Babylonians and Assyrians : $b Life and customsSayce, A. H. (Archibald Henry)
History
Babylonians and Assyrians : $b Life and customs
Sayce, A. H. (Archibald Henry)
Assyria -- Social life and customs; Babylonia -- Social life and customs
One of the effects of the system of adoption was to give the privileges of
Babylonian citizenship to a good many foreigners. The foreign origin of
Barachiel, as evidenced by his name, was no obstacle to his claim to be a
citizen, and the numerous contracts in which it is certified of a foreign
slave that he has never been adopted prove the fact conclusively. A
commercial community cannot afford to be exclusive on the ground of race
and nationality.
Such, then, was the family system in the Babylonia of the historical
period. Polygamy was rare, and the married woman possessed full rights
over her property and could employ or bequeath it as she chose. The dowry
she brought from her father or other near relation made her practically
independent of her husband. Sons and daughters alike were able to inherit,
and the possessor of property had the power of making a will. The law
seems to have placed but few restrictions upon the way in which he could
bestow his wealth. A family could be increased or prevented from dying out
by means of adoption, and new blood could thus be introduced into it.
The rights and duties of the individual were fully recognized; it was with
him alone that the law had to deal. Nevertheless, a few traces survived of
that doctrine of the solidarity of the family which had preceded the
development of individual ownership and freedom of action. The bride was
given in marriage by her parents, or, failing these, by her nearest male
relations, and when an estate was sold which had long been in the
possession of a certain family, it was customary for the rest of the
family to signify their consent by attending the sale. We may gather,
however, that the sale was not invalidated if the consent was not
obtained. In the older days of Babylonian history, moreover, it was usual
for the property of a deceased citizen to be divided among his heirs
without the intervention of a will. It went in the first instance to his
widow, and was then divided equally among his children, whether body heirs
or adopted ones, the eldest son alone receiving an additional share in
return for administering the estate. But disputes frequently arose over
the division, and the members of the family went to law with one another.
In such cases it became the custom to place the whole of the property in
the hands of the priests of the city-temple, who thus corresponded to the
English Court of Chancery, and made the division as they judged best. The
results, however, were not always satisfactory, and it was doubtless in
order to avoid both the litigation and the necessity of appointing
executors who were not members of the family, that the will came to play
so important a part in the succession to property. In bequeathing his
possessions the head of the family was expected to observe the usual rule
of division, but it ceased to be obligatory to do so.
CHAPTER III. EDUCATION AND DEATH
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