Mesopotamian Archaeology: An introduction to the archaeology of Mesopotamia and AssyriaHandcock, Percy S. P. (Percy Stuart Peache)
History
Mesopotamian Archaeology: An introduction to the archaeology of Mesopotamia and Assyria
Handcock, Percy S. P. (Percy Stuart Peache)
Iraq -- Antiquities
The full extent of Khammurabi’s empire is not known, but his claim to
immortality rests not on the ever-shifting sands of territorial
aggrandizement, but on the solid rock of moral progress. To form an
accurate estimate of the influence which Khammurabi’s code of laws has
had on the Mosaic code and indirectly on the European codes of to-day is
beyond our power, but one fact is indisputable, and that is that the
legal code of Khammurabi some four thousand years ago enshrines many of
those principles of justice and mercy which we are apt to regard as the
peculiar offspring of our own enlightened age.
Many however of the laws embraced in this world-famed code show little
or no variation from those in force if not actually systematized in the
time of Urukagina. The laws relating to marriage are almost a replica of
those which obtained among the early Sumerians, the contract being still
made between the suitor and the father of the prospective bride, to whom
he normally paid a price for his daughter’s hand, the price of course
varying according to the station in life of the parties concerned. The
sum given to the father was often handed over by him to his daughter,
but if no children were born of the marriage the man was entitled to
receive back the price he had paid for his wife on her death, if it had
not been returned to him previously. The father in his turn usually gave
his daughter a dowry or marriage-portion, which on her death reverted to
the family in the event of her having no children. The dowries often
comprised various kinds of property including gold and silver, slaves,
furniture and apparel, and generally appear to have exceeded in value
the marriage-price paid by the husband. If children born of the marriage
survived the wife, her dowry was divided amongst them. Even if the woman
was divorced she retained her marriage-portion, though it was forfeited
in the event of gross moral misconduct on her part. In the eyes of the
law a married man and woman were one, each being held accountable for
the other’s debts, not excepting even prenuptial liabilities. But though
the Babylonian of Khammurabi’s day, as in the time of Urukagina, was
apparently a monogamist, he was permitted to have a concubine in the
event of his wife not providing him with an heir, the children of the
concubine being regarded as legitimate, and the concubine being entitled
to all the respect and consideration due to a wife. There are various
clauses in the code dealing with special cases, such as the marriage of
a free woman with a slave, or the marriage of votaries, but for a
detailed account of these, reference must be made to the standard works
on the Khammurabi Code, among which may be specially mentioned Harper’s
_Code of Hammurabi_[181] and John’s translation of the code in his
_Babylonian and Assyrian Laws, Contracts and Letters_.
Public-domain text, read in full here on John Shaqi.
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