The Old Testament in the Light of the Historical Records and Legends of Assyria and BabyloniaPinches, Theophilus G. (Theophilus Goldridge)
Religion
The Old Testament in the Light of the Historical Records and Legends of Assyria and Babylonia
Pinches, Theophilus G. (Theophilus Goldridge)
Bible. Old Testament -- Criticism, interpretation, etc.
As will be seen farther on, when Babylonian life of a later period comes
to be treated of, the leasehold system, with all its disadvantages, was in
full force, and there is just the possibility that it was already in use
during the time of the dynasty of Babylon. Even at this early date the
question of party walls was an important one, as the tablet of
Šamaš-în-mâtim and Êrišti-Aa, daughter of Zililum, shows. They were to set
up the dividing wall (_gušuru_, apparently palings) _aḫum mala aḫim_, lit.
“brother as much as brother,” _i.e._ one as much as the other. They
managed things differently in ancient Babylonia, and if this was the usual
arrangement, it must have given rise to endless disputes.
It is probable that, before the time of Ḫammurabi, the ancient Babylonians
had no code of laws in the true sense of the term. All the legal decisions
known seem to have been decided on their merits by the judges who tried
the cases, and in such actions in which the judges could not come to a
decision, the matter seems to have been referred to the king, whose word
was, to all appearance, final. Naturally an enormous responsibility rested
on the judges on account of this, but they were not entirely without help
in the matter of deciding difficult and unusual questions. Lists of
precedents were kept, and to these, in all probability, they constantly
referred—indeed, the tablets of legal precedents were held in such high
esteem, that copies of them were kept in the libraries of Assyria, and in
Babylonia also, in all probability, until long after the destruction of
the Assyrian power, notwithstanding that legal use and wont had by that
time somewhat changed. One or two examples of these legal precedents may
here be quoted to show their nature:—
“If a son say to his father, ‘Thou art not my father,’ they may shave him,
put him in fetters, and sell him for silver.
“If a son say to his mother, ‘Thou art not my mother,’ they may shave off
his hair, lead him round the city, and drive him forth from the house.
“If a wife hate her husband, and say to him, ‘Thou art not my husband,’
they may throw her into the river.
“If a husband say to his wife, ‘Thou art not my wife,’ he shall pay her
half a mana of silver.
“If a man hire a slave, and he dies, is lost, runs away, gets locked up,
or falls ill, he shall pay as his hire every day half a measure of grain.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account