The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
History
The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures
Johns, C. H. W. (Claude Hermann Walter)
Jewish law; Law -- Iraq -- Babylonia
The _mushkênu_ may have descended to a lower position in Babylon, for
the phrase, _ana mushkênûti alâku_, meant ‘to go to misery’, ‘to be
ruined’. We may even note steps in this degradation. In the
Tell-el-Amarna tablets, Amenophis king of Egypt answers the letter of
Kadashman-Ellil, the Kassite king of Babylon, who had inquired after his
daughter the princess Tsukhartu, one of the Egyptian king’s matrimonial
alliances. The Babylonian king says that Amenophis had had his sister to
wife, but no messenger of his had ever been able to converse with that
princess, or to know whether she was alive or dead. They had indeed seen
a certain lady, but whether she was the daughter of some _mushkênu_ they
could not tell. They hardly suspected her of being a poor man’s
daughter, only of being a ‘commoner’. So too, in the days when Babylonia
was subject to Assyria, the Babylonians complained that they were being
treated as _mushkênu_, not surely as poor men merely, for the obvious
answer would be to increase their taxes, but as inferiors subject to
indignities.
At any rate, in Hammurabi’s Code they are free and possess moderate
means, but are inferior persons to the _amêlu_, yet superior to the
slave.
We see that these poor men fell later into still more abject conditions.
In the later texts it is usually their weakness, helplessness, and
poverty that is dwelt upon.[16]
Hence my first rendering was ‘poor-man’, but later I preferred to use
‘plebeian’, to which view most scholars have now come round.
The slave, _wardu_, was often spoken of as ‘a head’, as if he were a
chattel, or a mere animal. He was perpetually changing hands, being sold
or pledged (§§ 118, 147). Any damage done to him had to be paid for, but
the compensation went to his master (§§ 213, 214, 219, 220). If he
repudiated his master’s rights to his service, he was punished by
mutilation. It appears that his master had no power to kill him, but he
could brand him and put fetters on him. Yet the slave could acquire
wealth and often acted in business as a free man, but his master had
control of his actions and took a share of his profits. If he was living
in his master’s house, he could not buy or sell except by written
authority from his master (§ 7). Many slaves, however, married and had
homes of their own. The master might act as patron and recover debts for
them. Presumably they could not plead in Court, though they were called
on to bear witness.
Public-domain text, read in full here on John Shaqi.
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