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
A slave, who married one of his master’s slave girls, or for whom, as
often was the case, a master bought a slave girl to be wife, was usually
provided with a house to live in and often with furniture, such as would
not disgrace a freeman’s home. Here he lived as a simple poor worker.
His master usually respected his rights, fed him and clothed him in
return for his service and treated him as a poor subject brother. When
the master thus set up a slave for life, with wife, house, and home, he
often laid it down that the slave should clothe and feed himself
henceforth, and specified the extent of service which he would demand.
Clearly such was a very modified slavery. Slaves do not seem to have
often been retained living in the house long after they grew up to
manhood. On the other hand, slave girls and women were kept in the
master’s house. A master often made a slave girl mother of his children.
But if so, these children were not born to slavery, but if acknowledged
became legitimate heirs to the master’s estate, and if not, were at
least free, and the slave mother was freed when the master died. There
is no suggestion that a Babylonian master claimed any rights over the
slave wife of his slave, beyond some share in such work as weaving and
perhaps a few household duties.
The slave who lived in his own house, if active and industrious, might
soon acquire wealth, or he might inherit it from relatives. Hence, he
might aspire to marry a free woman. In that case, if he remained a
slave, his master took one half his property at death and the other half
went to his free wife and her children who also were free. Such a free
wife of one who was still a slave might bring her marriage portion,
inherit property, &c. In fact she forfeited none of the rights of a
free woman by marrying a slave man. Doubtless, in many cases a master
preferred his slave marrying a free woman to having to purchase a slave
girl for him. He had to weigh the reversion of one half his slave’s
acquired property against the value of a family of born slaves, who of
course had to be fed and clothed till they were of value for sale or
service. The humane Babylonians were strongly averse to separating a
slave mother from her children and they were usually sold in families.
Public-domain text, read in full here on John Shaqi.
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