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 slave who did acquire wealth often bought his own freedom. The
master had to balance the value to him of the ransom paid against the
reversion of his entire property at his death. In such a case, of
course, the master fixed the price he would accept as a ransom. The
slave, however, if married to a slave wife would have to buy her freedom
also, and buy each of his slave children if he had any. The prudent
slave, therefore, married a free woman. The slave who thus acquired
freedom, if a foreigner, might return to his own land, or join the ranks
of the poor men who were free. He would thus become a _mushkênu_. This
and similar considerations have led several scholars to translate
_mushkênu_ by ‘freedman’. But a freedman is not necessarily a slave who
has bought his freedom, but solely one who has been freed. The
distinction is essential because slaves were often freed for other
reasons.
A large number of slaves were freed by adoption into the ranks of the
_amêlu_. A Babylonian father usually portioned off his sons and
daughters on their marriage. The sons, later, at his death, also shared
what he had left. Daughters had no further share. As long as the father
lived, if he fell into poverty or weak health his sons and daughters
naturally were supposed to maintain and care for him. But they might
agree that he should adopt a new son or daughter, to whom he would leave
his residual estate, in return for maintenance and care as long as he
lived. We have spoken of a father, but _mutatis mutandis_ a mother could
do likewise. Some scholars think that most of the cases of adoption
known to us are examples of a father adopting his natural sons by slave
girls. But the adoption is usually accompanied by a ceremony of
purification, symbolizing the emancipation from the taint of slavery.
This would not be necessary in the case of a natural son of a patrician
father. He was free any way at his father’s death, even if not
acknowledged as heir. Now in all these cases of adoption of a child to
care for one’s old age, we can presume that the adoptive parent is
childless, as in the frequent cases of adoption by votaries, or else
bereft of children by agreement with the grown-up family, who willingly
resigned their reversion to the parent’s estate in exchange for freedom
from the care of their aged parent. In some cases, the adoptive parents,
hitherto childless, adopt a child with the proviso that if hereafter
they do have begotten children, the present adopted one should rank as
eldest son or daughter of the family. Many children were also adopted
with the consent of their real parents, who were usually paid. This in
some respects was a sale by free parents of their children. They had the
right to sell a child to be a slave, but this was a sale to be son or
daughter in freedom and was often a wise provision for that child’s
future on the part of needy parents.
Public-domain text, read in full here on John Shaqi.
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