The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures — John Shaqi
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 distinctive character of the slave is that he is fatherless by
status. It is usual in legal documents to name the father and often the
grandfather of the free contracting parties, the witnesses, judges,
scribes, &c. No slave, unless we reckon as such a freeman temporarily
reduced to slavery, is ever given as son of So-and-so. In fact, ‘the
sons of fathers’, _mâr banûtu_, such as were the _amêlu_ and _mushkênu_,
are very clearly men of birth. Their birth, marriage, and death were
registered and recorded, so that it was easy to trace family descent for
many generations. Enough documents are still preserved to us to compile
some family trees for a hundred years or more. But a slave was without
family. He was even forbidden in some cases to inquire into his real
descent. The family honour was very strictly guarded.
But though occupying so low a grade of society, we have seen that slaves
could rise not only to freedom but become adopted into the patrician
ranks. This privilege might be forfeited and the slave might be again
enslaved without hope of emancipation. There was a mark of the slave
which was put upon him by a _gallabu_, the barber and surgeon. Some
maintain that this mark was a shaving of the head or forelock in a
peculiar way. The slave would thus betray his condition, much as a
convict does. But this would be soon outgrown and the slave mark was
sometimes an irradicable mark; it is referred to as on the arm, and the
surgeon could remove it. So some rather think of a tattooed mark. A
barber might be induced by a fraudulent possessor of a slave to remove
his old slave mark, but if he could be shown to have done this wittingly
he lost his hands. If he could prove his innocence of collusion he was
released on oath, but the fraudulent owner was treated as a
slave-stealer and put to death. If a slave ran away and was caught, his
captor was bound to carry him back to his owner, and was then rewarded
by statute with a payment of two shekels (§ 17). If the captor kept him
hidden in his own house and did not give him to the town crier he was
treated as a slave-stealer and put to death (§ 15). If the slave broke
away from his captor, the latter had to swear to his non-complicity in
the escape and was then free of blame. The slave was not kept in
confinement as a rule; he might freely go about the city, and was
usually completely trusted to do errands, but he could not leave the
city without his master’s consent. If a fugitive slave was captured and
would not name his master, he was to be taken to the palace or
governor’s house and there put to the question, and if possible restored
to his owner. If such could not be found, the slave was added to the
public slaves, available for the _corvée_. Harbouring a fugitive slave
was punished with death. The slave when recovered by his master might be
put in chains.
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