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 slave ranks were recruited principally by captives taken in war. But
there was regular slave trading. A great many slaves were bought of
dealers. After a great battle many prisoners were sold publicly. It is
interesting to note that the Code contemplates slave dealers often
offering for sale in Babylonia slaves whom they had bought abroad. Such
might include slaves captured, stolen, or fled from Babylonia, and even
Babylonians themselves. If a Babylonian recognized his lost slave
offered for sale the law insisted that the dealer should take just what
he had paid for the slave abroad. He had to state this price on oath. On
the other hand, a Babylonian captive bought abroad and offered for sale
in Babylonia was to be set free. So a slave merchant made no profit on
any one who had once been in Babylonia before, scarcely an encouragement
to rescue Babylonians by buying them in foreign lands. But the slave
dealer was sure of his price for both. For the feudal tenant who had to
perform military service, and therefore was most likely to be captured
abroad, was to be ransomed whenever possible by his own family, if not
by the local treasury, the temple; if that was too impoverished, he
would be ransomed by the State (§ 32).
Of course, a very large part of Hammurabi’s Code, as may be expected,
deals with matters which primarily concerned the state of society in
Babylonia in his day. Much of this was quite unlike the state of society
for which the Laws of Moses were promulgated. Deeply interesting as such
sections are for the early history of human institutions, we must set
them aside if we are to confine our investigations within reasonable
limits. Suffice it now to repeat the opinion that the Code is one of the
most important documents ever recovered to elucidate ancient history.
For this contribution to knowledge the histories of Babylonia may be
consulted, for its contribution to the study of ancient law the works of
PROFESSOR KOHLER and PROFESSOR SCHORR, and their bibliographies are
most valuable.
It is, however, clear that the Code did not aim at legislating for
everything that could occur. It says nothing about murder. That was
evidently left to be dealt with by well-established custom. Only it
interferes to protect the man, who in a quarrel and evidently in danger
of his own life should strike a fatal blow. He was allowed to purge
himself by oath that he did not mean to kill. Further it passes sentence
of death on the wife who procures her husband’s death for love of
another man.
What the custom was with respect to deliberate premeditated murder we do
not yet know. But a late text quotes as an immemorial custom at Babylon
that not even a brigand could be put to death there without trial.
The Code is a digest of customary law, a set of confirmed and enacted
precedents. It is not properly a Code in the sense of the fully
systematized _Code civile_ of France or the German _Bürgerliches
Gesetzbuch_.
LECTURE II
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