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
As a matter of fact the Book of the Covenant is here not consistent with
itself. A man might beat his servant to death, provided he did not ‘die
under his hand’, and go unpunished, but he might not knock out his eye
without having to free him. Obviously, then, if he did knock out his
eye, his wisest plan was to so injure him further that he should die. In
any case he lost his slave. One can hardly help suspecting that these
two clauses belong to different periods. What the Babylonian master
could do to his slave without incurring punishment we do not now know.
If a slave ran away and was brought back his master could put him in
fetters. If the slave repudiated his master’s authority he was punished
by mutilation. But Hammurabi does not otherwise interfere between master
and slave. Probably he, too, counted on the master’s regard for his own
property.
The case of a slave who married a free wife comes up both in the Code (§
176) and in Exodus xxi. 3. Hammurabi makes the woman and her children
exempt from the master’s power. So does Moses, if the man had married
before he became a slave. Of course, if his master gave him a wife, the
master retained power over her and the children. We cannot, however,
suppose that if the enslaved Hebrew married a free woman while in
servitude that the master claimed to treat her as a slave. Probably,
however, the master had power to forbid such a marriage. Thus there
really was no case likely to arise in Israel to compare with that
legislated for in Babylonia, which law regulated all cases except this
in Canaan also. The only new regulation which had come into use is the
restriction on the man’s term of service. To meet the case of a man who
preferred perpetual servitude in domestic comfort to destitute freedom
he was allowed to be ear-marked for the purpose (Exodus xxi. 6).
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account