The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
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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
In the Book of the Covenant, then, it seems that a Hebrew was only
likely to get into such a position as a result of crime for which he
could not pay the fine or a theft which he could not restore, and so by
judicial sentence or by voluntary self-assignment for debt.
In such cases the law rules that whatever was the amount of debt six
years’ service must be held to discharge it. That opened the way to
abuses in two directions. The service might be an insufficient
discharge, and so the holder, if the debt was due to him, or the
purchaser of the convict, would be cheated; or the man who had suffered
the theft be not remunerated. So it is not to be supposed that when a
man was sold to pay for a theft which he had committed the buyer would
pay more for him than he could reasonably expect to get back by six
years’ service. Thus the way was opened to a second abuse, excessive
exaction of labour from the slave. Later legislation recognized the
existence of just these abuses and attempted redress.
Now all this is completely like the Code of Hammurabi, which already
provided for the abuses as well (§ 117 ff.). The Code deals with the man
assigned, literally ‘named’, _nibutum_, like the Roman _nuncupatus_, to
work off a debt. The Code expressly reserves the right of ‘naming’ this
hostage to the debtor himself. The creditor had no power to seize the
debtor or distrain on his goods or dependants. If he does he is fined
and voids his debt at once. It also, like the Book of the Covenant,
contains cases where a man might be sold with his family, and of course
his goods, to pay a liability which he had incurred through culpable
negligence. Neither it nor the Book of the Covenant expressly brings
this case under the law of release. It does not record the case of a man
actually ‘naming’ himself as _mancipium_. But that surely is not
excluded from possibility, and we know from actually recorded cases that
it occurred.
The points of difference are (i) the term of service—fixed by the Code
at three years, by the Book of the Covenant at six years; (ii) the
regulations against the ill-treatment of the hostage; (iii) the
regulation for the case of the man who wished to remain a slave for
ever.
Public-domain text, read in full here on John Shaqi.
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