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
It is at least curious that the excuse given for demanding release for a
hostage for debt at the end of six years is that this is after all
double something—when it actually is double the term Hammurabi fixed. In
whatever way the Deuteronomist meant his reader to understand his
explanation it is difficult to imagine what else was in his mind. The
something which he appears to allege may be a gloss on his words. The
text may once have said ‘for the double he hath served thee’, and a dull
glossator may have sought within his own consciousness for the rather
pointless example suggested by the other reference to a hired servant’s
service.
Anyway, the term is explained as a double one, and it was double of the
term in the Hammurabi Code.
The second point of difference has a suggestion of greater ruthlessness
in Babylonia in treatment of a hostage. ‘Blows and starvation’ point to
efforts to get more out of the hostage. This, too, is the underlying
thought of the later legislation in Israel which forbids his treatment
as a bondservant.
The third point, too, suggests that in Babylonia it rarely occurred to a
man to prefer comfort with servitude to freedom and destitution. The lot
of the free destitute may have been more hopeless in Israel, the lot of
the slave less tolerable in Babylonia. Or the love of freedom may have
been greater in Babylonia. In any case, such a difference in law is the
sort of addition which might be expected to grow up in five hundred
years of advance, in a different state of society and a far-off land.
In the last resource the ground principle remains the same. A debtor may
name himself, or one of his family, or his slave, as hostage for debt,
but whatever the amount of debt, the hostage shall not be held beyond a
fixed term. This in both laws only applies to a free individual and
never affected a real ‘slave’.
We have hitherto assumed that the law contemplates only the Hebrew male
‘slave’. But are we to suppose that when an Israelite got into debt or
was sold to pay an obligation that he alone was responsible? Could not
he also assign his wife or child or slave to work off his debt? And if
he did, are we to understand that they could be kept for ever in
bondage? The words of the Book of the Covenant do not expressly answer
any of these questions, but only a very pedantic interpretation of the
letter of the law could confine its operation to the male head of the
family.
Public-domain text, read in full here on John Shaqi.
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