Babylonians and Assyrians, Life and Customs by Archibald Henry Sayce (animal farm read TXT) 📖

in Assyria the bas-reliefs of Assur-bani-pal represent the queen as sitting and feasting by the side of her husband. A list of trees brought to Akkad in the reign of Sargon (3800 B.C.) speaks of them as having been conveyed by the servants of the queen, and if Dr. Scheil is right in his translation of the Sumerian words, the kings of Ur, before the days of Abraham, made their daughters high-priestesses of foreign lands.

Up to the last the Babylonian woman, in her own name, could enter into partnership with others, could buy and sell, lend and borrow, could appear as plaintiff and witness in a court of law, could even bequeath her property as she wished. In a deed, dated in the second year of Nabonidos (555 B.C.), a father transfers all his property to his daughter, reserving to himself only the use of it during the rest of his life. In return the daughter agrees to provide him with the necessaries of life, food and drink, oil and clothing. A few years later, in the second year of Cyrus, a woman of the name of Nubtâ, or "Bee," hired out a slave for five years in order that he might be taught the art of weaving. She stipulated to give him one qa , or about a quart and a half of food, each day, and to provide him with clothing while he was learning the trade. It is evident that Nubtâ owned looms and traded in woven fabrics on her own account.

Nubtâ was the daughter of Ben-Hadad-amara, a Syrian settled in Babylonia who had been adopted by another Syrian of the name of Ben-Hadad-nathan. After the latter's death his widow brought an action before the royal judges to recover her husband's property. She stated that after their marriage she and Ben-Hadad-nathan had traded together, and that a house had been purchased with a portion of her dowry. This house, the value of which was as much as 110 manehs, 50 shekels, or £62 10s., had been assigned to her in perpetuity. The half-brother Aqabi-il (Jacob-el), however, now claimed everything, including the house. The case was tried at Babylon before six judges in the ninth year of Nabonidos, and they decided in favor of the plaintiff.

One of the documents that have come down to us from the age of Abraham records the gift of a female slave by a husband to his wife. The slave and her children, it was laid down, were to remain the property of the wife in case either of divorce or of the husband's death. The right of the woman to hold private property of her own, over which the male heirs had no control, was thus early recognized by the law. In later times it is referred to in numberless contracts. In the reign of Nebokin-abla, for instance, in the eleventh century B.C., we find a field bequeathed first of all to a daughter and then to a sister; in the beginning of the reign of Nabonidos we hear of a brother and sister, the children of a naturalized Egyptian, inheriting their father's property together; and in the fourth year of Cyrus his son Cambyses sued for the payment of a loan which he had made to a Babylonian on the security of some house-property, and which was accordingly refunded by the debtor's wife. Other deeds relate to the borrowing of money by a husband and his wife in partnership, to a wife selling a slave for a maneh of silver on her own account, to a woman bringing an action before six judges at the beginning of the reign of Nabonidos to recover the price of a slave she had sold, and to another woman who two years previously was the witness to the sale of a house. Further proofs are not needed of the independent position of the woman, whether married or single, and of her equality with the man in the eyes of the law.

It would seem that she was on a level with him also in the eyes of religion. There were priestesses in Babylonia as well as priests. The oracles of Istar at Arbela were worked by inspired prophetesses, who thus resembled Deborah and Huldah and the other prophetesses of Israel. When Esar-haddon inquired of the will of heaven, it was from the prophetesses of Istar that he received encouragement and a promise of victory. From the earliest period, moreover, there were women who lived like nuns, unmarried and devoted to the service of the Sun-god. The office was held in high honor, one of the daughters of King Ammi-Zadok, the fourth successor of Khammurabi or Amraphel, being a devotee of the god. In the reign of the same king we find two of these devotees and their nieces letting for a year nine feddans or acres of ground in the district in which the "Amorites" of Canaan were settled. This was done "by command of the high-priest Sar-ilu," a name in which Mr. Pinches suggests that we should see that of Israel. The women were to receive a shekel of silver, or three shillings, "the produce of the field," by way of rent, while six measures of corn on every ten feddans were to be set apart for the Sun-god himself. In the previous reign a house had been let at an annual rent of two shekels which was the joint property of a devotee of the Sun-god Samas and her brother. It is clear that consecration to the service of the deity did not prevent the "nun" from owning and enjoying property.

Like Samas, the Sun-god, Istar was also served by women, who, however, do not seem to have led the same reputable lives. They were divided into two classes, one of which was called the "Wailers," from the lamentations with which each year they mourned the death of the god Tammuz, the stricken favorite of Istar. The Chaldean Epic of Gilgames speaks of the "troops" of them that were gathered together in the city of Erech. Here Istar had her temple along with her father, Anu, the Sky-god, and here accordingly her devotees were assembled. Like the goddess they served, it would appear that they were never married in lawful wedlock. But they nevertheless formed a corporation, like the corporations of the priests.

Babylonian law and custom prevailed also in Assyria. So far as can be gathered from the contracts that have come down to us, the Assyrian women enjoyed almost as many privileges as their sisters in Babylonia. Thus, in 668 B.C., we find a lady, Tsarpî by name, buying the sister of a man whose slave she was, for reasons unknown to us, and paying half a maneh of silver (£4 10s.) for the girl. Tsarpî was a "prefectess," like another lady who is called "the prefectess of Nineveh," and who, in 683 B.C., purchased seventeen slaves and a garden. It is plain from this that women could hold civil offices and even act as governors of a city.

In fact, wherever Babylonian culture and law extended, the principles and practice of it were necessarily in force. The Amorite colonies from Canaan established in Babylonia for the purposes of trade in the age of Abraham were naturally subject to the Babylonian laws, and the women among them possessed all the rights of their Babylonian neighbors. At the very beginning of the dynasty to which Khammurabi belonged, an Amorite lady, a certain Kuryatum, brought an action for the recovery of a field which had been the property of her father, Asalia, and won her suit. Kuryatum and her brother were themselves subsequently sued by three other "Amorites," the children of Izi-idrê, one of whom was a woman, for a field and house, together with some slaves and palm-trees, of which, it was asserted, they had wrongfully taken possession. The judges, however, after hearing both sides, dismissed the case.

It is not strange that the same laws and principles should have held good in Canaan itself, which was so long a Babylonian province. Sarah, who was of Babylonian origin, owned a female slave (Gen. xvi. 2, 6, 8, 9), and the Kennizzite Caleb assigned a field with springs to his daughter Achsah in the early days of the invasion of Canaan (Josh. xv. 18, 19). A Canaanitish lady takes part in the Tel-el-Amarna correspondence, and writes to the Pharaoh on matters of state, while the Mosaic Law allowed the daughter to inherit the possessions of her father (Numb. xxxvi. 8). This, however, was only the case where there was no son; after the Israelitish conquest of Canaan, when the traditions of Babylonian custom had passed away, we hear no more of brothers and sisters sharing together the inheritance of their father, or of a wife bequeathing anything which belongs to her of right. As regards the woman, the law of Israel, after the settlement in Canaan, was the moral law of the Semitic tribes. We must go back to the age of Abraham and Sarah to find a Hebrew woman possessed of the same powers as the Babylonian lady who, in the fifth year of Cambyses, sold a slave for two manehs and five shekels of silver, her husband and mother guaranteeing the value of the chattel that was thus sold.

The dowry which the woman brought with her on marriage secured of itself her independence. It was her absolute property, and she could leave it by will as she pleased. It protected her from tyrannical conduct on the part of her husband, as well as from the fear of divorce on insufficient grounds. If a divorce took place the dowry had to be restored to her in full, and she then returned to her father's house or set up an establishment of her own. Where no dowry had been brought by the bride, the husband was often required by the marriage contract to pay her a specified sum of money in case of her divorce. Thus a marriage contract made in Babylon in the thirteenth year of Nebuchadnezzar stipulates that, if the husband marries a second wife, the act shall be equivalent to a divorce of the first wife, who shall accordingly receive not only her dowry, but a maneh of silver as well. The payment, in fact, was a penalty on the unfaithfulness of the husband and served as a check upon both divorce and polygamy.

The dowry consisted not of money alone, but also of slaves and furniture, the value of which was stated in the marriage contract. In the contract just referred to, for instance, part of the dowry consisted of a slave who was valued at half a maneh. Sometimes the dowry included cattle and sheep. In the sixth year of Nabonidos we hear of three slaves and "furniture with which to stock the house," besides a maneh of silver (£6), being given as the marriage-portion. In this instance, however, the silver was not forthcoming on the wedding-day, and in place of it a slave valued at two-thirds of a maneh was accepted, the remaining third being left for payment at a subsequent date. Where the dowry could not be paid at once, security for the payment of it was taken by the bridegroom.

The payment was made, not by the bridegroom, as among the Israelites and other Semitic peoples, but by the father of the bride. If he were dead, or if the mother of the bride had been divorced and was in the enjoyment of her own property, the mother took the place of the father and was expected to provide the dowry. In such a case she also naturally gave permission for the marriage, and it was from her accordingly that consent to it had to be obtained. In one instance, however, in a deed dated in the