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

dead or divorced that a second could be taken; the wife might have a successor, but not a rival.

The divorced wife was regarded by the law as a widow, and could therefore marry again. A deed of divorce, dated in the reign of the father of Khammurabi, expressly grants her this right. To the remarriage of the widow there was naturally no bar; but the children by the two marriages belonged to different families, and were kept carefully distinct. This is illustrated by a curious deed drawn up at Babylon, in the ninth year of Nabonidos. A certain Bel-Katsir, who had been adopted by his uncle, married a widow who already had a son. She bore him no children, however, and he accordingly asked the permission of his uncle to adopt his step-son, thereby making him the heir of his uncle's property. To this the uncle objected, and it was finally agreed that if Bel-Katsir had no child he was to adopt his own brother, and so secure the succession of the estate to a member of his own family. The property of the mother probably went to her son; but she had the power to leave it as she liked. This may be gathered from a will, dated in the seventh year of Cyrus, in which a son leaves property to his father in case of death, which had come to him from his maternal grandfather and grandmother. The property had been specially bequeathed to him, doubtless after his mother's death, the grandmother passing over the rest of her descendants in his favor.

The marriage ceremony was partly religious, partly civil; no marriage was legally valid without a contract duly attested and signed. The Babylonians carried their business habits into all departments of life, and in the eyes of the law matrimony was a legal contract, the forms of which had to be duly observed. In the later days of Babylonian history the legal and civil aspect of the rite seems to have been exclusively considered, but at an earlier period it required also the sanction of religion; and Mr. Pinches has published a fragmentary Sumerian text in which the religious ceremony is described. Those who officiated at it, first placed their hands and feet against the hands and feet of the bridegroom, then the bride laid her neck by the side of his, and he was made to say to her: "Silver and gold shall fill thy lap; thou art my wife; I am thy husband. Like the fruit of an orchard will I give thee offspring." Next came the ceremony of binding the sandals on the feet of the newly wedded pair and of handing them the latchet wherewith the shoes should be tied, as well as "a purse of silver and gold." The purse perhaps symbolized the dowry, which was given by the father of the bride. In the time of Nebuchadnezzar the ceremony was restricted to joining together the hands of the bride and bridegroom.

Contact with the Assyrians and Babylonians in the Exilic period introduced the Babylonian conception of the legal character of marriage among the Israelites, and, contrary to the older custom, it became necessary that it should be attested by a written contract. Thus, Raguel, when he gave his daughter "to be wife to Tobias," "called Edna, his wife, and took paper and did write an instrument of covenants, and sealed it" (Tobit vii. 14).

According to Herodotus, a gigantic system of public prostitution prevailed in Babylonia. Every unmarried woman was compelled to remain in the sacred enclosure of Mylitta - by which Istar is apparently meant - until some stranger had submitted to her embraces, while the sums derived from the sale of their personal charms by the handsome and good-looking provided portions for the ugly. Of all this there is not a trace in the mass of native documents which we now possess. There were the devotees of Istar, certainly - the ukhâtu and kharimâtu - as well as public prostitutes, who were under the protection of the law; but they formed a class apart, and had nothing to do with the respectable women of the country. On the contrary, in the age of Khammurabi it was customary to state in the marriage contracts that no stain whatever rested on the bride. Thus we read in one of them: "Ana-Â-uzni is the daughter of Salimat. Salimat has given her a dowry, and has offered her in marriage to Bel-sunu, the son of the artisan. Ana-Â-uzni is pure; no one has anything against her." The dowry, as we have seen, was paid by the near relations of the wife, and where there was none, as in the case of the singing-woman married by Nebo-akhi-iddin, there was no dowry at all. The dowries provided for the ugly by the prostitution of the rich must be an invention of the Greeks.

Within what degree of relationship marriage was permitted is uncertain. A man could marry his sister-in-law, as among the Israelites, and, in one instance, we hear of marriage with a niece. In the time of Cambyses a brother marries his half-sister by the same father; but this was probably an imitation of the Persian custom.

The children, as we have seen, whether boys or girls, inherited alike, subject to the provisions of the parent's will. The will seems to have been of Babylonian origin. Testamentary devolution of property went back to an early period in a country in which the legal relations of trade had been so fully developed. Trade implied private property and the idea of individual possession. The estate belonging to a person was his absolutely, to deal with pretty much as he would. He had the same right to alienate it as he had to increase it. In a commercial community there could be no community of goods.

As far back, therefore, as our materials carry us, the unit in the Babylonian state is the individual rather than the family. It is he with whom both the law and the government deal, and the legal code of Babylonia is based upon the doctrine of individual responsibility. Private ownership is the key-note of Babylonian social life.

But the whole of this social life was fenced about by a written law. No title was valid for which a written document could not be produced, drawn up and attested in legal forms. The extensive commercial transactions of the Babylonians made this necessary, and the commercial spirit dominated Babylonian society. The scribe and the lawyer were needed at almost every juncture of life.

The invention of the will or documentary testament, followed naturally. The same legal powers that were required to protect a man's property during his lifetime were even more urgently required when he was dead. The will was at first the title which gave the heir his father's estate. Gradually it developed, until at last it came to be an instrument by means of which the testator retained control over his property even after his death. As an example of the form which it usually assumed, we may take one which was drawn up in the seventh year of the reign of Cyrus as King of Babylon (532 B.C.):


Nebo-baladan, the son of Samas-palassar, the son of the priest of
the Sun-god, has, of his own free-will, sealed all his estate,
which he had inherited from Nebo-balasu-iqbi, the son of Nur-Ea,
the son of the priest of the Sun-god, the father of his mother,
and from Kabtâ, the mother of Assat-Belit, his grandmother,
consisting of a piece of land, a house and the slaves or serfs
attached to it, in accordance with the will ( literally tablet)
which his maternal grandfather, Nebo-balasu-iqbi, and his maternal
grandmother, Kabtâ, had sealed and bequeathed to Nebo-baladan, the
son of their daughter, and has bequeathed them for ever to
Samas-palassar, the son of Samas-ina-esi-edher, the son of the
priest of the Sun-god. As long as Nebo-baladan lives the piece of
ground, the house, the slaves, and all the rest of his property
shall continue in his own possession, according to the terms of
this his will. Whoever shall attempt to change them, may Anu, Bel,
and Ae curse him; may Nebo, the divine scribe of Ê-Saggil, cut off
his days! This will has been sealed in the presence of Sula, son
of Bania, son of Epes-ilu; of Bel-iddin, son of Bel-natsir, son of
the priest of Gula; of Nebo-sum-yukin, son of Sula, son of Sigua;
of Nebo-natsir, son of Ziria, son of Sumâti; {~HORIZONTAL ELLIPSIS~} of Nebo-sum-lisir,
son of Nebo-sum-iskun, son of the wine-merchant (?), and the
scribe Samas-zir-yusabsi, son of Zariqu-iddin, son of the
architect. (Written at) Babylon, the 19th day of Sebat (February),
the seventh year of Cyrus, king of Babylon and the world.


In this case it is a son who makes over his property to his father should he be the first to die. The will shows that the son was absolute master of his own possessions even during his father's lifetime, and could bequeath it as he chose.

A remarkable instance of the application of the principles underlying testamentary devolution is to be found in the case of Ninip-Sum-iskun, the son of a land-surveyor who handed over his property to his daughter Dhabtu, while he was still alive, stipulating only for the usufruct of it. The text begins by saying that the testator called to his daughter: "Bring me writing materials, for I am ill. My brother has deserted me; my son has offended me. To you therefore I turn. Have pity on me, and while I live support me with food, oil, and clothes. The income from my surveying business, in which I have two-thirds of a share with my brother, do I hand over to you." After this preamble the deed is drawn up in due form, attested, dated, and sealed. The whole of the testator's property is assigned to his daughter "for ever," "the usufruct of his income" only being reserved to himself "as long as he shall live." He undertakes accordingly not to "sell" it, not to give it to another, not to pawn it or alienate a portion of it. By way of doubly securing that the deed shall take effect, the gods are invoked as well as the law.(3)

Another case in which a kind of will seems to have been made which should take effect during the lifetime of the testator, is a document drawn up by order of the Assyrian King Sennacherib. We may gather from it that Esar-haddon, though not his eldest, was his favorite son, a fact which may explain his subsequent assassination by two of his other sons, who took advantage of their brother's absence in Armenia at the head of the army, to murder their father and usurp the throne. In the document in question Sennacherib makes a written statement of his desire to leave to Esar-haddon certain personal effects, which are enumerated by name. "Gold rings, quantities of ivory, gold cups, dishes, and necklaces, all these valuable objects in plenty, as well as three sorts of precious stones, one and one-half maneh and two and one-half shekels in weight, I bequeath to Esar-haddon, my son, who bears the surname of