A. H. Sayce

“ If the wife hates her husband and denies him, they shall throw her into the river. If the husband divorces his wife, he must pay her fifty shekels of silver. If a man hires a servant, and kills, wounds, beats, or ill-uses him or makes him ill, he must with his own hand measure out for him each day half a measure of grain.”
We have already seen that the last regulation was in force up to the latest period of Babylonian history. It betrays a humane spirit in the early legislation and shows that the slave was regarded as something more than a mere chattel. ”

“ The culture of Assyria was but an imitation and reflection of that of Babylonia—there was nothing original about it. The Assyrian excelled only in the ferocities of war, not in the arts of peace. Even the gods of Assyria had migrated from the southern kingdom.
The dual character of Babylonian civilization must never be forgotten. It serves to explain a good deal that would otherwise be puzzling in the religious and social life of the people. But the social life was also influenced and conditioned by the peculiar nature of the country in which the people lived. ”

“ At times it would seem as if we must pronounce the Babylonian family to have been patriarchal in its character; at other times the wife and mother occupies an independent and even commanding position. It may be noted that whereas in the old Sumerian hymns the woman takes precedence of the man, the Semitic translation invariably reverses the order: the one has “female and male,” the other “male and female.” Elsewhere in the Semitic world, where the conceptions of Babylonian culture had not penetrated, the woman was subordinate to the man, his helpmate and not his equal. ”

“ That the law should nevertheless have regarded the slave as a person, and as such possessed of definite rights, appears strange. But Babylonian law started from the principle of individual responsibility and individual possession of property, and since the slave was a human being and could, moreover, hold property of his own, it necessarily seemed to place him more and more on a footing of equality with the free-born citizen. The causes which brought about the legal emancipation of women worked in the same direction in favor of the slave. ”

“ In spite, therefore, of the fact that so much of the labor of the country was performed by slaves, agriculture was in high esteem and the free agriculturist was held in honor. Tradition told how Sargon of Akkad, the hero of ancient Babylonia, had been brought up by Akki the irrigator, and had himself been a gardener, while the god Tammuz, the bridegroom of Istar, had tended sheep. Indeed, one of the oldest titles of the Babylonian kings had been that of “shepherd.” ”

“ But even in Babylonia the majority of the gods of the state religion was probably but little remembered by the mass of the people. Doubtless the local divinity was well known to the inhabitants of the place over which he presided and where his temple had stood from immemorial times. Every native of Ur was doubtless a devoted adorer of Sin, the Moon-god, and for the inhabitants of Babylon Bel-Merodach was the highest object of worship. But the real religion of the bulk of the population consisted in charms and magic. ”

“ We have, indeed, no written records which go back to so distant a past; it belongs, perhaps, to an epoch when the art of writing had not as yet been invented. But there was already civilization in Babylonia, and the elements of its future social life were already in existence. Babylonian culture is immeasurably old. ”

“ Here, then, we have an Assyrian officer who is acquainted not only with Sumerian, but also with two of the living languages of Western Asia. And yet he was not a scribe; he did not belong to the professional class of learned men. Nothing can show more clearly the advanced state of education even in the military kingdom of Assyria. In Babylonia learning had always been honored; from the days of Sargon of Akkad onward the sons of the reigning king did not disdain to be secretaries and librarians.
The linguistic training undergone in the schools gave the Babylonian a taste for philology. ”

“ In times of famine or necessity a man even sold himself to be quit of a debt or to obtain the means of subsistence. A slave was always fed and clothed; the free laborer at times could get neither food nor clothing.
There were three classes of slaves—those who were the property of a private individual, the serfs who were attached to the soil which they cultivated, and the temple slaves who had been dedicated to the service of the gods. ”

“ The earliest code of Sumerian laws known to us takes the slave under its protection. It assumes the principle that the life of the slave is not absolutely at his master's disposal, and enacts that, if the slave is killed, beaten, maimed, or injured in health, the hand that has so offended shall pay each day a measure of wheat. ”

“ Here a knowledge of writing was far more widely spread, and one of the results was that varieties of handwriting became as numerous as they are in the modern world. The absence of a professional class of scribes prevented any one official hand from becoming universal. We find even the son of an “irrigator,” one of the poorest and lowest members of the community, copying a portion of the “Epic of the Creation,” and depositing it in the library of Borsippa for the good of his soul. Indeed, the contract tablets show that the slaves themselves could often read and write. ”

“ Recent scientific research has stimulated an increasing interest in the study of the Babylonians, Assyrians, and allied Semitic races of ancient history among scholars, students, and the serious reading public generally. It has provided us with a picture of a hitherto unknown civilization, and a history of one of the great branches of the human family. The object of the present Series is to state its results in popularly scientific form. Each work is complete in itself, and the Series, taken as a whole, neglects no phase of the general subject. ”

“ It was never forgotten that Babylonia had once been the mistress of Western Asia, and it was, accordingly, the sceptre of Western Asia that was conferred by Bel Merodach upon his [pg 172] adopted sons. Like the Holy Roman Empire in the Middle Ages, Babylonian sovereignty brought with it a legal, though shadowy, right to rule over the civilized kingdoms of the world. It was this which made the Assyrian conquerors of the second Assyrian empire so anxious to secure possession of Babylon and there “take the hands of Bel.” ”

“ It is here that we find the earliest beginnings of civilization historically known to us—here that early religious ideas, social customs and manners, political organizations, the beginnings of art and architecture, the rise and growth of mythological ideas that have endured and spread to western nations, can be seen in their earliest stages, and here alone the information is supplied which enables us to follow them most successfully in their development. ”

“ When Abraham was born at Ur of the Chaldees, Babylonia was governed by a dynasty of South Arabian origin whose names had to be translated into the Babylonian language. Throughout the country there were colonies of “Amorites,” from Syria and Canaan, doubtless established there for the purposes of trade, who enjoyed the same rights as the native Babylonians. They could hold and bequeath land and other property, could buy and sell freely, could act as witnesses in a case where natives alone were concerned, and could claim the full protection of Babylonian law. ”

“ The world, it was believed, originated in a watery chaos, like that in which the first settlers had found the Babylonian plain. The earth not only rested on the waters, but the waters themselves, dark and unregulated, were the beginning of all things. This cosmological conception was carried with the rest of Babylonian culture to the West, and after passing through Canaan found its way into Greek philosophy. ”

“ 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. ”

“ 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. ”

“ Western Asia had received its culture and the elements of its theology from Babylonia, and Babylonia consequently was a sacred land not only to the Babylonians themselves, but to [pg 066] all those who shared their civilization. The very soil was holy ground; Assyrians as well as Babylonians desired that their bodies should rest in it. Here they were in the charge, as it were, of Bel of Nippur or Merodach of Babylon, and within sight of the ancient sanctuaries in which those gods were worshipped. ”

“ Tiamat and her demoniac allies were overthrown and the sky formed out of her skin, while her blood became the rivers and springs. The deep was placed under fetters, that it might never again break forth and reduce the world to primeval chaos; laws were laid down for the heavenly bodies, which they were to keep forever and so provide a measure of time, and the plants and animals of the earth were created, with man at the head to rule over them. Though man was made of the dust, he was, nevertheless, the “son” of the gods, whose outward forms were the same as his. ”

“ 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. ”

“ A slave, in fact, could even act as a witness in court, his testimony being put on the same legal level as that of a native Babylonian. He could also be a party to a suit. Thus we find a slave called Nergal-ritsua, in the tenth year of Nabonidos, bringing a suit for the recovery of stolen property. He had been intrusted by his master with the conveyance of 480 gur of fruit to the ships of a Syrian, named Baal-nathan, who undertook to carry it to Babylon, and to be responsible for loss. ”

“ In the age of Khammurabi we find two brothers hiring the services of two slaves, one of whom belonged to their father and the other to their mother, for ten days. The slaves were wanted for harvest work, and it was agreed that a gur (or 180 qas) of grain should be paid them. This, of course, ultimately went to their owners. In the reign of Cambyses a man and his wife, having borrowed 80 shekels, gave a slave as security for the repayment of the loan; the terms of the contract are the same as if the security had been a house. ”

“ It is only where the wife is a bought slave that polygamy can flourish.
In early times, it is true, the rich Babylonian indulged in the possession of more than one wife. Some contracts of the age of Khammurabi, translated by Mr. Pinches, are particularly instructive in this respect. We hear in them of a certain Arad-Samas, who first married a lady called Taram-Sagila and then her adopted sister Iltani. Iltani, it is ordained, shall be under the orders of her sister, shall prepare her food, carry her chair to the Temple of Merodach, and obey her in all things. ”