(M501) The importance of the temple was partially the result of the large

dues paid to it. These consisted primarily of a _ginû_, or fixed customary

daily payment, and a _sattukku_, or fixed monthly payment. How these arose

is still obscure. They were paid in all sorts of natural products, paid in

kind, measured by the temple surveyor on the field. Doubtless, these were

due from temple lands, and grew out of the endowments given to the temple.

These often consisted of land, held in perpetuity by a family, charged

with a payment to the temple. The land could not be let or sold by the

temple, nor by the family. Such land was usually freed from all other

state dues. The endowment was thus at the expense of the state. An

enormous number of the tablets which have reached us from the later

Babylonian times concern the payment of these dues. They mostly consisted

of corn and sesame, or other offerings, and the tablets are receipts for

them. In Assyrian times the _ginû_ also included flesh of animals and

birds. In some few cases we have long lists of these daily dues,

accompanied by precious gifts in addition. The gifts were perishable, but

were accompanied by a note specifying them, and the good wishes or purpose

of the donor.(538) These notes were preserved as mementos of the donor’s

good-will.

(M502) Temples, however, also possessed lands which they could let. They

also held houses which they might let.(539) In fact, the temples could

hold any sort of property, but apparently could not alienate any. Some

lands the temple officials administered themselves, having their own

work-people. We have mention of these lands from the earliest times

(_e.g._, the very early tablet referred to above),(540) right down through

the Sumerian period. We have almost endless temple accounts, many of which

relate to the fields of the temple, giving their dimensions and situation,

with the names of the tenants, or serfs, and the rents or crops expected

of them. Then, in the First Dynasty of Babylon, we find the lands,

gardens, courts, _et cetera_, of the gods named. We no longer have the

temple accounts, but the private business transactions of the citizens,

whose neighbors are often the gods themselves, as direct land-owners. In

Assyrian times the mention of temple lands is very common. In later

Babylonian times there is abundant evidence of the same custom. Dr. Peiser

devotes a considerable portion of the introduction to his _Babylonische

Verträge_ to this subject. How the temple became possessed of these lands

we do not know. We do know of large gifts of land by kings, rich

land-owners and the like, but we do not know whether originally the temple

started with land. When a king speaks of building a temple to a god, we

may understand that he really rebuilt it, or erected a new temple on the

site. Before kings, the _patêsis_ did the same. But did a _patêsi_ precede

a temple or _vice versâ_? and did the first founder, or the town, grant

the first temple lands?

(M503) The temples had further a variable revenue from private sources.

There were many gifts and presents given voluntarily, often as

thank-offerings. The temple accounts give extensive lists of these from

the earliest times to the latest. They were of all sorts, most often food

or money. But they were often accompanied by some permanent record, a

tablet, vase, stone or metal vessel, inscribed with a votive inscription.

These form our only materials for history in long spaces of time.

(M504) Sacrifices were, of course, largely consumed by the offerers and

those invited to share the feast. But the temple took its share. The share

was a fixed or customary right to certain parts. For one example, the

temple of Shamash at Sippara had its fixed share of the sacrifice, taking

“the loins, the hide, the rump, the tendons, half the abdominal viscera

and half the thoracic viscera, two legs, and a pot of broth.” The usage

was not the same at all temples. In the temple of Ashur and Bêlit at

Nineveh we have a different list.(541) For the parallels with Mosaic

ritual, and the Marseilles sacrificial tablet, see Dr. J. Jeremias, _Die

Cultus Tafel von Sippar_. The list was drawn up by Nabû-aplu-iddin, King

of Babylon B.C. 884-860.(542)

(M505) This was of course a variable source of income, depending upon the

popularity of the cult and the population of the district. It was also

perishable and could not be stored. It is certain that in some cases this

source of income was so large that the temple sold its share for

cash.(543) This must be carefully distinguished from the _ginû_ and

_sattukku_ mentioned on page 208, which were constant and regular

supplies.

(M506) The temple was also a commercial institution of high efficiency.

Their accumulations of all sorts of raw products were enormous. The temple

let out or advanced all kinds of raw material, usually on easy terms. To

the poor, as a charity, advances were made in times of scarcity or

personal want, to their tenants as part of the metayer system of tenure,

to slaves who lived outside its precincts, and to contractors who took the

material on purely commercial terms. The return was expected in kind, to

the full amount of advance, or with stipulated interest. Also in some

cases, especially wool and other clothing stuffs, in made-up material.

Definite fabrics, mostly garments and rugs or hangings, were expected

back. Some quantity was needed for garments and vestments for temple

officials, some for the gods. But a great deal was used for trade. We have

references to temple treasuries and storehouses from the earliest times to

the latest.

(M507) The temples did a certain amount of banking business. By this we

mean that they held money on deposit against the call of the depositor.

Whether they charged for safekeeping or remunerated themselves by

investing the bulk of their capital, reserving a balance to meet calls,

does not yet appear. But the relatively large proportion of loans, where

the god is said to be owner of the money, points to investment as the

source of a considerable income. Here a careful distinction must be made

between the loans without interest, or with interest only charged in

default of payment to time, and those where interest is charged at once.

The latter are banking business, the former were probably only the

landlord’s bounden duty to his tenant by the custom of his tenure. The

temples also bought and sold for profit.

(M508) The greater officials, of course, appear often at court. The king

was accompanied by a staff of priestly personages. They frequently appear

in the inscriptions and on the monuments. His court reproduced that of the

gods above. The officials in one answered, man for man and office for

office, with those above.

(M509) The king, by his religion, could do nothing without religious

sanction. The support of the priestly party was essential. In the more

unsettled times they were to a great extent king-makers. To estrange the

priests was a dangerous policy always. Besides their immense wealth they

had the sanctions of religion on their side. To all men certain things

were right, and the priests then had what right there was on their side. A

king was under obligation to come to Babylon to take the hands of

Bêl-Merodach each New Year’s Day. If he did not, he not only offended the

priests, but also committed a wrong in the eyes of his people.

(M510) But the kings were often inclined to rely upon conjurers,

soothsayers, magicians, and the like. It would be a fatal mistake to

confuse these with the priests. The best kings were those who set their

face against magic and supported the more rational local or national

worships. Sargon II., Esarhaddon, Nebuchadrezzar II., are examples of the

latter, while Ashurbânipal is a great example of the magic-ridden kings.

Ḥammurabi apparently strove to put down magic. The eternal struggle

between the “science” (falsely so-called) of magic and divination on the

one hand and the higher claims of religious duty on the other, is the key

to much that is misunderstood in the politics of the time. It would be too

much to say that the priestly party were always on the side of morality,

or that they were not often allied with the soothsayers, but it is certain

that what ethical progress there was, was due to them. In religious texts

alone have we aspiration after higher ideals. Who can fancy a wizard

troubled about ethics?

(M511) The priest proper, _šangû_, was a person of the highest rank. He

appears very little on the whole. His chief function was to act as

mediator between god and man, as over the sacrifice offered.

(M512) He had public duties outside his priestly office. He inspected

canals.(544) He often acted as a judge.

(M513) There was a college of priests attached to some temples, over which

was a _šangû maḫḫu_ or “high-priest.”

(M514) The general idea that _mašmašu_, “charmer”; _kalû_, “restrainer”;

(?) _maḫḫû_, “soothsayer”; _surru_; _lagaru_; _šâ’ilu_, “inquirer”;

_mušêlu_, “necromancer”; _âšipu_, “sorcerer”; all properly “magicians,”

are subdivisions of the general term _šangû_, is yet to be proved. Except

when, in rare cases, the same man was both, the scribes carefully

distinguish them. The idea seems to arise from the same modern confusion

of thought which starts by calling an unknown official first a eunuch,

then a priest. We do not yet fully know the functions or methods of these

officials. They remain to be studied.(545)

(M515) The _ḳêpu_, or “warden,” was over the temple servants. He let the

temple lands. He inspected the temple slaves and work-people.(546)

(M516) The _šatammu_ was over the revenues. This name is clearly connected

with the _šutummu_ or storehouse.

Certain officials, as surveyors or measurers, scribes, _et cetera_, may

have been of priestly rank and held these offices as well. But as a rule,

a man appears with an official title, without our being able to see

whether he was a priest or not.

(M517) The temple kept its artificers, who had board and wages. It had its

serfs, or land laborers, not actual slaves, but free except for their duty

to the temple. They lived on the produce of their holdings, subject to a

fixed, or produce-rent.

There were temple slaves, who performed the menial offices without wages,

but were clothed and fed.

Within these classes doubtless came some of those who appear as

slaughterers, water-carriers, doorkeepers, bakers, weavers, and the like.

A temple also had its shepherds, cultivators, irrigators, gardeners, _et

cetera_; but it is far from easy to determine the exact degree of

dependence in each case.

The temple even had its own doctor.(547)

(M518) In all these cases we may compare the monastic institutions of the

Middle Ages. We are not as a rule able to see whether they were “lay

brothers,” or had become “clerics,” as well as “clerks.” But there is no

sign of celibacy. Even the priests were married.

Attached to the temple were votaries.(548) In not a few cases the above

offices might also be held by women, even such an office as surveyor might

be held by a woman. There were many female “clerks.” All the temple staff

were maintained by the temple, boarded, fed, and clothed, at the temple

expense. But private persons might undertake to keep a definite temple

official, perhaps were bound to do so, by the terms of some

endowment.(549)

(M519) The right to serve in certain offices was hereditary in some

families. As these multiplied, the office was held in turn by members of

the family for a short time, so that it may well be that an individual

priest only exercised his functions for a very limited part of the year.

(M520) Great families took their clan name from their office; for example,

the Gula priests in later Babylonian times, or as the _mandidu_,

“measurer,” or “surveyor,” attached to a temple, became a clan name.

(M521) Hence arose property in temple incomes. That these were

considerable we know from the lists of temple accounts. These form the

bulk of the earliest documents. From them we learn that each day certain

officials received certain allowances, mostly food and drink. From later

documents we learn that men apparently not connected with the temple had

become lay impropriators of the temple allowances originally intended only

for temple officers.

(M522) The right to receive these was a valuable and negotiable asset.

Thus we read of a right to five days per year in the temple of Nannar,

sixteen days per year in the temple of Bêlit, and eight days in the shrine

of Gula as being the _namḫar_ of Sin-imgurâni and Sin-uzili.(550) This was

confirmed to them by a legal decision in the time of Rîm-Sin. We read also

of a right to act as _šatammu_, for six days per month, in the temple of

Shamash.(551) In later times the _mandidûtu_, or surveyorship, to the

temple of Anu, Ib, and Bêlit-êkalli, exercised in the temple, storehouse,

and field, was sold, shared, and pledged.(552) Another such right was

given on condition that it was not sold for money, granted to another,

pledged, nor diminished in any way, and should pass to the possessor’s

daughter on his death.(553) The porter’s post at Bâb Salimu was given as a

pledge. Shares in these incomes were regularly traded in, sold, and

pledged.

(M523) The position of a priest, or other official, carried with it an

endowment. On this point the Code is very explicit for the cases of the

_ridû ṣâbê_ and the _bâ’iru_, officials charged with the collection of

local quotas for the army and public works. They were recruiting

sergeants, press-gang officers, and post-office officials. The office was

endowed by royal grant. They were liable to be called on in the discharge

of their duties to make lengthy journeys and be absent from home for a

length of time, even years. In their absence, their duties could be

delegated to a son, if old enough, otherwise a substitute was put in. They

could claim reinstatement within a certain time. But their endowment was

inalienable from the office and could not be treated as private property.

(M524) Quite similarly the great state officials in Assyria had endowments

which were not personal, but went with the office. Thus we learn from the

Ḥarran census that certain lands paid rent or crops to certain offices.

(M525) In later times the rights to income are very prominent, perhaps

solely in virtue of the class of documents which has reached us.

Occasionally we are able to learn exactly what they were. For example, the

surveyor for the temple of Anu had a right to two _GUR_ of corn, two _GUR_

of dates, fifty _ḲA_ of wheat, six _ḲA_ of sesame, on every eighteen _ḲA_

of land. When the corn and dates were harvested, on one _GUR_, six _ḲA_

were levied.

(M526) It is not clear that a temple had any direct duties to the state.

Peiser thinks that they collected dues for the state. Certainly they had

attached to them the king’s storehouses. Certain amounts were paid in for

certain state officials. In the Code of Ḥammurabi we see that a temple

might be called upon to ransom a member of the town who had been taken

captive.

(M527) In certain circumstances the king’s officials might borrow of the

temples.(554) Thus Nikkal-iddina borrowed of the temple of Bêlit of Akkad

a vessel of silver, weight fifteen minas, when the Elamites invaded the

land.

(M528) Some kings laid hands on the treasures of the temple for their own

use. Doubtless this was done under bond to repay. The cases in which we

read of such practices are always represented as a wrong. When

Shamash-shûm-ukîn sent the bribes to the King of Elam, Ummanigash, he

spoiled the treasuries of Merodach at Babylon, of Nabû at Borsippa, and of

Nêrgal at Cutha, and this was reckoned one of his evil deeds, which led to

his downfall. But if he had been successful and had repaid his forced

loans, doubtless it would have been excused, and his memory would have

been blessed.

(M529) Much confusion is introduced by the fact that we do not know when a

temple official acts in his own private capacity and when on behalf of the

temple. The deeds, which do not expressly state that the money or property

belongs to the god, or the temple, may often be only concerned with

private transactions, but were preserved in the temple archives on account

of the official position of the parties. But there are plenty of cases,

where no doubt exists, to justify us in regarding the temple as acting in

all the capacities of a private individual, or a firm of traders.

XXI. Donations And Bequests

(M530) Alienation of property might be complete or partial. Of complete

alienation we may instance donation, sale, exchange, dedication,

testament. The latter was rarely complete in Babylonia. Examples of

partial alienation are loan, lease, pledge, deposit.

(M531) We may note as a common mark of all these transactions the care

taken to fix and define ownership. The transfer is “from” A to B. In early

times the property is usually first stated to belong to A. Then he is

often said in Assyrian times to be the _bêlu_ of it, its full and

legitimate owner. The new owner had to be satisfied that A was competent

to part with it. This is often made clearer by saying, in later times,

that no one else has any claim upon it. Hence arise guarantees against

defeasor, redemptor, _et cetera_. This subject of guarantees is most

interesting, though often obscure. The investigation of the varied rights

which were likely to interfere with freedom of transfer is most important.

(M532) In certain cases we shall find a sort of hypothecation of property,

as when it is assigned as security, but not given up. The possession is

not free, but it is not alienated. We have also a _donatio retento

usufructu_, which only gives a reversion of the property. Here also

certain rights may be reserved against the ultimate possessor.

Another interesting point is that property may be credited to a man, and

set off against other liabilities, so that he may never actually be in

possession, but only nominally passing it on to others, and even,

eventually, it may come back to the first owner, who may never part with

it at all.

(M533) Undoubtedly men were at liberty in daily life to make presents one

to another. But the rights of the family were so strong that for the most

part all the property of the parents was jealously regarded as tied to the

children, or other legal heirs. When a man died, his property was divided

according to a rigid law of inheritance. When a woman left her father’s

house to be married, the father gave her the share of his goods which fell

to her, without waiting until his death to divide his substance. In this

case she had nothing further at his death. But the property was not her

husband’s, though he and she shared its use; it was entailed to her

children. If she had none, it went back to her father’s house: to her

brothers, if she had any, or to her father’s other heirs. Unless a man

legally adopted his natural sons, they did not inherit. Hence neither man

nor woman was wholly free to give. But, hedged about with consents and

reservations, donations took place.

(M534) We have a great variety of types of donation, not always easy to

classify, and often obscure, in some details. The common characteristics

are that deeds of gift were duly executed, sealed, and witnessed; and that

the consents of the parties, whose expectations were thus diminished, or

restricted, had to be obtained.

(M535) A daughter might be portioned off for marriage and this involved a

gift, which might be treated as a donation, but rather comes under the

head of marriage-portion, in the chapter on marriage. Precisely the same

portioning took place when the daughter either became a votary or was

dedicated to the service of a god. Such gifts may be included here. They

usually contain a list of property: sharing houses, land, slaves, jewels,

money, clothes, household furniture, even pots of honey or jars of wine.

As a rule, in our present state of knowledge, nothing that could pretend

to be an accurate translation can be given of the items of such a gift,

only a general idea of the nature of the whole. Such a gift, however,

evidently set the lady up in an establishment of her own, with all she

could require for maintenance and comfort for the rest of her life.

(M536) Here these donations split up into separate classes. The recipient

might have only a life interest in her gift, or it might be hers outright.

The latter case could not be presumed. The heirs of her parents, “her

father’s house,” would maintain their claim at her death, unless they had

specially contracted to waive it. Then the clause was inserted that she

might “give her sonship to whomever she pleased,” _ašar eliša tâbum

aplûtsa inadin_.(555) By “sonship” is meant “heirship.” Such cases do not

seem common and are probably to be explained as due to the fact that as a

votary she had no legitimate heir. It is important to note that there is

no hint that, if she died without heirs, the temple would inherit.

(M537) A modified freedom is allowed by a father who gives his daughter

house, land, sheep, slaves, and the like, but limits her power of gift to

her brothers. But among them she may “give it to him who loves and serves

her.”(556) It is assumed that one of her brothers will care for her and

manage her estate and be rewarded by the reversion of it. As a rule, it is

only a life interest which the recipient has.

A different sort of gift is where the donor reserves to himself a use of

the property as long as he lives, or stipulates for a life allowance from

it. These are usually accompanied by formal adoption. The recipient is one

who has not already a claim to inherit, but undertakes the care or

maintenance of the donor. Such gifts are best classed under adoption, even

where the fact of adoption is not stated. When a parent makes an

arrangement of this kind with a son or daughter, these were possibly

adopted by a previous act. At any rate, it seems likely that such a child

was either unmarried or again free to wait upon the donor. But whatever

the actual state of relationships, we find a mother giving property to a

daughter, reserving the use of it as long as she lives.(557) Similarly a

brother undertakes to give one shekel _per annum_ to his brother. Here the

grounds of the undertaking are not stated, but a contract to do this is

duly sealed and witnessed.(558) Further, maintenance is stipulated for,

though the relationship is not stated, nor grounds given. This may not be

based upon a gift, but follow the order of some judge, for other

reasons.(559)

(M538) The husband might settle upon his wife a fixed amount of property.

This was frequently done and was called the _nudunnu_. It might include a

house, two maids, clothes, jewelry, and household furniture.(560) Here the

sons are expressly said to have no claim, she may give it to whoever

serves her and “as her heart desires.” Probably she was a second wife

without children, and is thus secured a life of comfort and the faithful

service of her step-sons. As a rule these gifts are best considered under

the head of marriage, but they were also free gifts on the donor’s part.

The wife in any case had her right to inherit with her step-sons, if her

husband made no such settlement.

(M539) The consent of the legal heirs of the donor to such alienation of

their reversionary rights was needed. Thus in one case, when a man gives

his daughter a house, his son appears as the first witness.(561) A father

and his son give their daughter and sister a house, which she is free to

give to her son, “whom she loves.”(562) Had the house merely come to her

as her share in the usual way, it must have been shared by her sons. If

she had none, then her brother would be the next heir. That she can leave

it as she will must be a matter of legal instrument. The brother must

consent to the exception to the rule.

(M540) In Assyrian times, donation is rarely represented within the group

of documents which have reached us. Here is one case:(563)

The household which Bêl-nâ’id gave to his daughter, Baltêa-abate.

A house in Nineveh, before the great gate of the temple of

Shamash. (Then come the servants, a _šaḳu_ or head man, a

washerman, a _šaknu_, and others, male and female, in all eleven

souls.) Dated the fourteenth of Adar, in the Eponymy of

Marduk-shar-uṣur. Nine witnesses.

This may be donation, or adoption, or even a marriage-portion.

Babylonian and Assyrian Laws, Contracts and Letters · 第 16 / 34 段