WOMEN IN BABYLONIA.

As the cultivated nations of Antiquity sprang from inferior tribes, it

is only natural that in their social life many of the habits and customs

of prehistorical times survived. Nowhere was this fact more evident than

in the status of women. Everywhere we find a strange mixture of the rude

conceptions of the dim past and promising prospects for a brighter

future. In many places women were still regarded as inferior creatures,

subjected to the will of men and with no rights whatever over their own

persons. We also note that polygamy, barter, rape, slavery and

hierarchical prostitution still flourish in all kinds of forms and

disguises. But at the same time we are surprised to see that among

certain nations the members of the fair sex enjoy already the same

respect and almost a similar amount of rights and liberty, as our women

possess to-day.

Modern archæologists are inclined to recognize those formerly fertile

lands between the Persian Gulf and Asia Minor, and watered by the

Euphrates and Tigris Rivers, as the “Cradle of Civilization,” or the

place, where in misty ages, before history began, the so-called

Sumerians, a Semitic people, first attempted to form themselves into

organized communities. According to the traditions of the Hebrews here

was the original home of the human race, the “Garden of Eden,” and here

was, as is told in Genesis XI, “that men said one to another: ‘Go to,

let us build a city and a tower whose top may reach unto heaven; and let

us make us a name, lest we be scattered abroad upon the face of the

whole earth.’”

This city was called Babylon, and the country =Babylonia=. Wonderful

stories and legends are connected with these two names, but still more

astounding are the revelations unearthed by the pick and shovel of

modern explorers. By their diligent work it has been discovered that the

people, living in this region somewhere about 4,000 to 6,000 years B. C.

were already a highly organized and civilized race, skilled in various

trades and professions, and living in towns of considerable size and

importance. The inhabitants of these cities were by no means awkward in

the fine arts. Most important of all, they had already evolved a very

complete and highly developed system of writing, which in itself must

have taken many centuries to reach the stage at which it was found by

the explorers.

As may be read in the elaborate works of Maspero, Hilprecht and other

explorers, they discovered in the ruins of the principal cities of

Babylonia several ancient libraries and archives containing thousands of

tablets of clay, stone and bronze, covered with inscriptions of

religious, astrological and magical texts, epics, chronicles and

syllabaries. There are also contracts; records of debts; leases of

lands, houses and slaves; deeds of transfer of all kinds of property;

mortgages; documents granting power of attorney; tablets dealing with

bankruptcy and inheritance; in fact, almost every imaginable kind of

deed or contract is found among them.

The most precious relic is the famous Code of Hammurabi, King of

Babylonia. This collection of laws, engraved on stone 2,250 years B. C.

and now preserved in the Louvre, is so elaborate and systematic that it

can hardly have been the first one. Back of it there must have been a

long period of usage and custom. But it is the first great collection of

laws that has come down to us. In 282 sections it regulates almost every

conceivable incident and relationship of life. Not only are the great

crimes dealt with and penalized, but life is regulated down to its most

minute details. There are laws on marriage, breach of promise, divorce,

desertion, concubinage, rights of women, purchase-money of brides,

guardianship of the widow and orphan, adoption of children, etc. Through

these laws we gain full information about the position of women in

ancient Babylonia. Three classes of women are recognized: wives,

concubines, and slaves. From other sources we know that all women of the

higher class were cloistered in the harem and never appeared by the side

of husbands or brothers in public. The harem system, at least for

Western Asia and Europe, most probably originated in Babylonia.

The National Geographic Magazine of February, 1916, gives the text of a

love letter, written several thousand years ago and sent by a young man

to his sweetheart. It reads as follows: “To Bibea, thus says Gimil

Marduk: may the Gods Shamash and Marduk permit thee to live forever for

my sake. I write to inquire concerning thy health. Tell me how thou art.

I went to Babylon, but did not see thee. I was greatly disappointed.

Tell me the reason for thy leaving, that I may be happy. Do come in the

month Marchesvan. Keep well always for my sake.”

In the same place we find the following example of a marriage contract:

“Nabu-nadin-akhi, son of Bel-akbe-iddin, grandson of Ardi-Nergal, spoke

thus to Shum-ukina, son of Mushallimu: ‘Give me thy Ina-Esagila-banat,

the virgin, to wife to Uballitsu-Gula, my son.’ Shum-ukina hearkened

unto him and gave Ina-Esagila-banat, his virgin daughter, to

Uballitsu-Gula, his son. One mina of silver, three female slaves,

Latubashinnu, Inasilli-esabat and Taslimu, besides house furniture, with

Ina-Esagila-banat, his daughter, as a marriage-portion he gave to

Nabu-nadin-akhi. Nanâ-Gishirst, the slave of Shum-ukina, in lien of

two-thirds of a mina of silver, her full price Shum-ukina gave to

Nabu-Nadin-akhi out of the one mina of silver for her marriage-portion.

One-third of a mina, the balance of the one mina, Shum-ukina will give

Nabu-nadin-akhi, and her marriage-portion is paid. Each took a writing

(or contract).”

This document, written on a tablet of clay, is signed by six witnesses

and the scribe.

As Professor Clay explains “it has been the custom with most peoples in

a large part of the ancient as well as the modern Orient to base a

betrothal upon an agreement of the man or his parents to pay a sum of

money to the girl’s father.” In Babylonia this “bride-money,” together

with the gift of the father and other gifts, formed the marriage-portion

which was given to the bride. There were prudential reasons for this

practice. It gave the woman protection against ill-treatment and

infidelity on the part of the husband, as well as against divorce; for

if she returned to her father’s house she took with her the marriage

portion unless she was the offending party. If she died childless, the

marriage-portion was divided among them.

In case the girl’s father rejected the suitor after the contract had

been made, he was required to return double the amount of the bride

price. The betrothals took place usually when the parties were young,

and as a rule the engagements were made by the parents. A marriage

contract was necessary to make a marriage legal. In some cases peculiar

conditions were made, such as the bride’s being required to wait upon

the mother-in-law, or even upon another wife. If it was stipulated that

the man should not take a second wife, the woman could secure a divorce

in case her husband broke the agreement.

Concubinage was indulged in, especially when the wife was childless and

she had not given her husband a slave maid that he might have children.

The law fully determined the status of the concubine and protected her

rights.

At the husband’s death the wife received her marriage-portion and what

was deeded to her during the husband’s life. If he had not given her a

portion of the estate during his life, she received a son’s share and

was permitted to retain her home, but she could marry again. A widow

with young children could only marry with the consent of the judge. An

inventory of the former husband’s property was made and it was intrusted

to the couple for the dead party’s children.

If a man divorced a woman, which he could do by saying to her “Thou art

not my wife!” she received her marriage-portion and went back to her

father’s home. In case there was no dowry, she received one mina of

silver, if the man belonged to the gentry; but only one-third of a mina

if he was a commoner.

For infidelity the woman could divorce her husband and take the

marriage-portion with her. In case of a woman’s infidelity, the husband

could degrade her as a slave; he even could have her drowned or put to

death with the sword. In case of disease, the man could take a second

wife, but was compelled to maintain his invalid wife in his home. If she

preferred to return to her father’s house, she could take the

marriage-portion with her.

[Illustration:

Woman Triumphant: The story of her struggles for freedom, education and political rights. Dedicated to all noble-minded women by an appreciative member of the other sex. · 第 9 / 98 题