clear that the testator had little or no property of his own, and that he was too old, or otherwise incapacitated, to earn anything for himself. It is also clear that the adopted slave, who is described by the milder term gallu, or “servant,” had acquired some wealth, and that this was the motive for his adoption. He, however, deserted and neglected his adopted father after his freedom had been secured to him, and thereby failed to carry out his part of the contract. Iqisa-abla accordingly had the legal right to break it also on his side.
One of the effects of the system of adoption was to give the privileges of Babylonian citizenship to a good many foreigners. The foreign origin of Barachiel, as evidenced by his name, was no obstacle to his claim to be a citizen, and the numerous contracts in which it is certified of a foreign slave that he has never been adopted prove the fact conclusively. A commercial community cannot afford to be exclusive on the ground of race and nationality.
Such, then, was the family system in the Babylonia of the historical period. Polygamy was rare, and the married woman possessed full rights over her property and could employ or bequeath it as she chose. The dowry she brought from her father or other near relation made her practically independent of her husband. Sons and daughters alike were able to inherit, and the possessor of property had the power of making a will. The law seems to have placed but few restrictions upon the way in which he could bestow his wealth. A family could be increased or prevented from dying out by means of adoption, and new blood could thus be introduced into it.
The rights and duties of the individual were fully recognized; it was with him alone that the law had to deal. Nevertheless, a few traces survived of that doctrine of the solidarity of the family which had preceded the development of individual ownership and freedom of action. The bride was given in marriage by her parents, or, failing these, by her nearest male relations, and when an estate was sold which had long been in the possession of a certain family, it was customary for the rest of the family to signify their consent by attending the sale. We may gather, however, that the sale was not invalidated if the consent was not obtained. In the older days of Babylonian history, moreover, it was usual for the property of a deceased citizen to be divided among his heirs without the intervention of a will. It went in the first instance to his widow, and was then divided equally among his children, whether body heirs or adopted ones, the eldest son alone receiving an additional share in return for administering the estate. But disputes frequently arose over the division, and the members of the family went to law with one another. In such cases it became the custom to place the whole of the property in the hands of the priests of the city-temple, who thus corresponded to the English Court of Chancery, and made the division as they judged best. The results, however, were not always satisfactory, and it was doubtless in order to avoid both the litigation and the necessity of appointing executors who were not members of the family, that the will came to play so important a part in the succession to property. In bequeathing his possessions the head of the family was expected to observe the usual rule of division, but it ceased to be obligatory to do so.
Chapter III. Education And Death
One of the lesson-books used in the Babylonian nursery contains the beginning of a story, written in Sumerian and translated into Semitic, which describes the adventures of a foundling who was picked up in the streets and adopted by the King. We are told that he was taken “from the mouth of the dogs and ravens,” and was then brought to the asip or “prophet,” who marked the soles of his feet with his seal. What the precise object of this procedure was it is difficult to say, but the custom is alluded to in the Old Testament (Job xiii. 27). Certain tribes in the south of China still brand the soles of a boy's feet, for the purpose, it is said, of testing his strength and hardihood.
After the operation was performed the boy was handed over to a “nurse,” to whom his “bread, food, shirt, and (other) clothing were assured for three years.” At the same time, we may assume, he received a name. This giving of a name was an important event in the child's life. Like other nations of antiquity the Babylonians conformed the name with the person who bore it; it not only represented him, but in a sense was actually himself. Magical properties were ascribed to the name, and it thus became of importance to know what names were good or bad, lucky or unlucky. An unlucky name brought evil fortune to its possessor, a lucky name secured his success in life. A change of name influenced a man's career; and the same superstitious belief which caused the Cape of Storms to become the Cape of Good Hope not unfrequently occasioned a person's name to be altered among the nations of the ancient East.
The gods themselves were affected by the names they bore. A knowledge of the secret and ineffable name of a deity was the key to a knowledge of his inner essence and attributes, and conferred a power over him upon the fortunate possessor of it. The patron god of the dynasty to which Khammurabi belonged was spoken of as “the Name,” Sumu or Samu, the Shem of the Old Testament; his real title was too sacred to be uttered in speech. The name of a thing was the thing itself, and so too the name of a god or person was the actual god or person to whom it was attached.
A large proportion of Babylonian names includes the name of some divinity. In spite of their length and unwieldiness they tended to increase in number as time went on. In ordinary life, however, they were frequently shortened. In the contract given in the last chapter, the slave Rimanni-Bel is said to have been usually called Rimut, the one name signifying “Love me, O Bel,” the other “Love.” In other instances we find Samas-musezib contracted into Samsiya and Suzub, Kabti-ilâni-Merodach into Kabtiya, Nebo-tabni-uzur into Tabniya. The Belesys of Greek writers is the Babylonian Balasu, which is a shortened form of Merodach-balasu-iqbi, and Baladan, which is given in the Old Testament as the name of the father of Merodach-baladan, has lost the name of the god with which it must originally have begun.
Sometimes a change in the form of the name was due to its being of foreign origin and consequently mispronounced by the Babylonians, who assimilated it to words in their own language. Thus Sargon of Akkad was properly called Sargani, “The Strong One,” or, more fully, Sargani-sar-ali, “Sargani, the King of the City,” but his Sumerian subjects turned this into Sar-gina or Sargon, “The Established King.” The grandson of Khammurabi bore the Canaanitish name of Abesukh, the Abishua of the Israelites, “The Father of Welfare,” but it was transformed by the Babylonians into Ebisum, which in their own dialect meant “The Actor.” Eri-Aku or Arioch was an Elamite name signifying “The Servant of the Moon-god;” the Babylonians changed it into Rim-Sin and perhaps even Rim-Anu, “Love, O Moon-god,” “Love, O Sky-god.”
At other times the name was changed for political or superstitious reasons. When the successful general Pul usurped the throne of Assyria he adopted the name of one of the most famous of the kings of the older dynasty, Tiglath-pileser. His successor, another usurper, called Ululâ, similarly adopted the name of Shalmaneser, another famous king of the earlier dynasty. It is probable that Sargon, who was also a usurper, derived his name from Sargon of Akkad, and that his own name was originally something else. Sennacherib tells us that Esar-haddon had a second name, or surname, by which he was known to his neighbors. In this respect he was like Solomon of Israel, who was also called Jedidiah.
It is doubtful whether circumcision was practised in Babylonia. There is no reference to it in the inscriptions, nor is it mentioned by classical writers as among Babylonian customs. In fact, the words of the Greek historian Herodotus seem to exclude the practice, as the Babylonians are not one of the nations of Western Asia who are said by him to have learnt the rite from the Egyptians. Moreover, Abraham and his family were not circumcised until long after he had left Babylonia and had established himself in Canaan. Africa, rather than Asia, seems to have been the original home of the rite.
If the boy were the son of well-to-do parents he was sent to school at an early age. One of the texts which, in Sumerian days, was written as a head-line in his copy-book declared that “He who would excel in the school of the scribes must rise like the dawn.” Girls also shared in the education given to their brothers. Among the Babylonian letters that have been preserved are some from ladies, and the very fact that women could transact business on their own account implies
