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WOMEN IN BABYLONIA.
ОглавлениеAs 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.
THE MARRIAGE MARKET AT BABYLON
After a painting by Edwin Long.
From several of these engraved tablets it appears, that a woman received the same pay for the same work when she took a man’s place.
To Herodotus, the so-called “Father of History,” we are indebted for some highly interesting notes about the “marriage market of ancient Babylon.” Its site, uncovered in 1913 by the German Oriental Society, was in close neighborhood of the palaces of Nebuchadnezzar and Belshazzar and occupied a rectangle of 100 by 150 feet. Open to the air on all four sides, it was most probably shielded from the sun by rich awnings devised to shelter the daughters of Babylon and bring out their charms. The marble block upon which they stood while being bid for was in the center of the spectators and richly carved with cherubs, who worshiped and protected the “Tree of Life.” Several inscriptions leave no doubt, that this was the actual market of which Herodotus gave the following description: “Once a year the maidens of age to marry in Babylon were collected at the market, while the men stood around them in a circle. Then a herald called up the damsels one by one and offered them for sale. He began with the most beautiful. When she was sold for no small sum he offered for sale the one who came next to her in beauty. All of them were to be sold as wives. The richest of the Babylonians who wished to wed bid against each other for the loveliest maidens, while the humbler wife seekers, who were indifferent about beauty, took the more homely damsels with marriage-portions. For the custom was that when the herald had gone through the whole number of the fair ones he should then call up the ugliest—a cripple if there chanced to be one—and offer her to the men, asking who would agree to take her with the smallest marriage-portion. And the man who offered to take the smallest sum had her assigned to him. The marriage-portions were furnished by the money paid for the beautiful girls, and thus the fairer maidens portioned out the uglier. No one was allowed to give his daughter to the man of his choice, nor might any one carry away the damsel he had purchased without finding bail really and truly to make her his wife. If, however, it was found that they did not agree the money might be paid back. All who liked might come, even from distant villages, and bid for the women.”
Herodotus as well as the Roman Curtius Rufus have written also about the so-called “hierarchical or sacred prostitution,” as it was connected with the service of Mylitta or Belit, the Babylonian goddess of the producing agencies.[1] Her temple was surrounded by a grove, which, like the temple, became the scene of most voluptuous orgies, about which Jeremiah too has given indications in his letter directed to Baruch. (Baruch VI. 42, 43.)
1. About this subject Rev. T. M. Lindsay, Professor of Divinity and Church History, Free Church College, Glasgow, writes in the Encyclopædia Britannica in an essay about Christianity: “All paganism is at bottom a worship of Nature in some form or other, and in all pagan religions the deepest and most awe-inspiring attribute of nature was its power of reproduction. The mystery of birth and becoming was the deepest mystery of Nature; it lay at the root of all thoughtful paganism and appeared in various forms, some of a more innocent, others of a most debasing type. To ancient pagan thinkers, as well as to modern men of science the key to the hidden secret of the origin and preservation of the universe lay in the mystery of sex. Two energies or agents, one an active and generative, the other a feminine, passive, or susceptible one, were everywhere thought to combine for creative purpose, and heaven and earth, sun and moon, day and night, were believed to co-operate to the production of being. Upon some such basis as this rested almost all the polytheistic worship of the old civilization, and to it may be traced back, stage by stage, the separation of divinity into male and female gods, the deification of distinct powers of nature, and the idealization of man’s own faculties, desires, and lusts, where every power of his understanding was embodied as an object of adoration, and every impulse of his will became an incarnation of deity. But in each and every form of polytheism we find the slime-track of the deification of sex; there is not a single one of the ancient religions which has not consecrated by some ceremonial rite even the grossest forms of sensual indulgence, while many of them actually elevated prostitution into a solemn service of religion.”
According to these statements every woman was compelled to visit the temple of Mylitta at least once during her life and give herself over to any stranger, who would throw some money on her lap and with the words: “I appeal to Mylitta!” indicate his desire to possess her. Such an appeal could not be rejected, no matter how small the sum was, as this money was to be offered on the altar of the goddess and thus became sacred.
HEBREW WOMEN DURING THE TIME OF ANTIQUITY.