Part XVII

In illustration of the paragraphs in the Code of Hammurapi dealing with leasing of houses, shops, barns, fields and boats, and the hiring of workmen and of animals, we have a large number of legal documents that throw further light on business practices in ancient Babylonia, and which underwent merely minor modifications in the transfer to Assyria and in the later periods of the Babylonian history, down through the time of Persian and Greek supremacy.

The rent of houses varies naturally according to size and location, from two-thirds of a shekel to six shekels annually in the documents of the Hammurapi period, which appears to be very low from a modern point of view. We must remember, however, that the private houses were at all times very simple affairs, of one story, built of clay, with a varying number of rooms around a central court. The period of the lease was usually one year, occasionally six months, while in later times the period is two years.

Repairs during occupancy had to be made by the occupant, who is also held responsible for damages. The same applies to ships. The rent was due at the end of the lease, though in most cases a portion was paid at the beginning of the term, amounting to as much as fifty per cent, of the entire rent. The general form of a house lease was as follows: ^[1]

"The house of Ribatum, the priestess of Shamash, Ninshuburnasir, son of Nur-alishu, has rented from Ribatum, the priestess of Shamash, daughter of Ibgatim, for one year. As rent for one year, he is to weigh out three shekels of silver. As part payment of the rent, iy 2 shekels have been received.

On the first day of the month Warakh-shamna ^[2] he moved in. Three festival gifts for Shamash, one piece of meat and 10 Ka of wine he shall furnish. In the presence of Amel-Adad, son of Sin-eribam, and Adad-bani, son of Marim. Month of Warakh-shamna, first day, the year of the goddess Tashmit." ^[3]

"Regarding the outlay for the house which rests on the tenant, if the owner of the house says to the tenant, 'Get out!' he (i.e., the owner) forfeits the outlay, but if the tenant moves out of his own accord, he is responsible for the outlay."

"In the presence of Bur-Adad, son of Bur-Adad, Idinnam-lagamal, Akhushina, son of E-Sharra, month of Warakh-shamma, first day, the year of the goddess Tashmit."

We find this same priestess leasing a shop to a certain Atidum for one year at a rental of 1% shekels of silver to be paid on moving into the house on the 20th of the fifth month, in the third year of Samsu-iluna, corresponding to the year 2077 B.C. ^[4]

As a curious custom we find cases of a builder being paid for the construction of a house by occupying it for a term of years; so in one instance ^[5] eight years in return "for his outlay", which implies that the builder pays the cost. The assumption is of course that the ground belongs to the one who engages the builder. Since the period of occupation is based on the cost of the house, we may conclude that on an average the yearly rent represents 12 Vk per cent, of the total cost, or about half the amount of the average interest on money loaned.

From the other end of Babylonian history in the days of Seleucid rulers (312-65 B.C.) we have a lease with stipulations about repairs. It reads as follows: ^[6]

"A large house of Nana-iddin, son of Tanittum, son of Akliutu, which is in the district of the great park ^[7] in Uruk, which is at the side of the large house of Mushezibitum, daughter .of Ishtarakh-iddin, and alongside the centre of the field, at a yearly rental for the house of four shekels of silver is at the disposal of Anu-uballit, son of Kidin-Anu. Half of the silver at the beginning of the year, the balance of the silver in the middle of the year he shall pay.

The bareness (of the walls) he shall repair, the cracks of the walls he shall close up. The amount for the work, bricks, reeds and beams, as much as he may need, shall be placed to his credit. During the year three 'shugurru ^[8] he shall give. Prom the tenth day of the month of Tammuz of the eighth year of King Seleucus ^[9] that large house is at the disposal of Anu-uballit, son of Kidin-Anu."

The document, witnessed and sealed, bears the date of the fifth day of Tammuz (fourth month), eighth year of King Seleucus, five days therefore before the actual commencement of the lease. The stipulation that'the tenant is to be credited for the expense involved in attending to necessary repairs is probably a special agreement, due possibly to the neglected condition of the house at the time that the lease was signed.

It will be observed, however, that the old form whereby the tenant must undertake the repairs is observed merely that he is to be reimbursed by the deduction of the cost from the rent. The annual rental being only four shekels, one wonders how much was left for the owner after the cost of repairs had been deducted.

The changes in legal procedure wrought through the lapse of ages are all of a minor character. Since the days of the Cassite rulers (c. 1760-1185 B.C.), the reigns of kings were reckoned by years instead of by the cumbersome method of a date for each year according to some event by which it was designated, and which necessitated recourse to lists of dates prepared by the scribes or votaries. The name of the place where the document was drawn up is added.

The tendency also developed to reduce the number of witnesses (though a uniform practice was never introduced), and the word for "witness" was placed before the names instead of the phrase "in the presence of".

In Assyrian legal documents the chief departure from Babylonian models is marked by the reference at the beginning of the document, to the seal or finger-mark of the party who disposes of something or on whom an obligation rests, while for the dating of the years an independent method was followed, each year being named after an official who acted as the eponym ^[10] for that year, the ruling king leading off as the eponym for the first year of his reign, followed by the highest officials and then by those of lower grade.

The method was almost as cumbersome as the older system of Babylonia, and it is only by reference to lists of eponyms for each reign that we can determine the year of a ruler corresponding to the eponym named. ^[11]

Ships were commonly rented for transport of grain, and the return was generally reckoned in an amount of grain, and not in currency. The same was the case in fields which were rented naturally for cultivation, the stipulation being that the rent was to be paid in a percentage of the yield at the time of harvest. A contract of this nature is couched in the following terms : ^[12]

"A field of 9 (?) Gan. a meadow without an exit (t) ^[13] from Melulatum, priestess of Shamash, daughter of Ibkusha, proprietress of the field, (?) Bel-ludari, son of Liwirashum, as a field for cultivation on a return (of the produce) has rented. At the time of harvest the field to its full extent he shall garner and for each Gan 100 Ka of grain, ^[14]according to the standard of Shamash, at the wall of Sippar), ^[15] he shall measure out."

The names of four witnesses and of the scribe are attached to the document, which is dated on the 25th day of the 6th month in the year "when Ammiditana [restored] the power of Mard.uk," that is, the fourth year of the king's reign, corresponding to the year 2010 B.C. ^[16]

Workmen and slaves were hired for short and long periods, from a few days ^[17] up to two years, the wages being either in produce or more commonly in currency. Five shekels a year seems to have been an average price for a workman, though the amount is at times as low as two shekels. The stipulation is frequently added that the laborer is to receive his clothes during his term of service. ^[18] Presumably his board is taken for granted, since as a laborer he belongs to the household.

As a specimen of such a contract we may select one which is interesting because it makes provision for three holydays each month. ^[19]

"Warad-Tashmetum has been hired for two months for team ( ? ) work ^[20] by Sin-ikisham, the keeper of the archive ( f ) in the temple, from Idin-Lagamal, his brother. As his wages, he is to receive for two months 1% shekels. In the month he is to have three days for himself. If he stops his work or goes away, he loses his hire. Before Ilushu-bani, son of Amurra-put-Adad, and Inapalishu, son of Warad-Ishtar.

Month of Airu, ^[21] first day, in the year in which king Ammi-saduka (erected) a golden throne." ^[22]

Similarly, animals were hired, and their value appears to have been rated higher than that of human beings. We have a case ^[23] of an ox hired for draughting for one month at the rate of one shekel, of which one-half, it is stipulated, is to be paid in advance. Flocks of considerable size were hired for a longer period with a return in currency, and also in a share of the offspring and the wool.

The hire passes over by an agreement of this kind into a quasi partnership pact, since in return for a payment for the lease of the flock, the lessee shares with the owner the profit and increase during the period. The partnership agreement was usually quite simple in form, as the following document from the neo-Babylonian period shows: ^[24]

"One mina of silver Itti-Marduk-balatu, son of Nabu-akhe-iddin, son of Egibis ^[25] and Marduk-shapik-zer, son of Nabu-shum-iddin, son of Nadin-sheim have invested in common. Whatever transactions they engage in they share as partners.

Witness: Nabuzer-ikisha, son of Belshunu, son of Epesh-ili, Bel-udakhkhid, son of Shapik-zer, son of the surveyor, and the scribe Marduk-shumiddin, son of Apia, son of Bel-etir.

Babylon, month Warakhshamna, third day, fifth year of Nabonnedos, king of Babylon."

Partnerships could also take the form of an investment in common of a sum of money and of merchandise which would then be managed for the partners by a third person as agent. ^[26] In that case the agreement is more explicit, as for example, in the following document, likewise from the reign of Nabonnedos. ^[27]

"Five mina of silver and 130 jars of incense belonging to Itti-Marduk-balatu, son of Nabu-akhe-iddin, eon of Bgibi, and Marduk-shapik-zer, son of Nabu-shum-iddin, son of Nadin-sheim, ^[28] due from Kurbat-nabu-sabit (?), agent of Nabu-akhe-iddin and Nabu-din-epush, agent of Marduk-shapik-zer, for current business. Whatever in the city or outside they acquire with it, is to be shared by Itti-Marduk-balatu and Marduk-shapik-zer.

Kurbat-nabu-sabit (?) and Nabu-don-epush while engaged in this commission shall receive from it (i.e., from the sum entrusted to them) food and clothing, ^[29] besides the use of the house at their disposal."

During the continuance of partnership, debts contracted by one party entailed responsibility for the other. Partnerships were dissolved either naturally by the death of one partner or by mutual consent. The partners go before the tribunal to render an account, swear an oath that everything has been divided fairly and equally, and are then formally released from further obligations towards one another.

It is interesting to compare two forms of such documents, one from the days of Hammurapi and one from the days of Nebuchadnezzar II. at the other end of Babylonian history, to see the substantial continuity of legal procedure, and at the same time note certain modifications in terms and phrases.

The former reads: ^[30]

"After Erib-Sin and Nur-Shamash had formed a partnership, they went to the temple of Shamash and rendered an account. The currency, male and female slaves, everything outstanding, outside and within the city, they divided equally. After they had concluded this (settlement) of silver, male and female slaves, everything, outside and within the city, from straw to gold, ^[31] neither shall have a claim against the other. In the name of Shamash, A, Marduk and Hammurapi they swore."

The names of seventeen witnesses are attached to this document but no specific date.

The document of the later period reads: ^[32]

"Business agreement (?) of Nabu-kin-apal and Nabu-bel-shunu, his son, and of Shula, son of Zer-ukin, son of Mushezib-bel, the skutapi official, under which they carried on business from the eighth year of Nabopolassar, King of Babylonia, ^[33] to the eighteenth year of Nebuchadnezzar, King of Babylonia. They have rendered an account of their transactions before the judges.

Fifty shekels of silver are still due from Nabu-bel-shunu and Nabu-kiu-apal, his father There will be no revocation or further claim among them. (The partnership) is dissolved, each one will go his own way. In the name of the people (?) and of the gods, each one has sworn. Their account with one another has been settled.

The former documents in their names have been destroyed."

Footnotes and references:

[1]:

Ranke, Babylonian Legal and Business Documents from the time of the first Dynasty of Babylon (Philadelphia, 1906), No. 35 and 36 two copies of the tablet with slight variants.

[2]:

Eighth month. The duplicate has tiru which appears to be a variant name for the month.

[3]:

41st year of Hammurapi, corresponding to 2083 B.Q.

[4]:

Ranke I.e., No. 51 (case tablet).

[5]:

Meissner, Beitrdge zum altbabylonischen Privatrecht, No. 66.

[6]:

Clay, Legal Documents from Erech, dated in the Seleucid Era (New York, 1913), No. 1.

[7]:

A public park (?).

[8]:

Perhaps festival gifts.

[9]:

That is, Seleucus I. whose eighth year corresponds to 304 B.C.

[10]:

The Assyrian term is limu.

[11]:

See lists of such eponyms, in Schrader, Keilinschriftliche Bibliothek, I, pp. 204-215, some having merely the names of the eponyms, others the name with brief reference to some important event in that year. These lists, however, are very incomplete, covering only the 9th and 8th centuries.

[12]:

Cun. Texts, xxxiii, PI. 33.

[13]:

The reference is perhaps to the lack of an irrigating canal leading into the field

[14]:

About 40 litres.

[15]:

A term for the tribunal of Sippar, which had its seat at the wall of the city. See above, p. 332, note 95.

[16]:

The seals of Bel-ludari and of three of the witnesses are rolled over the tablet.

[17]:

Ten days in one instance for harvesting. (Meissner, I.e., No. 57).

[18]:

We have, however, a case in which it is expressly stipulated that he is to provide his own clothes (Cun. Texts, vi, PI. 40a).

[19]:

Vorderas. Schriftdenkmaler, Heft vii, No. 83.

[20]:

shi-bi-ir sa-ma-di, cf . Cun. Texts, xxxiii, PI. 32, obv. 5.

[21]:

Second month.

[22]:

Eighth year, corresponding to c. 1969 B.C.

[23]:

Vorderas. Schriftdenkmaler, Heft vii, No. 92.

[24]:

Strassmaier, Ndbonidus Inschriften (Leipzig, 1889), No. 199.

[25]:

In the neo-Babylonian and later periods, the line of descent is carried further than the mention of the father. The third member is not necessarily the grandfather, but corresponds rather to our family name. See above, p. 339. Warakhshamena is the 8th month.

[26]:

In Strassmaier, nabonidus inschriften, No. 652, the agent is a woman.

[27]:

Strassmaier, I.e., No. 572 (llth year of king = 544 B.C.).

[28]:

The same two partners as above.

[29]:

That is, their expenses shall be paid.

[30]:

Cun. Texts, ii, PI. 28a

[31]:

A phrase of frequent occurrence to indicate everything of value.

[32]:

Strassmaier, Nabuchodnosor Inschriften (Leipzig, 1889), No. 116. Dated 8th of Shebat (llth month), 18th year of Nebuchadnezzar (586 B.C.).

[33]:

I.e., 617 B.C. The partnership lasted 31 years.