5. The Code does not deal with sale, which was a matter of free contract, except to forbid the sale of benefices (§ 35), or to allow sale of estate subject to territorial liability. Sales of all sorts of property, especially estate, are very common in contemporary documents. The prices varied, of course, according to circumstances, and there is nothing remarkable about them, as a rule. But the transfer of ownership appears to have been made by the handing over of a stake or rod. There were certain rights of pre-emption or re- demption on the part of the seller’s family. They could even buy back sold property. In Assyrian times the district governors, city magistrates, captains of the seller’s ‘hundred,’ creditors with a mortgage on the property, had similar rights. The sale is always professedly made outright. No credit was given. The bayer might, however, borrow money to pay, even of the seller, and execute a bond for the debt, or pledge the property back to the seller for it. Slave sales are especially frequent. — The buyer could, however, return his purchase, if disease showed itself in a month (later, 100 days), and female slaves were often bought on trial for one to three days. An undisclosed defect in the slave, or a claim upon him for State service not discharged, might be grounds for de- manding back his price at any time (§§ 278, 279). The seller usually gave a guarantee against these contingencies, as also against vices, like a ten- dency to run away. Inthe case of other purchases, such as houses, stipulations were made that all was in good order,the door and thelock sound, beamsand sills in position, etc., and all breaches made good.
Exchanges were often made, and the balance of
We find
value, if any, paid in money. ‘These were free contracts. ‘The Code refers to the practice (§ 41).
6. Hire is frequent. We have noticed estates and workmen. Houses were often hired. The term was generally for one year, but eight and even ten years are named. The usual stipulations as to sound condition are made. Further, the tenant binds himself to leave the house in good repair, and to vacate it at the end of the lease. Rent, of course, varies much. It is reckoned by the area occupied by the house, from one-third to two shekels per S4R. A SAR of house costs two shekels to build (§ 228). Rent was usually paid in advance, half-yearly. The lost part of the Code dealt with house leases, ordering that if a landlord turned out his tenant before the lease was out he should compensate him; but we do not know to what extent (§ Y). Many other buildings are named as hired, especially granaries.
ix. THE TEMPLE.—It is curious that the Code has so little to say of the temple. It was a very powerful factor in the life of the period. It possessed large estates, from which a constant revenue was derived. ‘These were mostly endow- ments given by former kings, estates held on pay- ment of certain dues. The temples and the ad- ministration of their revenues, herds and flocks, were a source of constant care to the king. Ham- murabi’s letters abound with references to them. There is no need to suppose that he derived any direct benefit from them. He had his own vast estates and property as well. The temples main- tained a very large number of persons, wholly or in part. Many folk had the right of so many days’ service there and the accruing profits. One of the most curious sorts of property consisted in these rights to so many days a year in a temple. The rights were hereditary, and could not be alienated ; but were freely bought and sold, or pledged, subject to the reversions. The Code protects temple pro- perty (§§ 6, 8), putting it on a level with that of the ‘palace.’ The temple had its duties. It was bound to ransom its townsman, when captured in war (§ 32). To it men often went for loans, though at Hammurabi’s time most of the money-lending was in the hands of so-called ‘merchants.’ These seem usually to have been foreigners. Later, most of the money-lending, at any rate when without interest, was done by the temple.
x. JUSTICE.—1. The temple was also the chief scene of justice. Here men went to take their oath, at the gate of the temple or before the censer. The object in dispute was taken there and resigned into the hands of the god, who was held to do judgment and restore it to the rightful owner. The judges were not necessarily priests, nor were they necessarily scribes. But the body of ‘ ancients,’ who usually served as witnesses, and also assessors to the judge, were usually found there. Very little is expressly stated as to the procedure in the law courts. But we know that the pleas were conducted by the parties in person. They had to be put in writing. The judge ‘saw’ them, and, if there was a case, fixed a day for hearing. Then the parties had to bring their witnesses. The judge gave his decision, and it was embodied in an agreement to which both parties consented and swore to observe. This
ocument was drawn up by the scribe and sealed by judge, witnesses, and parties concerned. It seems that.in cases concerning money or goods a single judge might sit; the heavier cases were taken before a bench of judges. The first five sections of the Code deal with the process. The first two sections are peculiarly difficult. It seems that a man might accuse another of plotting his death, perhaps by magic spells; if he could prove this, the offender was put to death (§ 1).