"The Code Of Hammurabi" - читать интересную книгу автора (Johns Rev Claude Hermann Walter)

its estates, from tithes and other fixed dues, as well as from the
sacrifices (a customary share) and other offerings of the faithful,
vast amounts of all sorts of naturalia; besides money and permanent
gifts. The larger temples had many officials and servants. Originally,
perhaps, each town clustered round one temple, and each head of a
family had a right to minister there and share its receipts. As the
city grew, the right to so many days a year at one or other shrine (or
its "gate") descended in certain families and became a species of
property which could be pledged, rented or shared within the family,
but not alienated. In spite of all these demands, however, the temples
became great granaries and store-houses; as they also were the city
archives. The temple held its responsibilities. If a citizen was
captured by the enemy and could not ransom himself the temple of his
city must do so. To the temple came the poor farmer to borrow seed
corn or supplies for harvesters, &c.--advances which he repaid without
interest. The king's power over the temple was not proprietary but
administrative. He might borrow from it but repaid like other
borrowers. The tithe seems to have been the composition for the rent
due to the god for his land. It is not clear that all lands paid
tithe, perhaps only such as once had a special connexion with the
temple.
The Code deals with a class of persons devoted to the service of a
god, as vestals or hierodules. The vestals were vowed to chastity,
lived together in a great nunnery, were forbidden to open or enter a
tavern, and together with other votaries had many privileges.
The Code recognizes many ways of disposing of property--sale,
lease, barter, gift, dedication, deposit, loan, pledge, all of which
were matters of contract. Sale was the delivery of the purchase (in
the case of real estate symbolized by a staff, a key, or deed of
conveyance) in return for the purchase money, receipts being given for
both. Credit, if given, was treated as a debt, and secured as a loan
by the seller to be repaid by the buyer, fr which he gave a bond.
The Code admits no claim unsubstantiated by documents or the oath of
witnesses. A buyer had to convince himself of the seller's title. If
he bought (or received on deposit) from a minor or a slave without
power of attorney, he would be executed as a thief. If the goods
were stolen and the rightful owner reclaimed them, he had to prove his
purchase by producing the seller and the deed of sale or witnesses
to it. Otherwise he would be adjudged a thief and die. If he proved
his purchase, he had to give up the property but had his remedy
against the seller or, if he had died, could reclaim five-fold from
his estate. A man who bought a slave abroad, might find that he had
been stolen or captured from Babylonia, and he had to restore him to
his former owner without profit. If he bought property belonging to
a feudal holding, or to a ward in chancery, he had to return it and
forfeit what he gave for it as well. He could repudiate the purchase
of a slave attacked by the bennu sickness within the month (later, a
hundred days), and had a female slave three days on approval. A defect
of title or undisclosed liability would invalidate the sale at any
time.