Part 27 (1/2)

(M659) A warrant against defects in a slave is very common. The seller warrants that if the slave prove to have certain undisclosed defects, vices, or liabilities, which would detract from his value to the buyer, the seller will indemnify the buyer. This indemnification seems to be effected by a return of the purchase-money and accepting the slave back.

But, in some cases, the seller returned part of the purchase-money according to a fixed scale of allowances. In the sale of an estate, the seller guarantees that he will indemnify the buyer in case of any defect of t.i.tle to sell, or any lien upon the estate.

(M660) Very common at all times was a personal guarantee not to dispute the compact entered into. In fact, this may always be said to be a.s.sumed.

The oaths by which parties swore to observe the terms of the compact are a form of this guarantee. The penalties, so prominent in a.s.syrian times, are voluntary undertakings to forfeit stated sums, if found attempting to go behind the contract.

(M661) As the pledge did not always leave the debtor's possession, the creditor only had a lien upon it. Hence the giver of the pledge had to guarantee that no creditor had a previous lien upon it. This is also extremely common. A slave pledged for debt might run away. His labor as the offset against the interest was thus annulled. The borrower then becomes liable for the interest lost to the creditor.(713)

XXV. Wages Of Hired Laborers

(M662) Despite the existence of slaves, who were for the most part domestic servants, there was considerable demand for free labor in ancient Babylonia. This is clear from the large number of contracts relating to hire which have come down to us. The variability of the terms agreed upon is witness for the existence of compet.i.tion. As a rule, the man was hired for the harvest and was free directly after. But there are many examples in which the term of service was different-one month, half a year, or a whole year.

(M663) One might hire labor from the master of a slave, or from the parents of a young man, not yet independent, and then the wages were small, a shekel or two. These wages were paid to the master or parents, not to the laborer himself.

Reapers for the harvest had half a shekel,(714) or two shekels,(715) each.

The first may be the daily wages, the latter the price for a specific job.

It is probable that the _GUR_ of corn for ten days also represents the wages for the whole period.(716)

(M664) Average wages have been estimated by Meissner(717) to be six shekels per year, according to the Code, and some actual examples of contracts. But it was evidently a matter of agreement, for we have rates as low as four shekels and as high as eight. Usually the employer paid down a sum, for example, a shekel, as earnest-money; the rest was paid by a monthly or daily rate, or in a lump sum at the end of the term of service. Occasionally the wages might be paid down at the start, but this was rare and the amount less.

(M665) Very frequently, of course, the wages were paid in corn instead of money. Many difficulties lie in the way of finding an equivalent of the shekel in corn. Harvest labor was probably far dearer than any other, because of its importance, the skill and exertion demanded, and the fact that so many were seeking for it at once. Further, after harvest, when the wages were paid, corn was at its lowest price. Meissner's actual examples show that two hundred and fifty _?A_ might be accepted as yearly wages. We have such a variety of rates that it is difficult to draw any clear conclusion, but two young slaves at harvest could earn three hundred _?A_, and for a whole year the wages might be over six hundred _?A_, or even as much as three _GUR_, or nine hundred _?A_.(718) The Code names ten _?A_ as daily wages. The average value of a _GUR_ of corn was a shekel, hence this gives a yearly rate of twelve shekels. In this case we may suppose that the laborer supported himself.

(M666) The laborer had to be bound to perform his task. A penalty was attached to his failure to appear at the proper time, and guarantees were sometimes taken for his appearance. In other cases it is stipulated that the penalty for non-appearance shall be fixed by the king's decision.(719)

(M667) It was usual to name expressly the time of his commencing and leaving off his work. These clauses are incidentally of importance as fixing the names and sequence of the months at this period. Thus, from the example below we see that the month Tirinu preceded Elul.

(M668) Of course, the employer took all responsibility for the slave whom he hired. He fed and clothed him during his term of service. If he suffered any injury, the employer had to compensate the master.

Occasionally the slave clothed himself,(720) and then his wages were higher.

As an example we may take the following:(721)

Namir-nurshu from Rutum, Rish-Shamash, son of Marduk-na?ir, for wages, for one year, has hired. His wages for one year, twenty-four _?A_ of oil, he shall pay, and he shall clothe him. In Elul he shall enter, in Tirinu he shall leave. Two witnesses.

Dated in the reign of ?ammurabi.

(M669) In the a.s.syrian times we have certain examples of advances of corn, or money, at harvest-time for the payment of reapers, which have already been noticed under loans.(722) An advance of money and food to workmen may perhaps be put here. But it is also a contract to do work. It reads thus:

Shamash-bani-aplu, Latubashani, Ukin-abia, A?u ... in all four workmen. Two talents of bronze, three homers one _E_ of cooked corn. On the tenth of the month they shall do the work. All the repairs and the beams they shall make fast. They shall fix the balks, and set up the roof. If the bricks are not sufficient ...

the month they do not give, they shall work and finish. Then follow seven witnesses. Dated on the sixth of some month, B.C.

734.

Unfortunately, parts of the tablet are injured and so the sense is not at all clear; but the workmen seem to have had four days in which to do the work. The price offered was considerable.