V. THE MORALS OF BABYLON
Religion divorced from morals—Sacred prostitution—Free love—Marriage—Adultery—Divorce—The position of woman—The relaxation of morals
This religion, with all its failings, probably helped to prod the common Babylonian into some measure of decency and civic docility, else we should be hard put to explain the generosity of the kings to the priests. Apparently, however, it had no influence upon the morals of the upper classes in the later centuries, for (in the eyes and words of her prejudiced enemies) the “whore of Babylon” was a “sink of iniquity,” and a scandalous example of luxurious laxity to all the ancient world. Even Alexander, who was not above dying of drinking, was shocked by the morals of Babylon.101
The most striking feature of Babylonian life, to an alien observer, was the custom known to us chiefly from a famous page in Herodotus:
Every native woman is obliged, once in her life, to sit in the temple of Venus, and have intercourse with some stranger. And many disdaining to mix with the rest, being proud on account of their wealth, come in covered carriages, and take up their station at the temple with a numerous train of servants attending them. But the far greater part do thus: many sit down in the temple of Venus, wearing a crown of cord round their heads; some are continually coming in, and others are going out. Passages marked oat in a straight line lead in every direction through the women, along which strangers pass and make their choice. When a woman has once seated herself she must not return home till some stranger has thrown a piece of silver into her lap, and lain with her outside the temple. He who throws the silver must say thus: “I beseech the goddess Mylitta to favor thee”; for the Assyrians call Venus Mylitta.* The silver may be ever so small, for she will not reject it, inasmuch as it is not lawful for her to do so, for such silver is accounted sacred. The woman follows the first man that throws, and refuses no one. But when she has had intercourse and has absolved herself from her obligation to the goddess, she returns home; and after that time, however great a sum you may give her you will not gain possession of her. Those that are endowed with beauty and symmetry of shape are soon set free; but the deformed are detained a long time, from inability to satisfy the law, for some wait for a space of three or four years.102
What was the origin of this strange rite? Was it a relic of ancient sexual communism, a concession, by the future bridegroom, of the jus primæ noctis, or right of the first night, to the community as represented by any casual and anonymous citizen?103 Was it due to the bridegroom’s fear of harm from the violation of the tabu against shedding blood?104 Was it a physical preparation for marriage, such as is still practised among some Australian tribes?105 Or was it simply a sacrifice to the goddess—an offering of first fruits?106 We do not know.
Such women, of course, were not prostitutes. But various classes of prostitutes lived within the temple precincts, plied their trade there, and amassed, some of them, great fortunes. Such temple prostitutes were common in western Asia: we find them in Israel,107Phrygia, Phoenicia, Syria, etc.; in Lydia and Cyprus the girls earned their marriage dowries in this way.108 “Sacred prostitution” continued in Babylonia until abolished by Constantine (ca. 325 A.D.).109 Alongside it, in the wine-shops kept by women, secular prostitution flourished.110
In general the Babylonians were allowed considerable premarital experience. It was considered permissible for men and women to form unlicensed unions, “trial marriages,” terminable at the will of either party; but the woman in such cases was obliged to wear an olive—in stone or terra cotta—as a sign that she was a concubine.111 Some tablets indicate that the Babylonians wrote poems, and sang songs, of love; but all that remains of these is an occasional first line, like “My love is a light,” or “My heart is full of merriment and song.”112 One letter, dating from 2100 B.C., is in the tone of Napoleon’s early messages to Josephine: “To Bibiya: . . . May Shamash and Marduk give thee health forever. . . . I have sent (to ask) after thy health; let me know how thou art. I have arrived in Babylon, and see thee not; I am very sad.”113
Legal marriage was arranged by the parents, and was sanctioned by an exchange of gifts obviously descended from marriage by purchase. The suitor presented to the father of the bride a substantial present, but the father was expected to give her a dowry greater in value than the gift,114 so that it was difficult to say who was purchasd, the woman or the man. Sometimes, however, the arrangement was unabashed purchase; Shamashnazir, for example, received ten shekels ($50) as the price of his daughter.115 If we are to believe the Father of History,
those who had marriageable daughters used to bring them once a year to a place where a great number of men gathered round them. A public crier made them stand up and sold them all, one after another. He began with the most beautiful, and having got a large sum for her he put up the second fairest. But he only sold them on condition that the buyers married them. . . . This very wise custom no longer exists.116
Despite these strange practices, Babylonian marriage seems to have been as monogamous and faithful as marriage in Christendom is today. Premarital freedom was followed by the rigid enforcement of marital fidelity. The adulterous wife and her paramour, according to the Code, were drowned, unless the husband, in his mercy, preferred to let his wife off by turning her almost naked into the streets.117 Hammurabi out-Cæsared Cæsar: “If the finger have been pointed at the wife of a man because of another man, and she have not been taken in lying with another man, for her husband’s sake she shall throw herself into the river”118—perhaps the law was intended as a discouragement to gossip. The man could divorce his wife simply by restoring her dowry to her and saying, “Thou art not my wife”; but if she said to him, “Thou art not my husband,” she was to be drowned.119 Childlessness, adultery, incompatibility, or careless management of the household might satisfy the law as ground for granting the man a divorce;120 indeed “if she have not been a careful mistress, have gadded about, have neglected her house, and have belittled her children, they shall throw that woman into the water.”121 As against this incredible severity of the Code, we find that in practice the woman, though she might not divorce her husband, was free to leave him, if she could show cruelty on his part and fidelity on her own; in such cases she could return to her parents, and take her marriage portion with her, along with what other property she might have acquired.122(The women of England did not enjoy these rights till the end of the nineteenth century.) If a woman’s husband was kept from her, through business or war, for any length of time, and had left no means for her maintenance, she might cohabit with another man without legal prejudice to her reunion with her husband on the latter’s return.123
In general the position of woman in Babylonia was lower than in Egypt or Rome, and yet not worse than in classic Greece or medieval Europe. To carry out her many functions—begetting and rearing children, fetching water from the river or the public well, grinding corn cooking, spinning, weaving, cleaning—she had to be free to go about in public very much like the man.124 She could own property, enjoy its income, sell and buy, inherit and bequeath.125 Some women kept shops, and carried on commerce; some even became scribes, indicating that girls as well as boys might receive an education.126 But the Semitic practice of giving almost limitless power to the oldest male of the family won out against any matriarchal tendencies that may have existed in prehistoric Mesopotamia. Among the upper classes—by a custom that led to the purdah of Islam and India—the women were confined to certain quarters of the house; and when they went out they were chaperoned by eunuchs and pages.127 Among the lower classes they were maternity machines, and if they had no dowry they were little more than slaves.128 The worship of Ishtar suggests a certain reverence for woman and motherhood, like the worship of Mary in the Middle Ages; but we get no glimpse of chivalry in Herodotus’ report that the Babylonians, when besieged, “had strangled their wives, to prevent the consumption of their provisions.”129
With some excuse, then, the Egyptians looked down upon the Babylonians as not quite civilized. We miss here the refinement of character and feeling indicated by Egyptian literature and art. When refinement came to Babylon it was in the guise of an effeminate degeneracy: young men dyed and curled their hair, perfumed their flesh, rouged their cheeks, and adorned themselves with necklaces, bangles, ear-rings and pendants. After the Persian Conquest the death of self-respect brought an end of self-restraint; the manners of the courtesan crept into every class; women of good family came to consider it mere courtesy to reveal their charms indiscriminately for the greatest happiness of the greatest number;130 and “every man of the people in his poverty,” if we may credit Herodotus, “prostituted his daughters for money.”131 “There is nothing more extraordinary than the manners of this city,” wrote Quintus Curtius (42 A.D.), “and nowhere are things better arranged with a view to voluptuous pleasures.”132 Morals grew lax when the temples grew rich; and the citizens of Babylon, wedded to delight, bore with equanimity the subjection of their city by the Kassites, the Assyrians, the Persians, and the Greeks.