From the many contract tablets that have been exhumed much fresh light has been thrown upon the social customs of the people in the valleys of the Euphrates and the Tigris. In Babylonia the woman did not suffer greatly before the law from the fact that she was the weaker vessel. Indeed, the scales were held quite evenly as between the sexes. A woman might hold her own property, appear in public, and attend to her own business. Frequently, Assyrian women are depicted upon monuments riding on the highways upon mules. Woman might even hold office and plead in a court of justice--so far did Babylonia anticipate the progress of modern Western ideas. Agreements have been discovered upon tablets by which it was covenanted between a man and his wife that should the husband marry another during the lifetime of the first wife, all the dowry of the first shall be returned to her and she shall be allowed to go where she pleases. The law concerning divorce, however, would seem to lack that fairness which characterizes many other regulations of social life. A man might divorce his wife by the payment of a pecuniary consideration; but if a woman undertook the initiative in annulling the marriage contract, she might be condemned to death by drowning.
In the formula for the exorcism used by the priests to break the spell the gods had sent upon one possessed or sick, we discover that despising the mother was regarded as being as culpable as dishonoring the father. "Has he perchance set his parents or relations at variance, sinned against God, despised father or mother, lied, cheated, dishonored his neighbor's wife, shed his neighbor's blood, etc. Indeed, an ancient law, which is thought to go back even to Accadian precedents, even gives to the woman, if she be a mother, greater honor than to the man for it is prescribed that if a son denies his father he is to be fined; if he denies his mother, he is to be banished."
It must be said, however, that the social freedom of the women depended much upon their social rank. The women of the lower walks of life were singularly independent for an Oriental community. Indeed, their liberty was practically unrestricted. They could be seen upon the public highways, with both head and face uncovered. They could make their purchases at the market place, attend to any business that they might find necessary, and visit the homes of their friends without restraint. While all women, whatever might be their rank, had the same standing before the laws of the land, unbending custom kept women of the highest plane of social life within the seclusion of the home. Even when allowed the privilege of being seen in public, they must go attended by eunuchs or pages, so that both seeing and being seen were difficult processes. Of course, in the highest lady of the land, the queen, was found the culmination of dignity and exclusiveness, and she was rarely seen by anyone except her husband, members of the royal family, and her servants. Thus rank, instead of giving freedom and enlarged powers, tended only to bring monotony and seclusion.
The women of the lower classes usually went with bare feet, as well as bare heads. With their long shaggy garments they did not present a very picturesque or attractive appearance. The truth is, the costumes of the people of Babylonia and Assyria were wanting in that grace and beauty which is discoverable among some other people of the Orient. The garments lacked that lightness of effect which flowing robes and drapery make possible. The designs and materials were stiff, and with the profusion of borders and fringes presented a heavy aspect. The women did not choose so to dress as to show their natural figure, but by concealing themselves in heavy and sometimes padded garments, their forms were far from beautiful, and contrast most unfavorably with the Greek and Egyptian grace of womanly dress and carriage. The women as well as the men used much embroidery, which was generally very heavy and often elaborate. Some of the designs were highly ornate and beautiful.
Of the education of women in Babylonia and Assyria little definite is known, except that it was common for women as well as men to read and write. Exercises and translations of school children have been exhumed from the mounds of ancient Babylonian cities. Dolls and other playthings of the children have also been brought to light, showing that the children of all ages have much the same tastes and occupations. Music, dancing, embroidery, besides reading and writing, were among the accomplishments of the girls of these lands.
Households were amply equipped religiously, for every home must be provided with some method of keeping itself free from the power of evil spirits. When all believe that the world is peopled with demons who are perpetually trying to ensnare men and bring them to ruin if possible, we might expect that the women would be especially superstitious and punctilious to the last degree in order that all evil spirits may be frightened from their dwellings. Hence, they hung amulets in almost every conceivable place. Talismans, statuettes of the dreaded spirits might be seen in every home. Every charm was used to thwart the enemies of human happiness in their attempt to destroy domestic peace, estrange husband from wife, drive the head of the family from his own roof, and send barrenness and blight in every quarter.
The ancient Babylonians had a queer way of marrying off their daughters, if we may believe Herodotus--which we do not. Not any period in the year might the maiden select as the time to become a matron, but only on one occasion during the year, and that a public festival, was marriage permitted. On this occasion, the daughters of marriageable age were put up at public auction. The crier took his place, while the young men who were looking for wives or the young men's parents who were to pay for them, stood about watching their opportunity to exchange their money for feminine values. It is said that the girls were put up for purchase, according to their beauty--the prettiest first, and so on to the end of the sale. Often the contest of buyers would run high in excitement, and large prices were offered for the coveted prize.
After the good-looking damsels were all sold at fair prices, then came the less attractive maidens, who, we are informed, were not sold, but offered as wives with a dowry, the proceeds of the beauties being used to add to the value of their less fortunate sisters. When the auction was over, the marriage followed, and the brides accompanied their new-made husbands to their homes. There was no escape from this method of wedlock. The procedure was not optional, but imperative. There was no marriage ring or bracelet to commemorate the event, but each new wife was given a bit of baked clay in the form of an olive. Through this model a hole was pierced so that it might be worn continually about the neck, and upon it were inscribed the names of the parties to the transaction and the date of their marriage. Several of these clay memorials have been found as mute witnesses of the days when girls were put up at the annual sale of wives in the month of Sabat and knocked down to the highest bidder.
Later, however, this custom gave way to one more rational, when marriage came to be considered both "an act of civil law and a rite of domestic worship." It became a contract entered into by two parties. A scribe must be called in to draw up the marriage bond. It is to be properly witnessed and filed away with a public notary for future reference. There is a long period of social evolution between these two methods of conducting marriage. And it is not to be supposed that all trace of bargain and sale have disappeared. Not at all. The following happy effort has been made at reproducing a scene which might have easily occurred between the father of a young man who seeks in marriage the hand of a certain damsel and the father of the girl at the home of the latter.
"'Will you give your daughter Bilitsonnon in marriage to my son Zamamanadin?' The father consents and without further delay the two men arrange the dowry. Both fathers are generous and rich, but they are also men of business habits. One begins by asking too much, the other replies by offering too little; it is only after some hours of bargaining that they finally agree and settle upon what each knew from the beginning was a reasonable dowry--a mana of silver, three servants, a trousseau and furniture, with permission for the father to substitute articles of equal value for the cash." There being no further obstacles the marriage is accordingly fixed for a day of the next week.