Built on one of the mounds marking the site of the Assyrian city of Nineveh. The mosque in the photograph is built over the traditional site of the prophet Jonah’s tomb. The flat- roofed houses of the modern dwellers on the mound can be well seen in the picture.
It is clear from the enactments of the code that disputes were frequent, not only between farmers and landowners, but also between farmers and shepherds. It is certain that the latter, in the attempt to find pasture for the flocks, often allowed their sheep to feed off the farmers’ fields in the spring. This practice the code set itself to prevent by fixing a scale of compensation to be paid by any shepherd who caused his sheep to graze on cultivated land without the owner’s consent. If the offence was committed in the early spring, when the crop was still small, the farmer was to harvest the crop and receive a considerable price in kind as compensation for the shepherd. But if it occurred later on in the spring, when the sheep had been brought in from the meadows and turned into the great common field at the city gate, the offence would less probably be due to accident and the damage to the crop would be greater. In these circumstances the shepherd had to take over the crop and pay the farmer very heavily for his loss.
From a stone slab in the British Museum.
The planting of gardens and orchards was encouraged, and a man was allowed to use a field for this purpose without paying a yearly rent. He might plant it and tend it for four years, and in the fifth year of his tenancy the original owner of the field took half of the garden in payment, while the other half the planter of the garden kept for himself. If a bare patch had been left in the garden it was to be reckoned in the planter’s half. Regulations were framed to ensure the proper carrying out of the planting, for if the tenant neglected to do this during the first four years, he was still liable to plant the plot he had taken without receiving his half, and he had to pay the owner compensation in addition, which varied in amount according to the original condition of the land. If a man hired a garden, the rent he paid to the owner was fixed at two-thirds of its produce. Detailed regulations are also given in the code concerning the hire of cattle and asses, and the compensation to be paid to the owner for the loss or ill-treatment of his beasts. These are framed on the just principle that the hirer was responsible only for damage or loss which he could have reasonably prevented. Thus, if a lion killed a hired ox or ass in the open country, or if an ox was killed by lightning, the loss fell upon the owner and not on the man who hired the beast. But if the hirer killed the ox through carelessness or by beating it unmercifully, or if the beast broke its leg while in his charge, he had to restore another ox to the owner in place of the one he had hired. For lesser damages to the beast the hirer had to pay compensation on a fixed scale. Thus, if the ox had its eye knocked out during the period of its hire, the man who hired it had to pay to the owner half its value; while for a broken horn, the loss of the tail, or a torn muzzle, he paid a quarter of the value of the beast.
Fines were also levied for carelessness in looking after cattle, though in cases of damage or injury, where carelessness could not be proved, the owner of a beast was not held responsible. A bull might go wild at any time and gore a man, however careful and conscientious the owner might be, and in these circumstances the injured man could not bring an action against the owner. But if a bull had already gored a man, and, although it was known to be vicious, the owner had not blunted its horns or shut it up, in the event of its goring and killing a free man, he had to pay half a mana of silver. One-third of a mana was the price paid for a slave who was killed. A landed proprietor who might hire farmers to cultivate his fields inflicted severe fines for acts of dishonesty with regard to the cattle, provender, or seed-corn committed to their charge. If a man stole the provender for the cattle he had to make it good, and he was also liable to the punishment of having his hands cut off. In the event of his being convicted of letting out the oxen for hire, or stealing the seed-corn so that he did not produce a crop, he had to pay very heavy compensation, and, if he could not pay, he was liable to be torn to pieces by the oxen in the field he should have cultivated.
In a dry land like Babylonia, where little rain falls and that in only one season of the year, the irrigation of his fields forms one of the most important duties of the agriculturist. The farmer leads the water to his fields along small irrigation-canals or channels above the level of the soil, their sides being formed of banks of earth. It is clear that similar methods were employed by the early Babylonians. One such channel might supply the fields of several farmers, and it was the duty of each man through whose land the channel flowed to keep its banks on his land in repair. If he omitted to strengthen his bank or dyke, and the water forced a breach and flooded his neighbour’s field, he had to pay compensation in kind for any crop that was ruined; while if he could not pay, he and his goods were sold, and his neighbours, whose fields had been damaged through his carelessness, shared the money.
The land of Babylonian farmers was prepared for irrigation before it was sown by being divided into a number of small square or oblong tracts, each separated from the others by a low bank of earth, the seed being afterwards sown within the small squares or patches. Some of the banks running lengthwise through the field were made into small channels, the ends of which were carried up to the bank of the nearest main irrigation canal. No system of gates or sluices was employed, and when the farmer wished to water one of his fields he simply broke away the bank opposite one of his small channels and let the water flow into it. He would let the water run along this small channel until it reached the part of his land he wished to water. He then blocked the channel with a little earth, at the same time breaking down its bank so that the water flowed over one of the small squares and thoroughly soaked it. When this square was finished he filled up the bank and repeated the process for the next square, and so on until he had watered the necessary portion of the field. When this was finished he returned to the main channel and stopped the flow of the water by blocking up the hole he had made in the dyke. The whole process was, and to-day still is, extremely simple, but it needs care and vigilance, especially in the case of extensive irrigation when water is being carried into several parts of an estate at once. It will be obvious that any carelessness on the part of the irrigator in not shutting off the water in time may lead to extensive damage, not only to his own fields, but to those of his neighbours. In the early Babylonian period, if a farmer left the water running in his channel, and it flooded his neighbour’s field and hurt his crop, he had to pay compensation according to the amount of damage done.