Babylonian Law - Leasing

Leasing

Landowners frequently cultivated their land themselves, but could also employ a husbandman, or rent it. The husbandman was bound to carry out proper cultivation, raise an average crop, and leave the field in good tilth. In case the crop failed, the Code fixed a statutory return. Land might be leased at a fixed rent, where the Code stipulates that accidental loss fell on the tenant. If leased on profit-sharing terms, the landlord and tenant shared the loss proportionally to their stipulated share of profit. If the tenant paid his rent and kept the land in good tilth, the landlord could not interfere nor forbid subletting.

Wasteland could be leased for reclamation, the tenant being rent-free for three years and paying a stipulated rent in the fourth year. If the tenant neglected to reclaim the land, the Code stipulated that he must hand it over in good tilth and set a statutory rent. Gardens or plantations were leased in the same ways and under the same conditions; but for date groves, four years' free tenure was allowed.

The metayer system was common, especially on temple lands. The landlord found land, labour, oxen for ploughing and working the watering machines, carting, threshing or other implements, grain seed, rations for the workmen and fodder for the cattle. The tenant, or steward, usually had other land of his own. If he stole the seed, rations or fodder, the Code stipulated that his fingers be cut off. If he appropriated or sold the implements, or impoverished or sublet the cattle, he was heavily fined and in default of payment, might be condemned to be torn to pieces by the cattle on the field. Rent was determined by contract.

Irrigation was essential for farming in this region. If the irrigator neglected to repair his dike or left his runnel open and caused a flood, he had to make good the damage done to his neighbours' crops or be sold with his family to pay the cost. The theft of a watering machine, water-bucket or other agricultural implement was heavily fined.

Houses were usually leased for the year, but also for longer terms, rent being paid in advance, half-yearly. The contract generally specified that the house be in good repair, and the tenant was bound to keep it so. The woodwork, including doors and door frames, was removable, and the tenant might bring and take away his own. The Code stipulated that if the landlord re-entered before the term was up, he must remit a fair proportion of the rent. Land could be leased for the purpose of building houses or other buildings on it, the tenant being rent-free for eight or ten years; after which the building came into the landlord's possession.