Essay

Document 1 Code of Hammurabi The early history of Mesopotamia was marked by an on-going struggle for supremacy between city-states and the periodic influx of new peoples, often as invaders. Following the Amorite invasions of the twentieth century B.C., the Babylonian king Hammurabi (1795-1750 B.C.E.) successfully expanded his rule to control other city-states in Mesopotamia and in the process provided rules and laws for new and old subjects alike. Although Hammurabi’s code is one of the earliest surviving sets of laws, these laws built upon earlier Sumerian city codes and upon the traditions and customs of the Amorites. In effect, this code reorganized and amended a long established yet evolving legal system. Significantly the greater part of the code remained in force, even through the later Persian and Greek conquests, which affected private life in Babylonia very little. Many of the laws concern public matters such as the regulation of farming and irrigation, the arrangement of land tenure, leases, and rents, and the control of crime. The code also gives considerable attention to what we would consider the private sphere of the family, particularly marriage contracts, the behavior and treatment of spouses, and familial obligations. See The West, p. 19-21. When Anu the Sublime, king of the gods (Anunaki), and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great among the gods (Igigi), they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid as solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash, and enlighten the land, to further the well-being of mankind. 2. If anyone brings an accusation against a man, and the accused goes to the river and leaps into

the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

3. If anyone brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it is a capital offense charged, be put to death.

4. If he satisfies the elders to impose a fine of grain or money, he shall receive the fine that the action produces.

5. If a judge tries a case, reaches a decision, and presents his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgment.

6. If anyone steals the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.

7. If anyone buys from the son or the slave of another man, without witnesses or a contract, silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if he takes it in charge, he is considered a thief and shall be put to death.

8. If anyone steals cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the court, the thief shall pay thirty-fold; if they belonged to a freed man of the king he shall pay tenfold; if the thief has nothing with which to pay he shall be put to death.

9. If anyone loses an article, and find it in the possession of another: if the person in whose possession the thing is found say "A merchant sold it to me, I paid for it before witnesses," and if the owner of the thing say, "I will bring witnesses who know my property," then shall the purchaser bring the merchant who sold it to him, and the witnesses before whom he bought it, and the owner shall bring witnesses who can identify his property. The judge shall examine their testimony--both of the witnesses before whom the price was paid, and of the witnesses who identify the lost article on oath. The merchant is then proved to be a thief and shall be put to death. The owner of the lost article receives his property, and he who bought it receives the money he paid from the estate of the merchant.

10. If the purchaser does not bring the merchant and the witnesses before whom he bought the article, but its owner bring witnesses who identify it, then the buyer is the thief and shall be put to death, and the owner receives the lost article.

11. If the owner does not bring witnesses to identify the lost article, he is an evil-doer, he has traduced, and shall be put to death.

12. If the witness is not at hand, then shall the judge set a limit, at the expiration of six months. If his witnesses have not appeared within the six months, he is an evil-doer, and shall bear the fine of the pending case.

14. If anyone steals the minor son of another, he shall be put to death. 15. If anyone takes a male or female slave of the court, or a male or female slave of a freedman,

outside the city gates, he shall be put to death. 16. If anyone receives into his house a runaway male or female slave of the court, or of a

freedman, and does not bring it out at the public proclamation of the major domus, the master of the house shall be put to death.

17. If anyone finds runaway male or female slaves in the open country and bring them to their masters, the master of the slaves shall pay him two shekels of silver.

18. If the slave will not give the name of the master, the finder shall bring him to the palace; a further investigation must follow, and the slave shall be returned to his master.

19. If he holds the slaves in his house, and they are caught there, he shall be put to death. 20. If the slave that he caught runs away from him, then shall he swear to the owners of the slave,

and he is free of all blame. 26. If a chieftain [noble] or a man [common soldier], who has been ordered to go upon the king's

highway for war does not go, but hires a mercenary, if he withholds the compensation, then shall this officer or man be put to death, and he who represented him shall take possession of his house.

27. If a chieftain [noble] or man is caught in the misfortune of the king (captured in battle), and if his fields and garden be given to another and he take possession, if he return and reaches his place, his field and garden shall be returned to him, he shall take it over again.

30. If a chieftain [noble] or a man leaves his house, garden, and field and hires it out, and some one else takes possession of his house, garden, and field and uses it for three years: if the first owner return and claims his house, garden, and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it.

31. If he hires it out for one year and then return, the house, garden, and field shall be given back to him, and he shall take it over again.

38. A chieftain, man, or one subject to quit-rent can not assign his tenure of field, house, and garden to his wife or daughter, nor can he assign it for a debt.

39. He may, however, assign a field, garden, or house which he has bought, and holds as property, to his wife or daughter or give it for debt.

45. If a man rents his field for tillage for a fixed rental, and receives the rent of his field, but bad weather come and destroy the harvest, the injury falls upon the tiller of the soil.

46. If he does not receive a fixed rental for his field, but lets it on half or third shares of the harvest, the grain on the field shall be divided proportionately between the tiller and the owner.

48. If anyone owes a debt for a loan, and a storm prostrates the grain, or the harvest fail, or the grain does not grow for lack of water; in that year he need not give his creditor any grain, he washes his debt-tablet in water and pays no rent for this year.

53. If anyone is too lazy to keep his dam in proper condition, and does not so keep it; if then the dam breaks and all the fields are flooded, then shall he in whose dam the break occurred be sold for money, and the money shall replace the corn which he has caused to be ruined.

54. If he is not able to replace the corn, then he and his possessions shall be divided among the farmers whose corn he has flooded.

55. If anyone opens his ditches to water his crop, but is careless, and the water floods the field of his neighbor, then he shall pay his neighbor corn for his loss.

56. If a man lets in the water, and the water overflows the plantation of his neighbor, he shall pay ten gur of corn for every ten gan of land.

57. If a shepherd, without the permission of the owner of the field, and without the knowledge of the owner of the sheep, lets the sheep into a field to graze, then the owner of the field shall harvest his crop, and the shepherd, who had pastured his flock there without permission of the owner of the field, shall pay to the owner twenty gur of corn for every ten gan.

103. If, while on the journey, an enemy takes away from him anything that he had, the broker shall swear by God and be free of obligation.

104. If a merchant gives an agent corn, wool, oil, or any other goods to transport, the agent shall give a receipt for the amount, and compensate the merchant therefore. Then he shall obtain a receipt form the merchant for the money that he gives the merchant.

106. If the agent accepts money from the merchant, but has a quarrel with the merchant (denying the receipt), then shall the merchant swear before God and witnesses that he has given this money to the agent, and the agent shall pay him three times the sum.

107. If the merchant cheats the agent, in that as the latter has returned to him all that had been given him, but the merchant denies the receipt of what had been returned to him, then shall this agent convict the merchant before God and the judges, and if he still denies receiving what the agent had given him shall pay six times the sum to the agent.

108. If a tavern-keeper (feminine) does not accept corn according to gross weight in payment of drink, but takes money, and the price of the drink is less than that of the corn, she shall be convicted and thrown into the water.

110. If a "sister of a god" opens a tavern, or enters a tavern to drink, then shall this woman be burned to death.

117. If anyone fails to meet a claim for debt, and sell himself, his wife, his son, and daughter for money or give them away to forced labor: they shall work for three years in the house of the man who bought them, or the proprietor, and in the fourth year they shall be set free.

118. If he gives a male or female slave away for forced labor, and the merchant sublease them, or sell them for money, no objection can be raised.

119. If anyones fail to meet a claim for debt, and he sell the maid servant who has borne him children, for money, the money which the merchant has paid shall be repaid to him by the owner of the slave and she shall be freed.

127. If anyone "points the finger" (slander) at a sister of a god or the wife of any one, and can not prove it, this man shall be taken before the judges and his brow shall be marked. (by cutting the skin, or perhaps hair.)

128. If a man takes a woman to wife, but has no intercourse with her, this woman is no wife to him.

129. If a man's wife is surprised (in sexual relations) with another man, both shall be tied and thrown into the water, but the husband may pardon his wife and the king his slaves.

130. If a man violates the wife (betrothed or child-wife) of another man, who has never known a man, and still lives in her father's house, and sleeps with her and is surprised, this man shall be put to death, but the wife is blameless.

131. If a man brings a charge against one's wife, but she is not surprised with another man, she must take an oath and then may return to her house.

132. If the "finger is pointed" at a man's wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband.

133. If a man is taken prisoner in war, and there is a sustenance in his house, but his wife leaves house and court, and goes to another house: because this wife did not keep her court, and went to another house, she shall be judicially condemned and thrown into the water.

134. If anyone is captured in war and there is not sustenance in his house, if then his wife goes to another house this woman shall be held blameless.

135. If a man is taken prisoner in war and there is no sustenance in his house and his wife goes to another house and bears children; and if later her husband returns and comes to his home: then this wife shall return to her husband, but the children follow their father.

136. If anyone leaves his house, runs away, and then his wife goes to another house, if then he returns, and wishes to take his wife back: because he fled from his home and ran away, the wife of this runaway shall not return to her husband.

137. If a man wishes to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.

138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go.

139. If there was no purchase price he shall give her one mina of gold as a gift of release. 141. If a man's wife, who lives in his house, wishes to leave it, plunges into debt, tries to ruin her

house, neglects her husband, and is judicially convicted: if her husband offers her release, she may go on her way, and he gives her nothing as a gift of release. If her husband does not wish to release her, and if he takes another wife, she shall remain as servant in her husband's house.

142. If a woman quarrels with her husband, and says: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house.

143. If she is not innocent, but leaves her husband, and ruins her house, neglecting her husband, this woman shall be cast into the water.

144. If a man takes a wife and this woman gives her husband a maid-servant, and she bears him children, but this man wishes to take another wife, this shall not be permitted to him; he shall not take a second wife.

145. If a man takes a wife, and she bears him no children, and he intends to take another wife: if he takes this second wife, and brings her into the house, this second wife shall not be allowed equality with his wife.

146. If a man takes a wife and she give this man a maid-servant as wife and she bear him children, and then this maid assumes equality with the wife: because she has borne him children her master shall not sell her for money, but he may keep her as a slave, reckoning her among the maid-servants.

147. If she has not borne him children, then her mistress may sell her for money.

148. If a man takes a wife, and she be seized by disease, if he then desires to take a second wife he shall not put away his wife, who has been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives.

149. If this woman does not wish to remain in her husband's house, then he shall compensate her for the dowry that she brought with her from her father's house, and she may go.

150. If a man gives his wife a field, garden, and house and a deed therefor, if then after the death of her husband the sons raise no claim, then the mother may bequeath all to one of her sons whom she prefers, and need leave nothing to his brothers.

154. If a man is guilty of incest with his daughter, he shall be driven from the place (exiled). 155. If a man betroth a girl to his son, and his son has intercourse with her, but he (the father)

afterward defiles her, and is surprised [discovered], then he shall be bound and cast into the water (drowned).

157. If anyone is guilty of incest with his mother after his father, both shall be burned. 159. If anyone, who has brought chattels into his father-in-law's house, and has paid the purchase-

money, looks for another wife, and says to his father-in-law: "I do not want your daughter," the girl's father may keep all that he had brought.

160. If a man brings chattels into the house of his father-in-law, and pays the "purchase price" (for his wife): if then the father of the girl says: "I will not give you my daughter," he shall give him back all that he brought with him.

162. If a man marries a woman, and she bear sons to him; if then this woman die, then shall her father have no claim on her dowry; this belongs to her sons.

163. If a man marries a woman and she bears him no sons; if then this woman dies, if the "purchase price" which he had paid into the house of his father-in-law is repaid to him, her husband shall have no claim upon the dowry of this woman; it belongs to her father's house.

168. If a man wishes to put his son out of his house, and declares before the judge: "I want to put my son out," then the judge shall examine into his reasons. If the son is guilty of no great fault, for which he can be rightfully put out, the father shall not put him out.

169. If he is guilty of a grave fault, which should rightfully deprive him of the filial relationship, the father shall forgive him the first time; but if he be guilty of a grave fault a second time the father may deprive his son of all filial relation.

175. If a State slave or the slave of a freed man marries the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of the free.

177. If a widow, whose children are not grown, wishes to enter another house (remarry), she shall not enter it without the knowledge of the judge. If she enters another house the judge shall examine the state of the house of her first husband. Then the house of her first husband shall be entrusted to the second husband and the woman herself as managers. And a record must be made thereof. She shall keep the house in order, bring up the children, and not sell the household utensils. He who buys the utensils of the children of a widow shall lose his money, and the goods shall return to their owners.

188. If an artisan has undertaken to rear a child and teaches him his craft, he cannot be demanded back.

189. If he has not taught him his craft, this adopted son may return to his father's house. 190. If a man does not maintain a child that he has adopted as a son and reared with his other

children, then his adopted son may return to his father's house. 194. If a man gives his child to a nurse and the child die in her hands, but the nurse unbeknown to

the father and mother nurse another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off.

195. If a son strikes his father, his hands shall be hewn off. 196. If a man puts out the eye of another man, his eye shall be put out. 197. If he breaks another man's bone, his bone shall be broken.

198. If he puts out the eye of a freed man, or breaks the bone of a freed man, he shall pay one gold mina.

199. If he puts out the eye of a man's slave, or breaks the bone of a man's slave, he shall pay one- half of its value.

200. If a man knocks out the teeth of his equal, his teeth shall be knocked out. 201. If he knocks out the teeth of a freed man, he shall pay one-third of a gold mina. 202. If anyone strikes the body of a man higher in rank than he, he shall receive sixty blows with

an ox-whip in public. 203. If a free-born man strikes the body of another free-born man or equal rank, he shall pay one

gold mina. 204. If a freed man strikes the body of another freed man, he shall pay ten shekels in money. 205. If the slave of a freed man strikes the body of a freed man, his ear shall be cut off. 206. If during a quarrel one man strikes another and wounds him, then he shall swear, "I did not

injure him wittingly," and pay the physicians. 207. If the man dies of his wound, he shall swear similarly, and if he (the deceased) was a free-

born man, he shall pay half a mina in money. 209. If a man strikes a free-born woman so that she lose her unborn child, he shall pay ten shekels

for her loss. 210. If the woman dies, his daughter shall be put to death. 211. If a woman of the free class loses her child by a blow, he shall pay five shekels in money. 212. If this woman dies, he shall pay half a mina. Source: The Letters and Inscriptions of Hammurabi, King of Babylonia 3 vols., trans. L.W. King (London: Luzac and Co., 1898-1900).