Unit 1: Ancient Near East / Mesopotamians |
The Law Code of Hammurabi |
From The Code of Hammurabi. As reproduced in Ancient Near Eastern Tests Relating to the Old Testament, trans. Theopile J. Meek, ed. James B. Pritchard (Princeton, NJ: Princeton University Press, 1950), 165-175. |
When Marduk commissioned me [Hammurabi] to guide the people aright, to direct the land, I established the law and justice in the language of the land, thereby promoting the welfare of the people. At that time (I decreed):
15: If a seignior1 has helped either a male slave of the
state or a female slave of the state or a male slave of a private citizen or a female slave of
a private citizen to escape through the city-gate, he shall be put to death.
53: If a seignior was too lazy to make [the dike of] his field strong and did not make his
dike strong and a break has opened up in his dike and he has accordingly let the water
ravage the farmland, the seignior in whose dike the break was opened shall make good
the grain that he let get destroyed.
108: If a woman wine seller, instead of receiving grain for the price of a drink, has
received money by the large weight and so has made the value of the drink less than the
value of the grain, they shall prove it against that wine seller and throw her into the
water.
117: If an obligation came due against a seignior and he sold (the services of) his wife,
his son, or his daughter, or he has been bound over to service, they shall work (in) the
house of their purchaser or obligee for three years, with their freedom reestablished in the
fourth year.
128: If a seignior acquired a wife, but did not draw up the contracts for her, that woman
is no wife.
133: If a seignior was taken captive, but there was sufficient to live on in his house, his
wife [shall not leave her house, but she shall take care of her person by not] entering [the
house of another].
138: If a seignior wishes to divorce his wife who did not bear him children, he shall give
her money to the full amount of her marriage-price and he shall also make good to her
the dowry which she brought from her father’s house and then he may divorce her.
142: If a woman so hated her husband that she has declared, “You may not have me,” her
record shall be investigated at her city council, and if she was careful and was not at
fault, even though her husband has been going out and disparaging her greatly, that
woman, without incurring any blame at all, may take her dowry and go off to her father’s
house.
150: If a seignoir, upon presenting a field, orchard, house, or goods to his wife, left a
sealed document with her, her children may not enter a claim against her after (the death
of) her husband, since the mother may give her inheritance to that son of hers whom she
likes, (but) she may not give (it) to an outsider.
153: If a seignior’s wife has brought about the death of her husband because of another
man, they shall impale that woman on stakes.
165: If a seignior, upon presenting a field, orchard, or house to his first-born, who is the
favorite in his eye, wrote a sealed document for him, when the brothers divide after the
father has gone to (his) fate, he shall keep the present which the father gave him, but
otherwise they shall share equally in the goods of the paternal estate.
168: If a seignior, having made up his mind to disinherit his son, has said to the judges, “I
wish to disinherit my son,” the judges shall investigate his record, and if the son did not
incur wrong grave (enough) to cut (him) off from sonship, the father may not cut his son
off from sonship. 175: If either a palace slave or a private citizen’s slave married the daughter of a seignior and she has borne children, the owner of the slave may not lay claim to the children of the seignior’s daughter for service.
196: If a seignior has destroyed the eye of a member of the aristocracy, they shall destroy
his eye.
202: If a seignior has struck the cheek of a seignior who is superior to him, he shall be
beaten sixty (times) with an oxtail whip in the assembly.
209: If a seignior struck a(nother) seignior’s daughter and has caused her to have a
miscarriage, he shall pay ten shekels for her fetus. |
1A rough translation of the Akkadian word awelum, seignior can be taken to mean any legally free man. |
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