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):

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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.
16: If a seignior has harbored in his house either a fugitive male or female slave belonging to the state or to a private citizen and has not brought him forth at the summons of the police, that householder shall be put to death.
17: If a seignior caught a fugitive male or female slave in the open and has taken him to his owner, the owner of the slave shall pay him two shekels of silver.
18: If that slave will not name his owner, he shall take him to the palace in order that his record may be investigated, and they shall return him to his owner.

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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.
54: If he is not able to make good the grain, they shall sell him and his goods, and the farmers whose grain the water carried off shall divide (the proceeds).

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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.
109: If outlaws have congregated in the establishment of a woman wine seller and she has not arrested those outlaws and did not take them to the palace, that wine seller shall be put to death.
110: If a heirodule, a nun, who is not living in a convent, has opened (the door of) a wineshop or has entered a wineshop for a drink, they shall burn that woman.

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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.

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128: If a seignior acquired a wife, but did not draw up the contracts for her, that woman is no wife.
129: If the wife of a seignior has been caught while lying with another man, they shall bind them and throw them into the water. If the husband of the woman wishes to spare his wife, then the king in turn may spare his subject.
130: If a seignior bound the (betrothed) wife of a(nother) seignior, who had had no intercourse with a male and was still living in her father’s house, and he has lain in her bosom and they have caught him, that seignior shall be put to death, while that woman shall go free.
131: If a seignior’s wife was accused by her husband, but she was not caught while lying with another man, she shall make affirmation by god and return to her house.

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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].
133a: If that woman did not take care of her person, but has entered the house of another, they shall prove it against that woman and throw her into the water.
134: If the seignior was taken captive and there was not sufficient to live on in his house, his wife may enter the house of another, with that woman incurring no blame at all.

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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.

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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.
143: If she was not careful, but was a gadabout, thus neglecting her house (and) humiliating her husband, they shall throw that woman into the water.

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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.

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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.

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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.

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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.

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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.

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196: If a seignior has destroyed the eye of a member of the aristocracy, they shall destroy his eye.
197: If he has broken a(nother) seignior’s bone, they shall break his bone.
198: If he has destroyed the eye of a commoner or broken the bone of a commoner, he shall pay one mina of silver.
199: If he has destroyed the eye of a seignior’s slave or broken the bone of a seignior’s slave, he shall pay one-half his value.

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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.
203: If a member of the aristocracy has struck the cheek of a(nother) member of the aristocracy who is of the same rank as himself, he shall pay one mina of silver.
204: If a commoner has struck the cheek of a(nother) commoner, he shall pay ten shekels of silver.
205: If a seignior’s slave has struck the cheek of a member of the aristocracy, they shall cut off his ear.

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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.
210: If that woman has died, they shall put his daughter to death.
211: If by a blow he has caused a commoner’s daughter to have a miscarriage, he shall pay five shekels of silver.
212: If that woman has died, he shall pay one-half mina of silver.

1A rough translation of the Akkadian word awelum, seignior can be taken to mean any legally free man.


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