The Code of Hammurabi

The Code of Hammurabi
The Original Version of this Text was Rendered into HTML by Jon Roland of the Constitution Society Converted to PDF by Danny Stone as a Community Service to the Constitution Society
hen Anu the ublime! "ing of the Anuna#i! and $el! the lord of Hea%en and earth! who de&reed the fate of the land! assigned to Mardu#! the o%er'ruling son of (a! )od of righteousness! dominion o%er earthly man! and made him great among the *gigi! they &alled $abylon by his illustrious name! made it great on earth! and founded an e%erlasting #ingdom in it! whose foundations are laid so solidly as those of hea%en and earth+ then Anu and $el &alled by name me! Hammurabi! the exalted ,rin&e! who feared )od! to bring about the rule of righteousness in the land! to destroy the wi&#ed and the e%il'doers+ so that the strong should not harm the wea#+ so that * should rule o%er the bla&#'headed ,eo,le li#e hamash! and enlighten the land! to further the well' being of man#ind-
Hammurabi! the ,rin&e! &alled of $el am *! ma#ing ri&hes and in&rease! enri&hing /i,,ur and 0ur'ilu beyond &om,are! sublime ,atron of ('#ur+ who reestablished (ridu and ,urified the worshi, of (' a,su+ who &on1uered the four 1uarters of the world! made great the name of $abylon! re2oi&ed the heart of Mardu#! his lord who daily ,ays his de%otions in aggil+ the royal s&ion whom in made+ who enri&hed 3r+ the humble! the re%erent! who brings wealth to )ish'shir'gal+ the white #ing! heard of hamash! the mighty! who again laid the foundations of i,,ara+ who &lothed the gra%estones of Mal#at with green+ who made ('
babbar great! whi&h is li#e the hea%ens! the warrior who guarded Larsa and renewed ('babbar! with hamash as his hel,er+ the lord who granted new life to 3ru#! who brought ,lenteous water to its inhabitants! raised the head of ('anna! and ,erfe&ted the beauty of Anu and /ana+ shield of the land! who reunited the s&attered inhabitants of *sin+ who ri&hly endowed ('gal'ma&h+ the ,rote&ting #ing of the &ity! brother of the god 5amama+ who firmly founded the farms of "ish! &rowned ('me'te'ursag with glory! redoubled the great holy treasures of /ana! managed the tem,le of Harsag'#alama+ the gra%e of the enemy! whose hel, brought about the %i&tory+ who in&reased the ,ower of Cuthah+ made all glorious in ('shidlam! the bla&# steer! who gored the enemy+ belo%ed of the god /ebo! who re2oi&ed the inhabitants of $orsi,,a! the ublime+ who is indefatigable for (' 6ida+ the di%ine #ing of the &ity+ the .hite! .ise+ who broadened the fields of 0ilbat! who hea,ed u, the har%ests for 3rash+ the Mighty! the lord to whom &ome s&e,ter and &rown! with whi&h he &lothes himself+ the (le&t of Ma'ma+ who fixed the tem,le bounds of "esh! who made ri&h the holy feasts of /in'tu+ the ,ro%ident! soli&itous! who ,ro%ided food and drin# for Lagash and )irsu! who ,ro%ided large sa&rifi&ial offerings for the tem,le of /ingirsu+ who &a,tured the enemy! the (le&t of the ora&le who fulfilled the ,redi&tion of Hallab! who re2oi&ed the heart of Anunit+ the ,ure ,rin&e! whose ,rayer is a&&e,ted by Adad+ who
satisfied the heart of Adad! the warrior! in "ar#ar! who restored the %essels for worshi, in ('ud'gal' gal+ the #ing who granted life to the &ity of Adab+ the guide of ('ma&h+ the ,rin&ely #ing of the &ity! the irresistible warrior! who granted life to the inhabitants of Mash#anshabri! and brought abundan&e to the tem,le of hidlam+ the .hite! 8otent! who ,enetrated the se&ret &a%e of the bandits! sa%ed the inhabitants of Mal#a from misfortune! and fixed their home fast in wealth+ who established ,ure sa&rifi&ial gifts for (a and 0am'gal'nun'na! who made his #ingdom e%erlastingly great+ the ,rin&ely #ing of the &ity! who sub2e&ted the distri&ts on the 3d'#ib'nun'na Canal to the sway of 0agon! his Creator+ who s,ared the inhabitants of Mera and Tutul+ the sublime ,rin&e! who ma#es the fa&e of /inni shine+ who ,resents holy meals to the di%inity of /in'a'6u! who &ared for its inhabitants in their need! ,ro%ided a ,ortion for them in $abylon in ,ea&e+ the she,herd of the o,,ressed and of the sla%es+ whose deeds find fa%or before Anunit! who ,ro%ided for Anunit in the tem,le of 0umash in the suburb of Agade+ who re&ogni6es the right! who rules by law+ who ga%e ba&# to the &ity of Ashur its ,rote&ting god+ who let the name of *shtar of /ine%eh remain in ('mish'mish+ the ublime! who humbles himself before the great gods+ su&&essor of umula'il+ the mighty son of in'muballit+ the royal s&ion of (ternity+ the mighty monar&h! the sun of $abylon! whose rays
shed light o%er the land of umer and A##ad+ the #ing! obeyed by the four 1uarters of the world+ $elo%ed of /inni! am *.hen Mardu# sent me to rule o%er men! to gi%e the ,rote&tion of right to the land! * did right and righteousness in --- ! and brought about the well' being of the o,,ressed-
CO0( O; LA.
1- *f any one ensnare another! ,utting a ban u,on him! but he &an not ,ro%e it! then he that ensnared him shall be ,ut to death4- *f any one bring an a&&usation against a man! and the a&&used go to the ri%er and lea, into the ri%er! if he sin# in the ri%er his a&&user shall ta#e ,ossession of his house- $ut if the ri%er ,ro%e that the a&&used is not guilty! and he es&a,e unhurt! then he who had brought the a&&usation shall be ,ut to death! while he who lea,ed into the ri%er shall ta#e ,ossession of the house that had belonged to his a&&user7- *f any one bring an a&&usation of any &rime before the elders! and does not ,ro%e what he has &harged! he shall! if it be a &a,ital offense &harged! be ,ut to death9- *f he satisfy the elders to im,ose a fine of grain or money! he shall re&ei%e the fine that the a&tion ,rodu&es:- *f a 2udge try a &ase! rea&h a de&ision! and ,resent his 2udgment in writing+ if later error shall a,,ear in his de&ision! and it be through his own fault! then he shall ,ay twel%e times the fine set by him in the &ase! and he shall be ,ubli&ly remo%ed from the 2udge<s ben&h! and ne%er again shall he sit there to render 2udgement=- *f any one steal the ,ro,erty of a tem,le or of the &ourt! he shall be ,ut to death! and also the one who re&ei%es the stolen thing from him shall be ,ut to death>- *f any one buy from the son or the sla%e of another man! without witnesses or a &ontra&t! sil%er or
gold! a male or female sla%e! an ox or a shee,! an ass or anything! or if he ta#e it in &harge! he is &onsidered a thief and shall be ,ut to death?- *f any one steal &attle or shee,! or an ass! or a ,ig or a goat! if it belong to a god or to the &ourt! the thief shall ,ay thirtyfold therefor+ if they belonged to a freed man of the #ing he shall ,ay tenfold+ if the thief has nothing with whi&h to ,ay he shall be ,ut to death@- *f any one lose an arti&le! and find it in the ,ossession of anotherA if the ,erson in whose ,ossession the thing is found say BA mer&hant sold it to me! * ,aid for it before witnesses!B and if the owner of the thing say! B* will bring witnesses who #now my ,ro,erty!B then shall the ,ur&haser bring the mer&hant who sold it to him! and the witnesses before whom he bought it! and the owner shall bring witnesses who &an identify his ,ro,erty- The 2udge shall examine their testimony C both of the witnesses before whom the ,ri&e was ,aid! and of the witnesses who identify the lost arti&le on oathThe mer&hant is then ,ro%ed to be a thief and shall be ,ut to death- The owner of the lost arti&le re&ei%es his ,ro,erty! and he who bought it re&ei%es the money he ,aid from the estate of the mer&hant1D-*f the ,ur&haser does not bring the mer&hant and the witnesses before whom he bought the arti&le! but its owner bring witnesses who identify it! then the buyer is the thief and shall be ,ut to death! and the owner re&ei%es the lost arti&le11-*f the owner do not bring witnesses to identify the lost arti&le! he is an e%il'doer! he has tradu&ed! and shall be ,ut to death-
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14-*f the witnesses be not at hand! then shall the 2udge set a limit! at the ex,iration of six months- *f his witnesses ha%e not a,,eared within the six months! he is an e%il'doer! and shall bear the fine of the ,ending &ase17-EThere is no 17th Law be&ause! then as now! the number 17 was &onsidered to be unlu&#y-F 19-*f any one steal the minor son of another! he shall be ,ut to death1:-*f any one ta#e a male or female sla%e of the &ourt! or a male or female sla%e of a freed man! outside the &ity gates! he shall be ,ut to death1=-*f any one re&ei%e into his house a runaway male or female sla%e of the &ourt! or of a freedman! and does not bring it out at the ,ubli& ,ro&lamation of the ma2or domus! the master of the house shall be ,ut to death1>-*f any one find runaway male or female sla%es in the o,en &ountry and bring them to their masters! the master of the sla%es shall ,ay him two she#els of sil%er1?-*f the sla%e will not gi%e the name of the master! the finder shall bring him to the ,ala&e+ a further in%estigation must follow! and the sla%e shall be returned to his master1@-*f he hold the sla%es in his house! and they are &aught there! he shall be ,ut to death4D-*f the sla%e that he &aught run away from him! then shall he swear to the owners of the sla%e! and he is free of all blame41-*f any one brea# a hole into a house Gbrea# in to stealH! he shall be ,ut to death before that hole and be buried44-*f any one is &ommitting a robbery and is &aught!
then he shall be ,ut to death47-*f the robber is not &aught! then shall he who was robbed &laim under oath the amount of his loss+ then shall the &ommunity! and --- on whose ground and territory and in whose domain it was &om,ensate him for the goods stolen49-*f ,ersons are stolen! then shall the &ommunity and --- ,ay one mina of sil%er to their relati%es4:-*f fire brea# out in a house! and some one who &omes to ,ut it out &ast his eye u,on the ,ro,erty of the owner of the house! and ta#e the ,ro,erty of the master of the house! he shall be thrown into that self'same fire4=-*f a &hieftain or a man G&ommon soldierH! who has been ordered to go u,on the #ing<s highway for war does not go! but hires a mer&enary! if he withholds the &om,ensation! then shall this offi&er or man be ,ut to death! and he who re,resented him shall ta#e ,ossession of his house4>-*f a &hieftain or man be &aught in the misfortune of the #ing G&a,tured in battleH! and if his fields and garden be gi%en to another and he ta#e ,ossession! if he return and rea&hes his ,la&e! his field and garden shall be returned to him! he shall ta#e it o%er again4?-*f a &hieftain or a man be &aught in the misfortune of a #ing! if his son is able to enter into ,ossession! then the field and garden shall be gi%en to him! he shall ta#e o%er the fee of his father4@-*f his son is still young! and &an not ta#e ,ossession! a third of the field and garden shall be gi%en to his mother! and she shall bring him u,7D-*f a &hieftain or a man lea%e his house! garden! and
field and hires it out! and some one else ta#es ,ossession of his house! garden! and field and uses it for three yearsA if the first owner return and &laims his house! garden! and field! it shall not be gi%en to him! but he who has ta#en ,ossession of it and used it shall &ontinue to use it71-*f he hire it out for one year and then return! the house! garden! and field shall be gi%en ba&# to him! and he shall ta#e it o%er again74-*f a &hieftain or a man is &a,tured on the B.ay of the "ingB Gin warH! and a mer&hant buy him free! and bring him ba&# to his ,la&e+ if he ha%e the means in his house to buy his freedom! he shall buy himself freeA if he ha%e nothing in his house with whi&h to buy himself free! he shall be bought free by the tem,le of his &ommunity+ if there be nothing in the tem,le with whi&h to buy him free! the &ourt shall buy his freedom- His field! garden! and house shall not be gi%en for the ,ur&hase of his freedom77-*f a --- or a --- enter himself as withdrawn from the B.ay of the "ing!B and send a mer&enary as substitute! but withdraw him! then the --- or --- shall be ,ut to death79-*f a --- or a --- harm the ,ro,erty of a &a,tain! in2ure the &a,tain! or ta#e away from the &a,tain a gift ,resented to him by the #ing! then the --- or --- shall be ,ut to death7:-*f any one buy the &attle or shee, whi&h the #ing has gi%en to &hieftains from him! he loses his money7=-The field! garden! and house of a &hieftain! of a man! or of one sub2e&t to 1uit'rent! &an not be sold7>-*f any one buy the field! garden! and house of a
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&hieftain! man! or one sub2e&t to 1uit'rent! his &ontra&t tablet of sale shall be bro#en Gde&lared in%alidH and he loses his money- The field! garden! and house return to their owners7?-A &hieftain! man! or one sub2e&t to 1uit'rent &an not assign his tenure of field! house! and garden to his wife or daughter! nor &an he assign it for a debt7@-He may! howe%er! assign a field! garden! or house whi&h he has bought! and holds as ,ro,erty! to his wife or daughter or gi%e it for debt9D-He may sell field! garden! and house to a mer&hant Groyal agentsH or to any other ,ubli& offi&ial! the buyer holding field! house! and garden for its usufru&t91-*f any one fen&e in the field! garden! and house of a &hieftain! man! or one sub2e&t to 1uit'rent! furnishing the ,alings therefor+ if the &hieftain! man! or one sub2e&t to 1uit'rent return to field! garden! and house! the ,alings whi&h were gi%en to him be&ome his ,ro,erty94-*f any one ta#e o%er a field to till it! and obtain no har%est therefrom! it must be ,ro%ed that he did no wor# on the field! and he must deli%er grain! 2ust as his neighbor raised! to the owner of the field97-*f he do not till the field! but let it lie fallow! he shall gi%e grain li#e his neighbor<s to the owner of the field! and the field whi&h he let lie fallow he must ,low and sow and return to its owner99-*f any one ta#e o%er a waste'lying field to ma#e it arable! but is la6y! and does not ma#e it arable! he shall ,low the fallow field in the fourth year! harrow it and till it! and gi%e it ba&# to its owner! and for ea&h ten gan Ga measure of areaH ten gur of
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grain shall be ,aid9:-*f a man rent his field for tillage for a fixed rental! and re&ei%e the rent of his field! but bad weather &ome and destroy the har%est! the in2ury falls u,on the tiller of the soil9=-*f he do not re&ei%e a fixed rental for his field! but lets it on half or third shares of the har%est! the grain on the field shall be di%ided ,ro,ortionately between the tiller and the owner9>-*f the tiller! be&ause he did not su&&eed in the first year! has had the soil tilled by others! the owner may raise no ob2e&tion+ the field has been &ulti%ated and he re&ei%es the har%est a&&ording to agreement9?-*f any one owe a debt for a loan! and a storm ,rostrates the grain! or the har%est fail! or the grain does not grow for la&# of water+ in that year he need not gi%e his &reditor any grain! he washes his debt'tablet in water and ,ays no rent for this year9@-*f any one ta#e money from a mer&hant! and gi%e the mer&hant a field tillable for &orn or sesame and order him to ,lant &orn or sesame in the field! and to har%est the &ro,+ if the &ulti%ator ,lant &orn or sesame in the field! at the har%est the &orn or sesame that is in the field shall belong to the owner of the field and he shall ,ay &orn as rent! for the money he re&ei%ed from the mer&hant! and the li%elihood of the &ulti%ator shall he gi%e to the mer&hant:D-*f he gi%e a &ulti%ated &orn'field or a &ulti%ated sesame'field! the &orn or sesame in the field shall belong to the owner of the field! and he shall return the money to the mer&hant as rent:1-*f he ha%e no money to re,ay! then he shall ,ay in
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&orn or sesame in ,la&e of the money as rent for what he re&ei%ed from the mer&hant! a&&ording to the royal tariff:4-*f the &ulti%ator do not ,lant &orn or sesame in the field! the debtor<s &ontra&t is not wea#ened:7-*f any one be too la6y to #ee, his dam in ,ro,er &ondition! and does not so #ee, it+ if then the dam brea# and all the fields be flooded! then shall he in whose dam the brea# o&&urred be sold for money! and the money shall re,la&e the &orn whi&h he has &aused to be ruined:9-*f he be not able to re,la&e the &orn! then he and his ,ossessions shall be di%ided among the farmers whose &orn he has flooded::-*f any one o,en his dit&hes to water his &ro,! but is &areless! and the water flood the field of his neighbor! then he shall ,ay his neighbor &orn for his loss:=-*f a man let in the water! and the water o%erflow the ,lantation of his neighbor! he shall ,ay ten gur of &orn for e%ery ten gan of land:>-*f a she,herd! without the ,ermission of the owner of the field! and without the #nowledge of the owner of the shee,! lets the shee, into a field to gra6e! then the owner of the field shall har%est his &ro,! and the she,herd! who had ,astured his flo&# there without ,ermission of the owner of the field! shall ,ay to the owner twenty gur of &orn for e%ery ten gan:?-*f after the flo&#s ha%e left the ,asture and been shut u, in the &ommon fold at the &ity gate! any she,herd let them into a field and they gra6e there! this she,herd shall ta#e ,ossession of the field whi&h he has allowed to be gra6ed on! and at the
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har%est he must ,ay sixty gur of &orn for e%ery ten gan:@-*f any man! without the #nowledge of the owner of a garden! fell a tree in a garden he shall ,ay half a mina in money=D-*f any one gi%e o%er a field to a gardener! for him to ,lant it as a garden! if he wor# at it! and &are for it for four years! in the fifth year the owner and the gardener shall di%ide it! the owner ta#ing his ,art in &harge=1-*f the gardener has not &om,leted the ,lanting of the field! lea%ing one ,art unused! this shall be assigned to him as his=4-*f he do not ,lant the field that was gi%en o%er to him as a garden! if it be arable land Gfor &orn or sesameH the gardener shall ,ay the owner the ,rodu&e of the field for the years that he let it lie fallow! a&&ording to the ,rodu&t of neighboring fields! ,ut the field in arable &ondition and return it to its owner=7-*f he transform waste land into arable fields and return it to its owner! the latter shall ,ay him for one year ten gur for ten gan=9-*f any one hand o%er his garden to a gardener to wor#! the gardener shall ,ay to its owner two' thirds of the ,rodu&e of the garden! for so long as he has it in ,ossession! and the other third shall he #ee,=:-*f the gardener do not wor# in the garden and the ,rodu&t fall off! the gardener shall ,ay in ,ro,ortion to other neighboring gardens- EHere a ,ortion of the text is missing! a,,arently &om,rising thirty'four ,aragra,hs-F
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1DD- --- interest for the money! as mu&h as he has re&ei%ed! he shall gi%e a note therefor! and on the day! when they settle! ,ay to the mer&hant1D1- *f there are no mer&antile arrangements in the ,la&e whither he went! he shall lea%e the entire amount of money whi&h he re&ei%ed with the bro#er to gi%e to the mer&hant1D4- *f a mer&hant entrust money to an agent Gbro#erH for some in%estment! and the bro#er suffer a loss in the ,la&e to whi&h he goes! he shall ma#e good the &a,ital to the mer&hant1D7- *f! while on the 2ourney! an enemy ta#e away from him anything that he had! the bro#er shall swear by )od and be free of obligation1D9- *f a mer&hant gi%e an agent &orn! wool! oil! or any other goods to trans,ort! the agent shall gi%e a re&ei,t for the amount! and &om,ensate the mer&hant therefor- Then he shall obtain a re&ei,t form the mer&hant for the money that he gi%es the mer&hant1D:- *f the agent is &areless! and does not ta#e a re&ei,t for the money whi&h he ga%e the mer&hant! he &an not &onsider the unre&ei,ted money as his own1D=- *f the agent a&&e,t money from the mer&hant! but ha%e a 1uarrel with the mer&hant Gdenying the re&ei,tH! then shall the mer&hant swear before )od and witnesses that he has gi%en this money to the agent! and the agent shall ,ay him three times the sum1D>- *f the mer&hant &heat the agent! in that as the latter has returned to him all that had been gi%en him! but the mer&hant denies the re&ei,t of what had been returned to him! then shall this agent
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&on%i&t the mer&hant before )od and the 2udges! and if he still deny re&ei%ing what the agent had gi%en him shall ,ay six times the sum to the agent1D?- *f a ta%ern'#ee,er GfeminineH does not a&&e,t &orn a&&ording to gross weight in ,ayment of drin#! but ta#es money! and the ,ri&e of the drin# is less than that of the &orn! she shall be &on%i&ted and thrown into the water1D@- *f &ons,irators meet in the house of a ta%ern' #ee,er! and these &ons,irators are not &a,tured and deli%ered to the &ourt! the ta%ern'#ee,er shall be ,ut to death11D- *f a Bsister of a godB o,en a ta%ern! or enter a ta%ern to drin#! then shall this woman be burned to death111- *f an inn'#ee,er furnish sixty #a of usa#ani'drin# to --- she shall re&ei%e fifty #a of &orn at the har%est114- *f any one be on a 2ourney and entrust sil%er! gold! ,re&ious stones! or any mo%able ,ro,erty to another! and wish to re&o%er it from him+ if the latter do not bring all of the ,ro,erty to the a,,ointed ,la&e! but a,,ro,riate it to his own use! then shall this man! who did not bring the ,ro,erty to hand it o%er! be &on%i&ted! and he shall ,ay fi%efold for all that had been entrusted to him117- *f any one ha%e &onsignment of &orn or money! and he ta#e from the granary or box without the #nowledge of the owner! then shall he who too# &orn without the #nowledge of the owner out of the granary or money out of the box be legally &on%i&ted! and re,ay the &orn he has ta#en- And
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he shall lose whate%er &ommission was ,aid to him! or due him119- *f a man ha%e no &laim on another for &orn and money! and try to demand it by for&e! he shall ,ay one'third of a mina of sil%er in e%ery &ase11:- *f any one ha%e a &laim for &orn or money u,on another and im,rison him+ if the ,risoner die in ,rison a natural death! the &ase shall go no further11=- *f the ,risoner die in ,rison from blows or maltreatment! the master of the ,risoner shall &on%i&t the mer&hant before the 2udge- *f he was a free'born man! the son of the mer&hant shall be ,ut to death+ if it was a sla%e! he shall ,ay one' third of a mina of gold! and all that the master of the ,risoner ga%e he shall forfeit11>- *f any one fail to meet a &laim for debt! and sell himself! his wife! his son! and daughter for money or gi%e them away to for&ed laborA they shall wor# for three years in the house of the man who bought them! or the ,ro,rietor! and in the fourth year they shall be set free11?- *f he gi%e a male or female sla%e away for for&ed labor! and the mer&hant sublease them! or sell them for money! no ob2e&tion &an be raised11@- *f any one fail to meet a &laim for debt! and he sell the maid ser%ant who has borne him &hildren! for money! the money whi&h the mer&hant has ,aid shall be re,aid to him by the owner of the sla%e and she shall be freed14D- *f any one store &orn for safe #ee,ing in another ,erson<s house! and any harm ha,,en to the &orn in storage! or if the owner of the house o,en the granary and ta#e some of the &orn! or if
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es,e&ially he deny that the &orn was stored in his houseA then the owner of the &orn shall &laim his &orn before )od Gon oathH! and the owner of the house shall ,ay its owner for all of the &orn that he too#141- *f any one store &orn in another man<s house he shall ,ay him storage at the rate of one gur for e%ery fi%e #a of &orn ,er year144- *f any one gi%e another sil%er! gold! or anything else to #ee,! he shall show e%erything to some witness! draw u, a &ontra&t! and then hand it o%er for safe #ee,ing147- *f he turn it o%er for safe #ee,ing without witness or &ontra&t! and if he to whom it was gi%en deny it! then he has no legitimate &laim149- *f any one deli%er sil%er! gold! or anything else to another for safe #ee,ing! before a witness! but he deny it! he shall be brought before a 2udge! and all that he has denied he shall ,ay in full14:- *f any one ,la&e his ,ro,erty with another for safe #ee,ing! and there! either through thie%es or robbers! his ,ro,erty and the ,ro,erty of the other man be lost! the owner of the house! through whose negle&t the loss too# ,la&e! shall &om,ensate the owner for all that was gi%en to him in &harge- $ut the owner of the house shall try to follow u, and re&o%er his ,ro,erty! and ta#e it away from the thief14=- *f any one who has not lost his goods state that they ha%e been lost! and ma#e false &laimsA if he &laim his goods and amount of in2ury before )od! e%en though he has not lost them! he shall be fully &om,ensated for all his loss &laimedG*-e-! the oath is all that is needed-H
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14>- *f any one B,oint the fingerB GslanderH at a sister of a god or the wife of any one! and &an not ,ro%e it! this man shall be ta#en before the 2udges and his brow shall be mar#ed- Gby &utting the s#in! or ,erha,s hair-H 14?- *f a man ta#e a woman to wife! but ha%e no inter&ourse with her! this woman is no wife to him14@- *f a man<s wife be sur,rised Gin flagrante deli&toH with another man! both shall be tied and thrown into the water! but the husband may ,ardon his wife and the #ing his sla%es17D- *f a man %iolate the wife Gbetrothed or &hild' wifeH of another man! who has ne%er #nown a man! and still li%es in her father<s house! and slee, with her and be sur,rised! this man shall be ,ut to death! but the wife is blameless171- *f a man bring a &harge against one<s wife! but she is not sur,rised with another man! she must ta#e an oath and then may return to her house174- *f the Bfinger is ,ointedB at a man<s wife about another man! but she is not &aught slee,ing with the other man! she shall 2um, into the ri%er for her husband177- *f a man is ta#en ,risoner in war! and there is a sustenan&e in his house! but his wife lea%e house and &ourt! and go to another houseA be&ause this wife did not #ee, her &ourt! and went to another house! she shall be 2udi&ially &ondemned and thrown into the water179- *f any one be &a,tured in war and there is not sustenan&e in his house! if then his wife go to another house this woman shall be held blameless-
1@
17:- *f a man be ta#en ,risoner in war and there be no sustenan&e in his house and his wife go to another house and bear &hildren+ and if later her husband return and &ome to his homeA then this wife shall return to her husband! but the &hildren follow their father17=- *f any one lea%e his house! run away! and then his wife go to another house! if then he return! and wishes to ta#e his wife ba&#A be&ause he fled from his home and ran away! the wife of this runaway shall not return to her husband17>- *f a man wish to se,arate from a woman who has borne him &hildren! or from his wife who has borne him &hildrenA then he shall gi%e that wife her dowry! and a ,art of the usufru&t of field! garden! and ,ro,erty! so that she &an rear her &hildren- .hen she has brought u, her &hildren! a ,ortion of all that is gi%en to the &hildren! e1ual as that of one son! shall be gi%en to herhe may then marry the man of her heart17?- *f a man wishes to se,arate from his wife who has borne him no &hildren! he shall gi%e her the amount of her ,ur&hase money and the dowry whi&h she brought from her father<s house! and let her go17@- *f there was no ,ur&hase ,ri&e he shall gi%e her one mina of gold as a gift of release19D- *f he be a freed man he shall gi%e her one'third of a mina of gold191- *f a man<s wife! who li%es in his house! wishes to lea%e it! ,lunges into debt! tries to ruin her house! negle&ts her husband! and is 2udi&ially &on%i&tedA if her husband offer her release! she may go on her way! and he gi%es her nothing as a
4D
gift of release- *f her husband does not wish to release her! and if he ta#e another wife! she shall remain as ser%ant in her husband<s house194- *f a woman 1uarrel with her husband! and sayA BIou are not &ongenial to me!B the reasons for her ,re2udi&e must be ,resented- *f she is guiltless! and there is no fault on her ,art! but he lea%es and negle&ts her! then no guilt atta&hes to this woman! she shall ta#e her dowry and go ba&# to her father<s house197- *f she is not inno&ent! but lea%es her husband! and ruins her house! negle&ting her husband! this woman shall be &ast into the water199- *f a man ta#e a wife and this woman gi%e her husband a maid'ser%ant! and she bear him &hildren! but this man wishes to ta#e another wife! this shall not be ,ermitted to him+ he shall not ta#e a se&ond wife19:- *f a man ta#e a wife! and she bear him no &hildren! and he intend to ta#e another wifeA if he ta#e this se&ond wife! and bring her into the house! this se&ond wife shall not be allowed e1uality with his wife19=- *f a man ta#e a wife and she gi%e this man a maid'ser%ant as wife and she bear him &hildren! and then this maid assume e1uality with the wifeA be&ause she has borne him &hildren her master shall not sell her for money! but he may #ee, her as a sla%e! re&#oning her among the maid'ser%ants19>- *f she ha%e not borne him &hildren! then her mistress may sell her for money19?- *f a man ta#e a wife! and she be sei6ed by disease! if he then desire to ta#e a se&ond wife he
41
shall not ,ut away his wife! who has been atta&#ed by disease! but he shall #ee, her in the house whi&h he has built and su,,ort her so long as she li%es19@- *f this woman does not wish to remain in her husband<s house! then he shall &om,ensate her for the dowry that she brought with her from her father<s house! and she may go1:D- *f a man gi%e his wife a field! garden! and house and a deed therefor! if then after the death of her husband the sons raise no &laim! then the mother may be1ueath all to one of her sons whom she ,refers! and need lea%e nothing to his brothers1:1- *f a woman who li%ed in a man<s house made an agreement with her husband! that no &reditor &an arrest her! and has gi%en a do&ument thereforA if that man! before he married that woman! had a debt! the &reditor &an not hold the woman for it$ut if the woman! before she entered the man<s house! had &ontra&ted a debt! her &reditor &an not arrest her husband therefor1:4- *f after the woman had entered the man<s house! both &ontra&ted a debt! both must ,ay the mer&hant1:7- *f the wife of one man on a&&ount of another man has their mates Gher husband and the other man<s wifeH murdered! both of them shall be im,aled1:9- *f a man be guilty of in&est with his daughter! he shall be dri%en from the ,la&e GexiledH1::- *f a man betroth a girl to his son! and his son ha%e inter&ourse with her! but he Gthe fatherH afterward defile her! and be sur,rised! then he shall be bound and &ast into the water
44
GdrownedH1:=- *f a man betroth a girl to his son! but his son has not #nown her! and if then he defile her! he shall ,ay her half a gold mina! and &om,ensate her for all that she brought out of her father<s house- he may marry the man of her heart1:>- *f any one be guilty of in&est with his mother after his father! both shall be burned1:?- *f any one be sur,rised after his father with his &hief wife! who has borne &hildren! he shall be dri%en out of his father<s house1:@- *f any one! who has brought &hattels into his father'in'law<s house! and has ,aid the ,ur&hase' money! loo#s for another wife! and says to his father'in'lawA B* do not want your daughter!B the girl<s father may #ee, all that he had brought1=D- *f a man bring &hattels into the house of his father'in'law! and ,ay the B,ur&hase ,ri&eB Gfor his wifeHA if then the father of the girl sayA B* will not gi%e you my daughter!B he shall gi%e him ba&# all that he brought with him1=1- *f a man bring &hattels into his father'in'law<s house and ,ay the B,ur&hase ,ri&e!B if then his friend slander him! and his father'in'law say to the young husbandA BIou shall not marry my daughter!B the he shall gi%e ba&# to him undiminished all that he had brought with him+ but his wife shall not be married to the friend1=4- *f a man marry a woman! and she bear sons to him+ if then this woman die! then shall her father ha%e no &laim on her dowry+ this belongs to her sons1=7- *f a man marry a woman and she bear him no sons+ if then this woman die! if the B,ur&hase
47
,ri&eB whi&h he had ,aid into the house of his father'in'law is re,aid to him! her husband shall ha%e no &laim u,on the dowry of this woman+ it belongs to her father<s house1=9- *f his father'in'law do not ,ay ba&# to him the amount of the B,ur&hase ,ri&eB he may subtra&t the amount of the B8ur&hase ,ri&eB from the dowry! and then ,ay the remainder to her father<s house1=:- *f a man gi%e to one of his sons whom he ,refers a field! garden! and house! and a deed thereforA if later the father die! and the brothers di%ide the estate! then they shall first gi%e him the ,resent of his father! and he shall a&&e,t it+ and the rest of the ,aternal ,ro,erty shall they di%ide1==- *f a man ta#e wi%es for his son! but ta#e no wife for his minor son! and if then he dieA if the sons di%ide the estate! they shall set aside besides his ,ortion the money for the B,ur&hase ,ri&eB for the minor brother who had ta#en no wife as yet! and se&ure a wife for him1=>- *f a man marry a wife and she bear him &hildrenA if this wife die and he then ta#e another wife and she bear him &hildrenA if then the father die! the sons must not ,artition the estate a&&ording to the mothers! they shall di%ide the dowries of their mothers only in this way+ the ,aternal estate they shall di%ide e1ually with one another1=?- *f a man wish to ,ut his son out of his house! and de&lare before the 2udgeA B* want to ,ut my son out!B then the 2udge shall examine into his reasons- *f the son be guilty of no great fault! for whi&h he &an be rightfully ,ut out! the father shall not ,ut him out-
49
1=@- *f he be guilty of a gra%e fault! whi&h should rightfully de,ri%e him of the filial relationshi,! the father shall forgi%e him the first time+ but if he be guilty of a gra%e fault a se&ond time the father may de,ri%e his son of all filial relation1>D- *f his wife bear sons to a man! or his maid' ser%ant ha%e borne sons! and the father while still li%ing says to the &hildren whom his maid' ser%ant has borneA BMy sons!B and he &ount them with the sons of his wife+ if then the father die! then the sons of the wife and of the maid'ser%ant shall di%ide the ,aternal ,ro,erty in &ommonThe son of the wife is to ,artition and &hoose1>1- *f! howe%er! the father while still li%ing did not say to the sons of the maid'ser%antA BMy sons!B and then the father dies! then the sons of the maid'ser%ant shall not share with the sons of the wife! but the freedom of the maid and her sons shall be granted- The sons of the wife shall ha%e no right to ensla%e the sons of the maid+ the wife shall ta#e her dowry Gfrom her fatherH! and the gift that her husband ga%e her and deeded to her Gse,arate from dowry! or the ,ur&hase'money ,aid her fatherH! and li%e in the home of her husbandA so long as she li%es she shall use it! it shall not be sold for money- .hate%er she lea%es shall belong to her &hildren1>4- *f her husband made her no gift! she shall be &om,ensated for her gift! and she shall re&ei%e a ,ortion from the estate of her husband! e1ual to that of one &hild- *f her sons o,,ress her! to for&e her out of the house! the 2udge shall examine into the matter! and if the sons are at fault the woman shall not lea%e her husband<s house- *f the
4:
woman desire to lea%e the house! she must lea%e to her sons the gift whi&h her husband ga%e her! but she may ta#e the dowry of her father<s houseThen she may marry the man of her heart1>7- *f this woman bear sons to her se&ond husband! in the ,la&e to whi&h she went! and then die! her earlier and later sons shall di%ide the dowry between them1>9- *f she bear no sons to her se&ond husband! the sons of her first husband shall ha%e the dowry1>:- *f a tate sla%e or the sla%e of a freed man marry the daughter of a free man! and &hildren are born! the master of the sla%e shall ha%e no right to ensla%e the &hildren of the free1>=- *f! howe%er! a tate sla%e or the sla%e of a freed man marry a man<s daughter! and after he marries her she bring a dowry from a father<s house! if then they both en2oy it and found a household! and a&&umulate means! if then the sla%e die! then she who was free born may ta#e her dowry! and all that her husband and she had earned+ she shall di%ide them into two ,arts! one'half the master for the sla%e shall ta#e! and the other half shall the free'born woman ta#e for her &hildren*f the free'born woman had no gift she shall ta#e all that her husband and she had earned and di%ide it into two ,arts+ and the master of the sla%e shall ta#e one'half and she shall ta#e the other for her &hildren1>>- *f a widow! whose &hildren are not grown! wishes to enter another house GremarryH! she shall not enter it without the #nowledge of the 2udge- *f she enter another house the 2udge shall examine the state of the house of her first
4=
husband- Then the house of her first husband shall be entrusted to the se&ond husband and the woman herself as managers- And a re&ord must be made thereof- he shall #ee, the house in order! bring u, the &hildren! and not sell the house'hold utensils- He who buys the utensils of the &hildren of a widow shall lose his money! and the goods shall return to their owners1>?- *f a Bde%oted womanB or a ,rostitute to whom her father has gi%en a dowry and a deed therefor! but if in this deed it is not stated that she may be1ueath it as she ,leases! and has not ex,li&itly stated that she has the right of dis,osal+ if then her father die! then her brothers shall hold her field and garden! and gi%e her &orn! oil! and mil# a&&ording to her ,ortion! and satisfy her- *f her brothers do not gi%e her &orn! oil! and mil# a&&ording to her share! then her field and garden shall su,,ort herhe shall ha%e the usufru&t of field and garden and all that her father ga%e her so long as she li%es! but she &an not sell or assign it to others- Her ,osition of inheritan&e belongs to her brothers1>@- *f a Bsister of a god!B or a ,rostitute! re&ei%e a gift from her father! and a deed in whi&h it has been ex,li&itly stated that she may dis,ose of it as she ,leases! and gi%e her &om,lete dis,osition thereofA if then her father die! then she may lea%e her ,ro,erty to whomsoe%er she ,leases- Her brothers &an raise no &laim thereto1?D- *f a father gi%e a ,resent to his daughter C either marriageable or a ,rostitute unmarriageableH C and then die! then she is to re&ei%e a ,ortion as a &hild from the ,aternal estate! and en2oy its
4>
usufru&t so long as she li%es- Her estate belongs to her brothers1?1- *f a father de%ote a tem,le'maid or tem,le'%irgin to )od and gi%e her no ,resentA if then the father die! she shall re&ei%e the third of a &hild<s ,ortion from the inheritan&e of her father<s house! and en2oy its usufru&t so long as she li%es- Her estate belongs to her brothers1?4- *f a father de%ote his daughter as a wife of Mardi of $abylon Gas in 1?1H! and gi%e her no ,resent! nor a deed+ if then her father die! then shall she re&ei%e one'third of her ,ortion as a &hild of her father<s house from her brothers! but Mardu# may lea%e her estate to whomsoe%er she wishes1?7- *f a man gi%e his daughter by a &on&ubine a dowry! and a husband! and a deed+ if then her father die! she shall re&ei%e no ,ortion from the ,aternal estate1?9- *f a man do not gi%e a dowry to his daughter by a &on&ubine! and no husband+ if then her father die! her brother shall gi%e her a dowry a&&ording to her father<s wealth and se&ure a husband for her1?:- *f a man ado,t a &hild and to his name as son! and rear him! this grown son &an not be demanded ba&# again1?=- *f a man ado,t a son! and if after he has ta#en him he in2ure his foster father and mother! then this ado,ted son shall return to his father<s house1?>- The son of a ,aramour in the ,ala&e ser%i&e! or of a ,rostitute! &an not be demanded ba&#1??- *f an artisan has underta#en to rear a &hild and tea&hes him his &raft! he &an not be demanded ba&#-
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1?@- *f he has not taught him his &raft! this ado,ted son may return to his father<s house1@D- *f a man does not maintain a &hild that he has ado,ted as a son and reared with his other &hildren! then his ado,ted son may return to his father<s house1@1- *f a man! who had ado,ted a son and reared him! founded a household! and had &hildren! wish to ,ut this ado,ted son out! then this son shall not sim,ly go his way- His ado,ti%e father shall gi%e him of his wealth one'third of a &hild<s ,ortion! and then he may go- He shall not gi%e him of the field! garden! and house1@4- *f a son of a ,aramour or a ,rostitute say to his ado,ti%e father or motherA BIou are not my father! or my mother!B his tongue shall be &ut off1@7- *f the son of a ,aramour or a ,rostitute desire his father<s house! and desert his ado,ti%e father and ado,ti%e mother! and goes to his father<s house! then shall his eye be ,ut out1@9- *f a man gi%e his &hild to a nurse and the &hild die in her hands! but the nurse unbe#nown to the father and mother nurse another &hild! then they shall &on%i&t her of ha%ing nursed another &hild without the #nowledge of the father and mother and her breasts shall be &ut off1@:- *f a son stri#e his father! his hands shall be hewn off1@=- *f a man ,ut out the eye of another man! his eye shall be ,ut out- E An eye for an eye F 1@>- *f he brea# another man<s bone! his bone shall be bro#en1@?- *f he ,ut out the eye of a freed man! or brea# the
4@
bone of a freed man! he shall ,ay one gold mina1@@- *f he ,ut out the eye of a man<s sla%e! or brea# the bone of a man<s sla%e! he shall ,ay one'half of its %alue4DD- *f a man #no&# out the teeth of his e1ual! his teeth shall be #no&#ed out- E A tooth for a tooth F 4D1- *f he #no&# out the teeth of a freed man! he shall ,ay one'third of a gold mina4D4- *f any one stri#e the body of a man higher in ran# than he! he shall re&ei%e sixty blows with an ox'whi, in ,ubli&4D7- *f a free'born man stri#e the body of another free'born man or e1ual ran#! he shall ,ay one gold mina4D9- *f a freed man stri#e the body of another freed man! he shall ,ay ten she#els in money4D:- *f the sla%e of a freed man stri#e the body of a freed man! his ear shall be &ut off4D=- *f during a 1uarrel one man stri#e another and wound him! then he shall swear! B* did not in2ure him wittingly!B and ,ay the ,hysi&ians4D>- *f the man die of his wound! he shall swear similarly! and if he Gthe de&easedH was a free' born man! he shall ,ay half a mina in money4D?- *f he was a freed man! he shall ,ay one'third of a mina4D@- *f a man stri#e a free'born woman so that she lose her unborn &hild! he shall ,ay ten she#els for her loss41D- *f the woman die! his daughter shall be ,ut to death411- *f a woman of the free &lass lose her &hild by a blow! he shall ,ay fi%e she#els in money414- *f this woman die! he shall ,ay half a mina-
7D
417- *f he stri#e the maid'ser%ant of a man! and she lose her &hild! he shall ,ay two she#els in money419- *f this maid'ser%ant die! he shall ,ay one'third of a mina41:- *f a ,hysi&ian ma#e a large in&ision with an o,erating #nife and &ure it! or if he o,en a tumor Go%er the eyeH with an o,erating #nife! and sa%es the eye! he shall re&ei%e ten she#els in money41=- *f the ,atient be a freed man! he re&ei%es fi%e she#els41>- *f he be the sla%e of some one! his owner shall gi%e the ,hysi&ian two she#els41?- *f a ,hysi&ian ma#e a large in&ision with the o,erating #nife! and #ill him! or o,en a tumor with the o,erating #nife! and &ut out the eye! his hands shall be &ut off41@- *f a ,hysi&ian ma#e a large in&ision in the sla%e of a freed man! and #ill him! he shall re,la&e the sla%e with another sla%e44D- *f he had o,ened a tumor with the o,erating #nife! and ,ut out his eye! he shall ,ay half his %alue441- *f a ,hysi&ian heal the bro#en bone or diseased soft ,art of a man! the ,atient shall ,ay the ,hysi&ian fi%e she#els in money444- *f he were a freed man he shall ,ay three she#els447- *f he were a sla%e his owner shall ,ay the ,hysi&ian two she#els449- *f a %eterinary surgeon ,erform a serious o,eration on an ass or an ox! and &ure it! the owner shall ,ay the surgeon one'sixth of a she#el as a fee44:- *f he ,erform a serious o,eration on an ass or ox!
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and #ill it! he shall ,ay the owner one'fourth of its %alue44=- *f a barber! without the #nowledge of his master! &ut the sign of a sla%e on a sla%e not to be sold! the hands of this barber shall be &ut off44>- *f any one de&ei%e a barber! and ha%e him mar# a sla%e not for sale with the sign of a sla%e! he shall be ,ut to death! and buried in his houseThe barber shall swearA B* did not mar# him wittingly!B and shall be guiltless44?- *f a builder build a house for some one and &om,lete it! he shall gi%e him a fee of two she#els in money for ea&h sar of surfa&e44@- *f a builder build a house for some one! and does not &onstru&t it ,ro,erly! and the house whi&h he built fall in and #ill its owner! then that builder shall be ,ut to death47D- *f it #ill the son of the owner the son of that builder shall be ,ut to death471- *f it #ill a sla%e of the owner! then he shall ,ay sla%e for sla%e to the owner of the house474- *f it ruin goods! he shall ma#e &om,ensation for all that has been ruined! and inasmu&h as he did not &onstru&t ,ro,erly this house whi&h he built and it fell! he shall re'ere&t the house from his own means477- *f a builder build a house for some one! e%en though he has not yet &om,leted it+ if then the walls seem to,,ling! the builder must ma#e the walls solid from his own means479- *f a shi,builder build a boat of sixty gur for a man! he shall ,ay him a fee of two she#els in money47:- *f a shi,builder build a boat for some one! and do
74
not ma#e it tight! if during that same year that boat is sent away and suffers in2ury! the shi,builder shall ta#e the boat a,art and ,ut it together tight at his own ex,ense- The tight boat he shall gi%e to the boat owner47=- *f a man rent his boat to a sailor! and the sailor is &areless! and the boat is wre&#ed or goes aground! the sailor shall gi%e the owner of the boat another boat as &om,ensation47>- *f a man hire a sailor and his boat! and ,ro%ide it with &orn! &lothing! oil and dates! and other things of the #ind needed for fitting itA if the sailor is &areless! the boat is wre&#ed! and its &ontents ruined! then the sailor shall &om,ensate for the boat whi&h was wre&#ed and all in it that he ruined47?- *f a sailor wre&# any one<s shi,! but sa%es it! he shall ,ay the half of its %alue in money47@- *f a man hire a sailor! he shall ,ay him six gur of &orn ,er year49D- *f a mer&hantman run against a ferryboat! and wre&# it! the master of the shi, that was wre&#ed shall see# 2usti&e before )od+ the master of the mer&hantman! whi&h wre&#ed the ferryboat! must &om,ensate the owner for the boat and all that he ruined491- *f any one im,resses an ox for for&ed labor! he shall ,ay one'third of a mina in money494- *f any one hire oxen for a year! he shall ,ay four gur of &orn for ,low'oxen497- As rent of herd &attle he shall ,ay three gur of &orn to the owner499- *f any one hire an ox or an ass! and a lion #ill it in the field! the loss is u,on its owner-
77
49:- *f any one hire oxen! and #ill them by bad treatment or blows! he shall &om,ensate the owner! oxen for oxen49=- *f a man hire an ox! and he brea# its leg or &ut the ligament of its ne&#! he shall &om,ensate the owner with ox for ox49>- *f any one hire an ox! and ,ut out its eye! he shall ,ay the owner one'half of its %alue49?- *f any one hire an ox! and brea# off a horn! or &ut off its tail! or hurt its mu66le! he shall ,ay one' fourth of its %alue in money49@- *f any one hire an ox! and )od stri#e it that it die! the man who hired it shall swear by )od and be &onsidered guiltless4:D- *f while an ox is ,assing on the street Gmar#etH some one ,ush it! and #ill it! the owner &an set u, no &laim in the suit Gagainst the hirerH4:1- *f an ox be a goring ox! and it shown that he is a gorer! and he do not bind his horns! or fasten the ox u,! and the ox gore a free'born man and #ill him! the owner shall ,ay one'half a mina in money4:4- *f he #ill a man<s sla%e! he shall ,ay one'third of a mina4:7- *f any one agree with another to tend his field! gi%e him seed! entrust a yo#e of oxen to him! and bind him to &ulti%ate the field! if he steal the &orn or ,lants! and ta#e them for himself! his hands shall be hewn off4:9- *f he ta#e the seed'&orn for himself! and do not use the yo#e of oxen! he shall &om,ensate him for the amount of the seed'&orn4::- *f he sublet the man<s yo#e of oxen or steal the seed'&orn! ,lanting nothing in the field! he shall
79
be &on%i&ted! and for ea&h one hundred gan he shall ,ay sixty gur of &orn4:=- *f his &ommunity will not ,ay for him! then he shall be ,la&ed in that field with the &attle Gat wor#H4:>- *f any one hire a field laborer! he shall ,ay him eight gur of &orn ,er year4:?- *f any one hire an ox'dri%er! he shall ,ay him six gur of &orn ,er year4:@- *f any one steal a water'wheel from the field! he shall ,ay fi%e she#els in money to its owner4=D- *f any one steal a shadduf Gused to draw water from the ri%er or &analH or a ,low! he shall ,ay three she#els in money4=1- *f any one hire a herdsman for &attle or shee,! he shall ,ay him eight gur of &orn ,er annum4=4- *f any one! a &ow or a shee, --4=7- *f he #ill the &attle or shee, that were gi%en to him! he shall &om,ensate the owner with &attle for &attle and shee, for shee,4=9- *f a herdsman! to whom &attle or shee, ha%e been entrusted for wat&hing o%er! and who has re&ei%ed his wages as agreed u,on! and is satisfied! diminish the number of the &attle or shee,! or ma#e the in&rease by birth less! he shall ma#e good the in&rease or ,rofit whi&h was lost in the terms of settlement4=:- *f a herdsman! to whose &are &attle or shee, ha%e been entrusted! be guilty of fraud and ma#e false returns of the natural in&rease! or sell them for money! then shall he be &on%i&ted and ,ay the owner ten times the loss4==- *f the animal be #illed in the stable by )od G an a&&identH! or if a lion #ill it! the herdsman shall
7:
de&lare his inno&en&e before )od! and the owner bears the a&&ident in the stable4=>- *f the herdsman o%erloo# something! and an a&&ident ha,,en in the stable! then the herdsman is at fault for the a&&ident whi&h he has &aused in the stable! and he must &om,ensate the owner for the &attle or shee,4=?- *f any one hire an ox for threshing! the amount of the hire is twenty #a of &orn4=@- *f he hire an ass for threshing! the hire is twenty #a of &orn4>D- *f he hire a young animal for threshing! the hire is ten #a of &orn4>1- *f any one hire oxen! &art and dri%er! he shall ,ay one hundred and eighty #a of &orn ,er day4>4- *f any one hire a &art alone! he shall ,ay forty #a of &orn ,er day4>7- *f any one hire a day laborer! he shall ,ay him from the /ew Iear until the fifth month GA,ril to August! when days are long and the wor# hardH six gerahs in money ,er day+ from the sixth month to the end of the year he shall gi%e him fi%e gerahs ,er day4>9- *f any one hire a s#illed artisan! he shall ,ay as wages of the --- fi%e gerahs! as wages of the ,otter fi%e gerahs! of a tailor fi%e gerahs! of --gerahs! --- of a ro,ema#er four gerahs! of --gerahs! of a mason --- gerahs ,er day4>:- *f any one hire a ferryboat! he shall ,ay three gerahs in money ,er day4>=- *f he hire a freight'boat! he shall ,ay two and one'half gerahs ,er day4>>- *f any one hire a shi, of sixty gur! he shall ,ay one'sixth of a she#el in money as its hire ,er
7=
day4>?- *f any one buy a male or female sla%e! and before a month has ela,sed the benu'disease be de%elo,ed! he shall return the sla%e to the seller! and re&ei%e the money whi&h he had ,aid4>@- *f any one by a male or female sla%e! and a third ,arty &laim it! the seller is liable for the &laim4?D- *f while in a foreign &ountry a man buy a male or female sla%e belonging to another of his own &ountry+ if when he return home the owner of the male or female sla%e re&ogni6e itA if the male or female sla%e be a nati%e of the &ountry! he shall gi%e them ba&# without any money4?1- *f they are from another &ountry! the buyer shall de&lare the amount of money ,aid therefor to the mer&hant! and #ee, the male or female sla%e4?4- *f a sla%e say to his masterA BIou are not my master!B if they &on%i&t him his master shall &ut off his ear-
7>
TH( (8*LO)3(
A. of 2usti&e whi&h Hammurabi! the wise #ing! established- A righteous law! and ,ious statute did he tea&h the land- Hammurabi! the ,rote&ting #ing am *- * ha%e not withdrawn myself from the men! whom $el ga%e to me! the rule o%er whom Mardu# ga%e to me! * was not negligent! but * made them a ,ea&eful abiding',la&e- * ex,ounded all great diffi&ulties! * made the light shine u,on them- .ith the mighty wea,ons whi&h 5amama and *shtar entrusted to me! with the #een %ision with whi&h (a endowed me! with the wisdom that Mardu# ga%e me! * ha%e u,rooted the enemy abo%e and below Gin north and southH! subdued the earth! brought ,ros,erity to the land! guaranteed se&urity to the inhabitants in their homes+ a disturber was not ,ermitted- The great gods ha%e &alled me! * am the sal%ation'bearing she,herd! whose staff is straight! the good shadow that is s,read o%er my &ity+ on my breast * &herish the inhabitants of the land of umer and A##ad+ in my shelter * ha%e let them re,ose in ,ea&e+ in my dee, wisdom ha%e * en&losed themThat the strong might not in2ure the wea#! in order to ,rote&t the widows and or,hans! * ha%e in $abylon the &ity where Anu and $el raise high their head! in (' agil! the Tem,le! whose foundations stand firm as hea%en and earth! in order to bes,ea# 2usti&e in the land! to settle all dis,utes! and heal all in2uries! set u, these my ,re&ious words! written u,on my memorial stone! before the image of me! as #ing of righteousness-
The #ing who ruleth among the #ings of the &ities am *- My words are well &onsidered+ there is no
7?
wisdom li#e unto mine- $y the &ommand of hamash! the great 2udge of hea%en and earth! let righteousness go forth in the landA by the order of Mardu#! my lord! let no destru&tion befall my monument- *n (' agil! whi&h * lo%e! let my name be e%er re,eated+ let the o,,ressed! who has a &ase at law! &ome and stand before this my image as #ing of righteousness+ let him read the ins&ri,tion! and understand my ,re&ious wordsA the ins&ri,tion will ex,lain his &ase to him+ he will find out what is 2ust! and his heart will be glad! so that he will sayA BHammurabi is a ruler! who is as a father to his sub2e&ts! who holds the words of Mardu# in re%eren&e! who has a&hie%ed &on1uest for Mardu# o%er the north and south! who re2oi&es the heart of Mardu#! his lord! who has bestowed benefits for e%er and e%er on his sub2e&ts! and has established order in the land-B .hen he reads the re&ord! let him ,ray with full heart to Mardu#! my lord! and 5ar,anit! my lady+ and then shall the ,rote&ting deities and the gods! who fre1uent (' agil! gra&iously grant the desires daily ,resented before Mardu#! my lord! and 5ar,anit! my lady*n future time! through all &oming generations! let
7@
the #ing! who may be in the land! obser%e the words of righteousness whi&h * ha%e written on my monument+ let him not alter the law of the land whi&h * ha%e gi%en! the edi&ts whi&h * ha%e ena&ted+ my monument let him not mar- *f su&h a ruler ha%e wisdom! and be able to #ee, his land in order! he shall obser%e the words whi&h * ha%e written in this ins&ri,tion+ the rule! statute! and law of the land whi&h * ha%e gi%en+ the de&isions whi&h * ha%e made will this ins&ri,tion show him+ let him rule his sub2e&ts a&&ordingly! s,ea# 2usti&e to them! gi%e right de&isions! root out the mis&reants and &riminals from this land! and grant ,ros,erity to his sub2e&tsHammurabi! the #ing of righteousness! on whom hamash has &onferred right Gor lawH am *- My words are well &onsidered+ my deeds are not e1ualed+ to bring low those that were high+ to humble the ,roud! to ex,el insolen&e- *f a su&&eeding ruler &onsiders my words! whi&h * ha%e written in this my ins&ri,tion! if he do not annul my law! nor &orru,t my words! nor &hange my monument! then may hamash lengthen that #ing<s reign! as he has that of me! the #ing of righteousness! that he may reign in righteousness o%er his sub2e&ts- *f this ruler do not esteem my words! whi&h * ha%e written in my ins&ri,tion! if he des,ise my &urses! and fear not the &urse of )od! if he destroy the law whi&h * ha%e gi%en! &orru,t my words! &hange my monument! effa&e my name!
9D
write his name there! or on a&&ount of the &urses &ommission another so to do! that man! whether #ing or ruler! ,atesi! or &ommoner! no matter what he be! may the great )od GAnuH! the ;ather of the gods! who has ordered my rule! withdraw from him the glory of royalty! brea# his s&e,ter! &urse his destiny- May $el! the lord! who fixeth destiny! whose &ommand &an not be altered! who has made my #ingdom great! order a rebellion whi&h his hand &an not &ontrol+ may he let the wind of the o%erthrow of his habitation blow! may he ordain the years of his rule in groaning! years of s&ar&ity! years of famine! dar#ness without light! death with seeing eyes be fated to him+ may he G$elH order with his ,otent mouth the destru&tion of his &ity! the dis,ersion of his sub2e&ts! the &utting off of his rule! the remo%al of his name and memory from the land- May $elit! the great Mother! whose &ommand is ,otent in ('"ur Gthe $abylonian Olym,usH! the Mistress! who har#ens gra&iously to my ,etitions! in the seat of 2udgment and de&ision Gwhere $el fixes destinyH! turn his affairs e%il before $el! and ,ut the de%astation of his land! the destru&tion of his sub2e&ts! the ,ouring out of his life li#e water into the mouth of "ing $el- May (a! the great ruler! whose fated de&rees &ome to ,ass! the thin#er of the gods! the omnis&ient! who ma#eth long the days of my life! withdraw understanding and wisdom from him! lead him to forgetfulness! shut u, his ri%ers at their sour&es! and not allow &orn or sustenan&e for man to grow
91
in his land- May hamash! the great Judge of hea%en and earth! who su,,orteth all means of li%elihood! Lord of life'&ourage! shatter his dominion! annul his law! destroy his way! ma#e %ain the mar&h of his troo,s! send him in his %isions fore&asts of the u,rooting of the foundations of his throne and of the destru&tion of his land- May the &ondemnation of hamash o%erta#e him forthwith+ may he be de,ri%ed of water abo%e among the li%ing! and his s,irit below in the earth- May in Gthe Moon'godH! the Lord of Hea%en! the di%ine father! whose &res&ent gi%es light among the gods! ta#e away the &rown and regal throne from him+ may he ,ut u,on him hea%y guilt! great de&ay! that nothing may be lower than he- May he destine him as fated! days! months and years of dominion filled with sighing and tears! in&rease of the burden of dominion! a life that is li#e unto death- May Adad! the lord of fruitfulness! ruler of hea%en and earth! my hel,er! withhold from him rain from hea%en! and the flood of water from the s,rings! destroying his land by famine and want+ may he rage mightily o%er his &ity! and ma#e his land into flood'hills Ghea,s of ruined &itiesHMay 5amama! the great warrior! the first'born son of ('"ur! who goeth at my right hand! shatter his wea,ons on the field of battle! turn day into night for him! and let his foe trium,h o%er him- May *shtar! the goddess of fighting and war! who unfetters my wea,ons! my gra&ious ,rote&ting s,irit! who lo%eth my dominion! &urse his #ingdom
94
in her angry heart+ in her great wrath! &hange his gra&e into e%il! and shatter his wea,ons on the ,la&e of fighting and war- May she &reate disorder and sedition for him! stri#e down his warriors! that the earth may drin# their blood! and throw down the ,iles of &or,ses of his warriors on the field+ may she not grant him a life of mer&y! deli%er him into the hands of his enemies! and im,rison him in the land of his enemies- May /ergal! the might among the gods! whose &ontest is irresistible! who grants me %i&tory! in his great might burn u, his sub2e&ts li#e a slender reedstal#! &ut off his limbs with his mighty wea,ons! and shatter him li#e an earthen image- May /in'tu! the sublime mistress of the lands! the fruitful mother! deny him a son! %ou&hsafe him no name! gi%e him no su&&essor among men- May /in'#ara#! the daughter of Anu! who ad2udges gra&e to me! &ause to &ome u,on his members in ('#ur high fe%er! se%ere wounds! that &an not be healed! whose nature the ,hysi&ian does not understand! whi&h he &an not treat with dressing! whi&h! li#e the bite of death! &an not be remo%ed! until they ha%e sa,,ed away his lifeMay he lament the loss of his life',ower! and may the great gods of hea%en and earth! the Anuna#i! altogether infli&t a &urse and e%il u,on the &onfines of the tem,le! the walls of this ('barra Gthe un tem,le of i,,araH! u,on his dominion! his land! his warriors! his sub2e&ts! and his troo,s- May $el &urse him with the ,otent &urses of his mouth that
97
&an not be altered! and may they &ome u,on him forthwith-
99
Comment
hile the ,re&ise date of Hammurabi<s Code of Laws is dis,uted by s&holars! it is generally belie%ed to ha%e been written between the se&ond year of his reign! &ir&a 1>4> $C(! and the end of his reign! &ir&a 1=?D $C(! ,redating the Hebrew BTen CommandmentsB by about :DD years-
8erha,s the single most stri#ing feature of Hammurabi<s Code is its &ommitment to ,rote&tion of the wea# from being brutali6ed by the strongHe belie%ed that he had been ordained by his gods Anu G)od of the #yH and $el GThe Lord of Hea%en and (arth! the )od of 0estinyH to establish the rule of law and 2usti&e o%er his ,eo,le*n his own words! Hammurabi saidA BAnu and $el &alled by name me! Hammurabi! the exalted ,rin&e! who feared )od! to bring about the rule of righteousness in the land! to destroy the wi&#ed and the e%il'doers+ so that the strong should not harm the wea#---B He referred to himself as the Bshe,herd of the o,,ressed and of the sla%es!B and ordered that Bthese my ,re&ious wordsB be written u,on his memorial stone! before his image BThat the strong might not in2ure the wea#! in order to ,rote&t the
9:
widows and or,hans --- in order to bes,ea# 2usti&e in the land! to settle all dis,utes! and heal all in2uries ---B Hammurabi<s Code addressed the right of the ,oor to see# redress from wrongs &ommitted by the wealthy or by the nobility- *t also addressed the rights of women! in&luding the rights of women to own ,ro,erty in their own names! and e%en the right to di%or&e a husband for grounds whi&h would be re&ogni6ed e%en today-

The Code of Hammurabi

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The Code of Hammurabi