Criminal
Law
Notes
in red are based on the translation and commentary in
The
Babylonian Laws by Driver and
Miles. In some cases, their interpretation is quite different.
1.
If any one ensnare another
[charge him with
manslaughter], putting a ban upon him, but
he can not prove it, then he that ensnared him shall be put to death.
2.
If any one bring an accusation
[of witchcraft] against a man, and the
accused go to the river and leap into the river, if he sink in the river his
accuser shall take possession of his house. But if the river prove that the
accused is not guilty, and he escape 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 any one bring an accusation of any crime
[a felony]
before the elders, and does not prove what
he has charged, he shall, if it be a capital offense charged, be put to death.
4.
If he satisfy the elders to impose a fine of
grain or money, he shall receive the fine
that the action produces.
[entirely different meaning:
if anyone bear witness to a claim for corn or money, he shall remain liable for
the penalty--apparently a punishment for false witness, not a reward for true
witness]
5.
If a judge try a case, reach a decision, and present his judgment in writing; if
later error shall appear in his decision, and it be through his own fault,
[if he is later convicted of
changing his judgment] 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 any one steal 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 any one buy 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 take it in charge, he is considered a thief and shall be put
to death.
8.
If any one steal 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 thirtyfold therefor; 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.
[because this time the thief
has not profaned the temple, perhaps]
9.
If any one lose 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 do 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 seller goes to fate, the buyer shall take 5-fold the claim in that suit
from the house of the seller.]
[13]12.
If the witnesses be 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.
[editor's note: there is no 13th law in the code, 13 being considered and
unlucky and evil number]
14.
If any one steal the minor son of another, he shall be put to death.
15.
If any one take a male or female slave of the court, or a male or female slave
of a freed man, outside the city gates,
[let escape by the great
gates] he shall be put to death.
16.
If any one receive 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 any one find 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 hold the slaves in his house, and they are caught there, he shall be put
to death.
20.
If the slave that he caught run away from him, then shall he swear to the owners
of the slave, and he is free of all blame.
21.
If any one break a hole into a house (break in to steal), he shall be put to
death before that hole and be buried.
22.
If any one is committing a robbery and is caught, then he shall be put to death.
23.
If the robber is not caught, then shall he who was robbed claim under oath the
amount of his loss; then shall the community, and
[the city and the
mayor] . . . on whose ground and territory
and in whose domain it was compensate him for the goods stolen.
24.
If persons are stolen, [the
life of the owner is lost] then shall the
community and . . . [the city
or the mayor] pay one mina of silver to
their relatives.
25.
If fire break out in a house, and some one who comes to put it out cast his eye
upon the property of the owner of the house, and take the property of the master
of the house, he shall be thrown into that self-same fire.
109.
If conspirators meet in the house of a tavern-keeper, and these conspirators are
not captured and delivered to the court, the tavern-keeper shall be put to
death.
110.
If a "sister of a god"
[priestess or high priestess]
open a tavern, or enter a tavern to drink,
then shall this woman be burned to death.
[another source interprets
"sister of a god" as the highest ranking priestess/prostitute]
127.
If any one "point 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
[flogged]
before the judges and his brow shall be
marked. (by cutting the skin, or perhaps hair.)
(slander)
194.
If a man give 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.
[Interprets
this as a case of taking a second child after the first dies without telling its
parents of the loss of the first.]
195.
If a son strike his father, his hands shall be hewn off.
196.
If a man put out the eye of another
[a free]
man, his eye shall be put out. [ An eye
for an eye ]
197.
If he break [a free]
another man's bone, his bone shall be
broken.
198.
If he put out the eye of a freed man, or break the bone of a freed man, he shall
pay one gold [silver]
mina.
199.
If he put out the eye of a man's slave, or break the bone of a man's slave, he
shall pay one-half of its value.
200.
If a man knock out the teeth of his
[free man]
equal, his teeth shall be knocked out. [ A
tooth for a tooth ]
201.
If he knock out the teeth of a freed man, he shall pay one-third of a gold
[silver]
mina.
202.
If any one strike the body
[cheek]
of a [free]
man higher in rank than he, he shall
receive sixty blows with an ox-whip in public.
203.
If a free-born man strike the body
[cheek]
of another free-born man or equal rank, he
shall pay one gold [silver]
mina.
204.
If a freed man strike the body of another freed man, he shall pay ten shekels in
money [of
silver].
205.
If the slave of a freed man strike the body of a freed man, his ear shall be cut
off.
206.
If during a quarrel one man strike another and wound him, then he shall swear,
"I did not injure him wittingly," and pay the physicians.
207.
If the man die 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
[of
silver].
208.
If he was a freed man, he shall pay one-third of a mina
[of
silver].
209.
If a man strike a free-born woman so that she lose her unborn child, he shall
pay ten shekels [of silver]
for her loss.
210.
If the woman die, his daughter shall be put to death.
211.
If a woman of the free class lose her child by a blow, he shall pay five shekels
in money [of
silver].
212.
If this woman die, he shall pay half a mina
[of
silver].
213.
If he strike the maid-servant of a man, and she lose her child, he shall pay two
shekels in money [of
silver].
214.
If this maid-servant die, he shall pay one-third of a mina
[of
silver].
218.
If a physician make a large incision with the operating knife, and kill him, or
open a tumor with the operating knife, and cut out the eye, his
[forehand]
hands shall be cut off.
219.
If a physician make a large incision in the slave of a freed man, and kill him,
he shall replace the slave with another slave.
220.
If he had opened a tumor with the operating knife, and put out his eye, he shall
pay half his value.
226.
If a barber, without the knowledge of his master, cut the sign of a slave on a
slave not to be sold, [has
excised the slave mark] the hands of this
barber shall be cut off.
227.
If any one deceive a barber, and have him mark a slave not for sale with the
sign of a slave [excise the
slave mark so that he cannot be traced],
he shall be put to death, and buried in his house. The barber shall swear: "I
did not mark him wittingly," and shall be guiltless.
229
If a builder build a house for some one, and does not construct it properly, and
the house which he built fall in and kill its owner, then that builder shall be
put to death.
230.
If it kill the son of the owner the son of that builder shall be put to death.
253.
If any one agree with another to tend his field, give him seed, entrust a yoke
of oxen to him, and bind him to cultivate the field, if he steal the corn or
plants, and take them for himself, his hands shall be hewn off.
282. If a slave say to his master: "You are not my master,"
if they convict him his master shall cut off his ear.
Tort
Law (and private enforcement)
53.
If any one be too lazy to keep his dam in proper condition, and does not so keep
it; if then the dam break and all the fields be 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 be not able to replace the corn, then he and his possessions shall be
divided among the farmers whose corn
[sesame]
he has flooded.
55.
If any one open his ditches to water his crop, but is careless, and the water
flood the field of his neighbor, then he shall pay his neighbor corn for his
loss.
56.
If a man let in the water, and the water overflow the plantation of his
neighbor, he shall pay ten gur of corn for every
[bur]
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
[bur]
ten gan.
58.
If after the flocks have left the pasture and been shut up in the common fold at
the city gate, any shepherd let them into a field and they graze there, this
shepherd shall take possession of the field which he has allowed to be grazed
on, and at the harvest he must pay sixty gur of corn for every
[bur]
ten gan.
59.
If any man, without the knowledge of the owner of a garden, fell a tree in a
garden he shall pay half a mina in money
[of
silver].
114.
If a man have no claim on another for corn and money, and
[takes a person as a
"distress" from him]
try to
demand it by force, he shall pay one-third
of a mina of silver in every case.
115.
If any one have a claim for corn or money upon another and imprison him; if the
prisoner die in prison a natural death, the case shall go no further.
116.
If the prisoner die in prison from blows or maltreatment, the master of the
prisoner shall convict the merchant before the judge. If he was a free-born man,
the son of the merchant shall be put to death; if it was a slave, he shall pay
one-third of a mina of gold
[silver],
and all that the master of the prisoner gave he shall forfeit.
225.
If he perform a serious operation on an ass or ox, and kill it, he shall pay the
owner one-fourth of its value.
231.
If it kill a slave of the owner, then he shall pay slave for slave to the owner
of the house.
232.
If it ruin goods, he shall make compensation for all that has been ruined, and
inasmuch as he did not construct properly this house which he built and it fell,
he shall re-erect the house from his own means.
233.
If a builder build a house for some one, even though he has not yet completed
it; if then the walls seem toppling, the builder must make the walls solid from
his own means.
235.
If a shipbuilder build [has
caulked] a boat for some one, and do not
make it tight, if during that same year that boat is sent away and suffers
injury [springs a leak in that
very year or reveals a defect], the
shipbuilder shall take the boat apart and put it together tight at his own
expense. The tight boat he shall give to the boat owner.
236.
If a man rent his boat to a sailor, and the sailor is careless, and the boat is
wrecked or goes aground, the sailor shall give the owner of the boat another
boat as compensation.
237.
If a man hire a sailor and his boat, and provide
[load]
it with corn, clothing, oil and dates, and
other things of the kind needed for fitting it
[lading]:
if the sailor is careless, the boat is wrecked, and its contents ruined, then
the sailor shall compensate for the boat which was wrecked and all in it
[any of its cargo]
that he ruined.
238.
If a sailor wreck any one's ship, but saves it,
[lets founder but then raises
it] he shall pay the half of its value in
money
[silver].
240.
If a merchantman [ship under
the command of the master of a galley] run
against a ferryboat [has
rammed and sunk a sailing ship under the command of a master
sailor], and wreck it, the master of the
ship that was wrecked shall seek justice before God; the master of the
merchantman, which wrecked the ferryboat, must compensate the owner for the boat
and all that he ruined.
244.
If any one hire an ox or an ass, and a lion kill it in the field, the loss is
upon its owner.
245.
If any one hire oxen, and kill them by bad treatment or blows, he shall
compensate the owner, oxen for oxen.
246.
If a man hire an ox, and he break its leg or cut the ligament of its neck, he
shall compensate the owner with ox for ox.
247.
If any one hire an ox, and put out its eye, he shall pay the owner one-half of
its value [in
silver].
248.
If any one hire an ox, and break off a horn, or cut off its tail, or hurt its
muzzle, he shall pay one-fourth
[fifth]
of its value in money
[in
silver].
249.
If any one hire an ox, and God strike it that it die, the man who hired it shall
swear by God and be considered guiltless.
250.
If while an ox is passing on the street (market)
[has gored a man and caused
his death]
some one
push it, and kill it, the owner can set up no claim in the suit (against the
hirer)
[that case affords no cause of
action].
251.
If 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 up, and the ox gore a free-born man and kill him, the
owner shall pay one-half a mina in money
[of
silver].
252.
If he kill a man's slave, he shall pay one-third of a mina
[of
silver].
254.
If he take the [meal and so
has weakened the cattle]
seed-corn
for himself,
and do not
use the yoke of oxen, he shall compensate
him [twofold]
for the amount of the seed-corn.
255.
If he sublet the man's yoke of oxen or steal the seed-corn, planting nothing in
the field, he shall be convicted, and for each
one hundred
gan
[bur]
he shall pay sixty gur of corn.
256.
If his community will not pay for him, then he shall be placed in that field
with the cattle (at work).
[If
he cannot discharge his liability, they shall have that man drawn to and fro on
the field by the oxen]
259.
If any one steal a water-wheel from the field, he shall pay five shekels in
money [of
silver] to its owner.
260.
If any one steal a shadduf (used to draw water from the river or canal) or a
plow, he shall pay three shekels in money
[of
silver].
263.
If he kill [has
lost] the cattle or sheep that were given
to him, he shall compensate the owner with cattle for cattle and sheep for
sheep.
264.
If a herdsman, to whom cattle or sheep have been entrusted for watching over,
and who has received his wages as agreed upon, and is satisfied, diminish the
number of the cattle or sheep, or make the increase by birth less, he shall make
good the increase or profit which was lost in the terms of settlement.
265.
If a herdsman, to whose care cattle or sheep have been entrusted
[alters the brand on them
and],
be guilty
of fraud and make false returns of the natural increase,
or sell them for money, then shall he be
convicted and pay the owner ten times the loss.
266.
If the animal be killed in the stable by God ( an accident), or if a lion kill
it, the herdsman shall declare his innocence before God, and the owner bears the
accident in the stable.
267.
If the herdsman [has been
careless and lets an infection? break out in the fold]
overlook something, and an accident happen
in the stable, then the herdsman is at fault for the accident which he has
caused in the stable, and he must compensate the owner for the cattle or sheep.
Property
27.
If a chieftain or man [a
runner or fisher--and similarly in later laws]
be 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.
["runner"
translates a word that seems to mean something like policeman/soldier/royal
gofer. Fishers are perhaps fisherman working for the crown? Perhaps provided
water transport for the army? Both groups are royal servants of some sort,
holding land in exchange for service, apparently. The rent payer, later on, is
perhaps renting from the crown?]
28.
If a chieftain or a man be caught in the misfortune of a king, if his son is
able to enter into possession, then the field and garden shall be given to him,
he shall take over the fee of his father.
29.
If his son is still young, and can not take possession, a third of the field and
garden shall be given to his mother, and she shall bring him up.
30.
If a chieftain or a man leave his house, garden, and field and hires it out, and
some one else takes possession of his house, garden, and field and uses it
[performs his service--perhaps
military service?] 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 hire 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.
32.
If a chieftain or a man is captured on the "Way of the King" (in war), and a
merchant buy him free, and bring him back to his place; if he have the means in
his house to buy his freedom, he shall buy himself free: if he have nothing in
his house with which to buy himself free, he shall be bought free by the temple
of his community; if there be nothing in the temple with which to buy him free,
the court shall buy his freedom. His field, garden, and house shall not be given
for the purchase of his freedom.
35.
If any one buy the cattle or sheep which the king has given to chieftains
[a runner]
from him, he loses his money.
36.
The field, garden, and house of a chieftain, of a man, or of one subject to
quit-rent, can not be sold.
37.
If any one buy the field, garden, and house of a chieftain, man, or one subject
to quit-rent, his contract tablet of sale shall be broken (declared invalid) and
he loses his money. The field, garden, and house return to their owners.
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.
40.
He may sell field, garden, and house to a merchant (royal agents) or to any
other public official, the buyer holding field, house, and garden for its
usufruct [shall perform the
service].
Contract
41.
If any one fence in [has
acquired] the field, garden, and house of
a chieftain, man, or one subject to quit-rent
by exchange, and has given an
additional payment--presumably to equalize the
exchange], furnishing the palings
therefor; if the chieftain, man, or one subject to quit-rent return to field,
garden, and house, the palings which were given to him become his property.
42.
If any one take over a field to till it, and obtain no harvest therefrom, it
must be proved that he did no work on the field, and he must deliver grain, just
as his neighbor raised, to the owner of the field.
43.
If he do not till the field, but let it lie fallow, he shall give grain like his
neighbor's to the owner of the field, and the field which he let lie fallow he
must plow and sow and return to its owner.
44.
If any one take over a waste-lying field to make it arable, but is lazy, and
does not make it arable, he shall plow the fallow field in the fourth year,
harrow it and till it, and give it back to its owner, and for each
[bur]
ten gan (a measure of area) ten gur of
grain shall be paid.
[bur
has been estimated at 15-20 acres, and the gur at 3 1/4-8 bushels.]
45.
If a man rent his field for tillage for a fixed rental, and receive 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 do 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.
47.
If the tiller, because he did not succeed in the first year, has had the soil
tilled by others [states that
he will again cultivate the field], the
owner may raise no objection; the field has been cultivated and he receives the
harvest according to agreement.
48.
If any one owe 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 [interest]
for this year.
49.
If any one take money from a merchant, and give the merchant a field tillable
for corn or sesame and order him to plant corn or sesame in the field, and to
harvest the crop; if the cultivator plant corn or sesame in the field, at the
harvest the corn or sesame that is in the field shall belong to the owner of the
field and he shall pay corn as rent, for the money he received from the
merchant, and the livelihood of the cultivator shall he give to the merchant.
50.
If he give a cultivated corn-field or a cultivated sesame-field, the corn or
sesame in the field shall belong to the owner of the field, and he shall return
the money to the merchant as rent
[shall repay the money and the
interest thereon to the merchant].
51.
If he have no money to repay, then he shall pay in corn or sesame in place of
the money as rent for what he received from the merchant, according to the royal
tariff [up to the value of his
money which he has received from the merchant and the interest thereon at a rate
in accordance with the ordinances of the
king].
52.
If the cultivator do not plant corn or sesame in the field, the debtor's
contract is not weakened.
60.
If any one give over a field to a gardener, for him to plant it as a garden, if
he work at it, and care for it for four years, in the fifth year the owner and
the gardener shall divide it, the owner taking his part in charge.
61.
If the gardener has not completed the planting of the field, leaving one part
unused, this shall be assigned to him as his.
62.
If he do not plant the field that was given over to him as a garden, if it be
arable land (for corn or sesame) the gardener shall pay the owner the produce of
the field for the years that he let it lie fallow, according to the product of
neighboring fields, put the field in arable condition and return it to its
owner.
63.
If he transform waste land into arable fields and return it to its owner, the
latter shall pay him for one year ten gur for
[every bur]
ten gan.
64.
If any one hand over his garden to a gardener to work
[pollinate
???], the gardener shall pay to its owner
two-thirds of the produce of the garden, for so long as he has it in possession,
and the other third shall he keep.
[interprets 59-65 as dealing
with date-farming]
65.
If the gardener do not work in
the [pollinate]
garden and the product fall off, the
gardener shall pay in proportion to other neighboring gardens. [Here a portion
of the text is missing, apparently comprising thirty-four paragraphs.]
100.
. . . interest for the money, as much as he has received, he shall give a note
therefor, and on the day, when they settle, pay to the merchant.
101.
If there are no mercantile arrangements in the place whither he went, he shall
leave the entire amount of money which he received with the broker to give to
the merchant.
102.
If a merchant entrust money to an agent (broker) for some investment, and the
broker suffer a loss in the place to which he goes, he shall make good the
capital to the merchant.
103.
If, while on the journey, an enemy take away from him anything that he had, the
broker shall swear by God and be free of obligation.
104.
If a merchant give an agent corn, wool, oil, or any other goods to transport,
the agent shall give a receipt for the amount, and compensate the merchant
therefor. Then he shall obtain a receipt form the merchant for the money that he
gives the merchant.
105.
If the agent is careless, and does not take a receipt for the money which he
gave the merchant, he can not consider the unreceipted money as his own.
106.
If the agent accept money from the merchant, but have 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 cheat 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 deny receiving what the agent had given him shall pay
six times the sum to the agent.
112.
If any one be on a journey and entrust silver, gold, precious stones, or any
movable property to another, and wish to recover it from him; if the latter do
not bring all of the property to the appointed place, but appropriate it to his
own use, then shall this man, who did not bring the property to hand it over, be
convicted, and he shall pay fivefold for all that had been entrusted to him.
113.
If any one have [a claim to]
consignment
of corn or money, and he take from the
granary or box without the knowledge of the owner, then shall he who took corn
without the knowledge of the owner out of the granary or money out of the box be
legally convicted, and repay the corn he has taken. And he shall lose whatever
[he has lent]
commission was paid to him, or due him.
117.
If any one fail to meet a claim for debt
[has become liable to arrest
under a bond], 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 give a male or female slave away for forced labor, and the merchant
[let the period of redemption
expire]
sublease
them, or sell them for money, no objection
can be raised.
119.
If any one 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
[he shall redeem
her--presumably she is going back to her original owner, not being
freed].
120.
If any one store corn for safe keeping in another person's house, and any harm
happen to the corn in storage, or if the owner of the house open the granary and
take some of the corn, or if especially he deny that the corn was stored in his
house: then the owner of the corn shall claim his corn before God (on oath), and
the owner of the house shall pay its owner for all of the corn
[double the corn]
that he took.
122.
If any one give another silver, gold, or anything else to keep, he shall show
everything to some witness, draw up a contract, and then hand it over for safe
keeping.
123.
If he turn it over for safe keeping without witness or contract, and if he to
whom it was given deny it, then he has no legitimate claim.
124.
If any one deliver silver, gold, or anything else to another for safe keeping,
before a witness, but he deny it, he shall be brought before a judge, and all
that he has denied he shall pay in full
[double anything he contested
and pay it].
125.
If any one place his property with another for safe keeping, and there, either
through thieves or robbers, his property and the property of the other man be
lost, the owner of the house, through whose neglect the loss took place, shall
compensate the owner for all that was given to him in charge. But the owner of
the house shall try to follow up and recover his property, and take it away from
the thief.
126.
If any one who has not lost his goods state that they have been lost, and make
false claims: if he claim his goods and amount of injury before God, even though
he has not lost them, he shall be fully compensated for all his loss claimed.
(I.e., the oath is all that is needed.)
[Very
different. ... his district
shall formally declare before a god that nothing belonging to him is lost, and
he must double anything for which he has brought a claim and give to the
district.]
278.
If any one buy a male or female slave, and before a month has elapsed the
benu-disease be developed, he shall return the slave to the seller, and receive
the money which he had paid.
279.
If any one buy a male or female slave, and a third party claim it
[and he or she becomes liable
to a claim], the seller is liable for the
claim.
280.
If while in a foreign country a man buy a male or female slave belonging to
another of his own country; if when he return home the owner of the male or
female slave recognize it: if the male or female slave be a native of the
country, he shall give them back without any money.
281.
If they are from another country, the buyer shall declare the amount of money
paid therefor
to the
merchant, and keep the male or female
slave [and the owner of the
slave or the slave-girl shall give the money which he has paid to the merchant
and shall redeem his slave or slave-girl].
Price
and Wage control?
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.
111.
If an inn-keeper furnish sixty ka of usakani-drink to . . . she shall receive
fifty ka of corn at the harvest.
121.
If any one store corn in another man's house he shall pay him storage at the
rate of one gur for every five ka of corn per year.
215.
If a physician make a large incision with an operating knife and cure it, or if
he open a tumor (over the eye) with an operating knife, and saves the eye, he
shall receive ten shekels in money
[of
silver].
216.
If the patient be a freed man, he receives five shekels
[of
silver].
217.
If he be the slave of some one, his owner shall give the physician two shekels
[of
silver].
221.
If a physician heal the broken bone or diseased soft part of a man, the patient
shall pay the physician five shekels in money
[of
silver].
222.
If he were a freed man he shall pay three shekels.
[of
silver]
223.
If he were a slave his owner shall pay the physician two shekels
[of
silver].
224.
If a veterinary surgeon perform a serious operation on an ass or an ox, and cure
it, the owner shall pay the surgeon one-sixth of a shekel
[of a piece of
silver] as a fee.
228.
If a builder build a house for some one and complete it, he shall give him a fee
of two shekels in money for each sar of surface.
234.
If a shipbuilder build a boat of sixty gur
[caulked a ship having
burthen of 1 gur] for a man, he shall pay
him a fee of two shekels in money
[of
silver].
239.
If a man hire a sailor, he shall pay him six gur of corn per year.
241.
If any one impresses an ox for forced labor, he shall pay one-third of a mina in
money.
242.
If any one hire oxen for a year, he shall pay four gur of corn for plow-oxen
[the hire of
rear-ox].
243.
As rent of herd cattle [a
fore-ox] he shall pay three gur of corn to
the owner.
257.
If any one hire a field laborer, he shall pay him eight gur of corn per year.
258.
If any one hire an ox-driver, he shall pay him six gur of corn per year.
261.
If any one hire a herdsman for cattle or sheep, he shall pay him eight gur of
corn per annum.
268.
If any one hire an ox for threshing, the amount of the hire is twenty ka
[sila]
of corn.
269.
If he hire an ass for threshing, the hire is twenty
[ten]
ka
[sila]
of corn.
270.
If he hire a young animal for threshing, the hire is ten
[one]
ka
[sila]
of corn.
271.
If any one hire oxen, cart and driver, he shall pay one hundred and eighty ka
[sila]
of corn per day.
272.
If any one hire a cart alone, he shall pay forty ka
[sila]
of corn per day.
273.
If any one hire a day laborer, he shall pay him from the New Year until the
fifth month (April to August, when days are long and the work hard) six gerahs
in money [grains of
silver] per day; from the sixth month to
the end of the year he shall give him five gerahs
[grains of
silver] per day.
274.
If any one hire a skilled 𐀀rtisan, he shall pay as wages of the . . .
five gerahs [grains of
silver], as wages of the potter five
gerahs [grains of
silver], of a tailor five gerahs
[grains of
silver], of . . . gerahs
[grains of
silver], . . . of a ropemaker four gerahs
[grains of
silver], of . . .. gerahs
[grains of
silver], of a mason . . . gerahs
[grains of
silver] per day.
275.
If any one hire a ferryboat
[barge]
he shall pay three gerahs in money
[grains of silver]
per day.
276.
If he hire a freight-boat
[galley],
he shall pay two and one-half gerahs
[grains of
silver] per day.
277.
If any one hire a ship of sixty
[one]
gur, he shall pay one-sixth of a shekel in
money as its hire per day.
Family
Law
128.
If a man take a woman to wife,
but have no
intercourse with her [and has
not drawn up a contract for her], this
woman is no wife to him.
129.
If a man's wife be surprised (in flagrante delicto) 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 [has stopped the
cries of] violate the wife (betrothed or
child-wife) of another man, who has never known a man, and still lives in her
father's house, and sleep with her and be surprised, this man shall be put to
death, but the wife is blameless.
131.
If a man bring 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 [takes himself off]
is taken
prisoner in war, and there is a sustenance
in his house, but his wife leave house and court, and go 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.
[In this and the next two,
there is some real uncertainty as to whether the words mean "takes himself off"
or "is taken prisoner" or perhaps even "is imprisoned for debt."]
134.
If any one [takes himself off]
be captured in war and there is not
sustenance in his house, if then his wife go to another house this woman shall
be held blameless.
135.
If a man [takes himself off]
be taken prisoner in war and there be no
sustenance in his house and his wife go to another house and bear children; and
if later her husband return and come to his home: then this wife shall return to
her husband, but the children follow their father.
136.
If any one leave his house, run away, and then his wife go to another house, if
then he return, 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 wish to separate from a
[lay sister]
woman who has borne him children, or from
[a priestess who has provided
him with sons] 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
[not born him
sons], 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
[silver]
as a gift of release.
140.
If he be a freed man he shall give her one-third of a mina of gold
[silver].
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 offer 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
take another wife, she shall remain as servant in her husband's house.
142.
If a woman quarrel with her husband, and say: "You are not congenial to me,"
["you shall not have the use
of 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 [has
not kept herself chaste], but leaves her
husband, and ruins her house, neglecting her husband, this woman shall be cast
into the water.
144.
If a man take a wife [has
married a priestess] and this woman give
her husband a maid-servant, and she bear him children, but this man wishes to
[marry a lay-sister]
take another wife, this shall not be
permitted to him; he shall not take a second wife.
145.
If a man [has married a
priestess] take a wife, and she bear him
no children, and he intend to
[marry a lay-sister]
take another wife: if he take this second
wife, and bring her into the house, this second wife shall not be allowed
equality with his wife.
146.
If a man [has married a
priestess] take a wife and she give this
man a maid-servant as wife and she bear him children, and then this maid assume
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 have not borne him children, then her mistress may sell her for money.
148.
If a man take a wife, and she be seized by disease, if he then desire 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 give his wife a field, garden, and house and
[has executed a sealed tablet
or her] a deed 𐀀rtisan𐀀e, 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.
151.
If a woman who lived in a man's house made an agreement with her husband, that
no creditor can arrest her, and has given a document 𐀀rtisan𐀀e: if
that man, before he married that woman, had a debt, the creditor can not hold
the woman for it. But if the woman, before she entered the man's house, had
contracted a debt, her creditor can not arrest her husband
𐀀rtisan𐀀e.
152.
If after the woman had entered the man's house, both contracted a debt, both
must pay the merchant.
153.
If the wife of one man on account of another man has their mates (her husband
and the other man's wife) murdered, both of them shall be impaled.
154.
If a man be 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 have intercourse with her, but
he (the father) afterward defile her, and be surprised, then he shall be bound
and cast into the water (drowned).
156.
If a man betroth a girl to his son, but his son has not known her, and if then
he defile her, he shall pay her half a gold
[silver]
mina, and compensate her for all that she
brought out of her father's house. She may marry the man of her heart.
157.
If any one be guilty of incest with his mother after his father, both shall be
burned.
158.
If any one be surprised after his father with his chief wife, who has borne
children, he shall be driven out of his father's house.
159.
If any one, 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 bring chattels into the house of his father-in-law, and pay the
"purchase price" (for his wife): if then the father of the girl say: "I will not
give you my daughter," he shall
[double and]
give him back all that he brought with
him.
161.
If a man bring chattels into his father-in-law's house and pay the "purchase
price," if then his friend slander him, and his father-in-law say to the young
husband: "You shall not marry my daughter," then he shall give back to him
undiminished all that he had brought with him; but his wife shall not be married
to the friend.
162.
If a man marry 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 marry a woman and she bear him no sons; if then this woman die, 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.
164. If his father-in-law do not pay back to him the amount
of the "purchase price" he may subtract the amount of the "Purchase price" from
the dowry, and then pay the remainder to her father's house.
165.
If a man give to one of his sons whom he prefers a field, garden, and house, and
a deed 𐀀rtisan𐀀e: if later the father die, and the brothers divide
the estate, then they shall first give him the present of his father, and he
shall accept it; and the rest of the paternal property shall they divide.
166.
If a man take wives for his son, but take no wife for his minor son, and if then
he die: if the sons divide the estate, they shall set aside besides his portion
the money for the "purchase price" for the minor brother who had taken no wife
as yet, and secure a wife for him.
167.
If a man marry a wife and she bear him children: if this wife die and he then
take another wife and she bear him children: if then the father die, the sons
must not partition the estate according to the mothers, they shall divide the
dowries of their mothers only in this way; the paternal estate they shall divide
equally with one another.
168.
If a man wish to put his son out of his house, and declare before the judge: "I
want to put my son out," then the judge shall examine into his reasons. If the
son be guilty of no great fault, for which he can be rightfully put out, the
father shall not put him out.
169.
If he be 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.
170.
If his wife bear sons to a man, or his maid-servant have borne sons, and the
father while still living says to the children whom his maid-servant has borne:
"My sons," and he count them with the sons of his wife; if then the father die,
then the sons of the wife and of the maid-servant shall divide the paternal
property in common. The son of the wife is to partition and choose.
171.
If, however, the father while still living did not say to the sons of the
maid-servant: "My sons," and then the father dies, then the sons of the
maid-servant 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 have no right to
enslave the sons of the maid; the wife shall take her dowry (from her father),
and the gift that her husband gave her and deeded to her (separate from dowry,
or the purchase-money paid her father), and live in the home of her husband: so
long as she lives she shall use it, it shall not be sold for money. Whatever she
leaves shall belong to her children.
172.
If her husband made her no gift, she shall be compensated for her gift, and she
shall receive a portion from the estate of her husband, equal to that of one
child. If her sons oppress her, to force her out of the house, the judge shall
examine into the matter, and if the sons are at fault the woman shall not leave
her husband's house. If the woman desire to leave the house, she must leave to
her sons the gift which her husband gave her, but she may take the dowry of her
father's house. Then she may marry the man of her heart.
173.
If this woman bear sons to her second husband, in the place to which she went,
and then die, her earlier and later sons shall divide the dowry between them.
174.
If she bear no sons to her second husband, the sons of her first husband shall
have the dowry.
175.
If a State slave or the slave of a freed man marry 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.
176.
If, however, a State slave or the slave 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 enjoy it and found a household, and accumulate means, if then the slave
die, then she who was free born may take her dowry, and all that her husband and
she had earned; she shall divide them into two parts, one-half the master for
the slave shall take, and the other half shall the free-born woman take for her
children. If the free-born woman had no gift she shall take all that her husband
and she had earned and divide it into two parts; and the master of the slave
shall take one-half and she shall take the other for her children.
[the wife takes all her dowry,
half of what she and her husband had earned]
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
enter 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
house-hold utensils. He who buys the utensils of the children of a widow shall
lose his money, and the goods shall return to their owners.
178.
If a "devoted woman" or a prostitute
[high-priestess or a priestess
or an epicene] to whom her father has
given a dowry and a deed 𐀀rtisan𐀀e, but if in this deed it is not
stated that she may bequeath it as she pleases, and has not explicitly stated
that she has the right of disposal; if then her father die, then her brothers
shall hold her field and garden, and give her corn, oil, and milk according to
her portion, and satisfy her. If her brothers do not give her corn, oil, and
milk according to her share, then her field and garden shall support her. She
shall have the usufruct of field and garden and all that her father gave her so
long as she lives, but she can not sell or assign it to others. Her position of
inheritance belongs to her brothers.
179.
If [the father of the
high-priestess or a priestess or an epicene has bestowed a dowry o her]
a "sister of a god," or a prostitute,
receive a gift from her father, and a deed in which it has been explicitly
stated that she may dispose of it as she pleases, and give her complete
disposition thereof: if then her father die, then she may leave her property to
whomsoever she pleases. Her brothers can raise no claim thereto.
180.
If a father give a present to his daughter--either marriageable or a prostitute
(unmarriageable)--and [if a
father has not bestowed a dowry on his daughter who is a priestess in a cloister
or an epicene] then die, then she is to
receive a portion as a child from the paternal estate, and enjoy its usufruct so
long as she lives. Her estate belongs to her brothers.
181.
If a father devote a temple-maid or temple-virgin to God and give her no present
[dowry]:
if then the father die, she shall receive the third of a child's portion from
the inheritance of her father's house, and enjoy its usufruct so long as she
lives. Her estate belongs to her brothers.
182.
If a father devote his daughter as a wife of Mardi of Babylon (as in 181), and
give her no present, nor a deed; if then her father die, then shall she receive
one-third of her portion as a child of her father's house from her brothers, but
Marduk may leave her estate to whomsoever she wishes.
183.
If a man give
his
daughter by a concubine
[his daughter who is a
lay-sister] a dowry, and a husband, and a
deed; if then her father die, she shall receive no portion from the paternal
estate.
184.
If a man do not give a dowry to his daughter
by a
concubine [who is a
lay-sister], and no husband; if then her
father die, her brother shall give her a dowry according to her father's wealth
and secure a husband for her.
185.
If a man adopt a child and to his name as son, and rear him, this grown son can
not be demanded back again.
186.
If a man adopt a son, and if after he has taken him he
[persist in searching for its
father and its mother] injure his foster
father and mother, then this adopted son shall return to his father's house.
187.
The son of a paramour in the palace service, or of a prostitute, can not be
demanded back.
[The
(adopted) son of a chamberlain or the (adopted) son of an epicene shall not be
(re) claimed]
188.
If an 𐀀rtisan has undertaken to rear a child and teaches him his craft,
he can not 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
[count]
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.
191.
If a man, who had adopted a son and reared him, founded a household, and had
children, wish to put this adopted son out, then this son shall not simply go
his way. His adoptive father shall give him of his wealth one-third of a child's
portion, and then he may go. He shall not give him of the field, garden, and
house.
192.
If a son of a paramour or a prostitute
[the (adopted) son of a
chamberlain or the (adopted) son of an
epicene] say to his adoptive father or
mother: "You are not my father, or my mother," his tongue shall be cut off.
193.
If the son of a paramour or a prostitute
[the (adopted) son of a
chamberlain or the (adopted) son of an epicene]
desire
[has discovered]
his father's house, and desert his
adoptive father and adoptive mother, and goes to his father's house, then shall
his eye be put out.
Other
26.
If a chieftain 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.
Miscellaneous
stuff from Driver and Miles
[Some evidence
that the hire of an ox in the law is below that appearing in contemporary
documents]
[Some evidence
that 1 shekel=1 gur of corn]
[180
SE--"grains"=1 shekel]
[1 gur = 300
sila]
[Estimate that
wages in the law are from 1/2 to 1 shekel/month--but wages found in contracts
are higher. This suggests that the law may apply to transactions involving
public bodies]