(M133) § 141. If a man’s wife, living in her husband’s house, has

persisted in going out, has acted the fool, has wasted her house, has

belittled her husband, he shall prosecute her. If her husband has said, “I

divorce her,” she shall go her way; he shall give her nothing as her price

of divorce. If her husband has said, “I will not divorce her,” he may take

another woman to wife; the wife shall live as a slave in her husband’s

house.

(M134) § 142. If a woman has hated her husband and has said, “You shall

not possess me,” her past shall be inquired into, as to what she lacks. If

she has been discreet, and has no vice, and her husband has gone out, and

has greatly belittled her, that woman has no blame, she shall take her

marriage-portion and go off to her father’s house.

§ 143. If she has not been discreet, has gone out, ruined her house,

belittled her husband, she shall be drowned.

(M135) § 144. If a man has married a votary, and that votary has given a

maid to her husband, and so caused him to have children, and, if that man

is inclined to marry a concubine, that man shall not be allowed to do so,

he shall not marry a concubine.

§ 145. If a man has married a votary, and she has not granted him

children, and he is determined to marry a concubine, that man shall marry

the concubine, and bring her into his house, but the concubine shall not

place herself on an equality with the votary.

(M136) § 146. If a man has married a votary, and she has given a maid to

her husband, and the maid has borne children, and if afterward that maid

has placed herself on an equality with her mistress, because she has borne

children, her mistress shall not sell her, she shall place a slave-mark

upon her, and reckon her with the slave-girls.

§ 147. If she has not borne children, her mistress shall sell her.

(M137) § 148. If a man has married a wife and a disease has seized her, if

he is determined to marry a second wife, he shall marry her. He shall not

divorce the wife whom the disease has seized. In the home they made

together she shall dwell, and he shall maintain her as long as she lives.

§ 149. If that woman was not pleased to stay in her husband’s house, he

shall pay over to her the marriage-portion which she brought from her

father’s house, and she shall go away.

(M138) § 150. If a man has presented field, garden, house, or goods to his

wife, has granted her a deed of gift, her children, after her husband’s

death, shall not dispute her right; the mother shall leave it after her

death to that one of her children whom she loves best. She shall not leave

it to her kindred.

(M139) § 151. If a woman, who is living in a man’s house, has persuaded

her husband to bind himself, and grant her a deed to the effect that she

shall not be held for debt by a creditor of her husband’s; if that man had

a debt upon him before he married that woman, his creditor shall not take

his wife for it. Also, if that woman had a debt upon her before she

entered that man’s house, her creditor shall not take her husband for it.

§ 152. From the time that that woman entered into the man’s house they

together shall be liable for all debts subsequently incurred.

(M140) § 153. If a man’s wife, for the sake of another, has caused her

husband to be killed, that woman shall be impaled.

(M141) § 154. If a man has committed incest with his daughter, that man

shall be banished from the city.

(M142) § 155. If a man has betrothed a maiden to his son and his son has

known her, and afterward the man has lain in her bosom, and been caught,

that man shall be strangled and she shall be cast into the water.

§ 156. If a man has betrothed a maiden to his son, and his son has not

known her, and that man has lain in her bosom, he shall pay her half a

mina of silver, and shall pay over to her whatever she brought from her

father’s house, and the husband of her choice shall marry her.

(M143) § 157. If a man, after his father’s death, has lain in the bosom of

his mother, they shall both of them be burnt together.

(M144) § 158. If a man, after his father’s death, be caught in the bosom

of his step-mother, who has borne children, that man shall be cut off from

his father’s house.

(M145) § 159. If a man, who has presented a gift to the house of his

prospective father-in-law and has given the bride-price, has afterward

looked upon another woman and has said to his father-in-law, “I will not

marry your daughter”; the father of the girl shall keep whatever he has

brought as a present.

(M146) § 160. If a man has presented a gift to the house of his

prospective father-in-law, and has given the bride-price, but the father

of the girl has said, “I will not give you my daughter,” the father shall

return double all that was presented him.

(M147) § 161. If a man has brought a gift to the house of his prospective

father-in-law, and has given the bride-price, but his comrade has

slandered him and his father-in-law has said to the suitor, “You shall not

marry my daughter,” [the father] shall return double all that was

presented him. Further, the comrade shall not marry the girl.

(M148) § 162. If a man has married a wife, and she has borne him children,

and that woman has gone to her fate, her father shall lay no claim to her

marriage-portion. Her marriage-portion is her children’s only.

§ 163. If a man has married a wife, and she has not borne him children,

and that woman has gone to her fate; if his father-in-law has returned to

him the bride-price, which that man brought into the house of his

father-in-law, her husband shall have no claim on the marriage-portion of

that woman. Her marriage-portion indeed belongs to her father’s house.

§ 164. If the father-in-law has not returned the bride-price, the husband

shall deduct the amount of her bride-price from her marriage-portion, and

shall return her marriage-portion to her father’s house.

(M149) § 165. If a man has presented field, garden, or house to his son,

the first in his eyes, and has written him a deed of gift; after the

father has gone to his fate, when the brothers share, he shall keep the

present his father gave him, and over and above shall share equally with

them in the goods of his father’s estate.

(M150) § 166. If a man has taken wives for the other sons he had, but has

not taken a wife for his young son, after the father has gone to his fate,

when the brothers share, they shall set aside from the goods of their

father’s estate money, as a bride-price, for their young brother, who has

not married a wife, over and above his share, and they shall cause him to

take a wife.

(M151) § 167. If a man has taken a wife, and she has borne him children

and that woman has gone to her fate, and he has taken a second wife, and

she also has borne children; after the father has gone to his fate, the

sons shall not share according to mothers, but each family shall take the

marriage-portion of its mother, and all shall share the goods of their

father’s estate equally.

(M152) § 168. If a man has determined to disinherit his son and has

declared before the judge, “I cut off my son,” the judge shall inquire

into the son’s past, and, if the son has not committed a grave misdemeanor

such as should cut him off from sonship, the father shall disinherit his

son.

§ 169. If he has committed a grave crime against his father, which cuts

off from sonship, for the first offence he shall pardon him. If he has

committed a grave crime a second time, the father shall cut off his son

from sonship.

(M153) § 170. If a man has had children borne to him by his wife, and also

by a maid, if the father in his lifetime has said, “My sons,” to the

children whom his maid bore him, and has reckoned them with the sons of

his wife; then after the father has gone to his fate, the children of the

wife and of the maid shall share equally. The children of the wife shall

apportion the shares and make their own selections.

§ 171. And if the father, in his lifetime, has not said, “My sons,” to the

children whom the maid bore him, after the father has gone to his fate,

the children of the maid shall not share with the children of the wife in

the goods of their father’s house. The maid and her children, however,

shall obtain their freedom. The children of the wife have no claim for

service on the children of the maid.

(M154) The wife shall take her marriage-portion, and any gift that her

husband has given her and for which he has written a deed of gift and she

shall dwell in her husband’s house; as long as she lives, she shall enjoy

it, she shall not sell it. After her death it is indeed her children’s.

§ 172. If her husband has not given her a gift, her marriage-portion shall

be given her in full, and, from the goods of her husband’s estate, she

shall take a share equal to that of one son.

(M155) If her children have persecuted her in order to have her leave the

house, and the judge has inquired into her past, and laid the blame on the

children, that woman shall not leave her husband’s house. If that woman

has determined to leave, she shall relinquish to her children the gift her

husband gave her, she shall take the marriage-portion of her father’s

estate, and the husband of her choice may marry her.

(M156) § 173. If that woman, where she has gone, has borne children to her

later husband, after that woman has died, the children of both marriages

shall share her marriage-portion.

§ 174. If she has not borne children to her later husband, the children of

her first husband shall take her marriage-portion.

(M157) § 175. If either a slave of a patrician, or of a plebeian, has

married the daughter of a free man, and she has borne children, the owner

of the slave shall have no claim for service on the children of a free

woman. And if a slave, either of a patrician or of a plebeian, has married

a free woman and when he married her she entered the slave’s house with a

marriage-portion from her father’s estate, be he slave of a patrician or

of a plebeian, and from the time that they started to keep house, they

have acquired property; after the slave, whether of a patrician or of a

plebeian, has gone to his fate, the free woman shall take her

marriage-portion, and whatever her husband and she acquired, since they

started house-keeping. She shall divide it into two portions. The master

of the slave shall take one half, the other half the free woman shall take

for her children.

§ 176. If the free woman had no marriage-portion, whatever her husband and

she acquired since they started house-keeping he shall divide into two

portions. The owner of the slave shall take one half, the other half the

free woman shall take for her children.

(M158) § 177. If a widow, whose children are young, has determined to

marry again, she shall not marry without consent of the judge. When she is

allowed to remarry, the judge shall inquire as to what remains of the

property of her former husband, and shall intrust the property of her

former husband to that woman and her second husband. He shall give them an

inventory. They shall watch over the property, and bring up the children.

Not a utensil shall they sell. A buyer of any utensil belonging to the

widow’s children shall lose his money and shall return the article to its

owners.

(M159) § 178. If a female votary, or vowed woman, has had given her by her

father a portion, as for marriage, and he has written her a deed, and in

the deed which he has written her he has not written that she may leave it

as she pleases, and has not granted her all her desire; after her father

has gone to his fate, her brothers shall take her field, or garden, and,

according to the value of her share, shall give her corn, oil, and wool,

and shall content her heart. If they do not give her corn, oil, and wool,

according to the value of her share, and do not satisfy her, she shall let

her field and garden to a farmer, whom she chooses, and the farmer shall

support her. The field, garden, or whatever her father gave her, she shall

enjoy, as long as she lives. She shall not sell it, nor mortgage it. The

reversion of her inheritance indeed belongs to her brothers.

(M160) § 179. If a female votary, or vowed woman, has had a portion given

her by her father, and he has written her a deed, and in the deed that he

has written her has [declared] that she may give it as she pleases, and

has granted her all her desire; after her father has gone to his fate, she

shall leave it as she pleases; her brothers shall make no claim against

her.

(M161) § 180. If the father has not given a portion to his daughter, who

is a female votary, or vowed woman; after her father has gone to his fate,

she shall share in the property of her father’s house, like any other

child. As long as she lives, she shall enjoy her share; after her, it

indeed belongs to her brothers.

(M162) § 181. If a father has vowed his daughter to a god, as a temple

maid, or a virgin, and has given her no portion; after the father has gone

to his fate, she shall share in the property of her father’s estate,

taking one-third of a child’s share. She shall enjoy her share, as long as

she lives. After her, it belongs to her brothers.

(M163) § 182. If a father has not given a portion, as for marriage, to his

daughter, a votary of Marduk of Babylon, and has not written her a deed;

after her father has gone to his fate, she shall share with her brothers

from the goods of her father’s estate, taking one-third of a child’s

share. She shall not be subject to duty. The votary of Marduk shall leave

it after her to whom she pleases.

(M164) § 183. If a father has given a portion, as for marriage, to his

daughter by a concubine, and has given her to a husband, and has written

her a deed; after her father has gone to his fate, she shall not share in

the goods of her father’s house.

(M165) § 184. If a man has not given a portion, as for marriage, to his

daughter by a concubine, and has not given her to a husband; after her

father has gone to his fate, her brothers shall present her with a

marriage-portion, according to the wealth of her father’s estate, and

shall give her to a husband.

(M166) § 185. If a man has taken a young child, a natural son of his, to

be his son, and has brought him up, no one shall make a claim against that

foster child.

(M167) § 186. If a man has taken a young child to be his son, and after he

has taken him, the child discover his own parents, he shall return to his

father’s house.

§ 187. The son of a royal favorite, of one that stands in the palace, or

the son of a votary shall not be reclaimed.

(M168) §§ 188, 189. If a craftsman has taken a child to bring up and has

taught him his handicraft, he shall not be reclaimed. If he has not taught

him his handicraft that foster child shall return to his father’s house.

(M169) § 190. If a man has brought up the child, whom he has taken to be

his son, but has not reckoned him with his sons, that foster child shall

return to his father’s house.

(M170) § 191. If a man has brought up the child, whom he took to be his

son, and then sets up a home, and after he has acquired children, decides

to disinherit the foster child, that son shall not go his way [penniless];

the father that brought him up shall give him one-third of a son’s share

in his goods and he shall depart. He shall not give him field, garden, or

house.

(M171) § 192. If the son of a palace favorite or the son of a vowed woman

has said to the father that brought him up, “You are not my father,” or to

the mother that brought him up, “You are not my mother,” his tongue shall

be cut out.

§ 193. If the son of a palace favorite or the son of a vowed woman has

come to know his father’s house and has hated his father that brought him

up, or his mother that brought him up, and shall go off to his father’s

house, his eyes shall be torn out.

(M172) § 194. If a man has given his son to a wet-nurse to suckle, and

that son has died in the hands of the nurse, and the nurse, without

consent of the child’s father or mother, has nursed another child, they

shall prosecute her; because she has nursed another child, without consent

of the father or mother, her breasts shall be cut off.

(M173) § 195. If a son has struck his father, his hands shall be cut off.

(M174) § 196. If a man has knocked out the eye of a patrician, his eye

shall be knocked out.

§ 197. If he has broken the limb of a patrician, his limb shall be broken.

§ 198. If he has knocked out the eye of a plebeian or has broken the limb

of a plebeian, he shall pay one mina of silver.

§ 199. If he has knocked out the eye of a patrician’s servant, or broken

the limb of a patrician’s servant, he shall pay half his value.

§ 200. If a patrician has knocked out the tooth of a man that is his

equal, his tooth shall be knocked out.

§ 201. If he has knocked out the tooth of a plebeian, he shall pay

one-third of a mina of silver.

(M175) § 202. If a man has smitten the privates of a man, higher in rank

than he, he shall be scourged with sixty blows of an ox-hide scourge, in

the assembly.

§ 203. If a man has smitten the privates of a patrician of his own rank,

he shall pay one mina of silver.

§ 204. If a plebeian has smitten the privates of a plebeian, he shall pay

ten shekels of silver.

§ 205. If the slave of anyone has smitten the privates of a free-born man,

his ear shall be cut off.

(M176) § 206. If a man has struck another in a quarrel, and caused him a

permanent injury, that man shall swear, “I struck him without malice,” and

shall pay the doctor.

§ 207. If he has died of his blows, [the man] shall swear [similarly], and

pay one-half a mina of silver; or,

§ 208. If [the deceased] was a plebeian, he shall pay one-third of a mina

of silver.

(M177) § 209. If a man has struck a free woman with child, and has caused

her to miscarry, he shall pay ten shekels for her miscarriage.

§ 210. If that woman die, his daughter shall be killed.

§ 211. If it be the daughter of a plebeian, that has miscarried through

his blows, he shall pay five shekels of silver.

§ 212. If that woman die, he shall pay half a mina of silver.

§ 213. If he has struck a man’s maid and caused her to miscarry, he shall

pay two shekels of silver.

§ 214. If that woman die, he shall pay one-third of a mina of silver.

(M178) § 215. If a surgeon has operated with the bronze lancet on a

patrician for a serious injury, and has cured him, or has removed with a

bronze lancet a cataract for a patrician, and has cured his eye, he shall

take ten shekels of silver.

§ 216. If it be plebeian, he shall take five shekels of silver.

§ 217. If it be a man’s slave, the owner of the slave shall give two

shekels of silver to the surgeon.

(M179) § 218. If a surgeon has operated with the bronze lancet on a

patrician for a serious injury, and has caused his death, or has removed a

cataract for a patrician, with the bronze lancet, and has made him lose

his eye, his hands shall be cut off.

§ 219. If the surgeon has treated a serious injury of a plebeian’s slave,

with the bronze lancet, and has caused his death, he shall render slave

for slave.

§ 220. If he has removed a cataract with the bronze lancet, and made the

slave lose his eye, he shall pay half his value.

(M180) § 221. If a surgeon has cured the limb of a patrician, or has

doctored a diseased bowel, the patient shall pay five shekels of silver to

the surgeon.

§ 222. If he be a plebeian, he shall pay three shekels of silver.

§ 223. If he be a man’s slave, the owner of the slave shall give two

shekels of silver to the doctor.

(M181) § 224. If a veterinary surgeon has treated an ox, or an ass, for a

severe injury, and cured it, the owner of the ox, or the ass, shall pay

the surgeon one-sixth of a shekel of silver, as his fee.

§ 225. If he has treated an ox, or an ass, for a severe injury, and caused

it to die, he shall pay one-quarter of its value to the owner of the ox,

or the ass.

(M182) § 226. If a brander has cut out a mark on a slave, without the

consent of his owner, that brander shall have his hands cut off.

§ 227. If someone has deceived the brander, and induced him to cut out a

mark on a slave, that man shall be put to death and buried in his house;

the brander shall swear, “I did not mark him knowingly,” and shall go

free.

(M183) § 228. If a builder has built a house for a man, and finished it,

he shall pay him a fee of two shekels of silver, for each _SAR_ built on.

§ 229. If a builder has built a house for a man, and has not made his work

sound, and the house he built has fallen, and caused the death of its

owner, that builder shall be put to death.

§ 230. If it is the owner’s son that is killed, the builder’s son shall be

put to death.

§ 231. If it is the slave of the owner that is killed, the builder shall

give slave for slave to the owner of the house.

§ 232. If he has caused the loss of goods, he shall render back whatever

he has destroyed. Moreover, because he did not make sound the house he

built, and it fell, at his own cost he shall rebuild the house that fell.

§ 233. If a builder has built a house for a man, and has not keyed his

work, and the wall has fallen, that builder shall make that wall firm at

his own expense.

(M184) § 234. If a boatman has built a boat of sixty _GUR_ for a man, he

shall pay him a fee of two shekels of silver.

§ 235. If a boatman has built a boat for a man, and has not made his work

sound, and in that same year that boat is sent on a voyage and suffers

damage, the boatman shall rebuild that boat, and, at his own expense,

shall make it strong, or shall give a strong boat to the owner.

(M185) § 236. If a man has let his boat to a boatman, and the boatman has

been careless and the boat has been sunk or lost, the boatman shall

restore a boat to the owner.

(M186) § 237. If a man has hired a boat and boatman, and loaded it with

corn, wool, oil, or dates, or whatever it be, and the boatman has been

careless, and sunk the boat, or lost what is in it, the boatman shall

restore the boat which he sank, and whatever he lost that was in it.

§ 238. If a boatman has sunk a man’s boat, and has floated it again, he

shall pay half its value in silver.

§ 239. If a man has hired a boatman, he shall pay him six _GUR_ of corn

yearly.

(M187) § 240. If a boat, on its course, has run into a boat at anchor, and

sunk it, the owner of the boat that was sunk shall estimate on oath

whatever was lost in his boat, and the owner of the moving vessel, which

sank the boat at anchor, shall make good his boat and what was lost in it.

(M188) § 241. If a man has levied a distraint on a working ox, he shall

pay one-third of a mina of silver.

(M189) § 242. If a man has hired a working ox for one year, its hire is

four _GUR_ of corn.

§ 243. As the hire of a milch cow one shall give three _GUR_ of corn to

its owner.

(M190) § 244. If a man has hired an ox, or an ass, and a lion has killed

it in the open field, the loss falls on its owner.

(M191) § 245. If a man has hired an ox and has caused its death, by

carelessness, or blows, he shall restore ox for ox, to the owner of the

ox.

§ 246. If a man has hired an ox, and has broken its leg, or cut its neck

(?), he shall restore ox for ox, to the owner of the ox.

§ 247. If a man has hired an ox, and knocked out its eye, he shall pay to

the owner of the ox half its value.

(M192) § 248. If a man has hired an ox, and has broken its horn, cut off

its tail, or torn its muzzle, he shall pay one-quarter of its value.

§ 249. If a man has hired an ox, and God has struck it, and it has died,

the man that hired the ox shall make affidavit and go free.

(M193) § 250. If a bull has gone wild and gored a man, and caused his

death, there can be no suit against the owner.

(M194) § 251. If a man’s ox be a gorer, and has revealed its evil

propensity as a gorer, and he has not blunted its horn, or shut up the ox,

and then that ox has gored a free man, and caused his death, the owner

shall pay half a mina of silver.

§ 252. If it be a slave that has been killed, he shall pay one-third of a

mina of silver.

(M195) § 253. If a man has set another over his field, hired him, allotted

him tools, and intrusted him with oxen for cultivating the field and

provided harnesses for them, and if that man has appropriated the seed or

provender, and they have been found in his possession, his hands shall be

cut off.

§ 254. If he has taken the provender or rations and has enfeebled the

oxen, he shall make it good from the corn he has hoed.

§ 255. If he has let out the man’s oxen for hire, or stolen the seed-corn,

or has not produced a crop, that man shall be prosecuted, and he shall pay

sixty _GUR_ of corn for each _GAN_.

§ 256. If he is not able to pay his compensation, he shall be torn in

pieces on that field by the oxen.

(M196) § 257. If a man has hired a field-laborer, he shall pay him eight

_GUR_ of corn yearly.

§ 258. If anyone has hired an ox-herd he shall pay him six _GUR_ of corn

yearly.

Babylonian and Assyrian Laws, Contracts and Letters · 第 5 / 34 段