NOTE.--Here five columns of the monument have been erased, o

Transcribed from the 1903 T. & T. Clark edition by David Price, email

ccx074@coventry.ac.uk

THE OLDEST CODE OF LAWS IN THE WORLD

THE CODE OF LAWS PROMULGATED BY

HAMMURABI, KING OF BABYLON

B.C. 2285-2242

_TRANSLATED_

BY

C. H. W. JOHNS, M.A.

LECTURER IN ASSYRIOLOGY, QUEENS' COLLEGE, CAMBRIDGE

AUTHOR OF "ASSYRIAN DEEDS AND DOCUMENTS"

"AN ASSYRIAN DOOMSDAY BOOK"

EDINBURGH

T. & T. CLARK, 38 GEORGE STREET

1903

PRINTED BY

MORRISON AND GIBB LIMITED

FOR

T. & T. CLARK, EDINBURGH

LONDON: SIMPKIN, MARSHALL, HAMILTON, KENT, AND CO. LIMITED

NEW YORK: CHARLES SCRIBNER'S SONS

FIRST IMPRESSION . . . _February_ 1903.

SECOND IMPRESSION . . . _March_ 1903.

THIRD IMPRESSION . . . _May_ 1903.

FOURTH IMPRESSION . . . _June_ 1903.

"The discovery and decipherment of this Code is the greatest event in

Biblical Archaeology for many a day. A translation of the Code, done by

Mr. Johns of Queens' College, Cambridge, the highest living authority on

this department of study, has just been published by Messrs. T. & T.

Clark in a cheap and attractive booklet. Winckler says it is the most

important Babylonian record which has thus far been brought to

light."--_The Expository Times_.

INTRODUCTION

The Code of Hammurabi is one of the most important monuments in the

history of the human race. Containing as it does the laws which were

enacted by a king of Babylonia in the third millennium B.C., whose rule

extended over the whole of Mesopotamia from the mouths of the rivers

Tigris and Euphrates to the Mediterranean coast, we must regard it with

interest. But when we reflect that the ancient Hebrew tradition ascribed

the migration of Abraham from Ur of the Chaldees to this very period, and

clearly means to represent their tribe father as triumphing over this

very same Hammurabi (Amraphel, Gen. xiv. 1), we can hardly doubt that

these very laws were part of that tradition. At any rate, they must have

served to mould and fix the ideas of right throughout that great empire,

and so form the state of society in Canaan when, five hundred years

later, the Hebrews began to dominate that region.

Such was the effect produced on the minds of succeeding generations by

this superb codification of the judicial decisions of past ages, which

had come to be regarded as 'the right,' that two thousand years and more

later it was made a text-book for study in the schools of Babylonia,

being divided for that purpose into some twelve chapters, and entitled,

after the Semitic custom, _Ninu ilu sirum_, from its opening words. In

Assyria also, in the seventh century B.C., it was studied in a different

edition, apparently under the name of 'The Judgments of Righteousness

which Hammurabi, the great king, set up.' These facts point to it as

certain to affect Jewish views before and after the Exile, in a way that

we may expect to find as fundamental as the Babylonian influence in

cosmology or religion.

For many years fragments have been known, have been studied, and from

internal evidence ascribed to the period of the first dynasty of Babylon,

even called by the name Code Hammurabi. It is just cause for pride that

Assyriology, so young a science as only this year to have celebrated the

centenary of its birth, is able to emulate astronomy and predict the

discovery of such bright stars as this. But while we certainly should

have directed our telescopes to Babylonia for the rising of this light

from the East, it was really in Elam, at Susa, the old Persepolis, that

the find was made. The Elamites were the great rivals of Babylonia for

centuries, and it seems likely that some Elamite conqueror carried off

the stone from a temple at Sippara, in Babylonia.

However that may be, we owe it to the French Government, who have been

carrying on explorations at Susa for years under the superintendence of

M. J. de Morgan, that a monument, only disinterred in January, has been

copied, transcribed, translated, and published, in a superb quarto

volume, by October. The ancient text is reproduced by photogravure in a

way that enables a student to verify word by word what the able editor,

Father V. Scheil, _Professeur a l'Ecole des Hautes-Etudes_, has given as

his reading of the archaic signs. The volume, which appears as _Tome

IV., Textes Elamites-Semitiques_, of the _Memoires de la Delegation en

Perse_ (Paris, Leroux, 1902), is naturally rather expensive for the

ordinary reader. Besides, the rendering of the eminent French savant,

while distinguished by that clear, neat phrasing which is so charming a

feature of all his work, is often rather a paraphrase than a translation.

The ordinary reader who desires to estimate for himself the importance of

the new monument will be forced to wonder how and why the same word in

the original gets such different renderings. Prolonged study will be

needed to bring out fully the whole meaning of many passages, and it may

conduce to such a result to present the public with an alternative

rendering in an English dress. Needless to say, scholars will continue

to use Scheil's edition as the ultimate source, but for comparative

purposes a literal translation may be welcome as an introduction.

The monument itself consists of a block of black diorite, nearly eight

feet high, found in pieces, but readily rejoined. It contains on the

obverse a very interesting representation of the King Hammurabi,

receiving his laws from the seated sun-god Samas, 'the judge of heaven

and earth.' Then follow, on the obverse, sixteen columns of writing with

1114 lines. There were five more columns on this side, but they have

been erased and the stone repolished, doubtless by the Elamite conqueror,

who meant to inscribe his name and titles there. As we have lost those

five columns we may regret that he did not actually do this, but there is

now no trace of any hint as to who carried off the stone. On the reverse

side are twenty-eight columns with more than 2500 lines of inscription.

A great space, some 700 lines, is devoted by the king to setting out his

titles, his glory, his care for his subjects, his veneration of his gods,

and incidentally revealing the cities and districts under his rule, with

many interesting hints as to local cults. He also invokes blessing on

those who should preserve and respect his monument, and curses those who

should injure or remove it. A translation of this portion is not given,

as it is unintelligible without copious comment and is quite foreign to

the purpose of this book, which aims solely at making the Code

intelligible.

I desire to express my obligations to Dr. F. Carr for his many kind

suggestions as to the meaning of the Code.

The Index will, it is hoped, serve more or less as a digest of the Code.

One great difficulty of any translation of a law document must always be

that the technical expressions of one language cannot be rendered in

terms that are co-extensive. The rendering will have implications

foreign to the original. An attempt to minimise misconceptions is made

by suggesting alternative renderings in the Index. Further, by labelling

a certain section, as the law of incest, for example, one definitely

fixes the sense in which the translation is to be read. Hence it is

hoped that the Index will be no less helpful than the translation in

giving readers an idea of what the Code really meant.

No doubt this remarkable monument will be made the subject of many

valuable monographs in the future, which will greatly elucidate passages

now obscure. But it was thought that the interest of the subject

warranted an immediate issue of an English translation, which would place

the chief features of the Code before a wider public than those who could

read the original. The present translation is necessarily tentative in

many places, but it is hoped marks an advance over those already

published.

Dr. H. Winckler's rendering of the Code came into my hands after this

work was sent to the publishers, and I have not thought it necessary to

withdraw any of my renderings. In some points he has improved upon

Professor Scheil's work, in other points he is scarcely so good. But any

discussion is not in place here. I gratefully acknowledge my obligations

to both, but have used an independent judgment all through. I hope

shortly to set out my reasons for the differences between us in a larger

work. A few of Dr. Winckler's renderings are quoted in the Index, and

marked--Winckler's tr.

C. H. W. JOHNS.

CAMBRIDGE,

_January_ 31, 1903.

THE TEXT OF THE CODE

section 1. If a man weave a spell and put a ban upon a man, and has not

justified himself, he that wove the spell upon him shall be put to death.

section 2. If a man has put a spell upon a man, and has not justified

himself, he upon whom the spell is laid shall go to the holy river, he

shall plunge into the holy river, and if the holy river overcome him, he

who wove the spell upon him shall take to himself his house. If the holy

river makes that man to be innocent, and has saved him, he who laid the

spell upon him shall be put to death. He who plunged into the holy river

shall take to himself the house of him who wove the spell upon him.

section 3. If a man, in a case pending judgement, has uttered threats

against the witnesses, or has not justified the word that he has spoken,

if that case be a capital suit, that man shall be put to death.

section 4. If he has offered corn or money to the witnesses, he shall

himself bear the sentence of that case.

section 5. If a judge has judged a judgement, decided a decision,

granted a sealed sentence, and afterwards has altered his judgement, that

judge, for the alteration of the judgement that he judged, one shall put

him to account, and he shall pay twelvefold the penalty which was in the

said judgement, and in the assembly one shall expel him from his

judgement seat, and he shall not return, and with the judges at a

judgement he shall not take his seat.

section 6. If a man has stolen the goods of temple or palace, that man

shall be killed, and he who has received the stolen thing from his hand

shall be put to death.

section 7. If a man has bought silver, gold, manservant or maidservant,

ox or sheep or ass, or anything whatever its name, from the hand of a

man's son, or of a man's slave, without witness and bonds, or has

received the same on deposit, that man has acted the thief, he shall be

put to death.

section 8. If a man has stolen ox or sheep or ass, or pig, or ship,

whether from the temple or the palace, he shall pay thirtyfold. If he be

a poor man, he shall render tenfold. If the thief has nought to pay, he

shall be put to death.

section 9. If a man who has lost something of his, something of his that

is lost has been seized in the hand of a man, the man in whose hand the

lost thing has been seized has said, 'A giver gave it me,' or 'I bought

it before witnesses,' and the owner of the thing that is lost has said,

'Verily, I will bring witnesses that know my lost property,' the buyer

has brought the giver who gave it him and the witnesses before whom he

bought it, and the owner of the lost property has brought the witnesses

who know his lost property, the judge shall see their depositions, the

witnesses before whom the purchase was made and the witnesses knowing the

lost property shall say out before God what they know; and if the giver

has acted the thief he shall be put to death, the owner of the lost

property shall take his lost property, the buyer shall take the money he

paid from the house of the giver.

section 10. If the buyer has not brought the giver who gave it him and

the witnesses before whom he bought, and the owner of the lost property

has brought the witnesses knowing his lost property, the buyer has acted

the thief, he shall be put to death; the owner of the lost property shall

take his lost property.

section 11. If the owner of the lost property has not brought witnesses

knowing his lost property, he has lied, he has stirred up strife, he

shall be put to death.

section 12. If the giver has betaken himself to his fate, the buyer

shall take from the house of the giver fivefold as the penalty of that

case.

section 13. If that man has not his witnesses near, the judge shall set

him a fixed time, up to six months, and if within six months he has not

driven in his witnesses, that man has lied, he himself shall bear the

blame of that case.

section 14. If a man has stolen the son of a freeman, he shall be put to

death.

section 15. If a man has caused either a palace slave or palace maid, or

a slave of a poor man or a poor man's maid, to go out of the gate, he

shall be put to death.

section 16. If a man has harboured in his house a manservant or a

maidservant, fugitive from the palace, or a poor man, and has not

produced them at the demand of the commandant, the owner of that house

shall be put to death.

section 17. If a man has captured either a manservant or a maidservant,

a fugitive, in the open country and has driven him back to his master,

the owner of the slave shall pay him two shekels of silver.

section 18. If that slave will not name his owner he shall drive him to

the palace, and one shall enquire into his past, and cause him to return

to his owner.

section 19. If he confine that slave in his house, and afterwards the

slave has been seized in his hand, that man shall be put to death.

section 20. If the slave has fled from the hand of his captor, that man

shall swear by the name of God, to the owner of the slave, and shall go

free.

section 21. If a man has broken into a house, one shall kill him before

the breach and bury him in it (?).

section 22. If a man has carried on brigandage, and has been captured,

that man shall be put to death.

section 23. If the brigand has not been caught, the man who has been

despoiled shall recount before God what he has lost, and the city and

governor in whose land and district the brigandage took place shall

render back to him whatever of his was lost.

section 24. If it was a life, the city and governor shall pay one mina

of silver to his people.

section 25. If in a man's house a fire has been kindled, and a man who

has come to extinguish the fire has lifted up his eyes to the property of

the owner of the house, and has taken the property of the owner of the

house, that man shall be thrown into that fire.

section 26. If either a ganger or a constable, whose going on an errand

of the king has been ordered, goes not, or hires a hireling and sends him

in place of himself, that ganger or constable shall be put to death; his

hireling shall take to himself his house.

section 27. If a ganger or a constable, who is diverted to the

fortresses of the king, and after him one has given his field and his

garden to another, and he has carried on his business, if he returns and

regains his city, one shall return to him his field and his garden, and

he shall carry on his business himself.

section 28. If a ganger or a constable who is diverted to the fortresses

of the king, his son be able to carry on the business, one shall give him

field and garden and he shall carry on his father's business.

section 29. If his son is young and is not able to carry on his father's

business, one-third of the field and garden shall be given to his mother,

and his mother shall rear him.

section 30. If a ganger or a constable has left alone his field, or his

garden, or his house, from the beginning of his business, and has caused

it to be waste, a second after him has taken his field, his garden, or

his house, and has gone about his business for three years, if he returns

and regains his city, and would cultivate his field, his garden, and his

house, one shall not give them to him; he who has taken them and carried

on his business shall carry it on.

section 31. If it is one year only and he had let it go waste, and he

shall return, one shall give his field, his garden, and his house, and he

shall carry on his business.

section 32. If a ganger or a constable who is diverted on an errand of

the king's, a merchant has ransomed him and caused him to regain his

city, if in his house there is means for his ransom, he shall ransom his

own self; if in his house there is no means for his ransom, he shall be

ransomed from the temple of his city; if in the temple of his city there

is not means for his ransom, the palace shall ransom him. His field, his

garden, and his house shall not be given for his ransom.

section 33. If either a governor or a magistrate has taken to himself

the men of the levy, or has accepted and sent on the king's errand a

hired substitute, that governor or magistrate shall be put to death.

section 34. If either a governor or a magistrate has taken to himself

the property of a ganger, has plundered a ganger, has given a ganger to

hire, has stolen from a ganger in a judgement by high-handedness, has

taken to himself the gift the king has given the ganger, that governor or

magistrate shall be put to death.

section 35. If a man has bought the cattle or sheep which the king has

given to the ganger from the hand of the ganger, he shall be deprived of

his money.

section 36. The field, garden, and house of a ganger, or constable, or a

tributary, he shall not give for money.

section 37. If a man has bought the field, garden, or house of a ganger,

a constable, or a tributary, his tablet shall be broken and he shall be

deprived of his money. The field, garden, or house he shall return to

its owner.

section 38. The ganger, constable, or tributary shall not write off to

his wife, or his daughter, from the field, garden, or house of his

business, and he shall not assign it for his debt.

section 39. From the field, garden, and house which he has bought and

acquired, he may write off to his wife or his daughter and give for his

debt.

section 40. A votary, merchant, or foreign sojourner may sell his field,

his garden, or his house; the buyer shall carry on the business of the

field, garden, or house which he has bought.

section 41. If a man has bartered for the field, garden, or house of a

ganger, constable, or tributary, and has given exchanges, the ganger,

constable, or tributary shall return to his field, garden, or house, and

shall keep the exchanges given him.

section 42. If a man has taken a field to cultivate and has not caused

the corn to grow in the field, and has not done the entrusted work on the

field, one shall put him to account and he shall give corn like its

neighbour.

section 43. If he has not cultivated the field and has left it to

itself, he shall give corn like its neighbour to the owner of the field,

and the field he left he shall break up with hoes and shall harrow it and

return to the owner of the field.

section 44. If a man has taken on hire an unreclaimed field for three

years to open out, and has left it aside, has not opened the field, in

the fourth year he shall break it up with hoes, he shall hoe it, and

harrow it, and return to the owner of the field, and he shall measure out

ten _GUR_ of corn _per GAN_.

section 45. If a man has given his field for produce to a cultivator,

and has received the produce of his field, and afterwards a thunderstorm

has ravaged the field or carried away the produce, the loss is the

cultivator's.

section 46. If he has not received the produce of his field, and has

given the field either for one-half or for one-third, the corn that is in

the field the cultivator and the owner of the field shall share according

to the tenour of their contract.

section 47. If the cultivator, because in the former year he did not set

up his dwelling, has assigned the field to cultivation, the owner of the

field shall not condemn the cultivator; his field has been cultivated,

and at harvest time he shall take corn according to his bonds.

section 48. If a man has a debt upon him and a thunderstorm ravaged his

field or carried away the produce, or the corn has not grown through lack

of water, in that year he shall not return corn to the creditor, he shall

alter his tablet and he shall not give interest for that year.

section 49. If a man has taken money from a merchant and has given to

the merchant a field planted with corn or sesame, and said to him,

'Cultivate the field, reap and take for thyself the corn and sesame which

there is,' if the cultivator causes to grow corn or sesame in the field,

at the time of harvest the owner of the field forsooth shall take the

corn or sesame which is in the field and shall give corn for the money

which he took from the merchant, and for its interests and for the

dwelling of the cultivator, to the merchant.

section 50. If the field was cultivated or the field of sesame was

cultivated when he gave it, the owner of the field shall take the corn or

sesame which is in the field and shall return the money and its interests

to the merchant.

section 51. If he has not money to return, the sesame, according to its

market price for the money and its interest which he took from the

merchant, according to the standard fixed by the king, he shall give to

the merchant.

section 52. If the cultivator has not caused corn or sesame to grow in

the field, he shall not alter his bonds.

section 53. If a man has neglected to strengthen his bank of the canal,

has not strengthened his bank, a breach has opened out itself in his

bank, and the waters have carried away the meadow, the man in whose bank

the breach has been opened shall render back the corn which he has caused

to be lost.

section 54. If he is not able to render back the corn, one shall give

him and his goods for money, and the people of the meadow whose corn the

water has carried away shall share it.

section 55. If a man has opened his runnel to water and has neglected

it, and the field of his neighbour the waters have carried away, he shall

pay corn like his neighbour.

section 56. If a man has opened the waters, and the plants of the field

of his neighbour the waters have carried away, he shall pay ten _GUR_ of

corn _per GAN_.

section 57. If a shepherd has caused the sheep to feed on the green

corn, has not come to an agreement with the owner of the field, without

the consent of the owner of the field has made the sheep feed off the

field, the owner shall reap his fields, the shepherd who without consent

of the owner of the field has fed off the field with sheep shall give

over and above twenty _GUR_ of corn _per GAN_ to the owner of the field.

section 58. If from the time that the sheep have gone up from the

meadow, and the whole flock has passed through the gate, the shepherd has

laid his sheep on the field and has caused the sheep to feed off the

field, the shepherd who has made them feed off the field one shall watch,

and at harvest time he shall measure out sixty _GUR_ of corn _per GAN_ to

the owner of the field.

section 59. If a man without the consent of the owner of the orchard has

cut down a tree in a man's orchard, he shall pay half a mina of silver.

section 60. If a man has given a field to a gardener to plant a garden

and the gardener has planted the garden, four years he shall rear the

garden, in the fifth year the owner of the garden and the gardener shall

share equally, the owner of the garden shall cut off his share and take

it.

section 61. If the gardener has not included all the field in the

planting, has left a waste place, he shall set the waste place in the

share which he takes.

section 62. If the field which has been given him to plant he has not

planted as a garden, if it was corn land, the gardener shall measure out

corn to the owner of the field, like its neighbour, as produce of the

field for the years that are neglected, and he shall do the ordered work

on the field and return to the owner of the field.

section 63. If the field was unreclaimed land, he shall do the ordered

work on the field and return it to the owner of the field and measure out

ten _GUR_ of corn _per GAN_ for each year.

section 64. If a man has given his garden to a gardener to farm, the

gardener as long as he holds the garden shall give to the owner of the

garden two-thirds from the produce of the garden, and he himself shall

take one-third.

section 65. If the gardener does not farm the garden and has diminished

the yield, he shall measure out the yield of the garden like its

neighbour.

NOTE.--Here five columns of the monument have been erased, only the

commencing characters of column xvii. being visible. The subjects of

this last part included the further enactments concerning the rights and

duties of gardeners, the whole of the regulations concerning houses let

to tenants, and the relationships of the merchant to his agents, which

continue on the obverse of the monument. [See page 58.] Scheil estimates

the lost portion at 35 sections, and following him we recommence with

section 100. . . . the interests of the money, as much as he took, he

shall write down, and when he has numbered his days he shall answer his

merchant.

section 101. If where he has gone he has not seen prosperity, he shall

make up and return the money he took, and the agent shall give to the

merchant.

section 102. If a merchant has given to the agent money as a favour, and

where he has gone he has seen loss, the full amount of money he shall

return to the merchant.

section 103. If while he goes on his journey the enemy has made him quit

whatever he was carrying, the agent shall swear by the name of God and

shall go free.

section 104. If the merchant has given to the agent corn, wool, oil, or

any sort of goods, to traffic with, the agent shall write down the price

and hand over to the merchant; the agent shall take a sealed memorandum

of the price which he shall give to the merchant.

section 105. If an agent has forgotten and has not taken a sealed

memorandum of the money he has given to the merchant, money that is not

sealed for, he shall not put in his accounts.

section 106. If an agent has taken money from a merchant and his

merchant has disputed with him, that merchant shall put the agent to

account before God and witnesses concerning the money taken, and the

agent shall give to the merchant the money as much as he has taken

threefold.

section 107. If a merchant has wronged an agent and the agent has

returned to his merchant whatever the merchant gave him, the merchant has

disputed with the agent as to what the agent gave him, that agent shall

put the merchant to account before God and witnesses, and the merchant

because he disputed the agent shall give to the agent whatever he has

taken sixfold.

section 108. If a wine merchant has not received corn as the price of

drink, has received silver by the great stone, and has made the price of

drink less than the price of corn, that wine merchant one shall put her

to account and throw her into the water.

section 109. If a wine merchant has collected a riotous assembly in her

house and has not seized those rioters and driven them to the palace,

that wine merchant shall be put to death.

section 110. If a votary, a lady, who is not living in the convent, has

opened a wine shop or has entered a wine shop for drink, that woman one

shall burn her.

section 111. If a wine merchant has given sixty _KA_ of best beer at

harvest time for thirst, she shall take fifty _KA_ of corn.

section 112. If a man stays away on a journey and has given silver,

gold, precious stones, or treasures of his hand to a man, has caused him

to take them for transport, and that man whatever was for transport,

where he has transported has not given and has taken to himself, the

owner of the transported object, that man, concerning whatever he had to

transport and gave not, shall put him to account, and that man shall give

to the owner of the transported object fivefold whatever was given him.

section 113. If a man has corn or money upon a man, and without consent

of the owner of the corn has taken corn from the heap or from the store,

that man for taking of the corn without consent of the owner of the corn

from the heap or from the store, one shall put him to account, and he

shall return the corn as much as he has taken, and shall lose all that he

gave whatever it be.

section 114. If a man has not corn or money upon a man and levies a

distraint, for every single distraint he shall pay one-third of a mina.

section 115. If a man has corn or money upon a man and has levied a

distraint, and the distress in the house of his distrainer dies a natural

death, that case has no penalty.

section 116. If the distress has died in the house of his distrainer, of

blows or of want, the owner of the distress shall put his merchant to

account, and if he be the son of a freeman (that has died), his son one

shall kill; if the slave of a free-man, he shall pay one-third of a mina

of silver, and he shall lose all that he gave whatever it be.

section 117. If a man a debt has seized him, and he has given his wife,

his son, his daughter for the money, or has handed over to work off the

debt, for three years they shall work in the house of their buyer or

exploiter, in the fourth year he shall fix their liberty.

section 118. If he has handed over a manservant or a maidservant to work

off a debt, and the merchant shall remove and sell them for money, no one

can object.

section 119. If a debt has seized a man, and he has handed over for the

money a maidservant who has borne him children, the money the merchant

paid him the owner of the maid shall pay, and he shall ransom his maid.

section 120. If a man has heaped up his corn in a heap in the house of a

man, and in the granary a disaster has taken place, or the owner of the

house has opened the granary and taken the corn, or has disputed as to

the total amount of the corn that was heaped up in his house, the owner

of the corn shall recount his corn before God, the owner of the house

shall make up and return the corn which he took and shall give to the

owner of the corn.

section 121. If a man has heaped up corn in the house of a man, he shall

give as the price of storage five _KA_ of corn _per GUR_ of corn _per

annum_.

section 122. If a man shall give silver, gold, or anything whatever, to

a man on deposit, all whatever he shall give he shall shew to witnesses

and fix bonds and shall give on deposit.

section 123. If without witness and bonds he has given on deposit, and

where he has deposited they keep disputing him, this case has no remedy.

section 124. If a man has given silver, gold, or anything whatever to a

man on deposit before witnesses and he has disputed with him, one shall

put that man to account, and whatever he has disputed he shall make up

and shall give.

section 125. If a man has given anything of his on deposit, and where he

gave it, either by housebreaking or by rebellion, something of his has

been lost, along with something of the owner of the house, the owner of

the house who has defaulted all that was given him on deposit and has

been lost, he shall make good and render to the owner of the goods, the

owner of the house shall seek out whatever of his is lost and take it

from the thief.

section 126. If a man has lost nothing of his, but has said that

something of his is lost, has exaggerated his loss, since nothing of his

is lost, his loss he shall recount before God, and whatever he has

claimed he shall make up and shall give to his loss.

section 127. If a man has caused the finger to be pointed against a

votary, or a man's wife, and has not justified himself, that man they

shall throw down before the judge and brand his forehead.

section 128. If a man has married a wife and has not laid down her

bonds, that woman is no wife.

section 129. If the wife of a man has been caught in lying with another

male, one shall bind them and throw them into the waters. If the owner

of the wife would save his wife or the king would save his servant (he

may).

section 130. If a man has forced the wife of a man who has not known the

male and is dwelling in the house of her father, and has lain in her

bosom and one has caught him, that man shall be killed, the woman herself

shall go free.

section 131. If the wife of a man her husband has accused her, and she

has not been caught in lying with another male, she shall swear by God

and shall return to her house.

section 132. If a wife of a man on account of another male has had the

finger pointed at her, and has not been caught in lying with another

male, for her husband she shall plunge into the holy river.

section 133. If a man has been taken captive and in his house there is

maintenance, his wife has gone out from her house and entered into the

house of another, because that woman has not guarded her body, and has

entered into the house of another, one shall put that woman to account

and throw her into the waters.

section 134. If a man has been taken captive and in his house there is

no maintenance, and his wife has entered into the house of another, that

woman has no blame.

section 135. If a man has been taken captive and in his house there is

no maintenance before her, his wife has entered into the house of another

and has borne children, afterwards her husband has returned and regained

his city, that woman shall return to her bridegroom, the children shall

go after their father.

section 136. If a man has left his city and fled, after him his wife has

entered the house of another, if that man shall return and has seized his

wife, because he hated his city and fled, the wife of the truant shall

not return to her husband.

section 137. If a man has set his face to put away his concubine who has

borne him children or his wife who has granted him children, to that

woman he shall return her her marriage portion and shall give her the

usufruct of field, garden, and goods, and she shall bring up her

children. From the time that her children are grown up, from whatever is

given to her children they shall give her a share like that of one son,

and she shall marry the husband of her choice.

section 138. If a man has put away his bride who has not borne him

children, he shall give her money as much as her dowry, and shall pay her

the marriage portion which she brought from her father's house, and shall

put her away.

section 139. If there was no dowry, he shall give her one mina of silver

for a divorce.

section 140. If he is a poor man, he shall give her one-third of a mina

of silver.

section 141. If the wife of a man who is living in the house of her

husband has set her face to go out and has acted the fool, has wasted her

house, has belittled her husband, one shall put her to account, and if

her husband has said, 'I put her away,' he shall put her away and she

shall go her way, he shall not give her anything for her divorce. If her

husband has not said 'I put her away,' her husband shall marry another

woman, that woman as a maidservant shall dwell in the house of her

husband.

section 142. If a woman hates her husband and has said 'Thou shalt not

possess me,' one shall enquire into her past what is her lack, and if she

has been economical and has no vice, and her husband has gone out and

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

marriage portion and go off to her father's house.

section 143. If she has not been economical, a goer about, has wasted

her house, has belittled her husband, that woman one shall throw her into

the waters.

section 144. If a man has espoused a votary, and that votary has given a

maid to her husband and has brought up children, that man has set his

face to take a concubine, one shall not countenance that man, he shall

not take a concubine.

section 145. If a man has espoused a votary, and she has not granted him

children and he has set his face to take a concubine, that man shall take

a concubine, he shall cause her to enter into his house. That concubine

he shall not put on an equality with the wife.

section 146. If a man has espoused a votary, and she has given a maid to

her husband and she has borne children, afterwards that maid has made

herself equal with her mistress, because she has borne children her

mistress shall not sell her for money, she shall put a mark upon her and

count her among the maidservants.

section 147. If she has not borne children her mistress may sell her for

money.

section 148. If a man has married a wife and a sickness has seized her,

he has set his face to marry a second wife, he may marry her, his wife

whom the sickness has seized he shall not put her away, in the home she

shall dwell, and as long as she lives he shall sustain her.

section 149. If that woman is not content to dwell in the house of her

husband, he shall pay her her marriage portion which she brought from her

father's house, and she shall go off.

section 150. If a man to his wife has set aside field, garden, house, or

goods, has left her a sealed deed, after her husband her children shall

not dispute her, the mother after her to her children whom she loves

shall give, to brothers she shall not give.

section 151. If a woman, who is dwelling in the house of a man, her

husband has bound himself that she shall not be seized on account of a

creditor of her husband's, has granted a deed, if that man before he

married that woman had a debt upon him, the creditor shall not seize his

wife, and if that woman before she entered the man's house had a debt

upon her, her creditor shall not seize her husband.

section 152. If from the time that that woman entered into the house of

the man a debt has come upon them, both together they shall answer the

merchant.

section 153. If a man's wife on account of another male has caused her

husband to be killed, that woman upon a stake one shall set her.

section 154. If a man has known his daughter, that man one shall expel

from the city.

section 155. If a man has betrothed a bride to his son and his son has

known her, and he afterwards has lain in her bosom and one has caught

him, that man one shall bind and cast her into the waters.

section 156. If a man has betrothed a bride to his son and his son has

not known her, and he has lain in her bosom, he shall pay her half a mina

of silver and shall pay to her whatever she brought from her father's

house, and she shall marry the husband of her choice.

section 157. If a man, after his father, has lain in the bosom of his

mother, one shall burn them both of them together.

section 158. If a man, after his father, has been caught in the bosom of

her that brought him up, who has borne children, that man shall be cut

off from his father's house.

section 159. If a man who has brought in a present to the house of his

father-in-law, has given a dowry, has looked upon another woman, and has

said to his father-in-law, 'Thy daughter I will not marry,' the father of

the daughter shall take to himself all that he brought him.

section 160. If a man has brought in a present to the house of his

father-in-law, has given a dowry, and the father of the daughter has

said, 'My daughter I will not give thee,' he shall make up and return

everything that he brought him.

section 161. If a man has brought in a present to the house of his

father-in-law, has given a dowry, and a comrade of his has slandered him,

his father-in-law has said to the claimant of the wife, 'My daughter thou

shalt not espouse,' he shall make up and return all that he brought him,

and his comrade shall not marry his wife.

section 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 have no claim on

her marriage portion, her marriage portion is her children's forsooth.

section 163. If a man has married a wife, and she has not granted him

children, that woman has gone to her fate, if his father-in-law has

returned him the dowry that that man brought to the house of his father-

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

woman, her marriage portion belongs to the house of her father forsooth.

section 164. If his father-in-law has not returned him the dowry, he

shall deduct all her dowry from his marriage portion and shall return her

marriage portion to the house of her father.

section 165. If a man has apportioned to his son, the first in his eyes,

field, garden, and house, has written him a sealed deed, after the father

has gone to his fate, when the brothers divide, the present his father

gave him he shall take, and over and above he shall share equally in the

goods of the father's house.

section 166. If a man, in addition to the children which he has

possessed, has taken a wife, for his young son has not taken a wife,

after the father has gone to his fate, when the brothers divide, from the

goods of the father's house to their young brother who has not taken a

wife, beside his share, they shall assign him money as a dowry and shall

cause him to take a wife.

section 167. If a man has taken a wife, and she has borne him sons, that

woman has gone to her fate, after her, he has taken to himself another

woman and she has borne children, afterwards the father has gone to his

fate, the children shall not share according to their mothers, they shall

take the marriage portions of their mothers and shall share the goods of

their father's house equally.

section 168. If a man has set his face to cut off his son, has said to

the judge 'I will cut off my son,' the judge shall enquire into his

reasons, and if the son has not committed a heavy crime which cuts off

from sonship, the father shall not cut off his son from sonship.

section 169. If he has committed against his father a heavy crime which

cuts off from sonship, for the first time the judge shall bring back his

face; if he has committed a heavy crime for the second time, the father

shall cut off his son from sonship.

section 170. If a man his wife has borne him sons, and his maidservant

has borne him sons, the father in his lifetime has said to the sons which

the maidservant has borne him 'my sons,' has numbered them with the sons

of his wife, after the father has gone to his fate, the sons of the wife

and the sons of the maidservant shall share equally in the goods of the

father's house; the sons that are sons of the wife at the sharing shall

choose and take.

section 171. And if the father in his lifetime, to the sons which the

maidservant bore him, has not said 'my sons,' after the father has gone

to his fate the sons of the maid shall not share with the sons of the

wife in the goods of the father's house, one shall assign the maidservant

and her sons freedom; the sons of the wife shall have no claim on the

sons of the maidservant for servitude, the wife shall take her marriage

portion and the settlement which her husband gave her and wrote in a deed

for her and shall dwell in the dwelling of her husband, as long as lives

she shall enjoy, for money she shall not give, after her they are her

sons' forsooth.

section 172. If her husband did not give her a settlement, one shall pay

her her marriage portion, and from the goods of her husband's house she

shall take a share like one son. If her sons worry her to leave the

house, the judge shall enquire into her reasons and shall lay the blame

on the sons, that woman shall not go out of her husband's house. If that

woman has set her face to leave, the settlement which her husband gave

her she shall leave to her sons, the marriage portion from her father's

house she shall take and she shall marry the husband of her choice.

section 173. If that woman where she has entered shall have borne

children to her later husband after that woman has died, the former and

later sons shall share her marriage portion.

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

sons of her bridegroom shall take her marriage portion.

section 175. If either the slave of the palace or the slave of the poor

man has taken to wife the daughter of a gentleman, and she has borne

sons, the owner of the slave shall have no claim on the sons of the

daughter of a gentleman for servitude.

section 176. And if a slave of the palace or the slave of a poor man has

taken to wife the daughter of a gentleman and, when he married her, with

a marriage portion from her father's house she entered into the house of

the slave of the palace, or of the slave of the poor man, and from the

time that they started to keep house and acquired property, after either

the servant of the palace or the servant of the poor man has gone to his

fate, the daughter of the gentleman shall take her marriage portion, and

whatever her husband and she from the time they started have acquired one

shall divide in two parts and the owner of the slave shall take one-half,

the daughter of a gentleman shall take one-half for her children. If the

gentleman's daughter had no marriage portion, whatever her husband and

she from the time they started have acquired one shall divide into two

parts, and the owner of the slave shall take half, the gentleman's

daughter shall take half for her sons.

section 177. If a widow whose children are young has set her face to

enter into the house of another, without consent of a judge she shall not

enter. When she enters into the house of another the judge shall enquire

into what is left of her former husband's house, and the house of her

former husband to her later husband, and that woman he shall entrust and

cause them to receive a deed. They shall keep the house and rear the

little ones. Not a utensil shall they give for money. The buyer that

has bought a utensil of a widow's sons shall lose his money and shall

return the property to its owners.

section 178. If a lady, votary, or a vowed woman whose father has

granted her a marriage portion, has written her a deed, in the deed he

has written her has not, however, written her 'after her wherever is good

to her to give,' has not permitted her all her choice, after the father

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

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

wool, and shall content her heart. If her brothers have not given her

corn, oil, and wool according to the value of her share, and have not

contented her heart, she shall give her field or her garden to a

cultivator, whoever pleases her, and her cultivator shall sustain her.

The field, garden, or whatever her father has given her she shall enjoy

as long as she lives, she shall not give it for money, she shall not

answer to another, her sonship is her brothers' forsooth.

section 179. If a lady, a votary, or a woman vowed, whose father has

granted her a marriage portion, has written her a deed, in the deed he

wrote her has written her 'after her wherever is good to her to give,'

has allowed to her all her choice, after the father has gone to his fate,

after her wherever is good to her she shall give, her brothers have no

claim on her.

section 180. If a father to his daughter a votary, bride, or vowed woman

has not granted a marriage portion, after the father has gone to his

fate, she shall share in the goods of the father's house a share like one

son, as long as she lives she shall enjoy, after her it is her brothers'

forsooth.

section 181. If a father has vowed to God a votary, hierodule, or _NU-

BAR_, and has not granted her a marriage portion, after the father has

gone to his fate she shall share in the goods of the father's house one-

third of her sonship share and shall enjoy it as long as she lives, after

her it is her brothers' forsooth.

section 182. If a father, to his daughter, a votary of Marduk, of

Babylon, has not granted her a marriage portion, has not written her a

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

brothers in the goods of the father's house, one-third of her sonship

share, and shall pay no tax; a votary of Marduk, after her, shall give

wherever it is good to her.

section 183. If a father to his daughter, a concubine, has granted her a

marriage portion, has given her to a husband, has written her a deed,

after the father has gone to his fate, she shall not share in the goods

of the father's house.

section 184. If a man to his daughter, a concubine, has not granted a

marriage portion, has not given her to a husband, after the father has

gone to his fate, her brothers according to the capacity of the father's

house, shall grant her a marriage portion and shall give her to a

husband.

section 185. If a man has taken a young child 'from his waters' to

sonship, and has reared him up, no one has any claim against that

nursling.

section 186. If a man has taken a young child to sonship, and when he

took him his father and mother rebelled, that nursling shall return to

his father's house.

section 187. The son of a _NER-SE-GA_, a palace warder, or the son of a

vowed woman no one has any claim upon.

section 188. If an artisan has taken a son to bring up, and has caused

him to learn his handicraft, no one has any claim.

section 189. If he has not caused him to learn his handicraft, that

nursling shall return to his father's house.

section 190. If a man the child whom he took to his sonship and has

brought him up, has not numbered him with his sons, that nursling shall

return to his father's house.

section 191. If a man, after a young child whom he has taken to his

sonship and brought him up, has made a house for himself and acquired

children, and has set his face to cut off the nursling, that child shall

not go his way, the father that brought him up shall give to him from his

goods one-third of his sonship, and he shall go off; from field, garden,

and house he shall not give him.

The Oldest Code of Laws in the World The code of laws promulgated by Hammurabi, King of Babylon, B.C. 2285-2242 · 第 1 / 3 段