27. If a chieftain or man 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.

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 cannot 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 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.

33. If a ... or a ... [from the connection, some man higher in rank than

a chieftain] enter himself as withdrawn from the "Way of the King," and

send a mercenary as substitute, but withdraw him, then the ... or ...

shall be put to death.

34. If a ... [same as in 33] or a ... harm the property of a captain,

injure the captain, or take away from the captain a gift presented to

him by the king then the ... or ... shall be put to death.

35. If any one buy the cattle or sheep which the king has given to

chieftains from him he loses his money.

35. The field, garden and house of a chieftain, of a man, or of one

subject to quit-rent, cannot 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 cannot 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.

41. If any one fence in the field, garden and house of a chieftain, man

or one subject to quit-rent, 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 ten _gan_ [a measure of area] ten _gur_ [dry measure] of grain

shall be paid.

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, 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 [a symbolic action indicating the inability to pay]

and pays no rent 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.

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.

52. If the cultivator do not plant corn or sesame in the field, the

debtor's contract is not weakened.

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 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 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 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 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.

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 ten _gan_.

64. If any one hand over his garden to a gardener to work, 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.

65. If the gardener do not work in the 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-five 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 intrust 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 [take an oath] 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 from 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 cannot 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.

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.

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" [one devoted to the temple] open a tavern,

or enter a tavern to drink, then shall this woman be burned to death.

111. If an inn-keeper furnish sixty _ka_ of _usakani_-drink to ... she

shall receive fifty _ka_ of corn at the harvest.

112. If anyone be on a journey and intrust 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 intrusted to him.

113. If any one have a 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 commission was paid to him, or due

him.

114. If a man have no claim on another for corn and money, and 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, and all

that the master of the prisoner gave he shall forfeit.

117. If any one fail to meet a claim for debt, 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 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.

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 that he took.

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.

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.

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].

127. If any one point the finger [slander] at a sister of a god or the

wife of any one, and cannot prove it, this man shall be taken, before

the judges and his brow shall be marked [by cutting the skin, or perhaps

hair].

128. If a man take a woman to wife, but have no intercourse with her,

this woman is no wife to him.

129. If a man's wife be surprised 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 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 [_delit flagrant_ is necessary for divorce],

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 [prove her innocence by this test].

133. If a man 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.

134. If any one be captured in war and there is no sustenance in his

house, if then his wife go to another house, this woman shall be held

blameless.

135. If a man 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 woman who has borne him children,

or from 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, he shall give her the amount of her purchase money [amount

formerly paid to the bride's father] 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

as a gift of release.

140. If he be a freed man he shall give her one-third of a mina of gold.

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," 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, 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 and this woman give her husband a

maid-servant, and she bear him children, but this man wishes to take

another wife, this shall not be permitted to him; he shall not take a

second wife.

145. If a man take a wife, and she bear him no children, and he intend

to 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 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 a deed

therefor, 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

therefor: if that man, before he married that woman, had a debt, the

creditor cannot hold the woman for it. But if the woman, before she

entered the man's house, had contracted a debt, her creditor cannot

arrest her husband therefor.

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 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 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 therefor: 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 sons, 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.

The Great Events by Famous Historians, Volume 01 · 第 4 / 37 段