The code of Hammurabi

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i TEXTS FOR STUDENTS. No, IS.

ITHE CODE OF
HAMMURABI

BY

PERCY HANDGOCK, M.A,

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TEXTS FOR STUDENTS. No. 15

GENERAL EDITORS: Caroline A. J. Skeel, D.Lit. ;
H. J. White, D.D. ; J. P. Whitney, D.D.. D.CX.

THE

CODE OF HAMMURABI

BY

PERCY HANDCOCK, M.A.

BARKISTER-AT-I.AW

FORMERLY ASSISTANT TO THE KEEPER OF EGYPTIAN AND ASSYRIAN ANTIQUITIES,

BRITISH MUSEUM

LONDON

SOCIETY FOR PROMOTING

CHRISTIAN KNOWLEDGE

NEW YORK : THE MACMILLAN COMPANY

1920

THE CODE OF HAMMURABI

INTRODUCTION

Hammurabi, who is probably to be identified with the
Amraphel of Gen. xiv. 1, was the sixth king of the first
known dynasty of Babylon, and he reigned for forty-three
years — about 2130-2088 B.C., as far as can at present
be determined. He was a successful ruler and an able
administrator.

His Code of Laws is inscribed on a block of black diorite
which was found on the acropolis of Susa by an expedition
sent out by the French Government under M. de Morgan
in 1901. At the top of the front side of the stele is a bas-
relief representing Hammurabi receiving the code from
Shamash, the Sun god. About one-eighth of the code (five
columms) has been erased ; the remaining forty-four columns
contain two hundred and forty-eight separate provisions.
These provisions relate almost exclusively to civil and
criminal law.

The code represents a system of law and custom which
had grown up in the country, and the ultimate origin of
which is to be sought in the far remoter past. It is the
most ancient code of laws at present known, and its rela-
tion to other systems of law has been much discussed.
We are, however, here only concerned with its relationship
to Hebrew law.

There cannot be the slightest doubt that some relation-
ship does exist, but the connection is probably indirect ^ ^'/A'
rather than direct. N "

3

437540

THE G01>E OF HAMMURABI

A close examination of the provisions in the Hebrew code
which bear a similarity to provisions in the Babylonian
code, leads to the conclusion that there was no direct
borrowing on the part of the Hebrew legislators, but that
the provisions which are similar in the two sets of laws
represent independent codifications of ancient Semitic
usage, their similarity being explained by the common
ancestry of the two peoples. It is, of course, also possible
that some knowledge of Hammurabi's laws reached the
Hebrews through an indirect channel — e.g., through the
Canaanites, upon whom Babylonian culture exercised an
influence for some centuries — and determined the general
character and terms of some of the Hebrew enactments.
The subjects dealt with in the code are many and
various :

Sections 1-5. Penalties for false accusation, false
evidence, and wrong legal decisions. **

Sections 6-14. Penalties for theft.

Sections 15-20. Harbouring an escaped slave.

Sections 21-25. Housebreaking, highway robbery, and
robbery at a fire.

Sections 26-41. Privileges and obligations of royal
servants, judges, etc.

Sections 42-65. Laws relating to landlord and tenant.

Sections 66-99. Erased.
*v^ections 100-126. Laws relating to trade and com-^
merce.

^Sections 100-107. Laws relating to a merchant and his $.
agent,
►y Sections 108-111. Laws relating to wine-merchants.

Section 112. Liabilities in respect of loss in the trans- ii
port of goods.

Sections 113-119. Laws relating to debt and distraint. •

Sections 120-126. Law of bailment.

THE CODE OF HAMMUEABI

Sections 127-193. Family law.

Sections 194-233. Criminal law : penalties for assaults,
etc.

Sections 234-240. Laws relating to navigation.
—-Sections 241-277. Rates of payment for hire of animals,
for work done, etc.

Sections 278-282. The law as affecting slaves.

A comparison of the Biblical references given in the foot-,
notes with the provisions in the code, will enable the
student to form a clear and independent idea of their
relationship to each other.

The translation of the code is (with a few minor altera-
tions) taken from the late Professor R. F. Harper's Code
of Hammurahi, by the courtesy of the University of
Chicago Press and the Cambridge University Press. The
latter work also contains an admirably produced autograph
copy of the text, together with a transliteration and
glossary. P. H.

TRANSLATION

PROLOGUE

When the lofty Aim, King of the Anunnaki, and EUil,
lord of heaven and earth, he who determines the destiny
of the land, committed the rule of all mankind to Marduk,
the chief son of Ea ; when they made him great among
the Igigi ; when they pronounced the lofty name of
Babylon ; when they made it famous among the quarters
of the world and in its midst established an everlasting
kingdom whose foundations were firm as heaven and earth
— at that time, Anu and Enlil called me, Hammurabi, the
exalted prince, the worshipper of the gods, ^to cause justice
to prevail in the land, to destroy the wicked and the evil,
to prevent the strong from oppressing the weak, to go
forth like the Sun over the Black Head Race, -to enlighten
the land, and to further the welfare of the people.
Hammurabi, the Governor named by Enlil, am I, who
brought about plenty and abundance ; who made every-
thing for Nippur and Durilu complete ; the exalted
supporter of E-kur ; the wise King, who restored Eridu to
its place ; who purified the sanctuary (or " cult ") of
E-apsu ; who stormed the four quarters of the world ; who
made the fame of Babylon great; who rejoiced the heart of
Marduk, his lord; who daily served in Esagila; of the
seed royal, which Sin begat ; who filled the city of Ur with
plenty ; the pious and suppliant one, who brought abun-
dance to E-gis-sir-gal ; the diplomatic king, obedient to the
mighty Shamash ; who refounded Sippar ; who clothed

THE CODE OF HAMMURABI

with green the shrines of Malkat ; who decorated
E-babbara, which is like a heavenly dwelling ; the warrior,
the protector of I^arsa ; who rebuilt E-babbara for Shamash,
his helper ; the lord who gave life to the city of Uruk ;
who supplied water in abundance to its inhabitants ; who
raised the turrets of Eanna ; who brought riches to Anu
and Ishtar ; the divine protector of the land ; who collected
the scattered people of Xisin ; who supplied E-gal-ma^
with luxurious abundance; the monarch, the city king,
the brother of Za-ma ma ; who laid the foundations of the
settlement of Kish ; who surrounded E-te-me-ur-sag with
splendour ; who constructed the great shrines of Nana ; the
patron of the temple of ^ar-sag-kalama, the grave of the
enemy ; whose help brings victory ; who extended the
limits of Cutha ; who enlarged Shid-lam in every way ;
the mighty bull, who gored the enemy ; the beloved of Tutu ;
who made the city of Borsippa beautiful ; the exalted one
who was untiring for the welfare of Ezida ;/ the divine
king, Vise and intelligent, who extended the settlements of
Dilbat ; who stored up grain for the mighty Urash ; the
lord adorned with sceptre and crown, whom the wise god
Ma-ma has clothed with complete power ; who defined
the confines of Kish ; who made sumptuous the splendid
banquets in honour of Kintu ; the wise and perfect one, who
determined the pasture and watering-places for Shirpurla
(Lagash) and Girsu ; who provided large sacrifices for the
Temple of Fifty ; who seizes the enemy ; the favourite of
Telitim ; who put into execution the laws of Aleppo ; who
makes joyful the heart of Anunit ; the illustrious prince,
the lifting up of whose hands Adad recognizes ; who
pacifies the heart of Adad, the warrior, in Karkar ; who
re-established the appointments in E-u-gal-gal ; the king
who gave life to the city of Adab ; the benefactor of
the temple E-ma^ ; the lordly city king ; the soldier

THE CODE OF HAMMURABI

who has no equal ; who presented life to the City of
Mashkan-shabri ; who poured out abundantly over Mish-
1am ; the wise governor who (?), who provided a hiding-
place for the people of Malgi in their misfortune ; who
founded dwelling-places for them in plenty ; who deter-
mined for all time the splendid sacrifices for Ea and
Dam-gal- nun na, who had extended his dominion ; the city
king first in rank ; who subdued the settlements along the
Euphrates (?) ; the warrior of Dagan, his creator ; who pro-
tected the people of Mera and Tutul ; the exalted prince,
who makes the face of Ishtar to shine ; who established
splendid banquets for Nin-a-zu; who helps his people in
time of need ; who establishes in security their property
in Babylon ; the shepherd of his people, whose deeds are
pleasing to Anunit; who installed Anunit in E-ul mash
in Agane broad way ; who made justice prevail and who
ruled the race with right; who returned to Ashur its
gracious protecting deity ; who cast down the . . . the
king who made the name of Nana glorious in E-mish-
mish in Nineveh ; the exalted one, who makes supplication
to the great gods ; the descendant of Sumulailu, the
powerful son of Sinmu-ballit, the ancient seed of royalty,
the powerful king, the Sun of Babylon, who caused light
to go forth over the lands of Sumer and Akkad ; the king,
who caused the four quarters of the world to render
obedience ; the favourite of Ishtar, am I. f When Marduk
sent me to rule the people and to bring help to the
country, I established law and justice in the land and
promoted the welfare of the people

q

THE CODE OF HAMMURABI

THE CODE

1. If a man bring an accusation against a man, and
charge him with a (capital) crime, but cannot prove it, he,
the accuser, shall be put to death.

2. If a man charge a man with sorcery, and cannot prove
it, he who is charged with sorcery shall go to the river)
into the river he shall throw himself, and if the river over-
come him his accuser shall take to himself his house (estate).
If the river show that man to be innocent, and he come
forth unharmed, he who charged him with sorcery shall be
put to death. He who threw himself into the river shall
take to himself the house of his accuser. ^

3. If a man, in a case (pending judgment), bear false
witness, or do not establish the testimony that he has
given, if that case be a case involving life, that man shall
be put to death. 2

4. If a man (in a case) bear witness for grain or money
(as a bribe), he shall himself bear the penalty imposed in
that case.^

5. If a judge pronounce a judgment, render a decision,
deliver a verdict duly signed and sealed, and afterward
alter his judgment, they shall call that judge to account
for the alteration of the judgment which he had pro-
nounced, and he shall pay twelvefold the penalty which
was in said judgment; and, in the assembly, they shall
expel him from his seat of judgment, and he shall not
return, and with the judges in a case he shall not take
his seat.

6. If a man steal the property of a god (temple) or
palace, that man shall be put to death ; and he who

^ Of. Exod. xxii. 18 ; Deut. xviii. 10 ; Jer. xxvii. 9.
a Of. Deut. xix. 19 ; Exod. xxiii. 8.

10 THE CODE OF HAMMURABI

receives from his hand the stolen (property) shall also be
put to death. ^

7. If a man purchase silver or gold, man-servant or
maid-servant, ox, sheep, or ass, or anything else from a
man's son, or from a man's servant without witnesses or
contracts, or if he receive (the same) in trust, that man
shall be put to death as a thief.^

8. If a man steal ox or sheep, ass or pig, or boat — if it
be from a god (temple) or a palace — he shall restore thirty-
fold ; if it be from a freeman, he shall render tenfold. If
the thief have nothing wherewith to pay, he shall be put
to death. ^

9. If a man who has lost anything find that which was
lost in the possession of (another) man, and the man in
whose possession the lost property is found say : " It was
sold to me ; I purchased it in the presence of witnesses ;"
and the owner of the lost property say : " I will bring
witnesses to identify my lost property ;" if the purchaser
produce the seller who has sold it to him and the witnesses
in whose presence he purchased it, and the owner of the
lost property produce witnesses to identify his lost
property, the judges shall consider their evidence. The
witnesses in whose presence the purchase was made, and the
witnesses to identify the lost property shall give their
testimony in the presence of the god. The seller shall be
put to death as a thief ; the owner of the lost property shall
recover his loss ; the purchaser shall recover from the
estate of the seller the money which he paid out.*

10. If the purchaser do not produce the seller \\ho sold
it to him and the witnesses in whose presence he purchased
it, (and) if the ow^er of the lost property produce witnesses

^ Cf. Gen. xxxi. '32 ; Josh. vii. 1/.

2 Gf. Gen. xxiii. 10/. ; Ruth iv. 2/.

3 Cf. Gen. xl. 9 ; Exod. xxi. 37, xxii. 1/., 9 ; 2 Sam. xii. 6.
^ Cf. Exod. xxii. 7-9 ; Lev. vi. 3.

THE CODE OF HAMMUEABI 11

to identify his lost property, the purchaser shall be put to
death as a thief ; the owuer of the lost property shall
recover his loss.^

11. If the owner (claimant) of the lost property do not
produce witnesses to identify his lost property, he has
attempted fraud (has lied), he has stirred up strife
(calumny), he shall be put to death. ^

12. If the seller has gone to (his) fate {i.e.^ have died),
the purchaser shall recover damages in said case fivefold
from the estate of the seller.

13. If the witnesses of that man be not at hand, the
judges shall declare a postponement for six months ; and
if he do not bring in his witnesses within the six months,
that man has attempted fraud, he shall himself bear the
penalty imposed in that case.

14. If a man steal a man's son, who is a minor, he shall
be put to death. ^

15. If a man aid a male or female slave of the palace, or
a male or female slave of a freeman, to escape from the
city gate, he shall be put to death.

16. If a man harbour in his house a male or female
slave who has fled from the palace or from a freeman, and
do not bring him (the slave) forth at the call of the com-
mandant, the owner of that house shall be put to death. "^

17. If a man seize a male or female slave, a fugitive, in
the field, and bring that (slave) back to his owner, the
owner of the slave shall pay him two shekels of silver.^

18. If that slave will not name his owner, he shall bring
him to the palace, and they shall inquire into his ante-
cedents, and they shall return him to his owner.

1 Cf. Exod. xxii. 7-9 ; Lev. vi. 3.

2 Cf. Deut. xix. 16/. 3 cf_ Exod. xxi. 16 ; Dent. xxiv. 7.
* Cf. Deut. xxiii. 15/. ; 1 Sam. xxx, 15.

^ Cf. Gen. xvi. 7/ ; Deut. xxiii. 16 ; 1 Kings ii. 39.

12 THE CODE OF HAMMURABI

19. If he detain that slave in his house, and later the
slave be found in his possession, that man shall be put
to death.

20. If the slave escape from the hand of his captor, that
man shall so declare, in the name of the god, to the owner
of the slave, and shall go free.

N^ 21. If a man make a breach in a house, they shall put
him to death in front of that breach, and they shall thrust
him therein.^

22. If a man practise brigandage and be captured, that

man shall be put to death.

I — ' 23. If the brigand be not captured, the man who has

I been robbed shall, in the presence of the god, make an

\ itemized statement of his loss, and the city and the

I governor, in whose province and jurisdiction the robbery

I was committed, shall compensate him for whatever was

Llost.2

J( 24. If it be a life (that is lost), the city and governor
shall pay one mana of silver to his people.^

25. If a fire break out in a man's house, and a man who
goes to extinguish it cast his eye on the property of the
owner of the house and take the property of the owner of
the house, that man shall be thrown into that fire.

26. If either an officer or a constable, who is ordered to
go on an errand of the king, do not go, but hire a sub-
stitute, and despatch him in his stead, that officer or
constable shall be put to death ; his hired substitute shall
take to himself his (the officer's) house.

27. If an officer or a constable, who in a garrison of the
king, be captured, and afterward they give his field and
garden to another, and he conduct his business — if the
former return and arrive in his city, they shall restore to

1 Cf. Exod. xxii. 2. 3. ^ qj-^ ^eut. xxi. i./.

3 C/, Deut. xxi. 1 f.

THE CODE OF HAMMURABI 13

him his field and garden, and he himself shall conduct
his business.

28. If an officer or a constable, who is in a fortress of
the king, be captured, (and) his son be able to conduct the
business, they shall give to him the field and garden, and
he shall conduct the business of his father.

29. If his son be too young, and be not able to conduct
the business of his father, they shall give one-third of the
field and of the garden to his mother, and his mother
shall rear him.

30. If an officer or a constable from the beginning of
(or, on account of) (his) business neglect his field, his
garden, and his house, and leave them uncared for, (and)
another after him take his field, his garden, and his house,
and conduct his business for three years — if the former
return and desire (or, would manage) his field, his garden,
and his house, they shall not give them to him ; he who
has taken (them) and conducted the business shall continue
(to do so).

31. If he leave (them) uncared for but one year and
return, they shall give him his field, his garden, and his
house, and he himself shall continue his business.

32. If a merchant ransom either an officer or a constable
who has been captured on an errand of the king, and
enable him to reach his city, if there be sufficient ransom
in his house, he shall ransom himself; if there be not
sufficient ransom in his house, in the temple of his city he
shall be ransomed ; if there be not sufficient ransom in the
temple of his city, the palace shall ransom him. In no
case shall his field or his garden or his house be given for
his ransom.

33. If a governor or a magistrate take possession of the
men of levy (or pardon a deserter), or accept and send a

14 THE CODE OF HAMMURABI

hired substitute on an errand of the king, that governor or
magistrate shall be put to death.

34: If the governor or a magistrate take the property of
an officer, plunder an officer, let an officer for hire, present
an officer in a judgment to a man of influence, take the
gift which the king has given to an officer, that governor
or magistrate shall be put to death.

35. If a man buy from an officer the cattle or sheep
which the king has given to that officer, he shall forfeit
his money.

36. In no case shall one sell the field or garden or house
of an officer, constable, or tax-gatherer.

37. If a man purchase the field or garden or house of an
officer, constable, ory tax-gatherer, his deed-tablet shall be
broken (cancelled), and he shall forfeit his money, and he
shall return the field, garden, or house to its owner.

38. An officer, constable, or tax-gatherer shall not make
over to his wife or daughter the field, garden, or house,
which is his business (i.e., which is his by virtue of his office),
nor shall he assign them for debt.

39. He may make over to his wife or daughter the field,
garden, or house which he has purchased and (hence)
possesses, or he may assign them for debt.

40. A woman, merchant, or other property-holder may
sell field, garden, or house. The purchaser shall conduct
the business of the field, garden, or house which he has
purchased.

41. If a man have bargained for the field, garden, or
house of an officer, constable, or tax-gatherer, and given
sureties, the officer, constable, or tax-gatherer shall return
to his field, garden, or house, and he shall take to himself
the sureties which were given to him.

42. If a man rent a field for cultivation and do not
produce any grain in the field, they shall call him to

THE CODE OF HAMMURABI 15

account because he has not performed the work required
in the field, and he shall give to the owner of the field
grain on the basis of the adjacent (fields).

43. If he do not cultivate the field and neglect it, he
shall give to the owner of the field grain on the basis of
the adjacent (fields) ; and the field which he has neglected
he shall break up with hoes, he shall harrow, and he shall
return it to the owner of the field.

44. If a man rent an unreclaimed field for three years
to develop it, and neglect it and do not develop the field,
in the fourth year he shall break up the field with hoes, he
shall hoe and harrow it, and he shall return it to the
owner of the field, and shall measure out 10 gur of grain
per GAN.

45. If a man has given his field to a tenant for crop-rent,
and receive the crop-rent of his field, and later Adad {i.e.,
the Storm God) inundate the field and carry away the
produce, the loss (falls on) the tenant.

46. If he have not received the rent of his field, and he
have rented the field for either one- half or one-third (of
the crop), the tenant and the owner of the field shall
divide the grain which is in the field according to agree-
ment.^

47. If the tenant give the cultivation of the field into
the charge of another — because in a former year he has
not gained a maintenance — the owner of the field shall not
interfere. He would cultivate it, and his field has been
cultivated, and at the time of harvest he shall take grain
according to his contracts.

48. If a man owe a debt, and Adad inundate his field
and carry away the produce, or^ through lack of water,
grain have not grown in the field, in that year he shall not
make any return of grain to the creditor, he shall alter his

1 C/. Gen. xlvii. 24.

2

16 THE CODE OF HAMMURABI

contract-tablet, and he shall not pay the interest for that
year.

49. If a man obtain money from a merchant, and give
(as security) to the merchant a field to be planted with
grain and sesame, (and) say to him : " Cultivate the field,
and harvest and take to thyself the grain and sesame
which is produced ;" if the tenant raise grain and sesame
in the field, at the time of harvest the owner of the field
shall receive the grain and sesame which is in the field,
and he shall give to the merchant grain for the loan which
he had obtained from him and for the interest and for the
maintenance of the tenant.

50. If he give (as security) a field planted with (grain)
or a field planted with sesame, the owner of the field shall
receive the grain or the sesame which is in the field, and
he shall return the loan and its interest to the merchant.

51. If he have not the money to return, he shall give to
the merchant (grain or) sesame, at their market value
according to the scale fixed by the king, for the loan and
its interest which he has obtained from the merchant.

52. If the tenant do not secure a crop of grain or sesame
in his field, he shall not cancel his contract.

53. If a man neglect to strengthen his dyke and do not
strengthen it, and a break be made in his dyke and the
water carry away the farm-land, the man in whose dyke
the break has been made shall restore the grain which he
has caused to be lost.

54. If he be not able to restore the grain, they shall sell
him and his goods, and the farmers whose grain the water
has carried away shall share (the results of the sale).^

55. If a man open his canal for irrigation and neglect
it, and the water carry away an adjacent field, he shall
measure out grain on the basis of the adjacent fields.

» Cf. Exod. xxii. 3 ; Lev. xxv. 39/

THE CODE OF HAMMURABI 17

56. If a man opened up the water, and the water carry
away the improvements of an adjacent field, he shall
measure out 10 GUR of grain per gan.

57. If a shepherd have not come to an agreement with
the owner of a field to pasture his sheep on the grass ; and
if he pasture his sheep on the field without the consent of
the owner, the owner of the field shall harvest his field,
and the shepherd who has pastured his sheep on the field
without the consent of the owner of the field shall give
over and above 20 GUR of grain per gan to the owner of
the field.i

58. If, after the sheep have gone up from the meadow
and have crowded their way out (?) of the gate into the
public common, the shepherd turn the sheep into the field
and pasture the sheep on the field, the shepherd shall
oversee the field on which he pastures, and at the time of
harvest he shall measure out 60 gur of grain per gan to
the owner of the field.

59. If a man cut down a tree in a man's orchard, with-
out the consent of the owner of the orchard, he shall pay
one-half mana of silver.

60. If a man give a field to a gardener to plant as an
orchard, and the gardener plant the orchard and care for
the orchard four years, in the fifth year the owner of the
orchard and the gardener shall share equally ; the owner
of the orchard shall mark off his portion and take it.

61. If the gardener do not plant the whole field, but
leave a space waste, they shall assign the waste space to
his portion.

62. If he do not plant as an orchard the field which was
given to him, if corn be the produce of the field, for the
years during which it has been neglected the gardener
shall measure out to the owner of the field (such produce)

1 Cf. Exod. xxii. 4/.

18 THE CODE OF HAMMURABI

on the basis of the adjacent fields, and he shall perform
the required work on the field, and he shall restore it to
the owner of the field.

63. If the field be unreclaimed, he shall perform the
required work on the field and he shall restore it to the
owner of the field, and he shall measure out 10 GUR of
grain per GAN for each year.

64. If a man give his orchard to a.gardener to manage,
the gardener shall give to the owner of the orchard two-
thirds of the produce of the orchard as long as he is in
possession of the orchard ; he himself shall take one-third.

65. If the gardener do not properly manage the orchard
and he diminish the produce, the gardener shall measure
out the produce of the orchard on the basis of the adjacent
orchards.

Here five columns of the stele (representing about
thirty-five clauses) have been cut off the stone.

100. ... he shall write down the interest on the
money, as much as he has obtained, and he shall reckon
its days, and he shall make returns to his merchant.

101. If he do not meet with success where he goes, the
agent shall double the amount of money obtained, and he
shall pay it to the merchant.

102. If a merchant give money to an agent as a favour,
and the latter meet with a reverse where he goes, he shall
return the principal of the money to the merchant.

103. If, when he goes on a journey, an enemy rob him
of whatever he was carrying, the agent shall take an oath
in the name of the god and go free.

104. If a merchant give to an agent grain, wool, oil, or
goods of any kind with which to trade, the agent shall
write down the value and return (the money) to the

THE CODE OF HAMMURABI 19

merchant. The agent shall take a sealed receipt for the
money which he gives to the merchant.

105. If the agent be careless and do not take a receipt
for the money which he has given to the merchant, the
money not receipted for shall not be placed to his account.

106. If an agent obtain money from a merchant and
have a dispute with the merchant (i.e., deny the fact), that
merchant shall call the agent to account in the presence
of the god and witnesses for the money obtained, and the
agent shall give to the merchant threefold the amount of
money which he obtained.

107. If a merchant lend to an agent, and the agent
return to the merchant whatever the merchant had given
him ; and if the merchant deny (receiving) what the agent
has given to him, that agent shall call the merchant to
account in the presence of the god and witnesses, and the
merchant, because he has had a dispute with his agent,
shall give to him sixfold the amount which he obtained.

108. If a wine-seller do not receive grain as the price of
drink, but if she receive money by the great stone, or
make the measure for drink smaller than the measure for
corn, they shall call that wine-seller to account, and they
shall throw her into the water.

109. If outlaws collect in the house of a wine-seller, and
she do not arrest these outlaws and bring them to the
palace, that wine-seller shall be put to death.

110. If a votary, who is not living in a convent, open
a wine-shop or enter a wine-shop for a drink, they shall
burn that woman. ^

111. If a wine-seller give 60 ka of drink ... on credit,
at the time of harvest, she shall receive 50 KA of grain.

112. If a man be on a journey and he give silver, gold,
stones, or portable property to a man with a commission

^ Cf. Gen. xxxviii. 24 ; Lev. xxi. 9.

20 THE CODE OF HAMMURABI

for transportation, and if that man do not deliver that
which was to be transported where it was to be transported,
but take it to himself, the owner of the transported goods
shall call that man to account for the goods to be trans-
ported which he did not deliver, and that man shall deliver
to the owner of the transported goods fivefold the amount
which was given to him.^

113. If a man hold a (debt of) grain or money against a
man, and if he take grain without the consent of the owner
from the heap or the granary, they shall call that man to
account for taking grain without the consent of the owner
from the heap or the granary, and he shall return as much
grain as he took, and he shall forfeit all that he has lent,
whatever it be.

114. If a man do not hold a (debt of) grain or money
against a man, and if he seize him for debt, for each seizure
he shall pay one-third mana of silver.

115. If a man hold a (debt of) grain or money against a
man, and he seize him for debt, and the one seized die in
the house of him who seized him, that case has no penalty.

116. If the one seized die of abuse or neglect in the
house of him who seized him, the owner of the one seized
shall call the merchant to account; and if it be a man's
son (that he seized) they shall put his son to death ; if it
be a man's servant (that he seized), he shall pay one-third
mana of silver and he shall forfeit whatever amount he
had lent.

117. If a man be in debt and sell his wife, son, or
daughter, or bind them over to service, for three years
they shall work in the house of their purchaser or master;
in the fourth year they shall be given their freedom.^

1 Cf. Exod. xxii. If. ; Lev. vi. 2/.

2 Cf. Gen. xxxi. 41, xlvii. 19 ; Exod. xxi. 2, 7 ; Lev. xxv. 39 /. ;
Deut. XV. 12, 14, 18; 2 Kings iv. 1; Noh. v. 5 /". ; Isa. xvi. 14,
xxi. 16, 1. 1 ; Jer. xxxiv. 8 ; Amos ii. 6, 8.

THE CODE OF HAMMURABI 21

118. If he bind over to service a male or female slave,
and if the merchant transfer or sell such slave, there is no
cause for complaint.

119. If a man be in debt and he sell his maid-servant
who has borne him children, the owner of the maid-
servant (i.e., the man in debt) shall repay the money which
the merchant paid (him), and he shall ransom his maid-
servant.

120. If a man store his grain in bins in the house of
another and an accident happen to the granary, or the
owner of the house open a bin and take grain, or he raise
a dispute about (or deny) the amount of grain which was
stored in his house, the owner of the grain shall declare
his grain in the presence of the god, and the owner of the
house shall double the amount of the grain which he took
and restore it to the owner of the grain. ^

121. If a man store grain in the house of another, he
shall pay storage at the rate of 5 KA of grain per GUR
each year.

122. If a man give to another silver, gold, or anything
else on deposit, whatever he gives he shall show to
witnesses, and he shall arrange the contracts (and) then he
shall make the deposit.^

123. If a man give on deposit without witnesses or
contracts, and at the place of deposit they dispute with
him [i.e., deny the deposit), that case has no penalty.

124. If a man give to another silver, gold, or anything
else on deposit in the presence of witnesses, and the latter
dispute with him (or deny it), they shall call that man to
account, and he shall double whatever he has disputed
and repay it.

125. If a man give anything of his on deposit, and at
the place of deposit either by burglary or pillage he sufifer

1 Cf. Exod. xxii. 6/. 2 cy^ ^xod. xxii. 7.

22 THE CODE OF HAMMURABI

loss in common with the owner of the house, the owner of
the house who has been negligent and has lost what was
given to him on deposit shall make good (the loss) and
restore (it) to the owner of the goods ; the owner of the
house shall institute a search for what has been lost and
take it from the thief. ^

126. If a man have not lost anything, but say that he
has lost something, or if he file a claim for loss when
nothing has been lost, he shall declare his (alleged) loss in
the presence of the god, and he shall double and pay for
the (alleged) loss the amount for which he made claim. ^

127. If a man point the finger at a votary or the wife
of another and cannot justify it, they shall drag that man
before the judges and they shall brand his forehead.

128. If a man take a wife and do not arrange with her
the (proper) contracts, that woman is not a (legal) wife.

129. If the wife of a man be taken in lying with another
man, they shall bind them and throw them into the wateri
If the husband of the woman would save his wife, or if the
king would save his male servant (he may).^

130. If a man force the (betrothed) wife of another who
has not known a male and is living in her father's house,
and he lie in her bosom and they take him, that man shall
be put to death and that woman shall go free.^

131. If a man accuse his wife and she has not been taken
in lying with another man, she shall take an oath in the
name of the god and she shall return to her house.

132. If the finger have been pointed at the wife of
a man because of another man, and she have not been
taken in lying with another man, for her husband's sake
she shall throw herself into the river. ^

1 Cf. Exod. xxii. 7. 2 Qf^ Exod. xxii. 9.

3 Cf. rien. xxxviii. 24 ; Lev. xx. 10 ; Dent. xxii. 22/

* Cf. Exod. xxii. 16; Deut. xxii. 23/.

B Cf. Num. V. 12/

THE CODE OF HAMMURABI 23

133. If a man be captured and there be maintenance in
his house and his wife go out of her house, she shall
protect her body (?) and she shall not enter into another
house.

133a. (If) that woman do not protect her body and
enter into another house, they shall call that woman to
account and they shall throw her into the water.

134. If a man be captured and there be no maintenance
in his house, and his wife enter into another house, that
woman has no blame.

135. If a man be captured and there be no maintenance j
in his house, and his wife openly enter into another house
and bear children ; if later her husband return and arrive

in his city, that woman shall return to her husband (and)
the children shall go to their father.

136. If a man desert his city and flee, and afterwards
his wife enter into another house ; if that man return and
would take his wife, the wife of the fugitive shall not
return to her husband, because he hated his city and fled.

137. If a man set his face to put away a concubine who
has borne him children, or a wife who has presented him
with children, he shall return to that woman her dowry and
shall give to her the income 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 to her a portion corresponding to
that of a son, and the man of her choice may marry her.

138. If a man would put away his wife who has not
borne him children, he shall give her money to the amount
of her marriage settlement, and he shall make good to her
the dowry which she brought from her father's house and
then he may put her away. ^

139. If there were no marriage settlement, he shall give
to her 1 mana of silver for a divorce.

1 Cf. Deut. xxiv. 1.

24 THE CODE OF HAMMUKABl

140. If he be a freeman, he shall give her one-third
mana of silver.

141. If the wife of a man who is living in his house set
her face to go out and play the part of a fool, neglect her
house, belittle her husband, they shall call her to account ;
if her husband say : ** I have put her away," he shall let
her go. On her departure nothing shall be given to her
for her divorce. If her husband say : '* I have not put
her away," her husband may take another woman. The
first woman shall dwell in the house of her husband as a
maid-servant.

142. If a woman hate her husband, and say: "Thou
shalt not have me," they shall inquire into her antecedents
for her defects, and if she have been a careful mistress and
be without reproach, and her husband have been going
about and greatly belittling her, that woman has no blame-
She shall receive her dowry and shall go to her father's
house.

143. If she have not been a careful mistress, have
gadded about, have neglected her house, and have belittled
her husband, they shall throw that woman into the water.

144. If a man take a wife and that wife give a maid-
servant to her husband and she bear children ; if that man
set his face to take a concubine, they shall not countenance
him. He may not take a concubine. ^

145. If a man take a wife and she do not present him
with children and he set his face to take a concubine, that
man may take a concubine and take her into his house.
That concubine shall not rank with his Avife.

146. If a man take a wife and she give a maid-servant to
her husband, and that maid-servant bear children and
afterwards would take rank with her mistress, because she
has borne children, her mistress may not sell her for

1 Cf. Gen. xvi. 1/., xxi. 10/., xxx. 3/., 9/.

THE CODE OF HAMMURABI 25

money, but she may reduce her to bondage and count her
among the maid-servants. *

147. If she have not borne children, her mistress may
sell her for money.

148. If a man take a wife and she become afflicted with
disease, and if he set his face to take another, he may.
His wife, who is afflicted with disease, he shall not put
away. She shall remain in the house which he has built
and he shall maintain her as long as she lives.

149. If that woman do not elect to remain in her
husband's house, he shall make good to her the dowry
which she brought from her father's house, and she may go.

150. If a man give to his wife field, garden, house, or
goods, and he deliver to her a sealed deed, after (the
death of) her husband, her children cannot make claim
against her. The mother after her (death) may will to
her child whom she lov^es, but to a brother she may not.

151. If a woman, who dwells in the house of a man,
make a contract with her husband that a creditor of his
may not hold her (for his debts) and compel him to deliver
a written agreement ; if that man were in debt before he
took that woman, his creditor may not hold his wife, and
if that woman were in debt before she entered into the
house of the man, her creditor may not hold her husband.

152. If they contract a debt after the woman has entered
into the house of the man, both of them shall be answerable
to the merchant.

153. If a woman bring about the death of her husband
for the sake of another man, they shall impale her.

154. If a man have known his daughter, they shall
expel that man from the city.

155. If a man have betrothed a bride to his son and his
son have known her, and if he (the father) afterward lie

i Cf. Gen. xvi. -i/., xxi. 10 ; Deut. xxi. 14 ; 1 Sam. i. 1 f.

26 THE CODE OF HAMMURABI

in ber bosom and tbey take bim, tbey sball bind tbat man
and tbrow bim into tbe water. ^

156. If a man bave betrothed a bride to bis son and bis
son bave not known ber, but be bimself lie in ber bosom,
be sball pay ber one-balf mana of silver and be sball make
good to ber wbatever sbe brougbt from tbe house of her
father, and tbe man of her choice may take her.^

157. If a man lie in the bosom of his mother after (the
death of) bis father, tbey shall burn both of them.^

158. If a man, after (the death of) his father, be taken
in tbe bosom of tbe chief wife (of his father) who has borne
children, that man sball be cut off from his father's bouse.*

159. If a man, who has brought a present to tbe house
of his father-in-law and has given the marriage settlement,
look with longing upon another woman and say to bis
father-in-law, "I will not take thy daughter"; the father
of the daughter shall take to himself wbatever was brougbt
to him.^

160. If a man bring a present to the house of his father-
in-law and give a marriage settlement, and the father of
the daughter say, " I will not give thee my daughter " ; he
(i.e., the father-in-law) shall double the amount which was
brought to bim and return it.

161. If a man bring a present to the house of his father-
in-law and give a marriage settlement, and his friend
slander him ; and if bis father-in-law say to the claimant
of the wife, "My daughter thou shalt not bave," he (the
father-in-law) shall double the amount which was brought
to him and return it, but his friend may not have his wife.

162. If a man take a wife and she bear him children,

» Cf. Gen. xxiv. 4/

2 Cf. Exod. xxii. 16 ; Lev. xx. 12 ; Deut. xxii. 28.

3 Cf. Lev. XX. 14. 4 Cf. Lev. xx. 11 ; Deut. xxii. 30.
'^ Of. Gen. xxiv. 53/., xxxi. 15.

THE CODE OF HAMMUEABI 27

and that woman die, her father may not lay claim to her
dowry. Her dowry belongs to her children.^

163. If a man take a wife and she do not present him
with children, and that woman die ; if his father-in-law
return to him the marriage settlement which that man
brought to the house of his father-in-law, her husband
may not lay claim to the dowry of that woman. Her
dowry belongs to the house of her father.

164. If his father-in-law do not return to him the
marriage settlement, he may deduct from her dowry the
amount of the marriage settlement and return (the rest)
of her dowry to the house of her father.

165. If a man present field, garden, or house to his
favourite son, and write for him a sealed deed ; after the
father dies, when the brothers divide, he shall take the
present which the father gave him, and over and above
they shall divide the goods of the father's house equally. ^

166. If a man take wives for his sons, and do not take
a wife for his youngest son, after the father dies, when the
brothers divide, they shall give from the goods of the
father's house to their youngest brother, who has not
taken a wife, money for a marriage settlement in addition
to his portion, and they shall enable him to take a wife.

167. If a man take a wife and she bear him children,
and that woman die, and after her (death) he take another
wife and she bear him children, and later the father die,
the children of the mothers shall not divide (the estate).
They shall receive the dowries of their respective mothers
and they shall divide equally the goods of the house of the
father.

168. If a man set his face to disinherit his son, and say

1 Gf. Gen. xxxi. 16.

2 Gf. Gen. xxiv. 36, xxv. 5, xxvii. 29, 37, xlviii. 22 ;
Luke XV. 31.

28 THE CODE OF HAMMURABI

to the judges : " I will disinherit my son," the judges shall
inquire into his antecedents, and if the son have not com-
mitted a crime sufficiently grave to cut him off from son-
ship, the father may not cut off his son from sonship.^

169. If he have committed a crime against his father
sufficiently grave to cut him off' from sonship, they shall
condone his first (offence). If he commit a grave crime a
second time, the father may cut off his son from sonship.2

170. If a man's wife bear him children and his maid-
servant bear him children, and the father during his life
time say to the children which the maid-servant bore him :
" My children," and reckon them with the children of his
wife, after the father dies the children of the wife and the
children of the maid-servant shall divide the goods of the
father's house equally. The child of the wife shall have
the right of choice at the division.^

171. But if the father during his lifetime have not said
to the children which the maid-servant bore him : " My
children," after the father dies, the children of the maid-
servant shall not share in the goods of the father's house
with the children of the wife. The maid-servant and her
children shall be given their freedom. The children of
the wife may not lay claim to the children of the maid-
servant for service. The wife shall receive her dowry
and the gift which her husband gave and deeded to her on
a tablet, and she may dwell in the house of her husband
and enjoy (the property) as long as she lives. She cannot
sell it, however, for after her (death) it belongs to her
children.^

172. If her husband have not given her a gift, they
shall make good her dowry and she shall receive from the

1 Cf. Deut. xxi. 18/ » Qf^ Dgut. xxi. 21.

3 Cf, Gen. xvi. 15, xxi. 10, xxv. 6.

* Cf. Gen. xxvii. 37, xxxi. 16 ; Exod. xxi. 10/. ; Deut. xxi. 16/.

THE CODE OF HAMMURABI 29

goods of her husband's house a portion corresponding to
that of her son. If her children scheme to drive her out
of the house, the judges shall inquire into her antecedents
and if the children be in the wrong, she shall not go from
her husband's house. If the woman set her face to go out,
she shall leave to her children the gift which her husband
gave her ; she shall receive the dowry of her father's
house, and the husband of her choice may take her.^

173. If that woman bear children to her later husband
into whose house she has entered and later on that woman
die, the former and the later children shall divide her
dowry.

174. If she do not bear children to her later husband,
the children of her first husband shall receive her dowry.

175. If either a slave of the palace or a slave of a free-
man take the daughter of a man (gentleman) and she bear
children, the owner of the slave may not lay claim to the
children of the daughter of the man for service.

176. And if a slave of the palace or a slave of a freeman
take the daughter of a man (gentleman) ; and if, when he
takes her, she enter into the house of the slave of the
palace or the slave of the freeman with the dowry of her
father's house ; if from the time that they join hands, they
build a house and acquire property ; and if later on the
slave of the palace or the slave of the freeman die, the
daughter of the man shall receive her dowry, and they
shall divide into two parts whatever her husband and she
had acquired from the time they had joined hands ; the
owner of the slave shall receive one-half and the daughter
of the man shall receive one-half for her children.

176a. If the daughter of the man had no dowry they
shall di-\dde into two parts whatever her husband and she
had acquired from the time they joined hands. The
1 Cf. Exod. xxi. 9.

30 THE CODE OF HAMMURABI

owner of the slave shall receive one-half and the daughter
of the man shall receive one-half for her children.

177. If a widow, whose children are minors, set her face
to enter another house, she cannot do so without the
consent of the judges When she enters another house,
the judges shall inquire into the estate of her former
husband, and they shall intrust the estate of her former
husband to the later husband and that woman, and they
shall deliver to them a tablet (to sign). They shall
administer the estate and rear the minors. They may not
sell the household goods. He w^ho purchases household
goods belonging to the sons of a widow shall forfeit his
money. The goods shall revert to their owner.

178. If (there be) a votary or a devotee to whom her
father has given a dowry and written a deed of gift ; if in
the deed which he has written for her, he have not written
"after her (death) she may give to whomsoever she may
please," and if he have not granted her full discretion ;
after her father dies her brothers shall take her field and
garden and they shall give her grain, oil, and wool accord-
ing to the value of her share, and they shall make her
content. If her brothers do not give her grain, oil, and
wool according to the value of her share and they do not
make her content, she may give her field and garden to
any tenant she may please and her tenant shall maintain
her. She shall enjoy the field, garden, or anything else
which her father gave her as long as she lives. She may
not sell it, nor transfer it. Her heritage belongs to her
brothers.

179. If (there be) a votary or a devotee to whom her
father has given a dowry and written a deed of gift ; if in
the deed which he has written for her, he have written
"after her (death) she may give to whomsoever she may
please," and he have granted her full discretion ; after her

THE CODE OF HAMMURABI 31

father dies she may give it to whomsoever she may please
after her (death). Her brothers may not lay claim against
her.

180. If a father do not give a dowry to his daughter, a
bride or devotee, after her father dies she shall receive as
her share in the goods of her father's house the portion of
a son, and she shall enjoy it as long as she lives. After
her (death) it belongs to her brothers.

181. If a father devote a votary or hierodule or virgin to
a god and do not give her a dowry, after her father dies she
shall receive as her share in the goods of her father's house
one-third of the portion of a son, and she shall enjoy it as
long as she lives. After her (death), it belongs to her
brothers.

182. If a father do not give a dowry to his daughter, a
votary of Marduk of Babylon, and do not write for her
a deed of gift ; after her father dies she shall receive as
her share with her brothers one- third the portion of a son
in the goods of her father's house, but she shall not con-
duct the business thereof. A votary of Marduk, after
her (death), may give to whomsoever she may please.

183. If a father present a dowry to his daughter, who
is a concubine, and give her to a husband and write a deed
of gift; after the father dies she shall not share in the
goods of her father's house. ^

184. If a man do not present a dowry to his daughter,
who is a concubine, and do not give her to a husband ;
after her father dies her brothers shall present her a dowry
proportionate to the fortune of her father's house and they
shall give her to a husband. ^

185. If a man take in his name a young child as a son,

1 Cf, Gen. XXV. 6 ; Judg. xi. 2.

2 Of. Gen. XXV. 6 ; Deut. xxi. 15/.

32 THE CODE OF HAMMURABI

and rear him, one may not bring claim for that adopted
son.^

1 86. If a man take a young child as a son, and when he
takes him he is rebellious towards his father and mother
(who have adopted him), that adopted son shall return to
the house of his father.

187. One may not bring a claim for the son of a NER.
SE. GA, who is a palace guard, or the son of a devotee.

188. If an artisan take a son for adoption and teach him
his handicraft, one may not bring claim for him.

189. If he do not teach him his handicraft, that adopted
son may return to his father's house.

190. If a man do not reckon among his sons the young
child whom he has taken for a son and reared, that
adopted son may return to his father's house.

191. If a man who has taken a young child as a son and
reared him, establish his own house and acquire children,
and set his face to cut off the adopted son, that son shall
not go his way- The father who reared him shall give to
him of his goods one-third the portion of a son and he
shall go. He shall not give to him of field, garden, or
house.

192. If the son of a ner. se. ga, or the son of a devotee,
say to his father who has reared him, or his mother who
has reared him : " My father thou art not," "My mother
thou art not," they shall cut out his tongue.

193. If the son of a ner. se. ga, or the son of a devotee,
identify his own father's house and hate the father who
has reared him and the mother who has reared him and
go back to his father's house, they shall pluck out his eye.^

194. If a man give his son to a nurse and that son die
in the hands of the nurse, and the nurse substitute
another son without the consent of his father or mother,

1 Cf. Gen. xlviii. 5. 2 cf. Prov. xxx. 17.

THE CODE OF HAMMURABI 33

they shall call her to account, and because she has substi-
tuted another son without the consent of his father or
mother, they shall cut off her breasts.

195. If a son strike his father, they shall cut off his
fingers.^

196. If a man destroy the eye of a man (gentleman), ]
they shall destroy his eye.^

197. If one break a man's bone, they shall break his
bone.

198. If one destroy the eye of a freeman or break the
bone of a freeman, he shall pay 1 mana of silver.

199. If one destroy the eye of a man's slave, or break a
bone of a man's slave, he shall pay one-half his price.^

200. If a man knock out a tooth of a man of his own
rank, they shall knock out his tooth.*

201. If one knock out the tooth of a freeman, he shall
pay one-third mana of silver.

202. If a man strike the person of a man — i.e., commit
an assault — who is his superior, he shall receive 60 strokes
with an ox-tail whip in public.

203. If a man strike another man of his own rank, he
shall pay 1 mana of silver.

204. If a freeman strike a freeman, he shall pay 10
shekels of silver.

205. If a man's slave strike a man's son, they shall cut
off his ear.

206. If a man strike another man in a quarrel and
wound him, he shall swear : " I struck him without
intent," and he shall be responsible for the physician.^

207. If (he) die as the result of the stroke, he shall

1 Cf. Exod. xxi. 15, 17.

2 Cf. Exod. xxi. 23-25 ; Lev. xxiv. 20 ; Deut. xix. 21 : Matt. v. 38.
^ Cf. Exod. xxi. 26/. * Of. Exod. xxi. 24.

5 Cf. Exod. xxi. 18/. ; Xura. xxxv. 16/. ; Deut. xix. 4/

34 THE CODE OF HAMMURABI

swear (as above), and if he be a man, he shall pay one-half
mana of silver. ^

208. If (he) be a freeman, he shall pay one-third mana
of silver.

209. If a man strike a man's daughter and bring about
a miscarriage, he shall pay 10 shekels of silver for her
miscarriage.'-^

210. If that woman die, they shall put his daughter to
death. ^

211. If, through a stroke, he bring about a miscarriage to
the daughter of a freeman, he shall pay 5 shekels of silver.

212. If that woman die, he shall pay one-half mana of
silver.

213. If he strike the female slave of a man and bring
about a miscarriage, he shall pay 2 shekels of silver.^

214. If that female slave die, he shall pay one-third
mana of silver.^

215. If a physician operate on a man for a severe wound
(or make a severe wound upon a man) with a bronze lancet
and save the man's life ; or if he open an abscess (in the
eye) of a man with a bronze lancet and save that man's eye,
he shall receive 10 shekels of silver (as his fee).

216. If he be a freeman, he shall receive 5 shekels.

217. If it be a man's slave, the owner of the slave shall
give 2 shekels of silver to the physician.

218. If a physician operate on a man for a severe wound
with a bronze lancet and cause the man's death ; or open
an abscess (in the eye) of a man with a bronze lancet and
destroy the man's eye, they shall cut off his fingers.

219. If a physician operate on a slave of a freeman for a

1 Cf. Exod. xxi. 18/ ; Num. xxxv. 16 /. ; Deut. xix. 4 f.

2 Cf. Exo<l. xxi. 22.

3 (Jf. Exod. xxi. 23 ; Dent. xxiv. 16.

* Gf. Exod. xxi. 20. « Cf. Exod. xxi. 22.

THE CODE OF HAMMURABI 35

severe wound with a bronze lancet and cause his death, he
shall restore a slave of equal value.

220. If he open an abscess (in his eye) with a bronze
lancet, and destroy his eye, he shall pay silver to the
extent of one-half of his price.
^ 221. If a physician set a broken bone for a man or cure
his diseased bowels, the patient shall give 5 shekels of
silver to the physician.

222. If he be a freeman, he shall give 3 shekels of
silver.

223. If it be a man's slave, the owner of the slave shall
give 2 shekels of silver to the physician.

^ 224. If a veterinary surgeon operate on an ox or an ass
for a severe wound and save its life, the owner of the ox
or ass shall give to the physician, as his fee, one-sixth of a
shekel of silver.

225. If he operate on an ox or an ass for a severe wound
and cause its death, he shall give to the owner of the ox or
ass one-fourth its value.

226. If a brander, without the consent of the owner of
the slave, brand a slave with the sign that he cannot
be sold, they shall cut off the fingers of that brander.

227. If a man deceive a brander, and he brand a slave
with the sign that he cannot be sold, they shall put that
man to death, and they shall cast him into his house. The
brander shall swear: "I did not brand him knowingly,"
and he shall go free.

228. If a builder build a house for a man and complete
it, (that man) shall give him 2 shekels of silver per SAR
of house as his wage.

229. If a builder build a house for a man and do not
make its construction firm, and the house which he has
built collapse and cause the death of the owner of the
house, that builder shall be put to death.

36 THE CODE OF HAMMURABI

230. If it cause the death of a son of the owner of the
house, they shall put to death a son of that builder.^

231. If it cause the death of a slave of the owner of the
house, he shall give to the owner of the house a slave of
equal value.

232. If it destroy property, he shall restore whatever is
destroyed, and because he did not make the house which
he built firm and it collapsed, he shall rebuild the house
which collapsed from his own property {i.e., at his own
expense;.

233. If a builder build a house for a man and do not
make its construction meet the requirements and a wall
fall in, that builder shall strengthen that wall at his own
expense.

234. If a boatman build a boat of 60 gur for a man, he
shall give to him 2 shekels of silver as his wage.

235. If a boatman build a boat for a man and he do not
make its construction seaworthy and that boat meet with
a disaster in the same year in which it was put into
commission, the boatman shall reconstruct that boat and
he shall strengthen it at his own expense, and he shall
give the boat when strengthened to the owner of the boat.

236. If a man hire his boat to a boatman and the boat-
man be careless and he sink or wreck the boat, the
boatman shall replace the boat to the owner of the
boat.

237. If a man hire a boatman and a boat, and freight it
with grain, wool, oil, dates, or any other kind of freight,
and that boatman be careless and he sink the boat or
wreck its cargo, the boatman shall replace the boat which
he sank and whatever portion of the cargo he wrecked.

238. If a boatman sink a man's boat and refloat it,
he shall give silver to the extent of one-half its value.

1 C/\ Deut. xxiv. 16.

THE CODE OF HAMMURABI 37

239. If a man hire a boatman he shall give him 6 gur
of grain per year.

240. If a boat under way strike a ferryboat (or boat at
anchor) and sink it, the owner of the boat whose boat was
sunk shall make declaration in the presence of the god
of everything that was lost in his boat and (the owner) of
(the vessel) under way which sank the ferryboat shall
replace his boat and whatever was lost.

241. If a man seize an ox for debt, he shall pay one-
third mana of silver.^

; 242, 243. If a man hire (an ox) for a year, he shall give
to its owner 4 GUR of grain as the hire of a draught ox
(and) 3 GUR of grain as the hire of a milch cow.

244. If a man hire an ox or an ass and a lion kill it
in the field, it is the owner's affair.

245. If a man hire an ox and cause its death through
neglect or abuse, he shall restore an ox of equal value
to the owner of the ox."^

246. If a man hire an ox and he break its foot or cut its
hamstring (?), he shall restore an ox of equal value to the
owner of the ox.^

247. If a man hire an ox and destroy its eye, he shall
pay silver to the owner of the ox to the extent of one-half
its value. ^

248. If a man hire an ox and break its horn or cut off
its tail or injure the flesh (through which) the ring (passes),
he shall pay silver to the extent of one-fourth (?) of its
value .^

249. If a man hire an ox and the god strike and it die,
the man who hired the ox shall take an oath before the
god and go free."^

1 Cf. Exod. xxii. 25, 26 ; Deut. xxiv. 6, 17 ; Job xxiv. 2.

2 Cf. Exod. xxii. 10/. ; Lev. xxiv, 21.

3 Cf. Exod. xxii. 10/.

38 THE CODE OF HAMMURABI

250. If a savage bull, in his charge, gore a man and bring
about his death, this case has no penalty. ^

251. If a man's bull have been wont to gore, and they
have made known to him his habit of goring and he have
not protected his horns or have not tied him up, and the
bull gore the son of a man and bring about his death, he
shall pay one-half mana of silver.^

252. If it be the servant of a man, he shall pay one-third
mana of silver. ^

253. If a man hire a man to oversee his farm and furnish
him with seed-grain and entrust him with oxen and contract
with him to cultivate the field, and that man steal either
the seed or the crop and it be found in his possession, they
shall cut off his fingers.

254. If he take the seed-grain and overwork the
oxen, he shall restore the quantity of grain which he has
hoed.

255. If he let the oxen of the man on hire, or steal the
seed -grain" and there be no crop in the field, they shall call
that man to account, and he shall measure out 60 GUR
of grain per gan.

256. If he be not able to meet his obligation, they shall
leave him in that field with the cattle.

257. If a man hire a field-labourer, he shall pay him
8 GUR of grain per year.

258. If a man hire a herdsman, he shall pay him 6 GUR
of grain per year.

259. If a man steal a watering-machine in a field, he
shall pay 5 shekels of silver to the owner of the watering-
machine.

260. If a man steal a watering-bucket or a harrow, he
shall pay 3 shekels of silver.

1 Cf. Exod. xxi. 28. 2 Qf^ Exod. xxi. 29/.

3 Cf. Exod. xxi. 32

THE CODE OF HAMMURABI 39

261. If a man hire a herdsman to pasture oxen or
sheep, he shall paj him 8 GUR of grain per year.

262. If a man, an ox, or a sheep to . . .

263. If he lose an ox or sheep which is given to him, he
shall restore to their owner ox for ox, sheep for sheep. ^

264. If a shepherd, to whom oxen or sheep have been
given to pasture, receive as his hire whatever was agreed
upon (?) and be satisfied, and he let the cattle or sheep
decrease in number, or lessen the birth-rate, according to
his contracts he shall make good the birth-rate and the
produce.

265. If a shepherd, to whom oxen or sheep have been
given to pasture, have been dishonest or have altered the
price, or sold them, they shall call him to account, and he
shall restore to their owner oxen and sheep tenfold what
he has stolen.

266. If a visitation of god happen to a fold, or a lion
kill, the shepherd shall declare himself innocent before
the god, and the owner of the fold shall suffer the damage. ^

267. If a shepherd be careless and he bring about an
accident in the fold, the shepherd shall make good in
cattle and sheep the loss through the accident which he
brought about in the fold, and give them to their owner.^

268. If a man hire an ox to thresh, 20 ka of grain is its
hire.

269. If he hire an ass to thresh, 10 ka of grain is its
hire:

270. If he hire a young animal (goat) to thresh, 1 ka of
grain is its hire.

271. If a man hire oxen, a wagon, and a driver, he
shall pay 180 ka of grain per day.

272. If a man hire a wagon only, he shall pay 40 KA
of grain per day.

1 Of. Lev. xxiv. 18. 2 qj^ Exod. xxii. 10/. ; John x. 12.

3 Of. Exod. xxii. 12.

40 THE CODE OF HAMMURABI

273. If a man hire a labourer, from the beginning of the
year until the fifth month, he shall pay 6 SE of silver per
day ; from the sixth month until the end of the year he
shall pay 5 SE of silver per day.

274. If a man hire an artisan, the wage of a ... is
5 SE of silver ; the wage of a brickmaker (?) is 5 SE of
silver ; the wage of a tailor is 5 SE of silver ; the wage
of a stone-cutter is ... SE of silver ; the wage of a . . .
is ... SE of silver ; the wage of a ... is ... SE of
silver ; the wage of a carpenter is 4 SE of silver ; the wage
of a (1) is . . . SE of silver ; the wage of a . . . is . . .
SE of silver ; the wage of a mason is ... SE of silver ; so
much per day shall he pay.

275. If a man hire a . . . its hire is 3 SE of silver per
day.

276. If he hire a sail-boat (1), he shall pay 2 J SE of silver
per day as its hire.

277. If a man hire a boat of 60 gur (tonnage), he shall
pay one-sixth of a shekel of silver as its hire per day.

278. If a man sell a male or female slave, and the slave
have not completed his month, and the hennu fever fall
upon him, he (the purchaser) shall return him to the
seller, and he shall receive the money which he paid.

279. If a man sell a male or female slave and there be
a claim upon him, the seller shall be responsible for the
claim.

280. If a man purchase a male or female slave of a man
in a foreign country, and if, when he comes back to his
own land, the (former) owner of the male or female slave
recognize his male or female slave — if the male or female
slave be a native of the land, he shall grant them their
freedom without money. ^

281. If they be natives of another land, the purchaser

1 Cf. Exod. xxi. 8.

THE CODE OF HAMMUEABI 41

shall declare before the god the money which he paid (for
them), and the owner of the male or female slave shall
give to the merchant the money which he paid out, and he
(the owner) shall receive into his care his male or female
slave.

282. If a male slave say to his master : " Thou art not
my master," his master shall prove him to be his slave,
and shall cut off his ear.

EPILOGUE.

The righteous laws, which Hammurabi, the wise king,
established and (by which) he gare the land stable support
and pure government. Hammurabi, the perfect king, am
I. I was not careless, nor was I neglectful of the Black
Head people, whose rule Enlil presented and Marduk
delivered to me. I provided them with a peaceful country.
I opened up difficult barriers and lent them support. With
the powerful weapon which Za-mama and Nana entrusted
to me, with the breadth of vision which Ea allotted to me,
with the might which Marduk gave me, I expelled the
enemy to the north and south ; I made an end of their
raids ; I brought health to the land ; I made the populace
to rest in security ; I permitted no one to molest them. ^.,

The great gods proclaimed me, and I am the guardian
governor, whose sceptre is righteous and whose beneficent
protection is spread over my city. In my bosom I carried
the people of the land of Sumer and Akkad ; under my
protection I brought their brethren into security ; in my
wisdom I restrained (hid) them ; that the strong might
not oppose the weak, and that they should give justice to
the orphan and the widow, in Babylon, the city whose
turrets Anu and Enlil raised ; in Esagila, the temple whose
foundations are firm as heaven and earth, for the pro-

42 THE CODE OF HAMMURABI

nouncing of judgments in the land, for the rendering of
decisions for the land, and for the righting of wrong, my
weight}^ words I have written upon my monument, and in
the presence of my image as king of righteousness have
I establishod. (

The king, who is pre-eminent among city kings, am I.
My words are precious, my wisdom is unrivalled. By the
command of Shamash, the great judge of heaven and
earth, may I make righteousness to shine forth in the land.
By the order of Marduk, my lord, may no one efface my
statues, may my name be remembered with favour in
Esagila for ever.

(Col. 41.) Let any oppressed man, who has a cause,
come before my image as king of righteousness ! Let
him read the inscriptions on my monument ! Let
him give heed to my weighty words ! And may my
monument enlighten him as to his cause, and may he
understand his case ! May he set his heart at ease ! (and
he will exclaim) : "Hammurabi indeed is a ruler, who is
like a real father to his people ; he has given reverence to
the words of Marduk, his lord ; he has obtained victory
for Marduk in north and south ; he has made glad the
heart of Marduk, his lord ; he has established prosperity
for the people for all time and given a pure government to
the land." Let him read the code and pray with full
heart before Marduk, my lord, and Zarpanit, my lady,
and may the protecting deities, the gods who enter
Esagila, daily in the midst of Esagila look with favour on
his wishes (plans) in the presence of Marduk, my lord, and
Zarpanit, my lady !

In the days that are yet to come, for all future time,
may the king who is in the land observe the words of
righteousness which I have written upon ray monument !
May he not alter the judgments of the land which I have

THE CODE OF HAMMURABI 43

pronounced, or the decisions of the country which I have
rendered ! May he not efface my statues ! If that man
have wisdom, if he wish to give his land good government,
let him give attention to the words which I have written
upon my monument ! And may this monument enlighten
him as to procedure and administration, the judgments
which I have pronounced, and the decisions which I have
rendered for the land ! And let him rightly rule his
Black Head people ; let him pronounce judgments for
them and render for them decisions ! Let him root out
the wicked and evildoer from his land ! Let him promote
the welfare of his people !

Hammurabi, the king of righteousness, whom Shamash
has endowed with justice, am I. My words are weighty ;
my deeds are unrivalled. . . .

(Col. 42.) and the bringing to honour.

If that man pay attention to my words which I have
written upon my monument, do not efface my judgments,
do not overrule my words, and do not alter my statues,
then will Shamash prolong that man's reign, as he has
mine, who am king of righteousness, that he may rule his
people in righteousness.

If that man do not pay attention to my words which
I have written upon my monument ; if he forget my curse
and do not fear the curse of god ; if he abolish the
judgments which I have formulated, overrule my words,
alter my statues, efface my name written thereon and
write his own name ; on account of these curses, com-
mission another to do so— as for that man, be he king or
lord^ or priest-king or commoner, whoever he may be, may
the great god, the father of the gods, who has ordained
my reign, take from him the glory of his sovereignty, may
he break his sceptre and curse his fate !

May Enlil, the lord, who determines destinies, whose

44 THE CODE OF HAMMURABI

command cannot be altered, who has enlarged my dominion,
drive him out from his dwelling through a revolt which
his hand cannot control and a curse destructive to him!
May he determine as his fate a reign of sighs, days few in
number, years of famine, darkness without light, death
staring him in the face ! The destruction of his city, the
dispersion of his people, the wresting away of his dominion,
the blotting out of his name and memory from the land,
may Enlil order with his potent command !
• May Belit, the august mother, whose command is potent
in E-kur, who looks with gracious favour upon my plans,
in the place of judgment and decisions pervert his words
in the presence of Enlil ! May she put into the mouth of
Enlil, the king, the ruin of his land, the destruction of his
people, and the pouring out of his life like water !

May Ea, the great prince, whose decrees take pre-
cedence, the leader of the gods, who knows everything ;
who prolongs (Col. 43) the days of my life, deprive him of
knowledge and wisdom ! May he bring him to oblivion,
and dam up his rivers at their sources ! May he not
permit corn, which is the life of the people, to grow in his
land!

May Shamash, the great judge of heaven and earth,
who rules all living creatures, the lord (inspiring) con-
fidence, overthrow his dominion ; may he not grant him
his rights ! May he make him to err in his path, may he
destroy the mass (foundation) of his troops ! May he
bring to his view an evil omen of the uprooting of the
foundation of his sovereignty, and the ruin of his land !

May the blighting curse of Shamash come upon him
quickly ! May he cut off his life above (upon the earth) !
Below, within the earth, may he deprive his spirit of water !

May Sin, the lord of heaven, my divine creator, whose
scimitar shines among the gods, take away from him the

THE CODE OF HAMMURABI 45

crown and throne of sovereignty ! May he lay upon him
heavy guilt and great sin, which will not depart from him !
May he bring to an end the days, months, and years of
his reign with sighing and tears ! May he multiply the
burdens of his sovereignty ! May he determine as his
fate a life like unto death !

May Adad, the lord of abundance, the agent of heaven
and earth, my helper, deprive him of the rain from heaven
and the water-floods from the springs ! May he bring his
land to destruction through want and hunger ! May he
break loose furiously over his city and turn his land into
a heap left by a whirlwind !

May Za-md-ma, the great warrior, the chief son of
E-kur, who goes at my right hand, shatter his weapons on
the field of battle ! May he turn day into night for him,
and place his enemy over him !

May Ishtar, goddess of battle and conflict, who makes
ready my weapons, the gracious protecting deity, who
loves my reign, curse his dominion with great fury in her
wrathful heart, and turn good into evil for him (Col. 44) !
May she shatter his weapons on the field of battle and
conflict ! May she create confusion and revolt for him !
May she strike down his warriors, may their blood water
the earth ! May she cast the bodies of his warriors upon
the field in heaps ! May she not grant his warriors
[burial (?)] ! May she deliver him into the hands of his
enemies, and may they carry him away bound into a
hostile land !

May Nergal, the mighty among the gods, the warrior
without an equal, who grants me victory, in his great
power, burn his people like a raging fire of swamp-reed !
With his powerful weapon, may he cut him off and may he
break his members like an earthen image !

May Nin-tu, the exalted mistress of the lands, the mother

46 THE CODE OF HAMMURABI

who bore me, deny him a son ! May she not let him hold
a name among his people, nor beget an heir !

May Nin-kar-ra-sa, the daughter of Ann, who commands
favours for me in E-kur, cause to come upon his members
until it overcomes his life a grievous malady, an evil
disease, a dangerous sore, which cannot be cured, which
the physician cannot diagnose, which he cannot allaywith
bandages, and which, like the bite of death, cannot be
removed ! May he lament the loss of his vigour ! 2

May the great gods of heaven and earth, the Anunnaki
in their assembly, curse with blighting curses the wall of
the temple, the construction of the E-babbarra, his seed,
his land, his army, his people, and his troops !

May Enlil with his command, which cannot be altered,
curse him with a powerful curse, and may it come upon
him speedily !

HILLINU ANU bONS, LTD., HKlNTKKh, OUU.DKOUU, KNGLAND

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