The Oldest Code Of Laws In The World The Code Of Laws Promulgat
Chapter 2
section 63. If the field was unreclaimed land, he shall do the ordered work on the field and return it to the owner of the field and measure out ten _GUR_ of corn _per GAN_ for each year.
section 64. If a man has given his garden to a gardener to farm, the gardener as long as he holds the garden shall give to the owner of the garden two-thirds from the produce of the garden, and he himself shall take one-third.
section 65. If the gardener does not farm the garden and has diminished the yield, he shall measure out the yield of the garden like its neighbour.
NOTE.--Here five columns of the monument have been erased, only the commencing characters of column xvii. being visible. The subjects of this last part included the further enactments concerning the rights and duties of gardeners, the whole of the regulations concerning houses let to tenants, and the relationships of the merchant to his agents, which continue on the obverse of the monument. [See page 58.] Scheil estimates the lost portion at 35 sections, and following him we recommence with
section 100. . . . the interests of the money, as much as he took, he shall write down, and when he has numbered his days he shall answer his merchant.
section 101. If where he has gone he has not seen prosperity, he shall make up and return the money he took, and the agent shall give to the merchant.
section 102. If a merchant has given to the agent money as a favour, and where he has gone he has seen loss, the full amount of money he shall return to the merchant.
section 103. If while he goes on his journey the enemy has made him quit whatever he was carrying, the agent shall swear by the name of God and shall go free.
section 104. If the merchant has given to the agent corn, wool, oil, or any sort of goods, to traffic with, the agent shall write down the price and hand over to the merchant; the agent shall take a sealed memorandum of the price which he shall give to the merchant.
section 105. If an agent has forgotten and has not taken a sealed memorandum of the money he has given to the merchant, money that is not sealed for, he shall not put in his accounts.
section 106. If an agent has taken money from a merchant and his merchant has disputed with him, that merchant shall put the agent to account before God and witnesses concerning the money taken, and the agent shall give to the merchant the money as much as he has taken threefold.
section 107. If a merchant has wronged an agent and the agent has returned to his merchant whatever the merchant gave him, the merchant has disputed with the agent as to what the agent gave him, that agent shall put the merchant to account before God and witnesses, and the merchant because he disputed the agent shall give to the agent whatever he has taken sixfold.
section 108. If a wine merchant has not received corn as the price of drink, has received silver by the great stone, and has made the price of drink less than the price of corn, that wine merchant one shall put her to account and throw her into the water.
section 109. If a wine merchant has collected a riotous assembly in her house and has not seized those rioters and driven them to the palace, that wine merchant shall be put to death.
section 110. If a votary, a lady, who is not living in the convent, has opened a wine shop or has entered a wine shop for drink, that woman one shall burn her.
section 111. If a wine merchant has given sixty _KA_ of best beer at harvest time for thirst, she shall take fifty _KA_ of corn.
section 112. If a man stays away on a journey and has given silver, gold, precious stones, or treasures of his hand to a man, has caused him to take them for transport, and that man whatever was for transport, where he has transported has not given and has taken to himself, the owner of the transported object, that man, concerning whatever he had to transport and gave not, shall put him to account, and that man shall give to the owner of the transported object fivefold whatever was given him.
section 113. If a man has corn or money upon a man, and without consent of the owner of the corn has taken corn from the heap or from the store, that man for taking of the corn without consent of the owner of the corn from the heap or from the store, one shall put him to account, and he shall return the corn as much as he has taken, and shall lose all that he gave whatever it be.
section 114. If a man has not corn or money upon a man and levies a distraint, for every single distraint he shall pay one-third of a mina.
section 115. If a man has corn or money upon a man and has levied a distraint, and the distress in the house of his distrainer dies a natural death, that case has no penalty.
section 116. If the distress has died in the house of his distrainer, of blows or of want, the owner of the distress shall put his merchant to account, and if he be the son of a freeman (that has died), his son one shall kill; if the slave of a free-man, he shall pay one-third of a mina of silver, and he shall lose all that he gave whatever it be.
section 117. If a man a debt has seized him, and he has given his wife, his son, his daughter for the money, or has handed over to work off the debt, for three years they shall work in the house of their buyer or exploiter, in the fourth year he shall fix their liberty.
section 118. If he has handed over a manservant or a maidservant to work off a debt, and the merchant shall remove and sell them for money, no one can object.
section 119. If a debt has seized a man, and he has handed over for the money a maidservant who has borne him children, the money the merchant paid him the owner of the maid shall pay, and he shall ransom his maid.
section 120. If a man has heaped up his corn in a heap in the house of a man, and in the granary a disaster has taken place, or the owner of the house has opened the granary and taken the corn, or has disputed as to the total amount of the corn that was heaped up in his house, the owner of the corn shall recount his corn before God, the owner of the house shall make up and return the corn which he took and shall give to the owner of the corn.
section 121. If a man has heaped up corn in the house of a man, he shall give as the price of storage five _KA_ of corn _per GUR_ of corn _per annum_.
section 122. If a man shall give silver, gold, or anything whatever, to a man on deposit, all whatever he shall give he shall shew to witnesses and fix bonds and shall give on deposit.
section 123. If without witness and bonds he has given on deposit, and where he has deposited they keep disputing him, this case has no remedy.
section 124. If a man has given silver, gold, or anything whatever to a man on deposit before witnesses and he has disputed with him, one shall put that man to account, and whatever he has disputed he shall make up and shall give.
section 125. If a man has given anything of his on deposit, and where he gave it, either by housebreaking or by rebellion, something of his has been lost, along with something of the owner of the house, the owner of the house who has defaulted all that was given him on deposit and has been lost, he shall make good and render to the owner of the goods, the owner of the house shall seek out whatever of his is lost and take it from the thief.
section 126. If a man has lost nothing of his, but has said that something of his is lost, has exaggerated his loss, since nothing of his is lost, his loss he shall recount before God, and whatever he has claimed he shall make up and shall give to his loss.
section 127. If a man has caused the finger to be pointed against a votary, or a man's wife, and has not justified himself, that man they shall throw down before the judge and brand his forehead.
section 128. If a man has married a wife and has not laid down her bonds, that woman is no wife.
section 129. If the wife of a man has been caught in lying with another male, one shall bind them and throw them into the waters. If the owner of the wife would save his wife or the king would save his servant (he may).
section 130. If a man has forced the wife of a man who has not known the male and is dwelling in the house of her father, and has lain in her bosom and one has caught him, that man shall be killed, the woman herself shall go free.
section 131. If the wife of a man her husband has accused her, and she has not been caught in lying with another male, she shall swear by God and shall return to her house.
section 132. If a wife of a man on account of another male has had the finger pointed at her, and has not been caught in lying with another male, for her husband she shall plunge into the holy river.
section 133. If a man has been taken captive and in his house there is maintenance, his wife has gone out from her house and entered into the house of another, because that woman has not guarded her body, and has entered into the house of another, one shall put that woman to account and throw her into the waters.
section 134. If a man has been taken captive and in his house there is no maintenance, and his wife has entered into the house of another, that woman has no blame.
section 135. If a man has been taken captive and in his house there is no maintenance before her, his wife has entered into the house of another and has borne children, afterwards her husband has returned and regained his city, that woman shall return to her bridegroom, the children shall go after their father.
section 136. If a man has left his city and fled, after him his wife has entered the house of another, if that man shall return and has seized his wife, because he hated his city and fled, the wife of the truant shall not return to her husband.
section 137. If a man has set his face to put away his concubine who has borne him children or his wife who has granted him children, to that woman he shall return her her marriage portion and shall give her the usufruct of field, garden, and goods, and she shall bring up her children. From the time that her children are grown up, from whatever is given to her children they shall give her a share like that of one son, and she shall marry the husband of her choice.
section 138. If a man has put away his bride who has not borne him children, he shall give her money as much as her dowry, and shall pay her the marriage portion which she brought from her father's house, and shall put her away.
section 139. If there was no dowry, he shall give her one mina of silver for a divorce.
section 140. If he is a poor man, he shall give her one-third of a mina of silver.
section 141. If the wife of a man who is living in the house of her husband has set her face to go out and has acted the fool, has wasted her house, has belittled her husband, one shall put her to account, and if her husband has said, 'I put her away,' he shall put her away and she shall go her way, he shall not give her anything for her divorce. If her husband has not said 'I put her away,' her husband shall marry another woman, that woman as a maidservant shall dwell in the house of her husband.
section 142. If a woman hates her husband and has said 'Thou shalt not possess me,' one shall enquire into her past what is her lack, and if she has been economical and has no vice, and her husband has gone out and greatly belittled her, that woman has no blame, she shall take her marriage portion and go off to her father's house.
section 143. If she has not been economical, a goer about, has wasted her house, has belittled her husband, that woman one shall throw her into the waters.
section 144. If a man has espoused a votary, and that votary has given a maid to her husband and has brought up children, that man has set his face to take a concubine, one shall not countenance that man, he shall not take a concubine.
section 145. If a man has espoused a votary, and she has not granted him children and he has set his face to take a concubine, that man shall take a concubine, he shall cause her to enter into his house. That concubine he shall not put on an equality with the wife.
section 146. If a man has espoused a votary, and she has given a maid to her husband and she has borne children, afterwards that maid has made herself equal with her mistress, because she has borne children her mistress shall not sell her for money, she shall put a mark upon her and count her among the maidservants.
section 147. If she has not borne children her mistress may sell her for money.
section 148. If a man has married a wife and a sickness has seized her, he has set his face to marry a second wife, he may marry her, his wife whom the sickness has seized he shall not put her away, in the home she shall dwell, and as long as she lives he shall sustain her.
section 149. If that woman is not content to dwell in the house of her husband, he shall pay her her marriage portion which she brought from her father's house, and she shall go off.
section 150. If a man to his wife has set aside field, garden, house, or goods, has left her a sealed deed, after her husband her children shall not dispute her, the mother after her to her children whom she loves shall give, to brothers she shall not give.
section 151. If a woman, who is dwelling in the house of a man, her husband has bound himself that she shall not be seized on account of a creditor of her husband's, has granted a deed, if that man before he married that woman had a debt upon him, the creditor shall not seize his wife, and if that woman before she entered the man's house had a debt upon her, her creditor shall not seize her husband.
section 152. If from the time that that woman entered into the house of the man a debt has come upon them, both together they shall answer the merchant.
section 153. If a man's wife on account of another male has caused her husband to be killed, that woman upon a stake one shall set her.
section 154. If a man has known his daughter, that man one shall expel from the city.
section 155. If a man has betrothed a bride to his son and his son has known her, and he afterwards has lain in her bosom and one has caught him, that man one shall bind and cast her into the waters.
section 156. If a man has betrothed a bride to his son and his son has not known her, and he has lain in her bosom, he shall pay her half a mina of silver and shall pay to her whatever she brought from her father's house, and she shall marry the husband of her choice.
section 157. If a man, after his father, has lain in the bosom of his mother, one shall burn them both of them together.
section 158. If a man, after his father, has been caught in the bosom of her that brought him up, who has borne children, that man shall be cut off from his father's house.
section 159. If a man who has brought in a present to the house of his father-in-law, has given a dowry, has looked upon another woman, and has said to his father-in-law, 'Thy daughter I will not marry,' the father of the daughter shall take to himself all that he brought him.
section 160. If a man has brought in a present to the house of his father-in-law, has given a dowry, and the father of the daughter has said, 'My daughter I will not give thee,' he shall make up and return everything that he brought him.
section 161. If a man has brought in a present to the house of his father-in-law, has given a dowry, and a comrade of his has slandered him, his father-in-law has said to the claimant of the wife, 'My daughter thou shalt not espouse,' he shall make up and return all that he brought him, and his comrade shall not marry his wife.
section 162. If a man has married a wife and she has borne him children, and that woman has gone to her fate, her father shall have no claim on her marriage portion, her marriage portion is her children's forsooth.
section 163. If a man has married a wife, and she has not granted him children, that woman has gone to her fate, if his father-in-law has returned him the dowry that that man brought to the house of his father- in-law, her husband shall have no claim on the marriage portion of that woman, her marriage portion belongs to the house of her father forsooth.
section 164. If his father-in-law has not returned him the dowry, he shall deduct all her dowry from his marriage portion and shall return her marriage portion to the house of her father.
section 165. If a man has apportioned to his son, the first in his eyes, field, garden, and house, has written him a sealed deed, after the father has gone to his fate, when the brothers divide, the present his father gave him he shall take, and over and above he shall share equally in the goods of the father's house.
section 166. If a man, in addition to the children which he has possessed, has taken a wife, for his young son has not taken a wife, after the father has gone to his fate, when the brothers divide, from the goods of the father's house to their young brother who has not taken a wife, beside his share, they shall assign him money as a dowry and shall cause him to take a wife.
section 167. If a man has taken a wife, and she has borne him sons, that woman has gone to her fate, after her, he has taken to himself another woman and she has borne children, afterwards the father has gone to his fate, the children shall not share according to their mothers, they shall take the marriage portions of their mothers and shall share the goods of their father's house equally.
section 168. If a man has set his face to cut off his son, has said to the judge 'I will cut off my son,' the judge shall enquire into his reasons, and if the son has not committed a heavy crime which cuts off from sonship, the father shall not cut off his son from sonship.
section 169. If he has committed against his father a heavy crime which cuts off from sonship, for the first time the judge shall bring back his face; if he has committed a heavy crime for the second time, the father shall cut off his son from sonship.
section 170. If a man his wife has borne him sons, and his maidservant has borne him sons, the father in his lifetime has said to the sons which the maidservant has borne him 'my sons,' has numbered them with the sons of his wife, after the father has gone to his fate, the sons of the wife and the sons of the maidservant shall share equally in the goods of the father's house; the sons that are sons of the wife at the sharing shall choose and take.
section 171. And if the father in his lifetime, to the sons which the maidservant bore him, has not said 'my sons,' after the father has gone to his fate the sons of the maid shall not share with the sons of the wife in the goods of the father's house, one shall assign the maidservant and her sons freedom; the sons of the wife shall have no claim on the sons of the maidservant for servitude, the wife shall take her marriage portion and the settlement which her husband gave her and wrote in a deed for her and shall dwell in the dwelling of her husband, as long as lives she shall enjoy, for money she shall not give, after her they are her sons' forsooth.
section 172. If her husband did not give her a settlement, one shall pay her her marriage portion, and from the goods of her husband's house she shall take a share like one son. If her sons worry her to leave the house, the judge shall enquire into her reasons and shall lay the blame on the sons, that woman shall not go out of her husband's house. If that woman has set her face to leave, the settlement which her husband gave her she shall leave to her sons, the marriage portion from her father's house she shall take and she shall marry the husband of her choice.
section 173. If that woman where she has entered shall have borne children to her later husband after that woman has died, the former and later sons shall share her marriage portion.
section 174. If she has not borne children to her later husband, the sons of her bridegroom shall take her marriage portion.
section 175. If either the slave of the palace or the slave of the poor man has taken to wife the daughter of a gentleman, and she has borne sons, the owner of the slave shall have no claim on the sons of the daughter of a gentleman for servitude.
section 176. And if a slave of the palace or the slave of a poor man has taken to wife the daughter of a gentleman and, when he married her, with a marriage portion from her father's house she entered into the house of the slave of the palace, or of the slave of the poor man, and from the time that they started to keep house and acquired property, after either the servant of the palace or the servant of the poor man has gone to his fate, the daughter of the gentleman shall take her marriage portion, and whatever her husband and she from the time they started have acquired one shall divide in two parts and the owner of the slave shall take one-half, the daughter of a gentleman shall take one-half for her children. If the gentleman's daughter had no marriage portion, whatever her husband and she from the time they started have acquired one shall divide into two parts, and the owner of the slave shall take half, the gentleman's daughter shall take half for her sons.
section 177. If a widow whose children are young has set her face to enter into the house of another, without consent of a judge she shall not enter. When she enters into the house of another the judge shall enquire into what is left of her former husband's house, and the house of her former husband to her later husband, and that woman he shall entrust and cause them to receive a deed. They shall keep the house and rear the little ones. Not a utensil shall they give for money. The buyer that has bought a utensil of a widow's sons shall lose his money and shall return the property to its owners.
section 178. If a lady, votary, or a vowed woman whose father has granted her a marriage portion, has written her a deed, in the deed he has written her has not, however, written her 'after her wherever is good to her to give,' has not permitted her all her choice, after the father has gone to his fate, her brothers shall take her field and her garden, and according to the value of her share shall give her corn, oil, and wool, and shall content her heart. If her brothers have not given her corn, oil, and wool according to the value of her share, and have not contented her heart, she shall give her field or her garden to a cultivator, whoever pleases her, and her cultivator shall sustain her. The field, garden, or whatever her father has given her she shall enjoy as long as she lives, she shall not give it for money, she shall not answer to another, her sonship is her brothers' forsooth.
section 179. If a lady, a votary, or a woman vowed, whose father has granted her a marriage portion, has written her a deed, in the deed he wrote her has written her 'after her wherever is good to her to give,' has allowed to her all her choice, after the father has gone to his fate, after her wherever is good to her she shall give, her brothers have no claim on her.
section 180. If a father to his daughter a votary, bride, or vowed woman has not granted a marriage portion, after the father has gone to his fate, she shall share in the goods of the father's house a share like one son, as long as she lives she shall enjoy, after her it is her brothers' forsooth.
section 181. If a father has vowed to God a votary, hierodule, or _NU- BAR_, and has not granted her a marriage portion, after the father has gone to his fate she shall share in the goods of the father's house one- third of her sonship share and shall enjoy it as long as she lives, after her it is her brothers' forsooth.