Chapter 3

section 182. If a father, to his daughter, a votary of Marduk, of Babylon, has not granted her a marriage portion, has not written her a deed, after the father has gone to his fate, she shall share with her brothers in the goods of the father's house, one-third of her sonship share, and shall pay no tax; a votary of Marduk, after her, shall give wherever it is good to her.

section 183. If a father to his daughter, a concubine, has granted her a marriage portion, has given her to a husband, has written her a deed, after the father has gone to his fate, she shall not share in the goods of the father's house.

section 184. If a man to his daughter, a concubine, has not granted a marriage portion, has not given her to a husband, after the father has gone to his fate, her brothers according to the capacity of the father's house, shall grant her a marriage portion and shall give her to a husband.

section 185. If a man has taken a young child 'from his waters' to sonship, and has reared him up, no one has any claim against that nursling.

section 186. If a man has taken a young child to sonship, and when he took him his father and mother rebelled, that nursling shall return to his father's house.

section 187. The son of a _NER-SE-GA_, a palace warder, or the son of a vowed woman no one has any claim upon.

section 188. If an artisan has taken a son to bring up, and has caused him to learn his handicraft, no one has any claim.

section 189. If he has not caused him to learn his handicraft, that nursling shall return to his father's house.

section 190. If a man the child whom he took to his sonship and has brought him up, has not numbered him with his sons, that nursling shall return to his father's house.

section 191. If a man, after a young child whom he has taken to his sonship and brought him up, has made a house for himself and acquired children, and has set his face to cut off the nursling, that child shall not go his way, the father that brought him up shall give to him from his goods one-third of his sonship, and he shall go off; from field, garden, and house he shall not give him.

section 192. If a son of a palace warder, or of a vowed woman, to the father that brought him up, and the mother that brought him up, has said 'thou art not my father, thou art not my mother,' one shall cut out his tongue.

section 193. If a son of a palace warder, or of a vowed woman, has known his father's house, and has hated the father that brought him up or the mother that brought him up, and has gone off to the house of his father, one shall tear out his eye.

section 194. If a man has given his son to a wet nurse, that son has died in the hand of the wet nurse, the wet nurse without consent of his father and his mother has procured another child, one shall put her to account, and because, without consent of his father and his mother, she has procured another child, one shall cut off her breasts.

section 195. If a man has struck his father, his hands one shall cut off.

section 196. If a man has caused the loss of a gentleman's eye, his eye one shall cause to be lost.

section 197. If he has shattered a gentleman's limb, one shall shatter his limb.

section 198. If he has caused a poor man to lose his eye or shattered a poor man's limb, he shall pay one mina of silver.

section 199. If he has caused the loss of the eye of a gentleman's servant or has shattered the limb of a gentleman's servant, he shall pay half his price.

section 200. If a man has made the tooth of a man that is his equal to fall out, one shall make his tooth fall out.

section 201. If he has made the tooth of a poor man to fall out, he shall pay one-third of a mina of silver.

section 202. If a man has struck the strength of a man who is great above him, he shall be struck in the assembly with sixty strokes of a cow- hide whip.

section 203. If a man of gentle birth has struck the strength of a man of gentle birth who is like himself, he shall pay one mina of silver.

section 204. If a poor man has struck the strength of a poor man, he shall pay ten shekels of silver.

section 205. If a gentleman's servant has struck the strength of a free- man, one shall cut off his ear.

section 206. If a man has struck a man in a quarrel, and has caused him a wound, that man shall swear 'I do not strike him knowing' and shall answer for the doctor.

section 207. If he has died of his blows, he shall swear, and if he be of gentle birth he shall pay half a mina of silver.

section 208. If he be the son of a poor man, he shall pay one-third of a mina of silver.

section 209. If a man has struck a gentleman's daughter and caused her to drop what is in her womb, he shall pay ten shekels of silver for what was in her womb.

section 210. If that woman has died, one shall put to death his daughter.

section 211. If the daughter of a poor man through his blows he has caused to drop that which is in her womb, he shall pay five shekels of silver.

section 212. If that woman has died, he shall pay half a mina of silver.

section 213. If he has struck a gentleman's maidservant and caused her to drop that which is in her womb, he shall pay two shekels of silver.

section 214. If that maidservant has died, he shall pay one-third of a mina of silver.

section 215. If a doctor has treated a gentleman for a severe wound with a bronze lancet and has cured the man, or has opened an abscess of the eye for a gentleman with the bronze lancet and has cured the eye of the gentleman, he shall take ten shekels of silver.

section 216. If he (the patient) be the son of a poor man, he shall take five shekels of silver.

section 217. If he be a gentleman's servant, the master of the servant shall give two shekels of silver to the doctor.

section 218. If the doctor has treated a gentleman for a severe wound with a lancet of bronze and has caused the gentleman to die, or has opened an abscess of the eye for a gentleman with the bronze lancet and has caused the loss of the gentleman's eye, one shall cut off his hands.

section 219. If a doctor has treated the severe wound of a slave of a poor man with a bronze lancet and has caused his death, he shall render slave for slave.

section 220. If he has opened his abscess with a bronze lancet and has made him lose his eye, he shall pay money, half his price.

section 221. If a doctor has cured the shattered limb of a gentleman, or has cured the diseased bowel, the patient shall give five shekels of silver to the doctor.

section 222. If it is the son of a poor man, he shall give three shekels of silver.

section 223. If a gentleman's servant, the master of the slave shall give two shekels of silver to the doctor.

section 224. If a cow doctor or a sheep doctor has treated a cow or a sheep for a severe wound and cured it, the owner of the cow or sheep shall give one-sixth of a shekel of silver to the doctor as his fee.

section 225. If he has treated a cow or a sheep for a severe wound and has caused it to die, he shall give a quarter of its price to the owner of the ox or sheep.

section 226. If a brander without consent of the owner of the slave has branded a slave with an indelible mark, one shall cut off the hands of that brander.

section 227. If a man has deceived the brander, and has caused him to brand an indelible mark on the slave, that man one shall kill him and bury him in his house, the brander shall swear, 'Not knowing I branded him,' and shall go free.

section 228. If a builder has built a house for a man and has completed it, he shall give him as his fee two shekels of silver _per SAR_ of house.

section 229. If a builder has built a house for a man and has not made strong his work, and the house he built has fallen, and he has caused the death of the owner of the house, that builder shall be put to death.

section 230. If he has caused the son of the owner of the house to die, one shall put to death the son of that builder.

section 231. If he has caused the slave of the owner of the house to die, he shall give slave for slave to the owner of the house.

section 232. If he has caused the loss of goods, he shall render back whatever he has caused the loss of, and because he did not make strong the house he built, and it fell, from his own goods he shall rebuild the house that fell.

section 233. If a builder has built a house for a man, and has not jointed his work, and the wall has fallen, that builder at his own cost shall make good that wall.

section 234. If a boatman has navigated a ship of sixty _GUR_ for a man, he shall give him two shekels of silver for his fee.

section 235. If a boatman has navigated a ship for a man and has not made his work trustworthy, and in that same year that he worked that ship it has suffered an injury, the boatman shall exchange that ship or shall make it strong at his own expense and shall give a strong ship to the owner of the ship.

section 236. If a man has given his ship to a boatman, on hire, and the boatman has been careless, has grounded the ship, or has caused it to be lost, the boatman shall render ship for ship to the owner.

section 237. If a man has hired a boatman and ship, and with corn, wool, oil, dates, or whatever it be as freight, has freighted her, that boatman has been careless and grounded the ship, or has caused what is in her to be lost, the boatman shall render back the ship which he has grounded and whatever in her he has caused to be lost.

section 238. If a boatman has grounded the ship of a man and has refloated her, he shall give money to half her price.

section 239. If a man has hired a boatman, he shall give him six _GUR_ of corn per year.

section 240. If a ship that is going forward has struck a ship at anchor and has sunk her, the owner of the ship that has been sunk whatever he has lost in his ship shall recount before God, and that of the ship going forward which sunk the ship at anchor shall render to him his ship and whatever of his was lost.

section 241. If a man has taken an ox on distraint, he shall pay one- third of a mina of silver.

section 242. If a man has hired a working ox for one year, he shall pay four _GUR_ of corn as its hire.

section 243. If a milch cow, he shall give three _GUR_ of corn to its owner.

section 244. If a man has hired an ox or sheep and a lion has killed it in the open field, that loss is for its owner forsooth.

section 245. If a man has hired an ox and through neglect or by blows has caused it to die, ox for ox to the owner of the ox he shall render.

section 246. If a man has hired an ox and has crushed its foot or has cut its nape, ox for ox to the owner of the ox he shall render.

section 247. If a man has hired an ox and has caused it to lose its eye, he shall pay half its price to the owner of the ox.

section 248. If a man has hired an ox, and has crushed its horn, cut off its tail, or pierced its nostrils, he shall pay a quarter of its price.

section 249. If a man has hired an ox, and God has struck it and it has died, the man who has hired the ox shall swear before God and shall go free.

section 250. If a wild bull in his charge has gored a man and caused him to die, that case has no remedy.

section 251. If the ox has pushed a man, by pushing has made known his vice, and he has not blunted his horn, has not shut up his ox, and that ox has gored a man of gentle birth and caused him to die, he shall pay half a mina of silver.

section 252. If a gentleman's servant, he shall pay one-third of a mina of silver.

section 253. If a man has hired a man to reside in his field and has furnished him seed, has entrusted him the oxen and harnessed them for cultivating the field--if that man has stolen the corn or plants, and they have been seized in his hands, one shall cut off his hands.

section 254. If he has taken the seed, worn out the oxen, from the seed which he has hoed he shall restore.

section 255. If he has hired out the oxen of the man or has stolen the corn and has not caused it to grow in the field, that man one shall put him to account and he shall measure out sixty _GUR_ of corn _per GAN_ of land.

section 256. If his compensation he is not able to pay, one shall remove the oxen from that field.

section 257. If a man has hired a harvester, he shall give him eight _GUR_ of corn per year.

section 258. If a man has hired an ox-driver, he shall give him six _GUR_ of corn per year.

section 259. If a man has stolen a watering machine from the meadow, he shall give five shekels of silver to the owner of the watering machine.

section 260. If he has stolen a watering bucket or a harrow, he shall pay three shekels of silver.

section 261. If a man has hired a herdsman for the cows or a shepherd for the sheep, he shall give him eight _GUR_ of corn _per annum_.

section 262. If a man, ox, or sheep to [this section is defaced].

section 263. If he has caused an ox or sheep which was given him to be lost, ox for ox, sheep for sheep, he shall render to their owner.

section 264. If a herdsman who has had cows or sheep given him to shepherd, has received his hire, whatever was agreed, and his heart was contented, has diminished the cows, diminished the sheep, lessened the offspring, he shall give offspring and produce according to the tenour of his bonds.

section 265. If a shepherd to whom cows and sheep have been given him to breed, has falsified and changed their price, or has sold them, one shall put him to account, and he shall render cows and sheep to their owner tenfold what he has stolen.

section 266. If in a sheepfold a stroke of God has taken place or a lion has killed, the shepherd shall purge himself before God, and the accident to the fold the owner of the fold shall face it.

section 267. If a shepherd has been careless and in a sheepfold caused a loss to take place, the shepherd shall make good the fault of the loss which he has caused to be in the fold and shall pay cows or sheep and shall give to their owner.

section 268. If a man has hired an ox, for threshing, twenty _KA_ of corn is its hire.

section 269. If he has hired an ass, for threshing, ten _KA_ of corn is its hire.

section 270. If he has hired a calf (goat?), for threshing, one _KA_ of corn is its hire.

section 271. If a man has hired oxen, a wagon, and its driver, he shall give one hundred and eighty _KA_ of corn _per diem_.

section 272. If a man has hired a wagon by itself, he shall give forty _KA_ of corn _per diem_.

section 273. If a man has hired a labourer, from the beginning of the year till the fifth month, he shall give six _SE_ of silver _per diem_; from the sixth month to the end of the year, he shall give five _SE_ of silver _per diem_.

section 274. If a man shall hire an artisan--

(_a_) the hire of a . . . five _SE_ of silver

(_b_) the hire of a brickmaker five _SE_ of silver

(_c_) the hire of a tailor . five _SE_ of silver

(_d_) the hire of a stone-cutter . _SE_ of silver

(_e_) the hire of a . . . _SE_ of silver

(_f_) the hire of a . . . _SE_ of silver

(_g_) the hire of a carpenter four _SE_ of silver

(_h_) the hire of a . . . four _SE_ of silver

(_i_) the hire of a . . . _SE_ of silver

(_j_) the hire of a builder. . . _SE_ of silver _per diem_ he shall give.

section 275. If a man has hired a (boat?) _per diem_, her hire is three _SE_ of silver.

section 276. If a man has hired a fast ship, he shall give two and a half _SE_ of silver _per diem_ as her hire.

section 277. If a man has hired a ship of sixty _GUR_, he shall give one- sixth of a shekel of silver _per diem_ as her hire.

section 278. If a man has bought a manservant or a maidservant, and he has not fulfilled his month and the _bennu_ sickness has fallen upon him, he shall return him to the seller, and the buyer shall take the money he paid.

section 279. If a man has bought a manservant or a maidservant and has a complaint, his seller shall answer the complaint.

section 280. If a man has bought in a foreign land the manservant or the maidservant of a man, when he has come into the land, and the owner of the manservant or the maidservant has recognised his manservant or his maidservant, if the manservant or maidservant are natives without price he shall grant them their freedom.

section 281. If they are natives of another land the buyer shall tell out before God the money he paid, and the owner of the manservant or the maidservant shall give to the merchant the money he paid, and shall recover his manservant or his maidservant.

section 282. If a slave has said to his master 'Thou art not my master,' as his slave one shall put him to account and his master shall cut off his ear.

* * * * *

The judgements of righteousness which Hammurabi the mighty king confirmed and caused the land to take a sure guidance and a gracious rule.

The following three sections, which are known to belong to the Code from copies made for an Assyrian king in the seventh century B.C., are given here for the sake of completeness. They obviously come within the space once occupied by the five erased columns.

section X. If a man has taken money from a merchant and has given a plantation of dates to the merchant, has said to him, 'The dates that are in my plantation take for thy money,' that merchant shall not agree, the dates that are in the plantation the owner of the plantation shall take, and he shall answer to the merchant for the money and its interests according to the tenour of his bond. The dates that are over, which are in the plantation, the owner of the plantation shall take forsooth.

section Y. . . . the man dwelling (in the house) has given to the owner (of the house) the money of its rent in full for the year, the owner of the house has ordered the dweller to go out when his days are not full, the owner of the house, because he has ordered the dweller to leave when his days are not full, (shall give) of the money which the dweller gave him. . . .

section Z. If a man has to pay, in money or corn, but has not money or corn to pay with, but has goods, whatever is in his hands, before witnesses, according to what he has brought, he shall give to his merchant. The merchant shall not object, he shall receive it.

INDEX

_The numbers refer to the sections of the Code_.

Abatement, of rent, for loss of crop, 45, 46. of interest, 48.

Accidental loss, by storm or deluge, falls on tenant, 45. shared by landlord, if before rent is paid, 46. by drought, storm, or deluge, postpones payment of debt, 48.

Adjournment, for production of witnesses, 13. not to exceed six months, 13.

Adoption, of natural son, 185. of child of living parents, 186. parents may object, 186. votary or palace official cannot object, 187. by artisan, 188. no one can reclaim child, if he has been taught handicraft, 188. otherwise can be reclaimed, 189. adopted son must be formally acknowledged, 190. if not, returns to real parents on death of adoptive father, 190. adopted son cannot be cut off without legal process, 191. has one-third child's share, 191. but no part of estate, 191. repudiation by adopted son severely punished, 192 ff.

Adultery, 129. penalty, drowning, 129.

Agent, relation to principal or merchant-- must keep accounts, 100. of money received, 100. of interest due, 100. if unsuccessful, repays capital only, 101. if a loser, repays capital in full, 102. if robbed, can be excused payment, 103. must keep account of goods, 104. stating money value, 104. take inventory, 104. give receipt, 104. pays threefold for his defaults, 106.

Allotment, to ganger, constable, or tributary, 30. _See_ Benefice.

Allowances, to divorced wife, 137. usufruct of field, garden, and goods.

Alteration of date for repayment, 48. called 'wetting tablet,' 48.

Approving lease, 44. _See_ Lease.

Assault, of gentleman by gentleman, 202, 203. in a quarrel, 206. of poor man by poor man, 204. of gentleman by slave, 205. of pregnant woman, causing miscarriage-- gentle woman, 209. poor woman, 211. slave, 213. causing her death-- gentle woman, 210. poor woman, 212. slave, 214. _See_ under Fines.

Assessment of damages-- by sheep to growing crops, 57. ,, to ripe crops, 58. for cutting down tree in orchard, 59. for not carrying out terms of lease, 42, 44. for assault. _See_ Fines. for carelessness. _See_ Neglect. for culpable lack of skill. _See_ Doctor.

Assignment for debt-- of bare field, 49. of corn field, 50. of date plantation, X. of crop, Y. of wife, child, or slave, to work off debt, 115.

Average yield, assessed damages, 42, 43, 44, 55, 62, 65.

Backbiting, 161.

Bailiff. _See_ Reeve, Ganger, Constable, Benefice.

Bailment, without witness or deed-- from domestic inferior=theft, 7.

Banishment. _See_ Exile.

Bearing sentence sought to be obtained. _See_ Retaliation.

Benefice, the land, house, garden, and stock-- assigned by king to ganger, constable, or tributary, 30. inalienable, 32, 36, 37. sale, or purchase, forbidden, 35. price paid forfeited, 35. not to be exchanged, 41. not to be devised to females, 38. may be deputed, 27. hereditary, 28. forfeited, by disuse, 30. may not be pledged, 38. saleable to other official (?), 40.

Betrothed, maiden lived in father's house, 130.

Bigamy, in ignorance, 135.

Blood money. _See_ Wit.

Boatmen, their duties and privileges, 234-241. same word denotes boat-builder (Winckler's tr.).

Boats, passenger, 276. freight boat, 277. building, 234. of 60 _GUR_, built, 234 (Winckler's tr.) collision of, 241. wreck of, 235, 236.

Bond, a written deed or contract-- needed for legal purchase, 7. for debt, 52. for storage, 122. for legal marriage, 128. shepherd's, 264.

Branding, brander, 226, 227. on forehead, for slander, 127. slave without consent of owner, 226, 227.

Brawling, in wine shop, 109.

Breach of contract-- by lessee, 42, 44, 256. _See_ Lease, Metayer, Neglect. of promise, 159.

Breasts, cut off, 194.

Bride-price, a present to prospective father-in-law-- usually returned with wife to bridegroom, 163. given back by husband to divorced wife, if not a mother, 138. returned to suitor, if not accepted, 160, 161. forfeited if suitor changes his mind, 159. if not given back to bridegroom with wife, deducted from marriage portion repaid to father-in-law, on death of wife, without children, 164. assessed at one mina of silver, for gentleman, 139. ,, one-third mina, for poor man, 139. to be set aside for unmarried son, by his brothers, on division of father's property, 166.

Brothel (?). _See_ Wine shop.

Builder's duties and privileges, 228. of boats, 234 (Winckler's tr.).

Burning, as penalty-- for votary, opening or entering wine shop, 110. man and mother in incest, 157. thief at fire, 25.

Business. _See_ Agent, Merchant, Office.

Buyer of benefice must discharge duties, 40.

Calling to account, 42, 108, 112, 113, 116, 124, 133, 141, 194, 255, 265.

Capital suit, 3.

Captives, 133, 280.

Carrier's privileges and responsibilities, 112.

Cattle, damage _feasant pauperies_, 57.

Changeling, foisted on parents, 194.

Charges, for warehousing, 121. one-sixtieth value, 121.