Offprint From:
Divination in
the Ancient Near East
A Workshop on Divination Conducted during the
54th Rencontre Assyriologique Internationale, Würzburg, 2008
Edited by
JEANETTE C. FINCKE
Winona Lake, Indiana
EISENBRAUNS
2014
Contents
Bibliographical Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
Vorwort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xii
Divination im Alten Orient: Ein Überblick . . . . . . . . . . . . . . .
JEANETTE C. FINCKE
Hethitische Orakelspezialisten als Ritualkundige . . . . . . . . . . .
DALIAH BAWANYPECK
Analyse hethitischer Vogellugorakel . . . . . . . . . . . . . . . . . .
YASUHIKO SAKUMA
The Babylonian ikribs . . . . . . . . . . . . . . . . . . . . . . . . . .
W. G. LAMBERT†
Zur altorientalischen Opferschaupraxis: Opferschaudurchführungen
über das Wohlbeinden und über das Nicht-Wohlbeinden . .
AN DE VOS
Die Beobachtung der Nieren in der altorientalischen Opferschau:
und die Stellung der Nieren-Omina innerhalb
der Opferschau-Serie bārûtu . . . . . . . . . . . . . . . . . .
NILS P. HEESSEL
New Readings in YOS 10 . . . . . . . . . . . . . . . . . . . . . . . . .
ILYA KHAIT
The Halo of the Moon . . . . . . . . . . . . . . . . . . . . . . . . . .
LORENZO VERDERAME
Laws and Omens: Obverse and Inverse . . . . . . . . . . . . . . . . .
ANN K. GUINAN
Indexes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Index . . . . . . . . . . . . . . . . . . . . . . . . .
Akkadian / Hittite / Sumerian / Logograms / Akkadograms
Texts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. Museum Numbers 125
B. Publication Numbers 125
C. CTH Numbers 127
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Offprint from:
Divination in the Ancient Near East: A Workshop on
Divination Conducted During the 54th Rencontre
Assyriologique Internationale, Würzburg, 2008
edited by Jeanette C. Fincke
© Copyright 2014 Eisenbrauns. All rights reserved.
Laws and Omens: Obverse and Inverse
Ann K. Guinan
PHILADELPHIA
The law collections and the omen treatises are both products of Mesopotamian
scholastic tradition and occupy a place of prominence in Mesopotamian intellectual
life. Many scholars have noted the similarities between the two disciplines and have
used the more accessible legal genre to understand the more alien one, divination.
Jeanette Fincke’s recent discussion of the correspondence between omens and laws
is the latest and most developed analysis of the way in which omen collections are
a corollary of law collections. 1
These two genres share the same casuistic structure that characterizes certain
other types of Mesopotamian systematic inquiry. This structure conveys information as a series of individual cases, presented as an itemized sequence. Each item is
framed as a conditional sentence: the irst clause, the protasis, records a hypothetical situation and the second, its stipulated result. Not only do divination and law
share the same casuistic form the sun-god Šamaš is patron of both. During the day
he enables justice to be transmitted to the king and through the king into the human arena. At night when he passes into the netherworld he presides over a divine
court that issues divinatory decisions. This cosmic geography of law and divination
has been described by Piotr Steinkeller. 2
Although the subject-matter of the two genres usually difers, three tablets (102
alt, 103, and 104) of the irst-millennium series šumma ālu, deal with marriage and
human sexual relationships and contain omens which treat the same or similar situations as those found in Mesopotamian family law. 3 While the subject-matter of the
Author’s note: I would like to thank Elizabeth Jewell and Joan Goodnick Westenholz (z″l) for their valuable insights and patient editing.
1. Jeanette C. Fincke, “Omina, die göttlichen “Gesetze” der Divination,” JEOL 40 (2006–7) 131–
47; Stefan M. Maul, Zukunftsbewältigung: Eine Untersuchung Altorientalischen Denkens Anhand der
Babylonisch-Assyrischen Löserituale (Namburbi) (Baghdader Forschungen 18; Mainz am Rhein: Philipp
von Zabern, 1994); Francesca Rochberg, The Heavenly Writing: Divination, Horoscopy, and Astronomy
in Mesopotamian Culture (Cambridge: Cambridge University Press, 2004). I am grateful to Francesca
Rochberg for sharing a draft of her paper “Before Nature: Legal Metaphors and Divine Cosmic Order”
before she presented at the University of Zürich symposium, “Laws of Heaven – Laws of Nature: The
Legal Interpretation of Cosmic Phenomena in the Ancient World” September 5–6, 2011. The publication
will be a signiicant contribution to the topic.
2. Piotr Steinkeller, “Of Stars and Men: The Conceptual and Mythological Setup of Babylonian
Extispicy” in Biblical and Oriental Essays in Memory of William L. Moran (edited by Agustinus Gianto;
Rome: Pontiicio Istituto biblico, 2005) 11–46.
3. In addition to tablet 104 discussed here, two other šumma ālu tablets contain omens whose
subject-matter relate to laws. Tablet 102 alt (K. 3677; CT 39 43) is a small fragment preserving four broken omens the subject of which is leverite marriage. Tablet 103 contains omens which deal with sexual
105
106
ANN K. GUINAN
omens corresponds to the laws, their meanings ofer a striking contrast and appear
to play of and to invert the more explicitly articulated legal norms. Omens that
reverse expectations, cultural norms and literary topoi are part of a more general
rhetorical pattern that occurs in šumma ālu and one of its most compelling features.
This pattern can be seen in the following omen from tablet 1:
If cities’ temples lift their head to the heavens, the foundation of the land will not
be secure, the throne will change, the land will be unhappy. 4
While the laws and the omens follow the trajectory of their separate disciplinary
concerns and deal with issues ignored by the other, their areas of overlap provide a
rich source of comparison. The similarities of subject-matter allow for a comparison
between omens and law based on content and not just external form and for a more
nuanced understanding of the relation between the two disciplines.
The tablets of šumma ālu are part of a corpus of omens derived from everyday
human behavior. Unlike more typical omens which are based on observations of
external phenomena, the human behavioral omens are drawn from the peculiarities
that man observes in himself. They are based on the assumption that there are
signs of a person’s future to be found in his daily actions. In addition to omens
which deal with sex and the family, there are others which treat sleep, speech, unconscious mannerisms, and careless accidents. 5 The connection made by the human
behavioral omens between a man’s present behavior and his future may not have
been understood in the same the way a modern reader would see it, but the connection, nevertheless, resonates and, as a result, it is often possible to surmise the link
between the ominous act in the protasis and its divinatory meaning in the apodosis.
The implications of the omens stretch in many directions and suggest provocative avenues of inquiry. This study, however, is preliminary. In it, I will concentrate
on the omens from šumma ālu tablet 104. These omens, which for the most part deal
with marriage, constitute the core of the material. First, I will deal with the omens
individually and demonstrate their connections to legal provisions, particularly
those of the Middle Assyrian Laws. Secondly, I will discuss the structural context of
the two types of texts, their broad similarities and their essential diferences.
Taken out of context, these omens are odd, but they share a logic and coherence
inherent to šumma ālu. The divinatory compendium šumma ālu contains what has
been designated as terrestrial omens. More speciically, the divinatory context of
šumma ālu is the built environment. Omens are observed wherever human habitation has modiied the natural world. The omens are either distinguishing features
of the built environment or they are natural phenomena observed against the background of the built environment. The sequence of tablets of šumma ālu is generated
by the outward expansion of human activity.
relations between a man and his female family members (K. 3134 lines 1′–8′; CT 39 43); VAT 13809
reverse 5–16′ (Nils P. Heeßel, Divinatorische Texte I. Terrestrische, teratologische, physiognomische und
oneiromantische Omina [Keilschrifttexte aus Assur literarischen Inhalts 1; Wiesbaden: Harrassowitz,
2007] 107–8, 183).
4. CT 38 1 line 18: šumma ālānu ēkurrātu rēssunu ana šamê ittanaššâ išid māti ul ikân kussû
išanni libbi māti ul iṭâb.
5. For a discussion of the human behavioral omens of šumma ālu, see Ann Guinan,“Human Behavioral Omens: On the Threshold of Psychological Inquiry,” Canadian Society for Mesopotamian Studies Bulletin 19 (1990) 9–14.
Laws and Omens: Obverse and Inverse
107
When the locales that surround the city have been exhausted and the text can
extend no farther, there is an abrupt change and text inverts to observe the observer. The tablets in the next sequence are roughly arranged to follow the course
of a day. Omens taken from the behavior of a person during sleep are followed by
observations made by a person upon awakening, directly upon leaving the house in
the morning, while walking along the street, to a variety of activities that marked
the passing of a day. The human behavioral omen tablets are interwoven throughout this last sequence.
Tablet 104 is the best preserved and longest of the human behavioral omens. 6
Resemblances to the laws come primarily from the omens in this tablet. A dividing
line separates the text into two sections. The irst 37 omens deal with a diverse array of sexual behavior. The subject of the second part concerns divorce and marital
abuse.
Marriage
Omens about adultery, divorce, and remarriage intersect with legally deined
transition points of a marriage. In the laws, these topics mark a woman’s entry into
marriage, the termination of her marriage, and the severing of all ties to her irst
husband and his family. The law collections focus on the wife and specify the parameters of behavior in terms of economic rights, obligations and constraints. Omens
take the husband’s perspective. Marriage in this context is an emotional and more
porous category.
Adultery
Being subject to the death penalty for adultery deines a woman’s status as a
wife. 7 Adultery is a crime against the husband. As such, the law collections concern
the remedy sought by the wronged husband. Juridically, the wronged husband can
decide how he wants to punish his wife, but the punishment meted out to the paramour may not exceed the one he imposes on his wife — both may put to death or
both may be pardoned. 8 The omen, however, takes the paramour’s point of view and
predicts that his personal god will act in his behalf against the interests of the community and the norms of the culture:
If a man has sex with a(nother) man’s wife—the god will make his adversary in
court sick (and) establish an accord for him. 9
Whereas the apodosis of the omen does not necessarily concern the adultery speciied in the protasis, a connection between the legal outcome and the act of adultery
underlies the meaning. Both the protasis and the apodosis of the omen specify an
adversarial relation between two men with the interests of one overwhelming the
interests of the other. The beneic meaning of the omen lies in the face of explicit
and well-documented legal and social norms, but it does not necessarily contradict
6. CT 39 44–46.
7. Barry Eichler, “Literary Structure in the Laws of Eshnunna,” in Language, Literature, and
History: Philological and Historical Studies Presented to Erica Reiner (edited by Francesca RochbergHalton; New Haven, CT: American Oriental Society, 1987) 73.
8. LH 129, MAL A 14–16.
9. CT 39 44 line 8: DIŠ NA ana DAM LÚ TE DINGIR EN DI.BI GIG ŠE.GA GAR-šú.
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ANN K. GUINAN
Mesopotamian legal principles which provide an avenue allowing the adulterer to
escape punishment. If the husband spares his wife, the man who cuckolded him
must also be spared and may remain in the community. The paramour, the subject
of the omen, has bested the other man by working around standard avenues of legal
redress (his god has made his opponent in court sick).
Divorce
The omens that deal with divorce also invite a reading against the laws about
divorce. The following omens are the initial omens of part two of tablet 104.
39. If a man divorces his irst-ranking wife—unhappiness until the end of days, quarrelling will be constant for him, his days will be short.
40. If a man divorces his irst-ranking wife, but then gives her a food allowance—his
prayer will ind favor.
41. If a man divorces his irst-ranking wife, but then she lives in his house—constriction; he will have a burden.
42. If a man divorces his irst-ranking wife, but then returns to her—he will die in
one year.
43. If a man divorces his irst-ranking wife, but then continues to search after her—
prickly lesh-disease will be inlicted on him.
44. If a man divorces his irst-ranking wife, and then another (man) marries her—he
will bear the god’s punishment.
45. If a man divorces his irst-ranking wife and then strangles her—he will be
burned. 10
These six omens need to be discussed individually and as a series. According to the
irst omen in this sequence, the dissolution of a primary marriage has emotional
consequences. The strongly worded apodosis of the initial omen predicts a bleak
future for a man who divorces his primary wife. This omen provides a thematic
grounding for this sequence and for all the omens that follow. The second omen
(no. 40) is the only beneic omen in part 2 of tablet 104. When read against omen
39 it suggests that providing for a divorced wife is the only way around the severity
of the initial omen’s prediction. The nature of prayer referred to in the apodosis of
omen 40 is unspeciied, but it could be read as a plea speciically addressed to the
consequences of omen 39.
The law collections are concerned only with the assets that the divorced wife
is allowed or disallowed. The dowry, which the bride brings from her parents’ family to the husband’s household at the time of the marriage, remains vested in her
throughout the marriage and, should the marriage end, it comes back into her possession. In addition, the legal standard in Mesopotamia provides for a woman divorced without grounds to receive a divorce settlement in addition to the return of
her dowry although the amount and the way it is determined vary. 11 However, MAL
10. CT 39 45–46 lines 39–45: DIŠ NA NITLAM-šú i-zi-ib TIL u4-me ŠÀ-bi NU DÙG.GA DU14 sadrat-su UD.MEŠ-šú GUD8.DA.MEŠ (40:) DIŠ II II-ma ŠUK id-din-ši qí-bit-su ŠE.GA (41:) DIŠ II II-ma
ina É-šú aš-bat ki-ṣir-ti GUN TUK-ši (42:) DIŠ II II-ma i-tu-ur-ši ana MU.I.KAM ÚŠ (43:) DIŠ II II-ma
ar-ka-ti-šá iš-te-ne-ʾ-i si-ḫi-il UZU GAR-šú (44:) DIŠ II II-ma šá-nu-um-ma TUK-si šer-ti DINGIR ÍL (45:)
DIŠ II II-ma iḫ-nu-uq-ši iq-qal-li.
11. Raymond Westbrook, “Introduction: The Character of Ancient Near Eastern Law,” in A History
of Ancient Near Eastern Law, vol. 1 (edited by Raymond Westbrook; Handbuch der Orientalistik, Section
1 Vol. 72; Leiden: Brill, 2003) 48–9.
Laws and Omens: Obverse and Inverse
109
A 37 speciies that the payment of a divorce settlement is made at the husband’s
discretion and, thereby, takes a contrary position to the more common legal norm:
If a man intends to divorce his wife, if it is his wish he shall give her something; if that is not his wish, he shall not give her anything and she shall leave
empty-handed. 12
Two Old Babylonian court cases deal with litigation involving an allowance
made to a divorced wife. In these instances the regular payments are made in lieu
of returning the dowry in one lump-sum. 13 The return of the dowry is not discretionary and, therefore, the food allowance referred to in omen 40 must correspond to a
divorce settlement. If the omen, as I contend, is a reference to law, it is most likely
a reference to MAL A 37, the only Mesopotamian law which speciically says a man
can choose whether or not to provide a settlement for a wife who is divorced without
grounds.
Omen 41 concerns a divorced woman who continues to live in her ex-husband’s
house, but it is the husband who is aflicted. 14 Two laws, LH 148 and LL 28 deal with
an ailing wife who continues to reside in her husband’s house after his remarriage:
If a man marries a woman and later laʾbum disease seizes her and he decides to
marry another woman, he shall not divorce the wife whom laʾbum disease seized;
she shall reside in the quarters he constructs and he shall continue to support her
as long as she lives. 15
If a man’s irst-ranking wife loses her attractiveness and becomes paralytic, she
shall not be evicted from the house; however, her husband may marry a healthy(?)
wife and the second wife shall support the irst-ranking wife. 16
Omen 44, the last omen in this sequence, underscores the alternate perspectives
of the omens and laws. Shalom Holtz traces the usage of the phrase “the husband
of her choice may marry her” and as well as similarly worded, equivalent phrases
which occur in other legal contexts and demonstrates that these formulations function as a legal release clause specifying that all ties to the marriage and all remaining obligations to previous family have been legally severed. 17 What is interesting
for our discussion, is Holtz’s observation that, unlike other attestations, the use of
a release clause is notably missing from the MAL divorce provisions, but is found in
cases where a husband is absent (MAL A 36 and 45) or dead (MAL A 33). Both MAL
A 36 and 45 deal with a husband’s prolonged absence and his failure to provide his
12. MAL A 37: šumma aʾīlu aššassu ezzib libbušuma mimma iddanašše la libbušuma mimma
iddanašše rāqūteša tuṣṣa (M. Roth, Law Collections, 166–67).
13. Raymond Westbrook, Old Babylonian Marriage Law (AfO Beiheft 23; Horn, Austria: Berger &
Söhne, 1988) 79.
14. For a discussion of the laws see R. Westbrook, Old Babylonian Marriage Law, 77–8.
15. LH 148: šumma awīlum aššatam īhuzma laʾbum iṣṣabassi ana šanītim aḫāzim panīšu ištakkan
iḫḫaz aššassu ša laʾbum iṣbatu ul izzibši ina bīt īpušu uššamma adi balṭat ittanaššīši (M. Roth, Law
Collections, 109). For laʾbu-disease see most recently Marten Stol, “Fever in Babylonia,” in Disease in
Babylonia (edited by Irving L. Finkel and Markham J. Geller; Cuneiform Monographs 36; Leiden: Brill,
2007) 11–15.
16. LI 28: tukum-bi lú-ù dam-nita dam-a-ni igi-ni ba-ab-gi4 ù šu ba-an-lá-lá é-ta nu-ubta-è dam-a-ni dam galam-na ba-an-du12-du12 dam-egir-ra dam-nitadam in-íl-íl (M. Roth, Law
Collections, 31–32).
17. Shalom E. Holtz, “”To Go and Marry any Man that You Please”: A Study of the Formulaic Antecedents of the Rabbinic Writ of Divorce,” JNES 60 (2001) 241–58.
110
ANN K. GUINAN
wife with sustenance. Both laws specify the number of years a wife must wait before
she is released and may “live with the husband of her choice.” MAL A 33 presents a
diferent situation. The woman is living in her father’s house. Her husband is dead
and she has no sons. Her father cannot send her to the house of her father-in-law because he is also dead. The legal formula that speciies her release makes no mention
of remarriage: she is simply free to “go where she pleases” (ašar ḫadiutuni tallak). 18
The MAL release clauses do not appear to address the ties between husband and
wife, but rather appear to be the inal severing of ties to those who were providing
her support when her husband was not in the picture. For whatever legal reason,
the release clause is omitted from the MAL A divorce provisions. The release clause
deines the legal boundary that ends a previous marriage and permits entry into the
next.
The omens present a diferent perspective on the dissolution of a marriage and
the line between one marriage and the next. Remarriage after a divorce does not
sever all ties. From her ex-husband’s perspective a wife brings to her new marriage
intimate knowledge of her previous one. As stated in omen 44:
If a man divorces his irst-ranking wife, and then another (man) marries her—he
(the husband) will bear the god’s penalty. 19
The perspective of the omens is quite diferent from the laws. According to the
omens, marriages continue to resonate. There are ties that survive the legal termination of a marriage and the disposition of marital assets.
Blasphemy
If the divorce omens suggest a tie to the Middle Assyrian Laws, an omen that
deals with blasphemy can be read against the Middle Assyrian Law A 2. This omen
presents a much stronger connection:
If a man’s irst-ranking wife curses his god—he bears the punishment of the god.
[If the man] bears the [punish]ment—discord will be imposed on his family. 20
According to the omen text, retribution for a wife’s blasphemy is borne by her husband. Although the beginning of the following line is broken, it appears to be a continuation of the omen. If this restoration given above is correct, then the apodosis of
the omen text ofers a striking parallel to the Middle Assyrian Law A 2:
If a woman, either a man’s wife or a man’s daughter, should speak something disgraceful or utters a blasphemy, that woman alone bears the responsibility for her
ofence; they will have no claim against her husband, her sons, or her daughter. 21
18. S. E. Holtz, JNES 60 (2004) 245.
19. CT 39 46 lines 44: DIŠ II II-ma šá-nu-um-ma TUK-si šer-ti DINGIR ÍL.
20. CT 39 46 lines 64–65: [DIŠ NA] ḫir -ta-šú DINGIR-šú iz-zu-ur NAM.TAG.GA DINGIR-šú na-ši
(65) [DIŠ NA ar]-na iš-ši É.BI NU ŠE.GA GAR-šú.
21. MAL A 2: šumma sinniltu lu aššat aʾīle u lu mārat aʾīle šillata taqṭibi lu miqit pê tartiši sinniltu šīt aranša tanašši ana mutiša mārēša mārāteša la iqarribu (M. Roth, Law Collections, 155). For a
discussion of the law and the language of blasphemy, see Sophie Lafont, Femmes: Droit et Justice dans
l’Antiquité Orientale: Contribution à l’Étude du Droit penal au Proche-Orient Ancien (Orbis Biblicus et
Orientalis 165; Fribourg, Switzerland: Editions Universitaires; Göttingen: Vandenhoeck & Ruprecht,
1999) 445–50.
Laws and Omens: Obverse and Inverse
111
Blasphemy occurs elsewhere in Middle Assyrian legal corpora, but it is not attested
in other law collections. The law does not specify a legal remedy, nor does the omen
predict a future result. The apodosis of the law and the apodosis of the omen are
obverse statements of responsibility. Both irst consider the woman and then what
happens to her family. The law addresses the possibility that either a woman’s husband or one of her children could be held accountable for her blasphemy, but states
that she alone bears the responsibility. The community cannot seek legal redress
from a family member. In the divine realm, however, the blasphemed god applies
another standard. The omen takes blasphemy in the context of marriage and the
husband bears the consequences. The line of responsibility for the ofense devolves
through the husband to his household.
Sex between Male Equals
The omen that deals with sex between equal status males ofers another clear
connection to the Middle Assyrian Laws and is a topic which like blasphemy is speciic to this law collection. 22 Two provisions of this corpus deal with sexual relations
between two men. The irst law, MAL A 19, deals with slander: a man says of his
tappû (comrade), either by spreading a rumor furtively or in a quarrel in front of
other men, “everyone always penetrates you” but is unable to prove it. 23 The second
law, MAL A 20, concerns the act: a man penetrates his comrade. The penalty is
signiicant. If the charges are proved and he is found guilty, he is gang raped by the
community and they turn him into a eunuch. 24 Both the placement of these laws in
the context of adultery laws and the punishment of MAL A 20 indicate the gendered
nature of the ofenses. Relecting a general principle of Mesopotamian legal composition discussed below, the two laws represent polar cases which are juxtaposed to
form a legal statement and maximally varied in order to deine the outer boundaries
of a legal situation. The meaning encompassed by the juxtaposition is open for legal
discussion. In the irst case, the victim has been publicly deined as someone known
to be the receptive partner and in the polar case, he has been placed in the same
position through active violation. The juxtaposition of two laws seems to leave open
22. For discussions, see Thorkild Jacobsen, “How Did Gilgamesh Oppress Uruk?” ActOr 8 (1930)
74; Jean Bottéro and Herbert Petschow, “Homosexualität,” in Reallexikon der Assyriologie und Vorderasiatischen Archöologie Vol. 4 (edited by Dietz O. Edzard; Berlin: de Gruyter, 1972–75) 462; Ann Guinan,
“Auguries of Hegemony: The Sex Omens of Mesopotamia,” in Gender and the Body in the Ancient Mediterranean (edited by Maria Wyke; Oxford: Blackwells, 1998) 45–47, 50, 55 and “Ominous Masculinity
of The Paper Title That Dare Not Speak Its Name” (paper presented at Masculinities in the Ancient
Near East, Philadelphia, March 24–26, 2011; “Querying the Sounds of Silence: Mesopotamian Texts and
Queer Theory” (paper presented at the Gender, Methodology, and Assyriology Workshop, RAI 59 (Ghent,
2013); Jerrold Cooper, “Buddies in Babylonia,” in Riches Hidden in Secret Places: Ancient Near Eastern
Studies in Memory of Thorkild Jacobsen (edited by Tzvi Abusch; Winona Lake, IN: Eisenbrauns, 2005)
83–85; Martii Nissinen, Homoeroticism in the Biblical World: A Historical Perspective (Minneapolis, MN:
Fortress Press, 1998) 27–28; and “Are There Homosexuals in Mesopotamian Literature?” JAOS 130
(2010) 76–77.
23. MAL A 19: šumma aʾīlu ina puzre ina muḫḫi tappāʾišu abata iškun mā ittinikkuš lu inā ṣalte
ana pani ṣābē iqbiaššu mā ittininikkuka mā ubārka baʾura la ila ʾe la ubaʾer aʾīla šuātu 50 ina ḫaṭṭāte
imaḫḫuṣuš iltēn uraḫ ūmāte šipar šarre eppaš igaddimuš u 1 bilat annaka iddan (M. Roth, Law Collections, 159).
24. MAL A 20: šumma aʾīlu tappāšu inīk ubtaʾeruš uktaʾinuš inikkuš ana ša rēšēn utarruš (M.
Roth, Law Collections, 160).
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ANN K. GUINAN
the question of consensual sex between male equals. There is no perpetrator or victim and therefore, it is not a matter of legal consideration. It is, however, a subject
of divinatory interest and the subject of an omen from tablet 104:
If a man has anal sex with his social peer—that man will go foremost among his
brothers and colleagues. 25
The paronomastic relationship between the words qinnatu (anus) and kinātu (colleagues) underscores the possibility that collegiate relations could also be sexual.
Just as every man can penetrate, he can also be penetrated. This somatic reality threatens the gender-based assertion that hierarchy requires vigilance over the
body. If the protasis opens the possibility of non-hierarchical, mutual sexual relations and the symmetrical deployment of the body, the apodosis forecloses it. The
apodosis revolves around the switch from “behind” to “going foremost’’ and, thereby,
reasserts the imbrication of sexual domination and social supremacy. The penetrating male gains position and agency over the receptive male. Sexual hierarchy is
fundamental—it exists even where there is parity of status.
Other omens from tablet 104 have connections to the Middle Assyrian Laws
which are not immediately obvious but, when seen in the context of more secure
connections, it is apparent that they are part of the same subject constellation. 26
Sex in a Public Street
The Middle Assyrian Laws cite cases where location is a factor in determining
whether the wife of a man or the man who has had sex with her can be punished
for adultery. 27 In the case of consensual sex, punishment for a man depends on his
knowledge of the woman’s marital status. If he has sex with her knowing she is a
wife of another man they are both guilty of adultery. His punishment is tied to the
punishment the husband metes out to his wife. If he does not know she is the wife of
another man he is clear. A wife who is raped on a public thoroughfare and defended
herself is not punished but the rapist is put to death. If the rape of a man’s wife on
a public street is a crime, what can be inferred about the rape of a woman who is not
a wife? The subject is not within the scope of legal inquiry, but again it is addressed
by an omen. The omen is part of a set of three inauspicious omens that deal with
sex on a public street. The irst two omens contrast opposing types of sexual behavior: rape and having sex with a prostitute. The liminality of the locale, a crossroad
cannot be taken as the reason the two behaviors are inauspicious: the locale of the
third omen is a blind-alley. The three omens together make a divinatory statement.
The inauspicious meanings of the omens cannot be attributed to the speciic type of
behavior or the liminality of the location, but rather to having sex outside the house
on a public street.
If a man seizes a woman at a crossroad and has sex with her—that man will not
prosper.
25. CT 39 44 line 13: DIŠ NA ana GU.DU (qinnati) me-eḫ-ri-šú TE NA.BI ina ŠEŠ.MEŠ-šú ù ki-nati-šú a-šá-re-du-tam DU-ak.
26. Omens 46–50 deal, respectively, with practicing black magic, exposing a divorced wife in the
assembly, divorce and remarriage to a wife of a living man or to a widow and a philandering husband,
while not exact parallels, do echo the laws.
27. MAL A 12–14.
Laws and Omens: Obverse and Inverse
113
If a man frequents a prostitute at a crossroads—either the hand of the god or the
hand of the king will catch him.
If a man has sex in a blind-alley—losses will beset him. 28
Textual Structure and Logic
Law collections and omen texts derived from the same scholastic tradition and
were produced within the intellectual paradigm in which knowledge is systematically organized and presented in lists. Legal scholarship has its roots in third-millennium textual history. In spite of the variations exhibited by the evidence from
diferent temporal periods and geographical areas, the canon of legal problems remained relatively limited and the corpus of texts produced within the legal scholastic tradition rather small. In contrast, divinatory scholarship, exempliied by the
systematic recording of omens, was a later scholastic development but produced a
larger corpus of texts.
The single conditional sentence is the basic unit of both omens and laws; however, each sentence is not formulated in isolation but related in a series of variations. Mesopotamian law is casuistic—the protases present a series of hypothetical
cases and the apodoses specify their legal remedies. Although the link between the
sign in the protasis and predicted event in the apodosis of an omen can sometimes
be determined, there is no intrinsic connection and much of the semantic basis of
divination is beyond our reach. Nevertheless, through a comparison with the legal
formulations, the logic underlying the formulation of an omen can be inferred. As
Rochberg posits:
The relation between protasis and apodosis, or antecedent and consequent, is the
working dynamic of Mesopotamian divination, and although to us that connection, at least semantically, is not readily understood, it is subject to certain relational (propositional logical) rules in the same way as are the casuistic statements
of the cuneiform laws. The logical relation I refer to here is that of conditional
logic and it applies independently of any semantic, causal, or empirical connection there may be (or not be) between the statements P and Q so related. 29
The similarities between the two genres are more than formal and external. The
formulators of the omen texts use language that make the connection between the
two disciplines explicit.
The irst scholars to study the law collections noted the topical arrangement of
legal cases and began to explore the logic of their ordering. It was noted that the cases presented often represented the extremes of a legal situation. 30 Barry Eichler’s
analysis of the literary structure of the LE demonstrates the legal reasoning that
governed compositional structures. He summarized the compositional principles inherent in the drafting of the LE:
28. CT 39 45 lines 29–31: DIŠ NA ina SILA.LÍMMU MUNUS DIB-ma TE NA.BI NU SI.SÁ (30:) DIŠ
NA ina SILA.LÍMMU MUNUS.KAR.KID sa-dir šum4-ma ŠU DINGIR šum4-ma ŠU LUGAL KUR-su
(31:) DIŠ NA ina SILA.SAG.GI4 TE im-ṭú-ú GAR.MEŠ-šú.
29. Francesca Rochberg, “Inference, Conditionals, and Possibility in Ancient Mesopotamian Science,” Science in Context 22 (2009) 9–10.
30. W. W. Hallo, “The Slandered Bride,” in Studies Presented to A. Leo Oppenheim (edited by
R. Biggs and J. Brinkman; Chicago, 1964) 99 n. 35.
114
ANN K. GUINAN
an associative and ideational ordering of legal cases which are grouped together
in topical sections; (b) the formulation of certain legal cases in a particular way
in order to allow them to function as “bridges” between two unrelated topical
sections; (c) the setting forth, within a single topical section, of a pair of polar
cases with maximal variation that leaves a large discretionary middle that is not
addressed; and (d) the juxtaposing of individual cases with one another in order
to create a legal statement through the vertical reading of legal cases. 31
Legal reasoning is never stated—it can only be surmised through the way individual examples are related to one another. Polar cases deine the outer boundaries
of a legal situation. What the formulators meant by the area enclosed is left to later
interpreters (both ancient and modern) to infer. Westbrook believed that modern
inferences of the type stipulated by Eichler’s analysis runs the risk of cultural bias. 32 He misleadingly characterizes Eichler’s methodology as a “way of stating legal
principles by inference”—a description that runs roughshod over Eichler’s carefully
phrased argument that the juxtaposition of polar cases creates, not a “legal principle,” but a “legal statement.” According to Westbrook, the cases which feature
“extreme polarity” are rhetorical markers meant to suggest that the text embraces
all possible cases. Of course, any attempt to abstract categories and interpret a text
that only expresses itself through examples will require inference.
Eichler’s methodology is carefully deined and argued within narrow parameters. Furthermore, his later study, “Examples of Restatement in the Laws of Hammurabi” adds weight to his argument. He demonstrates that the drafters of LH
addressed speciic “discretionary” areas and added cases where LE was perceived to
be incomplete or was in need further reinement. 33
The ordering of cases in topical sequences, which is the structural basis of the
legal compilations, also characterizes the omen compendia. The duplication of topical sequences contributes to the formulation of new omens and to the ordering of
tablets within a series. In its basic form the protasis of an omen records both the
ominous sign and the context or ield of observation. The context may be very general. For example, a sign may be seen in a speciic area or during a speciic activity. Signs were also systematically located on formally deined divinatory arenas
segmented into observational zones (a part of the exta, an area of the sky, a part of
the body, a month of the year). The meaning recorded in the apodosis of an omen is
the combined product of both the sign and context. When it is possible to interpret
the meaning that lies behind a sequence of omens it becomes clear that the variation of omens within a sequence are a function of divinatory reasoning in the same
way that variations of law cases are expressions of the legal logic. The three omens
discussed above (p. 112) which deal with sex on a public street are an example. It is
also possible to compare topical sequences and extract larger patterns of meaning.
31. Barry Eichler, “Examples of Restatement in the Laws of Hammurabi,” in Mishneh Todah: Studies in Deuteronomy and its Cultural Environment in Honor of Jefrey H. Tigay (edited by Nili Sacher Fox,
David A. Glatt-Gilad, and Michael J. Williams; Winona Lake, IN: Eisenbrauns, 2009) 369–70.
32. Raymond Westbrook, “Hammurabi and the Ends of the Earth,” in Landscapes: Territories,
Frontiers and Horizons in the Ancient Near East. Papers read at the XLIV Rencontre assyriologique international, Venezia 7–11 July 1997. Part III: Landscapes in Ideology, Religion, Literature and Art (edited
by L. Milano, S. de Martino, F. M. Fales, G. B Lanfranchi. History of the Ancient Near East/ Monographs
3/3; Padova: Sargon, 2000) 103.
33. B. Eichler, “Literary Structure in the Laws of Eshnunna,” 72.
Laws and Omens: Obverse and Inverse
115
Serial Logic
Instead of “variation,” “serial variation” or “seriation” are better terms to describe this tool of logic thinking. The compositional principles of juxtaposition of
two cases and polar cases with maximal variation presented by Eichler are also the
features of a serially order set as deined by John Lyons: “In a serially ordered set
there are two outermost members (if the set is determinate), and all other lexemes
in a set are ordered between two others. . .” 34 Both omens and laws use similar tools
of serial logic. Each item derives from the proceeding one by the addition of an element which adds to the precision of what went before and extends the conceptual
range. A single item in a text is related both to the one it follows and then to the
next in line. At some point a sequence reaches its outer limit. This is only known
when the next item in line crosses a boundary provoking, in the process, a new topic
of inquiry. In this way of thinking, meaning occurs at the border by deining the
extremes. This line of thought never leaps from the concrete examples to deine an
abstract principle. Meaning deined by the addition of further examples can never
be complete.
Serial Logic in Divorce Omens of
Šumma Alu Tablet 104 (CT 39 45 lines 39– 45)
The six divorce omens 39–45, discussed above, reveal a pattern of serial logic.
A single omen when read backwards falls into one category and when forward falls
into another. According to omen 40, if man gives his divorced wife a food allowance, his prayer will ind favor. When the next omen (41), a negative omen, is read
against omen 40 which is positive, the topic becomes maintenance. The addition of
omen 42 switches the terms from “she lives in his house” to “he returns to her” and
in the process extracts another issue: incomplete severing of the marriage. Taken
together, omens 42 and 43 concern a husband who wishes to have his wife back. In
omen 42 he returns to her, but in omen 43 he does not. When omen 43 is read with
omen 44 his ex-wife is beyond his reach. In omen 43 he cannot ind her and in omen
44 she has married another man. The apodosis states that he will bear the god’s
punishment and it, thus, represents the polar extreme of omen 40, as deined the
apodosis: “his prayer will ind favor.” In omen 44, a divorced wife’s remarriage ends
the line of thought that deals with the incomplete severing of the marital relationship, but the ultimate termination of the marriage is represented by the next omen,
omen 45—he strangles her 35 The next sequence of omens deal with crimes a man
commits against his divorced wife and, therefore omen 45 functions as a “bridge”
between two topical sequences.
Serial Logic in the Laws of Eshnunna 25–31
In legal inquiry serial sets deined by polar aspects of maximally varied situations establish the outer boundaries that encompass a legal problem. 36 The same
34. John Lyons, Semantics (Cambridge, UK; New York: Cambridge University Press, 1977) 289.
35. CT 39 46 line 45: DIŠ II II-ma (NITLAM-šú i-zi-ib) iḫ-nu-uq-ši iq-qal-li.
36. B. Eichler, “Literary Structure in the Laws of Eshnunna,” 81.
116
ANN K. GUINAN
sequence of cases from LE analyzed by Eichler can be further understood as evolving from a process of serial reasoning:
25. If a man comes to claim (his bride) at the house of his father-in-law but his fatherin-law wrongs(?) him and then gives his daughter to [another], the father of the
daughter shall return two-fold the bride money he received.
26. If a man brings the bridewealth for the daughter of a man, but another, without
the consent of her father or mother, abducts her and then delowers her, it is indeed a capital ofense — he shall die.
27. If a man marries the daughter of another man without the consent of her father
and mother, and moreover does not conclude the nuptial feast and the contract
for(?) her father and mother, should she reside in his house for even one full year,
she is not a wife.
28. If he concludes the contract and the nuptial feast for(?) her father and mother and
he marries her, she is indeed a wife; the day she is seized in the lap of another
man, she shall die, she will not live.
29. If a man should be captured or abducted during a raiding expedition or while on
patrol(?), even should he reside in a foreign land for a long time, should someone
else marry his wife and even should she bear him a child, whenever he returns he
shall take back his wife.
30. If a man repudiates his city and his master and then lees, and someone else then
marries his wife, whenever he returns, he will have no claim to his wife.
31. If a man should delower the slave woman of another man, he shall weigh and
deliver 20 shekels of silver, but the slave woman remains the property of her
master. 37
LE 26–27 deal with violations of the parents’ legal right of control over their betrothed daughter. In LE 26 the parental rights of control over the virginity of their
daughter is violated by her abduction and rape. In the contrasting case, the groom
assumes spousal control without the consent of the parents and without the fulillment his contractual obligations. LE 26 also stipulates that the rapist is to be put
to death. A man’s right to sexual exclusivity of a woman and the death sentence
for its violation is a condition of marriage. As far as others are concerned, the contract between the parents and the groom establishes the groom’s right to sexual
exclusivity. The woman herself is only subject to execution for adultery after the
parents have transferred control to the husband and she has become a legal wife.
LE 29 presents an exception to this principle. The woman is not subject to a charge
of adultery and her husband is able to reclaim her from another man’s household.
LE 30 is constructed in opposition to LE 29, but it is also the end point of a series of
37. LE 25–31: šumma awīlum ana bīt emi issīma emušu ikšīšuma mārassu ana [šanîm it]tadin abi
mārtim terḫat imḫuru tašna utâr (26:) šumma awīlum ana mārat awīlim terḫatam ubilma šanû balum
šâl abiša u ummiša imšuʾšima ittaqabši dīn napištimma imât (27:) šumma awīlum ana mārat awīlim
balum šâl abiša u ummiša īḫussima u kirram u rik�sā�tim ana abiša u ummiša la i[škun] ūmī šattim
ištiat ina bītišu līšimma ul aššat (note B. Eichler, “Examples of Restatement in the Laws of Hammurabi,”
368 translates kirram “nuptial drink”; see Reuven Yaron, The Laws of Eshnunna (2nd rev. edition [Jerusalem: Magnes Press, The Hebrew University, 1988] 201) (28:) šumma �. . .� riksātim u kirram ana abiša
u ummiša iškunma īḫussi aššat ūm ina sūn awīlim iṣṣabbatu imât ul iballuṭ (29:) šumma awīlum ina
ḫarrān šeḫṭim u sakpim it[tašlal] ulu naḫbutum ittaḫbat ūmī [arkūtim] ina mātim šanītimma itta[šab]
aššassu šanûmma ītaḫaz u māram ittalad inūma ittūram aššassu ita[bbal] (30:) šumma awīlum ālšu
u bēlšu izērma ittaḫbit aššassu šanūmma ītaḫaz inūma ittūram ana aššatišu ul iraggam (31:) šumma
awīlum amat awīlim ittaqab 1/3 mana kaspam išaqqal u amtum ša bēlišama (M. Roth, Law Collections,
62–64).
Laws and Omens: Obverse and Inverse
117
SERIAL VARIATION IN DIVORCE OMENS
39. If a man divorces his irst-ranking wife – unhappiness until the end of days, quarrelling will be
constant for him, his days will be short.
40. If a man divorces his irst-ranking wife, but then gives her a food allowance – his prayer will ind
favor.
MAINTENANCE
40. If a man divorces his irst-ranking wife, but then gives her a food allowance – his prayer will ind
favor.
41. If a man divorces his irst-ranking wife, but then she lives in his house – constriction; he will have
a burden.
INCOMPLETE SEVERING
41. If a man divorces his irst-ranking wife, but then she lives in his house – constriction; he will have
a burden.
42. If a man divorces his irst-ranking wife, but then returns to her – he will die in one year.
DESIRE TO RETURN TO HER
42. If a man divorces his irst-ranking wife, but then returns to her – he will die in one year.
43. If a man divorces his irst-ranking wife, but then continues to search after her – prickly lesh
disease will be inlicted on him.
BEYOND HIS REACH
43. If a man divorces his irst-ranking wife, but then continues to search after her – prickly lesh
disease will be inlicted on him.
44. If a man divorces his irst-ranking wife, and then another (man) marries her – he will bear the
god’s penalty.
SERIAL VARIATION IN LAWS OF ESHNUNNA 25-30
PARENTAL RESPONSIBILITY TO THE GROOM
25. If a man comes to claim (his bride) at the house of his father-in-law but his father-in-law wrongs(?)
him and then gives his daughter to [another], the father of the daughter shall return two-fold the
bride money he received.
26. If a man brings the bridewealth for the daughter of a man, but another, without the consent of her
father or mother, abducts her and then delowers her, it is indeed a capital ofense — he shall die.
PARENTAL RIGHT TO CONTROL THE SEXUAL EXCLUSIVITY OF A BETROTHED DAUGHTER
26. If a man brings the bridewealth for the daughter of a man, but another, without the consent of her
father or mother, abducts her and then delowers her, it is indeed a capital ofense — he shall die.
27. If a man marries the daughter of another man without the consent of her father and mother, and
moreover does not conclude the nuptial feast and the contract for(?) her father and mother, should
she reside in his house for even one full year, she is not a wife.
TRANSFER OF CONTROL FROM PARENTS TO HUSBAND: ASSUMING THE STATUS AS WIFE
27. If a man marries the daughter of another man without the consent of her father and mother, and
moreover does not conclude the nuptial feast and the contract for(?) her father and mother, should
she reside in his house for even one full year, she is not a wife.
28. If he concludes the contract and the nuptial feast for(?) her father and mother and he marries her,
28.
29.
29.
30.
she is indeed a wife; the day she is seized in the lap of another man, she shall die, she will not live.
THE ADULTERY PROVISION
If he concludes the contract and the nuptial feast for(?) her father and mother and he marries her,
she is indeed a wife; the day she is seized in the lap of another man, she shall die, she will not live.
If a man should be captured or abducted during a raiding expedition or while on patrol(?), even
should he reside in a foreign land for a long time, should someone else marry his wife and even
should she bear him a child, whenever he returns he shall take back his wife.
AN ABSENT HUSBAND’S RIGHT TO RECLAIM HIS WIFE
If a man should be captured or abducted during a raiding expedition or while on patrol(?), even
should he reside in a foreign land for a long time, should someone else marry his wife and even
should she bear him a child, whenever he returns he shall take back his wife.
If a man repudiates his city and his master and then lees, and someone else then marries his wife,
whenever he returns, he will have no claim to his wife.
118
ANN K. GUINAN
cases that began with LE 25. In LE 25 the parents break the contract that otherwise
would initiate the sequence of events resulting in a woman assuming the status of
wife. In LE 30 the woman’s status is abrogated by her husband’s deliberate absence.
LE 31 is a bridge case connecting LE 25–30 which deals with marriage to the next
sequence which deals with children. Violation of a man’s right of sexual control over
a woman is only a capital ofense in the context of marriage (LE 29–30).
The variations within a topical sequence constitute a paradigmatic legal problem. Sets of legal problems were transmitted to other scribal schools where they
were used for teaching and deliberation. 38 The legal traditions handed down by
these ancient scholars demonstrate that they expanded lines of inquiry and developed responses based on their own legal interests and cultural circumstances, but
also provide testimony that these scholars were working within a coherent scholarly
discipline, considering consistent problems and applying logic to them.
Omen texts systematically recorded topical sequences of signs and applied
them to deined ields of observation. Omens were compiled according to type into
small collections. The scholastic tradition increased textual production. As omen
texts passed from generation to generation and were widely disseminated, smaller
omen collections were compiled into larger, more inclusive compendia. In addition,
sequences of omens were extracted from one type of divinatory text and applied to
another. This is most pronounced in šumma ālu where sequences of omens that occur in other divinatory texts such as enūma anu enlil, iqqur īpuš, and šumma izbu
also occur in šumma ālu. 39
Comparisons and Conclusions
The irst-millennium compendia are characterized an enormous accretion of detail, much of which is on subjects with no modern equivalences. Often these texts
appear to be generated by process that seems mechanistic and combinatorial rather
than the result of intellectual engagement. When the starting point of a divinatory
inquiry is a cultural category such as the city, the accumulation of details becomes
extremely revealing.
Similarities between the omen and laws collections are fundamental, but so are
their essential diferences. The diferences in the size of their respective textual
corpora derive from diferences in their conceptual structure. Divination and law
are the same order of knowledge. The law collections are drafted with the intent of
producing a body of knowledge that is stable and knowable. Legal inquiry examines
the existing boundaries and obligations of the social world and seeks to clarify them.
Divination, on the other hand, does not investigate the customary or conventional.
It looks to an extraordinary source of knowledge in order to deal with aspects of life
whose solutions lie outside range of ordinary vision and control. An ominous sign is
a manifestation of a human condition that is latent and which may, but does not yet
fully, exist. Omen scholarship looks across vastly diferent domains of existence in
order to ind patterns of meaning that that are ordinarily hidden from view.
38. R. Westbrook, A History of Ancient Near Eastern Law, vol. 1, 18.
39. Sally M. Freedman, If a City is Set on a Height: The Akkadian Omen Series Šumma Alu Ina
Mēlê Šakin, vol. 1 (Occasional Publications of the Samuel Noah Kramer Fund, 17; Philadelphia: University of Pennsylvania Museum, 1998) 10–2.
Laws and Omens: Obverse and Inverse
119
Since further meaning is always waiting for the next item in a series, theoretically, a text remains open to endless new examples with no logical point of culmination. Nevertheless, at some point a text will satisfy its agenda and arrive at a
termination point. Legal collections reach a logical stopping point sooner than the
omen texts which become endlessly extensive. 40 The tension between evoking the
unknown, on one hand, and turning it into an accessible systematic body of knowledge, on the other, means that the recording of one set of ominous connections initiates a search for the next. The possibility of uncovering new, hidden meaning fuels
the engine of textual production. 41
Meaning is produced also by referential reversal of cultural categories or reversal of standard symbols throughout šumma ālu. 42 The reversals are a function of
the textual organization based on the expansion of the built environment. At the
furthest extreme things suddenly invert to the opposite. When outward extension
becomes over extension, one gets the reverse of what one intended. When cities and
houses are built too high their inhabitants are unhappy. When doors are too wide,
income leaves rather than enters.
The omens that parallel the laws focus on social rather than physical boundaries. Reversals occur when a common paradigm becomes a syntagm of: up is down/
bad is good/ front is back. What appears positive on the outside is a negative on
the inside. The unknown becomes the reverse of the known. The reversals present
divinatory meaning as a negative analogue—the other side of the coin.
In conclusion, the parallels to the laws give the omens a brief, but signiicant
voice in the broader textual culture of Mesopotamia. The omens may address the
circumstances that encompass legal norms, but they have an opposing perspective.
They probe the ambiguities, contradictions, and potential cultural instabilities that
the laws evoke, but do not resolve. Where laws articulate social boundaries and
prohibitions applicable to all, the omens ofer a diferent outlook on human relationships. They take the individual’s point of view and determine whether he is positively or negatively positioned in relation to the social whole. Perhaps this inverse
perspective of omens and laws derives from the cosmic geography of the two courts.
The divinatory court is situated in space and time in a realm that is the mirror image of the sphere of human law and justice with the god Šamaš uniting both parts
into a whole. Perhaps, as night is to day, as wife is to husband, as left is to right,
divination is to law.
40. See also F. Rochberg, Science in Contact 22 (2009) 13–4 for a discussion of the logical stopping
point in the celestial omens.
41. On the iterative structure of the omen texts, see Ann Guinan, “If a Severed Head Laughs: Stories of Divinatory Interpretation,” in Magic and Divination in the Ancient World (edited by Leda Ciraolo
and Jonathan Seidel; Ancient Magic and Divination, 2; Groningen, the Netherlands: Styx Publications,
2002) 13–40.
42. Ann Guinan, “The Perils of High Living: Divinatory Rhetoric,” in DUMU-E2-DUB-BA-A. Studies in honor of Åke W. Sjöberg (edited by Hermann Behrens, Darlene M. Loding, and Martha T. Roth;
Occasional publications of the Samnuel Noah Kramer fund, Vol. 11; Philadelphia: University of Pennsylvania Museum, 1989) 227–35; “Left/Right Symbolism in Mesopotamian Divination,” SAAB X (1) (1996)
5–10; “Social Constructs and Private Designs: The House Omens of Šumma Alu,” in Houses and Households in Ancient Mesopotamia. Papers read at the 40e Rencontre assyriologique internationale, Leiden,
July 5–8, 1993 (edited by Klaas Veenhof; PIHANS 78; Istanbul: Nederlands Historisch-archaeologisch
Instituut te Istanbul, 1996) 61–8.
120
ANN K. GUINAN
Abbreviations
K.
LE
LH
LL
MAL
VAT
Museum siglum of The British Museum, London (“Koujunyik”).
Laws of Eshnunna (for edition, see Martha Roth, Law Collections from Mesopotamia
and Asia Minor. 2nd edition [Writings from the Ancient World 6; Altanta, GA: Scholars Press, 1997]).
Laws of Hammurabi (for edition, see M. Roth, Law Collections from Mesopotamia
and Asia Minor).
Laws of Lipit-Ištar (for edition, see M. Roth, Law Collections from Mesopotamia and
Asia Minor).
Middle Assyrian Laws (for edition, see M. Roth, Law Collections from Mesopotamia
and Asia Minor).
Museum siglum of the Vorderasiatisches Museum, Berlin (“sVorderasiatische Abteilung, Tontafeln”).
Bibliography
Bottéro, Jean, and Herbert Petschow. “Homosexualität.” Pp. 459–68 in Reallexikon der Assyriologie und Vorderasiatischen Archöologie vol. 4. Edited by Dietz O. Edzard. Berlin: De Gruyter, 1972–1975.
Cooper, Jerrold. “Buddies in Babylonia.” Pp. 73–85 in Riches Hidden in Secret Places: Ancient
Near Eastern Studies in Memory of Thorkild Jacobsen. Edited by Tzvi Abusch. Winona Lake, IN: Eisenbrauns, 2005.
Eichler, Barry. “Literary Structure in the Laws of Eshnunna.” Pp. 71–84 in Language, Literature, and History: Philological and Historical Studies Presented to Erica Reiner.
Edited by Francesca Rochberg-Halton. New Haven, CT: American Oriental Society,
1987.
______ . “Examples of Restatement in the Laws of Hammurabi.” Pp. 365–400 in Mishneh
Todah: Studies in Deuteronomy and its Cultural Environment in Honor of Jefrey
H. Tigay. Edited by Nili Sacher Fox, David A. Glatt-Gilad, and Michael J. Williams.
Winona Lake, IN: Eisenbrauns, 2009.
Fincke, Jeanette C. “Omina, die göttlichen “Gesetze” der Divination.” JEOL 40 (2006–2007)
131–47.
Freedman, Sally M. If a City is Set on a Height: The Akkadian Omen Series Šumma Alu Ina
Mēlê Šakin, vol. 1. Occasional Publications of the Samual Noah Kramer Fund, 17.
Philadelphia: University of Pennsylvania Museum, 1998.
Guinan, Ann. “The Perils of High Living: Divinatory Rhetoric.” Pp. 227–35 in DUMU-E2DUB-BA-A. Studies in honor of Åke W. Sjöberg. Edited by Hermann Behrens, Darlene M. Loding, and Martha T. Roth. Occasional publications of the Samuel Noah
Kramer fund, vol. 11. Philadelphia: University of Pennsylvania Museum, 1989.
––––.“Human Behavioral Omens: On the Threshold of Psychological Inquiry.” Canadian Society for Mesopotamian Studies Bulletin 19 (1990) 9–14.
______ . “Left/Right Symbolism in Mesopotamian Divination.” SAAB X (1) (1996) 5–10.
______ . “Social Constructs and Private Designs: The House Omens of Šumma Alu.” Pp. 61–68
in Houses and Households in Ancient Mesopotamia. Papers read at the 40 e Rencontre
assyriologique internationale, Leiden, July 5–8, 1993. Edited by Klaas Veenhof.
PIHANS 78. Istanbul: Nederlands Historisch-archaeologisch Instituut te Istanbul,
1996.
______ . “Auguries of Hegemony: The Sex Omens of Mesopotamia.” Pp. 38–55 in Gender and
the Body in the Ancient Mediterranean. Edited by Maria Wyke. Oxford: Blackwells,
1998.
Laws and Omens: Obverse and Inverse
121
______ . “If a Severed Head Laughs: Stories of Divinatory Interpretation.” Pp. 13–40 in Magic
and Divination in the Ancient World. Edited by Leda Ciraolo and Jonathan Seidel.
Ancient Magic and Divination, 2. Groningen: Styx, 2002.
Hallo, William W. “The Slandered Bride” Pp. 95–105 in Studies Presented to A. Leo Oppenheim. Edited by R. Biggs and J. Brinkman. Chicago, 1964.
Heeßel, Nils P. Divinatorische Texte I. Terrestrische, teratologische, physiognomische und
oneiromantische Omina. Keilschrifttexte aus Assur literarischen Inhalts, 1. Wiesbaden: Harrassowitz, 2007.
Holtz, Shalom E. “ ‘To Go and Marry any Man that You Please’: A Study of the Formulaic
Antecedents of the Rabbinic Writ of Divorce.” JNES 60 (2001) 241–58.
Jacobsen, Thorkild. “How Did Gilgamesh Oppress Uruk?” ActOr 8 (1930) 74.
Lafont, Sophie. Femmes, Droit Et Justice Dans l’Antiquité Orientale: Contribution à l’Étude
Du Droit Penal Au Proche-Orient Ancien. Orbis Biblicus et Orientalis, 165. Fribourg,
Switzerland: Editions Universitaires / Göttingen: Vandenhoeck & Ruprecht, 1999.
Lyons, John. Semantics. Cambridge: Cambridge University Press, 1977.
Maul, Stefan M. Zukunftsbewältigung: Eine Untersuchung Altorientalischen Denkens Anhand Der Babylonisch-Assyrischen Löserituale (Namburbi). Baghdader Forschungen
18. Mainz am Rhein: Philipp von Zabern, 1994.
Nissinen, Martti. Homoeroticism in the Biblical World: A Historical Perspective. Minneapolis,
MN: Fortress, 1998.
______ . “Are there Homosexuals in Mesopotamian Literature?” JAOS 130 (2010) 73–77.
Rochberg, Francesca. The Heavenly Writing: Divination, Horoscopy, and Astronomy in Mesopotamian Culture. Cambridge: Cambridge University Press, 2004.
______ . “Inference, Conditionals, and Possibility in Ancient Mesopotamian Science.” Science
in Context 22 (2009) 5–25.
Roth, Martha. Law Collections from Mesopotamia and Asia Minor. 2nd edition. Writings
from the Ancient World 6. Altanta: Scholars Press, 1997.
Steinkeller, Piotr. “Of Stars and Men: The Conceptual and Mythological Setup of Babylonian
Extispicy.” Pp. 11–46 in Biblical and Oriental Essays in Memory of William L. Moran. Edited by Agustinus Gianto. Rome: Pontiicio Istituto biblico, 2005.
Stol, Marten. “Fever in Babylonia.” Pp. 1–39 in Disease in Babylonia. Edited by Irving L.
Finkel and Markham J. Geller. Cuneiform Monographs 36. Leiden: Brill, 2007.
Westbrook, Raymond. Old Babylonian Marriage Law. AfO Beiheft 23. Horn, Austria: Berger
& Söhne, 1988.
______ . “Introduction: The Character of Ancient Near Eastern Law.” Pp. 1–90 in vol. 1 of A
History of Ancient Near Eastern Law” Edited by Raymond Westbrook. Handbuch der
Orientalistik 1/72; Leiden: Brill, 2003.
______ . “Hammurabi and the Ends of the Earth.” Pp. 100–103 in Landscapes: Territories,
Frontiers and Horizons in the Ancient Near East: Papers Presented to the XLIV Rencontre Assyriologique Internationale, Venezia, 7–11 July 1997. Part III: Landscapes
in Ideology, Religion, Literature and Art. Edited by L. Milano, S. de Martino, F. M.
Fales, and G. B. Lanfranchi. History of the Ancient Near East Monographs 3/3.
Padova: Sargon, 2000.
Yaron, Reuven. The Laws of Eshnunna. 2nd rev. edition. Jerusalem: Magnes Press, The Hebrew University, 1988.