2500 BC

The Code of Hammurabi

Translated by L. W. King
With commentary from
Charles F. Horne, Ph.D. (1915)
and
The Eleventh Edition of the Encyclopaedia Britannica, 1910by the Rev. Claude Hermann Walter Johns, M.A. Litt.D.
The Code of Hammurabi
Introduction Charles F. Horne, Ph.D. 1915
. . .
[Hammurabi] was the ruler who chiefly established the greatness of Babylon, the
world's first metropolis. Many relics of Hammurabi's reign ([1795-1750 BC]) have
been preserved, and today we can study this remarkable King . . . as a wise law
-giver in his celebrated code. . .
. . .
[B]y far the most remarkable of the Hammurabi records is his code of laws, the e
arliest-known example of a ruler proclaiming publicly to his people an entire bo
dy of laws, arranged in orderly groups, so that all men might read and know what
was required of them. The code was carved upon a black stone monument, eight fe
et high, and clearly intended to be reared in public view. This noted stone was
found in the year 1901, not in Babylon, but in a city of the Persian mountains,
to which some later conqueror must have carried it in triumph. It begins and end
s with addresses to the gods. Even a law code was in those days regarded as a su
bject for prayer, though the prayers here are chiefly cursings of whoever shall
neglect or destroy the law. The code then regulates in clear and definite stro
kes the organization of society. The judge who blunders in a law case is to be e
xpelled from his judgeship forever, and heavily fined. The witness who testifies
falsely is to be slain. Indeed, all the heavier crimes are made punishable with
death. Even if a man builds a house badly, and it falls and kills the owner, th
e builder is to be slain. If the owner's son was killed, then the builder's son
is slain. We can see where the Hebrews learned their law of "an eye for an eye."
These grim retaliatory punishments take no note of excuses or explanations, but
only of the fact--with one striking exception. An accused person was allowed to
cast himself into "the river," the Euphrates. Apparently the art of swimming wa
s unknown; for if the current bore him to the shore alive he was declared innoce
nt, if he drowned he was guilty. So we learn that faith in the justice of the ru
ling gods was already firmly, though somewhat childishly, established in the min
ds of men. Yet even with this earliest set of laws, as with most things Babylo
nian, we find ourselves dealing with the end of things rather than the beginning
s. Hammurabi's code was not really the earliest. The preceding sets of laws have
disappeared, but we have found several traces of them, and Hammurabi's own code
clearly implies their existence. He is but reorganizing a legal system long est
ablished. Charles F. Horne, Ph.D.
BABYLONIAN LAW--The Code of Hammurabi. By the Rev. Claude Hermann Wa
lter Johns, M.A. Litt.D. from the Eleventh Edition of the Encyclopedia Britannic
a, 1910-1911
The material for the study of Babylonian law is singularly extensive wit
hout being exhaustive. The so-called "contracts," including a great variety of d
eeds, conveyances, bonds, receipts, accounts and, most important of all, the act
ual legal decisions given by the judges in the law courts, exist in thousands. H
istorical inscriptions, royal charters and rescripts, despatches, private letter
s and the general literature afford welcome supplementary information. Even gram
matical and lexicographical works, intended solely to facilitate the study of an
cient literature, contain many extracts or short sentences bearing on law and cu

stom. The so-called "Sumerian Family Laws" are thus preserved. The discovery of
the now celebrated Code of Hammurabi (hereinafter simply termed the Code) has, h
owever, made a more systematic study possible than could have resulted from the
classification and interpretation of the other material. Some fragments of a lat
er code exist and have been published; but there still remain many points upon w
hich we have no evidence.
This material dates from the earliest times down to the commencement of
our era. The evidence upon a particular point may be very full at one period and
almost entirely lacking at another. The Code forms the backbone of the skeleton
sketch which is here reconstructed. The fragments of it which have been recover
ed from Assur-bani-pal's library at Nineveh and later Babylonian copies show tha
t it was studied, divided into chapters entitled Ninu ilu sirum from its opening
words, and recopied for fifteen hundred years or more. The greater part of It r
emained in force, even through the Persian, Greek and Parthian conquests, which
affected private life in Babylonia very little, and it survived to influence Syr
o-Roman and later Mahommedan law in Mesopotamia. The law and custom which preced
ed the Code we shall call "early," that of the New Babylonian empire (as well as
the Persian, Greek, &c.) "late." The law in Assyria was derived from Babylonia
but conserved early features long after they had disappeared elsewhere.
When the Semitic tribes settled in the cities of Babylonia, their tribal
custom passed over into city law. The early history of the country is the story
of a struggle for supremacy between the cities. A metropolis demanded tribute a
nd military support from its subject cities but left their local cults and custo
ms unaffected. The city rights and usages were respected by kings and conquerors
alike.
As late as the accession of Assur-bani-pal and Samas-sum-yukin we find t
he Babylonians appealing to their city laws that groups of aliens to the number
of twenty at a time were free to enter the city, that foreign women once married
to Babylonian husbands could not be enslaved and that not even a dog that enter
ed the city could be put to death untried.
The population of Babylonia was of many races from early times and inter
communication between the cities was incessant. Every city had a large number of
resident aliens. This freedom of intercourse must have tended to assimilate cus
tom. It was, however, reserved for the genius of Hammurabi to make Babylon his m
etropolis and weld together his vast empire by a uniform system of law.
Almost all trace of tribal custom has already disappeared from the law o
f the Code. It is state-law; - alike self-help, blood-feud, marriage by capture,
are absent; though family solidarity, district responsibility, ordeal, the lex
talionis, are primitive features that remain. The king is a benevolent autocrat,
easily accessible to all his subjects, both able and willing to protect the wea
k against the highest-placed oppressor. The royal power, however, can only pardo
n when private resentment is appeased. The judges are strictly supervised and ap
peal is allowed. The whole land is covered with feudal holdings, masters of the
levy, police, &c. There is a regular postal system. The pax Babylonica is so ass
ured that private individuals do not hesitate to ride in their carriage from Bab
ylon to the coast of the Mediterranean. The position of women is free and dignif
ied.
The Code did not merely embody contemporary custom or conserve ancient l
aw. It is true that centuries of law-abiding and litigious habitude had accumula
ted in the temple archives of each city vast stores of precedent in ancient deed
s and the records of judicial decisions, and that intercourse had assimilated ci
ty custom. The universal habit of writing and perpetual recourse to written cont
ract even more modified primitive custom and ancient precedent. Provided the par
ties could agree, the Code left them free to contract as a rule. Their deed of a

greement was drawn up in the temple by a notary public, and confirmed by an oath
"by god and the king." It was publicly sealed and witnessed by professional wit
nesses, as well as by collaterally interested parties. The manner in which it wa
s thus executed may have been sufficient security that its stipulations were not
impious or illegal. Custom or public opinion doubtless secured that the parties
would not agree to wrong. In case of dispute the judges dealt first with the co
ntract. They might not sustain it, but if the parties did not dispute it, they w
ere free to observe it. The judges' decision might, however, be appealed against
. Many contracts contain the proviso that in case of future dispute the parties
would abide by "the decision of the king." The Code made known, in a vast number
of cases, what that decision would be, and many cases of appeal to the king wer
e sent back to the judges with orders to decide in accordance with it. The Code
itself was carefully and logically arranged and the order of its sections was co
nditioned by their subject-matter. Nevertheless the order is not that of modern
scientific treatises, and a somewhat different order from both is most convenien
t for our purpose.
The Code contemplates the whole population as falling into three classes
, the amelu, the muskinu and the ardu. The amelu was a patrician, the man of fam
ily, whose birth, marriage and death were registered, of ancestral estates and f
ull civil rights. He had aristocratic privileges and responsibilities, the right
to exact retaliation for corporal injuries, and liability to heavier punishment
for crimes and misdemeanours, higher fees and fines to pay. To this class belon
ged the king and court, the higher officials, the professions and craftsmen. The
term became in time a mere courtesy title but originally carried with it standi
ng. Already in the Code, when status is not concerned, it is used to denote "any
one." There was no property qualification nor does the term appear to be racial
. It is most difficult to characterize the muskinu exactly. The term came in tim
e to mean "a beggar" and with that meaning has passed through Aramaic and Hebrew
into many modern languages; but though the Code does not regard him as necessar
ily poor, he may have been landless. He was free, but had to accept monetary com
pensation for corporal injuries, paid smaller fees and fines, even paid less off
erings to the gods. He inhabited a separate quarter of the city. There is no rea
son to regard him as specially connected with the court, as a royal pensioner, n
or as forming the bulk of the population. The rarity of any reference to him in
contemporary documents makes further specification conjectural. The ardu was a s
lave, his master's chattel, and formed a very numerous class. He could acquire p
roperty and even hold other slaves. His master clothed and fed him, paid his doc
tor's fees, but took all compensation paid for injury done to him. His master us
ually found him a slave-girl as wife (the children were then born slaves), often
set him up in a house (with farm or business) and simply took an annual rent of
him. Otherwise he might marry a freewoman (the children were then free), who mi
ght bring him a dower which his master could not touch, and at his death one-hal
f of his property passed to his master as his heir. He could acquire his freedom
by purchase from his master, or might be freed and dedicated to a temple, or ev
en adopted, when he became an amelu and not a muskinu. Slaves were recruited by
purchase abroad, from captives taken in war and by freemen degraded for debt or
crime. A slave often ran away; if caught, the captor was bound to restore him to
his master, and the Code fixes a reward of two shekels which the owner must pay
the captor. It was about one-tenth of the average value. To detain, harbour, &c
., a slave was punished by death. So was an attempt to get him to leave the city
. A slave bore an identification mark, which could only be removed by a surgical
operation and which later consisted of his owner's name tattooed or branded on
the arm. On the great estates in Assyria and its subject provinces were many ser
fs, mostly of subject race, settled captives, or quondam slaves, tied to the soi
l they cultivated and sold with the estate but capable of possessing land and pr
operty of their own. There is little trace of serfs in Babylonia, unless the mus
kinu be really a serf.
The god of a city was originally owner of its land, which encircled it

with an inner ring of irrigable arable land and an outer fringe of pasture, and
the citizens were his tenants. The god and his viceregent, the king, had long ce
ased to disturb tenancy, and were content with fixed dues in naturalia, stock, m
oney or service. One of the earliest monuments records the purchase by a king of
a large estate for his son, paying a fair market price and adding a handsome ho
norarium to the many owners in costly garments, plate, and precious articles of
furniture. The Code recognizes complete private ownership in land, but apparentl
y extends the right to hold land to votaries, merchants (and resident aliens?).
But all land was sold subject to its fixed charges. The king, however, could fre
e land from these charges by charter, which was a frequent way of rewarding thos
e who deserved well of the state. It is from these charters that we learn nearly
all we know of the obligations that lay upon land. The state demanded men for t
he army and the corvee as well as dues in kind. A definite area was bound to fin
d a bowman together with his linked pikeman (who bore the shield for both) and t
o furnish them with supplies for the campaign. This area was termed "a bow" as e
arly as the 8th century B.C., but the usage was much earlier. Later, a horseman
was due from certain areas. A man was only bound to serve so many (six?) times,
but the land had to find a man annually. The service was usually discharged by s
laves and serfs, but the amelu (and perhaps the muskenu) went to war. The "bows"
were grouped in tens and hundreds. The corvee was less regular. The letters of
Hammurabi often deal with claims to exemption. Religious officials and shepherds
in charge of flocks were exempt. Special liabilities lay upon riparian owners t
o repair canals, bridges, quays, &c. The state claimed certain proportions of al
l crops, stock, &c. The king's messengers could commandeer any subject's propert
y, giving a receipt. Further, every city had its own octroi duties, customs, fer
ry dues, highway and water rates. The king had long ceased to be, if he ever wa
s, owner of the land. He had his own royal estates, his private property and due
s from all his subjects. The higher officials had endowments and official reside
nces. The Code regulates the feudal position of certain classes. They held an es
tate from the king consisting of house, garden, field, stock and a salary, on co
ndition of personal service on the king's errand. They could not delegate the se
rvice on pain of death. When ordered abroad they could nominate a son, if capabl
e, to hold the benefice and carry on the duty. If there was no son capable, the
state put in a locum tenens, but granted one-third to the wife to maintain herse
lf and children. The benefice was inalienable, could not be sold, pledged, excha
nged, sublet, devised or diminished. Other land was held of the state for rent.
Ancestral estate was strictly tied to the family. If a holder would sell, the fa
mily had the right of redemption and there seems to have been no time-limit to i
ts exercise.
The temple occupied a most important position. It received from its esta
tes, from tithes and other fixed dues, as well as from the sacrifices (a customa
ry share) and other offerings of the faithful, vast amounts of all sorts of natu
ralia; besides money and permanent gifts. The larger temples had many officials
and servants. Originally, perhaps, each town clustered round one temple, and eac
h head of a family had a right to minister there and share its receipts. As the
city grew, the right to so many days a year at one or other shrine (or its "gate
") descended in certain families and became a species of property which could be
pledged, rented or shared within the family, but not alienated. In spite of all
these demands, however, the temples became great granaries and store-houses; as
they also were the city archives. The temple held its responsibilities. If a ci
tizen was captured by the enemy and could not ransom himself the temple of his c
ity must do so. To the temple came the poor farmer to borrow seed corn or suppli
es for harvesters, &c.--advances which he repaid without interest. The king's po
wer over the temple was not proprietary but administrative. He might borrow from
it but repaid like other borrowers. The tithe seems to have been the compositio
n for the rent due to the god for his land. It is not clear that all lands paid
tithe, perhaps only such as once had a special connexion with the temple.
The Code deals with a class of persons devoted to the service of a god,

as vestals or hierodules. The vestals were vowed to chastity, lived together in

a great nunnery, were forbidden to open or enter a tavern, and together with oth
er votaries had many privileges.
The Code recognizes many ways of disposing of property--sale, lease, bar
ter, gift, dedication, deposit, loan, pledge, all of which were matters of contr
act. Sale was the delivery of the purchase (in the case of real estate symbolize
d by a staff, a key, or deed of conveyance) in return for the purchase money, re
ceipts being given for both. Credit, if given, was treated as a debt, and secure
d as a loan by the seller to be repaid by the buyer, fr which he gave a bond. Th
e Code admits no claim unsubstantiated by documents or the oath of witnesses. A
buyer had to convince himself of the seller's title. If he bought (or received o
n deposit) from a minor or a slave without power of attorney, he would be execut
ed as a thief. If the goods were stolen and the rightful owner reclaimed them, h
e had to prove his purchase by producing the seller and the deed of sale or witn
esses to it. Otherwise he would be adjudged a thief and die. If he proved his pu
rchase, he had to give up the property but had his remedy against the seller or,
if he had died, could reclaim five-fold from his estate. A man who bought a sla
ve abroad, might find that he had been stolen or captured from Babylonia, and he
had to restore him to his former owner without profit. If he bought property be
longing to a feudal holding, or to a ward in chancery, he had to return it and f
orfeit what he gave for it as well. He could repudiate the purchase of a slave a
ttacked by the bennu sickness within the month (later, a hundred days), and had
a female slave three days on approval. A defect of title or undisclosed liabilit
y would invalidate the sale at any time.
Landowners frequently cultivated their land themselves but might employ
a husbandman or let it. The husbandman was bound to carry out the proper cultiva
tion, raise an average crop and leave the field in good tilth. In case the crop
failed the Code fixed a statutory return. Land might be let at a fixed rent when
the Code enacted that accidental loss fell on the tenant. If let on share-profi
t, the landlord and tenant shared the loss proportionately to their stipulated s
hare of profit. If the tenant paid his rent and left the land in good tilth, the
landlord could not interfere nor forbid subletting. Waste land was let to recla
im, the tenant being rent-free for three years and paying a stipulated rent in t
he fourth year. If the tenant neglected to reclaim the land the Code enacted tha
t he must hand it over in good tilth and fixed a statutory rent. Gardens or plan
tations were let in the same ways and under the same conditions; but for date-gr
oves four years' free tenure was allowed. The metayer system was in vogue, espec
ially on temple lands. The landlord found land, labour, oxen for ploughing and w
orking the watering-machines, carting, threshing or other implements, seed corn,
rations for the workmen and fodder for the cattle. The tenant, or steward, usua
lly had other land of his own. If he stole the seed, rations or fodder, the Code
enacted that his fingers should be cut off. If he appropriated or sold the impl
ements, impoverished or sublet the cattle, he was heavily fined and in default o
f payment might be condemned to be torn to pieces by the cattle on the field. Re
nt was as contracted.
yke,
done
heft
vily

Irrigation was indispensable. If the irrigator neglected to repair his d

or left his runnel open and caused a flood, he had to make good the damage
to his neighbours' crops, or be sold with his family to pay the cost. The t
of a watering-machine, water-bucket or other agricultural implement was hea
fined.

Houses were let usually for the year, but also for longer terms, rent be
ing paid in advance, half-yearly. The contract generally specified that the hous
e was in good repair, and the tenant was bound to keep it so. The woodwork, incl
uding doors and door frames, was removable, and the tenant might bring and take
away his own. The Code enacted that if the landlord would re-enter before the te
rm was up, he must remit a fair proportion of the rent. Land was leased for hous

es or other buildings to be built upon it, the tenant being rent-free for eight
or ten years; after which the building came into the landlord's possession.
Despite the multitude of slaves, hired labour was often needed, especial
ly at harvest. This was matter of contract, and the hirer, who usually paid in a
dvance, might demand a guarantee to fulfil the engagement. Cattle were hired for
ploughing, working the watering-machines, carting, threshing, etc. The Code fix
ed a statutory wage for sowers, ox-drivers, field-labourers, and hire for oxen,
asses, &c.
There were many herds and flocks. The flocks were committed to a shepher
d who gave receipt for them and took them out to pasture. The Code fixed him a w
age. He was responsible for all care, must restore ox for ox, sheep for sheep, m
ust breed them satisfactorily. Any dishonest use of the flock had to be repaid t
en-fold, but loss by disease or wild beasts fell on the owner. The shepherd made
good all loss due to his neglect. If he let the flock feed on a field of corn h
e had to pay damages four-fold; if he turned them into standing corn when they o
ught to have been folded he paid twelve-fold.
In commercial matters, payment in kind was still common, though the cont
racts usually stipulate for cash, naming the standard expected, that of Babylon,
Larsa, Assyria, Carchemish, &c. The Code enacted, however, that a debtor must b
e allowed to pay in produce according to statutory scale. If a debtor had neithe
r money nor crop, the creditor-must not refuse goods.
Debt was secured on the person of the debtor. Distraint on a debtor's co
rn was forbidden by the Code; not only must the creditor give it back, but his i
llegal action forfeited his claim altogether. An unwarranted seizure for debt wa
s fined, as was the distraint of a working ox. The debtor being seized for debt
could nominate as mancipium or hostage to work off the debt, his wife, a child,
or slave. The creditor could only hold a wife or child three years as mancipium.
If the mancipium died a natural death while in the creditor's possession no cla
im could lie against the latter; but if he was the cause of death by cruelty, he
had to give son for son, or pay for a slave. He could sell a slave-hostage, unl
ess she were a slave-girl who had borne her master children. She had to be redee
med by her owner.
The debtor could also pledge his property, and in contracts often pledge
d a field house or crop. The Code enacted, however, that the debtor should alway
s take the crop himself and pay the creditor from it. If the crop failed, paymen
t was deferred and no interest could be charged for that year. If the debtor did
not cultivate the field himself he had to pay for the cultivation, but if the c
ultivation was already finished he must harvest it himself and pay his debt from
the crop. If the cultivator did not get a crop this would not cancel his contra
ct. Pledges were often made where the intrinsic value of the article was equival
ent to the amount of the debt; but antichretic pledge was more common, where the
profit of the pledge was a set-off against the interest of the debt. The whole
property of the debtor might be pledged as security for the payment of the debt,
without any of it coming into the enjoyment of the creditor. Personal guarantee
s were often given that the debtor would repay or the guarantor become liable hi
mself.
Trade was very extensive. A common way of doing business was for a merch
ant to entrust goods or money to a travelling agent, who sought a market for his
goods. The caravans travelled far beyond the limits of the empire. The Code ins
isted that the agent should inventory and give a receipt for all that he receive
d. No claim could be made for anything not so entered. Even if the agent made no
profit he was bound to return double what he had received, if he made poor prof
it he had to make up the deficiency; but he was not responsible for loss by robb
ery or extortion on his travels. On his return, the principal must give a receip

t for what was handed over to him. Any false entry or claim on the agent's part
was penalised three-fold, on the principal's part six-fold. In normal cases prof
its were divided according to contract, usually equally.
A considerable amount of forwarding was done by the caravans. The carrie
r gave a receipt for the consignment, took all responsibility and exacted a rece
ipt on delivery. If he defaulted he paid five-fold. He was usually paid in advan
ce. Deposit, especially warehousing of grain, was charged for at one-sixtieth. T
he warehouseman took all risks, paid double for all shortage, but no claim could
be made unless be had given a properly witnessed receipt. Water traffic on the
Euphrates and canals was early very considerable. Ships, whose tonnage was estim
ated at the amount of grain they could carry, were continually hired for the a t
ransport of all kinds of goods. The Code fixes the price for building and insist
s on the builder's giving a year's guarantee of seaworthiness. It fixes the hire
of ship and of crew. The captain was responsible for the freight and the ship;
he had to replace all loss. Even if he refloated the ship he had to pay a fine o
f half its value for sinking it. In the case of collision the boat under way was
responsible for damages to the boat at anchor. The Code also regulated the liqu
or traffic, fixing a fair price for beer and forbidding the connivance of the ta
vern-keeper (a female!) at disorderly conduct or treasonable assembly, under pai
n of death. She was to hale the offenders to the palace, which implied an effici
ent and accessible police system.
Payment through a banker or by written draft against deposit was frequen
t. Bonds to pay were treated as negotiable. Interest a was rarely charged on adv
ances by the temple or wealthy land-owners for pressing needs, but this may have
been part of the metayer system. The borrowers may have been tenants. Interest
was charged at very high rates for overdue loans of this kind. Merchants (and ev
en temples in some cases) made ordinary business loans, charging from 20 to 30%.
Marriage retained the form of purchase, but was essentially a contract t
o be man and wife together. The marriage of young people was usually arranged be
tween the relatives, the bride- groom's father providing the bride-price, which
with other presents the suitor ceremonially presented to the bride's father. Thi
s bride-price was usually handed over by her father to the bride on her marriage
, and so came back into the bridegroom's possession, along with her dowry, which
was her portion as a daughter. The bride-price varied much, according to the po
sition of the parties, but was in excess of that paid for a slave. The Code enac
ted that if the father does not, after accepting a man's presents, give him his
daughter, he, must return the presents doubled. Even if his decision was brought
about by libel on the part of the suitor's friend this was done, and the Code e
nacted that the faithless friend should not marry the girl. If a suitor changed
his mind, he forfeited the presents. The dowry might include real estate, but ge
nerally consisted of personal effects and household furniture. It remained the w
ife's for life, descending to her children, if any; otherwise returning to her f
amily, when the husband could deduct the bride-price if it had not been given to
her, or return it, if it had. The marriage ceremony included joining of hands a
nd the utterance of some formula of acceptance on the part of the bridegroom, as
"I am the son of nobles, silver and gold shall fill thy lap, thou shalt be my w
ife, I will be thy husband. Like the fruit of a garden I will give thee offsprin
g." It must be performed by a freeman.
The marriage contract, without which the Code ruled that the woman was n
o wife, usually stated the consequences to which each party was liable for repud
iating the other. These by no means necessarily agree with the Code. Many condit
ions might be inserted: as that the wife should act as maidservant to her mother
-in-law, or to a first wife. The married couple formed a unit as to external res
ponsibility, especially for debt. The man was responsible for debts contracted b
y his wife, even before her marriage, as well as for his own; but he could use h
er as a mancipium. Hence the Code allowed a proviso to be inserted in the marria

ge contract, that the wife should not be seized for her husband's prenuptial deb
ts; but enacted that then he was not responsible for her prenuptial debts, and,
in any case, that both together were responsible for all debts contracted after
marriage. A man might make his wife a settlement by deed of gift, which gave her
a life interest in part of his property, and he might reserve to her the right
to bequeath it to a favourite child, but she could in no case leave it to her fa
mily. Although married she always remained a member of her father's house--she i
s rarely named wife of A, usually daughter of B, or mother of C.
Divorce was optional with the man, but he had to restore the dowry and,
if the wife had borne him children, she had the custody of them. He had then to
assign her the income of field, or garden, as well as goods, to maintain herself
and children until they grew up. She then shared equally with them in the allow
ance (and apparently in his estate at his death) and was free to marry again. If
she had no children, he returned her the dowry and paid her a sum equivalent to
the bride-price, or a mina of silver, if there had been none. The latter is the
forfeit usually named in the contract for his repudiation of her.
If she had been a bad wife, the Code allowed him to send her away, while
he kept the children and her dowry; or he could degrade her to the position of
a slave in his own house, where she would have food and clothing. She might brin
g an action against him for cruelty and neglect and, if she proved her case, obt
ain a judicial separation, taking with her her dowry. No other punishment fell o
n the man. If she did not prove her case, but proved to be a bad wife, she was d
rowned. If she were left without maintenance during her husband's involuntary ab
sence, she could cohabit with another man, but must return to her husband if he
came back, the children of the second union remaining with their own father. If
she had maintenance, a breach of the marriage tie was adultery. Wilful desertion
by, or exile of, the husband dissolved the marriage, and if he came back he had
no claim on her property; possibly not on his own.
As a widow, the wife took her husband's place in the family, living on i
n his house and bringing up the children. She could only remarry with judicial c
onsent, when the judge was bound to inventory the deceased's estate and hand it
over to her and her new husband in trust for the children. They could not aliena
te a single utensil. If she did not remarry, she lived on in her husband's house
and took a child's share on the division of his estate, when the children had g
rown up. She still retained her dowry and any settlement deeded to her by her hu
sband. This property came to her children. If she had remarried, all her childre
n shared equally in her dowry, but the first husband's gift fell to his children
or to her selection among them, if so empowered.
Monogamy was the rule, and a childless wife might give her husband a mai
d (who was no wife) to bear him children, who were reckoned hers. She remained m
istress of her maid and might degrade her to slavery again for insolence, but co
uld not sell her if she had borne her husband children. If the wife did this, th
e Code did not allow the husband to take a concubine. If she would not, he could
do so. The concubine was a wife, though not of the same rank; the first wife ha
d no power over her. A concubine was a free woman, was often dowered for marriag
e and her children were legitimate. She could only be divorced on the same condi
tions as a wife. If a wife became a chronic invalid, the husband was bound to ma
intain her in the home they bad made together, unless she preferred to take her
dowry and go back to her father's house; but he was free to remarry. In all thes
e cases the children were legitimate and legal heirs.
There was, of course, no hindrance to a man having children by a slave g
irl. These children were free, in any case, and their mother could not be sold,
though she might be pledged, and she was free on her master's death. These child
ren could be legitimized by their father's acknowledgment before witnesses, and
were often adopted. They then ranked equally in sharing their father's estate, b

ut if not adopted, the wife's children divided and took first choice.
Vestal virgins were not supposed to have children, yet they could and o
ften did marry. The Code contemplated that such a wife would give a husband a m
aid as above. Free women might marry slaves and be dowered for the marriage. Th
e children were free, and at the slave's death the wife took her dowry and half
what she and her husband had acquired in wedlock for self and children; the mas
ter taking the other half as his slave's heir.
A father had control over his children till their marriage. He had a rig
ht to their labour in return for their keep. He might hire them out and receive
their wages, pledge them for debt, even sell them outright. Mothers had the sam
e rights in the absence of the father; even elder brothers when both parents wer
e dead. A father had no claim on his married children for support, but they reta
ined a right to inherit on his death.
The daughter was not only in her father's power to be given in marriage,
but he might dedicate her to the service of some god as a vestal or a hierodule
; or give her as a concubine. She had no choice in these matters, which were oft
en decided in her childhood. A grown-up daughter might wish to become a votary,
perhaps in preference to an uncongenial marriage, and it seems that her father c
ould not refuse her wish. In all these cases the father might dower her. If he d
id not, on his death the brothers were bound to do so, giving her a full child's
share if a wife, a concubine or a vestal, but one-third of a child's share if s
he were a hierodule or a Marduk priestess. The latter had the privilege of exemp
tion from state dues and absolute disposal of her property. All other daughters
had only a life interest in their dowry, which reverted to their family, if chil
dless, or went to their children if they had any. A father might, however, execu
te a deed granting a daughter power to leave her property to a favourite brother
or sister. A daughter's estate was usually managed for her by her brothers, but
if they did not satisfy her, she could appoint a steward. If she married, her h
usband managed it.
The son also appears to have received his share on marriage, but did not
always then leave his father's house; he might bring his wife there. This was u
sual in child marriages.
Adoption was very common, especially where the father (or mother) was ch
ildless or had seen all his children grow up and marry away. The child was then
adopted to care for the parents' old age. This was done by contract, which usual
ly specified what the parent had to leave and what maintenance was expected. The
real children, if any, were usually consenting parties to an arrangement which
cut off their expectations. They even, in some cases, found the estate for the a
dopted child who was to relieve them of a care. If the adopted child failed to c
arry out the filial duty the contract was annulled in the law courts. Slaves wer
e often adopted and if they proved unfilial were reduced to slavery again.
A craftsman often adopted a son to learn the craft. He profited by the s
on's labour. If he failed to teach his son the craft, that son could prosecute h
im and get the contract annulled. This was a form of apprenticeship, and it is n
ot clear that the apprentice had any filial relation.
A man who adopted a son, and afterwards married and had a family of his
own, could dissolve the contract but must give the adopted child one-third of a
child's share in goods, but no real estate. That could only descend in the famil
y to which he had ceased to belong. Vestals frequently adopted daughters, usuall
y other vestals, to care for their old age.
Adoption had to be with consent of the real parents, who usually execute
d a deed making over the child, who thus ceased to have any claim upon them. But

vestals, hierodules, certain palace officials and slaves had no rights over the
ir children and could raise no obstacle. Foundlings and illegitimate children ha
d no parents to object. If the adopted child discovered his true parents and wan
ted to return to them, his eye or tongue was torn out. An adopted child was a fu
ll heir, the contract might even assign him the position of eldest son. Usually
he was residuary legatee.
All legitimate children shared equally in the father's estate at his dea
th, reservation being made of a bride-price for an unmarried son, dower for a da
ughter or property deeded to favourite children by the father. There was no birt
hright attaching to the position of eldest son, but he usually acted as executor
and after considering what each had already received equalized the shares. He e
ven made grants in excess to the others from his own share. When there were two
mothers, the two families shared equally in the father's estate until later time
s when the first family took two-thirds. Daughters, in the absence of sons, had
sons' rights. Children also shared their own mother's property, but had no share
in that of a stepmother.
A father could disinherit a son in early times without restriction, but
the Code insisted upon judicial consent and that only for repeated unfilial cond
uct. In early times the son who denied his father had his front hair shorn, a sl
ave-mark put on him, and could be sold as a slave; while if he denied his mother
he had his front hair shorn, was driven round the city as an example and expell
ed his home, but not degraded to slavery.
Adultery was punished with the death of both parties by drowning, but if
the husband was willing to pardon his wife, the king might intervene to pardon
the paramour. For incest with his own mother, both were burned to death; with a
stepmother, the man was disinherited; with a daughter, the man was exiled; with
a daughter-in-law, he was drowned; with a son's betrothed, he was fined. A wife
who for her lover's sake procured her husband's death was gibbeted. A betrothed
girl, seduced by her prospective father-in-law, took her dowry and returned to h
er family, and was free to marry as she chose.
In the criminal law the ruling principle was the lex talionis. Eye for e
ye, tooth for tooth, limb for limb was the penalty for assault upon an amelu. A
sort of symbolic retaliation was the punishment of the offending member, seen in
the cutting off the hand that struck a father or stole a trust; in cutting off
the breast of a wet-nurse who substituted a changeling for the child entrusted t
o her; in the loss of the tongue that denied father or mother (in the Elamite co
ntracts the same penalty was inflicted for perjury); in the loss of the eye that
pried into forbidden secrets. The loss of the surgeon's hand that caused loss o
f life or limb or the brander's hand that obliterated a slave's identification m
ark, are very similar. The slave, who struck a freeman or denied his master, los
t an ear, the organ of hearing and symbol of obedience. To bring another into da
nger of death by false accusation was punished by death. To cause loss of libert
y or property by false witness was punished by the penalty the perjurer sought t
o bring upon another.
The death penalty was freely awarded for theft and other crimes regarded
as coming under that head, for theft involving entrance of palace or temple tre
asury, for illegal purchase from minor or slave, for selling stolen goods or rec
eiving the same, for common theft in the open (in default of multiple restoratio
n) or receiving the same, for false claim to goods, for kidnapping, for assistin
g or harbouring fugitive slaves, for detaining or appropriating same, for brigan
dage, for fraudulent sale of drink, for disorderly conduct of tavern, for delega
tion of personal service, for misappropriating the levy, for oppression of feuda
l holders, for causing death of a householder by bad building. The manner of dea
th is not specified in these cases. This death penalty was also fixed for such c
onduct as placed another in danger of death. A specified form of death penalty o

ccurs in the following cases:-gibbeting (on the spot where crime was committed)
for burglary, later also for encroaching on the king's highway, for getting a sl
ave-brand obliterated, for procuring husband's death; burning for incest with ow
n mother, for vestal entering or opening tavern, for theft at fire (on the spot)
; drowning for adultery, rape of betrothed maiden, bigamy, bad conduct as wife,
seduction of daughter-in-law.
A curious extension of the talio is the death of creditor's son for his
father's having caused the death of debtor's son as mancipium; of builder's son
for his father's causing the death of house-owner's son by building the house ba
dly; the death of a man's daughter because her father caused the death of anothe
r man's daughter.
The contracts naturally do not concern such criminal cases as the above,
as a rule, but marriage contracts do specify death by strangling, drowning, pre
cipitation from a tower or pinnacle of the temple or by the iron sword for a wif
e's repudiation of her husband. We are quite without evidence as to the executiv
e in all these cases.
Exile was inflicted for incest with a daughter; disinheritance for inces
t with a stepmother or for repeated unfilial conduct. Sixty strokes of an ox-hid
e scourge were awarded for a brutal assault on a superior, both being amelu. Bra
nding (perhaps the equivalent of degradation to slavery) was the penalty for sla
nder of a married woman or vestal. Deprivation of office in perpetuity fell upon
the corrupt judge. Enslavement befell the extravagant wife and unfilial childre
n. Imprisonment was common, but is not recognized by the Code.
The commonest of all penalties was a fine. This is awarded by the Code f
or corporal injuries to a muskinu or slave (paid to his master); for damages don
e to property, for breach of contract. The restoration of goods appropriated, il
legally bought or damaged by neglect, was usually accompanied by a fine, giving
it the form of multiple restoration. This might be double, treble, fourfold, fiv
efold, sixfold, tenfold, twelvefold, even thirtyfold, according to the enormity
of the offence.
The Code recognized the importance of intention. A man who killed anothe
r in a quarrel must swear he did not do so intentionally, and was then only fine
d according to the rank of the deceased. The Code does not say what would be the
penalty of murder, but death is so often awarded where death is caused that we
can hardly doubt that the murderer was put to death. If the assault only led to
injury and was unintentional, the assailant in a quarrel had to pay the doctor's
fees. A brander, induced to remove a slave's identification mark, could swear t
o his ignorance and was free. The owner of an ox which gored a man on the street
was only responsible for damages if, the ox was known by him to be vicious, eve
n if it caused death. If the mancipium died a natural death under the creditor's
hand, the creditor was scot free. In ordinary cases responsibility was not dema
nded for accident or for more than proper care. Poverty excused bigamy on the pa
rt of a deserted wife.
On the other hand carelessness and neglect were severely punished, as in
the case of the unskilful physician, if it led to loss of life or limb his hand
s were cut off, a slave had to be replaced, the loss of his eye paid for to half
his value; a veterinary surgeon who caused the death of an ox or ass paid quart
er value; a builder, whose careless workmanship caused death, lost his life or p
aid for it by the death of his child, replaced slave or goods, and in any case h
ad to rebuild the house or make good any damages due to defective building and r
epair the defect as well. The boat-builder had to make good any defect of constr
uction or damage due to it for a year's warranty.
Throughout the Code respect is paid to status.

Suspicion was not enough. The criminal must be taken in the act, e.g. th
e adulterer, ravisher, &c. A man could not be convicted of theft unless the good
s were found in his possession.
In the case of a lawsuit the plaintiff preferred his own plea. There is
no trace of professional advocates, but the plea had to be in writing and the no
tary doubtless assisted in the drafting of it. The judge saw the plea, called th
e other parties before him and sent for the witnesses. If these were not at hand
he might adjourn the case for their production, specifying a time up to six mon
ths. Guarantees might be entered into to produce the witnesses on a fixed day. T
he more important cases, especially those involving life and death, were tried b
y a bench of judges. With the judges were associated a body of elders, who share
d in the decision, but whose exact function is not yet clear. Agreements, declar
ations and non-contentious cases are usually witnessed by one judge and twelve e
lders.
Parties and witnesses were put on oath. The penalty for the false witnes
s was usually that which would have been awarded the convicted criminal. In matt
ers beyond the knowledge of men, as the guilt or innocence of an alleged wizard
or a suspected wife, the ordeal by water was used. The accused jumped into the s
acred river, and the innocent swam while the guilty drowned. The accused could c
lear himself by oath where his own knowledge was alone available. The plaintiff
could swear to his loss by brigands, as to goods claimed, the price paid for a s
lave purchased abroad or the sum due to him. But great stress was laid on the pr
oduction of written evidence. It was a serious thing to lose a document. The jud
ges might be satisfied of its existence and terms by the evidence of the witness
es to it, and then issue an order that whenever found it should be given up. Con
tracts annulled were ordered to be broken. The court might go a journey to view
the property and even take with them the sacred symbols on which oath was made.
The decision given was embodied in writing, sealed and witnessed by the
judges, the elders, witnesses and a scribe. Women might act in all these capacit
ies. The parties swore an oath, embodied in the document, to observe its stipula
tions. Each took a copy and one was held by the scribe to be stored in the archi
ves.
Appeal to the king was allowed and is well attested. The judges at Babyl
on seem to have formed a superior court to those of provincial towns, but a defe
ndant might elect to answer the charge before the local court and refuse to plea
d at Babylon.
Finally, it may be noted that many immoral acts, such as the use of fals
e weights, lying, &c., which could not be brought into court, are severely denou
nced in the Omen Tablets as likely to bring the offender into "the hand of God"
as opposed to "the hand of the king." Bibliography.
Contracts in general: Oppert and Menant, Documents juridiques de l'Assyr
ie et de la Chaldee (Paris, 1877); J. Kohler and F. E. Peiser, Aus dem Babylonis
chen Rechtsleben (Leipzig, 1890 ff.); F. E. Peiser, Babylonische Vertrage (Berli
n, 1890), Keilinschrifiliche Actenstucke (Berlin, 1889); Br. Meissner, Beitrage
zur altbabylonischen Privatrecht (Leipzig, 1893); F. E. Peiser, "Texte juristisc
hen und geschaftlichen Inhalts," vol. iv. of Schrader's Keilinschriftliche Bibli
othek (Berlin, 1896); C. H. W. Johns, Assyrian Deeds and Documents relating to t
he Transfer of Property (3 vols., Cambridge, 1898); H. Radau, Early Babylonian H
istory (New York, 1900); C. H. W. Johns, Babylonian and Assyrian Laws, Contracts
and Letters (Edinburgh, 1904).
For editions of texts and the innumerable articles in scientific journal
s see the bibliographies and references in the above works. "The Code of Hammura

bi," Editio princeps, by V. Scheil in tome iv. of the Textes Elamites-Semitiques

of the Memoires de la delegation en Perse (Paris, 1902); H. Winckler, "Die Gese
tze Hammurabis Konigs von Babylon um 2250 v. Chr." Der alte Orient, iv. Jahrgang
, Heft 4; D. H. Muller, Die Gesetze Hammurabis (Vienna, 1903); J. Kohler and F.
E. Peiser, Hammurabis Gesetz (Leipzig, 1904); R. F. Harper, The Code of Hammurab
i, King, of Babylon about 2250 B.C. (Chicago, 1904); S. A. Cook, The Laws of Mos
es and the Code of Hammurabi (London, 1903). Rev. Claude Hermann Walter Johns,
M.A. Litt.D. Master of St. Catharine's College, Cambridge. Lecturer in Assyriolo
gy, Queens' College, Cambridge, and King's College, London. Author of Assyrian D
eeds and Documents of the 7th Century B.C.; The Oldest Code of Laws; Babylonian
and Assyrian Laws; Contracts and Letters; etc.
HAMMURABI'S CODE OF LAWS
(circa 1780 B.C.)
Translated by L. W. King
When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven a
nd earth, who decreed the fate of the land, assigned to Marduk, the over-ruling
son of Ea, God of righteousness, dominion over earthly man, and made him great a
mong the Igigi, they called Babylon by his illustrious name, made it great on ea
rth, and founded an everlasting kingdom in it, whose foundations are laid so sol
idly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi
, the exalted prince, who feared God, to bring about the rule of righteousness i
n the land, to destroy the wicked and the evil-doers; so that the strong should
not harm the weak; so that I should rule over the black-headed people like Shama
sh, and enlighten the land, to further the well-being of mankind.
Hammurabi, the prince, called of Bel am I, making riches and increase, e
nriching Nippur and Dur-ilu beyond compare, sublime patron of E-kur; who reestab
lished Eridu and purified the worship of E-apsu; who conquered the four quarters
of the world, made great the name of Babylon, rejoiced the heart of Marduk, his
lord who daily pays his devotions in Saggil; the royal scion whom Sin made; who
enriched Ur; the humble, the reverent, who brings wealth to Gish-shir-gal; the
white king, heard of Shamash, the mighty, who again laid the foundations of Sipp
ara; who clothed the gravestones of Malkat with green; who made E-babbar great,
which is like the heavens, the warrior who guarded Larsa and renewed E-babbar, w
ith Shamash as his helper; the lord who granted new life to Uruk, who brought pl
enteous water to its inhabitants, raised the head of E-anna, and perfected the b
eauty of Anu and Nana; shield of the land, who reunited the scattered inhabitant
s of Isin; who richly endowed E-gal-mach; the protecting king of the city, broth
er of the god Zamama; who firmly founded the farms of Kish, crowned E-me-te-ursa
g with glory, redoubled the great holy treasures of Nana, managed the temple of
Harsag-kalama; the grave of the enemy, whose help brought about the victory; who
increased the power of Cuthah; made all glorious in E-shidlam, the black steer,
who gored the enemy; beloved of the god Nebo, who rejoiced the inhabitants of B
orsippa, the Sublime; who is indefatigable for E-zida; the divine king of the ci
ty; the White, Wise; who broadened the fields of Dilbat, who heaped up the harve
sts for Urash; the Mighty, the lord to whom come scepter and crown, with which h
e clothes himself; the Elect of Ma-ma; who fixed the temple bounds of Kesh, who
made rich the holy feasts of Nin-tu; the provident, solicitous, who provided foo
d and drink for Lagash and Girsu, who provided large sacrificial offerings for t
he temple of Ningirsu; who captured the enemy, the Elect of the oracle who fulfi
lled the prediction of Hallab, who rejoiced the heart of Anunit; the pure prince
, whose prayer is accepted by Adad; who satisfied the heart of Adad, the warrior
, in Karkar, who restored the vessels for worship in E-ud-gal-gal; the king who
granted life to the city of Adab; the guide of E-mach; the princely king of the
city, the irresistible warrior, who granted life to the inhabitants of Mashkansh
abri, and brought abundance to the temple of Shidlam; the White, Potent, who pen

etrated the secret cave of the bandits, saved the inhabitants of Malka from misf
ortune, and fixed their home fast in wealth; who established pure sacrificial gi
fts for Ea and Dam-gal-nun-na, who made his kingdom everlastingly great; the pri
ncely king of the city, who subjected the districts on the Ud-kib-nun-na Canal t
o the sway of Dagon, his Creator; who spared the inhabitants of Mera and Tutul;
the sublime prince, who makes the face of Ninni shine; who presents holy meals t
o the divinity of Nin-a-zu, who cared for its inhabitants in their need, provide
d a portion for them in Babylon in peace; the shepherd of the oppressed and of t
he slaves; whose deeds find favor before Anunit, who provided for Anunit in the
temple of Dumash in the suburb of Agade; who recognizes the right, who rules by
law; who gave back to the city of Ashur its protecting god; who let the name of
Ishtar of Nineveh remain in E-mish-mish; the Sublime, who humbles himself before
the great gods; successor of Sumula-il; the mighty son of Sin-muballit; the roy
al scion of Eternity; the mighty monarch, the sun of Babylon, whose rays shed li
ght over the land of Sumer and Akkad; the king, obeyed by the four quarters of t
he world; Beloved of Ninni, am I.
When Marduk sent me to rule over men, to give the protection of right to
the land, I did right and righteousness in . . . , and brought about the well-b
eing of the oppressed.
CODE OF LAWS
1. If any one ensnare another, putting a ban upon him, but he can not pr
ove it, then he that ensnared him shall be put to death.
2. If any one bring an accusation against a man, and the accused go to t
he river and leap into the river, if he sink in the river his accuser shall take
possession of his house. But if the river prove that the accused is not guilty,
and he escape unhurt, then he who had brought the accusation shall be put to de
ath, while he who leaped into the river shall take possession of the house that
had belonged to his accuser.
3. If any one bring an accusation of any crime before the elders, and do
es not prove what he has charged, he shall, if it be a capital offense charged,
be put to death.
4. If he satisfy the elders to impose a fine of grain or money, he shall
receive the fine that the action produces.
5. If a judge try a case, reach a decision, and present his judgment in
writing; if later error shall appear in his decision, and it be through his own
fault, then he shall pay twelve times the fine set by him in the case, and he sh
all be publicly removed from the judge's bench, and never again shall he sit the
re to render judgement.
6. If any one steal the property of a temple or of the court, he shall b
e put to death, and also the one who receives the stolen thing from him shall be
put to death.
7. If any one buy from the son or the slave of another man, without witn
esses or a contract, silver or gold, a male or female slave, an ox or a sheep, a
n ass or anything, or if he take it in charge, he is considered a thief and shal
l be put to death.
8. If any
t belong to a god
hey belonged to a
othing with which

one steal
or to the
freed man
to pay he

cattle or sheep, or an ass, or a pig or a goat, if i

court, the thief shall pay thirtyfold therefor; if t
of the king he shall pay tenfold; if the thief has n
shall be put to death.

9. If any one lose an article, and find it in the possession of another:

if the person in whose possession the thing is found say "A merchant sold it to
me, I paid for it before witnesses," and if the owner of the thing say, "I will
bring witnesses who know my property," then shall the purchaser bring the merch
ant who sold it to him, and the witnesses before whom he bought it, and the owne
r shall bring witnesses who can identify his property. The judge shall examine t
heir testimony--both of the witnesses before whom the price was paid, and of the
witnesses who identify the lost article on oath. The merchant is then proved to
be a thief and shall be put to death. The owner of the lost article receives hi
s property, and he who bought it receives the money he paid from the estate of t
he merchant.
10. If the purchaser does not bring the merchant and the witnesses befor
e whom he bought the article, but its owner bring witnesses who identify it, the
n the buyer is the thief and shall be put to death, and the owner receives the l
ost article.
11. If the owner do not bring witnesses to identify the lost article, he
is an evil-doer, he has traduced, and shall be put to death.
12. If the witnesses be not at hand, then shall the judge set a limit, a
t the expiration of six months. If his witnesses have not appeared within the si
x months, he is an evil-doer, and shall bear the fine of the pending case. [edit
or's note: there is no 13th law in the code, 13 being considered and unlucky and
evil number]
14. If any one steal the minor son of another, he shall be put to death.
15. If any one take a male or female slave of the court, or a male or fe
male slave of a freed man, outside the city gates, he shall be put to death.
16. If any one receive into his house a runaway male or female slave of
the court, or of a freedman, and does not bring it out at the public proclamatio
n of the major domus, the master of the house shall be put to death.
17. If any one find runaway male or female slaves in the open country an
d bring them to their masters, the master of the slaves shall pay him two shekel
s of silver.
18. If the slave will not give the name of the master, the finder shall
bring him to the palace; a further investigation must follow, and the slave shal
l be returned to his master.
19. If he hold the slaves in his house, and they are caught there, he sh
all be put to death.
20. If the slave that he caught run away from him, then shall he swear t
o the owners of the slave, and he is free of all blame.
21. If any one break a hole into a house (break in to steal), he shall b
e put to death before that hole and be buried.
22. If any one is committing a robbery and is caught, then he shall be p
ut to death.
23. If the robber is not caught, then shall he who was robbed claim unde
r oath the amount of his loss; then shall the community, and . . . on whose grou
nd and territory and in whose domain it was compensate him for the goods stolen.
24. If persons are stolen, then shall the community and . . . pay one mi

na of silver to their relatives.

25. If fire break out in a house, and some one who comes to put it out c
ast his eye upon the property of the owner of the house, and take the property o
f the master of the house, he shall be thrown into that self-same fire.
26. If a chieftain or a man (common soldier), who has been ordered to go
upon the king's highway for war does not go, but hires a mercenary, if he withh
olds the compensation, then shall this officer or man be put to death, and he wh
o represented him shall take possession of his house.
27. If a chieftain or man
red in battle), and if his fields
session, if he return and reaches
ned to him, he shall take it over

be caught in the misfortune of the king (captu

and garden be given to another and he take pos
his place, his field and garden shall be retur
again.

28. If a chieftain or a man be caught in the misfortune of a king, if hi

s son is able to enter into possession, then the field and garden shall be given
to him, he shall take over the fee of his father.
29. If his son is still young, and can not take possession, a third of t
he field and garden shall be given to his mother, and she shall bring him up.
30. If a chieftain or a man leave his house, garden, and field and hires
it out, and some one else takes possession of his house, garden, and field and
uses it for three years: if the first owner return and claims his house, garden,
and field, it shall not be given to him, but he who has taken possession of it
and used it shall continue to use it.
31. If he hire it out for one year and then return, the house, garden, a
nd field shall be given back to him, and he shall take it over again.
32. If a chieftain or a man is captured on the "Way of the King" (in war
), and a merchant buy him free, and bring him back to his place; if he have the
means in his house to buy his freedom, he shall buy himself free: if he have not
hing in his house with which to buy himself free, he shall be bought free by the
temple of his community; if there be nothing in the temple with which to buy hi
m free, the court shall buy his freedom. His field, garden, and house shall not
be given for the purchase of his freedom.
33. If a . . . or a . . . enter himself as withdrawn from the "Way of th
e King," and send a mercenary as substitute, but withdraw him, then the . . . or
. . . shall be put to death.
34. If a . . . or a . . . harm the property of a captain, injure the cap
tain, or take away from the captain a gift presented to him by the king, then th
e . . . or . . . shall be put to death.
35. If any one buy the cattle or sheep which the king has given to chief
tains from him, he loses his money.
36. The field, garden, and house of a chieftain, of a man, or of one sub
ject to quit-rent, can not be sold.
37. If any one buy the field, garden, and house of a chieftain, man, or
one subject to quit-rent, his contract tablet of sale shall be broken (declared
invalid) and he loses his money. The field, garden, and house return to their ow
ners.
38. A chieftain, man, or one subject to quit-rent can not assign his ten

ure of field, house, and garden to his wife or daughter, nor can he assign it fo
r a debt.
39. He may, however, assign a field, garden, or house which he has bough
t, and holds as property, to his wife or daughter or give it for debt.
40. He may sell field, garden, and house to a merchant (royal agents) or
to any other public official, the buyer holding field, house, and garden for it
s usufruct.
41. If any one fence in the field, garden, and house of a chieftain, man
, or one subject to quit-rent, furnishing the palings therefor; if the chieftain
, man, or one subject to quit-rent return to field, garden, and house, the palin
gs which were given to him become his property.
42. If any one take over a field to till it, and obtain no harvest there
from, it must be proved that he did no work on the field, and he must deliver gr
ain, just as his neighbor raised, to the owner of the field.
43. If he do not till the field, but let it lie fallow, he shall give gr
ain like his neighbor's to the owner of the field, and the field which he let li
e fallow he must plow and sow and return to its owner.
44. If any one take over a waste-lying field to make it arable, but is l
azy, and does not make it arable, he shall plow the fallow field in the fourth y
ear, harrow it and till it, and give it back to its owner, and for each ten gan
(a measure of area) ten gur of grain shall be paid.
45. If a man rent his field for tillage for a fixed rental, and receive
the rent of his field, but bad weather come and destroy the harvest, the injury
falls upon the tiller of the soil.
46. If he do not receive a fixed rental for his field, but lets it on ha
lf or third shares of the harvest, the grain on the field shall be divided propo
rtionately between the tiller and the owner.
47. If the tiller, because he did not succeed in the first year, has had
the soil tilled by others, the owner may raise no objection; the field has been
cultivated and he receives the harvest according to agreement.
48. If any one owe a debt for a loan, and a storm prostrates the grain,
or the harvest fail, or the grain does not grow for lack of water; in that year
he need not give his creditor any grain, he washes his debt-tablet in water and
pays no rent for this year.
49. If any one take money from a merchant, and give the merchant a field
tillable for corn or sesame and order him to plant corn or sesame in the field,
and to harvest the crop; if the cultivator plant corn or sesame in the field, a
t the harvest the corn or sesame that is in the field shall belong to the owner
of the field and he shall pay corn as rent, for the money he received from the m
erchant, and the livelihood of the cultivator shall he give to the merchant.
50. If he give a cultivated corn-field or a cultivated sesame-field, the
corn or sesame in the field shall belong to the owner of the field, and he shal
l return the money to the merchant as rent.
51. If he have no money to repay, then he shall pay in corn or sesame in
place of the money as rent for what he received from the merchant, according to
the royal tariff.

52. If the cultivator do not plant corn or sesame in the field, the debt
or's contract is not weakened.
53. If any one be too lazy to keep his dam in proper condition, and does
not so keep it; if then the dam break and all the fields be flooded, then shall
he in whose dam the break occurred be sold for money, and the money shall repla
ce the corn which he has caused to be ruined.
54. If he be not able to replace the corn, then he and his possessions s
hall be divided among the farmers whose corn he has flooded.
55. If any one open his ditches to water his crop, but is careless, and
the water flood the field of his neighbor, then he shall pay his neighbor corn f
or his loss.
56. If a man let in the water, and the water overflow the plantation of
his neighbor, he shall pay ten gur of corn for every ten gan of land.
57. If a shepherd, without the permission of the owner of the field, and
without the knowledge of the owner of the sheep, lets the sheep into a field to
graze, then the owner of the field shall harvest his crop, and the shepherd, wh
o had pastured his flock there without permission of the owner of the field, sha
ll pay to the owner twenty gur of corn for every ten gan.
58. If after the flocks have left the pasture and been shut up in the co
mmon fold at the city gate, any shepherd let them into a field and they graze th
ere, this shepherd shall take possession of the field which he has allowed to be
grazed on, and at the harvest he must pay sixty gur of corn for every ten gan.
59. If any man, without the knowledge of the owner of a garden, fell a t
ree in a garden he shall pay half a mina in money.
60. If any one give over a field to a gardener, for him to plant it as a
garden, if he work at it, and care for it for four years, in the fifth year the
owner and the gardener shall divide it, the owner taking his part in charge.
61. If the gardener has not completed the planting of the field, leaving
one part unused, this shall be assigned to him as his.
62. If he do not plant the field that was given over to him as a garden,
if it be arable land (for corn or sesame) the gardener shall pay the owner the
produce of the field for the years that he let it lie fallow, according to the p
roduct of neighboring fields, put the field in arable condition and return it to
its owner.
63. If he transform waste land into arable fields and return it to its o
wner, the latter shall pay him for one year ten gur for ten gan.
64. If any one hand over his garden to a gardener to work, the gardener
shall pay to its owner two-thirds of the produce of the garden, for so long as h
e has it in possession, and the other third shall he keep.
65. If the gardener do not work in the garden and the product fall off,
the gardener shall pay in proportion to other neighboring gardens. [Here a por
tion of the text is missing, apparently comprising thirty-four paragraphs.]
100. . . . interest for the money, as much as he has received, he shall
give a note therefor, and on the day, when they settle, pay to the merchant.
101. If there are no mercantile arrangements in the place whither he wen

t, he shall leave the entire amount of money which he received with the broker t
o give to the merchant.
102. If a merchant entrust money to an agent (broker) for some investmen
t, and the broker suffer a loss in the place to which he goes, he shall make goo
d the capital to the merchant.
103. If, while on the journey, an enemy take away from him anything that
he had, the broker shall swear by God and be free of obligation.
104. If a merchant give an agent corn, wool, oil, or any other goods to
transport, the agent shall give a receipt for the amount, and compensate the mer
chant therefor. Then he shall obtain a receipt form the merchant for the money t
hat he gives the merchant.
105. If the agent is careless, and does not take a receipt for the money
which he gave the merchant, he can not consider the unreceipted money as his ow
n.
106. If the agent accept money from the merchant, but have a quarrel wit
h the merchant (denying the receipt), then shall the merchant swear before God a
nd witnesses that he has given this money to the agent, and the agent shall pay
him three times the sum.
107. If the merchant cheat the agent, in that as the latter has returned
to him all that had been given him, but the merchant denies the receipt of what
had been returned to him, then shall this agent convict the merchant before God
and the judges, and if he still deny receiving what the agent had given him sha
ll pay six times the sum to the agent.
108. If a tavern-keeper (feminine) does not accept corn according to gro
ss weight in payment of drink, but takes money, and the price of the drink is le
ss than that of the corn, she shall be convicted and thrown into the water.
109. If conspirators meet in the house of a tavern-keeper, and these con
spirators are not captured and delivered to the court, the tavern-keeper shall b
e put to death.
110. If a "sister of a god" open a tavern, or enter a tavern to drink, t
hen shall this woman be burned to death.
111. If an inn-keeper furnish sixty ka of usakani-drink to . . . she sha
ll receive fifty ka of corn at the harvest.
112. If any one be on a journey and entrust silver, gold, precious stone
s, or any movable property to another, and wish to recover it from him; if the l
atter do not bring all of the property to the appointed place, but appropriate i
t to his own use, then shall this man, who did not bring the property to hand it
over, be convicted, and he shall pay fivefold for all that had been entrusted t
o him.
113. If any one have consignment of corn or money, and he take from the
granary or box without the knowledge of the owner, then shall he who took corn w
ithout the knowledge of the owner out of the granary or money out of the box be
legally convicted, and repay the corn he has taken. And he shall lose whatever c
ommission was paid to him, or due him.
114. If a man have no claim on another for corn and money, and try to de
mand it by force, he shall pay one-third of a mina of silver in every case.

115. If any one have a claim for corn or money upon another and imprison
him; if the prisoner die in prison a natural death, the case shall go no furthe
r.
116. If the prisoner die in prison from blows or maltreatment, the maste
r of the prisoner shall convict the merchant before the judge. If he was a freeborn man, the son of the merchant shall be put to death; if it was a slave, he s
hall pay one-third of a mina of gold, and all that the master of the prisoner ga
ve he shall forfeit.
117. If any one fail to meet a claim for debt, and sell himself, his wif
e, his son, and daughter for money or give them away to forced labor: they shall
work for three years in the house of the man who bought them, or the proprietor
, and in the fourth year they shall be set free.
118. If he give a male or female slave away for forced labor, and the me
rchant sublease them, or sell them for money, no objection can be raised.
119. If any one fail to meet a claim for debt, and he sell the maid serv
ant who has borne him children, for money, the money which the merchant has paid
shall be repaid to him by the owner of the slave and she shall be freed.
120. If any one store corn for safe keeping in another person's house, a
nd any harm happen to the corn in storage, or if the owner of the house open the
granary and take some of the corn, or if especially he deny that the corn was s
tored in his house: then the owner of the corn shall claim his corn before God (
on oath), and the owner of the house shall pay its owner for all of the corn tha
t he took.
121. If any one store corn in another man's house he shall pay him stora
ge at the rate of one gur for every five ka of corn per year.
122. If any one give another silver, gold, or anything else to keep, he
shall show everything to some witness, draw up a contract, and then hand it over
for safe keeping.
123. If he turn it over for safe keeping without witness or contract, an
d if he to whom it was given deny it, then he has no legitimate claim.
124. If any one deliver silver, gold, or anything else to another for sa
fe keeping, before a witness, but he deny it, he shall be brought before a judge
, and all that he has denied he shall pay in full.
125. If any one place his property with another for safe keeping, and th
ere, either through thieves or robbers, his property and the property of the oth
er man be lost, the owner of the house, through whose neglect the loss took plac
e, shall compensate the owner for all that was given to him in charge. But the o
wner of the house shall try to follow up and recover his property, and take it a
way from the thief.
126. If any one who has not lost his goods state that they have been los
t, and make false claims: if he claim his goods and amount of injury before God,
even though he has not lost them, he shall be fully compensated for all his los
s claimed. (I.e., the oath is all that is needed.)
127. If any one "point the finger" (slander) at a sister of a god or the
wife of any one, and can not prove it, this man shall be taken before the judge
s and his brow shall be marked. (by cutting the skin, or perhaps hair.)
128. If a man take a woman to wife, but have no intercourse with her, th

is woman is no wife to him.

129. If a man's wife be surprised (in flagrante delicto) with another ma
n, both shall be tied and thrown into the water, but the husband may pardon his
wife and the king his slaves.
130. If a man violate the wife (betrothed or child-wife) of another man,
who has never known a man, and still lives in her father's house, and sleep wit
h her and be surprised, this man shall be put to death, but the wife is blameles
s.
131. If a man bring a charge against one's wife, but she is not surprise
d with another man, she must take an oath and then may return to her house.
132. If the "finger is pointed" at a man's wife about another man, but s
he is not caught sleeping with the other man, she shall jump into the river for
her husband.
133. If a man is taken prisoner in war, and there is a sustenance in his
house, but his wife leave house and court, and go to another house: because th
is wife did not keep her court, and went to another house, she shall be judicial
ly condemned and thrown into the water.
134. If any one be captured in war and there is not sustenance in his ho
use, if then his wife go to another house this woman shall be held blameless.
135. If a man be taken prisoner in war and there be no sustenance in his
house and his wife go to another house and bear children; and if later her husb
and return and come to his home: then this wife shall return to her husband, but
the children follow their father.
136. If any one leave his house, run away, and then his wife go to anoth
er house, if then he return, and wishes to take his wife back: because he fled f
rom his home and ran away, the wife of this runaway shall not return to her husb
and.
137. If a man wish to separate from a woman who has borne him children,
or from his wife who has borne him children: then he shall give that wife her do
wry, and a part of the usufruct of field, garden, and property, so that she can
rear her children. When she has brought up her children, a portion of all that i
s given to the children, equal as that of one son, shall be given to her. She ma
y then marry the man of her heart.
138. If a man wishes to separate from his wife who has borne him no chil
dren, he shall give her the amount of her purchase money and the dowry which she
brought from her father's house, and let her go.
139. If there was no purchase price he shall give her one mina of gold a
s a gift of release.
140. If he be a freed man he shall give her one-third of a mina of gold.
141. If a man's wife, who lives in his house, wishes to leave it, plunge
s into debt, tries to ruin her house, neglects her husband, and is judicially co
nvicted: if her husband offer her release, she may go on her way, and he gives h
er nothing as a gift of release. If her husband does not wish to release her, an
d if he take another wife, she shall remain as servant in her husband's house.
142. If a woman quarrel with her husband, and say: "You are not congenia
l to me," the reasons for her prejudice must be presented. If she is guiltless,

and there is no fault on her part, but he leaves and neglects her, then no guilt
attaches to this woman, she shall take her dowry and go back to her father's ho
use.
143. If she is not innocent, but leaves her husband, and ruins her house
, neglecting her husband, this woman shall be cast into the water.
144. If a man take a wife and this woman give her husband a maid-servant
, and she bear him children, but this man wishes to take another wife, this shal
l not be permitted to him; he shall not take a second wife.
145. If a man take a wife, and she bear him no children, and he intend t
o take another wife: if he take this second wife, and bring her into the house,
this second wife shall not be allowed equality with his wife.
146. If a man take a wife and she give this man a maid-servant as wife a
nd she bear him children, and then this maid assume equality with the wife: beca
use she has borne him children her master shall not sell her for money, but he m
ay keep her as a slave, reckoning her among the maid-servants.
147. If she have not borne him children, then her mistress may sell her
for money.
148. If a man take a wife, and she be seized by disease, if he then desi
re to take a second wife he shall not put away his wife, who has been attacked b
y disease, but he shall keep her in the house which he has built and support her
so long as she lives.
149. If this woman does not wish to remain in her husband's house, then
he shall compensate her for the dowry that she brought with her from her father'
s house, and she may go.
150. If a man give his wife a field, garden, and house and a deed theref
or, if then after the death of her husband the sons raise no claim, then the mot
her may bequeath all to one of her sons whom she prefers, and need leave nothing
to his brothers.
151. If a woman who lived in a man's house made an agreement with her hu
sband, that no creditor can arrest her, and has given a document therefor: if th
at man, before he married that woman, had a debt, the creditor can not hold the
woman for it. But if the woman, before she entered the man's house, had contract
ed a debt, her creditor can not arrest her husband therefor.
152. If after the woman had entered the man's house, both contracted a d
ebt, both must pay the merchant.
153. If the wife of one man on account of another man has their mates (h
er husband and the other man's wife) murdered, both of them shall be impaled.
154. If a man be guilty of incest with his daughter, he shall be driven
from the place (exiled).
155. If a man betroth a girl to his son, and his son have intercourse wi
th her, but he (the father) afterward defile her, and be surprised, then he shal
l be bound and cast into the water (drowned).
156. If a man betroth a girl to his son, but his son has not known her,
and if then he defile her, he shall pay her half a gold mina, and compensate her
for all that she brought out of her father's house. She may marry the man of he
r heart.

157. If any one be guilty of incest with his mother after his father, bo
th shall be burned.
158. If any one be surprised after his father with his chief wife, who h
as borne children, he shall be driven out of his father's house.
159. If any one, who has brought chattels into his father-in-law's house
, and has paid the purchase-money, looks for another wife, and says to his fathe
r-in-law: "I do not want your daughter," the girl's father may keep all that he
had brought.
160. If a man bring chattels into the house of his father-in-law, and pa
y the "purchase price" (for his wife): if then the father of the girl say: "I wi
ll not give you my daughter," he shall give him back all that he brought with hi
m.
161. If a man bring chattels into his father-in-law's house and pay
"purchase price," if then his friend slander him, and his father-in-law say
he young husband: "You shall not marry my daughter," the he shall give back
im undiminished all that he had brought with him; but his wife shall not be
ied to the friend.

the
to t
to h
marr

162. If a man marry a woman, and she bear sons to him; if then this woma
n die, then shall her father have no claim on her dowry; this belongs to her son
s.
163. If a man marry a woman and she bear him no sons; if then this woman
die, if the "purchase price" which he had paid into the house of his father-inlaw is repaid to him, her husband shall have no claim upon the dowry of this wom
an; it belongs to her father's house.
164. If his father-in-law do not pay back to him the amount of the "purc
hase price" he may subtract the amount of the "Purchase price" from the dowry, a
nd then pay the remainder to her father's house.
165. If a man give to one
nd house, and a deed therefor: if
the estate, then they shall first
ll accept it; and the rest of the

of his sons whom he prefers a field, garden, a

later the father die, and the brothers divide
give him the present of his father, and he sha
paternal property shall they divide.

166. If a man take wives for his son, but take no wife for his minor son
, and if then he die: if the sons divide the estate, they shall set aside beside
s his portion the money for the "purchase price" for the minor brother who had t
aken no wife as yet, and secure a wife for him.
167. If a man marry a wife and she bear him children: if this wife die a
nd he then take another wife and she bear him children: if then the father die,
the sons must not partition the estate according to the mothers, they shall divi
de the dowries of their mothers only in this way; the paternal estate they shall
divide equally with one another.
168. If a man wish to put his son out of his house, and declare before t
he judge: "I want to put my son out," then the judge shall examine into his reas
ons. If the son be guilty of no great fault, for which he can be rightfully put
out, the father shall not put him out.
169. If he be guilty of a grave fault, which should rightfully deprive h
im of the filial relationship, the father shall forgive him the first time; but
if he be guilty of a grave fault a second time the father may deprive his son of

all filial relation.

170. If his wife bear sons to a man, or his maid-servant have borne sons
, and the father while still living says to the children whom his maid-servant h
as borne: "My sons," and he count them with the sons of his wife; if then the fa
ther die, then the sons of the wife and of the maid-servant shall divide the pat
ernal property in common. The son of the wife is to partition and choose.
171. If, however, the father while still living did not say to the sons
of the maid-servant: "My sons," and then the father dies, then the sons of the m
aid-servant shall not share with the sons of the wife, but the freedom of the ma
id and her sons shall be granted. The sons of the wife shall have no right to en
slave the sons of the maid; the wife shall take her dowry (from her father), and
the gift that her husband gave her and deeded to her (separate from dowry, or t
he purchase-money paid her father), and live in the home of her husband: so long
as she lives she shall use it, it shall not be sold for money. Whatever she lea
ves shall belong to her children.
172. If her husband made her no gift, she shall be compensated for her g
ift, and she shall receive a portion from the estate of her husband, equal to th
at of one child. If her sons oppress her, to force her out of the house, the jud
ge shall examine into the matter, and if the sons are at fault the woman shall n
ot leave her husband's house. If the woman desire to leave the house, she must l
eave to her sons the gift which her husband gave her, but she may take the dowry
of her father's house. Then she may marry the man of her heart.
173. If this woman bear sons to her second husband, in the place to whic
h she went, and then die, her earlier and later sons shall divide the dowry betw
een them.
174. If she bear no sons to her second husband, the sons of her first hu
sband shall have the dowry.
175. If a State slave or the slave of a freed man marry the daughter of
a free man, and children are born, the master of the slave shall have no right t
o enslave the children of the free.
176. If, however, a State slave or the slave of a freed man marry a man'
s daughter, and after he marries her she bring a dowry from a father's house, if
then they both enjoy it and found a household, and accumulate means, if then th
e slave die, then she who was free born may take her dowry, and all that her hus
band and she had earned; she shall divide them into two parts, one-half the mast
er for the slave shall take, and the other half shall the free-born woman take f
or her children. If the free-born woman had no gift she shall take all that her
husband and she had earned and divide it into two parts; and the master of the s
lave shall take one-half and she shall take the other for her children.
177. If a widow, whose children are not grown, wishes to enter another h
ouse (remarry), she shall not enter it without the knowledge of the judge. If sh
e enter another house the judge shall examine the state of the house of her firs
t husband. Then the house of her first husband shall be entrusted to the second
husband and the woman herself as managers. And a record must be made thereof. Sh
e shall keep the house in order, bring up the children, and not sell the house-h
old utensils. He who buys the utensils of the children of a widow shall lose his
money, and the goods shall return to their owners.
178. If a "devoted woman" or a prostitute to whom her father has given a
dowry and a deed therefor, but if in this deed it is not stated that she may be
queath it as she pleases, and has not explicitly stated that she has the right o
f disposal; if then her father die, then her brothers shall hold her field and g

arden, and give her corn, oil, and milk according to her portion, and satisfy he
r. If her brothers do not give her corn, oil, and milk according to her share, t
hen her field and garden shall support her. She shall have the usufruct of field
and garden and all that her father gave her so long as she lives, but she can n
ot sell or assign it to others. Her position of inheritance belongs to her broth
ers.
179. If a "sister of a god," or a prostitute, receive a gift from her fa
ther, and a deed in which it has been explicitly stated that she may dispose of
it as she pleases, and give her complete disposition thereof: if then her father
die, then she may leave her property to whomsoever she pleases. Her brothers ca
n raise no claim thereto.
180. If a father give a present to his daughter--either marriageable or
a prostitute (unmarriageable)--and then die, then she is to receive a portion as
a child from the paternal estate, and enjoy its usufruct so long as she lives.
Her estate belongs to her brothers.
181. If a father devote a temple-maid or temple-virgin to God and give h
er no present: if then the father die, she shall receive the third of a child's
portion from the inheritance of her father's house, and enjoy its usufruct so lo
ng as she lives. Her estate belongs to her brothers.
182. If a father devote his daughter as a wife of Mardi of Babylon (as i
n 181), and give her no present, nor a deed; if then her father die, then shall
she receive one-third of her portion as a child of her father's house from her b
rothers, but Marduk may leave her estate to whomsoever she wishes.
183. If a man give his daughter by a concubine a dowry, and a husband, a
nd a deed; if then her father die, she shall receive no portion from the paterna
l estate.
184. If a man do not give a dowry to his daughter by a concubine, and no
husband; if then her father die, her brother shall give her a dowry according t
o her father's wealth and secure a husband for her.
185. If a man adopt a child and to his name as son, and rear him, this g
rown son can not be demanded back again.
186. If a man adopt a son, and if after he has taken him he injure his f
oster father and mother, then this adopted son shall return to his father's hous
e.
187. The son of a paramour in the palace service, or of a prostitute, ca
n not be demanded back.
188. If an artizan has undertaken to rear a child and teaches him his cr
aft, he can not be demanded back.
189. If he has not taught him his craft, this adopted son may return to
his father's house.
190. If a man does not maintain a child that he has adopted as a son and
reared with his other children, then his adopted son may return to his father's
house.
191. If a man, who had adopted a son and reared him, founded a household
, and had children, wish to put this adopted son out, then this son shall not si
mply go his way. His adoptive father shall give him of his wealth one-third of a
child's portion, and then he may go. He shall not give him of the field, garden

, and house.
192. If a son of a paramour or a prostitute say to his adoptive father o
r mother: "You are not my father, or my mother," his tongue shall be cut off.
193. If the son of a paramour or a prostitute desire his father's house,
and desert his adoptive father and adoptive mother, and goes to his father's ho
use, then shall his eye be put out.
194. If a man give his child to a nurse and the child die in her hands,
but the nurse unbeknown to the father and mother nurse another child, then they
shall convict her of having nursed another child without the knowledge of the fa
ther and mother and her breasts shall be cut off.
195. If a son strike his father, his hands shall be hewn off.
196. If a man put out the eye of another man, his eye shall be put out.
[ An eye for an eye ]
197. If he break another man's bone, his bone shall be broken.
198. If he put out the eye of a freed man, or break the bone of a freed
man, he shall pay one gold mina.
199. If he put out the eye of a man's slave, or break the bone of a man'
s slave, he shall pay one-half of its value.
200. If a man knock out the teeth of his equal, his teeth shall be knock
ed out. [ A tooth for a tooth ]
201. If he knock out the teeth of a freed man, he shall pay one-third of
a gold mina.
202. If any one strike the body of a man higher in rank than he, he shal
l receive sixty blows with an ox-whip in public.
203. If a free-born man strike the body of another free-born man or equa
l rank, he shall pay one gold mina.
204. If a freed man strike the body of another freed man, he shall pay t
en shekels in money.
205. If the slave of a freed man strike the body of a freed man, his ear
shall be cut off.
206. If during a quarrel one man strike another and wound him, then he s
hall swear, "I did not injure him wittingly," and pay the physicians.
207. If the man die of his wound, he shall swear similarly, and if he (t
he deceased) was a free-born man, he shall pay half a mina in money.
208. If he was a freed man, he shall pay one-third of a mina.
209. If a man strike a free-born woman so that she lose her unborn child
, he shall pay ten shekels for her loss.
210. If the woman die, his daughter shall be put to death.
211. If a woman of the free class lose her child by a blow, he shall pay
five shekels in money.

212. If this woman die, he shall pay half a mina.

213. If he strike the maid-servant of a man, and she lose her child, he
shall pay two shekels in money.
214. If this maid-servant die, he shall pay one-third of a mina.
215. If a physician make a large incision with an operating knife and cu
re it, or if he open a tumor (over the eye) with an operating knife, and saves t
he eye, he shall receive ten shekels in money.
216. If the patient be a freed man, he receives five shekels.
217. If he be the slave of some one, his owner shall give the physician
two shekels.
218. If a physician make a large incision with the operating knife, and
kill him, or open a tumor with the operating knife, and cut out the eye, his han
ds shall be cut off.
219. If a physician make a large incision in the slave of a freed man, a
nd kill him, he shall replace the slave with another slave.
220. If he had opened a tumor with the operating knife, and put out his
eye, he shall pay half his value.
221. If a physician heal the broken bone or diseased soft part of a man,
the patient shall pay the physician five shekels in money.
222. If he were a freed man he shall pay three shekels.
223. If he were a slave his owner shall pay the physician two shekels.
224. If a veterinary surgeon perform a serious operation on an ass or an
ox, and cure it, the owner shall pay the surgeon one-sixth of a shekel as a fee
.
225. If he perform a serious operation on an ass or ox, and kill it, he
shall pay the owner one-fourth of its value.
226. If a barber, without the knowledge of his master, cut the sign of a
slave on a slave not to be sold, the hands of this barber shall be cut off.
227. If any one deceive a barber, and have him mark a slave not for sale
with the sign of a slave, he shall be put to death, and buried in his house. Th
e barber shall swear: "I did not mark him wittingly," and shall be guiltless.
228. If a builder build a house for some one and complete it, he shall g
ive him a fee of two shekels in money for each sar of surface.
229 If a builder build a house for some one, and does not construct it
properly, and the house which he built fall in and kill its owner, then that bui
lder shall be put to death.
230. If it kill the son of the owner the son of that builder shall be pu
t to death.
231. If it kill a slave of the owner, then he shall pay slave for slave
to the owner of the house.

232. If it ruin goods, he shall make compensation for all that has been
ruined, and inasmuch as he did not construct properly this house which he built
and it fell, he shall re-erect the house from his own means.
233. If a builder build a house for some one, even though he has not yet
completed it; if then the walls seem toppling, the builder must make the walls
solid from his own means.
234. If a shipbuilder build a boat of sixty gur for a man, he shall pay
him a fee of two shekels in money.
235. If a shipbuilder build a boat for some one, and do not make it tigh
t, if during that same year that boat is sent away and suffers injury, the shipb
uilder shall take the boat apart and put it together tight at his own expense. T
he tight boat he shall give to the boat owner.
236. If a man rent his boat to a sailor, and the sailor is careless, and
the boat is wrecked or goes aground, the sailor shall give the owner of the boa
t another boat as compensation.
237. If a man hire a sailor and his boat, and provide it with corn, clot
hing, oil and dates, and other things of the kind needed for fitting it: if the
sailor is careless, the boat is wrecked, and its contents ruined, then the sailo
r shall compensate for the boat which was wrecked and all in it that he ruined.
238. If a sailor wreck any one's ship, but saves it, he shall pay the ha
lf of its value in money.
239. If a man hire a sailor, he shall pay him six gur of corn per year.
240. If a merchantman run against a ferryboat, and wreck it, the master
of the ship that was wrecked shall seek justice before God; the master of the me
rchantman, which wrecked the ferryboat, must compensate the owner for the boat a
nd all that he ruined.
241. If any one impresses an ox for forced labor, he shall pay one-third
of a mina in money.
242. If any one hire oxen for a year, he shall pay four gur of corn for
plow-oxen.
243. As rent of herd cattle he shall pay three gur of corn to the owner.
244. If any one hire an ox or an ass, and a lion kill it in the field, t
he loss is upon its owner.
245. If any one hire oxen, and kill them by bad treatment or blows, he s
hall compensate the owner, oxen for oxen.
246. If a man hire an ox, and he break its leg or cut the ligament of it
s neck, he shall compensate the owner with ox for ox.
247. If any one hire an ox, and put out its eye, he shall pay the owner
one-half of its value.
248. If any one hire an ox, and break off a horn, or cut off its tail, o
r hurt its muzzle, he shall pay one-fourth of its value in money.
249. If any one hire an ox, and God strike it that it die, the man who h

ired it shall swear by God and be considered guiltless.

250. If while an ox is passing on the street (market) some one push it,
and kill it, the owner can set up no claim in the suit (against the hirer).
251. If an ox be a goring ox, and it shown that he is a gorer, and he do
not bind his horns, or fasten the ox up, and the ox gore a free-born man and ki
ll him, the owner shall pay one-half a mina in money.
252. If he kill a man's slave, he shall pay one-third of a mina.
253. If any one agree with another to tend his field, give him seed, ent
rust a yoke of oxen to him, and bind him to cultivate the field, if he steal the
corn or plants, and take them for himself, his hands shall be hewn off.
254. If he take the seed-corn for himself, and do not use the yoke of ox
en, he shall compensate him for the amount of the seed-corn.
255. If he sublet the man's yoke of oxen or steal the seed-corn, plantin
g nothing in the field, he shall be convicted, and for each one hundred gan he s
hall pay sixty gur of corn.
256. If his community will not pay for him, then he shall be placed in t
hat field with the cattle (at work).
257. If any one hire a field laborer, he shall pay him eight gur of corn
per year.
258. If any one hire an ox-driver, he shall pay him six gur of corn per
year.
259. If any one steal a water-wheel from the field, he shall pay five sh
ekels in money to its owner.
260. If any one steal a shadduf (used to draw water from the river or ca
nal) or a plow, he shall pay three shekels in money.
261. If any one hire a herdsman for cattle or sheep, he shall pay him ei
ght gur of corn per annum.
262. If any one, a cow or a sheep . . .
263. If he kill the cattle or sheep that were given to him, he shall com
pensate the owner with cattle for cattle and sheep for sheep.
264. If a herdsman, to whom cattle or sheep have been entrusted for watc
hing over, and who has received his wages as agreed upon, and is satisfied, dimi
nish the number of the cattle or sheep, or make the increase by birth less, he s
hall make good the increase or profit which was lost in the terms of settlement.
265. If a herdsman, to whose care cattle or sheep have been entrusted, b
e guilty of fraud and make false returns of the natural increase, or sell them f
or money, then shall he be convicted and pay the owner ten times the loss.
266. If the animal be killed in the stable by God ( an accident), or if
a lion kill it, the herdsman shall declare his innocence before God, and the own
er bears the accident in the stable.
267. If the herdsman overlook something, and an accident happen in the s
table, then the herdsman is at fault for the accident which he has caused in the

stable, and he must compensate the owner for the cattle or sheep.
268. If any one hire an ox for threshing, the amount of the hire is twen
ty ka of corn.
269. If he hire an ass for threshing, the hire is twenty ka of corn.
270. If he hire a young animal for threshing, the hire is ten ka of corn
.
271. If any one hire oxen, cart and driver, he shall pay one hundred and
eighty ka of corn per day.
272. If any one hire a cart alone, he shall pay forty ka of corn per day
.
273. If any one hire a day laborer, he shall pay him from the New Year u
ntil the fifth month (April to August, when days are long and the work hard) six
gerahs in money per day; from the sixth month to the end of the year he shall g
ive him five gerahs per day.
274. If any one hire a skilled artizan, he shall pay as wages of the . .
. five gerahs, as wages of the potter five gerahs, of a tailor five gerahs, of
. . . gerahs, . . . of a ropemaker four gerahs, of . . .. gerahs, of a mason . .
. gerahs per day.
275. If any one hire a ferryboat, he shall pay three gerahs in money per
day.
276. If he hire a freight-boat, he shall pay two and one-half gerahs per
day.
277. If any one hire a ship of sixty gur, he shall pay one-sixth of a sh
ekel in money as its hire per day.
278. If any one buy a male or female slave, and before a month has elaps
ed the benu-disease be developed, he shall return the slave to the seller, and r
eceive the money which he had paid.
279. If any one by a male or female slave, and a third party claim it, t
he seller is liable for the claim.
280. If while in a foreign country a man buy a male or female slave belo
nging to another of his own country; if when he return home the owner of the mal
e or female slave recognize it: if the male or female slave be a native of the c
ountry, he shall give them back without any money.
281. If they are from another country, the buyer shall declare the amoun
t of money paid therefor to the merchant, and keep the male or female slave.
282. If a slave say to his master: "You are not my master," if they conv
ict him his master shall cut off his ear.
THE EPILOGUE
LAWS of justice which Hammurabi, the wise king, established. A righteous
law, and pious statute did he teach the land. Hammurabi, the protecting king am
I. I have not withdrawn myself from the men, whom Bel gave to me, the rule over
whom Marduk gave to me, I was not negligent, but I made them a peaceful abiding
-place. I expounded all great difficulties, I made the light shine upon them. Wi

th the mighty weapons which Zamama and Ishtar entrusted to me, with the keen vis
ion with which Ea endowed me, with the wisdom that Marduk gave me, I have uproot
ed the enemy above and below (in north and south), subdued the earth, brought pr
osperity to the land, guaranteed security to the inhabitants in their homes; a d
isturber was not permitted. The great gods have called me, I am the salvation-be
aring shepherd, whose staff is straight, the good shadow that is spread over my
city; on my breast I cherish the inhabitants of the land of Sumer and Akkad; in
my shelter I have let them repose in peace; in my deep wisdom have I enclosed th
em. That the strong might not injure the weak, in order to protect the widows an
d orphans, I have in Babylon the city where Anu and Bel raise high their head, i
n E-Sagil, the Temple, whose foundations stand firm as heaven and earth, in orde
r to bespeak justice in the land, to settle all disputes, and heal all injuries,
set up these my precious words, written upon my memorial stone, before the imag
e of me, as king of righteousness.
The king who ruleth among the kings of the cities am I. My words are wel
l considered; there is no wisdom like unto mine. By the command of Shamash, the
great judge of heaven and earth, let righteousness go forth in the land: by the
order of Marduk, my lord, let no destruction befall my monument. In E-Sagil, whi
ch I love, let my name be ever repeated; let the oppressed, who has a case at la
w, come and stand before this my image as king of righteousness; let him read th
e inscription, and understand my precious words: the inscription will explain hi
s case to him; he will find out what is just, and his heart will be glad, so tha
t he will say:
"Hammurabi is a ruler, who is as a father to his subjects, who holds the
words of Marduk in reverence, who has achieved conquest for Marduk over the nor
th and south, who rejoices the heart of Marduk, his lord, who has bestowed benef
its for ever and ever on his subjects, and has established order in the land."
When he reads the record, let him pray with full heart to Marduk, my lor
d, and Zarpanit, my lady; and then shall the protecting deities and the gods, wh
o frequent E-Sagil, graciously grant the desires daily presented before Marduk,
my lord, and Zarpanit, my lady.
In future time, through all coming generations, let the king, who may be
in the land, observe the words of righteousness which I have written on my monu
ment; let him not alter the law of the land which I have given, the edicts which
I have enacted; my monument let him not mar. If such a ruler have wisdom, and b
e able to keep his land in order, he shall observe the words which I have writte
n in this inscription; the rule, statute, and law of the land which I have given
; the decisions which I have made will this inscription show him; let him rule h
is subjects accordingly, speak justice to them, give right decisions, root out t
he miscreants and criminals from this land, and grant prosperity to his subjects
.
Hammurabi, the king of righteousness, on whom Shamash has conferred righ
t (or law) am I. My words are well considered; my deeds are not equaled; to brin
g low those that were high; to humble the proud, to expel insolence. If a succee
ding ruler considers my words, which I have written in this my inscription, if h
e do not annul my law, nor corrupt my words, nor change my monument, then may Sh
amash lengthen that king's reign, as he has that of me, the king of righteousnes
s, that he may reign in righteousness over his subjects. If this ruler do not es
teem my words, which I have written in my inscription, if he despise my curses,
and fear not the curse of God, if he destroy the law which I have given, corrupt
my words, change my monument, efface my name, write his name there, or on accou
nt of the curses commission another so to do, that man, whether king or ruler, p
atesi, or commoner, no matter what he be, may the great God (Anu), the Father of
the gods, who has ordered my rule, withdraw from him the glory of royalty, brea
k his scepter, curse his destiny. May Bel, the lord, who fixeth destiny, whose c

ommand can not be altered, who has made my kingdom great, order a rebellion whic
h his hand can not control; may he let the wind of the overthrow of his habitati
on blow, may he ordain the years of his rule in groaning, years of scarcity, yea
rs of famine, darkness without light, death with seeing eyes be fated to him; ma
y he (Bel) order with his potent mouth the destruction of his city, the dispersi
on of his subjects, the cutting off of his rule, the removal of his name and mem
ory from the land. May Belit, the great Mother, whose command is potent in E-Kur
(the Babylonian Olympus), the Mistress, who harkens graciously to my petitions,
in the seat of judgment and decision (where Bel fixes destiny), turn his affair
s evil before Bel, and put the devastation of his land, the destruction of his s
ubjects, the pouring out of his life like water into the mouth of King Bel. May
Ea, the great ruler, whose fated decrees come to pass, the thinker of the gods,
the omniscient, who maketh long the days of my life, withdraw understanding and
wisdom from him, lead him to forgetfulness, shut up his rivers at their sources,
and not allow corn or sustenance for man to grow in his land. May Shamash, the
great Judge of heaven and earth, who supporteth all means of livelihood, Lord of
life-courage, shatter his dominion, annul his law, destroy his way, make vain t
he march of his troops, send him in his visions forecasts of the uprooting of th
e foundations of his throne and of the destruction of his land. May the condemna
tion of Shamash overtake him forthwith; may he be deprived of water above among
the living, and his spirit below in the earth. May Sin (the Moon-god), the Lord
of Heaven, the divine father, whose crescent gives light among the gods, take aw
ay the crown and regal throne from him; may he put upon him heavy guilt, great d
ecay, that nothing may be lower than he. May he destine him as fated, days, mont
hs and years of dominion filled with sighing and tears, increase of the burden o
f dominion, a life that is like unto death. May Adad, the lord of fruitfulness,
ruler of heaven and earth, my helper, withhold from him rain from heaven, and th
e flood of water from the springs, destroying his land by famine and want; may h
e rage mightily over his city, and make his land into flood-hills (heaps of ruin
ed cities). May Zamama, the great warrior, the first-born son of E-Kur, who goet
h at my right hand, shatter his weapons on the field of battle, turn day into ni
ght for him, and let his foe triumph over him. May Ishtar, the goddess of fighti
ng and war, who unfetters my weapons, my gracious protecting spirit, who loveth
my dominion, curse his kingdom in her angry heart; in her great wrath, change hi
s grace into evil, and shatter his weapons on the place of fighting and war. May
she create disorder and sedition for him, strike down his warriors, that the ea
rth may drink their blood, and throw down the piles of corpses of his warriors o
n the field; may she not grant him a life of mercy, deliver him into the hands o
f his enemies, and imprison him in the land of his enemies. May Nergal, the migh
t among the gods, whose contest is irresistible, who grants me victory, in his g
reat might burn up his subjects like a slender reedstalk, cut off his limbs with
his mighty weapons, and shatter him like an earthen image. May Nin-tu, the subl
ime mistress of the lands, the fruitful mother, deny him a son, vouchsafe him no
name, give him no successor among men. May Nin-karak, the daughter of Anu, who
adjudges grace to me, cause to come upon his members in E-kur high fever, severe
wounds, that can not be healed, whose nature the physician does not understand,
which he can not treat with dressing, which, like the bite of death, can not be
removed, until they have sapped away his life.
May he lament the loss of his life-power, and may the great gods of heav
en and earth, the Anunaki, altogether inflict a curse and evil upon the confines
of the temple, the walls of this E-barra (the Sun temple of Sippara), upon his
dominion, his land, his warriors, his subjects, and his troops. May Bel curse hi
m with the potent curses of his mouth that can not be altered, and may they come
upon him forthwith.
THE END OF THE CODE OF HAMMURABI