(David P. Wright) Inventing God's Law PDF

INVENTING GOD’S LAW
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How the Covenant Code of the Bible Used and

Revised the Laws of Hammurabi
David P. Wright
1
2009
1
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Library of Congress Cataloging-in-Publication Data

Wright, David P. (David Pearson), 1953–
Inventing God's law : how the covenant code of the Bible used
and revised the laws of Hammurabi / David P. Wright.
p. cm.
Includes bibliographical references and indexes.
ISBN 978-0-19-530475-6
1. Bible. O.T. Exodus XX, 23–XXIII, 19—Criticism, interpretation, etc.
2. Code of Hammurabi. 3. Bible. O.T.—Extra-canonical parallels.
4. Law, Ancient—Sources. 5. Law—Middle East—Sources. I. Title.
BS1245.52.W75 2009
222'.12066—dc22 2009012890
9 8 7 6 5 4 3 2 1
Printed in the United States of America
on acid-free paper
For Dianne
Preface
It was by accident that the thesis of this book came to be. I had accepted and
operated according to the standard critical understanding of the Covenant Code
and its relationship to Mesopotamian legal tradition. This viewed the biblical
law collection as the result of stages of development over several centuries.
The similarities it had with texts such as the Laws of Hammurabi were due to
Israel’s and the Bible’s inheriting oral traditions that circulated in Syria and
Canaan before Israel appeared on the historical scene. I assumed, too, that the
laws of the Covenant Code in large part reflected the practice of early Israel.
Then, one day in the fall of 1998 while preparing a lecture for a course on
biblical and Near Eastern law at Brandeis University, I noticed that passages
from the Covenant Code and the Laws of Hammurabi that I had assigned for
an upcoming class session on a new topic happened to follow, in sequence,
passages in these texts that I had assigned from the previous class session that
was devoted to a different topic. I spent the next several hours looking for
other sequential correlations between the two collections. By dinner time, I had
charted a list of ten such laws or legal topics. Thus this study was born.
Since that day, I have spent time testing, expanding, questioning, and refin-
ing the evidence and arguments. My first paper on the topic was at the New
England Regional Meeting of the Society of Biblical Literature, April 1999
(Newton, Massachusetts). Since then, I have reported on my findings at various
national and international professional meetings. I also published preliminary
versions of my findings in three articles, the first in Maarav (“The Laws of
viii Preface
Hammurabi as a Source for the Covenant Collection,” 2003, appeared 2004) and
two in the Zeitschrift für altorientalische und biblische Rechtsgeschichte (“The
Compositional Logic of the Goring Ox and Negligence” and “The Fallacies
of Chiasmus,” 2004). These early publications sought to elicit response from
colleagues. One such considered response, by Bruce Wells, allowed me in
turn to restate and sharpen the presentation of the data in a second Maarav
article (“The Laws of Hammurabi and the Covenant Code: A Response to
Bruce Wells,” 2006, appeared 2007). Some material from these articles has
been incorporated, with extensive revision, at places in this study. I thank these
journals for permission to reuse this material.
The thesis of this book requires detailed textual examination and is there-
fore by necessity technical in nature. In order to facilitate a basic grasp of the
evidence, to serve nonspecialists as well as specialists who want an overview, I
have summarized the thesis and evidence in chapter 1. Reading this along with
the conclusion (chapter 13) will give any reader a solid understanding of the
study’s claims. A more intensive reading would include chapters 2–4 (part I),
which lay out in detail the evidence for the Covenant Code’s dependence
upon Hammurabi’s Laws and explain when this borrowing occurred. A fully
engaged reading would add chapters 5–12 (part II). They describe how the
Covenant Code transformed its sources and explain the purpose and ideology
of the work. At the suggestion of colleagues, I have provided in most cases cita-
tions of texts in translation and in the original languages to allow immediate
critical analysis. I have also included translations of citations from contempo-
rary European scholarship in the main text of the chapters (and in the notes of
chapter 1) for the benefit of nonspecialists.
I am deeply grateful to several colleagues for their help and criticism:
Bernard Levinson, for taking an early interest in my findings, responding to
drafts of some of my papers on the book’s thesis, critiquing and refining some
of my arguments in his own publications, and sharing his offprints and some
prepublication manuscripts; Jeffrey Stackert, my student during the years that
this study was in formation and from whom I learned much, for providing a
critical ear in hours of discussion and evaluating some early drafts of chapters;
my Brandeis colleague Tzvi Abusch, for being an incisive sounding board for
ideas, helpful with Assyriological matters, and an advisor on how to present the
data and arguments on such a complicated topic; Bruce Wells, for his resistance
and criticisms, not only in his review article, just noted, but in friendly discus-
sions over the past few years, which have helped me see a wider set of ques-
tions; Bernard Jackson, for corresponding with me about my first articles and
sharing the prepublication proofs of his now recently published book, Wisdom-
Laws; Eckart Otto, for sharing his work with me over the years and for recently
facilitating the presentation of my ideas in ZABR; William Morrow, for his
cautionary questions and sharing a manuscript of a forthcoming article; Simo
Parpola, for asking me to summarize my thesis for his online Melammu Project
(see Wright, “The Codex Hammurapi as a Source for the Covenant Collection”);
Preface ix
and John Van Seters, for sending me offprints of his articles and discussing his
approach and views with me.
In addition, I thank other scholars for suggesting references, engaging in
discussions, and offering critiques, including Joel Baden, Simeon Chavel,
Andrew Cohen, Tikva Frymer-Kensky, Samuel Greengus, Dale Patrick, Jan
Wagenaar, Emily West, and Raymond Westbrook. I acknowledge several of my
Brandeis colleagues for their critique and suggestions, including Marc Brettler,
Bernadette Brooten, Jonathan Decter, Jon Levisohn, Antony Polonsky, and
Eugene Sheppard. I also thank the several students who served as research
assistants on this work in its various stages: David Bokovoy, Jason Gaines, and
Michael Singer. I also recognize a debt to other graduate students who have
argued with me and provided suggestions, including Molly DeMarco, James
Getz, Eric Grossman, Alan Lenzi, Sarah Shectman, Sheila Reeder, Susan
Tanchel, and Ilona Zsolnay.
I thank the British Museum and cuneiform collection curator Jonathan
Taylor for allowing me to examine and photograph unpublished neo-Assyrian
fragments of Hammurabi’s Laws (see chapter 4, n. 137).
Finally, I extend special gratitude to my wife, Dianne, who supported me
through the long process of developing this study, listened to my incessant and
evolving test lectures, and endured the various grunts and groans of the writing
process. She has always been patient and accommodating. Since 1998, our four
children have gone through and graduated from college, and I thank them, too,
for being patient with a sometimes preoccupied father. Dianne and I are now
happy to see this fifth “child” leave the nest.
Contents
Abbreviations and Special Terminology xiii

1. Introduction: The Basic Thesis and Background 3
Part I: Primary Evidence for Dependence: Sequential
Correspondences and Date 29
2. The Casuistic Laws 31
3. The Apodictic Laws 51
4. Opportunity and Date for the Use of Hammurabi’s and
Other Cuneiform Laws 91
Part II: The Compositional Logic of the Covenant Code 121
5. Debt-Slavery and the Seduction of a Maiden
(Exodus 21:2–11; 22:15–16) 123
6. Homicide, Injury, Miscarriage, and Talion
(Exodus 21:12–14, 18–27) 154
7. Child Rebellion, Kidnapping, Sorcery, Bestiality, and Illicit
Sacrifice (Exodus 21:15–17; 22:17–19) 192
8. The Goring Ox and Negligence (Exodus 21:28–36) 205
9. Animal Theft, Crop Destruction, Deposit, and Burglary
(Exodus 21:37–22:8) 230
10. Animal Injury, Death, and Rental (Exodus 22:9–14) 265
xii Contents
11. The Themes and Ideology of the Apodictic Laws

(Exodus 20:23–26; 21:1; 22:20–23:19) 286
12. Redactional Growth in the Apodictic Laws and the
Covenant Code’s Relationship to the Exodus Narrative 322
13. Conclusions 346
Notes 365
Bibliography 511
Author Index 553
Subject Index 561
Text Reference Index 569
Abbreviations and Special Terminology
Abbreviations otherwise follow those found at the beginning of the volumes

of the Anchor Bible Dictionary, supplemented by those in The Assyrian
Dictionary of the Oriental Institute of the University of Chicago.
BZABR (= BZAR) Beihefte zur Zeitschrift für altorientalische und bib-
lische Rechtsgeschichte
CC Covenant Code (20:23–23:19)
CCN Covenant Code Narrative (see chapter 12)
CDA Black, Jeremy, Andrew George, and Nicholas
Postgate. A Concise Dictionary of Akkadian. Santag:
Arbeiten und Untersuchungen zur Keilschriftkunde 5.
Wiesbaden: Harrassowitz, 1999.
COS The Context of Scripture. Edited by William W. Hallo
and K. Lawson Younger Jr. 3 vols. Leiden: Brill, 2003.
Exhortatory Block Cols. 47:59–48:94 of LH (see chapters 1 and 3)
HALOT Koehler, Ludwig; Walter Baumgartner; Johann Jakob
Stamm, eds. M. E. J. Richardson, trans. and ed. The
Hebrew and Aramaic Lexicon of the Old Testament.
Study Edition. Leiden: Brill, 2001.
HL Holiness Legislation (see chapter 13, n. 19)
HtL Hittite Laws
JHebS Journal of Hebrew Scriptures
xiii
xiv Abbreviations and Special Terminology
LE Laws of Eshnunna
LH Laws of Hammurabi
LLI Laws of Lipit Ishtar
LU Laws of Ur-Namma
MAL Middle Assyrian Laws
NA Neo-Assyrian
NBL Neo-Babylonian laws
OB Old Babylonian
OBC Orientalia Biblica et Christiana
OEANE Oxford Encyclopedia of Archaeology in the Near East
SAA State Archives of Assyria
SAAS State Archives of Assyria Studies
String I Exodus 22:20–30 (see chapters 1 and 3)
String II Exodus 23:9–19 (see chapters 1 and 3)
VTE Vassal Treaties of Esarhaddon (see Parpola and Watanabe,
Neo-Assyrian Treaties)
ZABR (= ZAR) Zeitschrift für altorientalische und biblische
Rechtsgeschichte
1
Introduction: The Basic Thesis
and Background
This study proposes a profoundly new understanding of the composition and

nature of the Covenant Code (Exodus 20:23–23:19).1 It contends that this law
collection, the pinnacle of the revelation at Mount Sinai according to the story
of Exodus 19–24, is directly, primarily, and throughout dependent upon the
Laws of Hammurabi. The biblical text imitated the structure of this Akkadian
text and drew upon its content to create the central casuistic laws of Exodus
21:2–22:19, as well as the outer sections of apodictic law in Exodus 20:23–26
(along with the introduction of 21:1) and 22:20–23:19.2 This primary use of the
Laws of Hammurabi was supplemented with the occasional use of material
from other cuneiform law collections and from native Israelite-Judean sources
and traditions. The time for this textual borrowing was most likely during the
Neo-Assyrian period, specifically sometime between 740 and 640 BCE, when
Mesopotamia exerted strong and relatively continuous political control and cul-
tural sway over the kingdoms of Israel and Judah, and a time when the Laws of
Hammurabi were actively copied in Mesopotamia as a literary-canonical text.
The Covenant Code also appears to be a unified composition, given the influ-
ence of Hammurabi’s laws throughout, the thematic integrity resulting from
this, the unique scribal talents and interests necessary for the text’s compo-
sition, and its temporal proximity to the basic laws of Deuteronomy, which
depend on the Covenant Code’s laws and date not much later, probably to the
latter half of the seventh century. Moreover, because the Covenant Code is
largely a creative rewriting of Mesopotamian sources, it is to be viewed as
3
4 Inventing God’s Law
an academic abstraction rather than a digest of laws practiced by Israelites

and Judeans over the course of centuries. Its selective character and the man-
ner in which it reshapes the political and theological landscape of the Laws of
Hammurabi, in fact, make it appear to be preeminently an ideological docu-
ment, a response to Assyrian political and cultural domination.
This model differs decidedly from current critical scholarly appraisals of
the text.3 According to these, the Covenant Code’s similarities with ancient
Near Eastern law—perceived only imperfectly until now—are due to general
or specific traditions, preserved orally and reflected in inherited legal prac-
tice, that reach back into the second millennium BCE. One model proposes that
Mesopotamian customs became known in Syria-Canaan through the establish-
ment of cuneiform scribal schools in this western region during the mid- to
later second millennium. These were then handed on primarily in oral form
into the first millennium, at which time the people of Israel took them over,
practiced them, and encoded them in law. An alternate model proposes that the
customs go back earlier to the beginning of the second millennium or even to
the late third millennium, to a common stock of Amorite practices that eventu-
ally became independently encoded in the Mesopotamian law collections and
the Covenant Code. Only a few scholars have allowed for direct or indirect
literary influence from Mesopotamian law collections, and they usually limit
this to a few laws, such as those about a goring ox. No one has ventured the idea
that the apodictic laws have any connection to Hammurabi’s text.
The arguments for the prevailing traditions explanation, as just described,
have seemed persuasive. These include a judgment that the Covenant Code’s
basic casuistic laws (whatever a particular analysis may determine these to be)
are old, from around 1000 BCE, give or take a century. Support for this date has
been sought in the sociological and cultural picture imagined to be reflected
in the basic casuistic laws. For example, the Covenant Code never speaks of a
king. Hence the basic laws have been assumed to be premonarchic or at least
built on legal traditions from that period. An early dating of the Covenant
Code is also supported by a relatively early dating of the laws of Deuteronomy.
If the latter date to the eighth century, for example, then the Covenant Code
may be from the ninth or even tenth century BCE. In addition, several scholars
believe that the Covenant Code was included as part of the Elohist—a few say
the Yahwist—source of the Pentateuch. An early dating of these sources has
required an early date for the Covenant Code. Furthermore, scholars have made
connections between the Covenant Code and features in second-millennium
cuneiform documents, such as slave customs reflected in Nuzi texts or the class
of persons denoted by the term ab/piru in El-Amarna and other texts, to which
the designation “Hebrew” in the Covenant Code has been related. The date of
the Covenant Code, it is supposed, must be relatively close to the time of the
second-millennium texts with these comparable elements.
This early dating of the Covenant Code precludes borrowing from con-
temporary Mesopotamian literature because Mesopotamian influence did not
Introduction: The Basic Thesis and Background 5
extend to Israel and Judah until the mid-ninth-century BCE and not significantly
so until the mid-eighth century. Cuneiform scribal schools in Syria-Canaan
that flourished in the second millennium, evidenced in Akkadian texts found
from various Canaanite cities4 and the El-Amarna tablets of the fourteenth cen-
tury, ceased to exist around 1200 BCE with the urban collapse at the end of the
Late Bronze Age.5 Hence the Covenant Code’s similarities to cuneiform law,
so a traditions argument would claim, cannot be due to the maintenance of
cuneiform law texts from the second millennium into the first millennium in
the west. If any written sources were influential, these would have presum-
ably been written in Aramaic or Phoenician and would have been limited in
scope, perhaps small excerpts of laws or scribal exercises on particular sub-
jects. But since there is no evidence for such texts—certainly there is none for
the transmission of the whole of the Laws of Hammurabi in these Northwest
Semitic languages—the content of the Covenant Code must result mainly from
oral tradition. In any case, most scholarship has also assumed that the laws of
the Covenant Code reflect actual legal customs in Israel or Judah. Therefore,
whatever relationship there is to Mesopotamian custom, it is only through
a pedigree of actual practice. This rules out dependence on a text and even
oral traditions transmitted as abstract matters of academic discussion among
scribes or jurists.
In addition to these chronological considerations, previous scholarship fol-
lowing a traditions explanation has also emphasized that, despite the observ-
able similarities with Near Eastern law texts, the laws of the Covenant Code are
significantly different from their nonbiblical counterparts. These differences
have been taken as an index of the cultural, geographical, and chronological
distance between the texts. Moreover, the number of exact correspondences
between the Covenant Code and any given Near Eastern text is actually quite
small. These few correlations can presumably be explained by a nonliterary
model. Approaches employing a traditions model have also emphasized that
similar laws or legal topics are found in several wide-ranging Near Eastern
or Mediterranean law collections. For example, the Covenant Code, the Laws
of Hammurabi, the Laws of Eshnunna, and the Roman Twelve Tables all have
burglary laws that speak of killing a burglar (see chapter 9). These cannot all
be related by literary influence. They are either all the result of coincidence
(independent genesis) or the result of broad but indefinable oral tradition. This
explanation is then brought to bear on all other points of similarity between the
Covenant Code and Near Eastern legal texts.
Additional arguments have been mustered in support of a traditions model.
Critical scholarship has concluded that the Covenant Code contains several
redactional strata that arose over the course of several centuries, from approxi-
mately 1000 to 500 BCE. That the Covenant Code has a complex literary history
is supported in a general way by what scholarship has observed to be the nature
of other biblical texts, by empirical evidence from variant ancient versions of
other biblical texts,6 and from what we know about the composition of texts
from elsewhere in the ancient Near East.7 The problem for a theory of direct
literary dependence is that several of the proposed compositional layers of the
Covenant Code have correspondences with Near Eastern law. But it is unlikely
that each stratum arose through dependence on Near Eastern legal texts. It
is easier to believe that the various strata arose independent of foreign litera-
ture and out of a tradition that was only indirectly and loosely associated with
Mesopotamian customs.
Related to this argument is the proposal in various works of scholarship,
admittedly on the basis of meager data, of an evolutionary scheme for biblical
law in general. For example, several scholars see a development from self-help
customary law reflective of a simpler sociological situation to more elaborate
regulations connected with village, town, and eventually state interests. The
Covenant Code has been viewed as fitting into this developmental scheme. Its
presumed early redactional layers reflect a relatively primitive stage of law,
and the Covenant Code as a redacted whole reflects a more developed politico-
judicial context. Therefore, the Covenant Code does not seem to be of foreign
derivation but is a digest of growing local custom.
Further support for a traditions explanation for the laws of the Covenant
Code is in the Bible’s use of oral tradition in other respects, such as for religious
and theological conceptions, various customs, narrative motifs, and literary
forms and techniques. It has been reasonable to conclude, therefore, that simi-
larities between the Covenant Code and Mesopotamian legal texts are due to
similar broad oral tradition and not literary dependence.
Methodological considerations also point to the validity of a traditions model.
First, the claim of literary dependence seems too simplistic. After all, it would
be an extremely grand stroke of luck that we happen to have the source docu-
ment for the Covenant Code, given the vast stretches of time, divergent geog-
raphies, and chance nature of archaeological discovery involved.8 Second, the
claim that the Covenant Code depends on the Laws of Hammurabi looks like a
relic of the Pan-Babylonianism of the early twentieth century.9 Scholarship has
taught us since then that we must deal with the individual context and expres-
sion not only of the Mesopotamian material but also of the biblical material.10
This study proffers new evidence and arguments that lead us to question
and reject a traditions explanation and its supporting arguments, as just sum-
marized. The Covenant Code has many more similarities with the Laws of
Hammurabi than have previously been observed. These are not merely matters
of specific content; they are also matters of general structure and the common
distribution of themes. The similarities are such that they cannot be explained
by oral tradition. If one simply moves the date of the presumed earliest mate-
rial Covenant Code a bit later, to the Neo-Assyrian period, then a window of
opportunity opens for use of the Laws of Hammurabi as a source text. Indeed,
many scholars in recent years have been moving to such a date for a significant
portion of the casuistic laws, as well as the apodictic laws, based on different
evidence and considerations.11
The primary historical problem before us can be boiled down to this: are
we to believe that legal traditions from several centuries and maybe even a
millennium or more past have happened to come together in a form and with a
content that matches the Laws of Hammurabi, precisely at a time when Israel
and Judah were under Assyrian control and when the Laws of Hammurabi were
part of the Great Books library of Akkadian scribes, but that this text had no
influence on the Covenant Code? A more parsimonious and compelling expla-
nation of the Covenant Code’s origins recommends itself, and that is what this
study presents.
The Evidence in Brief
The argument of this book requires detailed textual examination of the whole
of the Covenant Code in connection with the Laws of Hammurabi and other
sources. The thesis cannot be defended and the evidence cannot be understood
and evaluated otherwise. To moderate this detail, I will present the essence of
the evidence here so that a reader will have a framework for understanding the
specifics to come. One need not worry that I am laying out my cards too early
because this schematic presentation represents only the tip of the evidential
iceberg. This précis will no doubt generate numerous questions. These will be
answered in the body of the book.
Ever since the Laws of Hammurabi (henceforth LH) were discovered in
excavations at Susa12 in 1901–1902 and quickly published by Scheil in 1902,13
scholars recognized their similarity to the laws of the Covenant Code (hence-
forth CC).14 The past century of scholarship, however, has generally perceived
correspondences with LH atomistically and only in the casuistic portion of the
text (i.e., Exodus 21:2–22:19).15 The goring ox laws are the clearest and most
famous example of the observed similarities (for detail, see chapter 8).16
Exodus 21:28–32 Laws of Hammurabi 250–252

28 250
If an ox gores a man or woman and If an ox gores a man while passing
he dies, the ox shall be stoned, its flesh through the street and kills (him),
shall not be eaten; the owner of the ox that case has no claim.
is not liable.
29 251
If an ox is a habitual gorer, from pre- If a man’s ox is a habitual gorer,
vious experience, and its owner has and his district has informed him
been warned, but he did not restrain that it is a habitual gorer, but he did
it, and it kills a man or woman, the ox not file its horns and did not control
shall be stoned and its owner shall be his ox, and that ox gores a man (lit.
put to death. 30If ransom is laid upon son of a man) and kills (him), he
him, he shall pay the redemption price shall pay one-half mina (= thirty
for his life, according to whatever is shekels) of silver.
laid upon him.
31
Or (if) it gores a son or daughter, it
shall be done for him according to this
law.
32 252
If the ox gores a male slave or a If it is the slave of a free
female slave, he shall pay thirty person, he shall pay one-third mina
shekels of silver to his (the slave’s) (= twenty shekels) of silver.
master and the ox shall be stoned.
Though CC here exhibits some notable differences, its laws are nonetheless
remarkably similar to those in LH, having the same basic content, formulation,
and sequence. On the basis of the similarities in these laws alone, Meir Malul,
for example, concluded that there must be a literary connection between the
two texts.17
But the similarities with LH are much broader than what are observable
between individual laws here or there and are found throughout its two genres
of casuistic and apodictic laws. The casuistic laws, with the style “if . . . then . . . ,”
occupy the central portion of the text (21:2–22:19). These laws are surrounded
by bookends of apodictic laws, with the style “do this/don’t do that” (20:23–26
and 22:20–23:19). CC’s central casuistic laws have close associations with the
central casuistic laws of LH (LH 1–282), and CC’s outer apodictic laws have
close thematic associations with the outer sections of LH, its prologue and epi-
logue, especially one particular section of the epilogue.
The casuistic laws of CC for their part display the same or nearly the same
topical order as the laws in the last half of Hammurabi’s collection.18 They cor-
respond in fourteen points, as I count them. These are summarized in table 1.1.
(The reader should later examine the table in the appendix to chapter 13, which
lays out the correlations in more detail.) In only a few laws is the order inexact.
These differences are explainable by the creativity that CC used in revising LH.
Homicide, mentioned only in a passing way in LH 207 in a law on striking (cf.
LH 206), was moved to the beginning of CC’s assault laws. The topic of talion
(i.e., “an eye for an eye . . . ”) was moved from earlier in the striking laws of LH
(LH 196–201) to provide penalties for the injury or death of a woman in a case
of aggravated miscarriage. This replaced vicarious punishment prescribed by
LH 210, a penal principle that CC rejected (see Exodus 21:31 in the goring ox
law, cited previously). The other variation in CC’s order, the breakup of the
goring ox laws with a negligence law, is partly due to the shift in context from
human victims to animals (a shift also visible in LH) and also to using a law
from another cuneiform law source (similar to Eshnunna Law [= LE] 53) to
supplement the basic goring ox law from LH.
As CC used the order of LH as a guide, it brought in laws from other places in
LH outside the topical sequence, the chief examples of which are listed in table
1.2. CC also used a few laws based on other cuneiform collections, the main
examples of which are listed in table 1.3. These were not necessarily derived from
these known collections but may have come from an unknown source or sources
Table 1.1: The similar sequence between the casuistic laws
Casuistic Laws of CC Casuistic Laws of LH
1. 21:2, 3–6 debt-slavery of males, 117 son, father debt-servants;

including children of slave, master subsequent laws: 175 children of slave,
relations 282 master relations
2. 21: 7, 8–11 debt-slavery of a daughter, 117 daughter debt servant; subsequent
including displeasure, “law about laws: 148–149 displeasure and taking
daughters,” taking second wife, and second wife, 154–156 laws about
three means of support daughters, 178 three means of support
3. 21:12–14 death from striking, intent
4. 21:15, 17 child rebellion 192–193, 195 child rebellion
196–201 talion laws, injury to slave
5. 21:18–19 men fighting, injury, cure 206 men fighting, injury, cure
207 (based on 206) death from striking,
intent
6. 21:20–21 killing one of lower class 208 killing one of lower class (cf. 116)
(cf. slaves in 196–205, 209–223)
7. 21:22–23 causing a miscarriage 209–214 causing a miscarriage
8. 21:23–27 talion laws, injury to slave
229–230 negligence (cf. 125)
9. 21:28–32 goring ox 250–252 goring ox
10. 21:33–34 negligence
21:35–36 goring ox (similar to LE 53)
11. 21:37; 22:2b–3 animal theft 253–265 animal theft
12. 22:6–8 deposit 265–266 “deposit” of animals
(idiomatically related to deposit in 120,
124–125)
13. 22:9–12 injury and death of animals 266–267 injury and death of animals
14. 22:13–14 animal rental 268–271 animal rental (cf. 244–249)
Table 1.2: Main nonsequential correspondences with LH

master relations and ear mutilation Exod 21:5–6 LH 282
kidnapping Exod 21:16 LH 14
negligence Exod 21:33–34 LH 125
burglary Exod 22:1–2a LH 21
grazing Exod 22:4 LH 57–58
deposit Exod 22:6–7 LH 120, 124–125
animal rental Exod 22:13–14 LH 244, 249
Table 1.3: Main correspondences with cuneiform laws other than LH

talion in miscarriage Exod 21:23–25 MAL A 50, 52
an ox goring an ox Exod 21:35 LE 53
burglary Exod 22:1–2a LE 13 (cf. LH 21)
burning a field Exod 22:5 HtL 105–106
seducing a virgin Exod 22:15–16 MAL A 55–56
sorcery Exod 22:18 MAL A 47
Table 1.4: Parallel string structure of the final apodictic laws of CC

Topic String I (Exod 22:20–30) String II (Exod 23:9–19)
1. general law about 22:20–23: three classes— 23:9: immigrant not to be

the poor immigrant, widow, orphan—not oppressed; Egypt rationale
to be oppressed; Egypt rationale
2. two relatively long (A) 22:24: interest not to be (A) 23:10–11: poor eat from
laws benefiting the taken from poor produce of seventh-year field
poor (B) 22:25–26: garment pledge (B) 23:12: poor rest on seventh
not to be retained. day
3. two short laws (A) 22:27a: God not to be (A) 23:13bα: names of other gods
about speaking cursed; not to be recalled
about sovereigns (B) 22:27b: “chieftain” (= king) (B) 23:13bβ: name of these gods
not to be cursed not to be heard on lips
4. cultic laws 22:28–30: miscellaneous cultic 22:17–19: three annual festivals
rules: offer first produce, to be observed where people
dedicate firstborn humans, appear before/“see” the deity;
offer firstborn animals after miscellaneous cultic rules:
remaining with mother a week, leaven with sacrificial blood not
carrion not to be eaten because to be offered, festival offering
people are holy not to remain till morning, first
fruits to be offered, kid not to be
boiled in mother’s milk
that had similar laws. The topics in the sequential template of the last half of LH
provided collection points for the insertion or use of these various other laws.
This interspersing of extraneous materials was part of CC’s creative reworking
of its basic LH source material, to create a comprehensive yet brief composition.
The apodictic laws of CC show an equally tight set of correspondences with
LH. My initial publications on the relationship of CC to LH outlined these cor-
respondences in only a general way.19 The study at hand gives new evidence
from the apodictic laws that may well exceed in its force the already strong
evidence from the casuistic laws. The key to understanding the relationship of
the apodictic laws to LH is to recognize that the final apodictic laws (22:20–
23:19) exhibit a structure with two parallel passages or strings, as I call them
for sake of easy reference and identification in the discussion that follows. Each
string has four corresponding themes or elements. These strings are set out in
table 1.4 (see the full texts in chapter 3).
These strings are set around and augment a chiastic core of laws that pre-
scribe proper judicial behavior in 23:1–8, as outlined in table 1.5 (see chapter
3 for the full text).20 The whole of the final apodictic laws is thus a carefully
calculated structure.
The chief comparative point to note is that these final apodictic laws and also
those at the beginning of CC replicate in exact sequence the themes of what I
Table 1.5: Schematic outline of the chiastic core of the final apodictic laws
(a) 23:1: not raising a false report (‫ )שמע שוא‬or following the wicked (‫ )רשע‬to be a violent
witness (apodictic law)
(b) 23:2–3: not perverting justice (‫ )הטה‬or countenancing a poor person (‫“ )דל‬in his case”
(‫ ;בריבו‬apodictic law)
(c) 23:4: returning the ox or ass of an enemy (‫ ;איבך‬2nd-person casuistic law starting
with ‫ כי‬and ending with an infinitive absolute construction plus preposition and
pronoun)
(c’) 23:5: returning the ass of an adversary (‫ ;שנאך‬2nd-person casuistic law starting
with ‫ כי‬and ending with an infinitive absolute construction plus preposition and
pronoun)
(b’) 23:6: not perverting (‫ )הטה‬judgment of poor person (‫“ )אביון‬in his case” (‫;בריבו‬
apodictic law)
(a’) 23: 7: keeping away from a false matter (‫)דבר שקר‬, not slaying the innocent and guiltless
(‫ ;נקי וצדיק‬cf. “violence” in member a) since the wicked (‫ )רשע‬will not be exonerated
(apodictic law)
(x) 23:8: extra tag: not taking a bribe.
call the exhortatory block of the epilogue of LH (cols. 47:58–49:44). This corre-
spondence is summarized in table 1.6 (see the full texts at the end of chapter 3).
The replication of themes from the exhortatory block occurs thrice: (1) in the
initial apodictic laws (20:23–26), (2) in string I of the final apodictic laws
(22:20–30) continuing on into chiastic passage on judicial propriety (23:1–8);
and in string II of the final apodictic laws (23:9–19). This threefold iteration
accounts for all the major themes in the apodictic laws. Nothing is themati-
cally extraneous, except the brief exhortation in 23:13a, which nonetheless
is to be explained from the influence of Hammurabi’s exhortatory block (see
later).
The key to understanding many of the correspondences in the apodictic
laws is to realize that CC has replaced Hammurabi and Mesopotamian gods
with Yahweh. The Israelite-Judean god is now the author and revealer of law.
His cult symbol, the altar, has replaced Hammurabi’s temple statue. Just as the
exhortatory block has Hammurabi’s name memorialized at a cult site (“May
my name [šumī] be recalled [lizzakir] in the Esagil temple favorably forever”),
CC has Yahweh’s name memorialized at a cult site (“In every place where I
cause my name [‫ ]שמי‬to be recalled [‫ )”]אזכיר‬and prohibits the memorializing
of other gods (“you shall not mention/recall [‫ ]לא תזכירו‬the name [‫ ]שם‬of other
gods”). CC extends the theme of name memorialization to prohibit the cursing
of deity and the native “chieftain” (i.e., the king). The coming of a wronged
man before Hammurabi’s statue and stela at the Esagil temple (“let a wronged
man who has a case come before the statue of me, king of justice” awīlum
ablum ša awātam iraššû ana maar almīya šar mīšarim lillikma) is replaced
with the thrice-yearly visit of male pilgrims for the festivals (e.g., “three times
Table 1.6: Correlations between the apodictic laws and the exhortatory block
Exhortatory Block of the Epilogue Initial Apodictic Laws String I of Final Apodictic Laws & String II of Final Apodictic Laws
of LH (LH cols. 47:59–49:17) (Exod 20:23–26) Chiastic Core (Exod 22:20–23:8) (Exod 23:9–19)
Three individuals (the “weak,” Three individuals (immigrant, Immigrant not to be oppressed. (23:9)
orphan girl, widow) not to be widow, orphan) not to be oppressed.
oppressed, to be treated justly. (col. (22:20–23)
47:59–73)
(Two laws on poor follow: (Two laws on poor follow: (A) poor
(A) no interest from poor eat from seventh-year produce
(v. 24); (B) garment pledge not (v. 10–11); (B) poor rest on seventh
kept overnight (vv. 25–26). day (v. 12).
Hammurabi’s image set up in the Images of (other) gods not to be

12
Esagil temple. His law stela is set made. Instead, an altar (symbol of
up before this image. (col. 47:75–78) the divine sovereign) is to be made.
(20:23–24a)
Hammurabi’s name (“my name” Yahweh causes recall (‫ )זכר‬of his God and the people’s chieftain Names (‫ )שם‬of other gods not to be
šumī ) is to be recalled (zakārum) name (“my name”; ‫ )שמי‬in cult (= king) are not to be cursed. recalled. (23:13) (‫)זכר‬
in the Esagil temple. No other king place. (20:24bα) (22:27)
like Hammurabi. (col. 47:93–48:2)
Wronged man to visit the temple Sacrificial and cultic prescriptions Every male to appear before (emended:
for judicial clarification. He (most of these have a connection “see”) Yahweh at the sanctuary for
appears before Hammurabi’s with the sanctuary and altar and pilgrimage festivals. Yahweh called
statue and stela. His prayer/praise would be observed on festivals). “Lord” (‫)אדן‬. Offerings to the deity.
of Hammurabi to Marduk and (22:28–30) [Primarily a counterpart (23:14–19)
Zarpanitu. King and gods are to the corresponding element in
called “lords” (bēlum/bēltum). (col. string II.] [End of CC]
48:3–58)
End of prayer of praise says Yahweh comes (‫ )בוא‬to the cult
Hammurabi provided well-being place and blesses (‫ )ברך‬the people.
(= blessing; šīram ābam . . . išīm) (20:24bβ)
for the people. Summary statement
“may he (the wronged man) pray/
Two laws on altar and its
bless me” (likrubam). Gods that
materials: (A) no hewn
13
“enter (erēbum) the Esagil temple”

stone (v. 25); (B) no stairs
(cf. 20:24b) provide good omens
(v. 26).
(lidammiqū). (col. 48:34–58).
Admonition to the future king to Laws ensuring justice. Justice not to be
ensure justice. Laws not to be altered. perverted. The wicked and innocent.
Eradicate wicked. Chiastic structure. Patent chiastic structure. (23:1–8)
(cols. 48:59–49:17)
a year may every male among you appear before [emended: ‘see’] the Lord,
Yahweh” ‫)שלש פעמים בשנה יֵ ָראֶה ]יְִראֶה[ כל זכורך אל ]את[ פני האדן יהוה‬. The deity
of CC provides blessing to the people just as Hammurabi provided well-being
to his people. He even comes (‫ )בוא‬to the cult site like the gods who “enter”
(erēbum) the Esagil temple, though Yahweh appears in theophany, not by ritual
procession as implied by the Akkadian verb.
The admonition to a future king to follow Hammurabi’s laws and example of
justice is reformulated as an address to all the people to follow justice in 23:1–8.
Hammurabi’s admonition to the future king also contains an inverted structure.
While this is imperfect and may not have been intended as a pure chiastic struc-
ture, the structure is obvious even in a casual reading. This presumably served
as the stimulus for the creation of the more balanced and thus intended chiastic
structure in Exodus 23:1–8.
The only element of the final apodictic laws that is unaccounted for in terms
of the string structure and topical correspondence with the exhortatory block
is the very brief general command in 23:13a: “Be observant with regard to all
that I have said to you” (‫ִשּׁמֵרוּ‬
ָ ‫)ובכל אשר אמרתי אליכם תּ‬. Though out of order with
respect to the exhortatory block, this nevertheless corresponds with a general
command to the future king in that block: “let him keep the words of justice
that I have written on my stela” (awât mīšarim ša ina narîya ašuru liur; col.
48:64–67) and “let him be obedient to the words that I inscribed on my stela”
(ana awâtim ša ina narîya ašuru liqūlma; col. 48:78–79). Exodus 23:13a is
placed where it is perhaps to signal the coming end of the collection and to
emphasize the final topic of festivals and cult (23:14–19).
The placement of sections of apodictic law around the casuistic laws of
21:2–22:19 was done in imitation of the overall A-B-A structure of LH (pro-
logue/casuistic laws/epilogue). The theme of cultic activity that pervades the
prologue helped determine the cultic theme of the initial apodictic laws, as
opposed to the final apodictic laws, which also include socioeconomic and judi-
cial themes that are visible in the epilogue and especially the exhortatory block.
An apparent desire to legislate and perhaps the composition of CC in a larger
narrative that provided context allowed CC to replace praise of the king, as
found in the prologue and epilogue, with law. Moreover, the primary motiva-
tion for CC’s apodictic formulation in its outer A-sections was the injunctive
style of the exhortatory block.
Hammurabi’s prologue also influenced the transitional introduction to the
casuistic laws in 21:1 (“These are the laws that you shall set before them” ‫ואלה‬
‫)המשפטים אשר תשים לפניהם‬. The end of the prologue, just before the casuistic
laws, reads: “I placed truth and justice in the mouth of the land” (kittam u
mīšaram ina pī mātim aškun; col. 5:20–24). CC put its transitional introduc-
tion in the same position relative to the casuistic laws. CC’s introduction also
reflects the content of the transitional introduction into the epilogue in LH:
“(These are) the just laws that Hammurabi, the capable king, established”
(dīnāt mīšarim ša ammurabi šarrum lē’um ukinnūma; col. 47:1–5). The use
of the epilogue otherwise presumably facilitated CC’s use of the essence of this
later transitional introduction in the formulation of 21:1.
In the broader context of similarities with LH, the correspondences between
the CC’s final apodictic laws and Hammurabi’s exhortatory block continue the
sequential correlation between the two collections. Both collections change
genre at basically the same point and specifically at the end of the casuistic
laws of LH. Their topical correspondences continue into the concluding sec-
tions (epilogue // final apodictic laws) to augment the fourteen correlations
observed in table 1.1 with the four additional correlations in string I as outlined
in table 1.6 (see also table 3.1 in chapter 3), for a total of eighteen sequential
correlations.
The similarities just described are unique to CC and LH. No other known
cuneiform law collection has as many and pervasive similarities with CC as
does LH. And no other biblical collection has as many similarities to LH as
does CC, in whatever order. CC thus bears the unique fingerprint of LH.
The beginning of this introduction noted several conclusions stemming
from the observation of CC’s textual dependence on LH. These can be outlined
in more detail here. One is that the date of CC’s composition is best located in
the Neo-Assyrian period. This period attests the most copies of LH outside the
Old Babylonian period, in which LH was first composed. The Neo-Assyrian
period, specifically within the hundred-year period of 740–640 BCE, was a
period of intensive cultural contacts between the Assyrian imperial power
and the subjugated states of Israel and Judah. While we do not find full-blown
Akkadian scribal schools in Syria-Canaan, such as existed back in the Middle
and Late Bronze Ages, there is every reason to believe that some Israelites or
Judeans would have been schooled in the language and texts of their Assyrian
overlords out of political necessity.
The correspondences with LH and considerations of dating further indicate
that CC is an essential unity. Many of the features that scholars have identified
as evidence of redactional supplementation must be understood as original to
the basic version of CC in view of the correspondences with LH and the con-
comitant systematic revisions of that source. In fact, in many cases deviations
in style and context actually turn into evidence of the use of LH and other
sources. In most cases, these deviations can be attributed to the process of
combining different sources, combining materials from different places in a
source, and creative revision and expansion. Some room is possible for viewing
laws and phrases with second-person plural forms, scattered throughout the
apodictic laws, as secondary. But if they are, they were composed within the
same generation that the basic edition of CC was created on the basis of LH,
following its pattern. Nonetheless there are other explanations for the second-
person plural elements that must be considered that allow them to be viewed as
part of the foundational formulation of the text.
The third corollary of CC’s broad dependence on LH is that CC is largely
an academic abstraction. CC’s laws do not arise from court proceedings or
otherwise from everyday Israelite or Judean legal practice. Nevertheless, native

perspectives have been incorporated in some places. These are more visible
in the apodictic laws, which speak about unique Israelite/Judean customs and
interests such as festivals, seventh-day rest, the altar, particular types of sacri-
fices, the immigrant, and similar topics. As we will see, the participial laws of
21:12, 15–17; 22:17–19 also reflect the use of a brief native law source.
A fourth ramification is that the purpose of CC may be political and ideo-
logical. CC replaces the political paradigm of a royal Mesopotamian lawgiver
with that of Yahweh as lawgiver. CC also identifies the immigrant (‫ )גר‬as a chief
object of the law-giving deity’s concern, a status that the text says the Israelites
had while subject to Egyptian power. The concern about the immigrant and
other impoverished statuses begins each of the two strings of the final apodictic
laws. The casuistic laws begin with a similar concern, the debt-slave, specifi-
cally called a “Hebrew” slave, an adjective referring to national identity. This
political reconfiguration in CC over against LH can be viewed as a way of
asserting symbolic superiority in the face of actual political oppression. By rep-
licating the essence of the chief exemplar of Mesopotamian law, but rearticulat-
ing the nature of sovereign power, CC turns LH against the foreign overlords of
Israel and Judah. The ideological force of CC is underscored by its apparently
having been created in connection with a larger narrative of enslavement and
deliverance from Egypt (see chapter 12).
Earlier Explanations
As noted already, most scholars reject a model of literary dependence. Some

even disparage this as outdated and unsophisticated.21 Hans Jochen Boecker,
for example, set out methodological cautions in his introduction to biblical law.
He cited Paul Koschaker’s influential caution from 1935:22
The days when opinion concluded from the substantial agreement of legal
principles in two different codes to the derivation of the later from the
earlier code, without further qualification . . . are over, or, perhaps more
accurately, should be over. The use of the comparative method in the his-
tory of law has taught us that we must generally reckon on independent
parallel development, that this gives the likely explanation for concur-
rences in different codes, and that direct influences are to be accepted
only where they can be actually proved or at least made probable. . . . It
would in any case be a rather primitive idea to believe that people import
laws like foreign goods.23
Boecker added in summary: “Today no one would claim a direct dependence
of the BC [= CC] on Hammurabi’s code.”24 After echoing Albrecht Alt’s obser-
vation that there are too many discrepancies between CC and LH to make a
claim of dependence,25 Boecker cited W. Preiser: “A direct literary dependence
on Hammurabi’s ‘law’ or on any other of the law collections from the near
east . . . cannot be proved; in fact, given the enormous temporal and geographi-
cal distance, it is anything but probable.”26 Boecker then went on to advocate
for the view that casuistic law in CC and the Bible derives from Canaanite oral
tradition.27
More recently, Ralf Rothenbusch and Eckart Otto have criticized arguments
of literary dependence as simplistic and uninformed. After a review of argu-
ments for literary dependence, Rothenbusch said:
One must understand these first attempts, against whose methodological
inadequacy serious criticism has been raised, as “naive” understandings
of a complex cultural transfer, which have completely disregarded the
relevant socio-economic circumstances.28
In specific reaction to John Van Seters’s claim of a literary connection to LH
and other cuneiform literature, though in the Neo-Babylonian period, Otto
observed:29
A better knowledge of cuneiform legal material could have shown Van
Seters that the hypothesis of direct reception of the Codex Hammurabi
(CH) by J is a far too simple solution for the complex legal transfers
between cuneiform and biblical law. The closest parallel to Exod 21:35–
36 is not CH §§250–252 but §53 of Codex Eshnunna (CE) [=LE]. That an
exilic J could get in contact with the CE, which was written in the first
half of the second millennium B.C.E. and had no tradition-history after the
fall of the kingdom of Eshnunna, is, as the reviewer . . . 30 and others have
tried to show, rather improbable.
These admonitions unquestionably have a foundation. The points of correspon-
dence that earlier studies identified as evidence for literary dependence were
sometimes striking but relatively limited in scope, and they were not systemati-
cally examined and explained.31 These studies also did not tell us how CC came
by or produced its distinctive formulations if it did use cuneiform sources. A
traditions model seemed more reasonable, especially in view of the several
evidential considerations and assumptions reviewed at the beginning of this
chapter.
To provide relief for the conclusions of the present study, the most recent
explanations by the traditions school, by Eckart Otto, Raymond Westbrook,
Ludger Schwienhorst-Schönberger, Ralf Rothenbusch, and Bernard Jackson,
are worthy of brief review. Other recent scholarship may be consulted for a
complete review of the literature on CC.32
Otto argues that CC emerged incrementally and organically from real deci-
sions of local courts in Israel’s rural countryside.33 The earliest laws existed as
independent embryonic units that were free of influence from cuneiform tradi-
tion. For example, the original assault and deposit laws consisted respectively
of 21:18–19, 22 and 22:6, 7aα [plus some now missing text in this verse], 9a,
11, 12, 13, 14a. These and other individual units were expanded by scribes in
Israelite towns. The assault laws, for example, were supplemented to include all
of 21:18–32, and the deposit laws to include 22:6–13. Otto says that influence
from Mesopotamian legal tradition is visible in CC at the later stage, mainly
in redactional and organizational techniques, such as presenting a series of
alternating cases and chiastic arrangement. But he emphasizes that the content
of CC’s laws did not arise from Mesopotamian influence.34 That the content
of CC laws is native is demonstrated primarily by CC’s numerous prescrip-
tive differences with cuneiform texts.35 Otto is in agreement on this point with
other studies that claim that differences indicate that CC had an independent
origin.36 Traditions of Mesopotamian editorial techniques reached Israelite
scribes indirectly through Canaanite tradition rooted in the second millen-
nium.37 Otto argues further that various redacted subcollections (e.g., 21:2–11;
21:12–17; 21:18–32; 21:33–22:14; 23:1–8) were eventually brought together and
joined to form two larger collections: 21:2–22:26 (augmented with 20:24–26)
and 22:28–23:12. These were finally combined, with additions, to produce CC
more or less as we have it.38
Westbrook does not view the similarities in content between CC and Near
Eastern law collections as coincidental.39 They are due to a common law tradi-
tion that spread throughout the ancient Near East and perhaps even to some
extent into the Greco-Roman world.40 However, this tradition consisted not
so much of the laws themselves but of “standard problems” or “school prob-
lems” that were considered and answered independently by each society. This
intellectual task and process produced similar legal formulations.41 The dif-
ferent societies often confronted similar problems by asking questions about
variables in legal circumstances, hence leading to different solutions and dif-
ferences in compared laws.42 Westbrook implies that the common law and tra-
dition of standard problems reached Israel ultimately through the influence of
second-millennium Akkadian scribal tradition in Canaanite cities43 and may
have been mediated by the Phoenicians.44 Westbrook finds an analogy for the
oral transmission of Near Eastern legal ideas or problems in the model of oral
tradition and the creation of law in the Talmud.45 As for the development of
the text of CC, Westbrook has argued that the models of textual growth sug-
gested by scholars such as Otto or Schwienhorst-Schönberger are inconsistent
with the editorial evidence of cuneiform analogues. One must assume that the
text is coherent and consistent. The perception of inconsistencies is due to our
ignorance.46
Schwienhorst-Schönberger’s study, like Otto’s, is concerned with charting
CC’s redactional history. The similarity of CC’s content to Near Eastern law
is due to tradition preserved in scribal schools originating in the west in the
second millennium, when Mesopotamian legal texts and cuneiform legal tradi-
tions would have been known there.47 This school tradition continued in some
form into the second millennium and was taken up by the Israelites.48 Rather
than consisting of Westbrook’s common problems or questions, this tradition
may have been rather specific and may have, in addition to its largely oral
content, included some unknown mediating texts that influenced CC to some
degree. Textual influence is most likely in the law about an ox goring an ox in
Exod 21:35, which is very close to LE 53.49 The laws about an ox goring a human
may also be dependent on a text.50 It should not be assumed, however, that CC
is dependent on LE or LH directly in these cases. Schwienhorst-Schönberger
contends that from this partly oral, partly written scholastic tradition, the basic
casuistic law book of CC was first constructed,51 with some expansions.52 At
its earliest stage, the text of CC was rather secular. A theological orientation
was imposed on the text by a later “divine law redaction” (gottesrechtliche
Redaktion),53 characterized by the first-person voice of deity. Most of the sec-
ond half of CC (22:17–23:9*) comes from the divine law redaction, as well as
the frame of 20:24–21:11* and 23:10–19*. A number of additions were made,
mainly to the apodictic sections of the text, when CC was incorporated by
Deuteronomistic editors into the Sinai narrative.54
Rothenbusch’s monograph is the most thoroughgoing attempt to date to
describe and explain the similarities between CC and Near Eastern law.55 For
him, the correspondences are due to Mesopotamian influences on the west
in the Middle Bronze and Late Bronze Ages. This tradition was maintained
orally in the Phoenician sphere and transferred to Israel-Judah in the monarchic
period, when CC was finally composed. He says that this did not involve writ-
ten sources, even though there are remarkable similarities with LH and other
cuneiform sources.56 For example, with regard to Exodus 21:18–32, he says:
. . . in addition to the striking parallels in content, the overall complex
correspondences of Exod 21:18–27 and LH 196–214 [the assault laws]
make a tradition-historical [but not textual] connection between the two
traditions very likely in my view. That is further verified in what follows,
particularly in Exod 21:28–32 [the ox laws].57
He also doubts that Exodus 21:35 relied on a source with a law similar to LE
53.58 As for the history of the text, the original basic casuistic laws included
21:2–11, 18–22:16. These were created as an essential unity from the oral tradi-
tion just described.59 Only a few passages are secondary.60 Rothenbusch thinks
the casuistic collection was written in a rather short period and that many of
the stylistic or contextual tensions and evidences of development may actually
be due to the redaction of older materials. The apodictic laws are additions,61
but the elements often identified as Deuteronomistic within these are actu-
ally proto-Deuteronomistic. So are elements of the associated narrative that
have been considered Deuteronomistic.62 The final redaction of CC is similarly
pre-Deuteronomistic.63
Jackson has proposed a five-stage model of development for CC, similar
in several respects to Otto’s model.64 Basic laws originated first in oral form.
These basic laws were like the short rules or principles found in biblical sto-
ries.65 These early laws were mainly prosecuted by the wronged party himself
or herself without the need of judicial review. Hence they operated at a level
of popular wisdom.66 Next, small groups of casuistic laws on specific topics
were created. A third stage brought together these small groups of laws into
intermediate collections, and these were later brought together into the first
and basic edition of CC, consisting of casuistic laws. Finally, the collection
was expanded with the apodictic laws and incorporated into the narrative.
According to Jackson’s model, the laws grew up organically within an Israelite-
Judean context. Nevertheless, he allows for some influence from Near Eastern
law in the conversion from the oral to the written stage:
The paragraph of casuistic laws . . . represents an important step in the
movement of the law from orality to literacy. Its form may well have been
influenced by ancient Near Eastern exemplars, particularly the Laws of
Hammurabi. It does not follow, however, that the content was equally
influenced; moreover, the literary form of both the “intermediate collec-
tions” and the Covenant Code may, on this account, have been generated
by internal considerations.67
His judgment about the indigenous nature of the content agrees with Otto. But
despite this, Jackson allows for some influence on content at certain places.
With regard to the ox law in 21:35 (similar to LE 53), he says:
What may well have originated as a common customary practice was
followed in both cultures by reduction to writing, and, whatever the
source of the common custom, the biblical reduction to writing appears
to have been influenced by its literary antecedent. True, this particu-
lar law has no parallel in Hammurabi, even though the latter collection
does deal with the homicidal ox, and there appears to be no possibil-
ity that the Laws of Eshnunna were actually known to the authors of
the Mishpatim, even though the Laws of Hammurabi might have been.
However, the parallel is so close, in terms of both content and language,
that the hypothesis of a literary intermediary, no longer available to us,
appears inevitable.68
In addition to the preceding recent main studies, a number of scholars have
suggested an “Amorite hypothesis,” though they have not developed this in
detail.69 This thesis views CC and second-millennium Mesopotamian collec-
tions as developing from a common tradition, perhaps Amorite, which fed
into LH and CC. The reason for adopting this conclusion is that some of CC’s
laws are thought to be evolutionarily anterior to the corresponding laws in LH,
hence CC’s laws cannot come from LH.70 It is also argued that the Middle and
Late Bronze Ages were unlikely times for Mesopotamian legal traditions to
become entrenched in the west.71 A few scholars adopt this thesis by crediting
the patriarchal stories in Genesis with some basic historical value. Israel’s legal
heritage goes back to ancestors who early on had some sort of association with
Mesopotamia culture.
Even though most scholarship follows a traditions explanation for the simi-
larities that it has identified between CC and Near Eastern law, a few recent
works have nonetheless have kept the question of literary dependence alive,
even though they have not necessarily advanced significantly new evidence for
this conclusion.72 Finkelstein’s monograph on the goring ox surmised that there
might be a more substantial connection between CC and Near Eastern law.
For him, “the appearance in the Covenant Code of much of the subject mat-
ter found in the Mesopotamian law corpora cannot plausibly be explained as
coincidental” and “the specific wording of the biblical rules of the goring ox is
so close to that of the cuneiform antecedents that any explanation of the resem-
blances other than one based on some kind of organic linkage is precluded.”73
He explicitly rejected oral tradition as an explanation for the goring ox laws:
It does not help to fall back upon the assumption of an oral tradition, for
we would still have to account for a gap of hundreds of years. Moreover,
the form which the goring-ox laws take in the Covenant Code is so close
to its cuneiform analogues that it bespeaks the presence in Palestine of
an almost canonical knowledge of the precise phraseology of the earlier
Akkadian formulations. There is, in short, no certain way at present of
explaining the verbal identity between sources that are perhaps as much
as five hundred years and as many miles apart. But the fact of this iden-
tity is incontrovertible and compels us to postulate an organic linkage
between them even if this linkage cannot be reconstructed.74
In a discussion noting that the goring ox laws appear to be an academic formu-
lation rather than a reflection of legal reality, Finkelstein said:
It is . . . the very unlikelihood of such an accidental occurrence [of simi-
lar goring ox laws in both LH and CC] that makes us concede that the
biblical goring-ox laws must have been dependent upon their literary
Mesopotamian prototypes; it would be too unreasonable to posit that
such an unusual incident occurred also in early Israelite experience, and
then became quite independently the source of the goring-ox laws of the
Book of Exodus.75
He left the exact source undefined: “the biblical rules derive their inspiration
from these earlier [Mesopotamian] prototypes or from as yet undiscovered
sources that, in turn, derived from Mesopotamian prototypes.”76
Meir Malul examined the issue of comparative methodology and its proba-
tive value for making conclusions for genetic connections between CC and
LH by using the goring ox laws as a test case in a monograph that, interest-
ingly, was published a year before and in the same series as Otto’s study that
emphasized the lack of connection between CC and cuneiform law.77 Malul
concluded:
By applying the clear and objective criteria discussed above, this study
arrives at the unmistakable conclusion that the biblical laws of the goring
ox, contrary to the views held by some scholars, are closely dependent
upon their Mesopotamian counterparts. Furthermore, it suggests that the
biblical author or editor knew first-hand the Mesopotamian law and that
he may have even had a copy (or copies?) of them in front of him when he
composed or edited his biblical version.78
For him, the source for CC’s laws went back to Late Bronze cuneiform sources
in Syria-Canaan. He was not any more precise than this. He faced the same
problem as Finkelstein: explaining the similarities in view of the disappearance
of cuneiform scribal schools in Syria-Canaan at the end of the Late Bronze
Age, before the birth of Israel, and well before the drafting of CC.
Cornelis Houtman, assessing the approaches by Malul and Otto, judged
Malul to be closer to the truth. He said of Otto’s conclusions that
the Israelite stipulations originated independently of extra-biblical laws,
and that Mesopotamian influence cannot be shown until the redaction
of the bodies of law, are not convincing. The similarities are so specific
that familiarity on the part of the writers of the covenant book with the
legal traditions of the ancient Near East is virtually certain. The ques-
tion whether the Israelite writers “possessed” the legal texts from the
“Umwelt” in the form we know them, or whether they knew the legal
traditions from “a common Near Eastern legal tradition and practice”
. . . assuming that these ever existed . . . is here of lesser importance.79
Houtman’s analysis of CC, however, for the most part treats the laws as reflec-
tions of actual practice. He notes that “knowledge of the legal texts from Israel’s
‘Umwelt’ can aid in understanding the laws of the covenant book. However,
one has to keep in mind that the covenant book appears to bear the stamp of the
local and societal situation of the writers/compilers.”80 This theoretical tension
exists implicitly in several other studies that try to make sense of the laws as
real practice yet influenced by Near Eastern tradition. The more beholden the
laws are to academic tradition and sources, the less they would seem to reflect
actual native Israelite or Judean law.
John Van Seters has attempted to solve the problem of CC’s sources by
situating the composition of CC in the Babylonian exile.81 Here, CC’s author
became acquainted with LH. Van Seters even went as far as to say that the
author of CC may have been familiar with the stela text of the laws, an inter-
esting though unverifiable proposition.82 But he did not significantly develop
the evidence for CC’s dependence and never explained in detail how the text in
the Neo-Babylonian period was influential. This omission was partly because
of his interest in proving another textual thesis, that CC was produced by the
Yahwist in the exile and that CC also grew out of the laws of Deuteronomy and
the Holiness Code. Van Seters’s relative dating of CC to the other biblical law
corpora, and hence his textual history, cannot be accepted. Evidence clearly
shows that CC is earlier than Deuteronomy and the Holiness Code. These
other collections, in fact, depend on and develop CC.83 If Deuteronomy’s basic

laws date to no later than the end of the seventh century, then CC must be
preexilic.84
Reaction has been split to my first published paper that laid out the basic
thesis that this book expands. In his lengthy review of Van Seters’s thesis,
which included reference to my study, Bernard Levinson agreed that at least
the casuistic laws of CC depend on LH in the Neo-Assyrian period.85 He used
this evidence against Van Seters to demonstrate that CC was, in fact, not exilic.
Levinson bolstered the evidence that my earlier work presented for CC’s use of
LH in the Neo-Assyrian period. This is included at the appropriate points in the
present book. Levinson, however, did not agree with my arguments about the
dependence of the apodictic laws on LH. But then, when he wrote, I had not yet
discovered the more persuasive evidence for the dependence of the apodictic
laws, presented in depth in this study.
Bruce Wells, on the other hand, has demurred at the whole of my genetic
argument. In a response to my initial publication, he sought to demonstrate that
CC is too dissimilar to LH to be dependent upon it.86 He proposed and employed
a method for quantitatively evaluating the degree of similarity between laws to
show that CC has fewer correspondences with LH than my study claims. He
also argued that because CC could not have been dependent on other nonbib-
lical legal texts (apart from LH) to which it has similarities, because of the
unavailability of those texts, one should not make the conclusion that CC was
dependent on LH. Wells also critiqued the common sequence of laws that I
identified between CC and LH (as outlined in table 1.1). He argued that the
remaining smaller number of similarities that might be observed between CC
and Near Eastern law texts, whether in content or order, are to be explained by
“meta-traditions,” that is, the general diffusion of common legal ideas across
the ancient Near East.87 I have already responded to Wells’s arguments in a
separate publication. Some of the methodological issues that he raises, how-
ever, I briefly address later in this chapter.88
In a recent article reviewing the state of the study of biblical law, Westbrook
has similarly critiqued my argument that CC’s casuistic laws were dependent
on LH.89 He finds the conclusion simplistic, saying, “like all simple solutions it
only works well if reality were as simple.”90 His primary specific objection is
that many of the identified similarities are, in fact, not really similar and that
CC has similarities to other law collections besides LH:
[Wright] can only achieve [his conclusions] by special pleading, forcing
the laws into categories that make them a match, or seizing upon the
most tangential resemblances as evidence of influence. Even then, there
remain a hard core of laws that resist “Hammurabification” [i.e., attribu-
tion to LH], such as the case of the ox goring an ox (Exod 21:35), which
is only found in CE [LE] (53), or the burning of a neighbor’s field (Exod
22:5), which is found only in HL [HtL] (106).91
This observation seeks to shift the focus of evidential attention by downplay-

ing CC’s pervasive similarities to LH and emphasizing CC’s more incidental
(but significant) similarities to a variety of other cuneiform texts. This frees
Westbrook to argue for the view, described previously, that similarities are
due to common responses to legal problems that circulated through the ancient
Near East.92
A primary reason that recent scholarship has not been more willing to enter-
tain the possibility of literary dependence of CC on LH has been its recognition
of only part of the evidence of similarity between the texts. Only a few works
have identified sequential similarities between the texts. The work that has
seen the greatest number previously is Gregory Chirichigno’s relatively recent
study of debt-slavery.93 He extended the observations made by Volker Wagner
about the logic and organization of CC and how the collection reflects to some
degree the order of LH.94 Of my list in table 1.1, Chirichigno observed corre-
spondences 1, 3, 4,95 5, 7, 8, and 9. He also noted that Exodus 21:2–11 contains
laws related to marriage and family, the concern of LH 127–194.96 He further
compared the deposit and hire laws in Exodus 22:5–15, though as a block, with
LH 228–277 (and with LH 120–126). This block covers correspondences 12–14
of my list. I made my observations about the sequential correlations between
CC and LH prior to reading his work.97 Thus his observations provide inde-
pendent confirmation of many of my judgments. This counters Westbrook’s
assertion that special pleading is involved in the evidence that I perceive. But
Chirichigno did not endeavor to give a thorough explanation for the similari-
ties he observed. He only says, following Wagner, that a Schultradition98 was
probably responsible for maintaining these similar blocks and ordering of laws,
perhaps from a common Amorite source.99
Second to Chirichigno in the number of observed sequential similarities is
Van Seters’s recent study, noted previously. He identifies correspondences 4
(though just striking a parent), 5, 7, 8, and 10 listed in table 1.1.100 He also rec-
ognizes that the second half of CC’s casuistic laws (21:37–22:14) has a thematic
connection to the first half of LH, which correlates in part with the conclusions
of this study (see part II). In contrast to Chirichigno, he claims that sequential
similarities are evidence of literary dependence on LH. But Van Seters presents
the data very schematically, without detailed commentary. He also denies the
patent correlation in the debt-slavery laws of 21:2–11 and LH 117.101 Thus Van
Seters’s analysis is of limited use and evidential force.
Neither Van Seters, Chirichigno, nor any other scholar has observed correla-
tions with LH in CC’s apodictic laws.102
Similarities, Proof, and Compositional Logic
Part I of this study surveys the new primary evidence regarding sequential and
topical correlations with LH that run through the entirety of CC. Chapter 2 is
devoted specifically to the casuistic laws, and chapter 3 to the apodictic laws.
This presentation allows a reader to comprehend the basic evidence as a whole
without the distraction of detailed commentary on issues peripheral to the pri-
mary textual correlations. Part II provides this commentary and in doing so
augments the evidence for the dependence of CC on LH and other cuneiform
sources.
The question may be raised whether the observed similarities in part I and
later in part II indeed prove that CC is dependent on LH. Is not this an instance
of the “similar-hence-dependent-fallacy” that has been criticized in earlier con-
siderations of the comparative method?103 Undeniably, similarity by itself does
not definitively demonstrate the dependence of one text on another. As earlier
studies have noted, similarities can be considered signs of genetic relationship
only when evidence for an opportunity of cultural exchange exists.104 To this
end, chapter 4 in part I outlines the evidence for cultural influence in the Neo-
Assyrian period. Unfortunately, we do not have a smoking gun—a copy or
even a fragment of LH from Israel or Judah dating to the first millennium. Nor
do we have during this period a scribe using Akkadian who can specifically
be identified as an Israelite or Judean. But there is considerable circumstantial
evidence indicating that some Israelite and Judean scribes would have received
basic Akkadian scribal education in the Neo-Assyrian period on account of
the necessities of international relations. Because LH was also actively cop-
ied as a scribal text during this time, it is a reasonable assumption that one or
more Israelite or Judean scribes would have been familiar with the text in some
detail.
Although similarity does not prove dependence from a purely theoretical
point of view, similarity can be so overpowering that, from a practical point
of view and within the context of cultural contact just characterized, it begins
to function as evidence of dependence. As M. L. West remarked in conclusion
to his study of western Asian influences on Greece, even though a route of
transmission in the diffusion of common ideas may be hard to define, nonethe-
less “a corpse suffices to prove a death, even if the inquest is inconclusive.”105
If this can be said about Hellenic and Near Eastern points of comparison, it
all the more applies to CC and LH. For this reason, most scholars who work
according to the traditions model postulate some sort of cultural or indirect
genetic link between CC and Mesopotamian law. Few claim that correlations in
content are purely coincidental. The argument of this study is that the similari-
ties now identifiable are so extensive that a mere traditions theory is no longer
viable. The mode of explanation must be advanced to the next level to explain
the greater force of evidence: CC must have used literary sources. Two models
are theoretically possible: CC either used a mediating text or texts, perhaps
in a Northwest Semitic language (Aramaic or Phoenician), transmitted from
the second millennium, which contained all the similarities found between
CC and LH and other Near Eastern law collections, or CC used LH directly,
along with a few miscellaneous and perhaps minor Akkadian legal texts, in the
Neo-Assyrian period. Chapter 4 argues that the most reasonable textual theory
is the latter.
A difficulty in describing the opportunity for textual dependence is that CC
contains substantial similarities to a few laws in cuneiform collections other
than LH, including the Middle Assyrian Laws, the Laws of Eshnunna, and the
Hittite Laws. Table 1.3 listed the primary examples. Correspondences with the
Middle Assyrian Laws are less of a problem because this collection is attested,
though marginally, in the Neo-Assyrian period. The Laws of Eshnunna and
the Hittite Laws, however, are attested only in the second millennium. Otto
and Wells use this fact to argue against a theory of textual dependence. The
present study contends that the similarities between CC and LH are of such a
nature that they allow for hypothesizing the existence, and CC’s use, of minor
or miscellaneous law collections in the Neo-Assyrian period that contained
laws similar to those in these other collections with which CC has similarities.
This speculation is thriftier than to suppose the existence and transmission of
all of the laws that CC has in common with Near Eastern law collections in the
west over several centuries.
Another objection will be that several of the similarities identified by this
study are not as strong as other similarities.106 This is true. Some of the individ-
ual points of comparison, in both the casuistic laws and in the apodictic laws,
are less striking than others.107 Moreover, some smaller points of comparison
that can be made in consequence of a conclusion of literary dependence that is
based on more substantial correlations may, in fact, be coincidental. If textual
dependence were to be judged on the basis of any single point of similarity,
especially a weak point of correlation, a literary connection to LH or Near
Eastern law would have to be viewed with extreme skepticism. But the force of
the comparative evidence lies not in any particular instance of comparison but
in its collectivity. It is not that we have a number of individual points of simi-
larity, but that the whole content and arrangement of CC largely correspond
with LH.
An attempt to discount the evidence of this study might be made by argu-
ing that there are too many differences in the individually compared laws and
in the text as a whole to posit literary dependence.108 But difference does not
undermine essential similarity. Moreover, it is not necessarily a sign of chrono-
logical distance between two texts. Differences may arise through the inten-
tional alteration of the source material, as Malul observed:
It should be emphasized that all scholars fully agree with Van Selms and
others that these differences do indeed reflect different basic world views
of the two laws systems. But if one assumes that these differences in
particular, and biblical law in general, reflect the unique ideas and world
views expressed in the Old Testament as a whole, then we thereby supply
the underlying rationale for the existence of these differences; if such a
rationale does exist, then the conclusion must be that we have here a later
adaptation of borrowed materials according to some ideological scheme

of receiving sources. And this is what Yaron has said: different ideologi-
cal views do not exclude the possibility that biblical law is indebted to its
Mesopotamian counterpart.109
A text that is quite different from a hypothetical source may actually be inti-
mately familiar with it and dependent on it.
The ideological transformations of a received source of which Malul
speaks are similar to the “hermeneutics of legal innovation” that Levinson
has described as operative in Deuteronomy’s reformulation of laws from
the Covenant Code.110 Few scholars would deny that the laws of CC and
Deuteronomy are genetically related.111 Levinson’s work, which builds on
Michael Fishbane’s study and method of inner biblical exegesis,112 shows that
a dependent legal text or any text, for that matter, can and in fact should be
expected to reconfigure its source as a function of ideological revision. In this
way, differences may actually arise from an intimate familiarity with, and
consequent reaction to, the source text.
Part II of this study accounts for the differences between the texts by study-
ing the hermeneutics of innovation, what I call the compositional logic,113
involved in CC’s transformation of its sources. It shows that what Levinson
sees going on between Deuteronomy and CC is already going on between CC
and LH and other sources. It is a process that continues later in biblical literary
history in the Holiness Legislation’s use of CC and Deuteronomy, and even
beyond into post-Hebrew biblical texts such as the Temple Scroll. As in the case
of Deuteronomy and the Holiness Legislation, one of the ideological consider-
ations that lies at the heart of the transformations in CC is the desire to create
law that solves problems in the source and thus to provide, relatively speaking
and within the vision of the new text, a more coherent body of legislation. This
way, CC attempts to assert cultural supremacy in the face of the reality of
political oppression. Common to both Levinson’s approach and mine is a con-
cern about how a text responds to and revises a prestige text.114 In both cases,
the dependent law source builds on a text with cultural authority. It thereby
gains an aura of authority from its source, even though it may hope to supplant
or marginalize its source.
Describing the logic used in the composition of the laws of CC is obviously
a matter of interpretation that involves some speculation. It takes as its start the
two compared texts and supplies the conceptual and textual operations neces-
sary to get from text A to text B. The reasonability of this endeavor’s getting
near the textual-historical truth is seen in the overall plausibility of the recon-
structions; the sense they make of particular terms, concepts, and structures of
CC that otherwise have been points of dispute or ambiguity; the identification
of similar compositional techniques (inversions in meaning and order, cross-
referencing, systematization, generalization of specific content, or polemical
response) in different laws; and the general consistency of the reconstructions
and compositional techniques with those operative in other biblical law texts
(Deuteronomy and the Holiness Legislation).
Given the likelihood that dependent texts revise their sources, there is no
way to calculate similarity and difference in a mathematical or statistical way
to provide an empirical measure of dependence or lack thereof. Various meth-
ods that have been proposed for identifying and judging similarity and differ-
ence are helpful but, in the end, not definitive.115 Each instance of comparison
has its own nuances and context to consider. Moreover, a determination of tex-
tual dependence, as noted already, grows out of an assessment of the totality
of the evidence, the context in which it appears, and in view of what can be
determined about the ideological transformation of the text.116 Ultimately, each
reader has to work through the evidence and make a judgment based on her or
his experience in adjudicating other cases of comparison between texts within
the Bible, between the Bible and other Near Eastern texts, and even between
texts from places and times other than the ancient Near East.117
PART I
PRIMARY EVIDENCE FOR DEPENDENCE:
SEQUENTIAL CORRESPONDENCES
AND DATE
In order to do first things first, this part of the study presents the new evidence
of sequential correlations between CC and LH. Chapter 2 examines this evi-
dence in the casuistic laws of the two collections, and chapter 3 examines it
in CC’s apodictic laws and Hammurabi’s prologue and epilogue. The discus-
sion, for the most part, remains an argument for dependence. Only occasion-
ally is it necessary to assume that CC has modified or used its sources in order
to explain the case for dependence. Description of CC’s compositional logic,
where dependence is presumed, is reserved for part II. The separation of these
two tasks is required for the clarity of argument. Nevertheless, the evidence for
the two law genres presented in chapters 2 and 3 is fleshed out and illuminated,
respectively, in chapters 5–10 and chapters 11–12. These later chapters should
answer all of the questions that arise in reading the schematic evidence pre-
sented in chapters 2 and 3, including questions about the differences between
CC and its sources. Though the primary argument for dependence is entailed
in chapters 2 and 3, the later chapters provide further evidence that CC has
indeed used LH and related sources. Because the substance and detail of the
laws is discussed in part II, most of the citation and discussion of the secondary
literature on CC’s laws is left until then.
Chapter 4 of part I follows up the primary evidential chapters with an exam-
ination of the date and opportunity for CC’s use of LH and other cuneiform
sources. It delineates the weaknesses in alternative theories for explaining the
29
30 Inventing God's Law
similarities. It also explores evidence of Israelite/Judean scribal literacy in

Akkadian in the Neo-Assyrian period, when this study argues CC was created,
along with the attestation of LH in this period. It starts to address, too, the ques-
tion of the unified composition of CC.
2
The Casuistic Laws
The middle section of the Covenant Code, nearly two chapters in length (21:2–
22:19), consists of laws formulated mostly in casuistic form.1 This matches the
genre of the central body of laws in the Laws of Hammurabi. This general cor-
relation has been noted by scholars ever since the discovery of LH at the begin-
ning of the twentieth century. But what scholars have not recognized is that the
laws or legal topics in the casuistic laws of CC and LH share almost the same
sequence. These points of similarity, fourteen by my numbering, account for the
majority of CC’s casuistic laws. Several of the casuistic laws of CC that do not
follow this basic order still have correspondences with LH. The remaining few
casuistic laws have similarities to laws in other cuneiform collections. This evi-
dence, coupled with the specific similarities between individual laws, is the prin-
cipal evidence of CC’s dependence on Akkadian sources and LH in particular.
This chapter outlines this evidence. Chapter 1 and table 1.1 already pro-
vided a summary of the sequential correlations. A reader can refer to back to
this table to view the evidence schematically and synoptically.2 The discussion
of the fourteen points of correlation in this chapter follows the enumeration
of cases in that table. Tables 1.2 and 1.3 in chapter 1 summarize, in addition,
miscellaneous correspondences between LH and other collections that comple-
ment the primary data outlined in table 1.1. These cases are also briefly dis-
cussed in this chapter, mainly toward the end.
Because this chapter is a survey of the evidence, the full texts are not
presented side by side for comparison. These can be found in part II at the
31
32 Primary Evidence for Dependence
appropriate points of discussion. Page references are given after each topic
heading in this chapter to allow a reader to consult these texts when desired.
The discussion in the present chapter, however, cites enough of the texts to
allow perception of the basic evidence without having to turn pages.3
The discussion here is brief and lightly documented in order to make the
evidence of the sequential correlations clear. Detailed discussion is left for
chapters 5 through 10, which will answer queries and objections that arise in
the reading of this chapter. The later chapters also explain the techniques of
composition that CC apparently used and that are mentioned only briefly in this
chapter. These techniques include the notable and frequent feature of cross-
referencing, where a theme in the sequential pattern of LH led CC to bring in
related legal material from outside that sequence.
Before we go to the survey of the evidence in this chapter, I should note that
the counting of fourteen topics of comparison in the casuistic laws is more to
facilitate analysis than to make a precise statistical statement. A reader might
want to combine topics 1 and 2 (debt-slavery of a male and a daughter) into
a single category because they are parallel in their reflection of the sequence
of LH. Another reader might also want to combine topics 5 and 6 (injury and
homicide of graded social classes) because they are two aspects of one legal
category. Yet another reader may wish to split the single topic 8 into two: talion
and injury to a slave. Whether one counts twelve, thirteen, fourteen, or fifteen
topics, the individual points of similarity remain.
Furthermore, the descriptions of the topics themselves, such as “child rebel-
lion” or “crop destruction,” are only to facilitate comparison. They are not defin-
itive or comprehensive legal categories, as modern jurisprudence or broader
comparative legal analysis might choose for description. They certainly are not
proposed to mask differences or assimilate categories that are incomparable.
The following discussion fleshes out what is entailed evidentially by each topic,
and it is this to which the reader’s attention should be primarily directed.
1. Temporary Debt-Slavery of a Male (21:2–6; texts

on pp. 124, 133–134)
The basic laws for male and female debt-slavery in 21:2 and 7 correlate with LH
117. The subsequent laws in each passage of CC (vv. 3–6 and 8–11) correlate
for the most part with various laws between LH 117 and 192, laws that mainly
deal with family issues. Hence verses 2–6 and 7–11 are parallel in their reflec-
tion of the sequence of LH. Even so, I will treat them here as distinct instances
(numbered 1 and 2) in this review of correspondences with LH.
The basic male debt-slave law in 21:2 corresponds with LH 117 in several
respects. Both presume a case of indebtedness that is resolved by enslavement
to a creditor. In both, the person entering into servitude is a member of the free
class in society. The beginning of the two laws starts with description of the
enslavement of the debt-slave: “when you buy a Hebrew slave” (‫;)כי תקנה עבד עברי‬
The Casuistic Laws 33
“if an obligation seizes a man and he sells his wife, son, and daughter” (šumma
awīlam e’iltum ibassuma aššassu mārāšu u mārassu ana kaspim iddin).
Though CC refers to buying and LH to selling, LH refers to a buyer later in
its apodosis: “they shall work in the house of their buyer or creditor for three
years; in the fourth year their freedom shall be effected” (šalaš šanātim bīt
šāyimānīšunu u kāšišīšunu ippešū ina rebûtim šattim andurāšunu iššakkan).
CC’s apodosis is similar to that of Hammurabi’s law in limiting the length of
this enslavement and has a similar syntax: “he shall work for six years; in the
seventh he shall go free without (further) obligation” (‫שש שנים יעבד ובשבעת יצא‬
‫)לחפשי חנם‬. The first clause in the apodosis of each text states the length of ser-
vitude, with the numeral at the beginning and the verb, referring to work, at the
end. The second clause specifies that in the next year, the enslaved person is to
go free, with the numeral again at the beginning.
The verses following the basic law in verse 2 have correspondences with
LH 117 and laws later in LH. Verse 3 mentions the possibility of a man coming
into servitude with his wife. This case is partly similar to LH 117: “If . . . a man
sells . . . his wife” (šumma . . . aššassu . . . ana kaspim iddin). Verse 4 deals with a
creditor’s giving a slave wife to male debt-slave; resulting children are slaves
and belong to the owner. This is the inverse of LH 175, according to which a
male slave marries a free woman and the resulting children are not to be treated
as slaves (for detail, see pp. 138–139).
Verses 5 and 6 provide another and even more remarkable case of inverse
correlation. According to these verses, when a debt-servant says, “I love my
master, my wife, and my children; I will not go free” (‫אהבתי את אדני את אשתי ואת‬
‫ ;בני לא אצא חפשי‬21:5–6), his ear is to be bored, apparently a symbol of his new
status as a permanent slave. This is the exact conceptual reverse of the very
last law of the Akkadian collection, LH 282: “If a slave says to his master (note
the similar citation of the slave’s words): ‘You are not my master,’ . . . his owner
shall cut off his ear” (šumma wardum ana bēlīšu ul bēlī atta iqtabi . . . bēlšu
uzunšu inakkis). CC’s requirement that the servant be brought “to the God” for
ear piercing is also like other judicial acts performed before the deity in LH (see
topics 12 and 13).
2. Debt-Slavery of a Daughter (21:7–11; texts

on pp. 124, 141–143)
The law about a daughter sold as a slave wife in verse 7 also correlates with
LH 117, as noted previously. Its protasis closely resembles the wording of the
Akkadian law: “If a man sells his daughter as a slave woman” (‫וכי ימכר איש‬
‫ )את בתו לאמה‬compared with “If . . . a man sells his wife, son, and daughter”
(šumma . . . aššassu mārāšu u mārassu ana kaspim iddin). Note that splicing
together the protasis of verse 7 with the apodosis of verse 2 produces the basic
outline of the law in LH 117: “if a man sells a family member, he shall work X
years, with release in year X + 1.”
The rule about taking a second wife in verses 10 and 11 corresponds with
LH 148–149, a law about taking a second wife when a disease has affected the
first. The laws in the two collections both allow taking another wife but require
maintenance of the first. The protases of both laws use similar language: “If he
takes another (wife) for himself” (‫“ ;)אם אחרת יקח לו‬If . . . he determines to take
another (wife)” (šumma . . . ana šanītim aāzim panīšu ištakan). Both laws use a
verb for “taking” to refer to the marriage, and both use just an adjective mean-
ing “another” to refer to the subsequent wife.
The maintenance of the first wife is described similarly: “he shall not with-
hold from her food, clothing, and habitation” (‫;)שארה כסותה וענתה לא יגרע‬4 “he
may not divorce his wife whom la’bum-disease seized; she shall stay in a dwell-
ing he builds and he shall support her as long as she lives” (aššassu ša la’bum
ibatu ul izzibši ina bīt īpušu uššamma adi balat ittanaššīši). Another law, LH
178, which deals with the support of an economically disadvantaged sister by
her brothers, has some similarity to the biblical law in its listing of three things
that are to be given to the woman (i.e., “they shall give to her food, oil, and
clothing” ipram piššatam u lubūšam inaddinūšimma). This law uses a Gtn form
of the verb našûm with the feminine suffix pronoun (i.e., ittanaššīši) to summa-
rize the threefold means of support that the sister is to receive. The same verb
form appears in LH 148 to describe the support the second wife is to receive.
CC could have accessed the motif of threefold support in LH 178 through the
common verb in the two Akkadian laws—a case of cross-referencing—to fill
out its law.
Both Exodus 21:11 and LH 149 end with a condition under which the woman
may leave, with a grant of some economic benefit: “if he does not do these
three things she may leave without further obligation; no (redemption or debt)
payment is due” (‫“ ;)ואם שלש אלה לא יעשה לה ויצאה חנם אין כסף‬if that woman does
not agree to dwell in her husband’s house, he shall restore the dowry that she
brought . . . and she may leave” (šumma sinništum šī ina bīt mutīša wašābam lā
imtagar šeriktaša . . . ublam ušallamšimma ittallak).
A general point to observe is that both debt-slavery law passages in CC (vv.
2–6, 7–11) are concerned with several of the topics in the family laws found
between LH 117 and 192 (excluding the deposit laws in 120–126). As we have
seen, the basic debt-slave laws begin with the motifs of LH 117 (i.e., vv. 2, 7),
and the subsequent laws that follow each reflect the motifs of LH 148–149, 175,
and 178.5 Thus the correspondences between CC and LH do not suddenly jump
from LH 117 to 192, even though at LH 192, CC’s correspondences with LH
become more extensive (see the following).
3. Homicide (21:12–14; texts on pp. 155–156)
CC’s densest correlations with the casuistic laws of LH begin with the homi-
cide law in 21:12–14. Verse 12 sets down the basic law: “he who strikes a man
so that he dies shall be put to death” (‫ ;מכה איש ומת מות יומת‬Exod 21:12). Verses
13–14 continue with the matter of inadvertence and asylum at a cultic “place”
and altar. CC’s law correlates with LH 207: “If he dies from his beating, he
shall also swear (that he did not intentionally kill). If he (the victim) is a free
person, he shall weigh out one-half mina (= thirty shekels) of silver” (šumma
ina maāīšu imtūt itammāma šumma mār awīlim 1/2 mana kaspam išaqqal).
This law depends contextually on the preceding law (LH 206), which describes
a case in which a man is only injured, and inadvertently so, in the fight. This
law, as we will see, correlates with the injury laws of verses 18–19. The reason
that CC’s homicide does not follow verses 18–19 can be explained by CC’s hav-
ing shifted the topic to the beginning of its assault laws, a logical reordering of
the text (see topics 5 and 6, later).
The homicide laws in CC and LH both attribute the victim’s death to strik-
ing, using the verbs ‫ הכה‬and maāum, both “to strike,” respectively. This cor-
relation of verbs is found in most other cases involving striking, examined later.
The homicide laws in the two collections also describe the result of striking as
death, using the Semitic root mwt “to die.” Furthermore, as noted earlier, both
laws are concerned about inadvertent homicide. LH 206, upon which LH 207
depends, defines the case as unintentional, when the assailant is to swear: “I
did not strike him knowingly” (ina idû lā amau). In LH 207, the individual
makes the same affirmation. Exodus 21:13 speaks about a case of killing with-
out intention (“he who did not plan it” ‫)ואשר לא צדה‬. Both laws also imply a legal
defense and a procedure for adjudication. LH 206 presumably requires the oath
of inadvertence to be sworn “before the god,” as explicitly required for other
legal declarations and oaths (cf. LH 23, 120, 266; chapters 5 and 6 will show
that CC understood this to mean at a sanctuary or temple). Exodus 21:14 implies
a decision by authorities at the sanctuary.
The detachment of the homicide law from the sequence of LH (LH 206–208)
can be seen as a factor in the creation of a full-blown and independent homicide
law in CC, in contrast to the dependent formulation in LH 207 (see topic 8,
later). A native participial source also appears to have influenced the divergent
participial form of verse 12 (see chapter 6). The reformulation of the homicide
law allowed the inclusion of other elements unique to CC, particularly the issue
of cultic “place” (‫ )מקום‬and altar, the second-person verb of the addressee, and
the first-person reference to deity, all based on the altar law of 20:24–26.
4. Child Rebellion (21:15, 17; texts on p. 193)
The laws on child rebellion in Hammurabi’s collection (LH 192–193, 195)

conclude the long series of laws pertaining to family matters (basically LH
117–191), of which the debt-slavery and marriage laws were part (see topics
1 and 2). Hammurabi’s child rebellion laws lead to the laws on striking and
other injuries. In CC, the child rebellion laws come after the homicide law (vv.
12–14). When CC’s homicide law is seen as having been moved up from its
later context in LH, CC’s child rebellion laws are effectively contiguous to the
family legislation entailed in the debt-slave laws.
The child rebellion laws in both collections agree in their presentation of
two types of cases, one in which a child physically assaults a parent and the
other where a child verbally reviles or rejects a parent. In LH, verbal abuse
comes first and specifically involves a son saying to a girseqûm (a male royal
attendant) or a sekretum (a female functionary) who raised him: “you are not
my father; you are not my mother” (ul abī atta ul ummī atti; LH 192). A com-
panion law follows in which the son seeks out his birth parents’ household (LH
193), thereby repudiating or showing hatred (zêrum) toward his foster parents.
Hammurabi’s law on striking is brief and mentions only one parent: “if a child
strikes his father, they shall cut off his hand” (šumma mārum abāšu imtaa
rittašu inakkisū; LH 195). The penalties in these laws correspond to the nature
of the misdeed: cutting out the tongue for rejecting foster parents; plucking out
the eye for seeking and identifying real parents; cutting off the hand for strik-
ing a father.
CC’s laws are in reverse order. The first speaks of striking (‫ )הכה‬a father or
mother (Exod 21:15). The second speaks of cursing (‫ )קלל‬a father or mother (v.
17). The penalty in both cases is death. The cursing does not appear to involve a
legal declaration that functions to emancipate the child from the parent, nor are
the parents described as foster or adoptive. Nevertheless, CC’s law is similar
in that the child verbally expresses his emotional antipathy toward his parents.
Chapter 7 demonstrates that the participial form in Exodus 21:12, 15–17 is pri-
marily due to CC’s using a participial law on cursing parents from a native
participial source to stand in for LH 192–193. This style was extended to all the
other nearby capital laws for consistency. Hence the divergent style in this part
of CC is actually a function of CC’s use of sources.
On the kidnapping and wet nurse laws (respectively, in Exod 21:16 and LH
194), which disrupt the laws on child rebellion in both collections, see later in
this chapter.
5. Striking in a Fight and Providing a Cure (21:18–19;

texts on pp. 155–156)
After the child rebellion laws in CC and after the laws on talion and humiliating
striking of LH 196–205, which come right after the child rebellion laws there,
the two collections have laws about physical assault and injury (Exod 21:18–19;
LH 206). We have already noted that LH 206 is the first law in a series of
striking laws that include the homicide law of LH 207 (see topic 3). While CC
has moved the homicide law from its location in Hammurabi’s series, it left
the injury law in its original position, just before the laws on striking one of a
lower class (LH 208 // Exod 21:20–21) and miscarriage (LH 209–214 // Exod
21:22–24) and, as noted, not far after the laws on the child rebellion (LH 192–
193, 195 // Exod 21:15, 17). As for the laws that intervene between Hammurabi’s
child rebellion and injury laws, CC moved the talion laws from its source (LH
196–201) into the miscarriage laws (Exod 21:23–25; see topics 7 and 8), and
it omitted the laws on humiliating striking (LH 202–205), a marginal topic
for CC.
The protases of the injury laws in the two collections place the assault in
the context of a fight: “When men fight and one strikes his fellow with a stone
or with a fist” (‫“ ;)וכי יריבן אנשים והכה איש את רעהו באבן או באגרף‬If a man strikes
another man in a fight and injures him” (šumma awīlum awīlam ina risba-
tim imtaama simmam ištakanšu). The verbs for striking are Hebrew ‫ הכה‬and
Akkadian maāum, the same as in the child rebellion and homicide laws. In
both cases, the victim does not die. The apodoses of both laws include the simi-
lar requirement that the striker pay for the recovery of the individual: “he only
need recompense him for his period of inactivity and provide for his cure” (‫רק‬
‫“ ;)שבתו יתן ורפא ירפא‬he shall satisfy the physician” (asâm ippal).6
6. Striking and Killing One of a Lower Class (21:20–21;

texts on pp. 155–156, 170)
The laws on striking an individual in the two collections (Exod 21:18–19 and
LH 206–207) are directly followed by laws about striking one of a lower class
(Exod 21:20–21; LH 208). LH 208 presumes and extends the case of 207 in
which a person is killed by a blow: “If the victim (killed by inadvertent strik-
ing) is a commoner, he (the assailant) shall weigh out one-third mina of silver”
(šumma mār muškēnim 1/3 mana kaspam išaqqal). CC’s law is discretely for-
mulated from 21:18–19 and deals with a slave: “If a man strikes his male slave
or female slave with a rod and he dies under his hand, he (the victim) is to be
avenged; but if he lingers for a day or two, he (the master) shall not suffer ven-
geance, since he (the slave) is his (the master’s) property” (‫וכי יכה איש את עבדו‬
‫)או את אמתו בשבט ומת תחת ידו נקם ינקם אך אם יום או יומים יעמד לא יקם כי כספו הוא‬.
CC’s treatment of a slave rather than a commoner can still be attributed to the
influence of LH, since it has a number of other socially graded laws that include
slaves, just before and after LH 208 (i.e., 196–205, 209–214, 215–217, 218–220,
and 221–223). The substitution of a slave for a commoner is also found in 21:27
over against LH 201 (see topic 8).
A logical gap appears in the conceptual flow of the laws in Exodus 21:18–19
and 20–21, which demonstrates their dependence on LH 206–208. Verses 18–19
deal with the injury of a free person, but verses 20–21 deal with the death of a
slave. In contrast, LH 206–208 moves logically from injury of a free person,
to death of a free person, to death of one of a lesser class.7 Exodus 21:18–21
lacks the middle case. The hiatus is explained by CC’s having moved the case
of homicide (LH 207) to the beginning of its striking laws (21:12–14). The
relocation of the homicide law also accounts for the independent formulation of
the law in 21:20–21 as opposed to the dependent formulation of LH 208.
CC’s slave homicide law also correlates with LH 116. According to this,
when a son, who is in servitude to pay off his father’s debt, dies from the beat-
ing (maāum) of the creditor, the son of the creditor is to be put to death. As
in CC, death is caused by beating, and the law implicitly allows beating the
servant short of death. In the context of this study, the author of CC would have
probably known this law because it immediately precedes and deals with the
same topic as LH 117, to which CC’s debt-slave laws correspond (see topics 1
and 2). The use of LH 116 about a debt-servant (nipûtum) in connection with
attention to the socially graded laws that involve a permanent slave (wardum)
in LH 196–223 explains the tension in the penalties of Exodus 21:20–21. The
exemption from responsibility corresponds to chattel-slave phenomenology in
LH, where an owner is presumably immune from penalty for killing his own
slave, and liability to vengeance corresponds to debt-servitude phenomenol-
ogy, where a creditor is answerable for causing the death of the servant. CC
has apparently conflated legislation on the two types of subjugated individuals
(see chapter 6).
7. Striking/Knocking a Pregnant Woman (21:22–25;

texts on p. 177)
The next laws in the collections deal with striking a pregnant woman and
causing a miscarriage and also the death of the mother (Exod 21:22–23; LH
209–214). Both texts begin with a case where the assault causes only miscar-
riage, with no injury to the woman: “When men struggle and they knock a
pregnant woman and her fetus comes out . . . he shall pay . . . ” (‫וכי ינצו אנשים ונגפו‬
. . . ‫ ונתן‬. . . ‫ ;אשה הרה ויצאו ילדיה‬Exod 21:22); “If an awīlum strikes an awīlum-
woman and he causes her to miscarry her fetus, he shall weigh out ten shekels
of silver” (šumma awīlum mārat awīlim imama ša libbīša uštaddīši 10 šiqil
kaspam . . . išaqqal; LH 209). LH describes the assault simply as a man striking
(maāum) the woman. CC has the assault in the context of two men fighting
(probably on the basis of vv. 18–19) and knocking (‫ )נגף‬the woman, though
in the end, like LH, only one of the men is imagined to be responsible for the
injury. Both laws prescribe a fine in this first case. LH requires ten shekels of
silver; CC requires the offender to pay the amount exacted by the woman’s
husband.
These laws are each followed by a case where, in addition to the death of
the fetus, the woman suffers. LH reads: “If that woman dies, they shall kill
his daughter” (šumma sinništum šī imtūt mārassu idukkū; LH 210). Instead of
this vicarious punishment, CC has talion law: “If there is calamity, you shall
pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn
for burn, wound for wound, injury for injury” (‫ואם אסון יהיה ונתתה נפש תחת נפש‬
‫עין תחת עין שן תחת שן יד תחת יד רגל תחת רגל כויה תחת כויה פצע תחת פצע חבורה תחת‬
‫ ;חבורה‬vv. 23–25).8 CC appears to have rejected vicarious punishment and
replaced it with a summary of Hammurabi’s talion laws from LH 196–201.
See topics 8 and 9. Hammurabi’s miscarriage law in any case implies that
the penalty must be equal to the crime. The Middle Assyrian Laws display
the principle of talion in connection with miscarriage more prominently than
Hammurabi’s laws (MAL A50, 52; see p. 182). Laws similar to these may
have guided CC to incorporate a summary of Hammurabi’s talion laws into
the miscarriage laws.
8. Talion Laws and Injuring a Slave (22:23b–27; texts

on pp. 186–187)
The talion laws (“eye for an eye,” etc.) in CC appear at the end of the miscarriage
laws (Exod 21:23–27), as just observed (topic 7). In LH, they appear somewhat
earlier (LH 196–201), between the laws about children striking parents (LH
195) and humiliating striking (LH 202–205). Hammurabi’s talion laws are nev-
ertheless in the neighborhood of the miscarriage laws (LH 209–210).
The talion laws in the two collections are markedly similar. They both speak
of injury to eyes, teeth, and bones (in CC, “arm” and “leg”) and a remedy
through a payment equivalent to or retaliatory injury to the same body part.
The talion list from CC was cited in the previous section on miscarriage (topic
7). This has an abbreviated form in contrast to the laws in LH, which are pre-
sented in full casuistic form: “If an awīlum blinds the eye of another awīlum,
they shall blind his eye. . . . If he breaks the bone of an awīlum, they shall break
his bone” (šumma awīlum īn mār awīlim utappid īnšu uappadū . . . šumma
eemti asīlim ištebir eemtašu išebbirū; LH 196–197); “If an awīlum knocks
out the tooth of an awīlum of his own rank, they shall knock out his tooth”
(šumma awīlum šinni awīlim merīšu ittadi šinnašu inaddû; LH 200). CC’s
abbreviation of the laws can be attributed to the freedom in formulation gained
by relocating the talion laws from their location in LH to serve as the apodosis
for the miscarriage laws, comparable to the relocation and reformulation of the
homicide laws (see topic 3).
After both passages establish the principle of talion in regard to free people
(the woman killed or injured in Exod 21:23–25 is presumed to be free), they go
on to cases where the victim is of a lesser class, and both discuss the slave. In
CC, this is stated as a full casuistic law: “When a man strikes the eye of his
male slave or the eye of his female slave, and destroys it, he shall send him
away free for his eye. If he knocks out the tooth of his male slave or female
slave, he shall send him free for his tooth” (‫וכי יכה איש את עין עבדו או את עין אמתו‬
‫;ושחתה לחפשי ישלחנו תחת עינו ואם שן עבדו או שן אמתו יפיל לחפשי ישלחנו תחת שנו‬
Exod 21:26–27). This legislation accords with the full casuistic form in LH: “If
he blinds the eye of a commoner or breaks the bone of a commoner, he shall
weigh out one mina of silver. If he blinds the eye of the slave of an awīlum or
breaks the bone of the slave of an awīlum he shall weigh out half of his price”
(šumma īn muškēnim ištebir 1 mana kaspam išaqqal; šumma īn warad awīlim
utappid ū lū eemti warad awīlim ištebir mišil šīmīšu išaqqal; LH 198–199);
“if he knocks out the tooth of a commoner, he shall weigh out one-third mina of
silver” (šumma šinni muškēnim ittadi 1/3 mana kaspam išaqqal; LH 201). Both
CC and LH here speak about injury to an eye or tooth, and the talion formula-
tion (“body part for body part”) does not apply to subordinate classes.
9. A Goring Ox (21:28–32, 35–36; texts on

pp. 206, 218, 221)
The goring ox laws in CC appear immediately after the talion and slave injury
laws (Exod 21:28–32, 35–36). In Hammurabi’s laws, they appear (LH 250–252)
after a large block of laws generally not paralleled in CC (LH 215–249; though
see topic 10) but which thematically evolves toward the subject of oxen (note
especially LH 224–225, 241–249).
Exodus 21:28–32 has the same basic laws as LH 250–252, in the same order
and with similar language. The first law in both collections deals with an unan-
ticipated case of goring: “If an ox gores a man or woman and he dies, the ox
shall be stoned . . . ; the owner of the ox is not liable” (‫וכי יגח שור את איש או את‬
‫ ובעל השור נקי‬. . . ‫ ;אשה ומת סקול יסקל השור‬Exod 21:28); “If an ox gores a man while
passing through the street and kills (him), that case has no claim” (šumma
alpum sūqam ina alākīšu ikkipma uštamīt dīnum šū rugummâm ul īšu; LH
250). The protases of these laws first speak of the ox’s goring a person, followed
by the statement that the person is killed as a result. The apodoses end with the
conclusion that there is no claim or liability.
The next laws in both collections are about a case of a habitually goring
ox: “If an ox is a habitual gorer, from previous experience, and its owner has
been warned, but he did not restrain it, and it kills a man or a woman, the ox
shall be stoned and its owner shall be put to death” (‫ואם שור נגח הוא מתמל שלשם‬
‫ ;והועד בבעליו ולא ישמרנו והמית איש או אשה השור יסקל וגם בעליו יומת‬Exod 21:29);
“If a man’s ox is a habitual gorer, and his district has informed him that it is a
habitual gorer, but he did not file its horns and did not control his ox, and that
ox gores one of the awīlum-class and kills (him), he shall pay thirty shekels of
silver” (šumma alap awīlim nakkāpīma kīma nakkāpû bābtašu ušēdīšumma
qarnīšu lā ušarrim alapšu lā usanniqma alpum šū mār awīlim ikkipma uštamīt
1/2 mana kaspam inaddin; LH 251). The laws have several features in the
same order: the ox is designated as a habitual gorer (and both specifically use a
qattāl-based nominal pattern for designating the goring ox: ‫ ;נַגָּח‬nakkāpûm), the
owner is warned about his animal, he does not restrain it, and it kills a person.
Though CC first requires capital punishment, it allows monetary compensation
in verse 30, as does LH.
CC attaches an amendment to the foregoing laws, stating that if the victim

is a son or daughter, the rule follows the laws for adult victims (21:31). This
correlates specifically with the designation of the victim of LH 251 as a mār
awīlim, which is ambiguous, meaning either “a victim of the awīlum-class”
or, literally, “a son of an awīlum.” CC’s rule about minors can also be seen to
contrast with several rules in LH that prescribe the execution of the child of
an offender if the victim is a child (LH 116, 210, 230; in LH 116, the victim
is also described as a mār awīlim). We saw before that CC has correlations
with two of these laws: 21:20–21 with LH 116 (topic 6) and 21:23 with LH
210 (topic 7). A possible correlation with LH 230 is discussed in topic 10. In
none of its parallel cases does CC share a rule of vicarious punishment with
LH. It appears, therefore, to have rejected this principle in every case where it
appears in its source.
After dealing with free persons, CC and LH both take up a slave as the vic-
tim: “If the ox gores a male slave or a female slave, he shall pay thirty shekels
of silver to the master and the ox shall be stoned” (‫אם עבד יגח השור או אמה כסף‬
‫ ;שלשים שקלים יתן לאדניו והשור יסקל‬Exod 21:32); “If it is the slave of an awīlum,
he shall pay twenty shekels of silver” (šumma warad awīlim 1/3 mana kaspam
inaddin; LH 252). According to the two collections, compensation is to be paid.
Note that the thirty shekels in CC here is the same amount as compensation for
a free person in LH 251.
The goring ox law also provides evidence that CC depends on cuneiform
sources other than LH. The law about an ox goring another ox in Exodus 21:35
is essentially verbatim the law found in LE 53: “When a man’s ox gores an ox
of his fellow and it dies, they shall sell the live ox and divide the silver; they
shall also divide the dead (animal)” (‫וכי יגף שור איש את שור רעהו ומת ומכרו את השור‬
‫“ ;)החי וחצו את כספו וגם את המת יחצון‬If an ox gores another ox and kills it, both
ox owners shall divide the price of the live ox and the carcass of the dead ox”
(šumma alpum alpam ikkimma uštamīt šīm alpim balim u šīr alpim mītim bēl
alpim kilallān izuzzū).
10. Negligence (21:33–34; texts on pp. 213, 215, 217)
A law on negligence appears in the middle of the goring ox laws in CC (21:33–

34). It instructs that one who digs a pit and does not cover it must compensate
the owner of an ox or ass that falls into it. Though neither LH nor other known
cuneiform collections have laws whose details are similar, LH does have sev-
eral laws concerning negligence. A number of these appear in 229–240, in the
vicinity of other laws that CC is presumably following at this point. For exam-
ple, LH 229 says: “If a builder makes a house for a man, but does not fortify his
work, and the house he made falls and kills the house owner, that builder shall
be put to death” (šumma itinnum ana awīlim bītam īpušma šipiršu lā udan-
ninma bīt īpušu imqutma bēl bītim uštamīt itinnum šū iddâk). The next law (LH
230) describes the victim as the child of the house owner, in which case the
child of the builder is put to death.
In terms of distance, this law is not far from Hammurabi’s goring ox law, and
it prescribes vicarious punishment, something that CC prohibits in the middle
of its goring ox law in verse 31, as noted in the discussion of topic 9. Verse 31 is
only two verses away from the negligence law in verses 33–34. Of all the laws
that consider vicarious punishment of a child in LH (otherwise, LH 116, 210;
CC also has correlates with these laws; see topics 6, 7, and 9), LH 230 is the
closest to the situation described in 21:31 in that it involves a case of negligence
where a child is the victim. The concerns of LH 229–230 therefore cluster in
Exodus 21:31, 33–34. Furthermore, both of the laws in Exodus 21:33–34 and
LH 229–230 describe a case of “falling.” The falling is, of course, not the same
in the two laws, but the principle of attraction operative in organization and
creation of Near Eastern law may have allowed CC to generate its particular
law.9 Furthermore, the technique of conceptual inversion, as found between LH
282 and 21:5–6 (see topic 1), may have led to creation of a law about an animal
falling in as opposed to a house falling down.
CC’s negligence law has similarities to LH 125 in the obligation of rec-
ompense. LH 125 deals with negligence in a case of deposit and speaks
explicitly about “a house owner who is negligent” (bēl bītim ša īgūma) and
allows the deposited property to be stolen. Hammurabi’s law says “the owner
of the house . . . shall pay; he shall restore to the owner of the property” (bēl
bītim . . . ušallamma ana bēl makkūrim irīab). CC’s law prescribes similarly “the
owner of the pit shall pay; he shall return silver to its owner” (‫בעל הבור ישלם כסף‬
‫)ישיב לבעליו‬. The issue of negligence in LH 229–240, and especially 229–230,
may have led CC by way of cross-referencing to the earlier law on negligence in
the collection. Note that the nearby negligence laws of LH 236–237 specifically
use the verb egûm “to be negligent,” also used in LH 125. Chapter 8 discusses
in detail all of these and other generative possibilities for CC’s negligence law.
11. Animal Theft (21:37 + 22:2b – 3; texts on

pp. 231–232)
The next sequential parallel concerns the theft of animals (Exod 21:37 + 22:2b–
3). (The burglary law in Exod 22:1–2a is contextually secondary; see later and
chapter 9.) In CC, the animal theft law directly follows the goring ox laws. The
case deals with a man stealing (‫ )גנב‬and slaughtering or selling an ox or flock
animal. He is to repay five or four animals for the animal stolen, depending on
the species. If he does not have the means to pay (‫)אם אין לו‬, he is to be sold (no
doubt as a debt-slave). If the animal “is found in his possession alive” (‫אם המצא‬
‫)תמצא בידו‬, he is to pay back two animals (‫)שנים ישלם‬.
In LH, an animal theft law (LH 265) also appears after the goring ox laws,
though after the intervention of a few laws that contemplate other cases of
agricultural theft or loss (LH 253–264). LH 253 describes a case where a man
who takes care of a field steals (šarāqum) seed or fodder, which is then “found
in his possession” (ina qātīšu ittabat). This idiom is similar to that in Exodus
22:3. LH 254 describes a case of taking stored grain; the penalty requires that
“he restore twofold” (tašna . . . irīab), similar to the twofold restoration pre-
scribed at the end of Exodus 22:3. The next law (LH 255) deals with a case of
a person’s hiring out another person’s cattle or stealing seed, with the result
that he cannot produce crops. His penalty is to hand over a certain quantity of
produce per unit of land. The law is supplemented (LH 256) with a clause about
the inability to pay, as in Exodus 22:2b: “If he is not able to satisfy his obliga-
tion . . . ” (šumma pīassu apālam lā ile’’i). The offender is dragged around the
field rather than sold to pay off his debt. Finally in this series, after a few other
laws dealing with agricultural theft (of plows, 259–260) and (unintentional)
animal loss and diminishment (263–264), LH turns to animal theft with a case
where a man alters a brand and sells an animal (265). His penalty is to pay ten-
fold to the cattle owner. The requirement of multiple restitution here is similar
to the five- or fourfold repayment of Exodus 21:37.
For the laws on crop damage that follow (22:4–5), which do not follow the
sequence of LH, see later in this chapter on miscellaneous correlations.
12. Deposit (22:6–8; texts on pp. 242–246)
After the law on crop damage, CC turns to the topic of deposit and the misap-
propriation of various property items in 22:6–8. According to this, a thief who
steals silver (‫ )כסף‬or goods (‫ )כלים‬given to a person for safekeeping, described
with the verb ‫“ נתן‬give” and the infinitive ‫“ לשמר‬to keep,” is to repay twofold.
If the thief is not found, the custodian “shall approach the God, (to verify)
whether or not he misappropriated the property of his fellow” (‫ונקרב בעל הבית‬
‫ ;אל האלהים אם לא שלח ידו במלאכת רעהו‬v. 7). Then a general rule, which includes
animals, follows: “in every case of misappropriation, whether concerning an
ox, an ass, a flock animal, an article of clothing, or any other loss, where one
claims, ‘This is it/he,’ the case of both parties shall come before the God; he
whom God convicts shall pay twofold to the other” (‫על כל דבר פשע על שור על חמור‬
‫על שה על שלמה על כל אבדה אשר יאמר כי הוא זה עד האלהים יבא דבר שניהם אשר ירשיען‬
‫ ;אלהים ישלם שנים לרעהו‬v. 8).
These verses correspond primarily with LH 120, 124–125 (the whole sec-
tion of LH 120–126 is concerned with deposit). Law 124 says that a person who
denies that silver (kaspum), gold, or anything else (mimma šumšu) was given
to him in deposit, described with the verb nadānum “to give” and the adverbial
of purpose ana maarūtim “for keeping,” is to pay double, even though there
are witnesses. Like Exodus 22:6, this mentions silver and a general term for a
piece of property, giving in deposit, and a twofold penalty. Law 125 (discussed
in topic 10) deals with a case in which property given in deposit was stolen,
similar to the case in Exodus 22:6. In this case, however, the bailee is assumed
negligent and has to restore the property. According to LH 120, a loss occurs to
grain given for silo storage or the house owner takes some of the grain or denies
that grain was stored with him. The storage is described with the verb šapākum
“to store” with the adverbial of purpose ana našpakūtim “for silo storage,” a
usage comparable to ana maarūtim nadānum “to give for safekeeping,” noted
previously. LH 120 goes on to prescribe that the owner of the grain “shall make
a declaration about his grain before the god, and the house owner shall double
the grain that he received (in storage) and give (it) to the owner of the grain”
(maar ilim še’ašu ubârma bēl bītim še’am ša ilqû uštašannāma ana bēl še’im
inaddin; see the declaration also in LH 126). This is similar to Exodus 22:6–8
in requiring double compensation and a declaration before the deity.
Even though the specific aforementioned deposit laws in LH are outside the
shared sequence of topics otherwise observable between CC and LH, the topic
is nonetheless part of the sequence. Law 265, which we noted corresponds to
laws on animal theft (topic 11), and law 266, which deals with animals loss and
which will also be relevant in the next sequential comparison (see topic 13),
both entail the conceptual fundamentals of the laws of deposit. Law 265 begins:
“If a shepherd to whom either cattle or flock animals are given for shepherd-
ing” (šumma rē’ûm ša liātum ū lū ēnum ana re’îm innadnūšum). The phrasing
“give for shepherding” (ana re’îm nadānum) is equivalent linguistically and
conceptually to the phrases “give for safekeeping” (ana maarūtim nadānum)
and “put up for silo storage” (ana našpakūtim šapākum) found in the deposit
laws of LH 120, 122–125, previously discussed. These phrases correspond to
the Hebrew expression “to give for safekeeping” (‫)נתן לשמר‬. LH 266 also speaks
of a shepherd protesting his innocence “before the deity” when an animal is
lost beyond his control, similar to the requirement of the oath in the CC pas-
sage. The correspondence with LH 265–266 is further seen in Exodus 22:8 as
it returns to the topic of animals (“an ox, ass, flock animal”), forsaken momen-
tarily in the treatment of silver and general goods in verses 6–7. LH 265–266
appear to have raised the issue of deposit. CC then developed a law using ideas
from these laws, as well as the primary deposit laws in LH 120–126, through
conceptual and idiomatic cross-referencing to those laws.
13. Death or Injury of Animals (22:9–12; texts on

pp. 265–266, 271, 274–275)
Laws on the accidental death or injury of animals (Exod 22:9–12; LH 266–

267) directly follow in both collections. These laws maintain the general topic
of deposit but now specifically with regard to animals (CC specifically uses
the phrase “give for safekeeping” ‫ נתן לשמר‬in v. 9, and LH 266 continues 265,
which used the idiom “to give for shepherding” ana re’îm nadānum; see topic
12). Three elements in Exodus 22:9–10 and LH 266 correlate specifically and
unfold in the same sequence. First, the protases of the laws describe how an
animal in custody may die: “If a man gives to his fellow an ass, herd animal,
flock animal, or any animal for safekeeping and it dies (of itself), is injured
or is carried away” (‫כי יתן איש אל רעהו חמור או שור או שה וכל בהמה לשמר ומת או‬
‫ ;נשבר או נשבה‬22:9); “If in an animal pen a sickness (lit., ‘a stroke of the god’)
occurs or a lion makes a kill” (šumma ina tarbaim lipit ilim ittabši ū lū nēšum
iddūk; LH 266). An animal’s dying of itself presumes sickness, and being car-
ried away may be seen to have reference to predators. Thus both descriptions
agree, except that CC also has the case of injury. Next, both laws prescribe a
declaration of innocence or an oath: “an oath of Yahweh shall be between the
two of them (i.e., custodian and owner), (to verify) whether or not he (the cus-
todian) misappropriated the property of his fellow” (‫שבעת יהוה תהיה בין שניהם אם‬
‫ ;לא שלח ידו במלאכת רעהו‬Exod 22:10); “the shepherd shall declare his innocence
before the god” (rē’ûm maar ilim ubbamma; LH 266). Though the details dif-
fer, both laws refer to the same basic process. Finally, both require the owner
to accept or take something: “its (the animal’s) owner shall accept” (‫;ולקח בעליו‬
Exod 22:10); “the owner of the pen shall accept for him (the shepherd) the loss
in the pen” (miqitti tarbaim bēl tarbaim imaaršu; LH 266).
In the sequential context, verses 9–10 parallel LH 266 (as we have seen),
and verses 13–14 parallel LH 268 (as we will see later). Thus it makes sense to
think that the intervening laws, specifically verse 11 and LH 267, are related.
Although these laws describe different types of animal loss (theft versus dis-
ease), they share similar phrasing. Both state that the custodian must make res-
titution by using the Semitic root šlm. They both say, too, that this restoration
is to be made to the animal’s owner (ana bēlīšu/‫)לבעליו‬. Furthermore, both laws
may involve negligence. This is explicit in LH 267 (“If a shepherd is negligent”
šumma rē’ûm īgūma). It is implicit in verse 11 when read in contrast to verses 7
and 9, according to which theft of a deposited item or loss of an animal by force
requires no restitution.
Verse 12 correlates topically with LH 266. It adds detail about the case
where an entrusted animal is killed by predators, the topic of Hammurabi’s law
(see earlier). If the shepherd can bring the carcass as evidence that predators
killed it, he is blameless.
14. Animal Rental (22:13–14; texts on pp. 279–281)
The laws that immediately follow in both collections deal with the rental or
borrowing of animals (Exod 22:13–14; LH 268–271). The laws in CC speak of
a case where a person borrows (‫ )שאל‬an animal from another and the animal is
injured or it dies. If the owner is not with the animal, the borrower must make
restitution; if the owner is with it, no restitution is required. The law then adds:
“If it (the animal) was rented, he (the owner) shall (nonetheless) receive its rent
payment” (‫ ;אם שכיר הוא בא בשכרו‬v. 14b). LH 268–271 consider animal rental,
but in a different way, listing rental rates. For example, LH 268 says: “If a man
rents an ox for threshing, its rent is two suts of grain” (šumma awīlum alpam
ana diāšim īgur 2 sūt še’um idūšu). Although the two passages treat rental from
different perspectives, CC specifically correlates with the interests of LH by
reference to payment of rent in Exodus 22:14b.
Other laws in LH correlate more closely to the subject matter of Exodus
22:13–14. LH 244–249 are concerned with the death or injury of rented animals.
The renter does not need to pay a penalty in the case of death by a predator or a
sickness: “If a man rents an ox or donkey, and in the open country a lion kills it,
[the loss belongs] to its owner” (šumma awīlum alpam imēram īgurma ina ērim
nēšum iddūkšu ana bēlīšuma; LH 244); “If a man rents an ox, and a god strikes
and kills it, the man who rented the ox shall swear a divine oath and shall not
be held liable” (šumma awīlum alpam īgurma ilum imassuma imtūt awīlum ša
alpam īguru nīš ilim izakkarma ūtaššar; LH 249). Payments are required if the
renter kills or injures the animal by beating or carelessness (LH 245–248). In the
case where the renter causes the animal’s death or serious injury, he only needs
to restore a single animal of the same quality. CC’s laws are similar in that they
require only the replacement of the animal, not multiple restitution as in cases of
theft, as seen before. In short, it seems that we have here another case of cross-
referencing. The sequential flow of topics in the latter part of Hammurabi’s laws
(i.e., LH 268–271) raised the topic of animal rental for CC. These allowed CC to
access the other laws on animal rental from LH 244–249.
Miscellaneous, Nonsequential Laws
CC’s casuistic legislation contains five distinct laws or legal topics not clearly
related to the topical sequence of LH, some of which were noted in the ear-
lier discussion: kidnapping (21:16), burglary (22:1–2a), two laws on crop dam-
age (22:4–5), and seduction of a virgin (22:15–16). Some of these laws have
similarities to laws elsewhere in LH, and some have correspondences with
cuneiform collections other than LH. They are not unrelated, however, to the
sequential pattern, once one allows for the operation of cross-referencing to
supplement the primary spine of laws based on the topical structure of the
last half of Hammurabi’s casuistic laws. In addition to these five laws, CC has
a group of participial laws in 22:17–19, just before the final apodictic laws in
22:20–23:19. These participial laws are not related to LH but do relate to CC’s
use of alternate sources for its composition.
Kidnapping (21:16; texts on p. 197)

CC penalizes kidnapping in Exodus 21:16: “He who steals a person and sells
him or he is found in his possession, shall be put to death” (‫וגנב איש ומכרו ונמצא‬
‫)בידו מות יומת‬. This is similar to LH 14: “If a man steals the young child of a man,
he shall be put to death” (šumma awīlum mār awīlim eram ištariq iddâk).
The penalty is the same as in CC. The biblical law appears awkwardly between
the two verses on child rebellion (21:15, 17). This is an intentional ordering and
based on Hammurabi’s collection. LH 194, which deals with a wet nurse car-
ing for another child when earlier a child in her care died, similarly disrupts
the child rebellion laws in 192–193 and 195. Though seemingly intrusive, the
law is related to its context by its penalty, as is Exodus 21:16. Hammurabi’s law
requires cutting off the woman’s breast, a corporal talion punishment similar
to cutting out the child’s tongue, plucking out his eye, or cutting off his hand in
LH 192–193, 195. Exodus 21:16, for its part, requires capital punishment, as do
verses 15 and 17. Significant is the fact that the victim in LH 194 is apparently
described with the term erum, “a young child” (logogram TUR); a erum
is the victim in the kidnapping law of LH 14. It makes sense to believe that
when CC contemplated LH 194, it substituted another law about a erum from
elsewhere in LH but kept the same disruptive order in the laws. The participial
form of 21:16 is due to assimilation to the participial form of the other capital
laws in 21:12, 15, 17.
Burglary (22:1–2a; texts on p. 258)

These verses, which are concerned with house burglary, are out of place in
their context because they interrupt the law on animal theft (see topic 11). The
case is described as one of tunneling or penetration by digging: “If the thief is
caught in an act of digging in” (‫)אם במחתרת ימצא הגנב‬. The rest of the law deals
with liability for killing the burglar, depending on whether it is night or day.
A similar law is found in LH 21. It sets up the case as one of penetration: “If a
man digs into a house” (šumma awīlum bītam ipluš). It then speaks of the death
of the burglar by prescribing his execution the on the spot. Another Akkadian
burglary law, LE 13, has similarities to the biblical law. Though this law does
not describe an act of penetration, it makes a distinction between apprehending
the burglar by day or night. If the former, he pays a fine; if the latter, he may be
put to death. This law also speaks of the burglar “being caught” (nabutum),
which corresponds to the Hebrew term for “being found” (‫)נמצא‬, a motif not in
LH 21 (though in LH 22–23).
Chapter 6 explains how CC’s burglary law was created in connection with
the deposit laws of 22:6–8. These laws, as we saw in the discussion of topic
12, correlate with the deposit laws of LH 120–126 via the idiom for entrusting
property similar to that in LH 264–265 in the topical sequence. LH 125 in that
block of deposit laws speaks of a thief “digging into” (with the root plš) a house
to steal deposited property. This motif led CC to LH 21, which uses the same
term, and hence to the topic of burglary. The burglary law was secondarily put
into its present location in CC.
Crop damage (22:4–5; texts on pp. 237, 240–241)

After the end of the animal theft law in Exodus 22:3, CC presents two related
laws (vv. 4–5), the first of which parallels laws in LH outside the sequential
template and the second of which does not have a parallel in LH but in another
cuneiform collection. Exodus 22:4 deals with a case of letting animals graze
in another person’s field, corresponding to LH 57–58. These describe two
cases: (a) letting one’s flock graze (šūkulum) in another person’s field without
an agreement and (b) releasing (nadûm) a flock into a field after the time for
pasturing has passed. The penalties involve payment of grain for each unit of
the field damaged. CC’s law also appears to reflect the same two basic cases:
(a) letting a field be grazed (‫ ;הבעיר‬v. 4aα) or (b) releasing (‫)שלַּח‬
ִ animals into
another person’s field (v. 4aβ). Both collections correlate in using a causative
stem for grazing in the first case (šūkulum and ‫ )הבעיר‬and then words for letting
loose in the second (nadûm and ‫)שלַּח‬. ִ 10
The next law in CC (v. 5) describes a case of letting a fire get out of control,
with the result that another person’s crop is damaged. This has no correspond-
ing law in LH but does in HtL 105–106. This extends the topic of the previous
law. It can be viewed as another example of cross-referencing, but here CC
brings in an associated law from a collection other than LH (by no means was
this source HtL itself).
Seducing an unbetrothed virgin (22:15–16; texts

on pp. 130–131)
This law does not have a counterpart in LH, but it looks very similar to MAL A
55–56. MAL A 55 speaks of a “young woman who is not betrothed” (batulta . . . ša
lā ūtarrišūni); CC speaks of “a young woman who is not betrothed” (‫בתולה אשר‬
‫)לא ארשׂה‬. MAL A 55 goes on to talk about a case of rape, where the culprit
must pay threefold the bride-price for the woman. The law adds: “if her father
is not willing he shall (nonetheless) receive the threefold amount of silver for
the maiden and give his daughter to whomever he desires” (šumma abu lā adi
kaspa šalšāte ša batulte imaar mārassu ana ša adiūni iddan). MAL A 56,
which speaks of a case where the maiden gives herself willingly, requires that
“the one who had intercourse with her pay the threefold amount of silver that
is the price of the maiden; the father shall do with his daughter as he desires”
(šalšāte kaspe šīm batulte nā’ikānu iddan abu māras[su] kî adiūni epp[aš]).
The outcome of CC’s law is similar. Speaking only of a case of seduction, it
says that the man “shall acquire her as a wife by paying the bride price; if her
father refuses to give her to him, he shall (still) weigh out silver as the bride
price of maidens” (‫מהר ימהרנה לו לאשה אם מאן ימאן אביה לתתה לו כסף ישקל כמהר‬
‫)הבתולת‬. This law is ultimately related to the context of the main laws in CC that
correlate with Hammurabi’s topical sequence. It explains why the daughter of a
debtor must marry her father’s creditor in 21:7–11 (see chapter 5).
Participial laws in Exodus 22:17–19 (texts on

pp. 199–202)
These laws have a form and a prescription of capital punishment similar to the
participial laws in 21:12, 15–17. Exodus 22:19, which deals with sacrifice to
other gods, has no parallel in LH or cuneiform sources. Verse 18, on bestiality,
is only loosely similar to HtL 187–188, 199–200a. Verse 17, about a sorceress,
has some similarity to MAL A 47, which prescribes death for men and women
who practice sorcery (cf. LH 2). But the correlation is less precise than others
that we have seen. These three laws can be correlated compositionally with
the participial laws in Exodus 21 to form a hypothesis that CC used a native
participial source. The laws generated on the basis of this source that had cor-
respondences with LH were placed in Exodus 21 (see topics 3 and 4 and the law
on kidnapping). Miscellaneous laws in the native participial source or stimu-
lated by this source, which did not have correlations with LH, were placed in
an appendix at the end of the casuistic laws, right after the seduction law in
22:15–16, also an appendix.
Conclusions
The foregoing survey has shown that every law or significant aspects of every
law in the casuistic laws of CC, save for two of the miscellaneous participial
laws of 22:17–19, has a counterpart in cuneiform law. The majority of the cor-
respondences are with LH in particular. Within this set, fourteen of CC’s laws
or legal topics run in the same or nearly the same order as the laws in the last
half of LH (again, see table 1.1 in chapter 1). The three cases where the order
is not exact—homicide, talion, and negligence—are still close to the order of
their counterparts in LH, and the divergent order in each case has a logical
explanation as part of the creative reworking by CC’s author. In addition, sev-
eral other laws in CC correspond with those in LH, though not in sequential
order: slave-master relations and boring/cutting off the ear of a slave (21:6 //
LH 282), kidnapping (21:16 // LH 14), negligence (21:33–34 // LH 125), bur-
glary (22:1–2a // LH 21), grazing a field (22:4 // LH 57–58), deposit (22:6 //
LH 120, 124–125), and animal rental (22:13–14 // LH 244, 249). These can all
be explained by CC’s use of cross-referencing to other laws in order to bring
in legislation to augment the topics and material provided by the sequential
template. Cross-referencing can also be used to explain the presence of laws in
CC that have close correlations with laws in other cuneiform laws collections:
talion in miscarriage (21:23–25 // MAL A 50, 52), an ox goring an ox (21:35
// LE 53), burglary (22:1–2a // LE 13), burning a field (22:5 // HtL 105–106),
seducing a virgin (22:15–16 // MAL A 55–56), and sorcery (22:18 // MAL A
47). CC used other sources to complement the basic sequential legislation pro-
vided by Hammurabi’s text. These complex primary and auxiliary correlations
are summarized in the table in the appendix to chapter 13. What is remarkable
is that even though CC departs at times from the topical sequence of the laws
in LH, it consistently returns to that sequence.
In addition to the evidence about sequence, many of the individual laws in
CC and LH, in or outside the common sequence, agree in their internal details.
Note, for example, that the debt-slavery laws describe work for X years with
release in year X + 1 (21:2 // LH 117); the laws on slave-master relations have
a slave declaring his relationship to his master with subsequent marking or
marring of his ear to reflect his submission or rebellion (21:5–6 // LH 282); the
laws about marrying a second wife describe it as “taking another” and require
one to provide for the support of the first in three ways (by implication if not
explicitly; 21:10–11 // LH 148–149); the child rebellion laws describe both ver-
bal and physical attacks (21:15, 17 // LH 192–193, 195); the laws about striking
a person set the injury in the context of a fight and require the injurer to care
for the victim’s recovery (21:18–19 // LH 206); the miscarriage laws treat two
cases, causing a miscarriage alone and then death to the woman (21:22–23 //
LH 209–210); talion laws mention eye, tooth, and bone injuries and deal with
such injuries to slaves (21:24–27 // LH 196–201); the goring ox laws consider ad
hoc goring first, then habitual goring, then the goring of a slave (21:28–32 // LH
250–251); animal theft laws mention finding a stolen object in the thief’s pos-
session, an inability to pay the penalty, and twofold or more restoration (21:37 +
22:2b–3 // LH 253–265); grazing laws presumably deal with two cases, causing
animals to graze and releasing animals in a field (22:4 // LH 57–58); deposit
laws require double compensation and declarations before the deity (22:6–8 //
LH 120; cf. 126); and the animal death and injury laws speak, in order, about
how the animal died, a declaration of innocence, and the owner’s acceptance of
the loss (22:9–10 // LH 266).
When one considers this general evidential picture, the effect is striking. It
is a decidedly strong, if not conclusive, indication that CC is dependent directly
and primarily on LH. This evidence stands in contrast to the lack of similar
correlations between CC and other known and relatively substantial law collec-
tions, such as the Hittite Laws or the Middle Assyrian Laws. Moreover, though
one finds some significant correlations between Deuteronomy and Middle
Assyrian Laws (explained in chapter 4), one does not find the same sorts of
correlations between Deuteronomy and LH. In other words, the similarities of
CC with LH are not a function of chance correlations between lengthy legal
texts. CC bears the image of LH and is most reasonably accounted for in terms
of a parent-child relationship. The examination of correlations between CC’s
apodictic laws and the prologue and epilogue of LH outlined in the next chapter
will confirm this conclusion.
3
The Apodictic Laws
Even an attentive reading of the texts does not necessarily raise suspicion
that CC’s apodictic laws have any connection to Hammurabi’s prologue
and epilogue. CC’s apodictic laws are, in style and content, quite different
from the outer sections of LH. They are direct commands that, at the begin-
ning of CC, prohibit divine images and instruct how altars are to be made
(Exodus 20:23–26) and, at the end, direct behavior in regard to the poor,
cultic matters, and justice (22:20–23:19). In contrast, Hammurabi’s prologue
and epilogue are essentially royal praise, extolling the achievements of the
Old Babylonian king. The prologue describes the call of the monarch and a
description of his great acts for the cities of his realm. The epilogue resumes
a description of the benefits he achieved for the people, how his laws should
be followed by a future king, and curses that fall upon one who does not fol-
low his example.1 Despite these differences, CC’s apodictic laws manifest a
number of salient and intricate correlations with Hammurabi’s prologue and
especially the epilogue that cannot be attributed to chance or the creativity
of comparative analysis, especially in view of the accompanying correlations
in the texts’ casuistic laws, surveyed in the previous chapter. If there was any
doubt that CC has relied upon LH, it is dispelled by the correlations found in
the apodictic laws.
To demonstrate the correlations between the texts, this chapter first deals
with the final apodictic laws and the epilogue, since the correspondences
51
between these portions of the texts continue the sequential correspondences

visible in the casuistic laws and because study of the correspondences in these
parts of the texts allow us to more easily understand the correspondences in
connection with the initial apodictic laws. As in the preceding chapter about
the correlations in the casuistic laws, this chapter says little about the compo-
sitional logic of CC, which presupposes dependence upon LH. The evidence
for dependence must be presented first before I explain how the source text
was transformed. This analysis must wait until chapters 11 and 12 in part II,
where many of the details of interpretation of the apodictic laws are treated.2
The present chapter refers only minimally to aspects of the logic involved in
transforming the text to clarify how motifs in the two texts may be associated.
However, if cross-referencing is the one compositional technique that makes
intelligible several instances of CC’s use of Hammurabi’s casuistic laws, the
replacement of Hammurabi with Yahweh is the one transformation that makes
sense of many of the correlations that will be described between CC’s apodic-
tic laws and Hammurabi’s prologue and epilogue. The reader is reminded of
the summary of the evidence presented in chapter 1, which provides a general
background for this chapter’s analysis.
The “String” and Chiastic Structures of the Final

Apodictic Laws
Before we can compare the final apodictic laws and the epilogue, we must
clarify the structure of the final apodictic laws (Exod 22:20–23:19). This part
of CC looks like a legal miscellany, almost as confusing in its organization
as Deuteronomy 21–25.3 Topics are repeated in an ostensibly random fashion.
Laws on the immigrant, the cult, name-pronouncement, and cursing are scat-
tered throughout the text. And the well-organized chiastic block of laws on
justice in 23:1–8 looks out of context, compared with the seemingly haphazard
arrangement and context of the material before and after it.4
The problems in structure are completely and satisfactorily resolved when it
is realized that the laws of the final apodictic laws have a cogent duplex struc-
ture. The last third of the final apodictic laws (23:9–19) replicates the topical
sequence of the first third (22:20–30).5 I refer to these two passages as string
I and string II for abbreviated reference. Table 1.4 in chapter 1 summarized
the content of these two strings. Here are the texts of the two strings in full in
translation (see the appendix to this chapter for the Hebrew text):
String I: Exodus 22:20–30 String II: Exodus 23:9–19

General law about the poor with General law about the poor with
Egypt rationale Egypt rationale
22:20 23:9
You shall not oppress an immi- You shall not repress an immi-
grant. You shall not repress him grant. You know the mind of the
The Apodictic Laws 53
because you were immigrants in the immigrant, because you were immi-
land of Egypt. 21You shall not afflict grants in the land of Egypt.
any widow or fatherless child. 22If
you do afflict him, when he cries out
to me, I will heed his cry. 23My anger
will be aroused and I will slay you
with the sword, and your wives will
become widows and your children
fatherless.
Two specific laws benefiting Two specific laws benefiting
the poor the poor
(A) 22:24If you lend silver to my peo- (A) 23:10Six years you shall sow your
ple, the poor that are with you, you land and gather its produce. 11(In)
shall not act like a (harsh) creditor to the seventh, you shall let it drop and
him. You shall not exact interest from leave it. The poor of your people
him. may eat (it). What they leave the
(B) 25If you take the garment of your wild animals may eat. You must do
fellow as a pledge, when the sun sets this also for your vineyard and
you shall return it to him, 26because it orchard.
is his only covering, it is the clothing (B) 12Six days you shall do your
for his skin—in what will he sleep? work. On the seventh day you shall
If he cries out to me, I will give heed, cease so that your ox and ass may
because I am compassionate. rest and so that the son of your slave
woman and the immigrant may be
refreshed.
Two short laws about speaking of Two short laws about speaking of
sovereigns sovereigns
(A) 22:27You shall not curse God, 23:13a
You shall be observant with
(B) neither shall you denounce the respect to all that I have said to you.
chieftain among your people. (A) 13b The name of other gods you
shall not mention;
(B) it shall not be heard on your lips.
Cultic laws Cultic laws
22:28 23:14
You shall not delay the product of You shall celebrate as pilgrim-
your vat or press. You shall give me age festivals three occasions in the
your firstborn sons. 29You shall do year: 15You shall observe the festival
likewise with your ox and your flock of unleavened bread; seven days
animals. Seven days it shall remain you shall eat unleavened bread, as I
with its mother. On the eighth day commanded, at the festival time in
you shall give it to me. 30You shall be the month of Aviv, because it was
holy people to me. Flesh found in the then that you left Egypt. They shall
field, i.e., torn flesh, you shall not eat. not appear before me [or: see me]
You shall throw it to the dog. empty handed—16(also) the feast of
harvest, the first fruits of your work

that you sow in the field, and the
feast of gathering at the end of the
year, when you gather the product of
your labors from the field. 17Three
times in the year every male among
you shall appear before [or: see] the
Lord Yahweh. 18You shall not make
offerings, the blood of my sacrifice,
with leaven. The fat of my festal
offering shall not remain over until
morning. 19The choice of your first
fruits of your land you shall bring to
the house of Yahweh your God. You
shall not boil a kid in its mother’s
milk.
The points of relationship between the strings are patent:

(a) Both strings start with a general prohibition against oppressing the
“immigrant” (‫ ;גר‬22:20–23 and 23:9).6 While using various verbs to describe
oppression, both texts share the verb repress (‫)לחץ‬.7 Both of these laws also
refer to the Israelites’ residence in Egypt as a rationale for the law. The main
difference is that the law of string I (22:20–23) is longer by including a prohibi-
tion against oppressing the widow and orphan, using additional verbs referring
to oppression, and including a theological rationale for the law. Nonetheless,
23:9 reflects the essence of 22:20–23.
(b) Each string next supplies two laws that provide specific benefit to the
impoverished (22:24–26; 23:10–12). String I prohibits taking interest from the
poor and keeping overnight clothing used as a pledge. String II prescribes leav-
ing produce in the field in the seventh year and resting on the seventh day.8 The
last parts of these latter laws make reference to how the laws assist the poor:
“the poor of your people” (‫ )אביוני עמך‬benefit from the produce of the seventh
year (23:11), and “the son of your female slave and the immigrant” (‫בן אמתך‬
‫ )והגר‬recuperate by resting on the seventh day (23:12).9 That the seventh-year
and seventh-day laws have to do with the poor is also evident in their being
formulated with the six-plus-one pattern found in the debt-slavery law in 21:2:
“six years he shall work, and in the seventh he shall go free” (‫שש שנים יעבד‬
‫)ובשבעת יצא לחפשי‬. As chapter 5 argues, the six years of debt-slavery in 21:2, as
opposed to the three years in LH 117, is made to match the numerical norm of
the seventh-day and seventh-year laws in 23:10–12.
(c) Each string next has two short laws prohibiting types of speech about
sovereigns (22:27; 23:13b). String I prohibits cursing the deity and cursing the
“chieftain among your people” (‫)נשיא בעמך‬. The latter probably refers to the
local king (see chapter 11). String II prohibits mentioning the name of other
gods and letting their names be heard on the lips. It is not quite clear how the
two ways of speaking here are distinguished; does the former refer to a more
formal expression in the cult and the latter to noncultic speech? In any case, the
double laws on speech about sovereigns in the two strings are no doubt struc-
turally intentional, especially since they echo the double laws about the poor
that precede. (We will later see a double law pattern in 20:25–26.)
Just before its prohibition against mentioning the names of other gods, string
II has an extraneous exhortation 23:13a: “You shall be observant with respect
to all that I have said to you.” This may be compared with the phrase “because
I am compassionate” at the end of laws about the poor in string I. Although
both of these refer to the deity’s interest or expectation, I have not set them out
as a separate point of correlation in the texts here because the rationale clause
in 22:26 is conceptually and syntactically part of the laws that precede it and
because the two phrases are topically quite distinct.
(d) The last sections of the strings deal with cultic matters (22:28–30; 23:14–
19).10 They are primarily related in their reference to the offering of first prod-
ucts and first fruits (22:28; 23:17, 19), the cultic position or responsibility of
males (“the firstborn of your sons,” 22:28; “every male among you,” 23:17), and
the use of young sacrificial animals in connection with their mothers (22:29;
23:19). Both passages also refer to sacrifice in different ways (22:29; 23:18). The
main difference is that string II includes a cogent block of laws about a single
cultic topic, namely, festivals (23:14–17), whereas the cultic laws in string I are
a miscellany. Chapter 11, which examines the compositional logic of the laws,
shows how these various cultic laws are associated conceptually. To antici-
pate that discussion, the laws about sacrifices and offerings in 22:28–29 and
23:18–19 are related to the festival laws in their being brought and offered prin-
cipally on the festivals. The rule about dietary holiness in 22:30 is also related
to the topic of offerings and festivals in prescribing a state that is necessary for
cultic activity. Chapter 11 also discusses how the festival laws relate topically
to cyclical laws about the seventh year and day in 23:10–12 and thus provide
coherence to string II. That chapter also explains the imbalance in the two
strings, where the cultic laws of string II are longer than the cultic laws of
string I, but where the laws about the poor in string I are longer than the laws
about the poor in string II. (This imbalance is visible in the layout of the text,
as shown earlier.)
The similarities described between the strings indicate that they were
designed to imitate each other. One could ask if one string is original and the
other an addition. Part of the answer to that question has to do with the relation-
ship of the two passages to LH, to be described later in this chapter. We will
see that each of the strings has correspondences with the epilogue of LH. Thus
neither seems to be primary over the other. Both strings are generated by the
use of LH at the same compositional level.
A further indication that the two strings are part of the original structure,
within the context of CC itself, is in their relationship to the passage on justice
and judicial propriety in 23:1–8 that stands between them. This passage has a
clear chiastic structure:11
(a) 1Do not promote a false rumor (‫)שמע שוא‬. Do not conspire with an evil
person (‫ )רשע‬to be a witness that causes violence.
(b) 2Do not follow the majority to do evil. Do not testify in a dispute
to perversely follow (‫ )לנטת‬the majority to pervert (justice) (‫)להטת‬.3
Do not show deference to the poor12 in his dispute (‫)ודל לא תהדר בריבו‬.
(c) 4When you encounter the ox or ass of your adversary wander-
ing, return it to him (‫)כי תפגע שור איבך או חמרו תעה השב תשיבנו לו‬.
(c′) 5When you see the ass of your foe suffering under its burden,
you shall resist forsaking him—(but) you must leave [the ass] with
him (‫)כי תראה חמור שנאך רבץ תחת משאו וחדלת מעזב לו עזב תעזב עמו‬.13
(b′) 6Do not pervert (‫ )לא תטה‬the case of your deprived in his dispute
(‫)אבינך בריבו‬.
(a′) 7Keep yourself away from a lying word (‫)דבר שקר‬.14 Do not kill the
innocent and blameless (‫)ונקי וצדיק‬, for I will not exonerate an evil person
(‫)רשע‬.
(x) 8Do not take a bribe, because a bribe blinds the clear-sighted and
undermines the words of the innocent.
One can compare the schematic outline of this structure in table 1.5 in chapter 1.
That table draws out and summarizes the main points of topical and stylistic
similarities between the members and thus provides an analytic commentary.
In an earlier study, I examined the fallacies involved in positing chiastic
structures generally in biblical studies and specifically with regard to the
Covenant Code. Of the various proposals for chiastic structures in CC that I
examined, the structure in 23:1–8 was the only one that I deemed legitimate,
that is, intended by the author, according to my strict criteria.15 When I wrote
that study, I was not cognizant of the string structure of CC. It now makes
sense to correlate the two strings compositionally with the chiastic form in
23:1–8. They were set around the central chiastic structure as extensions of
it. Chapter 11 explains that the two strings were themselves not chiastically
arranged but drafted parallel to each other, in order to emphasize different
themes. To anticipate, the parallel structure allows string I to emphasize the
topic of the poor at its beginning, and string II to emphasize the topic of the cult
at its end, hence the imbalance between the strings, noted previously.
The Strings of the Final Apodictic Laws and

the Epilogue of LH
Recognition of the two parallel strings in the final apodictic laws makes the
correlations with the epilogue obvious and sensible. It turns out that each string
of the final apodictic laws string replicates the sequence of elements in what I
call the exhortatory block of the epilogue. The structure of the whole epilogue
can be outlined thus:16
(a) Transitional introduction into the epilogue (col. 47:1–8)
(b) Hammurabi’s general beneficent acts for the people (nonjudicial)
(col. 47:9–58)
(c) Setting up of the law stela and the purpose for doing so (cols.
47:59–48:2)
(d) Visit of the wronged man to the law stela at the Esagil temple (col. 48:
3–58)
(e) Admonition to a future king to follow Hammurabi’s model (col. 48:
59–94)
(f) Description of an obedient king, with short blessing (cols. 48:95–49:17)
(g) Description of a disobedient king, with a long list of curses (cols.
49:18–51:91)
The exhortatory block consists primarily of sections (c)–(e) together with (f),
which parallels (e), and also the first part of (g), which parallels (e) and (f).
While exhortations and admonitions—various injunctive forms (precatives
and vetitives) as described later—appear most visibly in sections (d) and (e), a
precative form appears already at the end of section (c)—that is, šumī . . . lizzakir
“may my name be remembered”—and the phrase at the beginning of section
(c), which sets out the purpose of Hammurabi’s proclamation of law (“so that
the strong not wrong the weak and to secure justice for the destitute girl and
widow” dannum enšam ana lā abālim ekūtam almattam šutēšurim; 47:59–62),
conceptually implies a direct obligation, such as “the strong shall not oppress
the weak; one should provide justice to the orphan girl and widow.”17
The comparison of CC with the exhortatory block requires some space to
set out and must include the initial apodictic laws, which are also parallel to the
exhortatory block (see further later). Therefore, the compared texts are placed
in an appendix at the end of this chapter. The reader should refer to this to view
the data as a whole and with a critical eye.18 The discussion that follows here
contains brief, relevant citations of text to make the argument visible without
requiring reference to the full texts. A summary of the correlations is in table
1.6 of chapter 1, which is helpful as an overview for the following discussion.
The sequential correlations between the final apodictic laws and the exhor-
tatory block involve the following:
(a) String I and the exhortatory block each mention three socially disad-
vantaged persons at the beginning of their passages. LH refers to the “weak”
(enšum), the “destitute/orphan girl” (ekūtum), and the “widow” (almattum):
“So that the strong not wrong the weak and to secure justice for the destitute
girl and widow” (dannum enšam ana lā abālim ekūtam almattam šutēšurim;
col. 47:59–62). CC refers to the “immigrant” (‫)גר‬, the “widow” (‫)אלמנה‬, and the
“fatherless child/orphan” (‫)יתום‬: “You shall not oppress an immigrant; you shall
not repress him, because you were immigrants in the land of Egypt. You shall
not afflict any widow or fatherless child” (‫וגר לא תונה ולא תלחצנו כי גרים הייתם‬
‫ ;בארץ מצרים כל אלמנה ויתום לא תענון‬22:20–21).19 CC also mentions the latter two
in the punishment directed at one who abuses them in verse 23. CC truncates
the prohibition in string II, as noted earlier, and mentions only the immigrant.
The three individuals mentioned in LH and CC correlate closely. The “widow”
in LH and string I are equivalent, and the respective terms are linguistic cog-
nates. The types of poor children mentioned overlap conceptually. Both can
refer to types of orphans, or at least destitute children.20 The “weak” and immi-
grant are comparable in a general way. The “weak” in LH is powerless in a
socioeconomic sense, as are the widow and destitute girl, and stands in contrast
to the dannum “strong,” who could harm him, according to the context of the
exhortatory block.21 The immigrant in CC is impoverished or disadvantaged,
as shown by those with whom he is associated in 22:20–26 (the widow, the
fatherless, a poor person who must take a subsistence loan, and a person who
gives his garment for a pledge) and his being mentioned alongside the “son of
your female slave” (‫ )בן אמתך‬as a beneficiary of seventh-day rest (23:12).22
Each text also features explicit or implicit prohibitions by use of a negative
particle plus a verb of oppression: “do not oppress” (‫ )לא תונה‬in string I, “do
not repress” (‫ )לא תלחץ‬in string II, and “so as not to oppress/wrong” (ana lā
abālim).23 CC uses other verbs of oppression in string I: “do not repress him
(‫)לא תלחצנו‬,” “do not afflict (‫)לא תענון‬.” What is interesting with regard to these
verbs is their similar distribution. The “weak” and immigrant are each gov-
erned by one verb (‫הונה‬, abālum), and the widow and orphans are governed
as pairs by another verb (‫ענה‬, šutēšurum). The verb šutēšurum “provide jus-
tice to” is a positive expression to which “do not afflict” (‫—)לא תענון‬verb with
negation—can be seen as generally synonymous. Strictly speaking, apodictic-
related forms in the exhortatory block (i.e., precatives and vetitives) do not start
until about twenty lines later in column 47:79. But it is easy to see how purpose
clauses such as “so as to not wrong the weak” or “so as to provide justice for
the destitute girl and widow”—especially from the point of view of conceptual
grammar—could be realized as a direct prohibition: “do not wrong the weak”
and “do not afflict any widow and fatherless.” See the discussion and summary
of apodictic forms later. The inconsistency of second-person singular and plu-
ral forms in CC is addressed in chapter 12.
The double laws that benefit the poor that follow in each string (Exodus
22:24–26 and 23:10–12) do not correlate directly with material in the exhor-
tatory block of LH. Nevertheless, they are consistent with the theme of the
prohibitions that precede them in that they prescribe what must be done so that
the poor are not oppressed. This difference is therefore not a contradiction. CC
may be viewed as augmenting the initial bare prohibitions. Recall, too, from
the prior discussion that these laws in string II are associated conceptually with
the casuistic law about debt slavery in 21:2–11, which itself is tied to LH as a
source. Thus the expansive laws about the poor coordinate, ultimately though
indirectly, with LH as a source.
A minor, inconsequential correlation appears in the phrases “that the son

of your slave woman and the immigrant may be refreshed” (‫ )וַיִּנָּפֵש‬in 23:12 and
“may he calm his heart” (libbašu linappišma) in the passage about the visit of a
wronged man to Hammurabi’s stela (col. 48:18–19; see later on this passage).24
Both use a verb form derived from the Semitic root npš. It may not be an acci-
dent that CC’s immigrant in 22:20 and 23:9, who is equivalent to Hammurabi’s
weak person (enšum) who might be wronged (abālum) according to the begin-
ning of the exhortatory block, experiences a type of satisfaction in 23:12, just
as the “wronged man” (awīlum ablum), described with an adjective from the
verb abālum in LH, experiences satisfaction.25 CC provides a terminological
tie between its two passages. The law against oppressing the immigrant at the
beginning of string II, the string in which the seventh-day refreshment clause
is found, uses the root ‫ נפש‬in connection with the immigrant: “Do not repress
the immigrant; you know the mind (‫ )נפש‬of the immigrant because you were
immigrants in Egypt” (23:9).26
(b) The next correlation in the strings of the final apodictic laws and the
exhortatory block is the reference to speaking about a sovereign. LH calls for
the memorialization of Hammurabi’s name: “In the Esagil temple that I love
may my name be recalled kindly forever” (ina Esagil ša arammu šumī ina
damiqtim ana dār lizzakir; cols. 47:93–48:2). After the short call to observe all
that the deity has commanded, Exodus 23:13b commands: “You shall not men-
tion the name of other gods or let it be heard on your lips” (‫ושם אלהים אחרים לא‬
‫)תזכירו לא ישמע על פיך‬. This uses the same Semitic root, zkr, for the verb mention
or remember and also uses the Semitic noun šm “name.” We see later in this
chapter that the initial apodictic laws (at 20:24) provide the closest and primary
analogue to the phrase in LH. It replaces Hammurabi with Yahweh and turns
the phrase into a statement about Yahweh’s announcing his own name. The
prohibition in 23:13b is the other side of this coin; whereas Yahweh’s name may
be proclaimed or memorialized in 20:24, the names of other gods may not be,
according to 23:13.
The corresponding prohibition in 22:27 in string I, “Do not curse God and
do not curse the chieftain among your people” (‫)אלהים לא תקלל ונשיא בעמך לא תאר‬,
does not use the terminology of name memorialization of LH (zkr “remember,”
šm “name”). Nevertheless, CC’s motif of cursing is an extension of that concep-
tion. This verse, like the passage about the memorialization of Hammurabi’s
name in 20:24, has to do with speaking about sovereigns. Thus in 20:24 (see
later), 22:27, and 23:13b, CC covers an entire spectrum of linguistic propriety
with respect to sovereigns.
The brief command to obey the deity in 23:13a, which comes before the pro-
hibition of mentioning the names of other gods in verse 13b, is another minor
nonsequential correspondence (in addition to the verb npš, “be refreshed/
calmed,” discussed before). This clause, “Be observant in regard to every-
thing that I have said to you” (‫ִשּמֵרו‬ָ ‫)ובכל אשר אמרתי אליכם ת‬, is similar to the
words of admonition found in the counsel to a future king about a column
further on in the exhortatory block (to be discussed later): “Let him keep the
just commands that I have written on my stela” (awât mīšarim ša ina narîya
ašuru liur; col. 48:64–67); “let him give heed to the words that I have writ-
ten on my stela” (ana awâtim ša ina narîya ašuru liqūlma; col. 48:78–79).
The phrasing is found twice more, formulated indicatively, at the beginning
of the ensuing paragraphs that describe cases where the future king maintains
or does not maintain Hammurabi’s laws: “If that man gives heed to the words
that I have written on my stela” (šumma awīlum šū ana awâtīya ša ina narîya
ašuru iqūlma; col. 49:2–5) and “If that man does not give heed to the words
that I have written on my stela” (šumma awīlum šū ana awâtīya ša ina narîya
ašuru lā iqūlma; col. 49:18–22). Thus the motif has conceptual importance in
LH’s description. The idiom -‫“ נשמר ב‬to be observant with respect to” in CC’s
passage is conceptually close to qâlum (“maintain respect for, obey”), found
in the three latter instances, and the root ‫ שמר‬is especially close in meaning
to naārum (“to guard, keep”), found in the first instance. The syntax of CC’s
phrasing is also similar to the wording of LH, with the conceptual object first
and the verb of obedience at the end. Furthermore, CC refers to what the deity
speaks as the object of observance. This is comparable to the awâtum “words”
of LH, to which heed must be given.
(c) The paragraph just after the call for the memorializing of Hammurabi’s
name in the exhortatory block speaks of a wronged man going to Hammurabi’s
statue and stela to seek clarification of his case: “Let a person that has been
wronged, who has a case, come before the statue of me, the king of justice
(i.e., Hammurabi)27 and let him have my inscribed stela read28 to him” (awīlum
ablum ša awātam iraššu ana maar almīya šar mīšarim lillikma narî šaram
lištassīma; col. 48:3–8).29 This visit is cultic and devotional as well as judicial
in nature, since Hammurabi’s monuments are set up in the Esagil temple com-
plex, according the description provided earlier by the exhortatory block itself
(cols. 47:59–48:2). The cultic and devotional nature of the visit is further seen
in the prayer of praise that the visitor offers and that is described as the passage
continues. He addresses Marduk and Zarpanitu and eulogizes Hammurabi for
his submission to Marduk and provision of justice. The text then says, with
Hammurabi as speaker: “May he (the visitor) say this (the foregoing prayer),
and may he pray whole-heartedly before Marduk my lord and Zarpanitu my
mistress” (annītam liqbīma ina maar Marduk bēlīya Zarpānītum bēltīya ina
libbīšu gamrim likrubam; col. 48:39–47). The prayer is thus a prescribed act.
Hammurabi caps the wronged man’s prayer with his own, mentioning the tem-
ple: “May the protective deity, the tutelary deity, the gods that enter the Esagil,
and the bricks of the Esagil make the ominous utterances favorable day by
day before Marduk my lord and Zarpanitu my mistress” (šēdum lamassum ilū
ēribūt Esagil libitti Esagil igirrê ūmišam ina maar Marduk bēlīya Zarpānītum
bēltīya lidammiqū; col. 48:48–58).
The theme of festival pilgrimage in Exodus 23:14–19 in string II correlates
with the wronged-man passage in the exhortatory block. In CC’s passage, the
verb ‫( חגג‬v. 14) means “celebrate by making pilgrimage” and the noun ‫ חג‬means
“pilgrimage festival” (vv. 15, 16). Travel to a sanctuary is implicit in this termi-
nology. The first fruits law in 23:19 is explicit about the location of the festivals
when it says that the produce is brought to “the house of Yahweh your God.” A
primary terminological correlation with LH is found in the phrases “they shall
not appear before me empty-handed” (‫ ;ולא יֵרָאוּ פני ריקם‬23:15) and “every one of
your males shall appear before the Lord, Yahweh” (‫;יֵ ָראֶה כל זכורך אל פני האדן יהוה‬
23:17). The verbs in these passages should probably be emended to active verbs:
“they shall not see my presence (‫ )לא יִרְאוּ פני‬empty-handed” and “every one of
your males shall see the Lord (‫ את פני האדן‬. . . ‫)יְִראֶה‬, Yahweh” (cf. 34:23; Deut
16:16).30 But even with active verbs, CC’s phrases correspond conceptually and
phenomenologically with the requirement “let him come before the statue of
me, the king of justice” in Hammurabi’s text. In both texts, the person comes
into the presence of the sovereign or his symbol. In any case, Hammurabi’s pas-
sage does speak about visualization in respect to the sovereign’s symbol: “May
he hear my treasured words. May my stela reveal the case to him. May he see
(līmur) his case” (col. 48:12–17).
Furthermore, the appellation “Lord” (‫ )האדן‬is used only here in CC of the
deity.31 The corresponding passage from the epilogue is replete with magiste-
rial epithets. The goal of visitation is “the statue of me, the king of justice
(šar mīšarim).” The praise of Hammurabi to be spoken by the pacified inves-
tigator also includes several examples of the term lord (bēlum): “Hammurabi,
the lord, who is like a father and begetter to the people, submitted himself to
the command of Marduk, his lord, . . . he made the heart of Marduk, his lord,
glad . . . ” (ammurabīmi bēlum ša kīma abim wālidim ana nišī ibaššû ana awāt
Marduk bēlīšu uštaktitma . . . libbi Marduk bēlīšu uīb; col. 48:20–38). The titles
bēlum “lord” and bēltum “lady” also appear in the next paragraph that instructs
the visitor to pray (see the cited text): “May he pray whole-heartedly before
Marduk my lord and Zarpanitu my lady. May (the various deities) make favor-
able the ominous utterances day by day before Marduk my lord and Zarpanitu
my lady” (ina maar Marduk bēlīya Zarpānītum bēltīya ina libbīšu gamrim
likrubam . . . igirrê ūmišam ina maar Marduk bēlīya Zarpānītum bēltīya
lidammiqū; col. 48:41–58).
The correlation of judicial visitation to Hammurabi’s statue and stela with
pilgrimage to Yahweh’s sanctuary becomes more cogent in chapter 11, which
describes how CC has replaced the statue of Hammurabi in the Esagil temple
with Yahweh’s altar in the sanctuary and has also replaced Hammurabi with
Yahweh. When one allows for these creative transformations to the wronged-
man passage, it is not far from the notion of a pilgrimage festival context.
Chapter 9 also notes that the wronged-man passage has possibly been influ-
ential in describing travel or movement to a sanctuary for legal review in the
casuistic laws of 21:6, 13; 22:7, 8.
The relationship of the wronged-man passage to the cultic laws in string I
(22:28–30) is indirect, through the structure that CC has created. As noted in
the previous discussion on the strings in CC, and as chapter 11 describes in

some detail, the laws about bringing offerings and sacrifice and the require-
ment of purity in 22:28–30, as well as the miscellaneous cultic laws in 23:18–19,
are to be considered associated with festival performance. The cultic laws of
string I are therefore associable ultimately with the festival motif, which, in
turn, is connected to the wronged-man passage.
In terms of overall correspondence, the strings of the final apodictic laws
mainly focus on passages of the exhortatory block that have the verb abālum
“to wrong.” The verb appears at the beginning of the exhortatory block in
connection with oppression of the weak person. CC’s prohibitions against
oppressing the underprivileged and associated laws about the poor (22:20–26;
23:9–12), as we have seen, correlate with this instance of abālum. Later, CC’s
festival laws (23:14–17) and in their orbit all the other cultic laws (22:28–30;
23:18–19) correlate with the passage about the wronged man, who is described
with an adjective from the same verb (awīlum ablum). Therefore, even though
the relatively brief laws about speaking about sovereigns (22:27; 23:13b) stand
outside this thematic concern, one might identify the correlations of strings I
and II with LH, just described, as “the abālum thematic axis.”32 The identifi-
cation of this axis becomes significant when later we identify another thematic
axis in the initial apodictic laws. The laws about speaking of sovereigns in the
strings of the final apodictic laws actually intersect with this other axis. (For a
visualization of these thematic axes in anticipation, see figure 11.1 at the end
of chapter 11.)
The Chiastic Passage about Justice
Immediately after the passage about a wronged man visiting and praying
at the Esagil temple, the exhortatory block continues with commands to a
future king to observe and preserve Hammurabi’s legal decisions, eradicate
the wicked, and provide well-being for the people (cols. 48:59–49:1). This is
followed by a description of the king’s obedience and consequent blessing
(col. 49:2–17) and then a description of the king’s possible disobedience (col.
49:18–44), accompanied by a lengthy catalog of curses (cols. 49:45–51:91).
These descriptions of obedience and disobedience reiterate the vocabulary
used for exhorting a king to obedience at the beginning of the future king
passage.
The future-king passage correlates with the chiastic block about proper
judgment and justice in 23:1–8 (cited previously) that comes immediately after
string I in CC. Although elsewhere in the epilogue the theme of justice appears
in scattered fashion in descriptions of what Hammurabi achieved, it is in the
future-king passage that we find a concentration of prescriptions about the pur-
suit of justice. The exhortations include the following (drawn from col. 48:62–
94; probably only coincidentally a “decalogue”):
May any king who appears in the land keep the just commands that I
have written on my stela.
May he not alter the law of the land that I have set down. . . .
May he not remove my ordinances. . . .
May he respect the words that I have written on my stela.
May this stela reveal to him the way, behavior, the law of the land. . . .
May he secure justice for humankind.
May he set down their (the people’s) law.
May he render their verdicts.
May he root up evil and wicked (persons) from his land.
May he promote the welfare of his people.
Exodus 23:1–8 shares this same general theme and seeks to ensure judicial pro-
priety. This theme appears only here in the broad context of CC.
In addition to the correlation in general theme and prescriptive tenor, CC’s
laws on justice and judgment correlate with the exhortations of the future-king
passage at various points. The future-king passage is mainly concerned that the
king does not alter Hammurabi’s stela and ordinances. This is reiterated with
different verbs and nouns in the exhortatory and descriptive sections:
Exhortation:
May he not alter the law of the land that I have set down or the verdicts
of the land that I have rendered (dīn mātim ša adīnu purussē mātim ša
aprusu ay unakkir).
May he not remove my ordinances (uuratīya ay ušassik; col. 48:68–74).
Description of Obedience:
If . . . he does not remove my law (šumma . . . dīnī lā ušassik),
he does not overthrow my words (awātīya lā uštepīl),
he does not alter my ordinances (uuratīya lā unakkir; col. 49:6–10).
Description of Disobedience:
If . . . he erases the law that I set down (šumma . . . dīn adīnu uptassis),
he overthrows my words (awātīya uštepīl),
he alters my ordinances (uuratīya uttakkir; col. 49:27–32).
CC’s repeated prohibitions about not perverting judgment are similar in con-
tent and emphasis: “Do not pervert the justice/judgment of your poor in his
case” (‫ ;לא תטה משפט אבינך בריבו‬23:6); “Do not side with the multitude to do evil
and do not give testimony in a dispute to follow after the multitude to pervert
<judgment>” (<‫;לא תהיה אחרי רבים לרעת ולא תענה על רב לנטת אחרי רבים להטת >משפט‬
v. 2).33 The parallel chiastic member in verse 6 suggests that we read, at least
conceptually, the word ‫“ משפט‬judgment” after the C-infinitive in verse 2.34 If
any instance of the root ‫ נטה‬is secondary, it would be in the phrase “to follow
after the many” (‫)לנטת אחרי רבים‬. But such an excision may not be necessary,
especially if ‫ נטה‬is a Leitwurzel that echoes LH.
In addition to the emphasis on the perversion of law or justice in both texts,

the three subsections of the passage about the future king stress his adherence
to the “words” (awâtum) written on the stela:
Exhortation:
Let him keep the words of justice that I have written on my stela (awât
mīšarim ša ina narîya ašuru liur). . . . Let him give heed to the words
that I have written on my stela (ana awâtim ša ina narîya ašuru liqūlma;
col. 48:64–67, 78–79).
Description of Obedience:
If that man has given heed to my words that I wrote on my stela (šumma
awīlum šū ana awâtīya ša ina narîya ašuru iqūlma) . . . (col. 49:2–5).
Description of Disobedience:
If that man does not give heed to the words that I wrote on my stela
(šumma awīlum šū ana awâtīya ša ina narîya ašuru lā iqūlma) . . . (col.
49:18–22).
CC similarly focuses on the concept of “word” in its admonitions to avoid a
“false rumor” (‫ )שמע שוא‬and especially the “lying word ” (‫ )דבר שקר‬in the outer
(a-a′) members of CC’s chiastic form. The Hebrew terms correlate by contrast
specifically with awât mīšarim “words of justice” in the exhortation passage.
Given that CC is creative in its use of LH and has a penchant for inversion of
concepts from its sources, as we will see in detail in part II, it is not impossible
that Hammurabi’s positive awâtum “words” stimulated this contrastive repre-
sentation of negative judicial words. We should not forget that the lines from
the future-king passage about heeding Hammurabi’s words, just cited, also cor-
relate with the out-of-sequence command in 23:13a, “Be observant in regard
to everything that I have said to you,” as noted previously. Thus Hammurabi’s
lines about “words” may have been prominent in CC’s creative imagination.
The passage on justice in Exodus 23:1–8 also refers to the ‫“ רשע‬wicked”
(twice, in 23:1 and 7) and the antonyms ‫(“ נקי‬an) innocent (person)” and ‫צדיק‬
“(a) blameless (person)” (both in v. 7). Only in the passage on the future king
does the epilogue speak of evil persons, the raggum and ēnum: “May he root
up evil and wicked (persons) from his land” (ina mātīšu raggam u ēnam
lissu). This pair is mentioned otherwise only in the prologue, in a passage that
anticipates the content of the exhortatory block.35
In addition to the general and specific thematic correspondences, Exodus
23:1–8 and Hammurabi’s passage about the future king also correspond in their
type of structure. As explained before, Exodus 23:1–8 exhibits a chiastic struc-
ture that must be judged to have been intentionally crafted in view of its com-
plexity and tightness, as well as in its extension by the two strings of the final
apodictic laws. The exhortation to the future king and the description of the
king’s obedience also contain a structure with reversed elements:
(a) May he not alter the law of the land that I have set down or the verdicts
of the land that I have rendered,
(b) may he not remove my ordinances.
(c) If that man has understanding and he is able to provide justice
for his land, let him give heed to the words that I have written on
my stela.
(d) May this stela reveal to him the way, behavior, the law of the
land that I have set down and the verdicts of the land that I have
rendered. May he secure justice for humankind.
(e) May he set down their law.
(e′) May he render their verdicts.
(d′) May he root up the evil and wicked from his land. May he
promote the well-being of his people. I am Hammurabi, king of
justice, on whom Shamash has bestowed truth.
(c′) My words are choice; my deeds are without equal. They are
vanity to the fool, but to the wise they are objects of praise. If that
man gives heed to my words that I have written on my stela
(b′) and he does not remove my law, he does not overthrow my words,
(a′) he does not alter my ordinances.
In this structure, the c-members correlate almost exactly in their clauses refer-
ring to the king’s obedience and wisdom. The a- and b-members correlate in
the reversal of their verbs, even though the associated nouns are not reversed
and b′ has an extra line, about overthrowing words. The two d-members are
more loosely connected but refer to the “land,” “humankind,” and the “people.”
The d-members resolve themselves in the context mainly by identification of
the central concise and very parallel e-members, which focus on the future
king’s positive obligations of rendering law and verdicts, as opposed to the
negative formulations in the a- and b-members.
Because of the imprecision of some of the correlations between members in
this structure and in view of my methodological hesitation about chiastic analy-
ses, I would not claim that this chiastic structure was intended by the author of
LH, at least as a pure chiastic structure. Particularly problematic for construing
this as an intentional structure is the c′-member, which contains the end of one
section and the beginning of the next. But intentionality of the author does not
matter. It is only necessary for our analysis that a reader might perceive such
a structure. That the rudiments of a chiastic structure in the future king pas-
sage is visible is confirmed by Avigdor Hurowitz’s study of the epilogue, which
observed some of the elements of this chiastic form. His analysis provides inde-
pendent confirmation of the perception of the form, inasmuch as I consulted
his study only after my identification of the structure in LH.36 Hence, even
though there are infelicities present in the structure as just laid out, it is very
possible that CC, which reflects an attentive reading of LH generally as part II
shows, could have perceived elements of a reversing structure in this part of the
exhortatory block, and that it took this as a cue to create a more perfect chiastic
structure in its work.
That this reversing structure was visible to CC’s author is supported by the
observation of thematic ties between the passage about the future king and
Exodus 23:1–8. Terminology determinative for the chiastic structure of LH is
structurally determinative in CC’s passage, including various verbs describing
the perversion of justice (šussukum, nukkurum, šupēlum; cf. ‫ ; ִהטָּה‬CC’s b-mem-
bers) and words for “word” (awâtum; ‫רבד‬, ‫ ;שמע‬CC’s a-members). Further note
that the command in 23:13a, “Be observant in regard to all that I have said to
you,” which in CC stands outside the topical sequence of the exhortatory block
and appears thereby to have an emphatic tenor, correlates with the content of
the c-members of the future-king passage, one of the more exact correspon-
dences in Hammurabi’s chiastic structure.
One of the differences in 23:1–8 and the admonitions to the future king is
that the latter are concerned about the royal administration of justice, whereas
CC’s rules pertain to the everyday judicial system and those participating in
it. Still, the epilogue passage implies the lower everyday judicial system by its
use of language found in connection with that system. LH 5 deals with a case
in which a judge reverses a decision that he has made. The protasis describes
his activity thus: “If a judge sets down a law and renders a verdict” (dīnam idīn
purrusâm iprus). The same language is found in the future-king passage: “may
he not alter the law of the land which I have set down (dīn mātim ša adīnu) or
the verdicts of the land which I have rendered (purussē mātim ša aprusu)” (col.
48:68–72); “may this stela explain to him the way, behavior, the law of the land
which I have set down (dīn mātim ša adīnu), and the verdicts of the land that I
rendered (purussē mātim ša aprusu)” (col. 48:80–85). This language stands at
the core of Hammurabi’s chiastic structure: “May he set down their law; / may
he render their verdicts (dīnšina lidīn / purussāšina liprus)” (col. 48:88–90).37
Apodictic Formulation in the Final Apodictic Laws and

the Exhortatory Block
As important as any of the foregoing topical correlations with the final apo-
dictic laws is the fact that the exhortatory block is the only place in the epi-
logue or prologue that contains formulations in injunctive style, cognate to the
style of the final apodictic laws.38 The exhortations and admonitions in this
section of the epilogue are formulated as third-person imperatives, specifically,
as precatives (positive commands; col. 48:3–8, 9–11, 12–14, 15–16, 17, 18–19,
39–47, 59–67, 79, 80–85, 87, 88–90, 91–92, 93–94) and vetitives (prohibitions;
col. 48:68–72, 73–74). The purpose clauses at the beginning of the exhorta-
tory block (col. 47:59–78; e.g., “in order that the strong not wrong the weak
and to secure justice for the destitute girl and widow”), though not techni-
cally apodictic, are related, inasmuch as they imply behavioral prescriptions,
as described previously. The apodictic forms of the final apodictic laws include
second-person prohibitions with ‫“ לא‬no(t)” (22:17, 20, 21, 24, 27, 28, 30; 23:1,
2, 3, 6, 8, 9, 13, 18, 19); second-person prohibitions with ‫“ אל‬no(t)” (23:1, 6);
second-person positive commands (22:25, 28, 29, 30; 23:4, 5, 7, 10, 11, 12, 14,
15, 19); third-person prohibitions with ‫“ לא‬no(t)” (23:15, 18); and third-person
positive commands (22:18, 19; 23:10, [12], 17).39 Thus, though the overall genre
of the prologue and epilogue is distinct from that of CC’s sections of apodictic
law, the exhortatory block specifically can be seen as providing the stylistic
stimulus for CC’s formulation.
Themes Unsuited to Casuistic Law
Another fact that deepens the perception of the correspondence of the final
apodictic laws with the epilogue is that these parts of the respective texts con-
tain topics and features that do not appear in and may be considered unsuited
to casuistic law. These include ethical prescriptions about the treatment of the
poor,40 cultic laws, and the portrayal of dynamic deities. The first two top-
ics have already been surveyed in the study of the sequential correspondences
earlier. The last feature—the portrayal of dynamic deities—warrants explana-
tion here.41 In the casuistic laws, the gods appear limitedly, in juridical, ordeal,
or event-causal contexts (Exod 21:6, 13; 22:7–8, 10; LH 9, 20, 23, 106, 120,
126, 131, 240, 249, 266, 281; for the divine river ordeal, see LH 2, 132). These
gods are generally not named or described in any detail, and their actions, if
described at all, are limited. However, as the two texts shift genres in their final
sections, their respective gods become prominent and lively beings.
Within the exhortatory block of the epilogue, Anu and Enlil are said to have
exalted Babylon (col. 47:63–66). The authority of Shamash is invoked to make
Hammurabi’s justice prevail, and the authority of Marduk is invoked to pro-
tect Hammurabi’s ordinances (col. 47:84–92). The wronged man coming to
Hammurabi’s statue and stela speaks of the king’s submission to Marduk, and
the visitor prays to Marduk and Zarpanitu (col. 48:20–47). These and other
gods are called upon to generate favorable omens (col. 48:48–58). The end of
the passage about the future king says that Shamash granted Hammurabi truth;
that is, the god was the source of the law (col. 48:95–98; cf. 47:84–88). The king
who follows Hammurabi’s judgments is to be given a long reign by Shamash
(col. 49:14–15).
In the final apodictic laws, Yahweh is also the source of law, a fact indicated
by the first-person formulation that describes his revelation of the law (22:23,
24, 26, 28–30; 23:6, 13, 15, 18). He is to be visited and worshipped during the
festivals (23:14–18). The people are to be holy to him (22:30). In addition, he is
described as heeding the cry of the socially disadvantaged and coming to their
aid, even cursing those who harm them: “If you do mistreat them (the widow and
orphan), when they cry to me I (God) will heed their call. I will become angry
and slay you with the sword. Your wives will become widows and your children,
orphans” (22:22–23); “when he (the person’s whose garment was retained as a
pledge) calls to me, I will take heed, because I am gracious” (22:26).
The passages about Yahweh’s threat for oppressing the poor, just cited, do
not correlate with the exhortatory block, but they do have some accord with the
section on curses that will befall a king who does not observe Hammurabi’s
model of justice (col. 49:45–51:91). This list contains pronouncements of anni-
hilation similar to 22:22–23: “Let him (Enlil) pronounce with his revered
mouth . . . the destruction of his city, the scattering of his people, the supplant-
ing of his kingship, and the disappearance of his name and memory from
the land” (alāq ālīšu naspu nišīšu šarrūssu šupēlam šumšu u zikiršu ina
mātim lā šubšâm ina pīšu kabtim liqbi; col. 49:73–80);42 “May the grievous
word of Shamash quickly catch him; above may he uproot him from the liv-
ing” (awātum maruštum ša Šamaš ariš eliš balūtim lissušu; col. 50:31–36).
As in 22:22–23, 26, the divine emotions of anger and compassion are evident:
“May she (Ishtar) curse his rule with her angry heart and great enmity” (ina
uzzātīša rabiātim šarrūssu līrur; col. 50:99–103). This contrasts with Ishtar’s
being Hammurabi’s “beneficent protective spirit who loves my rule” (lamassī
damiqtum rā’imat palêya; col. 50:96–98).43
A general contrast with the epilogue is CC’s singular deity over against
the plurality of LH. In addition to mentioning various gods who have blessed
Hammurabi and his people, and to whom Hammurabi has submitted himself
(in the order encountered: Enlil, Marduk, Zababa, Ishtar, Ea, Anu, Shamash,
Zarpanitu), the deities of the curse section include Anu, Enlil, Ninlil, Ea,
Shamash, Sin, Adad, Zababa, Ishtar, Nergal, Nintu, Ninkarrak, and the great
gods of heaven and earth. The final apodictic laws of CC contrast specifically
with this delineation in its directive: “Do not mention the name of other gods;
let them not be heard on your lips” (23:13).
Genre Shift and the Continuation of

Sequential Correlations
The last sequential parallel in the casuistic laws of the two law collections is
between Exodus 22:13–14 and LH 268–271, laws concerning animal rental. LH
268–271 is nearly at the end of the casuistic laws of LH. Fewer than a dozen
paragraphs remain; LH 272–277 finishes the topic of rental, and LH 272–282
concludes with the purchase of slaves. It is remarkable that at about this same
point, CC also shifts genres, though from casuistic to apodictic law. Only a few
verses intervene between the animal rental laws in 22:13–14 and the start of the
apodictic laws in 22:20. These consist of the casuistically formulated law on
seducing an unbetrothed virgin (22:15–16) and three participially formulated
laws on sorcery, bestiality, and sacrifice to other gods (vv. 17–19). Part II shows
that all of these intervening verses are contextually (though not composition-
ally) supplemental. They come from sources other than LH and are footnotes
to the main body of the casuistic laws. The material that correlates with LH,
therefore, jumps from 22:14 to 22:20.44
Not only do the texts shift genre at approximately the same point but also
their sequential correlations continue within their respective new genres, as
indicated by the evidence considered earlier. This allows us to add four points
of sequential correspondence, numbered 15 through 18 in table 3.1, to the four-
teen sequential correspondences in the casuistic law that were delineated in
table 1.1 of chapter 1. The correspondences between CC’s final apodictic laws
with the epilogue begin not far into the epilogue. The first lines of the epilogue
(col. 47:1–8) are a transitional introduction, motifs of which correspond other-
wise with CC’s transitional introduction in 21:1 (see later in this chapter). The
next section of the epilogue (col. 47:9–58; cited near the beginning of chapter
11) summarizes the general benefits that Hammurabi achieved for his people.
The exhortatory block comes next, still in the first column of the five-columned
epilogue (see the earlier outline of the epilogue). Hence the main correlations
between CC and LH are from approximately the middle of Hammurabi’s casu-
istic laws (debt-slavery in LH 117 and 21:2–11) through the middle of the epi-
logue (i.e., through the future-king passage in cols. 48:59–49:44). This can
hardly be an accidental correlation.
The Initial Apodictic Laws and the

Prologue and Epilogue
The apodictic laws at the beginning of CC (Exod 20:23–26), plus the contigu-
ous introduction to the casuistic laws (21:1), are to be considered a unit. This
has correlations with both the prologue and epilogue of LH. It corresponds
Table 3.1: Extension of table 1.1 (chapter 1) with correlations between the
final apodictic laws of CC and the exhortatory block of the epilogue of LH
Final Apodictic Laws of CC
Epilogue of LH
String I & passage on justice String II (exhortatory block)
15. 22:20–26 poor to be 23:9–12 poor to be protected, 47:59–78 Poor to be

protected (three individuals), given benefits protected (three individuals)
not extorted
16. 22:27 God and chieftain not 23:13b names of other gods 47:79–48:2 Hammurabi’s
to be cursed not to be mentioned (‫ םש‬+ ‫ )זכר‬name to be memorialized
(šumum + zakārum)
17. 22:28–30 cultic rules 23:14–19 pilgrimage festivals 48:3–58 wronged man
(associable with festivals) and associated cultic rules to visit Esagil temple to
inspect case and pray
18. 23:1–8 justice 48:59–44 future king to
pursue justice
with the prologue mainly in its being a block of material of a different genre
that stands before a central body of casuistic laws. CC’s general structure thus
matches the overall A-B-A pattern of LH. The initial apodictic laws also corre-
late with the prologue topically in dealing with cultic matters, the major theme
of the prologue. This unit also shares with the prologue an introduction at the
end that provides a transition into the casuistic laws. Otherwise, the specific
cultic topics of this opening passage—divine images and the altar—and its
apodictic style correlate with the exhortatory block of the epilogue. We start
our review with the correlations with the exhortatory block because its content
is already in mind from the preceding analysis of the final apodictic laws.
Correlations between the Initial Apodictic Laws and

the Exhortatory Block
The sequence of topics of the initial apodictic laws matches that of the exhorta-
tory block of the epilogue but involves another set of topics except for the mat-
ter of name memorialization. These different thematic correlations thus enlarge
the overall set of correspondences between CC and the exhortatory block. As
we discuss the topical correlations for the initial apodictic laws, the reader is
again directed to the full texts presented side by side at the end of this chapter
in order to follow the primary data, as well as to the summary in table 1.6 of
chapter 1. Three main correlations appear between the initial apodictic laws
and the exhortatory block:
(a) CC’s first law prohibits the construction of images: “Do not make with
me gods of silver, and do not make gods of gold for yourselves” (‫לא תעשון‬
‫ ;אתי אלהי כסף ואלהי זהב לא תעשו לכם‬20:23).45 Soon after the lines that describe
Hammurabi’s benefits for the three socially disadvantaged persons, which cor-
relate with the first laws in the strings of the final apodictic laws, the exhorta-
tory block refers to the statue of Hammurabi. The king says: “for the purpose
of setting down the law of the land, to render the verdicts of the land, and to
secure justice for the wronged, I have written my treasured words on my stela
and set (it) up before the image of me, the king of justice” (dīn mātim ana
diānim purussê mātim ana parāsim ablim šutēšurim awâtīya šūqurātim ina
narîya ašurma ina maar almīya šar mīšarim ukīn; 47:70–78). Both texts are
therefore concerned about images or symbols of sovereign powers.
CC prohibits the creation of such images and prescribes a substitute.
Immediately after its ban, it writes: “An altar of earth you shall make for me.
You shall sacrifice on it your burnt offerings and your well being offerings,
your flock animals and your cattle” (‫מזבח אדמה תעשה לי וזבחת עליו את עלתיך ואת‬
‫ ;שלמיך את צאנך ואת בקרך‬v. 24). Chapter 11 describes the contextual coherence
of verse 23 and verses 24–26 and how the latter verses form a contrast to the
former. That chapter also describes the functional similarity of the statue and
the altar. For example, both are foci of cultic activity and are symbols of the
sovereign. They are also targets of pilgrimage. This is explicit in the wronged-
man passage of the exhortatory block and is implicit in the festival and sacrifi-
cial laws of CC, as discussed earlier.
(b) The initial apodictic laws next provide theological contextualization for
the altar. This begins with an adverbial clause that reads: “in every place where I
proclaim my name . . . ” (‫ ;בכל המקום אשר אזכיר את שמי‬v. 24).46 This correlates pre-
cisely with the phrase in the exhortatory block: “in the Esagil (temple) which I
love may my name be remembered kindly forever” (ina Esagil ša arammu šumī
ina damiqtim ana dār lizzakir; 47:93–48:2). Both phrases have a prepositional
phrase referring to a cult place: “in every place” // “in the Esagil temple.” The
“place” (‫ )מקום‬in CC is a sanctuary, as is evident from the context. Both texts
refer to the sovereign’s name by using the Semitic noun šm “name,” accompa-
nied by the first-person suffix (“my”; -ī), referring to the sovereign. And both
texts refer to the memorialization of the sovereign’s name by using the Semitic
root zkr “remember, recall” (as a causative stem in CC, “mention, cause to be
remembered, proclaim”).47 We saw before that each of the two strings of the
final apodictic laws also has a member that correlates with this phrase from
Hammurabi’s exhortatory block (string I: 22:27; string II: 23:13b). CC’s three-
fold reflection of this motif, each in a larger web of sequential correlations with
the exhortatory block, surely exceeds coincidence.48
(c) The clause about the declaration of Yahweh’s name in a cult place, in con-
nection with the altar, is governed by a main clause that follows: “I will come
to you and bless you” (‫ ;אבוא אליך וברכתיך‬20:24bβ). This is similar to the end of
the passage about the visit of a wronged man to the temple: “May the protec-
tive deity, the tutelary deity, the gods that enter the Esagil,49 and the bricks of
the Esagil make the ominous utterances favorable daily before Marduk my lord
and Zarpanitu my mistress” (šēdum lamassum ilū ēribūt Esagil libitti Esagil
igirrê ūmišam ina maar Marduk bēlīya Zarpānītum bēltīya lidammiqū; col.
48:48–58). Yahweh’s coming to the sanctuary is comparable to the “entering”
(erēbum) into the Esagil temple. The verb erēbum is used in other texts of gods,
specifically their images, entering temple or shrines (see chapter 11 for detail).
The passage from the exhortatory block also hopes for a type of blessing from
the deities, making the ominous utterances favorable, described with the verb
lidammiqū.50 Although this verb has a particular meaning in its context, more
broadly it may mean “to do a favor, to treat kindly, to approve, to do good
deeds,” with an object that receives this benefit.51 Thus its semantic field over-
laps the Hebrew verb ‫“ ֵברֵך‬bless” (more on this later).
The correspondence of the motifs of entering and making favorable with
CC’s divine coming and blessing becomes more compelling on noticing that
CC’s motifs in 20:23–24 happen to match the only passages in the exhorta-
tory block—and the epilogue, for that matter—that mention the Esagil temple.
Table 3.2 lists these points of comparison. The only other place in all of LH
where the Esagil is mentioned is in the prologue in the brief description of
Hammurabi’s service for the Esagil (col. 2:10–12).
Table 3.2: The Esagil correlations between the initial apodictic laws and the
exhortatory block
A . . . in the Esagil, the temple whose Do not make with me gods of silver and
foundations are firm like the heaven and the gods of gold do not make for yourselves;
earth . . . I set up (the stela) before the image an altar of earth you shall make for me and
of me, the king of justice (col. 47:67–69, you shall offer on it your burnt offerings
76–78) and your well-being offerings, your flock
animals and your cattle.
...
B in the Esagil, which I love In every (cult) place where
may my name be recalled kindly forever I cause my name to be recalled
(47:93–48:2)
...
C may the protective deity, the tutelary deity, I will come to you (there)
the gods that enter the Esagil, and the bricks
of the Esagil
make favorable the ominous utterances and I will bless you
day by day before Marduk my lord and
Zarpanitum my mistress (48:48–58)
A . . . ina Esagil bītim ša kīma šamê u eretim ‫לא תעשון אתי אלהי כסף ואלהי זהב לא תעשו‬
išdāšu kīnā . . . ina maar almīya šar ‫לכם מזבח אדמה תעשה לי וזבחת עליו את עלתיך‬
mīšarim ukīn (col. 47:67–69, 76–78) ‫ואת שלמיך את צאנך ואת בקרך‬
...
B . . . ina Esagil ša arammu ‫בכל המקום אשר‬
šumī ina damiqtim ana dār lizzakir ‫אזכיר את שמי‬
(47:93–48:2)
...
C šēdum lamassum ilū ēribūt Esagil libitti ‫אבוא אליך‬
Esagil
igirrê ūmišam ina maar Marduk bēlīya ‫וברכתיך‬
Zarpānītum bēltīya lidammiqū (48:48–58)
Both texts in the A-section in table 3.2 refer to images. As noted in the
prior discussion, CC rejects making images and instead requires building an
altar. The correlations with LH at this point are conceptual, not terminological.
This changes in the B-section, where CC’s wording corresponds point by point.
Both texts mention a cult place with an attached preposition (“in the Esagil”;
“in any place”). The texts in this register also have a relative pronoun referring
to the cult place, though the following contexts are different. Both texts next
have the name memorialization clause, with Semitic šm and zkr. The texts in
the C-section refer to the “entering” or “coming” of the gods. Note that CC’s
goal of coming is conceptually the “place” (‫ )מקום‬already mentioned. This is
followed by the motif of the gods providing a favor or benefit. This whole set of
correspondences may be labeled “the Esagil axis,” in contrast to the abālum-

axis in the two strings of the final apodictic laws, noted previously. As chapter
11 shows, attention to these two axes helps to explain how and why CC focused
on different motifs within the same passage in the epilogue to create different
sets of laws.
Besides the mention of the Esagil temple, the Akkadian texts of the B- and
C-registers of table 3.2 are tied together by the common appearance of the root
dmq: ina damiqtim “favorably” and lidammiqū “let them make favorable.” A
creative reading of ina damiqtim could turn this from a simple adverb inwardly
looking on the way Hammurabi’s name is to be revered, to an outward effect:
“for favor/goodness” toward others. The Akkadian idiom damiqtam epēšum,
for example, has this outward semantic orientation and means “to do a favor,
a good deed,” for someone else.52 A similar sense for the noun is found in the
curse of Ishtar later in the epilogue: “may she turn his (the disobedient king’s)
goodness [i.e., the goodness shown to him—an objective genitive] into evils”
(damqātīšu ana lemnētim litēr; col. 50:104–106).53 Hence the notion of blessing
might already inhere in the name memorialization passage of LH. This, along
with an apparent focus on Esagil temple passages, may have led CC to focus on
the Akkadian text cited in register C of table 3.2.
Although the lidammiqū passage can be seen as the primary correlate of
the blessing notice in CC, the notion of blessing is found otherwise in the
exhortatory block. Just before the passage about the gods entering and mak-
ing oracles propitious, the wronged man is to praise Hammurabi thus: “And
he (Hammurabi) established well-being for the people forever and secured jus-
tice for the land” (šīram ābam ana nišī ana dār išīm u mātam uštēšer; col.
48:34–35). The term šīrum ābum, though literally meaning physical well-
being, “good flesh,” functions as a synecdoche for the welfare of individuals
in their whole life circumstances. A cognate idiom, with the D verb ubbum
accompanied by šīram as object plus construct modifier referring to the people
or land, occurs four other times in the prologue and epilogue, establishing this
as a significant theme of the text.54 The Hebrew verb ‫“ ֵברֵך‬bless” provides an
apt conceptual equivalent to bringing šīrum ābum to the people.55 The notion
of blessing is also found in the future-king passage, in the short benediction
pronounced on the obedient king: “May Shamash lengthen his (royal) scepter”
(Šamaš aašu lirrik; 49:14–15). Even though they are antithetical, the much
longer curses that befall a disobedient king, which are next listed in the epi-
logue, imply the motif of blessing. CC’s blessing may be in part a conceptual
inversion of these curses. And finally, back in the wronged-man pericope, after
citing the words of a prayer that he should offer for Hammurabi, in which the
šīrum ābum idiom occurs, and just before the passage about the gods enter-
ing the Esagil and their providing favorable pronouncements for Hammurabi,
the king says: “May he (the visitor) say this (the foregoing prayer) and may
he pray for me/bless me before Marduk my lord and Zarpanitum my mistress
with his whole heart” (annītam liqbīma ina maar Marduk bēlīya Zarpānītum
bēltīya ina libbīšu gamrim likrubam; col. 48:39–47). The exhortation that the
man “pray for me” uses the verb karābum, “to pray for,” which also means “to
bless” and which is phonologically similar to the Hebrew ‫ ֵברֵך‬.56 Of course, the
direction of benefit is the reverse here: the visitor is doing the blessing, not a
god or Hammurabi.
The final two verses of the initial apodictic laws, about the use of stone in
building an altar and the prohibition of stairs (20:25–26), do not have immedi-
ately visible connections with LH. But they and their context are structurally
comparable to the laws about the poor toward the beginning of the two strings
of the final apodictic laws. Exodus 20:23–26 basically consists of initial laws
or motifs based on the exhortatory block (vv. 23–24), followed by two laws,
verses 25 and 26, that are related to but not based on the exhortatory block.
Similarly, each of the strings starts with a law about the poor based on or asso-
ciable with the exhortatory block (22:20–23; 23:9), followed by two related
laws about the poor, which are not based on LH (22:24, 25–26 and 23:10–11,
12). Given CC’s concern about structure, in the chiastic block of 23:1–8 and the
strings set around it, as well as the overall A-B-A structure of CC, the struc-
tural feature of two supporting laws in the initial apodictic laws is probably not
unintentional.
Apodictic Form in the Initial Apodictic Laws
In addition to the foregoing thematic correlations, the genre of the initial apo-
dictic laws also matches the genre of the exhortatory block. The injunctive
forms in the exhortatory block were summarized already in discussing the
style of the final apodictic laws. The initial apodictic laws have second-person
prohibitions with ‫“ לא‬no(t)” (20:23 [plural], 25, 26 [singular]) and a second-
person positive command (20:24 [singular]). Thus the style of these first laws
presents no problem to the thesis of dependence on LH. Even though, as we will
shortly see, these laws do have a general correspondence with the prologue,
which contains no apodictic formulation, their primary thematic correlation is
with the exhortatory block.
Cultic Themes in the Initial Apodictic Laws

and the Prologue
Although the specific sequence of motifs and style of the initial apodictic laws
matches the exhortatory block of the epilogue, this first section of CC also coin-
cides with the cultic emphasis of the prologue. Nearly 80 percent of the pro-
logue is devoted to the great works that Hammurabi performed for various cities
(1:50–4:63), and cultic matters are mentioned in connection with almost every
city listed. In these descriptions, the prologue lists nineteen temples or cultic
buildings in almost as many cities.57 (Several of the passages are cited later.)
Some of the particulars in our two texts coincide. The prologue shows
a concern about maintaining the cult at multiple sanctuaries. Exodus 20:24
shows a similar concern when it speaks about building an altar “in every
place (‫ )בכל המקום‬where I cause my name to be proclaimed.”58 Even though
first fruits are to be brought to “the house of Yahweh your God” (23:19),
an ostensible singularity, and though the text speaks about an “altar” in the
singular (20:24–26; 21:14), CC must conceive of multiple sanctuaries, to tell
from the multiple forms allowed for building an altar and the various judicial
activities that are to take place at a sanctuary (21:6, 13–14; 22:7, 8).59 Both
festivals and judicial processes would be hindered if these occurred at just
one location.
Although none of the paragraphs in the prologue deals explicitly with the
construction of altars, several refer to the building, renovation, and mainte-
nance of temples and their facilities. Primary examples include the following
descriptions:
[Hammurabi] who restored60 Eridu to its place, who carried out the puri-
fication rites of the Eabzu temple (mutīr Eridu ana ašrīšu mubbib šulu
Eabzu; col. 1:64–2:1).
. . . whose days were spent in service of the Esagil temple (ša ūmīšu
izzazzu ana Esagil; col. 2:10–12),
. . . who established the foundations of Sippar, who dressed in green the
raised temple61 of Aya (mukīn išdī Sippar mušalbiš warqim gigunē Aya;
col. 2:24–28),
. . . who restored the Ebabbar temple for Shamash (muddiš Ebabbar ana
Šamaš; col. 2:34–35),
. . . who revived Uruk . . . who raised the summit of the Eanna temple
(muballi Uruk . . . mullî rēš Eanna; col. 2:37–38, 42–43),
. . . who made radiance surround the Emeteursag temple . . . who cared for
the Hursagkalamma temple (muštasir melemmī Emeteursag . . . pāqid
bītim ursagkalamma; col. 2:60–62, 66–67),
. . . who copiously provided everything for the <E>meslam temple
(murappiš mimma šumšu ana <E>meslam; col. 3:4–6),
. . . who provided appropriate adornments in the Eudgalgal temple
(muštakkin simātim ina Eudgalgal; col. 3:62–64),
. . . who established Ishtar in the Eulmash temple (mukinni Ištar ina
Eulmaš; col. 4:48–49).
Several of the descriptions show a concern about performing rites and making
offerings comparable to the making of offerings in Exodus 20:24, according to
which the people are to “sacrifice your burnt offerings and well-being offer-
ings, your flock animals and cattle” on the altar (‫וזבחת עליו את עלתיך ואת שלמיך‬
‫)את צאנך ואת בקרך‬:
. . . the pious provider of the Ekur temple (zāninum na’dum ša Ekur; col.
1:60–62),
. . . who brings abundance to the Egishnugal temple (bābil egallim ana
Egišnugal; col. 2:20–21),
. . . who piles up plenty for Anu and Ishtar (mukammer ibim ana Anim
u Ištar; col. 2:44–47),
. . . who richly provides abundance for the Egalmah temple (muaid
nušim bīt Egalma; col. 2:52–54),
. . . who organizes the great rites of Ishtar (muštebî parī rabûtim ša
Ištar; col. 2:63–65),
. . . who stacks up grain heaps for mighty Urash (mugarrin karê ana Uraš
gašrim; col. 3:21–22),
. . . who abundantly provides pure feasts for Nintu (mudeššī mākalī
ellūtim ana Nintu; col. 3:33–35),
. . . who maintains great food offerings for the Eninnu temple (mukīl
nindabê rabûtim ana Eninnu; col. 3:43–46),
. . . who fixes permanently pure food offerings for Enki and Damkina,
who magnified his kingship (ana Enki u Damkina mušarbû šarrūtīšu
dāriš išīmu zībī ellūtim; col. 4:17–22),
. . . who provides pure feasts for Ninazu (šākin mākalī ellūtim ana Ninazu;
col. 4:36–37),
. . . the king who made glorious the cult of Ishtar in Nineveh in the
Emesmes temple (šarrum ša ina Ninua ina Emesmes ušūpi’u mê Ištar;
col. 4:60–63)
The prologue also refers to images. In the enumeration of the cities, each god is
associated with his/her city and is at least implicitly, if not explicitly, associated
with the cult of that city. The gods are thus not just supernatural agencies,
but characters who have a place in the cult, specifically in their images.
This physical manifestation is indicated clearly in one of the temple descrip-
tions. Hammurabi “establishes (mukinni) Ishtar in the Eulmash in the middle
of Plaza-Akkad” (4:48–52). The D-stem of the verb kânum here refers con-
cretely to setting up a divine image.62 This relates to the image prohibition in
Exodus 20:23.
Deity in the Initial Apodictic Laws
The portrayal of the god in the initial apodictic laws is comparable to that in
the final apodictic laws. His dynamic personality and singularity is emphasized
in the initial divinely spoken command against making divine images and
requirement to make an altar: “You shall not make with me gods of gold . . . ”
(‫ ;לא תעשון אתי אלהי כסף‬20:23); “Make for me an altar of earth. . . . In every place
where I proclaim my name, I will come to you and I will bless you” (‫מזבח אדמה‬
‫ בכל המקום אשר אזכיר את שמי אבוא אליך וברכתיך‬. . . ‫ ;תעשה לי‬v. 24); “If you make an
altar of stones for me . . . ” (‫ ;ואם מזבח אבנים תעשה לי‬v. 25). As chapter 11 shows,
CC’s first-person language of deity is primarily a reflex of the first person of
Hammurabi in the prologue and epilogue. Too, some of the first-person termi-
nology in CC is quite similar to that of LH, as we have seen: “my name” (šumī /
‫ )שמי‬in 20:24 and LH 47:94; “my statue” (almīya) and “my altar” (‫ )מזבחי‬in
20:24 and LH columns 47:76; 48:6.
Like the portrait of gods in the epilogue reviewed earlier, the gods in the pro-
logue are active characters. The text opens with a mythological tale about how
Anu, “king of the Annunaku gods,” and Enlil granted power to Marduk and
exalted him among the Igigi gods (1:1–15). Anu and Enlil are said to have called
Hammurabi “to go forth like Shamash over humankind” (1:27–49). The rest of
the prologue then turns to describing Hammurabi’s beneficent acts for the vari-
ous cities and cult places and mentions numerous gods by name in connection
with their particular cities, as noted earlier.63 The following gods, with their
respective cities, are mentioned: Enlil (Nippur; col. 1:53); Marduk (Babylon;
2:8; 5:15); Sin (Ur; 2:14); Shamash (Sippar, Larsa; 2:23, 35); Aya (Sippar; 2:28);
Anu (Uruk; 2:46); Ishtar (Uruk, Kish, Zabala, Akkad, Nineveh; 2:47, 65; 3:54;
4:47, 48, 63; 5:13); Zababa (Kish; 2:57); Erra (Kutu; 2:69); Tutu (Borsippa;
3:10); Urash (Dilbat; 3:22); Mama, Nintu (Kesh; 3:29, 35); Adad (Karkara; 3:57,
59); Enki (Malgium; 4:17); Damkina (Malgium; 4:18); Dagan (Mari, Tuttul;
4:27); Tishpak (Babylon; 4:35); Ninazu (Babylon; 4:37); the lamassu “protec-
tive spirit” of Ashur (4:56); and the great gods (4:66).
Thus the first and last sections of CC match the prologue and epilogue in
how the deity is presented over against the central casuistic laws in the two col-
lections, which say little about the gods except how they function in juridical or
even-causal contexts. The only place in the casuistic laws where the personality
of Yahweh intrudes is in the conceptual supplement to the homicide asylum law
(21:13–14). But this is based on the altar laws in the initial apodictic laws.
Transitioning Introductions
Both the prologue and the initial apodictic laws have similar end notices that
transition into the central casuistic laws. After the initial cultic laws, Exodus
21:1 reads: “And these are the laws which you shall place before them” (‫ואלה‬
‫)המשפטים אשר תשים לפניהם‬.64 From a literary-critical perspective, this introduc-

tion seems odd. Law-giving already began in 20:23; why a new introduction
in 21:1? It makes one think that the two sections of law (in 20:23–26 and 21:1–
22:16) may have been independent and later joined, or that one is original and
the other added. The position of the introduction, however, matches a compa-
rable notice at the end of the prologue. After finishing the list of Hammurabi’s
great acts, LH says the following (col. 5:14–24):
When Marduk commanded me to provide justice for the people of the land,
to instill proper behavior, I placed truth and justice in the mouth of the
land, I increased the people’s well-being. At that time: (The laws follow.)
inūma Marduk ana šutēšur nišī mātim ūsim šūuzim uwa’’eranni kit-
tam u mīšarim ina pī mātim aškun šīr nišī uīb inūmišu
This and Exodus 21:1 have several common features:

(a) Both use a term for “setting down” or “placing” with respect to law
(šakānum; ‫)שים‬.65
(b) Both use a general term for justice or law (mīšarum, ‫)משפטים‬.66 The terms
mīšarum and ‫ משפט‬are rough conceptual parallels in the epilogue and the final
apodictic laws (epilogue 47:1–5, 84–88; 48:3–8, 59–67, 95–96; 49:11–15, 16–17;
Exod 23:6). More will be said about this correspondence in a moment.
(c) In both cases, the law is set down with respect to the people. In the
prologue, law is set down “in the mouth of the land” (ina pī mātim). The
noun mātum refers to the people of the land. The idiom appears to mean that
Hammurabi caused truth and justice to become the people’s expression or pro-
fession.67 In CC, the laws are set “before them” (‫)לפניהם‬, that is, before the
people. In addition to having the people as the audience of the law, the two
prepositional phrases are similar, both involving the face or a part thereof.68
(d) In both introductions, the god commands the human figure to set down
the law. This is expressly stated in the prologue. Note, by the way, that though
the prologue is filled with multiple gods, this particular instance involves only
one deity (Marduk)—it is effectively monotheistic. In CC, Yahweh is speak-
ing (as opposed to Hammurabi). Therefore, there is no need for a reference to
the deity in the third person saying that the god commanded Moses. Yahweh
directly speaks to Moses to set down the law.
Though Exodus 21:1 correlates in position and theme with the transitional
introduction at end of the prologue, it also has correlations, some even more
precise, with the transitional introduction out of the casuistic laws into the epi-
logue (col. 47:1–8):69
(These are) the just laws that Hammurabi, the capable king, established
and has directed the land to follow sound custom and good conduct.
dīnāt mīšarim ša ammurabi šarrum lē’ûm ukinnūma mātam kīnam u
rīdam damqam ušabitu
The points of correlation with Exodus 21:1 include the following:

(a) The term dīnāt mīšarim “just laws” correlates more exactly with Hebrew
‫“ משפטים‬laws” than just the bare term mīšarum “justice” of the transitional
introduction at the end of the prologue.70
(b) This sentence includes a relative clause ša ammurabi . . . ukinnūma
“that Hammurabi set down,” which is similar to ‫“ אשר תשים‬which you shall
place” in CC. The transitional introduction at the end of the prologue does not
have a relative clause.
(c) This second transition also has a verb referring to the establishment of
law, ukinnūma “he established,” similar to “you set down” ‫ תשים‬in CC.
(d) A pronominal predicative syntax is implied. Even though LH does not
have a pronoun for “these,” the context with the preceding laws almost requires
construing the sense this way. Hurowitz, Roth, and other translators insert this:
“These are the just decisions/laws. . . . ”71 This matches the explicit formulation
of CC: ‫“ אלה המשפטים‬These are the laws. . . . ”
(e) The next clause in the epilogue makes reference to the audience or ben-
eficiaries of the lawgiving, namely, “the land.” This corresponds generally with
“before them” in CC. This, in contrast to several of the foregoing points of
comparison, is a less precise correlation with CC’s wording than is the phrase
ina pī mātim “in the mouth of the land” in the transitional introduction at the
end of the prologue.
The correlations of the two transitional introductions of LH with 21:1 are
summarized in table 3.3.
If CC used both of these transitions for crafting 21:1, it can help explain
why there is no transitional introduction to the final apodictic laws. Data from
Table 3.3: Correlations between transitional introductions (read left to right)

‫אלה‬ ‫המשפטים‬ ‫אשר‬ (Moses implied) ‫תשים‬ ‫לפניהם‬
kittam u mīšarim ina pī mātim aškun
dīnāt mīšarim ša ammurabi ukinnūma mātam . . .

šarrum lē’ûm
These are the laws that (Moses implied) you shall place before them
truth and justice in the mouth I set down

of the land
(These are) the just laws that Hammurabi, the established the land . . .
capable king,
the epilogue’s transitional conclusion had already been used for the intro-
duction in 21:1, and there was no need to repeat it. Moreover, since the final
apodictic laws continue legal pronouncement, there is less of a need to insert
a summary transition. Finally, the reason the introduction at the beginning
of the epilogue appears to be influential in the first place is perhaps because
the epilogue is more influential on the apodictic laws generally than is the
prologue.
Conclusions
The primary evidence for the dependence of the apodictic sections of CC on

LH is in their correlations with the exhortatory block of the epilogue. Three
stretches of CC’s text—(1) the initial apodictic laws (20:23–21:1), (2) the first
string in the final apodictic laws (22:20–30) complemented by the central chi-
astic section on justice (23:1–8), and (3) the second string in the final apodictic
laws (23:9–19)—follow the sequence of topics and the style of this particu-
lar section of the epilogue. Table 1.6 in chapter 1 summarized this evidence
and is worth reviewing at this point. As opposed to the casuistic laws, where
the sequence of similarly ordered laws was not always exact, the sequence of
correspondences is quite faithful in the three different passages of text in CC
that depend on the exhortatory block. Only two minor elements deviate from
the order: the general command in 23:13a, which nonetheless correlates with
phrasing in the future-king passage, and the motif of refreshment or calming
with the Semitic verb npš in 23:12, which has a correlation with the wronged-
man passage.
Furthermore, the similarities of the texts at each point of correspondence
are remarkably close. Both CC and the exhortatory block prohibit the oppres-
sion of three socioeconomically impoverished individuals, two of which match
quite precisely (the widow and the poor girl/fatherless child). CC prohibits the
primary object of cult prominence in LH and prescribes another that can be
viewed to have similar symbolic significance. In each of its three passages par-
allel to the exhortatory block, CC also gives prescriptions about how to speak
about sovereign power, as does the exhortatory block. Two of these passages
in CC use language cognate with that of LH (šm “name”; zkr “remember”).
The other passage extends the notion of speech about sovereigns to prohibit the
cursing of the god and civil leader. CC and the exhortatory block both prescribe
cultic visits that include appearances before the sovereign or his symbol. The
two texts deal with the arrival of deities in the cult and the motif of blessing
from the gods. And both texts prescribe the proper pursuit of justice. The motifs
treated in the initial apodictic laws complement the motifs treated in the final
apodictic laws, such that altogether seven motifs from the exhortatory block are
represented: oppression of three underclasses, images, name memorialization,
visit to the cult place (with devotional motivation), the coming of the god, bless-
ing, and the pursuit of justice.
All of the motifs that the introductory apodictic laws have in common with
the exhortatory block just happen to be at the points in the exhortatory block
where the Esagil temple is mentioned. This is complemented by a correlation in
the final apodictic with instances in the exhortatory block where forms of the
verb abālum “to do wrong” appear. This is a remarkable coincidence in view
of the other points of correspondence noted here. These two axes of thematic
emphasis cross in the laws about speaking of sovereigns, a motif that appears
in all three passages (see figure 11.1 in chapter 11).
The template of the exhortatory block accounts for all the main topics or
themes of the apodictic laws. While CC’s apodictic laws go beyond the specific
content of the exhortatory block in their scope (especially the double specific
laws on benefiting the poor in the two strings of the final apodictic laws and
the two laws on the construction of the altar in the initial apodictic laws), there
are no extraneous topical sections or laws that cannot be accounted for by the
general template or the content of the exhortatory block.
The sequential correspondences in the final apodictic laws take on added
evidential power when it is seen that they continue the fourteen sequential cor-
respondences seen between the casuistic laws. As noted previously, both texts
shift genre at about the same place, and the common sequence of motifs con-
tinues into the new genre sections.
Other features point to the dependence of CC’s apodictic laws on LH. CC’s
introduction to its casuistic laws, which seems misplaced, agrees with the con-
tent and placement of the introduction that transitions from the prologue to
the casuistic laws in LH. At the same time, CC’s formulation also matches the
wording of the transitional introduction from the casuistic laws into the epi-
logue. Furthermore, CC’s overall structure conforms to the A-B-A patterning
of LH. Despite the genre difference between the A-sections of both texts, CC’s
apodictic formulation coincides with the injunctive formulation of the exhor-
tatory block. Moreover, the general themes of CC’s A-sections correlate with
the prologue and epilogue. CC’s initial apodictic laws explore cultic themes, as
does Hammurabi’s prologue. CC’s final apodictic laws deal with certain themes
prominent in Hammurabi’s epilogue: aid to the poor and the pursuit of justice,
in addition to cultic matters.
The evidence presented in this chapter, in connection with that of chapter
2 about the casuistic laws, leads decisively to the conclusion that the whole of
CC depends upon LH as its primary source. The dependence is equally evi-
dent from beginning to end of the entire collection, from initial apodictic laws,
through the casuistic laws, and into the final apodictic laws. The next chap-
ter addresses the weaknesses of alternative theories that might be adduced to
explain the similarities and then discusses when and how CC’s direct literary
use of LH may have occurred.
Texts of the Exhortatory Block of LH and the Initial and Final Apodictic Laws of CC Compared (In the translation, bold text has been
used to indicate thematic correlations between LH and CC)
Exhortatory Block of Epilogue of LH CC’s Initial Apodictic Laws (Exod String I of CC’s Final Apodictic Laws String II of CC’s Final Apodictic Laws
(cols. 47:59–48:94) 20:23–26 + 21:1) (Exod 22:20–30) (Exod 23:9–19)
47 59–78 22 20 23 9
So that the strong not wrong You shall not oppress (1) an You shall not repress an immigrant.
(1) the weak and to secure justice for immigrant. You shall not repress You know the mind of the immigrant,
the (2) destitute girl and (3) widow, him because you were immigrants because you were immigrants in the land
in Babylon, the city whose heights in the land of Egypt. 21You shall not of Egypt.
Anu and Enlil elevated, in the Esagil, afflict any (2) widow or (3) fatherless
the temple whose foundations are child. 22If you do afflict him, when
20 23
firm like the heaven and earth, for the Do not make with me gods of he cries out to me, I will heed his cry.
23
purpose of setting down the law of the silver, and gods of gold do not My anger will be enraged and I will
land, to render the verdicts of the land, make for yourselves. 24aAn altar of slay you with the sword, and your
82
and to secure justice for the wronged, earth you shall make for me. You wives will become widows and your
I have written my treasured words shall offer on it your burnt offerings children fatherless.
on my stela and set (it) up before the and well-being offerings, your flock
image of me, the king of justice. animals and your cattle.
[CC has two specific laws on the poor (A) 22 24If you lend silver to my people, (A) 23 10Six years you shall sow your land
in the final apodictic laws that add the poor that are with you, you shall and gather its produce. 11(In) the seventh,
detail to the general requirement of not act like a (harsh) creditor to him. you shall let it drop and leave it. The poor
providing justice to the three classes You shall not exact interest from him. of your people may eat (it). What they
of the poor.] (B) 25If you take the garment of your leave the wild animals may eat. You must
fellow as a pledge, when the sun sets do this also for your vineyard and orchard.
you shall return it to him, 26because it (B) 12Six days you shall do your work.
is his only covering, it is the clothing On the seventh day you shall cease so
for his skin—in what will he sleep? that your ox and ass may rest and so that
[See wronged-man passage for “Let If he cries out to me, I will give heed, the son of your slave woman and the
him calm/refresh his heart”] because I am compassionate. immigrant may be refreshed/calmed.
23 13a
[See future-king passage for “let him You shall be observant with respect
give heed to the words that I have to all that I have said to you.
written on my stela” and “If that
man gives heed to my words that I
have written on my stela”]
47 79–48 2
I am king, foremost among
kings. My words are exalted. My
competence has no rival. By the
command (word) of Shamash the
great judge of heaven and earth may [Note the singularity of Yahweh in
my justice appear in the land. By CC.]
the word of Marduk my lord may
my ordinances not have anyone who
20 24bα
would remove them. In the Esagil In every (cult) place where I (A) 22 27You shall not curse God, (A) 13b The name of other gods you shall
83
(temple) which I love may my name cause my name to be recalled (B) neither shall you denounce the not recall;
be recalled kindly forever. chieftain among your people. (B) it shall not be heard on your lips.
48 3–19 22 28 23 14
Let a wronged man who has a You shall not delay [giving at the You shall celebrate as pilgrimage
case (word) come before the statue of “house of Yahweh”] the product of festivals three occasions in the year:
15
me, the king of justice. Let him have your vat or press. You shall give me You shall observe the festival of
my inscribed stela read to him. Let your firstborn sons. 29Likewise you unleavened bread; seven days you shall
him hear my precious words. Let my shall do with your ox and your flock eat unleavened bread, as I commanded,
stela reveal to him the case (word). Let animals. Seven days it shall remain at the festival time in the month of Aviv,
him see his judgment. Let him calm with its mother. On the eighth day you because it was then that you left Egypt.
his heart. shall give it to me. 30You shall be holy They shall not appear before me [or:
48 20–38
(May he say): “Hammurabi, the people to me. Flesh found in the field, see me] empty handed; 16the feast of
lord, who is like a begetting father to i.e., torn flesh, you shall not eat. You harvest, the first fruits of your work that
the people, submitted himself to the shall throw it to the dog. you sow in the field, and the feast of
command (word) of Marduk his lord. gathering at the end of the year, when you
gather the product of your labors
(Continued)
(Continued)
Exhortatory Block of Epilogue of LH CC’s Initial Apodictic Laws (Exod String I of CC’s Final Apodictic Laws String II of CC’s Final Apodictic Laws
(cols. 47:59–48:94) 22:23–26 + 21:1) (Exod 22:20–30) (Exod 23:9–19)
He achieved the triumph of Marduk from the field. 17Three times in the year
above and below. He gladdened every male among you shall appear
the heart of Marduk his lord. He before [or: see] the Lord Yahweh. 18You
obtained well-being for the people shall not make offerings, the blood of
forever, and he provided justice for my sacrifice, with leaven. The fat of my
the land.” festal offering shall not remain over until
48 39–58
May he say this, and may he morning. 19The choice of your first fruits
pray whole-heartedly before Marduk of your land you shall bring to the house
my lord and Zarpanitu my mistress. of Yahweh your God. You shall not boil a
May the protective deity, the tutelary (In every cult place . . . ) 24bβI will kid in its mother’s milk.
84
deity, the gods that enter the Esagil, come to you and bless you.
and the bricks of the Esagil make [CC here has two laws,
favorable the ominous utterances day structurally similar to the two laws
by day before Marduk my lord and in 22 24–26 and 23 10–12 ]
Zarpanitu my mistress. (A) 25If you make an altar of stones
for me, you shall not build them with
hewn stone. When you raise your
sword (metal tool) against it, you
profane it.
(B) 26You shall not ascend my altar
on stairs, so that your nakedness not
be revealed on it.
[On to the future king passage [On to 23 1–8, which lies between
48 59–94; see next texts.] [On to 21 1, the texts after next.] Strings I and II; see next texts.] [End of CC’s laws]
Continuation of the Exhortatory Block (Future King Passage col. 48:59–94) Continuation from String I of Final Apodictic Laws of CC (Exod 23:1–8)
In the future at any time, may any king who appears in the land keep the just (a) 1Do not promote a false rumor. Do not conspire with an evil person to be a
commands (words) that I have written on my stela. witness that causes violence.
(a) May he not alter the law of the land that I have set down or the verdicts of (b) 2Do not follow the majority to do evil. Do not testify in a dispute to
the land that I have rendered, perversely follow the majority to pervert (justice). 3Do not show deference to
(b) may he not remove my ordinances. the poor in his dispute.
(c) If that man has understanding and he is able to provide justice for his (c) 4When you encounter the ox or ass of your adversary wandering, return it
land, let him give heed to the words that I have written on my stela to him.
(d) May this stela reveal to him the way, behavior, the law of the land (c′) 5When you see the ass of your foe suffering under its burden, you shall
that I have set down and the verdicts of the land that I have rendered. resist forsaking him—(but) you must leave [the ass] with him.
May he secure justice for humankind. (b′) 6Do not pervert the case of your deprived in his dispute.
(a′) 7Keep yourself away from a lying word. Do not kill the innocent and
85

(e′) May he render their verdicts. blameless, for I will not exonerate an evil person.
(d′) May he root up the evil and wicked from his land. May he promote (x) 8Do not take a bribe, because a bribe blinds the clear-sighted and undermines
the well-being of his people. I am Hammurabi, king of justice, on whom the words of the innocent.
Shamash has bestowed truth.
(c′) My words are choice; my deeds are without equal. They are vanity to
the fool, but to the wise they are objects of praise. If that man gives heed
to my words that I have written on my stela
(b′) and he does not remove my law, he does not overthrow my words,
(a′) and he does not alter my ordinances.
May Shamash lengthen the scepter of that man as he did for me, the king of
justice. May he shepherd his people in justice.
[The text continues with the description of a disobedient king, followed by
curses.]
Transitional Introductions
Beginning of Epilogue (col. 47:1–8) (out of the End of Initial Apodictic Laws (Exod 21:1)
End of Prologue (col. 5:14–25) (into the casuistic laws) casuistic laws) (into the casuistic laws)
When Marduk commanded me to provide justice for the (These are) the just laws that Hammurabi, the These are the laws which you shall place
people of the land, to instill proper behavior, I placed capable king, established and has directed the land before them:
truth and justice in the mouth of the land, I increased to follow sound custom and good conduct.
the people’s well-being. At that time:
[Casuistic laws follow] [Casuistic laws followin 21 2ff.]
Exhortatory Block of Epilogue of LH (cols. CC’s Initial Apodictic Laws String I of CC’s Final Apodictic String II of CC’s Final Apodictic
86
47:59–48:94) (Exod 22:23–26 + 21:1) Laws (Exod 22:20–30) Laws (Exod 23:9–19)
dannum enšam ana lā abālim ekūtam

47 59–78
‫וגר לא תונה ולא‬22 20 ‫וגר לא תלחץ ואתם‬23 9
almattam šutēšurim ina Bābilim ālim ša Anum u ‫תלחצנו כי גרים הייתם‬ ‫ידעתם את נפש הגר כי‬
Enlil rēšīšu ullû ina Esagil bītim ša kīma šamê ‫לא תעשון אתי אלהי‬20 23 ‫כל אלמנה‬21 ‫בארץ מצרים‬ ‫גרים הייתם בארץ מצרים‬
u eretim išdāšu kīnā dīn mātim ana diānim ‫כסף ואלהי זהב לא‬ ‫אם ענה‬22 ‫ויתום לא תענון‬
purussê mātim ana parāsim ablim šutēšurim ‫אמזבח‬24 ‫תעשו לכם‬ ‫תענה אתו כי אם צעק‬
awâtīya šūqurātim ina narîya ašurma ina ‫אדמה תעשה לי וזבחת‬ ‫יצעק אלי שמע אשמע‬
maar almīya šar mīšarim ukīn ‫עליו את עלתיך ואת‬ ‫וחרה אפי והרגתי‬23 ‫צעקתו‬
‫שלמיך את צאנך ואת‬ ‫אתכם בחרב והיו נשיכם‬
‫בקרך‬ ‫אלמנות ובניכם יתמים‬
[CC has two specific laws on the poor in the final ‫אם כסף תלוה את‬24 (‫)א‬ ‫ושש שנים תזרע את‬10 (‫)א‬
apodictic laws that add detail to the general ‫עמי את העני עמך לא‬ ‫ארצך ואספת את תבואתה‬
requirement of providing justice to the three ‫תהיה לו כנשה לא תשימון‬ ‫והשביעת תשמטנה‬11
classes of the poor.] ‫עליו נשך‬ ‫ונטשתה ואכלו אביני עמך‬
‫אם חבל תחבל‬25 (‫)ב‬ ‫ויתרם תאכל חית השדה‬
‫שלמת רעך עד בא השמש‬ ‫כן תעשה לכרמך לזיתך‬
‫כי הוא‬62 ‫שת יבנו לו‬ ‫ששת ימים תעשה‬12 (‫)ב‬
‫כסותה לבדה הוא שמלתו‬ ‫מעשיך וביום השביעי‬
‫לערו במה ישכב והיה כי‬ ‫תשבתלמען ינוח שורך‬
[See wronged-man passage for ‫יצעק אלי ושמעתי כי חנון‬ ‫וחמרך וינפש בן אמתך‬
libbašu linappišma] ‫אני‬ ‫והגר‬
[See future-king passage for ana awâtim ša ina ‫ובכל אשר אמרתי‬23 13
narîya ašuru liqūlma & šumma awīlum šū ana ‫אליכם תשמרו‬
awâtīya ša ina narîya ašuru iqūlma]
47 79–48 2
šarrum ša in šarrī šūturu anāku awâtūa
nasqā lē’ûtī šāninam ul īšu ina qibīt Šamaš
dayānim rabîm ša šamê u eretim mīšarī ina
mātim lištēpi ina awat Marduk bēlīya uurātūa ‫)א( ושם אלהים אחרים‬
mušassikam ay iršia ina Esagil ša arammu šumī ‫ בכל המקום אשר‬20 24bα ‫אלהים לא תקלל‬22 27 (‫)א‬ ‫לא תזכירו‬
87
ina damiqtim ana dār lizzakir ‫אזכיר את שמי‬ ‫)ב( ונשיא בעמך לא תאר‬ ‫)ב( לא ישמע על פיך‬
‫מלאתך ודמעך לא‬22 28 ‫שלש רגלים תחג לי‬23 14
48 3–19
awīlum ablum ša awatam iraššû ana ‫תאחר‬ ‫את חג המצות‬15 ‫בשנה‬
maar almīya šar mīšarim lillikma narî ‫כן‬29 ‫בכור בניך תתן לי‬ ‫תשמר שבעת ימים תאכל‬
šaram lištassīma awâtīya šūqurātim lišmēma ‫תעשה לשרך לצאנך‬ ‫מצות כאשר צויתך למועד‬
narî awatam likallimšu dīnšu līmur libbašu ‫שבעת ימים יהיה עם אמו‬ ‫חדש האביב כי בו יצאת‬
linappišma ‫ביום השמיני תתנו לי‬ ‫ממצרים ולא יראו פני‬
48 20–38
ammurabīmi bēlum ša kīma abim ‫ואנשי קדש‬30 ‫וחג הקציר בכורי‬16 ‫ריקם‬
wālidim ana nišī ibaššû ana awat Marduk bēlīšu
(Continued)
(Continued)
Exhortatory Block of Epilogue of LH (cols. CC’s Initial Apodictic Laws String I of CC’s Final Apodictic String II of CC’s Final Apodictic
47:59–48:94) (Exod 22:20–26 + 21:1) Laws (Exod 22:23–30) Laws (Exod 23:9–19)
uštaktitma irnitti Marduk eliš u šapliš ikšud ‫תהיון לי ובשר בשדה‬ ‫מעשיך אשר תזרע בשדה‬
libbi Marduk bēlīšu uīb u šīram ābam ana nišī ‫טרפה לא תאכלו לכלב‬ ‫וחג האסף בצאת השנה‬
ana dār išīm u mātam uštēšer ‫תשלכון אתו‬ ‫באספך את מעשיך מן‬
48 39–58
annītam liqbīma ina maar Marduk ‫השדה שלש פעמים בשנה‬
bēlīya Zarpānītum bēltīya ina libbīšu gamrim ‫יראה כל זכורך אל פני‬
likrubam šēdum lamassum ilū ēribūt Esagil ‫ אבוא אליך‬20 24bβ ‫לא תזבח על‬17 ‫האדן יהוה‬
libitti Esagil igirrê ūmišam ina maar Marduk ‫וברכתיך‬ ‫חמץ דם זבחי ולא ילין‬
bēlīya Zarpānītum bēltīya lidammiqū Two laws, similar to ‫ראשית‬19 ‫חלב חגי עד בקר‬
88
22 24–26 and 23 10–12 ‫בכורי אדמתך תביא בית‬

‫ואם מזבח אבנים‬25(‫)א‬ ‫יהוה אלהיך לא תבשל גדי‬
‫תעשה לי לא תבנה אתהן‬ ‫בחלב אמו‬
‫גזית כי חרבך הנפת‬
‫עליה ותחללה‬
‫ולא תעלה במעלת‬26(‫)ב‬
‫על מזבחי אשר לא תגלה‬
‫ערותך עליו‬
[On to the future-king passage 48 59–94; [On to 21 1, texts after [On to 23 1–8, which lies between
see next texts.] next.] Strings I and II; see next texts.] [End of CC’s laws]
Continuation of the Exhortatory Block (Future King Passage col. 48:59–94) Continuation from String I of Final Apodictic Laws of CC (Exod 23:1–8)
ana warkiāt ūmī ana matīma šarrum ša ina mātim ibbaššû

48 59–94
‫לא תשא שמע שוא אל תשת ידך עם רשע להית עד חמס‬1 32(‫)א‬
(a) awât mīšarim ša ina narîya ašuru liur dīn mātim ša adīnu purussē ‫לא תהיה אחרי רבים לרעת ולא תענה על רב לנטת אחרי רבים להטת ודל לא תהדר‬2(‫)ב‬
3
mātim ša aprusu ay unakkir ‫בריבו‬

(b) uurātīya ay ušassik ‫כי תפגע שור איבך או חמרו תעה השב תשיבנו לו‬4(‫)ג‬
(c) šumma awīlum šū tašīmtam īšūma māssu šutēšurim ile’’i ana awâtim ša ‫כי תראה חמור שנאך רבץ תחת משאו וחדלת מעזב לו עזב תעזב עמו‬5(‫)ג׳‬
ina narîya ašuru liqūlma ‫לא תטה משפט אבינך בריבו‬6(‫)ב׳‬
(d) kibsam rīdam dīn mātim ša adīnu purussē mātim ša aprusu narûm šū ‫מדבר שקר תרחק ונקי וצדיק אל תהרג כי לא אצדיק רשע‬7(‫)א׳‬
likallimšūma almat qaqqadīšu lištēšer ‫ושחד לא תקח כי השחד יעור פקחים ויסלף דברי צדיקים‬8 (‫)ת‬
89
(e) dīnšina lidīn

(e′) purussāšina liprus
(d′) ina mātīšu raggam u ēnam lissu šīr nišīšu liīb ammurabi šar
mīšarim ša Šamaš kīnātim išrukūšum anāku
(c′) awâtūa nasqā epšētūa šāninam ul īšâ ela ana lā assim rēqā ana
emqim ana tanādātim šūâ šumma awīlum šū ana awâtīya ša ina narîya
ašuru iqūlma
(b′) dīnī lā ušassik awâtīya lā uštepīl
(a′) uurātīya lā unakkir
awīlum šū kīma yâti šar mīšarim Šamaš aašu lirrik nišīšu in mīšarim lirī
Transitional Introductions
End of Prologue (col. 5:14–25)(into the casuistic Beginning of Epilogue (col. 47:1–8) (out of the End of Initial Apodictic Laws (Exod 21:1)
laws) casuistic laws) (into the casuistic laws)
90
inūma Marduk ana šutēšur nišī mātim ūsim šūuzim dīnāt mīšarim ša ammurabi šarrum lē’ûm ‫ואלה המשפטים אשר‬
uwa’’eranni kittam u mīšarim ina pī mātim aškun šīr ukinnūma mātam kīnam u rīdam damqam ‫תשים לפניהם‬
nišī uīb inūmišu ušabitu
[Casuistic laws follow] [Casuistic laws follow in 21 2ff.]
4
Opportunity and Date for the Use
of Hammurabi’s and Other
Cuneiform Laws
Chapters 2 and 3 have shown that, from beginning to the end, CC has correla-
tions with LH, in its general A-B-A pattern, in the sequence of topics and laws
over the course of both the apodictic and casuistic laws, and in the content and
ordering of several of the individual casuistic laws. The correspondences in
sequence account for almost every law or topic of CC. In the few remaining
cases, CC has similarities with other laws in LH or with laws in other cunei-
form law collections. This state of evidence can be satisfactorily explained only
by a theory of textual dependence.
This chapter explores the question of when and how might this have
occurred. It first addresses alternative explanations that could be considered
to account for the similarities, from coincidence to a mediating Northwest
Semitic text. These other options have grave difficulties that leave direct
dependence on LH and other Akkadian texts the only viable theory. The
chapter then identifies the Neo-Assyrian period as the time when this textual
borrowing most likely occurred. This was a time when Israel and Judah had
various political and cultural contacts with their Mesopotamian overlords and
when, in Assyria, the Laws of Hammurabi were copied as a classic scribal
text. This chapter also addresses the problem of the minimal attestation or lack
of attestation in the Neo-Assyrian period of other cuneiform texts to which CC
has similarities. The end of the chapter says something about the implications
of the evidence of CC’s dependence on cuneiform sources for its redactional
development.
91
Alternative Explanations of the Similarities
Various theories other than direct textual dependence on an Akkadian text may
be put forward in an attempt to explain the similarities between CC and cunei-
form sources as outlined in the previous chapters. These include, on a spectrum
of the degree of genetic relationship involved: coincidence, shared legal logic
or common problems, oral tradition, oral transmission, and use of a mediat-
ing text (or texts) in a Northwest Semitic language.1 Earlier scholarship has
utilized several of these avenues to explain the smaller range of similarities it
has observed between CC and cuneiform texts, mainly theories ranging from
coincidence to oral tradition, but also occasionally a mediating-text theory for
isolated points of strong similarity. Chapter 1 summarized several such spe-
cific models. The goal here is to consider the alternative explanations from a
theoretical point of view as they might explain the new evidence presented in
chapters 2 and 3.
To be quickly dismissed is an explanation by coincidence.2 It is true that
different societies may come to similar cultural expressions by independent
genesis. But the similarities we have observed between CC and LH and other
sources, because of their intricacy and scope, go far beyond the possibility of
independent origins. Some scholars have attempted to stress the differences
between CC and the Near Eastern sources to deny a genetic connection. But
as chapter 1 has indicated and as part II demonstrates in depth, differences do
not vitiate the probative value of the visible similarities. Differences may arise
from the purposeful transformation of sources used. The unlikelihood of pure
chance as a feasible explanation is evident in the fact that virtually all scholars,
on the basis of identifying fewer correlations between the texts, adopt some
sort of genetic model.
Within the range of views that recognize some type of hereditary relation-
ship, the theories that similarities are due to shared legal logic3 or to occupation
with common legal problems4 posit the least concrete tie. According to these
views, what the authors of CC inherited were not the laws themselves but rather
similar strategies for formulating law or similar general concerns and subject
categories. Strategies for legal formulation could have included the feature of
attraction,5 where a subordinate theme in one law becomes a primary theme in
a next law, a process that creates a text with what might loosely be described
as a flow-of-consciousness arrangement of topics. Another strategy might
have been the writing of laws with polarity with maximal variation,6 where a
pair of related laws displays a wide range of variables and thereby entails the
range of legal possibilities in between. Armed with the same techniques, it is
imaginable that legists working independently could formulate similar laws,
with some of them even in the same sequence. Common problems and topics
would have included several that we find shared between CC and Near Eastern
law: the goring ox, miscarriage, talion, different types of theft and multiple
Opportunity and Date for the Use of Hammurabi’s Laws 93
restitution, and mitigating factors in homicide, injury, and theft. A common

syllabus of such topics might be thought to have led legists to compose collec-
tions with similar content.
These explanations, however, lack the ability to account for the detailed sim-
ilarities in the laws and especially the overall similarity in sequence that the
preceding chapters have identified between CC and LH and other cuneiform
collections. Shared logic might produce two or three laws in common succes-
sion but not a whole collection. Moreover, working with common problems
cannot begin to explain the common sequence in the laws. A more disquali-
fying point is that these explanations cannot account for the apodictic laws.
Common techniques and topics could not have produced laws in CC that look
so similar to the nonlegal prologue and epilogue.
Similar problems are entailed in a more concrete but still general theory of
oral tradition, according to which relatively specific and perhaps independent
legal units were transmitted, such as the group of laws on the goring ox or the
group of laws on miscarriage.7 This theory might be able to account for a few
of the laws of the casuistic genre, with their limited set of interests in criminal
and civil matters. But it fails to account for the broad similarity in the order
of the laws of the two collections. It further cannot account for the similari-
ties between the apodictic laws and the nonlegal material of the prologue and
epilogue of LH.
Part of the evidence for the orality of biblical legal tradition is thought to
lie in the construction of lines of evolution between legal customs, described
elsewhere in the Bible, to their expression in CC and in lines of evolution vis-
ible in the supposed redactional strata of CC itself.8 Furthermore, some biblical
narratives portray characters as citing legal customs as if they are part of oral
lore.9 Moreover, a few of CC’s laws are remarkably similar to features or cus-
toms in Near Eastern transactional records (contracts, court records). Because
these could not possibly have influenced CC directly, the similarities must be
due to general diffusion, probably orally, of legal customs.10 Too, the range of
cases in CC and the detail of their discussion suggest that a broader orality of
law existed that filled in the gaps and allowed application more broadly.11 We
should not deny that some legal traditions were passed on orally and that actual
legal practice in Israel and Judah was informed by such a tradition. But this
does not mean that CC did not use LH and other Akkadian documents. Part II
shows that local traditions functioned as a miscellaneous source of inspiration
for CC. But they are not responsible for its totality.
If one wants to maintain an explanation by oral means, one has to go
further to invoke a theory of oral transmission, where the essence of
Hammurabi’s entire text—prologue, casuistic laws, and epilogue—and
perhaps some other miscellaneous texts to account for correspondences
between CC and cuneiform texts other than LH, were memorized and trans-
mitted for generations, to be used eventually in the creation of CC.12 It is
difficult, however, to construct a reasonable scenario for this. A combination

of several events and conditions would need to occur and obtain for this to
work, including the following:
• Memorization of LH before 1200 BCE, since about this time cuneiform
scribal schools and traditions in Syria and Canaan came to an end, and
Akkadian was not longer read.13
• A suitable reason for the oralization of LH, not only its casuistic laws
but also its prologue and epilogue.
• Translation of the text, either originally or secondarily along the
way, into an intelligible Northwest Semitic language (Aramaic or
Phoenician), inasmuch as Akkadian was no longer used and understood
in the west after about 1200.
• Transmission and maintenance of this oral text for more than four cen-
turies, from 1200 BCE to near the end of the eighth century, the time
when current scholarship dates much or all of CC (see later).
• Transmission of the oral text over several ethnic or national bound-
aries, from Bronze Age urban scribes acquainted with Akkadian cul-
tural texts, to undefined Northwest Semitic legal tradents (Arameans or
Phoenicians), and eventually to Israelites or Judeans.
• Motivations in each of these distinct cultural spheres for learning
and maintaining the oral text, strong enough despite a vacuum of
Mesopotamian cultural influence from about 1200 to about 800 BCE.
• Institutional and practical contexts in each of these distinct cultural
spheres that would encourage multiple recitations of the oral text in the
lifetime of each tradent so as to retain it to pass it on from generation
to generation.14
It might be thought that examples of oral tradition and transmission, such
as those found in connection with the Tannaitic traditions that led to the
Mishnah and other Rabbinic works,15 provide a model for the viability of the
oral transmissions of LH. Any such analogy requires critical examination and
clarification before it can be probative. Anecdotal, ideological, and traditional
descriptions cannot provide a basis for analysis, especially those that have not
been examined against current perspectives on oral theory. An example of the
type of critical study required is Martin Jaffee’s recent examination of oral
tradition in Palestinian Judaism. He argues that the Tannaim did not memorize
a fixed and extensive composition, but rather short bodies of tradition, which
were realized differently in performance or teaching and which were not purely
oral but interacted with an incipient textuality.16 This process did not maintain
a preestablished fixed text but was creative and led to a product quite differ-
ent from what existed at what might be considered the beginning stages of the
tradition. Moreover, in this case, the traditions were developed and maintained
within a single cultural context, something that cannot be claimed for the oral
transmission of LH to the creators of CC.17
Evidence from the study of human memory in connection with oral tradition
may be added to this critique of oral transmission. It is not that texts, even long
texts, cannot be memorized. CC itself is short enough for easy commission
to memory. With some effort, one could commit the whole of LH to memory,
much like Shakespearean actors can memorize their repertoire. But accurate
retention of such memorized texts requires recourse to a written model from
time to time and cues from an authoritative source because memory is faulty.18
It is hard to imagine how LH would have been passed on intact, especially
without the main features of oral traditions that ensure stability, such as sound
patterns (e.g., rhyme, alliteration, assonance), meter, poetic structure, natural
plot, and internal cues.19 Indeed, oral recitations, especially long compositions,
are as creative as they are conservative.20 Of course, inventiveness in oral ren-
dition could be used to explain some of the differences between CC and LH. In
this supposed game of Telephone from the second to the first millennium, LH
could have evolved to become more like CC.21 But a number of formulations
in CC look like they are in fact responding to a text, such as the laws on two
different victims in the goring ox law, an adult (21:29) and a child (v. 31), which
appears to render two interpretations of mār awīlim “son of a man/member of
the awīlum class” in LH 251; the point-for-point inversion of the master rejec-
tion law of LH 282 to create the master fealty law of 21:5–6; the replacement
of the apodosis of the miscarriage law of LH 210 with a summary of the talion
law of LH 196–201 in 21:23–25; or the various manifestations of name memori-
alization language in CC (see chapters 3 and 11). Similar other cases are found
in part II.
A feature that might be thought to be a mnemonic device in CC and thus
evidence of oral transmission is the chiastic and string structure in the final
apodictic laws, along with the complementary structure of the initial apodictic
laws.22 This structure, however, is inextricably tied to Israelite-Judean theo-
logical ideas. It arises in connection with the replacement of Hammurabi with
Yahweh, as lawgiver, recipient of praise, and name memorialization, and the
replacement of Hammurabi’s statue with Yahweh’s altar. These elements can-
not be excised or undone in some way to create a pre-Israelite text with the
same structure as CC. Nor do the cultural and theological transformations that
operate to create the structure make sense in a pre-Israelite context. The con-
tent of the apodictic laws is primarily Israelite or Judean. Moreover, these laws
do not otherwise contain evidence of pre-Israelite influence.23 Their structure is
therefore not indicative of the maintenance of an oral version of LH.
The foregoing critique of various oral theories means that the only viable
theory is one of literary dependence. Two versions are imaginable: indirect
or direct. A theory of indirect textual dependence would assume that, instead
of being memorized, LH was translated or recast as a new composition into a
Northwest Semitic language, again Aramaic or Phoenician, by 1200 BCE. This
text was passed on over the centuries after the end of Akkadian scribal schools
and eventually across cultural boundaries to Israel or Judah, as described
previously in imagining a theory of oral transmission, where it was used as the

basis of CC. Some of the differences in CC over against LH may have arisen in
the creation of this mediating text. A theory of indirect textual dependence could
allow for several mediating texts over the centuries until CC was produced.24
A main problem with this sort of theory is its speculative character.25 There
is no substantial evidence for it.26 Moreover, in its own way, it is as conjectural,
and perhaps significantly more so, than saying that a writer from Israel or Judah
had access to LH and other cuneiform materials directly in the Neo-Assyrian
period.27 Furthermore, none of the differences in CC’s casuistic laws vis-à-vis
LH give evidence of intermediate cultural influence, if one imagines the medi-
ating text to be a reformulation of LH into a unique Northwest Semitic expres-
sion and not just a translation of LH.28 And as noted already, the apodictic laws,
when not echoing motifs of the prologue or epilogue, contain ideas that are
essentially Israelite or Judean.
A reason for seeking to maintain one of the foregoing theories is the assump-
tion that CC’s laws reflect real law that was practiced in the early history of Israel
or Judah. The less direct CC’s tie to cuneiform texts and Mesopotamian custom,
the more one can see its prescriptions as actual local customs. But that CC’s laws
reflect real practice is not a demonstrated or undisputed fact.29 Other laws col-
lections in the Bible indicate that law texts may be programmatic and idealistic.
This is true of the Holiness Legislation, whose utopianism is especially evident
in its sabbatical year and jubilee legislation in Leviticus 25.30 Likewise, the book
of Ezekiel, the prophetic reflex of the Holiness school, encoded idealized pre-
scriptions in its last nine chapters, a type of law collection (Ezekiel 40–48). The
architecture of the temple relative to the geography of Jerusalem is one index
of the abstraction in this legislation. CC may not substantially differ from these
compositions in its speculative nature. CC’s brevity and topical selectivity, even
with the apodictic laws included, are a hint that it is something other than simply
a report or digest of law practiced in villages and towns.31
The various traditions or textual theories explored here are particularly prob-
lematic in view of the general historical circumstances. They require one to
believe that oral traditions or Northwest Semitic texts, or a combination thereof,
were passed on from the second millennium over several centuries and eventu-
ally came together and evolved into a legal collection in Israel or Judah, a col-
lection whose content and form just happen to match the content and structure
of LH from beginning to end, at a time when this law text was widely copied in
Assyria and when Assyria exerted political and cultural influence on Israel and
Judah. The circumstances point to a theory of direct dependence on LH in this
period. We turn now to explaining this historical and cultural context.
The Neo-Assyrian Date for the Covenant Code
One of the main reasons that scholars have not adopted a theory of direct tex-
tual dependence on LH is the difficulty of being able to define an opportunity
for this dependence in view of the traditional critical date for CC, as outlined at
the beginning of chapter 1. Akkadian scribal schools ceased in the west about
1200 BCE, and between about 1200 and 850, the period in which most scholars
had set the date for at least CC’s basic casuistic laws, Mesopotamia exerted no
significant political and cultural influence on Israel and Judah. The only way to
have Mesopotamian influence in this period was for it to carry over in the west
from the second millennium. The evidence of this study and of recent research
on CC indicates that the date of CC needs to be reconsidered.
The latest date for CC is in the latter half of the seventh century BCE. This
is the latest date for the basic laws of Deuteronomy, which depend on CC.32
Therefore, CC had to exist as an essential whole by this time. I say essential
whole because some studies have argued that part or all of the apodictic laws
are actually dependent on or otherwise postdate Deuteronomy. This conclusion
is questioned later on in this study (chapter 12). Nevertheless, most scholarship
that concludes that elements of CC straddle Deuteronomy chronologically still
sees the bulk of the casuistic laws and a sizable number of apodictic laws as
prior to Deuteronomy. To be sure, a few studies dispute these basic facts. Some
do not accept the late-seventh-century date for Deuteronomy. A few others,
most notably and recently Van Seters, argue that CC as a whole is actually
dependent on and hence later than a late-seventh-century Deuteronomy.33 This
allows Van Seters to argue that CC borrowed from LH in the exilic period. In
my view, the evidence, which need not be set out in this study, is clearly on the
side of dating the basic laws of Deuteronomy to the later seventh century and
CC’s conceptual and chronological priority over Deuteronomy’s laws.34
The earliest date for CC is more problematic. If we lay aside for a moment
the thesis that CC depends on LH, the work as an essential whole and even just
the collectivity of the casuistic laws presume a level of sociological and politi-
cal development in the author’s world somewhat similar to that in the societies
that produced the cuneiform collections, despite what some have claimed about
the sociological perspective inherent in CC’s laws. It is hard to imagine why
and how a premonarchic or even incipient monarchic society would produce
a collection resembling LH and other cuneiform collections. It is much easier
to think that it would be produced by a society with an established tradition of
monarchy—with an extended royal administration and bureaucracy, a flour-
ishing cult supported by the monarchy, urban growth, concomitant economic
development and stratification of society, specialist groups including scribes,
and so forth—and with a developed national consciousness growing out of that
tradition, even to the point where it could view itself as somewhat analogous
to or in competition with Mesopotamian culture. Therefore, even though CC
says nothing directly about the monarchy, it seems unlikely that it would have
been produced before about 800 BCE, that is, well into the Israelite and Judean
monarchic periods.
Other scholars, who do not argue that CC is dependent on LH, have recently
argued for just this dating. Rothenbusch, for example, concludes that CC as
an essential whole was produced around the time of Ahaz (c. 742–727), that it
served royal ideological purposes, and that conditions similar to those that led
to the production of Mesopotamian collections prevailed in Judah and led to the
production of the collection. Moreover, he believes that the social stratification
exhibited in the casuistic laws is to be dated to the monarchy.35 Crüsemann
similarly argues that the slave laws point to social conditions in the monarchy
and that the laws about the immigrant (22:20; 23:9) cannot be earlier than the
fall of the Northern Kingdom in 722.36 He concludes that “the Book of the
Covenant was compiled in the last decades of the eighth or the beginning of the
seventh century.”37 Those who argue for a late-eighth-century date generally
allow for the preexistence of some of the casuistic laws that, when taken out of
their present context, do not require an eighth- or seventh-century date. But if
these preexisting laws were fused together in a collection or collections, those
entities would have been extremely embryonic.38 In short, whatever the prehis-
tory of the text, scholars now tend to agree that CC’s coming together into a
work that we can start to call “the Covenant Code” occurred around the end of
the eighth century.39
The foregoing considerations give us a window for CC’s composition of
about 740 to around 640 BCE. It is remarkable that this very time period is when
Israel and Judah had extensive and continuous contacts with Mesopotamia,
specifically with the Neo-Assyrian Empire.40 It is reasonable to think that, in
this context, a few Israelite or Judean scribes learned Akkadian and studied LH
and perhaps other related legal texts as part of their education. This enabled one
or more of these scribes to create CC.41
A review of the evidence indicates that some Israelites or Judeans prob-
ably had this capability.42 A revived Assyria began its westward expansion in
the first half of the ninth century BCE under Ashurnasirpal II (883–859), who
reached the Mediterranean.43 Shalmaneser III (858–824) next extended cam-
paigns into Palestine. He defeated Ahab44 and received tribute from Jehu. The
Black Obelisk even portrays Jehu prostrate at the Assyrian king’s feet.45 A few
decades later, Adad-nirari III (810–783) campaigned in Palestine and received
tribute from Joash of Samaria.46 More extensive contacts with Israel and then
with Judah began under Tiglath-Pileser III (744–727) and lasted for more
than a century. Tiglath-Pileser quelled a Syrian revolt, collected tribute from
Menahem of Israel,47 and later placed pro-Assyrian Hoshea on the throne.48 He
also received tribute from Jehoahaz (Ahaz) of Judah.49 Shalmaneser V (726–
722) conquered Samaria in 722/721,50 and Sargon II (721–705) extinguished
further rebellions in the west, including Samaria, that arose when Shalmaneser
died. Sargon recaptured Samaria and deported a sizable part of the population
to the Assyrian Empire.51 He also established some control over Judah.52 After
a period of relative peace, Sennacherib (705–681) moved against western cit-
ies that began to rebel. He besieged about four dozen Judean towns, including
Jerusalem, and succeeded in exacting tribute from Hezekiah.53 By the reign
of Esarhaddon (680–669), Assyrian domination in Syria-Palestine was at its
height. A documented activity was his enlisting the help of various western
kings, including Manasseh of Judah, to provide materials for the Assyrian pal-
ace at Nineveh.54
Although the Assyrian royal annals, just reviewed, portray the relations
between Assyria and Israel-Judah mainly in narrow militaristic terms, the con-
tacts presuppose more extensive cultural interactions between the parties.55
The main reasons for Assyria’s expansion were ideological and practical: to
reestablish control in the regions occupied in the Middle Assyrian period and to
gain access to goods in the west and secure transportation routes to bring these
goods to the empire.56 To do this, Assyria could not simply conquer and gather
tribute but had to foster an enduring working relationship with conquered peo-
ples and their leaders. This presumably would have included educating subject
populations in Assyrian culture and ideology, as well as establishing a means
for diplomatic communication, which would have been facilitated by training
some individuals (no doubt associated with the local leadership institutions) as
scribes in the requisite languages, including Akkadian.
The necessity and opportunity for some local officials to know or learn
Akkadian is indicated by several other pieces of evidence. A variety of cunei-
form inscriptions have been found or are otherwise attested in Israel, Judah,
and their environs in this period.57 Fragments of at least five Assyrian stelae
have been discovered.58 Four pertain to the campaigns of Sargon II. One stela
was erected in Samaria, perhaps when Sargon rebuilt the city.59 A fragment of a
second comes from Ben-Shemen in the hills of Samaria.60 Fragments of at least
two distinct stelae were found at Ashdod.61 Another fragment comes from the
time of Esarhaddon and was found at Qaqun, northwest of Samaria.62 In addi-
tion to the discovered fragments, the accounts of the Assyrian campaigns men-
tion the erection of stelae in the west.63 One account represents Shalmaneser
III setting up a monument on Ba’lira’si, “a cape (jutting out into) the sea,” that
is, apparently the Carmel Range (the next lines of the text speak of receiving
tribute from Tyre, Sidon, and Jehu).64
In addition to the monumental inscriptions, a number of Akkadian tablets
and other inscriptions have been found, including a tablet from Samaria giving
an order to deliver animals as a tax,65 a list of the distribution of bread rations
from Tel Keisan (near Acco),66 two administrative documents from Tel Hadid
(near Gezer),67 an administrative document dealing in part with fields from
Khirbet Kusiya (north of Qaqun),68 and what appears to be a lamaštu amulet
from near Lachish.69 Two Akkadian sale documents were also found at Gezer.70
One (Gezer 3) shows the operation of Assyrian legal customs in the purchase of
slaves (the witnesses have non-Hebrew names). The second (Gezer 4) is a con-
tract for a piece of land (dated 649 BCE) and contains the Israelite name Natan-
Yahu, the person selling the land.71 A bulla from Samaria has an inscription
saying, presumably, “for A[ššur-iddi]n.”72 Becking says this is “presumably the
name of an Assyrian deportee to whom a royal(?) letter was written.”73 Some
seals have been found from various locations in Israel and Judah.74 One is a cyl-
inder seal from Samaria belonging to servant named Nabu-zaqi[p].75 Becking
says that “this inscription makes clear that there was someone in Samerina [the
Samarian province] who was able to teach cuneiform script to others. I assume
that he was the one who made this seal for his servant.”76 Though most of these
cuneiform documents were the products or property of foreigners, according to
Stern they are to be viewed “as important evidence for the intensity of Assyrian
rule in the country: scores of scribes were required to read or write this peculiar
script, which,” he adds, “was probably imposed on the locals.”77 In regard to
such an “imposition” upon the population, Cogan noted that “in the countryside
of Judah, the intermingling of populations [during the Neo-Assyrian period]
went much further, with foreigners settled to the immediate west and north of
Judah in Assyrian provinces. In addition to Hebrew, Assyrian and eventually
Aramaic became the languages of daily discourse.”78
A number of persons listed as scribes (LÚA.BA = tupšarru) in vari-
ous (Akkadian) Neo-Assyrian legal texts have Northwest Semitic names.79
Oded lists the names of fourteen such individuals.80 These scribes probably
worked with cuneiform. Scholars in the west in other areas were familiar with
Akkadian. Excavations at Hamath produced about twenty cuneiform texts
dealing with various topics (administration, religion, medicine), dating from
the end of the ninth century to the end of the eighth century.81 Dalley notes that
Aramaic did not fully replace Akkadian at the end of the eighth century and
gives as evidence the presence of a Neo-Assyrian scribal school in Husirina
(Sultantepe) near Haran.82 Although the number of foreign scribes versed in
Akkadian in the first millennium would have decreased as Aramaic became the
lingua franca, Akkadian was not fully displaced as a language of administra-
tion, as the evidence just reviewed indicates. Foreigners would need to become
adept in this language.83 For some, this education may have progressed to a
relatively advanced level.84
The general context of international relations further indicates that edu-
cation in Akkadian would be required for some foreigners. Diplomatic mis-
sions were sent from Israel and Judah. These embassies had various purposes.
One was to celebrate affairs of state with the Assyrian kings. An inscription
describing Sargon’s dedication of Dur-Sharruken says that “rulers of all coun-
tries (malkī mātitān), the governors of my land, overseers, officials, princes,
nobles, and elders of Assyria” were present, from whom he received gifts.85
Representatives from Judah and from the conquered land of Samaria may have
attended, and Younger goes as far as to observe:
Half a dozen years after the 712 campaign (i.e., 706 BCE), Sargon com-
pleted his new capital, Dūr-Šarrukin, and required the kings of the west
to attend its dedication. . . . 86 It is not improbable that Hezekiah, king of
Judah, made the trek to visit this impressive new city. . . . But only a year
later, Sargon was suddenly and unexpectedly killed on the battlefield
while campaigning in Anatolia. His death rocked the ancient world.87
Another reason for missions to Assyria was to deliver tribute and taxes.
Sennacherib’s account of his campaign says that Hezekiah “sent his messenger
to bring (to Assyria) the tribute and to do obeisance.”88 Earlier, an Assyrian offi-
cial wrote to Sargon II about accounts received, saying “the emissaries from
Egypt, Gaza, Judah, Moab and Ammon entered Calah on the 12th with their
tribute.”89 A few other Akkadian texts, not associated with diplomatic mis-
sions, show administrative interactions with the west: reports on a corn tax
from Samaria,90 travel “to the land of the house of O[mri],”91 and the delivery of
bricks to Samaria and Megiddo.92
That Israelite elites in Assyria attained or maintained a position of prestige
and received the benefits of Assyrian society further suggests that some among
them may have had access to cuneiform scribal education.93 For example, the
Nimrud Prism says that Sargon conscripted some Israelites as chariot soldiers:
I counted as spoil [2]7,280 (the Display Inscription says 27,290) people
including [their] chariots and the gods who provided them aid. I formed
a unit of 200 (the Display Inscription says 50) chariots from them as part
of my royal army, and I resettled the rest of them in the midst of Assyria
(ina qirib Aššur).94 I repopulated Samaria more than before, and brought
into it people from the countries which I had conquered.95
The Horse Lists, from Fort Shalmaneser in Calah (Nimrud), Sargon’s main
capital, may provide commentary on the deported chariotry. These texts list
various chariot units in the Assyrian army. One unit was headed by thirteen
equestrian officers, some from Samaria.96 Two of the names are Israelite (ia-
u-ga-a [=Yahu-ga’a “Yhwh is exalted”] and ai(PAP)-i-ú [Ai-Yahu]).97 The
individual named Sama (sa-ma-a; Northwest Semitic root šm‘), who may have
been Israelite, appears to have been especially close to the royal family, if he
can be identified with Sama in some other texts, which is likely because Sama
is a rare name.98 During the reign of Sargon, he borrowed silver from the tem-
ple of Ishtar and leased land for cultivation; during the reign of Sennacherib,
he was a witness in several texts and is identified as a LÚmurabbānu ša mār
šarri “(horse) trainer to the king’s son.” Dalley says that “the evidence for his
career is an indication of the important role played by Samarians in Nimrud
and Nineveh in the late 8th and early 7th centuries.”99 If Sama was not Israelite
(though still a west Semite), his position at least reflects on the high status of the
Israelites within the military group.100
Other evidence pertaining to the cultural training of Israelites in Assyria
from Sargon’s time includes his claim to have trained foreigners abroad in vari-
ous disciplines:101
Peoples from the four (regions), with foreign languages and unusual speech,
dwelling in mountains and flat land . . . who by the command of Ashur my
lord, by the power of my staff, I took as spoil, I caused to reach consen-
sus.102 Assyrians, skilled in all trades103 I sent as overseers and supervisors
to teach (them) correct behavior104 and to serve the gods and the king.
Moreover, a number of Israelite names appear in Akkadian administrative
documents from Nimrud/Calah and Nineveh after the conquest of Samaria.105
The appearance of many of these as witnesses and especially as participants in

legal procedures indicates possible familiarity with Akkadian in the Assyrian
homeland.
Sennacherib also exiled elites and professionals from Judah. The account of
his attack on the southern kingdom says that, besides himself taking “200,150
people, young and old, male and female, horse, mules, donkeys” and so forth,
Hezekiah sent the Assyrian king (presumably at Nineveh) “his daughters, his
palace women, his male and female singers” in addition to material riches.106
The treatment of the Arab princess Tabua may throw light on how Hezekiah’s
daughters and other nobles were treated.107 Esarhaddon says that Sennacherib
had taken her family captive and that she was “raised in the palace of my father
(i.e., Sennacherib)” (tarbīt ekalli abīya). Esarhaddon later made her the queen
of the Arabs and returned her to her homeland. Tabua no doubt received edu-
cation in Assyrian cultural matters in Sennacherib’s palace. Other foreign-
ers were probably given similar opportunities, and some may have even been
trained as scribes.
The Bible contains clues about Israelite or Judean familiarity with
Assyrian ways. Ahaz’s contacts with Tiglath-Pileser reveal that Judean mes-
sengers and even the king would travel abroad to meet with Assyrians. Ahaz
sent messengers to Tiglath-Pileser (where is not clear, but presumably not
Damascus) to obtain his aid against the Syro-Ephraimite coalition (2 Kings
16:7).108 After Syria’s defeat, Ahaz went to Damascus to greet the Assyrian
king (v. 10). According to the story, Ahaz adopted the altar design found
in Damascus (vv. 10–16). Some have wondered if this altar was in fact of
Assyrian design.109 In any case, this shows a willingness to borrow from
foreign culture and may imply a willingness to co-opt literary traditions,
including law collections.
Another story, fantastic in many respects, recounts Yahweh’s sending lions
among the resettled people in Samaria. This story may have a kernel of histori-
cal truth when it claims that the king of Assyria (who would be Sargon II) sent
back a deported priest to teach the people Israelite religious customs (2 Kings
17:27–28). This is consistent with Assyria’s maintaining the status of deported
elites and also using local leaders to rule as long as they were submissive to
Assyria. It is also consistent politically with Esahaddon’s repair and return of
Arabian deities back to the Arabs in connection with the installation of princess
Tabua, mentioned previously. A deported priest would be an attractive candi-
date for the author of CC.
The story about the Rabshakeh’s confrontation of Jerusalem officials, to the
extent that it is historical,110 gives a measure of the linguistic facility that diplo-
mats had to have. He could speak to the Jerusalem locals in their own language,
Hebrew, rather than using Aramaic, the expected diplomatic lingua franca (2
Kings 18:26–27). The Jerusalem officials, for their part, were quite comfort-
able using Aramaic. This may imply that some in the city were also learned
in other diplomatically important languages, such as Akkadian. It has been
suggested that the Rabshakeh was “a former Aramaean or, better, Israelite exile
who knew and could deal with the local scene.”111
Merodach-baladan sent an embassy to Jerusalem (2 Kings 20:12–15), prob-
ably before Hezekiah’s revolt against Assyria. This is a sample of the contacts
that could occur from time to time between Mesopotamia and Judah/Israel.
A few passages in Hosea refer to Israel’s sending diplomatic missions to
Assyria. Hosea criticizes Ephraim, saying that it “is like a dove, silly and with-
out sense, calling to Egypt, going to Assyria” (Hos 7:11) and that “like a lone
wild ass they have gone to Assyria” (8:9; cf. 5:13; 12:2).112
A later piece of evidence is Deuteronomy 4:6–8: “What great nation has just
prescriptions and laws (‫ )חקים ומשפטים צדיקים‬like all of this instruction that I am
placing before you today?” Hurowitz has noted that this passage may indicate
that Israel knew of cuneiform law collections.113 The authors of Deuteronomy
may have been well aware of the strategy used to create CC, especially as it
used Assyrian treaty in a similar way to create some of its laws (see later) and
because in many respects CC can be analyzed as not just pre-Deuteronomic
but proto-Deuteronomic, that is, part of the scribal tradition out of which
Deuteronomy eventually emerged (see chapters 11–13).
A still later piece of evidence is from the book of Daniel. Although this
work is problematic as historical evidence and its ostensible story line pertains
to the Neo-Babylonian, not the Neo-Assyrian, period, it indicates that Judean
foreigners were educated in Mesopotamian language and literature. The first
chapter says (vv. 3–5):
And the king said to Ashpenaz, the chief of his eunuchs, to bring from the
Israelites and from the royal line and from the elite young men who were
wholly unblemished, good-looking, with wise sensibilities, learned, who
could understand knowledge, and who had ability to serve in the palace
of the king, and to teach them writing and the language of the Chaldeans
(‫)וללמדם ספר ולשון כשדים‬. The king appointed for them a daily ration from
the repast of the king and from the wine of his feasts—and to educate
them for three years (‫ )ולגדלם שנים שלוש‬at the end of which they would
serve before the king.
Gesche says that, while a native scribe may have gone to school from childhood
to maturity, this passage is a clue as to the actual length of the scribal education
of a foreigner in Babylonia.114 This description may not be purely fictional, and
it may reflect educational practice that operated prior to the Neo-Babylonian
period.
Other biblical evidence points to influence from Assyrian cultural ideas
and texts. Deuteronomy used various sources in its composition, including a
text similar to the Vassal Treaties of Esarhaddon (VTE).115 Its correlations with
VTE are found primarily in the laws on loyalty to Yahweh in Deuteronomy
13:1–19 and 17:2–7 and in the curses of 28:20–44 but are also visible in the
motifs of not altering the treaty/covenant document, loving the sovereign,
teaching obligations to children, and serving the sovereign alone (see the exam-
ple cited in chapter 11, p. 293).116 These correlations point to a composition of
these passages of Deuteronomy after the VTE were formulated in 672 (when
Ashurbanipal succeeded to the throne) but before Assyria’s influence in the
west began to wane soon after 640.117 It is not clear if Deuteronomy used an
Akkadian text or an Aramaic or even Hebrew version of its treaty source. But
even if Deuteronomy used a translation, it nevertheless did to Assyrian treaty
what CC did to LH. It replaced the Mesopotamian sovereign with Yahweh to
formulate a text with an entirely different view of ultimate obligations and to
presumably serve local ideological purposes. This supports the conclusion that
CC does in fact come from the Neo-Assyrian period and depends on literature
from the Neo-Assyrian cultural sphere.118 It would be a tremendous coinci-
dence that CC—if derived from ancient oral traditions—ended up looking like
it was a tendentious transformation of a prestigious document expressive of
Mesopotamian political ideals (i.e., LH) in the very period when Deuteronomy
clearly performed such an operation on another culturally and politically sig-
nificant Mesopotamian text.
In addition to the evidence from Deuteronomy, several passages in First
Isaiah (dated approximately to the end of the eighth century or shortly thereaf-
ter) reflect motifs and language in Neo-Assyrian royal inscriptions, as observed
by Peter Machinist.119 He concludes that Isaiah and/or his disciples learned
these motifs ultimately from Assyrian sources.120 It is unclear to him, how-
ever, whether these motifs were learned in Assyria or in Judah, whether they
were mediated orally or in texts, and, if through texts, whether these were in
Akkadian or Aramaic.121 He favors a thesis of Aramaic textual influence in
Judah. Although he does not absolutely exclude a local Akkadian hypothesis,
he finds certain problems with it:
A priori, we should not exclude the possibility of Akkadian. In the latter
eighth and seventh centuries B.C., when Isaiah and his circle were active,
a kind of oikumeme developed in the Assyrian empire, encouraged by the
government’s policy of rearranging populations and goods. One mani-
festation of this was a mixing of languages, including bilingualism in
Akkadian and a native tongue. One may suppose such bilingualism espe-
cially for the local ruling elites, who would have deemed it useful in their
dealings with the Assyrian authority, whether at home or on embassies
to the Assyrian heartland. Even so, the evidence for it is stronger in the
northern part of the Levant, i.e., in Syria, which was closer to and in
contact over a longer time with Assyrian, than in Palestine in the south.
In fact, from Judah proper nothing explicitly testifies to a real knowledge
of Akkadian. There is another problem here as well. Granted that vari-
ous local officials, Judaeans among them, had a knowledge of Akkadian
for administrative purposes, how many would have had an ability in a
literary dialect of Standard Babylonian, in which the official inscriptions
were composed, is unclear. Probably some locals understood bits of the

textual and not simply the iconographic sections of the royal stelae and
reliefs displayed for them, after all, in their own territories. But the low
level of knowledge at hand may be inferred from the little evidence we
have for any independent regional, i.e., non-Mesopotamian, composition
of Akkadian texts in the Neo-Assyrian period, as against their promi-
nence in the preceding centuries.122
Machinist’s findings about influence on Isaiah from the language of Neo-
Assyrian royal inscriptions give support to the thesis that CC was influenced
by Mesopotamian models in the Neo-Assyrian period, even though the Isaiah
evidence is on a much smaller scale and the influence may have been mediated
in some way. Yet Machinist’s estimate that Judean scribes knew only admin-
istrative Akkadian, and not the Standard Babylonian of the royal inscriptions,
might imply that these scribes may not have known LH and other similar texts
from which to create CC.
Morrow has recently extended such skepticism in a review of Otto’s study
of Deuteronomy that argued for Deuteronomy’s dependence on MAL A in sev-
enth-century Judah. Morrow asks with disbelief “how could cuneiform literacy
be acquired by a small Iron Age state on the periphery of the NA empire?”123
But he allows room for some knowledge of Akkadian, as did Machinist:
. . . local officials in Judah could have had a rudimentary knowledge of
Akkadian sufficient to understand the textual sections of royal stelas and
reliefs that Assyrian authorities may have placed in their territory. I do
not wish to contest such a conjecture, but I will underscore the ad hoc
nature of such knowledge. We need not imagine a degree of cuneiform
literacy in 8th–7th century Judah much different from the rudimentary
knowledge acquired by many modern students. One can learn to read
a particular selection of Akkadian texts and signs without acquiring
the competence to fluently read other texts, let alone communicate in
Akkadian.124
In a more recent essay, Morrow has resisted my dating of CC for the reasons
set out in his review of Otto. He says that Van Seters’s claim that LH influenced
CC in the exile makes better historical sense than a claim for the Neo-Assyrian
period. At the same time, Morrow believes, against Van Seters, that altar law
of Exod 20:24–26 and other parts of CC predate Deuteronomy. The present
study creates a problem for this sort of solution because it demonstrates that the
whole structure and much of the content of CC, including the altar law, depend
on LH. This means that the influence of Hammurabi’s text on CC generally
must be pre-Deuteronomic and therefore pre-exilic.125
Despite these hesitations, that Machinist and Morrow allow for basic abili-
ties in Akkadian indicates that there was a means of training some local scribes
in Akkadian. This opens the door for supposing that a select few may have had
a more advanced level of education. It is not necessary for this education to be

available within Israel or Judah. Some westerners, given the broad intercultural
interactions described above, could have received this in the Mesopotamian
homeland.
Another set of data that needs to be reconsidered in the context of Neo-
Assyrian influences is the similarity between Genesis 1–11, particularly the
material identified as Yahwistic (J) in those chapters, and Mesopotamian texts
and cultural motifs. The J creation and garden story in Genesis 2–3 shares a num-
ber of motifs with the Gilgamesh Epic, including the creation of humans from
clay, a plant of life, a treacherous snake, becoming civilized and wise in associa-
tion with a motif of sexual activity, as well as a general preoccupation with mor-
tality.126 In addition, the first chapters of Genesis emphasize a Mesopotamian
homeland for human civilization. Genesis 6–9 also contain the J as well as P
flood stories, which have long been recognized as indebted in some way to
Mesopotamian models as manifested in Atrahasis and especially Gilgamesh.
Further, the Tower of Babel story in Genesis 11:1–9 is a polemic involving the
building of a ziggurat in Babylon set in primordial times.127 Normally, these
stories and motifs are thought to derive, just like previous explanations of CC’s
casuistic laws, from oral or even scribal tradition reaching back into the second
millennium.128 But now, in view of the tendency to date material ascribed to J
to a later date than in the traditional documentary hypothesis, and in view of
the Neo-Assyrian matrix for CC and certain materials in Deuteronomy, one
can wonder whether the J materials also grow out of this context. This material
potentially, then, supports CC’s use of Mesopotamian sources in this period.
(See further chapters 12 and 13 for more perspective on biblical narratives that
reflect Mesopotamian motifs and the date of those narratives.)
To conclude this discussion, the various preceding points of evidence indi-
cate that a hypothesis that CC was created in the Neo-Assyrian period under
the influence of Akkadian texts is reasonable. Scribes in Israel or Judah had
at least fundamental abilities in Akkadian, and it is not impossible that some
others may have had the capacity to read texts such as LH and associated legal
texts. The evidence of CC, especially after we complete the analysis of part
II, is in fact substantial enough to force reassessment of the nature of Israelite
and Judean scribal training and abilities in Akkadian in this period. To put the
cart of the argument before the horse, CC becomes significant proof that some
Israelite and/or Judean scribes had significant training in the traditional tongue
and literature of their overlords.129
The Attestation of the Laws of Hammurabi in the

Neo-Assyrian Period
While the foregoing has described the broad linguistic, cultural, and literary
context for the use of LH during the Neo-Assyrian period, suggesting that
some Israelite or Judean scribes may have received substantial scribal training
in Akkadian and possibly in Assyria, it has not talked about the attestation of
LH in that period. There is no evidence that LH circulated in Israel or Judah
at this period, but the text was nonetheless well known in Assyria and actively
copied as a scribal text there. It is possible that CC was drafted or at least con-
ceived of there, perhaps in connection with scribal training acquired there.
Copies of LH are attested from the Old Babylonian (OB) period through the
Late Babylonian period. The appendix to this chapter provides a description of
the OB, Middle Babylonian, Middle Assyrian, and Neo-/Late Babylonian cop-
ies of LH. Here, however, we examine the text’s attestation in the Neo-Assyrian
(NA) period. It turns out that CC is richly attested at this time. It is second to
the OB period in the number of LH texts discovered so far.130 At least nineteen
tablets, and possibly three more, dating to the NA period and containing sec-
tions of LH, have been discovered. The NA manuscripts that clearly belong to
LH include: D (K 10778); J + x (K 4223 + K 9054 + K 11795 [= x] + K 13979
(+) Sm 1008a); L (K 10483); N (K 8905); P (AO 7757 + DT 81 + Rm 2.388 (+)
Rm 277); T (K 10485); b (Sm 1642); c (Sm 26); e (K 11571 + 91 – 5 – 9,221); f
(K 6516); i (K 1100 + K 10884); j (K 15046); k (K 17335); 1 (K 19559); m (K
19879); n (Sm 1640); o (Rm 369); α (K 19375); ζ (K 18470).131
Though these NA tablets are fragmentary, enough exists to estimate the
original scope of many of them. Each tablet whose extent can be judged
appears to be part of a series containing the entirety of LH, including the
prologue and epilogue. The existing texts, which represent only a portion
of the actual number of texts available in antiquity, belong to at least three,
maybe five (possibly more), distinct copies of the series.132 While on a micro-
scopic level there are variants, mostly in spelling and sometimes in words and
phrases,133 and while a history that sorts out families of texts can be proposed
on the basis of variants and other aspects of text form,134 the overall sequence
and content of the laws in these tablets (and in tablets from other periods) are
the same as found in the OB Louvre Stela.135 This does not mean, however,
that the tablets derive (through mediated copies) from the stela. Laessøe pos-
its an OB source text “X,” from which both the Stela and ultimately the NA
tablets separately derive.136 In any case, the NA tablets are a witness to the
canonical status of LH in the Mesopotamian literary tradition of their time
and show that it was part of the intellectual life of scribes.137 Tablets similar
to the known NA tablets, as well as tablets produced earlier, could have been
available to the writer of CC.
The majority of the NA texts appear to belong to various versions of a five-
tablet series that contained the whole of LH (see c, D, J + x, L, N, T, l and
especially P and e [note the colophon of e]). The NA texts, to be described later,
are listed according to this five-tablet series. Some texts are too fragmentary to
securely fit into this classification (texts b, j, k, m, n, α, ζ, and perhaps o); they
are nonetheless listed in the block of text to which they theoretically pertain.
Two texts (f and i) have a range that is different and may belong to a series with
a different number of tablets—its text, at least, was divided differently. These

divergent tablets are listed in the block closest to their content.138
1. Tablets with First Part of Text (Prologue

through c. Law 50; c. Stela Cols. I–XIV):
D: text attested: obv I (?) part of the prologue (= Stela II 12–19), obv II (?) pro-
logue continued (= Stela III 34–50); original extent: presumably a 10-column tab-
let (5 per side), containing the prologue to c. law 48 (possibly somewhat further).
L: text attested: rev IV law 41 (= Stela XII 54–62), rev V laws 48–49
(= Stela XIV 7–19); original extent: a 10-column tablet, containing the pro-
logue through c. law 49.
J (to which x is now joined): text attested: rev I laws 23–27 (= Stela IX 40-X
15), rev II laws 27, 30–32 (= Stela X 16–24, 66-XI 27; LH 28–29 would be in the
space between Sm 1008a rev. right col. and K 4223 + rev II), rev III laws 32–33
(= Stela XI 37–45); original extent: presumably a 10-column tablet, containing
much or all of the prologue through c. law 54.
N: text attested: rev IV laws 44–46 (= Stela XIII 32–49); rev V law 51
(= Stela XIV 55–66); original extent: a 10-column tablet, containing the pro-
logue through c. law 51.
k: an unpublished fragment that contains part of the prologue (= Stela III
54–60); the fragment is superficial, giving no indication of the thickness of the
tablet; extent cannot be judged, though the ductus and surface contour of the
fragment are consistent with multicolumn tablets.
2. Tablets with Second Part of Text (c. Laws

51–125; c. Stela Cols. XV–XXVII):
P: text attested: obv I laws 53 (beginning of tablet)-54, 57–59 (= Stela XV 7–22,
60-XVI 5), obv II laws 61–62, 66–67 (= Stela XVI 31–44 and broken portion
of Stela), obv III laws 67+a, 68+b (Stela broken), obv IV law 69+c (Stela bro-
ken), obv V the text is too broken, rev I law 75+e (Stela broken), rev II laws
103–104 (= Stela XXIV 13–26), rev III laws 107–108, 111–112 (= Stela XXV
9–16, 49–61), rev IV laws 113–115, 117–118 (XXVI 6–33, 65–72), rev V laws
120–121 (XXVII 13–26); original extent: clearly a 10-column tablet, contain-
ing LH 53 through c. 124.
l: text attested: obv I’ laws 58–59 (= Stela XVI 1–5), obv II’ law 66; original
extent: presumably a 10-column tablet (the column juxtaposition of laws 58 and
66 is similar to P), containing a range similar to P (LH 53-c. 124).
T: text attested: rev I’ law 76+e, rev II’ law 104–105 (= Stela XXIV 38–49),
rev III’ law 112 (= Stela XXV 59–66); original extent: presumably a 10-column
tablet (the column juxtaposition of laws 104 and 112 is similar to P), containing
a range similar to P (LH 53-c. 124).139
j: text attested: law 68+c?; extent cannot be judged.
3. Tablet with Perhaps Third Part of Text (? c. Laws

126–177; c. Stela Cols. XXVIII–XXXVII; for the
Division of a Series around LH 126, see OB Tablet t,
in Appendix 2):
m: a small unpublished fragment that contains part of LH 166 (= Stela XXXIV
62–69); the fragment is superficial, thus giving no indication of the thickness of
the tablet or its extent, though the ductus and tablet surface are consistent with
multicolumn tablets.
ζ: unpublished fragment, which Lambert says “contains parts of Hammurabi’s
laws nos. 170, 172.”140
4. Tablets with the Fourth Part of the Text (c. Laws

178–270; c. Stela Cols. XXXVIII–XLV):
c: text attested: rev IV laws 256–257 (= Stela XLIV 94–XLV 9); rev V laws
266–267 (= Stela XLV 75–83); original extent: a 10-column tablet, containing
c. LH 178 to 267.
b: text attested: rev III? laws 249–250 (= Stela XLIV 38–45); original extent:
hard to judge but is comparable to text c.
f: text attested: toward the beginning of the epilogue (= Stela XLVII 69–85);
original extent: hard to judge; if this fragment is from rev V,141 then a previous
9 columns could have contained the beginning of the epilogue and laws as far
back as LH 178. Another tablet would be necessary for the rest of the epilogue.
If this is correct, text f overlaps the division attested between texts c and e.
5. Tablets with the Fifth Part of the Text (between

c. 271 through the Epilogue; c. Stela
Cols. XLVI–LI):
e: text attested: obv I laws 277–280 (= Stela XLVI 54–73), obv II first part of
the epilogue (= Stela XLVII 16–32), obv III epilogue continued (= Stela XLVII
79–94), obv IV only the beginnings of some signs, rev III only the beginnings
of some signs, rev IV epilogue continued (= Stela LI 11–35), rev V end of the
epilogue + colophon (= Stela LI 71–91); original extent: a 10-column tablet,
starting c. LH 273/274 to end of the epilogue. The colophon indicates that this
is the fifth tablet in the series entitled dīnāni [ša LUGAL I]ammurabi (cf. LB
text C).
o: text attested: obv (col. ?) perhaps part of early epilogue (= Stela XLVII
73–75; this not legible or even discernible on the now very fragile fragment),
rev right some of the middle of the epilogue (= Stela XLIX 25–38), rev-left
more of the epilogue (= Stela L 9–19); original extent possibly a 10-column tab-
let with about 75 lines per column; the fragment appears to preserve the lower
part of first two columns of the reverse; rev V would have finished the epilogue
with room for a colophon; the obverse would have begun around XLIV 75 (LH
253); if the fragment comes from somewhat above the lower reverse corner,
then the tablet may have had 8 columns with, on average, more than 75 lines per
column; in this case, obv I would have begun around LH 261.
i: text attested: obv I near beginning of the epilogue (= Stela XLVII 94–
XLVIII 16), obv II continuation of the epilogue (= Stela XLVIII 17–44), rev I
middle of the epilogue (= Stela L 12–36); original extent: a 4-column text, con-
taining only the epilogue.142 This tablet is anomalous not only in its scope but
also in its number of columns, in its having longer lines than other NA tablets
(containing at times up to four stela lines per tablet line), and in its modernized
orthography (noted by von Soden). Compare OB text A, which contains only
the prologue, in 4 columns, with lines containing up to 4 stela lines per line. A
is still part of a series because it has a catch line that links it to the first law. This
suggests that NA text i could still be part of a series, even though it contains
only the epilogue.
n: an unpublished fragment that contains part of the epilogue (= Stela
XLVIII 70–76); the fragment is superficial, giving no indication of the thick-
ness of the tablet; extent cannot be judged, though the ductus and tablet surface
are consistent with multicolumn tablets.
α: unpublished fragment that contains part of epilogue (= Stela XLVIII
79–87).143
Other Law Collections Used
Although the whole of CC is primarily based on LH, a handful of casuistic

laws have correlations with laws in other known law collections but not found
in LH. The major examples include the laws on an ox goring an ox (21:35 // LE
53), burglarizing a house with a distinction between day and night (22:1–2a //
LE 13), burning another person’s field (22:5 // HtL 105–106), seducing a virgin
(22:15–16 // MAL A 55–56), and possibly talion in miscarriage (22:23–25 //
MAL A 50, 52). Part II identifies some other minor correlations with other non-
Hammurabi laws.
While one can confidently conclude that CC used LH, one cannot claim
with certainty that CC used any of these other known collections because
of problems in their attestation. It is clear that CC could not have used the
Hittite Laws. These were composed and copied in a geographically remote area
(Hittite Anatolia), not transmitted as far as the record attests after the fall of the
Hittite kingdom in about 1180 BCE, and in a language that would have not been
accessible to the Israelite or Judean writer, even if copies were available.144 The
question of accessibility also surrounds LE. This is only known from copies of
the text from about 1800 BCE,145 though its Akkadian would have been under-
stood by one who could read LH.
It is possible, however, that CC used MAL A. A fragment of MAL A, with
some of the initial laws, was found in Nineveh in a Neo-Assyrian archive,
though it has been identified as Middle Assyrian in origin.146 Furthermore, the
main tablet of MAL A, though Middle Assyrian in date, was discovered in a

Neo-Assyrian context in a gateway complex at Ashur.147
Support for the existence and use of MAL A in the Neo-Assyrian period
comes from the book of Deuteronomy. Deuteronomy has a number of similari-
ties with MAL A. Otto has, in fact, argued that such correlations, in content
and structure, demonstrate that Deuteronomy’s laws depend upon MAL A.148
The correlations between the two texts in content include laws about:
• A woman grabbing or injuring a man’s testicle(s) in a fight, Deuteronomy
25:11–12 and MAL A 8.149
• Forced intercourse with an unbetrothed maiden where the violator must
marry the woman and make a payment to her father, Deuteronomy
22:28–29 and MAL A 55 (cf. Exod 22:15–16 and the discussion later).
• Levirate marriage, Deuteronomy 25:5–10 and MAL A 30, 43 (cf. MAL
A 25–28, 31, 46).
• Rape occurring in a town, Deuteronomy 22:23–22 and MAL A 12 and
14 (see MAL A 55 for concern about the location of forced intercourse;
cf. HtL 197).
• Adultery, Deuteronomy 22:22 and MAL A 13–16, 22–24.
• Flogging with forty lashes, Deuteronomy 25:1–3 and MAL A 18 (for
flogging with a different number of lashes, see MAL A 7, 19, 21).
In addition, several phrases in the laws about sexual behavior in Deuteronomy
22 are similar to laws in MAL A:150
• ‫“ ולנער]ה[ לא תעשה דבר אין לנער]ה[ חטא מות‬do not do a thing to the woman;
the woman is not liable to the death penalty” (Deut 22:26) and mimma
lā eppušū “they shall not do anything (to a guilty party)” (MAL A
23) and ša sinnilte īu laššu “there is no punishment for the woman”
(MAL A 12).
• ‫“ והחזיק בה האיש‬and the man seizes her” in the rape law of Deuteronomy
22:25 and aʼīlu iabassi “and the man seized her” (MAL A 12).151
• ‫“ ושם לה עלילת דברים‬he places a charge against her” (Deut 22:14) and
ina eli tappāʼīšu abata iškun “he placed a word against his companion”
(MAL A 19).
These various correspondences become more compelling in view of a particu-
lar compositional feature of Deuteronomy. The book appears to have used a
source consisting of casuistic laws dealing mainly with the topic of family and
sexual relations for several of the laws in chapters 21–25.152 Part of this source
was identified by Otto. He noted that various laws from Deuteronomy 21, 22,
and 24 formed a coherent assemblage dealing with these topics. His collections
of laws are listed in column I of table 4.1.153 Rofé observed a slightly larger
group of family and related laws, listed in column II of the table.154 My own
study independently identified a still slightly larger but overlapping group of
laws identified blindly on the preponderance of casuistic formulation in the
third person rather than the topical content of the laws (column III).
Table 4.1: Third-person casuistic law in Deut 21–25 on family, women, and
sexual matters
Topic I. Otto II. Rofé III. Wright
unknown homicide 21:1–9 (possibly)

loved/unloved wives and inheritance 21:15–17 21:15–17 21:15–17
of sons
rebellious son 21:18–21aα 21:18–21 21:18–21
impaling on stake 21:22–23
new wife accused of not being a virgin 22:13–21a 22:13–21 22:13–21
adultery 22:22a 22:22 22: 22
rape in town or open country 22:23–24a, 25, 27 22:23–27 22:23–27
rape of a virgin 22:28–29 22:28–29 2:28–29
divorce and retaking first wife 24:1–4aα 24:1–4 24:1–4
newlywed exempt from military service 24:5
kidnapping 24:7
flogging 25:1–3
levirate marriage 25:5–10 25:5–10 25:5–10
wife’s grabbing genitals of husband’s 25:11–12 25:11–12
opponent
It cannot be a coincidence that when the third-person casuistic material of

column III in table 4.1 is extracted from Deuteronomy 21–25 (and if one is
allowed to omit the apparently extraneous passages on leprosy in 24:8–9 and
Amalek in 25:17–19), the remaining apodictic laws display a rather coherent
development and grouping of themes that complement the thematic develop-
ment and groupings of chapters 12 through 20. This is set out in table 4.2.155
This table is mainly concerned with displaying the data for chapters 21 through
25. There are some short laws that appear to be contextually extraneous in
chapters 12 through 20. These are marked in italicized font.156
The third-person casuistic material extracted from Deuteronomy 21–25 also
happens to cohere thematically. Almost all of these laws deal with family, mar-
riage, or sexual matters in some way (see table 4.1). It is therefore similar to
the content of MAL A. In fact, all of the laws in Deuteronomy that correlate
with MAL A (see previously) happen to be part of this extracted third-person
corpus.
Although various hypotheses might be developed on the basis of these data,
it is reasonable, in view of the larger context of CC’s use of Akkadian sources
and the date and formulation of CC and Deuteronomy, to think that a small
corpus of casuistic law about family, marriage, sexual behavior, and miscel-
laneous matters was created in Israel-Judah on the basis of MAL A somewhere
in the time period from the composition of CC to the formulation of the basic
core of Deuteronomy, to be eventually incorporated into Deuteronomy. To be
more specific, and hence also more speculative, this corpus may have been a
Table 4.2: Thematic outline of Deuteronomy with the third-person casuistic

laws of chapters 20–25 excluded
centralization, cult, and loyalty cultic centralization (12:1–13:1); loyalty to Yahweh (13:1–19);
holiness and skin gashing (14:1–2); dietary laws and holiness
(14:3–21)
calendar and cycles tithes (14:22–29); seventh year (15:1–11); debt servitude
(15:12–18); firstborn (15:23); festivals (16:1–17)
personnel and leadership judges (16:18–20); cultic posts (16 21); blemished animal
(17 1); appeals court (17:2–13); king (17:14–20); priests
(18:1–8); divining and prophets (18:9–22)
killing homicide and asylum (19:1–13); boundary markers (19 14);
witnesses and talion (19:15–21); war (20:1–20); taking captive
woman in war (21:10–14)
ethics (including mixing) returning stray animal (22:1–4); cross-dressing (22:5); mother
bird and young (22:6–7); parapet on new house (22:8); mixing
of kinds of seeds, animals, cloth, tassels (22:9–12); incest with
father’s wife (23:1)
communal/cultic access various people not to enter congregation (23:2–9); exclusion
of impurity in war camp (23:10–15); taking in fugitive slave
(23:16–17); cult prostitutes, bringing their fees to temple
(23:18–19)
ethical-economic law interest prohibition (23:20–21); paying vows (23:22–24); eating
from neighbor’s field (23:25–26); hand mill as pledge (24:6);
garment pledges (24:10–13); paying wages same day (24:14–15);
individual responsibility (24:16); care for immigrant, orphan,
widow (24:17–18); leaving crops for poor (24:19–22); not
muzzling ox in field (25:4); honest measures (25:13–16)
by-product of the creation of CC. Preoccupation with MAL A for a few laws in
CC may have led CC’s formulator(s) to draft a separate text with laws drawn
from MAL A. This text need not have been a formal composition and may
have been a loose collection of materials from MAL A, perhaps written on pot-
sherds.157 The laws of this assemblage may have revised the content of the laws
taken from MAL A, as the laws of CC revise their source materials. (How CC
revised its sources becomes clear in part II of this study.) Other material may
have been included in this casuistic family law collection. Revisions and addi-
tions to what was taken from MAL A would explain some of the differences
between the third-person casuistic corpus extracted from Deuteronomy 21–25
over against MAL A. The supposed corpus of family and related law based on
MAL A was eventually used as a source by Deuteronomy and folded into the
preexisting foundation of apodictic law in Deuteronomy 21–25, as identified
in table 4.2. The laws were inserted at thematically appropriate points in the
apodictic laws.158 This interspersing, though logical from a redactional point
of view, created the confusing sequence of laws in Deuteronomy 21–25. As
the laws based on MAL A were brought into Deuteronomy, Deuteronomy’s

redactors probably revised their wording, just as they had revised the wording
of other sources used in Deuteronomy, including CC and Assyrian treaty. This
introduced still further differences into the third-person casuistic laws over
against their counterparts in MAL A.
This scenario provides a neat solution to why Exodus 22:15–16 and
Deuteronomy 22:28–29 seem to both draw on MAL A 55–56, yet the laws appear
in different Pentateuchal collections. CC used only the seduction law of MAL
A 56 because of its contextual relationship to the slave-wife law of 21:7–11
(explained in chapter 5). The rape law of MAL A 55 was not included in CC
because it was not relevant to the context. CC’s author(s), however, did not leave
the rape law unformulated. According to the hypothesis presented here, it was
inscribed in the side-corpus of family law based on MAL A. From there, it
found its way into Deuteronomy a few decades later. Thus Rofé was essentially
correct when he hypothesized that both Exodus 22:15–16 and Deuteronomy
22:28–29 come from the same source.159 The scenario proposed here defines
what that source was and its relationship to the two collections.
This argument has a certain economy because it requires positing only one
use of MAL A for influences in CC and Deuteronomy. Otherwise, one has to
posit a somewhat more complicated process in which different scribes used
MAL A at different times in the span of the late eighth through the seventh cen-
turies. This argument also helps to make sense of why there are no significant
influences from LH in Deuteronomy. Indeed, it is surprising that Deuteronomy
would use a lesser law collection like MAL A and ignore the many laws from
LH, including family law, not taken up in CC. If Deuteronomy itself is not
directly using cuneiform law, but is dependent upon the rendering of cuneiform
law in CC and the partner text containing family law based on MAL A, the
imbalance in Deuteronomy makes some sense.160
Morrow has critiqued Otto’s thesis that Deuteronomy is somehow depen-
dent on MAL A, arguing that “the MAL cannot have been considered terribly
important . . . because there are no extant copies by NA scribes” and adding that
“if the MAL were not being copied, they were not being transmitted, least of all
to the peripheries of the NA empire,” that is, to Judah.161 The argument of this
study is not that these other texts were known in Judah (or Israel); knowledge
of the laws may have come through scribal training in Assyria. Nevertheless,
one might use Morrow’s argument to say that even in Assyria, the text was not
well known. The evidence just presented alleviates some of the skepticism that
Morrow raises.
CC’s similarities with laws from LE and HtL may be explained by the use of
other minor sources that contained similar laws. That minor collections existed
at this time is verified not only by the Neo-Assyrian attestation of the MAL
A but also by the Neo-Babylonian Laws (the NBL), presumably from Sippar
and dating to the early seventh century BCE. Though this tablet is from south-
ern Mesopotamia, it is within the chronological window proposed for CC. It
appears to have drawn from other sources (note the phrase after NBL 7: “the
law here is not complete and (therefore) not written”).162 This evidence indi-
cates that there was a larger tradition of law collecting and transmission in this
period that archaeology has not fully documented.163
CC’s correlations with laws in LE and HtL, which are attested only in the
second millennium BCE, have been used to argue against CC’s use of LH in the
Neo-Assyrian period and in favor of a theory of oral transmission CC’s laws.164
This argument runs the risk of self-contradiction when it freely assumes the
existence of laws similar to various cuneiform collections in the oral and per-
haps even to some extent the literary traditions of the west in the second mil-
lennium, when there is no specific empirical evidence for such. If one supposes
that laws circulated orally in Syria-Canaan in the Middle and Late Bronze Age
and were transmitted into the Iron Age, one should be able to assume the exis-
tence of miscellaneous legal traditions and sources in the Neo-Assyrian period
in Mesopotamia, the homeland of these laws. The bottom line is that the source
hypothesis offered by this study needs to speculate much less about sources
or traditions than an oral theory. The latter must assume that all of what is
found in CC that matches cuneiform law was circulating orally and then coin-
cidentally came together in the same format as LH. The theory of this study,
especially when MAL A is granted as a source available in the Neo-Assyrian
period, needs to hypothesize about sources for only the laws about an ox goring
an ox (21:35; LE 53), burning a field (22:5; HtL 105–106), and supplementary
influences in the burglary law beyond LH (22:1–2a; LE 13).165
Because we cannot say that CC used LE and HtL, this study will only speak
of CC drawing on sources that had laws similar to those in the known collec-
tions.166 Similar caution will be employed in discussing laws that CC has in
common with MAL A, though, as we have seen, dependence on MAL A itself
is possible.
Specific Possibilities for Dating
The foregoing discussion left open the specific dating of CC and its specific
regional origin. It may be Israelite or Judean. Statistically, there is more chance—
a wider chronological span—for a Judean matrix. Too, if Neo-Assyrian culture
influenced the Judean text of First Isaiah and Judean Deuteronomy (the latter
presumably southern, according to the seventh-century context outlined previ-
ously), then it makes sense to view CC as southern. Yet Morrow’s skepticism
about Judean cuneiform literacy, with his being more willing to acknowledge
literacy in the Israelite kingdom, may be used to point to a northern origin. Of
course, the lack of evidence for extensive Akkadian training in Judah may not
be as significant as imagined in view of the political and cultural influence of
Assyria on Judah generally and the possibility of scribal training in Assyria
itself.
Considering CC as a document in dialogue with its Mesopotamian model

and implicitly with Assyrian power, I see four possibilities for CC’s composi-
tion, the third being the most viable, thus pointing to a date close to 700 BCE:
(1) The author may have been a Judean in the time of Ahaz (c. 742–727). This
king was politically pro-Assyrian, received Assyrian help against his enemies,
and borrowed foreign religious customs (noted previously). CC could have been
written as a symbolic statement in opposition to this policy.
(2) CC may have been composed by an Israelite not long before the fall
of Samaria (722/21) or even shortly after the deportation, suggested by the
evidence of elites from Samaria living near the Assyrian capital and Sargon’s
return of a supervising priest to Samaria (see 2 Kings 17, discussed previously).
(3) The author, a Judean or transplanted Israelite, could have composed the
work during the time of Hezekiah (c. 727–698). This may have occurred in the
anti-Assyrian prelude to Sennacherib’s campaign in 701. Anti-Assyrian senti-
ment set in the context of Assyrian political control might provide the perfect
environment for adopting the suzerain’s “constitution” yet transforming it so
that it expressed the vassal’s nationalistic perspective. Chapter 12 presents evi-
dence that points to composition specifically at the end of or just after the reign
of Sargon II (721–705). This would point to the later part of Hezekiah’s reign.167
(4) It may be possible to propose a date into the early seventh century dur-
ing the apparently pro-Assyrian reign of Manasseh (c. 697–642). This would
be closer to the date in the mid-seventh century of the establishment of
Ashurbanipal’s library at Nineveh, where a number of the Neo-Assyrian text
copies were found. The author in this case would be Judean.168 I would hesitate
dating the text late in Manasseh’s reign, however, because of the need to leave
some breathing space—a couple of generations, perhaps—between the com-
position of CC and the dependent laws of Deuteronomy (later seventh century),
according to evidence and considerations presented in chapter 12. In any case,
we need not suppose that the composition of CC depends on the establishment
of Ashurbanipal’s library in the mid-seventh century. This library resulted
from the recopying, as well as collection, of extant copies of texts. Thus, preex-
isting smaller temple and/or scribal libraries with copies of LH and a few other
texts may have provided the starting point for CC.169
The Unity of the Covenant Code
The hypothesis that the whole of CC depends on LH carries the implication that
CC was produced by one author or a group of similarly minded collaborators
in a relatively short period.170 As noted in chapter 1, most scholarship argues
or accepts the view that the work contains different compositional layers or
additions, which have accrued over a rather long period of time and which are
identifiable by stylistic or logical criteria.171 Yet the similar ordering between
CC and LH logically requires that all the laws in that sequence derive from the
same use of LH. It is unlikely that several editors at different stages of composi-
tion would have inserted new material following the order of LH. In addition,
it is also likely that the other laws of CC that correspond to LH, though outside
the common sequence, were formulated at the same time. Part II shows how
well this nonsequential material has been integrated into the material from the
sequential outline provided by LH; it is not compositionally secondary. It is
further reasonable to assume that the few laws in CC that have counterparts
in other cuneiform collections were also composed at the same time that LH
was used as a primary source; use of these other materials involves the same
techniques of use of sources and textual revision found for the material drawn
from LH.
Part II looks at the issue of redactional development in exploring the com-
positional logic behind the transformations of CC. It shows that the stylistic
inconsistencies and apparent contradictions in the text are actually the result of
combining laws and motifs from different places within LH or from different
sources and the creative revision of those materials. In many cases, when one
realizes that CC has been composed using sources, inconsistencies in CC that
previously looked like evidence for redactional stratification become evidence
for the dependence of CC on those sources.172 Chapter 13 reprises the general
evidence for the unity of CC.
Conclusion
To this point, this study has looked at the broad picture of evidence to get a
general sense of the relationship of CC to its cuneiform sources. It has deter-
mined that there is substantial and sufficient evidence that demonstrates that
CC is directly dependent on LH and miscellaneous cuneiform sources and that
this dependence took place in the Neo-Assyrian period sometime between 740
and 640 BCE and perhaps close to 700. This hypothesis is the most compelling
explanation for the extensive similarities between CC and LH and other cunei-
form sources now visible. Other explanations, as reviewed and critiqued here,
have operated on a lesser body of data and, therefore, have not needed to be
very concrete. But now the most widely accepted conjecture—that similarities
are due to oral tradition, perhaps augmented by the use of incidental short texts
with one or a few laws—is incapable of making sense of the pervasive similari-
ties between CC and LH. Other theories, such as coincidence, oral transmis-
sion, or mediation through an unknown Northwest Semitic law collection, are
similarly unable to explain the textual similarities.
Unfortunately, we do not have direct evidence—such as a tablet with
Hammurabi’s or other cuneiform laws from Israel or Judah dating to the
Neo-Assyrian period, or an Akkadian scribe who is definitively identifiable
as Israelite or Judean—that Israelite or Judean scribes knew LH and other
Akkadian law texts in this period. Perhaps if we did, the question of CC’s
dependence on Akkadian sources in the Neo-Assyrian period would have

been decided already. Nevertheless, there is considerable indirect evidence that
some Israelite and Judean scribes must have been literate in Akkadian at this
time. Rather than rejecting the possibility that CC’s author(s) could have known
Akkadian, it seems that the similarities between CC and LH become evidence
in this context that, indeed, some Israelite or Judean scribes had a fairly deep
knowledge of Akkadian. We do not need to posit a large number of such scribes
with such abilities. It takes only one, though if one scribe received such an edu-
cation, perhaps a few others were similarly trained. Furthermore, this training
need not have taken place in Israel or Judah; it could have been provided in the
Assyrian homeland. The idea of creating CC could have been born there.
These conclusions about the sources and date of CC set the stage for part II
of this study, which examines the manner in which CC transformed its sources
to create its new legal text. This provides further evidence for CC’s depen-
dence on cuneiform sources. This examination shows that CC’s engagement
with its sources was not casual but intimate. This precludes a theory that CC
was influenced by way of an Assyrian informant who conveyed the details of
Hammurabi’s and other texts to an Israelite or Judean writer, in summary form
or by the oral performance or recitation of the texts in translation. The writer(s)
of CC knew the Akkadian sources and considered and responded to the details
of their wording. This dependence on Akkadian sources, of course, raises the
question about the nature and purpose of CC.
Appendix: Old Babylonian, Middle Babylonian, Middle

Assyrian, and Neo-/Late Babylonian Copies of LH
This appendix summarizes the textual attestation of tablets of LH in periods

other than the Neo-Assyrian. The Latin sigla are from the lists in Borger, Roth,
and Levinson; the Greek are mine.173 Less detail is included about these texts
because they are less central to the thesis of this study. However, these data put
the Neo-Assyrian textual evidence in the larger historical context of the use
and attestation of the text.
From the OB period itself (1950–1530 BCE) come the main Louvre Stela174
and fragments of three or more similar monuments that originally had the com-
plete text: d, g, K, Q, R,175 h, M, U. In addition, the OB period attests the fol-
lowing clay tablets: A (original extent: just the prologue, though the tablet is
connected to the laws as part of a series by the catchline šumma LÚ awīlam
ubbirma “If a man accuses [another] man,” referring to LH 1; this text has
some small but significant variants to the Stela);176 r (original extent: LH 1 to
c. 68+b; the colophon identifies the content as the imdat ammurabi “law(s)
of Hammurabi,” which may indicate that the series to which this tablet belongs
did not contain the prologue and the epilogue,177 but this is not absolutely clear
because the similar title dīnāni ša ammurabi “laws of Hammurabi” is used of
the series that includes the prologue [LB text C, later]); S (original extent: from
c. LH 68+b to 162; portions of all 12 columns of this tablet are preserved); t
(original extent: it ends with LH 126 and begins before 106, though how much
before is not clear; the colophon identifies this as a second tablet in a series; it
also includes a catchline to LH 127, which begins the next tablet in the series);178
Y (original extent, if a 10-column tablet, 5 cols. each side: somewhere between
the ranges of LH 119–175 or 132–182); p (original extent: LH 194 or before to
about 275 or after). The following OB texts appear to be short extracts: O (LH
45–47); X (LH 153–158); q (LH 273–277). Fragments u, w, y are unpublished,
and their extent cannot be judged.179
After the OB period, only clay tablets are found. For the MB period, the
following texts are attested: V (possibly OB; original extent: LH 145–179; law
147 is omitted; this 10-column tablet is one of the most intact; the colophon
identifies it as a fourth tablet in a series, with series name inu Anum īrum, the
first line of the prologue);180 a (original extent: c. LH 170–241). Short extracts:
I (only LH 7);181 N5489 (perhaps part of LH 1).182
The following Middle Assyrian (1500–1000 BCE) texts are attested: E (origi-
nal extent: prologue only); F (original extent: last third of the prologue through
about LH 8; E. Weidner says this “dürfte also die zweite Tafel einer Serie gewe-
sen sein, die das ganze Gesetzbuch in Abschrift bot”;183 it would take 17 similar
tablets to contain the entire Stela text); G (original extent: LH 1 to c. 13; the
amount of text contained on the tablet would be similar to F); H (only part of
LH 5 remains; too fragmentary to judge).
The following are Neo-Babylonian (1000–625 BCE), probably mostly Late-
Babylonian (625 BCE and thereafter) texts.184 I list the manuscripts first because
this expands the lists in Borger and Roth. B (BM 34914), C (BE 35271), W
(VAT 991), Z (VAT 1036), s (U 13622), v (BM 59739), β (BM 54795), γ (BM
57873), δ (BM 59776), ε (Sippar 3/2166, published by Fadhil), and one unpub-
lished prologue text from Sippar mentioned by Fadhil.185 The estimated scope
of each of these texts is as follows: B (original extent: prologue only; Wiseman
allows for it being part of a series; this has significant variations from Stela
I 1–17);186 C (original extent: prologue only, but the colophon calls the work
dīnā[ni ša LUGA]L Ia[m]m[u]r[abi] “the laws of Hammurabi,” which indi-
cates it is the first of several tablets containing laws, not just the prologue;187 cf.
the colophon to NA text e [see previously]); W (original extent: from LH 147 to
172 or beyond, depending on the number of tablet columns); Z (original extent
is not clear; only LH 171 attested); s (original extent: from c. LH 52–65 plus
several into the missing portion of Stela, a total of about 3 columns of Stela
text; for tablets with a similar amount of text in a series, see MA texts F and
G); v (unpublished and otherwise undescribed; its extent cannot be judged); β
(according to Leichty, this contains “CH § 53 (XV 7–20) 7–14”);188 γ (accord-
ing to Leichty, this contains “CH § 49f.”);189 δ (contains end of LH 275 through
277 in the last column of the reverse; Sollberger estimates that this is a quarter
of the text,190 which means the tablet could not have contained the rest of LH
through law 282; therefore, this is either a scribal exercise or extract, or it is

part of a series whose next tablet would have finished the laws and gone on to
the epilogue; the fragment is apparently from the Late Babylonian period but
written in OB lapidary script on clay);191 ε (original extent: prologue only; 8
columns, each with up to 40 short (i.e., stela-length) lines; its colophon gives
the first lines of LH 1, indicating that this tablet is the first of a series; the
colophon further indicates that the tablet was copied, directly or ultimately,
from a stela version of the text, which Fadhil suggests may have existed in the
Shamash temple at Sippar where the tablet was found).
PART II
THE COMPOSITIONAL LOGIC OF THE
COVENANT CODE
This part of the study assumes that CC is dependent directly upon LH and
other cuneiform sources. In essence, it provides a commentary on the whole of
CC from this generative context. It basically seeks to show how CC “got here
from there”—how it retooled its sources to create a new legal and, perhaps
more important, ideological expression. Without doubt, LH for its part is an
ideological document. Its casuistic laws are ensconced in a genre that exalts the
king and exults in him. It will become clear that CC did not fail to take notice
of this intent in its source and imitated it for its own political ends. Therefore,
to read CC simply as repository of law is to misunderstand its goal. And this
would also be to misunderstand its content. CC achieved its ideological aim,
not through compiling its own native legal customs, but by drawing from the
substance of its sources and revising them. Hence it is primarily an academic
work, with a critical bent. It sought out problems—inconsistencies and conun-
drums—and solved them to provide, from its relative point of view, a more
logical and reasonable body of legislation. This correlates with its revision of
the socio-theological depiction of law giving, where it replaced Hammurabi
as law composer with Yahweh as law revealer. CC used the symbols of its
overlords to create an alternate and competitive reality to counter the effects of
Assyrian imperialism.
The description of the compositional logic in this part of the work neces-
sarily involves some speculation. We do not know the mind of CC’s author or
authors, and despite the fact that we can operate on a more empirical basis,
121
122 Inventing God’s Laws
having in front of us in most cases CC’s source text, we do not know exactly
what auxiliary sources, traditions, or considerations were influential. Part II
is essentially an act of historical reconstruction, what historians do to cre-
ate a narrative out of disconnected data. The reconstruction pursued here is
really what is attempted in all scholarly analyses, be it an analysis of the dif-
ferences between Deuteronomy and CC or even between one part of CC and
another, where a later text or stratum is thought to grow out of an earlier one.
Nevertheless, we will see certain regularities in the techniques presumably
used in CC’s reconfiguration of the sources. This indicates that we are probably
on the right track in describing the processes involved in the creation of CC.
This being said, we should be aware that the necessarily complex analyses
in the following chapters do not mean that CC actually performed the specific
operations of textual reading and referencing described here to produce its text.
CC was apparently quite familiar with LH and auxiliary sources. A law in CC
that shows influence from multiple Akkadian laws and displays the technique
of cross-referencing from one part of LH to another or to another source may
have been created by an ability to call upon other legal motifs and laws through
an intimate familiarity with the sources. It may not have been necessary for CC
to manipulate and inspect tablets or other texts for every influential motif. The
detailed analysis that follows, therefore, does not seek to definitively describe
the creative process; rather, it seeks to uncover the single or multiple influences
in the various laws. When a law or series of laws has close correlations with LH
or another source, we can imagine that CC has actually referenced its source.
When a law or series of laws has loose associations in isolated motifs, we can
imagine that CC has drawn upon its general knowledge of its sources without
necessarily turning to them.
Chapters 5 through 10 deal first with the casuistic laws. These chapters basi-
cally take the text in order, section by section, as is evident in the titles of the
chapters. Chapters 11 and 12 treat the apodictic laws. These chapters, in contrast
to those on the casuistic laws, approach the apodictic laws by themes because
their topical arrangement, as chapter 3 has shown, is cyclical rather than linear.
The discussions in all of chapters 5 through 12, in addition to describing the
meaning of the laws, pay attention to questions of possible redactional develop-
ment and the academic nature of CC formulations and bring existing critical
scholarship into dialogue with the conclusions of this study.
A perspective to bear in mind as the following chapters proceed is that even
though this part of the study begins with the casuistic laws and devotes several
chapters to analyzing them, they do not have primacy over the apodictic laws.
Chapters 11 and 12 demonstrate that the apodictic laws express the ideological
concerns of the composition more directly than the casuistic laws and therefore
should be viewed as conceptually primary. To focus solely on the casuistic laws
as the essence or heart of CC is an analytic misstep.
5
Debt-Slavery and the Seduction of a
Maiden (Exodus 21:2–11; 22:15–16)
The Covenant Code’s casuistic laws begin with an extensive series of laws on
the topic of debt-slavery (Exodus 21:2–11). They divide into two parts, verses
2–6 on a male debt-slave and verses 7–11 on a female, specifically, a daugh-
ter debt-slave. The two parts are nearly equal and symmetrical. Both sections
begin with the conditional conjunction ‫“ כי‬if” (vv. 2, 7) and are followed with
four subcases marked with the subordinate conjunction ‫“ אם‬if” (vv. 3a, 3b, 4, 5;
8, 9, 10, 11). Furthermore, the law about the daughter is structurally and even
conceptually the inverse of that of the male. The law about the male begins with
a case that allows him to go free and ends with one that requires his permanent
servitude; the law about the daughter begins with a case where she is perma-
nently enslaved and ends with one where she goes free.1
This, however, accounts for only part of the creative character of these laws.
As much as the structure, their content is equally a product of compositional
imagination. As this chapter shows, CC took LH 117 as the foundation for each
of the main subdivisions of verses 2–11. But seeing a number of latent questions
in that source law, it added rules derived mainly from other unrelated laws in
LH and, in one case, learned from a law similar to one found in MAL A. CC
thereby created a novel series of laws on debt-slavery that is more compre-
hensive than what is found in Hammurabi’s legislation. This revision and the
placement of the slave laws reflect a goal that goes beyond a desire merely to
write law.
123
124 The Compositional Logic of the Covenant Code
The Basic Laws (21:2, 7)
The initial verses of the two subsections of the debt-slave law (21:2 and 7) are
legislatively parallel, each setting down similar yet alternate cases.2 These two
verses are based on LH 117:3
Exodus 21:2, 7 LH 117

2
If you acquire a Hebrew slave, he If an obligation has come due for a
shall work for six years. In the sev- man, and he sells his wife, son, or
enth he shall go free, without further daughter, or he gives any (of them)
obligation. (alternatively: he surrenders him-
... self)4 for dependent debt-servitude,
7
If a man sells his daughter as a slave- they shall work in the house of their
woman, she shall not go free as male buyer or creditor for three years. In
slaves go free. the fourth year their freedom shall
... be effected.
‫כי תקנה עבד עברי שש שנים יעבד ובשבעת יצא‬2 šumma awīlam e’iltum ibassūma
‫לחפשי חנם‬ aššassu mārāšu ū mārassu ana
... kaspim iddin ū lū ana kiššātim ittandin
‫וכי ימכר איש את בתו לאמה לא תצא כצאת‬7 šalaš šanātim bīt šāyimānīšunu u
‫העבדים‬ kāšišīšunu ippešū ina rebûtim šattim
... andurāršunu iššakkan
CC keeps the essential formulation of the protasis from LH 117 for verse 7:
“If a man sells his daughter” (‫ )וכי ימכר איש את בתו‬vis-à-vis “If . . . he (a man)
sells his daughter” (šumma . . . mārassu ana kaspim iddin). It made a signifi-
cant alteration, however, in verse 2 by converting an idiom meaning “to sell”
(ana kaspim nadānum; literally, “to give for silver”)5 with a third-person verb
to a second-person form of the verb “to buy” (‫)קנה‬.6 CC’s revision in verse
2 sought to provide a bridge to the preceding altar laws in 20:24–26 (on the
originality of the altar laws, see later in this chapter and chapters 11–12).7
These laws have a second-person singular formulation directed at the national
community.8 Use of a second-person verb in 21:2 continues this audience of
address. Furthermore, the use of a verb of acquisition in 21:2 instead of sell-
ing allowed the law to be addressed to the economically able and thus the
presumed majority in society, rather than to the weak and minority members
of society. To begin the law with “if you sell yourself” might send the wrong
political message, especially at the beginning of the casuistic laws. As we
will see, CC is concerned about political messages. The revised formulation
of 21:2, addressed to the whole community, further acts as a heading to all
of the casuistic laws in 21:2–22:16 and orients them to this audience, even
though those laws, for the most part, have the third-person style of cuneiform
case law. The occasional use of the second person in CC’s casuistic laws is
Debt-Slavery and the Seduction of a Maiden 125
generally for emphasis and is consistent with the communal orientation of the
introductory second person in 21:2.9
Even though LH 117 does not use the verb to buy in its protasis, the Akkadian
law still provided a stimulus for this verb in 21:2. The apodosis in Hammurabi’s
law speaks about a “buyer” (šāyimānum) in whose house the debt-servant
works. Thus LH presumes an act of buying that complements the sale—the
actions are two sides of the same transactional coin. CC has chosen to front
the concept of buying in 21:2 so that it could orient the law to its audience, as
described before.10
Other laws in LH may have influenced CC’s verb choice. The protases of LH
278–280 describe the acquisition of a slave in terms similar to CC’s wording:
“If a man buys a male slave or female slave” (šumma awīlum wardam amtam
išām/ištām; LH 280 is cited in full later). Though these laws appear at the end of
the collection, far from LH 117, they were probably known to CC, given other
influences from the group of slave laws in LH 278–282. As we will see later,
LH 282 lies squarely behind verses 5–6. Moreover, LH 280–281 may have
also provided further contextual material for some of the details in verses 5–6.
Given CC’s knowledge of these concluding slave laws, one can imagine that
the noun šāyimānum “buyer” in LH 117, the same root at the verb šâmum “to
buy” in LH 278–280, provided a conceptual cross-reference to and justification
for using the basic idiom “if a man buys a slave” from LH 278–280, though
with conversion of the verb to second person. That CC could use the chattel-
slave laws of LH 278–282, along with the debt-servant legislation of LH 117, in
the same prescription is due to CC’s conflation of laws about the two types of
enslaved persons elsewhere in its legislation (discussed later and in chapter 6).11
Some have suggested that the protasis in 21:2 originally had a third-person
verb (“If a man sells himself . . . ” ‫ כי יִָמּכֵר איש‬or “If a man acquires” ‫)כי יקנה איש‬12
and that this was later changed to a second-person formulation with the pre-
sumed addition of the altar laws in 20:24–26.13 The evidence of the present
study demonstrates that this textual development is unlikely. The altar laws
were part of the original formulation of CC. These laws depend on the injunc-
tive style and sequence of themes in the exhortatory block of the epilogue of
LH and also reflect the emphasis on cultic matters found in the prologue, as
described in chapter 3. It is reasonable to assume that everything in CC that
depends on LH for its structure, themes, or wording derives from the same
basic compositional act (see chapters 4 and 11). Therefore, both the altar and
debt-slave laws must have arisen together.
The change of verb from sell in LH to buy in CC’s verse 2 brought with it
the designation of the acquired person as a “Hebrew slave” (‫)עבד עברי‬.14 The use
of the term slave (‫ )עבד‬is partly the result of CC’s conflation of chattel-slaves
and debt-servants in LH (see chapter 6). CC uses the term to refer to both types
of subjected individuals. Our immediate concern is the adjective “Hebrew.”
A number of scholars have argued that this is to be connected with the term
ab/piru found in various cuneiform texts from the second millennium BCE.15
In these texts, the term refers to persons of a socially marginal group. Persons
so designated at Nuzi, for example, could enter into service contracts to gain
economic security in a way similar to the arrangements described in 21:2–6.
Connecting the adjective “Hebrew” with ab/piru would allow seeing the bib-
lical term in CC as a reference to impoverished foreigners on the margins of
Israelite/Judean society, a specific class of impoverished or marginal people
within Israelite/Judean society, or the poor within Israelite and Judean society
in general, depending how the comparative evidence is applied. A socioeco-
nomic interpretation along these lines is actually very attractive for the thesis
of this study. The “Hebrew,” defined in one of these ways, would complement
the various classes of the poor mentioned in the final apodictic laws, including
the immigrant, widow, and orphan (22:20–21; 23:3, 6, 9, 11, 12).
It is doubtful, however, that the Hebrew gentilic adjective is anything other
than a description of the native nationality of the slave.16 Its use has become
necessary with the shift of the verb from sell to buy. The term ‫ עבד‬in CC,
left undefined, could refer to a debt-slave or a chattel-slave (see later). If the
adjective were omitted, the law would require the release of any slave, includ-
ing chattel-slaves.17 The adjective limits release to slaves of the same ethnic
group as the native buyer, meaning that these are temporary debt-slaves. The
adjective also means that the legislation allows otherwise for the permanent
holding of chattel-slaves, presumably of foreign origin. This is consistent with
the source law, LH 117, where the debtor and creditor are presumably from the
same national group. This argument demonstrates further that the adjective
cannot be considered a later addition, as thought by some.18
The case about the daughter in verses 7–11 supports this understanding. The
father and the daughter whom he sells presumably belong to the same social
group to whom CC’s laws are generally addressed, namely, the people of Israel.
The parallelism between the cases of verses 7–11 and 2–6—note especially the
phrase “she shall not go free as male slaves do” (v. 7) that draws a correspon-
dence between the two laws—indicates that the ethnicity and social status of
the male slave must be the same as the father and daughter in verses 7–11. This
points to a meaning “Israelite” for the adjective “Hebrew” in v. 2. The reason
why v. 7 does not include the adjective “Hebrew” for the daughter is because
her ethnicity is clear by the description that she is sold (‫ )מכר‬by her father. If the
wording were like v. 2, then we would expect the gentilic adjective (e.g., “If you
acquire a Hebrew female slave . . . .”)
The date of CC also leads one away from a ab/piru hypothesis. The con-
nection with this term has been facilitated by the assumption that CC is early.19
This study sees CC as significantly later, perhaps only a generation prior to
Deuteronomy, which itself dates to the seventh century BCE. Deuteronomy
appears to use the adjective in a nationalistic sense in its debt-slave law, which
is based on CC: “If your brother—a male or female Hebrew—sells himself to
you . . . ” ( . . . ‫ ;כי ימָכר לך אחיך העברי או העבריה‬15:12). Deuteronomy presumably

maintains the meaning of the term in CC.
That ‫ עברי‬in CC is an ethnic reference is indicated further by usage else-
where in the Bible, where the term refers to members of the Israelite and
Judean national group and their ancestors.20 Although some appearances of
the term seem to denote people living on the margins of society or of a lesser
class (e.g., Gen 14:13; 39:14; 41:12),21 the context of many of these cases shows
that it marks ethnicity, not a socioeconomic status. It applies to the people of
Israel and Judah but also includes the earliest traditional ancestors, including
Abraham. CC may have chosen the term for its archaizing force, much like the
term chieftain (‫ )נשיא‬for the king in 22:27. This suits the pseudonymous intent
of CC, to portray the law collection as a revelation spoken by Yahweh to Moses
early in Israel’s history.
Though CC alters the protasis of verse 2, as observed previously, its apodo-
sis in verse 2aβb follows the same basic formulation as LH 117, which says that
the individual works for X years with freedom granted in the next (read left to
right):
six years he shall work in the seventh he shall go free,
without further
obligation
‫שש שנים‬ ‫יעבד‬ ‫ובשבעת‬ ‫יצא לחפשי חנם‬
three years in they shall work. in the fourth year their freedom shall
the house of be effected
their buyer or
creditor
šalaš ippešū ina rebûtim šattim andurāršunu
šanātim bīt iššakkan
šāyimānīšunu
u kāšišīšunu
Of particular note is that verse 7a, the protasis of the daughter law, along with
verse 2aβb, the apodosis of the male debt-slave law, represents the entire core
formulation of LH 117: “if a man sells [family member], he shall work X years
and receive freedom in year X + 1.” This is similar to other correlations between
CC and LH, such as in the goring ox law, which preserves core legislation and
wording from LH, but embellishes it and thereby transforms its sense.
The major change in the apodosis of verse 2 is lengthening the period of ser-
vitude to six years—double the period found in LH—with a grant of freedom
in the seventh.22 This change was probably made to accord with the numerical
pattern of the laws about seventh-year produce and seventh-day rest in the final
apodictic laws (23:10–11, 12).23 One might even go as far as to say that this
reconfiguration is partly a function of making Yahweh the author of the laws,
imposing divine sacral time on the periodicity of debt-slavery.24 The syntax of

those laws closely follows that of the debt-slave law in 21:2, and hence that of
LH 117:
21:2b Six years he shall work; in the seventh he shall go free without further
obligation.
‫שש שנים יעבד ובשבעת יצא לחפשי חנם‬
23:10–11 Six years you shall sow your land and gather its produce; the seventh
you shall let it drop and leave it.
‫ושש שנים תזרע את ארצך ואספת את תבואתה והשביעת תשמטנה ונטשתה‬
23:12 Six days you shall do your work; on the seventh day you shall rest.
‫ששת ימים תעשה מעשיך וביום השביעי תשבת‬
The major difference between the formulation of 21:2 over against 23:10 and 12
is that 21:2 has a protasis that sets up the condition for the apodosis. The laws of
23:10 and 12 are apodictic regulations—effectively apodoses without precon-
ditions set up by protases and with second-person formulation. This similarity
is an indication that the two styles are not as incommensurate as is generally
argued. In any case, there is a reciprocal relation between 21:2 and 23:10–12:
the seventh-year and seventh-day laws influenced the time limit for debt servi-
tude, but the syntax of the debt-servitude law, based on LH 117, influenced the
syntax of the seventh-year and -day laws. In view of this, one may wonder if the
language and syntax (though not the custom) of the Sabbath laws in the Bible
(as in the Decalogue: “six days you shall work . . . but the seventh is a Sabbath
for Yahweh”) ultimately go back via CC to the syntax of Hammurabi’s debt-
servant legislation. If not, one has to imagine that native idiom here intersects
with Hammurabi’s prescription for the duration of debt-servitude.25 For the
connections between the debt-slave and seventh-year and -day laws in regard
to the theme of poverty, see later in this chapter on the position of 21:2–11 in the
casuistic laws and chapter 11.26
LH 117 contains some details about the economic situation behind servitude
not found in Exodus 21:2–11. It says that a financial obligation (e’iltum) has
come due for a man (literally, it “seized” him)27 and that a man sells his family
member to a buyer or gives them (or surrenders himself) for kiššātum to a per-
son called a kāšišum. The case described by selling to a buyer may be a simple
case of distraint (nipûtum), as presented in LH 116.28 A case of kiššātum may
be similar but involve a more severe type of servitude, a servant-master rela-
tionship instead of a simple debtor-creditor relationship.29 CC lacks such detail.
Nevertheless it is reasonable to think that CC presumes a case of indebtedness,
the assumption of the analysis to this point.30 When CC takes over and revises
the legislative detail of LH 117, it does not introduce data that point to a differ-
ent economic dynamic.
The laws about the poor in the first string of the final apodictic laws (22:20–
26) may provide commentary on the situation in 21:2–11, especially when they
are recognized as arising from the same compositional process.31 They prohibit
acting “like a creditor” (‫ )כנשה‬when making what can be understood as a sub-

sistence loan to the poor (22:24a). This is glossed by the prohibition not to exact
interest (v. 24b). Debt-slavery in 21:2–11 can be viewed as arising from default
on such loans. Indeed, the poor listed in 22:20–26—the immigrant, widow,
orphan, one who must take a subsistence loan, and one who has nothing to
give as a pledge save a garment—are individuals one catastrophic event short
of falling into debt-slavery. Thus the laws about the poor in string I (22:20–26)
are conceptually connected to the laws about debt-slavery in 21:2–11, as are the
laws about the poor in string II (i.e., 23:10–12). The significance of placing laws
on the poor at the beginning of the strings and at the beginning of the casuistic
laws is discussed later in this chapter.32
Exodus 21:2 shows a number of other minor variations with respect to LH
117, two of which require comment here. The phrase describing the grant of
freedom in the two clauses is different. CC says that the person “in the sev-
enth (year) goes free (‫)יצא לחפשי‬.” Along with the argument that the adjec-
tive “Hebrew” is to be defined by ab/piru, some have thought that the term
‫“ חפשי‬free” refers to a particular class of persons, who have a particular status
or economic obligations, suggested by the term upšu in second-millennium
cuneiform documents from Mesopotamia, Syria, and the Amarna texts.33 But
this sociological interpretation does not fit other cases of the Hebrew adjective
where it apparently means simply “free.” The adjective indicates separation or
independence in Isaiah 58:6; Psalm 88:6; and Job 3:19; 35:5.34 Furthermore, the
sociological interpretation does not fit the verb and noun from the same root
found in Leviticus 19:20, which refers to an act or state comparable to redemp-
tion. This releases the slave-woman (described as a ‫ )שפחה‬from servitude. As
in the case of the adjective ‫“ עברי‬Hebrew,” the distance of CC from the sec-
ond millennium also makes an interpretation of ‫ חפשי‬based on the sociologi-
cal picture of that earlier period less likely. If a cuneiform text should guide
the interpretation, it should be the phrase “their freedom shall be effected”
(andurāšunu iššakkan) in LH 117. Being ‫ חפשי‬is like obtaining andurārum. The
use of Hebrew ‫ דרור‬in Jeremiah 34:8, 15, 17, the cognate of andurārum, along
with ‫ חפשי‬there (vv. 9–11, 14, 16), shows the comparability of the terms, apart
from an argument for CC’s dependence on LH 117.
Though the meaning of CC’s description of freedom is similar to that in LH,
its specific formulation may heighten the agency of the debtor.35 The release
described passively in the Akkadian can be understood to come about by the
action or decision of the creditor or an undescribed process. In CC, the debtor
is the subject of the verb of separation. It looks as though he can merely walk
away. Moreover, the agency of the slave in CC in the release clause can also
be read to contrast with the agency of the creditor introduced in the protasis:
“you,” the creditor, “acquire,” but “he,” the slave, “goes free.”36
CC adds the phrase “without further obligation” (‫ )חנם‬at the end of its basic
law in verse 2. This does not contradict LH. CC may have added this to empha-
size the finite obligation in contrast to the added possibility of permanent
slavery that is raised in the next verses. There is no continuing economic obli-
gation that might give the creditor reason for keeping the debt-slave in custody.
Permanent servitude must be wholly the Hebrew’s choice made on an entirely
different basis—that is, love of his master and family (see vv. 4–6).37
The Daughter Debt-Slave and Seduction Laws

(21:7–11; 22:15–16)
Although the apodosis of the male slave law in 21:2 follows the syntax and pre-
scriptive essence of LH 117, as noted before, the apodosis of the female slave
law in verse 7, “she shall not go free as males slaves do,” has no counterpart
in LH.38 This stricture, along with the isolation of a law regarding a daughter
alone, rises from a problem inherent in LH 117. Though the Akkadian law
does not define the status of a daughter who is sold to pay off a debt, only a
daughter under the full control of her father would qualify as a candidate. This
would chiefly be, from a default perspective, an unbetrothed daughter, though
a divorced or widowed daughter who has returned to live with her father might
also be a candidate. In contrast, a betrothed daughter and, obviously, a mar-
ried daughter could not be surrendered by their father as they are attached
legally to other men.39 But if an unbetrothed daughter entered into servitude,
especially for a period as long as six years, as CC has written the prescription
for the male in verse 2, her creditor would probably take advantage of her
sexually.40
CC presumably recognized this problem and imposed a solution based on
MAL A 55–56 (or at least laws similar to these from an unknown collection;
for MAL A as a possible source for CC, see chapter 4):41
55
[If a] man seizes a maiden by force and rapes her—a maiden [who lives
in the house of h]er father [ . . . ] who is not asked for,42 whose [wom]b(?) is
not opened, who is not married, and against whose father’s house a claim
does not exist—whether in the middle of the city, in the open country,
at night in the street, in a grain-store, or in a city festival—the father of
the maiden shall take the wife of the one who had intercourse with the
maiden and give her for raping. She shall not return to her husband. He
takes her. The father shall give his daughter who had intercourse to the
one who had intercourse with her in marriage-like dependent protection.
If he does not have a wife, the man who had intercourse shall give to her
father threefold the silver that is the price of the maiden. The one who had
intercourse with her shall marry her. He shall not constrain/reject (?) her.
If her father is not willing, he shall receive the threefold amount of silver
for the maiden and give his daughter to whomever he desires.
56
If the maiden gives herself to the man, the man shall swear (to this
effect). They shall not approach his wife. The one who had intercourse
shall pay the threefold amount of silver that is the price of the maiden.
The father shall do with his daughter as he desires.
55
[šumma a’ī]lu batulta [ša ina bēt a]bīša [usbu]tūni [ . . . ] ša lā ūtarrišūni
[puš]qa(?) lā patteatūni lā aazatūni u rugummānâ ana bēt abīša lā
iršiūni a’īlu lū ina libbi āle lū ina ēre lū ina mūše ina rebēte lū ina bēt
qarīte lū ina isinni āle a’īlu kî da’āne batulta ibatma umanzi’ši abu ša
batulte aššat nā’ikāna ša batulte ilaqqe ana manzu’e iddanši ana mutīša
lā utârši ilaqqēši abu mārassu nīkta ana nā’ikānīša kî auzzete iddanši
šumma aššassu laššu šalšāte kaspe šīm batulte nā’ikānu ana abīša iddan
nā’ikānša iassi lā isammakši šumma abu lā adi kaspa šalšāte ša
batulte imaar mārassu ana ša adiūni iddan
56
šumma batulta ramanša ana a’īle tattidin a’īlu itamma ana aššītīšu
lā iqarribū šalšāte kaspe šīm batulte nā’ikānu iddan abu māras[su] kî
adiūni epp[aš]
According to these laws, a man who has forced or persuaded an unbetrothed

virgin to have sex with him must marry her.43 Employing the logic of such leg-
islation, CC telescoped the affair and prescribed directly that the creditor (or
his son) is to marry the daughter.44
That MAL A 55–56 or similar laws were a consideration for CC is evident
in its inclusion of a version of the law in 22:15–16:45
22:15
If a man seduces a maiden who is not betrothed, and he lies with her,
he shall acquire her as a wife by paying the bride price. 16If her father
refuses to give her to him, he shall (still) weigh out silver as the bride
price of maidens.
‫אם מאן‬16 ‫וכי יפתה איש בתולה אשר לא ארשה ושכב עמה מהר ימהרנה לו לאשה‬15
‫ימאן אביה לתתה לו כסף ישקל כמהר הבתולת‬
CC placed its seduction law near the end of its casuistic law not merely because
it deals with compensation for damaged property, the theme of the immediately
preceding verses (21:37–22:14).46 It is placed there because it comes from a
source other than LH and is therefore given a subsidiary location in the col-
lection. CC includes only the case of seduction (= MAL A 56) because the
creditor’s sexual conquest of the woman would probably be through persuasion
and not overt force. CC reduced the penalty, probably because turning the wife
of the rapist over to the victim’s husband for raping was a form of vicarious
punishment, which CC otherwise rejects.47 It also rejected a threefold payment,
since this is a replacement for a case where the assailant does not have a wife to
be given for raping. Moreover, that CC is concerned to provide the basis for its
law about an unbetrothed daughter given in debt-slavery in appending 22:15–16
explains why CC does not include other laws about illicit sexual intercourse,
such as adultery and rape.48 The derivation of 22:15–16 from an apparent cunei-
form source, its providing a justification for 21:7–11, and the logic explaining
its placement outside the main template provided by LH demonstrate together

that it is original to CC’s basic composition.49 That is, its subsidiary position
with respect to the primacy of the template provided by LH ties it to the com-
positional act that involves the use of LH.50 In other words, it is not an addition,
only a footnote.
MAL A 55–56 can apply analogically to the woman of 21:7–11 because she
has a status of a slave wife.51 Her relationship to the creditor is not stated or
even implied in the basic law of verse 7, probably because the following verses
allow her to marry either the creditor (vv. 8, 10–11) or his son (v. 9). That she
is a wife to one or the other of these males becomes visible only in the ensuing
verses, which speak of the creditor designating the woman for himself or for his
son (vv. 8–9, to be explained later) and of the creditor taking another woman
in marriage, implying that the creditor has a similar relationship to the first
woman (vv. 10–11). Yet the woman, though a wife, is in a state of servitude.52
This is indicated by her being sold and the description of her status by virtue
of this transaction “as a slave woman” (‫ ;לאמה‬v. 7).53 The law also speaks about
her going free or not going free: when she enters the relationship, she is not to
be freed as male slaves (v. 7b); if her husband/creditor does not support her,
she may leave, described with the verb for the release of slaves used in verses
2–6 and 26–27 (v. 11). These are concerns only if she is a slave. In addition,
her creditor is called her master (‫ ;אדן‬v. 8), the same term used of the master of
the male slave in verses 2–6. The main evidence that others adduce for think-
ing that the woman is a free wife is the rule in verse 9 that she is to be treated
“according to the rule for daughters” when given to the creditor’s son. But, as
we see later, this does not mean that she is free; it is a prohibition against the
father-in-law’s incest with the daughter-in-law. When married to the son, the
woman is still a slave, a reason that the creditor might think he could still have
sex with her.54 Further, CC has conflated chattel- and debt-slave legislation and
categories in its other slave laws (primarily visible in 21:20–21, 26–27). These
laws refer to a male slave and female slave together (‫ עבד‬and ‫)אמה‬. It is reason-
able that these two terms include the male debt-slave of verses 2–6 and the
female debt-slave of verses 7–11. If, for example, the creditor-husband were to
hit his debtor’s daughter taken as a wife and put out her eye or knock out her
tooth, the law of 21:26–27 would apply, and she would be released—an auto-
matic divorce, as it were.
The sale of a daughter as a slave wife in 21:7 is handled differently from the
procedure in 22:15–16. The surrender of the daughter in 21:7 is initiated by the
father as opposed to arising from seduction. Therefore, the possibility of the
father’s refusal does not apply in verse 7. Furthermore, verse 7 does not require
the payment of a bride-price as does 22:15–16. Remission or partial remission
of the debt would probably have been considered the payment of this sum.
Perhaps CC thought that the loan amount to be amortized was greater than
the bride-price, and that the woman’s work and bearing of children as a “slave
woman” (‫ )אמה‬would balance the accounts. Verse 8 hints at this by requiring a
redemption payment if the daughter turns out to be displeasing to the creditor.

That is, when the bride-price is subtracted from the debt amount, the debtor is
still in debt and must still pay to get his daughter out of servitude. Verses 10–11
indicate that this redemption payment is due even after the creditor has sexu-
ally used her. These verses say that if the creditor-husband does not support
her, she goes free “without (payment of) silver.” This implies the alternative,
that if the creditor does properly support the woman—and, again, after he has
used her sexually—a monetary payment would be due, were she redeemed. A
financial obligation still exists even after consummation.
The Supplementary Male Debt-Slave Laws (21:3–6)
After creating the basic laws in 21:2 and 7 on the basis of LH 117, CC supple-
mented each (in vv. 3–6 and 8–11) with material from other places in LH. In
the male slave law, verses 3–6 were created by a combination of materials and
considerations from LH 117, 119, 175, and 282:
Exodus 21:3–6 LH 117, 119, 175, 282

3a 117
If he came in by himself, he shall go If an obligation has come due for
free by himself. 3bIf he is the husband a man, and he sells his wife, son, or
of a woman, she shall go free with him. daughter, or he gives any (of them)
(or: he surrenders himself) for depen-
dent debt-servitude. . . .
4 119
If his master gives him a woman and If an obligation has seized a man
she bears him sons or daughters, the and he sells his slave-woman who
woman and her children shall belong has borne him children, the owner
to her master, and he (the male debt- of the slave-woman shall weigh out
slave) shall go free by himself. the silver that the merchant weighed
out and effect the release of his
slave-woman.
175
If a palace-slave or a slave of a
commoner marries a woman of the
awīlum-class and she bears (him)
children, the owner of the slave has
no claim of slavery on the children of
the woman of the awīlum-class.
5 282
If the servant should say, “I love my If a slave should to his master say,
master, my wife, and my children; I “You are not my master,” he shall
will not leave,” 6his master shall bring prove that he is his slave and his
him to the God, and bring him to the owner shall cut off his ear.
door or the doorpost. His master shall
pierce his ear with an awl, and he
shall thus work for him indefinitely.
‫באם בעל אשה הוא‬3 ‫אאם בגפו יבא בגפו יצא‬3 117
šumma awīlam e’iltum ibassūma
‫ויצאה אשתו עמו‬ aššassu mārāšu ū mārassu ana
kaspim iddin ū lū ana kiššātim
ittandin . . .
‫אם אדניו יתן לו אשה וילדה לו בנים או בנות‬4 119
šumma awīlam e’iltum ibassūma
‫האשה וילדיה תהיה לאדניה והוא יצא בגפו‬ amassu ša mārī uldūšum ana kaspim
ittadin kasap tamkārum išqulu bēl
amtim išaqqalma amassu ipaar
175
šumma lū warad ekallim ū lū
warad muškēnim mārat awīlim
īuzma mārī ittalad bēl wardim ana
mārī mārat awīlim ana wardūtim ul
iraggum
‫ואם אמר יאמר העבד אהבתי את אדני את‬5 282
šumma wardum ana bēlīšu ul bēlī
‫והגישו אדניו‬6 ‫אשתי ואת בני לא אצא חפשי‬ atta iqtabi kīma warassu ukânšūma
‫אל האלהים והגישו אל הדלת או אל המזוזה‬ bēlšu uzunšu inakkis
‫ורצע אדניו את אזנו במרצע ועבדו לעלם‬
We will move in reverse order in considering these laws, as the most capti-
vating modification of material from LH is found in verses 5–6. These verses
share four points of similarity with LH 282, in essentially the same order:55
(a) The protases begin with the introduction of the slave’s speech. Although the
verb in the Akkadian is at the end of the clause, after the slave’s declaration,
the prepositional phrase of address to the master (“to his masters” ana bēlīšu)
is still initial. (b) Next come citations of the slave’s legal declaration, which
refers to “my master” and describes the slave’s relationship to him.56 (c) After
this, the texts refer to a judicial process, bringing the slave to the God to define
his slave status or otherwise prove his slave status. (d) Finally, the slave’s ear is
mutilated—pierced or cut off—symbolizing the relationship of the slave to the
master.57 The similarity of the two laws is patent. CC has conceptually inverted
the text, replacing rejection with love and fealty.
That LH 282, which deals with a chattel-slave (Akkadian wardum), could
be brought to bear on a debt-slave is reasonable, given CC’s general conflation
of debt-slave and chattel-slave legislation from LH (again, see chapter 6). That
LH 282 was influential is further suggested by other possible influences from
the final block of slave laws in Hammurabi’s text (LH 278–282). This chapter
noted earlier that the phrase “if a man buys a slave” found in LH 278–280 may
have provided a model for the verb buy (‫ )קנה‬in verse 2. The requirement of
verse 6 that “his master shall bring him to the God (‫)האלהים‬, and bring him to
the door or the doorpost” may have also been fueled by the next law, LH 281:
281
If they (male or female slaves purchased according to LH 280) are
natives of another land, the buyer shall declare before the god how
much silver he weighed out (for them). The owner of the male-slave or
female-slave shall give to the merchant (= the buyer) the silver that he
weighed out (for them) and shall effect the release of his male-slave or
female-slave.
šumma mārū mātim šanītim šāyimānum ina maar ilim kasap išqulu
iqabbīma bēl wardim ū lū amtim kasap išqulu ana tamkārim inaddinma
lū warassu lū amassu ipaar.
According to this law, judicial processes determining the ownership of slaves
occur “before the god” (ina maar ilim). Both CC’s and Hammurabi’s descrip-
tions use a nonspecific designation for the deity.
This last point of correlation is connected with the description of other judi-
cial declarations in CC and LH and ultimately pertains to the locale of the ear-
piercing rite described in verse 6. LH contains a number of laws that require
deposition of legal facts “before the deity” (maar ilim, with or without the
preposition ina): witness testimony (LH 9), a description of lost or stolen prop-
erty (LH 23, 120, 240), proof of misappropriation or lying about misappropri-
ated property (LH 106, 126), and disavowal of responsibility for loss of an
animal (LH 266). CC’s deposit laws also require similar depositions, which are
performed upon going to and in connection with “the God” (‫)]ה[אלהים‬. When
a thief is not found, a custodian is to “approach the God (‫( )האלהים‬to deter-
mine) whether or not he misappropriated the property of his fellow” (22:7).
This is followed by a general law that in any case of property dispute, “the
claim of both of them [the disputants] shall come to the God (‫)האלהים‬. He whom
God (‫ )אלהים‬convicts shall pay twofold to his fellow” (v. 8). In the next law, a
shepherd and a man whose animals had died, been injured, or taken away by
predators share in “an oath by Yahweh . . . (to determine) whether or not he mis-
appropriated the property of his fellow” (v. 10; on the appearance of “Yahweh,”
see later). Chapter 9 shows that CC’s legal declarations in the deposit laws are
influenced by the similar requirements in Hammurabi’s deposit laws (LH 120,
126, in connection with LH 266 and 23). This provides context for supposing
that the procedure “before the god” in LH 281 has influenced the requirement
to bring the slave “to the God” in Exodus 21:6.
But neither Hammurabi’s maar ilim laws nor CC’s corresponding ‫]ה[אלהים‬
laws indicate where the legal declarations occur. CC’s laws generally include
verbs of movement to or toward “the God” (21:6; 22:7, 8, 10), indicating that
it is in some other place, but the prescriptions do not indicate expressly where
this is. Hammurabi’s laws are even more cryptic. They do not even have verbs
of motion but say only that the performances are “before the god.” Evidence
apart from of LH indicates that (ina) maar ilim, however, can mean at a shrine
or temple.58 LE 37 contains a law about making a legal declaration concerning
theft of property in a case of deposit. It reads:
LE 37
If a man’s house has been looted, and the property of the house owner
is lost along with the property of the depositor who gave (property) to
him (i.e., the house owner), the house owner shall swear to him an oath
at the gate of (the god) Tishpak: “My property was indeed lost with your
property. I have not committed maliciousness or dishonesty.” He says
(thus) to him. He no longer (therefore) has any (claim) against him. (See
pp. 248–249 for the Akkadian.)
Here the oath by which the custodian declares his innocence occurs at Tishpak’s
shrine. It also uniquely refers to a deity by name, which reminds one of the
mention of “Yahweh” in Exod 22:10. It cannot be argued, given present evi-
dence, that CC knew LE 37 in particular (see chapter 4), but it may have known
of other similar descriptions of judicial performances taking place at a sanctu-
ary or temple in Akkadian documents or learned about these from discussions
with scribal teachers.
The wronged-man passage of the exhortatory block of the epilogue may
have also had an influence on the prescription of judicial procedures at a sanc-
tuary in CC. This passage counsels a person in need of judicial aid to come to
Hammurabi’s statue and stela at the Esagil temple to have his case explained:
“May a wronged man who has a case come (lillik) before the statue of me the
king of justice. Let him have my inscribed stele read to him. Let him hear
my treasured words. Let my stele reveal to him his case. May he examine his
case. May he calm his heart.” This does not describe the adjudication of a case
or a formal legal process, but it reflects the notion that the shrine or temple,
particularly where sovereign’s cult symbol is located, is the place for resolv-
ing legal difficulties. CC as a reader of LH could see this as commentary on
the maar ilim laws in LH, defining where these occurred. A specific point of
influence from the wronged-man passage may be in the verbs of motion in CC’s
various laws about sanctuary adjudication: 22:7 (“the owner of the house shall
approach [‫ ]ונקרב‬the God”), verse 8 (“the word of the two of them shall come
[‫ ]יבא‬to the God”), 21:6 (“his master shall bring him [‫ ]והגישו‬to the God and he
shall bring [‫ ]והגישו‬him to the door or doorpost”).
The asylum law provides another case where judicial actions are performed
at the sanctuary. It prescribes: “I will appoint a place whither he may flee (‫”)ינוס‬
(21:13). The “place” here is the sanctuary, and like the other passages, the verse
describes travel to the sanctuary. This develops an abbreviated rule in LH 207
that requires an oath of inadvertence (cf. LH 206) but says nothing specific
about the place where this oath is made. CC tells us where and in what context
such a determination of intent occurs. According to its rule, a deliberate killer
is to be taken from the altar and executed, while an inadvertent killer would
pay indemnification to the victim’s kin according to the talion law of 21:23b
and then go free (for this argument, see chapter 6). Understood thus, the asylum
law is really just another case of a procedure performed in connection with “the
God.” It confirms the interpretation that the other judicial performances in CC
in connection with “the God” occurred at the sanctuary.59
LE 37, cited previously, also helps clarify whether the two phrases in verse
6a are the result of redactional development. This half verse describes two
locales to which the slave is brought: “(v. 6aα) his master shall bring him to the
God, (v. 6aβ) and he shall bring him to the door or the doorpost.” It has been
argued that the second clause is a post-Deuteronomic addition that seeks to
secularize the law by moving it out of the sanctuary.60 But as we have seen, LE
37 places the judicial oath not only at a sanctuary but also specifically at the
“the gate (bāb) of Tishpak.”61 CC corresponds in mentioning both the god and
a door or passageway. The redundancy in CC’s formulation may stem from its
use of two different sources. Laws from LH, and perhaps LH 281 in particular,
which requires judicial performances “before the god” for slaves, influenced
the first clause in verse 6aα. Then another law, with a judicial description as
in LE 37 and that mentioned a doorway, motivated the addition of the second
clause in verse 6aβ. Alternatively, the mention of the doorway may have arisen
independently of a source to explain the mechanics of how the slave’s ear is
pierced at the sanctuary.
One trigger for the use of LH 282 and the judicial procedure “before the
god” in LH 281 to formulate verses 5–6 may have been the idiomatic connec-
tions between LH 117 and LH 280. This law, cited here, sets up the context for
LH 281, cited previously:
280
If a man purchases a male-slave or female-slave of a man in a for-
eign land, when he is traveling about in the land the owner of the male-
slave or female-slave recognizes his male-slave or his female-slave, if the
male-slave or female-slave are natives of the land, their freedom shall be
effected without (payment of) silver.
šumma awīlum ina māt nukurtim wardam amtam ša awīlim ištām
inūma ina libbū mātim ittalkamma bēl wardim ū lū amtim lū warassu
ū lū amassu ūteddi šumma wardum u amtum šunu mārū mātim balum
kaspimma andurāršunu iššakkan.
This law uses the phrase “their freedom shall be effected” (andurāršunu
iššakkan), found in LH 117. The expression in LH 117 could have carried the
attention of CC’s author to the final slave laws, which then allowed the creative
adaptation of LH 282 in verses 5–6 and the use of other motifs in the final slave
laws at various places in verses 2 and 6.
The concluding slave laws of LH may have also influenced motifs in the
female slave law (vv. 7–11). The clause describing release in LH 280, “their
freedom shall be effected without payment of silver” (balum kaspimma
andurāršunu iššakkan), is similar to the phrase “she shall go out without obli-
gation, there is no silver (due)” (‫ )ויצאה חנם אין כסף‬in verse 11. The idiom “to
buy . . . in a foreign land” (ina māt nukurtim . . . šâmum) in LH 280 is similar to
the phrasing “sell . . . to a foreign people” (‫ מכר‬. . . ‫ )לעם נכרי‬in verse 8. And the
final clause in LH 281, “he shall effect the release (by redemption) of his male
slave or female slave,” is similar to the requirement of allowing redemption of
a female slave in verse 8 when she displeases her husband/owner. The verb for
release used here is paārum, also used in LH 119, to be discussed later.
A last issue for discussion in connection with verses 5–6 is the final phrase
“he shall serve him indefinitely” (‫)וַ ֲעבָדוֹ לעלם‬. This language may come from
native, and ultimately, Canaanite tradition. This phrase in CC, which uses a
verb and an adverbial phrase, is rendered with the noun phrase ‫“ ֶעבֶד עולם‬per-
petual slave” in Deuteronomy 15:17.62 This wording, Deuteronomy’s phrase in
particular, has a parallel in the Ugaritic Kirta text: “Message from King Pabil:
Take silver and yellow gold, a yd of its place, and perpetual slaves (‘bd ‘lm),
charioteers(?), chariot-horses from (?) stables, (and) children of female-slaves
(bn amt).”63 Note that CC has not only used terminology akin to the Ugaritic
‘bd ‘lm but also in its seventh-day law (23:12) used the term “son of a female
servant” (‫)בן אמה‬, also found the Ugaritic passage (bn amt).64 Both of the terms
in the Kirta text refer to chattel-slaves, not debt-slaves—it does not make sense
that Pabil offers Kirta debt-slaves that happened to have become permanent
slaves or that the children of female slaves are soon to be released. This means
that CC’s law in 21:6 in effect converts a temporary male debt-slave into a
chattel-slave, at least for the lifetime of that particular debt-slave. This makes
sense, too, in terms of the connected legislation that presumes that his wife and
children are chattel-slaves (vv. 4–5). By becoming a permanent slave, he joins
them in their status.
With an account of verses 5–6 complete, we move to verse 4, which says that
a slave-wife given to a temporary debt-slave and the children they have together
do not go free when the male debt-slave goes free, thus providing the motiva-
tion for the male debt-slave to stay permanently. LH 118–119 may have been
a factor in the formulation of this rule. These paragraphs continue the basic
law of LH 117 and speak of slaves instead of family members as candidates
for debt-servitude to pay off their owner’s debt. According to LH 118 (cited
in the main texts of the next section of this chapter), the buyer of these slaves
may extend the period of service beyond the limit of three years set down for
a debtor’s wife and children in LH 117. The buyer in LH 118 may even sell the
slaves to another person, making it impossible for the original debtor-owner to
reclaim or redeem them. However, LH 119 (cited already before and, in another
context, later) sets down an exception. A slave woman who has borne the debtor
children is to be redeemed by the debtor. Implicitly, she is not to be sold to
another. Although not exactly the same as the situation in verse 4, LH 118–119
raise the question of the permanence of family relations when the wife of the
debtor is a slave. This could have provided CC with the motif upon which to
build its law.
But LH 175, cited previously, is actually closer to the situation imagined in
verse 4 and may have been a primary influence, when one allows for concep-
tual inversion, as found in the case of verses 5–6 and LH 282.65 That LH 175
could have been influential in principle is supported by CC’s knowledge and
use of the nearby law, LH 178, for the description of the three means of sup-
port of a debt-slave wife in verses 10–11, discussed in the next section of this
chapter. In terms of specific comparison, verse 4 is like LH 175 except that the
statuses of the male and female are reversed. In LH 175, the man is a slave and
the woman is free; in such a case, the children inherit the mother’s free status.66
In verse 4, the male slave is theoretically free or freeable, whereas the wife is
a chattel-slave. The children in this case also inherit the mother’s status and
accordingly remain the property of the creditor-master.
Conceptual inversion, as found in verses 4 and 5–6, is seen in a few other
places in CC. The law about an animal falling into a pit (21:33–34) appears to
be a convex-concave mirror image of the falling of a house (LH 229–230; see
chapter 8). The replacement of Hammurabi and his statue with Yahweh and
his altar in the apodictic laws, stimulated by themes from the prologue and
epilogue and especially the exhortatory block in the epilogue, is a type of con-
ceptual inversion. These various cases of inversion can be tied to a principle
that lies behind the generation of laws in Near Eastern casuistic law collections.
New legal formulations were created by considering alternative variables for
an existing case. This is not far in principle from Westbrook’s notion that Near
Eastern law was created by a consideration of basic problems that led to simi-
lar but distinct formulations (see chapter 1). Conceptual inversion is an exten-
sion of this consideration of variables. We might even associate inversions with
examples of “maximal variation,” a feature that Eichler described, where laws
at the extreme ends of a spectrum of variability are counterpoised in a collec-
tion (see chapter 4, nn. 3, 6).
A minor observation about verse 4 is that the phrase at the end, “he shall
go free by himself,” is not paralleled in LH 175, which presumably serves as
the basis for the main body of verse 4. It might be thought that this last phrase
is an addition, redundantly copied from the end of verse 3. Although it may
recycle the language of that verse, it is necessary to the text. It is added to CC’s
conceptual inversion of LH 175 to fit the context of debt-slave release. It sets up
a situation that verses 5–6 will solve by allowing the man to stay with his wife
and children.
We may now turn to verse 3. This is a bridge between verse 2 and verses
4–6. Verse 3a appears to be a free creation that links verse 2 to what follows.
It makes explicit a situation possible in the context of verse 2, that the debt-
slave came in alone. It also provides a contrastive background for verse 3b,
which adds the new datum of an accompanying wife. Verse 3b, which speaks
of a wife accompanying her husband, may depend on the mention of a wife
in LH 117. The wife in verse 3b presumably works to pay off the debt along-
side her husband. This is indicated by her changing her place of residence, an
implication of verse 3b, and the statement that “she goes out” (‫ )ויצאה‬with her
husband, implying that she was a slave. CC’s limitation of a wife’s debt-slavery
to coslaveship with her husband may reflect CC’s interest in limiting or control-
ling the creditor’s sexual access to the women listed in LH 117. Having the wife
serve only with her husband theoretically reduces the chance that the creditor
will have intercourse with her. Thus CC enables a creditor’s inevitable sexual
contact with a debtor’s unbetrothed daughter by prescribing marriage but limits
his access to the debtor’s wife by allowing her servitude only under the protec-
tive presence of her husband. This is not a contradiction. CC’s interest is not in
limiting sexual activity but in making sure that it operates according to existing
social norms.
This understanding of verse 3 raises the question of whether CC intended
verses 2–6 to apply equally to women who were independent debt-holders,
not under the control of fathers or husbands, for example, certain widows or
divorcees or perhaps older unmarried women.67 CC may not have considered
this special case. But if a woman of such a status were a candidate for debt-
slavery, the concerns about sexual access and abuse behind the composition of
verses 2–11 suggest that she would become the wife of her creditor, according
to verses 7–11 and analogically following 22:15–16, rather than a temporary
debt-slave as in verses 2–6. If so, Deuteronomy 15:12–18 significantly departs
from the intent of CC in applying the legislation of the male in verses 2–6 to an
independent female debt-holder.
The identity of the male in verses 2–6 is not clear. Is he the father or son of
LH 117?68 This is not easily decided because the Akkadian law is not entirely
clear itself. The verb ittandin has two interpretations. It may be a Gtn preterite
with a distributive sense, to be translated “if (the father) gives any (of his family
members) for dependent debt-servitude (ana kiššātim).”69 This means that the
father is not a candidate for slavery. Alternatively, it may be an N perfect, trans-
lated “(the father) surrenders himself for dependent debt-servitude.”70 Hence in
addition to selling his family members, the father himself may enter servitude.
If this matter is a point of debate for modern grammarians, it may have been so
for readers of the text in antiquity. Even if we decide that the Gtn is the correct
understanding, CC may have read the verb as an N-stem, or at least entertained
the two interpretive possibilities. This may explain why CC writes its law so
that it comprehends the slavery of the head of a household or his son. The word-
ing of verse 3b allows for the former, a mature individual with a wife: “If he is
the husband of a woman, she shall go free with him.” The wording of verse 3a
presumes a younger individual who has not yet acquired a wife: “If he came in
by himself, he shall go free by himself.” Verses 4–6, which describe the slave’s
marriage to a female slave provided by the creditor, also assume this younger
individual. In view of these later verses, the basic rule of verse 2 would there-
fore include both a father and a son.71 CC also displays a dual rendering of an
ambiguous phrase in the ox laws. It provides two laws about a habitual goring
ox, one for an adult victim and one for a child victim (21:29, 31), both possible
interpretations of mār awīlim in LH 251 (see chapter 8).
Two general matters concerning verses 2–6 remain for discussion. Given
CC’s concerns about sexual exploitation of debt-slaves, discussed earlier, we
may ask whether CC was concerned about the creditor’s sexual exploitation of
a male debt-slave.72 CC does not seem to be concerned with direct sexual abuse
of the slave by the creditor. It does not legislate safeguards, nor does the larger
context of CC indicate an interest in homosexual relations. It is reasonable to
suppose that if it were to write a law on the matter, it would be a prohibition.

But CC does say something about the sexual utilization of an unmarried male
debt-slave. It allows the creditor to give him a slave wife, to produce children that
belong as chattel-slaves to the creditor and expand his labor force (Exod 21:4–6).
Thus all of Exodus 21:2–11 is very much concerned with the sexual and repro-
ductive use of debt-slaves. In two cases, when the slave is a single male or the
debtor’s daughter, it facilitates marriages that provide the creditor with new slave
labor. At the same time, it prevents the creditor from benefiting from the procre-
ative powers and sexuality of a slave’s wife who accompanies him into slavery.
Finally, we can note that verses 4–6 should be viewed as part of the original
text of the male slave law because they, especially verses 5–6, reflect depen-
dence on LH, as does the basic law in verse 2. Moreover, verse 3 must also be
original because it reflects the motif of a wife as a slave, as found in LH 117, and
otherwise creates a necessary link between verses 2 and 4–6.73 The conceptual
shifts and redundancies in the passage, such as the repetition in verse 6a, can
be seen as resulting from the creative combination of laws and motifs from dif-
ferent places in LH.
The Supplementary Female Debt-Slave Laws (21:8–11)
Like the male debt-slave law, the daughter debt-slave law is based on LH 117
in verse 7, with subcases based on other parts of LH, including the family law
section of LH 127–191:
Exodus 21:8–11 LH 148, 154–156, 148–149, 178

8 148
If she is displeasing in If a man marries a woman and la’bum-disease
the view of her master then seizes her . . . [see below for the rest of the law]
118
who has designated her If he gives a male slave or female slave (or: if a
for himself, he shall let male slave or female slave is given) for dependent
her be redeemed. He debt-servitude, the merchant (= buyer) may extend
shall not have power to (the period of service); he may sell (them); (the
sell her to a foreign slave) need not be reclaimed.
119
people because he If an obligation has seized a man and he sells
betrayed her. his slave-woman who has borne him children,
the owner of the slave-woman shall weigh out the
silver that the merchant weighed out and effect the
release of his slave-woman.
154
If a man knows (sexually) his daughter, they
shall make that man leave the city.
9 155
If he designates her for If a man chooses a bride for his son and his
his son, he shall treat son knows her, but afterwards he (the father) lies
her according to the law in her lap and they catch him, they shall bind that
pertaining to daughters. man and throw him into the water.
156
If a man chooses a bride for his son and his son
does not know her, and he (the father) lies in her
lap, he shall weigh out one-half mina (= thirty
shekels) of silver and whatever she brought from
the house of her father he shall restore to her. A
husband of her choosing may marry her.
10 148
If he takes another If a man takes (i.e., marries) a woman and la’bum-
(woman), he shall not disease then seizes her, and he decides to take a
withhold her (the first second (woman), he may marry (her), but he may
wife’s) food, clothing, not divorce (lit.: forsake) his wife whom la’bum-
and habitation. disease seized. She shall stay in a dwelling that he
11
If he does not do these builds and he shall support her as long as she lives.
149
three things for her, If that woman does not consent to dwell in her
she may leave without husband’s house, he shall replace the dowry that
further obligation; no she brought from her father’s house, and she may
(redemption or debt) leave.
178
silver is (due). If an ugbabtum, naditum, or sekretum, whose
father gives her a dowry and writes for her a docu-
ment, but in the document that he wrote for her he
did not write for her to dispose of her property as
she wishes and has not allowed her to parcel it out
to the extent that she desires, after her father dies,
her brothers shall take her field and orchard and
give her an allowance of food, oil, and clothing
according to the value of her inheritance and (thus)
satisfy her desire. If her brothers do not give her
an allowance of food, oil, and clothing according
to the value of her inheritance and do not satisfy
her desire, she may give her field or orchard to any
cultivator she desires, and her cultivator shall sup-
port her. She shall eat of the field, orchard, or what
that her father gave her as long as she lives. She shall
not sell (them). She shall not pay off obligations to
another (from them). Her inheritance belongs to her
brothers.
‫אם רעה בעיני אדניה אשר‬8 148
šumma awīlum aššatam iuzma la’bum
‫לא )לו( יעדה והפדה לעם‬ iabassi . . .
‫נכרי לא ימשל למכרה בבגדו‬ 118
šumma ÌR (wardam/wardum) ū lū GEMÉ
‫בה‬ (amtam/amtum) ana kiššātim ittandin tamkārum
ušetteq ana kaspim inaddin ul ibbaqqar
119
šumma awīlam e’iltum ibassūma amassu ša
mārī uldūšum ana kaspim ittadin kasap tamkārum
išqulu bēl amtim išaqqalma amassu ipaar
154
šumma awīlum mārassu iltamad awīlam šuāti
ālam ušeûšu
‫ואם לבנו ייעדנה כמשפט‬9 155

šumma awīlum ana mārīšu kallatam iīrma
‫הבנות יעשה לה‬ mārušu ilmassi šū warkānumma ina sūnīša ittatīlma
iabtūšu awīlam šuāti ikassûšuma ana mê inaddûšu
156
šumma awīlum ana mārīšu kallatam iīrma
mārušu lā ilmassima šū ina sūnīša ittatīl 1/2 mana
kaspam išaqqalšimma u mimma ša ištu bīt abīša
ublam ušallamšimma mutu libbīša iassi
‫אם אחרת יקח לו שארה‬10 148
šumma awīlum aššatam iuzma la’bum iabassi
‫כסותה וענתה לא יגרע‬ ana šanītim aāzim panīšu ištakan iaz aššassu
‫ואם שלש אלה לא יעשה‬11 ša la’bum ibatu ul izzibši ina bīt īpušu uššamma
‫לה ויצאה חנם אין כסף‬ adi balat ittanaššīši
149
šumma sinništum šī ina bīt mutīša wašābam
lā imtagar šeriktaša ša ištu bīt abīša ublam
ušallamšimma ittallak
178
šumma ugbabtum nadītum ū lū sekretum ša
abūša šeriktam išrukūšim uppam išurušim
ina uppim ša išurūšim warkassa ēma elīša
ābu nadānamma lā išuršimma mala libbīša lā
ušamīši warka abum ana šīmtim ittalku eqelša u
kirāša aūša ileqqûma kīma emūq zittīša ipram
piššatam u lubūšam inaddinūšimma libbaša uabbū
šumma aūša kīma emūq zittīša ipram piššatam u
lubūšam lā ittadnūšimma libbaša lā uibbū eqelša
u kirāša ana errēšim ša elīša ābu inaddinma
errēssa ittanaššīši eqlam kirâm u mimma ša abūša
iddinūšim adi balat ikkal ana kaspim ul inaddin
šaniam ul uppal aplūssa ša aīšama
The primary correlation is between verses 10–11 and LH 148–149. The

protases of the first laws in verse 10 and LH 148 begin with the mention of
acquiring a second wife. Both use only feminine adjectives to refer to the
woman (‫“ אחרת‬another,” šanītum “a second/another”). Both use verbs of “tak-
ing” to refer to the marriage (‫לקח‬, aāzum). The apodoses of the first laws
go on to prescribe support for the preexisting wife. And the second laws, in
verse 11 and LH 149, refer to a situation in which the woman may leave the
husband.74
Despite obvious differences, the correspondence of the laws is clear. CC has
taken a law that pertains to the marriage of free persons and adapted it to fit the
situation of a slave-wife. This is not a case of complete conceptual inversion,
like that between verses 5–6 and LH 282, but it is related in that it introduces
a variable into the legal context of the source law to produce a different law.
The variable is the status of the woman. One could well imagine LH to have
included a law just after LH 149 based on a difference in the woman’s social
status: “If that woman is a slave (amtum). . . . ” Such a sequence would be simi-
lar to other actual laws in LH that portray alternatives based on gradations of
social status.75 CC has written the alternate case, about a slave (or type of slave),
without reiterating the primary law upon which it depends.
Verse 10 does not mention the reason that the creditor took a second wife, as
opposed to LH 148, which says that the husband takes a second wife because
his first contracted la’bum disease, apparently a skin disease not entirely dis-
similar to the group of afflictions comprehended under the biblical Hebrew
term ‫“ צרעת‬scale disease.”76 But CC has not altogether ignored this question.
It has pushed the grounds for the second marriage back to verse 8: “If she is
displeasing in the eyes of her master who has designated her for himself. . . . ”77
Realizing that the displeasure clause in verse 8 correlates with LH 148 helps
with the interpretation of ‫ לא יעדה‬in that verse, which the traditional reading
takes to mean “he designated for himself.”78 The spelling ‫ לא‬normally should
be taken as a negative particle, which would yield: “if she is displeasing in the
eyes of her master who has not (yet) designated her. . . . ”79 But source and con-
text suggest that ‫ לא‬should be understood as ‫“ לו‬for himself.” As a reflection
of LH 148, one expects verse 8 to presume a marriage relationship. Moreover,
verse 8 describes the creditor as having “broken faith with her” (‫)בבגדו בה‬. This
is not simply the cancelation of the contract prior to his taking her as a wife.80
The root ‫ בגד‬elsewhere in the Bible indicates a serious breech of an intimate
relation against customary norms and is used of unfaithfulness in marriage.81
The object of the preposition ‫“ בה‬against/with her” characterizes this as a per-
sonal affront to the woman, not her father or the contract relationship formed
with the creditor. In fact, the agreement with the debtor-father is technically
not broken at all. For example, if the woman cannot be redeemed, she presum-
ably remains with the creditor the rest of her life, as long as she receives sup-
port. To send her home would contradict the requirement of redemption for her
release set down in verse 8. Moreover, if the action indicated by ‫ בגד‬referred to
an event that occurred prior to consummation and even prior to the creditor’s
designating the woman for anyone, even his son, it would occur temporally
very close to the father’s selling the daughter. He and his family probably
would not be in any better position financially to redeem her. The redemption
clause in verse 8 presumes that she has been in the custody of the creditor for
some time, which suggests that her relationship to a male has been determined
and consummated.82 In addition to these considerations, taking ‫ לא‬as ‫“ לו‬to
him” constitutes a fitting legal parallel to verse 9, which uses the verb ‫ יעד‬with
the ‫ ל‬preposition with reference to the son.83 Finally, verses 10–11, apart from
any consideration of LH, also presume that the creditor has consummated a
marriage with the woman. If verse 8 is to be read “he has not designated her,”
that is, for anyone, we are left with the question of how she ended up as the
creditor’s wife in those last verses.
CC does not give a specific reason for the husband’s displeasure. It appears
to have generalized its source law. This tendency is found in a number of other
laws in CC over against their sources. The displeasure in CC may therefore
arise from other difficulties, such as (presumed) infertility or personal incom-
patibility.84 Infertility might be of particular concern to CC, given its concern
otherwise about the procreation of slaves. As noted earlier, one of the reasons
that a creditor would take a debtor’s daughter as a wife would be to supply him-
self similarly with offspring to provide labor.
Verses 10–11 describe an alternative to verse 8. They assume that the woman
has not been redeemed as allowed by verse 8. She necessarily remains with her
creditor-husband because he is forbidden to sell her to a “foreign people” (‫עם‬
‫ ;נכרי‬v. 8). This must refer to any people other than those who would redeem
her, including Israelites other than her family or clan.85 The intent of the law
is to prevent her from being sold, with the result that she becomes a chattel-
slave and cannot at some point be redeemed. The possibility of redemption
remains open anytime after the creditor-husband’s display of discontent, even
after many years. Verses 10–11 provide another way out of the marriage: the
creditor-husband’s lack of support.
The two mechanisms for the woman’s release in CC—redemption and
release when her husband fails to support her—appear to be playing off the
vague formulation of LH 148–149. These laws do not clearly indicate why the
woman leaves her husband: is it because she is no longer loved by her husband
because of la’bum-disease, or is it because he did not support her? CC makes
both conditions of release. The possibility of redemption is premised on the
creditor’s displeasure (v. 8), and the release without need of payment is pre-
mised on a lack of support (v. 11).
CC changes the economic details of the laws from Hammurabi to fit the
case of a slave-wife. Instead of having her leave of her own accord and take
her dowry with her as in LH 149, a redemption price must be paid (v. 8). The
presumption is that the displeasure is not entirely the fault of the creditor. The
language “if she is unacceptable in the eyes of her master” is neutral or tends
toward casting blame on the woman. Moreover, even though the creditor has
had sexual use of the woman and the bride-price that he would pay has presum-
ably been deducted from the loan amount, some debt apparently still remains
(see the discussion earlier). Only when he does not provide support is the credi-
tor penalized, and he loses his loan amount. In this case, the woman goes free
“without silver,” that is, without need for paying redemption money (v. 11). His
financial loss here is akin to restoring the dowry to the wife in LH 149.
The prior discussion of the male debt-slave laws suggested that LH 118–119,
which deal with selling slaves into debt-slavery, may have influenced the for-
mulation of verse 4, the law about a creditor giving a wife to a male debt-slave.
These cuneiform laws also appear to have influenced verse 8. They continue
the rule of LH 117 and allow one to sell a male or female slave (wardum or
amtum) to pay off an obligation. LH 118 allows one who bought this slave from
the debtor to sell the slave to people other than the debtor. LH 119, however,
implicitly outlaws this in a case where a slave-woman sold to pay off a debt has
borne children to the debtor. She is to be redeemed (paārum) by her owner. It
would seem that this law requires the buyer to keep the slave woman in his pos-
session until redemption. This is similar to the rule of verse 8, which requires
the creditor to retain possession of the woman so that she can be redeemed.
CC goes beyond LH 148 to specify the type of support that the woman is
to receive by listing three modes of sustenance. The Akkadian law says that
“she shall stay in a dwelling that he (the husband) builds and he shall support
her (ittanaššīši) as long as she lives.”86 CC explains: “he shall not withhold her
(the first wife’s) food, clothing, and habitation.” The meaning of the last term
in the Hebrew list (‫ )עֺנָה‬is disputed. It is traditionally understood as meaning
“cohabitation” or “conjugal rights.”87 But one may take the noun as a defec-
tively spelled feminine noun from the root ‫ עון‬III,88 which has the meaning of
“to dwell.” Two nouns, ‫“ מעון‬dwelling, habitation” and ‫“ מעונה‬den, lair,” are
formed from the root, and it may also appear twice as a verb if certain forms
are emended or reinterpreted.89 Thus ‫ ענתה‬in verse 10 may mean “her habita-
tion/dwelling.”90 The source analysis of CC supports this solution, inasmuch as
LH 148 prescribes specifically that the husband must provide housing for the
first wife.
CC’s list of three items of support is not an invention. It has presumably
been guided by the threefold list of support in LH 178 (see the previous cita-
tion). This law speaks specifically of a daughter who is an ugbabtum, nadītum,
or sekretum and who had not been given power by her now dead father to give
her land holdings to another. She is therefore to receive support from her broth-
ers. They take her field and orchard and in return provide her with “food, oil,
and clothing” (iprum piššatum u lubūšum).”91 Two of these items—food and
clothing—appear in CC’s list. CC has replaced “oil” with “housing,” based
on LH 148. A similar alteration of a threefold list is found at the beginning of
the final apodictic laws (22:20). CC’s listing of immigrant, widow, and orphan
derive from the weak person, widow, and orphan girl of LH. CC has replaced
the “weak person” with the “immigrant,” which is more suitable to CC’s ideo-
logical context.
LH 178 was able to provide a model for the list of items of support in verse
10 because it uses the same verb that LH 148 uses to summarize the sustenance
that the woman is to receive. The end of LH 178 says that if the brothers fail
to support their sister, she can give her field or orchard to a cultivator, and
“he shall support her” (ittanaššīši). The cultivator’s support is obviously to be
similar to what the brothers give; therefore, the verb ittanaššīši encapsulates
the threefold list earlier in the law. LH 148 uses this same verb to describe the
support that the woman is to receive from her husband: “he shall support her
as long as she lives” (adi balat ittanaššīši). The verb of LH 148 provided a
mechanism for cross-referencing to LH 178, which then served as a model for
CC’s threefold list.
Given the influence of LH 178 described to this point, it is possible that this
law was also influential in the formulation of the protasis of verse 11. The bibli-
cal law here begins “If he does not do these three things for her” (‫ואם שלש אלה‬
‫)לא יעשה לה‬. The middle of LH 178, after stating that the brothers must provide
their sister with “food, oil, and clothing,” introduces a subcase with a new pro-
tasis: “if her brothers do not give her an allowance of food, oil, and clothing
according to the the value of her inheritance, and do not satisfy her desire”
(šumma aūša kīma emūq zittīša ipram piššatam u lubūšam lā ittadnūšimma
libbaša lā uibbū). The biblical protasis is essentially the same. CC can be
understood as having reduced the explicit and redundant repetition of the three-
fold means of support to “these three things.” This analysis confirms that the
“three things” of CC’s law refers to the three items of support, and not to the
three laws in verses 8, 9, and 10 (i.e., letting the woman be redeemed, treating
her like a daughter, and giving her support if he takes another wife), as some
have argued.92
LH 178 does not provide a model for the apodosis in verse 11. Unlike this
law, CC does not prescribe alternate means of supports but sets the woman free.
This is similar to the rule in LH 149 that says that “she shall leave” (ittallak).
Neither verse 11 nor LH 149 tells us where the woman goes. This does not mean
that she is left on her own. A law near LH 149 says that a woman who obtains a
divorce from an abusive husband takes her dowry and “goes away to the house
of her father” (ana bīt abīša ittallak; LH 142).93 LH 149 uses the same verb of
departure and therefore probably implies the same ultimate goal. CC’s verse
must assume the same.
Little has been said to this point about verse 9 because it breaks up the conti-
nuity of verses 8 and 10–11, the main case. This verse is concerned with a case
where the creditor gives the woman to his son as a wife. It appears right after
verse 8, partly because determining whom the woman will marry, in terms of
her personal biography, happens before the creditor’s taking a second wife in
verses 10–11, should he designate the debtor’s daughter for himself. The loca-
tion of verse 9 is further explained by an apparent attempt to create a structure
that mirrors the law about the male debt-slave, as noted at the beginning of this
chapter.
Verse 9 depends on another law from LH in the vicinity of LH 148–149.
Five laws later, Hammurabi’s collection includes rules about sexual intercourse
between a father and his daughter or daughter-in-law (LH 154–156, cited pre-
viously).94 If the woman is his daughter, the father is exiled (LH 154). If the
woman is his daughter-in-law with whom his son had already had intercourse,
the father is tied up and thrown into the water (LH 155). If his son had not yet
had intercourse with his bride-to-be, his father pays her thirty shekels of silver,
gives back whatever she had brought in, and allows her to marry someone else
(LH 156). Verse 9 and LH 155–156 correlate in having protases that refer to
selection of the wife by the father for the son. CC’s wording is actually quite
similar: “if he designates her for his son” (‫“ ;)ואם לבנו יעדנה‬if a man chooses a
bride for his son” (šumma awīlum ana mārīšu kallatam iīrma). Hebrew ‫יעד‬
“designate” is a suitable translation of Akkadian ârum, which CAD translates
as “to pick and take as mate (for oneself or for someone else).”95 This definition
fits both cases of ‫ יעד‬in the CC’s passage: that in verse 8, where the creditor
designates the woman as his own wife, and that in verse 9, where he designates
the woman for his son.96
When verse 9 is seen to correlate with LH 154–156, the meaning of its apo-
dosis, “he shall do for her according to the law pertaining to daughters” (‫כמשפט‬
‫)הבנות יעשה לה‬, becomes clear. This rule is generally interpreted to mean that
the father is to treat his daughter-in-law as a free woman—she is, in effect,
freed from slavery.97 The problem with this is that it grants the woman a status
that she does not have when married to the creditor himself. If we take CC’s
operative phrase concretely, meaning “the law pertaining to daughters” (‫משפט‬
‫)הבנות‬, it makes sense as a reference to a specific rule such as LH 154, which
penalizes intercourse with one’s daughter.98 In other words, CC’s rule can be
understood to prohibit daughter-in-law incest, the concern of LH 155–156, by
invoking reference to a general rule against daughter incest such as in LH 154.
This concrete use of ‫ משפט‬to refer to a particular law, and not general custom,
appears in 21:31: “or (if) it gores a son or a daughter, it shall be done for him
according to this law” (‫)או בן יגח או בת יגח כמשפט הזה יעשה לו‬, referring back to
verses 28–30. Verse 31 uses the verb ‫“ עשה‬to do” with the ‫ ל‬preposition, the
same usage found in verse 9. This means “apply (a legal rule) to (a person).” The
particularizing meaning of ‫ משפט‬is also found in 21:1: “These are the laws that
you shall place before them” (‫)ואלה המשפטים אשר תשים לפניהם‬. The plural noun in
this phrase correlates with dīnāt mīšarim “just laws,” referring to the individual
casuistic laws in LH (see chapter 3).
A ban against incest in verse 9 is particularly pertinent because the creditor
might think that he still has sexual access to the woman because he was the one
who made the loan to her family and because the woman is presumably still a
slave when married to the son—nothing in the context indicates that she has
been freed.99 CC’s concern in this rule is consistent with its goal in other parts
of the slave laws: it seeks to control the sexual use of a slave. CC assumed that
the creditor would have sex with the debtor’s daughter; therefore, it prescribed
that the woman be married to the creditor (vv. 7–8, 10–11). But if the credi-
tor gives the woman in marriage to his son, then the father’s sexual access is
denied.
A final issue to consider is the compositional relationship of verses 7–11
to verses 2–6. Some believe that the entire daughter law is secondary.100
This must be rejected because both verses 2–6 and 7–11 are fully based on
Hammurabi’s laws. Moreover, their individual compositional character is simi-
lar: their foundational laws were created from LH 117, with their extended laws
built from laws later in LH, especially from the section of family laws between
LH 127–191.101 Common source and method of composition point to unitary
composition.
Gender Inclusiveness in the Covenant Code
The female debt-slavery law raises the question about how CC treats males
and females in its laws over against LH. In a few cases, CC mentions a female
Table 5.1: Males and females in the laws of CC and LH

Topic CC LH
debt-servitude male and female cases (21:2–6, wife, son, daughter (117)
7–11)
*child rebellion—striking father and mother (21:15) father (195)
child rebellion—cursing father and mother (21:17) father and mother (192–193)
*killing lower class male and female slave (21:20) male commoner (208), son (116)
*injury to slave’s eye/tooth male and female slaves male slave (199; cf. only male
(21:26–27) victims in 196–201)
*goring ox male and female victims male victim (250–251), son
(21:28–29), son and daughter (251, when read literally), male
(21:31), male and female slave slave (252)
(21:32)
*LH has only a male whereas CC includes a female
along with a male in its laws where LH has only a male. Table 5.1 lists all cases
of gender inclusiveness in CC compared with their source laws in LH. In the
four laws marked with an asterisk under “Topic” in the table, LH has only a
male whereas CC includes a female. In the two other laws, LH has females
along with males. Other data from the two collections put the data in the table
into context. Various slave laws in LH (which CC does not replicate as primary
laws in its composition) include both male and female slaves (LH 7, 15–17,
gap ¶ s, 118, 278–281).102 In CC, laws that apply equally to males and females,
other than those listed in the table, do not mention females explicitly.103 Women
alone appear specifically in laws that affect only women (daughter debt-slavery
21:7–11; miscarriage, 21:22–25; seduction, 22:15–16).
It is reasonable to suppose that the various laws in LH where males and
females are mentioned together had some influence on the more pervasive
inclusionary formulation in CC.104 The mention of males and females in LH
117, which is used as the basis for the first casuistic laws in CC, together with
the mention of males and females in other slave laws of LH, may have set the
pattern for mentioning male and female slaves in the other passages of CC.105
We should note, however, that the father and mother of 21:17 were probably
already part of the law on parent cursing in the participial source that CC used.
This led to CC’s including both parents in the parent-striking law (21:15, over
against LH 195, which has only a “father”; see chapter 7 as well as chapter 6).
Therefore, CC also had a native model for gender inclusivity.
Why Begin the Casuistic Laws with Debt-Slavery?
It has been a puzzle why CC begins its casuistic laws with debt-slavery. The
source thesis of this study makes the question more acute: if CC really relies on
LH, why did it begin with the middle of the Akkadian collection, at LH 117, and
not with the beginning of the collection, or at least with a topic, such as homi-
cide (as found in the Hittite Laws), that seems more conceptually primary from
a legislative point of view? Does not this strange feature, in fact, prove that
CC is independent of LH? No. CC begins its casuistic laws with debt-slavery
because poverty is a primary theme in the overall work.106
As explained in chapter 3 and explored in more detail in chapter 11, the final
apodictic laws emphasize this theme. The two strings of these laws begin with
prohibitions against oppressing the poor. String I prescribes: “Do not oppress
the immigrant; do not repress him, because you were immigrants in Egypt. Do
not afflict any widow or orphan. If you do afflict him, when he cries to me I will
heed his cry. My anger will be incited and I will slay you with the sword, so that
your wives become widows and your children, orphans” (22:20–21); string II:
“Do not repress the immigrant; you know the heart of the immigrant, because
your were immigrants in the land of Egypt” (23:9). The primacy of this theme in
these laws derives from its initial and thus emphatic position in the exhortatory
block of the epilogue, upon which they depend: “so that the strong not wrong the
weak and to secure justice for the destitute girl and widow, . . . I (Hammurabi)
have written my treasured words on my stele and set (it) up before the image
of me, the king of justice” (47:59–78). This theme also appears near the begin-
ning of the prologue: “at that time, Anu and Enlil, to provide well-being for the
people, called me by name, Hammurabi, the dutiful prince, the one who fears
the gods, to make justice appear in the land, to destroy the wicked and evil, so
that the strong not wrong the weak, to rise like Shamash over humanity and to
enlighten the land” (1:27–49). Thus the motif is prominent in CC’s source text.
The strings of CC’s final apodictic laws further reveal their interest in care
for the poor by each prescribing two laws that affect the poor right after the
initial prohibitions against oppression. String I prohibits charging interest from
the poor and keeping a pledge overnight (22:24–26); string II urges observance
of the seventh year and seventh day, which, respectively, provide the poor with
food and rest. The central chiastic core of the final apodictic laws also empha-
sizes judicial respect for the poor (23:3, 6, the b-members of the chiastic struc-
ture; see chapter 3). In addition, the laws about ethical treatment of animals,
too, can be viewed as reflecting indirectly concern about those living on the
margins (22: 29, 30; 23:4–5 [the c-members of the chiastic structure], 11, 12,
19; see chapter 11).
CC’s preoccupation with poverty is as ideological as it is ethical. In the
prologue and epilogue of LH, the motif of Hammurabi’s sustaining and pro-
tecting the poor seeks to aggrandize the king and operates in connection with
other motifs that demonstrate his supremacy. CC maintains a similar thrust in
its laws. It replaces Hammurabi in the prologue and epilogue, especially the
exhortatory block, with Yahweh. This creates a new political dynamic: the god
is now king and is the advocate and protector of the poor. Moreover, CC alters
the list of the marginal to include the “immigrant” (‫)גר‬, which takes the place
of the “weak person” in the exhortatory block. CC makes a point of stating that
the Israelites once had this status in Egypt. Thus the list of the poor in CC has
a political dimension. The implicit message is that Yahweh is the king of Israel
who has provided justice for the weak, including the Israelites under foreign
domination. This is a cipher for Israel or Judah under Assyrian domination. CC
takes a primary royal propagandistic motif, the king’s care for the poor, and
makes it operate against its Mesopotamian overlords.
In view of this, it may not be an accident that CC’s debt-slave laws use the
nationalistic adjective “Hebrew.” A second-person formulation with the verb to
buy requires the use of this adjective, as noted earlier in this chapter. Although
we must still reject defining “Hebrew” by the second millennium BCE term ap/-
biru, we can still see a conceptual correlation between the “Hebrew” at the very
beginning of the debt-slave law in 21:2 and the “immigrant” in Egypt at the very
beginning of the two strings of the final apodictic laws (22:20; 23:9). The persons
do not have an identical status—we are not to assume that every “Hebrew” was
poor. Nevertheless, the two parts of the text evoke nationalistic consciousness.
A number of earlier scholars suggested that ethical or nationalistic expla-
nations lie behind the placement of the debt-slave laws at the beginning of
the central casuistic laws of CC.107 They were not far wrong. The difficulty of
previous claims was in ascribing to this too much of a theological or moralis-
tic motivation. Now we have an empirical foundation for CC’s interest in the
theme of poverty. We see, too, that it is not simply a reflection of religious or
ethical interests. It is an expression of Realpolitik. Even though CC is involved
in theological depiction and interpretation, it is driven by an interest in defining
power relations between different national groups.
These considerations require the rejection of two theories found in some
studies that have examined the redactional development of CC. One is that the
debt-slave laws in 21:2–11 are an addition to a more delimited body of casuistic
laws.108 The source analysis of CC indicates that these laws are original to the
basic composition of CC, along with all of the other materials derived from or
inspired by LH.
The second theory is that the slave laws were originally located just before
the deposit laws of 22:6–8.109 This conclusion is actually consistent with the
source analysis of this book because it uses the order of LH for justification.
In LH, the debt servitude laws (114–119) directly precede the deposit laws
(120–126). But the primary motivation for this theory was not that CC was
dependent on LH, but that the position of the slave laws at the beginning of a
law collection did not make sense. If the slave laws can be moved to a position
later on in CC, then the casuistic laws would begin, more logically, with homi-
cide (21:12) or at least assault (21:18–27). The present study shows, however,
that the intent of CC is not simply to legislate. It begins its casuistic laws with
a topic that makes sense with respect to the larger ideological message of the
text. Chapter 9 provides another explanation of how the deposit laws relate to
the general sequence of LH that CC follows.
Conclusion
CC’s primary goal in its debt-slave laws was to unpack the implications of the
concise law about debt-servitude in LH 117. The primary problem for CC was
the issue of the creditor’s likely sexual exploitation of a debtor’s daughter given
to pay off a debt. CC concluded, using MAL A 55–56 or an unknown source
with similar laws, that the woman must marry her father’s creditor. It included
a version of this law as a supporting footnote in 22:15–16 and extracted the case
of the daughter from LH 117 for separate treatment in verses 7–11. It left the
case of the enslavement of a male (father or son) or a wife for verses 2–6. But
even here, CC was concerned about sexual access and apparently protected a
debtor’s wife from the creditor’s advances by allowing her to serve as a debt-
slave only concurrently with her husband (v. 3). Part of the reason for defining
a creditor’s access to women may have come from a desire to describe the
conditions under which a creditor might produce children from a slave woman.
His marriage to a debtor’s daughter in verses 7–11 would provide him with
offspring to work in his household. This concern is also manifested in the law
about giving a slave wife to a male debt-slave, whose children would belong
to the creditor (vv. 4–6). To create this particular law, CC used LH 175 (on the
status of children of a slave and a free person) and 282 (a slave’s rejecting his
master with ear excision). This justified the creditor’s ownership of the children
but also provided a mechanism whereby the debt-slave father could remain
with his children. The law about the daughter in verses 7–11 treated some of
the questions surrounding the marriage of the woman. If she were married off
to the creditor’s son, does the creditor have sexual access to the woman? Using
LH 154–156 as a guide, laws penalizing incest with a daughter and daughter-in-
law, CC ruled in the negative (v. 9). If she were married to the creditor himself,
what would happen if the relationship fell apart? CC used LH 148–149 (on tak-
ing a second wife), in connection with LH 178 (with a threefold maintenance
clause) and 118–119 (laws about redeeming slaves), to legislate that the creditor
must allow the woman to be redeemed, support her, or let her go free without
payment of the remaining debt (vv. 10–11).
This use of LH and other cuneiform law indicates that laws of Exodus 21:2–
11 are an academic construct. They do not transcribe or encode native Israelite
or Judean practice. CC has nonetheless given its laws a native stamp or con-
textualization. They define the male debt-slave as a “Hebrew.” They require
that to make him into a permanent slave, he be brought to “the God,” which
metonymically refers to an Israelite or Judean sanctuary. Moreover, CC uses
native terminology for permanent chattel-slaves, evident in the wording that
this converted debt-slave “serve him (the master) permanently.” And the motif
of six years of service with release in the seventh was made to cohere numeri-
cally with the custom of rest on the seventh day and leaving food in the field in
the seventh year, if the latter was not an invention of CC. Nonetheless, the body
and substance of the debt-slave laws—the motifs of primary concern and even
many points of legal formulation—come from cuneiform sources.
This creation of new law by revising LH and other cuneiform legislation pre-
sumably had an implicit ideological goal beyond creating law. The placement of
debt-slave legislation at the beginning of the casuistic laws is a manifestation of
the collection’s larger concern about poverty. This concern is not merely ethical
but political within the larger context of CC, as chapter 11 makes clear. CC’s
political interest in this law may be partly manifest in the explicit description
of the debt-slave as a “Hebrew.” The ideological interest of CC is also visible in
another way in the logical coherence of the debt-slave laws over against their
source. CC can be seen as responding to questions implicit in its source. The
detail of its legislation and the literary craft involved belie an intent to write
laws that are better than those of its sources. This is not an ethical judgment.
Some of CC’s rules, in fact, seem repressive when set against LH: a debtor’s
daughter is to marry her father’s creditor, and the male slave has to work six
instead of three years.110 CC’s improvements are, in terms of legal coherence
and sense, primarily in answering questions about sexual access to and use
of slaves. CC’s intent to improve upon sources is comparable to the changes
that Deuteronomy 15:12–18 made to CC’s debt-slave law, or that the Holiness
Legislation (Leviticus 25) made to both CC’s and Deuteronomy’s debt-slave
laws.111 Although Deuteronomy’s modifications have often been viewed as ethi-
cal improvements, their limitation of debt-slavery to debt holders themselves
and apparently not their dependents may arise more purely from legal logic
than from a desire to alleviate oppression. After all, Deuteronomy did not reject
debt-slavery in principle. Moreover, the Holiness Legislation, while it looks
like it is partly motivated by ethical concerns—for example, in refusing to call
Israelite debt-slaves “slaves” (‫עבדים‬/‫—)אמתות‬it is moved by cold, abstract prin-
ciple in extending servitude ideally to the fifty-year jubilee period, thus effec-
tively enslaving a majority of insolvent debt holders for life.112
6
Homicide, Injury, Miscarriage, and Talion
(Exodus 21:12–14, 18–27)
After using LH 117 for the basis of the slave laws in Exodus 21:2–11 and draw-
ing material from the family laws in LH 118–191 (specifically 118–119, 148–
149, 175, 178) and elsewhere (LH 278–282), CC begins to employ the sequence
of Hammurabi’s laws in a more straightforward fashion for the rest of its casu-
istic laws. Within 21:12–22:14, many of CC’s casuistic laws correspond with
a number of laws within the block of LH 192–271. Exodus 21:12–27 forms a
particularly coherent unit that correlates with the parent-child, striking, and
assault laws in LH 192–214. It contains laws on homicide (vv. 12–14), attacks
by children on parents along with kidnapping (vv. 15–17), injury of a free per-
son (vv. 18–19), homicide of a slave (vv. 20–21), aggravated miscarriage (vv.
22–23, to which is attached a talion law vv. 23b–25), and permanent injury to
a slave (vv. 26–27). This series follows the order of laws in LH with two major
exceptions, the laws on homicide and talion.
CC’s alteration of the sequence is part of a coherent reworking of
Hammurabi’s assault laws that identifies problems in the source text and pro-
vides solutions. CC apparently found difficulties with the system of penalties
in LH 192–214 in connection with the issue of intent. It refigured how this fea-
ture operates across the various laws in order to describe a presumably more
consistent and reasonable scheme of punishments. This chapter describes the
logic and ideological rationale of these changes in CC’s homicide and assault
laws (the laws on child rebellion are discussed in the next chapter). As it does
154
Homicide, Injury, Miscarriage, and Talion 155
so, it clarifies a number of questions that have occupied scholars: What is the
nature of homicide asylum? What is the relationship of payments for injuries
(vv. 18–19) to the talion laws? Why the apparent tension in the slave homicide
laws where one is not liable for the death of a slave only as long as the slave
does not die immediately from a beating? What type of slave is covered in
the slave homicide laws? What is meant by the term ‫ אסון‬in the miscarriage
law? Is talion punishment to be taken literally? How does this relate to the
miscarriage law and to the larger context of homicide and injury? Finally,
how are divergences in style—particularly the laws formulated in participial
form in verses 12, 15–17 and the unusual talion list in verses 23b–25—to be
explained?
The Position of the Homicide Law (21:12–14)
Our starting point is to observe the correlation of CC’s primary homicide and
battery laws with those of LH 206–208:1
Exod 21:18–21 LH 206–208

18 206
When men fight and one strikes If an awīlum strikes another awīlum
his fellow with a stone or with a fist in a fight and injures him, that awīlum
(?), and he (the latter) does not die shall swear (saying), “I did not strike
but takes to his bed—19if he gets him with intent,” and he shall pay the
up and walks about outside on his physician.
staff, then the striker is absolved,
but he must recompense him for his
period of inactivity and provide for
his cure.
[12He who strikes a man so that he 207
If he dies from his being struck, he
dies shall be put to death, 13and he shall also swear (as in previous para-
who did not plan it, but the God graph). If (the victim) is an awīlum, he
directed (the victim) to his hand, I shall weigh out one-half mina (= thirty
will appoint a place for you to which shekels) of silver.
he may flee. 14But if a person plots
against his fellow to kill him by
deceit, you shall take him from my
altar to be put to death.]
20 208
If a man strikes his male slave or If (the victim who dies when struck)
female slave with a rod and he (or is a commoner, he (the assailant
she) dies under his hand (i.e., then awīlum) shall weigh out one-third
and there), he (the victim) is to be mina (= twenty shekels) of silver.
avenged. 21But if he lingers for a day
or two, he (the assailant) shall not
suffer vengeance, since he is his (the

master’s) silver (i.e., property).
‫וכי יריבן אנשים והכה איש את רעהו באבן או‬18 206
šumma awīlum awīlam ina risbatim
‫אם יקום‬19 ‫באגרף ולא ימות ונפל למשכב‬ imtaama simmam ištakanšu awīlum
‫והתהלך בחוץ על משענתו ונקה המכה רק‬ šū ina idû lā amau itamma u asâm
‫שבתו יתן ורפא ירפא‬ ippal
‫ואשר לא צדה‬13 ‫מכה איש ומת מות יומת‬12] 207
šumma ina maāīšu imtūt
‫והאלהים אנה לידו ושמתי לך מקום אשר ינוס‬ itammāma šumma mār awīlim 1/2
‫וכי יזד איש על רעהו להרגו בערמה‬14 ‫שמה‬ mana kaspam išaqqal
[‫מעם מזבחי תקחנו למות‬
‫וכי יכה איש את עבדו או את אמתו בשבט‬20 208
šumma mār muškēnim 1/3 mana
‫אך אם יום או יומים‬21 ‫ומת תחת ידו נקם ינקם‬ kaspam išaqqal
‫יעמד לא יקם כי כספו הוא‬
The series in LH 206–208 appears in the context of a succession of laws on

striking and injury, most of which describe an assault with the verb maāum
“to strike.” These include LH 195 (a son striking a father), LH 196–201 (talion
laws about blinding an eye, breaking a bone, knocking out a tooth—these use
verbs more specific to the injuries), LH 202–205 (striking as an insult), and
LH 209–214 (striking that causes a miscarriage). Within this larger context,
LH 206–208 form a discrete unit. It begins with a case of striking that causes
injury, followed by striking that causes death, and ends with striking that
causes the death of one of a lower status, a commoner.
Verses 18–19 correlate with LH 206, and verses 20–21 with LH 208. The
correlation of the first laws is clear. The initial and final phrases in CC’s law are
similar enough to be called a translation: “When men fight and one strikes his
fellow2 . . . he shall provide for his cure” (‫ ורפא‬. . . ‫וכי יריבן אנשים והכה איש את רעהו‬
‫ )ירפא‬compared with “If a man strikes a man in a fight . . . he shall pay the phy-
sician” (šumma awīlum awīlam ina risbatim imama . . . u asâm ippal ).3 The
correlation between verses 20–21 and LH 208 is reasonable once one allows
for CC’s having replaced Hammurabi’s commoner with another individual of
a lower class, a slave. LH in this area of the text regularly has socially graded
laws that include slaves (see later).
As the biblical text is currently constituted, a logical gap exists between the
laws of verses 18–19 and verses 20–21. The laws move from a case of injury
of a free person to a case of homicide of a slave. One expects a mediating or
linking case of homicide of a free person to appear between these laws, similar
to LH 207, which stands between LH 206 (injury of a free person) and 208
(homicide of a commoner). The fissure in CC was created by its shift of the
law of homicide to the beginning of the various assault laws. This is not to say
that at one time CC’s homicide law was actually located between verses 18–19
and 20–21. There is no necessity for this hypothesis, given CC’s willingness to
reformulate its source text. The rearrangement of the topics from LH occurred
in the original composition process.4
Correlations in the Homicide Laws
A number of scholars argue that the homicide law is composite and that part
or all of it is secondary to the context of CC, for good reason.5 The main law
in verse 12 is formulated participially (“He who strikes a man and he dies
shall be put to death” ‫) ַמכֶּה איש ומת מות יומת‬, not casuistically.6 Verses 13–14,
though casuistic in essence, have conditional conjunctions that deviate from
the general casuistic form of CC and from the basic participial law (described
later). These verses also appear to go beyond the unqualified scope of verse
12 in introducing the issue of inadvertence. Verse 12 seems to punish any
killing of a human being.7 Verses 13–14 also contain first-person reference to
deity and second-person reference to the audience, a style inconsistent with
the majority of casuistic laws of CC and different from verse 12. Motifs of
verses 13–14, moreover, presuppose the altar law of 20:24–26. If the altar law
is an addition, as many believe (see chapter 11), then verses 13–14 must be an
addition.
The sequential correlations with LH 206–208, as noted before, and spe-
cific correlations between verses 12–14 and LH 207 indicate that, in contrast
to the prevailing view, the homicide law in all its stylistic complexity is
original to the text. (See the compared texts, earlier.) Verse 12 reflects the
basic elements of LH 207. The laws begin by mentioning striking, followed
by G-stem verbal forms of the root mwt: ‫“ מכה איש ומת‬he who strikes a man
and he dies” // šumma ina maāīšu imtūt “if when striking him he dies.”
This is significant because CC could have used other formulations for its law
in verse 12, such as a C-stem of the mwt: ‫“ ממית איש ומת מות יומת‬one who kills
a man shall be put to death.”8 Or it could have used a different verb root,
such as ‫“ שׂפֵך דם אדם מות יומת‬he who sheds the blood of a man shall be put to
death.”9 Alternatively, CC could have used the participle ‫ מכה‬without stating
the explicit result; that is, ‫“ מכה איש מות יומת‬he who strikes a man (fatally)
shall be put to death.”10 As we will see later, CC’s deviant participial form
is partly the result of stylistic freedom gained by giving the law a new posi-
tion in the sequence of laws but primarily from the influence of a native
participial source. CC retained the basic ideas of LH 207 but transformed
the style.
Although verse 12 and LH 207 share language at the beginning of their
laws, CC has changed the context from inadvertent to intentional homicide.11
That LH 207 is concerned only about unintended homicide is obvious in the
requirement that the killer “swear” (itammāma). This refers back to the oath
of LH 206, which more fully says: “that man shall swear (itamma), ‘I did not
strike him with intent.’ ” Thus in verse 12 CC has moved back a step conceptu-
ally from LH 207 to legislate the foundational case. Its penalty “he shall be put
to death” accords with the new context of intentional homicide.
Surprisingly, LH nowhere includes a general rule about intentional homi-
cide of a free person. It is nonetheless clear from the context of LH that it
would require capital punishment in such a case.12 LH 210 prescribes that if a

man strikes a pregnant woman (lit., “a daughter of a man”), presumably inten-
tionally, and she dies, his own daughter is to be put to death. This suggests that
a simpler case of a person intentionally killing another person would require the
death of the assailant. This is confirmed by the laws about a collapsing house
in LH 229–230, which involve negligence, a lesser modality of intentionality.
Even in such a case, if the house falls and kills the householder, the builder is
to be executed; if it kills the householder’s son, the builder’s son is executed.
Other laws in Hammurabi’s collection indicate that intentional homicide was
a capital crime: a mere false charge of homicide is a capital crime (LH 1), a
creditor’s negligent beating and killing of a son of a debtor seized to pay a debt
requires execution of the creditor’s son (LH 116), and a woman who has her
husband killed is impaled (LH 153). CC’s requirement of capital punishment
for deliberate homicide thus properly reflects the intent of LH in this matter.13
After its basic law in verse 12, CC goes on to the issue of inadvertence in
verses 13–14. LH 206, upon which LH 207 depends for its description of inad-
vertence, describes this with language referring to the mental state of the striker:
ina idû lā amau “without knowing I struck him.” CC also describes the lack
of intention with wording that relates to mental state. Verse 14 uses the verb
‫זוד‬/‫“ זיד‬act brazenly, deliberately” in connection with the adverbial ‫“ בערמה‬craft-
ily, with planning.”14 The verb ‫ צדה‬in v. 13 is a less clear in meaning since it is
infrequently attested, but other passages show that it refers to a mental activity of
planning.15 It does not necessarily mean something as concrete as “lie in wait.”
Another point where verses 13–14 and LH 207 coincide is in the motif of
temple adjudication. This is explicit in verses 13–14. The deity will appoint a
“place” where the killer may flee, and this is the place of the deity’s altar, that
is, a sanctuary.16 This chapter later argues that CC did not see the sanctuary as
a place of indefinite asylum. Asylum was only a temporary measure until the
killer’s intent could be determined and the victim’s family received satisfac-
tion, either through the execution of the killer, if the killing was intentional, or
through indemnification, if the killing was inadvertent. LH 207 does not speak
overtly about adjudication at a temple or shrine, but it is implied in the require-
ment of swearing an oath of inadvertence (also LH 206). The place of other
judicial declarations in LH, described to occur “before the god” ([ina] maar
ilim; LH 9, 23, 106, 120, 126, 240, 266, 281), was presumably a shrine or temple,
as discussed in chapters 5 and 9.17 CC seemingly wondered about the place of the
oath in LH 206–207 and, concluding that it was at a shrine or temple, portrayed
this in terms of asylum. It agreed with Hammurabi’s law, as it understood it, that
inadvertence would be determined by procedures at a sanctuary.
It may be asked whether asylum is an invention of CC based purely on its
reading of LH or whether it reflects actual Israelite/Judean practice. Given that
21:13–14 are based on the altar law, which reflects native customs in one way or
another (see chapter 11), asylum may be a native custom associated with such
sanctuaries and altars. The stories about altar asylum in the first chapters of 1
Kings may support this. Joab flees to the altar for killing Abner and Amasa and
is even executed there (2:28–34). Adonijah flees to the altar for political refuge
when Solomon comes to power (1:50–53).18 Though these cases involve politi-
cal conflict, they still relate to the rule in Exodus 21:13–14.19 CC may have taken
up this native motif to clarify one of the mechanisms of temple adjudication
suggested by but not described in Hammurabi’s laws.20 Similarly, Amos 9:1–4
appears to reflect asylum practice. It inverts the motif by portraying Yahweh as
an avenger who prevents the people’s access to the altar to obtain safety. If this
passage is original to Amos, it may predate CC and suggests that CC has indeed
taken up local custom to inform its homicide law.21
A Native Participial Source
As noted, CC’s relocation of the homicide laws facilitated its reformulation

of those laws. This is comparable to the reformulation of the talion laws in
21:23b–25. These laws were shifted from their original location in Hammurabi’s
collection (LH 196–201), from just after the child rebellion laws (192–193, 195 //
21:15, 17) to just after the miscarriage laws (209–214 // 22:22–23a). This, together
with their being appended as a replacement apodosis to the second miscarriage
law, allowed CC to dispense with casuistic formulation and to restructure them
as a summary list (see later, on the miscarriage laws).
But while the talion laws in CC are a digest of the more fully formed casu-
istic laws in LH, CC’s homicide laws are not. Despite its streamlined formula-
tion, the participial law in verse 12 has a protasis (“he who strikes and man and
he dies”) and apodosis (“he shall be put to death”). It thus stands as a complete
rule.22 Moreover, though deviant in their casuistic form, verses 13–14 are like-
wise syntactically complete laws. They also contain stylistic elements that are
not found in casuistic law. Some other influence must explain the divergent for-
mulation of the homicide laws beyond simply being cut loose from the context
of verses 18–21 and LH 206–208.
A primary influence on the reformulation of the homicide law appears to
have been another source that listed a number of capital crimes with protases
in participial form.23 This source determined the basic form, though not neces-
sarily the exact content, of verse 12. Use of this source and its forms, in turn,
fueled the divergent formulation of the appended law in verses 13–14.
The main reason for supposing that CC has used a participial source is that
CC displays two series of laws formulated participially with death penalties
attached: 21:12, 15–17 (laws about homicide, child rebellion, and kidnapping)
and 22:17–19 (laws about a sorceress, bestiality, and sacrifice to other gods).
Table 6.1 compares the forms of these various laws. Each law basically begins
with a participle that describes the illicit action. The participle may be followed
by the party affected by the illicit action. In some cases, a result is described,
extending or adding specification to the case. This is described with a perfect
Table 6.1: Participial laws in CC (read columns right to left)

Penalty Result Affected Party Participle Prefix Verse
‫מות יומת‬ ‫ומת‬ ‫איש‬ ‫מכה‬ 21:12

shall be put to death so that he dies a person one who strikes
‫מות יומת‬ ‫אביו ואמו‬ ‫מכה‬ ‫ו‬ 21:15
shall be put to death his father or one who strikes and
mother
‫מות יומת‬ ‫ומכרו ונמצא בידו‬ ‫איש‬ ‫גנב‬ ‫ו‬ 21:16
shall be put to death and sells him or a person one who steals and
he is found in
his possession
‫מות יומת‬ ‫אביו ואמו‬ ‫מקלל‬ ‫ו‬ 21:17
shall be put to death his father or mother one who curses and
‫לא תחיה‬ ‫מכשפה‬ 22:17
you shall not allow a sorceress
to live (or: [she]
shall not live)
‫מות יומת‬ ‫עם בהמה‬ ‫שכב‬ ‫כל‬ 22:18
shall be put to death with an animal one who lies any
. . . ‫יחרם‬ . . . ‫לאלהים‬ ‫זבח‬ 22:19
shall be to gods one who
exterminated . . . sacrifices
(suffixing) verb form with waw-consecutive. The apodosis (penalty) at the end
prescribes capital punishment, with verbs in imperfect (prefixing) form. In five
cases, this is described by the formula ‫“ מות יומת‬he shall be put to death.” The
other two cases use wording that is roughly synonymous.24 The law about the
sorceress may have originally had a G-stem verb “she shall not live” (‫) ִת ְחיֶה‬
rather than the D-stem of the MT. The verb ‫( יחרם‬C-passive) “he shall be
exterminated,” the penalty for sacrificing to other gods, fits a case of religious
treachery.25
The prior extracted list of participial laws in CC is similar to the list of
curses in Deuteronomy 27. In the citation here, the liturgical response of the
people is omitted:26
15
Cursed is the man who makes (‫ )אשר יעשה‬an image or idol, an abomi-
nation to Yahweh, the work of a craftsman hands, and puts it in a secret
place. . . .
16
Cursed is the one who curses ([‫ )מקלה ]מקלל‬his father and his mother. . . .
17
Cursed is the one who moves (‫ )מסיג‬the boundary marker of his
neighbor. . . .
18
Cursed is the one who makes the blind to stumble (‫ )משגה‬on the road. . . .
19
Cursed is the one who perverts (‫ )מטה‬the judgment of the immigrant,
orphan, or widow. . . .
20
Cursed is the one who lies (‫ )שכב‬with the wife of his father, because he
has uncovered the skirt of his father. . . .
21
Cursed is one who lies (‫ )שכב‬with a beast. . . .
22
Cursed is the one who lies (‫ )שכב‬with his sister, the daughter of his father
or the daughter of his mother. . . .
23
Cursed is the one who lies (‫ )שכב‬with his daughter-in-law. . . .
24
Cursed is the one who strikes (‫ )מכה‬his fellow in secret. . . .
25
Cursed is the one who takes (‫ )לקח‬a bribe, to strike the life of innocent
blood. . . .
26
Cursed is one who does not maintain (‫ )אשר לא יקים‬the words of this
teaching. . . .
The illicit action in this list is formulated for the most part with participles like
the laws in Exodus 21:12, 15–17; 22:17–19. Several of the cases are similar to
the topics of CC’s participial laws: illicit worship (v. 15; cf. Exod 21:19), cursing
parents (v. 16; cf. Exod 21:17), bestiality (v. 21; cf. Exod 21:18), and homicide (v.
24; cf. Exod 21:12). The main difference is that the conceptual apodoses consist
of the predicate adjective ‫“ ארור‬is cursed” instead of a verb describing a capital
sentence. This predicate adjective is placed at the beginning of the phrase (e.g.,
v. 16, ‫“ ארור מקלה ]=מקלל[ אביו ואמו‬Cursed is the one who curses his father and
his mother . . . ”). Though it is specifically unsaid, transgressions of the norms
in Deuteronomy’s list would no doubt be considered worthy of death. CC’s law
may have been influential on the list of curses in Deuteronomy 27 (vv. 16 [curs-
ing parents], 21 [bestiality]; maybe v. 24 [striking a fellow]; note also the men-
tion of the immigrant, orphan, and widow in v. 19 found in Exod 22:20–21, and
the taking of bribes in v. 25, found in Exod 23:8; see chapter 12). But it does
not seem that Deuteronomy’s list builds primarily on CC’s participial laws. The
list in Deuteronomy may reflect a separate tradition of describing actionable
cases in participial form, to which the presumed participial source used by CC
is related.27
Other biblical laws use a participle to describe the agent of a forbidden
action, followed by the formula ‫“ מות יומת‬he shall be put to death.”28 Although
these are not concentrated in a list, they show that this type of formulation was
a standard way of indicating a crime accompanied by capital punishment. The
closest we come to a collection of this type of law is the group in Leviticus 20
that uses the formula (‫(“ מות יומת)ו‬t)he(y) shall be put to death.” This is pre-
scribed for the evils of Molech worship (v. 2), parent cursing (v. 9—roughly
similar in form to Exod 21:17), adultery (v. 10; see previously), incest with one’s
mother (v. 11), incest with one’s daughter-in-law (v. 12), male homosexuality (v.
13), male bestiality (v. 15), female bestiality (v. 16), and necromancy (v. 27).29
Although a participle is not used in the protases, a conceptual equivalent is
employed: “a man/woman” (‫ )איש\אשה‬+ “who” (‫ )אשר‬+ prefixing verb describ-

ing the act (e.g., “curses” ‫)יקלל‬.
This confluence of evidence makes it reasonable to suppose that the parti-
cipial laws in CC derive from or pattern themselves on a preexistent short list
of participial laws accompanied by a decree of capital punishment. This would
have been a native source, not a cuneiform or otherwise foreign source, to tell
from the attestation of the form in the Bible broadly.
Unfortunately, it is difficult to specify what CC’s participial source looked
like—what its contents were and the specific form of the laws. We cannot sim-
ply extract the participial laws from CC to reconstitute that list. Nor can we
reconstruct it on assumptions of similar forms, metrical consistency, or the
lowest common denominator or intersection of sets. Just as CC has recast mate-
rial from LH and other cuneiform sources, so it has probably recast material
from the participial source. CC may also have omitted elements of the parti-
cipial source, just as it has omitted a significant portion of LH. We can no more
restore this source than we can restore Hammurabi’s legislation on the basis of
CC. The participial source was perhaps a small collection of a half dozen to a
dozen laws. Each was formulated with a participle and a death penalty with an
infinitive absolute construction, probably several with ‫מות יומת‬.30 Because the
source was presumably short with laws in similar formulation, it could have
been oral rather than written.31 Given the fact that this presumed source took
precedence over the form of LH in the formulation of the homicide law, it is
reasonable to suppose that this source did contain a law about homicide. Other
short lists of laws include homicide laws (Deut 27:24; Exod 20:13 // Deut 5:17).
We would also expect homicide to appear in a list of capital crimes. But if a
homicide law appeared in the participial source, we cannot say that it looked
just like what we find in Exodus 21:12. The prior discussion of correlations with
LH 207 noted that verse 12 could have theoretically been written differently.
The homicide law in the participial source may have displayed some of the
variations suggested there. It may have had a verb other than ‫“ הכה‬strike” (cf.
Gen 9:4), and it may have lacked the statement ‫“ ומת‬and he (the victim) died”
(cf. Lev 24:21; Deut 27:24).32
If the participial source had a law on homicide, this may also have appeared
at the beginning of that source. If so, this may have been a factor in CC’s mov-
ing the homicide law from the middle of LH 206–208 to the beginning of its
assault laws. Whatever its exact original formulation, the homicide law of the
participial source imposed the capital penalty for homicide and hence dealt
with, or could be understood as dealing with, intentional homicide. CC may
have used this law because LH lacked express legislation on this modality of
killing. After setting down this primary case, CC added verses 13–14, which
raise the issue of inadvertence, reflecting the concern of LH 207.
Chapter 7 discusses whether other participial laws in CC were original to
the participial source. To anticipate that discussion, the source may have con-
tained a parent cursing law like 21:17. This law was used as a replacement for
LH 192–193. The next chapter argues that this was primarily responsible for
bringing in the participial laws as a source for CC.
The Deviant Formulation of Verses 13–14
As noted previously, verses 13–14 should be viewed as part of the basic con-
figuration of CC because of their correlation with LH 207 in the motifs of inten-
tionality and sanctuary adjudication (implied in LH). But how is their deviant
formulation to be explained, especially their strange casuistic form, the quali-
fication they introduce over against the categorical proscription of homicide in
verse 12, and their use of the first person of deity and second person of audi-
ence, which deviate from the standard content of CC’s casuistic law otherwise?
Verses 13 and 14 each begin with divergent casuistic conjunctions. Verse 13
uses ‫אשר‬, which most understand as a conditional conjunction “if.”33 This usage
is clearly seen in various biblical passages (cf. Lev 4:22; Deut 18:22). Verse 14
uses the more normal conditional conjunction ‫“ כי‬if.” But this is out of context
in CC because this conjunction is used to introduce primary or initial cases.34
Subsidiary, secondary, or limiting cases are introduced generally by another
conditional conjunction, ‫“ אם‬if.”35
Why does CC disregard normal casuistic style in verses 13–14 if the verses
come from the same hand that imposes the ‫כי‬/‫ אם‬patterning elsewhere? It is not
altogether certain that ‫ אשר‬is a conjunction. It may be a pronoun coordinated
with the participle in verse 12: ‫“ מכה‬he who strikes . . . ” balanced by ‫ואשר לא צדה‬
“but he who did not plot. . . . ”36 This is a way of formulating a negative correlate
of a participial phrase, as found in Deuteronomy 27:26, already referenced:
‫“ ארור אשר לא יקים את דברי התורה הזאת‬cursed is the one who does not maintain the
words of this teaching. . . . ” ‫ אשר‬in Exodus 21:13 operates similarly.37 An objec-
tion that ‫ אשר‬must be a conjunction because of the presumed parallel structure
of verse 14 does not hold. Verse 13 is still conceptually a conditional construc-
tion, even when ‫ אשר‬is taken as a pronoun. The verse parallels and builds on
the implicit conditional construction in the participial law of verse 12: “he who
strikes (= if a man strikes) . . . shall be put to death” // “he who did not plot (= if
one does not plot) . . . I will appoint a place for him to flee.”
Further support for taking ‫ אשר‬as a pronoun is found in Deuteronomy 19.
This develops the homicide law of CC and has a similar distribution of the
terms ‫ אשר‬and ‫כי‬, as recently recognized by Jeffrey Stackert.38 The term ‫ אשר‬is
found thrice in verses 4–5 as a pronoun:
This is the ruling pertaining to the killer who may flee there and live (‫אשר‬
‫)ינוס שמה וחי‬, who strikes his fellow without knowledge (‫אשר יכה את רעהו‬
‫ )בבלי דעת‬and he had not hated him in the past—who (for example) goes
with his fellow (‫ )ואשר יבא את רעהו‬into the forest to chop wood and his
hand wields the axe to cut the wood and the head slips off from the shaft
and hits his fellow and he dies, he may flee to one of these cities and live.
Pronominal ‫ אשר‬in this passage is associated with the case of inadvertence, as

in Exodus 21:13. Later in Deuteronomy 19, the conjunction ‫ כי‬begins the section
on intentional homicide (v. 11):
But if a man has hated his fellow (‫)וכי יהיה איש שנא לרעהו‬, lies in wait for
him, rises against him, and strikes him fatally so that he dies, and then
flees to one of these cities, the elders of his city (of asylum) shall extradite
him from there and deliver him into the power of the blood avenger so
that he may be put to death.
This corresponds with CC’s second law, in Exodus 21:14. Even though radi-
cally changing the sense of CC’s homicide law, Deuteronomy 19 thus appears
to maintain the basic function of the framework terms of Exodus 21:13 and 14.
The use of ‫ אשר‬as a pronoun in verse 13 is not unlike its use in 22:8 within
CC: “He whom God convicts shall pay twofold to his fellow” (‫אשר ירשיען אלהים‬
‫)ישלם שנים לרעהו‬. The term is used as an independent pronoun, though here it is
an object of its contiguous verb rather than subject.39
If ‫ אשר‬in verse 13 is a pronoun, then the first conditional conjunction in the
homicide law is in verse 14. As the first, CC may have chosen to use ‫ כי‬and not
‫אם‬.40 In fact, the use of ‫ אם‬would have appeared equally anomalous. Neither
conjunction truly fits after the participial and negative pronominal clauses in
verses 12–13. Moreover, ‫ כי‬fits quite well conceptually because verse 14 cor-
relates with the primary law in verse 12, where the killer is guilty and is to be
put to death.
In addition to these considerations, freedom from a textual model may have
facilitated CC’s abnormal casuistic formulation. Although LH 207 could sug-
gest themes for verses 13–14, it did not provide a guide that could be followed
in detail. Two other aberrant conjunctions in CC can be explained similarly.
The rule about children as victims of a goring ox (21:31) and the rule about a
habitually goring ox goring another ox (21:36) are introduced with the simple
disjunctive conjunction ‫“ או‬or,” not the expected ‫“ אם‬if.” Neither of these laws
has a direct parallel in CC’s cuneiform sources; each is an invention based on
motifs in other laws. Verse 31 is based on a literal reading of the phrase mār
awīlim, “son of a man” in LH 251, whose ambiguity otherwise generated the
case of an adult victim in verses 29–30. Verse 36 is based on verse 29 (which is
based on LH 251) and extends the law of verse 35 (which is based on a law like
LE 53; see chapter 8).
The tension that one senses between the unqualified rule in verse 12 and the
qualification verses 13–14 is partly due to the use of sources. The participial
source behind verse 12 presumably did not refer explicitly to inadvertent homi-
cide, just as the compact homicide rules in Genesis 9:6, Deuteronomy 27:24, or
the Decalogue (Exod 20:13 // Deut 5:17) do not explicitly refer to inadvertent
homicide. The material about inadvertence in verses 13–14, based conceptually
on LH 207, was appended to this traditional formulation. Thus, if there is a con-
tradiction, it lies at the level of the sources used by CC, not in the redactional
development of CC. But the tension between verses 12 and 13–14 may not be as
great as one might think. The nature of Near Eastern law and casuistic law in
particular is to add qualifications to what appear to be categorical statements.
Verses 13–14 retrospectively provide the detail for the general rule in verse
12, much like the specific mention of the condition of daytime in the second
burglary law of 22:2a clarifies that the case of 22:1 deals with burglary at night
(see chapter 9).41
The issue of sanctuary adjudication in the determination of inadvertency,
as suggested by LH 206–207, opened the door for CC to bring motifs from the
altar law of 20:24–26 into verses 13–14.42 These motifs include the first person
of deity who speaks,43 the second person of audience,44 the use of the term place
(‫ )מקום‬referring to a sanctuary locale,45 and the altar at this place.46 Thus the
altar laws can themselves be considered an additional source—an innercom-
positional source—for the homicide asylum law. The argument of this book
is that both the altar laws and the homicide laws, including verses 13–14, are
part of the original formulation of CC. But one part of the text has to have been
written or conceived of before the other. In the case before us, the altar laws
appear to have been created first, based on the exhortatory block of LH, the part
of Hammurabi’s text that is conceptually primary for the creation of CC over-
all (see chapters 11–12). Verses 13–14 of the homicide law were subsequently
created under the influence of LH 207 and also the altar laws of 20:24–26. The
reason CC brought in motifs from the altar law at this particular point, and not
in other laws that speak of judicial processes at the sanctuary (21:6; 22:7–8, 10),
is the need to describe a specific mechanism—asylum at the altar—to forestall
premature execution of the killer.
The influence of the altar law also helps explain the unusual conditional
style of verses 13–14. That law interfered with CC’s possible formulation of
the homicide law in a purer casuistic form. The conceptually and legislatively
operative elements of verses 13 and 14 are in the apodoses of these verses: “ . . . I
will appoint a place for you to which he may flee” and “ . . . you shall take him
from my altar to be put to death.” These are the parts of the verses that specifi-
cally reflect altar law motifs. CC drew the motif of inadvertence from LH 207
but had its eye concentrated more particularly on the altar laws for the formula-
tion of verses 13–14.
Injury (21:18–19)
After the homicide laws, CC maintained the participial form for the child rebel-
lion and kidnapping laws of verses 15–17. The content and form of these laws
are discussed in chapter 7. In anticipation, it should be observed here that this
unit was influenced by the casuistic laws of LH 192–195 on parents and chil-
dren, with the kidnapping law of LH 14 taking the place of the disruptive wet-
nurse law of LH 194. A parent cursing law, presumably part of the participial
source, served to “translate” the parent denunciation laws in LH 192–193. This

led to formulating all of the capital laws in this area of the text in the participial
form, even if they were not part of the original participial source, and, as noted
before, moving homicide to the beginning of the capital laws.
When CC got back to content based on the injury-homicide series of LH
206–208 in verses 18–19, CC resumed standard casuistic formulation based
on LH (see the compared texts near the beginning of this chapter). The main
reason for resuming this form was mainly because the case in verses 18–19 was
not a capital crime. Another inducement for returning to casuistic formulation
was probably because LH 206–208 were a primary focus in the creation of the
laws in this area of the text. CC must have had this Akkadian pericope in mind
before composing the homicide law and the other participial laws of verses
15–17 and may have therefore anticipated from the start more normal casuistic
formulation for the injury laws of verses 18–19.47
The main correlations between the injury law of verses 18–19 and its source,
LH 206, were noted toward the beginning of this chapter. Perhaps the most vis-
ible difference is CC’s omission of the requirement of an oath declaring that the
injury was not intentional. CC appears to change the modality of Hammurabi’s
law. Instead of a law describing minimal liability as in LH, that is, the least
that one pays even if the injury was unintended, CC apparently prescribes a
case of maximal liability, that is, the most that one pays even if the injury was
intended.
A hint that CC’s law includes intentional injury is its inclusion of a “stone”
in verse 18 as a weapon, in addition to an ‫אגרף‬, which may mean “fist.”48 A
hand may be used in cases of inadvertence, as indicated by verse 13, which says
“God directed (him) to his hand ” (‫)והאלהים אנה לידו‬,49 as well as the use of the
verb strike (‫ )הכה‬in verse 12, which may not be limited to a hand but nonethe-
less primarily refers to such. The verb maāum “to strike” in LH 206 implies
a hand (compare LH 195, 202–205). CC’s inclusion of a stone, in addition to the
mention of a hand, indicates a measure of greater aggression, perhaps an offen-
sive stance rather than a mere defensive one. The homicide law in Numbers
brings instruments into a consideration of intent, though this is not by itself a
decisive criterion (Num 35:16–18, 22–23; cf. Deut 19:5). Another signal that
CC’s law includes intentional striking is the severity of the wound inflicted.
CC’s statement that the victim “takes to his bed” (‫ )ונפל למשכב‬exceeds the
simple description of LH, where the assailant merely “puts a wound on him”
(simmam ištakanšu), which does not indicate incapacitation. CC also adds the
phrase “and he does not die” (‫)ולא ימות‬. This is partly to provide contrast with
verses 12–14, where the victim does die from striking. It describes an alternate
case, much like “and he dies” (imtūt) in LH 207 serves to describe an alternate
case to LH 206. Yet the phrase “he does not die” in verse 18 also indicates the
possible severity of the injury, especially in conjunction with the phrase “and
he takes to his bed.” The injury may be one just short of death. These various
data do not definitively demonstrate that CC includes intentional injury. But at

the same time, there is no evidence in the law that it refers only to inadvertent
striking. As an alternative to the case of homicide in verses 12–14, which treats
both modalities in separate verses, verses 18–19 appear to include both intent
and inadvertence at the same time.50
One of the motivations for CC’s including the modality of intention in verses
18–19 perhaps comes from a contemplation and a rejection of the laws about
defamatory striking (LH 202–205) that immediately precede Hammurabi’s
series on unintentional injury and homicide.51 These deal with the noninjuri-
ous but deliberate striking of an awīlum or a commoner by another person of
equal or lesser status. The wider the gap in status, the more severe the penalty.
A commoner who strikes a commoner pays merely ten shekels of silver. An
awīlum who strikes another of equal status pays sixty shekels. An awīlum who
strikes another of a higher status receives sixty lashes in public. And a slave
who strikes an awīlum loses an ear. Including intentional battery in 21:18–19
meant that a penalty for striking another could be no more severe than what
these verses prescribe. In fact, CC may be viewed as capping damages when
it prescribes “he only pays for his period of inactivity (literally, sitting) and
provides for his cure” (‫ ;רק שבתו יתן ורפא ירפא‬v. 19b).52 By including intentional
injury in its law, CC was able to make a notable change to LH 206. It added the
requirement to pay lost wages in addition to medical expenses. Hammurabi’s
law requires only payment of the physician.
The limitation of the penalty in verse 19b must also be understood in the
context of the description of the victim’s recuperation in verse 19a, which
has no counterpart in LH: “if he rises and walks about outside on his staff”
(‫)אם יקום והתהלך בחוץ על משענתו‬.53 The “rising” of the victim here contrasts with
his “sitting” (‫ )שבת‬later in the verse. As soon as he gets up and moves about,
“the striker is not liable” (‫)ונקה המכה‬.54 As case law, verse 19 gives only one
example of how the victim’s recuperation might proceed. It does not mean that
he must, in fact, walk about outside with a staff. It means that when the victim
shows signs of recovery, even if it is not a full recovery, the assailant is no lon-
ger liable for homicide, even if the victim were to die after turning this corner.55
A similar denouement is considered in the following slave law (v. 21; see later).
When understood thus, CC’s law both limits and increases penalties in the
case of injury vis-à-vis LH. It reduces any excessive penalty for injuries result-
ing from intentional striking and raises the penalty (i.e., paying lost wages) for
unintentional striking. This combination of leniency and stringency is com-
parable to the slave homicide and injury laws in verses 20–21 and 26–27. CC
has conflated laws for debt- and chattel-slaves in these verses. Hence, when the
slave killed or injured is a chattel-slave, the penalties are more severe than what
LH prescribes for its chattel-slaves. When the slave is a debt-slave, the penalties
are less severe than what LH prescribes for its debt-servants in LH.
CC’s changes in the penalties for intentional and unintentional injury in

LH are ultimately to be coordinated with changes made in the talion law (vv.
23b–25, discussed later). We will see that CC’s talion laws are concerned with
unintentional injuries as opposed to those in LH (LH 196–201), which are
concerned with intentional injuries. CC has, in essence, exchanged the places
where intention is featured in the injury laws in respect to LH. CC made a
further change to Hammurabi’s talion laws by changing penalties that require
bodily mutilation in LH into monetary compensation equivalent to the injury.
Thus CC’s injury and talion rules prescribe compensation. The main difference
between them, in addition to the varying modalities of intent, is that the talion
rules include permanent injuries, whereas the injury law of verses 18–19 is
presumably concerned with transient injuries. The description of the person’s
recuperation in verse 19a—walking on a staff—is a sign of being on the road to
full recovery.56 This is not necessarily an indication of imperfect recuperation.
The intent of this datum and the phrase in which it appears is only to indicate
the point when the liability for possible homicide ends and when the period of
lost wages ends.57 The payments that CC’s injury and talion laws require are
thus comparable; they are both disability payments. In the injury law, the pay-
ment is for temporary disability, for the time of the victim’s inactivity. In the
talion laws, the payment is for permanent disability. In both cases, the text has
left the amounts unspecified, similar to what it has done in the first miscarriage
law (v. 22), the goring ox law for victims who are free persons (v. 30), and the
seduction law (22:15–16). The only specific amount that CC sets down is thirty
shekels for a gored slave (21:32).
Where did CC come by its notion of paying for lost wages in verse 19? This
has a conceptual parallel in HtL 10:58
If someone injures (hunikzi) a person and makes him ill (istarnikzi),59 he
shall provide for his cure (saktaizzi). In his place he shall give a person.
He (the provided person) shall work at his estate while he (the victim)
is recovering. When he recovers, he (the assailant) shall pay six shekels
of silver and he likewise will give payment to the physician (LÚA.ZU-ya
kuššan apašpat pai).
This law requires compensation for lost labor in providing a person to work the
victim’s estate. One can note further than this law is similar to CC’s in stating
that the victim is incapacitated in some way (“makes him ill” // “take to his bed”)
and that the person recovers (“when he recovers” // “when he gets up and walks
about outside”). The Hittite law is also similar to CC in not making the issue of
intention explicit.60 While the Hittite Laws cannot be considered a source for CC
(as noted in chapter 4), it is possible that there was another Akkadian source that
contained some of the motifs found in common in CC and HtL 10 over against
LH 206. At the same time, the motifs in CC similar to the Hittite law could have
been generated independently by CC’s revision of LH 206.
Killing a Slave (21:20–21)
As noted at the beginning of this chapter, the law on killing a slave in verses
20–21 correlates with Hammurabi’s law about killing a commoner in LH 208
(see the compared texts near the beginning of this chapter).61 CC has changed
the social status to fit the simpler sociology of its text. The alteration may have
sought to make the law accord with CC’s own social world or to make it appear
archaic. That CC conflates debt- and chattel-slaves in this law (see later) allows
thinking that its slave laws are somewhat artificial. This supports viewing the
sociological simplification as an act of archaizing, to make the law collection
appear as a revelation in Israel’s past. Archaizing is visible also in the use of the
terms Hebrew (21:2) and chieftain (22:27).
Writing a law about a slave instead of a commoner is based on Hammurabi’s
text. Laws in the immediate vicinity of LH 206–208 are socially graded and
include slaves: LH 196–201 (talion), 202–205 (defamatory striking), 206–208
(injury/homicide), 209–214 (miscarriage), 215–217 (successful surgery), 218–220
(unsuccessful surgery), 221–223 (successful bonesetting). Laws elsewhere in LH
also manifest similar social gradations (LH 8, 116, 117–119, 139–140, 229–231,
250–252). These various laws demonstrated for CC that a case of a slave could
equally come after a case involving a free person. In other laws, CC follows LH
in drafting socially graded laws that include slaves: the talion laws in verses 23b–
27, which imitate LH 196–201, and the goring ox laws in verses 28–32, which
imitate LH 250–252. Note that the slave laws that are part of the talion series in
CC also replaced a commoner with a slave (v. 27 // LH 201; discussed later).62
Specific influences from the series to which LH 208 belongs are visible in
verses 20–21, despite CC’s change of the victim’s social status. The introductory
conditional clause in verse 20, “if a man strikes” (‫)וכי יכה איש‬, is based on the
beginning of LH 206, “if a man strikes . . . ” (šumma awīlum . . . imtaama). LH
208 assumes this condition from LH 206. The full statement of the condition in
verse 20 is necessary because it introduces a new context—a master beating a
slave, perhaps to get him or her to work—in contrast to LH 208, which just con-
tinues as a subcase of the simpler battery and homicide laws of LH 206–207.63
In addition, the notice that “and he (the slave) dies” (‫ )ומת‬can be seen as coming
from LH 207, “if he dies from his beating” (šumma ina maāīšu imtūt). CC
had to provide this datum because it moved the homicide law, which has this
datum (cf. v. 12 and LH 207) and conceptually belongs between verses 18–19
and 20–21, to the beginning of the assault laws, as noted previously.
But CC’s law is otherwise significantly different from LH 208 and the series
to which it belongs, even when one takes into account the change from com-
moner to slave. The biblical law actually consists of two laws, not one, unlike
LH 208.64 The stimulus for these laws and for several of the differences within
them comes from the inclusion of motifs from the debt-servitude law of LH
115–116,65 laws that CC presumably knew because it used the debt-servitude
laws that immediately follow (LH 117–119) to create its basic debt-slavery law
in verses 2–11 (see chapter 5):
Exodus 21:20–21 LH 115–116

20 115
If a man strikes his male slave If a man is owed grain or silver
or female slave with a rod and he by another man and he (the creditor)
(or she) dies under his hand (i.e., takes from the debtor the one to serve
then and there), he (the victim) is as a debt-servant into debt-servitude,
to be avenged. and then the debt-servant dies by
natural causes in the house of the
creditor, that case has no claim.
21 116
But if he lingers for a day or If the debt-servant dies from beating
two, he (the assailant) shall not or from mistreatment in the house of
suffer vengeance, since he is his his/her creditor, the owner of the debt-
(the master’s) silver (i.e., servant (= the debtor) shall bring proof
property). against his merchant. If (the debt-servant
was) the man’s son, they shall kill his
son. If (the one in bondage was) the
man’s slave, he shall weigh out one-third
mina (= twenty shekels) of silver. He
shall forfeit as much as he gave as a loan.
‫וכי יכה איש את עבדו או את אמתו בשבט‬20 115
šumma awīlum eli awīlum še’am u
‫ומת תחת ידו נקם ינקם‬ kaspam išūma nipûssu ippēma nipû-
tum ina bīt nēpīša ina šīmātīša imtūt
dīnum šū rugummâm ul īšu
‫אך אם יום או יומים יעמד לא יקם כי‬21 116
šumma nipûtum ina bīt nēpīša ina
‫כספו הוא‬ maāim ū lū ina uššušim imtūt bēl
nipûtim tamkāršu ukânma šumma mār
awīlim mārašu idukkū šumma warad
awīlim 1/3 mana kaspam išaqqal u ina
mimma šumšu mala iddinu ītelli
CC’s laws are in the reverse order of Hammurabi’s, as Schwienhorst-

Schönberger has observed.66 Verse 20 correlates with LH 116, where a holder of
an enslaved person strikes and kills that person. The two laws correlate in the
use of the verbs ‫ הכה‬and maāum, a correlation found between other striking
laws in CC and LH.67 The contexts of both laws portray the beating as mis-
treatment. Both require a severe penalty, “vengeance” (to be explained later)
in CC or vicarious capital punishment in LH, if the victim is a man’s son (cf.
LH 117). LH 116 probably mentions only the case of a son because it is more
likely that a father would surrender his son before he would surrender himself
to pay off a debt (cf. LH 117).68 Verse 21 correlates with LH 115 in absolving the
slaveholder. In CC, “he (the owner) will not suffer vengeance” (‫ ;)לא יקם‬in LH
“that case has no claim” (dīnum šū rugummâm ul īšu), the same outcome as in
a case of ad hoc ox goring (LH 250; cf. 21:28).69 Although verse 21 represents
the death as occurring ultimately from a beating, it correlates legally with the
natural death of LH 115 because death is not immediate and therefore causa-
tion may be questioned. The reversal of the order of the laws has allowed CC to
recontextualize the natural death of LH 115.70
The reversal of the laws’ order is comparable to the reversal of the order of
child rebellion laws (21:15 // LH 195; 21:17 // LH 192–193) and the homicide and
injury laws (21:12–14 // LH 207; vv. 18–19 LH 206). These reversals all have a
contextual rationale. Striking a parent (21:15) comes before cursing because it
is related to the context of homicide (vv. 12–14). Homicide comes before injury
(vv. 12–14) because it is proper to put it at the beginning of a list of assault
laws. Liability for the death of a slave comes before exemption for liability (v.
20) because it is generated primarily from the context of LH 208 and relates to
verses 18–19 (which come from LH 206).
The Conflation of Slave Types
The use of laws on phenomenologically distinct classes of subjugated persons is

responsible for the tension found between verses 20 and 21, where a homicidal
master is exempt from vengeance if his victim lives at least a day.71 The leniency
in the law, in verse 21, is due to the use of legal perspectives pertaining to chattel-
slaves. These perspectives come into the law through substituting the commoner
in LH 208 with slaves from the socially graded laws in the environment of LH
208. The slaves in these nearby laws are chattel-slaves, designated by the terms
wardum “male (chattel) slave” and amtum “female (chattel) slave.” They are the
owner’s property and may be treated with harshness, even lethal harshness. LH
never describes or punishes injury or death caused by an owner to his or her own
chattel-slave. It legislates only about injury and death caused by an outside agent
(e.g., LH 199, 213–214, 217, 219, 220, 223).72 In such cases, the owner is economi-
cally compensated by the person who caused the injury or death. According to the
implication of Hammurabi’s system, if an owner injured or killed his own slave,
it would be his or her own loss.73 This is why verse 21 does not require vengeance
against the owner if the death of the slave is not immediate. CC encodes the eco-
nomic principle operative in a case of chattel-slavery as found in LH when it adds
the rationale: “because he (the slave) is his (the owner’s) silver” (‫)כי כספו הוא‬.74
This principle would lead one to expect that the owner should not be liable
even if a chattel-slave died immediately from the beating. The stricture of verse
20 comes from the inclusion of the law about a debt-slave in LH 115–116 who
is not called a wardum or amtum, but a nipûtum. In contrast to legislation about
chattel-slaves, this Akkadian law describes and punishes a person’s deadly
abuse of his own debt-servant. CC accordingly prescribes vengeance when an
owner beats and kills his slave the same day. A significant difference, however,
is that LH places no time limit on the death of the debt-servant. Presumably, if
the victim died a week later and the causation between beating and death was
clear, the creditor would be punished.
This source analysis helps answer the question, Do verses 20–21 have in
mind chattel-slaves or debt-slaves? The answer is yes.75 CC apparently includes
both types of slave in the same law. By combining the legislation, it ameliorates
the condition of chattel-slaves by providing a sanction against a beating that
would lead to immediate death. An owner cannot brazenly kill a slave. But it
lessens the protection of debt-slaves by allowing them to be beaten harshly,
even to death, as long as they do not immediately succumb.
The blending of chattel- and debt-slave perspectives is visible in CC’s other
slave laws. The slave injury laws in verses 26–27 primarily develop from the
talion laws of LH 196–201. The slaves spoken of in these Akkadian laws are
chattel-slaves. But CC has made some significant changes. The agent of the
injury is not external, but the owner of the slave. Furthermore, instead of pre-
scribing monetary payments, CC requires that the owner “send him away free
for his eye/tooth” (‫)לחפשי ישלחנו תחת עינו\שנו‬. This is similar to the language
of the debt-slave law in 21:2: “in the seventh (year) he shall go free without
further obligation” (‫)ובשבעת יצא לחפשי חנם‬. If the biblical victim was merely a
chattel-slave, the punishment would not make sense because, as noted before,
this would be damage to the owner’s own property. The blind or toothless slave
would just continue to work for the owner, though with some disability. But
the penalty makes perfect sense if CC’s law includes debt-slaves. Permanent
injury to a debt-slave by a creditor terminates the debtor’s obligation. He or
his indentured surrogate goes free.76 The principle at the end of LH 116 that
speaks about killing a debt-servant applies here: “he (the creditor) shall forfeit
whatever he gave (as a loan).”
The law of 21:26–27 might be thought to apply only to debt-slaves. Unlike
verses 20–21, it does not contain internal friction that would make one think
that chattel-slaves are included. However, the source analysis presented later
indicates that verses 26–27 develop out of chattel-slave legislation in LH, as just
noted. Moreover, the verses speak of slaves the same way as verses 20–21. Thus
one can reasonably conclude that both chattel- and debt-slaves are included in
verses 26–27.
It is less clear if the slaves in verse 32 of the ox law include both chattel-
and debt-slaves. When an ox fatally gores a male or female slave, the owner
is to pay thirty shekels to the slave owner. This closely follows LH 252, which
speaks of a chattel-slave (see chapter 8). This is the only slave law in CC where
the party responsible for killing a slave is an external agent, not the owner. It
thus fits the phenomenology of chattel-slavery in LH. There are two differences
in CC’s law, however, that make us hesitate to conclude that CC speaks of only
chattel-slaves here. First, CC has increased the penalty from twenty to thirty
shekels, the same amount that LH 251 requires in a case where the victim is a
free person. This increase therefore fits a case of a debt-slave because such a
person is potentially free or comes from the free class of society. Second, verse
32 speaks of both a male and female slave (an ‫ עבד‬and ‫)אמה‬, as do the other slave
laws in verses 20–21 and 26–27. This makes one suspect that same types of
slaves are intended in verse 32. One difficulty in this interpretation is that one
would expect the law to prescribe compensation to the family of a debt-slave
if this type of slave is included. The law probably presumes, however, that the
debt is canceled; this is the family’s compensation. Because the creditor is not
responsible for the death, he is indemnified for his financial loss by the thirty
shekels.77
In contrast to verses 20–21, 26–27, and 32, the primary legislation on debt-
slaves in verses 2–11 speaks only of debt-slaves, even though the same terms
for slaves (‫ עבד‬and ‫ )אמה‬are used there as in the laws later in the chapter. That
only debt-slaves are intended here is evident in the limiting adjective Hebrew
(v. 2), meaning the slaves are from the free national group. The daughter and
her father who sells her (v. 7) are, by default, also of the free national class. But
even though these verses speak only of debt-slavery, CC has used laws on both
debt-servitude (LH 117, as well as 118–119) and chattel-slavery (from LH 282
and even 278–282) to build its legislation, as described in detail in chapter 5.
In summary, CC treats debt-slaves in 21:2–11 and debt-slaves and chat-
tel-slaves together in verses 20–21, 26–27, and 32.78 Chattel-slaves alone are
referred to only in passing. The wife given to the Hebrew debt-slave in 21:4 and
who bears him children is presumably a chattel-slave, the permanent property
of the debt-slave’s master/creditor. A female chattel-slave and her offspring are
echoed in the term ‫“ בן אמה‬son of a slave woman,” who, according to the final
apodictic laws, receives refreshment from seventh-day rest (23:12).
Why did CC conflate slave legislation from LH in its law? A number of fac-
tors may have been involved, independently or mutually. Part of the stimulus
may have been native terminology. The terms ‫ עבד‬and ‫ אמה‬apparently referred
to both chattel- and debt-slaves in Israelite/Judean parlance. The Bible else-
where, and in passages independent of the context of CC, mainly uses these
terms of chattel-slaves. Because the terms could refer to both, CC brought
together legislation in LH that phenomenologically related to both types of
dependent persons. Moreover, it may be that in CC’s society, debt-slaves were
effectively treated as chattel-slaves, permanently enslaved and even harshly
treated. The failure of the people to implement Deuteronomy’s version of the
debt-slave law (cf. Deut 15:12–18), according to Jeremiah 34, points to this.
CC’s rulings, though they impose stricture on the treatment of debt-slaves with
respect to Hammurabi’s legislation, may actually provide relief for them in the
context of Israelite and Judean society. In this interpretive framework, pre-
scribing sanctions for the same-day killing of a debt-slave in Exodus 21:20 may
actually be an improvement over native custom. Similarly, CC’s lengthening
of Hammurabi’s time limit for debt-slavery from three to six years (LH 117
and v. 2) may actually be a limitation of service customarily lasting a lifetime
or much longer than six years. The jubilee legislation in Leviticus 25, which
prescribes, on average, a much longer period of enslavement for debt, may be
a more realistic reflection of native custom. Thus Mesopotamian cultural and
legal values may have been used to ameliorate this harshness.
CC’s archaizing tendency may also be responsible for the merging of legis-
lation. It attempted to portray an imagined earlier sociology where these two
types of slaves were indistinguishable. As archaic practice and law, it repre-
sents an ideal, which is attractive not necessarily in its ethical force, but in its
phenomenological simplicity.
It is also possible that ideological concerns played a role. The strings of
CC’s final apodictic laws each begin with a prohibition against oppressing the
immigrant, followed by a rationale that the Israelites were once immigrants
in Egypt (22:20; 23:9). Deuteronomy rearticulates the rationale in these
verses to read “that you were a slave in Egypt.”79 This is consistent with the
perspective in CC. As slaves in Egypt, the Israelites were chattel-slaves, not
debt-slaves. For this reason, CC may have infused chattel-slave laws and per-
spectives from LH with motifs of leniency from Hammurabi’s debt-servant
legislation.
Finally, the conflation of the two types may come from a combination of
CC’s concern about socioeconomic marginality (discussed in chapter 11) with
a need to write a short law collection. Blending the two types is a way of cov-
ering a range of law about dependent individuals without having to provide
separate legislation about the two types.80
Vengeance and Vicarious Punishment
One of the difficulties in understanding verses 20–21, which bears on their cor-
relation with LH 115–116, is the verb ‫נקם‬. Attestations of the root in the Bible
indicate that it refers to taking vengeance and specifically to taking capital
vengeance.81 Thus one cannot argue, as some have, that it merely means paying
a fine, as in the law where a slave is gored by an ox (21:32).82 One interpretation
that is attractive in view of CC’s dependence on LH is that the verb includes
the possibility of vicarious capital punishment, as prescribed by LH 116.83 If
the slave is the son of a debtor, the creditor’s son should be put to death. This
interpretation is supported by the use of ‫ נקם‬in the Bible in some cases to refer
to collective punishment, including persons other than or in addition to the
offender.84 Given the uncertainties in interpreting CC, this understanding is not
impossible. If it can be proved independently of LH 116, then it reinforces the
evidence for CC’s dependence on these particular Akkadian laws.
But CC appears to reject vicarious punishment.85 This is most clearly seen
in the law about an ox that gores and kills a person after its owner has been
warned to control it. CC saw an ambiguity in the source law, LH 251. The vic-
tim in this case is described as mār awīlim, which can be understood as “a per-
son of the awīlum class” or, literally, “a son of an awīlum.” CC therefore wrote
verses 29–30, which assume the first interpretation, with an adult as the victim.
Then it added verse 31 reflecting the alternative interpretation: “or if it gores a
son or if it gores a daughter, it shall be done for him according to this (the
foregoing) law.” That is, the owner of the ox is to suffer the punishment, not
his child. CC also avoids mention of vicarious punishment in its miscarriage
law (vv. 22–25). Instead of copying the apodosis of LH 210 (“if that [pregnant]
woman dies, they shall kill his [the assailant’s] daughter”), CC inserted the
talion law (vv. 23b–25, “you shall pay life for life, eye for eye . . . ”; see the
discussion later). Thus in three cases, including verses 20–21, where CC could
have explicitly written a vicarious punishment law, it has avoided it.
It is possible to argue that CC has rejected vicarious punishment in the ox
and miscarriage laws because the victim is a free person but allows it in the
slave-homicide because the victim is a slave. A difficulty with this is seeing
vicarious punishment as a lesser form of punishment that would correspond
with the lesser status of the slave. Because vicarious punishment affects per-
sons beyond the immediately responsible party, it seems to be a more severe
form of punishment. In any case, LH views it as form of measure-for-measure
punishment. Thus it is not qualitatively much different from a more economi-
cally stated capital penalty.
Another problem with interpreting ‫ נקם‬as entailing vicarious punishment is
that CC’s law says nothing about the victim being a child or other dependent
family member, in contrast to LH 116. Without this context, the law seems
to be uninterested in this punitive option.86 Moreover, the interpretation does
not make sense when it is recognized that the slave killed could be equally a
chattel-slave, as explained in the preceding section of this chapter. Who is to be
punished vicariously in such a case?
So why did CC use the verb ‫ ?נקם‬One possibility is that the verb’s lack of
clear specificity allows for variable punishment, similar to the case of the gor-
ing ox whose owner has been warned but who does not control the animal
(21:29–30). In that law, CC first and ideally requires capital punishment (“the
owner of the ox shall also be put to death”). But it adds the alternative of pay-
ing a fine (v. 30), called a “ransom,” paid presumably to the victim’s family.
The reason for CC’s allowing compensation in this case is the presence of the
mitigating factors of negligence and the indirect cause of the homicide. Exodus
21:20–21 similarly features mitigating factors. The victim is a slave, and beat-
ing is allowed as an inducement to work. The verb ‫ נקם‬therefore brings to mind
primarily capital vengeance, but because it stops short of literally calling for
the death of the assailant, allows for compensation if the determining parties
so desire.87
Another reason for the use of ‫ נקם‬may have to do with the law’s inclusion
of both chattel-slaves and debt-slaves, as demonstrated earlier. The term may
indicate variability of punishment depending on the specific status of the slave.
If he or she is a debt-slave—that is, a Hebrew national—then capital punish-
ment would be exacted; if a chattel-slave of foreign origin, then a less severe
penalty might be exacted.88 Like the explanation in the preceding paragraph,
the root ‫ נקם‬refers to the stringent penalty but also allows for the lesser. Another
way of looking at this is that in a real social context, the debt-slave would have
kin to prosecute his or her murder. A foreign chattel-slave, however, might
not.89 CC uses ‫ נקם‬to cover whatever penalty might be required in a particular
case, without specifying it in detail.
Before we turn to the miscarriage laws, we should observe that, as indicated
in several places in the discussion so far, CC’s slave homicide law is concerned
with intentionality.90 It thus complements the laws on homicide (vv. 12–14) and
injury (vv. 18–19), as well the laws on miscarriage and talion (vv. 22–25), which
manifest this concern. Like the injury law in verse 18, verse 20 mentions an
instrument used to cause death (i.e., “with a rod” ‫)בשבט‬. This parallel is one
of contrast. The law presumes that a slave owner has a right to strike a slave,
even with a rod, to get him or her to work. The law locates the marker of intent
elsewhere, in the time of death. If the slave dies the same day, the owner may
be seeking to kill him or her. If the slave does not die immediately, the homi-
cide was not intended.91 The concern about intentionality is generated from the
source texts. LH 208 is part of the series of laws that deals explicitly with unin-
tentional injury and homicide. This correlates specifically with the presumed
lack of intentionality behind the slave’s death in verse 21 (the slave’s death must
be assumed in this verse for the absolution clause to make sense). The concern
about intentional homicide comes from LH 116: “if the debt servant dies from
beating or from mistreatment (ina maāim ū lū ina uššušim imtūt). . . . ” The
infinitival clause ina uššušim refers to causing physical distress and implies
intent to do harm.92 CC’s wording, “if a man strikes . . . with a rod and he dies
under his hand” (‫ בשבט ומת תחת ידו‬. . . ‫)וכי יכה איש‬, similarly indicates an intent
to do harm.
Miscarriage (21:22–23)
Immediately after the common sequence of laws about injuring a person and
providing therapy (Exod 21:18–19 // LH 206) and about killing one of a lower
class (vv. 20–21 // LH 208), LH and CC set down laws about aggravated miscar-
riage (vv. 22–23 // LH 209–210).93 Thus all of verses 18–23 correlates closely
with LH. Because of the contiguity of Hammurabi’s laws on injury/homicide
(LH 206–208) and miscarriage (LH 209–210), one would suspect that the latter
were as much a focus of CC’s attention in crafting its system of punishments
for homicide and injury as were the former. This suspicion is verified when one
realizes that the talion laws, which are attached to the miscarriage law in verses
23b–25, fill in a substantial legislative gap left in the homicide laws in verses
12–14. CC waits until its talion law to finish writing its homicide legislation.
CC’s miscarriage law contains two cases. These correspond to the two cases
in its source, LH 209–210:94
Exodus 21:22–25 LH 209–210

22 209
When men struggle and they knock a If an awīlum strikes an
pregnant woman and her fetus comes out awīlum-woman (literally:
but there is no calamity, he shall be fined daughter of an awīlum) and he
as the husband of the woman exacts from causes her to miscarry her fetus,
him, and he shall pay biplīlîm. he shall weight out ten shekels of
silver for her fetus.
23 210
If there is calamity, you shall pay life for If that woman dies, they shall
life, 24eye for eye, tooth for tooth, arm for kill his daughter.
arm, leg for leg, 25burn for burn, injury (LH 211–212, 213–214 treat the
for injury, wound for wound. aggravated miscarriage of a
commoner and slave woman.)
‫וכי ינצו אנשים ונגפו אשה הרה ויצאו ילדיה ולא‬22 209
šumma awīlum mārat awīlim
‫יהיה אסון ענוש יענש כאשר ישית עליו בעל האשה‬ imama ša libbīša uštaddīši 10
‫ונתן בפללים‬ šiqil kaspam ana ša libbīša išaqqal
‫עין תחת‬24 ‫ואם אסון יהיה ונתתה נפש תחת נפש‬23 210
šumma sinništum šī imtūt
‫כויה‬25 ‫עין שן תחת שן יד תחת יד רגל תחת רגל‬ mārassu idukkū
‫תחת כויה פצע תחת פצע חבורה תחת חבורה‬
The first laws in both passages consider a case where the child is born dead,
and the second laws, a case where the mother also dies or, according to the
talion extension in CC, suffers injury. This correlation puts to bed the argument
that in a supposed earlier formulation that lacked verses 24–25, CC’s two laws
were concerned only about the status of the child, with verse 22 treating prema-
ture birth (but not death of the child) and verse 23 dealing with miscarriage.95
CC could have certainly changed the intent of its Akkadian source to create a
law of this type. But there is no clear indication that CC seeks to modify the
two basic conditions of Hammurabi’s laws. In any case, the talion law in verses
23b–25 has to be considered part of the original text, as shown later. Its pres-
ence constrains the interpretation of the miscarriage laws and forces one to
understand verse 23a as referring to the woman’s death.96
A wild card in the interpretation of CC is the term ‫ אסון‬in verses 22 and 23.
It may be understood so that the biblical law means something quite different
from Hammurabi’s. For example, Westbrook has argued that the term means
“a case of a perpetrator unknown.” The phrase “and there is no ‫ ”אסון‬in verse
22 is conceptually a double negative: “it is not a case in which the perpetra-
tor is unknown”; that is, the perpetrator is known. Therefore, he pays the fine
of verse 22b. The second law describes a case where the perpetrator is not
known or determinable. In this case, the community—that is, the “you” of “you
shall give” ‫ ונתתה‬in verse 23—provides the remedy. It is actually this problem-
atic second-person verb that leads Westbrook in his search for a new meaning
for ‫אסון‬.97 We see, later, that the verb does not refer to community resolution;
rather, it introduces a general law of wider applicability than just miscarriage.
The word ‫ אסון‬is attested elsewhere only in Genesis, but that attestation pro-
vides a sufficient guide for interpretation. There it refers to the misfortune that
might befall Benjamin, Joseph’s brother (Gen 42:4, 38; 44:29). Jacob’s descrip-
tion of what happened to Joseph—being torn by a beast—is the sort of incident
included under this term (44:28).98 The meaning of ‫ אסון‬must accordingly be
something like “calamitous or unexpected death.”99 Thus verse 23 of the mis-
carriage law, which says that “there is ‫אסון‬,” means that the mother has suffered
an unfortunate and unexpected death. This makes sense especially in the con-
text, where the death is unintended (see later).
A problem for this interpretation of ‫ אסון‬is the list of injuries in verses 24–25.
These seem to broaden the meaning of the term to a range of bodily suffering
that includes all of the injuries in that list.100 This makes verses 24–25 appear
to be a secondary addition, which seems not to have understood the sense of
‫אסון‬. The source hypothesis of this study provides a solution. The contradic-
tion comes from CC’s using different laws for constructing verses 22–23 and
24–25. The body of the miscarriage law is based on LH 209–210, which speak
of the death of the woman (not her injury). CC has carried over this meaning in
its use of the term ‫אסון‬. The talion list in verses 24–25 is based primarily on the
talion laws in LH 196–201 and partly on the injury motif of LH 206 (see later).
This led to the listing of injuries that exceeds the context of the basic miscar-
riage law. CC apparently felt that introducing this contradiction was tolerable,
because its apodosis in verses 23b–25, while giving a judgment pertaining to
the death of the pregnant woman in verse 23a, also introduced a general law of
broader applicability (see later).101
Another terminological problem, related to the meaning of ‫אסון‬, is the mean-
ing of ‫ויצאו ילדיה‬, literally “her children come out,” in verse 22. The forego-
ing considerations indicate that this must refer to a miscarriage. As for the
awkward wording, some argue that the original text was a singular, like the
Samaritan ‫“ ויצא ולדה‬her child comes out,” and that the sequence of letters was
wrongly divided, yielding a plural verb, which in turn led to a “correction” in
the writing of the noun.102 Others take the MT as the original reading but say
that it allows for a case of multiple pregnancy. Some say it refers to the wom-
an’s losing her ability to bear children.103 Schwienhorst-Schönberger makes the
appealing argument that the plural is a way of referring to the fetus.104
Though CC follows the basic pattern of LH in the two cases of its miscar-
riage law, it changes the modality of intention. LH 209–210 presume that the
striking is intentional.105 When the pregnant woman dies, the assailant’s daugh-
ter is to be killed. This is explicable only if the attack were deliberate. If it were
inadvertent, LH would require only payment of a fine of thirty shekels of silver
after taking an oath of innocence, as prescribed by LH 207. LH 209–210, more-
over, describe the striking as direct, with no hint of hesitation or accident. The
case is similar to the descriptions of injury in the talion laws of LH 196–201
and the laws on humiliating striking in LH 202–205. The former laws entail
intentional injury in view of their grievous penalties; otherwise, LH 207 would
apply. The latter clearly entail intentional striking.
CC’s talion law, in contrast, involves inadvertence.106 The term ‫ אסון‬points

to a lack of intent if it means “unexpected/unfortunate death,” as argued pre-
viously.107 A more decisive datum is contextualizing the assault in a fight.108
CC brings this in from LH 207, which it duplicated also in verse 18.109 But in
contrast to verse 18, where an injury occurs to one of the pugilistic parties, the
assault on the woman in verse 22 is an unintended outcome. The men fight and
happen to “knock” (‫ )נגף‬her.110 She is not portrayed as a party in the fight, like
the woman in Deuteronomy who grabs the testicles of a man fighting with her
husband (Deut 25:11–12; cf. MAL A 8).111 CC describes the fighting with the
verb ‫נצה‬, as opposed to ‫ ריב‬in verse 18. The verb ‫ נצה‬is probably used because
it more particularly describes a physical struggle, as opposed to ‫ריב‬, which can
refer to a verbal dispute as well.112 The verb ‫ נצה‬further means that the men are
already striking one another; the contest is more advanced than that in verse
18.113 The introduction of the motif of fighting in verse 22 can help explain the
inconsistency when that verse speaks of two men fighting yet of only one being
punished. This is the result of CC’s attention to two different sources: the two
men fighting from LH 207 (and v. 18) and the single assailant in LH 209. The
inconsistency is an artifact of the imperfect blending of sources.114
Before turning to the penalties for aggravated miscarriage in CC, we should
observe that CC replicates only LH 209–210. It does not go on to treat a victim
of a lower social status, as found in LH 211–212 (a female commoner) and LH
213–214 (a female slave). It might be thought that CC would include at least a
slave woman, since it includes slaves in socially graded laws in verses 20–21,
26–27, and 32. CC may have intended its law to cover all classes of women by
not giving specific amounts for damages, in contrast to LH 209–214. A lesser
amount would be paid for the fetus of a slave woman and her injury or death.
But CC may not even be thinking about slaves in verses 22–23 because in verse
22 the penalty is imposed (and received) by the woman’s husband. If the victim
were a slave woman, the penalty would presumably be imposed and received
by her owner, like the case of a slave gored by an ox (v. 32). CC did not include a
slave woman perhaps because replacing the apodosis of LH 210 with the talion
laws from LH 196–201 (see later) distracted attention from continuing with
legislation built on LH 211–214.115
Penalties for Aggravated Miscarriage and Talion

(21:22b, 23b–25)
CC changes the penalties of Hammurabi’s miscarriage laws. In the first law, CC

does not specify the amount to be paid, in contrast to LH 209, which demands
ten shekels of silver. The responsible party is fined the amount that the woman’s
husband “determines.” This is described with the verbs ‫“ נענש‬be punished” and
‫“ השית‬exact, impose.” The root ‫ ענש‬is used of monetary fines elsewhere in the
Bible.116 The second verb is the same used for the variable amount exacted in
the goring ox law, verse 30 (see later). This penalty is motivated in part by the
change of the modality of intention in the law. It may also be further motivated
by the logical consideration that a fixed amount may not fit all cases.
The assailant must also pay ‫בפללים‬, whatever that means. It is tempting to
see this as a reference to the stage of pregnancy, a concern of HtL 17: “If some-
one makes a free woman miscarry, if it is the tenth month (i.e., full term) he
shall give ten shekels of silver; if it is the fifth month, he shall give five shek-
els of silver. . . . ” (HtL 18 prescribes five shekels for full-term miscarriage of a
slave.) One could follow Speiser in concluding that the term specifically means
“according to the assessment,” which reflects variable rates.117
Other possibilities for interpretation arise from a comparison of the require-
ment in verse 22 with the parallel requirement in the goring ox law in verse
30: “he shall be fined as the husband of the woman imposes on him he shall
pay biplilîm” (‫ ;ענוש יענש כאשר ישית עליו בעל האשה ונתן בפללים‬v. 22) and “if a
ransom is imposed on him he shall pay a redemption price for his life accord-
ing to whatever is imposed upon him” (‫אם כפר יושת עליו ונתן פדין נפשו ככל אשר‬
‫ ;יושת עליו‬v. 30). In both passages, the clause about the imposition of a fine or
ransom, which has the verb ‫השית‬, comes first, followed by the payment phrase
with the verb ‫“ ונתן‬he shall give,” which states something about the nature of
the payment. Since in the ox law, the animal owner pays a “redemption price
for his life”—this is the sense of the construct relation of the nouns in the
Hebrew—perhaps the preposition -‫ ב‬on ‫ פללים‬means “in exchange for.” This
pushes us to see a correspondence between ‫ פללים‬and the plural ‫“ ילדיה‬her chil-
dren” in verse 22a. I am not, however, suggesting by this that we should emend
the noun to ‫“ נפלים‬aborted fetus(es).”118 Alternatively, the obscure ‫ בפללים‬may
refer to the idea entailed in the phrase ‫“ ככל אשר יושת עליו‬according to what-
ever is imposed upon him” and hence mean something like “according to the
assessed penalty.”
Ultimately, I am forced to leave the meaning of the problematic term open.
An alternative interpretation of the term, “by mediation” or “by (the determina-
tion of) mediators,” is still viable.119
The most substantial change that CC makes to the miscarriage law is replac-
ing the apodosis in LH 210 with a summary of the nearby talion law:120
Exodus 22:23b–25 LH 196–201

23b 196
. . . you shall give (= pay) If an awīlum blinds the eye of a member of
life for life, the awīlum class, they shall blind his eye.
24 197
eye for eye, If he breaks the bone of an awīlum, they shall
tooth for tooth, break his bone.
198
arm for arm, If he blinds the eye of a commoner or breaks
leg for leg, the bone of a commoner, he shall weigh out one
mina (sixty shekels) of silver.
25 199
burn for burn, If he blinds the eye of an awīlum’s slave or
injury for injury, breaks the bone of an awīlum’s slave, he shall
wound for wound. weigh out half of his value.
200
If an awīlum knocks out the tooth of an
awīlum of the same rank, they shall knock out
his tooth.
201
If he knocks out the tooth of a commoner, he
shall weigh out one third mina (twenty shekels)
of silver.
‫ ונתתה‬. . . 23 196
šumma awīlum īn mār awīlim utappid īnšu
‫נפש תחת נפש‬ uappadū
‫עין תחת עין‬24 197
šumma eemti awīlim ištebir eemtašu
‫שן תחת שן‬ išebbirū
‫יד תחת יד‬ 198
šumma īn muškēnim utappid ū lū eemti
‫רגל תחת רגל‬ muškēnim ištebir 1 mana kaspam išaqqal
‫כויה תחת כויה‬25 199
šumma īn warad awīlim utappid ū lū eemti
‫פצע תחת פצע‬ warad awīlim ištebir mišil šīmīšu išaqqal
‫חבורה תחת חבורה‬ 200
šumma awīlum šinni awīlim merīšu ittadi
šinnašu inaddû
201
šumma šinni muškēnim itaddi 1/3 mana kas-
pam išaqqal
Hammurabi’s talion laws appear in two sets: injuries to eyes and bones in
LH 196–199 and injuries to teeth in LH 200–201. The eye/bone laws are graded
according to the status of the victim. Injuries to the eye/bone of an awīlum are
treated in separate laws. Injuries to the eyes/bones of lesser statuses are treated
together in one law for commoners and another for slaves. The tooth laws are
socially graded but include only the awīlum and the commoner. The laws about
an eye/bone (LH 196–199) and tooth (LH 200–201) are delineated separately
because the fine in the case of the commoner differs.
The body parts in the talion dyads in verse 24 have correspondences in LH.
An “eye” is found in LH 196, 198, 199; a “tooth” is found in LH 200–201. An
“arm” and “leg” can be seen as referring primarily to fractures (not amputa-
tions) and thus correspond with LH 197, 198, 199. The other dyads in CC’s law
derive from other laws. The equation “life for life” in verse 23b is an expansion
of the cases in LH 196–201 and may echo, though only loosely, the verdict in
the miscarriage law in LH 210, which requires a form of capital punishment.
CC has reformulated this requirement to fit the talion wording. The “burn,”
“injury,” and “wound” in verse 25 may derive from laws near Hammurabi’s
miscarriage laws.121 LH 206, which, as we have seen, guided the formulation of
verses 18–19, talks about the striker inflicting a simmum “wound” on his oppo-
nent.122 These biblical verses have a connection with the talion law of verses
23b–25 in that both prescribe disability payments: paying for the person’s idle-
ness in verse 19 is similar to talion payment (see later). The laws just after
Hammurabi’s miscarriage laws also speak of a simmum (LH 215–220), spe-
cifically a “serious wound/incision” (simmum kabtum), that a physician makes
on a patient.123 The terms ‫“ פצע‬injury” and ‫“ חבורה‬wound” in verse 25 are apt
translations of simmum. The term ‫“ כויה‬burn” can be viewed as a logical exten-

sion of the phenomenology.124
The organization of the injuries in CC is partly guided by their severity and
location on the body, from the most serious case of homicide (“life”), to “hard
tissue” injuries (eye, tooth, bones—listed from head to foot),125 to “soft tissue”
and general injuries (burn, injury, wound). But legal source has also influenced
the organization: “life” (relating to the death of the woman) in verse 23b derives
from the miscarriage law itself in LH 210; the “eye,” “tooth,” “arm,” and “leg”
in verse 24 are derived from the talion laws in LH 196–201; and the miscella-
neous “injury,” “wound,” and “burn” in verse 25 are derived or developed from
simmum in LH 206 (and 215–220).
One of the reasons for substituting talion for the apodosis of LH 210 is that
CC did not countenance vicarious punishment, as discussed earlier on verses
20–21. Another reason for substituting the penalty of LH 210 with talion was
the change of the modality of intention.126 Now that the assault is unintended,
CC could not prescribe capital punishment, vicarious or otherwise. CC can
require only payment of compensation, in silver or in kind.127 The verb that
governs CC’s talion list is “you shall give” ‫ ונתתה‬in verse 23b. In other passages
in CC, the verb ‫“ נתן‬to give” means “to pay”:128 one who incapacitates another
“gives (i.e., pays) for his period of inactivity” (v. 19); in the first miscarriage
law, the assailant “gives (i.e., pays)” the amount exacted by the husband (v. 22);
and the owner of an ox that fatally gores “gives (i.e., pays) a ransom for his life
according to what is exacted from him” (v. 30) or, for a slave, “gives (i.e., pays)
thirty shekels of silver” (v. 32). This usage of ‫ נתן‬parallels the use of Akkadian
nadānum “give,” which means “pay” in various laws.129 “Giving life for life”
means paying the equivalent of the life lost; “giving an eye for an eye” and so
on down the talion list means paying the equivalent for the injury or loss of
body part.
CC’s replacement of the penalty of LH 210 with a revision of LH 196–201
may have been facilitated by miscarriage laws in other cuneiform sources
that feature the principle of talion. MAL A 50 (see n. 97) prescribes that “for
her fetus he (the assailant) shall provide recompense of life” (kīmū ša libbīša
napšāte umalla).130 The same idiom is found in MAL A 52 about causing a
prostitute to miscarry. A subcase of MAL A 50 also says that if the pregnant
woman’s husband has no son, “they shall kill the striker for the fetus” (kīmū
ša libbīša māiāna idukkū). CC’s idiom “and you shall pay life for life” (‫נפש‬
‫ )תחת נפש‬approximates the language and sense of these Akkadian idioms. The
prostitute law (MAL A 52) also says that “they shall inflict on him blows like
blows (miī kī miī),” that is, the blows with which he assaulted the woman.
The wording “blows like blows” is similar to CC’s “X ‫ תחת‬X” formula and
especially ‫“ פצע תחת פצע חבורה תחת חבורה‬injury for injury, wound for wound.”131
But CC does not have to depend on such laws, even though it may have used
MAL A. Some have noted that the principle of talion is implicit in LH 210 in the
vicarious punishment of an assailant’s daughter for the victim.132
Although CC’s idiom “X ‫ תחת‬X” is similar to the MAL idioms just noted,
its specific wording is not necessarily generated from an Akkadian source. The
formula is attested in other parts of the Bible in a distribution that suggests
it reflects native idiom that existed prior to the composition of CC, though in
these other passages the formula is not part of developed talion list. The phrase
“life for life” ‫ נפש תחת נפש‬can be found outside the Pentateuch,133 and the idiom
of repaying/returning “evil for good” ‫ רעה תחת טובה‬and comparable formula-
tions, similar to the “X ‫ תחת‬X” formula, also appear broadly.134 All of these
cannot be said to derive from the wording or influence of CC. CC has appar-
ently filtered the talion laws of LH 196–201, perhaps with whatever stimulus
there may be from cuneiform laws that connect miscarriage and talion, such as
MAL A 50 and 52, through native idiom.135
CC’s replacement apodosis for LH 210 is a clever invention that does double
duty. It is at once the penalty for the death or injury of a pregnant woman and
also a general law that prescribes compensation payment for any case of inad-
vertent homicide or permanent physical injury. Several features indicate that
this is a general law.136 It begins with the exceptional second-person formula-
tion “you shall pay. . . . ” This divergence from the normal third-person formula-
tion puts emphasis on the ruling.137 The “you” directs the law to the community.
This does not mean that the community or its representative body pays for
the death of the woman, as in Westbrook’s analysis.138 The “you” is the audi-
ence of the legal collection, the same as that indicated by second-person forms
in the apodictic laws and in incidental occurrences in the casuistic laws. The
broadened reference points to the general application of the law. The apodosis
in verses 23b–25 acts almost like an independent apodictic law, similar to the
formulation of the initial and final apodictic laws. The main difference of the
wording in verse 23 from apodictic law is the waw-consecutive form ‫“ ונתתה‬you
shall pay,” used because of the casuistic-consecutive context (cf. vv. 6, 8, 19, 30,
35). Another indication that this is a general law is the scope of injuries cov-
ered. A burn (‫)כויה‬, especially, is not an injury expected to occur to a pregnant
woman as a result of men fighting and knocking her.139 Furthermore, the long
list seems overwrought in view of the sparse description of injuries in other
laws. But the detail makes sense if the rule has application beyond miscarriage.
This is not the only instance of a general rule in CC. Another appears in the
middle of the property laws in the second half of CC’s casuistic laws (22:8; see
chapter 9).
In any case of a wrong, whether concerning an ox, ass, flock animal, gar-
ment, or anything lost, about which one might say “This is it/he”—the
claim of both of them shall come to the God. He whom God convicts shall
pay twofold to his fellow.
This has a formulation different from the talion law, but like the list, it has a con-
nection to a particular preceding law (deposit of property, 22:6–7) and builds upon
it to state a principle of broad application. Conceptually, this law for resolving
property disputes is as important to the various property laws as a universal prin-

ciple as the talion law is to the various assault laws. These two strategically placed
general rules may stem from CC’s intent to summarize its lengthier source.
As a broad rule, the talion law fills a conspicuous gap left in the homicide
laws of verses 12–14 over against LH 207. The Akkadian law requires payment
of thirty shekels of silver in the case of unpremeditated homicide as compen-
sation. Verses 12–14, when read by themselves, require capital punishment in
the case of intentional homicide but no penalty whatsoever in the case of invol-
untary homicide. These verses actually stand in tension with verses 18–19, as
the latter require some compensation (for lost wages) in the case of transitory
injuries, whether intended or not. The talion law in verses 23b resolves this
apparent contradiction in requiring payment for a life inadvertently lost.
The comprehensive law of verses 23b–25 also complements the injury law in
verses 18–19, as noted earlier in this chapter. These earlier verses speak mainly
of temporary injury, caused inadvertently or intentionally. The assailant needs
to pay for recuperation and for lost wages. The talion law includes permanent
injury, especially in the dyads about an eye and tooth, though it also can entail
temporary inadvertent injury in the other dyads. Moreover, though it describes
these injuries as unplanned, logic tells us that talion payment would also apply
to premeditated injury. Thus the payments in verses 18–19 and 23b–25 cover
a wide range of injury types and the full range of intentionality. Their primary
point of complementarity is in prescribing disability payments.140 Paying lost
wages in verses 18–19 is for temporary disability, and the talion payment in
verses 24–25 extends to permanent disability.141 The two laws do not describe
these payments the same way because their sources within LH are different
(LH 206 versus 196–201). But if one law has been modified more to fit the
other, it is the talion law. The severity of literal bodily mutilation as prescribed
by Hammurabi’s talion laws has been replaced with a monetary payment.142
CC, however, has increased Hammurabi’s penalties in one respect. It requires
a disability payment for inadvertent injury as opposed to LH 206. This may
be partly to create consistency with LH 207, which requires indemnification
for inadvertent homicide. CC’s systematic changes compared with LH, for the
cases of injury and homicide in 21:12–25, are summarized in table 6.2.143
CC’s indemnification for inadvertent homicide clarifies the nature of asylum
described in verses 13–14. A killer fleeing to the sanctuary according to verse 13
would no doubt be judged there. If judged to have calculated his deed, the mur-
derer would be taken from the altar and given to the victim’s kin to be put to death
(v. 14). In such a case, there would be no added indemnification, as suggested by
the case of the goring ox in verses 29–30, which prescribes either capital punish-
ment or a payment, not both. Alternatively, if judged to have killed without fore-
thought, the assailant would pay the life-for-life recompense required by verse
23b. The goal underlying these two alternatives is to achieve satisfaction for the
victim’s family. Execution would satisfy their instinct for reprisal and revenge.
Payment of talion within the context of a judicial review that found the killing an
Table 6.2: Systems of punishment for intentional and inadvertent injury and
homicide
Source Modality Injury Homicide
LH intentional physical talion (LH 196–197, 200) [capital punishment

(payment for recuperation, implied from (cf. LH 116, 210)]
LH 206)
inadvertent payment for recuperation (LH 206) 30 shekels (LH 207)
CC intentional payment of lost wages or talion payment capital punishment
(the latter by implication), depending (21:12–14)
on permanence of injury; payment for
recuperation (21:18–20, 24–25)
inadvertent payment of lost wages or talion payment, talion payment (“life
depending on permanence of injury; for life” 21:23b)
payment for recuperation (21:18–19, 24–25)
accident would also assuage their wrath. In the latter case, when the inadvertent
killer paid or made arrangements to pay the talion penalty, he would not need to
stay at the sanctuary. Asylum would thus be temporary, lasting only as long as it
took to try his case. The story of Adonijah indicates how such proceedings would
occur (1 Kings 1:50–53).144 He fled to the altar until his case was decided. After
this, he could leave and be safe, as long as he acted according to the agreement
made by the parties involved.145 The situation would be similar to LH 207, where
the individual swears, presumably at a shrine, that he did not kill intentionally and
pays thirty shekels. LH does not conceive of the individual taking up residence at
the temple. CC apparently has the same view. Later biblical law turned CC’s sanc-
tuary judgment into permanent asylum, partly because it did not see that verse
23b complements verses 12–14. Permanent asylum is hinted at in Deuteronomy
19:4, 12.146 The Holiness Legislation requires this explicitly, allowing release only
when the high priest dies (Num 35:25–28). This metaphysical mechanism is a
reflection of a preoccupation with bloodguilt and impurity, not visible in CC.147
CC’s broad legislation about homicide reveals an even more nuanced system
of penalties that vary according the degree of intentionality and the directness
of the assault. As we have seen (1) intentional-direct homicide, described in
the main law in verses 12 and 14 and also in the law about killing in verse 20,
requires capital punishment. The next most serious category of (2) negligent-
indirect homicide is found in the goring ox law about an ox owner who fails to
control his lethal animal after being warned (vv. 29–30). His penalty is death,
though the family may accept a ransom payment. This is a type of indemnifica-
tion comparable to the “life for life” payment of verse 23b. A less severe case is
(3) inadvertent-direct homicide, described in verses 13 and 23b. Talion payment
is obligatory here. The case where an ox, whose owner has been warned, kills a
slave falls to this level of gravity, since only a payment (thirty shekels, the same
amount for a free person in LH 251 and 207) is made, to the slave owner. Recall
that if this is a debt-slave, the debt against the victim’s family is probably can-
celed. Thus the victim’s kin is indirectly compensated. Finally, the least severe
case is (4) inadvertent-indirect homicide, found in the law about ad hoc goring
in verse 28. This requires no indemnification, though the ox is stoned (as it is
in a case where the owner has been warned, v. 29). This system is tied to the
resystematization of penalties in the goring ox laws, described in chapter 8.148
This assessment of the talion, injury, and homicide laws does not support
the idea that CC had a greater reverence for life than LH. Its penalties are really
quite similar to those found explicitly or implicitly in Hammurabi’s laws. The
motivating factor appears to be in providing suitable compensation for injury
and homicide, intentional or unintentional. It goes beyond LH in requiring
indemnification for inadvertent injuries. Where it does seem to make ethical
improvements, from our point of view, is in rejecting physical talion and exces-
sive fines for intentional injuries (LH 196–201, 202–205). The assailant now
pays only the same amount as one who injures by mistake. It also rejects vicari-
ous punishment. Only the responsible party is subject to capital punishment. But
these changes are not motivated by an ethical agenda, but by cold legal logic.149
Slave Injury (21:26–27)
After the general talion law, CC takes up talion-related rules pertaining to slaves
in Exodus 21:26–27.150 These follow the content and pattern of Hammurabi’s
talion laws, which include social gradations and include slaves.151 The citation
here reproduces the full list of the talion laws in LH so that the gradations can
be seen in context alongside the biblical text:152
Exodus 21:26–27 LH 196–201

196
If an awīlum blinds the eye of a
member of the awīlum class, they shall
blind his eye.
197
If he breaks the bone of an awīlum,
they shall break his bone .
198
If he blinds the eye of a commoner
or breaks the bone of a commoner, he
shall weigh out one mina (sixty shek-
els) of silver.
26 199
If a man strikes the eye of his male If he blinds the eye of an awīlum’s
slave or the eye of his female slave slave or breaks the bone of an awīlum’s
and destroys it, he shall send him slave, he shall weigh out half of his
away free for his eye. value.
200
If an awīlum knocks out the tooth of
an awīlum of the same rank, they shall
knock out his tooth.
27 201
And if he knocks out the tooth If he knocks out the tooth of a com-
of his male slave or the tooth of moner, he shall weigh out one third
his female slave, he shall send him mina (twenty shekels) of silver.
away free for his tooth.
196
šumma awīlum īn mār awīlim
utappid īnšu uappadū
197
šumma eemti awīlim ištebir
eemtašu išebbirū
198
šumma īn muškēnim utappid ū lū
eemti muškēnim ištebir 1 mana kas-
pam išaqqal
‫וכי יכה איש את עין עבדו או את עין אמתו‬26 199
šumma īn warad awīlim utappid ū
‫ושחתה לחפשי ישלחנו תחת עינו‬ lū eemti warad awīlim ištebir mišil
šīmīšu išaqqal
200
šumma awīlum šinni awīlim merīšu
ittadi šinnašu inaddû
‫ואם שן עבדו או שן אמתו יפיל לחפשי‬27 201
šumma šinni muškēnim itaddi 1/3
‫ישלחנו תחת שנו‬ mana kaspam išaqqal
Verses 26–27 describe one of the injuries in each of the talion blocks of LH
(196–199 and 200–201), the “eye” from LH 199 concerning the eye of a slave
and the “tooth” from LH 201. The latter law includes only a commoner, not a
slave. CC has replaced a commoner with the slave here, just as it did in verses
20–21, which depend on LH 208 (see earlier in this chapter). CC thus retains a
sociological gradation but simplifies its complexity.153
Verses 26–27 closely follow the wording of their source in their protases:
“if a man strikes the eye of his slave . . . and destroys it” (‫וכי יכה איש את עין‬
‫ ושחתה‬. . . ‫ )עבדו‬versus “if he blinds the eye of a man’s slave” (šumma īn warad
awīlim utappid), and “if he knocks out the tooth of his slave . . . ” (‫ואם שן‬
‫ יפיל‬. . . ‫ )עבדו‬versus “if he knocks out the tooth of a commoner” (šumma šinni
muškēnim itaddi). These are nearly translations.
CC differs in describing the assault in verse 26 as a case of striking (‫)הכה‬
and destroying (‫ )שחת‬the eye. LH uses the verb puudum, which compre-
hends the assault and its result “to blind.” CC’s use of the verb ‫“ הכה‬strike”
must be due to the context of striking in the foregoing laws (vv. 12, 15, 18,
20), which depend on striking (maāum) in their corresponding laws in LH.
In mentioning striking as the means of blinding, CC may be linking the law
specifically to the context of verses 20–21, which deal with the death of a slave
by a master’s beating. Another link to verses 20–21 is describing the slave
as belonging to the assailant. In LH, the slave belongs to someone else. CC
appears to be formulating verses 26–27 as a conceptual alternative to verses

20–21.154
The description of knocking out a tooth in verse 27 with the verb ‫“ הפיל‬to
cause to fall (out)” more directly reflects Akkadian verb nadûm “throw (down,
out), knock out.” Both verbs imply the action of striking as we all describe the
result. One of the differences in the protasis of verse 27 over against verse 26
is that it does not mention the man. The subject is pronominally entailed in the
verb “he knocked out.” This parallels the wording of LH. Verse 26 had to add
the explicit subject “man” because it had no previous referent. The “man” of
verse 26 can be seen as a replication of the “man” (awīlum) from the beginning
of the first block of laws in LH 196 (the explicit subject “man” is set down again
at the beginning of the second block of laws in LH 201).
The graded talion laws in LH distinguish the penalties for free persons
over against those for commoners and slaves. When a free person is a victim,
the talion penalty applies, as in LH 196: “if an awīlum blinds the eye of an
awīlum they shall blind his eye.” For commoners and slaves, only monetary
fines are exacted. The monetary fines for lesser statuses may have partly
influenced CC to change talion to monetary compensation as opposed to
bodily mutilation for free persons in verses 23b–25. But CC did not follow its
source in prescribing payments for permanent injuries to slaves. They are to
be released. This is partly due to the change of the assailant from an outside
party to the owner himself. It would make no sense for the owner to pay a fine
to himself. But the change in penalty and also the change in who the assail-
ant is come from a larger systematic modification. CC’s slaves in this law,
described with the terms ‫“ עבד‬male slave” and ‫“ אמה‬female slave,” include
debt-slaves as well as chattel-slaves, as argued previously in the section on
verses 20–21.
The blending of debt- and chattel-slaves in CC’s slave legislation explains
a point of tension between 21:20–21 and 26–27.155 Why must an owner send
a slave free when he blinds or knocks out a tooth of a slave but may beat a
slave within an inch of his or her life, and even to death, as long as the death
is not immediate? The answer is that the release of the slave prescribed by
verses 26–27, as well as the liability legislated for the death of the slave if he
dies immediately from a beating according to verse 20, relates to strictures
imposed from the point of view of debt-servitude legislation. The leniency
in not ascribing liability for delayed death is from the perspective of chat-
tel-slavery. CC’s legal inconsistency comes from the mixing of distinct legal
categories.
In formulating the penalty in verses 26–27, CC continued to employ the
preposition ‫“ תחת‬for, in place of” used in the dyadic summary of talion laws
in verses 23–25: the slave is sent free “for (‫ )תחת‬his eye/tooth.” The use of
‫ תחת‬here also lends support to the understanding that the talion rule in verses
23b–25 refers to payment rather than bodily deformation. The preposition ‫תחת‬
indicates equivalency of value.156
The Unity of Verses 18–27
Just as the beginning of this chapter determined that the homicide laws in
Exodus 21:12–14 were a unity, so the evidence indicates that the various assault
and homicide laws in verses 18–27 are to be considered a unity. In much schol-
arship hitherto, the injury law in verses 18–19 and a form of the miscarriage
law in verses 22–23 are seen as the original core. These laws, it is believed,
were later updated with the participial laws (vv. 12, 15–17), the slave homi-
cide law of verses 20–21, the talion list in verses 23b–25, and the slave-injury
laws in verses 26–27. The talion list itself is often seen as composite, consist-
ing perhaps first of only verse 23b, supplemented by verse 24, and then by
verse 25. The evidence for these conclusions includes the very real change of
style in verses 23b–25, the conceptual misfit of the talion law with the preced-
ing miscarriage law, and a view that all of the slave laws in Exodus 21 are an
addition to a more basic collection of assault laws. This last view is based on
the correlation and apparent dependence of verses 26–27 on the talion list of
verse 24, which is esteemed secondary, as just noted. If the slave laws of verses
26–27 are secondary, then so also must be the slave laws in verses 20–21, and
even verses 2–11. The secondariness of the slave laws also gains support from
the seemingly awkward position of verses 2–11 at the beginning of the casu-
istic laws and by thinking that a concern about slaves, especially debt-slaves,
reflects a later sociological stage than the rest of the casuistic laws.157
If we did not have LH and did not see it as a source for CC, it would be fool-
hardy to gainsay a critical judgment along these lines. The evidence of CC’s
source outlined earlier, however, provides firmer empirical data that require
rejection of a standard redactional analysis. All of the material that correlates
with and can reasonably be seen to derive from LH must be viewed as coming
from a single use of LH. At it turns out, every single law in verses 18–27 has
a correlation with LH: the injury law in verses 18–19 with LH 206, the slave
homicide law in verses 20–21 with LH 208 and 115–116, the miscarriage law
in verses 22–23 with LH 209–210, the talion law in verses 23b–25 with LH
196–201 (and the “wound” in 206), and the slave “talion” law in verses 26–27
with LH 199, 201. The dependence of verses 18–21 on LH 206 and 208 is fur-
ther intertwined with the dependence of the homicide law of verses 12–14 on
LH 207. In addition to these correspondences with LH as a source, the differ-
ences in CC throughout its various assault and homicide laws over against LH
demonstrate a systematic revision and reinterpretation of its source. Verses
18–27 thus betray a conceptual unity, especially in their concern to explore
the theme of intent, to see it play out in ways different than in their source
text(s), and to envision a system of penalties that presumably attempts to be
more rational than its source. The stylistic variations and remaining points of
unevenness and tensions in the text have to be viewed as artifacts of weaving
together laws from different places in LH, along with associated legal innova-
tions and revisions.
Conclusion
The mirroring of LH in the homicide and assault laws of Exodus 21:12–14,

18–27, coupled with the resystematization of penalties in connection with the
matter of intentionality, extends our understanding that CC is attempting to
create a text that competes with its source, visible already in the debt-slave
laws examined in the previous chapter. CC replaces punishments in LH that
might be considered rhetorical—vicarious punishment and bodily mutilation
from literal performance of talion penalties—with penalties that directly pun-
ish the agents of assault and that can be quantified monetarily (though it leaves
amounts open). The only bodily penalty that CC prescribes in these laws is
capital punishment, for intentional homicide. This is carried over from the
implications of Hammurabi’s laws. The goal of CC’s revisions does not seem
to be ethical. The composition pursues, rather, an aesthetics of legal logic. CC
seeks to create a more consistent system of law that surmounts difficulties that
it perceived in its source. One of its chief motivations in refiguring the system
of punishments was to ensure proper satisfaction—whether this be vengeance
or monetary compensation—to the victims of various attacks.
The homicide and assault laws in this section of CC were primarily built
on the sequence of LH 206–208, on unintentional injury and homicide, and
the immediately following law in LH 209–210, on the aggravated miscarriage
of a free woman. CC moved the law on homicide from the middle of the first
group of laws (LH 207) to the beginning of its assault laws. In doing this,
it revised the style of the law in accordance with a native participial source
(which was also influential in vv. 15–17 and 22:17–19; see the next chapter). CC
may have used the participial source and formulation in part because LH lacked
an explicit law on intentional homicide. To this basic law, CC added laws on
unintentional homicide in verses 13–14, reflecting the modality of inadvertence
found in LH 207. It used a deviant casuistic form in these verses partly because
the initial participial style derailed the use of normal casuistic form and partly
because it drew from the altar laws of 20:24–26 for themes and even stylistic
features. Part of the reason for bringing in motifs from the altar laws was the
requirement of temple adjudication implicit in LH 207.
When CC returned to its primary assault laws in verses 18–19, it resumed
the casuistic form of its primary source (LH 206). It modified the modality of
intentionality in these verses to include both intentional and inadvertent assault
and added a disability payment beyond what was required in LH for the time
lost due to incapacitation. Immediately after this, CC wrote a law about killing
a slave in verses 20–21, based on LH 208. It changed the victim’s status from
commoner to slave. This was based on the context of other laws with social
gradations in the environment of LH 208, which include chattel-slaves. But CC
went beyond the context of Hammurabi’s graded laws and blended motifs from
the debt-servitude laws of LH 115–116 into verses 20–21. This conflation of
slave types is responsible for the tension in the verses, where a slave owner is
not punished if his beating does not lead to the same-day death of his slave. The
ensuing miscarriage laws in verses 22–23 were created from LH 209–210. Like
LH, these deal with two cases: the death of a child and then the death of the
mother. CC changed Hammurabi’s intentionality to inadvertence and replaced
the requirement of vicarious penalty for killing a mother with a summary of
Hammurabi’s nearby talion law (LH 196–201) in verses 23b–25. CC formulated
this law to serve two purposes, as an apodosis to the second miscarriage law
and as a general law that requires equivalent payment in all cases of inadvertent
homicide or injury. As a general rule in a case of homicide, it complemented
the homicide law of verses 12–14 by prescribing that a person who killed inad-
vertently must pay compensation (“life for life”) to the victim’s family. As a
general rule in a case of injury, the talion payment was a disability payment
that complemented the payment for lost wages prescribed in verse 19. CC also
derived its slave injury laws in verses 26–27 from Hammurabi’s talion laws,
in which social gradations are present. CC, however, conflated slave types in
these verses and prescribed release of the slaves for a permanent injury, similar
to the release of debt-slaves described in verses 2–11.
One may ask the extent to which these laws reflect legal reality in Israel
and Judah. This is an important question, especially since these laws have
served as data to chart the history of the practice of homicide asylum in Israel
and Judah158 and the evolution of talion as a principle in Near Eastern law.159
That most of verses 12–14, 18–27 are responses to Hammurabi’s laws and, in
particular, seek to revise its system indicates that CC’s laws do not primarily
reflect native Israelite or Judean legal practice. The most that we can say is that
there was a native tradition, reflected in the participial source, that saw inten-
tional homicide as a capital crime. It is also possible—likely, I would say—that
altar asylum reflects native practice, reflected elsewhere in 1 Kings 1:50–53,
2:28–34, and Amos 9:1–4. But CC’s altar law, as we will see, seems rather
idealistic and abstract. We have to imagine that the institution of asylum as
described by CC, whatever connection it has to reality, is somewhat theoreti-
cal. As for talion, native Israel and Judean societies shared the common Near
Eastern propensity toward measure-for-measure punishment and had their own
idioms (e.g., using ‫“ תחת‬in the place of”) to represent this idea. But the details
of CC’s talion law are from a recasting of Hammurabi’s legislation.
7
Child Rebellion, Kidnapping, Sorcery,
Bestiality, and Illicit Sacrifice (Exodus
21:15–17; 22:17–19)
The previous chapter on homicide and other assault laws demonstrated that CC
in all probability used a short native list of laws, oral or written and with a par-
ticipial formulation, to supplement its primary use of LH and secondary use of
other cuneiform laws. The influence of this source is visible in a group of laws
in Exodus 21 on homicide (21:12), child rebellion (vv. 15, 17), and kidnapping
(v. 16) and in a group of laws at the very end of the casuistic laws in Exodus
22 on sorcery (v. 17), zoophilia (v. 18), and sacrifice to other gods (v. 19). With
regard to the homicide law, chapter 6 concluded that the topic was stimulated
by the law on inadvertent homicide in LH 207 but that the general form of the
law followed a similar law on this topic in the native participial source. The
burden of this chapter is to examine the other participial laws in CC, to assess
their relationship to the laws of LH, to determine which of the participial laws
may have originated from the native participial source, and to explain why CC
has separated the two groups of participial laws.
Child Rebellion (21:15, 17)
After the law on homicide (21:13–14), CC continues with the theme of child
rebellion (21:15, 17; for the disruptive law on kidnapping in v. 16, see later).
These laws correlate with Hammurabi’s laws on verbally denouncing and
192
Child Rebellion, Kidnapping, Sorcery, Bestiality, and Illicit Sacrifice 193
striking parents, which appear at the end of Hammurabi’s laws on family

issues. CC has inverted the order of these laws:1
Exodus 21:15, 17 LH 192–193, 195

15
One who strikes his father or 192If the son (raised by) a girseqûm (a male)
mother shall be put to death. or a son (raised by) a sekretum (a female)
says to the father who raised him or the
mother who raised him, “You are not my
father; you are not my mother,” they shall cut
out his tongue.
193
If the son (raised by) a girseqûm or the son
(raised by) a sekretum identifies his father’s
house and shows hatred toward the father
who raised him and the mother who raised
him, and leaves for his (biological) father’s
house, they shall pluck out his eye.
17
One who curses his father or 195If a son strikes his father, they shall cut off
mother shall be put to death. his hand.
‫ומכה אביו ואמו מות יומת‬15 192šumma mār girseqîm ū lū mār sekretim ana
abim murabbīšu ū ummim murabbītīšu ul abī
atta ul ummī atti iqtabi lišānšu inakkisū
193
šumma mār girseqîm ū lū mār sekretim bīt
abīšu uweddīma abam murabbīšu ū ummam
murabbīssu izīrma ana bīt abīšu ittalak īnšu
inassaū
‫ומקלל אביו ואמו מות יומת‬17 195šumma mārum abāšu imtaa rittašu
inakkisū
The reason for the inversion has to do with the shift of the location of the
homicide law. As noted in chapter 6, CC took the topic of homicide from the
middle of the sequence of LH 206–208 and placed it at the beginning of its
assault laws. Once its assault laws were made to begin with homicide, then
striking a parent, the type of offense in verse 15 (= LH 195), needed to fol-
low the homicide law, which also involves striking (v. 12; cf. LH 207). Verbal
denunciation therefore became secondary in CC’s context.
Part of the reason for CC’s inclusion of the child rebellion laws is that the
father-striking law of LH 195 begins the section on assault in LH 195–214,
which is the foundation for CC’s section of laws on assault in 21:12–27. This
block of verses in CC follows the order of the corresponding group of laws in
LH for the most part and renders many of the legal details similarly. The father-
striking law was therefore of particular thematic importance in CC’s reading
of Hammurabi’s laws.
The laws on striking parents in both collections (LH 195; v. 15) correlate
closely. Their modes of assault are described with Akkadian and Hebrew verbs
maāum and ‫הכה‬, both “to strike.” Chapter 6 noted that this is a regular inter-
dialectical correlation between the laws in LH 195–214 and verses 12–27. The
parent-striking laws in the two collections are also brief legal statements, in
contrast to the longer laws about verbal denunciation in LH 192–193. They set
forth the condition of striking, succinctly followed by an equally succinct pro-
nouncement of corporal or capital punishment. Both laws deal with any child,
not an adoptive child as in LH 192–193. The act of striking in the two laws is
not said to cause the death of the parent.2 The main differences in verse 15 as
opposed to LH 195 are the participial form, the capital penalty, and the inclusion
of the mother as well as the father. These features are discussed momentarily.
The verbal denunciation laws in verse 17 and LH 192–193 are much less
similar than the striking laws of the two collections. The law in verse 17 is
concisely formulated and is parallel to the formulation of its companion strik-
ing law in verse 15, whereas LH 192–193 set up specialized circumstances.
The Akkadian paragraphs are concerned with a child who has been raised by
adoptive parents, specifically a girseqûm or a sekretum.3 This context is set
up by LH 185–191, which pertain to adoption of children. These laws move
back and forth between cases in which a son must remain with the adoptive
parent(s), is allowed to return to his birth parents, and where disinheritance is
a concern. LH 185 gives a general rule: “If a man takes a young child (erum)
for adoption at birth and raises him, that raised child cannot be reclaimed.”
LH 186 qualifies this, saying that if the child seeks his mother or father at the
time of adoption, the child may return to his father’s house. The next law (LH
187) gives another general rule that a child adopted by a girseqûm (specifically
who is a “palace attendant” muzzaz ekallim) or sekretum is not reclaimable.
Likewise, a child adopted by a craftsman is not reclaimable (LH 188) unless
the father does not teach him his trade (LH 189). The laws also require that the
adoptive parents consider the child of equal status to their own physically born
children (LH 190). If the father disinherits the adoptive child after having more
children, the father must provide him with a share of his inheritance (LH 191).
In contrast to these foregoing laws, where parents demand the child back
or oust the child, LH 192–193 treat cases where the adoptive child himself
seeks emancipation.4 The child makes a formal declaration in LH 192, com-
parable to formulations found in marriage, divorce, adoption, disinheritance,
and other legal contexts (cf. LH 9, 49, gap¶a, gap¶e, 126, 142, 159, 160, 161,
168, 170, 171, 206, 227, 282). He says “You are not my father; you are not my
mother” (ul abī atta ul ummī atti).5 The measure-for-measure penalty, that the
child’s tongue be excised, shows that this announcement is viewed as a verbal
offense. LH 193 also implies verbal conflict, inasmuch as the child has identi-
fied his father’s house and shows hatred (zêrum) toward his adoptive parents.
Such hatred may be displayed by verbal denunciation of the parents or a formal
repudiation of their custody, as in LH 192. A similar situation is found in LH
142: “If a woman hates her husband, and says ‘You shall not take me (sexu-
ally) . . . ’ ” (šumma sinništum mussa izērma ul taazanni iqtabi). “Hating” is
here accompanied by a declaration that alters the existing interpersonal rela-

tionship, similar to that in LH 192.6 Like LH 192 and 195, LH 193 prescribes a
measure-for-measure punishment; the child’s eye is plucked out because he is
implicitly looking for his original parents.7
Cursing in the biblical law corresponds with the child’s denunciations in LH
192–193. It is true that the verb ‫“ ִקלֵּל‬curse” does not necessarily refer to a for-
mal legal declaration whereby a child seeks to emancipate himself or herself.
It appears to be broader in scope, referring to any denunciation of the parents.8
A sense of what may be entailed by the verb in CC is found in the story about
Shimei ben Gera. On the journey away from Jerusalem, this relative of Saul
showed up and harassed David (2 Sam 16:6–8):
He threw stones at David and all the servants of King David, while all
the people and warriors were on his right and left. This is what Shimei
said as he cursed him (‫)בקללו‬: “Get out, get out you blood guilty man, you
scoundrel! Yahweh is paying you back for all the blood of Saul’s house
that you usurped. May Yahweh give kingship over to Absalom your son.
Now you are suffering ruin because you are a blood guilty man!”
Abishai further defines Shimei’s denunciation as a curse when he says to David:
“Why do you let this dead dog denounce (‫ )יקלל‬my lord, the king. Let me go
over and sever his head” (v. 9).9
The chief difference between CC’s child rebellion laws and their counter-
parts in LH is in the penalties exacted. As noted already, Hammurabi imposes
measure-for-measure punishments that suit each particular offense. CC
requires the death penalty for both striking and cursing a parent. This penalty
is probably to be explained by use of the native participial source. This source,
as chapter 6 suggested, probably contained a law on homicide. It also probably
contained a law on child rebellion. This makes sense in view of the surmise
that this source would have been a short list of laws on a variety of subjects, to
tell from the topics visible in CC’s various participial laws. Being a short list,
however, it probably had only one law on child rebellion, since more than one
law on the topic would have been redundant. Moreover, it would also seem too
much of a coincidence to have laws about striking and verbal abuse of parents,
along with homicide, in both the participial source and in LH. Of the two laws
that appear in CC, the participial source probably contained a law about cursing
parents more or less similar to what we find in verse 17. The notion of cursing
is broader than striking and thus more suitable as a general law in a short list.
Other biblical passages, laws or wisdom sayings, refer to cursing parents as
opposed to hitting them (Lev 20:9; Deut 27:16;10 Ezek 22:7; Prov 20:20; 30:11).
The law about parents in the Decalogue speaks of honoring parents using the
verb ‫( ִכבֵּד‬Exod 20:12; Deut 5:16). This is essentially the positive formulation
of the notion expressed by ‫קלל‬. The Holiness Legislation’s alternate positive
formulation is comparable: “You shall each fear your mother and your father”
(‫ ;איש אמו ואביו תיראו‬Lev 19:3). These broad, positive formulations support the
idea that the child rebellion law in the participial source would have been a
broad law against cursing parents rather than a specific against striking them.
Another hint that the cursing law was original to the participial source is that
it is significantly different in its overall content and extent compared with LH
192–193, in contrast to the much closer correspondence between the parent-
striking laws in verse 15 and LH 195. It is much easier to see verse 15 deriving
from LH 195 than to see verse 17 deriving from LH 192–193.
CC appears to have chosen the wording of the parent-cursing law in the
native source as a substitute for the content of LH 192–193. This explains the
requirement of capital punishment for cursing parents. This penalty would
have been found in the original participial laws. Indeed, these laws are defined
not only by their participial form but also by their accompanying death penalty,
often described by ‫“ מות יומת‬he shall be put to death.” CC brought this over from
the native source.
It appears that the use of the native parent-cursing law for LH 192–193 is
primarily why CC used the participial source and form for laws in this part of
CC, against the casuistic formulation of corresponding laws in LH. Once CC
had decided to use the extant participial parent-cursing law for LH 192–193, it
used this same form, with its associated capital penalty, to render the father-
striking law of LH 195 in verse 15. Refiguring acts of child rebellion as capital
cases set the stage for moving the homicide law, also a capital case, from its
position in the middle of the series of assault laws in LH 206–208 to the begin-
ning of CC’s capital cases. This move and the formulation of the homicide law
in participial form were facilitated by the presumed existence of a simple law
about homicide in the native participial source that had a formulation similar
to verse 12. This provided further impetus for CC to use the participial form
for all of the capital offenses in verses 12–17. For consistency, CC extended
the participial form to the kidnapping law of verse 16 in rendering the casuis-
tic law of LH 14, as the next section of this chapter shows. Hence the deviant
participial formulation in verses 12–17 has a completely rational explanation
in terms of sources used. Their aberrant form is original to the law collection’s
basic composition.
Two minor issues remain for discussion. It is reasonable to think that the
native parent-cursing law mentioned both father and mother. A law with only
one or the other is hard to explain. Hence the inclusion of both is not generated
from the mention of parents of both genders in LH 192–193. The mention of
both parents in the parent-striking law in verse 15, as opposed to simply the
father in LH 195, derives from the mention of both parents in the parent-cursing
law in the participial source.
Last, because the parents in the CC laws are primarily birth parents (though
theoretically adoptive parents would not be excluded), CC had no reason to
include the declarations found in LH 192 “You are not my father; you are not
my mother.”11 This declaration is a denial of a legally constructed relationship,
much like a husband-wife or slave-master relationship. Such relationships may
be denied and undone. CC, however, does have one such a declaration, in its
debt-slave law in 21:5, where a debt-slave says: “I love my master, my wife,
and my children; I will not go free.” His ear is then pierced, and he becomes a
permanent slave. Recall that this is an inversion of LH 282, where a slave says
of his owner, similar to the child in LH 192: “You are not my owner.”
Kidnapping (21:16)
CC’s kidnapping law (21:16) has a participial formulation like the homicide and
child rebellion laws: “And one who steals a man and either sells him or he is
found in his possession shall be put to death” (‫)וגֺנֵב איש ומכרו ונמצא בידו מות יומת‬.12
Its location between the two child rebellion laws is awkward, whether one attri-
butes this to the original formulation of the text or sees it as an addition.13 It
would be better placed after the child rebellion laws.
CC’s dependence on LH explains the position of this law. Hammurabi’s
child rebellion laws are similarly interrupted by a divergent law (LH 194):14
If a man gives his son to a wet nurse and that son/young child dies in the
care of the wet nurse, and the wet nurse without the permission of his (the
child’s) father or mother contracts for a second young child, they shall
prosecute her. Because she contracted for a second young child without
the permission of his (the first child’s) father or mother, they shall cut off
her breast.
šumma awīlum DUMU (māra)-šu ana mušeniqtim iddinma DUMU/TUR
(mārum/erum) šū ina qāt mušēniqtim imtūt mušēniqtum balum abīšu
u ummīšu TUR (eram) šaniamma irtakas ukannūšīma aššum balum
abīšu u ummīšu TUR (eram) šaniam irkusu tulāša inakkisū
Although this deals with a child, the subject of this law is decidedly different
from the laws about a child renouncing his parents (LH 192–193) or striking his
father (LH 195). It might make better sense if it followed LH 195. The place of
LH 194, of course, is logical in the broader context of Hammurabi’s laws. This
law pertains to the general context of children in the previous laws and rounds
out the context of adoption in LH 185–193. LH 195 then goes on to provide a pivot
between the laws on children that precede and the laws on striking that follow.
CC has imitated the ostensibly disruptive pattern of LH 192–195. Because the
wet-nurse law was legally and perhaps culturally too specific to provide a model
for a law—certainly, it cannot be reduced to a participial form to fit nicely with
verses 15 and 17—CC used the technique of cross-referencing to find a more
cogent substitute for its context. Near the beginning of Hammurabi’s collection,
we find a kidnapping law (LH 14): “If a man steals the young child of a man,
he shall be put to death” (šumma awīlum mār awīlim eram ištariq iddâk).15
Various features in the context of LH 194 and the laws that CC was creat-
ing in verses 12–17 led CC to use Hammurabi’s kidnapping law. The first is
the similar terminology used of the victim. While LH 194 uses the ambigu-
ous logogram DUMU/TUR four times to describe its victim (see the text cited
above), only the first demands being read as DUMU = mārum “son.” The other
cases may be read as TUR = erum “young child,” especially the last two.
Other laws in the vicinity refer to a erum (spelled syllabically; LH 185, 186,
190, 191) and use the aforementioned logogram apparently with the value TUR
= erum (LH 188, 191).16 The possible reading of TUR (=erum) in LH 194
could have led CC’s eye or memory to erum in LH 14. In addition, LH 194
deals with the wrongful acquisition of a child. Clearly this is case in LH 14.
Finally, CC was looking for a law with a capital penalty. LH 14 prescribes this
explicitly. Hence, even though LH 14 is at a significant distance from LH 194
and not part of the sequential template that CC generally follows, its content
made it ripe for CC’s compositional picking.
This logic suggests that CC’s kidnapping law was not part of the native
participial source.17 Of course, we cannot be definitive on this matter. A kidnap-
ping law is otherwise a good candidate for inclusion in a basic list of capital
crimes. Moreover, the short list of rules in the Decalogue includes a general
prohibition against theft, which has been interpreted as prohibiting kidnap-
ping.18 CC’s description of the victim as a “man” (‫ )איש‬and not a child might
also be explained by the wording of a kidnapping law in the participial source
that was not concerned specifically with kidnapping.19 But CC may be general-
izing the context from that of a child in LH 14 to one of any age. In this regard,
observe that while LH 194 and other laws in the context speak about a erum
“young child,” and while the children in LH 192–193, 195 appear to be minors,
CC’s child-rebellion laws in verses 15 and 17 do not specify the age of the
child. CC may have broadened the context to children young and old, including
adult children who have an obligation to support ailing parents.20 A broadening
of a young child (erum) in LH 14 to “a man” (‫ )איש‬in the intervening kidnap-
ping law of verse 16 makes sense in such a reformulation.
The other chief difference between verse 16 and LH 14 is the inclusion of
certain subconditions in CC’s law: “and sells him or he is found in his pos-
session” (‫)ומכרו ונמצא בידו‬. These subconditions can be attributed to CC’s use
of LH. The two conditions appear in the animal theft law of 21:37 + 22:2b–3:
“If a man steals an ox or sheep and slaughters it or sells it” (‫כי יגנב איש שור או‬
‫ ;שה וטבחו או מכרו‬21:37) and “if the theft is found in his hand” (‫אם המצא תמצא‬
‫ ;בידו הגנבה‬22:3). These conditions derive from the agricultural theft laws upon
which CC’s animal theft laws are sequentially dependent (see chapter 9 for
detail). LH 265 speaks of selling a stolen animal: “If a shepherd to whom cattle
and flock animals were given for shepherding acts criminally (?), alters a pos-
session mark and sells (them) (ana kaspim ittadin).” LH 253 speaks of stolen
grain being found in a thief’s possession: “If that man steals either seed or fod-
der and it is found in his hand (ina qātīšu ittabat).” It is reasonable to believe
that these two conditions, primary to the context of the animal theft laws, were
introduced into a basic kidnapping law. This addition could have been made in
the drafting stage; it is not necessarily an insertion at a later stage of redaction.
The conceptually awkward position of the second subcondition (“or [!] is found
in his possession”) in 21:16 is not a definitive sign of a later insertion. The order
of the phrases merely replicates the order that the phrases are found in the ani-
mal theft law (21:37 followed by 22:3).21
The context of Hammurabi’s kidnapping law may have stimulated the inclu-
sion of the subconditions just examined. The laws immediately after LH 14 are
concerned with enabling the escape of slaves and harboring them (LH 15–20).
LH 19 speaks of finding a slave in someone’s possession:
If he (a man finding a fugitive slave) detains that slave in his house, and
later the slave is seized in his hand, that man shall be put to death.
The idiom “is seized in his hand” (ina qātīšu ittabat; cf. LH 20) is the same as
in LH 253, which lies behind 22:3. Detaining a slave is like kidnapping.
The Final Participial Laws (22:17–19)
The participial laws in 22:17–19 are at some distance from the initial participial
laws in 21:12, 15–17. Some who have seen the similarities between the two sets
of laws have concluded that the separation is due to CC’s arrangement in chi-
astic form.22 Although CC does display intentional chiastic arrangement else-
where, this is not the reason for the separation of the two sets of participial laws.
Exodus 22:17–19 have been attached at the end of CC’s casuistic laws because
they are a miscellaneous appendix.23 Unlike the laws in 21:12, 15–17, they have
no specific connection with the sequential content of LH that generated the
bulk of the casuistic laws in CC. Moreover, they do not provide a legal basis
for, or have a clear attachment to, laws in the body of casuistic laws, unlike the
appended seduction law in 22:15–16, which provides the rationale for a credi-
tor’s marriage to the daughter of a debtor in 21:7–11 and which was also placed
near the end of CC’s casuistic laws because it is based on a source other than
LH (see chapter 5). Therefore, the final participial laws were placed at the very
end of the casuistic laws, but still as part of CC’s original composition.
In what follows, we review the three final participial laws to see what rela-
tionship they may have to themes in cuneiform law, to examine their thematic
relationship to the rest of CC, and to assess whether they were part of the par-
ticipial source that CC employed or were secondarily created by CC on the
pattern of the participial source.
Sorcery (22:17)
The sorcery law in 22:17 is somewhat different than the other participial laws:
“You shall not let a sorceress live” (‫ַשׁפָה לא ְת ַחיֶּה‬
ֵּ ‫) ְמכ‬. The verb describing the
penalty is second person, and the word in participial form is the object of this
verb. The law would be more similar to the other participial laws if it read “a
sorceress shall not live” (‫)מכשפה לא ִת ְחיֶה‬, with the participial form as a sub-
ject.24 Another difference is that the participial form ‫“ מכשפה‬sorceress” refers
to a class of persons more than to the performance of an action. Nevertheless,
because the basic form of the law is close to the other participial laws and verse
17 is contiguous to the participial laws in verses 18–19, we may assume that it
is to be associated with the participial legal form in CC.
Of the three final participial laws, this law is most relatable to the content
of Akkadian legal collections.25 LH 2 describes a case where a man charges
another with kišpū “sorcery,” the same Semitic root of CC’s ‫“ מכשפה‬sorcer-
ess.”26 The penalty is death: either the accused, guilty of sorcery, succumbs in a
divine river ordeal, or the accuser suffers death for false accusation, apparently
a measure-for-measure punishment. NLB 7 speaks specifically about a woman
practicing a magical act (nepēšu) or purification (takpirtu), though it does not
use the root kšp to describe her activity. She pays threefold the loss that occurs.
The end of the law is broken, but it seems to say that if she is caught in the act,
she is to be put to death.
The law closest to verse 17 is MAL A 47. The first part of the law sets down
the basic case:
If a man or a woman performs witchcraft and they are found out (lit.
[witchcraft] is found in their hands), they shall charge and convict them,
they shall kill the performer of sorcery.
šumma lū a’īlu lū sinniltu kišpē uppišūma ina qātēšunu iabtū
ubta’’erūšunu ukta’’inūšunu muppišāna ša kišpē idukkū
This law uses the root kšp. A female is included as one practicing sorcery.
Moreover, the phrase muppišāna ša kišpē idukkū “they shall kill the performer
of sorcery” contains, conceptually, all the basic elements of CC’s law.
It is possible, though not certain, that CC constructed a participial law based
on a casuistic source like this, which can help explain why it deviates from the
more standard form of the other participial capital punishment laws. The reason
for creating this law may have been a desire to include a third law on religious
taboos to complement the participial laws on bestiality (v. 18) and illicit sacri-
fice (v. 19). A third law of this sort gives the group coherence as a unit within
CC. As such, the law may be a response to Assyrian practices. Schwienhorst-
Schönberger, for example, believes that the law grew up in response to a foreign
context and fits best in the Neo-Assyrian period:
The first appearance of the term [the root ‫ ]כשף‬in the middle of the sev-
enth century—apart for the time being from Exod 22:17—and the well
attested connection back to non-Israelite circles makes plausible the the-
sis that the activity or professional group designated by ‫ כשף‬does not
belong to an old genuine Israelite tradition of magical or divinatory prac-
tices, such as the Ephod, Urim and Thummim, but apparently came into
Israel under the influence of Assyrian culture.27
The position and content of the law may also be related in function to the
seduction law that precedes it in verses 15–16. Van der Toorn observed that
a woman might employ the means prohibited by verse 17 to achieve ends not
open to her through normal legal channels:
Juridically, a woman could only undertake an action against her hus-
band or in-laws in extreme cases. . . . One may imagine the following
situation: a newly married woman seems to be no longer fertile after a
first pregnancy. Not satisfied with one child, her husband takes a con-
cubine. What must the first woman do with her anger over the humilia-
tion; does she swallow it? Possibly. But she could also try to make her
rival sick by means of spells, or deprive her husband of his potency
by adding magical materials to his food. In other words, she became a
sorceress.28
If so, the sorcery law may operate in a fashion similar to the immediately pre-
ceding seduction law of 22:15–16 and provide commentary on the slave wife
law of 21:7–11. It may be tied specifically to the displeasure that the creditor-
husband has for the woman and her subsequent marginalization in the house-
hold (21:8, 10–11). Her response may be to attack him magically, especially if
he does not release her. The sorcery law may be similarly and directly related
to the seduction law. A woman may use sorcery to react to her seducer and to
her father who agrees to give her to the seducer.29 Thus verse 17 provides a
conceptual pivot between the seduction law in verses 15–16 and the laws on
religious taboos in verses 18–19.
Bestiality (22:18)
CC’s next participial law prescribes: “Anyone who lies with an animal shall be
put to death” (‫ ;כל שֺׁכֵב עם בהמה מות יומת‬22:18).30 The form of this law is more
akin to the participial laws in 21:12, 15–17 than to 22:17, 19. It differs from the
first group only in having the generalizing noun “all/any” (‫ )כל‬attached at the
beginning (see table 6.1 in chapter 6). This term could be an addition by CC, if
the law derives from the participial source.
The law does not clearly depend on cuneiform sources. LH contains laws
about incest (cf. LH 154–158) but none about bestiality. The Hittite Laws con-
tain several laws about bestiality (HtL 187–188, 199–200a) in addition to incest
(HtL 189–196). But these seem to reflect the particular cultural views of the
Hittites and would not be manifested as such in Akkadian law sources now
unknown to us but available in the Neo-Assyrian period.31 It is possible that CC
did use an unknown Mesopotamian source that proscribed bestiality, though
not with the extent or content of the rules in the Hittite Laws. But in view of a
lack of clear attachment to a cuneiform source and the reasonable supposition
that some of the participial laws in 22:17–19 come from a participial source, this
may be identified as one of those laws.32
The law has no clear connection to the main body of casuistic laws or to the
apodictic laws. It is doubtful that we are to connect it to the topic of animals
mentioned in the laws on negligence, theft, and agricultural concerns (21:33–
22:14)—that it warns against their misappropriation for sexual purposes! It has
been argued that the prohibition has to do with bestiality in a cultic context,
which has some support from the surrounding participial laws.33 This, however,
is not clear. It is best to explain it topically, as noted already, as legislating a
general religious and cultural taboo.
Sacrifice to Other Gods (22:19)
The last participial law deals with sacrifice to other gods: “One who sacrifices
to (other) gods shall be proscribed (i.e., exterminated)—apart from Yahweh
alone” (‫)זֺבֵח לאלהים יחרם בלתי ליהוה לבדו‬. The last phrase in CC’s law, “apart from
Yahweh alone” (v. 19b), appears to be secondary.34 The Samaritan reads differ-
ently and supports eliminating the explanatory clause of MT as part of the origi-
nal text. It reads: “One who sacrifices to other gods shall be exterminated” (‫זבח‬
‫)לאלהים אחרים יחרם‬. The Samaritan, however, has added its own gloss, “other”
(‫)אחרים‬, unless this is original and has been dropped by haplography because of
similarity to ‫“ יחרם‬be exterminated.”35 The original text probably read “one who
offers to gods (i.e., other gods) shall be exterminated” (‫)זבח לאלהים יחרם‬.36 The
full wording of CC law, however, may not be significantly late because 2 Kings
5:17 appears to reflect the wording of CC. Naaman, after asking to take some
earth of the land of Israel with him back to Syria, explains “for your servant
(i.e., Naaman) will never again offer a burnt offering and sacrifice to other gods
except Yahweh” (‫)כי לא יעשה עוד עבדך עלה וזבח לאלהים אחרים כי אם ליהוה‬.37
CC’s law, even in the presumed original truncated version of 22:19a, has no
counterpart in cuneiform collections. It reflects Judean and Israelite theological
perspectives, and laws about making sacrifices to gods are not part of cunei-
form legal collections. This is the type of law that one might expect to see in
the native participial source.
Of the three participial laws in verses 17–19, this one is the most relatable to
the context.38 It echoes other laws in the apodictic sections that require loyalty
to Yahweh (20:23–26; 22:27; 23:13) and relates to the primary theme of cultic
practice (20:23–26; 22:28–30; 23:14–19). This theme in the apodictic laws may
have determined the use of 22:19 from the participial source. The presence of
this theme in the final apodictic laws may have determined that the law on sac-
rifice should be placed at the end of the three participial laws in 22:17–19.39 It
may be that this law led to the invention of its companion laws in verses 17–18
to give substance to the appendix of participial laws. But this, of course, is
speculative.
Conclusion
The participial laws that clearly or relatively clearly appear to have been part of
the native participial source include the laws on parent cursing (21:17) and on
homicide (21:12). Others that were probably included in this source are the laws
on bestiality (22:18) and on sacrifice to other gods (22:19). It is less likely that
the laws about the sorceress (22:17) and kidnapping (21:16) were part of this
source, and it is quite certain, in the logic of this study’s argument, that the law
on striking a parent (21:15) did not belong to this source. The laws that derive
from the participial source were probably revised somewhat to fit the context of
CC, and some were influenced by motifs in LH. It is therefore impossible to be
certain of the original wording of the laws in the participial source. We might
also assume that some laws in the participial source were left out of CC.
The two groups of participial laws were separated from each other in CC
because of their correlations or lack thereof with LH. The first participial laws
correlate with or are based on laws from LH: homicide (21:12 // LH 207), child
rebellion (vv. 15, 17 // LH 192–193, 195), and kidnapping (v. 16 // LH 14 via
cross-referencing from LH 194). The last participial laws do not correlate with
the content of LH, and only the sorcery law (22:17) seems to have any possible
correlation in known Akkadian legislation (cf. MAL A 47). The lack of rela-
tionship to LH determined the placement of the final group of participial laws,
as an appendix to the casuistic laws. The primary reason for including this last
group of laws appears to be that as a whole they emphasize Yahweh’s superior-
ity and prescribe sanctions for reprehensible behaviors.
This analysis indicates that all of the participial laws in CC are original to
its basic composition, even though they have a genre distinct from the casuistic
laws in which they are contextualized.40 The retention of the form is mainly
because CC presumably found in the participial source a ready-made law
that could stand in the place of Hammurabi’s parent denunciation laws (LH
192–193). CC carried this over essentially unchanged in 21:17. This offered
the syntactic template, as well as the punishment, for the parent-striking law
in verse 15, whose content was otherwise derived from LH 195. Once CC had
thus chosen to use the participial form with its attending capital punishment for
the child rebellion laws, it used it for its homicide law (v. 12), which probably
in any case had a parallel in the participial source. CC also used the participial
form and capital penalty for the kidnapping law in verse 16, based on LH 14.
The participial laws in 22:17–19, some of which may derive from the participial
source, were placed at the end of the collection as a miscellaneous appendix,
still as part of the basic composition of CC. If the laws on bestiality and sac-
rifice to other gods in 22:18–19 were part of the participial source, they may
have generated a prohibition against sorcery in verse 17 from Akkadian law
as a companion regulation, perhaps to provide some balance with the first set
of participial laws. The last set of participial laws is thus part of the body of
casuistic legislation, as is first set. They do not form the beginning of the final
apodictic laws, even though they have associations with the religious theme of
the final apodictic laws.41
Within CC’s casuistic laws, it is in the participial laws that we find clearer
expressions of native legal ideas. Those laws that are original to the particip-
ial source presumably reflect, at least ideally, how those cases were treated in
Israel or Judah. The participial laws secondarily created within the context of
CC may also be consistent with native views.
8
The Goring Ox and Negligence
(Exodus 21:28–36)
The goring ox laws in CC and LH (Exod 21:28–32 and LH 250–252) have been
a focus of study for reconstructing the history of Near Eastern legal ideas and
testing theories of comparative analysis. They have been viewed as a micro-
cosm of the larger issues that must be explored in study of the relationship of
CC and LH and of biblical and Near Eastern law more generally.1 The close
similarities between the biblical and Akkadian laws are visible even by casual
inspection. At the same time, the biblical laws have significant differences.
These are usually explained as developments in custom over time. It has been
thought, for example, that both sets of laws stem from common ancestral leg-
islation in the early second millennium and that over the centuries, as the laws
were passed on orally and independently, and as they came to be practiced in
ancient Israel, CC’s laws acquired their unique features.
Against this conventional model, this chapter explains how the distinctive
formulation of CC’s goring ox laws arose from the direct systematic revision
of LH. After using LH 195–214 for its homicide, assault, miscarriage, talion,
and slave injury laws in 21:12–27, CC jumped ahead to the goring ox laws in
LH 250–252 to expand its legislation on homicide. Its consideration of these
laws in connection with another goring ox law similar to LE 53 led it to iden-
tify contradictions whose solutions generated the distinctive features of its ox
laws in 21:28–32, 35–36, including the requirement of stoning a lethal ox. As it
developed laws on this supplemental topic of negligent homicide, CC created
its associated laws on the topic of negligence (vv. 33–34), generated in part by
other laws in the context of Hammurabi’s ox laws.
205
Goring a Human (21:28–32)
CC’s laws about an ox lethally goring a human correspond closely with the
three goring ox laws of LH 250–252:2
Exodus 21:28–32 LH 250–252

28 250
If an ox gores a man or woman and he If an ox gores a man while
dies, the ox shall be stoned, its flesh shall passing through the street and
not be eaten, and the owner of the ox is kills (him), that case has no
not liable. claim.
29 251
If an ox is a habitual gorer, from previ- If a man’s ox is a habitual gorer,
ous experience, and its owner has been and his district has informed him
warned, but he did not restrain it, and it that it is a habitual gorer, but he
kills a man or woman, did not file its horns and did not
control his ox, and that ox gores a
man of the awīlum-class/son of a
man and kills (him),
the ox shall be stoned and its owner shall he shall pay one-half mina (=
be put to death. thirty shekels) of silver.
30
If ransom is laid upon him, he shall pay
the redemption price for his life, according
to whatever is laid upon him.
31
Or (if) it gores a son or daughter, it shall
be done for him according to this law.
32 252
If the ox gores a male slave or a female If it is the slave of an awīlum
slave, he shall pay thirty shekels of silver he (the ox owner) shall pay one-
to his (the slave’s) master and the ox shall third mina (= twenty shekels) of
be stoned. silver.
‫וכי יגח שור את איש או את אשה ומת סקול יסקל‬28 250
šumma alpum sūqam ina
‫השור ולא יאכל את בשרו ובעל השור נקי‬ alākīšu awīlam ikkipma uštamīt
dīnum šū rugummâm ul īšu
‫ואם שור נגח הוא מתמל שלשם והועד בבעליו‬29 251
šumma alap awīlim
‫ולא ישמרנו והמית איש או אשה‬ nakkāpīma kīma nakkāpû
bābtašu ušēdīšumma qarnīšu lā
ušarrim alapšu lā usanniqma
alpum šū mār awīlim ikkipma
uštamīt
‫השור יסקל וגם בעליו יומת‬ 1/2 mana kaspam inaddin
‫אם כפר יושת עליו ונתן פדין נפשו ככל אשר יושת‬30
‫עליו‬
‫או בן יגח או בת יגח כמשפט הזה יעשה לו‬31
‫אם עבד יגח השור או אמה כסף שלשים שקלים‬32 252
šumma warad awīlim 1/3
‫יתן לאדניו והשור יסקל‬ mana kaspam inaddin
The Goring Ox and Negligence 207
The three laws of LH appear in CC in the same order, with the same distri-
bution of protases and apodoses, and with almost the same basic legal judg-
ments. In the first law (21:28; LH 250), the protases describe a case of ad hoc
goring in which a person dies, and the apodoses pronounce (in different words)
that the owner of the ox is not liable. The next law (21:29; LH 251) describes
a case of a habitually goring ox killing a person. The protases of the two laws
state that the owner has been warned but he did not control the animal, and the
apodoses hold the owner liable. Although CC first uniquely requires execu-
tion, it ultimately allows monetary payment (v. 30; on the originality of this
verse, see later), as does LH, though CC does not state a specific sum. If the
following verse (v. 31) about a child victim is considered a footnote to verses
28–30 (see later), then the next main law in CC is about a slave as a victim (v.
32). CC’s protasis in verse 32 is fully formulated as opposed to the abbreviated
form in LH 252, which is dependent conceptually on LH 250–251 that imme-
diately precede it (see later discussion). Verse 32, like LH, prescribes a fixed
fine, though its thirty shekels is the amount required for a known gorer killing
a free person in LH 251.
Despite the observable differences, to be explained later, CC has clearly
used LH as the foundation for 21:28–36. The verses after the core in verses
28–32 (i.e., vv. 33–36) supplement the main law and are based on laws from
other places in LH or on another Akkadian law, as we will see. The intermedi-
ate law in verse 31 grows out of an element of LH 251 in connection with laws
elsewhere in LH and thus supplements the main laws in verses 28–30, 32 that
are squarely based on LH. This organizational structure is similar to the major-
ity of other sections of CC, where topics begin with material that correlates
with LH or where the main structure of the section correlates with LH.3
Literary and Redaction-Critical Analysis
That the main source text of Exodus 21:28–32 is LH 250–252 correlates remark-
ably well with literary, form, or redaction-critical evidence and observations
on an elemental and pericope-specific level. I summarize here the evidence
presented in Schwienhorst-Schönberger’s mainly literary critical analysis of
the composition of the verses, since his is the most detailed. This summary
is supplemented occasionally with other observations that complement his
conclusions.4
For Schwienhorst-Schönberger, various stylistic and conceptual inconsis-
tencies lead to the conclusion that the original text of 21:28–32 consisted of
only verses 28–29 plus 32. He considers verse 30 secondary because it inter-
rupts the context and provides an alternative penalty to verse 29 and because
the penalty in verse 31, “it shall be done for him according to this rule” (‫כמשפט‬
‫)הזה יעשה לו‬, seems to follow verse 29 and seems to refer to a single penalty,
the killing of the owner.5 Further, he says, if verse 30 were original, verse 31
would probably have restated the subject (i.e., “the ox”) of the verb gore in its
first clause (hypothetically ‫“ *או בן יגח השור או בת יגח‬or if the ox gores a son or a
daughter”). It does not need to be stated if verse 31 directly followed verse 29.6
Otto provides two other reasons for separating verse 30: the verse has a some-
what tautological, even redundant, formulation different from verses 28–29,
and it goes against the apparent unconditionality or fixity (“Unabdingbarkeit”)
of the capital penalty in verse 29.7
But verse 31 itself is also an addition, in the view of Schwienhorst-
Schönberger. It expands the case of verses 28–29 and does not use the regular
casuistic conjunctions ‫“ כי\אם‬if,” but the alternative conjunction ‫“ או‬or.”8 Otto
also notes that verse 31 (as well as v. 32, which he groups with v. 31) begins
with the victim, as opposed to verses 28–29. Verse 31 replicates the concern for
“male” and “female” victims of verses 28–29.9
Schwienhorst-Schönberger additionally notes that the prohibition “its flesh
shall not be eaten” (‫ ;ולא יאכל את בשרו‬v. 28) stands out in the context of what is
otherwise casuistic law. This prohibition is more like the legislation in the apo-
dictic sections of the collection (20:23–26; 22:17–23:19). Moreover, removal of the
prohibition leaves a conceptually smooth text: ‫“ *סקול יסקל השור ובעל השור נקי‬the
ox shall be stoned; the owner of the ox is not liable.” Nevertheless, he notes that
if this was the original text, the second instance of ‫“( השור‬the ox”) here might
be represented by a pronoun: ‫“ *סקול יסקל השור ובעליו נקי‬the ox shall be stoned
and its owner is not liable,” similar to the construction of verse 29, ‫השור יסקל‬
‫“ וגם בעליו יומת‬the ox shall be stoned and its owner shall also be put to death.”
He concludes, in the end, that the prohibition of eating was brought in from
preexisting tradition but was nevertheless part of CC’s original formulation of
the text.
One could modify Schwienhorst-Schönberger’s conclusion, however, and
imagine that the whole ox penalty (‫“ סקול יסקל השור ולא יאכל את בשרו‬the ox shall
be stoned; its flesh shall not be eaten”) and the conjunction before ‫“ בעל‬owner”
are secondary in verse 28. There is then no problem with the formulation of
the last clause; the basic text would have read: ‫וכי יגח שור את איש או את אשה ומת‬
‫“ בעל השור נקי‬if an ox gores a man or woman and he dies, the owner of the ox is
not liable.” If this is removed, then the stoning requirement in verses 29 and 32
would also have to be removed for consistency.
The entire basic text, with the stoning requirement and eating prohibition
bracketed as a conceptual and traditional expression if not a textual supple-
ment, according to this mode of analysis, runs as follows:10
‫וכי יגח שור את איש או את אשה ומת ]סקול יסקל‬28 28
If an ox gores a man or woman
‫השור ולא יאכל את בשרו ו[בעל השור נקי‬ and he dies, [the ox shall be
stoned, its flesh shall not be
eaten, and] the owner of the ox
is not liable.
‫ואם שור נגח הוא מתמל שלשם והועד בבעליו ולא‬29 29

If an ox is a habitual gorer,
‫ישמרנו והמית איש או אשה ]השור יסקל וגם[ בעליו‬ from previous experience, and
‫יומת‬ its owner has been warned but
does not restrain it, and it kills a
man or woman, [the ox shall be
stoned and] its owner shall [also]
be put to death.
‫אם עבד יגח השור או אמה כסף שלשים שקלים יתן‬32 32
If the ox gores a male slave
[‫לאדניו ]והשור יסקל‬ or a female slave, he shall pay
thirty shekels of silver to (the
slave’s) master [and the ox shall
be stoned].
It is remarkable that this text, which is deduced mainly on the basis of liter-
ary critical criteria and not on a comparison with cuneiform law, turns out to be
very close to that of LH 250–252.11 The similarities here between CC and LH
are almost as close as the similarities between Exodus 21:35 and LE 53, to be
examined shortly. If one concludes that 21:35 depends on a law similar to LE
53, as Schwienhorst-Schönberger and some others do,12 then to be consistent,
one must conclude that the original core of the goring ox laws in 21:28–30, 32
results from literary dependence.
But what is one to make of the components that can be separated from this
core text? Rather than accretions added to the text over a long period of time by
various editors, as Schwienhorst-Schönberger and others would argue, I submit
that they are the result of CC’s creative revision of its cuneiform source texts. Its
various compositional operations—rendering sources, expanding upon these,
systematizing data from them, adding amendments, and so forth—produced
most of the sharp edges and inconsistencies perceived in the text. In short, there
are strata in the text, but these mainly reflect the various sources that CC used
and its modifications of and additions to those sources.
CC’s Changes to the Main Goring Ox Law
With these general observations in place, we are in a position to describe CC’s

reworking of its sources in verses 28–32. The first observable modification in
verse 28 is the omission of the phrase describing the goring as occurring while
the ox was “passing through the street” in LH 250.13 Perhaps CC intended to
generalize the context, not limiting the event to an urban or market context.
Thus goring in a pen or the open country would fall under the same rule.
Another modification in verse 28 is the inclusion of a woman as a victim,
along with a man. This is also found in verse 29 (the case of a habitually goring
ox) and in verse 32, where a female slave (‫ )אמה‬is mentioned in addition to a
male slave (‫)עבד‬. LH mentions only “a man” in 250–251 and a “(male) slave”
in 252. A similar expansion is found in verse 31, where a daughter, along with
a son, is mentioned as a victim. LH 229–230, which are a part of the inspira-
tion for this verse (see later), mention only a “son.” Chapter 5 examined the
evidence for gender inclusivity in CC and LH, noting that some formulations
with gender inclusivity in LH elsewhere may have influenced CC to include
both genders in several of its laws.
A slight variation in CC in verse 28 is the G-stem of the verb ‫ מות‬for the
victim (‫“ ומת‬and he dies”) as opposed to the C-stem in LH (“and it kills [him]”
uštamīt). This may have been chosen to avoid using a causative verb without an
explicit object as in LH. CC does retain the causative ‫“ המית‬it killed” in verse
29 with the object when it omits the verb for goring. This verb has the object
(“and it kills a man or woman”; see later). The G-stem is consistent with the
form used in 21:12, 18. The law related to these verses is LH 208, which uses
the G-stem imtūt “he dies.”
The requirement to stone the ox and not eat its flesh is the most obvious dif-
ference in verse 28. A full explanation for this has to wait until we have looked
at verses 35–36. We will find that the stoning of the ox is an attempt to provide
systematic consistency to the various Akkadian laws that CC used.
The last difference to note in verse 28 is the variation in the final clauses that
refer to the owner’s lack of culpability. The formulation in CC, that “the owner
of the ox is not liable,” over against LH’s impersonal phrasing, that “that case
has no claim,” is probably due to CC’s reformulation of the owner’s penalty in
the more severe case of verse 29. There, the owner is specifically mentioned (to
complement the mention of the ox’s and its penalty; see later). Hence verse 28
mentions the owner and his legal status to stand in parallel to the formulation of
verse 29, as opposed to merely saying that the case is not prosecutable.
In verse 29, CC follows LH in describing the ox as a gorer, even using a
qattāl-based form as found in LH (‫ ;נַגָּח‬nakkāpûm).14 CC adds the adverbial
“from previous experience” (‫)מתמל שלשם‬. This may have been to show that the
habit of goring is something founded on a clear behavioral history or simply to
emphasize the fact that the animal had been known to gore.
Verse 29 also uses the verb ‫הועד‬, literally, “warning was given” (C-passive
stem of 15,(‫ עוד‬whereas LH uses ušēdīšum “(it) informed him” (C-stem of
idû, cognate to ‫“ ידע‬know”). One wonders if the Hebrew text originally read
‫“ הוֹ ִד ַע‬he (an impersonal subject) informed.”16 This would be supported by the
appearance of the N-stem of ‫ ידע‬in a similar context in verse 36: “(if) it is
known (‫ )נודע‬that the ox is a habitual gorer. . . . ” Yet, the use of the preposition
-‫ ב‬makes it more likely that ‫ הועד‬is correct since this verb often takes that prepo-
sition. The Akkadian verb may have raised the possibility of using the root
‫ידע‬, but CC brought in another legal term with phonological similarity to that
root. The shift to ‫ הועד‬may be partly due to—or the cause of—the omission of
reference to the agency of the owner’s “district” (bābtašu). By using a term of
legal warning associated with authority, the actual agent could remain implicit.
Of course, omitting the “district” could also match differences in CC’s native
institutional structure.17
CC omits the phrase in LH “he did not file its horns” in verse 29. It only has
‫(“ ולא ישמרנו‬he) did not restrain it,” which correlates with the phrase alapšu lā
usanniqma “he did not control his ox.”18 CC may be abbreviating the double
formulation in LH, or it may be seeking to eliminate a superfluous criterion.
The real issue is control of the animal. If, for example, the owner had filed the
horns of a habitual gorer, but it killed someone, the owner would still be liable.
Therefore, this need not be said.
As noted earlier, verse 29 uses ‫“ המית‬it killed,” the causative stem of the root
‫מות‬, similar to the causative uštamīt “it killed” in LH. Preserving the C-stem is
apparently due to the omission of the verb ikkip “it gored” in LH. The noun ‫איש‬
“man” and the added ‫“ אשה‬woman” (as discussed earlier) become the objects
of ‫המית‬.
CC follows the revision it made in penalties in verse 28 at the end of verse
29. It adds that the ox is to be stoned and that, in the case of a habitual gorer,
the owner is to be put to death. These modifications are part of a systematic
interpretation of its cuneiform sources, as I discuss later.
It is possible that verse 30, which allows for a monetary ransom, is an addi-
tion by a later editor. But the requirement of capital punishment in verse 29 is
excessive within the context of CC. This is, after all, not a case of intentional
homicide.19 CC may have written verse 30 as a retreat from the idealistic rigor
of verse 29. LH 251 provided the inspiration for this alternative penalty by its
requirement to pay thirty shekels of silver. CC left the amount undetermined.20
That verse 30 is original is also suggested by the consistency of its require-
ment of payment with the requirement of payment in the case of a slave in
verse 32, which must be part of the core law.21 Verse 30 thus hovers between
the pure idealism of verse 29 and the practical economic solution of verse 32.
The verse’s disruptive character and unusual formulation are due to its being
a secondary response conceptually and its not following LH closely at this
point.
Part of the reason that the amount to be paid in verse 30 was left unspecified,
probably to be determined by the victim’s kin as in the miscarriage law of verse
22,22 is that CC made the thirty shekels of LH 251 the penalty for killing a slave
in 21:32. One of the notable differences is CC’s calling the payment a ‫“ כפר‬ran-
som” and a ‫“ פדיון נפשו‬redemption price for his life.”23 This description depends
on the possible requirement of capital punishment in the previous verse. LH
does not view its payment as a ransom because capital punishment is not raised
as a possibility. The payment there is only indemnification.24 How CC’s ransom
relates to the requirement of indemnification for inadvertent homicide (cf. v.
23a and chapter 6) is discussed later.
Verse 31, which says that the case is handled like that of an adult when
a child is a victim of goring, comes from the same hand that created verses
28–30. It has two stimuli. The immediate cause is the wording of LH 251,
which speaks of the victim as a mār awīlim, as opposed to a simple awīlum in

250. The term mār awīlim could be interpreted literally as “son of a man,” as
opposed to the possible interpretation as “member of the awīlum class.” This
dispute is found among modern scholars. For example, Jackson and Westbrook
take the idiom in LH 251 literally.25 This way, the laws of LH 250–251 entail an
exemplary completeness, by treating different types of victims. Yaron, on the
other hand, would render the term as simply “free man.”26 It appears that this
dispute existed in antiquity as well. CC created laws based on both semantic
possibilities. Verses 29–30 deal with a case where the term is understood to
refer to an adult; verse 31 deals with a case where the term is taken literally.
Thus verse 31 is by no means secondary, and it becomes specific proof that CC
is working with the Akkadian text of LH.
In verse 31, CC is also responding to the three laws in LH that prescribe
vicarious punishment when a child is a victim of a homicide. These include LH
116, where a creditor’s abusive killing of a debtor’s son requires the execution
of the creditor’s son (cited in chapter 6); LH 210, where a person’s killing of a
pregnant woman, described as a “daughter of a man,” requires the execution of
his daughter (also cited in chapter 6); and LH 230, where the death of a house-
holder’s son as a result of the collapse of a shoddily built house requires the exe-
cution of the builder’s son (cited later). CC clearly knew the first two of these
laws and wrote corresponding legislation, but did not follow their penalties, as
demonstrated in chapter 6. It used LH 116 as background legislation for the law
about killing slaves in 21:20–21. It apparently objected to and replaced LH 210
with a summary of the talion laws for the penalty when a pregnant woman dies
when struck by fighting men in 21:23–25.27 CC also probably knew and used
the law on the falling house in LH 229–230, and of the three laws from LH, this
may have had particular influence on 21:31.28 As the next section of this chap-
ter points out, LH 229–230 have similarities with and presumably influenced
the negligence law in verses 33–34, which is only one intervening verse away
from the child victim rule in verse 31. LH 229–230 were therefore probably
prominent in CC’s mind at this point in drafting the text. Too, it should be noted
that LH 229–230 are textually not too distant from the goring ox laws of LH
250–252. Furthermore, of the three laws featuring vicarious punishment, LH
230 is the closest conceptually to verse 31 (see the text later). It involves a case
of negligence, and the killing is indirect.
Because CC is creatively drafting a law from the implications of LH and
using materials outside the specific context of LH 250–252 for verse 31, it was
free to use a slightly deviant formulation and so begin the law with the con-
junction ‫“ או‬or.”29 The same conjunction is found in verse 36, apparently also
an innovation (see later). This is similar to other laws where CC shows freedom
in formulation when it does not follow the specific order or formulation of LH:
the case of homicide in 21:12–14 and the talion laws in 21:23b–25 (see chapters
6 and 7). Divergence from strict casuistic form is therefore not necessarily an
indication of augmentation by a later hand.
Finally, verse 32 is quite similar to LH 252.30 CC’s full formulation of the

law, with verb and its subject, is due to the inclusion of verses 30–31, which
interrupt the conceptual flow and thus required restating the fact that the ox
gores.31 Verse 32, in harmony with verses 28, 29, and 31, adds a female victim
(see earlier). The monetary penalty in verse 32 is thirty shekels of silver (‫כסף‬,
kaspum), as opposed to the twenty shekels required by LH. As we see in detail
later, CC systematically increases the penalties in cases of a goring ox. CC
boosted the amount for a slave by taking over the amount to be paid in a case of
a free man (awīlum) in LH 251.
Negligence and Animals (21:33–34)
The verses just after the laws about an ox killing a human are concerned
with negligence (21:33–34). These relate to the previous laws in dealing with
an ox and expand the case to include an ass as well. But the animals are vic-
tims in this law, not delinquents. This law does not have a close counterpart
in LH or in any other known cuneiform collection. The evidence does not
allow for a definitive explanation of the derivation of this law. Two possi-
bilities are outlined here: it is either a rather free creation based on stimuli
mainly in LH, or it depends substantially on a currently unknown cuneiform
law. The first option is admittedly speculative, and the second is based on
circumstantial evidence. But these options demonstrate the directions that
an explanation may go and provide a basis for developing other theories of
development within a hypothesis of CC’s general dependence on LH and
similar sources.
The first solution sees the law as deriving primarily from motifs in the law
about a jerry-builder’s negligence in LH 229–230:32
Exodus 21:33–34 LH 229–230

33 229
If a man opens a pit or if he digs a pit If a builder makes a house for a
and does not cover it, and an ox or ass man, but does not fortify his work,
falls into it, 34the pit owner shall repay and the house he made falls and
(it); he shall restore silver to its owner, kills the house owner, that builder
and the dead animal shall belong to him shall be put to death.
230
(i.e., the pit owner). If it kills the son of the house
owner, they shall kill the son of
that builder.
‫וכי יפתח איש בור או כי יכרה איש בר ולא יכסנו‬33 229
šumma itinnum ana awīlim
‫בעל הבור ישלם כסף‬34 ‫ונפל שמה שור או חמור‬ bītam īpušma šipiršu lā udanninma
‫ישיב לבעליו והמת יהיה לו‬ bīt īpušu imqutma bēl bītim uštamīt
itinnun šū iddâk
230
šumma mār bēl bītim uštamīt
mār itinnim šuāti iddukū
The signs of dependence are oblique. First, LH 230 may have partly moti-
vated 21:31, just two verses away, as discussed previously. Therefore, CC
appears to have been aware of this law, in the context and neighborhood of
the goring ox laws. Second, both verses 33–34 and LH 229–230 involve a case
of “falling,” using the verbs ‫ נפל‬and maqātum, respectively. The difference is
that the falling in CC is subjective, where the victim falls, while in LH it is
objective, where the victim is fallen upon. Nevertheless, the verb maqātum is
used in other Akkadian texts subjectively and is in fact used of falling into a
pit. For example, in Tablet VI of the Gilgamesh epic, the snorting of the bull of
heaven opens up (petûm; cf. Heb ‫ פתח‬in 21:33) holes or chasms (šutātum) into
which Enkidu and hundreds of people from Uruk fall.33 The Akkadian verb
is also used of falling into a būrum, a term cognate with the Hebrew ‫בר\בור‬:34
2 ÌR.É(!).GAL ša ana būri imqutū ša ištēn kirrašu šebir “of the two build-
ers(?) who fell into the well, one suffered a broken clavicle.”35 Hence, the idea
of “falling” in LH 229–230 could have produced a new law about “falling”
in CC.
The creative logic proposed seems strained until one recognizes that a sig-
nificant organizational and generative principle in Near Eastern law is associa-
tion or attraction, where a subordinate contextual element in a law provides a
pivot for introducing another law or series of laws on a different topic.36 A good
example of this within Hammurabi’s collection is LH 195, discussed in chapter
7. This deals with a child striking his father. On the one hand, this concludes
the long series of laws on the family, which starts as early as LH 115. On the
other hand, the subordinate matter of striking in LH 195 (subordinate in view
of the laws that precede it) introduces the following group of laws whose pri-
mary theme is striking (LH 195–214). LH 195 is thus a hinge between the laws
before and after. In the case of the negligence law in 21:33–34, we are merely
missing the transitional law, that is, one similar to LH 229–230. The reason
for CC’s not including a topically transitional law like LH 229–230 is that the
context did not call for it.37
Conceptually, CC’s law is the inverse of Hammurabi’s—concave (a dug pit
that is fallen into) rather than convex (an erected house that falls down). This
is in accord with other examples of conceptual inversion of source material in
CC. The chief example is converting the law about a slave’s rejection of his
master and the severing of the slave’s ear as a punishment into a law about a
debt-slave declaring his loyalty to his master and the piercing of the slave’s ear
as a sign of permanent servitude (LH 282; 21:5–6; see chapter 5). Other pri-
mary examples include switching statuses in LH 175 to create the slave owner-
ship law of 21:4 (chapter 5) and the replacement of Hammurabi with Yahweh in
the apodictic laws (chapter 11).
Most scholars do not offer a detailed critical analysis of the development
of verses 33–34, though several believe they are secondary to the context.38
Schwienhorst-Schönberger, in contrast, argues that at least a nucleus of verses
33–34 was part of the original pericope. His analysis is worth examining in
connection with the source hypothesis of this study. In his view, the original
text read:39
When a man digs a pit and an ox or ass falls into it, the owner of the pit
shall make restitution.
‫וכי יכרה איש בר ונפל שמה שור או חמור בעל הבור ישלם‬
The phrase ‫“ כי יפתח איש בור‬when a person opens a pit” in the MT is secondary,
he says, because the apodosis that speaks about the “the owner of the pit” really
only fits a case of one digging a pit, not of one merely opening it.40 A pit opener
is not necessarily the pit owner. The phrase ‫“ ולא יכסנו‬and he does not cover it”
in the MT is also secondary because it goes best with the notion of opening a
pit. Schwienhorst-Schönberger also posits an originally more limited apodosis
in verse 34. CC’s wording of this phrase seems contradictory and overloaded
in its context.41 Nowhere else in the ‫ישלם‬-laws of CC is the D-stem of ‫ שלם‬used
of repayment in silver. It is only used of replacing lost items in kind (21:36,
37; 22:2, 3, 4, 5, 6, 8, 10, 11, 12, 13, 14). Verse 34 especially stands out against
the apodosis of verse 36, whose legal situation and formulation is in other
respects similar to verse 34: ‫“ שלם ישלם שור תחת השור והמת יהיה לו‬he shall make
restitution ox for ox, and the dead shall belong to him” (v. 36). Too, verse 34
has a double, perhaps redundant, verbal construction with ‫“ ישלם‬he repays” and
‫“ ישיב‬he returns.” This leads Schwienhorst-Schönberger to the conclusion that
‫“ כסף ישיב לבעליו‬he shall return silver to its owner” is an addition.42
Nevertheless, other laws in LH may have influenced the formulation of
verses 33–34 and may account for the unusual elements there. We start with the
apodosis in verse 34. This is similar to part of the apodosis in LH 125, as noted
by some scholars:43
125
If a man gives his property over for safekeeping and there where he
gave (for safekeeping), either through break-in or wall-scaling, his prop-
erty along with the property of the house owner was lost, the house
owner who was negligent shall pay back whatever was given to him for
safekeeping and allowed to be lost and restore it to the property owner
(bēl bītim ša īgūma mimma ša ana maarūtim iddinūšumma ualliqu
ušallamma ana bēl makkūrim irīab). The house owner may seek out his
lost property and take it from the thief who stole it from him.
CC’s phrasing ‫“ בעל הבור ישלם כסף ישיב לבעליו‬the owner of the pit shall pay;
he shall restore silver to its owner” (v. 34) is similar to Hammurabi’s bēl
bītim . . . ušallamma ana bēl makkūrim irīab “the house owner . . . shall pay back
and restore to the property owner.” Both contain two verbs referring to repay-
ment or restitution, the first being a D-stem of the root šlm. There are cases in
other texts of Akkadian D-stem šalāmum meaning “repay, restore” being used
in hendiadys, especially with the verb nadānum “to give.”44 That LH 125 is
concerned with negligence, as are verses 33–34, and that CC appears to have
relied on LH 120–126 in the formulation of its deposit laws in 22:6–8 (see

chapter 9) show that a connection between LH 125 and verse 34 is possible. The
double verb formulation of CC, consequently, may be original.
The apodosis of verse 34 is also similar to the wording of LH 267, which
deals with a case of negligence and correlates in terms of the sequential pattern
of LH with the animal theft law of 22:11 (see chapter 10). The law reads:
If a shepherd is negligent and allows pissatum to occur in the pen, the
shepherd shall repay in cattle or flock animals the loss of/from the pis-
satum that he allowed to occur in the pen and give (it) to their owner
(rē’ûm iīt pissatim ša ina tarbaim ušabšû liātim u ēnam ušallamma
ana bēlīšunu inaddin).
Like LH 125, this has a repayment clause with šullumum followed by a deliver-
ance clause, but with the verb nadānum “to give.” This latter verb is less similar
to ‫ השיב‬than râbum in LH 125, but it is semantically close. LH 267 is closer to
the context of verses 33–34 in that it deals with animals rather than general
property. This lends support to the view that CC has replicated a double-verb
repayment clause in negligence laws from LH.
But the appearance of ‫“ כסף‬silver” as the object of ‫ ישיב‬is admittedly still
problematic, since the corresponding verbs in LH 125 (irīab) and 267 (inaddin)
have no express objects. CC’s “silver” could be subtracted, leaving a ruling
quite similar to LH 125 and 267 and consistent with the other ‫ישלם‬-laws in CC:
‫“ בעל הבור ישלם ישיב לבעליו‬the owner of the pit shall replace (it); he shall restore
(it) to its owner.” Here both ‫ ישיב‬and ‫ ישלם‬would refer to restoration in kind.
This is consistent with the use of the corresponding verbs in the broad context
of LH.45
But other data from LH suggest that ‫“ כסף‬silver” may not necessarily be an
addition. First, monetary payment is not inconsistent with the in-kind payment
that is the focus of the ‫ישלם‬-laws. For example, LH 245–248 constitute a series
of graded animal injury laws, of which CC otherwise has some knowledge (cf.
22:13–14 and LH 244–249; see chapter 10). According to LH 245–246, when
a rented animal suffers death or a serious injury by negligence or abuse, the
renter “shall restore an ox like (the injured) ox to the ox owner” (alpam kīma
alpim ana bēl alpim irīab; LH 246; for this phraseology, see later). LH 247–248
go on to deal with moderate and light injuries to the ox. In such cases, the renter
“shall give in silver one-half its price to the ox owner” (kaspam mišil šīmīšu ana
bēl alpim inaddin) or “give in silver one quarter of its value” (kaspam IGI.4(?).
GAL šīmīšu inaddin). This is similar to verse 34 in allowing payment of silver.
The payment of silver in LH 247–248, one can argue, implies that the in-kind
payment of LH 245–246 is not literally required. Only commensurate payment
is due, and this could possibly be in silver. LH has other instances of compensa-
tion paid in silver: one-quarter the value of a donkey for failed surgery on the
animal (LH 225; silver implied), one-half the value of a boat when it sinks (LH
238; silver explicit), five shekels of silver for a stolen epinnum plow (LH 259),
and three shekels for stolen arbum or maškakātum plows (LH 260).46 Thus
verse 34 can be seen as making the monetary option concrete, consistent with
its source or at least an interpretation of its source.
The protasis in verse 33 may have also been influenced by other laws in LH,
though this is less certain than the possible relationship of verse 34 and LH
125 and 267. A series of laws addresses negligence in connection with acts of
“opening” (petûm; cognate with Hebrew ‫ פתח‬in v. 33),47 specifically of a breach
in a weak irrigation canal bank or of a person releasing water that damages
another person’s field:48
LH 53: If a man does not take care to reinforce the bank of (the irrigation
canal of) his field . . . and a breach opens (šumma awīlum ana kār eqlīšu
dunnunim ašu iddīma . . . pītum ittepte). . . .
LH 55: If a man opens his channel for watering and he does not take
care (šumma awīlum atappašu ana šiqītim ipte ašu iddīma). . . .
LH 56: If a man opens water (šumma awīlum mê iptēma). . . .
CC may have known these laws because it apparently used the neighboring
laws on grazing a field in LH 57–58 to formulate Exodus 22:4 (see chapter 9).
The protasis in verse 33 may have been influenced by another (unknown)
cuneiform law, to tell from NBL 3 (an early seventh-century BCE collection):49
[A man who ope]ns his cistern/pool for watering and does not reinforce
(it), [ . . . ] and he causes a breach and floods the field of his neighbor, he
shall give grain like his neighbor(‘s field) [to the field owner].
[amēlu ša] būrašu ana mašqītu [ipt]û lā udanninūma [ . . . ] x ibtuqūma
[eqel it]êšu [uab]bû [uata kī] itê [ana bēl eqli] inandin
Here the description of opening the cistern (būra petû) is cognate with CC’s
wording ‫ פתח בור‬in verse 33, though the purpose for and phenomenology of
cistern opening in each case is different. Moreover, the malfeasance in NBL
3 is otherwise similar to what we find in the irrigation laws of LH 53 and 55.
Hence, the use of the Akkadian verb petûm (= Heb. ‫ )פתח‬in LH’s negligence
laws and būra petû in the NBL negligence law indicates that there may well
be some influence on verse 33 from an unknown Akkadian law.50 Assuming
that this influence comes in at the same level as other cuneiform influences,
one must judge Schwienhorst-Schönberger’s estimate of the original text to be
hypercritical.51 Opening the pit can be considered original to the verse.
If the creation of this law was similar to that described previously, we see
in it the operation of cross-referencing, a technique that was operative in other
laws. Verses 33–34 had their initial stimulus in LH 229–230, a law in the envi-
ronment of the goring ox law of LH, with secondary influence from laws ear-
lier in LH, including LH 125 or 267 for the repayment clause and perhaps LH
53–56 or even a law like NBL 3 for the notion of opening a pit. CC would have
gotten to these other laws by the theme of negligence. LH 53, 55, 125, and 267
use terminology expressly describing negligence: aam nadûm “to be lazy”

(literally, “to drop the arm”) or egûm “be negligent.”
Consideration of NBL 3, however, raises the possibility that CC may have
used an Akkadian law that was rather similar to verses 33–34. The elements
of these verses are consistent with Akkadian law and linguistic idiom, as the
foregoing discussion has indicated.52 From this and other Akkadian legal ter-
minology, one can reconstruct a hypothetical Akkadian law that might have
served as a basis for CC: šumma awīlum būram iptēma alap awīlim ina būrim
šuāti imtaqut bēl būrim alpam ušallamma ana bēlīšu irīab/inaddin “If a man
opens a pit and the ox of a man falls into that pit, the owner of the pit shall repay
the ox, he shall restore/give (it) to its owner.” Even if verses 33–34 are based on
an independent Akkadian law such as this, LH 229–230 could have still been
instrumental in bringing this negligence law into CC. That is, CC would still
have had LH 229–230 in mind when composing this part of its text in view of
the influence of those laws on verse 31. The relative proximity of LH 229–230
to the goring ox law in LH 250–252 could have suggested the incorporation of
a negligence law having to do with falling in this area of the text, especially
since both LH 229 and the hypothesized Akkadian law use the verb maqātum
“to fall.” These themes in LH 229–230, plus the context of animals in the gor-
ing ox laws, led CC to a law in another source dealing with the negligent death
of animals. The negligence law was placed immediately after the law about an
ox goring humans because of its connection to LH 229–230, which were tied
by the theme of vicarious punishment to verse 31 of the goring ox laws.53 The
next section of this chapter suggests another reason why verses 33–34 may have
been placed before verses 35–36.
An Ox Goring Another Ox (21:35–36)
Although we remain unsure about the derivation of verses 33–34, it is clear that
the law about an ox goring an ox in verse 35 comes from a source other than
LH. This verse is almost verbatim the law of LE 53. Because of this, some have
thought that this verse, if nothing else in CC, depends directly on cuneiform
law.54 The correspondence is clear evidence that CC has used an Akkadian
source other than LH:
Exodus 21:35 LE 53
If the ox of a man knocks the ox of his If an ox gores an(other) ox and
neighbor and it dies, they shall sell the live kills (it), both ox owners shall
ox and divide the resulting silver, and also divide the price of the live ox
divide the dead (ox). and the carcass of the dead ox.
‫וכי יגף שור איש את שור רעהו ומת ומכרו את השור‬ šumma alpum alpam ikkimma
‫החי וחצו את כספו וגם את המת יחצון‬ uštamīt šīm alpim balim u šīr
alpim mītim bēl alpim kilallān
izuzzū
This is one of several examples where CC appears to have used a source

or sources other than LH (for a summary, see table 1.3 in chapter 1 and the
appendix to chapter 12). Chapter 4 observed that CC’s source for this law was
not necessarily the Laws of Eshnunna as we know them from archaeological
excavations. CC could have used another source available in the Neo-Assyrian
period that is now unknown but that contained this law.
Our first question is why verses 35–36 do not come immediately after the
other goring ox laws in verses 28–32. Wagner, in his study of the organization
of CC, asked this question and noted that “otherwise § 9’ [vv. 33–34] fits in
elegantly between § 10’ [vv. 35–36] and § 11’ [v. 37]. How this arrived at its
present order is not clear.”55 The reason for the placement of verses 35–36 is
now obvious in view of the sources used. The initial goring ox laws in verses
28–32 depend primarily on Hammurabi’s collection (LH 250–252). The subse-
quent negligence law in verses 33–34 also depends on or relates thematically
to Hammurabi’s collection, specifically LH 229–230, especially if CC’s verses
are a conceptual inversion of those laws, as described in the previous section of
this chapter. Hence verses 33–34 were placed immediately after the laws about
an ox goring a human. The law about an ox goring an ox in verse 35 (which was
augmented with v. 36; see later) depends fully on a different cuneiform source.
Hence it was placed at the end of the goring ox pericope.
CC has other examples of the prioritization of material from LH over mate-
rial from other sources. This tendency was described and charted in my previ-
ous article on the goring ox laws.56 Chief cases are worth reviewing here. The
animal theft and field destruction laws begin with material from the topical
sequence of LH (21:37 + 22:2b–3; LH 253–264). This is followed by material
from LH but outside the topical sequence (22:4; LH 57–58). This is then fol-
lowed by a law that corresponds with a collection other than LH (22:5; HtL
105–106; for this series, see chapter 9). Another example is found in the law
about seducing a virgin (22:15–16 // MAL A 55–56; see chapter 5). This law,
though set down to explain why the creditor marries an unbetrothed daughter
of his debtor in 21:7–11, is placed almost at the end of the casuistic laws because
of its derivation from a miscellaneous source. The participial laws in 22:17–19
confirm this rationale. They are a miscellaneous group with no clear connec-
tion to the content of the main body of casuistic laws and were therefore placed
at the very end of the casuistic laws, after the seduction law, as leftovers from
or generated on the model of laws in the native participial source, which was
used primarily for laws in 21:12–17 (see chapters 6 and 7).
The slight differences in Exodus 21:35 vis-à-vis LE 53 show how CC sought
to clarify ideas in the sources it used. For this analysis, I adopt the working
assumption that the law in the unknown source that CC used was more similar
to LE 53 than to verse 35.57 LE 53, to be sure, is not particularly obscure, but
one question that arises is how the two owners go about dividing the price.58
CC explained that the ox is to be sold and the resulting silver is to be divided.
In making this explicit, CC crafted two separate clauses describing the division
of the silver and the division of the dead carcass, each with their own finite
verb “they divide” (‫וחצו‬, ‫)יחצון‬. In doing this, CC translated the Akkadian alpim
balim “the live ox” word for word as ‫“ השור החי‬the live ox,” but abbreviated
alpim mītim “the dead ox” with the cognate adjective ‫“ המת‬the dead (one).” CC
also took the owners mentioned in the apodosis of LE 53 and placed them in the
protasis of its law: the goring ox is “an ox of a man” and the gored ox is “the ox
of his neighbor.” The term ‫“ שור איש‬ox of a man” is also equivalent to the word-
ing in LH 251 (alap awīlim) and is thus consistent with the assumption that the
author of verse 35 knew LH and that this is the same author who formulated
verses 28–32, which reflect LH. This formulation of the protasis personalizes
the law and may focus responsibility on the human owner, in comparison to the
cuneiform law. CC also displays here its tendency to translate the Akkadian
C-stem uštamīt “and it kills (it)” with the Hebrew G-stem ‫“ ומת‬and it died,”
found already in verse 28. As noted previously, the G-stem may have been
chosen since the object is not explicit in the Akkadian text.
One of the differences in verse 35 in contrast to verse 28–32 is the use of
the verb ‫“ נגף‬to strike, knock” instead of ‫“ נגח‬to gore.”59 This is not necessarily
a sign of different authorship. CC elsewhere was not averse to using variant
Hebrew terms for a single underlying Akkadian term. For example, Akkadian
maāum “to strike” is generally rendered with Hebrew ‫“ הכה‬to strike” (21:12 //
LH 207 [cf. 206]; 21:15 // LH 195; 21:18 // LH 206; 21:20 // LH 208, the verb is
implicit from 206–207).60 But the miscarriage law in verse 22, even though the
corresponding laws of LH 209–214 have maāum, uses ‫“ נגף‬to strike, knock,”
the same verb as found in verse 35. The variant wording in CC is no doubt from
the same author because the miscarriage laws, as well as the other striking laws
just referred to, appear together in LH and as a block were used in the composi-
tion of CC.61 Moreover, verse 36, which is conceptually part of verse 35, returns
to the root ‫ נגח‬for the noun ‫“ נַגָּח‬gorer” to describe the animal. Unless this verse
is assigned to still yet another editor, it indicates that the writer of verse 35
could alternate between the two roots.
What led CC to use a different verb in verse 35? Considering a different
source for verse 35 required a break between the composition of the main
goring ox law and verses 35–36. This led CC to formulate verse 35 in terms
somewhat different from those used in verses 28–29, 32. It may have chosen
to follow its source more closely in verse 35, choosing the phonetically simi-
lar and etymologically equivalent verb ‫ נגף‬to mirror the underlying Akkadian
nakāpum in LE 53 (which is also the Akkadian verb in LH 250–252).62
But there is an alternative and more compelling reason for CC to have ren-
dered this cuneiform word, as well as the rest of the verse, quite literally. As
argued later, the source similar to LE 53 that CC used was the baseline for its
system of punishments in verses 28–36. This system required it to revise LH
250–252 significantly but did not necessitate substantial changes in the law
akin to LE 53. Therefore, CC kept it more or less word for word.
Exodus 21:36 extends the law of verse 35, apparently created as a parallel to
verse 29, which itself depends on LH 251:
Exod 21:36 Exod 21:29

29
Or [if] it is known that the ox is If an ox is a habitual gorer, from
a habitual gorer, from previous previous experience, and its owner
experience, and its owner does not has been warned, but did not restrain
restrain it, he shall make restitution it, and it kills a man or woman, the ox
ox for ox, and the dead shall belong shall be stoned and its owner shall be
to him. put to death.
‫או נודע כי שור נגח הוא מתמול שלשם ולא‬ ‫ואם שור נגח הוא מתמל שלשם והועד בבעליו‬
‫ישמרנו בעליו שלם ישלם שור תחת השור‬ ‫ולא ישמרנו והמית איש או אשה השור יסקל‬
‫והמת יהיה לו‬ ‫וגם בעליו יומת‬
The protasis is similar to that of verse 29. The phrase ‫שור נגח הוא מתמול שלשם‬
“the ox is a habitual gorer, from previous experience” is identical in both para-
graphs.63 And the phrases ‫“ ולא ישמרנו בעליו‬and its owner does not restrain it”
and ‫“ ולא ישמרנו‬he does not restrain it” are nearly identical.64
Although the verb ‫“ נודע‬it is known” may have been generated by the similar
verb ‫“ הועד‬he has been warned” of verse 29, it may actually be a more direct
reflection of Akkadian ušēdīšumma “(the district authority) informed him” in
LH 251, which lies paronomastically behind ‫ הועד‬in verse 29, as noted earlier.65
Thus, ‫ נודע‬is not necessarily evidence of a later editor but comes from the writer
who used LH and who is the author of verse 28.66 The use of ‫ נודע‬and its reloca-
tion to the beginning of the protasis account for the specific mention of ‫בעליו‬
“its owner” after the verb referring to restraint in verse 36.
The use of the conjunction ‫“ או‬or” instead of ‫“ ואם‬and if,” which has been
seen as a sign of a later author,67 is more simply explained by the freedom used
by CC when composing material not directly tied to cuneiform sources. Verse
36 has no close counterpart in known cuneiform law.
Verse 36 is also different from verse 29 in lacking mention of the ox’s killing
a victim in the protasis. That an ox is a victim in verse 36 is made explicit in the
apodosis (see later). Not mentioning the ox in the protasis is probably the result
of a copying error on the part of CC. Formulating a new apodosis to fit the new
context required CC to forsake dependence on verse 29 about halfway through.
But it did this prematurely, failing to produce an equivalent of ‫והמית איש או אשה‬
“and it kills a man or a woman” in verse 29 (i.e., something like ‫והמית שור איש‬
“and it kills a[nother] man’s ox”).
CC’s reason for formulating verse 36 may not have been merely to add a
supplement that parallels and echoes verse 29. The cuneiform source that it
used, which had the equivalent of verse 35, may have also had a law similar to
verse 36. But this law need not have been a cuneiform equivalent of verse 36. It
may have been like LE 54. This law involves a case of a habitually goring ox,
though with a human victim, like LH 251:
If the ox is a habitual gorer, and the district has informed its owner, but he
does not control his ox and it gores a man and kills (him), he shall weigh
out two-thirds mina (= forty shekels) of silver.
šumma alpum nakkāpîma bābtum ana bēlīšu ušēdīma alapšu lā

u<šē>širma68 awīlam ikkimma uštamīt bēl alpim 2/3 manā kaspam išaqqal
Such a law could have suggested to CC that a case of habitual goring should
follow verse 35. It altered this to fit the context of verse 35, using verse 29 at
the same time.
Whether verse 36 was influenced by a cuneiform law like LE 54 or only
by verse 29, its apodosis is a new creation. The last rule, that the dead animal
belongs to the owner of the goring ox, is the same as that at the end of the law
about an animal falling in a pit (v. 34). It is difficult to decide which of these
is contextually more original, and given the thesis of this study, it may not be
important. The two cases are quite similar: both involve negligence on the part
of the pit or ox owner that leads to the death of an animal. He must make res-
toration, but he gets to keep the dead animal. The similar requirement shows
a consistency in CC’s treatment of two distinct cases. It may well be that the
position of verses 33–34 was partly determined as an anticipation to verse 36,
to provide a “precedent” for its rule. If so, then verse 36 constructed its law not
only from verse 29 but also from verse 34.
An inconsistency is visible in the restoration prescribed by verses 34 and
36. The former allows the owner to make monetary payment. Verse 36 requires
him to restore “ox for ox.” As argued earlier, there may not be a practical dif-
ference between these two options. Nonetheless, the difference in formulation
may have to do with different points of influence from LH. The double verb
formulation in LH 125 and 267 may have influenced the repayment formulation
in verse 34 to some degree. Verse 36, however, may have been influenced by
LH 263 (cf. LH 246), which is nearby in the general sequence of laws that CC
follows (see table 1.1 in chapter 1; see chapter 9):
If he (a herdsman) causes the loss of [an ox] or [a sheep] that were given
to him, he shall restore to the owner a similar ox or similar sheep (alpam
kīma [alpim] immeram kīma [immerim] ana bēlī[šu] irīab).
The phrase ‫“ שלם ישלם שור תחת השור‬he shall make restitution ox for ox” in verse
36 is nearly identical with the phrasing in this Akkadian law.
In summary, I can agree with those who say that verses 35–36 are a supple-
ment to the passage.69 Where I differ with these earlier studies is in the tempo-
ral framework for the expansion. Verses 35–36 appear to have been added by
the author of verses 28–34. They display signs of secondariness because of the
different source used for verse 35 and because verse 36 may be an invention to
flesh out verse 35.
Stoning the Ox and Other Penalties
CC’s use of LH and a law similar to LE 53 is the reason behind the most distinc-
tive features of CC’s goring ox laws in verses 28–32: the requirement to stone
Table 8.1: Penalties for ox goring in LH and LE

Laws of Hammurabi and Eshnunna
Owner of gored ox/family

of human victim/owner
Owner of goring ox of slave victim
Law Gains And Losses Net Gains And Losses Net
LE 53 ox v. ox, –1 ox liquidated 0 (but with –1 ox killed, 0 (but with

ad hoc (at least decline in +1/2 of price, decline in
theoretically) quality) +1/2 of dead ox quality)
+1/2 of price,
+1/2 of dead ox
(no equivalent of — — — —
Ex 21:36, ox v.
ox, habitual)
LH 250 ox v. no penalty 0 (no loss) (!) family member –1 family
free human, killed member (!)
ad hoc
LH 251 ox v. –30 shekel fine –30 shekels family member 0 (the 30 shekels
free human, killed, compensates the
habitual + 30 shekels family member)
LH 252 ox v. – 20 shekels –20 shekels – slave, + 20 shekels 0 (the 20 shekels
slave, habitual replaces the
slave)
an ox that kills a person and to execute the owner of a habitually goring ox that
kills a person.70 A problem becomes visible when LH 250–251 and LE 53 are
viewed systematically (see table 8.1). A person whose ox is killed by a goring
ox obtains some relief (LE 53). Though he loses an ox, he gets half its carcass
and half the price of the owner’s goring ox. He breaks even mathematically,
though there is a decrease in quality because he receives part of a gored carcass
and money.71 In contrast, the kin of a person killed by a similar act of ad hoc
goring receives no compensation of any sort (LH 250). Their net outcome is the
loss of a family member. At the same time, the owner of the goring ox remark-
ably suffers no loss; he retains the animal and presumably may profit from it as
he would have before. In the other cases of an ox goring a human, the victim’s
family (implicitly; LH 251) or slave-owner (LH 252) is compensated.
I propose that the inconsistencies in LH 250 vis-à-vis LE 53 led to a revision
of penalties in CC to make them more consistent and reasonable throughout the
range of goring ox laws. According to this revision (see table 8.2), the require-
ments of LE 53 were taken as the baseline (v. 35). CC accepted this fully and lit-
erally, only making explicit how the goring ox is liquidated so that the price can
be divided. Verse 36 was formulated to fill in a gap left by the cuneiform texts.
Table 8.2: Penalties for ox goring in CC

Ex 21:28–36
Owner of gored ox/family of human

Owner of goring ox victim/owner of slave victim
Verse Gains And Losses Net Gains and losses Net
v. 35 ox v. ox, –1 ox sold, 0 (but with –1 ox killed, 0 (but with decline

ad hoc +1/2 of price, decline in +1/2 of price, in quality)
+1/2 of dead ox quality) +1/2 of dead ox
v. 36 ox v. –1 replacement –1 ox (goring ox –1 ox killed, 0 (theoretically no
ox, habitual animal is retained) +1 replacement decline in quality)
v. 28 ox v. ox stoned –1 ox family member –1 family member,
free human, killed, + vengeance on ox
ad hoc ox stoned
v. 29–30 ox stoned, -fine or –1 ox, family member 0 (the vengeance
ox v. free even execution – fine or life killed, on the ox and
human, ox stoned, execution of owner
habitual + fine (above or ransom payment
30 shekels) or compensate for the
execution of ox loss)
owner
v. 32 ox ox stoned, –1 ox, ox stoned 0 ( the 30 shekels
v. slave, –30 shekels –30 shekels –1 slave, compensates
habitual +30 shekels the owner and
vengeance on the
ox presumably
satisfies the
family; debt also
canceled if a
debt-slave)
The owner of the gored ox in this case breaks even, but in contrast to verse 35,
he suffers no decline in quality. He receives a whole, living animal (possibly
payable in silver, to be consistent with v. 34). As noted before, CC derives this
solution from LH 263. Since the owner of the victim is requited sufficiently,
there is no need to penalize the goring ox in this case.72 CC attempts to solve
the inconsistency in the case where a human is a victim (vv. 28–29) by requir-
ing the execution of the goring ox. That this is an execution is indicated by the
wording of verse 29: “the ox shall be stoned, and its owner shall also (‫ )גם‬be put
to death” (v. 29). The adverb ‫“ גם‬also” draws an equation between the two acts
of killing.73 Thus, in the case of ad hoc goring (v. 28), though a family member
is lost, the kin satisfies its vengeance on the ox and thus receives emotional
compensation at least.74 CC did not—could not—go further and provide eco-
nomic compensation because this was an accident. In the case where a habitual
gorer kills a human (v. 29), CC extended, at least theoretically, execution to the
owner in addition to the ox.75 CC reined in this theoretical extension, however,
with verse 30, which adds an alternative more consistent with the Akkadian
source. The owner may ransom his life by paying a fine if the victim’s kin
allows. CC may have permitted this after the fact because the case is a matter of
negligence.76 The amount of this fine, however, is not specified, as opposed to
LH 251, which requires payment of 30 shekels. Nevertheless, it is presumably
more than 30 shekels, which verse 32 requires in the case of a slave.
The increased payment for a slave can be explained in one of three ways,
which are not necessarily mutually exclusive. The increase in penalties in
verses 28–30 by itself may have led to boosting the amount for a slave. CC
simply used the 30 shekels in LH 251 for a free person as a guide, the next step
above the slave law in LH 252. Alternatively, if CC used a cuneiform source
that had a law like LE 54, then its requirement that 40 shekels be paid in a case
of a known gorer killing a free person, as opposed to 30 shekels in LH 251, may
have led CC to increase the amount of LH 252 by 10 shekels (though LE 55 only
requires 15 shekels when a slave is a victim).
But a systematic rethinking of laws on subjected persons found in LH may
be at work. CC has generally conflated data and perspectives about chattel-
slaves and debt-servants, as outlined in chapter 6. Hence, the increased penalty
in verse 32 over against LH 252 may be due to the conflation of slave types and
the inclusion of debt-slaves in the law. One might expect that such a revision
would transfer the payment of silver to the slave’s kin. CC probably retains pay-
ment to the slave’s master/creditor because the slave is ultimately the master’s
property (21:21). His economic interests must still be satisfied. The kin would
be satisfied by the presumed cancellation of the debt and the stoning of the
animal. CC did not make the penalties against the ox owner in verses 29–30
applicable here either because it left its systematic revision incomplete, being
content to reflect the basic components of LH 252, or as in the case of 21:21,
mitigating factors (here indirect homicide of a debt-slave) prevented it from
applying these penalties.
The requirement of stoning in verses 28–29, 32, part of CC’s systematic
increase in penalties, requires an explanation. Why was this particular form
of execution legislated? We must start with verse 35 and its source law, a law
like LE 53. Custom behind the source law may have allowed the owners to use
their respective halves of the dead ox for different purposes, including food
and various forms of manufacture.77 While CC replicated the distribution of
the carcass, it is doubtful that CC allowed consumption of the meat. Exodus
22:30, the last law in the first string of the final apodictic laws, which is part
of the original text of CC (see chapters 11–12), prohibits consumption of the
flesh from animals killed by predators (‫ )טרפה‬because the people are to be holy.
The flesh is to be thrown to the dogs.78 The flesh of an ox killed by another ox
would presumably be similar to ‫ טרפה‬meat, the animal having been killed by
another animal. Therefore, it would not be eaten. Therefore, the only use that
humans might have of the carcass in verse 35—and the carcass in verse 34 as
well—would be for manufacturing purposes.79
What of the stoned ox in verses 28–29, 32? It is reasonable to think that
the carcass of this ox would also be equivalent to ‫ טרפה‬meat. Stoning it would
be goring it in return—the talion principle circumlocuted. Stoning is chosen
specifically to disallow dietary use. That stoning rendered the animal inedible
is clear in the phrase “its flesh shall not be eaten” in verse 28, which comes
immediately after the rule that it be pelted.80
But could the carcass of a stoned ox be used for manufacturing purposes?
Verses 28–29 say nothing about the owner retaining possession of the carcass,
in contrast to verses 33–34, 36. This may mean that CC did not envision even
the nondietary use of the carcass of an ox that killed a human. It was simply to
be discarded—at most, perhaps, to be thrown to the dogs, in accord with 22:30.
The reason for a comprehensive ban on the carcass would be that killing the
animal is a punishment, as the text indicates by the wording of verse 29 (see
earlier).
Some have argued that the increase of penalties in 21:28–32 arises out of or
is a reflection of CC’s higher theological estimate of life over against LH.81 This
seems an unlikely explanation. Other homicide laws in CC, primarily discussed
in chapter 6, do not show an increase in penalties or a reflection of ethical con-
cerns over against LH. The basic homicide law in 21:12–14 requires capital
punishment for intentional homicide. This penalty is implied by Hammurabi’s
legislation, even though it does not have a law directly on this subject. The
miscarriage and talion law in verses 22–25 requires indemnification for unin-
tentional homicide, which is the requirement of LH 207. The slave homicide
law in verses 20–21 even allows the owner to kill his slave, even a debt-slave,
if death is not immediate. This ruling is more lax than its source law, LH 116,
which does not set down a time past which the killer is not liable. CC therefore
appears to be uninterested, at least primarily, in the ethics of homicide. CC
seems to be striving for, though not always achieving, systematic congruency,
not ethical clarity. CC’s chief interest in the homicide laws appears to lie in
providing proper satisfaction in each case, whether concrete indemnification or
a psychological expression of vengeance (cf. 21:12–13, 20, 28–32).82
Finally, we should observe that the ransom payment in verse 30 correlates
with the requirement of “giving (i.e., paying) life for life” in the talion law of
verse 23b. Recall from the discussion in chapter 6 that the talion law applies
to a case of inadvertent homicide and prescribes a payment that indemnifies
the victim’s family. It is likely that the agent that determines the amount of the
ransom in verse 30 is the victim’s family, similar to the husband’s being the
one who determines the penalty for loss of a child in aggravated miscarriage in
verse 22. In fact, the wording in the two laws is very close: “he shall be fined
as the husband of the woman imposes on him he shall pay biplilîm” (‫ענוש יענש‬
‫ )כאשר ישית עליו בעל האשה ונתן בפללים‬in verse 22 and “if a ransom is imposed
on him and he shall pay a redemption price for his life according to whatever
is imposed upon him” (‫ )אם כפר יושת עליו ונתן פדין נפשו ככל אשר יושת עליו‬in verse
30. If the husband makes the determination in the case of the loss of a child
in verse 22, it is likely that he would also make the determination for the loss
of his wife according to the talion law of verse 23. Moreover, because verse
23b also serves as a general rule for indemnification in all cases of homicide,
the implication is that in other cases of inadvertent homicide, a family mem-
ber with legal standing would make the determination of payment. Verse 30
reflects this rule. Its passive verb “is imposed” (‫ )יושת‬avoids having to specify
the particular family member who makes the determination, which may differ
from case to case. That verses 23 and 30 reflect the same level of legal liability
makes sense because LH 207, the law that lies behind CC’s requirement of
indemnification for inadvertent homicide in verse 23b, and LH 251, the law
behind verse 30, both prescribe a 30-shekel payment. Hammurabi’s text sees
both types of homicide, inadvertent and negligent, as commensurate. The rela-
tionship of verse 30 to the miscarriage and talion laws, which themselves are
tied systematically to the other homicide and injury laws of 21:12–21, demon-
strates how carefully CC has read and responded to its sources.83
Conclusions
The short story of the composition of Exodus 21:28–36 can be told thus: CC
followed the template of LH 250–252 to create a basic law on a goring ox in
verses 28–32. It skipped to these laws in LH from the context of miscarriage
in LH 209–214 and talion LH 196–201, which is used for verses 22–27 because
of the relevance of the goring ox laws for the topic of homicide and assault. CC
took LH 250–252 as the foundation for the passage and replicated every essen-
tial detail. A concern to present a system of laws more coherent than those of
its sources led CC to expand the penalties to include stoning a goring ox that
had killed a human and, in a case where the ox was a known gorer, to require
capital punishment for the owner (Exod 21:28–29, 32). This revision stemmed
from an inconsistency CC found between Hammurabi’s ox law and another
Akkadian law about an ox goring an ox, similar to LE 53, where the latter
provided recompense to a person whose ox was killed in a case of ad hoc gor-
ing, while Hammurabi’s law provided no satisfaction to the family of a person
killed in a similar case of goring. CC included its version of LE 53 at the end
of its pericope, in verse 35, because it came from a source other than LH. CC
created verse 36, mainly on the pattern of verse 29 and partly verse 34, to aug-
ment and flesh out this law.
Within the main goring ox law, CC made two additions. One was verse 30,
which prescribed a ransom payment instead of capital punishment. This was
set down as a practical measure that was consonant with the requirement of
indemnification for inadvertent homicide in its talion law of verse 23. The other
addition was verse 31, a law prescribing that the same punishment applies if
children are the victim of goring. This was based primarily on an interpreta-
tion of the ambiguous mār awīlim in LH 250, which can mean “member of the
awīlum” class or, literally, “son of an awīlum.”
In between its ox laws, CC included a negligence law (vv. 33–34). This may
have been creatively based on LH 229–230 and some other laws in LH, or it
may have been derived from a currently unknown Akkadian law. In any case,
CC’s law seems to have been given its place because of its thematic connection
with LH 229–230, which uses the verb fall and treats a case of negligence. This
Akkadian law also includes a case of vicarious punishment and was apparently
influential in CC’s rejection of this option in the nearby verse 31. Verses 33–34
were also given their place to prepare for—set a precedent for—the animal
death law in verses 35–36. All of verses 33–36 also created a transition into the
laws on animal theft and loss in 21:37–22:14.
In view of this description of the development of Exodus 21:28–36, the laws
therein have to be judged largely an academic creation. They do not necessarily
reflect local practice. This agrees, but for different reasons, with Finkelstein’s
estimate that the goring ox laws are ideal formulations. He observes that in the
various ox laws attested in the cuneiform literature
we are confronted . . . not with independent developments, but with a sin-
gle, organically interrelated, literary tradition. This has to do with the
fact that in all of the tens of thousands of cuneiform documents relating
to legal matters which have thus far come down to us, there is hardly a
single allusion to a real instance in which an ox killed or injured a person
or another animal. I do not mean to imply that such occurrences never
happened or that they could not happen, but merely intend to suggest that
such occurrences would have been rare at best.84
He then uses this consideration to make a conclusion consonant with this study,
already cited in chapter 1 but worth repeating:
It is also the very unlikelihood of such an accidental occurrence that
makes us concede that the biblical goring-ox laws must have been depen-
dent upon their literary Mesopotamian prototypes; it would be too unrea-
sonable to posit that such an unusual incident occurred also in early
Israelite experience, and then became quite independently the source of
the goring-ox laws of the Book of Exodus.85
In the academic rewriting of its Akkadian sources, CC was not primarily inter-
ested in writing laws that were more ethical but in creating consistency and,
with this, writing laws that provided victims with proper psychological or eco-
nomic satisfaction. If a replacement for lost kin or animals could not be pro-
vided, at least anger and grief could be vented through stoning an ox that had
killed a human. But if CC did not have ethical concerns in mind, this does not
mean that later biblical writers did not read those concerns into CC. The penal-
ties for the goring ox may have led the writers of Priestly narrative to formulate
the idea that animals are liable to bloodguilt when they kill people: “Yet I will
exact your blood for your lives; from every beast I will exact it. From a human
being for his brother—I will exact the life of a human being” (Gen 9:5).86 This
served further as a basis for the later Holiness Legislation in Leviticus 17:4,
according to which humans suffer bloodguilt for killing sacrificeable animals
outside the sanctuary.87 Thus we see a chain of creative interpretations (LH and
other Akkadian texts → CC → Genesis 9 → Leviticus 17), where each succes-
sive text, by response to an earlier text or texts, created a new text that in turn
required or evoked further explication.
9
Animal Theft, Crop Destruction, Deposit, and
Burglary (Exodus 21:37–22:8)
Immediately after their goring ox laws (LH 250–252; Exod 21:28–32, 35–36),
both collections turn to agricultural and animal theft (LH 253–265; Exod 21:37
+ 2b–3). The influence of the sequential topics of LH are seen again most vis-
ibly in the laws on animal injury, death, and rental in the middle of Exodus 22
(i.e., 22:9–12 // LH 266–267; 22:13–14 // LH 268–271; chapter 10). The first
part of Exodus 22, however, is something of an interlude in the replication of
the topical sequence of LH. The deposit laws of verses 6–8, as well as the bur-
glary law of verses 1–2a, have a relationship to the topical sequence, but they
arise from a process of cross-referencing that brings in laws and motifs from
other places in LH and even other collections. The conception and idiom of LH
264–265 led CC to use the deposit laws of LH 120–126, and these laws in turn
led CC to use the burglary and robbery laws of LH 21–23. Cross-referencing
also led CC to create its law on animals grazing in another person’s field
(v. 4), on the basis of LH 57–58. It further led to the creation of the law on burn-
ing another person’s crops (v. 5), presumably on the basis of another unknown
Akkadian law collection.
Animal Theft (21:37 + 22:2b–3)
Exodus 21:37–22:3 combines laws on two different topics, animal theft and
burglary. Scholars dispute to which of these two laws verse 2b belongs (the
230
Animal Theft, Crop Destruction, Deposit, and Burglary 231
texts are cited further along in this chapter). Some take it as part of the preced-
ing burglary law in verses 1–2a. In this interpretation, the burglar must pay a
fine, either for his attempted crime or for what he actually stole (v. 2b).1 The
main problem is that the burglar has been killed in verse 2a—how could he pay
as required by verse 2b? It is therefore more reasonable to see verse 2b as the
continuation of the animal theft law in verse 37. The infinitive absolute con-
struction in verse 2bα is either the direct continuation of verse 37 or was added
to put a reader back on the track of verse 37 after the insertion of the burglary
law in verses 1–2a.2 Our focus in this part of the chapter is the animal theft law;
the burglary law is addressed later.
The animal theft law in 21:37 + 22:2b–3 contains three cases: (a) a main case
requiring five or fourfold restitution when the animal is unrecoverable, (b) a
subcase requiring the sale of the thief into debt-slavery to pay the fine, and (c)
another case, an alternative to (a), requiring only twofold payment when the
animal is found in the thief’s possession. This law correlates in a complex way
with several agricultural and animal theft laws in LH 253–265. Five of the laws
in this series from LH mention theft (using the verb šarāqum): LH 253, 255,
259, 260, 265. Other laws use other descriptions that amount to theft: LH 254
(taking), LH 255 (giving to another), and 263 (causing the loss):
Exodus 21:37 + 22:2b–3 LH 253–265

37 253
When a man steals an If a man hires a man to care for his field, and he
ox or flock animal and entrusts him with a grain quota, entrusts him with
slaughters it or sells it, cattle, and puts him under contract to cultivate
he shall repay five cattle the field—if that man steals seed or feed and it is
for the ox, or four flock seized in his hand, they shall cut off his hand.
254
animals for the flock If he takes the grain quota and (thus) weakens
animal. the cattle, he shall replace twofold the grain that
he received.
2b 255
He must repay. If he If he gives out the cattle of a man for hire or he
does not have the means, steals seed, and he does not produce (crops), they
he shall be sold for his shall convict that man, at harvest he shall measure
theft. out sixty kors of grain for each bur of land.
3 256
If the stolen (animal) is If he is not able to meet his obligation, they
found in his hand alive, shall drag him around that field by cattle.
whether an ox or ass or ...
259
flock animal, he shall If a man steals a plow from the community
repay twofold. meadow, he shall pay five shekels of silver to the
plow owner.
260
If he steals a arbum-plow or a harrow, he shall
pay three shekels of silver.
...
263
If he (a herdsman, cf. LH 261–262) causes the
loss of an [ox] or [sheep] that were given to him,
he shall make restoration of an ox like (the lost)

[ox] or a sheep like (the lost) [sheep].
264
If [a shepherd], to whom were given cattle or
flock animals, has received his full wages and
is satisfied, and he causes the cattle to decrease,
causes the flock animals to decrease, or reduces
the offspring, he shall pay offspring and yield in
accord with his contract.
265
If a shepherd to whom were given cattle or flock
animals for shepherding acts deceitfully and alters
the ownership mark and sells (them), they shall
convict him, and he shall restore cattle and flock
animals to the owner tenfold what he stole.
‫כי יגנב איש שור או שה‬37 253
šumma awīlum awīlam ana panī eqlīšu uzuzzim
‫וטבחו או מכרו חמשה בקר‬ īgurma aldâm iqīpšu liātim ipqissum [ana] eqlim
‫ישלם תחת השור וארבע צאן‬ erēšim urakkissu šumma awīlum šū zēram ū
‫תחת השה‬ lū ukullâm išriqma ina qātīšu ittabat rittašu
‫בשלם ישלם אם אין לו ונמכר‬2:2 inakkisū
‫בגנבתו‬ 254
šumma aldâm ilqēma liātim ūtenniš tašna
‫אם המצא תמצא בידו הגנבה‬3 še’am ša imuru irīab
‫משור עד חמור עד שה חיים‬ 255
šumma liāt awīlim ana igrim ittadin ū lū
‫שנים ישלם‬ zēram išriqma ina eqlim lā uštabši awīlam šuāti
ukannūšūma ina ebūrim ana 1 būrum 60 kur
še’am imaddad
256
šumma pīassu apālam lā ile’’i ina eqlim
šuāti ina liātim imtanaššarūšu
...
259
šumma awīlum epinnam ina ugārim išriq 5 šiqil
kaspam ana bēl epinnim inaddin
260
šumma arbam ū lū maškakātim ištariq 3 šiqil
kaspam inaddin
...
263
šumma [alpam] ū lū [immeram] ša innadnūšum
utalliq alpam kīma [alpim] immeram kīma
[immerim] ana bēlī[šu] irīab
264
šumma [rē’ûm] ša liātum ū lū ēnum ana re’îm
innadnūšum idīšu gamrātim mair libbašu āb
liātim uair ēnam uair tālittam umtai
ana pī riksātīšu tālittam u biltam inaddin
265
šumma rē’ûm ša liātum ū lū ēnum ana re’îm
innadnūšum usarrirma šimtam uttakkir u ana
kaspim ittadin ukannūšūma adi 10-šu ša išriqu
liātim u ēnam ana bēlīšunu irīab
CC’s first law (21:37) corresponds most closely with the last law in the
Akkadian series (LH 265). Both speak of cattle (liātum // ‫שור‬, ‫ )בקר‬and flock
animals (ēnum // ‫שה‬, ‫ ;)צאן‬both mention these animals in the protases and in
the apodoses; both use a verb for theft (šarāqum // ‫ ;)גנב‬both have exaggerated
multiple repayment (tenfold in the Akkadian // fivefold or fourfold in CC);3 and
both use synonyms for repayment (riābum // ‫)שלֵּם‬. ִ
Another similarity between verse 37 and LH 265 is mentioning two ways
of illegally dealing with the animal: its sale (ana kaspim nadānum // ‫ )מכר‬or
physically misusing it (alteration of the ownership mark, possibly a brand or ear
mark // sacrificing the animal). Altering an ownership mark and slaughtering
may not seem to be connected until one realizes that CC elsewhere conceptu-
ally transforms legislation in LH to create new law, even in a photo-negative
fashion. A shift from altering an owner mark to slaughter is not entirely differ-
ent than CC’s changing ear-severing to ear-piercing in its reformulation of LH
282 to create the slave fealty law in 21:5–6. Of course, altering an ownership
mark in LH 265 is not an alternative to selling but, rather, precedes and facili-
tates the sale.
A similar revision is seen in the apparent reduction of the tenfold penalty in
LH 265 to a fivefold and fourfold penalty in CC. Recall that CC changed by a
factor of two—but in the other direction—the number of years for debt-slavery,
six instead of three. CC also significantly revised Hammurabi’s penalties for
intentional and inadvertent injury and homicide and the penalties for the goring
ox laws. Although clear reasons exist for changing the period of debt-slavery
and the penalties in the assault and homicide laws, the reason for halving the
tenfold penalty of LH 265 is not clear. The tenfold repayment may have been
considered excessive. Fivefold indemnification is found in LH in the long series
of laws dealing with a claim about lost property and its sale (LH 9–13). This
appears to have been a background influence on 22:8 (see later). According to
this series in LH, a buyer of the lost property can be reimbursed fivefold from
the household of a deceased seller (LH 12). The reason for the fourfold repay-
ment of flock animals in CC can be attributed their lesser worth compared to
bovines.4
While verse 37 has a number of similarities with LH 265, it is also similar
in a fundamental way to the first law in the block cited before. A subcondition
in LH 253 reads: “if that man steals seed or feed” (šumma awīlum šū zēram ū
lū ukullâm išriqma). If one removes the demonstrative adjective and changes
the context to animals, one has CC’s basic law, “If a man steals an ox or flock
animal . . . ” (‫)כי יגנב איש שור או שה‬. We will see later that another motif in LH 253
was influential in the formulation of the third theft law of 22:3.
The repayment formula in 21:37, “he shall repay five cattle for the ox or four
flock animals for the flock animal” (‫)חמשה בקר ישלם תחת השור וארבע צאן תחת השה‬,
follows the talion-related formulation found already in 21:36, “he shall repay ox
for ox” (‫)שלם ישלם שור תחת השור‬, and both echo the earlier talion formulations in
21:23b–25 and 26–27. This confirms that those laws were in place or conceived
of before the animal theft law was written. The latter builds on their context
and links the second half of the collection to the first.
The second law in 22:2b is introduced by the infinitive absolute construc-
tion “he must repay” (‫)שלם ישלם‬. This repeats the rule in 21:37, which uses the
simple verb “he must repay.” The phrase in verse 2b may be a resumptive rep-
etition that brings the reader back to the topic of 21:37 after the interruption of
the secondarily inserted burglary law in verses 1–2a.5 Alternatively, it may be
contextually part of the animal theft law and set up the rule that if he cannot pay
the high sums required by verse 37, he is to be sold for his theft (end of v. 2b).
The second law of verse 2b correlates with LH 256. The Akkadian law is a
follow-up to LH 255, which imposes a severe fine for hiring out animals with-
out the permission of the owner (conceptually close to animal theft) and steal-
ing seed.6 LH 256 says that “if he (the malefactor of LH 255) is not able to meet
his obligation” (šumma pīassu apālam lā ile’’i), he is to be dragged plowlike
around the field that he was to have cultivated, perhaps by the very cattle that
he was to have used for cultivation. The law in 22:2b reflects LH 256 in men-
tioning the condition “if he does not have the means” (‫)אם אין לו‬. CC prescribes
a different penalty and one suited to the larger context of CC: the thief is sold,
presumably as a Hebrew debt-slave (cf. 21:2, 7), to pay off the debt.7 This is a
measure-for-measure penalty; if he sells the animal, he may have to sell himself
(both using the root ‫)מכר‬. This plays against the talionic “in place of” (‫ )תחת‬of
verse 37.8
Inability to pay is found in two other laws in LH. According to LH 8 (cited
in full later in the section on deposit), a person who “steals an ox, sheep, don-
key, pig, or a boat” (lū alpam lū immeram lū imēram lū šaâm ū lū elippam
išriq) belonging to the temple or palace is to repay thirtyfold; if the animal
or boat belongs to a commoner (a palace dependent), he replaces tenfold. The
law adds: “if the thief does not have the means to pay he shall be put to death”
(šumma šarrāqānum ša nadānim lā īšu iddâk). The idiom of lā īšu “he does not
have” here is closer to ‫“ אין לו‬there is not to him” in 22:2b than is the idiom of
lā ile’’i “he is not able” in LH 256. LH 8 also has two levels of multifold pay-
ment similar to verse 37, though they are based on the identity and status of the
owner, not the type of animal. The consequence of inability to pay, however, is
presumably more severe in LH 8 than in LH 256, unless being dragged by the
animals causes death. CC’s apparent knowledge of the nearby laws of LH 9–13
(discussed here later) suggests that it could have known of LH 8.9
The second law reflecting the motif of the inability to pay is LH 54. Though
it concerns the replacement of grain destroyed by a flood from not maintain-
ing an irrigation system (with the context set up by LH 53) and uses the idiom
of inability to pay found in LH 256, it prescribes the selling of the culprit as
in 22:2b:10 “If he cannot restore (riābam lā ile’’i) the grain, they shall sell him
and his property (šuāti u bīšašu ana kaspim inaddinūma), and the people of
the ugārum where water carried away their grain shall divide (the resulting
money).” The infinitive that complements the verb of the inability to pay is
“restore” (riābum), which correlates with the verb ‫“ שלם‬repay” in verse 2b.
The verb for selling in the Akkadian text (literally, “they shall give him and
his property for silver”) has an undefined “they.” The passive “be sold” in CC
is conceptually equivalent. CC may have known LH 54, inasmuch as LH 53,
which describes the flooding as an “opening” (petûm) up of the bank, along
with other laws that involve “opening” canals in LH 55–56 and that also involve
negligence, may have influenced the law on the negligent “opening” (‫ )פתח‬of a
pit in 21:33–34 (see chapter 8). More important for the context of 21:37 + 22:2b–
3, the laws that follow the irrigation laws of LH 53–56 legislate about letting
flocks graze in another person’s field (LH 57–58). These are the apparent source
for the very next law in CC, on depasturation (22:4; see later).11 Moreover, the
extreme penalty of LH 255, which lies behind the inability to pay in LH 256,
is also found in LH 58 (“at harvest he shall measure out sixty kors of grain for
each bur of land”; see later on 22:4).
We may have here a case of cross-referencing. The motif of inability to pay
in LH 256 with the idiom lā ile’’i, which occurs in the main sequence of texts
that CC follows for its general topics, may have led CC to LH 54 with the same
motif and idiom. CC used the penalty in this law to replace the corporal pun-
ishment for theft in LH 256. This is consistent with CC’s avoidance of corporal
punishment in other cases (see chapter 7).
Another general point to note is that the prescriptions about the inability to
pay in LH 8, 54, and 256 have to do with penalties that are relatively substan-
tial, not simple double repayment as prescribed in other CC and LH laws. This
may explain why the repayment law appears in 22:2b, immediately after the
penalties of fivefold or fourfold replacement in 21:37, rather than after the dou-
ble replacement law in 22:3.12 This supports the interpretation that the infinitive
absolute construction in verse 2b is not a resumptive repetition but is original
to the animal theft law before the addition of the burglary law and emphasizes
the need to pay this fine, which sets up the context for the rule that the thief
may be sold.
The third law in 22:3 echoes the first law in the Akkadian series cited ear-
lier, LH 253. CC has a phrase stating “it is found in his hand” (‫)המצא תמָצא בידו‬,
which is similar to Hammurabi’s statement that the stolen item “is seized in
his hand” (ina qātīšu ittabat).13 CC displays other correlations between the
verb ‫“ נמצא‬be found” and Akkadian nabutum “be seized,” which are discussed
later.14 In the present law, CC adds the adjective alive (‫ )חיים‬to make it clear that
we are not dealing with a carcass, as in 21:35–36.15
The seizure of the property in 22:3 provides an alternative to the case where
the property is not recoverable in 21:37. These two verses are paralleled by
the selling of a kidnap victim or finding him in the kidnapper’s possession in
21:16, otherwise based on LH 14. Recall from chapter 7 that the alternatives in
the animal theft law—selling or being found in the thief’s possession—were
probably brought into the kidnapping law from the animal theft law to give it
legislative complexity.
The law in 22:3 differs from 21:37 in prescribing only twofold repayment
when the animal is found alive in the thief’s possession. This probably means
that in addition to returning the animal, the thief must pay one other animal.16
Twofold payment is found in LH 254: “If he takes the grain quota and (thus)
weakens the cattle, he shall replace twofold the grain (tašna še’am . . . irīab) that
he received.” Twofold payment is found also in Hammurabi’s deposit laws (LH
120, 124, 126). The requirement in these laws influenced the twofold payment
in CC’s deposit laws in 22:6–8, as we will see.17 CC got to Hammurabi’s deposit
laws (LH 120–126) by cross-referencing through a similar idiom in LH 265.
This law, as we have seen, was influential in the creation of CC’s animal theft
laws. This means that CC could have already had Hammurabi’s deposit laws in
mind when creating verse 3.
The reason for the difference in fivefold and fourfold payment in 21:37 versus
twofold payment in 22:3 is thus, in large part, driven by sources. Therefore, it
cannot be argued that the laws reflect legal evolution, just as CC does not encode
the evolution of homicide, assault, or talion laws.18 The difference in penalties
in the animal theft law is due to the resystematizing of sources. The severer
penalty is required when the animal is unrecoverable, having been slaughtered
or sold. When the animal is found alive in the thief’s possession, then only
double replacement is required. But the specific reason that CC would have
maintained a difference in the penalties is not clear. Schwienhorst-Schönberger
observed that if the animal that could not be recovered was of extremely high
quality, double replacement might not provide sufficient compensation and
penalty. Therefore fivefold or fourfold payment is required. When the animal
is recovered, this question does not arise; one animal is added as a penalty.19
Houtman has alternatively explained that verse 37 has cattle rustlers in mind,
whereas verse 3 has in mind persons who steal animals for their own use. The
intent to do wrong is more heinous in the case of the former than the latter.20
When the first law in 21:37 is seen to correlate mainly with LH 265 and
the third law in 22:3 with LH 253–254, then it appears that CC has inverted
the order of its source. This may not be coincidence in view of the inversion
of other laws, including those on child rebellion (21:15 // LH 195; 21:17 // LH
192–193) and slave homicide (21:20 // LH 116; 21:21 // LH 115). Contextual rea-
sons appear to be responsible for the reversal in these other cases. In the animal
theft laws, CC apparently put the law based on LH 265 first because it deals
with animals, the topic of 21:28–36. It completed its series with a law based on
the principles in LH 253–254, which deal mainly with crop production, though
those paragraphs do mention animals.21
Depasturation (22:4)
The previous section noted that the law on being sold when one cannot pay
the penalty for flooding a field in LH 53–54 may have influenced the animal
theft law in 22:2b by means of terminological cross-referencing from LH 265,

a law in the sequential template that CC follows. Both Akkadian laws use the
specific idiom “he is not able” (lā ile’’i) of the inability to pay a prescribed
fine, the concern of verse 2b. Moreover, LH 54 and verse 2b prescribe that the
insolvent liable party is to be sold to pay the fine. The laws immediately fol-
lowing LH 54 might have been influential on the negligence law of 21:33–34.
LH 55–56 include the motif of negligence and use the verb “to open” (petûm)
of water sources (canals), similar to 21:33–34, which speak of opening (‫ )פתח‬a
cistern into which an animal falls (see chapter 8). If CC knew LH 53–56, then
one can surmise that CC also knew the next laws on depasturation in LH 57–58,
to which 22:4 is similar. Indeed, it is reasonable to think that the use of laws in
this area of LH for verse 2b was a primary stimulus for bringing in a law about
negligent grazing just at this point in the structure of CC:22
Exod 22:4 LH 57–58

4aα 57
If a man lets a field If a shepherd does not make an agreement with
(belonging to another) or a field owner to let his flock graze on the plants,
a vineyard be grazed, and without the permission of the field owner
he lets his flock graze the field, the owner of the
field shall harvest his field. The shepherd who
lets his flock graze the field without the permis-
sion of the field owner shall pay in addition
twenty kors of grain to the field owner for each
bur (of the field).
4aβγ 58
or (!) releases his If after the flock has gone up from the irrigated
animals and they graze land and (after) the pennant (signaling) the ter-
in another person’s field, mination (of pasturing) has been wound around
4b
he shall repay from the town gate, a shepherd releases his flock into
the best of his own field a field and lets it graze the field, the shepherd
or the best of his own shall guard the field where he allowed grazing to
vineyard.23 occur. At the harvest he shall measure out to the
owner of the field sixty kors of grain for each bur
(of the field).
‫איש שדה או כרם‬-‫א)א( כי יְַבעֶר‬4 57
šumma rē’ûm ana šammī ēnim šūkulim itti
bēl eqlim lā imtagarma balum bēl eqlim eqlam
ēnam uštākil bēl eqlim eqelšu iid rē’ûm ša ina
balum bēl eqlim eqlam ēnam ušākilu elēnumma
ana 1 būrum 20 kur še’am ana bēl eqlim inaddin
‫א)בג(ושלח את ְבּעִירֺה וּ ִבעֵר‬4 58
šumma ištu ēnum ina ugārim ītelianim kannu
‫במיטב שדהו‬4 ‫בשדה אחר‬ gamratim ina abullim ittalalu rē’ûm ēnam ana
‫ומיטב כרמו ישלם‬ eqlim iddīma eqlam ēnam uštākil rē’ûm eqel
ušākilu inaarma ina ebūrim ana 1 būrum 60
kur še’am ana bēl eqlim imaddad
Two difficulties in verse 4 complicate comparison with LH 57–58. First, it

is not clear if the verse refers to grazing or burning a field.24 The root ‫ בער‬that
occurs thrice in the verse can be associated with the meaning “to burn.”25 It
occurs in that meaning in 22:5b: “the one who burned shall repay the burning”
(‫)שלם ישלם ַה ַמּ ְבעִר את ַה ְבּ ֵערָה‬. Targum Neofiti understands verse 4 as referring to
burning.26 Perhaps more important, the description of Samson’s incineration
of Philistine crops (Judg 15:5) reflects the language of Exodus 22:4 (italicized
here) mixed with that of verse 5 (italicized and underlined; for the citation of
v. 5, see later): 27
Judg15:5
He set fire to the torches and sent (them, i.e., foxes) into the standing
grain of the Philistines, and he burned up stacked grain, standing grain,
vineyards (and) olive trees.
‫ויַבער אש בלפידים וישלח בקמות פלשתים ויַבער מגדיש ועד קמה ועד כרם זית‬15:5
On the surface, Judges 15 appears to be interpreting CC’s verse 4 as referring

to burning a field. But note that the implicit object of its verb “he sent” (‫)וישלח‬
is the three hundred foxes that Samson captures according to the preceding
verse.28 Hence, Judges recognizes the other interpretation of Exodus 22:4 that
views animals as the cause of crop damage. It is presumably taking advantage
of the ambiguity of Exodus 22:4–5 and conflates the language and phenomenol-
ogy of the laws to tell its story.
The meaning of Exodus 22:4 has to be determined apart from its later inter-
preters. One consideration in favor of taking verse 4 to refer to the grazing of
animals is the redundancy with verse 5 that would be created otherwise. Both
verses 4 and 5 would apparently deal with inadvertent burning, though in two
different contexts: verse 4, an attempted controlled burn in a field or vineyard
that becomes unmanageable and burns another person’s field, and verse 5, a fire
from another source (an oven or fire to burn brush) that catches and spreads to
grain, harvested or in the field.29 A particular redundancy lies in the mention
of a field as the object of damage in both verses. This creates a contradiction
in that a greater penalty is prescribed in verse 4 (paying “the best” of a field or
vineyard) as opposed to verse 5 (simply replacing what was burned). Perhaps,
in this interpretation, greater responsibility is placed on a person undertaking
a controlled burn in a field in verse 4 versus the spread of a fire in verse 5 that
was not created to destroy brush. But this may be an overly fine distinction.
More significant than apparent redundancy between the verses, the term ‫ְבעִיר‬
of verse 4 refers elsewhere in the Bible clearly to cattle (Gen 45:17; Num 20:4,
8, 11; Ps 78:48). One can start with this datum to interpret the verbs ‫ִה ְבעִיר\ ִבעֵר‬
in the verse. They mean “to remove, glean, sweep away,” rather than “burn.”30
Verse 5 also begins with the conjunction ‫ כי‬not ‫אם‬, which means that this is
probably a case distinct from that in verse 4. Furthermore, the Hittite Laws
contain contiguous laws about fire destroying a field or vineyard and letting a
sheep into a vineyard that destroys it (HtL 105–107; cited and discussed later).
This, in principle, shows that two such laws may be expected in CC. Hence, it
is reasonable to take verse 4 to refer to animal grazing.31 Zakovitch reasonably
concluded that verse 4 used the root ‫“ בער‬in order to assimilate it to the law that
immediately follows it (v. 5), in order to strengthen the connection between the
two so that they become a short collection dealing with damages caused to a
piece of land either by allowing a flock to stray, or by a fire.”32
The second difficulty for verse 4 is the textual plus of the Samaritan and
LXX in the middle of the verse. In this formulation, the verse has two distinct
laws (marked a and b here; the plus is italicized):
(a) If a man lets a field or a vineyard be grazed, and releases his animals
and they graze in another person’s field, he shall repay from his field
according to its produce; (b) and if he lets the whole field be grazed,
he shall repay from the best of his own field or from the best of his own
vineyard.”33
The plus is probably an addition to harmonize the stricter payment required in
MT verse 4b over against that in verse 5. Note also that in the MT as it stands,
the (initial) protasis and apodosis have both “field” and “vineyard,” whereas the
plus of the versions has only a “field” in its two members (these are underlined
in the foregoing citation). This creates some inconsistency in the distribution of
locales in the two laws of the Samaritan and Greek.34
If verse 4 deals with grazing, and the economy of the Masoretic formulation
is original, then the law can be compared with LH 57–58. The laws in both col-
lections use causative or intensive stem verbs referring to consumption (‫הבעיר‬,
‫בִער‬, šūkulum), and both mention the release of animals (‫שלח‬, ִ nadûm), together
with a verb for consumption (‫בִער‬, šūkulum). CC has either conflated the two
cases of LH 57–58 where a person lets his flock graze (57) and releases his
flock (58) into one law, or the waw-conjunction on ‫“ ושלח‬and he releases” in
the protasis is to be construed with the alternative sense of “or.” This usage is
found elsewhere in CC: “his mother and [= or] his father” (21:15, 17); “he sells
him and [= or] he is found in his possession” (21:16); “five herd animals he shall
repay for the ox and [= or] four flock animals for the flock animal” (21:37); “an
ass or an ox or a flock animal and [= or] any animal” (22:9).35 Note that the
example in 21:16 consists of verbal clauses (‫)ומכרו ונמצא בידו‬, not merely a list of
nouns.36 That the verbs in 22:4 are to be construed as alternatives is further sug-
gested by the difficulty in making sense of them in terms of simple consecutive
action. Interpreters are generally forced to take the second clause as defining
the first: “If a man lets a field (belonging to another) or a vineyard be grazed,
i.e., he releases his animals and they graze in another person’s field.”37
Hence verse 4 may therefore refer to alternative cases. The first case may
lack intentionality.38 In this, the person merely “lets the field or vineyard be
grazed” (‫ ;)יבער‬that is, his animals may have strayed to the field and vineyard,
and he did not restrict their activity. The second case (where a person releases
his animals) appears to involve intention, indicated by the verb ‫“ ושלח‬or he
releases.”39 These two cases roughly match LH 57–58, though CC must be seen
as changing the specifics. CC removes the details of the source laws and repeats
only the primary operative clauses: “if a shepherd . . . lets his flock graze” (LH
57) and “if . . . a shepherd releases his flock into a field and lets it graze the field”
(LH 58). CC provides a simpler apodosis (“he shall repay from the best of his
own field or the best of his own vineyard”) in the place of the complex grain-
per-land ratios of LH. CC’s penalty probably means that, assuming that repay-
ment will be equivalent, the offender is to pay in crops of the highest quality.
But given the ratios in LH, one wonders if ‫ מיטב‬in CC could mean “best yield,”
that is, the highest quantity that damaged field or vineyard might yield. In this
case, the suffix pronoun “his” on “field” and “vineyard” in verse 4b would refer
to the person suffering the damage.40
Although this interpretation of ‫ מיטב‬is hypothetical, the grain-per-land ratios
in the Akkadian agricultural laws facilitated cross-reference from one to the
other. LH 255, which appears in the topical sequence that CC generally follows
and whose companion law (LH 256) correlates with 22:2b in the motif of the
inability to pay, contains the same penalty as LH 58: “at harvest he shall mea-
sure out sixty kors of grain (to the field owner) for each bur of land” (ina ebūrim
ana 1 burum 60 kur šeʼam imaddad). The only difference is the inclusion of
the recipient of payment “to the field owner” (ana bēl eqlim) in LH 58. While
other agricultural laws in LH have proportioned payments (LH 44, 56, 57, 63),
LH 58 is the only law that has the same grain-per-land ratio as LH 255.41 CC
was able to bring LH 58 and its companion LH 57 into its composition by way
of the common penalty in LH 255.
Crop Destruction by Fire (22:5)
The law of verse 5 is related to verse 4. But unlike verse 4, this does not have a
counterpart in LH. It does, however, have one in the Hittite Laws:42
Exodus 22:5 HtL 105–106

105
[If someo]ne lights [a field] on fire and it
ignites a [fruit-bearing viney]ard—if a vine,
apple tree, [pear tree, or p]lum tree burns, for
each tree he shall pay [six shekels of silver].
He shall replant the [pl]antation. [He shall
look to his house for] it. If he is a slave, he
shall pay three shekels of silver.
106
If fire escapes and catches [If s]omeone carries [fire to his field, and
thorns so that stacked grain, i[gnites] a fruit-bearing [field (alternately:
standing grain, or a field is another person’s field)], the one who burnt it
consumed, the burner shall [shall take the burned fiel]d. [He shall give] a
pay for what is burned. good field [to the owner of the (burned) field,
a]nd he will harvest it.
105
[takku A.ŠÀ-an kuišk]i lukezzi nuzan
anda [miantan GIŠKIRI6.GEŠTI]N epzi takku
GEŠTIN-iš GIŠAŠUR [GIŠAŠUR.
KUR.RA našma GIŠŠ]ENNUR warani ANA 1
GIŠ-Í [6 GÍN.GÍN KÙ.BABBAR pai nu
a]ršin EGIR-pa aršaizzi [parnaššea šuwaez]
zi takku ARAD-ša 3 GÍN.GÍN KÙ.BABBAR
pai
‫כי תצא אש ומצאה קצים ונאכל‬ 106
[takku paur ANA A.ŠÀ-ŠU k]uiški pedai
‫גדיש או הקמה או השדה שלם‬ nu miandan [A.ŠÀ (alternately: tamella A.ŠÀ)
‫ישלם המבער את הבערה‬ lukkezz]i kuišat lukkezzi [nuza lukkandan
A.ŠÀ-a]n apaš dai SIG5-andanma A.ŠÀ-LUM
[ANA EN A.ŠÀ pai t]az waršezzi
HtL 105–106 portray two cases, the first where a fire is properly ignited in a
field but gets out of hand and burns trees, and the second where the fire burns
a ripe field. CC’s law is more like the second law because both are concerned
with fields. But CC’s law lists a number of crop items, similar to the list of trees
in HtL 105.43 CC’s law is also similar to the second Hittite law in using the same
verb stem for a burner and thing burned in the penalty: “the burner shall pay for
what is burned” (‫ )שלם ישלם המבער את הבערה‬compared with “the one who burnt
it shall take the burned field” (kuišat lukkezzi [nuza lukkandan A.ŠÀ-a]n apaš
dai). One feature here is reminiscent of what CC has apparently done in verse
4. The earlier verse apparently reduced two rather complex laws in LH 57–58
into a simpler, though two-part, law. If CC’s source for verse 5 had two laws
similar to the two Hittite laws, CC has reduced them to a simpler single rule.
CC’s preceding law about animal grazing (v. 4) has some correspondences
with HtL 106. The Hittite law requires the burner to give to the victim a
“good field” (SIG5-andanma A.ŠÀ-LUM), probably the burner’s own field, for
harvesting. This is broadly similar to the penalty in CC’s previous law (v. 4),
“he shall repay from the best of his own field or the best of his own vineyard”
(‫)מיטב שדהו ומיטב כרמו ישלם‬, depending how the noun ‫ מיטב‬is to be understood. A
variant reading in the second Hittite law is a description of the field as “the field
of another” (tamella A.ŠÀ).44 Verse 4 (MT) similarly says “they (the released
animals) graze in the field of another” (‫בשדֵה אחר‬
ְ ‫)וּ ִבעֵר‬.45
A broader point of similarity is visible in verse 5 and the context of the
Hittite laws cited previously. Both have contiguous laws about animals
destroying crops. The next Hittite law (107) reads: “If a man lets loose (tarnai)
his flock animals into a productive vineyard (GIŠKIRI6.GEŠTIN) and dam-
ages it, if it is fruit-bearing, he shall give ten shekels of silver for each iku
of land. If it is bare, he shall give three (variant: five) shekels of silver.” The
vineyard in this law reminds one of the vineyard (‫ )כרם‬in verse 4. It stands out
in particular because LH 57–58 only speak of a field (also mentioned in v. 4).46
Moreover, HtL 107 has the verb tarnai “he let loose,” which is similar to ‫ושלח‬ ִ
“he releases” in verse 4, though LH 58 does have iddi “he released,” as noted
before.
It is impossible to claim that CC depends on the Hittite Laws themselves
(see chapter 4). But the correspondences between verse 5 and even verse 4 and
these laws, and especially the collocation of grazing and burning laws in the
two collections, in connection with the larger source dependence of CC on LH
and other cuneiform sources, allow one to hypothesize that CC had access to
an Akkadian collection, at present unknown, which had laws on grazing and
burning somewhat similar to what we find in the Hittite Laws. This obviously
complicates the source analysis of verse 4 and its dependence on LH 57–58,
presented previously. The nature of this complication has to remain open for
further discussion.
CC’s laws in verses 4–5 are the reverse order of the laws in HtL 105–107. If
CC’s hypothetical Akkadian source contained laws similar to the Hittite rules
and in the same order, then we have another case of CC’s transposition of the
order of its sources, in addition to those noted at the end of the prior section on
animal theft. Putting the law on depasturation first would be partly due to the
primacy of laws about animals, the topic of 21:37 + 22:2b–3, and the larger peri-
cope. Putting this law first would also be due to the correlation of the topic with
laws in LH, CC’s dominant source (i.e., LH 57–58). This rationale would be
similar to the possible explanation for the placement of the law on negligence in
21:33–34 relative to those on an ox goring an ox verses 35–36. The negligence
law may have been placed after the main ox law of verses 28–32 because it was
inspired by a law in LH (i.e., LH 229–230). The law on an ox goring an ox (vv.
35–36) followed at the end of the pericope because it came from a source other
than LH (cf. LE 53).
Deposit (22:6–8)
The deposit laws of Exodus 22:6–8 correspond thematically to LH 264–266 of

the sequential template of Hammurabi’s laws:
Exodus 22:6–8 LH 264–266

6 264
If a man gives to his fellow silver If [a shepherd], to whom were given
or (other) items for safekeeping, cattle or flock animals, has received his
and it is stolen from the house of full wages and is satisfied, and he causes
the man, if the thief is found, he the cattle to decrease, causes the flock
shall repay double. 7If the thief animals to decrease, or reduces the off-
is not found, the house owner spring, he shall pay offspring and yield in
shall approach the God (to verify) accord with his contract.
265
whether or not he misappropri- If a shepherd to whom were given
ated the property of his fellow. cattle or flock animals for shepherding
8
In any case of a wrong, whether acts deceitfully and alters the ownership
concerning an ox, ass, flock mark and sells (them), they shall convict
animal, garment, or anything him, and he shall restore cattle and flock
lost, about which one might say animals to the owner tenfold what he
“This is it/he”—the claim of both stole.
266
of them shall come to the God. If in an animal pen a plague occurs or
He whom God convicts shall pay a lion makes a kill, the shepherd shall
twofold to his fellow. declare his innocence before the god.
The owner of the pen shall accept from
him the loss in the pen.
‫כי יתן איש אל רעהו כסף או כלים‬6 264
šumma [rēʼûm] ša liātum ū lū ēnum
‫לשמר וגנב מבית האיש אם ימצא הגנב‬ ana reʼîm innadnūšum idīšu gamrātim
‫אם לא ימצא הגנב ונקרב‬7 ‫ישלם שנים‬ mair libbašu āb liātim uair ēnam
‫בעל הבית אל האלהים אם לא שלח ידו‬ uair tālittam umtai ana pī riksātīšu
‫על כל דבר פשע על שור‬8 ‫במלאכת רעהו‬ tālittam u biltam inaddin
‫על חמור על שה על שלמה על כל אבדה‬ 265
šumma rēʼûm ša liātum ū lū ēnum
‫אשר יאמר כי הוא זה עד האלהים יבא‬ ana reʼîm innadnūšum usarrirma
‫דבר שניהם אשר ירשיען אלהים ישלם‬ šimtam uttakkir u ana kaspim ittadin
‫שנים לרעהו‬ ukannūšūma adi 10-šu ša išriqu liātim u
ēnam ana bēlīšunu irīab
266
šumma ina tarbaim lipit ilim ittabši
ū lū nēšum iddūk rēʼûm maar ilim
ubbamma miqitti tarbaim bēl tarbaim
imaaršu
The correspondences are most visible in verse 8. This mentions animals, as

opposed to verses 6–7, which deal with other property. It begins “In any case of
a wrong, whether concerning an ox, ass, flock animal” (‫)על שור על חמור על שה‬.
This relates topically to the “cattle or flock animals” (liātum ū lū ēnum) men-
tioned several times in LH 264–265 and the topic of LH 266. Also, verse 8, like
LH 266, describes a judicial declaration or procedure before or in connection
with the god, also found in verse 7.
Verses 6–7 relate to LH 264–265 through the technique of cross-referenc-
ing, already seen operative in the animal theft and depasturation laws. CC used
the idiom “to give for shepherding” (ana reʼîm nadānum) in LH 264–265 as
an avenue to the deposit laws of LH 120–126, which use the similar idioms “to
give for safekeeping” (ana maarūtim nadānum; LH 122–125) and “to pile up/
store in (grain)-storage” (ana našpakūtim šapākum; LH 120, cf. 121). These are
the conceptual equivalent of the idiom in the shepherding laws:
120
If a man stores his grain in grain-storage in a man’s house and a dimi-
nution occurs in the grain-store or the house owner opens the storage
place and takes grain or he wholly denies that grain was stored at his
house, the grain owner shall affirm his grain before the god and the house
owner who took the grain shall pay twofold to the grain owner.
122
If a man gives to a man silver, gold, or anything for safekeeping, what-
ever he gives he shall show to witnesses; he shall make a contract and
shall (then) give for safekeeping.
123
If he gives for safekeeping without witnesses or contract, and with
respect to the place where he gave (for safekeeping) they refute him, that
case has no claim.
124
If a man gives to a man silver, gold, or anything before witnesses for
safekeeping and (then) denies it, they shall convict that man. Whatever he
denied he shall give twofold.
125
If a man gives his property over for safekeeping and there where he
gave (for safekeeping) either through break-in or wall-scaling his prop-
erty along with the property of the house owner was lost, the house
owner who was negligent shall pay back whatever was given to him for
safekeeping and allowed to be lost and restore it to the property owner.
The house owner may seek out his lost property and take it from the thief
who stole it from him.
126
If a man whose property was not lost says “My property is lost,” and
makes a claim on his district administration, his district administration
shall establish against him before the god that his property was not lost;
whatever he claimed he shall pay double to his district administration.
120
šumma awīlum šeʼašu ana našpakūtim ina bīt awīlim išpukma ina
qarītim ibbûm ittabši ū lū bēl bītim našpakam iptēma šeʼam ilqe ū lū
šeʼam ša ina bītīšu iššapku ana gamrim ittakir bēl šeʼim maar ilim
šeʼašu ubârma bēl bītim šeʼam ša ilqû uštašannāma ana bēl šeʼim
inaddin
122
šumma awīlum ana awīlim kaspam urāam ū mimma šumšu ana
maarūtim inaddin mimma mala inaddinu šībī ukallam riksātim
išakkanma ana maarūtim inaddin
123
šumma balum šībī u riksātim ana maarūtim iddinma ašar iddinu
ittakrūšu dīnum šū rugummâm ul īšu
124
šumma awīlum ana awīlim kaspam urāam ū mimma šumšu maar
šībī ana maarūtim iddinma ittakiršu awīlam šuāti ukannūšūma mimma
ša ikkuru uštašannāma inaddin
125
šumma awīlum mimmâšu ana maarūtim iddinma ašar iddinu ū lū ina
pilšim ū lū ina nabalkattim mimmûšu itti mimmê bēl bītim italiq bēl bītim
ša īgūma mimma ša ana maarūtim iddinušumma ualliqu ušallamma
ana bēl makkūrim irīab bēl bītim mimmâšu alqam išteneʼʼīma itti
šarrāqānīšu ileqqe
126
šumma awīlum mimmûšu lā al[iq]ma mimmê aliq iqtabi bābtašu
ūtebbir kīma mimmûšu lā alqu bābtašu ina maar ilim ubâršūma
mimma ša irgumu uštašannāma ana bābtīšu inaddin
LH 264–265 and 120–126 have more in common that just the idiom of custo-
dianship, noted previously. The shepherd is phenomenologically like the house
owner who guards another person’s property. Both sets of laws also speak
about the shepherd’s or custodian’s misappropriation of or malfeasance toward
the property. Both sets require multifold payment (LH 265 and 120, 124). And
both sets use the verb nakārum to describe a context of deceit (LH 265 D-stem
“to alter”; LH 120 and 124 G-stem “to deny”). One can also add the declaration
“before the god” (maar ilim), found in LH 266, which follows LH 264–265,
and the declarations “before the god” required in LH 120 and 126. LH 266 pre-
sumes a type of animal bailment like LH 264–265. Such declarations are fitting
in cases where there is a dispute about the theft of property of whatever type.
The similarities between CC’s and Hammurabi’s deposit laws are clear.47
CC uses the idiom “give for safekeeping” (‫ )נתן לשמר‬in verse 6a (also repeated
in v. 9), a translation of “to give for safekeeping” (ana maarūtim nadānum).
The objects of the verbs of “giving” for safekeeping in CC are “silver or (other)
items” (‫ )כסף או כלים‬in verse 6a (see later on the longer list in v. 8) and in LH
122 and 124, “silver, gold, or anything” (kaspam urāam ū mimma šumšu).
Both lists refer to a specific precious metal and then use a general term to cover
other miscellaneous items. Both sets of laws refer to a “house owner,” using
cognate terms (‫ בעל הבית‬in v. 7; bēl bītim in LH 120, 125). CC refers to a “thief”
(‫ ;ַגנָּב‬vv. 6b, 7a), as does LH 125 (šarrāqānum). CC also uses the passive verb
“was stolen” (‫ ;ֻגנַּב‬v. 6a), which correlates with the intransitive verb “was lost,
disappeared” (G of alāqum; LH 125, 126, in the context, almost with a sense
of “be stolen”). The main protasis of the law in verse 6a can even be seen as
having telescoped the initial phrase from LH 122 or 124 with an element from
the protasis of LH 125:
122/124
If a man gives to a man silver, gold, or anything for safekeeping
and. . . . 125 . . . his property with the property of the householder is lost. . . . ”
šumma awīlum ana awīlim kaspam urāam u mimma šumšu ana
122/124
maarūtim iddinma. . . . 125 . . . mimmûšu itti mimmê bēl bītim italiq. . . .

This is reduced and transformed to the following (v. 6a):
If a man gives to his fellow silver or objects for safekeeping and it is sto-
len from the house of the man. . . .
. . . .‫כי יתן איש אל רעהו כסף או כלים לשמר וגֻנב מבית האיש‬
Just as we saw in the cases of the animal theft, grazing, and field burning laws,
CC has taken a more complex set of legislation and boiled it down into a com-
pact simple law.
The chief reason for CC’s bringing in the deposit laws from earlier in
Hammurabi’s collection is that they are general property laws. Theoretically,
they would or could include giving an animal for shepherding, as verse 8 spe-
cifically brings into the context. In this way, CC turns a series of laws of rather
limited scope in LH 253–271 (// 21:37 + 22:2b–3, 8, 9–14), dealing with ani-
mals, into laws dealing with property more broadly (22:1–2a, 6–7, 8). Part of
this expansion was the creation of the burglary law in verses 1–2a, formulated
in connection with the deposit laws under study here, which CC then located
at an earlier place in its animal series (to be explained presently). As a broad
property law, especially with the general law in verse 8, verses 6–8 become
a legislative focal point of this latter half of the casuistic laws, much like the
talion law, also a general law, is the focal point of the homicide and assault laws.
LH 120–126 were not the only influence on CC’s deposit law. After the
general protasis in verse 6a, CC introduces two alternate subcases: “(A) if the
thief is found he shall repay double; (B) if the thief is not found, the house
owner shall approach the God (to verify) whether or not he misappropriated the
property of his fellow” (‫אם ימָצא הגנב ישלם שנים אם לא ימָצא הגנב ונקרב בעל הבית‬
‫ ;אל האלהים אם לא שלח ידו במלאכת רעהו‬vv. 6b–7).48 Alternating cases of this sort
are not found within LH 120–126 but are found earlier in the robbery laws of
LH 22–23:
22
If a man commits robbery and is seized, that man shall be put to death.
23
If the robber is not seized, the robbed man shall declare his lost property
before the god, and the city and the governor in whose locale and district
the robbery occurred shall replace for him his lost property.
22
šumma awīlum ubtam ibutma ittabat awīlum šū iddâk
23
šumma abbātum lā ittabat awīlum abtum mimmâšu alqam maar
ilim ubârma ālum u rabiānum ša ina eretīšunu u paīšunu ubtum
iabtu mimmâšu alqam iriabbūšum
Both of these laws deal with robbery (abātum), conceptually similar to gen-
eral theft (‫ )גנב‬in verses 6–8.49 Too, like verse 7, LH 23 includes a declaration
before the deity (maar ilim) as part of the resolution to the case where the thief
is not found. And like verses 6b–7, the order of the cases is the same (appre-
hending the thief, not apprehending the thief).
The feature that gave CC license to use LH 22–23 for its deposit laws is
found in the law that immediately precedes them, LH 21, which deals with
burglary:
If a man digs into a house, they shall kill him in front of that breech and
hang him up.
šumma awīlum bītam ipluš ina pani pilšim šuāti idukkūšūma iallalūšu
The deposit law of LH 125 (cited previously) includes as one of the circum-
stances theft “by breech/digging through” (ina pilšim). This condition appears
in the clause that describes the loss of the deposited property: “either by dig-
ging through or wall-scaling his property along with the property of the house
owner is lost” (ū lū ina pilšim ū lū ina nabalkattim mimmûšu itti mimmê bēl
bītim italiq). This was the clause that the foregoing discussion said appears to
have influenced CC’s wording “and it was stolen from the house of the man”
in verse 6aβ. Thus we have reason to believe that CC had this very part of LH
125 in mind in its creation of its deposit laws. The phrase ina pilšim “by dig-
ging through” in this clause presumably led CC to palāšum “to dig through”
of LH 21. As we discuss in detail later, CC used this very law to create its
burglary law of verses 1–2a. It reflects Akkadian palāšum in its description of
burglary as occurring ‫“ במחתרת‬by digging through.” The cross-reference from
LH 125 to LH 21 allowed CC to bring in the immediately following laws of LH
22–23 to supply the motifs of a thief being found or not found in verses 6b–7.
Later we see that CC’s burglary law fits conceptually between verses 6 and 7.
This reinforces our perception that CC considered LH 21 in the context of the
deposit laws.
Another mechanism for CC’s adducing motifs from LH 22–23 is that LH
125 presumes a case where the thief is not found. After replacing the deposi-
tor’s lost property, the custodian may continue to look for his own lost property,
“and he shall take (it) from the one who stole it” (itti šarrāqānīšu ileqqe). This
naturally raises the question about the alternatives of finding or not finding the
thief. Again, LH 22–23 provided a model for legislating about this question.
The correlation of the subconditions in verses 6 and 7 with LH 22–23 is
another example of the correspondence of Hebrew ‫“ נמצא‬be found” and
Akkadian nabutum “be seized.”50 We saw this correspondence in the animal
theft law (“if the stolen item is found in his hand” ‫אם המצא תמָצא בידו הגנבה‬, 22:3;
“if that man steals . . . and it is seized in his hand” šumma awīlum šū . . . išriqma
ina qātīšu ittabat, LH 253). The same correlation exists between CC’s bur-
glary law and another Akkadian burglary law, LE 13 (“if the thief is found
while digging through” ‫אם במחתרת ימָצא הגנב‬, 22:1; “a man who is seized in the
house” awīlum ša ina bītim . . . iabatu). This is discussed later in this chapter.
CC uses the term in the kidnapping law (“and [the victim] is found in his hand”
21:16, ‫)ונמצא בידד‬, though Hammurabi’s kidnapping law (LH 14) does not use
the phrase. As noted earlier and in chapter 7, the phrase in this law appears to
have been inserted from the process that created the animal theft law (22:3 and
LH 253; see chapter 7).51 The correlation of ‫ נמצא‬and nabutum is an interdia-
lectical correlation, similar to that of ‫ הכה‬and maāum, both “to strike,” found
in the homicide and assault laws discussed in chapter 6.
The apodoses of the two cases in verses 6 and 7 are also determined by
cuneiform law. When the thief is found (v. 6), “he shall pay twofold” (‫;ישלם שנים‬
v. 6bβ). This is equivalent to the penalty in LH 124: mimma ša ikkiru
uštašannāma inaddin “whatever he denied he shall give twofold” (literally: “he
shall double and give”). A twofold penalty is found in other safekeeping laws.
When grain is stored in a man’s house and there is a loss or the custodian takes
some of the grain, the custodian must pay twofold (LH 120). A person who
claims falsely that his property is lost and accuses his city government must
pay twofold what he claimed was lost (LH 126).52
When the thief is not found, according to verse 7, a different legal solution
is required. The custodian makes a declaration before the deity: “if the thief is
not found, the house owner shall approach the God (to verify) whether or not
he misappropriated the property of his fellow” (‫אם לא ימָצא הגנב ונקרב בעל הבית‬
‫)אל האלהים אם לא שלח ידו במלאכת רעהו‬. This is based on LH 23: “If the robber
is not seized, the robbed man shall declare his lost property before the god”
(šumma abbātum lā ittabat awīlum abtum mimmâšu maar ilim ubârma).
The persons making the declaration in verse 7 and LH 23 are conceptually
equivalent. In verse 7, it is the custodian from whom the entrusted property has
been stolen; in LH 23, it is the man who was robbed. If LH 23 dealt with a case
of safekeeping, its “robbed man” would be the bailee. CC can be seen as adapt-
ing the rule of LH 23 to fit the context of deposit.
LH 23 goes on to provide a remedy where the local administration replaces
the lost property. CC does not follow this. The implicit or default result of the
oracular oath in verse 7, as the next section of this chapter argues, is the exon-
eration of the custodian. In such a case, verse 7 lets the loss remain the deposi-
tor’s. (On the apparent contradiction with v. 11, see chapter 10.) CC’s ruling
thus contrasts also with LH 125, which has otherwise been influential in the
formulation of CC’s law, as noted so far. According to LH 125, the custodian
must repay the lost property to the owner, though the house owner may con-
tinue to look for his own stolen property. The implication of verse 7, that the
property owner remains unrecompensed, may be partly influenced by LH 266
(cited previously), which is part of the general sequence of laws in LH to which
CC’s deposit law corresponds. When an act of divine will kills an animal, “the
shepherd shall declare his innocence before the god; the owner of the pen shall
accept from him the loss of the pen.” This law is a primary influence on the next
laws in CC (vv. 9–10). Note that the protasis of verse 9 repeats the phraseology
of the deposit law of verse 6. This shows a mutuality between verses 6–8 and
9–10 and therefore that LH 266 may be in CC’s view in the creation of verse 7.
Other Akkadian legislation on deposits may have influenced the rule in
verse 7. The laws of LE 36–37 are similar to LH 125 but make a distinction in
liability:53
36
If a man gives his property to an acquaintance for safekeeping, and the
house was not broken into, the door-jamb scuffed, or the window dis-
turbed, but he allows the property given to him for safekeeping to be lost,
he shall restore his property.
37
If a man’s house has been looted, and the property of the house owner is
lost along with the property of the depositor who gave (property) to him
(i.e., the house owner), the house owner shall swear to him an oath at the
gate of (the god) Tishpak:54 “My property was indeed lost with your prop-
erty. I have not committed maliciousness or dishonesty.” He says (thus) to
him. He no longer (therefore) has any (claim) against him.
36
šumma awīlum bušēšu ana naparim ana maartim iddinma bītum
lā pališ sippu lā ališ aptum lā nasat bušē maartim ša iddinūšum
utalliq bušēšu irīabšum
37
šumma bīt awīlim luqqut itti bušē awīl maartim ša iddinūšum uluq
bēl bītim aliq bēl bītim ina bāb Tišpak nīš ilim izakkaršumma itti bušēka
bušūya lū alqū iwītam ū sartam lā ēpušu izakkaršumma mimma elīšu
ul īšu
In the first of these laws, there is no sign of a break-in, and only the depositor’s
property is lost. Therefore, the custodian is suspect and must pay. In the sec-
ond, there is a break-in, indicated by the verb laqātum, D, which means “plun-
der, strip (a house).”55 The custodian’s property has also been lost. Therefore, he
is not suspect and makes satisfaction by swearing only an oath. CC’s verse 7 is
similar to the LE 37 in not requiring repayment after an exonerating oath. LH
125 differs from LE 37 by the mention of the bailee’s negligence (with the verb
egûm) and lack of a prescription of an oath. The law’s formulation thus assumes
the custodian’s guilt. LE 37 and verse 7 do not.
CC may have brought in motifs from other theft laws in LH, particularly for
the formulation of verse 8. The most detailed law on the topic in Hammurabi’s
collection is LH 9–13.56 These form a unit, a concatenation of alternatives
based on changing conditions. The first and longest paragraph sets up the case:
9
If a man whose property has been lost seizes his lost property in the
hand of a(nother) man, but the man in whose hand the lost item has been
seized says “A seller sold it to me, I made the purchase before witnesses,”
and the owner of the lost item says “I can bring witnesses who can iden-
tify my lost item”—if the buyer brings forth the seller who sold to him
and witnesses in whose presence he made the purchase, and the owner
of the lost item brings forth witnesses who can identify his lost item, the
judges shall investigate their words. The witnesses in whose presence the
purchase was made and the witnesses who can identify the lost item shall
declare their knowledge before the deity. The seller is a thief. He shall be
put to death. The owner of the lost item shall take his lost item. The buyer
shall take the silver he weighed out (for the purchase) from the house of
the seller.
9
šumma awīlum ša mimmûšu alqu mimmâšu alqam ina qāti awīlim
iabat awīlum ša ulqum ina qātīšu abtu nādinānummi iddinam maar
šībīmi ašām iqtabi u bēl ulqim šībī mudē ulqiyami lublam iqtabi
šāyimānum nādin iddinūšum u šībī ša ina marīšunu išāmu itbalam u bēl
ulqim šībī mudē ulqīšu itbalam dayānū awâtīšunu immarūma šībū ša
marīšunu šīmum iššāmu u šībū mudē ulqim mudūssunu maar ilim iqa-
bbûma nādinānum šarrāq iddâk bēl ulqim uluqšu ileqqe šāyimānum
ina bīt nādinānim kasap išqulu ileqqe
This law, as opposed to several of the theft laws cited previously, portrays two
people who are in dispute about ownership of an item, and it is not immediately
apparent where the guilt may lie, the type of situation imagined by verse 8.
The disputants have equally valid claims, and both bring evidence to support
their claims. In addition, both texts refer to the words of these disputants: verse
8 speaks of “word of the two of them” and gives a brief citation of what they
might say: ‫כי הוא זה‬, which might be construed as “This is it,” referring to the
lost property or the facts of the case, or possibly “This is he,” referring to the
guilty party.57 This can be seen as abbreviating the citation of the claims of the
two parties in LH 9. Both laws also have declarations before the deity, though
in LH the witnesses do this after the initial claims of the disputants, whereas
in CC the disputants appear to make their initial claims before the deity; to be
sure, however, the brief formulation of verse 8 could be understood more in
line with LH 9. If CC were dependent on this law, it is easy to imagine that CC
generalized the content so that it would apply to various situations, not just a
matter of disputed and stolen property.
Other correlations are visible. Both LH 9–13 and verse 8 use a term meaning
“lost item.” In CC, this is ‫אבדה‬. Although this is relatable to the term mimmû
alqum “lost property” in LH 23 and 125, which are influential on verses 6–7
otherwise,58 a closer parallel is in the simple noun ulqum, which appears four-
teen times in the first three paragraphs (LH 9–11) of LH 9–13.59 LH 10–11,
cited here, continue from LH 9. The translation of term ulqum as “lost item”
has been placed in italics in the prior citation of LH 9 and the citation of LH
10–11 here:
10
If the buyer cannot bring forth the seller who sold to him and witnesses
in whose presence he made the purchase, but the owner of the lost item
can bring forth witnesses who can identify his lost item, the buyer is a
thief. He shall be put to death. The owner of the lost item shall take his
lost item.
11
If the owner of the lost item cannot bring forth witnesses who can iden-
tify his lost item, he is a liar. He has caused hostility. He shall be put to
death.
10
šumma šāyimānum nādinān iddinūšum u šībī ša ina marīšunu išāmu
lā itbalam bēl ulqimma šībī mudē ulqīšu itbalam šāyimānum šarrāq
iddâk bēl ulqim uluqšu ileqqe
11
šumma bēl ulqim šībī mudē ulqīšu lā itbalam sār tuššamma iddi iddâk
The influence of LH 9–13 is perhaps otherwise seen in the fivefold payment

penalty in the case of animal theft in 21:37 (noted earlier in this chapter). LH 12,
the next law in the series, says that if the seller has died, the buyer takes fivefold
from the estate of the seller.
That CC may have been aware of LH 9–13 is suggested by its awareness
of the next law, LH 14, on kidnapping, which influenced 21:16 (see chapter 7).
Recall, too, that LH 21–23, laws not too much further on in the text, influenced
the burglary and deposit laws (22:1–2a and 6–7). A further indication of CC’s
knowledge of LH 9–13 is the possible influence of LH 7–8, which immediately
precede. CC’s list, in which, as discussed before, the word “lost item” appears
(“In any case of a wrong, whether concerning an ox, ass, flock animal, garment,
or anything lost” ‫)על שור על חמור על שה ועל שלמה על כל אבדה‬, is similar to the lists
in LH 7–8:
7
If a man buys either silver, gold, a male slave, a female slave, an ox, a
sheep, an ass, or anything from the hand of a member of the awīlum class
(lit.: son of an awīlum) or a slave of an awīlum without witnesses and
contract, or receives such for safekeeping, that man is a thief; he shall be
put to death.
8
If a man steals an ox, sheep, ass, pig, or a boat, whether it belongs to the
god or whether it belongs to the palace, he shall give (pay) thirtyfold. If it
belongs to a commoner, he shall restore tenfold. If the thief does not have
anything to give (pay), he shall be put to death.
7
šumma awīlum lū kaspam lū urāam lū wardam lū amtam lū alpam lū
immeram lū imēram ū lū mimma šumšu ina qāt mār awīlim ū lū warad
awīlim balum šībī u riksātim ištām ū lū ana maarūtim imur awīlum
šū šarrāq iddâk
8
šumma awīlum lū alpam lū immeram lū imēram lū šaâm ū lū elip-
pam išriq šumma ša ilim šumma ša ekallim adi 30-šu inaddin šumma ša
muškēnim adi 10-šu irīab šumma šarrāqānum ša nadānim lā īšu iddâk
Note in particular the group ox, sheep and ass in LH 7 and the ox, ass, flock ani-
mal in verse 8. The prior discussion of the animal theft law already observed that
LH 8 may be a possible influence on the motif of not being able to pay a similar
graded multiple fine (21:37; 22:2b). LH 7 also refers to deposit (maarūtum),
the topic of the influential deposit laws of LH 120–126. If CC built on the lists
in LH 7–8, it expanded them to include a garment (‫)שלמה‬. One is tempted to
explain the presence of the garment as a reflex of the garment pledge law in the
final apodictic laws (23:25–26).
The list in verse 8 reminds one of the talion list in 21:23b–25. This is not
a coincidence, since both are part of general laws.60 Even though the style
of the two laws is not the same, they both exit regular casuistic form to set
down general principles that relate broadly to the laws in their vicinity. Their
lists are one of the means of formulating laws of broad application. The talion
law fills in blanks left in the homicide and injury laws that precede. It says
that inadvertent homicide requires indemnification of the victim’s family and
prescribes a disability payment for permanent injury that complements the
disability payment prescribed in 21:19 (payment for lost wages). Verse 8 in
chapter 22 extends the principle of dispute resolution before the deity to all
cases of personal property dispute. As noted earlier, inserting general rules in
each of the major sections of CC is a way of summarizing the essence of legal
principles from LH and other cuneiform sources without having to write a
collection of comparable length and detail. What makes the foregoing analysis
particularly credible is that CC’s two general rules appear to summarize major
fundamental and prominent blocks of legislation in Hammurabi’s collection:

21:23b–25 summarizes the talion-injury laws of LH 196–201, and 22:8 sum-
marizes the theft laws of LH 9–13. These are the very passages to which one
expects CC to have paid attention.
As a general rule, verse 8 provides a transition between verses 6–7, which
deal with theft of objects (the same subject presumably of vv. 1–2a), and verses
9–14, which deal with animals. The initial wording “in every case of wrong”
and the following list, which includes animals, a garment, and the summarizing
“or anything lost,” look backward and forward in content. This style, divergent
from casuistic law,61 as well as the content, can be understood as resulting from
writing a general law that also functioned to return to the sequential template
of LH 265–266, which deal with the theft or loss of animals. From this point
through verse 14, CC adheres to the topic of animals, as found in LH 265–271.62
The Judicial Procedures and Declarations in

22:7, 8, and 10
Until now, I have not explained what CC intends in the procedures in connec-
tion with “the God” in verses 7, 8, and further on in verse 10, which is similar
to verse 7. To remind ourselves, verse 7 says that in a case where deposited
property has been stolen and the thief is not found, “the house owner shall
approach the God (to verify) whether or not he misappropriated the property
of his fellow” (‫)ונקרב בעל הבית אל האלהים אם לא שלח ידו במלאכת רעהו‬.63 Verse 8
gives a general rule saying that in a case of dispute about personal property,
“the claim of both of them [the disputants] shall come to the God. He whom
God convicts shall pay twofold to his fellow” (‫עד האלהים יבא דבר שניהם אשר‬
‫)ירשיען אלהים ישלם שנים לרעהו‬. Verses 9–10, which we examine in more detail in
chapter 10, say that when an animal in the custody of another dies, is injured,
or is taken away by a predator, “an oath by Yahweh shall be between the two of
them [the owner and custodian] (to verify) whether or not he misappropriated
the property of his fellow; its [the animal’s] owner shall accept; he [the custo-
dian] does not have to pay” (‫שבעת יהוה תהיה בין שניהם אם לא שלח ידו במלאכת רעהו‬
‫ ;ולקח בעליו ולא ישלם‬v. 10).
The interpretation of these procedures must start with a realization that they
are reflexes of declarations performed (ina) maar ilim “before the god” in
LH.64 We noted earlier in the chapter that verse 7 had correlations with vari-
ous laws that contained declarations before the god: LH 23 (a declaration of
lost property; with the governing verb D-bârum III “affirm, specify”),65 120
(of lost grain; D-bârum), 126 (of evidence against a false claimant; D-bârum,
with sense of “convict”), and 266 (of innocence; D-ebēbum “to affirm inno-
cence, clear oneself”).66 Verse 7 may also have contacts with a law like LE 37
(cited earlier), where an oath is made (nīš ilim zakārum) at the gate of Tishpak’s
shrine (a declaration of innocence). We further saw that verse 8 had a possible
correlation to laws with declarations before the god: LH 9 (of witness testi-
mony; qabûm “speak”) and 126 (just described). As discussed in the next
chapter, verses 9–10 replicate LH 266 in some detail. This law prescribes that
when a plague (lipit ilim) or lion kills an animal in a shepherd’s custody, “the
shepherd shall declare his innocence before the god (maar ilim ubbamma); the
owner of the pen shall accept for him the loss in the pen.”
Hammurabi’s collection contains other examples of declarations “before the
God”: LH 106 (of proof against a trading agent; governing verb D-kânum “con-
vict”), 240 (of property on a sunken boat; D-bârum), and 281 (of the price paid
for a slave; qabûm). These are complemented by the requirement in other laws
of declaring an oath (nīš ilim zakārum), the same idiom used in LE 37. The laws
with this idiom include LH 20 (an oath of innocence in not retaining possession
of an escaped slave), 103 (in abandoning goods on a trading mission), 131 (of a
wife in suspected adultery), and 249 (in the death of a rented animal). The two
descriptions intersect in the similar laws of LH 249 and 266: when an act of
god kills an animal belonging to another, the custodian/shepherd either swears
an oath of innocence (LH 249) or declares his innocence before the god (LH
266). LE 37 brings the two phenomena together: to attest to his innocence, a
custodian of property swears an oath (nīš ilim zakārum) “at the gate/house of
(the sanctuary of) Tishpak,” that is, in terms of geography, before the god. Two
other laws in LH use the verb tamûm “to swear” in oaths of inadvertence: LH
206–207 (injury and homicide; influential on 21:12–14 and 18–19; see chapter
6) and LH 227 (shaving off a slave’s hair-lock).
In summary, Hammurabi’s laws portray two main types of verbal utterances
in judicial contexts, defined or definable in connection with an ilum “god.” The
first is a declaration or oath of innocence or inadvertence, with three subtypes:
(a) those affirmed verbally “before the god” (maar ilim), (b) those spoken as
“(an oath by) the life of the god” (nīš ilim), and (c) those simply sworn (tamûm).
The latter two presumably occur “before the god,” or at least can be understood
as occurring there. The other main type of utterance is a presentation of facts
or evidence “before the god” (maar ilim). The facts may be a description of
property lost, the amount paid for property, or proof of property ownership.
In view of these data, the use of the term ‫ )ה(אלהים‬in the description of the
declarations in 22:7 and 8 must be understood as an imitation of the generic term
for deity, ilum.67 CC reflects this same terminology in other laws. According
to Exodus 21:6, when a male debt-slave, who has been given a wife by his
creditor-master, has children by her and wants to stay with them, “his master
shall bring him to the God (‫ ;)האלהים‬he shall bring him to the door or doorpost
and his master shall pierce his ear with an awl so that he may be a slave for him
permanently.” Exodus 21:13 uses this term to describe an act of inadvertent
homicide: “and he who did not plan, but the God (‫ )האלהים‬caused (the victim)
to meet his hand. . . . ” LH speaks of the accidental death of animals in similar
terms and uses the general term ilum to describe the agency: “if a man rents an
ox and a god (ilum) strikes it and kills (it) . . . ” (LH 249); “if in an animal pen a
divine stroke (lipit ilim) occurs or a lion makes a kill . . . ” (LH 266). Chapter 10
shows that both of these laws were influential on the animal laws in 22:9–14.
Who is intended by the term ‫ )ה(אלהים‬in 21:6, 13 and 22:7 and 8, and to what
place does it refer? The latter question was addressed in part in chapter 5, on
the debt-slave. It refers to a sanctuary.68 From within the casuistic laws of CC,
proof comes from the homicide law. One flees to the place of an altar, that is,
a sanctuary, for adjudication (21:13–14; see chapter 6). This law is part of the
basic composition of CC and reacts to LH 207, which requires an exculpatory
oath, presumably at a shrine or temple. The procedure determining whether a
person is an inadvertent killer in CC would probably have to include, at least, an
oath by the killer. This would be similar to verses 7, 10 and possibly 8, which,
as we will see, involve exculpatory oaths. It makes sense to see all exculpatory
oaths, for homicide or theft, as occurring at the sanctuary.
Another consideration supports this conclusion. CC’s various laws involv-
ing procedures in connection with the deity employ verbs of movement.69 In
the debt-slave law, the owner “brings” (‫ )הגיש‬the slave who wishes to become
permanently enslaved to the deity and the door or doorpost there (21:6); in the
homicide law, one “flees” (‫ )נוס‬to the place where the altar is (21:13–14); in the
deposit laws, one “approaches” (‫)נקרב‬, and the word of two disputants “comes”
(‫ )בוא‬to the deity (22:7, 8).70 None of the maar ilim, nīš ilim, and tamûm laws
in Hammurabi’s casuistic laws mentions movement toward the deity. A pre-
scription for going to the temple, however, is found the wronged-man passage
of the exhortatory block of the epilogue, which was otherwise fundamentally
influential on the apodictic laws (see chapters 3 and 11–12). The passage urges
a man who has been wronged to come before Hammurabi’s statue and stela at
the Esagil temple:
Let a wronged man (awīlum ablum) who has a case (“word”; awātam)
come (lillik) before the statue of me (ana maar almīya), the king of
justice. Let him have my inscribed stela recited to him. Let him hear my
precious words. Let my stela reveal to him the case (“word”; awātam).
Let him recognize his case (dīnšu). Let him calm his heart.
This has an idiom almost identical with “before the god” (ina) maar ilim in
the various casuistic laws of LH. In the wronged-man passage the individual
comes “before my (Hammurabi’s) statue” ana maar almīya. I submit that,
as it conceptually replaced Hammurabi with Yahweh and took up motifs from
the exhortatory block, CC associated the wronged-man passage with the casu-
istic laws featuring declarations or oaths (ina) maar ilim. According to this
transformative reading of the passage, a man with a legal case was exhorted to
go before Yahweh’s cult symbol, the altar, at Yahweh’s cult place for judicial
review. This influenced CC to include motifs of traveling—bringing, fleeing,
approaching, and coming—to “the God” or sanctuary “place.” Connecting
this passage with the (ina) maar ilim laws may not have been a great stretch
for CC. A little later in the passage, the wronged man is urged to “pray (in
praise) for me (Hammurabi) with his whole heart before Marduk, my Lord, and
Zarpanitu, my Mistress (ina maar Marduk bēlīya Zarpānītum bēltīya).” The
wronged-man appears not just before royal symbols but also before the gods in
connection with his judicial review.71
The wronged-man passage apparently influenced the general rule of verse 8
in other respects. Both are all-purpose judicial recommendations. Both describe
a judicial “case” with a noun meaning “word”: verse 8 speaks of ‫“ דבר פשע‬case
(lit., “word”) of wrong” and ‫“ דבר שניהם‬the case (lit., “word”) of the two of
them”; the wronged-man passage uses awātum “case” of what motivates a
person to go to the stela and what is clarified. Both texts also speak of the
“word” as something that is possessed: the case of verse 8 belongs to the two
men (‫“ דבר שניהם‬the case/word of the two of them”); the wronged man is one
“who has a case” (ša awātam iraššû). The two laws speak of legal determina-
tion or clarification: in verse 8, “the God convicts” the guilty party; in the
wronged-man passage, the law is read to him and his case is “revealed.” One
can also see a correlation in the terms ‫“ פשע‬wrong, crime”72 in the phrase ‫דבר‬
‫“ פשע‬case of wrong” and the adjective “wronged” ablum used to describe the
man who comes to the stela. The Akkadian verb abālum means “to do wrong,
do violence to.”73
The evidence about the locale of ‫ )ה(אלהים‬has already indicated to whom
this term refers, namely, CC’s national deity, Yahweh. Hence the term may be
translated “(the) God.” This identification is explicit in verse 10, which speaks
of an “oath by Yahweh.” Although the use of a deity’s proper name is unusual
in these contexts in Akkadian law and the generic ilum is preferred, LE 37
shows that a deity’s name (Tishpak in that case) may be substituted. Therefore,
we need not assume that the mention of Yahweh in verse 10 is secondary. The
appearance of Yahweh in verse 10 and the understanding of ‫ )ה(אלהים‬as Yahweh
are also consistent with the theological picture in the apodictic laws. There,
Yahweh is to be the only object of the Israelites’ religious attention (cf. 20:23;
22:19, 27; 23:13, 17, 19). Because the apodictic laws are part of CC’s basic
composition, their theological perspective is determinative for the meaning of
‫)ה(אלהים‬.
The evidence for the place intended by the term ‫ )ה(אלהים‬and its identity
means that we have to surrender the translations “(the) gods” (in a general
sense),74 “household deities,”75 or the traditional rendering “judges.”76 The last
two options are further disqualified when it is realized that the meaning of
‫ )ה(אלהים‬in judicial procedures (21:6; 22:7, 8) must be the same as the ‫ האלהים‬as
an agent of accidental homicide in 21:13. Moreover, the singularity of the verb
with ‫ האלהים‬in this verse indicates that the term for deity is singular: ‫והאלהים‬
‫“ אנה לידו‬and the God caused (the victim) to meet his hand.” This verse is part
of the original formulation of CC, as argued in chapter 6 and therefore does not
represent a later theological perspective. This means further that the instance
of ‫ )ה(אלהים‬as the subject of a plural verb in 22:8 (‫אשר ירשיען אלהים ישלם שנים‬
‫ )לרעהו‬cannot be translated “he whom gods convict shall repay twofold to his
fellow.”77 This must conceptually be a singular, similar to cases elsewhere in

the Bible where ‫ )ה(אלהים‬is modified by verbs and adjectives in the plural but is
clearly to be understood as a singularity.78 The wording of 23:7 confirms this.
This echoes the notion of 22:8, now with Yahweh as the speaker: “I will not
exonerate the guilty” (‫)לא אצדיק רשע‬.79 This phrase and its verse are original to
the text because it is part of the chiastic core structure around which the final
apodictic laws are built and which structure is dependent on the exhortatory
block of the epilogue.80 Just as the deity in 23:7 is singular, so “the God” in
22:8 must be singular. The plural verb in 22:8 may be an emphatic formula-
tion by virtue of this being a general rule. As such, its “deviant” verb form
may be compared with the deviant verb form in the talion rule of 21:23b, “you
shall give” (‫)ונתתה‬. The unexpected forms draw attention to their contexts as
climaxes or foci of legal formulation.81
That CC’s use of the term ‫ )ה(אלהים‬in its casuistic laws is a conscious reflec-
tion of Hammurabi’s generic ilum is reinforced by how CC, in contrast, rep-
resents deity in its apodictic laws. In these outer sections of the composition,
Yahweh is a dynamic being with clear character traits. This correlates with the
prologue and epilogue of LH, where the deities are named and their actions,
interests, and personalities are described. CC has carefully imitated the por-
trayal of deity in the different genre sections of its source. Therefore, the unde-
veloped character of the deity in the casuistic laws of CC is not evidence of a
different theological perspective or an earlier stage of theological thought.
The preceding discussion provides a foundation for determining more spe-
cifically what procedures CC has in mind in 22:7, 8, and 10.82 Part of problem is
ascertaining the relationship of the phrase ‫( אם לא שלח ידו במלאכת רעהו‬literally,
“if he did not misappropriate the property of his fellow”) in verses 7 and 10 to
the clauses that immediately precede it. The conjunction ‫ אם‬appears to mark a
dependent question, as in Job 1:11: “Yet put out your hand and touch all that
belongs to him (to see) whether or not he will directly curse you” (‫ואולם שלח נא‬
‫)ידך וגע בכל אשר לו אם לא על פניך יברכך‬.83 In view of this, CC’s phrase should be
translated: “he shall approach the deity (to see or determine) whether or not he
misappropriated the property of his fellow” (v. 7) and “there shall be an oath by
Yahweh between the two of them (to see or determine) whether or not he mis-
appropriated the property of his fellow” (v. 10). This points to a divinatory or
oracular procedure, such as using lots, as in determining whether Achan stole
devoted property (Josh 7:13–21) or Jonathan tasted honey when Saul adjured
troops not to eat food (1 Sam 14:37–46), or in “electing” Saul as king (1 Sam
10:20–24).84 Exodus 22:8 indicates an oracular process when it says that when
two disputants bring their case, “he whom God convicts shall pay.” A similar
procedure is found in the story where Saul is told to make an oracular consulta-
tion before fighting the Philistines. A priest says to him: “Let us here approach
the God” (‫ ;נקרבה הלם אל האלהים‬1 Sam 14:36). The idiom of approach and deity
here matches that of Exodus 22:7. Saul then (v. 37) asks the deity (‫)שאל באלהים‬
two complementary yes-no questions: “Shall I go down after the Philistines?
Will you give them into the hand of Israel?” Such questions could easily be
answered by a lotlike oracle, as in the next verses that describe the process for
discovering Jonathan’s crime.85
Exodus 22:10, however, requires us to fine-tune this understanding.
Immediately after it says “there shall be an oath by Yahweh between the two
of them (to see or determine) whether or not he misappropriated the property
of his fellow,” it says “its (the animal’s) owner shall accept; he (the custodian/
shepherd) shall not pay.” This does not allow for an open-ended oracular pro-
cess in which the individual might be declared guilty but assumes that the oath
leads to absolution. In other words, the oath is exculpatory.86 This follows the
context of LH 266 upon which the verse relies. In that law, as noted before, the
shepherd “clears himself before the deity” (maar ilim ubbamma). Bringing
the two streams of evidence together, we may understand verse 10 to refer to an
exculpatory oath that is then tested or verified oracularly. The law assumes, as a
default perspective, that the result will be confirmation of the oath; it therefore
prescribes a result based on that assumption. Because the situation in verse 7
is comparable to that in verse 10 and because both laws use the same clause
of indirect question, we may conclude that verse 7 intends the same process.
That may be why verse 7 contains no result beyond the clause describing the
approach to the deity. It, like verse 10, presumes that a declaration of innocence
will be confirmed by oracle. Verse 8 may allow a more open-ended case in
which the claims on either side are of equal weight, much like the two disputants
in LH 9 (see earlier). In such a case, the claims of both are tested oracularly.87
Where did CC get its rule about an oracular test, especially since Hammurabi’s
casuistic laws about legal declarations described with maar ilim, nīš ilim, and
tamûm do not point clearly to such a test? It could partly come from an inter-
pretation of presentation of evidence before the deity, such as LH 9 (cited previ-
ously). One reading this could infer that this presentation is for the purpose of
oracular verification. It is also possible that ordeal passages in LH have influ-
enced the interpretation. LH 2 and 132 say that accusations of witchcraft and
adultery are to be proved by having the accused jump into the River, identified
as a divine being. If the River overcomes the accuser, the accuser is guilty.88
It is not impossible that CC considered LH 2 in its composition, inasmuch as
it also has a law on sorcery (22:17) that uses the same Semitic root (kšp; see
chapter 7). The laws on false accusation and perfidious judgment in LH 1–5
also seem to partly inform the chiastic core of the final apodictic laws on proper
judgment (23:1–8). But admittedly, the river ordeal is phenomenologically quite
distinct from the declarations and oaths otherwise in LH and CC.
Another source for the oracular test may be CC’s own native custom or idiom
of approaching the deity for an oracle. This may have been blended with motifs
from LH because the basic phenomenology was consistent with the declaration
and oath passages of the casuistic laws of LH and approaching the symbol of
the source of law described in the exhortatory block. To go to the deity for judg-
ment, in CC’s perspective, was to seek an oracle. It used traditional language
to articulate this. Recall that Saul’s inquiry to determine battle strategy, noted
previously, uses language similar to 22:7: “ . . . ‘Let us draw near here to the
God’; So Saul inquired of the deity . . . ” (‫;ונקרבה הלם אל האלהים וישאל שאול באלהים‬
1 Sam 14:37–38).89 Although this text is technically later than CC, I would
not argue that its idiom derives from CC. The context is different, involving
a king’s taking counsel from a priest on military matters. Moreover, “inquir-
ing of the God/Yahweh” (‫)שאל באלהים\ביהוה‬, the central phenomenon described,
appears often in the context of inquiries about military or royal matters.90 It
shows no signs of being generated from CC.91
In summary, the procedures briefly described in Exodus 22:7, 8, and 10 are
actually quite complex. This can be considered due to CC’s combining motifs
from LH and native tradition. Verses 7 and 10 were based on procedures per-
formed maar ilim “before the god.” To this, CC adds the exculpatory oath, a
reflex of nīš ilim zakārum. It requires that this be tested oracularly, a procedure
apparently drawn from native tradition. Verse 8, in a somewhat different man-
ner, built on the idea of presenting competing claims before the god, as in LH
9. But as in the case of verses 7 and 10, CC folded in the native oracular test.
The procedures in these various verses are understood as taking place at the
sanctuary, and the general term for deity refers to Yahweh.
Burglary (22:1–2a)
The intrusive law about burglary in 22:1–2a has similarities to the burglary law
of LH 21 (as noted in brief, previously), as well as the burglary law of LE 13:92
Exodus 22:1–2a LH 21 and LE 13

1 LH 21
If the thief is found in the act of If a man digs into a house, they
digging in, and he is struck and dies, shall kill him in front of that breech
there is no bloodguilt for him. and hang him up.
2a LE 13
If the sun has risen over him, there is A man who is seized in the
bloodguilt for him. house of a commoner, inside the
house at midday shall weigh out ten
shekels of silver. He who is seized at
night inside the house shall die, he
shall not live.
‫אם במחתרת ימצא הגנב והכה ומת אין לו‬1 LH 21
šumma awīlum bītam ipluš
‫דמים‬ ina pani pilšim šuāti idukkūšūma
‫אאם זרחה השמש עליו דמים לו‬2 iallalūšu
LE 13
awīlum ša ina bītim ša
muškēnim ina bītim ina mulalim
iabbatu 10 šiqil kaspam išaqqal ša
ina mūšim ina bītim iabbatu imât
ul iballu
CC’s law corresponds with LH 21 in describing the burglary as an act of

digging through or boring; its noun ‫“ מחתרת‬digging in” corresponds with the
Akkadian verb palāšum “to dig” and noun pilšum “digging through, tunnel-
ing.”93 In contrast to LH 21, LE 13 does not mention tunneling. This may be
implied in the situation. The law, however, only says that the person is “inside
the house” of the commoner. He may have entered by other means.94 Both
CC and LH 21 also present the killing of the burglar as the primary case, as
opposed to LE 13, where the killing appears in the second law in the series.
CC, however, corresponds with LE 13 in incorporating the variable of day ver-
sus night,95 devoting separate laws or clauses to these cases (though in reverse
order), and allowing the thief to be killed at night. Even though verse 1 does not
mention the night, it is entailed implicitly and retrospectively from the context
of the second case, which mentions the risen sun.96 CC and LE 13 also use
terms for finding/seizing the individual (‫נמצא‬/nabutum). This correspondence,
found in other laws of CC and its Akkadian sources, was discussed earlier
in this chapter. Recall that the laws immediately following LH 21 speak of a
robber being seized or not seized. Hence the motif is in the environment of
Hammurabi’s law on burglary.
Given CC’s use of LH generally, the unique correspondences with LH 21
over against LE 13, and that LH 22–23 were used by CC for verses 6–7 (see
earlier and later), one has to imagine that LH 21 has been influential on the CC
law. But the correspondences with LE 13 indicate that a law similar to it was
also influential. As noted before in this chapter and elsewhere in this study,
some laws in CC have similarities to laws in LE (especially 21:35 // LE 53 and
to some extent 22:6–7 // LE 37). As chapter 4 has indicated, however, we cannot
say that CC knew LE, but only that CC had a source with some laws similar
to LE.97
The primary contrasts in CC’s law are its mention of “blood,” referring to
bloodguilt or blood vengeance, and putting the death of the burglar in the pro-
tasis.98 LH 21 and LE 13 place his death—an on-the-spot execution—in the
apodosis. In CC, the death is a condition that leads to a judgment about whether
there is bloodguilt or vengeance. Therefore, CC’s law is less about burglary and
more about homicide. It thus augments the theme of the laws in 21:12–32. The
burglary law raises criteria to be considered in the judgment of intentionality:
the time of day and the nature of the activity in which the victim was involved.
These supplement the list of other criteria already presented earlier: the killer’s
frame of mind (21:12–14, 22–23), the instrument used (fist or stone; vv. 18–19),
immediacy of death (for a slave; vv. 20–21), and indirectness of the assault (vv.
28–32).
The burglary law also augments the rules about vengeance and indemnifica-
tion. Chapter 6 summarized the penalties accompanying intentional and unin-
tentional homicide. It observed that according to the talion law in 21:23–25,
unintentional homicide and injury require indemnification. The burglary law
may present a case where such indemnification is not required. If a burglar
breaks in at night, he is assumed to be intent on harming the unsuspecting

residents of the house and stealing their property. The householder’s defense
of his life and property presumably releases him from paying indemnification.
Another way of explaining this is that in terms of the ledger sheet of cross
obligations, the requirement in LE 13 that the daytime burglar pay ten shekels
of silver shows that he has an economic obligation toward his burglary victim.
This obligation could in principle cancel anything that a householder may owe
in return for homicide without premeditation.
But CC treads on new ground in its rules about the daytime killing of the
burglar. For LE 13, the burglar has liability even in the daytime. CC, however,
shifts the burden to the house owner when it says that, if the sun has risen,
“there is bloodguilt for him.” This appears to mean that he the killer is capitally
liable. This contradicts CC’s basic homicide law because the daytime killing
does not seem to be intentional but a defensive act. CC may assume that the
intentions of the burglar and a judgment about the situation are more clearly
discernible in the daytime and that one can defend against burglary without
having to kill the burglar. A burglar who uses the shield of night to pursue the
crime may have designs beyond thievery, whereas the daylight criminal seeks
only property. The conditions of night and day may also indicate different loca-
tions of the burglar and differences in the extent of his tunneling. At night, the
house owner is inside, and the burglar may have already penetrated the house.
At day, especially if we take the description of “the sun has risen on him (i.e.,
the burglar)” literally, he may still be outside and not yet pose a serious risk.
This may account for CC’s not following a law with wording like LE 13 that
says the burglar is caught midday (mulalum, “siesta time”) and specifying the
locale of apprehension as inside the house.99
Perhaps the greatest difficulty with the burglary law is its position. As noted
at the beginning of this chapter, it interrupts the animal theft law of 21:37 +
22:2b–3.100 Its intrusive character is even more evident, now that we have iden-
tified it as a law about homicide and not about theft. All things considered,
however, the burglary law goes best contextually with the deposit law of verses
6–7. One might even put it between verses 6 and 7:101
6
If a man gives to his fellow silver or (other) items for safekeeping, and it
is stolen from the man’s house (‫)בית‬,
if the thief (‫ )הגנָב‬is found (‫)ימָצא‬, he shall repay double.
1
If the thief (‫ )הגנָב‬is found (‫ )ימָצא‬in the act of digging (into the house)
and is struck and dies, there is no bloodguilt for him.
2a
If the sun has risen on him, there is bloodguilt for him.
7
If the thief (‫ )הגנָב‬is not found (‫)לא ימצא‬, the owner of the house (‫)בית‬
shall approach the God (to verify) whether or not he misappropriated the
property of his fellow.
This provides a better context for tunneling—a house (v. 6) rather than what
seems to be a cattle pen in 21:37.102 House burglary accords with LH 21 and
LE 13. If verses 1–2a follow verse 6, they have no need to explicitly men-
tion a house. Moreover, verse 6 mentions that “the thief is found” (‫)ימָצא הגנב‬.
The same phrase appears in verse 1 and thus relates to the context of verse 6.
Furthermore, the mention of “the thief” connects smoothly to the context of
verse 6, which also mentions “the thief.” Verse 7, which has the alternative case
to verse 6b, continues the terminology of “finding” (though negatively formu-
lated) and refers to “the thief.”103
That the burglary law has an association with the deposit laws of verses
6–7 is confirmed by CC’s sources for the deposit law, as described earlier in
this chapter. By the technique of cross-referencing, CC was able to incor-
porate laws on theft from various parts of LH. Sequentially, CC’s deposit
laws correlate with LH 264–265. But the idiom of “giving for shepherding”
in these Akkadian laws took CC to the deposit laws of LH 120–126 and
their idiom of “giving for safekeeping.” Next, the mention of burglary by
tunneling in LH 125 took CC to the burglary law of LH 21 and, with these,
the contiguous robbery laws of LH 22–23, which mention the alternative
of a robber being or not being seized. It is completely reasonable that the
burglary law of verses 1–2a would have been conceived of in this process of
cross-referencing back to the laws of LH 21–23. Thus the thesis that verses
1–2a fit into the context of verses 6–7, determined previously solely on the-
matic and terminological considerations in the Hebrew text, is verified by
source analysis.104
I readily admit that although verses 1–2a go best between verses 6 and 7,
they do disturb the context of alternating laws in verses 6b and 7.105 In fact,
verses 6b and 7 as a unit are a rather paradigmatically pure example of Near
Eastern legal form. This is not enough, however, to say that the burglary law
could not have had its home there in the original context of CC. The rest of CC
shows that, though it generally imitates Near Eastern legal forms, it deviates
from those forms (especially 21:2, 12–14, 15–17, 23–25; 22:17–19). Therefore, it
is quite possible that verses 1–2a originally interrupted verses 6b–7. An alter-
native is to imagine that CC formulated the burglary law along with verses 6–7
in the conceptualizing and drafting process, but put it in its present position in
the final composition.
Why did CC or a later editor place the burglary law in the middle of the
animal theft law?106 A primary reason may have been the architecture of the
Israelite four-room or pillared house.107 The upper floor was used for living
and sleeping, and the bottom floor was used for food preparation, storage, and
keeping one or two animals, mainly sheep or goats. Thus animal theft could
take place in a house. In my view, this placement and consideration would
be secondary because 21:37 + 2b–3 do not talk about a house as the venue of
animal theft, and verses 1–2a otherwise do not fit well into the context of the
animal theft law. Another reason for this placement of the burglary law may
have been to locate it as close to the homicide laws as possible while keeping it
in the context of the theft laws.108
Conclusion
The group of laws on animal theft, burglary, crop destruction, and deposit in
21:37–22:8 appear on the surface to be a miscellany. Scholarship has generally
pared back the text to a smaller group of original laws that has been succes-
sively expanded. The laws primarily identified as secondary additions include
the burglary laws in 22:1–2a, the crop destruction laws in verses 4–5, and the
general law of verse 8.109 Other parts have been seen as secondary, including
the second half of the animal theft law (vv. 2b–3) and even the deposit law of
verses 6–7. The foregoing source and compositional analysis indicates, how-
ever, that the whole of 21:37–22:8 is a compositional unity based on a reworking
of LH and one or more other Akkadian sources.110
CC based its series of laws on the general topics of LH 253–265, agricultural
and animal theft and animal custody. The animal theft law of 21:37 + 22:2b–3
was created from this series of Akkadian laws and reflects it in reverse order:
verse 37 mainly echoes LH 265; verse 2b, LH 256; and verse 3, LH 253–254.
To fill out its legislation, CC used the technique of cross-referencing to bring
in motifs from other laws in LH. The motif of the inability to pay in LH 256
led perhaps to the use of perhaps LH 8 and more clearly to the use of LH 54
for verse 2b. The use of LH 54 in turn allowed bringing in the nearby laws on
grazing a field in LH 57–58, the subject of verse 4. The similarity of the penal-
ties in LH 255 (of which 256 is the continuation) and LH 58 also allowed CC to
bring LH 57–58 into play. CC simplified the two laws in LH 57–58 to create a
short two-part law about releasing animals into a field in verse 4. The topic of
grazing allowed CC to introduce a law on the destruction of a field and crops
by fire, based on a law from another Akkadian collection.
The deposit laws in verses 6–8 were built on the motifs suggested by LH
264–265, laws at the end of the series that stimulated CC’s animal theft laws.
CC again used the technique of cross-referencing to build the deposit laws. The
idiom of “giving for shepherding” in these laws led to laws with the idiom “to
give for safekeeping” in LH 120–126. The use of the term “digging through” in
one of these laws (LH 125) led CC further to incorporate motifs from the bur-
glary law of LH 21, which uses the same term, and with this the following laws
on a robber being found or not found in LH 22–23. From this gathering of laws,
CC created its simple basic law on deposit in verses 6–7, the burglary law in
verses 1–2a (whose present position may be secondary), and the general rule in
verse 8. However, other influences are likely. The burglary law apparently built
on motifs from a burglary law in another collection (like LE 13). The general
rule in verse 8 may have been shaped by the primary theft law in LH 9–12 that
pits two claimants against one another, the lists of stolen items in LH 7–8, and
the wronged-man passage in the exhortatory block calling for an appearance
before Hammurabi’s statue and stela for judicial review. Verse 8 also has LH
265–266 in view. From these, it derives the motif of animals, to bring the bibli-
cal composition back on the track of the sequential template of LH.
If our object of study was only 21:37–22:8, the complexity of its fabrication
as described here would be highly speculative. License for looking for influ-
ences from throughout LH and other sources, as well as identifying cross-refer-
encing as a technique, comes from the overall dependence of CC on LH, visible
in the broad pattern of sequential correlations with LH in both the casuistic and
apodictic laws. That many of the specific regulations and motifs of CC corre-
spond closely to features of LH suggests that this analysis is not unreasonable.
These specifics include exaggerated multiple replacement for stolen animals,
twofold replacement in most cases of theft, the motif of the inability to pay,
being sold (as a slave) when unable to pay, terms for tunneling in the burglary
law, the common idiom for the deposit law (“to give . . . for safekeeping”), inclu-
sion of silver and a general term for possessions in the deposit law, similar lists
of objects or animals, the motifs of a thief being or not being found, deposition
or oath before the deity, and the use of a general term for deity (ilum/‫)האלהים‬,
especially in contrast to the more personal and dynamic description of deity in
the outer sections of the two compositions.
Furthermore, the technique of cross-referencing, while more in evidence in
21:37–22:8, is not the first time we have seen it. We found it operative in the
creation of the debt-slave laws of 21:2–11 and also in the slave-homicide laws
of 21:20–21. In these cases, the topics of Hammurabi’s sequential template led
CC to bring in laws on related topics outside the sequence and even outside LH.
Cross-referencing in these other instances is more limited and therefore seems
more plausible. But that the technique is operative elsewhere gives us a basis
for positing its operation, even though more elaborately, in the pericope under
study here. This technique therefore comes to the fore as a prominent feature
in the creation of CC.
The variety of topics and styles evidenced in 21:37–22:8, used to chart a dia-
chronic redactional development of the passage, come from this crisscross use
of laws and motifs from different places within LH and from other sources. The
most deviant element of the pericope, verse 8, which lacks casuistic formula-
tion, is partly the result of its being formulated to bring CC back on the track
of the sequential template of LH after the deviation that created the deposit and
crop destruction laws. Its unusual formulation is also due to its being written
as a general rule. As such, it parallels the also deviantly formed talion rule in
21:23b–25 and, like it, serves as a conceptual focus of the group of laws in
which it appears. The second most deviant feature of our passage is the place-
ment of the burglary law. Though this may have been moved to its present
location after the basic text of CC was written, it is conceptually at home in the
original composition. It appears to have been formulated in connection with the
deposit law of verses 6–7.
Certain ideological elements appear in 21:37–22:8. These include the oaths
made before the deity, identifiable as Yahweh. These tie the deposit laws to
the prominence of the deity in the apodictic laws and to the theme of the cult
found there (20:23–26; 22:28–30; 23:14–19). If the wronged-man passage of the
epilogue can be connected with the judicial declarations in verses 7–8, then
these passages are indirectly connected with the major ideological transforma-
tion in CC, the replacement of Hammurabi with Yahweh. A lesser ideological
modification is adapting the burglary law to the homicide law, to the extent
that this was not already apparent in CC’s sources. This fleshes out CC’s view
about punishments for and the operation of intent in homicide, a major point of
revision in 21:12–32.
As for the theft laws themselves, CC may be seen as reacting to excessive
multiple payment by restricting penalties to, at most, fivefold and fourfold
replacement in 21:37, over against greater factors in corresponding laws of LH
(e.g., LH 8, 265). CC avoids severe penalties, such as the measure-for-measure
corporal punishment where animals drag an offender around a field when he
cannot pay the fine. CC’s replacement penalty—the insolvent thief’s sale as a
debt-slave—is grave but not life-threatening. But CC did not invent this solu-
tion; it drew it in from another law in LH. The lessening of the severity of pen-
alties in the theft laws corresponds with the rejection of vicarious punishment
and bodily mutilation in 21:12–32. In general, CC may be seen as imposing a
balanced reality over against the perhaps rhetorical extremes exhibited in its
sources.
Finally, native Israelite and Judean features appeared occasionally in these
laws. Besides the obvious identification of “the God” in 22:7 and 8 as Yahweh,
the main feature of this sort is the oracular testing of the oath or declaration
made at the sanctuary. This is not necessarily inconsistent with the cuneiform
sources, but it does not appear to derive from them. Given the other passages in
the Bible where this appears and which are unrelated to CC, this is a reasonable
conclusion.
10
Animal Injury, Death, and Rental
(Exodus 22:9–14)
The laws on the death, injury, and rental of animals in 22:9–14 are the last sec-
tion of correspondences between CC and LH within the casuistic laws. CC’s
laws at this point adhere more closely to the topical sequence of LH than did the
preceding laws on animal theft, burglary, depasturation, burning a field, and
deposit in 21:37–22:8. The previous laws correlate with the topical sequence of
LH but were augmented significantly by using material from elsewhere in LH
and from other sources. The current group of laws continues the laws on deposit
but follows LH 266–271, with cross-referencing only to the related group of
laws on animal rental in LH 244–249. Verses 9–14 refine Hammurabi’s corre-
sponding legislation by providing nuance to the issues of accident, negligence,
and associated liabilities. They thus contribute to CC’s general goal, manifested
in the other sections of its casuistic laws, of solving problems in LH and other
sources to create more coherent legislation.
Injury and Death of Animals: The Basic Law (22:9–10)
The primary legal situation in verses 9–10 corresponds to and derives from
LH 266:1
Exodus 22:9–10 LH 266

9
If a man gives to his fellow an ass, If in the pen a divine stroke occurs
ox, flock animal, or any animal for or a lion kills,
265
safekeeping and it dies or is injured or

is snatched away and no one sees,
10
an oath by Yahweh shall be between the shepherd shall declare his inno-
the two of them (to verify) whether or cence before the god.
not he misappropriated the property
of his fellow.
Its owner shall accept. He need not The owner of the pen shall accept
repay. from him the loss in the pen.
‫כי יתן איש אל רעהו חמור או שור או שה וכל‬9 šumma ina tarbaim lipit ilim ittabši
‫בהמה לשמר ומת או נשבר או נשבה אין ראה‬ ū lū nēšum iddūk
‫שבֻעת יהוה תהיה בין שניהם אם לא שלח ידו‬10 rēʼûm maar ilim ubbamma
‫במלאכת רעהו‬
‫ולקח בעליו ולא ישלם‬ miqitti tarbaim bēl tarbaim
imaaršu
Though CC’s law is informed by LH 266, it begins by reiterating the lan-

guage of the deposit law in verse 6aα, which reads: “If a man gives to his fellow
silver or articles for safekeeping” (‫)כי יתן איש אל רעהו כסף או כלים לשמר‬. Chapter 9
demonstrated how this language correlates with and is inspired by the idiom for
giving animals over for shepherding in LH 264–265 (ana rēʼîm nadānum “to
give for shepherding”) by cross-reference to the idiom for giving objects over
for deposit (ana maarūtim nadānum “to give for safekeeping”). The idiom in
verse 9, with the verb ‫“ לשמר‬to keep” but in the context of animals, is a hybrid.
One might have expected verse 9, following the wording of LH 264–265 and
the context of animal custody in LH 266, to be formulated with the verb “to
shepherd” (‫)לרעות‬, the exact equivalent of ana rēʼîm.2 The wording in verse 9
was probably chosen to create a topical tie between verses 9–12 and verses 6–8.
Verse 9 is also tied to the preceding verses in the list of animals that is the
object for the verb “to keep” ‫לשמר‬: “an ass, ox, flock animal, or any animal.”
This echoes the list of animals in verse 8 that might be objects of dispute:
“concerning an ox, an ass, a flock animal” (‫)על שור על חמור על שה‬. Chapter 9
observed that the list in verse 8, while based in part on the short list in LH
264–265 that includes “cattle or flock animals” (liātum ū lū ēnum), may have
been influenced by a longer list as found in the earlier theft laws of LH 7, which
includes (among other things) “an ox, sheep, ass,” and LH 8, which lists “an ox,
sheep, ass, pig.” Verse 9 builds on the longer list of verse 8, changing the order
slightly and adding the catchall “or any animal” (‫)וכל בהמה‬.3
The foregoing considerations indicate that verses 6–8 have conceptual and
compositional primacy over verse 9. This does not mean that verse 9 was added
by a later hand. Rather, the originality of verse 9, indicated by its correlation
with LH 266, demonstrates that verses 6–8 must also be seen as original, if
there was still a question after the examination of these verses in chapter 9.4
Apart from the initial wording of the protasis in verse 9, which follows verse 6,
the rest of the law in verses 9–10 follows LH 266 and does so quite closely. CC’s
Animal Injury, Death, and Rental 267
law shares three motifs in the same order: (1) accidental death of animals, (2) an
oath before the deity, and (3) the acceptance of the owner. The following discusses
these points of correlation and brings in analysis of CC’s legislation along the way.
With regard to the first point of correlation, LH 266 describes the accidental
death of the animal caused by an act of god or a lion. Verse 9 generalizes and
expands these cases to say that the animal may simply die. This is conceptu-
ally equivalent to the “divine stroke” (lipit ilim) in LH.5 CC does not employ
this theological explanation, perhaps in the interest of abbreviating description.
But CC is not averse to this type of explanation and includes it in its homicide
law, where it describes inadvertent killing as a case where “the God (‫)האלהים‬
directed (the homicide victim) to his (the killer’s) hand” (21:13). The general
term ilum “god” in the idiom lipit ilim corresponds with the general term ‫האלהים‬
“the God” in 21:13 in the same way that ilum in the idiom maar ilim in judicial
declarations correlates with ‫“ )ה(אלהים‬the God” in 22:7–8 (see chapter 9). Given
CC’s willingness to move textual elements around, we may wonder if the motif
in the homicide law was stimulated by LH 266. CC may have moved the loca-
tion of the motif because, more than any case of inadvertence in CC, accidental
homicide required theological or causal grounding.
Verse 9 toward the end also says that the animal may “be snatched away,”
literally “be captured” (‫)נשבה‬.6 Other instances of the root ‫ שבה‬have humans
as agents. If humans alone are the implicit agents of this action in the law, it
seems to pose a contradiction with verse 11 (cited in full later). The later verse
says that in a case of theft, described with the verb ‫גנב‬, the shepherd or custo-
dian must repay, as opposed to verses 9–10, which say that he does not pay.
The tension may be resolved in part if the act indicated by ‫ שבה‬is considered
to involve extreme force, as opposed to a case of simple theft as described by
‫גנב‬.7 The care normally expected from a shepherd that would protect an animal
from theft is not enough to protect it from forceful capture. In contrast, a simple
theft (v. 11) may occur because of some degree of negligence on the part of the
shepherd (see later).
Predatory animals are probably to be included as possible agents of the
action described by the verb ‫“ נשבה‬be snatched away.” Though the Bible does
not use this root with animals as agents, we have descriptions of animal attacks
that fit the context as described here. Prior to his fight with Goliath, David
describes his audacity for Saul: “Your servant was a shepherd of flocks for
his father. When a lion or bear came and carried off (‫ )נשא‬an animal from
the group, I would go out after it, strike it, and rescue it from its mouth. If it
rose against me, I would grab it by its mane and strike it and kill it” (1 Sam
17:34–35). Here the lion takes its victim completely away. Similarly, Isaiah 5:29
refers to a growling lion that “seizes prey and carries (it) off (‫ )ויפליט‬with none
to rescue.”8 CC’s use of LH 266, which speaks about a lion making a kill, sup-
ports the notion that animals are to be included as implicit agents of the action
indicated by ‫נשבה‬. CC therefore breaks animal attack down into two cases: the
case here, where the animal is completely lost and where an oath suffices to
exonerate the shepherd, and the case in verse 12, where the predator leaves part
of the animal, which is brought to the owner as proof of predation.
By leaving the agent of ‫“ נשבה‬be snatched away” unspecified in verse 9,
CC was able to write a law of more general application, which could include
both humans and animals as the cause. This omission parallels leaving out
Hammurabi’s description of “the god” in the case of the animal’s unexplained
death. CC here is not interested in agents, only the event of the animal’s loss
or injury.
Verse 9 adds that the animal might “be broken” (‫)נשבר‬. This is not found in
LH 266. In contrast to dying and being snatched away, “being broken” does not
seem to indicate that the animal is lost or even dead. Verse 13 refers to the same
event in a case of animal rental. This stands alongside the death of the animal:
“If a man rents (an animal) from his fellow and it is broken or dies” (‫וכי ישאל איש‬
‫)מעם רעהו ונשבר או מת‬. The mention of just these two possibilities delineates in
brief the range of what an animal might suffer. Though not in LH 266, animal
injury of this type is found in LH 246 and 248, which use the Akkadian root
šebērum “to break,” cognate with Hebrew ‫שבר‬:
246
If a man rents an ox and breaks its leg or cuts its neck (tendon), he shall
restore ox like (the injured) ox to the ox owner.
248
If a man rents an ox and breaks its horn or cuts off its tail or damages its
heel tendon, he shall give silver one-fourth of its value.
246
šumma awīlum alpam īgurma šēpšu ištebir ū lū labiānšu ittakis alpam
kīma alpim ana bēl alpim irīab
248
šumma awīlum alpam īgurma qaranšu iš<te>bir zibbassu ittakis ū lū
šašallašu ittasak kaspam IGI.4(?).GÁL šīmīšu inaddin
It is likely that “being broken” in CC was added under the influence of these
Akkadian laws. We will see that the whole series of laws about animal rental in
LH 244–249 were influential in verse 12 and particularly in the animal rental
laws of verses 13–14. Therefore, they were in CC’s view when the laws in this
area of the text were composed. A difference between the breaking in verse
9 and Hammurabi’s laws is that in LH 246 and 248 the shepherd is the agent
of the action. CC’s passive verb “was broken” (‫ )נשבר‬may have been chosen
to include accidental or inexplicable injuries, from animal’s own agency (cf.
1 Kings 13:26, 28) or by natural causes (cf. Ezek 34:16).9 Thus CC continues
to broaden agency in the description of what the animal suffers beyond the
description in its source.10
The second motif that correlates with LH 266 is the oath of innocence in
verse 10. CC further contextualizes this by saying that “no one sees” (‫ ;אין רֺאֶה‬v.
9); that is, there is no witness. Witnesses would be able to affirm the custodian’s
innocence, which would preclude his having to swear an oath. The concern
about witnesses is resumed in different terms in the rental law, which pre-
scribes a different outcome when the owner of the rented animal is present and
it is injured or dies (vv. 13–14). The need for the oath is also given context by
verse 12, which allows a shepherd to bring the remnant of a carcass as proof as
predation. In the case of verse 9, there is no remnant; hence an oath is required.
The description of the oath in verse 10 differs significantly from that in LH
266. In LH, the shepherd simply declares himself innocent before the god. CC’s
wording is abstract, without description of an agent: “An oath by Yahweh shall
be between the two of them (to verify) whether or not he misappropriated the
property of his fellow” (‫)שבעת יהוה תהיה בין שניהם אם לא שלח ידו במלאכת רעהו‬.11
The wording here is similar to the oath in verse 7, where “the house owner draw
nears to the God (to verify) whether or not he misappropriated the property of
his fellow” (‫)ונקרב בעל הבית אל האלהים אם לא שלח ידו במלאכת רעהו‬. This, then, is
another feature that ties verses 9–10 to the preceding deposit law.
One of the differences of verse 10 against verse 7 and against LH 266 is
mention of the proper name of deity. Chapter 9 studied the various declarations
and procedures performed before the deity in CC and Akkadian law collec-
tions. This demonstrated that though mentioning the divine name is unusual,
it is not unprecedented. LE 37, for example, mentions the deity Tishpak in an
oath context.12 The reason for mentioning “Yahweh” in verse 10, however, may not
be due to following a source like LE 37 but to CC’s pervasive concern about the
motif of recalling the divine name. The three textual sequences of the apodictic
laws, based on the exhortatory block of LH, manifest this theme prominently
(see chapters 3 and 11). The initial apodictic laws contain the primary datum about
the announcement of the divine name. There the deity says: “in every place where
I proclaim my name (‫ )אזכיר את שמי‬I will come and bless you” (20:24). This is
balanced thematically and structurally by a rule in each string of the final apo-
dictic laws: “do not curse God (‫ )אלהים לא תקלל‬and do not curse the chieftain
among your people” (22:27) and “you shall not mention the name of other gods
or let it be heard on your lips (‫( ”)ושם אלהים אחרים לא תזכירו לא ישמע על פיך‬23:13).
The casuistic laws complement this thematic emphasis, though by implica-
tion. CC probably imagined the use of Yahweh’s name in the other judicial
declarations prescribed in 22:7 and 8. Similarly, CC probably expected that a
person who had inadvertently killed someone would invoke the divine name
in a declaration of innocence at the sanctuary (21:13; see LH 206–207 and
chapter 6). CC perhaps also expected a similar oath in cases of inadvertent
injury described in 21:18–25, inasmuch as LH 206, a source for 21:18–19 and
a background influence on the talion laws of 21:23–25, requires a declaration
of innocence in such cases (see chapter 6). Therefore, in CC’s imagination,
the use of the divine name is as prominent in the casuistic legislation as it is
in the apodictic laws. Chapter 12 shows, further, that an interest in the use of
the divine name spills over into the narrative of Exodus in which CC was set.
The oath in verse 10 is said to be made “between the two of them” (‫בין‬
‫)שניהם‬. This develops from verse 8, which says that “the word of the two of them
shall come to the God” (‫)עד האלהים יבא דבר שניהם‬. This further ties verses 9–10
to the preceding deposit law. In verse 8, either of the parties may be culpable.
In verse 10 (and the declaration in v. 7), only the custodian is possibly culpable.
Nevertheless, as chapter 9 has explained, all of the declarations in verses 7, 8,
and 10 involve a test of veracity. In verse 8, the question as to whose declara-
tion is valid is left open when it says that “the God will convict” one of the
parties. Verse 10 is written from the default perspective that the oath is proved
true. Therefore, the law says that the custodian need not recompense the loss.
This optimistic default perspective can be attributed to the use of LH, which
portrays the oath as exculpatory.
The foregoing considerations indicate that the oath in verse 10, including
the mention of the divine name, is not a later addition.13 The irregularities in
CC’s text at this point, which might be taken as a sign of secondariness, are
due to CC’s revision of the bare description of judicial declaration in LH 266
to approximate the wording of verse 7 and to provide explicit correlation with
the theme of the pronouncement of the divine name. This description of a
judicial oath is the last of the various casuistic laws that implicitly or explicitly
entail judicial declarations in connection with the deity (cf. 21:13–14; 22:7,
8). Perhaps, therefore, for climactic emphasis, the divine name is explicitly
mentioned.
The third common motif between verses 9–10 and LH 266 is the acceptance
of the owner: “its owner shall take/accept; (the shepherd) need not repay” (‫ולקח‬
‫ )בעליו ולא ישלם‬and “the owner of the pen shall receive the loss of the pen”
(miqitti tarbaim bēl tarbaim imaaršu). The Akkadian phrase is clear about
what the owner accepts: the loss that was suffered. Another law, LH gap¶z,14
also uses the Akkadian verb maārum in a similar way. It describes a case
where a man borrows from a merchant and can repay only with other goods.
The law allows the man to pay thus, adding that “the merchant cannot object
(ul uppas);15 he shall accept (imaar).” The verb maārum in LH is also used
to describe the receipt of wages (LH 264) and rent on a field (LH 45, 46). The
wording of verse 10 is terse, which makes what is accepted unclear.16 The object
may be the “property” mentioned in the oath and thus mean that the owner
takes the dead or injured animal, if it is available.17 The object may be the
abstract economic loss; that may be why it is not specified. Or the object may
be the oath; this alone is the owner’s recompense. The reason CC left the object
unmentioned may be a function of adding the condition of the animal’s being
“snatched away” beyond the case described in LH 266. Since the animal’s car-
cass may not be available according to CC’s law, the owner cannot literally
“take the loss” as described in LH 266. This evidence and these considerations
mean, incidentally, that the stipulation of acceptance is not a later addition to
the basic text of CC.18 Awkwardness in CC’s formulation is, again, a function
of adapting its source to fit the new context.
Finally, CC adds the clarifying rule that the custodian does not have to repay
after the statement about accepting the loss or the oath in verse 10. LH 266 does
not say that the shepherd does not need to repay, but this is the implication. CC
makes this judgment overt, probably because of the context of the related laws in
verses 11 and 12. The ruling in verse 10 provides a contrast with verse 11, a case
of theft where the custodian has to repay. The ruling of verse 10 is then echoed in
verse 12, which says that if the animal was torn by predators, he does not repay
(see later). The terminological stimulus for the verb ‫ שלם‬in verse 10 is probably
the next Akkadian law, LH 267 (cited later), which dictates that in the case of
negligence, a shepherd needs to make restitution, described with the cognate verb
šullumum. This law may have influenced verse 11 otherwise, as we will now see.
Animal Theft (22:11)
Verses 11–12, to which the previous section has already referred, add subcondi-
tions to the law in verses 9–10. Verse 11 may have been partially spurred by LH
267, since both of these laws are next in the sequence of both collections and
display some similarity.
Exodus 22:11 LH 267

If it is stolen from him, he If a shepherd is negligent and allows pissatum
shall repay to its owner. to occur in the pen, the shepherd shall repay
in cattle or flock animals the loss from the pis-
satum that he allowed to occur in the pen and
give (it) to their owner.
‫ואם גָנֺב יִָגּנֵב מעמו ישלם לבעליו‬ šumma rēʼûm īgūma ina tarbaim pissatam
uštabši rēʼûm iīt pissatim ša ina tarbaim
ušabšû liātim u ēnam ušallamma ana bēlīšunu
inaddin
The specific similarities of the two laws are their dealing with the loss of ani-
mals in some way, singlefold repayment to the owner, the use of the Semitic
root šlm to describe this repayment, and the description of this payment as
being “to its/their owner,” with the preposition “to” (ana/-‫)ל‬, and cognate nouns
for “owner” (bēlum/‫ )בעל‬with suffixes referring to the animals.
Problematic for our understanding of a correlation is the term pissatum.
Most take this to refer to a disease that occurs among animals.19 It is possible
that this term was not clearly understood by CC. The context indicated that this
referred to some type of harm or damage to animals, and therefore CC substi-
tuted for it a case of theft. CC could have followed the meaning of a homonym
that means “cancellation” and hence a loss of animals.20 The problem with this
interpretation is that pissatum with this meaning is attested only as a technical
term in omen texts. In any case, LH 267 does refer to the notion of a loss in the
phrase iīt pissatim “loss resulting from pissatum.” This may have been sug-
gestive enough to generate a law on theft.
Verse 11 is in ostensible contradiction to verses 7 and 9–10.21 The previ-

ous section of this chapter already offered a solution to the contradiction with
verses 9–10, saying that the act indicated by the verb ‫“ נשבה‬was snatched away”
in verse 9 refers to the loss of the animal in which extraordinary force was used
over against mere theft in verse 11. The contradiction between verse 11 and
verse 7 is a more complex matter. Both verses speak about theft of property
by using the same verb ‫“ גנב‬steal,” but verse 11 requires the custodian to pay,
whereas verse 7 does not prescribe a payment:
9 6
If a man gives to his fellow an If a man gives to his fellow silver or
ass, an ox, a flock animal, or any (other) items for safekeeping, and it is sto-
animal for safekeeping . . . 11if it len from the house of the man, if the thief
is stolen from him he shall repay is found, he shall repay double. 7If the
(it) to its owner. thief is not found, the house owner shall
approach the God (to verify) whether or
not he misappropriated the property of his
fellow.
‫כי יתן איש אל רעהו חמור או שור או‬9 ‫כי יתן איש אל רעהו כסף או כלים לשמר וֻגנַּב‬6
‫ואם גָנֺב יִָגּנֵב‬11 . . . ‫שה וכל בהמה לשמר‬ ‫מבית האיש אם ימצא הגנב ישלם שנים‬
‫מעמו ישלם לבעליו‬ ‫אם לא ימצא הגנב ונקרב בעל הבית אל האלהים‬7
‫אם לא שלח ידו במלאכת רעהו‬
The shepherd in verse 11 cannot escape by swearing an exculpatory oath like
the custodian in verse 7. Why?
It could be argued that verse 7 is deficiently formulated—that it has not
incorporated the necessary penalty clause and that the ruling of verse 11 applies
also in that case.22 But chapter 9 argued that verse 7 was analogous to verse 10,
which has a similar exculpatory oath. If the declaration is determined to be
true, which is the default assumption of the legislation certainly in verse 10, the
custodian is absolved of any responsibility and payment, as indicated explicitly
by verse 10. This perspective and specific ruling applies also to verse 7. That is
why verse 7 has no penalty clause at the end. Hence the apparent contradiction
between verses 11 and 7 remains.
A possible solution is that verse 11 may involve negligence, as opposed
to verse 7. That negligence is a determining factor in similar theft laws was
already seen in the examination of LH 125 and LE 37 in chapter 9. The cases in
these two laws are nearly the same: there has been a burglary, and the property
of the depositor has been stolen, along with that of the custodian. But LH 125
requires repayment of the stolen property, whereas LE 37 does not. A crucial
difference is that LH 125 says, in passing, that the custodian was negligent,
using the verb egûm. LE 37, however, does not include this condition. It instead
prescribes an oath that the custodian swears, whose content implies that it is
not a case of negligence. He declares: “My property was lost along with your
property; I have not committed maliciousness or dishonesty.”
That negligence may be an operative factor in verse 11 can be connected with

the place where the property is presumably held and how it is supervised.23 In
verses 6–7, the deposited silver or objects are kept in a house and would be secured
along with the householder’s own property. Although verse 11 does not mention
a place of custody, it is probably not a house.24 The animals are presumably kept
in a pen, like the Akkadian tarbaum of LH 266–267, or in an open field. In this
environment and owing to the nature of what shepherding entails, the animals
would not always be under the immediate eye of the custodian. Hence animals
would be more susceptible to theft. Verse 11, therefore, may have increased the
liability of the animal custodian to ensure that he be on guard to prevent theft.25
That verse 11 involves a case of negligence is supported by the influence of
LH 267. The Akkadian law explicitly involves a case of negligence, described
with the verb egûm. This verb is found in various laws about negligence in LH,
including LH 125, just mentioned.26 CC does not need to explicitly state that
negligence is a factor when this is contextually apparent. The description that
a pit owner did not cover a pit in the negligence law of 21:33–34 effectively
portrays his carelessness (see chapter 8). Further on in this chapter, we explore
the animal borrowing and rental laws (22:13–14). Verse 13 there requires the
borrower or renter to replace an animal that has been injured or that dies when
the owner is not present. This presumes possible negligence, even though that
condition is not explicitly described. In verse 11, negligence is indicated not
so much by the inner wording of the verse itself, but in its contrast with verses
9–10, and specifically with the verb ‫“ נשבה‬was snatched away.”
But this contrast of verbs allows for a slightly different explanation of the
contradiction, one that does not require us to posit underlying negligence in
verse 11. The law of LH 266 and the associated law LH 244 (compare LH 249)
set down the precedent that the indefensible force posed by an attacking lion
releases the shepherd of all liability. CC wrote two laws on the matter: verses
9–10, where the animal victim is completely carried away, and verse 12, where
part of the carcass remains. The implication from Hammurabi’s source laws
may have led CC to suppose, in contrast, that simple theft of an animal (apart
from any question of negligence) carried a liability that required the shepherd to
replace the animal. Hence it wrote the exceptional law in verse 11. In this inter-
pretation, CC may have intended that the implied agent of the action indicated by
the verb ‫“ נשבה‬it was snatched away” in verse 9 was only a predatory animal, not
a human. CC used a verb from the sphere of military capture to metaphorically
describe a predator’s attack and pilfering. If so, CC stayed close to the meaning
of its source text LH 266 for verse 9. In contrast, humans are the implied agents
of theft (‫ )גנב‬in verse 11. Hence, the variable in verse 11 may not be negligence
but the identity of the agent and, with this, whether a reasonable defense could be
made to protect the entrusted animal. This created a law in verse 11 that ended
up in conflict with verses 6–7. The tension was allowed to stand because of the
phenomenological independence of the two cases (deposit versus shepherding).
That CC had the issue of defensibility in mind while creating the various
deposit laws of verses 6–12 is signaled by the formulation of the burglary law
(22:1–2a) in the context of verses 6–7, as argued in chapter 9. Only secondarily
did that law receive its location at the beginning of Exodus 22, outside the
context of the deposit laws. The burglary law is concerned about liability for
killing the very person who would be responsible for the theft from a house
in verses 6–7. One may further wonder if the issue of defensibility in cases of
animal theft had something to do with moving the burglary law to its present
contextually odd location. That is, the basic animal theft law in 21:37 + 22:2b–3
relates conceptually to the law about the theft of an animal given in deposit in
22:11. The burglary law in its present context therefore reflects indirectly on
defensibility in a case such as verse 11 over against verse 9. It may give permis-
sion analogically to the shepherd to kill a thief who operates in the sheepfold
at night.
Finally, we can comment on the perceived secondariness of verse 11.27 The
verse is an addition to verses 9–10, but one made in the course of CC’s com-
position rather than at a later redactional level. As noted previously, it appears
to have been stimulated in part by LH 267. This associates the verse with the
compositional activity that used LH as a source generally. Moreover, although
it is not exactly clear how the case of theft in verse 11 relates systematically to
the cases in verses 9–10 and the preceding law about deposit in verses 6–7, in
terms of language and general conception, it is consistent with verses 6–7.28
Predation with Evidence Remaining (22:12)
Exodus 22:12 clearly deals with predation: “If it (the animal in custody) is torn
by a predator, he will bring it as evidence; he need not repay an animal torn by
a predator” (‫)אם טָרֺף יִ ָטּרֵף יבאהו עד הטרפה לא ישלם‬.29 This topic depends on LH
266: “If in the pen a divine stroke occurs or a lion kills” (cited in full earlier).30
Predation was already introduced in verse 9, which speaks of an animal being
“snatched away” (‫)נשבה‬. This includes a predator if it does not speak solely of a
predator, as discussed in the previous section of this chapter. The description of
the animal’s being “injured” (‫ )נשבר‬in verse 9 may also entail an animal attack.
In verse 12, the animal has been killed by a predator. It contrasts with verse 9
in that part of the animal remains, which can be brought as evidence of attack
by another animal. This evidence leads to exoneration by demonstrating that
it is a case of loss beyond the custodian’s control. When part of the carcass is
available, no oath as in verse 10 is necessary.
LH 244 may have also influenced verse 12, especially since this and associ-
ated laws were influential in the next law of verses 13–14:31
If a man rents an ox or a donkey and a lion kills it in the open country, (it,
the loss, belongs) to its owner.
šumma awīlum alpam imēram īgurma ina ērim nēšum iddūkšu ana
bēlīšuma
LH 244 agrees with LH 266 that an animal killed by a predator is the owner’s
loss. But LH 244 has a somewhat peculiar formulation. It ends with the phrase,
literally rendered, “to its owner.” This means that “(the loss is) the owner’s.”
One wonders if CC construed this prepositional phrase with the verb bring to
yield “he shall bring it to the owner” in verse 12.
CC’s law uniquely says that the person brings the animal as evidence. The
evidence may be like the carcass parts described in Amos 3:12:
Thus says Yahweh: Just as a shepherd saves two legs or an ear tip
from the mouth of a lion, thus the Israelites who dwell in Samaria will
escape. . . .
‫כה אמר יהוה כאשר יציל הרעה מפי הארי שתי כרעים או בדל אזן כן ינצלו בני ישראל‬
. . . .‫הישבים בשמרון‬
It is not clear, however, that this rescue is for evidential value, or simply
describes a failed attempt to save the animal. Legal intent is clearer in Jacob’s
protest of innocence to Laban (Gen 31:39):
I never brought to you a torn carcass. I bore the loss of it myself. You
demanded it from me, whether it was stolen by day or stolen by night.
‫טרפה לא הבאתי אליך אנכי אחטנה מידי תבקשנה גנבתי יום וגנבתי לילה‬
This has language similar to CC’s law: ‫“ טרפה‬torn carcass” and ‫“ הביא‬bring.”
Jacob also indicates that, in contrast to CC’s law, he himself bore the loss.
The wording of this passage may be an indication that CC drew on traditional
Israelite practice to create verse 12 to augment verses 9–10, which are based
on LH 266.32
The verb ‫“ טרף‬tear, prey upon” and noun ‫“ טרפה‬torn carcass” used in verse
12 anticipate the use of the noun in 22:30 at the end of the cultic laws of the first
string of the final apodictic laws:
You shall be holy people to me. Flesh in the field—torn carcass—you
shall not eat. You shall throw it to the dogs.
‫ואנשי קדש תהיון לי ובשר בשדה טרפה לא תאכלו לכלב תשלכון אתו‬
The wording in this law may have been influenced from LH 244: ina ērim
nēšum iddūkšu “in the open country a lion kills it.” “In the open country”
is equivalent to CC’s “in the field.” The flesh of an animal carcass was also
of implicit concern in the prohibition of using a stoned ox in the diet (21:28).
Stoning makes the flesh of the ox equivalent to ‫ טרפה‬meat. The use of animal
carcasses is also a concern in the laws about an uncovered pit and a gored ox,
which allow the animal owners to keep the dead animals, though probably not
to use them as food (21:34, 35–36; see chapter 8).
The Basic Meaning of the Animal Rental Laws

(22:13–14)
Before we can undertake a comparative analysis of the rental laws in verses

13–14, we need to determine their meaning. Interpretation is difficult because
of points of ambiguity in verse 14b. Here is my translation, which I shall sub-
sequently justify:
13
If a man borrows (an animal) from his fellow and it is injured or
dies, and its owner is not with it, he shall repay.
14a
If its owner is with it, he (the borrower) does not repay.
14b
If it is rented, he (the renter) is responsible for its rent-payment.
‫וכי ישאל איש מעם רעהו ונשבר או מת בעליו אין עמו שלם ישלם‬13
‫אאם בעליו עמו לא ישלם‬14
‫באם שכיר הוא בא בשכרו‬14
The term ‫ שכיר‬in verse 14b may be interpreted either as an adjective “rented,”33
referring to the animal, or as a noun meaning “hired person,” referring to the
person who rents34 (v. 13), or the ‫“ בעל‬owner” in verses 13–14a. This owner
is either the same as the “fellow” of verse 13 or a separate supervisor.35 The
phrase ‫ בא בשכרו‬in verse 14b may also be given several interpretations, depend-
ing on the values for its pronominal elements:
If he is a hired person,
it (the loss) comes out of his (the hired person’s) wages;36
he (the hired person) is entitled to his wages.37
If it is rented,
it (the loss) is included in/covered by its/his (the animal’s/
owner’s) rent payment;38
he (the owner) is entitled to its/his (the animal’s/owner’s) rent
payment;39
he (the renter) is liable for its/his (the animal’s/renter’s) rent
payment.40
The alternatives for each of these problematic elements, and how they are seen
to relate to the two laws of verses 13 and 14a, have been combined in different
ways to produce a variety of interpretations. This, in turn, affects the interpre-
tation of the primary operative verb ‫ שאל‬in verse 13. For example, if ‫ שכיר‬means
a “rented (animal),” then ‫ שאל‬means “borrow,” that is, to make use of without
payment. If ‫ שכיר‬means a “hired person,” then ‫ שאל‬may mean “rent.”
Interpreting ‫ שכיר‬as referring to a hired worker and translating verse 14b as
“if he is a hired worker, he (the worker) is entitled to his wage” is an attractive
option in view of biblical evidence at large, the economy of CC’s legislation,
and the particular argument of this study. The term ‫ שכיר‬is well attested with
this meaning.41 This interpretation would allow one to take the verb ‫ שאל‬as
“rent,” not “borrow,” thus yielding a simple law describing one type of eco-
nomic engagement with the animal rather than both borrowing and renting.
The appearance of a “hired worker” would also be consistent with the ideologi-
cal interests of CC. The ‫ שכיר‬in other biblical texts is included among those who
are impoverished. CC elsewhere mentions various impoverished persons: debt-
and chattel-slaves (21:2–11, 20–21, 26–27, 32; 23:12), the immigrant (22:20;
23:9, 12), the widow and orphan (22:21, 23), and the poor in general (22:24–26;
23:11). A requirement to pay the hired worker’s wage in 22:14b would be con-
sistent with not taking interest from the poor and returning a garment pledge
at sundown (22:25–26). (For the theme of poverty in CC, see the discussion in
chapter 11.)
Nevertheless, I am constrained to take ‫ שכיר‬as an adjective referring to the
animal because of the difficulty in seeing how a “hired person” makes contex-
tual sense. If ‫ שכיר‬refers to such a person, then ‫ שכרו‬means “his (the hired per-
son’s) wages,” whether the interpretation of the phrase ‫ בא בשכרו‬is “he (the hired
person) is to be paid his wages” or “it (the loss) is docked from his (the hired
person’s) wages.” In this interpretation, the person most likely to be responsible
for the wages would be the animal owner. At the same time, the verb ‫ שאל‬of
verse 13 would probably mean “rent,” not simply “borrow,” as indicated earlier.
This means that the hired person is paying the owner for use of the animal.42
The problem is that it is not clear why the owner would receive rent from this
worker and at the same time pay him a wage—why the owner would even
require a rental fee for his own animal for work done for his benefit. A similar
question could be asked if the verb ‫ שאל‬is taken to mean “borrow.” Why would
a worker’s use of his employer’s animal be described as a case of or require
borrowing?
Jackson sought to solve such problems by enlarging the number of persons
involved:
We have here a three-party situation. . . . One man (ish, v.13) borrows
(for rental) livestock from another (re‘ehu, v.13), and entrusts them to an
actual keeper, ba‘al (v.13). His liability for loss due to death or mutilation
depends upon whether the ba‘al is with the animal at the time. But if that
ba‘al is his own hired labourer (v.14), as opposed to an independent shep-
herd with whom he subcontracts, the last verse of the paragraph stresses
that he must not deduct the loss from the labourer’s wages.43
This seems unlikely because ‫ בעל‬logically refers to the animal’s owner and
hence is the same as the “fellow” (‫ )רע‬from whom the animal was borrowed.
Elsewhere in CC, an animal’s ‫ בעל‬is its owner (21:28, 29, 34, 36; 22:10, 11),
not a deputized custodian. The comparative evidence from LH 242–247, to
be examined later, confirms this understanding. These laws use the cog-
nate Akkadian term bēlum “owner, master” to refer to an animal’s owner.
It is to this bēlum that recompense is paid. Similarly in CC’s laws, we must
understand the ‫ בעל‬as the one to whom recompense is paid in verse 13, that is,
the animal’s owner.44
By elimination, therefore, I arrive at the translation set out earlier. The initial
two laws in verses 13–14a have to do with borrowing, that is, receiving benefit
of an animal without paying a fee for hire. That ‫ שאל‬can have this meaning is
clear from other usages in the Hebrew Bible.45 Elisha tells a destitute woman to
“borrow” empty vessels that will be miraculously filled with oil (2 Kings 4:3).
An axe head that is “borrowed” falls into water (2 Kings 6:5). The Israelites
“borrow” gold and silver objects and clothing from their “fellows” prior to the
Exodus (Exod 11:2; 12:35). These items do not seem to be acquired by payment
of a fee but are simply on loan gratis. As we see later, this economic relation-
ship, different from that in verses 9–12, helps explain why the borrower must
pay even for an accidental death or injury according to verse 13. It is an insur-
ance policy benefiting the lender for lending his animal. Verse 14a protects the
borrower from a truly accidental death, where there can be no suspicion of the
borrower’s foul play.
The law in verse 14b extends the preceding law to a case where the animal
is rented. The adjective ‫ שכיר‬refers to the status of the animal. In this case, a fee
has been paid for its use. That this term may be used adjectivally is indicated
by Isaiah 7:20, which describes Assyria as a “razor hired” (‫ )תער שכירה‬by God
to punish Judah. The noun ‫ שכר‬in the phrase ‫ בא בשכרו‬at the end of verse 14b
must mean “rental fee,” to correlate with the interpretation of ‫ שכיר‬as “rented
(animal).” The phrase could mean either “it (the loss) is covered by its (the
animal’s) rental price”46 or “he (the renter) is responsible for its rent payment.”
The first option does not make much sense in the context. If the phrase with
this meaning were understood to qualify verse 13 in particular, it would mean
that a renter does not need to pay for the injured or dead animal when the owner
was not present. But the rental price would be significantly less than the value
of the animal and would hardly provide adequate compensation.47 If taken as
a qualification of verse 14a, the phrase with the first meaning would be redun-
dant or meaningless. That is, since verse 14a requires no payment whatsoever,
why even say that the loss is covered by the rental fee? Hence, again by way of
elimination, the second interpretation of the phrase makes better sense: the loss
of the animal does not negate the requirement to pay the full rental fee and does
not entitle the renter to a rebate if the fee has already been paid.
CC’s idiom may be related to other examples of “coming into” (-‫ )בוא ב‬a par-
ticular status or condition. The objects of the preposition in this idiom include
bloodguilt (‫ ;דמים‬1 Sam 25:26), an imprecation (‫ ;אלה‬Ezek 17:13; Neh 10:30), an
oath (‫ ;שבועה‬Neh 10:30), and a covenant (‫ ;ברית‬Jer 34:10; cf. Deut 29:11). These
phrases refer to acquiring liability for these respective statuses or conditions.
To be “liable” to a fee (‫ )שכר‬in our verse can be construed as being responsible
for paying it. The unusual suffixing verb form “he came” (‫ )בא‬in the apodosis
of the law may have been chosen because the rental fee is conceived to have
already been paid or that, by the prior rental agreement, the renter has made
himself or herself liable for the full rate.48
The short oblique rule on rental in verse 14b augments the rules for bor-
rowing in verses 13–14a. It means that everything prescribed in the borrow-
ing law applies in a case of rental: the renter has to replace the animal if is
it injured or dies when the owner is not present. It is perhaps in view of this
case that verse 14b has its particular force; despite the fact that the animal is
replaced, the renter still has to pay the rental fee. The greater liability in this
case and in the overall law of verses 13–14, in contrast to verses 9–10, where
the natural death or injury of the animal does not require replacement, has
to do with who the beneficiary of the animal’s custody is. In verses 9–10, the
animal’s owner is the beneficiary of the custody arrangement; hence the cus-
todian has no obligation to replace the animal. In contrast, in verses 12–14,
the borrower or renter makes use of the animal and therefore has an obliga-
tion of restitution. If a primary difference is to be sought between a case of
borrowing versus rental, it is likely that a borrower would be more careful in
using the animal, whereas a renter, paying a fee for the beast, might feel freer
to beat it to make it work.
Comparative Analysis of the Animal Rental Laws
Immediately after the laws about the accidental death or injury of animals (vv.
9–12 // LH 266–267), the two collections turn to the topic of animal rental:49
Exodus 22:13–14 LH 268–271

13 268
If a man borrows (an If a man rents an ox for threshing, its rent is two
animal) from his fellow suts (20 silas) of grain.
269
and it is injured or dies, If he rents a donkey for threshing, its rent is one
and its owner is not sut (10 silas) of grain.
270
with it, he shall repay. If he rents a goat for threshing, its rent is one qa
14
If its owner is with (1 sila) of grain.
271
it, he (the borrower) If a man rents cattle, a wagon, and its driver, he
does not repay. If it is shall pay three parsikat (180 silas) of grain per day.
rented, he (the renter)
is responsible for its
rent-payment.
‫וכי ישאל איש מעם רעהו‬13 268
šumma awīlum alpam ana diāšim īgur 2 sūt
‫ונשבר או מת בעליו אין עמו‬ šēʼum idūšu
‫אם בעליו עמו‬14 ‫שלם ישלם‬ 269
šumma imēram ana diāšim īgur 1 sūt šeʼum
‫לא ישלם אם שכיר הוא בא‬ idūšū
‫בשכרו‬ 270
šumma urīam ana diāšim īgur 1 qa šeʼum
idūšu
271
šumma awīlum liātim ereqqam u murteddīša
īgur ina ūmim ištēn 3 parsikat šeʼam inaddin
The specific content of LH 268–271 differs from verses 13–14. Hammurabi’s

laws give rates of hire for animals. These are followed by rates of hire for other
objects and persons (a wagon, LH 272; a laborer, 273; a craftsman, 274; boats,
275–277). CC deals with the topic of animal rental but treats this in terms of
the death or injury of the animal, the interest of the preceding verses. Despite
the difference in the orientation toward animal rental, CC does have significant
correlations with LH 268–271. The qualification in verse 14b is specifically
concerned about rent payment. The noun ‫“ שכר‬wage, price of hire, rent” is
equivalent to Akkadian idū (a plural noun) with the same meaning, which runs
through LH 268–270.50 The payment that CC has in mind is akin to those listed
in LH. Further, the verb behind the passive participle ‫“ שכיר‬hired, rented” has
the same range of meaning as the Akkadian verb agārum “hire, rent” used in
LH 268–271. The correlation of ‫ שכר‬with idū and ‫ שכיר‬with the verb agārum
indicate that the interpretation for these terms given in the previous section of
this chapter, argued independently of LH, is correct.
CC’s ignoring rates of hire in these laws is consistent with its ignoring
similar regulations elsewhere in LH. Laws giving rates of hire or pay appear
throughout the block of laws that CC primarily relies on for the sequential out-
line of its collection (e.g., LH 228, 241–243, 257–258, 261–262). CC does not
replicate any of these.
Instead of writing laws about rental fees, CC uses LH 268–271 as a door
through which it can introduce other animal rental laws from earlier in LH.
These correspond closely to the content of verses 13–14:51
244
If a man rents an ox or a donkey and a lion kills it in the open coun-
try, (the loss) is the owner’s.
245
If a man rents an ox and through negligence or by beating kills (it), he
shall restore ox like (the killed) ox to the ox owner.
246
If a man rents an ox and breaks its leg or cuts its neck (tendon), he
shall restore ox like (the injured) ox to the ox owner.
247
If a man rents an ox and blinds its eye, he shall pay one-half its price
to the ox owner.
248
If a man rents an ox and breaks its horn, severs its tail, injures its heel
tendon, he shall give silver one-fourth of its value.
249
If a man rents an ox and the god strikes it and it dies, the man who
rented the ox shall swear a divine oath and shall be released.
244
šumma awīlum alpam imēram īgurma ina ērim nēšum iddūkšu ana
bēlīšuma
245
šumma awīlum alpam īgurma ina mēgûtim ū lū ina maāim uštamīt
alpam kīma alpim ana bēl alpim irīab
246
šumma awīlum alpam īgurma šēpšu ištebir ū lū labiānšu ittakis
alpam kīma alpim ana bēl alpim irīab
247
šumma awīlum alpam īgurma īnšu utappid kaspam 1/2 šīmīšu ana
bēl alpim inaddin
248
šumma awīlum alpam īgurma qaranšu iš<te>bir zibbassu ittakis ū lū
šašallašu ittasak kaspam IGI.4(?).GÁL šīmīšu inaddin
šumma awīlum alpam īgurma ilum imassūma imtūt awīlum ša alpam

249
īguru nīš ilim izakkarma ūtaššar

These laws deal with the death and injury of animals that are rented or bor-
rowed. The cases in LH 244 and 249 refer to accidental death. The middle laws,
LH 245–248, treat death and injury resulting from negligence. CC’s borrowing
and rental laws are written so that they include both accidental and negligent
death and injury of the animal. That CC knew LH 244–249 is confirmed in
view of the fact that it knew the goring ox laws that immediately follow (LH
250–251), which it used in formulating its own goring ox laws in 21:28–32
(chapter 8).
A major difference in verses 13–14a over against LH 244–249 (and LH
268–271) is that they deal first with borrowing and add rental almost as an
afterthought in verse 14b. Recall, however, from the prior discussion of the
basic meaning of verses 13–14 that the rules governing borrowing also apply
to rental. Therefore, rental is not a miscellaneous concern. It is stated in few
words but is parallel legislatively to the case of borrowing. CC may have
included borrowing to broaden the scope of the law. It may have also included
this to emphasize the difference in liability over against a case of animal cus-
tody described in verses 9–12.
CC’s basic rule that the borrower or renter make restitution in verse 13 is
probably based on LH 245–246, which say that a renter must replace the animal
that he killed by negligence or by beating, or an ox whose leg he broke or neck
tendon he cut. The injuries to the leg and neck, if they did not kill the animal
immediately, would render it useless and require that it be killed. CC’s rule is
also consistent with LH 246–247, which require partial compensation if the
animal is not mortally injured. CC does not specifically state the object of the
verb ‫“ שלם‬repay” in verses 13–14. Hence it may not necessarily refer to in-kind
payment or replacement of a whole animal, but to monetary payment when the
injury is nonfatal and less than the full price of the animal.
Despite this consistency, verses 13–14 are stricter than LH 244 and 249 (also
LH 266), and even than CC’s own law on animal custody in verses 9–12, in not
absolving a borrower or renter of responsibility for compensation if an animal
is killed or injured by accident or natural causes. The main reason for this
is the labor factor. The intent of a borrower or renter is to use the animal for
work, such as plowing fields or hauling loads. To get it to perform as desired,
the user will necessarily goad or whip the animal.52 These stresses increase the
likelihood of injury or death. For CC, this put the onus of responsibility on the
borrower or renter. This precluded exoneration by oath. Indeed, an oath, which
would determine “whether or not he misappropriated (literally, put his hand on)
the property of his fellow” (‫)לא שלח ידו במלאכת רעהו‬, as found in verses 7 and
10, would almost be a contradiction in view of the labor situation. CC therefore
used, and perhaps even invented, a more empirical criterion that allowed for
exoneration in certain cases but that did not privilege the borrower/renter as
does an oath. It ruled that if the owner is present, the borrower/renter need not
pay compensation. The owner would act as a deterrent to the misuse of his ani-
mal and also as a witness. This requirement has a connection with the animal
custody law. Verse 9, when describing the accidental or natural death or injury
of an animal, adds that “there is no one who sees” (‫)אין ראה‬. Verse 13 uses simi-
lar language of absence when it says “its owner is not with it” (‫)בעליו אין עמו‬.
Using the criterion of the owner’s presence allowed CC to write a binary legal
formulation, one where the owner is absent (v. 13) and another where he is pres-
ent (v. 14a) in the style of casuistic formulation elsewhere in CC and in Near
Eastern law at large. Movement away from an oath as a solution is found also in
verse 12 over against the source law of LH 266. According to that verse, as we
have seen, if part of the animal carcass remains after predation, it is brought as
evidence to the owner; no oath is prescribed. LH 266 appears to allow an oath
in a case where part of the carcass remains.
Other relationships to verses 9–12 may be observed. The initial wording
of the protasis in verse 13 is similar to and derives from the protases in LH
244–249, as well as in LH 268–271: “If a man borrows (an animal) from his
fellow” (‫“ ;)וכי ישאל איש מעם רעהו‬If a man rents an ox . . . ” (šumma awīlum
alpam . . . īgur). But the phrase “from his fellow” in the Hebrew text does not
have a correspondent in these Akkadian laws. This is drawn from “to his fel-
low” (‫ )אל רעהו‬in verses 6 and 9, whose wording derives from laws such as LH
122 and 124, which have “to a[nother] man” (ana awīlim).53
CC also lacks mention of the object borrowed in verse 13. That it is an ani-
mal is clear from the rest of the protasis, where what is borrowed is broken or
dies. The object has to be supplied from verse 9. Conceived of this way, verse
13 is like a resumptive repetition to verses 9–10. It builds on the conceptualiza-
tion of verse 9 to prescribe an alternate case. Viewed thus, the addition of “from
his fellow” in verse 13 makes perfect sense as a contrast to “to his fellow” in
verse 9. Thus, unlike LH, CC ties its laws on animal borrowing and rental to
the context of deposit. Moreover, the phrase “from his fellow” in verse 13 acts
like ballast for the lack of the mention of animals. Note that in Hammurabi’s
various rental laws (cf. LH 242–249, 268–272), animals or other items appear
as objects, but there is no equivalent of the phrase “from his fellow,” such as
itti awilim “from a man.”54 CC’s introduction of the “fellow” (‫ )רע‬in verse 13 is
partially responsible for the confusion a reader might have about the identity of
the “owner” (‫ )בעל‬in verses 13–14 (see Jackson’s interpretation, earlier).55
The relationship of verses 13–14 to verses 9–12 is also seen in what the ani-
mal may suffer. It may “be broken or die” (‫ ;ונשבר או מת‬v. 13). This is similar
to “and it dies, is broken, or is snatched away” (‫ )ומת או נשבר או נשבה‬in verse
9. Hammurabi’s laws have influenced these conditions in the two verses, as
explained earlier in this chapter. LH 266, to which verse 9 corresponds in the
topical sequence of LH, speaks of a divine plague or a kill by a lion. This is
the primary source for the conditions of dying or being snatched away in verse
9. But Hammurabi’s rental laws have influenced verse 9 in their description of
breakage (šebērum) in LH 246 and 248. “Being broken” in verse 13 as well as
verse 9 is to be seen as a synecdoche for a larger range of injuries as detailed

in LH 246–248, like cutting a tendon, blinding an eye, or cutting off a tail. Just
as neither verse 9 nor verse 13 spells out how the animal dies, so neither spells
out in detail how it may be injured. The text is striving for economy and legal
generalization.56
We may say something about the supposed redactional development of
the borrowing/rental law. Verse 14b looks secondary because it changes the
topic, is briefly formulated, uses an unusual verb tense, and otherwise seems
an appendage.57 The prior analysis, however, has demonstrated that if anything
in verses 13–14 is original, it is verse 14b because its topic—rental— correlates
precisely with LH 268–271 and 244–249. Its secondary character does not
come from a later hand but from the original writer(s) of CC, who added a rule
with the topic of his source after setting down a law on borrowing, a topic not
precisely based on his source. Therefore, what is actually secondary, at least
from a conceptual point of view, is the borrowing law in verses 13–14a. This
shows how the compositional process created artifacts that can mislead redac-
tional analysis that looks only at CC’s text by itself.
Another element whose originality has been questioned is the criterion of
the presence or absence of the animal’s owner and how it affects the case in
verses 13bα and 14a.58 There is nothing in the correlations with LH that require
this to be seen as original. Nevertheless, setting down a criterion that differen-
tiates between a stricter and lesser penalty seems consistent with the legislative
tendency of CC, and it seems to be precisely created to replace the option of
an oath. To ascribe this to a secondary level lacks a clear rationale, especially
given the originality of complex and stylistically variable features in the casu-
istic legislation of CC generally.59
Finally, we can comment on the relationship of verses 13–14 in the larger
context of CC and LH. The laws on animal borrowing and rental in CC are
the last of the composition’s casuistic laws that correspond with LH and spe-
cifically with laws in the topical sequence that has provided the spine for the
organization of CC’s casuistic laws. The animal rental laws appear near the end
of Hammurabi’s law collection and are virtually the last that CC could use. The
next few laws in LH 272–277 continue rates of hire, for objects and persons.
The topic of these laws is perhaps too specific for CC. Therefore, it leaves these
laws out of consideration. The final laws in LH 278–282 deal with purchasing
slaves. CC does not use these laws at this point in its collection because it has
already used them for the debt-slave legislation at the beginning of Exodus 21.
LH 282 lies behind 21:5–6, and motifs of LH 280–281 influenced aspects of
21:2–11 (see chapter 5). CC’s remaining laws in its casuistic section are a mis-
cellaneous appendix. They rely on sources other than LH. The seduction law
in 22:15–16 used a law like MAL A 55–56 (see chapter 5), and the three final
participial laws, 22:17–19, derive from or were influenced by a native participial
source (see chapter 7). Thus the topical development of CC’s casuistic laws
stops basically where Hammurabi’s casuistic laws stop.
Conclusions
CC in large part follows LH 266–271 for verses 9–13. In the first law on animal
death and injury in verses 9–10, though CC used the wording of verse 6 to
initiate the description of the case, it replicated the three main elements of LH
266: a description of animal loss, a declaration of innocence, and a statement
of the owner’s acceptance. CC agreed to the judgment and penalty of its source
law: if an animal dies, is injured, or is taken away by the threatening attack
of a predator, and perhaps an attack of similar surprise and force by a human,
the shepherd is not liable. CC fleshed out its legislation about accidental death
or injury with two related laws in verses 11–12. Verse 11 was written to deal
with a case of simple theft over against a case of an animal’s being snatched
away in verse 9. It ruled that in a case of simple theft, the animal custodian
must repay. CC either assumed that negligence was operative in this case, or
it saw the violent attack by a predator in verse 9 (and LH 266), which does not
require repayment, as the baseline law, which then led CC to set down greater
liability for a case of simple theft by a human agent. Some of the motifs in verse
11 appear to have been stimulated by LH 267, which deals with animal loss
through negligence and requires repayment to the owner. Verse 12 was added
as part of the basic composition of CC to complement verse 9. As opposed to
the earlier verse, verse 12 ruled that if part of the animal carcass remains from
a predatory attack, it is to be brought as evidence to the animal’s owner, implic-
itly in the place of an exculpatory oath. This nuance may have been drawn from
native legal tradition.
The laws about animal borrowing and rental in verses 13–14 developed topi-
cally from the laws on animal rental in LH 268–271. CC’s laws reflect some
of the language used in these Akkadian laws. But the Akkadian laws only
prescribed rates of hire and not malfeasance with respect to these animals. CC
used them as an avenue to bring in laws about the death and injury of rented
animals from LH 244–249. CC broadened its laws to include animal borrowing
in addition to rental. The change in the holder’s relation to the animal led CC
to change the liability in the law. Against its source laws in LH 244 and 249
and in contrast to verses 9–10, CC required repayment of an animal that died
naturally or was injured. It made an exception if the owner was present. Even
though CC focused on borrowing as the primarily functional case in verses
13–14a, it included rental in verse 14b, which, despite its supplementary char-
acter, operates on the same level as borrowing in the main law. CC added to the
requirements in a case of borrowing that the renter of an animal is obligated to
pay the rent for the animal, even though the animal dies.
Compared with LH, CC’s laws appear concerned to explore cases that are
similar but could lead to different judgments in liability. In verse 11, it adds
a law about animal theft to a more basic law about loss by natural causes in
verses 9–10, based on LH 266. In verse 12, it adds a case where part of a car-
cass remains, as opposed to its complete loss in verses 9–10. In the rental laws
of verses 13–14a, it adds the case of borrowing to the case of rental in verse
14b, based on LH 228–271. Moreover, the laws of verses 9–14 appear to be con-
cerned to provide nuance to the issue of what is required for evidence. Instead
of allowing exculpatory oaths as in LH 249 and 266, CC brings in forms of
empirical evidence of innocence, including animal remains in verse 12 and
the owner’s presence in verses 13–14. Hence, we see CC here expanding the
legislative scope of its source rather than simply summarizing it or extracting
its essence. Thus, in all of the property laws of 21:33–22:14, CC is concerned
about different levels of liability and the evidence that may be used to estab-
lish liability. This complements CC’s concern about modalities of intention and
liability in the homicide and assault laws of 21:12–32, including the burglary
law of 22:1–2a. These features turn out to be the conceptual glue that holds
together the majority of CC’s casuistic laws.60
11
The Themes and Ideology of the
Apodictic Laws (Exodus 20:23–26;
21:1; 22:20–23:19)
As chapter 3 demonstrated, the overall structure of CC imitates the A-B-A

configuration of LH. The pattern of the initial apodictic laws (20:23–26, plus
the transitional introduction of 21:1), followed by the central casuistic laws
(21:2–22:19), and then by the final apodictic laws (22:20–23:19) correlates with
Hammurabi’s structure of prologue, laws, and epilogue. At the same time, even
though CC’s initial apodictic laws reflect the cultic theme of the prologue, the
specific topical outline of CC’s apodictic laws mainly comes from the exhorta-
tory block of the epilogue, the section of the epilogue that contains commands
and prohibitions amid a larger context of royal praise. CC in fact replicated the
sequence of themes of the exhortatory block thrice, once in the initial apodictic
laws and twice in the two parallel strings of the final apodictic laws (string I
22:20–30 // string II 23:9–19). These two strings were placed around a chiastic
core (23:1–8), which itself continues the thematic sequence of string I based on
the exhortatory block. CC also imitated the injunctive mood prevalent in the
exhortatory block, writing apodictic law instead of praise or casuistic law.
As CC revised its source, it created a text with a distinctive ideology. The
collectivity of motifs in CC’s apodictic laws is familiar against Hammurabi’s
text and the ethos of lawgiving described in it: law has a divine source; the
poor, the cult, and justice are objects of the lawgiver’s concern; the lawgiver
is worthy of acclaim; and the worlds of law and cult converge. But CC altered
the identity of the lawgiver, adjusted the scope of those included in subjected
classes, and incorporated Israelite and Judean national memory to counter the
286
The Themes and Ideology of the Apodictic Laws 287
landscape of power in LH. This leads to the conclusion that CC’s goal was more
than just writing law: it was a response to the experience of Assyrian imperi-
alism in the late eighth or early seventh centuries BCE. Standing on the shoul-
ders of its overlords’ most culturally prestigious legal text and of the sovereign
responsible for its promulgation, CC sought to build a text of analogous esteem,
which, if it could not deliver its audience from oppression, at least could operate
in implicit protest against it. One senses that CC worked against its source, not
so much to answer it polemically point by point as to present a broad alternative
religious and political worldview.
This chapter mainly describes the ideological transformations that CC made
in its apodictic laws. It thus gives an account of the whole of the apodictic laws,
even though it does not treat them consecutively or individually, as the preced-
ing chapters treated the casuistic laws. We first review the major conceptual
alterations involving the replacement of Hammurabi and Mesopotamian gods
with Yahweh and then look at the main themes of CC that were stimulated by
the exhortatory block. This allows us to answer specific questions about CC’s
structural imitation and elaboration of Hammurabi’s text. It also allows us to
look for or speculate about other sources that influenced some of the passages
in the apodictic laws. The next chapter continues the discussion of this chapter
to engage the questions about the redactional development versus unity of the
apodictic laws and the relationship of CC to its narrative context in the book
of Exodus.
Replacement of Hammurabi and Foreign

Gods with Yahweh
The primary and most obvious permutation that CC wrought upon the material
from the exhortatory block and the epilogue and prologue generally was the
replacement of Hammurabi and Mesopotamian gods with Yahweh.1 Once this
creative innovation is recognized, the similarities between CC’s apodictic laws
and their source come into focus. At first thought, it seems to be a rather minor
matter to substitute one identity for another. But in our text, this has major ideo-
logical consequences because it redefined the source of the laws and required
the description of a cultic context with a different symbol for the lawgiver and
a different way in which his name is to be commemorated.
Yahweh as Author of the Laws

Although CC’s apodictic laws are mainly a reflection of the exhortatory block,
CC was familiar with the whole of the prologue and epilogue, to tell from the
influence of the prologue on the initial apodictic laws in regard to the topic
of cult and CC’s extensive knowledge of the casuistic laws of LH otherwise.
Therefore, CC’s portrayal of Yahweh as lawgiver can be considered a response
to the whole picture painted in the prologue and epilogue. These bookends to
LH depict Hammurabi as one called and charged by the gods with the task of
promoting the welfare of the people, mainly through pursuing justice and for-
mulating law. The beginning of the prologue describes the king’s relationship
to the gods. Anu and Enlil gave power to Marduk and named Babylon as the
supreme city, and these chief deities chose Hammurabi. The text, composed in
Hammurabi’s voice, says:
At that time, to bring well-being to the people, the gods Anu and Enlil
named me by my name, Hammurabi, the pious prince, the one who wor-
ships the gods, in order to make justice appear in the land, to eradicate
the wicked and evil, so that the strong not wrong the weak, to rise like
Shamash (the sun) over humanity, to enlighten the land. (col. 1:27–49)
After a long list of beneficial acts, including cultic acts that the king performed
for various cities (cols. 1:50–5:13), the transitional introduction to the casuistic
laws further defines Hammurabi’s and the gods’ role in the creation of law:
When Marduk commanded me to provide justice for the people of the
land, to instill proper behavior, I placed truth and justice in the mouth of
the land. I increased the people’s well-being. At that time: [the laws fol-
low]. (col. 5:14–25)
According to this, Marduk, who had been placed in supreme position over
Babylon by Anu and Enlil according to the first part of the prologue, com-
manded Hammurabi to provide justice. Marduk does not reveal the law; he
only commands the promulgation of justice. It is Hammurabi who translates
this ideal into reality by formulating law. This idea is repeated at the beginning
of the epilogue, which resumptively repeats the transitional introduction at the
end of the prologue:
(These are) the just laws that Hammurabi, the capable king, established
and has directed the land to follow sound custom and good conduct. (col.
47:1–8)
The fifty lines that lie between this introduction to the epilogue and the exhor-
tatory block reflect on Hammurabi’s beneficial acts for the people:
I am Hammurabi, the venerable king. With regard to humanity that
Enlil has entrusted to me, the shepherding of whom Marduk gave me,
I have not been negligent nor have I been inattentive. I have sought out
for them peaceful abodes. I have opened up difficult straits. I made light
rise over them. By the mighty weapon that Zababa and Ishtar generously
bestowed upon me, by the wisdom that Ea granted me, and by the talent
that Marduk gave me, I have uprooted enemies above and below. I have
made wars cease. I brought well-being to the land. I made the people of
the settlements lie down in meadows. I did not allow anyone to trouble
them. The great gods called me. I am the peace-making shepherd whose
staff is just. My kind shade is spread over my city. I have held the people
of the Sumerian and Akkadian land in my lap. They have thrived under
my protective deity. I have maintained them in peace. I have protected
them by my wisdom. (col. 47:9–58)
This reiterates the fact of Hammurabi’s call and commission by the gods. It
describes the advantage that he provided the people, mainly in terms of military
or security activities. This extends the description of the nonjudicial and mainly
cultic benefits that Hammurabi accomplished, described in the prologue.
The exhortatory block that follows deals specifically with the promulgation
of law. It begins with Hammurabi saying:
So that the strong not wrong the weak and to secure justice for the des-
titute girl and widow, in Babylon, . . . for the purpose of setting down the
law of the land, to render the verdicts of the land, and to secure justice for
the wronged, I have written my treasured words on my stela and set (it)
up before the image of me, the king of justice. (col. 47:59–78)
According to this, Hammurabi is expressly the author of the law. The exhorta-
tory block continues by referring to the command of the gods that lies behind
the promulgation of law:
By the command of Shamash the great judge of heaven and earth may my
justice appear. By the command of Marduk my lord may my ordinances
not have anyone who would remove them. (col. 47:84–92)
The prayer that the wronged man offers in the Esagil temple, mentioned further
on in the exhortatory block, entails all the major motifs seen here: divine call,
securing the land, and providing benefit to the land, including lawgiving. The
visitor says:
Hammurabi, the lord, who is like a begetting father to the people, submit-
ted himself to the command of Marduk his lord. He achieved the triumph
of Marduk above and below. He gladdened the heart of Marduk his lord.
He obtained well-being for the people forever, and he provided justice for
the land. (col. 48:20–38)
The admonition to a future king, which follows shortly after this praise, reflects
Hammurabi’s own relationship to law:
In the future at any time, may any king who appears in the land keep the
just commands that I have written on my stela. May he not alter the law
of the land that I have set down or the verdicts of the land that I have ren-
dered. May he not remove my ordinances. If that man has understanding
and is able to provide justice for his land, let him give heed to the words
that I have written on my stela. May this stela reveal to him the way,
behavior, the law of the land that I have set down and the verdicts of the
land that I have rendered. May he secure justice for humankind. May he
set down their law. May he render their verdicts. May he root up the evil
and wicked from his land. May he promote the well-being of his people.
(col. 48:59–94)
Here again, Hammurabi renders the decisions and writes them as laws on the
stela. The prescriptions are his.
Finally, the passages describing the blessing of an obedient future king and
the curses to fall on a disobedient future king credit Shamash as a source of
legal inspiration and emphasize Hammurabi’s legal authorship:
I am Hammurabi, king of justice, on whom Shamash has bestowed truth.
My words are choice; my deeds are without equal. They are vanity to
the fool, but to the wise they are objects of praise. If that man (the future
king) gives heed to my words which I have written on my stela, and does
not remove my law, overthrow my words, or alter my ordinances, may
Shamash lengthen the scepter of that man as he did for me, the king of
justice. May he shepherd his people in justice.
If that man does not give heed to the words that I have written on my
stela. . . . (If) he erases the law I set down, overthrows my words, or alters
my ordinances . . . , may great Anu . . . smash his scepter. . . . (col. 48:95–
49:17; other curses from other gods follow)
In contrast to this model of indirect divine influence in the promulgation of law
described in the prologue and epilogue, CC presents Yahweh as both the source
and author of the laws in the collection. He is not in the background giving a
charge that is left to human initiative to fulfill. Yahweh’s authorship of law is
primarily evident in his being portrayed as the first-person speaker of the apo-
dictic laws. Previous scholarship has focused on this stylistic feature as a mark
of the distinctive perspective and authorship of the apodictic laws. It has led to
identifying this type of law as expressing the Privilegrecht (Privileganspruch)
Jahwes and arising from a redactor with an interest in formulating Gottesrecht,
law that makes clear theological claims, distinct in origin and intent from the
casuistic laws.2 Despite the difference in conception in the apodictic laws, the
motif of divine first-person speech derives from the prologue and epilogue,
where Hammurabi is the first-person speaker, visible in the several passages
about Hammurabi’s authorship of his laws from the prologue and epilogue,
cited previously.3
In some cases, CC retains terminology with first-person wording very close
to that found in LH and recontextualizes it to make Yahweh the pronominal ref-
erent. The term “my name” appears in both texts in the passages about memo-
rializing the sovereign: “in the Esagil (temple) that I love may my name (šumī)
be recalled eternally for good” (col. 48:1–2); “in every place where I cause my
name (‫ )שמי‬to be recalled I will come and bless you” (20:24). Hebrew ‫ שמי‬repli-
cates Akkadian šumī literally, but it has a new referent.
In a similar way, just before the passage about name memorialization in

the exhortatory block, Hammurabi speaks of “my statue”: “I have written my
precious words on my stela and set it up before the statue of me (almīya), the
king of justice” (col. 47:75–78). As chapter 3 has shown, this corresponds with
20:23–24, according to which CC rejects the fabrication of idols in favor of an
altar (see also further later).4 But even with the substitution in cultic installa-
tion, CC still uses the first-person pronoun, calling it “my altar”: “do not ascend
by stairs on my altar (‫ ”)מזבחי‬in 20:26 and “you shall take him from my altar
(‫ )מזבחי‬to be put to death” (21:14, based on 20:23–26). The various prepositional
phrases with first-person pronouns that appear in CC’s laws about the construc-
tion of images and the altar conceptually augment the construction of the first-
person pronoun attached to the ‫“ מזבח‬altar”: “do not make with me (‫ )אתי‬gods
of silver” (20:23); “an altar of earth you shall make for me (‫( ”)לי‬20:24); “if you
make an altar of stone for me (‫( ”)לי‬20:25).
CC’s pilgrimage laws (23:14–19) also reflect this change of first-person refer-
ent. These laws were stimulated by the passage about a wronged man going to
the Esagil temple for judicial clarification (to be discussed in more detail later).
This man comes “before my (Hammurabi’s) statue (almīya)” (col. 48:6–8).
CC uses similar first-person language when it says that festival celebrants
“shall not appear before me (emended: see my presence) empty-handed” (‫ולא‬
‫ ;יראו פני ריקם‬23:15). CC’s festival passage also uses a preposition with first-per-
son pronoun to refer to the supreme beneficiary of festival celebration, similar
to the prepositional phrases in the statue and the altar laws: “Three occasions
you shall celebrate as pilgrimage festivals for me (‫( ”)לי‬23:14). Sacrifices made
on these occasions are also called “my festal offering (‫( ”)חגי‬23:18b) and “my
sacrifice (‫( ”)זבחי‬23:18a).
A number of other first-person references to Yahweh are scattered across
the apodictic laws: “when he cries to me (‫ )אלי‬I will hear (‫ )שמע אשמע‬his cry”
(22:22); “I will become angry (‫ )וחרה אפי‬and I will slay (‫ )והרגתי‬you with the
sword” (22:23); “if you lend money to my people (‫( ”)עמי‬22:24); “if he cries to
me, I will hear (‫ )ושמעתי‬because I am compassionate (‫( ”)חנון אני‬22:26); “the first
born of your children you shall give me (‫( ”)לי‬22:28); “on the eighth day, you
shall give it (the first born animal) to me (‫( ”)לי‬22:29); “you shall be holy people
to me (‫( ”)לי‬22:30); “for I will not exonerate (‫ )לא אצדיק‬the guilty” (23:7); “be
observant with regard to all that I have said (‫ )אמרתי‬to you” (23:13a); “as I have
commanded you (‫( ”)צויתך‬23:15). The first person is also found in the homicide
law of 21:13, which is dependent on 20:24–26: “I will appoint (‫ )ושמתי‬a place
for you where he (the murderer) may flee” (21:13). These all echo and transform
broadly the ubiquitous first person of Hammurabi’s speech in the prologue and
epilogue, forms that emphasize his agency in creating the laws (again, see the
passages cited at the beginning of this section). Yahweh as first-person speaker
and focus takes over the king’s role.
Another primary marker of divine authorship for the casuistic laws is in the
transitional introduction in 21:1 that bridges the apodictic laws in 20:23–26 and
the casuistic laws that follow: “These are the laws that you shall place before
them” (‫)ואלה המשפטים אשר תשים לפניהם‬. Yahweh is the speaker and Moses is
the addressee, according to the immediate and larger narrative context. This
sets the whole of the casuistic laws up as the words of deity. This introduction
was influenced by the transitional introductions at the end of the prologue and
beginning of the epilogue, and its position was determined by that of the intro-
duction at the end of the prologue (see chapter 3).5 The transitional introduction
at the end of the prologue and that at the beginning of the epilogue have the
function of portraying Hammurabi as author of the 282 laws that lie between
them, even though those laws make no mention of Hammurabi or his author-
ship. CC follows its model precisely. Its outer sections and transitional intro-
duction in 21:1 tell us who the laws’ author is, while its central casuistic laws
are effectively silent on the matter. The only exception in CC is the appearance
of the first-person speech in the homicide law of 21:13–14, which comes from
the influence of the initial apodictic laws of 20:24–26. This deviation is due
to CC’s intent to provide detail about the place where the determination of
the murderer’s intention takes place, described only limitedly in the casuistic
source law (LH 207; see chapter 6). As CC drew on the altar law for this detail,
it brought in the first-person expression.
The change to Yahweh as the speaker of law may be partly due to prophetic
phenomenology and ideology.6 According to this, the deity speaks through pro-
phetic mediators who presumably report only the divine word. They do not
compose words for the deity. This perspective is found, for example, in the
portions of Hosea and Amos that predate CC. Moreover, given the relatively
late date of CC, the notion of Moses’ mediation of Yahweh’s word as a prophet
probably already existed in national religious tradition. CC used this for recon-
textualizing traditional Near Eastern law. A major innovation of CC was to put
a long law composition in the mouth of Yahweh, whereas before, the deity was
portrayed as announcing short ad hoc oracles. It cannot be underestimated how
important the use of LH was for the development of the concepts of revelation
and even Torah in subsequent biblical text and thought, and the religious tradi-
tions that grow from these sources. Without LH, the theologies of the Bible,
Judaism, Christianity, and beyond would be quite different, if they could exist
at all.
Another reason for the replacement of Hammurabi with Yahweh has to
do with political ideology and realities. The kings of Israel and Judah during
the Neo-Assyrian period were beholden to the greater Mesopotamian power.
They could not, without dire consequences, promulgate decrees and institute
reforms that might undercut imperial interests. Therefore, CC’s author could
not realistically present a king as an author of a law collection. Only the fic-
tion of pseudonymous attribution to deity and to his revelation to Moses in the
foundational past, which could not be disproved, could trump Assyrian and
Mesopotamian authority.7 Yahweh, the “king” of the whole earth, thus became
the author of law.8
CC’s replacement of Hammurabi with Yahweh parallels Deuteronomy’s

replacement of the Neo-Assyrian monarch of vassal treaties with Yahweh.9
This may be seen in a comparison of Deuteronomy 13 with VTE §§10 and 12:
2
If in your midst a prophet or dream-dreamer arises . . . 3 . . . saying “Let
us follow after other gods . . . ” 4Do not listen to words of that prophet
or dream-dreamer. . . . 5You shall follow after Yahweh your God, show
him reverence, and observe his commands. . . . 6That prophet or dream-
dreamer shall be put to death because he spoke rebellion against Yahweh
your God. . . . 7If your brother, son of your mother, or your son or daughter,
or the wife of your lap, or your fellow of equal status incites you secretly
saying, “Let us go and worship other gods . . . ,” 9you shall not agree with
him or listen to him. . . . 10You shall slay him. . . . 13If you hear in one of your
towns . . . 14that people of no account have gone forth . . . , saying “Let us
go and worship other gods . . . ,” 15you shall investigate. . . . 16and you shall
smite the inhabitants of that town with the sword and totally destroy it. . . .
§10 If you hear any evil, improper, ugly word which is not seemly nor
good to Assurbanipal . . . from the mouth of your brothers, your sons, your
daughters, or from the mouth of a prophet, ecstatic, an inquirer of ora-
cles . . . , you shall not conceal it but come and report it to Assurbanipal.
§12 If anyone should speak to you of rebellion and insurrection (with the
purpose) of ki[lling], assassinating, and eliminating Assurbanipal . . . or
if you should hear it from the mouth of anyone, you shall seize the per-
petrators of insurrection, and bring them before Assurbanipal. . . . If you
are able to seize them and put them to death, then you shall destroy their
name and their seed from the land. . . . 10
The correspondences here, along with other correspondences, indicate that

Deuteronomy has used Assyrian treaty (or treaties) in its formulation. It has cre-
ated obligations of loyalty to the biblical deity by converting the Assyrian king
into Yahweh.11 That Deuteronomy has transformed a Mesopotamian text in
this way makes it entirely reasonable that CC has done the same sort of thing to
LH, especially if CC as an essential whole belongs to the Neo-Assyrian period,
the view of most scholars for reasons other than those posed in this study (see
chapter 4). CC and Deuteronomy, having perhaps no more than two generations
between them, are part of a common religio-political hermeneutical tradition.
This is some of the evidence that suggests that CC be seen as not merely pre-
Deuteronomic chronologically, but proto-Deuteronomic in conception.
Replacing Hammurabi’s Statue with

Yahweh’s Altar
A transformation parallel to the replacement of Hammurabi with Yahweh is
the replacement of the king’s statue with Yahweh’s altar, briefly noted already
in discussing the first-person terminology used with the two structures (for
textual comparison, see chapter 3).12 This transformation appears overtly in
the initial apodictic laws. The first two verses of this group of laws (20:23–
24) entail a contrast, which is a reaction to the description of Hammurabi’s
setting up his stela by his statue at the beginning of the exhortatory block.
The king says: “I have written my treasured words on my stela and set (it) up
before the image of me, the king of justice” (col. 47:74–78). Exodus 20:23 first
prohibits making divine images; verse 24 then commands making an earthen
altar: “23Do not make with me gods of silver, and gods of gold do not make for
yourselves—24an altar of earth you shall make for me. . . . ”13 Even though verse
24 does not have a conjunction that indicates an alternative, a contrast is still
manifest in the shift between the two laws from prohibition to positive com-
mand: “don’t do that—do this.” It is evident also in the use of prepositional-
pronominal phrases and pronouns attached to nouns that indicate interest and
association: “do not make with me (‫ )אתי‬gods of silver, gods of gold do not make
for yourselves (‫ )לכם‬. . . make for me (‫ )לי‬an earthen altar; sacrifice on it your
burnt offerings and your well-being offerings, your flock animals and your
cattle (‫)את עלתיך ואת שלמיך את צאנך ואת בקרך‬. . . . I will come to you and bless you
(‫)אליך וברכתיך‬. . . . If you make a stone altar for me (‫ )לי‬. . . , do not ascend my altar
(‫ )מזבחי‬on stairs . . . ” (20:23–26).
The replacement of the statue with the altar also operates latently in the fes-
tival laws at the end of the final apodictic laws (23:14–19). The wronged-man
passage, which influenced this passage (see chapter 3), identifies Hammurabi’s
statue as the object of judicial pilgrimage: “May a wronged man who has a
case come before the statue of me (ana maar almīya), the king of justice”
(col. 48:3–8). CC twice similarly describes people appearing before (or see-
ing) Yahweh: “they shall not appear before me [emended: see my face] empty
handed” (23:15); “three times a year each of your males shall appear before
[emended: see the face of] the Lord, Yahweh” (23:17). Though the altar is not
mentioned in these or the other festival verses specifically, festival attendance
would take place in the sanctuary court area, whose ceremonial focus would
be the altar. The requirement not to appear before Yahweh empty-handed at
the Feast of Unleavened Bread (23:15) is a requirement to bring sacrifices and
offerings; animal sacrifices would be offered at the altar. The other cultic rules
in 23:18–19, as well as in 22:28–29 (the verses parallel to the festival laws in the
dual string structure of the final apodictic laws), indicate that a main activity
associated with pilgrimage to the sanctuary would be sacrifice (see further in
this chapter on the theme of cult).
Yahweh’s altar, though distinct in form and specific purpose from
Hammurabi’s statue, would nonetheless be similar in certain respects. Both
structures would be of limited size but prominent. To tell from similar finds,
Hammurabi’s statue may have been life-size or somewhat larger, and made of
diorite, the gray-black stone related to granite, of which the law stela was made.
CC’s altar would be not much more than a moderate pile of dirt or stone, whose
volume, Zevit estimates, “could easily be carried nowadays in the bed of a

small pick-up truck, though the weight might break the springs.”14 Both struc-
tures would also provide a focal point in the larger cultic context. Moreover,
both would represent or entail the presence of a sovereign and be commemora-
tive, evoking his memory or bringing him to mind.15 One of the explicit con-
nections between the statue and altar is that they are both objects of pilgrimage
and, as discussed in the next section, places or mechanisms for the memorial-
ization of the sovereign’s name.
Memorialization of the Sovereign’s Name

Variations on the motif of name memorialization appear three times in CC’s
apodictic laws (20:24; 22:27; 23:13). Each instance addresses a different aspect
of the larger idea. The first in 20:24 is the closest to the wording and concep-
tion of the exhortatory block: “In every place where I cause my name to be
recalled . . . ” (‫ )בכל המקום אשר אזכיר את שמי‬vis-à-vis “In the Esagil (temple) which
I love may my name be remembered kindly forever” (ina Esagil ša arammu
šumī ina damiqtim ana dār lizzakir; col. 47:93–48:2).16 LH indicates at least
two ways in which Hammurabi’s name is memorialized according to the con-
text that follows: the placement of his statue alongside the law stela and the
prayers that those inquiring after their legal affairs might offer in praise of the
monarch at the Esagil temple. Similarly, CC implicitly envisions memorializa-
tion of the divine name at the cult site in connection with the altar and through
the sacrificial observances of the people (20:24). Thus both texts tie memorial-
ization to a cult object and activity in the cultic sphere.
But CC’s formulation makes an important distinction in the agency associ-
ated with memorialization. It uses a causative verb with Yahweh as the subject
instead of Hammurabi’s passive (N stem) verb.17 The exact force of CC’s verb
is not clear, partly because of the unique first-person formulation with deity
as subject. It may refer to the god’s announcement of his own name in rev-
elation, following the few passages in which humans proclaim or mention a
name (including 23:13b),18 or it may refer, further, to the deity’s causing his
adherents to articulate, hence profess or memorialize his name (see later). In
any case, the deity in 20:24 is explicitly the agent of name announcement or
memorialization. We will see shortly that the deity’s agency in memorializa-
tion is connected with his theophany at the cult site and that this provides a
rationale for cultic service. The theophany defines the site where it occurs as a
place to which offerings may be brought to honor the deity. These offerings in
turn attract the divine presence and maintain it. Ideally, the mutually affective
process of divine manifestation and reverence continues indefinitely.
In addition to the erection of a monumental altar and sacrifices there, name
memorialization also entails the pronouncement or use of the divine name in
ceremony. This is evident from the appearance of the name memorialization
motif in the second string of the final apodictic laws (23:13b): “The name of
other gods you shall not mention. It shall not be heard on your lips.”19 This
prohibition appears directly before the festival laws (23:14–19). This proxim-
ity may mean that verse 13b refers specifically to the pronouncement of the
name of foreign gods in cultic practice. This contextualization may have
been motivated by the cultic invocation of Hammurabi’s name found in the
wronged-man passage that comes immediately after the exhortation to memo-
rialize Hammurabi’s name. In this the visitor speaks Hammurabi’s name in the
temple precincts: “Hammurabi, the lord, who is like a father and begetter to the
people, submitted himself to the command of Marduk his lord. He achieved the
triumph of Marduk above and below. He made the heart of Marduk glad. He
established well-being for the people forever and secured justice for the land”
(col. 48:20–38). This passage, as already noted, must be considered an example
of what is meant by the charge to memorialize the king’s name.
The prohibition in 23:13b is essentially the inverse of that in 20:24, and they
can be read together: while the names of other gods are not to be pronounced,
Yahweh’s name is to be acclaimed, as dictated by cultic custom.20 It may not be
coincidental that just before the call for memorializing Hammurabi’s name, LH
reads “my (i.e., Hammurabi’s) competence has no rival/equal” (lē’ûti šaninam
ul īšu; col. 47:82–83). When applied to Yahweh, this becomes a monotheistic
or henotheistic pronouncement and corresponds with the notion involved in
speaking of “other” (‫ )אחרים‬deities in 23:13.
The prohibition in 23:13b also conceptually complements the prohibition of
divine images in 20:23, which appears next to the verse on name memorializa-
tion. We should avoid, however, taking the correlation of 20:23 and 23:13b as
an indication of the original limits of CC. The festival laws that follow 23:13
also belong to the original composition of CC (see chapter 12). If 23:13b refers
to cultic practice, it is conceptually part of what follows. The true inclusionary
correlation is between 20:23–26 and 23:13b–19, as whole units. (Later in this
chapter we will see that 23:13a, a general command to obedience, is also part
of CC’s concluding unit.)
It is not clear to what extent the language describing name memorializa-
tion in 20:24 and 23:13b parrots Israelite or Judean idiom, in addition to the
influence that we can identify from LH.21 None of the biblical attestations of
‫ הזכיר )ב(שם‬matches the idiom or contexts of Exodus 20:24 and 23:13, except for
Joshua 23:7, according to which the Israelites are to observe everything that is
written in Moses’ instruction with the command: “do not make mention of the
names of other gods and do not swear” (‫)ובשם אלהיהם לא תזכירו ולא תשביעו‬. This
verse, being Deuteronomistic, however, is probably dependent on CC’s prohibi-
tion.22 CC’s unique first-person formulation in 20:24, “I will proclaim” (‫)אזכיר‬,
calls particular attention to its novelty. CC may nonetheless build on a native
tradition of the announcement of the divine name (see, for example, the motif
manifested in Gen 15:7; 17:1; Gen 28:13).
The influence of native tradition may be complex. Levinson, for example,
sees a conflation of two phenomenologies in 20:24: the announcement of the
name of the deity and the cultic presence of the deity. He concludes that the
mixing of these two motifs “serves as a bridge between theophany as an inacces-

sible event of the past, situated at a no longer accessible sacred mountain found
outside the land, and the need to assure divine presence as something ongo-
ing and accessible in the present.”23 He says further that “by grafting together
the two inconsistent conceptions of divine presence, [the author of the passage]
sought intentionally to assure the continuity of divine presence in the theophany,
shifting its home from Sinai to the altar, the precursor of Zion.”24 The correla-
tion with LH now makes clearer how this connection has been achieved. CC
basically primordializes the memorialization of LH at the foundational event of
revelation at the divine mountain, to be echoed in the cult that is built upon that
revelation.25 (See chapter 12 for the association of CC’s motif with Exod 3:15.)
The other passage in CC connected to the name memorialization motif in
LH is in string I of the final apodictic laws (22:27). It extends requirements of
verbal rectitude by prohibiting the cursing of deity and the “chieftain (‫)נשיא‬
among your people.”26 The term ‫“ נשיא‬chieftain” in 22:27 has often been under-
stood as referring to a premonarchic leader, thus demonstrating CC’s early ori-
gins.27 This has to be rejected given the monarchic date that many scholars now
give to CC, especially its apodictic laws, and especially in view of the date
required by the source hypothesis of this study.28 The term stands in the place
of the normal word for a monarch, ‫“ מלך‬king.” CC chose the term for purposes
of verisimilitude, to avoid the anachronism of speaking about a “king” in the
time of Moses. The term is also a correlative of the replacement of the human
king Hammurabi with Yahweh. The excision of the foreign monarch caused CC
to be circumspect about speaking of kingship even in the Israelite or Judean
cultural sphere. Whatever actual role a local king might have had in the formu-
lation of edicts and the administration of justice, this is ignored. In CC, Yahweh
is both lawgiver and even judge (cf. 21:6, 13–14; 22:7, 8, 10; 23:6).29
Although the rule against cursing the deity and chieftain complements the
larger notion of memorializing the sovereign’s name, it may have arisen in part
from a motif in the wronged-man passage. There, after the man reviews his
case and calms his mind, Hammurabi urges, “let him pray for/bless me” (lik-
rubam). CC does not go as far as LH to require praise of the local king, but it
at least protects him against disparagement. If this is true, it means that CC’s
use of the term ‫ נשיא‬is not necessarily motivated by sentiment against the local
monarchy.30 Thus CC is not quite like Deuteronomy 17, 1 Samuel 8, or the
book of Ezekiel in its attitude toward native kings.31 CC’s antipathy is primarily
toward foreign royal power. But to achieve its goals, it must demote even the
local king (in Israel or Judah) in favor of the deity’s authority.
CC may be using native idiom to actualize the prohibition against cursing
divine and local sovereigns. Rofé has noted the collocation of “king” ‫ מלך‬and
“God” ‫ אלהים‬in the context of cursing.32 One suffering deprivation, according
to an obscure prophecy in Isaiah, “will utter a curse by his king and by his
god” (‫ ;וקלל במלכו ובאלהיו‬Isa 8:21). False witnesses against Naboth are to charge:
“You have blessed (= cursed) God and king” (‫ ;ברכת אלהים ומלך‬1 Kings 21:10;
cf. v. 13). It is doubtful that these passages depend on CC. CC may therefore
have drawn on a preexisting constellation of terminology as represented in

these passages for the wording of its law. Rofé argues that CC has replaced an
original ‫ מלך‬with ‫ נשיא‬out of an antimonarchic tendency. It appears, however,
that ‫ נשיא‬is original, given the ideological concerns of CC. Therefore, no textual
development need be posited. Rofé’s argument, however, helps explain why
CC used ‫ אלהים‬in 22:27, instead of “Yahweh,” which one might expect, given
the correlation of the verse with the other name pronouncement verses (20:24;
23:13b): this term for deity is part of native idiom.33
CC is particular about which king should not be cursed: the one who is
“among your people.” Thus CC allows freely cursing the kings of foreign
nations, whether those of the past like Hammurabi or contemporary suzerains,
like Sennacherib, Esarhaddon, or Ashurbanipal. Viewed this way, the prohibi-
tion of cursing, though worded quite differently than the recommendation to
memorialize Hammurabi’s name, correlates perfectly as an expression of dis-
sent against LH.
The use of the term “Lord” (‫ )אדן‬to refer to Yahweh can be connected with
the notion of name memorialization, as chapter 3 has indicated. Exodus 23:17
says: “Three times a year shall each of your males appear before (or: see the
presence of) the Lord (‫)אדן‬, Yahweh.” The passage about the wronged-man’s
visit to the Esagil temple, to which the festival laws correspond, uses the term
lord (bēlum; feminine bēltum) several times of the king Hammurabi and the
gods Marduk and Zarpanitu (col. 48:20–58; see the citation in chapter 3). The
term occurs a total of seven times there and is thus highly visible. This probably
led CC to use the Hebrew equivalent in the festival laws.34 As noted earlier, the
prayer that the wronged man recites exhibits one of the ways that Hammurabi’s
name is memorialized. Although CC does not use “Lord” in the context of a
prayer that a pilgrim recites, it is used in the verse that summarizes the festival
requirements, thus emphasizing the explicit use of the divine name Yahweh, to
which it stands in apposition. The influence of LH behind the term “Lord” in
23:17 also explains why Yahweh speaks of himself in the third person there, as
opposed to the first person in the similar phrase in verse 15: the term “Lord,”
generated from the source text, takes the place of a first-person pronominal
reference, and thus requires the third person.
Yahweh’s Coming and Blessing

The clause about memorializing Yahweh’s name in the altar laws is part of a
main clause about Yahweh’s coming to the cult place and his blessing: “in every
place where I proclaim my name I will come to you and bless you” (‫אבוא אליך‬
‫ ;וברכתיך‬20:24).35 Chapter 3 gave reason for believing that coming and blessing
motifs were stimulated specifically by the phrasing at the end of the wronged-
man passage: “may the gods that enter the Esagil . . . make the ominous utter-
ances favorable daily” (ilū ēribūt Esagil . . . igirrê ūmišam . . . lidammiqū;
48:48–58). Although the general notion of blessing is found in other contexts

of the exhortatory block and even in the rest of the prologue and epilogue,
what makes this particular textual association compelling is the presence of the
motifs of the gods’ arrival that appears only here in both texts, the contiguity
of a motif of blessing to this notice of arrival, and also the fact that all of the
motifs in the initial apodictic laws associable with LH would thus be connected
to passages of the exhortatory block (and the epilogue in general) that happen
to mention the Esagil temple (noted in chapter 3). I will save discussion of this
“Esagil axis” of thematic correlations for the end of this chapter. Our interest
here is the differences in the notions of divine appearance in the two texts.
A reader could understand the scope of “the gods that enter the Esagil
(ēribūt Esagil)” to refer not just to the protective deities that precede but to all
gods who have positions in the Esagil temple.36 This broad interpretation could
have led CC to interpret this on a par with the “coming” of Yahweh to his cult.
But CC understands the phenomenology differently. The entering described
in LH refers concretely to the gods’ being brought into the temple in ritual
procession. Other Akkadian texts use the verb erēbum “to enter” (including its
causative stem) of cult images taking or being brought to their place. Tiglath-
pileser I says: “I celebrated the consecration festivals [literally: entries] in their
(new) temples and brought in my lords, the great gods” (tērubāt bītātešunu
aškun ilāni rabûti bēlēya ana libbi ušērib).37 A Neo-Assyrian letter refers to
a procession in which one “will make the god go forth and then return home”
(ilu ušēâ u usaar ušerrab).38 Another Neo-Assyrian letter says similarly:
“the god will leave (the temple in procession), take his seat (and) come back
in again toward evening” ([ilu u]a uššab saar ūmē isaar errab).39 A text
from Ashurbanipal’s time says: “Asshur and Ninlil . . . enter into the midst of
this New Year’s temple and they celebrate a happy fes[tival]” (dAššur u dNin-
lil . . . qirib É.Á.KI.IT šuātu irrubūma ippušū i[sinn]i idûti).40
Instead of bringing Yahweh into the cult concretely in procession, CC
employed an alternative form of theophany: the supernatural arrival of the
divine presence at the cult site. This is signaled by the first-person verbs “I
cause my name to be memorialized . . . I will come . . . I will bless.” As a super-
natural event, this is consistent with the cultic stricture of CC, which rejects
the use of divine images in the verse just before that on name memorialization
and Yahweh’s coming to the people at the cult place (20:23). Yahweh is phe-
nomenologically detached from his cult symbol. Indeed, a procession with his
cult symbol is precluded, since it is a fixed, nontransportable altar of earth or
stone. A supernatural appearance of the god is furthermore consistent with the
ideological force of the text, which seeks to place Yahweh in a superior position
over Hammurabi and the gods of Babylon.
Yahweh’s appearance and its connection to the cult site are manifested in
the interplay of the initial altar laws and the festival laws at the very end of
CC. The first laws say that Yahweh himself comes to the sanctuary site. The
festival laws complement this by requiring the people (specifically males) to

appear before (or “see”) Yahweh at the sanctuary (23:15, 17). Thus the god,
his symbol the altar, the act of memorializing his name, and worshippers all
converge interactively at the sanctuary. The same interactivity is found in the
exhortatory block. Hammurabi’s statue and stela are set up in the Esagil tem-
ple, Hammurabi’s name is memorialized there, and the wronged man comes to
Hammurabi’s symbol in the temple to perform an act of worship and homage.
For how the coming of Yahweh relates to the same motif in the narrative
description of Exodus 19:9 and 20:20, see chapter 12.
The Main Themes and Structure of the Apodictic Laws
In addition to Yahweh as lawgiver, a theme that underlies CC and is especially

visible in the apodictic laws, three more limited but prominent themes appear
in the work and primarily in the apodictic laws: the care for the poor, cultic
performance, and the pursuit of justice. These themes are determined by LH
and in particular by the exhortatory block. Moreover, just as the replacement
of Hammurabi with Yahweh is a function of ideological concerns, so is CC’s
foregrounding of these topics. Notably, these three themes account for the total-
ity of the apodictic laws, except for 23:13a, which nevertheless is drawn from
Hammurabi’s exhortatory block.
The Poor
The structure of the apodictic laws emphasizes the theme of poverty and the
plight of the socially underprivileged. The two strings in the final apodictic
laws begin with this topic (string I: 22:20–23 + 24–26; string II: 23:9 + 10–12).
They each first set down a prohibition against oppressing the weak (string I:
22:20–23; string II: 23:9) and then follow this with two laws whose object is
to provide benefit for these persons (string I: 22:24, a prohibition against tak-
ing interest from the poor; vv. 25–26, a prohibition against keeping a garment
pledge overnight; string II: 23:10–11, leaving crops in the field for the poor; v.
12, rest for slaves and immigrants on seventh day).
The prohibition against oppressing the weak at the beginning of string I, and
hence at the beginning of all the final apodictic laws, lists three persons who are
not to be oppressed: the immigrant, widow, and orphan. It is therefore a more
emphatic statement than the prohibition against oppressing just the immigrant
at the beginning of string II. The prohibition in string II, in view of the larger
structure, must be seen as an abbreviated echo of its fuller partner in string I.
(See chapter 3 for the compared texts.)
As the first part of this chapter noted in regard to other contexts, the prohibi-
tion at the beginning of string I is based on the beginning of the exhortatory
block of the epilogue:41
So that the strong not wrong the weak and to secure justice for the desti-
tute girl and widow . . . (cols. 47:59–62).
dannum enšam ana lā abālim ekūtam almattam šutēšurim
20
You shall not oppress an immigrant. You shall not repress him, because
you were immigrants in the land of Egypt. 21You shall not afflict any
widow or fatherless child. . . .
‫וגר לא תונה ולא תלחצנו כי גרים הייתם בארץ מצרים כל אלמנה ויתום לא תענון‬
Although a modern analysis might subdivide the epilogue differently,42 the
exhortatory block is nonetheless the place in the epilogue where the text begins
to move from description to prescription.43 CC took the motifs of the implicit
injunctions of the Akkadian purpose clauses and turned them into direct com-
mands. It replicated the gross syntax of LH, with the first prohibition having
a single object (the immigrant standing for Hammurabi’s “weak person”) and
the second having a double object (the widow and orphan, which duplicate the
classes of persons in LH).44 But CC made a number of changes in addition to
casting the expression as direct prohibitions. It used a second-person apodictic
form, to address the audience of the law collection in general. Further, CC con-
ceptually inverted Hammurabi’s second admonition and wrote a prohibition
against oppressing the widow and orphan rather than commanding, positively,
that one provide justice for them. This is consistent with CC’s conceptual inver-
sion of other laws and motifs taken from LH. (For another explanation of this
change, see chapter 12.) CC also replaced the “weak person” (enšum) of LH
with the immigrant and added the rationale that members of CC’s audience
were once immigrants in Egypt. This is a significant change, indicated by CC’s
reference to the immigrant alone in its abbreviated formulation of the oppres-
sion prohibition in string II (23:9). CC’s structure and selectivity brought the
immigrant to the fore among the three classes of person liable to abuse.
Who is this immigrant? A number of studies have seen in this a reference
to real sociological phenomena contemporary with the formulation of the text,
suggesting that it refers to dispossessed emigrants from the Northern Kingdom
after conquest by Neo-Assyrian kings Shalmaneser V and Sargon II. This fits
the chronological window that this study proposes for the creation of CC (i.e.,
740–640 BCE).45 Yet it is doubtful that CC has these persons primarily in mind.
The Egypt rationale that accompanies the prohibitions shows that the immigrant
is one who does not share the tradition of ancestors’ having been immigrants
in Egypt. This would exclude northern refugees.46 Further, the Egypt rationales
point to the immigrant’s being someone from a significantly different cultural
and national background, like the Israelites in Egypt, not Ephraimites in Judah.
CC’s immigrant must be a true foreigner.47
This definition indicates that the prohibition against oppressing an immi-
grant, as well as allowing the immigrant to rest on the seventh day (23:12), has
a political dimension. In fact, the replacement of the “weak person” with the
immigrant is to be viewed in concert with the replacement of Hammurabi with

Yahweh. The lawgiver is now Israel’s deity, and one of the objects of his con-
cern is a foreigner living among the Israelites. This poses a contrast to the real-
ity of Neo-Assyrian hegemony. It is not that CC is a law book for the diaspora,
talking about how émigrés to Mesopotamia are to be treated by the Assyrian
power. The content of the laws gives no other indication that its setting and
orientation are anything other than to the people of Israel or Judah in their land
(cf. 20:24–26; 21:2–11, 13–14; 22:19; 23:10–11, 14–19). The analogy lies not in
one of geography but of power. Just as destitute and dependent foreigners are to
be treated fairly under Yahwistic law, so subject Israelites and Judeans, even in
their own land, are owed just treatment by their occupiers. With this said, it is
clear that CC is not prescribing law for the Assyrians. Nothing in the text indi-
cates this. CC’s political message operates by the implications of its contrasts
with the political picture in LH and real experience with Assyrian power. The
law about the immigrant is a symbol of the possibilities and limits of foreign
domination.
The two laws that follow the prohibitions about oppressing the under-
privileged in string I are concerned with interest on loans and with pledges
(22:24–26):
22:24
If you lend silver to my people, the poor that are with you, you shall
not act like a (harsh) creditor to him. You shall not exact interest from
him.
‫אם כסף תלוה את עמי את העני עמך לא תהיה לו כנשה לא תשימון עליו נשך‬
25
If you take the garment of your fellow as a pledge, when the sun sets you
shall return it to him, 26because it is his only covering, it is the clothing
for his skin—in what will he sleep? If he cries out to me, I will give heed,
because I am compassionate.
‫אם חבל תחבל שלמת רעך עד בא השמש תשיבנו לו כי הוא כסותה לבדה הוא שמלתו‬
‫לערו במה ישכב והיה כי יצעק אלי ושמעתי כי חנון אני‬
The last phrase in the interest law (“you shall not exact interest from
him”; alternatively, “add interest to it [the loan]”) may be an addition (see
chapter 12). Nonetheless, it defines what is meant by “being like a creditor.”48
The rule apparently prohibits interest, specifically on subsistence loans to the
poor.49 The second law is connected to the first law in that pledges are generally
required to secure a loan.50 In this case, the person is so impoverished that a
garment is the only collateral available.
The topics of loans and pledges appear in LH and other cuneiform collec-
tions.51 But CC’s laws on these topics do not have close parallels. The matter
of loans is addressed at various places in LH, including LH 111–119.52 The last
laws in this series deal with debt-servitude and were influential on CC’s laws
about debt-slavery (21:2, 7 // LH 117) and on killing a slave (21:20–21 // LH
116). A preoccupation with these laws may have led CC specifically to include
the law prohibiting interest in 22:24. The contextual connection of these later
laws to the debt-slave law is that, if a poor person were to default on a loan as in
22:24, that person would be a candidate for debt-slavery according to 21:2–11.
The topic of pledges appears in LH 38, 49–50, but these laws deal only with
the pledge of fields, not personal property such as a piece of clothing, the topic
of 22:25–26. CC’s law on pledges may reflect native concerns, to judge from
the Mazad Hashavyahu Ostracon from the latter seventh century BCE. In this, a
worker complains about the confiscation of his garment, though it is not clear
that a loan is involved.53 More clearly, the book of Amos refers to garments
given as pledges (2:8). The pledge law is probably included in CC, not because
of a impetus from cuneiform law, but because of its contextual relevance to the
loan law, as noted earlier. Thus it is indirectly connected to the topic of debt-
slavery via the loan law.
The cadence “because I am compassionate” (22:26) at the end of the two
laws in string I, if it is thought to have the force of a concluding statement,
does not mark the end of the original collection of CC, as some have argued,54
but the end of the first section about the poor at the head of the final apodictic
laws. This makes sense topically. The description of Yahweh as compassionate
fits the poverty laws well, but not necessarily the whole preceding collection.
Moreover, of the two sections of laws about the poor in the two strings, that
in string I (22:20–26) is eighty words long and that in string II (23:9–12) is
fifty words. Thus the treatment in string I is emphatic, which accords with its
beginning the final apodictic laws. The formula declaring Yahweh’s gracious-
ness underscores and thus fits the emphatic nature of this first section of laws.
The statements that Yahweh will hear the cry of the oppressed in verses 22 and
26 also bind the subsections of the poverty legislation in string I together and
contribute to its emphatic formulation.55
Chapter 3 noted that the phrase “for I am compassionate” appears in the
same relative position in string I as the phrase “be observant with regard to all
that I have said to you” in string II (23:13a). While that analysis did not decide
to identify these clauses as distinct parallel elements in the string structure of
the final apodictic laws, they still may both be seen as points of emphasis in
the middle of their individual strings. They differ, however, in their orientation
in their contexts. The phrase in string I looks backward to the poverty laws
that precede, and the phrase in string II looks forward to the concluding cultic
laws of CC. Although 23:13a has clearly been influenced by LH, it is not clear
that the “for I am compassionate” clause has been so influenced. It is, however,
consistent with motifs in the exhortatory block and the larger epilogue and
prologue that represent Hammurabi as compassionate.56
The two specific laws about the poor in string II, while structurally parallel
to those in string I, deal with distinct topics (23:10–12):
10
Six years you shall sow your land and gather its produce. 11(In) the sev-
enth, you shall let it drop and leave it. The poor of your people may eat
(it). What they leave the wild animals may eat. You must do this also for
your vineyard and orchard.
‫ושש שנים תזרע את ארצך ואספת את תבואתה והשביעת תשמטנה ונטשתה ואכלו אביני‬
‫עמך ויתרם תאכל חית השדה כן תעשה לכרמך לזיתך‬
12
Six days you shall do your work. On the seventh day you shall cease so
that your ox and ass may rest and so that the son of your slave woman and
the immigrant may be refreshed.
‫ששת ימים תעשה מעשיך וביום השביעי תשבת למען ינוח שורך וחמרך וינפש בן‬
‫אמתך והגר‬
The first law refers to leaving crops in the field for the poor to gather.57 If we
are to envisage this as observed, the abandonment of produce would take place
in different fields in different years to provide a steady supply of crops for the
poor.58 The second law is not yet a Sabbath law. Nothing is said about the holi-
ness of the day or its performance in deference to Yahweh. It is simply a day
of rest for animals and the poor.59 Animals and poor humans in the two laws
appear in inverse order (v. 13: the poor and then animals; v. 12 ox and ass and
then the slave and the immigrant).60 This probably arises from CC’s interest in
inverted ordering of its text, especially in the final apodictic laws. It is similar
to the miniature chiastic structure in the first verse of the collection (20:23). For
laws about animals as a structural reflection of the concern for poor humans in
CC, see later.
Like the two specific laws about the poor in string I, the two laws about the
poor in string II have a connection to the debt-slave laws in LH and CC, but
they have a content that may ultimately reflect native concerns. The connection
to the debt-slave laws is in their prescriptions about time, as noted in chapter 5.
The wording of the beginning of each of these laws is similar to the apodosis
of the debt-slave law in 21:2: “When you acquire a Hebrew slave, he shall work
for six years and in the seventh he shall go free (‫)שש שנים יעבד ובשבעת יצא לחפשי‬
without further obligation.” An action is performed for six of a chronological
unit, with a cessation or cancellation of that activity in the seventh. This lan-
guage comes from LH 117, which prescribes work for three years with release
in the fourth. But though the idioms of LH 117 and CC’s debt-slave law were
influential on the seventh-year and day laws, these laws or the customs behind
them were influential on CC’s debt-slave law, being responsible for expanding
debt service from three to six years. It may be that seventh-day rest and the
seventh-year deposit of produce for the poor were native customs prior to CC
but that CC turned these specifically into divine dictates in its legislation.
The placement of laws about the poor at the beginning of the strings, with a
particular emphasis on the laws of the poor in string I and hence at the begin-
ning of the final apodictic laws, parallels the placement of the debt-slave laws
at the beginning of the casuistic laws. As noted in chapter 5, CC’s interest in
the theme of poverty is why it began its casuistic laws with debt-slavery, a law
that appears in the middle of Hammurabi’s casuistic laws (LH 117). Because the
initial theme of the exhortatory block determined CC’s emphasis on the poor in
both genre sections of its laws, and because the apodictic laws are the primary
reflection of the exhortatory block in CC, the apodictic laws have conceptual
and perhaps even compositional priority over the casuistic laws.61 CC could
not have determined that its casuistic laws should begin with debt-slavery until
it had considered the exhortatory block and its themes and had anticipated or
even drafted in advance its final apodictic laws. The other casuistic laws about
slaves (21:20–21, 26–27, 32), by their inclusion of debt-slaves through the con-
flation of slave types, presuppose 21:2–11. Hence the casuistic laws in which
the various slave laws appear are conceptually subsequent to the ideas in the
apodictic laws. A specific datum that points to the priority of the apodictic laws
about the poor is the lengthening of the period of debt servitude from three to
six years in 21:2. This could not have been prescribed until the seventh-year
and day laws of 23:10–12 were written or at least conceived of. The conceptual
priority of the apodictic laws over the casuistic laws is also found in the motif of
traveling to the sanctuary for judicial procedures (21:6, 13–14; 22:7, 8), which
may reflect a similar motif in the wronged-man passage of the exhortatory
block, the passage that stimulated more primarily the festival pilgrimage legis-
lation in the final apodictic laws (see chapter 9 and here later). The conceptual
priority of the apodictic laws is further indicated by the influence of the altar
laws of 20:24–26 on the homicide laws of 21:13–14 (see chapter 6). CC could
not have revised LH 207 to create 21:12–14 without 20:24–26 in mind. These
observations, coupled with the fact that it is in the apodictic laws that one finds
ideological issues unmistakably in view, show that the idea of creating CC may
have started with a preoccupation with the exhortatory block rather than with
the casuistic laws of LH. This means that in terms of what CC is trying to do,
one must read the casuistic laws in the light of the apodictic laws, rather than
seeing the casuistic laws as separable and primary.
Like the laws on the poor in the apodictic laws, the casuistic laws on debt-
slavery in 21:2–11 have an implicit political interest. As chapter 5 noted, the
term “Hebrew” (21:2) is primarily used to define the slave as a debt-slave, since
the noun ‫“ עבד‬slave” is ambiguous, capable of meaning either a chattel-slave
or a debt-slave. But this adjective in the very first casuistic law may have a
political thrust similar to the mention of the foreign immigrant and the anal-
ogy of immigrant Israelites in Egypt at the beginning of the strings of the final
apodictic laws. The exact force of these parallel political expressions is hard to
define, and CC may only have intended the references to be allusive and evoca-
tive. The ethnic language and the conceptual correspondences of the debt-slave
law with the laws on the poor in the final apodictic laws nevertheless at least
draw the debt-slave into the sphere of the divine monarch’s concern. Whereas
Hammurabi provided for the release of debt-servants according to a reading of
LH 117 in the context of LH as a whole, in CC it is Yahweh who provides for
the release of the Israelite/Judean debt-slave.
The thematic relationship of the casuistic laws on debt-slavery and the apo-
dictic laws on poverty allows us to reflect for a moment on their respective
structural complexity. Jackson, for example, noted the intricacy of the debt
slave legislation:
In a number of respects, the slave paragraphs [21:2–6, 7–11] of the
Mishpatim stand out from the rest of the collection. Each of the two indi-
vidual paragraphs is more elaborate than the mass of the casuistic para-
graphs which follow: each consists of a principal clause and no less than
four sub-clauses (some quite elaborate). Moreover, the two paragraphs
are linked into a single discourse structure in ways not seen elsewhere
in the Mishpatim: there is an explicit cross-reference; in content, the two
paragraphs depend for their full meaning upon their opposition; and it
has also been argued that the internal arrangement of the two paragraphs
depends upon a crafted literary relationship between them: a movement
from freedom to servitude in Exod. 21:2–6 and from servitude to free-
dom in 21:7–11.62
For him, this is evidence that the debt-slave laws are secondary to the other
casuistic laws. The present study has demonstrated that in their own way the
laws on poverty in the final apodictic laws are equally complex from a struc-
tural point of view. The final section of this chapter on the thematic axes of the
apodictic laws will make this summarily clear. Such complexity is not a result
of later amplification of the text. It is original to the composition. To the extent
that these passages stand out against the rest of CC, it is attributable to the role
that the topic of impoverishment plays in CC.
The theme of debt slavery continues throughout the casuistic laws. This
class of slaves is included in the laws about beating and killing a slave (21:20–
21), freeing a slave who loses an eye or tooth (vv. 26–27), paying thirty shekels
of silver to the owner of a slave gored by a habitually goring ox (21:32), and
enslaving a thief who cannot pay his fine (22:2). It is not clear if CC intends
every law to be an ethical improvement over Hammurabi’s legislation.63
Certain laws seem more repressive: the longer term of service for debt-slavery,
requiring the marriage of a debtor’s unbetrothed daughter to a creditor, and
allowing a creditor to beat a debt-slave as long as the slave does not die the
same day. It may be that CC is more concerned about the ideology of the law-
giver’s legislating for the poor and writing laws that solve logical and system-
atic obscurities within LH, even if those laws, as a side effect, impose greater
strictures. At the same time, some of CC’s slave laws seem to reflect ethical
improvements: an owner is responsible for killing a chattel-slave the same day,
chattel- and debt-slaves both are to be released if the owner puts out the slave’s
eye or knocks out a tooth, and a higher price (thirty instead of twenty shekels)
is required for the death of a slave by a goring ox. It might be that we do not
see improvements in CC’s laws because we are comparing them against LH
when we should be comparing them to existing Israelite and Judean custom (to
the extent this is evidentially possible). As noted in chapter 6, debt-slaves in

Israelite and Judean society may have been treated like chattel-slaves. Hence
CC’s own rulings about debt-slaves, though harsher than LH, may have ame-
liorated existing practice.
The differences that one might perceive in attitudes toward the poor in the
apodictic laws versus the casuistic laws are not a sign of distinct authorship.64
They are a function of different perspectives in the different genres of CC’s
source. Hammurabi’s prologue and epilogue, and especially the exhortatory
block, clearly display compassion toward the poor and underprivileged.65 In
contrast, Hammurabi’s casuistic laws prescribe the matter-of-fact enslavement
of debtors, the treatment of chattel-slaves as property, and so forth. CC has car-
ried over the differing emphases of the two genres in its two genres of law. The
apparent contradiction can exist in the same compositional mind.
Other parts of the final apodictic laws besides the beginning of the two
strings also refer to the poor. The central chiastic core of the final apodictic
laws mentions the “poor” ‫ דל‬and “deprived” ‫( אבין‬23:3, 6, the b-members of the
chiastic structure). These individuals should not be favored or disfavored in
judgment.66 The animal laws in the final apodictic laws also reflect a concern
about the poor by analogy. While some of these laws may have an economic
and not strictly ethical motivation, it is hard to explain them all by mere eco-
nomic or other practical reasons. As a group, they include leaving a firstborn
animal with its mother for a week (22:29); returning a wandering animal to an
adversary (23:4); relieving an adversary’s overburdened animal (23:5); letting
animals eat the produce of a field in the seventh year (23:11); letting animals rest
on the seventh day (23:12); and not boiling a kid in its mother’s milk (23:19).67
The distribution of these laws is somewhat symmetrical. The laws about an
adversary’s animal appear at the center of the chiastic structure in 23:1–8 (the
c-members, vv. 4–5) and thus at the center of the whole body of final apodictic
laws.68 The laws about the offspring of animals and their mothers appear at or
near the end of the cultic laws in their respective strings. The mention of ani-
mals in the seventh-year and seventh-day laws in string II (23:10–12) does not
have parallels in string I, but within 23:10–12, the animals and humans are in
an inverse relationship, as previously noted.
If the mention of the ethical treatment of animals is not so much for the ben-
efit of the animals themselves, but rather in conceptual support of the more pri-
mary theme of the ethical treatment of socioeconomically depressed humans,
then laws about the treatment of the animals of an enemy are not entirely out
of place at the center of the final apodictic laws. Their mention in this central
position complements the reference at the beginning of the two strings to the
Israelites as immigrants in Egypt and the protection of the immigrant within
Israelite/Judean society imagined to be governed by CC.
The law about the treatment of animals at the center of the final apodictic
laws (23:4–5) may have a stimulus in cuneiform sources that CC used, which
may partly explain their pseudo-casuistic form in contrast to the pure apodictic
forms in the outer members of the chiastic structure. The Eshnunna collection
contains a law about returning a fugitive slave or lost animal (LE 50):69
50
If a governor, a canal administrator, or an official of any position catches
a vagrant male slave, a vagrant female slave, a vagrant ox, or a vagrant
ass that belongs to the palace or a commoner and does not bring it to
Eshnunna but keeps it in his house for more than a month, the palace shall
charge him with theft.
šumma šakkanakkum šāpir nārim bēl têrtim mala ibaššû wardam alqam
amtam aliqtam alpam alqam imēram alqam ša ekallim u muškēnim
ibatma ana Ešnunna lā irdiamma ina bītīšu iktala ūmī eli warim ištēn
ušētiqma ekallum šurqam ittīšu ītawwu
23:4
When you encounter the ox or ass of your adversary wandering, return
it to him.
5
When you see the ass of your foe suffering under its burden, you shall
resist forsaking him—(but) you must leave [the ass] with him.
‫כי תפגע שור איבך או חמרו תעה השב תשיבנו לו‬
‫כי תראה חמור שנאך רבץ תחת משאו וחדלת מעזב לו עזב תעזב עמו‬
The Akkadian law speaks specifically of an ox and ass, the very animals in
the first of CC’s two laws. If CC has used a law similar to this, it transformed
it into an apodictic regulation with ethical rather than criminal weight. It also
created the second law (v. 6) in the image of the first in order to create the two
members in the chiastic structure. CC apparently did a similar thing in creating
the second law about a habitually goring ox killing an ox in 21:36, in the image
of a habitually goring ox goring a person in verse 29, to be a companion to verse
35 (see chapter 8).
CC’s society had its own preexisting tradition of Yahweh as a guarantor of
the rights of the poor, to tell from various biblical passages not associable with
CC.70 We can assume that this tradition also informed the content of CC’s laws
about the poor in the final apodictic laws. Such a tradition may have facilitated
the replacement of Hammurabi with Yahweh and led to the basic reconceptu-
alization of LH as found in CC. Moreover, CC may have been influenced by
background Near Eastern tradition about a monarch’s concern for the poor,
apart from what is found in LH.71 Hence, while the exhortatory block is the
primary motivation behind the laws on poverty in the final apodictic laws,
additional sources and traditions, both foreign and native, appear to have con-
tributed to the complexity of the legislation on the poor in CC’s apodictic laws.
The Cult
Like the theme of poverty, the theme of the cult is highlighted in CC’s struc-
ture. The topic occupies the entire group of initial apodictic laws (20:23–26),
which prohibit images and prescribe the building of an altar, of earth or rough
stone. It also appears at the end of each string in the final apodictic laws. The
end of string I (22:28–30) contains a group of miscellaneous laws about offer-
ings and dietary holiness, and the end of string II (23:13–19) prescribes the
pilgrimage festivals, plus some other offering rules. By this arrangement, cultic
laws occupy the beginning and the end of the whole collection and thus frame
the work.72
The specific subject matter of the initial apodictic laws was determined by two
distinct points of influence from LH. After a short description of Hammurabi’s
call by the gods, the majority of the prologue describes Hammurabi’s benefi-
cent acts for various cities in his kingdom, including benefits he bestowed on
the cults in those various cities (see chapter 3). Some of the descriptions refer
to the building or rebuilding of cult places. This emphasis apparently led CC
to focus on cultic matters in the prefatory section of its work. However, the
specific topics of the initial apodictic laws, as well as its injunctive style, were
generated from the exhortatory block of the epilogue. CC drew on the parts of
the block that were particularly cultic in nature: the lawgiver’s cult symbol in
the temple, memorialization of his name there, and the supplementary motifs
of divine entrance or arrival in the cult and the idea of blessing. These parts are
those in which the Esagil temple appears.
As CC replaced Hammurabi with Yahweh, it changed the description of cul-
tic institutions based on Israelite or Judean practice. It prohibited the creation
of the images of the lawgiver (now Yahweh) and prescribed the building of an
altar of earth or unhewn stone, without stairs.73 As discussed earlier, the altar as
a cult symbol stands in contrast to the prohibited images. This contrast, at the
very beginning of CC, immediately takes the reader into the new cultic world
that serves as a background for CC.
CC’s description is somewhat idealistic. For example, while the building
materials to be used for constructing its altar are clear, its form is not: “An altar
of earth you shall make for me. . . . If you make an altar of stone for me, you shall
not build them with hewn stone. . . . You shall not ascend my altar on stairs. . . . ”
The focus on materials is probably to provide a contrast to the metals of images
in verse 23. This is, in fact, one indication that verse 23 is part of the original
text of CC—verse 23 is necessary for the emphasis on materials in the altar law
for it to make sense. Through this contrast, CC rejects skillfully manufactured
cult symbols in favor of an unshaped altar of natural materials. Indeed, CC’s
altar appears to be nothing more than a pile of dirt or stones stacked in a way
to function as an altar.74 The use of a cutting tool invalidates stone for cultic
use.75 Stairs are forbidden as well, expressly because they expose nakedness,
but in the material context, perhaps also because they require more elaborate
planning and formal construction. It is as if these rationales are fences around
the torah to prevent any construction that would begin to approximate a manu-
factured image. The altar’s simple form may be based on the traditional use of
natural stones as an altar or a pile of stones as a memorial or monument.76 This
type of structure fits well the context of name memorialization and the function
of the statue in the exhortatory block.77 The undeveloped form of the altar may
also derive in part from a desire to impart an air of antiquity to the prescription,
to suit the pseudonymous contextualization of the law collection.78
The cultic regulations in the final apodictic laws complement those in the
initial apodictic laws. The festivals in 23:14–17, outlined in a coherent block of
cultic legislation like the altar laws, are performed at the place where the altar
is. Their performance is described with the verb ‫חגג‬, which refers to making
pilgrimage—traveling—to a sanctuary (23:14, 15, 16). Visiting the sanctuary is
also indicated by the requirement that, specifically in connection with the Feast
of Unleavened Bread, pilgrims are not to appear before or see Yahweh “empty-
handed” (23:15); that is, they are to bring offerings that will be presented at the
altar (see later). The inclusion of the festival pilgrimage laws was motivated
by the exhortation for a wronged man to come before Hammurabi’s statue and
law stela for judicial review.79 As pointed out in chapter 3 and briefly here, the
wronged man’s visit includes a devotional aspect, where the cultic visitor prays
to the gods in praise of Hammurabi in the Esagil temple. In other words, he
engages in an act of worship with respect to the sovereign, whom CC is now
imagining through its transformations as Yahweh. The change in the cult sym-
bol, from king’s statue to offering altar, also enabled CC to shift from the motif
of legal to festal pilgrimage.
CC’s festival laws probably reflect preexisting custom, and their wording
may be partly based on a native source, written or oral. But if this is true,
CC has probably augmented and altered this source, as it has other sources.
One could try to discover this source by stripping away from 23:14–17 all of
the subordinate, modifying, second-person, and other presumably superfluous
or unoriginal elements, as well as elements that seem to be reflections of the
wronged-man passage. This would yield the following (with the presumed orig-
inal person of the verb left undefined): ‫ למועד‬. . . ‫ בשנה חג מצות‬. . . √‫שלש רגלים *חגג‬
‫ וחג האסף בצאת השנה‬. . . ‫ וחג הקציר‬. . . ‫“ חדש האביב‬X celebrates three occasions as
pilgrimage festivals: the feast of Unleavened Bread . . . at the time of the month
of Aviv . . . the Feast of Harvest . . . and the Feast of Gathering at the end of the
year.”80 CC would have imposed the second-person formulation of the verb “you
shall celebrate as pilgrimage” and added the prepositional phrase “for me” (‫)לי‬,
a separate verb for observing Unleavened Bread “you shall observe” with the
definite object preposition (‫ תשמר‬. . . ‫)את‬, the prohibition to eat unleavened bread
(‫)שבעת ימים תאכל מצות‬, the reference to the previous command and the Exodus
from Egypt (‫ כי בו יצאת ממצרים‬. . . ‫)כאשר צותיך‬, the requirement not to appear
before/see the deity empty-handed (‫)ולא יראו פני ריקם‬, and clauses about sowing
and harvesting in the latter two feasts (‫ באספך את‬. . . ‫בכורי מעשיך אשר תזרע בשדה‬
‫)מעשיך מן השדה‬. Verse 17, “three times in the year every one of your males shall
appear before [emended: see the face of] Yahweh the Lord,” would presumably
be a reformulation of the command of verse 14 in the original source, based on
the wording of the wronged-man passage: “May a wronged person who has a
case come before the statue of me the king of justice.” The inclusion formed by
verses 14 and 17 may have been created in imitation of an inclusionary form
in the wronged-man passage.81 Though this reconstruction is logical, the exis-
tence of a source as proposed here is speculative and cannot be proven. The
wording of CC’s festival passage may be largely an innovation.82
CC’s three sets of cultic laws are associated by the theme of sacrifice and
offerings. The altar law commands the people: “You shall offer on it your burnt
offerings and well-being offerings, your flock animals and your cattle” (‫וזבחת‬
‫ ;עליו את עלתיך ואת שלמיך את צאנך‬20:24). This anticipates laws on sacrifice in the
two strings in the final apodictic laws. We have seen already that the festival
laws refer to sacrifice when they prescribe that on the Feast of Unleavened
Bread “they (the pilgrims) shall not appear before me [or: see my face] empty
handed” (23:15). To the festival laws, CC adds four miscellaneous laws: (1) “do
not offer the blood of my offering (‫ )דם זבחי‬with leaven” (23:18a); (2) “the fat of
my festival offering (‫ )חלב חגי‬shall not remain overnight until morning” (v. 18b);
(3) “you shall bring the best of the first fruits of your ground (‫)ראשית בכורי אדמתך‬
to the house of Yahweh, your God” (v. 19a); (4) “do not boil a kid in the milk of
its mother” (v. 19b). The first, second, and last of these involve animal sacrifice
at the altar. The second and third are specifically tied to festivals. The second
mentions a festival offering (though it is not clear what this is, specifically),
and the third refers to first fruits, related to the “first fruits of your labor” (‫בכורי‬
‫ )מעשיך‬in the description of the Festival of Harvest in verse 16a. The fourth can
be related to festivals in that it may refer to offering a firstborn flock animal,
which would have most conveniently been offered at a festival occasion.83
The cultic laws at the end of string I of the final apodictic laws, in contrast to
those in string II, are a miscellany. But they are similar to the laws at the end of
the festival laws in string II. This miscellany in string I has four laws: (1) “You
shall not delay (giving) the product of your vat or press (‫( ”)מלאתך ודמעך‬22:28a);
(2) “You shall give me your firstborn sons (‫( ”)בכור בניך‬v. 28b); (3) “likewise you
shall do with your ox and your flock animals: seven days it shall remain with
its mother; on the eighth day you shall give it to me” (v. 29); (4) “you shall be
holy people to me: flesh found in the field, i.e., torn flesh, you shall not eat; you
shall throw it to the dog” (v. 30). These do not parallel the four miscellaneous
laws in 23:18–19 in any precise manner, though there are correspondences in
general motif (see later). The laws in string II are much briefer, while the third
and fourth laws of string I are more elaborate. We should ascribe this difference
to CC’s seeking to provide balance between the cultic laws in string I with the
whole group of cultic laws in string II (i.e., 23:14–19).
In regard to the matter of balance, we can note that the entire section of
cultic laws in string II (23:14–19) is longer than that of string I (22:26–30).
The longer section provides a conclusion to the whole of CC. Also within the
context of the final apodictic laws, the longer cultic section of string II offers
structural balance to the group of laws about the poor at the beginning of string
I of the final apodictic laws (22:20–26). As observed earlier, 22:20–26 is longer
than its counterpart in 23:9–12. Thus the two longer sections of legislation, in
22:20–26 (on the poor) and 23:14–19 (on the cult), create bookends—a barbell
structure—around the final apodictic laws. The focus on these outer sections
helps explain why their respective counterparts inside the string structure (i.e.,
the miscellany of cultic laws in 22:28–30 and the laws about the poor in 23:9–12
and especially v. 9) are relatively undeveloped. These inner, smaller sections
are subservient conceptually and structurally to the outer, larger sections.
If the cultic laws in string I do not provide an exact structural equivalent to
the cultic laws of string II, they nonetheless provide conceptual parallels. The
third cultic law of string I about offering firstborn animals (22:29) complements
the prohibition about a kid in its mother’s milk (23:19b). Both speak of young
animals to be sacrificed in relationship to their mothers. String I requires the
offspring to remain with the mother a week, and string II from a practical point
of view prohibits killing the offspring and mother in the same sacrificial event
(cf. Lev 22:27–28). The first cultic law of string I (22:28a) about not delaying
the offering of produced goods complements the law about first fruits in string
II (23:19a), which, as noted before, relates to the festivals (cf. 23:16).
The laws about giving a firstborn human (22:28b) and dietary holiness
(22:30) in the cultic laws of string I belong to the topic of sacrifices and offer-
ings found in the other cultic laws of strings I and II. If the young animals of
22:29 and 23:19b are offered at festivals, we probably should assume that the
“giving” of firstborn humans also occurred in connection with the festivals.
What this exactly means is not clear. CC’s laws about the ethical treatment of
the poor, of animals, and its limitation of exorbitant penalties in criminal and
civil law indicate that CC is probably not referring to human sacrifice here.84
Further, it does not seem that CC intends that all firstborn humans be devoted
to the cult, as was the boy Samuel. Hence fulfillment of this command must be
through payment (cf. Lev 27:27–28; Num 3:46–47; 18:15–16) or substitution
with a sacrificeable animal (cf. Exod 13:13; 34:20). This would have been paid
or performed at the sanctuary at the festivals.85
The rule about not eating carrion (22:30) does not at first glance appear to
have an integral connection to the cult. The meat, after all, is found in the field,
not at the sanctuary.86 And there is no contextual tie to the festivals. But the
later priestly and Deuteronomic sources make it clear that the meat of animals
that have died on their own or killed by predators is a source of impurity and
that one impure from such meat cannot partake of sacrifices. CC may share
this notion. Hence, when CC commands that the people should be “people of
holiness,” it may mean that the people should maintain a quality consistent with
participation in sacrifice at the sanctuary.87 The rule implies that only properly
slaughtered animals can provide meat. The question then becomes whether CC
allows for profane slaughter in the manner of Deuteronomy (cf. Deut 12) or
whether it thinks, like the Holiness Legislation (cf. Lev 17), that animals that
can be sacrificed must be slaughtered at the altar. If CC has not yet evolved to
the point of Deuteronomy’s legislation, then being a people of holiness means
not only being pure for the cult but also restricting the ingestion of animal flesh
(at least of unblemished, domesticated animals) to cultic flesh.
A broader contextual reason for including the dietary law is its association
with the goring ox law. An ox that has killed a person is to be stoned and its
carcass not eaten (21:28, 29, 32). As observed in chapter 8, stoning effectively
renders the animal like carrion in the field. The carrion law thus becomes a
supporting law, a footnote, to explain another law. This is similar to the func-
tion of the law of seduction (22:15–16), which gives the rationale for the law
about a debtor marrying his daughter to his creditor (21:7–11). The carrion law
is placed at the end of the section to which it belongs, similar to the placement
of the seduction law at the end of the casuistic laws. It is as if CC had the notion
to include such a law, to elucidate the innovations it made to the goring ox laws,
and then considered the larger structuring of themes to find the right place for
it, at the end of miscellaneous cultic laws in string I.
As the theme of poverty is featured in the casuistic laws in addition to the
apodictic laws, so also the theme of the cult. It is found specifically in five
descriptions of judicial activities at the sanctuary. When the debt-slave wishes
to be permanently enslaved to his owner/creditor, he is brought “to the god”
and his ear is pierced (21:5–6; chapter 5). When someone kills a person, he flees
to the sanctuary place where the altar is, implicitly for judgment, either to be
turned over to die or, as argued in the chapter on homicide, to pay indemnifica-
tion to the victim’s family and be allowed to return home (21:13–14; chapter 6).
When property kept in deposit is stolen and the thief is not found, the custodian
draws near “to the God” and declares his innocence (22:7). A general rule pre-
scribes that in all cases of property crime, the case (literally, “word”) of the two
disputants comes “to the God” and the deity convicts the guilty (22:8; chapter
9). Finally, when an animal is given over for deposit and it dies, is injured, or
carried away, “an oath by Yahweh” is made between the two parties as to the
innocence of the custodian, presumably at the sanctuary as in the other cases
of declarations or procedures in connection with “the God,” just mentioned
(22:10; chapter 10).
These judicial-cultic procedures are mainly generated by or can be coordi-
nated with the motif of judicial activities performed “before the god” (maar
ilim) found in Hammurabi’s casuistic laws and developed in CC’s deposit laws
(22:6–8, 10). But chapter 9, which discussed these laws, also noted that the
wronged-man passage of the exhortatory block may have influenced inclusion
of verbs of movement in these various laws: bringing a slave to the God and
doorpost (‫ ;הגיש‬21:6), fleeing to the sanctuary (‫ ;נוס‬21:13), and approaching or
coming to the God to make a declaration (‫נקרב‬, ‫ ;בוא‬22:7, 8). The wronged-man
passage has a locative goal similar to ina maar ilim plus a verb of move-
ment: “May a wronged person who has a case come (lillik) before the statue
of me (ana maar almīya) the king of justice.” The use of the wronged-man
passage for the judicial procedures was facilitated by CC’s replacement of
Hammurabi with Yahweh. CC was able to conceptualize the phrase “before
my [Hammurabi’s] statue” (ana maar almīya) in the wronged-man passage

as an appearance before the deity at the sanctuary and thus coordinate it with
judicial procedures performed “before the god” (ina maar ilim), presumably
at a temple, in Hammurabi’s casuistic laws.
This means that CC has manifested the material from the wronged-man
passage in two ways: to produce a law on festival pilgrimage in its apodictic
laws and to enlarge the context of judicial declarations in its casuistic laws.
This sheds important light on how CC looked at its source. It did not seek to
reproduce it law for law or concept for concept. Rather, it was a fount of inspira-
tion that could be radically transformed and manifested in different ways. This
production of multiple laws from a single motif in LH is most visible in the
threefold iteration of motifs from the exhortatory block in the initial apodictic
laws and two strings of the final apodictic laws. Within these three passages,
for example, the name memorialization motif is manifested in three ways: the
explanation that Yahweh announces his name, the prohibitions against cursing
the deity and the chieftain, and the prohibitions against mentioning the name of
other gods (20:24; 22:27; 23:13).
Last, in regard to the matter of cultic themes, the seventh-year and seventh-
day laws in the last string of the final apodictic laws (23:10–12) have a concep-
tual relation to the cultic laws that follow. Neither of these occasions involves
performances at the temple, but, as noted earlier, these are calendrical occur-
rences and thus associable with the regularity of the pilgrimage festivals. The
references to dates (“six years you shall sow your land . . . and the seventh you
shall let it drop,” 23:10–11; “six days you shall do your work, and on the seventh
day you shall cease,” 23:12) anticipate the festival law (“Three occasions you
shall celebrate as pilgrimage feasts in the year. . . . Three times each year every
one of your males shall appear before the Lord Yahweh,” 23:14, 17). This helps
explain the organization of CC and why, specifically, the two laws about the
poor in string II differ in nature from their counterparts in string I. They have
been coordinated in general theme with the cultic laws that follow.
Justice
The theme of justice and judicial propriety is not as broadly attested in CC’s
structure as are the themes of poverty and the cult, but it is nonetheless struc-
turally prominent in occupying the eight verses that form the chiastic bull’s-eye
of the final apodictic laws. This topic was motivated by the future king passage
of the exhortatory block (48:59–49:17). I cite this again here for convenience of
reference, with its chiastic structure (for the Akkadian text, see the appendix
to chapter 3):
In the future at any time, may any king who appears in the land keep the
just commands that I have written on my stela.
(a) May he not alter the law of the land that I have set down or the
verdicts of the land that I have rendered,
(b) may he not remove my ordinances.

(c) If that man has understanding and he is able to provide jus-
tice for his land, let him give heed to the words that I have writ-
ten on my stela.
(d) May this stela reveal to him the way, behavior, the law of
the land that I have set down and the verdicts of the land that
I rendered. May he secure justice for humankind.
(e) May he render their verdicts.
(d′) May he root up the evil and wicked from his land. May
he promote the welfare of his people. I am Hammurabi, king
of justice, on whom Shamash has bestowed truth.
(c′) My words are choice; my deeds are without equal. They are
vanity to the fool, but to the wise they are objects of praise. If
that man gives heed to my words that I wrote on my stela
(b′) and he does not remove my law, he does not overthrow my
words,
(a′) he does not alter my ordinances.
May Shamash lengthen the scepter of that man as he did for me, the king
of justice. May he shepherd his people in justice.
A major transformation that CC makes is generalizing the audience from
an individual future leader to all of the people. This partly arises from CC’s
change of the political landscape of the exhortatory block and the prologue and
epilogue at large. CC is uninterested in a human king and generally replaces
Hammurabi with Yahweh. But since it is impossible to insert Yahweh in the
place of the future king for conceptual reasons, CC was free and even forced
to significantly reconceive the passage. Because CC wrote the other laws in the
apodictic sections to the general populace, it oriented its laws on justice to this
same audience (23:1–8; for the Hebrew, see the appendix to chapter 3):
(a) 1Do not promote a false rumor. Do not conspire with an evil person
to be a witness that causes violence.
(b) 2Do not follow the majority to do evil. Do not testify in a dispute
to perversely follow the majority to pervert (justice). 3Do not show
deference to the poor in his dispute.
(c) 4If you encounter the ox or ass of your adversary wandering,
return it to him.
(c′) 5If you see the ass of your foe suffering under its burden and
you would hesitate raising it, you must raise him.
(b′) 6Do not pervert the case of your deprived in his dispute.
(a′) 7Keep yourself away from a lying word. Do not kill the innocent
and blameless, for I will not exonerate an evil person.
(x) 8Do not take a bribe, because a bribe blinds the clear-sighted and
undermines the words of the innocent.
Part of the motivation for writing broadly directed laws about justice may
come from the beginning of Hammurabi’s casuistic laws. Chapter 3 noted that
some of the language describing the future king’s obligations to pursue jus-
tice is also found in the law about an individual judge rendering a judgment
in Hammurabi’s casuistic laws, LH 5. The idiom of this law (dīnam diānum
purussâm parāsum “to set down a law, to render a verdict”) lies remarkably at
the center of Hammurabi’s chiastic structure: “May he set down their law, may
he render their verdicts” (dīnšina lidīn purrusāšina liprus). Thus the lofty obli-
gations directed at the king in the exhortatory block are not necessarily distant
from the concerns of everyday judicial procedure.
CC’s passage also has thematic connections with the first laws of LH. Not
favoring the poor (v. 3) or disfavoring the poor (v. 6) and not taking bribes (v.
8) are primarily associable with changing judgment in LH 5, which implies the
larger ethic of proper judgment.88 Taking up a “false rumor” (v. 1a), associating
with evil persons to be a “witness that causes violence” (v. 1b), giving “testi-
mony with the majority . . . so as to pervert (judgment)” (v. 2), perverting the
justice due the poor (v. 6), not keeping far from a “lying word” (v. 7a), acting
(presumably giving testimony) to cause the death of the innocent (v. 7b), and
causing the just to commit perjury (v. 8b) are all comparable with making false
accusations in LH 1–2, giving false testimony in LH 3–4, and making false
claims about property in LH 9–13. Hammurabi’s casuistic laws probably start
with these topics because of their primacy for the prosecution of justice and
the execution of all the laws that follow. It is reasonable to think that CC would
have observed this emphasis and would have sought to incorporate the topic
into its collection. Rather than placing this at the beginning of its collection, CC
inserted laws on the topic just at the point where the future king is exhorted to
follow Hammurabi’s pattern of justice.
Perhaps the most salient feature taken over from the future king passage
was its chiastic pattern. CC presumably perceived this sufficiently to use it as
a basis for creating a fully developed chiastic passage. This brought with it the
composition of the two strings (string I 22:20–30 and string II 23:9–19) in order
to enlarge the core chiastic structure.89 The reason CC chose to create parallel
strings rather than a full chiastic form, where the elements in the two strings
would be inverted instead of parallel, was apparently a desire to end the collec-
tion with cultic laws, the subject with which CC began. This also helps explain
the barbell structure of the final apodictic laws, noted earlier, where the laws
about the poor at the beginning of string I (i.e., 22:20–26) and the laws about
the cult at the end of string II (i.e., 23:14–19) are longer than their correlating
sections in the opposite string (i.e., 23:9–12 and 22:28–30). The parallel struc-
ture of the strings allowed CC to emphasize different topics in the two strings.
Nevertheless, even though the distribution of themes in the strings is not chi-
astic, the distribution of the weight of material is: (a) 22:20–26 large block (on
the poor); (b) 22:27–30 small block (on the name and cult); (c) 23:1–8 central
chiastic core; (b′) 23:9–12 small block (on the poor); (a′) 23:13–19 large block
(on the name and cult).
Certain motifs of the future king passage influenced CC’s formulation. It

is reasonable to suppose that the alteration and removal of Hammurabi’s ordi-
nances, described with the verbs nukkurum and šussukum in the a- and b- mem-
bers of the future king passage, motivated taking up the theme of perverting
justice in CC, described with the verb ‫“ הטה‬bend, warp” in the b-members
of CC’s structure.90 The admonition to the future king in the d′-member that
specifically mentions the wicked (“May he root up the wicked and evil from
his land”) may have also led to the mention of the wicked in 23:1 and 7 (the
a-members of the chiastic structure) and the antonymic mention of the innocent
or righteous person in verse 7. Another possible terminological influence may
be in the word words (awâtum) in the c-members of the future king structure;
this could lie behind the use of “rumor” (‫ )שמע‬and “word” (‫ )דבר‬in verses 1 and
7, by means of conceptual inversion, as noted in chapter 3.
A question that arises in connection with the patterned formulation of 23:1–8
is whether CC has also used a native source. Various scholars have suggested
that the passage builds on an earlier text. For example, McKay suggested that
the original formulation consisted of a decalogue with paired members:91
You shall not bring up a false rumour; ‫ לא תשא שמע שוא‬.1
You shall not make common cause with the ‫ לא תשת ידך עם רשע‬.2
wicked.
You shall not follow the multitude with intent to ‫ לא תהיה אחרי רבים להרע‬.3
do evil;
You shall not make answer against the majority ‫ לא תענה על רב להטת‬.4
with intent to pervert (justice).
You shall not be partial to a great man in his ‫ לא תהדר גדל בריבו‬.5
suit;
You shall not turn aside the poor man in his suit. ‫ לא תטה אבין בריבו‬.6
You shall not slay the innocent and righteous; ‫ לא תהרג נקי וצדיק‬.8
You shall not acquit the wicked. ‫ לא תצדיק רשע‬.9
You shall not utter a lying word; ‫ לא )תהגה( דבר שקר‬.7
You shall not take a bribe. ‫ לא תקח שחד‬.10
Besides the alterations necessary to produce the present text of CC from
this supposed original, McKay also views verses 4–5 as a later addition.92
Schwienhorst-Schönberger’s literary critical analysis leads him to posit a much
more limited original text of verses 1a, 2a, and 6* (i.e., ‫לא תשא שמע שוא לא תהיה‬
‫“ ;אחרי רבים לרעת לא תטה משפט אבינך בריבו‬Do not promote a false rumor. Do not
follow the majority to do evil. Do not pervert the case of your deprived in his
dispute”).93 This formulation was subsequently expanded with verses 1b, 2b,
3–5, ‫ בריבו‬in verse 6, and 7abα, constituting a ten-law series, although differ-
ent from McKay’s series. This series was given a conclusion in verse 7bβ by
Schwienhorst-Schönberger’s pre-Deuteronomic Gottesrechtsredaktor. Verses
8–9 are Deuteronomistic additions.94 Otto’s estimate lies between the two fore-
going. He says that the basic collection was verses 1–3, 6–8.95 Verse 7bβ (“for
I will not justify the wicked”) is an addition, indicated by the first person of
deity, from the redactor of the larger subcollection of 22:28–23:12. Verses 4–5
were added to augment the chiastic structure. For him, all of verses 1–8 are
pre-Deuteronomistic.96
While the variety of solutions offered by different scholars indicate the dif-
ficulty of being definitive, they react to textual problems that require expla-
nation. All these reconstructions agree that verses 4–5 are an addition. This
is consistent with source considerations raised here. This study would view
verses 1–3 and 6–8 as the particular parts of 23:1–8 that have been influenced
by the future king passage and secondarily by LH 1–13, as described previ-
ously. Verses 4–5 are topically extraneous and were influenced from a different
source, perhaps a law similar to LE 50 (see earlier in this chapter). This study
differs in viewing this addition as part of the original composition of CC. The
main reason for this conclusion is that without verses 4–5, the chiastic structure
is scanty, consisting of only the a- and b-members. One would expect CC, in
response to the chiastic structure of the future king passage, to have created a
rather complex chiastic structure as laid out for the whole of verses 1–7.
It is possible to imagine that a native source, written or oral, influenced
verses 1–3, 6–8. But it is doubtful that this source had the chiastic form that
these verses display. It would be too much of a coincidence that both this
source and the exhortatory block of LH exhibited the same structural feature.
Therefore, if there is a native source behind these verses, it was probably more
limited in scope, containing some of the specific motifs in these verses but
without their repetition. CC has multiplied them to create the paired mem-
bers in these verses, perhaps as it appears to have created two separate laws in
verses 4 and 5 out of a single law such as LE 50. Hence a theory of an extensive
original text as suggested by McKay or even Otto is unlikely. Schwienhorst-
Schönberger’s estimate of a limited original text is perhaps closer to the quan-
titative truth, though I hesitate to affirm that he has correctly identified the
content of that text. In the end, we have to admit that if CC has used a native
source, it has modified it as it has other sources that it used, making its recon-
struction impossible.
Finally, we can observe that the future king passage is also responsible for
the primary rogue clause in 23:13a: “Be observant in regard to all that I have
said to you.” This appears between the seventh-day law and the prohibition of
mentioning the names of other gods and the following cultic laws. This echoes
the c-members of the partial chiastic structure in the future king passage: (c)
“ . . . let him give heed to the words that I have written on my stela”; (c′) “if that
man gives heed to my words that I wrote on my stela.” This is the essence of
the future king passage. It makes sense that, for this reason, CC extracted this
to make a separate and emphatic point of exhortation. CC retained the injunc-
tive mood of Hammurabi’s command. It placed the requirement near the end of
its new composition, to mark its coming conclusion and to stress the prohibi-
tion against speaking the names of other gods and the upcoming cultic laws.97
Recall that reordering or relocation of elements or laws from LH is a hallmark

of CC’s technique, despite its following the overall similar sequence of themes
and laws in LH. The command in 23:13a confirms that CC was preoccupied
with the future king passage and thus adds force to the argument that this pas-
sage has influenced 23:1–8. The command in 23:13a is an extension of the call
for legal propriety in 23:1–8 and directs the audience to the content of the whole
collection.
Thematic Axes
We can end this chapter with a discussion of the interrelationship of the various
themes and strands of the apodictic laws. Chapter 3 noted a significant thematic
correlation between the initial apodictic laws and the exhortatory block. The
three points of correlation happen to be just at those points where the exhorta-
tory block mentions the Esagil temple. Table 3.2 in chapter 3 summarized the
evidence. To remind ourselves, CC prescribed that the altar of verse 24a be
set up at a sanctuary “place” in lieu of Hammurabi’s statue, spoken of in the
first paragraph of the exhortatory block and which contextually sets the statue
in the Esagil temple precincts. In its next breath, CC located name memorial-
ization “in every (sanctuary) place” (‫ )בכל המקום‬in 20:24bα instead of “in the
Esagil,” where LH locates name memorialization, described a little later on
in the exhortatory block. CC next described Yahweh’s coming and blessing
in 20:24bβ, contextually occurring at the sanctuary “place” that it just men-
tioned, as opposed to Hammurabi’s formulation “may the gods that enter the
Esagil . . . make favorable” (ilū ēribūt Esagil . . . lidammiqū), which appears at
the end of the wronged-man passage, a number of lines after the previous men-
tion of the Esagil.
CC appears to have been preoccupied with the Esagil motif. This can be
connected with CC’s ideological concerns. The biblical text not only changes
personal identities—Yahweh for Hammurabi and the immigrant for the “weak”
person—but is also concerned with recharting religious geography. A royal
lawgiver, according to the model of LH, must have a relationship to the cult, and
Yahweh’s cultic association, as the Israelite/Judean lawgiver, is with Israelite or
Judean cult places.98 Focusing on phenomena associated with the Esagil temple
allowed CC to identify cultic phenomena of primary concern and rearticulate
these with a new content and context.
CC appears to have done a similar thing for its final apodictic laws. For
these, it focused on another motif in the exhortatory block, the lexeme abālum
“to wrong.” This was described briefly in chapter 3. Recall that this Akkadian
verb appears at the exhortatory block dannum enšam ana lā abālim “so that
the strong not wrong the weak.” This created the first member of the strings
prohibiting oppression of the poor in 22:20–23 and 23:9. The adjective ablum
appears a little later in the exhortatory block of the man who has been wronged
(awīlum ablum) and who comes to the Esagil temple (the name of the temple
is not actually mentioned at this point) to answer his legal query and praise
the king. This generated the festival (pilgrimage) passage in 23:14–19. Thus
the beginning and final sections of CC’s final apodictic laws coordinate with
abālum passages. This may further explain the barbell structure of the strings
in relation to each other, where the first section of string I (22:20–26) and the
last section of string II (23:14–19) are longer than their corresponding sections
in the other string (respectively, 23:9 and 22:28–30). The main influence from
the phrase ana lā abālum at the beginning of the exhortatory block was on
the first section about the poor in 22:20–26 in string I, and the main influence
from the awīlum ablum passage later in the exhortatory block was on the final
section about the cult in 23:14–19 in string II.
The middle sections of the string structure of the final apodictic laws,
which deal with name memorialization (22:27; 23:13b), do not correlate with
the abālum/ablum passages. They, rather, intersect with the motif of name
memorialization of the initial apodictic laws (20:24b), which, as we have seen,
grows from preoccupation on the Esagil theme. Thus the abālum thematic
axis overlies the Esagil thematic axis. Figure 11.1 charts out this relationship.
Final apodictic laws

String I String II
oppressing oppressing
ana la
the poor the poor
habalim
22:20–23 23:9
two laws two laws

about the poor about the poor
22:24, 25–26 23:10–11, 12
Esagil Esagil Esagil
to the
Initial images, name recalling, coming, two laws casuistic laws
Apodictic altar cursing blessing about the altar (with introduction)
Laws 20:23–24a 20:24b; 22:27; 23:13 20:24b 20:25, 26 21:1 ⫹ 21:2 ⫺ 22:19
various cultic festivals &

laws cultic laws awilum
22:28–30 23:14–19 hablum
(end of CC)
justice
23:1–8
to string II
Figure 11.1. Thematic axes of CC's apodictic laws

The diagram shows the intersection of themes. It emphasizes the greater size
of the first passage in string I and the last passage in string II. The chart also
shows that the initial apodictic laws and the two strings each have two sup-
plementary laws not based directly on LH, but which relate to the theme that
precedes, which is based on LH. That is, the two laws on the altar in 20:25
and 26 complement the basic image and altar law of 20:23–24, which reacts to
the description of Hammurabi’s statue; the two laws on the poor in 22:24 and
25–26 complement the opening prohibition against oppression in 22:20–23,
which reflect Hammurabi’s purpose clauses about not oppressing weak mem-
bers of society; and the two laws that benefit the poor in 23:10–11 and 12 com-
plement the brief prohibition against oppression in 23:9, which is also based on
Hammurabi’s purpose clauses about not oppressing the underprivileged. The
passage on justice stands outside the crossing axes, but between the two strings
of the final apodictic laws. Although the diagram is an abstraction, it is helpful
for thinking about the thematic relationships in CC.
These thematic correlations show the intricacy of CC’s composition. This
reinforces the conclusion that CC, even in its apodictic laws, is dependent on
LH. It is hard to imagine that this perceived sophistication is coincidence. The
art exhibited by the text is tied to its ideological expression. In the specific
case before us, the apodictic laws have been created as an elaborate topical
and structural frame for the casuistic laws. But describing the apodictic laws
metaphorically as a frame hides the fact of their importance for the meaning of
CC. It is in these outer sections of CC where the composition’s intentions are
most clearly visible. We have more to say about the significance of the apodictic
laws as a whole at the end of the next chapter, but we must desist at this point
in order to first address some more technical questions. This chapter, which has
approached the apodictic laws as a unity, should have raised questions about
how the analysis and evidence relate to previous scholarship that has viewed the
apodictic laws as secondary and has recognized layers of redactional growth
in them. In addition, the thematic thrust and ideological tenor of the apodictic
laws, as described here, lead to the question of how CC relates to the narrative
context that it now inhabits. Chapter 12 tackles these questions.
12
Redactional Growth in the Apodictic Laws and
the Covenant Code’s Relationship to the Exodus
Narrative
Two questions for the study of the apodictic laws remain to be addressed,
both having to do with broader compositional issues. The first consists of two
related queries, whether the apodictic laws are secondary to the composition
of CC and whether the apodictic laws reflect internal redactional development.
The second main question looks beyond the context of CC and asks whether
the work was created as an independent composition and only later included
in the narrative of the book of Exodus, or whether it was composed in con-
nection with some version of that narrative. The answers to these questions
build on the study of the themes and ideology of the apodictic laws presented
in the previous chapter. Even though these questions are more technical that
those considered in that chapter, they are crucial to the study of the context
and meaning of CC.
Redactional Growth in the Apodictic Laws
Scholarship has hitherto concluded that the apodictic laws are the result of
redactional development. As a group, they are generally considered an addition
to the casuistic laws, and various strata or supplements have been identified
within these laws. In particular, the laws or clauses with second-person plural
referents are considered secondary to those with second-person singular refer-
ents. Other elements, such as explanatory and motive clauses, have also been
322
Redactional Growth and Relationship to Narrative 323
judged secondary. These conclusions require reconsideration in view of the

evidence of CC’s use of sources.
The Apodictic Laws as a Whole

It should be clear by now that the contention that the apodictic laws are sec-
ondary to a basic casuistic body of legislation is untenable.1 Their differ-
ing style and orientation, second-person apodictic rather than third-person
casuistic formulation and their full theological expression, is a function of
dependence on the prologue and epilogue and specifically the exhortatory
block of LH and the transformation of motifs from that source. What were
considered in earlier scholarship to be indubitable signs of an origin distinct
from the casuistic laws now actually turn into evidence of unity. It cannot
be argued that the casuistic and apodictic laws were dependent on LH but
composed at different times. This is not parsimonious. It is more logical to
think that dependence upon LH, for the content and plan of CC, occurred at
a single point of composition. Furthermore, the apodictic laws are not merely
supplements to the casuistic laws. They are conceptually primary in that they
reveal the ideological intent of CC and define it against its source. The theolo-
gizing that they display is not a later add-on to preexisting and more secular
casuistic laws. Moreover, the exhortatory block, the primary influence on the
apodictic laws, has been influential in the casuistic laws. It determined that
the casuistic laws begin with debt-slavery (21:2–11). The wronged-man pas-
sage appears to have influenced the motifs of traveling to the sanctuary in the
casuistic laws (21:6, 13–14; 22:7, 8). The homicide laws of 21:13–14 reflect, at
the same time, the motif of inadvertent homicide and (implied) temple adju-
dication of LH 207 and the altar laws of 20:24–26, which themselves are a
reflex of the exhortatory block. The second-person verb of 21:2 presupposes
the second person of the altar law of 20:24–26, and this in part determines
the basic formulation of 21:2 with the verb ‫“ קנה‬acquire, buy” and the use of
the adjective “Hebrew.”
Chronological constraints also point to the contemporaneous origin of the
casuistic and apodictic laws. Deuteronomy’s basic laws are dependent upon
some of CC’s casuistic laws. Furthermore, most scholars believe that most of
CC’s apodictic laws predate Deuteronomy and that Deuteronomy also used
these for its legislation.2 As argued previously, CC cannot be much earlier than
the basic laws of Deuteronomy. It was composed somewhere between 740 and
640 BCE, probably close to 700 (see later in this chapter). Deuteronomy’s basic
laws were composed not long after about 650. Thus the window between the
creation of CC and Deuteronomy’s dependent laws is relatively narrow. The
earlier one places Deuteronomy and the later that one places CC in this win-
dow, the less time there is for the separate creation of the apodictic laws as a
supplement to CC. CC’s casuistic and apodictic laws must have been created in
the same generation.
Second-Person Plural Forms

Within the chronological stricture just described, one may want to argue that
the laws and phrases with second-person plural forms in the apodictic sections
are additions.3 It is true that in many cases these may be removed, leaving a
smoother context. For example, when the plurals in the law about oppressing
the poor at the beginning of string I of the final apodictic laws are omitted (in
22:20b, 21, and 23), along with the phrase in verse 22aα, which seems to transi-
tion semantically from verse 21, the pronominal referents of the remaining text
make sense: “You shall not oppress the immigrant . . . for if he cries to me, I will
hear his cry” (‫ כי אם צעק יצעק אלי שמע אשמע צעקתו‬. . . ‫)וגר לא תונה‬.4 If from this esti-
mate the Egypt rationale in 22:20b is considered secondary, then that in 23:9b
must be seen as also secondary. In addition, the phrase “You exact interest from
him” (‫ )לא תשימון עליו נשך‬in 22:24b, which has a plural verb, also looks like an
addition, because it explains what a creditor is in verse 24a.5 Too, the plural
forms in 23:13 may be omitted, yielding a simple prohibition against uttering
the name of illegitimate gods: “the name of other gods shall not be heard on
your mouth” (‫ לא ישמע על פיך‬. . . ‫)ושם אלהים אחרים‬.6 If these several examples of
second-person formulation are secondary, then it is logical to suppose that the
remaining two laws with second-person plurals are secondary: the prohibition
against making metal images in 20:23, if this did not have an original singular
formulation,7 and the call to be holy and avoid carrion in 22:30.
Interestingly, when the plural forms are removed, the remaining text, with
just second-person singular forms, still reflects the basic correlations in the-
matic structure described earlier in this chapter and in chapter 3. This allows
for a thesis that CC originally consisted of the casuistic laws plus the apodic-
tic laws formulated in the second-person singular. This basic text, the theory
would go, was later expanded with the laws and phrases with second-person
plural but still following the pattern of the exhortatory block of LH.8
While I would not absolutely exclude this as a theoretical possibility, the
thesis has several problems. It would limit the oppression prohibition to simply
the immigrant in 22:20a and 23:9a. This goes against the model of the exhor-
tatory block, which has three classes of individuals. One would expect CC to
feature a trio in its original formulation in 22:20–23. A related problem is that
the prohibition against oppressing the immigrant in 23:9a, without the Egypt
rationale that contains the second plural form, becomes a three-word blip in the
structure: “Do not oppress the immigrant” (‫)וגר לא תלחץ‬. The rationale is nec-
essary to give the member substance and prominence in the textual structure.
Another snag for a two-edition theory of the apodictic laws is the omis-
sion of the second-person plural prohibition against mentioning the names of
other gods in 23:13b. Without this, there remains only a single prohibition in
23:13b that stands against the double prohibition against cursing the god and
king in 22:27. One expects two short commands in 23:13b for reasons of struc-
tural parity. Furthermore, the other dual-law structure, which appears thrice, in
20:25–26, 22:24–26, and 23:10–12 (see figure 11.1 in chapter 11), also indicates
that the two-law structure in 22:27 and 23:13b is intentional and original.
A lesser difficulty but still significant is that omitting the verse about dietary
holiness in 22:30 puts the cultic laws in string I significantly out of balance
over against the cultic laws in string II: two verses (22:28–29) against about six
verses (23:14, 15*, 16–19).
A more general and substantial difficulty is that the theoretical original ver-
sion of the apodictic laws with only second-person singular forms is essentially
bereft of the ideological features described in chapter 11. There would be no
reference to national exile in Egypt. But the mention of the immigrant, which
replaces the “weak person” of the exhortatory block, inherently has a politi-
cal motivation. This makes one wonder if CC would have really written this
prohibition without the Egypt rationales. Too, the mention of a “Hebrew” slave
in 21:2, part of the original composition, supports the idea that CC originally
intended to impart a political message and therefore would have included the
Egypt rationales.
A final reason for hesitating about mechanically attributing second-person
plural passages to a later level is that this study demonstrates that a number of
elements elsewhere in CC—elements that scholarship has attributed to redac-
tional supplementation—are actually original to the composition of CC. Major
examples include the transitional introduction in 21:1 (see later), the debt-slav-
ery laws in 21:2–11, the homicide law of 21:12–14, the participial laws in 21:12,
15–16, and the talion laws in 21:23b–25. Chapter 13 provides a summary of
arguments for the originality and unity of these and other passages. The sty-
listic and conceptual divergences in these passages arise from compositional
and not chronological factors, including the combination of laws from differ-
ent places in CC or from other sources, revision, and legislative creativity.
Moreover, even for a hypothesis that the apodictic laws were created in two
stages, experimented with earlier, a significant portion of the apodictic laws has
to be considered original with the casuistic laws. That these various parts of the
text are original suggests that we should not first resort to a diachronic model to
solve the problem of second-person plural forms in the apodictic laws without
considering other possible explanations.9
In looking for explanations, we should probably avoid the claim that the
second plural forms are merely rhetorical devices, used for emphasis or to
renew the attention of the audience.10 Some plural forms in CC do not make
sense from this point of view (e.g., 22:24b, 30). More concrete mechanisms
must be identified to explain divergent verb and pronominal number. One of
these appears to be nationalistic orientation. After a specific legal obligation
is formulated in the default legislative second-person singular,11 which lays out
obligations for individuals, a plural form may have been used to orient the
command to the nation as a whole. Hence the prohibitions against oppressing
the immigrant in 22:20 and 23:9 start with the singular but make reference to
the national experience in Egypt in the plural. Nationalistic orientation may
also be seen in the command to observe all that the deity has commanded in
23:13a. As observed in chapters 3 and 11, this is a short extraneous element in
the thematic sequence of string II but based, nonetheless, on the future king
passage. It makes sense to have formulated this key command in the plural,
especially as it also appears to mark the approaching conclusion of CC. The
plural in the image law at the beginning of CC (20:23) may arise in part from
its being a counterpart to 23:13a.12 In both places, a plural is used to direct the
whole collection to the nation.13 A nationalistic orientation is also perceptible in
the second-person plural curse for maltreatment of the immigrant, widow, and
orphan in 22:23: “I will become angry and slay you with the sword; your wives
will become widows and your children, orphans.” This punishment affects the
whole community collectively, not just the individual malefactors.
Some of the plural forms may be explained by stylistic attraction, where a
successive form is plural by the influence of a preceding plural.14 Such exam-
ples include the prohibition of oppressing the widow and orphan in 22:21. This
follows the nationalistic rationale of being an immigrant in Egypt, formulated
in the plural (v. 20b). (The reversion to singular in verse 22 is explained later.)
Another example is the prohibition of mentioning the names of other gods in
23:13bα. This follows the nationalistically motivated plural in the command
to observe all that the deity commands in 23:13a. The threat for oppressing
widows and orphans in 22:23 can also be explained by attraction to or agree-
ment with the style of the widow-orphan prohibition in verse 21. The feature
of attraction is found in connection with another stylistic feature in CC. The
second-person verb in 21:2 (in this case, a singular) comes from the influence
of the preceding altar laws, which have second-person (singular) verbs (20:24–
26). Moreover, consecutive attraction in pronominal referents is found in the
law about a stone altar (20:25): the feminine plural object pronoun in the phrase
‫“ לא תבנה אתהן גזית‬you shall not build them with hewn stone” refers to the sec-
ond (feminine plural) noun in the preceding construct chain ‫“ מזבח אבנים‬altar
of stones,” rather than the first (masculine singular) noun as one might expect,
and then the feminine singular pronouns in the phrase at the end of the verse
‫“ כי חרבך הנפת עליה ותחללה‬when you lift your tool against it you will profane it”
shift referent again, to ‫“ גזית‬hewn stone” in the clause just before, rather than
to plural stones (‫ )אבנים‬or the altar (‫ )מזבח‬toward the beginning of the verse.
By these referential shifts, CC maintains focus on building materials and tech-
niques rather than on the altar as an phenomenological abstraction.
The plurals in the law about dietary holiness in 22:30 may be due simply
to the choice of noun set down at the beginning of the phrase: “people of holi-
ness” (‫)אנשי קדש‬.15 This required that the following verb “you shall be” (‫)תהיון‬
be plural.16 There is no clear reason why the writer would have been forced
stylistically to use a singular noun (e.g., “holy people” ‫ )עם קדוש‬and to write a
singular verb form (e.g., “you shall be” ‫)תהיה‬. The plural verbs in verse 30 after
the first plural verb are plural by attraction. The plurals in the Egypt rationales
in 22:20 and 23:19 may also be partly explained by noun choice: CC used the
plural noun followed by plural verb ‫“ כי גרים הייתם‬for you were immigrants”
rather than a singular ‫“ כי גר היית‬for you were an immigrant.”
Some plural forms explained already may also be alternatively explained
as arising from the influence of the narrative context. The next section of this
chapter presents evidence that CC was written as part of a narrative about a
revelation at the “Mountain of God” and the Exodus from Egypt. If so, the plu-
ral forms in the image prohibition of 20:23 are best explained as a bridge from
the plural of national address in the preceding story to the default singular of
legislation, as found in 20:24–26. The nationally oriented rationales of being
immigrants in Egypt (22:20b; 23:9b) can also be explained as referring back to
the narrative context where the nation is oppressed (e.g., 3:9; cited later).
The influence of external sources, apart from the narrative or the context of
CC, may be responsible for some of the plural forms. A primary candidate for
such influence is the punishment for oppressing widows and orphans in 22:23.17
This looks like a treaty curse, somewhat similar to VTE §42 (lines 428–430),
which has second-person plural referents:18
23
I will become angry and slay you (‫ )אתכם‬with the sword; your wives
(‫ )נשיכם‬will become widows and your children (‫)ובניכם‬, orphans.19
§42 May Venus, brightest of stars, make your wives (irātekunu) lie in
the lap of your enemies (LÚ.KUR-kunu) before your eyes; may your sons
(DUMU-kunu) not possess your house, but may a foreign enemy divide
your property (mimmûkun).
The VTE curse comes close to saying that the traitor’s wives and children will
be widows and orphans, especially in view of the curse of early death for the
male traitor in VTE §37 (lines 414–416).20 LH may have suggested the use of
such treaty formulation through its list of curses in the last half of the epilogue,
which are similar to treaty curses.21 Hammurabi’s penalties, in fact, threaten
early death, as noted in chapter 3. The influence of an external source on 21:23
also explains why the verse does not follow smoothly from verse 22.22
If a source with a plural formulation was influential in 22:23, it may
have also led, by reverse contextual influence, to formulating the prohibi-
tion of oppressing the widow and orphan in the plural in 22:21 in the plural.
Alternatively, the plural prohibition against oppressing a widow and orphan
in verse 21 may itself derive from a source, foreign or native, that contained
the punishment of verse 23. It has been noted that the widow and orphan are
customarily paired in both biblical and Near Eastern literature, a pairing that
preexisted CC.23 It is not hard to imagine that a prohibition against oppress-
ing this pair may have also preexisted. If so, CC can be viewed as doing here
what it did in the case of the parent-cursing law of 21:17. Recall that chapter 7
argued that CC used a parent-cursing law prescribing capital punishment from
a native participial source as a substitute for the parent denunciation laws of
LH 192–193. This, in fact, appears to have been the primary reason for CC’s
use of the participial source and form in the first place. Analogously, when con-
fronted with the task of turning an implied prohibition against oppressing the
weak person, destitute girl, and widow in the exhortatory block, CC replaced
the weak person with the immigrant and created a prohibition against oppress-
ing him in the standard second-person singular. It then inserted a preexisting
traditional prohibition against oppressing the widow and orphan formulated
in the second-person plural. This explains why CC did not formulate an exact
parallel to Hammurabi’s positive formulation “to secure justice for the destitute
girl and widow” and instead wrote a prohibition against oppressing these two
classes of people. CC wove the singular and plural threads together without
much concern for stylistic consistency. It may have even considered such sty-
listic undulation clever and desirable.
The distribution of second-person plurals may also be partly due to structur-
ing of the text. These forms appear at primary positions within the apodictic
laws: the beginning of the initial apodictic laws and whole collection (20:23),
the beginning of the two strings of the final apodictic laws (22:20; 23:9), the
end of string I (22:30), and the extraneous general command in 23:13a, drawn
from the center of the future king passage, that marks the coming conclusion
of string II and the whole of CC. These plurals thus virtually mark the outline
of the apodictic laws. Most of the other plurals can be associated with these by
attraction or context: the prohibition against oppressing the widow and orphan
and the penalty for doing so in 22:21, 23 are united to the context of the plural
in 22:20, and speaking of other gods in 23:13b is tied to the general command
that immediately precedes in 23:13a.24
Only one plural form resists explanation by any of the means just presented:
“do not add (‫ )תשימון‬interest to it (a loan)” (22:24b).25 This follows a law regu-
lating loans to the poor, formulated in the second-person singular. It looks like
a secondary gloss, to explain what it means to not be an “(interest-exacting)
creditor” (‫)נשה‬. The plural may seek to echo the pattern set up by the alterna-
tion of singulars and plurals in verses 20–23. Alternatively, it may, in fact, be an
addition. This judgment does not mean, however, that all the other plural forms
in the apodictic laws are additions.
If some, most, or all of the second-person plural forms are original to the
apodictic laws, we may well ask why the text reverts at points to second-
person singular forms after using the plural, especially if the principle of sty-
listic attraction explains some of the cases. In most cases, these shifts can be
explained by dependence on different source stimuli that caused the formula-
tion to reset, as it were, to the default second-person singular. For example,
the altar law of 20:24, though a response to the exhortatory block, is not built
directly on the ideas in that source, as is verse 23, but prescribes an alterna-
tive based to some extent on native perspectives. Therefore, CC shifted to the
default second-person singular, which is used in the rest of the altar law. The
shift back to the singular in 22:22, after the prohibition against oppressing the
widow and orphan in the plural, is due to a change in prescriptive form, from
straightforward prohibition (vv. 20–21) to pseudo-casuistic formulation (v. 22).

Further, as opposed to verses 20–21, verse 22 does not depend on the exhorta-
tory block but perhaps on narrative motifs (see later). Alternatively, if verse 21
depends on an external source (see earlier), verse 22 may have been conceived
of in the singular and in connection with the immigrant of verse 20 before the
actual incorporation of verse 21 (still as part of the broad original composi-
tional process). If the prohibition against interest in 22:24b is not an addition,
the reversion to the singular in verse 25 is due to taking up the new topic of a
pledge, perhaps based loosely on conceptual influences from pledge laws in
cuneiform or other sources. The singular in 23:1 begins the new and chias-
tic section of 23:1–8; therefore, it uses the default singular form. Moreover, a
change in source stimulus is involved: the preceding 22:30 is not based on spe-
cific themes in the exhortatory block, whereas 23:1–8 mimics the chiastic form
of the future king passage and echoes some of the themes LH 1–13. The shift to
singular within the laws about speaking of other deities in 23:13b is more dif-
ficult to explain, but it may be due to moving back to the default singular, the
style of the laws that follow (23:14–19), much like the shift from the image to
the altar laws (20:23 to 24–26).
Explanatory, Motive, and Expansive Clauses

In addition to phrases with second-person plural elements, several of the
clauses that provide explanations or motives or otherwise appear to conceptu-
ally extend a more basic law have been judged secondary.26 The use of LH as a
source, however, indicates that a number of these presumed additions must be
original to the basic composition of the text. A few of these examples overlap
with laws and phrases with second-person forms, for whose originality argu-
ment has been made here. These include the prohibition against making metal
images of gods (20:23), prohibitions against oppressing immigrants (22:20b;
23:9b), the prohibition against oppressing the widow and orphan (22:21), the
requirement to be holy and avoid carrion (22:30), and the general command to
observe what the deity has commanded (23:13a).
A number of other seemingly secondary elements prove to be original
because they are tied to the content or structure of the exhortatory block. These
include the phrase “in every place where I cause my name to be proclaimed I
will come to you and bless you” (20:24b).27 This must be original because it
reflects the motif of royal name memorialization, blessing, and divine arrival
in the exhortatory block. The laws on building an altar of stone and ascending
stairs (20:25–26)28 are also fundamental because they are necessary for the
structural balance of the initial apodictic laws over against the final apodictic
laws, in view of the determinative A-B-A structure of LH. If these verses are
removed, then the initial apodictic laws consist only of 20:23–24 or perhaps just
verse 24, if verse 23 is seen as secondary. Verses 25–26 are also consistent with
verses 23–24 in dealing with materials of construction: metals (v. 23), earth
(v. 24), unhewn stone (v. 25), and stairs, related to the use of stone (v. 26).29
They also correlate with the configuration of 22:24–26 and 23:10–12 by provid-
ing two laws on a foregoing topic (see the discussion about the thematic axes at
the end of chapter 11, along with figure 11.1).
In the final apodictic laws, the laws about returning and relieving animals
in 23:4–5, which have a different structure and content from the surrounding
laws,30 must be original to the chiastic structure of 23:1–8, being inspired by
the partial chiastic structure of the future king passage. If verses 4–5, which
constitute the c-c′ members of the chiasmus, are removed, as noted already,
the remaining structure would be undeveloped and unremarkable, with just the
a-b-b′-a′ members. This is not an argument for unity based on internal chiastic
structure, but on the model and influence of an external source.31
The seventh-year and seventh-day laws as a whole are original, constitut-
ing two laws that benefit the poor that correlate with the two laws about the
poor, on interest and pledges, in string I. More specifically, the elaborations or
rationales in these laws that orient these laws to the poor are original (vv. 11aβ,
12b) because of this contextualization.32 The phrase “(so that) he be refreshed”
(‫ )וינפש‬in the rationale of verse 12b may actually be motivated by the clause in
the wronged-man passage “may he calm his heart” (libbašu linappišma; 48:18–
19; compared in chapter 3), thus confirming the originality of the rationale. The
clause about gathering produce in 10b is also original because the pronouns on
the verbs in verse 11aα refer to ‫“ תבואה‬produce” in verse 10b and not to ‫ארצך‬
“your land” in verse 10a. That is, verse 10b is necessary for the context.33 The
clause in verse 11b (“thus shall you do for your vineyard and olive grove”) can
be considered original to the composition of CC despite its supplemental char-
acter because the firstborn animal law, which uses the same wording, must be
original (22:29).34 CC has separated out the field (v. 10a) from the vineyard and
grove (v. 11b) so that it could use the verb ‫“ זרע‬to sow” and thus create a law
with a six/seven pattern similar to the seventh-day law in verse 12a, both of
which parallel the similar clause structure of 21:2 (which goes back to the pat-
tern of LH 117). CC could not use the verb ‫ זרע‬of a vineyard or grove; therefore,
it appended these in the “thus shall you do” phrase.
Some deem the festival and offering laws in 23:14–19 to be an addition,
with 23:13a constituting a conclusion at an earlier stage of redactional devel-
opment. The festival laws, however, must be considered original, given the
LH-dependent string structure of the final apodictic laws and, in particular, the
correlation of festival pilgrimage with the exhortation for a wronged man to
come to the Esagil temple before Hammurabi’s stela and statue.35 Specifically,
not only the list of festivals in the internal verses (vv. 15–16) but also the
introductory command requiring their celebration (v. 14) and the summary
command that every male “appear before (or: see) . . . the Lord” (v. 17) are
original. These last mentioned verses may even imitate a frame structure found
in the wronged-man passage.36 Although the cultic laws in verses 18–19 seem
secondary because they go beyond the context of general festival celebration
and because they treat a variety of cultic matters, they are nonetheless con-
sistent with the miscellaneous cultic laws in string I (22:28–30). Just as those
laws must be considered original because they are part of the string structure,
so those in 23:18–19 must be considered original. Too, the various miscella-
neous cultic laws in 22:28–30 and 23:18–19, most of which deal with animal
sacrifice or offerings, complement the altar and festival laws, as described in
chapter 11.37
These examples, whose originality is demonstrated because of the content
and structure of LH, provide a means for judging other supposed second-
ary additions in the apodictic laws. These include (1) the phrase “your burnt
offerings and your well-being offerings, your flock animals and your cattle”
(20:24aβ). This list, at least the animal species, is authentic because the two
strings of the final apodictic laws deal with making offerings (see 22:28–29;
23:15b, 18–19). This theme ties the different sections of cultic laws together.38
(2) The threat of divine anger and punishment for oppressing the weak (22:23)
is conceptually related in a general way to some of the curses at the end of the
epilogue and may even reflect Assyrian treaty punishments. Thus it is consis-
tent with CC’s use of sources generally and those from Mesopotamia in partic-
ular.39 (3) The phrase “do not exact interest from him” (23:24b) looks secondary
because it is supplemental, and an explanation for the second-person plural is
not evident (see previously). (4) “Do not take a bribe, because a bribe blinds the
clear-sighted and distorts the words of the upright” (23:8) may be secondary
because it does not fit the chiastic structure of verses 1–7. At the same time, it
might be original and provide closure to the chiastic structure by variation of
structure. In any case, verse 8 is pre-Deuteronomic.40 (5) The phrase “as I have
commanded” (in 23:15aα), attached to the requirement of eating unleavened
bread for seven days in 23:15, would have to be an addition, if CC was created
independently of the larger narrative context. But there is reason to believe that
CC was created to supplement an earlier narrative, especially because CC by
itself provides no contextualization for itself. Therefore, it may be original to
CC and echo Exodus 13:6. This is discussed in the next section of this chap-
ter. (6) The phrase “for in it (the month of Aviv) you went forth from Egypt”
(23:15aβ) may be original if the rationales of being an immigrant in Egypt are
original (22:20b; 23:9b) and if CC depends on the narrative. Structurally, it
links the theme of the first laws in each string of the final apodictic laws with
the final cultic section of the collection.
Finally, we come to the transitional introduction of 21:1: “These are the
laws that you shall place before them.”41 This is generally viewed as an addi-
tion, specifically Deuteronomistic, and part of the material arising from a
Deuteronomistic insertion of CC into its narrative context. Several believe that
this introduction seeks to neutralize the legislative force of the altar laws over
against the rest of CC.42 Source analysis indicates, however, that in terms of
position and general content, the verse depends on the transitional introduction
to Hammurabi’s casuistic laws at the end of the prologue, “I placed truth and
justice in the mouth of the land.” Its content was also apparently influenced by
the wording of the transitional introduction at the end of Hammurabi’s casu-
istic laws and at the beginning of the epilogue: “(These are) the just laws that
Hammurabi, the capable king, established and has directed the land to follow
sound custom and good conduct.”43
The foregoing analysis shows that, while there may well be additions to the
basic text of the apodictic laws, they are minimal, possibly: ‫את עלתיך ואת שלמיך‬
“your burnt offerings and well-being offerings” in 20:24; ‫“ לא תלחצנו‬do not
oppress him” in 22:20; ‫את עמי‬44 “my people” in 22:24a; ‫“ לא תשימון עליו נשך‬do
add interest to it” in 22:24b; and perhaps the prohibition against bribes in 23:8.
The analysis shows that variations in style and contextual tensions cannot be
confidently used to construct the history of the text. Earlier analyses that focus
on identifying redactional growth in the apodictic laws, however, are not to
be ignored. They respond to real features of the text that require explanation.
Their observations may be married at various points with the source analysis
of this study to help explain the complexity of how the text was created. The
study of the goring ox laws in chapter 8 is a chief example of how the different
approaches may be blended. This study extends the questions that these ear-
lier analyses have sought to answer by indicating that stylistic and conceptual
variety in a text may arise for reasons apart from redactional supplementation.
The Relation of the Covenant Code to the

Narrative of Exodus
A matter related to the unity of CC and the meaning of the apodictic laws is
CC’s relationship to the narrative of Exodus.45 Most current scholarship argues
that CC was created independently and only later added to a narrative context.
This view might still be maintained if the data, to be discussed here, are judged
insignificant or can be explained otherwise. CC’s use of LH as a model could
actually be of assistance to this view because it recommends an attractive and
quite specific setting. That is, CC may have been originally inscribed on a
stela and set up next to an altar of Yahweh in a temple court, in analogy to the
erection of Hammurabi’s law stela next to his royal image in the Esagil temple.
In this way, CC would have functioned as a public monumental response to
the influence of Assyrian imperialism before it found its way into the book of
Exodus.
But it is difficult to maintain that CC was originally independent. Evidence
points to its having being written in connection with a narrative strand within
the book of Exodus.46 The view that CC was created independently has been
able to thrive mainly because the elements that tie CC to its narrative were con-
sidered later additions. When these were detached from the text, the remaining
“original” formulation could be given a purpose and setting apart from the
narrative. Moreover, the supposition that the additions were for the most part
Deuteronomistic justified a thesis that CC was inserted relatively late into the
narrative, by Deuteronomistic editors.47 But because CC is an essential unity
and pre-Deuteronomic, as argued in the previous section of this chapter, the
whole of CC must be seen as being part of a narrative at a pre-Deuteronomic
stage.
The discussion here does not attempt to correlate the evidence with a par-
ticular existing theory of Pentateuchal development. None of the existing mod-
els, from a standard documentary hypothesis to more recent explanations by
the development of independent tradition-cycles brought together and supple-
mented, provides a ready-made framework into which observations can be
inserted.48 Instead, the analysis proceeds inductively by exploring the parts of
the Exodus narrative with which CC appears to have associations. The result-
ing collection of passages we may dub the “Covenant Code Narrative” (CCN).49
Our exploration, however, stops far short of identifying a complete and coher-
ent narrative. That is the work of another book. The analysis here outlines the
minimum of what needs to be included in the CCN for CC to make sense.
We must first observe two related reasons internal to CC for believing that
it was originally written in association with a narrative. First, the law text does
not include any significant contextualizing information. It requires a broader
framework to make clear who the recipient of the collection is and when, where,
and why the revelation was delivered. If CC were created independently, we
would expect it to have followed Hammurabi’s model and have included such
details in the sections immediately before and after the casuistic laws, where
the present apodictic laws are located. That CC was written to fit a narrative
makes sense of this deviation from the pattern of LH. It freed CC to write noth-
ing but apodictic law in its outer sections. Secondly, the ideological tenor of CC
as described in this and the preceding chapters demands some sort of narrative
contextualization. It is hard to believe that CC could be written without such a
framework. Without it, it is an undeveloped embryo that falls short of achiev-
ing its goal.
Beyond this general observation, the several correlations that CC has with
the narrative of Exodus show that the law composition was created in relation
to a version of that narrative. Primary among these is the similarity between
CC’s passages on name memorialization or pronouncement and Exodus 3:15.50
And God again said to Moses: Thus shall you say to the Israelites:
Yahweh, the God of your fathers, the God of Abraham, the God of Isaac,
and the God of Jacob, sent me to you. This is my name forever, and this is
my designation from generation to generation.
‫ויאמר עוד אלהים אל משה כה תאמר אל בני ישראל יהוה אלהי אבתיכם אלהי אברהם‬
‫אלהי יצחק ואלהי יעקב שלחני אליכם זה שמי לעלם וזה זכרי לדר דר‬
The emphasized last half of this verse (v. 15b) uses the vocabulary of name memo-
rialization of Hammurabi’s text, the noun šm “name” and root zkr (in v. 15b, ‫ זכר‬is
a noun, parallel to ‫“ שם‬name”), which is prominent in CC in 20:24 “in every place

where I announce/proclaim my name” (‫ )בכל המקום אשר אזכיר את שמי‬and 23:13 “you
shall not pronounce the name of other gods” (‫)ושם אלהים אחרים לא תזכירו‬. Furthermore,
in both 3:15 and 20:24, the deity is the agent of the name announcement.51
The similarity of the language in the biblical passages, just referenced, and
the decisive role they play in their respective contexts make it reasonable to
conclude that they have a contextual association, regardless of the thesis that
LH served as a source for CC. Name memorialization in CC may be viewed as
the cultic realization or institutionalization of the inaugural announcement of
the name to Moses. The context of 3:15, in fact, anticipates the cultic context
of CC. A few verses earlier in verse 12, part of the context of verse 15, Yahweh
tells Moses: “this is the sign that I sent you, when you bring the people from
Egypt you shall serve the God on this mountain (‫)תעבדון את האלהים על ההר הזה‬.”
This is the mountain of 3:1, where Moses first meets the deity, and the mountain
of 19:2b, 16, 17; 20:18; and 24:4, where the divine revelation occurs. The dis-
cussion that follows shows that these verses also appear to belong to CCN (see
later).52 The last mentioned verse is part of 24:3–8, which describes the people’s
acceptance of obligations, along with the performance of a sacrifice, fulfillment
of the demand in 3:12.53 Thus we start to see the rough lines of a thematic arc,
from name announcement and anticipation in 3:12–15, to prescription in CC,
including the theme of name memorialization in 20:24 and the prohibition of
mentioning other gods in 23:13, to ratification in 24:3–8.
If we did not know that LH was the source of CC and that its name memorial-
ization passage was the stimulus for the similar motif in CC, we might conclude
that the name announcement in 3:15 was the stimulus for the related motifs in
CC. But the relationship must be the reverse of this. Exodus 3:15b corresponds
with the wording of Hammurabi’s name memorialization passage in a small but
essential motif not found in CC. The verse contains an adverbial of perpetuity
similar to that in LH: “may my name be mentioned favorably forever” (šumī ina
damiqtim ana dār lizzakir; 47:93–48:2). The noun ‫“ דר‬generation” in Exodus 3:15
is exactly cognate with Akkadian dār(um) “generation.”54 Not only this, 3:15b
has further associations with LH. Its wording is similar to the idiom in one of
the curses to befall a disobedient king described at the end of the epilogue: “Let
him (Enlil) pronounce with his revered mouth the disappearance of his (the dis-
obedient king’s) name and memory from the land” (šumšu u zikiršu ina mātim
lā šubšâm ina pīšu kabtim liqbi; col. 49:76–80).55 This uses the nouns šumum
“name” and zikrum “name, fame, memory,” whose exact cognates are also
found in tandem in Exodus 3:15b and in the same order. The epilogue passage
also attaches suffix pronouns referring to the sovereign, similar to the suffixes
attached to the nouns in 3:15. This curse has particular importance among the
others listed in the epilogue. It appears toward the beginning of the list and,
more importantly, it relates thematically to one of the transgressions described
just before the curse section that prompt the maledictions that follow: “(if
the defiant king) erases my (Hammurabi’s) name and writes his name (in its
place) . . . ” (šumī šaram ipšima šumšu ištaar; col. 49:33–35). The curse of
name eradication also provides a significant conceptual complement to the

mention of name memorialization earlier in the exhortatory block. Hammurabi
as a proper and ideal king is to have his name memorialized; the name of a
wayward king, in contrast, is to be forgotten. The infinitival phrase lā šubšâm
“to make not exist” conveys the opposite temporal conception entailed in the
ana dār “forever” of Hammuabi’s name memorialization passage.56
These facts indicate that the influence of LH has overflowed the banks of CC
into the narrative. The main name memorialization passage in the exhortatory
block generated the main name proclamation passage in CC (20:24). This pas-
sage, along with the curse passage later in the epilogue, contributed to the for-
mulation of 3:15. The narrative verse took the two nouns from the curse passage
and inverted the meaning of that passage by replacing the notion conveyed by lā
šubšâm with ‫לדר דר‬, the equivalent of ana dār in the main memorialization pas-
sage. Its transformation included, as is obvious, the replacement of the human
sovereign with Yahweh. But although 3:15 inverted the negative connotation
of the curse passage, CC retained its essence in another law. Exodus 23:13, as
we have seen, uses the language of name memorialization to prohibit the pro-
nouncement of the names of foreign gods: “You shall not mention the name of
other gods; it shall not be heard on your mouth” (‫ושם אלהים אחרים לא תזכירו לא‬
‫)ישמע על פיך‬. This must be partly a reflex of the curse of name disappearance in
LH. CC has replaced the disobedient king with foreign gods. Doing this effec-
tively prescribed the “disappearance” (lā šubšûm) of the memory of those gods.
Moreover, CC’s phrasing about a name being heard “on your mouth” may have
developed from Enlil’s pronouncement “with his mouth” (ina pīšu). The mul-
tiple manifestations—positive and negative—of name memorialization in the
epilogue help explain why this motif has been repeated with various empha-
ses in CC (20:24; 22:27; 23:13b) and why CC wrote its two parallel strings in
the final apodictic laws.57 The repetition in LH allowed CC to encode multiple
reflexes of the name memorialization motif.
This assessment of the relationship of CC and 3:15 to LH means that the
composition of CC and the composition of its narrative are contemporaneous.58
From this, one may postulate that CC was composed as a primary constituent
of this narrative, and that the narrative may have been created in the main to
provide a setting for the law’s composition.59
CC also has associations with the narrative motif of national oppression
in Egypt, which also happens to appear in Exodus 3, among other passages.
Recall that CC prohibits ill treatment of the immigrant, adding the rationale
that “you were immigrants in the land of Egypt” (22:20; 23:9). The reference
is elliptical and can be understood only with information that the accompany-
ing narrative provides. These rationales and the wording of CC’s laws against
oppressing the poor have possible associations with four pre-Priestly passages:
Exodus 1:11–12; 3:7, 9, 17. These passages are listed here with CC’s at the end:60
1:11
They placed over them task masters to afflict them by their forced
labor. . . .
12
The more that they afflicted them, the more they increased and
expanded, such that (the Egyptians) began to loathe the Israelites.
‫ְענּוּ אתו כן ירבו וכן יפרץ‬

ַ‫וכאשר י‬12 . . . .‫וישימו עליו שרי מסים למען עַנֺּתוֹ בסבלתם‬1:11
‫ויקצו מפני בני ישראל‬
3:7
Yahweh said: I have seen the affliction of my people who are in Egypt,
and I have heard their cry resulting from their oppressors, for I know
their pains.
‫ויאמר יהוה ראה ראיתי את ֳענִי עמי אשר במצרים ואת צעקתם שמעתי מפני נגשיו כי‬3:7
‫ידעתי את מכאביו‬
3:9
Now, the cry of the Israelites has come to me, and I have seen the
oppression with which the Egyptians are oppressing them.
‫ועתה הנה צעקת בני ישראל באה אלי וגם ראיתי את הלחץ אשר מצרים לחצים אתם‬
3:17
I said: I will bring you from the affliction of Egypt to the land of the
Canaanite. . . .
. . . .‫ואמר אעלה אתכם מ ֳענִי מצרים אל ארץ הכנעני‬3:17
22:20
You shall not oppress the immigrant, you shall not repress him,
because you were immigrants in the land of Egypt. 21You shall not afflict
any widow or fatherless child. 22If you do afflict him, when he cries out
to me, I will heed his cry.
‫כל אלמנה ויתום לא תענון‬21 ‫וגר לא תונה ולא תלחצנו כי גרים הייתם בארץ מצרים‬22:20
‫אם ענה תענה אתו כי אם צעק יצעק אלי שמע אשמע צעקתו‬22
22:26
. . . if he cries out to me, I will give heed, because I am compassionate.
‫ והיה כי יצעק אלי ושמעתי כי חנון אני‬. . . 26
23:9
You shall not repress the immigrant. You know the mind of the immi-
grant, because you were immigrants in the land of Egypt.
‫וגר לא תלחץ ואתם ידעתם את נפש הגר כי גרים הייתם בארץ מצרים‬23:9
Exodus 1:11 uses the verb ‫“ ִענָּה‬afflict,” found in 22:21–22. Exodus 3:17 briefly
refers to the “affliction of Egypt,” using the noun ‫ ֳענִי‬, from the same root as
‫ ִענָּה‬. CC’s densest associations are with 3:7 and 3:9. The first of these not only
uses the noun ‫ ֳענִי‬but also refers to the deity’s hearing the cry of the oppressed,
twice mentioned in CC (22:22 and 26). Exodus 3:9 uses the root ‫ לחץ‬to refer to
oppression,61 as does CC, and refers to the cry of the oppressed and its recogni-
tion by the deity.
Not all of these verses need to have been present in CCN. The prime candi-
dates are 3:7 or 9, and only one of these would have been necessary for CC to
have its significance. Of these, verse 9 presumably belonged to CCN. It goes
with verses 10–12, which in turn go with verses 14–15 as part of the name rev-
elation passage, discussed before:
10
(The deity continues his speech:) “Now go, I am sending you to Pharaoh.
Bring my people, the Israelites, out of Egypt.” 11But Moses said to the
God, “Who am I that I should go to Pharaoh, and that I should bring the
Israelites out of Egypt?” 12He said: “I will certainly be with you. This will
be your sign that I sent you: when you bring the people out of Egypt, you
shall serve God on this mountain.”
‫ויאמר משה אל‬11 ‫ועתה לכה ואשלחך אל פרעה והוצא את עמי בני ישראל ממצרים‬10
‫ויאמר כי אהיה‬12 ‫האלהים מי אנכי כי אלך אל פרעה וכי אוציא את בני ישראל ממצרים‬
‫עמך וזה לך האות כי אנכי שלחתיך בהוציאך את העם ממצרים תעבדון אל האלהים על‬
‫ההר הזה‬
Verse 10 is the commission to Moses, verse 11 is his first objection, and verse
12 is the response to this objection. The three verses use the verb ‫“ הוציא‬to bring
forth,” the C-stem of ‫יצא‬, which is the verb found in the debt-slave law of CC
(21:2–11). In other words, Moses is to free the enslaved Israelites from Egyptian
slavery in the spirit of releasing debt-slaves from oppression. This clarifies why
CC placed debt-slavery first in the casuistic laws. It not only matched the theme
of the beginning of the exhortatory block but also matched the national story in
which CC was being contextualized. The narrative works in tandem with CC
to achieve common ideological goals.
Verses at the end of Exodus 3 may have been part of CCN:62
21
(God said:) “I will give this people respect among the Egyptians so that
when you go forth, you shall not go forth impoverished. 22Each woman
shall borrow from her neighbor and the woman dwelling with her sil-
ver and gold utensils and clothing, and you will put them on your sons,
daughters, and thus despoil the Egyptians.”
‫ושאלה אשה‬22 ‫ונתתי את חן העם הזה בעיני מצרים והיה כי תלכון לא תלכו ריקם‬21
‫משכנתה ומגרת ביתה כלי כסף וכלי זהב ושמלת ושמתם על בניכם ועל בנתיכם ונצלתם‬
‫את מצרים‬
These words describe the coming release from domination, following up on the
verb “bring forth” ‫ הוציא‬found in verses 10–12. Although verse 21 does not use
the root “go forth” (‫)יצא‬, it has an adverb of condition accompanying its verb of
departure: “you shall not go forth impoverished” (‫)לא תלכו ריקם‬. This is similar
to the law of 21:2, also with an adverb of economic circumstance: “in the seventh
(year) he shall go free without obligation” (‫)ובשבעת יצא לחפשי חנם‬. The reason for
seeing an association with the debt-slave law is that Deuteronomy’s revision of
the law replaces CC’s adverb with that found in Exodus 3:21: “when you send
him (the debt-slave) free from you, you shall not send him free impoverished”
(‫ ;וכי תשלחנו חפשי מעמך לא תשלחנו ריקם‬Deut 15:13). It is possible to argue that 3:21
is based on Deuteronomy.63 But Deuteronomy may have folded the motif from
3:21 into its revision of CC’s debt-slave law.64 Deuteronomy elsewhere shows a
propensity for blending separate laws in CC or from CC and its narrative.65
An explicit connection of CC to the narrative is in the prohibition against
eating unleavened bread in 23:15. The legislation commands: “Seven days
shall you eat unleavened bread as I have commanded you, at the time of the
month of Aviv, because at that time you went forth from Egypt” (‫שבעת ימים תאכל‬
‫)מצות כאשר צויתך למועד חדש האביב כי בו יצאת ממצרים‬. The phrase “as I have com-
manded you,” most naturally refers to the command in 13:6, which uses similar
wording: “seven days you shall eat unleavened bread and on the seventh day
there shall be a pilgrim-festival for Yahweh” (‫שבעת ימים תאכל מצת וביום השביעי‬
‫)חג ליהוה‬. The phrase may be an addition in CC, especially given its overt refer-
ence to the narrative.66 Therefore, it may not count among the evidence for CC’s
anchoring in a narrative context. If it is an addition, however, it does not mean
that the other evidence for CC’s narrative contextualization is rendered invalid.
Nevertheless, Levinson has made a convincing case that Deuteronomy’s fes-
tival pericope (Deut 16:1–8) has blended materials from CC’s festival passage
(Exod 23:14–19) and the unleavened bread legislation in Exodus 13:3–10.67
The logic of his reconstruction demonstrates that the core of 13:3–10—or the
larger unit 13:3–16—must be pre-Deuteronomic, even though 13:3–16 contains
a strong Deuteronom(ist)ic flavoring. Either a pre-Deuteronomic narrative that
contained 13:6 has been updated by Deuteronom(ist)ic editors, or the supposed
Deuteronom(ist)ic features in the unit are actually proto-Deuteronomic.68
This study gives support to the latter view by its conclusion that CC’s own
elements that appear to be Deuteronomistic actually predate the creation of
Deuteronomy. Given that CCN would have been composed along with CC and
that CC predates Deuteronomy by only a generation or two, then the date of
13:3–16* would be relatively close to Deuteronomy.69
To this point, we have been looking at the broader narrative context for CC.
It makes sense that if CC was included in a story of national oppression and
release, it would also have included an immediate description of the context in
which CC was revealed, a version of the mountain theophany in Exodus 19–24.
The analysis of the development of the elements in these chapters is one of the
most intractable problems in Pentateuchal studies. Nevertheless, leaving aside
a commitment to any particular model of Pentateuchal development, Exodus
19–20 appears to sort itself naturally into two basic narrative constellations or
blocks.70 One tells of a fire theophany, with the people purifying in prepara-
tion and with them present at the mountain (identified as Mt. Sinai) though
restricted, whose core is 19:10–16aα (to ‫)הבקר‬, 18. The other, important for our
analysis, describes a less ritualistic event, with a cloud or storm theophany, and
with the people at the camp, who are then brought reluctantly to the mountain.
This includes 19:2b–3a, 9a,16aβγb, 17, 19 and 20:18–22a (excluding ‫ואת ההר עשן‬
“and the cloud smoking” in v. 18, which harmonizes the verses phenomenologi-
cally with the fire theophany block):71
19:2b
Israel camped there opposite the mountain. 3aMoses went up to God.
9a
Yahweh said to Moses: “I am about to come to you in a (the) thick cloud,
so that the people will hear when I speak with you, and also so that they
will have unwavering trust in you.” 16aβγbThundering and lightning, and
a dense cloud, was over the mountain, with a loud blast of the horn. The
people trembled in the camp. 17Moses brought the people out to God from
the camp, and stood at the foot of the mountain. 19The horn blast grew
louder. Moses would speak, and God would answer him with thunder
(‫)קול‬. 20:18*As the people witnessed the thundering (‫)קולת‬, flashes, and
noise of the horn, [ . . . ] the people took fright and moved and stood at
a distance. 19They said to Moses: “You speak with us and we will give
assent, but do not let God speak with us so that we not die.” 20Moses
said to the people: “Do not fear, because God has come in order to put
you to the test and so that his fear will be on you so that you do not sin.”
21
And the people stood at a distance, and Moses approached the dense
fog where God was. 22aYahweh said to Moses: Thus shall you say to the
Israelites: (CC follows: 20:23–23:19.)
Of the two identifiable blocks, CC fits best with this narrative block, mainly
because CC already belongs to its context. It is reasonable to think that CC has
remained in its original narrative location and has not, for example, displaced
the Decalogue, which was then relocated before 20:18.72
This estimate of the original story reveals another narrative correlation.
Two verses at some distance from each other refer to the god’s coming in
theophany. The god announces to Moses: “I am about to come to you” (‫הנה‬
‫ ;אנכי בא אליך‬19:9a). Later in the story, after the people react in fear, Moses
notes that “God has come” (‫ ;בא האלהים‬20:20). This motif correlates with CC’s
verse about name memorialization in 20:24: “in every place that I announce
my name, I will come to you (‫)אבוא אליך‬. . . . ” Some would argue that 19:9a is
an addition. This would leave us to compare CC’s verse with 20:20 alone. But
the two narrative verses have a thematic connection indicating that they are
part of the same basic story. In addition to the theme of the deity’s arrival, they
describe the purposes of the theophany, including use of the conjunction ‫בעבור‬
“in order (that)” (three times total) to describe these purposes. Moreover, each
verse presents two reasons for the theophany. Exod 19:9a says that the deity
comes “so that (‫( )בעבור‬1) the people will hear when I speak with you, and that
(2) they will have unwavering trust in you,” and 20:20 says the god has come
“in order (‫( )לבעבור‬1) to put you to the test and so that (‫( )בעבור‬2) his fear will
be on you so that you do not sin.” These various purposes are interrelated, hav-
ing to do with the obedience to what the god reveals through his law mediator.
Their differing emphases have to do with their respective speakers: Yahweh
stresses the respect due Moses in 19:9a, while Moses stresses the respect due
Yahweh in 20:20. In both verses the people are those who show the respective
form of reverence.73
The motif of the god’s coming in 19:9a and 20:20 may be explained in a way
similar to the motif of name announcement in 3:15, discussed above. Just as the
passages on name announcement in the epilogue went beyond influencing CC
in 20:24 (as well as 22:27 and 23:13) to color the description of name announce-
ment in the narrative of 3:15, so the passage on the gods’ arriving at the Esagil
temple went beyond influencing 20:24 in CC to affect the description of divine
arrival in the storm-theophany narrative in 19:9a and 20:20. The distribution of
these two motifs in the narrative preceding CC allowed the writer(s) to provide
background and foundation for the theological promise in 20:24, where these
motifs are brought together.
But this is not all. The epilogue appears to have been broadly influential
on the storm-theophany narrative, cited above, especially on the purposes
described in 19:9a and 20:20. A motif in the first purpose listed in 19:9a, the
speaking and hearing of the law, is found in the wronged-man passage: “let him
(the wronged man) have my inscribed stela (aloud) read to him (lištassīma); let
him hear (lišmēma) my precious words” (col. 48:10–14).74 Later in the storm-
theophany narrative the motif of speaking and hearing the law is resumed when
the people ask Moses to speak to them the words of revelation, which they
will hear (20:19). The two texts set the citation and hearing of law in a context
where the audiences appear in the presence of their respective sovereigns in
sacred space. In the storm-theophany narrative, Moses brings the people from
the camp out to base of the mountain before the deity’s presumably sanctify-
ing presence (19:17). Moses himself then approaches the deity to receive CC
(20:17). In Hammurabi’s text, the wronged man appears before Hammurabi’s
statue in the Esagil temple (col. 48:3–5).75
The second purpose in 19:9a, that the people are to trust in Moses, corre-
lates with the prayer that the wronged-man recites after hearing the law read
to him and in which he expresses his confidence in Hammurabi’s leadership
and lawgiving: “Hammurabi, the lord, who is like a . . . father to the people,
submitted himself to the command of Marduk. He achieved the triumph of
Marduk. . . . He gladdened the heart of Marduk. . . . He obtained well-being for
the people forever, and he provided justice for the land” (col. 48:20–38). This
prayer is an illustration of the memorialization of Hammurabi’s name, called
for immediately before the wronged-man passage begins. It therefore may not
be a coincidence that the Israelites are expected to trust in Moses “forever”
(‫)לעולם‬, an adverbial found in Hammurabi’s name memorialization passage:
“may my name be recalled . . . kindly forever.” This is as far as the text goes in
granting enduring renown to the human leader, Moses.
The two purposes in 20:20 correlate with the sense of the future-king pas-
sage and the curses that follow it, that the king uphold Hammurabi’s legislation,
in other words, not sin. Both texts ensure obedience by describing the manifes-
tation of perilous divine power, theophany or curses. Both texts also speak of
the fear of deity. The passage in Exodus says that the god has come so that his
fear will be on the people; part of the disobedient future king’s sin is that “he
has not feared the curses of the gods” (errēt ilī lā īdurma; col. 49:25–26), the
very curses that demonstrate the gods’ power.
An overview of the correlations between the storm-theophany narrative
with the passages just discussed shows that nearly every major theme of the
former has a correlation with the latter: appearance before the sovereign (lit-
erally or symbolically), hearing the spoken law, confidence in the human law
mediator or giver, a demand for obedience, and insuring obedience through
the manifestation of fear-causing divine power. All of this is in addition to the
motif of the god’s coming with which we started our discussion of the storm-
theophany narrative. In view of the legal correlations between CC and LH and
the other narrative correlations between CC’s narrative and LH, it is reasonable
to hypothesize that the epilogue influenced the outlines of the storm-theophany
story. If so, the biblical story has radically transformed the sense of what it
borrowed. This can largely be ascribed to the grand theological transformation
of replacing the human with the divine lawgiver. This allowed CC to recast the
particular and limited legal audiences of the epilogue, the wronged man and
the future king, as the nation Israel. Remember that CC similarly generalized
the audience in using the wronged-man and future-king passages as stimuli
for the festival and judicial laws in 23:14–19 and 23:1–8.
The conclusion of the storm theophany narrative would have been in 24:3–8
or a delimited version thereof:76
24:3
Moses came and told the people all the words of Yahweh. . . . All of
the people answered unanimously and said: “We will do the things that
Yahweh has spoken.” 4Moses wrote all the words of Yahweh. He arose
early and built an altar at the foot of the mountain, with twelve stelae for
the twelve tribes of Israel. 5He dispatched young men of the Israelites
to offer burnt offerings and sacrifice bulls as well-being sacrifices to
Yahweh. 6Moses took half of the blood and put it in bowls and sprinkled
the other half on the altar. 7He took the covenant document and read it
aloud to the people. They said: “Everything that Yahweh has spoken we
will do and heed.” 8Moses took the blood and aspersed it on the people,
saying: “This is the covenant blood that Yahweh made with you regard-
ing all of these words.”
The description in verse 4 may have been influenced by the model of the stela
and statue of LH as reflected in the epilogue. The verse does not go as far as to
say that Moses wrote the law text on the stelae,77 but the verses do speak of the
collocation of the stelae by an altar, the symbol of the sovereign. In any case,
Moses publishes the law.78 As noted already, the sacrifice and the reference
to the mountain in verse 4 appear to correlate with the statement anticipating
worship on the mountain in 3:12, part of CCN. The building of the altar also
corresponds with the instructions at the beginning of CC in 20:24–26.
A number of analyses have concluded that 24:3–8 is Deuteronomistic, chiefly
because of the appearance of covenant in verse 8. Recall that the discussion
earlier in this chapter suggested that treaty ideas may have already influenced
CC in the curse of 22:23. If so, the covenant of verse 8 may not be out of place in
the conceptual hermeneutics of CC. Given the close date of CC and its narrative
to the creation of Deuteronomy, Exodus 24:3–8 may be proto-Deuteronomic. It
was perhaps here that the notion of covenant and treaty as a primary model and
source for Deuteronomy was born.
An account of CC’s narrative is not complete without saying something
about the Decalogue, which lies in CC’s immediate narrative context. I make
here only basic observations. First, the Decalogue most reasonably belongs to
the narrative block about the storm theophany. Its original location seems to
have been between 19:19 and 20:18. The fire theophany material, previously
identified, and 19:20–25, related to this other narrative, were presumably not
part of the context when the Decalogue was added.79 Second, although some
have argued that CC is secondary to the context and perhaps even influenced
by the Decalogue, the more reasonable argument, especially in view of CC’s
sources described in this study, is that the Decalogue is secondary. The previ-
ous description shows that CC fits well where it is. The Decalogue, on the other
hand, is less natural in its context. The people’s fearful response makes better
sense after hearing a numinous manifestation of divine thunder (‫ ;קול\קולת‬cf.
20:18), not the revelation of law (though see 20:22b and n. 83). Furthermore,
the Decalogue may partly be a summary of CC, as Kratz has contended,80 or
at least influenced by its content, inserted to provide an anticipatory summary
of the longer revelation accessible to the lay community.81 If the Decalogue is
secondary in the storm theophany narrative, it would nonetheless have been
inserted prior to the creation of the introductory material to Deuteronomy.
Deuteronomy 5, for example, indicates that both CC and the Decalogue are
present in the narrative that it used. It accepts the Decalogue as a valid revela-
tion, cites it nearly verbatim, but replaces the content of CC with its own laws
in chapters 12–26, which also revise some of CC’s laws.82 The description of
lawgiving in Deut 4:9–14 also provides a similar summary: the deity spoke the
Decalogue, and the people heard. Immediately thereafter, he spoke other laws,
those that Moses is about to lay out in chapters 12–26.83
According to this analysis, the Golden Calf story, whose interest is is the
destruction and restoration of tablets inscribed with the Decalogue, would be
part of the updating of CCN with the Decalogue (e.g., Exodus 24:12–15, 18b;
32:1–24 [without ‫ העדת‬in v. 15], 30–35[?]; 34:1, 4 [without ‫ וישכם משה בבקר‬and
‫]סיני‬, 28). Its secondary character relative to the basic CCN is partly seen in its
adding another ascent up the mountain to get the tablets after the conclusion of
the storm-theophany account (24:12–15). To the extent that this story is thought
to reflect northern concerns (cf. 1 Kings 12:28), it is after-the-fact rumination
about the fall of Israel to the Assyrians.84
Before drawing some broad chronological conclusions, we must note another
passage in the narrative of Exodus that appears to use Mesopotamian source
data for ideological purposes and that therefore may have been part of CCN.
In the present context of Exodus, not many verses before the description of the
revelation of the divine name to Moses in Exodus 3, we find the story of Moses’
birth and rescue in Exodus 1:22–2:10. According to this, he was born in secret
to a Levite mother, who preserved him by placing him in a reed basket sealed
with pitch on the Nile, to be rescued by the daughter of Pharaoh. The story is
similar to the legend about the birth of Sargon of Agade:
I am Sargon, mighty king, king of Agade. My mother was an ēntu-
priestess. I did not know my father. The brother of my father dwelt in
the mountains. My city is Azuprianu, which is situated on the Euphrates
bank. (My) ēntu-priestess mother conceived me. She bore me in secret.
She put me in a reed basket. She put pitch on its opening. She abandoned
me in the river from which I could not escape. The river bore me off. It
carried me to Aqqi, the water drawer. Aqqi, the water drawer, took me
out when he was submersing his bucket. Aqqi, the water drawer, raised
me as his son.85
It is possible that the similarities in the biblical and Akkadian stories are due
to independent development.86 Yet the thesis of this study gives us new reason
to consider possible dependence, a conclusion made in some recent studies.87
The Akkadian story is known only in tablets from the time that this study
has set down for CC: two Neo-Assyrian copies and a Neo-Babylonian copy.88
Assyriologists believe that the story may have been of ideological interest to
Sargon II (721–705), the namesake of the earlier Akkadian king. It may have
been revived or even composed at the time of the later king, to provide support
for his rule.89 Given CC’s use of LH in this period for reconstructing its nation’s
early history, and given that Israelites and Judeans would probably have known
something about Sargon II and his reign, in that he was the one who quelled
rebellions after Shalmaneser V’s conquest of Israel or may himself have con-
quered Israel,90 it is possible that CCN drew on the story of Sargon of Agade
Mesopotamian king to help devise the biography of Moses.91 CCN would have
recontextualized Sargon’s exposure to fit the context of Egyptian domination
in early Israelite history, a strategy matching CC’s contextualization of foreign
oppression in Egypt. With the birth story as part of its narrative, CCN as a
whole would have given greater context and voice to CC’s anti-Assyrian pro-
clivity. By using traditions about great paradigmatic kings of Mesopotamia—
Sargon of Agade and Hammurabi of Babylon—to describe the career of Israel’s
founding prophet, which includes the revelation of law, the entire narrative was
able to contend with claims of cultural and political superiority coming from
foreign imperial powers.
If the narrative’s association with the Sargon story is accepted, then the
chronological scope for CC and its narrative would have to be narrowed some-
what. Their earliest date would be somewhere in the time of Sargon II, no
earlier than about 710 BCE. Hence the time for creating CC and CCN would
be 710–640, and 700 seems to be a reasonable approximation for purposes of
abbreviated discussion. The narrative associated with CC at this stage could

have been rather limited. In fact, it could have been brief enough to be monu-
mentally inscribed, although I would not press for this Sitz im Leben. If the
Decalogue was added at a subsequent stage of CCN, this would have been
toward the middle of the seventh century, before the writing of Deuteronomy’s
introduction, which reflects the Decalogue of Exodus situated in CCN. CC’s
narrative could have been substantially expanded at this stage. This expansion
of CCN could have overlapped somewhat with the creation of Deuteronomy’s
basic laws, which themselves were created just after the middle of the seventh
century. The chronological proximity of CC and its growing narrative to the
creation of Deuteronomy helps explain perceived Deuteronomistic features in
the non-Priestly narrative of the Tetrateuch. Being developed just before and
contemporary with the development of Deuteronomy, Deuteronomistic fea-
tures may be considered proto- and even co-Deuteronomic. They constitute
the specific scribal matrix out of which the Deuteronomic and Deuteronomistic
school developed.92
Conclusion
The foregoing examination significantly alters our understanding of the rela-

tionship of the apodictic laws to the casuistic laws and the nature of CC as a
whole. On an immediate compositional level, the two genres manifested in
CC have their primary origin or stimulus in LH and arise together as part of
a unified document. The apodictic laws are not a later supplement, added by
redactors who, for their own theological and literary purposes, commandeered
a preexisting and rather secular collection of casuistic law that derived from
or reflected everyday practice. It is possible that the apodictic laws entail two
redactional strata, marked by a difference in second-person singular and plu-
ral forms. But interpreting this stylistic feature diachronically ignores other
factors responsible for generating a diversity in style and content, including
context, sources, and structure. In view of these various considerations, it is
reasonable to conclude that the materials with divergent pronominal and ver-
bal number are all part of the original composition. In any case, the apodictic
laws have their origin in a single generation, guided by the person or persons
who knew and employed LH as a source. The whole of CC, from beginning to
end, reflects a calculated use of LH. It is difficult to identify layers that can be
viewed as existing independently from others in view of LH as a source and
thematic guide. This compositional unity, along with the Neo-Assyrian contex-
tualization of CC and its use as a source for Deuteronomy, means further that
CC is a pre-Deuteronomic composition.
The exhortatory block of LH seems to have been determinative in conceptu-
alizing CC. It provided the outline for the topical sequence in initial apodictic
laws and the two strings of the final apodictic laws along the associated chiastic
core. It also determined that the casuistic laws should begin with debt-slav-
ery and determined the prominence of the themes of poverty, cult, and justice
throughout the composition. A reason for the primacy of the influence of the
exhortatory block may have been the correlation of its themes with a story
of national oppression. The exhortatory block was the one place in LH that
emphasized the Mesopotamian king’s responsibility for protecting and allevi-
ating the suffering of the oppressed. By rewriting the exhortatory block with
Yahweh as lawgiver and protecting those under foreign rule, and placing CC
in a narrative context where Yahweh liberates his people from oppression, CC
and its narrative were able to create an expression of protest and aspiration in
the context of Assyrian domination.
This perspective on CC’s sources and goal demonstrates that the apodictic
laws were of primary concern in the creation of CC. They provide the lens
through which the casuistic laws are to be viewed, much like the prologue and
epilogue provide the lens through which Hammurabi’s casuistic laws are to be
viewed. The importance of the casuistic laws in both collections is thus less
what they say in substance about law than what they say ideologically about the
lawgiver. The respective sets of casuistic legislation are presented as reflecting
the intelligence of their promulgators. CC’s formulation presumably sought to
supplant the ideological message of LH in this regard. By solving problems in
the casuistic laws, as described in the various chapters here, it endeavored to
present a more logical and cogent law collection, despite its brevity.
Spurred by the general comparative evidence of LH, some earlier studies
sought to identify a prologue or epilogue to CC.93 The formulation of the first
and last sections of CC as apodictic law has misled most analyses to look for the
prefatory and concluding sections in the contextualizing narrative of Exodus
19–24. Certainly, parts of this narrative do provide context for CC. But these
elements must be distinguished from the sections of CC that derive composi-
tionally from the prologue and epilogue of the Mesopotamian text. CC has dis-
engaged the contextualizing function of the prologue and epilogue from their
themes. It could thus let a narrative describe when and how the revelation took
place and use the themes of the prologue and epilogue to expand its legislation.
13
Conclusions
The fundamental conclusion of this study is that the Covenant Code drew pri-
marily and directly upon the Laws of Hammurabi for its entire composition.
This use of LH took place in the Neo-Assyrian period, between 740 and 640
BCE.1 This new estimate of CC’s source and historical context has forced us in
consequence to reconsider the meaning of the individual laws, their redactional
and compositional development, and the purpose of the collection—whether it
seeks to encode or prescribe normative law or whether its meaning transcends
prescription. The evidence indicates that CC is a creative academic work, by
and large a unitary composition, whose goal is mainly ideological, to stand as
a symbolic counterstatement to the Assyrian hegemony prevailing at the time
of its composition.2
Correlations, Ideology, and Purpose
Part of the ideological intent of CC’s composition is evident in the pervasive-

ness of the influence of LH. Chapter 1 summarized the evidence for this influ-
ence. A reader will find this helpful as a review of the general argument. The
observation must be stressed, however, especially now with part II in view,
that within CC’s casuistic laws, every law or law topic is based on a stimulus
in LH, save four cases. Three of these exceptions, which have correspondences
with laws in other known cuneiform collections, do not contradict the picture
346
Conclusions 347
of primary dependence on LH, inasmuch as these cases function in support of

other laws drawn from LH. The seduction law of 22:15–16, presumably from
a source like MAL A 55–56, provides the reason for the marriage of a debtor’s
daughter to his creditor in 21:7, which itself is otherwise primarily based on
LH 117. The law about an ox goring an ox in 21:35, from a source like LE 53, is
used, along with Hammurabi’s goring ox legislation, to create more systematic
legislation in 21:28–32, which are based on LH 250–252. And the law about fire
destroying a person’s field in 22:5, similar to HtL 105–106, enlarges the context
of crop destruction that was initiated with legislation from LH in 22:4, which
reflects LH 57–58. The only significantly stray piece of legislation—the fourth
exception to dependence on LH—is the trio of participial laws at the very end
of the casuistic laws in 22:17–19. This group, however, appears to have been
attached as a miscellaneous appendix, left over from or influenced by a pre-
sumed native participial source that was used to create 21:12, 15–17. These ear-
lier participial laws are simultaneously based on or correlate with Hammurabi’s
legislation (LH 192–193, 195, 207).3
In addition to CC’s pervasive correlation in content with LH, this study fur-
nished new and decisive evidence of CC’s connection to LH: CC’s correlation
with the topical sequence of LH. We have seen that in its casuistic laws, CC
for the most part followed the order of laws from LH 117, the law on debt-
servitude (cf. 21:2–11), to LH 268–271, laws on animal rental nearly at the end
of Hammurabi’s casuistic laws (cf. 22:13–14). CC used the technique of cross-
referencing to incorporate laws and motifs from other places in LH to enlarge
the skeleton of themes from Hammurabi’s sequential context. The insertion of
motifs and laws from sources other than LH is also part of this same technique.
Now having in hindsight part II of this study, which describes the technique of
cross-referencing in detail, a reader may examine the appendix to this chapter.
This charts the correlations between CC’s casuistic laws with LH and other
sources in greater detail than the schematic description in table 1.1 of chapter
1. The expanded table makes a distinction between primary and auxiliary cor-
relations with LH. Primary correlations are those that follow the sequential
pattern of the last half of LH, starting with LH 117. Auxiliary correlations are
laws or motifs from laws that have been brought into the context of CC by
cross-referencing. This technique solves one of the questions about CC’s use
of LH: why it did not replicate the content of its source from beginning to end.
CC’s handiwork allowed it to begin its casuistic laws with a topic of ideological
importance that appears in the middle of LH, debt servitude (LH 117), and then
fold in material from other places in Hammurabi’s laws as appropriate. Thus
CC could encompass the whole of LH in summary without replicating it from
beginning to end and law for law.
CC sought to maintain the A-B-A structure of the whole of LH by surround-
ing the central casuistic laws with material of a different genre. CC did not wish
or need to reproduce the contextualizing content like that in the prologue and
epilogue of LH for various reasons, the main one being that CC was apparently
created in view of a version of the narrative of the book of Exodus, which pro-
vided the necessary contextualizing data. Therefore, CC wrote pure law in its
outer sections and formulated this in the apodictic genre to distinguish it from
the casuistic corpus at the center of the collection. The exemplar for writing
apodictic law was found in the exhortatory block of the epilogue, which con-
tains various indirect commands and prohibitions about the performance of
Hammurabi’s laws and maintaining his model of justice. As CC mimicked the
genus of this part of Hammurabi’s text, it also followed the themes of the exhor-
tatory block sequentially, and did so thrice: in the initial apodictic laws and
in each of the two parallel passages or strings of the final apodictic laws. The
duplication of the thematic sequence in the final apodictic laws was mainly the
consequence of CC’s imitating and expanding a chiastic structure visible in the
future king passage in the exhortatory block. As it formulated its own chiastic
structure in 23:1–8, CC constructed around it the two strings in parallel to each
other (string I: 22:20–30 // string II: 23:9–19). This allowed CC to emphasize
the theme of poverty at the beginning of the final apodictic laws (22:20–26) and
the theme of cult at the end (23:14–19). By this complex configuration, CC was
further able to frame the whole collection with laws on the cult (20:23–26 and
23:14–19). CC also emphasized the theme of poverty by beginning its casuistic
laws with the debt-slave laws (21:2–11). Placing the theme of poverty at the
beginning of the casuistic laws and at the beginning of the two strings of the
final apodictic laws was determined in large part by the appearance of this
theme at the beginning of the exhortatory block.
Because the exhortatory block or the prologue and epilogue could not pro-
vide the specific content for CC’s apodictic legislation, CC turned to native tra-
dition and practices to fill in many of the details. This is why the apodictic laws
appear more local in their perspective than the casuistic laws. Nevertheless,
CC appears to have included a few motifs from cuneiform law at a few points
in the apodictic laws, such as in the laws on interest and pledges (22:24–26)
and in finding a lost animal (23:4–5). Other foreign sources might have been
influential in the apodictic laws, for example, Assyrian treaty in the curse for
oppressing the poor in 22:23.4
Even though CC’s specific methods of using and transforming LH in its apo-
dictic laws are different from what is found in its casuistic laws, these two parts
of the text arose at the same time. The apodictic laws still reflect the basic tech-
nique manifested in the casuistic laws of using a framework of themes from LH
and filling this in with detail from other sources or influences. Furthermore,
CC’s particular attention to the thematic structure of its text is on the last half
of Hammurabi’s casuistic laws (from LH 117) into the first part of the epilogue,
where the exhortatory block appears. In this overall sequence, both texts shift
genre at approximately the same point, soon after their laws on rented animals
(22:13–14 // LH 268–271). The sequential use of LH thus continues across this
genre change such that, if we use the count of fourteen associated themes in the
casuistic laws given in table 1.1 (chapter 1), the correlations with LH in the final
Conclusions 349
apodictic laws extend the number to eighteen (see table 3.1 in chapter 3). This
attention to the last half of the casuistic laws and the first part of the epilogue is
indicative of a single preoccupation with and use of the source text.
It is unlikely that the creation of CC was as labor-intensive as the detailed
analysis of textual correlations in part II of this study might suggest. This study
has necessarily had to unravel and provide commentary on a creative process
that no doubt proceeded more intuitively. It is the difference, for example,
between analyzing a piece of art—literary, representational, or musical—and
the actual process that the artist used to create the work. After-the-fact exami-
nation lays out in propositional and descriptive form a variety of possible influ-
ences, motivations, and techniques used and involves a perspective on the work
quite different from that of the first creative mind. The difference is also akin to
the writing of history versus the events studied. The historian’s product is a ver-
bal reconstruction and interpretation of events that are otherwise unrepresent-
able, given their wholly other phenomenological character; the written account
is not the same as the events themselves, whose reality can never be reexperi-
enced or captured. We might imagine that the process of CC’s composition was
more linear and simpler than what the details of analysis suggest. Whether CC
made frequent reference to the sources or whether it was so familiar with its
sources that it was able to reform and recombine elements without casting an
eye on its sources may be debated case by case.5
No matter how CC specifically engaged its sources, the overall evidence
is clear that CC did in fact use these sources, particularly LH. Moreover, the
distribution of material and influences indicates that Hammurabi’s collection
was not merely a source for CC but its model. CC did not draw democratically
from a variety of sources. It sought to emulate LH in particular and supplement
this incidentally. This is remarkable in view of the fact that CC’s miscellaneous
sources may have been rather substantial (see chapter 4). We may surmise by
this fact that CC’s intent was to create a text that was, even though more limited
in scope than LH, nevertheless to be viewed as commensurate with it. CC has
preserved enough referentiality to evoke its prototype and, with this, its prestige,
at least for those who were privy to the source text.6 Yet CC has transformed its
primary source so as to be a distinct composition with its own ideological stamp.
By imitating LH, CC sought to create an Israelite or Judean collection that was
on a cultural par with the paradigmatic law collection of its overlords.
The changes that CC made to its sources are an indication of its cultural-
literary objective. In its casuistic core, CC wrote laws that sought to be more
systematic and reasonable than those in LH and supporting cuneiform sources.
This is most evident in its penalties for homicide, assault, and theft. It excluded
exorbitant and perhaps rhetorical penalties in LH, such as vicarious capital
punishment, corporal punishment and retaliation, and extreme fines. In their
place, CC provided a system of measured and sufficient compensation. At the
same time, CC increased the penalties for the goring ox, in order to provide
adequate psychological satisfaction through the expression of vengeance. Part
of its resystematization also involved the conflation of source legislation on

debt- and chattel-slaves. It is not entirely clear why this was done. It may have
grown out of purely academic interaction with the text, or perhaps it reflects a
local perspective on slavery that did not make a significant distinction between
debt- and chattel-slavery.
In its apodictic laws, CC’s primary innovation was to transform statuses and
thus to refigure the political landscape. It replaced Hammurabi with Yahweh,
thus making the god the lawgiver. In this way, the god, not the human king,
became the implied object of praise for providing law and justice. This altera-
tion amplified the authority of CC’s law in the context of political subordina-
tion to the Assyrian king, who was the cultural heir of the status and power of
Hammurabi. The new law code could thus be seen as standing even above the
decrees of foreign kings. At the same time, CC replaced the “weak” person at
the very beginning of the exhortatory block with the “immigrant” and added
the notice that the Israelites themselves had this very status when in Egypt.
Thus the divine lawgiver became the guarantor of the rights of the politically
oppressed and symbolically the benefactor of the Israelites and Judeans in a
period of Assyrian domination. In this way, CC took up Hammurabi’s empha-
sis on providing benefits to the subordinate classes in society and turned it to
its own ends. This may be part of the reason it found the exhortatory block so
useful for its composition. It also helps explain why the two strings of the final
apodictic laws, as well as the casuistic laws, begin with laws on poverty.
CC’s political aim is verified by Deuteronomy. Chapters 4 and 11 of this
study observed that one of Deuteronomy’s sources was Assyrian treaty and
specifically a text similar to the Vassal Treaties of Esarhaddon, if not that very
text. Deuteronomy converted obligations of loyalty toward the Assyrian king
to obligations toward Yahweh. This textual transformation took place in the
context or wake of Assyrian domination, probably soon after the middle of
the seventh century BCE.7 According to this study, the date of CC is not much
earlier than the basic laws of Deuteronomy, perhaps two generations at most.
Thus Deuteronomy continued the same methods that CC used: it took a foreign
text that enhanced Mesopotamian royal power and converted it into a text of
obligations toward Yahweh with a goal of, at least symbolically, asserting an
alternative ideal power structure. As such, both CC and Deuteronomy were
subversive texts. Their pseudonymous contextualization as revelations in the
past to Moses protected them against charges of treason. Having this immunity,
they could be used to foster anti-imperial sentiment and national solidarity. It
is perhaps in this context that the texts’ prescriptions gained their legislative
impact, if the documents sought to set down law to actually be followed. They
would be tools, perhaps operative in reform contexts that advanced the nation-
alistic goals of various political movements.
This perspective about CC can fruitfully be brought into dialogue with post-
colonial theory, as discussed recently by Morrow. He notes that two primary
responses to domination are rejection and subversion:8
Conclusions 351
Both represent forms of resistance by the colonized people, but these

terms describe separate processes. Rejection involves a refusal to use
the dominant culture’s language and literature, while subversion involves
appropriation for native purposes that may be at odds with the intentions
of the empire. Subversive language practices can also be described by the
concepts of hybridity or ‘mimicry.’ In effect, a colonizing power requires
the colonized subject to adapt to the outward forms and internalize the
values and norms of the occupying power. Nevertheless, by using domi-
nant narratives and texts other than they were ‘originally’ intended, the
native subject is able to reverse or challenge the process of domination.
He notes further:
Colonized peoples experience a struggle between the attraction of the

prestige culture and the need to assert their own identity. When they
appropriate literary traditions from the dominant society, there is a desire
to replicate or mimic the model of the prestige society. At times, hybrid-
ity may simply reflect a desire to imitate the dominant model, but often it
betrays a subversive agenda.
Though from the Bible’s legal literature Morrow only mentions Deuteronomy’s
use of Assyrian treaty as an example, what he says applies perfectly to the
understanding of CC advanced in this study.9
The practical and ideological improvements to LH indicate that CC sought
to write law that was better than its source or sources. Here I am not making the
questionable and apologetic claim that CC’s laws are in fact theologically and
ethically better than those of LH. There is much to resist in CC from the point
of view of a modern ethical critique, and certainly the later dependent works
of Deuteronomy and the Holiness Legislation found difficulties in CC that they
sought to resolve, though they themselves created further dilemmas for prin-
cipled readers. Rather, I am suggesting as a historical observation that from its
compositional perspective, CC revised LH and other cuneiform law with a goal
of producing a corpus that was more coherent legislatively by solving problems
and questions in its sources. The later text of Deuteronomy 4:8, speaking of
the laws of Deuteronomy, reflects nationalistic pride in Israelite and Judean
legislation when it says: “What great nation has just prescriptions and laws
like all of this instruction which I am placing before you today?” (‫ומי גוי גדול‬
‫)אשר לו חקים ומשפטים צדיקם ככל התורה הזאת אשר אנכי נתן לפניכם היום‬. Weinfeld and
Hurowitz have suggested that this may reflect knowledge of foreign law collec-
tions such as LH.10 This is a reasonable conclusion in view of what can now be
said about the sources of biblical law. The writer of this preface may have been
quite aware of the hermeneutical techniques used by the writers of CC’s and
Deuteronomy’s laws. But whether this is so or not, my argument is that this sort
of judgment, to the extent that it might be applied to CC, is not an after-the-fact
comparative evaluation but part of the compositional intent of CC.
That CC grows out of an academic refiguring of mainly foreign sources

from the Neo-Assyrian period indicates that it is not a collection of preexisting
Israelite and Judean legal practices that precipitated from a long-developing
cloud of legal tradition in the west that goes back centuries into the late or even
early second millennium BCE. It is true that CC has used native sources, tradi-
tions, and perspectives for some of its laws, especially in the apodictic sections,
as previously noted. Possible native sources include a group of participial laws
that inspired 21:12, 15–17 and 22:17–19 and, perhaps, short formulations on
justice and festivals that influenced 23:1–8 and 23:14–17, respectively.11 Local
traditions and perspectives reflected in CC may include some of the unique
features of the casuistic laws, such as stoning a goring ox or the conflation of
debt- and chattel-slaves. But if CC used such sources and traditions, we must
imagine that this adoption was just as innovative as CC’s use of Akkadian
law. Moreover, many of the features that might be ascribed to tradition could
have arisen in CC’s systematic and imaginative reworking of source materials.
Therefore, the laws of CC cannot be taken, without due critical assessment, to
reconstruct a history of legal custom in ancient Israel.
The Unity of the Covenant Code
Of all the objections that may be brought against the thesis of this study, the
most formidable seems to be the combined methods and results of literary,
form, tradition, and redaction criticism.12 Although the various works employ-
ing these methods do not agree in the details of their conclusions, they agree
that CC is not a unity and that it has grown traditionally or redactionally by
the combination of smaller units and by the accretion of layers upon layers
over centuries. This study, however, has been forced to conclude in view of
the source evidence that CC is essentially a unified composition. This does not
arise from any prior tendentiousness or interest in viewing CC as a unity. In
fact, my starting assumption was that CC was a stratified document, as argued
in the existing academic literature. But the evidence of the pervasiveness of
the influence of LH throughout CC, that CC reflects an intelligible plan based
on themes and genres in LH, plus the assumption that the use of LH more rea-
sonably occurred at a single phase of composition indicate that CC is a whole.
This does not mean that source analysis will always point to the unity of a
text. We saw in chapter 4 that Deuteronomy’s apparent use of sources, where
a basic coherent body of apodictic law was supplemented by inserting laws
from a third-person casuistic collection of laws about women and family in
Deuteronomy 21–25, indicates successive redactional development. But for CC,
the use of sources points to compositional integrity.
Consideration of the primary examples that have been believed to demon-
strate CC’s textual compositeness reveals the ultimate weakness of arguments
Conclusions 353
for the text’s redactional evolution in view of the new evidence presented in
this study:
• Current scholarship concludes with virtual unanimity that the apodictic
laws come from hands and a Sitz im Leben distinct from those behind
the casuistic laws. Yet this study has demonstrated, to the contrary, that
the apodictic laws come from the same act of composition responsible
for the casuistic laws. The different genre sections in CC, their distri-
bution, and the difference in their perspectives are the result of imitat-
ing the different genre sections of LH and the apodictic laws’ drawing
specifically on the exhortatory block of the epilogue. (See chapters 3,
11, and 12.)
• The transitional introduction at the beginning of the casuistic laws in
21:1, whose odd placement with respect to the laws before and after and
whose narrative orientation has made its originality suspect, is not an
addition. Its position derives through imitation of the similar transi-
tional introduction to Hammurabi’s casuistic laws found at the end of
the prologue. Its content is influenced by this transitional introduction
in LH and also by the introduction transitioning out of Hammurabi’s
casuistic laws into the epilogue. (See chapters 3, 11, and 12.)
• Even though they have an odd topic for the beginning of a law collec-
tion and do not flow by context and genre to the laws that immediately
follow, the debt-slavery laws in 21:2–11 are original to the composi-
tion in view of their dependence on LH and because they introduce
the casuistic laws with the theme of poverty, consistent with the initial
position of this theme in the strings of the final apodictic laws. This
thematic emphasis in both genres of the text was determined by the
priority of the theme in the exhortatory block. The other slave laws in
the casuistic laws (21:20–21, 26–27, 32) are also original because they
are generated from LH. (See chapters 5 and 6.)
• The laws on homicide and on child rebellion and kidnapping (21:12–
17), though having a participial and otherwise deviant casuistic style,
are original in view of their correspondences with the general topical
sequence that CC follows from Hammurabi’s laws (LH 207, 192–195).
The divergent style was introduced primarily by CC’s use of a law on
cursing parents from a presumed native participial source as a substi-
tute for the parent-rejection and denunciation laws of LH 192–193. CC
followed the participial form and capital penalty of this indigenous law
in the parent-striking law that it created to match LH 195. CC extended
this form and punishment to its homicide law, a version of which prob-
ably also existed in the native participial source. It also extended the
form to the kidnapping law, based on LH 14 via cross-referencing from
LH 194. The capital penalty of CC’s participial laws in this part of the
text laws led CC to extract the topic of homicide from the middle of
LH 206–208 and put it at the beginning of its assault laws. The deviant
casuistic form of verses 13–14 of the homicide law resulted from the
stylistic deviation initiated by using the participial style in verse 12, as
well as the use of motifs from the altar law in 20:24–26. (See chapters
6 and 7.)
• The miscarriage and talion laws in 21:22–27, thought to be composed of
several layers, especially the stylistically divergent talion list of verses
24–25, are a unity. CC rejected the penalty of vicarious punishment in
the miscarriage law of LH 210 and replaced it with a summary of the
nearby talion laws from LH 196–201. This led to the mixing of genres
(casuistic law and dyadic list form). The second-person verb in verse
23 comes from formulating the penalty as a general law, to apply to
all other cases of inadvertent homicide and injury. This general law
is systematically tied to the entire homicide law of verses 12–14, thus
showing further the originality of the homicide law. (See chapter 6.)
The same judgment can be made about other lesser cases of supposed sup-
plementation in CC. The law about a child as a victim of a goring ox in 21:31
is original because it is based on the ambiguity of mār awīlim “member of
the awīlum-class/son of a man,” the description of the victim in the source
law, LH 251 (chapter 8). The burglary law in 22:1–2a was probably created
at the same time as the deposit law of 22:6–8, and the deposit law appears
to be original because of its correlations with LH 265–266 and other laws on
deposit in LH, through means of cross-referencing to LH 120–126 and other
laws (chapter 9). The divergence in style in 22:8 is due to its being written as
a general rule (similar to the talion rule) and to bring the collection back to
the topical sequence of LH after CC’s having diverted to the deposit laws (also
chapter 9). The laws about animal injury and death with the accompanying
oath in 22:9–10 are original because they closely follow the pattern of LH
266 (chapter 10). The little phrase about animal rental in 22:14b is original,
based on Hammurabi’s topic of rental (also chapter 10). The seduction law
of 22:15–16, which seems out of context and awkwardly situated, is original
because it presumably derives from a cuneiform source, consistent with the
use of LH and, as noted already, provides the logic for the law that CC cre-
ated about a daughter as a candidate of debt slavery in 21:7–11 (chapter 5).
The miscellaneous participial laws of 22:17–19 appear to be part of CC’s basic
composition because they, also as noted before, come from or are inspired by
the native participial source or tradition that CC used in the main body of its
laws (21:12, 15–17; chapter 7).
The second-person plural forms in the apodictic laws are the only remain-
ing significant evidence of apparent redactional accretion. Chapter 12 allowed
for viewing these as a supplement to a first edition or draft of CC with a more
basic set of apodictic laws in second-person singular forms. But if the second-
person plural passages are secondary, they must have been added very soon
Conclusions 355
after CC’s first edition or draft and presumably under the auspices of those
who produced the first edition, because the second-person plural passages still
follow and bring in material from the thematic pattern of LH. Nevertheless,
because they follow this pattern and because other examples of textual incon-
sistency noted previously have turned out to have compositional rather than
redactional explanations, one may well hesitate about the reflexive solution
of pronouncing second-person plural forms secondary. Chapter 12 identified
other motivations for the second-person plurals that allow them to be under-
stood as original, including source and contextual influences, as well as the-
matic patterning.13
Only a few small and isolated elements of the text appear to be secondary in
the analysis of this study. These include the reference to burnt and well-being
offerings in 20:24, the prohibition of oppression with the verb ‫ לחץ‬in 22:20,
“my people” in 22:24a, the gloss explaining interest (22:24b), and perhaps the
prohibition of bribes (23:8).14 Moreover, the place of the burglary law, though
not its substance, may be secondary (22:1–2a). It is also possible that some
other incidental elements throughout CC that are not clearly connected with
sources are additions. Unfortunately, the doubt that source analysis throws on
intuiting redactional development through textual inconsistencies makes it dif-
ficult to confidently identify these additions. One will no doubt wonder how
CC has been able to remain unscathed by the hand of supplementing editors,
especially since law collections are liable to being amended and updated, as
found clearly in the Hittite Laws. But as we have noted, CC is close to the time
of Deuteronomy. It appears that CC’s updating was not made within CC itself
but in Deuteronomy, and later, in the Holiness Legislation (see later).15
When CC is understood to have used sources, much of the evidence used
for making conclusions about the incremental development of the text actu-
ally becomes evidence of its dependence on those sources. The genre and
thematic differences in the apodictic laws become evidence for the use of the
prologue and epilogue and especially the exhortatory block, the irregularities
of the miscarriage and talion laws become evidence of blending LH 196–201
with LH 209–210, and so forth. Complexities and inconsistencies in CC arose
from combining different sources or discrete parts of the same source and from
revision of the source material to produce a new composition. The tensions
that remain are not dissimilar to those remaining after the blending together
of divergent creation stories in Genesis 1–2 and especially the flood stories in
Genesis 6–9.16 The difference in the case of CC is that the blending of source
material is on a more limited and minute level and there is less interest in main-
taining the integrity of the sources. In other words, the process in CC is less
redactional and more compositional.17 Despite this new way of understanding
the creation of CC, previous critical scholarship that works with a diachronic
model is still relevant in its identification of and wrestling with tensions in the
text. These features cannot be ignored; they become points of engagement for
the new source theory.18
The Covenant Code, the Narrative of Exodus,

and the Pentateuch
The main conclusions of this study have to do with the compositional nature of
CC and its sources, as summarized to this point. But chapter 12 also explored
the broader question of CC’s relationship to the narrative of the book of Exodus.
Allowance was made for the possibility that CC was created as a work inde-
pendent of a narrative context and that, perhaps, it might originally have
been written on a stela and placed next to an altar in a temple court. But the
discussion reviewed significant evidence that CC was actually composed in
connection with a version of the narrative of Exodus. CC lacks internal con-
textualizing information and thus requires other textual material, such as that
found in the surrounding narrative, for its meaning. The analysis identified ele-
ments in Exodus that may have belonged to a contextualizing “Covenant Code
Narrative.” These included 3:1, 9–15, 21–22; 13:6; 19:2b–3a, 9a,16aβγb, 17, 19
and 20:18–20*; 24:3–8*. These passages cannot be read as a continuous story
and therefore obviously do not constitute the whole of the narrative to which
CC belonged. Further study will be required to flesh out its full extent. But
these few verses identify the players involved, set down a context of national
oppression in Egypt, provide background festival legislation echoed in CC, and
describe how CC was revealed to Moses. The analysis went further to show
that some of the verses in this narrative appear to have been influenced by
the context LH (i.e., the storm-theophany narrative in Exodus 19–20 and the
revelation of Yahweh’s name in 3:15). This was taken to mean that the basic
narrative was composed along with CC when LH was used as a source. The
analysis also suggested that the story of Moses’ birth and rescue in 2:1–10 may
have been part of this original narrative, not because CC refers to it but because
it is ideologically consistent with the use of LH. CC and its narrative would
thus have used traditions and sources about two paradigmatic Mesopotamian
kings, Sargon of Agade and Hammurabi of Babylon, to construct the biography
of Moses. If Moses’ birth story is part of CC’s narrative, and if the Sargon tale
was composed or revived under Sargon II, then the chronological window for
the creation of CC and its narrative would have to be narrowed from 740–640
to about 710–640 BCE. This would put CC firmly in a Judean matrix.
This analysis has implications for Pentateuchal studies at large. It indi-
cates that around 700 BCE there existed a text that told about Egyptian national
enslavement, the call of Moses, the revelation of the divine name, Moses’ lead-
ing the people out of slavery, the revelation of CC at a mountain as part of an
inaugural theophany, and a covenant ratification. As chapter 12 indicated, this
narrative may have been expanded and the Decalogue may have been added to
it sometime just before or around the middle of the seventh century and before
the creation of Deuteronomy.
Perhaps shortly after the middle of the seventh century, the laws of
Deuteronomy built upon the foundation of CC and its associated narrative.
This later law composition may be viewed as the direct heir of the Covenant
Conclusions 357
Code “school.” Deuteronomy used CC as a major source for its laws.19 It

also continued and developed CC’s techniques of legislative transformation.
Bernard Levinson, in his foundational study of Deuteronomy’s use of CC,
provided a summary of Deuteronomy’s techniques while addressing the ques-
tion of whether the model of inner biblical exegesis sufficiently describes what
Deuteronomy did to its source. This, in part, could be said of CC:
The concern of the authors of Deuteronomy was not to explicate older

texts but to transform them. Neither “interpretation” nor “exegesis” ade-
quately suggests the extent to which Deuteronomy radically transforms
literary and legal history in order to forge a new vision of religion and the
state. . . . If the very notion of exegesis implies the continuity of the revis-
ing text with its source, I wish to underscore the opposite: the extent to
which exegesis may make itself independent of the source text, challeng-
ing and even attempting to reverse or abrogate its substantive content, all
the while under the hermeneutical mantle of consistency with or depen-
dency upon its source. Exegesis is thus often radically transformative:
new religious, intellectual, or cultural insights are granted sanction and
legitimacy by being presented as if they derived from authoritative texts
that neither contain nor anticipate those insights.20
In addition to using CC and its narrative, Deuteronomy continued CC’s
model of using multiple sources. One of these other sources was Assyrian
treaty, as noted earlier in this chapter. CC and its narrative may have given
Deuteronomy’s scribes the idea to use treaty as a source, since treaty motifs
and style are already found, though limitedly, in the earlier composition. CC
probably provided the model for Deuteronomy’s replacement of the Assyrian
king in treaty with Yahweh. Another apparent source for Deuteronomy was a
corpus of casuistic law dealing with family, women, and related themes similar
to MAL A (as discussed in chapter 4). This source may have been an outgrowth
of CC’s use of MAL A—notes, as it were, that never made it into CC but were
passed on in the background to Deuteronomy’s scribes and eventually incor-
porated in their work. Deuteronomy also appears to have used a proto-priestly
source for its food laws (see n. 19). Thus a sizeable majority of Deuteronomy’s
laws were generated by the use and revision of sources. In addition to sources,
Deuteronomy inherited from the scribes of CC and its narrative the beginnings
of a style that would soon develop into the Deuteronomic and Deuteronomistic
idioms.
The later Holiness Legislation (HL), which includes not only the so-called
Holiness Code (Lev 17–26) but also many passages that have previously been
ascribed to the Priestly literature,21 also built to some extent on the content of CC,
as well as Deuteronomy.22 Jeffrey Stackert summarized this in a recent study:
What can be said is that the Holiness Legislation, through its simultane-
ous revision of existing Priestly law on the one hand and the Covenant
Collection and Deuteronomy on the other, creates a thoroughly “learned”
composition, a sort of “super law” that collects and distills the several law
collections (CC, D, P) that precede it. By accommodating, reformulating,
and incorporating various viewpoints from these sources, the Holiness
authors create a work that is intended to supersede them all.23
Because the Holiness Legislation used CC and Deuteronomy and because it is
chronologically proximate to those earlier compositions, created not long after
550 BCE, it is reasonable to think that it inherited its approach to legal revi-
sionism in part from scribal tradition stemming from the creation of CC and
Deuteronomy. Thus we have evidence for the continuity of scribal techniques
and sensibilities lasting nearly two hundred years, from about 700 to around
500 BCE. It appears that this tradition of legal revision and textual rewriting
continued into later centuries and was manifested in evolved form in sectarian
works such as the Temple Scroll.24
Other streams of Pentateuchal narrative may have partly responded to the
picture of national history and response to imperialism set out in CC and its
narrative. The so-called J (Yahwist) material of Genesis can be understood
as having developed this idea. Its conception of the use of the divine name
from the beginning of time appears to be a reaction to the difficulty of the
revelation of the divine name to Moses relatively late in world history, as found
in Exodus 3:15. J remedied this problem by representing the pious as “call-
ing upon the name of Yahweh” (‫ )קרא בשם יהוה‬from the beginning of time
(Gen 4:26; 12:8; 13:4; 21:33; 26:25; cf. 4:1).25 For this, it used an idiom that
related to but replaced CC’s “to recall/proclaim the (divine) name” (‫)הזכיר שם‬.
This appears to have a thematic climax in Yahweh’s emphatic declaration of
his name when he bares his glory to Moses (34: 5aβ-6) and then communi-
cates a short collection of laws (34:11–27), based in part on CC.26 As J pushed
the use of the divine name back in history to the beginning, it also pushed
Mesopotamian cultural associations back to the beginning of time. As we saw
in chapter 4, the J portion of the primordial history reflects and develops ideas
found in Mesopotamian literature and culture. The J story informs its readers
that the nation Israel ultimately derives from a Mesopotamian context. By this
depiction, J acknowledged and conceded the primacy of Mesopotamian civi-
lization. But J simultaneously undermined Mesopotamian power or prestige
by characterizing it as having developed in ways opposed to the will of the
creator Yahweh.
Priestly literature (P), eventually augmented with the Holiness Legislation,
appears to have reacted in a general way to ideas in earlier non-P narrative.27 It
followed J in starting its story at creation.28 But it purged the historical record
of cultic activity until the time of Moses, thus representing the completion of
creation in the foundation of the nation and cult at the time of Moses.29 Its pat-
tern thus coincides with that of Mesopotamian literature, such as Enuma elish
and Atrahasis, where humans were created for the cultic service of the gods and
where the act of creation sets the stage for political and national identity.30 P may
Conclusions 359
well have intentionally formulated its version of creation and national origins
in reaction to models from Mesopotamia. P’s dependence on Mesopotamian
tradition is otherwise found in its flood story. Part of P’s culmination of cre-
ation in the cult and the founding of the nation was holding the revelation of
the divine name until the time of Moses (Exod 6:2–9). In this, it followed the
Covenant Code Narrative (Exod 3:15) and rejected J’s primordialization of the
use of Yahweh’s name.31
While the content and themes of Pentateuchal literature cannot be reduced
to just a reaction against the forces of imperialism, the foregoing sketch indi-
cates that the various sources and strata of the Torah reflect at various points the
international cultural and political environment of the late eighth through the
end of the sixth centuries. Scholarship hitherto has generally ascribed correla-
tions throughout the Pentateuch with Mesopotamian thought to a long history
of oral tradition going back to the second millennium, as it has specifically in
the case of CC’s laws. Although the influence of oral tradition from centuries
past should not be left unexamined or ruled out, the question that we have
for the Pentateuch at large is the same that we had in the study of CC: Are
we to believe that points of consonance between Pentateuchal literature and
Mesopotamian tradition are to be attributed primarily to a millennium or more
of oral transmission and that they just happen to find themselves expressed in
the sources and strata of the Pentateuch that were produced precisely at a time
when Israel and primarily Judah were dominated by Mesopotamian imperial
powers? A more direct and contemporary avenue of influence recommends
itself. To be sure, a search for contemporary influences from Mesopotamia in
the Pentateuchal literature must proceed critically and judiciously. Possible
connections will become compelling only when they are part of a larger con-
textual and historical argument. But the present study and the outline of broad
influences just cited suggest that the development of the Pentateuch and its
constituents in a comparative historical and cultural context requires renewed
examination. The answers to the questions about the formation of the Torah,
which have beset scholars in the last decades, are probably not contained solely
within its own context or in the data found between the covers of the Hebrew
Bible more broadly.
Primary and Secondary Correlations in the Order of the Casuistic Laws of CC
Primary correlations Auxiliary correlations
following the topical with LH and other
CC Topic CC Passage sequence of LH sources
Male debt 21:2 basic debt-slave LH 117 son sold as

servitude law: male (son or debt-servant (father
father?) acquired, work included if ittandin is
six years, released N-stem), work three
seventh years; released fourth
21:3 wife (LH 117 wife sold)
accompanying
21:4 male slave (but LH 175 male slave + free
freeable) + slave woman, children free
woman, children owned (CC inverts)
21:5–6 slave accepts LH 282 slave rejects
Family law: 21:2–11 // LH 115–119, 127–195
master (permanent master; verbal

servitude), ver bal declaration, ear cut off
declaration, ear pierced (CC inverts)
Female 21:7 selling daughter LH 117 daughter sold as (MAL A55–56 sex
(daughter) debt-servant with unbetrothed virgin
debt requires marriage; see
servitude 22:15–16 below)
21:8 displeasure (reason cf. LH 148–149 implied
unspecified) displeasure because of
disease
21:9 designating slave LH 155–156 father
woman as wife for selects bride for son;
son; “law pertaining to daughter-in-law incest
daughters” penalized (daughter
incest penalized in
LH 154)
21:10–11 taking a LH 148–149 taking a
second wife and three second wife, requirement
means of support of support; LH 178 three
means of support (verb
ittanaššīši “he shall
support her” in both 148,
178)
Homicide 21:12–14 striking, native participial source,
inadvertent killing; homicide
sanctuary adjudication
Child 21:15 striking parents; LH 192–192 verbal influence on form from
rebellion capital penalty rejection/repudiation of native participial source
and foster parents; bodily
kidnapping mutilation
360
21:16 kidnapping; ~LH 194 (wet nurse; LH 14 kidnapping;
capital penalty bodily mutilation) capital penalty
erum erum “young child;”
“young child” form from native
participial source
21:17 cursing parents; LH 195 striking father; native participial source,
capital penalty bodily mutilation parent-cursing law
LH 196–201 talion:
eye, bone, tooth of free
person, commoner,
slave
Injury and 21:18–19 fighting, striking LH 206 fighting,
homicide injury, provide for cure striking, injury, pay
(free person) physician (free person)
LH 207 striking,
inadvertent killing,
implicit temple oath
21:20 killing one of lower LH 208 killing one LH 115 natural death of
class (slave): capital of a lower class debt-servant: no liability
liability (commoner); slaves in
socially graded laws
in nearby laws LH
196–205, 209–223
21:20 killing one of lower LH 116 beating death
class (slave): no liability of debt-servant: capital
(vv. 20–21 include liability
chattel- and debt-slaves)
Miscarriage 21:22 miscarriage: death LH 209 miscarriage;
and talion of fetus death of fetus
21: 23 miscarriage: death/ LH 210 miscarriage;
injury of woman death of woman
21:23b–25 talion (general LH 206
rule): eye, tooth, arm + simmum
leg (= bone), burn, “wound” (also LH
wound, bruise 215–220)
21:26–27 slave injury:
eye, tooth (chattel- and
debt-slaves)
LH 229–230
negligence: house
falling
Ox goring a 21:28 killing of free LH 250 killing of free
human person in ad hoc goring; person in ad hoc goring;
not liable no claim
21:29–31 killing of free LH 251 killing of a mār
person and child by an ox awīlim (ambiguously a
known to gore; capital person of the awīlum
(Continued)
361
(Continued )
Primary correlations Auxiliary correlations
following the topical with LH and other
CC Topic CC Passage sequence of LH sources
penalty or monetary class or “a child of

ransom an awīlum”) by an
ox known to gore; 30
shekels
21:32 killing of slave; 30 LH 252 killing of slave;
shekels 20 shekels
Negligence 21:33–34 digging or Cf. LH 55–56 “opening”
opening (‫ )פתח‬a pit (‫)בור‬ for irrigation; NBL
(for watering animals?); 3 “opening” (petû)
animal falls in a “well” (būru) for
irrigation
Ox goring 21:35 ox killed by another LE 53 ox killed by
an ox ox in ad hoc goring; equal another ox in ad hoc
division goring; equal division
21:36 ox killed by an ox 21:36 based on 21:29
known to gore
Animal 21:37 animal theft, LH 253–266:
theft and animal sold/killed, agricultural (seed/
burglary five/fourfold penalty animal) theft;
————————
LH 253 seed stolen,
found in possession; LH
254 stored grain taken,
twofold penalty
22:1–2a burglary, LH 21 tunneling;
tunneling, burglar may be burglar killed; LE
killed at night without 13 allows killing of
liability (conceptually, burglar at night; another
this burglary law fits cuneiform source with
best after 22:6; see the a law like Roman 12
connection of 22:6 to Tables VIII.12 may be
LH 21, below) influential
22:2b-3 theft, animal LH 265 animal stolen,
found in possession, sold, tenfold penalty
twofold penalty
Grazing 22:4 grazing; possibly LH 57–58 grazing; two
and fire in two cases: letting graze cases: letting animals
a field or (!) releasing animals to graze and releasing
graze in another person’s animals to graze in
field another person’s field
22:5 fire destroying HtL 105–106 fire
another person’s crop destroys another person’s
crop
362
Deposit 22:6 safekeeping of silver LH 265–266 ana re’îm LH 122–125 (120–126)
(generative or objects; theft; thief nadānum” to give for ana maarūtim
context for found; twofold penalty shepherding” nadānum “to give
burglary for safekeeping”; LH
law in 122, 124 “silver, gold,
22:1–2a) or anything given for
safekeeping”; LH 124,
126 twofold penalty;
pilšum “tunneling” in
LH 126 leads to palāšum
“burglary” in LH 21; in
contiguous LH 22 robber
is seized
22:7 thief not found; oath LH 23 robber not
of innocence seized; LH 120, 126
legal declarations of
innocence (also LE 37)
22:8 general rule about LH 266 declaration other declarations in LH
judicial declarations 9, 23, 120, 126
Injury and 22:9–10 accidental animal LH 266 animal (influence from context
death of death/loss; declaration to killed by god or of deposit in v. 22:6–8)
animals god; owner’s acceptance lion; declaration of
innocence before god;
owner’s acceptance
22:11 animal stolen cf. LH 267 shepherd
from shepherd; single negligent and animals
repayment perish; single
repayment
22:12 animal preyed upon LH 266 predation, native influence? (cf.
but carcass remains; declaration of Amos 3:12; Gen 31:39;
produce evidence; no innocence cf. LH 244, 249)
repayment
Animal 22:13–14 two cases, LH 268–271 animal LH 244–249 injury/death
rental depending on presence of rental (“If a man rents of rented animals
owner, rental included an ox . . . ”), but these
deal with rates of hire
Seduction 22:15–16 seduction, MAL A 55–56 rape/
unbetrothed maiden, seduction, unbetrothed
marriage, bride-price, virgin, marriage, bride-
possible father’s refusal price, father’s refusal
(this law justifies
daughter marriage in
21:7–11)
Mis- 22:17–19 sorcery, possible native participial
cellaneous bestiality, sacrificing to source; see 21:12, 15–17;
participial other gods sorcery in MAL A 47
laws
363
Notes
Chapter 1
1. I retain the commonly used term “Covenant Code,” which is based on the term
‫“ ספר הברית‬document of the covenant” in Exodus 24:7, even though the work is not a law
code, especially in the interpretation that this study advances. Verse numbers in this
study follow the BHS for chapters 20 and 22. In some versions, 20:23–26 = 20:20–23
(e.g., NJPS) and 21:37–22:30 = 22:1–31 (e.g., RSV).
2. The terms casuistic (“if . . . then . . . ” law) and apodictic (“do this/don’t do that”
law) are used to refer to the legal forms that prevail in these respective sections.
3. See later in this chapter and throughout this study for various views.
4. See primarily Horowitz, Oshima, and Sanders, Cuneiform; Horowitz, Oshima,
and Sanders, “Bibliographical List.” Previous discussions include Carr, Tablet, 47–61;
Finkelstein, Ox, 19; Otto, Körperverletzungen, 175–179; Rothenbusch, Rechtssammlung,
481–486; Wright, “Laws of Hammurabi as a Source,” 50–51.
5. See chapter 4.
6. See Tov, Textual Criticism, 313–349.
7. See, for example, Tigay, Empirical Models and Evolution of the Gilgamesh Epic.
8. Lieberman (“Are Biblical Parallels Euclidean?” 91) warns against naiveté in
thinking that “the written sources at our disposal represent the only version available
at the time, or—more relevant—that they precisely reflect the version to which the
Biblical writer was responding.”
9. Goetze (“Mesopotamian Laws and the Historian,” 116) observed: “Nothing
was therefore more natural than to raise the question as to the relationship between
Hammurapi’s law and the Jewish laws. . . . Pan-Babylonianism was then en vogue and
365
366 Notes to Pages 6–16
therefore it is hardly surprising to find the opinion dominant that just as, e.g., the story of
creation and that of the deluge had come to the Jews from Babylon, so also Babylonian
laws were the source from which the Israelites drew inspiration. Although there is little
merit in this all too simple and naive solution of the problem, there was nevertheless
considerable merit in posing it. It has remained alive ever since.”
10. See Wright, Disposal, 5–9.
11. See chapter 4.
12. The Elamite king Shutruk-nahhunte took the stela to Susa from the Ebabbara
temple in the Mesopotamian city Sippar as a war trophy (cf. Hurowitz, Inu Anum
īrum, 1, 10; Kuhrt, Ancient Near East 1:372; for the custom in Assyria, see Kravitz,
Divine Trophies). The primary monumental copy of Hammurabi’s text was erected in
the Esagil temple of Babylon, as indicated by the epilogue of the text.
13. Scheil, Textes élamites-sémitiques.
14. The comparison in this study will proceed on the basis of the form of LH as
found in the Louvre stela from Susa, since it turns out that variants in other texts (stone
fragments and clay tablets) are relatively minor. See chapter 4, nn. 133, 135.
15. The reasons for including 22:17–19 with the casuistic part of the collection will
become clear in the study of the participial and apodictic laws in chapters 3, 6, 7, and
11. These verses are a supplement to the main casuistic laws. The final apodictic laws
as a topical unit, determined by source correlations, start in 22:20.
16. Translations of Near Eastern texts throughout are mine, except where noted. For
recent English translations of LH, see Roth, Collections, 71–142; Roth, COS, 2: 335–353
(text 2.131); Richardson, Hammurabi’s Laws.
17. Malul, Comparative Method, 159 (cited later in this chapter).
18. This study did not originate from a concern about the order of CC’s or
Hammurabi’s laws. CC could still be dependent on LH but not have used it in a sequen-
tial fashion, much as Deuteronomy used the laws of CC (see chapter 13, n. 19). In such
a case, one would have to raise questions about the organizational principles of CC
apart from the question of dependence on LH. It turns out, however, that CC used LH
as a topical guide. This means that other explanations of CC’s order have not satisfac-
torily explained the text’s organization, whether on the basis of common Near Eastern
legal logic, imitation of other collections such as the Decalogue, or as a grand chiastic
structure or collection of lesser chiastic structures. For works concerned with the order-
ing of laws, see Braulik, “Sequence,” 318 (and passim); Chirichigno, Debt-Slavery,
186–187 n. 2; Jackson, Wisdom-Laws, 445–453; Kaufman, “Structure of Deuteronomic
Law”; “Second Table of the Decalogue”; Levinson, “First Constitution,” 1873 n. 82;
“Hermeneutics of Innovation,” 2–77; Mendenhall, “Ancient Oriental and Biblical
Law,” 38–39; Otto, Rechtsgeschichte; “Gesetzesfortschreibung,” 378–380; Wandel,
66–67; Körperverletzungen, 169 n. 2; Petschow, “Systematik”; Sauren, “Aufbau”;
Schwienhorst-Schönberger, Bundesbuch, 44–51. For critique of analyses of chiastic
patterns in CC, see Wright, “Fallacies.”
19. Wright, “Laws of Hammurabi as a Source,” 35–37; “Compositional Logic,”
94–95 n. 3.
20. The x-member in table 1.5 may be considered secondary or may be original,
augmenting the structure to mark its closure.
21. This attitude is summarized by Jackson (“Evolution and Foreign Influence,”
373–74): “ ‘Influence’ has become almost a dirty word in legal history. In no small
measure this appears to be the result of a concrete situation. In 1902 the publication of
Notes to Pages 16–16 367
the Code of Hammurabi led to a plethora of writing in many cases designed to prove
Babylonian influence upon the law codes of the Old Testament, and in particular upon
the so-called ‘Covenant Code.’ . . . Many of the alleged examples of influence were, to
say the least, dubious. In some the comparisons were entirely facile and superficial.
In others there was a possibility of influence, but such influence could not be proved
conclusively. In turn a reaction against the extremes proposed by some of these scholars
developed. It was noted that many of the parallels could be explained upon the basis
of independent parallel development, the underlying assumption being that legal sys-
tems faced with similar problems will tend to produce solutions which are similar. . . . ”
Jackson adds, “However, this reaction has probably gone too far. Scholars rightly
demand the very best evidence to prove influence. From the very nature of the existing
data such evidence is not always forthcoming. Yet there is more evidence than is gener-
ally supposed, and, although it is in a relatively small number of cases only that one can
prove influence conclusively, there are enough cases in which one is able to assert more
than a mere possibility.”
22. Boecker, Law, 154 (Recht, 133–134).
23. Koschaker, “Keilschriftrecht,” 31–32 (translation from Boecker, Law, 154): “Die
Zeiten, da man aus inhaltlicher Übereinstimmung von Rechtssätzen in zwei verschie-
denen Rechten ohne weiteres auf Entlehnung aus dem älteren Rechte schloß . . . sind
vorüber, oder besser gesagt, sollten vorüber sein. Die Anwendung der komparativen
Methode in der Rechtsgeschichte hat uns gelehrt, daß wir in weitem Umgange mit
unabhängiger Parallelentwicklung rechnen müssen, ja daß diese sogar die zunäch-
stliegende Erklärung für Übereinstimmungen in verschiedenen Rechten gibt und
Rezeptionen und sonstige Beeinflussungen nur angenommen werden dürfen, wenn
sie bewiesen oder wegnigstens wahrscheinlich gemacht werden können. . . . Jedenfalls
wäre es eine primitive Vorstellung, zu glauben, daß man Rechtssätze importiert wie
eine ausländische Ware.” Cited also by Schwienhorst-Schönberger, Bundesbuch, 243–
244. In apparent contradiction to Koschaker, Fitzpatrick-McKinley (Transformation
of Torah, 64, based on Watson, Legal Transplants, 22–24, which refers to the goring
ox laws of LE, LH, and CC, though see his pp. 19–30 for broader context) says that
“legal philosophers generally accept that in the main, at most periods of history and in
most places, law develops through a process of borrowing.” She observes (p. 69) that
Watson (Legal Transplants, 57, 88–90, 95–101; Evolution of Law, 115–119) notes three
determinants for borrowing: (1) “that the donor system be held in some esteem by the
legal specialists responsible for borrowing”; (2) “that the legal materials of the donor
system are accessible”; (3) the “absence of plausible rivals to the chosen donor system.”
A consonance between the actual existing legal practices of the borrower and the cus-
toms in the borrowed materials is not necessary. She makes three conclusions (p. 70):
(1) “Legal rules of any society are likely to have been greatly influenced by rules bor-
rowed from another system. Thus, they most likely do not reflect in any definitive way
the underlying ethos of a people”; (2) “since legal rules do not arise out of common or
established social practice, nor out of the experiences of the codifying society, they are
not particularly related to that society’s social practices or norms”; and (3) “the relation-
ship between legal development and social development is not one of correlativity. It is
more accurately described as one of relative independence.”
24. Compare similarly Johns (Relations, 50): “Now on such a view of the gen-
eral similarities many have expressed the opinion that the Hebrew laws are a more or
less revised adaptation of the Babylonian law, perhaps as locally already modified in
Canaan to suit the prejudices of the invaders while they were changing their habits of
life and became a settled people. But this view is not vivid enough for others. There
is a certain delight which some feel in propounding views calculated to shock some
one. The cruder view that the Hebrew lawgiver, call him Moses or some higher critical
periphrasis for the same thing, sat down with a cuneiform copy of the Code [LH] before
him and copied out the Babylonian laws with some adaptations, may have been enunci-
ated with some such amiable wish, but was too crude to disturb any one. It is barely
worth record. The differences between the Codes are too important for us to adopt it.
If he made a copy it was a very bad copy.” See also Meek (Hebrew Origins, 69): “All
these similarities . . . can scarcely be regarded as wholly accidental. There must be some
connection between the two codes, but the connection is not such as to indicate direct
borrowing. No one today argues that. Whatever borrowing there was came indirectly,
either through common inheritance or through Canaanite influence, or much more
likely through both ways”; Fensham (“Extra-biblical Material,” 54): “It is explicable
that certain [past] scholars took the view that e.g. parts of the Covenant Code of the Old
Testament are either directly borrowed from the Code of Hammurapi or are taken over
and expanded to meet the needs of the Hebrew community. Not a single scholar will
agree with this view today.” Morgenstern (“Book of the Covenant, Part II,” 243) calls a
genetic theory “almost naive in its simplicity.” He then goes on (pp. 241–256) to argue
that CC’s laws reflect a stage of legislation earlier than LH and cuneiform law and is
closer to Bedouin custom. See also Blenkinsopp, Wisdom and Law, 96.
25. Alt, “Origins,” 97–98.
26. Preiser, “Vergeltung,” 243–244 (“Eine unmittelbare literarische Abhängigkeit
von dem ‘Gesetz’ des Hammurabi oder einer anderen der uns inzwischen bekannt-
gewordenen vorderasiatischen Rechtssammlungen . . . ist nicht zu erweisen; sei ist, bei
dem außerordentlichen zeitlichen und örtlichen Abstand . . . auch alles andere als wahrs-
cheinlich”; translation from Boecker, Law, 155; cf. Recht, 134).
27. Boecker, Law, 155 (Recht, 134).
28. Rothenbusch, Rechtssammlung, 25 (my translation): “Man wird diese ersten
Versuche, an deren methodischer Unzulänglichkeit sich heftige Kritik entzündete, als
‘naive’ Vorstellungen über einen komplizierten kulturellen Transfer verstehen dürfen,
die insbesondere dessen sozio-ökonomische Bedingungen noch ganz vernachlässigten.”
29. Otto, “Review of Van Seters,” 6 (German version, 276–277).
30. Otto here refers to his Körperverletzungen, 147–164.
31. For early arguments about a direct or indirect literary connections, see Müller,
Gesetze Hammurabis (1902–3), 210–221 (CC and LH have a common parent text; cf.
Johns, “Three New Books [1904],” 398); Jeremias, Moses und Hammurabi (1903),
33–63 (with a detailed side-by-side listing of similar laws on pp. 36–44; similari-
ties are due to a common Arabian matrix, pp. 62–63); Kent, “Recently Discovered
Civil Code of Hammurabi (1903)” (similarities reflect a common heritage, with the
biblical code being more primitive; in his Israel’s Laws [1907] 6–7, 11, he speaks
of inheritance from Semitic tradition); Duncan, “The Code of Moses and the Code
of Hammurabi” (1904) (Israelites took up laws from the culture of Palestine, which
knew the Babylonian laws); Edwards, Hammurabi Code (1904), 132 (“the Hammurabi
Code must have been the immediate or remote progenitor of the Hebrew legal sys-
tem”); Prince, “Code of Hammurabi (1904),” 609 (“the first Abrahamic horde left the
East . . . carrying with them those Babylonian traditions which resulted . . . in the Mosaic
legal system”); Johns, Relations (1914), 51 (“a theory of common [perhaps Semitic]
origin will suffice to account for the likenesses”); Gressmann, Geschichtsschreibung

(2nd ed., 1921), 221 (the actual text of LH or a later Babylonian law book was known in
Canaan); Jirku, Kommentar (1923), 91 (the form and content are so similar that CC must
come from direct or indirect contact; see his table, p. 93); Jepsen, Bundesbuch (1927),
80 and see 55–81 generally (the casuistic laws of CC drew from a work available in Asia
Minor, Palestine, and Assyria that also served as a basis for LH, the Hittite laws, and the
Middle Assyrian Laws); Bonkamp, Die Bibel (1939), 221–224 (Amraphel in Genesis 14
is Hammurabi and his laws were known in Palestine at the time of Abraham); Cazelles,
Études (1946), 147–168, esp. 155–156 (CC may have known LH and used it in very free
manner; in his “L’auteur du code de l’alliance (1945),” he ascribes authorship to Moses);
Bright, History (3rd ed., 1981), 89–90 (legal traditions of CC were “brought to Palestine
by groups who had migrated in the course of the second millennium from lands
where the Mesopotamian traditions of jurisprudence was known”). For summaries of
the various views, see Otto, Körperverletzungen, 11–24; Schwienhorst-Schönberger,
Bundesbuch, 240–243; Van Seters, Law Book, 8–46; for an early summary of early
views, see Vincent, “Laws of Hammurabi,” 746–747.
32. For recent detailed reviews of the scholarship on CC, see Fitzpatrick-McKinley,
Transformation of Torah, 11–53; Jackson, Wisdom-Laws, 3–39, 406–411; Otto,
Körperverletzungen, 11–24; “Bedeutung,” 139–141; Rothenbusch, Rechtssammlung,
17–19, 23–91; Schwienhorst-Schönberger, Bundesbuch, 8–22, 238–254; Van Seters,
Law Book, 8–46. For less extensive reviews, see Houtman, Exodus, 3:78–98; Levinson,
Deuteronomy, 11–13; Marshall, Israel, 5–26; Propp, Exodus 19–40, 306.
33. Otto says that the recognized starting point of study is “that sentences of Israelite
casuistic law had their traditional historical roots in Israelite trial records” (“Town,” 4,
18; he bases this on the work of Liedke, Gestalt, 39–42, and Locher, Ehre, 83–110).
One of his reasons for supposing independent genesis is the difficulty of explaining
how Mesopotamian law influenced Israelite law (see his “Town,” 6, cf. p. 18; similarly
Körperverletzungen, 171–173).
34. Otto, Körperverletzungen, 169–170, 173, 179–187. He says (pp. 169–170):
“Während die israelitischen Einzelrechtssätze von Keilschriftrechten überlief-
erungsgeschichtlich unabhängig enstanden sind, haben die Redaktionen der
Rechtssatzsammlungen Anteil an der Rechtskultur der Keilschriftrechte” (“While the
individual Israelite laws developed independently of cuneiform laws from a tradition-
historical point of view, the redactions of the law collections have a connection to the
legal culture of cuneiform laws”; my translation; cf. his conclusion in “Town,” 20).
Otto goes on to say (Körperverletzungen, 171, 172–173): “In dem bäuerlichen Milieu
der Ortsgerichtsbarkeit als traditionshistorischem Wurzelgrund der kasuistischen
Rechtssätze [of CC] ist die Kenntnis internationaler Rechtsgelehrsamkeit eher unwahr-
scheinlich. Dies gilt auch dann, wenn man mit ‘kanaanäischen’ Ursprüngen des Volkes
Israel im Kulturland rechnen will, läßt sich doch eine Herkunft aus urbanem Kontext
der Spätbronzezeit nicht wahrscheinlich machen. . . . Eine Rezeption keilschriftlicher
Rechtsüberlieferungen ist in diesem Hirtenmilieu [the socioeconomic context out of
which Otto supposes that Israel arose] wie auch in dem dörflichen Milieus des eisen-
zeitlichen Israel eher unwahrscheinlich” (“The knowledge of international legal schol-
arship in the rural context of the local courts as the tradition-historical matrix of the
casuistic laws [of CC] is rather unlikely. Likewise, when one considers the ‘Canaanite’
origins of the people of Israel in the agricultural land, an origin from the urban context
of the Late Bronze Age does not seem probable. . . . A reception of the cuneiform legal
tradition in this pastoral context as well as in the village context of Iron Age Israel is
unlikely”). He also notes in his discussion that his reconstructed original individual laws
in some respects appear to be more archaic than those of LH (or LE). This precludes a
literary connection. See further Otto, “Bedeutung,” 142–143; “Town,” 7, 16–20.
35. Otto, Körperverletzungen, 11–24, 123–134, 147–148, 158–165, esp. 133–134,
160–162, 165.
36. See David, “Codex Hammurabi”; Grimme, Das Gesetz Chammurabis und
Moses, 36–43; Hertz, “Ancient Semitic Codes,” 214–221; and Van Selms, “Goring Ox.”
David (p. 178) concluded: “To my mind there is even no indication whatsoever that
the Biblical legislator has known the C.H. [= LH] and has been influenced by it in any
way” and (p. 153) “such parallels cannot possibly upset the thesis that the Old-Israelitic
law contained in Exodus xxi sqq. on the one hand and the law of the C.H. on the other
are independent of each other after all. It is neither possible to derive one law from
the other nor can it be proved in any way whatsoever that both institutions of law are
founded on a common original law.” Van Selms (p. 325) observed: “When one studies
[the] differences between C. H. and the Book of the Covenant, it becomes quite clear
that the Hebrew law cannot be a derivation from the Babylonian code. . . . [Some differ-
ences] show that the Israelite conception is more ‘primitive’ than the Babylonian. . . . if
we did not know anything about the date of [the two collections] we would certainly
put Ex. 21:28–32 a few centuries before C. H. § 250–252.” Van Selms’s study was a
primary object of Malul’s critique (see Malul, Comparative Method, 84–85, 116–152).
Wells (“Covenant Code”) and Westbrook (“Laws of Biblical Israel”) have most recently
made an argument for independence because of differences. See also Fensham, “The
Mišpātîm,” 47–71, 114. For the argument that differences indicate independence between
biblical law collections more generally, see Kaufmann, Religion of Israel, 166–172 (see
the contextualization and critique of Levinson, “Manumission of Hermeneutics,” 284;
Stackert, Rewriting, 7).
37. Otto, “Town,” 5–7, 20–21; “Bedeutung,” 164–165.
38. Otto, Wandel, 9–56 and passim, esp. 40, 56, 71–72; “Aspects,” 182–189. In con-
trast, 22:15–26 was not composed of individual collections (Wandel, 40). Otto sees
two different theologies of redaction in 21:2–22:26 and 22:28–23:12 and notes that the
addition of 20:24–26 to 21:2–22:26 changed the function of that group of laws (Wandel,
50–51). Otto gives a comprehensive history of CC’s laws in his “Bedeutung,” 159–168.
For a review and critique of Otto’s schema, see Chirichigno, Debt-Slavery, 189–190, n.
4; Crüsemann, Torah, 150–151; Osumi, Kompositionsgeschichte, 84–85, 91–93.
39. Westbrook, Studies, 1, 4, 40, 41.
40. Westbrook, “Nature and Origin”; Studies, 1–2. In his latest study, “Laws of
Biblical Israel,” he downplays a transfer of legal content to the Roman world.
41. Westbrook, Studies, 4, 40; “Nature and Origin,” 92–93; “Laws of Biblical
Israel,” 117.
42. Westbrook, “Laws of Biblical Israel,” 112–117.
43. Westbrook, Studies, 3.
44. Westbrook, “Nature and Origins,” 97–101. Cf. Otto, Körperverletzgungen, 17
n. 3.
45. Westbrook, “Laws of Biblical Israel,” 111. On oral tradition in the formation of
the Talmud, see Jaffee’s work, summarized in chapter 4, n. 16.
46. Westbrook, “What Is the Covenant Code,” 15–36.
47. Schwienhorst-Schönberger, Bundesbuch, 240–268, 415, see especially 255, 268.

48. Schwienhorst-Schönberger, Bundesbuch, 262–266.
49. Schwienhorst-Schönberger, Bundesbuch, 145, 156–161, 239, 252, 255, 267. For
others who see textual influence in Exod 21:35, see chapter 8, n. 12.
50. Schwienhorst-Schönberger, Bundesbuch, 135–136, 161–162, 252, 255.
51. Exod 21:12, 18–19, 22aαbα, 28–29, 32, 33aβ*b, 34aβ, 37; 22:3, 9–10*, 13abβ;
Schwienhorst-Schönberger, Bundesbuch, 234 and 236.
52. Exod 21:31, 33aαβ*γ, 34aβb–36, 22:4–5, 6–8, 11–12, 13bα, 14.
53. Exod 21:13–17, 20–21, 22aβbβ, 23–24, 26–27, 30; 22:1–2, 9–10* (especially the
Yahweh oath), 15–16.
54. Schwienhorst-Schönberger (Bundesbuch, 237) finds little Deuteronomistic
influence in the casuistic laws (only 21:25).
55. Rothenbusch, Rechtssammlung, 394–398, 481–513, 599–600.
56. Rothenbusch, Rechtssammlung, 398: “Eine unmittelbare literarische Vorlage
aus dem alten Orient, etwa der KH [= LH], kommt dafür nicht in Frage” (“A direct
literary source from the ancient Near East, such as LH, is not a consideration”).
57. Rothenbusch, Rechtssammlung, 317: “Neben den auffälligen inhaltlichen
Parallelen machen die skizzierten komplexen Übereinstimmungen von Ex 21,18–27 und
KH § 196–214 einen überlieferungsgeschichtlichen Zusammenhang beider Traditionen
m.E. jedenfalls in hohem Maß wahrscheinlich. Das wird sich im folgenden, insbeson-
dere an Ex 21,28–32, weiter bestätigen.”
58. Rothenbusch, Rechtssammlung, 329.
59. Rothenbusch, Rechtssammlung, 266, 394, 397, 600. On p. 406, he sees the slave
laws as part of the basic text of CC.
60. Rothenbusch, Rechtssammlung, 394; secondary passages include, for example,
21:26–27, 31, 36; 22:1–2a, 3, 10, plus the participially formulated laws in 21:12–17.
61. Rothenbusch, Rechtssammlung, 459.
62. Rothenbusch, Rechtssammlung, 453–456, 471–473, 561.
63. Rothenbusch, Rechtssammlung, 592–593. For a critique of Rothenbusch, see
Levinson, “Is the Covenant Code an Exilic Composition?” 290–291.
64. Jackson, Wisdom-Laws, 432–433; “Modelling,” 1771–1788.
65. Jackson, Wisdom-Laws, 333–334. He argues that the direct speeches of charac-
ters in the narratives represent “credible speech patterns to the audience of the narrator”
(p. 433) and are reflections of oral legal traditions. These prove the orality of law (pp.
435–436). He follows Otto about rural content versus urban imposition of Canaanite
scribal traditions and forms (p. 436). The reflection of custom for Jackson is not of “trial
transcripts” but of individual laws that people would call upon from oral tradition to
solve their disputes outside a court situation. He thinks (pp. 436–437) that some of the
legal ideas may have been maintained or announced in royal proclamations. He but-
tresses his argument about royal proclamations with reference to 1 Sam 30:22–25 and
Jer 34:8 (see p. 442 n. 69).
66. Jackson, Wisdom-Laws, 29–30; cf. pp. 389–395; “Modelling,” 1760–1771. For a
wisdom matrix, see also Blenkinsopp, Wisdom and Law; Gerstenberger, “Covenant and
Commandment,” 49–50; cf. Richter, Recht und Ethos.
67. Jackson, Wisdom-Laws, 10; see also pp. 23, 46–47, 439, 455. He says (pp. 31–32):
“What, then, was the form in which wisdom-laws circulated before they were writ-
ten down? I doubt that it was in the casuistic form in which we now find them, even if
individual casuistic sentences are detached from the paragraphs in which they presently
appear.”
68. Jackson, Wisdom-Laws, 281. He allows for influence from Mesopotamian mod-
els at various stages (p. 439).
69. Lambert (“Interchange of Ideas,” 312–313) notes: “the lex talionis is an inno-
vation with [Hammurabi]. . . . There is no extant corpus of Amorite law . . . but outside
Mesopotamia only Israelite law offers ‘life for life . . . ’ (Exod 21:23–24 etc.). The occur-
rence of the pair eye and tooth . . . suggests an oral dictum of great antiquity. . . . There
is of course no reason to suppose that the Hebrew lawgivers were influenced by
Hammurabi’s laws, since these laws were not observed in their own time, and survived
in Mesopotamia only as a library text, of which no fragments have yet been found in
the West. The most reasonable hypothesis is that both Mesopotamian and Palestinian
sources drew on Amorite legal traditions. . . . ” Frymer-Kensky (“Tit for Tat,” 233) notes
that “a growing body of evidence indicates that many of the ideas previously considered
Babylonian may have had their origins not in Sumer or Akkad but in the traditions of
the West Semites who began to migrate into Mesopotamian en masse around 2000 B.C.E.
Although we have no direct evidence concerning the culture of these West Semites,
their influence perhaps may be inferred whenever a given cultural phenomenon appears
as an innovation in Mesopotamia during the Old Babylonian period (after the migra-
tion of the West Semites), whenever this innovation has no clear Sumerian antecedents,
and whenever it has clear analogies in biblical thought and institutions.” She suggests
that the battle of Marduk with Tiamat, the creation of humans from the blood of a slain
god, and the notion of talion are West Semitic ideas. Goetze (“Mesopotamian Laws and
the Historian,” 119–120) notes the problems of influence of Mesopotamian law on the
west even in the fourteenth century (the Amarna Age) and points to an Amorite-type
hypothesis to explain the similarities in CC and LH. For the Amorite hypothesis, see also
Chirichigno, Debt-Slavery, 192–195; Greengus, “Biblical and Mesopotamian Law,” 66;
Mendenhall, “Ancient Oriental and Biblical Law,” 31–32, 36–37; “Amorites,” 202.
70. For this view, see nn. 24, 36, 69.
71. Greengus (“Selling of Slaves,” 10–11) says that the Middle Bronze Age was a
more likely candidate than the Late Bronze for the imparting of Mesopotamian legal
tradition into the west because of a decline of cuneiform scribal abilities in the Late
Bronze.
72. Recent miscellaneous observations allowing for some literary influence include
Barmash, Homicide, 146, 147, 204; Greengus, “Selling of Slaves,” 10–11; Fitzpatrick-
McKinley, Transformation of Torah, 54–80.
73. Finkelstein, Ox, 19.
76. Finkelstein, Ox, 5. He speaks of the mediation of the ox laws through a source
that is presently unknown on p. 34.
77. See Otto, Körperverletzungen.
78. Malul, Comparative Method, 159.
79. Houtman, Exodus, 3:91.
80. Houtman, Exodus, 3:93.
81. Van Seters, Law Book; “Cultic Laws”; “Law of the Hebrew Slave”; “Law of
the Hebrew Slave: A Continuing Debate”; “Some Observations on the Lex Talionis.”
Levinson (“Is the Covenant Code an Exilic Composition?”; “The Manumission of
Hermeneutics”) provides the most detailed critiques of Van Seters’s conclusions (see
also Otto, “Review of Van Seters”; Wright, “Review of Van Seters”; Ska, Introduction,
187–188 n. 6). Levinson nevertheless recognizes some solid contributions from Van
Seters’s study, including the argument that cuneiform legal traditions could not have
survived orally from the second millennium. To clarify matters for the history of schol-
arship, my conclusions were drawn independently of Van Seters’s book or his articles
leading up to his book.
82. Van Seters, Law Book, 57. See Fadhil, “Prolog,” for a possible stela in Sippar in
the Neo-Babylonian period (see also chapter 4, appendix).
83. See Levinson, Deuteronomy, 6–10, for the date of the basic laws of Deuteronomy
and their relationship to CC (and see his book throughout for specific textual argu-
ments). See also Lohfink, “Fortschreibung”; Otto, “Das Deuteronomium als archi-
medischer Punkt”; Das Deuteronomium; “Von Bundesbuch zum Deuteronomium”;
Rothenbusch, Rechtssammlung, 239–241; Schwienhorst-Schönberger, Bundesbuch,
284, 307, 310, 312–313, 320, 330, 415–417. For Deuteronomy’s dependence on CC, see
also chapter 13, n. 19.
84. Sparks (“Comparative Study of the Biblical ‫ נבלה‬Laws”) shares Van Seters’s
relative dating of CC and D. Sparks (Ancient Texts, 423) has also recently observed that
“the best explanation for this similarity [between CC and LH] is that the biblical author
knew the Code of Hammurabi and intentionally shaped his work so as to mimic the
older, more venerated text.”
85. Levinson, “Is the Covenant Code an Exilic Composition?” 288–297. Levinson
(“First Constitution,” 1863) also notes that “Israelite authors were well tutored in the
topical and formal conventions of cuneiform law. They drew upon the Mesopotamian
concept of a royal propounder of law but also radically transformed it in light of their
own cultural and religious priorities. . . . So close is the connection between the two
systems of law that even techniques of legal ordering seem to have been carried over,
although implemented in different ways to reflect different cultural values.” He adds (p.
1864): “This doubly-shared interest of ancient Israel’s scribes in origin myths and in the
prestigious genre of law almost certainly reflects the curriculum of the Mesopotamian
scribal school, or e.dub.ba. The detailed points of contact suggest that Israelite scribes
had direct or indirect access to certain key components of the cuneiform curriculum.”
See also Levinson, “Human Voice,” 29. Morrow (“Is There a Redactor in the House,”
118–19), based on Van Seters’s study and with reference to my first paper, admits that
LH may have influenced CC, but following Van Seters he says this probably occurred
in the exile (see later chapter 4 and n. 125 there).
86. Wells, “Covenant Code.”
87. Wells (“Sex, Lies,” 46 n. 13) carefully draws a line between a theory of “a shared
set of legal traditions across the ancient Near East” and “direct dependence of one sys-
tem or body of law on another.”
88. Wright, “The Laws of Hammurabi and the Covenant Code.” The more detailed
charting of correlations in the casuistic laws in the appendix to chapter 13 largely
results from Wells’s questions.
89. Westbrook, “Laws of Biblical Israel.”
90. Westbrook, “Laws of Biblical Israel,” 107.
91. Westbrook, “Laws of Biblical Israel,” 107.
92. Jackson (Wisdom-Laws, 16–23) critiques models of literary dependence, with
major attention devoted to Van Seters, though he includes a brief treatment of my work
(see pp. 22–23), which was published too late for him to incorporate fully. Jackson
engages with my critique of chiastic structures in a number of places (pp. 202, 446–
447, 462). Cf. the brief mention in Propp, Exodus 19–40, 306, who leaves the nature of
influence open. Van Seters, “Revision,” also provides some critique.
93. Chirichigno, Debt-Slavery, 190–195.
94. Wagner, “Zur Systematik,” 176–182.
95. Though here he does not note 21:17 and LH 192–193.
96. Chirichigno, Debt-Slavery, 193 (and p. 192).
97. I brought Chirichigno’s observations into Wright, “Compositional Logic,”
93 n. 2.
98. Wagner, “Zur Systematik,” 178, 182.
99. Chirichigno, Debt-Slavery, 192, 194 and n. 4, 195 and n. 5.
100. Van Seters, Law Book, 96–99, 173.
101. Van Seters, Law Book, 87, 99; see chapter 5, n. 14.
102. Other scholars who have noted some sequential correlations in the casuistic
laws include Waterman, “Pre-Israelite Laws” (1922), 51 and see pp. 44–52 (his unten-
able “decalogue” theory obscured a more accurate perception of sequential common-
alities); Jepsen, Untersuchungen (1927), 58 (he recognized about six of the sequential
similarities and attempted to see ordered commonalities in several law collections);
Bonkamp, Die Bibel (1939), 221–222 (he saw a number of structural parallels between
CC and LH, such as the miscarriage law following a general law about assault and the
specific ordered correlation of the goring ox laws); Paul, Studies (1970), 107 n. 1 (he
noted that “there is an interesting correlation between the order of the laws here [Exod
21:12–17] and that of LH which should be studied further”; see also pp. 73–74 n. 5,
102); Schwienhorst-Schönberger, Bundesbuch (1990), 62–63, 69 and n. 41 (he saw a few
scattered commonalities: 21:12, 18–19 are the inverse order of LH 206–207; 21:20–21
are the inverse of LH 115–116; 21:18–19 followed by v. 22 correlates with LH 206–214);
Rothenbusch, Rechtssammlung (2000), 249–250, 302, 312, 316, 317, 394–396 (he noted
similarity in the overall complex of laws in Exod 21:18–27 and LH 196–214 and that LH
and the HtL have laws on blinding and knocking out a tooth in relatively close associa-
tion). For the untenable observation that CC and Deuteronomy reflect the reverse order
of LH, see Pfeiffer, Introduction, 212–215.
103. Discussed by Otto, Körperverletzungen, 15 n. 3. On issues of method, see
broadly, Malul, Comparative Method.
104. Morrow, “Cuneiform Literacy,” 206; Tigay, “On Evaluation Claims of Literary
Borrowing.”
105. West, East Face, 630.
106. This is a major criticism made by Wells, “Covenant Code.”
107. For example, of the fourteen correspondences listed in table 1.1, ten of the top-
ics of comparison (i.e., 1, 2, 4, 5, 7, 8, 9, 11, 13, 14) have substantial verbal, conceptual,
and/or inner-structural similarity between laws in CC and LH to associate them topi-
cally, as many scholars have recognized hitherto (this will become clear in the body
of this study). The four other topics (3, 6, 12, and especially 10) have less similarity
than the other cases, but there is still sufficient verbal or conceptual similarity to jus-
tify comparison. As for the apodictic laws, their genre is different from that of the
prologue and epilogue, and the exhortatory block contains admonition rather than law
per se. Moreover, the connections with the apodictic laws are thematic and in general
structure. Nevertheless, there are significant points of precise correspondence, and the
thematic correspondences occur in multiple series, a feature that strengthens the per-
ceived correlations.
108. See n. 36.
109. Malul, Comparative Method, 149–151. In comparing versions of Gilgamesh,
Tigay (“On Evaluating Claims of Literary Borrowing,” 254–255) noted that “peripheral
versions of Mesopotamian literary texts . . . may abbreviate [Mesopotamian versions]
or even modify them in accordance with their own ideology and local interests. . . . it
means that an alleged relationship between a Biblical text or motif and some ancient
Near Eastern counterpart cannot be refuted simply by pointing to differences between
the two, even if they are numerous.”
110. Levinson, Deuteronomy, passim. Lohfink (“Fortschreibung,” 153–154, 159,
162) makes the key observation that from Deut 15:12–18 itself we could not reconstruct
the Vorlage of Exod 21:2–11. Deuteronomy has significantly changed the order of ele-
ments in its source text, has omitted significant parts thereof, and has otherwise altered
significantly what it has taken up.
111. Morrow (Scribing the Center, 116) is an example of such skepticism. He says
that “in view of the fact that many of the clauses in Exod 21:2–6 have no parallel in
Deut 15:12–18, it probably cannot be proven that 15:12–18 is dependent precisely on
the law in Exod 21:2–6.” On this issue, see Levinson, “Manumission of Hermeneutics,”
283–284 and n. 6 there.
112. Fishbane, Biblical Interpretation. For inner biblical exegesis, see Levinson
“You Must Not Add,” 10–11 nn. 20, 21; Stackert, Rewriting, 18–19, 27–29, and see
the annotated bibliographies in Levinson, Legal Revision, 95–181; L’Herméneutique,
67–94.
113. Levinson in passing refers to the operations of redactors as “redactional logic”
(“Is the Covenant Code an Exilic Composition,” 287, n. 26).
114. For the issue of prestige text, see Levinson, Deuteronomy, 13–17; Stackert,
Rewriting, 209–225, esp. 214–216.
115. For the study of textual dependence and use of sources in general, in addition
to Malul and Wells, see Carr, “Method in Determination of Direction of Dependence”;
Edenburg, “How (Not) to Murder a King”; Hays, Echoes of Scripture, 29–32; Leonard,
“Identifying Inner-Biblical Allusions”; MacDonald, The Homeric Epics, 8–9; McIver
and Carroll, “Experiments to Develop Criteria”; Poirier, “Memory, Written Sources,
and the Synoptic Problem”; Sparks, “Enūma Elish,” 627–629; Stackert, Rewriting,
18–19 and throughout; Tigay, “On Evaluating Claims of Literary Borrowing”; E. West,
“Transformation of śyaśnga.”
116. See Stackert, Rewriting, 25–26, for the need to employ an eclectic method in
the analysis of hermeneutical innovation.
117. In previous works, I have urged caution in drawing conclusions about literary
and phenomenological dependence. I still affirm these statements: “By drawing a com-
parison between the Hittite and biblical [hand-placement] gestures I do not intend to
imply that there is some sort of genetic or historical relationship between the two. It is
possible this is so. But such a connection could only be established by a broader study
of Hittite and biblical ritual forms which shows the similarity to be more than coinci-
dental and by substantial evidence indicating how ritual forms were mediated from
one culture to the next” (“Gesture,” 446; also 433–446); “While similarities [between
biblical and Hittite analogical ritual] cannot be quickly dismissed, it seems that those
we have seen so far are fortuitous, especially now after looking at the psychological and
rhetorical rationale of analogical ritual” (Wright, “Analogy,” 504, also 473–506). See
also Wright, Disposal, 5–9, and note the caution on p. 8.
Chapter 2
1. The participial laws in 21:12, 15–17 and 22:17–19 are conceptually related to
casuistic law. See chapter 6, n. 22. The talion list in 21:23b–25, though divergent in
genre, is contextually part of the casuistic formulation of 21:22–23a.
2. The appendix to chapter 13 charts the correlations in more detail, on the basis
of the analysis of part II.
3. Wright (“Laws of Hammurabi as a Source,” 73–87) lays out the text of all of the
casuistic laws side by side (in translation). Although this could be somewhat revised in
view of the evolved state of the argument in the present study, the presentation of the
texts in the early article provides a useful supplement to this book. It is not reprinted in
this book because part II compares the texts of the laws as needed.
4. For the last item in the list (“habitation”), see the discussion in chapter 5.
5. Jackson (“Modelling,” 1789–1792) puts 21:2–11 (as well as 22:15–16) under the
category of “family law” (similarly, Rothenbusch, Rechtssammlung, 226–227).
6. For similarities with HtL 10, see chapter 6.
7. This is not a perfect example of “polarity with maximal variation,” as discussed
in detail by Eichler (“Literary Structure,” 71–84), because CC does, in fact, include a
law about killing a free person. Nonetheless, the compositional-structural principle may
have been understood by the editor, allowing him to relocate the law about homicide.
8. LH, as the source of CC, helps clarify the basic sense of ‫“ אסון‬calamity.” See
chapter 6.
9. See primarily Petschow, “Systematik,” 146–172; also Eichler, “Literary Struc-
ture,” 72.
10. HtL 107 also deals with releasing animals into another person’s field and specifi-
cally mentions a vineyard, found in CC but not LH.
Chapter 3
1. On the structure of LH and the relationship of the prologue and epilogue to

the casuistic laws, see Hurowitz, Inu Anum īrum; Ries, Prolog und Epilog, 18–30.
Hurowitz argues (see especially pp. 58–61) that the whole form of LH is based on
royal inscriptions and that the laws are really an extended elaboration of one ele-
ment in such inscriptions. This means that, technically, the underlying form is not
correctly represented by the tripartite division prologue-laws-epilogue. He therefore
views the terms prologue and epilogue as imprecise or inadequate (pp. 11–12, 52).
Nevertheless, he admits (p. 6) that the A-B-A pattern “seems to be an obvious divi-
sion” of the text.
2. Chapter 12 also examines Numeruswechsel (inconsistency in the number of
pronouns and verbs) and other supposed secondary features in the apodictic laws.
In-depth reference to secondary literature on the apodictic laws is also found in
chapters 11 and 12.
3. Huffmon (“Exodus 23:4–5”) calls Exod 22:17–23:12 a “potpourri.” Pfeiffer

(“Transmission,” 99, 100) says the section has “confused structure” and “the border-
lines of the main subdivisions are . . . obscured.” Halbe (Privilegrecht, 409) says it lacks
order. For a solution to the organizational structure of Deut 21–25, see chapter 4.
4. Some analyses have started with the assumption that the repetition of
the prohibition against the immigrant in 22:20 and 23:9 forms an inclusion (see
Crüsemann, Torah, 182; Halbe, Privilegrecht, 418–421; Lohfink, “Poverty,” 41; Osumi,
Kompositionsgeschichte, 61–63). The interpretation of the structure of what lies in
between, however, is unclear, though some have tried to visualize a chiastic form. See
the critique in Wright, “Fallacies.”
5. This basic structure was first identified by Carmichael, “Singular Method”
(1972), followed by Jackson, Wisdom-Laws, 457–458 (see also Jackson, “Modelling,”
1794–1795, 1801–1802; Semiotics, 218–222). Houtman (Exodus, 3:224, 236) also rec-
ognized the connection of 23:9 to verses 10–12 that follow and saw that 23:9–12 all
dealt with the poor, but he did not go further in outlining the structure. My observation
of the structure was made independently of these scholars. Carmichael subdivides
what I identify as the cultic laws into three categories; Jackson reduces these to two.
This detail is not necessary. Neither Carmichael nor Jackson correlates the structure
with LH, which I outline here. In fact, Carmichael is left to wonder (p. 21): “How the
laws there [in string I] came into their present order I do not know. For example, I do
not know why a law on reviling God and cursing a ruler should follow a law on lend-
ing and pledging.” This study provides a clear and decisive answer to Carmichael’s
question.
6. For the “immigrant,” see chapter 11. This translation of the term is from Spina,
“Israelites as gērîm,” 232.
7. This verb in 22:20 may be secondary. See chapter 12.
8. For the meaning of the seventh-year law, see n. 57 in chapter 11.
9. Tsevat (“Basic Meaning,” 450) says that CC’s “sabbath law is a social law of
charity and benevolence.” On pp. 453–454 n. 17, he observes the link between the sev-
enth-year and seventh-day laws.
10. The correlation between the two strings (and, as we will see, their correlation
with themes in the exhortatory block of LH) means that the nexus between the curs-
ing law in 22:27 and the agricultural product law in 22:28 is not through an associa-
tion of cursing in a context of feasting, contra Schwienhorst-Schönberger, Bundesbuch,
363–367.
11. The chiastic structure is recognized in varying degrees of complex-
ity by Crüsemann, Torah, 187–189; Houtman, Exodus, 3:236–237, 238; Osumi,
Kompositionsgeschichte, 35–36, 56–57; Otto, Wandel, 10, 47–49, 53; Rechtsgeschichte,
7–8, 76–77, 179; “Rechtsreformen in Deuteronomium,” 268; “Gesetzesfortschreibung,”
377, 378; Schwienhorst-Schönberger, Bundesbuch, 381–382; Welch, “Chiasmus in
Biblical Law,” 16. Otto (Wandel, 10 and especially 45) sees a larger chiastic structure
in 22:28–23:12, with 23:1–8 as a core. Jackson reproduced the detail of my structural
analysis (which was a refinement of Welch’s analysis in his article “Chiasmus”) in his
Wisdom-Laws, 404–405. Although there are some terminological and thematic cor-
respondences between 22:28–29 and 23:10–12 (e.g., the phrase “thus you shall do,” the
numerical pattern X / X + 1, and a concern about produce), the string structure as iden-
tified here provides a more cogent analysis of the text’s organization, even apart from
the conclusion that CC depends on LH. Barbiero (L’Asino del nemico, 17–46, 60–71,
esp. pp. 22, 40) believes that 23:1–8 originally had a chiastic form (see later) and was
restructured by the addition of 23:9 to form three parallel sections 23:1–3, 4–6, 8–9.
For a critique of other suggestions of chiastic structure in the final apodictic laws, see
Wright, “Fallacies.”
12. Schwienhorst-Schönberger (Bundesbuch, 383) and Houtman (Exodus, 3:240)
note that there is no need to emend ‫“ דל‬poor” to ‫“ גדל‬great/elite (person).”
13. The verb ‫ עזב‬is difficult. See Gerstenberger, “‘āzab,” 588–589; Houtman,
Exodus, 3:244–245. The phrase “you shall resist forsaking him” (‫ )וחדלת מעזב לו‬may be
an addition to, even a correction of, “you must leave [the ass] with him” (‫)עזב תעזב עמו‬.
The latter phrase is more parallel to v. 4, with its infinitive absolute construction. My
rendering of v. 5, which follows Gerstenberger’s suggestion, is provisional. Deut 22:4
interpretively renders CC’s verse: “Do not see the ass of your brother or his ox falling
on the road and ignore them; you shall raise [it] with him” (‫לא תראה את חמור אחיך או‬
‫)שורו נפלים בדרך והתעלמת מהם הקם תקים עמו‬. Deuteronomy had the full text of Exod 23:5
before it, since its -‫“ והתעלמת מ‬you ignore” and ‫“ עמו‬with him” reflect -‫“ וחדלת מ‬you
resist” and ‫“ עמו‬with him,” elements from the two competing phrases in CC. See further
Williamson, “Reconsideration,” 82–85.
14. The correspondence of ‫ שקר‬in v. 7 here with ‫ שוא‬in v. 1 is highlighted by the
one or the other of these two terms in the same commandment of the Decalogue (Exod
20:16 // Deut 5:20, both with preceding ‫“ עד‬witness,” a word that appears in Exod 23:1).
For the dependence of the Decalogue on CC, see chapter 12.
15. Wright, “Fallacies,” 156–157. I still maintain that scholars must be more circum-
spect in the analysis of chiastic structures. But I now recognize that the structure in
23:1–8 and its derivation from a similar structure in LH is one of the most solid proofs
of the intentional formation of chiasmus in antiquity.
16. Other subdivisions are possible. Hurowitz (Inu Anum īrum, 3 n. 5) notes the
analysis of Cruveilhier (Introduction), which divides the text into a “Titulary (XLVII
1–8), Autopanegyric (XLVII 9–XLVIII 2), Exhortations (XLVIII 2–XLIX 1), and
Adjurations (XLIX 2–end).” His “Exhortations” begin at the wronged-man passage, in
the middle of my exhortatory block. But the injunctive forms in the epilogue actually
begin in his “Autopanegyric.”
17. The prominence of this clause in LH is noted by Yaron (“Social Problems,” 25),
who says in it “the king sets out the essential purpose of his compilation of laws.” He
further notes that “scholars have recognised the central significance of [this] statement”
and compares it with the biblical injunction “love your fellow as yourself” (Lev 19:18)
and Hillel’s reformulation of this as “What is hateful to thee, do not do to your fellow”
(b. Shab. 31a).
18. The presentation of the text of the apodictic laws in this study differs from the
presentation of the text of the casuistic laws because of differences in how the texts are
discussed in part II (see chapter 2, n. 3).
19. That the widow and orphan appear together in several biblical passages (see
chapter 11, n. 44), thus indicating that this association existed before the creation of
CC, does not weaken the association with LH. The correlation of the two terms with LH
has its significance in the larger web of similarities between CC and LH. Chapter 12 in
fact argues that CC has used a traditional prohibition against oppressing the widow and
orphan to “translate” Hammurabi’s phrase about providing justice to these two persons.
20. CAD E 72 says that an ekūtum may have a father. CDA 69 includes the definition
“orphaned” for ekûm/ekūtum.
21. CAD E 171 collects examples of enšum, which refer to one who is “weak, pow-
erless, of low station.” Most of the examples have this social meaning as opposed to
referring to physical weakness.
22. The dependent laws of Deuteronomy also portray the immigrant as impover-
ished; see chapter 11, n. 44, and chapter 13, n. 19.
23. For the nature of the wrong done here, see Roth, “Hammurabi’s Wronged
Man,” 41–45. The phrase ana lā abālim also occurs in the prologue at 1:37–39 (see
n. 35).
24. On the meaning of the passage, see Roth, “Hammurabi’s Wronged Man,” 41.
25. The meaning of the verb ‫ נפש‬in 23:12 is informed by the neighboring ‫“ נוח‬rest”
(cf. Osumi, Kompositionsgeschichte, 49).
26. For the contextual connection between 23:9 and 12, see Halbe, Privilegrecht,
420; Osumi, Kompositionsgeschichte, 49; Otto, Wandel, 6.
27. Hurowitz (Inu Anum īrum, 30) says that Hammurabi’s statue bore the title
“King of Justice”; cf. Ries, Prolog und Epilog, 20. For the distinction between statue
and stela in LH, see Ries, pp. 20–21.
28. The sense of the verb lištassīma is not exactly clear. Hurowitz (Inu Anum
īrum, 33) translates “may he read aloud over and over my stela.” Roth (Collections,
134) translates “and let him have my inscribed stela read aloud to him.” See also Ries,
Prolog und Epilog, 55 (he gives two possibilities: “er möge lesen lassen” and “er möge
lesen”; he doubts the latter in view of general illiteracy in Babylonia). See AHw 1196b
and 1197a.
29. Roth (“Hammurabi’s Wronged Man,” 40 and n. 13 there) says that ana (maar)
X alākum is “one of the Old Babylonian expressions of approaching authorities” and
says that the meaning is “to appear before a king (to do homage).”
30. Cf. Childs, Exodus, 451. Akkadian has the idiom “to see the face of the god”
(Childs, Exodus, 451; Seow, “Face,” 323; Smith, Pilgrimage, 101 n. 77, 103). Smith
(Pilgrimage, 100–109, 241) discusses “seeing” the deity on pilgrimage and associated
problems in text representing this idea (see also Smith, “Seeing God”). Some verses
in Psalms, for example, have the deity as a direct object of a verb of perception: Ps
11:7 “For Yahweh is just, he loves just acts, and the upright will see their [his] face
([‫ ;”)ישר יחזה פנימו ]פניו‬17:15 “I in righteousness will see your face (‫ ;”)אחזה פניך‬63:3
“Thus in holiness I see you (‫)חזיתיך‬, perceiving (‫ )לראות‬your strength and glory.” These
passages suggest that the verbs in Exod 23:15 and 17 should be G-stem (active), not
N-stem (passive). The consonantal texts of Exod 34:23 (‫ )יראה כל זכורך את פני האדן‬and
Deut 31:11 (‫)לראות את פני יהוה אלהיך‬, with the direct object preposition ‫ את‬, further show
that the verb ‫ ראה‬in these verses should be read as G-stems. This evidence, in turn, indi-
cates that the preposition ‫ אל‬in Exod 23:17 was originally ‫ את‬and that the verb ‫ ראה‬in this
verse and also v. 15 should be G, not N. Furthermore, as Smith notes, one would expect
a preposition -‫ ל‬before ‫ פני‬in Exod 23:15 and 34:20 if the N-stem were correct. This
general evidence also suggests that the N-stems in some Psalm verses should also be
vocalized as G-stems: Ps 42:3 “When will I come and appear before [emended: see] the
face of God (‫ ;”)ואראה פני אלהים‬84:7 “They will come from strength to strength, he will
appear before [emended: they will see] God (‫ )יֵ ָראֶה אל ]יִרְאוּ את[ אלהים‬in Zion”). Evidence
against emendation of these various cases is found in 1 Sam 1:22, whose consonantal
text precludes revocalization as a G: “when the boy is weaned I will bring him, and he
will appear before Yahweh and dwell there permanently” (‫עד יגמל הנער והבאתיו ונראה את‬
‫)פני יהוה וישב שם עד עולם‬. See chapter 11, n. 14.
31. The Samaritan ‫“ הארן‬the ark” for ‫“ האדן‬the Lord” is, as Fensham (“Rôle,” 267)
says, “an intentional change, or misreading of r for d.” He notes that ‫“ האדן יהוה‬the Lord
Yahweh” appears also in Exod 34:23; Isa 1:24; 3:1; 10:16, 33; 19:14.
32. Lohfink (“Poverty,” 37) connects the two passages that have the root abālum
when he says: “Suppose an ‘oppressed man,’ or an orphan or a widow, following
Hammurabi’s advice, went to Esagila and read the 282 paragraphs of the law code proper.
They would not find even a single occurrence of the words ‘poor’ or ‘oppressed.’ ” Roth
(“Mesopotamian Legal Traditions,” 17) also collocates discussion of the ana lā abālim
passage with the awīlum ablum passage.
33. On the idiom, cf. Houtman, Exodus, 3:247.
34. The description of the behavior of Samuel’s sons whom he appointed as judges
(1 Sam 8:3) is similar to Exod 23:2: “They followed after profit and they took a bribe
and perverted judgment” (‫)ויטו אחרי הבצע ויקחו שחד ויטו משפט‬. This verse relies on Deut
16:19: “Do not pervert justice, do not show favoritism, and do not take a bribe because
a bribe blinds the eyes of the wise and distorts the words of the innocent” (‫לא תטה‬
‫)משפט לא תכיר פנים ולא תקח שחד כי השחד יעור עיני חכמים ויסלף דברי צדיקם‬. Deuteronomy’s
verse, in turn, relies on Exod 23:2 and 6. See Levinson, Deuteronomy, 139, for the his-
tory of textual dependence. The Greek adds κρσιν “judgment” (= ‫ )משפט‬after ‫ להטת‬in
Exod 23:2.
35. The gods called Hammurabi “to make justice appear in the land, to do away
with the wicked and evil (person), so that the strong person not wrong the weak”
(mīšaram ina mātim ana šupîm raggam u ēnam ana ulluqim dannum enšam ana lā
abālim; col. 1:32–39). LH does not mention the widow or orphan in this passage, as
opposed to the beginning of the exhortatory block. This distribution of the mention of
underprivileged persons is somewhat similar to that in CC. CC mentions the trio of
immigrant, widow, and orphan at the beginning of string I (22:21) of the final apodictic
laws, but only the immigrant in string II (23:9). One wonders if the abbreviated formu-
lation in 1:32–39 provided a guide for the abbreviation in CC’s string II, and, further, if
the duplication of the motif in the prologue and epilogue was among the factors that led
CC to compose two strings.
36. Hurowitz, Inu Anum īrum, 38–39. His description is not entirely clear.
Nonetheless he says of col. 48:59–49:17 (which he entitles “The Blessings”): “There
is therefore an inclusio framing the benediction section as well as an over all chiastic
ab // b’a’ structure to this section” (p. 39). He also notes with boldface type the chiastic
relationship of “aj unakkir . . . aj ušassik . . . ” and “lā ušassik . . . lā unakkir,” features
that determine my a- and b-members. Hurowitz sees chiasmus as a central feature in
the structure of the prologue and epilogue of LH (cf. p. 8–10, 43–44 and passim). For
analysis of chiasmus in OB royal inscriptions, see Hurowitz, “Literary Structures,”
196–197, 204.
37. The language is found toward the beginning of the exhortatory block outside the
future-king passage: “to set down law for the land (dīn mātim ana diānim), to render
verdicts for the land (purussē mātim ana parāsim), and provide justice for the wronged,
I have written my precious words on my stela” (col. 47:70–72).
38. Hurowitz (Inu Anum īrum, 32, 49) notes the injunctive mood in the exhorta-
tory block.
39. For the various command forms in the apodictic laws, see Osumi,
Kompositionsgeschichte, 20–22. Beyerlin (“Paranäse,” 11) describes the initial and
final sections of CC as “paranetic,” which correlates with the description of the relevant
compared block of the epilogue of LH as “exhortatory.”
40. The epilogue otherwise reflects ethical concerns when it says that Hammurabi
was not “negligent toward humankind whom Enlil bestowed” upon him (col. 47:11–
16), that he promoted “the welfare of his land” (col. 47:33–34; cf. 49:93–94), and that
he set up his laws “to provide justice for the wronged” (ana . . . ablim šutēšurim; col.
47:73–75). They are also manifest in the pervasive motif of Hammurabi’s successful
administration of justice. The final apodictic section also includes laws about the ethi-
cal treatment of animals: the firstborn animal is to stay with its mother seven days
(22:29); a wandering animal is to be returned and an overburdened animal given help
(23:4–5); animals benefit from produce left in the field in the seventh year (23:11); the
seventh day provides rest for animals in addition to humans (23:12); an animal is not to
be boiled in its mother’s milk (23:19). See chapter 11 on the theme of poverty.
41. For the portrayal of deity in CC, see Fensham, “Rôle of the Lord.”
42. This passage is important in the analysis of CC’s relationship to the narrative of
Exodus in chapter 12.
43. The deities also have weapons. Zababa and Ishtar provided Hammurabi with
a “powerful weapon” (kakkim dannim; col. 47:22). Nergal’s curse exhibits another
weapon: “May he burn his (the king’s) people with his great mighty weapon (kašūšīšu
rabîm), like a raging fire in a reed thicket, may he have him thrashed with his powerful
weapon (kakkīšu dannim), break his limbs like a clay figurine” (col. 51:29–39). In CC,
Yahweh has a sword (22:23).
44. The space from the fourteenth sequential correspondence (animal rental;
22:13–14 // LH 268–271 = cols. 45:90–46:2) and the start of the final apodictic laws
and the exhortatory block (22:20ff. // cols. 47:59ff.) is about one and a half columns
of Akkadian text. Given that CC does not replicate everything in LH and that some of
the material in this intervening text is actually featured in CC out of sequence (i.e.,
LH 282 = col. 46:97–102 was used for Exod 21:5–6; the transitional introduction at the
beginning of the prologue, col. 47:1–8, also influenced CC’s transitional introduction in
21:1; see earlier), then CC’s jump from 46:2 to 47:59 is not great.
45. See chapter 12 for the second-person plural forms in 20:23 (see also chapter
11 n. 13). For different solutions to the perceived problems of this verse, see Dohmen,
Bilderverbot, 155–159. The most reasonable reading of the verse is to place a pause
between the two objects, thus creating two syntactically complete prohibitions in chias-
tic relation (so Hossfeld, Dekalog, 180). Dohmen, in contrast, follows the MT division,
with 23a as an elliptical expression. Oberholzer (“Text of Ex. 20, 22.23”) also follows
the MT verse division and reads ‫“ ִאתִּי‬with me” as ‫“ אֺתִי‬me.” A chiastic form is consis-
tent with CC’s interest in this type of structuring otherwise. The prepositional phrase
‫“ אתי‬with me” may be taken as relational “with respect to me” (cf. ‫ על פני‬in 20:3) or
locative “near me” (Dohmen, Bilderverbot, 156; Hossfeld, Dekalog, 180). A relational
interpretation is consistent with the -‫ ל‬preposition plus deity or the people in vv. 23b-25.
Verse 23 appears to have influenced the Decalogue command in 20:2–3; see chapter 12
on the relationship of the Decalogue to CC and its narrative.
46. The LXX takes this clause with the foregoing phrase about offering sacrifice
and reads a conjunction with the next phrase to create an independent clause: “and I
will come to you and bless you” (κα ξω πρ
ς σ κα ελογ σω σε).
47. For a persuasive argument that CC’s first-person verb in 20:24 is original, see
Levinson, “Is the Covenant Code an Exilic Composition?” 300–315. Those who argue
that it was second person (similar to 23:13b) include Tigay, “Presence of God,” 203–
204; Van Seters, Law Book, 62; Zakovitch, “‫ספר הברית‬,” 60*. On the terminology, see
Eising, “‫ זכר‬zākhar,” 73–77.
48. The idea of calling a name is also found in the prologue and epilogue (1:16–17,
28, 31, 49; 47:40–41; cited in chapter 12 n. 59).
49. That this could be understood as referring to all the deities who appear in the
Esagil temple, see chapter 11, n. 36.
50. The noun egirrûm can refer to reputation, but it also has a more specialized
meaning, referring to oracular utterances of some kind (CAD E 43–45).
51. CAD D 62a; see also 62–63.
52. CAD E 206a (cf. D 65).
53. Roth (Collections, 139) translates the plural noun damqātum “auspicious
omens,” but the meaning need not be this specific (see CAD D 66–67).
54. See CDA 377. AHw 1249b translates šīr nišī mātim uīb “ich ließ es den
Menschen gut gehen” (see note 55). Richardson (Hammurabi’s Laws, 300) glosses the
term šīrum “good health, quality of life.”
55. These include the phrase at the beginning of the prologue that says that
Hammurabi was called “to increase the well-being of the people (ana šīr nišī ubbim)”
(col. 1:47–48); the transitional introduction to the casuistic laws (discussed later), which
says: “I placed truth and justice in the mouth of the land, I increased the people’s well-
being (šīr nišī uīb)” (col. 5:20–24); the lines before the exhortatory block that sum-
marize the various benefits that he bestowed on the people, which include the claim “I
brought about well-being in the land” (šīr mātim uīb; col. 47:33–34); and the future-
king passage at the end of the exhortatory block, which instructs: “let him root up the
wicked and evil person from his land; may he bring about well-being for his people (šīr
nišīšu liīb)” (col. 48:93–94). Hurowitz (Inu Anum īrum, 50) notes these occurrences,
saying: “at four places in the course of the accomplishments, prayer, and blessings there
are statements that Hammurabi or his successors make the people prosper.” He thus
recognizes that this is a significant motif in the text.
56. Hurowitz (Inu Anum īrum, 34) translates the Akkadian phrase: “may he bless
me with his entire heart before Marduk my lord and Sarpanitum my lady” (my italics).
57. Col. 1:60–62 (the Ekur in Nippur); 1:66–2:1 (the Eabzu in Eridu); 2:10–12 (the
Esagil in Babylon); 2:20–21 (the Egishnugal in Ur); 2:26–31 (the Ebabbar in Sippar);
2:34–36 (the Ebabbar in Larsa); 2:42–43 (the Eanna in Ur); 2:52–54 (the Egalmah in
Isin); 2:60–67 (the Emeteursag and temple of Hursagkalamma in Kish); 3:4–6 (the
Emeslam in Kutu); 3:13–15 (the Ezida in Borsippa); 3:43–46 (the Eninnu in Lagash);
3:62–64 (the Eudgalgal in Karkara); 3:68–69 (the Emah in Adab); 4:4–6 (the Emeslam in
Mashkanshapir); 4:48–52 (the Eulmash in Akkad); 4:60–63 (the Emesmes in Nineveh).
See the observation and summary in Klíma, “Die juristischen Gegebenheiten in den
Prologen und Epilogen,” 160 and n. 80.
58. For the distributive meaning of ‫בכל המקום‬, see Gen 20:13; 2 Sam 15:2 (also
Deut 11:24) and Levinson, Deuteronomy, 32 n. 18. Deut 12:13 with ‫“ בכל מקום‬in every
place” simplifies the idiom. Zevit (Religions, 287) notes the use of the definite article
for an indefinite in 1 Sam 26:23; 1 Kings 8:39 (both distributive). Zevit’s observa-
tion is in the context of construing ‫ בַמקום‬in Deut 12:14 as referring to a plurality
of places. He also argues that the phrase in this verse could have originally been
‫בְמקום‬, indefinite “congruent with the historical reality of the Israelite tribes until
at least the seventh century BCE” (in disagreement with Levinson, Deuteronomy,
28–43). This seems unlikely to me in view of Deuteronomy’s lateness and its revi-
sionist dependence on CC. See also Heger, Three Biblical Altar Laws, 27; Schaper,
“Schriftauslegung,” 120.
59. Nothing in the text makes it appear that these various forms are to be under-
stood as applying to a single altar rebuilt from time to time across generations.
60. The verb târum D used here can refer to restoring buildings (CAD T 270).
61. On the gegunnûm “raised temple,” see chapter 11, n. 78.
62. CAD K 163–164. The description of the Ezida temple as “<the dwelling of>
the god of kings” (<šubat> ili šarrī; 3:13–15) would provide further evidence of the
concrete nature of the deities in the city list, if the emendation <šubat> is correct (Roth,
Collections, 140 n. 1).
63. See n. 57. Compare the table in Hurowitz, Inu Anum īrum, 74.
64. Deuteronomy (4:44–45; 12:1) and the Holiness Legislation (Lev 26:46; Num
36:13) reflect the language of Exod 21:1; see Schwienhorst-Schönberger, Bundesbuch,
301.
65. Niehr (Herrschen und Richten, 269) notes the similarity of šipam šakānum to
the general language of Exod 21:1 but adds that the Akkadian phrase occurs in a mili-
tary context (cf. 1 Sam 30:25). Weinfeld (Deuteronomy and the Deuteronomic School,
152–153; see also 154–157) argues that Akkadian šipam šakānum (in various docu-
ments, including Mari letters) corresponds conceptually with Hebrew ‫שים משפט‬, and he
ties this with mīšarum ideology, i.e., laws that attempt to introduce a “social-economic
change.” Cf. Lemche, “Manumission,” 38–40. On the relationship of the idiom in Exod
19:7b, see chapter 12, n. 92.
66. For the term (‫משפט)ים‬, see Rothenbusch, Rechtssammlung, 475–477 (he notes a
connection of the term to royal interests and also compares Akkadian dīnātum “laws”);
Schwienhorst-Schönberger, Bundesbuch, 299–301. Hebrew uses ‫ משפט וצדקה‬and ‫צדק‬
‫( ומישור\מישרים‬and the roots and associated substantive from the roots of these words)
as word pairs (for the last pair, see, e.g., Isa 11:4; 33:15; 45:19; Ps 9:9; 11:7; 58:2; 98:9;
Prov 1:3; 2:9; cf. 8:20). The intersection of the two word pairs points to the conceptual
association of ‫ משפט‬with ‫ מישור\מישרים‬and hence the association of ‫ משפט‬in 21:1 with
Akkadian mīšarum, cognate with ‫מישור\מישרים‬. In the word pair ‫משפט וצדקה‬, the term
‫ משפט‬has an abstract meaning similar to mīšarum. In Exod 21:1, the Hebrew term refers
to specific enactments of such justice, as in Akkadian dīnāt mīšarim. For the Hebrew
word pairs (also in Northwest Semitic languages and the association with Akkadian kit-
tum u mīšarum), see Niehr, “Constitutive Principles”; Weinfeld, Social Justice, 25–44,
179–214; “Justice and Righteousness”; “Justice and Righteousness—‫ ;”משפט וצדקה‬cf.
Albertz, “Theologisierung,” 118. Weinfeld (“Justice and Righteousness—‫משפט וצדקה‬,”
234) compares the introduction to the epilogue (see later) with ‫“ חקים ומשפטים צדיקים‬just
rules and laws” in Deut 4:8. For mīšarum, see Lemche, “Andurārum and Mīšarum.”
67. CAD K 470b translates “I caused loyalty to be professed in my country” (cf.
CAD M/1 420b); Roth, Collections, 81: “I established truth and justice as the declara-
tion of the land”; ANET, 165: “I established law and justice in the language of the land.”
CDA 277 defines the idiom ina pī šakānum as “ ‘to put’ words ‘into s.o.’s mouth.’ ” AHw
872b, f translates the idiom “in den Mund legen.” Hurowitz (Inu Anum īrum, 27–29, n.
40, cf. p. 46) says that the meaning is “I taught the (people of the) land.” See his note for
other interpretations. Elsewhere, Hurowitz (“Spanning the Generations,” 16) views the
phrase as referring to Hammurabi’s teaching the law orally: “Teaching the land proper
conduct is accomplished by teaching its inhabitants orally and having them memorize
or recite the laws of justice and righteousness.”
68. CC does not need to correctly translate LH to be seen as dependent upon it.
Exodus 21:1 may be understood as a free rendering of the Akkadian idiom, reading
it as if it were ina pāni “before” (cf. LH 21). It may be that native Hebrew idiom (cf.
Exod 15:25; 19:7b; Deut 4:44; Josh 24:25) was responsible for this transformation of the
Akkadian idiom (unless the other biblical usages themselves are based on that in CC).
69. Hurowitz (Inu Anum īrum, 24) calls the transition into the epilogue a “title
line” and compares it with the transitional introduction at the end of the prologue (cf.
pp. 24–25, 46–47, and note especially the structural correlation of the two transitions
indicated on p. 59; he labels them G-members in a larger chiastic form). Ries (Prolog
und Epilog, 23) says the first lines of the epilogue “wirken . . . wie ein ausführlicher, mit
Selbstdarstellung verbundener Kolophon” (see n. 71).
70. For a discussion of dīnātum, see Landsberger, “Die babylonischen Termini”;
Ries, Prolog und Epilog, 52–55.
71. Roth, Collections, 133; Hurowitz, Inu Anum īrum, 46, 90–91. Hurowitz notes
that the sentence at the beginning of the epilogue “is connected with and refers to the laws
which precede it” (my italics). He compares a number of biblical passages with explicit
deictic references (in colophons): “this is the instruction” (‫ ;זאת התורה‬Lev 8:37), “these are
the regulations, laws, and instructions” (‫ ;אלה החקים והמשפטים והתורות‬Lev 26:46); “these
are the words of the covenant” (‫ ;אלה דברי הברית‬Deut 28:69). He notes (p. 91) that “the for-
mulations [in these verses] are of course different, for the Hebrew verses use a demonstra-
tive pronoun—‫( זאת‬this) or ‫( אלה‬these)—while Codex Hammurabi has none. It is this lack
of a connecting pronoun, as well as the fact that on the Louvre Stela the line begins a new
column, which may have led the translators astray [when they take it as an introduction to
the epilogue]. Nonetheless, the lines are identical in function [as colophons].”
Chapter 4
1. See the earlier critiques of these approaches in Wright, “Laws of Hammurabi as

a Source,” 48–49; “Compositional Logic,” 95–96 n. 4.
2. See chapter 1, n. 36 for those who invoke coincidence.
3. The legal principles that may have been shared have been described by Boyer,
“De la science juridique et de sa méthode”; Eichler, “Literary Structure”; Kaufman,
“Second Table of the Decalogue,” 112 and passim; Petschow, “Zur Systematik und
Gestezestechnik”; Wagner, “Zur Systematik”; Westbrook, “Codex ammurabi.”
Wagner gives an insightful analysis of the topical construction of CC (discussed further
by Schwienhorst-Schönberger, Bundesbuch, 45–51; Osumi, Kompositionsgeschichte,
87–90; cf. Crüsemann, Torah, 144 n. 180). On the structure of Near Eastern law collec-
tions, see Rothenbusch, Rechtssammlung, 157–173. Otto identifies three redaction tech-
niques: alternation of cases, framing and with this chiastic formulation, and composing
general laws (“Bedeutung,” 164–165; “Rechtssystematik,” 197; Körperverletzungen,
166–169, 181, 184; Rechtsgeschichte, passim; “Körperverletzung oder Verletzung
von Besitzrechten?” 161–162 and n. 30; Wandel, 12–13, 26–27, 31, 66–67, and
12–44 generally; “Town,” 19–20; for Otto’s connection to Eichler and Petschow, see
Rechtsgeschichte, 13–14.)
4. Mainly Westbrook, discussed in chapter 1.
5. Braulik, “Sequence,” 319–320; Finkelstein, “On Some Recent Studies,” 256;
Petschow, “Zur Systematik und Gestezestechnik”; Schwienhorst-Schönberger,
Bundesbuch, 44–45; Wagner, “Zur Systematik.”
6. Eichler’s term; see his “Literary Structure.”

7. On oral legal tradition, besides the views of Schwienhorst-Schönberger,
Rothenbusch, and Jackson, summarized in chapter 1, see also Greengus, “Some Issues
Relating to the Comparability of Laws”; “Filling Gaps”; “Law,” 243. For literature on
oral tradition in general, see the next several notes.
8. See primarily Jackson, Wisdom-Laws, passim, and also Otto’s work, summa-
rized in chapter 1.
9. See Jackson, Wisdom-Laws, 433–437, 441–445.
10. A chief example of this type of text is Emar 6 16, which parallels certain concerns
in the debt-slave law of Exod 21:2–6. In the Emar text, servitude is on the basis of a debt;
the creditor gives a wife to the person serving as a pledge (= debt-slave; cf. v. 4); servitude
is for life (cf. vv. 5–6); verbal declarations establish legal relationships (cf. v. 5); the dec-
laration “I will not serve you” by the pledge/debt-slave, is nearly the inverse of that in v.
5; and the debt-servant’s children are required to stay with the creditor in certain circum-
stances (cf. v. 4). A major difference is that Bazila, the servant, is in permanent servitude
(for the lifetime of his creditor); early release is the exception. One must explore the
whole text, of course, rather than just a list of similarities. See Wells, “What Is Biblical
Law,” 233–236 for a translation and discussion of the text. See chapter 5, n. 112.
11. Jackson partly gets at this issue in his “Original Oral Law.”
12. For the distinction between oral tradition and transmission, see Crossan, Birth
of Christianity, 49–58 (see more broadly, pp. 47–89).
13. For the interruption of Akkadian scribal tradition at the end of the Late Bronze
period, see Levinson, “Is the Covenant Code an Exilic Composition?” 288–290;
Morrow, “Resistance and Hybridity”; and Van Seters, Law Book, 31, as well as much
more detailed discussion of the problem in Rothenbusch, Rechtssammlung, 486–506
(also Finkelstein, Ox, 19; Morrow, “Cuneiform Literacy,” 205). Levinson (p. 289) agrees
with Van Seters that “there is simply no meaningful way to account for a chain of trans-
mission from second-millennium Mesopotamia to first-millennium Syro-Palestine”
and that “it is hard to imagine that the older form-critical or traditio-historical models
will withstand [Van Seters’s] thorough critique. He demonstrates the untenability of the
attempt to see the Covenant Code as a window into the pre-monarchic history of Israel.
By identifying the nostalgic or romantic view of history associated with that attempt,
he accomplishes for biblical law the same kind of lasting epistemological clarifica-
tion that he provided in his book on the patriarchal narratives” (p. 290). Levinson (pp.
290–291) critiques Rothenbusch’s theory of the maintenance of legal traditions by the
Phoenicians (for Rothenbusch, see the summary in chapter 1). Morrow’s paper adds a
crucial socio-literary critique concluding that “the knowledge of cuneiform writing
demonstrated by this scribal network [i.e., western LB cuneiform texts] disappeared at
the beginning of the Iron Age” (p. 327) and that the “appropriation of Akkadian texts
into native Hebrew literature [began] with the period of Neo-Assyrian domination over
Israel and Judah—not earlier” (p. 339).
14. The model of scribal orality described in Carr (Tablet, 3–173) is tied to textual-
ity and therefore does not provide a model for the oral transmission of LH (see also
Hurowitz, “Spanning the Generations”; Niditch, Oral World, 110–117; Schniedewind,
How the Bible Became a Book, 11–17; van der Toorn, Scribal Culture, 14–16; generally,
see Ong, Orality; Goody, Literacy). Carr’s theoretical model, however, can help explain
how CC’s author was able to move from one place of the text to another so as to combine
various motifs. See chapter 13, n. 5.
386 Notes to Page 94
15. Westbrook, “Laws of Biblical Israel,” 111. Jackson (Wisdom Laws, 46 n. 4)

makes passing reference to Tannaitic oral tradition to replace Alt’s Icelandic model.
16. Jaffee, Torah in the Mouth. He notes (p. 70) that “while the occasional claim
that Sages memorized their teacher’s words and reported them verbatim is without
real foundation, it seems clear that the shapers of Mishnaic and Toseftan traditions
valued the ability to report repeated traditions [= mishnayyot] in relatively fixed verbal
formulas.” He adds (p. 186 n. 25) “that rabbinic tradents valued what Latin rheto-
ricians termed memoria ad res above memoria ad verbum.” Various rabbinic texts
that appear to refer to verbatim memorization (m. Eduyot 1:3; b. Sukkah 28a) have
been misread (pp. 185; 186 n. 25). Oral versions of “texts” and teachings would vary
from each other, partly because of the faultiness of memory (pp. 71–72, 132–133,
135). Jaffee gives some clear indication about the nature of the oral tradition when he
speaks about the compilation of the Mishnah (pp. 100–101): “these claims about the
oral origins and primordial transmission of the tradition refer only to discrete halakhic
teachings . . . or to isolated halakhic themes. . . . We find no assertion, for example, that
various compilations of Tannaitic teachings—such as the Mishnah—were themselves
unwritten or constituted some part of the primordial oral revelation”; “we are under
no compulsion, therefore, from either logic or the testimony of the sources, to imagine
that compilations such as the Mishnah were composed and edited solely through the
mnemonically managed organization and manipulation of unwritten materials” (con-
tra claims of Gerhardsson and Zlotnick). Jaffee proposes a “model of interpenetration
or interdependence of oral and written textual formulations. That is, we shall present
evidence that the earliest composition of rabbinic oral tradition, the Mishnah itself,
reached its present form as its constituent traditions were shaped and revised in a
continuous circuit of oral performance and written recension—a circuit impossible
to break artificially into an ‘oral substratum’ and a ‘written recension’ or vice versa.”
For evidence for a literary substrate, see his pp. 100–125. His various analyses stress
that oral material is identifiable by the presence of mnemonic devices (what he calls
“mnemonic technology,” p. 109; see pp. 108, 109, 111, 128–132, 136, 138–139). He
notes three ways of producing a text: copying, dictation, and from memory (p. 17). In
Jaffee’s view, background texts served as a basis for correcting the memory (pp. 140;
on p. 17, he calls it a “mnemonic safety device—a storage system for texts already
held substantially in the memory”). He says, further, that the notion of oral Torah from
Sinai became an ideological concept in the post-Tannaitic age. In the earlier time of the
Pharisees, this ideology and tradition did not prevail, and it only appears in incipient
form in Tannaitic texts (pp. 84–85). For further discussion and the continuing debate,
see Alexander, Transmitting Mishnah; Rosen-Zvi, “Orality, Narrative, Rhetoric,”
236–242.
17. The ability of Muslim scholars to memorize even the whole Qur’ān, thus
attaining the status of a ‫ َﺣ ﺎ ِﻓ ﻆ‬āfi (one who “guards” or “maintains” the Qur’ān), is
another example that could be called upon to argue that oral transmission was pos-
sible. Nevertheless, in this case memorization is based on and continually informed
and corrected by the textual model. See Adams, “Qurʼān,” for a brief description of the
phenomenon. One might also appeal to the Rigveda as an example, which was written
down in the eighth or ninth century after being transmitted orally for centuries (Goody,
Literacy, 12; cf. Gough in Goody, Literacy, 74; an old but standard introduction is in
Lanman, Sanskrit Reader, 352–359). Ong (Orality, 64–66) says that this example still
needs critical examination in view of the theories of Parry and Lord and also questions
some of the descriptions of orality. For the oral tradition lying behind Homeric and
other Greek literature, see Rubin, Memory, 194–226; Nagy, Greek Literature (esp.
pp. 145–146 in Sheratt’s essay there on oral tradition’s susceptibility to change); “Oral
Poetics”; Ong, Orality, passim.
18. Rubin (Memory) points out the limits of human memory in remembering oral
traditions. He notes (p. 6; cf. p. 196), for example, that one study “has convincingly
argued that there are no documented cases of pieces over 50 words long being recalled
verbatim in any oral tradition without a parallel written record available to the singers.”
The claim of oral performers that they have recited verbatim contradicts empirical evi-
dence; rather, “evidence is that verbatim recall in an oral culture means no more than
accurate within the limits of human memory” (p. 7; cf. p. 140). For a discussion of the
literature on the limits of human memory in oral tradition, see Carr, Tablet, 7, 162.
19. These features are the burden of Rubin, Memory (see pp. 8–12 for a summary).
On p. 8, he gives a list of features of oral traditions characteristic of oral traditions.
Several of these are problematic for a supposed oral LH, including that oral traditions
exist generally as single genres (against the complexity of such in LH and CC), have
particular (and hence singular) social settings, have entertainment value, have linguis-
tic features that assure stability (rhyme, meter, rhythm, etc.), are sung, tell stories, and
have spatial and descriptive imagery.
20. See Rubin, Memory; Ong, Orality, passim; Goody, Domestication, 118–119.
Rubin (p. 178) notes that “the process of remembering [which he outlines for oral tradi-
tions] looks much like the process of composition. In fact, no distinction is made in the
basic way cuing and item selection works.”
21. As Rubin (Memory, 122–145) has shown, oral tradition does not operate as a
simple chain of transmission but involves an interaffective net of variant performances,
which tend to help “correct” other performances or versions and thus ensure stability.
Nevertheless, evolution does occur.
22. Rubin (Memory, 274–276) talks about annular or ring (i.e, chiastic) structure as
a way of organizing themes in oral ballads.
23. Israelite or Judean concerns in the apodictic laws include the view of the cult
in 20:23–26; 22:27–30; 23:10–12, 14–19 (an altar, the offering types, the festivals); the
single deity (20:23; 22:27; 23:13); the chieftain (22:27); the immigrant (22:20–23; 23:9);
and some of the laws about justice and ethical behavior (23:1–8). Certain laws, such as
those about lending (22:24), a clothing pledge (22:25–26), and rescuing a lost or bur-
dened animal (23:4–5), may be partly inspired by cuneiform law (see chapter 11).
24. Lemche (“Hebrew Slave,” 129–134) comes as close as anyone to arguing that
CC depends on a Canaanite law collection or collections. Fensham (“Liability in Case
of Negligence,” 284) notes that a “Hittite pronouncement about shipwreck at Ugarit is
almost verbally the same as the stipulation in the Code of Hammurapi (CH § 236).” (See
his “Shipwreck.”) It is not clear that this demonstrates that mid-second-millennium
Syria-Canaan adopted and codified Mesopotamian legal tradition.
25. The West Semitic corpus does include some legal texts, the Marseilles and
Carthage Tariffs (KAI 69, 74; cf. Gevirtz, “West-Semitic Curses,” 140 n. 3). But their
form and content are different from LH and CC and therefore do not provide evidence
of a Canaanite textual bridge between Mesopotamia and the Bible.
26. Greengus (“Biblical and Mesopotamian Law,” 63) notes that a “ ‘Canaanite’
theory appears to be a reasonable explanation, but then also loses credibility because
there is absolutely no evidence for the mediating Canaanite laws and legal culture.” He
then opts for an Amorite theory but notes that textual evidence is similarly lacking (pp.
64–66). He can only talk about incidental laws and background influences.
27. Positing a Canaanite source is seen as a problem by Cazelles, Code, 166–168,
and Liedke, Gestalt, 57.
28. The differences in CC’s casuistic laws and motifs compared with LH are of
three types: those that are similar to those in cuneiform collections other than LH,
those that are consistent with or are variations of cuneiform law (LH or otherwise) but
have no attestation in currently known cuneiform law, and those that are found only in
CC and are not necessarily consistent with cuneiform law. This last category is where
we might expect to find evidence for a mediating text. But it turns out that these ele-
ments are identifiable as Israelite custom or are at least consistent with it. They include
the laws promoting a single deity (22:19), the mention of a “Hebrew” slave (21:2), altar
asylum (21:13–14), the stoning of a goring ox (21:28–29), treating cases with child vic-
tims like those with adult victims (21:31), and an oath of Yahweh (22:10). The apparent
reference to “gods” in the passage about judicial conviction (22:8; cf. 21:6, 13; 22:6, 10)
is not a reference to plural gods (see chapters 5, 6, 9, and 11).
29. For a recent argument that CC’s laws do reflect custom, see Wells, “What is
Biblical Law?”
30. For idealization in the leprosy law of P, see Wright and Jones, “Leprosy.” For
utopianism in P (including H), see Haran, Temples, 3, 10–11, 112–131, 142–147, 149,
189–204.
31. A dual theory, which ascribes the substance of CC to practiced native tradition,
inherited from Near Eastern custom by oral tradition or developed independently, but
its organization to influence from Mesopotamian models in the Neo-Assyrian period
(so Otto, summarized in chapter 1), is unlikely. The problem of transmitting the con-
tent of CC across cultural boundaries is part of what led Otto to argue for independent
genesis of content. He notes the difficulty: “Especially, we have to answer the question
of how cuneiform laws found their way to the early Israelite rural country side of the
Judaean and Ephraimite highlands” (“Town,” 6, cf. p. 18; similarly Körperverletzungen,
171–173). This dual explanation is not parsimonious, especially when the content is so
close to the Mesopotamian counterparts. Of the two textual features, one might expect
influence to occur primarily in content before form. Another point against this view is
that if one subtracts from the casuistic laws of CC every law or motif that has a correla-
tion with LH or another cuneiform collection, correlations that part II lays out in detail,
one is left with almost nothing. CC has some unique legal expressions in the casuistic
laws, like stoning an ox that gores a person fatally (see n. 28), but these are in the con-
text of laws that otherwise correlate with cuneiform sources.
32. For this date for Deuteronomy’s laws, see Levinson, Deuteronomy, 6–11;
“Hermeneutics of Innovation,” 119–131. He reviews and responds to all the major ques-
tions about the date of Deuteronomy’s basic laws and their relationship to CC. The rest
of his Deuteronomy book makes one of the strongest arguments for Deuteronomy’s
dependence upon CC, including dependence on CC’s apodictic laws. For Otto and
Levinson, Deuteronomy’s dependence on Assyrian treaty and the Vassal Treaties of
Esarhaddon in particular provides, as Otto refers to it, an Archimedian Point for the
study of the Torah (see Otto, “Treueid,” 3–5, 44, esp. p. 5; “Das Deuteronomium als
archimedischer Punkt”; “Pre-exilic Deuteronomy”; Levinson, “But You Shall Surely
Kill Him!” 61–62; “First Constitution,” 1859 n. 18, 1883; “You Must Not Add,” 44).
Levinson (“Kingship,” 527) suggests that “possibly, Deuteronomy stemmed from the
hands of court scribes under Manasseh who were committed to the ideals of Hezekiah’s
initial cultic reform and centralization. Disillusioned by the situation under Manasseh,
they drafted a utopian legal program for cultural renewal.” Levinson (Deuteronomy,
123 and 145) says that Deuteronomy 13 is Josianic. Otto (Deuteronomium, 14) gives
the range of 672–612 BCE for the parts of Deuteronomy dependent on Assyrian treaty.
Ska (Introduction, 106–107, 184) says that de Wette’s conclusions about the dating of
Deuteronomy are a still a basic starting point for Pentateuchal study. See also Levinson,
“Is the Covenant Code an Exilic Composition?” 272; Otto, “Gesetzesfortschreibung,”
376–377, 380; “Review of J. Van Seters”; Stackert, Rewriting, 16–18.
33. Van Seters, Law Book, 82–171. For others with this view, see Levinson,
Deuteronomy, 7 n. 10; “Is the Covenant Code an Exilic Composition?” 273. See also
Levinson, “The Case for Revision and Interpolation,” 47–48.
34. For a list of passages where Deuteronomy depends on CC, see chapter 13 n. 19.
See the last part of chapter 12 for the chronology of CC and D. See also n. 125, later in
this chapter.
35. Rothenbusch, Rechtssammlung, 398, 403–407, 474–477, 481, 599–600.
36. Crüsemann, Torah, 184 and cf. pp. 110–112, 151–152, 165–169, 197; “Auge,”
421–423; “Bundesbuch,” 28–35. In the last article (pp. 28–29), Crüsemann notes that
before the discovery of LH and other law collections, a monarchic date was actually
preferred for CC. For this later date for the creation of CC proper, see also Albertz,
“Theologisierung,” 119; Jackson, Wisdom-Laws, 108 and n. 169; Leemans, “Quelque
considérations,” 412–413; Osumi, Kompositionsgeschichte, 140–145, 164–167; Otto,
Körperverletzungen, 170–171; “Town,” 20–21”Bedeutung,” 161–162; Wandel, 19;
Phillips, Essays, 98; Pressler, “Wives and Daughters,” 147; Schwienhorst-Schönberger,
Bundesbuch, 271–272, 276, 311–312; Ska, Introduction, 214. Carr (Tablet, 165–166)
puts the first edition of CC in the eighth century and contextualizes it in the devel-
opment of Israelite/Judean scribal institutions. Barmash (Homicide, 75–76) critiques
arguments for a later monarchic CC.
The sociological evidence that scholars draw on for the eighth- or even seventh-cen-
tury date for the main edition of CC throws doubt on arguments in other scholarship
that CC actually reflects an early, premonarchic sociology and situation. Rothenbusch
(Rechtssammlung, 406) notes that these earlier arguments are mainly from silence (see
also Crüsemann, Torah, 111). Even Van Houten (Alien, 51), who dates the basic text of
CC to the time of the Judges, admits that the argument involves claims from silence.
Schwienhorst-Schönberger (Bundesbuch, 268–276) says that the laws presuppose a set-
tled situation when they speak about a vineyard, house, and planted grain. For the socio-
logical analysis arguing for an early date, see Boecker, Law, 141–144; Cazelles, Études,
131–145; Jackson, Wisdom-Laws, 406–411; Marshall, Israel, 151–152, 178–179, and pas-
sim; Neufeld, “Prohibitions against Loans,” 363–365, 367–372; Westbrook, “Cuneiform
Law Codes,” 219 (cf. Morrow, “Generic Discrepancy,” 136). Jackson (Wisdom-Laws,
409 n. 108) protests objections about arguments from silence and claims (pp. 389–395
and passim) that CC’s original set of casuistic laws are self-executing and may be consid-
ered evidence of an early stage of sociological development. In my view, whatever primi-
tivism is evident in CC can be attributed to CC’s intent to create a document attributable
to the days of Moses. Wilson (“Role of Law”) raises some sociological and chronological
problems in the study of biblical law. Fitzpatrick-McKinley (Transformation of Torah,
64–72) argues that law does not necessarily reflect society.
37. Crüsemann, Torah, 184.
38. Schwienhorst-Schönberger’s basic collection is summarized in chapter 1.

See also the description of the growth of CC according to Otto, summarized in that
chapter.
39. Similarities with passages from the eighth-century prophetic books of Amos,
Hosea, Isaiah, and Micah do not prove that CC was in existence when those prophets
gave their oracles, assuming that the relevant passages of these books represent mate-
rial from the time of these prophets. The similarities include the phrase ‫ על פשע‬in Amos
1–2 (Exod 22:8); the issues of poverty, justice, and debt-slavery in Isa 3:15; 10:1–4;
Amos 2:6–8; 5:10–12; 8:6; Mic 3:1–4 (cf. Exod 21:2–11; 22:20–26; 23:1–8); sexual
activity of father and son with slave girl in Amos 2:7 (cf. Exod 21:7–11); and preyed
upon animals in Amos 3:12 (cf. Exod 22:12). For altar asylum in Amos 9:1–4 and CC,
see chapter 6, n. 21. For many of these comparisons, see Bach, “Gottesrecht,” 28–30;
Cazelles, “L’auteur du Code de l’Alliance”; Crüsemann, Torah, 156–158, 162–162, 167;
Jackson, Wisdom-Laws, 467 n. 210. Dion (“Le Message moral,” esp. 14, 15–16, 18, 19,
21, 31–34), who believes that CC existed at the time of Amos, nonetheless stresses that
there is no clear evidence that Amos used or reflects CC. Against the early prophetic
literature as evidence for the early existence of CC, see Levinson, “Is the Covenant
Code an Exilic Composition?” 297 n. 41; Osumi, Kompositionsgechichte, 167–177, 182;
Rothenbusch, Rechtssammlung, 410–414. The correlations with the prophetic texts are
very general and do not prove dependence on CC. Rather, the prophetic passages reflect
traditional perspectives that may have been influential on some of CC’s laws. For law
as an operational concept in prophetic literature, see Klopfenstein, “Das Gesetz bei den
Propheten.”
40. Houtman (Exodus, 3:90) notes that “the possibility that certain stipulations
made their way into Israel under Assyrian influence in the 8th and 7th century has
serious contenders” (referring to Leemans, “Quelques considérations,” 412–413,
435–436).
41. For a possible “informant theory,” see the conclusion to this chapter.
42. Levinson (“Is the Covenant Code an Exilic Composition?” 295–297) expanded
the evidence for knowledge of Akkadian in the Neo-Assyrian period beyond what I
gave in my “Laws of Hammurabi as a Source,” 58–67.
43. Stone Reliefs at the Ninuruta Temple at Calah: Grayson, Assyrian Rulers I, 218
(A.0.101.1 iii 84–92).
44. Monolith Inscription: Grayson, Assyrian Rulers II, 23 (A.0.102.2 ii 91–92).
45. Epigraph to the Black Obelisk: Grayson, Assyrian Rulers II, 149 (A.0.102.87);
various annals texts: Grayson, Assyrian Rulers II, 48 (A.0.102.8 26″-27″), 54 (A.0.102.10
iv 11–12), 60 (A.0.102.12 29–30), 78 (A.0.102.16 135′).
46. Rimah Stela: Grayson, Assyrian Rulers II, 211 (A.0.104.7 7–8); Miller and
Hayes, History, 347 (cf. 344). For the presence of “dozens of Israelites in Calah” during
the period of 795–735 BCE, as envoys, see Eph’al, “The Samarian(s),” 39–40.
47. Annals: Tadmor, Inscriptions of Tiglath-Pileser III, 68–69 (Ann. 13, 10–11); cf.
80–81 (Ann. 14 and 18), 202–203 (Summary Inscription 13, 17′); 2 Kings 15:17–22. On
Tiglath-Pileser’s campaigns affecting Syria-Palestine, see Becking, Fall of Samaria,
1–20.
48. Fragmentary annals text: Tadmor, Inscriptions of Tiglath-Pileser III, 140–141
(Summary Inscription 4, 15′-18′); cf. 186–189 (Summary Inscription 9 rev. 4, 9–10).
49. A Nimrud tablet (building inscription): Tadmor, Inscriptions of Tiglath-Pileser
III, 170–171 (Summary Inscription 7 rev. 11′).
50. Babylonian Chronicle: Grayson, Assyrian and Babylonian Chronicles, 73

(i 28); Becking, Fall of Samaria, 22–25. See 2 Kings 17:1–6. Cf. J. Miller and Hayes,
History, 386.
51. Display Inscription, lines 23–25: Fuchs, Die Inschriften Sargons II, 196–197, 344;
Becking, Fall of Samaria, 26 (see also the Nimrud prism inscription in Gadd, “Inscribed
Prisms of Sargon II,” 179–180, lines 25–41; Tadmor, “Campaigns of Sargon II,” 34; Becking,
The Fall of Samaria, 28–31; Dalley, “Foreign Chariotry,” 36). The conquest is briefly noted
in the Inscription on Palace Doors iv 31–32 (Borger, Lesestücke, 60–63; Becking, The
Fall of Samaria, 27); Display Inscription from Room XIV line 15 (Fuchs, Die Inschriften
Sargons II, 76, 308; Becking, The Fall of Samaria, 27–28); Cylinder Inscription lines
18–21 (Fuchs, Die Inschriften Sargons II, 34, 290; Becking, The Fall of Samaria, 321);
Bull Inscription line 21 (Fuchs, Die Inschriften Sargons II, 63, 303; Becking, The Fall of
Samaria, 33); Aššur Charter line 20 (Saggs, “Historical Texts,” 14–15; Becking, The Fall
of Samaria, 34–36). Sargon may have used some Israelite deportees in building his palace
at Dur Sharruken (Becking, The Fall of Samaria, 79). Na’aman (“Historical Background
to the Conquest of Samaria”) finds a hypothesis of two conquests, one by Shalmaneser V
and one by Sargon, difficult and assigns the conquest to Sargon II.
52. Prism A: Winckler, Keilschrifttexte Sargons, 188–189, line 29; ANET 287 (§2);
the Nimrud Inscription: Winckler, Keilschrifttexte Sargons, 168–169, line 8; ANET 287
(§3); Miller and Hayes, History, 404–410.
53. Rassam Cylinder: Frahm, Einleitung in die Sanherib-Inschriften, 54–55, 59 (T
4, lines 49–58); Cogan and Tadmor, 2 Kings, 247–248, 337–339. For the corresponding
portions of the Taylor and Oriental Institute Prisms, see Borger, BAL2, 73–75; ANET
287–288. On the sources and history of Sennacherib’s third campaign, see Gallagher,
Sennacherib’s Campaign.
54. Prism A: Borger, Die Inschriften Asarhaddons, 60–61 (Nin. A, V 54-VI 1);
Cogan and Tadmor, 2 Kings, 339. See Miller and Hayes, History, 424–425.
55. On the historicity of Assyrian annals and related sources, see Kuhrt, Ancient
Near East, 2:473–478.
56. On the economic and ideological bases of Assyrian expansion, see Gitin, “The
Neo-Assyrian Empire and Its Western Periphery,” 77–103. For ideological and Assyria’s
explicit reasons for undertaking campaigns, see Oded, War, Peace, and Empire (see
pp. 2–3 on the underlying economic rationale).
57. For the texts see Horowitz, Oshima, and Sanders, Cuneiform in Canaan, with a
discussion of NA materials on pp. 19–22. See also the overview in Horowitz, Oshima,
and Sanders, “Bibliographical List.” For a statistical summary of the finds (and their
implication for a NA rather than a NB dating of CC), see Levinson, “Is the Covenant
Code an Exilic Composition?” 295 and n. 39. For some description and bibliography,
see also Stern, Archaeology, 14–18, 45, 587, 588 (also 332–335, 614–615). It is not clear
if an ivory plate with a Hebrew inscription (perhaps from the end of the eighth century)
found in Nimrud/Calah is evidence of Israelites living in this city. It could have been
brought there by Assyrians (Becking, Fall of Samaria, 79–80). In any case, it reflects
on the nature of the exchanges between the two cultures.
58. For pictures of the fragments found at Samaria and Ashdod, see Cogan and
Tadmor, 2 Kings, plate 11.
59. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 115 (Samaria 4).
See brief descriptions of the various Akkadian texts in the land of Israel in their
“Bibliographical List.”
60. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 45 (Ben-Shemen 1).

61. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 40 (Ashdod 2–3, perhaps
two different stelae, and Ashdod 4). According to Börker-Klähn, Altvorderasiatische
Bildstelen, Sargon II set up stelae in the west, in Ashdod (#174, p. 202), Larnaka (#175,
pp. 202–203), Asharna (by Hama; #177, p. 203), and Samaria (#179, p. 203). Cf. Becking,
Fall of Assyria, 114.
62. Horowitz, Oshima, Sanders, Cuneiform in Canaan, 111 (Qaqun 1). For
Esarhaddon’s stelae elsewhere in Syria, see Börker-Klähn, Altvorderasiatische
Bildstelen, ##211–219, 222 (pp. 211–215).
63. Ashurnasirpal II set up a stela in the Amanus Mountains commemorating his
achievements (Grayson, Assyrian Rulers I, 219 [A.0.101.1 iii 89]). Shalmaneser III set
up various stelae in Syria-Lebanon and southeast Turkey: at the Amanus Range at the
Saluara River: Grayson, Assyrian Rulers II, 10 (A.0.102.1 62–63); 16 (A.0.102.2 49–50);
at Mt. Atalur = (?) Lallar next to the Anum Hirbe statue: Grayson, Assyrian Rulers
II, 17 (A.0.102.2 9–10), 25 (A.0.102.3 91–92), 29 (A.0.102.5 3), 64 (A.0.102.14 30–31),
74 (A.0.102.16 8–11), 103 (A.0.102.28 23–24), 105 (A.0.102.29 21–25), 112 (A.0.102.34
7–11); two statues in Que: Grayson, Assyrian Rulers II, 58 (A.0.102.11 10′-12′), 78
(A.0.102.16 149′-150′); at Mt. Lebanon: Grayson, Assyrian Rulers II, 78 (A.0.102.16
135′-136′)]; at the city of Laruba: Grayson, Assyrian Rulers II, 79 (A.0.102.16 160′–161′).
See Börker-Klähn, Altvorderasiatische Bildstelen on the textually attested examples,
##T34145–T37145 (pp. 186–187). For an example of a text inscribed on a royal statue
commemorating campaign events, see Grayson, Assyrian Rulers II, 58–62 (A.0.102.12;
photo at ANEP, #819).
64. Fragment of annals, Grayson, Assyrian Rulers II, 60 (A.0.102.12 28–30); see Miller
and Hayes, History, 330–331. (Compare the description in Grayson, Assyrian Rulers II, 58
[A.0.102.11 10′–12′], 78 [A.0.102.16 149′–150′].) On the rationale behind royal monuments
(and a listing of other examples), see Oded, War, Peace, and Empire, 157–161.
65. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 113 (Samaria 2); cf.
Becking, Fall of Samaria, 112–113.
66. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 98–99 (Tel Keisan 1).
They note that though this text dates from 750–650 BCE by archaeological context, “the
sign forms all appear to be written in a Neo-Babylonian hand with a blunted stylus.”
67. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 61–64 (Tel Hadid 1 and
2). Tel Hadid 1 is the sale of a field. Tel Hadid 2 is a loan, where the sister of the bor-
rower serves as a pledge in place of interest.
68. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 100 (Khirbet Kusiya 1).
69. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 126 (Shephela 1).
Horowitz, Oshima, and Sanders, “Cuneiform Inscriptions,” mention a “Qaqun 2”
stamp inscription referring to fields, but it is not listed in their book.
70. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 55–59 (Gezer 3 and 4 =
Becking, Fall of Samaria, 114–118 Gezer 1 and 2).
71. Horowitz, Oshima, and Sanders (Cuneiform in Canaan, 20–22) note that “Gezer
3–4 and Hadid 2 include West-Semitic names which most likely belong to members of
the local population.” With regard to names, they note (p. 22) that “it is usually assumed
that all Babylonians named in the documents are deportees (or their offspring . . . ), but
this need not necessarily be the case, particularly given the presence of the Assyrian
names. It is possible that at least some of the Babylonians mentioned relocated volun-
tarily to serve in the Assyrian administration. In this light, we suggest that the Lamaštu
plaque Shephela 1, the votive cylinder Samaria 3 . . . , and the cylinder seal Wingate 1
may have belonged to expatriate Mesopotamians in the service of the crown, or who
perhaps lived in the west voluntarily for some other reason.” They go on to suggest
that some of the evidence indicates greater social and economic interaction between
Assyria and the west as the seventh century progressed.
72. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 112 (Samaria 1). They
note other restorations are possible for the name.
73. Becking, Fall of Samaria, 112.
74. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 44 (Beer Sheva 1) and
153 (Wingate 1; find site unknown).
75. Horowitz, Oshima, and Sanders, Cuneiform in Canaan, 113–114 (Samaria 3); cf.
Becking, Fall of Samaria, 114. Becking reads the name Nabu-zabi[1].
76. Becking, Fall of Samaria, 114. Morrow (“Cuneiform Literacy,” 210) acknowl-
edges Becking’s conclusion. Morrow has less resistance to knowledge of Akkadian
in Samerina. He says that Assyrian influence on Judah may have come from contact
with “Mesopotamian emigres in the province of Samerina as well as with the Assyrian
administration and army stationed in Judah.”
77. Stern, Archaeology, 14.
78. Cogan, Imperialism, 93–94. His book discusses a wide range of intercultural
interactions. His study emphasizes, however, that the Assyrians did not impose their
religion upon Israel and Judah (see also Cogan, “Judah under Assyrian Hegemony”).
79. Scribes using Aramaic could be designated LÚA.BA.MEŠ KUR Ára-ma-a-a (so
Tadmor, “Aramaization of Assyria,” 453).
80. Oded, Deportations, 100–101. A number of the texts to which Oded refers
appear in Kwasman and Parpola, Legal Transactions of the Royal Court of Nineveh,
Part I. The texts that appear in this volume (SAA 6), with the Northwest Semitic names,
are: ADD 387=SAA 6, 42–43, text 40 rev. 11: Abda’ (the possible Samarian individual
named Sama’, a “horse trainer,” also appears in this tablet’s list; see earlier); ADD
234=SAA 6, 38 text 34 rev. 7: Ahiram; ADD 470=SAA 6, 263–264 text 325 obv. 2:
Asqudu; ADD 232=SAA 6, 77 text 89 rev. 9: Damaʼ; ADD 19=SAA 6, 46 text 43:7:
Misu; ADD 412=SAA 6, 20 text 17 rev. 15: Šaulanu (also called the ābit uppi “keeper
of the tablet,” i.e., a cuneiform document); ADD 230=SAA 6, 145–146 text 177 rev. 11:
Tatî (also called the ābit egirte “keeper of the tablet” [CAD E 46b: “depositary of the
contract”]).
81. Morrow, “Cuneiform Literacy,” 209. He stresses the limited topical scope of
the texts to argue that they should not be used to suggest that the scribes at Hamath,
and by inference in Judah, had any extensive knowledge of Akkadian. But see later on
Morrow’s views.
82. Dalley, “Occasions and Opportunities,” 26–27 (cf. Kuhrt, Ancient Near East,
501–502). One can add to the evidence the bilingual (Aramaic and Akkadian) inscrip-
tion of Tell Fekherye, which shows scribes outside Mesopotamia proper (i.e., on the
upper west branch of the Khabur River) working with Akkadian. Though this is dated
to the ninth (possibly early eighth) century, somewhat earlier than the window of
opportunity suggested for CC by this study, it shows the cross-cultural tendency in
cuneiform scribalism. Dalley (“Influence of Mesopotamia,” 79) notes: “Early in the
Iron Age scribes for cuneiform and for alphabetic Aramaic worked side by side as
they are shown on neo-Assyrian relief sculpture.” After referring to the Tell Fekherye
bilingual text and the Rabshakeh episode in 2 Kings, she says: “To suppose a wide
gulf between cuneiform and the alphabetic scripts, or between Akkadian and Hebrew
among educated men, is mistaken.” See also Levinson, “Is the Covenant Code an Exilic
Composition?” 269. See also n. 92.
83. Barmash (Homicide, 204) notes that “certain Israelite scribes, in order to pro-
duce business or diplomatic documents that could be used further afield throughout the
ancient Near East, must have learned Akkadian, the lingua franca of the ancient Near
East, and among the school texts used for training native Akkadian scribes were legal
collections and texts composed of legal formulas. It is reasonable to suppose that such
material was available in the education of Israelite scribes. Probably not all Israelite
scribes had this training, but a percentage did. Some educated individuals, not neces-
sarily scribes by profession, may also have been exposed to this type of training.”
84. For the stages of education, see Carr, Tablet, 22–27; Gesche, Schulunterricht;
Lenzi, Secrecy and the Gods; van der Toorn, Scribal Culture, 54–67. Gesche (Schulun-
terricht, 23) says that in NA times, the education of scribes was probably similar to
what is found in first-millennium Babylon. In another place (pp. 217–218), she says
that LH would have been used in the education of advanced scribes at Babylon. Cf.
Hurowitz, “Spanning the Generations,” 16; Carr, Tablet, 26. At the same time, LH is
not an esoteric document, as indicated by its own context and especially the wronged-
man passage of the epilogue. It is reasonable to believe that scribes even at an early
level of education may have been exposed to it. Carr (Tablet, 27) notes that “all students
underwent a similar education in the science of cuneiform writing and ideological texts
promoting king and temple, while only those scribes destined for a scholarly or temple
career progressed to spells and the mastery of a yet higher and more esoteric science of
writing” (see also his p. 33). LH was certainly a text that could be used for such ideo-
logical education. For an argument for literacy in the Neo-Assyrian period, see Parpola,
“The Man without a Scribe.”
85. Display Inscription, lines 177–186: Fuchs, Die Inschriften Sargons II, 244–246,
355; cf. Display Inscription from Room XIV lines 59–69: Fuchs, pp. 80–81, 312. An
example with a more detailed listing of western participants is from the annals of
Ashurnasirpal II. Since this is prior to the time of Assyria’s engagement with Israel and
Judah, they are not listed, but their close neighbors to the north are. One can imagine
that later, Israel and Judah were invited and expected to attend similar events. The
Assyrian king invited various western dignitaries, including representatives from Tyre
and Sidon, to celebrate the dedication of his palace at Calah. The Phoenicians were
among a total of 69,574 visitors. Ashurnasirpal says that “for ten days I gave them food,
I gave them drink, I had them bathed, I had them anointed. (Thus) did I honour them
(and) send them back to their lands in peace and joy” (Grayson, Assyrian Rulers I, 293
[A.0.101.30 149–154]; his translation).
86. He refers here to the Great Summary (= Display) Inscription, lines 177–179 and
Fuchs, Die Inschriften Sargons II, 355.
87. Younger, “Recent Study,” 318–319.
88. Frahm, Einleitung in die Sanherib-Inschriften, 55, 59 (T 4, line 58); Cogan and
Tadmor, 2 Kings, 339.
89. Parpola, Correspondence of Sargon II, Part I, 92 (text 110 rev. 5–9). Compare
the administrative text that lists “greeting gifts” of gold or silver from Ammon,
Moab, Judah, and Byblos delivered to the Assyrian king (Fales and Postgate, Imperial
Administrative Records, Part II, 30 [text 33] and p. xx; note also the brief receipt of
silver from Judah on p. 43 text 57).
Notes to Page 101 395
90. Becking, Fall, 107–108 (ABL 1201 = Parpola, Correspondence of Sargon II,
Part I, 170, no. 220), from after the fall of Samaria.
91. Becking, Fall, 108–109 (CT 53, 388), from time of Sargon II/Sennacherib.
92. Becking, Fall, 111–112 (CT 53, 38 = Lanfranchi and Parpola, The Correspondence
of Sargon II, Part II, 206, no. 291), from the time of Sargon II. An alternative interpre-
tation is that these place-names refer to laborers from these areas working in Assyria
to build Sargon’s palace. With regard to the administrative use of Akkadian, Parpola
suggests that communication with provincial governors shifted from cuneiform to
Aramaic at the time of Esarhaddon, a shift that may be already underway at the time
of Sennacherib (“Assyrian Royal Inscriptions,” 122–123; cf. Morrow, “Cuneiform
Literacy,” 208; Tadmor, “Aramaization of Assyria,” 451–453). Tadmor (“Aramaization,”
453–455) discusses evidence of bilingualism (Aramaic and Akkadian) of scribes. For
Aramaic dockets on Neo-Assyrian clay tablets otherwise written in Akkadian, see
Frame, “Neo-Babylonian Tablet,” 107–110. Such dockets “were probably intended to
aid in the retrieval of stored documents by individuals more familiar with the Aramaic
script than cuneiform. These dockets attest to the growth of Aramaic . . . and the decline
of . . . Akkadian” (Frame, p. 108).
93. On various professionals among the deportees, see Oded, Mass Deportations,
99–104. Oded is careful to add that not all foreigners in Assyria were deportees. Some
came to pursue professional activities. He notes that a certain Girrêma may have been
“an Israelite/Judean who came to Nippur from Assyria for business” (pp. 103–104).
94. Becking, Fall of Samaria, 78, interprets this phrase “to the mainland of
Assyria.”
95. Based on the translations of Dalley, “Foreign Chariotry,” 36, and Becking, Fall
of Samaria, 28–30. For the variant Display Inscription, see n. 85. See the composite
text of Cogan and Tadmor, 2 Kings, 200; for the Prism inscription, see p. 336 (6A). See
the Display Inscription lines 23–24. See Fuchs, Die Inschriften Sargons II, 196–197,
344–345.
96. Dalley and Postgate, Tablets from Fort Shalmaneser, 167–179 (text 99 ii 16–23);
the names are also apparently listed in text 108 iii’ 33ff. (fragmentary).
97. Becking notes that ai(PAP)-i-ú may be a copyist error for ai(PAP)-ia-ú “and
may be the same person as PAP-ia-ú mentioned twice in this archive . . . ; [a person
with the name] yw [is] a deportee in Nimrud” (Fall of Samaria, 75; cf. p. 85). Eph’al,
“Samarian(s),” 42, says ia-u-ga-a and ai-i-ú can be considered Israelite. The names
Abdimilku and Sama are west Semitic. The other names in the Horse List text are prob-
ably Assyrian or Babylonian. Becking’s judgment that this group is of mixed national-
ity is probably correct. See also the discussion at Younger, “Deportations,” 210–221.
See n. 105.
98. Becking, Fall of Samaria, 76, agrees with Dalley in this identification.
99. Dalley, “Foreign Chariotry,” 41 (see pp. 40–41).
100. A potsherd, found in the building in which the Horse Lists were found, lists
west Semitic names in Aramaic script. Some of the names are Canaanite, and probably
Israelite specifically (other names reflect other west Semitic nationalities). It may be a
list of deportees who served in the Assyrian army (Becking, Fall of Samaria, 80–83).
Two other short or broken texts (discussed by Becking, Fall of Samaria, 77–78) indicate
Israelites were in the Assyrian army, including Nadbi-Yahu, a chariot driver.
101. The same passage appears in both Sargon’s Cylinder Inscription (lines 72–74;
Fuchs, Die Inschriften Sargons II, 43–44, 296) and his Small Display Inscription from
Room XIV (lines 49–51; Fuchs, Die Inschriften Sargons II, 79–80, 311). See Dalley,
“Occasions,” 27, cited as evidence of Assyrian education within the land of Israel/
Judah. Younger (“Deportations,” 224) notes that for deported peoples from various
lands, “the only way to survive [in Assyria] was to find a common language (obviously
Assyrian or perhaps Aramaic in this case), intermarry with everyone else, serve loyally
the Assyrian king, do the labor required, adopt other religious deities, and be receptive
to cultural practices. That the Assyrians instructed some deportees in Assyrian or some
common language can be seen in Sargon’s Cylinder inscription.”
102. For the idiom, pâ ištēn šakānu(m), see CDA 277a. Dalley (“Occasions,” 27)
translates “I caused to accept a single voice” with a note indicating that it is not clear if
this means “one command” or “one language.”
103. Dalley (“Occasions,” 27) translates “expert in all kinds of knowledge.”
104. Dalley (“Occasions,” 27) translates “to teach them to assimilate (?).”
105. See the evidence presented in Becking, Fall of Samaria, 83–93. Younger
(“Deportations,” 224), speaking more broadly of West Semitic names in Assyria, says:
“It is not coincidental that in the wake of the annexation of large parts of Syria-Palestine
and of widespread deportations during the reign of Sargon II, West Semitic names
‘enjoyed a peak of presence and of social significance’ [citing Fales]. Subsequently, as
Fales surmises, the importance of West Semitic names decreased somewhat, although
the fresh arrivals of new deportees (especially during the reign of Sennacherib) kept the
‘input’ of the West Semitic onomastic component quite high. But the plentiful mixed
names show that a certain ‘assyrianization’ was at work. In fact, it is evident that the
direction of change is unilaterally toward Assyrian.” On Hebrew names in seventh-
century Mesopotamian inscriptions, see Stohlmann, “Judean Exile,” 167–168, and
the bibliography there. On Yahwistic names in Neo-Assyrian literature, see Younger,
“Yahweh.”
106. See n. 53.
107. Prism A: Borger, Die Inschriften Asarhaddons, 53–54 (Nin. A IV 1–22). For
Arabian-Assyrian relations, see Cogan, Imperialism, 15–21.
108. On the passage, cf. Tadmor and Cogan, “Ahaz and Tiglath-Pileser.”
109. For critical analysis of the passage, see the literature at the end of n. 78 in
chapter 11.
110. See Cogan and Tadmor, 2 Kings, 240–251, for critical analysis and other
considerations.
111. Machinist, “The rab šāqēh at the Wall of Jerusalem,” 159. See the caution of
Becking, Fall of Samaria, 78.
112. The story about Manasseh’s deportation to Babylon (2 Chron 33:11) may be a
fiction, though based on the custom of the Assyrian kings’ deporting local rebellious
kings. If it is based on an actual deportation of Manasseh, it provides another example
of the travel of ranking Judeans to Mesopotamia. Perhaps also relevant are the reports
that Samaria was resettled by people from Babylon (2 Kings 17:24) and that resettle-
ment continued into the seventh century (Ezra 4:2, 10).
113. Hurowitz, “Hammurabi in Mesopotamian Tradition,” 517–518; Inu Anum
īrum, 62–63 n. 70; Weinfeld, Deuteronomy and the Deuteronomic School, 150–151.
114. Gesche, Schulunterricht, 219 (see Wright, “Laws of Hammurabi as a Source,”
53 n. 55). Van der Toorn, “Scholars at the Oriental Court,” 39–40, 41, also thinks that
the stories in Daniel in general depict the atmosphere of the royal courts of Babylon
and Assyria.
115. For an edition, see Parpola and Watanabe, Neo-Assyrian Treaties, 28–58.
116. For loyalty, compare Deut 13:1–19 and 17:2–7 with VTE §§8–12, especially
§10; for the curses, compare Deut 28:20–44 with VTE §§37, 38a-42, 47–49, 52, 56, 59,
63–64, 85; for not altering the treaty document, compare Deut 13:1 with VTE §4 (lines
57–61); for “loving” the sovereign, compare Deut 6:5; 10:12; 11:1 with VTE §24; for
giving him wholehearted commitment, compare Deut 6:5–6 and VTE §34; for teaching
obligations to children, compare Deut 6:6–7, 20; 11:19 with VTE §25, 34; for allegiance
solely to the sovereign, compare Deut 6:4 with VTE §57 (lines 507–512; this is related to
loyalty obligations). See Frankena, “Vassal-Treaties”; Levinson, “Birth of the Lemma,”
614–617; “But You Shall Surely Kill Him!” (esp. pp. 38, 40, 54–62); Deuteronomy, 134,
145; “Textual Criticism,” 236–241; “First Constitution,” 1863; “Reconceptualization
of Kingship,” 527–528; “The Neo-Assyrian Origins of the Canon Formula”;
“Textual Criticism,” 236–241; “You Must Not Add”; Moran, “Ancient Near Eastern
Background”; Morrow, “Resistance and Hybridity,” 336–337; Otto, Deuteronomium,
2–12, 13–90; “Das Deuteronomium als archimedischer Punkt”; “False Weights,”
130; “Gesetzesfortschreibung,” 379–380; “Rechtsreformen in Deuteronomium XII–
XXVI,” 239–243 (this contains a detailed list of correspondences); “Treueid,” 44–46;
Steymans, Deuteronomium 28, 143–151, 284–312, esp. 311 and 380; Weinfeld, “Traces
of Assyrian Treaty Formulae”; Deuteronomy and the Deuteronomic School, 117–129;
cf. Streck, “Flüche.” For the historical and compositional context of Deut 13, see Dion,
“Deuteronomy 13” (pp. 204–205 for consideration of VTE and the date of the chapter).
Assyrian treaty influence on the west is not limited to the example of Deuteronomy. The
Sefire stelae (mid-eighth century) constitute a treaty text with motifs from Assyrian
treaty (cf. Levinson, “Is the Covenant Code an Exilic Composition?” 295–296). For
treaty influences broadly on biblical literature, see McCarthy, Treaty and Covenant.
117. For a date of Deuteronomy’s laws to the time of Manasseh, see Levinson’s view
in n. 32. Morrow (“Sefire Treaty Stipulations,” 97) notes elements in the Sefire texts
that are not found in NA treaty but are found in second-millennium treaty formulations;
they are “an amalgam of different traditions” (see also Morrow, “Cuneiform Literacy,”
212–213; Weinfeld, Deuteronomy and the Deuteronomic School, 91–100). This does not
gainsay the evidence of Neo-Assyrian connections specifically. Morrow (“Cuneiform
Literacy,” 210–211) says that VTE could have been known in Israel/Judah, though pos-
sibly in Aramaic.
118. For Deuteronomy’s possible knowledge of MAL A, see later.
119. Machinist, “Assyria and Its Image.” In the order of his treatment: Isaiah 37:24
(// 2 Kings 19:23); 1:7–8; 10:13; 37:26b (// 2 Kings 19:25); 8:7–8; possibly Isa 10:8; 14:25.
120. Machinist, “Assyria and Its Image,” 729.
121. Machinist, “Assyria and Its Image,” 730–733.
122. Machinist, “Assyria and Its Image,” 732–733.
123. Morrow, “Cuneiform Literacy,” 204.
125. See Morrow, “Is There a Redactor,” 118–119. See also his forthcoming study
“ ‘To Set the Name’ in the Deuteronomic Centralization Formula,” which argues for
Akkadian influence on the Deuteronomic idiom but is still skeptical about the scope of
Akkadian knowledge in Judah.
It must be stressed that dating CC to the exile and therefore after Deuteronomy does
not provide a solution for CC’s similarities with LH and perceived limitations in scribal
abilities, in Akkadian or otherwise, at the end of the 8th and into the 7th centuries.
Deuteronomy has a number of laws of motifs in common with LH and CC: the X/X+1
year pattern in the basic debt-slavery prescription plus the accompanying rite determin-
ing the relation of the slave to the master with mutilation of the ear (Deut 15:12–18; cf.
Exod 21:2, 5–6; LH 117, 282; see chapter 5), a talion law (Deut 19:21; cf. LH 196–201;
Exod 21:23–25; see chapter 6), associating the sovereign’s name with the cult place
(Deut 12; cf. LH cols. 47:93–48:2; Exod 20:24), and a focus on a three classes of impov-
erished person (Deut 24:17–22; cf. LH col. 47:59–62; Exod 22:20–21; 23:9; see chapters
3 and 11). It is not reasonable to say that these laws or motifs were coincidentally pres-
ent in Deuteronomy when CC supposedly used LH and Deuteronomy as sources in the
exile (see the thesis of Van Seters summarize in chapter 1). Moreover, in each of these
cases, CC is beholden only to LH; Deuteronomy as an influence is superfluous. These
considerations mean that a linear model of textual development is required, from LH to
CC to Deuteronomy, and this places CC in the preexilic period. To this may be added
the solid evidence and argument proffered by other scholars that in other laws, CC is a
source for Deuteronomy (see n. 32, earlier; see also chapters 1 n. 83; 13 n. 19).
126. See Wright, “Holiness, Sex,” 321–322; Dalley, “Influence of Mesopotamia,”
64–68. See Tigay, “On Evaluating Claims of Literary Borrowing,” 250, 252, 255, for
some discussion of knowledge of Gilgamesh among biblical writers, even in the postex-
ilic period, as suggested by Eccl 4:9–12; 9:7–9; Dan 4:30.
127. See chapter 11, n. 78.
128. Carr, Tablet, 61, offers a standard traditions view of the similarities between
Genesis and Atrahasis, Gilgamesh, and Enuma-Elish: “[Mesopotamian] texts like this
provide provocative pointers to possible influence of the Sumero-Akkadian tradition
on texts written long after that tradition is attested in the Syro-Palestinian area. Yet
is it quite unclear how such influence would have taken place or what kind of textual-
educational system Israel itself had. Perhaps earliest Israel was influenced somewhat by
the last remnants of the Sumero-Akkadian tradition in Canaan, and it is still possible
that some later scribal circles in Israel were influenced by elements like treaty formulae
that were most pertinent to the sorts of international diplomacy with Assyria in which
they were engaged.” On p. 157, he speculates about a “pre-Israelite textual-educational
system, one still bearing the marks of past importation-translation of Mesopotamian
(e.g., Gilgamesh or Atrahasis) and Egyptian materials.” See also pp. 161–173 of his
book. Lambert (“Interchange of Ideas,” 315) says: “in all likelihood the Babylonian
material transformed and embedded in Genesis 1–11 reached Syria-Palestine in the
Amarna period, became local oral tradition in this area, and in this form eventually
reached the Israelites” (this differs directionally and chronologically from his Amorite
hypothesis for the talion laws in LH; see chapter 1 n. 69). For the fifteenth/sixteenth
century BCE fragment of Gilgamesh from Megiddo (similar to part of the Standard
Babylonian Tablet VII), see George, Gilgamesh, 1:339–347; Horowitz, Oshima, and
Sanders, Cuneiform, 102–105. See also Heger, “Source of Law,” 325, on influences
from Mespotamian myth and law on the Bible.
129. The results of this study will have to be considered in connection with the
study of scribal schools and education in Israel and Judah. Some may argue that since
professional scribal education was extremely limited, even in the Hebrew language,
one should not expect scribes to have abilities in Akkadian. Morrow (“Cuneiform
Literacy,” 207) says that the nature of the Judean scribal system in this period would not
have allowed for “assimilating” cuneiform texts to any significant degree, even if they
were available in Judah. But since the Akkadian training responsible for CC may have
taken place in Assyria, it may have been quite independent of the local scribal system.
At the same time, the extent to which Mesopotamian motifs find their way into Israelite
and specifically Judean literature, as noted here in the cases of Deuteronomy, Isaiah,
and Genesis, in addition to the evidence of CC, indicates that CC’s use of LH cannot
be entirely separated from local scribalism. In any case, CC is tied into the production
of literature in Israel and Judah, both in its apparent connection to a basic narrative
in Exodus (see chapter 12) and the influences of CC and this narrative upon the soon-
to-emerge works of Deuteronomy and the Holiness Legislation (see chapter 13). For
works on the scribal institution in Israel and Judah and the related issues of literacy and
education (one has to distinguish between “schools” that trained scribes and those that
trained the general populace), with the observation that it is in the eighth century that
the scribal institution crystallizes there, see Crenshaw, “Education in Ancient Israel”
(note p. 614); Education, 85–113; Jamieson-Drake, Scribes and Schools (note esp. pp.
136–148, 151). See also Carr, Tablet; Haran, “Literacy”; Lemaire, Écoles; Person,
Deuteronomic School, 65–101; Rollston, “Scribal Education”; Schaper, “Exilic and
Post-Exilic Prophecy”; Schniedewind, How the Bible Became a Book; Tov, “Writing
of Early Scrolls”; van der Toorn, Scribal Culture. Carr (Tablet, 165) and Schniedewind
(Bible, 64–75) have noted that the Neo-Assyrian Empire may have had particular influ-
ence on the nature and development of scribal education in Israel. Clearly, the produc-
tion of (proto)-biblical texts in the eighth and seventh centuries is an indication of the
high level of local professional scribalism generally at this time. For reservations about
preexilic scribalism, see Ska, Introduction, 173–177 (also a concern in the Scandinavian
School, noted by Pury and Römer, “Le Pentateuque en question,” 46).
130. Levinson (“Is the Covenant Code an Exilic Composition?” 292–293) builds on
this fact in his critique of Van Seters’s dating of CC to the exile, a period when fewer
copies of LH are attested (see the appendix). Since Levinson wrote, text x has been
joined to J (see later).
131. The basic list of manuscripts (with publication information) is found in Borger,
Lesestücke, 2–4 and 50, and Roth, Law Collections, 251–253, with supplements by
Levinson, “Is the Covenant Code an Exilic Composition?” 293. The Roman sigla are
from Borger and Roth; the Greek sigla α and ζ are my own. Manuscript α is described
in Borger, Lesestücke, 50 and Lambert, Catalogue, 34; manuscript ζ is described in
Lambert, “Addenda,” 95. Lambert (Catalogue) lists three other possible fragments of
LH (they are described as “LH ?” with no correlation of content to LH): K 19454 (p. 35);
K 19727 (p. 39); and K 21227 (p. 59). I am not including these last tablets in my survey
here. I thank Tzvi Abusch for help in finding the information from Lambert.
132. Laessøe (“On the Fragments,” 179), based on a more limited number of frag-
ments, concluded that there were at least three copies of the series. The additional frag-
ments now available suggest at least five copies.
133. The variants for the most part can be found in Borger, Lesestücke, 5–50; selec-
tively in Richardson, Hammurabi’s Laws (at the bottom of his Akkadian text; see also
15–19); and earlier in Driver and Miles, Babylonian Laws, 1:108–114.
134. See Laessøe, “Fragments,” 183–186.
135. Westbrook (“Biblical and Cuneiform Law Codes,” 256) notes that “the copies
[of LH] are remarkably faithful to the original; certainly no changes whatsoever were
made to the substantive law. The reason is that it became a piece of canonical litera-
ture, a part of the scribal school curriculum that was copied for its own sake.” Others
note that the variants are relatively minor with regard to general content, including
Cardascia, “Transmission,” 35–36; Finkelstein, Ox, 16b; Richardson, Hammurabi’s

Laws, 15–19. For analysis of variants, see Richardson, Hammurabi’s Laws, 14–19.
136. Laessøe, “Fragments,” 184; cf. Wiseman, “Laws of Hammurabi,” 161.
Finkelstein (“Late Old Babylonian Copy,” 42) notes that the laws may have been com-
posed first and then late in Hammurabi’s reign placed in a royal hymn context to pro-
vide the prologue and epilogue.
137. On LH as a scribal-canonical text, see Bottéro, Mesopotamia, 156–184;
Cardascia, “Transmission”; Hurowitz, “Hammurabi in Mesopotamian Tradition,” 503–
506; Lambert, “The Laws of Hammurabi in the First Millennium,” 95–97; Leemans,
“Hammurapi’s Babylon,” 91, 96; Roth, “Mesopotamian Legal Traditions,” 19–21; Law
Collections, 73–76; Wiseman, “Laws of Hammurabi,” 162.
138. I had the opportunity to examine and photograph unpublished fragments k, L,
m, n, o and x (now physically joined to J) in the British Museum in the summer of 2006.
139. For the fragment, see Borger, “Kleinigkeiten,” 365–366. Laessøe (“Fragments,”
179) considers T a duplicate to P.
140. Lambert, “Addenda,” 95.
141. As observed by Borger, Lesestücke, 4.
142. See von Soden, “Duplikate aus Nineve,” 339–340.
143. Lambert, Catalogue, 34; for variants of this manuscript against the Stela, see
Borger, Lesestücke, 50.
144. See my cautions about Hittite connections in chapter 1, n. 117. The similar-
ity of CC’s laws to the HtL may be explained by the influence of Mesopotamian law
on Hittite law. For this, see Otto, Körperverletzungen, 116–117; “Bedeutung,” 152
n. 64; “Aspects,” 179–182; Rothenbusch, Rechtssammlung, 215–220 (esp. 218–219),
395; Westbrook, “What Is the Covenant Code?” 23; Studies, 43 (here he says that
the “Hittites . . . almost certainly had had the privilege of reading CH”). For cunei-
form scribal traditions among the Hittites, including the early period, see Beckman,
“Mesopotamians and Mesopotamian Learning.” For possible immigration of Anatolian
peoples into Palestine and influence on Israelite culture, see Collins, Hittites, 213–218.
145. Tablets A and B belong to the time of Dadusha (Yaron, Laws, 19–21; Roth, Law
Collections, 57–58). A fragmentary student excerpt from LE (Haddad 116) was found
at Tell Haddad in 1982, dating to the time of the main LE texts. See al-Rawi, “Assault
and Battery,” 118.
146. The fragment is K 10135; see Otto, “Rechtsreformen in Deuteronomium,”
242–243; Postgate, “Assyrian Texts and Fragments,” 19–21 and pl. 12 no.4; Roth, Law
Collections, 153–154. For the Middle Assyrian identification, see Morrow, “Cuneiform
Literacy,” 206, n. 7. Fincke (“Babylonian Texts,” 144) lists K 10135 as a Babylonian
tablet found at Nineveh.
147. Otto, Deuteronomium, 1–2 and n. 5; “Rechtsreformen in Deuteronomium,”
242–243 and n. 24. He notes that MAL A was recovered from a Middle Assyrian library
in a Neo-Assyrian context of a gate complex in Ashur between the old palace and the
Anu-Adad temple. Morrow, in a review of Otto, similarly notes that MAL A and B were
found in Ashur in a Neo-Assyrian context (“Cuneiform Literacy,” 206). He adds (206 n.
7) that the colophons date these Ashur fragments to the MA period and that the ductus
and pattern of firing of the Nineveh fragment (K 10135) dates it to the MA period. For
the find sites, see Weidner, “Das Alter der mittelassyrischen Gesetzestexte,” 47 on texts
A and B, 48–49.
148. Otto, “Rechtsreformen,” 241–242; Deuteronomium, 2–3.
149. Cf. Paul, “Biblical Analogues,” 335–339.

150. These phraseological correspondences are noted by Otto, Deuteronomium,
2–3. He also notes a structural correlation between MAL A 12–16 and Deut 22:22–29.
See also Otto’s extensive discussion of the structure and redaction of MAL A (pp.
91–202 of his study) and of Deuteronomy (pp. 203–378).
151. The tablet writes the verb iš-ša-ba-a-sú, but the last sign should be read si (cf.
Otto, Deuteronomium, 113).
152. See the earlier statement at Wright, “Laws of Hammurabi and the Covenant
Code,” 246–247 n. 71.
153. Otto, Deuteronomium, 216 (and pp. 201–216); “Rechtsreformen in Deuter-
onomium,” 257–261; “False Weights,” 131–132; “Aspects of Legal Reforms,” 189–192;
“Gesetzesfortschreibung,” 379; cf. Otto, Körperverletzungen, 141 and n. 2.
154. Rofé, “Family and Sex Laws in Deuteronomy,” 131–132.
155. For a discussion of the order of Deuteronomy’s laws and literature, see Tigay,
Deuteronomy, 446–459; Levinson, “Carmichael’s Approach,” 232–235 and passim.
156. Other laws that at first do not seem related to their contexts can be explained.
The seemingly extraneous command not to add or subtract from the command in 13:1
is determined by source. It comes from Assyrian treaty and relates to the loyalty com-
mands in Deut 13:2–19, also derived from Assyrian treaty. See Levinson, “The Neo-
Assyrian Origins of the Canon Formula.” Levinson (Deuteronomy, 133) also notes that
Deuteronomy 12 and 13 constitute a “point and counterpoint.” Loyalty to Yahweh is
primarily manifested in observance of rules pertaining to the central sanctuary. The
dietary laws in Deuteronomy 14 relate to the rules about cultic and profane slaughter in
Deuteronomy 12. The theme of holiness in Deuteronomy 14 is also related to the theme
of loyalty in Deuteronomy 13. Firstborn animals in 15:23 are related to the festival
pericope that follows. See the discussion of the relationship of CC’s firstborn offerings
and festivals in chapter 11 of this study. For the coherence of 17:2–7 with vv. 8–13,
see Levinson, Deuteronomy, 98–143. On 18:9–22, see Levinson, “First Constitution,”
1872–1874 and passim. The section on witnesses and talion (19:15–21) fits the context of
homicide asylum and the evaluation of evidence that would occur in that case.
157. See van der Toorn, Scribal Culture, 21–22 and later chapter 13, n. 13.
158. The unknown homicide law (Deut 21:1–9, if part of the third-person corpus)
was inserted after the laws on killing, homicide, and war in chapters 19–20. It was
placed before the captive wife law (21:10–14) because that may have been viewed as
beginning a short section on marriage and children. The loved/hated wife law (21:15–
17) was placed after the captive wife law because the captive wife law ends with the
motif of hatred, found in the captive wife. The rebellious son passage (21:18–21) follows
the loved/hated wife law because the loved/hated wife law dealt with children. The
limitation on corpse exposure (21:22–23) follows the child rebellion law because the
child is executed and is a candidate for exposure. The various laws on adultery and rape
(22:13–21, 22:22; 22:23–27, and 22:28–29) were inserted in the various laws on mixing
just before the mother incest law (23:1). This law attracted the other laws to this location
because it dealt with sexual impropriety. The divorce law of 24:1–14 was presumably
placed where it is because it deals with a case of ‫“ ערות דבר‬unseemly behavior,” which is
found in the camp purity law in 23:10–15 and also conceptually in the prostitute law of
23:18–19. The divorce law (24:1–4) was delayed until after 23:26, perhaps because the
redactor wanted the various laws involving payments (prostitution money, vows, use
of a neighbor’s field; 23:18–26) to play themselves out. It was placed before the pledge
laws (24:6, 10–13) since these move in a new direction. The placement of the divorce
law brought in its wake the insertion of another short marriage law, about deferment
from military service for a newly married soldier (24:5). The kidnapping law in 24:7
may have been put between the pledge laws of 24:6 and 10–13 because of the theme of
debt—a creditor’s forced distraint of a child may have been understood as kidnapping
(note that 15:12–18 allows for distraint of only a debt-holder, presumably not of depen-
dents). (The leprosy law of 24:8–9 does not fit the context and may be an addition.) The
testicle-grabbing law of 25:11–12 may have received its location because of the fol-
lowing apodictic rule not to have “a big stone and a little stone in your pouch” (25:13).
The testicle law brought with it the levirate law (25:5–10) because both have to do with
endangering the posterity of a man. The law limiting flogging in 25:1–3 may have been
placed where it is because it deals with a punishment that is an act of humiliation, a
motif of the levirate law. Too, the flogging and testicle-grabbing laws both involve cor-
poral punishment (apart from capital punishment). The only problem is the placement
of the flogging law before the ox-muzzling law (25:4); one would expect it to come after.
Another explanation for the location of the flogging law is a connection with beating
olive trees (24:20). In sum, the placement of the various third-person corpus laws makes
sense on a case-by-case basis. It supports the notion that the apodictic laws in chapters
21–25 existed as a body prior to the insertion of the third-person laws. The scattered
placement of the third-person laws also indicates that they were inserted by a different
hand than the one that composed the underlying apodictic laws (unless the same editor,
after the fact, decided to upset his previously well-ordered apodictic laws).
159. Rofé, “Family and Sex Laws in Deuteronomy,” 134–135.
160. A question arising from this proposal is why, if CC’s authors created a side col-
lection of family law based on MAL A, did they omit this and related legislation from
LH from CC. Maybe the use of family law in LH 115–195 for debt-slavery diverted
them from presenting this material more straightforwardly.
162. See Roth, Law Collections, 143–144; Oelsner, Wells, and Wunsch, “Neo-
Babylonian Period,” 912.
163. Fincke (“Babylonian Texts,” 112) notes the gaps that exist in the finds from
even Ashurbanipal’s library: “the survey on the tablets of Ashurbanipal’s library is
inevitably based on the material which has been excavated so far. We do not know how
many tablets are either still waiting in Nineveh to be discovered or have already per-
ished and been lost forever. Moreover, the invaders who conquered Nineveh in 612 BC
might have destroyed or even carried off an unknown number of cuneiform tablets. . . . It
is therefore obvious that the material in the British Museum’s Kouyunjik Collection
does not represent the complete number of tablets that were included in the libraries and
archives in Ashurbanipal’s time.”
164. Cf. Otto, “Review of J. Van Seters”; Wells, “Covenant Code.” See chapter 1.
See the considerations of Van Seters, “Revision,” 10, 23–24.
165. It is possible to invoke an informant theory for the few laws that correspond
with other cuneiform collections but not LH. That is, when CC’s author studied LH,
scribal teachers may have brought other laws into the discussion that were relevant to
one or another law in LH.
166. Rothenbusch (Rechtssammlung, 90) notes that one cannot assume that the
author knew LE and so posits an unknown Vorlage. Yaron’s response to the stricture
of Van Selms about the attestation of LE 53 is relevant (Yaron, Laws of Eshnunna,
194 n. 97; Van Selms, “Goring Ox”; see Schwienhorst-Schönberger, Bundesbuch,

245–246). Yaron notes that the question is not whether CC knew LE 53 in particular:
“There is no reason for regarding LE 53 as an innovation or invention of the lawgiver of
Eshnunna. It is merely his reception of a rule which was probably of general, or at least
wide application throughout the ancient East.” That is, we do not need to imagine that
LE or HtL—or perhaps even MAL—was the particular source for the correspondences
of CC with these collections.
167. For the increased presence of Assyrian power in Palestine at the very end of the
eighth century, see Na’aman, “Sennacherib’s ‘Letter to God.’ ”
168. On Ashurbanipal’s library in Nineveh, see Fincke, “Babylonian Texts”;
“British Museum Ashurbanipal Library Project”; Frame and George, “Royal Libraries”;
Lanfranchi, “The Library at Nineveh”; van der Toorn, Scribal Culture, 240–241; cf. Carr,
Tablet, 18–19. Ashurbanipal began gathering texts for his library as early as 664 BCE
(see Frame and George, “Royal Libraries,” 282; see also 277). But Esarhaddon may have
already begun collecting texts earlier (Frame and George, pp. 278–279). A number of
texts were acquired from Babylon after 648, when Ashurbanipal established himself as
king in Babylon (Fincke, “Babylonian Texts,” 122 and throughout; Frame and George, pp.
277, 282). Fincke (“Babylonian Texts,” 139–140; cf. 116; “British Museum’s Ashurbanipal
Library Project,” 55–56) notes that Sargon II may have begun a library collection, and
Sennacherib may have sent these tablets on to the new capital of Nineveh. We do not
need to assume that knowledge of LH was dormant in the Neo-Assyrian period until
Ashurbanipal’s project. Ashurbanipal often acquired tablets from preexisting private or
temple libraries (see Fincke, “Babylonian Texts,” 124, 125, 126, 135, 137, 138, 140). Much
of the text collecting involved gathering texts on writing boards, from which clay tablets
could be copied (see Frame and George, “Royal Libraries,” 282–283). The attestation of
texts in antiquity would therefore have been much greater than what is left for archaeol-
ogy to discover. Part of the problem with knowing specifically when in the Neo-Assyrian
period Hammurabi’s text was known is that the specific dates and find spots for Kuyunjik
tablets remain to be sorted out (see Fincke, “Babylonian Texts,” 115, 141).
169. Hurowitz (“Hammurabi in Mesopotamian Tradition,” 505) notes that “numer-
ous exemplars of LH were discovered at Kyunjik, but not all copies found there were
inscribed necessarily at the site by Ashurbanipal’s scribes. This is shown by a reference
to dināti ša amm[urabi], ‘the laws of Hamm[urabi],’ in a record of tablets sent to the
library from various places,” referring to Lambert, “Laws of Hammurabi,” 95–98.
170. Even though Rothenbusch (Rechtssammlung, 394, 397, 600) sees CC’s casuis-
tic laws as coming from oral tradition, he thinks it was written in a rather short period
and that many of the stylistic or contextual tensions and evidences of development may
actually be due to the redaction of older materials. Only a few passages are second-
ary in his view (e.g., 21:26–27, 31, 36; 22:1–2a, 3, 10, plus the participially formulated
laws). Van Seters (Law Book, 173), whose exilic dating of CC must be rejected, believes
that the whole of Exodus 20:22–23:33 is a single composition. Levinson notes that
Eissfeldt and Noth “maintain the coherence of the entire Covenant Code” (“The Case
for Revision and Interpolation,” 41).
171. The evidence of this study for the relative unified composition of CC should
not be confused with the methodological and exegetical arguments that Westbrook has
put forth for a unified approach to the text (“What Is the Covenant Code?” 15–36; but
see also his Studies, 7–8; see a sample critique by Otto, “Diachronie”). See also n. 46
in chapter 1.
172. Levinson (Deuteronomy, 81–82) makes a similar point about the composition
of Deuteronomy’s festival laws: “[various] philological problems [in the passage] are
better explained as a by-product of the deliberate redactional composition of the festival
calendar. As the Deuteronomic authors transform Passover into a normative sacrifice,
their technique for doing so involves the recontextualization of originally unrelated
lemmas into a new text.” Levinson adds: “the degree of transformation of the lemmas
concerned with each observance accounts for the structural and philological difficulties
long identified but hitherto not resolved. The authors’ redactional work creates textual
‘fault lines’ where original unrelated lemmas abut.”
173. Borger, Lesestücke, 2–5; Roth, Law Collections, 251–252; Levinson, “Is the
Covenant Code an Exilic Composition?” 293.
174. Cf. Bergmann, Codex ammurabi, 1–37
175. Nougayrol (“Les fragments en pierre II,” 150) sees these first five as coming
from a single monument (for the texts, see Nougayrol, “Les fragments en pierre I”).
176. For the variants, see Nougayrol, “Le prologue”; see also the comments by Ries,
Prolog und Epilog, 18, 25.
177. Finkelstein, “A Late Old Babylonian Copy,” 42.
178. See Finkelstein, “A Late Old Babylonian Copy,” 48.
179. For an apparent translation of the epilogue into Sumerian in the OB period, see
Sjöberg, “Was There a Sumerian Version?”
180. Finkelstein (“Hammurapi Law Tablet BE XXXI 22,” 25–27) concludes that
this was copied from a stela in Nippur in the Kassite period. This expands evidence for
the monumental attestation of LH.
181. Veldhuis (“Kassite Exercises,” 72) gives this an MB date as opposed to Borger’s
OB date (cf. Levinson, “Is the Covenant Code an Exilic Composition?” 293 n. 35).
182. Veldhuis, “Kassite Exercises,” 71–72 (cf. Levinson, “Is the Covenant Code an
Exilic Composition?” 293 n. 35).
183. Weidner, “Drei neue Fragmente,” 323.
184. Levinson (“Is the Covenant Code an Exilic Composition?” 293 and n. 35)
labels these texts “Neo-Babylonian,” seeking to disambiguate my classification of “Late
Babylonian” in my “Laws of Hammurabi as a Source,” 67–69. I follow the terminology
that labels Babylonian texts (excluding Standard Babylonian) from 1000–625 (or 600)
as Neo-Babylonian (e.g., the Neo-Bablyonian Laws, n. 162) and texts after this time as
Late Babylonian (see GAG § 2; Caplice, Introduction, 5; Huehnergard, Grammar, xxv).
The problem is that it is extremely difficult to give specific dates to the Hammurabi
manuscripts from the Neo-/Late Babylonian period. Some of them are clearly Late
Babylonian as here defined: B (for which Wiseman, “Laws of Hammurabi,” 162, sug-
gests an Achaemenid date); β (this has a date to “Art[axerxes] 23/7/10,” according to
Leichty, Catalogue, 156). Laessøe (“Fragments,” 180) says that his listing of manu-
scripts on pp. 180–183 is “arranged chronologically,” and he puts “Neo-Babylonian”
texts after Neo-Assyrian texts. Moreover, in his chart of the textual history of LH
(p. 185), he places ms. W (VAT 991) chronologically after the “Neo-Assyrian groups”
and places manuscript Z (VAT 1036) even with, hence contemporary with, manuscript
W. Borger (Lesestücke, 2–4) appears to reflect the difficulty in dating these texts,
describing mss. C, W, Z, and s as “spät, babylonisch,” rather than “spätbabylonisch”
(cf. GAG § 2g), in contrast with his labeling of other Babylonian periods as “altbabylo-
nisch” and “mittelbabylonisch.” He also labels text B as “späte Kopie, babylonisch.” For
the dating of an unpublished prologue text, see the preceding note. I thank Tzvi Abusch
for leading me to Leichty’s catalogue and helping me with the problem of dating the
Neo-/Late Babylonian texts.
185. The Greek sigla are applied to fragments described in Leichty, Catalogue (BM
54795, p. 156; BM 57873, p. 244; BM 59776, p. 293), and Fadhil, “Prolog.” Fadhil notes
(p. 717) that two copies of the prologue were found at Sippar, but he publishes a translit-
eration of only Sippar 3/2166 (he does not give the catalogue number of the other text).
One of Fadhil’s texts must be that referred to in the excavation report “Excavations in
Iraq 1985–1986, Sippar (Abu Habba),” in Iraq 49 (1987) 249. Pedersén (Archives, 194,
cf. p. 197) dates the texts of the excavations to which this tablet belongs between 625
and 486 BCE. This 1985–86 tablet is not to be confused with texts B and C, which were
known prior to this time.
186. D. J. Wiseman, “Laws of Hammurabi Again,” 162. For the variants, see
Hurowitz, Inu Anum īrum, 7 n. 16, 17–24, 67–68; Borger, Lesestücke, 7; Ries, Prolog
und Epilog, 21–25.
187. Cf. Eilers referenced at Laessøe, “Fragments,” 183 on BE 35271.
188. Leichty, Catalogue, 156.
189. Leichty, Catalogue, 244.
190. Sollberger, “New Fragment,” 130 (cf. Leichty, Catalogue, 293).
191. Sollberger, “New Fragment,” 131. He toys with the possibility that this is actu-
ally an Ur III text whose textual tradition may have fed into the composition of LH. But
he decides in favor of its being “an archaizing text, either copied from a monumental
code, or prepared as a model for a monumental code.” He notes that its text is not
exactly the same as the Louvre Stela (mainly the syntax of the amounts to be paid per
day is inverted in LH 275 and 277; a verb is omitted in LH 276).
Chapter 5
1. There is an emotional inversion, too: the male becomes a permanent slave because
he loves his master; the woman is released because her creditor hates her and ends up
not supporting her. On the structure, see Jackson’s comment on the structure, cited
in chapter 11 (p. 306). For the parallel structure, see also Chirichigno, Debt-Slavery,
198–199, 245; Levinson, “Manumission of Hermeneutics,” 296–297; Rothenbusch,
Rechtssammlung, 259; Schwienhorst-Schönberger, Bundesbuch, 305; Sprinkle, Book,
52; Turnham, “Male and Female Slaves,” 546–547; Zakovitch, “‫הדגם הספרותי‬,” 450–453
(xxvi). For a critique of a chiastic structure proposed for the passage, see Wright,
“Fallacies,” 155 n. 6. The binary opposition created between vv. 2–6 and 7–11 may be
drawn into a larger analysis of CC’s tendency to conceptually invert material drawn
from its sources.
2. See, for example, Schwendenmann, “Recht,” 35–36, for vv. 2 and 7 as principal
alternate cases within vv. 2–11.
3. Scholarship generally recognizes the similarity of LH 117 to 21:2–6, e.g.,
Cazelles, Études, 150; Chirichigno, Debt-Slavery, 192–194; Houtman, Exodus, 3:124;
Greengus, “Biblical and Mesopotamian Law,” 72–78; Mendelsohn, “Slavery,” 84–85;
Rothenbusch, Rechtssammlung, 238, 265–271; Sprinkle, Book, 65; Veenker, “Syro-
Mesopotamia,” 159 (for others, see the works listed in Chirichigno, 192 n. 1 and 222 n. 2,
and Cardellini, “Sklaven”-Gesetze, 245–246 and n. 22). Cardellini (“Sklaven”-Gesetze,
245) notes the similarity to LH 117 but says that v. 2 nonetheless reflects Israelite custom
and only vv. 3–4 have Near Eastern (Nuzi) resonances (cf. Schwienhorst-Schönberger,
Bundesbuch, 312 n. 38). Some scholars stress the differences between LH 117 and CC’s
law (e.g., Pressler, “Wives and Daughters,” 152; Phillips, Essays, 110; the latter con-
cludes that “Exod. 21.2–4 owes nothing to non-biblical law”). For Van Seters’s view, see
n. 14 in this chapter. Rothenbusch (Rechtssammlung, 272) notes that as far as he knows,
there are no pure parallels to vv. 7–11 in the Near Eastern law collections.
4. For the two possible interpretations of ittandin, see nn. 69, 70.
5. The Akkadian idiom ana kaspim nadānum is a regular way of describing the act
of selling (CAD N 49–50; Meek, “A New Interpretation,” 180).
6. On the meaning of the verb ‫קנה‬, see the literature at Schwienhorst-Schönberger,
Bundesbuch, 310. In view of the dependence on LH, the verb can be translated “buy.”
Jackson (“ ‘Law’ and ‘Justice,’ ” 222; cf. Jackson and Watkins, “Distraint,” 411–419) has
argued that the verb signifies the creditor’s exercising unilateral distraint.
7. So Hossfeld, Dekalog, 181–182; Rothenbusch, Rechtssammlung, 237;
Schwienhorst-Schönberger, Bundesbuch, 297, 309, 311; cf. Jackson, Wisdom-Laws,
107 and n. 161; Sonsino, Motive Clauses, 21. Those who explain the second-person
form in v. 2 in this way usually claim that the introduction in 21:1 (which also contains
a second-person singular form; see n. 13) is an addition. According to the compara-
tive evidence of this study, the introduction in 21:1 is original (see chapters 3 and 11).
Various external or noncontextual explanations have been suggested for the second-
person verb in 21:2. Gevirtz (“West-Semitic Curses,” 157) cites examples of protases
with the second person and apodoses with the third person in Northwest Semitic texts.
Morrow (“Generic Discrepancy”) argues that the second-person forms in 21:2, 13, 14,
23 and 22:17 stem from a legal formulation or stratum distinct from casuistic law, i.e.,
the nonroyal prescriptive proclamation of laws, rules, or ethics. For discussion of the
mixed form, see Sonsino, Motive Clauses, 10–11, 14.
8. Schwienhorst-Schönberger (Bundesbuch, 309, 311) suggests that part of the rea-
son for the second-person formulation in 21:2 is its correlation with the seventh-year and
seventh-day laws in 22:10–12 as a frame. For this as a redactional frame, and even part
of a larger chiastic structure, see Houtman, Exodus, 3:82; Lohfink, “Fortschreibung?”
151–152; Otto, Wandel, 35–37, 52–53; “Aspects,” 187–188; “Gesetzesfortschreibung,”
377. Lohfink notes that Deuteronomy was aware of the thematic connection of the
seventh-year laws in CC and therefore placed the seventh-year and the debt-slave laws
together in one chapter (Deut 15). Otto (Wandel, 35) says the second-person form in
21:2 is connected with the style of 22:20–26. In his redactional system, the frame is
secondary, the result of joining materials (21:2–22:26 with 22:28–23:12). He posits
(Wandel, 52 [cf. 41]) different contextual meanings for the debt-slave laws at different
redactional stages. On the connection of the motif of seven years between 21:2 and
23:10–12, see n. 25. For the second-person singular in CC as directed to the community,
see McConville, “Singular Address,” 23–25.
9. Exceptional second-person forms within the casuistic laws and their rationales
include: 21:13–14 (based on the altar law of 20:24–26; see chapter 6); 21:23 (marking a
general law; see chapter 6); 22:17 (rationale unclear; perhaps originally a G-stem verb;
see chapter 7).
10. The resumptive second-person pronoun with the verb in the apodosis (“he shall
work for you”) in the Samaritan, Greek, Syriac, and Vulgate is a secondary expansion
based on the second-person verb (cf. BHS; Cardellini, “Sklaven”-Gesetze, 244 and n. 19).
11. For LH 278–282 as an appendix in LH, see Petschow, “Beiträge,” 34 and passim.
He notes the contextual relationship to LH 7, 9–13, which deal with purchases and also
use the verb šâmum.
12. Advocates of the first option include Alt, Origins of Israelite Law, 93 and n. 28;
Otto, Wandel, 35; cf. Loretz, Habiru, 133. This wording would be close to the parallel
case in 21:7 and would echo the wording in 22:2 about an impoverished thief: “if he
does not have the means (to pay the fine), he shall sell himself/be sold for the theft” (‫אם‬
‫)אין לו ונמכר בגנבתו‬. This reading is supported further by the context of the rest of the
law in 21:2aβ-6, which, when it speaks of the master, speaks of him only in the third
person. Advocates of the second option include Jepsen, Bundesbuch, 56; Rothenbusch,
Rechtssammlung, 237 (and see n. 35). This requires a change in only one letter in the
verb plus the addition of the verbal subject ‫“ איש‬man.” Levinson (“Manumission of
Hermeneutics,” 285–286 and esp. 315; Birth,” 631–633) allows for an original third-
person formulation, though he does not specify the exact formulation. He observes that
Lev 25:45 (‫ )תקנו‬demonstrates that the second person was part of the CC text that the
Leviticus verse used as a source. Lemche (“Manumission,” 44) says that the second-
person formulation in 21:2 over against the third person in the dependent parallel in
Deut 15:12 means that CC must have originally had a third person. This is hardly a nec-
essary conclusion, given the freedom of reformulation found in Deuteronomy generally
in its use of CC (see Levinson, Deuteronomy; Lohfink, “Fortschreibung?”).
13. Some have tied the second person in 21:2 contextually to the second-person verb
of the introduction in v. 1: “you shall place” (Chirichigno, Debt-Slavery, 189; Sprinkle,
Book, 61; cf. Sonsino, Motive Clauses, 21). The implied pronominal referents cannot be
the same in view of the evidence of this study.
14. Van Seters (Law Book, 87; cf. “Laws of the Hebrew Slave”; “Law of the
Hebrew Slave: A Continuing Debate”) starts his interpretation of vv. 2–6 with the
assumptions that “Hebrew slave” means that the individual is already a slave, that the
term “Hebrew” is an ethnic designation, and that the implied seller of the slave could
only be a foreigner because it is unlikely that a Hebrew would or could sell another
Hebrew. Hence the case describes a foreigner selling an already enslaved Hebrew to
another Hebrew (the buyer). With this, he concludes that CC’s law “does not parallel
the Babylonian law (LH §117).” He says further (p. 99) that “the law of the Hebrew
slave (21:2–11) stands . . . outside the rest of the casuistic corpus because it owes noth-
ing directly to the Hammurabi Code. It does not derive from a tradition of casuistic law
but is entirely dependent upon Deuteronomy and the Holiness Code.” The law in vv.
7–11, in contrast, does describe a case where “a Hebrew man . . . sells his own daugh-
ter” (p. 90). This interpretation of vv. 2–6 is untenable, since CC’s dependence upon
LH 117 shows that the cases about a male and a daughter are in fact parallel in their
basic sociological outlines. That the male who is purchased is called a “slave” is only
an anticipatory or proleptic description of his change of status when purchased. For
a definitive critique of Van Seters’s argument, see Levinson, “Effected Object” (and
compare passages such as Lev 22:11; Deut 24:5); “Manumission,” 293–304; see also
Otto, “Review of J. Van Seters” (RBL), 3; “Review of Van Seters” (German version),
275; Wright, “Review of John Van Seters,” 130.
15. See for example, Cazelles, Études, 44–45; Childs, Exodus, 468; Gray, “The
âbirū-Hebrew Problem”; Jepsen, Bundesbuch, 76–77; Lemche, “The ‘Hebrew
Slave’ ”; “The Manumission of Slaves”; “The Hebrew and the Seven Year Cycle”;
“abiru”; Lewy, “Origin and Signification,” 1–13; Marshall, Israel, 114–115;
Matthews, “Anthropology,” 124, 128; Na’aman, “Habiru,” 286–287; Pressler, “Wives

and Daughters,” 151–154; cf. Cassuto, Exodus, 265–266.
16. Those who take ‫ עברי‬as an ethnic denomination include Chirichigno, Debt-
Slavery, 200–218; Freedman and Willoughby, “‫ ;”עברי‬Jackson, Wisdom Laws, 80–84;
Levy-Feldblum, “The Law of the Hebrew Slave,” 348–351; Phillips, Essays, 99–101;
Riesener, Der Stamm ‫עבד‬, 115–122; Rothenbusch, Rechtssammlung, 233–235; Sarna,
Exodus, 265–266; Schwienhorst-Schönberger, Bundesbuch, 306–307; against the ab/-
piru hypothesism see also Hess, “The Bible and Alalakh,” 211. Loretz (Habiru) cri-
tiques the association of ‫ עברי‬with ab/piru and concludes that it refers to a person
belonging to the postexilic Jewish community (cf. pp. 128, 181–182). His primary argu-
ment is that all of the instances of ‫ עברי‬are postexilic and, in particular, 21:2–6 is to be
dated late (for our passage, see pp. 139–146). This late dating of CC cannot be accepted
on the basis of the evidence of this study. For critiques of Loretz, see Naaman, “Review
of Loretz”; Osumi, Kompositionsgeschichte, 162–164. Loretz’s study does provide a
valuable review and critique of the ab/piru hypothesis. For problems in the hypothesis,
see also Greenberg, ab/piru, 91–96.
17. Greengus (“Biblical and Mesopotamian Law,” 74) makes this observation.
18. Schwienhorst-Schönberger (Bundesbuch, 307) says that the adjective was added
by a redactor when CC was incorporated into the Sinai pericope and under the influence
of Deut 15:12 (though the basic text of Exod 21:2–6 is the basis for Deut 15:12–18). He
nevertheless sees the adjective as having an ethnic sense and fitting the nationalistic
context of the Sinai narrative. CC’s composition, in association with a version of the
surrounding narrative, as is argued in chapter 11, supports taking the adjective as refer-
ring to ethnicity or nationality.
19. For example, Lemche (“Hebrew Slave,” 129–130) adopts a sociological interpre-
tation of ‫ עברי‬based on ab/piru and dates the joining of the casuistic (21:2–22:16) and
final apodictic (22:17–23:19) sections to the time of the Judges. This means that for him
the casuistic section with the debt-slave law is even older. He believes that CC depends
on Canaanite laws or law collections (pp. 132–134).
20. Gen 14:13; 39:14, 17; 40:15; 41:12; 43:32; Exod 1:15, 16, 19; 2:6, 7, 11, 13; 3:18;
5:3; 7:16; 9:1, 13; 10:3; Deut 15:12; 1 Sam 4:6, 9; 13:3, 7, 19; 14:11, 21; 29:3; Jer 34:9;
Jonah 1:9.
21. Lipiński (“L’eslave Hébreu”) argues that attestations such as these indicate that,
at least in the preexilic period, the adjective describes a condition of enslavement, even
if the term does not have a connection to ab/piru.
22. Three years is a standard period of liability in LH. According to LH 30, a person
who for three years performs ilkum obligation in a field, orchard, or house abandoned
by another gains the right to continue to perform such an obligation. Hallo (“Slave
Release,” 90–92) argues that the edict of Samsu-iluna, Hammurabi’s successor, replaced
the regular release of debt-slaves with a less frequent and ad hoc release according to
royal decree (similar to the paragraphs in the century-later Edict of Ammisaduqa §§
20, 21; cf. COS 2:364–265). This was partly due to the impracticality of a fourth-year
release, which may have discouraged lending. For the Mesopotamian edicts and institu-
tion of debt-release, see Kraus, Edikt; Otto, “Soziale Restitution.”
It has been argued that Deut 15:18 reflects knowledge of an original three-year
period of service: “for [the debt-slave] has labored for you double the wage (period) of
a hireling, i.e., six years” (‫ ;כי משנה שכר שכיר עבדך שש שנים‬so Zakovitch, ‫הדגם הספרותי‬,
436–436, xxv; Chirichigno, Debt-Slavery, 195 n. 2). Zakovitch refers to Isa 16:14 and
1QIsaa 21:16 (with “three years”), which can be read as referring to a three-year period
of labor for a ‫שכיר‬. (Blenkinsopp, Isaiah 1–39, 296, 300–301, 328, follows this interpre-
tation for these passages.) The term ‫שכיר‬, however, is normally understood to be a hired
worker who is paid for his work (see chapter 10, n. 41). The three-year “contract” for
this worker, if this construal of the evidence is right, may be independent of the debt-
slavery custom because of the phenomenological differences. For different readings
and discussion of Deut 15:18, see Tigay, Deuteronomy, 150; Levy-Feldblum, “Law,” 357
and n. 38 there; Tsevat, “Hebrew Slave.”
23. Cardellini, “Sklaven”-Gesetze, 245, 249; Chirichigno, Debt-Slavery, 223–224;
Greengus, “Biblical and Mesopotamian Law,” 74–75; Oosthuizen, “Deuteronomy
15:1–18,” 78–82; Osumi, Kompositionsgeschichte, 91, 149–152 (for him, 21:2–11 were
added when the second-person singular apodictic laws, which include the seventh-year
and -day laws, were added to the casuistic laws; hence the correlation is not accidental);
Rothenbusch, Rechtssammlung, 238–239, 248 (he says that the original law of 21:2
may have had a different length of time); Schwienhorst-Schönberger, Bundesbuch, 313;
Zakovitch, ‫הדגם הספרותי‬, 437–438, xxv. See also the views in n. 8 about a supposed
frame between 21:2–11 and 23:10–12. The requirement to eat unleavened bread for
seven days in 23:15 is also part of the interest in calendrical sevens in this area of the
final apodictic laws. For indenture for seven (not six) years, see Gen 29:18, 20, 27,
30; Judg 6:1 and the discussions in Cardellini, “Sklaven”-Gesetze, 245 n. 21; Jackson,
Wisdom-Laws, 109; Sprinkle, Book, 65; Wagner, “Zur Befristung der Sklavenschaft.”
24. Cf. Otto, “Sozial- und rechtshistorische Aspekte,” 104. Though debt-slavery
shares the numerical pattern of the seventh-year law, CC probably does not consider
these periods to be concurrent. Moreover, it probably does not imagine the seventh-year
law to occur in all fields at the same time. See Rothenbusch, Rechtssammlung, 239.
25. The formula “six time-units do X and on the seventh time-unit do Y” elsewhere
in the Bible is arguably later than CC. It is found in various P/H passages (Gen 2:1–3;
Exod 12:15–16; 24:16; 31:15–17; 35:2; Lev 23:3; cf. the seventh-day culminations in Lev
13:5, 6, 27, 32, 34, 51; 14:9, 39; Num 6:9; 19:12, 19; Num 28:25; 31:19, 24) and in Deut
15:12; 16:8. All of these postdate CC. The occurrence in Exod 34:21 is dependent on
CC (see see chapter 11, n. 82). The formulation (or at least present full formulation) of
the Sabbath law of the Decalogue (Exod 20:9–11 // Deut 5:12–13) may be dependent
upon CC (see chapter 12). The formula in Exod 16:26 is normally assigned to P (e.g.,
Childs, Exodus, 275; Friedman, Who Wrote, 251) but has been assigned to J (so Baruch
Schwartz, “The Sabbath in Torah Sources,” paper at the national meeting of the SBL,
November 2007; source analysis must also consider the related verses of Exod 16:27,
29, 30). But even if J, this may be later than CC (see chapter 13). Exod 13:6 provides the
ostensible foundation for the CC’s command to eat unleavened bread in 23:15 (some
emend “seven days” at the beginning of 13:6 to “six days”; cf. Propp, Exodus 1–18,
368). Chapter 12 argues, however, that CC’s narrative, including 13:6, was created
along with CC. Therefore, 13:6 is not independent of CC. For a similar formula in the
firstborn laws, see Exod 22:29; cf. Lev 22:27, 36, 39; Neh 8:18. Outside the Pentateuch,
see Josh 6:14–17; Judg 14:17–18; 2 Sam 12:18; 1 Kings 18:43–44; 20:29; Ezek 3:15–16;
Esther 1:10. To be considered in an analysis is the (different) idiom in Ugaritic litera-
ture (CAT 1.4 vi 24–32; 1.14 iii 3–4, 12–15, v 5–6; 1.17 i 11–15, ii 37–39; 1.22 i 23–25;
1.41 45–47; 1.126 19–21; 1.171 6–7; cf. 1.19 iv 17). One may also compare Gilgamesh
XI 128–133, 144–147. On the six/seven pattern, see Cardellini, “Sklaven”-Gesetze,
245 n. 21; Loewenstamm, “Seven Day Unit”; McCurley, “After Six Days”; Robinson,
Sabbath, 139; on the graded numerical pattern, see Haran, “‫“ ;”דגם המספר המודרג‬Graded
Numerical”; Zakovitch, “‫הדגם הספרותי‬.”
26. It is not clear if the conflation of legislation on debt- and chattel-slaves in CC
(see chapter 6) is also a stimulus to the longer period of debt-slavery in CC. This con-
flation has made the case of the debt-slave more severe in other respects (see chapter
6). CC’s debt-slavery law, overall, is more severe than that of LH, including permanent
assignment of a daughter to the creditor. Crüsemann (Torah, 155), comparing LH 117,
notes that “the change to seven years, even if it were based in a sacral temporal rhythm,
would have been a significant step backward for the slaves.”
27. For the term e’iltum, see Meek, “A New Interpretation,” 180. The term occurs
in LH 38, 39, and 119. Its basic meaning from these various laws is “financial obliga-
tion.” Veenhof (“Dying Tablets,” 48) says this idiom of debt seizing a person indicates
that “the obligation is the real cause of what happens . . . the physical embodiment of the
obligation may be considered a dangerous power, threatening the debtor.” A related
matter is whether the aggressive description of a debt seizing a person was responsible
in part for the use of ‫“ קנה‬acquire, buy” instead of ‫“ נמכר‬be sold/sell oneself” in v. 2 (cf.
22:2). The verb abātum is used in other texts of creditors taking persons as pledges
when debts are due (CAD E 9b–10a).
28. Westbrook, “Slave and Master,” 1637–38, 1643.
29. So Eichler, Indenture at Nuzi, 82–83; cf. Meek, “A New Interpretation,” 181.
Eichler examines a third type of debt servitude, mazzazānūtum, which serves to pay
off only the interest on a debt (antichresis). He notes that the Edict of Ammisaduqa
§§ 20–21 lists three conditions of economic servitude: selling a wife, sons, or a slave
(1) for silver, (2) for kiššātum, or (3) for a mazzazānum pledge. See also Kraus, Edikt,
175–179. Westbrook (“Slave and Master,” 1638) says kiššātum involves enslavement for
theft, but this is not evident in LH 117. For the relationship of various sorts of debt situ-
ations, see Jackson and Watkins, “Distraint,” 417–418. They describe cases of nipûtum
as involving relatively short-term indenture. Its function “was the pressure it put on the
debtor to enter into some other arrangement whereby he might raise the money to pay
off the creditor.” Transfers ana kiššātim and ana kaspim were “more rigorous institu-
tions . . . under which the capital and interest might indeed be acquired or its equivalent
in labour rendered.” See also Dandamaev, Slavery, 444; Driver and Miles, “Code of
Hammurabi, §§ 117–119”; Fleishman, “Authority of the Paterfamilias.”
30. For debt as the cause of enslavement, see Chirichigno, Debt-Slavery, 220;
Crüsemann, Torah, 155 n. 239; Fleishman, “The Law of Exodus 21:7–11,” 47–48;
Jackson, Wisdom-Laws, 82. Support comes from Deut 15:12–18, which deals with debt-
slavery in the context of its laws on relieving loans (vv. 1–11). The language of other
biblical passages dealing with debt-slavery allow associating the slaves in Exod 21:2–11
with the making of loans (see 2 Kings 4:1; Prov 22:7; Neh 5:1–13; Baltzer, “Liberation
from Debt-Slavery”). For a dissenting view, see Cardellini, “Sklaven”-Gesetze, 245–46.
31. See chapter 12.
32. Exod 21:2–6 does not entail a case of selling a kidnapped Hebrew on the slave
market. Besides these verses maintaining the general context of LH 117 and being par-
alleled by 21:7–11, which clearly is not a case of kidnapping and sale on the slave mar-
ket, CC views kidnapping as a capital offense (21:16).
33. For discussion, see Chirichigno, Debt-Slavery, 209–214; Hess, “The Bible
and Alalakh,” 212; Loretz, Habiru, 252–264; Lohfink, “‫ָפשי‬ ִ ‫ח‬, opšî ”; Marshall, Israel,
116, 121.
34. See also 1 Sam 17:25 in addition to the main debt-slave texts Exod 21:2, 5,
26, 27; Deut 15:12, 13, 18; Jer 34:9–11, 14, 16. The place ‫ בית החפשית‬in 2 Kings 15:5 (//
2 Chron 26:21) also appears to refer to a place of separation or detachment (Wright,
Disposal, 174–176 n. 25).
35. The idiom andurāram šakānum “to effect freedom” as found in LH 117 is from
royal proclamations of debt release. See Levinson, “Kingship,” 516 and the literature
there.
36. It is argued that the verbs ‫“ יצא‬go out” and ‫“ בוא‬come” in vv. 2–3 reflect Akkadian
waûm and erēbum in Nuzi tidennūtu contracts (cf. Cardellini, “Sklaven”-Gesetze,
247 n. 30; Paul, Studies, 47–48). Chirichigno (Debt-Slavery, 215) argues against this
association.
37. Two other minor variations may also be briefly noted. CC omits “in the house
of their buyer or creditor” as the locale of service. This may partly be a function of
reformulating the protasis as “if you acquire,” which implies taking the debt-slave into
the creditor’s custody, i.e., at his house. Therefore, it does not need to be mentioned
explicitly. Alternatively, this omission may be part of the generalization of the law; the
Hebrew debt-slave may work wherever the creditor requires his work. CC also omits the
noun year in its adverbial phrase “in the seventh.” This is similar to the formulation of
23:11, though that verse does not have the preposition -‫“ ב‬in.” In contrast, the seventh-
day law has a full formulation comparable to LH with “on the seventh day” (‫;ביום השביעי‬
23:12).
38. Thus while CC rejects LH’s notion of vicarious punishment for crimes (cf. 21:31
and see chapters 6 and 8), it does not reject the use of vicarious labor to resolve a debt.
39. For this attachment, see Pressler, “Wives and Daughters,” 155; Wells, “Sex,
Lies,” 48–49.
40. My colleague Bernadette Brooten made me aware of this possibility, which
unlocked the door to understanding the logic of the passage. Jackson (“Practical
Wisdom,” 81) notes that 21:2–11 is interested in the use of the slaves for “breeding
purposes.”
41. For the text see Locher, Die Ehre, 128–130 (with commentary on pp. 130–155);
Roth, Law Collections, 174–175. See Otto, “Körperverletzung oder Verletzung,” 157–
159, for detailed notes on the Akkadian text; see Lafont, Femmes, 121–131, 145–157 for
discussion.
42. For this interpretation, as a Dt of erēšum “to ask,” see AHw 1433b (“die nicht als
Gattin erbeten wurde”); Roth, Law Collections, 174, 193 n. 31; Otto, “Körperverletzung
oder Verletzung,” 158 (“die . . . noch nicht erbeten wurde”); Driver and Miles, Assyrian
Laws, 423, 493. Alternatively, it has been interpreted as a Dt of warāšum, “to be dirty,”
i.e., “who has not been besmirched” (Rothenbusch, Rechtssammlung, 390: “nicht
beschmutzt worden ist”; Locher, Die Ehre, 128: “deren [Scham] nicht beschmutzt
worden ist”).
43. There is debate about whether Near Eastern texts (including the Bible) con-
sider women to possess their own sexuality. This raises the question whether the term
rape in its modern sense is appropriate as a description in cases such as this. Still, the
texts make distinctions between forced intercourse and cases in which the woman is
described as complicit to some degree, as found here in MAL A 55–56 (paralleled,
respectively, by Deut 22:28–29 and Exod 22:15–16; see Pressler, View of Women, 35–41;
Yaron, “Biblical Law,” 33–34). Hence I use the terms rape and seduction in this relative
and contextual sense. For discussion, see Anderson, Women, Ideology, and Violence,
9–10, 86–92; Gravett, “Reading ‘Rape,’ ” 279–99; Lipka, Sexual Transgression, 184–
199, 245–246, and passim; Pressler, View of Women, 90–92; Washington, “ ‘Lest He
Die,” 185–213. Rothenbusch (Rechtssammlung, 388) notes that the seduction in 21:15–
16 deals with subtle convincing that ends in the ostensible agreement of the woman (cf.
Gravett, “Reading ‘Rape,’ ” 294). For other instances of ‫ פִתה‬as “seduce” or “persuade,”
see Judg 14:15; 16:5; Prov 1:10; 25:15. For discussion of the meaning of the Hebrew
verbs ‫“ תפש‬grasp,” ‫“ החזיק‬hold, seize,” and ‫“ עִנה‬compel, have sex with” in biblical pas-
sages supposedly dealing with rape, see Jackson, Wisdom-Laws, 369–371 and nn. 9 and
19 there.
44. One may ask if other legal customs have influenced 21:7–11. For example, in
reviewing comparative analyses between the Nuzi uppi martūti u kallalūti “docu-
ment of daughtership or daughter-in-lawship” and the Bible, Eichler (“Nuzi and the
Bible,” 117; cf. p. 118; see also Eichler, “Study of Bible,” 87–88) notes that “the law in
Exodus 21:7–11 resembles the Nuzi documents in allowing a father to sell his daughter
to a purchaser who is responsible for her eventual marriage. However, unlike the Nuzi
contracts, her adopted status is never mentioned and she is referred to as a female
slave. . . . Yet despite these [various] differences, the Nuzi documents provide glimpses
of a socio-legal institution which allowed indigent fathers to provide their daughters
with the security of marriage by selling them into adoption for the purposes of matri-
mony and it may be to such an institution that biblical law is reacting.” For an earlier
description of the Nuzi evidence, see Gordon, “Status of Woman Reflected in the Nuzi
Tablets,” 149–153. For cautions about using Nuzi parallels, see n. 112.
45. The woman here is described as a “maiden” ‫בתולה‬, cognate with the batultum of
MAL A. On the Hebrew term, see Frymer-Kensky, “Virginity”; Locher, Die Ehre, 121–
192; Rothenbusch, Rechtssammlung, 387 n. 682; Wenham, “Betûlāh.” Those who com-
pare MAL A 55–56 with Exod 22:15–16 include, for example, Houtman, Exodus, 3:208;
Otto, “Körperverletzung oder Verletzung,” 157–159; Rothenbusch, Rechtssammlung,
390–392.
46. E.g., Houtman (Exodus, 3:206) says “the assets of a free Israelite also included
his daughters. When this property of his is damaged he is entitled to compensation.”
Lafont (Femmes, 131; cf. 121–131) stresses the economic character of the Assyrian and
biblical seduction laws. Jackson (Wisdom-Laws, 379–384) has a similar view but adds
that the interest of 22:15–16 is not merely economic. He sees a correlation in terms of
the interest of family law with the initial debt-slavery laws, specifically in that 21:7–11
and 22:15–16: “a man may not engage in sexual intercourse with a (free) woman with-
out offering the latter a permanent status.” Rothenbusch (Rechtssammlung, 226, 393)
also sees a correspondence in the right of a father to give his daughters in marriage in
21:7–11 and 22:15–16. Otto (“Körperverletzung oder Verletzung von Besitzrechten?”
153–157) argues against the property-law interpretation of the placement of 22:15–16.
He notes that the parallel law in Deut 22:28–29 is not to be interpreted in terms of
property law and observes that Koschacker’s thesis that marriages were arranged as
purchases is outdated. Elsewhere, Otto (“Zur Stellung der Frau,” 35) argues that the
law has to do with conflict resolution in the community. He connects 22:15–16 with the
assault laws of 21:18–21 on structural grounds (“Körperverletzung oder Verletzung von
Besitzrechten”; “Aspects of Legal Reforms,” 182–192). For discussion, see also Hiebert,
“Deuteronomy 22,” 219; Osumi, Kompositionsgeschichte, 139; Paul, Studies, 96;
Phillips, “Some Aspects,” 349–351 (Essays, 111–113); Rothenbusch, Rechtssammlung,
389–390; Schwienhorst-Schönberger, Bundesbuch, 212.
47. See chapters 6 and 8 of this study.

48. McKeating (“Sanctions,” 63–64 and passim) tries to make sense of why adul-
tery laws are not found in CC (or the curses of Deut 27). For CC, the reason can be
ascribed to the topical sequence of LH that is being followed. CC was chiefly con-
cerned with the laws from LH 192 to the end. The family laws between LH 115–192,
which include adultery laws, were only of concern as they applied to debt-slave mat-
ters. See chapter 4 for a theory of an auxiliary collection of family and related laws
based on MAL A, created at the time that CC was written, which served as a source
for Deuteronomy.
49. See chapters 6 and 7 on the subsidiary position of the final participial laws in
22:17–19. For the view that 22:15–16 are secondary, see, for example, Daube, Studies,
74; Otto, “Körperverletzung,” 157–164; Schwienhorst-Schönberger, Bundesbuch,
212–213.
50. One can wonder whether a law like MAL A 48 may have been also influential
in conceptualizing the marriage of the daughter: “If a man <wants to give in marriage>
[So Roth, Collections, 173] the daughter of his debtor who is a pledge in his house,
he shall ask her father and give her to a husband. . . . ” The law goes on to say that if
the father is dead, the permission of a brother is to be sought. The debtor-father has
the option to redeem (paārum) her within one month. Rothenbusch (Rechtssammlung,
272) briefly compares this with CC’s law. He also compares the less similar laws MAL
C+G 2–3. See also MAL A 39.
51. The exact nature of the relationship of the woman to the creditor is debated.
Fleishman (“The Law of Exodus 21:7–11,” 48) notes that her status has been described
variously as “a maidservant, slave concubine, wife of slave status, and sale for mar-
riage” (see his bibliography). He himself argues (“The Law of Exodus 21:7–11,” 50–64;
“Legal Innovation,” 326) that, though it initially describes the woman as a slave, the
law intends that her status is “of a free woman with obligation and privileges.” The
evidence for him includes the phrase in v. 8 that the woman, if she is designated for a
son, is to be treated like a daughter; the verb ‫יעד‬, which indicates giving in marriage,
not in slavery; and the clause saying that she shall not go free like a male slave (v. 7b),
which means that her status is in fact not that of a slave, but something other, a free
wife. Westbrook (“Female Slave,” 218–219) argues that the relationship is technically
not marriage but concubinage, since marriage is not consistent with slave status (pp.
223–234; cf. Rothenbusch, Rechtssammlung, 262). For further discussion, see Jackson,
Wisdom-Laws, 93–102, 378–379; Kessler, “Die Sklavin als Ehefrau”; Rothenbusch,
Rechtssammlung, 249–251 and n. 92.
52. So Pressler, “Wives and Daughters,” 157, 163–164. Her arguments have been
incorporated and developed here.
53. On the difference between ‫( אמה‬which may reflect more the wifely status of
the female slave) and ‫( שפחה‬which may reflect more the labor-property aspect of the
female slave), see Jackson, Wisdom-Laws, 96 n. 100; Rothenbusch, Rechtssammlung,
25; Schwienhorst-Schönberger, Bundesbuch, 303 n. 1. Schwartz (“Literary Study,”
244), however, notes that “no study of the relationship of the two words has produced
a convincing distinction between their respective senses, and indeed they appear to be
semantically equivalent” (see also Schwartz, ‫תורת הקדושה‬, 330). For ‫“ פלגש‬concubine,”
see Rothenbusch, Rechtssammlung, 261–262; Jackson, Wisdom-Laws, 96–97 n. 101.
54. See Jackson, Wisdom-Laws, 93–102, 378–379; Rothenbusch, Rechtssammlung,
249–251 and n. 92.
55. Some who have brought LH 282 into a discussion of 21:5–6 include Hallo, “Slave
Release,” 87; Hurowitz, “His Master,” 47–77; Jackson, “Biblical Laws of Slavery,”
94–95; Jirku, Kommentar, 94 (table p. 93); Sprinkle, Book, 55; Viberg, Symbols, 81–82.
Hertz’s fine homiletic sensibilities (“Ancient Semitic Codes,” 215) led him to observe:
“the Babylonian Code closes with the case of the slave whose ear is to be cut off for
desiring freedom; whereas the Mosaic civil law (Exodus, xxi, 2–6) opens with the
case of the slave whose ear is to be bored as a mark of disgrace for refusing to go free
when his six years of servitude are at an end. Literally, he that is last in the kingdom of
Hammurabi, becomes the first object of care in the Hebrew commonwealth.” LH 18, in
which a captured escaped slave refuses to identify his owner, is conceptually related to
LH 282.
56. For other legal declarations establishing status, see LH 170–171 (Jackson,
Wisdom-Laws, 94, compares these with 21:7–11). Jackson (Wisdom-Laws, 108) says the
speech act in v. 5 points to the preexisting orality of the law. This cannot be sustained
in view of the evidence of LH 282 as a source.
57. Though ear piercing is found in MAL A40 and A44 (cf. Viberg, Symbols,
82–83), these laws are less similar than the near-perfect inverse correlation of Exodus
21:5–6 and LH 282. Hurowitz (“His Master,” 68–77) has compared an Assyrian ritual
that involves driving a peg in the mouth of an image of a slave and using a door
axis (manzazu; cf. ‫ )מזֻזה‬as a referent for an analogical incantation (see also Viberg,
Symbols, 86–87 for nail driving). The conceptual and phenomenological links to
21:5–6 seem too remote in my view. Some believe that CC’s law intended that a
ring or tag be inserted in the hole, since a piercing itself would be too small to be
a visible marker (Hurowitz, “His Master,” 48–49; Matthews, “Anthropology,” 131;
Rothenbusch, Rechtssammlung, 241–244 and n. 59; Viberg, Symbols, 85–86). Job
40:24–28 describes the insertion of a ring in a sea creature’s nose and asking whether
it can be made thus a permanent slave (‫)עבד עולם‬. But Rothenbusch rightly notes that it
would be odd that CC would only prescribe the preparation and not the more important
functional marker of inserting a ring. He says the act is therefore symbolic, perhaps
done before witnesses, with no enduring effect. Hurowitz considers a wide range of
purposes, including marking ownership and to prevent the slave’s running away. He
notes that the early Rabbis saw it as a punishment (pp. 51–52, 65–67; on pp. 64–65,
he considers LH 282 and ear mutilation in Akkadian texts). Several believe that the
ear-piercing took place at the owner’s home and symbolized the slave’s attachment to
the household (Crüsemann, Torah, 156 n. 242; Jackson, Wisdom-Laws, 114; Sprinkle,
Book, 55–56). This is an attractive interpretation, but attachment to the owner could be
symbolized even if the act took place at a sanctuary doorway. In this case, the piercing
can symbolize in a general way the master’s assertion of dominion over the slave (so
Falk, “Exodus xxi 6”). The permanent enslavement of the debt-slave required perfor-
mance before the deity because the deity otherwise sanctions the release of slaves.
Malul (“Relationship”) argues that the piercing of the ear was the scarifying of an
organ to symbolize adoption into the master’s family, similar to the purpose of cir-
cumcision (see Bernat, “Circumcision,” 97–99 for further discussion of the two perfor-
mances). For other discussion, see Dandamaev, Slavery, 229–234; Greengus, “Selling
of Slaves,” 6–7 (with a reference to possible slave tattoo in Isa 44:5); Westbrook,
“Slave and Master,” 1666–1667.
58. Greengus (“Legal and Social Institutions,” 473–474) says oaths were sworn at
temples in Mesopotamian practice.
59. It should not be missed that the homicide law also uses the nonspecific ‫האלהים‬,
though of the cause of the death in a case in inadvertence: “if the God causes (him) to
fall into his hand” (21:13). For the sanctuary as the place of adjudication, see chapter 9.
For the view that the term ‫ האלהים‬refers to household deities or judges, see chapter 9, nn.
75, 76. Rothenbusch (Rechtssammlung, 243–246) says that the procedure for the slave
takes place at two venues, the sanctuary (= “the God”) and at the owner’s house (= the
doorpost).
60. David (“Manumission,” 66–67 n. 14; he says that only one phrase with the verb
“he shall bring” can be original); Schwienhorst-Schönberger, Bundesbuch, 307–308,
310; Zakovitch (“‫ספר הברית‬,” 62*; he says that the phrase the door is based on Deut
15:17). See also Viberg, Symbols, 77–80.
61. Levinson (Deuteronomy, 114 and n. 44) refers to LE 37 and notes a variant with
bīt Tišpak “house of Tishpak” over against bāb Tišpak “gate of Tishpak” (cf. Yaron,
Laws, 64–65). Levinson rejects interpreting the apparent redundancy in 21:6 as a
Deuteronomistic addition and says “more likely, the Hebrew text preserves two variant
readings alongside one another, corresponding [phenomenologically] to the two sepa-
rately preserved in the cuneiform text [i.e., LE]; one specifying the presence before the
divine (at the altar or sanctuary), the other, the location in the gate.” On the meaning of
the rite, Levinson (Deuteronomy, 112) says: “The liminal ceremony, involving the tran-
sition from contractually limited to permanent slavery, requires a liminal context: the
gateway of a temple or sanctuary, which marks the transition point between the divine
and the human realms.”
62. For ‫עבד עולם‬, see 1 Sam 27:12; Job 40:28 (of a captured crocodile; see n. 57; cf.
Jackson, Wisdom-Laws, 110). The term is perhaps influential in the wording of 2 Sam
7:29; Ezek 37:25. ‫ לעלם‬in Lev 25:46 goes with what follows “forever you may work with
them” (this is a reflection of CC’s law) and not with ‫ אחזה‬before it to mean “possession
forever” (see Levinson, “Manumission,” 308–310; “Birth,” 620, 622–625).
63. CAT 1.14 ii 21–25; cf. i 53-ii 3, iii 33–37; v 34–38; vi 3–8, 17–22. Cf. Chirichigno,
Debt-Slavery, 243; Fensham, “New Light,” 161 n. 9; Wyatt, Religious Texts, 185, n. 37.
64. For ‫ עבד‬and ‫ בן אמה‬together, see Pss 86:16; 116:16.
65. I now minimize the correlation of v. 4 with a law like LU 4 (Wright, “Laws
of Hammurabi as a Source,”16), even though Wells, “Covenant Code,” 95, stresses the
similarity. For a comparison with LU 4, see Rothenbusch, Rechtssammlung, 271–272.
Westbrook (Old Babylonian Marriage Law, 66–68) notes a contradiction of LH 175 with
an OB contract that assigns the children of a male slave and free woman union to the
slave’s master. He solves the problem by assuming that LH 175 is not an absolute rule.
66. For discussion of this law, see Gruber, “Matrilineal Determination,” 440–441.
67. For the view that v. 2 includes females, see Cassuto, Exodus, 266–268; Otto,
“False Weights,” 142; Pressler, “Wives and Daughters,” 148, 167; Rothenbusch,
Rechtssammlung, 250; Sprinkle, Book, 51. Jackson (Wisdom-Laws, 88–89, 102) argues
that v. 2 does not include females.
68. Rothenbusch (Rechtssammlung, 249) says that v. 2 refers to any male of the
household, not just a son. He also says that it may include a female (p. 250) and that the
case in vv. 7–11 applies to a female of a certain type. Crüsemann (Torah, 156) notes that
male slaves were generally young, even between eight and twelve years old, and refers
to 2 Kings 4:1–7; Neh 5:2, 5.
69. So Borger, Lesestücke, 119; AHw 702b [bottom]; Metzler, Tempora, 82; Kraus,
Edikt, 178. A Gtn-preterit makes sense in view of LH 118, which continues LH 117
and lists slaves as candidates for debt-servitude. The verb in the protasis there is also
ittandin, and the householder of LH 117 should be its subject with the slaves (written
logographically without indication of Akkadian case) as objects. LH 119 further sup-
ports seeing all the nadānum verbs in 117–119 as transitive. Those who translate ittan-
din transitively include Richardson, Laws, 369; Roth, Collections, 103; Rothenbusch,
Rechtssammlung, 266–267; CAD K 459–460.
70. So Huehnergard, Key, 95, who translates: “If financial difficulty has seized a
man and he sold his wife, his son, and his daughter, or he has been sold into debt servi-
tude. . . . ” He lists ittandin as the N-perfect in his Grammar, 359, 360. LH 117–118 are
included as readings for the chapter in which this grammatical description appears.
Support for interpretation as an N-perfect is in the specific context in which ittandin
appears in LH 117 and 118, where it is used with the adverbial ana kiššātim “for debt-
servitude.” The clearly transitive verbs iddin (G pret.) and ittadin (G perf.) in LH 117
and 119 are used, in contrast, with ana kaspim “for silver.” A problem with the N-stem
is that it requires a change in conceptual subject between the verbs iddin and ittandin in
LH 117 (an objection noted by Driver and Miles, Babylonian Laws, 1:207; see also their
Laws, 2:47, 49 and n. n). Older, unacceptable interpretations include taking the verb as
a Gt present (so Driver and Miles, Babylonian Laws, 1:207; 2:47, 29; in a separate analy-
sis, they conclude that the debtor is not liable in his own person [“Code of Hammurabi,
§§ 117–119,” 75]), rejected by Meek (“A New Interpretation,” 181; ANET, 170 n. 90),
who takes it as an Ntn-preterit; he translates: “If . . . he has been bound over to service”).
See also chapter 6, n. 68.
71. One may wonder if the intent to include both father and son is part of the reason
the verb was changed to the second-person form of ‫“ קנה‬to buy.”
72. Bernadette Brooten raised this question with me in discussions about the text.
73. Otto (Wandel, 35–37) sees vv. 2–4abα as the kernel, with v. 4bβ and vv.
5–6 as additions. Phillips (Essays, 96) sees vv. 5–6 as an amendment. Rothenbusch
(Rechtssammlung, 233, 247–248, 265, 271) sees vv. 2–6 as a unity, though v. 2 stands
out as a general rule and could have been originally or traditionally independent.
Schwienhorst-Schönberger (Bundesbuch, 304–306) sees vv. 2–6 as a basic unity
with a few Deuteronomistic additions (see nn. 18 and 60). He nonetheless conceptu-
ally separates vv. 2–4, the primary case, from vv. 5–6, a contrasting case. Cardellini
(“Sklaven”-Gesetze, 244–251) sees an entirely different development: vv. 3–4abα are
original, since in his view they have clearer Near Eastern (Nuzi) connections than the
other verses. Verse 6abα (an ancient cultic ceremony) was added to this. Verses 2, 5,
and 6bβ, along with v. 4bβ (a redactional tie), were subsequently added. He claims that
v. 2 has a uniquely Israelite complexion in the seventh-year motif and the use of the
term “free” (‫)חפשי‬, in addition to its exceptional use of the second-person verb. Verse 5
presupposes the context of v. 2.
74. The verb ‫“ יצא‬to go out” of the woman going free in v. 11, because of its use in
the rest of the debt-slave laws (vv. 2, 3, 4, 5, 7), refers clearly to her release as a slave. In
LH 172, the cognate verb waûm is used of a woman’s leaving her husband’s house in
divorce (see divorce terminology in Holtz, “ ‘To Go and Marry,’ ” 243 and pp. 242–251).
75. LH 8, 116, 117–118, 139–140, 196–201, 202–205, 206–208, 209–214, 215–217,
218–220, 221–223, 230–232.
76. Cf. CAD L 34–35, and see the verb la’ābum, CAD L 6. Notions of revul-
sion, even fear, are associated with the latter. For biblical ‫צרעת‬, see Wright and Jones,
“Leprosy.” Westbrook (Old Babylonian Marriage Law, 77–78) says that the mention of
this disease may be only an example of a disease that could lead to a potential dissolu-
tion in marriage and compares LLI 28.
77. Rothenbusch (Rechtssammlung, 259–260) ties vv. 10–11 to v. 9 by interpreting
‫ אם אחרת יקח לו‬as meaning “if he (the father/creditor) takes another (woman) for him
(i.e., his son).” By this interpretation, the father is the one responsible for providing
the trio of benefits in v. 10 and who releases the woman in v. 11. This would introduce
a case that seems overly specific and nuanced within a limited set of laws on daughter
debt-slavery.
78. In addition to Masoretic qĕre, this reading is found in the LXX, Vulgate, and
Targum Onkelos.
79. Those who follow the kĕtiv include Cazelles, Études, 48; Cardellini, “Sklaven”-
Gesetze, 253 n. 53; Crüsemann, Torah, 158; Osumi, Kompositionsgeschichte,
107; Rothenbusch, Rechtssammlung, 221, 252–254; Schwienhorst-Schönberger,
Bundesbuch, 314 n. 43; see the discussion Jackson, Wisdom Laws, 85–86. Schenker
(“Affranchissement”) argues that the kĕtiv is probably correct because redemption (v.
8) should be possible only if the woman has not yet been designated for anyone. If she is
married (cf. v. 9), she is not redeemable. Denial of the right of freeing the woman in such
a case is consistent with vv. 5–6, which implicitly precludes dismissal of the male slave
if he marries his slave wife. Following the kĕtiv does not undermine the conclusion that
CC has borrowed from LH, but it does require a different description of the composi-
tional logic at some points. Wagenaar (“Annulment”) emends the phrase in question to
‫“ אשר לא ידעה‬whom he has not yet known” (see n. 96). De Boer (“Some Remarks,” 165,
166) renders the phrase “if she ceases to please her master, who therefore does not keep
her. . . . ”
80. Fleishman (“The Law of Exodus 21:7–11,” 53) understands the phrase to refer to
an “infringement of his legal obligation,” i.e., a contractual break. Chirichigno (Debt-
Slavery, 249–250) similarly argues that it refers to an objective or technical breaking of
the marriage contract prior to consummation (cf. Paul, Studies, 54 and n. 7; “Threefold
Maintenance,” 48 n. 6). Hoftijzer (“Ex. xxi 8,” 391) translates: “If she does not please
her master, who is not taking the decision about her to let her be redeemed, he shall not
be able to sell her to a foreign community when he is breaking the relation (owner-slave
girl) with her.”
81. So David, “Manumission,” 68 n. 18; Jackson, Wisdom Laws, 90–91. For ‫בגד‬
in marriage contexts, sometimes with the sense of sexual impropriety, see Jer 3:8,
11, 20; 9:1; Hos 5:7; Mal 2:10, 11, 14, 15, 16; Prov 23:28; for treacherous and con-
spiratorial behavior, see Judg 9:23; 1 Sam 14:33; Isa 21:2; 24:16; 33:1; 48:8; Jer 5:11;
12:1, 6; Hos 6:7; Hab 1:13; 2:5: Ps 25:3; 59:6; 73:15; 78:57; 119:158; Prov 2:22; 11:3, 6;
13:2, 15; 21:18; 22:12; 25:19; Lam 1:2 (less clear Job 6:15). Chirichigno (Debt-Slavery,
248–250) says that the cases of ‫ בגד‬in Judg 9:23; Lam 1:2; Isa 21:2 and 33:1 refer to
“the breaking or violation of human agreements or treaties.” They actually involve
much more than this: the betrayal of Abimelech by the people of Shechem is caused
by the deity and involves violence (cf. Judg 9:23–25); the allies of Judah do not simply
betray her, but also become her enemies (Lam 1:2); the betrayers in the Isaiah pas-
sages are also destroyers and are violent (‫)שודד‬. On the root ‫בגד‬, see also Rothenbusch,
Rechtssammlung, 253 n. 113.
82. Some have thought that the requirement of redemption in v. 8 assumes that she
is a virgin, as opposed to v. 11, where there is no redemption necessary because she is
a wife (see Chirichigno, Debt-Slavery, 247–249, and various responses to the supposed
problem in Carmichael, Laws of Deuteronomy, 57–59). This interpretation cannot be

sustained because the condition for the woman’s release in v. 11 is not her vaginal
status, but that she is not being sustained by the creditor-husband as required by v. 10.
The theoretical inverse corollary of v. 11 is that if the creditor has been properly provid-
ing support, the woman could be freed only by a redemption payment. That is the rule
of v. 8.
83. Chirichigno, Debt-Slavery, 248; Jackson, Wisdom-Laws, 85–86, 90; Pressler,
“Wives and Daughters,” 158 n. 26.
84. Other possible reasons are that she does be appear to be a virgin (cf. Deut 22:13–
14), she is not as beautiful as desired (cf. Gen 29:17), her family is objectionable (cf. Gen
28:8), or something indefinable (cf. Deut 21:15–17). Cf. Jackson, Wisdom-Laws, 92–93
n. 80.
85. So Cazelles, Code, 48–49; Chirichigno, Debt-Slavery, 249; de Boer, “Some
Remarks,” 162; Jepsen, Bundesbuch, 2; Pressler, “Wives and Daughters,” 158–159
n. 27; Sprinkle, Book, 53; Wagenaar, “Annulment,” 227–228. For those who take ‫נכרי‬
as an actual foreigner, see Marshall, Israel, 115; Phillips, Essays, 107; Rothenbusch,
Rechtssammlung, 254 n. 117; Westbrook, “Female Slave,” 220; (this argument generally
views the term in contrast to ‫)עברי‬. Schwienhorst-Schönberger (Bundesbuch, 314–316)
sees v. 8b as a post-Deuteronomic addition, and given Deuteronomy’s interest in for-
eigners, the “foreign people” in CC’s law must mean non-Israelites. For a discussion of
the alternatives, see Houtman, Exodus, 3:128; Jackson, Wisdom-Laws, 93 n. 82.
86. For the Gtn present/durative of našûm meaning “permanently bear” in LH 3
and 13, see Abusch, “He Should Continue to Bear.” The phrase adi balat “as long as
she lives” in LH 148 and 178 supports the idea that the Gtn of this root in LH indicates
permanence (Abusch, private communication).
87. In the past ‫ עֺנָה‬has generally connected with an ‫ ענה‬root (for these roots, see
Stendebach, “‫‘ ענה‬ānâ I” and Gerstenberger, “‫‘ ענה‬ānâ II”; BDB 773; HALOT2 855).
It is not clear that it can be connected with the word ‫“ עת‬time,” the adverb ‫“ עתה‬now,”
and the adjective ‫“ עתי‬ready,” because their roots are not clear (see Kronholm, “‫עת‬, ‘ēt,”
436–437). Levine (“On Exodus 21,10,” 144, 150) has recently argued that the noun in
CC means “her opening, vagina” and refers (metonymically) to “sexual intercourse.”
Given how husbands might react to hated wives and given that the wife might be unap-
proachable for physical or psychological reasons, requiring sexual intercourse seems an
unlikely legality.
88. As enumerated in HALOT 799–800.
89. See HALOT 800. These include: (1) Deut 33:28, emended (see BHS), parallel to
‫שכן‬, and (2) Isa 13:22, in the context of the roots ‫ רבץ‬and ‫ שכן‬in v. 21. The connection to
this root is accepted by Stendebach, “‫‘ ענה‬ānâ I,” 229; von Soden, “Zum hebräischen
Wörterbuch,” 159–160.
90. Schwienhorst-Schönberger (Bundesbuch, 314 n. 44) notes that most take the
term as referring to “habitation” (for this view Crüsemann, Torah, 157; see also the
works cited in Rothenbusch, Rechtssammlung, 260 n. 149). Houtman (Exodus, 3:129–
130) takes it to refer to sexual intercourse. North (“Flesh,” 206) concludes that the
threefold list refers to “her physical satisfaction, her honorable standing in the harem,
or her right of parenthood.” Levine (“On Exodus 21,10,” 141) argues against the mean-
ing “domicile,” saying that no ancient translation follows this interpretation; the law
assumes that she is living in the husband’s household, from which she goes free if other
needs are not met, hence there is no need to mention housing; and that the existing
biblical Hebrew nouns for habitation require an emendation by prefixing a mem. None
of these objections is decisive. For other interpretations see the next n.
91. The triadic list of support is found also in LLI 27; LE 32; MAL A 36. See also
CAD I 167b-168a. See the discussion in Paul, “Threefold Maintenance Clause”; Studies,
56–61. Rothenbusch (Rechtssammlung, 222, 260–261), following the context of cunei-
form texts (see later), takes ‫ עֺנָה‬in the list to mean “oil” (with a question mark). Sprinkle
(Book, 54) extends this in meaning to “cosmetics.” Oren (“‫)לענין ”שארה כסותה וענתה‬,
who connects the term with lists in LLI 27 and Hos 2:7, proposes an emendation to ‫ענֻגה‬
meaning “self-adornment,” referring to oils a woman uses to adorn herself. Jackson
(Wisdom-Laws, 92) leaves interpretation open, referring to either “residence” or “oil/
cosmetics.” Jacob (Exodus, 626–628) uses “oil” in the Akkadian lists to interpret ‫עֺנָה‬
as “regular provisions.”
92. Those who argue that it refers to three laws include Chirichigno, Debt-
Slavery, 253; Fleishman, “The Law of Exodus 21:7–11,” 56–57; Houtman, Exodus,
3:130; Sprinkle, Book, 54, and see the references collected at Rothenbusch,
Rechtssammlung, 259–260 n. 144. For critique of this view, see Jackson, Wisdom-
Laws, 117–119; Rothenbusch, Rechtssammlung, 259–260. It would be an odd coinci-
dence if it referred to the stipulations in vv. 8, 9, and 10 when v. 10 just listed three
means of support.
93. For LH 142, see Locher, Die Ehre, 270–313.
94. For discussion, see Lafont, Femmes, 184–186, 209–214.
95. Paul (“Threefold Maintenance Clause,” 48 n. 3) compares ‫ יעד‬to uddûm (idûm
D) in MAL A 43, used of assigning a wife for a son (for the meaning “assign,” see CAD
I 32).
96. This indicates, in addition to the considerations brought before, that the verb in
v. 8 is not to be emended to ‫“ ידע‬know,” i.e., “have intercourse with,” even though LH
155–156 use a similar verb for intercourse in their later context, lamādum “to learn.”
See Wagenaar’s view n. 79.
97. See Westbrook, “Female Slave,” 236. For other interpretations of ‫משפט הבנות‬,
see Jackson, Wisdom-Laws, 92 n. 74; Niehr, Herrschen und Richten, 183; Paul, Studies,
55; “Threefold Maintenance Clause,” 48–49 (Paul’s evidence is rejected by Pressler,
“Wives and Daughters,” 159) Wagenaar, “Annulment,” 228–229.
98. ‫“ כמשפט הבנות‬according to the law for daughters” may be a cross-reference to
its source not entirely different than ‫“ כאשר צויתך‬as I have commanded you” in 23:15,
which refers to Exod 13:6; see chapter 12. This external referencing raises the interest-
ing question of whether CC seeks to replace or simply modify its source. See the inci-
sive discussion of the general issue in Stackert, Rewriting, 209–225.
99. Crüsemann (Torah, 157–158) notes Amos 2:7, which criticizes a father and son
having intercourse with the same girl (‫ )נערה‬who is “probably a slave who has been
turned into a sort of ‘family whore.’ The law in Ex 21:7ff. was intended to prevent pre-
cisely this practice. The female slave should be brought into a single, permanent sexual
relationship.”
100. So Otto, Wandel, 35–37; he says vv. 7–11 were added to parallel v. 2. Noth
(Exodus, 178) says that vv. 7–11 come to define the law about the slave wife implied in
vv. 3–6.
101. Those who say that CC has family law only in 22:15–16 or in 21:15, 17 are
technically not correct (e.g., Niehr, Rechtsprechung, 43–46: he says the family law such
as it appears in CC belongs to a later stratum). CC manifests several of the interests
of the family law of LH 127–191, but in the context of the debt-slave legislation (see
chapter 3). Boecker (Recht und Gesetz, 120) uses the apparent lack of family law in CC
as a criterion for dating; CC’s laws arose in a time when marriage and family law was
taken care of by the paterfamilias and therefore was not a matter of law.
102. For CC’s familiarity with LH 278–281, see earlier in this chapter. CC may have
also been familiar with LH 15–17, since they are next to LH 14, a stimulus for Exod
21:16 (see chapter 7).
103. Casuistic laws in CC that mention only a male when a woman is conceptually
or theoretically included are: 21:12–14 (homicide, both victim and assailant); 21:15, 17
(the rebellious child; but see the table for male and female parents); 21:16 (kidnap-
ping; victim and kidnapper); 21:18–19 (fighting and injury; both victim and assailant are
male); 21:20–21 (killing slave; assailant/owner is male, but see the table for the victims);
21:22–25 (miscarriage and talion; only male assailants); 21:26–27 (injury of slave;
male-owner assailant, but see table for victims); 21:28–32 (ox goring; male owner, but
for victims see the table); 21:33–34 (negligence: pit owner and animal owner are males);
21:35–36 (ox goring ox; both owners are male); 21:37–22:3 (animal theft and burglary;
thieves and human victims are males); 22:4–5 (field grazing and burning; male agents);
22:6–8 (deposit; males in all roles); 22:9–12 (animal loss: males in all roles); 22:13–14
(animal rental: males in all roles).
104. For this tendency, see Malul, Comparative Method, 144–145. He notes that HtL
mentions females and males in several of its laws.
105. The intentional mirroring between 21:2–6 and 7–11 (cf. n. 1) can be associated
with the issue of gender inclusiveness.
106. The solution for why CC began with LH 117 that I gave in Wright, “Laws of
Hammurabi as a Source,” 47–48 n. 42, must be rejected. Some have suggested implic-
itly in their structural analyses that the slave laws begin the casuistic laws because
of a correlation with 23:10–12, the seventh-year and -day laws (Halbe, Privilegrecht,
423–424, 460–461; Rothenbusch, Rechtssammlung, 19; and see n. 8). While we cannot
claim that this is part of a larger chiastic structure in CC, these thematic correlations
move in the right direction in explaining why CC’s casuistic laws begin with debt-
slavery. Rothenbusch (Rechtssammlung, 299–300) adds that CC appears to have had a
particular interest in the subject of slaves, given their appearance in Exodus 21:2–11,
18–32. Carmichael (Origins, 77–87; Spirit, 5) explains the placement of the slavery law
first by its correlation with the Jacob’s working periods of seven years for Laban (Gen
27:20, 30). His theory of the narrative generation of laws in CC and other collections
does not hold up under scrutiny (cf. Levinson, “Carmichael”).
107. Cassuto, Exodus, 266; Kaufman, “Structure,” 116; Paul, Studies, 52, 107;
Sprinkle, Book, 62; cf. Chirichigno, Debt-Slavery, 186–190; Jackson, Wisdom-Laws,
103–105; “Practical Wisdom,” 82. Some connect this specifically with imitation of
the Decalogue that begins with slavery in Egypt. Jackson (Wisdom-Laws, 103 n. 142)
observes that Deut 15:13 openly refers to the Exodus tradition to rationalize its debt-
slave law (he compares Jer 34:13–14; see also his pp. 104–105). For the relationship of
the Decalogue to CC, see chapter 12.
108. Some argue that 21:2–11 are secondary: Jackson, Wisdom-Laws, 106 n. 158,
107–108; Osumi, Kompositionsgeschichte, 149–153; Schwienhorst-Schönberger,
Bundesbuch, 310–311 (he sees the slave law of 21:2–11 being added by the same redac-
tor who added the altar law in 20:24–26*, i.e., his Gottesrechtsredaktor). In contrast,
Rothenbusch includes them as original (see the summary of his view in chapter 1).
109. For a discussion of this view and literature, see Chirichigno, Debt-Slavery, 186–
195. Lemche (“Hebrew Slave,” 135–134) has argued, in view of his Canaanite hypothesis,
that originally the debt-slave law appeared elsewhere in the collection (perhaps with vv.
26–27) and was moved at a later stage of editing to the beginning of the casuistic laws.
110. Chapter 6 speculates that the lengthening of the period is to be understood as
offering some respite, not against LH, but in the context of harsh native Israelite/Judean
customs.
111. See Kaufman, “Deuteronomy 15”; “Social Welfare System”; Levinson,
“Manumission”; Stackert, Rewriting, 113–164—all contra, for example, the direction
of dependence argued by Japhet, “Relationship.” For the realization of Deuteronomy
15’s law in practice according to Jeremiah 34, see Chavel, “Let My People Go”; Sarna,
“Zedekiah’s Emancipation.”
112. Comparisons of the debt-slave laws with other Near Eastern customs and texts
are less precise than those described with LH in this chapter. For Emar 6 16, see chap-
ter 4, n. 10. Otherwise, most attention has been given to Nuzi texts (Mendelsohn,
“Slavery in Nuzi”; Paul, Studies, 45–61; and compare Eichler, Indenture at Nuzi).
Chirichigno (Debt-Slavery, 92–97, 99–100) offers critique of comparison with Nuzi
customs as various points. For other cautions about Nuzi material for the stories of
Genesis or law, see Eichler, “Nuzi and the Bible,” 111–119 (and see n. 44 earlier);
and generally, Maidman, “The Rise and Fall of the Patriarchal Age.” Traditions from
Israelite/Judean culture, which are tied to the larger legal culture and heritage of the
ancient Near East, may have been influential in CC’s creative revision of its Akkadian
sources. Hence a study of this larger complex of traditions in the ancient Near East can
still aid in the analysis of CC.
Chapter 6
1. Those who recognize the similarity of vv. 18–19 and LH 206 include, for exam-
ple, Cazelles, Études, 150–151; Chirichigno, Debt-Slavery, 192–193 and n. 1 on p.
193; Fensham, “Transgression and Penalty,” 27–29; “Das Nicht-haftbar-sein,” 22–23;
Houtman, Exodus, 3:154; Rothenbusch, Rechtssammlung, 312–317; Schwienhorst-
Schönberger, Bundesbuch, 58; Veenker, “Syro-Mesopotamia,” 160. The correla-
tion of vv. 20–21 with LH 208 is generally not recognized. The homicide law of vv.
12(–14) has been compared to LH 207, and Schwienhorst-Schönberger (Bundesbuch,
226–227; also pp. 215, 231) has come the closest to the observations of this study in
noting that v. 12 and vv. 18–19 are contextually tied to each other (so also Osumi,
Kompositionsgeschichte, 111). Schwienhorst-Schönberger (Bundesbuch, 69 and n. 41
there) further notes that v. 12 and vv. 18–19 have the reverse order of LH 206–207. He
correlates this with a reversal of topics in vv. 20–21 over against LH 115–116 (see later
in this chapter).
2. When speaking of interactions between persons (assault, deposit, theft, borrow-
ing), CC generally uses ‫“ איש‬man” as the primary agent and ‫“ רעהו‬his fellow” as the
counterpart (21:14, 18, 35; 22:6, 7, 8, 9, 10, 13, 25). Akkadian idiom generally uses the
noun awīlum “man” for both, with the agent primarily in the nominative and the coun-
terpart in the accusative or genitive following a preposition. Besides the correlation in
21:18 and LH 206, observed here, a close correlation of idiom is found between Exodus
22:6 and 9 and LH 124: “if a man gives to his fellow silver or goods for safekeeping”
(‫ ;כי יתן איש אל רעהו כסף או כלים לשמור‬22:6; cf. v. 9) and “if an awīlum gives to an awīlum
silver, gold, or anything else for safekeeping” (šumma awīlum ana awīlim kaspam
urāam u mimma šumšu . . . ana maarūtim iddinma). See the related question raised
at n. 54 in chapter 10.
3. CC may have chosen a verbal formulation for the description of fighting in v. 18
in anticipation of the miscarriage law, which also uses a verb, though a different root
(see later on the miscarriage laws).
4. The burglary law in 22:1–2a is similar in that its final location is different than
its generative context. See chapter 9.
5. Many see v. 12 as secondary. Some say that this existed with vv. 15–17 as a sepa-
rate group of laws that was eventually added to a shorter casuistic collection containing
vv. 18–19 and other assault laws (Otto, Wandel, 31–32; Rothenbusch, Rechtssammlung,
226; see chapter 1, which summarizes the views of Otto and Rothenbusch). A few see
v. 12 as original and conceptually coordinated with vv. 18–19 (see n. 1). Schwienhorst-
Schönberger (Bundesbuch, 39–42, 213–234), who is of this view, believes that vv.
15–17 (participial laws) were added to v. 12; these laws were then augmented by vv.
13–14. Most believe that vv. 13–14 are secondary (Crüsemann, Torah, 150; Fensham,
“Das Nicht-haftbar-sein im Bundesbuch,” 19; Jackson, Wisdom-Laws, 120–121, 147,
390; Osumi, Kompositionsgeschichte, 122; Otto, Wandel, 31–32; Patrick, Law, 73).
Zakovitch (“‫ספר הברית‬,” 62*) says that vv. 13–14 were added to the participial laws of
vv. 12, 15–17 to harmonize with homicide laws in Deuteronomy 19 and Numbers 35 and
that the “place” refers to a city of refuge, not the altar. Brin (Studies in Biblical Law,
32–33) says that not only are vv. 13–14 from a different source than v. 12 but also that v.
14 originally preceded v. 13 before incorporation into CC (for a critique, see Stackert,
“Asylum,” 36–37 n. 31; Rewriting, 45 n. 34). On the supposed redactional development,
see also Anbar, “L’influence deutéronomique.”
6. Compare also Lev 24:17: “if a man strikes any human being he shall be put to
death” (‫)איש כי יכה כל נפש אדם מות יומת‬.
7. Schwienhorst-Schönberger (Bundesbuch, 40), for example, says that v. 12 does
not seem to have premeditated murder in mind (cf. Otto, Wandel, 33). Jackson (Wisdom-
Laws, 122–123, 131), Barmash (Homicide, 147–150), and Schenker (“Analyse,” 210–211)
argue against the notion that v. 12, taken by itself, means that unintentional homicide
was punishable by death. Verses 13–14 merely unfold the implicit meaning of v. 12. See
the terse formulations of Lev 24:21 (and v. 17) and Exod 20:13 // Deut 5:17 (see n. 10).
Verse 12 in CC must be considered a similar abbreviated formulation, especially being
originally part of a short list of laws formulated in participial form, as I will argue later.
It is a mnemonic trigger whose implications an audience and authorities would be able
to call to mind and explicate.
8. Compare the C-stem participial formulation in Jer 26:15: ‫“ אם אתם ממתים אתי‬if
you kill me. . . . ” The ox law in 21:29 uses a C-stem, though a suffixing form, for the
animal killing a person.
9. Similar to Gen 9:6: ‫ִשּׁפֵך‬
ָ ‫“ שֺפֵך דם האדם באדם דמו י‬He who sheds the blood of a man,
by man shall his blood be shed.” See Jackson, Wisdom-Laws, 148–149, on this and other
related participial formulations.
10. As in Leviticus 24:21: ‫“ ומכה אדם יומת‬One who strikes a person (fatally) shall be
put to death.” Compare also D’s denunciation: ‫“ ארור מכה רעהו בסתר‬Cursed be he who
strikes (fatally) his neighbor in secret” (Deut 27:24).
11. On the issue of intent in the law, see Barmash, Homicide, 116–153.
12. Cardascia (“Le charactère volontaire,” 178–179) says that intentional homicide
was punished by death, according to the implications of various laws in LH and LE.
13. The interpretation of ‫ מות יומת‬as “he may be put to death,” meaning that capital
punishment is not necessary (Houtman, Exodus, 3:86–87, 97, 138; Jackson, Wisdom-
Laws, 131–132, 390; Osumi, “Brandmal,” 6), is overly subtle. This reflects reading the
law as deriving from practical procedure and its application, rather than as an ideal
expression couched in rhetorical language.
14. Compare Exod 18:11; Deut 1:43; 17:13; 18:20; Jer 50:29; Neh 9:10, 16, 29.
15. Cf. 1 Sam 24:12, where it means “to plot.” The noun ‫ צדיה‬in Numbers 35:20, 22
refers to mental action. Barmash (Homicide, 23; see also p. 117) correctly notes that the
verb “stresses the aspect of planning and watching for an opportunity to entrap, rather
than the aspect of hiding.” For ‫“ ערמה‬deceit,” see Sprinkle, Book, 85 n. 2.
16. Schwienhorst-Schönberger (Bundesbuch, 40–41) observes that some take the
difference in the place of refuge, ‫“ מקום‬place” in v. 13 and ‫“ מזבח‬altar” in v. 14, as
evidence that the verses are compositionally separate. He rejects this as a criterion for
redactional development.
17. For a discussion of the institutionalization of asylum and homicide adjudication,
see Barmash, Homicide, 20–70; Jackson, Wisdom-Laws, 131, 141–147. This has to be
reexamined in the context of CC’s essential unity (i.e., vv. 13–14 are not an addition and
hence not a historical development) and, more important, CC’s academic and ideologi-
cal character, which indicates that it is not a pure reflection of actual practice (see the
end of this chapter).
18. Viberg, Symbols, 120–126.
19. Contra Barmash, Homicide, 72–74; cf. her “Narrative Quandary,” 15.
20. Jackson (Wisdom-Laws, 162) sees a reverse relationship between the narrative
and legal texts. As a later addition, in his view, vv. 13–14 may be a reaction to the sto-
ries in 1 Kings, “to justify Solomon’s action in relation to Joab (and at the same time to
stress that the killing must not take place at the altar itself).”
21. Jeffrey Stackert (“The Divine Avenger in Amos 9:1–4”; paper at the November
2007 SBL meeting, San Diego) argued convincingly that asylum imagery informs this
passage. In private communication, he said that he does not see textual dependence
between the CC and the Amos passage and therefore could not answer the question
about relative chronology. On the relationship of CC to early prophetic works, see chap-
ter 4, n. 39. Other biblical passages that have been viewed as reflecting sanctuary asy-
lum include Pss 15:1; 17:8; 27:5; 57:2; 59:17, 18; 61:5; 144:2; Neh 6:10–13.
22. Alt and others in his wake have classified the participial laws as a form of apo-
dictic law (Alt, “Origins,” 109–110; Gerstenberger “ ‘Apodiktisches’ Recht,” 16–20 and
passim; Wesen und Herkunft, 25; Liedke, Gestalt, 101–153, esp. 138; Otto, Wandel,
63–64; Rothenbusch, Rechtssammlung, 21; see also Schulz, Todesrecht, 83–84).
Though this might be possible upon a strict analysis of the syntax (the participle is gen-
erally the subject of a verb phrase that has injunctive force, e.g., “a striker shall be put
to death”), the participial laws can be analyzed from a conceptual grammatical point
of view as realizations of an underlying casuistic complex, with protasis and apodosis.
Several have commented on the similarity of the participial form with casuistic laws
and have even classified it as casuistic (Gese, “Beobachtungen zum Stil,” 148–150;
Houtman, Exodus, 3:84; Jackson, Wisdom-Laws, 54–57, 147–148; Liedke, Gestalt,
117, 119–120, 142–143; Schotroff, Fluchspruch, 107–112; Schwienhorst-Schönberger,
Bundesbuch, 228; Sonsino, Motive Clauses, 1–39; “Forms,” 252–253; Sprinkle, Book,
74; Weinfeld, “Origin of Apodictic Law,” 63; cf. Gilmer, If-You Form, 18). Lev 24:17
shows the similarity of the participial laws to casuistic laws: ‫ואיש כי יכה כל נפש אדם‬
‫“ מות יומת‬if a man strikes any human mortally, he shall be put to death” (noted by
Herrmann, “Das ‘apodiktische Recht,’ ” 94). Fleishman (“Offences,” 7 n. 1) observes
that the laws on child rebellion in vv. 15 and 17 are in content similar to the casuistic
law in Lev 20:9 and that the laws in vv. 12, 15–17 have penalties unlike purely apo-
dictic laws. That CC can use the participial form in vv. 12, 15–17 to embody motifs
from a casuistic source indicates that it sees a correspondence between the forms (see
chapter 7). For further observations on the participial form and genre considerations,
see Blenkinsopp, Wisdom and Law, 93; Houtman, Exodus, 3:82–84; Knierim, “Problem
of Ancient Israel’s Prescriptive Legal Traditions,” 9–14; Osumi, Kompositions-
geschichte, 22.
23. Some who posit in one way or another a preexisting participial series include
Alt, “Origins,” 111–112, 144 (“Ursprünge,” 235–237); Crüsemann, Torah, 144–151;
Houtman, Exodus, 3:84; Otto, Wandel, 31–34; “Aspects,” 182–183; cf. Rothenbusch,
Rechtssammlung, 20. Wagner (Rechtssätze, 16–31, esp. 19–21), using the variety of ‫מות‬
‫יומת‬-laws in the Bible as a database upon which to draw, posits an original ten-member
series with laws on homicide, parent striking, kidnapping, parent cursing, adultery with
a fellow’s wife, lying with father’s wife, lying with daughter-in-law, male homosexual-
ity, marrying a woman and her mother, and lying with a beast. See the contrasting view
of Schwienhorst-Schönberger in n. 5.
24. On the phrase ‫“ מות יומת‬he shall be put to death,” see Liedke, Gestalt, 127–130;
Milgrom, Studies, 5–8; and works in the previous note. For a discussion of the wording
of death sentences, see Bovati, Justice, 360–363.
25. The two exceptional verbs in CC’s participial laws (‫ חיה‬D-stem with negative
particle and ‫ חרם‬C-stem) are found in Deut 20:16–17: “However, from the towns of these
people that Yahweh your God is giving to you as a heritage you shall not let live any life.
Rather, you shall exterminate them. . . . ” (‫רק מערי העמים האלה אשר יהוה אלהיך נתן לך נחלה‬
. . . ‫)לא תחיה כל נשמה כי החרם תחרימם‬
26. Others have compared this list with the participial and other laws (Alt, “Origins,
120–122; Liedke, Gestalt, 102, 116, 143–146; Schottroff, Fluchspruch, 120–129; Schulz,
Todesrecht, 61–71; Sonsino, Motive Clauses, 3, 22; Wagner, Rechtssätze, 32–39). For
the late date of Deut 27:14–26 in the context of the chapter, see Na’aman, “The Law of
the Altar,” 154–155.
27. The Decalogue (in Exodus 20 and Deuteronomy 5), though not formulated par-
ticipially, is relevant here. It is a short list with a broad topical scope. It may have origi-
nally consisted of brief commands without elaborations or rationales (cf. Greenberg,
“Decalogue Tradition”; Weinfeld, “Decalogue”; cf. Levin, “Der Dekalog am Sinai,”
170–171). For the relationship of the Decalogue to CC, see chapter 12.
28. Gen 26:11; Exod 19:12; 31:14, 15; Lev 20:10; Num 35:16–18, 21.
29. For other cases of the phrase “he shall be put to death” ‫מות יומת‬, see Gen 2:17;
Lev 27:29; Num 15:35; 26:65; Judg 21:5; 1 Sam 14:39, 44.
30. Because the participial source had penalties with the infinitive absolute con-
struction, one may ask about the extent to which this influenced other such construc-
tions in CC (in the casuistic laws 21:20, 28, 36; 22:2, 5, 13; for other examples, see
chapter 12, n. 30).
31. A briefly formulated participial source may explain why the homicide law of
v. 12 does not include a woman alongside a man. For CC’s tendency toward gender
inclusiveness, see chapter 5. Note the inclusion of father and mother in vv. 15, 17 (but
only a male victim in v. 16); see chapter 7.
32. I do not speculate about a Sitz im Leben for the native participial source (for dis-
cussions, see Gerstenberger “ ‘Apodiktisches’ Recht,” 16–20; Jackson, Wisdom-Laws,
147–149; Otto, Körperverletzungen, 140–142; Schwienhorst-Schönberger, Bundesbuch,
214–216, 220–225, 228–230; Sonsino, Motive Clauses, 1–39). A form-critical estimate
of these laws, however, may influence a judgment about the original scope of the pre-
sumed participial source. For example, if it grew up out of the context of family law,
then certain laws may be imagined as excluded from the original list.
33. Cf. Houtman, Exodus, 3:145; Schwienhorst-Schönberger, Bundesbuch, 40 (and
n. 7 there).
34. Exod 21:2, 7, 18, 20, 22, 26, 28, 33, 35, 37; 22:4, 5, 6, 9, 13, 15.
35. Exod 21:3, 4, 5, 8, 9, 10, 11, 19, 21, 23, 27, 29, 30, 32; 22:2, 3, 6, 7, 11, 12, 14,
16. See Jackson, Wisdom-Laws, 347–349; Osumi, Kompositionsgeschichte, 94–101,
both with tables summarizing the stylistic distribution; see also Chirichigno, Debt-
Slavery, 196–198; Gevirtz, “West-Semitic Curses”; Levinson and Zahn, “Revelation
Regained”; Liedke, Gestalt, 31–39; Wee, “Hebrew Syntax”; Wenham, “Legal Forms.”
This ‫כי‬/‫ אם‬patterning has to be considered part of CC’s native style because it is not part
of Akkadian sources, even though a similar stylistic distinction occurs in the Hittite
Laws (cf. Hoffner, Laws, 12; also MacKenzie, “Formal Aspects,” 34–35). The style
appears in other, though later, legal collections of the Bible. See, for example, Lev 1:2,
3, 10, 14; 3:1, 7, 12 (Lev 3 is a continuation of Lev 1); 4:2, 3, 13, 22 (with ‫)אשר‬, 27, 32;
Deut 20:10, 11, 12; 21:10, 14; 22:13, 20; 22:23, 25.
36. NAB takes it pronominally: “He, however, who did not hunt a man down. . . . ”
Jackson (Wisdom-Laws, 148–149, 160; cf. 437–438 nn. 42, 47), building on observations
by Yaron (Laws, 105–106, 109–110) about the correlation of relative formulations in law
(awīlum ša “a man who”) with conditional formulations (šumma awīlum “if a man”),
comes close to saying that ‫ אשר‬is a relative pronoun. He compares the parallel formula-
tion between the parent-cursing laws of Exod 21:17 (participle) and Lev 20:9 (relative
pronoun ‫)איש איש אשר יקלל‬. Liedke (Gestalt, 106, 113, 116, 140–141) sees the relative form
(‫“ איש אשר‬a person who . . . ”) as an expansion or extension of the basic participial form.
37. ‫ אשר‬occurs in positive formulation in Deut 27:15 alongside the other laws
in the series with participles: “Cursed is the man who makes an image or idol . . . ”
( . . . ‫)ארור האיש אשר יעשה פסל‬. The reason for the suffixing verb in Exodus 21:13 (‫)צדה‬,
instead of a prefixing verb, is its relation to v. 12: “if he had not plotted” prior to his
striking described in v. 12. The imperfect in v. 14 (‫” וכי יזד‬if he acts deliberately”)
resumes the normal verbal aspect of CC’s casuistic formulation.
38. Stackert (Rewriting, 43–47), correcting and building on Otto (“Aspects,” 195).
Stackert (pp. 31–57) provides a detailed analysis of the transformation of Exod 21:12–14
in Deut 19. For Deuteronomy’s dependence on CC here, see also Otto, Deuteronomium,
253–256. That Deut 19 uses Exod 21:12–14 shows that whole of CC’s homicide law is
pre-Deuteronomic. This demonstrates further that the altar law in Exod 20:24–26 is
earlier than Deuteronomy, since 21:12–14 depend on that law. The priority of CC’s altar
law is also visible in Deuteronomy’s dependence on it for its laws about cultic place
(see Levinson, Deuteronomy). Hence one cannot argue that Exodus 21:13–14 postdates
Deuteronomy’s laws, contra Anbar, “L’influence deutéronomique,” 165–166; Jackson,
Wisdom-Laws, 121; Zakovitch, “Book of the Covenant,” *59–64. See also Stackert,
“Asylum,” 27–28 n. 9 (Rewriting, 36–37 n. 10).
39. See Waltke and O’Connor, Syntax, §§ 19.1d and 19.3c.

40. Schwienhorst-Schönberger (Bundesbuch, 40) says that the use of ‫ כי‬in v. 14 may
indicate that the writer understood this verse as a case contrasting with what precedes.
41. In other laws, important data are left unsaid but implied by context, such as the
death of victims in 21:21 and 22:2a (see Jackson, Wisdom-Laws, 177–178).
42. For the connection to the altar laws, see Ruwe, “Zusammenwirken,” 197–198;
Schwienhorst-Schönberger, Bundesbuch, 41–42, 296–297; Stackert, Rewriting, 36–37.
43. ‫“ ושמתי‬I will place” (21:13); ‫“ מזבחי‬my altar” (21:14); compare ‫“ תעשה לי‬you make
for me”;‫“ אזכיר את שמי‬I proclaim my name”;‫“ אבוא אליך וברכתיך‬I will come to you and I
will bless you” (20:24); ‫“ תעשה לי‬you make for me” (20:25); ‫“ מזבחי‬my altar” (20:26).
44. ‫“ ושמתי לך‬I will appoint for you” (21:13); ‫“ תקחנו‬you shall take him” (21:14);
compare ‫“ תעשה לי‬you make for me”; ‫“ וזבחת‬you shall offer”; ‫“ עלתיך‬your burnt offer-
ings”; ‫“ שלמיך‬your well-being offerings”; ‫“ צאנך‬your flock animals”; ‫“ בקרך‬your cattle”;
‫“ אבוא אליך‬I will come to you”; ‫“ וברכתיך‬I will bless you” (20:24); ‫“ תעשה לי‬you make for
me”; ‫“ לא תבנה‬do not build”; ‫“ חרבך הנפת‬you lift up your chisel”; ‫“ ותחללה‬you profane it”
(20:25); ‫“ לא תעלה‬do not go up”; ‫“ ערותך‬your nakedness” (20:26).
45. Exod 21:13; 20:24. CC’s “place” is not a larger area such as a town or city, con-
tra Barmash, Homicide, 76–78. For arguments against Barmash’s interpretation, see
Jackson, “Homicide,” 369–370; Stackert, Rewriting, 34–38.
46. ‫“ מזבחי‬my altar” (21:14); compare ‫“ מזבחי‬my altar” (20:26); ‫“ מזבח אדמה‬altar of
earth” (20:24); and ‫“ מזבח אבנים‬altar of stones” (20:25).
47. Verses 18–19 provide a counter case to v. 12. Verse 18 uses the verb ‫“ הכה‬strike”
for the assault with the result ‫“( ולא ימות‬and he does not die”). This contrasts with v. 12,
which says “one who strikes (‫ )מכה‬a person and he dies (‫)ומת‬. . . . ” The phrase ‫ונקה המכה‬
“the striker is absolved” in v. 19 also complements contrastively ‫“ מות יומת‬he shall be put to
death” in v. 12. The content of v. 12 must be present in mind for vv. 18–19 to make sense.
48. It is not certain that the term ‫ אגרף‬means “fist”; see Houtman, Exodus, 3:154;
Fensham, “Transgression and Penalty,” 27. Other interpretations (noted by Houtman)
include clod of earth, club, broom, shovel, or rake (note the verb ‫ גרף‬in Judg 5:21, mean-
ing, perhaps, “sweep, wash away”; so Arabic ‫ﺟﺮﻑ‬, which is also the root for nouns
meaning “rake” or “trowel”). Houtman thinks that a tool or object may be intended, and
Schmitt (“Ex 21, 18 f,” 14–15) suggests at least an iron implement. If ‫ אגרף‬is an object,
then intentionality becomes more evident, though Fensham would see assault even with
an instrument as unintentional. Childs (Exodus, 448; cf. Sprinkle, Book, 89) compares
the nominal mishqal to ‫“ אצבע‬finger” and ‫“ אזרע‬arm” to support the interpretation of
‫ אגרף‬as a body part. For Sprinkle, even the use of a hand shows intentionality here. In
contrast, Rothenbusch (Rechtssammlung, 275 n. 208) and Jackson (Wisdom-Laws, 178–
180) deny that the “stone” indicates intention. The Samaritan lacks the phrase “with a
stone or a fist,” as well as “with a rod,” in v. 20. It also has the verb ‫“ מות‬to die” instead
of ‫ נקם‬in vv. 20–21. The Samaritan appears to be interpretive.
49. This is similar to the phrase “the hand sins” (kessar wastai) in HtL 3–4, used
to show inadvertence (cf. Hoffner, “On Homicide in Hittite Law,” 297). Hammurabi’s
laws speak of acts of the god: “if a man hires an ox and the god strike it and it dies”
(šumma awīlum īgurma ilum imassuma imtūt; LH 249); “if in a pen a divine stroke
occurs” (šumma ina tarbaim lipit ilim ittabši; LH 266). Both of these laws were known
to and influential in CC (22:9–10, 13–14; see chapter 10; cf. Fensham, “Role,” 264–265;
Jackson, Wisdom-Laws, 123 and n. 18). Jackson (Wisdom-Laws, 123–125, 159–160)
suggests that the clause in v. 13 be translated “or God directed his hand” (cf. 21:15,
16, 17; 22:4), so that the law refers to three modalities: accidental homicide (the act of
God), spontaneous unpremeditated homicide (did not plan), and intentional homicide.
It is not clear if CC intends these fine distinctions; LH does not recognize them. The
main categories of homicide or injury in both law collections are: inadvertent (cf. v. 13;
LH 206–207), negligent (vv. 28–32; LH 250–252), and intentional (v. 14; and, e.g., LH
196–201, 202–205), combined with the directness or indirectness of the assault. See the
later discussion on the talion laws.
50. Scholars are split on the matter. For example, Crüsemann (Torah, 160) says vv.
18–19 are concerned with intentional injury, whereas Rothenbusch (Rechtssammlung,
227, 298) says they involve inadvertence. See also n. 48.
51. For these laws and the issue of shame, see Roth, “Mesopotamian Legal
Traditions,” 24–37.
52. For ‫שבת‬, see Schwienhorst-Schönberger, Bundesbuch, 57. It does not mean “in
his place,” as suggested by HtL 10 (cf. Fensham, “Exodus XXI 18–19,” 335). For dis-
cussion of whether the root is ‫ ישב‬or ‫שבת‬, see Fensham, “Exodus XXI 18–19,” 334;
Houtman, Exodus, 3:155; Jackson, Wisdom-Laws, 181 n. 44.
53. Jackson (“Exodus 21:18–19”) believes that the overall form of vv. 18–19 is
anomalous in the context of Near Eastern casuistic law. The verses have a split-protasis
form, where a main condition is introduced (v. 19) followed by a conditional clause
that refers to a further specific circumstance (v. 18). The problem with vv. 18–19 is
that split protasis formulations usually have two secondary cases: “If (major condi-
tion), and if (minor condition) or if (alternative minor condition)” (compare LH 8). This
leads Jackson to emend vv. 18–19 so that they describe two cases (see his p. 805; also
Wisdom-Laws, 177). The lack of a normal split protasis in vv. 18–19 may be explained
by the source. LH 206–208 actually entail a split protasis form, with three subcondi-
tions. LH 207–208 are clear subcases to 206, and each begins with šumma “if.” In
the first law of the series, LH 206 also contains a subcondition in the phrase simmam
ištakanšu “he injures him.” Though this lacks šumma, it is a subcondition, set off by the
appearance of a perfect form in the preceding main conditional clause: šumma awīlum
awīlam ina risbatim imtaama “if a man strikes a(nother) man in a fight.” The perfect
verb normally marks the end of the description of operative legal conditions. In other
words, LH 206 could have been written šumma awīlum awīlam ina risbatim imtaa
šumma simmam ištakanšu . . . “if a man strikes a(nother) man in a fight—if he injures
him. . . . ” CC’s split protasis reflects this conceptual structure. The reason that CC does
not have a second (or third) alternative minor protasis is because the homicide law has
been moved to the beginning of the assault laws. This reordering of the text led CC to
write vv. 20–21 (= LH 208) with an independent casuistic form.
54. For the meaning of ‫נקה‬, see Schwienhorst-Schönberger, Bundesbuch, 55.
55. As Jackson (Wisdom-Laws, 174) says: “The phrase therefore becomes under-
standable only on the supposition that the victim of the assault, though initially he made
a sufficient recovery to walk abroad independently, subsequently dies.”
56. See Jackson, Wisdom-Laws, 173, who keenly poses the question about what
happens in the case of a permanent injury (cf. Jackson, “Exodus 21:18–19,” 799).
57. So Schwienhorst-Schönberger, Bundesbuch, 55–56; it is also the time when
liability for blood guilt ends (p. 54)
58. Hoffner, Laws, 23–24. A later version of the law (HtL IX) specifies the payment
due the physician.
59. Hoffner (Laws, 24) translates “incapacitates him.”
60. The Hittite law differs from CC and LH 206 in not contextualizing the injury
in a fight and also requiring a payment (six shekels) to the victim, beyond payment for
therapy and lost wages.
61. In the Old Babylonian period, the commoner (muškēnum) was probably free but
tied by obligations to the palace. As a free person, he could own movable property as
well as slaves. See Finkelstein, “Ammisaduqa’s Edict,” 96–99; Ox, 33; Klíma, “Im ewi-
gen Banne der muškēnum-Problematic?”; Kraus, Edikt, 144–155; see also Dandamaev,
Slavery, 643–646. In the later periods, the term becomes a general term for the poor.
Buccellati (“Note,” 98) says that the muškēnum is one “who has been provided with the
means to go beyond subsistence level through a mechanism that yields a revenue for
the king at the same time that it provides the beginning of a capital for the individual
himself.”
62. CC also omits the cases of the commoner and slave in its miscarriage law, as
found in LH 211–212, 213–214). See later for the reason.
63. For disciplining a slave by beating in wisdom literature, see Prov 29:19 (and see
van der Ploeg, “Slavery,” 76).
64. The second law begins with the unusual dual conjunction ‫“ אך אם‬but if.” See
Schwienhorst-Schönberger, Bundesbuch, 63.
65. Those who have compared 21:20–21 to LH 115–116 include Cardellini,
Sklaven-Gesetze, 344; Jackson, Wisdom Laws, 251–252; “Slavery,” 96; Rothenbusch,
Rechtssammlung, 317–319; Schwienhorst-Schönberger, Bundesbuch, 68–69; Westbrook,
Studies, 90–91, 100. Rothenbusch (p. 319) agrees with Jepsen (Untersuchungen, 59–60),
that the dissimilarities between LH 116 and Exod 21:20–21 are too great to speak of
dependence.
66. Schwienhorst-Schönberger, Bundesbuch, 68–70, 312.
67. The poetic counterpart of Hebrew ‫ הכה‬is ‫ ;מחץ‬see Held, “maa,” 169, 170–171;
various examples include Hab 3:13; Ps 18:38–39 (// 2 Sam 22:39); 68:22; 110:6.
68. This may have relevance for the grammatical analysis of the verb ittandin in LH
117; see chapter 5, nn. 69, 70.
69. My translations of the verb ‫ נקם‬in the two verses, with different subjects, reflect
the different verbal stems. The N-stem as found in v. 20 only takes the victim as the
subject elsewhere in the Bible (Judg 15:7; 16:28; 1 Sam 14:24; 18:25; Isa 1:24; Jer 15:15;
46:10; 50:15; Ezek 25:12, 15; Esther 8:13). I follow this for the subject in v. 20. The
G-passive (vocalized in the MT as a C-passive) as found in v. 21 may take either the
victim or the assailant as a subject (cf. Gen 4:15, 24; the reason for this apparent incon-
sistency is that the victim or assailant may be the object of the G-active form and thus
be realized as the subject of the passive; cf. Lev 19:18; Josh 10:13; 1 Sam 24:12; but see
Lipinski, “‫ נָקַם‬nāqam,” 1–2 on Josh 10:13). The different verb stem may be a way of
shifting the verbal subject in v. 21.
70. Schwienhorst-Schönberger (Bundesbuch, 67) wants to read v. 21 so that it agrees
more with LH 115. Thus he takes the verb ‫ יעמד‬to mean that the slave can physically
stand and is well enough to do his/her normal work. He also takes the phrase “because
he is his silver” (‫ )כי כספו הוא‬to agree conceptually with the last phrase of LH 116 (ina
mimma šumšu mala iddinu ītelli, “he shall forfeit as much as he gave as a loan”) to mean
“denn dies (d h. diese Angelegenheit, nämlich, daß der Sklave frühzeitig stirbt) ist sein
Geld (,das ihm dadurch verloren geht).” He adds that one may translate it freely as “denn
um sein Geld geht es hierbei.” Rothenbusch (Rechtssammlung, 319) resists correlat-
ing the forfeiture clause in LH 116 with the biblical phrase. Schwienhorst-Schönberger
adds (p. 78; cf. pp. 66–70) that the goal of v. 21 is to protect the creditor from unjustified
complaints from the slave’s family, should he die a natural death. This interpretation
strains the contextual flow of vv. 20–21 and cannot be accepted, given the consideration
in n. 71, next.
71. The meaning of the phrase ‫אם יום או יומים יעמד‬, literally, “and he stands for a day
or two,” is not entirely clear. A number of researchers take it quite literally to mean “if
he is on his feet/is able to stand in a day or two” (Chirichigno, Debt-Slavery, 173–177;
Rothenbusch, Rechtssammlung, 222, 298–299 n. 319; Schwienhorst-Schönberger,
Bundesbuch, 64–66; see the previous note). This interpretation is suggested mainly
by the case described in vv. 18–19, where the victim who takes to his bed gets up,
with the result that the assailant is exonerated should the victim consequently die.
Both have verbs of rising or standing (‫ קום‬and ‫)עמד‬, and the clause about the patient’s
rising or standing is followed by a clause of exoneration. This interpretation resolves
the tension between v. 20 and 21: the assailant does not get off when the slave remains
incapacitated and then dies. He only is absolved when the slave physically stands. Yet
several considerations indicate that the phrase in v. 21 refers only to the slave’s remain-
ing alive, not standing: (1) The phrase ‫“ ומת תחת ידו‬and he dies under his hand” in v.
20 must mean immediate or relatively immediate death. The distinctive contrasting
datum in v. 21 is the reference to time, “a day or two,” not also to what may be indi-
cated by the verb ‫עמד‬. (2) The verb ‫ עמד‬can have a meaning of “to remain, endure,” and
in connection with time periods described in terms of days. In Jer 32:14, documents
are to be put in an earthenware jar so that they “will last many days” ‫יעמדו ימים רבים‬. In
Deut 10:10, Moses says, “I remained on the mountain like the first days, that is, forty
days” ‫עמדתי בהר כימים הראשנים ארבעים יום‬. For ‫ עמד‬meaning “to remain, endure,” see also
Gen 45:9; Isa 66:22; Ezek 22:14; Ps 19:10; 102:27; 111:3, 10; 112:3, 9. (3) The phrase
‫“ כי כספו הוא‬because he is his silver” does not make sense in this interpretation. If the
slave were able to stand, then the situation would be like v. 19, which deals with a free
person. Therefore, the reason for exoneration should have nothing to do with slave
ownership, but with the break in the chain of definitive causality between beating and
death. (The death of the slave after his “enduring a day or two” must be assumed for
the law to make sense when it says that there is no vengeance, just as in the case of v.
19; Schwienhorst-Schönberger and Chirichigno rightly say that he dies; Rothenbusch,
Rechtssammlung, 302, says that he lives.) (4) The requirement that the slave stand
within two days does not make sense against vv. 18–19. This places more stringency
on the slave’s situation than that of a free person in v. 19, which prescribes no time
limit. (5) This interpretation further suggests problematically that there is some liabil-
ity when the slave stays incapacitated for three or more days and then stands. The law
would thus not cleanly define the boundary and nature of liability. See further Jackson,
Wisdom-Laws, 242 n. 8.
72. Cardellini, Sklaven-Gesetze, 259, 262 (note the table), 265–266; Chirichigno,
Debt-Slavery, 146, 178.
73. Some observe that in the Near East, owners do not have the right to kill their
own chattel-slaves (Heinisch, “Sklavenrecht,” 206; Neumann, “Bemerkungen zur
Freilassung von Sklaven,” 224–225).
74. The most reasonable interpretation of this phrase is to take the ‫ הוא‬pronoun to
refer to the slave and the suffix pronoun on ‫ כסף‬to refer to the owner. See Schwienhorst-
Schönberger’s unique interpretation of the phrase in n. 70. Westbrook (Studies, 89–100)
takes the phrase to mean “it (i.e., the revenge) is his money (i.e., the debt).” Jackson
(Wisdom-Laws, 244–245) says the phrase is an addition by a late hand who misinter-
preted vv. 20–21 as referring to chattel slaves.
75. For various views about what slaves are intended here and in vv. 26–27 and 32,
see n. 78.
76. Schwienhorst-Schönberger, Bundesbuch, 75.
77. Jackson has responded to my argument (Wisdom-Laws, 240–241, n. 4; see
Wright, “Compositional Logic,” 135). He believes that it is easier to consider the slave
in v. 32 just a chattel-slave.
78. Houtman (Exodus, 3:156, 181; Bundesbuch, 175) allows for both types of slaves
in vv. 20–21, 26–27, 32. Jackson (Wisdom-Laws, 248 n. 46) says that the laws would
not include both debt- and chattel-slaves together, given the wide differences in their
general phenomenology. This is true if the laws reflect real practice, Jackson’s general
view. But if the laws are idealistic and academic, social reality need not be reflected.
Most conclude that vv. 20–21 and 26–27 concern debt-slaves and that v. 32 concerns
chattel-slaves (Cardellini, Sklaven-Gesetze, 258–268, 343–347; Jackson, Wisdom-
Laws, 168–169, 249, cf. 244–245; Rothenbusch, Rechtssammlung, 298, 302 n. 331,
323–324, 334; Schwienhorst-Schönberger, Bundesbuch, 62, 66–67, 68–70, 74–77).
Chirichigno (Debt-Slavery, 145–185, with a critique of Cardellini on pp. 178–182)
says that the slaves in vv. 20–21, 26–27, 32 are chattel-slaves. One of Chirichigno’s
objections (p. 181) to Cardellini’s view is its inability to explain why debt-slaves
would be discussed in different ways in two different sections of CC (i.e., 21:2–7 and
then 21:20–21, 26–27, 32). Rothenbusch explains the difference between the descrip-
tion of slaves in v. 32 versus vv. 20–21, 26–27 by concluding that vv. 28–32 and vv.
18–27 come from independent traditions. The source analysis of this study makes
this explanation impossible. The apparent difference in slaves v. 32 versus vv. 20–21,
26–27 is due to CC’s making fewer modifications to the source law of v. 32 (LH 252;
see chapter 8).
79. Deut 5:15; 15:15; 16:12; 24:18; 24:22; cf. 6:12, 21; 8:14; 13:6, 11, and see chapter
13, n. 19.
80. Given these several considerations, one cannot simply claim that CC’s laws
are an ethical improvement over Mesopotamian law and custom. For example, Paul
(Studies, 69) says of vv. 20–21: “This law is without precedent in all other ancient Near
Eastern collections, where the case of a slave being killed by his mater is never men-
tioned. The biblical law introduces a new evaluation of the intrinsic worth of a slave,
i.e., he is considered a human being in his own right. There is a concern here for the
interest and protection of the slave as a person; hence, he is not treated merely as chat-
tel of value solely to his master.” Jackson (Wisdom-Laws, 252–253) warns against such
interpretations of CC’s laws.
81. For this meaning for the root, see the study by Chirichigno, Debt-Slavery, 148–
169. For other analyses, see Bovati, Justice, 55–59; Fensham, “Nicht-haftbar-sein,”
24–25; Otto, Körperverletzungen, 126–127 n. 1; Peels, Vengeance of God (summary
265–267); Schwienhorst-Schönberger, Bundesbuch, 70–74 (and 60, 66); Sprinkle,
Book, 100–101. The vast majority of cases of the root ‫ נקם‬clearly refer to the death
of the person suffering vengeance. Proverbs warns an individual about committing
adultery, since the aggrieved husband will not accept a ransom or bribe but “will not
spare on the day of vengeance” (6:32–35). Elisha is told to anoint Jehu and tell him that
he is to destroy Ahab’s dynasty. Thus the deity “will take vengeance for the blood of
my servants the prophets and the blood of all the servants of Yahweh from the hand
of Jezebel” (2 Kings 9:7). Though Cain is only exiled for killing his brother, “any-
one who kills Cain will suffer vengeance sevenfold” (Gen 4:15), probably referring to
executing seven members of the assailant’s household, similar to the execution of seven
descendants of Saul for their ancestor’s killing treaty-protected Gibeonites (2 Sam 21).
Lamech poetically glories that vengeance on one who kills him will be eleven times
Cain’s tally (4:24). Samson takes violent and lethal revenge on the Philistines for killing
his former wife and father-in-law (Judg 15:6–8) or for their blinding (and imprisoning)
him (16:28). The murder of Ish-bosheth was presumably to provide David vengeance
against the former king Saul (2 Sam 4:8). The root ‫ נקם‬is used in other personal, mili-
tary, theological, national, international, and even eschatological contexts referring to
violent and lethal reprisal (Lev 26:25; Num 31:2–3; Deut 32:35, 41, 43; Josh 10:13; Judg
11:36; 1 Sam 14:24; 18:25; 24:13; 2 Sam 22:48 = Ps 18:48; Isa 1:24; 34:8; 47:3; 59:7; 61:2;
63:4; Jer 5:9, 29; 9:8; 11:20; 46:10; 50:15, 28; 51:6, 11, 36; Ezek 24:8; 25:12, 14, 15, 17;
Mic 5:14; Nah 1:2; Ps 58:11; 79:10; 94:1; 99:8; 149:7). While some instances of the verb
lack details about the lethality involved (Lev 19:18 [but cf. Nah 1:2]; Jer 15:15; 20:10, 12;
Ps 8:3; 44:17; Lam 3:60), none of the attestations clearly means just “punish” and none
refers to a monetary penalty.
82. Compare Houtman, Exodus, 3:157–159.
83. So Schwienhorst-Schönberger, Bundesbuch, 71–74; Westbrook, “Biblical
and Cuneiform Law,” 91, 99. Rothenbusch (Rechtssammlung, 297, 319) and Jackson
(Wisdom-Laws, 246–247) reject this interpretation. Houtman (“Eine schwangere Frau,”
389, 392) argues for vicarious talion in 21:23–25 (i.e., the wife of the one causing the
injury is to suffer the punishment; see later on miscarriage).
84. Lev 19:18aα (‫ )לא תקם ולא תטר את בני עמך‬would appear to give primary sup-
port to this thesis. Westbrook (Studies, 98–99) after arguing for a redefinition of the
verb ‫ נטר‬translates it: “Do not take vicarious revenge; do not slaughter the sons of your
people.” Milgrom (Leviticus 17–22, 1651) rejects this because “it is incongruous with
the sensitively nuanced ethical prescriptions that dominate chap. 19. Furthermore, it is
difficult to conceive that the priestly legist would say that one of the rungs of the ladder
of holiness is refraining from embarking on a murderous rampage.” Milgrom (p. 1594)
translates vv. 17–18: “You shall not hate your brother (Israelite) in your heart. Reprove
your fellow openly so that you will not bear punishment because of him. Rather, you
shall not take revenge or nurse a grudge against members of your people. You shall love
your fellow as yourself: I YHWH (have spoken).” The context of the verses is hatred,
not vicarious vengeance.
85. So also the view of Finkelstein, Ox, 32–35. Yaron (“Evolution,” 83) notes that
the notion of individual responsibility is not new with the Bible and refers to a pas-
sage in the edict of Telipinu: “So now, if some prince sins, he shall pay with (his) own
head while you shall not commit evil against his house and his son” (Proclamation of
Telipinu §32; translation from COS 1:197).
86. Rothenbusch (Rechtssammlung, 297 n. 315), in arguing against an interpreta-
tion of vicarious punishment, notes that if ‫ נקם‬referred specifically to vicarious punish-
ment, v. 21 would not make sense because it would seem to allow for a penalty other
than vicarious punishment to be imposed.
87. Jackson (Wisdom-Laws, 248) says that ‫ נקם‬refers to vengeance but that a mon-
etary ransom could be paid according to his interpretation of capital punishment
requirements in CC. But he says this option obtains even in cases that prescribe capital
punishment explicitly.
88. Presumably chattel-slaves would be foreigners and would have been acquired
by purchase on the slave market, capture in war, kidnapping, sale of minors, or the
sale of oneself apart from the context of debt-slavery. Sale and capture would be legal
mechanisms that would allow permanent enslavement. Thus there is no contradiction
between the treatment of the (foreign) immigrant and foreign chattel-slaves. For CC,
their etiologies may determine and justify their distinct treatment despite their legal
conflation otherwise. See Houtman, Exodus, 3:112–113; Matthews, “Anthropology of
Slavery,” 121–124; Marshall, Israel, 115; Mendelsohn, “Slavery,” 1–33; van der Ploeg,
“Slavery,” 78; Pressler, “Wives and Daughters,” 150–151.
89. Cf. Rothenbusch, Rechtssammlung, 298. It is not clear if CC contemplates a sys-
tem of legal administration that would take responsibility for prosecuting the punish-
ment. The “you” in the phrase “you shall take him from the altar to die” in the homicide
law (v. 14) does not necessarily refer to such an administrative body. Neither does the
“you” in the talion law (v. 23b; see the discussion later). These second-person forms
refer to the audience of the law collection in general, as do the second-person forms in
the apodictic laws.
90. On intentionality in the laws, see Rothenbusch, Rechtssammlung, 227–232;
Schenker, “Die Analyse der Intentionalität im Bundesbuch”; Versöhnung und
Widerstand.
91. Time of death, in a different sense, is a criterion for judging culpability in the
case of killing a burglar (22:1–2a).
92. See the discussion of the root in CAD A/2 422–424.
93. Rofé (“Family and Sex,” 134–135) says that “this law [21:22–25] constitutes an
alien element in its present context . . . where it stands between two similarly-formulated
injunctions concerning the beating of slaves (21:20–21; 21:26–27).” The evidence of
CC’s source now solves the problem that troubled Rofé.
94. Those who recognize the similarity of the texts include Cazelles, Études, 152;
Chirichigno, Debt-Slavery, 193; Jackson, Wisdom-Laws, 209 n. 1; Paul, Studies, 70–73;
Rothenbusch, Rechtssammlung, 312–317; Schwienhorst-Schönberger, Bundesbuch,
96–98. For comparative discussion, see Lafont, Femmes, 345–382.
95. See originally Jackson, “Problem”; updated in his recent Wisdom-Laws, 209–
239 (with a similar view, see also Cardascia, “La place du talion dans l’histoire du
droit pénal,” 171; House, “Miscarriage or Premature Birth”; Weingreen, “Concepts of
Retaliation”). For a critique of Jackson’s original paper, see Loewenstamm, “Exodus
XXI 22–25.” Schwienhorst-Schönberger (Bundesbuch, 94–96; “Auge um Auge,” 164)
notes that early birth where the baby survived in antiquity would have to be close to
term and therefore doubts that this was punishable. He also notes that Near Eastern laws
are generally concerned with the death of the baby (see later). For another argument
against the interpretation of premature birth, see Sprinkle, “Interpretation,” 248–251.
The Greek’s rendering is somewhat similar to Jackson’s in that it understands ‫ אסון‬to
refer to the child’s state of development. In v. 22, “there is no ‫ ”אסון‬is interpreted “if her
child (is) amorphous” (τ
παιδον ατς μ ξεικονισμνον), whereas in v. 23, “if there
is ‫ ”אסון‬is taken to mean “but if it is completely formed” (ν δ ξεικονισμνον ν; see
Isser, “Two Traditions”). The latter verse refers to the stillbirth of a full-term child; the
mother has not died. Targum Onkelos and Pseudo-Jonathan translate ‫ אסון‬with “death”
(‫)מותא‬, and Neofiti translates it as “accident” (‫)סק]ו[ל‬. The Vulgate reflects a meaning
consistent with LH.
96. Other Near Eastern miscarriage laws support this understanding of the basic
laws of CC. These speak of the death of the child and then the mother. For comparison,
see Otto, Körperverletzungen, 25–117; “Town,” 7–14; Rothenbusch, Rechtssammlung,
303–307. LLI d-e read: “I[f] . . . [strik]es a ma[n’s] daughter and causes [her to lose]
her fetu[s], he [shall weigh out] 1/2 mana [of silver]. I[f sh]e dies, that man shall [be
ki]lled.” (For the text with some variations in reading, see Roth, Collections, 26–27;
Rothenbusch, Rechtssammlung, 303 [following Otto, Körperverletzungen, 46–50].)
The case of a slave woman follows in law f, but is abbreviated, dealing only with the
child’s death. The first half of MAL A 50 reads: “[If a man s]trikes [the wife of a man
and causes] her [to lose her fetus . . . the wif]e of a man [ . . . as he treated her they shall
treat him. For her fetus he shall provide life recompense. If that woman dies, they shall
kill the man. For her fetus he shall provide life recompense.” (The last half of the law
treats a case where the husband has no other son. For the text of the relevant MAL
laws, see Roth, Collections, 173–174; Rothenbusch, Rechtssammlung, 305–306.) MAL
A 53 deals with self-abortion broken down into two similar cases: “If a woman causes
her own abortion . . . they shall impale her on wood spikes and not bury her; if she dies
when causing her abortion, they shall not bury her. . . . ” Other miscarriage laws in MAL
A (i.e., 21, 51–52) and also HtL 17–18 deal only with the loss of the fetus. These cor-
respond to the first case found in Hammurabi’s and CC’s laws. SLEx 1–2 deal with dif-
ferent degrees of contact, which relate to intention: “If he jostles the daughter of a man
and causes her to miscarry her fetus, he shall weigh and deliver 10 shekels of silver. If
he strikes the daughter of a man and causes her to miscarry her fetus, he shall weigh
and deliver 20 shekels of silver” (Roth’s translation, Collections, 43; cf. Rothenbusch,
Rechtssammlung, 304). It is doubtful that ‫ אסון‬should be taken to mean “intent.”
97. Westbrook “Lex Talionis”; Studies 69–70, 80. Berlin (“Meaning of pll”) essen-
tially accepts Westbrook’s interpretation, which influences her interpretation of ‫בפללים‬,
and Lafont (“Ancient Near Eastern Laws,” 114; cf. Femmes, 375) says “Westbrook’s
theory is very convincing.” For critique of Westbrook, see Jackson, Wisdom-Laws,
214, 224–225, 228–229; Rothenbusch, Rechtssammlung, 292–293, 294; Schwienhorst-
Schönberger, Bundesbuch, 107–109 (but note the nuance on p. 126); Sprinkle,
“Interpretation,” 244–246.
98. The term also appears in Sirach 31:22; 34:22; 38:18; 41:9. These instances can
be rendered “catastrophic/unexpected death.”
99. Houtman, Exodus, 3:168 (“fatal accident”); Osumi, “Brandmal,” 15;
Kompositionsgeschichte, 113–114 (death of the mother); Otto, Körperverletzungen, 119
(“Todesfolge”). See n 100.
100. Because of the context of vv. 24–25, a number of scholars broaden the mean-
ing of ‫ אסון‬to mean serious injury. Schwienhorst-Schönberger (Bundesbuch, 89–93,
117–119) says that it is a broad type of calamity (“Unglück”) that can include death
but is not limited to this. Rothenbusch (Rechtssammlung, 295, cf. 286–295) says that
‫ אסון‬either refers to just the death of the woman (in which case the core of the original
miscarriage law would be vv. 22–23a, whose final apodosis was later replaced with the
talion formula in v. 23b) or more broadly to a serious injury (“schwerer Schaden,” p.
222) up to and including death (in this case, the whole of v. 23 is secondary, along with
the talion law, on the assumption that an original law, following Near Eastern paral-
lels, would have described only the death of the woman, not her injury). Differently,
Sprinkle (Book, 92–93; “Interpretation,” 245–246) argues that the word is cognate with
Akkadian asûm and has a medical meaning of “injury requiring attention of a physi-
cian, serious injury.”
101. Collins (“Notes on the Text”) emends ‫“ לא‬not” in v. 22 to ‫“ לו‬to him,” referring
to the child. She finds the wording of v. 22 difficult because “the person who is harmed
must be identified as ‘not the-person-who-has-not-suffered-harm’ ” (p. 293).
102. So Jepsen, Untersuchungen, 35 n. 2; Rothenbusch, Rechtssammlung, 286–287,
n. 268 (end).
103. Crüsemann, Torah, 160; Schenker, “Drei Mosaiksteinchen,” 374–378;
Versöhnung und Widerstand, 41–51; Recht und Kult 97–101. For Schenker, v. 22 deals
with an internal injury (to the woman) and vv. 23–25 with external physical injuries.
Talion (which he understands to be literally performed according to vv. 23b–25) is not
possible in the first case. Both vv. 22 and 23 talk about permanent injuries. For critique,
see Houtman, Exodus, 3:170.
104. Schwienhorst-Schönberger, Bundesbuch, 97–98; “Auge um Auge,” 164–165.
For discussion of various views about the phrase, see Jackson, Wisdom-Laws, 215–261
n. 22.
105. Cardascia (“Le charactère volontaire,” 180–181), in contrast, says that it is not
clear that LH 210 refers to a case of intentional striking.
106. So Schwienhorst-Schönberger, Bundesbuch, 102, 109–116); Sprinkle,
“Interpretation,” 236–237; Weingreen, “Concepts of Retaliation,” 4–5; cf. H.-W.
Jüngling, “Auge für Auge,” 30. Paul (Studies, 67–68) views it as intentional. It is tempt-
ing to see in the biblical miscarriage law a case of reckless-direct homicide, to be added
to the four categories of assault summarized at the end of the next section of this chap-
ter on talion, perhaps a level above negligent-indirect homicide. What appears to set
the biblical miscarriage law apart from simple accidental homicide is that the men are
involved in an activity that is violent in nature and thus liable to cause injury to bystand-
ers. Therefore, they have greater liability than in normal cases of inadvertent homicide.
Nevertheless, the fatality in the miscarriage law accords with the basic criterion of
inadvertence described in vv. 12–14. Furthermore, cases where inadvertent homicide is
likely to occur are similarly dangerous situations. For example, to exemplify inadver-
tent homicide, Deut 19:5 describes a case where a man “goes with his neighbor into the
forest to chop wood and his hand wields the axe to cut the wood and the head slips off
from the shaft and hits his neighbor and he dies.” Fuller (“Exodus 21:22–23,” 175, 180)
believes the miscarriage law involves unintentional negligent homicide.
107. So Houtman, Exodus, 3:168; Otto, Körperverletzungen, 124.
108. The datum of a fight in v. 22 by itself might lead one to conclude that the law
involves more than inadvertence (see n. 106). Rather than indicating responsibility,
the fighting may be a way of portraying inadvertence over against its source of LH
209–210. In other words, CC’s law cannot be read in a vacuum but must involve consid-
eration of its source. On fighting in laws, see Ziskind, “When Two Men Fight.”
109. Otto (Körperverletzungen, 130; cf. “Town,” 17) sees the fighting in vv. 18 and
22 as parallel and, in fact, sees the two verses as part of the most original part of the
bodily assault laws, vv. 18–19, 22 (see pp. 134–135).
110. This is the same term used once for the action of a goring ox (21:35; other-
wise, the verb is ‫)נגח‬. Contrary to Daube (Studies, 107–108), this verb does not indi-
cate an attack that is necessarily hostile or deliberate. See Schwienhorst-Schönberger,
Bundesbuch, 113–114 n. 170.
111. Schwienhorst-Schönberger (Bundesbuch, 112–114) argues that the woman is
the wife of one of the men as part of an argument against the claim that the miscarriage
law is purely a literary tradition (e.g., Finkelstein, Ox, 19 n. 11). For a recent study of
the Deuteronomy law, see P. E. Wilson, “Deuteronomy XXV 11–12.” If MAL A has
been influential on CC and if the author(s) of CC created a side-collection of family
law that included a version of MAL A 8 later taken up in Deut 25:11–12 (see chapter 4),
then MAL A 8 may have had some sort of background influence on Exod 21:22. This
would complement the similar explanation proposed in chapter 4 for the relationship of
the laws on rape (Deut 22:28–29) and seduction (Exod 22:15–16), which reflect MAL
A 55–56.
112. Schwienhorst-Schönberger, Bundesbuch, 110–111 sets out the basic difference:
“‫ ריב‬bezeichnet hier ein Streiten, aus dem heraus eine handgreifliche Auseinander-s[e]
tzung (‫ )נכה‬erwachsen kann (Ex 21:18), aber nich erwachsen muß. ‫( נצה‬Nif.) hingegen
bezeichnet ein Streiten, bei dem geschlagen (‫ )נכה‬wird. Es meint eine handgreifliche
Auseinandersetzung, eine Schlägerei, bei der es zum Totschlag kommen kann (2 Sam
14,6).” For ‫נצה‬, see Exod 2:13; Lev 24:10; Deut 25:11; 2 Sam 14:6. See also Jackson,
Wisdom-Laws, 180 n. 38. We can add that ‫ ריב‬in 21:18 does not refer to a confrontation
in a judicial setting, but an extrajudicial argument that escalates into the fight.
113. So Schwienhorst-Schönberger, Bundesbuch, 111. For him, the two verbs are not
evidence of two redactors. A formal difference between the verbs is the nun-paragog-
icum in v. 18 versus its lack in v. 22. Dohmen, Bilderverbot, 163–168, does not see this
as a decisive indication of separate authorship. See chapter 12, n. 24.
114. Rothenbusch (Rechtssammlung, 293) says that the description of fighting in
v. 22 may be secondary. If one compresses the chronology of composition, he is right:
after conceiving the law in relationship to LH 209–210, CC expanded the context
from LH 206 (and v. 18). Loewenstamm (“Exodus XXI 22–25,” 357) argues that the
inconsistency of number in v. 22 is due to conflating two originally separate laws,
one on talion (plural formulation) and one on miscarriage (singular formulation). For
critique of Lowenstamm, see Jackson, Wisdom-Laws, 211–214. Jackson’s own view
(Wisdom-Laws, 220–221) is that the verb of punishment was originally plural and that
both men were responsible for the child’s birth or injury. Later, a Deuteronomic edi-
tor changed it to a singular because of an interest in individual responsibility. Collins
(“Notes on the Text,” 296–299, 301) emends to the awkward and unlikely ‘[ō]neš
ba’ăšer yē‘ānēš “a fine on-whoever will be punished (the husband of the woman will
assign on him).”
115. For Otto, the lack of the inclusion of slaves in the talion laws becomes a deci-
sive sign that the biblical miscarriage law (originally just 21:22 in his view) is not
based on cuneiform tradition. He says (“Town,” 16): “Exod. 21:22–23 also knows of
no distinction between laws concerning the free woman and those concerning the
slave, although this distinction is one of the main characteristics of the cuneiform
laws. . . . there is no reason why such a distinction should be suppressed by the redac-
tor of the collection of injury-laws in Exod. 21.18–32” (cf. Otto, Körperverletzungen,
125–126). The LH source thesis of this study explains this gap in CC. CC selectively
used LH and did not seek to replicate every legal detail of LH. After the talion law,
CC did in fact move on to slaves, but in the context of talion (vv. 26–27, based on LH
198, 199, 201). See later.
116. E.g., one hundred shekels, imposed on a man who falsely accuses his wife
of not being a virgin (Deut 22:19), one hundred talents of silver and a talent of gold,
imposed by Pharaoh Neco (2 Kings 23:33; 2 Chron 36:3), and income that the elites
collect to buy wine (Amos 2:8). In Proverbs, the verb and noun have a more general
meaning of “punish” or “punishment” (Prov 17:26; 19:19; 21:11; 22:3; 27:12).
117. Speiser, “The Stem PLL” (critiqued by Jackson, Wisdom-Laws, 223–224). For
others who follow an interpretation “by assessment/reckoning,” see Houtman, “Eine
schwangere Frau,” 387; Exodus, 3:163. See the making of a reckoning or judgment
(‫ )פלילה‬in Isa 16:3.
118. For the singular noun with this meaning, see in Ps 58:9; Job 3:16; Qoh 6:3.
119. For the interpretation “by mediation/mediators,” see Bovati, Justice, 175–176;
Niehr, Rechtsprechung, 57–58; Rothenbusch, Rechtssammlung, 276–277; Schwienhorst-
Schönberger, Bundesbuch, 122. Jackson (Wisdom-Laws, 222–223, 396) says it refers to
formal adjudication (note the mediation of Phineas in Ps 106:30 described by the D-stem
verb and, phenomenologically, the mediation of elders in Deut 22:19). Other interpreta-
tions have been suggested: “before witnesses” (Otto, Körperverletzungen, 119–121);
“as/being the culpable party” (Berlin, “Meaning of pll,” 347, cf. 346; she follows
Westbrook’s understanding of ‫ אסון‬and interprets the root ‫ פלל‬to mean “be accountable,
responsible, liable”). See further discussion at Houtman, Exodus, 3:162–163; Jackson,
Wisdom-Laws, 222–227; Liedke, Gestalt, 44–45; Sprinkle, “Interpretation,” 246–248.
Gerstenberger (“‫ פלל‬pll,” 574) will only go so far as to say that the term “might have a
juridical sense.”
120. Rothenbusch (Rechtssammlung, 317) notes the similarities of the laws and
says: “Neben den auffälligen inhaltlichen Parallelen machen die skizzierten komplexen
Übereinstimmungen von Ex 21,18–27 und KH § 196–214 einen überlieferungsgeschicht-
lichen Zusammenhang beider Traditionen m.E. jedenfalls in hohem Maß wahrschein-
lich. Das wird sich im folgenden, insbesondere an Ex 21,28–32, weiter bestätigen.” He
also notes (pp. 302, 312, 316, 317) that only LH and HtL have both laws on blinding/
knocking out a tooth and miscarriage in relatively close association. Several scholars
observe that the law of talion is unique to LH in cuneiform collections (Chirichigno,
Debt-Slavery, 194; Lambert, “Interchange of Ideas”; Rothenbusch, Rechtssammlung,
278; it is found in the Roman Twelve Tables 8.2; see Jüngling, “Auge für Auge,” 2–4).
For the talion laws in an Amorite theory, see chapter 1, n. 69. The derivation of the
talion law from LH 196–201 precludes a thesis that the laws come from Israel’s nomadic
past (as claimed by Wagner, Rechtssätze, 14). Sarna (Exodus, 126) says that the “talion
list is a citation from some extrabiblical compendium of laws.”
121. For the meaning of the Hebrew terms ‫חבורה‬, ‫פצע‬, and ‫כויה‬, see Houtman,
Exodus, 3:170–171; Kugelmass, “Lex Talionis,” 154–161; Osumi, “Brandmal,” 16–18.
The injuries in v. 25 are qualitatively different than those in v. 24 and are not listed
in the later reiterations of the talion law in Deut 19:21 (‫נפש‬, ‫עין‬, ‫שן‬, ‫יד‬, ‫ )רגל‬and Lev
24:18, 20 (‫נפש‬, ‫שבר‬, ‫עין‬, ‫)שן‬. Therefore, many see at least v. 25 as secondary. The
laws in Deuteronomy and Leviticus, however, may be focusing on injuries that are
grave or permanent (see the prohibition against showing compassion in Deut 19:21
and where “arm” and “leg” appear to refer to amputations [cf. Deut 25:12]; note the
concern about a “irremediable defect” ‫ מום‬in Lev 24:19–20). Thus they left the lighter
and possibly curable injuries in v. 25 out of their lists. The inclusion of ‫ שבר‬in Lev 24
is consistent with the verb šebērum in LH 197–199 for bone breakage, but we should
probably not think that this text had access to LH for its term; it is merely a coinciden-
tal realization of the intent of “hand” and “leg” in CC (Daube, Studies, 113; cf. Otto
“Die Geschichte der Talion,” 106). Leviticus is probably viewing this as breakage that
results in a permanent disability. See the section of this chapter later on the unity of
CC’s passage.
122. ‫ פצע‬and ‫ חבורה‬occur together as a word pair in Gen 4:23; Isa 1:6; Prov 20:30
(Jackson, Wisdom-Laws, 207–208 n. 189; Osumi, “Brandmal,” 17–24; Westbrook,
Studies, 40). Akkadian simmum could therefore have easily generated the use of both
of these terms together. Schwienhorst-Schönberger (Bundesbuch, 119, 237–238) says
that v. 25 is from the hand of a redactor that is tying CC to the Pentateuchal narrative
(Gen 4:23).
123. This is parallel to opening up the skull at the temple (LH 215–220) and there-
fore is a surgical procedure.
124. See Osumi, “Brandmal,” 24–25. Osumi imagines that the “burn for the burn”
is performed by using hot iron or coals and pertains to a slave. Thus v. 25 is tied to the
context of slaves that follows in vv. 26–27 (see also Osumi, Kompositionsgeschichte,
117). He also sees ‫ פצע‬and ‫ חבורה‬as possible punishments that may be performed on
recalcitrant children or on slaves. Carmichael (Origins, 119–129; Spirit, 107) sees the
list of injuries being performed at the same time to mutilate a corpse. The passage, he
says, echoes the story of Tamar, who was to be burned as a punishment, in Genesis 38.
These views read much more into the legal context than is there.
125. So Schwienhorst-Schönberger, Bundesbuch, 76, for the order of head to foot.
126. For Jackson (Wisdom-Laws, 194, cf. 207), the talion laws are not expressly con-
cerned with intent. According to his interpretation of the laws being applied in a context
of self-help, literal talion or the possibility of paying a “ransom” would be worked out
on an ad hoc basis. His interpretation depends on dissociating the talion law from its
presumed secondary context of miscarriage.
127. Deut 19:21 apparently and Lev 24:17–22 clearly take the talion laws liter-
ally (though Lev 24:18, 21 use the ‫ נפש תחת נפש‬formula of animals to refer to their
replacement).
128. Schwienhorst-Schönberger (Bundesbuch, 75, 101; “Auge um Auge,” 166–167)
also makes this argument about the verb (cf. Doron, “A New Look,” 24, 26; Sprinkle,
Book, 94; “Interpretation,” 237–240; Weingreen, “Concepts of Retaliation,” 5–6).
Schwienhorst-Schönberger notes the use of the verb ‫ שלם‬in the ox law of 21:36–37,
which clearly refers to payment and which uses ‫ תחת‬replacement formula found in the
talion laws. The reason the talion law does not use the verb ‫ שלם‬is that this verb in the
ox law refers to replacing the lost animal with another animal, whereas ‫ נתן‬in the talion
laws means to pay the equivalent. Rothenbusch (Rechtssammlung, 284) believes that
the talion laws would have been carried out by the payment of material compensation.
He finds little evidence that literal talion was routinely performed (cf. pp. 278–284,
291, 300). Several, however, take the talion law to require literal capital or bodily pun-
ishment. Crüsemann (“Auge,” 413–15, 419; Torah, 148–149; cf. Osumi, “Brandmal,”
3–4) does and argues that CC’s law corrects an earlier practice of paying a fixed sum
for injuries, has a social justice function of protecting the poor from demand of pay-
ment, and guards against the rich getting off with a payment that is easy to pay. Osumi
(“Brandmal,” 6) says that as written, it intends literal talion but could have been actual-
ized by payment. Brin (“Development,” 60 and n. 2) says that the plain meaning of giv-
ing a life for life can only mean the death penalty; hence the law in 21:23b contradicts
21:13, which says that there is no death penalty for inadvertent homicide. Loewenstamm
(“Exodus XXI 22–25”) argues that since v. 23 does not prescribe the payment of the
fine for killing the child as in v. 22, “life for life” must mean the death penalty. This
might be true unless “giving life for life” includes payment for the child as well as the
mother. Loewenstamm also claims that the shift from third to second person indicates
a grave penalty, i.e., capital punishment. This is to be explained differently (see later).
Finkelstein (Ox, 258) says that the requirement of literal talion in Exod 21:24–25 char-
acterizes the injury as a crime, not a tort.
For those who say that CC’s talion law should be understood literally, the wording of
1 Kings 20:39 is decisive: “your life will be for his life, or you shall weigh out a talent
of silver” (‫)והיתה נפשך תחת נפשו או ככר כסף תשקול‬. But observe that this passage does not
use the verb ‫ נתן‬or CC’s broader idiom. The verb is also missing in 2 Kings 10:24 (‫האיש‬
‫“ אשר ימלט מן האנשים אשר אני מביא על ידיכם נפשו תחת נפשו‬the person that escapes from the
people that I am putting into your power, his life will be for his life”; note also the use
of pronominal suffixes in these cases). The wording “you shall give life for life” is actu-
ally an awkward way of describing a punishment for a perpetrator; if taken literally,
nothing indicates that he should give his own life (cf. Isa 43:3–4; see n. 133). Jackson
(Wisdom-Laws, 193, 198–199, 232) says that passages such as 1 Kings 20:39 point to
literal talion but says (p. 233) they are ultimately not decisive, and concludes (pp. 211,
233–234) that the original miscarriage law “life for life” referred to giving a person as
a substitute. Otto (Körperverletzungen, 122–123, 135, 137; cf. “Town,” 16) has a mixed
view: “life for life” in v. 23b refers to capital punishment, even for inadvertent homi-
cide, whereas the list in vv. 24–25, which is an addition, refers to equivalent payments.
Houtman (“Eine schwangere Frau,” 389, 392) uniquely suggests that “life for life” in v.
23b means that the household of the person who caused the death is to suffer similarly
and thus refers to vicarious punishment (e.g., the death of a woman from the household
of the assailant). On talion laws generally, see Barmash, Homicide, 153–177.
129. Compare LH 101, 106–107, 112–113, 120–121, 124–126, 138–140, 217, 221–
225, 228, 234, 238, 239, 242–243, 247, 248, 251–252 [// Exod 21:29, 32], 258–261, 264,
267, 271, 273–274, 276–278. Schwienhorst-Schönberger (Bundesbuch, 102) compares
the broader Akkadian idiom of X (object) kīma X + nadānum (“giving X in place of
X”), which agrees with the Hebrew idiom.
130. Cardascia (Les Lois Assyriennes, 240 and note c) translates “pour le fruit de
son sein il compensera vie (pour vie)” and notes that the plural napšāte “a le sens
abstrait de ‘vie.’ ” For the meaning of the penalty in the Akkadian laws, see Cardascia,
pp. 242, 244; Driver, Assyrian Laws, 111–112.
131. For those who see a similarity in MAL’s miscarriage laws and CC in regard
to the motif of talion, see Jackson, Wisdom-Laws, 211, 231–232; Jüngling, “Auge für
Auge,” 17–19, 37; Wells, “Covenant Code,” 18. MAL A 21, 51, 53 also deal with miscar-
riage or abortion but do not incorporate talion conceptions (for translation and notes
on MAL A 21, 50–53, see Otto, Körperverletzung, 79–95; “Körperverletzung oder
Verletzung von Besitzrechten?” 159–161; “Town,” 7–14).
132. Cazelles, Études, 152; Wells, “Covenant Code,” 18.
133. Josh 2:14; 1 Kings 20:39, 42; 2 Kings 10:24; Isa 43:3, 4 (cf. Job 16:4). For
the relation of 1 Kings 20:39 and 2 Kings 10:24 to Exodus 21:23, see Schwienhorst-
Schönberger, Bundesbuch, 99–100 and see n. 128. The wording of Isa 43:3–4 is close
to Exod 21:23b in using the verb ‫“ נתן‬to give” with ‫“ תחת נפש‬in the place of life”: ‫נתתי‬
‫ ואתן אדם תחתיך ולאמים תחת נפשך‬. . . ‫“ כפרך מצרים כוש וסבא תחתיך‬I have given as your ransom
Egypt, Ethiopia, and Seba in exchange for you. . . . I have given a people in exchange for
you and nations in exchange for your life.” This is not in a context of capital punish-
ment, but ransom. The nations/peoples being given replace Israel as either captives or
objects of punishment.
134. Gen 44:4; 1 Sam 25:21; 2 Sam 16:12; Jer 18:20; Ps 35:12; 38:21; 109:5; Prov
17:13 (cf. 1 Sam 24:20).
135. Jackson (Wisdom-Laws, 189–190, 196) notes that talion plays a role in various
texts in the Bible (see examples there; cf. Judg 1:7; 15:10–11; Prov 24:29; see also Nel,
“Talion Principle”; Westbrook, Studies, 45–46). That ancient Israel had a notion of
measure-for-measure punishment or retribution does not demonstrate, however, that
CC’s talion law does not depend on LH. It merely points to the confluence of the native
traditional views with a specific foreign literary stimulus. In fact, it may be argued that
it is just this specific confluence that was a factor in the creation of CC’s general rule
of talion (see later).
136. Those who see vv. 23b–25 as a general law include Barmash, Homicide, 158–
159; Childs, Exodus, 471–472 (he says that all of vv. 23–25 is a general law and that
v. 23a does not deal with miscarriage but is associated with v. 22 by the catchword
‫ ;)אסון‬Otto, Rechtsgeschichte, 179 (vv. 23b–25 have a formulation that is developed
beyond what one finds in Old Babylonian law); Rothenbusch, Rechtssammlung, 278,
285, 293–294, 296, 300, 405 (he also sees 21:37–22:3 and 22:8 as general rules and notes
distinctiveness of these rules against the cuneiform material [p. 397]); Sarna, Exodus,
126 (“the list is actually a general statement of legal policy”). Sprinkle (“Interpretation
of Exodus 21:22–25,” 239, 251; Book, 95) sees the second person in 22:23 as a “person-
alization,” i.e., Israel addressed through the individual. Loewenstamm (“Exodus XXI
22–25,” 359; Comparative Studies, 524) sees a rhetorical thrust in moving from third
person to second person, impersonal to personal. Osumi (“Brandmal,” 14–15) says that
the second person has the function of recalling the capital punishment principle in v. 12.
Sprinkle, Loewenstamm, and perhaps Osumi hover around the point that I am making.
Houtman (Exodus, 3:168), in contrast, says that it is not a general rule “but specifically
applied to the woman injured in a brawl, that is, to a person belonging to some else, her
husband.”
137. Crüsemann (“Auge,” 414) says the abrupt use of a second-person verb is origi-
nal to the context and its purpose is to emphasize the strict rule that the person be put
to death (though he believes that the rest of the talion rule in vv. 24–25 is secondary).
138. Morrow (“Generic Discrepancy”) follows Westbrook (“Lex Talionis,” 66) in
seeing the second-person verb as referring to the community as a whole or its represen-
tatives but connects it form-critically with a stratum of nonroyal prescriptive formula-
tion. Gilmer (If-You Form) explains the second person from the influence of wisdom
tradition, where the laws were spoken to those responsible for the juridical process
(similarly Buss, “Civil and Criminal Law,” 59; it addresses the “reacting community”).
Schwienhorst-Schönberger (Bundesbuch, 122–127, cf. p. 311) says that the second per-
son here and in vv. 13–14 addresses the authorities active in judicial administration; it
is also part of the style of this (secondary) layer of CC.
139. Houtman, Exodus, 3:168; Jackson, Wisdom-Laws, 210–211; Schwienhorst-
Schönberger, Bundesbuch, 117–118; Rothenbusch, Rechtssammlung, 285.
140. Houtman (Exodus, 3:152) says that vv. 18–19 deal with temporary injury; “in
case of permanent injury the talionic principle kicks in (21:23–25).”
141. The conceptual relationship of talion to vv. 18–19 is evidenced in the speculation
of some scholars that the talion law originally followed v. 19 (see Cazelles, Études, 56).
142. It is not clear if CC rejects bodily mutilation, parallel to its rejection of vicari-
ous punishment. The child rebellion laws (21:15, 17) do not provide evidence of CC’s
possible aversion to bodily mutilation, when they prescribe capital punishment instead
of mutilation as found in the LH 192–193, 195 (cutting out of the tongue, excision of the
eye, or amputation of the hand). CC prescribes capital punishment presumably because
the native participial source contained a parent-cursing law with a capital penalty
(v. 17). This provided the penalty for parent striking (v. 15 contra LH 195). Homicide
implicitly and kidnapping explicitly were capital crimes in LH (cf. LH 14; 116, 210; cf.
vv. 12, 16). For flogging, see table 4.1 in chapter 4 and the implications of the discus-
sion there.
143. The table in Wright, “Homicide,” 77–78, gives a more extensive summary,
including a slave as a victim and also data from the goring ox and burglary laws.
144. Jackson (Wisdom-Laws, 161) notes that “the object of Adonijah in going there
is not permanent refuge, but an opportunity to negotiate.”
145. Houtman (Exodus, 3:138) says “it is more likely that Exod. 21[:12–14] creates
room for talks between the victimized, the relative of the victim, and the asylum seeker,
with a view to the normalization of relationships. That this was done by giving some
form of material restitution is not impossible (cf. Exod. 21:30, 32).” He does not recog-
nize that the talion law (which he interprets rather literally; see nn. 128, 140) provides
the concrete legal basis.
146. See Stackert, Rewriting, 54, 82–86.
147. For the impurity of bloodguilt, see Barmash, Homicide, 94–115; Wright,
“Two Types,” 187–188 (cf. “Spectrum,” 159 n. 1); “David Autem Remansit,”;
“Deuteronomy 21.”
148. The killing of a slave in 21:20 would be a case of category (1) but with variabil-
ity of penalty as in category (2). Killing a burglar at night (22:1–2a) is a case of category
(1), but since it is self-defense, it is reduced in penalty to a category (4). For the rejection
of a category of reckless-direct homicide, see n. 106. See the chart summarizing this
data in Wright, “Homicide,” 77–78.
149. The argument of this section, along with that which follows, indicates that CC’s
miscarriage and talion laws cannot be analyzed as deriving from a reworking of the
talion laws of Deut 19, Lev 24, and the testicle seizing law of Deut 25:11–12, as well as
the miscarriage law in LH 209–210, as argued by Van Seters (Law Book, 98, 109–118;
“Some Observations on the Lex Talionis”). The major motifs of CC can be explained
on the basis of LH, and the talion laws in Deut 19 and Lev 24 develop from CC. If one
dates the talion laws in Deuteronomy and Leviticus earlier than CC, one is left without
an explanation of the similarity of the talion laws in Deuteronomy and Leviticus to
Hammurabi’s talion laws, and one has to say that CC’s correlations with LH are only
coincidental.
150. It is not clear that vv. 26–27 are part of a larger chiastic structure as described in
Jackson, “Literary Features”; “Modelling Biblical Law,” 1779; Studies in the Semiotics
of Biblical Law, 218; cf. Chirichigno, Debt-Slavery, 196. See the critique at Wright,
“Fallacies,” 158.
151. The dependence of vv. 20–21 and 26–27 on LH indicates that their position
may not be due to an intent to provide a structural frame to the talion laws (contra
Schwienhorst-Schönberger, Bundesbuch, 48, 61; cf. Rothenbusch, Rechtssammlung,
300).
152. For comparison of the two sets of laws, see Chirichigno, Debt-Slavery, 192;
Rothenbusch, Rechtssammlung, 312–317.
153. While CC may be abbreviating a longer list of possible injuries to a slave (it
does not mention breaking a bone of a slave as does LH 199; cf. Abusch, “Ishtar’s
Proposal,” 146–147 n. 7; Schwienhorst-Schönberger, Bundesbuch, 76–77), it may be
choosing to deal with only permanent injuries and therefore those that require the
release of a slave. Schwienhorst-Schönberger says that vv. 26–27 specify the eye and
tooth to prohibit hitting the slave in the face. He says that the text does not need to
specify an arm or leg because it is unlikely that a creditor would injure a limb, which is
necessary for the slave to do his or her work.
154. Given the source analysis of this study, vv. 26–27 should not be considered the
original continuation of vv. 20–21, as suggested by Jackson, Wisdom-Laws, 240–241.
155. Schwienhorst-Schönberger, Bundesbuch, 60.
156. As in LH, the penalty for injury to a slave (release) is not the same as for a free
person (talion payment). But it is not clear if setting a slave free, in the case that this is
a debt-slave, is a savings over the payment due for an eye or tooth. This would depend
on the amount of the loan that is being forfeited when the slave is injured. It may be that
in some cases, the amount of the loan forgiven would be greater than the going price
for an eye and tooth. A judgment about this matter is complicated by the possibility that
an eye and tooth bring different prices, as found in LH 198 (where a commoner’s eye
or bone is worth sixty shekels) versus LH 201 (where a commoner’s tooth is worth only
twenty shekels).
157. For example, Otto (Wandel, 28–29, 30–31, 62) sees vv. 18–19 and 22 (without
‫ )נתן בפללים‬as original. The aforementioned phrase was then added to v. 22, along with
v. 23. Eventually, vv. 24–25 and the slave laws of vv. 20–21 and 26–27 were added.
In the present passage, the talion law is the center of the structure (see also Otto,
Körperverletzungen, 134–137, 168; “Die Geschichte der Talion,” 101–107, 118; “Town,”
19; “Aspects,” 183, 185). Schwienhorst-Schönberger (Bundesbuch, 52–58, 62, 75–76,
78–81, 116–117, 119, 234) says that vv. 18–19, 22aαbα is the basic text. The Divine
Law Redactor added vv. 20–21, 22aβbβ, 23–24, 26–27. Note that according to this,
the talion law in v. 24 comes from the same hand as the second miscarriage law in v.
23. Schwienhorst-Schönberger (pp. 62–63) uses LH as part of the reason for removing
vv. 20–21 since, as he reads it, miscarriage (LH 209–210 = vv. 22–23) directly follows
assault (LH 206–208 = vv. 18–19). He does not realize that vv. 20–21 actually cor-
respond with LH 208. Rothenbusch (Rechtssammlung, 285, 296, 300) sees 21:18–19
and 22–23* as an original unit to which 21:23b–25 were added. This core was then
expanded by the slave laws of vv. 20–21 and 26–27. Jackson (Wisdom-Laws, 172–254,
esp. 177, 185–186, 188, 207, 211, 233–239) gives a complex analysis. In brief, he says
that the earlier sections of this part of CC consisted of vv. 18–19 (with the payment
clause of v. 19 originally at the end of v. 18) and the slave laws of vv. 20–21, 26–27.
The miscarriage law in vv. 22–23 (referring to premature birth and then the death of
the baby) may have grown up under the influence of Deuteronomic law, to which v. 24
was then attached. Verses 22–24 were then inserted as a unit before vv. 26–27. Verse
25 was eventually added, reflecting the priestly concern with bodily blemishes (e.g.,
Lev 22). ‫ נתן בפללים‬in v. 22 and ‫ כי כספו הוא‬in v. 21 (the latter reflecting slave concerns
in Lev 25) are later insertions. Other views about the growth of the talion laws include:
Carmichael, “The Biblical Laws of Talion (1986),” 27–28; “The Biblical Laws of Talion
(1985),” 113–114 (vv. 23b–25 are a Deuteronomic formulation); Crüsemann, “Auge um
Auge” (vv. 22–23 are original, v. 24 is an expansion; Crüzemann, Torah, 149); Jüngling,
“Auge für Auge,” 16–17, 19, 31, 35 (vv. 24–25 are an addition but pre-D); Kugelmass,
“Lex Talionis,” 138–170 (vv. 23–25 is a priestly addition extending the theological
perspective of Lev 24:19–20); Lemaire, “La peine,” 16 (the talion law is probably a
postexilic gloss); Liedke, Gestalt, 101 (refers to Alt, noting the very ad hoc formulation
of the talion list, which points to its secondary character); Osumi, “Brandmal,” 26–29;
Kompositionsgeschichte, 113, 116–117, 119–121, 152–154 (vv. 24–27 are an addition,

but as such they are a unity; they were inserted along with 21:2–11, coming from the
hand that wrote the second-person singular stratum of the apodictic laws). In an early
paper, Alt (“Zur Talionsformel”) argued that the deviant form of the talion law over
against casuistic and apodictic forms and the second-person verb derive from a cultic
Sitz im Leben, on the basis of a comparison with a Punic-Latin text. For theories about
a two- or three-phase development of the components of the talion laws in 23b, 24, and
25, see Schwienhorst-Schönberger, Bundesbuch, 80–82 (also p. 61).
158. Cf. Greenberg, “Asylum”; Jackson, Wisdom-Laws, 120–171; McKeating, “The
Development of the Law on Homicide”; Milgrom, “Sancta Contagion”; Rofé, “History
of the Cities of Refuge”; see also the literature in Stackert, Rewriting, 33–34 n. 3. See
the skepticism about historical reconstruction of the history of asylum in Stackert,
“Asylum,” 49. Ruwe’s study (“Das Zusammenwirken”) stresses the intertextual rela-
tionship of the asylum legislation in the Hexateuch, and he says, for example, that the
laws of Numbers 35 in the Persian period do not reflect asylum practice of that time
(p. 191). For the utopian character of the laws in Deut 19 and Num 35, see Haran,
“Studies in the Account of the Levitical Cities [Parts I and II]”; Houtman, “Der Altar
als Asylstätte,” 361–365.
159. For the history of the principle of talion, see n. 120 and Barmash, Homicide,
174–175; Cardascia, “La place du talion dans l’histoire du droit pénal”; Diamond, “An
Eye for an Eye”; Greengus, “Biblical and Mesopotamian Law,” 67–72; “Law,” 248;
Houtman, “Eine schwangere Frau,” 392–394; Marshall, Israel, 132–134; Rothenbusch,
Rechtssammlung, 278–284, 300–301. Kim (“Lex Talionis”) argues that the biblical law
depends on both LH and on native legal tradition developing in Israelite villages. Native
tradition, he believes, is identifiable in the contrasts with LH.
Chapter 7
1. For some who compare these laws, cf. Fleishman, “Offences,” 9; Houtman,
Exodus, 3:149; Jacob, Exodus, 640. Rothenbusch (Rechtssammlung) leaves vv. 15–17
outside his comparative analysis of the rest of the casuistic laws because he considers
them secondary. This is a significant lacuna in view of the correlations with LH.
2. The laws in the two collections should not be read to mean that the striking causes
death or even injury. LH makes death or injury clear when this occurs from striking (LH
206–207), and some laws in LH are concerned with striking only as an act of humilia-
tion (LH 202–205). In CC, 21:12 specifies death as the result of striking, whereas v. 15
does not. Further, cursing parents is penalized (v. 17), without a concern for the result.
See Fleishman, “Offences, 9–10”; Schwienhorst-Schönberger, Bundesbuch, 225. The
Mekhilta (Lauterbach. Mekilta, 1:64) says that the biblical law requires the striking
child to cause a wound (‫ )חבורה‬on the parent. Fleishman (“Offences,” 10–17) explores
the reasons and contexts for striking a parent. He notes and discusses several examples
of striking in order to humiliate a person, including 1 Kings 22:2; Mic 4:10; Jer 20:2;
37:15; Job 16:10; Neh 13:25 (compare Isa 50:6; Lam 3:30).
3. The girseqûm, a male, may have a position in the palace (muzzaz ekallim; LH
187). The sekretum is a type of priestess or woman dedicated to the temple. She is listed
in some laws (cf. LH 178–180) alongside other similar women, the ugbabtum (LH 110,
127, 178) and nadītum (cf. LH 40, 110, 137, 144–146, 178–182). These latter women
might live in a cloister (gagûm), are prohibited from entering a tavern (or specifically
drinking beer) at the threat of being burned as a punishment, and have certain marriage
and economic privileges (the relationship of secondary slave wives, regarding the sale
of land, divorce settlements). None of these three women is said to bear children. A
nadītum may marry but is not described as bearing children, only “providing” or “pro-
ducing” children for her husband (Š-stem of rašûm or bašûm; LH 137, 144, 145). The
production of children comes through her giving her husband a slave wife (LH 144, 146;
contrast 145). Only the sekretum is mentioned as an adoptive parent (LH 187, 192–193).
Note that LH 178, which mentions an ugbabtum, nadītum, and sekretum, was influential
in forming the law about the three means of sustenance that a man must provide his
slave wife in 21:10–11 (see chapter 5). This demonstrates that CC may use a law with a
specific Mesopotamian sociological tenor for its own broader purposes. The girseqûm
and sekretum in LH 192 are not married to each other any more than the ugbabtum,
nadītum, and sekretum mentioned in other laws are related. A focus on a single parent
in adoption is found in LH 185–186, 190–191 (a man in general) and 188–189 (a crafts-
man). The parent figure spoken of in each law is the chief legal guardian. It is therefore
interesting that various males (a father, a craftsman, and a girseqûm), as well as a sekre-
tum, may individually adopt children.
4. The child here, as well as in CC’s laws, has to be considered a minor, still part of
the parent’s household and economically dependent. A hint at the youth of the child is
found in LH 186, which addresses a case of a child seeking to return to his parents early
on at the time of adoption.
5. This is identical to the declarations of rejecting a father or mother in Ana ittišu 7
III 23–28, 29–33, cited in Fleishman, “Legal Continuation,” 56–57. In those cases, the
child’s head is shaved, and he is sold as a slave for rejecting the father, and his head is
half shaved and he is expelled from the house (i.e., disinherited) for rejecting the mother
(Fleishman notes that rejection of the mother is thus less serious; “Legal Continuation,”
58). See also the formula in SLEx 4′, similar to the Sumerian version of the declaration
in Ana ittišu. In the Sumerian law, the child does not inherit but is sold into slavery.
See Fleishman’s study for a discussion of various Mesopotamian texts about parent
rejection.
6. For “hatred” as a legal and not merely an emotional category, see Wells, “Sex,
Lies,” 57–61. He discusses the Akkadian verb zêrum “to hate” and LH 142 in particular,
which he says refers to inchoate marriage (betrothal) prior to the consummation of mar-
riage (p. 59 n. 58 and pp. 66–68 and nn. 82, 85). The verb aāzum in that law therefore
means “to fully marry.” See also Westbrook, Old Babylonian Marriage Law, 14–16,
45–47. The context, however, indicates that she is living with her husband, implying
that the marriage has already been consummated. For zêrum in divorce contexts (com-
pared to Hebrew ‫“ שנא‬to hate”), see Otto, “False Weights,” 135 n. 29, and the literature
cited there.
7. This “mirror punishment” is related to talion; see Haase, “Talion and spiegelnde
Strafe.”
8. Fleishman (“Offences,” 18) notes three understandings of ‫קלל‬: cursing (1) that
leads to harming parents, (2) as merely verbal abuse, and (3) that marks the rejec-
tion of the parents’ authority. He reviews biblical, Ugaritic, and Akkadian evidence
of the Semitic roots qll and its counterpart kbd (for Near Eastern evidence, see also
“Offences,” 28–37; “Legal Innovation,” 317–319). He concludes that qll indicates the
rejecting of the authority of the parents, whereas kbd indicates accepting this authority
(see Fleishman, “Offences,” 36–37; “Legal Innovation,” 315–319). Deut 21:18–21 may
build on Exod 21:17, but “the purpose of the law in Deuteronomy xxi 18–21 was to
reduce significantly the scope of the delinquent behavior against parents punishable by
death. It did so by means of the apodosis (vv. 18–20) that determines that disobeying
one’s parents is punishable by death only when the son refuses to cease behavior that
is defined as gluttony and drunkenness” (Fleishman, “Legal Innovation,” 319, cf. 327).
For another discussion of ‫קלל‬, see Sprinkle, Book, 77–79.
9. This example is discussed by Fleishman, “Offences,” 23–28; “Legal Innovation,”
317. The passage about a rebellious son in Deuteronomy 21:18–21 also gives an indica-
tion of the behavior that might be understood by the verb ‫ קלל‬even though that verb is
not used and the son is not described as uttering any particular words (for this passage,
see Fleishman, ‫הורים וילדים‬, 244–293; also Bellefontaine, “Deuteronomy 21:18–21”).
10. An emendation is not absolutely necessary; ‫( קלה‬II) and ‫ קלל‬are associable as
opposites of ‫ ;כבד‬see Fleishman, “Offences,” 17–18.
11. Fleishman (“Legal Continuation,” 61) says: “We cannot deal here with the ques-
tion of whether the rights and obligations of an adopted child were identical to those of
a biological child. The basic assumption of our study is that in principle, the legal status
of adoptive and biological children were the same, and that the adoptive child had the
same privileges and obligations as a biological one, and therefore had the same obliga-
tions vis-à-vis his parents as a biological child.”
12. The conjunction on ‫ ונמצא‬marks an alternative, “or” (Brin, “Development,”
62–63; “Uses of ‫או‬,” 25–26). See the discussion of 22:4 at n. 37 in chapter 9. Westbrook
(Studies, 119) takes the conjunction as marking consecution, where the person in whose
hand the slave is found is the buyer of the kidnapping victim (he compares LH 6). This
reading of 21:16 is too subtle. The law gives no clear indication that it now deals with
a third party. This inconsistency is introduced from replicating the cases in 21:37 and
22:3, which in turn derive it from LH; see later.
13. The LXX puts the kidnapping law after the two child rebellion laws. This is
a secondary smoothing of the context, not entirely different from what is sometimes
found in modern translations that shift text order for sense (cf. NEB on 22:1–4 [= BHS
21:37–22:3]). Fleishman (“Offences,” 7) notes that the order of 21:15–17 (including the
kidnapping law) may be due to the seriousness of the cases. Schwienhorst-Schönberger
(Bundesbuch, 233) explains the odd position by viewing vv. 15–17 as a redactional
expansion to an original v. 12, which sought to create a parallel to 21:37 + 22:3. Both
sets of laws deal with killing a human/animal victim (21:12; in 21:37, this is “slaughter-
ing” the animal), selling the victim (21:16; 21:37), or being caught with the victim in
one’s possession (21:16; 22:3).
14. For a discussion of Akkadian wet-nurse laws, see Fleishman, ‫הורים וילדים‬, 55–66
(including LE 32).
15. For comparison, see Houtman, Exodus, 3:150. Rothenbusch (Rechtssammlung)
does not deal with 21:16 and LH 14 together in his study.
16. LH 185 and 186 describe a erum (spelled syllabically) being taken in adop-
tion (lit., “for sonship” ana mārūtim). This child does not become a “son” (mārum)
until sometime later in his relationship with his adoptive father, until which time he
is called a tarbītum “a rearling.” LH 188 refers to a craftsman taking a DUMU/TUR
“for raising” (ana tarbītim). This should probably be read TUR = erum since rais-
ing is preliminary to adoption in LH 185–186. Moreover, LH 189, a follow-up to 188,
says that if the craftsman does not teach the child his trade, “that rearling (tarbītum)
shall return to the house of his father”; i.e., he is not a mārum. LH 190 confirms this
as it talks about a father eventually not recognizing a erum (spelled syllabically),
presumably of the previous laws, as his son. LH 191 seems to use the logogram to
mean erum when it says that if a man takes a erum (spelled syllabically) in adop-
tion but after having other children decides to disinherit the child, “that DUMU/
TUR shall not leave empty-handed” (DUMU/TUR šū rēqūssu ul ittallak). Since
he is not yet a “son” mārum, the sign should be read in this law as TUR = erum.
This interpretation of the logogram in these laws is followed by Roth, Collections,
119–120; Richardson, Hammurabi’s Laws, 102; similarly CAD T 225b for LH 188.
Borger (Lesestücke, 37–38) reads all cases in these laws as DUMU = mārum (so also
Huehnergard, Grammar, 263, 305, 384, 415, 453 and Key, 59, 73,101, 113. 127; Finet,
Le Code, 107–110 regularly renders the logogram as “infant” but syllabic erum as
“petit” or “nouveau-né”). Incidentally, the case at hand shows the value of the thesis of
this study for the philological analysis of LH. That is, if on the basis of other evidence
LH is taken as a source for CC, the apparent substitution of LH 14 for LH 194 in Exod
21:16 becomes evidence that scribes in antiquity read the DUMU/TUR sign in the
cases and laws just described specifically as TUR = erum.
17. No doubt that even apart from a native participial source, CC’s society would
have had sanctions against kidnapping. Wells (“Covenant Code,” 24) argues that CC’s
law therefore does not need to depend on LH. But he does not address why the position
of CC’s kidnapping law just happens to fit the position of LH 194. That CC’s society had
rules against kidnapping does not preclude dependence on LH for raising the topic as a
point of legislation and for its location in the composition. Wells includes a discussion
of other Near Eastern texts referring to kidnapping (p. 24).
18. One must contend with the possibility that the Decalogue is partly based on CC
(see chapter 12).
19. Sprinkle (Book, 76) says that CC’s kidnapping law implicitly or primarily
involves a child and that stealing the child is a crime against the parents; this explains
its placement with the child rebellion laws.
20. Albertz (“Hintergrund und Bedeutung des Elterngebots”) has argued that bibli-
cal laws about the treatment of parents usually imagine older, even mature, children
and are thus concerned about providing care to elderly parents (see also Houtman,
Exodus, 3:148–149; Schwienhorst-Schönberger, Bundesbuch, 217–218, 220; Sprinkle,
Book, 77–78). For a review of the Nuzi documents requiring care for the elderly, see
Fleishman, ‫הורים וילדים‬, 210–232. Fleishman (“Legal Continuation, 60, cf. 64) says that
disinheritance in LH 168–169 has to do with a child’s not supporting his parents. On
filial duties in the Ugaritic Aqhat text (CAT 1.17 I 25–33, 42–48; II 1–9, 14–23), which
relate to an older child, see Wright, Ritual in Narrative, 48–69.
21. Brin (“Development,” 61–63; Studies, 24–28) sees the phrase as composition-
ally secondary.
22. See the views of Osumi, Otto, Sprinkle, charted in Wright, “Fallacies,”
158–159, discussed and critiqued in the earlier pages of that article. Rothenbusch
(Rechtssammlung, 591) also says that the participial laws form a frame.
23. Morgenstern (“Book of the Covenant, Part III,” 148) makes a similar conclu-
sion. He, however, calls them “pseudo-uqqim” as opposed to the true uqqim of 21:12,
15–17. His analysis, the details of which can be severely questioned, nevertheless
leaves the door slightly open for developing the thesis that 22:17–19 were not part of the
original participial source (for which I argue) and were fashioned as an appendix in the
image of 21:12, 15–17. Chamberlain (“Exodus 21–23,” vi, 129–133) sees 22:17–19 as a
late insertion modeled after the participial laws of 21:12–17.
24. Cf. Patrick, Old Testament Law, 84; Sprinkle, Book, 162 n. 1.
25. The Hittite Laws contain various laws pertaining to magic and sorcery (HtL
44b, 111, 163, 170), but these are not similar to v. 17.
26. Dalley (“Influence of Mesopotamia,” 70–71), for example, compares Exod 22:17
and LH 2.
27. Schwienhorst-Schönberger, Bundesbuch, 330 (“Das—abgesehen zunächst ein-
mal von Ex 22,17—erstmalige Aufkommen des Wortes in der Mitte des 7. Jh. und die
im AT mehrfach bezeugte Rückführung auf nichtisraelitische Kreise machen die These
plausibel, daß die mit ‫ כשף‬bezeichnete Tätigkeit bzw. Berufsgruppe nicht zu einer alten
genuin israelitischen Tradition magischer oder divinatorischer Praktiken gehört, wie
etwa Efod, Urim und Tummim, sondern wahrscheinlich erst unter dem Einfluß der
assyrischen Kultur in Israel Eingang fand”). He adds that ‫ כשף‬in 22:17 may be the old-
est attestation of the root in the Bible and that Deuteronomy picked up the concept and
developed it (Deut 18:9–13).
28. Van der Toorn, From Her Cradle, 113; noted by Anderson, Women, 82 (see
also her comment on p. 34). For females and males in sorcery, see Houtman, Exodus,
211, 212.
29. See also n. 32.
30. For bestiality in the Bible, see Houtman, Exodus, 3:212–213. Phillips (Essays,
53 n. 16) notes that the animal is not put to death in 22:18 because it is not envisioned
as having committed a crime, as opposed to the ox in 21:28–32 (for animal liability in
the immediate narrative context, see 19:13). He briefly discusses the development of the
conception of the guilt of passive partners in illicit sexual activity in Deuteronomy and
the Holiness Code. Lev 20:15–16 requires the death of the human and the animal. See
also Fensham, “Liability,” 88–89.
31. See Hoffner, “Incest, Sodomy and Bestiality”; Schwienhorst-Schönberger,
Bundesbuch, 326–328.
32. Schwienhorst-Schönberger (Bundesbuch, 322–329) ties the prohibition of besti-
ality to magical practices in the larger Near East, where animals were used analogically
(and perhaps concretely) in rites to boost sexual potency. He cites a salacious Neo-
Assyrian ritual text to this effect (pp. 323–324). His contextual point is that 22:17–19
deal with a series of magical-cultic acts and thus cohere. Houtman discusses the possi-
bility that a sorceress is conceptually associable with the notion of seduction (following
Ehrlich) and hence is juxtaposed to a law on bestiality (Exodus, 3:211–212).
33. Krebs, “Zur kultischen Kohabitation mit Tieren.” Schulz (Todesrecht, 61)
notes that 22:17–19 constitute a series that legislates against idol worship of various
sorts, with intercourse with a bovine being a type of cultic practice. (See the previous
note.)
34. Zakovitch (“Ancient Variants”) notes various passages in which ‫ אלהים‬alone
may refer to “other gods” (Exod 18:11; Ps 82:1; 95:3; 96:4; see also Exod 15:11; Ps 86:8).
Schulz (Todesrecht, 58–59) questions Alt’s reconstruction of the original law as: ‫זבח‬
‫“ לאלהים אחרים מות יומת‬One who sacrifices to other gods shall be put to death.”
35. See Nelson, “erem,” for the meaning of the term. He notes that this and other
“key examples have nothing whatsoever to do with war,” noting also Lev 27:28–29;
Ezra 10:8.
36. For this original reading, see Lohfink, “‫ ָחרַם‬āram,” 181. See the discussions at
Fensham, “Rôle,” 265–266; Schwienhorst-Schönberger, Bundesbuch, 317 (with bibliog-
raphy). Schwienhorst-Schönberger (Bundesbuch, 322; following Otto, Wandel, 5, cf. 6)
believes that v. 19b comes from a Deuteronomistic redactor (cf. 1 Sam 7:4). But he notes
that one can seriously consider it coming from his Gottesrechtsredaktor stratum, which
is pre-Deuteronomic (see the summary of his view in chapter 1). Zakovitch (“Ancient
Variants,” 58–59) argues that the MT is original and that the Samaritan has added ‫אחרים‬
and dropped the superfluous ‫בלתי ליהוה לבדו‬.
37. Zakovitch (“Ancient Variants,” 59) compares the two texts. For the interchange
of ‫ כי אם‬and ‫בלתי‬, see Gen 42:15 and 43:5; Num 14:30 and 32:12.
38. It has been claimed that 22:19 is the center of CC and is balanced by the cultic
laws at the beginning and end of the work (cf. Blenkinsopp, Wisdom and Law, 94–95;
Halbe, Privilegrecht, 413–421). In addition to 22:19 actually being a miscellaneous regu-
lation, as argued in this chapter, see the structural critique in Wright, “Fallacies,” 144.
39. These laws may have been arranged by increasing seriousness (cf. Houtman,
Exodus, 3:211; Schwienhorst-Schönberger, Bundesbuch, 318; Sprinkle, Book, 162–163).
Schwienhorst-Schönberger compares the intensification of cases in the disloyalty laws
of Deuteronomy 13 and concludes there is a traditional historical connection between
the descriptions in the two books and that Exod 22:17–19 may have even inspired Deut
13. Levinson (Deuteronomy, 123) notes that the apostasy laws in Deut 13 are in part a
development of 22:19.
40. Otto (Wandel, 5–6) says that 22:17–19 in their basic formulation do not reflect
Deuteronom(ist)ic influence. Schwienhorst-Schönberger (Bundesbuch, 322, 328) sees
22:18 as priestly and dependent on Deut 27:21 and Lev 20:15.
41. Schwienhorst-Schönberger (Bundesbuch, 22–28, 232) argues that they are an
introduction to 22:20–23:9 and that the participial laws in 21:12–17 are an introduction
to 21:18–22:16.
Chapter 8
1. See chapter 1 for a review of various studies in which the goring ox laws play a
prominent role.
2. A sample of those who compare the two sets of laws includes Cazelles, Études,
152–153; Eichler, “Study of Bible,” 89–94; Finkelstein, Ox; Houtman, Exodus, 3:175–
176; Malul, Comparative Method; Rothenbusch, Rechtssammlung, 327–335. See also
the studies cited later.
3. See Wright, “Compositional Logic,” 98–102 (note the chart there); “The Laws of
Hammurabi and the Covenant Code,” 233–234.
4. Schwienhorst-Schönberger, Bundesbuch, 129–162. His overall redactional model
is summarized and critiqued in Crüsemann, Torah, 145 n. 189.
5. So also Phillips, Essays, 61. Otto (Körperverletzungen, 157), however, says that
this phrase refers to vv. 28–30 as a whole. Westbrook (Studies, 57–61) argues that v. 31
refers only to v. 30 and that it means that the amount to be set for the ransom in the case
of a child victim is to be the same as that of an adult (cf. Wells, “Covenant Code,” 104–
105 n. 51). In this context, we should note that the preposition plus pronoun ‫“ לו‬for him”
in v. 31 cannot refer to the ox, otherwise the law would lack a clear raison d’être. The
reference to the male victim alone in the pronominal reference parallels v. 28, which
says “and he dies” after referring to the victim as either a male or female. Compare also
the use of the verb ‫“ עשה‬do” and the noun ‫“ משפט‬law” with the preposition -‫ ל‬in refer-
ence to a legal patient for whom a legal obligation exists in 21:9.
6. Otto (Körperverletzungen, 158) thinks that v. 30 was added first, then v. 31.
Otherwise, one would expect v. 30 to follow v. 31. See also Otto, Wandel, 29–30.
7. Otto, Körperverletzungen, 156; see also Brin, “Development,” 64–70; Studies in
Biblical Law, 28–32.
8. For this conjunction see Liedke, Gestalt, 34. Otto (Körperverletzungen, 157)
says this conjunction is a “formgeschichtlich abweichende Einleitung.” Phillips
(Essays, 55, 60–61) sees the deviant conjunction as a sign of later authorship. Brin
(Studies in Biblical Law, 89–103) notes that the conjunction is used for extending
applicability and clarification and may be an indication of a secondary expansion and
compares 21:6, 18.
9. Otto, Körperverletzungen, 156–158.
10. Other scholars have identified secondary elements in 21:28–32. Daube (Studies,
86) and Jackson (Essays, 145, 150) see v. 31 as an addition. Otto (Körperverletzungen,
153–164) sees vv. 28–29, 32 as an original unity to which v. 30 and then v. 31 have been
added (though on pp. 157 and 163, he appears to see v. 32 as somewhat secondary, along
with v. 31; cf. Otto, Wandel, 29–30). Rothenbusch (Rechtssammlung, 320–321, esp. n.
404, 327) is not entirely clear about the redactional development that he assumes took
place in vv. 28–32, but apparently he does not necessarily see vv. 30–32 as secondary.
Seebass (“Zum Sklavenrecht,” 182 and n. 20) sees vv. 28–32 as a whole “aus dem man
nichts herausbrechen darf.” Osumi (Kompositionsgeschichte, 119–121) also sees vv.
28–36 as a unity (and even vv. 12–36 represent more or less a unity).
11. Malul (Comparative Method, 151) notes similarly (and almost tautologically):
“If one were to excise from the biblical laws of the goring ox the section which contain
these differences [e.g., stoning, prohibition of eating the flesh, death penalty; see p. 148],
one would be left with basically the same laws as those appearing in the Mesopotamian
law corpora—while making due allowance, of course, for the necessary syntactical,
grammatical, and lexical changes dictated by the process of adapting the material.”
Schwienhorst-Schönberger (Bundesbuch, 135–136), after undertaking his literary
critical analysis of 21:28–32, notes the similarity to LH 250–252 to justify seeing the
stoning and prohibition elements as traditionally secondary. In this, he recognizes that
cuneiform tradition (and maybe even sources) were used for CC (pp. 161–162, 252,
255).
12. Eichler, “Study of Bible,” 94–97; Finkelstein, Ox, 19 (he says there must be
“some kind of organic linkage”); Houtman, Exodus, 3:91; Bundesbuch, 28; Malul,
Comparative Method, 141–142; Schwienhorst-Schönberger, Bundesbuch, 145, 159,
156–161, 239, 252; Van Seters, Law Book, 121; Westbrook, “Biblical and Cuneiform
Law Codes,” 253, 256–257; Yaron, “Goring Ox,” 398–399 (similarity is due to “recep-
tion of a rule which was probably of general, or at least wide, application throughout
the ancient East”); cf. Morrow, “Generic Discrepancy,” 136. For reservations about
dependence, see Rothenbusch, Rechtssammlung, 329.
13. This sets the context for the whole of LH 250–252. For Finkelstein (Ox, 24) the
notice of walking through the street in LH “implies that the ox was ‘walking along’
under the proper control by its owner (or whoever was in charge of it), so that the ensu-
ing accident was not the result of negligence on the owner’s part. The further implica-
tion is unavoidable that the death was due to the victim’s own carelessness.”
14. On the Akkadian denominative adjectival form, see Malul, Comparative

Method, 140 n. 54; GAG § 560 and § 55m.
15. Houtman, Bundesbuch, 173.
16. Cf. Paul, Studies, 80 n. 5.
17. Malul (Comparative Method, 143–144) notes several passive verbs in CC
(21:15, 20, 21, 22, 28, 30, 31, 36; 22:1, 3, etc.) and says that “the passive mood occurs
usually in verbs describing the activities of the authorities, which are supposed to
discuss the matter, judge it, and execute the punishment. It seems as though the editor
of the Book of the Covenant preferred for an unknown reason to use the passive mood
upon the active mood of the verbs when describing the activities of the local authori-
ties, and if so, the difference between ‘and it has been testified to its owner’ of the
Book of the Covenant and ‘the city quarter notified him’ of the Mesopotamian laws
is not coincidental; it is rather intentional and falls in line with the general context.”
Jackson (Wisdom-Laws, 273, cf. 396, 402) says that passive verbs are consistent with
the thesis that the basic casuistic laws are self-executing and in no need of an institu-
tion. I wonder if the passive voice is part of CC’s ideological response against institu-
tions in LH, from kingship on down to the local bābtum. CC has deinstitutionalized
the material from its sources.
18. Malul, Comparative Method, 147; Paul, Studies, 80–81 n. 6. LE 54 has only
one verb: “he did not restrain (it)” lā u<šē>širma (cf. Yaron, Laws, 77; Roth, Law
Collections, 54). For a discussion of presumed problems associated with the verb ‫שמר‬
“control, watch,” see Jackson, Essays, 121–130; Wisdom-Laws, 270–272. Given the
source connections to LH, an emendation to ‫“ ולא ישמ)י(דנו‬and he does not destroy it”
following the LXX (in both vv. 29 and 36) cannot be accepted (even Rothenbusch,
Rechtssammlung, 331 n. 440, who does not recognize LH as a source, rejects this emen-
dation on the basis of similarity to Near Eastern law; cf. Sprinkle, Book, 104 n. 1).
19. Elsewhere in CC, mitigating factors do not require execution of responsible
parties (e.g., lack of intention, 21:13–14; slave status of the victim and delay of death,
20:20–21). Cf. Paul, Studies, 81–82. Rothenbusch (Rechtssammlung, 320 n. 401) sees
v. 30 as an expression of ransom that was theoretically possible elsewhere within the
context of the casuistic laws (as implied in v. 23).
20. Seebass (“Sklavenrecht,” 181) says that ransom is allowed here (and only here)
“weil die Sühne für den Tod am gesteinigten Rind bereits erfüllt war.” If one looks at
the killing of the ox as an expression of vengeance rather than “Sühne” (see later; this
distinction may be more a matter of nuance than exclusive definition), then Seebass’s
basic logic can still apply.
21. See Seebass, “Sklavenrecht,” 182.
22. Jackson, Essays, 122; Houtman, Bundesbuch, 174.
23. For the sense of these terms, see Houtman, Bundesbuch, 178–179; Otto,
Körperverletzungen, 159–160; Phillips, Essays, 63; Schenker, “kōper et expiation,”
32–46 (cf. Versöhnung, 55–59). Num 35:31 also uses ‫ כפר‬of what one is not to accept in
cases of intentional homicide, though here, as Schenker (“kōper et expiation,” 37–39)
points out, it is an illegal payment and thus similar to a bribe. There it has the functional
meaning of silver paid to the family to prevent prosecution of blood vengeance. That
meaning suits CC’s context. Houtman (Exodus, 3:177) notes that from the point of view
of the victim’s family, the ransom is indemnification.
24. Otto (Körperverletzungen, 156) answers the question why v. 29 remains
in the text unaltered by the addition: “Die Todessanktionsformulierung in Ex 21,29
bleibt unvermittelt daneben stehen, weil sie Aufschluß über die Rechtsgrundlage der
Auslösung eines verwirkten Lebens und also über die Höhe der Zahlungsforderung
gibt.” This actually shows how apt the addition of v. 30 is.
25. Jackson, Wisdom-Laws, 286; Westbrook, Studies, 57–58.
26. Yaron, Laws, 146–149. He notes that LE 54, the equivalent of LH 251, uses only
awīlum; therefore, mār awīlim must have the same meaning.
27. I agree with Greenberg (“Postulates,” 20–27) that this is a reaction to vicari-
ous punishment (cf. Malul, Comparative Method, 145–146; Paul, Studies, 82–83). It
may be that the statement of this principle in Deut 24:16 makes explicit what is implicit
in CC.
28. Frymer-Kensky (“Tit for Tat,” 233) compares 21:31 with LH 230–231 in par-
ticular. Jepsen (Bundesbuch, 36) compares 21:31 to LH 230 and even goes so far as to
speculate that “Es ist wohl möglich, dass eine dahingehende Bestimmung [i.e., like
LH 230] durch den heutigen Worlaut des Gesetzes [i.e., v. 31] verdrängt ist.” Cazelles
(Études, 59) also compares v. 31 with LH 230.
29. The ‫“ או‬or” here is not simply an alternative to ‫“ אם‬if.” It is chosen because it
idiomatically sets up an option between two conditions: “Whether it gores a son or
daughter . . . ” (cf. Cazelles, Études, 59; Waltke and O’Connor, Syntax, 654–655).
30. Malul (Comparative Method, 132–133) notes how unique this law is in the
Bible, a feature that draws attention to its similarity to LH: “the law of an ox goring
a slave is the only case in the Old Testament which deals with another person’s slave;
usually the Old Testament deals with injuries inflicted upon a slave by his own mas-
ter. Furthermore, the juxtaposition of a law dealing with injuries suffered by a slave
with a law dealing with injuries suffered by a free person is quite common in the
ancient Near Eastern law, but occurs no more in the Old Testament, apart from [Ex
21:28–32]. . . . Finally, only in the case of a slave gored by an ox does the Old Testament
allow the payment of monetary compensations. . . . The picture is clear: only in the case
of the laws of the goring ox does the Old Testament deviate from its usual way of deal-
ing with slaves; the deviation, surprisingly enough, admirably fits the ancient Near
Eastern picture. What is more natural, then, than to relate these two facts to each other
and come to the conclusion that the biblical laws of the goring ox were influenced by
their Mesopotamian parallels?”
31. CC is not averse to abbreviated dependent formulations as found in LH. An
example is Exod 21:23 ‫“ אם אסון יהיה‬if there is other injury,” which assumes v. 22. This
more or less follows the abbreviated formulation in LH 210, dependent upon 209 (see
chapter 6).
32. It is not my concern to enter into the question of whether the term or con-
cept “negligence” best describes these laws (or in the laws compared from cuneiform
sources). See the discussion of Jackson, Wisdom-Laws, 318–319 and n. 17 and Fensham,
“Liability in the Case of Negligence,” 286. Jackson’s questioning of the notion of neg-
ligence in these laws leads him to question my connecting vv. 33–34 with LH 229–230
(see also his p. 315 n. 8). Notwithstanding his objection, the two sets of laws still can
be associated through a general conception of negligence. His alternative description
is succinctly put in a comment on Exod 22:5 (Wisdom-Laws, 328; my italics here): “If
we are seeking some unarticulated general basis of liability, enterprise liability—one
who takes the benefit of an enterprise also assumes its risks—is, in the biblical text,
more plausible than negligence, albeit that the typical cases here envisaged may well
be accompanied by lack of care.” If one objects to “negligence” as the category for
comparing 21:33–34 and LH 229–230, one could easily shift to “enterprise liability” for
comparing the two laws.
33. Gilgamesh VI 119–124 (George, Gilgamesh, 1:626–627). For subjective falling
in other cases, see CAD M/1 241b–242a.
34. HALOT 116.
35. BE 17 21:27 cited in CAD B 342b (CAD’s translation); see also AHw 606a for a
Neo-Assyrian example of falling ana būre “into a pit/well” (ABL 142 Rs. 1).
36. See Eichler, “Literary Structure,” 72; Petschow, “Systematik,” 146–172; cf.
Wagner, “Systematik.”
37. Deut 22:8 has a law somewhat similar to LH 229–230 (as well as LE 58) that
includes house construction and falling: “When you build a new house, you shall make
a parapet for your roof so that you do not bring bloodguilt on your house when one falls
(‫ )כי יפל הנפל‬from it.” Here the victim falls like the animal that falls into a pit.
38. Jepsen (Bundesbuch, 36) sees vv. 33–36 as an appendix to vv. 28–32 (though
they anticipate the subject of what follows in CC). Rothenbusch (Rechtssammlung, 227,
324–327) believes that vv. 33–34 are an insertion into an older ox law consisting of vv.
28–32, 35–36. Noth (Exodus, 183) sees vv. 33–34 as loosely attached. Otto (Wandel,
12–31; Körperverletzungen, 154–155; Rechtsgeschichte, 151–153) says that 21:18–32
and 21:33–22:14 (the latter a group of ‫ישלם‬-laws of which vv. 35–36 are an integral
part) were originally independent collections (see also Schwienhorst-Schönberger,
Bundesbuch, 47).
39. Schwienhorst-Schönberger, Bundesbuch, 143–145, 147.
40. See the critique by Rothenbusch, Rechtssammlung, 337. On the meaning of ‫בעל‬
‫“ הבור‬pit owner/owner of the pit,” see Jackson, Wisdom-Laws, 314–315.
41. See Jackson, Wisdom-Laws, 319–321.
42. Daube (Studies, 138–139) also sees the phrase as secondary, “inserted in an age
when restitution in kind had become obsolete and superseded by monetary restitution”
(cf. Rothenbusch, Rechtssammlung, 336). Daube’s study of the instances of D-stem ‫שלם‬
indicates that it in all other places means restoration in kind (pp. 141–144; see also the
study of the term by Cazelles, Études, 60–61).
43. Houtman, Bundesbuch, 185; Paul, Studies, 84. Paul says specifically: “In both
cases the verb šlm (Heb. ‫פיעל‬, corresponding to the Akk. D-stem) is used absolutely
without a direct object and is followed by an explicative case employing the verb ‘to
restore/replace’ (Heb. ‫ישיב‬: Akk. iriab).” For šullumum, see CAD Š/I 209, 226–228.
44. CAD Š/I 228.
45. The D-stem of šalāmum (CAD Š/I 226–229) is used of restoring animals (LH
267; lost through disease caused by negligence), lost items (LH 125), and property of
a bride (LH 138, 149, 156). The verb râbum (CAD R 53–55) is used of replacing slaves
or animals in kind (X kīma X [= X ‫ תחת‬X]; LH 219 [cf. 231], 245–246, 263), multiple
replacement of animals or stolen items (8, 265), and replacing other lost property (LH
23, 53–54, 125, 232, 236–237, 240).
46. LH 50 (also 51) uses the D-stem of târum, a synonym of ‫השיב‬, of repaying sil-
ver to a merchant who made a loan to a field owner: the field owner “returns (or pays)
silver and its interest to the merchant” (kaspam u ibassu ana tamkārim utâr). For the
Akkadian verb, see CAD T 262.
47. See also LH 44, which has a case of one renting a field “for cultivation” (ana
teptītim, literally, “for opening/breaking up,” from the root petûm) in a context of
negligence.
48. Houtman (Bundesbuch, 185) notes that LH 53–55 are similar to Ex 21:33–34 in
dealing with negligence. On LH 53–56, see Haase, “Wasserrecht.”
49. Marshall (Israel, 105–106) notes the similarity to the biblical law but says “that
it does not address the issue of injured oxen or asses.”
50. The mention of a pit/cistern in CC’s law may thus not necessarily reflect local,
Palestinian circumstances (for this view, see Cazelles, Études, 59–60; Rothenbusch,
Rechtssammlung, 350, 352; Schwienhorst-Schönberger, Bundesbuch, 274). Jackson
(Wisdom-Laws, 314) says the pit in CC is most likely a waterhole, befitting the context
of animal husbandry.
51. Even apart from the cuneiform evidence, one could question Schwienhorst-
Schönberger’s conclusions about the original shape of vv. 33–34. The owner of the pit
could be responsible even if someone else uncovered the pit, or the writer could have
the owner in mind as the one who uncovered the pit (cf. Cazelles, Études, 60).
52. See Wright, “Compositional Logic,” 121 n. 67 for a table that summarizes the
linguistic similarities of vv. 33–34 to Akkadian idiom.
53. Crüsemann (Torah, 145–146) notes that the two main sections 21:12–36 and
21:37–22:16 dovetail together; 21:33–34 anticipate the next section and 22:1–2a reflect
back on the issue of homicide in the previous section.
54. See n. 12.
55. Wagner (“Systematik,” 179): “Andererseits fügt sich § 9’ [vv. 33–34] elegant
zwischen § 10’ [vv. 35–36] und § 11’ [v. 37] ein. Wie es zu den jetzigen Ordnung gekom-
men ist, ist nicht deutlich.” Daube (Studies, 75–101) explains the order by viewing vv.
35–36 as an addition that is placed at the end of the section it modifies. Schwienhorst-
Schönberger (Bundesbuch, 156, 147) also sees vv. 35–36 as an addition to the basic
original text. Rothenbusch (Rechtssammlung, 227) questions Daube’s background evi-
dence and conclusion (also Sprinkle, Book, 106–107). He sees vv. 35–36 as part of the
original unit before the addition of vv. 33–34. Otto explains the location of vv. 35–36 by
seeing v. 33 as beginning an originally independent collection (see n. 38); therefore, the
position of vv. 35–36 is not related to the position of vv. 28–32. Sprinkle (Book, 107–
108, 112–114) argues that the arrangement of vv. 28–36 arises out of a “semi-chiastic”
structuring (vv. 35–36 // vv. 28–32; similarly Osumi, Kompositionsgeschichte, 119–121;
see Wright, “Fallacies”).
56. See Wright, “Compositional Logic,” 97–102.
57. This approach is reasonable, given the lack of evidence. Levinson (“Deuteronomy
13:7a,” 236–241) operates similarly in his analysis of Deuteronomy’s apostasy regula-
tions (Deut 13) and Assyrian treaty.
58. It is not clear if LE requires the selling of the ox or only dividing its value,
with the owner retaining possession of the animal (cf. Jackson, Essays, 108–109, 131;
Schwienhorst-Schönberger, Bundesbuch, 150–152; Yaron, Laws, 292 n 124). If LE 53
assumes a sale, CC can be seen as making this explicit.
59. ‫ נגף‬is a more general term; see Preuss, “‫ ;”נגף‬Rothenbusch, Rechtssammlung,
329–330; Schwienhorst-Schönberger, Bundesbuch, 150–151. It is doubtful that this
term in v. 35 implies a significantly different type of attack than that described in vv.
28–32 (contra Daube, Studies, 86, 88).
60. For Otto (Wandel, 24–25; Rechtsgeschichte, 135, 138), the various words for
striking or injury and the alternation of cases between free person and slave set 21:18–
32 apart as a unit. In my view, these are not features imposed redactionally but trans-
ferred in large part from LH. Incidentally, the use of ‫“ הכה‬to strike” in the Samaritan in
21:28, 31, 32 is part of its later and secondary generalization of the topic, which is also
manifested in the addition of ‫“ או כל בהמה‬or any animal” in v. 28 and the replacement of
‫“ שור‬ox” with ‫“ בהמה‬animal” in 21:28, 29, 32 (cf. Fishbane, Biblical Interpretation, 170;
Houtman, Bundesbuch, 171–172;).
61. CC also uses synonymous terminology for fighting, ‫ ריב‬in v. 18 and ‫ נצה‬in v. 22
(which stand alongside the synonyms for striking that are used in the two verses, ‫הכה‬
and ‫ נגף‬, respectively). See chapter 6.
62. Fensham, “Rôle of the Lord,” 262 n. 3; Schwienhorst-Schönberger, Bundesbuch,
159; HALOT 669. Malul (Comparative Method, 142 n. 55) makes a similar conclusion:
“Knowing that the regular Hebrew verb for denoting the ox’s attack is ‫ נגח‬and not ‫נגף‬,
which expresses a different idea, and knowing also that the etymological parallel of
‫ נגף‬occurs in the Akkadian sources, it stands to reason to conclude that in front of the
biblical editor there might have been a copy of a Mesopotamian law corpus in which
appeared the law of an ox goring another, and which probably was different from the
copy standing in front of the (same or another) editor in which only the laws of oxen
goring persons appeared, and for the sake of completeness he added the law of the ox
goring another in the place where it appears now. He, however, did not bother to make
the needed change in the verbs (‫ נגף‬and ‫ )נגח‬and left the Akkadian verb in the Hebrew
text (possibly inadvertently). . . . The interpretation suggested here . . . is a literary-his-
torical one, based on the assumption of the literary nature of these laws.” One of the
implications of Malul’s discussion of the verb (Comparative Method, 140–143) is that
‫ נגף‬would not be a natural choice for describing the situation of an ox goring. It makes
perfect sense, however, if it is seen as reflecting the etymologically equivalent and pho-
nologically similar Akkadian nakāpum.
63. The full and defective spellings of ‫ מתמול\מתמל‬in vv. 36 and 29 are not necessar-
ily signs of distinct authors (so Schwienhorst-Schönberger, Bundesbuch, 154), just as
the full and defective spellings of ‫בר\בור‬, both in Schwienhorst-Schönberger’s original
text of vv. 33–34 (at n. 39), are not an indication of distinct authors (even Schwienhorst-
Schönberger cannot claim the latter as evidence; Bundesbuch, 143 n. 57).
64. Rothenbusch notes the similar, almost literal, repetition of 22:7 in 22:10
(Rechtssammlung, 366). This may point to a broader compositional technique or tendency.
65. On ‫ נודע‬being a sign of a later addition, cf. Cazelles, Études, 62. Given CC’s
sometimes imprecise and creative rendition of Akkadian, it is hard to know if ‫ נודע‬over
against ‫ הועד‬really sets out a legal difference (e.g., that v. 36 does not require official
notification as opposed to v. 29, which does; so Daube, Studies, 86; Sprinkle, Book,
114–115).
66. If the source that CC used was like LE and included a law like LE 54 (parallel
to LH 251), which has ušēdīma, then the argument here must be slightly reformulated.
67. So Schwienhorst-Schönberger, Bundesbuch, 147–148; cf. Jackson, Essays, 152
(for him, v. 36 is a “scholastic addition”).
68. For the emendation, see Finkelstein, Ox, 20, n. 1.
69. See nn. 10, 38, 55. In addition to the views there, Jackson (Essays, 145–152) sees
v. 35 as original but v. 36 as an addition.
70. Cardascia (“Le charactère volontaire,” 190) wonders whether killing the ox was
intended by LH 250–252.
71. I do not enter into the possible difference in value between the two animals and
whether one animal owner might in some cases make out better than the other (dis-
cussed in detail with mathematical calculations in Jackson, Wisdom-Laws, 276–279,
287–290). The text is not apparently interested in this real-life question (cf. Houtman,
Exodus, 3:184).
72. Cf. Schwienhorst-Schönberger, Bundesbuch, 148, who sees letting the ox live as
a problem.
73. Noted by Otto, Rechtsgeschichte, 155 n. 1; cf. Körperverletzungen, 160. Jackson
(Wisdom-Laws, 135, 256–266; see also his Essays, 108–121) argues that the law does
not see the ox as a guilty party and that the stoning may not have been intended to kill
the animal. The rule that its flesh not be eaten, if original, means for him only that if the
animal happens to die by stoning, then it is not to be eaten. Houtman (Exodus, 3:174)
says that animal is not “a responsible creature against which legal steps can be taken.”
Stoning is to get rid of a dangerous animal (p. 175).
74. Fensham (“Liability,” 88, cf. 85) speaks of the killing of the ox as exacting ven-
geance: “It might have been only a natural action of vengeance to kill a vicious animal
which killed one of the relatives of a family or which caused considerable damage to
someone’s property by killing a slave” (p. 88).
75. One can wonder if a law like LE 58 was also influential in the expansion of
penalties. According to this law, which concerns negligence, when a buckling wall
falls (maqātum) and kills someone, but the owner had been warned by authorities, “it
is a capital case, subject to royal decision” (napištum imdat šarrim). Rothenbusch
(Rechtssammlung, 333) notes that the difference in the penalties in LE 53–55 and 58
may have to do with the animal (as opposed to a building) having an independent will,
which mitigates the owner’s responsibility somewhat. A law like LE 58—a negligence
law dealing with “falling” near goring ox laws—could have also been an impetus to
the creation of the negligence law of Exod 21:33–34, which deals with falling. For some
comparative analysis, see also Jackson, Essays, 128.
76. Cf. Rothenbusch, Rechtssammlung, 320 n. 401.
77. Bone, for example, would be used for awls, needles, pins, spatulae, spindles,
whorls, decorations, and pendants. See Anderson-Stojanovic, “Leather,” 339–340;
Borowski, Every Living Thing, 59, 63–65; Irvin, “Clothing,” 38–40; Liebowitz, “Bone,”
340–343; Wapnish, “Bone,” 335–340. Van de Mieroop (History, 88) summarizes the
use of animals among pastoralists in reference to the Amorites: “The life of pastoral-
ists revolved around their flocks. Throughout the Near East millions of sheep and goats
were herded for what is called their renewable resources: especially wool and hair, and
when dead, skins, bones, horns, and tendons. Meat consumption was limited, so rela-
tively few animals were slaughtered.”
78. A careful reading of Exod 22:30 indicates that only eating the meat (‫ )בשר‬of the
animal torn by beasts is forbidden. Presumably the bones, skin, and so forth—every-
thing but the flesh—of this particular animal may be used for nondietary purposes by
humans.
79. Thus 22:30 does not necessarily contradict 21:34–36 (cf. Schwienhorst-
Schönberger, Bundesbuch, 268). Houtman (Exodus, 3:235–236) argues that the ox in
21:34–35 is not considered ‫ טרפה‬and thus could be eaten. On the relationship of Deut
14:21 to Exod 22:30, see n. 15 in chapter 12.
80. Jackson and Houtman connect the prohibition of eating to the manner of kill-
ing the animal (Jackson, Essays, 116; Houtman, Bundesbuch, 178; Exodus, 3:175, 179).
For Jackson, however, the prohibition of eating is incidental to the act of stoning (pre-
scribed for other reasons), whereas I see stoning as specifically prescribed to disallow
alimentary use of the animal. It is similar to the use of the verb ‫ ערף‬for killing the cow
in Deut 21:4, which precludes the animal from being considered a sacrifice (see Wright,
“Deuteronomy 21:1–9,” 390–392). Westbrook (Studies, 87–88) says that stoning in

Exod 21 in part prevents the ox from being considered a sacrifice.
81. See primarily Greenberg (“Postulates,” 15), wherein he says: “A beast that
destroys the image of God and must give a reckoning for it. . . . The religious evaluation
inherent in this law is further evidenced by the prohibition of eating the flesh of the
stoned ox. The beast is laden with guilt and is therefore an object of horror”; see also pp.
13–20; cf. Greenberg, “More Reflections,” 2, 9–17; and also Eichler, “Study of Bible,”
91–94; Finkelstein, Ox, 26–28, 70; “Goring Ox,” 269; Heger, “Source of Law,” 336;
Paul, Studies, 79, 81, 82; Phillips, Essays, 49–73; Sarna, Exploring Exodus, 179–180;
Seebass, “Sklavenrecht,” 181 n. 14; Sprinkle, Book, 123–128. Jackson (Wisdom-Laws,
259–260) notes how Finkelstein’s approach to this problem is cosmological, whereas
Greenberg’s approach is theological. It seems to me, apart from the considerations
raised in the main part of the present chapter, that an ethical interpretation of CC’s
goring ox laws does not make sense when CC requires the execution of a rebellious
child (21:15, 17) but not of one who kills a slave (21:21, 32). Furthermore, saying that
LH manifests “a system motivated entirely by economic presuppositions,” as opposed
to CC (Paul, Studies, 82), misjudges the data, especially in view of CC’s treatment
of slaves as property (e.g., 21:20–21, 32 and even in 21:2–7, 26–27). For critique of
Greenberg, see Jackson, “Reflections,” 8–38; Wisdom-Laws, 166–171, 259–263 (cf.
Blenkinsopp, Wisdom and Law, 98; Haas, “Die He Shall Surely Die,” 70). For a dis-
cussion of Greenberg’s school of thought, see Rothenbusch, Rechtssammlung, 29–38.
Westbrook (Studies, 5–6) resists Greenberg’s approach in part because it turns the
silence of the biblical collections into an expression of legal principle. Walzer (“Legal
Codes,” 340) qualifies conclusions made by Greenberg. He says that in content there is
not much difference between biblical and Near Eastern collections, but “it seems to be
true that the rhetorical stress on social justice that marks the biblical codes has no prec-
edent elsewhere.” This itself has to be qualified now in view of the stimulus for the ethi-
cal content of the apodictic laws in CC (see chapters 3 and 11–12). See Loewenstamm,
“Laws of Adultery,” for a critique of drawing ethical implications from law collections.
For another, more qualified analysis of the differences of the application of capital pun-
ishment and its reflection of religious ideology, see Good, “Capital Punishment.”
82. See Wright, “Homicide, Talion, Vengeance.”
83. This argument indicates that ransom in CC’s goring ox laws is an academic
creation suited to that particular legal case. Hence it is doubtful that CC intended ran-
som to be a regular remedy in other cases of homicide (contra Jackson, Wisdom-Laws,
133–138, 390).
86. For the stoning of the ox in Exodus 21 as the father of the biblical idea of the
accountability of animals, see Jackson, Essays, 118–120 (see his recent observations
on the relationship of Gen 9 in Wisdom-Laws, 266; see also Fensham, “Liability,”
88). Greenberg (“Asylum,” 129) asserts that the idea in Gen 9 “is no late conceit, but
a principle that animated the earliest lawmakers of Israel.” Sprinkle suggests that the
final editors of the Pentateuch may have “expressed [i.e., modified] the regulation on
the goring oxen in such a way as to reflect the ideology of Genesis 1 and 9” (Book,
127–128). Thus he solves the chronological problem of CC’s implicitly reflecting P’s
ideology.
87. For the Holiness Legislation’s being later than the Priestly material, see chapter
13, n. 21.
Chapter 9
1. Schwienhorst-Schönberger, Bundesbuch, 162–187; Westbrook, Studies, 125,

128. Westbrook says that the fine “is the ransom for his [the burglar’s] freedom, to be
negotiated between himself and the victim of his attempted burglary.” Schwienhorst-
Schönberger (pp. 183–185), arguing against Westbrook, says that v. 2a is not so much
about killing a burglar at day caught in the act but about the opportunity for the house-
holder to accuse the person of theft. The repayment in v. 2b is not for the break-in but for
an accomplished theft, as the last part of v. 2b indicates (“he shall be sold for his theft”).
2. For v. 2b as part of the animal theft law, see Levinson, “Case for Revision,” 51;
Rothenbusch, Rechtssammlung, 342–343; and see a number of others at Schwienhorst-
Schönberger, Bundesbuch, 163 n. 4. Jepsen (Bundesbuch, 37) sees the original burglary
law as consisting of 22:1–2a, but with v. 2b as secondarily misplaced and expanded.
Otto (Wandel, 19–20; Rechtsgeschichte, 74–75) sees 22:2bα (i.e., only ‫ )שלם ישלם‬as
the original continuation of 21:37 with the rest of v. 2 as an expansion. For him, vv.
1–2a were added at a later stage, and v. 3 added even later. (He also sees the traditional
development of multiple payment as consisting originally of twofold payment, as in
22:6, 8, which was then later increased for sale or slaughter of animal in 21:37; see Otto,
Wandel, 20–21, and Rothenbusch’s response, Rechtssammlung, 347, especially his point
that 22:8 does not refer to animal theft per se and therefore is not in contradiction to
21:37.) Jackson (Wisdom-Laws, 291–292) sees vv. 1–2a as a topical unit but says that
only 22:3 is secondary.
3. HtL 57–67 have multiple (thirty-, fifteen-, twelve-, ten-, seven-, and sixfold)
repayment for animal theft, with distinctions made in species and earlier and later
stages of legislation.
4. See Schwienhorst-Schönberger, Bundesbuch, 171–172. Note the lesser status
of flock animals compared with bovines in the sacrificial prescriptions of Leviticus 1
and 4.
5. Cf. Levinson, “Case for Revision,” 48–52; Rothenbusch, Rechtssammlung, 344.
For resumptive repetition as a sign of editorial reworking, cf. Levinson, “You Must Not
Add,” 1–2 n. 1.
6. The penalty is payment of sixty kors of grain (18,000 silas = 18,000 liters) for
every bur of land (= 18 ikus = 6.8 hectares = 16.01 acres). The theoretical severity of
this penalty can be seen in comparison with wages paid for certain agricultural ser-
vices: an agricultural worker/farmer (ikkarum) and a herdsman (nāqidum) of cattle
and flock animals are to be paid 2,400 silas (= 2,400 liters) of grain per year (LH 257).
The penalty in LH 255 suits the context of the theft of grain. The connection of the
penalty to the illicit hiring out of the cattle is not clear. Perhaps the cattle are used for
plowing and cultivating the field; since they are hired out, the man cannot produce the
expected crops.
7. The law does not seem to be concerned about whether the thief might be sold to
the animal owner or to a third party (for discussion, see Rothenbusch, Rechtssammlung,
345; Schwienhorst-Schönberger, Bundesbuch, 180; Westbrook, Studies, 126). For a case
of enslavement for theft, cf. Gen 44:10. The law is also not concerned about the correla-
tion of the amount of the penalty due and the time worked. In the context of CC, the
thief would serve for six years and then be released (21:2; cf. Jackson, Wisdom-Laws,
301–302). This is one of several cases where CC has not worked through the full impli-
cations of its laws.
8. The N-stem verb ‫ נמכר‬in 22:2b may be the stimulus for the N-stem in Deut 15:12
and Lev 25:39, the primary verb for sale into debt-slavery in those later collections, as
opposed to ‫ קנה‬in 21:2 or the G-stem of ‫ מכר‬in 21:7. Jackson (Wisdom-Laws, 299–300)
says that ‫ ונמכר‬in 22:2b is to be construed with a permissive sense: “he may be sold for
his theft.” This interpretation is only necessary when the law is viewed as deriving from
or prescribing real legal practice.
9. Cazelles (Études, 153) compares LH 8 with 21:37 + 22:2b–3. He sees a common
tradition but not necessarily textual dependence, given the differences.
10. Rothenbusch discusses LH 53–58 in the context of 22:4–5 (Rechtssammlung,
345, 352–355).
11. Some have argued that CC is more ethical than cuneiform law in prescribing a
thief’s sale (22:2b) rather than his execution as in LH 8 (so Cassuto, Exodus, 281–282;
Paul, Studies, 86; for discussion, see Schwienhorst-Schönberger, Bundesbuch, 181 and
n. 75). This judgment fails to consider LH 54.
12. Rothenbusch (Rechtssammlung, 345–346) thinks there may be a humanitarian
reason in limiting slavery to only the case with the greatest penalty and not extending
it to the lesser fine.
13. Those reading the biblical law as a reflection of real law have struggled with the
issue of the meaning of the legal tests in 21:37 and 22:3 (also 22:1–2a; compare Daube,
Studies, 89–96, Jackson, Wisdom-Laws, 293–302). For example, is it sufficient for the
animal to be in the possession of another person (22:3) for that person to be convicted
of theft? Likewise, is merely having killed or sold a stolen animal a sufficient indication
of theft? LH 9–13 have been brought into the discussion to show that, in contrast, a per-
son’s mere possession or further sale/destruction of a stolen item may not be sufficient
to establish that person as a thief. The difficulty of CC’s laws may not be due to their
reflection of a different scheme of tests for determining who is a thief, and they may not
be general principles that entail a more complex range of tests such as found in LH 9–13.
These may be cases where CC has taken motifs from its sources but has not gone further
to address real-world implications. This is consistent with CC’s idealism, for example, in
conflating debt- and chattel-slaves and in adapting debt-slavery to a seven-year pattern.
This means that the terseness in the formulation of the rules in 21:37 and 22:3 is not from
CC’s author not being explicit about what was in his mind; he may not have even con-
sidered the problems that classical and modern interpreters have raised. To put it another
way, asking these questions of CC may be misconstruing its genre, much like asking
scientific questions of Genesis 1–2. For possession as evidence of theft in narratives, see
Gen 30:32–33; 31:30–37; 44:9–16 (44:16–17 use the idiom ‫ ;נמצא ביד‬cf. 31:32; 44:9–10;
Jackson, Wisdom-Laws, 298–299). Jackson suggests that the narrative of Genesis 44
alludes to CC.
14. For “finding” (‫ )מצא‬in Deuteronomy’s laws, see Deut 17:2; 18:10; 21:1; 22:14, 17,
20, 22, 23, 25, 27, 28; 24:1, 7. On the idiom, cf. Jackson, Wisdom-Laws, 397.
15. Schwienhorst-Schönberger (Bundesbuch, 172–174) notes that the mention
of only a bovine and ovine in 21:37, as opposed to the mention of a bovine, ass, and
ovine in 22:3, is because in v. 37 the animal is imagined as being slaughtered, i.e.,
for food, which would exclude an ass by native custom. Note the native diet con-
cerns in 21:28; 22:30 (see chapter 8 on the reason for stoning the ox and prohibiting
its flesh).
16. Houtman, Exodus, 3:192; Jackson, Theft, 130–132; Schwienhorst-Schönberger,
Bundesbuch, 171.
17. Otto (Wandel, 21) notes the contradiction between 21:37 and 22:8 in this matter,
especially since v. 8 includes a case involving animals. On Rothenbusch’s response to
this matter, see n. 2.
18. For arguments about the evolution of the animal theft laws and concepts, see
Daube, Studies, 74, 89–90; Jackson, Theft, 42–53, 132–133; Otto, Wandel, 21; for a
survey, see Rothenbusch, Rechtssammlung, 346–347. Schwienhorst-Schönberger
(Bundesbuch, 162–187, esp. 163–167, 168–171) sees 21:37 and 22:3 on the same compo-
sitional level (similarly Rothenbusch, Rechtssammlung, 347–348). Westbrook (Studies,
118–119) solves the contradiction between the amounts in 21:37 and 22:3 by saying
that the latter law speaks of one who purchased the stolen animal, not the original
thief of 21:37. For critiques of Westbrook, see Rothenbusch, Rechtssammlung, 348–350;
Schwienhorst-Schönberger, Bundesbuch, 166–168, 182–184.
19. See Schwienhorst-Schönberger, Bundesbuch, 169–170.
20. Houtman, Exodus, 3:187. Marshall (Israel, 108–109) argues: “Some have ques-
tioned the reason for the reduced penalty, conjecturing that since the animal is still
alive, this crime is less morally wrong. This conjecture lacks support, especially since
the fact that the animal was still alive may simply be because the thief could not get rid
of the animal. The law’s origin likely lies in the thief’s voluntary release of the animal
plus an additional gift of appeasement.” For various interpretations, see Schwienhorst-
Schönberger, Bundesbuch, 168–175; Sprinkle, Book, 136–137.
21. It is not clear whether these examples of inversion should be related to Seidel’s
Law, where a later biblical text, when citing an earlier one, reverses the order of the cita-
tion. Levinson has identified the operation of Seidel’s Law in legal texts, specifically in
Deuteronomy as it cites and revises CC, but also in its use of Assyrian treaty materials
(Deuteronomy, 18–20, 34–35, 90–91, 118–119, 139; “You Must Not Add,” 34; “Du solst
nichts hinzufügen,” 172–173; “Manumission,” 321; “Deuteronomy 13:7a,” 239; “The
Birth of the Lemma,” 622 n. 11, 625; “Human Voice,” 54). Levinson speaks not only of
Seidel’s Law proper but also of the “reordering of sources,” which may involve chiastic
or quasi-chiastic formulation.
22. Those who compare the two sets of laws include, for example, Cazelles, Études,
153–154; Rothenbusch, Rechtssammlung, 352–355.
23. I have followed the vocalization of the MT in translating ‫ בשדה אחר‬as “in another
person’s field.” It could be revocalized and understood as “in another field” without sig-
nificant change in legal force. One of the reasons for entertaining the unusual formulation
in the MT is the mention of “the field of another” in HtL 106 (variant reading), which
deals with destroying crops by fire (the text is cited in the next section of this chapter).
Jackson (Wisdom-Laws, 323 n. 37) follows the emendation because one would otherwise
expect the reading ‫“ בשדה רעהו‬the field of his fellow,” consistent with idiom elsewhere in
CC.
24. Some modern translations construe the verse to refer to burning (NEB, REB,
NAB).
25. See generally Heineman, “Early Halakhah”; Ringgren, “‫בער‬.”
26. See Schelbert, “Exodus XXII 4”; Zakovitch, “Ancient Variants,” 60–61.
27. Observed by Zakovitch, “Ancient Variants,” 61–62. If Judges 15 depends on
CC, the mention of both ‫ כרם‬and ‫( זית‬vineyards and olive groves) may reflect these two
localities in the produce abandonment law of Exod 23:11.
28. For “sending” (‫ )שלח‬of “fire” (‫ ;אש‬direct object), see Ezek 39:6; Hos 8:14; Amos
1:4, 7, 10, 12; 2:2, 5; Lam 1:13.
29. NAB, which takes v. 4 to refer to fire destroying a field, sees v. 5 as a conceptual
continuation. It begins v. 5: “If the fire [of v. 4] spreads further, and catches on to thorn
bushes. . . . ”
30. Cf. HALOT 145–146; Ringgren, “‫בער‬.”
31. So Houtman, Exodus, 3:192–193; Jackson, Wisdom-Laws, 322; “Note on
Exodus 22:4”; Rothenbusch, Rechtssammlung, 338–340 (with translation, p. 224);
Schwienhorst-Schönberger, Bundesbuch, 187–192; Toeg, “‫ ;”סוגיית המבעה‬Zakovitch,
“Ancient Variants,” 60. Schwienhorst-Schönberger (p. 188) says that the interpretation
of v. 4 as having to do with grazing is quite certain. He notes that the C-stem ‫ הבעיר‬verb
means to “let feed” in 1 Kings 16:3 and that the D-stem verb in Isa 3:14 has the object
‫ כרם‬with the meaning “consume” (see also Isa 5:5; 6:13).
32. Zakovitch, “Ancient Variants,” 60.
33. The original languages of the plusses are: ‫שלם ישלם משדהו כתבואתה ואם כל השדה‬
‫ ;יבעה‬ποτεσει κ το γρο ατο κατ τ
γνημα ατο ν δ πντα τ
ν γρ
ν
καταβοσ κσ. For the verb ‫( יבעה‬usually emended to ‫ )יבער‬see Jackson, Wisdom-Laws,
322–323 n. 35. Translations that accept the plus include NEB, REB, JB, NJB.
34. See also Cazelles, Études, 65; Houtman, Bundesbuch, 194–195 (cf. Exodus,
3:195); Osumi, Kompositionsgeschichte, 128–131; Rothenbusch, Rechtssammlung, 341.
Jackson (Wisdom-Laws, 325) calls the plus a “legal monstrosity” and argues that it
grew up from a two-pronged interpretation of the term ‫מיטב‬. Bickerman (“Two Legal
Interpretations,” 104) examines the plus of the Greek (and Samaritan) in light of legal
traditions at the time of its formulation and concludes that “from a juristic point of view,
the Septuagint clause is a clear interpolation” (see also the follow-up by Rabinowitz,
“Exodus XXII 4”). Toeg (“‫ )”סוגיית המבעה‬argues that the Samaritan and LXX plus is an
addition that explains the elevated rate of compensation prescribed by MT.
35. For the conjunction with an alternative sense in biblical law, see Brin, Studies
in Biblical Law, 101–103; “Development,” 62; “Uses of ‫או‬,” 25–26; Houtman, Exodus,
3:151.
36. Otherwise, this could be formulated with a clear alternative conjunction, as in
21:37: “and he slaughters it or sells it” (‫)וטבחו או מכרו‬. For 21:16, see chapter 7.
37. Several take the second phrase as epexegetical (Houtman, Bundesbuch, 193–
194; Sprinkle, Book, 139; NJPS). JB and NBJ construe the first phrase incipiently and
generally, “puts out to graze,” which the second phrase then defines. The RSV and
NRSV translate the second phrase as an alternative. Jackson (Wisdom-Laws, 323–324)
gives an interpretation that effectively straddles the two options. He notes that “there
are two clauses within the protasis of the norm [of v. 4], which appear according to the
standard translations to be tautologous—an unacceptable result, given the economy of
expression which is a feature of the drafting of the Mishpatim as a whole.” He thus sees
two clauses referring to different grazing arrangements, and translates: “When a man
causes a field or a vineyard to be grazed, and sends his grazing animal into a different
field.” The first case deals with a case where there is a contract made for grazing. He
says this has a correlation with LH 57, which speaks of grazing contracts. The second
clause defines the specific wrong in that the owner—intentionally—has sent his ani-
mals into another field whose use has not been contracted.
38. For the issue of intentionality in vv. 4 and 5, see Otto, Wandel, 22; Rothenbusch,
Rechtssammlung, 339 n. 467, 340; Schwienhorst-Schönberger, Bundesbuch, 189, 190.
Otto, for example, views v. 4 as dealing with an intentional case and v. 5 with an unin-
tentional case.
39. So Jackson, Wisdom-Laws, 324.

40. For discussion and literature on the term ‫מיטב‬, see Rothenbusch, Rechtssammlung,
341 n. 476. The dispute is often around whether it refers to the best produce or best part
of the field. Jackson (Wisdom-Laws, 325 and his n. 49) interprets ‫ מיטב‬simply as “pro-
duce,” though he notes the other attestations of the term support interpretation as “the
best.” His interpretation of the term is connected with his overall approach to interpret-
ing the laws in such a way that they might be self-prosecuted, without the involvement
of an outside judicial body (see p. 326). Houtman (Exodus, 3:194) takes the term to
mean the “yield” of the field.
41. For the definition of the measures involved, see n. 6.
42. The text of the Hittite Laws is from KBo 6.12 i 17–25, with restorations from
duplicates or logical restoration, following Hoffner, Laws 101–103.
43. For the agricultural terms in CC, see Schwienhorst-Schönberger, Bundesbuch,
190–192.
44. The variant reading is in texts b and i in Hoffner, Laws, 102–103.
45. See n. 23.
46. Rothenbusch (Rechtssammlung, 350) takes ‫“ כרם‬vineyard” in v. 4 as an indica-
tion of local custom. The present textual comparison opens that to question.
47. Those who observe the similarity between these groups of laws include Cazelles,
Études, 154; Otto, Wandel, 19; Rothenbusch, Rechtssammlung, 370–379. Perhaps more
important, Rothenbusch (pp. 379–382) brings LH 262–267 into a comparison. Houtman
(Exodus, 3:199–200) compares many of the laws that will be noted in the discussion
here (LH 9–11, 120–126, 244–249, 264–265; LE 36–37). See n. 53.
48. On the meaning of ‫ מלאכה‬and -‫שלח יד ב‬, see Milgrom and Wright, “‫;”מלאכה‬
Rothenbusch, Rechtssammlung, 366; Schwienhorst-Schönberger, Bundesbuch, 199. For
the nature of this activity, see later.
49. For the difference between abātum and šarāqum, see Westbrook, Studies, 23.
50. For an analysis of the various instances of ‫מצא‬, see Bovati, Justice, 248–249.
51. Other relevant cases of abātum/nabutum in LH include: seizing property (per-
sonal, human) in the “hand of” someone (LH 9, 19); catching fleeing humans (LH 17,
109); catching someone in adultery/incest (LH 129, 130, 131, 132, 155, 158).
52. Though v. 6 follows the condition of LH 22, it does not prescribe execution. The
case in LH 22–23 may presume assault against the victim. In CC, possible violence
against a theft victim is implicit in the burglary law of vv. 1–2a.
53. Rothenbusch (Rechtssammlung, 370–379) examines LE 36–37 in connection
with LH 124–125 (cf. Fensham, “Das Nicht-haftbar-sein,” 28). Jackson (Wisdom-Laws,
356–358) discusses LH 125, LE 37, and the biblical law.
54. For a variant text with bīt Tišpak “house of Tishpak” instead of bāb Tišpak “gate
of Tishpak,” see Yaron, Laws, 64–65; cf. Levinson, Deuteronomy, 114 and n. 44.
55. CAD L 100.
56. For discussion of these laws, see Westbrook and Wilcke, “Liability”; Petschow,
“Beiträge.”
57. Jackson (Wisdom-Laws, 342; see further Jackson, Theft, 239–240) and Wells
(Laws of Testimony, 143) take it as a reference to a person since the property is missing.
The problem with this interpretation is that it does not fit the context of v. 8, which has
been speaking about lost items.
58. The term also occurs in LH 240.
59. Rothenbusch (Rechtssammlung, 364) notes the similarity to LH 9.
60. Those who see v. 8 as a general law include Otto, Wandel, 17, 67–68;
Rechtsgeschichte, 179; Körperverletzungen, 168, 182 (though Otto sees it as an addi-
tion); Rothenbusch, Rechtssammlung, 362. Crüsemann (Torah, 145–147, 164) sees it
as an “axiomatic regulation” or “basic principle,” and Jackson (Wisdom-Laws, 470 n.
237) calls it a “generalizing addition.” Houtman (Exodus, 3:201) says: “22:8 talks more
generally about cases in which someone betrays another person’s trust” (my italics).
61. See Schwienhorst-Schönberger, Bundesbuch, 211.
62. Schwienhorst-Schönberger (Bundesbuch, 211) argues that the topic of animals
in v. 8 is a function of reflecting an earlier basic law that included only vv. 9*, 10bβ,
13a, and 13bβ, which dealt with the death or injury of an animal. Westbrook (“Deposit
Laws,” 396) asks: “Why are asses and the like suddenly brought into the discussion [in
v. 8]?” (cf. Wells, Laws of Testimony, 142). The answer is clear now: it is from the influ-
ence of the topical sequence of LH that CC follows.
63. Otto (Wandel, 15–16) argues that the original version of v. 7 did not contain a
judicial procedure but simply had a requirement that the custodian pay for the loss: ‫אם לא‬
‫“ * ימצא הגנב ישלם לבעליו‬If the thief is not found, he (the house owner) shall pay to its (the
property’s) owner.” This restoration is due to the expectation that the original text in
vv. 6–14 had three cases, each introduced by ‫ כי‬followed by two cases, each introduced
by ‫אם‬, and which had simple repayment or nonrepayment stipulations. His original text
includes vv. 6, 7aα [plus the restored apodosis], 9a, 11, 12, 13, 14a. See the discussion at
Schwienhorst-Schönberger, Bundesbuch, 196–197, 205.
64. Levinson (Deuteronomy, 116; see also pp. 110–116) notes that the term ‫)ה(אלהים‬
in the casuistic laws of CC correlates with judicial activities done ina maar ilim.
He also notes that ‫( שבעת יהוה‬22:10) correlates with nīš ilim. He adds (his n. 48) that
the phrase should not be interpreted “an oath before the Lord” but “an oath (by the
life) of Yahweh” (my renderings). See also Levinson, “First Constitution,” 1876 n. 91;
“Deuteronomy’s Conception of Law,” 105–106, n. 56.
65. CAD B 125, 127–130.
66. CAD E 4–7.
67. Fensham (“Rôle of the Lord,” 264, cf. 271) says: “it is significant that the general
name hā’ĕlōhîm is used in Israelite law exactly as in Mesopotamian law. The Israelites,
of course, understood clearly that it refers to his God, Jahwe, but in spite of this the
proper name was not used instead of the general appellative. In this way, an old form,
which had been used for centuries, has been preserved.”
68. For the sanctuary as the place of adjudication, see Fensham, “New Light,”
160–161; Levinson, Deuteronomy, 110–116; “Kingship,” 520; Loretz, “Nuzi-
Parallelen,” 167–175; Matthews, “Anthropology,” 130; Otto, Wandel, 36; Rothenbusch,
Rechtssammlung, 246–247 and n. 80; Schwienhorst-Schönberger, Bundesbuch, 202,
309. Chirichigno (Debt-Slavery, 231–242), after a discussion of the alternatives and
their weaknesses, concludes that the sanctuary must be metonymically indicated by the
term “the God” in the slave law. Comparative evidence about declarations in Akkadian
sources at temples (e.g., LE 37) plays a role in his and others’ conclusion that
the sanctuary is the locus of the procedure.
69. Schwienhorst-Schönberger (Bundesbuch, 202) notes the verbs of move-
ment in vv. 7 and 8. For him, their lack in v. 10 indicates that it is secondary (see his
p. 198).
70. Gordon compares the idiom of approaching the deity to Nuzian ana ilāni qarābu
“to approach the gods” (“‫אלהים‬,” 143).
71. Other biblical passages that speak about movement to have a case adjudicated
include Deut 17:8–9; 2 Sam 15:2 (cf. vv. 4, 6); 1 Kings 3:16; Job 9:32; 2 Chron 19:10. See
the passages in Bovati, Justice, 212–213, 218–221. See chapter 12, n. 92 on language of
movement in a context of judgment in Exodus 18.
72. For the term ‫פשע‬, see Jackson, Wisdom-Laws, 343; Ringgren and Seebass,
“‫ָשע‬
ַ ‫ פ‬pāša‘,” 139–140. Jackson notes three other passages that use the term in a legal
context to refer to a wrong or crime (Gen 31:36; 50:17; Prov 28:24) and that each of
these occurrences has a family context, concluding that “the term thus appears to con-
note a special relationship between the parties to the dispute.” This specification is not
necessarily warranted. For the term, see also Rothenbusch, Rechtssammlung, 362–363
73. For abālum, see Roth, “Hammurabi’s Wronged Man,” 41–45 (with summary
on pp. 44–45). An element that seems to lie behind this term and ‫ פשע‬is the intentional-
ity of the wrong so caused. This fits the oppression described in 22:20–21 and 23:9 and
the beginning of the exhortatory block that speaks of doing the act of abālum to the
three disadvantaged members of society.
74. See Gordon, “‫אלהים‬,” who compares the Nuzi custom of an oath of the gods,
referring to idols. It is not possible to argue that at an earlier stage of the text the term
was understood as a plural, since there was no discernible earlier stage of the text prior
to the creation of CC in dependence upon LH. It is doubtful that divine images in con-
nection with teraphim, used for oracular consultation (Judg 18:5, 14 [with ‫]פסל‬, 18 [with
‫]מסכה‬, 20 [with ‫ ;]פסל‬1 Sam 15:23; 2 Kings 23:24 [with ‫ ;]גלולים‬Ezek 21:26; Zech 10:2),
should be used to interpret the term ‫ אלהים‬in our passages, even though Exod 22:7, 8, 10
involve oracular confirmation (see later).
75. Adherents of this view include, for example, Crüsemann, Torah, 156 n. 242;
Draffkorn, Ilāni/Elohim”; Houtman, Exodus, 3:116–121, 126–127, 197–198; Jackson,
Wisdom-Laws, 113, 397; Phillips, “Some Aspects,” 357 (= Essays, 119); van der Toorn,
Family Religion, 233–234; Zevit, Religions, 275 (cf. 274–276). The main contextual
support for this interpretation is the ear piercing in 21:6, when understood as symboli-
cally fixing or tying the slave to the owner’s sphere, i.e., his household. This, however,
is not necessarily the meaning of the rite. Sprinkle (Book, 57, 145–146) inconsistently
takes ‫ אלהים‬in 21:6 as figurines of ancestors (with the doorpost being that of the house)
and the ‫ אלהים‬in 22:7, 8, 10 as “God.”
76. Targums Onkelos, Pseudo-Jonathan, and Neofiti read ‫“ די)י(נייא‬judges” in 21:6;
22:7, 8. The Syriac has “judges” (dyn’) in all three cases. The Greek has πρ
ς τ
κριτ ριον τοũ Θεοũ “to the judgment place of God” in 21:6, though νπιον τοũ
Θεοũ “before God” in 22:7, 8 [= 8, 9]. LH 9 shows that deposition before the god
involved the adjudication of judges. One may presume this for CC’s laws as well. But
the term ‫ )ה(אלהים‬itself does not mean judges. Exodus 18 also shows a human judge
involved alongside revelation from deity (see chapter 12, n. 92).
77. For Houtman (Exodus, 3:197, 202), the plural form shows that it cannot refer
to Yahweh (rejecting Loretz, “Ex 21,6; 22,8 und angebliche Nuzi-Parallelen”). The
Samaritan has made the reading easier with a singular ‫“ ירשיענו‬he (Yahweh) convicts
him.” Draffkorn (Ilāni/Elohim,” 217) emends the singular verb in 1 Sam 2:25 ‫וּ ִפלְלוֹ אלהים‬
“God will judge him” to a plural, “the gods judge,” to show plural deities in judgment
(see also BHS on the passage). For plural deities in a context of judgment, see Psalm 82
and my note, Wright, “Blown Away,” 217–218, n. 13. On the basis of this, it is possible to
imagine a plural for ‫ )ה(אלהים‬in CC, if it were not for the other evidence being considered
here.
78. Primarily, Gen 20:13; Josh 24:19; 2 Sam 7:23, but see also Gen 31:53; 35:7. Note
also the plural/singular interplay in Exod 32:1, 8 (cf. Sprinkle, Book, 146). Levinson
(Deuteronomy, 113, n. 43) concludes that “the anomalous plural form [in 22:8] therefore
seems to reflect morphological conformity between the verb or adjective and the plural
ending of ‫ אלהים‬but need not imply that the given phrase is plural in meaning” and
translates the phrase in Exodus 22:8 “he whom God indicts shall pay.” While we may
not want to interpret this as an honorific plural, CC is fond of this usage for humans.
The plural of ‫“ בעל‬master” is used of an animal owner (21:29, 34, 36; 22:10, 11, 13, 14)
and the plural of ‫“ אד)ו(ן‬master” of a slave owner (21:4, 6, 8, 22).
79. The Greek has a second person here: κα ο δικαισεις τ
ν σεβ “you shall
not justify the wicked.” It adds a motivation for this: νεκεν δρων “because of gifts.”
The Greek appears to reflect a secondary smoothing to fit the context of the surround-
ing laws and assimilates the context to the next verse on bribes (δρα there). The Greek
has also changed the motive particle ‫“ כי‬because,” which introduces the phrase in MT
to a simple conjunction.
80. The reference to the “wicked” in the phrase of 23:7 correlates with the “wicked”
in its partner verse (23:1), and these instances correlate with the mention of “wicked”
persons in the future-king passage of the exhortatory block.
81. One may also wonder if the plural in 22:8 is also an attempt at archaizing. See
the plurals in Gen 31:53 and 35:7, of the ancestral “God.”
82. For various views, see Jackson, Wisdom-Laws, 338, 479; Seebass, “Noch ein-
mal zum Depositenrecht,” 22–26.
83. So HALOT 61a. For positive examples, see Song 7:13; Esther 4:14. An alternate
interpretation, hard to sustain on the basis of the lack of other attestations, is to take ‫אם‬
as equivalent to the conjunction ‫ כי‬marking indirect speech (so Sprinkle, Book, 147; he
translates p. 144: “the houseowner . . . is to draw near to God . . . , swearing that he made
no trespass against his fellow’s property” [my italics]; he says the two conjunctions
might have been viewed as interchangeable in this syntactic context because they are
interchangeable as conjunctions introducing protases in the context of the CC).
84. See Jackson, Wisdom-Laws, 331–344, 401; “Modelling,” 1809 (and 1807–1816);
cf. Houtman, Exodus, 3:198; Schwienhorst-Schönberger, Bundesbuch, 202–203. Some
modern translations of v. 7, for example, follow this interpretation: RSV “the owner
of the house shall come near to God, to show whether or not he has put his hand to
his neighbor’s goods”; NRSV “the owner of the house shall be brought before God, to
determine whether or not the owner had laid hands on the neighbor’s goods”; NEB “the
owner of the house will have to appear before God for it to be ascertained whether or
not he has laid hands on his neighbour’s property.”
85. It is not the concern of this study to determine what oracular means were used
to make judicial and extrajudicial (e.g., military) decisions, as indicated by the idiom
to “inquire of God/Yahweh” (‫ )שאל באלהים\ביהוה‬or “seek Yahweh/(the) God” (‫דרש\בקש‬
‫)את יהוה\]ה[אלהים‬, or to solve associated conundrums of the nature of the Urim and
Thummim, the ephod, and teraphim, all associated with divination. It should only be
noted that many questions posed to the deity are yes-no questions or questions that
might be delimited by a series of yes-no or multiple-choice questions, as in the cases
of Achan and Jonathan (Judg 1:1; 18:5; 20:18, 23; 1 Sam 14:37–38; 1 Sam 10:22; 23:2,
4, 9–12[n.b.]; 28:6; 30:7–8; 2 Sam 2:1[n.b.]; 5:19). This study also cannot enter into the
sociology of who would have been responsible for such divination: judges (?), priests
(Deut 33:8; Num 27:21; Judg 18:4–5; 20:27–28; 1 Sam 14:37; 22:9–10, 13, 15; 23:9;
30:7–8; Hos 3:4?), prophets (1 Sam 9:9; 1 Kings 22:5, 8; 2 Kings 1:2, 3, 6, 16; 3:11; 8:8;
22:13, 18; Jer 21:2; Ezek 20:1; 2 Chron 18:4, 7; 34:21), or judge-prophet-priest Moses
(Exod 18:15; 33:7). Judgment and prosecution of a case are imagined to occur before
or in association with the deity (Exod 18:15; Job 5:8). See de Vaux, Ancient Israel,
349–353.
86. Modern translations displaying this interpretation in v. 7 include NJPS, JB,
NJB, NAB, NEB.
87. Jackson (Wisdom-Laws, 338) would dissociate v. 10 from the interpretation
of v. 7 because, in his view, they are from different hands and periods. This cannot
be accepted in view of basic influence from LH on both verses. Westbrook (“Deposit
Laws,” 391–392), who views the laws of 22:6–12 holistically, says that v. 10 refers to an
oath, whereas v. 7 refers to an oracular judgment. Cf. Wells, Laws of Testimony, 142.
Rothenbusch (Rechtssammlung, 356–357) discusses the suggestion that a requirement
of replacement is missing in v. 7 and may have fallen away. He concludes that the pro-
cedures in vv. 7 and 8 are different (oath versus ordeal; p. 357 n. 545). Verse 10 is like
v. 7 and does not require payment. See also Rothenbusch, Rechtssammlung, 357 n. 546.
88. Frymer-Kensky, Judicial Ordeal, 131–184, 481–535. The accused may not have
died in the ordeal (see her pp. 530–534). Compare the punishment of being cast into
the river or water in LH 129, 133b, 155. For biblical ordeals, see Num 5:11–31; 16:5–11,
16–19, 35.
89. Compare similar language in Zeph 3:2 and Num 27:5.
90. Judg 1:1; 18:5; 20:18, 23, 27; 1 Sam 10:22; 14:37; 22:10, 13, 15; 23:2, 4; 28:6; 30:8;
2 Sam 2:1; 5:19, 23; 16:23; 1 Chron 14:10, 14.
91. On the relationship of 22:8 to Exod 18:13–27, see chapter 12, n. 92.
92. HtL 93–95 (cf. 96–97) deal with burglary. These do not feature capital punish-
ment, and nothing is said about a house owner killing the burglar. For comparative
analysis of LE 12–13, see Rothenbusch, Rechtssammlung, 351–352. Cazelles (Études,
153) compares the biblical law with LH 21.
93. The two roots in the two languages (‫ חתר‬and palāšum) are essentially synony-
mous. Apart from the use of the noun in Jer 2:34, which references CC (“you did not
find them digging in” ‫)לא במחתרת מצאתים‬, the Hebrew root ‫ חתר‬is used for digging into
houses (Job 24:16) or through a wall (Ezek 8:8; 12:5, 7, 12). It is used cosmically of
digging into the underworld (Amos 9:2). In a transferred sense, it is used of rowing—
“digging”—through water with oars (Jonah 1:13). The Akkadian verb palāšum means
generally to “perforate” or “pierce” and includes the specific meaning of “making a
breach” in a wall or house. A pilšum “breech” is what is made by the action, as in LH
21. A mupalliš bīti is a “burglar” (CAD M2 209).
94. LE 12 is similar to LE 13. It speaks of a person who is seized “in the field of
commoner in the sheaves.” LE 12, like LE 13, also makes a distinction in the time when
the person is found. If he is found at midday, he is fined; if at night, he is put to death.
95. Note Gen 31:39, which refers to stealing an animal at day or at night.
96. Jackson, Wisdom-Laws, 26, 310. He notes that 22:1 assumes that burglary would
normally take place at night, and he compares Job 24:14, 16 (cf. p. 309–310). Therefore,
there is no reason to consider 22:2a to be an addition to a basic law consisting only of
22:1. The source analysis here also points to the unity of 22:1–2a.
97. Evidence does not allow for an explanation of the similarity between the bur-
glary law in the Roman Twelve Tables, dated to c. 450 BCE but whose laws are actually
known only by their scattered citation by various later Latin writers. The burglary laws
(8. 12–13) state: “12If a thief commits a theft by night, if the owner kills the thief, the
thief shall be killed lawfully (si nox furtum faxsit, si im occisit, iure caesus esto).
13
By daylight . . . if a thief defends himself with a weapon . . . and the owner shall shout.
(luci . . . si se telo defendit, . . . endoque plorato)” (translation Johnson, Coleman-Norton,
and Bourne, Ancient Roman Statutes, 11; Latin text, Riccobono, Fontes Iuris Romani
Antejustiniani: Pars Prima: Leges, 57–58). These are homicide laws like CC’s law.
They include the difference between night and day killing. The order of the laws is the
same as in CC. The similarity may be coincidental. Westbrook (Studies, 41; cf. 71–72;
see also Westbrook, “Twelve Tables,” 103) has argued for a genetic connection of the
Roman laws to the ancient Near East (but see chapter 1, n. 40). Jackson (Wisdom-Laws,
192 n. 109) allows this as a possibility but is less certain than Westbrook. For a critique
and bibliography, cf. Otto, Körperverletzungen, 17–18 and n. 3. For a discussion of
these laws in connection with the biblical burglary law, see Wells, “Covenant Code,”
26. For an introduction to the Twelve Tables in general, see Knoppers and Harvey, “The
Pentateuch,” 114–118.
98. Schoneveld (“Le Sang,” 339–340) has argued that -‫“ דמ]ים[ ב‬blood on” is dif-
ferent from -‫“ דמ]ים[ ל‬blood for.” The former means that the blood is on the mur-
derer; i.e., bloodguilt has attached itself to him, and he is liable to death. The latter
means that the victim has blood, meaning that blood vengeance is to be exacted
for him. This is followed by Houtman, Exodus, 3:189–190; Jackson, Wisdom-Laws,
310 n. 79; Schwienhorst-Schönberger, Bundesbuch, 175–176, 184; and similarly
Milgrom, Leviticus 17–22, 1456–1457. For other discussion, see Barmash, Homicide,
98; Sperling, “Bloodguilt.” For blood guilt as pollution, see Wright, “Deuteronomy
21:1–9,” 394–395 and n. 24 there. A related issue is the pronominal referent of ‫“ עליו‬on
him” in v. 2. Houtman (Exodus, 3:190) believes it refers to the animal owner or keeper.
Although pronominal referents can shift without clear contextual notice, all the per-
sonal pronominal referents in v. 1 refer to the burglar; hence the referent here should
be the burglar.
99. Schwienhorst-Schönberger (Bundesbuch, 177) argues that v. 2a does not refer
to a burglar caught in the daylight in the act but finding a thief in the day time who had
broken in at night. He had already committed the theft. Rothenbusch (Rechtssammlung,
343) says that the victim of the theft (the householder) may simply be given more lati-
tude at night since possibilities for aid are limited.
100. For its intrusiveness, see Otto, Wandel, 19–20; Rothenbusch, Rechtssammlung,
342; Schwienhorst-Schönberger, Bundesbuch, 162–168. Daube (“Civil Law,” 400) in
another context has referred to the ordo difficilior of a text as a sign of originality (noted
by Levinson, Deuteronomy. 109 and n. 27). Not every difficult reading, however, can
be considered original, especially when other logical considerations for the revision or
relocation of materials can be observed or imagined. For Daube’s view on the position
of the burglary laws, see the next note.
101. One could alternately place the burglary law after v. 7. But v. 8 makes better
sense as a sequel to v. 7. Placing the burglary law after v. 8 distances it too much from
the context of vv. 6–7. Budde (“Bundesbuch,” 106) and Jepsen (Bundesbuch, 37 n. 3;
cf. Baentsch, Bundesbuch, 42) argue that the original location of 22:1–2a was after v. 3
(so the RSV). This puts the law closer to its present position and may allow for an easier
explanation of accidental relocation. Daube (“Codes and Codas,” 74–99) sees 21:37
and 22:1–2a as original. Verses 2b and 3 were added as supplements to this basic block
of laws following his principle of end position supplementation. Thus the odd position
of vv. 1–2a is an artifact of redactional development. See Westbrook, Studies, 112–113,

who points out flaws in Daube’s argument.
102. 21:37 does not state a locale for ‫במחתרת‬, which appears suddenly in the context
of 22:1. The use of the definite article in ‫בַמחתרת‬, if this is thought to point to a previ-
ous context (see n. 1), makes better sense after v. 6. The comparative analysis makes it
unlikely that ‫ מחתרת‬refers to tunneling into an animal pen (the view of Jackson, Theft,
49–51, 155–156; Schwienhorst-Schönberger, Bundesbuch, 185–186).
103. Even though vv. 1–2a are not exactly suited to their present position, their topic
does generally relate to the context of 21:37 + 22:2b–3. There are conceptual and ter-
minological correlations: ‫“ גנב‬steal/thief” (21:37 and 22:1); ‫“ נמצא‬be found” (22:3 and
22:1); ‫“ אין לו‬he does not have” (22:2b and 22:1 and cf. 2a).
104. The dependence of CC on a wide range of theft laws, including robbery laws,
has implications for Jackson’s analysis of the categories of theft, robbery, and brigand-
age in CC and biblical law (cf. Wisdom-Laws, 303–312). CC may not have explicitly
encoded every type of theft in its laws, but it appears to have considered such in its use
of LH. The use of the robbery laws of LH 22–23 may have influenced the use of the verb
‫ צדה‬in the homicide law (21:13), if this concretely refers to lying in wait (but see chapter
6), and the verb ‫ נשבה‬in 22:9, if this means “driven away” by human agency.
105. See Levinson, Deuteronomy, 116, on the alternating structure of vv. 6 and 7,
compared with LE 36 and 37.
106. Otto (Rechtsgeschichte, 68–78) argues that the placement of the law about
lethal sanctions (22:1–2a) in the middle of laws about payment for theft in 21:37 and
22:2b–3 is similar redactionally to the placement of the burglary laws of LE 12–13
in the middle of tariffs in LE 7–11 and 14(–15). See also Schwienhorst-Schönberger,
Bundesbuch, 187 (and compare Rothenbusch, Rechtssammlung, 352 n. 529).
107. Marshall, Israel, 88–89, 92; Mazar, Archaeology, 485–489; Shiloh, “Four-
Room House”; Stager, “Archaeology of the Family,” 11–12. Jackson (Wisdom-Laws,
297 n. 21) explains the juxtaposition of 21:37 and 22:1–2a by the construction of sheep-
folds out of mud or rough stonework. Zevit (Religions, 557 n 153) says that ‫“ מחתרת‬may
refer to a subterranean (or at least an unconventional) entranceway into a structure.
The verb need not imply undermining a house or knocking down a wall, but simply
the removal of obstacles to provide easy and direct access.” This seems unlikely in the
comparative context. It may be that a law like LH gap¶e (= Richardson § 68+b) influ-
enced the position of the burglary law. This law deals with a field through which there is
access for a burglar to dig into a house. Exodus 21:37–22:3 may use such an association
of field and house to first describe a case of outdoor theft of an animal, complemented
by a case of house burglary.
108. Given the foregoing reasons for placing the burglary law with the animal
theft law, it is not clear why it was specifically placed after 21:37 and not after 22:3.
It may have to do with legal chronology. The apprehension of the thief in the break-
in and his being killed would occur in the course of events before a thief’s paying
the fivefold or fourfold penalty (22:2b) or the animal’s being found in his possession
(22:3). Therefore, the burglary law is placed at the first breathing point in the animal
theft series. It is not placed before 21:37 because it needs that first law for context.
Rothenbusch (Rechtssammlung, 344) says the placement of the burglary law may be to
give it emphasis by making it more visible. Sprinkle (Book, 131–132) says that the bur-
glary law is placed after the fourfold or fivefold penalty in 21:37 to indicate that despite
this severe fine, “the thief’s life is not forfeit unless due to a compounding threat to the
owner of a break-in by night.”
109. For views on the strata in the animal theft and burglary law (21:37–22:3), see n. 2.
As for the crop destruction laws (22:4–5), Otto (Wandel, 22) sees the verses as a unit
that was later combined with the other precollected units that constitute 21:33–22:14.
Schwienhorst-Schönberger (Bundesbuch, 192, 234; see further in this note) believes
vv. 4–5 are an addition, made at the same time that vv. 6–8 were added. Hence v. 9
originally followed from v. 3, confirmed by their both talking about an ass or a flock
animal. Of course, this contiguity can be explained as resulting from dependence on
the sequential template that CC follows. It is precisely in vv. 4–8 that CC significantly
deviates from the template by means of cross-referencing to other laws dealing with
other topics than animal theft or injury.
The deposit laws (22:6–8) are usually considered in connection with the unit 22:6–
14. Within this block, Otto (Wandel, 14–19, 60; “Die rechtshistorische Entwicklung
des Depositenrechts,” 154–158; “Diachronie”) sees 22:6, 7aα*, 9a, 11, 12, 13, 14a as
original (for his reconstruction of the original apodosis of v. 7aα*, see n. 63). This
original text has a homogeneous style with three main cases, each with two subcases.
Verses 7aβb, 8, 9b, 10 are an addition from one editor. After being constituted as a unit,
22:6–14 was taken up by the redactor who brought together the various ‫ ישלם‬-laws (see
also Otto, “Interdependenzen,” 353; for critique, see Osumi, Kompositionsgeschichte,
126). Schwienhorst-Schönberger (Bundesbuch, 205–207, 210–211, 309) says the origi-
nal law consisted of vv. 9a (without ‫)וכל בהמה‬, 9bα, 10bβ, 13a, 13bβ. This dealt only
with animals given for deposit or borrowed and that die or are injured. This topic
gave rise to the group of laws on deposit in vv. 6–8 (a unity in and of itself), to which
stratum also belong vv. 11–12, 13bα, and 14. (One of his points is that “silver” in CC,
as in v. 6, appears only in late layers of CC.) The rest of the material in vv. 6–14 (i.e.,
‫ וכל בהמה‬in v. 9a, as well as 9bβ–10bα, which includes the “oath of/to Yahweh”) is a
third layer. He says that vv. 6–8 are a rather late addition, dependent on Deut 17:8–13
and 1:17. Rothenbusch (Rechtssammlung, 367–370) says that Otto’s and Schwienhorst-
Schönberger’s identification of strata in vv. 6–14 is too fine. He thinks that vv. 9–14
could have been reformulated in connection with vv. 6–7; he believes that v. 10 was
formulated on the basis of v. 7. Jackson (Wisdom-Laws, 470; cf. Jackson, Theft, 101)
sees vv. 6–8 as secondary, with vv. 6–7 from a Deuteronom(ist)ic editor and v. 8 from a
priestly editor. He says that vv. 6–8 are not original since their dealing with silver and
objects interrupts the larger context of animals, the judicial procedure for the bailee
in vv. 6–8 is different from that of the shepherd in vv. 9–12, and the term ‫ מלאכה‬has
the meaning “property” only in a late text (2 Chron 17:13; in earlier texts, it refers to
animals: Gen 33:14; 1 Sam. 15:9; its early use is found in Exod 21:10). Verse 8 is appar-
ently later than 6–7 because it generalizes and diverges from casuistic form. Several
view v. 8 as secondary (see the list in Rothenbusch, Rechtssammlung, 357 n. 546). For
the primary character of vv. 6–8, see chapter 10 at n. 4. Seebass (“Noch einmal zum
Depositenrecht,” 28) argues that 22:6–13, 14b is a compositional whole, with v. 14a
added for clarification.
110. Another potential sign of stratification in the larger collection is the contradic-
tion between v. 7 (where a custodian is not liable when a theft occurs) and v. 11 (where
a shepherd must pay when an animal is stolen). This contradiction is explained in
chapter 10.
Chapter 10
1. Rothenbusch (Rechtssammlung, 379–382) compares 22:6–12 with LH 262–

267; Jackson (Wisdom-Laws, 349–350 n. 96) briefly compares vv. 9–12 with LH 266;
Fensham (“Das Nicht-haftbar-sein,” 30; “Rôle,” 266) compares vv. 9–10 with LH 266
and v. 10 with LH 267.
2. For the infinitive of ‫רעה‬, see Gen 37:12; 1 Sam 17:15; 2 Sam 7:7 (// 1 Chron 17:6);
Ps 78:71. For ‫ רעה‬and ‫ שמר‬used together of animals with ‫נתן‬, see Gen 30:31.
3. Schwienhorst-Schönberger (Bundesbuch, 204) says this last item is secondary.
4. Schwienhorst-Schönberger, for example, argues that vv. 6–8 are secondary; see
chapter 9, n. 109.
5. Cf. in Exod 9:3; Deut 2:15; Jackson, Wisdom-Laws, 349–350 n. 96.
6. For the verb ‫שבה‬, see Rothenbusch, Rechtssammlung, 359. Jackson (Wisdom-
Laws, 345, 359; cf. 305–306) considers the verb secondary on the basis of logic: how can
the person in v. 10 “take” it if the carcass is not available? Schwienhorst-Schönberger
(Bundesbuch, 200) considers the verb secondary since it does not appear in v. 13.
7. Jackson (Wisdom-Laws, 305–306) translates “driven away” and says it is a case
of brigandage with a human agent; Houtman (Exodus, 3:203) says that “theft by a gang
of robbers is to be distinguished from theft by a single individual (see 22:11).” Sprinkle
(Book, 150–151) says ‫ נשבה‬refers to rustling, “an act of force majeure,” as opposed to
‫גנב‬, simple theft. Theft, therefore, is the result of negligence; rustling cannot be stopped.
Cazelles (Études, 70) notes: “il ne s’agit pas d’un vol mais d’une razzia . . . ; le vol est le
fait d’un ou deux individus, la razzia le fait d’un collectivité, d’un tribu par exemple,
et le gardien est impuissant.” Another solution, of course, is to emend the text to remove
the problem, as Jackson does (Wisdom-Laws, 344–359, with the emended text on
p. 354–355).
8. Wildberger (Isaiah 1–12, 241) observes on the passage: “One knows: It [a lion]
will pounce upon its prey right away and haul it off so that it can swallow it down in a
safe place.”
9. Cassuto, Exodus, 287. Jackson (Wisdom-Laws, 346–348) discusses these bibli-
cal passages and their relevance for v. 9. The verb ‫ שבר‬in both of these passages refers to
injury, not death. In particular, note that the verb in 1 Kings 13:26 needs the companion
verb ‫“ המית‬kill” to indicate that the result of lion attack was death. The verb in v. 28
indicates that the lion had not even injured the prophet’s accompanying ass, let alone
killed it. Thus the event indicated by the verb ‫ נשבר‬in Exod 22:9, to the extent that it
entails predatory attack, is distinct from the event indicated by ‫ טרף‬in v. 12. The latter
verb means the prey has been killed. NJPS renders the verb in 1 Kings 13:26, 28 most
suitably as “maul.” Jackson (p. 348) believes in the end that ‫ נשבר‬in the context of CC
refers to accidental injuries, as opposed to animal attack, which is left for Exod 22:12.
10. The term may have also been chosen because of its phonological resonance with
‫נשבה‬. The two terms are nearly a word pair and conceptually and phonologically belong
together. See the use of the two verbs together in Isa 61:1; Ezek 9:6.
11. Schwienhorst-Schönberger (Bundesbuch, 199–200) says that the Yahweh oath
cannot refer to the death or injury of the animal, only its disappearance (‫)נשבה‬. But the
term -‫“ שלח יד ב‬put forth the hand on” can involve violent actions, and thus the death or
injury of the animal fits well under its umbrella (Gen 37:22; 1 Sam 24:7, 11; 26:9, 11; 2
Sam 18:12; Dan 11:42; Neh 13:21).
12. The LXX has the equivalent of ‫( אלהים‬ρκος . . . το θεοũ “oath of God”) instead
of Yahweh. Houtman (Exodus, 3:203) notes that this does not mean that “Yahweh” is not
original.
13. Schwienhorst-Schönberger, Bundesbuch, 194, 195, 200–201, 210. He says that
it is the insertion of an orthodox redactor. He believes (p. 202) that v. 10 is simply an
oath in contrast to a divine judgment in vv. 7–8. For various views about the redactional
development of 22:9–13, see chapter 9, n. 109.
14. Roth’s numbering (Law Collections, 99); = Borger, Lesestücke, §75+e;
Richardson, Hammurabi’s Laws, §5.15 (pp. 70–71); ANET §96 (pp. 169–170).
15. D of epēsum. For this verb, cf. see LH 47.
16. See Schwienhorst-Schönberger, Bundesbuch, 203–204, for various interpreta-
tions. He concludes that the owner accepts the oath. Jackson (Wisdom-Laws, 345, 354)
does not think that the oath can be the object because this would be legally redundant.
He emends the text so that it refers to the animal keeper’s retention of the carcass.
Whatever redundancy is perceived here, this is largely to be attributed to following LH.
Westbrook (“Deposit Laws,” 400–402) makes the unlikely argument that ‫ולקח בעליו‬
means “the owner took,” referring to the owner’s having taken the animal and that is
one reason it is missing in the first place. For a critique, see Jackson, Wisdom-Laws, 350
n. 97.
17. So, for example, the Mekhilta Nezikin 16 (Lauterbach, Mekilta, 3:124) says the
owner takes the carcass to dispose (‫“ טפל‬take care of”) of it. Jackson (Wisdom-Laws,
351) finds it difficult that the owner should be given possession of the animal, since in
other laws, the one who killed an animal retains it and pays a fine (21:33–34, 36). Again,
to the extent this is an inconsistency, it is a function of sources.
18. So Schwienhorst-Schönberger, Bundesbuch, 205, 210 (and see chapter 9, n. 109).
19. CAD P 425–426 says that this may refer to a cattle disease and notes a possible
connection with pessû “crippled, deformed” (CAD P 327–328). It occurs only in OB
texts. CAD (p. 426) notes that the noun, however, seems to refer to a “contagious dis-
ease”; this judgment appears to be based on the use of the verb šubšûm in LH 267. The
noun pissatum appears next to aliqtum “stray (animal)” in other texts. These constitute
two situations for which a shepherd is responsible for replacement. AHw 856–857 lists
the noun under pessû “lahmend, hinkend.” For the adjective pessû, CDA 273 gives
“of sheep, damaged by neglect.” Roth, Law Collections, 130: “mange(?).” Richardson,
Laws, 258: “disease”; Szlechter, Codex, 168, 171: “le tournis” (“staggers”).
20. CAD P 426 pissatu B, related to the verbal root pasāsum “to erase” (CAD P
218–221; AHw 838; CDA 268). CDA 275 under pissatu gives the meaning “erasure,”
saying that it derives from pasāsu.
21. Note that despite the apparent contradiction, Schwienhorst-Schönberger puts
v. 11 on the same compositional level as vv. 6–8 (Bundesbuch, 207–208, 210; see chap-
ter 9, n. 109).
22. So Schwienhorst-Schönberger, Bundesbuch, 207–208.
23. On the issue, see Jackson, Wisdom-Laws, 356–357 n. 124. It has been argued
that animals, as opposed to property kept in a house, would have been kept outside and
would have required greater vigilance to protect them. Hence their loss would have
involved negligence (see Paul, Studies, 93, which uses LH 267 as an illustration of neg-
ligence in connection with 22:11).
24. Despite the possible influence of the Israelite four-room house, in which ani-
mals were kept, on the position of the burglary laws in 22:1–2a (see chapter 9 at n. 107).
25. Another explanation of the contradiction between v. 11 and vv. 6–7 is to sup-
pose that the respective custodians received different amounts of compensation. If an
animal keeper received more than an in-house bailee, then he would have more respon-
sibility for guarding the property. See the discussions at Houtman, Exodus, 3:204;
Rothenbusch, Rechtssammlung, 358.
26. See also LH 105, 236, 237.
27. Schwienhorst-Schönberger (Bundesbuch, 207) says that v. 11 breaks the “tight
context” of the original text he proposed, consisting of vv. 9a*, 9bα, 10bβ, 13a, 13bβ
(see chapter 9, n. 109).
28. An avenue not developed in v. 11 is what happens if the thief is found. We
assume that in such a case, the thief would pay the fine prescribed in the animal theft
law of 21:37 + 22:2b–3. On the assumption that the owner would not receive both the
payment from the thief and the custodian, CC would not require payment from the
custodian if the thief were found. This means that v. 11 only refers to a case where the
thief has not been found, as in v. 7.
29. For critical issues relating to the reading of this verse, see Jackson, Wisdom-
Laws, 348–349 n. 89, especially that ‫“ הטרפה‬torn flesh” may go with the first verbal
clause in the verse and is in apposition to the objects mentioned there: “he will bring it,
i.e., the torn carcass, as a witness.” See also Fensham, “‘d in Exodus xxii 12”; Houtman,
Exodus, 3:204; Sprinkle, Book, 151. Note that ‫ טרפה‬in 22:30 may be a gloss.
30. Fensham (“‘d in Exodus xxii 12,” 338) compares LH 266.
31. Rothenbusch (Rechtssammlung, 384–386) brings LH 244–249 into comparison
with CC.
32. Gen 37:31–33, bringing Joseph’s cloak to his father, reflects this custom
(Jackson, Wisdom-Laws, 349). For Near Eastern practice, see Jackson, Wisdom-Laws,
348–350 nn. 90, 96; 352–354.
33. So, for example, Cassuto, Exodus, 288; Childs, Exodus, 476; Dillmann, Exodus,
264–265; Houtman, Exodus, 3:205; Propp, Exodus 19–40, 252; RSV/NRSV; NEB/
REB; JB/NJB; NAB.
34. So the LXX; Jackson, Wisdom-Laws, 362–363; Noth, Exodus, 185; Rothenbusch,
Rechtssammlung, 361.
35. See Jackson’s description, cited in the main part of the chapter, later. Crüsemann
(Torah, 165) describes the case as one of a poor person renting his animal to a rich per-
son and renders “if he were a hired worker, only the hiring fee is due,” adding that this
“suggests that harm to the animal was included in the wage agreed upon.”
36. So Crüsemann, Torah, 165 Noth, Exodus, 185. Houtman (Exodus, 3:205–206)
objects because the wages would not cover the loss of the animal.
37. A third option in this series could be listed: “he (the owner) gets to keep his (the
hired person’s) wage.” This is an unlikely option.
38. So Cassuto, Exodus, 288; Childs, Exodus, 476; Houtman, Exodus, 3:205;
Sprinkle, Book, 154; cf. Dillmann, Exodus, 265; NAB (“this was covered by the price
of its hire”); RSV note (“it is reckoned in its hire”).
39. NJPS (“he is entitled to the hire”); NJB (“he will get the cost of its hire”); cf. JB
(“he shall settle for the price of its hire”).
40. Ehrlich, Mikrâ Ki-Pheshutô, 1:181. He says even though the animal dies early in
the period of rental, the renter needs to pay for the entire time. Some stand between the
last two options: NEB/REB (“only the hire shall be/is due”); NRSV (“only the hiring
fee is due”).
41. Exod 12:45; Lev 19:13; 22:10; 25:6, 40, 50, 53; Deut 15:18; 24:14; Isa 16:14; 21:16;
Mal 3:5; Job 7:1, 2; 14:6.
42. See n. 45.
43. Jackson, Wisdom-Laws, 363.
44. For objections to taking ‫ שכיר‬as “hired worker” see Childs, Exodus, 449, 476.
45. See the discussions of Rothenbusch, Rechtssammlung, 360; Fuhs, “‫ ָשׁאַל‬šā’al.”
Rothenbusch says that ‫ שאל‬could mean “to rent.” He also says that the differentiation
of ‫ שאל‬and ‫ שׂכר‬in the Mishnah (Baba Mesi‘a 8:1) is a late distinction. His discussion
therefore assumes that vv. 13–14 deal with animal rental. Houtman, in contrast, takes
‫ שאל‬to refer to borrowing (Exodus, 3:205).
46. Cf. Childs, Exodus, 444; Jackson, Wisdom-Laws, 362.
47. Childs (Exodus, 476) notes the problem.
48. Propp (Exodus 19–40, 252) suggests a related interpretation: “in addition to the
rental fee, there was a security deposit, to be refunded upon the ox’s safe return but in
this case forfeited, so that it is included in the hire.”
49. Rothenbusch (Rechtssammlung, 360) compares LH 271.
50. LH 271 is similarly concerned with payment, though it does not use this specific
term.
51. Rothenbusch (Rechtssammlung, 384–386) compares LH 244–249 to vv. 13–14.
52. This is not unrelated to the issue of beating and killing a slave in 21:20–21. A
slave, like a beast of burden, must be beaten to get him or her to work.
53. On the parallelism of vv. 6, 9, and 13, see Rothenbusch, Rechtssammlung, 355–
356, 363.
55. The lack of animals as objects in 22:13 reminds one of CC’s failure to clearly
describe the daughter sold for debt-slavery in 21:7 as a wife or to mention in the protasis
of the ox law in 21:36 that a victim had been killed. CC’s revisions sometimes intro-
duced infelicities into its text.
56. It has been argued that HtL 76 and 78 distinguish between renting and bor-
rowing (Jackson, Wisdom-Laws, 360, referring to Neufeld). While law 78 does deal
with rental (with the verb kussaniya), law 76 deals with seizing because of debt (verb
appatariya). Puhvel (Dictionary, 1:98) defines the latter verb as “seize (as pawn to
compel payment of debt), take in pledge, distrain; make seizure, levy distress, exer-
cise distraint.” He regards as “improbable alternative suggestions” translations such as
“lend, lease, hire, borrow” (p. 99). HW2 A 170 translates the verb “(Tiere) sich aneignen,
requirieren, beschlagnahmen.” Neufeld’s translation of HtL 76 (“If anyone borrows an
ox, a horse, a mule (or) an ass and it dies with him on the spot, he shall bring it and shall
give (the price of) its hire”; my italics), which Jackson cites, cannot be relied upon for
comparative analysis. See Hoffner, Laws, 82, 84.
57. For those who believe v. 14b is secondary, see chapter 9, n. 109.
58. See Schwienhorst-Schönberger, Bundesbuch, 210.
59. Schwienhorst-Schönberger (Bundesbuch, 197–198, 210) sees this criterion as
secondary, mainly because he seeks to create from vv. 13–14 a concise law that would
balance the concise law that he proposed as original from vv. 9–12. See chapter 9,
n. 109.
60. Rothenbusch (Rechtssammlung, 227–232) analyzes the issue of intent in the laws
on injury to persons and damage or loss of property. He notes (p. 403): “ . . . spielt die
Verschuldenshaftung bzw. die Differenzierung von vorsätzlicher oder unvorsätzlicher
Schädigung in der kasuistischen Rechtssammlung des Bb [CC] eine dominierende

Rolle, ja kann vielleicht als Hauptcharakteristikum der Sammlung überhaupt betrachtet
werden.”
Chapter 11
1. No doubt this shift was enabled by the possibility of metaphorically conceiving

of deity as a king in Israelite-Judean theology more broadly. See Brettler, God Is King.
2. For the notion of Privilegrecht, see Halbe, Privilegrecht, passim; cf. Osumi,
Kompositionsgeschichte, 60. Schwienhorst-Schönberger (Bundesbuch, 285 and pas-
sim) attributes most of the first-person speech, as well as divine sanctions and ratio-
nales in CC, to a “Gottesrechtsredaktor,” a redactor focusing on law proclaimed with
the divine voice (see chapter 12, nn. 15, 25, 27, 32, 37). Gerstenberger (“ ‘Apodiktisches’
Recht,” 15) represents a standard view: “Die Entwicklung hat in Israel zu einer späten
Theologisierung und Jahwisierung eines ursprünglich recht pragmatisch-neutralen
Fallrechtes geführt. Die Jahwerede im Bundesbuch gehört ebenso wie die Gottesrede
im Deuteronomium und ‘Heilighkeitsgestz’ zum späten Redaktionsstadium der alten
Gesetzessammlungen für die normale Torgerichtsbarkeit. Diese Stilisierung zeigt aber
einen grundlegenden Ortswechsel hinsichtlich des Textgebrauchs an. Die Jahwerede ist
eine rhetorische Form, die nur als mündlicher oder Lesevortrag vor einer versammelten
Gemeinde denkbar ist.” See also Gerstenberger, Wesen und Herkunft, 28–30, 55–57, as
well as Albertz, “Theologiseirung”; Fensham, “Extra-biblical Materials,” 57–60; Otto,
Wandel, 49, 58, 69–75.
3. On the ideology of the first person in the prologue and epilogue, see Levinson,
“First Constitution,” 1864–1865; Otto, “Bedeutung,” 166–168 (he says Yahweh took
over the functions of OB kings in pursuing justice for the marginalized); Yaron,
“Evolution,” 89–95. See n. 41 later.
4. The ultimate reason for the prohibition of images in CC, such as a supposed lack
of divine statues among nomadic peoples (so Dohmen, Bildervebot, 178), is not a con-
cern of this study. The immediate reason for the prohibition in CC is a reaction to the
royal and religious customs portrayed in LH.
5. For why CC does not have a transitional introduction to its final apodictic laws
parallel structurally to the introduction to the epilogue, see chapter 3.
6. For this as it applies to the figure Moses, see Lenzi, Secrecy and the Gods, 361–
373; cf. Houtman, Exodus, 3:94–95.
7. Here pseudonymy entails not only ascription to divine authorship (“theonymy,”
according to Levinson, Deuteronomy, 34 n. 22; cf. Levinson and Zahn, “Revelation
Regained,” 307) but also the fiction of revelation to Moses as prophetic mediator of
the content of the revelation. For the ideology of pseudepigraphic reformulation, see
Levinson, Deuteronomy, 6, 34, 47–48, 150; “You Must Not Add,” 12–19, 43–44; “First
Constitution,” 1871 and n. 63; “Human Voice,” 38, 40; “Hermeneutics of Innovation,”
157–161; “Du sollst nichts hinzufügen,” 162–167; L’Herméneutique, 24–30; Legal
Revision, 22–33.
8. This is not to say that kings did not decree or legislate. Occasionally, biblical nar-
rative presents David as being able to overturn law or legislation. Barmash (Homicide,
32–34) discusses the assertion of the king’s will in 2 Sam 14:1–17. The story of the failed
conveyance of the ark in 2 Samuel 6 also has David inventing improved ritual practice
(see Wright, “Music and Dance”). Barmash (Homicide, 20–70) studies examples of the
Israelite or Judean king acting in the context of judicial procedures. Cf. Walzer, “Legal
Codes,” 341–342.
9. See chapter 4 and n. 116 there.
10. The translation is from Parpola and Watanabe, Neo-Assyrian Treaties, 33–34.
11. Levinson (“Deuteronomy 13:7a,” 237) notes that “Deuteronomy’s authors
inverted the loyalty oath by wielding the genre against its imposers and transforming
it into an oath of loyalty to Israel’s divine sovereign, Yahweh.” Levinson also observes
broadly (“First Constitution,” 1863) that Israelite writers “drew upon the Mesopotamian
concept of a royal propounder of law but also radically transformed it in light of their
own cultural and religious priorities. They transformed precedent by making the royal
legislator of biblical law the nation’s divine monarch, Yahweh. In that way, the ancient
Babylonian generic convention of the royal voicing of law ironically provides an impor-
tant legal and intellectual source for the distinctively Israelite concept of divine rev-
elation.” See also Heger, “Source of Law”; Leemans, “ammurapi as Judge”; Otto,
“Treueid,” 44–46. For the Mesopotamian king as lawgiver in LH, see Ries, Prolog und
Epilog, 40–51; Whitelam, Just King, 207–220.
12. For almum in Akkadian texts, see Livingstone, “Image,” 448–450; CAD
78–85. Some scholars have seen a polemic in CC’s altar law, but against Canaanite cult
customs (cf. Schwienhorst-Schönberger, Bundesbuch, 287, 295 n. 48).
13. Dohmen (Bilderverbot, 154–179, esp. 178–179) says v. 23 is connected concep-
tually with v. 24, a view shared by Houtman, Exodus, 3:99–100. Dohmen says that
the original kernel consisted of v. 23b (originally with second-person singular refer-
ences instead of the present plural) and 24aα and that these constituted the introduc-
tion to CC. This original wording “formuliert die konstitutiven Elemente des Kultes
negativ und positiv” (p. 179). For discussions of Dohmen’s view, see Otto, Wandel,
5; Schwienhorst-Schönberger, Bundesbuch, 292. Heger (Three Biblical Altar Laws,
28–29) sees a contrast between vv. 23 and 24 but attributes this to a redactor. Osumi
(Kompositionsgeschichte, 83, 189) rejects Dohmen’s interpretation. Phillips (“Fresh
Look,” 41; Essays, 27) notes that “the prohibition of metal images and the command to
build an earthen altar are part and parcel of one idea—the purification of Israel’s sanc-
tuaries to a much simpler and primitive form.” Tigay (“Presence of God”) argues for the
coherence of 20:23–26. Schmitt (“Altargesetz,” 273–275) argues that vv. 22–23 cohere
as a unity and that if v. 22 is an addition to the context, so is v. 23. Boecker (Recht und
Gesetz, 118) separates v. 23 from vv. 24–25 as formally and contextually independent
parts. It is not clear that v. 22 in fact is an addition (see chapter 12 n. 83). For the chiastic
structure of v. 23, see chapter 3 n. 45. See, too, chapter 12, n. 13.
14. Zevit, Religions, 280; “Earthen Altar,” 55–56. He compares Naaman’s load of
dirt in 2 Kings 5:17. Others have viewed the altar as consisting of clay brick (Conrad)
or a staged podium altar (Zwickel), noted by Schmitt, “Altargesetz,” 270. Related to this
theme, Zevit recently argued (in a paper at the national meeting of the Society of Biblical
Literature, Boston, Nov 2008) that the motif of “seeing God” in CC and elsewhere in
the Bible (23:15, 17; see chapter 3, n. 30) should be understood from a phenomenological
point of view as emotionally experiencing, not physically seeing, the deity in connection
with his cult symbol. In CC the focus of the experienced manifestation would be over
the altar. This would then be consistent with CC’s rejection of images in 20:23 and con-
nected with the deity’s self-proclamation in 20:24 and theophany in Exod 19.
15. Compare Gen 12:7; Josh 22:21–34, where the altars serve to evoke memory.
16. For an important related passage in the curse section of the epilogue, see chapter
12 on CC’s relationship to the narrative of the book of Exodus.
17. On the originality of the first-person verb in CC, see chapter 3, n. 47.
18. See n. 21.
19. Chapter 3 speculated about different meanings for these two brief prohibitions.
20. The exculpatory “oath by Yahweh” (‫ )שבועת יהוה‬in 22:10, which refers to an oath
in whose utterance the divine name would be spoken, entails name pronouncement at
the sanctuary, though this is not connected with a festival or sacrificial performance.
See chapters 9 and 10.
21. The verb ‫ הזכיר‬with direct object ‫ שם‬meaning to “memorialize/proclaim a
name,” with a meaning similar to name memorialization in LH, is found of humans
in 2 Sam 18:18 and Ps 45:18. According to the first passage, Absalom sets up a “pillar”
(‫ )מצבת‬in the Valley of the King, because, as the text represents him to say, “ ‘I have no
son to memorialize/proclaim my name (‫ ;’)בעבור הזכיר שמי‬so he called the pillar by his
name (‫)ויקרא למצבת על שמו‬, and it has been called Monument of Absalom (‫ )יד אבשלם‬to
the present time” (2 Sam 18:18). In Ps 45:18, the biblical psalmist or divine voice says of
the king: “I will memorialize/proclaim your name in all generations” (‫אזכירה שמך בכל דר‬
‫)ודר‬. The adverbial here is similar to ana dār “forever” in the LH passage (for more on
this passage, see chapter 12, n. 58).
Other passages are less relevant. The verb ‫ הזכיר‬with direct object ‫ שם‬is used for
declaring loyalty to deity (Isa 26:13) and naming a human (Isa 49:1). Other instances
of ‫ הזכיר‬in connection with deity have the preposition -‫ ב‬plus ‫“ שם‬name” and refer
to invoking divine aid (Ps 20:8; perhaps Amos 6:10 belongs here; cf. Wolff, Joel and
Amos, 283) and mentioning or calling upon gods (Josh 23:7, see the main discussion; Isa
48:1). Otherwise, the verb ‫ הזכיר‬is found with deity as direct object for remembering the
god (Isa 62:6) or with the -‫ ל‬preposition in a context of praise (Isa 12:4; 1 Chron 16:4; for
‫ הזכיר‬as a verb of praise, see Isa 63:7; Ps 71:16; 77:12). For name announcement in Exod
3:15 and similar language in Ps 135:13, see chapter 12, n. 58. For some discussion of
CC’s name proclamation idiom, see Schwienhorst-Schönberger, Bundesbuch, 398–399.
Because of the uniqueness of CC’s idiom, it is difficult to use the exilic or postexilic
date of some of the passages just cited to date Exod 20:24 and 23:13b as late, as argued
by Hossfeld, Dekalog, 185 (he in particular compares Josh 23:7, which for him is DtrN).
See Eising, “‫ זכר‬zākhar,” 73–77.
The idiom ‫“ קרא בשם יהוה‬call on the name of Yahweh” and similar formulations
overlap to some degree with the foregoing idioms (cf. Isa 12:4) but are not strictly
equivalent to ‫הזכיר ]ב[שם‬. See Gen 4:26; 12:8; 13:4; 21:33; 26:25; Exod 34:5; 1 Kings
18:24 (cf. 25–26); 2 Kings 5:11; Isa 12:4; 41:25; 64:6; 65:1; Joel 3:5; Zeph 3:9; Ps 116:4,
13, 17; Zech 13:9; Pss 79:6; 105:1; 1 Chron 16:8; cf. Ps 99:6; 1 Chron 21:26; 2 Chron
6:33. The most comparable is Exod 33:19, where the deity says that he will make his
goodness pass before Moses and “I (Yahweh) will call out/proclaim (in) the name
Yahweh before you” (‫)וקראתי בשם יהוה לפניך‬. In the fulfillment, Yahweh calls out his
name twice (cf. 34:5–6). On the phrase in the material attributed to J in Genesis, see
the end of chapter 13.
22. Weinfeld, Deuteronomy and the Deuteronomic School, 84 n. 1; 321 (point 4); cf.
Boling and Wright, Joshua, 524, 526. See the previous note.
23. Levinson, “Is the Covenant Code an Exilic Composition?” 314; see generally
pp. 302–315.
24. Levinson, “Is the Covenant Code an Exilic Composition?” 315.

25. Rothenbusch (Rechtssammlung, 554) compares Yahweh’s descent in theophany
in the surrounding narrative to his coming in 20:24.
26. See Fleishman, “Offences,” 23, for the synonymy of ‫ ארר‬and ‫קלל‬. Exod 22:27
has terminological and conceptual correlations with the law about cursing parents in
21:17 in the central casuistic laws (cf. Schwienhorst-Schönberger, Bundesbuch, 367).
27. See the discussions of Fensham, “Rôle,” 265; Jackson, Wisdom-Laws, 425 n.
193; Marshall, Israel, 151–153; Schwienhorst-Schönberger, Bundesbuch, 361–364;
Speiser, “Background”; van der Ploeg, “Les chefs,” 48–51.
28. Using this term for dating CC is problematic, even according to standard analy-
ses, which see the apodictic laws as late additions to the basic casuistic laws.
29. Levinson (“Is the Covenant Code an Exilic Composition?” 296) says “the non-
mention of a monarch may simply reflect the literary model [in LH] after which the
casuistic laws of the Covenant Code are patterned, as well as the desire to present
Yahweh as the divine monarch who proclaims law.” For the king in the administra-
tion of justice in the Near East, see Jackson, “ ‘Law’ and ‘Justice’ ”; Yaron, “Social
Problems”; and n. 11 in this chapter.
30. For the use of ‫ נשיא‬as a polemic substitution for ‫“ מלך‬king,” see Ezek 12:10;
19:1; 21:17; 22:6; 45:16, 22; 46:2–3, 8–9. 1 Kings 11:34 uses ‫ נשיא‬of the king, though not
in a derogatory sense. The antimonarchic tendency in Deuteronomy 17 (cf. Levinson,
“First Constitution,” 1853–1888) leads one to wonder whether Deuteronomy read CC’s
portrayal (or lack thereof) of the local king as inherently unsympathetic.
31. Cf. Levinson, Deuteronomy, 22.
32. Rofé, “Qumranic Paraphrases,” 163–174 (summarized in Zakovitch, “Ancient
Variants,” 57).
33. For the term ‫ אלהים‬in these verses, see also Houtman, Exodus, 3:231–233.
Despite the focus on divine name in 20:24 and 23:13b (and as we see in chapter 12,
the apparent connection of the revelation of Yahweh’s name in Exod 3:15 with CC),
Yahweh’s name only appears four times in CC, with only two of these instances in the
apodictic laws (22:10, 19; 23:17, 19). But Hammurabi’s name appears only six times
total in LH (cf. Richardson, Hammurabi’s Laws, 334).
34. It is doubtful that the appearance of ‫“ אדן‬lord, master” toward the end of CC
(23:17) plays against the appearance of the term, used of human owners, in the casuistic
laws (mainly at the beginning of the casuistic laws: 21:3, 4, 5, 6 [bis], 8, 32). The term
‫“ בעל‬lord, owner,” cognate with Akkadian bēlum, also appears in the casuistic laws and
is used of owners of animals (21:28, 29 [bis], 34, 36; 22:10, 11, 13, 14), a woman (i.e., a
husband; 21:3, 21), a house (22:7), and a pit (21:34).
35. For a general study of the concept of deity blessing humans, see Mitchell,
Meaning of Brk, 29–78.
36. The šēdum and lamassum in the passage may have been concretized as figures
guarding the temple (Wyatt, “Calf,” 181; see the citations in CAD L 65a). Thus they are
distinguishable from the “gods that enter the Esagil.” The protective demons, the gods
that enter, plus the “brickwork” of the temple, provide a rather comprehensive list of
supernatural entities. All these assure the omens or reputation of Hammurabi before the
chief gods. On the cosmic-theological significance of brickwork, see Edzard, “Deep-
Rooted Skyscrapers,” 18–21.
37. AKA 87 vi 92 as cited in CAD E 269a.
38. ABL 65 r. 4 as cited in CAD E 269b.
39. ABL 735 r. 5 as cited in CAD E 260b.

40. Thompson, Esarhaddon, pl. 18 vi 10 as cited in CAD E 260a.
41. On the primacy of this theme in LH, see Fensham, “Widow, Orphan, and the
Poor,” 130–132. The protection of widows and orphans is a common theme of Near
Eastern literature and was expected of kings in the ancient Near East (cf. Levinson,
“Kingship,” 515–516; “First Constitution,” 1878–1879). Westbrook (Studies, 15) notes
that the royal duty of protecting the poor has been taken over in the Bible by the deity.
For analysis of CC’s laws on poverty, see Hamilton, Social Justice, 82–83; Schwantes,
Das Recht der Armen, 53–83. Otto (“Ausdifferenzierung eines altisralitischen Ethos
aus dem Recht”) traces the supposed redactional development of concerns about the
poor.
43. See Yaron at chapter 3, n. 17.
44. For the listing of the immigrant, widow, and orphan together, see Deut 10:18;
14:29; 16:11, 14; 24:17, 19, 20, 21; 26:12, 13; Jer 7:6; 22:3; Ezek 22:7, 29; Zech 7:10; Mal
3:5; Pss 94:6; 146:9. While some believe the collocation of the trio in CC derives from
Deuteronomy’s usage (e.g., Krapf, “Traditionsgeschichtliches”), the relationship must
actually be the reverse (see the discussion later and chapter 12, nn. 2, 4). Lev 19:33–34
also depends on CC (even though it mentions only the immigrant, and not the widow
and orphan; see chapter 13, n. 22). Other biblical passages list just the widow and
orphan together (Isa 1:17, 23; 9:16; 10:2; 49:11; Ps 68:6; 109:9; Job 22:9; 24:3; Lam 5:3).
The association of these two alone is part of long-standing tradition. The association is
found, outside the Bible, in the early Reforms of Uru-Inimgina (c. 2351–2342): “Uru-
inimgina made a compact with the divine Nin-Girsu that the powerful man would not
oppress the orphan (or) widow” (translation from COS 2:408). On these socially mar-
ginalized individuals, see Galpaz-Feller, “The Widow”; Gowan, “Wealth and Poverty
in the Old Testament”; Hiebert, “Biblical Widow”; Houtman, Exodus, 3:221–223;
Lohfink, “Poverty”; Osumi, Kompositionsgeschichte, 197–198; van der Toorn, From
Her Cradle, 134–140; “Torn between Vice and Virtue”; Van Seters, Law Book, 131;
Weiler, “Zum Schicksal der Witwen und Waisen”; Zobel, “Das Recht der Witwen und
Waisen.” See chapter 12 for the possible influence of an unknown source or tradition
for the foundation of CC’s prohibition against oppressing a widow and orphan in 22:21.
45. This interpretation is attractive in the context of this study because it would
provide a stronger tie to the “Hebrew slave” at the beginning of the casuistic laws (21:2),
i.e., the immigrant, though a foreigner in Judah, would be still be a Hebrew. Jackson
(Wisdom-Laws, 248 n. 47), who accepts the interpretation that the ‫ גר‬is an Israelite/
Judean who has been separated from his tribal land (so Van Houten, The Alien, 18–20;
“Remember That You Were Aliens,” 227 n. 11), says that “with inter-tribal trade, [the
‫ ]גר‬could well be an Israelite debt-slave.” For other studies and observations about the
immigrant, see Bennett, Injustice Made Legal, 38–48; Bultmann, Fremde; Crüsemann,
Torah, 182–183; Marshall, Israel, 148–149 (and 146–151 more broadly on the poor);
Osumi, Kompositionsgeschichte, 164–167; Spina, “Israelites as gērîm.”
46. See the excursus “ ‘Egypt’ in Hosea” in Wolff, Hosea, 145–146, for a discussion
of passages about (northern) Israel and the Exodus tradition (cf. especially Hos 2:17).
47. It cannot be argued that the Egypt rationales in 22:20 and 23:9 are secondary
and that before this addition the term ‫ גר‬had a different meaning in CC, referring to
immigrant Israelites from the north. The rationales must be considered original. See
chapter 12.
48. Crüsemann (Torah, 186) notes that the term ‫ נשה‬is negative, whereas the term ‫לוה‬
is positive (cf. 2 Kings 4:1–2). See also Osumi, Kompositionsgeschichte, 54–55. Hossfeld
and Reuter (“‫ נשׁא‬nāšā’ ” 59) conclude that the root refers to “a particularly unscrupu-
lous, profit-oriented form of lending directed specifically at one’s needy fellow citizens.”
On interest laws in the Hebrew Bible, see Gamoran, “Biblical Law against Loans on
Interest”; Kapelrud, ““‫ָשך‬ ַ ‫נ‬,” 63–65; Kessler, “Das hebräische Schuldenwesen,” 181–184;
Klingenberg, Zinsverbot, 13–56, Lipinski, “Nešek”; Loewenstamm, “‫ ;”נשך‬Neufeld,
“Prohibitions against Loans”; Osumi, Kompositionsgeschichte, 198–200; Stein, “Laws
of Interest.” It is not important for us to decide here exactly what type of interest is
intended in CC, though ‫ נשך‬of 22:24b is usually seen as an amount subtracted in advance
from the loan amount (as opposed to ‫ תרבית‬or ‫ מרבית‬in other passages, which are amounts
added to the principal). Other Pentateuchal interest laws include Deut 23:20–21 and Lev
25:35–38. The first passage reflects the full version of 22:24 (with v. 24b). It takes the
root ‫ נשך‬and turns it into a Leitwurzel, using it seven times, similar to Deuteronomy’s
emphatic use of the root ‫ שמט‬in 15:1–11, based on the single use of the root in Exod
23:10–11. The Holiness Legislation passage (Lev 25:35–38) was also created in view
of CC’s law, since that chapter otherwise knows the laws of CC (compare Lev 25:2b–7
with Exod 23:10–11). Lev 25:35–38 shares with CC the idea that it is the poor specifically
who are not to be charged interest (as opposed to Deuteronomy). Yet Leviticus 25 also
appears to know Deuteronomy’s law because it refers to “brother,” “silver,” and “food,”
found in Deuteronomy’s law. The passage in the Holiness Legislation is further second-
ary to Deuteronomy because it nuances between ‫ נשך‬and ‫תרבית‬, whereas D uses only
‫נשך‬. Thus there is a linear development: Exod 22:24 to Deut 23:20–21 to Lev 25:35–38. A
study of the meaning of ‫ נשך‬and ‫ תרבית‬must take into consideration this textual evolution.
On the interest prohibition, see also Ezek 18:8, 13, 17; 22:12–13 (which correlate roughly
with the Holiness Legislation stage of evolution); Ps 15:2; Prov 28:8; Neh 15:1–13.
49. “My people” (‫ )את עמי‬in 22:24a may be an addition that intends to generalize the
law beyond loans to the poor. The Greek has “to your brother” (τ δελφ) instead of
the equivalent of “my people.” For the view that the loans are consumption or subsis-
tence loans, see Gamoran, “Biblical Laws on Loans on Interest”; Hejcl, Zinsverbot, 93;
Houtman, Exodus, 3:219; Marshall, Israel, 144.
50. Kessler, “Das hebräische Schuldenwesen,” 183–184. He notes that a pledge may
be a person (Job 24:9; cf. Neh 5:2), a means of production necessary to life (a hand
mill or millstone, Deut 24:6; animals, Job 24:3; fields, houses, and vineyards, Neh 5:3),
or a garment “als wichtiges Gebrauchsgut” (p. 183). For clothing as pledge, see Deut
24:12–13, 17; Amos 2:8; Prov 20:16; 27:13; Job 22:6; 24:9–10. For other passages about
pledge taking, see Deut 24:10–11; Ezek 18:16.
51. For a discussion of the interest laws in a Near Eastern context, see Hejcl,
Zinsverbot, 91–97. He stresses the uniqueness of the biblical laws and therefore their
lack of connection to Mesopotamian custom.
52. Other loan and interest laws appear in LH 48–51, gap¶a (= Borger, Lesestücke,
66), gap¶1 (= Richardson, Hammurabi’s Laws, §5.2), gap¶t-y (= Borger, Lesestücke,
70+d, 71+d, 72+d, 72+e, 73+3, 74+e; Richardson, Hammurabi’s Laws, §§5.9–14). A
system appears in LH: the interest rate on silver loans was 20% and the rate on grain
was 33⅓% (Maloney, “Usury and Restrictions on Interest-Taking,” 10, 20; Marshall,
Israel, 143–144; Szlechter, “Le prêt,” 19–22; Yaron, “Evolution,” 86). Maloney con-
cludes (p. 10): “Hammurabi’s compilation of laws clearly seeks to better the condition
of the debtor by limiting profits on loans and by checking the usurer’s greed through
a series of detailed enactments.” Marshall’s math for production of crops leads to the
actual rate of 1% for grain, “hardly an exorbitant amount” (unless a crop fails).
53. See Lindenberger, Ancient Aramaic and Hebrew Letters, 109–110 and discus-
sion 107–108; Naveh, “A Hebrew Letter,” 135–136.
54. See the next note.
55. Otto (Wandel, 38, 40–43) believes that CC at one the major redactional stage
consisted of 21:2–22:26. The redactor of this level also added the phrases about
Yahweh’s hearing the cry of the poor, which reflect royal associations. He says (pp. 50,
53) that, in contrast, divine king motifs are absent from 22:28–23:10, a sign that this
block was originally distinct from what precedes. This difference is actually a func-
tion of the different parts of LH that were used. For the tradition of connecting king to
justice in West Semitic tradition, see Niehr, “Constitutive Principles.”
56. The prayer of the wronged man starts: “Hammurabi, the lord, who is like a
begetting father to his people . . . ” (col. 48:20–22). See also the passage, cited toward the
beginning of this chapter and that precedes the exhortatory block, which describes the
benefits that Hammurabi achieved (col. 47:9–58). Also to be compared are the various
epithets of Hammurabi that are enumerated in the prologue and that describe his gra-
cious acts (col. 1:50–5:13).
57. Stackert (Rewriting, 129–135) has convincingly argued that the law refers to
leaving produce in a field, not leaving the field fallow. The feminine singular object
pronouns on the verbs at the beginning of 23:11 refer to ‫“ תבואה‬produce,” and the verb
‫ שמט‬means “drop, let fall, strip off.” Deuteronomy 15:1–11 completely revises the con-
ception of ‫שמִטה‬. Its emphatic repetition of the term is indicative of this transforma-
tion. The Holiness School (Lev 25) in turn revises the conception of ‫שמִטה‬, replacing
Deuteronomy’s use of the term with the alliteratively similar root ‫ שבת‬and interpreting
the CC law as a fallow law.
58. So Houtman, Exodus, 3:252; C. Wright, “What Happened Every Seven Years,”
130–131.
59. The seventh day here is not called a ‫שבָּת‬, nor is the language of sanctification or
a death penalty for work associated with it. Levin (“Der Dekalog am Sinai,” 171–173,
esp. 173 and n. 15 there) has argued that it is the Decalogue that identifies the “Sabbath”
with the seventh day of rest, an identification not yet made in Exod 34:21, upon which
the Decalogue relies, according to his argument, and which itself relies on 23:12. Prior
to this identification and in the monarchic period, the “Sabbath” was the day of the full
moon (referring to 2 Kings 4:23; Isa 1:13; Hos 2:13; Amos 8:5). For the relation of the
Decalogue to CC, see chapter 12. For attempts to deal with the history of the “Sabbath,”
see Andreasen, Old Testament Sabbath; “Recent Studies of Old Testament Sabbath”;
Bettenzoli, “La tradizione del šabbāt”; Hasel, “New Moon and Sabbath”; Robinson,
Origin and Development.
60. Houtman (Exodus, 3:257) observes that the listing of persons in the seventh-day
law “is not meant to be restrictive, but is used as an example.”
61. Beyerlin (“Paränese”) has argued that the laws of 20:24–26 and 22:20–23:19
are primary and that the casuistic laws of 21:1–22:29 have been inserted into their
midst (followed by Halbe, Privilegrecht; summarized by Otto, Wandel, 74–75). Pfeiffer
(“Transmission,” 101) has similarly argued that the casuistic body was inserted late into
the apodictic “collection of ritual and humanitarian prescriptions,” and more particu-
larly, the ritual laws were the primary kernel of CC, to which humanitarian laws were
added.
62. Jackson, Wisdom-Laws, 107–108; also 439.

63. Crüsemann (Torah, 156) says that 21:2–6 is not for the protection of the poor,
“but a regulation that in the majority of cases must have forced male slaves into perma-
nent slavery.”
64. Hanson (“Theological Significance,” 116–131) struggles with the contradiction
between passages in CC that display a discriminatory tendency (e.g., laws about slaves
and women) versus those that promote the ethical treatment of the poor. He notes the
majority of discriminatory laws are in the casuistic section, and the ethical laws are in
the apodictic sections (pp. 117–118). His solution is to attribute the contradictions to a
protracted oral and literary process that created CC.
65. This perspective is already stressed in the prologue of LU, and LH reflects this
tradition. See Klíma, “Die juristischen Gegebenheiten in den Prologen und Epilogen,”
159–160; Otto, “Bedeutung,” 153–155; Westbrook, Studies, 11–13. Otto notes that the
weak person, widow, and orphan are primarily concerns in the prologue and epilogue.
Within Hammurabi’s casuistic laws, a widow appears only in LH 177, and there are no
laws with the weak person (enšum) or orphan girl. See also n. 44.
66. On the protection of the poor in the Bible in general, see Amos 2:7; 4:1; 5:11;
8:6; Pss 72:13; 82:4; 113:7; Prov 14:31; Job 31:16; Brin, Studies in Biblical Law, 74–89;
Houtman, Exodus, 3:240; and nn. 41, 44, 65 in this chapter.
67. It is not clear that the prohibition on boiling a kid in its mother’s milk is origi-
nally ethical in orientation. Labuschagne (“You Shall Not Boil”) says that it sought to
prevent cooking a firstborn animal in its mother’s milk, which when first coming in had
a reddish color and hence was like eating blood, to which there was an aversion (e.g.,
Gen 9:4; Lev 7:26–27; 17:10–14; Deut 12:16, 23; 15:23). Milgrom (“You Shall Not Boil”)
says it grows out of the principle of not mixing death and life. Sasson (“Seething a Kid”)
argues that the law means not to prepare a kid in the “fat” of its mother and thus prohib-
its slaughtering a young animal with its mother (realized as a general law in Lev 22:28).
68. Cooper (“Plain Sense,” 17–18) has argued that the rule in 23:5 means that one
must in fact leave alone the burdened animal of an enemy and that 23:4–5 “are con-
cerned with the proper character and venue of reciprocity. . . . one has every right to
behave vengefully towards an enemy. But the best way to achieve satisfaction is not to
commit a crime against his innocent beast.” Magonet (“Ownership,” 165) argues that
23:4–5 have to do with outlining the nature of interpersonal relationships, including
those with enemies, in the broader context of 23:1–9. Huffmon (“Exodus 23:4–5,” 273,
276) observes that these verses imply similar treatment of an animal belonging to one
who is not an adversary.
69. Noted by Marshall, Israel, 154, n. 58. Barbiero (L’Asino del nemico, 92–104)
compares 23:4–5 with wisdom literature and notes similarities to Prov 24:17–18; 25:21–
22, and various passages in the Egyptian Instructions of Amenemope and other Near
Eastern wisdom works. These similarities have to do with attitudes toward and treat-
ment of enemies, not about lost or suffering animals.
70. See Gen 16:7–13; 21:17–21. Deut 10:18; Isa 1:23; 9:16; 10:2; Ezek 22:7; Mal
3:5; Pss 68:6; 94:6; 146:9; Prov 15:25; 23:11. See the discussion at Houtman, Exodus,
3:223–224.
71. See nn. 3, 11, 41, 55 in this chapter.
72. For this frame, see Crüsemann, Torah, 113; Halbe, Privilegrecht, 413–424;
Houtman, Exodus, 3:81, 95; Schwienhorst-Schönberger, Bundesbuch, 22–28, 232;
Sprinkle, Book, 37; Wright, “Fallacies,” 144.
73. Deut 27:2–8 and Josh 8:30–35 reflect directly or ultimately the altar law in CC.
The first passage is composite, with a basic command to erect stones that are to be
plastered and on which obligations are written, vv. 2–4, 8, and an inserted command
to build a stone altar in the fashion prescribed by CC in vv. 5–7. Josh 8:30–35 conflates
the composite elements of Deut 27:2–8 in its description of the fulfillment: it has Joshua
building only an altar, on whose stones the instruction is written. Thus the similarity
of a cult object with law obligations written on it in Joshua 8 to Hammurabi’s law stela
appears to be coincidental. See Anbar, “The Story about the Building of an Altar”;
Heger, Three Biblical Altar Laws, 4, 38–56; Hossfeld, Dekalog, 183; Na’aman, “The
Law of the Altar”; Nihan, “Torah”; Zevit, Religions, 277–278; “Earthen Altar.” See
chapter 12, n. 77.
74. Heger (Three Biblical Altar Laws, 59, 63, 72, 75–76) notes that the altar of 20:24
has no form or dimensions but is simply a pile of earth, low to the ground (cf. Robertson,
“Altar of Earth,” 18–21). Zevit (Religions, 278–280; cf. 199) similarly conceives of it as
piled earth or stones, but perhaps about 75–90 cm high, with a surface area of 3.1–4.0
meters, and with a ramp to mount it. He notes (p. 280) that “the dumping of earth to the
minimum implicit height would tend to produce a structure more round or oval than
square,” and that “undressed stone, of course, could have been manipulated to produce
a squarish structure with rounded corners.” He also compares various archaeologically
attested altars (pp. 159, 169). See also the review of various ideas about the connec-
tion of this prescription with archaeological finds in Osumi, Kompositionsgeschichte,
156–161, 180–181.
75. For the use of hewn stone in the building of Solomon’s temple and palace, see 1
Kings 5:31–32; 6:7 (which reflects the spirit of CC’s law); 7:9–11. Olyan (“Why an Altar
of Unfinished Stone”) argues that natural stones are considered whole and hence legiti-
mate and holy, a view accepted by Zevit, Religions, 278, but rejected by Heger, Three
Biblical Altar Laws, 54–57.
76. Jacob’s and Laban’s pile of stones is a “witness” (‫ )עד‬between them (Gen 31:44,
46, 48, 50). The altar that the trans-Jordan tribes built in Joshua 22 is also a “witness”
(‫ ;עד‬cf. v. 27, 28, 34), though its form is not described. It appears to be a more formally
built structure, described as “a visibly large altar” (‫ ;מזבח גדול למראה‬v. 10).
77. Dohmen (Bilderverbot, 171–175) views the altar of earth as a holdover from
nomadic times that assures the proper manipulation of blood as a Lebenselement that
belongs to the deity alone. Heger (Three Biblical Altar Laws, 58, 61, 72, 75–76, 77–87,
391) similarly sees in CC’s law the reflection of nomadic society, a temporary altar
erected at any place that the divine presence might be perceived.
78. It is not clear if the prohibition of stairs is connected in some way with the
ziggurat. The term ziqquratum is not used in LH, but the associated term, gegu(n)-
nûm, is. In the list of beneficial acts performed on behalf of the various city cults in
the prologue, Hammurabi is the one “who establishes the foundations of Sippar, who
dressed in green the gegu(n)nûm-shrine of Aya” (2:24–28). The term gegu(n)nûm often
appears in apposition to ziqquratum in other literature (CAD G 70a). The Tower of
Babel story, which probably refers to the Etemenaki ziggurat in Babylon, provides evi-
dence of knowledge of ziggurat form more or less contemporary with CC, if the story
is from the Neo-Assyrian period rather than the Neo-Babylonian period (see chapter 13
on dating the material attributed to J in Genesis post-CC). The ziggurat in Babylon was
known in the Neo-Assyrian period (e.g., Sennacherib destroyed part of the Etemenanki
in a campaign against Babylon, and Esarhaddon rebuilt the structure: see passages
cited at CAD Z 130b; cf. Edzard, “Skyscrapers,” 13–17). Because the biblical story is
about primordial history, it can thus speak about custom in Babylon, which has cultural
precedent in Mesopotamian tradition over Assyria, even at a time when Assyria was
dominant. For a discussion of the redaction, Near Eastern context, and meaning of
Genesis 11:1–9, see Abusch, “Two Passages,” 3–5; Hiebert, “Tower of Babel”; Rose,
“Nochmal: Der Turmbau Babels”; Seybold, “Der Turmbau zu Babel”; Uehlinger,
“Bauen wir uns eine Stadt”; Weltreich und “eine Rede” (Uehlinger’s detailed study
leans away from a connection of the original version of the story with the ziggurat but
nonetheless argues that the story is a response to Neo-Assyrian concerns; for detail on
ziggurat issues, see his pp. 181–253). Other possible evidence of knowledge of the zig-
gurat form in the Neo-Assyrian period in Judah is the wedding-cake structured altar
described in Ezekiel 43:13–17 (see Wright, Disposal, 149–155), if this reflects to some
extent the form of the altar in the Jerusalem temple prior to its being destroyed by the
Babylonians. Ezekiel’s altar may or may not be connected with Ahaz’s altar in 2 Kings
16 (cf. Wright, Disposal, 154–155, n. 21). For the latter structure, see the considerations
of Cogan, Imperialism, 73–77; Cogan and Tadmor, 2 Kings, 192–193; Rothenbusch,
Rechtssammlung, 465, 578–580; Smelik, “New Altar”; Weinfeld, Deuteronomy and the
Deuteronomic School, 182.
79. The passage on the appeals court in Deut 17:8–13 is similar in general tenor and
context to the wronged-man passage. Levinson (“First Constitution,” 1877) describes
Deuteronomy’s requirement in terms similar to a festival: “In the process of establish-
ing the central sanctuary as the High Court, Deuteronomy also radically revises the tra-
ditional form of cultic justice. The changes involve the locus of cultic justice, access to
which now requires pilgrimage to the central Temple” (my italics). Levinson’s descrip-
tion shows that it is possible to associate a description of judicial review at a sanctuary
with the concept of pilgrimage.
80. For estimates of the original text, see chapter 12 n. 37. Wagenaar (“Post-Exilic
Calendar Innovations”) understands ‫“ חדש האביב‬month of Aviv” to mean “suitable time
in the season of ears.”
81. The wronged-man passage has enveloping phrases: “let a wronged man who has
a case come before the statue of me, the king of justice” (awīlum ablum ša awātam
iraššû ana maar almīya šar mīšarim lillikma), paralleled by “let him pray this before
Marduk my lord” (annītam liqbīma ina maar Marduk bēlīya). This correlation was
noted by Hurowitz (Inu Anum īrum, 33–34) in connection with a broader structural
analysis. It is just in these phrases that we find travel to the cult and ceremonial perfor-
mances. Osumi (Kompositionsgeschichte, 37) observed a chiastic structure in 23:14–17
in which vv. 14 and 17 are parallel members.
82. Here it should be noted that CC does not depend on the festival and other
laws in Exod 34:10–26. I allowed for this in an early paper (Wright, “Compositional
Logic,” 112 n. 42), influenced by the view of scholars such as Crüsemann, Torah,
109–143; Halbe, Privilegrecht, 449–450, 483–493; Osumi, Kompositionsgeschichte,
10, 70–80, 149, 152; Otto, Wandel, 50; Schwienhorst-Schönberger, Bundesbuch, 389–
390, 404–405; Wilms, Bundesbuch, 187. These scholars say that CC was influenced
by that pericope or a source lying behind both texts. This analysis must be rejected.
The text of Exod 34 derives from CC. See the decisive arguments and observations
of Bar-On, “Festival Calendars” (on Bar-On, see Levinson, Legal Revision, 156–158;
L’Herméneutique, 87); Blum, “Das sog. ‘Privilegrecht’ in Exodus 34,11–26”; Studien,
68–69, 293–295; Carr, “Method”; Rothenbusch, Rechtssammlung, 417, 441–448, 468,
546, 586; Houtman, Exodus, 3:262–263; Levin, “Der Dekalog am Sinai,” 171–174
(Levin says of Halbe’s work: “Daran hat der vielhundertseitige Versuch von J. Halbe,
Das Privilegrecht Jahwes . . . nichts ändern können”); Levinson, Deuteronomy, 9, 66 n.
42, 69–70; “Goethe’s Analysis of Exodus 34”; Schmitt, “Das sogenannte jahwistische
Privilegrecht”; Wagenaar, Origin and Transformation, 68–72. Exod 34:10–26 is often
ascribed to J in source analyses (see Baden, “Rethinking,” 193–198 for a cogent argu-
ment of source divisions in Exod 34). If so, then 34:10–26 is evidence of J’s dependence
upon CC and its narrative (see chapter 12). Chapter 13 suggests that J’s motif of name
invocation is also evidence of its dependence on CC and its narrative.
83. Labuschagne (“You Shall Not Boil a Kid,” 13–14) connects the laws in 23:18–19
distributively with the preceding festivals: commands 1 and 2 (v. 18) with the Feast of
Unleavened Bread, command 3 (v. 19a) with Feast of the (Summer) Harvest, and com-
mand 4 (v. 19b) with the Feast of Gathering.
84. Marshall (Israel, 142–143) says that one should read the human firstborn law in
22:28b literally and that it requires human sacrifice.
85. For firstborn laws, see Brin, Studies in Biblical Law, 166–281.
86. On the lack of ‫ בשדה‬in the LXX, Peshitta, Vulgate, Targum Onkelos, Targum
Pseudo-Jonathan, see Houtman, Exodus, 3:235 (the omission may be due to an inten-
tion to generalize the law). Zakovitch, (“‫ספר הברית‬,” 63*) rejects Budde’s explanation of
dittography in CC based on ‫ בשר‬and claims that the original text included ‫ בשדה‬but not
‫( טרפה‬but he relates the wording of Exod 22:30 to Lev 17:5).
87. Schwartz (“Israel’s Holiness,” 50) says the phrase means “not ‘people of holi-
ness’ but ‘people which constitute a qodeš,’ people which are God’s exclusive posses-
sion. . . . His segullah.” See chapter 12, n. 15.
88. On bribes, see Houtman, Exodus, 3:249–250.
89. This answers Jackson’s question (Wisdom-Laws, 458) about whether the two
strings were only later broken up by 23:1–8. They are all part of the same original com-
positional structure. Jackson sees the string structure as “a complex literary device,
one more akin to the complex chiasmus.” He only needs to incorporate the chiasmus of
23:1–8 to appreciate just how truly complex the structure is. For further discussion of
the structure, see Jackson, Wisdom-Laws, 403–406; “Modelling,” 1803–1804.
90. For the notion of the inalterability of law texts and treaties, see Levinson, “You
Must Not Add,” 6–7; “Neo-Assyrian Origins of the Canon Formula.”
91. McKay, “Exodus XXIII,” 321, his translation. See also the summary by
Marshall, Israel, 154 and elaboration by Sprinkle, Book, 178–179.
92. Most view vv. 4–5 as an addition. Besides Schwienhorst-Schönberg and Otto in
the next notes, see also Bultmann, Fremde, 171 and n. 191; Wellhausen, Composition, 90.
93. Schwienhorst-Schönberger, Bundesbuch, 378–388, esp. 388.
94. His reason is that the topic of a bribe in v. 8 is similar to Deut 10:17; 16:19; 27:25,
and verse 9 is similar to the Deuteronomistic elements recognizable in 22:20.
95. Otto, Wandel, 8, 47–49, 53.
96. He says that 23:4–5 influenced Deut 22:1–4. Other original constellations have
been proposed: Richter (Recht und Ethos, 122, cf. 121–125): 23:1a, 6* (i.e., ‫)לא תטה משפט‬,
8a, 9a, and 22:21* (i.e., [‫ ;)אלמנה ויתום לא תענ]ה‬Morgenstern (“Book of the Covenant, Part
IV,” 96): 22:21 + 20a, 24a, 25; 23:1, 2, 6 + 3, 7abα, 8a + 9a.
97. Rothenbusch (Rechtssammlung, 291) sees 23:13 as a superscription to the final
cultic laws in 23:14–19. It functions in a way similar to 20:24, placing a law about
mentioning divine name before cultic laws in 20:25–26. Otto (“Gesetzesfortschreibung,”

288) sees 23:13 as forming a frame with 21:1.
98. Part of the reason why the sanctuary in CC appears as a virtual singularity
may be the literary source, where the Esagil is the only cult place of concern in the
exhortatory block, even though the prologue speaks of multiple cult places to which
Hammurabi devoted his care and attention.
Chapter 12
1. For the view that the apodictic laws are secondary to a basic collection of casuis-
tic law, see the models of Otto, Schwienhorst-Schönberger, Rothenbusch, and Jackson,
summarized in chapter 1, and also Crüsemann, Torah, 147; Fensham, “Extra-biblical
Materials,” 57–60; Halbe, Privilegrecht, 391–505; Hanson, “Theological Significance,”
114; Lewy, “Dating”; Osumi, Kompositionsgeschichte, 29–30 (and passim); cf. Patrick,
Old Testament Law, 66; and chapter 11, n. 2. See also the next notes. Clearly, the present
source analysis of the apodictic laws requires rethinking arguments about the Sitz im
Leben of apodictic law. For earlier discussions, see Alt “Origins”; Beyerlin “Paranäse”;
Bright, “Apodictic Prohibition”; Gerstenberger, Wesen; “ ‘Apodiktisches’ Recht”;
Mendenhall, “Ancient Oriental and Biblical Law,” 30; Morrow, “Generic Discrepancy,”
138–146; Weinfeld, “Origin of Apodictic Law.” Rost (“Bundesbuch”) struggles with
why apodictic laws appear only in the outer portions of CC—why the casuistic laws
were not expanded with apodictic elements. Toeg, 94–80 ,‫מתן תורה בסיני‬, has an excep-
tional view of CC’s development: the altar laws of 20:23–26 were added to supplement
the Decalogue, and then the rest of CC was added incrementally.
2. Chamberlain (“Exodus 21–23,” v–vi, 134–159) argues that the apodictic laws
are post-Deuteronomic (so, too, Houtman, Exodus, 3:85). Schwienhorst-Schönberger
believes the language about oppression and the immigrant is Deuteronomistic
(Bundesbuch, 332–334,347, 350; see also Otto, Wandel, 6). Those who believe the
bulk of the apodictic laws are pre-Deuteronomic include Beyerlin, “Paranäse,” 9,
14–17; Crüsemann, “Bundesbuch,” 35; Hanson, “Theological Significance,” 114;
Lohfink, “Gibt es eine deuteronomistische Bearbeitung”; “Poverty,” 38–39; Osumi,
Kompositionsgeschichte, 156, 161–162, 183–217 (even the second-person plural ele-
ments are pre-Deuteronomic and reflect Jerusalem temple tradition before the exile);
Rothenbusch, Rechtssammlung, 453–456, 459, 592–593 (for him the final redaction
of CC is not Deuteronomistic). Levinson (Deuteronomy, 12) summarizes the matter:
“ . . . a number of scholars reject the claim of substantial Deuteronomistic revision of the
Covenant Code. Of course, most scholars concede the existence of secondary material
within the Covenant Code and the validity of diachronic analysis for discerning edito-
rial activity. That is not the issue. The crux is whether these expansions presuppose the
specific language, legislation, and theology of Deuteronomy. Detailed analysis shows
that the expansions do not presuppose Deuteronomy as a text, even if they begin to
express related concerns, such as the social justice owed the immigrant, the widow, and
the orphan. Since they are not textually dependent upon Deuteronomy but move in the
direction of its concerns, the additions are most logically viewed as pre-Deuteronomic.
The further inconsistency of these expansions with Deuteronomistic language rein-
forces the judgment that they should be dated prior to Deuteronomy.”
3. Wellhausen (Composition, 89–90) saw the plurals as a later redaction level with
a perspective similar to Deuteronomy (see also Baentsch, Bundesbuch, 45–58). Otto
(Wandel, 38–40, 58–59) concludes that a basic text with a singular formulation (with
its own prehistory) was augmented with 20:22, 23; 21:1; 22:19b, 20aβb, 21, 23, 24b, 30;
23:9, 13, and that 20:22–23 and 23:13, in particular, brought CC into the Sinai pericope
with a frame dealing with foreign gods and idols. Osumi (Kompositionsgeschichte,
30–44, 69, 85, and passim) sees two basic layers in the apodictic laws: a second-person
singular stratum that includes 20:24–26; 22:20a, 22, 24a, 25–29; 23:1–9a, 10–12, 13b
(without 2nd pl.), 14–19 (he also includes part of 23:20–33), to which the phrases with
second-person plural forms were added. Crüsemann (Torah, 198, also pp. 109, 114, 117,
197–200) sees the second-person plurals as later additions but adds that “as close as
they are to deuteronomistic language, they are not typical and they illustrate important
differences in style and content” and are thus pre-Deuteronomic. Hossfeld (Dekalog,
183–184) says some of the plural forms are comparable to the usage of the Holiness
School. Houtman (Exodus, 3:218, cf. 99) sees the plural forms as signs of additions and
says that this (layer of) “text is the work of Deuteronomistic authors.” Schwienhorst-
Schönberger (Bundesbuch, 332, 334, 342–343, 345–346, referring to Lohfink,
Hauptgebot, 240) admits the difficulty of using Numeruswechsel as a chief literary
critical criterion. But he says that it is still significant when other methods do not pro-
vide a sufficient explanation. For problems with or reservations about Numeruswechsel
as a criterion for redactional analysis, see Levinson, “Birth,” 634–635, 638–639 (see
also Chirichigno, Debt-Slavery, 189 n. 3; McConville, “Singular Address,” 19–21;
Tigay, “Presence of God,” 198). On the versional leveling of the Numeruswechsel in
Exod 20:23–26, see Levinson, “Is the Covenant Code an Exilic Composition?” 311 n.
74. For Numeruswechsel in Deuteronomy, see Levinson, “Carmichael’s Approach,” 231
and nn. 9–10.
Various notes in chapters 11 and 12 summarize critical analyses about the composi-
tion of the apodictic laws and the introduction of 21:1 in CC. The following list indexes
these discussions: 20:23–26 (chapter 11, n. 13; 12, nn. 13, 27, 38, 42, 83); 21:1 (chapter
12, nn. 41, 42); 22:20–23 (chapter 12, n. 4; cf. 11, n. 44); 22:24–26 (chapter 12, n. 25; cf.
11, n. 49); 22:27–30 (chapter 12, n. 15); 23:1–8 (chapter 11, nn. 91–96; 12, n. 30); 23:9
(see on 22:20–23); 23:10–12 (chapter 12, n. 32); 23:13 (chapter 12, nn. 6, 14); 23:14–19
(chapter 12, nn. 35, 37, 67, 69; see at chapter 11, n. 80).
4. This is Schwienhorst-Schönberger’s solution (Bundesbuch, 331–359). For him,
a Deuteronomistic redactor expanded this basic material with the rationale of being a
resident in Egypt, material about widows and orphans, divine anger, and divine slay-
ing with a sword. The redactor used both second-person plural and singular forms,
depending on the context (the redactor’s singulars include ‫ תלחצנו‬in v. 20 and ‫ תענה‬in
v. 22). Otto (Wandel, 38–40, 58–59) says that the oldest layer in 22:20–23 is 22:20aα.
Verses 20aβb, 21, and 23 are a Deuteronomistic addition. For the separation of layers,
see Osumi, Kompositionsgeschichte, 32, 51–52. Krapf (“Traditionsgeschichtliches
zum deuteronomischen . . . Gebot”) concludes that the pairing of the widow and
orphan was the earliest formulation, which Deuteronomy then augmented with the
immigrant. This history in his view demonstrates the lateness of the formulation of
Exod 22:20–23. Pons (“La référence au séjour,” 171) says the Egyptian rationale may
be pre-Deuteronomic. See the discussion later in this chapter and the observations in
chapter 13, n. 19.
5. For views about the secondary character of 22:24b, see n. 25.
6. So Osumi, Kompositionsgeschichte, 52, 62. He notes (p. 33) the ostensible prob-
lem of ‫“ שם‬name” being both the object and subject in the two phrases of the present
text. For the presumed secondariness of even the singular verb in 23:13bβ, see n. 14 in
this chapter. Schwienhorst-Schönberger (Bundesbuch, 394–400, esp. 399–400) attri-
butes 23:13 to Deuteronomistic redaction. The singular at the end of the verse, part of
the addition, is used to anticipate the festival calendar that follows. He says that the verse
echoes 20:22b–23 to create structure in the text, characteristic of Deuteronomistic edit-
ing. Otto (Wandel, 6–7) notes that the closest parallel to 23:13bα is Josh 23:7bα, proof
that 23:13bα is Deuteronomistic. However, the discussion on name memorialization in
chapter 11 (at n. 21 there) observed that Josh 23:7 is likely to be dependent on CC.
7. For Dohmen’s view that 20:23b was originally singular and part of the original
context, see chapter 11, n. 13. On v. 23, see n. 13 in this chapter,
8. The possibility of two editions of CC could be coordinated with the speculation
about two editions of CC’s narrative, discussed in the second half of this chapter.
9. Levinson (“The Neo-Assyrian Origins of the Canon Formula”) raises a similar
issue. He argues convincingly that Deut 13:1 derives from use of VTE as a source.
Though the verse displays Numeruswechsel, its motifs and elements, especially its chi-
astic citation of VTE (manifesting Seidel’s law), indicate that it is a unity. Deut 4:2,
which depends on 13:1, has leveled the plural-singular inconsistency. Related to this,
the numerical inconsistency in Deut 14:21 is due to sources, particularly “you (pl.)
shall not eat” (‫ לא תאכלו‬from Exod 22:30) and “you (sg.) shall boil” (‫ תבשל‬from Exod
23:19); the singularity of “you are a holy people” (‫ )עם קדוש אתה‬in the verse perhaps
reflects the singular used of the rationale in 14:2, which may be based on Exod 19:6.
See n. 15 in this chapter. For Numeruswechsel as a function of the use of sources rather
than redactional additions, see Stackert, Rewriting, 128–129 and n. 42, 180 n. 35. On
Numeruswechsel in Deut 12, see n. 13 in this chapter.
10. Lohfink (Hauptgebot, 240–243) argues that Numeruswechsel in Deuteronomy is
not necessarily a sign of secondary accretion. For him, its function is rhetorical (p. 247):
“Jeder Wechsel der Anrede erzeugt notwendig im Zuhörer ein Neuangesprochensein,
ein Umschaltung, ein Aufwachen und Neuhinhören” (similarly, Sprinkle, Book, 40, 168–
169, 174). For a discussion and critique of Lohfink, see Osumi, Kompositionsgeschichte,
38–44, 50–52. Otto (Wandel, 8) critiques Halbe for attempting to explain cases of
Numeruswechsel from a stylistic point of view.
11. I am leaving open the question of the ultimate origin or Sitz im Leben of the
second-person singular form. This does not derive from LH. For a possible connection
with treaty, see chapter 13, n. 4.
12. For the verses as counterparts, see Osumi, Kompositionsgeschichte, 18, 19;
Hossfeld, Dekalog, 185, Schwienhorst-Schönberger, Bundesbuch, 399–400. See n. 6 in
this chapter.
13. Most judge 20:23 secondary. Some argue that the verse (along with v. 22b of
the narrative setup) is based on Deut 4:15–16 (for the argument, see Schwienhorst-
Schönberger, Bundesbuch, 396–397; Baentsch, Bundesbuch, 45–47; see nn. 27, 38 in
this chapter). But the reverse relationship can be argued. Phillips (“Fresh Look,” 42),
for example, notes the differences between Exod 20:23 and the larger passage of Deut
4:15–19 to argue that Deuteronomy’s passage is more developed and is “a highly sophis-
ticated late Deuteronomistic interpretation of the second commandment and its concern
is much wider than the very specific and limited interest of Ex. xx 23.” For the priority
of the idiom in 20:23 over 32:21 of the golden calf story, see nn. 84, 92 in this chapter.
Hossfeld (Dekalog, 180–183) has argued that v. 23 is a priestly addition because of its
similarity to Lev 19:4; 26:1. He says that the plural reference to silver and gold gods
comports with an exilic and postexilic polemic against divine images (he refers to Hos
8:4 and especially Deut 29:16; Isa 30:22a; 31:7; 40:19; 46:6; Hab 2:19b; Ps 115:4; 135:15
[see also Isa 2:20; Dan 11:8]; cf. Osumi, Kompositionsgeschichte, 193). The passages
from the Holiness Legislation of Leviticus may actually rely on CC, given the depen-
dence of HL on CC otherwise (see Stackert, Rewriting; see chapter 13, n. 22). Hos 8:4
shows that images of gold and silver can be a concern of the Neo-Assyrian period (the
context of the passage indicates this period for its formulation: temple v. 1, kings v. 4,
Assyria v. 9, Samaria and its cult v. 5; Judean updating is visible in v. 14; Rothenbusch,
Rechtssammlung, 458, says that Hos 8:4 reflects an early perspective). Background cul-
tural and theological sentiments as expressed in Hos 8:4 may have fed into the formu-
lation of CC’s prohibition. The Decalogue prohibition against other gods and images
(Exod 20:3–4), which has similarities to 20:23, is probably dependent on CC’s verse,
according to the arguments of Kratz, “Der Dekalog im Exodusbuch” (see the later sec-
tion on the CC relationship to the Exodus narrative). See also chapter 11, n. 13. We can
note here that Deut 12:1–12 reflects the content and order of Exod 20:23–26: the motif of
other gods (Deut 12:3, 4), the destruction of these gods (an inverse extension of fabricat-
ing them, v. 3), doing or making (Heb. ‫ )עשה‬with reference to gods and general practices
(vv. 4, 8), the listing of offerings and animal types (vv. 6, 11), the term place (‫)מקום‬
referring to cult place (vv. 2, 3, 4, 11), the reference to names of deities (vv. 3, 5, 11), and
the reference to divine blessing (v. 7). But these verses are generally considered to be
a later stratum of Deut 12 and therefore may not decisively indicate that Exod 20:23 is
pre-Deuteronomic. Related to this, one wonders if the second-person plural in 12:1–12
versus the second-person singular of most of the rest of the chapter is an intentional
echoing of the plural to singular shift in Exod 20:23 versus 24–26. On Numeruswechsel
in Deuteronomy, see n. 3 earlier.
14. Hossfeld (Dekalog, 184) and Schwienhorst-Schönberger (Bundesbuch, 399–
400) explain the shift from second plural (“do not mention” ‫ )לא תזכירו‬to singular (“your
mouth” ‫ )פיך‬in 23:13b as a type of attraction. The singular anticipates the second-person
singular pronominal number in the festival laws that follow. If this principle can be
invoked in this case, it can be invoked in other cases of numerical inconsistency. See
also n. 4 for Schwienhort-Schönberger’s view on the redactor’s inconsistency in num-
ber elsewhere in CC.
15. Schwienhorst-Schönberger (Bundesbuch, 260–277, 367–368, 375–378) sees
several layers of editing and preexisting sources in 22:27–30, to which v. 30 belongs.
The Gottesrechtsredaktor (the hand that Schwienhorst-Schönberger sees as primarily
responsible for the underlying apodictic laws) may have created v. 27 and added to
this vv. 28–29, which may have preexisted, though the first-person references to deity
in these verses are indicative of the work of the Gottesrechtsredaktor. Alternatively,
v. 27 may come from a Deuteronomistic stratum. In Schwienhorst-Schönberger’s
view, a Deuteronomistic editor has brought in an old pre-Deuteronomic tradition
about discarding carrion in v. 30b. This is conceptually older than Deut 14:21 because
the direction of evolution is logically from a custom of giving carrion to dogs (Exod
22:30) to giving animals’ carcasses to immigrants (Deut 14:21). The Deuteronomistic
editor prefaced his inserted old law on carrion in Exod 22:30 with a late rationale about
the holiness of the people. This must postdate Deut 14:21, Schwienhorst-Schönberger
believes, because the description of the people’s holiness as a fact in Deuteronomy
(cf. 14:2, 21) is conceptually earlier than the command to become holy of Exod 22:30a
and the Holiness Code. (For the people’s holiness, see also Schwienhorst-Schönberger,
pp. 370–371, 373–374.) Otto (Wandel, 7, 60) similarly believes that Exod 22:30 devel-
oped from Deut 21:14.
The dietary laws in Deut 14:21, in my analysis, depend on CC. The main dietary
laws in Deut 14:3–20 used what might be loosely labeled a proto-Priestly source. This
was also used and developed by Lev 11:2b–23 (Lev 11 made two successive interpre-
tive additions to this basic source: vv. 24–40, the primary P stratum, and vv. 41–45,
an addition from Holiness legislators). Deut 14:21 is a supplement to and on the same
compositional level as vv. 3–20, but from a different source, i.e., CC. Deuteronomy rec-
ognized the association of two laws from the two strings of the final apodictic laws (the
prohibition against carrion and the holiness rationale from Exod 22:30 and the prohibi-
tion against boiling a kid in its mother’s milk from 23:19) and placed them together in
its anthology of dietary laws. (The Holiness Legislation’s Lev 22:27–28 did something
similar; see chapter 13 n. 22). Deuteronomy generalized “flesh of predation” (‫ )טרפה‬to
“carcass meat” (‫)נבלה‬, allowed giving the meat to the impoverished immigrant or sell-
ing it to a foreigner rather than wasting it on dogs (contra the development proposed
by Sparks, “Comparative Study of the Biblical ‫ נבלה‬Laws”), and altered the conception
of holiness from something striven after in CC (“you shall become” of Exod 22:30) to
an established status “because you are a holy people.” CC’s view of holiness in Exod
22:30 is limited and practically oriented toward cultic concerns (see chapter 11). The
view in Deuteronomy is much grander by reflecting the chosen status of the nation.
Exod 19:3b–8, which talks about the holiness of the people (vv. 5–6; cf. Deut 14:2, 21),
looks like an addition to the narrative and is clearly closer in conception to the concept
of national holiness in Deuteronomy. But these verses may nevertheless predate Deut
14 and therefore have served as a source for that chapter (see further in this chap-
ter on the development of the narrative in Exod 19–24). The Holiness Legislation in
Lev 17–26 generally blended the two conceptions of holiness. It was a status that befit
national identity but was achieved through obedience to a broad spectrum of divine
commands. For discussion, see Meshel, “ Pure, Impure, Permitted, Prohibited”; Olyan,
Biblical Mourning, 120–122; Schwartz, ‫תורה הקדושה‬, 250–266; “Israel’s Holiness,”
47–59; Wright, “Spectrum of Impurity,” 168–169; “Holiness in Leviticus” (also Wright,
“Review of Van Seters”; “Holiness”; “Unclean/Clean”). See n. 92.
16. There are other indications of the originality of 22:30. The verse speaks of an
animal carcass in the field (‫ ;)בשדה‬this is a concern of LH 244, which speaks of a lion
killing a rented ox or donkey “in the open country” (ina ērim). CC had LH 244 in mind
when it created 22:9–14 (see chapter 10). Furthermore, 22:30 is concerned about cultic
eating, which is also reflected in the rule about eating unleavened bread (23:15) and
implicitly with regard to leaven in connection with sacrifice (23:18), leaving an offering
over until morning (23:18; cf. Wright, Disposal, 135–136), and boiling (i.e., cooking for
consumption) a kid in its mother’s milk (23:19). Another contextual connection is to
the prohibition against eating the carcass of a stoned ox, whose meat is like that of an
animal that has been preyed upon (see chapter 8).
17. Marshall (Israel, 147) notes that this is viewed as a talion type of penalty but
rejects this because the oppression of v. 21 did not necessarily cause the victim’s death.
18. In connection with treaty formulation, one can also note the Numeruswechsel
between second singular and plural in Sefire iii (see Gibson, Inscriptions II, 52–53
on line 4). For the phenomenon in treaty, see Sonsino, Motive Clauses, 196–198. Of
course, one cannot simply cite the existence of the phenomenon in treaties to prove that
biblical texts with similar numerical shift are unities. One still must give an explanation
for the divergent style.
19. For divine anger in the Deuteronomistic literature, see Joo, Provocation
and Punishment. Schwienhorst-Schönberger views the divine anger motif as
Deuteronomistic (Bundesbuch, 356–357; he compares Deut 29:26; Deut 31:17; Josh
23:16; Judg 2:14, 20; 2 Kings 13:3; 23:26; he follows Otto, Wandel, 81 n. 21). Ben-Dov
(“The Poor’s Curse”) employs a larger comparative perspective without reference to
treaty and notes that Yahweh in the curse of 22:23 acts as avenger rather than as king
(he brings in the wronged-man passage on p. 439).
20. Sprinkle sees Exod 22:22–23 as a nationally (not individually) oriented curse
and compares the collective punishment (defeat in war) for Achan’s sin in Joshua 7
(Book, 169).
21. As for the position of the curse, Gerstenberger (“Covenant and Commandment,”
45) notes that a summary curse need not appear at the end of a document.
22. Ps 109:9 contains a similar curse: “May his sons become orphans and his wife a
widow.” This is in a larger list of curses in vv. 8–15, 17–19, some of which are analogi-
cal, a type of curse found in treaties (cf. Wright, “Ritual Analogy in Psalm 109”; for
treaty cf. p. 388; Wright, “Analogy,” 481; Wright, “Blown Away,” 214; on treaty typol-
ogy in VTE, see Streck, “Flüche”). For slaying with the sword, cf. Amos 4:10; 9:1; Ezek
26:6 (and Schwienhorst-Schönberger, Bundesbuch, 357). On the pseudo-casuistic form
of 22:22–23, see n. 30 in this chapter.
23. See n. 4 and Chapter 11, nn. 41, 44.
24. On the concentration and distribution of second-person plural forms in 22:20–
26, see Osumi, Kompositionsgeschichte, 53. It might be wondered if the forms with
and without nun paragogicum are structurally significant. Second-person plurals with
this feature occur in 20:23 (once with, once without) and 22:21, 24b, 30 (twice with and
once without). No second-person plural verbs with this feature appear in string II of
the final apodictic laws (“bare” second plural prefixing forms appear in 23:13 and one
in 23:15). For some discussion of the nun paragogicum (which appears otherwise in
CC in third-person plural verbs: 21:18, 35; 22:8), see Dohmen, Bilderverbot, 163–168.
He notes (p. 164) that the evidence is too slim to use for redaction-critical conclusions.
Nonparagogic plurals, both second and third person, appear in 20:23; 21:22; 22:30;
23:13 (bis), 15.
25. The original material in 22:24–26, according to Schwienhorst-Schönberger
(Bundesbuch, 331–359), is vv. 24a* (without ‫“ את עמי‬my people”) and 25, i.e., the basic
lending law and the pledge law without the rationale. Verse 24b, redundant and with a
second-person plural verb, is a Deuteronomistic addition (along with ‫)את עמי‬. Verse 26
was added by the Gottesrechtsredaktor to augment v. 25 and provide a counterpart to v.
22b. For Otto (Wandel, 38–40, 58–59), the oldest part of these verses is 22:24a (without
“my people”), 25, 26abα. Verse 26bβ (the clause about a person calling to the deity)
comes from a redactor. The original conclusion of this redaction (21:2–22:26*) was ‫כי‬
‫ חנון אני‬in 22:26. Hejcl (Zinsverbot, 65) and Klingenberg (Zinsverbot, 16) view 22:24b
as secondary. See chapter 11, n. 48.
26. Sonsino identifies motive clauses in Exod 20:22b, 25b, 26b; 21:8bβ, 21bβ,
26bβ, 27bβ; 22:20b, 21–23, 26; 23:7bβ, 8b, 9b, 11aβ, 12b, 15aβ (Motive Clauses, 88,
232–234). He distinguishes motive clauses from notes of explication and paranesis (pp.
65–69). These various clauses have been among the primary candidates for excision as
secondary elements, next to the laws and phrases with second-person plural forms. He
makes a cogent argument (pp. 205–210) against the supposition that motive and ratio-
nale clauses are necessarily secondary by noting their existence in what he calls “virgin
texts,” i.e., texts that did not presumably go through editorial stages, including let-
ters, commemorative building inscriptions, royal inscriptions, contracts, and lawsuits
(he also includes treaties and royal proclamations). Sonsino also notes (pp. 153–192)
motive clauses in LH and MAL A (though these are not the same as in CC). Osumi
(Kompositionsgeschichte, 22, 81; see n. 2 in this chapter) says that motive clauses are
original (though he believes the second-person plural laws and phrases are secondary).
The rationale clauses are taken by some as evidence that the apodictic laws grow out of
a wisdom tradition (cf. Gemser, “Importance”; Sonsino, Motive Clauses; cf. Marshall,
Israel, 10–11).
27. Within 20:23–26 Schwienhorst-Schönberger (Bundesbuch, 287–299) sees vv.
24aα and 25aβ as the earliest layer, belonging to the Gottesrechtsredaktor. Verses
24b, 25aα, 25b, and 26 are additions but prior to Deuteronomy since they contradict
Deuteronomy’s legislation about a single cult place. Verse 23, which uses second-per-
son plural verbs, and the phrase about offering types in v. 24 (‫ )את עלתיך ואת שלמיך‬are
Deuteronomistic additions (see n. 38). He says that the idea of vv. 22b-23 correlates
with the lateness of the similar ideas in Deut 4:15–16. Otto says that vv. 24aα, 25a*,
and 26a are original; vv. 24aβb, 25b, 26b are additions but pre-Deuteronomic because
they reflect Jerusalem temple theology (Wandel, 54–55; see also Otto, “Aspects,” 183,
186–187). H.-C. Schmitt (“Altargesetz”), basically following Conrad, says that vv. 24a,
25a, and 26a are original and belong to a premonarchic context, but this has been set
in a (post-) Deuteronomistic context. Dohmen (Bilderverbot, 171–175) notes the views
of Conrad (the original text is 24aα, 25aβ, 26a) and Halbe (the original text is 24aα,
26a). Hossfeld (Dekalog, 183) says vv. 25b and 26b are additions that make the law
accord with later historical actuality. Heger (Three Biblical Altar Laws, 29) finds the
phrase of 20:24b (“in every place . . . ”) “contrary to the context of this pericope and to
the general idea of biblical worship,” and hence not original. He also sees (pp. 23–24,
cf. p. 60) the specific offerings as an addition (they refer to a regulated cult over against
flocks and herds, which are “appropriate to a plebian cult” or “popular, unsophisticated
sacrificial worship”). Levin (“Das Deuteronomium und der Jahwist,” 124–128) finds
v. 24b secondary (it is an anti-Deuteronomic expression from the exile; cf. Schmitt,
“Altargesetz,” 279–280). Other studies with the view that at least the core of the altar
law is pre-Deuteronomic, in addition to Schwienhorst-Schönberger and Otto just noted,
include Hossfeld, Dekalog, 183; Levinson, Deuteronomy, 31 n. 17 (and pp. 11–52 gen-
erally); “Is the Covenant Code and Exilic Composition?” 272, 297–315; Phillips, “A
Fresh Look,” 41 (Essays, 57); Schaper, “Schriftauslegung.” It should not be missed
that Levinson’s first two case studies of Deuteronomy’s dependence on CC in his book
Deuteronomy (pp. 23–52, 53–97) treat the laws at CC’s beginning (Exod 20:24–26) and
end (23:14–19), laws whose chronological relation to Deuteronomy has been questioned
more than the core casuistic laws. These blocks of law, for him, are almost entirely pre-
Deuteronomic. His analysis of the hermeneutics involved in Deuteronomy’s reformula-
tion of the Covenant Code provides decisive evidence of the chronological priority of
CC’s laws (see also Schaper for the inner-biblical exegesis in Deut 12).
28. See n. 27 for the excision of these verses in some analyses.
29. For the basic coherence of 20:24–26, see Osumi, Kompositionsgeschichte,
80–85.
30. For views about the composition of 23:1–8, see the discussion of the theme of
justice in chapter 11. A primary feature that distinguishes 23:4–5 from their context is
their pseudo-casuistic (or mixed-apodictic) formulation. Pseudo-casuistic formulation
appears in the apodictic and casuistic laws in 20:25; 21:2; 22:22–23, 24, 25; 23:4–5, over
against simple apodictic formulation (in the apodictic laws) in 22:20aα, aβ, 21, 27a, b,
28a, b, 29a, 30a, bα, bβ; 23:1a, b, 2a, b, 3, 6, 7a, b, 8a, 9a, 10–11[various related clauses],
12a [two related clauses], 13a, bα, bβ, 14, 15aα [implied with v. 14], 15aβ, b, 16a, b [both
implied with v. 14], 18a, 19a, b. (The casuistic laws also have a form with the protasis
in third person and apodosis in second: 21:14, 23.) These mixed forms are not second-
ary. Chapters 5 demonstrated that the case in 21:2 is original, based on the casuistic
law of LH 117 but assimilated to the second person of 20:23–26. Chapter 11 observed
that 23:4–5 follow the pseudo-casuistic style of the c-member of the partial casuistic
structure of the future king passage and may also be influenced by casuistic law (cf.
LE 50). The laws on interest and pledges in 22:24, 25 may also have been influenced by
casuistic law; at least their topics are those that would be of interest to casuistic law. The
case in 22:22–23 is akin to the mixed-casuistic form in the curses of LH (the end of the
future king passage and the end of the exhortatory block): “if that man does not obey
the words that I have written on my stela . . . ” followed by any of the curses, including
“let him (Enlil) pronounce with his revered mouth . . . the supplanting of his kingship,
and the disappearance of his name and memory from the land” (49:73–80) or “may the
grievous word of Shamash quickly catch him; may he uproot him from the living . . . ”
(50:31–36). For a form-critical analysis of the form and the extent of its attestation, see
Gilmer, If-You Form.
Another feature of 23:4–5 is the use of infinitives absolute. In apodictic law, these
appear in 22:22, 25; 23:4, 5; in the casuistic laws, including the participial laws, they
appear in 21:5, 12, 15, 16, 17, 19, 20, 22, 28, 36; 22:2, 3, 5, 11, 12, 13, 15, 16, 18. One
wonders if their appearance in the apodictic laws is partly due to influence from their
use in the casuistic laws and specifically the participial source that CC used for 21:12,
16–17; 22:17–19. On infinitives absolute in CC, see Chirichigno, Book, 226–227;
Osumi, Kompositionsgeschichte, 103–104; Rothenbusch, Rechtssammlung, 231–232;
Yaron, “Stylistic Conceits II.”
31. That chiastic structure in a passage does not, by itself, assure its original com-
positional unity, see Levinson, Deuteronomy, 26–27. Crüsemann (Torah, 188–189) says
that the chiastic structure is proof of the originality of vv. 4–5.
32. Schwienhorst-Schönberger (Bundesbuch, 389–394) says that the original mate-
rial in the seventh-year and seventh-day laws is 23:10a + 11aα and 12a. This delimita-
tion is made on the assumption that the original text was concise and lacked motive
clauses. These basic laws were expanded, he believes, by the Gottesrechtsredaktor who
brought the basic laws into CC. Verses 10–12, however, are all pre-Deuteronomistic, he
says, because the day of rest is not yet identified with the Sabbath (cf. Deut 5:13). Otto
(Wandel, 46) sees 23:10, 11aα, and 12a as original. This material was expanded with
the socially oriented elements in 23:10b, 11aβγ, 12b. The “thus you shall do” phrase
in 11b was then added. Otto (Wandel, 35) adds that the seventh-day law is not postex-
ilic. Crüsemann (Torah, 133–134) believes the seventh-day law is early because of the
seven-day pattern in feasts.
33. Stackert, Rewriting, 129–135.
34. Leviticus 25:3–7 appears to know CC’s law with that phrase. See Stackert,
Rewriting, 116–124 and see n. 9 on p. 116. Zakovitch (“‫ספר הברית‬,” 63*) says the phrase
involves a double addition, the phrase about the vineyard was added under the influence
of Lev 25:3–5, and the mention of the olive grove was added even later. But see chapter
13 n. 22.
35. That the festival passage in CC is pre-Deuteronomic is evidenced in
Deuteronomy 16’s dependence on it. See Levinson, Deuteronomy, 53–97. He adds (pp.
65–66) that Exod 23:14–19 does not reflect Deuteronomistic editing. Otto (Wandel,
58) observes that 23:14–33 is pre-Deuteronomic. Schwienhorst-Schönberger (see n. 37)
views the bulk of 23:14–19 as pre-Deuteronomic. Deuteronomy’s use of CC’s festival
laws correlates with its use of the altar laws at the beginning of CC. Deuteronomy is
largely concerned about rearticulating laws that have to do with the cultic place in CC
(e.g., the slave laws in Deut 15:12–18 remove the feature of making a slave permanent
at the sanctuary in Exod 21:5–6; the homicide laws in Deut 19 introduce city instead
of altar asylum, as prescribed by Exod 21:12–14; see Stackert, Rewriting, 31–112). In
contrast to these views, Wagenaar (Origin and Transformation, 65–73, 156–157) has
recently argued that CC’s festival laws revise Deuteronomy’s festival laws.
37. Schwienhorst-Schönberger (Bundesbuch, 401–406) has an alternate description
of the development of 23:14–19. In his view a basic festival law (vv. 15aα, 16aα, bα [i.e.,
‫ וחג האסף בצאת השנה‬. . . ‫ וחג הקציר בכורי מעשיך‬. . . ‫ )]את חג המצות תשמר‬was brought into CC
by the Gottesrechtsredaktor, who augmented the law with vv. 14, 15aβ [without ‫כאשר‬
‫]צויתך‬, γb, 16aβ, bβ, 17. The phrase ‫ כאשר צויתך‬in v. 15 is Deuteronomistic. This redac-
tor incorporated an old double prohibition in v. 18. Verse 19a, a requirement of first
fruits, was added to the requirement of 22:28a; v. 19b was also added. Bar-On (“Festival
Calendars,” 179–182) says that 23:17 is an addition to the basic unit vv. 14–15 (contra
those who say that v. 14 is an addition). One of his chief reasons for this judgment is that
v. 17 is formulated in the third person as opposed to the second person of vv. 14–15 (see
the third person forms in 22:29b and 23:18b). Note, however, that third person injunc-
tive forms match the style of the LH source text more closely than the more prevalent
second person imperatives.
38. Zevit (Religions, 277) sees the offering types as secondary. See n. 27. Levinson
(Deuteronomy, 37 n. 26) has observed, in reaction to the argument that the animals
and offerings are a Deuteronomistic addition, that “it is difficult to imagine that a
Deuteronomistic interpolator would add such a list but leave unscathed the altar
law’s explicit reference to multiple altars as legitimate sites for cultic theophany and
divine blessing.” The same logic makes it likely that the image law in 20:23 is not a
Deuteronomistic addition. One would expect the supposed Deuteronomistic editor who
added v. 23 to also modify the following altar law to fit Deuteronomistic interests.
39. The argument could be made, too, that 22:23 is necessary structurally. As noted
in chapter 11, the outer sections of the final apodictic laws—on the poor in 22:20–23
and the cult in 23:14–19—create a barbell structure of emphasis. Each of these sections
is larger than the corresponding member in the other string (cf. the poor in 23:9 and the
cult in 22:28–30). If 22:23 is removed, then this emphatic structure is attenuated.
40. See chapter 3 n. 34 for the dependence of Deut 16:19 on Exod 23:8.
41. Schwienhorst-Schönberger (Bundesbuch, 301) thinks 21:1 is late, proved by its
similarity to Deut 4:44. Jackson views it as an addition (Wisdom-Laws, 454). See chap-
ter 3, n. 64.
42. Hossfeld, Dekalog, 181–182; Niehr, Herrschen und Richten, 267; Otto,
Wandel, 4, 55; Schwienhorst-Schönberger, Bundesbuch, 295, 298, 299–303. For the
post-Deuteronomic date of the altar law, see Levin, “Das Deuteronomium und der
Jahwist,” 122–126. In contrast, Sprinkle says that the placement of the introduction
in 21:1 allows the image-altar laws in 20:23–26 to be emphasized (Book, 33). Otto
(Wandel, 58) notes that the addition of 21:1 seeks to create a connection with 24:3–8
(esp. v. 3), to make CC one of the documents of the covenant.
43. Those who concluded that the term ‫ משפטים‬refers to a specific genre of law
found in 21:2–22:16 versus the cultic and social laws in the apodictic sections were on
the right track (cf. early on Baentsch, Bundesbuch, 14, 29–36, versus 13 and 25). But
this title, as we have seen, is not based on textual development according to which
an early version of CC consisted only of casuistic law but is a translation of the term
dīnāt mīšarim from LH, a term that refers to its casuistic laws with their particular
content.
45. The examination of CC’s connections with the narrative here is neither moti-
vated by Carmichael’s view that the laws of CC are generated on the basis of narrative
in the Pentateuch (see his Origins) nor by Daube’s view (The Exodus Pattern; cf. Smith,
Pilgrimage, 279–282) that parts of the narrative are motivated and exemplified by CC’s
laws.
46. Levinson (Deuteronomy, 67 n. 47) has a mediating view, that CC presumes
certain elements extant in narrative but that the law collection existed independently
and was only later included in the narrative. For example, he says that the phrase “as
I have commanded you” in 23:15 (to be discussed shortly) refers to 13:6, but adds that
“there is no reason that the textual cross-reference must presuppose the incorporation
of the Covenant Code into the Sinai pericope. The reference could just as easily have
been made prior to and independent of the present redaction of both texts. By analogy,
Deuteronomy’s reuse of the Covenant Code does not presuppose the latter’s incorpo-
ration into the Sinai pericope.” See also p. 149 of his study. Ska (Introduction, 213)
believes with many scholars that the references to the themes of the book of Exodus in
22:20; 23:9, 15 (also discussed later) are additions to the text, but adds “even if these
[passages] were ancient texts, they have no direct connection to the Exodus and Sinai
pericope as such but simply refer to a well-known tradition.”
47. Those who argue that CC was added by Deuteronomistic editors include, for
example, Dozeman, God, 37–66; Hossfeld, Dekalog, 212–213 (fully discussed on pp.
163–213: Deuteronomistic editing added CC after the E Sinai theophany at 20:21,
along with 20:22aα; it also added 24:3, 4aα; priestly redactors added the Decalogue);
Noth, Exodus, 173–175; Otto, Wandel, 4–8; “Gesetzesfortschreibung,” 387, 391;
Schwienhorst-Schönberger, Bundesbuch, 290, 367, 410–414; Zenger, Israel am Sinai,
154. See also Blum in n. 82; Oswald in n. 71. For a bibliography of those with this view,
see Rothenbusch, Rechtssammlung, 561 n. 292. For the Deuteronomistic redaction of
the Sinai pericope in general, see Perlitt, Bundestheologie, 167–94. For Rothenbusch’s
view that CC was incorporated into the narrative prior to Deuteronomy, see n. 71. For
arguments against a Deuteronomistic insertion of CC into the narrative, see Phillips,
“Fresh Look.” Patrick (“Covenant Code Source,” 155) makes a case that many of the
apparent elements that are similar to Deuteronomy are actually slightly different than
Deuteronomy and therefore may be pre-Deuteronomic.
48. For recent shifts in the landscape of Pentateuchal research, see Ska, Introduction;
Dozeman and Schmid, A Farewell to the Yahwist?; Blenkinsopp, Pentateuch; Rendtorff,
“What Happened to the ‘Yahwist’?”; Pury and Römer, “Le Pentateuque en Question”;
see also the critique of such developments by Nicholson, Pentateuch, which contains a
good summary of important recent literature.
49. Some will note that several of the texts that I draw into the orbit of CCN have
been identified as belonging to the E source in an older documentary model. I should
make it clear that I am not making such an identification, nor am I implying that the full
extent of CCN—if one were to flesh this out—would correspond with E. The identifica-
tion of E is a serious problem for documentary models; see Ska, Introduction, 131–133
(“Today, only a few scholars continue to speak about an ‘E source’ ”); K. Schmid, “The
So-Called Yahwist,” 29–30; Seebass, “Que rest-t-il du Yahwiste et de l’Élohiste?”; Pury
and Römer, “Le Pentateuque en Question,” 45–46, 55, 65; Rendtorff, “L’histoire bib-
lique des origines,” 84. The fate of the Elohist is tied up with the fate of the Yahwist (J)
(see Ska, “The Yahwist” and other papers in the Abschied volume). For recent arguments
for E as a source and the documentary hypothesis in general, cf. Baden, “Rethinking”;
Friedman, Who Wrote the Bible; “Recession”; Nicholson, Pentateuch, 221–248; Propp,
Exodus 1–18; Exodus 19–40. If one wants to identify CCN with E more largely, this
requires the relatively late dating of E (i.e., after 700 BCE, identifiable perhaps with the
second edition of CCN that I will propose later on in this chapter; contra, for example,
the dating of Friedman, “Recession,” 90–91).
50. This verse has been fundamental to the hypothesis of an E source; see Baden,
“Rethinking,” 272–73; Propp, Exodus 1–18, 50–51, 223; Nicholson, Pentateuch,
230–232.
51. One could argue that 3:15b or all of v. 15 is a later addition (Ska, Introduction,
83, sees the adverb “again” ‫ עוד‬as a linguistic marker of redactional expansion). But if
this is the case, then one must posit the existence of a more limited version of the nar-
rative, a proto-CCN, and argue that CC was created as a supplement to this narrative.
The adverb ‫ עוד‬or the supplementary position or character of v. 15b, however, are not
indubitable signs of later expansion. They may be part of an original composition that
provided first a cryptic revelation of the name in v. 14—which certainly would not have
been understood by the people to whom it might have been announced—followed by a
straightforward interpretation of the name which could be understood. In other words, v.
14 by itself would hardly have been a satisfactory answer to Moses’ question in v. 13. See
Baden, “Rethinking,” 288, 309, for some who think that v. 14 is an addition, not v. 15.
52. See also 32:1, 15, 19 (Baden, “Rethinking,” 334 n. 29).
53. 24:11bβ (“and they ate and drank”) belongs to vv. 3–8, according to Baden.
This enlarges the scope of the event and tends to answer objections of correspondence
between 3:12 and 24:3–8 (for example, raised by Booij, “Mountain and Theophany,”
7–8).
54. Exod 3:15 lacks reference to the cult as the place of name announcement, as
found in 20:24 (the “place”) and LH (in the Esagil). But note “the mountain” as a place
of sacrifice in 3:12.
55. Cf. CAD B 156b; CAD Z 115b.
56. One is tempted to speculate about a correlation between the verb “cause to be”
šubšûm (C-stem of bašûm “to be, exist”) and the name Yahweh, which has been inter-
preted as a C-stem “he causes to be” of the verb ‫“ היה‬to be,” and whose meaning is
therefore paronomastically developed in 3:14: ‫“ אהיה אשר אהיה‬I am inasmuch as I am.”
For the name “Yahweh” as a C-verb form, see Albright, Stone Age, 15–16. For the rev-
elation of the name, see Greenberg, Understanding Exodus, 78–84. For the name as a
G-stem in 3:14–15, see Milgrom, “Desecration,” 80–81.
57. See the observation about the multiple and separate occurrences of a “weak
person” (enšum) in LH and the possible influence on the string structure in CC, chapter
3 n. 35.
58. Native idioms about name perpetuity may have also influenced Exod 3:15b.
This is not unusual in view of what we have seen throughout the analysis of CC: CC
takes a motif from LH and actualizes it with its own native phrasing, a necessity when
moving from one language to another. Nevertheless, other cases of the combined use
of the root ‫זכר‬, the noun ‫“ שם‬name,” and the adverbial ‫“ )ל(דר )ו(דר‬from generation to
generation” in the Bible are not necessarily prior to Exod 3:15. Therefore, it is difficult
to specify the degree of native influence. The wording of Ps 135:13 is close to that of
Exod 3:15b: “Yahweh, your name is eternal, Yahweh, your designation is from genera-
tion to generation” (‫)יהוה שמך לעולם יהוה זִכרך לדר ודר‬. This is a late hymn that includes
a recounting of events around the time of the Exodus and may actually draw on motifs
known from the narrative of which Exod 3:15 is part (see Kraus, Psalms 60–150, 492;
Anderson, Psalms, 2:889). Psalm 45:18, with a verbal form of the root ‫ זכר‬similar to that
in Exod 20:24, says: “I (the psalmist or the deity) will declare your (the king’s) name
in each generation; therefore, peoples will praise you forever and ever” (‫אזכירה שמך בכל‬
‫)דר ודר על כן עמים יהודֻך לעלם ועד‬. Though a royal wedding song that seems to presume
the time of monarchy, this psalm does not necessarily antedate CC and Exod 3:15b (cf.
Kraus, Psalms 1–59, 453–454; Craigie, Psalms 1–50,338), and it has been suggested
that v. 18 is an addition that recontextualizes the body of the psalm (cf. Briggs, Psalms,
1:391). Ps 102:13 contains a phrase similar to Exod 3:15b: “your (Yahweh’s) designation
is from generation to generation” (‫)זכרך לדר ודר‬, but this is an exilic or early postexilic
psalm. Other cases of the term ‫“ שם‬name” with an adverb of perpetuity, but without the
root ‫זכר‬, include: 2 Sam 7:26; 1 Kings 9:3; 2 Kings 21:7; Isa 56:6; 63:12, 16; Ps 72:17, 19;
86:12; 113:2; 145:1, 21; 1 Chron 17:24; 2 Chron 7:16; 33:4, 7. See Eising, “‫ זכר‬zākhar,”
76–77 for ‫ זֵכֶר‬referring to deity.
59. It may also be asked if Exod 3:15 may have been influenced in part by the motif
of naming portrayed in the prologue, where toward the beginning of time, Anu and
Enlil “named the city Babylon with its exalted name” (Bābilam šumšu īram ibbi; 1:16–
17). This foundational naming is echoed in Hammurabi’s call described in the prologue
and epilogue: “by my name (the gods) called/named . . . me . . . Hammurabi” (ammura-
bi . . . yâti . . . šumī ibbû; 1:28, 31, 49); “the great gods called/named me (Hammurabi)”
(ilū rabûtum ibbûninnima; 47:40–41). While Anu and Enlil do not announce their own
names, they declare or announce the king’s name. Compare also Hammurabi’s epithet
as “the one who makes the fame of Babylon great” (mušarbi zikru Bābilim; 2:5–6).
60. Schwienhorst-Schönberger (Bundesbuch, 119, 338–357) discusses the thematic
correlations of Exod 22:20–26 with Exod 1–3. He concludes that these verses in CC
come from redactional expansion to make CC fit the Sinai pericope. See his study on
pp. 341–343, 351–353 on the use of the verbs ‫הונה‬, ‫לחץ‬, and ‫ ִענָּה‬for oppression. The con-
nection of ‫ לחץ‬with the immigrant and ‫ ִענָּה‬with widow and orphan is innovative in his
view. Propp (Exodus 1–18,202) notes the similarity in language between 3:9, 22:20, and
23:9 and says that “the Egyptians have violated Israelite standards of conduct toward
foreigners.” For the passages on oppression in Exodus, see Zenger, “Le thème de la
‘Sortie,’ ” 315–316 (and n. 45), 318.
61. The verb ‫ לחץ‬in 22:20 may be secondary (see the previous section of this chap-
ter). But that the laws on the poor in string I (22:20–26) otherwise emphasize the theme
of the oppression over against the treatment at the beginning of string II (23:9–12) may
indicate that this redundancy is intentional and hence original. This becomes especially
cogent when CC appears particularly concerned with the immigrant as a victim of
oppression.
62. Exod 3 has been a laboratory for recent hypotheses of Pentateuchal develop-
ment. See Blum, “Literary Connection”; Davies, “Reflections,” 72–73; “KD in Exodus,”
412–414; K. Schmid, “The So-Called Yahwist,” 39–40; Ska, Introduction, 208–210. For
arguments that Exod 3 is pre-Priestly (though not necessarily pre-exilic), see Dozeman,
“Commission of Moses”; Levin, “The Yahwist and the Redactional Link.”
63. For a discussion of Blum’s view (Studien, 33) that 3:21 with the adverb ‫ריקם‬
postdates Deut 15, see Nicholson, Pentateuch, 185.
64. An ostensible difficulty in this analysis is the wording at the end of Exod 3:20:
“afterwards, he (Pharaoh) will release you” (‫ישַלּח אתכם‬ ַ ‫)ואחרי כן‬. The verb ‫( שלח‬D-stem)
in this verse also appears in Deut 15:13 (cited again here for clarity): “when you send
him free from you, you shall not send him free impoverished” (‫תשלחנו חפשי מעמך לא‬ ַ ‫וכי‬
‫)תשלחנו ריקם‬. Despite this similarity, Deut 15:13 is associable with Exod 3:21 alone, not
also v. 20. Deut 15:13 specifically follows the syntax of Exod 3:21: “when you go forth
you shall not go forth indigent” (‫)כי תלכון לא תלכו ריקם‬. Deuteronomy has replaced the
verb ‫ הלך‬with ‫שלח‬, mainly because the subject-agent of the verb has changed. As a point
of information, the verb ‫ שלח‬D-stem is found throughout Exodus 4–14; cf. 4:21, 23; 5:1,
2; 6:1, 11; 7:2, 14, 16, 26, 27; 8:4, 16, 17, 24, 25, 28; 9:1, 2, 7, 13, 17, 28, 35; 10:3, 4, 7, 20,
27; 11:1, 10; 12:33; 13:15, 17; 14:5.
65. See n. 15; chapter 13, n. 19.
66. For example, Zahn (“Reexamining Empirical Models”) has recently argued that
Exod 13:1–16 is a late post-P composition based on various festival and cultic laws from
CC, D, and P. Levinson (Legal Revision, 171–172) comments positively on her study.
But see chapter 5, n. 98.
67. Levinson, Deuteronomy, 53–97. He says (p. 67) that “as I have commanded you”
in 23:15 is original (to its context), “which reference can apply only to Exod 13:6.” For
him, this is part of 13:3–10, a proto-Deuteronomic unit and a source for Deuteronomy’s
festival laws (see also pp. 68–69).
68. On Deuteronomistic influences in Exodus, see the discussion by Ausloos,
“Deuteronomistic Elements’; “Les extrêmes”; “Need for a ‘Controlling Framework’ ”;
“Need for Linguistic Criteria”; Brekelmans, ‘Die sogenannten deuteronomischen
Elemente”; Childs, Exodus, 451–488; Friedman, Who Wrote, 258; Levinson,
Deuteronomy, 3, 11–13; Nicholson, Pentateuch, 194, 241–245; Vervenne, “The Question
of ‘Deuteronomic’ Elements”; “Current Tendencies,” 47–54; Propp, Exodus 1–18,
376–378; Exodus, 19–40,723–734; Weinfeld, Deuteronomy and the Deuteronomistic
School, 1–2 and passim. On Exod 13:3–16, see Ausloos, “Les extrêmes,” 361–362;
Davies, “KD in Exodus,” 414–415. For Levinson, Deuteronomy builds on a JE narrative
(Deuteronomy, 12–13, 57, 58, 60, 62 n. 30, 65, 67 (and n. 47), 68–69, 72, 76, 77 n. 78,
87–89, 140).
69. For others who see the phrase in 23:15 as pre- or proto-Deuteronomic, see
Caloz, “Exode, XIII, 3–16”; Lohfink, Das Hauptgebot, 121; and see the discussion of
Ausloos, “Need for Linguistic Criteria,” 51 n. 15. For those viewing the phrase in 23:15
as post-Deuteronomic, see Schwienhorst-Schönberger, Bundesbuch, 405–406 and the
references in the discussion of Ausloos, “Need for Linguistic Criteria,” 50.
70. For a bibliography on the Sinai narrative, see Vervenne, “Current Tendencies,”
25 n. 17. For recent discussions of the critical issues about the growth of the narrative of
Exodus 19–24, see Blenkinsopp, Pentateuch, 183–228; Dozeman, God; Oswald, Israel
am Gottesberg; Rothenbusch, Rechtssammlung, 560–561 n. 288; Smith, Pilgrimage
Pattern, 144–179, 232–244. For inconsistencies in the narrative that must be considered
in an analysis, see Levinson, “Is the Covenant Code an Exilic Composition?” 280–281
and n. 12; Rothenbusch, Rechtssammlung, 546–566. Exodus 19–24 cannot be consid-
ered a unity, contra Sprinkle (Book, 17–34), who envisions the chronology of events
differently than laid out in the text to make them consistent, and contra Alexander
(“Composition”) who, relying on the arguments of Van Seters for unity, claims that there
is no evidence for redactional division and undertakes a harmonistic interpretation.
71. My analysis of the basic narrative blocks has been influenced by that of Baruch
Schwartz in a paper that he gave at the annual SBL meeting, San Antonio, Texas,
November 2004, though I allow for a more complex redactional development and I am
not presently concerned about attribution in a larger theory of Pentateuchal sources.
Schwartz proposes a J block in 19:9b–16aβ (to ‫)הבקר‬, 18, 20–25 and an E block in
19:2b–9a, 16aβ (from ‫)ויהי קלת‬-17, 19; 20:1 + Decalogue; 20:18–22, + CC (his analysis
at the time did not continue into chapter 24; see later). Within chapters 19–20, P is in
19:1–2a. This analysis is similar to earlier analyses, such as Noth’s (Exodus, 158–159;
and more recently Propp, Exodus 19–40, 101–103, 141–154; Nicholson, Exodus and
Sinai, 78). Schwartz’s views have influenced Baden, “Rethinking,” 179–200.
Other estimates of material belonging to a basic narrative have been proposed.
Dozeman (God, 23, 25–26, 99–100) sees an original “Mountain of God” narrative in
19:2b–3a, 10aβ–11aα (only ‫)והיו נכנים‬, 12aα, 13b–15aα, 16aβ–17. For him, this narra-
tive is pre-exilic and pre-Deuteronomistic. Eissfeldt (Komposition) includes in his basic
text: 19:2b, 3abβ, 4–8, 10, 13b, 14, 16b, 17, 19b; 20:18aαb, 19–20a, 21; 20:1–17 (the
Decalogue); 24:3–8, 12, 13b, 18b. Levin (“Der Dekalog am Sinai”) says that a divine
mountain story, which contained an original form of the Decalogue (19:2b–3a; 20:1–
3a, 5a, 13–17a; 24:3aαb, 12a, 13b, 18b), was first added to an itinerary notice in 19:2a
(summarized on his pp. 188–189). This was expanded by a story of theophany (mainly
in 19:10–20 and 24:1–2, 9–11; he sees several secondary insertions in these verses).
Somewhere in the secondary growth of the pericope, CC was added. Oswald’s funda-
mental narrative (Israel am Gottesberg, laid out on his pp. 255–262) consists of: 19:2b–
3a, 10a–11a, 14–15a, 16–17, 18bβ–19a; 20:18b, 21b–22aα, + CC (= 20:24–23:19); 24:3,
12*, 13aα, 18aβb. He views this text as Deuteronomistic and dates it to the early exile (p.
148). Patrick (“Covenant Code Source”; Old Testament Law, 64–65) argues that CC’s
narrative included 19:3b–8, 20:22–23:19, and 24:3–8, which may predate Deuteronomy.
This was only later combined with the E narrative, before E was combined with the J
source. Renaud (La théophanie du Sinaï, 101–102) argues for a pre-Deuteronomic story
about a theophany at the mountain in 19:2b–3a, 10–11a, 13b, 14–17, 19; 20:18b, 20 (this
also contained an unelaborated Decalogue), plus two motifs whose original formulation
he finds difficult to extract: i.e., a feast, embedded in 24:9–11, and a consecratory asper-
sion, embedded in 24:4–8. CC was inserted at a secondary stage of Deuteronomistic
editing. Rothenbusch (Rechtssammlung, 417–419, 569–571) argues that CC (minus the
altar laws) was part of the narrative context prior to Deuteronomy. He summarizes (pp.
546–566) the pre-Deuteronomistic text as consisting of 19:2b–3a, 9–19; 20:18–22; 21:1–
23:19; 24:3–8, with a more detailed analysis listing 19:2b, 3a, 9a(?), 10aβ–11a, 12aαβ,
14, 15a, 16–17, (18aαb), 19; 20:18a (without ‫)ואת ההר עשן‬, 18b, 19–21, 22(?); 21:1–23:19*,
24:3–8. Zenger (Israel am Sinai, 155) sees a pre-Deuteronomistic (JE) narrative in:
19:2aβ–3bα, 10aβ–12a, 14–15a, 16–21, 23, 25a; 20:21; 24: 3*–5 (see a more detailed and
different presentation of the textual strata in Zenger, Die Sinaitheophanie, 166–205).

For other views, see Zenger, Die Sinaitheophanie, 11–45, plus the verse-by-verse tabu-
lation of different views on pp. 206–231.
72. See this earlier explanation, for example, in Beyerlin, Origins and History, 4–5;
Eissfeldt, Komposition, 14–15, 18, 31.
73. Some think that 19:9a is an addition to the narrative in view of the repeti-
tion found between vv. 8b and 9b. See Levinson, “Is the Covenant Code an Exilic
Composition?” 280 n. 12 (on resumptive repetition as a criterion of redactional analysis,
see Ska, Introduction, 77–82; Levinson, “Birth,” 636–637). This explanation is not
absolutely certain. Because v. 9b does not record a response by the people (cf. v. 8a), the
analysis as a “resumption” is not strictly apposite. One may wonder if the repetition is
an artifact of joining v. 9a with vv. 10–15, followed by the subsequent addition of vv.
3b–8. That is, when v. 10 and its associated narrative material was added to v. 9a, v. 9b
was created as a link. Later, when vv. 3b–8 were added, v. 8b (perhaps influenced by v.
9b) made v. 9b appear to be a resumptive repetition. Alternatively, when vv. 3b–8 were
inserted, and the direct continuation of 3a to 9a was broken, v. 9a was thereby detached
from its context and a candidate for recontextualization. Verse 9b was inserted as part
of this recontextualization. This allowed the unique content about the purpose of the
revelation to be emphasized over against vv. 10–15, which give technical information
about preparation for the theophany. If 19:9a is not original to the storm-theophany nar-
rative, but is an addition, then its language builds on CC (20:24).
74. For this understanding of the first clause, which a reader in antiquity may have
followed, see chapter 3, n. 28.
75. Evidence does not allow for connecting the motif “Moses approached the dense
fog where God was” (‫ )ומשה נגש אל הערפל אשר שם האלהים‬with the depiction of Hammurabi
before Shamash, who is seated on a throne, engraved on the top of the Louvre stela,
even though OB copies of the stela may have been known in the Neo-Assyrian period
(see chapter 4, the appendix on Neo-/Late Babylonian manuscript ε; see also the motif
in Exod 33:11, which may be associated with, at least, the second edition of CCN; see
Baden, “Rethinking,” 140, 267). Even more unlikely is seeing the term ‫“( ערפל‬dense
fog, cloud”) as a play on or cipher for the name Hammurabi (cf. Ugaritic royal name
‘mrpi/‘mrpu ‘Ammurapi and ‫אמרפל‬, a king of Shinar, i.e., Babylon, in Gen 14:1, 9; for
basic critical considerations, see Meier, “Hammurapi,” 41–42).
76. Several see redactional development in 24:3–8 (see Schwienhorst-Schönberger,
Bundesbuch, 302 n. 16). Oswald (Israel, 57–58, 91–94, 261) argues that only v. 3 is
original. In contrast, Rothenbusch (Rechtssammlung, 567–571) says that 24:3–8 are a
unity and proto-Deuteronomic (the verses reflect vassal treaty conceptualization, which
is at home in the seventh century). Carr (“Response to W. M. Schniedewind,” 7–8) sees
24:3–8 as a late text that “links P and non-P elements of the Exodus Sinai narrative,
harmonizing both with Deuteronomy on the one hand and 2 Kings 23 on the other.” Ska
(“From History Writing,” 160–169) argues that 24:3–8 is a unity and late (its lateness is
evident in is sophisticated liturgy, the valuation of literacy in the passage, and the sprin-
kling of blood). Levinson (Deuteronomy, 60) indicates that Exod 24:6, for example, is
JE. His discussion on p. 148 implies that 24:4 is pre-Deuteronomic. Elsewhere (“Is the
Covenant Code an Exilic Composition?” 281–283), he suggests that 23:3–8* predates
CC. Within Exodus 24, Baden attributes to E vv. 3–8, 11bβ (“and they ate and drank”),
12–15, 18b (see his “Rethinking,” 186 n. 146 and also pp. 140, 180, 181, 184 n. 142, 186
and n. 147, 195, 218, 372). For a discussion of issues surrounding 24:3–8 (and the related
19:3b–8), see Nicholson, “Covenant Ritual in Exodus xxiv 3–8” (with helpful summary
of earlier views, including the argument of Perlitt, Bundestheologie).
77. Compare the setting up and inscription of laws on stones in Deut 27:2–8 and
Josh 8:30–32; see chapter 11, n. 73. Hurowitz (Inu Anum īrum, 29 n. 40) compares the
setting up of a monument in Exod 17:14, where Moses is commanded: “write this as
the memorial in the (a?) document and place it in the ears of Joshua (i.e., recite orally to
him)” (‫)כתב זאת זכרון בספר ושים באזני יהושע‬.
78. One can still compare the “publication” of the Covenant Code with the
public display of LH. For the proclamation of biblical law, see Greenberg, “Biblical
Attitudes,” 105.
79. For the view that 19:20–25 are secondary, see for example Blum, Studien, 48–49.
Exod 24:1–2, 9–11bα appear to be a self-contained unit that extends the revelation at
the mountain in respect to the people’s leadership. It may have been part of or joined
with the fire theophany block directly after 19:18 before the addition of 19:20–25 (see
the next observation). Baden, “Rethinking,” 334 n. 30, attributes 24:10 to J; this verse
contextually entails with it 24:1–2 and 9–11bβ. See also Nicholson, “Interpretation of
Exodus XXIV 9–11”; “Antiquity of the Tradition in Exodus XXIV 9–11”; “Origin of
the Tradition in Exodus XXIV 9–11” (he sees 24:9–11 as distinct from the surrounding
traditions and materials).
80. Kratz, “Der Dekalog im Exodusbuch,” primarily pp. 216–217, 219, 222–223. For
him, the Decalogue in Exodus 20 is earlier than that in Deuteronomy 5. He concludes
that the Decalogue in Exodus developed as a summary and even a prologue-like antici-
pation of CC, probably in the context of a pre-Priestly Sinai narrative. This could have
been in the late pre-exilic monarchy or in the exile (depending on the date of Deut 5
and 9–10, which depend on the Exodus narrative). (He also argues that Exod 34 was
influential on the Decalogue; this must remain a point for further study; see chapter
11 n. 82.) Further evidence for the secondariness of the Decalogue from the evidence
of the present study is the six/seven pattern in the Sabbath law (20:8), which is similar
to the six/seven pattern in CC (21:2; 23:10, 12). CC’s wording appears to depend on
and transform the three/four pattern in the legislation of LH 117 (see chapter 5, n. 25).
Therefore, it appears that the Decalogue’s Sabbath law in 20:8 is secondary to the CC/
LH compositional matrix, unless one argues for an original brief Sabbath law that read
only ‫“ זכור את יום השבת לקדשו‬Remember to keep the Sabbath day holy” (so Weinfeld,
“Decalogue,” 13) that was later expanded by the pattern found in CC. The laws about
Yahweh’s name and false witness in 20:7, 16 also have keen similarities with 23:1–2, 8
(possibly 22:10), which point to dependence; the direction seems to be from CC to the
Decalogue. See also Levinson, “Human Voice,” 46–48, for the possibility of Assyrian
treaty influence on Exod 20:4–6, which supports seventh-century composition. Blum
(“Israël à la montagne,” 273) sees the theology of mediation surrounding CC, in con-
trast to the direct revelation of the Decalogue, as secondary.
81. That the Decalogue is secondary can explain the awkward phrase “and all of the
laws” (‫ )ואת כל המשפטים‬in 24:3. This looks like an insertion. It clearly refers to CC, mak-
ing reference back to the term “laws” (‫ )משפטים‬in the introduction to the casuistic laws
in 21:1. But rather than taking this as evidence that CC was inserted late (cf. Levinson,
“Is the Covenant Code an Exilic Composition?” 281–282), one can understand the
term “the words (of Yahweh)” (‫דברי יהוה‬/‫ )הדברים‬in 24:3, 4, 7, 8 to have referred to CC
when the Decalogue was not part of the narrative. When the Decalogue was added,
the term “words” (‫ )דברים‬came to refer to that collection, especially as the Decalogue’s
introduction used this term (20:1). Hence it was necessary to add the gloss “and all of
the laws” in 24:3 to make reference to CC as well. See also Jackson, Wisdom-Laws,
454, 461 (and n. 169 there with literature); Schwienhorst-Schönberger, Bundesbuch,
411, 413 (for him, the Decalogue was added at the level of priestly redaction; similarly
Nicholson, “The Decalogue,” 431–432).
82. See Baden, “Rethinking,” 183–184. Levinson (“Is the Covenant Code an Exilic
Composition?” 284) notes that Deuteronomy portrays only the Decalogue as what was
spoken at Horeb and that (n. 20 there) “Deuteronomy 5 only makes sense as a response
to the prior combination of the Decalogue and the Covenant Code.” Phillips similarly
notes (“Fresh Look,” 45) that “the Deuteronomistic redactors may have deliberately
rejected the [book of] Exodus tradition by affirming that nothing else was added to
the Decalogue [Deut 5:22]. This they achieved in two ways. First, they introduced the
two tablets immediately after the giving of the Decalogue (Deut. v 22), whereas in
the Exodus account they do not appear until after the Book of the Covenant has been
mediated to Israel by Moses (Ex. xxiv 12). Second, they reconstructed the account
of their replacement. So in Deut. ix 1–x 11, after the incident of the golden calf, the
Deuteronomistic redactors described Moses breaking the two tablets of the law
inscribed with the Decalogue and going back up the mountain taking the fresh-hewn
replacement tablets on which it is specifically asserted that the Decalogue was rewrit-
ten by God himself (Deut. x 4).” Blum (Studien, 93–94) compares Exod 19–20 with the
structure of Deut 5 and notes that Deut 5 is very similar in overall plot to Exod 19–20,
with Deut 5 replacing CC with the revelation referred to in 5:31 and 6:1. He concludes
that CC was embedded in the context of Exod 19–20 before the writing of Deut 5–6.
83. Other additions to Exod 19–24, not addressed in the main discussion in the text,
include the following (see also n. 73):
(1) The “appendix” to CC in Exod 23:20–33. This does not appear to be an organic
part of CC, and it does not appear to derive from LH or similar sources (but see
Levinson’s observation in n. 93 in this chapter). The term ‫“ מקום‬place” in 23:20, for
example, is used in a different sense than in the altar and asylum law of 20:24; 21:13 (see
Ausloos, “Deuteronomistic Elements,” 490–491). The passage also breaks up the flow
from revelation to report and covenant commitment in 24:3–8. The passage may have
been added in a second edition of CCN, when the Decalogue was presumably added
to the narrative. For discussions, see Ausloos, “Angel of YHWH,” Boecker, Recht und
Gesetz, 117; Childs, Exodus, 486–487; Crüsemann, Torah, 171, 178–181; Houtman,
Exodus, 3:80; Osumi, Kompositionsgeschichte, 63–70; Schwienhorst-Schönberger,
Bundesbuch, 410–414; also n. 3 earlier.
(2) Exod 20:22b. This, technically, is the beginning of CC in the present context.
This has the phrase “you have seen” ‫אתם ראיתם‬, which is identical to the wording in
19:4. This way of describing the people’s experience is similar to Deuteronomic idiom
(cf. Deut 4:3, 15; 11:7). The locus of revelation “out of heaven” in 20:22b is also the same
as in Deut 4:36. This is taken as a major indication that CC was inserted into the nar-
rative by Deuteronom(ist)ic editors. Cf. Baentsch, Bundesbuch, 45–48; Blum, Studien,
92–93 and n. 207 there. Osumi (Kompositionsgeschichte, 185–195) says that 19:3–8 is
built on 20:22–23. Weinfeld (Deuteronomy and the Deuteronomic School, 206–207 and
n. 4) says that the description of the revelation as “out of heaven” in 20:22b contradicts
19:11, 20 (cf. Levinson, “Is the Covenant Code an Exilic Composition?” 280 n. 12) but
agrees with Deut 4:36. He concludes that Exod 20:22b is either an addition or that it is
E (proto-Deuteronomic). Beyerlin (“Paranäse,” 13–14) says “you have seen” in 20:22
is similar to Deuteronomy’s idiom but is nonetheless distinctive. Hossfeld (Dekalog,

177–178) says that 20:22a looks priestly and that v. 22aα could be Deuteronomistic
with 22aβ being priestly. He says (p. 179) that 20:22b is similar to 19:4a, but only simi-
lar, not the same. For a discussion of the evidence and studies, see also Rothenbusch,
Rechtssammlung, 558, 589–596. Despite the hesitations of various scholars, it is not
clear that the phrase in 20:22b is an addition. It actually does not contradict the scenario
of a storm theophany—storms are in the sky, and this is whence the thunder is heard.
That the half verse is Deuteronomistic is not clear, given the priority otherwise of the
CCN over Deuteronomy. Note that the idiom is consistent generally with “you know”
(‫ )אתם ידעתם‬in 23:9, which is not an addition according to the estimate of the present
study. See nn. 3, 4, 13, 47 in this chapter.
(3) Only at a late stage (Persian period) was the Priestly material (i.e., 19:1–2a;
24:15b–18a) blended with the mountain/Sinai narrative.
84. For the identification of the narrative thread of the Golden Calf story, see Baden,
“Rethinking,” 100–01, 126, 140, 152, 155, 180, 181, 184–85, 188–89, 191, 193–98, 202–
03, 206, 218, 266–71, 290, 295, 307–310, 334–36, 352–54, 372–73, including several
of his notes on these pages. Blum (“Israël à la montagne,” 275) notes how the sin of
the Golden Calf story seems totally contradictory to the revelation of the law in Exod
19–24. This seems to be an indicator of a redactional rerouting of an original CCN
with a different purpose. Several argue that CC reflects northern concerns (Goldstein
and Cooper, “Festivals of Israel and Judah,” 21 [cf. 22], say, for example, that “the spe-
cial times of the Northern calendar . . . are recorded in Exod 23:10–19, [and] generally
acknolwedged to be an early and relatively pristine Northern text”). These judgments
must be reassessed in light of the evidence of this study.
85. For other translations, see Lewis, Sargon Legend, 24–29 (with transliteration
and accompanying commentary); COS 1:461; Foster, Before the Muses, 803–804;
ANET 119.
86. Lewis, Sargon Legend, 149–209 with analysis of folkloric motifs on pp. 211–
272. He provides summary descriptions of tales from around the world about the aban-
donment or exposure of children, several of which involve leaving a child in a body
of water in a basket or other container and the discovery and raising of the child by
another party. He discusses “a Semitic subtype” on pp. 255–257, noting that of the four
belonging to this class only two belong to the first millennium (i.e., the Akkadian and
biblical stories); the others derived from the Bible’s story. He discusses differences on
p. 264. Greenberg says that the differences between the biblical and Akkadian stories
and a closer parallel in Egyptian myth indicate that the biblical story cannot be depen-
dent upon the Akkadian version (Understanding Exodus, 198–199; rejected by Lewis,
Sargon Legend, 263–266).
87. Otto concludes that the biblical narrative depends on the Neo-Assyrian story
(“Political Theology,” 72–75). He notes the specific motifs shared by the two and goes
on to say (p. 74) that the story of the Israelites’ oppression and labor in Egypt was
influenced by Neo-Assyrian descriptions of forced labor, citing a royal inscription
of Esarhaddon (Niniveh A § 27 V 40–42, 47–53, 55, 74075, 82-VI 1; in Borger, Die
Inschriften Asarhaddons, 59–61). He says (pp. 74–75) that “the Moses-Exodus account
in Ex 14*, 19*, 34* was also influenced by Assyrian royal ideology which it displaced
by means of subversive reception.” He notes (p. 75): “This [creation of a story on the
basis of Assyrian models and motifs] was not an idea of Judaean groups during the exile
but a Judaean counter-programme of the seventh century BCE, which rejected Assyrian
claims to loyality [sic]. For the first time in the Ancient Near East the idea of politi-
cal freedom because of obligations to God’s will was born.” Sparks (Ancient Texts,
280) suggests that “the Hebrew writer took up the motif from the Sargon legend . . . and
applied it to Moses in order to portray Israel’s lawgiver as a similar hero.”
88. The texts are listed in Lewis, Sargon Legend, 11; Glassner, “Le récit.”
89. Lewis (Sargon Legend, 106–107) considers evidence for composition during
the time of Sargon II and says: “if the Legend had been written during the reign of
Sargon II, it would probably be a product of his later years. The most likely motive
would be to glorify Sargon II by showing that he was a worthy successor to Sargon
of Akkad. At the same time, this would help to explain the selective list of exploits
attributed to the Akkadian king in the Legend, for at least some of these correspond
to the actual experiences of Sargon II.” Franke (“Kings of Akkad,” 837) says the story
“could have been composed at the court of Sargon II . . . to exploit [the earlier] Sargon’s
deeds as a paradigm of his own.” Foster (Before the Muses, 803; cf. From Distant
Days, 165) says that the “language and content point to a first-millennium date for this
composition, which may have its origins in the court of Sargon II of Assyria.” Glassner
(“Le récit,” 8) says: “Il n’est guère douteux que dans l’Assyrie des Sargonides, le récit
autobiographique servit à légitimer la figure controverséee de Sargon II que prit le
pouvoir dans des circonstances troubles.” Morgan (in Chavalas, Ancient Near East,
22–24) does not want to exclude the possibility that there may be a kernel of the tale
that goes back to the time of the first Sargon. Dalley (“Influence of Mesopotamia,” 68)
allows for a second-millennium date for the story. See Limet, “Aspect mythique,” for
other discussion.
90. See chapter 4, n. 51. The majority of Neo-Assyrian stelae fragments found
in the land of Israel date from the time of Sargon. Horowitz, Oshima, and Sanders
(Cuneiform, 19) note that fragments Ashdod 2–4 (see chapter 4) “most likely mark
Sargon II’s conquest of the city in 712 BCE. Ben-Shemen 1 is also dated to the reign of
Sargon II. . . . We concur and surmise that the stele fragment from Samaria (Samaria 4)
dates to early in the reign of Sargon II, soon after the fall of the northern kingdom and
its reorganization into an Assyrian province . . . [though] we cannot be certain of this.”
91. Lewis (Sargon Legend, 265) describes the revision involved in the biblical tale:
“Were we to strip away all the obvious innovations present in the Exodus birth story,
we should be left with a basic tale structure that might approximate the Vorlage”; and
further (p. 266): “After eliminating the Hebrew contributions, one finds a tale structure
based on . . . the same pattern present in the Sargon Legend and the hypothetical arche-
type. The author of the Moses story may have known of and have been influenced by
the Sargon tale, as he was apparently influenced by other Mesopotamian traditions.
Cuneiform documents such as an Akkadian fragment of Gilgameš found at Meggido,
clay liver models from Hazor, and El Amarna correspondence, testify to the presence
of cuneiform literature in Syria-Palestine during the second millennium. Of course,
the Moses birth story might just as easily have derived from an unknown version of
the exposed-hero tale.” Note that Lewis paints himself into the same chronological
corner of Akkadian textual attestation that other scholars have done in trying to explain
similarities between CC and LH. He does not consider the Neo-Assyrian period, even
though he cites recent scholarship that concludes that “the Moses birth narrative
belongs to the youngest strata of Exodus tradition” (pp. 264–265).
92. One other correlation between CC and its narrative that might be considered sig-
nificant is the language of a case (‫ )דבר‬coming or being brought (‫ )בא\הביא‬in connection
with the deity described with the general term “the God” (‫ ))ה(אלהים‬in Exod 18:15–16,
19, 22, 26 and 22:8. Chapter 9 suggested that the language of 22:8 was influenced by the
wronged-man passage in the exhortatory block, “let a wronged man (awīlum ablum)
who has a case (“word”; awātam) come (lillik) before the statue of me, the king of
justice,” interpreted in connection with the performance of judicial oaths and activities
“before the god” ([ina] maar ilim), found in the casuistic laws. The idiom in Exod 18
may have a compositional association with CC, similar to what has been proposed for
idioms in 3:15b or 19:19a. Bovati (Justice, 219) does not think the descriptions 22:8
and 18:15 are phenomenologically the same. For discussion of Exodus 18 in general,
see Knierim, “Exodus 18”; Schäfer-Lichtenberger, “Exodus 18.” For the dependence
of Deut 1:9–18 on Exod 18:13–27, see Baden, “Rethinking,” 134–141 (compare in par-
ticular Deut 1:17 with Exod 18:26 in regard to the motif of a “word” that “comes”).
For a discussion of the reformulation of the tradition of Exodus 18 in Deuteronomy 1,
see Levinson, “First Constitution,” 1864–1871; cf. Brettler, Creation, 65–70. Jackson
(“Modelling,” 1804) sees a similarity between 23:1–8 and Exod 18, suggesting that both
were added to the Sinaitic pericope by the same hand.
Some narrative correlations may have developed after CC was in place in the nar-
rative. Such include various motifs in Exod 19:3b–8: “you shall be for me . . . a holy
nation” (‫ גוי קדוש‬. . . ‫ ;ואתם תהיו לי‬19:6), similar to “you shall be a holy people to me”
(‫ ;קדש תהיון לי אנשי‬22:30); “he placed before them all of these words” (‫וישם לפניהם את כל‬
‫ ;הדברים האלה‬19:7), similar to “these are the laws that you shall place before them” (‫אלה‬
‫ ;המשפטים אשר תשים לפניהם‬21:1). Exod 19:3b–8 may be an addition, a covenant ceremony
described to anticipate 24:3–8. (Baden, “Rethinking,” 181, and Schwartz [see n. 71]
believe that 19:3b–8 was part of the storm theophany story.) For the lateness of 19:3b–8
in the narrative context, see Otto, Wandel, 57; Schwienhorst-Schönberger, Bundesbuch,
411; Ska, “Exode 19,3–6,” 292–293 and passim. Ska’s review of various views about
19:3b–6 (pp. 289–290) shows the difficulty in comparing these verses with other
strata. Blum (Studien, 92–93; cf. pp. 46–47, 169–172) says that 19:3b–8 and 24:3–8
are on the same level and compositionally coordinated with the Deuteronomistic inser-
tion of CC. He notes, as several have, that the introduction to CC in 20:22 specifi-
cally parallels the language of 19:4 (“you have seen” ‫ ;אתם ראיתם‬p. 92 n. 207). Osumi
(Kompositionsgeschichte, 185–195) downplays these phraseological connections. On
the holiness of the people, see n. 15 in this chapter. The idiom of torah placement in
Deut 4:44 is probably based on Exod 21:1.
Though we cannot enter into an analysis of Exod 32, the wording “making for oneself
gods of gold” in 32:31 (cf. 1 Kings 12:28) may depend 20:23 (cf. Phillips, “Fresh Look,”
51; Blum, Studien, 50), though most claim the reverse; see Blenkinsopp, Pentateuch,
197; Schwienhorst-Schönberger, Bundesbuch, 412 (cf. Otto, Wandel, 5).
Other correlations with the narrative of the Pentateuch are probably coincidental,
including the word pair “wound/injury” in 21:25 and in Gen 4:23 (cf. Schwienhorst-
Schönberger, Bundesbuch, 119, 338–357); the adjective “Hebrew” in Exod 21:2 and 1:15,
16, 19; 2:6, 7, 11, 13; 3:18; 5:3; 7:16; 9:13; 10:3; the immigrant in 22:20 and 23:9 and in
the explanation of the name Gershom “I have been an immigrant (‫ )גר‬in a foreign land”
(2:22; cf. Zenger, “Le thème de la ‘Sortie,’ ” 312); homicide and injury laws in 21:12,
18–19, 22–25 and the story about Hebrews’ fighting and Moses’ killing an Egyptian
(2:11–15); the prescriptions for the altar and sacrifice in 20:24–26 and the request to
make sacrifice in the “J” plague episodes (3:18; 5:3, 8, 17; 8:4, 21, 22, 23, 24, 25; 10:2; CC
need only have an association with the sacrifice of 3:12); stoning in 21:28, 29, 32 and
in the fire theophany of 19:12–13 (cf. Jackson, Wisdom-Laws, 257, 266; see also pp. 263,
265 and Fensham, “Liability,” 89).
93. Some see 20:24–26 as a type of prologue to CC (Phillips, Essays, 97; Otto,
Wandel, 58, says this prologue was created by the Deuteronomistic addition of 21:1).
Paul says that Exod 19:3b–6 plus the Decalogue is a prologue (Paul, Studies, 11–42;
cf. Hurowitz, Inu Anum īrum, 4 n. 9; Lemche, “Hebrew Slave,” 130–131; Osumi,
Kompositionsgeschichte, 8–9). Several see 23:20–23 as an epilogue (Fensham,
“Rôle,” 271–272; Houtman, Exodus, 3:80, 270; Levinson, Deuteronomy, 66 n. 42;
Osumi, Kompositionsgeschichte, 63; Phillips, Essays, 97; Schwienhorst-Schönberger,
Bundesbuch, 407–408; cf. Otto, Wandel, 8). Levinson (“Deuteronomy [Commentary],”
427) notes that 23:20–33 is a curse section similar to that in the epilogue. Otto (Wandel,
58) sees 23:14–33 as an epilogue. For various views, see Marshall, Israel, 21; cf. Jackson,
Wisdom-Laws, 459–461. An exception to foregoing analyses is Boecker’s view (Law,
137–139; Recht, 118–120) that the initial and final apodictic laws are a prologue and
epilogue. Marshall resists Boecker’s identification, partly because “they are completely
at odds with the prologues and epilogues of the ancient Near Eastern codes.” To be sure,
Boecker does not share the view that CC derives from LH (see the citation of his views
in chapter 1), but his intuition about the structure of CC was exactly right.
Chapter 13
1. See toward the end of the chapter for a narrowing of this chronological window.
2. Other purposes and contextualizations might be imagined for CC: (1) it is sim-
ply a work of scribal scholarship, with no inherent polemic; (2) while making its own
cultural statement setting it apart from LH and Mesopotamian sources, it ultimately
seeks to be pro-Assyrian by flattering imitation of Mesopotamia’s most significant legal
work; (3) it attempts to write a set of laws that responds to local social problems of the
end of the eighth century (e.g., Chaney, “Debt Easement,” who argues that the vari-
ous laws on relaxing debt regulations in favor of the poor came as a result of different
groups of elites competing for the support of the poor; cf. Albertz, “Theologisierung,”
120–124); (4) it is a polemic against Israelite or Judean monarchy; (5) it attempts to tie
law with the cult and thus empower priests over prophets and the local king; (6) the text
was written by an Assyrian immigrant and scribe (who knew LH), hence the focus on a
‫“ גר‬immigrant,” These options are less compelling than that argued in this study.
3. Another exception, quite minor, is the negligence law in 21:33–34, if this is not
based on LH 229–230, but on a law like NBL 3 (see chapter 8). Nevertheless, it is
worked into the context of the goring ox as CC moves on to the topic of property law.
The other three instances of visible correlation with cuneiform collections other than
LH, in the talion/miscarriage, burglary laws, and sorcery laws (see table 1.3 in chapter
1), are not problematic. The first two topics originate in the context of LH and only
add motifs from other sources. The sorcery law is part of the miscellaneous appendix
influenced in part by the participial source, which, as already noted, is subordinate to
the use of that source for rendering laws from LH in 21:12–17.
4. It is argued that the second-person forms in CC derive from treaty formulation
(e.g., McConville “Singular Address”). If so, then treaty influence is broader than just
22:23 or the narrative of 24:3–8. For reservations about treaty influence in this stylistic
feature, see Morrow, “Generic Discrepancy,” 148–149.
5. The ability of CC’s author to cross-reference and recombine various laws from
LH is made more reasonable in view of a theory of combined textuality and orality
developed by Carr, Writing, esp. 3–73 (see also Hurowitz, “Spanning the Generations”;
Carr, “Response to W. M. Schniedewind,” 4; Niditch, Oral World). Carr (Writing,
34–36, 40, 162) argues that new texts that transform sources may have been created
from intimate knowledge or even memorization of the source texts rather than from
recurrent visual consultation of the texts themselves. Data from this study of CC will
no doubt require modification of Carr’s conclusions. But if CC was intimately famil-
iar with its source, then one need not suppose that every correspondence between CC
and LH (or another supposed source) resulted from the inspection of tablets. For some
criticism of Niditch’s disbelief about scribal referencing, see van der Toorn, Scribal
Culture, 140.
6. Levinson (“Human Voice,” 45) speaks about the “rhetoric of concealment” that
operates in legal revision, “which serves to camouflage the actual literary history of the
laws.” While knowledge of CC’s source might allow a general audience to appreciate
the composition from a literary-academic point of view, this knowledge would actually
undermine the ideological effect toward which the author(s) were striving.
7. Levinson (“First Constitution,” 1887–1888) notes: “In their own way . . . Deuteron-
omy’s authors were also Founders. They sought to overthrow the neo-Assyrian Great
King, and the yoke of aggressive imperial taxation, in order to establish an independent
Judean polity. The draft constitution they wrote was part of a larger attempt to pur-
chase freedom and cultural autonomy.” Elsewhere (“Is the Covenant Code an Exilic
Composition?” 294 n. 37) he notes my argument about CC serving a strategy of “cul-
tural subversion” and then asks: “Taken together, this raises the question of whether
two legal texts that are diverse in cultic and social agenda (the Covenant Code and
Deuteronomy) could each draw upon cuneiform traditions (the legal collection and the
loyalty oath) during the Neo-Assyrian period with a single goal: to wield the expropri-
ated literary model against the hegemony of Neo-Assyrian culture.”
8. See Morrow, “Resistance and Hybridity,” for bibliography on post-colonial
theory. See also his “ ‘To Set the Name’ in the Deuteronomic Centralization Formula.”
9. See Morrow, “Resistance and Hybridity,” 335–336 for the citations.
10. Hurowitz, “Hammurabi in Mesopotamian Tradition,” 517–518; Inu Anum
irum, 62–63, n. 70; Weinfeld, Deuteronomy and the Deuteronomic School, 150–151
(compare also Walzer, “Legal Codes,” 339). For other passages like Deut 4:8 that por-
tray the distinctiveness of Israel, see Peter Machinist, “The Question of Distinctiveness
in Ancient Israel,” 196–212. He says (pp. 210–211): “It is the fact and problematic of
Israel’s newness, I would like to suggest, that lie at the heart of the Biblical distinctive-
ness passages. . . . The problematic was simply, and yet most formidably, this: how to
forge an identity for a people that began on the margins of history and thereafter was
faced constantly with a return to marginality—whether cultural, political, military, or
a combination of all these—as against older societies like Egypt and Mesopotamian on
its outside, and Canaanites and others within its midst.” CC functions in the context of
this problematic.
11. Exod 34:10–26 was not a source for CC. See chapter 11, n. 82.
12. Levinson’s criticism of Van Seters’s and Carmichael’s approaches could be seen
as applying to my conclusions. Of Van Seters’s approach, Levinson (“Is the Covenant
Code an Exilic Composition?” 276 n. 8) says: “Other scholars, of course, have adopted
superficially similar positions based on their rejection of the source-critical method.

However, for the coherence of the Covenant Code to be defended by someone with
a very deep commitment to the source and literary criticism is unprecedented.” Of
Carmichael he says (“Carmichael’s Approach,” 236): “If repetition never involves
redundancy but only rhetorical emphasis, and if grammatical inconsistency arises only
because of the impact of a literary source and does not designate different compo-
sitional strata, and if the two problems are never brought into relation, then the text
is intrinsically different from the one that critical scholars confront.” See also Otto’s
methodological critique in his review of Van Seters, Law Book. See, too, Levinson’s
article on empirical evidence for redactional analysis (“Case for Revision,” 39) where
he asks: “Both synchrony and diachrony, finally, are interpretive constructs. The only
question is, which better explains the textual phenomena?” The present study compli-
cates this question by bringing in evidence of an external source to demonstrate empiri-
cally that textual variety may equally arise from the impingement of a source as from
the consequent redaction. See Otto, “Diachronie,” who critiques Westbrook’s approach
to CC as a unity.
13. The use of potsherds by Hebrew scribes to draft compositions, noted by van
der Toorn (Scribal Culture, 21–22), can help explain the intertextuality of sections of
CC and some of the elements that appear to be additions or inconsistencies in the text
(e.g., elements of the altar law of 20:24–26 that appear in the homicide law of 21:12–14
or the placement of the burglary law at 22:1–2a rather than with the deposit law of
vv. 6–7). The use of sherds (or scraps of other expendable material) would have been
particularly suited to drafting a law collection, since discrete topical sections could be
written on individual fragments and rearranged as necessary. Moreover, changes could
be made to the text as the composition evolved in conception. This could also explain
how third-person family law was interspersed among the otherwise apodictic laws of
Deuteronomy 21–25 (see chapter 4). Scholarship has not paid enough attention to the
drafting process to explain inconsistencies in these and other texts.
14. For 22:19b “apart from Yahweh alone” as a possible addition, see chapter 6,
at n. 25 and the discussion of sacrifice to other gods in chapter 7.
15. The Decalogue, if based in part on CC, may also be partly viewed as an updat-
ing (especially in including a law about adultery, missing in CC). For revision in the
Hittite Laws, see short but substantial discussions, with bibliography, by Levinson,
“You Must Not Add,” 16–18, 22–23; “Human Voice,” 41–45. Levinson (“You Must
Not Add,” 13) also observes that “the authors of Deuteronomy might more easily have
inserted the necessary revisions and corrections directly into the Covenant Code,
rather than create an entirely new literary and legal composition. Indeed, certain didac-
tic, theological, and ethical expansions within the Covenant Code and the legal nar-
ratives of Exodus (12:24–27a; 13:3–16) betray such an affinity to Deuteronomy that
they are labeled ‘proto-Deuteronomic.’ If these expansions represent the first liter-
ary expression of a scribal group that may later have composed Deuteronomy itself,
that only sharpens the question: why did they not merely continue in the more con-
ventional vein? Why did they choose instead to compose an entirely new text?” Otto
(“Gesetzesfortschreibung,” 380) notes that “der Umbruch der Josia-Zeit war so tiefg-
reifend, daß eine Reformierung des Bundesbuches durch unmittelbare Fortschreibung
innerhalb dieser Rechtssatzsammlung nicht mehr möglich war, sondern es einer neuen
Sammlung, des Deuteronomiums, bedurfte, die das Bundesbuch auslegt und ergänzt.”
16. Compare the examples of blending sources discussed in Tigay, Empirical

Models, 61–83 (see also the summary in Nicholson, Pentateuch, 224–228). One can
compare Weinfeld’s approach to the curses in Deuteronomy 28 (Deuteronomy and the
Deuteronomic School, 129) who concludes: “There is no doubt, then, that both the VTE
curses and Deut. 28 are composite literary creations, but—as Hillers has already indi-
cated—‘not because of late redactional activity but because the scribes have combined
a variety of traditional curses.’ ”
17. The issue of redaction versus authorship has been a concern in recent studies.
This study will no doubt provide data for thinking about this issue.
18. This analysis indicates that a priority in the study of biblical law, and perhaps of
biblical texts in general, is ascertaining whether a text has used sources as part of the
historico-critical analysis that, as Rofé suggests, must precede any analysis of biblical
law (“Methodological Aspects,” 205–209).
19. CC can be identified as a source or influence in the following laws of
Deuteronomy, if one allows for hermeneutical transformation of CC’s legislation (see
Levinson, Deuteronomy; Lohfink, “Fortschreibung”):
• Cult place and the divine name (Deut 12:1–12, 13–41 // Exod 20:23–24; see
chapter 12, n. 13; cf. Lohfink, “Zentralisationsformel”; Tigay, “Presence of
God,” 210–211; Mettinger, Dethronement, 116–134; for a recent discussion
of redactional development in Deut 12, see Schaper, “Schriftauslegung”).
• Apostasy (Deut 13 // Exod 22:19; Assyrian treaty has served as the major
source for D here; see chapter 4, n. 116).
• Holiness of people and diet (Deut 14:2, 21 // Exod 22:30; 23:19; cf. Exod
19:5–6; Deut 14:21 brings together the two dietary motifs at the end of the
two strings of CC’s final apodictic laws; see chapter 12 n. 15).
• Seventh year (Deut 15:1–11 // Exod 23:10–11; Deut reinterprets the root
‫ שמט‬to refer to debt remission; cf. Otto, “Soziale Restitution,” 153–154,
158–159; see chapter 11, n. 57).
• Debt-slavery (Deut 15:12–18 // Exod 21:2–11; Deut reduces the material
from CC down to one law, according to which only a debtor is enslaved;
this complements the seventh-year law in Deut 15:1–11; see chapter 5).
• Firstborn (Deut 15:19–22 // Exod 22:28–29).
• Festivals (Deut 16:1–17 // Exod 23:14–19; see chapter 12, n. 35).
• Judges and proper judgment (Deut 16:18–20 // Exod 23:1–3, 6–8; see chap-
ter 3, n. 34).
• Appeals court (Deut 17:8–13 // Exod 21:6, 13–14; 22:6–8, 10; see Stackert,
Rewriting, 31–112; chapter 11, n. 79).
• Law of the king (Deut 17:14–20; Deut may be reading CC’s placement of
the local king in the background as a polemic against local kings; cf. Exod
22:27; see chapter 11, n. 30).
• Sorcery (Deut 18:9–14 // Exod 22:17; see chapter 7, n. 27).
• Homicide (Deut 19:1–13 // Exod 21:12–14; see chapter 6, n. 38).
• Talion and witnesses (Deut 19:15–21 // Exod 21:23–25; 23:1–3, 6–8; cf.
20:12; see chapter 6, n. 121).
• Child rebellion (Deut 21:18–21 // Exod 21:15, 17; but see the discussion of
the passage associated with table 4.1 in chapter 4).
• Returning a stray animal (Deut 22:1–4 // Exod 23:4–5; cf. 22:8, 25; Otto,
Wandel, 8; cf. Cooper, “Plain Sense,” 2–4; see chapter 11, n. 96).
• Rape of an unbetrothed virgin (Deut 22:28–29 // Exod 22:15–16; but see
the discussion of the passage associated with table 4.1 in chapter 4).
• Interest (Deut 23:20–21 // Exod 22:24–26; see chapter 11, n. 48).
• Loans, pledges, same-day economic obligations (Deut 24:6, 10–15 // Exod
22:25–26).
• Kidnapping (Deut 24:7 // Exod 21:16; but see table 4.1 in chapter 4;
Stackert, Rewriting, 46–47).
• Individual responsibility (Deut 24:16 // Exod 21:31).
• Widows, orphans, immigrants, and the poor (Deut 24:17–22 // Exod
22:20–23; 23:9, 10–11; see chapter 11, n. 44).
In connection with the last correlation, one can conclude that Deuteronomy’s
instances of an Egypt rationale and other immigrant laws (being an immigrant/slave in
Egypt: Deut 5:15; 13:6; 15:15; 16:12; 23:8; 24:18, 22; 26:5–11; cf. 6:12, 21; 8:14; 13:6, 11;
immigrant and poverty laws 12:12, 18; 14:21; 16:9–13; 24:19–22; 26:12–13) are based on
Exod 22:20–23 and 23:9 and the poverty theme in CC’s final apodictic laws generally.
Deuteronomy tends to collect laws dispersed in Exodus (the slave and seventh-year
laws in Exod 21:2–11 and 23:11–12 are brought together in Deut 15:1–18; also the dietary
laws in Exod 22:30 and 23:19 in Deut 14:21; see chapter 12, n. 15; cf. Chamberlain,
“Exodus 21–23,” 131–133 and passim). But Deuteronomy also splits the laws on the
poor in Exod 22:20–26 (see the preceding passages; Chamberlain, “Exodus 21–23,”
137, uses this as evidence against the early dating and priority of Exod 22:20–26). On
Deuteronomy’s use of CC, see also Weinfeld, Deuteronomy 1–11, 19–24.
20. Levinson, Deuteronomy, 15.
21. Knohl, Sanctuary. See his list on pp. 104–106 for passages that belong to the
Holiness Legislation (his HS = Holiness School) as distinct from those that belong to
Priestly Legislation (= P; his PT = Priestly Torah). See also Milgrom, Leviticus 17–22,
1319–1367, esp. 1332–1344 for a similar view. I also agree with Knohl and Milgrom that
HL is subsequent and dependent on P. I do not agree with their early dating of much
of P and HL. In fact, the dating of CC to around 700 now makes an early dating of HL
impossible.
22. The use of CC by the Holiness Legislation can be seen in the laws on not oppress-
ing the immigrant (Lev 19:33–34; cf. Exod 22:20; 23:9; cf. chapter 11, n. 44); a sacri-
ficial victim and its mother (Lev 22:27–28; cf. Exod 22:29; 23:19; HL brings together,
interprets, and expands related laws from the two strings of the apodictic laws similar
to Deut 14:21; see chapter 12, n. 15; cf. Sasson, “Seething,” 305); talion (Lev 24:17–22;
cf. Exod 21:23–25; chapter 6, n. 121); the seventh-year (Lev 25:2–7; cf. Exod 23:10–11;
Stackert, Rewriting, 115–122; see chapter 11, nn. 48, 57); debt-slavery (Lev 25:39–46;
cf. Exod 21:2–11; see Stackert, Rewriting, 113–164; Levinson, “Manumission”; “Birth”;
Kaufman, “Deuteronomy 15”); and homicide (Num 35:6–34; cf. Exod 21:12–14; see
Stackert, Rewriting, 31–112; “Asylum”). See also Milgrom, Leviticus 17–22, 1355–
1356. P proper, in contrast to HL, did not use CC as a source, as Stackert (Rewriting,
224) notes: “P is strongly self-oriented and does not, as far as I can tell, employ a dis-
cernable revisionary method for its legal composition. In this way, P can be viewed as
unique among pentateuchal law collections. . . . ”
23. Stackert, Rewriting, 224–225. A question that will occupy scholars will be
whether Deuteronomy or the Holiness Legislation sought to replace or merely supple-
ment their sources. If we can learn from the example of CC, it would seem that succes-
sive biblical collections, even though they are beholden to their sources for content and
a certain type of authority, nonetheless seek to supplant them. Stackert (Rewriting, 220–
222) already uses my conclusions about CC for a judgment about Deuteronomy’s and the
Holiness Legislation’s rejection of their sources. Otto (“False Weights,” 132 n. 17, 142)
says that Deuteronomy affirms CC by the Deuteronomistic insertion of CC into the Sinai
narrative, after the formulation of the laws of Deuteronomy. If CC was present in the
narrative before the creation of the laws of Deuteronomy, as I argue, Deuteronomy may
seek to replace CC. For a discussion of the related issue of the “canonicity” or authority of
sources, see Stackert, Rewriting, 209–225; Baden, Rethinking, 358–382. The lack of com-
prehensiveness in successive law collections is not necessarily an indication of their intent
merely to supplement, especially given that the collections may have ideological rather
than purely legislative goals. This issue is related to the larger question of the purpose of
Near Eastern law collections. Most agree that the purpose of these collections, at least
Mesopotamian collections, was not primarily to legislate. On the purpose of Near Eastern
law collections, see Bottéro, Mesopotamia, 156–184; Finkelstein, Ox; “Ammiaduqa’s
Edict,” 102–104; Knierim, “Problem of Ancient Israel’s Prescriptive Legal Traditions,”
14–19; Kraus, “Ein Zentrales Problem”; Leemans, “Quelque considérations,” 414–420;
Mendenhall, “Ancient Oriental and Biblical Law,” 32–34; Otto, “Bedeutung,” 146–152;
Renger, “Hammurapis Stele”; “Noch einmal”; Schwienhorst-Schönberger, Bundesbuch,
256–258; Wells, “What Is Biblical Law?”; Westbrook, “Biblical and Cuneiform Law
Codes”; “Cuneiform Law Codes”; Studies, 2–3. Levinson (You Must Not Add,” 13) notes:
“Despite the ostensible legal form, Near Eastern legal collections were much closer to
literature or philosophy than to actual law in the modern sense.”
24. For a description of the Temple Scroll’s techniques in using its sources, see
Levinson and Zahn, “Revelation Regained,” 306–309, 333–335, and passim.
25. See chapter 11 n. 21 on the idiom generally. The verb in Gen 4:26b may be read
as a pluperfect: “at that time (the time of Seth), the calling on the name of Yahweh had
(already) begun.”
26. Within Exod 19–34, the material to be attributed to this story may include the
verses associated with the fire-theophany thread of Exod 19 (discussed in chapter 12)
plus Exod 24:1–2, 9–11bα, 32:15aα [only a descent notice], 25*, 26–29, 33:1–3, 12–23;
34:2–3, 4aβ*[the ascent notice], 5aβ*–27 (for sorting out this thread, see the reference to
Baden in chapter 12, n. 84). This story would be rather baroque with multiple episodes,
describe Yahweh’s revelation to various members of the community’s hierarchy, and
set the revelation of law after (not before) some sin committed by the people. For the
dependence of the laws in Exod 34 on CC, see chapter 11, n. 82.
27. For a recent argument about P as an independent source, see Nicholson,
Pentateuch, 196–221 and Schwartz, “Priestly Account of the Theophany.” Some of
those who employ postdocumentary approaches to the Pentateuch appear to have come
to reassert the integrity of P as a source. See Levin, “The Yahwist and the Redactional
Link,” 131. I agree with much of what Schwartz says about P’s independence from other
sources, but this study’s dating of CC and its narrative requires a later dating for P than
what he claims (see n. 21), and I am not sure that P was “thoroughly uninfluenced by
[other Pentateuchal narratives] and indeed was unaware of them” (his article p. 110, also
120–130).
28. J in Genesis 1–11 must be earlier than P in the same chapters, contra, for exam-
ple, Blenkinsopp, “Post-exilic Lay Source.”
29. For non-P examples of sacrifice and altar building before the time of Moses, see
Gen 4:1–7; 8:20–22; 12:7–8; 13:3–4, 18; 22:1–19; 26:23–25; 31:54; 33:20; 35:1–7; 46:1 (for
a list of “early,” i.e., J, E, and proto-Deuteronomic altar-building passages in Genesis
and Exodus, see Zwickel, “Altarbaunotizen,” 538–539). The covenant ceremony of Gen
15:1–19 may be included in this list, though the killing of animals described there is not
strictly sacrificial. For the lateness of Gen 15, cf. Dozeman and Schmid, Farewell to the
Yahwist? 17; Gertz, “Transition,” 74.
30. The reason for creating the man in J was to work and guard the Garden of Eden
(2:5, 8, 15). For feeding the god in P and H, see Wright, “Study of Ritual,” 133. For a
recent study of the similarities in P and in Mesopotamian tradition, see Sparks, “Enūma
Elish.”
31. P’s extended process of creation is reflected in the creation of astronomical fea-
tures in Gen 1:14 that set in motion the weekly and annual cycles. The term ‫“ אתת‬signs”
in the verse anticipates the Sabbath, described with the same term (Exod 31:13, 17). The
term ‫“ מועדים‬festivals” anticipates the festival calendar in Lev 23 and Num 28–29. The
terms ‫“ ימים‬days” and ‫“ שנים‬years” refer more generally to the annual cycle. The annual
cycle is set in place with the creation of the lights, and the cycle of weeks is begun with
the week of creation. These temporal cycles operate in the background of P’s history
until the time of Moses. P nonetheless reflects preoccupation with these cycles before
the time of Moses in the description of the ages of characters and the dating of the
flood in its Genesis narratives. Israel is finally notified of the existing temporal cycles
at two points in history. The annual cycle is revealed in Exod 12:2: “This month is the
beginning of months for you.” The weekly cycle may have been revealed in the manna
episode in Exod 16, if this belongs to P (P may include vv. 2–3, 6–35a, 36; see chapter
5 n. 25 for dispute about the source attribution). If this is not P, then within P/HL the
Sabbath is introduced in Exod 31:13–21. In addition to the issue of the calendar, the
description of the building of the wilderness tabernacle uses language similar to the
creation story, thus implicitly representing it as a fulfillment of the creative process (cf.
Gen 1:31–2:3 and Exod 39:32, 43; 40:9, 33; see Weinfeld, “Sabbath, Temple”; Levenson,
Creation, 78–99, 100–120). Schwartz (“Priestly Account”) notes P’s culminating nar-
rative focus (p. 109): “[P] telegraphs early events and rushes to Sinai, after which it
slows down to a snail’s pace and becomes a protracted tale of endless lawgiving” and (p.
134) “the tabernacle-lawgiving pericope, from Sinai to the plains of Moab, comprises
the bulk of the Priestly work and is indisputably its climax and focal point, indeed its
raison d’être.” For the culmination of creation in P with the sanctuary building, see
Ska, Pentateuch, 27–28. One of the problems involved in this analysis of P’s narrative
is whether some of it should actually be ascribed to H (see Tanchel, “Honoring Voices,”
13–114).
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Author Index
Abusch, Tzvi, 399, 404, 418, 440, 481 Ben-Dov, Jonathan, 488
Adams, Charles, 386 Bennett, Harold V., 476
Albertz, Rainer, 383, 389, 445, 472, 503 Bergmann, E. 404
Albright, William Foxwell, 493 Berlin, Adele, 433, 436
Alexander, Elizabeth Shanks, 386 Bernat, David A., 414
Al-Rawi, Farouk N. H., 400 Bettenzoli, G., 478
Alt, Albrecht, 16, 368, 386, 407, 423, 424, Beyerlin, Walter, 380, 478, 483,
442, 446, 483 497, 499
Anbar, Moshé, 422, 425, 480 Bickerman, E., 459
Anderson, A. A., 446, 494 Blenkinsopp, Joseph, 368, 371, 409,
Anderson-Stojanovic, V. R., 454 424, 447, 455, 492, 496, 502, 509
Andreasen, N. E., 478 Blum, Erhard, 481, 492, 495, 498,
Ausloos, Hans, 495, 499 499, 500, 502
Boecker, Hans J., 16, 367, 368, 389,
Bach, Robert, 390 420, 473, 499, 503
Baden, Joel S., 482, 493, 496–500, de Boer, P. A. H., 417, 418
502, 508 Boling, Robert C. and G. Ernest Wright, 474
Baentsch, Bruno, 465, 484, 485, Bonkamp, B., 369, 374
492, 499 Borger, Rykle (Riekele), 118–119,
Baltzer, Klaus, 410 399, 400, 404, 405, 415, 445, 469
Barbiero, Gianni, 377, 479 Börker-Klähn, Jutta, 392
Barmash, Pamela, 372, 389, 394, 422, 423, Borowski, O., 454
426, 438–440, 442, 465, 472, 473 Bottéro, Jean, 400, 508
Bar-On, Shimon, 481, 491 Bovati, Pietro, 424, 430, 436, 460, 462
Becking Bob, 99, 391–393, 395, 396 Boyer, G , 384
Bellefontaine, Elizabeth, 444 Braulik, Georg, 366, 384
553
554 Author Index
Brekelmans, C., 495 Dandamaev, M. A., 410, 414, 428

Brettler, Marc, 472, 502 Daube, David, 413, 434, 436, 448,
Briggs, Charles A., 494 451, 453, 457, 458, 465, 466, 492
Bright, John, 369, 483 David, M. 370, 415, 417
Brin, G., 422, 437, 444, 445, 448, Davies, G. I., 495
459, 479, 482 Diamond, A. S., 442
Brooten, Bernadette, 411, 416 Dillmann, August, 470
Buccellati, Giorgio, 428 Dion, Paul E., 390, 397
Budde, K., 465 Dohmen, Christoph, 381, 435, 472,
Bultmann, Christoph, 476, 482 473, 480, 485, 488, 489
Buss, Martin J., 439 Doron, P., 437
Dozeman, Thomas, 492, 495, 496
Caloz, M., 495 Dozeman, Thomas and Konrad
Caplice, Richard, 404 Schmid 492, 509
Cardascia, Guillaume, 400, 423, 432, Draffkorn (Kilmer), A. E., 462
434, 442, 453 Driver, G. R., 438
Cardellini, Innocenzo, 405, 406, 409–411, Driver, G. R. and John C. Miles 399,
416, 417, 428–430 410, 416
Carmichael, Calum M., 377, 418, 420, 437, Duncan, George S , 368
441, 492, 504, 505
Carr, David M., 365, 375, 385, 387, 389, 394, Edenburg, Cynthia, 375
398, 399, 403, 481, 497, 504 Edwards, Chilperic, 368
Cassuto, Umberto, 408, 415, 420, Edzard, D. O., 475, 481
457, 468, 470 Ehrlich, Arnold B., 446, 470
Cazelles, Henri, 369, 388–390, 405, 407, 417, Eichler, Barry L., 376, 384, 385,
418, 421, 432, 438, 439, 447, 450, 451, 452, 410, 421, 447, 448, 451, 455
453, 457–460, 464, 468 Eising, H., 381, 474
Chamberlain, G. A., 446, 483, 507 Eissfeldt, Otto, 403, 496, 497
Chaney, M. L , 503 Eph’al, Israel, 390, 395
Chavalas, Mark W., 501
Chavel, Simeon, 421 Fadhil, Abdulillah, 119, 120,
Childs, Brevard S., 379, 407, 409, 426, 439, 373, 405
470, 471, 495, 499 Fales, F. M. and J. N. Postgate 394
Chirichigno, Gregory C., 24, 366, 372, 374, Falk, Ze’ev, 414
405, 407–411, 415, 417–421, 425, 429, 430, Fensham, F. Charles, 368, 370, 380, 381,
432, 436, 440, 461, 484, 490 387, 415, 421, 422, 426, 427, 430, 446,
Cogan, Mordechai, 100, 393, 396, 481 447, 450, 453, 454, 460, 461, 468, 470,
Cogan, Mordechai and Hayim Tadmor, 391, 475, 476, 483, 503
394–396, 481 Fincke, Jeanette, 400, 402, 403
Collins, Billie Jean, 400 Finet, André, 445
Collins, N. L., 434, 435 Finkelstein, J. J., 21, 22, 228, 365,
Cooper, Alan, 479, 507 372, 384, 385, 400, 404, 428, 431,
Craigie, Peter C., 494 435, 437, 447, 448, 453, 455, 508
Crenshaw, James L., 399 Fishbane, Michael, 27, 375, 453
Crossan, John Dominic, 385 Fitzpatrick-McKinley, Anne, 367,
Crüsemann, Frank, 98, 370, 377, 384, 389, 369, 372, 389
390, 410, 414, 415, 417, 418, 419, 422, 424, Fleishman, Joseph, 410, 413, 417,
427, 434, 437, 439, 441, 447, 452, 461, 462, 419, 424, 442–445, 475
470, 476, 477, 479, 481, 483, 484, 490, 499 Foster, Benjamin, 500, 501
Cruveilhier, Pierre, 378 Frame, Grant, 395
Frame, Grant and A. R. George, 403
Dalley, Stephanie, 391, 393, 395, 396, 398, Franke, Sabina, 501
446, 501 Frankena, R , 397
Author Index 555
Freedman, D. N. and Held, Moshe, 428

B. E. Willoughby, 408 Herrmann, Siegfried, 424
Friedman, Richard Elliot, 409, 493, 495 Hertz, J. H., 370, 414
Frymer-Kensky, Tikva, 372, 412, Hess, Richard S., 408, 410
450, 464 Hiebert, Paula, 476,
Fuhs, H. F , 471 Hiebert, Robert J., 412
Fuller, R., 434 Hiebert, Theodore, 481
Hoffner, Harry A., 425–427, 446, 460, 471
Gallagher, William R., 391 Hoftijzer, J., 417
Galpaz-Feller, Pnina, 476 Holtz, Shalom E., 416
Gamoran, H., 477 Horowitz, Wayne, Takayoshi Oshima and
Gemser, B., 489 Seth Sanders, 365, 391, 398, 501
George, A. R., 398, 451 Hossfeld, Frank-Lothar, 381, 406, 474, 477,
Gerstenberger, Erhard S., 371, 378, 480, 484–486, 489, 491, 492, 500
418, 423, 425, 436, 472, 483, 488 House, H. W., 432
Gertz, Jan Christian, 509 van Houten, Christiana de Groot, 389, 476
Gesche, Petra D., 103, 394, 396 Houtman, Cornelis, 22, 236, 369, 372, 377,
Gese, H., 423 378, 380, 390, 405, 406, 412, 418, 419, 421,
Gevirtz, S., 387, 406, 425 423–427, 430–434, 436, 438–440, 442,
Gibson, John C. L., 487 444–449, 451–454, 457–463, 465, 468–479,
Gilmer, Harry W., 424, 439 482–484, 499, 503
Gitin, Seymour, 391 Huehnergard, John, 404, 416, 445
Glassner, J.-J., 501 Huffmon, H. B., 479
Goetze, A., 365, 372 Hurowitz, Victor Avigdor, 65, 79, 103, 366,
Goldstein, B. R. and A. Cooper, 500 376, 378–380, 382–385, 394, 396, 400, 403,
Good, Edwin, 455 405, 414, 481, 498, 503, 504
Goody, Jack, 385–387
Gordon, Cyrus H., 461, 462 Irvin, D., 454
Gowan, Donald E., 476
Gravett, S., 412 Jackson, Bernard S , 17, 19, 20, 212, 277, 306,
Gray, Mary P , 407 366, 369, 371–374, 376, 377, 385, 386, 389,
Greenberg, Moshe, 408, 424, 442, 450, 406, 408–415, 417–420, 422, 423, 425–432,
455, 493, 500 434–442, 448–471, 475, 479, 482, 483, 491,
Greengus, Samuel, 372, 385, 387, 405, 499, 502, 503
408, 409, 414, 442 Jackson, Bernard S. and T. F. Watkins 406,
Gressmann, Hugo, 369 410
Gruber, Mayer I., 415 Jacob, Benno, 419, 442
Jaffee, Martin S., 94, 370, 386
Haas, Peter, 455 Jamieson-Drake, David W , 399
Haase, R., 443, 452 Japhet, Sara, 421
Halbe, Jörn, 377, 379, 420, 447, 472, Jepsen, Alfred, 369, 374, 407, 418, 428, 434,
478, 479, 481–483, 485 450, 451, 456, 465
Hallo, William H., 408, 414 Jeremias, J., 368
Hamilton, Jeffries M., 476 Jirku, Anton, 369, 414
Hanson, Paul D., 479, 483 Johns, C. H. W., 367, 368
Haran, Menahem, 388, 399, 410, 442 Johnson, Allan Chester, Paul Coleman-Norton
Hase, Gerhard F., 478 and Frank Card Bourne, 465
Hays, Richard B., 375 Joo, Samantha, 488
Heger, Paul, 382, 398, 455, Jüngling, H.-W., 434, 436, 438, 441
473, 480, 489
Heineman, J., 458 Kapelrud, A. S., 477
Heinisch, Paul, 429 Kaufman, Stephen A , 366, 420,
Hejcl, Johann, 477, 488 421, 507
556 Author Index
Kaufmann, Yehezkel, 370 Liedke, G., 369, 388, 423–425, 436, 441, 448
Kent, Charles Foster, 368 Limet, Henri, 501
Kessler, R., 413, 477 Lindenberger, James, M., 478
Kim, Yung Suk, 442 Lipiński, E., 408, 477
Klíma, J., 382, 428, 479 Lipka, Hilary, 412
Klingenberg, E., 477, 488 Livingstone, A., 473
Klopfenstein, Martin, 390 Locher, Clemens, 369, 409, 411, 412, 419
Knierim, Rolf, 424, 502, 508 Loewenstamm, Samuel E., 432, 435, 437, 439,
Knohl, Israel, 507 455, 477
Knoppers, Gary N. and Paul B., Harvey, 465 Lohfink, Norbert, 373, 375, 377, 380, 406,
Koschaker, Paul, 16, 367 410, 447, 476, 483–485, 495, 506
Krapf, Thomas, 476, 484 Loretz, O , 407, 408, 410, 461, 462
Kratz, Reinhard Gregor, 486, 498, 508
Kraus, F. R., 408, 410, 415, 428 MacDonald, Dennis R., 375
Kraus, Hans-Joachim, 494 Machinist, Peter, 104, 105, 396, 397, 504
Kravitz, Kathryn F., 366 MacKenzie, R. A. F., 425
Krebs, Walter, 446 Magonet, Jonathan, 479
Kronholm, T., 418 Maidman, M. P., 421
Kugelmass, H. J., 436, 441 Maloney, R. P., 477
Kuhrt, Amélie, 366, 391, 393 Malul, Meir, 21, 22, 26, 366, 370, 372, 374,
Kwasman, T. and Simo Parpola, 393 375, 414, 420, 447, 448–450, 453
Marshall, Jay W., 369, 389, 407, 410, 418,
Labuschagne, C. J., 479, 482 432, 442, 452, 458, 466, 475–479, 482,
Laessøe, Jørgen, 107, 399, 400, 404, 405 487, 489, 503
Lafont, Sophie, 411, 412, 419, 432, 433 Matthews, Victor H., 408, 414, 432, 461
Lambert, W. G., 109, 372, 398–400, Mazar, Amihai, 466
403, 436 McCarthy, Dennis J., 397
Landsberger Benno, 384 McConville, J. G., 406, 484
Lanfranchi, Giovanni B., 403 McCurley, Foster R., 409
Lanman, Charles Rockwell, 386 McIver, Robert K. and Marie Carroll, 375
Leemans, W. F., 389, 390, 400, 473, 508 McKay, J. W., 317, 318, 482
Leichty, E., 119, 405 McKeating, Henry, 413, 442
Lemaire, André, 399, 441 Meek, Theophile James, 368, 406, 410, 416
Lemche, N. P., 383, 387, 407, 408, 421, 503 Meier, Samuel A , 497
Lenzi, Alan, 394, 472 Mendelsohn, I., 405, 421, 432
Leonard, Jeffery M., 375 Mendenhall, George E., 366, 372, 483, 508
Levenson, Jon, 509 Meshel, Naphtali E., 487
Levin, Christoph, 424, 478, 482, 489, 492, Mettinger, Tryggve N. D., 506
495, 496, 508 Metzler, Kai Alexander, 415
Levine, Etan, 418 van de Mieroop, Marc 454
Levinson, Bernard M., 23, 27, 118, 357, 366, Milgrom, Jacob, 424, 431, 442, 465,
369, 370–373, 375, 380–382, 385, 388–391, 479, 493, 507
397, 399, 401, 403–405, 407, 415, 420, 421, Milgrom, Jacob and David P. Wright, 460
425, 447, 452, 456, 458, 460, 461, 463, 465, Miller, J. Maxwell and John H.
466, 472–476, 481–485, 489–492, 495–499, Hayes, 390–392
502–508 Mitchell, Christopher Wright, 475
Levinson, Bernard M. and Molly M. Zahn Moran, William L., 397
425, 472, 508 Morgenstern, Julian, 368, 445, 482
Levy-Feldblum, A., 408, 409 Morrow, William S., 105, 114, 115,
Lewis, Brian, 500, 501 350, 351, 373–375, 385, 389, 393,
Lewy, I., 407, 483 395, 397, 398, 400, 402, 406, 439,
Lieberman, Stephen J., 365 448, 483, 503, 504
Liebowitz, H., 454 Müller, D. H. von, 368
Author Index 557
Na’aman, Nadav, 391, 403, 408, 424, 480 Phillips, Anthony, 389, 406, 408, 412, 416,
Nagy, Gregory, 387 418, 446, 447–449, 455, 462, 473, 485, 489,
Naveh, J., 478 492, 499, 502, 503
Nel, P. J., 438 van der Ploeg, J. P. M., 428, 432, 475
Nelson, Richard D., 446 Poirier, John C., 375
Neufeld, Edward, 389, 471, 477 Pons, Jaques, 484
Neumann, Hans, 429 Postgate, J. N., 400
Nicholson, Ernest W., 493, 495, 496, Preiser, Wolfgang, 16, 368
498, 499, 506, 508 Pressler, Carolyn, 411, 389, 406, 408, 412,
Niditch, Susan, 385, 504 413, 415, 418, 432
Niehr, Herbert, 383, 419, 436, 478, 491 Preuss, H. D., 452
Nihan, Christoph, 480 Prince, J. Dyneley, 368
North, Robert, 418 Propp, William H. C., 369, 374, 409, 471,
Noth, Martin, 403, 419, 451, 470, 493, 494, 496
492, 496 Puhvel, Jaan, 471
Pury, Albert de and Thomas
Oberholzer, J. P., 381 Römer, 399, 492, 493
Oded, Bustenay, 100, 391–393, 395
Oelsner, J., Bruce Wells, and Rabinowitz, J. J., 459
C. Wunsch, 402 Renaud, Bernard, 496
Olyan, Saul, 480, 487 Rendtorff, Rolf, 492, 493
Ong, Walter, 385–387 Renger, Johannes, 508
Oosthuizen, M. J., 409 Riccobono, S., 465
Oren, Elyashiv, 419 Richardson, M. E. J., 366, 399, 400, 416, 445,
Osumi, Yuichi, 370, 377, 379, 380, 384, 389, 469, 475
390, 408, 409, 408, 409, 412, 417, 420–425, Richter, Wolfgang, 371, 482
433, 436, 437, 439, 441, 445, 448, 452, 459, Ries, Gerhard, 379, 384, 405, 473
467, 473, 476, 477, 480, 481, 483, 484–486, Riesener, Ingrid, 408, 458, 459
488–490, 499, 503 Ringgren, H. and H. Seebass, 462
Oswald, Wolfgang, 492, 496, 497 Robinson, Gnana, 409
Otto, Eckart, 17–20, 22, 26, 105, 111, 114, 317, Rofé, Alexander, 111, 114, 297, 298, 401, 402,
318, 365, 366, 368–370, 372–374, 377, 384, 432, 442, 475, 506
388, 389, 397, 400–402, 406–409, 411–413, Rollston, Christopher A., 399
415, 416, 419, 422–425, 430, 433–436, 438, Rose, Christian, 481
439, 441, 443, 445, 447–449, 451, 452, 456, Rosen-Zvi, Ishay, 386
458, 460, 461, 465–467, 472, 473, 476, 478, Rost, L., 483
479, 481–485, 487–492, 500, 502, 503, Roth, Martha, 79, 118, 119, 366, 379, 380,
505–508 382–384, 399, 400, 402, 404, 411, 413, 416,
427, 433, 445, 462, 469
Parpola, Simo, 394 Rothenbusch, Ralf, 17, 19, 97, 365, 368, 371,
Parpola, Simo and Kazuko 373, 374, 376, 383, 384, 385, 389, 390, 400,
Watanabe, 397, 473 402, 405–409, 412–436, 439–442, 444,
Patrick, Dale, 422, 446, 483, 492, 496 445, 447–449, 451–462, 464–468, 470, 471,
Paul, Shalom, 374, 401, 411, 412, 417, 481–483, 486, 490, 492, 496, 497, 500
419–421, 430, 432, 434, 449, 450, 451, Rubin, David C , 387
455, 457, 469, 503 Ruwe, Andreas, 426, 442
Pedersén, Olof, 405
Peels, H. G. L , 430 Sarna, Nahum, 408, 421, 436, 439, 455
Perlitt, Lothar, 492, 498 Sasson, Jack M., 479, 507
Person, Raymond F., 399 Sauren, Herbert, 366
Petschow, Herbert, 366, 376, 384, Schäfer-Lichtenberger, Christa, 502
407, 451, 460 Schaper, Joachim, 382, 399, 489, 506
Pfeiffer, Robert H., 374, 478 Scheil, V., 366
558 Author Index
Schelbert, Georg, 458 Tanchel, Susan, 509

Schenker, Adrian, 417, 422, 432, 434, 449 Tigay, Jeffrey, 365, 374, 375, 381, 398, 401,
Schmid, Konrad, 493, 495 409, 473, 484, 506
Schmitt, Götz, 426 Toeg, Arie, 459, 483
Schmitt, Hans-Christoph, 473, 482, 489 van der Toorn, Karel, 201, 385, 394, 396, 399,
Schniedewind, William M., 385, 399 403, 446, 462, 476, 504, 505
Schoneveld, J., 465 Tov, Emanuel, 365, 399
Schotroff, Willy, 423, 424 Tsevat, Matitiahu, 377, 409
Schulz, Hermann, 423, 424, 446 Turnham, Timothy John, 405
Schwantes, Milton, 476
Schwartz, Baruch, 409, 413, 482, 487, 496, Uehlinger, Christoph, 481
502, 508, 509
Schwendenmann, Wilhelm, 405 Van Selms, A., 370, 402, 403
Schwienhorst-Schönberger, Ludger, 17, 18, Van Seters, John, 17, 22–24, 97, 105, 369,
200, 207–209, 214, 236, 317, 318, 366, 367, 372–374, 381, 385, 389, 399, 402, 403, 406,
369, 371–374, 377, 378, 381, 383–385, 389, 440, 448, 476, 504, 505
390, 403, 405, 406, 408, 409, 412, 413, de Vaux, Roland 464
415–418, 420–442, 445–448, 452–454, Veenhof, K. R., 410
456–461, 465–475, 479, 481–492, 494, 495, Veenker, Ronald A., 405, 421
497, 502, 503, 508 Veldhuis, Niek, 404
Seebass, Horst, 448, 449, 455, 463, 467, 493 Vervenne, Marc, 495
Seow, C. L., 379 Viberg, A., 414, 415, 423
Seybold, K., 481 Vincent, George E., 369
Sjöberg, Ake, 404
Ska, Jean-Louis, 389, 399, 492, 493, 495, Wagenaar, Jan A., 417–419, 481, 482, 491
497, 502, 509 Wagner, Volker, 24, 219, 374, 384, 409,
Smelik, Klaas A. D., 481 424, 436, 451, 452
Smith, Mark S., 379, 492, 496 Waltke, Bruce K. and M. O’Connor, 426, 450
von Soden, Wolfram, 110, 400, 418 Walzer, Michael, 455, 473, 504
Sollberger, Edmond, 119, 405 Wapnish, P., 454
Sonsino, Rifat, 406, 407, 423–425, 487–489 Washington, Harold C., 412
Sparks, Kenton L., 373, 375, 487, 501, 509 Waterman, Leroy, 374
Speiser, E. A , 180, 436, 475 Watson, Alan, 367
Sperling, David, 465 Wee, J. Z., 425
Spina, F. A., 377, 476 Weidner, Ernst, 119, 400, 404
Sprinkle, J. M., 405, 409, 414, 415, 418–420, Weiler, Ingomar, 476
423, 426, 430, 432–434, 436, 437, 439, Weinfeld, Moshe, 383, 396, 397, 424,
444–447, 449, 452, 453, 458, 459, 462, 463, 474, 481, 483, 495, 498, 499, 504,
466, 468, 479, 482, 485, 488, 492, 496 506, 507, 509
Stackert, Jeffrey, 357, 370, 375, 419, 421–423, Weingreen, J., 432, 343, 437
425, 426, 440, 442, 478, 485, 486, 490, 491, Welch, John, 377
506, 507, 508 Wellhausen, Julius, 482, 484
Stager, Lawrence E., 466 Wells, Bruce, 23, 26, 370, 373, 374, 385, 388,
Stein, S., 477 402, 411, 415, 438, 443, 447, 460, 461, 464,
Stendebach, F. J., 418 465, 508,
Stern, E., 100, 391, 393 Wenham, Gordon J., 412, 425
Steymans, Hans Ulrich, 397 West, Emily, 375
Stohlmann, Stephen, 396 West, M. L., 25, 374
Streck, M. P., 397, 388 Westbrook, Raymond, 17, 18, 23, 24, 177,
Szlechter, Emile, 469, 477 212, 370, 373, 384, 386, 389, 399, 400, 403,
410, 414–416, 418, 419, 428, 429 431, 433,
Tadmor, Hayim, 391, 393, 395 439, 443, 444, 447, 448, 450, 455, 456, 458,
Tadmor, Hayim and Mordechai Cogan, 396 460, 464–466, 469, 476, 479, 508
Author Index 559
Westbrook, Raymond and Claus Wilcke, 460 Wyatt, N., 415, 475
Whitelam, Keith, 473
Wildberger, Hans, 468 Yaron, Reuven, 27, 212, 378, 400, 402, 403,
Williamson, H. G., 378 411, 415, 425, 431, 448, 450, 452, 460,
Wilms, Franz-Elmar, 481 475–477, 490
Wilson, P. Eddy, 435 Younger, K. Lawson, 100, 394–396
Wilson, Robert R., 389
Wiseman, D. J., 119, 400, 404, 405 Zahn, Molly, 495
Wolff, Hans Walter, 474, 476 Zakovitch, Y., 239, 381, 405, 408–410,
Wright , Christopher J. H., 478 415, 422, 425, 446, 447, 458, 459, 475,
Wright, David P., 365, 366, 373, 374, 482, 490
376–378, 384, 388, 398, 401, 405, Zenger, Erich, 492, 494, 496, 497
407, 411, 415, 420, 430, 440, 445, Zevit, Ziony, 382, 462, 466, 473,
447, 452, 455, 462, 465, 473, 479, 481, 480, 491
487, 488, 509 Ziskind, Jonathan R., 434
Wright, David P. and Richar N. Jones, 388, Zobel, Hans-Jürgen, 476
416 Zwickel, Wolfgang, 473, 509
Subject Index
A-B-A pattern, 70, 74, 81, 286, views about development, 484
347, 353 See also injunctive mood; strings
act of God, 166, 253, 267, 415 Aramaic, 25, 95, 100, 102, 104
Adad-nirari III, 98 archaizing, 169, 174, 370
adultery, 413 Ashurbanipal, 104
Ahab, 98 library of, 116, 402, 403
Ahaz, 97, 98, 102, 116 Ashurnasirpal, II 98
Akkadian knowledge. assault, 205, 285
See scribal institution association. See attraction
alien. See immigrant Assyrian hegemony, 287, 346
altar, 124, 165, 287, 291, 294, 295, 299, 300, Assyrian treaty. See treaty
309, 332, 480 asylum, 136, 155, 158, 159, 165, 191, 313, 442
Amorite hypothesis 4, 20, 24, 372, 388 attraction as an organizational
freedom, 129, 137 principle, 92, 214
animals, 307, 312, 381 audience of laws, 124
injury and death, 44, 50, 265–271 authority, 27
rental, 45, 49, 268, 276–283, 354 See also replacement
theft, 42, 265, 271–274 authorship (versus redaction), 355
returning, 308 axes, thematic, 62, 71–73, 81, 299, 309,
anti-monarchic sentiment, 297, 298 319–321
See also king See also themes
apodictic genre/laws, 8, 24, 51–90, 128,
159, 300, 321, 353, 365 Babylonian exile, 22
Sitz im Leben, 483 Babylonian influence, 367
conceptually primary, 122, before the god. See oaths
305, 345, 478 bestiality, 49, 201–202
561
562 Subject Index
blessing, 71, 73, 80, 81, 298, 299 unity of composition, 3, 5, 6, 15, 55, 97,
bloodguilt, 259, 465 116–117, 124, 125, 128, 132, 151, 189,
borrowing. See animals-rental 198–199, 212, 222, 252–255, 262, 263,
burglary, 42, 46, 47, 49, 230, 231, 287, 306, 318, 322–332, 344, 346,
246, 247, 249, 250, 258–261, 348, 403, 482
265, 274, 354, 465, 505 See also Deuteronomistic style,
burning crops. See crop destruction ideology, narrative, native
practice
calendrical occurrences, 314 creation in P, 358, 509
capital punishment, 161, 226 creativity. See revision
carrion, 226, 275, 312, 313 crop destruction, 46, 48, 49, 230, 236–240,
See also dietary laws 265, 347
casuistic laws and style, 8, 14, 31–50, 124, See also grazing
163, 365 cross-referencing, 27, 198, 203, 230, 235, 236,
themes unsuited to, 67 245–247, 261–263, 265, 280, 281, 306,
casuistic source of law on family and women. 347, 354, 504
See family cult, 55, 74, 75, 80, 81, 263, 286, 294, 300,
chiasmus, 10, 56, 62, 64, 65, 66, 74, 80, 308, 309, 313, 319, 348
82–90, 199, 286, 308, 311, 314–316, 318, cuneiform knowledge.
348, 366, 377, 380, 405, 447 See scribal institutions
See also symmetry cursing, 54, 59, 80, 160, 195, 503
child rebellion, 35, 50, 162, 192–197, 353, 506
child victim. See vicarious punishment date of CC. See Covenant Code
coming of Yahweh, 14, 71, 81, 298, daughter debt-slave. See debt-slavery
339, 475 debt-slave(ry), 24, 32, 50, 123–153, 233, 264,
See also theophany 302–306, 353; of a female 33, 48, 130,
common law tradition, 18 132, 201, 506, 507
common legal problems, 92, 93 debt, nature of, 128, 410
commoner, 37, 428 Decalogue, 62, 339, 342, 344, 378,
comparative analysis, 16–17, 21, 24–28, 205; 381, 409, 424, 478, 483, 486, 498,
359, 365, 375–376 499, 505
compensation. See repayment declarations, legal. See oaths
composition versus redaction, 355 defamation. See humilating striking
compositional logic, 24, 27, 29, 121–345 depasturation. See crop destruction
See also hermeneutics of innovation deposit, 43, 49, 50, 135, 230, 236, 242–252,
conditional conjunctions, 123, 212 265, 266, 273, 274, 354
conflation of slave types, 125, 132, 134, 167, Deuteronom(ist)ic style and editing, 19,
169, 171–174, 350, 410 341, 342, 344, 332–333, 357, 371, 447,
corporal punishment, 190, 264 483–486, 491, 492, 495
correlations. See sequential correlations Deuteronomy, 27, 28, 104, 106, 358
covenant ceremony, 341 date, 97, 126, 293, 323, 350, 355,
See also treaty 356, 388, 397
Covenant Code correlations with, LH, 50
academic product, 15, 152, 251 ideology, 350
date, 3–7, 15, 19, 23, 91–120, 126, 293, 323, order of laws, 366, 401–402
343, 346, 355, 356 sources, 352, 356–357, 487
history of scholarship, 3–28 use of laws like MAL A, 105,
relationship to Deuteromony, 3, 22, 97, 114, 397
355, 397, 489, 355 use of proto-priestly dietary laws, 357
relationship to Holiness Legislation, 22 use of treaty, 103, 114, 388, 401, 485
proto-Deuteronomic 393, 357 See also Covenant Code-relationship to
purpose and goal, 118, 346–352, 503 Deuteronomy; family and women-law
name of the collection, 365 source; treaty
Subject Index 563
dietary laws, 312, 313, 357, 454, 486, 487 frame structure. See A-B-A pattern; inclusio
See also holiness future king (passage), 63, 64, 314, 315, 317–319
differences, 5, 18, 23, 26
distinctiveness of Israel, 504 gender inclusiveness, 148–149
divine law, 290, 323 general law/rule, 183, 251, 252, 256,
Privilegrecht, 290, 472 263, 313, 354, 406, 439, 461
redactional layer, 19, 290 general term for deity, 134–137, 252–258
divine mountain, 297 generalization, 251
divine name, cultic use of, 269 genre, 51
See also name genre change, 15, 68, 69, 283, 348
divorce, 132 Gilgamesh, knowledge of by biblical
dynamic deities, 67, 77, 381 writers, 398
God
ear piercing, 414 generic term for, 256, 263
education. See scribal institutions metonym for the sanctuary, 134, 135, 154,
Egypt rationale, in slave/immigrant 158, 252–258 252
laws, 174, 507 plurality and singularity, 68, 76, 77
Elohist (E) source, 493, 496 protector of the poor, 150–151, 350
See also Pentateuch See also sanctuary; Yahweh
epilogue, 51, 56, 81, 109–110, 378 Golden Calf story, 342, 500
outlined 57 goring ox, 7, 8, 19, 21, 40, 49, 205–229,
epilogue of CC, 503 313, 347
Esagil temple, 60, 98, 102, 299, 300, grazing laws, 49, 50, 230
309, 319, 366, 483 See also crop destruction
See also axes, thematic
Esarhaddon, 403 ab/piru, 4, 126, 129, 151, 408
ethical concerns, 153, 190, 228, 306, 307, 479 See also Hebrew
evil and wicked (persons), 64 Hamath, 100
evolution, legal 6, 93, 97, 370, 372 Hebrew, ethnic adjective, 16, 126, 151, 153,
exaggeration, legal. See rhetorical 173, 305, 323, 502
punishments hermeneutics of innovation, 27, 121, 357
exegesis, 357 See also compositional logic
See also revision Hezekiah, 98, 102, 116
exhortation, 380 history of law, 352
exhortatory block, 11, 57, 70, 80, 82–90, 125, Hittite legal tradition, 400
286, 348, 378 holiness, 312, 401, 482, 485,
explanatory clauses, 329–332 486, 502, 506
Holiness Legislation, 27, 28, 357, 358
family and women law source date, 507
(in Deut 20–25, related to MAL A), See also Covenant Code, relationship
111–114, 352, 357, 376, 505 to Holiness Legislation; Priestly
fearing deity, 341 legislation
feeding the god, 509 homicide, 34, 37, 49, 154–191, 193,
festivals, 11, 14, 55, 60, 62, 309–311, 352, 205, 226, 264, 285, 440, 353, 506, 507
481, 482, 491, 506, 509 humiliating striking, 37, 39, 169
fighting, 179 Husirina (Sultantepe), 100
final apodictic laws, 82–90, 366 hybridity, 351
firstborn, 55, 312, 482, 506 See also ideology; postcolonial theory
first fruits, 55, 312 hyperbole, legal.
first-person of deity/Hammurabi, 19, 291, 292 See rhetorical punishments
flood stories, 106, 359
footnotes, explanatory, 131, 313 idealism, 96
form criticism, 352 See also revision, abstraction
564 Subject Index
ideology of CC, 4, 16, 121, 127, 128, 151, law, terminology for, 79, 492
153, 154, 174, 203, 264, 265, 286, Laws of Eshnunna, attestation, 110, 400
287, 301, 302, 305, 321, 325, 343, 345, Laws of Hammurabi
346–352, 500, 504 as a model for CC, 346–352
See also replacement of Hammurabi with attestation, 3, 106, 118
Yahweh discovery, 7
ideology of Deuteronomy, 293 textual variants (and stela text), 107, 118,
idols. See statue 120, 399, 405
ilicit sacrifice, 202. See offerings See also stela
images. See statue liability, levels, 284, 285
immigrant, 16, 54, 57, 98, 129, 146, literacy. See scribal institution
150–151, 174, 300–302, 377, 476, literary criticism, 207–209, 352, 505
502, 503, 507 literary dependence, 21, 95
impoverished individuals. See poverty loans 302, 507
inadvertence. See intent See also debt
incest, 147, 148 local custom. See native practice
inclusio, 311, 348, 380, 479, 481, 483, 484 lord, title for sovereigns, 61, 298, 380
See also A-B-A pattern; chiasmus lower class. See commoner; slaves
inconsistencies in CC, 355, 404, 505
individual responsibility, 507 maiden, 412
infinitives absolute, 490 MAL A, attestation, 400
initial apodictic laws, 69, 82–90 Manasseh, 99, 116, 397
injunctive genre, 66, 67, 74, 286, 309 marriage, 132, 144
See also apodictic laws mathematical or statistical methods, 28
injury, 36, 39, 50, 165, 167–169, 171, 186 measure-for-measure punishment. See talion
inner-biblical exegesis, 229, 357 memory, 95, 122, 387
institutional development. See evolution Mesopotamian cultural associations, 358
intent, 158, 166–168, 176, 178–180, 185, 186, methodology, comparative, 25, 506
190, 226, 239, 259, 285, 427 mimicry, 351
interest, 302, 303, 477, 507 See also ideology; postcolonial theory
inversion, conceptual, 139, 214, 232, 301, miscarriage, 36–38, 49, 50, 154, 169,
317, 405 176–186, 205, 354
inversion, in order, 134, 236, 405 Mishnah, 94
Israelite four-room or pillared house, 261 See also Talmud
mixed casuistic forms. See pseudo-casuistic
J. See Yahwist forms
Jehu, 98 mnemonic device, 95
Joash of Samaria, 98 motive clauses, 329–332, 488, 489
judges, 66, 506 mutilation. See corporal punishment
judicial procedures, 252–258, 305
See also oaths name
justice, 55, 62–64, 78, 80, 81, 286, 300, 314, calling, 288–290, 382, 494
316–318, 352, 380 memorialization/announcement, 11, 59, 71,
See also themes 80, 81, 287, 290, 295, 300, 310, 314, 320,
334, 358, 359, 508
kid in mother’s milk, 479 of sovereigns, 54, 59, 81
kidnapping 36, 46, 49, 197–199, 353, 507 Yahweh’s, 474, 475, 493, 508
king, 97, 506 See also cursing
guarantor of justice, 472, 473 narrative of Exodus, CC’s relationship
guarantor of the rights of the poor, 308, to, 287, 332–344, 348,
476, 479 356, 492, 495
local, 297 See also Deuteronomistic style;
propounder of law, 473 storm theophany narrative
Subject Index 565
native idiom, 494 Pentateuch

native perspectives and practice, 5, 6, 15–16, development, 332–344, 356–359
96, 191, 204, 257–258, 264, 304, 348, sources, 4, 356–359, 496
352, 387, 388, 452 state of research, 492
native sources, 162 Phoenician, 19, 25, 95
on justice, 317 Phoenicians, 18, 385
on festivals, 310 physician, 37
participial law source, 16, 36, 46, 49, 155, pilgrimage, 60, 61, 80, 81, 291, 294, 295, 309,
159, 160–162, 165, 196, 219, 283, 347, 310, 314, 481
352, 353, 376, 423 pledges, 302, 303, 507
negligence, 41, 49, 213–218, 228, 234, postcolonial theory, 350, 504
272, 273, 450, 503 potsherds, as writing material, 113, 505
northern concerns in CC, 342, 500 poverty and the poor, 54, 57, 58, 80, 128, 129,
northwest Semitic law collection, 150–151, 153, 277, 300–308, 312, 313,
unknown, 117 316, 345, 348, 380, 479, 507
Numeruswechsel (second person plural and prayer, 60, 73
singular forms), 124, 183, 354, 324–329, prestige culture/text, 27, 287, 349, 351
344, 376, 381, 484–489 Priestly literature (law and
See also second person singular forms narrative), 358, 500
nun paragogicum, 488 scope of, 507
Nuzi, 126, 412, 416, 421, 461, 462, See also Holiness Legislation
prioritization of sources, 219
oath(s), 35, 157, 252–258, 263, 264, 267–270, Privilegrecht. See divine law
313, 414, 474 prologue, 51, 69, 74, 81, 108, 309, 376
before the god, 135, 252, 313, 314, 502 prologue and epilogue of CC, 345, 503
oath, with verb of movement, 461, 462, 502 prophetic phenomenology and ideology, 292
See also judicial procedures; oracular pseudo-casuistic form, 307, 490
process pseudonymy, 292, 310, 350, 472
offerings 55, 49, 76, 294, 295, See also theonymy
310–312, 507 purity, 55
mothers of sacrificial animals, 55 See also holiness
oracular process/test, 256, 257, 264 purpose of Near Eastern law collections, 508
See also oaths, ordeal See also Covenant Code, purpose
oral tradition, 4–6, 19, 21, 93, 95, 117, 359,
371, 373, 398, 414 quantitative analysis, 23
oral transmission, 93, 96, 115 Qur’ān, memorization, 386
orality and textuality, 20, 385, 504
ordeal. See oracular process rape. See seduction
order, of laws, 52, 366 real law in CC. See native practices
See also Deuteronomy, order of laws; redaction criticism/history, 18, 20,
reordering 207–209, 352
orphan, 54, 57, 58, 80, 129, 146, 300, 327, rental. See animal rental, borrowing
378, 476, 507 reordering, 319, 458
ostraca. See potsherds repayment, 215, 216, 222–227, 232,
264, 271, 456
P. See Priestly literature replacement of Assyrian king in
pan-Babylonianism, 6, 365 Deuteronomy, 293, 357
paradigmatic kings of Mesopotamia, 343, 356 replacement of commoner with slave, 156,
parents. See child rebellion 169, 171
participial law source. See native sources replacement of Hammurabi with
passive voice, 227, 449 Yahweh, 11, 61, 95, 104, 214,
patriarchs, 20 264, 287, 308, 313, 315, 350
payments for disability, 168, 191 See also ideology
566 Subject Index
replacement of Hammurabi’s statue with seventh day, 54, 127, 128, 304, 307, 314, 377,
Yahweh’s altar, 293 409, 478, 509
See also altar; statue seventh year, 54, 128, 303, 304, 307, 314, 406,
resystematizing. See revision 478, 506, 507
revision, 27, 121, 154, 209–213, 352, sexual access and exploitation, 130,
357, 504 139–141, 411
abstraction, 15, 251 Shalmaneser III, 98
creativity in, 122, 349, 352 Shalmaneser V, 98
systematizing, 26–27, 154, 190, 205, 227, shared legal logic, 92–93
210, 222–227, 236, 350 Shiloh, 466
See also compositional logic; similar-hence-dependent fallacy, 25
cross-referencing; updating of law slaves, 37, 123–153, 277, 307, 352
rhetoric of concealment, 504 injury, 186–188 154, 205
rhetorical punishments, 190, 264 position of laws on, 129
ritual procession, 299 See also conflation of slave types,
See also theophany debt-slavery
robbery, 230, 246 socially graded laws, 169
royal edicts of debt release, 411 sorcery, 49, 199–201, 506
sorcery, 199–201
Sabbath. See seventh day source-criticism, 505
sacrifice. See offerings See also Pentateuch
sanctuary, 134, 135, 158, 165, 254 sources,
See also God blending and use of, 506
Sargon II 98–99, 100–102, 116, referencing, 122
343, 356, 501 See also inconsistencies; native sources
Sargon of Agade, 343, 356 statue, 61, 70, 291, 294–296, 300,
satisfaction, economic and 309, 310, 379
psychological, 184, 222–228, 349 stela, LH, 341, 366, 373, 379, 497
Schultradition, 18, 24 See also Laws of Hammurabi, textual
scribal institutions variants
Akkadian knowledge, 15, 18, 25, stela, CC written on a, 332, 341, 356
94, 96–115, 373, 398 stelae, Neo-Assyrian, 99
education, 107, 398, 399 stoning, 210, 222–227, 275, 313
history of, 97, 358, 398, 399 storm theophany narrative, 338–340
literacy, 398, 399 strings, 10, 52–56, 82–90, 95, 286, 316, 321,
See also Gilgamesh 325, 348, 377, 380
second person plural and singular forms. imbalance of, 303, 311, 312, 316, 321, 391
See Numeruswechsel subversion, 350, 351, 358
second person singular forms, 406, supersession versus supplementation,
485, 503 of successive dependent law
secular law in CC, 19 collections, 508
seducing a virgin, 46, 48, 49, 111, 114, 123, Susa, 366
130, 347, 354 symbol of the lawgiver. See altar; statue
seduction versus rape, 131, 411, 507 symmetry, structural 123
seeing the deity (at sanctuary), 300, See also chiasmus
379, 473 systematizing. See revision
Seidel’s Law, 458, 485
Sennacherib, 98, 100, 102, 116 talion 8, 37–39, 49, 50, 154, 155, 159, 168, 169,
sequential correlations of laws and themes, 172, 175, 179–186, 191, 195, 205, 212,
shared, 8–10, 15, 23, 24, 29, 31–50, 68, 226, 227, 251, 259, 263, 354, 372, 376,
69, 81, 91, 154, 207, 219, 262, 265, 267, 398, 436, 439–442, 506, 507
286, 346–352, 381, 374 Talmud, 18, 370
seven, number, 152 See also Mishnah; Tannaitic oral tradition
Subject Index 567
Tannaitic oral tradition, 94, 386 Vassal Treaties of Esarhaddon. See

temple. See Esagil; sanctuary Deuteronomy, use of treaty
theft, 50, 131, 231, 230–264, 466 vengeance, 174–176, 184, 222–227, 349, 428
themes, 285, 300 vicarious punishment, 174–176, 190, 211,
See also axes, thematic; cult; justice; 212, 228
poverty
theologizing of apodictic laws. See divine law weak person, 379
theonymy, 472 well-being, 382
theophany, 295, 297, 299, widow, 54, 57, 58, 80, 129, 146, 300, 327, 378,
339, 473 476, 507
See also coming of Yahweh See also immigrant, orphan, poverty
third person casuistic family law. wisdom law and literature, 20, 479
See family and women law source witnesses, 268, 506
Tiglath-Pileser III, 98, 102 women
topical sequence. in laws, 130, 201
See sequential correlations their sexuality, 411
Tower of Babel, 106 See also debt-slavery, of a female;
tradition criticism, 352 gender inclusiveness
traditions model, 4–6 writing materials. See potsherds
See also oral tradition wronged-man passage, 11, 60, 62,
transitional introduction, 14, 77–80, 81, 136, 254, 255, 262, 263,
82–90, 288, 291, 292, 331, 353, 384 294, 296, 298, 305, 310, 313,
translation, 127, 223 314, 340, 481
treaty, 103–104, 293, 327, 348, 350, 351, 357, See also text reference index under
388, 397, 458, 503, 506 LH col. 48:3–58
See also Deuteronomy
two-law pattern, 55, 74, 321 Yahweh, 135, 136
twofold payment, 236 author of laws, 287, 350
See also repayment compassionate, 303
See also blessing, coming of Yahweh; God;
unity of CC. See Covenant Code, unity name; replacement of Hammurabi with
updating of law, 505 Yahweh; theophany
utopianism in law, 96 Yahwist (J), 106, 358, 482, 493, 496, 508, 509
See also ideology See also Pentateuch
variables in casuistic law, 143 ziggurat, 106, 480

Text Reference Index
Hebrew Bible 12:7–8 509

12:8 358, 474
Genesis 398 13:3–4, 18 509
1–2 355, 457 13:4 358, 474
1–11 106, 509 14 369
1 455 14:1, 9 497
1:14 509 14:13 127, 408
1:31–2:3 509 15:1–19 509
2–3 106 15:7 296
2:1–3 409 16:7–13 479
2:5, 8, 15 509 17:1 296
2:17 424 20:13 382, 463
4:1 358 21:17–21 479
4:1–7 509 21:33 358, 474
4:15 428, 431 22:1–19 509
4:23 436, 437 26:11 424
4:24 428, 431 26:23–25 509
4:26 358, 474, 508 26:25 358, 474
6–9 106, 355 27:20, 30 420
8:20–22 509 28:8 418
9 455 28:13 296
9:4 162, 479 29:17 418
9:5 229 29:18, 20, 27 409
9:6 164, 422 30:31 468
11:1–9 106, 481 30:32–33 457
12:7 474 31:30–37 457
569
570 Text Reference Index
Genesis (continued) 3:14–15 337, 493

31:32 457 3:15 297, 333, 334, 335, 340,
31:36 462 358, 474, 475, 494
31:39 275, 464 3:17 335, 336
31:44 480 3:18 408, 502
31:53 463 3:20–21 495
31:54 509 3:21 338
32:1, 8 463 3:21–22 337, 356
33:14 467 4:21, 23 495
33:20 509 5:1, 2 495
35:1–7 509 5:3 408, 502
35:7 463 5:8, 17 502
37:12, 22 468 6:1, 11 495
37:31–33 470 7:2, 14 495
39:14 127, 408 7:16 408, 495, 502
39:17 408 7:26, 27 495
40:15 408 8:4 495, 502
41:12 127, 408 8:16, 17 495
42:4 178 8:21, 22, 23 502
42:15 447 8:24 495, 502
42:38 178 8:25 495, 502
43:5 447 8:28 495
43:32 408 9:1 408, 495
44:4 438 9:2 495
44:9–16 457 9:3 468
44:10 456 9:7 495
44:16–17 457 9:13 408, 495, 502
44:28, 29 178 9:17, 28, 35 495
45:9 429 10:2 502
45:17 238 10:3 408, 495, 502
46:1 509 10:4, 7, 20, 27 495
50:17 462 11:1 495
11:2 278
Exodus 11:10 495
1–3 494 12:2 509
1:11 336 12:15–16 409
1:11–12 335 12:33 495
1:15–16 408, 502 12:35 278
1:16–17, 28, 31, 49 382 12:45 471
1:19 408, 502 13:1–16 495
1:22–2:10 343 13:6 331, 338, 356, 409, 419, 492, 495
2:1–10 356 13:3–16 338
2:6, 7, 11, 13 408, 502 13:13 312
2:11–15 502 13:15, 17 495
2:13 435 14:5 495
3 343, 495 15:11 446
3:1 334, 356 15:25 384
3:7 335, 336 16 509
3:9 327, 335, 336, 494 16:26, 27, 29, 30 409
3:9–15 356 17:2–7 397
3:10–12 337 17:14 498
3:12 341 18 462, 502
3:12–15 334 18:11 423, 446
18:13–27 464 330, 341, 354, 370, 420, 425, 478, 489,
19–20 338, 356 502, 503, 505
19–24 3, 496, 500, 508 20:25 326, 426, 490
19 338–341 20:25–26 325
19:1–2 500 20:26 291, 426
19:2 334 21:1–22:29 478
19:2–19 356 21:1–22:16 78
19:3–8 487, 498, 499, 502 21:1–2 460
19:4 499, 500 21:1 3, 14, 15, 69, 77 –79, 82 –90,
19:5–6 506 148, 187, 286, 291, 331, 353, 381,
19:6 485 383, 406, 483, 484, 491, 492, 498,
19:7 383, 384 502, 503
19:9 300, 339, 340, 497 21:2 9, 33, 50, 54, 124, 125, 127–129,
19:12 424 130, 133, 137, 151, 169, 172, 233,
19:12–13 503 235, 261, 302, 305, 323, 325, 326,
19:13 446 330, 388, 398, 411, 415, 425, 456,
19:16 334 457, 476, 490, 502
19:17 334, 340 21:2–6 32, 34,140, 148, 149, 152, 375, 385,
19:20–25 342, 498 407, 408, 410, 416, 479
20 498 21:2–7 455
20:1 499 21:2–11 18, 19, 24, 58, 69, 123, 128, 129,
20:2–3 381 141, 151, 154, 170, 173, 189, 191, 263,
20:3–4 486 277, 302, 303, 305, 306, 323, 325, 347,
20:7, 8 498 348, 353, 376, 390, 409, 410, 420, 442,
20:9–11 409 506, 507
20:12 195, 506 21:2–22:16 124, 408
20:13 162, 164, 422 21:2–22:19 3, 7, 8, 14, 31, 286
20:16 378, 498 21:2–22:26 18, 370, 406, 478
20:17 340 21:3 33, 139, 475
20:18 334, 342 21:3–5 425
20:18–20 356 21:3–6 9, 32, 133, 475
20:20 300, 339, 340 21:5 411
20:20–21 449 21:5–6 398
20:22 499, 500, 502 21:4 214, 277, 415, 463
20:22–23 485, 499 21:4–5 138, 139
20:22–30 387 21:5 197
20:23 70, 76, 78, 255, 296, 299, 326–328, 21:5–6 9, 33, 50, 95, 134, 137, 138, 143,
473, 488, 491, 502 214, 232, 313, 381, 414, 491
20:23–24 71, 72, 294, 506 21:6 13, 49, 61, 67, 75, 135–137, 165, 183,
20:23–26 3, 8, 11, 12–13, 51, 69, 253–255, 297, 305, 323, 388, 463, 506
74, 78, 202, 263, 286, 291, 294, 21:7 32, 124, 133, 233, 302, 347, 407, 425,
296, 308, 329, 483, 484, 486, 488–490, 457, 468, 471
492 21:7–11 9, 33, 34, 48, 114, 126, 130–132,
20:23–25 77, 381 137, 140, 148, 149, 152, 199, 201, 219,
20:23–21:1 80 313, 354, 390, 410, 412, 415
20:23–23:19 3 21:8 144, 145, 183, 463, 475
20:24 59, 70, 71, 74–77, 269, 295, 296, 298, 21:8–10 147
314, 428, 329, 331, 332, 334, 335, 339, 21:8–11 32, 133, 141–143, 418, 425
340, 355, 381, 398, 426, 474, 475, 480, 21:9 148, 448
482, 491, 493, 494 21:9–11 417
20:24–21:11 19 21:10 143, 144
20:24–26 18, 35, 55, 74, 75, 124, 157, 165, 21:10–11 50, 138, 145, 443
190, 291, 292, 302, 305, 323, 326, 327, 21:11 34, 143, 147, 468
Exodus (continued) 21:21 167, 236, 425, 426, 428, 435, 475
21:12 16, 36, 49, 155, 159, 161, 189, 151, 21:22 17, 168, 179, 180, 182, 226, 227, 371,
157, 159, 160, 162, 163, 169, 187, 199, 201, 374, 425 463
203, 220, 371, 374, 440, 442, 444, 502 21:22–23 9, 50, 176, 178, 189,
21:12–14 9, 34, 35, 37, 154, 155, 164, 165, 191, 435, 450
167, 171, 176, 184, 185, 189, 190, 191, 212, 21:22–24 37
226, 253, 261, 305, 325, 420, 421, 425, 21:22–25 38, 149, 154, 175–177, 179, 420,
434, 440, 491, 505–507 432, 434, 441, 502
21:12–17 18, 196, 219, 347, 353, 21:22–27 227, 354
352, 374, 376, 422, 424, 445, 21:23 41, 136, 178, 185, 256, 327, 406, 425,
446, 447, 503 432, 409
21:12–25 184 21:23–24 371, 372
21:12–27 154, 193, 194, 205 21:23–25 9, 37, 49, 95, 155, 159, 168, 175,
21:12–32 259, 264, 285 176, 181, 183, 184, 188, 189, 191, 212,
21:12–36 452 232, 251, 259, 261, 263, 325, 276, 398,
21:12–22:14 154 431, 437–439, 506, 507
21:13 61, 67, 136, 164, 253–255, 267, 269, 21:23–27 169
291, 388, 415, 421, 426, 466 21:24–25 178, 185, 433
21:13–14 75, 77, 157–159, 162, 163, 190, 21:24–27 50
254, 270, 292, 302, 305, 313, 323, 354, 21:25 181, 371, 421
388, 406, 422, 423, 21:26 425
449, 506 21:26–27 149, 154, 167, 172, 173, 179,
21:13–17 371 186–189, 191, 232, 277, 305, 306, 353,
21:14 75, 164, 291, 421, 426, 427, 432, 490 371, 411, 420, 421, 430, 432, 435, 437,
21:15 9, 35 –37, 47, 50, 149, 159, 160, 171, 440, 441, 455
187, 193, 194, 196, 197, 198, 203, 220, 21:27 37, 425
236, 239, 420, 439, 455, 506 21:28 170, 275, 277, 424, 425
21:15–16 412 21:28–29 149, 186, 371, 388, 475
21:15–17 16, 36, 49, 154, 155, 159, 161, 165, 21:28–30 148
166, 189, 190, 199, 202, 261, 422, 425, 21:28–32 7, 8, 9, 40, 50, 169, 205–229, 313,
442, 444 347, 371, 420, 427, 436, 446, 448, 450,
21:16 9, 36, 46, 47, 49, 160, 196, 197, 199, 451, 453, 502
203, 234, 235, 239, 247, 250, 420, 427, 21:28–36 236
440, 444, 445, 459, 507 21:29 95, 221, 277, 422, 425, 438, 449, 463
21:17 9, 35 –37, 47, 50, 149, 159, 162, 171, 21:29–30 164, 174, 175, 184
193, 194, 196–198, 203, 236, 239, 327, 21:30 168, 180, 182, 183, 371, 425, 440
420, 425, 427, 439, 444, 455, 475, 506 21:31 8, 41, 42, 95, 148, 149, 164, 174, 212,
21:18 179, 220, 421, 425, 435 354, 371, 388, 411, 447, 450, 507
21:18–19 9, 17, 35, 36–38, 50, 154, 155, 156, 21:32 41, 149, 168, 172–174, 179, 182, 213,
165–167, 168, 171, 176, 181, 184, 185, 189, 277, 305, 306, 353, 371, 425, 430, 438,
190, 253, 371, 374, 420–422, 427, 429, 440, 455, 475
439, 502 21:33 371, 425
21:18–21 155, 159, 412 21:33–34 9, 36, 41, 42, 49, 139, 205,
21:18–25 269 213–218, 234, 235, 237, 242, 273, 420,
21:18–27 19, 151, 189, 190, 371, 374, 436 452, 454, 469, 503
21:18–32 18, 19, 420, 451, 452 21:33–36 451
21:18–22:16 19, 447 21:33–22:14 18, 202, 451
21:19 182, 183, 191, 251, 425 21:34 275, 277, 371, 463, 475
21:20 149, 173, 187, 220, 236, 424, 425, 440 21:34–36 371, 454
21:20–21 9, 36 –38, 41, 154, 156, 167, 169, 21:35 9, 19, 20, 23, 41, 49, 110, 115, 183,
170, 171–176, 179, 182, 187–190, 212, 209, 218, 259, 347, 421, 425, 434
226, 263, 277, 302, 305, 306, 353, 371, 21:35–36 9, 40, 205, 218–222, 235, 242,
374, 420, 421, 428, 429, 430, 441, 455, 471 275, 308, 420
21:36 164, 215, 221, 232, 277, 424, 453, 22:9–14 245, 252, 254, 265, 285, 487
463, 469, 475 22:10 45, 67, 135, 136, 165, 255–258, 297,
21:36–37 437 313, 388, 461, 464, 469, 474, 475, 506
21:37 43, 199, 215, 231–233, 235, 236, 239, 22:10–11 277, 463
251, 264, 371, 425, 444, 457, 458 22:10–14 215, 475
21:37 + 22:2b–3 42, 50, 198, 219, 230, 234, 22:11 216, 248, 271–274, 470
235, 242, 245, 444, 260, 262, 274, 470 22:11–12 271, 371, 425
21:37–22:3 420, 439, 466, 467 22:11–14 18
21:37–22:8 262, 263, 265 22:12 268, 274, 390
21:37–22:14 24, 131 22:13 268, 371, 424, 425
21:37–22:16 452 22:13–14 9, 45, 46, 49, 68, 216, 230, 269,
22:1 247, 464 273, 276–283, 285, 347, 348, 381, 420,
22:1–2 9, 42, 47, 46, 49, 110, 115, 165, 230, 426, 463, 471
231, 233, 245–247, 250, 252, 258–262, 22:14 46, 69, 354, 371, 425,
274, 285, 354, 355, 371, 422, 432, 452, 22:15 425
465, 469, 505 22:15–16 9, 46, 48, 49, 68, 110, 111, 114,
22:1–3 456, 457 123, 130–132, 140, 149, 152, 168, 201,
22:2 43, 233, 235, 237, 240, 251, 306, 407, 219, 283, 313, 347, 371, 376, 411–413,
410, 424, 426, 464 435, 507
22:2–3 9, 231, 262, 425 (see 21:37+22:2b–3) 22:17 67, 160, 199, 200, 201, 203, 255, 257,
22:2–6 215 406, 446, 506
22:3 43, 48, 199, 235, 236, 247, 371, 444, 22:17–19 10, 16, 46, 49, 68, 159,
458 161, 190, 199, 202, 219, 261,
22:4 9, 49, 50, 217, 219, 230, 234, 235, 283, 347, 352, 354, 366, 376,
237–239, 347, 425, 427 413, 445–447
22:4–5 46, 48, 241, 242, 262, 371, 420, 457, 22:17–23:9 19
459, 467 22:17–23:19 408
22:5 9, 23, 49, 110, 115, 219, 230, 238, 240, 22:18 9, 19, 49, 67, 160, 201, 203, 446
347, 424, 425, 450 22:18–19 67, 200, 426
22:6 17, 49, 266, 388, 456, 466, 471 22:19 160, 201–203, 255, 302, 388, 447,
22:6–7 9, 183, 243, 247, 250, 252, 259, 260, 475, 505, 506
261, 273, 425, 465, 470, 505 22:20 67–69, 98, 146, 151, 174, 277,
22:6–8 9, 43, 44, 47, 50, 151, 216, 230, 236, 325–328, 331, 332, 335, 355, 366, 377,
242, 245, 246, 262, 266, 354, 371, 420, 476, 492, 494, 502
506 22:20–21 126, 150, 161, 398, 462
22:6–10 421 22:20–22 329
22:6–12 274, 464, 468 22:20–23 74, 10, 319, 348, 484, 507
22:6–13 18 22:20–24 324
22:6–14 461, 467 22:20–26 62, 29, 82–90, 128, 129, 300, 303,
22:7 17, 135, 248, 249, 254, 257, 279, 272, 312, 348, 390, 406, 494, 507,
313, 464, 475 22:20–30 10, 11, 52–54, 80, 82–90, 286,
22:7–8 61, 57, 67, 75, 136, 165, 252, 255, 316, 321, 381, 488
258, 264, 267, 269, 270, 297, 305, 323, 22:20–23:9 447
462, 469 22:20–23:19 3, 8, 10, 12 –13, 51,
22:8 135, 164, 183, 215, 232, 243, 245, 249, 52, 386, 478
250, 252, 254, 255, 256, 313, 354, 388, 22:21 67, 277, 328, 326, 328, 329, 476
390, 439, 456, 458, 463, 464, 502, 507 22:21–22 336
22:9 45, 49, 239, 273, 283, 425, 22:22 291, 326, 328, 336, 490
266, 271 22:22–23 68, 159, 488, 490
22:9–10 45, 50, 248, 252, 253, 265–271, 22:23 67, 291, 326, 327, 342, 381, 503
272, 354, 371, 426 22:23–24 331
22:9–12 9, 44, 230, 266, 278, 420 22:23–25 110, 180
22:9–13 284, 470 22:23–27 39
Exodus (continued) 23:12 10, 54, 59, 74, 80, 128, 138, 173, 277,
22:24 10, 67, 74, 291, 303, 328, 332, 355, 301, 307, 381, 411, 488
477, 484 23:13 10, 11, 14, 54, 55, 59, 62, 64, 66–69,
22:24–25 329, 436, 490 71, 80, 202, 255, 269, 291, 295, 296,
22:24–26 150, 277, 302, 325, 348, 484, 488 298, 300, 303, 314, 318, 319, 324, 325,
22:25 67, 490 326, 328, 329, 334, 335, 340, 474, 475,
22:25–26 10, 74, 303 482–486
22:26 67, 68, 291, 303, 336 23:13–19 296, 309
22:26–30 311 23:14 291
22:27 10, 54, 59, 62, 67, 69, 71, 127, 169, 23:14–17 55, 62, 310, 352, 481
202, 255, 269, 295, 297, 298, 314, 324, 23:14–18 67
325, 335, 340, 475, 506 23:14–19 14, 55, 60, 69, 202, 263,
22:27–30 484, 486 291, 294, 296, 302, 311, 312, 325,
22:28 55, 67, 291, 312 329, 330, 338, 341, 348, 482, 484,
22:28–29 55, 111, 294, 325, 506 489, 491, 506
22:28–30 10, 55, 61, 62, 67, 69, 150, 202, 23:14–33 491, 503
263, 309, 331, 23:15 61, 67, 291, 294, 300, 331, 338, 379,
22:28–23:10 478 409, 419, 473, 487, 488, 492, 495
22:28–23:12 18, 406 23:16 312
22:29 55, 291, 307, 312, 381, 409, 507 23:17 55, 61, 294, 298, 300, 379, 473, 475
22:30 55, 67, 225, 226, 275, 291, 312, 325, 23:18 55, 67, 291, 485, 487
326, 454, 482, 485, 487, 506, 507 23:18–19 55, 62, 294, 330, 331, 482
23:1 67, 378, 463 23:19 55, 61, 75, 307, 312, 326, 381, 475,
23:1–2 498 487, 506, 507
23:1–3 506 23:20–23 499, 503
23:1–7 331 23:25–26 251
23:1–8 11, 14, 18, 56, 62–64, 66, 69, 74, 80, 24:1–2 498
82–90, 257, 286, 307, 315, 317–319, 329, 24:3 499
330, 341, 348, 352, 378, 387, 390, 482, 24:3–8 334, 341, 342, 356, 492, 493,
484, 490, 502 497–499, 502, 503
23:1–9 479 24:4 334
23:2 380 24:7 365
23:3 126, 150, 307 24:9–11 498
23:4 307 24:11 493
23:4–5 150, 308, 348, 381, 479, 24:12–15 342
490, 507 24:15–18 500
23:5 307, 378 24:18 342
23:6 63, 67, 126, 150, 297, 307 24:16 409
23:6–8 506 31:14–15 424
23:7 256, 291, 463 31:15–17 409
23:7–9 488 32 342, 502
23:8 161, 332, 355, 482, 491, 498 32:21 485
23:9 10, 59, 74, 98, 126, 150, 151, 174, 277, 32:31 502
319, 324, 325, 328, 331, 335, 337, 398, 33:7 464
462, 476, 484, 492, 494, 500, 502, 507 33:19 474
23:9–12 62, 69, 300, 303, 312, 377 34 342, 498, 508
23:9–19 11, 52–54, 67, 80, 82–90, 286, 34:5–6 358, 474
316, 321, 348, 387 34:10–26 481, 482, 504
23:10–11 10, 74, 128, 302, 477, 506, 507 34:11–27 358
23:10–12 54, 55, 126, 129, 303, 305, 314, 34:20 312, 379
325, 330, 409, 420, 484, 490, 507 34:21 409, 478
23:10–19 19, 200 34:23 61, 379, 380
23:11 54, 277, 307. 381. 422, 458, 478, 488 35:2 409
39:32, 43 509 26:1 486

40:9, 33 509 26:25 431
26:46 383, 384
Leviticus 27:27–28 312
1:2, 3, 10, 14 425 27:28–29 446
3:1, 7, 12 425 27:29 424
4:2, 3, 13 425
4:22 163, 425 Numbers
4:32 425 3:46–47 312
7:26–27 479 5:11–31 464
8:37 384 6:9 409
11 487 14:30 447
13:5, 6, 27, 32, 34, 51 409 15:35 424
14:9, 39 409 16:5–11, 16–19, 35 464
17:4 229 18:15–16 312
17:5 482 19:12, 19 409
17:10–14 479 20:4, 8, 11 238
19:3 195 26:65 424
19:4 486 27:5 464
19:13 471 27:21 463
19:18 378, 428, 431 28–29 509
19:20 129 28:25 409
19:33–34 476, 507 31:19, 24 409
20:9 161, 195, 424, 425 31:2–3 431
20:10 161, 424, 471 35 422
20:11–13 161 35:6–34 507
20:15 447 32:12 447
20:15–16 161, 446 35:16–18 166, 424
22:27 161, 409 35:20 423
22:27–28 312, 487, 507 35:21 424
22:28 479 35:22 423
22:36, 39 409 35:22–23 166
23 509 35:25–28 185
23:3 409 35:31 449
24 440 36:13 383
24:10 435
24:17 422, 424 Deuteronomy
24:17–22 437, 507 1:9–18 502
24:18 437 1:17 502
24:19–20 436 1:43 423
24:21 162, 422, 437 2:15 468
25 96, 153, 173, 477, 478 3:2–9 113
25:2–7 477, 507 4:2 485
25:3–5 491 4:3 499
25:3–7 490 4:6–8 103
25:6 471 4:8 351, 383, 504
25:35–38 477 4:9–14 342
25:39 457 4:14–15 113, 485
25:39–46 507 4:15 499
25:40 471 4:15–19 485
25:45 407 4:36 499
25:46 415 4:44 384, 491, 502
25:50, 53 471 4:44–45 383
Deuteronomy (continued) 15:12 127, 407, 409. 457

5–6 499 15:12–13 411
5 342, 498, 499 15:12–18 113, 140, 153, 173, 375, 398, 402,
5:12–13 409 408, 410, 491, 506
5:15 430, 507 15:13 337, 420, 495
5:16 195 15:15 430, 507
5:17 162, 164, 422 15:17 138
5:20 378 15:18 409, 411, 471
5:22 499 15:19–22 506
5:31 499 15:23 113, 401, 479
6:1 499 16 491
6:4–7 397 16:1–8 338
6:12 430, 507 16:1–17 113, 506
6:20 397 16:8 409
6:21 430, 507 16:9–13 507
8–13 401 16:11 476
8:14 430, 507 16:12 430, 507
10:10 429 16:14 476
10:12 397 16:16 61
10:17 482 16:18–20 113, 506
10:18 476, 479 16:19 380, 482, 491
11:1 397 16:21 113
11:7 499 17 297, 475
11:19 397 17:1 113
11:24 382 17:2 457
12 398, 485, 489 17:2–7 103, 401
12:1 383 17:2–13 113
12:1–12 486, 506 17:8–9 462
12:1–13:1 113 17:8–13 481, 506
12:12 507 17:13 423
12:13 382 17:14–20 113, 506
12:13–41 506 18:1–8 113
12:14 382 18:9–13 446
12:16 479 18:9–14 506
12:18 507 18:9–22 113, 401
12:23 479 18:10 457
13 293, 389, 447, 506 18:20 423
13:1 397, 401, 485 18:22 163
13:1–19 103, 113, 397 19 422, 425, 440, 442, 491
13:2–19 401 19:1–13 113, 506
13:6 430, 507 19:4 185
13:11 507 19:4–5 163
14 401 19:5 166, 434
14:2 485, 487, 506 19:11 164
14:1–2 113 19:12 185
14:3–20 487 19:14 113
14:3–21 113 19:15–21 113, 506
14:21 454, 485–487, 506, 507 19:21 398, 436, 437
14:22–29 113 20:1–20 113
14:29 476 20:10, 11, 12 425
15 421 20:16–17 424
15:1–11 113, 477, 506 21–25 52, 112, 113, 377, 505
15:1–18 507 21 111
21:1 457 24:16 113, 450, 507

21:1–9 112, 401 24:17 476, 477
21:4 454 24:17–18 113
21:10 425 24:17–22 398, 507
21:10–14 113, 401 24:18 430
21:14 425 24:19–21 476
21:15–17 112, 401, 418 24:19–22 113
21:18–21 112, 401, 444, 506 24:20 402
21:22–23 112, 401 24:22 430
22 111 25:1–3 111, 112, 402
22:1–4 113, 482, 507 25:11 435
22:4 378 25:11–12 111, 112, 179, 402, 435, 440
22:5 113 25:13 402
22:6–7 113 25:13–16 113
22:8 113, 451 25:17–19 112
22:9–12 113 25:4 113, 402
22:13 425 25:5–10 111, 112, 402
22:13–14 418 26:5–11 507
22:13–21 112, 401 26:12–13 476, 507
22:14 111, 457 27 413
22:17 457 27:2–8 480, 498
22:19 435, 436 27:14–26 424
22:20, 23, 25 425, 457 27:15 425
22:22 111, 112, 401 27:16 195
22:22–29 401 27:16–18 160
22:23–22 111 27:19–26 161
22:23–27 112, 401 27:21 447
22:25 111 27:24 162, 164, 422, 482
22:26 111 27:26 163
22:27, 28 457 28 506
22:28–29 112, 114, 401, 411, 412, 435, 507 28:20–44 103, 397
23:1 113, 401 28:69 384
23:8 507 29:11 278
23:10–15 113, 401 29:16 486
23:16–17 113 29:26 488
23:18–19 113, 401 31:11 379
23:18–26 401 31:17 488
23:20–21 113, 477, 507 32:35, 41, 43 431
23:22–26 113 33:8 463
23:26 401 33:28 418
24 111
24:1 457 Joshua
24:1–4 112, 401 2:14 438
24:1–14 401 6:14–17 409
24:5 112, 402 7 488
24:6 113, 402, 477, 507 7:13–21 256
24:7 112, 402, 457, 507 8:30–32 498
24:8–9 112, 402 8:30–35 480
24:10–11 477 10:13 428, 431
24:10–13 113, 402 22 480
24:10–15 507 22:21–34 474
24:12–13 477 23:7 296, 474, 485
24:14 471 23:16 488
Joshua (continued) 23:2, 4 463, 464

24:19 463 23:9–12 463
24:25 384 24:12 423, 428
24:13 431
Judges 24:20 438
1:1 463, 464 25:21 438
1:7 438 25:26 278
2:14, 20 488 26:9, 11 468
6:1 409 26:23 382
9:23–25 417 27:12 415
11:36 431 28:6 463, 464
14:15 412 29:3 408
14:17–18 409 30:22–25 371
15 458 30:25 383
15:5 238 30:7–8 463, 464
15:6–8 431
15:7 428 2 Samuel
15:10–11 438 2:1 463, 464
16:5 412 4:8 431
16:28 428, 431 5:19 463, 464
18:4–5 463 6 473
18:5 462, 464 7:7 468
18:14, 18, 20 462 7:23 463
20:18, 23 463 7:26 494
20:18, 23, 27 464 7:29 415
20:27–28 463 12:18 409
21:5 424 14:1–17 472
14:6 435
1 Samuel 15:2 382, 462
1:22 379 15:4, 6 462
4:6, 9 408 16:6–9 195
7:4 447 16:12 438
8 297 16:23 464
8:3 380 18:12 468
9:9 464 18:18 474
10:20–24 256 21 431
10:22 463, 464 22:39 428
13:3, 7, 19 408 22:48 431
14:11, 21 408
14:24 428, 431 1 Kings
14:33 417 1:50–53 159, 185, 191
14:36–37 256 3:16 462
14:37 464 5:31–32 480
14:37–38 258, 463 6:7 480
14:37–46 256 7:9–11 480
14:39, 44 424 8:39 382
15:9 467 9:3 494
15:23 462 11:34 475
17:15 468 12:28 342, 502
17:25 411 13:26, 28 268, 468
17:34–35 267 16:3 459
18:25 428, 431 18:24, 25–26 474
22:9–10, 13, 15 463, 464 18:43–44 409
2:28–34 159, 191 7:20 278

20:29 409 8:7–8 397
20:39 438 8:21 297
20:42 438 9:16 476, 479
21:10, 13 297 10:1–4 390
22:2 442 10:2 476, 479
22:5, 8 464 10:8 397
10:13 397
2 Kings 10:16, 33 380
1:2, 3, 6, 16 464 11:4 383
3:11 464 12:4 474
4:1 410 13:22 418
4:1–2 477 14:25 397
4:1–7 415 16:3 436
4:3 278 16:14 408, 471
4:23 478 19:14 380
5:11 474 21:2 417
5:17 202, 473 21:16 409, 471
6:5 278 24:16 417
8:8 464 26:13 474
9:7 431 30:22 486
10:24 438 31:7 486
13:3 488 33:1 417
15:5 411 33:15 383
15:17–22 390 34:8 431
16 481 37:24, 26 397
16:7 102 40:19 486
17 116 41:25 474
17:1–6 391 43:3, 4 438
17:24 396 45:19 383
17:27–28 102 46:6 486
18:26–27 102 47:3 431
19:23 397 48:1 474
20:12–15 103 48:8 417
21:7 494 49:1 474
22:13, 18 464 49:11 476
23:24 462 50:6 442
23:26 488 56:6 494
23:33 435 58:6 129
59:7 431
Isaiah 104 61:1 468
1:6 436 61:2 431
1:7–8 397 62:6 474
1:13 478 63:4 431
1:17, 23 476 63:7 474
1:23 479 64:6 474
1:24 380, 428, 431 63:12, 16 494
2:20 486 65:1 474
3:1 380, 390 66:22 429
3:14 459
5:5 459 Jeremiah
5:29 267 2:34 464
6:13 459 3:8, 11, 20 417
Jeremiah (continued) 37:25 415

5:9 431 39:6 458
5:11 417 40–48 96
5:29 431 43:13–17 481
7:6 476 45:16, 22 475
9:1 417 46:2–3, 8–9 475
9:8 431
11:20 431 Hosea
12:1, 6 417 2:7 419
15:15 428, 431 2:13 478
18:20 438 2:17 476
20:2 442, 464 3:4 464
22:3 476 5:7 417
20:10, 12 431 5:13 103
26:15 422 6:7 417
32:14 429 7:11 103
34 173, 408, 421 8:4 486
34:8 129, 371 8:9 103
34:9–11 129, 411 8:14 458
34:10 278 12:2 103
34:13–14 420
34:14, 16 411
Joel
34:15, 17 129
3:5 474
37:15 442
46:10 428, 431
50:15 428, 431 Amos
50:28 431 1–2 390
50:29 423 1:4, 7, 10, 12 458
51:6, 11, 36 431 2:2, 5 458
2:6–8 390
Ezekiel 2:7 390, 419, 479
3:15–16 409 2:8 303, 435, 477
8:8 464 3:12 275, 390
9:6 468 4:1 479
12:5, 7 464 4:10 390, 488
12:10 475 5:11 390, 479
12:12 464 5:12 390
17:13 278 6:10 474
18:8, 13, 17 477 8:5 478
18:16 477 8:6 390, 479
19:1 475 9:1 488
20:1 464 9:1–4 159, 191, 390, 423
21:17 475 9:2 464
21:26 462
22:6 475
Jonah
22:7 195, 476, 479
1:9 408
22:12–13 477
1:13 464
22:14 429
22:29 476
24:8 431 Micah
25:12, 14 431, 428 3:1–4 390
25:15, 17 431 4:10 442
34:16 268 5:14 431
Nahum 72:13 479

1:2 431 72:17, 19 494
73:15 417
Habakkuk 77:12 474
1:13 417 78:57 417
2:5 417 78:71 468
2:19 486 79:6 474
3:13 428 79:10 431
82:1 446
Zephaniah 82:4 479
3:2 464 84:7 379
3:9 474 86:8 446
86:12 494
Zechariah 86:16 415
7:10 476 94:1 431
10:2 462 94:6 476, 479
13:9 474 95:3, 4 446
98:9 383
Malachi 99:6 474
2:10, 11, 14, 15, 16 417 99:8 431
3:5 471, 476, 479 102:13 494
102:27 429
Psalms 105:1 474
1:7 383 106:30 436
8:3 431 109 488
9:9 383 109:5 438
11:7 379 109:9 476
15:1 423 110:6 428
15:2 477 111:3, 10 429
17:8 423 112:3, 9 429
17:15 379 113:2 494
18:38–39 428 113:7 479
18:48 431 115:4 486
19:10 429 116:4, 13 474
20:8 474 116:16 415
25:3 417 116:17 474
27:5 423 119:158 417
35:12 438 135:13 474, 494
38:21 438 135:15 486
42:3 379 144:2 423
44:17 431 145:1, 21 494
45:18 474, 494 146:9 476, 479
57:2 423
58:2 383 Job
58:9 436 1:11 256
58:11 431 3:16 436
59:6 417 3:19 129
59:17, 18 423 5:8 464
61:5 423 6:15 417
63:3 379 7:1, 2 471
68:22 428 9:32 462
68:6 476, 479 14:6 471
71:16 474 16:4 438
Job (continued) 9:7–9 398

16:10 442
22:6 477 Lamentations
22:9 476 1:13 458
24:3 476, 477 1:2 417
24:9–10 477 3:30 442
24:14, 16 464 3:60 431
31:16 479 5:3 476
35:5 129
Esther
40:24–28 414
1:10 409
40:28 415
4:14 463
Proverbs 8:13 428
1:3 383
Daniel
1:10 412
1:3–5 103
2:9 383
4:30 398
2:22 417
11:42 468
6:32–35 430
11:8 486
8:20 383
11:3, 6 417 Ezra
13:2, 15 417 4:2, 10 396
14:31 479 10:8 446
15:25 479
17:13 438 Nehemiah
17:26 435 5:1–13 410
19:19 435 5:2 415, 477
20:16 477 5:3 477
20:20 195 5:5 415
20:30 436 6:10–13 423
21:11 435 8:18 409
21:18 417 9:10, 16, 29 423
22:3 435 10:30 278
22:7 410 13:21 468
22:12 417 13:25 442
23:11 479 15:1–13 477
23:28 417
24:17–18 479 1 Chronicles
24:29 438 1 14:10, 14 464
25:15 412 16:4, 8 474
25:19 417 17:6 468
25:21–22 479 17:24 494
27:12 435 21:26 474
27:13 477
28:8 477 2 Chronicles
28:24 462 6:33 474
29:19 428 7:16 494
30:11 195 17:13 467
18:4, 7 464
Song of Songs 19:10 462
7:13 463 26:21 411
33:4, 7 494
Qohelet/Ecclesiastes 33:11 396
4:9–12 398 34:21 464
6:3 436 36:3 435
Syllabic Cuneiform (Akkadian, Grayson, Assyrian Rulers II

Sumerian, Hittite) Texts 10 (A.0.102 1 62–63) 392
16 (A.0.102.2 49–50) 392
17 (A.0.102.2 9–10) 392
Ana ittišu 7 III 23–28, 29–33 443 23 (A.0.102.2 ii 91–92) 390
Atrahasis 106, 358, 398 25 (A.0.102.3 91–92) 392
29 (A.0.102.5 3) 392
Borger, Die Inschriften Asarhaddons 48 (A.0.102.8 26´´-27´´) 390
53–54 (Nin. A IV 1–22) 396 54 (A.0.102.10 iv 11–12) 390
59–61 (Nin. A § 27 V 40–42, 47–53, 55, 58 (A.0.102 11 10´-12´) 392
74075, 82-VI 1) 500 58–62 (A.0.102.12) 392
60–61 (Nin. A V 54-VI 1) 391 60 (A.0 102.12 28–30) 390, 392
Borger, Lesestücke, Inscription on 64 (A.0 102.14 30–31) 392
Palace Doors 74 (A.0.102 16 8–11) 392
60–63 iv 31–32 391 78 (A.0.102 16 135´) 390
78 (A.0.102 16 135´-136´) 392
Dalley and Postgate, Tablets from Fort 78 (A.0.102 16 149´-150´) 392
Shalmaneser 79 (A.0.102 16 160´–161´) 392
167–179 (text 99 ii 16–23) 395 103 (A.0.102.28 23–24) 392
105 (A.0.102.29 21–25) 392
Edict of Ammisaduqa §§ 20, 21 408 112 (A.0 102.347–11) 392
Emar 149 (A.0.102.87) 390
6 16 385, 421 211 (A.0.104.7 7–8) 390
Enuma-Elish 358, 398
Hittite Laws 400
Frahm, Einleitung in die Sanherib-Inschriften IX 427
54–55, 59 (T 4, lines 49–58) 391 10 168, 376, 427
55, 59 (T 4, line 58) 394 17–18 180, 433
Fuchs, Die Inschriften Sargons II 44b 446
34, 290 lines 18–21 391 57–67 456
43–44, 296 lines 72–74 395 76 471
63, 303 line 21 391 78 471
76, 308 391 93–95, 96–97 464
79–80, 311 lines 49–51 396 105–106 9, 49, 110, 115, 219, 240, 241, 347
80–81, 312 lines 59–69 394 105–107 238, 242
196–197, 344 391, 395 106 23, 458
196–197 lines 23–24 395 107 241, 376
244–246, 355 lines 177–186 394 110 242
111 446
Gadd, “Inscribed Prisms of Sargon II,” 163 446
179–180, lines 25–41 391 170 446
Gilgamesh Epic 106, 398 187–188, 199–200a 49, 201
VI 119–124 451 189–196 201
VI 214 197 111
XI 128–133, 144–147 409
from Megiddo 398 Horowitz, Oshima, and Sanders, Cuneiform
Grayson, Assyrian and Babylonian in Canaan
Chronicles 20–22 (Hadid 2) 392
73 (i 28) 391 40 (Ashdod 2–3) 392
Grayson, Assyrian Rulers I 44 (Beer Sheva 1) 393
218 (A.0.101 1 iii 84–92) 390 45 (Ben-Shemen 1) 392
219 (A.0.101.1 iii 89) 392 55–59 (Gezer 3 and 4) 392
293 (A.0 101.30 149–154) 394 61–64 (Tel Hadid 1 and 2) 392
Horowitz, Oshima, and Sanders, Cuneiform in 1:32–39 380

Canaan (continued) 1:37–39 379
98–99 (Tel Keisan 1) 392 1:47–48 382
100 (Khirbet Kusiya 1) 392 1:50–4:63 74
111 (Qaqun 1) 392 1:50–5:13 288, 478
112 (Samaria 1) 393 1:53 77
113 (Samaria 2) 392 1:60–62 76, 382
113–114 (Samaria 3) 393 1:64–2:1 75
115 (Samaria 4) 391 1:66–2:1 382
126 (Shephela 1) 392 2:5–6 494
153 (Wingate 1) 393 2:8 77
Horowitz, Oshima, and Sanders, “Cuneiform 2:10–12 71, 75, 382
Inscriptions” 2:14 77
Qaqun 2 392 2:20–21 76, 382
2:23, 35 77
Kwasman and Parpola, Legal 2:24–28 75, 480
Transactions . . . Nineveh, SAA 6 2:26–31 382
20 text 17 rev. 15 (ADD 412) 393 2:28 77
38 text 34 rev. 7 (ADD 234) 393 2:34–35 75
42–43, text 40 rev. 11 (ADD 387) 393 2:34–36 382
46 text 43:7 (ADD 19) 393 2:37–38, 42–43 75
77 text 89 rev. 9 (ADD 232) 393 2:42–43 382
145–146 text 177 rev. 11 (ADD 230) 393 2:44–47 76
263–264 text 325 obv. 2 (ADD 470) 393 2:46 77
2:47, 65 77
Lanfranchi and Parpola, The Correspondence 2:52–54 76, 382
of Sargon II, Part II 2:57 77
206, no. 291 395 2:60–67 75, 382
Laws of Eshnunna 26, 110, 400 2:63–65 76
LE 7–11 466 2:69 77
LE 12–13 464, 466 3:4–6 75, 382
LE 13 9, 47, 49, 110, 115, 247, 3:10 77
258, 259–262 3:13–15 382, 383
LE 14–15 466 3:21–22 76
LE 32 419, 444 3:22 77
LE 36–37 248, 460, 466 3:29, 35 77
LE 37 135–137, 249, 252, 253, 255, 259, 3:33–35 76
272, 415, 561 3:43–46 76, 382
LE 50 308, 318, 490 3:54 77
LE 53 8, 9, 17, 19, 20, 41, 49, 110, 3:57, 59 77
115, 164, 209, 218, 223, 242, 259, 3:62–64 75, 382
347, 402, 403 3:68–69 382
LE 53–55 454 4:4–6 382
LE 54 221, 224, 450, 453 4:17 77
LE 55 225 4:17–22 76
LE 58 451, 454 4:18, 27, 35 77
Laws of Hammurabi 3, 7, 106, 107, 118, 120, 4:36–37 76
346–352, 399, 405 4:37 77
LH Prologue (by column) 4:47, 48, 63 77
1:1–15 77 4:48–49 75
1:16–17 494 4:48–52 76, 382
1:27–49 77, 150, 288 4:56 77
1:28, 31, 49 494 4:60–63 76, 382
4:66 77 58 234, 235, 242

5:13 77 63 240
5:14–24 77–80, 82–90, 288 gap¶a 194
5:20–24 14, 382 gap¶a 477
LH Casuistic Laws gap¶e 194
1 158 gap¶e 466
1–2 316 gap¶1 477
1–5 257 gap¶s 149
1–13 318, 329 gap¶t-y 477
2 49, 67, 200, 257, 446 101 438
3–4 316 103 253
5 66, 316 105 470
6 444 106 67, 135, 158, 253
7 149, 266, 407 106–107 438
7–8 250, 251, 263 109 460
8 169, 233, 235, 262, 264, 266, 416, 457 110 442, 443
9 67, 135, 158, 194, 252 111–119 302
9–11 460 112–113 438
9–12 262 114–119 151
9–13 232, 233, 249, 250, 252, 316, 457 115 171, 236, 428
14 9, 47, 49, 165, 196–199, 234, 235, 247, 115–116 169, 170, 174, 189, 190,
250, 353, 407, 420, 445 374, 421,
15–17 149, 420 115–192 413
15–20 199 115–195 402
17 460 116 9, 38, 41, 42, 149, 158, 169, 172, 175,
18 414 185, 212, 226, 236, 303, 416, 428, 440
19 199, 460 117 24, 32, 33, 38, 50, 69, 123–125,
20 67, 199, 253 127–130, 133, 139–141, 145, 148, 149,
21 9, 47, 49, 246, 247, 259–262, 384, 464 152, 154, 173, 302, 304, 205, 330, 347,
22–23 47, 230, 246, 247, 250, 258, 261, 348, 398, 406, 410, 411, 415, 420, 428,
262, 460, 466 490, 498
23 35, 67, 135, 158, 248, 250, 252, 451 117–118 416
30 408 117–119 169
38 303 117–192 32, 34, 35
38–39 410 118 145, 149, 415
40 443 118–119 138, 145, 152, 154, 173
44 240, 451 118–191 154
45–46 270 119 133, 137, 145, 410, 416
48–51 477 120 9, 49, 35, 44, 50, 67, 135, 158,
49 194, 303 236, 247, 252
50–51 303, 451 120–121 438
53 217, 233–235 120–126 43, 44, 47, 67, 151, 230,
53–54 451 236, 243–246, 251, 262, 354, 460
53–55 452 124 236, 247, 421
53–56 237 124–125 9, 49
53–58 457 124–126 438
54 233–235, 237, 262, 457 125 9, 42, 49, 215–217, 222,
55 217 246–250, 261, 272, 451
55–56 234, 235, 237 126 44, 50, 67, 135, 158, 194,
56 217, 240 236, 247, 252, 253
57 240, 259 127 443
57–58 9, 48, 49, 50, 217, 219, 230, 234, 235, 127–191 148
237–240, 242, 262, 347 127–191 420
LH Casuistic Laws (continued) 192–271 154

129 460, 464 193 36, 195
130 460 194 36, 47, 197, 198, 203, 445
131 67, 253, 460 195 9, 35–37, 47, 50, 149, 156, 159, 166,
132 67, 257, 460 171, 193, 195–198, 203, 214, 220, 236,
133b 464 347, 439
137 443 195–214 193, 194, 205, 214
138 451 196 188
139–140 169, 416, 438 196–197 185
142 147, 194, 419, 443 196–199 181
144–146 443 196–201 149, 156, 159, 168, 169, 172, 178,
148 141–144, 144, 146 179, 180, 182–184, 186–189, 191, 227,
148–149 9, 34, 50, 141–143, 145, 152, 154 252, 354, 398, 416, 427, 436
149 143, 147, 451 196–201 8, 9, 37, 39, 50, 95
153 158 196–205 9, 36, 186
154–156 9, 141–143, 147, 148, 152 196–214 19, 371, 374, 436
154–158 201 196–223 38
155 460, 464 198 441
156 451 198–199 40, 435
158 460 199 171, 440
159 194 200 185
160 194 200–201 181
161 194 201 37, 40, 169, 188, 435, 441
168 194 202–205 37, 39, 156, 166, 167, 169, 178,
168–169 445 416, 427, 442
170 194 206 8, 9, 35, 36, 37, 50, 156, 158, 166–169,
170–171 414 171, 176, 178, 181, 182, 184, 185, 189,
171 194 194, 220, 421, 428, 435
172 416 206–207 158, 165, 169, 253, 269, 374,
175 9, 33, 34, 133, 138, 139, 152, 427, 442
154, 214, 415 206–208 155, 156, 157, 159, 162, 166, 169,
177 479 176, 190, 193, 196, 354, 416, 441
178 9, 34, 141–143, 146, 147, 152, 154, 443 206–214 374
178–180 442 207 8, 9, 35, 36, 37, 156, 158, 162–164, 166,
178–182 443 171, 179, 184–186, 203, 220, 226, 254,
185 198 292, 305, 323, 347, 353, 421
185–186 443 208 9, 35, 36, 37, 38, 149, 156, 169, 171,
185–189 444 176, 187, 189, 220, 421
185–191 194 209 179
185–193 197 209–210 39, 50, 176–178, 189, 190, 191,
186 198 435, 440, 450
187 443 209–214 9, 36, 38, 156, 159, 169, 179, 220,
188 198 227, 416
188–189 443 209–223 9, 37
190 198, 445 210 8, 41, 42, 42, 95, 158, 175, 180–183,
190–191 443 185, 212, 354, 434, 440
191 198, 445 211–212 177
192 195, 197 211–214 428
192–193 9, 35–37, 47, 50, 149, 159, 163, 213–214 171, 177
166, 171, 193, 194, 196–198, 203, 236, 215–217 169, 416
327, 347, 439, 443 215–220 181, 182, 437
192–195 165, 353 215–249 40
192–214 154 217 171, 438
218–220 169, 416 254 236

219 171, 451 255 233–235, 240, 456
220 171 256 233–235, 240
221–223 169, 416 257 456
223 171 257–258 280
224–225 40 258–261 438
225 216 259 217
227 194, 253 260 217
228 280, 438 261–262 280
228–271 285 262–267 460, 468
229 41 263 222, 451
229–230 9, 42, 139, 158, 213–218, 264 270, 438
228, 242, 450, 451, 503 264–265 47, 230, 243, 244,
229–231 169 261, 266
229–240 41, 42 264–266 242, 245
230 41, 42 265 42, 44, 198, 232, 236, 237, 264
230–231 450 265–266 9, 252, 354
230–232 416 265–271 252
231 451 266 35, 44, 45, 50, 67, 135, 158, 243, 248,
232 451 252–254, 257, 265–271, 273–275, 282,
234 438 354, 426, 470
236 470 266–267 9, 44, 230
236–237 42, 451 266–271 265, 284
237 470 267 45, 216, 217, 222, 271, 273, 274, 438,
238 216, 438 451, 469
239 438 268 45, 46
240 67, 135, 158, 253, 451, 460 268–271 9, 45, 46, 68, 230, 279–284, 347,
241–243 280 348, 381
241–249 40 271 438, 471
242–243 438 272–277 68, 280, 283
242–247 277 272–282 68
244 46, 49, 273–275, 487 273–274 438
244–249 9, 216, 265, 268, 280, 276–278 438
282, 284, 460, 470, 471 278–281 134, 149, 420
245–246 451 278–282 125, 154, 173, 283, 407
245–248 216 280 137
246 222, 268 281 67, 158, 253
246–248 283 282 9, 33, 49, 50, 95, 133, 134, 137, 138,
247 438 143, 152, 173, 194, 197, 214, 232, 381,
248 268, 438 398, 414
249 46, 49, 67, 253, 273, 426 LH Epilogue (by column)
250 170 47:1–5 14
250–251 50, 149 47:1–8 69, 78, 82–90, 288, 381
250–252 7, 8, 9, 17, 40, 169, 47:9–58 69, 289, 478
205–229, 347, 427, 448, 453 47:11–16 381
251 41, 95, 140, 164, 174, 186, 450 47:22 381
251–252 438 47:33–34 381, 382
252 41, 149, 172 47:40–41 382, 494
253 198, 199, 232, 235, 247 47:58–49:17 12–13
253–254 236 47:58–49:44 11
253–264 43, 219 47:59–62 301, 398
253–265 9, 50, 230, 231, 262 47:59–78 66, 69, 150, 289, 381
253–271 245 47:59–48:2 60
LH Epilogue (continued) 49:18–22 60, 64

47:59–48:94 82–90 49:18–44 62
47:63–66 67 49:25–26 341
47:67–69 72 49:27–32 63
47:70–72 380 49:33–35 334
47:70–78 70 49:45–51:91 62, 68
47:73–75 381 49:73–80 68, 490
47:74–78 294 49:76–80 334
47:75–78 291 49:93–94 381
47:76 77 50:31–36 68, 490
47:76–78 72 50:96–98 68
47:79–48:2 69 50:99–103 68
47:82–83 296 50:104–106 73
47:84–88 67 51:29–39 381
47:84–92 67, 289 Laws of Lipit-Ishtar
47:93–48:2 59, 71, 72, 295, 334, 398 LLI 27 419
47:94 77 LLI 28 417
48:1–2 290 LLI d-e 433
48:3–5 340 Laws of Urnamma
48:3–8 294 4 415
48:3–58 69
48:6 77 Middle Assyrian Laws 26, 105,
48:6–8 291 110–114, 357, 400
48:10–14 340 A 7 111
48:12–17 61 A 8 111, 179, 435
48:18–19 59, 330 A 12 111
48:20–22 478 A 12–16 401
48:20–38 61, 289, 296 A 13–16 111
48:20–47 67 A 14 111
48:20–58 298 A 18 111
48:34–35 73 A 19 111
48:39–47 74 A 21 111, 438
48:41–58 61 A 22–24 111
48:48–58 67, 71, 72, 299 A 23 111
48:59–44 69 A 25–28 111
48:59–94 82–90, 290 A 30 111
48:59–49:1 62 A 31 111
48:59–49:17 314, 380 A 36 419
48:59–49:44 69 A 39 413
48:62–94 62 A 40 414
48:64–67 14, 60, 64 A 43 111
48:68–72 66 A 44 414
48:68–74 63, 66 A 46 111
48:78–79 14, 60, 64 A 43 419
48:80–85 66 A 47 49, 200, 203
48:88–90 66 A 48 413
48:93–94 382 A 50 9, 39, 49, 110,
48:95–49:17 290 182, 433
48:95–98 67 A 50–53 438
49:2–5 60, 64 A 51 438
49:2–17 62 A 52 9, 39, 49, 110, 182, 183
49:6–10 63 A 53 433, 438
49:14–15 67, 73 A 55 111
A 55–56 9, 48, 49, 110, 114, 1.14 i 53-ii 3 415

130–132, 152, 219, 283, 347, 411, 412, 435 1.14 ii 21–25 415
C+G 2–3 413 1.14 iii 3–4, 12–15 409
1.14 iii 33–37 415
Neo-Babylonian Laws 114 1.14 v 5–6 409
3 217, 503 1.14 v 34–38 415
7 115, 200 1.14 vi 3–8, 17–22 415
1.17 i 11–15 409
Parpola, Correspondence of Sargon II, Part I 1.17 i 25–33, 42–48 445
170, no. 220 395 1.17 ii 1–9, 14–23 445
1.17 ii 37–39 409
Saggs, “Historical Texts,” 14–15 line 20 1.19 iv 17 409
(Aššur Charter) 391 1.22 i 23–25 409
Sumerian Laws Exercise Tablet (Roth, 1.41 45–47 409
Collections, 42–45) 1.126 19–21 409
1–2 433 1.171 6–7 409
4´ 443
Marseilles and Carthage Tariffs
Tadmor, Inscriptions of KAI 69, 74 387
Tiglath-Pileser III Mazad Hashavyahu Ostracon 303
68–69 (Ann. 13, 10–11) 390
80–81 (Ann. 14 and 18) 390
Sefire stelae 397
140–141 (Summary Inscription 4,
15´-18´) 390
170–171 (Summary Inscription Tell Fekherye inscription 393
7 rev. 11´) 390
186–189 (Summary Inscription
9 rev. 4, 9–10) 390
202–203 (Summary Inscription Egyptian, Classical, Post-Biblical,
13, 17´) 390 and Rabbinic Texts
Telipinu Proclamation §32 431
Tell Fekherye inscription 393 b. Shab. 31a 378
b. Sukkah 28a 386
Uru-Inimgina, reforms 476
Instructions of Amenemope 479
Vassal Treaties of Esarhaddon
(VTE) 103–104, 350
m. Baba Mesi‛a 8:1 471
§§4, 8–12, 24, 25, 34, 37, 38a-42, 47–49, 52,
m. Eduyot 1:3 386
56, 57, 59, 63–64, 85 397
Mekhilta, Lauterbach, 1:64 442
3:124 469
Winckler, Keilschrifttexte Sargons
168–169, line 8 391
Roman Twelve Tables 464
188–189, line 29 391
8.2 436
8.12–13 465
Northwest Semitic Texts Sirach

31:22; 34:22; 38:18;
Cunieform Alphabetic Texts (Ugaritic) 41:9 433
1.4 vi 24–32 409
1.14–16 (Kirta) 138 Temple Scroll 27, 358, 508

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INVENTING GOD’S LAW

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How the Covenant Code of the Bible Used and

Oxford New York

Copyright © 2009 by Oxford University Press, Inc.

Published by Oxford University Press, Inc.

Library of Congress Cataloging-in-Publication Data

Abbreviations and Special Terminology xiii

11. The Themes and Ideology of the Apodictic Laws

Abbreviations otherwise follow those found at the beginning of the volumes

This study proposes a profoundly new understanding of the composition and

an academic abstraction rather than a digest of laws practiced by Israelites

The Evidence in Brief

Exodus 21:28–32 Laws of Hammurabi 250–252

1. 21:2, 3–6 debt-slavery of males, 117 son, father debt-servants;

Table 1.2: Main nonsequential correspondences with LH

Table 1.3: Main correspondences with cuneiform laws other than LH

Table 1.4: Parallel string structure of the final apodictic laws of CC

1. general law about 22:20–23: three classes— 23:9: immigrant not to be

Hammurabi’s image set up in the Images of (other) gods not to be

“enter (erēbum) the Esagil temple”

otherwise from everyday Israelite or Judean legal practice. Nevertheless, native

As noted already, most scholars reject a model of literary dependence. Some

other collections, in fact, depend on and develop CC.83 If Deuteronomy’s basic

This observation seeks to shift the focus of evidential attention by downplay-

Similarities, Proof, and Compositional Logic

adaptation of borrowed materials according to some ideological scheme

similarities. It also explores evidence of Israelite/Judean scribal literacy in

1. Temporary Debt-Slavery of a Male (21:2–6; texts

2. Debt-Slavery of a Daughter (21:7–11; texts

3. Homicide (21:12–14; texts on pp. 155–156)

4. Child Rebellion (21:15, 17; texts on p. 193)

The laws on child rebellion in Hammurabi’s collection (LH 192–193, 195)

5. Striking in a Fight and Providing a Cure (21:18–19;

6. Striking and Killing One of a Lower Class (21:20–21;

7. Striking/Knocking a Pregnant Woman (21:22–25;

8. Talion Laws and Injuring a Slave (22:23b–27; texts

9. A Goring Ox (21:28–32, 35–36; texts on

CC attaches an amendment to the foregoing laws, stating that if the victim

10. Negligence (21:33–34; texts on pp. 213, 215, 217)

A law on negligence appears in the middle of the goring ox laws in CC (21:33–

11. Animal Theft (21:37 + 22:2b – 3; texts on

12. Deposit (22:6–8; texts on pp. 242–246)

13. Death or Injury of Animals (22:9–12; texts on

Laws on the accidental death or injury of animals (Exod 22:9–12; LH 266–

14. Animal Rental (22:13–14; texts on pp. 279–281)

Miscellaneous, Nonsequential Laws

Kidnapping (21:16; texts on p. 197)

Burglary (22:1–2a; texts on p. 258)

Crop damage (22:4–5; texts on pp. 237, 240–241)

Seducing an unbetrothed virgin (22:15–16; texts

Participial laws in Exodus 22:17–19 (texts on

between these portions of the texts continue the sequential correspondences

The “String” and Chiastic Structures of the Final

String I: Exodus 22:20–30 String II: Exodus 23:9–19