Axial Commons

Mesopotamian religion and literature

Code of Hammurabi

tr. C. H. W. Johns (1903) · published 1903, before 1930 · source

Code of Hammurabi §135

If a man has been taken captive and in his house there is no maintenance before her, his wife has entered into the house of another and has borne children, afterwards her husband has returned and regained his city, that woman shall return to her bridegroom, the children shall go after their father.

Code of Hammurabi §136

If a man has left his city and fled, after him his wife has entered the house of another, if that man shall return and has seized his wife, because he hated his city and fled, the wife of the truant shall not return to her husband.

Code of Hammurabi §137

If a man has set his face to put away his concubine who has borne him children or his wife who has granted him children, to that woman he shall return her her marriage portion and shall give her the usufruct of field, garden, and goods, and she shall bring up her children. From the time that her children are grown up, from whatever is given to her children they shall give her a share like that of one son, and she shall marry the husband of her choice.

Code of Hammurabi §138

If a man has put away his bride who has not borne him children, he shall give her money as much as her dowry, and shall pay her the marriage portion which she brought from her father's house, and shall put her away.

Code of Hammurabi §141

If the wife of a man who is living in the house of her husband has set her face to go out and has acted the fool, has wasted her house, has belittled her husband, one shall put her to account, and if her husband has said, 'I put her away,' he shall put her away and she shall go her way, he shall not give her anything for her divorce. If her husband has not said 'I put her away,' her husband shall marry another woman, that woman as a maidservant shall dwell in the house of her husband.

Code of Hammurabi §142

If a woman hates her husband and has said 'Thou shalt not possess me,' one shall enquire into her past what is her lack, and if she has been economical and has no vice, and her husband has gone out and greatly belittled her, that woman has no blame, she shall take her marriage portion and go off to her father's house.

Code of Hammurabi §143

If she has not been economical, a goer about, has wasted her house, has belittled her husband, that woman one shall throw her into the waters.

Code of Hammurabi §144

If a man has espoused a votary, and that votary has given a maid to her husband and has brought up children, that man has set his face to take a concubine, one shall not countenance that man, he shall not take a concubine.

Code of Hammurabi §145

If a man has espoused a votary, and she has not granted him children and he has set his face to take a concubine, that man shall take a concubine, he shall cause her to enter into his house. That concubine he shall not put on an equality with the wife.

Code of Hammurabi §146

If a man has espoused a votary, and she has given a maid to her husband and she has borne children, afterwards that maid has made herself equal with her mistress, because she has borne children her mistress shall not sell her for money, she shall put a mark upon her and count her among the maidservants.

Code of Hammurabi §148

If a man has married a wife and a sickness has seized her, he has set his face to marry a second wife, he may marry her, his wife whom the sickness has seized he shall not put her away, in the home she shall dwell, and as long as she lives he shall sustain her.

Code of Hammurabi §149

If that woman is not content to dwell in the house of her husband, he shall pay her her marriage portion which she brought from her father's house, and she shall go off.

Code of Hammurabi §150

If a man to his wife has set aside field, garden, house, or goods, has left her a sealed deed, after her husband her children shall not dispute her, the mother after her to her children whom she loves shall give, to brothers she shall not give.

Code of Hammurabi §151

If a woman, who is dwelling in the house of a man, her husband has bound himself that she shall not be seized on account of a creditor of her husband's, has granted a deed, if that man before he married that woman had a debt upon him, the creditor shall not seize his wife, and if that woman before she entered the man's house had a debt upon her, her creditor shall not seize her husband.

Code of Hammurabi §152

If from the time that that woman entered into the house of the man a debt has come upon them, both together they shall answer the merchant.

Code of Hammurabi §153

If a man's wife on account of another male has caused her husband to be killed, that woman upon a stake one shall set her.

Code of Hammurabi §155

If a man has betrothed a bride to his son and his son has known her, and he afterwards has lain in her bosom and one has caught him, that man one shall bind and cast her into the waters.

Code of Hammurabi §156

If a man has betrothed a bride to his son and his son has not known her, and he has lain in her bosom, he shall pay her half a mina of silver and shall pay to her whatever she brought from her father's house, and she shall marry the husband of her choice.

Code of Hammurabi §157

If a man, after his father, has lain in the bosom of his mother, one shall burn them both of them together.

Code of Hammurabi §158

If a man, after his father, has been caught in the bosom of her that brought him up, who has borne children, that man shall be cut off from his father's house.

Code of Hammurabi §159

If a man who has brought in a present to the house of his father-in-law, has given a dowry, has looked upon another woman, and has said to his father-in-law, 'Thy daughter I will not marry,' the father of the daughter shall take to himself all that he brought him.

Code of Hammurabi §160

If a man has brought in a present to the house of his father-in-law, has given a dowry, and the father of the daughter has said, 'My daughter I will not give thee,' he shall make up and return everything that he brought him.

Code of Hammurabi §161

If a man has brought in a present to the house of his father-in-law, has given a dowry, and a comrade of his has slandered him, his father-in-law has said to the claimant of the wife, 'My daughter thou shalt not espouse,' he shall make up and return all that he brought him, and his comrade shall not marry his wife.

Code of Hammurabi §162

If a man has married a wife and she has borne him children, and that woman has gone to her fate, her father shall have no claim on her marriage portion, her marriage portion is her children's forsooth.

Code of Hammurabi §163

If a man has married a wife, and she has not granted him children, that woman has gone to her fate, if his father-in-law has returned him the dowry that that man brought to the house of his father- in-law, her husband shall have no claim on the marriage portion of that woman, her marriage portion belongs to the house of her father forsooth.

Code of Hammurabi §164

If his father-in-law has not returned him the dowry, he shall deduct all her dowry from his marriage portion and shall return her marriage portion to the house of her father.

Code of Hammurabi §165

If a man has apportioned to his son, the first in his eyes, field, garden, and house, has written him a sealed deed, after the father has gone to his fate, when the brothers divide, the present his father gave him he shall take, and over and above he shall share equally in the goods of the father's house.

Code of Hammurabi §166

If a man, in addition to the children which he has possessed, has taken a wife, for his young son has not taken a wife, after the father has gone to his fate, when the brothers divide, from the goods of the father's house to their young brother who has not taken a wife, beside his share, they shall assign him money as a dowry and shall cause him to take a wife.

Code of Hammurabi §167

If a man has taken a wife, and she has borne him sons, that woman has gone to her fate, after her, he has taken to himself another woman and she has borne children, afterwards the father has gone to his fate, the children shall not share according to their mothers, they shall take the marriage portions of their mothers and shall share the goods of their father's house equally.

Code of Hammurabi §168

If a man has set his face to cut off his son, has said to the judge 'I will cut off my son,' the judge shall enquire into his reasons, and if the son has not committed a heavy crime which cuts off from sonship, the father shall not cut off his son from sonship.

Code of Hammurabi §169

If he has committed against his father a heavy crime which cuts off from sonship, for the first time the judge shall bring back his face; if he has committed a heavy crime for the second time, the father shall cut off his son from sonship.

Code of Hammurabi §170

If a man his wife has borne him sons, and his maidservant has borne him sons, the father in his lifetime has said to the sons which the maidservant has borne him 'my sons,' has numbered them with the sons of his wife, after the father has gone to his fate, the sons of the wife and the sons of the maidservant shall share equally in the goods of the father's house; the sons that are sons of the wife at the sharing shall choose and take.

Code of Hammurabi §171

And if the father in his lifetime, to the sons which the maidservant bore him, has not said 'my sons,' after the father has gone to his fate the sons of the maid shall not share with the sons of the wife in the goods of the father's house, one shall assign the maidservant and her sons freedom; the sons of the wife shall have no claim on the sons of the maidservant for servitude, the wife shall take her marriage portion and the settlement which her husband gave her and wrote in a deed for her and shall dwell in the dwelling of her husband, as long as lives she shall enjoy, for money she shall not give, after her they are her sons' forsooth.

Code of Hammurabi §172

If her husband did not give her a settlement, one shall pay her her marriage portion, and from the goods of her husband's house she shall take a share like one son. If her sons worry her to leave the house, the judge shall enquire into her reasons and shall lay the blame on the sons, that woman shall not go out of her husband's house. If that woman has set her face to leave, the settlement which her husband gave her she shall leave to her sons, the marriage portion from her father's house she shall take and she shall marry the husband of her choice.

Code of Hammurabi §173

If that woman where she has entered shall have borne children to her later husband after that woman has died, the former and later sons shall share her marriage portion.

Code of Hammurabi §174

If she has not borne children to her later husband, the sons of her bridegroom shall take her marriage portion.

Code of Hammurabi §175

If either the slave of the palace or the slave of the poor man has taken to wife the daughter of a gentleman, and she has borne sons, the owner of the slave shall have no claim on the sons of the daughter of a gentleman for servitude.

Code of Hammurabi §176

And if a slave of the palace or the slave of a poor man has taken to wife the daughter of a gentleman and, when he married her, with a marriage portion from her father's house she entered into the house of the slave of the palace, or of the slave of the poor man, and from the time that they started to keep house and acquired property, after either the servant of the palace or the servant of the poor man has gone to his fate, the daughter of the gentleman shall take her marriage portion, and whatever her husband and she from the time they started have acquired one shall divide in two parts and the owner of the slave shall take one-half, the daughter of a gentleman shall take one-half for her children. If the gentleman's daughter had no marriage portion, whatever her husband and she from the time they started have acquired one shall divide into two parts, and the owner of the slave shall take half, the gentleman's daughter shall take half for her sons.

Code of Hammurabi §177

If a widow whose children are young has set her face to enter into the house of another, without consent of a judge she shall not enter. When she enters into the house of another the judge shall enquire into what is left of her former husband's house, and the house of her former husband to her later husband, and that woman he shall entrust and cause them to receive a deed. They shall keep the house and rear the little ones. Not a utensil shall they give for money. The buyer that has bought a utensil of a widow's sons shall lose his money and shall return the property to its owners.

Code of Hammurabi §178

If a lady, votary, or a vowed woman whose father has granted her a marriage portion, has written her a deed, in the deed he has written her has not, however, written her 'after her wherever is good to her to give,' has not permitted her all her choice, after the father has gone to his fate, her brothers shall take her field and her garden, and according to the value of her share shall give her corn, oil, and wool, and shall content her heart. If her brothers have not given her corn, oil, and wool according to the value of her share, and have not contented her heart, she shall give her field or her garden to a cultivator, whoever pleases her, and her cultivator shall sustain her. The field, garden, or whatever her father has given her she shall enjoy as long as she lives, she shall not give it for money, she shall not answer to another, her sonship is her brothers' forsooth.

Code of Hammurabi §179

If a lady, a votary, or a woman vowed, whose father has granted her a marriage portion, has written her a deed, in the deed he wrote her has written her 'after her wherever is good to her to give,' has allowed to her all her choice, after the father has gone to his fate, after her wherever is good to her she shall give, her brothers have no claim on her.

Code of Hammurabi §180

If a father to his daughter a votary, bride, or vowed woman has not granted a marriage portion, after the father has gone to his fate, she shall share in the goods of the father's house a share like one son, as long as she lives she shall enjoy, after her it is her brothers' forsooth.

Code of Hammurabi §181

If a father has vowed to God a votary, hierodule, or NU- BAR, and has not granted her a marriage portion, after the father has gone to his fate she shall share in the goods of the father's house one- third of her sonship share and shall enjoy it as long as she lives, after her it is her brothers' forsooth.

Code of Hammurabi §182

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

Code of Hammurabi §183

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

Code of Hammurabi §184

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

Code of Hammurabi §185

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

Code of Hammurabi §186

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

Code of Hammurabi §187

The son of a NER-SE-GA, a palace warder, or the son of a vowed woman no one has any claim upon.

Code of Hammurabi §188

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

Code of Hammurabi §189

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

Code of Hammurabi §190

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

Code of Hammurabi §191

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

Code of Hammurabi §192

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

Code of Hammurabi §193

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

Code of Hammurabi §194

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

Code of Hammurabi §198

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

Code of Hammurabi §199

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

Code of Hammurabi §200

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

Code of Hammurabi §201

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

Code of Hammurabi §202

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

Code of Hammurabi §203

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

Code of Hammurabi §204

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

Code of Hammurabi §205

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

Code of Hammurabi §206

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

Code of Hammurabi §207

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

Code of Hammurabi §209

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

Code of Hammurabi §211

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

Code of Hammurabi §213

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

Code of Hammurabi §215

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

Code of Hammurabi §217

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

Code of Hammurabi §218

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

Code of Hammurabi §219

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

Code of Hammurabi §220

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

Code of Hammurabi §221

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

Code of Hammurabi §223

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

Code of Hammurabi §224

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

Code of Hammurabi §225

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

Code of Hammurabi §226

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

Code of Hammurabi §227

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

Code of Hammurabi §228

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

Code of Hammurabi §229

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

Code of Hammurabi §230

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

Code of Hammurabi §231

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

Code of Hammurabi §232

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

Code of Hammurabi §233

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

Code of Hammurabi §234

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