The Text of the Inscription - Hammurabi's Code
The Text of the Inscription
Chapter IV: The Text of the Inscription
Overview
Anu, the king of the Anunnaki, and Bel, the lord of heaven and earth, allocated mankind's fates to Merodach, the first-born of Ea.
Merodach was exalted in Babylon; an eternal kingdom was established for him, with foundations enduring like heaven and earth.
Hammurabi, regarded as a god-fearing prince, was called to establish justice and protect the feeble from oppression and shining light upon men.
Hammurabi's Titles and Accomplishments
Hammurabi's Sovereignty: Described as the elect shepherd of Bel, a provider of riches, the hero king who restored Eridu, and a protector of his people.
Activities:
Completed works in Nippur and Duranki.
Restored the cult of E Absu.
Expanded agricultural areas significantly, including Dilbat.
Exalted Titles:
Protector of the Land: Reassembled dispersed citizens of Isin; established abundance in E Galmakh.
Divine Urban King: Favored of Shamash, the founder of Sippara, and decorated Nana’s great sanctuaries.
Invader of the Four Quarters, who ensured his lord Merodach’s constant service.
Hammurabi's Legal Principles
Introduction to Law
Hammurabi aimed to conduct and govern society with justice and righteousness.
Notable Laws and Penalties
Cursing and Spells:
If a curse is unjustly placed, the person who placed the curse shall be slain.
Unjust spells lead to a trial by holy river; outcomes dictate penalties for both parties.
Litigation and False Testimony:
Punishment for providing false evidence in a lawsuit may vary based on the type of case, especially capital cases.
Theft and Property Rights:
Consequences for stealing from gods or royal property: the thief shall be slain.
Specific rates for theft based on the thief’s status (plebeian vs. free citizen) and the item stolen (livestock vs. other property).
If ownership of stolen goods is disputed, procedural steps are outlined for judicial proceedings, including witness participation.
Fugitive Slaves:
Slaves cannot be harbored or removed from their rightful owners; severe penalties apply for non-compliance.
Compensation is due for returning a runaway slave.
Damage to Property:
Repercussions for flooding a neighbor’s field due to negligence, alongside resignation involving reparations through agricultural products.
Responsibilities of Soldiers and Captains:
Detailed rules regarding military service, particularly those who flee, substitute, or neglect duties through laziness or other failures.
Provisions for returning fields and property in specific circumstances.
Laws Relating to Marriage and Family
Wife and Divorce Regulations:
Rights of the wife concerning parental obligations and dowry return upon divorce; rules differ for wives who bore children vs. those who did not.
Specific consequences for infidelity; stipulations about evidence for accusations of illicit relationships.
Provisions for Children:
Regulations regarding the inheritance rights of children born from various marital and concubinage arrangements are established.
Sons of bondswomen and wives have distinct rights and statuses in inheritance matters.
Responsibilities of Adoptive Fathers:
Adopted sons may not be reclaimed if raised and recognized officially by the adoptive parent.
Provisions exist for houses and inheritances in cases of adoptions.
Criminal Justice and Physical Offenses
Assault and Bodily Harm:
Strict penalties outlined for striking and injuring another person, including prescribed reparations based on victims’ social status (free man, plebeian, slave).
Distinct laws specify repercussions for the death of an individual resulting from physical altercations.
Professional Accountability:
Medical practitioners are accountable for outcomes of their treatments; failures may lead to loss of limbs or life, depending on severity.
Property Crimes:
Penalties for destruction or theft, including severe measures for a builder whose structure causes death.
Conclusion
Hammurabi's code signifies a comprehensive legal framework aiming to maintain order, justice, and accountability, setting forth detailed regulations covering various aspects of social, economic, and legal interactions in Babylonian society.
Each law is meticulously detailed with specific consequences for transgressions, reflecting the societal values and hierarchies of the time.