Note: The Code of Hammurabi was a compilation of almost three hundred laws on every aspect of life. Much can be learned both about Mesopotamian life and ideals through these laws. It should be kept in mind that we cannot be sure how well enforced these laws were, but it is safe to say that a powerful king in ancient Mesopotamia thought these were the laws that would guide a just society. This code was not was not an entirely new set of laws, but a compilation and revision of earlier law codes of the Sumerians and Akkadians
Prologue:
. . . When Marduk (God of Babylon) sent me to rule the people and to bring help to the country, I established law and justice in the language of the land and promoted the welfare of the people. At that time I decreed:
Justice
1. If a man brings an accusation against another man, charging
him with murder, but cannot prove it, the accuser shall be put to death.
2. If a man has accused another of laying a spell upon him, but
has not proved it, the accused shall go to the sacred river, he shall plunge
into the sacred river, and if the sacred river shall conquer him, he that
accused him shall take possession of his house. If the sacred river
shall show his innocence and he is saved, his accuser shall be put to death.
3. If a man bears false witness in a case, or does not establish
the testimony that he has given, if that case is case involving life, that
man shall be put to death.
4. If a man bears false witness concerning grain or money, he
shall himself bear the penalty imposed in the case.
5. If a judge pronounces judgment, renders a decision, delivers
a verdict duly signed and sealed, and afterward alters his judgment , they
shall call that judge to account for the alteration of the judgment which
he has pronounced, and he shall pay twelve-fold the penalty in that judgment;
and, in the assembly, they shall expel him from his judgment seat.
Property
6. If a man has stolen goods from a temple, or house, he shall
be put to death; and he that has received the stolen property from him
shall be put to death.
14. If a man has stolen a child, he shall be put to death.
22. If a man practices robbery and is captured, that man shall
be put to death.
23. If the robber is not captured, the man who has been robbed
shall, in the presence of god, make and itemized statement of his loss,
and the city and the governor in whose jurisdiction the robbery was committed
shall compensate him for whatever was lost.
24. If it is a life that is lost, the city and governor shall
pay (one pound) of silver to his heirs.
26. If a levy-master, or warrant officer, who has been detailed
on the king's service, has not gone, or has hired a substitute in his place,
that levy-master or warrant officer shall be put to death and the hired
substitute shall take his place.
Irrigation
53. If a man neglects to maintain his dike and does
not strengthen it, and a break is made in his dike and the water carries
away the farmland, the man in whose dike the break has been made shall
replace the grain which has been damaged.
54. If he is not able to replace the grain, they shall sell him
and his goods and the farmers whose grain the water has carried away shall
divide the proceeds from the sale.
Trade
88. If a merchant lends grain at interest, for one gur he shall
receive on hundred sila as interest (33 percent); if he lends money at
interest, for one shekel of silver he shall receive one-fifth of a shekel
as interest.
104. If a merchant gives to an agent grain, wool, oil, or goods
of any kind with which to trade, the agent shall write down the value and
return the money to the merchant. The agent shall take a sealed
receipt for the money which he gives to the merchant.
105. If the agent is careless and does not take a receipt
for the money which he has given to the merchant, the money not receipted
for shall not be placed to his account.
108. If a wine seller does not take grain for the price of a
drink but takes money by the large weight, or if she makes the measure
of drink smaller than the measure of grain, they shall call that wine seller
to account and throw her into the water.
109. If bad characters gather in the house of a wine seller
and she does not arrest them and bring them to the palace, that wine seller
shall be put to death.
110. If a priestess who is not living in a convent opens a wine
shop or enters a wine shop for a drink, they shall burn that woman.
117. If a man is in debt and sells his wife, son, or daughter,
or binds them over to service, for three years they shall work in the house
of their purchaser of master; in the fourth year they shall be given their
freedom.
Family
129. If the wife of a man is caught lying with another man, they
shall bind them and throw them into the water. If the husband of
the woman wishes to spare his wife, then the king shall spare his servant.
130. If a man has ravished another's betrothed wife, who is a
virgin, while still living in her father's house, and has been caught in
the act, that man shall be put to death; the woman shall go free.
131. If a man has accused his wife but she has not been caught
lying with another man, she shall take an oath in the name of god and return
to her house.
138. If a man wishes to divorce his wife who has not borne
him children, he shall give her money to the amount of her marriage price
and he shall make good to her the dowry which she brought from her father's
house and then he may divorce her.
141. If the wife of a man who is living in her husband's house,
has persisted in going out, has acted the fool, has waster her house, has
belittled her husband, he shall prosecute her. If her husband has
said, "I divorce her," she shall go her way; he shall give her nothing
as her price of divorce. If her husband has said "I will not divorce
her" he may take another woman to wife; the wife shall live as a slave
in her husband's house.
142. If a woman has hated her husband and has said, "You
shall not possess me,: her past shall be inquired into, as to what she
lacks. If she has been discreet, and has no vice, and her husband
has gone out, and has greatly belittled her; that woman has not blame,
she shall take her marriage portion and go off to her father's house.
143. If she has not been discreet, has gone out, ruined her house,
belittled her husband, she shall be drowned.
150. If a man has presented a field, garden, house, or goods
to his wife, has granted her a deed of gift, her children, after her husband's
death, shall not dispute her right; the mother shall leave it after her
death to that one of her children whom she loves best. She shall
not leave it to an outsider.
153. If a man's wife, for the sake of another, has caused her
husband to be killed, that woman shall be impaled
154. If a man has committed incest with his daughter, that man
shall be banished from the city.
155. If a man has betrothed a maiden to his son and his son has
known her, and afterward the man has lain in her bosom, and been caught,
that man shall be strangled and she shall be cast into the water.
156. If a man has betrothed a maiden to his son, and his son
has not known her, and that man has lain in her bosom, she shall pay her
half a mina of silver, and shall pay over to her whatever she brought from
her father's house, and the husband of her choice shall marry her.
159 If a man who has brought a gift to the house of his father-in-law
and has paid the marriage price, looks with longing upon another woman
and says to his father-in-law, "I will not marry your daughter," the father
of the daughter shall take to himself whatever was brought to him.
168. If a man sets his face to disinherit his son and says to
the judges, "I will disinherit my son," the judges shall inquire into his
record, and if the son has not committed a crime sufficiently grave to
cut him off from sonship, the father may not cut off his son from sonship.
170. If a man's wife bears him children and his maidservant bears
him children, and the father during his lifetime says to the children which
the maidservant bore him, "My children," and reckons them with the children
of his wife, after the father dies the children of the wife and the children
of the maidservant shall divide the goods of the father's estates equally.
The son of the wife shall have the right of choice a the division.
Personal Injury
195. If a son strikes his father, they shall cut off his hand.
196. If a man destroys the eye of another man, they shall destroy
his eye.
197. If he breaks another man's bone, they shall break his bone.
198. If he destroys the eye of a plebeian or breaks the bone
of a plebeian, he shall pay one mina of silver.
199. If he destroys the eye of a man's slave or beaks a bone
of a man's slave, he shall pay one-half his price.
200. If a man knocks out a tooth of a man of his own rank, they
shall knock out his tooth
201. If he knocks out a tooth of a plebeian, he shall pay one-third
mina of silver
209. If a man has struck a free woman with child, and has caused
her to miscarry, he shall pay ten shekels for her miscarriage
210. If that woman die, his daughter shall be killed.
Physicians and Malpractice
215. If a physician operates on a man for a sever wound with a
bronze lancet and saves the man's life, or if he opens an abscess in the
eye of a man with a bronze lancet and saves that man's eye, he shall receive
ten shekels of silver.
216. If he is a plebeian, he shall receive five shekels.
217. If he is a slave, the owner shall pay two shekels.
218. If a physician operates on a man for a sever wound with
a bronze lancet and causes the man's death, or destroys the man's eye,
they shall cut off his hand.
219. If a physician operates on a slave for a severe wound and
causes his death, he shall restore a slave of equal value.
Building Code
229. If a builder builds a house for a man and does not make its
construction sound, and the house which he has built collapses and causes
the death of the owner of the house, the builder shall be put to death.
233. If a builder builds a house for a man and does not make
its construction sound, and a wall cracks, that builder shall strengthen
that wall at his own expense.
Property and Wage Regulations
244. If a man has hired an ox, or an ass, and a lion has killed
it in the open field, the loss falls on the owner.
245. If a man has hired an ox and has caused its death, by carelessness,
or blows, he shall restore ox for ox, to the owner of the ox.
249. If a man has hired an ox, and god has struck it, and it
has died, the man that hired the ox shall make affidavit and go free.
250. If a bull has gone wild and gored a man, and caused his
death, there can be no suit against the owner.
251. If a man's ox be a gorer, and has revealed its evil propensity
as a gorer, and he has not blunted its horn, or shut up the ox, and then
that ox has gored a free man, and caused his death, the owner shall pay
half a mina of silver
257. If a man hires a field laborer, he shall pay him eight gur
of grain per year.
258. If a man hires a herdsman, he shall pay him six gur of grain
per year.
268. If a man hires on ox to thresh, twenty sila of grain is
his daily hire.
282. If a slave has said to his master, "You are not my master,"
he shall be brought to account as his slave, and his master shall cut off
his ear.