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Page 1: The Code of Hammurabi - Ataun in... · The Code of Work reproduced with no editorial responsibility Hammurabi. Notice by Luarna Ediciones This book is in the public domain because

The Code ofHammurabi

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Notice by Luarna Ediciones

This book is in the public domain becausethe copyrights have expired under Spanish law.

Luarna presents it here as a gift to its cus-tomers, while clarifying the following:

1) Because this edition has not been super-vised by our editorial deparment, wedisclaim responsibility for the fidelity ofits content.

2) Luarna has only adapted the work tomake it easily viewable on common six-inch readers.

3) To all effects, this book must not be con-sidered to have been published byLuarna.

www.luarna.com

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§ 1. If a man weave a spell and put a ban upona man, and has not justified himself, he thatwove the spell upon him shall be put to death.

§ 2. If a man has put a spell upon a man, andhas not justified himself, he upon whom thespell is laid shall go to the holy river, he shallplunge into the holy river, and if the holy riverovercome him, he who wove the spell uponhim shall take to himself his house. If the holyriver makes that man to be innocent, and hassaved him, he who laid the spell upon himshall be put to death. He who p. 2plunged intothe holy river shall take to himself the house ofhim who wove the spell upon him.

§ 3. If a man, in a case pending judgement, hasuttered threats against the witnesses, or has notjustified the word that he has spoken, if thatcase be a capital suit, that man shall be put todeath.

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§ 4. If he has offered corn or money to the wit-nesses, he shall himself bear the sentence ofthat case.

§ 5. If a judge has judged a judgement, decideda decision, granted a sealed sentence, and af-terwards has altered his judgement, that judge,for the alteration of the judgement that hejudged, one shall put him to account, and heshall pay twelvefold the penalty which was inthe said judgement, and in the assembly oneshall expel him from his judgement seat, and heshall not return, and with the judges at ajudgement he shall not take his seat.

§ 6. If a man has stolen the goods of temple orpalace, that man shall be killed, p. 3and he whohas received the stolen thing from his handshall be put to death.

§ 7. If a man has bought silver, gold, manser-vant or maidservant, ox or sheep or ass, or any-thing whatever its name, from the hand of a

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man’s son, or of a man’s slave, without witnessand bonds, or has received the same on deposit,that man has acted the thief, he shall be put todeath.

§ 8. If a man has stolen ox or sheep or ass, orpig, or ship, whether from the temple or thepalace, he shall pay thirtyfold. If he be a poorman, he shall render tenfold. If the thief hasnought to pay, he shall be put to death.

§ 9. If a man who has lost something of his,something of his that is lost has been seized inthe hand of a man, the man in whose hand thelost thing has been seized has said, ‘A givergave it me,’ or ‘I bought it before witnesses,’and the owner of the thing that is lost has said,‘Verily, I will bring witnesses that know mylost property,’ the buyer has brought the giverwho gave it him and the witnesses beforewhom he bought p. 4it, and the owner of thelost property has brought the witnesses whoknow his lost property, the judge shall see their

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depositions, the witnesses before whom thepurchase was made and the witnesses knowingthe lost property shall say out before God whatthey know; and if the giver has acted the thiefhe shall be put to death, the owner of the lostproperty shall take his lost property, the buyershall take the money he paid from the house ofthe giver.

§ 10. If the buyer has not brought the giverwho gave it him and the witnesses beforewhom he bought, and the owner of the lostproperty has brought the witnesses knowinghis lost property, the buyer has acted the thief,he shall be put to death; the owner of the lostproperty shall take his lost property.

§ 11. If the owner of the lost property has notbrought witnesses knowing his lost property,he has lied, he has stirred up strife, he shall beput to death.

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§ 12. If the giver has betaken himself to p. 5hisfate, the buyer shall take from the house of thegiver fivefold as the penalty of that case.

§ 13. If that man has not his witnesses near, thejudge shall set him a fixed time, up to sixmonths, and if within six months he has notdriven in his witnesses, that man has lied, hehimself shall bear the blame of that case.

§ 14. If a man has stolen the son of a freeman,he shall be put to death.

§ 15. If a man has caused either a palace slaveor palace maid, or a slave of a poor man or apoor man’s maid, to go out of the gate, he shallbe put to death.

§ 16. If a man has harboured in his house amanservant or a maidservant, fugitive from thepalace, or a poor man, and has not producedthem at the demand of the commandant, theowner of that house shall be put to death.

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§ 17. If a man has captured either a manservantor a maidservant, a fugitive, in the open coun-try and has driven him back to his p. 6master,the owner of the slave shall pay him two shek-els of silver.

§ 18. If that slave will not name his owner heshall drive him to the palace, and one shall en-quire into his past, and cause him to return tohis owner.

§ 19. If he confine that slave in his house, andafterwards the slave has been seized in hishand, that man shall be put to death.

§ 20. If the slave has fled from the hand of hiscaptor, that man shall swear by the name ofGod, to the owner of the slave, and shall gofree.

§ 21. If a man has broken into a house, oneshall kill him before the breach and bury him init (?).

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§ 22. If a man has carried on brigandage, andhas been captured, that man shall be put todeath.

§ 23. If the brigand has not been caught, theman who has been despoiled shall recount be-fore God what he has lost, and the city andgovernor in whose land and district the p.7brigandage took place shall render back tohim whatever of his was lost.

§ 24. If it was a life, the city and governor shallpay one mina of silver to his people.

§ 25. If in a man’s house a fire has been kin-dled, and a man who has come to extinguishthe fire has lifted up his eyes to the property ofthe owner of the house, and has taken theproperty of the owner of the house, that manshall be thrown into that fire.

§ 26. If either a ganger or a constable, whosegoing on an errand of the king has been or-

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dered, goes not, or hires a hireling and sendshim in place of himself, that ganger or consta-ble shall be put to death; his hireling shall taketo himself his house.

§ 27. If a ganger or a constable, who is divertedto the fortresses of the king, and after him onehas given his field and his garden to another,and he has carried on his business, if he returnsand regains his city, one shall return to him hisfield and his garden, and he shall carry on hisbusiness himself.

p. 8§ 28. If a ganger or a constable who is di-verted to the fortresses of the king, his son beable to carry on the business, one shall give himfield and garden and he shall carry on his fa-ther’s business.

§ 29. If his son is young and is not able to carryon his father’s business, one-third of the fieldand garden shall be given to his mother, andhis mother shall rear him.

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§ 30. If a ganger or a constable has left alonehis field, or his garden, or his house, from thebeginning of his business, and has caused it tobe waste, a second after him has taken his field,his garden, or his house, and has gone abouthis business for three years, if he returns andregains his city, and would cultivate his field,his garden, and his house, one shall not givethem to him; he who has taken them and car-ried on his business shall carry it on.

§ 31. If it is one year only and he had let it gowaste, and he shall return, one shall give hisfield, his garden, and his house, and he shallcarry on his business.

p. 9§ 32. If a ganger or a constable who is di-verted on an errand of the king’s, a merchanthas ransomed him and caused him to regain hiscity, if in his house there is means for his ran-som, he shall ransom his own self; if in his hou-se there is no means for his ransom, he shall beransomed from the temple of his city; if in the

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temple of his city there is not means for his ran-som, the palace shall ransom him. His field, hisgarden, and his house shall not be given for hisransom.

§ 33. If either a governor or a magistrate hastaken to himself the men of the levy, or hasaccepted and sent on the king’s errand a hiredsubstitute, that governor or magistrate shall beput to death.

§ 34. If either a governor or a magistrate hastaken to himself the property of a ganger, hasplundered a ganger, has given a ganger to hire,has stolen from a ganger in a judgement byhigh-handedness, has taken to himself the giftthe king has given the ganger, that governor ormagistrate shall be put to death.

§ 35. If a man has bought the cattle or p.10sheep which the king has given to the gangerfrom the hand of the ganger, he shall be de-prived of his money.

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§ 36. The field, garden, and house of a ganger,or constable, or a tributary, he shall not give formoney.

§ 37. If a man has bought the field, garden, orhouse of a ganger, a constable, or a tributary,his tablet shall be broken and he shall be de-prived of his money. The field, garden, orhouse he shall return to its owner.

§ 38. The ganger, constable, or tributary shallnot write off to his wife, or his daughter, fromthe field, garden, or house of his business, andhe shall not assign it for his debt.

§ 39. From the field, garden, and house whichhe has bought and acquired, he may write offto his wife or his daughter and give for hisdebt.

§ 40. A votary, merchant, or foreign sojournermay sell his field, his garden, or his house; the

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buyer shall carry on the business of the field,garden, or house which he has bought.

p. 11§ 41. If a man has bartered for the field,garden, or house of a ganger, constable, or tri-butary, and has given exchanges, the ganger,constable, or tributary shall return to his field,garden, or house, and shall keep the exchangesgiven him.

§ 42. If a man has taken a field to cultivate andhas not caused the corn to grow in the field,and has not done the entrusted work on thefield, one shall put him to account and he shallgive corn like its neighbour.

§ 43. If he has not cultivated the field and hasleft it to itself, he shall give corn like its neigh-bour to the owner of the field, and the field heleft he shall break up with hoes and shall har-row it and return to the owner of the field.

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§ 44. If a man has taken on hire an unreclaimedfield for three years to open out, and has left itaside, has not opened the field, in the fourthyear he shall break it up with hoes, he shall hoeit, and harrow it, and return to the owner of thefield, and he shall measure out ten gur of cornper gan.

p. 12§ 45. If a man has given his field for pro-duce to a cultivator, and has received the pro-duce of his field, and afterwards a thunder-storm has ravaged the field or carried away theproduce, the loss is the cultivator’s.

§ 46. If he has not received the produce of hisfield, and has given the field either for one-halfor for one-third, the corn that is in the field thecultivator and the owner of the field shall shareaccording to the tenour of their contract.

§ 47. If the cultivator, because in the formeryear he did not set up his dwelling, has as-signed the field to cultivation, the owner of the

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field shall not condemn the cultivator; his fieldhas been cultivated, and at harvest time heshall take corn according to his bonds.

§ 48. If a man has a debt upon him and a thun-derstorm ravaged his field or carried away theproduce, or the corn has not grown throughlack of water, in that year he shall not returncorn to the creditor, he shall alter p. 13his tabletand he shall not give interest for that year.

§ 49. If a man has taken money from a mer-chant and has given to the merchant a fieldplanted with corn or sesame, and said to him,‘Cultivate the field, reap and take for thyselfthe corn and sesame which there is,’ if the cul-tivator causes to grow corn or sesame in thefield, at the time of harvest the owner of thefield forsooth shall take the corn or sesamewhich is in the field and shall give corn for themoney which he took from the merchant, andfor its interests and for the dwelling of the cul-tivator, to the merchant.

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§ 50. If the field was cultivated or the field ofsesame was cultivated when he gave it, theowner of the field shall take the corn or sesamewhich is in the field and shall return the moneyand its interests to the merchant.

§ 51. If he has not money to return, the sesame,according to its market price for the money andits interest which he took from the merchant,according to the standard p. 14fixed by theking, he shall give to the merchant.

§ 52. If the cultivator has not caused corn orsesame to grow in the field, he shall not alterhis bonds.

§ 53. If a man has neglected to strengthen hisbank of the canal, has not strengthened hisbank, a breach has opened out itself in his bank,and the waters have carried away the meadow,the man in whose bank the breach has beenopened shall render back the corn which he hascaused to be lost.

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§ 54. If he is not able to render back the corn,one shall give him and his goods for money,and the people of the meadow whose corn thewater has carried away shall share it.

§ 55. If a man has opened his runnel to waterand has neglected it, and the field of his neigh-bour the waters have carried away, he shall paycorn like his neighbour.

§ 56. If a man has opened the waters, and theplants of the field of his neighbour the watershave carried away, he shall pay ten gur of cornper gan.

p. 15§ 57. If a shepherd has caused the sheep tofeed on the green corn, has not come to anagreement with the owner of the field, withoutthe consent of the owner of the field has madethe sheep feed off the field, the owner shallreap his fields, the shepherd who without con-sent of the owner of the field has fed off thefield with sheep shall give over and above

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twenty gur of corn per gan to the owner of thefield.

§ 58. If from the time that the sheep have goneup from the meadow, and the whole flock haspassed through the gate, the shepherd has laidhis sheep on the field and has caused the sheepto feed off the field, the shepherd who hasmade them feed off the field one shall watch,and at harvest time he shall measure out sixtygur of corn per gan to the owner of the field.

§ 59. If a man without the consent of the ownerof the orchard has cut down a tree in a man’sorchard, he shall pay half a mina of silver.

§ 60. If a man has given a field to a gardener p.16to plant a garden and the gardener hasplanted the garden, four years he shall rear thegarden, in the fifth year the owner of the gar-den and the gardener shall share equally, theowner of the garden shall cut off his share andtake it.

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§ 61. If the gardener has not included all thefield in the planting, has left a waste place, heshall set the waste place in the share which hetakes.

§ 62. If the field which has been given him toplant he has not planted as a garden, if it wascorn land, the gardener shall measure out cornto the owner of the field, like its neighbour, asproduce of the field for the years that are ne-glected, and he shall do the ordered work onthe field and return to the owner of the field.

§ 63. If the field was unreclaimed land, he shalldo the ordered work on the field and return itto the owner of the field and measure out tengur of corn per gan for each year.

§ 64. If a man has given his garden to a p.17gardener to farm, the gardener as long as heholds the garden shall give to the owner of thegarden two-thirds from the produce of the gar-den, and he himself shall take one-third.

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§ 65. If the gardener does not farm the gardenand has diminished the yield, he shall measureout the yield of the garden like its neighbour.

note.—Here five columns of the monumenthave been erased, only the commencing charac-ters of column xvii. being visible. The subjectsof this last part included the further enactmentsconcerning the rights and duties of gardeners,the whole of the regulations concerning houseslet to tenants, and the relationships of the mer-chant to his agents, which continue on the ob-verse of the monument. [See page 58.] Scheilestimates the lost portion at 35 sections, andfollowing him we recommence with

§ 100. . . . the interests of the money, as much ashe took, he shall write down, and when he hasnumbered his days he shall answer his mer-chant.

p. 18§ 101. If where he has gone he has notseen prosperity, he shall make up and return

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the money he took, and the agent shall give tothe merchant.

§ 102. If a merchant has given to the agent mo-ney as a favour, and where he has gone he hasseen loss, the full amount of money he shallreturn to the merchant.

§ 103. If while he goes on his journey the en-emy has made him quit whatever he was carry-ing, the agent shall swear by the name of Godand shall go free.

§ 104. If the merchant has given to the agentcorn, wool, oil, or any sort of goods, to trafficwith, the agent shall write down the price andhand over to the merchant; the agent shall takea sealed memorandum of the price which heshall give to the merchant.

§ 105. If an agent has forgotten and has nottaken a sealed memorandum of the money he

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has given to the merchant, money that is notsealed for, he shall not put in his accounts.

§ 106. If an agent has taken money from a p.19merchant and his merchant has disputedwith him, that merchant shall put the agent toaccount before God and witnesses concerningthe money taken, and the agent shall give to themerchant the money as much as he has takenthreefold.

§ 107. If a merchant has wronged an agent andthe agent has returned to his merchant what-ever the merchant gave him, the merchant hasdisputed with the agent as to what the agentgave him, that agent shall put the merchant toaccount before God and witnesses, and themerchant because he disputed the agent shallgive to the agent whatever he has taken sixfold.

§ 108. If a wine merchant has not received cornas the price of drink, has received silver by thegreat stone, and has made the price of drink

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less than the price of corn, that wine merchantone shall put her to account and throw her intothe water.

§ 109. If a wine merchant has collected a riot-ous assembly in her house and has not seizedthose rioters and driven them to the p.20palace, that wine merchant shall be put todeath.

§ 110. If a votary, a lady, who is not living inthe convent, has opened a wine shop or hasentered a wine shop for drink, that woman oneshall burn her.

§ 111. If a wine merchant has given sixty ka ofbest beer at harvest time for thirst, she shalltake fifty ka of corn.

§ 112. If a man stays away on a journey andhas given silver, gold, precious stones, or treas-ures of his hand to a man, has caused him totake them for transport, and that man whatever

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was for transport, where he has transported hasnot given and has taken to himself, the ownerof the transported object, that man, concerningwhatever he had to transport and gave not,shall put him to account, and that man shallgive to the owner of the transported object five-fold whatever was given him.

§ 113. If a man has corn or money upon a man,and without consent of the owner of the cornhas taken corn from the heap or from p. 21thestore, that man for taking of the corn withoutconsent of the owner of the corn from the heapor from the store, one shall put him to account,and he shall return the corn as much as he hastaken, and shall lose all that he gave whateverit be.

§ 114. If a man has not corn or money upon aman and levies a distraint, for every single dis-traint he shall pay one-third of a mina.

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§ 115. If a man has corn or money upon a manand has levied a distraint, and the distress inthe house of his distrainer dies a natural death,that case has no penalty.

§ 116. If the distress has died in the house ofhis distrainer, of blows or of want, the owner ofthe distress shall put his merchant to account,and if he be the son of a freeman (that hasdied), his son one shall kill; if the slave of afree-man, he shall pay one-third of a mina ofsilver, and he shall lose all that he gave what-ever it be.

§ 117. If a man a debt has seized him, and hehas given his wife, his son, his daughter for themoney, or has handed over to work off p. 22thedebt, for three years they shall work in the hou-se of their buyer or exploiter, in the fourth yearhe shall fix their liberty.

§ 118. If he has handed over a manservant or amaidservant to work off a debt, and the mer-

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chant shall remove and sell them for money, noone can object.

§ 119. If a debt has seized a man, and he hashanded over for the money a maidservant whohas borne him children, the money the mer-chant paid him the owner of the maid shallpay, and he shall ransom his maid.

§ 120. If a man has heaped up his corn in aheap in the house of a man, and in the granarya disaster has taken place, or the owner of thehouse has opened the granary and taken thecorn, or has disputed as to the total amount ofthe corn that was heaped up in his house, theowner of the corn shall recount his corn beforeGod, the owner of the house shall make up andreturn the corn which he took and shall give tothe owner of the corn.

p. 23§ 121. If a man has heaped up corn in thehouse of a man, he shall give as the price ofstorage five ka of corn per gur of corn per annum.

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§ 122. If a man shall give silver, gold, or any-thing whatever, to a man on deposit, all what-ever he shall give he shall shew to witnessesand fix bonds and shall give on deposit.

§ 123. If without witness and bonds he hasgiven on deposit, and where he has depositedthey keep disputing him, this case has no rem-edy.

§ 124. If a man has given silver, gold, or any-thing whatever to a man on deposit before wit-nesses and he has disputed with him, one shallput that man to account, and whatever he hasdisputed he shall make up and shall give.

§ 125. If a man has given anything of his ondeposit, and where he gave it, either by house-breaking or by rebellion, something of his hasbeen lost, along with something of the owner ofthe house, the owner of the p. 24house who hasdefaulted all that was given him on deposit andhas been lost, he shall make good and render to

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the owner of the goods, the owner of the houseshall seek out whatever of his is lost and take itfrom the thief.

§ 126. If a man has lost nothing of his, but hassaid that something of his is lost, has exagger-ated his loss, since nothing of his is lost, his losshe shall recount before God, and whatever hehas claimed he shall make up and shall give tohis loss.

§ 127. If a man has caused the finger to bepointed against a votary, or a man’s wife, andhas not justified himself, that man they shallthrow down before the judge and brand hisforehead.

§ 128. If a man has married a wife and has notlaid down her bonds, that woman is no wife.

§ 129. If the wife of a man has been caught inlying with another male, one shall bind themand throw them into the waters. If the owner

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of the wife would save his p. 25wife or the kingwould save his servant (he may).

§ 130. If a man has forced the wife of a manwho has not known the male and is dwelling inthe house of her father, and has lain in her bo-som and one has caught him, that man shall bekilled, the woman herself shall go free.

§ 131. If the wife of a man her husband hasaccused her, and she has not been caught inlying with another male, she shall swear byGod and shall return to her house.

§ 132. If a wife of a man on account of anothermale has had the finger pointed at her, and hasnot been caught in lying with another male, forher husband she shall plunge into the holy ri-ver.

§ 133. If a man has been taken captive and inhis house there is maintenance, his wife hasgone out from her house and entered into the

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house of another, because that woman has notguarded her body, and has entered into thehouse of another, one shall p. 26put that wo-man to account and throw her into the waters.

§ 134. If a man has been taken captive and inhis house there is no maintenance, and his wifehas entered into the house of another, that wo-man has no blame.

§ 135. If a man has been taken captive and inhis house there is no maintenance before her,his wife has entered into the house of anotherand has borne children, afterwards her hus-band has returned and regained his city, thatwoman shall return to her bridegroom, thechildren shall go after their father.

§ 136. If a man has left his city and fled, afterhim 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 ofthe truant shall not return to her husband.

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§ 137. If a man has set his face to put away hisconcubine who has borne him children or hiswife who has granted him children, to thatwoman he shall return her her marriage por-tion and shall give her the usufruct of field, p.27garden, and goods, and she shall bring upher children. From the time that her childrenare grown up, from whatever is given to herchildren they shall give her a share like that ofone son, and she shall marry the husband ofher choice.

§ 138. If a man has put away his bride who hasnot borne him children, he shall give her mo-ney as much as her dowry, and shall pay herthe marriage portion which she brought fromher father’s house, and shall put her away.

§ 139. If there was no dowry, he shall give herone mina of silver for a divorce.

§ 140. If he is a poor man, he shall give her one-third of a mina of silver.

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§ 141. If the wife of a man who is living in thehouse of her husband has set her face to go outand has acted the fool, has wasted her house,has belittled her husband, one shall put her toaccount, and if her husband has said, ‘I put heraway,’ he shall put her away and she shall goher way, he shall not give her anything for herdivorce. If her husband has p. 28not said ‘I puther away,’ her husband shall marry anotherwoman, that woman as a maidservant shalldwell in the house of her husband.

§ 142. If a woman hates her husband and hassaid ‘Thou shalt not possess me,’ one shall en-quire into her past what is her lack, and if shehas been economical and has no vice, and herhusband has gone out and greatly belittled her,that woman has no blame, she shall take hermarriage portion and go off to her father’s hou-se.

§ 143. If she has not been economical, a goerabout, has wasted her house, has belittled her

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husband, that woman one shall throw her intothe waters.

§ 144. If a man has espoused a votary, and thatvotary has given a maid to her husband andhas brought up children, that man has set hisface to take a concubine, one shall not counte-nance that man, he shall not take a concubine.

§ 145. If a man has espoused a votary, and shehas not granted him children and he has p.29set his face to take a concubine, that manshall take a concubine, he shall cause her toenter into his house. That concubine he shallnot put on an equality with the wife.

§ 146. If a man has espoused a votary, and shehas given a maid to her husband and she hasborne children, afterwards that maid has madeherself equal with her mistress, because she hasborne children her mistress shall not sell her formoney, she shall put a mark upon her andcount her among the maidservants.

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§ 147. If she has not borne children her mis-tress may sell her for money.

§ 148. If a man has married a wife and a sick-ness has seized her, he has set his face to marrya second wife, he may marry her, his wifewhom the sickness has seized he shall not puther away, in the home she shall dwell, and aslong as she lives he shall sustain her.

§ 149. If that woman is not content to dwell inthe house of her husband, he shall pay her hermarriage portion which she brought from herfather’s house, and she shall go off.

p. 30§ 150. If a man to his wife has set asidefield, garden, house, or goods, has left her asealed deed, after her husband her childrenshall not dispute her, the mother after her toher children whom she loves shall give, tobrothers she shall not give.

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§ 151. If a woman, who is dwelling in the hou-se of a man, her husband has bound himselfthat she shall not be seized on account of a cre-ditor of her husband’s, has granted a deed, ifthat man before he married that woman had adebt upon him, the creditor shall not seize hiswife, and if that woman before she entered theman’s house had a debt upon her, her creditorshall not seize her husband.

§ 152. If from the time that that woman enteredinto the house of the man a debt has come uponthem, both together they shall answer the mer-chant.

§ 153. If a man’s wife on account of anothermale has caused her husband to be killed, thatwoman upon a stake one shall set her.

p. 31§ 154. If a man has known his daughter,that man one shall expel from the city.

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§ 155. If a man has betrothed a bride to his sonand his son has known her, and he afterwardshas lain in her bosom and one has caught him,that man one shall bind and cast her into thewaters.

§ 156. If a man has betrothed a bride to his sonand his son has not known her, and he has lainin her bosom, he shall pay her half a mina ofsilver and shall pay to her whatever shebrought from her father’s house, and she shallmarry the husband of her choice.

§ 157. If a man, after his father, has lain in thebosom of his mother, one shall burn them bothof them together.

§ 158. If a man, after his father, has beencaught in the bosom of her that brought himup, who has borne children, that man shall becut off from his father’s house.

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§ 159. If a man who has brought in a present tothe house of his father-in-law, has given a dow-ry, has looked upon another woman, and hassaid to his father-in-law, ‘Thy daughter I p.32will not marry,’ the father of the daughtershall take to himself all that he brought him.

§ 160. If a man has brought in a present to thehouse of his father-in-law, has given a dowry,and the father of the daughter has said, ‘Mydaughter I will not give thee,’ he shall make upand return everything that he brought him.

§ 161. If a man has brought in a present to thehouse of his father-in-law, has given a dowry,and a comrade of his has slandered him, hisfather-in-law has said to the claimant of thewife, ‘My daughter thou shalt not espouse,’ heshall make up and return all that he broughthim, and his comrade shall not marry his wife.

§ 162. If a man has married a wife and she hasborne him children, and that woman has gone

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to her fate, her father shall have no claim on hermarriage portion, her marriage portion is herchildren’s forsooth.

§ 163. If a man has married a wife, and she hasnot granted him children, that woman has goneto her fate, if his father-in-law has returned p.33him the dowry that that man brought to thehouse of his father-in-law, her husband shallhave no claim on the marriage portion of thatwoman, her marriage portion belongs to thehouse of her father forsooth.

§ 164. If his father-in-law has not returned himthe dowry, he shall deduct all her dowry fromhis marriage portion and shall return her mar-riage portion to the house of her father.

§ 165. If a man has apportioned to his son, thefirst in his eyes, field, garden, and house, haswritten him a sealed deed, after the father hasgone to his fate, when the brothers divide, thepresent his father gave him he shall take, and

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over and above he shall share equally in thegoods of the father’s house.

§ 166. If a man, in addition to the childrenwhich he has possessed, has taken a wife, forhis young son has not taken a wife, after thefather has gone to his fate, when the brothersdivide, from the goods of the father’s house totheir young brother who has not taken a wife,beside his share, they shall assign him p.34money as a dowry and shall cause him totake a wife.

§ 167. If a man has taken a wife, and she hasborne him sons, that woman has gone to herfate, after her, he has taken to himself anotherwoman and she has borne children, afterwardsthe father has gone to his fate, the children shallnot share according to their mothers, they shalltake the marriage portions of their mothers andshall share the goods of their father’s houseequally.

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§ 168. If a man has set his face to cut off hisson, has said to the judge ‘I will cut off my son,’the judge shall enquire into his reasons, and ifthe son has not committed a heavy crime whichcuts off from sonship, the father shall not cutoff his son from sonship.

§ 169. If he has committed against his father aheavy crime which cuts off from sonship, forthe first time the judge shall bring back his face;if he has committed a heavy crime for the sec-ond time, the father shall cut off his son fromsonship.

§ 170. If a man his wife has borne him p.35sons, and his maidservant has borne himsons, the father in his lifetime has said to thesons which the maidservant has borne him ‘mysons,’ has numbered them with the sons of hiswife, after the father has gone to his fate, thesons of the wife and the sons of the maidser-vant shall share equally in the goods of the fa-

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ther’s house; the sons that are sons of the wifeat the sharing shall choose and take.

§ 171. And if the father in his lifetime, to thesons which the maidservant bore him, has notsaid ‘my sons,’ after the father has gone to hisfate the sons of the maid shall not share withthe sons of the wife in the goods of the father’shouse, one shall assign the maidservant andher sons freedom; the sons of the wife shallhave no claim on the sons of the maidservantfor servitude, the wife shall take her marriageportion and the settlement which her husbandgave her and wrote in a deed for her and shalldwell in the dwelling of her husband, as longas lives she shall enjoy, for money she shall notgive, after her they are her sons’ forsooth.

p. 36§ 172. If her husband did not give her asettlement, one shall pay her her marriage por-tion, and from the goods of her husband’s hou-se she shall take a share like one son. If hersons worry her to leave the house, the judge

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shall enquire into her reasons and shall lay theblame on the sons, that woman shall not go outof her husband’s house. If that woman has sether face to leave, the settlement which her hus-band gave her she shall leave to her sons, themarriage portion from her father’s house sheshall take and she shall marry the husband ofher choice.

§ 173. If that woman where she has enteredshall have borne children to her later husbandafter that woman has died, the former and latersons shall share her marriage portion.

§ 174. If she has not borne children to her laterhusband, the sons of her bridegroom shall takeher marriage portion.

§ 175. If either the slave of the palace or theslave of the poor man has taken to wife thedaughter of a gentleman, and she has bornesons, the owner of the slave shall have no p.

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37claim on the sons of the daughter of a gen-tleman for servitude.

§ 176. And if a slave of the palace or the slaveof a poor man has taken to wife the daughter ofa gentleman and, when he married her, with amarriage portion from her father’s house sheentered into the house of the slave of the pal-ace, or of the slave of the poor man, and fromthe time that they started to keep house andacquired property, after either the servant ofthe palace or the servant of the poor man hasgone to his fate, the daughter of the gentlemanshall take her marriage portion, and whateverher husband and she from the time they startedhave acquired one shall divide in two parts andthe owner of the slave shall take one-half, thedaughter of a gentleman shall take one-half forher children. If the gentleman’s daughter hadno marriage portion, whatever her husbandand she from the time they started have ac-quired one shall divide into two parts, and the

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owner of the slave shall take half, the gentle-man’s daughter shall take half for her sons.

p. 38§ 177. If a widow whose children areyoung has set her face to enter into the house ofanother, without consent of a judge she shallnot enter. When she enters into the house ofanother the judge shall enquire into what is leftof her former husband’s house, and the houseof her former husband to her later husband,and that woman he shall entrust and causethem to receive a deed. They shall keep thehouse and rear the little ones. Not a utensilshall they give for money. The buyer that hasbought a utensil of a widow’s sons shall losehis money and shall return the property to itsowners.

§ 178. If a lady, votary, or a vowed womanwhose father has granted her a marriage por-tion, has written her a deed, in the deed he haswritten her has not, however, written her ‘afterher wherever is good to her to give,’ has not

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permitted her all her choice, after the father hasgone to his fate, her brothers shall take her fieldand her garden, and according to the value ofher share shall give her corn, oil, and wool, andshall content p. 39her heart. If her brothershave not given her corn, oil, and wool accord-ing to the value of her share, and have not con-tented her heart, she shall give her field or hergarden to a cultivator, whoever pleases her,and her cultivator shall sustain her. The field,garden, or whatever her father has given hershe shall enjoy as long as she lives, she shall notgive it for money, she shall not answer to an-other, her sonship is her brothers’ forsooth.

§ 179. If a lady, a votary, or a woman vowed,whose father has granted her a marriage por-tion, has written her a deed, in the deed hewrote her has written her ‘after her wherever isgood to her to give,’ has allowed to her all herchoice, after the father has gone to his fate, after

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her wherever is good to her she shall give, herbrothers have no claim on her.

§ 180. If a father to his daughter a votary, bri-de, or vowed woman has not granted a mar-riage portion, after the father has gone to hisfate, she shall share in the goods of the father’shouse a share like one son, as p. 40long as shelives she shall enjoy, after her it is her brothers’forsooth.

§ 181. If a father has vowed to God a votary,hierodule, or nu-bar, and has not granted her amarriage portion, after the father has gone tohis fate she shall share in the goods of the fa-ther’s house one-third of her sonship share andshall enjoy it as long as she lives, after her it isher brothers’ forsooth.

§ 182. If a father, to his daughter, a votary ofMarduk, of Babylon, has not granted her a mar-riage portion, has not written her a deed, afterthe father has gone to his fate, she shall share

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with her brothers in the goods of the father’shouse, one-third of her sonship share, and shallpay no tax; a votary of Marduk, after her, shallgive wherever it is good to her.

§ 183. If a father to his daughter, a concubine,has granted her a marriage portion, has givenher to a husband, has written her a deed, afterthe father has gone to his fate, she shall notshare in the goods of the father’s house.

§ 184. If a man to his daughter, a concubine, p.41has not granted a marriage portion, has notgiven her to a husband, after the father has go-ne to his fate, her brothers according to the ca-pacity of the father’s house, shall grant her amarriage portion and shall give her to a hus-band.

§ 185. If a man has taken a young child ‘fromhis waters’ to sonship, and has reared him up,no one has any claim against that nursling.

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§ 186. If a man has taken a young child to son-ship, and when he took him his father andmother rebelled, that nursling shall return tohis father’s house.

§ 187. The son of a ner-se-ga, a palace warder,or the son of a vowed woman no one has anyclaim upon.

§ 188. If an artisan has taken a son to bring up,and has caused him to learn his handicraft, noone has any claim.

§ 189. If he has not caused him to learn hishandicraft, that nursling shall return to his fa-ther’s house.

§ 190. If a man the child whom he took to p.42his sonship and has brought him up, has notnumbered him with his sons, that nurslingshall return to his father’s house.

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

§ 192. If a son of a palace warder, or of a vo-wed 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 mot-her,’ one shall cut out his tongue.

§ 193. If a son of a palace warder, or of a vo-wed woman, has known his father’s house, andhas hated the father that brought him up or themother that brought him up, and has gone offto the house of his father, one shall tear out hiseye.

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§ 194. If a man has given his son to a wet p.43nurse, that son has died in the hand of thewet nurse, the wet nurse without consent of hisfather and his mother has procured anotherchild, one shall put her to account, and because,without consent of his father and his mother,she has procured another child, one shall cutoff her breasts.

§ 195. If a man has struck his father, his handsone shall cut off.

§ 196. If a man has caused the loss of a gentle-man’s eye, his eye one shall cause to be lost.

§ 197. If he has shattered a gentleman’s limb,one shall shatter his limb.

§ 198. If he has caused a poor man to lose hiseye or shattered a poor man’s limb, he shall payone mina of silver.

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§ 199. If he has caused the loss of the eye of agentleman’s servant or has shattered the limbof a gentleman’s servant, he shall pay half hisprice.

§ 200. If a man has made the tooth of a manthat is his equal to fall out, one shall make histooth fall out.

p. 44§ 201. If he has made the tooth of a poorman to fall out, he shall pay one-third of a minaof silver.

§ 202. If a man has struck the strength of a manwho is great above him, he shall be struck inthe assembly with sixty strokes of a cow-hidewhip.

§ 203. If a man of gentle birth has struck thestrength of a man of gentle birth who is likehimself, he shall pay one mina of silver.

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

§ 205. If a gentleman’s servant has struck thestrength of a free-man, one shall cut off his ear.

§ 206. If a man has struck a man in a quarrel,and has caused him a wound, that man shallswear ‘I do not strike him knowing’ and shallanswer for the doctor.

§ 207. If he has died of his blows, he shallswear, and if he be of gentle birth he shall payhalf a mina of silver.

p. 45§ 208. If he be the son of a poor man, heshall pay one-third of a mina of silver.

§ 209. If a man has struck a gentleman’sdaughter and caused her to drop what is in herwomb, he shall pay ten shekels of silver forwhat was in her womb.

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§ 210. If that woman has died, one shall put todeath his daughter.

§ 211. If the daughter of a poor man throughhis blows he has caused to drop that which is inher womb, he shall pay five shekels of silver.

§ 212. If that woman has died, he shall pay halfa mina of silver.

§ 213. If he has struck a gentleman’s maidser-vant and caused her to drop that which is inher womb, he shall pay two shekels of silver.

§ 214. If that maidservant has died, he shallpay one-third of a mina of silver.

§ 215. If a doctor has treated a gentleman for asevere wound with a bronze lancet and hascured the man, or has opened an abscess p.46of the eye for a gentleman with the bronzelancet and has cured the eye of the gentleman,he shall take ten shekels of silver.

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§ 216. If he (the patient) be the son of a poorman, he shall take five shekels of silver.

§ 217. If he be a gentleman’s servant, the mas-ter of the servant shall give two shekels of sil-ver to the doctor.

§ 218. If the doctor has treated a gentleman fora severe wound with a lancet of bronze and hascaused the gentleman to die, or has opened anabscess of the eye for a gentleman with thebronze lancet and has caused the loss of thegentleman’s eye, one shall cut off his hands.

§ 219. If a doctor has treated the severe woundof a slave of a poor man with a bronze lancetand has caused his death, he shall render slavefor slave.

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

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p. 47§ 221. If a doctor has cured the shatteredlimb of a gentleman, or has cured the diseasedbowel, the patient shall give five shekels of sil-ver to the doctor.

§ 222. If it is the son of a poor man, he shallgive three shekels of silver.

§ 223. If a gentleman’s servant, the master ofthe slave shall give two shekels of silver to thedoctor.

§ 224. If a cow doctor or a sheep doctor hastreated a cow or a sheep for a severe woundand cured it, the owner of the cow or sheepshall give one-sixth of a shekel of silver to thedoctor as his fee.

§ 225. If he has treated a cow or a sheep for asevere wound and has caused it to die, he shallgive a quarter of its price to the owner of the oxor sheep.

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§ 226. If a brander without consent of the ow-ner of the slave has branded a slave with anindelible mark, one shall cut off the hands ofthat brander.

§ 227. If a man has deceived the brander, p.48and has caused him to brand an indeliblemark on the slave, that man one shall kill himand bury him in his house, the brander shallswear, ‘Not knowing I branded him,’ and shallgo free.

§ 228. If a builder has built a house for a manand has completed it, he shall give him as hisfee two shekels of silver per sar of house.

§ 229. If a builder has built a house for a manand has not made strong his work, and thehouse he built has fallen, and he has caused thedeath of the owner of the house, that buildershall be put to death.

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

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

§ 232. If he has caused the loss of goods, heshall render back whatever he has caused theloss of, and because he did not make strong thehouse he built, and it fell, from p. 49his owngoods he shall rebuild the house that fell.

§ 233. If a builder has built a house for a man,and has not jointed his work, and the wall hasfallen, that builder at his own cost shall makegood that wall.

§ 234. If a boatman has navigated a ship of six-ty gur for a man, he shall give him two shekelsof silver for his fee.

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§ 235. If a boatman has navigated a ship for aman and has not made his work trustworthy,and in that same year that he worked that shipit has suffered an injury, the boatman shall ex-change that ship or shall make it strong at hisown expense and shall give a strong ship to theowner of the ship.

§ 236. If a man has given his ship to a boatman,on hire, and the boatman has been careless, hasgrounded the ship, or has caused it to be lost,the boatman shall render ship for ship to theowner.

§ 237. If a man has hired a boatman and ship,and with corn, wool, oil, dates, or whatever itbe as freight, has freighted her, that p.50boatman has been careless and grounded theship, or has caused what is in her to be lost, theboatman shall render back the ship which hehas grounded and whatever in her he has cau-sed to be lost.

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§ 238. If a boatman has grounded the ship of aman and has refloated her, he shall give moneyto half her price.

§ 239. If a man has hired a boatman, he shallgive him six gur of corn per year.

§ 240. If a ship that is going forward has strucka ship at anchor and has sunk her, the owner ofthe ship that has been sunk whatever he haslost in his ship shall recount before God, andthat of the ship going forward which sunk theship at anchor shall render to him his ship andwhatever of his was lost.

§ 241. If a man has taken an ox on distraint, heshall pay one-third of a mina of silver.

§ 242. If a man has hired a working ox for oneyear, he shall pay four gur of corn as its hire.

p. 51§ 243. If a milch cow, he shall give threegur of corn to its owner.

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§ 244. If a man has hired an ox or sheep and alion has killed it in the open field, that loss isfor its owner forsooth.

§ 245. If a man has hired an ox and throughneglect or by blows has caused it to die, ox forox to the owner of the ox he shall render.

§ 246. If a man has hired an ox and has crushedits foot or has cut its nape, ox for ox to the ow-ner of the ox he shall render.

§ 247. If a man has hired an ox and has causedit to lose its eye, he shall pay half its price to theowner of the ox.

§ 248. If a man has hired an ox, and has crus-hed its horn, cut off its tail, or pierced its nos-trils, he shall pay a quarter of its price.

§ 249. If a man has hired an ox, and God hasstruck it and it has died, the man who has hiredthe ox shall swear before God and shall go free.

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§ 250. If a wild bull in his charge has p.52gored a man and caused him to die, that casehas no remedy.

§ 251. If the ox has pushed a man, by pushinghas made known his vice, and he has not blun-ted his horn, has not shut up his ox, and that oxhas gored a man of gentle birth and caused himto die, he shall pay half a mina of silver.

§ 252. If a gentleman’s servant, he shall payone-third of a mina of silver.

§ 253. If a man has hired a man to reside in hisfield and has furnished him seed, has entrustedhim the oxen and harnessed them for cultivat-ing the field—if that man has stolen the corn orplants, and they have been seized in his hands,one shall cut off his hands.

§ 254. If he has taken the seed, worn out theoxen, from the seed which he has hoed he shallrestore.

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§ 255. If he has hired out the oxen of the manor has stolen the corn and has not caused it togrow in the field, that man one p. 53shall puthim to account and he shall measure out sixtygur of corn per gan of land.

§ 256. If his compensation he is not able to pay,one shall remove the oxen from that field.

§ 257. If a man has hired a harvester, he shallgive him eight gur of corn per year.

§ 258. If a man has hired an ox-driver, he shallgive him six gur of corn per year.

§ 259. If a man has stolen a watering machinefrom the meadow, he shall give five shekels ofsilver to the owner of the watering machine.

§ 260. If he has stolen a watering bucket or aharrow, he shall pay three shekels of silver.

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§ 261. If a man has hired a herdsman for thecows or a shepherd for the sheep, he shall givehim eight gur of corn per annum.

§ 262. If a man, ox, or sheep to [this section isdefaced].

§ 263. If he has caused an ox or sheep whichwas given him to be lost, ox for ox, p. 54sheepfor sheep, he shall render to their owner.

§ 264. If a herdsman who has had cows orsheep given him to shepherd, has received hishire, whatever was agreed, and his heart wascontented, has diminished the cows, dimin-ished the sheep, lessened the offspring, he shallgive offspring and produce according to thetenour of his bonds.

§ 265. If a shepherd to whom cows and sheephave been given him to breed, has falsified andchanged their price, or has sold them, one shallput him to account, and he shall render cows

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and sheep to their owner tenfold what he hasstolen.

§ 266. If in a sheepfold a stroke of God hastaken place or a lion has killed, the shepherdshall purge himself before God, and the acci-dent to the fold the owner of the fold shall faceit.

§ 267. If a shepherd has been careless and in asheepfold caused a loss to take place, the shep-herd shall make good the fault of the losswhich he has caused to be in the fold and p.55shall pay cows or sheep and shall give totheir owner.

§ 268. If a man has hired an ox, for threshing,twenty ka of corn is its hire.

§ 269. If he has hired an ass, for threshing, tenka of corn is its hire.

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§ 270. If he has hired a calf (goat?), for thresh-ing, one ka of corn is its hire.

§ 271. If a man has hired oxen, a wagon, and itsdriver, he shall give one hundred and eighty kaof corn per diem.

§ 272. If a man has hired a wagon by itself, heshall give forty ka of corn per diem.

§ 273. If a man has hired a labourer, from thebeginning of the year till the fifth month, heshall give six še of silver per diem; from the sixthmonth to the end of the year, he shall give fiveše of silver per diem.

§ 274. If a man shall hire an artisan—

(a) the hire of a . . . five še of silver

(b) the hire of a brickmaker five še of silver

(c) the hire of a tailor . five še of silver

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(d) the hire of a stone-cutter . še of silver

p. 56(e) the hire of a . . . še of silver

(f) the hire of a . . . še of silver

(g) the hire of a carpenter four še of silver

(h) the hire of a . . . four še of silver

(i) the hire of a . . . še of silver

(j) the hire of a builder. . . še of silver per diem heshall give.

§ 275. If a man has hired a (boat?) per diem, herhire is three še of silver.

§ 276. If a man has hired a fast ship, he shallgive two and a half še of silver per diem as herhire.

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§ 277. If a man has hired a ship of sixty gur, heshall give one-sixth of a shekel of silver per diemas her hire.

§ 278. If a man has bought a manservant or amaidservant, and he has not fulfilled his monthand the bennu sickness has fallen upon him, heshall return him to the seller, and the buyershall take the money he paid.

§ 279. If a man has bought a manservant or amaidservant and has a complaint, his sellershall answer the complaint.

p. 57§ 280. If a man has bought in a foreignland the manservant or the maidservant of aman, when he has come into the land, and theowner of the manservant or the maidservanthas recognised his manservant or his maidser-vant, if the manservant or maidservant are na-tives without price he shall grant them theirfreedom.

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§ 281. If they are natives of another land thebuyer shall tell out before God the money hepaid, and the owner of the manservant or themaidservant shall give to the merchant the mo-ney he paid, and shall recover his manservantor his maidservant.

§ 282. If a slave has said to his master ‘Thou artnot my master,’ as his slave one shall put himto account and his master shall cut off his ear.

* * * * *

The judgements of righteousness which Ham-murabi the mighty king confirmed and causedthe land to take a sure guidance and a graciousrule.

The following three sections, which are p.58known to belong to the Code from copiesmade for an Assyrian king in the seventh cen-tury b.c., are given here for the sake of com-pleteness. They obviously come within the

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space once occupied by the five erased col-umns.

§ X. If a man has taken money from a merchantand has given a plantation of dates to the mer-chant, has said to him, ‘The dates that are in myplantation take for thy money,’ that merchantshall not agree, the dates that are in the planta-tion the owner of the plantation shall take, andhe shall answer to the merchant for the moneyand its interests according to the tenour of hisbond. The dates that are over, which are in theplantation, the owner of the plantation shalltake forsooth.

§ Y. . . . the man dwelling (in the house) hasgiven to the owner (of the house) the money ofits rent in full for the year, the owner of thehouse has ordered the dweller to go out whenhis days are not full, the owner of the house,because he has ordered the dweller to leavewhen his days are not full, p. 59(shall give) ofthe money which the dweller gave him. . . .

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§ Z. If a man has to pay, in money or corn, buthas not money or corn to pay with, but hasgoods, whatever is in his hands, before wit-nesses, according to what he has brought, heshall give to his merchant. The merchant shallnot object, he shall receive it.