The Code Hammurabi

By Anonymous

(Fragment)

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

§ 2. If a man has put a spell upon a man, and has not justified himself, he upon whom the spell is laid shall go to the holy river, he shall plunge into the holy river, and if the holy river overcome him, he who wove the spell upon him shall take to himself his house. If the holy river makes that man to be innocent, and has saved him, he who laid the spell upon him shall be put to death. He who plunged into the holy river shall take to himself the house of him who wove the spell upon him.

§ 3. If a man, in a case pending judgement, has uttered threats against the witnesses, or has not justified the word that he has spoken, if that case be a capital suit, that man shall be put to death.

§ 4. If he has offered corn or money to the witnesses, he shall himself bear the sentence of that case.

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

§ 6. If a man has stolen the goods of temple or palace, that man shall be killed, and he who has received the stolen thing from his hand shall be put to death.

§ 7. If a man has bought silver, gold, manservant or maidservant, ox or sheep or ass, or anything whatever its name, from the hand of a man’s son, or of a man’s slave, without witness and bonds, or has received the same on deposit, that man has acted the thief, he shall be put to death.

§ 8. If a man has stolen ox or sheep or ass, or pig, or ship, whether from the temple or the palace, he shall pay thirtyfold. If he be a poor man, he shall render tenfold. If the thief has nought 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 in the hand of a man, the man in whose hand the lost thing has been seized has said, ‘A giver gave 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 my lost property,’ the buyer has brought the giver who gave it him and the witnesses before whom he bought it, and the owner of the lost property has brought the witnesses who know his lost property, the judge shall see their depositions, the witnesses before whom the purchase was made and the witnesses knowing the lost property shall say out before God what they know; and if the giver has acted the thief he shall be put to death, the owner of the lost property shall take his lost property, the buyer shall take the money he paid from the house of the giver.

§ 10. If the buyer has not brought the giver who gave it him and the witnesses before whom he bought, and the owner of the lost property has brought the witnesses knowing his lost property, the buyer has acted the thief, he shall be put to death; the owner of the lost property shall take his lost property.

§ 11. If the owner of the lost property has not brought witnesses knowing his lost property, he has lied, he has stirred up strife, he shall be put to death.

§ 12. If the giver has betaken himself to his fate, the buyer shall take from the house of the giver fivefold as the penalty of that case.

§ 13. If that man has not his witnesses near, the judge shall set him a fixed time, up to six months, and if within six months he has not driven in his witnesses, that man has lied, he himself 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 slave or palace maid, or a slave of a poor man or a poor man’s maid, to go out of the gate, he shall be put to death.

§ 16. If a man has harboured in his house a manservant or a maidservant, fugitive from the palace, or a poor man, and has not produced them at the demand of the commandant, the owner of that house shall be put to death.

§ 17. If a man has captured either a manservant or a maidservant, a fugitive, in the open country and has driven him back to his p. 6master, the owner of the slave shall pay him two shekels of silver.

§ 18. If that slave will not name his owner he shall drive him to the palace, and one shall enquire into his past, and cause him to return to his owner.

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

§ 20. If the slave has fled from the hand of his captor, that man shall swear by the name of God, to the owner of the slave, and shall go free.

§ 21. If a man has broken into a house, one shall kill him before the breach and bury him in it (?).

§ 22. If a man has carried on brigandage, and has been captured, that man shall be put to death.

§ 23. If the brigand has not been caught, the man who has been despoiled shall recount before God what he has lost, and the city and governor in whose land and district the brigandage took place shall render back to him whatever of his was lost.

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

§ 25. If in a man’s house a fire has been kindled, and a man who has come to extinguish the fire has lifted up his eyes to the property of the owner of the house, and has taken the property of the owner of the house, that man shall be thrown into that fire.

§ 26. If either a ganger or a constable, whose going on an errand of the king has been or- dered, goes not, or hires a hireling and sends him in place of himself, that ganger or constable shall be put to death; his hireling shall take to himself his house.

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

§ 28. If a ganger or a constable who is diverted to the fortresses of the king, his son be able to carry on the business, one shall give him field and garden and he shall carry on his father’s business.

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

§ 30. If a ganger or a constable has left alone his field, or his garden, or his house, from the beginning of his business, and has caused it to be waste, a second after him has taken his field, his garden, or his house, and has gone about his business for three years, if he returns and regains his city, and would cultivate his field, his garden, and his house, one shall not give them to him; he who has taken them and carried on his business shall carry it on.