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Law Code of Hammurabi
Code of Laws - paragraphs 100-199
100. . . . interest for the money, as much as he has received, he shall give
a note therefor, and on the day, when they settle, pay to the merchant.
101. If there are no mercantile arrangements in the place whither he went, he
shall leave the entire amount of money which he received with the broker to give
to the merchant.
102. If a merchant entrust money to an agent (broker) for some investment,
and the broker suffer a loss in the place to which he goes, he shall make good
the capital to the merchant.
103. If, while on the journey, an enemy take away from him anything that he
had, the broker shall swear by God and be free of obligation.
104. If a merchant give an agent corn, wool, oil, or any other goods to
transport, the agent shall give a receipt for the amount, and compensate the
merchant therefor. Then he shall obtain a receipt form the merchant for the
money that he gives the merchant.
105. If the agent is careless, and does not take a receipt for the money
which he gave the merchant, he can not consider the unreceipted money as his
own.
106. If the agent accept money from the merchant, but have a quarrel with the
merchant (denying the receipt), then shall the merchant swear before God and
witnesses that he has given this money to the agent, and the agent shall pay him
three times the sum.
107. If the merchant cheat the agent, in that as the latter has returned to
him all that had been given him, but the merchant denies the receipt of what had
been returned to him, then shall this agent convict the merchant before God and
the judges, and if he still deny receiving what the agent had given him shall
pay six times the sum to the agent.
108. If a tavern-keeper (feminine) does not accept corn according to gross
weight in payment of drink, but takes money, and the price of the drink is less
than that of the corn, she shall be convicted and thrown into the water.
109. If conspirators meet in the house of a tavern-keeper, and these
conspirators are not captured and delivered to the court, the tavern-keeper
shall be put to death.
110. If a "sister of a god" open a tavern, or enter a tavern to drink, then
shall this woman be burned to death.
111. If an inn-keeper furnish sixty ka of usakani-drink to . . . she shall
receive fifty ka of corn at the harvest.
112. If any one be on a journey and entrust silver, gold, precious stones, or
any movable property to another, and wish to recover it from him; if the latter
do not bring all of the property to the appointed place, but appropriate it to
his own use, then shall this man, who did not bring the property to hand it
over, be convicted, and he shall pay fivefold for all that had been entrusted to
him.
113. If any one have consignment of corn or money, and he take from the
granary or box without the knowledge of the owner, then shall he who took corn
without the knowledge of the owner out of the granary or money out of the box be
legally convicted, and repay the corn he has taken. And he shall lose whatever
commission was paid to him, or due him.
114. If a man have no claim on another for corn and money, and try to demand
it by force, he shall pay one-third of a mina of silver in every case.
115. If any one have a claim for corn or money upon another and imprison him;
if the prisoner die in prison a natural death, the case shall go no further.
116. If the prisoner die in prison from blows or maltreatment, the master of
the prisoner shall convict the merchant before the judge. If he was a free-born
man, the son of the merchant shall be put to death; if it was a slave, he shall
pay one-third of a mina of gold, and all that the master of the prisoner gave he
shall forfeit.
117. If any one fail to meet a claim for debt, and sell himself, his wife,
his son, and daughter for money or give them away to forced labor: they shall
work for three years in the house of the man who bought them, or the proprietor,
and in the fourth year they shall be set free.
118. If he give a male or female slave away for forced labor, and the
merchant sublease them, or sell them for money, no objection can be raised.
119. If any one fail to meet a claim for debt, and he sell the maid servant
who has borne him children, for money, the money which the merchant has paid
shall be repaid to him by the owner of the slave and she shall be freed.
120. If any one store corn for safe keeping in another person's house, and
any harm happen to the corn in storage, or if the owner of the house open the
granary and take some of the corn, or if especially he deny that the corn was
stored in his house: then the owner of the corn shall claim his corn before God
(on oath), and the owner of the house shall pay its owner for all of the corn
that he took.
121. If any one store corn in another man's house he shall pay him storage at
the rate of one gur for every five ka of corn per year.
122. If any one give another silver, gold, or anything else to keep, he shall
show everything to some witness, draw up a contract, and then hand it over for
safe keeping.
123. If he turn it over for safe keeping without witness or contract, and if
he to whom it was given deny it, then he has no legitimate claim.
124. If any one deliver silver, gold, or anything else to another for safe
keeping, before a witness, but he deny it, he shall be brought before a judge,
and all that he has denied he shall pay in full.
125. If any one place his property with another for safe keeping, and there,
either through thieves or robbers, his property and the property of the other
man be lost, the owner of the house, through whose neglect the loss took place,
shall compensate the owner for all that was given to him in charge. But the
owner of the house shall try to follow up and recover his property, and take it
away from the thief.
126. If any one who has not lost his goods state that they have been lost,
and make false claims: if he claim his goods and amount of injury before God,
even though he has not lost them, he shall be fully compensated for all his loss
claimed. (I.e., the oath is all that is needed.)
127. If any one "point the finger" (slander) at a sister of a god or the wife
of any one, and can not prove it, this man shall be taken before the judges and
his brow shall be marked. (by cutting the skin, or perhaps hair.)
128. If a man take a woman to wife, but have no intercourse with her, this
woman is no wife to him.
129. If a man's wife be surprised (in flagrante delicto) with another man,
both shall be tied and thrown into the water, but the husband may pardon his
wife and the king his slaves.
130. If a man violate the wife (betrothed or child-wife) of another man, who
has never known a man, and still lives in her father's house, and sleep with her
and be surprised, this man shall be put to death, but the wife is blameless.
131. If a man bring a charge against one's wife, but she is not surprised
with another man, she must take an oath and then may return to her house.
132. If the "finger is pointed" at a man's wife about another man, but she is
not caught sleeping with the other man, she shall jump into the river for her
husband.
133. If a man is taken prisoner in war, and there is a sustenance in his
house, but his wife leave house and court, and go to another house: because this
wife did not keep her court, and went to another house, she shall be judicially
condemned and thrown into the water.
134. If any one be captured in war and there is not sustenance in his house,
if then his wife go to another house this woman shall be held blameless.
135. If a man be taken prisoner in war and there be no sustenance in his
house and his wife go to another house and bear children; and if later her
husband return and come to his home: then this wife shall return to her husband,
but the children follow their father.
136. If any one leave his house, run away, and then his wife go to another
house, if then he return, and wishes to take his wife back: because he fled from
his home and ran away, the wife of this runaway shall not return to her
husband.
137. If a man wish to separate from a woman who has borne him children, or
from his wife who has borne him children: then he shall give that wife her
dowry, and a part of the usufruct of field, garden, and property, so that she
can rear her children. When she has brought up her children, a portion of all
that is given to the children, equal as that of one son, shall be given to her.
She may then marry the man of her heart.
138. If a man wishes to separate from his wife who has borne him no children,
he shall give her the amount of her purchase money and the dowry which she
brought from her father's house, and let her go.
139. If there was no purchase price he shall give her one mina of gold as a
gift of release.
140. If he be a freed man he shall give her one-third of a mina of gold.
141. If a man's wife, who lives in his house, wishes to leave it, plunges
into debt, tries to ruin her house, neglects her husband, and is judicially
convicted: if her husband offer her release, she may go on her way, and he gives
her nothing as a gift of release. If her husband does not wish to release her,
and if he take another wife, she shall remain as servant in her husband's
house.
142. If a woman quarrel with her husband, and say: "You are not congenial to
me," the reasons for her prejudice must be presented. If she is guiltless, and
there is no fault on her part, but he leaves and neglects her, then no guilt
attaches to this woman, she shall take her dowry and go back to her father's
house.
143. If she is not innocent, but leaves her husband, and ruins her house,
neglecting her husband, this woman shall be cast into the water.
144. If a man take a wife and this woman give her husband a maid-servant, and
she bear him children, but this man wishes to take another wife, this shall not
be permitted to him; he shall not take a second wife.
145. If a man take a wife, and she bear him no children, and he intend to
take another wife: if he take this second wife, and bring her into the house,
this second wife shall not be allowed equality with his wife.
146. If a man take a wife and she give this man a maid-servant as wife and
she bear him children, and then this maid assume equality with the wife: because
she has borne him children her master shall not sell her for money, but he may
keep her as a slave, reckoning her among the maid-servants.
147. If she have not borne him children, then her mistress may sell her for
money.
148. If a man take a wife, and she be seized by disease, if he then desire to
take a second wife he shall not put away his wife, who has been attacked by
disease, but he shall keep her in the house which he has built and support her
so long as she lives.
149. If this woman does not wish to remain in her husband's house, then he
shall compensate her for the dowry that she brought with her from her father's
house, and she may go.
150. If a man give his wife a field, garden, and house and a deed therefor,
if then after the death of her husband the sons raise no claim, then the mother
may bequeath all to one of her sons whom she prefers, and need leave nothing to
his brothers.
151. If a woman who lived in a man's house made an agreement with her
husband, that no creditor can arrest her, and has given a document therefor: if
that man, before he married that woman, had a debt, the creditor can not hold
the woman for it. But if the woman, before she entered the man's house, had
contracted a debt, her creditor can not arrest her husband therefor.
152. If after the woman had entered the man's house, both contracted a debt,
both must pay the merchant.
153. If the wife of one man on account of another man has their mates (her
husband and the other man's wife) murdered, both of them shall be impaled.
154. If a man be guilty of incest with his daughter, he shall be driven from
the place (exiled).
155. If a man betroth a girl to his son, and his son have intercourse with
her, but he (the father) afterward defile her, and be surprised, then he shall
be bound and cast into the water (drowned).
156. If a man betroth a girl to his son, but his son has not known her, and
if then he defile her, he shall pay her half a gold mina, and compensate her for
all that she brought out of her father's house. She may marry the man of her
heart.
157. If any one be guilty of incest with his mother after his father, both
shall be burned.
158. If any one be surprised after his father with his chief wife, who has
borne children, he shall be driven out of his father's house.
159. If any one, who has brought chattels into his father-in-law's house, and
has paid the purchase-money, looks for another wife, and says to his
father-in-law: "I do not want your daughter," the girl's father may keep all
that he had brought.
160. If a man bring chattels into the house of his father-in-law, and pay the
"purchase price" (for his wife): if then the father of the girl say: "I will not
give you my daughter," he shall give him back all that he brought with him.
161. If a man bring chattels into his father-in-law's house and pay the
"purchase price," if then his friend slander him, and his father-in-law say to
the young husband: "You shall not marry my daughter," the he shall give back to
him undiminished all that he had brought with him; but his wife shall not be
married to the friend.
162. If a man marry a woman, and she bear sons to him; if then this woman
die, then shall her father have no claim on her dowry; this belongs to her
sons.
163. If a man marry a woman and she bear him no sons; if then this woman die,
if the "purchase price" which he had paid into the house of his father-in-law is
repaid to him, her husband shall have no claim upon the dowry of this woman; it
belongs to her father's house.
164. If his father-in-law do not pay back to him the amount of the "purchase
price" he may subtract the amount of the "Purchase price" from the dowry, and
then pay the remainder to her father's house.
165. If a man give to one of his sons whom he prefers a field, garden, and
house, and a deed therefor: if later the father die, and the brothers divide the
estate, then they shall first give him the present of his father, and he shall
accept it; and the rest of the paternal property shall they divide.
166. If a man take wives for his son, but take no wife for his minor son, and
if then he die: if the sons divide the estate, they shall set aside besides his
portion the money for the "purchase price" for the minor brother who had taken
no wife as yet, and secure a wife for him.
167. If a man marry a wife and she bear him children: if this wife die and he
then take another wife and she bear him children: if then the father die, the
sons must not partition the estate according to the mothers, they shall divide
the dowries of their mothers only in this way; the paternal estate they shall
divide equally with one another.
168. If a man wish to put his son out of his house, and declare before the
judge: "I want to put my son out," then the judge shall examine into his
reasons. If the son be guilty of no great fault, for which he can be rightfully
put out, the father shall not put him out.
169. If he be guilty of a grave fault, which should rightfully deprive him of
the filial relationship, the father shall forgive him the first time; but if he
be guilty of a grave fault a second time the father may deprive his son of all
filial relation.
170. If his wife bear sons to a man, or his maid-servant have borne sons, and
the father while still living says to the children whom his maid-servant has
borne: "My sons," and he count them with the sons of his wife; if then the
father die, then the sons of the wife and of the maid-servant shall divide the
paternal property in common. The son of the wife is to partition and choose.
171. If, however, the father while still living did not say to the sons of
the maid-servant: "My sons," and then the father dies, then the sons of the
maid-servant shall not share with the sons of the wife, but the freedom of the
maid and her sons shall be granted. The sons of the wife shall have no right to
enslave the sons of the maid; the wife shall take her dowry (from her father),
and the gift that her husband gave her and deeded to her (separate from dowry,
or the purchase-money paid her father), and live in the home of her husband: so
long as she lives she shall use it, it shall not be sold for money. Whatever she
leaves shall belong to her children.
172. If her husband made her no gift, she shall be compensated for her gift,
and she shall receive a portion from the estate of her husband, equal to that of
one child. If her sons oppress her, to force her out of the house, the judge
shall examine into the matter, and if the sons are at fault the woman shall not
leave her husband's house. If the woman desire to leave the house, she must
leave to her sons the gift which her husband gave her, but she may take the
dowry of her father's house. Then she may marry the man of her heart.
173. If this woman bear sons to her second husband, in the place to which she
went, and then die, her earlier and later sons shall divide the dowry between
them.
174. If she bear no sons to her second husband, the sons of her first husband
shall have the dowry.
175. If a State slave or the slave of a freed man marry the daughter of a
free man, and children are born, the master of the slave shall have no right to
enslave the children of the free.
176. If, however, a State slave or the slave of a freed man marry a man's
daughter, and after he marries her she bring a dowry from a father's house, if
then they both enjoy it and found a household, and accumulate means, if then the
slave die, then she who was free born may take her dowry, and all that her
husband and she had earned; she shall divide them into two parts, one-half the
master for the slave shall take, and the other half shall the free-born woman
take for her children. If the free-born woman had no gift she shall take all
that her husband and she had earned and divide it into two parts; and the master
of the slave shall take one-half and she shall take the other for her
children.
177. If a widow, whose children are not grown, wishes to enter another house
(remarry), she shall not enter it without the knowledge of the judge. If she
enter another house the judge shall examine the state of the house of her first
husband. Then the house of her first husband shall be entrusted to the second
husband and the woman herself as managers. And a record must be made thereof.
She shall keep the house in order, bring up the children, and not sell the
house-hold utensils. He who buys the utensils of the children of a widow shall
lose his money, and the goods shall return to their owners.
178. If a "devoted woman" or a prostitute to whom her father has given a
dowry and a deed therefor, but if in this deed it is not stated that she may
bequeath it as she pleases, and has not explicitly stated that she has the right
of disposal; if then her father die, then her brothers shall hold her field and
garden, and give her corn, oil, and milk according to her portion, and satisfy
her. If her brothers do not give her corn, oil, and milk according to her share,
then her field and garden shall support her. She shall have the usufruct of
field and garden and all that her father gave her so long as she lives, but she
can not sell or assign it to others. Her position of inheritance belongs to her
brothers.
179. If a "sister of a god," or a prostitute, receive a gift from her father,
and a deed in which it has been explicitly stated that she may dispose of it as
she pleases, and give her complete disposition thereof: if then her father die,
then she may leave her property to whomsoever she pleases. Her brothers can
raise no claim thereto.
180. If a father give a present to his daughter--either marriageable or a
prostitute (unmarriageable)--and then die, then she is to receive a portion as a
child from the paternal estate, and enjoy its usufruct so long as she lives. Her
estate belongs to her brothers.
181. If a father devote a temple-maid or temple-virgin to God and give her no
present: if then the father die, she shall receive the third of a child's
portion from the inheritance of her father's house, and enjoy its usufruct so
long as she lives. Her estate belongs to her brothers.
182. If a father devote his daughter as a wife of Mardi of Babylon (as in
181), and give her no present, nor a deed; if then her father die, then shall
she receive one-third of her portion as a child of her father's house from her
brothers, but Marduk may leave her estate to whomsoever she wishes.
183. If a man give his daughter by a concubine a dowry, and a husband, and a
deed; if then her father die, she shall receive no portion from the paternal
estate.
184. If a man do not give a dowry to his daughter by a concubine, and no
husband; if then her father die, her brother shall give her a dowry according to
her father's wealth and secure a husband for her.
185. If a man adopt a child and to his name as son, and rear him, this grown
son can not be demanded back again.
186. If a man adopt a son, and if after he has taken him he injure his foster
father and mother, then this adopted son shall return to his father's house.
187. The son of a paramour in the palace service, or of a prostitute, can not
be demanded back.
188. If an artizan has undertaken to rear a child and teaches him his craft,
he can not be demanded back.
189. If he has not taught him his craft, this adopted son may return to his
father's house.
190. If a man does not maintain a child that he has adopted as a son and
reared with his other children, then his adopted son may return to his father's
house.
191. If a man, who had adopted a son and reared him, founded a household, and
had children, wish to put this adopted son out, then this son shall not simply
go his way. His adoptive father shall give him of his wealth one-third of a
child's portion, and then he may go. He shall not give him of the field, garden,
and house.
192. If a son of a paramour or a prostitute say to his adoptive father or
mother: "You are not my father, or my mother," his tongue shall be cut off.
193. If the son of a paramour or a prostitute desire his father's house, and
desert his adoptive father and adoptive mother, and goes to his father's house,
then shall his eye be put out.
194. If a man give his child to a nurse and the child die in her hands, but
the nurse unbeknown to the father and mother nurse another child, then they
shall convict her of having nursed another child without the knowledge of the
father and mother and her breasts shall be cut off.
195. If a son strike his father, his hands shall be hewn off.
196. If a man put out the eye of another man, his eye shall be put out. [ An
eye for an eye ]
197. If he break another man's bone, his bone shall be broken.
198. If he put out the eye of a freed man, or break the bone of a freed man,
he shall pay one gold mina.
199. If he put out the eye of a man's slave, or break the bone of a man's
slave, he shall pay one-half of its value.
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