The Code of Hammurabi

Hammurabi

(Translator: Rev. Claude Hermann Walter Johns)

THE CODE OF HAMMURABI

Witchcraft and the ordeal by water

§ 1. If a man has accused another of laying a nêrtu (death spell?) upon him, but has not proved it, he shall be put to death.

Witchcraft and the ordeal by water

§ 2. If a man has accused another of laying a kišpu (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. He that plunged into the sacred river shall appropriate the house of him that accused him.

False witness in capital suit

§ 3. If a man has borne false witness in a trial, or has not established the statement that he has made, if that case be a capital trial, that man shall be put to death.

False witness in In civil case

§ 4. If he has borne false witness in a civil law case, he shall pay the damages in that suit.

Judgment once given not to be altered

§ 5. If a judge has given a verdict, rendered a decision, granted a written judgment, and afterward has altered his judgment, that judge shall be prosecuted for altering the judgment he gave and shall pay twelvefold the penalty laid down in that judgment. Further, he shall be publicly expelled from his judgment-seat and shall not return nor take his seat with the judges at a trial.

Burglary and acceptance of stolen goods

§ 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.

Dealings with irresponsible persons

§ 7. If a man has bought or received on deposit from a minor or a slave, either silver, gold, male or female slave, ox, ass, or sheep, or anything else, except by consent of elders, or power of attorney, he shall be put to death for theft.

Theft

§ 8. If a patrician has stolen ox, sheep, ass, pig, or ship, whether from a temple, or a house, he shall pay thirtyfold. If he be a plebeian, he shall return tenfold. If the thief cannot pay, he shall be put to death.

Procedure in case of the discovery of lost property

§ 9. If a man has lost property and some of it be detected in the possession of another, and the holder has said, “A man sold it to me, I bought it in the presence of witnesses”; and if the claimant has said, “I can bring witnesses who know it to be property lost by me”; then the alleged buyer on his part shall produce the man who sold it to him and the witnesses before whom he bought it; the claimant shall on his part produce the witnesses who know it to be his lost property. The judge shall examine their pleas. The witnesses to the sale and the witnesses who identify the lost property shall state on oath what they know. Such a seller is the thief and shall be put to death. The owner of the lost property shall recover his lost property. The buyer shall recoup himself from the seller’s estate.

Procedure in case of the discovery of lost property

§ 10. If the alleged buyer on his part has not produced the seller or the witnesses before whom the sale took place, but the owner of the lost property on his part has produced the witnesses who identify it as his, then the [pretended] buyer is the thief; he shall be put to death. The owner of the lost property shall take his lost property.

Procedure in case of the discovery of lost property

§ 11.