THE CODE OF HAMMURABI

Abstract

The compilation of the Code of Hammurabi was created near the end of his 43-year reign, approximately between 1792 and 1750 BCE. As the sixth ruler of the First Dynasty of Babylon, Hammurabi established an expansive and powerful state, creating a complex and sophisticated governmental and military bureaucracy to manage the empire effectively. He defeated powerful rival kingdoms and extended his political and diplomatic influence throughout the ancient Near East. In the second year of his reign, Hammurabi established justice in the land, a fact attested by his regnal year-name formula: "The year in which Hammurabi established justice in the land."

The Code of Hammurabi is considered the most extensive and well-organized legal compilation from its time. It builds upon earlier legal traditions and undoubtedly influenced subsequent legislation. The collection consists of: a) a Prologue, b) 275 to 300 laws (or stipulations), and c) an Epilogue.

1. A) The Prologue incorporates several key themes:

Divine Will and Hammurabi's Selection: The beginning of the Prologue emphasizes that Hammurabi received his authority from the supreme deities—Anu, Enlil, and Marduk—underscoring the divine nature and legitimacy of his rule.

Declaration of Mission: Hammurabi declares his primary mission: to establish justice, eradicate wickedness, and prevent the strong from oppressing the weak.

Ruler’s Achievements and Merits: The Prologue extensively details Hammurabi's accomplishments in various cities. He portrays himself as a Creator and Builder (restoring and renovating temples such as the Ekur in Nippur and the Esagila in Babylon, among many others); a Shepherd and Protector (caring for the people, ensuring their water, food, and peace); and a Warrior and Conqueror (referred to as a "furious dragon" who subjugated enemies and expanded the empire).

Legacy and Social Responsibility: The Prologue concludes with the declaration that the god Marduk chose Hammurabi to establish the rule of law and justice for the people. By doing so, he presents himself as a righteous and pious ruler devoted to the well-being of his subjects.

The Prologue functions as Hammurabi's political and religious manifesto, glorifying his divine origin, his achievements, and the justice he sought to establish through his laws.

1. B) The Laws (or Stipulations) cover the following thematic categories:

Judicial and Procedural Law: Regulating court proceedings, evidence, false testimony, judge's responsibility, and other legal procedures.

• • False Accusation and Slander: 1, 2, 3, 4, 11, 127.
  • Judicial Decisions and Judge's Responsibility: 5, 12, 13.
  • Presentation of Evidence: 9, 10.

Property Crimes: Laws addressing theft, robbery, and illegal appropriation of property.

• • Theft and Robbery: 6, 7, 8, 21, 22, 23, 24, 25.
  • Illegal Purchase of Property: 10, 101, 102.
  • Compensation for Loss: 23, 24, 25, 236, 237, 238, 245, 246, 247, 248, 252.

Military and Public Service: Stipulations concerning the duties and property rights of royal soldiers (rēdum, bā’irum) and officers (dēkum, lupūtum).

• • Military Obligation and Corvée: 26, 27, 28, 29, 30, 31, 33.
  • Military Captivity and Ransom: 32.
  • Offenses by Officers: 34.
  • Property Transactions: 35, 36, 37, 38, 39, 40, 41.

Agriculture and Land Tenancy: Laws regulating land cultivation, lease agreements, irrigation systems, and crop division.

• • Land Cultivation and Maintenance: 42, 43, 44, 45, 46, 47.
  • Loan and Harvest: 48, 49, 50, 51, 52, 66.
  • Irrigation Canals and Responsibility: 53, 54, 55, 56.
  • Planting and Maintenance of Gardens: 59, 60, 61, 62, 63, 64, 65.
  • Theft of Agricultural Implements: 259, 260.

Family and Property Law: Laws governing marriage, divorce, inheritance, marital property, and women's rights.

• • Marriage and Marital Property: 128, 144, 145, 146, 147, 148, 149, 150, 151, 152, 159, 160, 161.
  • Adultery and Sexual Offenses: 129, 130, 131, 132, 133a, 133b, 134, 135, 136, 153, 154, 155, 156, 157, 158.
  • Divorce: 137, 138, 139, 140, 141, 142, 143.
  • Inheritance: 162, 163, 164, 165, 166, 167, 168, 169, 171, 172, 173, 174, 175, 176a, 176b, 177, 178, 179, 180, 181, 182, 183, 184.
  • Adoption and Upbringing: 185, 186, 187, 188, 189, 190, 191, 192, 193.
  • Nurse's Responsibility: 194.

Physical Injury and Retaliation: Laws concerning bodily harm, punishment, and compensation.

• • Bodily Injury: 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205.
  • Unintentional Offense: 206, 207, 208.
  • Striking a Woman and Causing Miscarriage: 209, 210, 211, 212, 213, 214.

Medical and Professional Services: Covering the responsibilities of physicians, builders, boatmen, and other professionals.

• • Responsibility of Physicians and Veterinarians: 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225.
  • Responsibility of Builders: 228, 229, 230, 231, 232, 233.
  • Responsibility of Boatmen: 234, 235, 236, 237, 238, 240.

Labor Relations and Artisans: Laws regulating the terms of hire, wages, and responsibilities of laborers, shepherds, and various artisans.

• • Hired Laborers and Artisans: 273, 274.
  • Responsibility of Shepherds: 261, 262, 263, 264, 265, 266, 267.
  • Hiring of Agricultural Tools: 268, 269, 270, 271, 272.
  • Hiring of a Boat: 275, 276, 277.

Slaves: Laws concerning the sale of slaves, their identification, and legal status.

• • Sale of Slaves: 278, 279, 280, 281.
  • Slave Identification and Punishment: 226, 227, 282.
  • Kidnapping and Harboring Slaves: 14, 15, 16, 17, 18, 19, 20.

Trade and Finance: Stipulations addressing financial operations, loans, interest, and commerce.

• • Loans and Interest: 103, 104, 105, 106, 107.
  • Relations between Merchants: 100, 103, 104, 105, 106, 107.
  • Pledge and Appropriation of Property: 108, 109, 110, 111, 112, 113.
  • Repayment of Debt: 114, 115, 116, 117, 118, 119.
  • Deposit of Property for Safekeeping: 120, 121, 122, 123, 124, 125, 126.

Animals: Laws concerning the hiring and maintenance of livestock and compensation for damage caused by them.

• • Hiring of Animals: 241, 242/243, 244, 245, 246, 247, 248, 249.
  • Damage Caused by Animals: 250, 251, 252.

1. C) The Epilogue serves several important purposes:

Summary of Achievements and Self-Praise: Hammurabi emphasizes that his rule brought order, peace, and prosperity to the land. He presents himself as the ideal ruler, chosen by the gods and governing with divine wisdom and strength. He places particular focus on protecting the weak—orphans and widows—as the primary evidence of his justice.

Explanation of the Laws’ Purpose: The Epilogue explicitly states that the Code was created for public display. Any wronged individual can approach the stela, read the law, find justice, and calm their heart. This affirms that the laws existed for the benefit of ordinary citizens, not just the rulers.

Admonition to Future Rulers: Hammurabi calls upon future kings to uphold and not alter the laws he established. He promises them blessings and success if they heed his will.

Dreadful Curses: This is the most forceful section of the Epilogue. Hammurabi details terrible curses from various deities (Anu, Enlil, Shamash, Ishtar, and others) that will befall anyone who distorts his laws or desecrates his monument. The curses include the loss of kingship, poverty, famine, illness, chaos, and the complete destruction of the kingdom. This serves to ensure the inviolability of the Code and protect Hammurabi's legacy.

The Epilogue summarizes his achievements, reinforces the divine legitimacy of the laws, and protects them against future alteration.

Keywords: Assyriology, Mesopotamia, Babylon, Laws, Hammurabi.