§ 276. If he has hired a fast boat he shall pay two and a half _ŠE_ daily.
§ 277. If a man has hired a ship of sixty _GUR_ he shall pay one-sixth of
a shekel of silver daily for its hire.
(M205) § 278. If a man has bought a male or female slave and the slave has
not fulfilled his month, but the bennu disease has fallen upon him, he
shall return the slave to the seller and the buyer shall take back the
money he paid.
§ 279. If a man has bought a male or female slave and a claim has been
raised, the seller shall answer the claim.
(M206) § 280. If a man, in a foreign land, has bought a male, or female,
slave of another, and if when he has come home the owner of the male or
female slave has recognized his slave, and if the slave be a native of the
land, he shall grant him his liberty without money.
(M207) § 281. If the slave was a native of another country, the buyer
shall declare on oath the amount of money he paid, and the owner of the
slave shall repay the merchant what he paid and keep his slave.
(M208) § 282. If a slave has said to his master, “You are not my master,”
he shall be brought to account as his slave, and his master shall cut off
his ear.
(M209) This is not the place to write a commentary on the Code, but there
are a few necessary cautions. One of the first is that most clauses are
permissive rather than positive. The verb “shall” is not an imperative,
but a future. Doubtless in case of heinous crimes the death-penalty had to
be inflicted. But there was always a trial, and proof was demanded on
oath. In many cases the “shall” is only permissive, as when the Code says
a widow “shall” marry again. There is no proof that the jury decided only
facts and found the prisoner guilty or not, leaving the judge no option
but to inflict the extreme penalty. The judge, on the contrary, seems to
have had much legislative power. When this view is taken, the Code appears
no more severe than those of the Middle Ages, or even of recent times,
when a man was hanged for sheep-stealing. There are many humanitarian
clauses and much protection is given the weak and the helpless. One of the
best proofs of its inherent excellence is that it helped to build up an
empire, which lasted many centuries and was regarded with reverence almost
to the end.
III. Later Babylonian Law
(M210) Very little is yet known regarding later Babylonian law. Dr. F. E.
Peiser published in the _Sitzungsberichte der Königliche Akademie der
Wissenschaften zu Berlin_ (1889, pp. 823 ff.) a very interesting
fragmentarily preserved text (82-7-14, 988, in the British Museum), which
contains either a collection of abstracts of cases which have been
decided, or precedents, or else an extract from some code later than that
of Ḥammurabi. Dr. Peiser thought that the date was the second year of
Ashurbânipal, king of Babylon. This seems rather unlikely, but may, of
course, be true.
Public-domain text, read in full here on John Shaqi.
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