While it appears from the prologue and epilogue of the Code that
Hammurabi was deeply devoted to religion and was, in addition to being
king, a pious, God-fearing man, one who destroyed his enemies North
and South, the Code is strictly devoted to civil and secular affairs.
Nevertheless, scarcely anything is known of the laws of the time
dealing with crimes, nothing having been discovered to show how murder
or theft was treated.[137]
Hammurabi’s Code is undoubtedly a compilation and, while he enacted
fresh laws, he built for the most part on the foundations of other men.
In the Sumerian days that preceded these Semitic kings, of whom
Hammurabi, Sargon I., and Lugalzaggisi were the greatest, there were
codes of laws on which Hammurabi doubtless built. The attitude taken
toward children in this period is indicated in extracts from the
series called _ana ittisu_, the seven tablets of the series giving the
following seven laws:
“I. If a son has said to his father, ‘You are not my father,’ he may
brand him, lay fetters upon him, and sell him.
“II. If a son has said to his mother, ‘You are not my mother,’ one
shall brand his forehead, drive him out of the city, and make him go
out of the house.
“III. If a father has said to his son, ‘You are not my son,’ he shall
leave house and yard.
“IV. If a mother has said to her son, ‘You are not my son,’ he shall
leave house and property.
“V. If a wife hates her husband and has said, ‘You are not my husband,’
one shall throw her into the river.
“VI. If a husband has said to his wife, ‘You are not my wife,’ he shall
pay half a mina of silver.
“VII. If a man has hired a slave and he dies, is lost, has fled, has
been incapacitated, or has fallen sick, he shall measure out 10 _ka_ of
corn _per diem_ as his wages.”[138]
From this it will be observed that if the son repudiates his parent,
real or adoptive, he meets with a swift and heavy punishment. On the
other hand, a father and mother have the power to drive the child
out without any ceremony whatever. That such laws were the result of
the disposition of foundling children is without question. We will
see later that the Roman Empire in its endeavour to save the lives
of children, was continually attempting legislative reforms for the
purpose of giving men and women incentive to protect the helpless
infant that had been deserted by its own parents.
Adoption was an ancient institution, and the rights of the man who
adopted the infant were protected in order that he might be paid for
the trouble and expense of his charge.[139]
The adoption of children in the Code of Hammurabi is the subject of
much minute regulation. In the Code the endeavour to protect the father
who picks up a child, is shown in paragraphs 185, 186, 187 and 188:
“185. If a man take in his name a young child as a son and rear him,
one may not bring claim for that adopted son.
Public-domain text, read in full here on John Shaqi.
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