The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
History
The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures
Johns, C. H. W. (Claude Hermann Walter)
Jewish law; Law -- Iraq -- Babylonia
The case of the goring ox is treated by both legislations. Both make no
amends to the victim of the attack made by an animal suddenly become
savage. Here the Hebrew Code orders the death of the ox, a piece of
useless barbaric revenge that has only recently died out amongst us. The
poor beast got no trial and could not plead, but was held responsible.
This may be very human, but it is to the credit of Hammurabi that he is
at least silent on the point. On the other hand, if the ox was known by
his owner to be vicious and death resulted, the Code inflicted stated
fines on the owner according to the estimated value of the life
destroyed. The Book of the Covenant does the same, fixing a ransom for
the death of a slave to be paid to the owner, but death of the ox’s
owner if the man killed be a freeman. And again, the ox is killed. The
difference between the two fines for the death of a slave is noteworthy
as probably marking average value in each case. This illustrates the
reason why other fixed money payments do not correspond. Money values
differed. Otherwise the treatments could scarcely be more closely alike.
In the case of specific and particular bodily injuries both laws exact a
retaliation. The Book of the Covenant is here the more explicit: ‘life
for life, eye for eye, tooth for tooth, burning for burning, wound for
wound, stripe for stripe’ is more detailed at any rate than the Code,
which only enumerated ‘eye for eye, limb for limb, tooth for tooth’. The
difference, such as it is, can hardly be pressed as really giving a
different complexion to the legislation. On the whole, despite its extra
detail, the Hebrew law is less clear, and the arrangement certainly
looks like a hasty compilation. For as it stands these words occur
attached to the case of a woman with child hurt by blows. At any rate
Exodus xxi. 24-5 introduces them with the words ‘and if any mischief
follow’. It may be, as some suggest, that they have slipped in here from
some other context, or be merely an expansion of the ordinary ‘eye for
eye’ to give a fuller formulation of the _lex talionis_. But it is
difficult to see how the loss of a limb, or an eye, or a burning could
be the mischief done by a blow to a pregnant woman. Miscarriage or
death, or both, are the mischiefs likely to happen. The Code of
Hammurabi deals with the case more reasonably. In fact, as it stands,
the Exodus passage, xxi. 18-25, looks very like a loose summary of
Hammurabi (§§ 196-200) without its logical connexion. At any rate, it is
hardly credible that this collection of words was ever put forward at
any time in the world’s history to enunciate a new law for a community
of any type that ever existed. The most intelligible way of regarding
this clause is as an attempt fully to enunciate the law of retaliation,
and that its presence in its present place is due to the desire to
explain some phrase which less effectively quoted that law; but in the
Public-domain text, read in full here on John Shaqi.
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