Mesopotamia

[Note: This was a comparative historical paper for a history course exploring ancient societies. It forced me to examine ancient literature–even the Bible–as a historical source. ]

If one were to think of the most significant influences in lawmaking one who be hard-pressed to consider two greater and oldest than that the Code of Hammurabi and the Law of Moses. Even today, hanging above the gallery doors of the House Chamber in Washington, D.C., are twenty-three marble relief portraits of all those whose works have influenced the establishment of the principles of American law.

Among them are King Hammurabi and the prophet Moses (“About Relief Portrait” in SNT 36). Hammurabi’s Law ( or “Code”) is available today due to a monument relief and extant manuscript evidence (Roth 336). The Law of Moses has been preserved in the biblical manuscripts used for both the Hebrew and Christian Bibles.

In this paper, I focus on four touching points between the “Code of Hammurabi” (Roth) and the Law of Moses (Exod 19:3–24:8) by examining their similarities and suggesting some differences. These touching points are their sources of authority and their significance, the relationship between Moses and his people with the relationship between Hammurabi and his people, the position(s) of women in both societies as revealed by the laws, and what both sources of the law reveal about their two societies.

While this is not an exhaustive evaluation, it is an attempt to understand from these literary sources insights helpful toward a historical understanding of ancient Mesopotamia and ancient Israel. The most fundamental conclusion from this comparison and contrast may be that despite the similar concerns for establishing order in their respective societies, the differences demonstrate the unique trajectories of each society’s beliefs, expectations, and social concerns.

Sources of Authority

The first touching point is their source(s) of authority and their significance. There are points of comparison between the Code of Hammurabi and the Law of Moses when it comes to their sources of authority; however, there are significant contrasts that highlight the unique trajectory of each set of laws.

On the one hand, the preamble of the Code of Hammurabi and the beginning chapters leading to the specific Laws of Moses share a similar concern with establishing the view that each law has a divine source. Lockard points to a black basalt stone in the temple of Marduk (Babylon’s patron god) which pictures Hammurabi “receiving” kingship from Shamash (sun-god and lawgiver), and this provides the divine authority for the king to enforce his code of 282 laws upon his people (SNT 37). The preamble of the Code of Hammurabi likewise enlists this motif of the kings being “called” by name to bring justice and protection for the weak a reality. The laws of Moses, very similarly, presume the call of Moses for the Hebrews to be a “treasured possession” of the “Lord God” as a “kingdom of priests and a holy nation” (Exod 19:5–6).

The very connection between man and the divine realm supports the shared worldview of theism and the order and accountability that follows from that view. Accordingly, then, such a relationship would make Hammurabi and Moses mediators of such divinely given laws rather than their chief architects.

On the other hand, the divine sources of authority are significantly distinct in their presumption of polytheism and monotheism. The first words in the “Code of Hammurabi” are, “When the exalted Anum king of the Annunaki.” Anum is the “sky god of the old Babylonian pantheon” of which the Annunaki were the “lesser Babylonian gods of heaven who served Enlil.” This demonstrates the full placement of the polytheistic belief system of Hammurabi and the Babylonian world (Roth 335). For example, Roth’s translation reads,

“When the august god Anu, king of the Anunnaku deities” (335).

The preamble affirms that both gods Anum and Enlil gave all power to the god Marduk (son of Ea) and elevated him above the “Igigu deities.” It is this pantheon, as it were, of Babylonian and Mesopotamian gods that form the authoritative source for the call of Hammurabi as mediator of his law. The inclusion of these unifying acts in the heavens would create a significant plea for unity under this law on earth.

Yet, Moses and the laws in the Exodus record are based on a monotheistic view and this is significant since it ties in with their heritage. The Hebrews are believed to be descendants of a man named Abraham who departed from the Mesopotamian city of Ur (Gen. 12–13) and abandoned polytheism and idolatry. The Laws of Moses reaffirm this belief system, for example, in Exodus:

“You shall have no other gods besides me” (20:3 NJPS)

“With Me, therefore, you shall not make any gods of silver, nor shall you make for yourselves any gods of gold” (20:23 NJPS).

The monotheistic tone set at the beginning and throughout connects the Hebrews to their heritage, the sense that the God of Abraham has overthrown the gods of Egypt, and will be their only “LORD God” even in the future in polytheistic lands (Exod 23:23–24 ESV). This law will be their guide and source of unity in such conflicting environments.

Relationship with the Governed

The second touching point is the relationship between Moses and his people with the relationship between Hammurabi and his people. On the one hand, Moses is described as a servant rather than a prince. Moses dialogues with the “LORD God,” and then is said to communicate the conclusion of that dialogue to the people. As briefly noted above, Moses was called by the Lord God; however, the Exodus narrative describes Moses as one who does not always have the trust of the people. Nevertheless, it is the exodus (mass migration) out of Egypt and the procession toward the mountain of the “LORD God” that establishes the relationship for which he is known most, the servant of the “Lord God,” mediator, and law-giver (Exod. 19; 20:19-21). It is through Moses that the Hebrews agree in the community to the Laws of the Lord (Exod. 24:3). Moses does not appear as an architect or prince, but as the mediator chosen by the people and by the Lord God.

On the other hand, Hammurabi’s relationship with his empire is distinct. He comes to the throne, according to Roth, as a descendant of Sumu-abum (c. 1894-1881 B.C.E.) and consequently has an established relationship with the Mesopotamian empire (Roth 335). It is clear from the Code of Hammurabi that the king was involved in the development of the laws:

When the god Marduk commanded me to provide just ways for the people of the land (in order to attain) appropriate behavior, I established truth and justice as the declaration of the land, I enhanced the well-being of the people. (Roth 337)

Lockard describes the significant career of the king as one who stabilized, maintained, and expanded his kingdom. Consequently, Hammurabi’s relationship was far more formal than that of Moses with the Hebrews.

The Status of Women

The third touching point is the position(s) of women in both societies as revealed by the laws. On the one hand, information in the “Code of Hammurabi” demonstrates a considerable need to regulate the treatment and care of women facing a variety of injustices. Lockard holds a similar view (SNT 36). Following Roth’s and Harper’s sectioning of the Laws, sections §131-136 demonstrate considerable regulations on how to treat an accusation of adultery.

§131 If her husband accuses his own wife (of adultery), although she has not been seized lying with another male, she shall swear (to her innocence by) an oath by the god, and return to her house.
§132 If a man’s wife should have a finger pointed against her in accusation involving another male, although she has not been seized lying with another male, she shall submit to the divine River Ordeal for her husband.
§133a If a man should be captured and there are sufficient provisions in his house, his wife […, she will not] enter [another’s house].
§133b If that woman does not keep herself chaste but enters another’s house, they shall charge and convict that woman and cast her into the water.
§134 If a man should be captured and there are not sufficient provisions in his house, his wife may enter another’s house; that woman will not be subject to any penalty.
§135 If a man should be captured and there are not sufficient provisions in his house, before his return his wife enters another’s house and bears children, and afterwards her husband returns and gets back to his city, that woman shall return to her first husband; the children shall inherit from their father.
§136 If a man deserts his city and flees, and after his departure his wife enters another’s house — if that man then should return and seize his wife, because he repudiated his city and fled, the wife of the deserter will not return to her husband. (Roth COS 343)

Apparently, there was such considerable mistreatment that legislation was provided to give the local judges the necessary guidelines to protect mistreated women and children.

Some of the more intriguing laws that deal with the protection of women are in the cases of abandonment and mistreatment (section 138-141).

§138 If a man intends to divorce his first-ranking wife who did not bear him children, he shall give her silver as much as was her bridewealth and restore to her the dowry that she brought from her father’s house, and he shall divorce her. 
§139 If there is no bridewealth, he shall give her 60 shekels of silver as a divorce settlement.
§140 If he is a commoner, he shall give her 20 shekels of silver.
§141 If the wife of a man who is residing in the man’s house should decide to leave, and she appropriates goods, squanders her household possessions, or disparages her husband, they shall charge and convict her; and if her husband should declare his intention to divorce her, then he shall divorce her; neither her travel expenses, nor her divorce settlement, nor anything else shall be given to her. If her husband should declare his intention to not divorce her, then her husband may marry another woman and that (first) woman shall reside in her husband’s house as a slave woman. (Roth COS 343)

It is not that every law was written in the women’s favor because there appears evidence that a woman’s marital conduct can be actionable if abusive to her husband, but they implicitly suggest that these laws were needed in Hammurabi’s empire. Yet, this is only based on literary evidence. Nevertheless, it implies there was a negative treatment of women, so much so that it required legislation.

On the other hand, in Exodus 21:1–23:33 there are several sections addressing varying roles women were found in. Apparently, some fathers sold their daughters as slaves (21:7) but her potential manumission was legislated, as was legitimate marriage to the family’s son (21:7–11).

⁷“When a man sells his daughter as a slave, she shall not go out as the male slaves do. 

⁸If she does not please her master, who has designated her for himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has broken faith with her. ⁹If he designates her for his son, he shall deal with her as with a daughter. ¹⁰If he takes another wife to himself, he shall not diminish her food, her clothing, or her marital rights. ¹¹And if he does not do these three things for her, she shall go out for nothing, without payment of money. (ESV)

There were also retributive laws of justice if a pregnant woman was hurt or killed (21:22–32).

²²“When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine. ²³But if there is harm, then you shall pay life for life, ²⁴eye for eye, tooth for tooth, hand for hand, foot for foot, ²⁵burn for burn, wound for wound, stripe for stripe.26 “When a man strikes the eye of his slave, male or female, and destroys it, he shall let the slave go free because of his eye. 27 If he knocks out the tooth of his slave, male or female, he shall let the slave go free because of his tooth. ²⁸“When an ox gores a man or a woman to death, the ox shall be stoned, and its flesh shall not be eaten, but the owner of the ox shall not be liable. ²⁹But if the ox has been accustomed to gore in the past, and its owner has been warned but has not kept it in, and it kills a man or a woman, the ox shall be stoned, and its owner also shall be put to death. ³⁰If a ransom is imposed on him, then he shall give for the redemption of his life whatever is imposed on him. ³¹If it gores a man’s son or daughter, he shall be dealt with according to this same rule. ³²If the ox gores a slave, male or female, the owner shall give to their master thirty shekels of silver, and the ox shall be stoned. (ESV)

Even in the case of consensual premarital sex, the Law legislated that the male “give the bride-price” for her to legitimize the marriage (22:16–17; NJPS 22:15–16). Sociological morés of promiscuity would have rendered the woman vulnerable to social scandal and familial shame.

¹⁶“If a man seduces [or, entices] a virgin who is not betrothed and lies with her, he shall give the bride-price for her and make her his wife. ¹⁷If her father utterly refuses to give her to him, he shall pay money equal to the bride-price for virgins. (ESV)

Widows were to be cared for and never mistreated, and if so the perpetrators would receive the sword so their wives would become widows (22:22–24; NJPS 22:21–23). The language carries a passionate emphasis:

²²You shall not mistreat any widow or fatherless child. ²³If you do mistreat them, and they cry out to me, I will surely hear their cry, ²⁴and my wrath will burn, and I will kill you with the sword, and your wives shall become widows and your children fatherless. (ESV)

Related to the issue of adultery, there was a clear prohibition against such practices in the Law: “You shall not commit adultery” (Exod 20:14). In contrast to the wide practice of polygamy (but not polyandry) in ancient societies of the Near East, the LORD God established monogamy as the mandated ideal of marriage (Gen 2:24). Consequently, adultery was viewed as a social wrong and a violation against God’s order. There was a concession for divorce and remarriage found in the teachings of Moses (Deut 24:1–4), but it is very restrictive.

Overall, such legislation in Israel was required because there were problems with the mistreatment of widows and slave girls, and also the abuse of rejection or abandonment of women after premarital sex.

If one is careful to read between the lines, Hammurabi and the Exodus Laws seek correctives on matters of injustice and oppression. These may not meet the modern social expectations regarding what are protective laws for women, but it should be noted different social norms and morés are being addressed in the ancient world than those of today.

Impact on the Society

The fourth observation focuses on what both sources of law reveal about these two societies. The earlier society of Hammurabi appears to have considerable social unrest and a sense of injustice in the air. The sorts of laws are of such a micromanagement level that they reflect a tremendous amount of abuse in society at large. The laws do cover more than just social matters, but it cannot be ignored that Hammurabi’s Code was, as he affirms, to:

“make justice to appear in the land, to destroy evil and the wicked that the strong might not oppress the weak.”

This law reveals that retribution towards evil, the wicked, and oppression was not only viewed as a social necessity but was also a divine ruling. The gods will hold the mortals accountable for their mistreatment of others.

Likewise, in the emerging society of the Hebrews, it was expected that all previous and current expectations of justice and injustice must now be reevaluated from the perspective of the moral and religious expectation of the “LORD God.” One of the premises of the Exodus Law is their liberation from Egyptian slavery and its moral application to how a neighbor treats their neighbor. The case law nature of the Mosaic Law demonstrates this transition, especially in the Ten Commandments proper (Exod 20:1–17). The good standing in the Hebrew community was based upon how one interacted with their neighbor; consequently, it may be inferred from the law section of Exodus that Hebrew society needed much legislation to correct their conduct toward their neighbor: “…you shall love your neighbor as yourself: I am the Lord (Leviticus 19:18 ESV).

Observations

Initially, it may be said that despite the similar concerns for establishing order in their respective societies, the Code of Hammurabi and the Law of Moses demonstrate the unique trajectories of each society’s beliefs, expectations, and social concerns.

This is seen in the following four areas as evaluated above. First, despite sharing a concern with connecting their source(s) of authority with the divine realm (i.e., the gods/God), and thus, making Moses and Hammurabi mediators of a law that centers on moral accountability and justice, they are markedly distinct in their theism.

Second, despite there being a common motif of mediation between the gods/God and the people they led, Moses and Hammurabi held distinct relationships with their people. Moses rose to leadership and was summoned to lead by the people; whereas, Hammurabi ascended to the thorn and had an established and formal regnal relationship with his empire.

Third, although the Hammurabi handout had selected sections on what is available shows that when compared to Exodus Laws, both were concerned with correcting and abolishing, through retributive legislation, the abuse of women in their communities in areas of sexuality, honor, abandonment, and humiliation.

Finally, both sources of law reveal that human societies always deal with matters of injustice and oppression, and these tend to be focused on the mistreatment of vulnerable women and widows. The consequences of such laws demonstrate the rough and violent nature of society and its expectations.

Bibliography

(ESV) English Standard Version of The Holy Bible. Wheaton, IL: Crossway, 2001.

Harper, Robert Francis. The Code of Hammurabi King of Babylon About 2250. 2nd edition. Chicago, IL: University of Chicago, 1904.

(NJPS) TANAKH: The Holy Scriptures, A New Translation of the Holy Scriptures According to the Traditional Hebrew Text. Philadelphia, PA: Jerusalem Publication Society, 1985.

(SNT) Lockard, Craig A. Societies, Networks, and Transitions: A Global History. Volume I: To 1500. 3rd edition. Stamford, CT: Cengage Learning, 2015.

(COS) Roth, Martha. “The Laws of Hammurabi.” In volume 3 of The Context of Scripture: Archival Documents from the Biblical World. Edited by William W. Hallo and K. Lawson Younger, Jr. New York: Brill, 2002.