Ancient Law: Hammurabi's Code and Jewish Law

• Origins of Early Written Laws
• Classism in Early Civilizations
• Polytheism and Monotheism
• The Treatment of Women in Ancient Law
• Summary
• Sources

Origins of Early Written Laws

As early civilizations developed codes of law were formed that structured how people were to live amongst each other, obey their rulers and honor their gods. The first example of written law was discovered in Iran in 1902 (1, p. 18). It was the product of the king of the Babylonian Empire, Hammurabi, who ratified his code in stone around 1700 B.C.E. The Babylonians conquered and reunited the city-states of Mesopotamia (2, p. 34). Hammurabi was their ruler for 43 years (1, p. 18). Hammurabi claimed a lot of power: he designated judges and priests, determined the laws and was essential to the development of a complicated culture. The Babylonian culture incorporated elements from the early Sumerians including some parts of their laws, and studies in math and astronomy, which were applied to time keeping and resulted in the 60-minute hour we use today. The Babylonians prospered in commerce with the use of common language and cuneiform writing. Their empire fell when the Hitties invaded in 1600 B.C.E. (2, p.34).

It was about this time when Jewish settlers began to come into the same region. According to the book of Exodus, it would have been in the 1300s B.C.E. when Moses brought the first Jews, the Hebrews to the Palestine of the times, a region between the Mediterranean Sea and the Jordan River. Although Exodus suggests that Jewish culture began its development earlier, the Jewish state was surely distinctly formed in the eastern Mediterranean region between 1200 and 1100 B.C.E. (1, pp. 22-23). The development of Jewish law began around 950 B.C.E. and would, a couple of centuries later, be used in the biblical book of Deuteronomy (1, p. 16). Early Jewish law reflects the highly religious nature of their culture, the first Western monotheism.

Classism in Early Civilizations

The numerous laws establishing different punishments amongst freemen, laborers and slaves suggest defining ranks was of high importance to Hammurabi, if not all the Babylonian freemen whereas the Jewish writing demonstrates a less classist attitude by dictating asylum for escaped slaves and provisions for “the stranger, the orphan, and the widow”. In Jewish law the 'Lex Talionis' doles out punishment befitting the crime, "life for life, eye for eye..." Hammurabi dictates similar punishment among the freemen of the upper class but the fine for taking the eye of a laborer is one mana of silver, and if the eye is from a slave the man must pay half the slave's price. The value of a man (or his body parts) is not equal amongst all men. In Jewish law an escaped slave is protected: "You must not allow a master to imprison a slave who has escaped...He shall live with you, among you...you are not to molest him..." Servants are not to be mistreated, and where Hammurabi may call upon the gods to punish those who go against him, the servant in Jewish society may "appeal to Yahweh against" those who mistreat him. The Jews are reminded of their history of being slaves in Egypt and charged with being fair in dealing justice.

Polytheism and Monotheism

Reverence shown to deities in these writings demonstrate polytheism and monotheism as well as the humility of the writer. Hammurabi elevates both the gods and himself when he claims his right to pass laws. It is "the lofty Anu" and "Bel, lord of heaven and earth...who determines the destiny of the land" who call upon him, "the exalted prince, the worshiper of the gods, to cause justice to prevail in the land, to destroy the wicked and the evil...". Jewish law is very specific in its monotheistic focus, beginning: "You must be entirely faithful to Yahweh your God." The Jewish God gives its people a prophet, not a king, who will speak for him as he does in this text. The prophet is held to Yahweh under threat of death. The prophet who speaks falsely or "speaks in the name of other gods, that prophet shall die." Hammurabi exalts himself as well as the gods that empowered him and demands attention to his words which are “precious” while the much more humble treatment of Yahweh, the Jewish God, demands total faith to only that God. In Hammurabi's case, with such rarified words, one must wonder how much the raising of the gods is done in order to raise the author himself. According to Hammurabi's code any man that does not "pay attention" to his written code will be cursed by Ea, "the leader of the gods." In Jewish law the prophet is held responsible since the people will know that if the prophet's word is not true when "the thing (that is spoken) does not happen and the word is not fulfilled, then it has not been spoken by Yahweh" and the people have "nothing to fear" from the prophet.

The Treatment of Women in Ancient Law

The Babylonian and Jewish societies may have different treatment of men based upon classes but both societies held women highly accountable for their virtue is evident from the death penalty dictated for being unvirtuous. The laws regarding the genders and their offspring illustrate the complexities of the two societies by defining the ranking of women, whether they are wives or concubines, and child-bearing or not, in the case of Hammurabi's Code and not only ranking of first-born sons but the treatment of rebellious ones as well, in the case of the Jewish Law. Some of these laws were directed at the protection of women. In Hammurabi's law, the man who takes a virgin betrothed to another is put to death. A woman who has been a "careful mistress (wife)" while her husband has treated her poorly can deny him his spousal rights and return to her family's home with her dowry. In this example of Jewish law the treatment of women is not as explicit as in Hammurabi's code but there are a couple of instances that demonstrate the protection of women. A woman taken as a prisoner in war and made a wife may be released if desired, but not sold "since you have had the use of her." A woman is also protected against being falsely accused of losing her virginity prior to marriage (provided her father and mother can provide proof on her behalf). These "protections" sound rather demeaning in a modern context but these societies were quite patriarchal and their laws reflect the status of women as beneath men.

Summary

The Babylonian Empire and the Jewish state were two civilizations that were not associated with each other but close enough in time and place that there may have been some influence of the Babylonians on the Jews. However, the Babylonians were conquerers and the Jews were former slaves, two very different backgrounds. By comparing Hammurabi’s Code and early Jewish Law as found in Stearn’s World History in Documents, both different and similar values amongst these two civilizations is evident. Both documents illustrate the need for fairness and justice in dealing with crimes however the classism of the Babylonians is more evident in Hammurabi's Code where it is not in Jewish Law. At the top of the class system would be the king, Hammurabi himself, where in Jewish law the prophet, the author, is accountable and not held above others. The religious beliefs of the two societies are also evident. The Babylonians had many gods that could administer punishment whereas the Jews were monotheistic with one god to honor. The virtue of a woman was valued highly and the treatment of women reflects the dominance of men in both societies; women belonged either to a family or a husband. Reflecting on these early laws allows insight into early civilization and transports us into a time we can only imagine. These insights would not be possible without the windows provided by the documents, however it is prudent to remember that each writing only offers one view, and that is of the author of the document.