The Code of Hammurabi [2250 BC]. Introduction and Prologue

The Monument on which the Code of ?ammurabi is engraved was found in December, 1901, and January, 1902, on the acropolis of Susa by an Expedition sent out by the French Government under the Director General, M. de Morgan. It is a block of black diorite, nearly eight feet high, broken into three pieces which were easily re-joined. Another fragment was found which does not belong to this Monument, but which contains a text corresponding to Column 41, 72-80, and this leads to the conclusion that another copy of this famous Code existed in Susa. On the Obverse we have a bas-relief (see Frontispiece) exhibiting King ?ammurabi receiving the laws from the Sun God, to which the story of Moses receiving the Ten Words from Yahweh corresponds. Under this relief are engraved sixteen columns of text, four and one-half of which form the Prologue. There were originally five more columns on the Obverse, but these have been cut off by the Elamitic conqueror. On the Reverse, there are twenty-eight columns, the last five of which form the Epilogue. There are many reasons for believing that this Code of Laws was published in many places. We may accept the opinion of Scheil and Winckler that the copy found at Susa may have been taken as plunder by Šutruk-Na?unte (about 1100 ) and brought to his Elamitic capital. We have fragments of later copies on tablets and these have enabled me to restore the text in one or two places. These later fragments, with transliteration and translation, will form one of the Appendices to Part II.

?ammurabi, identified by most Assyriologists with the Amraphel of Genesis 14, 1, was the sixth king of the First Dynasty of Babylon and reigned for fifty-five years, about 2250 We have a good account of his life and deeds in the Letters which he wrote to Sin-idinnam and in The Chronicle of the Kings of Babylon, both of which have been edited with great care by Mr. L. W. King. From the Prologue and Epilogue we learn that he was a great soldier and a pious, god-fearing king, who destroyed all his enemies to the North and South, and made his people to dwell in peace and security. He codified the existing laws that the strong might not oppress the weak, that they should give justice to the orphan and widow, and for the righting of wrong. He rebuilt cities and canals, he restored temples and endowed them with means for sacrifices, he re-established cults, he reunited his people.

Society in the time of ?ammurabi consisted legally of the following classes: 1) the awà®lum, 2) the muškênum, and 3) the wardum-amtum, and their rights and privileges were clearly defined. The first, awà®lum, included the house-holders, property owners, the wealthy and upper classes. Awà®lum has been translated by man or person. In a few places, it is almost necessary to translate gentleman as over against freeman. The second, muškênum, has been variously translated, pauper poor man, serf, retainer, etc. The etymology of the word goes to show that the muškênum was poor. He could, however, hold property and slaves. He was free. He held a position half-way between the awà®lum, upper class man, and the wardum-amtum, slave. I have used the term freeman. The third class, wardum-amtum, consisted of male and female slaves. There was also a class of public servants which received subsidies from the government. It is difficult to determine the exact duties of these officers. I have translated officer (recruiting officer), constable (military messenger, police officer), and taxgatherer (one in the public service). (Compare the Index of Subjects.) The position of women, which was a high one legally, of concubines, devotees, etc., will be discussed in Part II.

The Text as presented in Plates I-LXXXII has been reconstructed and edited from the photographs published by Scheil in Tome IV, Textes à‰lamites-Sémitiques of the Mémoires de la Délégation en Perse (Paris, Leroux, 1902). It was printed in the October (1903) number of The American Journal of Semitic Languages and Literatures. Since then Ungnad’s excellent article, “Zur Syntax der Gesetze ?ammurabis,” has appeared in the Zeitschrift für Assyriologie, November, 1903 (Vol. XVII, 4), and I have accepted and incorporated into my text the following readings: šumma instead of aššum, which had been restored by all in 6, 18, and this has led me to divide this section into two; it-te-[ip-ti], 15, 14, instead of it-te-[ip-tu-u]; na-ak-ka-a[m-m]a instead of na-ak-ka-p[u-u], 37, 53; and mu-ša-zi-?am a ir-ši-a, 40, 92, instead of MU.ŠA:ZI.KAR. IR.ŠI.A. In the transliteration and translation, I have also accepted Winckler’s reading [nu-r]a-am, 40, 21, for [u-s]i-am which stands in my text. To edit a text from a photograph is a very different task from editing an original copy. No one can appreciate this more keenly than I. In fact, I am of opinion that an edition of an Assyrian or Babylonian text which is to be final must go back to the originals. Hence there may be room for difference of opinion in regard to many small wedges which are not essential to any form of the Signs in which they are found. Some restorations have been attempted, and in these I have for the most part followed Scheil. I have, however, been obliged to differ from him in some places. Only such restorations were made as seemed to me to be fairly certain. Others, which were less certain, have been put in the Transliteration.

When the lofty Anu, king of the Anunnaki, and Bel, lord of heaven and earth, he who determines the destiny of the land, committed the rule of all mankind to Marduk, the chief son of Ea; when they made him great among the Igigi; when they pronounced the lofty name of Babylon; when they made it famous among the quarters of the world and in its midst established an everlasting kingdom whose foundations were firm as heaven and earth-at that time, Anu and Bel called me, Hammurabi, the exalted prince, the worshiper of the gods, to cause justice to prevail in the land, to destroy the wicked and the evil, to prevent the strong from oppressing the weak, to go forth like the Sun over the Black Head Race, to enlighten the land and to further the welfare of the people. Hammurabi, the governor named by Bel, am I, who brought about plenty and abundance; who made everything for Nippur and Durilu complete; the exalted supporter of E-kur; the wise king, who restored Eridu to its place; who purified (Col. II) the sanctuary1 of E-apsu; who stormed the four quarters of the world; who made the fame of Babylon great; who rejoiced the heart of Marduk, his lord; who daily served in Esagila; of the seed royal, which Sin begat; who filled the city of Ur with plenty; the pious and suppliant one, who brought abundance to E-gis-sir-gal; the diplomatic king, obedient to the mighty Shamash; who refounded Sippar; who clothed with green the shrines of Malkat; who decorated E-babbara, which is like a heavenly dwelling; the warrior, the protector of Larsa; who rebuilt E-babbara for Shamash, his helper; the lord, who gave life to the city of Uruk; who supplied water in abundance to its inhabitants; who raised the turrets of Eanna; who brought riches to Anu and Nana; the divine protector of the land; who collected the scattered people of Nisin; who supplied E-gal-mah with luxurious abundance; the monarch, the city king, the brother of Za-ma-ma; who laid the foundations of the settlement of Kish; who surrounded E-te-me-ur-sag with splendor; who constructed the great shrines of Nana; the patron of the temple of Har-sag-kalama, the grave of the enemy; whose help brings victory2 (Col. III); who extended the limits of Cutha; who enlarged Shid-lam in every way; the mighty bull, who gores the enemy; the beloved of Tu-tu; who made the city of Borsippa beautiful;3 the exalted one who was untiring for the welfare of Ezida; the divine city king, wise and intelligent, who extended the settlements of Dilbat; who stored up grain for the mighty Urash; the lord adorned with scepter and crown, whom the wise god Ma-ma has clothed with complete power; who defined the confines of Kish; who made sumptuous the splendid banquets in honor of Nin-tu; the wise and perfect one, who determined the pasture and watering places for Shir-pur-la (Lagash) and Girsu; who provided large sacrifices for the Temple of Fifty; who seizes the enemy; the favorite of the exalted god (oracle); who put into execution the laws of Aleppo; who makes joyful the heart of Anunit; the illustrious prince, the lifting up of whose hands Adad recognizes; who pacifies the heart of Adad, the warrior, in Karkar; who re-established the appointments in E-ud-gal-gal; the king who gave life to Ud-nun-ki; the benefactor of the temple E-mah; the lordly city king; the soldier who has no equal; (Col. IV) who presented life to the city of Mashkan-shabri; who poured out abundance over Shid-lam; the wise governor, who captured the bandit caves (?), who provided a hiding-place for the people of Malka in their misfortune; who founded dwelling-places for them in plenty; who determined for all time the splendid sacrifices for Ea and Dam-gal-nunna, who had extended his dominion; the city king first in rank; who subdued the settlements along the Euphrates; the warrior of Dagan, his creator; who protected the people of Mera and Tutul; the exalted prince, who makes the face of Nana to shine; who established splendid banquets for Nin-a-zu; who helps his people in time of need; who establishes in security their property in Babylon; the governor of the people, the servant, whose deeds are pleasing to Anunit; who installed Anunit in E-ul-mash in Agane broadway; who made justice prevail and who ruled the race with right; who returned to Ashur its gracious protecting deity; who made the rising sun (?) to shine brilliantly; the king who made the name of Nana glorious in E-mish-mish in Nineveh: the exalted one, who makes supplication to the great gods; the descendant of Sumulailu, the powerful son of Sinmuballit (Col. V), the ancient seed of royalty, the powerful king, the Sun of Babylon, who caused light to go forth over the lands of Sumer and Akkad; the king, who caused the four quarters of the world to render obedience; the favorite of Nana, am I. When Marduk sent me to rule the people and to bring help to the country , I established law and justice in the land and promoted the welfare of the people.

King Hammurabi ruled Babylon from 1792-1750 B.C. Towards the end of his reign his legal decisions were collected and inscribed in the Babylon’s Temple of Marduk.

See also Rev. Claude Hermann Walter Johns, Babylonian and Assyrian Laws, Contracts and Letters [1904]

Author: international

Mentioned in these Entries

Code of Hammurabi. 126-end, Code of Hammurabi.Epilogue, country.