The Masculine Civilization by Rene Hirsch - HTML preview

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Appendix Hammurabi

Excerpts from the Hammurabi's Code of Laws

110. If a "sister of a god" opens a tavern, or enters a tavern to drink, then shall this woman be burned to death.

128. If a man takes a woman to wife, but has no intercourse with her, this woman is no wife to him.

129. If a man's wife be surprised (in flagrante delicto) with another man, both shall be tied and thrown into the water, but the husband may pardon his wife and the king his slaves.

130. If a man violate the wife (betrothed or child-wife) of another man, who has never known a man, and still lives in her father's house, and sleep with her and be surprised, this man shall be put to death, but the wife is blameless.

131. If a man bring a charge against one's wife, but she is not surprised with another man, she must take an oath and then may return to her house.

132. If the "finger is pointed" at a man's wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband.

137. If a man wishes to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.

138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go.

142. If a woman quarrel with her husband, and say: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house.

144. If a man take a wife and this woman give her husband a maid-servant, and she bear him children, but this man wishes to take another wife, this shall not be permitted to him; he shall not take a second wife.

145. If a man take a wife, and she bear him no children, and he intend to take another wife: if he take this second wife, and bring her into the house, this second wife shall not be allowed equality with his wife.

146. If a man take a wife and she give this man a maid-servant as wife and she bear him children, and then this maid assume equality with the wife: because she has borne him children her master shall not sell her for money, but he may keep her as a slave, reckoning her among the maid-servants.

147. If she has not borne him children, then her mistress may sell her for money.

148. If a man take a wife, and she be seized by disease, if he then desire to take a second wife he shall not put away his wife, who has been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives.

154. If a man be guilty of incest with his daughter, he shall be driven from the place (exiled).

155. If a man betroths a girl to his son, and his son has intercourse with her, but he (the father) afterward defile her, and be surprised, then he shall be bound and cast into the water (drowned).

156. If a man betroths a girl to his son, but his son has not known her, and if then he defile her, he shall pay her half a gold mina [17], and compensate her for all that she brought out of her father's house. She may marry the man of her heart.

157. If anyone be guilty of incest with his mother after his father, both shall be burned.

158. If anyone be surprised after his father with his chief wife, who has borne children, he shall be driven out of his father's house.

178. If a "devoted woman" or a prostitute to whom her father has given a dowry and a deed therefore, but if in this deed it is not stated that she may bequeath it as she pleases, and has not explicitly stated that she has the right of disposal; if then her father die, then her brothers shall hold her field and garden, and give her corn, oil, and milk according to her portion, and satisfy her. If her brothers do not give her corn, oil, and milk according to her share, then her field and garden shall support her. She shall have the usufruct of field and garden and all that her father gave her so long as she lives, but she cannot sell or assign it to others. Her position of inheritance belongs to her brothers.

179. If a "sister of a god," or a prostitute, receive a gift from her father, and a deed in which it has been explicitly stated that she may dispose of it as she pleases, and give her complete disposition thereof: if then her father die, then she may leave her property to whomsoever she pleases. Her brothers can raise no claim thereto.

180. If a father give a present to his daughter -- either marriageable or a prostitute (unmarriageable) -- and then die, then she is to receive a portion as a child from the paternal estate, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers.

209. If a man strikes a free-born woman so that she loses her unborn child, he shall pay ten shekels for her loss.

210. If the woman dies, his daughter shall be put to death.

211. If a woman of the free class loses her child by a blow, he shall pay five shekels in money.

212. If this woman dies, he shall pay half a mina.

213. If he strikes the maid-servant of a man, and she loses her child, he shall pay two shekels in money.

214. If this maid-servant dies, he shall pay one-third of a mina.

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