PUBLIC-DOMAIN CHRISTIAN BOOK
A Dictionary of the Bible — Volume 5
James Hastings · 1,128,046 words · 1137 reading sections
Section 781
* See, ¢.9., the illustrations in Peters’ Nippur, ii. p. 379, pl. ii. ; Scheil, Une Saison de Fouilles @ Sippar (Cairo, 1902), p. 81. of the gods to save the desperately ill — those apparently already in the power of the gods of the nether world—from the dark abode; but they do not imply a real resurrection of the dea…
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vii. TEMPLES AND CULT.—The existence of numerous temples, particularly in Babylonia, but also, though to a lesser degree, in Assyria, may be taken as an index of the firm hold which the religion we have been describing had upon the people. The political centres during the various periods of Babylono-Assyrian history ar…
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578 RELIGION OF BABYLONIA RELIGION OF BABYLONIA there was a steady stream of migration into’the Euphrates Valley ; and if it be borne in mind that among the ancient Arabs mountain tops were regarded as sacred, and that down to a very late date the favourite sanctuaries of the Semite popu- lation of Palestine and Syri…
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are frequently depicted. t Hilprecht, 7.c. 480. RELIGION OF BABYLONIA RELIGION OF BABYLONIA 579 centres as Sippar, Shirpurla, and Nippur, reveal indeed an astonishing activity of the temples in this direction. Large bodies of labourers were indentured to the temples, and slaves were owned or controlled by the priest…
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Abundant as is the material now at our disposal for a study of the religious rites and ceremonies observed in Babylonia and Assyria, it is not sufficient to enable us to reconstruct in detail the ritual observed in the temples in connexion with the offering of sacrifices, the seeking of oracles, the interpretation of o…
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The New Year’s Day, known as Zagmuk, is referred to in the inscriptions of Gudea, and is there declared to be in honour of the solar deity Nin-girsu and of his consort Bau, who occupies at this time, in the district controlled by Gudea, the position which afterwards was reserved for Ishtar. The spring, as the period wh…
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Whether these same five days were observed in the other months of the Babylonian calendar, is again a question that cannot be answered defi- nitely. It seems, likely, however, that such was the case, and, if not those days, there were at all events some days in each month that were desig- nated as ‘evil ones.’ Both fo…
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More important, however, for its influence upon the development of religious thought than the question which deity was to be regarded as the head, was the establishment, among the masses, of the view that one particular deity deserved to be pogatded as superior to the rest ; and it is reasonable to suppose that in the …
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* See art. Copn or HammuRaBI in present vol. p. 584 ff. 3 and cf, Scheil, Teates Elamites-Sémitiques, ii. (Paris, 1902), with French translation : also in a revised edition, La Loi de Ham- mourabi (Paris, 1903); F. Mari, ZZ Codice di Hammurabi e la Bibbia (Rome, 1903); G. Cohn, Die Gesetze Hammurabis (Ziirich, 1903); J…
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3. COSMOLOGY, LEGENDS, ETO.—L. W. King, The Seven Tablets of Creation, or the Babylonian and Assyrian Legends concerning the Creation of the World and of Mankind (2 vols. London, 1902), latest and best translation based on the most complete collection of fragments of the various versions ; trans- lations of the Creatio…
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10. Philological divergence not decisive. 11, Order of clauses. 12, Suggestions of conscious change: (a) selection, (0) revision, (c) amendment. ,. 18. Similarity to other ancient codes, li. VIEWS AS TO CHARACTER OF CONNEXION. OI oR ge Ke) Doe Oo bO Vili. DOP Cobo Rt Dow ono H = SOWOIAMS who OO ~TH OR Oo PO…
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iii. IMPORTANCE OF THE INSCRIPTION. — At Susa, where the monument was actually found, the French explorers have of late years been con- ducting a very scientific examination of the re- mains of the oldest strata. They have given to the world, along with many records of the native Elamite monarchs, a number of splendid …
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586 CODE OF HAMMURABI CODE OF HAMMURABI were copied by T. G. Pinches. Professor Scheil, in various numbers of the Recweil de Travaux, and more fully in Une Saison de Fouilles a Sippar (Cairo, 1902), has added many more contemporary documents (quoted as S). Dr. Pinches published a few in his Babylonian Tablets in the …
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5. The date to be assigned to the First Dynasty of Babylon has been much disputed. The King- Lists, if taken in their integrity, would put the beginning of the Dynasty at B.c. 2454, and Ham- murabi’s accession at B.C. 2342. But many doubts attach to these figures. Nabonidus puts Hammu- rabi seven hundred years before B…
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and the gap in the Chronicle here may have con- tained the name of this fortress. (9) The year in which the canal Hammurabi was dug. It is not clear whether this canal or the one called Tisid- Bél was meant here. The latter ran from the Euphrates to Sippar. This event may have been used only to date Sippar documents. (…
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8. The king’s piety and care for the worship of the gods appear not only in the prologue to the Code, where he boasts of having built, restored, or adorned the temples of the chief cities of the empire, but also in the above list of year- names. J urther, in his letters we find him direct- ing the collection of temple …
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v. SOCIAL GRADES RECOGNIZED IN THE CODE. —The Code recognizes three grades of society: the amélu, the muskénu, and the ardu. 1. The first grade were the men of gentle birth, men of family, and very likely were largely of the same race as the royal family. Winckler has com- pared them with the amélw of the Tel el-Amarn…
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A female slave could become her master’s con- cubine. Her children were free (§§ 170-171); and so was she, at her master’s death. If her master chose he could acknowledge her children, and then they inherited equally with the children of his free wife ; but these had first choice in the sharing of his property (§ 170).…
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The value of a slave varied much with age, accomplishments, sex, etc. The Code avoids the question by awarding ‘slave for slave’ (§§ 219; 231), ‘half his price’ (§§ 199, 220). A. maidservant was worth twenty shekels of silver (§ 214), her unborn babe two shekels (§ 213). In contemporary docu- ments a male slave sold fo…
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a) ea (c) So far as inalienability of holding was con- | Greek influence may later have corrupted their cerned, the ndé biti, or ‘ payer of tribute,’ was in the same position as the rid sdbé and the b@iru. It seems, therefore, that land was held of the crown, as in other Oriental countries — notably Morocco now—on tw…
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5. The doctor does not seem to hold a high profes- sion. He is not an amélu. The fee for a successful operation, involving surgery (removal of a cataract with the bronze lancet is probably meant), is fixed and graded according to the position of the patient (§§ 215-217). An unsuccessful operation is penalized by loss o…
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Gardens or plantations were usually let, if al- ready planted, at a rent of two-thirds produce, as fixed by the Code (§ 64). Neglect which would diminish the crop was guarded against by enacting that an average yield should be returned (§ 65), Land was given to be planted as a garden, the owner often stipulating as to …
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per year as wages (§ 258). The care of the hired animals was strictly guarded. A lion might kill ox or ass, and the owner had to bear the loss (§ 244). But neglect or ill-treatment had to be paid for (§§ 245, 246), Partial injury was assessed (g§ 247, 248). The hand of God’ was the owner’s loss (§ 249). The responsibi…
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Business was done on the Commenda system, as later in Islam. The principal, called ‘merchant’ in the Code, entrusted money or goods to his agent, who gave a receipt for them, and went off to seek a market. On his return he had to repay his commission and give a fair profit, or share with his principal. This profit was …
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5. The Code does not deal with sale, which was a matter of free contract, except to forbid the sale of benefices (§ 35), or to allow sale of estate subject to territorial liability. Sales of all sorts of property, especially estate, are very common in contemporary documents. The prices varied, of course, according to c…
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CODE OF HAMMURABI CODE OF HAMMURABI 595 But the sense of several words is doubtful, and we do not know either the nature of the spell, or the kind of evidence required. In the second case, the plaintiff appears to demand the ordeal from the defendant, throwing on him the burden of proof that he is not a wizard. The …
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denied, or whether the law of retaliation was too well known, we cannot say. The Code does not regard the crime as one against the State, but against the individual, and he or his representa- tives plead for revenge rather than punishment. The Code, however, regulates this and assigns its bounds. The unspecified deat…
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_ Banishment from the city was the penalty of incest with a daughter (§ 154), Disinheritance was rather a family affair than a punishment, Confiscation does not occur. When a man takes the house of one who has bewitched him or falsely accuses him of witchcraft (§ 2), he is merely com- pensated for vexatious disturbance…
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Some offences against property were assessed at a fairvalue, and simple or multiple restitution enacted ($§ 57-59). Minor thefts were fined (§§ 259, 260). It is evident that offences against the rights of property were most severely repressed, perhaps on account of their frequency ; ef. Gn 31°? 44°, Offences against …
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598 CODE OF HAMMURABI CODE OF HAMMURABI (§§ 120, 125). Want of malice excused man- slaughter, partly (§ 207). Suspicion of evil was not enough. The Code continually insists that the criminal must be caught in the act. If accused of harbouring a slave, the slave must be seized in his possession (§ 19). The adulterer,…
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Marriage was a contract. There had to be a marriage deed drawn up, sealed, and witnessed. Without such r2ksatz, ‘ bonds’ or ‘ marriage lines,’ a woman was not a wife (§ 128). The marriage deed might contain some peculiar stipulations. Thus aman married a‘sister of his first wife, on condi- tion that she was to be his w…
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Sons were also vowed to temples (B? 2183, 2480). 9, The father had power over his children. He could pledge or sell them for his debts (§ 119). He sought wives for his sons, and provided them with a proper bride-price. This was so important a duty, that, if he had not performed it for all his children before his death…
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§ 3. If a man in a case (pending judgment), as witness to slander has lied and has not justified the word that he has spoken, if that case be a capital suit, that man shall be put to death. [Dt 1916t-], § 4. If as witness to corn or money he has lied, he shall himself bear the sentence of that case. [Ex 238, Dt 16%], …
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§ 21. If a man has broken into a house one shall kill him before the breach, and bury him in it (2). 0, If a man has carried on brigandage and has been captured, that man shall be put to death. § 23. If the brigand has not been caught, the man who has been despoiled shall recount before God what he has lost, and the …
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¢ 42. If a man has taken a field to cultivate and has not caused the corn to grow in the field and has not done the entrusted work on the field, they shall call him to account and he shall give a crop like its neighbour to the owner of the field. § 43. If he has not cultivated the field and has left it to itself, he s…
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602 CODE OF HAMMURABI § 59. If a man without the consent of the owner of the orchard has cut down a tree in a man’s orchard, he shall pay halfa mina ofsilver. [2 K 3%}, § 60. If a man has given a field to a gardener to plant a garden, and the gardener has planted the garden, four years he shall rear the garden, in th…
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§ 113. If a man has corn or money upon a man, and without consent of the owner of the corn has taken corn from the heap or from the store, one shall call that man to account for taking of the corn without consent of the owner of the corn from the heap or from the store, and he shall return the corn as muchas he has tak…
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$131. If the wife of a man has been accused by her husband, and she has not been caught in lying with another male, she shall swear by God and shall return to her house. § 132. If a wife of a man on account of another male has had the finger pointed at her and has not been caught in lying with another male, for her hu…
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§ 149. If that woman is not content to dwell in the house of her husband, he shall pay her her marriage portion which she brought from her father’s house and she shall go off. 604 CODE OF HAMMURABI § 150. If a man has presented to his wife field, garden, house, or goods, has left her a sealed deed, after her husband’…
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§ 168. If a man has set his face to cut off his son, has said to the judge, ‘I will cut off my son,’ the judge shall inquire into his reasons, and if the son has not committed a heavy crime which cuts off from sonship, the father shall not cut off his son from sonship. [Dt 2115]. § 169. If he has committed against his…
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§ 179. If a lady, a votary, or a vowed woman whose father has granted her a marriage portion, has written her a deed, in the deed he wrote her has written for her ‘after her wherever is good to her to give,’ has allowed to her all her choice, after the father has gone to his fate, after her she shall give wherever 18 g…
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§ 200. If a man has nade the tooth of a man that is his equal to fall out, one shall make his tooth fall out. [Ex 2174]. § 201. If he has made the tooth of a poor man to fall out, he shall pay one-third of a mina of silver. § 202. If a man has struck the cheek of a man who is his superior, he shall be struck in the a…
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§ 231. If he has caused the slave of the owner of the house to die, he shall give slave for slave to the owner of the house. § 232. If he has caused the loss of goods, he shall render back whatever he has caused the loss of. Further, because he did not make strong the house he built and it fell, from his own goods he …
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§ 256. If he is not able to pay his compensation, one shall cause him to be torn in pieces by the oxen on that field. § 257. If a man has hired a harvester, he shall give him eight GUR of corn per year. g 258. If a man has hired an ox-driver, he shall give him six GUR of corn per year. R § 259. If a man has stolen a…
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to account and his master shall cut off his ear. The judgments of righteousness which Hammu- rabi the mighty king confirmed and caused the land to take a sure guidance and a gracious rule. 608 CODE OF HAMMURABI ee [There are three sections of the Code which have been recovered to us from the fragments of the copies…
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Whatever view be taken of the similarities between the legislations, the greatest difficulty in asserting Babylonian influence is that the Israelitish law as we know it is a composite affair, of uncertain date, and combining new with old in a most perplexing manner. If we could be satis- fied that the Mosaic Laws still…
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* The vine was rare, if not quite unknown, in Babylonia. EXTRA VOL.—39 fo ee 8. In Exodus the transition to damage by fire is natural. In Babylonia, damage by careless management of water was more characteristic. It might have come next, only the order of ideas led to its being put first, as §56. Here the differ- enc…
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12. Some things are very suggestive of a de- liberate change. The Code has a slanderer thrown down before the judge and branded. In Dt 25? we get directions for scourging. The judge shall cause him to lie down and be beaten before his face. The ‘certain number’ of stripes in Israel was not to exceed forty; Hammurabi or…
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CODE OF HAMMURABI was the Code of Hammurabi, and thus the enact- ments of the old Babylonian king, formulated about B.C. 2250, passed more than a thousand years later into the Book of the Covenant, and so became the heritage of Israel and the world’ (Professor C. Johnston, Johns Hopkins University Circular, June 1903)…
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We may say that the Israelite legislation shows strong traces of Babylonian influence, and yet not destroy the independence of its origin. We cannot suppose that the author of any code set to work to draw up a comprehensive scheme of law. Each built upon the already prevailing custom. His attention would be directed ch…
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It must be confessed, however, that-a proper critical examination of the religious history of Israel has shown incontrovertibly that the above view of the primeval and the patriarchal religion became possible only by carrying back unreservedly to the centuries prior to Moses, up to the very commencement of all, the con…
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1. Amongst the lowest forms of religious venera- tion, the more recent authorities on Comparative Religion reckon not only the common Fetishism (which elevates an arbitrarily chosen object to the rank of its gods, and again, it may be, deposes it), but also the so-called Totemism.* The following may suffice by way of d…
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Upon the whole we must conclude once more that, RELIGION OF ISRAEL 614 RELIGION OF ISRAEL while it is certainly possible that Totemism once prevailed in Israel, its prevalence cannot be proved ; and, above all, we must hold that the religion of Israel as it presents itself in the OT has not re- tained the very slig…
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Part of these mourning practices were retained without scruple even within the pale of the Jah- weh religion—a proof that their original intention was no longer understood. Others, like the cutting of a bald spot on the head, the disfiguring - of the beard, and the wounding of the person, were strictly forbidden by the…
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A further evidence that Ancestor Worship once prevailed in Israel has been discovered in the great importance attached to the mention of tombs. This, we are told, is explicable only on the ground that these graves were places of worship. Now it is a fact that the patriarchs’ place of burial in a cave at Hebron is repea…
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3. Real worship, however, was rendered by Israel in the pre- Mosaic period to the many numina (’élim [sing. ’é/, ‘ deity,’ ‘ god ”]), which were believed to be the inhabitants and possessors of certain places, and which were venerated as such. These make their appearance most frequently in RELIGION OF ISRAEL 616 REL…
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. 620). 4 Finally, in regard to sacred springs, we must first of all infer from the analogy of Semitism elsewhere, that in primitive times the most im- portant, if not all, springs were regarded as the abode of a local nwmen. Express testimony to the sacredness of particular springs—whether on their own account or owi…
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- Of. the thorough discussion of all the coutro verted ques- tions dealt with in what follows, in Baethgen’s Bettrage zur semit. Reliqionsgeschichte (Berlin, 1888), p. 131 fi. RELIGION OF ISRAEL 617 the heathen Baal or Melekh that is meant, this would be simply an evidence of Israelitish idolatry due to foreign influ…
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ii. FORMS OF WORSHIP, AND OTHER RITES AND USAGES.—The essential character of every ancient religion reveals itself pre-eminently in the worship it offers to the Deity. That such worship formed an element also in the pre-Mosaic stage of the religion of Israel is to be assumed, and various traces of it survived for long …
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It cannot be determined whether, in addition to what were afterwards the usual victims, other animals were used for sacrifice by the tribes of Israel in pre-Mosaic times. On the other hand, it may be asserted with confidence that in special cases human sacrifice was practised in order to propitiate the Deity or gain Hi…
914 wordsSource & rights
Public-domain historical reference work (1898–1905); OCR text from Internet Archive. Historical scholarship and terminology reflect its era; OCR may contain errors. Verify quotations and current scholarly claims independently.
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Historical Christian writing; not Scripture.