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HAMMURABI OF BABYLON: CODE
Ancient Babylon and Hammurabi
The Babylonians were a group of people who lived in an area called Mesopotamia, which is
now called Iraq. The Babylonians were part of a larger group called the Semites, who all
spoke the same language. Hammurabi united all of the Semites under one rule and
established a capital in Babylonian territory. With all of Mesopotamia united under one
rule, Hammurabi established a code of law to be used throughout his kingdom. The code
became known as the Code of Hammurabi, and it is the first recorded code of law in human
history. The Code of Hammurabi provided laws and punishments that were applicable to
citizens based on their social status and gender.
The Code of Laws
Hammurabi claimed that his code of laws was authored by Marduk, the most important
Babylonian god. He also claimed that Marduk required Hammurabi to rule in his name. The
divine authority vested in Hammurabi by Marduk gave him extensive religious and political
authority over the ancient Babylonians. The Code of Hammurabi contained 282 laws and
was written in Akkadian, the daily language used by the people of Babylon.
The Code of Hammurabi provided a set of rules that could be used in most aspects of
Babylonian life. It ensured that there was a consistent system in place for people to solve
problems and understand their place within the society. Let's review some aspects of the
code below
Family Life and the Code of Hammurabi
Under the Code of Hammurabi, men had considerable power over their families.
Babylonian men could sell their wives or children into slavery in order to pay off their
debts. They could also disinherit a son if they chose to. These measures were extreme and
required men to justify their actions in a court of law. Men who wanted to sell their family
members or disinherit their wives or children had to prove that it was necessary and,
especially in the case of disinheriting a child, evidence of bad behavior. This procedure
gave women and their children some protection from a clearly patriarchal society.
Despite this protection, women and children were not fully protected under the law. A
child, especially a son, could have his hands cut off if he struck his father. If a child did
something wrong once under the code, he or she could not be punished; however, if a child
made a second error, then the father could punish him or her in any way he wanted. Fathers
were the center of Babylonian family life, and the Code of Hammurabi reflected this
position and gave fathers considerable powers over their family members.
Economic Life and the Code of Hammurabi
The code also dealt extensively with the economic life of ancient Babylonians. The code
governed the duties and rights of tenant farmers. Tenant farmers were required to carefully
cultivate their plots and also to keep any canals or ditches clean and in good repair. Tenants
who were negligent of their duties were responsible for paying for the cost of damaged
crops and could be sold into slavery if the debt was high enough. Other workers could also
be punished for poor workmanship. For example, if a house built by a builder collapsed and
killed the son of the owner, the son of the house builder would also be killed in retaliation.
Women and the Code of Hammurabi
Women and men had different roles in society, and the Code of Hammurabi acknowledged
and supported this difference. For example, the code stated that the fathers of prospective
couples were in charge of making the marital arrangements. The bride would receive a
dowry, or financial gift, upon her marriage. Unlike many later European cultures, a
Babylonian bride kept her dowry for the rest of her life and could take her dowry with her
in some cases of divorce. The father of the groom would provide a financial gift to the
bride's father at the wedding as well.
Babylonian women were expected to be perfectly faithful to their husbands in order to
ensure that their children were their husband's legitimate heirs. If a woman was accused of
adultery and proven innocent in a court of law, she could take her dowry and leave her
husband. Women were unable to go into business for themselves; however, they could
inherit property from their husbands, and records show that many women became active in
the business world after their husbands died.
Criminals and the Code of Hammurabi
Criminals were punished harshly under the Code of Hammurabi. A criminal who removed
the eye of an enemy was required to have his own eye removed. The notion of 'an eye for
an eye' is commonly attributed to the Code of Hammurabi. Thieves were required to pay
back up to ten times the value of the object they had stolen, and murderers were often
sentenced to death for their crimes.
By Mary Deering,
Mary has a Master's Degree in History.
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