(ham myoo ray' bi) King of Babylon
about 1700 B.C. who issued a famous code of law. His name probably
means, “Hammu (the god) is great.” The name Hammurabi belongs to the
family of Semitic, not Akkadian, personal names and began appearing
in cuneiform texts about 2000 B.C. Two kings of Yamhad, who were
contemporaries of the king of Babylon, bore the name. In addition,
the name was borne by the king of Kurda and by an official from the
Old Babylonian period. Prior to Hammurabi, the kings of Babylon had
Akkadian names.
According to the cuneiform alphabet system of writing from Ugarit, the
name should be ascribed Hammu-rapi. The meaning is still debated.
The first element is the name of a god. The second refers to
“healing.” Four views are supported. Some believe Am refers to a god
and rabu to being great. Thus the name means “Am is great.” Others
think the term means “my family is widespread.” Still others hold
the position that it means “the sun god heals.” Some scholars
identified Hammurabi with the biblical king of Shinar named Amraphel
(Genesis 14:1,Genesis 14:9). However, this option is held by few
modern scholars.
Kingdom Hammurabi was the sixth king of the First Dynasty of Babylon.
He was the son of Sin-muballit and the father of Samsu-iluna. He
ruled over Babylon for 42-43 years. Although we have more and better
evidence for his reign than any other king of his dynasty, the
precise years he ruled cannot be determined. Four positions are
held. The ultra-high chronology holds 1900 B.C. for his first year
of his reign. Probably, the most widely-held view is that his first
year to rule was 1792 B.C. Others hold a middle chronology with 1728
B.C. as his first year. The low chronology places 1642 B.C. as the
first year.
Although most scholars present Hammurabi as one of the great kings of
his era, a recent scholar sees him as a minor king in comparison to
his peers, pointing to the correspondence found at Mari as evidence.
For the first ten years of Hamhymurabi's reign, Babylon appears to
be subservient to Assyrian rule. Later, his serious rivals were
Zimri-Lim of Mari, Rim-sin of Larsa, and Ibal-pi-El of Eshnunna
along with his Elamite allies.
From his seventh to eleventh years he destroyed Malgum, attacked
Rapiqum, warred against Emutbal, and captured both Isin and Uruk
(Erech).
Despite an uneasy truce with Assyria and Eshnunna, Hammurabi spent the
middle twenty years of his reign preoccupied with local affairs.
Evidently, he was consolidating and organizing his kingdom. He built
religious shrines, civic buildings, defensive walls, and canals
during this period. The archives at Mari reveal about 140 letters
sent between Babylon and Mari during this era. Four of the letters
are addressed by Hammurabi to either the king or court officials at
Mari.
In year 29 of his reign, he won a decisive victory over a coalition
holding the east side of the Tigris River, which opened the way for
him two years later to attain victory over Larsa and gain control of
the southern cities. Change in the balance of power resulted. The
last twelve years of his rule were uninterrupted warfare. In year 35
he dismantled Mari and Malgium. In year 38 he conquered Eshnunna.
Yet these latter wars at best were an “offensive defensive” against
the pressures of invading peoples. In the latter years he built
walls along the Tigris and Euphrates and in year 43 fortified Sippar
with an earthen wall. While the early years witnessed military and
political expansion which was probably initiated by his father,
Sin-muballit, the latter years saw the kingdom shrink.
Religion Scholars assign the famous staged-temple-tower or ziggurat
“E-temen-an-ki” to his reign. The name means “The House of the
Foundation Platform of Heaven and Earth.” It was one of the seven
wonders of the world. This giant structure may have influenced the
biblical writer in
his narrative of the Tower of Babel (Genesis 11:4-9). Hammurabi placed
Marduk, a local deity, at the head of the Babylonian pantheon, where
he remained for subsequent centuries.
Lawgiver In 1898 some fragments were published of cuneiform tablets
from the library of Ashurbanipal, king of Assyria. These fragments
were thought to be part of an old “book of Law” dating to the First
Babylonian Dynasty. In December 1901 and January 1902 in the old
royal city of Susa, a diorite stone measuring two and a quarter
meters high and almost two meters in circumference was found. The
stone was a relief of Hammurabi with 44 columns of ancient cuneiform
writing. The stele proved to contain the collection of Hammurabi
laws.
The stone was engraved late in Hammurabi's reign. It was probably set
in the great Esagil Temple of Marduk in Babylon with copies sent to
other centers. In 1160 B.C., following a successful raid on Babylon,
the Elamite Shutruk-nahhunte carried it to Susa.
The relief of Hammurabi shows him receiving a sceptre and a ring from
Shamash, the divine law-giver. The sceptre and ring are symbols of
justice and order. The stele begins by describing the king's divine
call to “make justice to shine forth in the land, to destroy the
evil and the wicked, that the strong might not oppress the weak… to
give light to the land.”
The diverse elements of the expanded kingdom demanded a precise
definition of individual rights. The large economic dependence upon
slavery and the overwhelming personal indebtedness provided the
means and reason for developing a standard of law. By setting the
wages for technical and agricultural laborers and by decreeing the
release from debt or slavery, the king could control much of the
life of the nation. This was done by a periodical “pronouncement of
righteousness.” This usually occurred in a king's first year of
reign. In his first year, Hammurabi decreed the standard of law
which would govern the economic and religious life of all
Babylonians. This compares to the “reforms” of the Hebrew kings, who
by restating allegiance to the Torah in their first year as king,
“did the right in the eyes of the Lord” (2 Kings 18:3).
Hammurabi's laws probably date from his first year as king, but they
were not compiled and edited until the conclusion of his reign.
Two hundred eighty-two paragraphs or judgments of Hammurabi remain.
These are not comparable to modern codes. The cases are grouped by
subjects, but rarely are they stated in terms of general
application. The laws are primarily the king's verdicts regarding
specific cases. Some of the cases are similar to the law codes of
Lipit-Ishtar of Isin, Eshnunna, and the Hebrew laws. The code in
general does not discuss religious affairs. Punishments include
immersion in the river, “lex talionis,” fines, restitution by labor
or in kind, and death. Penalties varied according to the class of
the offender. Three classes were recognized: freedman,
state-dependent, and slave. The code covers the following subjects:
(1) Various offenses and crimes (¶1-25). These include false witness
similar to Deuteronomy 5:20; Deuteronomy 19:16-17; witchcraft, which
is forbidden in Deuteronomy 18:10; Exodus 22:18; action against evil
judges similar to Exodus 23:6-9; Leviticus 19:15; Deuteronomy
16:18-21. The death penalty was imposed for robbery or receipt of
stolen merchandise from a palace or a temple. Hebrew law allowed for
restoration for such offenses (Exodus 22:1; Leviticus 6:2). The
penalty for dereliction was death or thirty- or ten-fold restitution
depending on the class of the accused. Hebrew law asked for
double-restitution (Exodus 22:1-4,Exodus 22:7). The death penalty
was prescribed for kidnapping, theft of slaves, looting, and
robbery.
(2) Property (¶26-99). Distinction was made between crown-tenants,
fief holders, and tenant farmers. Much is stated about loans of
either money or seeds against future crops. A farmer had four years
to produce a fruit crop from trees before repaying his loan. In
Hebrew law, the first-fruits of the fourth crop had to be dedicated
to God.
(3) Commercial law (¶100-126). These laws regulated partnerships and
agencies, sales, and transporting merchandise. These treat slaves
and debtors more harshly than do the Hebrew laws.
(4) Marriage (¶127-161). These cases involve the rights of both
parties, dowry settlements, bridal gifts, marriage offenses, and
divorce. Adultery with a married woman, as in Hebrew law
(Deuteronomy 22:22), resulted in death for both individuals. Death
was the punishment for rape as in Deuteronomy 22:25. An adulterous
wife was sentenced to trial by ordeal in both codes (Numbers
5:13-22). A husband captured abroad had his marriage protected.
Likewise, this was the intent of Deuteronomy 24:5. The references to
concubinage and the protection of the female from reduction to
slavery or divorce, except for offenses against the first wife, shed
light on patriarchal practices (Genesis 16:2,Genesis 16:4; Genesis
21:8). Incest is prohibited by each.
(5) Firstborn. As in Hebrew law (Exodus 13:2; Deuteronomy 21:15-17),
the first-born had special rights.
(6) Adoption (¶185-194). Males could be granted sonship or disowned by
oral pronouncements. Unruly, violent sons were corrected by cutting
off the offending limb.
(7) Assault (¶195-208). Damage to persons and property were thoroughly
discussed. Liabilities of builders and surgeons were especially
noted. Hurting pregnant women was severely punished as in the Hebrew
law (Exodus 21:22-25).
(8) Agricultural work and offenses (¶241-267). As in Exodus 21:28-32
the owners' responsibilities for gorings by oxen are discussed in
great detail.
(9) Rates and wages (¶268-277). The differences between the conditions
in early Israel and the urban communities of Babylon are evident in
these paragraphs.
(10) Slaves (¶278-282). These paragraphs discuss the purchase and sale
of slaves.
A particular genre of Ancient Near Eastern literature is known as the
“law code.” Nine separately identifiable law codes are known to have
existed in the Old Testament era. Seven of them are in the form of
cuneiform documents: Ur-Nammu, Lipit-Ishtar, Eshnunna, Hammurabi,
Assyrian Laws, Hittite Laws, and Neo-Babylonian Laws. The other two
that are comparable are found in the Bible (Exodus 21:1-22:16;
Deuteronomy 21-25). All nine are remarkably similar in form and
content. All are casuistic in style, dealing with specific cases
with an if… then form.
What is the purpose for such law codes? Some scholars believe they are
more literary than legal. In this view their purpose was never
legislative. They were “royal apologia.” They were to lay before the
public, posterity, future kings, and the gods, evidence of the
king's execution of the divinely ordained mandates. Other scholars
say that the codes are “scribal exercises.” This views Hammurabi
more as a scribe than as a judge. Thus, his work is theoretical
literature designed to illustrate his wisdom. Others understand the
law codes to be from a tradition similar to compiling lists of
omens, medical prognoses, and other scientific treatises. The
purpose of these series was to act as reference works for the royal
judges in deciding difficult cases. This probably began as an oral
tradition and gradually became a systematic written corpus.
Significance The Hammurabi code resembles Hebrew law in form, style,
and general content. Thus some scholars believe the Hebrews were
influenced by Hammurabi's code through the Canaanites among whom
they settled.
Whatever the similarities, important differences are obvious. First,
the Hammurabi code presupposes an aristocratic class system that did
not prevail in Israel. Second, Israel could never have viewed the
state as the custodian of the law. Third, Hebrew law is
characterized by a more humane spirit. Fourth, Hebrew law maintains
a high ethical emphasis. Fifth, the pervading religious fervor makes
the Hebrew code unique. Sixth, Hebrew law is set within a covenant
relationship.
Gary D. Baldwin |
Copyright Statement
These dictionary topics are from the Holman Bible Dictionary,
published by Broadman & Holman, 1991. All rights reserved. Used by
permission of Broadman & Holman.
Bibliography Information
Butler, Trent C. Editor.. "Entry for 'HAMMURABI'". "Holman Bible
Dictionary".
<http://www.studylight.org/dic/hbd/view.cgi?number=T2498>. 1991.
|
|