The Old Testament In the Light of The Historical Records and Legends Part 45

115. If a man have (an account of) wheat or silver against a man, and make his distraint, and the person distrained(201) die, by his fate, in the house of the distrainer, that lawsuit has no claim.

116. If the person distrained die in the house of the distrainer by blows or by ill-treatment, the owner of the person distrained shall summon his agent;(202) and if (the person distrained) was the son of the man, they shall kill his (the distrainer's) son; if he was the servant (slave) of the man, he shall pay one-third of a mana of silver; and he shall forfeit whatever it may be, as much as he lent.

117. If a man has contracted a debt, and has given his wife, his son, (or) his daughter for the money, or has let (them) out for service, three years they shall serve the house of their purchaser or master, in the fourth year he shall grant their freedom.

118. If he let out a male or female slave for service, (and) the agent pa.s.s (them) on (and) give them for silver, there is no claim.

119. If a man has contracted a debt, and has sold his female-slave who has borne him children, the owner of the slave may (re)pay the silver which the agent has paid, and redeem his slave.

120. If a man has delivered his grain for storage in the house of a man, and a deficiency appears in the granary, or the master of the house has opened the storehouse and taken the grain, or he has disputed as to the total of the grain which was delivered at his house, the owner of the grain shall claim his grain before G.o.d, and the master of the house shall cause the grain which he has taken to be made up, and shall give (it) to the owner of the grain.

121. If a man has delivered grain (for storage) at the house of a man, he shall pay yearly 5 _qa_ of grain for every _gur_ (as) the price of the storage.

122. If a man give silver, gold, or anything else, to a man on deposit, he shall show the witnesses everything, whatever he gives; he shall make contracts, and (then) give (it) on deposit.

123. If he has given it on deposit without witnesses and contracts, and they dispute (this) to him where he gave it, that lawsuit has no claim.

124. If a man has given silver, gold, or anything else, to a man, before witnesses, on deposit, and (the man) dispute with him, he shall summon that man, and whatever he has disputed, he shall make up and give (back).

125. If a man has given his property on deposit, and where he gave (it), his property disappeared, with the property of the owner of the house, either through a breaking in or through a trespa.s.s, the master of the house which was in fault shall compensate for his property which he gave him on deposit and (which) was lost, and he shall make (it) up to the owner of the property. The master of the house shall seek his lost property, and take it from the thief.

126. If a man, his property not being lost, say that his property is lost, he shall bring forward his deficiency. As his property has not been lost, he shall state his deficiency before G.o.d, and whatever he has claimed they shall cause him to make up, and he shall give (it) to (make up) his deficiency.

127. If a man has caused the finger to be raised against a devotee or the wife of a man, and has not justified it, they shall set that man before the judges, and mark his forehead.

128. If a man has taken a wife, and has not made her contract,(203) that woman is not a wife.

129. If the wife of a man is taken in adultery with another male, they shall tie them together, and throw them into the water. If the owner of the wife spare his wife, and the king spare his servant....

130. If a man force the wife of a man who has not yet known a male, and (who) dwells in the house of her father, and has lain in her bosom, and they have found him, that man shall be killed, the woman shall be allowed to go.

131. If the wife of a man has been accused by her husband,(204) and he has not found her on the couch with another male, she shall swear by G.o.d,(205) and return to her house.

132. If, on account of another male, the finger has been pointed at the wife of a man, and she has not been found with another male on the couch, she shall plunge into the river for her husband('s sake).

133. If a man has been made captive, and there is in his house the wherewithal to eat, (and) his [wife] has [gone] forth [from] her [house], [and afterwards?] has [en]tered into another house, [as] that woman has not guarded her homestead, and has entered another house, they shall summon that woman, and throw her into the water.

134. If a man has been made captive, and there is not in the house the wherewithal to eat, his wife may enter another house; that woman is not in fault.

135. If a man has been made captive, and there is not in his house the wherewithal to eat,(206) (and) his wife has entered another house, and has borne children, (and) afterwards her husband return, and reach his city, that woman shall(207) return to her husband; the children shall go to their father.

136. If a man has abandoned his city and fled, (and) afterwards(208) his wife has entered another house, if that man return, and (wish to) take his wife, as he hated his city and fled, the wife of the deserter shall(209) not return to her husband.

137. If a man set his face to repudiate a concubine who has borne him children, or a wife who has caused him to have children, he shall return to that woman her (marriage) gift, and shall give to her the usufruct of field, plantation, and goods, and she shall bring up her children. After she has brought up her children, they shall give to her, from the property which has been given to her children, (a share of) the produce like (that of) one son, and she may marry the husband of her choice.(210)

138. If a man (wish to) repudiate his spouse, who has not borne him children, he shall give to her silver, as much as was her dower, and he shall restore to her the wedding-gift which she brought from the house of her father, and shall repudiate her.

139. If there be no dower, he shall give her one mana of silver for the repudiation.

140. If (he be) a poor man, he shall give her one-third of a mana of silver.

141. If the wife of a man, who dwells in the house of the man, set her face to go forth, commit foolishness (?), ruin her house, despise her husband, they shall summon her, and if her husband say: "I have divorced her," he shall let her go her way. (As for) her repudiation(-gift), nothing shall be given to her. If her husband say: "I have not repudiated her," her husband may marry(211) another woman; that woman shall dwell in her husband's house like a servant.

142. If a woman hate her husband, and say: "Thou shalt not possess me,"

her reason for that which she lacks shall be examined, and if she has been continent, and have no fault, and her husband go out, and neglect her greatly, that woman has no defect; she shall take her wedding-gift, and shall go to the house of her father.

143. If she has not been continent, and has gone about, she has ruined her house, (and) despised her husband; they shall throw that woman into the water.

144. If a man has married a wife, and that wife has given a maid-servant to her husband, and she has had children, (if) that man set his face to take a concubine, they shall not allow that man-he shall not take a concubine.

145. If a man has married a wife, and she has not caused him to have children, and he set his face to take a concubine, that man may take a concubine, (and) may introduce her into his house, (but) he shall not make that concubine equal with (his) wife.

146. If a man has married a wife, and she has given a maid-servant to her husband, and (the maid-servant) has borne children, (if) afterwards that maid-servant make herself equal with her mistress, as she has borne children, her mistress shall not sell her for silver; she shall place a mark(212) upon her, and count her with the maid-servants.

147. If she has not borne children, her mistress may sell her for silver.

148. If a man has married a wife, and a malady has seized her, (and) he has set his face to marry a second, he may marry. He shall not divorce the wife whom the malady has seized; she may stay in the house he has made, and he shall support her as long as she lives.

149. If that woman is not content to dwell in the house of her husband, he shall deliver to her her marriage-gift, which she brought from the house of her father, and she shall go her way.

150. If a man has presented to his wife a field, a plantation, a house, and property, (and) has left her a sealed tablet, after her husband('s death) her sons shall make no claim against her. The mother may give her property(213) to the son whom she loves,-to the brother she need not give.

151. If a woman who dwells in the house of a man contract with her husband, and cause (him) to deliver a tablet, so that a creditor(214) of her husband may not seize her, if that man have interest of money against him before he marries that woman, his creditor shall not seize his wife, and if that woman have interest of money against her before she enter the house of the man, her creditor shall not seize her husband.

152. If interest accrue against them after that woman has entered the house of the man, they shall both be responsible to the agent.

153. If the wife of a man cause her husband to be killed on account of another male, they shall impale that woman.(215)

154. If a man has known his daughter, they shall expel that man from the city.

155. If a man has chosen a bride for his son, and his son has known her, (and if) he (himself) then afterwards has lain in her bosom, and they have found him, they shall bind that man, and cast her into the water.(216)

156. If a man has chosen a bride for his son, and his son has not known her, and he (himself) has lain in her bosom, he shall pay her half a mana of silver, and shall restore to her whatever she brought from the house of her father, and she shall marry the husband of her choice.

157. If a man, after his father, has lain in the bosom of his mother, they shall burn them both.

158. If a man, after his father, be found in the bosom of her who brought him up, (and) who has brought forth children, that man shall be turned out of (his) father's house.

159. If a man, who has brought to his father-in-law's house furniture(217) (and) has given a dower, pay attention to another woman, and say to his father-in-law: "I will not marry thy daughter," the father of the girl shall take the property which has been brought to him.

160. If a man has brought furniture to the house of his father-in-law, (and) given a dower, and the father of the girl say: "I will not give thee my daughter," the property, as much as has been brought to him, he shall cause to be equal,(218) and shall return.

161. If a man has brought furniture to the house of his father-in-law, (and) given a dower, and his friend slander him, (and) his father-in-law say to the husband of the wife:(219) "Thou shalt not marry my daughter,"

he shall cause to be equal the property, as much as has been brought to him, and return (it), and his friend shall not marry his wife.

162. If a man has married a wife, (and) she has borne him children, and that woman has gone to (her) fate, her father shall have no claim upon her marriage-gift-her marriage-gift belongs to her sons.

163. If a man has married a wife, and she has not caused him to have children, (and) that woman has gone to (her) fate, if his father-in-law has returned to him the dower which that man took to the house of his father-in-law, her husband shall have no claim upon the marriage-gift of that woman-her marriage-gift belongs to the house of her father.