7.7 Oath
The promissory oath is used to secure a wide variety of unilateral
obligations. The most important is not to abscond (BE 3/1 1; YOS
4 14). The penalty for breach is to become a criminal (“er 7 .da), the
consequences of which are unstated. In NATN 366, the penalty of
“crime of the king” (“er 7 -da lugal) is invoked for breach of a promise
to pay (barley). In NG 20, the oath secures a promise not to sue.- C D^137
8.1 Homicide
According to LU 1, the penalty for homicide is death. The law in
practice was, if anything, harsher; in NG 41, it appears that the
murderer was killed and his estate, wife, and children handed over
to the sons of the victim. It was possible to plead self-defense (NG
202:15–20).
The penalty for causing a miscarriage to a free woman (“daugh-
ter of a man”) is thirty shekels, but if the woman dies, it is death
(LU 23'). If the victim is a slave woman, the penalties are five shekels
and a substitute slave, respectively (LU 24').8.2 Injury
LU 18'–21' contain a tariff of payments for various injuries. The
only certain example is cutting offa nose, for which the penalty is
forty shekels.8.3 Sexual Offences
8.3.1 LU 6 punishes the rape and defloration of a married (=
betrothed?) virgin with death. For the same offence against a slave
girl, the penalty is five shekels (LU 8).8.3.2 LU 7 deals with the case of a married woman who follows
a man and sleeps with him. She is put to death; the man is freed.(^137) Falkenstein, GerichtsurkundenI.. ., 129–33; Neumann, “Gerechtigkeit.. .”; Wilcke,
“Diebe...”
- ( ) 219
WESTBROOK_F5_182-226 8/27/03 1:42 PM Page 219