A History of Ancient Near Eastern Law

(Romina) #1
The language of the law indicates, as an analogous ruling in the
Middle Assyrian Laws (A 14) confirms, that intercourse took place
away from the matrimonial home, and the man was therefore unaware
of the woman’s marital status. One copy of the text explicitly says
“the man (i.e. the husband) shall kill her,” suggesting that it is a
right rather than a fixed punishment. This would accord with a trial
report, in which a woman who confesses to adultery is divorced (NG
205:18–26).

8.4 Theft and related offences


The term for “thief ” (lú-im-zu¢) also covers other offenses of dis-
honesty, such as fraud and perjury.

8.4.1 Theft was punishable either with servitude to the victim (NG
203:1–6, and 21–22) or with a payment (zíz-da),^138 often a multiple
of the thing stolen (NG 186: 1'–15': tenfold; MVN 3 219 = Steinkeller
S. 1: fourfold). Servitude may have been the alternative where the
culprit was unable to pay the penalty.^139 Where the thief was a slave,
the owner had noxal liability, that is, to transfer the slave to the vic-
tim (NG 126).
Fraudulent sale of a slave whom the seller had already sold to
another was treated as theft (NG 69). Embezzlement of fish destined
for the palace was visited with almost a fourteenfold penalty (NG
189:1–10). Embezzlement by a priest of sacrificial offerings was pun-
ishable with death.^140
The innocent purchaser of stolen goods might be liable to the
same punitive payments as the thief (in the latter’s absence), but
could recoup his expenditure from the seller.^141

8.4.2 Robbery (sa-gaz), unlike other crimes, appears to have attracted
police action by the public authorities.^142 Nonetheless, an individual
swore an oath to the court that he would bring the real culprit by

(^138) SNATBM 373; see Wilcke, “Lesung...”
(^139) Westbrook, “zíz.da...”
(^140) Roth, “Reassessment.. .” = Lafont, “Les textes judiciaires.. .,” no. 9.
(^141) MVN 3 219 (= Steinkeller S.1); see Westbrook and Wilcke, “Innocent
Purchaser...”
(^142) See Wilcke, “Diebe.. .,” 56.
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