A History of Ancient Near Eastern Law

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8.1.2 Non-premeditated

8.1.2.1 A fatal blow given in the course of a brawl was not con-

sidered to be on the same level as premeditated killing. LE 47A

requires a payment of forty shekels and LH 207 one of thirty shekels

for the death of the son of an awìlum in this way. LH specifically

requires an oath that the blow was not intentional (as to its conse-

quences).

8.1.2.2 For a blow to the pregnant daughter of a man leading to

a miscarriage, the codes demand a payment, varying according to

whether:

1. it was a mere push (SLEx 1: 10 shekels) or a deliberate blow (SLEx
   2: 20 shekels; LL “d”: 30 shekels);


2. the woman was daughter of an awìlum(LH 209: 10 shekels) or of
   a mu“kènum(LH 211: 5 shekels).

If the woman herself dies, LL “e” demands the death of the cul-

prit; LH 210, death of the culprit’s daughter if the victim was daugh-

ter of an awìlum; if of a mu“kènum, a payment of thirty shekels.

8.1.2.3 For causing the death of a distrainee through beating or

abuse, LH 116 demands the death of the culprit’s son if the victim

was the debtor’s son. LE 24 regards a false claim of debt to be an

aggravating factor: the culprit himself is to be killed, whether the

victim was the wife or son of the purported debtor.

8.1.3 Indirect

The codes discuss cases where a non-human agent causes death

through negligence of the person responsible for it.

8.1.3.1 An ox kills a person by goring.^185 If the ox was proceeding

down the street in a normal way, its owner is not liable (LH 250).

However, if the ox is a known gorer and the local authority warns

the owner, he is liable. If he fails to take precautions, LE 54 imposes

a payment of forty shekels if the ox kills a man; LH 251, thirty

shekels if it kills the son of an awìlum. LE 56 applies the same rule

to a vicious dog.

(^185) Finkelstein, The Ox that Gored.. ., 21–25; Yaron, Eshnunna.. ., 291–303.
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