A History of Ancient Near Eastern Law

(Romina) #1

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8.1.3.2 The owner of a wall whom the local authority had warned
of its dangerous condition is to suffer death himself if the wall col-
lapses and kills even a son (LE 58). The collapse of a building is
punished by the death of the negligent builder if it killed the house-
holder, or of the builder’s son if it killed the householder’s son (LH
229–30). These more harsh provisions may have been imposed
because an inanimate object was considered more directly control-
lable than an animal.^186

8.2 Injury


8.2.1 Intentional^187
LE 42–47 contain list of injuries to different parts of the body, with
a tariffof payments ranging from sixty shekels for biting offa nose
to ten shekels for a slap in the face. LH 196–205 contain a similar,
if shorter, list but with a different and more complex scale of pun-
ishments. For knocking out an awìlum’s eye or tooth or breaking his
bone, the penalty is talion—the same injury inflicted on the culprit.
If the victim is a mu“kènum, however, a tariffof payments applies as
in LE. The gradations for a slap in the face are yet more subtle:
an awìlumwho slaps an awìlumof higher status receives sixty lashes
in the assembly; if his equal, he pays sixty shekels. A mu“kènumwho
slaps a mu“kènumpays ten shekels; a slave who slaps an awìlum has
his ear cut off(202–5). A trial document records a payment of 3
1/3 shekels, but this may have been a compromise after a dispute
over evidence.^188

8.2.2 Unintentional
The procedure following homicide committed in a brawl (LH 207)
applies equally to inflicting a wound. The culprit must swear the
same oath that he did not intend the consequences. Thereupon, his
only obligation is to pay for the doctor (LH 206).

(^186) See discussion by Yaron, Eshnunna.. ., 300–303.
(^187) Cardascia, “Le caractère volontaire...”
(^188) San Nicolò, “Parerga...”
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