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infidelity by a betrothed woman.^195 In a Mari letter, a woman is
reported to admit sexual contact with a named man before mar-
riage but solemnly denies full intercourse with him.^1968.3.1.4 A woman accused of adultery by her husband but not caught
in the act could clear herself by an exculpatory oath (LH 131). If
she has “a finger pointed against her,” she must undergo the river
ordeal “for her husband” (LH 132).^1978.3.2 Rape
The OB law codes deal only with the rape of a betrothed woman
(i.e., after the ter¢atumhas been paid). It is a serious offense pun-
ishable with death for the culprit (LE 26; LH 130). From the pro-
visions of law codes of other periods, it is known that rape of an
unattached girl was considered far less serious, leading at most to
compulsory marriage.^1988.3.3 Seduction
SLEx 6'–7' contain provisions concerning the seduction of an unat-
tached daughter. Their translation is uncertain, but the possibility of
marriage with the seducer is mentioned.^1998.3.4 Incest
LH presents four cases of incest:- A man sleeps with his daughter. The father is banished; the daugh-
ter is apparently not punished (154). - A man sleeps with his daughter-in-law after consummation by his
son. He is drowned; she is not punished. Indeed, if it occurs be-
fore consummation, although the father-in-law is not punished, the
daughter-in-law is entitled to leave with her dowry and compen-
sation (155–56).
(^195) “... she does not keep herself chaste but goes out and about (la naßrat-ma
waßiat)”; see Westbrook, “Adultery.. .,” 570–76. Other scholars regard this as adul-
tery by a married woman; see 5.1.3 above.
(^196) ARM 26/1 488:29–41, as interpreted by Lafont, “AEM 1/1, 254...”
(^197) Most commentators assume that the context is a trial following a specific accu-
sation (e.g., Driver and Miles, Babylonian Laws, 284), but it may be the husband’s
right to demand that his wife clear herself of a bad reputation which brings shame
on him.
(^198) See Finkelstein, “Sex Offenses.. .,” 366–69.
(^199) Cf. ibid., 357–58, and Roth, Law Collections.. ., 44–45.
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