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- A man sleeps with his mother after his father’s death. Both are
burned (157). - A man sleeps with his father’s principal wife who has borne chil-
dren (evidently his stepmother)^200 after his father’s death. He is dis-
inherited (158).
8.4 Theft and Related Offenses^201
8.4.1 Definition
The native terminology for theft (vb. “aràqum) is used not only for
taking away but also for misappropriation of goods entrusted to one’s
care and for receiving goods that one knew or ought to have known
were stolen.8.4.2 Sanctions
8.4.2.1 Some provisions of LH demand death for simple theft or
receiving, whereas others merely exact a payment. The earlier codes
and the documents of practice speak only of payments (or servi-
tude—see below). These contradictions have been explained as the
result of an historical development or of different geographically or
ethnically based systems.^202 In our view, the death penalty existed in
all these systems as a theoretical possibility but occurred only rarely
in practice, for aggravated forms of theft or where the thief was
unable to pay a large pecuniary penalty (AS 7; LH 8, 256; TIM 4
33). In LH, its use for simple theft may in part be hyperbolic, but
in part may be attributed to the theoretical nature of some of the
discussions.^2038.4.2.2 The typical penalty in the law codes was a multiple of the
item stolen, ranging from twofold to thirtyfold. There are also fixed
sums. It is possible that some of the sums found in documents of
practice represent multiples.(^200) Following Roth’s translation, Law Collections.. ., 111.
(^201) Leemans, “Theft and Robbery.. .”; Westbrook and Wilcke, “Liability...”;
Wilcke, “Diebe...”
(^202) Reviewed in Westbrook and Wilcke, “Liability.. .,” 111–13, 119.
(^203) Westbrook, Studies.. ., 121–23.
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