420
8.4.2.3 A penalty closely associated with petty theft was ki““àtum
(Sum. zíz.da).^204 It took the form of a fixed payment to the owner
of the stolen property or of servitude with him in its stead—by the
thief himself or members of his family or his slaves (e.g., UCP 10/1
107 = Greengus, Ishchali.. ., 171–73). This servitude was regarded
as a type of debt slavery, and release was possible in the same ways
as from debt service (AS 20–21; LH 117–18).8.4.3 Theft
8.4.3.1 A case where the defendant was said to have stolen a field
and consumed its produce seems to have involved a false claim of
ownership, not merely theft of the crop (CT 8 6b = UAZP 268).
The standard punishment for theft of movables in LH was tenfold
(8, 265), but fivefold for misappropriation of goods consigned for
transport (112), and twofold for misappropriation of feed-grain by a
steward (254). If stolen grain is found in his possession, however, his
hand is cut off(253). Payments of three and five shekels are imposed
for theft of agricultural implements from the field (259–60).8.4.3.2 Theft of temple or palace property was an aggravated offense,
carrying the death penalty (LH 6; cf. TCL 11 245 = Wilcke,
“Diebe.. .,” 59). If, however, the thief took an animal or a boat,
not knowing at the time that it belonged to the temple or palace,
he pays thirtyfold. Only in the event that he cannot pay is the death
penalty specified (LH 8).8.4.3.3 Theft of a slave was no different from theft of a valuable
movable. The enigmatic provisions of LE 49 (“slave will lead slave”)
indicate a twofold penalty. Helping a slave to escape, harboring an
escaped slave, or holding him for oneself are all regarded as capi-
tal offenses by LH (15–16, 19–20). Even harsher is the punishment
for one who suborns a barber to remove the slave mark: he is killed
and hanged in his own doorway. The barber who acts knowingly
has his hand cut off(226–27). It is not clear whether LH regarded
these as theft or as special, more serious offenses. By contrast, in LL
12–13, the penalty for harboring (defined as keeping for one month)(^204) See Westbrook, “ki““àtum...”
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 420