A History of Ancient Near Eastern Law

(Romina) #1

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(LH 199)—the same compensation payable by the hirer of an ox
(LH 245, 247). For death by a goring ox or from a miscarriage or
distraint, the payment is fifteen to twenty shekels, or two slaves for
one if the distraint was illegal (LE 23, 55, 57; LH 116, 214, 252).
For the miscarried foetus, it is two to five shekels (LL f; LH 213).
For deflowering another’s slave girl, the payment is twenty shekels,
with the proviso that the slave remains the property of her master
(LE 31). This is to distinguish it from deflowering a free daughter,
where the penalty might have included forced marriage.

8.5.3 If an ox gored another ox, it was regarded as an accident,
without liability. The owners divided the value of the live ox and
the corpse of the dead ox (LE 53).

8.6 Perjury^210


False accusation and perjury by a witness are treated as the same
offense by the law codes (LL 17; LH 1–4). The sanction is talionic:
the same penalty that the accused would have suffered had he been
guilty. In a letter from Mari, an accuser (of treason?) is to suffer
death by burning if the accused survive the river ordeal.^211 In trial
records, the judges often impose a penalty (usually unspecified) on
one who brought a claim “without knowing,” that is, without good
grounds.^212 Where explicit, it was designed to shame: “they shaved
half his head, bored a hole through his nose, stretched out his arms
and led him around the city” (CT 45 18:14–16 = Veenker, 9–11).
A broken tablet records that women who gave false evidence suffered
a shaming punishment: “... they touched their cheek with.. ., they
tore offtheir headdresses.”^213 For a false oath by witnesses, see 3.3.3
above.

8.7 Slander


LL 17 imposes a payment of ten shekels for falsely impugning the
honor of a virgin. For impugning that of a wife, LH 127 prescribes

(^210) Petschow, “Calumnia.. .”; Abusch, “He should continue...”
(^211) ARM 28 20: Dossin, “Un cas d’ordalie...”
(^212) ina la idîm: CT 47 3:18, 63:48–49. Cf. LL 17: inim nu.zu.ni for an accusation.
(^213) Stol, “Falsches Zeugnis...”
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