559
8.8 Domestic Jurisdiction
Maltreatment of a wife by her husband may not exceed the muti-
lations listed in Tablet A, which constitute upper limits (MAL A
57).^145 Apart from these punishments for prescribed offenses, he may
whip his wife, pull out her hair or crush her ears—all disciplinary
measures pertaining to his everyday domestic authority (MAL A 59).
Domestic jurisdiction thus appears to be tightly controlled by the
state.^146 Statutory provisions authorizing the husband or the father
to punish his wife or daughter at his discretion (e.g., MAL A 5, 16,
23, 56) do not recognize a power of life and death; that is exclu-
sively the king’s prerogative.^147 Thus, a woman of the harem has the
right to discipline her servant by striking her, but will be punished
by the king if the slave dies from her blows (Edict 18). Only a crime
of passion is excused, where the husband kills an adulterous couple
caught in flagrante delicto. Assyrian law has noxal liability: a crime
by a subordinate member of household against a third party obliges
the head of household to hand them over to the victim for revenge
or to ransom them (MAL A 5 and 24 for a thieving wife or a wife
who harbors a runaway).8.9 Witchcraft
On witchcraft, see 3.3.3 above.
8.10 Blasphemy
A woman who utters blasphemy, intentionally or not,^148 bears sole
responsibility for her statements (MAL A 2). A proven offense of
blasphemy or of defilement of the temple is punishable with beat-
ing and corvée (MAL N 1). The same penalties presumably apply
for slanderous accusation of the same offenses, applying the princi-
ple of equivalency of punishment for false accusation, but confirmation(^145) Otto, “Rechtsreformen.. .,” 248–49.
(^146) Otto, “Einschränkung...”
(^147) Yaron, “Vitae.. .”; Westbrook, “Life.. .,” 64ff.
(^148) MAL A 2:16–18: “illata taq†ibilu miqit pî tarti“i, “has uttered blasphemy or has
had a slip of the tongue (against the god).” The latter expression refers to state-
ments the gravity of which the speaker has not grasped, due to her youth or lim-
ited mental capacity. Cf. Lafont, Femmes.. ., 447–48, with bibliography of other
interpretations of miqit pî ra“û.
WESTBROOK_f13–521-563 8/27/03 12:27 PM Page 559