A History of Ancient Near Eastern Law

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persons, the twofold penalty was imposed on each thief, as in JEN
334 (1 horse is stolen by a man and a woman; each of them is con-
demned to pay 2 horses) and EN 9/1 417 (three men steal 1 ox;
each is fined 2 oxen).

8.3.3 Theft of Wood
Penalties for stealing wood were particularly severe: thirty-three yokes
and one ox (see HSS 9 8 and 12). No doubt, good quality wood—
such as that used for manufacturing yokes—was a highly valuable
item.

8.3.4 Burglary and Aggravated Theft
Damages were set at one mina of silver, the equivalent of two oxen,
two asses, and twenty sheep. Aggravating circumstances were of var-
ious kinds. A recurrent case is that of burglary at night; for exam-
ple, the theft of wood from an orchard, dealt with in HSS 9 141.
In EN 9/1 405, three men stole straw from the palace granary at
night; each of them is condemned to pay two oxen, two asses, and
twenty sheep. In EN 9/1 437, the theft at night of two trees from
an orchard is punished with a double penalty: two minas of silver,
the equivalent of four oxen, four asses, and forty sheep. The stan-
dard penalty is also imposed on an adopted son who burgled his
adoptive father’s house and took various personal items (HSS 5 47),
a watchman on duty at the city gate who stole someone else’s char-
iot equipment ( JEN 358), and a person who stole from the granary
barley that had been entrusted to his care ( JEN 386).

8.3.5 Breaking and Entering
The penalty was ten oxen. In JEN 359, for example, a person is
condemned for having entered someone else’s house without the
owner’s knowledge and permission. Where the offence involved break-
ing the seals on the doors in order to enter a building, the thief had
to return or refund the stolen property in addition to paying a penalty
of one ox; see, for example, JEN 342 (theft of straw from a sealed
barn) and JEN 381 (two men steal barley from a sealed granary;
the additional penalty consists of a pair of oxen). Note that in JEN
347 the penalty for stealing a sheep after entering a sheepfold(?) con-
sists of twelve sheep (the rule for theft of small animals) plus one ox.

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