A History of Ancient Near Eastern Law

(Romina) #1

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The verb arnu-has long been a crux. Hoffner translates “bring
(for burial),” while Haase suggests “production” of the body, so as
to give the culprit the opportunity to refute any suspicion of ambush,
by display of the corpse.^86

8.2.1.3 Negligent Homicide
HL 3 and 4 deal with free and semi-free men and women who are
struck so hard that they die. It is said of the culprit, however, that
“his hand sins” (kessarsis wastai), the reference being to negligence,
probably with a tool or weapon. The penalty is half of that imposed
in HL 1 and 2.

8.2.1.4 Robbery
HL 5 and 3 punish the robbery and murder of a merchant from
Hattusa (as one of the manuscripts is careful to stress). The provi-
sion raises three problems.

8.2.1.4.1 The fine is one hundred minas of silver. This enormous
sum (according to HL 180, one can buy a mule for one mina) may
have been intended as a deterrent. Alternatively, it could be a scribal
error.^87 Nonetheless, the text must be taken as it stands.

8.2.1.4.2 After the fine, the formula parnasseya suwaizzi (“he shall
look into his house”) is added. Its meaning was long a matter of
dispute, but is now recognized as a right to levy execution against
the property of the culprit.^88 If the crime was committed in the ter-
ritory of Luwia or of Pala, the culprit must restore the stolen items
in addition to paying the fine.

8.2.1.4.3 The culprit must arnu-the body of the victim (see 8.2.1.2
above).

8.2.1.4.4 The later version in HL 3 includes robbery and mur-
der, killing in a quarrel, and negligent homicide. The fine for mur-

(^86) Haase, “ ‘Arnu’.. .,” 475–78; Hoffner, Laws.. ., 167. Note that comparison
with HL 76, adduced by Hoffner, supports Haase’s interpretation.
(^87) Haase, “Die Tötung eines Kaufmanns.. .,” 213–19.
(^88) Haase, “Gedanken zur Formel.. .,” 93–98.
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