8.6.1.2.1 It is to be noted that collective punishment was a rare
form of punishment, which is associated only with offenses against
gods and kings.8.6.1.3 According to Exodus 21:28, 32, an ox that gores a man to
death is to be stoned and its flesh not eaten. It has been suggested
that this sentence is imposed because the animal has killed a supe-
rior in the cosmic order, namely a human being.^55
Offenses compromising the social order are:8.6.1.4 Disobeying judges and officials, which was punishable with
death (HL 173; Deut. 17:12).8.6.1.5 Adultery was a serious offense by the wife against her hus-
band. Called the “great sin” in a number of societies, it was regarded
in some way as analogous to treason.^56 It gave the husband a broad
discretion in punishing his wife, ranging from death through muti-
lation to divorce with confiscation of all her property. Adultery, how-
ever, was a complex crime, and other elements limited the husband’s
exercise of his discretion (see below).8.6.1.6 Cursing, striking, or disobeying a parent was punishable
with variable severity in different systems, ranging from death through
mutilation to disinheritance (cf. Exod. 21:15, 17; Lev. 20:9; Deut.
21:18–21; LH 195).
Note that in the last two cases, the law intrudes into inner-family
relations, with the courts determining the offense and limiting the
disciplinary discretion of the head of household.^57 MAL further limit
the right of a husband to discipline his wife by maltreatment or
mutilation.8.6.2 Serious Wrongs^58
Serious wrongs comprise what in modern law would be the princi-
pal crimes: homicide, injury, rape, perjury, theft. The category also
includes insult and slander, which would be regarded only as civil
wrongs, and adultery. All carried a high degree of moral culpability.(^55) Finkelstein, The Ox That Gored, 26–29.
(^56) Rabinowicz, “Great Sin.. .”; Moran, “Great Sin...”
(^57) Cf. Roth, “Mesopotamian Legal Traditions.. .,” 26–27.
(^58) Westbrook, Studies.. ., 39–128.
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