against the gods. The pollution might not be as widespread as in
serious crimes of the previous category, but the authorities had an
interest in removing it. In addition, they were responsible for com-
pensating the victims of unsolved robberies and murders, as we have
seen (LH 23; Ugarit: RS 20.22:40–55; Deut. 21:1–9). Their inter-
vention would thus be expected. It still did not amount to the role
expected of the modern state—to proceed against criminals irre-
spective of the wishes of the victims or their families. In ancient law,
the latter were the ultimate right-holders.^60
The fundamental characteristics of the major offenses in this cat-
egory are reviewed below. Not every legal system applied them in
their entirety, but they formed the conceptual framework within
which the different systems functioned.8.6.2.1 Homicide
Murder was thought to cause the loss of the victim’s blood (the sym-
bol of his life) to the family. They could get the blood back by killing
the culprit. Terms for the avenger, generally the nearest male rela-
tive, reflect this understanding: he was called the “owner/redeemer
of the blood/life.” Alternatively, he could accept payment. If there
were mitigating circumstances, such as lack of premeditation or low
status of the victim, the victim’s family was entitled to a lesser penalty,
for example, vicarious talion or a payment fixed by the court. A
scholarly problem found in several codes was the owner’s liability
for death caused by a goring ox (LE 53–58; LH 250–52; Exod.
21:28–32).^618.6.2.2 Injury is typically dealt with in the law codes by lists of
body parts, with talionic punishments or a tariffof payments or both.
Inclusion in the lists of the biting offa nose and references to an
affray (Akk. risbàtum) are indications that deliberate wounding was at
issue. Furthermore, inclusion among the injuries of a slap in the face
shows that these offenses were as much about insult as about injury.^62
Negligent injury was not considered, at least not in the codes, unless
it was also a breach of contract. Where a surgeon’s negligence caused(^60) Some biblical scholars regard biblical law as special in this regard, e.g.,
Greenberg, “Some Postulates...”
(^61) Yaron, “Goring Ox...”
(^62) See Roth, “Mesopotamian Legal Traditions.. .,” 25–37.
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