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high. Thus, a thief had originally to pay thirty bulls for a stolen
bull, later reduced to fifteen (57).8.4.5 Compensation
Compensation is paid in two forms: replacement of the object (HL
74: a “good” ox in place of an injured one), or pecuniary payment
equal to the loss (77b). The first form is rare (approx. 5 percent of
the provisions in HL), covering only reimbursement of a betrothal
payment (28), restoration of stolen goods (95, 96, 97), and rebuild-
ing of a house or barn destroyed by fire (98, 100).8.4.6 An interesting mixture of compensation, fine and punishment
is found in HL 95. A semi-free thief caught by the victim must
replace as much as was stolen, pay a fine, and have his nose and
ears cut off. He may return to his master, provided the latter makes
the payments in question, that is, on the principle of noxal liability.^1078.4.7 Enforcement
8.4.7.1 If a penalty could not be paid, as was likely with multiple
restitution, the victim was entitled to obtain satisfaction from the cul-
prit by execution against his property. If the property were insufficient
for this purpose, there remained as a last resort execution of the
judgment debt against the person.8.4.7.2 The formula for this type of execution is “and he shall look
into his house,” found in numerous provisions of HL.^108 It means
that the judgment creditor can seize the property (“house”) of the
judgment debtor.^1098.4.7.3 Abuse of this right may be behind the provisions of HL
concerning unjustified seizure of pledge or distraint (164–5; see
8.2.1.7.1 above). If an animal seized under these circumstances dies,
then HL 76 applies, at least in cases of unjustified seizure.^110(^107) Haase, “Über Noxalhaftung.. .,” 419–21; Westbrook and Woodard, “Tuthaliya
IV.. .,” 656.
(^108) It is absent from the later version, KBo IV 4, with one exception (XII), which
may be a scribal error.
(^109) Haase, “Gedanken zur Formel...”
(^110) Haase, “76 (Pfandrecht).”
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