Terms in this set (65)

...1. Parallels in Ancient Near Eastern Law
a. Hammurabi Law #209,210 is similar to Exodus 21:22-23. Both relate to the case of one man striking a pregnant woman and causing a miscarriage. There are many differences, though. First of all, the monetary penalty is a standard of ten shekels in Hammurabi's Code, whereas in the Torah it is determined by the woman's husband. Hammurabi's Code is written from the perspective of the girl's father, not her husband. In the Torah, the fight began as a struggle between two men that affected this woman inadvertently, and in Hammurabi's Code there is no such inadvertency. Lastly, in the event of the woman's death, the Torah mandates capital punishment for the killer; Hammurabi requires taking the life of the killer's daughter (reciprocal vicarious punishment).
b. Eshnunna Law #54 is similar to Exodus 21:29, except that Eshnunna mandates a standard rate of silver, whereas the Torah demands that the often-goring ox be put to death, and the owner shall die as well; the owner can escape this fate by paying כפר value).
c. Hammurabi #129 and Numbers 5 both address the fate of a married woman who has been caught lying with another man. The Torah prescribes the complicated process of Sotah, culminating in her drinking the Sotah water to test her for wrongdoing. Hammurabi mandates a different test, of trial by water. In both cases, the husband may turn a blind eye, but in the Torah, if someone else catches her, then the husband no longer has this prerogative. Additionally, in Hammurabi's law, if the husband forgives his wife, then the King may pardon the other man.
d. Hittite Law #1 rules that if someone commits manslaughter in a quarrel, he must make restitution by paying slaves and pledge his land as security. The Torah (Exodus 21:12) says that such a person must die.
e. Hittite Law # 44 rules that if one kills another by pushing him into fire, he shall give his son. The Torah never allows such vicarious punishment, but rules unequivocally in all cases of murder and manslaughter (as in Exodus 21:12 above) that the killer must die.
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