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Deuteronomy 19 follows established ancient Near Eastern legal traditions, found in the Code of Hammurabi, by judging false accusation by the punishment the witness intended. The Code of Hammurabi sets a precedent by making this its first law.
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2500 BCE
1000+ CE
Code of Hammurabi
Babylonian Legal Text
Ancient Near East
When Marduk sent me to rule over men and to give the land the protection of justice, I did what was right and just and promoted the well-being of the oppressed. 1 If anyone accuses another of a capital crime but cannot prove it, the accuser shall be put to death. 2 If anyone brings an accusation against a man, and the accused goes to the river and leaps into it: if he sinks in the river, his accuser shall take possession of his house. But if the river proves him innocent and he escapes unhurt, the one who brought the accusation shall be put to death, and the one who leaped into the river shall take possession of his accuser's house. 3 If anyone brings an accusation of a crime before the elders and does not prove the charge, and the charge carries the death penalty, he shall be put to death. 4 If he convinces the elders to impose a fine of grain or money, he shall receive the fine that the case produces.
Deuteronomy 19:16
Hebrew Bible
15 A single witness may not testify against another person for any trespass or sin that he commits. A matter may be legally established only on the testimony of two or three witnesses. 16 If a false witness testifies against another person and accuses him of a crime, 17 then both parties to the controversy must stand before the Lord, that is, before the priests and judges who will be in office in those days. 18 The judges will thoroughly investigate the matter, and if the witness should prove to be false and to have given false testimony against the accused, 19 you must do to him what he had intended to do to the accused. In this way you will purge the evil from among you. 20 The rest of the people will hear and become afraid to keep doing such evil among you. 21 You must not show pity; the principle will be a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, and a foot for a foot.
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Notes and References
"... The law of retaliation as a punishment for false witnesses is also found in the Code of Hammurabi, a law code from 18th-century BCE Babylonia ... The Code of Hammurabi of Babylon, dating to ca. 1750 BC, begins with the necessity of having a truthful witness as its very first legal determination. ..."
* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.
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