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The rule for borrowed animals in Exodus parallels Hammurabi's distinction between unavoidable losses and harm caused by the keeper. Responsibility depends on the cause and circumstances, so borrowing does not make every loss the borrower's fault.
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2500 BCE
1000+ CE
Code of Hammurabi 1:254
Babylonian Legal Text
Ancient Near East
243 As hire for herd cattle he shall pay three gur of grain to the owner. 244 If anyone hires an ox or a donkey, and a lion kills it in the open field, the loss falls on the owner. 245 If anyone hires oxen and kills them through mistreatment or blows, he shall compensate the owner, oxen for oxen. 246 If a man hires an ox and breaks its leg or cuts its neck tendon, he shall compensate the owner with an ox for the ox. 247 If anyone hires an ox and puts out its eye, he shall pay the owner half its value. 248 If anyone hires an ox and breaks off a horn, cuts off its tail, or injures its muzzle, he shall pay one-fourth of its value in money.
Exodus 22:14
Hebrew Bible
13 If it is torn in pieces, then he will bring it for evidence, and he will not have to pay for what was torn. 14 “If a man borrows an animal from his neighbor and it is hurt or dies when its owner was not with it, the man who borrowed it will surely pay. 15 If its owner was with it, he will not have to pay; if it was hired, what was paid for the hire covers it. 16 “If a man seduces a virgin who is not engaged and goes to bed with her, he must surely pay the marriage price for her to be his wife. 17 If her father refuses to give her to him, he must pay money for the bride price of virgins.
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Notes and References
“... Other laws in LH correlate more closely to the subject matter of Exodus 22:13–14. LH 244–249 are concerned with the death or injury of rented animals. The renter does not need to pay a penalty in the case of death by a predator or a sickness: “If a man rents an ox or donkey, and in the open country a lion kills it, [the loss belongs] to its owner” (šumma awīlum alpam imēram īgurma ina ērim nēšum iddūkšu ana bēlīšuma; LH 244); “If a man rents an ox, and a god strikes and kills it, the man who rented the ox shall swear a divine oath and shall not be held liable” (šumma awīlum alpam īgurma ilum imassuma imtūt awīlum ša alpam īguru nīš ilim izakkarma ūtaššar; LH 249). Payments are required if the renter kills or injures the animal by beating or carelessness (LH 245–248). In the case where the renter causes the animal’s death or serious injury, he only needs to restore a single animal of the same quality. CC’s laws are similar in that they require only the replacement of the animal, not multiple restitution as in cases of theft, as seen before. In short, it seems that we have here another case of crossreferencing. The sequential flow of topics in the latter part of Hammurabi’s laws (i.e., LH 268–271) raised the topic of animal rental for CC. These allowed CC to access the other laws on animal rental from LH 244–249. ...”
Wright, David P.
Inventing God's Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi
(p. 46) Oxford University Press, 2009
* 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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