Texts in Conversation

In the Code of Hammurabi a burglar who breaks into a house is put to death for it. Exodus 22 describes the same break-in, but the burglar's death is not the sentence: the law asks whether the man who struck him carries blood guilt.
Share:
2500 BCE
1000+ CE

Code of Hammurabi 1:44

Babylonian Legal Text
Ancient Near East
19 If he keeps the slaves in his house and they are caught there, he shall be put to death. 20 If the slave he caught runs away from him, he shall swear an oath to the slave's owners, and he is free of all blame. 21 If anyone breaks a hole into a house to break in and steal, he shall be put to death in front of that hole and be buried there. 22 If anyone is caught committing a robbery, he shall be put to death. 23 If the robber is not caught, the one who was robbed shall declare under oath the amount of his loss; then the city and the governor in whose territory and district the robbery took place shall compensate him for the stolen goods.
Date: 1750 B.C.E. (based on scholarly estimates)

Exodus 22:2

Hebrew Bible
1 (21:37) “If a man steals an ox or a sheep and kills it or sells it, he must pay back five head of cattle for the ox, and four sheep for the one sheep. 2 “If a thief is caught breaking in and is struck so that he dies, there will be no blood guilt for him. 3 If the sun has risen on him, then there is blood guilt for him. A thief must surely make full restitution; if he has nothing, then he will be sold for his theft. 4 If the stolen item should in fact be found alive in his possession, whether it be an ox or a donkey or a sheep, he must pay back double.
Date: 5th Century B.C.E. (Final composition) (based on scholarly estimates)
Search:

Notes and References

#6398
“... CC’s law corresponds with LH 21 in describing the burglary as an act of digging through or boring; its noun [...] corresponds with the Akkadian verb palāšum “to dig” and noun pilšum “digging through, tunneling.” In contrast to LH 21, LE 13 does not mention tunneling. [...] Both CC and LH 21 also present the killing of the burglar as the primary case, as opposed to LE 13, where the killing appears in the second law in the series. [...] The primary contrasts in CC’s law are its mention of “blood,” referring to bloodguilt or blood vengeance, and putting the death of the burglar in the protasis. LH 21 and LE 13 place his death—an on-the-spot execution—in the apodosis. In CC, the death is a condition that leads to a judgment about whether there is bloodguilt or vengeance. Therefore, CC’s law is less about burglary and more about homicide. It thus augments the theme of the laws in 21:12–32. ...”

* 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.

Your Feedback:

Leave a Comment

Do you have questions or comments about these texts? Please submit them here.

Anonymous comments are welcome. All comments are subject to moderation.

Find Similar Texts

Search by the same Books

Search by the same Reference

Compare the same Books

Compare the same Text Groups

Glossary

Go to Intertext