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Genesis 16 describes Sarai giving her slave Hagar to Abram to bear children on her behalf. The Code of Hammurabi contains a parallel law governing what happens when a wife provides her husband a maid-servant as a surrogate.
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2500 BCE
1000+ CE

Code of Hammurabi

Babylonian Legal Text
Ancient Near East
144 If a man take a wife and this woman give her husband a maid-servant, and she bear him children, but this man wishes to take another wife, this shall not be permitted to him; he shall not take a second wife 145 If a man take a wife, and she bear him no children, and he intend to take another wife: if he take this second wife, and bring her into the house, this second wife shall not be allowed equality with his wife 146 If a man take a wife and she give this man a maid-servant as wife and she bear him children, and then this maid assume equality with the wife: because she has borne him children her master shall not sell her for money, but he may keep her as a slave, reckoning her among the maid-servants 147 If she have not borne him children, then her mistress may sell her for money 148 If a man take a wife, and she be seized by disease, if he then desire to take a second wife he shall not put away his wife, who has been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives
Date: 1750 B.C.E. (based on scholarly estimates)

Genesis 16:2

Hebrew Bible
1 Now Sarai, Abram’s wife, had not given birth to any children, but she had an Egyptian servant named Hagar. 2 So Sarai said to Abram, “Since the Lord has prevented me from having children, please sleep with my servant. Perhaps I can have a family by her.” Abram did what Sarai told him. 3 So after Abram had lived in Canaan for ten years, Sarai, Abram’s wife, gave Hagar, her Egyptian servant, to her husband to be his wife. 4 He slept with Hagar, and she became pregnant. Once Hagar realized she was pregnant, she despised Sarai.
Date: 5th Century B.C.E. (Final composition) (based on scholarly estimates)
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Notes and References

#5385
“… The idea of this ancient form of surrogate motherhood seems to be attested in the Code of Hammurabi § 146, although there it applies to the marriage of a nadītu, a woman who was attached to a temple and not permitted to bear children. Such a woman’s husband could take a second wife to be the mother of his children, but this situation could be forestalled if she gave him a slave who would be regarded as an ‘incubator’ in place of the real wife. Any children would be deemed to belong to the wife. The idea that the Genesis account is linked to the Hammurabi material is supported by Sarai’s treatment of Hagar as an ordinary slave, which accords with the expectations of law Code of Hammurabi § 146. The occurrence of this form of surrogacy in ancient Israel is also attested in Genesis 30:1-12 in relation to Rachel and Leah, and Bilhah and Zilpah, where the children of the latter pair are regarded as belonging to the ‘real’ wives of Jacob. …”

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