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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 takes a wife, and she gives her husband a slave woman who bears him children, and the man then decides to take a second wife, this shall not be permitted to him; he shall not take a second wife. 145 If a man takes a wife and she bears him no children, and he decides to take a second wife: if he takes the second wife and brings her into the house, the second wife shall not be allowed equality with his wife. 146 If a man takes a wife, and she gives this man a slave woman as a wife who bears him children, and the slave woman then claims equality with the wife: because she has borne him children, her mistress shall not sell her for money, but she may keep her as a slave and count her among the slave women. 147 If she has not borne him children, her mistress may sell her for money. 148 If a man takes a wife and she is seized by disease: if he then decides to take a second wife, he shall not put away the wife the disease has struck; she shall live in the house he has built, and he shall support her as long as she lives.
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.
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Notes and References
“… 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. …”
Tollington, Janet E.
"Abraham and His Wives" in Gordon, Robert P. and de Moor, Johannes C. (eds.) The Old Testament in Its World
(pp. 187-188) Brill, 2005
* 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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