Saturday, November 18, 2006

In All Fairness

One of the essays I'm writing is an analysis of Aaron A. Reed's "Whom the Telling Changed", an Interactive fiction loosely based on the epic of Gilgamesh. In connection with that, trawling around the net for relevant information, I also came across Hammurabi and his code of laws, probably the oldest laws written down. Almost 4000 years ago they already know how to deal with thieves, adulterers and other low-lives. What applies to slaves I guess is not relevant today, but just hear what he had to say about marital life (just a few, random points; and bear in mind that the wife pretty much had to do what the man told her to):

128

  • If a man take a woman to wife, but have no intercourse with her, this woman is no wife to him.

131
  • If a man bring a charge against one's wife, but she is not surprised with another man, she must take an oath and then may return to her house.

133
  • If a man is taken prisoner in war, and there is a sustenance in his house, but his wife leave house and court, and go to another house: because this wife did not keep her court, and went to another house, she shall be judicially condemned and thrown into the water.

134
  • If any one be captured in war and there is not sustenance in his house, if then his wife go to another house this woman shall be held blameless.

135
  • If a man be taken prisoner in war and there be no sustenance in his house and his wife go to another house and bear children; and if later her husband return and come to his home: then this wife shall return to her husband, but the children follow their father.

136
  • If any one leave his house, run away, and then his wife go to another house, if then he return, and wishes to take his wife back: because he fled from his home and ran away, the wife of this runaway shall not return to her husband.

137
  • If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.

This sounds pretty good, but 139 sets me back again:
  • If there was no purchase price he shall give her one mina of gold as a gift of release.

And 141 makes it clear you have no chance of making your mans life so miserable he'd take the first step and rather run away:
  • If a man's wife, who lives in his house, wishes to leave it, plunges into debt, tries to ruin her house, neglects her husband, and is judicially convicted: if her husband offer her release, she may go on her way, and he gives her nothing as a gift of release. If her husband does not wish to release her, and if he take another wife, she shall remain as servant in her husband's house.

But you had to be pretty careful with accusations, just listen to 141 and 142:
  • If a woman quarrel with her husband, and say: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house.
  • If she is not innocent, but leaves her husband, and ruins her house, neglecting her husband, this woman shall be cast into the water.

And 235, one about ships, is pure genius:
  • If a shipbuilder build a boat for some one, and do not make it tight, if during that same year that boat is sent away and suffers injury, the shipbuilder shall take the boat apart and put it together tight at his own expense. The tight boat he shall give to the boat owner.

They sure know how to protect what was valuable to them; property, wifes, slaves, crop and ships. Or we could just say property to make it simple.

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