The 1st dynasty of Babylon rose from insignificant beginnings. The history of the erstwhile province of Ur is traceable from about 1894 onward, when the Amorite Sumuabum came to power there. What is known of these events fits altogether into the modest proportions of the period when Mesopotamia was a mosaic of small states. Hammurabi played skillfully on the instrument of coalitions and became more powerful than his predecessors had been. Nonetheless, it was only in the 30th year of his reign, after his conquest of Larsa, that he gave concrete expression to the idea of ruling all of southern Mesopotamia by “strengthening the foundations of Sumer and Akkad,” in the words of that year’s dating formula. In the prologue to the Code of Hammurabi the king lists the following cities as belonging to his dominions: Eridu near Ur, Ur, Lagash and Girsu, Zabalam, Larsa, Uruk, Adab, Isin, Nippur, Keshi, Dilbat, Borsippa, Babylon itself, Kish, Malgium, Mashkan-shapir, Kutha, Sippar, Eshnunna in the Diyālā region, Mari, Tuttul on the lower Balīkh (a tributary of the Euphrates), and finally Ashur and Nineveh. This was on a scale reminiscent of Akkad or Ur III. Yet Ashur and Nineveh cannot have formed part of this empire for long because at the end of Hammurabi’s reign mention is made again of wars against Subartu—that is, Assyria.
Under Hammurabi’s son Samsuiluna (c. 1749–c. 1712 bce) the Babylonian empire greatly shrank in size. Following what had almost become a tradition, the south rose up in revolt. Larsa regained its autonomy for some time, and the walls of Ur, Uruk, and Larsa were leveled. Eshnunna, which evidently had also seceded, was vanquished about 1730. Later chronicles mention the existence of a state in the Sealand, with its own dynasty (by “Sealand” is understood the marshlands of southern Babylonia). Knowledge of this new dynasty is unfortunately very vague, only one of its kings being documented in contemporary texts. About 1741 Samsuiluna mentions the Kassites for the first time; about 1726 he constructed a stronghold, “Fort Samsuiluna,” as a bulwark against them on the Diyālā near its confluence with the Tigris.
Like the Gutians before them, the Kassites were at first prevented from entering Babylonia and pushed into the mid-Euphrates region; there, in the kingdom of Khana (centred on Mari and Terqa, both below the junction with the Khābūr River), a king appears with the Kassite name of Kashtiliashu, who ruled toward the end of the Babylonian dynasty. From Khana the Kassites moved south in small groups, probably as harvest workers. After the Hittite invasion under Mursilis I, who is said to have dethroned the last king of Babylon, Samsuditana, in 1595, the Kassites assumed the royal power in Babylonia. So far, the contemporary sources do not mention this epoch, and the question remains unresolved as to how the Kassite rulers named in king lists mesh with the end of the 2nd millennium bce.
Babylonian law
The Code of Hammurabi is the most frequently cited cuneiform document in specialized literature. Its first scholarly publication in 1902 led to the development of a special branch of comparative jurisprudence, the study of cuneiform law. Following the division made by the first editor, Jean-Vincent Scheil, the Code of Hammurabi contains 280 judgments, or “paragraphs,” on civil and criminal law, dealing in the main with cases from everyday life in such a manner that it becomes obvious that the “lawgiver” or compiler had no intention of covering all possible contingencies. In broad outline, the themes treated in the Code of Hammurabi are libel; corrupt administration of justice; theft, receiving stolen goods, robbery, looting, and burglary; murder, manslaughter, and bodily injury; abduction; judicature of tax lessees; liability for negligent damage to fields and crop damage caused by grazing cattle; illegal felling of palm trees; legal problems of trade enterprises, in particular, the relationship between the merchant and his employee traveling overland, and embezzlement of merchandise; trust monies; the proportion of interest to loan money; the legal position of the female publican; slavery and ransom, slavery for debt, runaway slaves, the sale and manumission of slaves, and the contesting of slave status; the rent of persons, animals, and ships and their respective tariffs, offenses committed by hired labourers, and the vicious bull; family law: the price of a bride, dowry, the married woman’s property, wife and concubine, and the legal position of the respective issue, divorce, adoption, the wet nurse’s contract, and inheritance; and the legal position of certain priestesses.
Diorite stela inscribed with the Code of Hammurabi, 18th century bce.Art Media/Heritage-Images/age fotostock
A similar if much shorter compendium of judgments, probably antedating that of Hammurabi by a generation or two, has been discovered in Eshnunna.
Hammurabi, who called his own work dīnāt mīŷarim, or “verdicts of the just order,” states in the epilogue that it was intended as legal aid for persons in search of advice. Whether these judgments were meant to have binding force in the sense of modern statutes, however, is a matter of controversy. The Code of Hammurabi differs in many respects from the Code of Lipit-Ishtar, which was written in Sumerian. Its most striking feature lies in the extraordinary severity of its penalties and in the principle of the lex talionis. The same attitude is reflected in various Old Babylonian contracts in which defaulters are threatened with bodily punishment. It is often said, and perhaps rightly so, that this severity, which so contrasts with Sumerian judicial tradition, can be traced back to the Amorite influence.
There is yet another way in which the Code of Hammurabi has given rise to much discussion. Many of its “paragraphs” vary according to whether the case concerns an awīlum, a muškēnum, or a wardum. A threefold division of the populace had been postulated on the basis of these distinctions. The wardum is the least problematic: he is the slave—that is, a person in bondage who could be bought and sold, unless he was able to regain his freedom under certain conditions as a debtor-slave. The muškēnum were, under King Hammurabi at least, persons employed by the palace who could be given land in usufruct without receiving it as property. Awīlum were the citizens who owned land in their own right and depended neither on the palace nor on the temple. As the Soviet scholar Igor M. Diakonov has pointed out, the distinction cannot have been very sharply drawn, because the classes awīlum and muškēnum are not mutually exclusive: a man in high palace office could fairly easily purchase land as private property, whereas the free citizen who got into debt as a result of a bad harvest or some other misfortune had one foot in the slave class. Still unanswered is the question as to which segment of the population could be conscripted to do public works, a term that included the levy in case of war.
Ammiṣaduqa (c. 1646–c. 1626 bce) comes a century and a half after Hammurabi. His edict, already referred to, lists, among others, the following social and economic factors: private debts in silver and grain, if arising out of loans, were canceled; also canceled were back taxes that certain officials owed the palace and that had to be collected from the people; the female publican had to renounce the collection of outstanding debts in beer and barley and was, in turn, excused from paying amounts of silver and barley to the king; taxes on leased property were reduced; debt slaves who had formerly been free (as against slaves made over from debtor to creditor) were ransomed; and high officials were forbidden on pain of death to press those who held property in fee into harvest work by prepayment of wages. The phrase “because the king gave the land a just order” serves as a rationale for many of these instances. In contrast to the codes, about whose binding force there is much doubt, edicts such as those of Ammiṣaduqa had legal validity since there are references to the edicts of other kings in numerous legal documents of the Old Babylonian period.