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Introduction
The code of Hammurabi is perhaps one of the earliest recorded attempts of humans to create a standardized justice system. Although most of the code’s provisions are considerably harsh, considering the time that the code was made, it can be considered as revolutionary. The code of Hammurabi was named after its author, King Hammurabi of Babylon. Historians believe that Hammurabi descended from the Sumu-abum dynasty of Ancient Babylon in 1894 B.C.. He ruled the city state of Babylon, the present day Iraq, between 1792 and 1750 B.C. Hammurabi was the sixth ruler of Babylon and was attributed with expanding the Babylonian empire to include the whole of southern Mesopotamia. The code of Hammurabi is one of the oldest artifacts that were unearthed in present day Iran. In fact it dates older than the biblical laws of Moses in Exodus which came 500 years after Hammurabi wrote his famous code. Because of some distinct similarities between the coded of Hammurabi and the biblical laws found in the book of Exodus, there is an ongoing controversy, which states that the Law of Moses was somehow copied from Hammurabi’s code. Is there a possibility that Moses may have copied the law from the code of Hammurabi? Or perhaps, he must have been influenced at some extent by the code. In asserting the possibility that Moses might have been influenced by the code of Hammurabi would challenge the belief that he was divinely inspired and that the commandments in Sinai were written by a divine being. However, the cultural exchanges between the people of ancient Mesopotamia would make it hard to ignore that there is indeed a possibility that Moses’s book of Exodus would have been largely inspired by Hammurabi.
King Hammurabi
Mesopotamia’s social and political climate may have significantly influenced the codification of the laws that are already being practiced by rulers in ancient Babylon. Wars and conflicts often occur between groups of people in the region. In such instances, sacking, looting, murder and other undesirable behavior have been observed. Hammurabi inherited a kingdom that is being threatened by war and invasion in almost all directions. As observed by Sasson, Hammurabi’s kingdom is being threatened by the north where a powerful kingdom is rising as well as in the east where the kingdoms of Eshnunna and Elam could become a potent threat. Six years after he was crowned as king, Hammurabi led a military campaign against his neighboring kingdoms. One after another, Hammurabi was able to conquer surrounding kingdoms, increasing his territory and became a dominant power in southern Mesopotamia. Aside from being a conqueror, Hammurabi is a ruler who greatly contributed to the prestige of Babylon in the ancient times. He helped built cities by relocating people affected by wars and floods to conquered territories. During his time, people were allowed to practice their religion and he helped build temples and oracles for them. Looking at his accomplishments, Hammurabi can be considered as a ruler who wishes to place all his subjects and dominion in orderly and civilized governance. It is only logical to think that Hammurabi’s code was not authored by the king himself but could have been established over time. According to Jones, the code of Hammurabi is not the only Mesopotamian writing that deals with laws and codes. In fact, several legal writings such as “the laws of Lipit-Ishtar, Eshnunna, and Ur-nammu, neo-Babylonian Laws, Assyrian Laws, and Hittite Laws” are all precedents of the code that Hammurabi was famously known for. Whatever the case though, it was King Hammurabi who revolutionized the way kings rule their subjects. By codifying and formally writing these laws on a visible medium, Hammurabi sets a moral standard similar to our modern justice system. However, most people would find the Hammurabi’s code as plainly brutal and crude. Even so, the code offers rich information for historians and scholars to study and understand the culture of ancient people.
The Link between Mesopotamians and the Hebrews
The power and prestige of the Babylonian empire in Mesopotamia has deeply influenced the cultures of the people that reside in their territory as well as on neighboring kingdoms. Although some social groups have retained their customs, Mesopotamian influence could not be ignored as people within their influence adapts to their culture. The Hebrews or the Jewish people have been residing in Mesopotamia for as long as history can remember. In fact, the Hebrews were among the people in the region whose ancient history have been fairly documented. The history of the Hebrews has encompassed thousands of generations. Scholars believe that the land of Mesopotamia has been inhabited by Hebrews before they migrated to Egypt during the great famine mentioned in the Christian bible. During the time of Hammurabi, there were dynamic cultural exchanges between the Hebrews and the Mesopotamians. According to historians, “The earliest Hebrews were pastoral nomads who inhabited lands between Mesopotamia and Egypt during the second millennium B.C.E”. As Mesopotamia prospered, the Hebrews settled among their cities and became an integral part of the Mesopotamian society. Abraham, the Hebrew patriarch, was believed to have originated from the Summerian city of Ur. However, he migrated to the Northern part of Mesopotamia during 1850 B.C. Abraham decendants were observed to have followed Mesopotamian customs by worshiping their gods and following their religious beliefs. Mesopotamian customs were so deeply rooted with Hebrew people that even during the time of Moses, they still long to worship the gods that their ancestors have been worshipping back in Mesopotamia. The early Hebrews share the same religious belief with their Mesopotamian neighbors. Accordingly, “they believed that nature spirits inhabited trees, rocks, and mountains, for example, and they honored various deities as patrons or protectors of their clans”. Religion, on the other hand, is not the only belief that early Hebrews and Mesopotamians share. In fact, some of the stories found in the Hebrew bible have striking similarities with the much older Mesopotamian literature. For example, the story of the flood during the time of Noah in the Hebrew bible might have been an adaptation of the tale of Atrahasis and the story of Ut-Napishti from the Mesopotamian flood legends.
Similarities Between the Code of Hammurabi and the Law of Moses
The law of Moses have a striking resemblance with the code of Hammurabi in several passages and at certain aspects. The first recognizable similarity between these laws is the doctrine of ‘lex taliones’ or the law of retaliation. The law of retaliation simply states the doctrine of justice being “eye for an eye, a broken bone for a broken bone, and a tooth for a tooth”. Death penalty for murder and other crimes considered as heineious are also adopted in both laws. In Exodus, for example, it says that “he that smiteth his father, or his mother, shall be surely put to death”; similarly, the code of Hammurabi states, “If a son strike his father, his hands shall be hewn off”. An intriguing yet revealing similarities between the code of Hammurabi and the law of Moses was clearly discussed by Roush wherein he noticed several instances in the life of Abraham that suggests adherence to Mesopotamian customs. One particular example is the civil and patriarchial law of Abraham’s time. Adoption have been practiced by Abraham, which is in accordance with Hammurabi’s code. Also, the custom of wives offering handmaidens to their husband to bear them offsprings have been described in the code of Hammurabi as an accepted custom. The idea of a dowry during a marriage proposal is also one of the customs mentioned in Hammurabi’s code that was also practiced by Abraham and his decendants. Abraham giving Rebeccah and her mother precious things as well as the incident where Jacob would have to work for his future wife’s father to win her hand are all mentioned in the Bible. Another particular resemblance between the Mosaic law and the code of Hammurabi is that both leaders claim to have received their laws from a supernatural being. Accordingly, “Hammurabi claimed to receive his code from the Babylonian god of justice, Shamash” while Moses tells that the ten commandments was handed over to him by God himself and that the laws he wrote in Exodus was also divinely inspired.
Conclusion
It could not be denied that the Law of Moses contains striking similarities with the code of Hammurabi. Knowing that the Code of Hammurabi preceded the Law of Moses for five centuries, it is only logical to think that the code could have somehow influenced Moses when he wrote the law in Exodus. It is worth noting that the Mesopotamians have exerted strong cultural, political and social influence among their subjects as well as their neighbors. As evidenced by the cultural and moral tradition of Abraham and his descendants, one could not help but speculate that there was indeed a cultural adaptation between these two groups of people. However, historians can only speculate but could not conclusively remark that the Code of Hammurabi was indeed plagiarized since similar laws have existed even before Hammurabi codified his laws. Perhaps both laws have been developed independently of each other. Even so, both the Law of Moses and the Code of Hammurabi lend the world a glimpse of the cultures and beliefs of the ancient world.
Works Cited
Got Questions Ministries. Did Moses copy the Law from the Code of Hammurabi? 2014. October 2014 <http://www.gotquestions.org/Moses-Hammurabi-code.html>.
HAMMURABI. n.d. October 2014 <http://www.history.com/topics/ancient-history/hammurabi>.
Jones, B. Exodus: The Hammurabi Code. 2010. October 2014 <https://www.academia.edu/1231172/Exodus_The_Hammurabi_Code>.
Roush, D. The Code of Hammurabi. January 2001. October 2014 <http://www.truthmagazine.com/archives/volume45/V4501040103.htm>.
Sasson, J. King Hammurabi of Babylon. n.d. October 2014 <http://www.history.com/topics/ancient-history/hammurabi>.
THE BROADER INFLUENCE OF MESOPOTAMIAN SOCIETY. n.d. October 2014 <http://www.tanqueverdeschools.org/downloads/trads36to47.pdf>.
The Code of Hammurabi. n.d. October 2014 <http://www.constitution.org/ime/hammurabi.pdf>.