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HL 4
If anyone strike a male or female slave so that he dies, with only his
hand at fault, he shall bring him [for burial] and shall give one person
[lit. head], and he shall look to his house for it.

10 Raymond Westbrook™s argument that capital punishment and compensation for homicide
were part of the common law of the ancient Near East and were in effect simultaneously is
contradicted by the evidence of the international documents analyzed here (Studies in Biblical
and Cuneiform Law, 45“46).
184 HOMICIDE IN THE BIBLICAL WORLD


Late version of 3“4
[If anyone . . . ]s[?] [a woman,] so that she dies, but it is an accident,
[he shall pay 4? minas of silver]. But if the woman is a slave, he shall
pay 2 minas [ = 80 shekels] of silver.
HL 5
If anyone kills a merchant, he shall pay 4,000 shekels [lit. 100 minas]
of silver, and he shall look to his house for it. If it is in the lands of
Luwiya [ = Arzawa] or Pala, he shall pay the 4,000 shekels of silver
and also replace his goods.11 If it is in the land of Hatti, he himself
shall [also] bring the aforementioned merchant [for burial].
Late version of 5
[If] anyone kills a Hittite [merchant] in the midst of his goods, he
shall pay [ . . . minas of silver], and shall replace his goods threefold.
But [if] [the merchant] is not in possession of goods, and someone
kills him in a quarrel, he shall pay 240 shekels of silver. If it is only
an accident, he shall pay 80 shekels of silver.
The Hittite laws re¬‚ect the Hittite emperor™s refusal to execute the Baby-
lonian merchants™ killers, as the Babylonian king demands. Hittite law and
Babylonian law differ on the penalty for homicide, and the Babylonian king
must use diplomatic means to prevent his merchants from being denied jus-
tice according to the standards of Babylonian law. He attempts to have
Babylonian law applied extraterritorially.
A king assumes responsibility for remedying the slaying of his merchants
in a foreign land. Assigning responsibility for initiating the process of reme-
dying the homicide is one of the major issues in the three treaties, RS 17.146,
17.230, and 18.115, between Ini-Teshub, king of Carchemish, and the citi-
zens of Ugarit, which address the death of merchants while engaged in trade
abroad.12 RS 17.146 is as follows:
1I
i-ni-d teˇ ub LUGAL KUR uru kar-ga-miˇ 2 DUMU-ˇ u sa I sa-hu-ru-
sˇˇ
s s
±˜
nu-wa DUMU DUMU-ˇ u sa LUGAL- 30 UR.SAG 4 ri-k´l-ta i-na
3 I d
ˇ
s
be-ri sa KUR uru kar-ga-miˇ 5 u be-ri sa kur uru u-ga-ri-it a-kan-na ir-
ˇ s` ˇ ´
` ma-an-da-ti 7 sa LUGAL
´
6 lu.meˇ
s
ˇ ˇ
ku-us ma-a sum-ma-me-e DAM.GAR
ˇ A-bi KUR uru kar-ga-miˇ 8 i-du-ku-m` u LU.MES
` ±` ´ ˇ
uru
kur u-ga-ri-it i-na S s
ˇ
da-i-ku-ˇ u-nu is-sa-ba-tum-m` 9 u DUMU.MES KUR uru kar-ga-miˇ
±`
s s
..
` ˇs ˇ ˇ ˇs
meˇs 10 11
´
NI.GA -ˇ u-nu u-nu-te-MES-ˇ u-nu gab-ba ki-i sa SES-ˇ u-nu i-
s
´
qa-ab-bu-ni a-kan-na u-ˇ al-la-mu-ni u mu-ul-la sa 1-en LU-lim 13 3
12
´ ´s ` ˇ

11 Itwould appear the special rule for a slaying committed in Luwiya and Pala, countries east
and north, respectively, of Hatti in Asia Minor, was due to their political connections with
Hatti. This special rule is re¬‚ected in statutes 19“21 and 23, which prescribe special remedies
for offenses committed in or against a citizen of those countries.
´
12 Even though the wording in RS 17.230, l. 4, refers to LU, “a person [in general],” it is clear

that the treaty deals with a merchant because of the attention paid to the goods that were in
the victim™s possession.
185
THE HOMICIDE OF A FOREIGN CITIZEN

ˇ ˇ
ma-na KUG.BABBAR.MES DUMU.MES KUR uru kar-ga-miˇ 14 u-ˇ al- s ´s
ˇ 15 sa KUR uru u-ga-ri-it aˇ -ˇ um NI.GAmeˇ - ` s
` ˇ
la-mu-ni u DUMU.MES ss
ˇs ˇ
su-nu 16 aˇ -ˇ um u-nu-te-MES-ˇ u-nu i-tam-mu-ni 17 u DUMU.MES
ˇ ´ `
ss
s` ˇs
KUR uru kar-ga-miˇ NI.GAmeˇ -ˇ u-nu 18 u-nu-te-MES-ˇ u-nu a-kan-na
s
´ ´
s
´
u-ˇ al-la-mu-ni u sum-ma LU-ma UZU ka-a-ma i-sa-ba-tu4 -ni 20 u
19
´s `ˇ `
.
ˇ KUR uru kar-ga-
21
da-i-ku-ti-ˇ u-nu la-a i-sa-ba-tu4 -ni DUMU.MES
s .
miˇ il-la-ku-nim-ma i-na 22 KUR uru u-ga-ri-it i-na NAM.ERIM2 i-
s
´ ˇ
tam-mu-ni 23 ma-a sum-ma LU.MES da-i-ku-ti-ˇ u-nu ni-di-m` 24 u
ˇ `
s ±
´ ˇ DAM.GAR sa-a-ˇ u-nu NI.GAmeˇ -ˇ u-nu 25 u-nu-tu-MES-
`ˇ ` ˇ
s
ˇ ´
sa LU.MES s s
ˇ
26 uru
ˇ `
su-nu i-hal-li-iq u DUMU.MES KUR kar-ga-miˇ 3 ma-na
s
˜ ˇ ´
KUG.BABBAR.MES mu-ul-la-a sa 1-en LU-im u-ˇ al-la-mu-ni 28 u
27
ˇ ´s `
ˇ DAM.GAR sa LUGAL KUR uru kar-ga-miˇ 29 sa

ˇ ˇ
sum-ma LU.MES s
ˇ A-bi KUR uru u-ga-ri-it i-da-ku 30 u da-i-ku-ˇ u-nu
` `
ma-an-da-ti i-na S s
ˇ KUR uru u-ga-ri-it NI.GAmeˇ su-nu `
31 s
ˇ
i-sa-ab-ba- tu4 -ni DUMU.MES
.
ˇ su-nu ki-i sa SES.MES-ˇ u-nu 33 i-qa-ab-bu-ni a-kan-
ˇˇ ˇs
32
´ ˇ ´
u-nu-te-MES-ˇ
´ 3 ma-na KUG.BABBAR.MES mu- ˇ
34
´s `ˇ
na u-ˇ al-la-mu-ni u sa 1-en LU
ˇ
35 meˇ s
DUMU.MES KUR uru u-ga-ri-it u-ma-al-lu-ni 36 u
ˇ ´ `
ul-la-a sa BE
´ ˇ ˇ
37
ˇ `
sum-ma LU.MES da-i-ku-ˇ u-nu la-a is-sa-b[a]-tu u DUMU.MES
s ..
KUR uru u-ga-ri-it il-la-ku-nim-ma 38 i-na uru nu-ba-an-na u sum-ma `ˇ
ˇ S.MES sa lu.meˇ DAM.GAR su-nu-ti
ˇ ˇˇ ´ s `ˇ
uru 39
i-na gur-a-ta a-na pa-ni SE
´ ˇ
i-na NAM.ERIM2 i-tam-mu-ni <ma-a.ˇ um-ma LU.MES da-i-ku-
40
s
´ ˇ ` `
su-nu ni-di-mi> 41 u sa LU.MES DAM.GAR NI.GAmeˇ -ˇ u-nu u-nu-te- s
ˇ `ˇ ´
s
ˇ su-nu 42 i-hal-li-iq u DUMU.MES KUR uru u-ga-ri-it 43 3 ma-na
ˇ
´
MES-ˇ
˜ S mu-ul-la-a sa 1-en LU.MES 44 u-ma-al-lu-nim-
KUG.BABBAR.ME ˇ ´ ˇ
ˇ ´
45 I d uru
kar-ga-miˇ DUMU-ˇ u 46 sa I sa- ˇ ´
ma i-ni- teˇ ub LUGAL KUR
s s s
I d 47

hu-ru-nu-wa DUMU DUMU-ˇ u sa LUGAL- 30 UR.SAG ri-k´l-ta ±
˜ 48 49 d
ˇ ´s s
an-ni-ta ma-an-nu-me-e sa ri-k´l-ta an-ni-ta u-ˇ a-aˇ -na-a IM AN
±
ˇ
d
UD AN [ ]NIN ku-ba-ba GASAN KUR kar-ga-miˇ 51 d nin-gal
50 d uru
s
ˇ ˇ
GASAN nu-ba-an-ni [ ]nin-gal GASAN gur-a-ti 53 lu-u be-lu
uru 52 d uru
´
ma-mi-ti-ˇ u s

1“5
Ini-Teshub, king of the land of Carchemish, son of Shahurunuwa,
grandson of Sharrukushuh, the warrior, made a treaty between the
land of Carchemish and the land of Ugarit as follows: 6“18 If merchants
in the service of the king of Ugarit are killed in the land of Carchemish
and the men who killed them are arrested, the citizens of the land of
Carchemish will ask for any property or goods of their brothers thus
and will pay in full. The citizens of the land of Carchemish will pay the
full compensation per person, 3 minas13 of silver. The citizens of the
land of Ugarit will take an oath concerning the property or goods, and
the citizens of the land of Carchemish will deliver safely the property

13 The value of a mina was sixty shekels in Babylonia but apparently was ¬fty shekels at Ugarit
(see de Vaux, Ancient Israel, 203“204) and forty shekels at Hatti (see H. Otten, “Zum hethi-
tischen Gewichtssystem,” AfO 17 [1954“56]: 128“131).
186 HOMICIDE IN THE BIBLICAL WORLD


or goods. 19“27 If they take hold of the body of a man but do not arrest
those who killed them, the citizens of the land of Carchemish will go
to the land of Ugarit and will take an oath thus: “We do not know the
men who killed them, and the property and goods of those merchants
are missing.” The citizens of the land of Carchemish shall pay 3 minas
of silver, the full compensation per person. 28“35 If merchants in the
service of the king of Carchemish are killed in the land of Ugarit
and the men who killed them are arrested, the citizens of the land
of Ugarit will ask for any property or goods of their brothers and
will pay in full. The citizens of the land of Ugarit will pay the full
compensation for the blood, 3 minas of silver. 36“44 If they do not
arrest those who killed them, the citizens of the land of Ugarit will
go either to Nubanna or to Gurata14 before the brothers of those
merchants and will take an oath thus: “We do not know the men
who killed them, and the property and goods of those merchants are
missing.” The citizens of the land of Ugarit shall pay 3 minas of silver,
the full compensation per person. 45“53 Ini-Teshub, king of the land
of Carchemish, son of Shahurunuwa, grandson of Sharrukushuh, the
warrior, made this treaty. Whoever changes this treaty, may Adad of
heaven, Shamash of heaven, Lady Kubaba lady of Carchemish, Ningal
lady of Nubanni, Ningal lady of Gurati, be the masters of its curse.
According to RS 17.146, if a merchant in the service of the king of Ugarit is
killed in the land of Carchemish and his killers are arrested, the citizens of
Carchemish are to con¬scate the property of the killers, that is, their fellow
citizens who committed the homicide, and return the stolen goods15 as well
as pay compensation for the death. Likewise, if a merchant in the service
of the king of Carchemish is killed in the land of Ugarit and his killers are
arrested, the citizens of Ugarit are to seize the killer™s property and return
the stolen goods16 as well as pay compensation for the death. If, however,
the identity of the killers is not known, the citizens of the land in which the
murder occurred must travel to the country of the dead merchant(s) in order
to take an oath attesting to the fact that the killers have not been identi-
¬ed and that the property of the merchants is missing. The other treaties,
RS 17.230 and 18.115, follow the same pattern of assigning responsibility
for initiating the legal process:
RS 17.230
´ ˇ
1I
i-ni-d teˇ ub LUGAL kur kar-ga-miˇ 2 i[t-t]i LU.MES kur u-ga-ri-it 3 ri-
´
s s
´ ˇ sa kur kar-ga-miˇ 5 i-na SA
ˇ`
4
ik-ˇ a an-ni-ta ir-ku-us sum-ma LU.MES ˇ
ˇ
s s

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