Tuesday, February 14, 2012

Adventures in The Code of Hammurabi

A Guest Post By E. Fink

Cross-posted from my home blog: Finkorswim.com


One of the few exceptions to this rule in Rabbi J.H. Hertz. In his Chumash, R' Hertz has several essays that, at least on a basic level, deal with some of the challenges raised by BibCrit. Some of the BibCrit he cites is outdated and some of his approach is also outdated. But it is still worth understanding and appreciating his efforts.


The Code of Hammurabi was written in the days of Abraham by King Hammurabi. Some scholars identify him as King Amraphel from the Bible. Hammurabi's code is preserved by a stele and tablet in its complete and original form. There are 282 laws that govern civil law for followers of Hammurabi. Many of these laws are either the same or very similar to the Mosaic laws, many others are significantly different. The challengers hold that the reason these two codes are similar is because Moses (or some other later figure), when "writing" his code simply borrowed from The Code of Hammurabi and adjusted a few items before pasting it into the Torah. Clearly, this does away with the Divine Author of the Torah. 


One of the more perplexing verses in Mishpatim is Exodus 21:31. The Torah tells us that a "goring ox" kills someone, the owner is put to death. "Whether it have gored a son, or have gored a daughter, according to this judgment shall it be done unto him." Why would it concern us whether or not the ox gored a son or a daughter? If the ox killed, the owner is killed! R' Hertz quotes Prof. David Mueller who explains that in The Code of Hammurabi it states (#229 - #230):

If it is the owner's son that is killed, the builder's son shall be put to death."

The Torah abhors this kind of law. Instead of killing the son or daughter of the owner of the ox, the owner of ox, the man responsible for the death is killed. R' Hertz adds that this theme is repeated in Deutoronomy 24:16:





One final point. The Code of Hammurabi is perhaps most useful for understanding many passages in the Torah, specifically in Genesis. R' Hertz mentions Abraham taking Hagar as a concubine as one example. I think he is referring to The Code of Hammurabi #140:



(Another example R' Hertz cites is the dispute between Yaakov and Laban. In The Code of Hammurabi #261-267 the code states the rules for paying a herdsman. I am not certain what R' Hertz is using this reference for.)

Our friend Josh Waxman on his Parshablog has several other examples sprinkled throughout his blog. One is the explanation of why Reuben lost his birthright simply because he ascended to his father's bed. The code says in #158: "If any one be surprised after his father with his chief wife, who has borne children, he shall be driven out of his father's house." So when Jacob discovered Reuben on his bed, ie surprised, he was driven out of the house, ie the inheritance.

There are more examples. but the point is clear. The Code of Hammurabi can be a useful tool for teaching Chumash and appreciating the Torah. We don't need to be afraid of it.

  • Search for more information about Rabbi J.H. Hertz  at 4torah.com
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