Page:Laws of Hammurabi, King of Babylonia.djvu/20

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78
RECORDS OF THE PAST

126. If anyone deprived of property by fraud shall assert his claim thereto under oath he shall receive back from the one practicing the fraud upon him that which he claims [upon proof of his right so to do].

127. Anyone slandering a virgin of the temple or the wife of another person and being unable to substantiate the slander [the truth of which slander he cannot substantiate] shall be marked upon the brow.

128. If anyone takes to himself a wife without a formal contract [of marriage being entered upon], the woman so taken shall not be deemed to be the legal wife [of the man so taking her to his bed].

129. If anyone's wife is captured with another person [committing adultery] both are to be thrown into the water. In case the husband of the wife forgives his wife and the king his slave [no other punishment shall be inflicted].

130. If anyone violates [has carnal knowledge of] the wife of another one, the wife not prior thereto having had knowledge of a man, and the assault occurs in the house of her father and the assailant is captured, he, the assailant, shall be put to death and the woman shall be regarded as blameless.

131. If a husband slanders or brings charges against a wife [to the effect that she is an adulteress] [and puts her aside], though she is not discovered sleeping with another one, she is to make oath before God and [she shall upon making oath as to her innocence] return to her house.

132. If against anyone's wife, on account of another man, accusation is made and she is found sleeping with another man, then shall she jump into the river in place of her husband. [A woman found guilty of adultery shall be drowned.]

133. In event a husband is taken prisoner of war while in his house, and leaves [makes provisions for his wife's support] life sustenance and [after provision for her support has been made] his wife leaves her house and home and goes into another home; she, because she has not preserved the sanctity of her home, but has gone into another house, shall be taken before the court [and on conviction thereof shall be] thrown into the water. [Drowned.]

134. If anyone is taken prisoner of war and there is no life sustenance in his house [and makes no provision for his wife's support] and his wife goes into another house, she shall in that case be adjudged guiltless.

135. If anyone is taken prisoner of war and there is no life sustenance [support provided for his wife] in the house and his wife goes into another house and there are children bom to her in the house to which she goes, and later her husband returns to his home, then shall his wife return to him; the children, however, shall follow their father.

136. If anyone leaves his home, runs away [deserts and abandons his wife] and thereupon his wife goes into another house; if then he returns and wishes to take back his wife to himself, the wife of the fugitive shall not return to her husband, because he has torn himself away from his family and run away.

137. If anyone has the intention to cast from him a side wife [concubine], who has born children to him and his legal wife has presented him with children, he shall give to each wife her respective children and give her a useful portion of field, garden and possessions that she may raise her children. [In event of her husband's death and all her children reach their majority] when she has raised her children she shall receive [an allotment