"I f his father-in-law do not return to him the marriage settlement, he may deduct from her dowry the amount of the marriage settle ment and return (the rest of) her dowry to the house of her father." (164.) "If a man would put away his wife who has not borne him children, he shall give her money to the amount of her marriage settlement, and he shall make good to her the dowry which she brought from her father's house, and then he may put her away." (138.) "If there were no marriage settlement he shall give her one mana of silver for a divorce." "If he be a freeman, he shall give her one third of a mana of silver." (140.) (10) An Unsatisfactory Wife, however, often had very little recourse : "If the wife of a man who is living in his house set her face to go out and play the part of a fool and neglect her house and belittle her husband, they shall call her to account ; if her husband say, 'I have put her away,' he shall let her go. On her departure nothing shall be given her for her divorce. If her husband shall say, 'I have not put her away,' her husband may take another woman. The first woman shall dwell in her husband's house as a maid servant." (141.) The Code allowed a prenuptial arrangement to the effect that neither of then] should be re sponsible in after life for the prenuptial debts of the other, but whatever indebtedness was in curred after marriage must be shared by both parties, and this often worked hardship to the wife and children, because the husband was allowed to sell them into slavery to pay his debts.
"If a man be in debt and sell his wife, son or daughter, or bind them over to service, for three years shall they work in the house of their purchaser, or master ; in the fourth year they shall be given their freedom." (117.) They were thus allowed to go free in the fourth year, but there is nothing to indicate that this process might not be repeated as often as the husband and father ran into debt.
If, on the other hand, the wife contracted a debt, there was no one to work it out for her ; it was one of those offenses which might lead to divorce or even death. In 141, one of the crimes imputed to the wife is sometimes trans lated, "If she have wasted her house." Divorce of the wife was easy; the husband had only to say, "Thou art not my wife," but if either a wife or a concubine has borne chil dren and remain blameless, neither can he cast off without a portion : "If a man set his face to put away a con cubine who has borne him children, or a wife who has presented him with children, he shall return to that woman her dowry and shall give to her the income of field, garden and goods. and she shall bring tip her children ; from the time her children are grown up, from whatever is given to her children they shall give to her a portion corresponding to that of a son, and the man of her choice may marry her." (137.) If the wife wanted a divorce she was obliged to prove that her husband had injured her reputation ; then if she were blameless herself she was free.
"If a woman hates her husband and has said, 'Thou shalt not possess me,' one shall inquire into her past, what is her lack, and if she has been economical and has no vice while her hus band has gone out and greatly belittled her, that woman has no blame, she shall take her marriage portion and go off to her father's house." (142.) (11) Children of a wife must be recognized, but children borne to the master of the house by a maid servant was subject to his caprice in the matter of recognition ; (170 If, ever, he did acknowledge them they became his heirs : "If a man's wife bear him children, and his maid-servant bear him children, and the father during his life time say to the children which the maid-servant bore him, 'My children,' and reckon them with the children of his wife, after the father dies the children of the wife and the children of the maid-servant shall divide the goods of the father's house equally. The child
of the wife shall have the right of choice at the division." (17o.) The father had power over his children ; he could pledge them for his debts (1 19), and they were often hired out by him to work for others.
It seems that as long as a son lived in his father's house, the father had a right to his labor or his earnings. The father sought wives for his sons and provided them with a proper bride-price.
The relation of sonship could be dissolved if good grounds were given, but the judge had to consent and was bound to try to reconcile the father first. Only on a repetition of the offense was disinheritance allowed.
"If a man set himself to disinherit his son and say to the judges, 'I will disinherit my son,' the judges shall inquire into his antecedents, and if the son have not committed a crime suf ficiently grave to cut him off from sonship, the father may not cut off his son from sonship." (168.) "If he have committed a crime against his father sufficiently grave to cut him off from sonship, they shall condone his first (offense). If he commit a grave crime the second time, the father may cut off his son from sonship." (169.) (12) A Monotheistic Code. The Code of Hammurabi is civil and not ceremonial; there is no admonition to worship, no directions con cerning altars, offerings or sacrifices; no re ligious doctrines are taught, and no provision made for public service. As well might we look for these things in the municipal codes of our modern cities.
Nevertheless, it is virtually monotheistic. In secs. 45 and 48 one translator speaks of Adad the god of storms, but another merely speaks of a "thunderstorm." In sec. 182 "Marduk of Babylon" is mentioned, and he appears to be in ferred in the previous section, but with these exceptions the Code is entirely monotheistic. Although it is civil and not religious, like our modern systems of jurisprudence, it recognizes God as the Being before whom an oath must be taken, and the whole course of procedure was in harmony with this principle. The wit nesses recognizing lost property "shall say out before God what they know." (9.) "If the brigand has not been caught, the man who has been despoiled shall recount before God what he has lost." (23.) "If while he goes upon his journey the enemy has made him quit whatever he was carrying, the agent "shall swear by the name of God and shall go free." (1°3.) "If an agent has taken money from a mer chant . . . that merchant shall put the agent to account before God concerning the money taken, and the agent shall give to the merchant three fold the money he has t .ken." (106.) "If a merchant has wronged an agent . . that agent shall put the merchant to account before God and witnesses, and the merchant, because he disputed the agent, shall give to the agent six fold what he has taken." (t07.) If the owner of a storehouse remove a por tion of the grain which has been intrusted to him, or if any disaster has taken place, then: "The owner of the corn shall estimate his corn before God. The owner of the house shall double the corn which he took and shall give it to the owner of the corn." (t2o.) If a man falsely claims to have lost his prop erty : "Since nothing of his is lost, his loss he shall estimate before God, and whatever he has claimed he shall double and give as his loss." (126.) If a wife is falsely accused, she shall go free upon her own oath.