The laws of Moses and the code of Hammurabi / by Stanley A. Cook.

  • Stanley Arthur Cook
Date:
1903
Catalogue details

Licence: Public Domain Mark

Credit: The laws of Moses and the code of Hammurabi / by Stanley A. Cook. Source: Wellcome Collection.

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    The next group of Babylonian laws to be noticed deals with deposits. When a man puts silver, gold, or anything else on deposit (ma-sa-ru- tim) this must be done before witnesses and secured by a contract (§ 122), and if the depositor was a minor or servant, the failure to perform the trans- action in the required legal manner stamped the depositee as a thief and brought with it the death penalty (§ 7). If any transaction has been made without these requirements and dispute arises, there is no legal redress (vu-gu-um-ma-am u-ul 1-Su; § 123). The Talmudic rule is also against taking deposits from women, slaves, and minors, the presumption being that they are not the real owners.’ In any dispute the depositee is brought to account and must return the deposit (double? § 124);° apparently this deals with the case where the depositary disclaims the deposit. If a man stores corn in the granary (ga-vz-tzmz) of another—and the price is fixed at five x4 for each GuR of corn per annum (§ 121)*—and some accident takes place,* or the owner removes some of the corn, or there is a dispute as to the amount of the corn, 1 Tosefta, 11; Gemara on Baba Kamma,9 7 (cp. generally B. Mes, 3). 2 us-ta-Sa-na-ma t-na-ad-di-in here and in § 125 sg., perhaps rather “‘pay double and return”; the penalty is double the amount of the deposit (Joh. Jeremias, Moses u. Hamm. p. 7, and n. 1). 3 Je. one-sixtieth (300 KA to the GUR). 4 The ravages of mice not excluded (cp. Burckhardt, Av. Prov.) no. 177). Post-biblical law required allowance to be made for loss of stored grain through mice (Vogelstein, Landwirtschaft in Palis- tina, 1 73[1894)]). 15
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