Student Question

According to the Code of Hammurabi, if a builder's faulty workmanship results in a death, his son is to be killed. What if the builder has no children?

Quick answer:

According to the Code of Hammurabi, if a builder's faulty work results in a death and he has no son, the alternatives are not explicitly stated. Possible outcomes might include offering a daughter or another family member as compensation, or the builder himself facing execution. The code emphasizes equivalent retribution, so a significant loss must be imposed on the builder, potentially leading to his own death if no other substitution is suitable.

Expert Answers

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     The Hammurabi Code dates from 1754BC and is the preserved legal code of Baylonian law.  It provides for various punishments according to the circumstances of the case.

     There are several translations of the code and the sections you cite; Code 229 and 230 appear to be comparable to other translations.  The question you pose is simple, yet can lead to complicated answers.  The simple answer is no one can be absolutely sure what the next course of action would be for the builder in your scenario.

     There are basically two scenarios to complete the legal requirements of an eye for an eye, which is how the code is structured.  Children are subservient to their parents and can be seized by the government for execution if the code calls for it.  Under this law, the builder may have to give up a daughter as punishment rather than a son.

     If the builder has no son, or if the judges demand it, they could also charge the builder under Code 14: "If a man has stolen a child, he shall be put to death."  It would be possible to argue the builder stole the inhabitant's child upon building a poor house and therefore should be put to death.  Likewise, the judges may also direct him to be put to death if a daughter is not suitable payment for the deed.

     I suspect, given the structure of the Code, the builder would face losing someone of value to them, which would most closely mirror the loss of the inhabitant.  This might be a daughter, wife, grandchild or other significant party.  I think as a last resort the builder would be put to death. 

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