§ 211. If through a stroke one causes a miscarriage of the daughter of a workingman, he shall pay 5 shekels of silver.
§ 212. If that woman dies, he shall pay ½ mana of silver.
§ 213. If one strikes the slave-girl of a man and causes a miscarriage, he shall pay 2 shekels of silver.
§ 214. If that slave-girl dies, he shall pay ⅓ of a mana of silver.
These laws are strikingly parallel to Exod. 21:18-27, to which Exod. 21:12-14 should be prefixed. The Babylonian code, like the Hebrew, imposes the death penalty for wilful murder. Both codes provide that one who is an accidental homicide shall escape the penalty, but they do it in different ways. Hammurapi provides that the killer may take an oath that he did it without intent to kill. Exod. 21:13, 14 provides that the homicide may find sanctuary at the altar of God. In place of this Deut. 19:4, ff., provides that he may flee to a city of refuge.
If a man injures another in a fight, the Bible (Exod. 21:18, 19) provides that he shall pay for the lost time and, as does Hammurapi, the cost of healing the injured man. Exod. 21:22 provides, as does Hammurapi, for the payment of a fine for causing a woman to miscarry, but Exodus does not, like the Babylonian code, fix the amount of the damage; that is left to the judges. In the laws concerning the injury of slaves the two codes differ. Exodus provides (21:20, 21, 26, 27) for cases in which owners injure or kill their own slaves; Hammurapi, for cases in which the injury is done by others. A mere reading of the penalties imposed by the parts of the Babylonian code translated above impresses vividly upon the mind the fact that underlying many of them is the principle so forcibly expressed in Exod. 21:21-25: “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.” The details of application are different, but the principle is the same. Many of the differences were caused by the more complex nature of Babylonian society, in which three classes, patricians, workingmen (or semi-serfs), and slaves, existed. Hebrew law recognizes but two classes—freemen and slaves.
Physicians
§ 215. If a physician operates upon a man for a severe wound with a bronze lancet and saves the man’s life, or if he operates for cataract with a bronze lancet and saves the man’s eye, he shall receive 10 shekels of silver.
§ 216. If it is a workingman, he shall receive 5 shekels of silver.