55. If anyone opens his irrigation canals to let in water, but is careless and the water floods the field of his neighbour, he shall measure out grain to the latter in proportion to the yield of the neighbouring field.
56. If anyone lets in the water and it floods the growth of his neighbour’s field, he shall measure out to him 10 GUR of grain for every 10 GAN (of land).
Each cultivator had an intricate system of small water-ways covering his land, into which he let water from the main canal at certain times. When he had watered his field he dammed up the connection again, but if he neglected to do so the water would keep on coming in and eventually flood his neighbour’s land.
If a shepherd let his flock pasture in a field without permission, he was compelled to return a definite amount of grain to the owner. Anyone cutting down a tree without permission had to pay one-half of a mina of silver.
About thirty-five clauses, from 65 to 100, have been erased. This gap has been partly filled in from some old fragments of another supposed copy of this code in the British Museum. One of these supplementary fragments speaks of house rent: if a tenant has paid his rent for a whole year, and the landlord turns him out before the end of his term, the landlord shall pay back to the tenant a proportionate amount of the money which the tenant gave him.
Commerce, Debt
The reverse of the stele begins with a continuation of the laws regulating commercial relations, which are extremely important as showing a highly developed system. If an agent found no opening where he went, he was to return the capital to the merchant; also if any mishap befell him in the place to which he went. If he were robbed by the way, he was to swear before God that the loss was through no fault of his and could then go free. The agent was to make out a written statement of the goods received, and received also a receipt for the money paid to the merchant. Without this receipt he could lay no claim to his money in case of disagreement.
Curiously enough the wine sellers appear to have been women. We read in clause 109: If a wine merchant when rebels meet in her house does not arrest them and take them to the palace, that wine merchant shall be put to death. 110. If a votary who does not live in the temple shall open a tavern or enter a tavern to drink, she shall be burned.
THE GOD SHAMASH DICTATING THE CODE OF LAWS TO KING KHAMMURABI