Code of Hammurabi

The rules in this section address situations connected to family and marriage law. They begin with considerations regarding adultery, using the Babylonian idiom of “pointing the finger” to indicate an accusation. Such accusations tend to be directed at women in the context of the laws, but women have recourse to judicial protection if the accuser has no proof, and may take an oath to return to her household. While adultery typically carries a penalty of capital punishment for both parties, a husband does have authority to pardon his unfaithful wife. Sexual offenses perpetrated by men are also addressed, such as the rape of a betrothed virgin, in which case the man would be executed.

The laws then shift their attention to issues of divorce, beginning with the case of men who become prisoners of war—apparently a common occurrence in ancient Babylon given the attention it receives. If the wife of such a man joins another household despite there still being ample provision for necessities in her own house, then she is counted an adulterer and punished as such; but if provision is lacking, she is free to move.