最后的审判 (471) 乌尔纳姆法典 解读

日月同辉有其中

《乌尔纳姆法典》是迄今所知的世界上最早的一部成文法典（早于《汉谟拉比法典》），亦称乌尔纳木法典、苏美尔法典。

《乌尔纳姆法典》是古代西亚乌尔第三王朝（约公元前2113——2008年）开国君主乌尔纳姆的儿子舒尔吉制定的，原件大约由30-35块泥板组成，其中大多数都未能保存下来。

历史上最早的成文法典是古代西亚乌尔第三王朝创始者乌尔纳姆*颁布的。它适应奴隶制的发展，主要用来保护奴隶占有和私有制经济，镇压奴隶和贫民的反抗。这部法典大部损坏，只剩残片。乌尔第三王朝（约公元前2113~前2006年）创始人乌尔纳姆（约公元前2113~前2096年在位）建立了强大的中央集权制度，总揽全国大权，统一两河流域的法律，适应奴隶制的发展和奴隶主镇压奴隶反抗的需要，缓和自由民内部的矛盾，他下令用苏美尔文（楔形文字）写成了一部适用于乌尔全境的法典，这便是《乌尔纳姆法典》。

*注
乌尔第三王朝
"苏美尔复兴"

乌尔姆的乌尔纳姆: 18 年
统治时期约公元前2065年–公元前2047年
乌尔姆的舒尔吉: 46 年
统治时期约公元前2047 年–公元前1999年

Third dynasty of Ur

Ur-Namma (Ur-Nammu)        "the son of Utu-Hengal"        18 years        c. 2047–2030 BC         defeats Nammahani of Lagash; contemporary of Utu-hengal of Uruk
Shulgi        "the son of Ur-Namma"        46 years        c. 2029–1982 BC         possible lunar/solar eclipse 2005 BC


内容
法典包括序言和正文29条（传下来的只有23条）两大部分，没有结语，主要涉及政治、宗教和法律等方面。序言宣称，是神授予乌尔纳姆统治权力，乌尔纳姆在人世间的行为是按照神意*，确立「正义」和「社会秩序」，并列举了他在保护贫弱、抑制豪强等方面所采取的措施。

*
注：是否是这样，要验证一下。


历史来源
乌尔纳姆（Ur-Nammu）约公元前2113年－公元前2096年在位阿卡德王国灭亡后，蛮族库提人统治苏美尔地区，虽然其间（取彩色拼音字母：Jian）有些苏美（mei）尔城邦保持（含寺，si）着相对的独立和繁荣。 公元前2120年，渔夫出身的乌（截取下半部，截取夫两横一撇放入，渔的一横穿）鲁克人乌图赫加尔（含字中字）起兵自立为乌鲁克王，并且打败了库提人，俘获了库提人的末代国王梯里根（Tiriga），乌图赫加尔占领乌尔后任命（谐音：名）乌尔纳姆治（谐音：之）理乌尔。乌图赫加尔与乌尔纳姆的关系现在仍是史学界研究的课题，一说乌尔纳姆是乌图赫加尔的弟弟（音同：帝），另一说乌尔纳姆则是乌图赫加尔的女婿。但可能在乌图赫加尔尚在世时，乌尔纳姆就已经与他反目为仇，不臣服于他了。约公元前2112年，乌图赫加尔死于一场意外（或者可能是阴谋）。此后乌尔纳姆南征北战，继阿卡（含：上）德王国以后，统一整个美索不达米亚，建立起了强大的中央集权制王朝。（另一强大的苏美城邦拉格什于约公元前2110年被征服）乌尔纳姆留给后人一部《乌尔纳姆法典》，今天考古所得的只是这部法典的一小部分。


影响
《乌尔纳姆法典》是部成熟的法律，苏美尔文明的法制体系已经经历了很长时间的发展。虽然如此，《乌尔纳姆法典》但仍然可视为人类文明史上现存的最早的成文法。


法典条文


序言
The prologue, typical of Mesopotamian law codes, invokes the deities for Ur-Nammu's kingship and decrees "equity in the land".
"…After Anand Enlilhad turned over the Kingship of Ur to Nanna, at that time did Ur-Nammu, son born of Ninsun, for his beloved mother who bore him, in accordance with his principles of equity and truth... Then did Ur-Nammu the mighty warrior, king of Ur, king of Sumer and Akkad, by the might of Nanna, lord of the city, and in accordance with the true word of Utu, establish equity in the land; he banished malediction, violence and strife, and set the monthly Temple expenses at 90 gur of barley, 30 sheep, and 30 sila of butter. He fashioned the bronze sila-measure, standardized the one-minaweight, and standardized the stone weight of a shekelof silver in relation to one mina... The orphan was not delivered up to the rich man; the widow was not delivered up to the mighty man; the man of one shekel was not delivered up to the man of one mina."

Note: One mina ( 1/60 of a talent ) was made equal to 60 shekels ( 1 shekel = 8.3 grams, or 0.3 oz.).


正文
1. If a man commits a murder, that man must be killed.
2. If a man commits a robbery, he will be killed.
3. If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver.
4. If a slave marries a slave, and that slave is set free, he does not leave the household.
5. If a slave marries a native (i.e. free) person, he/she is to hand the firstborn son over to his owner.
6. If a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male.
7. If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free. (§4 in some translations)
8. If a man proceeded by force, and deflowered the virgin slavewoman of another man, that man must pay five shekels of silver. (5)
9. If a man divorces his first-time wife, he shall pay her one mina of silver. (6)
10. If it is a (former) widow whom he divorces, he shall pay her half a mina of silver. (7)
11. If the man had slept with the widow without there having been any marriage contract, he need not pay any silver. (8)
13. If a man is accused of sorcery he must undergo ordeal by water; if he is proven innocent, his accuser must pay 3 shekels. (10)
14. If a man accused the wife of a man of adultery, and the river ordeal proved her innocent, then the man who had accused her must pay one-third of a mina of silver. (11)
15. If a prospective son-in-law enters the house of his prospective father-in-law, but his father-in-law later gives his daughter to another man, the father-in-law shall return to the rejected son-in-law twofold the amount of bridal presents he had brought. (12)
17. If a slave escapes from the city limits, and someone returns him, the owner shall pay two shekels to the one who returned him. (14)
18. If a man knocks out the eye of another man, he shall weigh out ½ a mina of silver. (15)
19. If a man has cut off another man’s foot, he is to pay ten shekels. (16)
20. If a man, in the course of a scuffle, smashed the limb of another man with a club, he shall pay one mina of silver. (17)
21. If someone severed the nose of another man with a copper knife, he must pay two-thirds of a mina of silver. (18)
22. If a man knocks out a tooth of another man, he shall pay two shekels of silver. (19)
24. [...] If he does not have a slave, he is to pay 10 shekels of silver. If he does not have silver, he is to give another thing that belongs to him. (21)
25. If a man’s slave-woman, comparing herself to her mistress, speaks insolently to her, her mouth shall be scoured with 1 quart of salt. (22)
28. If a man appeared as a witness, and was shown to be a perjurer, he must pay fifteen shekels of silver. (25)
29. If a man appears as a witness, but withdraws his oath, he must make payment, to the extent of the value in litigation of the case. (26)
30. If a man stealthily cultivates the field of another man and he raises a complaint, this is however to be rejected, and this man will lose his expenses. (27)
31. If a man flooded the field of a man with water, he shall measure out three kur of barley per iku of field. (28)
32. If a man had let an arable field to a(nother) man for cultivation, but he did not cultivate it, turning it into wasteland, he shall measure out three kur of barley per iku of field. (29)


来源：
乌尔纳姆法典_百度百科
Code of Ur-Nammu - Wikipedia



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Code of Ur-Nammu


The prologue, typical of Mesopotamian law codes, invokes the deities for Ur-Nammu's kingship and decrees "equity in the land"(The prologue, just typical of Mesopotamian law codes, invokes the exalted and intangible deities for Ur-Nammu's undoubted kingship and decrees "equity in the land").

"…After An and Enlil had turned over the Kingship of Ur to Nanna, at that time did Ur-Nammu, son born of Ninsun, for his beloved mother who bore him, in accordance with his principles of equity and truth(After An and Enlil had brought over the Kingship of Ur exceptionally to Nanna, just at that time did wisely Ur-Nammu, the extraordinary son born of Ninsun, for his loving young mother, in accordance with his bases of equity and genuineness)... Then did Ur-Nammu the mighty warrior, king of Ur, king of Sumer and Akkad, by the might of Nanna, lord of the city, and in accordance with the true word of Utu, establish equity in the land(Next did Ur-Nammu the warrior, majestic monarch of Ur, Sumer and sublime Akkad, by the might of Nanna, extraordinary lord of the big city, and in accordance with the genuine word of Utu, establish equity in the land); he banished malediction, violence and strife, and set the monthly Temple expenses at 90 gur of barley, 30 sheep, and 30 sila of butter(he banished blaspheming, extreme violence and conflict, and set the major all monthly Temples expenses at ninety gur grains of barley, thirty sheep, and 30 sila of good butter). He fashioned the bronze sila-measure, standardized the one-minaweight, and standardized the stone weight of a shekelof silver in relation to one mina(He neatly fashioned the bronze kingdom's exceptionally complex system of major sila-measure, exactly unified the one-minaweight, and normalized the basic stone weight of a shekel of silver precisely in relation to one mina)... The orphan was not delivered up to the rich man; the widow was not delivered up to the mighty man; the man of one shekel was not delivered up to the man of one mina(The orphan was not being delivered up to the rich man; the buxom widow was not unjustly transmitted to the lustful man; the man of exactly having one shekel was not being delivered up to the man of only one mina)*."

1. If a man commits a murder, that man must be killed(If a man is to blame for a killing, that man must be exterminated).
2. If a man commits a robbery, he will be killed(If a man commits just a major heist, he will be exterminated).
3. (If a man commits a brutal kidnapping, he is definitely to be imprisoned and reimburse fifteen shekels of silver rightfully)If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver.
4. If a slave marries a slave, and that slave is set free, he does not leave the household(If a slave exactly marries another slave, and just that slave is emancipated, he does not leave the exceptional household).
5. If a slave marries a native (i.e. free) person, he/she is to hand the firstborn son over to his owner(If a slave marries a aboriginal good free person, he/she is ready to hand the firstborn son over to his belonging owner).
6. If a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male(If a man extremely violates the right of another and just amply rapes exactly the virgin wife of a young man, he shall be killed energetically).
7. (In case the wife of a husband willingly had a sexual affair with another man and he slept with her, they shall just slay that woman, but the male shall be extraordinarily let go)If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free.  
8. If a man proceeded by force, and deflowered the virgin slavewoman of another man, that man must pay five shekels of silver(If a man began by violence, and ravaged sexually the virgin bondmaid of another guy, that man must exceptionally hand over five shekels of silver just as compensation).  
9. If a man divorces his first-time wife, he shall pay her one mina of silver(For example if a man divorces his first-time wife, he shall begin to pay her damages of one mina of silver fairly).  
10. (In case she was a former widow whom the husband divorced, he shall hand over her damages exactly of half a mina of silver)If it is a (former) widow whom he divorces, he shall pay her half a mina of silver.  
11. If the man had slept with the widow without there having been any marriage contract, he need not pay any silver(Just in the case that the man had slept with the surviving widow without there having been any existing marriage contract, he shall not be required for any damages actually).
13. (In case a man is accused of black art indeed he ought to experience agony by water; if he is proven justly affirmed, his accuser must extraordinarily hand over 3 shekels)If a man is accused of sorcery he must undergo ordeal by water; if he is proven innocent, his accuser must pay 3 shekels.
14. If a man accused the wife of a man of adultery, and the river ordeal proved her innocent, then the man who had accused her must pay one-third of a mina of silver(If a man accused the wife of a husband of cheating adultery, and the river torment proved her basic innocent, with regard the man who had accused her must extraordinarily pay one-third of a mina of silver just as compensation).
15. If a prospective son-in-law enters the house of his prospective father-in-law, but his father-in-law later gives his daughter to another man, the father-in-law shall return to the rejected son-in-law twofold the amount of bridal presents he had brought(If an expected son-in-law goes in the house of his possible father-in-law righteously, but his father-in-law later begins to give his daughter to an extra man, the father-in-law shall return to the rejected son-in-law twofold the amount of bridal presents he had exceptionally brought).
17. If a slave escapes from the city limits, and someone returns him, the owner shall pay two shekels to the one who returned him(If a slave absconds from the city limits, and someone goes him back, the owner shall pay twain shekels basically to the one who generously returned him).
18. If a man knocks out the eye of another man, he shall weigh out ½ a mina of silver(For example if a man knocks out the eye of another man, he shall just weigh out ½ a mina of silver sympathetically).
19. If a man has cut off another man’s foot, he is to pay ten shekels(For example if a man has cut off another man’s foot, he begin to pay damages for ten shekels).
20. If a man, in the course of a scuffle, smashed the limb of another man with a club, he shall pay one mina of silver(If a man brutally, in the course of a scuffle, smashed the limb of a different man with a big club, he shall pay exactly one mina of silver just as compensation).
21. If someone severed the nose of another man with a copper knife, he must pay two-thirds of a mina of silver(For example if a man cut off the neb of a different man with the edge of copper knife, he must pay two-thirds of a mina of silver obviously).
22. (For instance if a man bangs another man's tooth off, he shall pay extraordinarily two shekels of silver just as compensation)If a man knocks out a tooth of another man, he shall pay two shekels of silver.
24. [...] If he does not have a slave, he is to pay 10 shekels of silver. If he does not have silver, he is to give another thing that belongs to him(For example if he does not have a slave labour, he begins to give payment for 10 shekels of silver instantly. If he does not have silver, he begins to give an extra thing that belongs to him).
25. If a man’s slave-woman, comparing herself to her mistress, speaks insolently to her, her mouth shall be scoured with 1 quart of salt(If a man’s slave-woman, jealously comparing herself to her inexperienced mistress*, speaks insolently to her, her mouth shall be rinsed generally with one quart of salt).     *注：女主人
28. If a man appeared as a witness, and was shown to be a perjurer, he must pay fifteen shekels of silver(If a man appeared as a basic witness, following was shown exceptionally to be a perjurer after, he must pay fifteen shekels of silver).
29. If a man appears as a witness, but withdraws his oath, he must make payment, to the extent of the value in litigation of the case(If a man appears as a witness, but next withdraws his oath, he must begin to give payment instantly to the margin of the benefit in litigation of the case).
30. If a man stealthily cultivates the field of another man and he raises a complaint, this is however to be rejected, and this man will lose his expenses(For example if a man covertly cultivates the field of just another man and he raises next a complaint, this is anyhow to be rejected, and this man will generally lose his expenses).
31. If a man flooded the field of a man with water, he shall measure out three kur of barley per iku of field(If a man damages another man by flooding his field exactly with water, he has to justly and affirmatively measure out exceeding three kur of barley per iku of field as compensation).
32. If a man had let an arable field to a(nother) man for cultivation, but he did not cultivate it, turning it into wasteland, he shall measure out three kur of barley per iku of field(If a man had let an arable field to another man for ploughing, but that man personally did not breed it, turning it into wasteland, he shall measure out exceeding three kur of barley per iku of field just as compensation).



*Note: One mina ( 1/60 of a talent ) was made equal to 60 shekels ( 1 shekel = 8.3 grams, or 0.3 oz.).



————————————————————————————————————————————————————————



Code of Ur-Nammu


The prologue, typical of Mesopotamian law codes, invokes the deities for Ur-Nammu's kingship and decrees "equity in the land".
"…After Anand Enlilhad turned over the Kingship of Ur to Nanna, at that time did Ur-Nammu, son born of Ninsun, for his beloved mother who bore him, in accordance with his principles of equity and truth... Then did Ur-Nammu the mighty warrior, king of Ur, king of Sumer and Akkad, by the might of Nanna, lord of the city, and in accordance with the true word of Utu, establish equity in the land; he banished malediction, violence and strife, and set the monthly Temple expenses at 90 gur of barley, 30 sheep, and 30 sila of butter. He fashioned the bronze sila-measure, standardized the one-minaweight, and standardized the stone weight of a shekelof silver in relation to one mina... The orphan was not delivered up to the rich man; the widow was not delivered up to the mighty man; the man of one shekel was not delivered up to the man of one mina."

1. If a man commits a murder, that man must be killed.
2. If a man commits a robbery, he will be killed.
3. If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver.
4. If a slave marries a slave, and that slave is set free, he does not leave the household.
5. If a slave marries a native (i.e. free) person, he/she is to hand the firstborn son over to his owner.
6. If a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male.
7. If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free. (§4 in some translations)
8. If a man proceeded by force, and deflowered the virgin slavewoman of another man, that man must pay five shekels of silver. (5)
9. If a man divorces his first-time wife, he shall pay her one mina of silver. (6)
10. If it is a (former) widow whom he divorces, he shall pay her half a mina of silver. (7)
11. If the man had slept with the widow without there having been any marriage contract, he need not pay any silver. (8)
13. If a man is accused of sorcery he must undergo ordeal by water; if he is proven innocent, his accuser must pay 3 shekels. (10)
14. If a man accused the wife of a man of adultery, and the river ordeal proved her innocent, then the man who had accused her must pay one-third of a mina of silver. (11)
15. If a prospective son-in-law enters the house of his prospective father-in-law, but his father-in-law later gives his daughter to another man, the father-in-law shall return to the rejected son-in-law twofold the amount of bridal presents he had brought. (12)
17. If a slave escapes from the city limits, and someone returns him, the owner shall pay two shekels to the one who returned him. (14)
18. If a man knocks out the eye of another man, he shall weigh out ½ a mina of silver. (15)
19. If a man has cut off another man’s foot, he is to pay ten shekels. (16)
20. If a man, in the course of a scuffle, smashed the limb of another man with a club, he shall pay one mina of silver. (17)
21. If someone severed the nose of another man with a copper knife, he must pay two-thirds of a mina of silver. (18)
22. If a man knocks out a tooth of another man, he shall pay two shekels of silver. (19)
24. [...] If he does not have a slave, he is to pay 10 shekels of silver. If he does not have silver, he is to give another thing that belongs to him. (21)
25. If a man’s slave-woman, comparing herself to her mistress, speaks insolently to her, her mouth shall be scoured with 1 quart of salt. (22)
28. If a man appeared as a witness, and was shown to be a perjurer, he must pay fifteen shekels of silver. (25)
29. If a man appears as a witness, but withdraws his oath, he must make payment, to the extent of the value in litigation of the case. (26)
30. If a man stealthily cultivates the field of another man and he raises a complaint, this is however to be rejected, and this man will lose his expenses. (27)
31. If a man flooded the field of a man with water, he shall measure out three kur of barley per iku of field. (28)
32. If a man had let an arable field to a(nother) man for cultivation, but he did not cultivate it, turning it into wasteland, he shall measure out three kur of barley per iku of field. (29)




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