Middle Assyrian Laws

Historical source page 23

22 Morris Jastrow, Jr. manner customary between a man and his wife, 84 the woman is adjudged a 'procuress'. 85 But if no intercourse as between a man and his wife had actually taken place, then neither the adulterer nor the procuress have done anything. 86 They shall be released. 87 And if the man's wife 88 did not know (of the plot) and she entered the house of the woman, trusting the man's attitude towards her, 89 who had intercourse with her and if after leaving the house, she confesses 90 to having had intercourse, that woman is to be released — she is guiltless. 91 The adulterer and the procuress are put to death. But if the woman does not confess, the husband may impose punishment on his wife as he pleases; 92 and the adulterer and the procuress are put to death. 23 If the wife of a man in the face of her husband 93 and of her free 84 Note again the redundancy of legal phrases (as above in §13) to make it certain that actual adultery had taken place, which in the full legal sense involves a knowledge on the part of the adulterer that he was acting with another man's wife, and that the act was fully consummated in the normal manner. Moreover, one of the main points in this law is to ascertain the guilt of the 'procuress'. " mu-um-me-ri-lu — a new word, the meaning of which is certain from the context, and which sheds light on social conditions in Assyria. The under- lying stem appears to be amaru 'surround', the mummertiu being the woman who 'enmeshes', i. e., the easnarer. Cf. Prov. 7. 23. ** I. e., the man is not adjudged an adulterer, nor is the woman legally a 'procuress' if the intercourse has not actually taken place. »' The mere intent does not constitute a misdemeanor or a crime. The point of view in this law is consistently directed towards the wife as the husband's property. If no injury to the property has been done, there is no case. 88 Namely, the wife who was brought into another man's house did not know of the plot. 89 ki-4 pi-4 kenu ameli a-na eli-ld — an interesting phrase, to indicate that she had no cause for suspicion. »° iak-ti-bi, 'says,' which may merely indicate that she reports the occur- rence to her husband. 91 za-ku-at (as above § 13) literally— 'free' of blame or guilt. n Again punishment meted out by the husband and according to his pleas- ure, as in §§ 3 and 13. »» So the phrase runs (i-na pa-wi mu-ti-M) which appears to mean — as the Hebrew liphne is often used — in spite of her husband, against his protest.