Middle Assyrian Laws

Historical source page 38

An Assyrian Law Code 37 Her finery 38 they shall not take away, (but) the garment in which she is seized shall be taken away. 39 She receives 50 lashes, and pitch 40 they pour on her head. And if a man sees a harlot veiled and lets her go, 41 (and) does not bring her to the palace, that man receives 50 lashes, his batikan 42 (and) his garment are taken away. His ear they pierce, 43 boring it with a drill 44 and attaching it (i. e., the lobe) to the back 45 (sc. of the ear) and he must perform one month's royal service. Slave girls are not to go veiled. 46 If one sees a maid veiled, one must seize and bring her to the palace. They cut off her ear, and the garment in which she is seized is taken away. 47 If a man sees a maid veiled and lets her go, does not seize her and does not bring her to the palace, they seize him 38 H-ku-ut-ta, 'precious, costly' (Muss-Arnolt, Assyrian Dictionary, p. 1035a), here seems to refer to the harlot's ornaments. "I. e.,- she is probably exposed. 40 ki-ra-a, for which Hommel long ago suggested 'pitch' (Muss-Arnolt, Assyrian Dictionary, p. 432b). Since pitch was used for caulking, the term also acquired the force of 'caulking' in the sense of filling up with pitch. So in the Deluge Story (Gilgamesh Epic XI, 66). 41 ti-ta-as-sar (also line 95) from asaru, which among many meanings also has the force of 'let go', and from which the intensive form ussuru means to 'release, acquit', etc., as used in our code, e. g., § 4. 42 ba-a-ti-ka-ah-su (so also to be supplied in line 104) is an implement of some kind made of iron (Muss-Arnolt, p. 206b) but exactly what is meant is hard to tell — perhaps a sword, or possibly the ornamental stick (like a mace- head) which, according to Herodotus, I. § 195, every freeman carried. 43 u-pal-lu-u-sti, from palasu, 'to pierce'. 44 i-na ib-li, evidently designating the boring instrument. 46 a-na ku-tal-li-liX. The pierced lobe of the ear is bent back and attached with an awl to the back of the ear. This is apparently done to disfigure the individual. The piercing alone without the attaching of the lobe to the back of the ear occurs in our text, § 43, as a punishment for the one who retains an Assyrian man or woman in his house for debt. The 'boring of the ear' in the Covenant Code (Ex. 21. 6) and in the Deuteronomic Code (Deut. 15. 17) for the slave who declines to accept his freedom, must have been originally a form of branding the slave. Perhaps a clay tag was attached to the pierced lobe, identifying the slave. The Biblical law which proposes to modify the law of slavery by limiting slave service (in the case of Hebrews) to a period of six years — practically an indenture— retains the old custom of thus branding slaves, but limits it to slaves who decide to remain with their master. 46 Because belonging to a lower class of society. Slave girls no doubt were distinguished in some other way, perhaps by a tag attached to the ear or by a brand on the forehead. 47 As a female slave, she is not supposed to have any finery.