Did Moses copy the Law from the Code of Hammurabi?

The Law given by God to Moses, as recorded in the books of Exodus, Leviticus, Numbers and Deuteronomy in the Bible, has often been compared to the Code of Hammurabi, an ancient Mesopotamian legal code dating from around 1754 BC. On the surface, there appear to be some similarities between the two sets of laws. However, there are also significant differences that highlight the unique nature and origin of the Mosaic Law.

Some of the apparent similarities between the Code of Hammurabi and the Law of Moses include:

• Both contain legal prescriptions governing various areas of life, such as judicial procedures, family relations, property rights, commercial transactions, slavery, and personal injury.
• Both codes are attributed to important leaders – Hammurabi was the sixth king of the First Babylonian Dynasty, while Moses was the leader of the Israelites.
• Both claim divine authority – Hammurabi declared that he received his laws from the Babylonian gods, while Moses received the Law directly from Yahweh, the God of Israel.

However, while these basic similarities exist, the differences between the two codes are profound:

• The Law of Moses is presented as part of God’s covenant with Israel, not just a mundane legal code. It reflects God’s character and holiness.
• Many of the laws in the Pentateuch are religious and ethical in nature, dealing with man’s relationship to God. The Code of Hammurabi does not address religious matters.
• The Mosaic Law provides the foundation for Israel’s emerging national identity under Yahweh’s kingship. The Code of Hammurabi has no such function for the Babylonians.
• The principles behind many Mosaic laws are unique, such as care for the vulnerable and limiting retribution. The Code of Hammurabi was based on the common legal principles of ancient Mesopotamia.
• The Mosaic Law reflects Bronze Age cultural concepts, unlike the advanced civilization reflected in Hammurabi’s Code.
• There is no evidence the Israelites were familiar with Mesopotamian legal tradition prior to receiving the Law.

While somewhat lengthy legal texts like the Code of Hammurabi were not uncommon in the ancient world, the Mosaic Law stands apart in many ways. Let’s explore some key differences in more depth:

Theological Basis and Function

Unlike other ancient law codes, the Law of Moses was grounded in Israel’s covenant relationship with Yahweh. After delivering the Israelites from Egypt, Yahweh established a binding pact with them at Sinai. The essence of this covenant was: “I will be your God and you will be my people” (Exodus 6:7). God pledged his love and protection to Israel, and in return they were to love and obey him alone.

The Ten Commandments form the foundation of this covenant bond. Exodus 20 and Deuteronomy 5 state these were the only words God spoke directly to the people at Sinai. The Book of Exodus portrays Moses receiving the rest of the Law from Yahweh on Mount Sinai. This Law expanded on the basic principles in the Ten Commandments, providing Israel with instructions for living in covenant relationship with Yahweh. Therefore, at its core, the Mosaic Law is about fulfilling a loving relationship, not just maintaining an orderly society.

The Law also established Israel’s unique identity among the nations. God intended the Israelites to be a kingdom of priests and a holy nation (Exodus 19:6). The cultic laws set Israel apart from pagan religions. The judicial and moral laws reflected Yahweh’s just and compassionate character. By obeying the Law, the Israelites declared the greatness of their God to surrounding nations.

In contrast, the Code of Hammurabi and other ancient law codes were practical collections of legislative decisions, judgments and policies. They helped maintain a stable society, but did not define a nation’s identity or govern its relationship with deity. The Mosaic Law’s theological basis and function stands in stark contrast to the purely secular nature of the Code of Hammurabi.

Principles of Justice and Mercy

One of the most striking differences between the Mosaic Law and other ancient codes is its emphasis on protecting the vulnerable and limiting retribution. For example:

• The Law insisted on fair trials and testimonial evidence (Deuteronomy 19:15-19). Judicial torture was prohibited.
• Slavery was regulated to prevent permanent enslavement of fellow Israelites (Exodus 21:2-6). Runaway slaves were not to be returned to abusive masters (Deuteronomy 23:15-16).
• Creditors could not violate a debtor’s dignity or deprive them of livelihood (Deuteronomy 24:6, 10-13).
• Punishments were limited to prevent excessive retribution (Deuteronomy 25:1-3). The guilty alone were to be punished, not their family (Deuteronomy 24:16).
• The poor and disadvantaged were guaranteed provision and fair treatment (Leviticus 19:9-10, 33-34).

These protections went directly against the highly stratified social structures of the ancient world. They also contrast sharply with the Code of Hammurabi, which allows judicial torture, enslavement for debt, severe bodily mutilation as punishment, and collective family punishment.

The Mosaic Law upholds impartial justice and individual responsibility, unlike precedents from surrounding cultures. This reflects unique principles consistent with Yahweh’s holy, compassionate character. The Law’s emphasis on protecting the vulnerable resonates deeply with God’s concern for the oppressed expressed throughout the Bible.

Ancient Israelite Culture

Parts of the Mosaic Law assume an ancient Israelite culture very different from the advanced civilization reflected in the Code of Hammurabi. For example:

• The Law accommodates slavery but permits only debt slavery, not the state and temple slavery common in Mesopotamia (Leviticus 25:39-43).
• Laws about farming practices suit the small subsistence farms of early Israel, rather than large royal or temple estates (Leviticus 25:1-7).
• Cities of refuge are mandated for manslaughter cases, reflecting Israel’s tribal society (Numbers 35:9-34). Urban legal systems like those in Hammurabi’s Babylon had no need for this.
• Fines are based on weights of silver, not gold as in sophisticated economies (Exodus 21:32).
• Levirate marriage provides social security in a tribal context (Deuteronomy 25:5-10).

The cultural assumptions behind the Law fit a primitive tribal society of the Late Bronze Age, not the international trade economy of the mature Babylonian civilization in Hammurabi’s era. The Law’s adaptation to Israel’s pastoral economy and kinship structure provides no support for literary dependence on the advanced laws of Mesopotamia.

Lack of Cultural Contact and Interaction

There is no indication the Israelites were directly influenced by Mesopotamian legal tradition prior to receiving the Mosaic Law:

• The ancestors of Israel (Abraham, Isaac, Jacob) originated from Mesopotamia, but Genesis provides no mention of law codes among their cultural heritage.
• The Israelites lived in Egypt for centuries before the Exodus, becoming fully embedded in Egyptian culture.
• Evidence suggests the Israelites were pastoral semi-nomads prior to settling in Canaan. It is unlikely they had substantial contact with the urban culture of Babylonia.
• After the Exodus, the Israelites wandered in the Sinai wilderness for a generation with Moses as their sole leader and lawgiver.
• Apart from brief conquests, there is minimal evidence of significant Israelite contact with Mesopotamian civilization until the Assyrian and Babylonian Empires subjugated them centuries later.

In conclusion, a careful examination finds little evidence to suggest any direct literary dependence between the Mosaic Law and the Code of Hammurabi. Apparent similarities reflect common legal concerns shared by many ancient cultures. But substantial differences in theology, justice, cultural background and historical contacts make it very unlikely the Law was copied from sources like Hammurabi’s Code.

The Mosaic Law should instead be appreciated for its own unique qualities as divine legislation forming the foundation of Israel’s covenant relationship with Yahweh. Through Moses, God established Israel as his chosen nation and gave them laws tailored to preserving a just and compassionate society that honored His purposes. The Law stands as enduring revelation of God’s character and desire for how his people should live in relationship with Him and each other.