Tag Archives: Shinar

Hammurabi, Abraham, and an Eye for an Eye

This week’s Torah reading is Mishpatim, literally “ordinances”, which is primarily composed of legal matters, as its name suggests. One of the most famous Torah phrases is found in this parasha: “you shall give a life for a life, an eye for an eye, a tooth for a tooth…” (Exodus 21:23-24). In legal terms, this is known by the Latin lex talionis, the law of retaliation.

Most people are well aware of the fact that in Judaism, this verse was never taken literally. It does not mean that if one person poked out the eye of another, then his eye gets poked out in turn. A simple example: what if the person doing the poking out is blind? Then poking out his eye in retaliation wouldn’t accomplish anything! And so, Jewish law is unequivocal on the fact that the Torah verse simply means that the punishment should fit the crime. In most cases, the punishment comes in the form of appropriate monetary compensation. The compensation should include medical expenses, lost wages, and the costs for the damages, both physical and emotional.

The Vilna Gaon had a beautiful way of proving that the Torah never meant retaliation, but financial remuneration instead. In Hebrew, the verse literally says “an eye under an eye” (ayin tachat ayin). The word for eye is עין, where the first letter is “under” (ie. alphabetically before) the letter פ, the second letter is under the letter כ, and the final letter is under ס. The letters above spell כסף, literally “money”. Thus, when the Torah says an eye under an eye, it secretly hints to monetary compensation.

In Roman law, as well, lex talionis referred to financial compensation, and not direct retaliation. However, a more ancient legal system – one that predates both Roman law, and even Jewish law – did indeed use this principle literally. In fact, this legal system phrases the law in a very similar way.

The Code of Hammurabi

In 1901, archaeologist Gustave Jéquier made a monumental discovery while excavating around the ancient Persian city of Susa. A massive stone stele with 44 columns of text written in the ancient Akkadian language. By the following year, the stele had been translated. It was a legal code, composed of 282 laws, dating back almost four thousand years to the reign of the Babylonian king Hammurabi (c. 1810-1750 BCE). The code begins with a brief legendary history of Babylon:

Stele of Hammurabi's Code, currently housed at the Louvre in Paris

Stele of Hammurabi’s Code, currently housed at the Louvre in Paris. The top of the stele depicts Hammurabi receiving the laws from his patron god, Marduk.

When Anu the Sublime, King of the Anunnaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, god of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak…

The text (which can be read in full here) then lists the laws of Hammurabi’s kingdom. It is amazing to see how many laws parallel those of this week’s parasha, among them laws of slavery, theft, and damages. Some are even expressed in similar phrases. Law #196: “If a man put out the eye of another man, his eye shall be put out.”

Who is Hammurabi?

Hammurabi’s code is perhaps the earliest known legal system. In fact, it is one of the oldest pieces of text ever discovered. Incredibly, archaeologists have also uncovered a multitude of tablets and writings from his reign, including as many as 55 of his own letters. And Hammurabi’s greatness goes far beyond these writings.

Mesopotamia at the time of Hammurabi

Mesopotamia at the time of Hammurabi

Though initially his reign was peaceful, Hammurabi was soon mired in various wars by the aggression of neighbouring city-states. Hammurabi came out on top, and by the end of his reign had unified all the city-states of Mesopotamia under the Babylonian banner. He transformed Babylon into a metropolis and temple-laden holy city, putting it on the map for eternity. Thousands of years later, Jews still refer to the Talmud as the Bavli, the Babylonian (due to its composition in formerly-Babylonian lands, and to distinguish it from the lesser-known Yerushalmi Talmud).

Of course, Babylon also made its way into the Torah. Before there is mention of any of our patriarchs, there is mention of the city of Babylon, with its Tower soaring to the Heavens, and drawing God’s wrath. And it appears that Hammurabi himself made it into the Holy Book.

While “Hammurabi” is an Anglicized name, the king’s name was actually pronounced Ammurapi, or Ammuraphi. In Genesis 14 we read: “And it came to pass in the days of Amraphel, king of Shinar…” Shinar is the Biblical name for Mesopotamia (likely stemming from shnei naar, the land between the two rivers, which is the same as the Greek Mesopotamia). Meanwhile, Rashi comments that Amraphel was none other than Nimrod, the great king of Babylon.

The tradition surrounding Nimrod is rich and varied. The Torah says he was a “great hunter before God” (Genesis 10:8) which some interpret to mean that he was a righteous, God-fearing man (Hammurabi’s stele also describes him as God-fearing). Others point out that his name Nimrod means “to rebel”, so he must have been the rebel who built the Tower of Babel in an attempt to conquer the Heavens.

Whatever the case, after the Great Dispersion and the confounding of languages that followed the Tower, Nimrod became Amraphel. His exit from the Torah comes at the hands of Abraham, who miraculously defeated him in the War of the Kings.

Though there is no way to say for sure that Hammurabi is Amraphel, or if he ever encountered Abraham, what we do know is that their lifespans certainly overlapped. The traditional Jewish dating for Abraham’s birth corresponds to the year 1812 BCE, while historical records suggest that Hammurabi was born around 1810 BCE.

Unfortunately, looking back so far into history is often futile, and presents a murky image at best. Perhaps future archaeological discoveries will clear up the past. Alas, for the time being we are left only to wonder about what could have been…

The Origins of Jerusalem and the Priesthood

“Isaac Blessing Jacob”, by Gustav Doré

This week’s Torah reading is Toldot, featuring the births and early lives of the twins Jacob and Esau. After twenty years of marriage, Isaac and Rebecca finally conceive. The pregnancy proves to be a strange one, though, with Rebecca’s restless womb feeling like a battlefield. Rebecca decides to seek the counsel of a prophet to figure out what’s going on. It is revealed that she is carrying twins, each of which will go on to found large nations and kingdoms that will always compete with one another. Even in the womb, they are already struggling for dominance. It is prophesized that ultimately the elder twin (Esau) will serve the younger twin (Jacob).

The Torah is unclear about who it was that made this prophecy. In the simplest sense, it is possible that Rebecca herself received the prophecy directly from God since she, too, was a prophetess like all the matriarchs. However, the accepted tradition (and the one cited by Rashi) is that she went to consult with Shem, the son of Noah.

Shem, or Melchizedek?

Depending on how one reads the verses, Shem must have lived for 600 or 602 years. (In the past, we’ve written of the seemingly impossible lifespans of the pre-Flood generations.) The traditional year for the Flood on the Hebrew calendar (where years are designated with an AM, anno mundi) is 1656 AM, approximately 2104 BCE. Shem was around 100 years old at this time (Genesis 11:10), which means that Shem lived roughly until 2156 AM. Abraham was born in 1948 AM, Isaac in 2048 AM, and Jacob in 2108 AM, so it is a very real possibility that Shem met all three patriarchs.

In the 14th chapter of Genesis, we read about Abraham’s war with the alliance of four kings, headed by Amraphel of Shinar. After defeating the kings, Abraham is greeted by Melchizedek, the king of Salem (Shalem), who is also described as being a priest (kohen). Rashi cites the midrash that Melchizedek is none other than Shem, the son of Noah. How did Shem become Melchizedek?

Back to the Tower of Babel

A few weeks ago we wrote of the Tower of Babel and how this Tower was very different from what people generally think. In the aftermath of the Tower, the people – once all living in a single city, with a single language – were scattered across the Earth, and their languages confounded. Not surprisingly, since their languages had totally changed, their names must have totally changed, too. After all, how could those scattered to, say, China, retain their old Semitic names from a life they no longer had any memory of, and with syllables they could no longer pronounce in their new tongue?

Indeed, Rashi tells us that Amraphel, the king of Shinar – leader of the alliance against Abraham – is the very same person as Nimrod – the king who previously tried to kill Abraham by throwing him into a fiery furnace! Before the Tower, the king was known as Nimrod (in fact, many consider him to be the one who spearheaded the Tower project). Now, after the confounding of languages, he was Amraphel of Shinar. And in the same way, Shem was now Melchizedek of Salem.

The First King of Jerusalem

The Torah tells us that following the Flood, Noah brought sacrificial offerings to God. The midrash (Beresheet Rabbah 30:6) fills in that it was actually Shem who facilitated the offerings. Upon exiting the Ark, Noah was attacked by a lion and seriously injured, preventing him from performing the sacrificial rites. Shem stepped in, becoming history’s first official priest. He held onto this role for several centuries. Knowing that Jerusalem is the spiritual centre of the world, and God’s chosen site for offerings, Shem settled there. He called the place Shalem, literally “wholeness” and “peace”, and soon became its king as well.

Following Abraham’s war, it is said that Shem, now known as Melchizedek, conferred the priesthood upon him. The priesthood was then passed down from father to son through the special birthright and blessing (as we read in this week’s portion). With the sin of the Golden Calf at Mt. Sinai, the firstborn of Israel collectively lost their rights to the priesthood, which was now transferred solely to the tribe of Levi, and more specifically, to the descendants of Aaron. To this day, Jews do the pidyon haben ceremony thirty days after the first male child is born, commemorating this transfer of priesthood from the firstborn to the descendants of Aaron.

Meanwhile, Abraham would later ascend Mt. Moriah in the territory of Salem to bind Isaac in the Akedah. Following this test, Abraham called the place Hashem Yireh, literally “where God is seen”. The Sages say that since the righteous Shem called the place Shalem, and the righteous Abraham called it Yireh, God did not want to choose one name over the other, and so, combined the two to make Yerushalaim, Jerusalem.

The Return of the Righteous Priest

How the life of Shem-Melchizedek came to an end appears to be a mystery. Some ancient Jewish texts put him in the same league as Elijah and Enoch, two people who are said to have never died, but rather ascended to the Heavens alive. The Talmud (Sukkah 52b) speaks of a “Righteous Priest” who comes at the End of Days, together with Elijah and the two Messiahs: Mashiach ben David, and Mashiach ben Yosef. The midrash identifies this Righteous Priest as Melchizedek. Together, they make up the “Four Craftsmen” prophesized by Zechariah that will finally usher in a new, peaceful world. May we merit to see it soon.