by
Damien
F. Mackey
“ASSYRIOLOGISTS have for some
years past come to the conclusion that the dynasty to which Hammurabi belonged
was not indigenous …”.
Stanley A. Cook weighs up the arguments for the
dynasty of King Hammurabi to have been either Northern Semitic or Arabian (The Laws of Moses and the Code of Hammurabi):
https://archive.org/stream/lawsofmosescodeo00cookrich/lawsofmosescodeo00cookrich_djvu.txt :
… the question of the origin of the dynasty of Hammurabi becomes one of
peculiar importance for the study of the Code. If it could be proved that the
dynasty was North Semitic, and therefore of the same stock as the later [sic] Phoenicians,
Moabites, and Israelites, might it not be plausible to suppose that the Code
was based upon legal institutions which were familiar to those peoples?
But the question in the present state of knowledge cannot be placed
beyond dispute, and there are Assyriologists, whose opinion must carry great
weight, who have argued in favour of an Arabian; origin. This, in like manner,
if it could be conclusively maintained, would be of the utmost interest for our
study. If the kings of the first Babylonian dynasty came from Arabia, would it
not be reasonable to infer that the legal elements in the Code were specifically
Arabian? one immediately recalls the important part played by (North) Arabia in
the early history of the Israelites, the traditions of the wanderings in the
wilderness, and the influence of the Midianite Jethro on Moses' work, which is
described in the most explicit manner by the Elohist in Exod. 18. Apart from
these questions, it will be necessary to inquire also whether Israel was as
susceptible to outside influence as is frequently assumed, and we must also
bear in mind that Jewish law was the result, not of a single promulgation like
the Code of Hammurabi [sic], but of a gradual development. The preliminary
problems therefore, are intimately connected not only with the Code itself, but
with the whole question of the relation of the Code to Israelite law.
CHAPTER II
BABYLONIA AND ISRAEL
….
ASSYRIOLOGISTS have for some years past come to the conclusion that the
dynasty to which Hammurabi belonged was not indigenous, 1 and have associated
it with one of those waves of immigration which have recurred from time to time
in the history of the Semites. Although the evidence is linguistic and
linguistic arguments, taken by them-
selves, are extremely precarious it is striking enough to deserve
attention, and may be briefly recapitulated here. The evidence in question is
chiefly derived from a number of proper names which, it is agreed, are not of
the pure Babylonian type. Thus, even the Babylonian scribes regarded the name
Hammurabi as foreign, and glossed it by Kimta-rapastum, "wide-extended
family," obviously regarding the name (which is sometimes written
Ammurabi) as a compound, not of ham, "father-in-law," but of amm,
with the meaning "family"; an interpretation which may be claimed
also for the Hebrew and Arabic am(m). …. In like manner, they find it necessary
to explain the name Ammi-saduga, one of Hammurabi's successors, by
Kimtum-kettum, "just or righteous family."
Further, in names of this dynasty, s is used where the older Babylonian
employs s, notably in [text her lacks proper ‘s’ variations]; Samsu-iluna as
contrasted with Samsu. The termination -na in the above name, which is interpreted
"Samas our god," is quite distinct from the ordinary Babylonian -ni.
The imperfect, which usually takes the form imlik, appears as iamlik in
lamlik-ilu, larbi-ilu, etc. There are, besides, a number of minor details, for
an account of which reference may be made to the recent discussion by Ranke … who
is on the side of Hommel, Sayce, and A. Jeremias, in favouring the Arabian
origin of the dynasty. But Winckler and Delitzsch, who are equally convinced
that it was not indigenous, have arrived at a different conclusion.
"Linguistic and historical considerations," says the latter,
"combine to make it more than probable that these immigrant Semites
belonged to the Northern Semites, more precisely to the linguistically
so-called 'Canaanites' (i.e. the Phoenicians, Moabites, Hebrews, etc.)." ….
And whilst Hommel points out that Ammi-saduga is identical with the old Arabian
Ammi-saduka (Halevy, 535), Delitzsch remarks that zadug (another form of the
second element) "may point to a … ‘Canaanite' dialect, both lexically . .
. and phonetically." …. The suffix -na to which reference has already been
made, is no proof of Arabian origin,
since not only is it also Aramaic (-no), but Delitzsch points out that
"it is at least equally probable that iluna represents an adjective."
Arguments founded upon hypothetical interpretations of proper names can
scarcely pass muster, and it is therefore unsafe to find traces of Arabic either
in the second element in Ammi-satana, which is explained from the Arabic sadd,
"mountain," … or in the particle pa in Pa-la-samas, which, according
to Hommel, … means "Is it not then Samas ?" Even if the
interpretation were correct, pa is by no means necessarily the Arabic fa, since
it is well known that it appears several times in the old Aramaic inscriptions
from Zinjirli in North Syria. The nominal form maful in the names Maknubi-ilu,
Makhnuzu,
is certainly common in Arabic, but though rare in Hebrew, it is not
unfamiliar in Aramaic. Arabian influence has also been claimed for the name
Akbaru (afal form), but it lies close at hand to compare the Hebrew 'akbor,
"mouse." Passing over the isolated examples of mimmation which are
claimed by Ranke, … we may note that the imperfect form iamlik, though it
certainly presupposes a Semitic race distinct from the Babylonian, is not
necessarily Arabic, since the earliest form of the preformative in North
Semitic was originally ya-, and probably did not pass over into j/e- until a
comparatively late period. …. Finally, the element Sumu in Sumu-abi, etc.,
although explained to mean "his name" (sum-kit), can scarcely be
claimed as specifically Arabic, since in the oldest Arabian inscriptions the
Minean the form would be Sum-su, and Hommel himself, who recognises this
difficulty, is forced to suppose that the Minean form of the suffix, with su as
contrasted with hu in the later (Sabean) inscriptions and in Arabic, was in its
turn due to Babylonian influence. …. The discussion is further complicated by
the fact that the linguistic phenomena which characterise the names of the
dynasty are also to be found upon a number of the Assyrian contract-tablets
from Cappadocia, which, though of extremely uncertain age and origin, are necessarily
assigned by Hommel to the age of Hammurabi. ….
The truth is, we know too little of the earlier A history of the
languages of Canaan and Arabia in … the time of Hammurabi. At that remote
period (about 2250 B.C.) [sic], to quote Bevan, "Semitic languages may
have been spoken of which we know nothing. Words and forms which we are
accustomed to regard as characteristically Arabic may then have existed in no
Semitic language, or may have been common to all Semites. Even with regard to a
much later period, our linguistic information is extremely imperfect; whether,
for instance, the language of the Midianites, the Edomites, or the Amalekites,
in the time of David, was more nearly akin to Hebrew or to Arabic is a matter
of pure conjecture.
[End of quote]
‘Information will be extremely less imperfect’ when it is recognised
that Hammurabi belongs to the approximate time of David, as a contemporary of
his son, Solomon. Then, as with a revised El Amarna, linguistic difficulties
will far more easily explained.
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