I have chosen this particular topic for discussion not so much because of its intrinsic interest, but rather because of the opportunity it gives us to see ancient Near Eastern sources in their interrelationship. Let me commence with some words of introduction concerning the sources which will be considered. These are altogether four: the Laws of Eshnunna (LE), the Code of Hammurabi (CH), the biblical Book of the Covenant, and finally the Talmud. Between them they extend over some 2,000 years or more; nevertheless, it is my submission that not only may they be compared with profit, but even that there are some actual links which connect them.

The city of Eshnunna is situated to the East of the Tigris, on the bank of its tributary, the Diyala. The kingdom occupied an important strategic position between Assyria (in the North), Babylon (in the West), Isin and Larsa (in the South), and Elam (in the East). Much of its history is as yet uncertain, and it is not my intention, nor am I competent, to trace the fluctuating fortunes of the kingdom, the victories and defeats of its rulers. Eshnunna finally fell victim to the expansionist policies pursued with success by Hammurabi of Babylon, during the fourth decade of his reign.

When Professor Ginossar invited me to address you, he very liberally left the choice of topic to me. “Talk about anything you want,” he said, “about Eshnunna, or about the Land of Israel Movement, or about anything else you consider proper.” This left me in somewhat of a quandary. I might have talked to you about ancient legal history, about Rome, or about the Jewish military colony at Elephantine, in southern Egypt, of the 5th century B.C., or else about the laws of Eshnunna, an Old-Babylonian kingdom of the 18th century B.C. But then one should beware of imposing one's specialties on a general audience, however intelligent, kind and tolerant. At the very best the interest of a few might be kindled, for others the likely result is boredom—albeit in after-lunch talks alleviated by a tendency to post-prandial somnolence.

I might have talked about politics. This—I feel quite certain—would have kept everyone wide awake. But while I do hope that some of you would have agreed with my views, a few might even have been persuaded, I have no doubt whatsoever that others would have disagreed quite strongly. In the end I did not think it proper to introduce that much controversy into this “happy dwelling together of brethren”. If I had been expressly asked to talk about politics, I should have complied without hesitation (and perhaps there may be some other occasion for it). But, since the matter was left to my discretion, I decided against it.

The laws of the Old-Babylonian kingdom of Eshnunna (LE) were discovered in 1945 and 1947, on two parallel tablets, during excavations on the outskirts of Baghdad. In 1948 a first edition, with English translation, was published by Professor Albrecht Goetze, of Yale University. Since then the LE have been translated into many languages, major and minor, and a considerable literature has grown up around them. Goetze himself has repeatedly returned to the Laws of Eshnunna. His standard edition of the LE, now in general use by scholars, was published in 1956.

Eshnunna, to the east of the river Tigris, flourished during the early second millennium B.C. Much of its history is as yet uncertain. Here it will suffice to note that it finally fell victim to the expansionist policies pursued with success by Hammurabi of Babylon, during the fourth decade of his reign. The date of promulgation of the LE is uncertain, but it is at least agreed that they precede the Code of Hammurabi, though one cannot know by how much. It is then a fair guess that they were issued in the course of the 18th century B.C.; thus they constitute the earliest collection known at present, of legal rules in Akkadian.

Cuneiform sources, of different periods and places, contain a wealth of information concerning the activities of the merchant (tamkarum). Especially noteworthy is the Old-Babylonian material, which has recently been the subject of a detailed monograph. No less important is the Old-Assyrian material from the trading centre of Kaniš, discovered in ever-growing quantities in the course of excavations which continue up to the present. All these are private documents, both legal and non-legal, giving a varied and detailed picture.

When one turns to the various collections of legal rules, the results are rather disappointing. The only significant block of provisions is that in the Code of Hammurabi, commencing in the damaged part of the stele (sections U and V), and continuing in sections 100–107. They all concern, one way or another, trading operations; they purport to regulate the relations between a person who supplies capital or goods (the tamkarum), and his agent, acting on his behalf, going abroad to buy and to sell. One characteristic feature stands out at once: as a rule, though not necessarily always, the law merchant concerns itself with activities abroad, beyond the borders of the city-state. This general impression is confirmed also by such provisions as that of CH 32 (merchant ransoming prisoner of war), and CH 281/282 (purchase abroad of slave).

Our colleague, Professor Ze'ev Falk died on the eve of Rosh Hashana 5759, at the age of 75. His scholarly interests ranged widely; he was expert, inter alia, on the law of the interim period, between Bible and Talmud. Concerning later periods, his attention was given primarily to the law of marriage and divorce. He was a deeply religious man, yet free from any trace of complacency. When, as happens, he was unhappy with the way halakha went, he was wont to speak out and search for solutions. That the custodians of halakha would not tend to heed his suggestions, need not surprise. As a rule, they are reluctant to take notice of question-marks and solutions originating from without; and in their strict sense Falk was an outsider. But this was their problem rather than his.

This short paper is presented here in eius memoriam, as a token of friendship and respect. It would have been within the sphere of his interest.

May he rest in peace.