THE JUDGMENT OF THE ORDALİ IN THE FIRST WRITTEN LAW OF MESOPOTAMIA AND ITS REFLECTIONS ON OTHER CULTURES

Authors : Enver Akın

Pages : 125-150

View : 36 | Download : 28

Publication Date : 2024-06-30

Article Type : Research Paper

Abstract :Ordali, derived from the words “Ordal” in English and “Urteil” in German, meaning judgment, is a method of throwing people into the raging water to find out whether the accused are guilty or not. In the trial conducted under the control of the administrators, under the control of the temple and under the supervision of the judges, those who were thrown into the raging waters and crossed the river without drowning were considered innocent, and those who could not cross the river and drowned were considered guilty. It is understood that this form of judgment, which was applied for the first time in the world on the Tigris and Euphrates rivers in Mesopotamia, actually turned into a form of divine judgment originating from the idea that these two rivers that give life to the region can only cleanse the evil (criminals) with their waters. We encounter the first information about the river ordali in the Urukagina laws, known as the earliest laws. In the 6th article of the Urukagina laws, it is stated that previously women were owned by two men without punishment, but now such women are thrown into the water (ordali). In the Ur-Nammu laws, we see the practice of “throwing into the river” in cases of magic and adultery. In Article 10, if a man accuses a man of witchcraft, the accused man is taken to the river god and thrown into the river. In the laws of Ana Ittishu in Mesopotamia, in Article 1, if a woman hates her husband and tells him that you are not my husband, that woman will be thrown into the river. According to Article 28 of the Eşnunna law, the penalty for a married woman who commits adultery is death. We can also see some different practices in the laws of Hammurabi, which are the most detailed among the Mesopotamian laws. According to Article 132 of the Code of Hammurabi, if a man’s wife is accused of adultery by another man and is caught sleeping with a man, they are thrown into the water together. In the laws of Hammurabi, the important reasons for a woman to be thrown into the river include not keeping her house in order, not protecting her husband’s property, speaking badly about her husband, or being a street-loving person. Again, in Article 2 of the Code of Hammurabi, the harshness of the decisions for river trials, especially regarding witchcraft and slander, is striking. In the Middle Assyrian Laws, the practice of “throwing into water” was also practiced in case of adultery. Article 17 states that if a man accuses a married woman of adultery and there is no witness, the man who slandered will be thrown into the water just as the woman who was slandered will be thrown into the water. Likewise, the practice of river ordal continued in the Neo-Assyrian Period. The most important cities in Mesopotamia where river ordal was made the cities of Hit, famous for its oil spills, and Sippar, the cult center of the god Shamash, to whom Hammurabi attributed his laws. We learn from written sources that river ordal was also practiced in Anatolia, which was influenced by Mesopotamia. We also encounter some practices reminiscent of ordali on the Nile River, which gave life to Egypt. Although the application of River Ordali is not directly encountered in Greek and Roman cultures, it is seen that river gods and water resources have an important place in some legal practices and decisions due to the influence of Mesopotamia.
Keywords : Nehir Ordali, hukuk, Mezopotamya, Urukagina, Hammurabi, Anadolu, Mısır, Grek ve Roma