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Why was “leaping into the river” a valid trial outcome to prove one's innocence?

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2

1

The second law of the Code of Hammurabi states:

[2] If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

Why was jumping into the river a valid way to solve a dispute? Was it a specific river?

(Being Mesopotamia surely brings two specific rivers to mind)

law mesopotamia ancient-babylon code-of-hammurabi

share|improve this question

asked 8 hours ago

MindwinMindwin

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• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  A lot of Monty Python to unpack in this law!
  
  – YokedSinger8062
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  What have you researched on this so far? Doesn't for example the WP entry on Trial by ordeal answer your question?
  
  – LangLangC
  7 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @LangLangC only superficially as all WP articles these days do. It is like sipping the Lamen broth and taking it for the meal. That is why we came to the expert site and ask our betters. I did read some articles and even the code itself but googling these days is almost as good as the former example.
  
  – Mindwin
  5 hours ago
  
  

  
  
  
  

add a comment | 

2

1

The second law of the Code of Hammurabi states:

[2] If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

Why was jumping into the river a valid way to solve a dispute? Was it a specific river?

(Being Mesopotamia surely brings two specific rivers to mind)

law mesopotamia ancient-babylon code-of-hammurabi

share|improve this question

asked 8 hours ago

MindwinMindwin

21111 silver badge99 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  A lot of Monty Python to unpack in this law!
  
  – YokedSinger8062
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  What have you researched on this so far? Doesn't for example the WP entry on Trial by ordeal answer your question?
  
  – LangLangC
  7 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @LangLangC only superficially as all WP articles these days do. It is like sipping the Lamen broth and taking it for the meal. That is why we came to the expert site and ask our betters. I did read some articles and even the code itself but googling these days is almost as good as the former example.
  
  – Mindwin
  5 hours ago
  
  

  
  
  
  

add a comment | 

The second law of the Code of Hammurabi states:

[2] If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

Why was jumping into the river a valid way to solve a dispute? Was it a specific river?

(Being Mesopotamia surely brings two specific rivers to mind)

law mesopotamia ancient-babylon code-of-hammurabi

share|improve this question

asked 8 hours ago

MindwinMindwin

21111 silver badge99 bronze badges

share|improve this question

asked 8 hours ago

MindwinMindwin

21111 silver badge99 bronze badges

share|improve this question

asked 8 hours ago

MindwinMindwin

21111 silver badge99 bronze badges

asked 8 hours ago

MindwinMindwin

21111 silver badge99 bronze badges

asked 8 hours ago

MindwinMindwin

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1 Answer
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oldest

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4

It was a divine judgement in cases where the evidence was inconclusive:

The ordeal was not so much a means of giving evidence as a referral of
the issue to a higher court — that of the gods. Clear examples are found
only in Mesopotamia and Anatolia, where it took the form of a river
ordeal, the river being conceived of as a divinity. The trial could
involve one or both parties. The mechanics are not well documented,
but it seems that ordeals were carefully monitored and could involve
swimming or carrying an object in water a certain distance. At Mari,
the use of substitutes for the parties is attested. Drowning indicated
guilt, but the unsuccessful subject could be rescued prior thereto and
punished. The issue need not be criminal; already in the third
millennium, disputes over property could be settled by ordeal.

Source: Raymon Westbrook (ed), 'A History of Ancient Near Eastern Law' (2003) p.34

share|improve this answer

edited 6 hours ago

sempaiscuba♦

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answered 6 hours ago

Lars BosteenLars Bosteen

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• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  Sounds like knowing how to find swim was an important skill!
  
  – C Monsour
  4 hours ago
  

  
  
  
  

add a comment | 

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4

It was a divine judgement in cases where the evidence was inconclusive:

The ordeal was not so much a means of giving evidence as a referral of
the issue to a higher court — that of the gods. Clear examples are found
only in Mesopotamia and Anatolia, where it took the form of a river
ordeal, the river being conceived of as a divinity. The trial could
involve one or both parties. The mechanics are not well documented,
but it seems that ordeals were carefully monitored and could involve
swimming or carrying an object in water a certain distance. At Mari,
the use of substitutes for the parties is attested. Drowning indicated
guilt, but the unsuccessful subject could be rescued prior thereto and
punished. The issue need not be criminal; already in the third
millennium, disputes over property could be settled by ordeal.

Source: Raymon Westbrook (ed), 'A History of Ancient Near Eastern Law' (2003) p.34

share|improve this answer

edited 6 hours ago

sempaiscuba♦

62.1k88 gold badges222222 silver badges288288 bronze badges

answered 6 hours ago

Lars BosteenLars Bosteen

55.6k1111 gold badges244244 silver badges330330 bronze badges

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  Sounds like knowing how to find swim was an important skill!
  
  – C Monsour
  4 hours ago
  

  
  
  
  

add a comment | 

4

It was a divine judgement in cases where the evidence was inconclusive:

The ordeal was not so much a means of giving evidence as a referral of
the issue to a higher court — that of the gods. Clear examples are found
only in Mesopotamia and Anatolia, where it took the form of a river
ordeal, the river being conceived of as a divinity. The trial could
involve one or both parties. The mechanics are not well documented,
but it seems that ordeals were carefully monitored and could involve
swimming or carrying an object in water a certain distance. At Mari,
the use of substitutes for the parties is attested. Drowning indicated
guilt, but the unsuccessful subject could be rescued prior thereto and
punished. The issue need not be criminal; already in the third
millennium, disputes over property could be settled by ordeal.

Source: Raymon Westbrook (ed), 'A History of Ancient Near Eastern Law' (2003) p.34

share|improve this answer

edited 6 hours ago

sempaiscuba♦

62.1k88 gold badges222222 silver badges288288 bronze badges

answered 6 hours ago

Lars BosteenLars Bosteen

55.6k1111 gold badges244244 silver badges330330 bronze badges

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  Sounds like knowing how to find swim was an important skill!
  
  – C Monsour
  4 hours ago
  

  
  
  
  

add a comment | 

It was a divine judgement in cases where the evidence was inconclusive:

The ordeal was not so much a means of giving evidence as a referral of
the issue to a higher court — that of the gods. Clear examples are found
only in Mesopotamia and Anatolia, where it took the form of a river
ordeal, the river being conceived of as a divinity. The trial could
involve one or both parties. The mechanics are not well documented,
but it seems that ordeals were carefully monitored and could involve
swimming or carrying an object in water a certain distance. At Mari,
the use of substitutes for the parties is attested. Drowning indicated
guilt, but the unsuccessful subject could be rescued prior thereto and
punished. The issue need not be criminal; already in the third
millennium, disputes over property could be settled by ordeal.

Source: Raymon Westbrook (ed), 'A History of Ancient Near Eastern Law' (2003) p.34

share|improve this answer

edited 6 hours ago

sempaiscuba♦

62.1k88 gold badges222222 silver badges288288 bronze badges

answered 6 hours ago

Lars BosteenLars Bosteen

55.6k1111 gold badges244244 silver badges330330 bronze badges

share|improve this answer

edited 6 hours ago

sempaiscuba♦

62.1k88 gold badges222222 silver badges288288 bronze badges

answered 6 hours ago

Lars BosteenLars Bosteen

55.6k1111 gold badges244244 silver badges330330 bronze badges

edited 6 hours ago

sempaiscuba♦

62.1k88 gold badges222222 silver badges288288 bronze badges

edited 6 hours ago

sempaiscuba♦

62.1k88 gold badges222222 silver badges288288 bronze badges

answered 6 hours ago

Lars BosteenLars Bosteen

55.6k1111 gold badges244244 silver badges330330 bronze badges

answered 6 hours ago

Lars BosteenLars Bosteen

55.6k1111 gold badges244244 silver badges330330 bronze badges