Hammurabi and Moshe
(ח) וּמִי֙ גּ֣וֹי גָּד֔וֹל אֲשֶׁר־ל֛וֹ חֻקִּ֥ים וּמִשְׁפָּטִ֖ים צַדִּיקִ֑ם כְּכֹל֙ הַתּוֹרָ֣ה הַזֹּ֔את אֲשֶׁ֧ר אָנֹכִ֛י נֹתֵ֥ן לִפְנֵיכֶ֖ם הַיּֽוֹם׃
(8) And how great is this nation, that has statutes and ordinances so righteous as this Torah, which I set before you today
Law Systems in the Torah
(א) כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃ (ב) וְיָצְאָ֖ה מִבֵּית֑וֹ וְהָלְכָ֖ה וְהָיְתָ֥ה לְאִישׁ־אַחֵֽר׃ (ג) וּשְׂנֵאָהּ֮ הָאִ֣ישׁ הָאַחֲרוֹן֒ וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּית֑וֹ א֣וֹ כִ֤י יָמוּת֙ הָאִ֣ישׁ הָאַחֲר֔וֹן אֲשֶׁר־לְקָחָ֥הּ ל֖וֹ לְאִשָּֽׁה׃ (ד) לֹא־יוּכַ֣ל בַּעְלָ֣הּ הָרִאשׁ֣וֹן אֲשֶֽׁר־שִׁ֠לְּחָהּ לָשׁ֨וּב לְקַחְתָּ֜הּ לִהְי֧וֹת ל֣וֹ לְאִשָּׁ֗ה אַחֲרֵי֙ אֲשֶׁ֣ר הֻטַּמָּ֔אָה כִּֽי־תוֹעֵבָ֥ה הִ֖וא לִפְנֵ֣י ה' וְלֹ֤א תַחֲטִיא֙ אֶת־הָאָ֔רֶץ אֲשֶׁר֙ ה' אֱלֹהֶ֔יךָ נֹתֵ֥ן לְךָ֖ נַחֲלָֽה׃ (ס)
(1) When a man takes a wife, and marries her, then if she finds no favor in his eyes, because he has found some unseemly thing in her, that he writes her a bill of divorce, and gives it in her hand, and sends her out of his house, (2) and she departs out of his house, and goes and becomes another man’s wife, (3) and the latter husband hates her, and writes her a bill of divorce, and gives it in her hand, and sends her out of his house; or if the latter husband die, who took her to be his wife; (4) her former husband, who sent her away, may not take her again to be his wife, after she is defiled; for that is an abomination before the Lord; and you shall not cause the land to sin, which the Lord your God gives you for an inheritance.
(טו) כִּֽי־תִהְיֶ֨יןָ לְאִ֜ישׁ שְׁתֵּ֣י נָשִׁ֗ים הָאַחַ֤ת אֲהוּבָה֙ וְהָאַחַ֣ת שְׂנוּאָ֔ה וְיָֽלְדוּ־ל֣וֹ בָנִ֔ים הָאֲהוּבָ֖ה וְהַשְּׂנוּאָ֑ה וְהָיָ֛ה הַבֵּ֥ן הַבְּכ֖וֹר לַשְּׂנִיאָֽה׃ (טז) וְהָיָ֗ה בְּיוֹם֙ הַנְחִיל֣וֹ אֶת־בָּנָ֔יו אֵ֥ת אֲשֶׁר־יִהְיֶ֖ה ל֑וֹ לֹ֣א יוּכַ֗ל לְבַכֵּר֙ אֶת־בֶּן־הָ֣אֲהוּבָ֔ה עַל־פְּנֵ֥י בֶן־הַשְּׂנוּאָ֖ה הַבְּכֹֽר׃ (יז) כִּי֩ אֶת־הַבְּכֹ֨ר בֶּן־הַשְּׂנוּאָ֜ה יַכִּ֗יר לָ֤תֶת לוֹ֙ פִּ֣י שְׁנַ֔יִם בְּכֹ֥ל אֲשֶׁר־יִמָּצֵ֖א ל֑וֹ כִּי־הוּא֙ רֵאשִׁ֣ית אֹנ֔וֹ ל֖וֹ מִשְׁפַּ֥ט הַבְּכֹרָֽה׃ (ס)
(15) If a man has two wives, one beloved, and the other hated, and they born for him children, both the beloved and the hated; and if the first-born son is the hated one's; (16) then it shall be, in the day that he causes his sons to inherit that which he has, that he may not make the son of the beloved the first-born before the son of the hated, who is the first-born; (17) but he shall acknowledge the first-born, the son of the hated, by giving him a double portion of all that he has; for he is the first-fruits of his strength, the right of the first-born is his.
(ג) רַב־לָכֶ֕ם סֹ֖ב אֶת־הָהָ֣ר הַזֶּ֑ה פְּנ֥וּ לָכֶ֖ם צָפֹֽנָה׃
(3) You have been skirting this hill country long enough; now turn north.
(Rabbi Avraham Yitzchak Kook,Eder ha-Yakar, pp. 42-43)
"And, similarly, when Assyriology entered the world, it raised doubts in people's hearts through the similarities that it found, according to its baseless conjectures, between our holy Torah and what is found in the cuneiform inscriptions, with respect to doctrines, morals, and practices. Do these doubts have even the slightest rational basis? Is it not well known that among the ancients there were those who recognized God, prophets and spiritual giants, such as Metushelach, Chanokh, Shem and Ever, and the like? Is it possible that they had no effect on the members of their generations? Even though their achievements do not compare with those of Avraham Avinu, how could their influence have left no impression whatsoever upon their generations? Surely [their teachings] must have resembled those that are found in the Torah!
As for the similarity regarding practices, surely already in the days of Rambam, and before him in the words of Chazal, it was well-known that prophecy operates upon man's nature. For man's natural inclinations must be raised through Divine guidance, for the mitzvot were only given for the purpose of refining man. Therefore, anything that through the teaching that preceded the giving of the Torah found a place in the nation and the world, as long as it had a moral foundation, and it was possible to elevate it to an eternal moral height, was retained in God's Torah…
Differences Between Torah and Code of Hammurabi
(ב) דַּבֵּ֞ר אֶל־כָּל־עֲדַ֧ת בְּנֵי־יִשְׂרָאֵ֛ל וְאָמַרְתָּ֥ אֲלֵהֶ֖ם קְדֹשִׁ֣ים תִּהְי֑וּ כִּ֣י קָד֔וֹשׁ אֲנִ֖י ה' אֱלֹהֵיכֶֽם׃
(2) Speak to all the congregation of the children of Israel, and say to them: You shall be holy; for I the Lord your God am holy.
(יג) לֹ֥֖א תִּֿרְצָֽ֖ח׃ (ס) לֹ֣֖א תִּֿנְאָֽ֑ף׃ (ס) לֹ֣֖א תִּֿגְנֹֽ֔ב׃ (ס) לֹֽא־תַעֲנֶ֥ה בְרֵעֲךָ֖ עֵ֥ד שָֽׁקֶר׃ (ס) (יד) לֹ֥א תַחְמֹ֖ד בֵּ֣ית רֵעֶ֑ךָ לֹֽא־תַחְמֹ֞ד אֵ֣שֶׁת רֵעֶ֗ךָ וְעַבְדּ֤וֹ וַאֲמָתוֹ֙ וְשׁוֹר֣וֹ וַחֲמֹר֔וֹ וְכֹ֖ל אֲשֶׁ֥ר לְרֵעֶֽךָ׃ (פ)
(13) You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor. (14) You shall not covet your neighbor’s house; you shall not covet your neighbor’s wife, nor his man-servant, nor his maid-servant, nor his ox, nor his ass, nor any thing that is your neighbor’s.
(ט) אֵינֶ֨נּוּ גָד֜וֹל בַּבַּ֣יִת הַזֶּה֮ מִמֶּנִּי֒ וְלֹֽא־חָשַׂ֤ךְ מִמֶּ֙נִּי֙ מְא֔וּמָה כִּ֥י אִם־אוֹתָ֖ךְ בַּאֲשֶׁ֣ר אַתְּ־אִשְׁתּ֑וֹ וְאֵ֨יךְ אֶֽעֱשֶׂ֜ה הָרָעָ֤ה הַגְּדֹלָה֙ הַזֹּ֔את וְחָטָ֖אתִי לֵֽאלֹהִֽים׃
(9) There is none greater in this house than me; neither has he kept back anything from me but you, because you are his wife. How then can I do this great wickedness, and sin against God?’
(כה) אִם־חָבֹ֥ל תַּחְבֹּ֖ל שַׂלְמַ֣ת רֵעֶ֑ךָ עַד־בֹּ֥א הַשֶּׁ֖מֶשׁ תְּשִׁיבֶ֥נּוּ לֽוֹ׃ (כו) כִּ֣י הִ֤וא כסותה [כְסוּתוֹ֙] לְבַדָּ֔הּ הִ֥וא שִׂמְלָת֖וֹ לְעֹר֑וֹ בַּמֶּ֣ה יִשְׁכָּ֔ב וְהָיָה֙ כִּֽי־יִצְעַ֣ק אֵלַ֔י וְשָׁמַעְתִּ֖י כִּֽי־חַנּ֥וּן אָֽנִי׃ (ס)
(25) If you at all take your neighbor’s garment as a pledge, you shall restore it to him by the time the sun sets; (26) for that is his only covering, it is his garment for his skin; where shall he sleep? and it shall come to pass, when he cries to Me, that I will hear; for I am gracious.
(לא) וְלֹֽא־תִקְח֥וּ כֹ֙פֶר֙ לְנֶ֣פֶשׁ רֹצֵ֔חַ אֲשֶׁר־ה֥וּא רָשָׁ֖ע לָמ֑וּת כִּי־מ֖וֹת יוּמָֽת׃
(31) Moreover you shall take no ransom for the life of a murderer, that is guilty of death; but he shall surely be put to death.
Moreh Nevuchim Part III 29:14
(14) All these books which I have mentioned are works on idolatry translated into Arabic; there is no doubt that they form a very small portion in comparison to that which has not been translated, and that which is no longer extant, but has been lost in the course of time. But those works which are at present extant, include most of the opinions of the Sabeans and their practices, which are to some degree still in vogue in the world. They describe how temples are built and images of metal and stone placed in them, altars erected and sacrifices and various kinds of food are offered thereon, festivals celebrated, meetings held in the temples for prayer and other kinds of service: how they select certain very distinguished places and call them temples of Intellectual Images (or Forms); how they make images "on the high mountains" (Deut. 12:2), rear asherot, erect pillars, and do many other things which you can learn from the books mentioned by us. The knowledge of these theories and practices is of great importance in explaining the reasons of the Mitzvot. For it is the principal object of the Torah and the axis round which it turns, to blot out these opinions from man's heart and make the existence of idolatry impossible. As regards the former Scripture says: "Lest your heart be persuaded," etc. (Deut. 11:16), "whose heart turneth away to-day," etc. (ibid. 29:17). The actual abolition of idolatry is expressed in the following passage: "You shall destroy their altars, and burn their groves in fire" (Deut. 7:5), "and you shall destroy their name," etc. (xii. 3). These two things are frequently repeated; they form the principal and first object of the whole Torah, as our Sages distinctly told us in their traditional explanation of the words "all that God commanded you by the hand of Moses" (Num. 15:25); for they say, "Hence we learn that those who follow idolatry deny as it were their adhesion to the whole Torah, and those who reject idolatry follow as it were the whole Torah." (B. T. Kidd, 40a.) Note it.
(טז) לֹֽא־יוּמְת֤וּ אָבוֹת֙ עַל־בָּנִ֔ים וּבָנִ֖ים לֹא־יוּמְת֣וּ עַל־אָב֑וֹת אִ֥יש בְּחֶטְא֖וֹ יוּמָֽתוּ׃ (ס)
(16) The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers; every man shall be put to death for his own sin.