Why do many biblical laws appear to be copied from earlier legal codes like the Code of Hammurabi?

1. Introduction to the Question

Many have noticed apparent similarities between several Old Testament laws (particularly in Exodus, Leviticus, and Deuteronomy) and the Code of Hammurabi, which is an ancient Babylonian law code usually dated to around the 18th century BC. This observation often leads to a question: Why do many biblical laws appear to be copied from earlier legal codes?

The discussion that follows explores historical, textual, and theological perspectives on this topic, referencing archaeological discoveries, documented manuscripts, and scriptural evidence (quoted in the Berean Standard Bible). It aims to show that any similarities do not negate the divine origin and unique authority of biblical law.

2. Historical Background and Overview of the Code of Hammurabi

Archaeologists discovered the Code of Hammurabi in 1901 on a diorite stele in the ruins of Susa (in modern-day Iran). This law code, attributed to the Babylonian king Hammurabi (circa 1792–1750 BC), consists of nearly 300 laws carved in cuneiform script.

The Code addresses issues of property, civil disputes, family law, and criminal offenses—concepts that share broad categories with biblical law. Such parallels have led some to argue that Moses or the Israelites borrowed or adapted from these earlier writings. However, further examination reveals that shared legal or moral norms may arise from common human experiences and God-given conscience.

3. Similarities and Differences in Content

1. Shared Moral Concerns

Both the Code of Hammurabi and biblical law address matters like theft, property disputes, and interpersonal violence. In so doing, they reflect universal moral categories. The biblical principle that wrongdoing requires restitution (Exodus 22:1: “If a man steals an ox or a sheep and slaughters or sells it…”) mirrors the emphasis on compensation in the Code of Hammurabi.

2. Different Underlying Authority

While the Code of Hammurabi invokes the gods of ancient Mesopotamia, the Israelite law is explicitly grounded in Yahweh’s covenant with His people (Exodus 20:2: “I am the LORD your God…”). Scripture presents the Law as resting on divine authority, unlike Hammurabi’s code, which ultimately relies on the rule of a human king. This distinction underscores that Israel’s legal framework was delivered as part of an ongoing covenant relationship with a personal, transcendent deity.

3. Distinct Ethical Foci

Biblical laws emphasize holiness, comprehensive moral responsibilities, and covenant fidelity. Passages such as Leviticus 19:2 (BSB: “Be holy because I, the LORD your God, am holy.”) ground even civil regulations in the righteous nature of God. By contrast, the Code of Hammurabi is concerned largely with societal order and the king’s authority, not a call to spiritual holiness.

4. Differences in Tone of Justice and Mercy

Certain penalties in the Code of Hammurabi are harsher or narrower in application when compared with biblical statutes. Biblical law—while containing strict punishments—often provides means for repentance, restitution, and restoration of community. This mercy concept is notably absent or subdued in many ancient Near Eastern codes, highlighting the unique redemptive arc in Scripture (for example, the provisions in Deuteronomy 15 for releasing debts and slaves).

4. Ancient Near Eastern Context

In ancient Mesopotamia, city-states and nations frequently exchanged cultural and legal ideas, and parallel regulations naturally developed. Clay tablets from sites like Nuzi, Mari, and Ugarit also reveal legal and domestic practices resembling some found in the Pentateuch. This regional crossover of ideas is consistent with widespread travel, trade, and migration.

Rather than undermining biblical authenticity, this context clarifies how people in that era commonly regulated matters of trade, property, and crime. Nothing in these cultural parallels diminishes the uniqueness of the biblical claims that God is the One giving these laws directly to the Israelites.

5. The Covenant Focus of Mosaic Law

From the perspective of the Pentateuch, Israel’s laws revolve around God’s covenant. Exodus 24:3 records, “When Moses came and told the people all the words of the LORD and all the ordinances…all the people answered in one voice…” This indicates that the acceptance of these laws was an act of worship and covenant ratification, rather than merely adopting general cultural norms.

Moreover, Deuteronomy frequently calls the nation to remember Yahweh’s sovereign role in delivering them from Egypt and establishing them in a promised land (Deuteronomy 6:12–13). These reminders differentiate biblical law from purely civil or civic codes like Hammurabi’s, because they connect legal instructions to a personal relationship with the Creator.

6. Textual Reliability and Archaeological Support

Archaeological findings, such as the thousands of clay tablets from Ebla (modern-day Syria) or the Dead Sea Scrolls discovered in Qumran, underscore the deep antiquity and preservation of biblical texts. The textual witness, in Hebrew manuscripts and earlier translations, demonstrates a faithful transmission through centuries.

Scholars specializing in textual criticism, including those who have analyzed both ancient secular texts and biblical manuscripts, point out that parallel writings do not necessarily indicate derivation or copying. Instead, they point to a broader cultural milieu with similar legal concerns. The biblical tradition is consistently framed around the revelation from God. This distinct claims-based approach has solid manuscript support, as recognized by extensive textual studies.

7. Theological Implications of Common Legal Elements

1. Universal Moral Knowledge

Humans possess a moral awareness that can yield similar ethical standards in different cultures (cf. Romans 2:14–15). The Code of Hammurabi and biblical law reflect a shared understanding of right and wrong in certain instances, demonstrating a universal sense of justice woven into human conscience.

2. Revelation and Fulfillment

Scripture underscores that true law is authored by God. Isaiah 33:22 declares, “For the LORD is our judge; the LORD is our lawgiver...” Even if parallel cultural codes existed, biblical law presents itself as the final, revealed standard coming from a living God who desires both justice and compassion.

3. Redemptive Context

The matters of sin, sacrifice, and atonement in biblical law point forward to God’s plan of redemption. Galatians 3:24 explains that “the Law was our guardian to lead us to Christ…” Even if some regulations outwardly resemble other ancient laws, the overarching covenant relationship and the foreshadowing of ultimate salvation set the Mosaic Law apart.

8. Addressing Claims of Direct Borrowing

While similarities do exist, claims that Scripture directly copied from the Code of Hammurabi lack conclusive evidence. Scholars note that many laws in Exodus and Deuteronomy diverge from any known Hammurabi parallel. Other differences—such as theology, covenant emphasis, and the motif of holiness—underscore the distinctiveness of the biblical approach.

Additionally, references to the historical exodus (e.g., Exodus 12:41) and the consistent genealogical tradition (traced through Genesis) align with known cultural markers and place Israel’s development within a genuine historical framework. In many respects, the biblical portrayal matches various ancient Near Eastern realities without being reducible to them.

9. Conclusion: Understanding the Uniqueness of Biblical Law

The question, “Why do many biblical laws appear to be copied from earlier legal codes like the Code of Hammurabi?” finds its most cogent answer in recognizing that parallel forms do not equate to derivative work. Ancient society shared certain concerns about property, justice, and community well-being. Such widespread concerns can manifest in laws with superficial commonalities.

Biblical law, however, transcends cultural legal norms by positioning itself as a direct revelation from the Creator. Its covenantal framework, emphasis on holiness, and ultimate connection to a redemptive plan through the Messiah underscore that these laws serve a purpose beyond the mere organization of societal affairs. Archaeological, textual, and theological evidence all reinforce the conclusion that the Scriptures’ legal content, while existing in an ancient context, stands on the authority of the eternal God who speaks through His word.