Building collapse and the code of Hammurabi
by Oludolapo Ojelabi
229. If a builder [builds] a house for someone, and does not construct it properly, and the house which he built [falls] in and [kills] its owner, then that builder shall be put to death.
The now 4000 year old code of Hammurabi was found in 1901 in Susa, present day Iran.
It is a babylonian legal text composed during 1555-1750 BC, written on a 4 ton slab of basalt rock, 2.25m high.
It was ascribed to Hannurabi, the sixth Amorite king of the Old Babylonian Empire, reigning from c. 1792 to c. 1750 BC.
It is now located at the louvre Museum in Paris, in Room 227 of the Richelieu wing.
It contains 282 edicts, all written in the if-then form, six (6) of which deal with buildings.
For example: “If a builder build a house for someone, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.” (Edict 229)
This is an example of the law of retaliation, also known as “an eye for an eye”.
Let's have a look at the section of Hammurabi's code dealing with buildings:
228. If a builder build a house for some one and complete it, he shall give him a fee of two shekels1 in money for each sar2 of surface.
229. If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.
230. If it kill the son of the owner the son of that builder shall be put to death.
231. If it kill a slave of the owner, then he shall pay slave for slave to the owner of the house.
232. If it ruin goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means.
233. If a builder build a house for some one, even though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means.
Law 228 makes a provision for the builder's professional fee based on surface area, or number of bricks laid. Nowadays, it is a percentage of the total cost of construction.
Law 229 -230 gives "an eye for an eye" penalties for a building collapse, depending on what is affected by the collapse. The builder is put to death in a case where the owner of the building dies, and the builder's son (or daughter) is put to death in a case where the owner's son/daughter is killed.
Law 231 - 233 makes a provision for property damage from collapse. The law provides for replacement, whether the property damaged be a slave, or goods.
Law 232 requires the builder to replace all damages, AND reconstruct the building at his own cost.
It is also plausible that in some cases, the builder may be required to pay the costs of rebuilding the house, AND still be put to death.
Let's look at this from two perspectives.
First, the builder’s perspective:
The architect/builder guaranties the quality of every building he constructs, with his life, and with the life of his children.
These laws come into effect during the construction and continue through the lifetime of the building (this can be up to 50 years or more nowadays)
The builder also guarantees the repair of defects such as buckling walls, and in extreme cases, has to build a new structure at his own cost.
In his book, Skin in the Game: Hidden asymmetries in daily life by Nassim Nicholas Taleeb, Nassim described this as having a vested interest in the outcome and, more importantly, having something to lose. Essentially, Nassim Taleb equates skin in the game to risk: the more you have to lose, the more skin you have in the game. You have a direct and personal share in the consequences of the outcome.
Second, from the Client’s perspective:
Hammurabi’s code provides an assurance, and a guarantee that the builder, bound by self-preservation, would be as painstaking and diligent in the process of construction as possible.
In our modern era however, insurance covers, professional licenses, and legal repercussions serve as checks and balances. If the Code of Hammurabi were applicable today, it's likely that the consequences would be less severe, considering the advancements in construction techniques, regulations, and the overall understanding of structural engineering.
However, we can still imagine what would happen if these laws were binding today, exactly as prescribed.
How many building collapses due to negligence would we have? How carefully and rigorously do you think buildings would be designed and constructed?
1 shekel was the equivalent of 11.5 grams of gold, approximately $745 today
SAR: A special unit measuring brick quantity by area was called the brick-garden (Cuneiform: SIG.SAR 𒊬𒋞; Sumerian: šeg12-sar; Akkadian: _libittu_-_mūšaru_) which held 720 bricks.