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The Code of Hammurabi

The Code of Hammurabi allowed a barren woman to offer her servant to her husband to secure descendants, the child being recognized as legitimate. This practice, widespread in the ancient Near East, was not prescribed in the Law of Moses. It sheds light on Sarah's gesture in offering Hagar to Abraham, an act that was culturally acceptable but contrary to the specific divine promise made to Abraham concerning his descendants.

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The Children of Servants and the Code of Hammurabi

The Jews observed a rule borrowed from the Code of Hammurabi, which was applied by the neighboring nations, but which was in no way stipulated in the law of Moses.

When the wife in a couple was barren, she could ask her husband to sleep with her servant or slave. The child born of this union was then recognized as legitimate and thus guaranteed posterity. He was even considered the son of the infertile wife, the servant being merely a surrogate mother.

This method was used in order to increase the number of descendants, as was the case with Jacob (Genesis 29.31).

Sarah's proposal to Abraham, her husband, was in keeping with the Code of Hammurabi practiced at that time, but did not correspond to what God had said and promised to Abraham.