⚖️ Cursed or Curer? How Mesopotamian Law Drew the Line Between Witch and Healer
In ancient Mesopotamia, magic was everywhere: in the temples, the kitchens, the fields, and even the palace. It could heal a sick child, protect a home from demons, or guide a king into battle. But despite its sacred roots, not all magic was welcomed.
In this fourth post of our Witchcraft in Ancient Mesopotamia series, we explore the fine line between divine practice and dangerous sorcery, and how the law determined who was a healer—and who was a witch.
⚔️ Magic on Trial: The Code of Hammurabi
One of the world’s oldest surviving legal codes—the Code of Hammurabi (c. 1750 BCE)—includes multiple laws dealing with witchcraft. This tells us that magic wasn’t just a spiritual matter; it was a legal one.
Law #2 of the Code of Hammurabi states:
“If a man has accused another of laying a spell upon him, but has not proved it, he who is accused shall go to the sacred river, and he shall leap into the river. If the river overcomes him, his accuser shall take possession of his house. But if the river shows that man to be innocent and he escapes unhurt, the man who laid the accusation shall be put to death.”
This trial by water placed judgment in the hands of the gods. If the accused drowned, guilt was assumed. If they survived, their innocence was divinely proven—and the accuser became the criminal.
In Mesopotamian eyes, the river was the ultimate judge, a holy entity trusted to reveal truth and punish deception.
🧙♀️ Who Was a Witch?
The Akkadian word kišpū referred to witchcraft, sorcery, or harmful magic. A kaššaptu (female) or kaššāpu (male) was someone believed to use supernatural powers against others—often in secret and without divine sanction.
Signs of bewitchment might include:
- Mysterious illness
- Dreams filled with dread
- Miscarriage or infertility
- Sudden misfortune or madness
When these symptoms arose, a person might call an āšipu (exorcist) to investigate. If magical harm was suspected, the community could accuse someone of witchcraft. But proving it? That’s where things got divine.
🛕 When Magic Was Holy
Not all magic was outlawed. In fact, most was legal, revered, and integrated into temple life. The key difference was intent and authorization.
Sanctioned magic included:
- Rituals performed by temple-trained āšipu or asû
- Healing spells and protective amulets
- State-sponsored divination (by bārû priests)
- Exorcisms against demons and evil spirits
These acts were performed in the name of the gods, using approved rituals and texts. They were not secretive or subversive. They were sacred acts of service.
🚫 Unsanctioned Sorcery: The Crime of Witchcraft
By contrast, unsanctioned magic—performed in private, with harmful intent—was seen as a threat to social order.
Witches were believed to:
- Use effigies or incantations to curse others
- Cause illness or emotional distress
- Seduce or harm with enchanted food or drink
- Summon demons or spirits for selfish ends
These acts were feared not only for their spiritual danger but for their invisible, untraceable power. That fear is why harsh penalties were sometimes imposed—up to and including death by drowning or burning of effigies.
🔥 Ritual Justice: The Maqlû and More
When legal courts weren’t involved, spiritual justice was sought through rituals like Maqlû (“Burning”), a complex ceremony to remove witchcraft and destroy the power of the sorcerer—usually by symbolically burning or drowning a clay figure representing them.
Rather than accusing a neighbor by name, victims often performed these rituals without pointing fingers, letting the gods determine the culprit through divine judgment.
This was as much about protection and purification as it was about punishment.
⚖️ Between Power and Persecution
Ancient Mesopotamia embraced magic—but not all magic was equal. Those trained in the temples were respected. Those who operated in the shadows were feared.
This dual view gave rise to a fascinating, and sometimes terrifying, legal gray zone. It reminds us that even in the earliest civilizations, humans struggled to define where help ends and harm begins… and who holds the power to decide.
📚 Sources & Further Reading:
- The Code of Hammurabi, trans. L.W. King. Yale Law School Avalon Project.
- Abusch, Tzvi. Mesopotamian Witchcraft. Brill, 2002.
- Scurlock, JoAnn. Magical Means of Dealing with Ghosts in Ancient Mesopotamia. Brill, 2014.
- Finkel, Irving. The First Ghosts. Hodder & Stoughton, 2021.
- Bottéro, Jean. Religion in Ancient Mesopotamia. University of Chicago Press, 2001.
✨ Up Next: Blog Post #5 – The Maqlû Ritual: Ancient Mesopotamia’s Powerful Spell to Destroy Witchcraft