Beruflich Dokumente
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VOLUME SEVENTY-TWO/ONE
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A HISTORY OF ANCIENT
NEAR EASTERN LAW
EDITED BY
RAYMOND WESTBROOK
EDITORIAL BOARD:
VOLUME ONE
BRILL
LEIDEN BOSTON
2003
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ISSN 0169-9423
ISBN 90 04 12995 2 (set)
ISBN 90 04 10794 0 (Vol. 1)
ISBN 90 04 13585 5 (Vol. 2)
Copyright 2003 by Koninklijke Brill NV, Leiden, The Netherlands
All rights reserved. No part of this publication may be reproduced, translated, stored
in a retrieval system, or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without prior written
permission from the publisher.
Authorization to photocopy items for internal or personal use is granted
by Brill provided that the appropriate fees are paid directly to
The Copyright Clearance Center, 222 Rosewood Drive,
Suite 910, Danvers MA 01923, USA.
Fees are subject to change.
printed in the netherlands
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ix
xi
xv
xvii
xix
I
The Character of Ancient Near Eastern Law ....................
Raymond Westbrook
PART ONE
THIRD MILLENNIUM
E
Old Kingdom and First Intermediate Period ......................
Richard Jasnow
93
M
Early Dynastic and Sargonic Periods ..................................
Claus Wilcke
141
183
A L
E ........................................................................................
Amalia Catagnoti
227
I L
International Law in the Third Millennium ......................
Jerrold Cooper
241
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PART TWO
SECOND MILLENNIUM
E
Middle Kingdom and Second Intermediate Period ............
New Kingdom ........................................................................
Richard Jasnow
255
289
M
Old Babylonian Period ..........................................................
Raymond Westbrook
361
431
485
521
Nuzi ........................................................................................
Carlo Zaccagnini
565
A L
The Hittite Kingdom ............................................................
Richard Haase
619
657
Alalakh ....................................................................................
Ugarit ......................................................................................
Canaan ....................................................................................
Ignacio Mrquez Rowe
693
719
737
I L
International Law in the Second Millennium:
Middle Bronze Age ................................................................
Jesper Eidem
International Law in the Second Millennium:
Late Bronze Age ..................................................................
Gary Beckman
745
753
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FIRST MILLENNIUM
E
Third Intermediate Period ..................................................
Richard Jasnow
777
819
Elephantine ..........................................................................
Bezalel Porten
863
M
Neo-Assyrian Period ............................................................
Karen Radner
Neo-Babylonian Period ........................................................
Joachim Oelsner, Bruce Wells and Cornelia Wunsch
883
911
A L
Israel ......................................................................................
Tikva Frymer-Kenski
975
I L
International Law in the First Millennium ........................
Simo Parpola
1047
Indices ......................................................................................
Subject Index ........................................................................
Index of Ancient Terms ......................................................
Index of Texts Cited ..........................................................
1067
1069
1141
1161
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ix
PREFACE
For their generous sponsorship of this History, it is my pleasant duty
to thank Mr. Melvyn Sykes, attorney at law, the law rm of
Cadwallader, Wickersham, and Taft, and the oce of the Dean of
the School of Arts and Sciences of the Johns Hopkins University. I
would also like to thank all those involved in the production of the
volume. Their expertise, diligence, and patience were instrumental
in bringing this large and complex project to fruition. The manuscript was copy-edited by Wendy Jacobs and the electronic version
prepared by Dr. Bruce Wells. The legal index was compiled by Enid
Zafran and the indexes of ancient sources and terms by Lance Allred,
Athena Gadotti, Elaine Sullivan, and Il-sung Andrew Yun.
Raymond Westbrook
Editor
Baltimore, June, 2003
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CONTRIBUTORS
Gary Beckman
Professor of Hittite and Mesopotamian Studies
University of Michigan
Dr. Amalia Catagnoti
Dipartimento di Linguistica
University of Florence
Jerrold Cooper
Professor of Assyriology
Johns Hopkins University
Jesper Eidem
Associate Professor of Assyriology
Carsten Niebuhr Institute
University of Copenhagen
Tikva Frymer-Kensky
Professor of Hebrew Bible
University of Chicago
Richard Haase
Honorarprofessor fr Keilschriftrechte
University of Tbingen
Richard Jasnow
Professor of Egyptology
Johns Hopkins University
Dr. Bertrand Lafont
Directeur de recherches
CNRS, Paris
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Raymond Westbrook
Professor of Ancient Law
Johns Hopkins University
Bruce Wells
Visiting Assistant Professor
Gustavus Adolphus College
Claus Wilcke
Professor emeritus
University of Leipzig
Dr. Cornelia Wunsch
Research Associate
University of Tbingen
Carlo Zaccagnini
Professor of Ancient Near Eastern History
University of Naples
xiii
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BIBLIOGRAPHICAL ABBREVIATIONS
The following are abbreviations of secondary literature that recurs
in more than one chapter. Special abbreviations and abbreviations
of special text publications may be found before the bibliography of
individual chapters. The sigla of cuneiform text publications follow
the abbreviations of the Chicago Assyrian Dictionary, unless otherwise stated.
AfO
AHw
Archiv fr Orientforschung
Akkadisches Handwrterbuch, ed. W. von Soden (Wiesbaden: Otto Harrassowitz, 196581)
AJA
American Journal of Archaeology
AO
Aula Orientalis
AoF
Altorientalische Forschungen
ArOr
Archiv Orientalni
ASJ
Acta Sumerologica
BASOR Bulletin of the American Schools of Oriental Research
BIFAO
Bulletin de linstitut franais darchologie orientale
BiOr
Bibliotheca Orientalis
BSEG
Bulletin, Socit dgyptologie, Genve
CAD
Chicago Assyrian Dictionary, ed. A.L. Oppenheim, E. Reiner,
M. Roth et al. (Chicago: Oriental Institute, 1968)
CdE
Chronique dgypte
CRIPEL Cahier de Recherches de lInstitut de Papyrologie et
dgyptologie de Lille
DE
Discussions in Egyptology
GM
Gttinger Miszellen, Beitrge zur gyptologischen Diskussion
HUCA
Hebrew Union College Annual
IEJ
Israel Exploration Journal
JANES
Vols. 113 = Journal of the Ancient Near Eastern Society
of Columbia; vols. 14. = Journal of the Ancient Near
Eastern Society
JAOS
Journal of the American Oriental Society
JARCE Journal of the American Research Center in Egypt
JBL
Journal of Biblical Literature
JCS
Journal of Cuneiform Studies
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JEA
JEOL
JESHO
JNES
JSOT
JSSEA
KZ
L
MDAIK
MDOG
MIO
N.A.B.U.
OA
OLZ
RA
RB
RdE
RHA
RIDA
RlA
SAK
UF
VA
VO
VT
WO
WZKM
ZA
ZAR
ZS
ZSS
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Journal of Egyptian Archaeology
Jaarbericht ex Oriente Lux
Journal of the Economic and Social History of the Orient
Journal of Near Eastern Studies
Journal for the Study of Old Testament
Journal of the Society for the Study of Egyptian Antiquities
Zeitschrift fr vergleichende Sprachforschung (Kuhns
Zeitschrift)
Lexikon der gyptologie, ed. W. Helck, E. Otto, and
W. Westendorf (Wiesbaden: Otto Harrassowitz, 197592)
Mitteilungen des Deutschen Archologischen Instituts.
Abteilung Kairo
Mitteilungen der Deutschen Orient-Gesellschaft
Mitteilungen des Instituts fr Orientforschung
Nouvelles Assyriologiques Brves et Utilitaires
Oriens Antiquus
Orientalistische Literaturzeitung
Revue dAssyriologie
Revue Biblique
Revue dgyptologie
Revue hittite et asianique
Revue International des Droits de lAntiquit
Reallexikon der Assyriologie, vols. 3 (Berlin and New
York: de Gruyter, 1957)
Studien zur Altgyptischen Kultur
Ugarit-Forschungen
Varia Aegyptiaca
Vicino Oriente
Vetus Testamentum
Die Welt des Orients
Wiener Zeitschrift zur Kunde des Morgenlands
Zeitschrift fr Assyriologie
Zeitschrift fr Altorientalische und Biblische Rechtsgeschichte
Zeitschrift fr gyptische Sprache und Altertumskunde
Zeitschrift der Savigny-Stiftung
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xvii
NOTE ON TRANSLITERATION
The ancient languages reproduced in transliteration have been set
in italic type, with the exception of Sumerian. There is as yet no
settled convention for the transliteration of Sumerian. For original
Sumerian texts, scholars use lower case roman type with dashes and
dots to divide the elements of a word or word chain; some also
extend the spacing between letters. Upper case is reserved for uncertain
readings. For Sumerian words in Akkadian or Hittite texts (Sumerograms), some scholars use upper case, divided by dots; others use
lower case, divided either by dots or by dashes, with uncertain readings in upper case. Accordingly, the transliteration of Sumerian in
the individual chapters has been left in the form chosen by the
author. Akkadian words in Hittite texts (Akkadograms) are presented
in upper case and italics.
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CHRONOLOGICAL CHART
In this History, all dates are B.C.E. unless otherwise stated.
Period
Date Egypt
Early Bronze
3000
Mesopotamia
Anatolia &
Levant
Early Dynastic
2500
Old Kingdom
(26752130)
1st Intermediate
(21301980)
Ebla
Sargonic
Neo-Sumerian
(21122002)
[Old Assyrian
(19501840)]
Alalakh VII
Canaan
New Kingdom
(15391000)
Late Bronze
Middle Babylonian
Middle Assyrian
1500
Hittite
Nuzi
(14501340)
Alalakh IV
Ugarit
Emar
Iron
1000
500
3rd Intermediate
(1000650)
Demotic
(650 B.C.E.
30 C.E.)
Elephantine
Neo-Babylonian
(1000331)
Neo-Assyrian
(1000617)
Persian
(539331)
Hellenistic
(331141)
Arsacid
(141 B.C.E.
225 C.E.)
Israel
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INTRODUCTION
1
By modern law I mean law based upon the Common Law or Civil Law traditions, as mediated by the Enlightenment of the eighteenth century and consequently characterized by restless innovation. The two traditions have been carried,
in part by imperialism and in part by their own intellectual force, to virtually every
corner of the globe. Today they are the basis, directly or indirectly, of the legal
systems of most of the member states of the United Nations and of international
law. The only other widely prevalent legal traditions are conservative systems: local
customary law and religious law.
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2
For example, the Roman concept of the universal heir was a fundamental characteristic of inheritance in the ancient Near East, traceable to the earliest sources.
On a more specic level, the Talmud contains a rule that on divorce, a former
widow receives half the amount of compensation to which a virgin bride is entitled (Mishna Ketuboth 1.2). That same rule is already found in a Sumerian law
code from the third millennium B.C.E. (LU 910).
3
All dates henceforth are B.C.E. unless otherwise stated. The chapters on Demotic
Law and the Neo-Babylonian and Persian period contain some later material,
reecting the continuation of their legal traditions into the Hellenistic period.
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1.1
1.1.1
Historical Records
Distribution
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1.1.2 Type
Two admittedly rough and sometimes contradictory criteria may be
employed in assessing the credibility of the historical records. The
primary criterion is whether they provide direct or indirect evidence of
legal norms. The distinction is not a sharp one; it is rather a question of degree, depending on the origin of the document (public or
private) and whether it expounds an actual norm or principle or
merely alludes to one. A secondary criterion is the self-consciousness
with which a source presents the law. Ancient sources (and not only
ancient ones) are not necessarily neutral in their presentation of legal
norms. Paradoxically, the most direct statement of a law may be a
distortion, by reason of ideology, self-interest, or idealization. The
more incidental a value judgment of the law in question is to the
purpose of the source, the less it is likely to be biased in its report.
The various types of legal sources found in the ancient Near East
are presented here in roughly descending order of directness.
1.1.2.1 Decrees
The source most closely identiable with what we would think of
today as statutes are royal decrees, at least those which were of general application. There are many references to such decrees, but only
a few actual texts are preserved.
The earliest known text is from Sumer: the Edict of King Irikagina
of Lagash, dating from the twenty-sixth century. It is not found in
an independent document, but in the body of several dedicatory
inscriptions as part of an historical narrative reciting the abuses of
former times and the reforms undertaken by the king. The extant
versions post-date the actual reforms by some years.
The Old Babylonian period has furnished the texts of three decrees,
from kings of the Hammurabi dynasty. Two are fragments: the Edict
of Samsu-iluna from the late eighteenth century, and an edict of an
unknown king (Edict X). The most complete exemplar is the Edict
of Ammi-aduqa from the late seventeenth century, with twenty-two
paragraphs preserved, including a preamble.
From Anatolia, the texts of two royal decrees have been preserved.
The earlier is the Edict of King Telipinu, from the late sixteenth
century. There are nine copies in Hittite and two fragmentary copies
in Akkadian, all dating from several hundred years later. It is probable that Akkadian was the original language of the decree, which
was then translated into Hittite. The later decree is the Edict of
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5
A text from Nuzi (AASOR 16, no. 51) may be classied in the same genre,
but contains only a single directive. It is a royal proclamation directed to palace
slaves (which is more likely to mean simply royal ocials than actual slaves),
forbidding them to give their daughters into certain professions without the kings
permission.
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parties, the claims, signicant evidence, and the verdict. They serve
practical purposes, private or ocial.
The majority of cuneiform trial records were of civil disputes.
They were drafted for the benet of the successful litigant, to provide
documentation of rights acquired as a result of the case. In most
cases, the document was kept by the litigant. Sometimes only an
interim record is made, of the claims and evidence, without the outcome. Their purpose is not certain but may be linked to ongoing
litigation or to litigation that has been suspended, for some reason.
The hieratic ostraca from the tomb workmens village at Deir al
Medinah in Thebes (New Kingdom) contain many trial records.
Scholars do not agree on whether they were ocial documents or
memoranda for litigants.
Trial records from the Neo-Sumerian period, known as di-til-la
(case completed), after the notation with which they typically end,
dier slightly from later records in that they appear to have been
an ocial record kept in ocial archives. Nonetheless, they concern
mostly civil disputes and contain essentially the same information as
later private litigation documents, which suggests that they were also
designed to document private rights.
1.1.2.4 Law Codes
The law codes are a particular genre of literature, consisting of
collections of legal rules. Although few in number, examples are
found in various parts of the region and from all three millennia.6
They are recognizable by similarities of style and content, although
as physical records they are preserved in a number of dierent forms.
1. The Laws of Ur-Namma (LU), from Ur in southern Mesopotamia,
in Sumerian and dating to around 2100.
2. The Laws of Lipit-Ishtar (LL), from Isin in southern Mesopotamia,
in Sumerian and dating to around 1900.
3. The Laws of Eshnunna (LE), from a city of that name in northern Mesopotamia, in Akkadian and dating to around 1770.
4. The Laws of Hammurabi, from Babylon (LH), in Akkadian and
dating to around 1750.
5. The Middle Assyrian Laws (MAL), from Assur, in Akkadian and
dating to the fourteenth century.
6
The major exception is Egypt, where no law code has been found. On the
other hand, the late Demotic Legal Code of Hermopolis (= P. Mattha) has features which suggest that the same literary tradition existed (see 1.1.2.5 below).
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6. The Neo-Babylonian Laws (NBL), from Sippar in central Mesopotamia, in Akkadian and dating to the seventh century.
7
Scholars have associated scattered laws found in Leviticus and Numbers with
a similar law code, mostly concerned with sacral law (Priestly Code). The Ten
Commandments do not belong to this genre; they are a unique source, perhaps
not to be associated with positive law at all.
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well have served some ocial purpose. It is true that they exist in
an eleventh century copy of a fourteenth century original, but it is
not clear that this was a school activity. A further copy was made
in the seventh century for the library of King Assurbanipal.
Similar considerations apply to the Hittite Laws, whose text history is even more complicated. They exist in many copies, all apparently from the royal archives. Four are Old Hittite, dating to the
sixteenth century; the rest are Middle Hittite or New Hittite (fteenth
to twelfth centuries). There is thus some revision of language between
the versions. Certain versions also record changes in the law.
The biblical collections are placed in a narrative frame (the journey of the Israelites to the Promised Land and the revelation on
Mount Sinai) designed to establish their divine origin in the distant
past. Although it is unlikely that they were created together with the
frame narrative, the context in which the individual codes were originally compiled is not known. The manuscript witness itself cannot
be traced back further than the Dead Sea Scrolls of the rst century B.C.E.
1.1.2.5 Lexical Texts
A form of intellectual activity for cuneiform scribes was the compiling of dictionaries, lists of Sumerian words and phrases together
with their Akkadian equivalents. These were collected in series, according to subject matterfor example, lists of ora, fauna, and types
of stonewhich came to form a canon of scribal learning. Among
the canonical series were lists of legal terms and phrases. These are
found in two main sources:
1. The lexical series ana ittiu (MSL 1), from the library of King
Assurbanipal (seventh century). Dedicated exclusively to legal material, it contains many standard clauses that scribes might be expected
to use in drafting legal documents. It also contains small narratives
that provide an explanatory context to the clauses.
2. Tablets I and II of the canonical series AR.ra = ubullu (MSL
5), most copies of which come from Assurbanipals library but which
has forerunners dating back to the early second millennium. Their
content overlaps that of ana ittiu.
An earlier variant of the same genre is a number of scribal exercises in Sumerian from the early Old Babylonian period.8 They con-
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11
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Legal Authority9
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13
10
The historical preamble of the Edict of Telipinu is separated from the normative rules by the statement: Then I, Telipinu, called an assembly in Hattusa
(27:34). Neither here nor in HL 55 is the particle of direct speech used for the
decree.
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1.2.3 Legislation
Legislation is used here to include all orders issued by the sovereign,
his ocials or the local authorities. Most of these would not meet
the criterion set out by John Austin for legislation:
. . . where it obliges generally to acts or forbearances of a class, a command is a law or rule. But where it obliges to a specic act or forbearance, or to acts or forbearances which it determines specically
or individually, a command is occasional or particular.11
The ancient Near Eastern orders are ad hoc commands, mostly concerning the rights of individuals, or temporary expedients to meet
11
Austin, The Province of Jurisprudence Determined (1832), 2526. The example given
by Austin is of great relevance: If Parliament prohibited simply the exportation of
corn, either for a given period or indenitely, it would establish a law or rule: a
kind or sort of acts being determined by the command, and acts of that kind or
sort being generally forbidden. But an order issued by Parliament to meet an
impending scarcity, and stopping the exportation of corn then shipped in port,
would not be a law or rule, though issued by the sovereign legislature.
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15
12
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13
Two sets of laws in the Bible, Lev. 25:816, 2354 and Deut. 15:12, purport to do just this, providing for release of debts, land, and slaves in the future,
every seven and fty years. The impracticality of these measures is obvious, and
most biblical scholars dismiss them as utopian.
14
The scholarship is reviewed in Fitzpatrick-McKinley, Transformation . . .; Renger,
Noch einmal . . .; and in the essays in Lvy, ed., Codication . . .
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17
While there is some variation within the framework of this form, for
example, the protasis can begin a man who . . ., or the whole rule
can be cast as a direct order (a loan of fungibles shall not be given
to . . . a slave), the approach is always the same.
1.2.4.3 As regards the content, a large number of the same cases
recur in dierent codes. They are not necessarily presented in the
same language, nor do they always have the same solution. Furthermore, they tend to be presented in sets of variants, only some of
which overlap. For example, the case above of the goring ox comes
from LE, which also has a variant where the victim is a person.
Both variants are found in CC, but in LH only the human victim.
All three sources break the identity of the human victim down into
the same set of further variants; whether the victim is a man, a son,
or a slave. They also share the use of the same legal distinction:
between an owner who was warned by the local authorities of his
oxs propensity to gore and one who was not.
1.2.4.4 The common features of these codes mark them as originating in the sphere of Mesopotamian science. The method of
Mesopotamian scientic inquiry was to compile lists. We have seen
above the use of this technique for lexical purposes and its application to legal words and phrases. A more sophisticated type of list
attempted to classify the product of theoretical disciplinesmedical
symptoms and their diagnosis, omens and their signicance, and
conicts and their legal resolutionby presenting them in casuistic
form, a hallmark of Mesopotamian scientic style. Lists of this type
consisted of hypothetical cases grouped in sets of variants.
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15
The seminal article was by Kraus, Ein zentrales Problem . . ., elaborated by
Bottro, The Code . . .
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16
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In the ancient Near East, on the other hand, a term for jurist is
not found, not even in the long lists of professions compiled by the
scribes. Those responsible for the lawjudges, ocials, or parties
did not read what legal authorities they had in the same way as
we do. They did not engage in interpretation of the exact words of
the text because the text was regarded neither as autonomous nor
as exhaustive, irrespective of whether it was a contract, a decree, or
a law code.
If a reason is to be sought for the dierence, it probably lies in
the realm of scientic thought. Inasmuch as the formulation of law
depends upon a system of abstract reasoning, it is evident that the
jurisprudence of a given society cannot be more advanced than its
general scientic logic. The science of the ancient Near East was
by the standards of Aristotelian logic a proto-science. It lacked two
vital factors: denition of abstract concepts and vertical categorization (i.e., into two or more all-embracing categories, which can then
be broken down into sub-categories). Instead, it has been dubbed a
science of lists, the concatenation of endless examples, grouped
suggestively in associated sequences but incapable of ever giving an
exhaustive account of a subject. Hence the casuistic nature of the
law codes.
Just as a law code could never be exhaustive, so no particular text
could ever be an exhaustive statement of a rule, even when it took
the form of a peremptory order, because the mode of thinking was
in examples, not principles. And without denition of its terms, application of a rule could only be approximateby analogy, inference,
or even looser associations.
Signs of a transition from this archaic jurisprudence to the system
familiar to us begin to appear in the seventh century, not from the
ancient centers of power in Mesopotamia and Egypt but on the
periphery. References are found in the Hebrew prophets to obeying
the law (torah) of God as an independent body of rules rather than
simply the will of God. The autonomy of the law reaches a dramatic climax in the book of Daniel (written in the second century),
according to which the kings decree, once written down, might not
be changed, even by the king himself (Dan. 6:9). Between these two
poles, there are tentative moves toward citation of the words of the
legal text, as illustrated by a glossators comment on an historical
incident:
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21
But he did not put to death the sons of the murderers, as it is written in the book of the law (torah) of Moses, that God ordered: Fathers
shall not be put to death for sons and sons shall not be put to death
for fathers . . . (2 Kings 14:6 = 2 Chron. 25:4, citing Deut. 24:16).
Somewhere within this transition also lies the whole conceit of the
Bibles historical narrative, assimilating the paragraphs of several
codes to a single act of legislation, but projecting that act of legislation back into the distant past. It is a conceit mirrored in contemporary Greek narratives, attributing the laws of particular cities
to the single legislative act of a heroic ancestor. The change in the
way law was regarded points to a revolution in ideas that takes us
beyond the strict limits of the ancient Near East, being centered
upon the Eastern Mediterranean in the mid-rst millennium. For
the purposes of our history, it is the archaic system that we are concerned to describe, a system that needs to be understood on its own
terms, without the overlay of later legal developments.
1.3
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23
17
It is no coincidence that during the rst millennium major intellectual and
institutional shifts characteristic of a so-called axial age occur, with the rise of
monotheism, skepticism, and republican and democratic forms of government (see
Jaspers, Vom Ursprung . . ., chap. 1). Developments in the law follow, as ever, with
some time lag. For a trenchant critique of this developmental approach, see Roth,
Reading Mesopotamian Law Cases . . . This writer cheerfully admits to being a
developmentalist.
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18
19
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2. C A L
In the conceptual universe of the ancient Near East, there were three
spheres of government: divine, state, and local. The divine and the
local sphere shared the characteristic of being essentially collective.
There could be a leaderthe local mayor or the most senior god
but he was still one of the council, primus inter pares, and decisions
were given in the name of the collectivitythe city or the gods, not
the leader.20 For the state, by contrast, the natural form of government was considered to be monarchy, with the king situated alone
above his subjects and the rest of his administration.
2.1
The King
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The Legislature
22
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in the sources. The constitutional convention was that the king issued
decrees in the form of personal orders, although that authority was
sometimes delegated to subordinates. What appears to be lacking is
a legislative branch of government, in the form of some assembly
or collective body to debate, formulate, and promulgate new laws.
The Hittite king announced a decision regarding feudal tenure in
an assembly (tuliya), but the report assigns to the assembly no role
other than as a forum for the royal decree (HL 55).
2.2.2 There is, however, one signicant exception. In the Old
Assyrian period, the city council of Assur, in which the king was a
member, not only issued decrees in its collective name but also had
them recorded in solemn written form, on a stone stele. The words
of the legislation are referred to in their inscribed version, if not
actually cited in court. It is unlikely that this legislative body was a
singularity, which ourished for a short period in one city and was
never adopted anywhere else. The special features of Old Assyrian
kingship may derive from a telescoping of central and local forms
of government. The actions of the assembly may be indicative of
widespread practice in local government, which the sources normally
ignore, because it was overshadowed by central government legislation and royal ideology. If so, the seeds of the modern legislative
assembly may already have existed in the ancient Near East, long
before the advent of the Greek polis.
2.3
The Administration
Central
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2.3.1.2 The palace was sometimes referred to as the ruling authority, especially in scal matters. It was also referred to as an owner
of land and other property. It would be anachronistic to think of it
in terms of modern abstract conceptions in which members of the
government are mere agents of the state. The palace did, however,
function as the kings administrative persona (cf. The White House
for the U.S. president), and thus to some extent constituted a juridical entity independent of the person of the king.
2.3.1.3 The duties of royal ocials (central and provincial) are set
out, often in great detail, in various types of royal legislation, such
as the Edict of Irikagina, the Edict of Telipinu, the Hittite Instructions,
the Edict of Horemheb, and the Assyrian Harem Decrees. Their
constitutional importance is that the king, in delineating the duties
of his ocials, places transparent legal limits on their powers. Thus
the actions of ocials are made subject to the rule of law. In some
cases, the legislation imposes sanctions for abuse of power.
2.3.2 Provincial
The larger polities were divided into provinces administered by governors and sometimes further into districts with their own administrator. The governors and lesser ocials were normally appointed
by the king, acted as his representatives in the province, and reported
to him. Some provincial ocials were peripatetic and could work in
conjunction with the local authorities, but unequivocally as their
superiors.
2.3.3 Local 23
Local authority consisted of the mayor and a council or assembly
of leading free citizens, sometimes referred to as elders. These were
customary bodies whose members appear to have been drawn from
the local population rather than appointed from above. They acted
as a collectivity, with the mayor as primus inter pares, that is, head
of the council but not independent of it.
2.3.3.1 If any body attained the status of a juridical entity in the
ancient Near East, it was the city, town, or village, by which was
23
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29
meant the local council. The evidence is most striking in the case
of Assur of the Old Assyrian period but can be seen elsewhere, for
example, in Middle Kingdom Egypt, where the town had its own
bureau and scribe and where property was in the hands of the
town.
2.3.3.2 The local authority was responsible for a wide range of
local matters, both as an administrative and a judicial body, but had
also to enforce central government orders, for example, with regard
to taxation and corve. Local ocials were subject to the rule of
law, as the corruption trial of Kuiharbe, mayor of Nuzi, graphically illustrates. A series of individuals accused Kuiharbe and his
associates of crimes against the central government and against local
citizens: misappropriating crown property, taxes, and corve labor,
taking bribes, misappropriating private property, intimidation, and
even sexual harassment.
2.3.4
Autonomous Organizations
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2.3.5.1 The king was everywhere the supreme judge, although his
judicial activity is more in evidence in some periods than in others.
There was no formal machinery of appeal from a lower court; rather,
a subject would petition the king to redress an injustice suered by
a lower court or ocial. The king could also try cases at rst instance.
Various law-code provisions suggest that certain serious crimes
involving the death penalty were reserved for the king (e.g., LE 48;
MAL A 15; HL 111), but he is also found judging apparently trivial
matters.
2.3.5.2 Royal ocials, whether central or provincial, exercised jurisdiction in the same manner. Provincial ocials sometimes sat with
the local council to constitute a court. The local courts give the
impression of being ad hoc assemblies, especially with such designations as the Egyptian court of this day (qnbt n hrw pn). They
could have large numbers, as the terms like Akkadian assembly
( purum) and Egyptian The Thirty suggest. The local council (qenbet) at Deir-el-Medina, when sitting as a court, comprised between
eight and fourteen villagers, meeting after work. Jeremiah was tried
before an assembly of princes (arim), priests, prophets, and all
the people ( Jer. 26).
2.3.5.3 The judges seem to be dierent from the ocial- or council-based courts but remain shadowy gures in the sources. At all
periods, it is a matter of debate whether the term designated a profession or merely a function. Certainly, they were not trained jurists
in the manner of modern judges, but the terms royal judges and
judges of the city X may point to a special status, with dierent
hierarchical levels. Neo-Sumerian litigation records sometimes contain a number of diverse cases (presumably the days docket), all
before the same named judges, who must have sat on a more or
less permanent basis.
2.3.5.4 There appears to have been no special term for courthouse
before the Neo-Babylonian period. The location of the court is occasionally mentioned as a temple or temple gate, but it was by no
means the universal practice and, where so situated, did not necessarily involve participation of priests in the court.
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Procedure
If there was any distinction in procedure, it was not between criminal and civil cases (which are anyway anachronistic categories; see
8 below) but between private disputes and cases involving vital interests of the state or the public, such as an oense against the king
or the gods.
3.2.1 In private disputes, the plainti appears to have been responsible for securing his opponents appearance in court. Nonetheless,
the court could summon a party to court, and at Nuzi there is even
24
Slaves do appear frequently in the Neo-Sumerian court records but only on
the issue of their statusclaiming freedom or being claimed as slaves. The Hittite
Instructions to the Commander of the Border Guard order him, on his circuit
through the towns under his command, to judge the lawsuits of male and female
slaves and single women (iii 3132).
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3.2.5.1 Witnesses
Oral testimony was the most common form of evidence. The parties
were competent witnesses on their own behalf. Women were competent witnesses; slaves may have been, but their appearance in this
role is notably rare. Testimony could include hearsay. Witnesses did
not initially give their evidence under oath; the court might then
order them to take an oath. It was possible to have witnesses of
a trial, that is, persons present at the proceedings who at a later
stage of the case or in a dierent case would testify about the earlier hearing.
3.2.5.2 Documents
Documentary evidence was usually decisive for a case but was not
irrefutable. Documents recording transactions might need to be
authenticated in court by witnesses, and their record could be contradicted by witnesses to the transaction, who were named on the
document. Precautions were taken at the time of drafting to protect
the authenticity of contractual documents, for example, encasing a
clay tablet in a clay envelope on which the terms were repeated, or
rolling and sealing a papyrus scroll before witnesses, whose names
were appended on the outside, along with a summary of the transaction. The personal seals of parties and witnesses, impressed on
documents or on tags axed to them, were a prime means of authentication.25
3.2.5.3 Physical Evidence
Examples of physical evidence are the bloodstained sheet that attests
to a brides virginity (Deut. 22:1317) and the remains of a sheep
that a shepherd must bring to prove that it was devoured by a wild
beast (Exod. 22:12). In a Neo-Babylonian trial for the theft of two
ducks, the carcasses of the stolen ducks are brought into court for
examination.
3.2.5.4 The Oath26
The declaratory oath was a solemn curse that the taker called down
upon himself if his statement were not true. Two types of oath are
attested in the sources.
25
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3.2.5.4.1 The rst type of oath is almost universal in its application. It invokes the name of a god and is taken at the temple or
before a symbol of the god. It is imposed by the court upon one of
the parties only, and/or his witnesses. The oath is deemed irrefutable
proof, so much so that records of litigation often end with the courts
decision to send a party or witnesses to the oath. The theory was
that fear of divine retribution would constrain the oath-taker to speak
the truth. (If later uncovered, a false oath could also lead to punishment by the court.) Indeed, so great was the fear in practice that
persons sometimes refused to take the oath, or the parties reached
a compromise rather than proceed with the oath. In earlier records,
particularly from the Neo-Sumerian period, much of the courts adjudication is directed toward deciding on which side to impose the
oath. It should be noted, however, that by the Neo-Babylonian period
the courts, even the temple courts, seem to show a marked reluctance to proceed beyond rational evidence.
3.2.5.4.2 The second type of declaratory oath is much less common. It is an oath taken at the litigants initiative during the trial,
usually invoking the king only. Apparently, it could be taken by both
parties. Its function is not altogether clear; it was not decisive proof
but may have been persuasive evidence. It may also have indicated
a preliminary to the ordeal.
3.2.5.5 Ordeal 27
The ordeal was not so much a means of giving evidence as a referral
of the issue to a higher courtthat of the gods. Clear examples are
found only in Mesopotamia and Anatolia, where it took the form
of a river ordeal, the river being conceived of as a divinity. The
trial could involve one or both parties. The mechanics are not well
documented, but it seems that ordeals were carefully monitored and
could involve swimming or carrying an object in water a certain distance. At Mari, the use of substitutes for the parties is attested.
Drowning indicated guilt, but the unsuccessful subject could be rescued prior thereto and punished. The issue need not be criminal;
already in the third millennium, disputes over property could be settled by ordeal.
27
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3.2.5.6 Oracle
The oracle was a divinatory procedure, a means of consulting a god
on a specic questionin principle, one that could be answered yes
or no. It could thus be used in non-judicial contexts as well as trials.
Oracular procedures to decide judicial matters are attested for certain only in Egypt and Israel. In Egypt, it involved interpreting the
movements of an image of the god carried on a litter; in Israel, the
casting of lots.
3.2.5.7 Presumptions
The court might avoid resort to supra-rational procedures by use of
evidentiary presumptions. A number are found in the law codes: a
buyer is presumed a thief if he cannot identify the seller (LE 40); a
woman is presumed to have consented to intercourse in the city
(because she could have cried out) but not in the country (HL 197;
Deut. 22:2325); a baby is presumed abandoned, not lost, if it has
not been cleaned of amniotic uid (LH 185).
4. P S
The rst historian of ancient law, Sir Henry Maine, observed that
the progress of law has been distinguished by the gradual dissolution of family dependency and the growth of individual obligation
in its place.28 In his celebrated dictum, it was a movement from
Status to Contract.29 The notion of such a movement is not borne out
by the evidence from the ancient Near East, where a dense network
of contracts between individuals existed alongside status, some even
impinging upon the rules of status (as in marriage and adoption) in
a way that would be unacceptable to modern systems. Nonetheless,
Maines observation contains a profound insight: in ancient law, the
role of status was altogether more important and far-reaching in its
consequences.
The societies of the ancient Near East were strongly hierarchical
in structure, with little social mobility. The place of an individual in
the hierarchy determined his legal rights and duties not only with
28
29
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respect to public and family law but also in areas that modern law
would regard as incongruous, such as contract and criminal law.
The basic unit of society was the household. Ideally, it comprised
an extended family that could cover three generations and additional
dependants, such as slaves, apprentices, and persons in debt bondage,
although in practice it might exist with only fragments of these components. The head of household was typically the father (a household is often called house of the father), but again there were
many variations according to circumstances. The head of household
himself might be ranked by class, feudal tenure, or profession.
Society was in some sense a coalition of households, but it would
be a mistake to apply the analogy of international law and to regard
the household as replacing the individual, as Maine and many others have.30 Nor is the image of a paterfamilias with arbitrary power
of life and death over his family at all appropriate. The walls of the
household were not, legally speaking, impermeable. The law applied
to individuals; it regulated inner-household relations as well as relations between heads of household. What the hierarchy within the
household meant was that the head of household could to some
extent use the subordinate members of household, even the free ones,
as the objects of legal transactions. He could certainly enter into
legal obligations on their behalf. By the same token, the subordinate
members had limited legal capacity when acting on their own behalf
but could, as agents, create rights and duties in the head of household. They might also suer the consequences of his criminal acts,
through the doctrines of vicarious and collective liability (see 8 below).
4.1
Citizenship
30
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37
The importance of the distinction is that freeborn natives had citizenship by right (and did not lose it merely by the fact of being
enslaved). Foreigners, chattel slaves, and others lacking citizenship
by right could acquire it by the kings discretionary power. In theory, they could be included simply by virtue of becoming a subject
of the ruler. The ruler, however, might choose to assimilate them
articially into the category of freeborn natives, for example, by
granting Hanigalbatship. Private arrangements could also lead to
inclusion in an ethnic group, through marriage or adoption. They
were thus indirect means of acquiring citizenship.
4.1.2 The dierence between the native and subject perspectives is illustrated by the contrast in the practice of imperial Persia
and Deuteronomic Israel. In the latter, citizenship was strictly on an
ethnic basis, with foreign residents being given a separate status,
albeit with limited possibilities of acquiring citizenship by ethnic
assimilation, for example, by marriage. By contrast, in the Persian
garrison of Elephantine in Egypt, Jews, Aramaeans, Khwarezmians,
and other ethnic groups were all regarded as subjects of the Persian
emperor and, as such, on an equal footing with the native Egyptians.
4.1.3 A non-citizen had no protection under the local law, except
insofar that as a foreign citizen of a friendly state, he was protected
by the rules of international law. A citizen, by contrast, was entitled
in theory to expect protection under the law and the respect of his
legal rights even by his monarch. A ruler could grant special protection to resident aliens (Akk. ubaru/ubru; Heb. ger). Once granted
resident status, foreigners appear to have had equal access to the
local courts. Separate courts for foreigners were a Hellenistic innovation, as with the separate Greek and Demotic courts in Egypt.
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Class
Gender31
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Age
The legal sources give no clear age of majority. MAL (A 43) mentions the age of ten for a boy, but for special purposes. Individual
puberty was probably a common measure of adulthood. Although a
child, especially a male child, took on more legal responsibilities with
age, a legal age of majority was less important than in modern law.
The vital question of whether a person was independent or a subordinate member of household did not depend on biological age. A
grown man remained the son of a man in status as long as his father
remained head of household, namely, until the fathers death or division of his estate inter vivos. A woman remained the daughter of a
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man until she married, when she assumed the status of wife of a
man. If the man she married was still the son of a man, then her
primary status would be that of daughter-in-law. Only where a mother
was head of household did her position cease when her children
came of age.
4.5
Slavery32
4.5.1 Denition
Freedom in the ancient Near East was a relative, not an absolute
state, as the ambiguity of the term for slave in all the regions languages illustrates. Slave could be used to refer to a subordinate in
the social ladder. Thus the subjects of a king were called his slaves,
even though they were free citizens. The king himself, if a vassal,
was the slave of his emperor; kings, emperors, and commoners
alike were slaves of the gods. Even a social inferior, when addressing a social superior, referred to himself out of politeness as your
slave. There were, moreover, a plethora of servile conditions that
were not regarded as slavery, such as son, daughter, wife, serf, or
human pledge.
A better criterion for a legal denition of slavery is its property
aspect, since persons were recognized as a category of property that
might be owned by private individuals. A slave was therefore a person to whom the law of property applied rather than family or contract law. Even this denition is not wholly exclusive, since family
and contract law occasionally intruded upon the rules of ownership.
Furthermore, the relationship between master and slave was subject
to legal restrictions based on the humanity of the slave and concerns
of social justice.
4.5.2 Property Law
Slaves could be purchased, inherited, hired and pledged like any
other property. The purchaser of a slave had remedies for hidden
defectsmedical (e.g., epilepsy), moral (e.g., tendency to run away),
or legal (defective title). Slaves, being owned, could not own property themselves (but could hold a peculium: see 4.5.4 below). The
32
Chirichigno, Debt-Slavery . . .; Westbrook, Slave and Master . . . and The
Female Slave.
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Servile Conditions
4.5.3.1 Pledges
At rst sight, the situation of a free person given in pledge to a
creditor was identical to slavery: the pledge lost his personal freedom
and was required to serve the creditor, who exploited the pledges
labor. Nonetheless, the relationship between pledge and pledge holder
remained one of contract, not property. Since the creditor did not
own the pledge, he could not alienate him, nor did property of the
pledge automatically vest in the creditor. It was in the nature of a
pledge that it could be redeemed by payment of the debt, at which
point the human pledge would go free. During the period of his service, failure by the pledge to fulll his duties led to contractual penalties, not punishment under the general disciplinary powers of a
master.
4.5.3.2 Family
Native terminology did not distinguish between master and owner;
a husband was sometimes called the owner of his wife (and a king
the owner of his subjects). Indeed, many of a husbands powers
over his wife and children overlapped with ownership: he could sell
them into slavery (but apparently only under economic duress), pledge
them for debt, and discipline them. Nonetheless, a wife or son sold
into slavery retained their original status and received some protection from it. Apart from this extreme case, a wife could own property independently (including slaves), and a son had a vested right
to inherit his fathers estate that could only be taken away for cause.
Wives and children were heirs, not the object of inheritance. Causing
death or injury to a wife or child or committing a sexual oense
against a wife or daughter gave rise to dierent rights in the head
of household, rights that were more than mere compensation for
economic loss (see 8 below).
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4.5.4 Contract
As with other conditions of status, slavery was frequently accompanied by ancillary contracts. When persons sold themselves or members of their family into slavery, contractual terms might be added
to alter the conditions of service and of release. Those terms could
considerably improve the lot of the slave or make it harsher.
A slave could act as agent for his master. In this capacity, he
could make contracts with free persons and litigate. He could also
manage property on his own behalf, in the form of a peculium given
him by his master.
4.5.5 Humanity and Social Justice
In determining who should benet from their intervention, the legal
systems drew two important distinctions: between debt and chattel
slaves, and between native and foreign slaves. The authorities intervened rst and foremost to protect the former category of each
citizens who had fallen on hard times and had been forced into
slavery by debt or famine. The tendency was to assimilate them for
these purposes into the class of pledges, that is, persons whose labor
might be exploited under a contractual arrangement but who remained
personally free in terms of status. At the other end of the scale, foreigners who had been acquired by capture, purchase abroad, or
some such means received little succor from the local legal system.
The benets of the law related to enslavement, length of service and
conditions of service.
4.5.5.1 Enslavement
A citizen could not be enslaved against his will if independent or
without the permission of the person under whose authority he was
if a subordinate member of a household. The only exception was
enslavement by court order for commission of a crime or civil wrong.
Although in practice economic circumstances would often force a
person into slavery, in law his act was, strictly speaking, voluntary.
The foreigner, by contrast, could be enslaved through capture in
war, kidnapping, or force, unless protected by the local ruler or given
resident alien status. In the latter case, protection still might only be
partial. As a proverb puts it: A resident alien in another city is a
slave.
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4.5.5.3 Conditions
The slave was protected against three forms of maltreatment:
1. Excessive physical punishment. Even chattel slaves appear to have
beneted to some extent from this protection.
2. Sexual abuse. Sexual intercourse with a woman amounted to an
oense in the ancient Near East when it was an infringement of
the rights of the person under whose authority she was, for example her father or her husband. Ownership of a chattel slave eliminated that authority but not entirely so in the case of a debt slave.
3. Sale abroad. Only native debt slaves were protected by this prohibition, which must in any case have been dicult to enforce in
practice.
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Marriage
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45
ment, the purpose of which was her release from the authority of
the former into that of the latter. If the bride was independent, for
example, a divorce or a widow, she could contract on her own
behalf. Provisions in several law codes declare a formal contract
between the parties a necessary condition to the validity of the marriage (LE 27; LH 128).
2. Betrothal, indicated by payment of the bride-price, an amount
usually in silver or other metals, which had perhaps been settled
in the preceding agreement. The consequence of the bride-price
was to create what has been called inchoate marriage: the couple were deemed married as far as outsiders are concerned, but the
arrangement was still subject to rescission by the parties to the contract. The nature of the bride-price has been much debated. It
is intimately linked to the nature of marriage itself, which will be
discussed below. As well as initiating betrothal, the bride-price
acted as a measure of damages (in simplum or in multiples) for breach
of betrothal, and, in some systems, for divorce without cause. At
the end of our period, in Demotic and subsequent rabbinic law,
this last function takes over entirely: the bride-price is transmuted
into a ctional payment, becoming in eect agreed damages payable
to the bride if the husband should divorce her.
3. Completion, the point at which the bride passed de facto into her
husbands authority. The ancient sources are remarkably reticent
on the subject of what is regarded in modern cultures as the most
important stagethe wedding itselfperhaps because of the prominence of betrothal in establishing the legal context. There were, it
seems, religious ceremonies and elaborate celebrations, but they
were not legally dispositive. It would seem that there were several
alternative ways of completing marriage, according to the dierent
circumstances of the parties:
(a) by a speech act, such as is recorded in a marriage contract from
Elephantine: She is my wife and I am her husband from this
day (and) forever (EPE B28:4; cf. MAL A 41).
(b) by entry into the husbands house, as is mentioned in Demotic
marriage contracts. In LH 15152, entry is signicant as the
point at which a wife becomes liable for her husbands debts.
A widow is often referred to as entering the house of her second husband. A wife could, however, continue to live in her
fathers house, being visited by her husband occasionally (MAL
A 3234, 38).
(c) by consummation. LH 15556 marks consummation as the point
at which marriage is complete also as regards the contracting
parties, but in special circumstances: the bride had moved into
her father-in-laws house already on betrothal (and evidently
before puberty).
(d) by cohabitation for a minimum period (LE 27; MAL A 34). For
a widow, this can repair the lack of a formal contract (MAL A 34).
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33
It is sometimes stated that with respect to marriage arrangements (e.g., at
Nuzi), in which poverty-stricken parents received a payment for their daughters, the
transaction was one of sale. This may have been true in economic reality, but that
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47
is not the same as law. However pedantic it may seem, reductionism of this sort
should be avoided; law is as dierent from social or economic reality as reality is
from metaphor.
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49
nancial penalties by operation of law, although they varied in severity from the amount of the bride-price where there were no children (LH 138), up to the whole of the husbands property where
there were children (LE 59; LH 137), to nothing (MAL A 37).
The existence of contractual penalties on its exercise proves that
the wife had a right to divorce under the rules of status. The severity
of the penalties varies from system to system and between individual
cases within systems. In some contracts, there is eective parity
between the penalties on husband and wife. Others condemn her to
be sold into slavery or even to be killed, for example, if (the wife)
says (to her husband), You are not my husband, she shall be thrown
into the water. Clearly, this was tantamount to an absolute bar on
divorce by the wife.
Penalties for divorce could be avoided if the divorcing spouse could
show sucient grounds. A husband who divorced his wife for adultery, for example, did not have to pay her compensation and could
probably keep her dowry. Even when he had grounds, however, the
husband might nd himself obliged to negotiate a divorce settlement,
as in the case of a royal divorce at Ugarit (RS 17.159).
5.1.4.2 Death of the spouse ends the marriage, but a widow might
not be free to remarry a man of her own choice. Since her late husbands family did not wish to lose her dowry, contractual provisions
sometimes penalize her departure from the marital home. The Middle
Assyrian Laws (MAL) allow a widow to depart only when she has
neither sons or sons-in-law to support her nor any relative of her
husband to marry her. The biblical law of levirate obliges a childless widow to marry her brother-in-law or closest relative.
5.1.4.3 The case of a husband who is missing on active service
abroad is a classic scholarly problem considered by three law codes
(LE 29; LH 133a35; MAL A 36, 45). The wife is allowed to remarry
on certain conditions, notably that sucient time has passed and
that there are insucient means in her husbands house to sustain
her, but should her rst husband later return, she is to return to
him. Both her marriages are deemed valid, but the second is voidable on restoration of the rst.
5.1.4.4 The same scholarly problem also considers the possibility
that the husband has ed his city voluntarily (LE 30; LH 136). If
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his wife remarries under those circumstances, he may not claim her
back. Note that desertion of his wife is not the cause but abandonment of his city and his civic obligations. On the other hand, a wife
who deserts the matrimonial home may be divorced without compensation (MAL A 24).
5.2
Children34
5.2.1 The father and mother had the right to give their children
in pledge for their debts or to sell them into slavery. The latter right
appears to have been exercised only by necessity due to debt or
famine. There is no historical evidence of a right of life and death
over ones children; all examples are from legends set in an earlier
age. Deuteronomy 21:1821 provides for the execution of a rebellious son but by court order on application by the parents.
5.2.2 It was the duty of sons and sometimes of daughters to support their parents in their old age. Some sources also mention a
duty to bury them and mourn them. A term often used in this context is honor (Akk. palau/kubbudu; Heb. kbd)which implies that
more than mere material support was expected; the child had to
serve the parents with respect.
5.3
Adoption
5.3.1 Adoption was far more widely practiced than in modern societies. The reason is as much juridical as social. It is true that the
prevalence of disease, famine, and war left many couples childless
and many children orphans, with adoption as the obvious cure. But
adoption was by no means conned to childless couples or to the
sphere of family aection. It developed into one of the most powerful tools of ancient jurisprudence, a exible juridical instrument that
was used to facilitate matrimonial, property, and even commercial
arrangements.
The relationship of parent and child is a natural, biological phenomenon. The concept of legitimacy, by contrast, is purely legal, the
result of an articial legal construct, namely marriage. A legitimate
34
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way. Instead, the seller had to adopt the buyer and transfer to him
the land (with immediate possession) as an inheritance share. Instead
of payment, he received a gift from the buyer. There is little
attempt to maintain the pretense: the contract also contains standard
clauses from a contract of sale, and the same purchaser is adopted
hundreds of times.
5.3.2 Like marriage, adoption was a purely private arrangement.
It was eected by a unilateral act of the adopter. Only one mode
is attested, namely a speech act by the adopter: You are my son/
daughter! Where the adoptee was an orphan child, this act would
be sucient. Where the child had parents, a contract with them was
necessary rst in order to release the child from their authority.
Adults could also be adopted; if independent, the adult adoptee himself made the contract with his adopter.
5.3.3 Both men and women could adopt. In some systems, it is
clear that adoption by one spouse does not automatically make the
adoptee the child of the other spouse. In a document from Emar,
for example, a man gives children, probably by his slave concubine,
in adoption to his wife. In other systems the evidence is more ambiguous, in that the documents record adoption by the father alone as
head of household. Whether the adopters wife was implied therein
or whether the act of one automatically ensured adoption by both
is not certain. The law makes no distinction between the adoption
of relatives and strangers.
5.3.4 Adoption could be dissolved unilaterally by either party. The
form was a speech act: You are not my son/daughter, and You
are not my father (and mother), respectively. For the adopter, it
meant the loss of his investment; for the adoptee, the loss of his
inheritance. The contracts therefore included clauses against these
contingencies. As with marriage, the contract could not directly annul
rights under the rules of status, but they could penalize their exercise. For the adopter the penalty was loss of patrimonyfrom an
inheritance share to the whole of his property, sometimes even with
an extra payment. For the adoptee, it was generally being sold into
slavery, but occasionally it could be harsher, such as having hot pitch
poured over his head, as prescribed in a Middle Babylonian document. Where the adoption was a business arrangement with an adult,
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the penalties tended to be purely loss of property (estate or preassigned inheritance share) or pecuniary.
For a foundling adopted without a contract and brought up in
the adopters house, the latters exercise of his right to dissolvea
real danger if later natural children were bornmeant homelessness
and destitution. Only LH 191 oers any relief, obliging the ckle
adopter to send his erstwhile son away with an inheritance share in
movable property.
6. P
Distinct categories of property can only be inferred from their dierent
treatment in law. Land obviously was the object of many special
rules, but the distinction between land and movables was not the
only signicant division. Legal records of sale and pledge are attested
only for certain types of property: land, temple prebends (right to a
share of temple income) slaves, and occasionally farm animals (such
as a cow or a donkey; not herds) and cargo boats. Their common
feature is that they are all major capital assets. The reason for their
special treatment is probably that they were the focus of rights of
inheritance and redemption.
6.1
Tenure35
Three types of landholding are consistently attested: institutional, feudal, and private.
6.1.1 The two great institutional landowners were the palace and
the temple. They controlled large tracts of arable land, which they
exploited directly or through tenants.
6.1.2 The king granted land in feudal tenure: that is to say, in
return for certain services. There has been a great deal of scholarly
discussion about whether the term feudal is appropriate to the
ancient Near East. In my view, it is a convenient term to describe
a basic, recurrent form of landholding, as long as one does not
35
Lafont, Fief et fodalit . . .; Allam, ed., Grund und Boden . . .; Renger, Institutional, Communal, and Individual Ownership . . .; Ellickson and Thorland,
Ancient Land Law . . .
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36
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The same basic principles applied throughout the ancient Near East
to the transfer of property between generations. Within that framework there were regional dierences, in particular in the identity
and entitlements of heirs. A major dichotomy existed between Egypt
and the Asiatic systems as regards daughters as heirs, in addition to
which there were diverse local customs.
Inheritance was universal, direct, and collective. The whole estate
of the deceased, both assets and liabilities, passed upon death directly
to the legitimate heirs, who initially held the estate in common.
Division of the estate into individual shares was a subsequent voluntary act of the heirs, in principle by mutual agreement.
Natural heirs (those automatically entitled on intestacy) had a
vested right to inherit, at least as regards the core property of the
estate, in particular family land. The owner of the property could
only disinherit an heir for cause. Application of this fundamental
principle varied in its severity. According to LH 16869, a court
order was necessary for a father to disinherit his son and only after
a second oense. In Egypt of the New Kingdom, a father could disinherit some of his children in favor of others.
Testamentary disposition was possible, but given the rights of the
natural heirs, the ancient testament was considerably more circumscribed in its scope than a modern will.
37
38
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6.2.3
57
Intestate Succession
6.2.3.1 Heirs
The heirs of the rst rank who inherited automatically were the
deceaseds legitimate sons, namely, sons born of a legitimate marriage.
Where a son had already died but had left sons, the grandchildren
would take his share alongside their uncle ( per stirpes) and divide it
between them. Under Egyptian law, although the same principle prevailed, it applied also to daughters, who ranked equally with sons.
Failing sons, the estate passed to the deceaseds male collaterals
brothers or their descendants. Alternatively, some Asiatic systems did
allow for daughters to inherit, albeit with conditions. LL b allows
only unmarried daughters to inherit, presumably since married daughters would have already received their share in the form of a dowry.
Biblical law (Num. 36:112) insists on their marrying their cousins,
like the contemporary Greek epikleros/patroiokos. The biblical narrative
points to a rivalry between daughters and uncles as potential heirs,
a tension that the ancient legal systems had hitherto failed to resolve,
given the sporadic recurrence of the issue over millennia. Possibly,
the courts had a discretion that they occasionally exercised in favor
of undowered daughters, especially when there were no close relatives.
A few systems allowed an illegitimate son, that is, the deceaseds
natural son by a concubine (MAL A 41) or even a prostitute (LL
27), to inherit in the absence of legitimate sons. How an illegitimate
son ranked against a legitimate daughter is not known. Again, the
courts may have had a discretion where no close relatives were available. Otherwise, the law insisted that prior to his death, the father
should have legitimized the son by way of adoption, in order for
him to inherit alongside legitimate heirs.
Spouses did not in principle inherit from each other on intestacy.
The property and inheritance of a wife followed a separate line of
devolution (see below). Nonetheless, NBL 12 gives the court the
power to grant an indigent widow some property from her husbands
estate, at its discretion, according to the value of the estate (cf. an
analogous grant by LH 172 in special circumstances).
6.2.3.2 Division
The standard method was to divide the estate into parcels and cast
lots for them. In principle, the heirs divided the estate into equal
shares. Many systems, however, awarded the rst-born son an extra
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Testamentary Succession
6.2.4.1 The sources are very unevenly distributed. The highest concentration is in Late Bronze Age sites, where in a comprehensive
document the testator may settle not only the estate but also a wide
range of family matters, appending to the basic gift related transactions such as adoption, marriage, manumission, and disinheritance.
There are no examples from early Mesopotamia, but there are references to the use of deeds of gift mortis causa. Testaments are found
in Egypt already in the Old Kingdom, but in the Demotic record
they are replaced by complex post-nuptial marriage settlements
between husband and wife.
6.2.4.2 The documents allude to an oral transaction but give no
details. The core of the procedure appears to have been a speech
act making a gift. The speech act drew its legal eect from the use
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of a completed tense: I have given. . . . Hence the sources are frequently ambiguous: it looks as if the gift took eect immediately,
whereas in fact it only vested in the beneciary on the testators
death. The context, which would reveal whether the gift was inter
vivos (e.g., dowry) or mortis causa, is not always available to us. Where
the gift was in contemplation of death, many years might still pass
before the testators death gave it eect. A document might therefore be necessary to protect the rights of the beneciaries if disputes
should arise after the testators death. The extant documents tend
to record unusual inheritance patterns.
6.2.4.3 A testament was revocable, although there is no suggestion
in the sources that testators did so arbitrarily. It is more likely that
changes were necessitated by a supervening life event.39
6.2.4.4 The rights of the natural heirs meant that a father could
not make a gift of family property to a stranger.40 The gift would
indeed be valid but only for the donors lifetime, after which it would
be subject to a claim by the donors natural heirs. As we have seen,
the method for giving legacies to outsiders was to adopt them. The
powers of the father as testator were as follows:
1. To assign specic property to individual heirs. How far he could
aect the total value of their shares in this way is not clear.
2. To transfer the extra share from the rst-born to another sibling.
Apparently, the father could act out of pure favoritism, at least in
some systems. Note that biblical law (Deut. 21:1517) forbids transfer from the rst-born son by a hated wife to the son of a beloved
wife, that is, where the fathers favoritism relates to the mothers,
not the sons.
3. To give his daughters an inheritance share alongside their brothers. A daughter was a potential but not automatic heir. The father
already had the power to grant her a share of the family patrimony in the form of a dowry (see below). Therefore, no adoption
or other special procedure was necessary. In a testament from
39
A poignant illustration is the testator at Emar who leaves a debt to be collected by whichever of his sons survives the current plague (RE 18).
40
For the powers of a mother, see below. In Egypt, it was possible to make a
gift of land to mortuary priests to cover the cost of maintaining ones mortuary
cult in perpetuity. This was a special exception to the vested rights of heirs and,
in turn, had special restrictions on alienation and partition.
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6.2.5
6.2.5.1
Female Inheritance
Dowry
6.2.5.1.1 Upon marriage, a daughter received a share of the paternal estate in the form of a dowry. Although functionally the equivalent of an inheritance share, it diered insofar as it was not in law
a vested right, like a sons inheritance, but depended on her fathers
discretion. In Akkadian, most of the technical terms for dowry are,
in fact, words for gift (nudunn, eriktu). The dierence is logical,
rstly, because a daughter normally received her dowry in advance
of her fathers death, when the size of the inheritance shares could
not be determined, and secondly, because the size of the dowry
might be a matter for negotiation between the brides family and
the grooms family. Nonetheless, NBL 9 gives the daughters interest something of the character of an inheritance share in ruling that
if her father, having assigned her a dowry, suers a decrease in his
wealth, he may reduce the dowry proportionately but not arbitrarily in collusion with his son-in-law. Where the father dies before his
daughter is married, the question arises whether she has a legal right
to a share of the estate alongside her brothers or only has an expectation that they will dower her. Although LH assigns a share in the
case of certain priestesses, there does not appear to have been a
general principle of entitlement (except in Egypt). It is not surprising, therefore, that fathers often explicitly gave their unmarried daughters an inheritance share by testament.
6.2.5.1.2 The dowry enters the grooms house together with the
bride, on marriage. The brides father is often expressly said to give
it to the groom. Thereafter, it is subsumed into the husbands assets
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41
It also needs to distinguish between agreements that are worthy of enforcement by the law and those that are not, either because the parties would not normally regard them as such (e.g., purely social arrangements) or because of the
dictates of public policy (e.g., immoral purposes).
42
As in the Common Law, where the criteria of oer + acceptance + consideration provide a crude test, which does not always distinguish between social and
legal undertakings.
43
As in Civil Law systems, which therefore present a law of contracts, with multiple criteria, rather than a law of contract.
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7.2
Features of Contract
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Findings
7.3.1 So far as may be discerned from the limited evidence, a single juridical conception of contract prevailed throughout the region,
though manifesting itself in autonomous forms in each society and
period. In that conception, there were two ways of creating a binding contract:
1. By a bilateral, oral transaction of a standard type recognized by
law, for example, sale, hire, or partnership. Its enforceability arose
from the performance by one party of his obligations (possibly in
part), which triggered the duty of the other party to fulll his contractual promises (i.e., a real contract).
2. By solemn oath, which created a unilateral obligation. Its enforceability arose from its form, which bound the promisor from the
moment of his promise. It is not certain how far mutual oaths created mutual obligations, where breach by one side would absolve
the other from his oath.
7.3.2
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drawn with extreme caution. The reason could be that the relevant
obligations became implied in the standard contract or that the oath
was so self-evident that it did not need to be recorded. Even in the
third millennium, when mention of the oath is frequent, it is not
consistent. In the contract of suretyship, for example, the oath is
recorded often enough to suggest that it was the basis of the suretys
obligation to the creditor. Its occasional omission would therefore be
attributable to brevity, not substance. Does its total omission from
suretyship documents of the second millennium then mean that the
oath was no longer the basis of the obligation or that it did not
need any mention, being the sole basis?
7.3.4 A major diculty is that use of the oath, in contractual and
non-contractual situations, was often strictly speaking superuous: it
was used as an extra precaution where an obligation already existed
on some other basis, for example, vassal status, citizenship, or even
slavery. The reason is that it secured an extra level of sanctions,
royal or divine. Only in fully executory situations like the betrothal
contract and the treaty could it be argued that the oath was indispensable. On the other hand, if an oath not to contest an executed
agreement in the future were regarded as indispensable, then the
oath would be the only possible means of making an agreement into
a binding contract. A slave already transferred and paid for would
not be acquired unless and until the oath not to renege had been
taken by one or perhaps both parties.
7.3.5 A further complication that may aect the credibility of the
evidence is the possibility that the oral transactions recorded may
sometimes have been ctitious. Occasionally, payments are recorded
which external evidence shows not to have been received, or statement of completed performance on the envelope is contradicted by
a requirement of future performance on the inner tablet. Even loans
may be ctitious, masking some bookkeeping transaction (e.g., Middle
Assyrian KAJ 66). While the principle of the oral contract was upheld,
its role was usurped by the document, which became virtually a
mode of creating contracts in its own right. Although rare (as far as
we can tell), the ctitious document provided a conceptual steppingstone to acceptance of a dispositive written contract. But could a
solemn oath be taken as read?
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7.4
Typology
7.4.1 The core contracts that are found in any modern legal system are present in the ancient Near East: sale, hire, deposit, loan,
pledge, suretyship, and partnership. Exchange of land follows the
pattern of land sale; barter of goods is rarely attested. (Individual
chapters should be consulted for the specic terms of contracts, which
vary from system to system.)
7.4.2 There were contracts that are not found in modern legal
systems:
1. Contracts ancillary to status, for example, marriage, adoption, and
slavery. Such contracts interfere far more profoundly with the rules
of status than would be conceivable in modern law. For example,
penalty clauses in a marriage contract could eectively block a
spouses right to divorce.
2. Contracts between criminal and victim (or their families) arranging
a substitute penalty for a crime. Thus, a Neo-Assyrian contract
arranged for the transfer of slaves in payment of the criminals
blood-debthis liability for murderwhich would otherwise have
been payable with his life (ADD 321 = SAA 14 125).
3. A contract for a prostitutes services was legally binding, even if the
profession was not altogether socially respectable. In Genesis 34,
Judah even leaves a pledge for payment with a woman whom he
supposes to be a prostitute.
4. In Egypt, a person might make a contract with a mortuary priest
for the provision of cult oerings after his death, in return for an
endowment of land.
7.5
Terms
7.5.1 The law codes have relatively few provisions regarding contract. Most of them insert implied terms into standard contracts.
Some of those terms are in fact found expressed in contractual documents themselves, such as the liability of the seller of a slave for
epilepsy. Most terms were undoubtedly customary law, even if not
recorded in detail in the contractual document, such as the tari for
damage to parts of a rented ox (LOx). The most intrusive form of
implied term is the taris of prices for goods and services, which
are found in LE, LH, and HL. A few provisions deal with allocation of risk if the contract is frustrated, for example, if a crop is
destroyed by a natural disaster (LH 45), others with penalties for
breach by negligence or fraud (e.g., HL 149: fraudulent declaration
that a slave died before delivery).
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7.5.2 The penalties set by the contracts themselves were not conned
to the pecuniary. Even pecuniary penalties could be impossibly high
sums, which leads one to wonder what was the alternative to nonpayment. One denite possibility was slavery, since a party could
agree directly to be sold into slavery as penalty for breach. Other
penalties were mutilation or even death. Again, these are found as
direct penalties for breach: a peg shall be driven into her mouth
and nose (Old Sumerian: SRU 43); his head shall be smeared with
hot pitch (Old Babylonian: TCL 1 237) molten lead shall be poured
into his mouth (AT 28), he shall put out the eyes of A. and her
children and sell them (Nuzi: JEN 449), she shall die by the dagger (Neo-Babylonian: Roth 5). A character in 1 Kings 20:39 reveals
the link between excessive payments and cruel and unusual punishments: Your servant went out to battle and a man came up to me
and said: Guard this man; if he goes missing, it is your life for his,
or you will pay a talent of silver. While such penalties are not
common and tend to be imposed in situations involving status or
extremes such as war, some are for breach of unexceptional commercial bargains.45 There is an instinctive inclination to deny that
they were ever applied in practice, but in a world where criminal
penalties could be exceedingly harsh by modern standards, there was
nothing fantastic about the penalties themselves.46 Rather, it would
appear that the sharp distinction drawn in modern penology between
criminal and contractual liability did not exist. As the king of Israel
expresses it in his uncomforting reply to the guard mentioned above,
who had managed to lose his prisoner in spite of the terrible penalty
threatened (1 Kings 20:40): This is your sentence: you yourself pronounced it.
45
Cf. a penalty clause in Old Babylonian sale documents: If there is a claimant
(to the property sold), he (seller) shall pay 2 minas of silver or his tongue will be
torn out (e.g., TIM 5 19).
46
Less credible is a cumulative list of the kind found in a Neo-Assyrian sale document: . . . he shall pay 5 minas of silver and 5 minas of gold to (the god) Adad
of Kurbail, and shall dedicate 7 male and 7 female votaries to Shala, the consort
of Adad. He shall oer 2 white horses at the feet of Assur. He shall eat 1 mina of
carded wool and drink a standard agannu-bowl. They shall strew for him 1 seah of
cress-seed from the gate of Kurbail to the gate of Kalhu and he shall pick it up
with the tip of his tongue and ll their seah-bowl to the brim. He shall repay the
price to its owners tenfold; he shall plead in his lawsuit and not succeed (CTN 2
15). Clearly, the penalties are in terrorem, but they are of a dierent order to the
others discussed: they are not inicted but require action by the party at fault, in
the manner of a forfeit.
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Social Justice47
7.6
A special feature of the ancient Near Eastern systems was the intervention of the king or the courts to unravel valid contracts of loan,
pledge, or sale, in order to relieve the social consequences of debt.
Intermittent royal decrees canceled existing debts and sale or pledge
transactions judged to be dependent on them. These were solemn
acts of general application (the king has decreed justice for the
land), although exceptions were made, such as for commercial loans
or debts owed to foreigners. We have seen above how sale of family members as debt slaves also gave rise to a right of redemption
or of release after a period of service. The right of redemption also
applied to family land sold under pressure of debts.
Interference in contractual rights on this basis was neither universal nor systematic and where applied, might be hedged with exceptions and qualications. As a principle of justice, however, it was
universally recognized.
8. C D
8.1
Sources
Most of our knowledge of criminal law derives from the law codes,
since criminal cases, if recorded at all, were seldom preserved in
legal archives. This gives rise to two problems.
Firstly, the evidence is very unevenly distributed between the societies of the region, even more so than for other branches of the law.
Those sites which have only produced private archives are particularly bereft of information. On the other hand, criminal law provides the most striking examples of the common intellectual tradition
reected in the law codes. The same cases recur from code to code,
occasionally in almost identical language, or in recognizable variants.
Standard situations, such as the goring ox and the rape of a betrothed
woman, provide the strongest evidence for a canon of scholarly problems that was passed on from system to system.
Secondly, since the law codes were theoretical documents, it is
dicult to know how far they represent the law in practice. The
47
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Development
48
E.g., Jhering, Geist . . ., 127140; Kohler, Blutrache . . ., 912; cf. Sulzberger,
Homicide . . ., 16; Cherry, Evolution . . .
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If there is anywhere in the ancient Near East where pre-state conditions could be said to have prevailed, it is in relations between
states, where no central authority existed. Even in that area, however, we nd already in the third millennium a recognized system
of customary international law and treaties governing disputes between
states. It is true that self-help (i.e., through war) was the sole means
of redress, but the protagonists followed the rule of law in having
recourse to it or, at least, paid lip-service to the rule of law. Indeed,
there were even rules of international law imposing liability on a
state to investigate the robbery or murder of foreign nationals on its
territory, to pursue the culprits, and if not found, to pay compensation, as in internal law. There could be no clearer manifestation
of a developed criminal law with universally accepted principles.
At the same time, the ancient system bore little resemblance to
modern criminal law, either in its aims or its methods. Revenge was
an integral part of the system, as was composition. Justice was deemed
to be served by punishments that would be unacceptable, on persons who would be considered innocent and, in some cases, for
crimes that would not be recognized, in modern law.
8.3
52
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Status
The gravity of the oense could vary according to the status of the
parties, especially the victim. If the victim were a head of household, the consequences for the culprit could be considerably more
serious than for a son, daughter, or wife. In some systems, even the
class of the parties, aristocrat or commoner, could make a dierence.
A slave was considered property and did not enter into the same
category of oenses at all.
8.5
Punishments
53
The standard case concerns non-permanent injury: LH 2068; HL 10; Exod.
21:1819. Note that LH 207 extends the case to homicide.
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Classication
Modern law divides unlawful wrongs into two categories: crimes and
civil wrongs (torts). Crimes are considered wrongs against society as
a whole; it is the public authority that pursues the oender through
litigation and the principal aim is to punish. Torts are considered
wrongs against an individual, on whose initiative litigation depends,
and the principal aim is to compensate. The same act may be a
crime and a tort.
The modern classication is unhelpful for the ancient law, which
had a dierent theoretical basis, albeit never expressed in the native
sources. From the pattern of treatment and remedies, we can distinguish three main categories: wrongs against a hierarchical superior; serious wrongs against the person, honor, or property of an
individual; and minor harm to an individuals person or property.
8.6.1 Hierarchical Superior
Acts that harm, disobey or displease a superior carry a very high
level of moral culpability. The appropriate response is disciplinary,
at the superiors discretion. They may be further divided into an
upper level, where the cosmic order is compromised, and a lower
level, where the social order is compromised. Oenses comprising
the cosmic order are the following:
54
Prison was used as an interim measure to hold persons until their punishment
was decided or until they paid a penalty or debt owing.
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63
64
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it more like seduction, which falls into the category of minor harm
(see below).
8.6.2.5 Perjury and Slander 65
False accusation was considered particularly appropriate for talionic
punishment: the accuser suered the penalty that he had sought for
the accused (LL 17; LH 14; Deut. 19:1621). Slanderous remarks
impugning the sexual honor of a man or a woman led to various
penalties, especially ogging and shaming punishments (LH 127;
MAL A 1719; Deut. 22:1319).
8.6.2.6 Theft 66
Theft is, of course, not dened but seems to have covered not only
actual removal but also fraudulent misappropriation of goods left in
ones care or found and not reported to the authorities. The fraudulent receiver of stolen goods was treated in the same way as the
thief.
As in modern law, the gravity of the oense could vary greatly
according to the circumstances, especially the value of the object
stolen. Aggravated forms were treated as severely as homicide or
adultery, while the treatment of petty theft comes close to that of
minor harm (see below).
The standard penalty for simple theft was a multiple of the value
of the object stolen, but xed sums are found as well. If the thief
failed to pay, it became a debt for which he could be taken into
debt bondage or sold into slavery, depending on the seriousness of
the oense and the policy of the legal system. A thief at Emar gave
his sister into slavery in place of himself (Emar 257).
Examples of aggravated theft were kidnapping of persons for sale
into slavery (and their purchase), theft from a temple, and using
fraudulent weights, all punishable by death. Where a multiple payment was imposed, the alternative for an aggravated oense was
death (e.g., fraudulent avoidance of a debt-release decree: AS 7). It
was thus the equivalent of xed payment in lieu of revenge.
Two theft-related scholarly problems are found in several law
codes: the innocent receiver of stolen goods (LH 912; HL 5770;
65
66
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Exod. 22:3), and the burglar killed while breaking in at night (LE
1213; Exod. 22:23).
8.6.3 Minor Harm
In the category of minor harm fall oenses that carry a low level
of moral culpability. The mental element is negligence or, at most,
lack of foresight; the loss caused is mostly pecuniary. The penalties
are also pecuniary, their primary purpose being to compensate. Failure
to pay could lead to debt-slavery, however. This category is close to
the modern notion of civil wrongs (torts).
8.6.3.1 Personal injury is treated in a scholarly problem that posits
a case of non-permanent injury incurred in a brawl. The culprit
must pay the victims medical expenses and compensation for his
period of invalidity (LH 206; HL 10; Exod. 21:1819).
8.6.3.2 Negligent damage to property, such as ooding a neighbors eld (LH 5556) or allowing re or grazing animals to encroach
upon it (HL 1067; Exod. 22:45) results in various compensation
formulas, according to the economic loss.
8.6.3.3 Crimes such as homicide, wounding, or rape, when the victim is anothers slave, are treated as damage to property. The culprit must pay the owner compensation, usually based on the value
of the slave.
8.6.3.4 A special case is the seduction of an unbetrothed maiden.67
The seducer must marry her and/or pay her father for the loss of
her potential bride-price (MAL A 56; Exod. 22:1516).
9. I L
International law has a venerable history: references to treaties and to
the sanctity of international borders are already found in the twentysixth century. The following two millennia have so far produced
copies of more than forty treaties, with references to many more.
67
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9.1
83
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Treaties
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gods, in the same way as the seals of human witnesses were impressed
on contracts.
9.2.4 Multilateral conventions are not attested; all extant treaties
are bilateral. Scholars generally classify them as parity or vassal
treaties. Parity treaties were strictly reciprocal agreements between
equals. Although the two parties each took an oath that in theory
bound them unilaterally, the treaty attained mutuality through the
exchange of oaths to identical terms. Vassal treaties were agreements
between an overlord and vassal, in which only the vassal swore an
oath, undertaking unilateral obligations. Although the terms were
dictated by the overlord and might have resulted from force or the
threat of force, in theory, a vassal treaty was a consensual agreement freely entered into by the vassal.
9.2.5 Some treaties fall between these two pure forms, as, for example, the Hittite treaty with Sunassura of Kizzuwatna, which is styled
as a parity treaty but contains unequal terms marking its true nature
as a vassal treaty.68 By the same token, an overlord might give undertakings in a vassal treaty. Even if not under oath, such undertakings
would serve to make the vassals obligations conditional upon the
overlord respecting them. In any case, such conditionality might arise
from the general relationship of overlord and vassal. Thus a vassal
might deem himself freed from his loyalty oath (in the eyes of the
gods) by an egregious act of his overlord.69
9.2.6 Treaties were personal contracts between monarchs that bound
their respective states as would a contract made by a head of household. Theoretically, the contracting kings rights and obligations passed
to his successor under the normal rules of inheritance. In practice,
it was usual for treaties, especially vassals loyalty oaths, to be renewed
upon succession.
68
69
Liverani, Storiograa . . .
Altman, On the Legal Meaning . . ., 2035.
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9.3
Customary Law
9.3.1 Diplomacy was conducted by envoys rather than by residential ambassadors. Envoys enjoyed immunity in the sense of inviolability of their person; there is no allusion to the modern doctrine
of immunity from liability for illegal acts. The envoy of a friendly
state was deemed a guest of the host monarch, to be treated in
accordance with the accepted norms of hospitality. Permission of the
host was required before the envoy could depart. Inordinate detention might lead to diplomatic protests but was, strictly speaking, legal.
Violation of an envoys person, on the other hand, was a casus belli.
9.3.2 A state was responsible for crimes committed against foreign
nationals on its territory. The victims ruler would intervene on their
behalf with the ruler of the state deemed responsible. The problem
arose mostly with regard to foreign merchants, who were vulnerable to murder and robbery. The state was obliged to pay compensation to the victims or their families if the culprits were not caught.
The modalities of compensation might be regulated by treaty, as
examples from Ugarit in the late second millennium show.
9.3.3 Kings had a natural prerogative to grant asylum to fugitives.
They were under no legal obligation to return fugitives to the country from which they had ed, except under the express terms of a
treaty. For this reason, many treaties contain clauses regulating extradition. Another exception may have been vassals, who would be
obliged (legally, not just politically) to return fugitives to their overlord under their general duty of loyalty. Hittite treaties, however,
make the vassals duty of extradition an express term.
9.3.4 Nothing certain can be said about the rules of war. A declaration of war sometimes preceded hostilities, but there appears to
have been no general obligation. Prisoners of war were at the mercy
of their captors, to treat at their discretion. They were either killed,
enslaved (often being blinded), or ransomed. Civilians were regarded
as legitimate booty. Humane treatment seems to have depended on
political expediency and internal inhibitions rather than on recognized legal rules.
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10. T L A N E L
I have described the law of the ancient Near East as lacking certain features of modern law. That lack is not absolute, however: the
seeds of many modern legal institutions are already in evidence. It
is perhaps in these embryonic forms rather than in developed structures that the legacy of the ancient Near East to later legal systems
is to be sought.
The ancient kingdoms lacked a legislature in the modern sense,
but they had assemblies, which at the local level were capable of
creating binding rules. They had no legal theory as we would understand it, but they developed a pragmatic science of lists, which served
as a vehicle for theorization and categorization of the law, albeit by
inference. They had no jurists, but the drafting of decrees, contracts
and treaties reveals a dedicated legal vocabulary and an ability to
manipulate terminology in the interests of guarding against eventualities. They did not have a formal system of citation, but they
referred to decrees and precedents and relied upon a formalized wisdom to trace some of the contours of amorphous custom and ll
some of its gaps. They did not have legalism, with its reliance on
the strict letter of the law, but they showed some consciousness of
the notion in their careful formulation of oaths and in their creative
use of legal ctions, which maneuvered between legal categories if
not yet between legal terms.
There are, however, two highly developed features of the ancient
law that modern systems can truly be said to emulate. The rst is
case-law method, or the objectivization of cases into paradigms and
the use of analogy to extend their reacha method that is still a
pillar of modern jurisprudence. The second is their view of the oce
of judge. The qualities expected of a judge included not only probity,
but also a heightened sense of right and justice, and a special regard
for the weaker elements of society. Indeed, greater stress was laid
upon these qualities than in modern society, and for good reason.
Modern law relies upon the absence of personal interest and adherence to the letter of the law to ensure the objectivity of its judges.
Ancient judges, often administrators and wealthy local landowners,
were not shielded from personal interest in disputes or from acquaintance with the parties, and could not seek refuge in the strict wording of legal texts. It therefore fell to personal qualities to achieve the
same ends. As the hymn to Shamash, god of justice, declares (99102):
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Edict of Ammi-aduqa
Covenant Code
Hittite Laws
Laws of Eshnunna
Laws of Hammurabi
Laws of Lipit-Ishtar
Law about Rented Oxen
Laws of Ur-Namma
Middle Assyrian Laws
Neo-Babylonian Laws
Sumerian Laws Exercise Tablet
Sumerian Laws Handbook of Forms
B
Allam, S., ed. Grund und Boden in Altgypten. Tbingen: published by the editor, 1994.
Altman, A. On the Legal Meaning of some of the Assertions in the Historical
Prologue of the Kizzuwatna Treaty (KBo I, 5). In Bar-Ilan Studies in Assyriology,
ed. J. Klein and A. Skaist. Ramat Gan: Bar-Ilan University Press, 1990, 177206.
Austin, J. The Province of Jurisprudence Determined (1832), ed. W.E. Rumble. Cambridge:
Cambridge University Press, 1995.
Bottro, J. The Code of Hammurabi. In Mesopotamia: Writing, Reasoning and the
Gods. Chicago: University of Chicago Press, 1992, 15684.
Brugman, J., ed. Essays on Oriental Laws of Succession. SDIOAP 9. Leiden: Brill, 1969.
Cardascia, G. La place du talion dans lhistoire du droit pnal la lumire des
droits du Proche-Orient ancien. In Mlanges oerts Jean Dauvillier. Toulouse:
Centre dHistoire Juridique Mridionale, 1979, 16983.
. Le charactre volontaire ou involontaire des atteintes corporelles dans les
droits cuniformes. In Studi in onore di Cesare Sanlippo 6. Milan: Giur, 1985,
162207.
Cherry, R. Evolution of Criminal Law. In Primitive and Ancient Legal Institutions, ed.
A. Kocourek and J. Wigmore. Boston: Little, Brown, 1915, 12250.
Chirichigno, G. Debt-Slavery in Israel and the Ancient Near East. JSOTSupp. 141. Sheeld:
JSOT Press, 1993.
de Coulanges, F. The Origin of Property in Land. Translation of Le problme des
origines de la proprit foncire, 1889, by M. Ashley, 2nd ed. London: Allen
& Unwin, 1927.
Diamond, A. An Eye for an Eye, Iraq 19 (1957) 15155.
Driver, G., and J. Miles. The Babylonian Laws. Vol. 1. Oxford: Clarendon Press,
1956.
Durand, J. Lordalie. In Archives pistolaires de Mari 1/1 (= ARM 26/1), ed.
J. Durand. Paris: ERC, 1988, 50924.
Ellickson, R., and C. Thorland. Ancient Land Law: Mesopotamia, Egypt, Israel,
Chicago-Kent Law Review 71 (1995) 321411.
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PART ONE
THIRD MILLENNIUM
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EGYPT
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1.1
Royal Edicts
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12829. See also Gundlach, Pharao, 25254; Boochs, Strafrechtliche Aspekte, 70; Lorton,
Treatment . . ., 67.
16
Goedicke, Knigliche Dokumente . . ., 89. On the phraseology of Old Kingdom
through New Kingdom legal documents, see Helck, Akten, 11734.
17
Goedicke, Knigliche Dokumente . . ., 2.
18
Ibid., 4.
19
Fischer, Notes . . ., 269.
20
Goedicke, Knigliche Dokumente . . ., 6. On the inscriptions as copies of papyrus
originals, Helck, Akten, 4 and on format, *1038. For an actual fragment on papyrus
of a royal decree, sealed before Pharaoh Isesi, see Posener-Krieger, Dcrets . . .
On the subject of publicity, see Allam, Publizitt . . .
21
Goedicke, Knigliche Dokumente . . ., 12.
22
Ibid., 13.
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1.2
The Abu Sir papyri, which contain the records of the mortuary
temple of Nerferikara (Fifth Dynasty), also preserve occasional legal
information.23
1.3
Private legal documents, either original or quoted in tomb inscriptions, are rare in the Old Kingdom proper.24 They are preserved
from the late Third through the late Sixth Dynasties, but the late
Fifth Dynasty is best represented.25 By the end of the Fifth Dynasty,
there is a tendency to provide greater personal detail in the tomb
biographies, grati, and expedition records.26 Of particular importance are P. Berlin 9010, the record of a private court case (Sixth
Dynasty),27 and the sale contract of Tjenti (Sixth Dynasty).28 Most
of the legalistic tomb inscriptions deal with aspects of the mortuary
cults and estates. The oldest signicant example of this type is from
the Tomb of Metjen (late Third to early Fourth Dynasties), which
provides data on the transfer of property.29 Exceptionally important,
too, is the Inscription of Wepemnofret, in which he gives his son a
part of the tomb and oerings.30 The few private legal texts do not
permit a condent reconstruction of a standard format.31 Letters only
rarely refer to legal matters, although P. Berlin 8869 alludes to the
misdeeds of a Count Sabni, and mentions the Court of Horus.32
23
Posener-Krieger, Papyri dAbousir. See, e.g., Kemp, Ancient Egypt, 141, and apud
Trigger et al., Social History . . ., 8990; Van den Boorn, w', 89.
24
Most of the relevant texts are in Goedicke, Rechtsinschriften . . .
25
Ibid., 2.
26
Eyre, Work . . ., 6. Der Manuelian, Essay . . ., 1, suggests that the duty
table of Nikaankh is a stone copy of a single, original legal document in its
entirety.
27
Thodorids, Concept of Law . . ., 295300. Basic publication is in Sethe,
Prozessurteil . . . See also Thodorids, Proprite . . ., 4457; Green, Perjury . . .;
Goedicke, Zum Papyrus Berlin 9010 and Knigliche Dokumente . . ., 8.
28
See Allam, Quenbete, 6061; Thodorids, Lacte . . ., 71572; Helck, Akten . . .,
1920; Doret, Verbal System . . ., 79.
29
Gdecken, Meten . . .; Endesfelder, Metjen . . .
30
Goedicke, Rechtsinschriften . . ., 3143; Helck, Akten . . ., 22, 142.
31
See Helck, Akten . . ., 10810.
32
Smither, Old Kingdom Letter . . . See now Vittmann, Elephantine . . ., 3234.
See also P. Cairo 58043, Baer, Deed . . .
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1.4
97
33
On titles, see esp. Strudwick, Administration . . ., 172346. On the legal signicance
or meaning of names, see Ranke, Personennamen . . . (not seen).
34
Thus Strudwick, Administration . . ., 197, observing that the title my-r .t wr.t
vanished after the early Sixth Dynasty, remarks: Perhaps there was an administrative reorganisation at that time, the main result of which was to reduce the number of titles extant in various institutions. See also Eichler, Untersuchungen . . ., 15761,
and esp. 16061, where he distinguishes between rank-titles, indicating the place
in the social hierarchy (e.g., smr-w'.ty), and ocial titles which do indicate a specic
activity; Eyre, Work . . ., 6; de Cenival, A propos . . .
35
See, e.g., Coulon, Vracit . . ., 119.
36
Inscription of Pepinakht, Urk. 1, 133.
37
ns, or private person, commoner.
38
Hatnub Gr. 22, 610 (Anthes, Hatnub . . ., 4849); translation of Doret, Verbal
System . . ., 155.
39
But compare Schipper, Von der Lehre des Sehetep-b-re', 172.
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The King
By the time of Snoferu (Third to Fourth Dynasties), and presumably during much of the formative Archaic period (Zero to Third
Dynasties),44 the pharaoh is the absolute monarch in Egypt.45 His
position was supported theologically, and in theory at least, he rmly
controlled the administrative and legal machinery of the Old Kingdom.46 Scholars have long debated whether the Egyptians consid-
40
L 3, col. 990; cf. Johnson, Legal Status . . ., 180, and Eyre, Work . . .,
38. Signicantly, perhaps, it does mention hp.w laws, a term that only comes into
common usage in the Middle Kingdom; see Boochs, Strafrechtliche Aspekte . . ., 19;
Lurje, Studien . . ., 67.
41
See McDowell, Legal Aspects . . .
42
The djadjat court, however, does not appear in Ptahhotep.
43
E.g., Lichtheim, AEL 1, 47 (Utterance 486). See Crozier-Brelot, Projet de lexique . . ., 3940; Boochs, Strafrechtliche Aspekte . . ., 36 (on w' [mdw]), 7071 and
also Religise . . .; Loprieno, Egyptians . . ., 195; Mrsisch, Gehrt . . .; Lorton,
Treatment . . ., 4 (on the concept of Last Judgment).
44
See now Menu, Naissance du pouvoir pharaonique.
45
On the position of the king within the law, see Thodorids, Concept of
Law . . ., 29495; Boochs, Strafrechtliche Aspekte . . ., 3738.
46
See, e.g., Martin-Pardey, Gedanken . . ., 235; Goedicke, Rechtsinschriften . . .,
19091.
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ered the pharaoh essentially human or divine; the oce displays both
aspects.47 In any case, the image of the pharaoh eectively overwhelms and permeates our evidencealmost all of the extant sources
relate in some way to the king.48 The pharaoh is closely associated
with maat, the Egyptian concept of right order and justice, personied
as a goddess.49 A remote gure, no Old Kingdom texts recount the
active participation of the king in court cases.50 The exemption decrees
provide the best insight into the mechanics of the enforcement of
royal will.51 A mortuary priest litigating against a fellow member of
a mortuary endowment (Sixth Dynasty) may be accused in the name
of the king, that is, under the authority of the royal courts.52
2.1.1 The mortuary endowments forming the subject of most Old
Kingdom legalistic texts appear to have been ultimately royal gifts
to the ocials named.53 In Urk. 1, 12, l. 17, for example, the mortuary endowment (elds, servants, and other property) is clearly
described as having been given to the man by the king.54
2.1.2 The Legislature
If orders issued by a king are considered a form of legislation, then
Old Kingdom royal decrees may be described as such.55
47
OConner and Silverman, eds., Ancient Egyptian Kingship. See also Menu,
rgicide . . .
48
Indeed, some explain the absence of a comprehensive legal code by the unique
nature and position of the pharaoh, e.g., Wilson, Culture . . ., 49. A person generally attributes his oce to the king, not to a lesser ocial, e.g., Urk. 1, 99, 3: His
[majesty appointed] me as warden of Nekhen.
49
See Teeter, Presentation of Maat (New Kingdom); Lorton, King . . ., 58 and
Towards . . ., 464; Otto, Prolegomena . . .
50
Hornung, Pharaoh . . ., 31112; contra, Boochs, Strafrechtliche Aspekte . . ., 32.
See also Lorton, Treatment . . ., 10; Otto, Prolegomena . . ., 156; Goedicke,
Origins . . . Mller-Wllermann, Alte Reich . . ., 37, doubts annual visits of the
king throughout the land (the so-called ms-r) in the later Old Kingdom; see fn. 2.
51
See Blumenthal, Befehl . . ., 76.
52
The relevant text is much restored; see Lorton, Treatment . . ., 7.
53
See, e.g., Weeks, Care . . .
54
rd.t.n n(=y) nswt r m3, which the king gave to (me) to be honored/endowed(?).
On the property (goods-t) of a sr (i.e., an ocial) being a tomb, see Thodorids,
Les gyptiens . . ., 69 (= Maat, 89).
55
Johnson, Legal Status . . ., 176: In ancient Egypt all law was given from
above; there was no legislature or any concept of legislation. However, see also
Pirenne, La Population . . .
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in the Old Kingdom the vizier could announce legal decisions only
on behalf of the king, but this, too, is not certain. Since he was also
chief nance minister, the exemption decrees are issued in his name.
The viziers of the Old Kingdom held such titles as overseer of the
six great houses, which is a term for the legal establishment,72 and
overseer of the royal document-scribes.73 His functions naturally
changed through time. The Old Kingdom vizier does not appear,
for example, to have had, even theoretically, the responsibility of
sealing or witnessing sale deeds, as was true for the New Kingdom.74
2.1.3.1.2 The kings role in the administration is illustrated by a
Coptos Decree of the late Old Kingdom wherein the king appoints
the son of the chief justice and vizier to prestigious government positions.75 The son is to act as or become a sr, magistrate. The
pharaoh clearly delineates his geographic area of jurisdiction, namely,
the First through Seventh Nomes in Upper Egypt. His authority is
also closely dened.76 He is to serve under his father, but above
other counts, seal-bearers, and similar ocials. The inheritable nature
of the oce is also apparent from this inscription.77 The procedure
which lends ocial validity to the decree is in the end of the document: Sealed in the Kings own presence in the second month of
the second season, day 20.
2.1.3.1.3 In the royal decrees for appointments it is explicitly said
that others had no legal right to contest the appointment.78
2.1.3.1.4 The precise character of the connection between the central government and the provinces, as well as the details of provincial administration, remain obscure.79 Leprohon emphasizes that royal
72
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authority over the provinces increased gradually but that the provincial local administrations retained responsibilities.80 These were largely
agricultural, and presumably the villages were generally left to themselves, once they had paid their taxes.81 The exemption decrees, on
occasion issued by the king in response to complaints by ocials,82
are informative on the nature of provincial administration, particularly regarding the ocials addressed and charged with executing
royal directives.
Such directives from the king and central authorities were presumably carried throughout the land by royal messengers. Limitations
could be placed on the aid which such emissaries might require from
local institutions.83
2.1.3.2
Provincial Administration
131.
81
Leprohon, Civilization . . ., 1: 279. On Old Kingdom taxes and corve labor,
see Mller-Wllermann, Warenaustausch . . ., 15058; Goedicke, Knigliche Dokumente . . ., 69; Hafemann, Arbeitspicht im alten gypten. I, 1011.
82
Goedicke, Knigliche Dokumente . . ., 111.
83
E.g., ibid., 41.
84
Eichler, Untersuchungen . . ., 261, and see also 259.
85
These titles naturally change through time. See also Fischer, Dendera . . ., 12.
86
Gdecken, Meten . . ., 5051.
87
Leprohon, Civilization . . ., 1: 27980; Martin-Pardey, Untersuchungen . . ., 15270;
Gardiner, Egypt . . ., 1034; Hornung, Grndzuge . . ., 31; Thodorides, Charte.,
7056; Goedicke, Knigliche Dokumente . . ., 112; Kanawati, Government Reforms . . ., 14.
88
See also Goedicke, Knigliche Dokumente . . ., 183; Gdecken, Meten . . ., 66;
Vittmann, Priester und Beamte im Theben der Sptzeit, 190.
89
Urk. 1, 106, 45, and cf. also Doret, Narrative Verbal System . . ., 53.
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2.1.3.2.2 The nome is the basic geographical unit of administration in the Old Kingdom,90 although the precise divisions are still
in process throughout this period. Each of the approximately fortytwo nomes (the traditional number) was governed by a nomarch (rytp-'3 n GN) in the late Old Kingdom.91 Nomarchs wielding signicant
independent power only appear in the Sixth Dynasty.92 The nomarchs
duties were probably also partly juridical in character.93 In addition
to the nome centers there were separately administered pyramid
towns.94 The First Intermediate period is characterized by nomarchic
families usurping royal authority.95 There is a gradual decrease in
central authority, and a corresponding increase in local power.96
2.1.3.2.3 The local provincial ocials often inherit their oce from
their fathers. Even those administrators of provincial royal estates
and nomes of the central government may have resided in the capital of Memphis. It seems that through most of the Old Kingdom
the central government exerted a strong control over the provinces.97
Such provincial administrators were apparently concerned with taxation and labor obligations, but the details of their authority are
lacking.98 Not only the central administration but also provincial
ocials exercised some juridical functions as well. Such worthies
often state in their tomb biographies: I judged two disputants so
that they were satised.99
2.1.3.2.4 Temple functionaries might also exercise juridical functions.100 The heads of priestly establishments could initiate proceed90
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105
The Courts
2.1.4.1 The usual term for the court or court system in the Old
and Middle Kingdoms is the Six Great Houses (.t wr.t 6).106 The
Sixth Dynasty ocial Weni, for example, states (that he heard) cases
alone with only the Judge and Vizier concerning every secret and
everything related to the name of the king from the Royal Harem
and the Six Great Houses.107 The institution is still obscure, the
chief source of information being the enigmatic titles of persons connected with it.
33.t (djadjat)108 is a particularly common term for a court in
the Old Kingdom and thereafter. Such courts seem to have had
signicant administrative or advisory functions, in addition to judicial duties.109
101
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107
121
Allam, Richter, col. 254; Boochs, Strafrechtliche Aspekte . . ., 3940. On judging correctly, see Coulon, Vracit . . ., 12122.
122
There are other similarly formed titles, e.g., sub-overseer of the scribes of
the two Great Houses, right side of the palace (cf. the common Old Kingdom
term for the court house six great houses; and ry st3 n sm.t w' master of that
which one alone judges): Fischer, Marginalia II, 69. See also Allam, Richter,
cols. 25556.
123
On the s3b r3 Nn, see de Cenival, A propos . . ., 6869.
124
Cf. Goedicke, Knigliche Dokumente . . ., 186. See also Fischer, Varia Nova . . .,
132, 227.
125
Richten . . ., 15758. Cf. Gdecken, Meten . . ., 69.
126
Inscription of Pepinakht (Urk. 1, 133)
127
See Kanawati, Deux . . .
128
Strudwick, Administration, 197.
129
Ibid., Van den Boorn, Vizier . . ., 3334; Hafemann, Arbeitspicht im alten
gypten. I, 8; Ryholt, Political Situation . . ., 92.
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108
Parties
The meager evidence does not suggest that women were at any
disadvantage as litigants in law suits.137 Slaves nowhere appear as
litigants.
3.2
Procedure
130
131
132
133
134
135
136
137
138
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109
139
On the technical vocabulary for the process of bringing a law-breaker before
the court, see, e.g., Goedicke, Knigliche Dokumente . . ., 169.
140
Thodorids, Concept of Law . . ., 295300, and Contrat . . ., 38794
(= Maat); Martin-Pardy, Untersuchungen . . ., 18687; Goedicke, Zum Papyrus Berlin
9010, 338; Lorton, Civilizations . . ., 347; Coulon, Vracit . . ., 12526; Gdecken,
Meten . . ., 18990.
141
Johnson, Legal Status . . ., 6; Goedicke, Rechtsinschriften . . ., 4041; Seidl,
Einfhrung . . ., 17.
142
wnn w'-mdw n'=f, (Urk 1, 30, line 13).
143
Goedicke, Knigliche Dokumente . . ., 22021.
144
Seidl, Einfhrung . . ., 32.
145
See, e.g., Goedicke, Zum Papyrus Berlin 9010; Baer, Letters . . ., 13.
146
Concept of Law . . ., 297.
147
Cf. Goedicke, Rechtsinschriften . . ., 43; Manuelian, Essay . . ., 16.
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Evidence
Witnesses
3.3.1.1 Forensic
In P. Berlin 9010, if Sobekhotep fails to present three (?) witnesses
in support of his statement, he loses his case.151
3.3.1.2 Transactional
The property transfer of Wepemnofret (Fifth Dynasty) is recorded
in writing and carried out before numerous witnesses.152 The
148
Cf. also the obscure phrase m nw=f, in seinem (Haus)-Inneren, in P. Berlin
9010, for which, see Franke, Verwandtschaftsbezeichnungen . . ., 300301.
149
Poalcek, Procs . . .
150
Pirenne, Preuve . . ., 2224, discusses P. Berlin 9010, with regard to the
subject of proof. See also Seidl, Einfhrung . . ., 34.
151
Doret, Verbal System . . ., 54.
152
Goedicke, Rechtsinschriften . . ., 31. Cf. also the sale of Tjenti, Urk. 1, 158, l. 5.
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Documents154
3.3.2.1 Numerous texts refer to documents (') establishing or supporting ownership, which seem to form the basis for executing legal
actions or supporting claims.155 In P. Berlin 9010, the court is concerned with establishing the existence and authenticity of the relevant document. Witnesses are called upon to swear oaths that the
document is genuine. Apparently, three witnesses are deemed sucient.
3.3.2.2 In the decree of Pharaoh Neferirkare forbidding the removal
of any prophet for corve or construction work, the prohibitions are
followed by the declaration: There is no written document which
can give any right over them.156
3.3.2.3 The emphasis on writing in the texts and titles implies that
court verdicts and legal transactions were recorded and placed in
archives.157 Weni also characterizes one of an ocials functions as
putting into writing the details of an important case (Urk. 1, 101, 2).
3.3.2.4 Most preserved Old Kingdom legal texts are probably stone
copies of papyrus documents, which may omit features of the original version.158
3.3.2.5 As in later periods, letters may serve as legally valid
documents.159
153
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112
3.3.3 Oaths
The promissory and assertory oaths were an important component
of legal procedure throughout Egyptian history.160
A promissory oath may be taken in a legal setting before witnesses.161 In the house sale (?) transaction of Tjenti, the seller, Tjenti,
gives a kind of warranty: The scribe Tjenti said: I give justice, and
you will be satised with it so that the entire content of this house
may become transferred. You have fullled this payment with goods
in kind. Sealed with the professional seal, in the presence of the
council of the pyramid called Horizon of Khufu and in the presence of many witnesses, who are then listed by name.162 It has been
suggested that on the basis of the predominance of priests in the
witness section, the oath was taken in a temple.163 In P. Berlin 9010,
three witnesses take an oath regarding the authenticity or existence
of a document.164
4. P S
4.1
Citizenship
4.1.1 While terms, in part quite archaic, such as nmmt, the sunpeople,165 ry.t, commoners,166 and p'.t, nobility,167 suggest a
dierentiation of status,168 the legal implications of these designations
are still quite unclear. There exists no word in the Old Kingdom
generally translated citizen, and the issue of citizenship is not
raised in Old Kingdom texts.169 The Old Kingdom decrees occa160
See Menu, serment . . .; Lurje, Studien . . ., 13253; Coulon, Vracit . . .;
Wilson, Oath . . .
161
Wilson, Oath . . ., 140.
162
Translation after Thodorids, Lacte . . ., 727, and see also 74344; Wilson,
Oath . . ., 141; Seidl, Einfhrung . . ., 24; Malinine, Notes juridiques . . ., 100.
163
Seidl, Einfhrung . . ., 51.
164
Green, A Means of Discouraging Perjury . . .
165
This is of quite uncertain meaning, see Lorton, Legal and Social Institutions . . .,
351.
166
Loprieno, Egyptians . . ., 191.
167
As Lorten notes, it is the hereditary elite that comprised the civil administration, the priesthoods, and (beginning in the New Kingdom), the upper echelons
of the military (Legal and Social Institutions . . ., 351).
168
See Helck, Wirtschaftsgeschichte . . ., 98103, on population and class in the Old
Kingdom; Thodorids, Les gyptiens . . . On the legal status of rm, man, in
the Inscription of Metjen, see Goedicke, Rechtsinschriften . . ., 78.
169
Goedicke, Knigliche Dokumente . . ., 21819, takes 'n.w, living-ones, to denote
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sionally raise questions regarding the free or unfree status of the persons mentioned.170 On the basis of the exemption decrees, Goedicke,
however, emphasizes the equality before the law of free individuals, observing that there does not seem to have existed any dierence
between the legal standing of the priesthood from that of the laity.171
4.1.2 Some consider that the private individual in the Old Kingdom
had, in fact, signicant rights.172 Thodorids, observing that the Old
Kingdom sale of Tjenti, concluded in a local council, was witnessed
by craftsmen of comparatively humble status, claims that such persons must have enjoyed civil rights.173 Several scholars have remarked
on the occasional signs of independence of Old Kingdom workmen.174 Thodorids stresses, moreover, that even under the Fourth
Dynasty, a queen was obligated to pay those who built her tomb.175
4.2
Class
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180
Coptos Decree M. But see Fischer, Dendera . . ., 101. On social mobility, see
Eyre, Work . . ., 3839.
181
Schenkel, Memphis . . ., 43. See also Loprieno, Egyptians . . ., 19192; Eyre,
Work . . ., 3839.
182
See, e.g., Goedicke, Knigliche Dokumente . . ., 76, 212, and 219; Fischer, Varia
Nova . . ., 52. Pirenne Preuve . . ., 925.
183
ns Brger, Wb. 2, 385/11. Cf. Hornung, Grndzuge . . ., 41.
184
Schenkel, Memphis . . ., 78.
185
Lorton, Legal and Social Institutions . . ., 351. See now Garcia, La Population MRT ; Eyre, Feudal Tenure . . ., 11112; Eyre, Work . . ., 35; Garcia,
Administration . . ., 125; Andrassy, pr-n', 19; Helck, Wirtschaftsgeschichte . . ., 102;
Goedicke, Knigliche Dokumente . . ., 35, 64, 21112.
186
Compare also Urk. 1, 214, l. 12 (consisting of mr.t, cattle, goats).
187
According to Goedicke, Knigliche Dokumente . . ., 146, Coptos D makes clear
that the mr.t are by no means slaves, in contrast to Bakir, Slavery, 23. See further
Goedicke, Knigliche Dokumente . . ., 21112.
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4.2.5 Much discussed are also the class of nty-, those who govern the lake(?).188 They were the inhabitants of the pyramid towns,189
whose basic obligation was performance of the mortuary cult for the
deceased king. These people could also be exempt from military service and corve labor.190 They are registered apparently in special
oces.191 Mr.t could themselves be dependent on such nty-.192
4.2.6 Other terms may also represent a particular legal status, such
as nswtyw, royal ones, which Goedicke takes to be royal lessees
(Knigspchter)193 and pacied Nubian.194 Persons described as
sw.w have been understood as wage earners.195 The common word
rm, man, person, may in some contexts have the sense of dependent, servant.196
188
Lorton, Legal and Social Institutions . . ., 351. The translation of is uncertain (= work, Eyre, Work . . ., 35). The title is often rendered tenant landholder, but as Ann Roth observes, they seem to have carried out religious functions
as well. They are organized in divisions, with their own inspectors, and often appear
in the Abu Sir Papyri; see Roth, Organization . . ., 119. See further Eyre, Feudal
Tenure . . ., 111 and Peasants . . ., 377; Hafemann, Staatl. I . . ., 1415; Helck,
Wirtschaftsgeschichte . . ., 66; Eichler, Untersuchungen . . ., 264.
189
Goedicke, Knigliche Dokumente . . ., 6061.
190
Loprieno, Egyptians . . ., 193.
191
Urk. 1, 211, 5, seems to deal with the registration of the mortuary tenant
farmers (nty-) r s.t .t.
192
Goedicke believes that mr.t are associated with private persons, while nty-
are associated with kings (Knigliche Dokumente . . ., 61).
193
Ibid., 13435. Cf. Lichtheim, who proposes serfs, or similar (AEL 1, 162)
and Baer, some kind of small freeholder (Letters, 13). Mller-Wllermann reads
sw.tyw, and takes them to be a social group which possesses and alienates land.
They are, in her view, colonizing farmers sent to prepare elds for cultivation.
Garcia proposes dependents attached to the service of the king (Administration . . .,
12425). See further Endesfelder, Zum Stand . . ., cols. 89; Gdecken, Meten . . .,
29495; Eyre, Peasants . . ., 377; Eyre, Work . . ., 34; Helck, Wirtschaftsgeschichte . . .,
101.
194
See Helck, Wirtschaftsgeschichte, 113; Goedicke, Knigliche Dokumente . . ., 6263
(auxiliary troops).
195
Gdecken, Meten . . ., 287. Eyre suggests either wage-earners or a type of
slave (Work . . ., 25). See further Loprieno, Egyptians . . ., 19596; Goedicke, Bilateral . . ., 84 and Rechtsinschriften . . ., 184; Mller-Wllermann, Warenaustausch . . .,
14748.
196
Goedicke, Rechtsinschriften . . ., 7. Cf. also the designations of dependent persons compounded with .t or pr-.t, Perepelkin, Rechtsinschriften . . ., 16472.
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4.3
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Slavery
4.4.1 Terminology
There is little evidence for slavery in the Old Kingdom;211 nevertheless, there were clearly unfree persons, whose personal rights
and mobility seem to have been restricted (e.g., the mr.t).212 Even
205
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those not technically slaves were subject to corve-labor or other limitations on their freedom.213 Scholars have suggested the opposition
between ocials and dependents as being more useful than that
between slaves and free persons.214
4.4.2 Categories
Both b3k and m,215 the standard terms for servants, slaves, are
attested in the Old Kingdom, but little can be determined about the
legal status of such persons, apart from their evident dependence on
an owner/master.216 The word m, usually rendered slave by Egyptologists, only appears towards the end of the Old Kingdom.217 The
royal servants (m.w-nswt) portrayed working at the harvest in tombs
from Sheikh Said and Saujet el-Meitin may be prisoners (i.e., prisoners of war or convicted criminals).218
4.4.3 Creation
It is not certain whether a person could be enslaved for debt, but
one document may contain a stipulation against debt slavery.219 The
possibility of an ocial reducing an individual to servitude is raised
in Old Kingdom biographies.220
5. F
Both legal and extra-legal texts indicate that the mutual responsibilities of family members were well recognized, in a moral if not
legal sense in ancient Egypt. This is most clearly expressed in the
form of support of elderly parents, their proper burial by the eldest
213
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son, and the maintenance of the mortuary cult by the same.221 The
possibility of conicting interests within the family is also perceived,
so that a person might explicitly prohibit descendants or siblings
from raising a counterclaim to possession of property.222 The pharaoh
forbids that the oce of a malefactor be inherited by his son.223
5.1
Marriage
221
Allam, Familie . . ., cols. 1012. See also Goedicke, Rechtsinschriften . . ., 88,
21113; Pirenne, Histoire . . ., 2: 34589.
222
Allam, Obligations . . ., 95; Gdecken, Meten . . ., 25658.
223
Allam, Obligations . . ., 9091. See also Willems, Crime . . ., 33.
224
See Allam, Ehe, cols. 116281; Thodorids, Droit Matrimonial . . .;
Pestman, Marriage . . .
225
Johnson, Legal Status . . ., 179.
226
Urk. 1, 52, l. 2; see Pestman, Marriage . . ., 9. m.t is the standard word for
wife from the Old Kingdom onward (Pestman, Marriage . . ., 10).
227
Cairo CG 58043 (Sixth Dynasty; Wente, Letters . . ., 56), edited in Baer,
Deed . . .
228
Baer, Deed . . ., 7. Cf. Menu, Recherches . . ., 323; Allam, Mariage . . ., 119.
229
Goedicke, Rechtsinschriften . . ., 12829.
230
See ern, Consanguineous Marriages . . .
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5.1.2 Divorce
Evidence for divorce is vague. Pestman suggests that an Old Kingdom
statue group wherein the womans gure is cut away may be evidence of divorce.231 The same scholar also cites Ptahhotep: If you
marry a woman . . . do not repudiate her.232
5.1.3 Polygamy
While it is not impossible that polygamy may have been occasionally practiced, it does not seem to have been the norm.233
5.2
Children234
Adoption
231
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status and exercising ocial functions, may often have been supported by usufruct of state- or temple-owned property.239 There seems
to have also been private property in the Old Kingdom in the sense
that people felt able to alienate,240 bequeath, or sell property without explicit recourse to the state. Already Metjen (Third to Fourth
Dynasty) distinguishes between his paternal property and property
deriving from other sources.241 This land may have originally derived
from the king but was ultimately considered personal property.242
The .t or pr-.t were apparently a more personal type of property, which was not bound to any administrative function.243
6.1
Tenure
Ocials take pains to assert that they built their tombs with their
own means on land belonging to themselves.244 They emphasize,
moreover, that they properly compensated the tomb workers, who
depart tp, satised.245
Most land was presumably under royal or temple control,246 cultivated by persons eectively bound to the elds. There were large
landholdings designated .wt, mansions, manors, and nw.wt, villages, throughout Egypt.247 As already mentioned, high ocials and
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lesser individuals might also possess land and estates, which, while
perhaps fundamentally belonging to the state or temple (a usufruct),248
came to be considered, for practical purposes, the property of those
individuals.249 Our information concerning such lands tends to be
restricted to enigmatic terms.250 Land may be transferred through
inheritance251 or gift, but we have no actual examples of land sales,
to my knowledge (although allusions to such sales, sw, may possibly be found).252
A rather elaborate bureaucracy handled questions of land and
land tenure.253 There are eld scribes, possibly responsible for
land survey and similar matters,254 while a special oce, the ry tb'/
tm, dealt with issues of land ownership.255 A royal document ('-nswt)
may have been required in order to acquire land (Third to Fourth
Dynasty).256
6.1.2 Metjen (Third to Fourth Dynasty) already mentions compensation of land in such a way as to imply the ability to transfer
the rights freely (Urk. 1, 2, 811).257 Scholars have underscored the
constant interow between royal and private mortuary cult property.258 There seems to be good evidence for at least small-scale private trading and enterprise.259 It is unclear to what extent royal
craftsmen were involved in private mortuary provisions.260
248
Eyre, Work . . ., 34. For a discussion of t, pr-.t property as usufruct, see
Boochs, Niessbrauchs . . . See Goedicke, Rechtsinschriften . . ., 58, on the distinction
between property connected with oce and the oce itself.
249
Goedicke, Rechtsinschriften . . ., 188; Eyre, Work . . ., 23.
250
Lexicographical problems abound. Goedicke suggests, for example, that n'.t
is a type of legal institution connected with land or land ownership (Knigliche
Dokumente . . ., 124); that st may have the special meaning of ownerless land (167);
and that ' is a share of land being the property of someone and not a term for
a type of document (Juridical, 32).
251
But cf. Mller-Wllermann, Alte Reich . . ., 35.
252
Eyre, Peasants . . ., 377; Harari and Menu, Notion . . .; Gutgesell, Entstehung . . ., 72. According to Menu, Recherches . . ., 34, land comes from the king
and through inheritance, but there are no transactions between individuals.
253
Grunert, Eigentum . . .
254
Goedicke, Knigliche Dokumente . . ., 166.
255
Ibid., 169 (uncertain).
256
Seidl, Einfhrung . . ., 47 and 61.
257
Ibid., 46. See also Goedicke, Rechtsinschriften . . ., 24; Roth, Organization . . .,
116; Eyre, Work . . ., 33; Helck, Wirtschaftsgeschichte . . ., 135.
258
Eyre, Work . . ., 23.
259
Cf. Kuhrt, Near East . . ., 1: 150; Kemp apud Trigger et al., Social History . . ., 81.
260
Eyre, Work . . ., 21.
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6.1.3 The king also endowed land and priests specically for his
cult. In Coptos G, for example, the king gives land for the support
of priests connected with his own statue cult.261
6.1.4 The mortuary endowments may be considered a special type
of property, in that the person endowing the property places special
stipulations upon it so as to avoid the division and loss which might
adversely aect his cult oerings.262 One was generally endowed
(m3) by the king, but also occasionally by private individuals, i.e.,
the tomb owners.263 Mortuary priests could be paid by means of
land grants.264 The rights and limitations of the mortuary service are
clearly specied in contracts:265
The servants (sw.w) of my funerary estate266It was in order that they
make for me invocation-oerings consisting of bread and beer in the
necropolis that I hired them, (the transaction) being registered in a
sealed contract.267
261
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Inheritance 276
6.2.1 In the will of Heti, the man, speaking with his living mouth,277
gives to his children property in order that they may live.278
271
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yet attested in Egypt, according to him. It generally elucidates the origin and nature
of the owers legal claim to the property (Der Manuelian, Essay . . ., 15).
279
See also Johnson, Legal Status . . ., 216, n. 37.
280
See also Goedicke, Rechtsinschriften . . ., 146; Seidl, Einfhrung . . ., 57, with regard
to P. Berlin 9010.
281
E.g., Urk. 1, 16; Seidl, Einfhrung . . ., 58.
282
Seidl, Einfhrung . . ., 35; cf. Green, Perjury . . ., 33.
283
Urk. 1, 16365; see Johnson, Legal Status . . ., 18384. The man declares,
I am her eldest son, her heir. It is I who buried her in the necropolis (Urk. 1,
164/23). See also Seidl, Einfhrung . . ., 57, 59.
284
Eyre, Work . . ., 24.
285
Goedicke, Rechtsinschriften . . ., 146. On Nikauankh and his mortuary endowment, see Roth, Organization . . ., 12021.
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that ocial gives his oldest son a section of his tomb for his burial
and permission to receive funerary oerings from his own endowment.286 Other relations are forbidden from contesting this provision.287 The transfer is recorded in writing and executed before
fteen witnesses.288
6.2.5 The Inscription of Wepemnofret contains a number of juristically signicant statements concerning the burial and the mortuary
cult.289 The term eldest son in this text possibly refers to legal
standing and, in fact, is used for two individuals shown in the tomb.290
This text gives an unusual list of heirs, namely, brother, wife, and
children.291
6.2.6 The son may receive more than the daughters, while the
wife obtains more than the son. Goedicke believes that the unequal
position of the various inheritors shows that the thesis of Pirenne
concerning the equality of heirs is not valid.292 The fact that the
wife receives the largest share is important and shows her full legal
authority.
6.2.7 Goedicke suggests that only private oces could be inherited
and not royal oces, which required the conrmation of the king.293
6.2.8 Statements in tomb settings imply that the son who took care
of the mortuary cult inherited the property. One text, for example,
speaks of That which his eldest son, beloved by him, the possessor
of all his property, did for himthis found in a tomb in Hagarsa
from the period just following the Sixth Dynasty.294
6.2.9
286
287
288
289
290
291
292
293
294
295
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127
7. C
The term tm is used for contract (lit. what has been sealed).296
7.1
296
See Boochs, tm. On sales, see Pirenne, Histoire . . ., 2, 29397; Goedicke,
Rechtsinschriften . . ., 2023; Mller-Wllerman, Warenaustausch . . ., 14850. On
sale transactions, see Harari, Exchange . . . Pestman, Marriage . . ., 18, denes Seidls
principle of notwendige Entgeltlichkeit, prominent in discussions of Egyptian sale transactions, as the doctrine that no title can pass to another without a corresponding
consideration being given. On contracts, see Goedicke, Rechtsinschriften . . ., 197.
297
Rmer, Der Handel . . ., 258.
298
Thodorids, Concept of Law . . ., 3046. On the my.t-pr as a unilateral
contract, which diers from the format used in a true sale, see Thodorids,
Contrat . . ., 373, and 393 for a concise statement on the my.t-pr. See also Mrsich,
Untersuchungen . . .; idem, Gehrt; Harari and Menu, Notions . . ., 145.
299
Johnson, Legal Status . . ., 177.
300
Gdecken, Meten . . ., 21118.
301
See Thodorids, Concept of Law . . ., 304. Seidl, Einfhrung . . ., 47, seems
to state that there were two ways of alienating property: through the myet-pr or
through sale. See also Seidl, Einfhrung, 61. On the my.t-pr, see now Logan, The
my.t-pr Document . . .
302
Theodorides, The state guaranteed the execution of deeds by conveyance by
registering them, as is shown for example by the document called the contract for
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the sale of a small house (in the Pyramid city of Khufu of the early Fourth Dynasty)
(Concept of Law, 292). See also Goedicke, Rechtsinschriften . . ., 124 and 20102
(a transfer of property for which royal permission is necessary).
303
Endesfelder, Zum Stand . . ., 89; Gdecken, Meten . . ., 2078; Goedicke,
Appendix . . ., 7071. Metjen declares that he bought about 6,000 arouras of land
from nswtyw, a very sizable amount; see Baer, Letters . . ., 13.
304
Thodorides, Lacte . . .. See also Menu, Ventes de maisons . . . The subject may be either a house or a tomb ( pr having both meanings); see Thodorids,
Lacte . . ., 729. See also Goedicke, Rechtsinschriften . . ., 15051; Eyre, Work . . .,
29; Gdecken, Meten . . ., 204.; Boochs, tm r t ; Goedicke, Bilateral Workcontract . . ., 7678; Menu and Harari, Notion . . ., 148.
305
But see Goedicke, Rechtsinschriften . . ., 5455 and 15253.
306
On shat, see also Vycichl, Shat . . . See further Helck, Wirtschaftsgeschichte . . .,
11617; Thodorids, Lacte . . ., 72023.
307
Boochs, tm r t, 22. See also Posener-Krieger, Prix . . ., 32529.
308
The procedure of sealing was of great importance. Cf. Urk. 1, 278, 13 (sealed
before the king himself, tm r-gs nswt s). On the tm.t formation and expressions
of satisfaction in bilateral contracts, see Gdecken, Meten . . ., 291.
309
Thodorids, Lacte . . ., 727.
310
Strudwick, Administration . . ., 333, who quotes Goedicke, Rechtsinschriften . . ., 41,
195 (= Urk. 1, 35, 15758).
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129
Debt
There is scarcely any evidence for loans, debts, or security from this
period.317 Since oaths are attested by the Fifth Dynasty, Seidl assumes
that an actionable obligation is created regarding the debtor (quoting Urk. 1, 157).318
311
Moussa and Altenmller, Nianchchnum . . ., 85. See also Menu, Recherches . . ., 65.
For wty, merchant (not attested before the New Kingdom), see Rmer,
Handel und Kaueute . . ., 270. See further Eyre, Work . . ., 3132; Helck, Wirtschaftsgeschichte . . ., 11415, 12025; Mller-Wllermann, Warenaustausch . . ., 134.
313
Roth, Tomb Building . . ., 237. See also Kadish, Observations . . ., 440;
Harari and Menu, Notions . . ., 149; Goedicke, Bilateral Business . . ., 74;
Gutgesell, Entstehung . . ., 78; Helck, Wirtschaftsgeschichte . . ., 7576; Pirenne,
Histoire . . ., 2, 31923; Mller-Wllerman, Warenaustausch . . ., 132, 14546; Eyre,
Work . . ., 31.
314
Goedicke, Rechtsinschriften . . ., 2223.
315
Ibid., 28
316
Allam, Obligations . . ., 95. See also Goedicke, Bilateral Business . . ., 7981.
317
See, e.g., Seidl, Einfhrung . . ., 54.
318
Ibid., 52.
312
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7.3
Hire
Homicide
Theft is mentioned in non-legal documents such as letters and biographies. Thus, in P. Berlin 8869, the writer declares: If you have
written to me in order that you might expose the robbery ('w3) committed against me, well and good.321
Abundant, too, are such autobiographical statements as the following, wherein the speaker claims to have acted so: that no one
did any harm to his fellow, so that no one seized the loaf or the
sandals of a traveler, so that no one took a bolt of cloth from any
town, so that no one took any goat from anyone.322
There is little information regarding the punishment of theft,
although there is evidence for cases dealing with theft of tomb
property.323
8.3
False Accusation
319
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8.4
131
Punishment
325
Lorton, Treatment . . ., 1112, 50. See also Boochs, Strafrechtliche Aspekte . . .,
75, 77.
326
Lorton, Treatment . . ., 7, follows Goedickes restoration in this very damaged section; Goedicke, Knigliche Dokumente . . ., 31.
327
Lorton, Treatment . . ., 1012 (inscription of Demedjibtawy, Ninth Dynasty?).
328
Ibid., 24 (but punishment is not the result of judicial proceeding). See further
Goedicke, Bilateral Business . . ., 80.
329
Goedicke, Knigliche Dokumente . . ., 217.
330
Ibid., 77.
331
Ibid., 214.
332
Crime . . ., 27. Cf. Fischer, Varia Nova . . ., 219; Goedicke, Juridical . . .,
29, Knigliche Dokumente . . ., 22122, and Rechtsinschriften . . ., 5859.
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132
9. S I
9.1
Curses
333
334
335
336
337
338
339
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133
Oracles
340
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134
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135
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136
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137
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. Gedanken zum Titel mr-wp.t, SAK 11 (1984) 23151.
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MESOPOTAMIA
1. S L1
Writing was invented at the end of the fourth millennium (in archaeological terminology: the Uruk IVa period). It is (perhaps) rst documented at Uruk (Warka)2 in southern Mesopotamia, more than a
millennium after the advent of urban civilization in that area. By
that time, the societie(s) of ancient Mesopotamia could look back on
a long but undocumented history of public and private law.
Documentation of law emerges only slowly, acquiring recognizable
contours as records of private transactions only some ve hundred
years after the invention of writing, in the Early Dynastic (ED) I
period (or possibly a little earlier, in the Uruk III period), which is
followed by the Fra (ED IIIIIa), Old Sumerian (OS = ED III)
and Sargonic periods. Dating is highly uncertain for the earlier periods, which may vary from city to city.
1.1
1.1.1 Inscriptions of Enmetena and Irikagina,3 rulers of Laga (twentyfth to twenty-fourth century) refer to edicts that they issued against
social inequity and the abuse of administrative power. Enmetena
claims:
1
The sources from these early periods are dicult to decipher. Their interpretation in this chapter is based on the authors own readings and reconstructions, which will be provided, along with detailed technical arguments, in a separate
publication in SBAW 2003.
2
At Susa, according to Glassner, crire Sumer, 151.
3
Also read Urukagina, Uruinimgina.
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4
Use of the technical term /ama-r gi4 / to return to the mother, corresponding to Old Babylonian andurrum to run free, freedom, shows that its derived
meaning liberation was well established. Cooper (SARI, La 5.4) translates, He
cancelled the obligations.
5
FAOS 5/1 Ent. 79 iii 10vi 6.
6
The so-called reforms of Irikagina exist in three dierent versions, only one of
them complete: (a) = FAOS 5/1 Ukg. 45; 60. Version (b) of Ukg. 13 and AO
27621 (Cooper, Medium . . ., 104) is very fragmentary, as is version (c) of Ukg.
6. Versions (a) and (b) are written on so-called cones, i.e., conical clay vessels
(Cooper, Medium . . .); version (c) is found on a fragmentary clay plaque.
Versions (a) and (b) begin with an enumeration of building activities of and canals
dug by Irikagina; they describe the reforms and name a nal act, namely the occasion marked by the inscription ([a]: the liberation of the people of Laga; [b]: the
digging and renaming of a canal). Version (c) begins with the reforms and continues with a historical narrative about the conict between the neighboring city-states
of Laga and Umma and a catalogue of Irikaginas building activities. Versions (a)
and (c) catalogue former abuses in comparison with the new rules. Version (b) as
far as it is preserved enumerates only reforms named in (a), although in a partly
dierent sequence. In omitting the catalogue of abuses, (b) gives up the basic binary
structure and, when necessary, refers to them in subordinate clauses. Version (c)
contains material present in neither (a) or (b). Several building and canal-digging
activities mentioned in (b) and (c) are absent from (a). The documentation therefore seems to point to three dierent edicts with a common core and special segments in each. Version (a) seems to be the earliest of the edicts.
7
Steinkeller, The Sumerian Term for Prison.
8
Referring to taxes and or rental payments?
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Irikagina made a contract with (the god) Nin-girsu.k, that he will not
deliver to the powerful the orphan and the widow.9
The other basic purpose was the (re)establishment of divine ownership over estates administered (and allegedly exploited in the past)
by the ruler and members of his family.10 Some scholars now view
with skepticism the rulers claim to have enacted these reforms.11
1.1.3 In the twenty-second century, Gudea of Laga claims to have
given inheritance rights to daughters of families without male heirs
(Stat. B vii 4446; cf. Laws of Urnamma a9').
1.2 Administrative orders and appeals to higher authority (letters)
rst occur during the Sargonic period.12
1.3
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of originals written on clay and suggest that this was the case with
their earlier counterparts, too. Understanding of their content is still
limited.
1.3.3 Sources from ca. 2600 (Fra period) onward are scattered in
time and space. Most are written in Sumerian on clay tablets found
at uruppag/k (Tall Fra), Girsu (Tell) and Uruk (Warka) and after
the Fra period; there are also sources from Adab (Bismaya), Isin
(In Baryt), and Nippur.
1.3.4 Fragments of stone objects with logographic inscriptions and
dated roughly to the Fra period were found at Ki in northern
Babylonia (ELTS 16aj, 17). These and some late ED stone tablets
from Sippir, Dilbat and unknown provenance (ELTS nos. 3438)
are to be read in a pre-Old Akkadian dialect.
1.3.5 In the Sargonic period, tablets from northern Babylonia, from
the Diyala region, from Ki, and from Mugdan (Umm al-]r) widen
the geographical horizon.
1.3.6 The majority of stone and clay documents record eld and
house purchases. Written records of purchases of movable property
(slaves) begin in the early twenty-fourth century. Later in that century, contracts of all kinds, debt notes, and records of litigation are
committed to writing.
1.4
Non-legal sources
16
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Organs of Government
18
The list ED L A begins with the word nm-
. (nm-da),
meaning king(ship) according to second millennium sources.19 It is
followed by nm-lagarx (), most probably viziership.20 Both entries
occur in (published) administrative documents of the Uruk III period.21
The oces of nm-s, nm-umu councilor and adviser follow,
then nm-iri city oce.
2.1.1
The King
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The Mesalim inscriptions (from Adab23 and Girsu)24 show the King
of Ki as a sovereign over (partly or occasionally) independent citystates, which became provinces during the Sargonic and Ur III
periods and were ruled by princes called nsi.k25 steward (of the
city-state X), being either an independent prince or a governor. The
political organization of the country ruled by the king (lugal) may
therefore not have changed much after the earliest period.
2.1.1.3 Early kingship and stewardship seem to have been hereditary in principle, passing from father to son, to the rulers brother,
or to his sons-in-law.
2.1.1.4 According to a third millennium political theory harking
back to the Sargonic period (and continuing into the second millennium), kingship originated in heaven and migrated from one city
to the next following rules that changed over time. It was given to
a city and taken from it by decision of the divine council, which
also selected the king.26 The theory was modied at Laga at the
time of or shortly after the reign of Gudea of Laga (twenty second
century), by crediting the oce of steward (nsi.k), with greater
seniority than that of king.27
2.1.1.5 In political titles the term nsi.k is always linked to the territory ruled by him (steward of Laga) but as shown by the edicts
of Irikagina (1.1.2 above) it also relates to the deity for whom he
administrates his or her property, that is, the city state.
2.1.1.6 A third title relating to the highest oce in a state or city
state is that of lord (en), restrictedwith the exception of epic
tales and divine epithetsto the city (state) of Uruk. The word is
homonymous with that for the highest priestly oce (en); their relationship, if any, has not yet been satisfactorily explained.28
23
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The Administration
Central Administration
29
Bauer, Der vorsargonische Abschnitt . . ., 462; Wilcke, Familiengrndung . . .,
298303.
30
Jacobsen, Early Political Development . . ., 121f.; Steinkeller, Archaic Seals . . .
31
Wilcke, Neue Rechtsurkunden . . ., 48f. (Isin); Westenholz, Early Cuneiform
Texts . . ., no. 140 (Nippur).
32
Foster, Management . . ., 28f.
33
Documented for northern Babylonia by the Man-ishtushu-Obelisk (Gelb et al.,
Earliest Land Tenure . . ., no. 40); for discussion and references, see Steinkeller, Land
Tenure . . ., esp. 554 and n. 5.
34
Kienast and Volk, Briefe . . ., pp. 53.
35
Foster, Umma . . ., 88 and pl. 6 no. 18; see Westenholz, Review, 78 and n. 12,
who calls Yib-Mr the powerful Prime Minister under Sharkalisharri.
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2.1.3.2.1 City-states and provinces had capitals (e.g., Girsu for Laga)
where the temple of the main god was to be found, but there were
also sub-centers (in Laga, e.g., Nig in and Gu"aba), which also housed
temples of other important deities. In OS times, the temples served
as administrative centers and their administrators, the sagga, played
an important role in governing temple estates. They also had to
defend their territory against enemies.
2.1.3.2.2 An important civil oce not (directly) related to the temples, was that of the Great Vizier (sukkal-ma), who, in the edicts
of Irikagina is named second to the steward, both having received
payments for divorces and marriages(?), a custom now abolished.36
In OS Laga, other senior oces are the Great Scribes (dub-arma), Great Lamentation Priests (gala-ma) of dierent (divine) households, the Great Seafaring-Merchant (ga:e8-ma), the Great One of
Heralds (gal nimgir.k), and, again related to dierent households, the
Great One of Merchants (gal dam-gr.k).37
2.1.3.2.3 Sargonic provinces enjoyed a certain independence: in
Umma, the royal Akkadian standard measures were used alongside a local system called Sumerian (see further below).38
2.1.3.3 Local Government
Elders (bba) and city elders (bba-iri.k) are attested, as is a town
overseer (ugula iri.k).39 Nothing is known of the latters functions.
2.1.3.4
36
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holders of allotted subsistence elds (l uku.r dab5-ba)40 and deepsea shermen (u-ku6 ab-ba.k)41 are given rations only for four months
(ixxii) in the year and seem to have served the temple directly only
during this period. From Irikaginas second year as king onward,
these people are qualied in the ration lists as owned (l -rum),42
which suggests a status of slavery probably no dierent from that of
slaves owned by private individuals. Other personnel took temple
elds encumbered with duties (ku5-r s-sa) on lease (aa5.g apin-l)
and paid rent (e gub-ba, ma) for them.43
2.1.3.4.2 A special tax which must have replaced an original duty
of corve labor is called dusu bricklayers basket, a word which
comes to mean corve. This tax may be one of the central concerns of the still poorly understood Enlilemaba Archive from Nippur44
and it occurs occasionally in other documents.45 Responsibility for
the tax seems to have been upon the head of the (extended) family, while individual members had to contribute.
2.1.3.4.3 Iri-kagina.k claims by his reforms to have changed taxes
or fees collected on special occasions (weddings, divorces, funerals)
or from holders of special oces, for example, the dusu-tax collected
from the sag g a.46
40
Attested from Lugalanda 5 to Irikagina 3. Only one undated source is available for year 4; year 5 is not attested; monthly rations were given throughout year
6 due to the dicult military situation (rations no. 5; 6; 9 and 11 are attested). In
chronological sequence: VAS 25 12; RTC 54; VAS 25 23; FAOS 15/2 5, 4; VAS
25 73; FAOS 15/2 6; VAS 27 6; FAOS 15/1 Nik 13; FAOS 15/2 55; TSA 20;
FAOS 15/2 7, 10, 118, 8, 68, 9; FAOS 15/1 Nik 52; FAOS 15/2 67; DP 121;
FAOS 15/2 81, 11.
41
TSA 19; FAOS 15/2 28.
42
First attested in DP 113 xv ! 35 (year 2, 8th ration) Ba"us barley rations of
(= for) blind persons, porters, and single -dub workers, owned persons. From
this time on, (l) -rum in the ration lists also qualies the gme female slaves
and their children and the l uku dab5-ba holders of subsistence elds.
43
See Steinkeller, Renting of Fields . . ., 142145; Bauer, Altsumerische Wirtschaftstexte . . ., no. 7; note that in the summary (ix) the eld is called aa5 e m
apin-l aa5 dusu rental barley-producing eld, corve eld.
44
Westenholz, Old Sumerian . . ., 5986, nos. 4478; he considers it a common
fund . . . literally the family basket (60).
45
See, e.g., Donbaz and Foster, Sargonic Texts . . ., no. 59.
46
FAOS 5/1 Ukg. 4 v 421 || 5 v 118; 4 ix 26 || 5 viii 1115.
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150
2.1.4
Page 150
The Courts
2.1.4.1 Judges
The organization and structure of the judiciary prior to the late OS
period is unknown. The Sumerian word for judge is di.d-ku5 ; its
Akkadian counterpart, dayynum, is not attested in syllabic spelling.
The kings (in city-states, the stewards) role as supreme judge may
be inferred from non-legal sources. Ur-Emu, who passed sentence
in the earliest attested lawsuit,47 is known as the Great One of
Merchants (gal dam-gr.k) at the time of Lugalanda and Irikagina.48
A herald acts as a judge in a college of judges.49 In the provinces
of the Sargonic empire, the governor50 and/or the sag g a (of Isin)51
appear as the highest judicial authority: two governors of Kazallu
(one of them a prince) judge the same case in three dierent consecutive trials.52 But the competence of the provincial administration
to administer justice in capital cases was restricted if citizens of Agade
itself were involved.53
2.1.4.2
The Commissioner
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151
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3. L
3.1
Terminology
Parties
The parties to the lawsuit are called l-di-da.k70 (lit., the person of
the lawsuit). There is no restriction according to gender. There is
one possible case of a slave contesting his status.71
3.3
Procedure
3.3.1 The texts occasionally name the place where the lawsuit was
held. One judgment was rendered in(?) the palace gate,72 one at
the place of (the god) Pabilsag. One text speaks of the place of
the judges.73
3.3.2 The only mention of initiating a lawsuit occurs in a royal
inscription: g gar74 to shout, to lay a claim to something (against
someone). An Akkadian Narm-Su"en inscription uses the verb
dnum to litigate for the opening speech in a case (see 2.1.4.1 above).
3.3.3 The initial claim may be followed by one party or their representative seeking access to the court, directly or indirectly. Attested
has been given to him for the commis[sioner]ship. My lord took [the gift/bribe]
away from him.
69
Attinger, lments . . ., 329; Wilcke, Flurschden . . ., 304f. (to be used only
with Korrekturen).
70
SRU 149; 216 s.v.
71
So understood in SRU 86. The fragment does not name the plainti; it could
also be that a third party claims property rights to the slave.
72
SRU 82: 9 abulla(.) -g[al].
73
MVN 3 77, 8(?); 18; perhaps a school text.
74
The traditional reading: inim-g ar results from not dierentiating g g ar =
ragmu and the similarly written inim-ma gar, a term used at Old Babylonian Ur
in renunciation clauses (see, e.g., Charpin, Archives . . ., 10) and found already in
Sargonic times: Krecher, Neue sumerische . . ., no. 27, 1113: zur Sprache bringen (Krechers italics).
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153
are one letter requesting the addressee to judge the case of a certain person75 and two letters from a certain Ur-lugal.k to an otherwise unknown Inim-ma76 informing him about the opposing party
and requesting him to prompt the judicial authority to render judgment and to issue a sealed document. In one case, this is the (local)
sag g a of Isin. In the other, the opposing party comprises citizens of
Nippur; here the governor of Nippur is to be urged to act as judge.
A third letter77 reports the next preliminary step: the unnamed sender
tells a man who has authority over two people, the opponents of
the same Ur-lugal.k, to send them to him.
3.3.4 After these preliminaries, the investigation of the commissioner and the litigation proper begin.78 The reports mostly introduce the object of the litigation with a short summary of the previous
transaction or, in the case of an oense, the wrong caused to the
injured party.79 These summaries presumably represent the results of
the commissioners research. Declarations of the parties during litigation80 and an occasional withdrawal (nam-g- ba-ni-a5 )81 may be
recorded. The successful eorts of the court to establish the truth
by weighing conicting statements and evidence are referred to by
the term bar-tam to examine, select (PSD).82
75
SRU 94; FAOS 19 Gir 30. The addressee (Du-du) is asked to render judgment ki Ad-da-ta from the place of Adda understood by the editors as substitution. I understand it as under the authority of Adda.
76
SRU 9293; FAOS 19 Is 12.
77
SRU 94; FAOS 19 Is 4.
78
The Sumerian term di.d du11.g to litigate with someone for something is
extremely rare at this time: see SRU p. 219 and 91 ii 10iii 1: Nin-g i-e, di-bi,
r-ni, Z-mu-ra in-na-du11 because of N., Urni conducted this litigation against
Zamu.k; See further Yang, Sargonic Inscriptions . . ., no. 650, 13: L-dEn-[ll-lra/da], Ur-dEn-ll-l da[m-gr], di -da-du11 The merchant Ur-Enlila.k litigated
with Lu-En[lila.k]. An Akkadian document uses dnum (SRU 26 i 3: i-d-na-ma).
79
SRU 80.
80
SRU 80: 45; 85: rev. 1115; 85a: 15; 87: 311; 100: 1'3'; Steinkeller, ThirdMillennium . . ., no. 6: 2'7'; 61: (= Krecher, Neue Sumerische . . ., no. 19) 1821.
81
Literally A made it (an object of ) loot(ing) for B, implying, apparently, relinquishment of the object but not of the claim; see SRU, pp. 1067 on no. 55:4344
auf etwas verzichten (for the PBS 9 texts see now Westenholz, Old Sumerian . . .,
nos. 75: 1617; 76: 710); Krecher, Neue sumerische . . ., 26 iii 8 (with commentary); Foster, Business Documents . . ., no. 7:610. (I do not understand the
translation on p. 152.)
82
SRU 91: 910: [sag g]u-, bar -na-tam He examined (it for?) him thoroughly (to the tip of the thread); iii 56: sag gu-, bar b-tam He examined it
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thoroughly; iv 1112: sag gu- <bar> im-mi-tam He examined it here thoroughly. This interpretation is not without diculties.
83
SRU 78 (OS Girsu), 78a (Sargonic Isin); FAOS 19 17 (Sargonic Adab).
84
See SRU p. 219 s.v. di; Yang, Sargonic Inscriptions . . ., A 650, 58; Steinkeller,
Third-Millennium . . ., no. 6 (TIM 9 100): 78; cf. Krecher, Neue sumerische . . .,
no. 25:10: makim d[i] si s-a-bi; SRU 82:10: di-bi si ab-s in this lawsuit justice
was rendered. Edzard and Krecher translate di si--s as Proze leiten, which
gives the idea of an authority presiding over the litigation but not taking an active
part in it and not itself rendering the judgment. Since besides the commissioner no
other persons but the parties and their witnesses are mentioned in the relevant documents, and since in SRU 88 three persons jointly rendered justice in this lawsuit, it seems dicult to conceive of such a remote role for the ocial(s) in charge
of the case.
85
Steinkeller, Third-Millennium . . ., no. 74: 2324; MVN 9 193: 57.
86
SRU 79: 11. This short list records payments made by dierent persons (1
sheep each) for commissioners. The concluding phrase, di-til-la, indicates that the
cases are closed. If this interpretation is correct, the payments of silver to judges
and their bailis, MAD 1, nos. 208, 228 and 242, should be similarly understood
as .5 PN1, amount (sc. of silver), PN2, Judgment for PN1, (who paid)
the amount for the commissioner PN2.
87
Yang, Sargonic Inscriptions . . ., no. 650: 58: Because of 10 shekels of silver,
Lugal-gi, the governor of Adab, decided the case for Ur-Enlila.k (di Ur-dEn-ll-l[ra] si b[-s]).
88
SRU 81.
89
SRU 82:1315 where I restore: l in[im-ma-k]e4-ne, -g[i-n-], nam-[rim-
b]a-an-m-[mu-u] The witnesses conrmed it. They were handed over to take
the declaratory oath. See also FAOS 19 Gir 4 (SRU 96), where one person had
taken the declaratory oath but another had not.
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ple, there may be a time gap, during which, again, the judicial
authority may be approached with the request for a judgment: May
he render a judgment in this case!90
3.3.7 An alternative to the oath is the river ordeal. It seems to
have been practiced quite frequently, as a large list with seventeen
short protocols of ordeals and another fragmentary tablet, both from
Nippur, show.91 A single tablet reports a river ordeal and a declaratory oath.92 The protocols of the large tablet succinctly mention the
object in dispute, the party who went down to the divine River,
the opponent, and a commissioner. Most disputes are over elds,
some over silver, barley, oxen, and sheep; one is about a slave. In
the fragmentary text, the issue is a stolen slave from Isin.
3.3.8 The nal step is a promissory oath of the losing party not
to bring up the same issue again, normally phrased as in contracts:
not to return to it he/they swore by the name of the king.93
3.4
Self-help
Settlement
90
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4. P S
4.1
Citizenship
4.1.1 From the Fra period onward persons outside their native
city are characterized by reference to that city. A certain notion of
citizenship may be found in Enmetenas remark that he freed the
children of the cities Uruk, Larsa.m and Patibira.k and let them
return to their respective deities (see 1.1.2 above). They were all subjects of Lugal-kine-dudu of Uruk. Their ties to their local deities
and cities seem stronger than to their suzerain. The strength of the
bond with ones city of origin is also shown when an ocer from
Umma taken captive by Urnane of Laga and acquiring landed
property in Laga is there called the eld recorder of Umma.96
4.1.2 If no city could be named, aliation to ones own native
land was in late OS times expressed by qualifying a person as being
of (our) country (kalam-ma-ke4 ), parallel to the description of
another man as from Adab.97
4.1.3 In Sargonic Umma, that is, in the Sumerian part of the
empire, we nd a group of people qualied as of Akkadian ospring
in contrast to another group called Sumerian.98
4.1.4 A group called nisqu selected occurs in texts from southern
Babylonia during the Sargonic period. It is organized under inspectors/ocers (nu-banda) and overseers (ugula).99 It is likely that
96
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these were resettled people originally from Akkadian territory or settlers on the payroll of the royal Akkadian administration. King
Urnamma claims to have abolished the privileges they enjoyed.100
4.1.5 Citizens of the capital Agade could not be condemned to
death by a provincial authority (see 2.1.4.1 above). If citizens of
Nippur were party to a lawsuit, it had to take place under the authority of the governor of Nippur (see 3.2.3 above). The possibility of
selling Nippurians into slavery may also have been restricted.101
4.2
Class
Gender
The head of household was, as a rule, a man, but from the beginning of the documentation women also appear in this function. A
married woman could make contracts independently103 or together
with her husband.104 Irikaginas reforms seemingly attempt to reduce
the legal status of women in threatening severe punishment for uttering a curse against a man and in denying them the right to a second marriage.105
100
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158
4.4
Slavery
4.4.1 Terminology
There are two Sumerian words for male slave: r and rdu.d. Both
are written with the sign , indicating an original meaning
of mountain man. The word for female slave is gme (written
, i.e., mountain woman), a word also used for female
workers in the great estates. Frequently, the texts simply use head
(sag ), qualied as female or male. The texts dierentiate between
houseborn slaves (eme4-d.d)106 of both sexes and other slaves.
4.4.2
Status
106
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159
children, suggesting that they were children born to the head of the
family by a female slave.112
4.4.3
Creation
112
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Marriage
5.1.1 Conditions
Irikagina prides himself in version (c) of his edicts127 on the abolition of the crime of women taking, that is, marrying, two husbands: It was so that women of former times took two husbands
each. Todays women have abandoned that crime.
Formerly, this was understood as the abolition of polyandry; later
the alleged abuse was explained as abstention from divorce in view
of high costs.128 It would be simpler to assume that Irikagina is talking about the remarriage of widows (and divorces). Equally, no evidence for polygamy can be found in our sources. Marriage was
monogamous. Taking a female slave as a concubine was probably
not exceptional.129
5.1.2 Terminology
In Sumerian, both partners to a marriage are called dam. To take
a spouse is tuku; apart from the text of Irikagina cited above (5.1.1),
it is to date only attested with the husband as the (ergative) subject.
dam taka4 means to divorce.
123
124
125
126
127
128
129
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5.1.3
161
Formation
Marital property
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137
On zax(LAK 384) see Civil, The Sign LAK 384; Westenholz, Old Sumerian . . .,
no. 45 ii 14iii 1 = 48 ii 1214 (cf. no. 44: 8: zax Lugal-inim-e-kam); no. 52: 11;
53: 5.
138
Reading -gi = -gi4 .
139
Wilcke, Neue Rechtsurkunden . . ., 5456: Grand document juridique, I+J.
140
DP 75; see Wilcke, Familiengrndung . . ., 284.
141
FAOS 5/1 Ukg. 6 ii 15'21'; iii 1'5'.
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163
6. P I
6.1
Tenure
Inheritance
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164
Sargonic Period
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165
6.2.2.2 Two other (possibly related) texts from this archive refer to
female inheritance. One lists property of the mother and continues:
a sister renounced (all claims) in favor of the sister. In the other,
Ama-ng-tu.d renounces claims to the listed property of Za-pa"e.154
6.2.3 Gudea (Stat. B vii 4446) introduced the right of a daughter
to become an heir to her parental estate, that is, not just to her
mothers property.
7. C
The documents of this period are never title-deeds. They serve as
an aide-mmoire and do not create a claim to something or against
somebody. The contract is an oral procedure which may be accompanied by legally operative actions, either symbolic or directly eective
(e.g., payment).
7.1
Sale
The commonly held view that Mesopotamian sale was a cash transaction (Barkauf ), in which ownership was transferred by payment of
the price,155 is contradicted by the Sargonic document MVN 3 81
(see 7.1.5.2.2 and 7.3.2 below) and by the possibility of crediting the
price (see 7.3.2).
7.1.1 Terminology
The Sumerian word to buy is sa10, from which the word price
is derived: ng-sa10.m (< *ng sa10-a-m it is the thing which bought),
sometimes shortened to simple sa10.m (< *sa10-a-m it is what has
bought). This again produces words for buyer (l ng -sa10.m ak,
price maker) and seller (l ng -sa10.m k, price consumer). The
buyer may also be called the person who bought the object (l
sa10-a ). Additional parts of the price are: ng-diri.g addition, ng -ba gift, munsubku5 .r haircut, i-gna < ikin, originally perhaps installation, but changing in meaning over time to
extra payment in kind in a xed ratio to the price and, nally,
154
155
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156
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167
492.
164
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168
G irsu/Laga
165
166
167
168
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169
The gifts that are standard in sales of landed property are lacking.172
7.1.5.1.4 In Sargonic Laga, slave purchases display a new form
marking the change of possession. This innovation seems to have
taken place in several steps, the last occurring in the time of the
governor Lugal-uumgal, who ociated under the kings Narm-Su"en
and ar-kali-arr.173 The rst step was the introduction of a new
clause recording that the object sold had passed over a wood(en pestle).174 The second step was putting price, payment, and receipt at
the beginning of the document, as follows:
(1) P is the price of (). (2) P weighed it out for
him/her/them. (3) S received it. (4) He made him/her/them pass
over the wood(en pestle). L .175
169
See the references and the discussion in ELTS pp. 240242. I dier from the
authors, who assume that the contract was written on a perforated clay nail and
xed either in the wall of a house or in a public place.
170
SRU 43, discussed together with its parallels by Krecher, Neue sumerische . . .,
18892, Mller, Ursprung . . ., and Kienast, Verzichtklausel . . . See also Edzard,
Zum Sumerischen Eid . . .
171
SRU 4045; the earliest is no. 43.
172
In SRU 30, no gift is mentioned, but the price includes things given as
ng -ba in other documents.
173
See Sollberger, Sur la chronologie . . ., 30f.
174
Edzard, Die buknum-Formel . . .; Malul, The bukannum-Clause . . .
175
SRU 4752; Donbaz and Foster, Sargonic Texts . . ., no. 155; ITT 1 1041 after
ELTS pl. 147.
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170
Central Babylonia
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171
Northern Babylonia
7.1.5.3.1 The Man-itusu Obelisk (ELTS 40) represents the northern Presargonic (Sippar, Ki) and Sargonic tradition of registers of
records on stone and clay (Dilbat, Enuna) but on a much grander
scale and in much greater detail. After an introductory section (mostly
lost), the measurements of the elds are given, then the eld price
(g
.10.5) in barley is calculated in silver, followed by the eld
ikin (..g.5), the eld gift (g..5) and the list of
eld owners receiving (eating) the silver (bl 5, .). A list of brothers, eld owners may follow. After several such
transactions are summarized, the text describes the borders of the
area acquired and enumerates ve eld witnesses (..5).
It then states that 190 citizens of Dr Su"en, i.e., Fortress of the
Moon God, to which the elds belong, have been fed. Forty-nine
individually identied citizens of Agade follow as eld witnesses.187
The remark that king Man-itusu has bought the elds ends that
section of the text. Mutatis mutandis, the same is then repeated for
elds belonging to the cities of Gir13-tab, Marad, and Ki. Only at
Ki does a woman appear among the eld owners.
185
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Exchange
An exchange of a eld for a garden is recorded once, with the operative clauses ab-i-g ar he put it for it and ba-re6 he carried it
away = he took possession of it.190 Another exchange of landed
property is styled as a purchase: the price of a garden consists of
another (bigger!) garden, a house and ten shekels of silver. The purchaser is again said to have carried away the price.191
7.3
Loan
7.3.1 Loans may either take the form of a receipt (using u--ti =
marum to receive) or that of a debt note acknowledging an obligation due to the creditor.192 Rarely were they committed to writing
as witnessed contracts, despite the important role they played in economic life.193 Much more frequent are debt notes without witnesses.194
The Sumerian term ur5 interest-bearing loan is used in OS texts
from Girsu and occasionally in Sargonic times;195 texts from the
188
MVN 3 102; Foster, Business Documents . . ., no. 1, plus another unpublished document: MAD 3 222, quoted by Foster Business Documents . . ., 148;
CAD M s.v. muqippu.
189
See Steinkeller, (z)a--da . . .; Wilcke, Die Lesung . . .; Westbrook, zz.da . . .
190
SRU 21.
191
Grand document juridique, N (Wilcke, Neue Rechtsurkunden . . ., 60).
192
tuku with the ergative of the creditor and the comitative of the debtor: MAD
4 41:1012; al (itti in Susa) yi: MAD 5 21:35; or simply it is
on : al yibai: BIN 8 125:68.
193
E.g., SRU 75 (Girsu), 74, 77 (Adab), and 76 (Nippur); MAD 4 124 (Umma);
4 (Enuna?); Gelb, Old Akkadian . . ., no. 15 (Diyala region); MAD 5 21 (Ki).
194
E.g., SRU 7273.
195
Bauer, Darlehensurkunden . . .; Steinkeller, The Renting . . .; MAD 5
71:1721 (Umma): The wife of the cook E. has received 16 heaped kor of barley from the house of the smith L. as an interest bearing loan. She has not paid
it back.
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173
196
MAD 1 17, 105, 110, 291, 321: ubullum; Gelb, Old Akkadian . . ., no. 32: ubut-
tatum.
197
Grand document juridique, K (Wilcke, Neue Rechtsurkunden . . ., 5658).
Note that there is no separate loan contract.
198
MVN 3 81: payment had apparently been made over 9 years.
199
See Krecher, Neue sumerische . . ., commentary on no. 24; Steinkeller, The
Renting . . ., 143145.
200
FAOS 5/1 Ean. 1 xii 12; xvi 2324; Ent. 28 ii 2224 || 29 iii 68; see also
Grand document juridique, G vii 911: ur5 k-a-ne-ne -su-su he will repay their
interest-bearing loan, which could also mean he will pay their rental payments
(due on the eld in question).
201
SRU 74, with commentary (see also Yang, Sargonic Inscriptions . . ., 119120).
202
Krecher, Neue sumerische . . ., no. 24:13.
203
Grand document juridique, K; see above.
204
MVN 3 105; see Wilcke, Neue Rechtsurkunden . . ., 5658.
205
Wilcke, Neue Rechtsurkunden . . ., 57.
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7.4
Pledge
Suretyship
Hire
7.6.1 No house rentals are attested. A lease of land from the governor () is mentioned in an account from Mugdan about the
206
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175
214
BIN 8 144:5559 (cf. the parallel text MAD 5 101, without mention of the
lease.)
215
MAD 5 101 ii 18. In BIN 8 144:2731, Lulu is said to have led away this
man, too.
216
Grand document juridique, I+J (Wilcke, Neue Rechtsurkunden . . ., 5456).
217
SRU 56.
218
SRU 80.
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176
8.2 Theft and murder are mentioned among the oenses punished
with imprisonment in the edicts of Irikagina, alongside tax oences
(see 1.1.2 above).
8.3 A fragmentary list of persons detained(?) in some cases gives
the reason for detention: stolen barley, a stolen slave, a [stolen(?)]
donkey, a house burnt down, and a murder. The list may be a
prison roster.219
A
ADFU
DP
ED
ELTS
FAOS
5/12
9/12
15/1
15/2
19
MEE
MVN
3
9
OIP
14
97
OS
PSD
SARI
SRU
TSA
219
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177
B
Alster, B. The Instructions of uruppak: A Sumerian Proverb Collection. Mesopotamia 2.
Copenhagen: Akademisk Forlag, 1974.
Attinger, P. lments de linguistique sumrienne: La construction de du11/e/di dire. OBO
Sonderband. Fribourg: Editions universitaires, 1993.
Bauer, J. Lupada, RlA 7/34, 172.
. Altsumerische Wirtschaftstexte aus Lagasch. Studia Pohl 9. Rome: Pontical Biblical
Institute, 1972.
. Darlehensurkunden aus Girsu, JESHO 18 (1975) 189218.
. Altorientalische Notizen (2130). Hchberg, 1985.
. Der vorsargonische Abschnitt der mesopotamischen Geschichte. In Mesopotamien.
Spturuk-Zeit und Frhdynastische Zeit, ed. P. Attinger and M. Wer. OBO 160/1.
Freiburg: Universittsverlag, 1998.
Bottro, J. Antiquits Assyro-Babyloniennes. In cole Pratique des Hautes tudes,
IVe Section: sciences historiques et philologiques. Annuaire 19701971. Paris,
87129.
Bridges, S. The Mesag Archive: A study of Sargonic Society and Economy. Ph.D.
diss., Yale University, 1981.
Carter, E., and M. Stolper. Elam: Surveys of Political History and Archaeology. Near
Eastern Studies 25. Berkeley: University of California Press, 1984.
Cavigneaux, A. Un dtail de la Figure aux Plumes, N.A.B.U. 1998/73.
Charpin, D. Archives familiales et proprit prive en Babylonie ancienne. Genve: Librarie
Droz, 1980.
Civil, M. kar-AK = kar-kd, RA 70 (1976) 18990.
. The Sign LAK 384, Orientalia 52 (1983) 23340.
Cooper, J. Medium and Message, RA 79 (1985) 97114.
Donbaz, V., and B. Foster. Sargonic texts from Telloh in the Istanbul Achaeological Museum.
Philadelphia: University Museum, 1982.
Edzard, D.O. Herrscher. A. Philologisch, RlA 4/45, 33542.
. Sumerer und Semiten in der frhen Geschichte Mesopotamiens. In Aspects
du contact Sumro-Akkadien, ed. E. Sollberger. CRRAI 9. Genava 8, 1960, 24258.
. Die buknum-Formel der altbabylonischen Kaufvertrge und ihre sumerische
Entsprechung, ZA 60 (1969) 853.
. amu, mar und freie Reduplikation beim sumerischen Verbum (Fortsetzung),
ZA 72 (1972) 134.
. Problmes de la royaut dans la priode prsargonique. In Le Palais et la
Royaut, ed. P. Garelli. CRRAI 19. Paris: P. Geuthner, 1974, 14149.
. Soziale Reformen im Zweistromland bis ca. 1600 v. Chr.: Realitt oder
literarischer Topos? Acta Antiqua Academiae Scientiarum Hungaricae 22 (1974) 14556.
. Fra und Abu Salb: Die Wirtschaftstexte, ZA 66 (1976) 15695.
. Zum sumerischen Eid. In Sumerological Studies in Honor of Thorkild Jacobsen,
ed. S. Lieberman. Assyriological Studies 20. Chicago: Oriental Institute, 1976,
6398.
. Qum, Ensi von Kazallu. In Zikir umim. Assyriological Studies presented to F.R.
Kraus, ed. G. van Driel et al. Leiden: Brill, 1982, 2633.
, and F. Wiggermann. Makim, RlA 7/56, 44955.
Englund, R.K. Archaic Administrative Texts from Uruk. ADFU 15, 1994.
. Texts from the Late Uruk Period. In Mesopotamien. Spturuk-Zeit und Frhdynastische Zeit, ed. P. Attinger and M. Wer. OBO 160/1. Freiburg: Universittsverlag, 1998, 13233.
Englund, R.K., and H. Nissen Die lexikalischen Listen der archaischen Texte aus Uruk
(= ADFU 3). Berlin: Gebr. Mann, 1993.
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179
Zeit und Frhdynastische Zeit, ed. P. Attinger & M. Wer. OBO 160/1. Freiburg,
Schweiz: Universitatsverlag, 1998, 235427.
Krecher, J. Kauf A.I. Nach sumerischen Quellen vor der Zeit der III. Dynastie
von Ur, RlA 5/78, 49098.
. Die Aufteilung des Kaufpreises nach sumerischen Kaufvertrgen der Faraund der Akkade-Zeit, Acta Antiqua Academiae Scientiarum Hungaricae 22/14 (1974)
2932.
. Neue Sumerische Rechtsurkunden des 3. Jahrtausends, ZA 63 (1974) 145271.
. /ur/ Mann, /eme/ Frau und die sumerische Herkunft des Wortes urdu
(-d) Sklave, WO 18 (1987) 719.
Lambert, M. Ur-Emush Grand marchand de Lagash, OA 20 (1981) 17585.
Marzahn, J. Entemena in Uruk, Baghdader Mitteilungen 28 (1997) 9796.
Matthews, R.J. Cities, Seals and Writing, Seal Impressions from Jemdet Nasr and Ur. MSVO
2. Berlin: Gebr. Mann, 1993.
Michalowski, P. The Lamentation over the Destruction of Sumer and Ur. Winona Lake:
Eisenbrauns, 1989.
Mller, M. Ursprung und Bedeutung einer sumerisch-akkadischen Vertragsstrafe,
AoF 6 (1979) 26367.
Nissen, H., P. Damerow, and R. Englund. Frhe Schrift und Techniken der Wirtschaftsverwaltung im alten Vorderen Orient. Berlin: Franz Becker, 1990.
. Archaic Bookkeeping: Writing and Techniques of Economic Administration in The Ancient
Near East. Transl. P. Larsen. Chicago: University of Chicago Press, 1993.
Oelsner, J. Klageverzicht(sklausel), RlA 6/12, 615.
Owen, D. A Unique Late Sargonic River Ordeal in the John Frederick Lewis
Collection. In A Scientic Humanist: Studies in the Memory of Abraham Sachs, ed.
E. Leichty et al. Philadelphia: University Museum, 1988, 15961.
Rosengarten, Y. Le rgime des orandes dans la socite sumrienne daprs les textes prsargoniques de Laga. Paris: E. de Boccard, 1960.
Sallaberger, W. Eine reiche Bestattung im neusumerischen Ur, JCS 47 (1995)
1521.
. Ur III-Zeit. In Mesopotamien: Akkade-Zeit und Ur III-Zeit, ed. P. Attinger and
M. Wer. OBO 160/3. Freiburg: Universittsverlag, 1999, 118390.
San Nicol, M. Die Schlussklauseln der altbabylonischen Kauf- und Tauschvertrge [1921],
2d ed. H. Petschow. Munich: C.H. Beck, 1974.
Sollberger, E. Sur la chronologie des rois dUr et quelques problmes connexes,
AfO 17 (1954/56) 1048.
. The Rulers of Laga, JCS 21 (1967) 27991.
Steinkeller, P. (z)a--da = kitum, RA 74 (1980) 17879.
. The Renting of Fields in Early Mesopotamia and the Development of the
Concept of Interest in Sumerian, JESHO 24 (1981) 11345.
. Studies in Third Millennium Paleography. 1: Signs TIL and BAD, ZA 71
(1981) 1928.
. Two Sargonic Sale Documents Concerning Women, Orientalia 51 (1982)
355368.
. Sale Documents of the Ur-III Period. FAOS 17. Stuttgart: Steiner, 1989.
. Studies in Third Millenium Paleography. 3: Sign 4, Studi epigraci e linguistici sul Vicino Oriente antico 6 (1989) 37.
. The Sumerian Term for Prison. In Velles Paraules (Fs. M. Civil ) = AO 9
(1991) 22733.
. Third-Millennium Legal and Administrative Texts in the Iraq Museum, Baghdad. Winona
Lake: Eisenbrauns, 1992.
. Sheep and Goat Terminology in Ur III Sources from Drehem. In Bulletin
for Sumerian Agriculture 8, 1995, 4970.
. Land-tenure Conditions in Southern Babylonia. In Munuscula Mesopotamia:
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181
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183
MESOPOTAMIA
Law Codes
The single law code from this period has the distinction of being
the earliest known of its genre. The Laws of Ur-Namma (LU), named
after the founder of the dynasty (21122095), were originally inscribed
on monuments set up in various temples of his kingdom, which have
not survived. It is preserved in copies on ve tablets from the Old
Babylonian period.3 The beginning and end are missing, and from
the extant fragments it is not possible to reconstruct a continuous
text. Preserved are part of the prologue, some of the laws, and some
of the curses against eacing the inscription. A block of about thirty
laws are preserved more or less intact; a further twenty are in a
more or less fragmentary form that allows only partial reconstruction and a provisional order.
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184
1.2
Trial Reports
1.2.1 Special to this period are ocial records of trials, which were
preserved in state archives. Most published texts are from Girsu/Lagash,
where they usually bear the superscript di-til-la (case completed).
The second largest group is from Umma (and not headed di-til-la)
and there are scattered examples from Ur and Nippur. Among the
thousands of administrative documents from Puzri-Dagan (see 1.5
below), a single trial record has been found.
1.2.2 The records contain an extremely terse account of the trial
proceedings: the parties, the claim, the witnesses, the key issue on
which evidence was given (and an oath taken), the commissioner
(makim) responsible for the case, the judges, and the date. Some
tablets (Germ. Sammeltafel) contain a number of cases before the same
judgesapparently, their case-load for the day. In these the account
is even more concise. There are also cases in which no decision
appears; indeed, they give the impression of a private arrangement
made before the court.4 They may represent litigation ended by a
settlement of the parties before the court. On the other hand, some
records from Umma are clearly protocols of interim stages, such as
witness statements.
1.2.3 A. Falkenstein edited 215 texts in his authoritative work, Die
neusumerischen Gerichtsurkunden, which remains fundamental to the study
of neo-Sumerian law. A few dozen tablets have been published since.5
1.3
Procedural Records
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- ( )
1.4
185
Contracts
Administrative Records
6
Steinkeller, Sale . . ., 3057. They are mostly in Akkadian and come from a
northern site near Babylon; see Frayne, On the Home . . .
7
Van de Mierop, Tram-Il . . .
8
Neumann, Zur privaten Geschftsttigkeit . . ., 16973.
9
Sigrist, Drehem, 1221.
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applies properly speaking only to the last third of the reign of Shulgi,
after the latter in a number of military expeditions had conquered
territory far from the heartland of Sumer. This empire lasted no
more than forty years or so, until the beginning of the reign of IbbiSuen. It may most conveniently be seen as consisting of a core,
represented by the traditional regions of Sumer and Akkad, and a
periphery, which developed mainly in the Transtigridian region
and in the direction of modern-day Iran.10
During this period there are signs of a concerted eort to establish bureaucratic control over the society and the economy. Many
new institutions and administrative procedures were created, as attested
by the enormous quantities of documentation discovered. The structural reforms that led to this imperial administration are usually
attributed to Shulgi, although the attribution has been disputed.11
The machinery of state installed and organized at this time continued to function as a framework and point of reference for several
centuries after the fall of Ur III.
2.2
The King
Steinkeller, Administrative . . .
Sallaberger, Ur-III-Zeit . . ., 148; Maekawa, Temples . . .
Wilcke, Politische Opposition . . .
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187
The public sector was predominant in the empire, but the evidence
must be treated with caution, since it is practically the only sector
that is revealed by the extant documentation. During this period
there were probably a number of dierent socio-economic structures
coexisting within the same legal and political framework.17
Members of the public sector supplied their services in return for
parcels of royal land allocated to them as prebends (uku) or, in the
case of the lowest ranks of the social order, were maintained by a
system of regularly distributed rations.18
The duties owed to the crown extended to all ranks, so that each
holder of an administrative position was personally responsible to the
state. He had to submit accounts with regard to his activities, production, and so forth, under pain of having his property conscated
by the administration if they were not satisfactory.19 The lowest ranks
were unskilled manual workers who did not have their own means
of production and were organized into labor gangs, either male
(guru) or female (geme2), under various types of foremen (ugula) on
the great institutional estates.20
13
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2.4
The Administration
Although the sources are restricted to the public sector, it is possible to discern fairly clearly, in addition to the central authority, the
dierent political and administrative situation prevailing in the core
provinces of the empire and in the outlying regions.
2.4.1 The Central Authority
The seat of government was doubtless at Nippur, where the king
most frequently resided. Not a great deal is known about the central administration, however, since we do not have its own archives.
2.4.1.1 The highest ocial was the sukkal-ma, the grand vizier
a sort of prime minister or chancellorwhose exact role is not well
understood. Directly below the king, he had wide powers in both
civilian and military matters, in particular as regards the lands on
the eastern border of the empire. It is at least in this sphere that
we can follow the career of Arad-Nanna (also known as Arad-mu),
whose father and grandfather had been sukkal-ma before him and
who, from the reign of Shu-Suen, was at the same time sukkal-ma,
civil governor (ensik) and military governer (agina) of several eastern provinces of the empire.21 In particular, he was in charge of the
major network of peripatetic ocials (sukkal) who were sent throughout the country on missions and who exercised authority in many
dierent elds.
2.4.1.2 Another high ocial, whose honoric title was great cupbearer (zabar-dab5), was likewise a key gure in the central administration. He is known mostly from the Drehem archive and his real
area of responsibility seems to have been the religious and cultic
aairs of the empire. Like the sukkal-ma Arad-Nanna, he could
combine this function with the oce of provincial governor (ensik).22
2.4.1.3 From this central power a hierarchical organization spreads
outward and downward, consisting of ocials who took personal
responsibility for their acts by way of their signature (in the form of
21
22
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189
2.4.2.1 The heartland of the empire was divided into some twenty
provinces, mostly corresponding to the old Sumerian city-states and
central provinces of the former Akkadian empire. Politically, the most
important of these provinces were Ur (the political capital), Uruk
(cradle of the dynasty) and Nippur (religious capital and main seat
of government).
2.4.2.2 At the head of most provinces was a civil governor (ensik).
Although directly appointed by the king, in practice he was often
chosen from among the leading local families and in the course of
the empire his oce tended to become hereditary.
The role of the ensik consisted mainly in overseeing and coordinating the activities of the great institutional estates of his province,
which were the prime source of local wealth: public works, assessment
and oversight of productive capacity, management of raw materials,
organization of labor, collection of taxes and their remission to the
central government; administration of the temples and organization
23
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24
See, e.g., the functioning of the scal oce of the province of Umma, whose
task was to collect taxes, as described by Steinkeller, Foresters . . ., 76, n. 17.
25
Englund, Organisation . . .
26
Waetzoldt, Untersuchungen . . .
27
Limet, Le travail . . .; Neumann, Handwerk . . .; Lafont, Les forgerons . . .
28
Steinkeller, Foresters . . .
29
Maekawa, Agricultural Texts . . . and Management . . .; Heimpel, Plow
Animal . . .
30
Sallaberger, Der kultische Kalender . . .
31
Goetze, akkanakkus . . .; Steinkeller, Administrative . . .
32
Gelb, Household . . .
33
In the province of Girsu there were some fteen temple estates (Maekawa,
Agricultural Texts . . .; Heimpel, Plow Animal . . .; de Maaijer, Land Tenure . . .).
The temple of Inanna at Nippur (-dinanna) oers a well-documented example of
one of these institutional estates, managed by the members of the same extended
family for several generations (Zettler, Ur III Temple . . .).
34
Gelb, The arua . . .
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191
and from other wealth that they exploited. Together they controlled
most of the agricultural land, the principal source of the empires
wealth. From the reign of Shulgi, they came under the control of
the state, being directly under the ensiks authority.35
A chief administrator (sanga) headed the productive sector of each
estate. Alongside him or, sometimes, instead of him, there could be
one or two foremen (abra or ugula-), often more specically in
charge of the agricultural land and the specialized teams responsible for work on the irrigated elds. The texts from Tello/Girsu and
Jokha/Umma provide information on organization and administrative hierarchy within these estates.36
External trade was in the hands of specialized commercial agents
(dam-gr), whose status vis--vis the administration is still not very
clear, notwithstanding recent research which tends to stress their
independence and the private nature of their commercial activities,37
revealing the existence of veritable associations of private entrepreneurs.38 For this trade barley as well as silver was used as a money
standard, on the understanding that the provincial administration
functioned more or less as a bank.39
2.4.2.5 The bala System
Shulgi established an important institution that ensured remission to
the central authority of the contributions, taxes, and production surpluses of the core provinces of the empire. This was the bala system, a xed annual rota of monthly payments within the framework
of which each ensik had to provide in turn (the etymological meaning of the word bala) a certain quantity of contributions and payments.40 They were administered from a large center situated near
Nippur: Esagdana-Nibru (on the site of modern Drehem), which was
expanded and renamed Puzri-Dagan after an ocial re-foundation
in year 38 of Shulgis reign.41
35
It has been called the nationalization of the temples by Shulgi (Postgate,
Early Mesopotamia, 300).
36
Gelb, Household . . .; Lafont, Lavnement . . .; Englund, Fischerei . . ., 5863;
Maekawa, Temples . . .
37
Powell, Sumerian Merchants . . .; Neumann, Ur-dumuzida . . .; Snell,
Ledgers . . .
38
Van de Mieroop, Tram-Il . . . . . .
39
Powell, Monies . . .
40
Hallo, Amphictyony . . .; Steinkeller, Administrative . . .; Maeda, Balensi . . ., and -bal-a . . .
41
Steinkeller, Administrative . . .,and New Light . . ., 65; Sigrist, Drehem, 1420.
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The provincial dues for the bala were delivered either to PuzriDagan or, if the central administration decided that a neighboring
province ought to benet from a certain product, directly to that
province. Another part of the bala income was used directly within
the province itself to maintain the various services and ocials of
the state. The bulk of the bala income went to the three royal cities
of Nippur, Ur, and Uruk.
The archives found at Drehem document mainly the management
of livestock collected and distributed under the bala system. More
than sixty thousand animals passed each year through Puzri-Dagan
or its accounts.42 The annual rota spread the deliveries from the
provinces over the year and ensured the warehouses a constant and
regular supply.
The bala system functioned properly only for about twenty years
after Shulgis reign. The empire collapsed when the system ceased
to work and the central authority was no longer able to use it to
collect the provinces surplus resources.
2.4.3 The Peripheral Regions
Information is much more sparse for the peripheral regions of the
empire. Having conquered areas to the north and east of the Tigris,43
the Ur III kings found themselves obliged to continue campaigning
and to maintain large military garrisons, thus creating a loosely controlled buer zone on the eastern frontier.
These areas did not participate in the bala system. Instead, they
were charged an annual tribute, payable either by the local prince
or by the military authority (agina and nu-banda3) installed by the
king of Ur. This annual tribute was called g-n(a) ma-da.44 From
the attested examples, it would seem that control of these border
areas did not last more than about fteen years after Shulgis death.45
42
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2.5
193
The Courts
46
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3. L
3.1
Parties
Access to the courts appears to have been available without distinction as to gender or class. Slaves appear as litigants only when
their own status is at issue. Priests sue each other over sacral property in the secular court (NG 115).
3.2
Procedure50
3.2.1 When a person sues (inim . . .gar), the court may as a preliminary step appoint a makim, who will prepare the evidence, e.g.,
by taking depositions (NG 121, 138). The makim had power to
interrogate but not apparently to arrest (NG 121). For the latter purpose, the court might send a gendarme (aga3-s: NG 120a, 202:19)
or an ocer (nu-banda3: NG 121), although self-help may have
been more usual (cf. NG 41). The local mayor (a-za-nu) could also
be involved in securing persons and property for the hearing (NG
120a, 120b).
3.2.2 It was the responsibility of the parties to bring their own witnesses. The court could set a time limit for the production of witnesses (NG 209:3059; Sigrist 1).
3.2.3 Evidence was given unsworn, and if conicting, the court
could decide to put the witnesses of one side to the oath (nam-rim).
The oath proceeding took place in the temple, not the court (e.g.,
NG 126) and marked the termination of court proceedings. If taken,
it was absolutely decisive; refusal to take the oath meant loss of
the suit. The trial records therefore end with the courts order as
to the oath, at which point they can record that the case is closed
(di-til-la).
3.2.4 A weaker form of the oath, by the name of the king (mulugalusually reserved for promissory oaths) was sometimes employed
by a party on his own initiative, e.g., I do not owe you silver.
50
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195
Name of the king! If I owe you half a grain, I shall pay you two
minas (NATN 571). It was not decisive.51
3.2.5 Where the court gives a verdict, it may be expressed in a
variety of ways, such as a completed action by the successful party
(PN has taken the slave), a future action by the defeated party
(PN2 shall pay x shekels), or as an action of the court: the slave
is adjudged to PN (ba-na-gi-in), PN3 was pronounced free (baan-ku4). Concession by the loser involved a symbolic actwithdrawing the garment (tg-r), although the same gesture could also
be used by the winner to declare his freedom from claims (e.g. NG
207:1518).52 An oath by the loser not to raise claims again (nu-gi4-gi4-da) is seldom attested and only by an unsuccessful plainti.
3.2.6
Evidence
3.3.1 Slaves could give evidence under oath, even about matters
not related to their status (NG 126).
3.3.2 In NG 202:1014, a defendant brings witnesses to prove that
he had not murdered the plainti s husband, presumably to meet a
prima facie case. Witnesses were usually multiple; if their evidence
was challenged, the court could put one or more of them to the
oath (NG 99:2331, 30, 110). It could also impose the oath on one
of the parties (NG 99:1114) or cumulatively on a party and their
witnesses (NG 127). Reasons given for a party taking the oath is
that the other party rejected his witnesses (e.g., NG 107; Sigrist 2)
or that his witnesses have died (NG 212). Otherwise, an oath by a
party is much rarer than by witnesses. The court can also call upon
non-party witnesses with local knowledge (NG 101) and if the partys
witnesses to a transaction are challenged, impose the oath upon a
party to that transaction, albeit not himself a party to the litigation
(NG 18).
51
See, e.g., Sollberger, no. 9:iii 59; Steinkeller, S. 5. See also Steinkeller, Sale . . .,
7580.
52
See Malul, Symbolism . . ., 33742.
53
Roth, Reassessment . . ., l. 8: in-na-ti (he caused him to live).
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54
Following Lafont (S.), Femmes, Droit et Justice . . ., 268. Contra Falkenstein ad
loc., who interpreted this text as the husband refusing to take the oath. But the
oath can only be as to personal knowledge; the husband would not have personal
knowledge of the wifes adultery unless he had caught her in agrante delicto, in
which case an oath would hardly be necessary.
55
See also Ohe, L-inim-ma . . .
56
See Falkenstein, Gerichtsurkunden I . . ., 5458.
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ordeal (d-l-ru-g-) or returning from it (d-l-ru-g-ta). An administrative document records the safe return of two court ladies, one
of them the nurse of Princess Shat-Sin, who acted as substitutes for
the princess (Limet, Textes . . ., no. 37). It has been suggested that a
literary composition contains details of the procedure, namely that
a person sinking (and therefore guilty) was rescued with a mooringpole in order to face punishment.57
4. P S
4.1
Citizenship
57
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4.2
Class
Gender 63
Free women appear to have had full capacity in private lawas litigants, witnesses, property-owners, or contracting parties. In some
documents a wife is found selling land together with her husband
(Steinkeller 29, 88* both of them). Often, however, these women
were widows, who could nd themselves head of household by default.
In Steinkeller S. 3, a husband and wife sold a slave, but subsequently
it was the wife (presumably because she was now a widow) who had
to honor a contingent term in the contract. On the evidence of NG
99, the widow probably relinquished that role on her sons coming
of age but maintained her independence.
4.4
Slavery64
4.4.1 Terminology
The general term for a male slave is arad (/ard).65 A female slave
is gem, but the same term is used in administrative documents to
refer to female workers, not necessarily slaves (equivalent of guru,
able-bodied man). In sale documents, a slave of either sex may
be referred to as sag, a head.
61
Steinkeller, Foresters . . .
Sigrist, Ernun-l; Englund, Fischerei . . ., 29 and n. 103, 16468, 195;
Steinkeller, Foresters . . ., 75, 98; Wu, Un-il2.
63
Falkenstein, Gerichtsurkunden I . . ., 8182.
64
Siegel, Slavery . . .; Falkenstein, Gerichtsurkunden I . . ., 8295.
65
Additional values are r and ir11. See PSD sub arad (forthcoming).
62
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4.4.2 Status
Although slaves were regarded as property that could be sold, hired,
pledged, and inherited, they were accorded some legal standing. If
their freedom was at issue, they could appear before the court and
conduct their own case, calling witnesses (NG 37, 169:216; Sigrist
1) and testifying themselves. They could also conclude a valid marriage (NG 44, 199:III 3'15'; Steinkeller 78). The ospring would
be regarded as legitimate; reference is occasionally made to a slaves
paternity (NG 32, 205:2742daughters) and occasionally a slaves
name bears a patronymic (e.g., in NG 55, where the father is dead
and irrelevant to the transaction; also NG 99). According to LU 5,
if a slave married a free woman (dumu-gi7), the ospring of the
union were free, save for one male child only, selected by the slave.
If, on the other hand, he married a slave, his manumission would
not automatically free his wife (LU 4).66
4.4.3 Creation
War is only mentioned as a source of slavery for public institutions
(NG 190). The most frequently mentioned method of enslavement
was sale of children by their parents. Most are women, evidently
widows, selling a daughter (NG 37, 45, 46, 175:214); in one instance
a mother and grandmother sell a boy (NG 55). Fathers also sell
daughters (NG 37, 204:2133, Steinkeller 81), and both parents sell
a son (NG 53). There are also examples of self-sale (Steinkeller 20,
127). All these cases clearly arose from poverty; it is not stated, however, whether debt was specically at issue. In NG 38, a mother
sold her son but apparently died in the interim, so that the price
was paid to the son himself. Since he remained a slave, the price
was most probably paid out again to the mothers creditor(s). In NG
32, a man received rations for his slavery in the house of the
claimant, with the result that his son born in the claimants house
was also his slavepossibly a case of famine slavery.
Slavery could be imposed as a contractual penalty on a guarantor, to replace a slave whose services were lost (Steinkeller 45, 127).
Finally, the victims of crimes were entitled to enslave or sell as slaves
the family of the culprit (NG 41, 42, 203).67
66
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200
4.4.4
Treatment
Marriage69
Conditions
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Formation
71
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73
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ver to the jilted bride. For the same oence after the groom has
entered his house (for the wedding ceremonies?), LU 15 imposes on
the father-in-law restoration of double the ng-d-a that the groom
brought.75
5.1.2.5 The term ng-d-a is rare, being found elsewhere only in
mythological texts and later lexical lists.76 It is associated with ngm-s-s, a term that is well attested in Ur III administrative documents. Their Akkadian equivalents are, respectively, biblum and teratum,
which in the Old Babylonian period are betrothal payments made
by the groom (Laws of Hammurabi 15961), the latter being principally in silver. In Ur III sources, however, ng-m-s-s is never
silver; rather, it consists of commodities, mainly livestock but also
other foodstus and salt, soap, gold paste and dye, which have been
interpreted as provisions for the wedding feast.77 Wilcke points out
that the quantities in some texts are too large for immediate consumption and must have been intended as a gift to the brides family.78 Nonetheless, the present state of evidence does not allow us to
attribute to ng-m-s-s of Ur III the important legal role as a
betrothal payment that teratum had in the following period.79 At
most it can be said that ng-d-a and ng-m-s-s were expenditures
by the grooms family in favor of the brides family that formed a
basis for damages if the latter failed to honor the betrothal contract.
5.1.2.6 A widow did not require permission to remarry or a formal ceremony, but she might need a contract. According to LU 11,
if a man had sexual intercourse with a widow without a contract in
writing, he was not liable to her for divorce payment. The dual condition for non-liability suggests that a widow could be deemed married by long-term cohabitation, but that consummation would not
be sucient, unless supported by documentary evidence of the parties marital intent.
75
76
77
78
79
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5.1.3 Dissolution
The verb tag4 is used of dissolution of marriage by the husband or
by order of the court (NG 205:25: ba-tag4). The verb also appears
to have been used for the dissolution of betrothal (NG 15, 20, and
possibly 205:6070). If the divorce was without grounds, the husband had to make a divorce payment (ng-dam-tag) in silver. LU
910 stipulate one mina for a rst-time wife and thirty shekels for
a widow; in the court cases, the attested awards are forty shekels
(NG 210) and one mina (NG 4, 205:6070). Where a wife agreed
to settle out of court, probably because there were potential grounds,
she received only ten shekels (NG 20).
The grounds for divorce attested are failure to consummate the
marriage (NG 22; Sigrist 4) and adultery (NG 205:1826).
5.2
Adoption
5.2.1 There are only isolated examples of adoption, but it may lie
behind the family relations in many other texts.80 The examples are
not straightforward cases of adoption of children but special arrangements also found in other periods:
(a) Pension. In NATN 131, a man causes another to enter into his
heirship (6: ibila-na ba-ni-ku4) as part of a strictly commercial
arrangement. The adoptee pays o the adopters debt and contracts to pay him a pension, in return for the adopters estate, of
which he acquires immediate possession.81
(b) Manumission. In NATN 920, a father frees his slave for heirship. Probably the slave was his natural son by a slave concubine,
whom he adopts in the absence of legitimate sons.82
(c) A much discussed text, NG 204:2133, appears to have a debtor
selling his daughter to his creditor and disinheriting his own son
in favor of the latter. Falkenstein proposes that it is rather the creditor who is adopting the disinherited son, but the former scenario
is not unthinkable. In other periods debtors with capital but no
income resort to equally desperate measures.83
80
E.g. JCS 16:78, no. 43, where a man gives his own son a house on condition
of his marrying a certain womana curious arrangement unless it is part of an
adoption bargain.
81
Wilcke, Care of the Elderly . . ., 5455; cf. NATN 149, ibid.
82
Wilcke, Care of the Elderly . . ., 5354.
83
Siegel, Slavery . . ., 1315, who points out that the arrangement takes place
before the vizier; Falkenstein, Gerichtsurkunden I . . ., 110 and commentary ad loc.
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5.2.2 It was possible to take a child for rearing (nam-bulug-) without adopting it, as NG 27 shows.
5.2.3 Adoption by one woman of another as her sister (nam-nin) is attested in NG 211:6165.84
6. P I
6.1
Tenure
84
See Greengus, Old Babylonian . . ., 531, n. 135. In NSG, Falkenstein wrongly
corrected the text to nam-dam!- (marriage).
85
See the documents in Steinkeller, Sale . . .
86
Neumann, Zur privaten Geschftsttigkeit . . ., 16466; Steinkeller, Sale . . .,
12728.
87
Gelb, Steinkeller, Whiting, Earliest Land . . .; Liverani, Lower Mesopotamia . . .;
Steinkeller, Land-Tenure . . .
88
Steinkeller, Land-Tenure . . .
89
See, e.g., Zettler, Ur III Temple . . ., 11632; de Maaijer, Land Tenure . . .
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206
6.2
6.2.1
Inheritance 92
6.2.1.1 On the death of the father, his natural successors were his
sons. The term for heir, ibila, might equally well be translated son
and heir.93 Daughters did not normally inherit a share of the paternal estate, but according to one law code, if the father died leaving
no son, his unmarried daughter should become his ibila.94 In NG
204:3437 two apparently adoptive daughters are called ibila.
6.2.1.2 Two texts state that since the deceased had no ibila, his
estate could pass to the deceaseds brother. In both cases the brother
is explicitly not an ibila and his succession appears to have required
a court order (NG 80, 183:8'20'). It may therefore be that inheritance by brothers or more distant relatives was not automatic.
6.2.1.3 Succession was universal: the heirs inherited the deceaseds
whole estate, including his liabilities as well as his assets (NG 183:8'20').
Assets included claims which the heir could pursue in litigation (NG
90
For these texts, see Steinkeller, Sale . . ., 99100; Lafont (S.), Fief . . ., 53436;
Steinkeller, Money-Lending . . ., 120.
91
Steinkeller, Renting of Fields . . .
92
Falkenstein, Gerichtsurkunden I . . ., 11116.
93
The sign is, in fact, composed of the signs for child (dumu) and male (nita2),
but in some legal documents it is spelled phonetically.
94
LU a9', as attributed by Wilcke, Der Codex Urnamma . . .; Laws of LipitIshtar b according to Roth, Law Collections . . ., 26. See 1.1 and n. 3 above.
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174:618) and the right to redeem a slave from a creditor (NG 28).
Liabilities included a contract to provide services (NG 27).95
6.2.2 Procedure
The heirs inherited the estate jointly and divided it among themselves. They might postpone division of all or part of the inheritance
(NG 7, 108).96
The few sources do not reveal the principles of division, but the
eldest probably received a larger share. In a division of prebends
among six sons, one gets a far larger share (NG 12). A father who
reapportions his estate in unusual circumstances (after his eldest son
had been executed for a false accusation against him!) transfers from
the eldest son to his younger brother the oce of steward (ugula)
of the Inanna temple, together with a house and furniture appurtenant to it, and property (ng-gur11) of the father. Two other
brothers then agree not to contest the division into three parts of
the property of the father. The admittedly ambiguous wording
suggests that after deduction of the oce and its appurtenances, the
residue of estate was divided equally between the three brothers.97
6.2.3 Testamentary Succession
From the above example, it can be seen that a father could arrange
the shares of the heirs to some extent. He could also make a special gift of land or slaves to one son (NG 11, 31, 98, 110). In NG
205:217 the other sons unsuccessfully challenge the gift of a slave,
which had been made before the governor (ensik). Probably most of
these gifts were intended take eect after the donors death, but in
JCS 16:78, no. 43, a groom is given a house in court in connection
with his wedding, apparently by his father.98
6.2.4 Disinheritance is mentioned only in NG 204:2133 (see 5.2.1c
above). From the text, it is not possible to decide whether the father
was exercising a right or acting with the sons agreement.
95
NG 131, where a son agrees to fulll a contract to make a chair, may have
been a voluntary novation.
96
In Sigrist 5, an orchard was left undivided for 10 years, but it may have been
a partnership rather than an inheritance.
97
Roth, Reassessment . . . = Lafont, Les textes judiciaires . . ., no. 9.
98
The missing beginning of the tablet prevents certain identication, but the
giver is not the brides father.
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6.2.5
Female Inheritance
6.2.5.2 Control
During the marriage, the bulk of the dowry was probably in the
husbands control. In NG 195:24'32' a woman defeats her brothers
claim to a slave by showing that her mother had given it to her,
but it is her husband to whom the court awards the slave. In BE
3/1 8 (= Wilcke, Familiengrndung . . ., 24647), the brides father
promises to give my house (which may mean his whole property)
either to the groom or his daughter (the Sumerian forms do not
allow us to decide). In either case, the gift is likely to have been by
way of dowry, which the husband would control. Nonetheless, a wife
controlled some property herself, as she is attested making transactions during the marriage (NG 83, 99).
During widowhood, she certainly had control of her own dowry
and marital gifts and, sometimes, of her husbands estate, either
because he had bequeathed it to her as a marital gift (NG 7) or
because she was acting on behalf of her young children. The for-
99
Cf. a gift (ng-ba) for a princess on her wedding, of unspecied source: BIN
9 438 = Wilcke, Familiengrndung . . ., 284.
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100
Following the interpretation of Wilcke, Care of the Elderly . . ., 48. (Same
text edited by Sollberger in AOAT 25, 44041.)
101
E.g., at Emar a penalty clause in the husbands will dispossessed his widow
if she went after a stranger (sararu).
102
Widows Rights . . .
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7.1
Sale103
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107
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7.1.4 Breach
Although the documents describe an executed contract, there remained
various contingencies for which a party could be liable under an
express contractual term, secured by a promissory oath. If someone with better title claimed the property, the seller was obliged to
provide a substitute (Steinkeller 26, 36a, 94**:1216). For this purpose, the seller frequently had a guarantor; in Steinkeller 127, it is
the guarantor herself who agrees to substitute as a slave. In another
contingency, delinquency by the purchased slave, the sellers agree
to become slaves themselves (Steinkeller 45). Note, however, that
Steinkeller 94**:811 excludes the sellers liability for the death or
disappearance of the slave. Finally, the oath binds the seller (and
possibly also the buyer) not to deny the contract in the future.110
Where a seller repossessed his slave, he was condemned to refund
the price plus three years hire (NG 204:213).
7.2
Loan111
110
111
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112
Ibid., 8384.
Lutzmann, without much conviction, speculates on the publicity value of the
oath (ibid., 1617).
114
= Lutzmann, Schuldurkunden . . ., 104; see Steinkeller, Money-Lending . . .,
12324.
115
See Lutzmann, Schuldurkunden . . ., 5152.
116
See ibid., 3132.
113
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7.2.4 Repayment
About half the documents have repayment clauses. Agricultural loans
were payable after the harvest or at the threshing oor; commercial loans after the trading journey (kaskal). Other terms included
payment on notice (ki-lu-ti-im-ba).117 Some relief from payment could
apparently be expected if natural disaster had destroyed the farmers
crops (cf. Laws of Hammurabi 48), as we learn from an exclusion
clause in temple loans: He (debtor) shall not say to the king or
priest My eld is ooded; my eld is destroyed by a storm (NRVN
179, 180; TuM n.F. 1/2 69).
Upon repayment, the creditor had to return the debt tablet to the
debtor.118
7.2.5 Penalties
A contractual penalty for default was to pay in barley a loan given
in silver or some other commodity (NATN 72, 102, 266). Eectively,
this raised the interest from 25 percent to 40 percent.119 A harsher
penalty was double the loan (e.g., BE 3/1 13); possibly it applied to
more extreme situations, like loans already in arrears (cf. NATN
493).120 Even harsher were the penalties of being declared a criminal (er7-da: AUCT 2 138), of imprisonment (en-nu: MVN 18 181,
505) or even of death (gaz).121 Such penalties were normally secured
by a separate oath. A promise by the debtor to provide his son as
a slave on default is more likely to have been a penalty than a
hypothecary pledge.122
7.2.6 Special Terms
Two contracts have a term excluding recourse by the debtor to litigation or appeal to the grand vizier (MVN 2 1; NATN 322/334).
The second is certainly a commercial loan; it may therefore have
been an arrangement among merchants. In NATN 368, the debtor
swears not to leave town without paying his debt.
117
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7.3
215
Pledge123
Suretyship127
123
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129
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Hire
Land131
LU e4 xes the unit price for house rental.
7.6.1.2 Arable land was leased by the great institutions or by private prebend holders (uku land) for cultivation (apin-l/uru4-e-d).
The tenant paid in advance a small sum of silver or barley, called
m. In this context, the term has been identied as an irrigation
tax, which was intended to cover work on the eld by the government and which the landowner passed on to the appropriate oce.132
The rent, where stated, amounted to a one-half or one-third share
of the crop (Fish Rylands 40: explicitly for one third). The term is
occasionally stated as three years (Fish Rylands 40), in one case for
a development lease (TuM n.F. 1/2 255+257 = Waetzold WO 9,
201f.). Otherwise it is likely to have been annual.
130
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7.6.1.3 A special oath by the tenant to cultivate the land is sometimes recorded (e.g., TuM n.F. 1/2 250 = Steinkeller, Ur III . . .,
no. 16). LU a6 imposes a xed penalty per acre on a tenant who
fails to cultivate the land in the year of the lease. Another special
term, if correctly interpreted, is an oath by the lessor not to pledge
his eld, on pain of paying the lessee double the rent.133
7.6.1.4 A complication is that many of the leases, which contain
no information as to term or rent, were in fact antichretic pledges,
the creditor being the tenant in theory but the lessor actually continuing to farm the land.134
7.6.2 Persons
LU d14 set the fees a doctor may charge for various (successful)
treatments. LU d57 set the monthly and piece-work wages of a
female weaver. Although she is called gem, a free person may have
been meant in this context (see 4.4.1 above). Free persons were hired
out by sub-contractors, for a xed period or for the harvest (e.g.,
NATN 98; YOS 4 23, 30), or could hire themselves out (e.g., NRVN
27). Slaves were hired out by their owners: judgments impose the
payment of a slaves hire for services lost (see 7.1.4 above: NG
189:1117, 204:213, and cf. NG 177:216). Payment was in advance;
in NATN 882, a sub-contractor is paid in wool to provide fteen
hired laborers for the harvest. A daily penalty was imposed by the
contracts for failure to deliver or for absenteeism.
7.6.3 Movables
LU a8' sets bi-annual rates for hiring oxen, which varies according
to whether they are the back, or the front or middle, of the plough
team.135 NG 209:6073 mentions oxen hired by the day. In NG 62,
a hired boat sank, but its wreck was recovered and returned to the
owner. He denied the contract altogether, possibly because he might
have been liable for loss of the hirers goods (e.g., if the boat had
not been sound).136
133
134
135
136
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7.7
219
Oath
Homicide
Injury
Sexual Oences
137
Falkenstein, Gerichtsurkunden I . . ., 12933; Neumann, Gerechtigkeit . . .; Wilcke,
Diebe . . .
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220
The term for thief (l-im-zu) also covers other oenses of dishonesty, such as fraud and perjury.
8.4.1 Theft was punishable either with servitude to the victim (NG
203:16, and 2122) or with a payment (zz-da),138 often a multiple
of the thing stolen (NG 186: 1'15': tenfold; MVN 3 219 = Steinkeller
S. 1: fourfold). Servitude may have been the alternative where the
culprit was unable to pay the penalty.139 Where the thief was a slave,
the owner had noxal liability, that is, to transfer the slave to the victim (NG 126).
Fraudulent sale of a slave whom the seller had already sold to
another was treated as theft (NG 69). Embezzlement of sh destined
for the palace was visited with almost a fourteenfold penalty (NG
189:110). Embezzlement by a priest of sacricial oerings was punishable with death.140
The innocent purchaser of stolen goods might be liable to the
same punitive payments as the thief (in the latters absence), but
could recoup his expenditure from the seller.141
8.4.2 Robbery (sa-gaz), unlike other crimes, appears to have attracted
police action by the public authorities.142 Nonetheless, an individual
swore an oath to the court that he would bring the real culprit by
138
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Prison
143
SNATBM 210 (= Sollberger, Documents . . ., no. 10). He need not have
been accused of the crime himself; he may have been a shepherd contractually
liable for losses by robbers.
144
Roth, Reassessment . . . = Lafont, Les textes judiciaires . . ., no. 9; Petschow,
Talion . . .
145
MVN 18 181, 286; MVN 20 207. See Wilcke, Kodex Urnamma . . ., 311,
n. 82; Frymer, Nungal Hymn . . .
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Sigla of text publications are as in the Chicago Assyrian Dictionary or the Philadelphia
Sumerian Dictionary, except as follows:
JCS 16, 78
NATN
NG
NRVN
Sigrist
SNATBM
Steinkeller
ZA 53
B
Englund, R. Administrative Timekeeping in Ancient Mesopotamia, JESHO 31
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Falkenstein, A. Die neusumerischen Gerichtsurkunden. Abhandlungen der Bayerische
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Akademie, 1956.
Finkelstein, J. The Laws of Ur-Nammu, JCS 22 (1969) 6682.
Frayne, D. On the Home of the SI.A.a Archive, N.A.B.U. 1997/76.
. The Royal Inscriptions of Mesopotamia, Early Periods. Vol 3/2: Ur III Period. Toronto:
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. The Zagros Campaigns of ulgi and Amar-Suena. In Nuzi at Seventy-Five,
ed. D. Owen and G. Wilhelm. SCCNH 10. Bethesda, Md.: CDL Press, 1999,
141201.
Frymer, T. The Nungal Hymn and the Ekur Prison, JESHO 20 (1977) 7889.
Gelb, I.J. The Ancient Mesopotamian Ration System, JNES 24 (1965) 23043.
. The arua Institution, RA 66 (1972) 132.
. Household and Family in Early Mesopotamia. In State and Temple Economy
in the Ancient Near East, ed. E. Lipinski. OLA 5. Leuven: Departement Orintalistiek,
1979, 197.
., P. Steinkeller, and R. Whiting. Earliest Land Tenure Systems in the Near East.
OIP 104. Chicago: Oriental Institute, 1991.
Goetze, A. akkanakkus of the Ur III empire, JCS 17 (1963) 131.
Greengus, S. The Old Babylonian Marriage Contract, JAOS 89 (1969) 50532.
. Bridewealth in Sumerian Sources, HUCA 61 (1990) 2587.
Hallo, W. A Sumerian Amphictyony, JCS 14 (1960) 88114.
Heimpel, W. Plow Animal Inspection Records from Ur III Girsu and Umma.
Bulletin of Sumerian Agriculture 8, Cambridge, 1995, 71171.
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. Conscation of Private Properties in the Ur III Period: A Study of -dulla and ng-GA, ASJ 18 (1996) 10368.
. The Governors Family and the Temple Households in Ur III Girsu. In
Houses and Households in Ancient Mesopotamia, ed. K.R. Veenhof. CRRAI 40. Leiden:
Nederlands Historisch-Archaeologisch Instituut te Istanbul, 1996, 17179.
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60102.
Malul, M. The bukannum-ClauseRelinquishment of Rights by Previous Right
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Michalowski, P. The Royal Correspondance of Ur. Ph.D. diss., Yale University,
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. Durum and Uruk during the Ur III period, Mesopotamia 12 (1977) 8396.
. Foreign Tribute to Sumer during the Ur III Period, ZA 68 (1978) 3449.
. Royal Women of the Ur III Period, ASJ 4 (1982) 12939.
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Scholars Press, 1993.
Neumann, H. Bemerkungen zu Ehe, Konkubinat und Bigamie in neusumerischer
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EBLA
Amalia Catagnoti
Tell Mardikh (about 60 km south of Aleppo, Syria) is the site of
ancient Ebla, excavated from 1964 by P. Matthiae.1 The remains
date from the Chalcolithic period to the last part of the Middle
Bronze Age.
1. S L
1.1 More than three thousand cuneiform tablets have been recovered from archives within the main excavated building, Palace G,2
which was the residence of the local ruler and his wife. They are
usually dated to the second half of the twenty-fourth century.
1.2 The royal archives are mainly administrative in nature,3 but
they also contain ocial acts dealing with the royal and elite families, in particular decrees (en-ma), verdicts (di-ku5) and international treaties.4 Lexical lists, chancery documents, and literary texts
were also stored in the main archive, L. 2769. Bilingual lexical lists
(VE), not always in the Mesopotamian tradition, help to explain the
legal terminology. The local language (written with extensive use of
logograms from the Mesopotamian tradition) appears to be a Syrian
variant of Archaic Semitic.5
Matthiae, Ebla . . .
Archi, The Archives of Ebla, and Gli archivi di Ebla . . .
3
Archi, About the Organization . . ., Ebla: La formazione di uno stato . . .,
Fifteen Years of Studies . . ., and Trade and Administrative Practice . . .; Pettinato,
La citt sepolta; Bonechi, Lexique . . .
4
Archi, Ebla du III millnaire . . .
5
Fronzaroli, La lingua . . .
2
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2. C A L
6
7
8
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2.7 As in the case of the other Syrian kingdoms, several (more than
40) Eblaite elders, bba, are mentioned.14 Foreign kings traveled
accompanied by their elders. The Eblaite palace guarantees foodstu
rations to the local elders. The elders may have acted as royal advisers, being representatives of groups sharing interests with the royal
family.
3. L
3.1 The administrative texts document at least fourteen judges,
di-ku5.15 Frequently they appear in pairs and are among the lugals.
In the few di-ku5 texts, however, which may be classied as verdicts,
the one who judges is the king. (In ARET XIII 12, Ib-r-um seems
to act as judge in a dispute between a high ranking person from
Ebla and the village of Muru.) We know virtually nothing about
when, where and how the di-ku5 judges exercised their oce.
3.2 di-ku5 texts16 are 75.1430, 75.1452 and 75.1632 (unpublished).
In all of these verdicts, the formula di-ku5 PN, verdict for PN,
occurs in connection with rural property (ki), the PN always refering to a member of Ib-r-ums family (A-r-da-mu, -ti, Gi-r). (They
will be discussed under 6 below, together with ARET XIII 7.)
4. P S
4.1 While only the lexical lists mention the commoner (ma-enkak = mukayyinum, VE 1306), men and women dependent on someone else, irrespective of their own status, activity or personal wealth,
occur as ir11, servant (Eblaitic equivalent unknown, possibly 'abdum),
and gme, female servant (Eblaitic equivalent unknown). These
two terms refer to domestic servants and workers of various origins,
probably including prisoners of war.17 Cases of sacred manumission
14
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The texts continue with rituals at Ebla prior to the queens entry
into the Temple of Kura (probably the dynastic god) and during the
ceremonies at that temple. Then there are the preparations, near
Ebla, of the royal procession for the journey to a place called Bina,
the description of the journey and of the rituals en route, the rituals at Bina, and lastly the return of the royal couple to Ebla, where
further rituals were performed. The texts end with a list of gifts
received at the time of the wedding of the queen.
5.2 Several interdynastic marriages (preceded by negotiations and
exchange of gifts, as in the case of local weddings of members of
the Eblaite court) are recorded.23 Eblaite princesses married kings of
Syria (Lumnn, Burmn, arrn) and Mesopotamia (Nagar, Ki,
but not Mari). In the case of Nagar, the bride received from her
22
23
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24
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31
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ble yoke), and the other is a longer en-ma-decree (ARET XIII 8).
Both deal with two matters: (a) the donation by Yirkab-damu to Tia-Li-im of lands (ki-ki) bought (ng-sa10) at r-p ki and G-ra-bal ki, not
far from Emar (XIII 7 [12] // 8 [14]); (b) dispositions concerning
persons (na-se11-na-se11) under Ti-a-Li-ims control (XIII 7 [34] //
8 [58]), including their sustenance and the safety and freedom of
movement of merchants (l-kar) traveling in the areas under Yirkabdamus and Ti-a-Li-ims control (XIII 7 [56] // 8 [911]). The
verdict adds a summarizing clause (ARET XIII 7 [7]): therefore:
the king has given the land, (and) Ti-a-Li-ims people have been
moved by the king.
6.5 Some accounts (id) are inventories of movable property, and
frequent among them are those dealing with royal goods. One account,
75.2304 lists the movable property of the house () of the queen of
Emar, Ti-a-Li-im.39
7. C
7.1 Information about the current prices may be gleaned from the
administrative records, where ng-sa10, price; (to) purchase (= garyatum in VE 67) occurs hundreds of times, in reference to all sort of
goods.40
7.2 Some thirty passages in administrative texts show the use of
the Eblaitic term for interest-bearing loan, e-SAGxA-mul and
var. (untranslated in VE 674), probably a graphic variant of eU.A-mul = ubullum (VE 673).41 The beginning of ARET VII 82
suggests very high interest: one EN-sa-gi-su had received from the
palace, for two years, 380 g-bar measures of barley (corresponding
to 3,10 minas of silver), and the palace received (mu-ti) 500 g-bar
of barley as repayment of the entire amount of barley lent (in ee), which bore interest (e-SAGxA-mul). The contract 76.749 and
the administrative text 75.1919 refer to an interest-bearing loan of
39
40
41
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42
Interestingly, sag (certainly = rum, as in Akkadian: CAD R, 288) is the term
used for original amount, capital.
43
For an edition, see Edzard, Der Vertrag . . .
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a payment in textiles by the paramour. Sexual violation of an unmarried girl is dealt with more leniently, apparently involving marriage.
8.1.5 Some cases dealt with in the treaty occur in other chancery
texts. For instance, ARET XIII 14:6366 deal with blasphemy (a
prostitute who curses the god Hadda), extradition, and probably the
death penalty. ARET XIII 12 (56) shows that the term for ransom (ng-du8) also indicated payment of a penalty in case of infringement of an oath.
A
ARET
ARET IX
ARET XI
ARET XIII
B
Archi, A. About the Organization of the Eblaite State, Studi Eblaiti 5 (1982)
20120.
. Wovon lebte man in Ebla? In Vortrge gehalten auf der 28. Rencontre assyriologique internationale in Wien, 6.10. Juli 1981, ed. H. Hirsch and H. Hunger. AfO
Beiheft 19. Horn, Austria: F. Berger, 1982, 17388.
. The Archives of Ebla. In Cuneiform Archives and Libraries, ed. K.R. Veenhof.
CRRAI 30. Leiden: Brill, 1986, 7386.
. Ebla du III millnaire: Institutions et documents juridiques, Studia et documenta historiae et iuris 52 (1986) 286301.
. Berechnungen von Zuwendungen an Personengruppen in Ebla, AoF 13
(1986) 191205.
. Gifts for a Princess. In Eblaitica: Essays on the Ebla Archives and Eblaite Language,
ed. C.H. Gordon, G.A. Rendsburg, and N.H. Winter. Vol. 1. Winona Lake:
Eisenbrauns, 1987, 15124.
. Les titres de en et lugal Ebla et des cadeaux pour le roi de Kish, MARI
5 (1987) 3752.
, M.G. Biga, and L. Milano, Studies in Eblaite Prosopography. In Eblaite
Personal Names and Semitic Name-Giving, ed. A. Archi. ARES 1. Roma: Missione
Archeologica Italiana in Siria, 1988, 205306.
. Zur Organisation der Arbeit in Ebla. In Wirtschaft und Gesellschaft von Ebla,
ed. H. Waetzoldt & H. Hauptmann. HSAO 2. Heidelberg: Heidelberger
Orientverlag, 1988, 13138.
. Prices, Workers Wages and Maintenance at Ebla, AoF 15 (1988) 2429.
. Ebla. La formazione di uno stato del III millennio a.C., La Parola del Passato
46 (1991) 196219.
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. The City of Ebla and the Organization of its Rural Territory, AoF 19
(1992) 2428.
. Fifteen Years of Studies on Ebla: A Summary, OLZ 88 (1993) 46171.
. Un autre document de Tia-Lim, reine dImr, MARI 7 (1993) 34142.
. Trade and Administrative Practice: The Case of Ebla, AoF 20 (1993) 4358.
. Gli Archivi Reali e lorganizzazione istituzionale e amministrativa protosiriana. In Ebla. Alle origini della civilt urbana, ed. P. Matthiae et al. Milano: Electa,
1995, 11219.
. Gli archivi di Ebla (ca. 24002350 a.C.). In Gli archivi dellOriente Antico, ed.
P. Matthiae. Archivi e Cultura 29. Roma: Centro di ricerca, 1997, 5985.
. Les femmes du roi Irkab-damu. In Mari, bla et les Hourrites: Dix ans de
travaux, ed. J.-M. Durand. Amurru 1. Paris: ERC, 1996, 10124.
. The Lords, lugal-lugal, of Ebla. A Prosopographic Study, VO 12 (2000)
1958.
. The King-Lists from Ebla. In Historiography in the Cuneiform World, ed.
T. Abusch et al. XLV RAI. Bethesda, Md.: CDL Press, 2001, 113.
. Debt in an Archaic Palatial Economy. The Evidence from Ebla. In Debt
and Economic Renewal in the Ancient Near East, ed. M. Hudson and M. Van De
Mieroop. Bethesda, Md.: CDL Press, 2002, 95108.
Biga, M.G. Femmes de la famille royale dEbla. In La femme dans le Proche-Orient
antique, ed. J.-M. Durand. CRRAI 33. Paris: ERC, 1987, 4147.
. Frauen in der Wirtschaft von Ebla. In Wirtschaft und Gesellschaft von Ebla,
ed. H. Waetzoldt and H. Hauptmann. HSAO 2. Heidelberg: Heidelberger
Orientverlag, 1988, 15971.
. Donne alla corte di Ebla, La Parola del Passato 46 (1991) 285303.
. I rapporti diplomatici nel Periodo Protosiriano. In Ebla: Alle origini della
civilt urbana, ed. P. Matthiae et al. Milano: Electa, 1995, 14047.
. Enfants et nourrices Ebla, Ktema 22 (1997) 3544.
. The Marriage of Eblaite Princess Tagri-Damu with a Son of Nagars King.
In About Subartu: Studies Devoted to Upper Mesopotamia, ed. M. Lebeau. Subartu 4/2.
Turnhout: Brepols, 1998, 1722.
. Wet-Nurses at Ebla: A Prosopographical Study, VO 12 (2000) 5988.
Bonechi, M. Lexique et idologie royale lpoque proto-syrienne, MARI 8 (1997)
477535.
. On the Beginning of the Ebla Royal Rituals (ARET XI), N.A.B.U. 2001/27.
. The Dynastic Past of the Ebla Rulers, UF (forthcoming).
. Studies on the Architectonic and Topographic Terms in the Ebla Texts,
II, RA (forthcoming).
Catagnoti, A. Les serments nam-ku5 Ebla. In Jurer et maudire, ed. S. Lafont.
Mditerranes 1011. Paris: LHarmattan, 1997, 4955.
. Sul lessico dei giuramenti a Ebla: nam-ku5. In Miscellanea Eblaitica 4, ed.
P. Fronzaroli. QuSem 19. Firenze: Dipartimento di linguistica, Universit di
Firenze, 1997, 11137.
Dietrich, M. Besitz der Tia-Lim. Zuwendugen des Knig von Ebla und die
Knigin von Emar, UF 25 (1994) 9398.
Edzard, D. Der Text TM.75.G.1444 aus Ebla, Studi Eblaiti 4 (1981) 3659.
. Der Vertrag von Ebla mit A-bar-QA. In Literature and Literary Language at
Ebla, ed. P. Fronzaroli. QuSem 18. Firenze: Dipartimento di Linguistica, Universit
di Firenze, 1992, 187217.
Fronzaroli, P. Un atto reale di donazione dagli Archivi di Ebla (TM.75.G.1766),
Studi Eblaiti 1 (1979) 316.
. Un verdetto reale dagli Archivi di Ebla (TM.75.G.1452), Studi Eblaiti 3
(1980) 3352.
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241
INTERNATIONAL LAW
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1.3 The archives from Ebla contain three types of texts relevant
to our subject: administrative texts recording expenses and gifts for
treaty ceremonies (nam-ku5 or kittum) between rulers, ocials and
other elites of Syrian city-states;6 the text of an actual treaty between
Ebla and Abarsal7 with over forty provisions and perhaps an excerpt
from a treaty with Armi on a school tablet;8 and a letter and a
dossier from rulers referring to international claims and obligations.9
1.4 The Sargonic period furnishes a treaty between Naramsin of
Akkade (ca. 2250) and an Elamite ruler, preserved in an Elamite
version from Susa.10
1.5 Despite scores of thousands of documents from the Third
Dynasty of Ur, none bears directly on our subject.
2. T I S
2.1 Seal impressions and lexical lists from Uruk, Jemdet Nasr and
Ur ca. 31002800 point to what could be either a centrally controlled state encompassing the major cities of southern and central
Babylonia or a loose confederation of relatively independent cities
and smaller states.11
2.2 From perhaps just before 2600, inscriptions of Mesalim (Mesilim),
king of the north Babylonian center Kish, attest to his hegemony
over the southern cities of Adab and Girsu. Later use of the title
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12
SARI Ki 3; ABW Mes. v. Ki; RIM E1.8.1. The inscriptions record building,
ritual, or dedicatory activity and in each case mention the name of a local ruler
or governor. Later tradition records that Mesalim marked o the boundary between
Lagash and Umma (Cooper, Reconstructing History . . ., 22; Bauer, in Bauer et al.,
Mesopotamien . . ., 446). The right to set boundaries between cities territories was
traditionally exercised by a strong hegemonic ruler, e.g. Sharkalisharri of Akkade
(Volk, Puzur-Mama . . .), Utuhegal of Uruk (RIM E2.13.6; cf. RIM E3/2 p. 10),
and Urnammu of Ur (RIM E3/2.1.1.21).
13
See Krebernik in Bauer et al., Mesopotamien . . .
14
Pomponio and Visicato, Tablets of uruppak . . ., 10.; Visicato, Bureaucracy . . .,
144f.; Krebernik in Bauer et al., Mesopotamien . . ., 242.
15
ABW; RIM E1; SARI (English translations only).
16
Cooper, Reconstructing History . . ., 9; cf. Pomponio, Re di Uruk . . .
17
Archi, Nagar . . .
18
See, most recently, Westenholz in Sallaberger and Westenholz, Mesopotamien . . .,
90.
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19
The royal inscriptions are in AAK and RIM E2. For the period in general,
see Westenholz in Sallaberger and Westenholz, Mesopotamien . . .
20
See the extensive presentation by Sallaberger in Sallaberger and Westenholz,
Mesopotamien . . .
21
SARI La 5.3; ABW Ent. 4573; RIM E1.9.5.3. For the historical context, see
Cooper, Reconstructing History . . ., 31f., and Frayne, RIM E1 173.
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22
Michalowski, Letters . . ., no. 2. Brother also appears in the dossier regarding
relations between Ebla, Hadu, and Mari (Pettinato, Ebla, 241.). In the treaty
between Ebla and Abarsal, however, brother seems to denote coconspirators in
a potential rebellion (Edzard, Vertrag . . ., 19).
23
Charpin, Reprsentants . . ., 144.
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3.4.1.1 The Abarsal treaty introduction lists cities under Eblas control, stressing that those are indeed controlled by Ebla, whereas the
cities controlled by Abarsalnot listed by nameare indeed controlled by Abarsal. This probably represents an adjustment of the
border of the territories controlled by the two city-states in Eblas
favor.
3.4.1.2 The Stela of the Vultures commences with a lengthy history of the border dispute between Lagash and Umma, the settlement of which, in Lagashs favor, is commemorated by the stela.25
3.4.1.3 The Naramsin treaty is introduced with an invocation of
the gods by whom the two parties swear. The statement that the
kings swear by the gods is repeated six times at intervals throughout the text.
3.4.2 Whereas territorial adjustments are only implied in the introduction to the Abarsal treaty, the redrawing of the border with
Umma in Lagashs favor (or restoration to Lagash of land wrongly
seized by Umma) constitutes the major stipulation of the agreement
attested to on the Stela of the Vultures, with the provision that
Umma may lease back some of the land for agricultural use.26 The
listing of each tract of contested land by name is reminiscent of the
listing of cities under Eblas authority in the Abarsal treaty.
3.4.3 Both the Abarsal and Naramsin treaties obligate the pledging party to refuse aid to the enemies of the other party. The Elamite
king swears that Naramsins enemies are his enemies, and Naramsins
friends his friends.
3.4.3.1 The Abarsal treaty specically obligates Abarsal to denounce
any conspiracy against the ruler of Ebla.
25
The Enna-Dagan letter from Mari found at Ebla (Michalowski, Letters, no. 3)
may possibly represent a draft, from the Mari side, for a historical introduction to
a treaty with Ebla. At Lagash, such histories of relations with Umma are found in
other contexts as well (see Cooper, Reconstructing History . . ., esp. chap. 5). For a possible source of such retrospectives, see the long Ebla text (TM 75.2561) documenting
a conict between Mari and Ebla over rights to the allegiance and revenues of Adu
(Pettinato, Ebla, 241.; Dercksen, Ebla . . ., 441.).
26
See Cooper, Reconstructing History . . ., and the very dierent interpretation of
Steiner, Grenzvertrag . . .
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3.4.3.2 The Naramsin treaty also requires that the Elamite ruler
support Naramsin and his allies militarily.
3.4.4 Both treaties forbid the harboring of fugitives and, in the
Abarsal treaty, specically a person from Abarsal who has become
the slave of an Eblaite.
3.4.5 Both treaties provide for the proper reception of diplomatic
envoys. The Abarsal treaty is concerned with their maintenance, the
Naramsin treaty that they not be detained. The Abarsal treaty also
restricts the right of the ruler of Abarsal to send envoys.
3.4.6 The Abarsal treaty regulates capital crimes such as lse-majest
and blasphemy, lesser oenses committed by citizens of Ebla against
citizens of Abarsal and vice-versa, as well as damage to animals or
property. The provisions seem to be mutual in such cases, as are
those for the return of lost property or animals.
3.4.7 The Abarsal treaty seems also to restrict the (military?/commercial?) movement of the ruler of Abarsal without the permission
of Ebla, and to restrict Abarsals exports. The ruler of Abarsal even
seems restricted regarding the booty he can retrieve from corpses in
battle.
3.4.8 The citizens of Abarsal are required to quarter Eblaites in
their homes on request, but provision is made for compensation
should the Eblaite guest commit theft or sexual oenses.
3.4.9 The ruler of Abarsal is obligated to make oerings to the
gods of Ebla as well as to his own. The Elamite ruler in the Naramsin
treaty promises to establish a cult for Naramsins statue.
3.5 The treaties envisage no remedy for breach beyond the intervention of the gods invoked therein. In reality, the remedy employed
was self-help, namely, threatened or actual military action.27 Because
27
The centuries-long Lagash-Umma boundary dispute is the best example of the
use of ultimatums, military force, and (when the two city-states were under the
authority of a hegemonic overlord) arbitration to counter perceived breaches of border agreements, many of which must have been marked by treaties such as the
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249
one attested by the Stela of the Vultures. See Cooper, Reconstructing History . . .;
Pettinato, Il conitto . . .
28
The issue of citizenship is also taken up in the texts discussed by Pettinato
and DAgostino, Proposta . . ., with earlier bibliography.
29
See the texts discussed in ibid. for land granted by the king of Ebla to the
queen of Emar.
30
See, e.g., Biga, Rapporti diplomatici . . . and Steiner, L . . . For the sparse
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250
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B
Archi, A. The Regional State of Nagar according to the Texts of Ebla. In About
Subartu: Studies Devoted to Upper Mesopotamia. Vol. 2: Culture, Society, Image, ed.
M. Lebeau. Subartu 4. Turnhout: Brepols, 1998, 115.
Bauer, J., R. Englund, and M. Krebernik. Mesopotamien. Spturuk-Zeit und Frhdynastiche
Zeit, by J. Bauer, OBO 160/1. Freiburg and Gttingen: Universittsverlag and
Vandenhoeck and Ruprecht, 1998.
Biga, M. I rapporti diplomatici nel Periodo Protosiriano. In Ebla: Alle origini della
civilt urbana, ed. P. Matthiae et al. Milan: Electa, 1995, 140.
. The Marriage of Eblaite Princess Tagri-Damu with a Son of Nagars King.
In About Subartu: Studies Devoted to Upper Mesopotamia. Vol. 2: Culture, Society, Image,
ed. M. Lebeau. Subartu 4. Turnhout: Brepols, 1998, 1722.
Catagnoti, A. Les serments nam-ku5 Ebla. In Jurer et maudire, ed. S. Lafont.
Mditerranes 1011. Paris: LHarmattan, 1997, 4955.
. Sul lessico dei giuramenti a Ebla: nam-ku5. In Miscellanea Eblaitica 4, ed.
P. Fronzaroli. QuSem 19. Firenze: Dipartimento di linguistica, Universit di
Firenze, 1997, 11137.
Charpin, D. Les reprsentants de Mari Iln-Sur. In Archives pistolaires de Mari
1/2, ed. D. Charpin et al. ARM 26/2. Paris: ERC, 1988, 31137.
Cooper, J. Reconstructing History from Ancient Inscriptions: The Lagash-Umma Border Conict.
Sources from the Ancient Near East 2/1. Malibu: Undena, 1983.
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251
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253
PART TWO
SECOND MILLENNIUM
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EGYPT
Law Codes
On the basis of such citations, some scholars argue for detailed law
codes in ancient Egypt, but this remains a disputed point.4
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Other possibly signicant mentions of laws appear in documentary and literary texts. P. Kahun 22 (ll. 23) refers, for example, to the law of Upper Egypt,5 while in the literary composition
of Merikare (E42), the king is admonished: Make great your great
ones so that they carry out your laws.6
1.2
Royal Inscriptions
Few royal inscriptions of this period have legal import. The Old
Kingdom exemption decrees have no parallel in the Middle Kingdom. Two royal decrees concerning laborers are incorporated into
P. Brooklyn 35.1446.7 The Coptos Decree of Nebkheperre-Intef deals
with the dismissal of a count from his oce, with resulting loss of
ocial income (Thirteenth Dynasty).8 The Tod Inscription of Sesostris
I may mandate burning as a legal punishment.9 The Decree of
Sesostris I permits his vizier to establish a cenotaph.10
1.3
Administrative Orders
The two royal edicts just cited from P. Brooklyn 35.1446 may also
be considered administrative orders.11 Notations in P. Brooklyn 35.1446
record the carrying out of those orders and preserve the conclusions
of almost all the cases mentioned in the document.12
1.4
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2. C A L
2.1
Organs of Government
28
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The Administration
37
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260
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48
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261
but still unresolved cases could end with the vizier in the capitals.59
Even in such instances, the vizier may just remit the case to those
whom he considers the proper ocials.60 In P. Berlin 10470, the
oce of the vizier issues instructions about a transaction dealing with
the labor of a servant woman.61
An ocial, attested already in the Old Kingdom, Great one-ofthe-tens-of-Upper-Egypt, (wr-m m'w) may have assisted the vizier
in legal matters.62
2.1.3.1.2 The ocial, ry-t, he-who-pertains-to-the-thing/matter,
mentioned in the Duties of the Vizier, was present at the sittings in
which the vizier transacted state aairs. He was apparently responsible for the smooth conduct of such sittings,63 ensuring that the
cases were presented without any problems.
2.1.3.1.3 The Elder of the Portal may have had important judiciary functions.64 In Cairo Stela 30770 this ocial is ordered to conduct an investigation at the Temple of Min in Coptos,65 while in
the Stle juridique, an individual holding this position conrms an
oath of assent.66 Among the other ocials charged with performing
legal duties may be mentioned a judge of the workers in the workhouse, attested in the Thirteenth Dynasty.67
2.1.3.2 Provincial Administration
It is not always clear whether a particular oce is to be classied
as belonging to the central or provincial administration. Every signicant town probably had at least one herald or reporter (literally,
repeater, wmw), which Hayes equates with modern town and village clerks.68 These by no means insignicant heralds apparently
59
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received orders directly from the oce of the Vizier. They also
were responsible for ensuring that communications from that oce
reached the proper persons, the desired action was performed, and
the communication was led away.69 The wmw, herald is the next
most powerful administrator after the mayor (3ty-', see 2.1.3.3
below).70 Public records are kept in his archive.71 The case of a temporary labor agreement regarding a servant woman, for example, is
considered in the oce of the Vizier and the Bureau of the Reporter
in Elephantine.72 One of the royal heralds other functions was apparently to summon persons to court. Sinuhe boasts of his good reputation in Egypt: No one had spat in my face. I had not heard a
reproach; my name had not been heard in the mouth of the herald.73
2.1.3.2.1 The vizier sent scribes to the provinces as agents and
observers to ensure that his directives were being followed.74 The
3w ocial was responsible for the material arrangements of a scribe
away from his oce; he may have been attached more to the documents or scribal business than to the person of the scribe.75
2.1.3.2.2 The overseer of elds ociates in the case recorded in
P. Kahun II.1. He may have been involved as a witness and been
in charge of cases dealing with the recovery of debts in grain.76
2.1.3.2.3 Several other possibly signicant epithets or titles are compounded with hp, law. In a text from the time of Sesostris I, a
man calls himself one who knew the procedure of the laws (hp.w)
of inicting punishment in judging (w' ) two men.77 A my-r hp,
overseer of law, is also attested.78 An expedition leader from the
time of Sesostris II describes himself as one who knows the laws,
69
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functions was collecting taxes for the state.91 The state could order
such mayors or town governors to supply men for royal quarrying expeditions in the Wadi Hammamat.92 According to Quirke,
no source attests to an oce of the mayor (*3 n 3ty-' or *s n
3ty-' ). In his view, the mayor oversaw local administration but did
not participate directly in the bureaucracy. As Quirke further remarks,
the town itself operated as an active juridical entity, with its own
bureau and scribe; elds, herds and cattlestalls were r-t in the charge
of the town, rather than its scribe or mayor, according to the terminology of the accounts papyri.93 The mayor of Elephantine is,
however, kept informed of legal matters such as the transaction concerning the servant woman in P. Berlin 10470 (Thirteenth Dynasty).94
2.1.3.3.2 A ry tm3, chief of the mat(?), acts on behalf of the city
in the case recorded in P. Berlin 10470.95 Also mentioned in the texts
are a scribe of the mat (s n tm3) and a court of the mat (33.t
n.t tm3).96 The judge(?), mouth of Hierakonpolis, s3b r3 Nn, which
occurs in legal situations, has been understood as an honoric title.97
2.1.4 Courts
The Old Kingdom institution of the six great houses continues
into the Middle Kingdom. The titles overseer of the six law courts98
and foremost of the Six Great Ones99 are still employed well into
the Hyksos period, being associated especially with the viziers.100
The djadjat remains important in the Middle Kingdom, but by the
later Twelfth Dynasty the qnb.t may have assumed the functions of
the older 33.t.101
Situation . . ., 87; Van den Boorn, Vizier . . ., 243; Quirke, Administration . . ., 161, 167;
Thodorids, Sixime . . ., 440, 449.
91
Trigger et al., Social History . . ., 11011.
92
Ibid., 111.
93
Quirke, Administration . . ., 167.
94
Vittmann, Hieratic Texts, 39 (with further references). Van den Boorn,
Vizier . . ., 255.
95
Vittmann, Hieratic Texts, 36.
96
Van den Boorn, Vizier . . ., 268. See also Ward, Essay . . ., 125.
97
Ryholt, Political Situation . . ., 236; Franke, Ursprung . . ., 20917; Simpson,
Reisner Papyri, vol. 2, 42.
98
Sometimes so translated; see Fischer, Egyptian Titles . . ., 4.
99
Fischer, Egyptian Titles . . ., 19. See also Ward, Titles . . ., 34.
100
Hayes, Papyrus . . ., 142.
101
Ibid., 140. See also Quirke, Administration . . ., 5455; Allam, Quenebete . . .;
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ocer, the vizier supervised the police ocials charged with maintaining public order: It is he who appoints the overseer of police.111
Among the ocials responsible for border security was the judicial (s3b) border ocial of all deserts(?).112
2.1.4.4 Imprisonment in the sense of our jails or prisons does
not gure very prominently in the sources. P. Brooklyn 35.1446 provides for life imprisonment for those who desert their work in a nr.t,
a term often rendered prison.113 P. Kahun XII.1, 21 records the
turning over of a runaway slave to the nr.t n sm, rendered by
Grith as the prison of trial.114 This institution also appears in
the literary texts. In the Westcar Papyrus, for example, Khufu commands that a prisoner (from the nr.t) be executed.115
There is little evidence for amnesty in Middle Kingdom Egypt.116
2.2
Functions
2.2.1 Corve
Corve labor was essential for state projects. Men are designated
sb.w counted, and were dispatched to work, for example, in quarries or in transporting stones.117 Organized into labor batallions (sw),
under the authority of leaders (pr.w) and scribes and commanders (s.w), such workers could labor for a period of months.118
Another prominent, but obscure term for a type of corve worker
is mny.w.119
2.2.2 Military
In the Middle Kingdom are the rst indications for a military supported by land grants.120
111
Ibid., 250.
Fischer, Egyptian Titles . . ., 32. See also Quirke, Administration . . ., 22.
113
Hayes, Papyrus . . ., 53, 137, and 142; Quirke, Regular Titles . . ., 111, 115.
See further Franke, Beititel . . ., 18; Van den Boorn, Vizier . . ., 127 and 136;
Ward, Titles . . ., and Essay . . ., 7880.
114
Hayes, Papyrus . . ., 38; Van den Boorn, Vizier . . ., 142.
115
Lichtheim, AEL 1, 219.
116
Thodorids, LAmnistie.
117
Helck, Frondienst, cols. 33334. See Hafemann, Arbeitspicht im alten
gypten. II.
118
P. Reisner 1 is especially informative concerning the provisioning of drafted
laborers.
119
Helck, Frondienst, col. 333.
120
Helck, Militr, col. 130.
112
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3. L
3.1
Parties
Procedure
121
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3.3
Evidence129
3.3.1 Witnesses
Witnesses play an important role in Middle Kingdom legal documents. Both male and female witnesses are attested. Most witnesses
are priests or scribes. In the contracts of Djefa-Hapi, witnesses are
lacking,130 but this is probably because these stone tomb inscriptions
are excerpts from a papyrus original.131
3.3.2 Documents
Documents132 had legal validity as regards proof of title. The will of
P. Kahun I.1, for example, includes a copy of a document whereby
one brother gives his property to another.133 A title deed could be
used to conrm ones claim on a priestly oce, as in Cairo Stela
30770. For added security a copy might be placed in an archive,
such as the oce of the second Reporter (Herald) of the South.134
Witnesses were naturally an important guarantee of the authenticity
of a document. In some cases, the preserved document may not be
the original legal document, but an incomplete copy prepared for
one of the interested parties.135
3.3.3 Oath
As in other periods oaths are an important legal feature of Middle
Kingdom law. The especially important royal oath or oath-bythe-lord appears rst in the Middle Kingdom.136 In P. Kahun II.1
an oath by the lord is required of both parties regarding their satisfaction with the terms of a sale of an oce and endowment.137 In
P. Kahun I.3, a list of household membersthe entire household
(?)took an oath in the oce of the vizier.138 In P. Berlin 10470,
129
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Citizenship
139
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4.2
Class
The archetypal legal person may have been the male head of a
household. The El-Lahun house census, for example, presumably
148
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drawn up for purposes of inheritance, taxation, or property transfer, begins with the male head of the household.158 Nevertheless,
females probably enjoyed equal rights under the law.159 Indeed, only
the mothers name is often given in Middle Kingdom liations.160
The lesser presence of females as parties of litigation or witnesses is
probably due to social causes and not legal restriction. In general,
women did not hold public oces.161 Ward having eliminated one
possible example of women serving on such judicial councils,162 female
magistrates, sr.w, are not attested for the Middle Kingdom.
4.3.1 Women were able to hold and alienate private property. The
purpose of P. Brooklyn 35.1446, for example, may have been to
establish the right of a woman named Senebtisy to the ownership
of ninety-ve household servants.163 A transfer document giving a
woman property to administer nevertheless contains the statement
by the man: It is the Deputy Geb who will educate my children.164
4.3.2 In P. Brooklyn 35.1446, there is a reference to a married
woman apparently conducting a lawsuit against her own father.165
This papyrus records a gift of property made by a private individual to his second wife (a deed of gift), which has been then disputed
by the daughter of the mans rst wife. This case is heard before a
djadjat court, which conrmed the donors right to transfer the property to his second wife.166
4.3.3 The wife seems to have had an assured interest in the matrimonial property.167 Eyre points out that the will of Wah provides
his widow with a lifetime interest in property which he inherited
158
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from his brother, and this before it goes to their children.168 There
is some indication for a widows guardianship of her young children.169
4.4
4.4.1
Slavery170
168
Ibid.
Franke, Verwandtschaftsbezeichnungen . . ., 269.
170
Helck, Wirtschaftsgeschichte . . ., 163. See also Helck, Sklaven, col. 984; Hayes,
Papyrus . . ., 134.
171
Cf. Bakir, Slavery . . ., 30. See, too, Helck, Wirtschaftsgeschichte . . ., 15455.
172
Loprieno, Slaves, 196.
173
Pestman, Marriage . . ., 85. This is Text verso B of P. Brooklyn 35.1446 (Hayes,
Papyrus . . ., 116), discussed in Thodorids, Rapport . . ., 72.
174
Grith, Kahun . . ., pls. 12 and 13; Helck, Sklaven, col. 984.
175
Quirke, Administration . . ., 168.
176
Bakir, Slavery . . ., 22.
177
Quirke, Administration . . ., 11216. See also Franke, Beititel . . ., 20.
178
Hayes, Papyrus . . ., 13637.
169
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Creation
4.4.3.1 Middle Kingdom documents mention Asiatics, '3m.w, possibly taken in raids.185
4.4.3.2 Egyptians might become virtual slaves, being reduced to the
same status as the Asiatics. In this case they are called royal servants.186 Persons naturally attempted to escape their labor commitments, and so became fugitives. When recaptured, they could be
assigned by the state to private individuals, who might alienate them
as desired.187
179
Johnson, Legal Status . . ., 215. On this list, see also Thodorids, Rapport . . .;
Schneider, Namen . . .
180
Vittmann, Hieratic Texts, 3637. See also Quirke, Administration . . ., 2037.
181
The view of Quirke, quoted in Vittmann, Hieratic Texts, 37.
182
Schenkel, Memphis . . ., 7879.
183
Bakir, Slavery. . . ., 65, 117; Loprieno, Slaves, 200.
184
Vittmann, Hieratic Texts, 35.
185
See Hayes, Papyrus . . ., 133. Cf. also Bakir, Slavery . . ., 65, 82, 110; Helck,
Wirtschaftsgeschichte . . ., 151, 153; Berlev, Social Experiment . . ., 154.
186
Thus Loprieno, Slaves, 198; Helck, Wirtschaftsgeschichte . . ., 153. On '3m.w,
Asiatic, as a term for slave, see Baines, Contextualizing Egyptian Representations . . ., 37576.
187
So Loprieno, Slaves, 19899.
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4.4.4 Treatment
Bakir has suggested that female slaves could be shorn.188 An escaped
slave seems to have been captured and condemned to death in a
court.189 Slaves or servants could be trained in professions, such as
the scribal art.190
4.4.5 Termination
According to one view, P. Berlin 10470 may document emancipation.191 The woman mentioned in that text had belonged to a collective (.t = serfs or tenants?) in Elephantine. Her owners are
transferring the woman to the town. Helck thought that she is to
marry one member of the collective, and therefore must be declared
a citizen (lit., a living-one-of-the-town, 'n.t n.t nw.t), that is,
free, in a rather complicated court case. This view receives little
support from the text itself. There does, however, seem to be a
change in ownership and perhaps status, all occurring due to the
petition of a man. Signicantly, the woman appears to have been
kept informed of every step in the process, even when still a slave
or servant.192
5. F
The legal interconnectedness of families is illustrated by the joint
responsibility of the family for individuals eeing from corve labor.193
5.1
Marriage
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Children202
Such texts as the Hekanakht letters are a primary source for the
status of children in the Middle Kingdom.203 The father probably
retained control of the estate until death. The mother may have
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Adoption
6.1.1 The state owned and administered various types of land (e.g.,
bs.w-land).212 Individual land-owners could apparently lease their
elds to others; P. Hekanakht no. 1 may point to this practice.213
Ethics of the period condemns the unfair eviction of cultivators.
Thus, in Cairo tomb-stele 20512, the speaker declares: There does
not exist one whom I expelled from his plot of land ( ' ).214
204
Parkinson, Voices . . ., 110. On P. Kahun I.1, see also Thodorids, Rapport . . .,
6167, and Vente . . ., 5253.
205
See Thodorids, Rapport . . ., 87, 10405.
206
Allam, Adoption, cols. 6667.
207
Allam, Sinuhes Foreign Wife . . .
208
See, e.g., Thodorids, Rapport . . ., 12627. See also Eyre, Work . . ., 32.
209
Thodorids, Concept of Law . . ., 301.
210
Baer, Letters . . ., 15.
211
See, e.g., Menu, Recherches . . ., 47.
212
Hayes, Papyrus . . ., 137. See also Menu, Quelques . . ., 125, and Recherches . . .,
56.
213
Hekanakht letters 1 and 2, Parkinson, Voices . . ., 10304. See also: Bleiberg,
Ocial Gift . . ., 13. On Hekanakht 1, see also Menu, Recherches . . ., 45. On qdb,
lease(?), see Menu, Recherches . . ., 8194; Kessler, Land . . ., 10910; Goedicke,
Tax-deductions . . ., 7374.
214
Schenkel, Memphis, 94.
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The Khnumhotep tomb inscription attests to an interest in establishing boundaries, which were apparently set down in land registers (d.t). The speaker declares: It has been caused that he should
know his boundary according to the land-register.215
6.1.2 State and Private Ownership
The documents indicate that private individuals could, in some cases,
leave or lease land to whomever they wished, apparently without
recourse to higher authority. The ownership of land was obviously
of great importance to tax ocials because of the land taxes and
the poll tax obligations connected to land ownership. Therefore the
tax registers were maintained regarding the plots, and this is attested
since at least the Middle Kingdom. We have from that time a tax
declaration in the Kahun Papyri.216 Seidl suggests that the tax registers may serve a function later assumed in the Roman period by
the Grundbuch.217
A distinction was legally made between a paternal estate, which
one could bequeath at will, and an ocial estate (lit., a counts
estate), closely associated with the oce and which could not be
bequeathed.218
6.1.3 Special Types of Ownership
Individuals concluded contracts with mortuary priests in order to
guarantee the proper ceremonies and oerings after death.219 There
was a particular concern that the endowment and oce remain undivided into the following generations.220
215
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6.2
Inheritance
221
On the Djefa-Hapi texts, see Thodorids, Contrats . . .; Menu, Quelques . . .,
19697.
222
See Harari, Lchange, 4951; Thodorids,Sixime . . ., 466.
223
Thodorids, Concept of Law . . ., 303. See also Edel, Erbschaftsbestimmungen . . ., 9899. For 3w-tr.t as a term for the transfer of property between living persons, as in Brooklyn 35.1445, Thodorids, Rapport . . ., 76, but see also
comments ibid., 7879, on the delivery of property.
224
Thodorids Sixime . . ., 445.
225
Ibid., 462.
226
Thodorids, Concept of Law . . ., 296, and Vente . . ., 55.
227
Lichtheim, AEL 1, 231.
228
On the will of Kahun VII.1, see Thodorids, Le testament . . .
229
Johnson, Legal Status . . ., 178. See also Eyre, Adoption . . ., 219; JanssenPestman, Boulaq X . . ., 152.
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Wills are not numerous, but there are texts clearly designed to
determine the fate of a persons estate after his decease. In P. Kahun
II.1, for example, a father obviously desires that his aairs should
be in order before his death.230
6.2.3 According to Baer, the Egyptians did not generally entail
estates but divided them successively through the generations.231 Stela
JdE 52456 (Second Intermediate period) may allude to a division of
goods, possibly in connection with the mans wife.232
7. C
In one case, a man (Djefa-Hapi) in his private capacity apparently
concludes a contract with himself in his ocial capacity.233
According to Hayes, in the late Middle Kingdom, at least, the
legality of a transaction may have been conrmed in four distinct
ways:
1. by decision of the sr.w magistrates;
2. by oral statement of the terms and content of the gift made by the
donor before the Herald/Reporter of the Southern City (= Thebes);
3. by a written version of this statement drawn up under the supervision of this same ocial, and deposited in his oce;
4. by the formal sealing of this written statement. This then becomes
a sealed document (tm.t), a contract.234
7.1
Sale
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by a my.t-pr.236 P. Kahun VII.1 shows that such a deed of conveyance could be revoked or annuled (lit., back is to it).237
There are occasional references to sales and purchases.238 Safeguard
clauses (protecting the title) often appear in Middle Kingdom and
later texts.239 The term for title, (3t.t, possessory title to X) is
employed with regard to a servant woman in P. Berlin 10470.240
Kahun 1.2 has also been interpreted as a sale for credit.241
7.2
Loan
Security
The family itself may have been used as security in the case of a
fugitive from justice, in that the family was compelled to perform
corve labor.246
7.4
Hire
The Hekanakht letters remain the best evidence for private leasing in the pre-New Kingdom period.247 It appears that craftsmen
236
See also Parkinson, Voices . . ., 110; Menu, Prt . . ., 6870, and Note . . ., 133.
Translation and commentary in Thodorids, Testament . . ., 41728,
Contrats . . ., 34557, 386, and Proprit . . ., 5862.
238
See, e.g., Schenkel, Memphis, 61, and Wente, Letters . . ., 64.
239
Pestman, Marriage . . ., 132.
240
Vittmann, Hieratic Texts, 37.
241
Thodorids, Vente . . ., 42, 7172. But see also Menu, Recherches . . ., 197,
on Kahun 1.2. Thodorids, Vente . . ., 43, thinks that Kahun I.1 is an act of
cession.
242
Schenkel, Memphis, 59. See also Menu, Prt . . ., 71; Baer, Letters . . ., 10.
243
(So Wb. 1, 250.) See Ray, A Consideration . . . See also Lorton, Legal and
Social Institutions . . ., 353.
244
Ray, A Consideration . . ., 22223. He discusses the possibility of debt imprisonment, attested in Roman times. The term tp, which occurs in this text (lit., head)
may mean capital. See also Menu, Quelques . . ., 11820.
245
Goedicke, Hekanakhte . . ., 75, 77.
246
Allam, Les obligations . . ., 8990. For other possible security arrangements,
see Goedicke, Hekanakhte . . ., 77; Shupak, New Source . . ., 8.
247
Eyre, Peasants . . ., 381. See also Goedicke, Hekanakhte . . ., 31, 39.
237
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and artisans, who often worked for state or private workshops, did
not generally hire out their services.248 According to Helck, one could
rent out animals for prot.249
8. C D
Lorton contrasts New Kingdom penalties with those of the Old
Kingdom and Middle Kingdom.250 According to him, in the Old
Kingdom there was one set of penalties for infringement of temple
exemptions: loss of civic status in life and death, and perhaps assignment to labor in unfree status. He suggests that this was the case
also in the Middle Kingdom. The work on the state lands certainly
had a penal aspect.251 On the basis of such texts as the Instruction
of Merikare, Lorton proposes that beating was a standard penalty
of the Middle Kingdom.252 Lorton doubts that a son would inherit
the oce of his father, if the latter has been deprived of his oce.253
8.1
Theft
The Hekanakht letters may indicate that the thief might be compelled
to make restitution for twice the stolen amount.254 The dishonest
ocial in the Eloquent Peasant is punished by having his possessions conscated and presented to the peasant.255 The Illahun papyri
contain lists of stolen objects.256 Nubian grati (Twelfth Dynasty)
may refer to the death penalty for the violation of tombs.257 The
penalty for trespassing on a restricted area of the Abydos cemetery
in the First Intermediate period or the Twelfth Dynasty was branding (?),258 possibly in conjunction with a reduction to unfree status.
248
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8.2
Treason
Death may have been the penalty for treason. At any rate, it is
declared in a funerary stela: There is no tomb for one who commits
a crime against (sb r) his majesty, his corpse being thrown into the
river.259
It was also, not surprisingly, a crime to harbor state enemies in
temples, according to one interpretation of a problematic text. The
penalty would be expulsion from the temple and loss of oce for
perpetrator and heirs.260
9. S I
9.1
Curses
259
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284
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. Altgyptische Verwandtschaftsbezeichnungen im Mittleren Reich. Hamburger gyptologische Studien 3. Hamburg: Verlag Borg, 1983.
. Probleme der Arbeit mit altgyptischen Titeln des Mittleren Reiches, GM
83 (1984) 10324.
. Ursprung und Bedeutung der Titelsequenz Z3b-R3-Nhn, SAK 11 (1984)
20917.
. The Career of Khnumhotep III of Beni Hasan and the so-called Decline
of the Nomarchs. In Middle Kingdom Studies, ed. S. Quirke. New Malden Surrey:
SIA Publishing, 1991, 5167.
Gardiner, A. A New Letter to the Dead, JEA 16 (1930) 1922.
, and K. Sethe. Egyptian Letters to the Dead. London: Egypt Exploration Society,
1928.
Gestermann, L. Kontinuitt und Wandel in Politik und Verwaltung des frhen Mittleren Reiches
in gypten. Gttinger Orientforschungen, IV. Reihe. gypten 18. Wiesbaden:
Harrassowitz, 1987.
Goedicke, H. Tax Deduction for Religious Donations, JARCE 9 (197172) 7375.
. Studies in the Hekanakhte Papers. Baltimore: Halgo, 1984.
. Sinuhes Foreign Wife, BSEG 910 (198485) 10307.
Grith, F.Ll. Hieratic Papyri from Kahun and Gurob (Principally of the Middle Kingdom).
London: Bernard Quaritch, 1898.
Hafemann, I. Zum Problem der staatlichen Arbeitspicht im alten gypten. II:
Auswertung der Expeditionsinschriften des Mittleren Reiches, AoF 12 (1985) 179
215.
Harari, I. Lchange, Serapis 7 (1984) 4759.
. La force obligatoire de la coutume dans lgypte ancienne, Serapis 7 (1984)
3345.
. Vrication de la coutume dans la terminologie juridique gyptienne, DE
5 (1986) 6772.
Hayes, W. oremkha'uef of Nekhen and his Trip to I-towe, JEA 33 (1947) 311.
. A Papyrus of the Late Middle Kingdom in the Brooklyn Museum. Brooklyn, 1955.
Helck, W. Arbeiterversorgung und -entlohnung, L 1, cols. 37576.
. Frondienst, L 2, cols. 33334.
. Gesetze, L 2, cols. 57071.
. Landesverwaltung L 3, cols. 91822.
. Militr, L 4, cols. 12834.
. Sklaven, L 5, cols. 98287.
. Zur Verwaltung des Mittleren und Neuen Reichs. Probleme der gyptologie 3.
Leiden: Brill, 1958.
. Wirtschaftsgeschichte des Alten gypten im 3. und 2. Jahrtausend vor Chr. Handbuch
der Orientalistik. Erste Abteilung: Der Nahe und der Mittlere Osten. Erster Band,
Fnfter Abschnitt. Leiden: Brill, 1975.
Hoch, J., and S. Orel. Murder in Ancient Egypt. In Death and Taxes in the Ancient
Near East, ed. S. Orel. Lewiston: Edward Mellen Press, 1992, 87128.
James, T.G.H. The ekanakht Papers and other Early Middle Kingdom Documents. The
Metropolitan Museum of Art, Egyptian Expedition. Vol. 19. New York: Metropolitan
Museum, 1982.
Janssen, J. and P. Pestman. Burial and Inheritance in the Community of Necropolis
Workmen at Thebes (Pap. Bulaq X and O. Petrie 16), JESHO 11 (1968) 13770.
Johnson, J. The Legal Status of Women in ancient Egypt. In Mistress of the House,
Mistress of Heaven: Women in Ancient Egypt, ed. A. Capel and G. Markoe. New York:
Hudson Hills Press, 1996, 17586.
Kadish, G. Observations on Time and Work-Discipline in Ancient Egypt. In
Studies in Honor of William Kelly Simpson, ed. P. Der Manuelian. Vol. 2. Boston:
Museum of Fine Arts, 1996, 43949.
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In Studien zu Sprache und Religion gyptens Zu Ehren von Wolfhart Westendorf berreicht
von seinen Freunden und Schlern, ed. F. Junge. Gttingen: Hubert and Co., 1984,
vol. 1, 561611.
Mueller, D. Some Remarks on Wage Rates in the Middle Kingdom, JNES 34
(1975) 24963.
Nims, C. The Term Hp Law, Right in Demotic, JNES 7 (1948) 24660.
Nordh, K. Aspects of Ancient Egyptian Curses and Blessings. Boreas 26. Uppsala: Acta
Universitatis Upsaliensis, 1996.
Obsomer, C. di.f pr.t-rw et la liation ms(t).n /r (t).n comme critres de datation
dans les textes du Moyen Empire. In Individu, socit et spiritualit dans lgypte
pharaonique et copte. Melanges gyptologiques oerts au Professeur Aristide Thodorids, ed.
C. Cannuyer and J. Kruchten. Brussels: Illustra, 1993, 163200.
Otto, E. Prolegomena zur Frage der Gesetzgebung und Rechtsprechung in gypten,
MDAIK 14 (1956) 15059.
Parant, R. Laaire Sinouh: Tentative dapproche de la justice rpressive gyptienne au dbut
du II e millnaire av. J.C., Aurillac, 1982.
Parkinson, R. Voices from Ancient Egypt. London: British Museum Press, 1991.
. Homosexual Desire and Middle Kingdom Literature, JEA 81 (1995)
5776.
Pestman, P. Marriage and Matrimonial Property in Ancient Egypt. Leiden: Brill, 1961.
Pirenne, J. La preuve dans la civilisation de lgypte antique, Recueils de la Socit
Jean Bodin 16 (1965) 942.
Posener, G. Lanachoresis dans lgypte phraonique. In Le monde grec: pense, littrature, histoire, documents, hommages Claire Praux, ed. J. Bingen et al. Universit Libre
de Bruxelles Facult de Philosophie et Lettres 112. Brussels: ditions de lUniversit
de Bruxelles, 1975, 66369.
Quack, J. Studien zum Lehre fr Merikare. GOF IV/23. Wiesbaden: Harrassowitz. 1992.
Quirke, S. The Regular Titles of the Late Middle Kingdom, RdE 37 (1986)
10730.
. The Administration of Egypt in the Late Middle Kingdom. New Malden, Surrey: SIA
Publishing, 1990.
. Royal Power in the 13th Dynasty. In Middle Kingdom Studies, ed. S. Quirke.
New Malden, Surrey: SIA Publishing, 1991, 12339.
. Horn, Feather and Scale, and Ships: On Titles in the Middle Kingdom.
In Studies in Honor of William Kelly Simpson, ed. P. Der Manuelian. Vol. 2. Boston:
Museum of Fine Arts, 1996, 66577.
Ray, J. A Consideration of Papyrus Kahun 13, JEA 59 (1973) 22223.
Redford, D. The Tod Inscription of Senwosret I and Early 12th Dynasty Involvement
in Nubia and the South, JSSEA 17 (1987) 3655.
Robins, G. The Relationships Specied by Egyptian Kinship Terms of the Middle
and New Kingdoms, CdE LIV 108 (1979) 197207.
Ryholt, K. The Political Situation in Egypt during the Second Intermediate Period c. 18001550
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Schenkel, W. Anchti, L 1, cols. 26768.
. Memphis. Herakleopolis. Theben: Die epigraphischen Zeugnisse der 7.11. Dynastie
gyptens. gyptologische Abhandlungen 12. Wiesbaden: Harrassowitz, 1965.
Schneider, T. Die semitischen und gyptischen Namen der syrischen Sklaven des
Papyrus Brooklyn 35.1446 verso, UF 19 (1987) 25582.
Seidl, E. Einfhrung in die gyptische Rechtsgeschichte bis zum Ende des neuen Reiches. gyptologische Forschungen 10. Glckstadt: J.J. Augustin, 1951.
Sethe, K. gyptische Lesestcke. Repr. Hildesheim: Georg Olms, 1983.
. Urkunden des Alten Reiches. Urkunden des gyptischen Altertums 1. Leipzig:
J.C. Hinrichs; Berlin: Akademie-Verlag, 1903.
Shupak, N. A New Source for the Study of the Judiciary and Law of Ancient
Egypt The Tale of the Eloquent Peasant, JNES 51 (1992) 118.
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. Index of Egyptian Administrative and Religious Titles of the Middle Kingdom. Beirut:
American University of Beirut, 1983.
. Reections on Some Egyptian Terms Presumed to Mean Harem, Haremwoman, Concubine, Berytus 31 (1983) 6774.
. Essays on Feminine Titles of the Middle Kingdom and Related Subjects. Beirut: American
University of Beirut, 1986.
. The Supposed s.t nt qnb.t Female Member of a Judicial Council of Pap.
Boulaq 18, GM 100 (1987) 8184.
Wente, E. Letters from Ancient Egypt. Atlanta: Scholars Press, 1990.
Westendorf, W. Auf jemandes Wasser sein = von ihm abhngig sein, GM 11
(1974) 4748.
Willems, H. The Nomarchs of the Hare Nome and Early Middle Kingdom History,
JEOL 28 (198384) 80102.
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EGYPT
NEW KINGDOM
Richard Jasnow
1. S L
The New Kingdom oers a more abundant and varied corpus of
legal texts than the Old and Middle Kingdoms.1
1.1
Law Codes
As with the Old and Middle Kingdoms, no law code proper is preserved but only detailed royal edicts (e.g., Nauri Decree), together
with possible references to systematic law collections. In the Decree of
Horemheb, for example, the king declares, I have given to them (i.e.,
the judges) oral instructions and law(s) in their books.2 In P. Bulaq
10, one party cites the law of the pharaoh as a precedent,3 while
in P. Turin 2021, a man introduces a law with the words: The
King said: . . .4
Iconographic evidence has also been utilized in the discussions of
a law code. A scene in the tomb of Rekhmire (reign of Tuthmosis
III) shows forty enigmatic objects (smw) on display before the vizier
during an ocial session. These have been interpreted as the law-
1
Still basic is the overview in Seidl, Einfhrung . . . Among the most active researchers
in New Kingdom law have been Allam, Thodorids, and Menu (see bibliography).
An excellent introduction is also McDowell, Jurisdiction . . . A useful collection of
sources is in Lurje, Studien . . ., 17098. The relatively few pharaonic legal documents may be, in fact, exceptional cases; see Eyre, Feudal Tenure . . ., 109. See
further Eyre, Peasants . . ., 381.
2
Kruchten, Horemheb . . ., 154. On the possibility of extensive law codes, see
Lorton, Treatment . . ., 5362; Allam, Traces . . .
3
See Janssen and Pestman, Burial . . ., 16768; Thodorids, Dnonciation . . .,
6263; Thodorids, Ouvriers . . ., 17172.
4
Johnson, Legal Status . . ., 177 (translation). See also Allam, Papyrus Turin
2021 . . ., 25.
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Royal Edicts9
Allam, La Problmatique . . .
Van den Boorn, Vizier . . ., 2932. But see also Posener, Les quarante rouleaux
de lois . . ., 6366; Allam, Traces . . ., 16.
7
See also Lurje, Studien . . ., 12632; Thodorids, A propos . . .
8
Wilson, Culture of Ancient Egypt . . ., 49. See also Eyre , Crime . . ., 92; Johnson,
Legal Status . . ., 215; Edgerton, Government . . ., 154; Lorton, Legal and
Social Institutions . . ., 355.
9
Lorton, Treatment . . ., 56. See also Wilson, Culture of Ancient Egypt, 237;
Allam, Quenebete . . ., 5053; Kruchten, Horemheb . . ., 6465; Thodorids, Formation . . ., 711.
10
Lorton, Punishment . . ., 24. See also Polacek, Le Dcret dHoremheb;
Shupak, New Source . . ., 34; Eyre, Work . . ., 209.
11
Urk. 4, 2244. Cf. Lorton, King and the Law . . ., 57. For remarks on hp.w,
laws, see also Kruchten, Horemheb . . ., 21420.
12
See Spalinger, Revisions . . ., 3139. On the Nauri Decree, see also Harari,
Principe . . .; Lorton, Treatment . . ., 2527; Harari, Recruitement . . . See
Kruchten, Gestion . . ., 52324, for similar decrees.
13
The series of persons or objects wronged or misused are: persons, goods, corve
work, boats, and elds.
6
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1.4
1.4.1 In comparison with the Old and Middle Kingdoms, the quantity of material is considerable. The documents, many of which form
archives or dossiers, attest to sale, loan, lease, various kinds of disputes and litigation concerning movables and immovables, marriage,
adoption, partnership, and inheritance matters. While most of our
legal material is from southern Egyptian Thebes, the exceptionally
important Legal Text of Mes25 comes from Memphis, in the north.
This inscription records complicated court disputes and conrms the
existence of governmental archives.
1.4.2 The large corpus of texts from the town of Deir el-Medina
in Thebes is the most important single source of information for law
in the New Kingdom.26 Deir el-Medina, home of the royal tomb
builders near the Valley of the Kings, was presumably no typical
village, being under the direct control of the vizier (and later, the
high priest of Amun).
1.4.2.1 Most cases from Deir el-Medina deal with fulllment or
non-fulllment of obligations (payment, sale and loan of objects, rent
and sale of animals, usually donkeys).27 There is also litigation concerned with landed property, family law, and inheritance. Theft is
occasionally prosecuted.28 Much less common are cases of violence,29
slander, or blasphemy. Some consider these ostraca ocial records
or documents, while others think them generally mere private notes
and memoranda for litigants.30 They do not follow any very rigid
25
Inscribed on a tomb chapel in North Saqqara, near modern Cairo, the text
lacks both the beginning and end; see Gardiner, Inscription of Mes; Gaballa, TombChapel . . ., 2227; Allam, Publizitt . . ., 3839; Eyre, Feudal Tenure . . ., 11618;
Allam, Remarks . . ., 105.
26
See McDowell, Jurisdiction . . ., 3.
27
On types of cases, see McDowell, Jurisdiction . . ., 15559. She stresses that most
cases were economic in character and not criminal. Thodorids, Dnonciation . . .,
6062, lists the following: (1) infractions against individual liberty or mortuary cult;
(2) violation of private property rights; (3) violation of professional oath and obligations; (4) abuse or excess of power; (5) damage to kings property.
28
See, for example, Lorton, Treatment . . ., 44.
29
Janssen, Rules . . ., col. 296.
30
Thodorids, Concept of Law . . ., 300. See especially on this subject, Allam,
Schriftostraka . . . See also Janssen, Proceedings . . ., col. 296; Malinine, Notes
juridiques . . ., 96.
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Scholastic documents
One notes that many transactions recorded in the Deir el-Medina ostraca lack
witnesses, where they might be expected.
32
McDowell, Jurisdiction . . ., 4.
33
Lacau, Stle Juridique . . . The so-called Stle juridique (Seventeenth Dynasty),
Spalinger, Stle Juridique, cols. 68, was discovered at Karnak. The text records
the sale of the oce of provincial governor. See also Allam, m-k3; Johnson,
Legal Status . . ., 184; Helck, Akte . . ., 11113.
34
Gardiner, Adoption . . .
35
Allam, Papyrus Turin 2021.
36
ern, Will . . .
37
Van den Boorn, Vizier . . .
38
See Wente, Late Ramesside Letters . . ., and Janssen, Communications . . .
39
E.g., Caminos, Late-Egyptian Miscellanies . . ., 326. See also Brunner, Schulhandschriften, col. 738; Allam, Quenebete . . ., 50.
40
See Lichtheim, AEL 2, 17071. See also Lorton, Treatment . . ., 37 (on the
imprisonment of a deserters family).
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1.6
Miscellaneous
The King
2.1.1 For much of the New Kingdom, Egypt was ruled by powerful kings in rm control of the administration. Emphasizing their
close association with Maat, Justice, the kings issued detailed legal
edicts regulating the status and behavior of individuals, such as the
Nauri Decree. In theory the king was all-powerful. In practice, there
were probably limitations on the authority or ability of a king to
interfere in the legal sphere. The pharaohs certainly displayed on
occasion an active interest in the law. Horemheb, for example, main-
41
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tains that he gave regulations in their (the ocials) faces and laws
in their book collections.49
2.1.2 It was perhaps possible to turn to a pharaoh for a legal decision or at least to dispute in the royal presence.50 In Late Ramesside
Letter 37 a writer declares: Now Preunemef has contended in court
with your father in the presence of the Pharaoh. The King has
caused your father to be justied against him; and the King has
charged the ocials to make the examination of his men in order
to give them to him. And the Pharaoh has said: Give him men as
is tting.51
2.1.3 Sometimes
erally in the form
act with his own
inheritance to the
legal parties cite the law of the pharaoh, genof a spoken order of the king, such as: Let each
property as he wishes,52 and let one give the
one who undertook the burial.53
2.1.4 In later periods one could petition the king directly, but there
is little evidence for this practice in the New Kingdom. Still, in O.
Ashmolean 1945.37+1945.33 + O. Michaelides 90, a man speaks of
bringing up an accusation against gatekeepers of the palace before
the pharaoh when he appears in his jubilee.54
2.1.5 An amnesty seems to be attested in the Israel Stela, wherein
Merneptah sets free the many who are imprisoned in every district.55 So, too, in O. BM 5631, a man declares that the pharaoh
has released him from prison.56
2.1.6 Theoretically, the king would hardly need the consent or support of his court in sentencing, but literary texts suggest a desire to
win the courtiers approval. In the Tale of the Two Brothers, the
49
Cf. fn. 2. For the role of the pharaoh in Deir el-Medina, see McDowell,
Jurisdiction . . ., 23544.
50
Ibid., 23639.
51
Wente, Late Ramesside Letters . . ., 72. See also Allam, Hieratische Ostraka . . ., 304.
52
Cf. Lorton, Legal and Social Institutions . . ., 355.
53
P. Cairo 58092, Allam, Hieratische Ostraka . . ., 290.
54
Allam, Hieratische Ostraka . . ., 22.
55
Hayes, Papyrus . . ., 44. See also Thodorids, Procs relatif . . ., 48.
56
Allam, Hieratische Ostraka . . ., 49.
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The Legislature
As in the earlier periods, there is no evidence for an acting assembly or legislature which conrmed the kings decisions, but only a
court with an advisory capacity.61
2.3
The Administration
Central Administration
2.3.1.1 The king and the palace ocials formed the central administration,64 based for much of the New Kingdom in northern Memphis
and southern Thebes.65 Vast royal holdings and the associated bureaucracy have been labeled the Royal Domain.66 A Royal Son (not
a blood relation of the king)67 ruled the rich province of Nubia. The
king and the royal court maintained contact with subordinates by
57
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68
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still called by the ancient Old Kingdom title, Director of the Six
Great Houses.83 According to the Duties of the Vizier, the vizier
hears cases of governmental malfeasance; he receives a copy of every
transfer document (my.t-pr); he appoints magistrates and overseers of
police. He is especially involved in cases concerning land, being particularly responsible for land titles and boundaries.84 Especially
signicant is the declaration: He will hear each petitioner according to the law which is in his hand.85 It was theoretically possible
for any Egyptian to petition the vizier directly.86 There are occasional procedural inconsistencies between the Duties of the Vizier
and statements in other legal texts.87
2.3.1.3.1 Under the vizier would have been the treasury overseers,
granary overseers, and the overseers of cattle.88 The overseer of
elds was one such important ocial in charge of land survey and
land assessment or cadastral rights.89 The vizier, who may even have
been ultimately responsible for the temples,90 is thus virtually in
charge of the entire state bureaucracy in Egypt.91
2.3.1.3.2 The vizier took a special interest in the aairs of Deir
el-Medina.92 He directs the Tomb Robbery trials.93 P. BM 10055
(= P. Salt 124), the detailed list of accusations against the chief of
the work crew, Pa-nb, is addressed to the vizier.94 He also appears
in more modest situations. O. Nash 1, a record of the court trial of
a woman accused of theft, seems to be the draft of a letter to the
83
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95
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300
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106
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Courts
2.4.1 In the New Kingdom there were great courts (qnb.wt '3.wt)
in the national capitals and chief cities (such as Memphis, Thebes,135
and Heliopolis), the members of which are drawn from the highest
levels of the temple or state.136 They could issue orders to lesser local
courts,137 and also apparently had administrative functions.138 In the
Horemheb Decree, a qenbet is said to comprise prophets, mayors,
and priests (m-ntr, 3ty-', w'b).139 The common term for a court in
the Old and Middle Kingdoms, djadjat, appears infrequently in the
New Kingdom.140 The designation Thirty (M'b.t) is occasionally
employed for a type of court.141
2.4.2 The composition of the court in the legal case of Messuia is
priestly. The members of that court are referred to in the text as
129
See McDowell, Jurisdiction . . ., 51; ern, Community . . ., 26184. Cf. Wente,
Letters . . ., 183; Jansen-Winkeln, Plnderung . . ., 7273.
130
Andreu, Polizei, col. 1070.
131
Allam, Hieratische Ostraka . . ., 131.
132
Andreu, Sobek . . ., 4.
133
Allam, La vie municipale . . ., 14.
134
Ibid., 15.
135
See Allam, Gerichtsbarkeit, col. 550. The Great Court of Thebes is last
attested in the Twenty-fth Dynasty; see Malinine, Un jugement . . ., 175.
136
Allam, Egyptian Law Courts . . ., 111. On the qnb.t '3.t, see Allam, Papyrus
Turin 2021, 24, 3233.
137
Allam, Egyptian Law Courts . . ., 111.
138
Allam, Quenebete . . ., 35, and Ladministration . . .; Eyre, Strike . . ., 80;
Toivari, Man versus Woman . . ., 16062. But cf. McDowell, Jurisdiction . . ., 143.
139
Allam, Zur Tempelgerichtbarkeit . . ., 1. For the Horemheb Decree and the
qenbet courts, see Allam, Quenebete . . ., 5051.
140
Lurje, Studien . . ., 63.
141
Wente, Letters . . ., 46.
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the people of the town who heard the matter.142 In P. Gurob II,
2, the court (council of judges of the Temple of Osiris) is composed
of four priests and one military man.143 The wtyw of Deir el-Medina
could act as judges with the power to punish subordinates.144
2.4.3 The best known local qenbet court is from Deir el-Medina.145
The qenbet comprised between eight and fourteen relatively highstatus persons in the village.146 These were generally the work foremen, deputies, and scribes but on occasion even less distinguished
townspeople.147 They would all then be designated the magistrates
(sr.w, lit., nobles).148 In O. DeM 225, the court consists of two
scribes and two police ocials,149 while in O. Gardiner 53 it had
four representatives of the Interior and four representatives of the
harbor.150 The qenbet held its meetings outside, quite possibly in public. They met on rest days or perhaps during the night after work.151
Very rarely, it seems, did members take time o from work for
court.152 The texts often list the names of the members of a council under the heading the council of this date, implying that the
membership changed daily.153
Occasionally, no court was formed, but a single individual was
charged with dealing with a particular case.154 Indeed, a legal dispute was most simply solved by consulting a single local ocial in
a form of arbitration, thus avoiding the court altogether.155 There
was usually a local judge for local cases, but in serious situations,
outside ocials might be called in.156
142
Gardiner, Four Papyri . . ., 36. See also Gaballa, Tomb-chapel . . ., 27 (on the
court of Mes).
143
Gardiner, Four Papyri . . ., 38.
144
McDowell, Jurisdiction . . ., 146.
145
See esp. ibid., 14386. Cf. also Allam, Hieratische Ostraka . . ., 38.
146
Allam, Egyptian Law Courts . . ., 110. Cf. also Lurje, Studien . . ., 55; Kruchten,
Horemheb . . ., 157.
147
Bierbrier, Tomb-Builders . . ., 103.
148
So Thodorids, Concept of Law . . ., 312; McDowell, Jurisdiction . . ., 6569.
149
Allam, Hieratische Ostraka . . ., 106.
150
Ibid., 15859.
151
Bierbrier, Tomb-builders . . ., 103.
152
Vleeming, Gleanings . . ., 189. See also McDowell, Jurisdiction . . ., 14951.
153
Edgerton, Government . . ., 156.
154
Allam, Legal Aspects . . ., 138.
155
But see McDowell, Jurisdiction . . ., 176, who holds that a clear verdict was
indeed the aim of such courts.
156
Allam, Legal Aspects . . ., 142.
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157
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305
167
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307
Parties
188
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308
3.2
Procedure
198
But compare Allam, Recht, col. 184. See further Allam, Legal Aspects . . .,
141; Thodorids, Dnonciation . . ., 15; Eyre, Crime . . ., 93. McDowell, Jurisdiction . . ., 24849, proposes that these might have been resolved by self-help. In
O. DeM 592, a man proposes to take the matter of an unpaid debt to a commissioner of the pharaoh and the court; see Allam, Hieratische Ostraka . . ., 141, and
Verfahrensrecht . . ., 23. In P. Turin 1880, a scribe threatens to take the work crew
to court. This is, however, not a private, but a state matter; see Allam, Hieratische
Ostraka . . ., 310, and Verfahrensrecht . . ., 23.
199
In O. Staring, Brussels, a man apparently attempts to resolve a conict with
his brother before it reaches the stage of a court case; see Allam, Hieratische Ostraka . . .,
247, Verfahrensrecht . . ., 22, and Legal Aspects . . ., 141. So too in O. Berlin 12630,
a man seeks to recover a debt without yet going to court; see Allam, Hieratische
Ostraka . . ., 35, and Verfahrensrecht . . ., 22. On qenbet procedure, see McDowell,
Jurisdiction . . ., 16570.
200
Cf. Allam, Hieratische Ostraka . . ., 58, 63, and Verfahrensrecht . . ., 55, 58. See
also Vittmann, Elephantine . . ., 49. See also Thodorids, Dnonciation . . ., 59, on
P. Salt 124.
201
Seidl, Einfhrung . . ., 35.
202
Allam, Verfahrensrecht . . ., 58.
203
Allam, Hieratische Ostraka . . ., 62.
204
So Gardiner (with a few omissions), Four Papyri . . ., 41.
205
McDowell, Jurisdiction . . ., 1821, discusses the expressions of saying, speaking
employed (e.g., d, r, mdw).
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309
206
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215
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3.3
311
Evidence 224
3.3.1 Witnesses
Witnesses (either male or, less commonly, female)225 are extremely
important in Egyptian law.226 In the Legal Text of Mes, for example, witnesses are brought to declare that the plainti is in fact
descended from the original owner of the land.227 Hostile witnesses
against defendants play an essential role in criminal law.228 In P.
Cairo 65739, the woman must swear that she will be liable to punishment if witnesses are found declaring that she has stolen property.229 In O. Cairo 25556, the four witnesses concerning blasphemy
against the king apparently withdraw their initial statement and are
punished with one hundred blows.230 One could be obligated by an
oath to report crimes witnessed.231
3.3.2
Documents232
224
On proof and registration in the New Kingdom, see Pirenne, Preuve . . .,
2936. Cf., e.g., Gardiner, Four Papyri . . ., 4142.
225
Seidl, Einfhrung . . ., 43. See, e.g., Gardiner, Four Papyri . . ., 32; Allam,
Hieratische Ostraka . . ., 8991, 21719; Capart, New Light . . ., 172.
226
On the basic term for witness, mtr, see McDowell, Jurisdiction . . ., 2122.
227
The Legal Text of Mes comprises a series of testimonies; see Gaballa, Tombchapel . . ., 2225.
228
Judges confront witnesses (or suspects) with one another: Let him who has
accused me be brought (Peet, Tomb-Robberies . . ., 24). Lorton, Treatment . . ., 35,
remarks on the diculty of sometimes distinguishing between suspects and witnesses.
229
Gardiner, Lawsuit . . ., 142.
230
Allam, Hieratische Ostraka . . ., 6163, and Verfahrensrecht . . ., 107; McDowell,
Schijnproces en Egypte . . .
231
McDowell, Jurisdiction . . ., 20912.
232
On the writing of a document being the exception and not the rule, see Eyre,
Adoption . . ., 209.
233
See esp. Allam, Publizitt . . ., 33; Eyre, Employment . . ., 1314.
234
Lacau, Stle Juridique . . ., 3940.
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235
McDowell, Jurisdiction . . ., 7; see also ibid., 126. On the court document cited
in the Mes inscription, see Helck, Akten . . ., 115; Seidl, Einfhrung . . ., 4647.
236
Seidl, Einfhrung . . ., 26; Allam, Hieratische Ostraka . . ., 44, and Verfahrensrecht . . ., 92.
237
Allam, Publizitt . . ., 37, 41.
238
Allam, Verfahrensrecht . . ., 6162 (P. Berlin 10496, Allam, Hieratische Ostraka . . .,
278). Cf. also Vittmann, Elephantine . . ., 47.
239
Janssen, Rules . . ., cols. 29596.
240
Seidl, Einfhrung . . ., 36. See also Eyre, Feudal Tenure . . ., 13132; Allam,
Implications . . .
241
Eyre, Peasants . . ., 385. The Stle juridique may also refer to the search in
the archives of the viziers oce (Thodorids, Mise . . ., 52).
242
Eyre, Feudal Tenure . . ., 131.
243
Allam, Hieratische Ostraka . . ., 268, and Verfahrensrecht . . ., 62.
244
ern and Peet, Marriage Settlement . . ., 33, 37.
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313
bet court of the temple. Another copy was made for the Great
Court of Thebes, where the records of such property deeds were
possibly stored from this area.245
Letters, although not apparently witnessed, may serve as a legal
testimony.246
3.3.3 Oath247
Wilson well describes an oath as a solemn appeal to divine authority, a god, gods, or the pharaoh who was himself a god.248 Common
words for oath are 'rq, meaning to bind (oneself ) and 'n, to
live, this being the rst word of a typical oath formula. A distinction is generally made between assertory or declaratory oaths, which
conrm a statement, and promissory oaths, in which a promise is
made concerning the future.249 An example of a promissory oath is
O. Petrie 67, wherein a man swears: As Amun endures, as the
ruler endures! If I let 10 days go by and have not given back this
mss-clothing to PN, then it should be doubled against me.250
In practice, combinations of both types may appear in the same
oath. Oaths can be taken in either a judicial setting, that is, before
legal authorities in a court, or in non-judicial settings, that is, in the
course of daily life.251
3.3.3.1 An oath could require a person to report the wrongdoings
of others. Thus, in the Strike Papyrus, it is stated:252 That which
the artisan Paankue said to the scribe Amennakht and the chief artisan Khonsu: You are my superiors, you are the controllers of the
Tomb. Pharaoh, my good lord, has caused me to swear an oath
that I will not hear a word nor will I see an evil deed (?) in the
great and profound place of Pharaoh without reporting it.
245
Ibid., 33.
See, e.g., LRL 30 (= Wente, LRL, 66) and LRL 32 (= Wente, LRL, 68).
247
On terms for oaths, see McDowell, Jurisdiction . . ., 3337. On oath formulae,
see also Lurje, Studien . . ., 13253.
248
Wilson, Oath . . ., 129. An oath raises the stakes, as Eyre puts it, in that
the accused invokes punishment upon his or her own head, and thus helps in
enforcement (Crime . . ., 103).
249
For oaths made in connection with loans, see Menu, Prt . . ., 74.
250
Allam, Hieratische Ostraka . . ., 244, and Verfahrensrecht . . ., 21.
251
Wilson, Oath . . ., 130. An oath is pronounced, for example, before the herald in the Stle juridique . . ., Thodorids, Mise . . ., 40.
252
Edgerton, Strikes . . ., 141.
246
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253
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315
Thus, a person may become blind, and attribute this aiction to the god. In such
a case, he or she may declare The anger of god happened to me. O. Gardiner
166 contains a verbal statement to the court concerning a theft. A woman steals a
cake. The thief returns, presumably with compensation for the theft, declaring A
manifestation (or the anger) of the god has happened to me. Her confession
apparently brings the case to an end; there is no further record of action taken by
the court. See, in general, Borghouts, Divine Intervention . . .
260
Lorton, Treatment . . ., 3233.
261
Kaplony, Eid, col. 1189.
262
See, e.g., P. Bologna 1094, 9,710.9, Junge, Neugyptisch . . ., 258.
263
Allam, Familie . . ., 38.
264
Thodorids, Le testament de Naunakhte . . ., 557.
265
Baer, Oath . . . Cf. the negative promissory oath in connection with a sex
case; Toivari, Man versus Woman . . ., 164. See also Thodorids, Dnonciation . . .,
2829; Eyre, Employment . . ., 1008; McDowell, Jurisdiction . . ., 2028.
266
Allam, Sur lordalie . . ., and Legal Aspects . . ., 13940. Pirenne, Preuves . . ., 39, denies the existence of an ordeal.
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4. P S
4.1
Citizenship
267
The foreign lands, often portrayed as laboring for the pharaoh, are designated as subjects, or serfs of the king. On foreigners or foreign countries as
n.t subjects of the pharaoh, see Lorton, Juridical Terminology . . ., 11517; Bleiberg,
Kings Privy Purse . . ., 16061.
268
Helck, Wirtschaftsgeschichte . . ., 21725, distinguishes (1) state ocials; (2) various occupations, such as herdsmen, farmers, craftsmen belonging to a temple (218);
(3) settled soldiers, dependent on the king (218). See also Eyre, Adoption . . ., 208.
269
See the discussion of Harari, La capacit . . ., 4445; Gitton, La rsiliation, 86; Bakir, Slavery . . ., 4852; Kruchten, Horemheb . . ., 3233; Katary, Land
Tenure . . ., 21012 (virtual owners of land); Thodorids, Adoptions . . .; Eyre,
Work . . ., 209.
270
Wb. 2, 268/6. It seems to mean, etymologically, one bereft of mother and
father (Bakir, Slavery . . ., 48). New Kingdom texts contain such statements as: I
am one orphaned (nm) of mother and father (Bakir, Slavery . . ., 48) and As for
the one who does not have a child, he takes for himself another, an orphan (nm)
whom he may raise. The orphan was possibly considered as one unencumbered
by obligations or independent and thus acquired the specic meaning free person (Bakir, Slavery . . ., 50). Vittmann, Elephantine . . ., 59, states: Mostly, it is understood as a private person, private owner (of small holdings) or also private
possessor . . . At any rate, they occupy a low social position.
271
Eyre, Work . . ., 209. See also Eyre, Peasants . . ., 375, 37778; CruzUribe, Slavery . . ., 52; Castle, Shipping . . ., 248; Allam, Zwei Schlussklauseln . . .,
18. Cf. Gutgesell, Datierung . . ., 56870; Helck, Wirtschaftsgeschichte . . ., 22021.
272
Eyre, Work . . ., 209.
273
ern, Will of Naunakhte . . ., 31.
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317
While males appear more often in legal texts, there seem to be few
explicit restrictions on the rights of women.279 Women certainly act
less frequently as witnesses, and there are scarcely any examples of
female judges.280
Women could acquire and alienate property, and enjoy usufruct
without visible limitations.281 In P. Cairo 65739, women purchase
274
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tombs and sell them as they please.282 The Legal Text of Mes shows
that law courts acknowledged womens rights to tenure of land, and
illustrates the ability of a woman to initiate a court case. Women
probably acquired property chiey by inheritance but could extend
their holdings by purchase. The Wilbour Papyrus shows that women
also were liable to the same taxes and rent as men.283 P. Cairo CG
58056 indicates that a woman could represent her husband in ocial
or nancial matters.284 Nevertheless, despite such clear evidence that
women enjoyed some legal and economic independence, Egyptian
society as a whole was basically patriarchal in structure and dominated by men.285
Since women had legal responsibilities, they also sometimes appear
as defendants in court regarding transactions which they had concluded286 or possible involvement in criminal activities. The wives of
the tomb robbers were brutally questioned. Their feet were twisted
or they were beaten with the stick. They were compelled to swear
an oath by the lord not to lie. Questioned as to how they came
to acquire such possessions as silver or slaves, the women deny all
knowledge of wrongdoing. As Johnson observes:
(a) The women state that their husbands did not inform them of details
as to how they acquired the slaves.
(b) A wife of a gold-worker claims that she got the slave with money
earned from garden produce or weaving cloth.
282
In a trial at Thebes, a soldier accuses a woman of using the property of
another lady to purchase two slaves. A tomb is said to belong to a woman (=
Gardiner, Lawsuit . . .). On women tracking in slaves, see ibid., 140. In O. DeM
235, a woman successfully contends with three men concerning the places of her
husband (Allam, Hieratische Ostraka . . ., 109). See also Allam, Familie . . ., 27. On
women active in transactions and as sellers, McDowell, Agricultural Activity . . .,
198. On women in the marketplace, see Eyre, Market . . ., and Work . . ., 200.
283
In P. Wilbour, about 10 percent of the land belongs to women (228 plots out
of a total of 2110); see Johnson, Legal Status . . ., 178. It should be emphasized
that it is by no means clear just what the amounts mentioned in P. Wilbour are
taxes or yieldsand to whom the amounts are to be given; see Vleeming, Papyrus
Reinhardt . . ., 73.
284
Allam, Trois lettres . . ., 22. Cf. Allam, Implications . . ., on a husband
consulting his wife.
285
Menu, Business . . ., 205. See further, Whale, Family . . ., 273, on the practical diculties of a woman exercising her own will in economic and legal matters,
286
Johnson, Legal Status . . ., 176, 178, but cf. Lorton, Treatment . . ., 35.
In O. Berlin 12630, a man seeks to recover from the wife a debt incurred by a
husband; see Allam, Hieratische Ostraka . . ., 35, 106, and Verfahrensrecht . . ., 22.
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(c) One woman declares that when her father learned that her husband was robbing the tombs, he forbade the thief to enter the
fathers home.287
4.3
Slavery
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321
4.3.4 Treatment
Little is known of the treatment of slaves in New Kingdom Egypt.
Bakir has suggested that royal slaves, war captives, might be branded
with the kings name.307 Female slaves in Deir el-Medina may receive
considerably fewer rations than ordinary workmen.308 Slaves might
be expected on occasion to pay substantial monetary penalties in
case of conviction of theft, which suggests that they had nancial
means.309 Slaves apparently own elds.310 Slaves can give evidence
in court.311 No document attests to a marriage between slaves.312 On
the basis of the obscure Eighteenth Dynasty letter, P. Louvre 3230,
Helck believes that slave children were not to be drafted for work.313
Texts mention the pursuit and capture of fugitive slaves.314
4.3.5 Termination
Already P. Berlin 10470 (Second Intermediate period) may deal with
the granting of citizenship to a slave who had previously been shared
between public and private ownership.315 Apparently, a simple declaration of the master before a local court was enough to free a
slave. Eyre cites cases whereby the slave is brought later into the
family.316 Under Tuthmosis III, a royal barber received a slave, whom
he ocially freed and then married o to his niece, making him
joint heir with his wife and sister.317
woman) were still slaves (84). On the problem of the status of the children of freed
slaves, see Thodorids, Le papyrus des adoptions, 634; Eyre, Adoption . . .,
217; Eyre, Work . . ., 210.
307
See Bakir, Slavery . . ., 98. See also Cruz-Uribe, Slavery . . ., 4849; Eyre,
Work . . ., 210.
308
ern, Community . . ., 17581, discusses female slaves in Deir el-Medina and
notes that their work may have consisted of grinding grain into our. They seem
to receive less than ordinary workmen.
309
Bakir, Slavery . . ., 86. See also Thodorids, La procdure . . .
310
See Bakir, Slavery . . ., 86. The evidence is not very strong. On slaves as landholders and acting as traders, Eyre, Work . . ., 210; Helck, Sklaven, col. 985.
311
Bakir, Slavery . . ., 8889.
312
Ibid., 82.
313
Sklaven, col. 985; text is published in Peet, Two Eighteenth Dynasty . . .
314
Bakir, Slavery . . ., 79.
315
So Loprieno, The Egyptians . . ., 201.
316
I.e., as Bakir points out, instances of slaves marrying free individuals (Slavery . . .,
8284).
317
Following Eyre, Adoption . . ., 215. Bakir provides a translation in Slavery . . .,
83. See also Eyre, Work . . ., 210; Rabinowitz, Semitic Elements . . .; CruzUribe, Slavery . . .; Helck, Akten . . ., 114; Lurje, Studien . . ., 6970; Spalinger, Will
of Senimose . . ., 649.
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The Adoption Papyrus is, however, the clearest act of emancipation.318 A woman frees three children of her slave by declaring them
free-persons (nm) of the land of the pharaoh. The woman further
makes them her heirs, together with her younger brother, who marries one of them (see 5.3 below). An oath includes an exclusion clause
preventing others from contending with them. This exclusion clause
is enforced by a curse and not, as often, by a legal penalty.
It is just possible that a slave might undertake to free himself on
his own initiative. Some suggest, at any rate, that a slave could leave
a master and take refuge with a third party, if justiable cause
existed.319
5. F320
In the Nauri Decree women and children are punished for the infractions of the head of the household, suggesting that a family could
be considered a juristic entity.321 It has been proposed that the authority of the father was not absolute.322 Parents of persons involved in
legal transactions sometimes declare their agreement within the body
of the document.323 If not legally mandated, there was evidently a
sense of moral responsibility for caring for the elderly parents, a situation which found legal form or expression in the so-called sta
of old age.324
5.1
Marriage
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325
346
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5.1.5 Remarriage
In several instances, men who have remarried seem to have gone
to court in order to regulate matters of inheritance concerning children of the rst wife.355 In the Letter to the Dead P. Leiden I 371,
the man observes that he has not even remarried although a man
in his position should have done so.356
5.1.6 Polygamy
While polygamy was not perhaps impossible, monogamy seems to
have been the rule (except for the pharaohs themselves).357 The wife
of a tomb robber declares: I am one of four wives, two being dead
and another still alive.358 Concubines are attested in the documentation, although not abundantly.359
5.2
Children360
The father seems to have controlled the family estate until death,
while the mother may have had such authority only until her children came of age. The age of majority is not certainly known.361
A father could theoretically disinherit a son because of disobedience or lial neglect.
The Deir el-Medina ostraca well document intrafamilial disputes.
In O. Cairo 25725 + O. Louvre E. 3259, a man accuses his daughter of not returning a borrowed piece of clothing and of having sold
another piece of clothing for him without giving to him the full
payment.362
There are also cases in which a father displays a sense of responsibility towards family members. In P. Turin 1880 a man swears not
355
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Adoption
5.3.1 In the Adoption Papyrus (a text comprising several individual documents), a woman declares that her husband, having prepared a writing for her, made me a daughter of his and his sole
heir. The second document is a joint statement by the husband and
wife that they have together bought a slave girl who has given birth
to one boy and two girls. The wife then speaks (?), declaring that
she has brought up and adopted the children. The wife makes the
three children free persons of the land of the pharaoh (see 4.4.5.1
above). The wife also adopts her younger brother as a son, and he
marries the eldest of the two girls. On her death, the womans estate
is to be divided among all four adopted children.365
The reason for the arrangement seems to be the wifes childlessness. In other Near Eastern lands, a childless wife may procure a
surrogate mother who is a slave girl, subordinate to the rst wife.366
The document may be designed then to formalize the children of
this slave woman as rightful heirs, with a more powerful claim to
the property than the brothers of the husband. The actual occasion
for this document may have been the marriage of the womans
brother to the eldest daughter of the slave woman.367 The rst section (or document) of the Adoption Papyrus seems to enable the
husband to avoid divorcing his childless wife, while ensuring direct
issue by means of a slave girl.
Allam also interprets P. Turin 2021 as a similar adoption document rather than as a marriage settlement or will of a man twice
363
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married.368 Allam believes that the man desires to guarantee his second wife a greater share of his property; he wishes to assign to her,
in addition to her legal one-third, the two-third share belonging to
him.369 He thus renders the relevant sentence so: [And I] made
her as a daughter just like the children of my rst wife who was in
my house.370
So, in order to make sure that his wife receives more than she
was strictly entitled to, he had to adopt her. However, he wished to
be certain that his children by his rst wife give up any claim to
the two-thirds share which would normally have gone to them upon
his death. This second wife does not seem to have any children of
her own; she may have been particularly legally and economically
vulnerable in case her husband died. The document may not, then,
record an actual dispute but was perhaps intended to avoid future
conict.
5.3.2 Another possibly signicant mention of adoption occurs in O.
Berlin 10627: As for him who has no children, he adopts an orphan
instead to bring him up.371
6. P I372
6.1
Tenure of Land
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might donate land (nk) from his estates for a variety of reasons, for
example, to support a statue cult.375 Soldiers would receive land in
return for military service, also a later Ptolemaic practice.376
The soldiers might well have been able to lease or perhaps even
alienate some of their land so long as they were available for military service.
Helck maintains that while in the Old and Middle Kingdoms we
hear only of assigned elds, towns, people, or herds, in the New
Kingdom elds given m s.t, in favor, from the king are the true
and complete property of the new owner.377
The impressive cadastral records or land surveys, such as the
Wilbour378 or later Reinhardt379 papyri, do not generally illuminate
the status of the individual named or the relationship between that
person and the eld in question.380
It is not clear how statistically signicant private holdings were
in the New Kingdom. It may have been possible, for example, to
purchase land at Deir el-Medina, although the evidence is not very
plentiful.381
Claims for the ownership of land might be documented over a
considerable period. In the Mes inscription, for example,382 Mes himself lived during the reign of Ramesses II (12791213), but the key
ancestor is Neshi who, having fought with King Kamose (15571552)
against the Hyksos,383 later received land. It is this allotment which
ing that temple ocials were responsible for lands and were expected to guarantee a quota of grain production, using gangs of three men and one boy. The eld
laborers were assigned to the ocial for this purpose (Eyre, Peasants . . ., 379).
On P. Bologna 1086, see Thodorids, Parler . . ., 8890. In the New Kingdom,
some portions of the Amun Domain were cultivated by foreigners or prisoners
(Kruchten, Horemheb . . ., 324).
375
Hoverstreydt, A Letter . . ., 116. On temple land, Helck, Wirtschaftsgeschichte . . .,
23943.
376
See, e.g., Lichtheim, AEL 2, 67.
377
Helck, Wirtschaftsgeschichte . . ., 235. See also Hoverstreydt, A Letter . . ., 120.
378
Katary, Land Tenure . . .
379
Vleeming, Papyrus Reinhardt . . ., 7175. Cf. also Janssen, Communications . . ., 45.
380
Quirke, Review . . ., 243. See also Eyre, Peasants . . ., 37172, 38081;
Castle, Shipping . . ., 248; Kruchten, Gestion . . ., 523; Gasse, Donnes . . ., 38,
21417; Katary, Land Tenure . . ., 16.
381
O. Gardiner 165 suggests that elds could be bought by members of the
community (McDowell, Agricultural Activity . . ., 197, 205).
382
Eyre, Feudal Tenure . . ., 11617, 13132. See also Katary, Land Tenure . . .,
22022.
383
See Eyre, Feudal Tenure . . ., 116.
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is disputed in the Legal Text of Mes. During the interim, the estate
was possibly maintained undivided, being administered by one heir
acting as a trustee (rw ) for all concerned. Presumably, this trustee
took care that each of the beneciaries received a share of the
income.384
6.1.1 State and private ownership
The major landowners are the king and the temples; New Kingdom
land surveys and cadastral lists show that both the king and the various temples controlled vast tracts of land.385 The most important of
these texts is the Wilbour Papyrus, a cadastral land survey made by
Egyptian ocials surveying and measuring elds in Middle Egypt.386
Smaller landholders are also a legal or administrative presence. This
text appears to show that in addition to large landowning institutions such as temples, there existed small landholders, with such professions as stable masters, soldiers, priests, herdsmen, scribes, and
farmers.387
It is, however, not always clear who actually cultivated these lands
and what was the nature of the relationship between the individual
farmers and the landholding establishments.388 The exact terms under
which a farmer worked and held land are poorly understood.389 It
may be kept in mind that, according to Eyre, since land was inexpensive, ownership in itself was not necessarily a vital factor.390
Ultimately, one supposes, all the land, including temple land, was
in the possession of the king, who might theoretically remove it at
any time.
6.1.1.1 Much, if not most such family land was the result of a
grant by the king for some past service. Thus, the pharaoh may
have given to the ancestor of Mes the contested elds as a reward
for military services.391 There was possibly a military obligation con384
Cf. ibid.
E.g., the 3-n-t3 land would be elds of the pharaoh; see Vittmann, Elephantine . . ., 58. See also Eyre, Peasants . . ., 381.
386
Baer, Letters . . ., 1516.
387
Lorton, Legal and Social Institutions . . ., 353. See also Allam, Women as
Owners . . ., 128.
388
Eyre, Peasant . . ., 379.
389
Eyre, Feudal Tenure . . ., 108.
390
Eyre, Work . . ., 2034.
391
The admiral Ahmose (Early New Kingdom) declares: Then I was given ve
385
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nected with the land, but it may not have always been the case.392
A few individual landowners are quite well documented.393
Private persons often refer to their own elds in legal documents.
A typical example is in the Adoption Papyrus, where the woman
declares: If I have elds in the country, or if I have any property
in the world, . . . these shall be divided among my four children.394
6.1.1.2 The temples appear to have leased out much of their land.395
In the letter P. Berlin 8523,396 the Temple of Osiris seems to be
involved in some aspect of land tenure. The writer of the missive
leases or rents out a eld which he himself (or his wife) may be renting from the temple holdings.397 It may occasionally have been advantageous to donate or lease elds to a temple, in which case the
temple authorities still paid a certain amount to the original owner.398
6.1.1.3 Taxes or imposts, often connected with land tenure, are
naturally the subjects of legal cases or disputes. P. Valencay 1 is a
protest from the mayor of Elephantine to the chief tax-master regarding what the former considers unjust tax demands.399 This text reveals
the complicated relationship between the state, temple, and private persons, especially concerning the cultivation and taxation of
land.400
6.1.2
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332
Servitudes
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6.3
333
The husband does not seem normally to have inherited from his
(deceased) wife, nor did she inherit from him.412 While some changes
were possible in the usual sequence of inheritance, there were restrictions. Janssen and Pestman assert that the testator cannot disinherit
his children in favour of other persons, at least not without their
agreement, but he is free to disinherit some of his children in favour
of others or to allot a larger share to some than to others.413
6.3.2 The usual heirs were the children. This explains why a man
sometimes adopts his own wife as a daughter, since she could thus
inherit, with less danger of other parties contesting the transfer, as
in the Adoption Papyrus414 and, perhaps, P. Turin 2021.415 According
to Seidl, a person could inherit either through a testament or through
the customary rights of inheritance, that is, the eldest son would
normally inherit.416 He points out that it is not clear whether the
eldest son was then compelled to compensate the mother and other
children of the deceased or, rather, administered the estate in the
interests of all.417 Explicit wills are rare.418
410
213.
411
Janssen and Pestman, Bulaq X . . ., 16465. See also Allam, Papyrus Turin
2021 . . ., 24; ern, Will of Naunakhte . . ., 49.
412
Janssen and Pestman, Bulaq X . . ., 16566.
413
Ibid., 167.
414
See ibid., 166.
415
See ern and Peet, Marriage Settlement . . . See also ern, Constitution . . .;
Allam, Papyrus Turin 2021 . . .
416
Seidl, Einfhrung . . ., 57.
417
But cf. Allam, Familie und Besitzverhltnisse . . ., 36.
418
ern, Will of Naunakhte . . ., 42, lists only three testaments from the New
Kingdom (Naunakhte, Senimose, O. Deir el-Medina 108); one from the Middle
Kingdom, Kahun (pls. 1113), and one from the Old Kingdom, Wepemnofret.
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Allam, Hieratische Ostraka . . ., 160, 161 (no. 157); Allam, Verfahrensrecht . . ., 18.
See Spalinger, Will of Senimose . . ., 633. See also Thodorids, Le testament dans lgypte ancienne, 44061.
421
McDowell, Agricultural Activity . . ., 202.
422
Ibid., 205.
423
Inscription of Mes; see Allam, Les Obligations . . ., 97.
424
Eyre, Feudal Tenure . . ., 120. On the role of the rw, see also JanssenPestman, Bulaq X . . ., 16970.
425
Allam, Obligations . . ., 97, remarks that the familial patrimony may be kept
undivided following the death of the parents, citing Mes.
426
Eyre, Feudal Tenure . . ., 116.
427
Cf. ibid.
428
Janssen and Pestman, Bulaq X . . ., 168. Cf. O. Petrie 16 (Allam, Hieratische
Ostraka . . ., 232); O. DeM 225; (ibid., 1056).
420
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335
The eldest (?) son was generally expected to bury the parents.429 In
P. Bulaq 10,430 one party, who wishes to exclude his siblings from
inheriting, clearly states: Let the possessions be given to him who
buries, says the law of the pharaoh.
6.3.6 A document of exceptional importance for inheritance is the
will of Naunakhte (reign of Ramesses V).431 It belongs to a small
archive relating to the inheritance of that woman. The archive comprises four documents containing six separate texts: Document 1; the
last will of Naunakhte, outlining the special arrangements for two
sons (two texts); Documents 23: the division of Naunakhtes property; and Document 4; the two dispositions of Khauamun (second
husband of Naunakhte).
In the second text of Document 1, Khauamun and his children
present themselves (again) in court and promise to execute Naunakhtes
will exactly, which they were apparently not willing to do before.
One son, presumably unhappy with his share, seems to have disputed the will previously, but now he swears an oath arming not
to contest it again.432
In her will, Naunakhte makes a special disposition, stating which
of her children are to inherit from her.433 Naunakhte, who has been
married more than once, distinguishes her own property from that
of her current husband. She disinherits the four who failed to support her with a monthly income but expressly mentions that they
are to inherit from their father. A great concern of hers is to exclude
one of her sons in particular from further shares in her property.
6.3.7 In the Judicial Stela of Amarah,434 a married couple conrms
that their property (consisting of eld, slaves, and trees) is to go to
429
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their daughter, who has acted as a sta of old age (for the wife
and mother).
6.3.8 Texts occasionally illuminate the mechanisms of land transfer. In a letter from the Late Egyptian Miscellanies, the chief archivist
of the Treasury of the Pharaoh gives orders to his subordinates to
transfer several elds from the royal domain to a certain stallmaster. He also instructs them: Let us bring in a (special) document,
containing a copy of everything which you have done, and this
should be preserved in writing in the oce of the Granary of the
Pharaoh.435
P. Turin cat. 2070/154 II, lines 19 is apparently an inventory
of property, the items being registered with a view to a division.436
7. C
The economic conditions of the New Kingdom were rather more
conducive to the use of written contracts than earlier times.437
Numerous contracts or written agreements between parties survive
from the New Kingdom. Unfortunately, even well-preserved texts
sometimes pose almost insurmountable obstacles, obscuring the legal
relationship of the parties to each other or the legal framework in
which the transaction is conducted.438
There are provisions or contractual oaths regarding future performance, with a penalty of (usually) double for breach. The penalties for nonperformance may also include a physical punishment.439
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7.1
337
Sale
440
Malinine, Notes juridiques . . ., 1056. On Seidls principle of notwendige
Entgeltlichkeit, i.e., no title passes until corresponding compensation is given, see
Pestman, Marriage . . ., 18.
441
Van den Boorn, Vizier . . ., 18083; Menu, La Stle . . ., 9193, and
Recherches . . ., 20015.
442
Gitton, La rsiliation . . ., 73, 79, 87; Harari, Capacit . . ., 43; Gitton,
La rsiliation . . .; Menu, La Stle . . .
443
Allam, Hieratische Ostraka . . ., 8991, and Verfahrensrecht . . ., 20. A my.t-pr of
Pharaoh Seti I is inscribed at Wadi Mia; see Thodorids, Mettre . . ., 402. See
further the discussion of the my.t-pr in Spalinger, Will of Senimose . . ., 632, and
Janssen and Pestman, Bulaq X . . ., 15051.
444
Gitton, La rsiliation . . ., 68. See Allam, Zwei Schlussklauseln . . ., 19. See
also Spalinger, Stle juridique, cols. 68; Ryholt, Political . . ., 234; Van den Boorn,
Vizier . . ., 18283; Thodorids, Mise . . ., 44.
445
Spalinger, Will of Senimose . . ., 64546.
446
See Allam, Publizitt . . ., 140. This document is not a my.t-pr; see AnagnostouCanas, Colonisation . . ., 362; Thodorids, Procs relatif . . ., 61.
447
Gardiner, Four Papyri . . ., 31.
448
Ibid., 32; the text contains a clear instance of n, meaning to buy (34).
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449
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339
Loan
There are few actual explicit loan documents from the New Kingdom.461 P. Turin 1881 contains a loan of grain made at the very
high interest of some 100 percent yearly.462 P. Turin ( Journal of the
Theban Necropolis B) is a court record concerning payment or partial
payment of numerous debts.463 The court could order that a debtors
payments to his creditor be reported to the court.464 In O. Cairo
25553, it appears that the court appoints an ocial to see that the
debtor pays his debt.465 The penalty for failure to repay loans is 100
percent.466
Numerous texts record debts,467 payment, or partial payment of
debts. P. Turin ( Journal of the Theban Necropolis) may contain a
partial repayment by a woman for various objects (including a sarcophagus).468 In O. Gardiner 68, a man who has received services
in the form of the engraving of a bowl swears in public (apparently)
458
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Hire
7.3.1 Animals
The hire of animals, especially donkeys, was common.474 O. Petrie
4 is the record of a rental dispute between a policeman and an
unnamed creditor. The donkey is returned together with a goat, representing the payment of the hire. This amount is judged too small,
and a scribe must decide upon a new amount.475 In O. DeM 62,
the owner of the donkey assures the hirer in an oath that no third
person has a claim on the animal.476 O. DeM 582 is a complaint
to the court concerning the use, without any hire agreement, of a
donkey.477
469
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7.3.2 Persons
Several Fayum papyri seem to deal with the hiring out of the services of female slaves. The slaves are rented out by the day and for
quite high prices.478 In P. Gurob Pap. II, 1 Messuia buys seventeen
days of service by one female slave and four days of service by
another.479 He purchases these days from a woman and her son.
They then swear that they have been fully paid and that compensation will be given for any days lost.480 P. Berlin 9785 is the record
of a court case between Messuia and a man who had sold his slave
womans service to Messuia in return for two cows and two calves.
There was apparently a dispute concerning the slave womans work.481
A class of texts called work journals (hrw n b3k; hrw m m/m.t)
seems to be records of such labor transactions.482 The Bryce Tablet
may also document the hire of ten days service of a slave.483
7.3.3 Lease
P. Berlin 8523 seems to imply a leasing or rental relationship.484 In
this letter the correspondent writes of tillage rights for a Kushite
cadet. Allam characterizes the Kushite as a tenant, legally authorized to farm the land because of an agreement. The addressee
receives instructions as to what to cultivate, and no rental amount
is mentioned.485 The writer says that his wife has overturned his
original decision not to rent out his elds.486 There is, apparently,
the possibility of someone objecting to the recipients cultivation of
the land, since the writer urges him to keep the letter as a testimony or proof that he has the right to do so.487 The role of the
478
Gardiner, Four Papyri . . . See also Allam, Familie . . ., 22; Lorton, Treatment . . ., 4647. The question of the ownership of these slaves is still open to
doubt, see Thodorids, Procs . . ., 9798. Thodorids believes that they belong
to the town and not to individuals. See now Navailles, Quentendait-on . . .
479
Gardiner, Four Papyri . . ., 36. See also Thodorids, Procs . . ., 5660.
480
Gardiner, Four Papyri . . ., 36.
481
Ibid., 40.
482
See Kruchten, Une notion juridique gyptienne . . ., 65, quoting Navailles,
Quentendait-on . . .
483
See Bakir, Slavery . . ., 31.
484
Allam, Implications . . . See also McDowell, Agricultural Activity . . ., 197,
200; Eyre, Work . . . . . ., 204.
485
In contrast with Late period leasing agreements, see Allam, Implications . . .,
4.
486
Johnson, Legal Status . . ., 216.
487
The same procedure is found in P. Cairo 58056; see Kruchten, Une notion . . .,
69. Cf. also Wente, LRL, 66 (P. BM 10100).
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488
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343
Homicide
Injury
Adultery501
496
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344
Theft 509
The most dramatic records of theft are the Tomb Robbery Papyri.
The penalty for theft from royal tombs was death.510 Penalties such
as mutilation and impalement befell Deir el-Medina workers who
stole from private tombs.511 Another penalty for this act, presumably
committed under mitigating circumstances, was one hundred blows.
Theft from a private individual was punishable by the return of
the stolen object together with a penalty (3wt) of two or three times
its value.512 ern publishes two short texts which contain lists of
stolen items, apparently to be returned, together with a penalty based
on the value of the items.513 The victim could possibly renounce his
claim to the penalty when the stolen goods were not found with the
thief.514 This penalty for theft from a private individual is in contrast
with the extraordinarily high penalties for theft from the state, amounting to eighty or a hundred times the value of the stolen object.515
One lady accused of using another womans property to purchase
a slave took an oath of denial, then invoked the penalty of one hundred blows and the conscation of the slave.516
506
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345
517
518
519
520
521
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346
8.5
Perjury
During the reign of Seti II, several villagers accused their foreman
of uttering blasphemies against the pharaoh. The case was heard
but, not surprisingly, the accusers recanted.526
8.7
Bribery
Curses
522
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347
laration: With regard to any king and any potentate who shall pardon him, he shall not assume the White Crown, he shall not take
up the Red Crown, he shall not sit on the Horus-throne of the
Living, and the Two Ladies shall not be gracious to him as one
whom they love.529
An example of a curse in a private legal documents is in the
Adoption Papyrus: [As for any who shall contest their rights]may
a donkey copulate with him and a donkey with his wife.530
One may also achieve security by invoking divine aid or authority.531 The god Amun, for instance, places the agreement regarding
a priestly oce between King Ahmose and Queen Ahmosenefertere
under his protection.532
9.2
Oracular Judgments
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Questions were put to the god on the bark carried by the priests.
The god would answer yes by moving forward on the priests
shoulders, while no would be indicated by a backward movement.536 The witnesses before an oracle are at least once referred to
as sr.w, nobles, ocials.537
9.2.2 Another procedure was to write down two alternative responses
on papyri or ostraka and place them before the god (e.g., O. Gardiner
103).538 The god would then answer by moving towards one of the
two responses. Such questions were naturally phrased in positivenegative form: Will one give the place to Menena as is her plan?539
9.2.3 In a few cases the god is said to speak. Although mechanical methods by means of which a priest could actually speak through
the god are not impossible, scholars seem to be most inclined to
understand this speaking in a metaphorical or gurative sense.540
According to Lorton, the oracular deity did not so much give judgments as conrm verdicts already reached.541
The potential ability of the priests to manipulate the oracular
procedure is quite clear. P. Turin 1887 indeed preserves such an
accusation.542
9.2.4 It is dicult to determine when someone would turn to the
oracular procedure for redress and when he or she would resort
rather to the courts, the qenbet.543 The same people who carried the
god about during the oracular procedure would presumably have
served on the local courts or qenbet.544 Both criminal and civil matters were brought to the oracle.545 The god might be called upon
536
Still useful is erns clear description of the procedure in Parker, Saite Oracle
Papyrus . . .
537
Janssen, Rules . . ., col. 294.
538
Allam, Hieratische Ostraka . . ., 16971. See also McDowell, Jurisdiction . . ., 25456.
539
McDowell, Jurisdiction . . ., 121.
540
Ibid., 10910.
541
Lorton, Legal and Social Institutions, 357.
542
McDowell, Jurisdiction . . ., 111. See also Lichtheim, AEL 2, 158.
543
The views of scholars dier. See McDowell, Jurisdiction . . ., 114, 116, 118, and
135. See also Tovari, Man versus Woman, 168; Janssen, Rules . . ., cols. 296.;
Janssen and Pestman, Bulaq X . . ., 146; Thodorids, Concept of Law . . ., 318;
Allam, Verfahrensrecht . . ., 89.
544
Lorton, Legal and Social Institutions . . ., 357.
545
Janssen, Rules . . ., col. 296; Allam, Hieratische Ostraka . . ., 2829, 16971,
19395, 237, and Verfahrensrecht . . ., 21 and 108.
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349
546
Allam, Hieratische Ostraka . . ., 5657 (O. Cairo 25242), and Verfahrensrecht . . ., 93.
Allam, Hieratische Ostraka . . ., 151. See also Allam, Zum Ostrakon British
Museum 5637 (victim of robbery asks god for help in identifying thief ).
548
Allam, Rolle . . ., 111. See also Kruchten, Tentative . . .
549
McDowell, Jurisdiction . . ., 122. See Allam, Remarks . . ., 111; Pirenne,
Preuve . . ., 3839.
550
McDowell, Jurisdiction . . ., 11427, 135.
551
Allam, Hieratische Ostraka . . ., 4345, and Verfahrensrecht . . ., 20.
552
McDowell, Jurisdiction . . ., 13538.
553
Ibid., 13637.
554
Ibid., 139.
555
PN is right; PN2 is wrong, O. DeM 342 (Allam, Hieratische Ostraka . . ., 117);
see Allam, Rolle . . ., 111.
556
Allam, Hieratische Ostraka . . ., 46.
557
E.g. O. Cairo 25555, Allam, Hieratische Ostraka . . ., 59.
547
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350
As in the Old and Middle Kingdoms, Letters to the Dead occasionally contain legal material.559 Problems of inheritance or family
conict especially motivate the writers. In New Kingdom P. Leiden
I 371, for example, the writer questions why his deceased wife should
be making diculties for him. He even threatens to go to court
against her if she does not mend her ways. The widower concludes
by emphasizing his good treatment of her when she was ill.560
B
Allam, S. Bevlkerungsklassen, L 1, cols. 76875.
. Familie, soziale Funktion, L 2, cols. 1013.
. Familie (Struktur), L 2, cols. 10413.
. Gerichtsbarkeit, L 2, cols. 53655.
. Recht, L 5, cols. 18287.
. Eine Abstandsurkunde aus der Zeit des Neuen Reiches, JEA 53 (1967)
4750.
. Zum Ostrakon British Museum 5637, JEA 53 (1967) 5962.
. Zwei Schlussklauseln zur bertragung eines Rechts Alten gypten, BiOr
24 (1967) 1420.
. Sind die nichtliterarischen Schriftostraka brouillons? JEA 54 (1968) 12128.
. Zur Gottesgerichtsbarkeit in der altgyptischen Arbeitersiedlung von Deir elMedineh, MDAIK 24 (1969) 1015.
. De la divinit dans le droit pharaonique, BSFE 68 (1973) 1730.
. Das Verfahrensrecht in der altgyptischen Arbeitersiedlung von Deir el-Medineh. Tbingen:
Im Selbstverlag des Herausgebers, 1973.
. Hieratische Ostraka und Papyri aus der Ramessidenzeit. Tbingen: Im Selbstverlag
des Herausgebers, 1973.
. An Allusion to an Egyptian Wedding Ceremony? GM 13 (1974) 911.
. Zur Tempelgerichbarkeit zur Zeit des Neuen Reiches, ZS 101 (1974) 14.
. Les obligations et la famille dans la socit gyptienne ancienne, OA 16
(1977) 8997.
. Un droit pnal existait-il stricto sensu en gypte pharaonique? JEA 64 (1978)
6568.
. Die Rolle der Gottheit im Recht, Das Altertum 25 (1979) 10312.
. Quelques aspects du mariage dans lgypte ancienne, JEA 67 (1981) 11631.
558
559
560
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361
MESOPOTAMIA
1
The law codes have been most recently edited and translated by Roth, Law
Collections . . . See also Driver and Miles, Babylonian Laws . . . (legal commentary on
LH), and Yaron, Eshnunna . . . (legal commentary on LE).
362
1.2 Edicts
2
Edited by Kraus, Verfgungen . . .; also Hallo, Slave Release . . . Cf. Lieberman,
Reforms . . .
3
References to the letters are mostly to the series in which they are edited:
Altbabylonische Briefe (AbB).
4
Studied by Van de Mieroop, Archive. . . . See also Charpin, Archives . . .;
Goetze, Archive of Atta . . .
363
party and retained in the archives of the latter, as proof of the rights,
mostly property rights, that were thereby established.5
1.5 Scholastic documents
These were exercises in Sumerian produced in the scribal schools
that used legal material as their base. They were of two types, the
rst being model court cases, that is, literary accounts of celebrated
trials.6 Unlike the litigation records, their purpose was purely academic. A murder trial, for example, recounts the arguments for and
against convicting a wife for complicity in her husbands murder.7
The second type was legal exercise tablets containing a mixture
of casuistic laws of the kind found in law codes, contractual clauses,
and legal phrases of the kind found in later lexical texts.8
1.6 There are a large number of miscellaneous non-legal sources
from which indirect knowledge may be gained about the law in practice. Most prominent among these are private letters and administrative or accounting records; occasionally, prayers and omens may
contain information of legal interest. For example, the prayer of an
unrequited creditor provides us with valuable information about marriage law and litigation.9
2. C A L
2.1 Organs of Government
2.1.1 The King
In this period Mesopotamia was divided into a number of kingdoms
ruled by hereditary monarchs. The kings power was not absolute
but, in theory at least, was subject to the rule of law. The legitimacy
5
Studied by Dombradi, Darstellung . . ., see also Leemans, Textes palo-babyloniens . . .
6
Reviewed by Hallo, A Model Court Case . . .
7
Jacobsen, Homicide . . .
8
Such as LOx, SLEx, and SHLF, edited by Roth, Law Collections . . ., 4054. ana
ittiu, often cited for this period, is a lexical text from the Neo-Assyrian period (=
MSL 1). It undoubtedly reects earlier traditions but is not reliable as independent
evidence.
9
UET 6 402 = Charpin, Clerg, 32627.
364
10
11
12
13
365
14
Correspondence with the former is collected in AbB 2 and with the latter in
AbB 4.
15
Walters, Water for Larsa.
366
16
Stol, Studies, 80. Against the idea of an annual term of oce, see Charpin,
Marchands . . ., 64, n. 86.
17
See, e.g., Goetze, Tavern Keepers . . .
18
Ishikida, Dispute Management . . .
367
19
368
otherwise, there was no special term for a court of law, which was
usually referred to simply as the judges.
2.1.4.6 The oce of judge itself may well have been permanent,
since the title judge was appended to personal names even in nonlitigious contexts, indicating a professional or at least an honoric
status. The court need not, however, consist of titular judges. The
city elders and mayor functioned as a local court, sometimes joined
by the local merchants association (krum). Titular judges, royal
ocials, and possibly even laymen might be joined together to form
a court (AbB 2 106). In the same way, royal ocials might supplement a local bench, such as that of the city elders.
2.1.4.7 The criteria for composition of a particular bench are not
known, nor is it clear whether the choice was in the litigants hands.
The courts of certain local centers such as Nippur enjoyed special
prestige (AbB 11 7; 11 159).
2.1.4.8 In earlier records from Babylonia, judges are often found
sitting in a local temple, although there is no indication that they
were priests or applied religious law.23 The one case in which priests
join the local bench involved a theft from their temple (TCL 11
245 = Wilcke, Diebe . . ., 59).
2.2 Functions
2.2.1 Compulsory Service 24
One of the main points of contact between the government and its
subjects arose from the obligation upon free citizens to perform certain services (ilkum) for the palace. There were two main types of
service.
2.2.1.1 Corve (tupikkum)
Persons were summoned to do forced labor on public works, especially maintaining the canals and harvesting, for a set number of
days in the year.25 It is probably to this labor that Lipit-Ishtar refers
23
24
25
369
26
27
28
370
There are no cases where a slave was a litigant (except where the
issue was his slave status). In one case where a slaves business transaction was at issue, it was his mistress who litigated (OLA 21 24;
cf. BE 6/1 103 = UAZP 273).
3.2 Procedure
A standard procedure applied to all private actions, with slight variants according to the nature of the cause. Formal proceedings could
begin prior to the trial, with a claim before witnesses, followed by
a rebuttal.29 If no settlement was reached at this stage, one or both
parties (not necessarily the original claimant) would approach the
judges.30 In cases concerning debt or crime, the claimant would
seize the other party and bring him before the court.31 This could
happen in other causes also, but in property disputes and the like
was probably little more than a formality. In one such case, both
parties seize each other (CT 2 43:14).
3.2.1 For the most part, it seems that parties relied on self-help to
bring their opponent to court. Nonetheless, the courts did have powers to order the appearance of parties, on the basis of a unilateral
application. In ARN 163, the king (sitting as a court of rst instance)
dispatches a soldier to fetch the defendant to a claim of non-payment brought by a female litigant (cf. AbB 2 19). Although it is not
clear what executive mechanism they relied on, local courts also had
this power (AbB 9 268; 11 158).
3.2.2 The trial proper began with a reiteration by the parties of
the formal claim and rebuttal, after which evidence was presented.
The procedure was partly adversarial and partly inquisitorial. On
the one hand, the parties were responsible for presenting their case
and marshaling their evidence. On the other hand, the court had
extensive powers to summon witnesses on its own initiative and to
interrogate witnesses. By far its most important powers were with
29
371
32
372
losing party but upon any party who might be tempted to disturb
the judgment by raising a claim in connection with its object, and
it could be imposed on both parties and even on relatives who could
claim through them.35 The promissor also had to draft a tablet of
forbearance (uppi la ragmim) as evidence of the trial, the verdict and
the fact of the oath.
The existence of this oath led Lautner to suggest that the courts
decision was not binding; only the oath made it so.36 The oath is
only imposed, however, after other court orders, such as for restitution, have been made and penalties imposed.37 It is more plausible, therefore, that the oath was a supplementary measure. It allowed
the court to impose a heavier penalty and raised the possibility of
divine sanctions.
3.2.4 While there was no formal system of appeal, there were two
channels open to a dissatised litigant. In CT 29 423 (= Wilcke,
Diebe . . ., 65), the plaintis did not accept the courts decision to
impose a particular oath on the defendants. They therefore convened a second court, with mostly the same judges. They did not
accept the second judgment either, however, which left them only
with recourse to a higher authority, the king (see further below).
Rejection of the decisions of the two lower courts did not mean that
they were not binding, however, merely that the plaintis had not
yet exhausted their remedies within the system.38
3.2.5 The court could execute its judgments. In YOS 2 25:1720
(= Westbrook, Marriage Law . . ., 13637), the court, having made a
restitution order in favor of M., a female litigant, adds: We have
sent a soldier with herlet them give M. anything that is now to
be seen. Self-help was available to judgment creditors, in the form
of distraint (see 7.4 below).
35
373
3.3 Evidence
There were two forms of conventional evidence: witnesses and documents; and two supra-rational methods: the oath and the ordeal.
There were also evidentiary presumptions, for example, according
to LE 40, the inability of a buyer to establish the identity of his
seller is regarded as proof that he is a thief.
3.3.1 Witnesses
Witnesses could be male or female; slaves are not attested. They
could give evidence on the basis of local knowledge (VAS 18 1:53
67 = Westbrook, Marriage Law . . ., p. 135). Hearsay evidence was
apparently admitted: A. swore: I heard B. (the accused)s brother
C. say: The piece of cloth which B. is wearing was stripped from
the body (statue) of Nin-Marki (TCL 11 245:2028 = Wilcke,
Diebe . . ., 59).39 Testimony was initially given without oath; the
court would interrogate the witnesses and then decide whether to
send those of one side to conrm their account under oath.
It sometimes happened that witnesses did not corroborate the
claims of the party who called them. When witnesses for the plainti
were unable to answer a key question as to the status of the person
in dispute, the judges threw them out (BBVOT 1 23 = Wilcke,
Freiheit . . .). In BE 6/2 58 (= Westbrook, Marriage Law . . ., 116)
female witnesses called by a reluctant groom not only failed to conrm
his accusations against his bride; they conrmed her accusations
against him. In CT 8 12b (= UAZP 260), the plainti s witnesses
evidently conrmed the defendants version, for the court ordered
the defendant to swear an oath as the (plainti s) witnesses swore.40
3.3.2 Documents
Documents could be persuasive evidence but were not decisive. They
recorded oral legal transactions and might be incomplete, inaccurate, or fraudulent. Witnesses were often required to testify as to the
authenticity of documents.41 They were, nonetheless, prima facie
39
Cf. the witness statements in PBS 5 100: see Roth, Reading Mesopotamian
Law Cases . . ., 25660, 26977.
40
Lines 1416, following the analysis of Loewenstamm, Cumulative Oath. . . .
41
E.g. CT 2 47 = UAZP 261 (claim that testament forged by beneciary); BE
6/2 49 = UAZP 298 (which of two testaments was the later and therefore valid).
374
evidence, and the burden of proof would be on the party challenging the document (TCL 1 157:3241 = UAZP 280). The document
was regarded as a safeguard against witnesses lapse of memory due
to the passage of time (RA 91, 13545). To guard against tampering, legal documents were usually enclosed in an envelope on which
the text was repeated and the obligated party and some of the witnesses impressed their seals. If any question arose as to the text, the
envelope could be broken open in court. On the other hand, tablets
could be lost, in which case a new tablet would need to be authenticated, based on the testimony of the witnesses to the original (CT
47 63).
3.3.3 Oath
3.3.3.1 The declaratory oath was a solemn curse that the taker
called down upon himself if his statement was not true. It was mostly
taken in the name of the local city god, at the Temple, before a
sacred emblem of that god. One ceremony apparently required the
oath-taker to pull out (nasum) the emblem from its holder. The
sacred emblem could come to the court, or to the land in dispute.
The oath-taker could establish its boundaries by carrying the emblem
around them.42 The content of the curse is known only in one case,
where the borrower of silver for his betrothal payment calls down
leprosy, poverty, and (appropriately) childlessness upon himself (UET
6 402 = Charpin, Le Clerg dUr . . ., 32627). The content of the
statement was prescribed by the court (RA 91, 13545). When taken
by a litigant, it could be addressed in the second person to the opposing party (UET 6 402; RA 91, 13545).
3.3.3.2 The law codes list many circumstances in which the oath
is prescribed, but no general principles can be discerned. Inadequacy
or unavailability of other evidence could be a factor (OECT 13 191:
transaction long in the past; RA 91, 13545: witnesses no longer
remembered the details), or the credibility of one party (WO 8/2
(1976) 16061).
42
E.g. Jean, Tell Sifr 71 = Charpin, Archives . . ., 188, 254. See Harris, Divine
Weapon. . . .
375
43
See Leemans, Le faux temoin . . .: an oath proved to be false is called theft
of god and king.
44
See Durand, Ordalie . . ., for the Mari material. From the mention of carrying a millstone, Cardascia concludes that they did not swim but waded across
the river (Lordalie uviale . . ., 28184). Cf. Heimpel, Hit . . . Frymer-Kensky
claims that the ordeal at Elam was a drinking trial (Suprarational Procedures . . .,
11520).
45
In AbB 8 102, a man clears himself of an accusation by the palace, somewhere between Eshnunna and Babylon.
376
injury and theft (254, 256)46 and a boundary dispute (249). In Elam,
it seems to have been used for disputes over property and inheritance.
3.3.4.3 As with the oath, use of this procedure was probably a matter for the courts discretion. In the sources from Elam, it is stressed
that the ordeal was undergone freely and voluntarily (e.g., MDP 23
242:15 ina ubtiu ina nar"amtiu), but it could still have been ordered
by the court. The subject could refuse to undergo the ordeal, thereby
losing the case.
3.3.4.4 The reasons for using the ordeal are unclear. It had the
advantage of giving an immediate divine judgment, whereas with the
oath, divine punishment would have to be awaited. It may also have
been the last resort when all other attempts to ascertain the truth
had failed. In CT 29 4243, after the plainti had twice rejected a
judgment based on the oath, the king sent the parties to the river
god, the judge of truth.47
4. P S
4.1 Citizenship
4.1.1 AS 3, 5, 6, and 9 annul the debts of an Akkadian or Amorite.
This phrase appears to base citizenship upon an ethnic criterion,
either limiting it to the two groups in question or including all native
inhabitants by way of merism. A second criterion is found in the
same document, that of place of birth. The phrase son of GN is
commonly used to designate a freeborn native of a city. AS 20,
which directly decrees release from debt slavery, is directed to the
natives of particular cities: a son of Numhia, a son of Emut-balum,
a son of Idamaraz, etc. A similar slave-release provision in NBC
8618 (= Hallo, Slave Release . . .) adds to the list a son of the
land (mr mtim), a phrase which is used in LH in contrast to a
son of another land, a foreigner (28182). This suggests that the
lists of cities are synecdochic for the whole of Babylonia.
46
Lafont argues, contrary to Durands explanation (LOrdalie, 515, 534), that
254 concerns two charges: severely injuring a slave woman by beating and misappropriation (AEM 1/1 254 . . .)
47
Following the reading of Wilcke, Diebe . . ., 77, n. 106.
377
4.1.2 The debt and slave release provisions were a privilege conned
to native subjects but at the same time they reveal that slavery was
not incompatible with citizenship, although it might prevent the exercise of citizenship functions. According to LH 280, sons of the land
who are slaves and somehow nd their way abroad, where they are
purchased and brought home, may then be reclaimed by their local
owner. King Samsu-iluna forbade the purchase of a male or female
slave, a son of Idamaraz or a son of Arrapum, from the Sutean
nomads (AbB 3 1). Since the order refers to men and women alike,
gender was not a factor in citizenship.
4.1.3 A foreigner could acquire a protected status from the local
ruler and thus become a resident alien (ubrum). LE 41 protects the
resident alien along with other categories of outsider from economic
exploitation by a taverness.48
4.2 Class
Free persons fell into two main social classes, the awlum (Sum. l)
and the muknum (Sum. ma.en.kak), which may be roughly designated as gentleman and commoner, respectively. awlum was used
for gentleman (Herr, monsieur) in polite parlance; muknum could
be synonymous with wretched. Otherwise the distinction is problematic, both socially and legally.
4.2.1 In the law codes, awlum was used generically, to mean someone, with no further specication of status or profession. Thus most
of the provisions begin: If an awlum . . . In a few paragraphs, however, when contrasted with muknum, it refers to a narrower category, higher in wealth or social standing, or both (LH 196223).
4.2.2.1 muknum in the law codes was used in three ways:
1. in a context which suggests nothing more than someone, as
with awlum. Thus in LE 12 and 13 he is the householder or
landowner who seizes a burglar on his property and in 24 a man
whose wife or son has been wrongfully distrained.
48
378
2. in connection with the palace. LE 50 and LH 8, 15, 16 penalize the theft or misappropriation of slaves and movable property
of the palace or of a muknum; LH 17576 concern the marriage
of a free woman (the daughter of an awlum) to a slave of the
palace or of a muknum; LE 34 invalidates the illicit adoption of
a child of a palace slave woman by a muknum.
3. in contrast with an awlum. LH 13940 prescribe a lower divorce
payment if the divorcing husband is a muknum; 196223 prescribe lower penalties for physical injury if the victim is a muknum
or a muknums slave and lower payments for surgical procedures.
4.2.2.2 muknum is also mentioned in the context of debt-release
decrees. In AS 15, he is among a list of tenants of crown land who
are given release from certain payments, alongside (perhaps in contrast to) lords and nobles.49 A letter reports the annulment of the
debts of soldiers, shermen (two types of feudal tenant), and
muknums (TCL 17 76 = Kraus, Verfgungen . . ., 6667).
4.2.2.3 On the basis of these data, Speiser saw in the muknum a
dependant of the palace, who came under its protection because of
his special services to the state.50 Kraus proposed a relativistic approach:
awlum as an ordinary citizen included muknum but expressly excluded
him when a distinction was to be drawn between upper and lower
classes of citizen. From the viewpoint of the palace, however, every
citizen, including a member of the upper classes, was a subject, for
which the term muknum was more appropriate. Hence in provisions
concerning both public and private property, the two spheres were
delineated by the terms palace and muknum.51
Both explanations provide a rationale for use of the term muknum
in conjunction with the palace or with awlum, but not in provisions
where it was used alone (e.g., LE 1213). In particular, the muknum
who suers from illegal distraint in LE 24 appears to be identical
with the awlum in paragraph 23, which is part of the same law.
49
379
380
4.4 Slavery 54
4.4.1 Terminology
Identication of the legal status of slave is complicated, as in other
periods, by the terminology. The terms for slave (Akk. wardum; Sum.
r) and female slave (Akk. amtum; Sum. gem) might be used to designate any hierarchical inferior. Free citizens were sometimes referred
to as slaves of the king (e.g., LH 129). In particular, royal courtiers
were referred to in this way: the gentlemen, slaves of the king
(awl ward arrim: AbB 3 52:27). Even the term slave of the palace
(r .gal) might sometimes refer to a free man who was merely in
the service of the king (e.g., AbB 4 118). Slave was also used as
a modest form of self-reference, for the purposes of etiquette. Further
terms used in this period are boy (urum) and girl (urtum).
4.4.2 Categories
The legal condition of slaves depended upon a number of distinctions.
4.4.2.1 Debt Slaves and Chattel Slaves
Debt slaves were free persons who had entered slavery by reason of
a debt (see below). They were alienable, but their slavery was conditional upon the existence of the debt and would be terminated
with its extinction, for whatever reason. Chattel slaves were slaves
who had entered slavery on any other basis and whose slavery was
in theory permanent and unconditional.
4.4.2.2 Native and foreigner
Citizenship and slavery were not incompatible (see 4.1.2 above), but
in theory no native subject could be enslaved against his will, or at
least against the will of the person under whose authority he was,
for example, a parent. For a foreigner, no such scruples applied.
Furthermore, many measures of social justice whereby slaves were
released applied exclusively to natives.
4.4.2.3 Special rules applied to the female slave in respect of her
sexuality and reproductive capacity.55 Several types of arrangement
are attested.
54
55
381
382
for example, a standard penalty upon the adoptee for dissolving the
adoption was to be sold as a slave.
4.4.3.3 The courts had the power to impose slavery for non-payment of debts arising from wrongdoing. According to LH 53, where
a landowner who by his negligence had ooded all his neighbors
elds could not meet the cost of compensation, they could sell him
and divide the proceeds.
4.4.3.4 In slave-sale documents, it is occasionally noted that the
slave is houseborn.57 The ospring of a female slave belonged to
her owner no less than the ospring of the owners herds. The child
normally had no paternity and would be designated, if at all, by a
matronymic.58 From a purchasers point of view, houseborn was a
desirable status, being less likely to be encumbered with the claims
of third parties or claims to freedom. AS 21 specically excludes the
houseborn slave from its slave-release provisions. LE 33 considers
the possibility that the slave mother may attempt to deceive her
owner by giving her child to a free woman. It rules that if ever the
owner traces the child, he may reclaim him, even when fully grown.
On the other hand, LH 175 rules that an owner may not claim as
a slave the issue of a marriage between his male slave and a free
wife.59
4.4.4 Treatment
4.4.4.1 A distinctive mark called the abbuttum might be placed on
the slave. Its exact nature is disputed; it may have been a distinctive hairstyle or a brand or mark.60
In contractual penalty clauses, marking with the abbuttum often
precedes sale as a slave. It may have been an indication that the
person would become a chattel slave, not subject to redemption. It
is particularly prevalent in clauses penalizing dissolution by the
57
383
adoptee. The point would have been that the adopter then sells the
adoptee not as his son (who might be redeemed) but as a slave.
Nonetheless, by no means all chattel slaves were so marked. It appears
to have been used when the status of the slave might be called into
question or when it was feared that the slave might run away. In
LH 146, the slave concubine who, having borne children, makes
herself equal to her mistress, is not sold but marked with the abbuttum and counted among the slave women. Her status, which she
previously challenged, is thus placed beyond doubt. In LE 51, a
slave bearing fetters, chains, or an abbuttum may not pass out through
the city gate without his owner, presumably because he has shown
a propensity to run away.
4.4.4.2 According to LH 282, an owner may cut o the ear of his
slave who has denied his slave status. Ironically, this suggests limits
on the owners right to discipline his slave, since he is allowed to
inict only a specic punishment and only after proof of his slaves
status in court.61 A letter from Mari reports that an owner gouged
out the eyes of his runaway slave but could not execute him without an order of the king.62
4.4.4.3 Oenses by slaves against third parties occasionally merited
special punishment, for example, cutting o an ear for slapping the
face of the son of an awlum (LH 205).
4.4.4.4 From LH 176a, we learn that a slave could conduct transactions and accumulate property on his own account, although it
would ultimately return to the owner on his death. Further indications of a slaves peculium are found in litigation records. In BE 6/1
103 (= UAZP 273) a slave lends grain said to be his and later wrongfully recovers it from the debtor, together with a co-creditor. It is
the co-creditor who appears in court and is made liable for payment, while allusions are made to the slaves owner which suggest
that the transaction was made with his authority.63 In OLA 21 24
61
Cf. AbB 11 60, in which a slave who made insolent remarks (miqit pm) about
his owners son is held in detention (ina ibittim), presumably pending nal punishment.
62
Lafont, Un cas royale . . .
63
Ll. 4043: If the sealed tablet . . . of A (debtor) turns up in the basket of B
(slave owner), it is (deemed) broken.
384
64
385
Marriage 68
5.1.1 Conditions
5.1.1.1 It was a necessary prior condition for marriage that there
be a contract between the groom (or his parents) and the brides
parents whereby the latter agreed to cede control over the bride to
the groom (LE 2728). Note that permission of the mother as well
as the father was required. If the bride was not under parental
authority, a contract was still necessary, with the woman herself (LH
128; cf. BE 6/2 40).
5.1.1.2 Marriage could be polygamous. A man could be married
to two sisters concurrently; otherwise there is no clear evidence on
the limits of consanguinity.
5.1.1.3 Marriage of slaves was valid, either between slaves or between
a slave and a free spouse. Marriage between slaves is considered in
the sources of this period only in terms of a married couple entering slavery together (AS 20). It was not possible for a person to be
the slave and legitimate spouse of their owner at the same time.69
5.1.2 Formation
There were at least four possible stages in the formation of marriage.70
67
386
387
immediately come to live in the grooms fathers house until the couple were old enough for completion, an arrangement known as
daughter-in-lawship (kalltum).74
5.1.2.3 Claiming at the house of the father-in-lawa ceremonial
act whereby the groom (in the rst type of betrothal) claimed his
bride, based on his full payment of the teratum.75
5.1.2.4 Completion of marriage. Although in practice it appears
that completion was attended by elaborate wedding ceremonies, there
is some ambiguity as to the exact legal act completing marriage.
There are three possibilities, all of which have some evidence in
their favor: (a) transfer of the bride to the grooms house, which
would obviously apply only to the rst type of betrothal;76 (b) sexual intercourse;77 (c) a solemn declaration by the groom (and possibly the bride): You are my wife/husband or the like.78
5.1.2.5 If, without justication, the groom refused to complete the
marriage, he forfeited the teratum and any other payments that he
had made (LH 159). If the brides father refused to give his daughter in marriage, he was required to restore double the teratum and
other payments received (LH 160). If his refusal was instigated by
a faithless companion of the groom, the latter was prohibited from
then marrying the bride instead (LL 29; LH 161).79 If the bride herself refused to marry, she probably forfeited her dowry, but if her
refusal was by reason of her own misconduct, she suered the death
penalty.80 Death of the groom or the brides father annulled the
obligation to complete, but possibly not death of the bride, at least
if her father could provide a substitute.81
74
See LH 1556; CT 8 7b; CT 48 22:48; see Westbrook, Marriage Law . . .,
3638.
75
ana bt emim asm. Possibly, the phrase means to claim for the bridal chamber: see Finkelstein, ana bt emim . . .; Westbrook, Marriage Law . . ., 3941.
76
Koschaker, Rechtsvergleichende Studien . . ., 11617, and Eheschliessung . . ., 114.
77
Landsberger, Jungfrulichkeit . . ., 7881; Malul, illm parum . . .
78
Greengus, Marriage Contract . . ., 51423.
79
On the function of the companion, see Malul, Susapinnu.
80
LH 14243. For this interpretation, see Westbrook, Marriage Law . . ., 4547.
Other commentators regard these paragraphs as concerning dissolution of a completed marriage, e.g., Yaron, Eherechten . . ., 68, 7374.
81
See Westbrook, Death . . ., 3236.
388
5.1.3 Divorce
5.1.3.1 Form
Marriage was (in theory) dissoluble at will by a unilateral declaration. One exception, where the court could bar divorce, is mentioned in the law codes; if the wife was stricken with a chronic
disease (LL 28; LH 148). The formula of the declaration was You
are not my wife(/husband). There is also reference in a few documents to cutting the hem of the wife. This act may have symbolized divorce in addition to or instead of the formula, or it may
have referred to some collateral issue, such as marital property.82
Where a husband married a second wife while his rst was incarcerated for debt, it seems to have been regarded as constructive
divorce, although the report may have omitted mention of the formalities (RA 91, 13545).
5.1.3.2 Consequences
Although no grounds were necessary for divorce, the consequences
diered, depending upon (a) justication, (b) whether there were children of the marriage, and (c) the terms of the marriage contract. If
there were no children and a husband divorced his wife without
grounds, he had to return her dowry plus a sum equal to her teratum
(LH 138). If no teratum had been paid, a sum of sixty shekels for
an awlum or twenty for a muknum was set (139). In practice, however, the marriage contract would contain a penal clause xing the
amount of the divorce payment (uzubbm). If there were children, LE
59 rules that the husband forfeits all his property and is expelled
from the house. LH 137, considering a polygamous marriage, awards
the divorced wife one half of her husbands property together with
return of the dowry. She must leave the house but has custody of
the children, for whose upbringing the nancial award is intended
to provide.
If the husband had good grounds (which obviously would involve
proof in court), he could expel the wife without compensation and
even keep her dowry. Justication could be adultery, if the husband
chose to forego his right to a harsher penalty (see 8.3.1.1 below)
82
CT 45 86; Greengus, Ischali 25; Meissner BAP 91; Newell 1900; VAS 8 910.
See Westbrook, Marriage Law . . ., 6971; Malul, Symbolism, 197208.
389
83
390
5.1.5 Polygamy
5.1.5.1 Legal sources on polygamy are conned to bigamous marriages. A complicating factor is that many concern the special classes
of nadtum and ugtum (see 9 below). Nonetheless, the general principles would seem to have applied mutatis mutandis.
5.1.5.2 In theory, there need not have been any legal relationship
as between the two wives. In practice, both the law codes and marriage contracts were at pains to establish legal bonds and a hierarchy
of status. The two explicit relationships were sisterhood and slavery.
5.1.5.2.1 Sisterhood might arise naturally, when a man married two
biological sisters (TIM 4 47), or by the rst wife adopting the second as a sister (Meissner, BAP 89). The legal result was that their
ospring were regarded as the children of both. The second sister
was usually subordinated to the rst. Indeed, a natural sister might
be made the slave of her senior sibling. She could even be included
in the latters dowry (CT 45 119 = Wilcke, Bigamie . . .).
5.1.5.2.2 The second wife could be the slave of the rst, often given
by the rst to her husband (CT 8 22b). The ospring of a slave
belonged to her mistress; at the same time, they were regarded as
the free, legitimate issue of their father, since as regards her husband the second wife was not a slave.
5.1.5.3 Relations between the two wives could also be regulated by
contractual clauses. For example, loyalty was demanded of the second wife: With whom she (W1) is hostile she (W2) will be hostile;
with whom she is friendly, she will be friendly (CT 48 48).84
5.1.5.4 The law codes lay down certain conditions for the taking
of a second wife. LL 28 and LH 148 permit it when the wife is
suering from certain (presumably incurable) diseases, and LH 141
when the husband would be entitled to divorce his wife for misconduct but chose not to. If, as these paragraphs infer, a husband
84
zenia izenni salmia isallim. Not following Westbrook, Marriage Law . . ., 109.
Weinfeld has demonstrated the connection with similar phrases in loyalty oaths
(Covenant . . ., 194).
391
could not take a second wife at will, but needed special justication,
it may well have been that the basic condition was consent of the
rst wife.
5.2 Children
5.2.1 The father retained ownership of the family estateand thus
a considerable instrument of authorityuntil his death, but a mother
only retained control of family assets and authority over her children
until adulthood (LH 137). The same would apply to a stepfather
if the widow remarried (LH 177). LH 172 envisages the possibility
of adult sons coercing their widowed mother to leave the family
home.
5.2.2 LH 195 prescribes that if a son strikes his father, his hand
is to be cut o.
5.2.3 LH 117 allows a father to sell or pledge his children to cover
a debt. On the other hand, he may not disinherit his son without
showing cause to a court (LH 16869). Children could therefore
only be sold in cases of dire necessity.
5.2.4 Lipit-Ishtar states in the prologue to his law code: I made
the father support his children, I made the child support his father . . .
(LL ii 1624). No further details are supplied by any of the law
codes. Adoption contracts, on the other hand, frequently stipulate a
duty of support of the adopter by the adoptee, sometimes even specifying amounts of annual rations.85 Presumably, they are aping a
duty of support that was regarded as too self-evident to require mention in the context of the natural relationship.
5.3 Adoption86
5.3.1 Adoption was expressed by the phrase to take for sonship/
daughtership (ana mrtim/mrttim leqm) and was performed by the
adopter making a formal declaration: (You are) my son/daughter!87
85
392
88
Yaron, Varia . . .; Malul, Adoption . . . 10610; Westbrook, Adoption
Laws . . ., 19597; cf. Wilcke, ilip rmim . . .; Veenhof, ilip rmim . . .
89
See Stol, Care of the Elderly . . ., 5984.
90
E.g., CT 4 42a = UAZP 23.
91
See Stone and Owen, Adoption . . ., 25, 8, Table 3.
393
92
394
palace. The latter was made to ocials, merchants, and even nadtums (LH 40) in return for a rent, but when granted to military personnel in return for their service, special rules applied. Their tenure
was linked to their ability and willingness to perform military service. Hence it did not amount to full ownership but still gave the
holder more security than a private tenant. If captured while on military service, the soldier (redm) or sher (b"irum) could be assured
of its restoration to him after his return (LH 27). In the meantime,
his son could replace him, but if too young, a part at least was
reserved for the wife so as to be able to raise him (LH 2829). If
he abandoned his holding, another could take his place, provided
he undertook the service, but a three-year period of grace was allowed.
On the other hand, the holding was inalienable: neither a soldier,
a sher nor even a bearer could validly sell or exchange the
land, or give it to his wife or daughter (LH 3638, 41).
6.2 Servitudes 97
6.2.1 Three rights over neighboring land are recorded: to exit from
a building to the street (mm), to take water from an irrigation
canal (maqtum), and to drive a nail into a wall (sikkatam retm) or to
x a beam in it ( guram ummudum). These rights were created either
by a grant of joint ownership in the door, canal, or wall, or by a
concession of the right in the contract of sale.98 It is not clear whether
the latter was a proprietary right or merely a personal right as
between the parties to the contract.99
6.2.2 A party wall was deemed to be jointly owned, regardless of
who built it, provided that the other neighbor paid his share of the
cost. Sole ownership could be created by one party giving (iq )
the building costs to his neighbor.100
6.2.3 Similar to a servitude was the duty to maintain ones land
so that it would not provide a burglar access to a neighbors prop97
Lautner, Grenzmauern . . .
Ibid., 8294; contra Landsberger, MSL I 21819.
99
Lautner, Grenzmauern . . ., 8890, considers it a purely personal right, but
the logic of the situation would suggest that both the benet and the burden passed
to successors in title.
100
TCL 1 87/88 = UAZP 198; Lautner, Grenzmauern . . ., 81.
98
395
erty and to indemnify the neighbor for any loss caused by failure
to do so (LL 11; LH e).
6.3 Inheritance101
Male and female lines of inheritance diered in principle. Sons were
entitled to inherit the paternal estate (called the house of the father)
on the death of the father. They could only be disinherited for cause
(LH 16869). Daughters received a share of the paternal estate by
way of dowry upon marriage. In law, at least, the grant of a dowry
was not obligatory. There were many exceptions to this basic pattern.102
6.3.1 Male Inheritance
6.3.1.1 The primary heirs were legitimate sons of the deceased. If
the fathers rst wife died and he remarried, the sons of both marriages were equally entitled (LL 24; LH 167). If a son predeceased
his father but had sons of his own, the latter would take his place
(e.g., BE 6/2 32 = UAZP 191).
If a man died leaving no legitimate son (or grandson), his unmarried daughters would inherit (LL b). In the absence of legitimate
ospring, his son by a prostitute could inherit (LL 27). The next
rank of heir by default is likely to have been the deceaseds brothers, as in the previous period. His widow did not inherit by default.103
6.3.1.2 The estate included all the deceaseds assets, real and personal, expressed as from cha to gold (itu p adi urim). It also
included his debts ( JCS 8, 13738:3336; LH 12).
6.3.1.3 The heirs automatically became joint owners of the whole
estate, which they would then proceed to divide. Division was carried
101
Klima, Erbrecht . . .; Driver and Miles, Babylonian Laws, 32458; Kraus, Erbrecht . . .
102
The law codes use Sumerian terminology, which can be ambiguous as to gender. dumu means son (Akk. mrum) and dumu.mi2 means daughter (Akk. mrtum), but especially in the plural, dumu can be gender non-specic. Nonetheless,
dumu is paradigmatically a son and should be taken as such unless the context
demands otherwise. It should be noted that Sum. ibila/Akk. aplum can mean son,
heir, son-and-heir, or rst-born son, depending on context. Only rarely could
it be interpreted as applying to female heirs. See Kraus, Erbrechtliche Terminologie . . ., 1824.
103
Cf. Kraus, Erbrecht . . ., 16.
396
104
Jean, Tell Sifr 44:4647. The Akkadian for lot (isqum) could also be used
to indicate the inheritance share itself (MDP 24 339).
105
See Kraus, Erbrecht . . ., 12; Charpin, Archives . . ., 36.
106
Kraus, JCS 3, 220; Charpin, Archives . . ., 175.
107
Archives . . ., 178.
397
398
399
113
400
119
120
121
122
401
123
402
7.1.2.2 A few documents record the receipt of silver for the purchase
price of a house (ana m ), with the stipulation that the balance
is to be paid within a certain number of days and a document of
sale drafted.128 There would have been no point in giving (and recording) a partial payment if it did not give the buyer some rights to
the property.
7.1.2.3 In some otherwise standard sale documents, the payment
clause contains the Sumerian form he shall pay (.l.e) instead of
the expected he has paid. San Nicol ascribed this anomaly to
scribal error,129 but it appears too often to be dismissed in this way.
7.1.2.4 Cash sale was therefore not the only recognized form of
sale in the Old Babylonian period. San Nicols observations nonetheless rightly draw attention to the emphasis in the documents on cash
sale. The reason may lie in the law of inheritance. Ownership might
pass without cash payment, for example, by gift, but the vested rights
of the heirs would restrict the recipients ownership to the lifetime
of the donor. Payment of the price would therefore be necessary to
overreach the rights of the heirs and make the buyers title permanent.
7.1.3 There are many variations, both regional and chronological,
in the standard sale formula, both as regards content and order of
clauses. There is no consensus as to the legal signicance (if any) of
these variations.130
7.1.4 Barter is not recorded, but contracts of exchange ( puum)
are occasionally found. They are always like for like, either land or
slaves, except that a prebend could be exchanged for land, being
deemed a type of real estate (BE 6/2 39 = UAZP 115). Any dierence
in value was compensated by an additional payment (nipiltum: see
LH 41).
128
Discussed by Skaist, Loan Contract . . ., 6772. They are to be distinguished
from payment to an agent for the purchase of property (see below).
129
San Nicol, Schlussklauseln . . ., 9294.
130
See esp. Wilcke, Kaufvertrge . . ., and Law of Sale . . .
403
7.2 Loan131
The documents record loans of silver or commodities with repayment of an equivalent value. Loans of items to be returned were
not regarded as worthy of record. Merchant (tamkrum) was synonymous with moneylender.
7.2.1 Terms132
The basic format A. has received (Sum. u ba.an.ti) silver/grain/etc.
from B. was sucient to document a loan. The transaction can be
identied as a loan from the repayment clause or from a technical
term dening the type of loan. The main types of loan in this period
were the following:133
ubullum (Sum. ur5.ra) was the standard, interest-bearing loan of silver
or grain, already known from the previous period.
qptum (u.l) had no interest recorded in the document, but apparently interest was charged (as the occasional note does not bear interest attests), perhaps in a separate contract. It could function as much
as a contract of deposit (of fungibles) and was often received by a middleman (LH 107; BE 6/1 103 = UAZP 273). Possibly the purpose
was to provide a fund from which further loans could be made.
ubutttum (e.d.a) also had no interest recorded. There is no evidence
to substantiate the view that the interest was discounted in advance.
ana ze/za-ra-ni was a loan of agricultural produce, usually to be repaid
in the same kind at harvest time.
napaktum was a loan of grain connected with storage. Its exact purpose is not known.
melqtum gures prominently in AS but is rare in private documents.134
It may be a more general term covering several of the above types.
tadmiqtum was a loan for investment, whereby the borrower was expected
to add value to the object of investment.
131
404
7.2.2 Interest135
The interest rate was xed by LE 18A at 20 percent for silver and
33 1/3 percent for barley.136 The same rates are frequent in private
documents and perhaps reected a customary or fair rate. Often the
rate is not stated in the document, or reference is made to true
interest (m.gi.na). There was also an interest of Shamash on
silver, which was 20 percent. Nonetheless, where stated, there are
wide variations in the rates charged.
7.2.3 Repayment137
7.2.3.1 The contract could set a xed date or reference point, for
example, at harvest time or at the threshing oor (ana makanim,
which meant at the time of threshing) or on completion of a trading journey, or require repayment on notice (ana ittiu) or on demand.
Social loans made by a temple were repayable when the borrower
was able (ina balu u almu).138 The usual repayment clause states that
the borrower shall pay the silver and its interest on the due date,
indicating that interest was payable only at the time of repayment
of the loan. Sometimes interest was payable only after default (e.g.,
ARM 8 50).
According to LH 48, if a farmers crop was destroyed by storm,
ood, or drought, he could be excused payment of interest for that
year.139
7.2.3.2 The contract could stipulate that a loan of silver, for example, be repaid with a dierent commodity at the going rate of
exchange (mar(at) illaku) at maturation. Fluctuations in the rate could
be used oppressively by lenders: LE 1921 appear to be directed
against such practices, but the provisions are obscure.140 LH u
allows a debtor who cannot repay in silver to pay in grain, referring to a royal order (imdat arrim) on the conversion rate. LE 12
contain a list of xed equivalencies between silver and grain respec-
135
136
137
138
139
140
405
tively and other commodities. If they relate to conversion payments, they may be drawn from such a royal order. If the debtor
has neither grain nor silver, LH z allows repayment (before witnesses) in other goods.141 LH x forbids the lender to use dierent
weights for disbursing the loan and for its repayment.
7.2.3.3 The creditor could claim the whole sum from whichever
joint debtor was able to pay (itti alme u kni ). The payee could be
the bearer of his document (ni kankiu). It is not clear whether
this referred to an assignee of the loan or to an agent of the creditor.
7.3 Pledge142
7.3.1 The loan contracts specify pledge of land, slaves, and family
members (including self-pledge by the debtor). There is mention of
the pledge of valuable movables in letters (AbB 8 81: a gold sundisk). It was usually given at the time of the loan, but it could also
be given at maturity, presumably in order to gain an extension.
7.3.2 Many of the pledges were antichretic, meaning that the income
from the pledge served as interest. Such a pledge was said to be
interest for the principal (m.bi.) or was designated by a technical
term (mazzaznum). Non-antichretic pledge of land might be hypothecary, meaning that the creditor only took possession on default.
7.3.3 The loan documents do not expressly stipulate forfeiture of
the pledge upon default, but its automatic application is implied by
clauses valuing the pledge at the level of the loan (the silver is like
the eld k.babbar a..gi.me.en).143
7.3.4 LH 4950 and a seek to curb the abusive application as
pledge of a type of lease that amounted to a sale of the standing
crop (esip tabal: gather and take away!) attested at Susa (e.g., MDP
141
406
23 250). The creditor was not allowed to harvest the crop himself
in order to satisfy the debt.
7.4 Distraint144
Pledge was a consensual arrangement, even if it resulted in forfeiture. The ordinary creditor could not otherwise use forcible means
to satisfy the debt. He could not sell the debtors property without
his consent nor even seize his grain by way of direct payment (LH
113). Nonetheless, he could seize and hold members of the debtors
family, his slaves, and his animals. The purpose was not to satisfy
the debt but to put pressure on the debtor to pay. To these ends,
the creditor might use harsh tactics, sometimes leading to the death
of the person distrained.145 LH 241 nes the creditor for distraining
an ox, but a letter casually mentions the distraint of three oxen (TCL
1 2:19). LH 151 bars the seizure of the debtors wife for his prenuptial debts, if her marriage contract exempted her.
7.5 Debt and Social Justice146
Valid contracts of loan, pledge, and sale could be annulled by the
courts in the interests of social justice. Three dierent measures were
employed.
7.5.1 A pledge by its nature would be redeemed by payment of
the loan. The courts extended this principle to property sold outright, where the transaction was in eect a forced sale to pay o a
debt. The seller was, under certain circumstances, allowed to buy
his property at the original price. The principle applied only to family land147 and to family members sold as slaves.148 It was not intended
to aect normal sale at full market price, only cases where the price
was in reality the amount of the loan and below the true value of
144
407
the property. Clauses valuing the pledge at the level of the loan or
higher (7.3.3 above) were presumably intended to bar redemption if
the pledge were sold on default.149
7.5.2 Family members sold into slavery because of debt could be
released without payment after a reasonable period of years, when
they were deemed to have worked o the debt (and interest). LL 14
requires proof that the slave had returned his slavery to his master . . . twofold; LH 117 sets a xed term of three years for the
debtors wife or children.
7.5.3 The marum edicts occasionally decreed by Old Babylonian
kings canceled debts outright and slavery based on debts.150 AS distinguishes between interest-bearing loans, which were cancelled (3),
and credit advanced in business transactions, which were exempt (8:
purchase price, (trading) journey, partnership, tadmiqtum). If a contract of the latter class contained a penalty clause imposing interest
after default, that clause was void, but the advance itself remained
valid (9). Free citizens pledged or sold by reason of debt were released,
which implies cancellation of the underlying debt (20). A parallel
provision of the Edict of Samsu-iluna denies release if the sale or
pledge was for the full price, the same considerations applying as
with redemption.151
7.6 Suretyship152
A surety was said to assume control over the debtor (Akk. qttim
leqm; Sum. u.du8.a u ba.an.ti), reecting his original obligation to
assure the debtors presence at a specied place on maturity of the
debt. If the debtor was dead, ed, or in default, the surety might
be liable to deliver another in his place or to perform the obligation himself.
If suretyship began at the time of the loan, the suretys obligation
was secondary: the creditor had rst to seek satisfaction from the
149
Cf. CT 45 37, where a litigant claims her predecessor in title paid full value
for land in the midst of severe economic conditions.
150
E.g., Jursa, Als Knig Abi-esu . . .
151
Text edited by Hallo, Slave Release . . .; see Westbrook, Hard Times . . .
152
Malul, Symbolism, 20952; Ries, Haftung . . .; Westbrook, Security for Debt . . .,
7983.
408
409
hire it out to a third party (LE 5; LH 237). The codes set standard
rates (LE 4; LH 239, 27577).
The contract might impose a xed penalty on the hirer for the
loss or sinking of the boat (e.g., OECT 8 13:1114). If caused by
his negligence, the hirer was liable for its full value, at least if he
was a boatman himself.158 Contracts often stipulated the route; if
deviated from, the hirer was strictly liable for loss of the boat.159
7.7.2 Persons160
Slaves could be hired like any movable, but a free man could also
hire himself (or his children) out for services. The same type of contract covered everyone from an unskilled laborer (LH 257) to a steward responsible for the running of a farm (LH 25356). The codes
set rates for the hire of persons providing dierent services. Services
could be limited in time, for example, for harvesting (LE 89), or
specialized, for example, a fuller, who was treated as a hired person although paid per garment (LE 14). The contracts often gave
longer term laborers the right to a number of days leave per month.
These self-hire contracts are to be distinguished from labor contracts,
in which local ocials contracted with managers of royal lands to
supply workers for the harvest.161
7.7.3 Services
7.7.3.1 A wetnurse was engaged for three years.162 She received
payment in rations and apparently had a lien on the child until they
were paid (LE 32). For fraudulent misconduct leading to the death
of the child in her care, LH 194 punishes her with the excision of
a breast.163
7.7.3.2 Herds were entrusted by their owner on an annual basis to
a herdsman. He accepted personal liability for the herd and was
remunerated either by a xed payment, or by a share of the herds
158
410
411
169
412
173
174
175
413
accounts were true and a promissory oath not to raise further claims
(BAP 78 = UAZP 171).
7.9 Deposit176
The rules of deposit are known to us only from the law codes; it
was not a contract customarily recorded in writing.
7.9.1 Bulk Goods
LH 121 xes the rate for storage of grain in a silo (napaktum). As
the depositors grain was not separately identiable, there was opportunity for fraud by the depositee through shortfall, abstraction, or
denial of the contract. Fraud could be established by a declaratory
oath of the depositor and led to a penalty of twofold restoration (LH
120; cf. UET 5 10).
7.9.2 Specic Goods (maartum)
LH 12324 require an agreement before witnesses.177 LH 125 makes
the depositee liable for restitution if by his negligence the depositors goods are stolen along with his own (thus eliminating the possibility of fraud) but possibly gives him the right to recover all the
stolen property as his own, if he catches the thief. LE 37 (as restored
by Landsberger) in similar circumstances appears to make the depositee liable only for fraud.178
7.10 Carriage (bultum)
Silver, gold, or commodities might be consigned to a person for
delivery elsewhere. A fee is not stated in the contract, although it
might allot the carrier rations for the journey. The contracts imposed
various penalties for late delivery calculated on the sum consigned,
for example, interest (TIM 3 118), double (YOS 12 201) or loss of
standard prot (TCL 10 98).179 LH 112 imposes a ve-fold penalty
on the carrier for misappropriation of the goods.
176
414
7.11 Contracts could be made ancillary to a status such as marriage, adoption, or slavery. They are discussed under the appropriate status.
8. CR D180
8.1 Homicide181
The law codes present a series of special cases, from which we can
conclude that the level of culpability depended upon various factors:
the mental condition of the culprit, the status of the victim (awlum
or muknum, head of household or son, daughter or slave), or the
directness of causation.182 An underlying principle of punishment
appears to have been its symbolic association with the crime, especially by talion, either in like means of death or like member of family killed (vicarious talion).
8.1.1 Premeditated
In the Nippur Murder Trial, three conspirators found guilty of murdering a man are condemned to be killed before the victims chair.183
The victims wife, who was informed after the event by the conspirators but kept silent, is condemned to death also, on the somewhat dubious grounds that her silence raised a presumption of
complicity with her husbands enemies beforehand, which was as
bad as actual participation in the deed. LH 153 reveals a similar
attitude, condemning to death by impalement a wife who caused
her husband to be killed on account of another man. The wifes
disloyalty in both cases was regarded as an aggravating factor.
A letter of King Rim-Sin of Larsa orders that a slave who threw
a boy into an oven suer the same fate himself (AbB 9 197).184
180
Renger, Wrongdoing . . .
Van den Driessche, Homicide . . .; Wilcke, Diebe . . ., 6466.
182
It is a matter of debate whether, e.g., son of an awlum refers in this context literally to a son or to a member of the awlum class. See Driver and Miles,
Babylonian Laws, 8690; Westbrook, Studies . . ., 5471.
183
A literary exercise tablet; see Jacobsen, Homicide . . ., 193204. Discussed
by Roth, Gender and Law.
184
LH 1 imposes death on the false accuser of murder (nrtum), implying that
the same fate would have been the murderers had the accusation been true.
181
415
8.1.2 Non-premeditated
8.1.2.1 A fatal blow given in the course of a brawl was not considered to be on the same level as premeditated killing. LE 47A
requires a payment of forty shekels and LH 207 one of thirty shekels
for the death of the son of an awlum in this way. LH specically
requires an oath that the blow was not intentional (as to its consequences).
8.1.2.2 For a blow to the pregnant daughter of a man leading to
a miscarriage, the codes demand a payment, varying according to
whether:
1. it was a mere push (SLEx 1: 10 shekels) or a deliberate blow (SLEx
2: 20 shekels; LL d: 30 shekels);
2. the woman was daughter of an awlum (LH 209: 10 shekels) or of
a muknum (LH 211: 5 shekels).
If the woman herself dies, LL e demands the death of the culprit; LH 210, death of the culprits daughter if the victim was daughter of an awlum; if of a muknum, a payment of thirty shekels.
8.1.2.3 For causing the death of a distrainee through beating or
abuse, LH 116 demands the death of the culprits son if the victim
was the debtors son. LE 24 regards a false claim of debt to be an
aggravating factor: the culprit himself is to be killed, whether the
victim was the wife or son of the purported debtor.
8.1.3 Indirect
The codes discuss cases where a non-human agent causes death
through negligence of the person responsible for it.
8.1.3.1 An ox kills a person by goring.185 If the ox was proceeding
down the street in a normal way, its owner is not liable (LH 250).
However, if the ox is a known gorer and the local authority warns
the owner, he is liable. If he fails to take precautions, LE 54 imposes
a payment of forty shekels if the ox kills a man; LH 251, thirty
shekels if it kills the son of an awlum. LE 56 applies the same rule
to a vicious dog.
185
416
8.1.3.2 The owner of a wall whom the local authority had warned
of its dangerous condition is to suer death himself if the wall collapses and kills even a son (LE 58). The collapse of a building is
punished by the death of the negligent builder if it killed the householder, or of the builders son if it killed the householders son (LH
22930). These more harsh provisions may have been imposed
because an inanimate object was considered more directly controllable than an animal.186
8.2 Injury
8.2.1 Intentional 187
LE 4247 contain list of injuries to dierent parts of the body, with
a tari of payments ranging from sixty shekels for biting o a nose
to ten shekels for a slap in the face. LH 196205 contain a similar,
if shorter, list but with a dierent and more complex scale of punishments. For knocking out an awlums eye or tooth or breaking his
bone, the penalty is talionthe same injury inicted on the culprit.
If the victim is a muknum, however, a tari of payments applies as
in LE. The gradations for a slap in the face are yet more subtle:
an awlum who slaps an awlum of higher status receives sixty lashes
in the assembly; if his equal, he pays sixty shekels. A muknum who
slaps a muknum pays ten shekels; a slave who slaps an awlum has
his ear cut o (2025). A trial document records a payment of 3
1/3 shekels, but this may have been a compromise after a dispute
over evidence.188
8.2.2 Unintentional
The procedure following homicide committed in a brawl (LH 207)
applies equally to inicting a wound. The culprit must swear the
same oath that he did not intend the consequences. Thereupon, his
only obligation is to pay for the doctor (LH 206).
186
187
188
417
189
Finkelstein, Sex Oenses . . .; Driver and Miles, Babylonian Laws, 27590;
Yaron, Eshnunna, 27885.
190
Westbrook, Adultery . . .
191
Westbrook, Life and Death . . ., following an earlier view of Yaron, which,
however, he now rejects: Stylistic Conceits . . . The same phrase occurs in LE 12
and 13 (see 8.4.4 below).
192
In UET 5 203 (a scribal exercise), a husband who catches the lovers in
agrante approaches the king, who condemns them to the stake.
193
Greengus, Textbook Case . . .
194
Following the reconstruction of Greengus, Textbook Case . . ., and Roth,
Scoundrel . . ., 278.
418
195
. . . she does not keep herself chaste but goes out and about (la narat-ma
waiat); see Westbrook, Adultery . . ., 57076. Other scholars regard this as adultery by a married woman; see 5.1.3 above.
196
ARM 26/1 488:2941, as interpreted by Lafont, AEM 1/1, 254 . . .
197
Most commentators assume that the context is a trial following a specic accusation (e.g., Driver and Miles, Babylonian Laws, 284), but it may be the husbands
right to demand that his wife clear herself of a bad reputation which brings shame
on him.
198
See Finkelstein, Sex Oenses . . ., 36669.
199
Cf. ibid., 35758, and Roth, Law Collections . . ., 4445.
419
3. A man sleeps with his mother after his fathers death. Both are
burned (157).
4. A man sleeps with his fathers principal wife who has borne children (evidently his stepmother)200 after his fathers death. He is disinherited (158).
200
420
204
421
is to give slave for slave (or 15 shekels in lieu), which is akin to ordinary theft. LE 50 is explicit: an ocial who keeps a runaway slave
(or straying animal) for more than a month is to be treated as a
thief.
Kidnapping a free person for sale into slavery was an aggravated
form of theft, for which LH 14 imposes the death penalty.
8.4.4 Burglary 205
Trespass was not necessarily an aggravating factor in theft: LL 9
imposes only a payment of twenty shekels for cutting down a tree
in anothers orchard. Trespass with intent to steal was, however, an
oense in itself, albeit minor: LL 10 and LE 1213 both impose a
payment of ten shekels. On the other hand, if the trespasser were
caught at night, the householder may have had the right to kill him
on the spot.206 LH 25 allows summary justice for the looting of a
burning house by one who had gone to help extinguish the blaze:
he is thrown into the re. In the same way, LH 21 provides that a
man caught breaking into a house (i.e., by making a breach in the
mud-brick wall) was to be killed and hanged in the breach. There
is no day/night distinction as in LE; it may reect the harsher
rhetoric of LH or a distinction between mere trespass and the more
violent act of housebreaking.
8.4.5 Robbery207
Theft with violence was regarded as a separate oense (verb abtum), probably because it reected a dierent social reality. Robbers
were typically outsiders who waylaid travelers or raided settled areas.
If caught, they would be killed, but they were not often caught.
Consequently, it was the local authorities who were obliged to compensate the victims (LH 2224).
8.4.6 Fraud
Fraudulent practices are treated like theft in AS 7. A creditor who
seeks to evade the debt-release decree by falsely declaring that an
interest-bearing loan given by him was a commercial transaction (not
205
422
208
Kmmel, Sklavenhehlerei . . .; Sumer 14 (1958) no. 28; TIM 4 33 (oath by
depositee).
209
LH 12 and see Westbrook and Wilcke, Liability . . .; Westbrook, Studies . . .,
11119. YOS 14 40 (= JCS 14 (1960) no. 60): innocent partner.
423
210
211
212
213
424
ogging and shaving half the accusers head. It is not clear whether
the context is a formal accusation in court.214
8.8 Witchcraft
LH 2 obliquely refers to witchcraft being punished with death and
forfeiture of property to the accuser.
9. S I
This period is notable for a special category of women dedicated to
a god, the most important of which was the nadtum. Certain special rules of inheritance applied to them.
9.1 A nadtum of Shamash was regarded as the gods junior wife
(his rst wife being a goddess); she was not allowed to marry a mortal but had to live in a type of cloister known as a gagm.215 This
did not prevent her from owning property; indeed, such women
actively traded in land and defended their rights through litigation.216
She received a dowry from her father like any bride, but land was
customarily left to her brothers to exploit. If they failed to give her
a satisfactory allowance from it, she could put it in the hands of a
farmer instead (LH 178). Her dowry was inalienable and would be
inherited by her brothers after her death, unless her father had given
her free disposition of it, in which case she could bequeath it to
whom she wished (LH 179). It was common, however, for a nadtum to adopt a niece, also a nadtum, as her universal heir. If her
father failed to dower her, LH 180 awards her a full inheritance
share like a son.
9.2 A nadtum of other deities who did not live in a cloister was
allowed to marry but not to conceive children herself; instead, she
relied on a second wife (ugtumperhaps also a type of dedicated
woman) or a slave, becoming the mother of their ospring with her
husband through a legal ction (LH 14447; see 5.1.5 above). If
214
215
216
425
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Klma, J. Untersuchungen zum altbabylonischen Erbrecht. Monographien des Archiv Orientaln. Prague, 1940.
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430
431
MESOPOTAMIA
432
1.2 Statutes
3
Larsen, City-State . . ., 283332; one of the tablets bears the subscript tamimtum,
wise rule.
4
In some of these, the waklum is only mentioned as sender on the envelope,
while the text on the tablet inside lacks an address and immediately starts with:
The City has passed the following verdict:. . . . (e.g., EL 327; see Larsen, CityState . . ., 176).
5
See Larsen, City-State . . ., 173.
6
TC 1 142 (ibid., 153f.), and kt 91/k 100 (unpubl.), both heavily damaged.
7
A full edition, with comments, of nearly one hundred judicial records is found
in EL nos. 238341, and a representative sample in translation with comments in
Michel, Les litiges commerciaux . . .
433
court proceedings, both in the colonies and in Assur. Most numerous are depositions of various kinds and verdicts passed by small
trading stations (wabartum), various krums, and the City Assembly
in Assur. We also have numerous records of interrogations (by parties and by attorneys, called rbium), negotiations, agreements, arbitrations, and oaths sworn. Most of these recordsespecially depositions
under oath made before witnesses, records of arbitration and interrogation, and verdictsoriginally were in the form of tablets encased
in clay envelopes bearing the impressions of the seals of parties,
judges, and witnesses (both material witnesses and court witnesses),
which lent them legal validity and evidentiary force. All these documents were found in private archives, apparently because the winner
of a case obtained the le as proof of his rights.
1.5 Private Legal Documents8
The great majority of private legal documents record a variety of
legal transactions in the framework of the overland trade. Most are
the result of commercial credit granted or loans extended and complications connected with them: hundreds of debt notes and quittances, waivers and transfers of debt claims, settlements of accounts,
contracts about the cancellation of debt notes, security (pledge and
guarantee), records of seizure, debt bondage, and forced sale of property. There are numerous contracts of service (in the caravans), transport, deposit, agreement, partnership, and investment (in a traders
commercial capital, called naruqqum). In addition, there are contracts
of a non-commercial nature, on the purchase of houses and slaves
and pertaining to family law. A number of contracts bearing on conveyance, family law, obligations, and business (partnerships and agreements) originate from the Anatolian inhabitants of Kanish and have
to be kept separate from the purely Assyrian ones because of their
special characteristics.
All these records originally were (and many still are) in clay
envelopes, sealed by the party who accepted an obligation (payment,
service, guaranty, transport, deposit), waived a claim or right, or
acknowledged a fact (quittances, sales, settlements, cancellation of a
8
More than two hundred private legal documents are edited as EL nos. 1223,
and an additional one hundred loan contracts are edited in Rosen, Studies . . . The
only monograph on a specic topic is Kienast, Kaufvertragsrecht . . .
434
record), and by witnesses, the presence of whose seals is always mentioned in the text written on the envelope.9 The Assyrians called
such records uppum armum, certied/validated tablet and they
were carefully preserved in sealed containers and sent overland in
sealed packages.
1.6 Miscellaneous
The Assyrians concluded treaties (called oath, mamtum) with the
Anatolian rulers in whose territory they traded, and we have the
draft of one treaty with the ruler of a small town whose territory
the caravans crossed.10
Erishum I, the ruler of Assur during whose reign the trade developed, in the second part of a long inscription, a copy of which was
found in krum Kanish, deals with the administration of justice, threatening liars and false witnesses by means of curses and promising
honest men a fair trial and the assistance of an attorney (rbium).11
The thousands of business letters are an important source of the
law. They provide information not only on commercial law (substance, procedure, legal devices) but also on jurisdiction, when they
report on lawsuits and refer to or quote testimonies, appeals, verdicts,
and the contents of tablets of the City.
2. C A L
2.1
Organs of Government12
435
436
means of Envoys of the City and its orders and verdicts were sent
there by the ruler. Many records mention (powerful) tablets of the
City (uppum [dannum] a lim), acquired by plaintis as an instrument for obtaining justice, which are read out to opponents. In the
krum, people are said to submit (uka"unum) to them, and they are
carefully preserved (I have a powerful tablet . . .). The City as
administrative body means the City Assembly, which convened
and took decisions, as is conrmed by rare references to the assembly ( purum).17 This happened in the mullum, Stepgate, situated
behind the temple of Assur,18 also mentioned as such in Erishums
inscription. Other texts mention a amrum, a sacred precinct (also
known from Babylonia), as a place of meeting. The sacredness of
the locale may have to do with the presence of the seven divine
judges and the dagger of Assur, on which oaths had to be sworn.
Once we meet the expression The City, small and big,19 which
suggests a bicameral system with a plenary assembly alongside a
smaller council, a distinction also well attested for the krums. It links
up with the few occurrences of the elders ( btum), as a body
which is appealed to and passes verdicts (see 2.1.6.1 below).
2.1.3 The Colonies (krum and wabartum)
The center of Assyrian colonial society was krum Kanish. Under it
ranked about fteen other krums in the main cities of Anatolia (most
important were those of Buruanda, Wahuana, Durhumit, and
Hahhum) and about the same number of trading stations (wabartum). The status of krum Kanish is obvious, when other krums refer
to it as our lords and Anatolian rulers, keen on renewing their
treaty, as our fathers.20 Krum Kanish, as an administrative body,
mirrored the institutional fabric of Assur, but for its ruler. The krum
had a scribe (secretary), archives, and a krum house, which was
used for administrative purposes and storage but was also the place
where the assembly ( purum) of the krum convened and passed verdicts, in a locale also called amrum, sacred precinct, near the
gate of the god, where oaths were sworn on the dagger of the god
17
kt n/k 512:8f. mentions legal action in the City, in the assembly, during a
trial, with the help of witnesses.
18
See Veenhof, Legislation . . ., 1721.
19
KTS 2 64:2'f.: lum aer rabi.
20
See Garelli, Assyriens . . ., 32940.
437
Assur. The Statutes of the krum (see 1.2) distinguish between meetings of its big and small members, which correlates with the
occurrence of verdicts of the krum big and small, namely, of its
plenary assembly, and implies the existence also of a smaller executive committee consisting of the big men. They may have been
identical to the elders (btum), also twice attested for the krum.21
2.1.4 The Legislature22
The City Assembly most probably was the institution which took
care of legislation. Verdicts in frequent and important legal issues in
connection with trade (such as payments of debts, compensation for
losses during caravan trips, the death of a trader) apparently could
become orders of the City (awt lim) of more general validity
and formulation (Anyone who . . ., No citizen of Assur whatsoever . . .). In due time, they could be engraved on a stela (naru"um),
which equaled publication. A unique ocial letter of the ruler sent
to krum Kanish, after stating that a recent verdict of the City concerning gold has been canceled, continues: We have not xed a
(new) rule. The previous ruling (awtum) is still (valid) . . . In accordance with the words of the stela, no citizen of Assur whatsoever
shall . . .; whoever does so shall not stay alive. It clearly quotes a
law with its heavy sanction. That this letter uses the rst person
plural, suggests that City and ruler together were responsible for
xing rules and probably also for publishing them as laws.23
On the colonial level, krum Kanish could also issue orders (awtum), but its authority probably was limited to practical administrative matters (e.g., the rate of interest among Assyrians) and to issues
directly related to the trade, probably in consequence of appeals
(e.g., the prohibition on selling goods to an Anatolian ocial before
he has paid his debts to a trader).
21
438
24
439
istration and jurisdiction and were left alone if they did not infringe
upon the stipulations agreed in the treaties. The Assyrian system
itself was hierarchical, with krum Kanish (itself under the City of
Assur) at the top. But there existed a measure of autonomy (which
implied self-help) in commercial and judicial matters. Krums could
pass verdicts and levy taxes, and during private summons or trials,
people could appeal to krum Kanish.
The administrative functions were concentrated in the krum
house, which must have had its own archives.29 There the assembly
of the krum met, and its administrative tasks were performed by
its members according to a rotation scheme, which remains to be
reconstructed. It involved functionaries called lmum (attested mainly
in nancial transactions of the krum house) and week eponyms
(amutums), best known from datings, but also mentioned in the
Statutes of the krum. The krums secretary (scribe) also played
an important role in the running of the assembly.
2.1.6 Courts
In the Old Assyrian system, there was jurisdiction on three levels:
by private summons and arbitration, by colonial courts, and by the
City Assembly.
2.1.6.1 Assur
In Assur, the City Assembly together with the ruler30 constitutes the
highest court, to which one may appeal from a decision by a colonial court, with the words Bring my case to the City and my
Lord! (EL 253:19' and 325a:18f.). Alongside the City Assembly a
few times we meet the Elders (btum) as a body which passes
verdicts.31 Verdicts, which never mention names of judges, were sent
to Kanish as letters of the ruler (designated as waklum, overseer,
see 2.1.1). They are sometimes called verdicts of the City (dn lim).
The City could appoint small committees (usually consisting of three
to ve persons) to handle specic cases, such as the ve-men committee which in EL 244 issued an order and in EL 283 gave a
verdict. It also delegated single persons, called he who solves the
29
30
102.
31
440
32
Attested in EL 327, kt n/k 147 (unpubl.), and AKT 3 37 (appointed by the
Elders); see, for them, Larsen, City-State . . ., 191, 331.
33
Larsen, City-State . . ., 255.
34
KTK 1; see Larsen, City-State . . ., 259f.
35
EL 320:34f. and 338:21.
36
Attested in the text published in Matou, Tempel . . ., and probably in text
2 of the Statutes.
37
See Larsen, City-State . . ., 275f., and Garelli, Une tablette . . .
441
Krum courts, just like the City Assembly, could appoint single persons (members?) called he who solves the case ( pir awtim: EL
275, 278, and kt a/k 503, unpubl.).38
2.1.6.3 Judges
Members of the krums and of the City Assembly functioned as a
court. They typically sit when they take the bench and the causative
stem of this verb, to make someone sit, is used for to start a formal trial.39 Most occurrences of the term judges, however, are in
depositions, in which usually three or more judges report, in the
rst person singular, on their activity.
3. L
3.1 Parties
Litigants usually are Assyrian men but sometimes Anatolians (EL
251 with ICK 1 61) and women.40 EL 292 records a lawsuit where
one of the parties is the wife of U., whose husband was present
(waab) during the proceedings.
In a society of overland traders originating from Assur, partly settled in Anatolia and regularly absent on business journeys, representation by close relatives or business partners in judicial matters is
common (EL 238, 243, 265, 301, 332). This was also necessary for
women living in Assur during cases tried in Anatolia. Parties, moreover, could be represented in court by an attorney (rbium), hired
in Assur (EL 325326, 338, 340; Kienast ATHE 23, etc.). Not only
natural persons but also the krum organization as such could be a
party to litigation.41
38
The Statutes (text 2, lines 4'.) also use the phrase to solve a case to describe
the activity of the krum court.
39
For examples, see CAD A/II, 405, b.; see also ll. 57. of the Erishum inscription (1.6b). See also Veenhof, Private Summons . . ., 445., type 4.
40
See, e.g., Garelli, Tablettes . . ., III, 124 no. 6; AKT 3 94; TC 1 3; an
Anatolian woman (presumably the widow of an Assyrian trader) in EL 303.
41
Kt n/k 203 is the unpublished record of a sworn deposition presented in court
by people seized (as witnesses or arbitrators) by the krum.
442
3.2 Procedure
443
could come directly before the City, if an appeal was made in Assur,
or one appealed to it from a colonial court (Bring my case to the
City and my Lord! see 2.1.6.1). Cases triggered by the death of a
trader were invariably tried in the City, since they required settlement, with all parties and evidence assembled there. Most trials
were started and nished before a krum court, but at some point,
a (strong) tablet of the City (the result of an appeal) might intervene, without necessitating a transfer of the trial to Assur.48
3.2.2.2 Self-help and Attorneys
Parties, at least at the beginning, had to rely on self-help. The plainti
applied (marum, kadum) to the court and tried to bring his opponent before the judges, to the krum.49 According to the Statutes,
the big members of the krum had to evaluate a case to decide
whether it warranted the convening of the plenary krum. Once the
case had been accepted, the plainti could receive help in two ways.
A verdict of the City Assembly could authorize him, in order to
win his case, to hire an attorney,50 who could be empowered to
inspect tablets or to summon and interrogate people, and could represent him in court. The krum could assist him by ordering a person to appear in court, either by a verdict or simply at the request
of the plainti, if he accepted responsibility for the measure (and its
cost).51
3.2.2.3 Many trials were conducted in stages, marked by provisional verdicts (both in Kanish and in Assur) and separated by several monthsthe time needed for travel to collect evidence.52
3.3 Evidence
3.3.1 Witnesses
Witnesses (b; rarely mud awtim, those who know the facts, or a
p", lit., those of the mouth)53 were as important in the judicial
48
444
the statement: Look, these gentlemen here know that . . . (TC 3 78:25). For a
p"e, see EL 245:38, 293:7, and Balkan, Letter 17f.
54
E.g., EL 243 and ICK 2 152.
55
One year: kt n/k 41322; 6 months: TPK 1 189, EL 293; 3 months: KBo 9 27.
56
TPK 1 189. See also EL 250 and AKT 1 74.
57
See Veenhof, Private Summons . . ., 450.
58
See EL 252:26; 332:50; KKS 5:18, etc. Witnesses might have to have their
memory refreshed by being shown copies or excerpts of the records. They are said
to lie on (nl) the sealed tablet, perhaps indicating that they are sleeping and
have to be activated.
59
See EL 242 and 244. Some end with the words: It is not a complaint; it is
testimony (la rigmtum ibuttum).
60
See EL 286 and POAT 9, where one witness is reminded by his colleague of
facts he did not know.
61
May our word become one (awatni ana itt ltur), kt 92/k 195 (unpubl.),
62
b tamdtum, BIN 4 70:17f.
63
TC 3 76, analyzed in Veenhof, Private Summons . . ., 455.
445
were carefully recorded, in particular when, as happened occasionally, only a single witness could testify.64
3.3.2 Written Documents
Written evidence was as valid as oral, hence demands to produce
either witnesses or tablets (EL 285:18f.; ICK 2 156:14f.; POAT
13:16f.); records speak of tablets that have to be brought, shown,
or heard. Problems concerning written evidence regularly arise
when a trader dies and his sons and heirs (who are responsible for
his debts) are faced with valid deeds (uppum armum) as proof of
claims or debts about which they are ignorant and whose validity
has to be checked by written evidence (the existence of a quittance
annuls a debt) or witnesses.65 The defendant or plainti usually is
granted several months respite to produce evidence and if he does
not succeed, the tablet is considered valid (his tablet remains his
tablet). Verdicts by a krum or the City may state that certain tablets
are no longer valid.66 Such tablets are said to die or are killed.
Since the validity of a tablet depends on it being sealed by the person under obligation, the identication of his seal impression on the
tablet was essential, and there are judicial records where this is done
by relatives.67
3.3.3 The Oath
For evidentiary oaths, witnesses and parties are led down to the
gate of the god, to swear by/on the symbol/emblem of a deity.
This usually happens at the order of the court, as the standard formula at the end of depositions by witnesses shows (see 3.2.1, end).
We actually have verdicts of a krum and the City where such oaths
are imposed,68 and they may have been sworn with the three words
of the stele, which are still unknown to us.69 Men had to swear
by/on the dagger ( patrum) of the god Assur and occasionally by/on
other symbols or emblems of that deity.70 Such oaths started with
64
65
66
67
68
69
70
446
the invocation Listen, god, lord of the oath.71 Women swore by/on
Ishtars symbol72 and invoked her with Listen, Goddess, Lady of
the oath.73 The person to swear, according to some references, had
to grasp or even to produce (pull out?) the divine attribute.74
Such solemn oaths were sworn in the presence of (court) witnesses,
who heard their utterance,75 and were usually recorded in writing. Judicial records refer to them as tablets with the oath of PN
(CCT 5 14b; kt 91/k 402). This applied in particular to oaths sworn
by parties, which contain a series of statements (armative, negative, formal promises) whose wording seems to have been carefully
formulated and written down by the judges, to prevent any ambiguity.76 Such oaths and their complications were better avoided, hence
promises in confrontations to pay without trial, ght or oath and
the fear of being seized for an oath.77 Parties could reach an agreement at the last moment, even in the gate of the god.78
3.3.4 Ordeal
The river ordeal is mentioned once as a means of establishing the
truth among Anatolians.79 It is not attested among Assyrians.
3.4 Verdicts
Courts could render nal verdicts, which settled a case (EL 273,
27577), or provisional ones, which were either of a procedural
nature (EL 278, 281) or conditional (EL 279, 334), when their validity depended on facts which still needed proof. Some verdicts were
447
80
AKT 2 21; Kienast ATHE 23; EL 250, 281, 319; I 445, etc.
migrtum; there are several records labeled tablet of agreement, e.g., TC 3 216.
82
See Veenhof, Legislation . . .
83
For nes, see EL 277, 325a:13f.; VAS 26 46:20.; I 478 (conditional ne
imposed by the City Assembly; see Matou, Brgschaft . . .) and CAD A/2, 297f.
s.v. arnum, 2a.
84
See Veenhof, Legislation . . ., 1733.
85
ICK 2 141: He refused the verdict of the krum.
86
Earlier verdicts are mentioned in AKL 1 74 and ICK 2 145.
81
448
87
449
4.2 Slavery
4.2.1 Terminology
Slaves were called wardum, slave, and amtum, slave girl, by both
Assyrians and Anatolians.92 The second term, however, is also used
for free married women with a status lower than the main wife
(aatum; see 5.1.3 below). Slaves could also be designated by the collective subrum, perhaps originally a term for non-Assyrian chattel
slaves.93 Occasionally, the terms boy and girl (urum, urtum)
may refer to young slaves.
4.2.2 Debt Slaves and Chattel Slaves94
Most slaves owned by Assyrians in Assur and in Anatolia seem to
have been (originally) debt slavesfree persons sold into slavery by
a parent, a husband, an elder sister, or by themselves.95
Debt bondage is clear from a few contracts that write that the
sale was not for but instead of (kma) a sum of silver, hence to
cover a debt (see 7.3.1.3 below). Many slave-sale contracts stipulate
that the seller (usually a parent, husband, or relative) can get the
person sold back (to take him along, tar"um) by an action described
as to redeem ( parum), to come back for (tu"rum ana), or simply to seize (abtum), if a price was paidsometimes the original
sale price, more frequently double or even more.96
There are also a few cases which consider the possibility or record
the fact that a slave redeems himself (see 7.1.2.4 below). The possibility of redeeming a debt slave was limited in time, ranging from
one month (Kienast no. 32, among Anatolians) to two (kt a/k 933,
among Assyrians) and perhaps even four years.97 As long as the people sold were debt slaves they enjoyed a certain protection,98 after
that they could be sold by the creditor/owner where he liked,
even abroad (see 7.1.3).
92
450
owner earns the right of redemption at the original price; in Kienast no. 27, the
buyer shall not sell her nor get rid of her.
99
Kt 91/k 123; kt 87/k 303.
100
In Kienast no. 2, a man sells a niece of her husband to a married woman,
perhaps as a concubine?
101
Texts: AKT 1 76 and 77, EL 16, KTS 2 6 and 55, TPK l 161, I 490, 513,
and 703; kt d/k 29, kt v/k 147, kt 86/k 203. Further texts edited in Balkan,
Betrothal . . . (kt i/k 120); Bayram-een, 6 Neue Urkunden . . . (kt 88/k 269
and kt 78/k 176, verdicts); Donbaz, Remarkable Contracts . . . 80. (kt j/k 625;
kt k/k 1, kt r/k 19); Garelli, JCS 3 (1959) 298 (CCT 5 16a); Ichisar, Contrat de
mariage . . . (EL 1 with AO 7050); Lewy, Institutions . . . (I 490, ICK 1 3 and
32), Matou, Beitrge . . . (I 513 and 702), Michel-Garelli, Marriage Contracts . . .
(kt 90/k 108 and kt 94/k 149); Sever, Ehescheidungsurkunde . . . (kt n/k 1414);
Sever, Anadoluda . . . (kt 88/k 625); Veenhof, Marriage Documents . . . (kt 91/k
132 and kt 91/k 158+240). See bibliography in Rems, Kleinigkeit . . .
451
5.1.1 Conditions
Marriage was based on a prior contract between the groom and the
parents of the future bride (several times her mother and/or brother)
or the woman herself, if she was independent. It created betrothal
(see 5.1.2 below), but whether all the terms were agreed at this stage
is not clear. Assyrian marriages could be polygamous, insofar as the
traders could have two wives, one in Assur and one in (a particular area of ) Anatolia, but never of the same status and never in the
same place. Concubinage (with slave girls) is attested. In most cases,
husband and wife enjoyed equal status: both could divorce, and the
penalties for breach of contract were identical for both.
5.1.2 Betrothal and Marriage
The rst stage was a betrothal contract, arranged between the future
groom (or his parents) and the parents of the girl,102 basically a
mutual promise of a future marriage,103 to be consummated when
the girl had grown up.104 KTS 2 55 states that a man will marry
the (adopted?) daughter of two women (sic) and that both parties
will have to pay a ne if they break the contract: the parents if they
give their daughter to someone else, the man if he marries another
girl. A mans refusal to keep such an (oral?) promise resulted in the
verdict EL 275: PN can give his daughter to whom he wishes
(complete text!). Two other verdicts,105 which state that parents can
give a girl to a husband of their choice, probably record the termination of an inchoate marriage, because in both the girl is already
designated as the wife of PN.106
Marriage contracts usually oer no information on details such as
payment by the groom, dowry, transfer of the bride, and so forth.
Information on ceremonies and verba solemnia is equally lacking,
but in a letter the intention to give a girl in marriage is expressed
by the phrase I will put a veil on the girls head.107
102
452
108
453
114
Taking urrubum as turn into an erubbtu-pledge, i.e., a person who enters the
household of a creditor.
115
See Veenhof, Care of the Elderly . . ., 150, n. 66, and also CCT 5 43a:29'
(share in an investment!).
116
See AKT 1 76; CCT 5 16a; kt 91 k/132, I 490 and ICK 1 3.
454
contracts stipulate a single penalty for divorce and some other misbehavior; in 91/k 132 and d/k 29, for a misdeed (illatum)117 of
the wife; in 91/k 132, also for maltreatment by the husband. 94/k
141 (unpubl.) allows the husband to strip (amum) his misbehaving
wife of her clothes and chase her away naked(?). Kt 94/k 141 allows
the husband who hates (ze"rum) his wife to chase her away (tardum), but he has to pay her divorce money.
5.1.6.2 Divorce Settlements118
The majority of divorces are consensual,119 but we also have divorce
initiated by the husband (EL 4 and 5, ICK 1 32; 89/k 345) or by
the wife (r/k 19). In purely Anatolian marriages, divorce takes place
under the supervision of the local ruler or his second-in-command,120
which suggests a form of public control. One Anatolian divorce contract bears the subscript penalty/guilt (arnu) of N. (the husband).121
Among Assyrians, divorce was a purely private arrangement, before
witnesses,122 but complications (concerning property, payments or the
children) could be a reason to seek legal help. In kt 91/k 240, the
divorce took place in the presence of people seized by the parties, probably as arbitrators. In EL 276, the verdict that a husband
should pay his wife divorce money but obtain their three sons was
pronounced by a krum court. Payment of divorce money (zibtum)
to the wife is mentioned in several settlements.123
5.1.6.3 Property Settlements
In kt 91/k 240, an Assyrian couple balances assets and debts to
arrive at the wifes divorce money. The Anatolian husband in EL 4
leaves his wife all his property but also the debts; in kt 89/k 345
the wife (who initiated the divorce) pays 30 shekels of silver for the
creditor; in KTS 2 6, partners will divide the house which is their
common property; and in kt r/k 19, the wife takes her slave-girl
117
455
and everything there is out of the house but gives up her claim on
the tusinnum.
5.1.7 Remarriage
Widows and divorcees can marry again. According to kt 91/k 240,
the husband is free to marry a wife of his choice, his wife to go
to a husband of her choice; kt n/k 1414 species that the latter
can be an Assyrian (tamkrum, trader) or a native Anatolian.124 Two
verdicts125 stipulate, as a result of a trial, that a wifes parents as of
today can give her to a husband (of their choice).
5.2 Children and Adoption
5.2.1 Children
Upon divorce an Assyrian father seems to have kept his children if
he met his nancial obligations.126
Children under their parents authority could be pledged (given
as erubbtum) and sold for their debts, also by mothers (widows?)
alone. They occur many times in security clauses of Anatolian debt
notes, where girls are mentioned as pledge (erubbtum) or the amount
of the debt is said to be bound also to the debtors children.127
The Anatolian adoption contract EL 8 stipulates that the adoptive
father may sell his son (only) in case of dire necessity, if he becomes
poor.
Assyrian sons and daughters inherit from their parents and have
to care for them in old age and to bury them, but this duty may
be assigned to one of them in connection with the division of the
inheritance.128
5.2.2 Adoption
Adoption is poorly attested, because adoptions would have occurred
in Assur, where the documents would also have been kept. In the
single contract from Assyria proper (a little later than the bulk of
124
456
129
457
6. P I
6.1 Real Property
While there is ample evidence of ownership of houses by Assyrian
traders, there is none for elds.133 Neither in Assyria nor in Anatolia
are there conveyances of elds, and elds are also absent from last
wills and lawsuits involving inheritance. In Assur, traders invested
rather in expensive houses, which could be pledged or put up for
sale when they ran into nancial problems. Ownership of elds in
Anatolia is attested for the local population (sold, pledged, inherited)
but not for Assyrians, not because of a legal prohibition,134 but because
investment in commercial activities was much more protable. Among
Anatolians, elds were sold (see 7.1.4 below), oered as security (TC
3 238:9f.), and inherited.
6.2. Inheritance
Our knowledge of inheritance law is based on a few testaments and
scattered references in letters and records. The relationship of the
testaments to traditional law is dicult to discern: they may, for
example, have ameliorated the entitlements of women. The most
detailed, Tablette Thierry, moreover, is a special case, since the
testator did not have children of his own and divided his property
between his (half ) sisters and (half ) brothers.135
6.2.1 Testaments
Property was inherited on the basis of testamentary dispositions
(mtum, mti btim) made by its owner before his death. Women could
also make testaments, but the cases we know concern widows.136 In
nearly all cases where a division of a paternal estate (bt abim) is at
133
For a single exception in a somewhat later deed of adoption, where the adoptive son will inherit his fathers eld, see 5.2.2 above and Veenhof, Manumission . . .
134
As suggested by Kienast, Kaufvertragsrecht . . ., 6.
135
Garelli, Tablettes . . ., III, 131f.; I follow the interpretation of Wilcke, Testamente . . ., 204., who assumes that the testators father had married twice and
divided his inheritance between sons, his (half ) brothers and (half ) sisters. See also
Veenhof, Care of the Elderly . . ., 139f.
136
Kt 91/k 453, the testament of Itar-lamass. In kt 91/k 423, this lady, on
her deathbed and in the presence of witnesses, actually divides her assets among
her sons and the amounts of silver given to two of them match those mentioned
in her testament. See, for these records, Veenhof, Care of the Elderly . . ., 137f.
458
137
459
sister (she will take her rst share), and then xed shares for the
other sons who have not received a house. Remaining assets with
be divided in equal shares (mutta mutta half and half ) among all
the heirs. In kt o/k 30:22f. a woman states that on the basis of the
last will, a sister has sisterly(?) power of disposition and intends to
open her sisters last will.141 Frequently the (eldest?) daughter, who had
become a priestess (ugbabtum) and thus was unmarried and had to
live independently, received additional items (e.g., ICK 1 12). The
widows share is also specied: e.g., in ICK 1 12 she inherits a house
and money in the form of a debt note, in BIN 6 222 also slave girls
and other items (broken). In kt o/k 196c:5f., the authority and lifelong ownership of the widow is expressed by the formula she is
father and mother (abat u ummat) of her share of the silver, but the
silver she leaves behind (warkassa) and her other possessions will go
to the eldest son. ICK 1 12, after carefully itemizing what the women
obtain, states: the remainder of my tablets (debt notes), both in
Assur and in Anatolia, belong to all my sons, and they are also
responsible for my debts. This seems to have been the rule and
the sons responsibility for their fathers debts is clear from various
judicial records.142
6.2.4 Implementation
Complications with the implementation of testaments were not rare.
In EL 287, a division is only possible after balancing debts and
claims; the parties agree, inter alia, that three heirs each will take
one slave-girl with whom they have had intercourse (lamdum), which
(whose value) will be deducted from their shares. Problems could
arise when some heirs were present at their fathers deathbed or had
easy access to his testament and estate (usually in Assur) and others
not, and also by the wish or need not to freeze all assets but to
keep the commerce going and the capital owing.143 This meant that
some heirs had to take decisions and use the assets without formal
approval by the others, who also might not have a clear idea of the
state of the deceaseds nances. In addition, investors and creditors
141
19.
142
See also kt 91/k 389:911 (Veenhof, Care of the Elderly . . ., 141f.); kt o/k
196c: 11.; CCT 5 8b:2427.
143
A ne example is the le published by Matou, Nachlass . . .
460
of a dead trader would try to realize their claims. It is not surprising that some of the few references we have to Old Assyrian law
(the words of the stela) bear on the problems caused by a traders
death. The City apparently agreed on a standard rule that in such
cases nobody, either in Anatolia or in Assur, shall touch anything,
all the silver shall be brought together in the City. Whoever took
something shall give it back, who does not give back shall be considered a thief (see 8 below).144 Division of the inheritance was to
take place as part of a nal settlement, in the presence of all those
involved, after liabilities had been met and claims collected.
6.2.5 Arrangements between Heirs
The division of an estate started soon after the death of the testator but could take time (occasionally a few years) to be completed.
Secondary arrangements between heirs for redistributing shares in
the testators investments are attested, for example, receiving the
house and contents in return for taking care of the mothers burial,
expenses, and debts.145
6.2.6 Anatolian Evidence
There is some evidence on inheritance law among the native population of Kanish, especially in some brotherhood contracts (see 5.2.3
above).146 In text E, division of the estate will take place upon the
death of both parents; in text D, apparently upon the death of the
father, in which case the widow will receive a substantial gift and
leave. In another case, she is entitled to continue to live in the house.
Some of these contracts stipulate that if the brothers wish to terminate the common household, they shall divide equally (mitari
izuzz), but in text B, the oldest son receives two shares, his younger
brother one. In contract D, the youngest son receives something
extra, on top of his share, probably because he still has to acquire
a wife.
144
145
146
461
7. C
The nature of the sourcesarchives of traders in a colony abroad
explains the absence or rarity of various types of contracts current
in Mesopotamia proper, such as leases of houses and elds, herding, adoption, and the abundance, in great variety, of those recording commercial transactions, especially those concerning debts (e.g.,
resulting from credit sale and settlement of accounts, real loans, or
conrmations).
7.1 Sale
7.1.1 Sale Contracts147
Most sale contracts concern real estate (mainly houses; sale of elds
is only attested among Anatolians) and slaves, that is, goods acquired
for long-term ownership, where a title deed is important. This was
not the case with imported trade goods,148 which changed hands
rapidly, party by cash sale (ana italim), partly by credit sale. The latter resulted in debt notes, which state the amount of silver due and
the due date, and stipulate default interest.
Sale was an oral transfer before witnesses, completed by payment
of the price, usually in silver (ana kaspim tadnum, to hand over for
silver), which eected the transfer of ownership. Contracts state that
the item has been sold, that the buyer has paid its price, and/or
that the seller is satised (abb). The completion clauses known
from Old Babylonian times are absent, but an unpublished sale of
a house in Assur states that it was voluntary (ina migrtim). The
price paid (usually in silver) is regularly mentioned (not in all Anatolian contracts) but without any qualication.149 A symbolic act is
147
See Hecker, Kauf . . ., and Kienast, Kaufvertragsrecht . . . The latter edits the
forty sale contracts known to him (10363; pp. 85. present additional references
to house sales), referred to here as Kienast no. The number has now doubled:
see Bayram-Veenhof, Real Estate . . .; TPK 1 157160; VAS 26 100101; Wilcke,
Drei Kltepe Texte . . ., no. 1; Mller-Marzahn, Fnf Texte . . ., no. 4, etc. See
also; Donbaz, Ad . . .; Gnbatt, Be Tableti . . .; Sever, Kle Sati . . .; and
TPK 1 15760.
148
Kienast nos. 33 and 34 in fact are debt notes, and nos. 35 and 36 (for textiles and donkeys) are quittances, resulting from sale on credit.
149
The single mention of sale for the full price (ana m gamer) is in a deposition (Mayer-Wilhem, Altassyrische Texte . . ., no. 2) dealing with the sale of a
slave, where only part of the price had been paid.
462
150
463
Coming back occurs in various constructions, because of (regularly with slaves), against/for (ana) the item sold, or against (ana)
the buyer; in most cases, we can translate by to claim or to vindicate. Claims by previous owners of houses are simply forbidden
in Assyrian contracts.156 Anatolian contracts impose heavy nes (ranging from one to ten pounds of silver) to be paid to the new owner,157
once in combination with a death penalty.158 Coming back by sellers, usually parents or relatives, in order to redeem a person sold is
acceptable, if the buyer is indemnied by the purchase price or its
multiple (see 4.2.2 above). Claims by others are usually forbidden or
subject to a ne, but occasionally the claimant of a slave, presumably a relative or former owner, can take him along (tar "um) after
paying the sale price.159 This shows that terms could vary, possibly
owing to the bargaining power of the parties, and that buyers, probably creditors, were ready to convert the slave into silver by selling
him for a fair price. The standard rule is that the seller has to
clear (ebbubum, autum) the buyer or the object bought when it is
vindicated by a third party, hence refute the claim by conrming
the legitimacy of the sale or satisfy those who have a justied claim.
In one instance (TPK 1 157), a guarantor has this duty, which suggests a forced sale by a defaulting debtor.
Vindication could be based on postulated ownership160 or on
nancial claims on the seller and, hence, on his property. Most contracts, in order to cover all possibilities, make the seller simply promise
protection against anyone who might come back, but some Anatolian
sales, both of slaves and houses, explicitly mention claims by the
sellers creditors.161
Anatolian sales occasionally specify that the buyer or the item sold
is also protected against claims or vindication by the tusinnum and
the ubadinnum, two Anatolian terms for groups of people or social
organizations (see 4.1.2 above). Lewy, followed by Kienast, took the
rst as redeemer,162 but the word is a collective.163 The basis for
156
Kienast no. 1.
Kienast nos. 7, 16, and 31; kt d/k 5, a rare eld sale.
158
Kt n/k 31 (with ratication by the ruler).
159
E.g., Farber, Hanum . . ., where the tusinnum, a creditor, or her husband
may vindicate the woman sold.
160
E.g., kt 91/k 286: that slave-girl is mine!
161
See, e.g., Kienast nos. 5, 9, 29, and 32, and Farber, Hanum . . .
162
Lewy, Old Assyrian Documents . . ., 100.; Kienast, Kaufvertragsrecht . . ., 82.
163
Farber, Hanum . . ., 200f. In VAS 26 100:13f., 101:10', and kt 87/k 312
(courtesy K. Hecker).
157
464
164
In kt v/k 152 (courtesy V. Donbaz) and kt f/k 79 (ubadinnum of the fuller(s)
of the ruler).
165
See Veenhof, Three Unusual Contracts . . ., no. 2 (also on the role of the
market in slave sale), and Hecker, ber den Euphrat . . ., nos. 13 (no. 3 states:
I can keep or sell the slave, as I wish).
166
If she commits a punishable misdeed, Kienast no. 10, if she is quarrelsome, kt j/k 288, etc.
167
See Hecker, ber den Euphrat . . ., no. 6; Veenhof, Three Unusual
Contracts . . ., comments on no. 2; and Kienast no. 32 (if the debt slave is not
redeemed within one month).
168
Kt o/k 52; see Albayrak, Kltepe kelimesi . . ., 308.
169
See 4.2.2 above and 7.3.1.3 below.
170
This possibility is considered in kt c/k 1340 (Balkan, Cancellation of Debts . . .,
30, n. 12).
465
171
466
7.2.2 Interest
On debts with a xed term and resulting from sale on credit, the
only interest due is default interest. Real loans, taken out by traders
in Assur and also attested in Anatolia, even with native moneylenders, are interest-bearing. For Assyrians, the standard rate of interest,
xed by order of the krum, for both default and normal interest,
was 30 percent per year, but lower rates occur, especially between
business associates. Anatolians usually were charged higher rates,
frequently 60 percent, by both Assyrians and fellow Anatolian moneylenders.176 Persons who had to take out a loan in order to be able to
pay as guarantors, according to a provision in the laws, were entitled
to take interest and interest on interest from their debtors.177
7.2.3 Repayment
7.2.3.1 Due Date
The time of repayment can be xed as a time limit, within/not
later than (ana) x weeks,178 months or (rarely) years, as at its (agreed/
normal) time (ana ettiu),179 and rarely when the creditor asks it.180
Payment terms usually do not exceed one year, except for ebu
loans and with payment in annual installments. Payment dates can
also be indicated by reference points, which in Assyrian contracts
are usually related to the practice of the overland trade: when he
arrives/comes up from the City/when the caravan comes in.
Contracts with Anatolian debtors mention as reference points a
whole range of events in the agricultural year and a number of seasonal festivals of local gods.181 A few such loans also contain the
clause that the debtor has to pay (even) when the ruler (variant:
one) washes away the debt.182
7.2.3.2 Negotiability
Many Assyrian debt notes do not mention the name of the creditor but simply write the creditor (tamkrum), presumably in order
176
467
183
468
For examples, see Lewy, Grammatical Studies . . ., 39., and CAD /3, ad loc.
For details, see Veenhof, Silver and Credit . . ., 4f.
See also Kienast, Pfandrecht . . .
From the verb aprum, to administer, to direct.
469
191
See EL 292 and 179 (collated), where the objects pledged have to be enumerated (zakrum) in the presence of witnesses.
192
The verb erbum is used of pledged persons in EL 86 and kt a/k 447; the
lexicalized doubled stem, to pledge, is used of a house in TPK 1 106 and 194,
and of a person in EL 2.
193
To seize, in EL 91:9.; hands resting on, in EL 24:15f.//OIP 27 59:29f.
194
AKT 1 45; EL 14, 92.
195
And we might add whether, in that case, pledges were considered antichretic
(for capital or interest) or not.
196
Kt 89/312; note also EL 252.
470
with its slave and house are pledged,197 hypothecary security (Generalhypothek) is most likely.198
7.3.1.3 Execution
If a debt was not paid in time, the pledge could be exploited or
sold to indemnify the creditor (e.g., KTS 2 9, Adana 237E). Such
actions apparently could be undertaken by the creditor himself, but
he might also need help or authorization by the authorities. In EL
188, it is the local Anatolian ruler who hands over an Anatolian
family to an Assyrian creditor. In kt a/k 447, an Assyrian krum
court decides that four persons (two sons and two slaves) will enter
with and be held by a creditor.
Slaves could be pledged and sold for their owners debts, but several slave sales concern free persons pledged for debts and subsequently sold into debt slavery. This is revealed by the fact that some
are sold not for x silver but instead of (kma) x silver199 and by
clauses which refer to their redemption. Tablets of value given as
pledges under particular circumstances (not only when they contained a negotiability formula; see 7.2.3.2 above) could be used by
the creditor by collecting the assets or claims that they represented.
7.3.2 Guarantee200
7.3.2.1 Terminology
A guarantor is called qttum (lit. hands)201 and gures as such in
debt notes and other texts where he is identied by name: PN is
(my, etc.) guarantor, while the combination a (rarely bl ) qttim
refers to the/a guarantor in general (EL 306, I 478,202 ICK 1 86,
TPK 1 171, etc.). azzuztum, representative, who stands for (the
debt or the debtor), is also used (EL 254:10, AKT 3, 83:8f.).
197
471
7.3.2.2 Duties
Guarantors basically had two duties: to secure the presence or availability of the debtor on the due date (Gestellungsbrge),203 and to
pay on his behalf if he defaulted or failed to be available. The guarantor who does not hand over the debtor to the creditor is liable
to pay the original debt plus interest (TPK 1 171) or a ne.204
Where the duty is to pay for the defaulting debtor, the guarantor may also appear as co-debtor,205 or both may be jointly liable
for a debt.206
7.3.2.3 Security and Regress
Guarantors could secure themselves against the risk of the debtors
insolvency by taking pledges.207 A guarantor forced to pay for the
debtor enjoyed a right of regress. In a well-documented case,208 a
man who had been forced to take out a loan in order to be able
to meet his liability as guarantor obtained a verdict from the City
Assembly authorizing him to charge the debtor interest and interest on interest in accordance with the words on the stela and to
take the latters silver wherever it is, hence also when converted
into merchandise.209
7.3.4 Distraint
In distraint, which the debtor could try to resist, there was no question of antichretic use. Its eectiveness depended on the debtors
wish or need to get back the items seized, and it must have been
similar to that of holding the debtor by his hem (the two actually
occur together in CCT 3 12), which prevented him from leaving
and could make him start a lawsuit. For distraint, Old Assyrian uses
kat"um210 (with its nominal derivate kutu"tum); its preferred objects
203
See EL 238, 306; ICK 1 86 + 2 141, TPK 1 171(!); and O 3684 (Garelli,
Une tablette).
204
EL 308; kt 89/352.
205
CTMMA 1, 84a; EL 321 compared with the letter KTH 15:6f.
206
EL 226:3344; BIN 4 4:12.; BIN 6 238. EL 325a:5 mentions a tablet drawn
up for the two of us, which EL 326:25. shows to be debtor and guarantor.
207
CCT 5 8a; TC 3 67; kt 91/k 173 (a house); Veenhof, Security for Debt . . .,
122f.
208
See Veenhof, Legislation . . ., 1722.
209
Also TPK 1 46:20.
210
It does not mean surety or guarantee, although this meaning is attested in
Babylonian and later Assyrian, also for the nominal derivative katt.
472
211
See Veenhof, Modern Features . . ., 351., and Silver and Credit . . ., 82f.
Examples are AKT 1 34; EL 87 and 185; ICK 2 95 and 147; I 475.
213
See Kraus, Verfgungen . . ., 172, 205f.
214
See for the evidence, Balkan, Cancellation of Debts . . . There is an unpublished debt note which uses the noun andurrum in this context.
212
473
redeem them. They could occupy them again after paying back half
the sale price; the rest could follow in three annual installments.215
7.4 Hire216
Letters and administrative records use the same terminology (agrum)
for the lease of houses and the hire of wagons, boats, donkeys, and
persons. Contractual details are known only for lease and some categories of persons. Some house-sale contracts deal with the present
occupants right to continue to live in it.217 Kt a/k 1255 and Donbaz,
Sadberk Hanim no. 28, grant a female tenant (wabum) the right
during her lifetime and forbid/punish her expulsion; the latter contract forbids her to sell or remove the house, its six beams and its
contents.
An attorney (rbium) could be hired (agrum/azum) in Assur
by a plainti, after authorization by the ruler and the City Assembly
(see 2.1.1.1 above). He was hired to assist the plainti and to
win his case (awatam kadum). He was promised a wage plus
compensation for travel expenses and food. He received half in
advance, to be returned if he abandoned the case before his mission was completed.218
Carriers, charged with the transport of merchandise and money
by caravan between Assur and Anatolia,219 were hired and employed
for at least one complete caravan journey, frequently also for longer
periods, so that they became employees of the rm. In exchange for
his services, the carrier received an interest-free silver loan, called
be"ltum, (capital) at free disposal.220 The loan was regularly used
to buy a few textiles in Assur, to be sold in Anatolia with prot.
Nearly all contracts state that the carrier is held by the silver (iti
kaspim uktl ), hence is obliged to perform his service as long as he
keeps the loan. The penalty for breach of contract is interest on the
215
474
221
Garelli, Tablettes . . . II no. 23: 22.; EL 335340; but cf. CCT 3 29:31/.
For this reason, EL (nos. 11035) classied them under the heading Verwahrung (deposit).
223
See Larsen, City-State . . ., 99f.; tapp"um means colleague, fellow (trader,
witness, debtor, creditor) as well as (formal) business partner (Veenhof, Private
Summons . . ., 453.; OIP 27 59:10).
222
475
224
ICK 1 1 with BIN 6 181; see Michel, Innya . . ., I 173., and II no. 125.
In Assyrian barini (between us).
226
According to a verdict of the City; see Veenhof, Legislation . . ., 1730f.
227
To be able to do so, the value (awtum) of each participating traders merchandise was expressed in tin.
228
See Larsen, Partnerships . . . and Naruqqu-contract . . ., and Dercksen,
Financing . . ., 9297.
225
476
477
cerns the payment of blood money (80 shekels of silver) for killing
an Anatolian, which the krum had advanced for the Assyrian culprit.232
When Anatolians tried to rob caravans or plunder houses,233 the
Assyrians turned to the local rulers, who were responsible for their
safety and for compensating losses (uluqq"). The ruler could (or
was obliged to) extradite the thieves to be killed.234 Assyrians guilty
of oenses such as smuggling,235 trading in restricted items, or helping a rulers enemy usually ended up in jail (kierum), whereupon
their relatives and friends or the Assyrian authorities tried to get
them free by oering presents (irbum) and paying ransom (ipir).
A detailed deposition reveals how an Anatolian accusation against
an Assyrian of cooperating with the enemy was handled. The ruler
rejects the oer of an exculpatory oath or submission to the river ordeal, insisting on extradition of the culprit or payment of an extremely
high ransom, or else your brother is dead!236
Among Assyrians, entering somebodys strongroom, especially after
a trader had died, required good credentials, authorization by authorities, and the presence of a committee of outsiders, which had to
report on what had happened.237 According to a ruling of the City,
those who tried to appropriate a dead traders assets before the obligatory general settlement of accounts in Assur had to give back what
they had taken; if not they were considered to have committed a
theft.238 Multiple compensation for theft is clear from a single debt
note for an amount of silver, which adds at the end: He stole silver and the krum condemned him to (pay) triple.239
9. T
The Old Assyrian traders operated in Anatolia on the basis of formal treaties, called oath (mamtum), concluded between the Assyrian
232
478
authorities and the local Anatolian rulers. The Assyrians were granted
residence rights in the (commercial districts of the) cities and extraterritoriality, in the sense that their colonies were political and juridical extensions of the government of Assur. Treaties had to be renewed
whenever a new ruler ascended the throne.240 According to one
treaty, the local ruler has to bar competitors of the Assyrians, notably
Babylonian traders, whom he will extradite to be killed. The ruler
is entitled to a minute part of or levy on the goods carried by the
Assyrian caravans passing through his country in both directions.241
A
AKT 13
240
241
TPK 1
I+number
479
B
Albayrak, I. Koloni a<inda yerli bir bayan Madawada. In Acts of the III rd
International Congress of Hittotology, orum Sept. 1966, ed. S. Alp and A. Suel, Ankara:
1998, 114.
. Ein neues altassyrisches Testament aus Kltepe, ArAnat 4 (2000) 127.
. Kltepe metilinderinde geen m" su Kelimesi, Anadolu Medeniyetleri Mzesi
2000 Yll< (Ankara: 2000) 30011.
Balkan, K. Letter of King Anum-Hirbi of Mamma to King Warshama of Kanish. Trk Tarih
Kurumu Yayinlarindan VII/31. Ankara: Trk Tarih Kurumu, 1957.
. Contributions to the Understanding of the Old Assyrian Merchants of Kani,
Orientalia 36 (1967) 393415.
. Cancellation of Debts in Cappadocian Texts. In Anatolian Studies Presented
to H.G. Gterbock on the Occasion of his 65th Birthday, ed. K. Bittel et al. PIHANS
35. Istanbul: Nederlands Historisch-Archaeologisch Instituut in het Nabije Oosten,
1974, 2942.
. Betrothal of Girls during Childhood in Ancient Assyria and Anatolia. In
Kaniuwar. A Tribute to H.G. Gterbock on his 75th Birthday, ed. H. Honer and
G. Beckman. AS 23. Chicago: Oriental Institute of the University of Chicago,
1986, 111.
Bayram, S. Kltepe tabletlerinde geen yeni bir vde ifdesi ve ikan netceler.
In X. Trk Tarih Kurumu Kongresi, 1986. Kongreye Sunulan Bildiriler 2. Ankara: Trk
Tarih Kurumu, 1990, 45361.
. The Institution of Slavery in Ancient Anatolia in the Light of New Documents,
Belleten 60/229 (1996) 61531 with 15 plates.
, and S. een. Sechs neue Urkunden ber Heirat und Scheidung aus Kani,
ArAnat 1 (1995) 112.
, and K.R. Veenhof. Unpublished Kltepe Texts on Real Estate, Jaarbericht
Ex Oriente Lux 32 (1993) 89100.
Bilgi, E. Die originellen Seiten im Eherecht der vorhethitischen Bevlkerung
Anatoliens, Ankara niversitesi Dilve Tarih ografya Fakltesi Dergisi 9 (1951) 23950.
. Three Tablets from the City Mound of Kltepe, Anatolia 8 (1964) 14563.
een, S. Kltepe metinlerinde bulunan yeni waklum mektuplar, Ankara niversitesi Dilve Tarih ografya Fakltesi Dergisi 34 (1990) 3551.
. Kani krumunun di<er krum ve wabartumlara K.AN (amtum) ile ilgili
nemli talimatlar, Belleten 61/231 (1997) 21932.
. Yeni delillere gre Kltepede kan paras. In XXXIV me Rencontre Assyriologique
Internationale. Kongreye Sunulkan Bildiriler, ed. S. Alp et al. Ankara: Trk Tarih
Kurumu, 1998, 29196.
, and K. Hecker. ina mtika eblum. Zu einem neuen Text zum Wegerecht in
der Kltepe-Zeit. In Vom Alten Orient zum Alten Testament: Festschrift fr Wolfram
Freiherrn von Soden, ed. M. Dietrich and O. Loretz. AOAT 240. Kevelaer: Butzon
and Bercker, 1995, 3142.
Dercksen, J. The Old Assyrian Copper Trade in Anatolia. PIHANS 75. Istanbul: Nederlands
Historisch-Archaeologisch Instituut te Istanbul, 1996.
. The Silver of the Gods: On Old Assyrian ikrib, ArAnat 3 (1997) 75100.
480
481
482
483
485
MESOPOTAMIA
1
For the history of Babylonia under the Kassite and Isin II dynasties, see
Brinkman, Kassiten, and Isin. B. II. Dynastie. For a general overview of
the Kassites, see Sommerfeld, Kassites . . . Regnal dates follow Brinkman,
Chronology . . .
2
Podany, Middle Babylonian . . .
486
Neither law codes nor royal edicts composed during this latter part
of the second millennium have been found.3 However, a new kind
of public-display inscription is introduced during the Middle Babylonian period: the Babylonian Entitlement nar.
Formerly known as kudurrus (boundary markers or boundary
stones) recent research indicates that these artifacts stood not on
eld boundaries but in temples.4 They were known to the Babylonians
simply as nar (stone) monument, and rather than marking boundaries, their function was to commemorate acquisition of entitlement
to a source of income in perpetuity. In most cases, this source of
income was a plot of agricultural land, but income from temple
prebends and real income stemming from release from traditional
tax or labor obligations due the crown are also attested. The Entitlement nars (henceforth simply nars) commemorated acquisition to
an entitlement and were intended to ensure that the entitlement be
permanent, that is, inheritable, and remain part of the recipients
family holdings theoretically forever.
The nar inscriptions have formal characteristics both of monumental and legal texts. On the one hand, like other (i.e., royal) monumental inscriptions from Mesopotamia, the texts are written in
archaizing script and elevated language. They are inscribed on stone
and partnered with pictorial images of divine symbols or scenes of
royal or cultic activity. On the other hand, the inscriptions characteristically open with a pithy description of the entitlement and go
on to list witnesses to the entitlement transaction, give account of
sealing of the entitlement, and provide a time and place of the transactionall elements associated with Mesopotamian legal records.
Regardless of their formal classication, the nars are a rich source
of information for Middle Babylonian social and legal history.
1.2 Private or Archival Legal Records
Far fewer private legal texts are available from the Middle Babylonian
period than from the preceding Old Babylonian and succeeding Neo3
Note, however, that the text of the Law Stele of Hammurabi was known in
the scribal schools of this time. See Finkelstein, Hammurapi Law Tablet . . ., and
Borger, BAL I, 24.
4
See Slanski, Study . . .
487
Babylonian periods. The texts that are available come primarily from
the cities of Ur5 and Nippur, or are unprovenienced. Many of the
Nippur texts have yet to be published. A few texts have been excavated at the Kassite capital, Dur-Kurigalzu. The ana kingdom is
the source of a few documents bearing on the history of law, and
the texts reveal inuence from both the Middle Assyrian and Middle
Babylonian heartlands as well as similarities to legal practices known
from Nuzi.6
1.3 Royal International Correspondence: The Tel el-Amarna Archive
The letters found at el-Amarna date to this period, including fourteen letters written by the Kassite king of Babylonia to the Pharoah.7
The letters shed some light on the royal Babylonian perspective on
some legal matters, chiey theft and murder.
2. C A L
2.1 Organs of Government
2.1.1 The King
A literary text about the Kassite king Kurigalzu (I, late 1400s, or
II, 13321308) refers to the king as the judge, who like ama discovers the truth, who among all people restores the one who has
been wronged, who decreed andurru (annulment of debt slavery) of
the people of Babylon.8
Limits on the powers of the king are evident in the nars. According
to one text, previously uncultivable land was developed by the king
before he granted it;9 in another we are informed that the previous
holder had committed a serious oense before the king claimed his
land in order to grant it to another.10 Both cases demonstrate that
royal prerogative to claim and grant land was not boundless and
had to be legally justied.
5
Copies of the texts from Ur are in UET 7. The texts are edited in Gurney,
Middle Babylonian . . .
6
For a discussion of the ana texts, see Podany, et al., Adoption . . ., and
Lion, Landuraru . . .
7
See the introduction to Moran, Amarna Letters . . ., xiiixxxix.
8
MAH 15922, obv 1213; discussed by Sommerfeld, Kurigalzu-Text . . .
9
MDP 10, pls. 1112.
10
IM 74651 (= Reshid and Wilke, Grenzstein . . .).
488
SBKI 2.
E.g., MAH 15922 (see 2.1.1 above), a reference to a decree freeing the women
of Nippur (4.3.4 below), and the andurru references from ana (4.4.5 below).
13
E.g., UET 7 11, 73.
14
See Brinkman, Provincial Administration . . . and Brinkman, Political History . . .,
296331.
12
489
15
See Brinkman, Provincial Administration . . ., 2345 and Brinkman, Political
History . . ., 297 and nn. 194142, and Gurney, Middle Babylonian . . ., 17.
16
For the title aknu, see, most recently, CAD I, 191.
17
BBSt. 3.
18
E.g., UET 7 2, 8, 10.
19
E.g., UET 7 2, 3, 6.
490
20
21
22
UET 7 7.
E.g., UET 7 9.
See esp. SBKI 2, as well as MDP 10 pls. 1112, Hinke kudurru, BBSt. 6, BBSt.
24.
23
E.g., Hinke kudurru (ilku and diktu); BBSt. 24 (ilku and tupikku).
See 2.1.1 above. Additional exemptions included eldwork, delivery of agricultural products, seizure of servants, animals and equipment, grazing privileges.
25
BBSt. 6.
26
BBSt. 3.
24
491
27
28
29
30
31
32
492
UET 7 9.
E.g., UET 7 3, 15.
E.g., UET 7 15.
E.g., UET 7 6.
E.g., UET 7 8.
UET 7 7.
UET 7 2.
E.g., BBSt. 3 and BE 1/1 83.
UET 7 6.
E.g., TuM 5 69 (= Petschow MB Rechtsurkunden 13).
UET 7 9, 43.
493
44
45
46
47
48
49
50
51
UET 7 10.
UET 7 8.
UM 2916340 (= Brinkman MSKH 24).
BBSt. 6.
E.g., UET 7 7.
E.g., UET 7 2, 6, 7, 8.
UET 7 10.
UET 7 1.
494
52
53
UET 7 2.
MDP 6 31.
495
3.3.2 Documents
In one case adjudicated by the king, land purchased in good faith
was claimed by the king and restored to a large estate.54 In order
not to forfeit the hand of the buyer, the king ordered the sons of
the buyer to be compensated and ordered those sons to hand over
their sealed record of purchase (see 6.3.1.1 below). But tablets
could also be inaccurate, incomplete, or deliberately falsied, and in
most cases the courts relied primarily on witnesses, whose testimony
could be supported by an oath, and on documents when their testimony could be supported by witnesses. A legal document was regularly encased in an envelope that was then sealed to ensure its
integrity. Sealed tablets could be produced to demonstrate an outstanding obligation of one of the parties. Once the obligations had
been met, the tablet could be broken.
3.3.3 Oath
3.3.3.1 The oath was a self-curse performed in the temple, in the
physical presence of the emblemor weaponof the god (or multiple gods). No actual oaths from this time are known.
3.3.3.2 The eectiveness of the oath lay in the oath takers fear of
sanctionsdivine, and presumably human if discovered. Thus, sending the parties to take the oath was a measure by which the court
could test the truthfulness of the claims and also give the parties an
opportunity to settle. If a party was afraid to take the oath and
refused, he thereby essentially admitted the untruthfulness of his
claim/testimony, and the trial was over. Some documents report simply that PN1 and PN2 were sent to take the oath; PN1 paid PN2
such-and-such an amount. We can infer that PN1 had refused to
take the oath and the two agreed to settle.
3.3.4 Ordeal 55
3.3.4.1 The mechanics of the ordeal are not made explicit. It takes
place at the divine River, or river god. Middle Babylonian sources
report that persons were sent to the ordeal; 56 that persons were either
54
55
56
BBSt. 3.
See Gurney, Middle Babylonian . . ., 1012.
UET 7 9; BBSt. 3.
496
cleared (zak) by the ordeal or returned (tru), that is, not cleared;57
that persons asked not to be sent to the ordeal;58 and that persons
refused to take the ordeal.59 As with refusal to take the oath, refusal
to submit to the ordeal meant a willingness to settle.
3.3.4.2 The ordeal is attested in legal documents from Ur and
Nippur and in a nar recording a decision rendered at the royal
court (presumably in Babylon). Although the texts report unequivocally that both sides were sent to the ordeal, they do not tell us if
both sides were to plunge into the river. The ordeal is prescribed
in cases of theft, rival land claims, and a dispute over a runaway
slave. When there were counter-accusations, the ordeal also determined the question of false accusation.60
3.3.4.3 The ordeal was prescribed by a priest,61 a judge,62 a person likely to have been the mayor (azannu),63 and the king.64
4. P S
4.1 Citizenship
4.1.1 In sale documents, children being purchasedfor slavery or
marriagemay be described as wilid mt Kardunia born of Babylonia,
that is, native born.65
4.1.2 If the qualication for citizenship is to be native born, then
slave status and citizenship are not incompatible. A text regarding
the status of a woman refers to the time when (the king) freed the
(native-born) women of Nippur (see 4.3.1 below), indicating not only
that citizens could be enslaved but that they retained their citizenship-status and might eventually be returned to their freedom.
57
58
59
60
61
62
63
64
65
UET 7 9.
UET 7 5 (?).
UET 7 9 and TuM 5 64 (= Petschow MB Rechturkunden 8).
See esp. UET 7 11 and 73.
E.g., UET 7 5.
E.g., UET 7 9.
TuM 5 64 (= Petschow MB Rechturkunden 8).
UET 7 11, 73; BBSt. 3, BBSt. 9.
UET 7 2, 21, 24; CBS 12917 (= Brinkman MSKH 9).
497
4.1.3 Foreigners
A nar passage reads: Whensoever in the future, be he Elamite, or
Subarian, or Amorite, or Akkadian, ocer, magistrate, who would
come forward and litigate . . .66 This passage suggests that any of
those persons so identied had access to the legal system.
Most nars prohibit ordering a foreigner (aamma) or a stranger
(nakra) to violate the monument.67 Because these terms for foreigner
occur in the same context as blind man or ignoramus, the implication clearly is that such persons cannot know any better. Sanction
for violating the monument is to fall upon the (native-born) person
who would take advantage of a foreigners ignorance in order to
violate the entitlement. Such action is severely punishable. This implies
that in some circumstances a foreigner might be excused for not
understanding the laws or traditions of the land.
Foreigners might also be identied as fugitive (munabittu). In one
text, a craftsman is identied both as fugitive and Hanigalbatian
(anigalbat).68 The text itself commemorates a royal land grant to
the man, ostensibly in appreciation for services rendered to the king.
But in another text, a man identied as an Elamite fugitive fared
quite dierently: he was fettered with a heavy copper chain and
assigned, presumably as a slave, to the apothecary of the house of
the assembly.69
4.2 Class
Class distinctions as known from the Old Babylonian law codes are
changed in the Middle Babylonian sources.70 The abstract term
awltu/amltu awlu-ship or -status, denoting full citizenship in
the earlier period, is used mostly in Middle Babylonian to designate
slaves or slave status.71
66
498
4.3.1 In ration lists, persons are listed under the male head of
household. This organization supports the conclusion that the archetypal person under the law was the male head of household.
Nonetheless, there is evidence for women having a measure of independent legal status.
4.3.2 Women appear in legal contexts most frequently as sellers of
their children, but in these transactions they are almost always accompanied by men.
4.3.3 Daughters of the king may have had a special status; there
is evidence that they held large estates.72 In a Kassite nar, the daughter of the king receives extensive agricultural land and settlements
from him. In addition to setting up the monument for hercommemorating his gift and protecting her interestthe king gave her
the sealed tablets regarding the land that he had purchased so that
she might not incur any lawsuits in the future.73
4.3.4 In an extraordinary text, only partially published, a woman
writes to the owner of her sister after the king has declared the (freeborn) women of Nippur to be free. She writes in the letter on behalf
of her sisters legal rights.74 Three women appear as the principals
in a contract probably from Nippur.75 One borrows personal items
(a lamp, two dierent garments) from a second woman and then
gives them to a third. If the items are not returned, the rst woman
is to reimburse the owner of the items.
4.3.5 Finally, women appear on their own behalf, unaccompanied
by men in a few court decisions. In one record, a man and woman
appear together before the mayor of Nippur for a decision concerning an Elamite, presumably a slave, who had disappeared.76
When the mayor sends them both to the river ordeal (see 3.3.4
72
499
77
78
79
80
500
81
D-K 2. But see Wohl, Agaptaha . . ., in which a Hanigalbatian fugitive,
who was also a craftsman, receives a royal land grant.
82
Brinkman, Review of Symbolae . . ., 259 and n. 6.
83
D-K 2.
84
TuM 5 67 (= Petschow MB Rechtsurkunden 10).
85
RBC 799 (= Podany et al., Adoption . . .).
501
5. F
Evidence for family law is meager.
5.1 Marriage
5.1.1 Conditions
5.1.1.1 There are a group of texts known as uppi zununn/uppi
auzzati that are related to marriage (see 5.1.2 above). In a separate
text, a father is said to buy a girl as wife (lit., for daughter-in-lawship) for his second son (ana kallti ana PN mru terdinni ilqi ).86
5.1.1.2 Slave and married status were not incompatible, although
a man could not marry his own slave (i.e., give her the status of
wife) without giving that woman her freedom.87 In one case, a girl
was taken from the charge of one aknu by another.88 She was then
taken by yet another aknu, who handed her over to a weaver. Finally,
her husband presented himself and she was released to him; in compensation to the weaver from whom she was taken, another girl was
given in her place. It seems likely that the rst girl had the status
of a wife as well as of a slave, and perhaps her husband was able
to retrieve her because the claim of a husband outweighed the claim
of an owner.89 At the same time, however, the weaver from whose
charge the girl was removed was entitled to equivalent compensation. When a father purchased a girl as a wife for his son (see 5.1.2),
she would have had the status of wife vis--vis her husband.
5.1.2 Formation
5.1.2.1 According to one text, a merchant purchased a girl for
daughter-in-lawship for his son (ana kallti ana PN mru terdinni ilqi ).
The sellers are the girls parents, who receive garments worth two
shekels of gold with the remainder of the price to be paid in food.
86
502
CAD Z, 1623.
Greengus, Marriage Ceremonies, 6768.
Gurney, Middle Babylonian . . ., 13638.
I R 70.
503
94
504
100
101
102
103
505
5.3 Adoption
According to a broken adoption and inheritance text from ana (see
6.2.1.2 below), an adoption could be dissolved with a statement by
the adopted son to his parents: You are not my father or You
are not my mother.104 The penalty in this text, however, seems
unusually harsh: the head of the adopted son who breaks the contract will be smeared with hot asphalt (a.esir2 ud.du.a emmam qaqqassu
ikkappar),105 and he will pay a penalty in silver. As the adopting couple already has a (presumably biological) son who will follow the
adopted son in rank, and because the penalty for breaking the contract includes a payment in silver, it would seem that, as in many
contemporary Nuzi adoptions, the function of this adoption was to
enable the transfer of family property to an adopted son in exchange
for future nancial support.
6. P I
6.1 Tenure
There is some evidence for royal land grants made to reward ocers
or ensure their fealty, and as such they are comparable to royal
grants from earlier periods. During the Kassite Dynasty, however,
the king could grant land to an individual as a permanent holding,
a grant that no one, not even a future king, could reverse or encroach
upon in any way. This innovation in land tenure occasioned the
innovation of a form of public documentation, the Entitlement nar
(see 1.2 above). The terms of the grantas well as erce imprecations against its violationwere inscribed upon stone monuments
embellished with sculpted divine emblems and placed in the temple.
In this way, the monument commemorated the recipients entitlement to the holding and protected his right to pass it down to his
heirs. These monuments were also used to commemorate acquisition of sources of perpetual income other than land, such as temple prebends and exemptions from tax and labor obligations
104
Presumably parallel statements by the adoptive parents, which are not preserved, also would suce to dissolve the relationship.
105
RBC 779 (= Podany, et al., Adoption . . .).
506
traditionally due the crown.106 The nars are our best source for information about land tenure during the Middle Babylonian period.
6.2
Inheritance
106
Slanski, Study . . .
BBSt. 3.
108
The text is concerned with land and does not state what other property the
estate might have included.
109
Between the rst and the third claims, a dierent challenge was posed to the
priests title. Another individual apparently had sold some lands belonging to the
estate and the priest wanted to reclaim them. The king now on the throne had
the sale investigated. After reviewing the evidence, he awarded the previously sold
land to the priest but ordered that he must compensate the sons of the now-deceased
buyer who had purchased in good faith.
107
507
claimant and the son of the priest (by then also deceased) to the
water ordeal.
From this text we learn that where the original owner had died
leaving no male descendants but one female descendant, inheritance
could pass through the latter and the deceaseds brothers, either by
blood or in law through being brought close for brotherhood.
Because ones maternal parentage cannot be in doubt, the problem
of the claimants mother not being named (l zukkurt) must mean
that she was a daughter of PN through a slave and that PN had
not legally recognized her as his child. Her child, then, had no legal
claim to the estate.
6.2.1.2 An adoption and inheritance text from ana illustrates that
the eldest son, in this case the adopted son, receives two inheritance
shares.110
6.2.2 Female Inheritance
A nar records an instance whereby land from the paternal estate
was given to a daughter, and the land was termed mulgu (dowry).111
In an adoption and inheritance text from ana (see 6.2.1.2 above),
a parcel of property is described as the share of PN, which she
received from the house of her father (ha.la mfPN a in bt aba
telq). This evidence indicates that a daughter could receive a share
of her paternal estate either as a dowry or as inheritance. The same
woman is named earlier in the text as the adoptive mother in the
contract. It would seem that her dowry is described here to preclude it from being claimed as part of her husbands estate in the
event of his death.
7. C
Contract texts are written records of verbally executed agreements,
and they record, usually using formulaic Sumerian or Akkadian
expressions, the vital information about the contract: the topic of the
110
RBC 779 (= Podany et al., Adoption . . . For texts from ana, see 1.2
above.
111
Marduk-ndin-ae, the Caillou Michaux. A Neo-Babylonian nar, Nabmukn-apli, BBSt. 9, also documents a gift of mulgu made to a daughter from her
fathers estate upon her marriage.
508
contract, names of the parties, operative clauses, any special contingencies, witnesses, date, and seal impressions112 of participants and
witnesses. If it records certain obligations still to be met, the text
might add that when so-and-so fullls the conditions, his tablet will
be broken.
7.1 Sale
The formulary of the Middle Babylonian purchase texts records
that the purchaser bought some commodity from the seller. The sale
was complete once the purchase price was accepted.
7.1.1 Sale texts record an executed contract; in a very few cases
(see 7.1.2.1), contingent obligations remained to be fullled. The purchase of persons, animals, furniture, and land is attested.113 The written contract could serve as the deed of title.114 The sale contract is
written from the buyers point of view,115 sealed by the seller and
ultimately retained by the buyer. Most sales were recorded on clay
tablets, and additional information about land sales is provided by
nars (see 6.1 above). The texts of the clay tablets are formulaic,
employing set phrases in Sumerian known from earlier periods: the
contract includes operative, completive, and contingency clauses. The
texts close with a list of the witnesses, a reference to the sealing of
the document, and the date.
7.1.1.1 Operative Clauses
The operative clauses include a description of the sale item, a statement that PN1 (the buyer) has purchased (im, in.( i.)sa10, ilqi ) the
item from (itti) PN2 (the seller), and a statement that the amount
paid was the full price (m.til.la.bi., ana mu gamrti ). This was
followed by a statement of the price the sellers received (mair). In
In lieu of a seal, a ngernail could be pressed into the clay.
No land-sale texts from this period have been recovered (see Oelsner, Review . . .,
29091, but note Gurney, Middle Babylonian . . ., 4, n. 8, referring to a Sippar tablet
inventoried in ABAW 87 100, IB 1018b). Nevertheless, BBSt. 3 (see 6.1 above) certainly attests to the existence of such documents and their role as proof of title.
114
See BBSt.3 (6.3.1.1), in which sons of the purchaser of a piece of a disputed
estate are sent home to nd their fathers sealed record. The king ordered the tablet
handed over to the new owner of the property.
115
UET 7 23 may be an exception, written from the point of view of the sellers; see Gurney, Middle Babylonian . . ., 5.
112
113
509
510
full price, the text goes on to state that PN1 will pay (inamdin) PN2,
the rst named seller, two garments valued at nine shekels, as well
as a large jar of liquor and an amount of grain. The unusual use
of a verb in the durative is unexplained, as are the payments above
the nine-shekel price of the cow. It has been suggested that these
additional commodities served as interest on the purchase price not
yet paid and potentially were regarded as a loan from the sellers to
the buyer.120
7.1.2.1 In another text from Ur, the buyer contracts with an individual to purchase a suckling calf.121 The text is broken, and it is
not possible to determine if the price has been or is to be paid in
the future. In any event, the man receiving the money is to deliver
the calf early in the following year. In another contractual purchase,
a merchant (tamkru) receives a sum of money as the price for a
girl.122 As merchants frequently served as buyers under contract, the
girl presumably was to be purchased and delivered by the merchant
at a later date.
7.1.3 Variations in the formulary of sale contracts, including contingency clauses, may have their origins in dierent locales.123
7.2 Loan
Few loan texts are known, and only loans of grain or personal items
not silverare thus far attested. Rates of interest are not specied.
7.2.1 Terms
Two types of loan, both well known from preceding periods, are
attested: the ubullu (Sum. ur5.ra), an interest-bearing loan of grain,
and the ubuttu (variant: ubutttu), a loan given without interest. A
singular text from Ur records the loan from one woman to another
of personal items to be returned or recompensed at a later time (see
4.3.1 above). Another text records that to meet his regular contributions to the temple brewer, a man borrowed (ibutu) from that
120
121
122
123
511
124
UET 7 47.
UET 7 6. PN1 had placed an amount of grain in the house of PN2. After
PN2 died, PN1 litigated against PN3 (probably his son) for payment.
126
E.g., UET 7 48.
127
E.g., UET 7 17; BE 14 111, 115.
128
E.g., UET 7 36, concluded before witnesses.
129
E.g., UET 7 18.
130
UET 7 16.
131
UET 7 46.
125
512
7.4 Distraint
The creditor seized (ibat) the debtor, or detained him in connement or in his house (ina kili or ina btu ikla). Distraint is documented most frequently for failure to pay a debt,132 including
situations in which a surety has secured release of a prisoner and
then seizes the prisoner himself to recover his bail,133 and in failed
sale transactions.134 The debtor himself is most often the distrainee,
although family members were also subject to distraint.135 In sales,
the surety (katt) and his family were subject to distraint.136
7.5 Debt and Social Justice
Four texts from the ana kingdom (see 1.2 above) stipulate provisions in the event of andurru: a royal act of remission of debts and
manumission of debt slaves. In these texts, concerning real estate
and adoption, the commodities exchanged (i.e., property and child)
are said to be irrevocable; not subject to claim or to andurru
(nabum a l baqrim u l andurrim).137 Additional evidence for andurru
in the ana region is provided by a date formula: The year when
ammu-rabi, king, established andurru in his land. From Babylonia
proper, a literary text praises King Kurigalzu as he he who established andurru of the people of Babylonia (kin andurr ni Bbili )
(see 2.1.1 above).
The intent of the andurru clauses in the ana contracts is to guarantee the buyer/adopting parents that the transfer cannot be revoked
by royal decree of debt cancellation. It is not clear on what basis
exemption was possible in these cases.
7.6 Suretyship138
Suretyship is documented for the release of persons imprisoned for
debt,139 for failure to execute terms of a contract,140 or on suspicion
132
513
141
UET 7 19, 20 (suspicion of stolen goods), 75 (cattle); BE 14 119 (cattle); TuM
5 67 (= Petschow MB Rechtsurkunden 10) (possession of a runaway slave).
142
UET 7 75.
143
BE 14 119; Petschow MB Rechtsurkunden 10.
144
UET 7 18.
145
UET 7 17.
146
For penalty multiplied by a factor of two (UET 7 2, 24); six (?; BE 14 119);
ten (UET 7 10); twelve (UET 7 75).
147
E.g., BE 14 48, whereby the hirer failed to provide a replacement ox and
must make good the loss of the owners crop.
148
E.g., BE 14 65; BE 15 19, 66, 81, 112, 159, 179.
514
7.7.2 Persons
Texts concerning runaway or misappropriated slaves speak of their
hire,149 indicating that slaves could be hired out, probably according to a standard rate.
7.7.3 Services
7.7.3.1 Wet nurse
Women identied with the title wet nurse (muniqtu), appear in
lists of temple disbursements. As in earlier periods, their services were
probably available for hire.
7.7.3.2 Herds
Flocks of small cattle could be hired out. The herdsman assumed
responsibility for the herd in exchange for a portion of wool,
meat, and other animal products.150
7.8 Partnership
Partnerships were formed both for agricultural and non-agricultural
undertakings. According to one text, two men came together with
a priest for partnership (itti aami ana utapti illik),151 and they
received two cows from him and (in exchange) cultivated his eld.
When oneperhaps both?cows died, the two partners negotiate
who will replace the property of the priest. The text records a settlement conducted in private without a hearing, indicating that the
responsibilities and liabilities for such partnerships were commonly
understood. Another text documents that a man registered to his
partner an amount of grain for brewing.152
7.9 Deposit
A settlement document records a dispute over grain deposited for
storage (see 7.2.1 above).
149
TuM 5 67 (= Petschow MB Rechtsurkunden 10): era u idtu a itu m
halqu, and TuM 5 69 (= Petschow MB Rechtsurkunden 13): amlta u idta a mi
na.
150
E.g., BE 14 48.
151
UET 7 4.
152
TuM 5 21 (= Petschow MB Rechtsurkunden 41).
515
516
159
160
161
517
162
518
8.4.4 Receiving
8.4.7.1 A person imprisoned for possessing stolen goods could petition for release in order to produce the partypresumably the thief
from whom he had received the goods.169 If a surety secured his
release, the surety assumed the obligation to make good the losses
if the thief was not produced (see 7.6 above).
A
Brinkman MSKH Brinkman, Materials . . ., by text number
D-K
Dr-Kurigalzu; refers to texts published in Gurney, Texts from
Dur-Kurigalzu
Peiser Urkunden
Peiser, Urkunden . . ., by text number
Petschow MB
Petschow, Mittelbabylonische . . ., by text number
Rechtsurkunden
SBKI
Hinke, Selected . . ., by text number
BI
Arnaud, D. Deux kudurru de Larsa II: tude pigraphique, RA 66 (1972) 16376.
Balkan, K. Studies in Babylonian Feudalism of the Kassite Period. Transl. B. Foster and
D. Gutas. MANE 2/3. Malibu: Undena, 1986.
Bernhardt, I. Sozialkonomische Texte und Rechtsurkunden aus Nippur zur Kassitenzeit. TuM
5. Berlin: Akademie Verlag, 1976.
, and J. Aro. Mittelbabylonische Briefe in der Hilprecht-Sammlung. WZJ 8 4/5, (19589,
56774.
Brinkman, J. Kassiten, RlA 5, 18389.
. Isin. B. II. Dynastie, RlA 5, 46473.
. Provincial Administration in Babylonia under the Second Dynasty of Isin,
JESHO 6 (1963) 23342.
. A Political History of Post-Kassite Babylonia. Analecta Orientalia 43. Rome,
Pontical Biblical Institute, 1968.
. Review of Symbolae iuridicae et historicae Martino David dedicatae, JNES 32 (1973)
25960.
. Materials and Studies for a Kassite History. Vol. 1. Chicago: Oriental Institute,
University of Chicago, 1976.
. Mesopotamian Chronology of the Historical Period. Appendix to A.L.
Oppenheim, Ancient Mesopotamia: Portrait of a Dead Civilization, ed. E. Reiner. 2nd
ed. Chicago: University of Chicago Press, 1977, 33552.
. Forced Laborers in the Middle Babylonian Period, JCS 32 (1980) 1722.
. Sex, Age, and Physical Condition Designations for Servile Laborers in the
Middle Babylonian Period: A Preliminary Survey. In Zikir umim: Assyriological
Studies Presented to F.R. Kraus on the Occasion of his Seventieth Brithday, ed. G. van
Driel et al. Leiden: Brill, 1982, 18.
Finkelstein, J. The Hammurapi Law Tablet BE XXXI 22, RA 63 (1969) 1127.
Gelb, I., P. Steinkeller, and R. Whiting. Earliest Land Tenure Systems in the Near East:
169
519
520
521
MESOPOTAMIA
Law Codes
No code of laws in the modern sense has been discovered for the
Middle Assyrian period. There is, however, a collection of fourteen
tablets, the so-called Middle Assyrian Laws (MAL), some of them
very fragmentary, compiled in the manner of modern restatements,
which organize laws broadly by subject matter. Thus, Tablet A, the
best preserved, sets out laws relating to women (Frauenspiegel ); Tablet
B deals principally with landed property, and Tablet C+G with movable property. Most of these documents are copies from Assur from
the eleventh century, based on fourteenth-century originals.1
1.2 Palace Regulations
The so-called Harem Edicts are a collection of twenty-three regulations on nine fragmentary tablets. Composed in the reign of TiglatPileser I (11141076), it comprises the decrees (riks) of nine kings
over three centuries, between 1363 and 1076. They concern the
internal running of the palace and the royal harem.2
1
Translation and/or commentary: Driver and Miles, Assyrian Laws . . .; Cardascia,
Lois . . .; Saporetti, Leggi . . .; Borger, Gesetze . . . (Tablet A only); Roth, Law
Collections . . ., 15394.
2
Editio princeps, cf. Weidner, Hof . . .; supplemented by Cardascia, Gesetze . . .,
28688 and Roth, Law Collections . . ., 195209. Citation follows the numbering in
Roth.
522
3
4
5
6
7
8
9
10
11
523
12
Grayson, Eunuchs . . .
Postgate, Archive of Urad-era . . ., xxiiixxv, and Structure . . ., 202; for the
commercial activities of Bbu-aa-iddina, high ocial of Shalmaneser I, cf. KAV
98 and Freydank and Saporetti, Texte . . ., and Donbaz, Archive . . .
14
Finkelstein, ulmnu . . .; David and Ebeling, ARU, nos.8493.
15
Koschaker, Neue keilschriftliche . . ., 137145; David and Ebeling, ARU, nos. 78,
81; Freydank, Archiv . . .
13
524
more rarely, the temple, lends grain, drawn from the public granaries
(bt ame)16 or from temple reserves allocated for this purpose.17
2.1.3 The Courts
Judicial powers are shared by the king as ex ocio judge under the
title aklu (see 3.1), administrative ocials (see 3.2 below), and judges
proper (dayyn). Nothing is known of their training or professional
qualications. According to MAL, they hear the declaration of a
widow without means of support and investigate her circumstances
(MAL A 45), they establish a landowners dereliction of duty with
regard to irrigation in common (MAL B 1718), and they attest in
writing to the due discharge of formalities in a sale of land (MAL
B 6). They have penal jurisdiction in matters of adultery (MAL A
15), theft (MAL C+G 8), and witchcraft (MAL A 47). There is perhaps a geographical division, if the existence of judges of the land
(dayyn a mti: MAL C+G 8:6)18 is accepted, representing local jurisdiction in contrast to royal jurisdiction. The choice of local or royal
jurisdiction depends on the victim (MAL A 15) or on the gravity of
the oense. Thus, theft is punishable by the judges up to a certain
sum, above which the punishment will be at the kings discretion
(MAL C+G 8).19 There is no evidence of priestly courts (see 3.3
below).
2.2 Feudal Tenure
2.2.1 There seems to have existed a general royal doctrine giving
the palace eminent domain over all the land in the kingdom, including private land.20 The latter is very dicult to distinguish from land
granted by the king in exchange for feudal service (ilku). A feudal
tenant could actually alienate the land (KAJ 162) or pass it to his
heirs. The state, through its high ocials, also gave land to provin-
16
Postgate, Archive of Urad-era . . ., nos. 28, 5456; cf. also Harrak, bt aimi . . .
Aynard and Durand, Documents . . ., no. 3.
18
Driver and Miles, Assyrian Laws . . ., 509; Cardascia, Lois . . ., 310; Saporetti,
Leggi . . ., 125; contra Roth, Law Collections . . ., 194, n. 44.
19
Cf. the interpretation of Roth, Law Collections . . ., 184; contra Cardascia, Lois . . .,
31011.
20
Postgate, Ilku . . .; contra Diakono, Conditions . . ., and Freydank,
Grundeigentum . . ., 80, who maintains that communal family property existed in
the villages.
17
525
cial nobles as a reward for their services.21 In this way veritable latifundia (up to 40 hectares) were created, for example at Tell Billa,22
practicing intensive stock-farming and progressively replacing the old
wealth based on traditional cereal cultivation.23 Each estate had to
supply the state with a contingent of troops; the landholder had to
respond to a call to arms in person or by a substitute, and to report
together with his residents (ubtu). The latter owed service to their
lord and not to the crown. A feudal tenant enjoyed immunity which
allowed him to collect taxes on his own estate and to have royal
corve and military service performed by his farmers.
2.2.2 In case of death or failure to perform feudal duties, the king
could in theory repossess the land and assign it to another tenant.
A private estate acquired by the state passed into the public domain
and constituted the share of the palace (zitti ekalli ).24 This practice
is illustrated by MAL A 45: the wife of a prisoner of war, who is
destitute and has no family to support her, must wait two years for
her husbands return and ask the public authorities for work in order
to support herself. If her husband had an estate, the local authorities can authorize its sale, assessing the price by the current rate of
land in the area. The transaction may be annulled by the husband
on his return, unless the land has become inalienable by passing into
the public domain.25
2.3 Taxes
2.3.1 The holder of a feudal tenure owed ilku service to the king.
Service was essentially military in character,26 although convertible
into civilian service in the form of the royal corve. Sale of a feudal tenure did not necessarily include the obligation to perform the
service; most frequently, the seller continued to occupy the eld and
to live from its income, while performing the service on the buyers
behalf.27
21
22
23
24
25
26
27
526
28
Aynard and Durand, Documents . . ., nos. 8 and 11, with commentary;
Postgate, review of P. Machinist . . ., 233.
29
Customs duties for a two year-old mare were 50 minas of tin (OBT 3019);
an animal born within the country was exempt from duty (Deller, Assyrisch um/
nzaru . . ., 236).
30
Cf. Freydank, KAV 217 . . . The tablet, which is very damaged, contains a
collection of royal legal decisions dating from the time of Tiglat-pileser I, probably
preserved by the royal chancery.
31
Brinkman and Donbaz, Texts . . ., 8586; Freydank, Anmerkungen 3 . . .
32
Cf. Saporetti, Famiglia A . . ., 8284; see sec. 7 below.
33
Freydank, bitq batqu . . .
527
34
Hall, Legal Summons . . ., 75. For KAV 168, 169, 201, cf. Ebeling,
Archiven . . ., 3436; Saporetti, Bibliograa . . ., 142; Freydank, bitq batqu . . .
(for KAV 201). See also VAS 19 13, 15, 71.
35
Cf. Kraus, Sittenkanon . . ., 108; Driver and Miles, Assyrian Laws . . ., 408,
481. Freydank, bitq batqu . . ., 11213, argues that the btiqnu is one who, acting on behalf of a plainti, can seize his opponents goods.
36
Cf. Assur 10017, identied by Freydank, Anmerkungen 2 . . ., 22930 and
edited by Hall, Legal Summons . . ., to which should be added Deller, Assyrisch
um/nzaru . . ., 235, for the reading of ll. 914 and translation of the term um/nzaru,
native, indigenous.
528
168, 169, 201). It may happen that the summons is ignored, in which
case a new summons is sent, perhaps with a threat of arrest.37
3.3 Evidence
3.3.1 MAL describe the proving of a case with the verb burru, which
designates proof by any means.38 It is often associated with kunnu,
their combined meaning being to bring charges and convict.39 The
plainti must bring material evidence of his claims before the court.
The sources mention seizure in agrante delicto, testimony, oath,
and ordeal.
3.3.2 For adultery (MAL A 15) and witchcraft (MAL A 47), seizure
in agrante delicto does not dispense with the need for material evidence: testimony, plus exhibits for witchcraft. On the other hand,
the two types of evidence are mutually exclusive in the case of rape
of a wife (MAL A 12). A criminal conviction has to be based on
the testimony of two witnesses (MAL A 47).40 A fragmentary document
(OBT 2083+) contains the declaration of a witness concerning the
fraudulent sale of a slave: the witness conrms that he saw the slave
in the house of a man whom he names, and he seems to give a
description of the woman and her hairstyle.41 A solemn declaration
before the gods could be demanded of the parties (or the witnesses?)42
in litigation over the value of the widows dumq jewelry (MAL A
25 in n., which expressly excludes ordeal and oath).
3.3.3 In the absence of rational proof, use was made of the oath
or the ordeal. The oath is attested for theft by a wife (MAL A 5),
leaving the marital home (MAL A 22) and in cases of witchcraft
(MAL A 47). For witchcraft, the law provides for two types of oath,
based on a complicated situation: two men saw the sorcerer prac-
37
See the proposed readings by Ebeling, Archiven . . ., 36, for KAV 169:2124
and the obscure threat in KAV 168:1922.
38
CAD bru A, 127b mng 3.
39
Driver and Miles, Assyrian Laws . . ., 33943; Cardascia, Lois . . ., 9495.
40
On the application of the rule testis unus testis nullus in cuneiform law, cf.
Cardascia, Tmoinage . . .
41
Postgate, Ladies . . ., 9193.
42
MAL A 25:9092: As for the rest, they shall cause (it) to be passed before
the gods, they shall prove (it) and take (it).
529
ticing magic but one of them retracts his statement. His colleague
is thus at the same time an eyewitness and a hearsay witness to
statements made in private by the one who recanted. The king, who
conducts the inquiry, wishes to obtain the recalcitrant witnesss testimony so as to convict the culprit. The hearsay witness rst conrms
before the deity that there is a second eyewitness (MAL A 47:17);
the latter is subsequently interrogated by the king, then handed over
to an exorcist who puries him and hears his statement sworn by
the king and his son (MAL A 47:2324). The procedure is exceptional because the oath sworn applies not only to the witness but
also to the sorcerer:43 apart from the sworn statement being decisive
for conviction, the rite performed by the exorcist doubtless countered the curses which the witness thought he would suer if he
made a statement. Note also the unusual reference to the king and
his son in a legal source, which might suggest that the prince functioned as a co-ruler.
3.3.4 The river ordeal is prescribed in the absence of witnesses
(MAL A 17 and 22 for an accusation of adultery) or to establish a
persons good faith (MAL A 24). There is no description of the procedure. MAL are only concerned to accord or deny the parties the
possibility of negotiating the practical terms of the ordeal (rikste
iakkun they shall make an agreement MAL A 17:70; rikste lau
MAL A 22:9), most probably concerning the distance to be covered
in the water. In all cases, the ordeal is ordered by the judge, and
all the parties must go to the river. The ordeal itself, however, is
undergone by a single person, chosen by the judge on the basis of
his considered opinion.44
3.4 The judges are obliged to impose the statutory penalties (MAL
C+G 8) or those demanded by the plainti (MAL A 15). A special
case is sacrilegious theft by a woman (MAL A 1): the law provides for an oracular procedure (b"ertu) to establish the culprits
43
MAL A 47:2631: No one shall release you (the witness and the sorcerer)
from the oath that you swore by the king and his son. The witness would thus
have already testied out of court and would regard himself as freed from the curses
with which the sorcerer was doubtless threatening him.
44
Cf. Cardascia, Lois . . ., 129, and on the Mesopotamian ordeal in general,
Ordalie . . .
530
45
Driver and Miles, Assyrian Laws . . ., 19 and 336; Cardascia, Lois . . ., 95; Walther,
Gerichtswesen, 180.
46
Deller, Assyrisch um/nzaru . . .
47
Cf. e.g. AO 20.154 edited and discussed by Aynard and Durand, Documents . . ., 1920, where the status given to three villagers continues into the second generation.
48
Garelli, Charpin, and Durand, Rle . . ., 69. Cf. also the studies of Freydank,
Rolle . . ., Lage . . ., Anmerkungen . . . 2, 234 (where he disputes the translation manoeuvre proposed by Garelli, Charpin, and Durand, Rle . . ., 71, for
the igi-nu-du8 and suggests instead with poor eyesight), and Anmerkungen . . .
3, 22021.
531
49
Driver and Miles, Assyrian Laws . . ., 28486; Cardascia, Lois . . ., 53; Saporetti,
Leggi . . ., 51.
50
Koschaker, Untersuchungen . . ., 7576, for whom the noun applies to a citizen
of Aur.
51
Cardascia, Lois . . ., 53.
532
crisis is over and replaced with a foreign slave (KAJ 167). Subsequently,
her redeemer marries the woman whom he freed in this way (KAJ
7).52 This practice is illustrated by MAL A 39, where a young girl
has been saved from a catastrophe (ina lumne balluat), in other
words, sold by her father to keep her alive.53
4.2.2.3 A special category of unfree persons is represented by the
iluli. Their status has been compared to that of the glebi adscripti
of Roman and medieval times, in that they were bound to the land
that they farmed and could accordingly be divided among the heirs
when they divided the deceaseds elds (MAL B 1; VAS 19 6).54
4.2.2.4 A slave had sucient legal capacity to marry (KAJ 7) or
to make a contract. He could doubtless make transactions with a
peculium but could not receive anything from a married woman (MAL
A 4) or from a woman of the harem (Edict 5), under penalty of
being deemed a receiver of stolen goods. A female servant was not
allowed to wear a veil (MAL A 40).
4.2.3 Villagers (lai)
A special category of the population is represented by villagers
(lai), mentioned in MAL (A 45) and in two documents of practice
(KAJ 7 and Assur 3 no. 5).55 They are apparently family communities consisting of free persons who owe the state (MAL A 45) or
an individual (KAJ 7; Assur 3 no. 5) ilku service. These lai were
perhaps originally small landowners who had been dispossessed by
the appearance of the latifundia but retained and resettled in villages by the new proprietor in order to work his estate.56 Their relations with the landowner were on a client/patron basis. Their
obligations bound not only themselves but also their descendants,
who had to render the same service to the children of the patron
or to the new king. They could gain their liberty by redeeming them-
52
53
407.
54
Brinkman, Note . . ., 8889; Freydank, Protokoll . . ., 363; Fincke, Noch
einmal . . .; Brinkman and Donbaz, Texts . . ., 8283.
55
Aynard and Durand, Documents . . ., no. 5.
56
Ibid., 2629.
533
57
Ibid., 4043.
Postgate, Archive of Urad-era . . ., nos. 3 and 16 (wife of Melisa), and no. 48
(wife of Urad-era). Most probably they are not widows, as Saporetti, Status . . .,
19, supposed, since if Melisa had died, his duties should have been transferred to
Urad-era; cf. Postgate, Archive of Urad-era . . ., xi.
59
Cf. Weidner, Erbteilung . . ., 12324; Saporetti, Famiglia A . . ., 7980.
60
Saporetti, Leggi . . ., 1213, 4344.
58
534
of household.61 In social status, the mrat a"le would be the patrician (wife) as opposed to the aat a"le, plebeian (wife), the latter
belonging to a class deemed inferior to the auriu.62 But the existence of such an intermediate class of semi-free persons is very doubtful (see 4.2.1 above). It seems rather that the Akkadian expression
includes all free women who are not under the authority of a husband; most frequently she would be a spinster, but she could also
be a widow, the wife of an absent husband, or a priestess.63
4.3.3 Priestesses and Prostitutes
MAL (A 40) and a decree of Aur-uballi I (Edict 1) mention a category of priestess called qadiltu. She could marry, in which case she
had the right, indeed the obligation, to wear a veil in public, like
any other married woman (MAL A 40:6162). If she is a spinster,
on the other hand, she must go bare-headed in the street, like a
prostitute or a slave (MAL A 40:6365). This association has led
scholars to conclude that the qadiltu was a prostitute rather than a
priestess.64 She is also mentioned alongside the midwife (e.g. Edict
1), which raises the presumptiongiven the etymology of the term
qadiltu, purethat she had the task of washing/purifying women
after they gave birth.65 The prostitute (arimtu) might not be veiled,
indicating her lower status. Only respectable women (wives, daughters) were subject to this duty, which at the same time was regarded
as a privilege.66 Notwithstanding her social position, the prostitute
beneted from the protection of the law in case of a miscarriage
caused by violence (MAL A 52).
4.3.4 Harem
The harem edicts give us an insight into the daily life of the palace
women. They are not cloistered but can go out and even travel.
They mingle with the royal court but always under the surveillance
61
Westbrook, Studies . . ., 6162. For a refutation of these two interpretations, see
Lafont, Femmes . . ., 355.
62
Driver and Miles, Assyrian Laws . . ., 1517, 108.
63
Cardascia, Lois . . ., 5960, 13738.
64
Lambert, Prostitution, 14142, citing also ana ittiu VII iii 7. Contra CAD,
qaditu, 50a.
65
Lambert, Prostitution, 145.
66
Cardascia, Lois . . ., 2045.
535
536
67
537
5.1.4 Remarriage
5.1.4.1 Absence of the husband on business for more than ve years
could dissolve the marriage if the wife had no means of subsistence
(MAL A 36). If, however, he was detained involuntarily, due to a
judicial error or a royal order, the marriage continued no matter
how long his absence. Middle Assyrian law recognized a case of conditional marriage: the wife of a prisoner of war could validly remarry
after two years, but on the rst husbands return he could take her
back. The children of the second union followed their father (MAL
A 45).
5.1.4.2 The widow is declared legally independent (status of almattu)
when she has neither sons nor sons-in-law to maintain her (MAL A
33:5759,72 and A 46), nor relatives who could marry her (MAL A
33:6566).73 She may then leave the marital or paternal home and
enter freely into a new marriage (MAL A 28). The almattu widow
who remarries without a contract acquires the status of wife after
two years cohabitation (MAL A 34).
5.1.5 Desertion of the Marital Home
Two laws discuss this situation. In MAL A 22 a man improperly
takes a married woman with him on a journey, presumably as a
traveling companion (e"tu). Whether he knows of the womans
married status or not, he has to pay her husband two talents of lead
in compensation and swear that he has not committed adultery. The
culprit is above all blamed for not having demanded the husbands
permission to recruit his spouse for the journey.74 In MAL A 24,
KAJ 7, the wife is a debtor of her husband and is socially superior to him; in TIM
4 45, the woman could be a widow without sons or father-in-law, free to negotiate and to contract her marriage.
72
Contra Borger, Gesetze . . ., followed by Otto, Altersversorgung . . ., 104,
for whom the law concerns the levirate for an inchoate spouse (ll. 5758: dumu
ibai, there is a son (of the father-in-law), rather than dumu.me ibai there are
sons (to maintain the widow)). But a wife could be fully married even if living
with her father (l. 56).
73
Following the interpretation of Wilcke, Familiengrndung . . ., 249, n. 51,
for whom the phrase emia ana auzzete iddani means he (the wifes father) will give
her in marriage to her brother-in-law; in relation to the wife, the term emu designates all her male in-laws and not only the father-in-law.
74
For comparison of MAL A 22 with an incident at Mari, see Durand, ARM
26/1 513.
538
75
539
78
540
ana mrtim erbu enter into adoption with PN; cf. KAJ 2 and 4).
The document emphasizes the voluntary character of the proceeding (ina migrat raminiu/a; cf. KAJ 2:3 and 4:4).
5.3.2 The document establishes the new status of the parties80 by
an express provision of the type A is her mother; B is her daughter (KAJ 3:57). Severance of the adoptive tie was formalized by
a solemn declaration of the type you are not my mother/daughter
(KAJ 3:9, 11) and bore a pecuniary penalty. Where the adoptee was
not himself a party to the contract, the sources describe the same
situation in an impersonal style, so as to include all parties (a ina
beriunu ipasiluni, whoever among them (i.e. the parties) repudiates
the contract; cf. KAJ 1:2526; KAJ 4:2122).
5.3.3 An atypical document, dating from the end of the Middle
Assyrian period, is inscribed on a small object in the form of a lower
leg.81 In it, a woman states that she saved from the river and raised
a child who is henceforth her son. Any claim regarding the child
will entail a penalty in the form of six sons to be given to the woman.
Four gods are witnesses to the document. The document thus ensures
that an abandoned child will have rights and a status which he could
not otherwise attain.
5.3.4 Adoption is a family strategy designed principally to supply
the adopter with an heir and to ensure that he is supported in old
age, that funerary rites are maintained, and that his line is continued. It is in this light that an uncle adopts his nephew (KAJ 1 and
6), or a woman adopts a foundling (5.3.3 above). It explains the
clause that appears in some documents imposing a duty on the
adoptee to honor and support the adopter (KAJ 1:89; KAJ 6:1116;
KAJ 4:910), failing which he will be sold as a slave (KAJ 6:1723).
5.3.5 For the adoptee, the advantage is that it enables him to inherit
from the adoptor (KAJ 1) or guarantees her matrimonial future. In
80
David, Adoption . . ., 60, wonders whether the written document is merely evidentiary or whether it actually establishes the parties status. MAL A 28 and KAJ
6 suggest the latter function.
81
Franke and Gernot, Mittelassyrische ktive Urkunde . . .
541
KAJ 2:815, a girl has herself adopted by a rich and inuential man
who undertakes not to mistreat and to nd her a husband. The
adopter promises to treat her like his own daughter, an Assyrian
woman (ll. 1011: k dumu.munus-u-ma a-u-ra-ia-e), which does
not mean that the adoptee will have a lower status but rather that
she will be deemed a native of Aur and, as such, subject to Assyrian
customary law with regard to adoption. (On the question of the
auriu, cf. 4.2.1 above.)
6. P I
6.1 Marital Property82
6.1.1 Edible items among the gifts (biblu and zubull) given by the
grooms family to that of the bride were not refundable (MAL A
3031). For the grooms father, transfer of these gifts gave rise either
to an irrevocable right to marriage or to withdrawal from the whole
agreement (MAL A 30). For his part, the brides father could oer
(or impose upon?) his future in-law another bride from among his
daughters, if the one he had designated dies (MAL A 31). The teratu,
the non-consumable part of the gift, went to the wife if she were
divorced without fault (MAL A 38). It returned to the husbands
family if the wife predeceased him and died childless (MAL A 31
and 43). Middle Assyrian law knew of an agreed marital gift, nudunn,
given at the discretion of the husband during the marriage and subject to its consummation (MAL A 27). On his death, it was acquired
by the widow for her maintenance. During his lifetime, however, it
remained the husbands property: his creditors could seize it, even
if it had been deposited outside the matrimonial home, in the house
of the brides father (MAL A 32).83 If the marriage ended without
issue or by the death of the wife, the marital gift failed. Finally,
dumq jewelry given to the wife remained the property of the husband, who was entitled to take it back if he divorced her (MAL A
38), or of his heirs (children, undivided brothers: MAL A 2526). A
solemn declaration before the gods by the brothers-in-law was sucient
82
542
84
Following Postgate for the translation of the form ipagi (Review of
G. Cardascia . . ., 388): If her husband takes it away from her (= her dowry); likewise Saporetti, Leggi . . ., 56 and n. 41; see also the diering translations of Cardascia,
Lois . . ., 160 ([il] la chasse); Borger, Gesetze . . ., 85 (sie ihr wegnehmen will);
Roth, Law Collections . . ., 164 and 193, n. 21 ([he] intends to take control of her).
85
In this sense, Cardascia, Lois . . ., 192.
86
According to ibid., 153, if the brothers of the deceased had divided, they no
longer had any reason to take precedence over the widow.
543
87
544
90
545
the absence of which her sons were obliged to support her (MAL
A 46). In KAJ 9, a man designates his wife as sole heir of certain
specically designated property which will pass after her death to
one of her sons, most probably the eldest.95 This practice, which has
been compared to Roman legatum per damnationem, enables the testator
to reserve part of his estate for his widow on condition that she not
remarry, so as to preserve intact the inheritance rights of his children.96
6.3 Tenure
For a discussion of tenure, see 2.2.2 above.
6.4 Ownership and Servitudes
6.4.1 MAL protect the interests of the owner of land without, however, guaranteeing him an exclusive right to the land. Thus, a person could cultivate the eld of another without the owners consent.
The occupier was subjected to an oath by the king, doubtless in
order to prove that the land was abandoned property. If the owner
reappeared in person, the occupier nonetheless had the right to harvest but had to pay two thirds of it to the owner (MAL B 19).97 If,
however, the owner was known to the occupier, the latter was expelled
and had to leave behind any installations he had constructed (MAL
B 13). Only if the owner consented could the occupier become owner
of the eld, on condition that he provide an equivalent plot of land
(MAL B 12). The law also protected boundaries; trespass, deliberate or not, on a neighbors land was punished with pecuniary and
corporal penalties (MAL B 89). Building a well or a dyke on
anothers eld constituted an infringement upon his ownership (MAL
B 10). Misappropriation of land by digging a ditch, enclosing it, or
setting up a boundary stone was punishable (MAL B 20).
6.4.2 MAL impose on the owner of land a servitude of aqueduct to give the neighboring elds access to a common well. If the
95
Cf. Wilhelms interpretation, review of Saporetti, 647, in regard to collations
correcting the translation of Wilcke, ibid., 211., adopted by Saporetti, Altre Famiglie . . ., 77.
96
Wilcke, Testamente . . ., 199.
97
Following the interpretation of Roth, Law Collections . . ., 18182; see 194,
n. 41, for a full bibliography on this dicult text.
546
98
Cf. the interpretation of Freydank, bitq batqu . . ., 11011 for KAV 201.
David and Ebeling, ARU, nos. 9.
100
David, Rechtsurkunden . . ., 552. The nal clauses are comparable to those
found in the Old Babylonian period. The most striking example is provided by a
contract from the Terqa district, which is Middle Assyrian in ductus and date but
Babylonian in its formulary (Kmmel, Kaufvertrag . . .).
101
Koschaker, Neue keilschriftliche . . ., 35 and n. 2 for KAJ, which is probably an
example of sale on credit.
99
547
ing rights in the land could present themselves (MAL B 6). This
procedure is attested in practice in KAJ 310, which lists the goods
deposited in a aru building, among which is (l. 19) a box of
proclamations of the herald for the houses of the city of Aur.102
Completion of this formality was certied by a committee which validated the transaction, thus making it operative, and drafted three
tablets. One was kept by the qpu ocials;103 the other two were
given to the buyer and the municipal authority (represented by the
town scribe), respectively.104 Assyria must thus have had a public registry of land-sale contracts. Once completed, the sale was recorded
in a validated tablet (uppu dannutu),105 which made it nal and valid
against third parties. The tablet was handed over with each successive sale as a title deed (KAJ 132), but a valid sale could be made
without it (KAJ 149:2225).106
7.1.3 Sale was accompanied by a warranty against eviction (MAL
C+G 26) and hidden defects. In slave-sale contracts, the seller is
made liable for all claims regarding the slave (KAJ 169, 170), for
the whole country.107 In sales of land, the sellers duty to free (zak)
the land of claims takes the form of public notice, which enables
him to indemnify anyone opposed to the sale. In this way the buyer
is safeguarded against eviction until the drafting of the validated
tablet, which annuls all further claims to the property.108
102
548
109
549
loans, in the form of a novation combining the debts of several persons in a single document (KAJ 66 and 85) or of a contract with
oneself (KAJ 47),115 show that in reality loan was understood as a
literal contract, whose binding eect was derived not from delivery
of the thing lent but from the drafting of a tablet.116
7.2.3 Loans were mostly of lead (annaku)117 or more rarely of silver
(kaspu) and/or grain (e"u). The loan matured generally at the end of
the harvest. The texts do not mention the rate of interest; only penal
interest is stipulated, payable after the due date (edanu etiqma). Loans
were nevertheless not gratuitous, with the exception of emergency
loans (ina usiti ). The sum mentioned in the contract doubtless included
interest, not being the same amount as the debtor received. Interest
could also be replaced by the work of harvesters supplied to the
creditor by the debtor (KAJ 50). Partial repayment of the debt could
cause the drafting of an executed tablet (uppu abittu), a formal act
before witnesses in which a creditor receives a sum which he deducts
from the total of the debt (VAS 19 8; KAJ 104:710; OBT 100:9).118
7.2.4 Certain contracts contain a almu-knu clause, already found
in the Old Assyrian period, which imposes joint liability on multiple debtors (David and Ebeling, ARU 16; KAJ 32). It is also used
in the Middle Assyrian period for a single debtor (e.g., KAJ 37, 38,
44, 46) to emphasize his own liability and presumably to serve as a
means of execution against him.119
7.3 Security
7.3.1 Security taken by the creditor may be designated by the general term nalamtu, used alone (KAJ 12, 21, 25, 27) or with apartu,
pledge (KAJ 58, 65; JCS 7 150 no. 6).
115
550
120
Ibid., 11718.
Ibid., 96.
122
KAJ 13 and Finkelstein, Cuneiform Texts . . ., no. 150, quoted by Eichler,
Indenture . . ., 94.
123
Cf. Koschaker, Neue keilschriftliche . . ., 109, n. 5, 111; Lautner, Personenmiete . . .,
2426. According to Eichler, Indenture . . ., 95, only KAJ 17 is a true example
of personal antichresis: the debtor redeems his son by repaying the capital and no
interest is provided for default.
121
551
to have been the rule for pledge of movables (MAL C+G 34) and
the exception for land.124 An undivided owner may pledge his inheritance share. He thereby gives the creditor either the right to enter
into joint ownership with the heirs (KAJ 164 and 175) or a future
right in rem, which will be realized at the moment of division, when
the creditor chooses (nasqu) land in the share allotted to his debtor
(KAJ 150). The creditor only has a lien over this share, without
being able to demand division of the estate.125
7.3.3.3 Several laws consider the question of alienation of the pledge
by the creditor. Where the pledge is a free person, taken as an
antichretic pledge or seized by force by the creditor,126 the sale is
null and void and the creditor is subject to pecuniary and corporal
punishment (MAL C+G 2). Punishment is aggravated if the pledge
is sold abroad (MAL C+G 3). Unjustied sale entitles the original
owner (the debtor) to seize his pledged animal in the hands of a
purchaser (MAL C+G 4). In Verfallspfand, the creditor obtains full
ownership of the pledge on default, without the possibility of redemption by the debtor; if the value of the pledge exceeds the amount
of the debt, he pays the debtor the balance (MAL C+G 7). A free
person will then change status: he is no longer a pledge but becomes
a slave denitively. This is the situation with the Assyrian taken for
the full price (ana m gamer: MAL C+G 3 in n.; MAL A 44). He
is acquired denitively by the creditor, who can sell him abroad; he
is no longer protected by his status as citizen nor by his ethnic
aliation.127 Sale of the pledge necessitates an assessment of its
nancial value (bulluu),128 in accordance with an ocial tari (KAJ
168)129 or with the local rate for real estate (Assur 3 no. 2).
124
552
130
553
132
554
tiate with him the sum to be paid in compensation (MAL F 1). The
severity of the penalty may be explained by aggravating circumstances which were described in the broken part of the text at the
beginning.
8.2.2 Sacrilegious theft by a free woman is subject to a punishment
decided by the god through an oracular procedure but executed by
the secular authorities (MAL A 1). Theft within a household is punishable with death if the victim is a sick or dead husband, or with
whatever disciplinary measure the husband chooses to inict if he is
in good health (MAL A 3). Simple theft from an outsider gives the
victim the right to mutilate the woman responsible by cutting o
her nose, unless her husband ransoms her, in which case he may
punish her himself by cutting o her ears (MAL A 5). This provision applies to theft of objects exceeding ve minas of lead in value;
for goods of lesser value, punishment is lighter. Theft of clay for
brick-making requires restitution of the bricks plus strokes of the rod
and royal corve (MAL B 15).134
8.2.3 A male or female slave who accepts a stolen object from a
married woman is considered a receiver of stolen goods and is to
suer facial mutilation (MAL A 4; Edict 5). The female thief has
her ears cut o by her husband (MAL A 4). In the same situation,
a third party who holds the object in good faith is deemed responsible for the stolen property; in other words, he must return it or
pay compensation for it without being able to invoke his ignorance
as to its provenience (MAL A 6).135
8.2.4 The purchaser in good faith of a stolen animal is reimbursed
by the seller/thief (MAL C+G 5). The nder of lost property may
134
MAL B 14 provides for the same oense possibly committed by digging a
ditch (Roth, Law Collections . . ., 180) or by trespass upon a neighbors land (Cardascia,
Lois . . ., 285).
135
For another interpretation, which separates MAL A 5 and 6, see Driver and
Miles, Assyrian Laws . . ., 2729, according to whom the wife lacks the legal capacity to pledge, even her own property, and Cardascia, Lois . . ., 1036, for whom
this law is a special application of the general principle in MAL C+G 9: the receiver
must alert the husband or master when he is given goods by a married woman or
a slave. It would appear nonetheless that MAL A 6 represents a variant of theft
by the wife in MAL A 5: cf. Lafont, Femmes . . ., 3025.
555
136
Cardascia, Lois . . ., 75, for whom MAL C+G 6 concerns loss of property.
Ll. 1723: Question Adad-uballi at Aur. (He will say:) (I swear) that I
gave the thief as a pledge to Aur-apla-iddin. They wish to charge me with the
crime with which he is charged (pu-u-ti.la/ i-na uru..uru a-a-al/ um-ma sa-ra ana qa-ta-te/ a-na pda-ur-IBILA-S-na at-ta-din/ sa-ar-ta a am-me-a/ a-na e-ma-di-ni ana ia-a-i/ li-me-du-un-ni ). For the meaning of ll. 2123, cf. Freydank, Anmerkungen . . .
2, 22930 and n. 2.
138
Contra Cardascia, Lois . . ., 7475, 3056, but his conclusion is based on a
reconstruction of the very damaged MAL C+G 6.
139
Lafont, Femmes . . ., 7172.
137
556
both pardoned (MAL A 15:5157). A marginal case is that of sexual relations brought about by a procuress, who has lured a married woman into her house and given her to a man. The wife is
subject to punishment at her husbands discretion if she does not
declare what has happened on leaving the house. She is presumed
to have agreed to the oense even if it was not at her initiative. In
the opposite case, she is presumed to have been raped (see 8.4 below).
The procuress and the paramour are treated like the adulteress (MAL
A 23). A kiss granted by a married woman entails punishment at
her husbands discretion; her partner is innocent, presumed unaware
of her married status (MAL A 16:5862). A kiss stolen from a married woman, on the contrary, is an aront to her husband and is
punished by mutilation of the culprits lip (MAL A 9:9396).140
8.3.2 An accusation of adultery does not expose its author to retribution if he is in good faith. Thus, the ordeal prescribed to verify
an accusation that a man cannot prove by witnesses will have no
consequences if the woman is shown to be innocent (MAL A 17).
A malicious slander, on the other hand, is punished with forty strokes
of the rod, a months royal corve, a mark of infamy on the head,
and a ne of a talent of lead (MAL A 18).
8.4 Rape
8.4.1 Intercourse with a married woman is deemed rape when she
has oered rm resistance (MAL A 12). By contrast, any form of
physical or psychological violence amounts to rape when the victim
is a child (MAL A 55). The rapist of a married woman suers death
(MAL A 12 and 23), as does a procuress who abetted the oense
(MAL A 23). The law, however, recognizes attenuating circumstances
for a man who, enticed by a woman, rst embraced her and then
took her by force: he suers the same punishment as the husband
decides for his wife (MAL A 16). In the same way, the wife taken
with on a business trip who accuses a man of having slept with her
is doubtless claiming rape (MAL A 22).141 A raped virgin is given
140
For the various interpretations of this fragmentary text, cf. Lafont, Femmes . . .,
16364.
141
Cardascia, Lois . . ., 140.
557
558
559
145
560
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George, A. Three Middle Assyrian Tablets in the British Museum, Iraq 50 (1988)
2537.
Grayson, K. Eunuchs in Power. Their Role in the Assyrian Bureaucracy. In Vom
alten Orient zum Alten Testament, Festschrift fr W.F. von Soden, ed. M. Dietrich and
O. Loretz. AOAT 240. Kevelaer: Butzon and Bercker, 1995, 8598.
Gterbock, H. The Cuneiform Tablets. In Soundings at Tell Fakhariyah, ed. C.W.
McEwan et al. OIP 79. Chicago: Oriental Institute, 1958, 8690.
Hall, M. A Middle-Assyrian Legal Summons, ZA 73 (1983) 7581.
562
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. The Archive of Urad-era and his Family. A Middle Assyrian Household in Government
Service. Rome: Denicola, 1988.
. Middle Assyrian to Neo-Assyrian: the Nature of the Shift. In Assyrien im
Wandel der Zeiten, ed. H. Waetzoldt et H. Hauptmann. CRRAI 39. Heidelberger
Studien zum alten Orient 6. Heidelberg: Heidelberger Orientverlag, 1997, 15968.
Roth, M. Law Collections from Mesopotamia and Asia Minor. SBL 6. Atlanta: Scholars
Press, 1995.
Saggs, H. The Tell al Rimah Tablets 1965, Iraq 30 (1968) 15474.
Saporetti, C. Bibliograa delle lettere private medio-assire, AION 20 (1970) 14152.
. Il prestito nei documenti privati dellAssiria del XIVe XIII secolo, Mesopotamia
1314 (197879) 590; 16 (1981) 541.
. Assur 14446: la famiglia A. DSC 1. Malibu: Undena, 1979.
. Le leggi medioassire. DSC 2, Malibu: Undena, 1979.
. The Status of Women in the Middle Assyrian Period. MANE 2/1, Malibu: Undena,
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. Assur 14446: le altre famiglie. DSC 3, Malibu: Undena, 1982.
. Beni nel matrimonio: la situazione in Assiria. In Il trasferimento dei beni nel
matrimonio privato del Vicino Oriente Antico, ed. C. Saporetti. Geo-Archeologia 1984/2,
Rome, 1985, 3556.
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Veenhof, K. Dying Tablets and Hungry Silver. Elements of Figurative Language
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Villard, P. Larchivage public des contrats de vente dimmeubles daprs les Lois
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v. Chr., AfO 17 (195456) 25793.
. Eine Erbteilung in mittelassyrischer Zeit, AfO 20 (1963) 12124.
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. Familiengrndung im alten Babylonien. In Geschlechtsreife und Legitimation zur
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565
MESOPOTAMIA
NUZI
Carlo Zaccagnini
1. S L
1.1 The Archives of Nuzi
Some seven thousand tablets, from both ocial and illicit excavations at the sites of Yorghan Tepe (= ancient Nuzi), Kirkuk (= ancient
Arraphe/l ilni ), and Tell el-Fahhar (= ancient Kurruhanni), in a
small region east of the Tigris and south of the Lower Zab, provide
the major documentary evidence for reconstructing the legal institutions and practice of northern Mesopotamia. The ethnic, linguistic, and cultural features of the region were marked to a greater or
lesser extent by the presence of the Hurrians. The period covered
by the Nuzi and related archives extends over some ve or six generations during the third quarter of the second millennium (ca.
14501340), corresponding in archaeological terms to the central
phase of the Late Bronze Age.
Nuzi was a provincial town in the kingdom of Arraphe, but the
site of its capital, the present mound of Kirkuk, has to date yielded
only a few scattered documents. The site of Washshukanni, the capital of Mittani, the Hurrian suzerain, has not yet been found. The
Nuzi documentation1 is therefore of exceptional signicance, insofar
as it provides a unique basis for reconstructing the complex legal
situation in a predominantly Hurrian cultural milieu.2
1
For the sake of simplicity, the term Nuzi is henceforward used with reference to the entire set of documents retrieved at Yorghan Tepe, Kirkuk, and Tell
el-Fahhar.
2
The peculiar features displayed by the Nuzi archives are only partially mirrored in the more or less contemporary Syrian archives of Alalakh (Level IV),
Ugarit, and Emar.
566
567
5
For a reconstruction based on prosopographic analysis, see Maidman, A SocioEconomic Analysis . . . Among the ongoing projects, note especially G. Wilhelms
complete (re-)edition of the vast archive of Prince ilwa-Teup (Wilhelm, Das
Archiv . . .). For the most recent assessment, see Jas, Old and New . . .
6
Feverish interest in the puzzling intricacies of the Nuzi records, stimulated to
a great extent by the possibility of new parallels with the Old Testament, dates
back to the late twentiesimmediately after the discovery of tablets in the course
of the rst campaign on the mound of Yorghan-Tepe.
568
569
9
See, however, Maidman, The Oce of alsulu . . ., who suggests that the
main task of the alsulu was to determine the dimensions of elds and to assign
or conrm ownership title to new owners or to those whose title had been challenged.
10
Cf. Cassin, Heur et malheur . . ., and Zaccagnini, Review . . ., 13031.
11
Cf. Zaccagnini, Propriet fondiaria . . .
12
For a general overview, see Hayden, Court Procedure . . ., 819.
570
13
Ibid., 24556.
571
Other court ocials taking part in investigations and related procedures under the authority of, or in connection with, the judges
included alsulu (cf. 2.1.2 above) and bailis (manzatulu) (cf. 3
below).
3. L
3.1 Parties
Where there was a multiplicity of litigants, the co-plaintis or defendants could be collectively represented by one of their number, who
would act in the name and interests of all. Women and slavesthe
latter probably acting on behalf of their mastershad full capacity
to initiate proceedings before the judges. Substitutes ( pu) could
go to court as ocial representatives of the plaintis.
3.2 Object
3.2.1 The rich corpus of Nuzi documents recording lawsuits, in
their various procedural stages, exclusively concerns litigation between
private parties, whatever the object of the accusations, charges, claims,
and rebuttals. Disputes between Nuzi citizens and the central palace
authority are not documented.14
3.2.2 A common feature exhibited by all legal cases dealt with by
the courts is that they are within the sphere of civil law. The judges
verdicts exclusively concern (1) decisions about ownership, tenure
and usufruct of real or movable property, including chattel slaves
and other unfree persons; (2) penalties of various kinds as compensation for material and moral damage caused by the unlawful
actions of one party against his opponent. In other words, crimes
and delicts are dealt with by the courts only insofar as they are relevant to the civil aspects of the litigation. Disputes cover an extremely
wide range of matters, but the great majority concern real estate
and breach of contract.15
14
See, however, EN 9/1 405, a case concerning theft of straw from the palace
granary by three men who were found guilty and condemned to pay a ne to the
palace.
15
Cf. the catalogue of tablets recording or related to lawsuits in Hayden, Court
procedure . . ., 22126.
572
3.3 Procedure
16
573
574
lifting the gods (na ilni ) against his adversary.24 Scholars have
diered in their interpretation of the technical terminology exhibited
by some thirty documents that mention this special Nuzi procedure.25
Its main features may be outlined as follows.
3.5.1 Most of the trials in which na ilni had to be performed
belong to the sphere of criminal law, but the same procedure was
at times also prescribed in litigation concerning ownership of land
or movable property.26 The aim of this suprarational legal procedure was to give a litigantin most cases, the defendantwho lacked
testimonial support an opportunity to challenge the statements delivered before the judges by the opponents witnesses or, more rarely,
by the opponent himself. The technicalities of this judicial ritual are
still far from clear: the Nuzi sources do not provide explicit evidence
and there is no adequate comparative documentation from other
Mesopotamian legal corpora.
3.5.2 On etymological grounds alone, we can be certain that na
ilni does not correspond to the well-known n ilim, oath (lit.: life)
of god (i.e., (to swear) by the life of a god).27 Nevertheless, it is
clear that the lifting of the gods implied a personal confrontation
of one litigant and/or his supporting witnesses with the (image of
the) gods belonging to (?) or produced by (?) the opponent. The procedure did not take place in court in the judges presence. Indirect
but strong evidence thereof is provided by the frequent occurrences
of the formula stating that the parties were sent (apru) to perform the ritual: the bailis (manzatulu) were to accompany those
ordered to lift the gods; after completion of the ritual they would
deliver a full report to the court.
3.5.3 Whatever the procedural stages and formulaic features of the
ritual might have been,28 the sources attest to three possible out-
24
575
comes: (a) if the party whom the judges had ordered to lift the
gods refuses (l magru) to do so, he loses the case; (b) if the ritual
takes place, the party who turned back (unsuccessfully) from the
gods (aar/itu ilni ittr) loses; (c) if the ritual takes place and one
party lifts the gods but his opponent insists on his claims or statements, that party loses.
3.6 The Ordeal
3.6.1 Some twenty documents attest to the practice of the river
ordeal ( Duran).29 It applied mainly to criminal law, but disputes
over property and personal rights could also be decided by recourse
to this supra-rational legal procedure. Unlike lifting of the gods,
which almost invariably foresaw a ritual confrontation between one
party and his opponents witnesses, the river ordeal was decreed
when neither litigant had produced documentary evidence or testimony supporting their claim.
3.6.2 While the procedures of the ancient Near Eastern ordeal are
still a matter of dispute, it can be concluded from the Nuzi evidence
that both parties or, at times, only one, were ordered to go to a
watercourse,30 where they would undergo a personal (and physical)
test, possibly but not necessarily implying death.31
3.6.3 Due to the extremely formulaic conciseness of the sources,
the judicial implications of the ordeal are not entirely clear. With
the sole exception of EN 9/1 430, we do not have any evidence
attesting to a sentence pronounced by the court as a result of the
ordeal. The standard formula written at the end of most records
states: concerning this (legal) matter they shall go to the ordeal
(aum awti annti ina/ana uran illak).32 If one of the litigants refused
29
Cf. Hayden, Court Procedure . . ., 3950 and, most recently, Wilhelm, Ein
neuer Text zum Ordal . . .
30
Cf. the standard occurrence of the determinative D = nru river, which
precedes the term urnu.
31
See EN 9/1 430 (cf. Hayden, Court Procedure . . ., 4546): both litigants were
sent by the judges to the ordeal; the defendant lost and was condemned to indemnify the plainti. Whatever the river test involved, both parties plainly came back
alive.
32
See, e.g., JEN 124: 1820; 631: 1819; EN 9/1 140: 1415; etc.
576
33
See JEN 467; 659+SMN 1651; cf. Wilhelm, Ein neuer Text zum Ordal . . .
AASOR 16 74: 2426; 75: 2931.
35
HSS 9 7: 2326; HSS 13 422: 3538; cf. HSS 14 8: 1618. Gadd 29: 4344
prescribes the forfeiture of real estate.
36
Cf., e.g., CAD K, 104a: who keeps away; /1, 145a: who refuses; /2:
whoever is found guilty [sic!]; Hayden, Court Procedure . . ., 160: whoever holds
back; AHw, 429a, s.v. kal N 1 c: zurckgehalten werden; Wilhelm, Ein neuer
Text zum Ordal . . ., 71, n. 3: (Derjenige), der zurckgehalten wird.
37
In the rst instance, the party loses the case; in the second, he is either to be
killed or handed over to the king for judgment.
38
See Wilhelm, Ein neuer Text zum Ordal . . ., 71.
39
HSS 5 50 and 45; see also JEN 467: 2426; 662: 9092; cf. JEN 393: 813.
34
577
of the king (ni arri zakru [in one instance, n. . qab]) by one party
as a preliminary means of challenging the opponents claims or
actions.40 From these records we learn that the party who took the
oath appears as defendant in the subsequent trial initiated by the
party whose claims had been challenged with the oath. The judicial
procedures that then take place do not dier from those of other
Nuzi trials. It may be noted, however, that all those who took the
oath of the king, for one reason or other, eventually lost their cases.
3.8 Appeals
3.8.1 As a rule, the judges decision at rst instance brought the
dispute to an end. We have, however, some occurrences of appeals
resulting in a second trial; the technical word is dna an (lit., to
seek a trial a second time).41 To judge from the explicit evidence
provided by AASOR 16 71, the bench that dealt with the appeal
was dierent from that at rst instance. It is impossible to know
whether this was a customary rule for all hearings on appeal.
3.8.2 Appeals were never successful,42 and previous decisions were
always conrmed. The court records provide little if any information about the new trials and, in most cases, simply state that the
appellant lost the case because he had sought a trial a second time.
Be that as it may, in addition to any orders made at rst instance,
a standard penalty was imposed on the appellant: the payment of a
female slave to the winner. In AASOR 16 71, and perhaps also in
the fragmentary record EN 9/1 448, the appellant was condemned
in addition to give one ox to each of the judges who had participated in the former trial. Again, we do not know whether this was
general practice.
40
See, e.g., JEN 324 (cf. Hayden, Court Procedure . . ., 1015; JEN 333 (cf.
Jankovska, N.B., JESHO 12 [1969], 25658); JEN 362; EN 9/1 498 (cf. Hayden,
Court Procedure . . ., 15052). Cf. Liebesny, The Oath of the King . . .
41
See, e.g., JEN 330, 368; AASOR 16 71; EN 9/1 432, 448, 426. Cf. Hayden,
Court Procedure . . ., 5261.
42
EN 9/1 426 is a dierent case; cf. Hayden, Court Procedure . . ., 5961.
578
4. P STATUS
4.1 Citizenship
579
slavery or treated as a slave. We do not know whether this protection was also automatically extended to a citizens ospring.
4.1.3 An additional aspect of citizenship is provided by the memorandum of a nancial dispute concerning the ransom of an Arraphean
citizen who was brought home by a merchant from the nearby country of N/Lullu.45 In contesting a claim of sixty shekels of silver from
a would-be purchaser of the ransomed Arraphean citizen, mention
is made of a royal edict that stated: if a merchant buys a citizen
(lit., man) of Arraphe in the country of the Nullians, and brings
him to Arraphe, he may take (as his price only) 30 shekels of silver
( JEN 195: 1220).46
4.1.3.1 Another text ( JEN 179) records the sale of a woman of
Arraphe who was brought home from the country of Kuuhhe and
sold to a man in exchange for two oxen, one ass and ten sheep, for
a total value reckoned at forty shekels of silver. This sum is qualied
as (purchase) price (mu) of the woman, thus implying that she
had become the full property of the purchaser. Notable, however,
is the peculiar kind of payment made for the purchase of the woman
a well-known standard assemblage of commodities consisting of one
ox, one ass, ten sheep and ten shekels of silver, although in this case
the ten shekels of silver are substituted by delivery of another ox.
Such a payment is a recurrent feature of some Nuzi marriage transactions.47 The question therefore arises whether the Arraphean citizenship enjoyed by the woman, who was taken from a foreign land
and then sold to a fellow citizen, might have induced the contracting parties to agree to such a peculiar and revealing form of payment; we have no means of knowing to what extent the woman
would have personally beneted from such an agreement.
4.1.4 The sporadic yet signicant references to people enjoying
Arraphean citizenship can be better evaluated if compared with mention of other nationalities in connection with various people, of
dierent institutional and social levels, temporarily or permanently
45
Note that this region was the major source for the import of (female) slaves
into the kingdom of Arraphe.
46
Cf. Zaccagnini, Merchant . . ., 17578.
47
Cf. Zaccagnini, Movable Property . . ., 15253.
580
48
49
581
due to linguistic diculties deriving from the parallel or complementary usage of Hurrian and Akkadian technical terms.
4.2.1 The evidence provided by census lists of various contents from
the palace archives50 shows that the basic Nuzi social classes, from
the viewpoint of the central Arraphean bureaucracy, were: (1) rkib
narkabti (chariot-driver), (2) lik ilki (lit., subject of corve), (3)
nakkuu (possibly substitute, reservist), (4) abu (lit., resident).
The same division is attested in documents from private archives,
most of which concern the administration of large-scale households,
such as those of Prince ilwa-Teup and the Tehip-tilla families.
4.2.2 Other documents, from palace and private archives, attest to
the presence of slaves (Sum. R = Akk. ardu): as will be seen
presently, the term applies to dierent juridical, institutional, and
socio-economic levels of personal servitude and subordination. The
four social categories mentioned in the census lists (recording the
numbers of adult males and/or houses in which these people were
resident) belong to the free sector of the Arraphean population,
regardless of whether they were landowners, tenants, or landless.
4.2.3 A basic feature common to all members of the free population is their tributary dependence vis--vis the central administration. Depending on their class, the permanent, seasonal, or occasional
work obligation included military service (on the basis of long- or
short-term conscription) at various levels of technical training and
capabilities, agricultural and pastoral activities, and a wide range of
professional services.51
4.2.3.1 In this regard, attention should be drawn to the qualication
a qati (lit., of the bow), which is often attached to various people listed in records of the palace administration but occasionally
also in documents belonging to private archives (see, e.g., HSS 9 11,
from the ilwa-Teup archive). The conventional view that the term
designates a social class,52 comprising those liable to the archers
50
See esp. Gadd 63 and HSS 15 44; cf. Dosch, Zur Struktur . . ., 7576, and
Zaccagnini, Rural Landscape . . ., 1424.
51
There is no evidence that taxes were levied in currency or in kind.
52
Cf. CAD Q , 156a.
582
military corve, should perhaps be reconsidered in light of the evidence provided by many registers that list groups of people belonging to the four Arraphean social classes. In them, the qualication
a qati is opposed to a ana bttiunu muuru (lit., sent back to their
houses). Whatever the professional activities of the a qati might
originally have been, it seems reasonable to infer that the people of
the bow were in actual temporary service, whereas the people sent
back to their houses had completed their civil or military corve,
at the end of which they were allowed to return home.
4.2.4 Notwithstanding many uncertainties, the basic features of the
four social classes at Nuzi are the following:
1. Chariot drivers (rkib narkabti = mariannu in contemporary Syrian
and Hittite documentation). Title holders to real estate, their original membership of the military lite, concerned with the highly
sophisticated techniques of horse training and chariot driving, seems
to have been partially lost.53 In fact, we observe that chariot driversregardless of their wealthappear to be professionally active
in various not strictly military activities, either on a private basis
or by way of temporary compulsory service for the palace.
2. Subject of corve (lik ilki ). They are the most frequently attested
group of free persons at Nuzi, subject to regular tributary obligations. Scholarly opinion diverges widely on the institutional and
legal basis of ilku service, as well as its content, frequency, and duration. Nevertheless, it is beyond doubt that subjects of corve (or
taxpayers, as Maidman styles them) were owners of real estate
(primarily elds) and were recruited seasonally or occasionally for
civil and military services required by the central authority. At the
same time, as I have argued, they could also be former real-estate
owners who had ceded portions of their land to third parties but
remained in residence working as tenants for their absentee landlords.54
3. nakkuu. On the basis of possible Hurro-Hittite etymological connections,55 it has been suggested that the term designates substitutes, reservists, of dierent professional qualications, who were
53
Commutation of military obligations to regular payments in silver is well attested
at Ugarit: cf. Zaccagnini, Prehistory . . ., 2067. For a possible parallel development, cf. the term a qati (lit., of the bow) applied to adult males in temporary
service who were not necessarily archers.
54
Cf. Zaccagnini, Land Tenure . . ., 9092; Zaccagnini, Propriet fondiaria . . .,
71423.
55
Cf. CHD 377a; see however, La Civilt dei Hurriti (= La parola del passato 55
[2000]), 400401, s.v. nakk-.
583
often employed by the palace administration and also by some private households. There is no evidence that they were owners or
regular tenants of landed property. On the other hand, their professional activitiesoften of medium to high levelare not a result
of a permanent status of personal dependence, at least as concerns
the palace sector: in fact, they are never labelled servants of the
palace (arad ekalli ).56
4. Residents (abu). Whatever the etymological implications of the
term might have been, these people represented the lowest stratum
of the Nuzi free population. They held no title to real estate and
worked as agricultural dependants in palace (and also private) farms,
either permanently or on a seasonal basis.57
4.3
56
Particularly interesting is the parallel with eele people at Alalakh, for which
cf. Serangeli, Le liste di censo . . ., 12223; Zaccagnini, Propriet fondiaria. . .,
7056, and Dosch, Zur Struktur . . ., 7780.
57
Cf. Zaccagnini, Propriet fondiaria . . ., 7079; Dosch, Zur Struktur . . ., 8587.
584
4.3.2 Age denitions are fairly loose: the basic categories, both for
men and women, foresee adults and children (boys and girls). Old
people are not expressly mentioned: the term bu appears to be used
only in the technical meaning of witness, both in private legal
transactions and in records of litigation. We do not have any signicant
evidence directly related to the juridical status of children. To judge
from the many documents in which they are involved as the object
of transactions concluded by their parents or by persons having
authority over them, it is clear that children lacked any legal capacity, from the time of birth until departure from the original family
and release from absolute paternal (or maternal) authority.
4.4 Slavery
4.4.1 The legal status and socio-economic conditions of the unfree
sector of the Nuzi population present a complex picture. The most
common terms for slave (Akk. ardu, Sum. R) and female slave
(Akk. amtu, Sum. GEM, SAL.R but also SAL) apply to dierent
personal situations, including that of high-, medium- or low-rank
ocials, retainers, and chattel slaves. These persons were permanently employed as subordinate personnel in the central and provincial palace administration as well as in private households. In the
former case, the overall bureaucratic designation is arad ekalli (servant of the palace); in the latter, the collective term is n bti (lit.,
people belonging to the household).
4.4.2 Servitude for debts is widely attested. Direct evidence is provided by loan contracts secured by a personal guarantee (tidenntucontracts; see 7.5 below). The debtor himself or one of his relatives
enters the creditors house and must work for him in return for the
capital lent and the interest accruing on it. Upon full repayment of
the amount due, the pledged person is set free. In actual fact, the
Nuzi documents never attest to such an event.
4.4.3 Documents of various kinds recording transactions that concern free and unfree persons cast signicant light on the sex, age,
and physical characteristics of chattel slaves. There is, for example,
frequent mention of girls (urtu) and boys (uru), whose height,
but not age, is at times accurately recorded. Measurements ranged
from two to three cubits (i.e., from ca. 80100 to 120150 cm.), a
585
58
586
63
587
64
588
589
5.1.2.4 Common to all marriage transactionswhether straightforward marriage contracts or the various types of adoptionis the
transfer of the present or prospective bride to the groom or to the
person who will choose the groom. The groom may be a son or a
relative of the adopter, or an outsider, a freeborn person or a slave.77
The bride is always given (nadnu) or taken (leq) by someone
who exercises authority over her; grooms are never given and/or
taken in marriage.
5.1.3 Adoption of Young Men for Marriage
The Nuzi texts also attest to some adoptions in sonship (mrtu)
in which the adopter provides (or will provide) a wife to the adoptee.78
At times the bride is the adopters daughter;79 alternatively, the
adopter will choose an outsider to become the adoptees spouse. In
most cases, these agreements exhibit some of the typical features of
real adoptions, including the adoptees obligation to serve the adopter
as long as he or she lives. Note further that the use of the legal
term zittu (inheritance share) applies to the bride that the adopter
will procure for his adopted son.80
5.1.4 Marriage Payments
The Nuzi evidence pertaining to marriage payments is substantially
in line with the Old Babylonian legal tradition; at the same time, it
shows some peculiarities that have long been the object of scholarly
attention.81
77
The most recurrent formula in daughtership (and daughter-in-lawship) and sistership adoptions is that the adopter will give the girl as wife to whomever he
wishes (ana ati aar adu inandin). Note that various kalltu transactions expressly
provide for the brides perpetual bondage as wife of a sequence of slave grooms.
See, e.g., AASOR 16 30: 712: And fPN [i.e., the adopter] to whomever among
her slaves she wishes, will give fPN2 [i.e., the adoptee] as wife. If her rst husband
dies, she will give her to another man. If the second man dies, she will give her
to a third man. If the third man dies, she will give her to a fourth man. If the
fourth man diesand so forth. Cf. AASOR 16 42; JEN 431, 437, 620. AASOR
16 23: 1213: If ten of her husbands have died, then she will give her as wife to
an eleventh.
78
Cf. Stohlman, Real Adoption . . ., 15176.
79
E.g., Gadd 51; HSS 19 49, 51.
80
E.g., HSS 19 45: 6; 39: 56; 40: 45.
81
Cf. Breneman, Nuzi Marriage . . ., passim; Grosz, Dowry and Brideprice . . .;
Zaccagnini, Transfers . . ., 15153; Zaccagnini, On Late Bronze Age Marriages,
600602.
590
82
591
86
87
88
153).
89
Cf. the textual references in CAD M/2, 193b194a, s.v. mulgu and mulgtu.
E.g., Gadd 31; HSS 5 76; HSS 19 76. Note that in HSS 19 79 some houses
representing a brides dowry are transferred to the groom.
91
Cf. Grosz, Dowry and Brideprice . . ., 16570.
92
E.g., Gadd 31; HSS 5 76. In HSS 19 76, the gift is presented by the groom.
93
Cf. Grosz, Dowry and Brideprice . . ., 17375 and Zaccagnini, On Late
Bronze Age Marriages, 602. The transaction recorded in HSS 19 71, which mentions a gift of 20 shekels of silver, does not belong to the sphere of marriage
agreements.
94
See, e.g., HSS 19 68, 69; HSS 14 543.
90
592
95
593
fails to bear, he may take another wife), the agreement also foresees
the husbands divorcing (ezbu) his wife, even though she had borne
him a son (ll. 2527). Should he do so, however, the husband must
pay forty shekels of silver to his wifes father. Note that this sum
corresponds to the bride-price paid upon conclusion of the marriage
contract.
5.2.3 Gadd 12 does not make any mention of the womans future
residence after the divorce. The evidence of this text should be compared with clauses in other marriage contracts concerning a husband who marries a second wife when his rst wife had borne
children. At times it is stated that the woman shall leave her husbands house99 or will be taken home by the relative who had concluded the marriage contract.100 Possibly, such cases should be
interpreted as de facto divorce, arising from action taken by the wife
or her guardian against the husbands violation of the marriage agreements.
In this regard, attention should be drawn to the clause recorded
in the two texts quoted above at note 99: should a husband take a
second wife, notwithstanding the existence of sons borne to him by
his (rst) wife, she shall cut her hem101 and leave. The legal eects
of this symbolic act are by no means clear, especially in relation to
the husband cutting the hem on divorcing his wife102 and to binding the dowry in the brides hem (ina qanni raksu) on conclusion
of a marriage agreement.
5.3 Children
5.3.1 The exercise of paternal authority implied uncircumscribed
power over children. Fathers could dispose of sons and daughters
by pledging them as security for debts, selling them into slavery, or
giving them in adoption.
5.3.2 There is little direct information on customary parent-child
relations, but some interesting glimpses are provided by the clauses
99
100
101
102
594
103
595
106
Cf. Cassin, Ladoption . . .; Stohlman, Real Adoption . . .; Paradise, Nuzi
Inheritance . . ., esp. 26975.
107
Cf. briey Paradise, Nuzi Inheritance . . ., 34857; Stohlman, Real Adoption . . .,
20833; Dosch, Gesellschaftsformen . . ., Gesellschaftsformen (II) . . ., and Zur
Struktur . . ., 92114.
596
providing the adopter with food and clothing (ipru u lubutu) and further state that when the adopter dies, the adoptee would mourn
(bak) him and bury (qebru) him.108 In the absence of any mention
of wives, one wonders whether the same familial obligationsor at
least the supply of food and clothingalso applied to the adopters
spouse, implicitly included as co-beneciary under the name and
authority of her husband as head of the family.
5.4.4.2 For his part, the adopter bequeaths an inheritance share to
his adopted son. Depending on the circumstances, the adoptee could
be assigned the entire estate or only part of it; the latter case occurs
when there are already one or more natural sons in the adopters
family. On the other hand, many adoption contracts envisage the
possible future birth of a natural son. Should this occur, adjustments
are made to the inheritance shares, in accordance with the adopters
wishes expressly stated in the adoption contract.109
5.4.5 A number of agreements diverge from the more or less standardized schema of the adoptions. Note in particular JEN 572, which
provides for the adopter to teach the adoptee the weavers craft (ll.
7 and 16), and JEN 571, a disguised sale of a young boy who is
adopted into sonship by a well-known Nuzi entrepreneur: he will
raise his adoptive son and capitalizes in advance the cost of upbringing by paying one talent of copper to the natural father (!).110 The
adoptees obligations are to serve the adopter, his son, and the latters sons, for his entire life. The adoptees inheritance share consists of the food and clothing allowances that he will receive from
the adopter (and his descendants).
6. P I
6.1 State and Private Ownership
Publicly owned land at Nuzi is attested only sporadically. This surprising paucity may be explained by the distribution of sources so
108
597
598
6.2.1 The specic legal nature of ilku at Nuzi has been the subject
of intense debate. The basic issues are the content of the ilku obligation, who is liable to ilku, and the functional connection between
ilku and ownership and tenure of real estate (primarily elds). Crucial
to this last point are possible changes in personal liability to ilku following transfer of real-estate ownership. In the light of some seventy
years of scholarly discussion,116 it can reasonably be argued that ilku
obligations did not consist of regular payments in kind. In contrast
to the state administration in contemporary states (e.g., Ugarit), Nuzi
documents never mention tithes or the like. Rather, it would seem
that persons liable to ilku (the lik ilki; cf. 4.2 above) were bound to
perform personal services on demand by the central administration.
These included non-specialized military activities (along with the
highly qualied chariot drivers) and various kinds of agricultural work
on the palace estates.
6.2.2 We do not know how frequent this corve duty was or for
how long. Seasonal terms set on an annual basis would apply to
cereal production and stock-raising; military recruitment most often
would depend on occasional (and unforeseen) military contingencies,
rather than on routine training.
6.2.3 While ilku obligations were intrinsic to real estate of all kinds,117
the textual evidence almost exclusively refers to elds, regardless of
their size and location in the Arraphean territory. To all appearances, the entire sector of private landed property was liable to ilku,
independently of the persons who were actually charged with performing corve duty. In fact, the Nuzi archives do not provide evidence of exemptions of any kind granted to estates, nor do we know
of elds that beneted from such exemptions. On the other hand,
many deeds of transfer do not include the standard clause indicating the person who will bear the ilku of the eld; there is no question, however, of these elds being exempt from scal burdens.
116
Cf. Maidmans review in A Socio-Economic Analysis . . ., 98123; see further
Zaccagnini, Land Tenure . . ., esp. 8591, and Propriet fondiaria . . ., esp.
71423; Dosch, Zur Struktur . . ., 11854.
117
Cf. Zaccagnini, Propriet fondiaria . . ., 718.
599
600
Wilhelm, ta/erdennu . . .
601
121
602
122
123
603
big head, whereas the younger son receives those with a small
head (HSS 19 5: 1012, 2122).124
6.4.3.6 Revision
Changes in family relationships often required modication of previous post mortem dispositions and the drafting of a new will. Signicant
events that could aect inheritance rights include adoption of outsiders and death of a previously designated heir or guardian (i.e.,
the testators son and wife, respectively).125
6.4.3.7 Disinheritance
Disinheritance could be eected or threatened in a variety of situations. The corresponding legal terminology displays interesting variations: l summuu, not to include among heirs, l zzu, not to
divide/share, l qerbu, not to lay claim (lit., not to draw near),
aumma epu to forfeit, kuudu to disinherit (lit., to chase away),
kirbna ep, to break the clod (with regard to the disinherited
person).
As a rule, the exclusion of a natural son from his fathers property results from his adoption into sonship by someone else who will
bequeath him an inheritance. Thus, adherence in law to a new family unit necessarily implies loss of inheritance rights by the adoptee
with respect to his natural family.
Actual disinheritance (kuudu, kirbna ep) was primarily imposed
as a punishment for the heirs misconductfailure to serve, respect,
and obey the guardian (e.g., HSS 19 9: 1014; 19: 2531; 16: 3234).
A number of documents of various kinds attest to actual disinheritance but provide no clues as the motives behind it. An interesting
case is that of HSS 5 21: a son who had been formerly disinherited (kirbna ep) is later restored to his legal position of son and
(even) appointed as principal heir. He will receive a double share,
and the testators remaining sons will receive their (simple) shares,
after that of their brother, according to their rank.
124
125
604
Transfer inter vivos did not take place through conveyance, as elsewhere in the Near East. Instead, real estate (plots of land, in most
cases) was alienated typically by means of adoption. The seller would
adopt the purchaser as a son (ana mrti ) and give him an inheritance share (zittu) of the family estate. For his part, the adoptee
presented the adopter with a gift (qtu), consisting of commodities: in most cases barley but also silver or other staples.
6.5.1 The origins, nature, and legal eects of these particular mrtu
adoptions have been the subject of considerable and still unresolved
debate.126 Whatever its origin, it is certain that this type of adoption, by means of which title to family land was transferred to an
outsider in the form of an anticipated bequest, was nothing other
than outright sale. In this regard, important clues are provided by
an early deed of conveyance attesting to the use of the term mu,
purchase price, instead of the standard term qtu, gift, with reference to the valuables handed over to the adopter by the adoptee.127
Equally revealing is the parallel use of qtu and mu with reference
to the same transaction, in JEN 582: 89 (tablet of mrtu adoption)
and JEN 528: 7 (list of barley payments), respectively.128
6.5.2 There are also a few records of real-estate transfers formally
styled as gifts inter vivos. The key terms are either maganntu (present)129 or qtu (gift), which are used to qualify both the land conveyed and the commodities paid as its price.130 While these transactions
126
Cf. Maidman, A Socio-Economic Analysis . . ., 92123; Zaccagnini, Land
Tenure . . ., 8191; Dosch, Zur Struktur . . ., 11854.
127
Fadhil, Ein frhes uppi mrti . . . For other occurrences of mu in connection with land transfers, cf. Zaccagnini, Land Tenure . . ., 82.
128
As an alternative to mu and qtu, the Hurrian term irana (// Sum. IGI.DU8
= Akk. tmartu), compulsory gift, is sporadically used. For a discussion of the
semantic range of irana in the Nuzi texts, see Wilhelm, Hurritisch e/irana/i . . .,
with previous literature.
129
The word is an Akkadian abstract formation from Indo-Iranian>Hurrian magaunu, gift, present.
130
JEN 492, 605, 493, 283, 556, 530. For an analysis of textual details, cf. Maidman, A Socio-Economic Analysis . . ., 13031. Note that in JEN 493 (a maganntu
text) and JEN 530 (a qtu text), the seller does not receive any payment; in JEN
605 (a maganntu text), the movables handed over to the seller are qualied as
NG.BA = qtu.
605
606
135
Cf. SCCNH 1 (1981), 411 and 383 (YBC 5143): 17: PN, merchant, has
taken 30 shekels of silver belonging to PN2, and PN will deliver to PN2 a young
male or female slave (at least) 2 forearms (= cubits) and 4 ngers tall, according to the forearm (= cubit) of PN, by the end of the month MN.
136
The clear title clause is by no means limited to sale contracts. It often occurs
in transactions of various kinds concerned with the transfer of real estate or of
persons.
137
Cf. Andrews, The upe""ultu Exchange . . .
138
Ibid., 35 and 37 (tables 2 and 3).
139
Ibid., 15169.
607
140
608
141
609
that these loans were already secured by the guarantee given by each
and every co-debtor, it may be surmised that these additional guarantees served as individual augmentation of the common guarantee.143
7.5 Pledge
7.5.1 Loans contracted by single individuals, for a xed or indenite
term, could be secured by pledge of a person or of a eld that were
put at the creditors disposal. The mechanism of these arrangements
resembles that of classical antichresis: in lieu of interest, the creditor would enjoy the labor of the person or the yield of the eld
pledged. In the terminology of the Nuzi documents these contracts
are labeled tidenntua word of uncertain origin, possibly Hurrian
and the item pledged is called tidennu.144
7.5.2 The commodities lent in tidenntu contracts correspond by and
large to those of ubullu loans, with some minor but signicant
dierences.145 Personal security consisted either of the debtor himself or of one of his sons. Exceptionally, the person pledged was
some other relative or a slave of the debtor. Fields given as security were of various dimensions; in most cases, however, their surface area ranged from ca. one to four hectares.
7.5.3 The contracts were of indenite or xed duration. In the former case the documents state that whenever the debtor repays the
amount of the loan, he will take back the person or eld pledged.
In the latter case, the documents explicitly state that repayment will
take place after expiry of the term; in other words, the debtor cannot extinguish his debt before the due date.146
7.5.4 Typical of personal tidenntu contracts is the delinquency clause,
which imposes a pecuniary penalty on the creditor if the person
pledged fails to work. The standard penalty is set at one mina of
copper or one stu (ca. 6.7 liters) of barley for each days absence
143
For an analysis of the few occurrences of suretyship appended to individual
loans (e.g., HSS 9 68, 17; HSS 16 238) see Zaccagnini, Nuzi, 22627.
144
Cf. Eichler, Indenture . . .; Zaccagnini, Osservazioni . . .; Jordan, Usury . . .;
Zaccagnini, Nuzi.
145
For a general overview, see Zaccagnini, Transfers . . ., 14851.
146
Cf. Eichler, Indenture . . ., 2021; Zaccagnini, Osservazioni . . ., 19397.
610
from work. Typical of real-estate tidenntu contracts is a clause forbidding any claims regarding the dimensions of the eld pledged
and a clause preventing the debtor from retrieving the eld if it had
already been ploughed (and was about to be sown). Common to
both kinds of tidenntu are the clear title and breach of contract
clauses.
7.5.5 Some personal tidenntu contracts include an additional surety
(mi pti ) to guarantee the primary obligation.147 Noteworthy are
two personal tidenntu guaranteed by real estate; in these cases, too,
the texts make use of the term mi pti, which normally applies
only to sureties.148
7.5.6 Compared with the more than two hundred extant personal
and real-estate contracts, we only have two records of cancellation
of real-estate tidenntu, after repayment of the debt.149 Are we to suppose that all the other debts were never repaid? Note that the tidennu
pledges produced a far higher yield for the creditor than the 50 percent annual rate of interest of ubullu loans.150 Given the length of
contractual terms, which in the case of personal pledges could be
lifelong, it might well be that the real substance of these transactions was the de facto alienation of persons and landed property,
albeit disguised under the legal format of a secured loan.
7.6 Trading Venture
7.6.1 Long-distance trade is well attested at Nuzi, conducted by
both the palace and by private entrepreneurs.151 As in other documents of the second millennium, the semantic range of the term for
merchant (Akk. tamkru = Sum. DAM.GR) includes both private
individuals who provided capital for nancing trade ventures and
the actual traders.
147
E.g., TCL 9 10; JEN 306; EN 9/2 152; cf. AASOR 16 29. See Zaccagnini,
Nuzi, 22931.
148
EN 9/1 265; AASOR 16 60; commented on by Zaccagnini, Nuzi, 23233.
149
EN 9/1 181; AASOR 16 67.
150
Cf. Zaccagnini, Osservazioni . . ., and Jordan, Usury . . ., although the latters calculations are questionable.
151
Cf. Zaccagnini, The Merchant . . .
611
152
612
Homicide
613
614
8.4 Misappropriation
Misappropriation of animals was punished with simple repayment in
kind, for example JEN 326, where a herdsman ayed three oxen of
his masters cattle without the presence of a (professional) butcher,
JEN 353, a similar case concerning the unauthorized aying of two
oxen, and JEN 360, where two people were found guilty of aying
a horse and eating its meat.
8.5 Negligence
This heading includes some cases of injury to oxen, either by a man
or by another ox under the care of a herdsman. The penalty consisted in replacing the animal ( JEN 335, 341; cf. JEN 349, which
imposes an additional payment of two hundred sheep, in consideration of the fact that the injury to the ox had taken place eight
years before).
8.6 Slander
The penalty for slander was one ox. JEN 332 concerns an incident
that occurred during the arguing of a lawsuit before a bench of
judges: one of the litigants openly accused the courts president of
being prejudiced against him. The president of the court sued his
accuser and a number of witnesses conrmed the disrespectful behavior of the litigant, who was condemned to pay one ox to the judge
he had wrongfully insulted. In Gadd 28, a person is brought to court
for having said to another person: You are full of leprosy! Three
witnesses conrmed this: PN said to PN2: You are full of leprosy . . .
do not approach me! Having refused the ordeal, the defendant lost
the case and was condemned to pay one ox to the plainti.
A
CHD
Gadd
Jank.
B
Andrews, S.J. The upe""ultu Exchange Transaction at Nuzi. Ph.D. diss., Hebrew
Union College, Cincinnati, 1994.
Bottro, J. Le problme des abiru la 4e Rencontre Assyriologique Internationale. Cahiers
de la Socit Asiatique 12. Paris: Imprimerie Nationale, 1954.
615
Breneman, J.M. Nuzi Marriage Tablets. Ph.D. diss., Brandeis University, 1971.
Cassin, E. Ladoption Nuzi. Paris: Adrien-Maisonneuve, 1938.
. Nouveaux documents sur les abiru, Journal Asiatique 246 (1958) 22536.
. Heur et malheur du azannu (Nuzi). In Les pouvoirs locaux en Msopotamie et
dans les rgions adjacentes, ed. A. Finet. Bruxelles, 1982, 98113.
Deller, K. Die Hausgtter der Familie ukrija S. uja. In Studies on the Civilization
and Culture of Nuzi and the Hurrians 1, ed. M. Morrison and D. Owen. Winona
Lake: Eisenbrauns, 1981, 4776.
. Eine Kaufurkunde aus dem Archiv des auar S. imikatal und der Schreiber
Teija, N.A.B.U. 1995/76.
Dosch, G. Gesellschaftsformen, die in Nuzi-Texten nachgewiesen werden knnen,
Mesopotamia 21 (1986) 191207.
. Zur Struktur der Gesellschaft des Knigreichs Arraphe. Heidelberg: Heidelberger
Orientverlag, 1993.
. Gesellschaftsformen im Knigreich Arraphe (atu) (II). In Studies on the
Civilization and Culture of Nuzi and the Hurrians 5, ed. D. Owen. Winona
Lake: Eisenbrauns, 1995, 320.
Eichler, B.L. Indenture at Nuzi. YNER 5. New Haven: Yale University Press, 1973.
. Another Look at the Nuzi Sistership Contracts. In Essays on the Ancient Near
East: Studies in Memory of Jacob Joel Finkelstein, ed. M. de Jong Ellis. Memoirs of
the Connecticut Academy of Arts and Sciences 19. Hamden, Conn.: Archon
Books, 1977, 4559.
Fadhil, A. Ein frhes uppi mrti aus Tell al-Far/Kurruanni. In Studies
on the Civilization and Culture of Nuzi and the Hurrians 1, ed. M. Morrison
and D. Owen. Winona Lake: Eisenbrauns, 1981, 36376.
Fincke, J. Die Orts- und Gewssernamen der Nuzi-Texte = RGTC (Rpertoire Gographique
des Textes Cuniformes) 10. Wiesbaden: Reichert, 1993.
Frymer-Kensky, T. Suprarational Legal Procedures in Elam and Nuzi. In Studies
on the Civilization and Culture of Nuzi and the Hurrians 1, ed. M. Morrison
and D. Owen. Winona Lake: Eisenbrauns, 1981, 11531.
Greenberg, M. The ab/piru. New Haven: American Oriental Society, 1955.
Grosz, K. Dowry and Brideprice in Nuzi. In Studies on the Civilization and
Culture of Nuzi and the Hurrians 1, ed. M. Morrison and D. Owen. Winona
Lake: Eisenbrauns, 1981, 16182.
. On Some Aspects of the Adoption of Women at Nuzi. In Studies on
the Civilization and Culture of Nuzi and the Hurrians 2, ed. D. Owen and
M. Morrison. Winona Lake: Eisenbrauns, 1987, 13152.
Hayden, R.E. Court Procedure at Nuzi. Ph.D. diss., Brandeis University, 1962.
Jas, R.M. Old and New Archives from Nuzi. In Interdependency of Institutions and
Private Entrepreneurs, ed. A. Bongenaar. Leiden: Brill, 2000, 21328.
Jordan, G.D. Usury, Slavery, and Land-Tenure: The Nuzi tidenntu Transaction,
ZA 80 (1990) 7692.
Klengel, H. Lullu(bum), RlA 7, 16468.
Lacheman, E.R., and D. Owen. Texts from Arrapa and from Nuzi in the Yale
Babylonian Collection. In Studies on the Civilization and Culture of Nuzi and
the Hurrians 1, ed. M. Morrison and D. Owen. Winona Lake: Eisenbrauns,
1981, 375432.
Liebesny, H. Evidence in the Nuzi Legal Procedure, JAOS 61 (1941) 13042.
. The Oath of the King in the Legal Procedure of Nuzi, JAOS 61 (1941) 6263.
Lion, B. Landurru lpoque mdio-babylonienne, daprs les documents de Terqa,
Nuzi et Arrapa. In Studies on the Civilization and Culture of Nuzi and the
Hurrians 10, ed. D. Owen and G. Wilhelm. Bethesda, Md.: CDL Press, 1999,
31327.
Liverani, M. Ras Shamra. In Supplment au Dictionnaire de la Bible 9. Paris: Letouzey
et An, 1979, 12951348.
616
617
619
1
Homan, Telipinu . . .; Kmmel, Telipinu . . . Copies of the text were made
in Akkadian as well as Hittite.
2
Sommer and Falkenstein, Hattusili I . . .; Kmmel, Telipinu . . ., 455.
3
See International Law in the Second Millennium: Late Bronze Age.
4
Schuler, Knigserlsse . . .; Westbrook and Woodard, Tuthaliya IV . . .
5
Schuler, Dienstanweisungen; Gterbock and van der Hout, Royal Bodyguard . . .
6
Riemschneider, Landschenkungsurkunden . . .
7
Werner, Hethitische Gerichtsprotokolle.
8
Otten, Totenrituale . . .
9
Editio princeps: Hrozn, Code Hittite . . . See also Friedrich, Gesetze . . .; Imparati,
Le legge . . .; most recently, Honer, Laws . . .
620
10
Used by Friedrich and Zimmern, Gesetze . . ., but Koschaker regarded them
as Aufzeichnungen ber Recht, die wahrscheinlich beim Knigsgericht in Hattua
lange Zeit in Gebrauch waren (Eheschliessung . . ., 252). Friedrich spoke of a
Niederschrift einmal gefllter Rechtsentscheidungen fr den Gebrauch der Juristen
(Gesetze . . ., 1). See also Koroec, Rechtssammlung . . . (Hethiter, 262), and San
Nicol, Rechtsbuch . . . (Beitrge . . ., 96). For a general discussion of the genre of
Law Codes in the ancient Near East, see the introduction to this History.
11
The actual ruler was in any case deemed to be the Storm God, not the king
(Van den Hout, Tuthalija . . ., 571f.); see further 2.1.5 below.
12
Albeit not a Rechtsbuch, i.e., private collection; see San Nicol, Rechtsbuch . . ., n. 10 above.
621
preserved but must have existed, since a label has been found with
the words Third tablet: If a man. According to Friedrich, this
could mean that the rst tablet was divided into three parts.13 Finally,
there is a further tablet, called KBo IV 4 after the designation of
the published copy, whose paragraphs are numbered with Roman
numerals. It represents a partially modied parallel to the rst tablet.
1.1.4 The division into paragraphs derives from Hrozn, who followed the horizontal dividing lines visible on the tablets. The result
is a series of short sections, which in his view represented paragraphs.14 The result was, however, that he sometimes took two provisions as one. For example, in HL 195, there should have been a
dividing line after 195a, as actually occurs in manuscripts d III, n,
and s III, while 195a and 195c form a single provision, which should
have been numbered HL 196. Similarly for HL 44a and 44b, where
the latter should actually be HL 45. Even the Hittite scribes, however, were not always consistent: in manuscript q8 there is a dividing line in HL 107 which has no place there.
1.1.5 The texts are preserved in copies that are often not easy to
date. Relative dating of the provisions themselves is possible when
earlier and later rules are juxtaposed with the words formerly . . .;
now . . . For example (7):
If someone blinds a free man or knocks out his tooth, formerly one
used to give one mina (= 40 shekels) of silver; now he gives twenty
shekels of silver and he shall look into his house.
1.1.6 For the most part, the identity of the perpetrator is not
specied. The provisions begin with the words If someone (takku
kuiski ) . . ., followed by the circumstances. Both men and women
may be intended, as in the rules concerning injury and theft, but
13
14
Friedrich, Gesetze . . ., 1.
Possibly an edition of the earlier-discovered Hammurabi stele was his model.
622
there are cases in which the designation is simply free man (HL
93, 96, 121, 132, 191, 194), unfree (95, 97), or man (43, 195,
197, 200a).
1.1.7 The Laws cover the following topics:
Tablet 1
Homicide (16)
Injury (718)
Kidnapping (1921)
Runaway slaves (2224)
Pollution of a vessel (?) (25)
Family (2636)
Justied killing (37, 38)
Feudal services and tenure (3942)
Wrongful death (4344b)
Lost property (45, 71)
Feudal services and tenure (4656)
Oences concerning farm animals (5792)
Burglary (9397)
Arson (98100)
Tablet 2
Oenses related to cultivation (1019)
Theft of clay (products?) (110)
Witchcraft (111)
Awards to prisoners of war (?) (112)
Damage to vines (113)
( gap)
Theft (11943)
Interference with sale by a third party (14449)
Wage tari (15061)
Irrigation rights (162)
Damage by negligent disposal of the residue from a ritual act (163)
Sacral law (16470)
Miscellaneous provisions (17178a)
Price tari (178b88)
Sexual oenses (188200a)
Apprenticeship (200b)
15
623
Nonetheless, it is possible to discern certain clusters of laws that suggest organization by subject, aided, as Honer rightly points out, by
the principle of attraction.16 Koroec identied the following categories: person, body, family, feudal services, theft.17 He notes that
the order of paragraphs follows a declining path from more important object to less important. The organization of Tablet 2 is harder
to ascertain. The categories property of others, wages, sacral law,
prices, and sexual oenses can be constructed, but intrusive provisions not belonging to any of these categories are more disruptive
than in Tablet 1. Perhaps the scribes did not always know where
to insert a new provision: wage and price taris are separated; sacral
law could well have been placed next to sexual oenses by reason
of its sanctions. Admittedly, in the absence of any juridical classication
of individual paragraphs by the Hittites themselves (e.g., by headings, as in some editions of the Laws of Hammurabi), modern interpretation of the facts of a case may dier, leading to discrepancies
in the presumed ancient classication. Nonetheless, no rationale is
discernable for the location of certain laws. Thus 4344 seem to
have no connection with the surrounding context, and the same
applies to 171 and 172.
1.1.9 The changes to the Laws in the various manuscripts show
that the corpus is composite. Koroec identied four stages. The oldest has the death penalty and extremely high payments in cattle as
sanctions. The second stage punishes sexual delicts and expands the
denition of theft. The third stage prescribes heavy pecuniary penalties. The fourth is associated with a reform, identied by the statement formerly . . .; now . . .18 A fth stage, not mentioned by
Koroec, would be the parallel text KBo VI 4, which also contains
changes to the protasis and apodosis.
The measures of the fourth stage may be ascribable to King
Telipinu (ca. 1500), whose constitution not only regulated succession to the throne but also dealt with homicide and witchcraft. Insofar as they aect HL, they are referred to as the Reform of
Telipinu.
16
17
18
Ibid., 15.
Koroec, Sistematika . . .
Ibid.
624
1.1.10 Noteworthy is the existence of taris for wages and for prices
of cattle, meat, and agricultural products in among a collection of
legal verdicts. It is doubtful that these refer to xed prices, since
there are considerable variations with regard to the same object. To
date, no documents of practice have been discovered that would
allow a comparison between these prices and reality.
1.1.11 Sophisticated juridical parlance is not to be expected, but
the Laws contain recognizable attempts at denition of terms. The
term bull is carefully dened as neither a suckling nor a one-yearold calf (57). This accords with 176a, which states that a bull breeds
(is mature) in the third year. The term stallion is dened in the
same way (58). 176b explains what an artisan is by listing several
crafts: potter, smith, carpenter, leather-worker, fuller, weaver, and
breeches-maker (?).
2. C A L
2.1 The King
2.1.1 In the early part of the so-called Old Kingdom, the Hittite
State was conceived of as the body of the king, that is, a body
politic19 with the king as the head and the royal family, the community ( panku), as the limbs.
2.1.2 The rst king of the Hittite Empire, Hattusili I (ca. 15651540),
whose title is Labarna, says in his Political Testament with regard
to the order of succession among the royal family: See, Mursili is
my son, him you must place (on the throne).20 It has been argued
from this passage that the monarchy was elective, as in Indo-European
tradition.21 But the tenor of the order, which involves an adoption
(M. is now my son), does not imply a recommendation that Mursili
be elected, rather a directive to the royal family to show allegiance
to his successor. He demands that they support his son in time of
war or insurrection.22 Hattusili is well aware of his exclusive posi19
20
21
22
625
tion as ruler: The elders may not address (you); my son should not
be approached for personal advantage (?). To you, my son, (even)
the elders of Hattusa may not speak. All the less so may someone
from the people say a word to you (11). So that his directive not
be forgotten, the king orders: This tablet should be read to you
every month (22). In this way Hattusili emphasizes his demands
upon the State. In 29 he stresses the necessity for unity and solidarity among the royal family: May your family be united like those
of the animals!
2.1.3 Nonetheless, the following centuries saw bitter struggles for
the throne, with repeated coups and assassinations within the palace.
The situation changed only after 1500, when King Telipinu promulgated his constitutional edict. Section 28 lays down the following rule of succession:
Only a son who is a kings son of the rst rank may become king. If
there is no son of the rst rank, he who is a son of the second rank
shall become king. If, however, there is no son of the king, an heir,
available, they shall take an antiyant- for whoever is a daughter of the
rst rank and he shall become king.
23
Balkan, Schenkungsurkunde . . ., 148.; von Schuler, Althethitische Schenkungsurkunde . . ., 208.
24
Beckman, Inheritance . . ., 17; Haase, Der 36 . . ., 394f.
626
brothers or sistersif you are his panku, tell him loud and clear:
Learn this matter from the tablet!
Telipinus Constitution was respected by his successors, bringing
stability to a kingdom weakened by the power struggles of ambitious
pretenders to the throne. Its legacy is all the greater if the reform
of HL may also be ascribed to Telipinu.
2.1.5 The king is always representative of the Storm God, to whom
together with his consort, the Sun Goddess of Arinnathe land
belongs. (Hattusili III addresses the goddess in a prayer as My lady,
queen of all the lands.) As such, the king has to present the gods
with an account of his administration of the empire. Furthermore,
he is also high priest (and as such inviolate), commander-in-chief,
and supreme judge. In the latter capacity, he presides over the royal
court of justice of the capital, Hattusa. Among his many duties that
derive from the above functions is care for the land in general but
also for the poor and suering. This relationship to the gods does
not, however, reduce the kings status in the secular realm. Thus,
for example, in the preamble to the treaty between the Hittite king,
Suppiluliuma I, and King Niqmadu of Ugarit it is stated: Thus
speaks his majesty, Suppiluliuma, Great King, king of Hatti, hero . . .
The term hero refers to a superhuman creature, resembling the
gods to some extent. Accordingly, King Hattusili II (ca. 12651240)
says of himself: . . . since I was a man privileged by the gods and
walked in the grace of the gods . . . The consequence of this conception was that the king had to be protected from any contamination.
2.1.6 The reign of Suppiluliuma I (ca. 13531320) sees the development of Hattusa into the third great power alongside Babylonia
and Egyptthe New Empire. The position of the Hittite king
changes: previously he was the Great King; now he is addressed
as My Sun. The royal symbol is the winged sun (similar to the
Egyptian sun disk), as can be seen on many seals and on the rock
carving of king Tuthaliya IVs likeness at the shrine of Yazilikaya.
Upon the kings death, it is said that he became a god.
2.1.7 Towards the end of the New Empire, the position of the king
moved further towards deication. Tuthaliya IV demands that sacrices
be made to him, and he is depicted wearing the horned crown hitherto reserved for gods. Following the example of the Assyrian monarch
627
25
26
27
28
29
30
628
629
the Heads; the second, Princes, Lords, and Heads.36 They contain
a considerable number of prohibitions that are marked with the loyalty oath: This must be placed under oath. Expressed positively,
they are commands to the subject taking the oath.
The prohibitions are felony, betrayal of secrets, spreading false
reports, unfullled plans to assassinate the king, defamation of the
kings friends, concealing seditious words against the king, failure to
report crimes, concealing plans for a coup among the populace, breach
of condentiality, failure to come to the aid of the king, and misdemeanors regarding women.
2.3.5 The Lord of the Watchtower (BL MADGALTI ) is a border commander, whose duties are described in great detail.37 They
are rst and foremost military: fortication of towns, maintenance
of roads, annual cleaning of canals, stocking of supplies, renovation
of public buildings such as temples, royal buildings, stables, warehouses, and guardhouses. In addition, the border commander is
responsible for taking an inventory of cultic objects, keeping the prescribed festivals, and preventing excessive consumption of alcohol.
Special attention is paid to upholding the law. The commander is
ordered to resolve disputes diligently. If an abomination has been
committed, he may impose the death penalty or banishment
whichever is customary in the town in question. The punishment
must be made public. He must refer extensive cases to the king;
it is unclear whether this means legally dicult cases. The commander must be impartial. In particular, he must not conduct or
decide cases in favor of his brother, his wife (?) or his friend. As
another text puts it, he may not decide for the sake of bread or a
present. In general, he is ordered: Do what is just. He is also
enjoined to protect widows and orphans: he must decide the case
of a single woman for her and give her satisfaction.
2.3.6 The mayor (AZANNU ) is mostly designated in the texts by
the sumerogram MAKIM. In the commanders absence, he is
responsible for resolution of legal disputes. He was also responsible
for public order: the AZANNU of Hattusa had to see to the bar-
36
630
ring and sealing of the city gates at night, and it was to him that
the discovery of a corpse in the city had to be reported.
2.3.7 The Elders (L.MEU.GI), who were presumably the representatives of local communities, that is, a sort of town council, are
known in the law of the Old Kingdom from HL 71, where they are
responsible for the receipt of lost property. Later they lose this function, since according to HL XXXV (of the parallel text KBo VI 4),
it is sucient for the nder to show the property to witnesses. In
capital cases, they give judgment together with the border commander (BL MADGALTI; see 2.3.5 above).38
2.4 The Courts
2.4.1 The royal court of justice (DI.KUD LUGAL), as the highest
court, is located in the capital, Hattusa. The king presides at its sessions and also has the prerogative of mercy (HL 188, 198, 199).
The royal court has jurisdiction over the following oenses: theft
(HL 102, 126), adultery (198), rejection of the kings decision (173),
bestiality (187, 199), and sorcery (44b, 111).39
2.4.2 The court of the border commander (BL MADGALTI) has
jurisdiction over capital oenses. There is also a court of the DUGUD
of HL 173, a notable not further dened, whose jurisdiction replaces
that of the elders.
2.4.3 In a case of murder, the lords of the blood have standing.
Section 49 of the Constitution of Telipinu states: And a matter of
blood is as follows: whoever does blood (i.e. homicide)(it shall be)
as the lord of the blood decides. If he says: He shall die, then he
dies. If he says: He shall compensate, then he shall compensate. But
to the king, nothing. The jurisdiction of the family is thus preferred.
2.4.4 For certain oenses in HL, a part of the ne was originally
payable to the palace, apparently as a court fee (9, 25). Later, the
king relinquishes his share.40
37
38
39
40
631
3. L
3.1 Procedure
As the Instructions to the Border Commander attest, a prospective
litigant must submit to the commander a sealed wood or clay tablet.
It is not clear whether this applied to all types of cases or only, for
example, to civil suits (a distinction in any case not expressly used
by the Hittites).41 It appears that the draft had to be submitted by
the party making a demand and could also include punishment, that
is, the equivalent of a private prosecution. The subsequent procedure is not known. The case must have been investigated, since evidence was taken and a record kept thereof. Fortunately, an example
exists in texts dealing with a case of missing implements belonging to Queen Puduhepa.42 The queen herself is the plainti and
demands surrender of the goods in the manner of a modern civil
claim. The records are remarkably detailed, but the outcome of the
case is not known.
3.2 Evidence
Testimony may lead to not only the witness but also the defendant
being required to take the oath, as HL 75 shows. The oath may be
ordered by the plainti. It takes place before the face of the god.
Documents may also be used in evidence, as a king orders that gifts
received by temple ocials must be registered in writing before witnesses.43 The river ordeal is also attested: in instructions to courtiers,
because of the contamination of water in his basin, the king orders
that the culprit should go to the river . . . If he is unclean, let him
die.44 It is not known how the outcome of the ordeal was determined.
4. P S
Gterbocks remark, The social structure of the Hittite state is not
clear,45 remains valid today. HL distinguish between a free person
41
42
43
44
45
632
(Hitt. arawa-; Akk. L ELLUM), and that part of the population for
which the Hittite term is not known; instead the Sumerian R/ARAD
or Akkadian WARDU, meaning servant and sometimes translated
as slave, is used. There are also several segments of the population with a special designation.
4.1 Free Persons
The example of kings shows that freedom was by no means unfettered. The king is steward (maniyaatalla-) of the Storm God.46 King
Muwatalli I addresses the Sun God with the words My Lord (isasmis),
just lord of judgment. In his Apology, Hattisili III reports that the
goddess Ishtar has ordered him: With your whole household enter
my service (R-aut )47 and that he, as high priest, was to observe
strictly the calendar of festivals. The ocials at court are slaves of
the king, and their subordinates slaves of the slaves of the king.
The freedom in question, therefore, is that which a person within a
particular social class enjoys to a greater extent than others. Royal
ocials to whom land (together with its farmers, livestock, and equipment) is given as an appanage or to whom a mausoleum is given
are said to receive their freedom thereby, as do farmers, merchants
or guilds, and the persons named in HL 50 and 51 who are granted
exemptions from feudal dues.
4.2 Slaves
Gterbock refers to slaves in the strict sense,48 apparently referring to chattel slaves such as those of classical antiquity. This characterization may have been valid for house slaves whose master could
treat them as he wished when they were at fault,49 but it is less suitable when they were capable of owning property and could pay
betrothal money (HL 34) or nes (95, 97). The meaning servant
seems more appropriate, or perhaps the designation semi-free. It
comprises every person who is subject to orders or dependent on
another but nonetheless has a certain independence within his own
46
47
48
49
Ibid., 16.
nal, Hymnus . . ., 796; Otten, Apologie . . ., III 4.
Gterbock, Bemerkungen . . ., 93 (Sklaven im eigentlichen Sinne).
Gtze, Pestgebete . . ., 217.
633
sphere of activity. At the same time, it does not exclude the existence of real slaves.50
To the class of semi-free belong the agricultural workers of a mausoleum or of a large estate owner, the artisans working there, and
property-owning slaves, namely the foreman or steward
(LAGRIG), or the shepherd (LSIPA.UDU).
4.3 Other Classes
4.3.1 L.MEippares
These captives were drafted for general service (luzzi, HL 48).
They are engaged in public works, such as the maintenance of buildings or roads in the settlements. They have elds and vineyards but
are not allowed to sell this property, which is apparently only for
their personal use. It is doubtful whether they are connected with
NAM.RA persons (see 4.3.3 below).51
4.3.2 L GITUKUL
This much-discussed class was originally thought to be warriors.52
Sommer suggested craftsman (Handwerker) instead,53 since the
Sumerogram TUKUL can mean not only weapon but also tool.
He is followed by von Schuler,54 while Honer speaks of a man
who has a tukul-obligation.55
According to HL 41, these craftsmen have to perform saan duty
(service for the king). Their sphere of activity is the maintenance of
public installations, such as shrines and fortresses.
4.3.3 NAM.RA
The Akkadian equivalent for this Sumerian term is ALLATU, booty;
deportee(s). They are members of the deported and resettled population of defeated enemy countries.56 The Hittite kings drafted them
50
Cf. Akk. wardum (see AHw 146465). The previously adopted term Unfreier
will no longer be used.
51
Haase, Der LUhippara . . ., 36f.
52
Hrozn, Code Hittite . . . sec. 40 passim: homme darmes. Also Djakonow,
Gesellschaft . . ., 331, albeit with the qualication of a conscript welcher im
Frieden Handwerker ist, as are all conscripts.
53
Sommer and Falkenstein, Bilingue . . ., 12024.
54
Dienstanweisungen . . . sec. 40 passim.
55
Honer, Laws . . ., sec. 40.
56
Alp, Klasse . . ., 115.
634
for military service or used them as workers in temples and in agriculture, where they could also be treated somewhat in the manner
of medieval glebae adscripti (HL 112). From HL 40 it appears that at
the kings directive they could also take the place of craftsmen who
could not or would not fulll their public service (saan).
4.3.4 The position of the semi-free was unenviable. For example,
they were counted by heads, as land-grant deeds attest.57 According
to HL 176b, craftsmen could be sold. A consequence was ight
(2224), as elsewhere in the ancient Near East.58 They were also the
victims of abduction, perhaps to maintain the stock of the semi-free
(HL 1921).
4.4 Social status was not immutable; it was possible for free persons to sink into the condition of semi-free. This was especially the
case with a free woman who married a semi-free man. According
to HL 34, she acquires his status at once or, if the man is a steward,59 after two or three years (HL 175). If a shepherd or steward
abducts a free woman and does not give the betrothal payment
(see 5.1.2 below), she will become unfree after three years (HL 35,
but note that there are two slightly diering versions). The son of a
free man whom a semi-free man adopts in order to preserve his line
(antiyant-) loses his free status (HL 36; see 5.6 below).
5. F
5.1 Marriage
Hittite marriage is monogamous. Formation of marriage is in three
stages.
5.1.1 The rst stage, according to HL 28, is a promise (vb. tar-)
by the parents of the bride to their future son-in-law, to give him
their daughter in marriage. The latter gives the parents something
not otherwise specied. Thus, the marriage is decided upon by the
57
58
59
635
60
636
5.2 Marital and Gender Relations
61
637
62
63
64
638
639
69
70
71
640
72
73
74
75
76
77
641
7. C
7.1 The study of Hittite law is hampered by the complete lack of
private contractual documents. The reason is that the Hittites wrote
not only on imperishable clay but also on perishable wood, as the
profession of scribe of wooden tablets (LDUB.SAR.GI) attests.78
The importance of this profession is underlined by the fact that the
scribes are subordinate to a dignitary with the title Great One of
the Scribes (GAL.DUB.SARME). The only information on regular
contracts is provided by HL, written on clay. The following topics
are touched upon: workers (75, 150, 158, 161), doctors (10, IX),
family (29), sale (177, 183, 186), hire (78, 151, 152, 157), and craftsmen (144, 145, 160, 161).
7.2 There is no information on the formation of private contracts.
Some indication of the possible pattern may lie in loyalty oaths,
which speak of a binding (isiul ) between emperor and vassal.
7.3 Labor Contract
HL attests to four contracts for the hire of persons (= locatio conductio operarum), in which a person makes his own labor available for
various services and receives a wage in return. The following work
is mentioned: harnessing of various animals (75), binding of sheaves
(158), harnessing a team of oxen (159). In one case (150), hire for
wages is mentioned, without further specication. HL 144 mentions
a barbers assistant who ruins his scissors.
7.4 Physician
It is known that there were senior and junior physicians in Hattusa,
that the doctor received a fee for his services, and that he functioned as an exorcist.79
HL are concerned only with the doctors fee. HL 10 mentions it
in connection with illness due to injury; the culprit must pay the
medical costs. The later version, IX, distinguishes between treatment
of a free and a semi-free person. In the rst case the doctor receives
three shekels; in the second, only two.
78
79
642
80
81
643
82
644
8.2 Crimes
8.2.1 Homicide
8.2.1.1 It is noteworthy that the most severe form of homicide,
namely premeditated murder, is absent from HL. The explanation
is to be found in the Constitution of Telipinu, section 49, which
provides that in a matter of blood, the lord of the blood decides
what will happen to the perpetrator. The latter is the head of the
family to which the victim belonged. Punishment is death or the
provision of a substitute to the family. The king does not wish to
interfere83 and leaves punishment of the crime to the jurisdiction of
the family. This rule remained unchanged: around two hundred years
later, King Hattusili II (ca. 12651240) writes in a letter to the
Babylonian king Kadashman-Enlil, who has complained about robbery and murder committed against Babylonian merchants in Hittite
territory: In Hittite territory no one is killed. If the king hears that
someone has been killed, the murderer is . . . arrested and handed
over to the brothers of the victim. In this case his brothers accept
a payment . . . If his brothers do not wish to accept a payment, the
murderer is made a slave (?). If it is a man, he is sold abroad. But
it is not the practice to kill. There then follows a remarkable piece
of logic: Those who would not kill a criminal, how would they kill
a merchant?84
8.2.1.2 Intentional Homicide
HL opens with killing sullanaz, in a quarrel (1 and 2). The cause
is not given, but it is to be noted that the mental element of the
crime comes into consideration, namely, whether it was intentional
or negligent. The same distinction is made by a witness in a trial
on the disbursement of royal property, who says: It was negligence
on my part, but not malice.85 The explanatory account of how the
oense came about speaks for a deliberate blow struck in anger. The
culprit must give four or two heads, according to whether the victim was free or semi-free. In addition, he must arnu- the corpse.
83
645
The verb arnu- has long been a crux. Honer translates bring
(for burial), while Haase suggests production of the body, so as
to give the culprit the opportunity to refute any suspicion of ambush,
by display of the corpse.86
8.2.1.3 Negligent Homicide
HL 3 and 4 deal with free and semi-free men and women who are
struck so hard that they die. It is said of the culprit, however, that
his hand sins (kessarsis wastai ), the reference being to negligence,
probably with a tool or weapon. The penalty is half of that imposed
in HL 1 and 2.
8.2.1.4 Robbery
HL 5 and 3 punish the robbery and murder of a merchant from
Hattusa (as one of the manuscripts is careful to stress). The provision raises three problems.
8.2.1.4.1 The ne is one hundred minas of silver. This enormous
sum (according to HL 180, one can buy a mule for one mina) may
have been intended as a deterrent. Alternatively, it could be a scribal
error.87 Nonetheless, the text must be taken as it stands.
8.2.1.4.2 After the ne, the formula parnasseya suwaizzi (he shall
look into his house) is added. Its meaning was long a matter of
dispute, but is now recognized as a right to levy execution against
the property of the culprit.88 If the crime was committed in the territory of Luwia or of Pala, the culprit must restore the stolen items
in addition to paying the ne.
8.2.1.4.3 The culprit must arnu- the body of the victim (see 8.2.1.2
above).
8.2.1.4.4 The later version in HL 3 includes robbery and murder, killing in a quarrel, and negligent homicide. The ne for mur-
86
Haase, Arnu . . ., 47578; Honer, Laws . . ., 167. Note that comparison
with HL 76, adduced by Honer, supports Haases interpretation.
87
Haase, Die Ttung eines Kaufmanns . . ., 21319.
88
Haase, Gedanken zur Formel . . ., 9398.
646
der is lost due to a break in the tablet. In the other two cases, it is
six and two minas of silver, respectively.
8.2.1.4.5 HL 6 deals with a case where the perpetrator is not
identied. The place where the body was found (presumably the
scene of the crime) is in another town. The landowner must cede
to the victims family twenty-ve square meters of land. Following
Honer, it is reasonable to suppose that this is intended as compensation for the heirs.89 The later version (HL 4) changes the circumstances: the place where the body was found is now another
persons property whose owner must pay a xed sum. If no landowner
is ascertainable, a settlement within thirty kilometers is made responsible, failing which the heirs receive nothing.
8.2.1.4.6 Death that results from blows given in an aray is punishable with payment of one head (HL 174). The low penalty
reects the contributory responsibility of the victim, who participated
in a ght.90
8.2.1.5 Miscellaneous Crimes
8.2.1.5.1 HL 43 arises from the practice of fording a river with a
herd by hanging onto the tail of one of the animals. The culprit
pushes the victim o the tail of his animal, with the result that the
latter is drowned. The victims family receives the culprit himself
(presumably as a slave).
8.2.1.5.2 In HL 44a, someone pushes a person into a re, so that
the latter dies. The culprit must deliver a son.91
8.2.1.5.3 HL 111 and 170 concern sorcery. Whoever makes a clay
image is deemed to practice sorcery. It is a case for the royal court
of justice and is a capital oense (111). If a semi-free person kills a
89
647
92
Haase, Zur Bedeutung . . ., 25153; berlegungen zur unerlaubten . . ., 44;
Weitenberg, To Become a Wolf . . .
93
Haase, Zur Bedeutung . . ., 25153.
94
Haase, Eine Grenzstreitigkeit . . .
648
95
96
97
649
the latter two, the animals in question are sacricial animals with
whom the act is an abomination and is punishable with death. The
king has the power to pardon, but the culprit may still not approach
him thereafter. According to HL 200a he may not become a priest.
8.3 Delicts
The following are wrongs that lead to payment of compensation or
a penalty.
8.3.1 Injury
8.3.1.1 The central provision is HL 10, which lays down the
general rule: If anyone injures a person and makes him ill . . . The
circumstances leading to the injury are not given, the injury not
being permanent and being successfully treated. More specic provisions are arranged around HL 10 in what resembles a chiastic
structure:98 eye or tooth (78), head (9), person (10), arm or leg
(1112), nose, and ear (1314; 1516).
8.3.1.2 The individual provisions are as follows: blinding and knocking out of teeth, injury to the head, injury to a person in general,
breaking a hand or leg, biting o the nose, and tearing o an ear.
The victims are free or semi-free; the penalties are somewhat lower
for the latter. In addition, there is causing a miscarriage, again with
the severity of the penalty depending on whether the woman is free
or semi-free (HL 17, 18).99 The age of the fetus is also a factor in
the assessmentwhether the woman is in the fth or tenth month
of pregnancy (i.e., reckoning by lunar months).
8.3.2 Property
The interests in property that are aected under these laws relate
in some degree to ownership in the broader sense of control (see
6.1 above).
98
Similarly Otto, Krperverletzungen . . ., 399, who sees HL 9 as a general
rule also. It would be curious, however, to nd two leges speciales juxtaposed.
99
Haase, De fetu abito . . .
650
100
101
102
103
104
Koroec, Sistematika . . .
Alp, Hethitische Briefe . . ., no. 31.
Haase, Wasserrecht . . ., 224f.
Honer, Laws . . ., 131.
Haase, Kaufrechtliche Bestimmungen . . ., 1721.
651
105
106
652
high. Thus, a thief had originally to pay thirty bulls for a stolen
bull, later reduced to fteen (57).
8.4.5 Compensation
Compensation is paid in two forms: replacement of the object (HL
74: a good ox in place of an injured one), or pecuniary payment
equal to the loss (77b). The rst form is rare (approx. 5 percent of
the provisions in HL), covering only reimbursement of a betrothal
payment (28), restoration of stolen goods (95, 96, 97), and rebuilding of a house or barn destroyed by re (98, 100).
8.4.6 An interesting mixture of compensation, ne and punishment
is found in HL 95. A semi-free thief caught by the victim must
replace as much as was stolen, pay a ne, and have his nose and
ears cut o. He may return to his master, provided the latter makes
the payments in question, that is, on the principle of noxal liability.107
8.4.7 Enforcement
8.4.7.1 If a penalty could not be paid, as was likely with multiple
restitution, the victim was entitled to obtain satisfaction from the culprit by execution against his property. If the property were insucient
for this purpose, there remained as a last resort execution of the
judgment debt against the person.
8.4.7.2 The formula for this type of execution is and he shall look
into his house, found in numerous provisions of HL.108 It means
that the judgment creditor can seize the property (house) of the
judgment debtor.109
8.4.7.3 Abuse of this right may be behind the provisions of HL
concerning unjustied seizure of pledge or distraint (1645; see
8.2.1.7.1 above). If an animal seized under these circumstances dies,
then HL 76 applies, at least in cases of unjustied seizure.110
107
Haase, ber Noxalhaftung . . ., 41921; Westbrook and Woodard, Tuthaliya
IV . . ., 656.
108
It is absent from the later version, KBo IV 4, with one exception (XII), which
may be a scribal error.
109
Haase, Gedanken zur Formel . . .
110
Haase, 76 (Pfandrecht).
653
111
654
655
Honer, H.A., Jr. The Laws of the Hittites. Leiden: Brill, 1997.
Homann, I. Der Erlass Telipinus. Heidelberg: Winter, 1984.
Hrozn, F. Code Hittite provenant de lAsie mineure. Paris: Geuthner, 1922.
Imparati, F. Le leggi ittite. Roma: Edizioni dellAteneo, 1964.
. Die Organisation des hethitischen Reiches. In Geschichte des hethitischen Staates,
ed. H. Klengel. Handbuch der Orientalistik 34. Leiden: Brill, 1999, 32087.
Klengel, H. Die Rolle der ltesten (LMEU.GI) im Kleinasien der Hethiterzeit,
ZA 23 (1965) 22336.
. Mord und Busseleistung in sptbronzezeitlichen Syrien. In Death in Mesopotamia,
ed. B. Alster. CRRAI 26. Mesopotamia 8. Copenhagen: Akademisk Forlag, 1980,
18997.
Koroec, V. Sistematika prve hettitske pravne zbirke (Kbo VI 3), Zbornik znanstvenih
razprav 7 (1930) 212 (Ljubljana University: in Slovenian with Latin summary).
. Bl madgalti, Zbornik znanstvenih razprav 18 (1942) 132 (Ljubljana University:
in Slovenian with Italian summary).
. Hethiter. In Handbuch der Orientalistik, ed. B. Spuler. Ergnzungsband 3:
Orientalisches Recht. Leiden: Brill, 1964, 177219.
Koschaker, P. Zum Levirat nach hethitischem Recht, Revue hittite et asianique (1933)
7789.
. Eheschlieung und Kauf nach alten Rechten, ArOr 18/3 (1950) 21096.
Kmmel, H.M. Der Thronfolgeerla des Telipinu. In Texte aus der Umwelt des
Alten Testaments 1, ed. O. Kaiser. Gtersloh: Mohn, 198285, 46470.
Landsberger, B. Samal: Studien zur Entdeckung der Ruinenstaette Karatepe. Ankara: Druckerei
der Trkischen Historischen Gesellschaft, 1948.
Liverani, M. Prestige and Interest. Padua: Sargon, 1990.
Macqueen, J.G. The Hittites and Their Contemporaries in Asia Minor. London: Thames
and Hudson, 1996.
Otten, H. Puduhepa: Eine hethitische Knigin in ihren Textzeugnissen. Wiesbaden: Steiner,
1975.
. Die Apologie Hattuils III. Wiesbaden: Harrassowitz, 1989.
. Hethitische Totenrituale. Berlin Akademie-Verlag, 1990.
Otto, E. Krperverletzungen im hethitischen und israelitischen Recht. In Religionsgeschichtliche Beziehungen zwischen Kleinasien, Nordsyrien und dem Alten Testament, ed.
B. Janowski et al. OBO 129. Freiburg: Universittsverlag, 1973, 391425.
Renger, J. Flucht als soziales Probem in der altbabylonischen Gesellschaft. In
Gesellschaftsklassen im Alten Zweistromland und in den angrenzenden Gebieten, ed. D. Edzard.
Mnchen: Beck, 1972, 16782.
Riemschneider, K. Die hethitischen Landschenkungsurkunden, Mitteilungen des
Instituts fr Orientforschung 6 (1958) 32281.
San Nicol, M. Beitrge zur Rechtsgeschichte im Bereich der keilschriftlichen Rechtsquellen.
Oslo: Aschehoug, 1931.
Schuler, E. von. Hethitische Dienstanweisungen fr hhere Hof- und Staatsbeamte. Graz:
Weidner, 1957.
. Hethitische Knigserlsse als Quellen der Rechtsndung und ihr Verhltnis
zum kodizierten Recht. In Festschrift Johannes Friedrich zum 65. Geburtstag, ed.
R. von Kienle et al. Heidelberg: Winter, 1959, 43572.
. Hethitische Rechtsbcher: Die hethitischen Gesetze. Vorschriften fr Diener
des Knigs. In Texte aus der Umwelt des Alten Testaments 1, ed. O. Kaiser. Gtersloh:
Mohn, 198285, 96125.
. Althethitische Schenkungsurkunde aus Inandk. In Texte aus der Umwelt des
Alten Testaments 1, ed. O. Kaiser. Gtersloh: Mohn, 198285, 2089.
Singer, I. The in the Hittite Texts, Anatolian Studies 34 (1984) 97127.
Sommer F., and A. Falkenstein. Die hethitisch-akkadische Bilingue Hattusili I. (Labarna
II.). Mnchen: Beck, 1938.
656
657
1
Adamthwaite, Late Hittite Emar, 383; Pitard, Archaeology of Emar . . .; Skaist,
Chronology . . .
2
They pre-date the Emar tablets but probably by nothing as much as their editor claims (between 1530 and 1446!): Mayer, Ekalte . . ., pp. 1419 (contra Wilcke,
A . . ., 12425).
3
Pedersen, Archives . . ., 6168.
4
Leemans, Aperu . . ., 21819.
658
5
Temple M 1. The reading of the gods name is unknown. Arnaud proposes
Ashtar: TBR, p. 15.
6
Beckman, Emar and Its Archives, 9.
7
Wilcke, A . . .
8
Fleming, Limited Kingship . . .; Beckman, Hittite Provincial Administration . . .,
and Hittite Administration . . .
9
See Adamthwaite, Late Hittite Emar, 12831.
659
the city of Emar by the same king might suggest a treaty limiting
the overlords powers over the citizens of Emar (Emar 18). At all
events, it is clear that at least some Emarites had direct access to
the Hittite administration.
Ekalte seems to have been a provincial town within the kingdom
of Emar. The law reected in its tablets, at all events, is with minor
exceptions indistinguishable from that of Emar. There is, however,
no mention of an imperial overlord and no tablets of the SyroHittite type.
2.2 Emar Administration
2.2.1 The King
The king of Emar sat as a court of rst instance (RE 21; Westenholz
3). In return for services to the state, he had the power to free slaves
(Emar 17) or grant land (ASJ 12:7) or a priesthood (Sigrist 6). He
also granted irrigation rights (TBR 86). Fines for breach of land sale
contracts were sometimes payable to the palace, which seems to have
been recognized as a separate entity from the person of the king, at
least for scal purposes.10 In their private capacity, members of the
royal family had extensive landholdings and bought and sold land.
2.2.2 Local Authorities11
The city was represented by the elders of Emar.12 They could sit
collectively as a court (ASJ 14:44). Their main recorded function
related to the sale of conscated property. Land could be conscated
from its owner because he had committed a great sin against his
master and the city (e.g., Emar 1; RE 16, 34). The former probably referred to the king. Nonetheless, it was the god to whom the
property was forfeit, and dNIN.URTA and the elders, as the new
owners, who proceeded to sell the land. Fines for challenging the
transaction were payable to dNIN.URTA and the city, or occasionally to the palace.
The implications for royal jurisdiction are unclear. On the one
hand, the benet of land forfeited for an oense against the king
10
660
does not seem to have accrued to him or the palace. In one instance,
a royal prince actually purchased conscated land from dNIN.URTA
and the elders (Emar 139). On the other, members of the royal family were frequent witnesses to these sales, and one document records
a second transaction in which the king granted (other) land to a
diviner for his services to the state.13 The powers of the city elders
may therefore have limited those of the king or they may have been
delegated from the king.14
The elders of Ekalte had the same function, selling conscated
property owned by the city and the god Balaka (e.g., Ekalte 2, 3).
There was also an assembly of the city, great and small (uru gal.gal
u tur.tur: Ekalte 1, 2) and a mayor (azannu), who appears in the
sources as a witness or an eponym.
2.2.3 Weights were standardized by the stone of the city of Emar
(e.g., Emar 75).
2.3 Hittite Administration
2.3.1 The overseer of the land (l.ugula.kalam.ma) was a peripatetic Hittite ocial responsible for the land of Ashtata. He sat as
a court together with the city elders (ASJ 14:44, Emar 205, 252;
Westenholz 2; possibly TBR 84) and acted as a witness to legal
transactions (e.g., RE 56; Emar 90, 181) and to litigation before the
king of Carchemish (Emar 212).
2.3.2 Carchemish was known as the city of the king, before whom
Emarites could litigate (AO 5:8; Emar 212, 257), as could foreigners
having disputes with Emarites (Owen 1). The king also conrmed
ownership of land in Emar (RE 54, 55) and witnessed legal transactions, especially testaments (Emar 31, 177, 201, 202; RE 85).
2.3.3 Sons of the king were high ocials of the Carchemish
administration, including but not conned to members of the royal
13
ASJ 12:7. The grant of a priesthood noted above (Sigrist 6) was by the king
and the city.
14
In ASJ 14:43, the elders of a town near Emar appear as litigants, possibly on
behalf of a prince of Emar, who is noted as the owner of the disputed eld.
661
family.15 Their function at Emar seems conned mostly to witnessing transactions (taking precedence over the overseer of the land,
e.g., Emar 182, 211; Fales 66). One such ocial, however, judges
a dispute between an Emarite and an outsider, possibly a nomadic
shepherd (Westenholz 1). In ASJ 6, pp. 6575, another transfers a
feudal holding in the vicinity of Emar from an uncle to his nephew
(see 6.1.1 below). In Emar 127, Tuwatziti, who was a high ocial
either from Carchemish or the imperial court, presided over a dispute between an Emarite and a foreign merchant.16
2.3.4 In letters (in Hittite) to one of his ocials, the Hittite emperor
refers to a complaint by an Emarite that the ocial wrongfully sought
to impose Hittite feudal dues on his land, which was previously
exempt (Hagenbuchner 23; Westenholz 32). This implies that within
the territory of Emar there existed feudal landholdings directly
dependent on the Hittite crown and therefore subject to Hittite jurisdiction. In Emar 201, the king of Carchemish may be following
instructions of the Hittite emperor with regard to the assignment
of land.
3. L
3.1 Parties
In the few records of litigation, female litigants gure prominently
(Emar 28, 33, 252; TBR 5). In Owen 1, the queen mother of
Carchemish intervenes on behalf of the defendant, a foreign debtor.
In Emar 18, a slave contests his status (cf. Westenholz 2).
3.2 Procedure
3.2.1 In property or contract disputes, the parties began proceedings by jointly approaching the court (ASJ 14:44, Emar 19, 28; RE
21; Westenholz 1, 2, 3). In Owen 1, a creditor seized the debtor
but released him before trial in return for a guarantee of his debt
15
662
17
663
20
21
664
Tattae/Ra"indu, Emar 23, 24, 25. See Durand, Minima . . ., 37 sub (c).
Adamthwaite, Late Hittite Emar, 13354; Zaccagnini, War and Famine . . .,
92105.
24
Cf. Emar 83, 121, 215; Sigrist 1; ASJ 13:36, 37; ASJ 10:E; TBR 25, 44, 52;
Ekalte 28.
23
665
creditors seized her and she could not pay them (ASJ 13:36). A
common practice was for a nancier to pay o the various creditors in return for the debtor becoming his slave (Emar 121, 215).
4.3.2.2 A person would either enter into slavery or be sold by a
parent (e.g., Emar 217; ASJ 10:E) or relative. Persons sold their
wives (ASJ 13:18), grandchildren (Emar 7), brother (with his wife and
childAO 5:11), sister (Ekalte 23), sister-in-law (Emar 118), daughterin-law (AO 5:12), nephews (Emar 205), and niece (TBR 52).
4.3.2.3 Many of the documents emphasize that the transaction is
voluntary (itu ramniu). This applies not only to self-sale but also to
those who are the object of sale, although their consent must sometimes have been ctional, as in the case of a nursing infant (Emar 83).
4.3.2.4 In Emar 257, the court adjudged the thief of a slave as a
slave to the owner of the stolen slave. The thief forestalled the sentence by giving his sister as a slave in his place. In Emar 19, after
obtaining a judgment for debt, the plainti petitioned the king, who
assigned the judgment debtor to him as a slave.
4.3.2.5 In AO 5:11, an express clause in the contact declares as
slaves the future children of a family sold into slavery. It may be
that the houseborn ospring of debt slaves did not automatically
become slaves.
4.3.3 Conditions
4.3.3.1 In several cases, the status of children was separated from
that of their slave parents. In ASJ 14:46, a prince of Carchemish
declared the children of his slave free, while retaining the latter. In
Emar 18, the king of Carchemish ruled that the children and father
of a person enslaved for a judgment debt remained free.
4.3.3.2 Slaves could marry (RE 25; cf. Ekalte 66).25 In ASJ 14:46
a slave was adopted by a woman who gave him her daughter in
25
In Emar 91, it is not clear whether the slave womans husband, the blind
man, is a slave or free.
666
26
667
26). Release could be unconditional (TBR 32) but was often linked
to an obligation to serve the owner (and spouse) for the duration of
their lives (Emar 177; RE 27, 66). Sometimes the owner would adopt
the manumitted slave and even give a male slave the owners slave
woman or daughter in marriage (RE 26, 82). Manumission by adoption could also be accompanied by the obligation to serve; in TBR
41, this was the purpose behind the owners giving his slave in adoption to his wife and son.
4.3.4.1.2 Indirect manumission is recorded in TBR 70, where the
owner gave a slave woman to her daughter-in-law with the condition that she be given in marriage as a free woman.
4.3.4.2 Redemption
4.3.4.2.1 In many enslavement contracts an express clause sets out
the right of redemption and the price. It could take the form either
of the debt itself (Emar 205) or its equivalent (t.bi/mitari: ASJ
13:17; Emar 118; Sigrist 1), which Zaccagnini has argued meant in
addition to the debt, that is, a payment of double,27 or alternately
be expressed in terms of furnishing a suitable substitute. Mostly one
person is demanded (ASJ 13:18, 37; TBR 25), but sometimes more
(TBR 52; Emar 83; AO 5:11four good quality women for a man,
his wife, and daughter; Emar 217ten persons for four children).
4.3.4.2.2 Contracts usually do not specify the redeemer, except that
it must have been a person who had this right in general law,
expressed by the verbs vindicate (baqru) or redeem ( paru; cf.
Westenholz 2). In Emar 83, it is contemplated that the seller will
say Give me back my daughter. TBR 52 assumes that the slaves
father or uncle have priority in redemption, failing which others must
pay double. In Emar 205, the slaves uncles are given rst refusal.
In Ekalte 28, the father who gave his son into slavery to save him
from famine must wait ten years before redeeming him.
4.3.4.2.3 Slaves might redeem themselves out of their peculium. In
Emar 121 it is contemplated that the slave pay from silver at his
27
668
28
669
age (TBR 72, 73, 75). In some cases, the adopter is a woman (ASJ
14:46; TBR 75). The resulting consanguinity of husband and wife
as maternal brother and sister did not seem to be a barrier. In ASJ
14:46, the adoptee was a brother, a husband, and the slave of a
third party at the same time. In Ekalte 66, a man, having adopted
his brother as his son, marries the latters slave, with the provision
that the ospring of the union are to be deemed the children of
both men.
5.1.2 Formation
5.1.2.1 The preliminary to marriage was an agreement between the
brides guardian and the groom or his father. The former would
normally be her father, but could be anyone who was the head of
household at the time: her father and mother together (RE 67), her
mother alone (a widow: Emar 213; RE 61), her brother (Semitica
46, 910; 1214; RE 76; TBR 41), uncle (ASJ 14:45), or owner if
a slave (RE 26; TBR 70). The power was sometimes delegated to
an adopted brother, but this may have applied only after the adopters
death (RE 26, 88). The power of obtaining a wife for the groom
could be delegated in the same way (RE 26).
5.1.2.2 The groom is said to take the bride as a wife (ana aati/ati )
or the guardian is said to give the bride to the house of a fatherin-law (ana bt emi: Emar 216; TBR 23). In RE 76, two brothers
gave their sister to a man as his daughter-in-law (ana kallati, written
.gi4.a; cf. RE 6: a-na .gi4.a-ut-ti ). In all these cases the bride was
the object of the transaction. A widow or divorcee, however, could
act on her own behalf. In Emar 30, a widow (or divorcee) made a
man her husband (ana mutia altakanu).
5.1.2.3 The brides guardian received a bridal payment (teratu, written n.m.s.s or an abbreviation thereof ) from the groom or his
father.29 A perquisite of being a delegated guardian was the right to
receive her teratu (RE 10, 88; Westenholz 3). Adoption of the groom
29
Sometimes an outsider, a brother or patron, might pay the teratu on the
grooms behalf (see Emar 117; RE 10). It is not clear whether they also chose the
bride.
670
obviated the need for a teratu, but if the groom repudiated the adoption, he might be liable to pay it retroactively (RE 88; TBR 72).
5.1.3 Divorce
5.1.3.1 The documents assume that husbands and wives have equal
capacity to initiate divorce.
5.1.3.2 Form
Marriage was dissolved by a unilateral declaration: You are not my
wife or You are not my husband, respectively (Emar 124; RE
82; SMEA 9). TBR 75 contemplates the husband saying to his
mother-in-law/adoptive mother, I divorce your daughter. In TBR
28, the wife declared of her husband that he could take his sons
hand and go where he pleases (aar libbiu lillik). The verbs used
for divorce are muuru (Emar 213; TBR 75) and ezbu (RE 6, 61;
Ekalte 40).
5.1.3.3
Consequences
671
30
ASJ 13:24; ASJ 16, pp. 23138; Emar 176; RE 8; TBR 45; Westenholz 14;
Huehnegard, Biblical Notes . . ., 431. In TBR 22, the injunction by a husband,
on the occasion of a marital gift to his wife, that no one may enter her bedroom,
may refer to her widowhood and the conditionality of the gift.
672
5.3 Adoption31
5.3.1 Formation
Adoption was created by a formal declaration: He is my son (Emar
185; possibly Emar 32, 93).
5.3.2 Capacity
Men or women could adopt. Filiation was not created by marriage;
a separate adoption was required. For example, in Emar 30 a woman
married and gave her existing son to her new husband in adoption.
5.3.3 Typology
5.3.3.1 Children
Unilateral adoption occurs in Emar 256, where the adopter takes
abandoned orphan children from the street. Their grandfather apparently has renounced all claims on them and the only other potential claimant, their uncle, is deterred by a redemption price set at a
thousand shekels. Bilateral adoptions are recorded in a family setting but may have been to deal with the ospring of slaves. In TBR
77, a woman gives her son and daughter to her sister in adoption,
but the possibility is envisaged of a claimant emerging who could
take the children by providing slaves as substitutes. In Emar 91, a
man gives children, probably by his slave concubine, in adoption to
his wife.32
5.3.3.2 Adults
The rest of the recorded adoptions were contractual arrangements
involving adults. They were basically intended to secure support in
old age in return for various benetsa wife immediately, release
from debts, an inheritance, or manumission on the adopters death.33
5.3.3.2.1 Support arrangements might be made in a family context, for example, a husband gives his wife a son in adoption for
support during widowhood (ASJ 16, pp. 23138).
31
673
See Abr. Nah.; Emar 5, 30, 32; Dalley 1; Fales 67; RE 28, 30; TBR 48.
The creditor failed to provide the promised support and in RE 13, the debtors
brother paid o the creditor and took over the position of heir, with only the barest
allusion to adoption (vb. leq); he may have been the nearest heir, anyway.
35
674
5.3.4.2 Consequences
Most adoption contracts contained penalties for unilateral dissolution.
5.3.4.2.1 Where an inheritance was expressly assigned, the party
dissolving was often penalized with its forfeiture (RE 28, 30; TBR
48; Ekalte 38, 75). Sometimes the adopter forfeited to the adoptee
not only his due share but the whole of the estate (Emar 30; TBR
41, 42, 74, 78). Curiously, when the adoptee is also a son-in-law,
forfeiture of the estate is not expressly mentioned.
5.3.4.2.2 An adopted son-in-law who dissolved forfeited his wife
and children; if the adopter dissolved, the son-in-law could depart
with his wife and children (AO 5:14). Usually there was an additional pecuniary penalty on the party in breach (RE 25; TBR 39,
40, 43, 46, 72, 75; cf. RE 88). The standard penalty appears to
have been sixty shekels.36
5.3.4.2.3 Where the relationship between the parties was also creditor and debtor, forfeiture of the debt by the creditor is also a possible penalty (TBR 39; RE 63).37
5.3.4.2.4 Manumitted slaves are not treated uniformly. Two adoptees
who terminate must pay sixty shekels, their price, in order to leave,
and are paid the same if the adopter terminates. In Emar 176, the
adoptee must give a slave as her substitute. In RE 26, the adoption
is dissolved by the adopter declaring You are my slaves, in which
case the adoptee is free to leave with his wife. Dissolution by the
adoptee is achieved by an unclear action (vb. i-da-in), for which he
forfeits his wife and must pay one hundred shekels before leaving.
5.3.4.2.5 ASJ 16, pp. 2318 has a unique penalty on the adoptee,
possibly a manumitted slave. The adoptress will slap his face and
sell (? vb. kuudu) him at the gate.
36
A pecuniary penalty alone is imposed on the adoptee in TBR 40 and 46 and
on both in RE 63 and TBR 73. In some of these cases at least, debt was a complicating factor.
37
In RE 63, the debtor dissolving the adoption has to pay the equivalent of
the debt (t.bi = double?; see Zaccagnini, T.BI . . ., 100).
675
38
ASJ 6, pp.6575; cf. ASJ 14:46 and Emar 17. Discussed by Adamthwaite, Late
Hittite Emar, 99114. Adamthwaites discussion of ilku service at Emar (ibid., 87114)
should now be read in the light of Westenholz 2.
39
Written with a pseudo-logogram L.ME A.I.A. See Wilcke, A . . .;
Bellotto L.ME.a-i-a . . .
40
Arnaud, TBR p. 16; Leemans, Droit dEmar . . ., 19; Van der Toorn, Domestic
Cult . . ., 4546.
676
the outer circle of potential heirs, who are paid a small bribe to
relinquish any vestige of a claim to the land that might disturb the
buyers quiet possession.41 At Ekalte, the brothers are more prominent. They are present at the settlement of property disputes, where
each party apparently had their own brothers (Ekalte 20, 21), and
they have their own heralds (ngiru) and head (rab a).42
6.1.3 Apparently, temples could be privately owned. ASJ 10:C
records (in a broken context) the transfer of a temple of Ereshkigal
by its priests to a private individual who supported them in a year
of famine (cf. TBR 87).
6.2 Servitudes
In TBR 86, the king of Emar conrms the irrigation rights (iqtu)
belonging to a family.
6.3 Inheritance43
6.3.1 Sources
Our knowledge of inheritance law comes entirely from testamentary
documents similar to the uppi mti found at Nuzi and in Syria of
the Late Bronze Age. They contain complex arrangements that
involve not only transfer of property but adoption, marriage, support, and maintenance of the family cult.
6.3.2 Intestate Succession
Inheritance was governed by customary law (kma li, according to
(the custom of ) the city) which can only be discerned by implication from the testamentary documents. The head of a patriarchal
household theoretically owned all its property, which on his death
was divided by his legitimate sons. Failing sons, grandsons could
inherit (TBR 76), and failing direct descendants, the property passed
to the deceaseds brothers or their male descendants (see, e.g.,
Emar 30, 213; ASJ 13:23). More distant relatives may have been
included in the term brothers, beyond whom lay the lim eqli, pos-
41
42
43
677
44
E.g., Emar 180, 213; ASJ 13:24. See Malamat, Clan . . ., and Beckmans
discussion to RE 39.
45
See 6.1.2. In one case, it is before his male and female slaves (Dalley 6).
678
46
Scurlock, ku-bu-ru . . .
He shall invoke my gods and my deadpossibly the spirits of dead ancestors. See Van der Toorn, Domestic Cult . . ., 3639.
48
Cf. Emar 93; RE 25. In Ekalte 36, two sons are designated as elder and
younger but explicitly not as regards inheritance shares, which suggests that the
designation was for the purposes of the cult.
49
E.g., Emar 186. In Emar 91, one brother takes the daughter of a slave in lieu
of the teratu owed him for his second wife.
47
679
50
AO 5:17; Emar 256. The declaration in these two Syrian tablets was before
the brothers.
51
megirta idbub; see Van der Toorn, Domestic Cult . . ., 40, n. 52.
52
TBR 23, 69; cf. RE 57, where a father gives unte to his daughter, a qaditu
priestess, on an unspecied occasion. The term is also used of the movables that
a wife gives to her husband on divorcing him: TBR 28.
680
53
681
to this category (ASJ 16, pp. 23138; Emar 176; Ekalte 75; possibly
TBR 31).
6.3.5.2.2 Inheritance
In a few cases, the testator gives his wife the whole estate (ASJ 13:22;
RE 15; in TBR 47, an indirect report, the relationship is unclear).
They appear to be special circumstances, perhaps where there are
no male heirs. In ASJ 13:31, it is predicated on the absence abroad
of the testators son. In TBR 50, atypically, the wife receives the
main inheritance share alongside the sons.
6.3.5.2.3 Care
One of the most frequent provisions of the testaments is for support
of the testators widow. The duty is imposed on all of his children
or on specic children, and inheritance of ones share is usually made
contingent upon its realization. The testator might also give his widow
the right to remain in the matrimonial home (or a substitute dwelling)
for the rest of her life (Emar 15, 156; TBR 69).
6.3.5.2.4 Father and Mother57
In a large number of testaments, the testator makes his widow father
and mother of my house, sometimes adding that she is head
(qaqqadu) of the house (e.g., Emar 15, 91, 181, 185; SMEA 7; ASJ
13:24, 26; 30; ASJ 16, p. 231; Dalley 6; RE 15, 28, 37; TBR 45,
50, 71; Ekalte 19, 65, 75). In ASJ 13:23, this status is given to her
jointly with a daughter, in two documents to a daughter alone (Emar
31; RE 57), and in TBR 28, to the testators mother. The eect is
to preserve the paternal estate undivided during the widows lifetime, or at least at her discretion.
6.3.5.2.5 Devolution
Six of the extant testaments are made by women. In all but one,
she is obviously a widow.58 The source of her property is not given;
is to a vested future right. In TBR 22, the husband has (revealingly) made known
(umteddi ) the gift.
57
Beckman, Family Values . . ., 72; Kmmerer, Stellung . . .; Westbrook,
Emar Jurisprudence . . .
58
In Emar 30, the testatrix husband is a legatee, although he may be her second husband. The other testaments are Emar 32, 128, 213; TBR 28, 29.
682
683
Syro-Hittite scribal traditions diverge in their recording of completion and contingency clauses.
7.1.1.1 Syro-Hittite records are very terse. There are no special
completion clauses and only three contingency clauses:
1. barring later claims by the seller or other claimants and asserting that the
present tablet will be conclusive evidence against (defeat, l "u) them. The
same formula is found at Ugarit in cases involving the jurisdiction of
the king of Carchemish.64
2. allowing a claim to redeem the property on payment of a specied sum
(e.g., AO 5:9, ll. 1113).
3. giving a warranty of title. The seller must pay o third-party claimants
ensuring that the purchaser will be free of claims (zaku: ibid., ll. 1417).
in form. The reason seems to be that the sale was ancillary to a more important
transaction, involving either intra-family arrangements (e.g., Emar 156; TBR 66,
81) or debt (e.g., Emar 82, 123).
64
E.g., Emar 76:2833. See Wilcke, A . . ., 125. The Syro-Hittite texts tend
to use the verb ragmu for claims, whereas the Syrian texts use baqru, but neither
exclusively.
65
See Skaist, mu gamru . . .
66
E.g., Emar 109:1721; RE 20:1921. It is not usually found where the seller
and buyer are closely related, nor at all in sales by city authorities (dNIN.URTA
and elders), except in RE 34, where the authorities are not the elders but the great
ones(gal.gal), and in tablets from Ekalte (Ekalte 11, 73, 80), but without the kupuru
payment.
67
See Scurlock, ku-bu-ru . . .,; Van der Toorn, Domestic Cult . . ., 4344;
Zaccagnini, Ceremonial Transfers . . ., 3941.
68
Except for TBR 14, where payment is to dNIN.URTA, the city and the palace,
probably due to the special circumstances of the conscation of the property being
sold. See Beckman, Emar Notes, 121.
69
RE 34 exceptionally is to the palace and the city. At Ekalte, the penalty in
684
levelsfrom one to four thousand shekels or (less frequently) from one to
four hundred shekels. No rationale is evident for the lower rate, which does
not necessarily reect the value of the property. It is possible that these
penalties reect a guarantee of the buyers title by the authorities to whom
they are payable.
4. An atypical document, Emar 156, recording the sale of a house as between
brothers, provides for the continued residence of a widow (probably their
mother) for life and her support by the buyer.
sales by the city is to Ba"laka or to Ba"laka and the city, but once to Ba"laka and
the palace (Ekalte 62) and once to the king, Ba"laka, and the city (Ekalte 7). In a
private sale, the penalty is to the brothers (Ekalte 50).
70
Except Emar 224, a brief memorandum.
71
Emar 21720. See Zaccagnini, Feet of Clay . . .
72
Emar 214; Dalley 5. Emar 211 contains a penalty on the slaves for denying
their status.
685
73
Postgate, Fifty Neo-Assyrian Documents, 3.2.4; see Kwasman & Parpola, Legal
Transactions . . ., nos. 26, 263, 323.
74
ASJ 13:34 may contain a reference to interest added at the city rate (kma li ).
75
In Sigrist 5, a loan for a trading venture (ana arrni ) is payable on its completion.
76
In RE 18, the creditor assigns his claim to whichever of his children survives
the current plague.
77
Hoftijzer and van Soldt, Security . . ., 200202; Skaist, Emar . . .
686
the house of the creditor and serves him in lieu of interest until such
time as he repays the capital (ASJ 10:A). He may be required to
pledge his land and family against his absconding (Emar 77; ASJ
13:35). There is, however, a variant form, under which the debtor
becomes virtually a member of the creditors family. In return for
a minimum period of service, namely, the lifetime of the creditor
and his spouse, the creditor either forgives part of the debt and gives
the debtor a wife (Emar 16) or forgives the whole debt and adopts
the debtor, giving him his own daughter as wife (TBR 39, 40).
7.4 Distraint
In TBR 26, creditors seize a debtors wife (vb. abtu), and the debtor
responds by selling her as a slave to a third party of her own free
will (ana ramnii ). This suggests that distraint was, as elsewhere, a
method of putting pressure on the debtor, but not of enslavement
in itself.
7.5 Debt and Social Justice 78
7.5.1 The right of redemption (vb. paru) is frequently mentioned
in documents of loan with pledge but also in documents of land sale
and sale into slavery of the seller himself and/or his family, where
it is clear that the background is the sellers indebtedness. The price
of redemption is sometimes equal to but, more frequently, double
the selling price. It is more likely that the contract was modifying
an inherent right to redeem than creating one, but the appropriate
conditions for exercise of the right and the parameters of its
modication are not ascertainable.
7.5.2 Where the buyer of land is a close relative of the seller, it is
sometimes said that he bought like a stranger (k(ma) nikari: Emar
20, 120; ASJ 12:11; RE 51; TBR 56). The implication is that the
sale was not at a discount, as between family members, but at the
full market price, like an outsider. The clause may have been designed
to protect the buyers title against future redemption by the seller
or his heirs.
78
687
79
688
8.1 Treason
80
689
A
The sigla used for publications of cuneiform sources in this chapter refer to the following entries in the bibliography:
Abr. Nah.
ASJ
AO
Dalley
DM 1, 24961
Ekalte
Emar
Fales
Owen
RE
Semitica
Sigrist
SMEA
TBR
Westenholz
B
Adamthwaite, M. Late Hittite Emar. Louvain: Peeters, 2001.
Arnaud, D. Recherches au pays dAtata. Emar VI.14. Paris: ERC, 198587.
. La Syrie du moyen Euphrate sous le protectorat hittite: Contrats de droit
priv, AO 5 (1987) 21141.
. Textes Syriens de lage du Bronze rcent. AO, Suppl. 1. Barcelona: AUSA, 1991.
. Tablettes de genres divers du Moyen-Euphrate, Studi Micenei e Egeo-Anatolici
30 (1992) 195245.
. Le vocabulaire de lhritage dans les textes syriens du Moyen-Euphrate
la n de lge du Bronze rcent, Studi epigraci e linguistici 12 (1995) 2126.
. Mariage et remariage des femmes chez les Syriens du Moyen-Euphrate,
Semitica 46 (1996) 716.
Beckman, G. Three Tablets from the Vicinity of Emar, JCS 40 (1988) 6168.
. Family Values on the Middle Euphrates. In New Horizons in the Study of
Ancient Syria, ed. M. Chavalas and J. Hayes. Bibliotheca Mesopotamia 25. Malibu:
Undena, 1992, 5779.
. Hittite Administration in Syria in the Light of the Texts from Hattua,
Ugarit, and Emar, New Horizons in the Study of Ancient Syria, ed. M. Chavalas and
J. Hayes. Bibliotheca Mesopotamia 25. Malibu: Undena, 1992, 4149.
. Hittite Provincial Administration in Anatolia and Syria, Atti del II Congresso
di Hittitologia (1995) 1937.
. Texts from the Vicinity of Emar in the Collection of Jonathan Rosen. HANEM 2.
Padua: Sargon, 1996.
. Emar Notes, N.A.B.U. 1996/121,122.
. Real Property Sales at Emar. In Crossing Boundaries and Linking Horizons (St.
Michael Astour), ed. G. Young et al. Bethesda, Md.: CDL Press, 1997, 95120.
Belotto, N. I L.MES.a-i-a a Emar, AoF 22 (1995) 21028.
Bunnens, G. Le sufte du port dEmar, Reets des Deux Fleuves: Mlanges Finet.
Akkadica Suppl. 6. Leuven: Peeters, 1989, 2729.
690
Dalley, S., and B. Tessier. Tablets from the Vicinity of Emar and Elsewhere,
Iraq 54 (1992) 83111.
Dombradi, E. Studien zu mitrum/mitri und die Frage des Duplums, II, ZAR
6 (2000) 1634.
Durand, J. Hauts personnages Emar, N.A.B.U. 1989/53.
. Minima emariotica, N.A.B.U. 1989/55b)56b).
. Review of Arnaud, Recherches au pays dAtata: Emar VI, RA 83 (1989) 16391;
84 (1990) 4985.
Fales, F. M. Prima dellAlfabeto, nos. 6567. Venice: Erizzo, 1989, 2018.
Fleming, D. A Limited Kingship: Late Bronze Emar in Ancient Syria, UF 24
(1992) 5971.
Hagenbuchner, A. Die Korrespondenz der Hethiter. Heidelberg: Winter, 1989.
Heltzer, M. The Internal Organization of the Kingdom of Ugarit. Wiesbaden: Reichert,
1982.
Hoftijzer J., and W. Van Soldt. Texts from Ugarit concerning Security and Related
Akkadian and West Semitic Material, UF 23 (1991) 189216.
Huehnegard, J. Biblical Notes on Some New Akkadian Texts from Emar, Catholic
Biblical Quarterly 47 (1985) 42834.
Kmmerer, T. Zur sozialen Stellung der Frau in Emar, UF 26 (1994) 169208.
Kwasman, T., and S. Parpola. Legal Transactions of the Royal Court of Nineveh, Pt. 1.
SAA VI. Helsinki: Helsinki University Press, 1991.
Leemans, W. Apercu sur les textes juridiques dEmar, JESHO 31 (1988) 20742.
. Le droit dEmar . . ., Oosters Genootschap in Nederland 19 (1992) 133.
Malamat, A. The Word for Clan in Mari and its Hebrew Cognate. In Solving
Riddles and Untying Knots: Biblical, Epigraphic and Semitic Studies in Honor of Jonas C.
Greeneld, ed. Z. Zevit et al. Winona Lake: Eisenbrauns, 1995, 17779.
Mayer, W. Tall MunbaqaEkalteII. Die Texte. Saarbrcken: Saarbrcker Druckerei
und Verlag, 2001.
Meyer, J., and G. Wilhelm. Eine sptbronzezeitliche Keilschrifturkunde aus Syrien,
Damaszener Mitteilungen 1 (1983) 24961.
Owen, D. Pasuri-Dagan and Ini-Tessups Mother. In Solving Riddles and Untying
Knots: Biblical, Epigraphic and Semitic Studies in Honor of Jonas C. Greeneld, ed. Z.
Zevit et al. Winona Lake: Eisenbrauns, 1995, 57384.
Pedersen, O. Archives and Libraries in the ANE 1500300 B.C. Bethesda, Md.: CDL
Press, 1998.
Pitard, W. The Archaeology of Emar. In Emar, ed. M. Chavalas. Bethesda, Md.:
CDL Press, 1996, 1323.
Postgate, J. N. Fifty neo-Assyrian Legal Documents. Warminster: Aris and Phillips, 1976.
Scurlock, J. Once more ku-bu-ru, N.A.B.U. 1993/21.
Sigrist, M. Seven Emar Tablets. In kinatttu a drti (Raphael Kutscher Memorial
Volume). Tel Aviv Occasional Publications 1, 1993, 16584.
Skaist, A. The Chronology of the Legal Texts from Emar, ZA 88 (1998) 4571.
. mu gamru: Its Function and History. In Solving Riddles and Untying Knots:
Biblical, Epigraphic and Semitic Studies in Honor of Jonas C. Greeneld, ed. Z. Zevit et
al. Winona Lake: Eisenbrauns, 1995, 61926.
. Emar. In Security for Debt in Ancient Near Eastern Law, ed. R. Westbrook and
R. Jasnow. Leiden: Brill, 2001, 23750.
Snell, D. The Cuneiform Tablet from El-Qitar, Abr-Nahrain 22 (19834) 15970.
Tsukimoto, A. Eine neue Urkunde des Tilli-Sharumma, ASJ 6 (1984) 6570.
. Sieben sptbronzezeitliche Urkunden aus Syrien, ASJ 10 (1988) 15389.
. Akkadian Tablets in the Hirayama Collection (I), ASJ 12 (1990) 177259.
. Akkadian Tablets in the Hirayama Collection (II), ASJ 13 (1991) 275333.
. Six Text Fragments from the Middle Euphrates Region, ASJ 13 (1991)
33545.
691
693
ALALAKH
Ignacio Mrquez Rowe
Alalakh, modern Tell Atchana, lies on the direct road between Aleppo
and the Mediterranean, in the Amuq plain, which today occupies
the major part of the Turkish province of the Hatay.
The seven seasons of excavations at Tell Atchana that Sir Leonard
Woolley conducted in 193739 and 194649 yielded over ve hundred cuneiform tablets, most of them written in Akkadian.
The majority of the tablets come from two royal archives unearthed
at two distinct levels and belong accordingly to two dierent historical periods. The older archive, which includes about 35 percent
of the excavated texts, was discovered in the Level VII palace and
is dated to the late Old Babylonian period. More than half of the
Alalakh written material was found in the more recent archive, in
the Level IV palace and fortress, which is dated to the fteenth
century.1
A. A L VII
1. Sources of Law
1.1 The sources of the period under discussion (in historical terms,
late Old Babylonian; in archaeological terms, late Middle Bronze
Age) extend from the installation of Yarim-Lim as ruler of Alalakh
by his elder brother Abban, Great King of Yamkhad (Aleppo), to the
destruction of the town, presumably by the Hittite king Hattusili I.
1.2 The extant corpus of legal documents from Alalakh VII includes about ten documents that are concerned with litigation, one
1
The basic edition of the texts remains Wisemans The Alalakh Tablets. It should
be noted that a few tablets are still unpublished or only partially published; see the
provisional list in Hess, A Preliminary List . . .
694
695
diction of Alalakh; these may include lawsuits that involve the ruler
himself (e.g., AT 8 or AT 9). Conveyances of landed property in
Alalakh may also have required the consent of the king of Yamkhad
(cf. AT 456:5762 and AT 79).4
2.1.2 The Legislature
As a result of the political status described above, legal institutions
and rules in Alalakh must reect the judicial system of the Great
Kingdom of Yamkhad. This is clearly shown by the application in
Alalakh of the debt-release decrees (andurrum) issued by the kings of
Aleppo,5 probably promulgated at the beginning of their various
reigns. (Note also the reference to an andurrum promulgated by King
Hammurapi of Aleppo in one text from Mari.)6
2.1.3 The Administration
2.1.3.1 Apart from a possible reference in AT 98c, nothing is known
of the judicial capacity of the rulers of Alalakh. The same holds true
for their responsibility as provincial collectors of taxes and services.
2.1.3.2 The picture is not clearer as far as local government is concerned.7 A few scattered references mention two institutions that, in
principle, seem to be closely connected with the public administration of cities, namely the elders (u.gi4.a/btu) and the mayor
(azannu). Only mentioned in two documents (AT 271:6, 8, 16 and
AT 322:4), the elders appear in their role as representatives of their
respective cities, especially in AT 322, where they are expressly
described as responsible for their citys debt.
As for the role of the city mayors in Alalakh, two aspects can
be deduced from the available information. First, their regular presence as witnesses of legal transactions points to their function in
court, albeit not necessarily judicial. The second aspect may be
revealed by AT 456, which describes a plot against Abban, the Great
696
697
2.2 Functions
2.2.1 Compulsory Service 8
Two sale documents (AT 52 and AT 54) and one deed of gift (AT
96) state that the property which is the object of transfer is granted
immunity (zaktu).9 The exempted duties that are implicit in this
formulaic expression may possibly correspond to the services quoted
in AT 55, namely the ilkum, diktum, and arrupabinnum. In line 8,
diktum is qualied as that of the troops with bronze spears (rin.me
gi.igi.d.zabar) and may possibly refer to some kind of military service; ilkum is the standard service due to the state in the ancient
Near East.10
3. Litigation
3.1 Almost all the extant litigation documents concern disputes over
property and inheritance. In many cases, the defendant is the ruler
of Alalakh himself. Although there is hardly any reference that would
provide proper identication, litigants must clearly belong to the
rulers entourage. Women appear frequently among them (e.g., AT
7, AT 8, and AT 11).
The documents rst record the subject matter and the declaration of the plainti s claim, occasionally followed by the statement
of the defendant. Then both parties are said to come (lit., enter)
before the king of Yamkhad (or other court), who has the nal decision. Witnesses might be called upon to testify (e.g., in AT 7, AT
57, or AT 455) and documents could be produced as evidence (e.g.,
in AT 57).
3.2 In AT 11, where the plainti s claim was rejected, she was to
suer some kind of shaming before the court (lit., her head was
struck by the accused).11 As a rule, court decisions were secured by
heavy penalties imposed on any of the parties who would claim again
8
See Zaccagnini, Asiatic Mode of Production . . ., 80f.; Kienast, Die altbabylonischen Kaufurkunden . . ., 37, 42.
9
See also Kraus, Ein mittelbabylonischer Rechtsterminus, 37f., and Ries,
Lastenfreiheit, 509.
10
Cf. also the mention of the ilkum of Aleppo in AT 58. An attempt to understand the term arrupabinnu was made by Gaal, Alalahian Miscellanies I, 9f.
11
See Malul, Legal Symbolism, 432.
698
12
699
700
mother and it is probably after her death that the case was started.
In AT 11, Tatteya, sister of Yarim-Lim, ruler of Alalakh, brings a
lawsuit against her brother claiming (obviously wrongly) that her
father had assigned the town under dispute as a share to her (and
not to him). The verb used here is wudd, and to judge also from
AT 6 (and probably also AT 96), it seems to have been the technical term to dene the disposition of ones property to take eect
after death.
7. Contracts
7.1 Sale17
Among the documents that describe the transfer of ownership of
property, sale documents are by far the best represented. They are
styled from the point of view of the buyer (ex latere emptoris); the standard statement explicitly says that the buyer has purchased (mum)
the object in question from the seller for a certain amount and that
he has paid it in full (ana m gamrim).18
7.1.1 Towns with their borderlands and territories frequently constitute the object transferred. Also attested are houses and vineyards.
AT 65, the only sale document concerning a person, actually describes
a self-sale for debts.
7.1.2 The price of land consists of amounts of silver, sometimes
supplemented by quantities of goods and animals. The completion
clause declares that the payment is made (apil ) and that his heart
the sellersis satised (libbau b). There is one example (AT 54)
that testies to the ritual of cutting the neck of a sheep as a symbol of conclusion of the agreement; in another text, (AT 60) the ritual consists of an oil libation.19
7.2 Exchange
Legally speaking, hardly any distinction is made between sale and
exchange. In all cases, the object exchanged is a town, and the rulers
17
18
VII.
19
701
20
These two texts must be connected with the testament AT 6 and the litigation document AT 95, in which reference is made to the hereditary transmission
of royal inheritance shares.
21
See Zeeb, Studien . . . IIII.
702
22
703
B. A L IV
1. Sources of Law
1.1 The sources of this period (which may be called Middle Babylonian or early Late Bronze Age) range from the reign of Idrimi to
that of Ilimilimma, his grandson, thus covering three generations.
The excavations of the royal archives of Level IV have yielded
ve international legal documents and thirty-three domestic legal
texts. The former include two treaties (AT 3, between Idrimi and
Pilliya of Kizzuwatna, and AT 2, between Niqmepa and Irteshub
of Tunip), two records of litigation presided over by the Mittanian
overlord Shaushtatar (AT 13 and AT 14) and one receipt of runaways who ed from Aleppo (AT 101).23
1.2 The domestic legal documents are virtually all royal deeds. The
royal seal is regularly impressed on the upper part of the obverse
of these tablets, and the mention before RN (ana/ina pni RN )
introduces the operative part of over two thirds of the texts. The
kings involved are mainly Niqmepa, Idrimis son, who presides over
almost half the extant transactions, and his son, Ilimilimma.
1.3 The content of these documents is relatively varied. There are
ten contracts of sale, ve of loan (two more with the king as party
and no witnesses), four of surety, four marriage contracts, one deed
of gift, and one adoption. One text concerns the promotion of an
individual to the category of maryannu-ship decreed by the king,
another deals with rights of succession, and a third concerns forfeited property following the execution of the owner. A few are too
fragmentary for classication.
1.4 The schema of these texts follows a regular pattern. The seal
is usually impressed at the head of the tablet.24 The transaction
is always phrased in objective style. The list of witnesses, usually
23
For the interpretation of this text, see Mrquez Rowe Halab in the XVIth
and XVth Centuries BC . . ., 186.
24
King Niqmepa used a dynastic seal, namely the seal of a predecessor named
AbbaAN who may have ruled Aleppo in the course of the sixteenth century; see
Mrquez Rowe, Halab in the XVIth and XVth Centuries BC . . ., 182.
704
including the name of the scribe, ends the text. Unlike their Old
Babylonian counterparts, these documents are not dated, and no
envelopes were used.
1.5 The international documents are of relevance because they contain provisions concerning disputes between ordinary citizens of
Alalakh and those of the treaty partner. They cover matters such as
theft, deposit, and the return of fugitive slaves.
1.6 Apart from legal documents, several administrative records and
a few letters unearthed at Level IV, as well as a letter sent from
Alalakh to Ugarit, where it was discovered (RS 4.449), throw further light on legal practice in early Late Bronze Age Alalakh.
2. Constitutional and Administrative Law
2.1 Organs of Government 25
2.1.1 The King
In this period, Alalakh was a vassal kingdom of Mittani. Nonetheless,
the king of Alalakh seems to have regulated most, if not all, aairs
that concerned his subjects within his own kingdom.
2.1.2 The Administration
The king presides over most of the transactions available to date.
He seems to have been assisted in court by a body of nobles or
maryannus.26
Likewise, the local authorities were composed of the mayor (azannu),
at the head of the city, and a body of ve nobles (damqtu; AT 3)27
or elders (btu; AT 2). In treaties, they appear as being responsible to their own king for returning foreign runaways.
2.1.3 The Courts
Most of the extant legal transactions are before the king. They are
witnessed by a body of nobles who appear not only repeatedly as
witnesses in dierent transactions but also as active participants in
25
See Liverani, La royaut syrienne . . ., Communauts de village et palais
royal . . ., and Communauts rurales . . .
26
See Mrquez Rowe, A Number or a Measure? . . ., 255.
27
Cf. Mrquez Rowe, The Akkadian Word for aristoi?
705
legal matters. The number of witnesses does not seem to have been
systematically xed; as few as three and as many as eleven are
attested. However, four is by far the most common number, which
roughly ts with the number of nobles required to compose local
courts in the cases stipulated in the international treaties.
We have no documents from this period describing disputes between
inhabitants of Alalakh. In one document (AT 17), mention is made
of a crime (arnu) that carried the death penalty of the evildoer (bl
masikti ), in all likelihood decided by King Niqmepa. The text only
mentions the incident without specifying the nature of the crime,
basically because its purpose is to record the accompanying conscation
of the property of the executed criminal by the palace and the ensuing claim of his daughters groom, who asks for the return of what
he had brought into his father-in-laws house, now in the kings possession. The only reference to the functioning of a tribunal comes
from a diplomatic letter (AT 116). The addressor sends to the
addressee (whose name is not well preserved but who must have
been responsible for judicial aairs at Alalakh) his servant together
with his case (di.ku5/dnu), namely, the seizure of his donkeys, so that
the addressee can carefully evaluate the testimony and settle the
aair.
3. Litigation
Although there are no records of litigation, certain clauses in international treaties are of interest in that they allow foreign litigants
access to the Alalakh courts. The rst concerns the ownership of a
man, woman, ox, donkey, or horse.28 The text, unfortunately damaged, states that if the defendant, namely the man in whose possession it was found, can produce the merchant who sold it to him
then he can go free. If he cannot produce the merchant (or possibly other evidence to prove that he acquired it in good faith), then
an oath will be imposed on him.
Another clause in the treaty places the responsibility on the local
authorities to return a fugitive slave to his foreign owner.29 The mayor
and ve elders must swear an oath that the slave is not concealed
28
AT 2:3237. For the most recent treatment of the treaty, see Dietrich-Loretz,
Der Vertrag zwischen Ir-Addu . . .
29
AT 2:2131 and AT 3:3639.
706
in their village. They are liable to punishment if the owner subsequently discovers his slave there.
4. Personal Status
4.1 Citizenship
Only one text, the inter-state record of litigation AT 13, provides
information on citizenship. There a certain Iribhazi claims against
King Niqmepa and before the Mittanian overlord Shaushtatar his
status of what we may tentatively render citizenship of Hanigalbat
(or Mittani) (anigalbattu). This status is opposed to his condition
as servant (or subject) of Niqmepa; the court nally decides in
favor of the latter. It is interesting that the same word, anigalbattu,
is attested once more in a legal document from Tell Brak in a case
presided over by the Mittanian king Tushratta.30 The status of citizenship of Hanigalbat is there granted to the son of a concubine.
To judge from this scarce evidence, it seems reasonable to assume
that the term in question designates the status of a freeborn native
of the Mittanian kingdom (similar to the well-known designation son
of GN in other ancient Near Eastern contexts), which, as shown
by the Tell Brak text could be acquired, presumably through manumission, by non-freeborn people.
4.2 Class
It is dicult to dene the social classes of Alalakh. The extant texts,
mainly the so-called census lists, and the terminology in use, both
varied and ambiguous, do not allow a clear interpretation. Nonetheless,
several scholars tend to divide the population of Alalakh into three
main categories: the maryannu, the eelle, and the nam.31 It should be
noted, however, that other categories, such as the purre, are attested.
What seems easier, in any case, is the distinction between nobles
and non-nobles. To the former, for example, belong without doubt
the maryannus. They enjoyed a rather high political, economic, and
probably also military status; they are attested, as already mentioned,
30
707
as members of the royal court. They engaged in business transactions such as trade and loans and show a special tie to the king himself.32 The king had the power to promote individuals to the maryannu
category, as shown by AT 15. This and other documents (e.g., AT
91) make it clear that this status was transferred by inheritance.
4.3 Gender and Age
4.3.1 To judge from AT 91, women could also belong to the
maryannu class, presumably as transmitted from the head of the household, to whom they always appear subordinate. Women were not
competent to act as witnesses in legal transactions. They did, however, have the capacity to own property as well as to grant it (AT
88). Most of the information concerning the position of women comes
from the marriage documents (see 5.1 below).
4.3.2 As for children, little can be deduced from our material. In
one loan document (AT 48), the debtors children (as well as the
wife) are liable to seizure as pledges if the head of the family, who
temporarily works for the creditor, runs away, disappears, or dies.
A boy (uru) is sold in a sale document (AT 69) and another is
given as security in a suretyship document (AT 89), together with
three women. The age covered by such term(s), however, cannot be
established.
4.4 Slavery33
It is clear from the treaty text AT 2 that a man or a woman could
be treated as an item of property owned by a master, just like an
ox, a donkey, or a horse. Slavery, in this strict sense, is well attested
in early Late Bronze Age Alalakh. The same treaty informs us that
slaves bore foot fetters (kur) and a distinctive mark, a kind of hairstyle (well known from other ancient Near Eastern contexts) called
abbuttu.34 No doubt, this mark was meant to quickly identify a slave
especially in case of ight, although as stated in this very text, it
could simply be shaved o.
32
See Mrquez Rowe, A Number or a Measure? . . ., 254. For a recent review
of the maryannu in the ancient Near East, see Wilhelm, Maryannu . . .
33
See Mendelsohn, On Slavery in Alalakh; Klengel, Zur Sklaverei in Alalah.
34
AT 2:3940.
708
35
709
was probably the home of the groom, consists of six talents of copper and a bronze dagger. The reference to the custom of Aleppo
seems to indicate that the amount of the bride-price was not xed
arbitrarily by the parties but was regulated by custom, which obviously varied from state to state. As indirectly shown by the claim in
AT 17, the bride-price was kept by the brides father. The Aleppan
groom in AT 17 ultimately refused to marry his bride, justied by
the execution of her father; the bride-price accordingly reverted to
him.
5.1.2 In AT 91 the text explicitly declares that the groom has married the bride (lit., he took her as his wife, ana aatiu uz). The
provisions on divorce in AT 92 and possibly also in the fragmentary document AT 94, reveal that the bride or wife is residing in
her husbands household.
5.1.3 These divorce provisions contain the only reference to the
dowry,38 which is described as all that was assigned to her belonging to her fathers house or all that was assigned to her belonging to her fathers house which was brought in. They indicate that
the father of the bride could add the bride-price he had received to
the dowrya custom well known from other periods. The language
of the provisions, namely, she held back (ikla) or she will return
(utr) the bride-price, and she will take (ileqqe) the dowry upon
divorce, as well as the feminine possessive suxes referring to the
dowry, suggests that ownership of both dowry and bride-price was
retained by the wife.39 This is further suggested in AT 92 by the
reference to both bride-price and dowry in the clause regulating
inheritance of the wifes property after her death.
5.1.4 We have already seen that the groom could refuse to marry
his bride, justied by the particular situation described in AT 17,
and could thus get the bride-price back. Once the marriage was concluded, it could also be dissolved at the initiative of either party,
husband or wife (provided, of course, the Hurro-Akkadian language
38
710
40
41
711
5.3 Adoption
The only adoption document (AT 16) is also quite unique in that
the declaration of the creation of the legal relation between father
and son is formulated from the point of view of the son: he took
PN as his father.42 This formulation may actually disclose, quite
openly, the purpose and nature of the contract, namely the acquisition of real property by the son through inheritance (a wellknown strategy of adoption at Nuzi), which may in turn be supported
by the identity of the adoptive son, the noble Ilimilimma.
Another kind of adoption, matrimonial adoption, may be implied
by the marriage contract AT 91 where mention is made of the status of daughter and daughter-in-lawship of the household.
Dissolution of adoption is provided in AT 16. The motive for
breaking the new legal relation is in the case of the son the failure
to fulll his duty of support and in the case of the father maltreatment
of his son in some way.43 The penalty in either case is loss of the
property in question, supporting the view that this is a sale-adoption
on the Nuzi model.
6. Property and Inheritance
6.1 Tenure
Two documents describe transfer of real estate. AT 88 is a deed of
gift from one lady to another; the property conveyed consists of two
plots of land of equal extension, a vineyard, and an olive grove. In
AT 87, two other plots, also a vineyard and an olive grove of exactly
the same dimensions, are granted (mortis causa?) by the husband to
his wife.
As to the composition of the estate belonging to a head of the
family, AT 87 includes a house, elds, vineyards, and olive groves.
In a loan document (AT 49), the estate of the borrower which is
liable to seizure by the creditor is described as consisting of eld,
house, and vineyard.
AT 17, discussed above, attests to the conscation of property by
the palace following the execution of its owner.
42
712
6.2 Inheritance
6.2.1 On the death of the father, his heirs divided the paternal
estate. The father could, however, allocate the shares by deed in his
lifetime. In AT 87, for example, the father acknowledges a person
as one of his sons with regard to his estate, presumably meaning
that he established his share of inheritance. The text goes on to list
the members of his family and their status, thus dening their entitlement to the inheritance. The recently incorporated son, for instance,
is listed as the third son. The rst-born was entitled to a preferential
share (but he need not be the eldest son, as shown by the marriage
contracts AT 92 and AT 94).
6.2.2 AT 87 also lists among the heirs of the family the elder
daughter-in-law. Indeed, the marriage documents attest to the fact
that daughters or daughters-in-law could also receive a share of the
estate of the head of the family, namely through dowry. A broken
passage in AT 92 concerning inheritance of the wifes estate makes
as a condition there being no son and no daughter. This suggests
a right of inheritance in daughters, perhaps in the absence of sons.
7. Contracts
7.1 Sale44
Records of sale constitute by far the largest group of legal texts so
far discovered in Level IV of Alalakh. They are usually styled ex
latere emptoris: the buyer receives (leq) the object sold from the seller
for a certain sum of silver or copper. (In AT 72, it also includes a
quantity of emmer.) In one text, however, the description is drawn
up from the point of view of the seller: he gives (nadnu) for a certain amount of copper (AT 75).
It is signicant that only movables are sold in Alalakh. It is possible that, as at Nuzi, land could not be sold. (This would explain
the recourse to the adoption strategy in AT 16.) Seven documents
are sales of persons, and two (or three, if we include the broken
tablet AT 73) are sales of oxen.
The buyers in these contracts are well-known members of the
nobility. (Note that in AT 71 it is King Idrimi himself.) On several
44
713
45
714
47
715
7.4 Suretyship51
In the above two documents, members of the debtors family and/or
his landed property could be seized as security, if the debtor died
or absented himself. The term used is surety (qttu/u.du8.a).52
There are four documents that describe surety transactions proper,
using the expression A became surety (lit., entered as surety, ana
qtti erbu) to B on behalf of C. In AT 82 and AT 83, the surety
(A) is constituted by three or ve (the text is not consistent) and
three people, respectively. On the other hand, no reference is made
(or preserved; note that the end of AT 84 and AT 85 is broken o )
to the obligation that lies behind the contract, that is, between debtor
(C) and creditor (B).
8. Crime and Delict
8.1 Theft
Several provisions concerning theft are dealt with in the treaty between
Niqmepa and Irteshub. Despite the international character of the
text (note, e.g., the stipulation If a thief (arrqu) from your country commits theft (vb. arqu) in my country, in ll. 47f.), cases and
penalties involved must reect the rules and practice at Alalakh. The
above-mentioned provision refers to the seizure of thieves and imprisonment; one administrative text (AT 228) also records the arrest of
several stu people accused of theft (ana arraqti ).
The same treaty regards as thieves the mayor and the ve elders
who take a false oath and keep a runaway slave in their town. Two
penalties are imposed: cutting o the hands and a ne of six thousand shekels of copper to be paid to the palace. Of course, we do
not know whether that was the general treatment of thieves; the fact
that it is expressly described only for this provision might actually
suggest the contrary.
People who could not prove their legal ownership of claimed property and who refused to take an oath were also regarded as thieves.
And the same holds for people who would sell state booty abroad.
In this case, the treaty provides for the arrest and extradition of
the oender and no information is given as to the corresponding
punishment.
51
716
8.2 Punishment
AT 17 (discussed in 5.1.1 above) records the conscation of property of a criminal (bl masikti ) who was put to death because of his
crime (arnu). Unfortunately, the text does not give us any clue as to
its nature, although some kind of political crime, perhaps treason,
seems most likely. In this regard, it is possible that a broken passage of the treaty text AT 2 contained a provision on political conspiracy also associated with the death penalty. It seems clear that
execution was supervised by the king.
Another kind of punishment consisted in being placed in prison
(bt kili in AT 48, discussed in 4.3.2, 7.3.2, and 7.3.5 above) or in
the workhouse (bt nupri ), an institution which is also known at
Nuzi. Unfortunately, our text (AT 90) only records the nal connement of two men and does not refer to the grounds for the penalty.
B
Ben-Barak, Z. Inheritance by Daughters in the Ancient Near East, JCS 25 (1980)
2233.
Bunnens, G. Pouvoirs locaux et pouvoirs dissidents en Syrie au IIe millnaire avant
notre re. In Les pouvoirs locaux en Msopotamie et dans les rgions adjacentes, ed.
A. Finet. Bruxelles, 1982, 11837.
Charpin, D. Les dcrets royaux lpoque palo-babylonienne: A propos dun
ouvrage rcent, AfO 36 (1987) 3644.
Collon, D. The Seal Impressions from Tell Atchana/Alalakh. AOAT 27. Kevelaer: Butzon
and Bercker, 1975.
Dietrich, M., and O. Loretz. Der Vertrag zwischen Ir-Addu von Tunip und
Niqmepa von Muki. In Crossing Boundaries and Linking Horizons. Studies in Honor
of Michael C. Astour on His 80th Birthday, ed. G.D. Young et al. Bethesda, Md.:
CDL Press, 1997, 21142.
Durand, J.-M. Compte rendu of D. Arnaud, Recherches au Pays dAtata . . ., RA 84
(1990) 4985.
Eichler, B. Indenture at Nuzi. YNER 5. New Haven: Yale University Press, 1973.
Gal, E. Alalahian Miscellanies I, Annales Universitatis Scientiarum Budapestinensis de
Rolando Ets nominatae. Sec. classica t. 7 (1979) 713.
. The Social Structure of Alalah. In Society and Economy in the Eastern Mediterranean
(c. 15001000 B.C.), ed. M. Heltzer and E. Lipinski. OLA 23. Leuven: Peeters,
1988, 99110.
Hess, R. A Preliminary List of the Published Alalakh Texts, UF 20 (1988) 6987.
Hoftijzer, J., and W. van Soldt. Texts from Ugarit concerning Security and Related
Akkadian and West Semitic Material, UF 23 (1991) 189216.
Illingworth, N. Inscriptions from Tell Brak 1986, Iraq 50 (1988) 87108.
Kienast, B. Die altbabylonischen Kaufurkunden aus Alalah, WO 11 (1980) 3563.
. Kauf E. In Alalah und Ugarit, RA 5 (1980) 53041.
Klengel, H. Zur Sklaverei in Alalah, Acta Antiqua Academiae Scientiarum Hungaricae
11 (1963) 115.
. Die Palastwirtschaft in Alalah. In State and Temple Economy in the Ancient Near
East, ed. E. Lipinski. OLA 6/2. Leuven: Peeters, 1979, 43557.
717
719
UGARIT
Ignacio Mrquez Rowe
Ugarit, modern Ras Shamra, lies about twenty-ve miles south of
the mouth of the Orontes and seven miles north of Latakia on the
Mediterranean coast. It was the ourishing capital of a North Syrian
kingdom that extended about 770 square miles in the second half
of the second millennium. Excavations began in 1929 by a French
Mission under the direction of C.F.-A. Schaeer and are still continuing today. The ruins, which include a large palace, two temples
and many private houses, have brought to light about three thousand cuneiform tablets dating from the second half of the fourteenth
century down to the destruction of Ugarit around the beginning of
the twelfth century.
1. S L
The extant corpus of legal texts1 consists of two basic types: domestic documents (over 250 texts and fragments) and international documents, such as treaties and edicts (about 100 texts and fragments).
All but a few are in Akkadian. (About ten are in Ugaritic and one
is in Hittite.)
Over two thirds of the domestic legal texts are royal deeds and
were found in the royal palace archives. The dynastic seal is regularly impressed at the top of the obverse of these tablets, and the
kings name is mentioned either as presiding over or as main party
of the transaction. Seven successive kings are attested, namely from
Niqmaddu II down to 'Ammurapi, although documents from 'Ammitamru II constitute by far the largest group. The transaction is phrased
in objective style, and as a rule no witnesses (except sometimes for
See Mrquez Rowe, The Legal Texts from Ugarit, with reference to publication and principal studies.
720
the scribe) are mentioned; the presence of the king presumably made
it unnecessary. Legal documents are not dated and no envelopes
were used. As for their contents, the great majority deals with the
law of property.
The non-royal legal texts are mainly found at private houses. Each
of these archives contains no more than ten documents. The physical characteristics and schema of the text are almost the same as
the royal deeds. The basic dierence is the absence of the king and
the presence of a list of witnesses, the latter usually closing the document. Private documents deal with the law of property but more
especially with the law of persons.
The international documents are of relevance because they contain provisions concerning the rights of the citizens of Ugarit. They
include, for example, cases of debt, theft, and murder.
Apart from legal documents, administrative records and letters also
provide much information of legal interest.
2. C A L
2.1 Organs of Government
2.1.1 The King
In this period, Ugarit was a vassal kingdom of the Hittite emperor.
Nevertheless, the hereditary kings of Ugarit were rulers and supreme
judges of their country. Theirs was the responsibility, for example,
for taking the necessary steps against delicts and crimes committed
by their subjects, such as the forgery of internal documents (RS
16.249) or the murder and robbery of foreign travelers.
2.1.2 The Legislature
It has been suggested that the law of land grants in Ugarit is an
application of the Hittite law code.2 This vertical relationship can
also be seen in another legislative act. It is, in fact, the king of
Ugarit, Niqmepa, who, as lord of his land and people, makes his
overlord, Hattusili III, issue an order to forbid the men of Ura to
acquire real estate in Ugarit (RS 17.130 and dupl.).
721
722
723
10
11
12
724
4.2 Class
Among free persons, it is possible to discern a higher class constituted by nobles such as the maryannus or the mds of the king and
queen. As the latter designations make clear, some of these categories (associated with the corresponding pilku services) belonged to
the royal entourage. The king could promote individuals from one
category to the other (cf., e.g., RS 16.348).
4.3 Gender
Women as citizens (cf. the designation daughter of Ugarit in RS
16.191+ = KTU 3.4:11) enjoyed the same basic rights and obligations as men.13 They appeared in court as litigants, owned land and
had rights of inheritance, being liable to service, and were debtors
and parties to contracts of sale or exchange. They do not, however,
seem to have had access to public oce.
4.4 Slavery
The term for slave (Akk. ardu, Sum. r, and Ug. 'abdu) can be used
in our texts in the sense of subject and thus can sometimes designate free persons.
Slaves, in the strict sense, both male (ardu/r) and female (amtu/gme),
are well attested in our Ugarit corpus. They appear listed as items
of property along with oxen, sheep, goats, and immovables (e.g.,
RS 8.145, RS 15.120). As such, they could be sold (e.g., RS 11.856,
RS 8.303), given away (RS 18.21), or bequeathed (e.g., RS 8.145, RS
16.148+). A female slave could be married to a free citizen (e.g.,
RS 16.250).
A free person could be sold into slavery. This was the case of
debtors who could not repay their debts. For example, a family
group of seven people ransomed from the Berutians become the ransomers slaves until they can repay the amount of the ransom (RS
16.191+ = KTU 3.4).14 On the other hand, in one suretyship contract, the creditor is allowed to sell the sureties to the Egyptians
16.132, and 16.157. See Astour, Les trangers Ugarit . . ., and Vargyas, Immigration into Ugarit . . .
13
Cf. Klma, Die Stellung der ugaritischen Frau . . .
14
Cf. Yaron, A Document of Redemption . . .
725
726
(i.e., the brides) gift that was given by her husband. After the death
of her husband, the wife could take the teratu with her if she had
to leave the matrimonial home (RS 15.92 and RS 16.200). In another
text (RS 16.141), the daughter-in-law (a kings relative?) would also
leave together with her bride-price if she were to refuse to complete
the marriage. In both cases it seems to be self-evident that she also
took her dowry.
The (silver of the) teratu (in RS 15.92, it consists of 80 shekels)
could be used as an exchange commodity to acquire real estate (her
fathers house, in RS 16.158).17
Marriage could be polygamous. In RS 94.2168, three categories
of wives are attested for 'Abdimilku: slaves (amht), rdt (perhaps concubines), and a noblewoman, namely the kings daughter.18 Marriage
with a female slave is also attested in RS 16.250. As already mentioned, female slaves were sometimes manumitted by their master
before being given in marriage (cf., e.g., RS 8.303).
Evidence of domestic divorce only comes from a reference in
RS 16.143, in which a noble states that the mother of one of his
sons took everything (of hers, i.e., silver and chattels) and left. On
the other hand, two dynastic divorces are attested, namely the one
between king 'Ammitamru II and the Amurrite princess, and the
one between another king of Ugarit (Ammurapi or Niqmaddu III)
and the Hittite princess. Despite their obvious international and diplomatic aspects, in legal terms they display hardly any dierence from
a private divorce. In the former case, the reason for divorce is adultery.19 As a result, as stated in RS 17.159, the king divorced her
(tezibi ). The divorced queen then could take the dowry with her,
namely everything that she had brought into his house (ll. 1216).
A provision is made that, should the husband contest anything
belonging to her dowry, the sons of Amurru shall take an oath, so
that he will reimburse them in full (ll. 1821). According now to
another text of the same dossier (RS 17.396), all possessions the
17
Zaccagnini has suggested that this contract be interpreted as a counter-dowry
payment typical of the Nuzi documents (On Late Bronze Age Marriages, 599f.).
18
I wish to express my sincere thanks to Pierre Bordreuil and Dennis Pardee,
epigraphers of the Mission de Ras Shamra, who kindly made available to me their
transliteration and copy of this unpublished Ugaritic text.
19
See, most recently, Mrquez Rowe, The King of Ugarit, His Wife . . ., in
which the full dossier is studied.
727
20
728
household. The adopter was not necessarily without sons (RS 29.100),
or he could envisage such a possibility (RS 17.21/33), in which case
stipulations concerning inheritance rights were included.
5.3.2 Adoption could be terminated on the initiative of either adopter
or adoptee. In the former case, the adopted son would leave with
a sum of silver (100 shekels in RS 15.92) handed over by the adoptive father; in the latter, with empty hands. (Note the symbolic expression he will wash his hands and leave in RS 15.92.)26 Upon the
death of the adoptive father, the adoptee could repudiate his adoptive mother, in which case she would take her marital property and
leave the matrimonial home (cf. 5.1 above).
Examples of special or ctional adoption are also attested. In RS
16.295, it masks a gift or an otherwise irregular succession (the
donor/adopter is the adopted sons maternal grandfather) and, in
RS 16.200, an estate sale (the adopted son is said to acquire the
adoptive mothers estate after contributing 500 shekels of silver to
the household).
5.3.3 The example of a gift ana kallti in RS 16.141 is not conclusive for the existence of matrimonial adoption.27
5.3.4 Adoption in brotherhood (ana ati ) is attested in three documents.28 In one (RS 21.230), the adoption is said to be ina mrti
ammati (see 5.3.1 above). But it is clear from the content that we are
dealing here with a contract of undivided ownership29 in which both
parties, the adopting sister and the adopted brother, enjoy equal status (there is no elder and no younger among them both).30 The
adopted brother brought with him a large quantity of goods to the
adopters household.
5.3.5 As in adoption in sonship, dissolution could be the unilateral
act of either party. If the adoptive brother or sister dissolved the
26
729
adoption, the adoptee would receive a certain amount of silver, presumably his own contribution to the household (cf. RS 25.134) and
his share of common property (RS 21.230; cf. also RS 25.134) from
the adopter and leave. If it was the adoptees initiative, he would
leave only with his contribution (RS 25.134).31
6. P I
6.1 Tenure
Conveyances of landed property are by far the best documented.
Royal land grants, for example, constitute about one third of the
domestic legal evidence. These personal landholdings from the palace
are basically described as house and elds but often also include
olive groves and vineyards, typical of this Mediterranean area, as
well as agricultural estates (Sumerogram [.]an.za.gr; Ug. gt).
This tenure was linked to the performance of (or exemption from)
certain taxes and services (cf. pilku service above).
6.2 Inheritance 32
6.2.1 On the death of the head of the household, his legitimate
son(s) (either natural or adopted) would inherit the paternal estate
(viz. the house of the father) as well as the obligations or service
associated therewith. If a legitimate son had predeceased his father
but had legitimate sons of his own, the latter would be entitled to
his share. This sequence is evidenced by the usual phrase and to
his (i.e., the alienees) sons, sometimes followed by and the sons
of his sons in deeds of conveyance, referring to the transfer of property and services.
6.2.2 The eldest son was entitled to an additional share in the
inheritance of the paternal estate (see, e.g., RS 17.36 and RS 17.38,
and cf. the explicit equal-status clause in the adoption in brother-
31
Note the symbolic expression of uncertain meaning, he will hold his ears,
in RS 16.344 (see Yaron, Varia on Adoption, 182f., and Malul, Legal Symbolism . . .,
100.).
32
See Boyer, La place des textes dUgarit . . ., 304f.; Klma, Untersuchungen
zum ugaritischen Erbrecht.
730
33
Cf. Mendelsohn, On the Preferential Status . . ., 39; Klma, Sulla diseredazione . . .; and Greeneld, Care for the Elderly . . ., 312. With regard to
the duties that a son was expected to fulll in his future responsibility as head of
the household, one should mention the passage from the Epic of Aqhatu, KTU
1.17 i 2633 et par. (cf. van der Toorn, Family Religion . . ., 154f.).
34
See Boyer, La place des textes dUgarit . . ., 305.
731
her together with him, preferring her over their two sons (who actually had the right of succession). In another text (RS 16.250), the
husband provides that his wife is to be the owner of the house over
her son. These were means designed by the husband to protect the
otherwise secondary status of the widow, clearly evidenced in adoption contracts (see 5.3.2 above). On the other hand, the widower in
RS 16.267 is said to have full rights over the property of his wife.
6.2.7 If a man died without legitimate descendants,35 the estate
would pass (often by the act of the king) to the nearest relative. In
RS 15.89, the property passes to the paternal niece; in RS 16.242,
to the paternal nephew; and in RS 16.295, from maternal grandfather to grandson, with subsequent adoption (see 5.3.2 above).
7. C
7.1 Gift
Royal grants of real estate are by far the largest group of texts. The
transfer of ownership is expressed, as in other deeds of conveyance,
by the verb to give (nadnu) or, more commonly, by the hendiadys to take and give (na-nadnu). The property is very briey
described, by the name of the former owner and sometimes its geographical location, but no measurements or boundaries are given.
In a few examples, the gift consists of towns (e.g., RS 15.114) and/or
their taxes (e.g., RS 16.153).
In some cases where the king is the donor, he receives a countergift (kubbudtu), namely an amount of silver or gold, from the other
party (suggesting that these acts could be interpreted as sales). More
often than not, gifts are explicitly heritable, as are also the rights
and duties of the recipient with regard to the property (i.e., pilku
service).36
As for non-royal gifts, women appear relatively regularly as recipients: from the husband (e.g., RS 16.253) or from the father-in-law
35
Possibly designated by the term nayylu (cf. Nougayrol, Textes de RasShamra . . ., 185, who preferred later the generally accepted interpretation of dfaillant in PRU 3, p. 29).
36
See Mrquez Rowe, Royal Land Grants . . .
732
(RS 15.85), perhaps as a means to compensate them for their secondary status in intestate succession.
7.2 Sale 37
7.2.1 Sale documents can be styled either ex latere venditoris, using
the expression to give for silver or also often to release for silver ( paru ina kaspi ), or ex latere emptoris, expressed by the phrase
to receive for silver (leq ina kaspi ). Where land is concerned, surface measurements are sometimes given. Most of them belong to the
category of royal deeds (in which the king presides over the transaction), and they accordingly have the same format as gifts (e.g., the
legal rights and duties of the transferee). Indeed, the king may also
appear as transferring the property after the transaction between the
two parties has been completed (see 2.2.2 above).
7.2.2 In some cases, the sale actually deals with the practice of
redemption. This repurchase is expressed by the phrase to redeem
for money ( paru ina kaspi, e.g., RS 8.213bis). It has been suggested
that the verb amd/tu (often rendered by the logogram m.til.la,
lit. in full payment), used in sale documents to denote denitive
transfer of the property to the buyer, means precisely denitive alienation of the propertythat it is no longer redeemable.38
7.2.3 The few examples of sale of movables concern sales of persons (cf. the international sale of a horse in RS 16.180). Redemption
of people from foreign hands, probably enslaved for debts, is also
attested (e.g., RS 16.191+ = KTU 3.4).
7.3 Exchange
Exchange documents can be formulated as mutual conveyances (ex
latere alienatoris, with the verb to give) or acquisitions (ex latere emptoris, with the verb to receive in RS 16.158). The nature of the
transaction can also be recorded at the beginning of the text with
the expression to make an exchange ( pata epu, e.g., RS 16.140;
cf. the Hurrian version pugar in RS 15.86).
37
38
733
All of the documents are royal deeds and concern real estate, so
that we nd again the same clauses of guarantee and service attested
in royal gifts and sales. (Note in RS 16.158 the transfer of a brideprice in exchange (km) for the paternal house.) As in sale documents, the king sometimes appears as denitively transferring ownership in the property to the new holders. One should nally note
here that recipients of royal grants are often found as contracting
parties to royal sales and barters.
7.4 Suretyship39
Seven records are concerned with suretyship. The sureties (Ug. 'rbnm
in RS 15.128 = KTU 3.3, spelled l.me -ru-ba-nu in RS 16.287)
are said to undertake to be answerable for the obligation (presumably a debt) of another. (The verbal expression in Ug. is 'rb b, and
in Akk. qtti abtu.) Only in one text is there mention of the loan
and the creditor (RS 16.287); in the others, it is reasonable to assume
that the king was the creditor.40 As for the sureties, they appear to
be related either by family or place of origin with the debtors, thus
showing the principle of collective responsibility present in this kind
of contracts.
The usual contingency provided for is the ight of the debtor(s)
to a foreign country, in which case the surety (or sureties) is liable
to pay a sum of silver. Note that in one case (RS 19.66 = KTU
3.8), the sureties are also liable to be sold into Egypt (cf. 7.2.3 above:
redemption of people from abroad).
8. C D
Both Akkadian terms designating crime or delict, arnu and u,
are attested in our sources. The former appears only once in the
expression bl arni, criminal, to qualify the man whose estate the
39
734
735
737
CANAAN
Ignacio Mrquez Rowe
S L
To date, the whole of the second millennium is represented by two
isolated legal texts found at two Canaanite sites, Hazor and Shechem.
Of these, the latter preserves no more than the names of some witnesses to a lost transaction.1 The two documents belong to the end
of the Middle Bronze Age or, in other words, to the late Old
Babylonian period. The number of Old Babylonian inscriptions found
in the region is altogether very small.
Evidence from the Late Bronze Age consists almost exclusively of
letters. In Canaan proper, only a handful of texts have been discovered. To these belong the few Akkadian letters unearthed at
Taanach dating to the middle of the fteenth century and at Kmid
el-Lz dating to the following century. The latter are related to the
undoubtedly more important collection of Akkadian letters from
Canaan, namely those found at Akhetaten, modern Amarna, the
capital of ancient Egypt founded by Amenophis IV/Akhenaten.
These texts or groups of texts will be dealt with separately according
to their historical context. The Hazor tablet will be treated individually.
T H T2
The tablet found out of context at Hazor is not fully preserved and
records in Akkadian a dispute between three men and a woman. The
document is not sealed; the text is phrased in objective style and in
the past. The editors of the text observed certain anities with the
Old Babylonian litigation documents from Alalakh. Indeed, the structure and vocabulary are similar. First, the claim and subject matter
1
Bhl, Keilschrifttafeln, 322. A similar fragment is also all the legal material we have from neighboring Qatna; see Virolleaud, Lancienne Qatna, 293f.
2
Hallo and Tadmor, A Lawsuit from Hazor.
738
739
of justice. Beneath them were the native local rulers, more often
called mayors (azannu), who as representatives of their own vassal
city states were responsible of those same obligations, especially paying tribute and taxes, and also, for example, for supplying provisions
for Egyptian troops passing through their territory. Mayors also had
to be appointed or ocially recognized by the pharaoh.
The Courts
Two dierent courts are mentioned in the Amarna correspondence.
One was the pharaoh himself who constituted the highest court. He
only appears as judge in cases of high crimes or treason by vassals,
such as those allegedly committed by the rulers of Amurru. The
pharaoh would summon the accused vassal to his presence to answer
the accusations. In case of refusal (cf. the ultimatum in EA 162), he
could send a task force to seize the oender. Such crimes carried
the death penalty, and in all likelihood execution was within the
exclusive competence of the king.
If the litigation did not concern grave capital oenses, then the
pharaoh would dispatch one (or more) ocial or governor (rbiu)
to decide in situ on his behalf. That is, for example, what Rib-Hadda
of Byblos, as a party to a dispute, requests from his lord (EA 116:30,
118:15, and perhaps also 117:66).
Functions
Compulsory Service
Aside from the obligations mentioned above, vassals were required to
provide their overlord with certain special services. Local rulers furnished personnel to carry out works for the pharaoh, such as cultivating
his lands (e.g., in EA 365, in which the term spelled l.me ma-ass.me is generally translated corve workers),6 or to serve (cf. the
locally coined verb ardu < ardu) in other military duties, such as protecting or guarding places and caravans or joining the pharaohs troops.
Petitions
The Amarna letters contain without doubt the longest and most
repeated set of petitions from a subject to his lord known to us from
6
See Mendelsohn, On Corve Labor . . ., 32f.; Rainey, Compulsory Labor
Gangs . . ., 194f.
740
741
See the interpretation of Na"aman, Looking for the Pharaohs Judgment, 15057.
Note in EA 108 and EA 109 the expression nadnu ina luqi used for the sale
of soldiers, tentatively translated by Moran as to sell into captivity.
9
742
price (kasap iperi ) seems to be xed at fty shekels per person (cf.,
e.g., EA 109 and EA 114), although other prices are attested (e.g.,
30 shekels and the abusive, and accordingly protested, 100 shekels
in EA 292).
Pledge10
In EA 270, Yanhamu, one of the Egyptian governors, demands from
Milkilu, ruler of Gezer, his wife and children as pledges for a debt
of two thousand shekels of silver. Under the famine conditions provoked by war, the distressed heads of household among the population had to sell their children into servitude, called our sureties
(qttnu) by Rib-Hadda in EA 74 (following Liveranis restoration
qa-<ta>-t-nu), as well as their household furnishings.
With regard to pledge, mention should be made of one of the
gurative expressions found in the Amarna vassal correspondence,
namely like a cauldron (held) in pledge, or literally like a cauldron of debt (ubulli ). The expression occurs in two letters from
Gezer (EA 292 and EA 297) and is obviously meant to illustrate the
distressing conditions endured by the ruler and his population.
Hire
EA 112:4347 relates how Rib-Hadda paid thirteen shekels of silver and a pair of cloaks as the hire (agrtu) of one 'Apiru man to
bring his tablet to umur. Apparently, the hire of a man to send
messages was a common practice (see ll. 52.).
Crime and Delict
The word for crime, arnu, which is often found in the Amarna
vassal correspondence without further qualication, seems in this context to refer to political treason.
In all likelihood, political treason was punished by death (see, e.g.,
the clear rhetorical question of Rib-Hadda to his lord in EA 85:14
discussed above). This seems to have been the fate of the rebel AbdiAshirta of Amurru, after the pharaoh had sent his troops to seize
him.11 And, indeed, this seems to be the fear of Aziru (and the rea10
11
743
B
Bhl, F.M.Th. Die bei den Ausgrabungen von Sichem gefundenen Keilschrifttafeln,
Zeitschrift des Deutschen Palstina-Vereins 49 (1926) 32127.
Hallo, W., and H. Tadmor, A Lawsuit from Hazor, IEJ 27 (1977) 111.
Hrozny, F. Keilschrifttexte aus Ta"annek. In E. Sellin, Tell Ta"annek. Vienna:
C. Gerolds Sohn, 1904, 11322.
Liverani, M. The Wife of Milki-ilu and Other Pledges, N.A.B.U. 1997/130.
Mendelsohn, I. On Corve Labor in Ancient Canaan and Israel, BASOR 167
(1962) 3135.
Moran, W.L. The Amarna Letters. Baltimore: Johns Hopkins University Press, 1992.
Na"aman, N. Pharaonic Lands in the Jezreel Valley in the Late Bronze Age. In
Society and Economy in the Eastern Mediterranean (c. 15001000 B.C.), ed. M. Heltzer
and E. Lipiski. OLA 23. Leuven 1988, 17785.
. Praises to the Pharaoh in Response to His Plans for a Campaign to Canaan.
In Lingering over Words. Studies in Ancient Near Eastern Literature in Honor of William
L. Moran, ed. T. Abusch, et al. Atlanta: Scholars Press, 1990, 397405.
. Looking for the Pharaohs Judgment, RA 90 (1996) 14559.
Rainey, A. Compulsory Labour Gangs in Ancient Israel, IEJ 20 (1970) 191202.
Virolleaud, Ch. Lancienne Qatna, Syria 8 (1927) 29394.
12
Note that in EA 367, the pharaoh explicitly states that his planned military
expedition against Canaan is meant to cut o the heads of the enemies of the king.
745
INTERNATIONAL LAW
For Mari, see the series Archives Royales de Mari (ARM); for Rimah, see
Dalley et al., Tell al Rimah . . .; for Leilan, see the publications of Eidem below.
2
Biga, Rapporti diplomatici . . .
3
See Bonechi, Relations . . .
4
Eidem and Hjlund, Assyria and Dilmun . . .
746
centers were fewer and smaller than in the lowland, and political
formations devolved primarily on ethno-linguistic divisions and their
aristocratic elites.5 On a contemporaneous level, a peculiar situation
obtained in lowland Mesopotamia and Syria, where an as yet poorly
understood process of conquest had introduced Amorite dynasties in
most city states. The newcomers belonged to dierent ethnic groups,
often referred to as tribes in the modern literature, and these divisions clearly had some inuence on international alliances and conicts.6
Similarly, the Amorites may have introduced particular standards
and procedures in international relations, like the much-discussed rituals attending conclusion of treaties (see 3.2 below). It must be
stressed, however, that the impact of these contemporaneous inuences
vis--vis traditional standards is dicult to dene, due to the uneven
nature of our documentation.
2.3
Although the power of Mesopotamian kings was balanced in varying degrees by local elites, assemblies, and public opinion, the kings
were usually the main agents in international relations, and for purposes of this brief survey we must treat them as supreme agents of
their states. Relations between rulers were described with kinship
terms. Thus, the most important kings were fathers in relation to
their vassal sons and addressed each other as brothers. The
sources provide interesting examples of how political changes were
paralleled on this level and could give rise to erce disputes.7 In the
early eighteenth century, the most powerful states were those centered on Halab (Aleppo), Qatna (Tell Meshrife), Mari, Babylon,
Eshnunna (Tell Asmar), and Ekallatum (near Assur). The kings of
these states would have a large following of vassal kings, bound to
them by treaty. The major powers could form alliances, and vassals
could contract alliances with other kingdoms and their own vassals,
provided that the agreement did not run counter to stipulations in
their treaty of vassalage. Treaties were concluded both as general
alliances and for distinct ad hoc purposes. General alliances were
often armed by establishment of anal kinship ties in the shape
of royal marriages, the more powerful king normally assuming the
5
6
7
747
role of bride-giver. Thus two successive kings of Mari married daughters of the kings of Qatna and Halab, respectively, while Zimri-Lim
of Mari married o a nestful of daughters to his vassals in northern
Syria.8 More specic treaties could be concluded to establish peace,
settle border disputes, or regulate grazing rights. A particular type of
international agreement could be concluded to regulate long-distance
trade (see 3.5 below).
A king would then, at any given moment, be bound by a whole
set of formal non-domestic obligations.9 Given the hectic political
milieu with rapidly changing alliances and brisk succession of kings
in many of the city states, it follows that such obligations were violated
from time to time. To what extent the threat of human retribution
or the divine sanctions invoked when formal agreements were concluded
would deter would-be violators depended on circumstances and on
individual integrity and temperament. No independent human agency
monitored such matters, but inveterate turncoats would obviously risk
severe and universal censure. A particularly infamous example is provided by King Jashub-Addu of Ahazum (in northeastern Iraq), who
changed sides ve times within three years: he was described as a
mental case and a man who concludes alliances as if in his sleep.10
3. T
3.1
Procedure
748
3.3
This was used when practical circumstances prevented summits like the
one described above, or in the case of more restricted or condential
agreements. In particular, it was used by the major powers, whose
kings rarely met face to face, due to accompanying problems of etiquette and security.12 In general, this procedure involved the same
structural elements as the standard procedure. The kings would
exchange divine symbols and send envoys to act as their representatives.
Instead of the ritual slaughter of a sacricial animal, a ceremony
12
749
referred to as touching the throat (napitam laptum) had to be performed by each king. This ceremony has hitherto been understood
as a purely symbolic gesture of pledge but new evidence from Tell
Leilan shows that actual blood samples of kings could be transported
and exchanged and, most likely, played a role in the ceremony.13
3.4
Terms
The important activities of Assyrian merchant rms trading with Anatolian kingdoms occasioned the city of Assur to conclude treaties with
these kingdoms, specifying mutual obligations, including the taris
and tolls applying to imported goods, and security for the traders.
Evidence for this is found in Old Assyrian letters and now also in
two examples of treaty texts, from Kanesh itself, and from Leilan.17
13
750
3.6
Citizenship
18
19
751
egories of people in the sources, mention may also be made of emigrants (bir) and professional mercenaries (abbtum).20
4.2 Embassies and envoys traveled constantly between the major and
minor courts of the time, and such regular diplomatic contact was
an important component in international relations.21 Often the envoy
(mr iprim) was not a mere messenger but a real ambassador or
plenipotentiary who had negotiating powers. He usually carried
rich gifts and was often accompanied by an armed escort. Envoys
needed permission to proceed when passing border points in transit. Arriving at their destination, they would present themselves at
the palace, receive quarters in a special area (the bt naparim), and
be supplied with all their material needs. Accorded a formal interview with the king, gifts would be exchanged and the message delivered, read aloud from the letter(s) brought. Envoys would be invited
to royal banquets, and be accorded honorary seats (among the
wib kussm). Where dicult matters were at issue, interviews could
be multi-staged, and several sources provide examples of animated
or stormy negotiations. Varying levels of courtesy or hospitality oered
to envoys could create scandalous incidents and complaints. Allowed
to depart with a brief from his host, the envoy would be accompanied by a guide (the lik idim), who was to travel with him back to
his capital and witness the correct delivery of his message. Our
sources are full of incidents where envoys also engage in secret or
spying activities. During times of trouble, envoys might not be able
to move freely, and kings might avail themselves of merchants, who
enjoyed rights of neutrality, to carry messages and collect information.22
4.3 The lingua franca of the period, Akkadian, was understood
and used in the whole region, by members of many ethno-linguistic
groups. Warfare was endemic, and accompanied by harsh measures
and the enslavement of captives, if not ransomed. Mistrust and treason were rampant, but at the same time, the traditions and standards of international conduct were a strong stabilizing factor.
20
21
22
752
Biga, M.-G. I rapporti diplomatici nel Periodo Protosiriana. In Ebla: Alle origine
della civilt urbana, ed. P. Matthiae et al. Milan: Electa, 1995, 14047.
Bilgi, E. Ebla in Cappadocian Inscriptions. In Hittite and other Anatolian and Near
Eastern Studies in Honour of Sedat Alp, ed. H. Otten et al. Ankara: Trk Tarih
Kurumu Basimevi, 1992, 6166.
Bonechi, M. Relations amicales Syro-palestiniennes: Mari et Haor au XVIIIe sicle
av. J.C. In Florilegium marianum. Mmoires de N.A.B.U. 1. Paris: SEPOA, 1992, 922.
Charpin, D. Une alliance contre lElam et le rituel du lipit napitim. In Contribution
lHistoire de lIran, ed. F. Vallat. Paris: ERC, 1990, 10918.
. Une trait entre Zimri-Lim de Mari et Ibl-p-El II dEnunna, Marchands,
Diplomates et Empereurs, ed. D. Charpin and F. Joanns. Paris: ERC, 1991, 13966.
, and J.-M. Durand. Fils de Sim"al: Les origines tribales des rois de Mari,
RA 80 (1986) 14183.
, and J.-M. Durand. Aur avant lAssyrie, MARI 8 (1997) 36791.
Dalley, S., C.B.F. Walker, and J.D. Hawkins. The Old Babylonian Tablets from Tell al
Rimah. British School of Archaeology in Iraq, 1976.
Durand, J.-M. Fragments rejoints pour une histoire Elamite. In Fragmenta Historicae
Elamicae, ed. L. de Meyer et al. Paris: ERC, 1986, 11128.
. Unit et Diversit au Proche-orient lpoque Amorrite. In La circulation des
biens, des personnes et des ides dans le Proche-Orient ancien, ed. D. Charpin and F. Joanns.
Paris: ERC, 1992, 97128.
Eidem, J. Les archives palo-babyloniennes de Tell Leilan, Les Dossiers dArchelogie
155 (1990) 5053.
. Tell Leilan Tablets 1987: A Preliminary Report, Annales Archologiques
Arabes Syriennes 3738 (198788) 11027.
. An Old Assyrian Treaty from Tell Leilan. In Marchands, Diplomates et Empereurs,
ed. D. Charpin and F. Joanns. Paris: ERC, 1991, 185207.
. The Tell Leilan Archives 1987, RA 85 (1991) 10935.
. North Syrian Social Structure in the MB Period: New Evidence from Tell
Leilan. In Proceedings of the International Symposium on Syria and the Ancient Near East
3000300 B.C., ed. F. Ismail. Aleppo: University of Aleppo Publications, 1996, 7785.
. The Royal Archives from Tell Leilan 1. Letters and Treaties from the Lower Town
Palace. Yale: Yale University Press (in press).
, and F. Hjlund. Assyria and Dilmun Revisited. In Assyrien im Wandel der Zeiten,
ed. H. Waetzoldt and H. Hauptmann. Heidelberg: Heidelberger Orientverlag, 1997,
2531.
, and J. Lsse. The Shemshra Archives 1. The Letters. Copenhagen: Kgl. Dan.
Vid. Selsk, Hist.-Fil. Skr., 2001.
Joanns, F. Le trait de vassalit dAtamrum dAndarig. In Marchands, diplomates
et empereurs, ed. D. Charpin and F. Joanns. Paris: ERC, 1991, 16777.
Lafont, B. Les lles du roi de Mari. In La femme dans le Proche-Orient antique, ed.
J.-M. Durand. Paris: ERC, 1987, 11323.
. Messagers et ambassadeurs dans les archives de Mari. In La circulation
des biens, des personnes et des ides dans le Proche-Orient ancien, ed. D. Charpin and
F. Joanns. Paris: ERC, 1992, 16783.
. Ladmonestation des Anciens de Kurd leur roi. In Florilegium marianum
II. Mmoires de N.A.B.U. 3. Paris: SEPOA, 1994, 20922.
Lsse, J. An Aspect of Assyrian Archaeology. In Beitrge zu Geschichte, Kultur und
Religion des alten Orients, ed. M. Lurker. Baden-Baden: Valentin Koerner, 1971, 18995.
Villard, P. Un roi de Mari Ugarit, UF 18 (1986) 387412.
753
INTERNATIONAL LAW
754
who functioned as attis viceroy for Syrian aairs, are known from
attua and Ugarit.6
1.4 Various compositions of Hittite monarchs, particularly the annals
of several kings,7 and Egyptian royal inscriptions8 provide information on international relations: on hostile and peaceful interaction
with subordinate and independent foreign polities, on trade, on the
treatment of fugitives, messengers, and other foreigners. The inscription on the statue of King Idrimi of Alalakh describes the conclusion of a written peace treaty with his suzerain, the king of Mittanni.9
1.5 Diplomatic correspondence, which has been recovered in signicant quantities at attua,10 Ugarit,11 and Akhetaten/Amarna,12 and
as stray nds elsewhere,13 presents us with primary documentation
of international communication, negotiation, and conict resolution.
1.6 Miscellaneous texts from Ugarit,14 Egypt, and especially attua
also present scraps of information relevant to the conduct of international relations.15
2. T I S
During the Late Bronze Age in western Asia, the state was conceived
of as a household on a grand scale. Within every family, the senior
male exercised full authority over the social and economic activities
6
755
Several major powers dominated the world of the eastern Mediterranean and the Fertile Crescent at the close of the Bronze Age. At
various times during this period these states included Egypt, Mittanni,
atti, Babylonia, Assyria, and perhaps Aiyawa (the realm of
Mycenaean Greeks).
2.2
Only the rulers of states that exercised hegemony over others while
for their part recognizing no overlord were entitled to call themselves Great Kings19 and to refer to their lands as Great Kingdoms.
Acceptance into the Great Powers Club20 was achieved through
practical recognition on the part of the rulers of current members
that a polity had attained the requisite status. On some occasions,
such recognition was hotly contested.21
16
On the application of this ideal type to the ancient Near East, see Schloen,
House of the Father . . ., 49. On its application to international law, see Westbrook,
International Law . . .
17
In practice, most instances of this usage are found in records of dealings
between the major powers, since in principle relations among vassals were to be
carried out through the agency of the imperial governing structures rather than
conducted directly by the parties themselves.
18
Liverani, International Relations . . ., 136.
19
See Artzi and Malamat, Great King . . .
20
See Liverani, Great Powers Club, 1527.
21
Note Hittite Diplomatic Texts, no. 24A, in which a Hittite king rebukes an Assyrian
monarch for having the temerity to address him as an equal. In EA 9, a Babylonian
756
king chides the pharaoh for receiving a delegation from Assyria, an act implying
acknowledgment of Assyrias independence from Babylonia.
22
For example, Hittite Diplomatic Texts, nos. 14, 18AC.
757
758
and gradually absorbed most Mittannian territory into its own expanding realm. By the late thirteenth century an aggressive Assyria posed
a serious threat to Hittite territories in Syria.
2.2.5 Babylonia
Always recognized as a major state because of its role as the birthplace
of cuneiform civilization, Babylonia under the Kassite kings seems
to have been too weak militarily to play an inuential role in the
international politics of the Late Bronze Age. Nonetheless, its monarch
counted among the Great Kings.
2.2.6 Aiyawa
A single Hittite document tentatively places the territory of the
Mycenaean Greeks on a par with the Great Powers, but this ranking seems to have been mistaken or perhaps a temporary diplomatic
expedient.27 Since no political or military contacts are attested between
Aiyawa and any state other than atti, this polity may safely be
left out of the present discussion.
2.3
Smaller States
759
Atata on the middle course of the Euphrates. atti took over most
of these vassals from Mittanni and for some time also maintained a
protectorate over a portion of her defeated adversary. Ultimately,
however, Assyria swallowed up almost the entirety of the former
Hurrian kingdom. At times, Egypt dominated Ugarit, Amurru, and
Qadesh in the north, but the heart of its Asiatic realm lay further
to the south on the coastincluding the cities of later Phoenicia
and inland as far as the neighborhood of Damascus. The great majority of Egypts subordinates were rather small-scale polities.29
2.4
Terminology
760
Structure
Treaties dating to the Hittite Empire period (fourteenth and thirteenth centuries) tend to follow a similar pattern,38 presumably because
all were composed by a limited number of scribes active in the royal
chancellery. With exceptions arising due to special circumstances, the
usual construction of a Hittite vassal treaty is: (1) preamble styling
the document as an address by the senior partner to the junior; (2)
historical prologue recounting the course of previous relations and
justifying future loyalty as due in gratitude for the Hittite Great
Kings generous treatment of the vassal and his land; (3) specic
obligations of the subordinate; (4) details of the deposition of the
treaty document; (5) invocation and list of divine witnesses; (6) curses
upon the vassal who would break the treaty and blessings upon the
subordinate who honors it. The parity treaty with Egypt may be
seen as a variation of this conguration, while the only well-preserved
agreement from Alalakh is very simple,39 consisting only of a heading,
an accord on a single topic, a short list of deities, and a curse.
35
:
3.4
761
Procedure
Provisions
Stipulations vary greatly among the preserved agreements, but several concerns appear in most, if not all, Hittite treaties: allegiance
to atti and to its Great King, mutual protection of dynastic lines,
extradition of fugitives, and payment of tribute.42 Of course, this last
item is not present in parity treaties.
3.5.1 Loyalty to atti
The subordinate is forbidden to transfer his allegiance to another
master. He may maintain no independent foreign relations and must
send on to the Great King any foreign envoy arriving at his court.
He himself is required to make periodic visits to rearm his devotion to the Hittite ruler at a personal audience. Should he learn that
atti is under attack, the vassal must rush to its aid without waiting to be summoned. It is his further obligation to provide logistical support and military contingents to Hittite armies on campaign
in his vicinity. Naturally, the Hittite ruler will also commit his military forces to safeguard the life and territory of the vassal.
40
Hittite Diplomatic Texts, no. 22E, deals with plans for a marriage alliance, but
the process of haggling on view here is no doubt similar to that involved in concluding a treaty.
41
See Beckman, Some Observations . . ., 5566; Edel, Vertrag . . ., 8586.
42
For references, see the index to topics, Hittite Diplomatic Texts, 2056. Egyptian
vassals bore many of the same burdens, including delivery of tribute, supply of the
overlords armies, and the performance of corve. Interference of the vassal in the
succession to the Egyptian throne is not envisioned. See Moran, Amarna Letters, xxvii.
762
43
44
45
46
47
763
Deposition
Copies of each treaty were placed in the temple of the Sun Goddess
of Arinna, chief deity of atti, and in the sanctuary of the primary
god of the vassal.53 The text of the document was to be read aloud
to the vassal at regular intervals throughout the year.54
3.8
Sanctions
764
55
765
4. C I L
Certain practices routinely followed in the relations between states
were not established by special agreement among the parties but
were sanctied by tradition.
4.1
Peaceful Relations
4.1.1 Correspondence
Kings communicated with one another through the medium of tablets
inscribed in cuneiform script. Since the rulers were almost invariably illiterate, it was necessary that the missives be read aloud to
them. In practice, a letter merely served as conrmation of the information conveyed orally by the messenger who delivered it.58
Correspondence between lord and vassal was concerned primarily with demands made by the former on the latter. In letters moving in the other direction, the subordinate might appeal for relief
from a burden or for military assistance against a neighbor. Epistolary
trac between the Great Powers dealt chiey with matters of trade
and not often with the settlement of disputes, since such larger states
seldom interacted directly. Indeed, it has been observed that the purpose of correspondence on this level was phatic, that is, simply to
keep open the lines of communication between the powers.59
There was no regular contact between hostile states, although a
king might send an ultimatum to his enemy.60
4.1.1.1 Language
During the Late Bronze Age, the Middle Babylonian dialect of Akkadian and its peripheral varieties served as a lingua franca among the
Great Powers. When dealing with their vassals in Anatolia, however,
the Hittites employed their own language, and the rulers of Arzawa in
western Anatolia also corresponded with the Egyptian king in Hittite.61
Since the bulk of communication within the Egyptian sphere of inuence was probably oral and facilitated by the Egyptian commissioners, it was doubtlessly carried out in Egyptian.
58
59
60
61
766
The use of Akkadian for diplomatic purposes necessitated instruction in the Mesopotamian tongue for at least some of the scribes
active in the Hittite and Egyptian chancelleries, as well as for the
clerks of the latters vassals.62 The texts produced by these non-natives
display various degrees of interference from the native languages of
their authors and very likely gave rise to occasional misunderstandings
between correspondents.
4.1.1.2 Salutation
Epistolary etiquette called for the dominant party to be listed rst
in a letters heading. If the participants in the correspondence were
of equal rank, it was usual for the sender to give precedence to his
own name.63
4.1.1.2.1 Gifts
Greeting gifts (Akk. ulmnu) normally accompanied diplomatic dispatches.64 This exchange of presents was not only a disguised form
of trade but also served to establish and maintain the prestige of a
ruler in the eyes of his domestic constituency.65 The congratulatory
messages that every Great King had a right to expect from his peers
upon his accession were customarily accompanied by ne oil for his
anointing and garments betting his new status.66
4.1.1.3 The Messenger
Some envoys (Hitt. alugatalla-, Akk. mr ipri )67 were specialists in
useful crafts, such as medicine,68 magic,69 or scholarship.70 Their missions might thus involve a sort of foreign development aid as well
as the transmission of messages. Sometimes a diplomat enjoyed special
favor at a foreign court, so that its king requested his participation
in a particular embassy.71
62
63
64
65
66
67
68
69
70
71
Beckman, Mesopotamians . . .
Hagenbuchner, Korrespondenz . . ., II, 46.
Cochavy-Rainey, Royal Gifts . . .
Liverani, Prestige and Interest, 21117.
See Hittite Diplomatic Texts, no. 24B, 4.
Hagenbuchner, Korrespondenz . . ., II, 1523.
Edel, gyptische rzte . . .
Hittite Diplomatic Texts, no. 22F, 13.
Beckman, Mesopotamians . . .
EA 21, ll. 2132; 24, 31.
767
768
Hostile Relations
769
B
Alp, S. Zur Datierung des Ulmiteup-Vertrags, AoF 25 (1998) 5460.
Altman, A. On Some Assertions in the Historical Prologue of the augamuwa
Vassal Treaty and Their Assumed Legal Meaning. In XXXIV me Rencontre Assyriologique Internationale, ed. H. Erkanal et al. Ankara: Trk Tarih Kurumu, 1998, 99107.
. Some Remarks on the So-Called Arbitrage Concerning Barga, UF 32
(2001) 110.
. The Iuwa Aair in the attiwaza Treaty (CTH 51.A, Obv. 1024) Reconsidered, UF 32 (2001) 1122.
Artzi, P., and A. Malamat. The Great King: A Preeminent Royal Title in Cuneiform
Sources and the Bible. In The Tablet and the Scroll: Near Eastern Studies in Honor
of William W. Hallo, ed. M. Cohen et al. Bethesda, Md.: CDL Press, 1993, 2840.
Beal, R. The History of Kizzuwatna and the Date of the unaura Treaty, Or
55 (1986) 42445.
Beckman, G. Mesopotamians and Mesopotamian Learning at attua, JCS 35
(1983) 97114.
. Some Observations on the uppiluliuma-attiwaza Treaties. In The Tablet
and the Scroll: Near Eastern Studies in Honor of William W. Hallo, ed. M. Cohen et al.
Bethesda, Md.: CDL Press, 1993, 5357.
. Hittite Administration in Syria in the Light of the Texts from attua, Ugarit
and Emar. In New Horizons in the Study of Ancient Syria, ed. M. Chavalas. Malibu:
Undena, 1992, 4149.
89
770
771
772
773
Schachermeyr, F. Zur staatsrechtlichen Wertung der hethitischen Vertrge, Mitteilungen der gyptisch-Orientalischen Gesellschaft 4 (192829) 18086.
Schloen, J. The House of the Father as Fact and Symbol: Patrimonialism in Ugarit and the
Ancient Near East. Studies in the Archaeology and History of the Levant 2. Winona
Lake: Eisenbrauns, 2001.
Schuler, E. von. Staatsvertrge und Dokumente hethitischen Rechts. In Neuere
Hethiterforschung, ed. G. Walser. Historia Einzelschriften 7. Wiesbaden: Franz Steiner,
1964, 3453.
. Sonderformen hethitischer Staatsvertrge, Jahrbuch fr Kleinasiatische Forschung
2 (1965) 44564.
. Die Kaker. Berlin: Walter de Gruyter, 1965.
Schulman, A. Diplomatic Marriage in the Egyptian New Kingdom, JNES 38 (1979)
17793.
Singer, I. A Concise History of Amurru. In S. Izre"el, Amurru Akkadian. Atlanta:
Scholars Press, 1991, vol. 2, 13595.
. A New Hittite Letter from Emar. In Landscapes. Territories, Frontiers and Horizons
in the Ancient Near East, ed. L. Milano et al. Padua: Sargon, 2000, Vol. 2, 6572.
Smith, S. The Statue of Idri-mi. London: British School of Archaeology at Ankara, 1949.
Spalinger, A. Egyptian-Hittite Relations at the Close of the Amarna Period and
Some Notes on Hittite Strategy in North Syria, Bulletin of the Egyptological Seminar
1 (1979) 5589.
. Considerations on the Hittite Treaty between Egypt and Hatti, Studien zur
altgyptischen Kultur 9 (1981) 299358.
Starke, F. Zur Regierung des hethitischen Staates, ZAR 2 (1996) 14082.
Steiner, G. Schie von Aiyawa oder Kriegsschie von Amurru im aukamuwaVertrag?, UF 21 (1989) 393411.
Srenhagen, D. Parittische Staatsvertrge aus hethitischer Sicht: Zu historischen Aussagen und
literarischer Stellung des Textes CTH 379. Studia Mediterranea 5. Pavia: Gianni
Iuculano Editore, 1985.
. Untersuchungen zur Bronzetafel und weiteren Vertrgen mit Sekundogenitur
in Taruntaa, OLZ 87 (1992) 34171.
Van den Hout, T. A Chronology of the Tarhuntassa Treaties, JCS 41 (1989)
10014.
. Der Falke und der Kcken: der neue Pharao und der hethitische Prinz?
ZA 84 (1994) 6088.
Warburton, D. Egypt and the Near East: Politics in the Bronze Age. Civilisations du
Proche-Orient, IV/1. Neuchtel: Recherches et Publications, 2001.
Watanabe, K. Mit Gottessiegeln versehene hethitische Staatsvertrge, ASJ 11
(1989) 26176.
Weidner, E. Politische Dokumente aus Kleinasien: Die Staatsvertrge in akkadischer Sprache aus
dem Archiv von Boghazki. Boghazki-Studien 89. Leipzig: J.C. Hinrichs, 1923.
Weinfeld, M. Covenant Terminology in the Ancient Near East and Its Inuence
on the West, JAOS 93 (1973) 19099.
. The Loyalty Oath in the Ancient Near East, UF 8 (1976) 379420.
Weinstein, J. The Egyptian Empire in Palestine: A Reassessment, BASOR 241 (1982)
128.
Westbrook, R. Babylonian Diplomacy in the Amarna Letters, JAOS 120 (2000):
37782.
. International Law in the Amarna Age. In Amarna Diplomacy, ed. R. Cohen
and R. Westbrook. Baltimore: Johns Hopkins University Press, 2000, 2841.
Wilhelm, G. Zur ersten Zeile des unaura-Vertrages. In Documentum Asiae Minoris
Antiquae. Festschrift fr Heinrich Otten zum 75. Geburtstag, ed. E. Neu. Wiesbaden: Harrassowitz, 1988, 35970.
774
775
PART THREE
FIRST MILLENNIUM
777
EGYPT
778
However, the precise nature of the reform and its actual impact on
the use of legal documents cannot be determined.
From the later New Kingdom through the Saite period, Egypt
was subject to massive foreign pressure. Given the long tradition of
private contracts in the Mesopotamian world, some have proposed
foreign inuence on the development of Egyptian legal practice.7
This problem is still to be explored.8 The geographical distribution
of the legal sources is uneven. Most of the economic documents, for
example, come from Thebes, whence derive almost all of the especially important abnormal hieratic texts.9 That is the designation generally applied to a form of hieratic derived from the New Kingdom
hieratic business script. Used in the Third Intermediate period, abnormal hieratic gradually gave way to Demotic in the Saite period.
1.1
Law Code
Edicts
Ibid., vi.
See the remarks of Eyre, Adoption Papyrus . . ., 213. In a paper (Third
Intermediate Period Antecedents of Demotic Legal Terminology) read at the
Demotic Conference in Copenhagen (August, 1999), Ritner countered the claim
that Aramaic had a signicant impact on the Demotic tradition, presenting earlier
Egyptian antecedents for many of the phrases and terms used to make the argument for Aramaic inuence.
9
Malinine, Choix . . ., 89; on the distinction between abnormal hieratic and
Demotic, see Vleeming, Phase initiale . . ., 3841.
10
Caminos, Osorkon . . ., 42.
11
Johnson, Annuity Contracts . . ., 114, and The Persians . . ., 157; Allam,
Traces . . ., 15; Eyre, Crime . . ., 92, and Adoption Papyrus . . ., 216.
12
von Beckerath, Stele der Verbannten . . .; Kitchen, Third Intermediate Period . . .,
255, 260.
8
779
to allow the return to Thebes of persons banished (by the god Amun13)
during the turmoil preceding his installation. A Jubilee Inscription
of Osorkon II treats the exemption or protection of Thebes from
inspection by royal ocers.14 The Osorkon Chronicle recounts the
activities of the eldest son of King Takelot II, focusing on revolts
and disturbances in the Theban region.15 The great Piye Victory Stela
(ca. 714) illuminates that kings perception of rebellion and clemency
towards rebels.16 The retention of New Kingdom legal vocabulary is
demonstrated by the Dream Stela of Tanutamon (664).17
Among the signicant legal texts issued by powerful individuals
who, if not necessarily kings, display royal attributes or authority,
may be mentioned the following.
1.2.1 Menkheperre, the High Priest of Amun (time of Psusennes I,
ca. 1000), inscribed a complex juridical oracular text in the Temple
of Khonsu at Thebes.18
1.2.2 A recently published Elephantine stele (reign of Osorkon II)
records an inspection of the Temple of Khnum by the viceroy of
Kush and oracular conrmation of the consequent reorganization of
the temple.19 It contains indeed the latest mention of the important
New Kingdom title Kings son of Kush.
1.2.3 A very signicant group of texts are the so-called donation
stelai, especially from the Twenty-second to Twenty-third dynasties
(945715).20 The king provides the temples thereby with the economic means (chiey in the form of land) to maintain themselves.
These donations are sometimes given by the king through the agency
of a high ocial, for example, the Great Chief of the Ma.21
13
780
The text then recounts that the information about the former owners and the prices was properly set down in writing. The will may
be a stone version of a papyrus document.24
1.2.5 An elaborate inscription (Twenty-rst Dynasty) contains a text
supposed to be a foundation document of the funerary temple of
the divinized Amenhotep, son of Hapu.25
1.3
Administrative Orders
1.4
781
782
783
1.4.10 A few private letters from this period (El Hiba letters
actually from the Twenty-rst Dynasty, the transitional period from
the late New Kingdom) concern legal matters and oracular inquiries.45
1.5
Scholastic Documents
Very few literary works are preserved from the Third Intermediate
period. The Tale of Woe (papyrus inscribed in the ninth century
but probably originally a late New Kingdom composition) contains
an elaborate description of various crimes committed against the hero:
I was unjustly removed; I was defrauded before anything could be said,
and dispossessed, though there was no crime on my part. I was thrown
out from my city, and my property was seized . . . They robbed me,
and also killed the women that came near them.46
45
See Wente, Letters . . ., 205, 207. See also Posener, Un papyrus dEl-Hibeh.
Caminos, Woe . . ., 7071. The qenbet also appears ibid., 57.
47
Edwards, Oracular Amuletic Decrees . . ., 43.
48
See Leahy, The Libyan Period in Egypt . . ., noting esp. 59. See also Ritner,
Libyan Anarchy . . .
49
One thinks naturally of Shoshenq Is invasion of Israel.
50
On the inated usage of nswt (king), see Grimal, Stle triomphale . . ., 250.
51
Trigger et al., Social History . . ., 232.
46
784
The King
The Administration
2.2.1 A detailed picture of the administration in the Third Intermediate period is not possible. There are signicant dierences from
the social and political situation of the New Kingdom. Especially
noteworthy is the development of walled cities and the concentration of the population in towns and cities, perhaps in response to
the uncertainties of the time.59 Despite such dierences, scholars
emphasize administrative continuity under the foreign kings of this
time.60 Hereditary oces become increasingly important in the late
52
785
Trigger et al., Social History . . ., 229. See also James, Egypt . . ., 705.
Graefe, Zwischenzeit, Dritte, col. 1448; but cf. Edwards, Egypt . . ., 555.
63
Sheshonq I, for example, appoints his son Nimlot as military governor of
Herakleopolis (Edwards, Egypt . . ., 539).
64
Ibid., 541.
65
Ibid., 542.
66
Meeks, Donations . . ., 644.
67
Trigger et al., Social History . . ., 236; Grimal, Stle triomphale . . ., 20916.
68
Kuhrt, Ancient Near East . . ., vol. 2, 625. There is considerable continuity with
regard to these great Theban families between the Nubian Dynasty 25 and the
Saite Dynasty 26; see e.g., Vittmann, Priester und Beamte . . ., 3.
69
Trigger et al., Social History . . ., 238. See also Martin-Pardey, Wesir . . ., col.
1228; Meeks, Donation . . ., 632; Pressl, Beamte . . ., 97127. The vizier is still
mentioned in P. Berlin 3048 vs. (dated 879); see Lddeckens, Ehevertrge . . ., 1011.
70
Vittmann, Priester und Beamte . . ., 143.
71
Ibid., 14445.
72
Meeks, Donation . . ., 63132.
62
786
2.2.1.3 Several titles are closely identied with the Third Intermediate
period. In the Libyan period, Great Chief of the Ma (or Meshwesh)
occurs, an oce approaching, if not quite reaching, the status of
king.73 This Libyan title apparently survives, much weakened, into
the reign of Psamtik I of the Saite Dynasty.74
2.2.1.4 Powerful temple ocials, such as the Steward (of Amun)
(mr-pr), were responsible for the administration of temple elds, and
doubtless also exercised legal functions or inuence on occasion.75
As in earlier Egyptian history, it can be dicult to distinguish between
temple and state ocials.76
2.2.1.5 Ancient titles, originally of juristic signicance, continue to
be employed in the Third Intermediate period. Thus, an ocial in
the Twenty-second Dynasty holds the position of chief judge, governor of the city, and vizier, a string of titles found in the Old
Kingdom.77 An oracular text mentions the archaic title great one
of the tens of Upper Egypt (wr m m 'w).78 Worthies bear epithets
emphasizing legal functions; Osorkon declares that he is foremost in
judging the pleas that reach his ears.79 A high ocial under Petubastis
I describes himself as skilled in the laws of the royal palace.80 The
Piye Victory inscription is a rich source of titles and ranks.81
2.2.1.6 The nomes still evidently play a role, but their administrative
signicance and structure are unclear.82 The Delta was divided into
various provinces under the control of the reigning kings or Libyan
73
Leahy, Libyan Period . . ., 59. See also Ritner, Libyan Anarchy . . ., 101.
Ritner, Libyan Anarchy . . ., 107.
75
Vleeming, Papyrus Reinhardt . . ., 5556.
76
This is the case, for example, of the Overseer of the Granary, discussed in
Vleeming, Papyrus Reinhardt . . ., 56.
77
Breasted, Ancient Records . . ., vol. 4, 389. See also Vittmann, Wesir . . .
78
Vernus, Inscriptions . . ., 222.
79
Caminos, Osorkon . . ., 78.
80
Jansen-Winkeln, gyptische Biographien . . ., 140. Compare also one who embellishes Thebes with good laws, Jansen-Winkeln, gyptische Biographien . . ., 155.
81
Grimal, Stle triomphale . . ., 24749.
82
A rulers sphere of inuence may be described in terms of nomes, e.g., Grimal,
Stle triomphale . . ., 211. Other geographical designations also possess administrative
signicance, such as the southern land (Vittmann, Papyrus Rylands 9 . . ., 28790).
See also Kuhrt, Ancient Near East . . ., vol. 2, 627.
74
787
788
Other sources also attest to legal records and archives. In his Chronicle,
for example, Osorkon states: Go and bring to me every (case of )
transgression against him and the records (') of the ancestors.95
2.2.1.10 The series of extracts from marriage contracts in P. Berlin
3048 (verso) implies a register of deeds given in custody to the temple of Amon at Thebes.96 Texts from the time of Shabako (707)
mention a hall of writings (3 n s) in the declaration: His statement will not be heard in the hall of writings.97 In the Stela of
Sheshonq, it is recounted that a contract or document of endowment was recorded in the hall of writings.98
2.2.1.11 Johnson suggests that there may have been increased professionalization of legal scribes in the late period; people began to
go to those familiar with the proper legal vocabulary and format.99 The
scribal titles indicate an organized administrative structure, even if details are lacking. A scribe of the royal letters ( 't) appears in P. Louvre
E 3228 b, 2.100 In the Smaller Dakhla Stela, there is mention of a
scribe of leases or scribe of the deeds.101 The same text also contains the enigmatic title scribe of the seal or scribe of the contract (s tm).102 Witness scribes are generally found in abnormal
hieratic documents.103
2.2.2 Central Administration
While the suzerainty of certain kings, such as Taharqa, during the
Third Intermediate period was generally acknowledged throughout
Egypt, the sources are too sparse to reconstruct the details of any
95
789
790
in Elephantine (reign of Osorkon II) records an inspection of problematic conditions in the condition of the temple domain of Khnum.112
The god is asked concerning the steps to be taken. The ocials of
the temple take an oath to maintain proper practices.
The herald, (wm.w), an ocial often associated with legal matters in the New Kingdom and earlier, is less apparent in the Third
Intermediate period.113
2.2.4 Local Government
The local ocials become increasingly independent during such times
of central weakness.114 The ancient title 3ty-', local prince, nomarch,
mayor, still appears in Third Intermediate and Saite period texts.115
Very inuential are such individuals as the Fourth Prophet of Amun,
Montuemhet, the mayor of the town (= Thebes) and Governor
of Upper Egypt during the Nubian and Assyrian periods.116 He is
called the King of Thebes in the Annals of Assurbanipal.117 These
mayors of the city and the fourth prophets of Amun in the Nubian
period seem to usurp the power formerly held by the High Priest
of Amun.118 One could apparently be the mayor of several cities
or towns at the same time.119 There are other powerful local ocials
in this period, such as the Shipmaster of Herakleopolis. This title,
only attested at the very beginning of the Saite period, may have
come into existence under the Nubian Dynasty (Twenty-fth).120
Given the fragmented nature of the Egypt at this time, it is not
possible to generalize about local administration in the Third Intermediate period. The bureaucratic mechanism by means of which the
above-mentioned mayors enacted their decisions is obscure.
112
791
2.2.4.1 Naturally scribes of various descriptions remain an essential element of the administration.121 A chief scribe of the documents (or the mat?) occurs in P. Louvre 3228c in association with
the qenbet court122 There is also, for example, a scribe of commissions, leases (s sn.w) and a mention of the leases, commissions,
(sn.w) of the House of Amun, in the Stle de lapanage.123
2.2.4.2 The archaic title ry-', door-keeper, which plays such an
important role in New Kingdom texts, especially from Deir el-Medina,
still appears in Third Intermediate period.124 Similarly, the smsw h3y.t,
elder of the gate, another possibly judicial title dating back to the
Old Kingdom, occurs in a few Third Intermediate period texts.125
2.2.4.3 Little can be said concerning an organized police force,
although the ancient term for police, marshal, my-r n', is mentioned in the Nitokris Stela (Saite period).126
2.3
The Courts127
There are almost no records of actual court cases in the Third Intermediate period.128 The title, ocial/member of the Great Qenbet [court]
of the capital, appears ve times from the end of the New Kingdom
through ca. 600.129 This court may no longer be under the control
of a vizier,130 an oce poorly documented in the Third Intermediate
period. Allam believes that the chief scribe was now responsible
for the functioning of the court.131 He emphasizes, however, that
121
See Graefe, Gottesgemahlin . . ., vol. 2, 7980: cf. Breasted, Ancient Records . . .,
vol. 4, 393.
122
Malinine, Jugement . . ., 164. Compare also Vittmann, Genealogische
Inschrift . . ., 330.
123
Eyre, Feudal Tenure . . ., 12930.
124
Meeks, Donations . . ., 64748. See Graefe and Wassef, Eine fromme
Stiftung . . ., 114.
125
Meeks, Donations . . ., 648.
126
Andreu, Polizei, col. 1069.
127
Allam discusses in some detail the judicial apparatus of the Late Dynastic
period, but concentrates on the Saite period (Egyptian Law Courts . . ., 11519).
128
Malinine, Jugement . . ., 157.
129
sr n t3 qnb.t '3.t n.t nw.t (Allam, Egyptian Law Courts . . ., 115). The ancient
title chief of the 6 courts still appears in Libyan period biographies; see JansenWinkeln, gyptische Biographien . . ., 85, and cf. 212, 269.
130
See also Malinine, Jugement . . ., 175.
131
Allam, Egyptian Law Courts . . ., 115.
792
despite apparent changes, the Great Qenbet persisted and so did probably the smaller local qenbet courts.132 We know little about the social status of the judges comprising the Great Qenbet court.133 Allam
tentatively suggests that these later judges are true judges with no
administrative powers, unlike the New Kingdom judges, who were
administrative ocials as well.134 Malinine suggests that the court
had become priestly in composition.135 This Great Qenbet was a continuation of the New Kingdom institution, which nally disappeared
during the reorganization of the country under the Saite rulers.136
2.3.1 One of the few substantial texts referring to the court system
is P. Louvre E 3228c, written in year 6 of Taharqa (685).137 The
abnormal hieratic document is composed at the order of the Great
Qenbet. A man has lost a case concerning some money, and must
renounce his own claim, while acknowledging that of his opponent.
He declares, for example, (I went) with you (the opponent) to law
before the superiors of the Great Qenbet of the Town (= Thebes)
and (before) the chief scribe.138
2.3.2 Private contracts may contain a declaration that the agreement
reached may not be contested, presumably in a court setting.139 Some
documents from the Nubian period (reign of Shabako, ca. 707) mention a hall of writings (3 n s) in the declaration by one party:
His statement will not be heard in the hall of writings.140 This
may be an ocial archive or record oce, although the phrase also
evokes a court room situation.
132
Ibid.
Malinine, Jugement . . ., 176.
134
Allam, Egyptian Law Courts . . ., 119.
135
Malinine, Jugement . . ., 176.
136
Malinine, Une Aaire . . ., 193; see also Seidl, gyptische Rechtsgeschichte . . .,
32; Allam, Egyptian Law Courts . . ., 119.
137
Malinine, Jugement . . .
138
Allam, Egyptian Law Courts . . ., 115. On the expression d qnb.t rm, to
go to court with, which is standard in Demotic and is attested also in the abnormal hieratic documents of the reign of Taharqa, see Allam, Quenebete . . ., 15; see
also Malinine, Jugement . . ., 164.
139
E.g. Malinine, Choix . . ., 37.
140
Ibid. See also Malinine, Jugement . . ., 168; Vleeming, Sale of a Slave . . ., 15.
133
793
3. L
3.1
Parties
Procedure
3.2.1 Malinine suggests that the case of P. Louvre 3228c was rst
judged in a local court and only afterwards entered the Great Qenbet
Court. He believes that the entire case lasted more than four years.147
The defendant having lost, the judges decided that the loser should
swear an oath along with seven other persons who had come before
the court, conrming that the disputed payment for the slave had
in fact been made, and to renounce any future raising of the issue
concerning the slave and the payment for the slave.148 Such a public disavowal of claim resembles the later Demotic acts of cession.149
141
Choachyte priests (involved in the funerary cult) appear frequently as parties
in contracts from the Theban area; see, e.g., Vleeming, Sale of a Slave . . ., 13;
Menu, Cessions . . ., 76; Donker van Heel, Land Leases . . ., 339.
142
Menu, Cessions . . ., 81.
143
Gardiner, Gods of Thebes . . ., 6061, 6667.
144
Menu, Cessions . . ., 75.
145
See Parker, Saite Oracle Papyrus . . ., 51; cf. Gardiner, Gods of Thebes . . .,
62. A rw (agent, representative) appears in Vernus, Inscriptions . . ., 22425.
146
Malinine, Choix . . ., 49.
147
Malinine, Jugement . . ., 175.
148
Ibid., 177.
149
Ibid., 178. See also Seidl, gyptische Rechtsgeschichte . . ., 24.
794
3.2.2 Legal disputes were also taken before the god for oracular
judgments. The two parties appear before the god, and each makes
a statement, the one contradicting the other. These declarations are
written out and placed before the god. The divinity makes a choice and
judges one to be in the right. The witnesses to the procedure are
then listed. P. Brooklyn 16.205 refers to a land dispute conducted
in this manner: they disputed again today about payment for the
sections of eld of citizeness X, which A, her male kinsman, sold to
B. They went before (the god) Hemen of Hefat (a falcon-deity) and
Hemen said to the two written claims: Right is B. He paid her (Xs)
money to A in the bad time. It is closed. So Hemen said before
all the witnesses.150 The formulation of the verdict, right (m3' ) is
PN, is similar to those found in the New Kingdom. Signicantly,
the deity explains the rationale behind his judgment, declaring, He
(the victorious party) paid her money to PN in the bad time.
3.3 Evidence
There is very little information regarding proof in litigation.151 Clearly,
documentation, oaths, and witnesses remain the principal modes.
3.3.1 Witnesses
Witnesses, both male and female, play an important role in Third
Intermediate period legal documents and cases. Individuals act as
witnesses to economic152 or legal transactions153 and court-related documents.154 The number of witnesses required on a legal document
varies considerably.155
3.3.1.1 There are distinctions between abnormal hieratic and Demotic
regarding the role of witnesses.156 Abnormal hieratic contracts include
subscriptions in the hand of the witnesses. These witnesses conrm
that they acknowledge the contract and also copy an extract from
150
795
Citizenship
796
Class
Gender
Remarks on Rank and Titles, 79, emphasizes (speaking of the Twenty-rst Dynasty),
(in Thebes) everybody was somehow connected with the great temple at Karnak or
its dependants in Luxor and in western Thebes. Thus, the commonly used term
priest should rather be understood as a synonym for citizen, all the more because
most of the priests were engaged in the holy service only temporarily, more or less
three times a year.
163
Parker, Saite Oracle Papyrus . . ., 50; see Menu, Business . . ., 197.
164
E.g., Caminos, Osorkon . . ., 44.
165
Allam, Bevlkerungsklassen, col. 774. Cf. also Gardiner, Dakhleh Stela . . .,
27; Menu, Business . . ., 197.
166
Caminos, Osorkon . . ., 51.
167
See Menu, Business . . .,and La condition de la femme . . . In general, see
also Johnson, Legal Status . . .
168
Menu, Business . . ., 198.
169
Donker van Heel, Land Leases . . ., 341.
170
Gardiner, Dakhleh Stela . . ., 22.
171
Feucht, Egyptians . . ., 339.
172
Menu, Cessions . . ., 79.
797
tary services.173 Sometimes, relatives or trustees do apparently undertake economic transactions on behalf of females.174 Menu concludes:
It seems that women had a full capacity of rights, but that in daily
life they often left to their husbands the exercise of those rights.175
The Gods Wives of Amun may have been required to remain
virgins, but this is still an undecided point.176
4.4
Slavery
Numerous texts seem to deal with the sale of slaves, although the
interpretation of these slave-sale transactions is still disputed. Menu
proposes that they are not actually slave sales but are in fact work
contracts of short term to repay a debt or to engage in work.177
Slaves are included in the endowments (in the Stle de lapanage and
the stela of Sheshonq), perhaps to cultivate in the elds.178 In the
Nubian period, slaves are sometimes called men of the North.179
In P. Louvre 3228d (dated 688) a man and his sister cede to a
woman their slave for the sum of two deben and four kite. It seems
that the two are selling the slave in order to cover the costs of the
burial of their parents.180
The dispute in P. Louvre 3228c (703) also revolves around a slave/
servant called a man of the North.181 In that document, it is interesting to note that the fathers name is omitted after the slaves own
name.182
On the religious level, the sale of the shawabti servants/slaves in
P. BM 10800 is represented as a sale of m.w, slaves/servants.183
173
798
4.4.1 Terminology
m,184 and more frequently, b3k are the usual terms for slaves/servants
in the Third Intermediate period.185
4.4.2 Categories
Menu suggests that three types of dependents (i.e., servants or slaves)
may be distinguished: (1) peasants working state or temple lands, (2)
prisoners of war or captive foreigners redistributed by pharaoh to
his ocials, and (3) domestic servants.186
4.4.3 Creation
According to Bakir, contracts between two persons in which one
becomes a servant/slave to the other are known from the Twentyfth to Twenty-seventh Dynasties. In these contracts, a man also
gives the buyer indenite rights over the vendor as well as his present and future children and earnings in perpetuity.187
4.4.4 Treatment
It is possible that prisoners of war or slaves were branded.188
P. Strassburg 39 (Twenty-rst Dynasty) mentions the ight and pursuit of a servant.189
5. F
Given the political instability of the Third Intermediate period, it may
be supposed that ones dependence on family support, ties, and contacts became ever more pronounced. Several legal texts preserve particularly illuminating statements regarding family relationships. In the
184
Bakir, Slavery . . ., 32 (tends to be used for slave until the Twenty-second
Dynasty, then servant, and even priest, thereafter). See also Loprieno, Egyptians
. . ., 213, on the disappearance of the term m, slave in administrative documents after the Twenty-second Dynasty.
185
See Jasnow and Vittmann, Abnormal Hieratic Letter . . ., 37, and CruzUribe, Slavery . . ., 47.
186
Menu, Recherches . . ., 185.
187
Bakir, Slavery . . ., 9, but I believe that such self-sale documents actually only
begin in the Twenty-sixth Dynasty; cf. also Bakir, Slavery . . ., 5657; Menu, Cessions
de services . . ., 82.
188
Graefe and Wassef, Eine fromme Stiftung . . ., 109.
189
Wente, Letters . . ., 206; so too P. Strassburg 26 (ibid.).
799
statue of Nakht-Mut (S. Cairo 42.208), for example, the daughter exclaims: What is the God of a person except his father and mother?190
5.1
Marriage191
5.1.1 Sources
The earliest marriage contracts or documents are from the Third
Intermediate period.192 P. Berlin 3048 (versoTwenty-second/Twentythird Dynasties, year 14 of a Takelot [ca. 879]), contains three quotes
from various marriage contracts.193 The formula thrice repeated is:
Entering into the house of PN which (the groom) PN made in order
to make his '.wy n m.t (document of responsibility of a wife;
Ehefrauenobligation) for the lady, PN, his daughter, as wife today.194
P. Berlin 3048 already seems to mention the gift of a woman,
given rst to the father-in-law and, in later periods, to the woman
herself at the time of marriage.195 According to Johnson, In examples of such marriage documents dated from the ninth through
the mid-sixth centuries, the bridegroom dealt with the father of the
bride and pledges his property to his (future) father-in-law as security for the p n sm.t, gift of/for/to a woman.196 The text raises
the possibility of divorce and adultery (the heavy reproach, n dns,
and the great crime which they have found in a woman, bt3 3
nt gm=w n s-m.t).
P. Cairo 30907/9 is another marriage contract, dated to 676 (?),197
which contains the same opening formula as found in P. Berlin
3048, verso: On this day the entering into the house of PN by
PN. The groom lists his property which he gives his wife as a gift
of a woman. He then swears an oath, arming that if he leaves
his wife and loves another woman, unless the cause of his leaving
is adultery on the part of his wife (the great crime), he will give
to her the above-mentioned property (the gift of a woman). The
190
800
preserved text concludes with remarks (broken) concerning the children which his wife will bear him.
5.1.2 Terminology
The standard term for wife is m.t, but the designation mistress of
the house (nb.t-pr), already attested since the Middle Kingdom, is
perhaps an indication of marriage.198
5.1.3 Conditions
The groom seems to have entered into communication with the father
of the bride and presents him with the gift of a woman.199 ern
cites one possible example of brother-sister marriage from the Twentysecond Dynasty (both children of a great chief of Ma).200
5.1.4 Divorce
Divorce is mentioned in P. Berlin 3048, verso.201 The two early marriage documents both stipulate that the husband on divorcing his
wife must pay her the amount of her gift of a woman, unless
justied by her adultery. True divorce documents are not attested
in the Third Intermediate period, but only since the sixth century.202
5.1.5 Remarriage
There are references to the rst and the second wives of a soldier
in P. Louvre E 3228c, but they may well have been consecutive
marriages.203
5.1.6 Polygamy
As in other stages of Egyptian history, monogamy seems to have
been the rule.204 Concubines are mentioned occasionally in the documents. The Oracular Amuletic Decrees, for example, contain the
wish that the protectees concubines (bs.w) be fruitful.205
198
5.2
801
Children
Traditional attitudes toward children continue into the Third Intermediate period. In his tomb biography, Harwa, the great High Steward
of Amenirdais, the Gods Wife, describes himself as a shade for the
child, a helper for the widow, one who gave rank to an infant.206
Similarly, as in older periods, the importance of sons who might inherit is emphasized in the biographical inscriptions: He (i.e., the god)
provided me with a son to take oce, on my entering the land of
my permanence.207 An awareness of the obligations to bury ones
parents appears in P. Louvre E 3228 d (688), wherein a brother and
sister sell a slave (?) in order to cover the funerary costs of their mother
and father.208 While her position as a princess was certainly atypical,
it is interesting that the divine guarantee of the property ownership
of Maatkare refers to land which she acquired while yet a child.209
5.3
Adoption
802
Tenure 218
803
6.1.3 A very signicant group of texts are the Donation Stelai (esp.
the Twenty-second to Twenty-third Dynasties; 945715).227 The king
gives to the temples thereby the economic means to maintain themselves, generally in the form of land. These donations are sometimes
given by the king through the agency of a high ocial, for example, the Great Chief of the May.228 The status of these lands before
being donated is seldom known;229 in some cases, they may have
been given to the donor in return for military service.230 It is often
dicult to determine the motives behind such donations.231
6.1.4 The Great Dakhla Stela records a dispute concerning the ownership of a well in the oasis.232 This text is important because the court
is presented with the copy from the royal registry (dny.w pr-'3). The
ancestors of the plainti are shown to have had a claim to the well
more than a hundred years earlier, and consequently ownership rights
for him are validated. This verdict is conrmed by an oracular divine
statement.233
6.1.5 Boundary stelae are erected, inscribed with texts placing the
land under the protection of a god.234
6.2
Inheritance
6.2.1 Some texts, phrased in religious terms, provide for the dispersal
of property after a persons death. The will of Iuwelot (Osorkon
III) is a conveyance by a High Priest of his estate to his son.235 This
will may in fact be a donatio inter vivos, but this is not certain.236
In Statue Cairo 42.208 (Twenty-second Dynasty) a man asserts that
one daughter, to the exclusion of her siblings, will inherit his property
227
804
after his death.237 The expectation that a son would inherit the oce
of his father is characteristic of this period. Not unexpectedly, therefore, a curse may include the statement: I do not permit his son
to come to the place of his father.238
6.2.2 The god declares in the Great Dakhla Stela, with regard to
the successful plainti and the well which has been judged to belong
to him: As for the owing wells . . . Conrm them unto him, they
being conrmed to son of his son, heir of this heir, to his wife and
to his children, there being no other son of private status belonging
to PN who shall have a share in them except PN, the son of PN.239
6.2.3 Menu suggests that widows might still cultivate the land given
to their husbands as payment for their military services.240
6.2.4 In the statue inscription of Nakhtmut, a man disinherits or excludes certain daughters and sons, declaring: No other son or daughter shall say: Give me the like! since like the Great God (= the
pharaoh) said: Let every man make the determination (sr) of his
own property! 241
7. C
As for the earlier periods, little is known about the economy of the
Third Intermediate period.242 There is, in any case, ever-increasing
evidence for the drawing up of contracts between private individuals
beginning in the Twenty-fth Dynasty. While the ancient term for
contract, will, transfer-document, myet-per, still occasionally appears,
other designations such as sn or hr also begin to be employed.243
237
805
Sale 248
806
807
will not be heard in the hall of writings.260 There then follow four
witnesses attesting to the statement of the seller.
7.1.3 Donker van Heel remarks that an abnormal hieratic sale should
contain a statement by the declaring party that he (or she) has
received a specic amount of money in return for the object of sale.261
The amounts of money are often said to be of the silver of the
treasury of X temple, for example, the silver of the treasury of
(the deity) Heryshef.262
7.1.4 In the sale document P. Louvre 3168 (dated 675), a woman
conducts a transaction concerning thread. She sells both the thread
and is reimbursed for the cost of weaving.263
7.1.5 P. Louvre 3228c seems to be a contract drawn up following
a court case.264 The subject of the suit was a slave (either Egyptian
or foreign). He is probably a prisoner of war. This slave seems to
have been the subject of three distinct and successive transactions.265
He may have been mortgaged at some point.266
7.1.6 A man may swear that he will not rescind the document
recording a sale of a slave.267
7.2
Loan
Ibid., 37.
Land Leases . . ., 342.
262
Vleeming, Sale of a Slave . . ., 14.
263
Menu, Business . . ., 202. See also Seidl, gyptische Rechtsgeschichte . . ., 24.
264
On P. Louvre E 3228 c, d, e, and f, see Menu, Cessions de services . . ., 73.
265
Malinine, Jugement . . ., 171.
266
Ibid., 174.
267
Malinine, Choix . . ., 45: I will not be able to withdraw the legal document
which is above (bn w=y r st 3 t3 hr nt- ry). Note also the expression st 3 p3 m,
808
7.2.4 In the block statue Cairo CG 559, the ocial declares that
he never compelled a man in diculties to pay back his (grain) debts:
I did not compel him to give his property to another in order to
pay the debts of that which he had received. I satised him, by buying from him what he had, giving double or triple for it.272
7.2.5 Menu suggests that in the Late period there is a tendency to
strengthen the rights of the creditor, in that the debtor more precisely delineates how he is to repay the debt and the conditions
under which penalties are imposed.273 Whereas in the New Kingdom,
the oath was the chief guarantee for the repayment of the loan, in
the Third Intermediate period and then, more developed, in the
Demotic material, there comes into being a true pledge or surety,
which forms a security for the loan.274
269
7.3
809
Pledge
Suretyship
Hire
810
domain of Amun (estimated at 10 percent).284 Parties to lease agreements state in Twenty-fth Dynasty documents that they cannot
withdraw without penalty from a land-lease agreement.285
7.7
Partnership
Several persons may own or lease property in common. In one collection of texts a group of choachytes lease and sub-lease land
together.286 The time period and purpose are not stated. The format of these texts, with some variations, is:
1.
2.
3.
4.
5.
Date
Parties
Statement: It is we who have said to you.287
Oath
Witnesses
Homicide
Donker Van Heel, Papyrus Louvre E 7856 Verso and Recto, 97.
Donker van Heel, Papyrus Louvre E 7852 . . ., 93.
286
Ibid., 82.
287
On the variety of forms of the statements, see ibid., 92.
288
Donker van Heel, Papyrus Louvre E 7856 Verso and Recto, 92.
289
Ibid., 102.
290
Hoch and Orel, Murder . . ., 91, 113; but the passage is problematic (von
Beckerath, Stele . . ., 35). They also quote the Piankhy Prohibition Stela . . ., in
which certain individuals are banned from the local temple, apparently for having plotted murder [of an innocent man], (Murder . . ., 114). See also Leahy,
Death by Fire . . .
285
811
Injury
Few legal texts refer to injury. An oracular text from Karnak contains the complaint of persons before Amun regarding violence done
against them.292
8.3
Sexual Oenses
8.3.1 Adultery
Adultery is mentioned in the marriage contracts as the great
crime.293 If a woman is found guilty of adultery and her husband
leaves her, he is apparently not obligated to give to her the gift of
a woman, to which he had agreed in the marriage contract.
8.3.2 Rape
No legal text from the Third Intermediate period deals with rape.
In a boundary stela, the wife and children of the man damaging the
text will be raped by a donkey.294 The rape and enslavement of
an evildoers wife and children also are threatened in the curse of
the Stle de lapanage.295
8.4
Theft
812
One stela concerns the misappropriation of a mortuary endowment (acts of fraud). The text includes an oracular decision, in
which two writings are placed before the god, who is to select one
of the alternative formulations.299
9. S I
9.1
Oracles
The oracular inquiry and decision are characteristic of the later New
Kingdom and the Third Intermediate period.300 The questions may
revolve around legal, economic, or administrative matters.301 The god
may be asked a question during a festival procession. In such cases,
the deity responds by nodding or withdrawing, this meaning assent
or dissent respectively (e.g., in the Banishment Stela). In the Dakhla
Stela, the prince in charge of the case orders the man claiming that
the well belongs to him: Stand in the presence of (the god) Setekh
and [claim] it.302 The verdict of the god is expressed in the traditional form also used by secular judges: PN is in the right.303 It
can also be that two written texts dealing with the same case, one
expressed in a positive fashion, the other negatively, are placed before
the god, who indicates approval of one of the two alternatives.304
9.2
P. Brooklyn 37.1799 E is a very late example of the genre of letters to the dead.305 A woman complains to a man, possibly her husband, about wrongs committed against her by another individual.
This text is undated and may possibly be Saite period in date, and
not Twenty-fth Dynasty.
299
9.3
813
Curses
814
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819
EGYPT
DEMOTIC LAW
Joseph G. Manning
1. S L
1.1
Demotic
820
C.E.). Demotic was a local script from the Delta and gradually replaced the hieratic tradition in the Nile valley as the Saite dynasty
gained control of Egypt.4 It was, at rst, a legal and business language.5
1.1.2 Scholars usually distinguish between phases of Demotic texts
based on paleography and on the format of legal texts: Early, Middle
and Late Demotic. Early Demotic includes the Saite and Persian
periods (650332 B.C.E.); Middle Demotic describes texts from the
Ptolemaic period (33230 B.C.E.) and Late Demotic covers the
Roman period (30 B.C.E.ca. 250 C.E.). Throughout most of this
period, Egypt was ruled by foreigners, and although Egyptian law
continued in force with only minor alterations, there was no doubt
some inuence of foreign law upon Egyptian; under the Persians, Egypt
was a province (satrapy) of the Persian empire (Aramaic loan words
came into Demotic at this time); in the Ptolemaic period, Egypt was
ruled by a general of Alexander, Ptolemy, and his descendants.6
1.1.3 With new populations came new legal systems. Thus Aramaic
legal papyri in the Persian period and the abundant Greek evidence,
which reects a kind of Greek common law under the Ptolemies
and Romans, certainly inuenced Egyptian law, although it is not
always easy to assess.7 During the Ptolemaic regime, Greek and
Egyptian law existed side by side with parallel court systems.8 A thorough study of the legal system in this period must include both
Egyptian and Greek evidence.9 This need is most keenly felt in the
study of bilingual family archival material, in state administration
and in legal procedure, since for most of the period under discussion Aramaic or Greek was the administrative language of Egypt. It
4
821
Law Codes
Whether Egyptian law was ever codied remains uncertain. Unlike Near
Eastern societies, there is no preserved law code in Egyptian, although
we know of several royal reforms and/or compilations of the legal
systemthose of Bocchoris, Amasis, and Darius being the most
important for our period.11 There are several collections of legal
rules that stem from the Middle Demotic or Ptolemaic period. The
so-called Legal Code of Hermopolis (= P. Mattha; and now new
variants from other sites) is in fact a collection or manual which preserves guidance in legal solutions for dicult or unusual cases.12 It
would appear that this code is in fact a kind of handbook used
by the priest-judges in a local temple to resolve disputes over property and served as a guide to the writing of certain legal instruments.
Also from this period is a text known as the Zivilprozeordnung,
which treats the use of documents as evidence and standards of legal
proof and may have served, like P. Mattha, as a guide for priestjudges in Thebes.13
10
Zauzich, Demotische Texte . . .; Lewis, Demise . . .; Bagnall, Egypt in Late
Antiquity, 23540.
11
Diod. Sic. 1 945. For an early study of the codication of Egyptian law under
Darius, see Reich, Codication . . . Darius action was almost certainly a compilation of pre-existing law rather than a reform of the legal system itself. See the
important remarks by Bresciani, Persian Occupation . . ., 5089. An overview of
the problems of codication in Egypt may be found in Mlze-Modrzejewski, Law
and Justice . . ., 26, and Pestman. Lorigine . . .
12
P. Cairo JdE 8012789130 and 8913789143 (written probably in the rst half
of the third century B.C.E., Tuna el-Gebel. Pestman, Lorigine . . ., believes that
internal references suggest an origin in the eight century). See Mattha and Hughes,
Hermopolis . . . A new edition with corrections has been made by Donker van Heel,
Legal Manual . . . A second century C.E. Greek copy of the manual survives, for which
see Rea, Oxy. xlvi (= P. Oxy. 3285), 3038. See the remarks by Tait, Carlsberg
236 . . ., 9495. For other law books, see Depauw, Companion . . ., 114. In addition
to the texts cited there, at the Fourteenth Congress of Papyrology, Oxford, a fragment
of a law book found during excavations at Saqqara was announced. See briey Pierce,
Demotic Legal Instruments . . ., 261. See also Zauzich, Weitere Fragmente . . .
13
P. Berlin 13621 and P. Cairo 50108 recto (Ptolemaic period, Thebes). Depauw,
Companion . . ., 11415; Mrsich, Zwischenbilanz . . . There is good evidence to suggest that written laws were cited in trials. See, e.g., Thissen, Zwei demotische
Prozeprotokolle . . .
822
1.3
Decrees
14
For the Ptolemaic period, see the survey by Seidl, Ptolemische Rechtsgeschichte,
1015.
15
Collected by Lenger, Corpus . . .; cf. Bingen, Les ordonnances royales . . .
16
The most famous of these is perhaps P. Tebt I 5 (118 B.C.E.) issued after the
civil war between Ptolemy VIII Euergetes II, and the queens Cleopatra II and III.
For an English translation, see Austin, The Hellenistic World . . ., 38288.
17
The ocial designation of the text is O. dem. L.S. 462.4. For the text, see
Bresciani, Registrazione catastal . . ., and La spedizione di Tolomeo . . .; Zauzich,
Von Elephantine bis Sambehdet . . . An English translation from the original
Italian translation of Bresciani is given by Burstein, The Hellenistic Age . . ., 12223.
The historical context of the document is treated by Manning, Land and Power . . .
18
Hu, Synodel-Dekrete . . .; Simpson, Sacerdotal Decrees . . ., 124.
1.4
823
Administrative Orders
Petitions
Another old feature of the Egyptian legal system is the right of private persons to petition high ocials and even the king himself. Such
petitions (mkmk) were addressed to an ocial in letter form and were
often a rst resort in resolving disputes.20 The tradition continued
under Ptolemaic and Roman rule, when the use of enteuxeis written
in Greek were common. The collection of ostraca known as the or
archive21 and P. Rylands 922 may have been composed in preparation for petitions that would initiate a legal dispute.
1.6
Transcripts of Trials
824
825
sales is known from abnormal hieratic and early Demotic texts beginning in the seventh century B.C.E. and through the third century
B.C.E. was at the rate of 10 percent.31 Only a tax on land conveyance
is known before the Ptolemies, when a general expansion of taxes
is recorded.
1.8
Oaths on Ostraca 32
Literary Sources
826
Organs of Government
827
828
The Courts 43
2.1.4.1 The power to judge was rst in the hands of the gods. The
king, as earthly guarantor of justice (Maat), was the nal arbitrator
of legal disputes, although he was rarely involved in practice. In theory, one could petition the king directly, as always.44
2.1.4.2 The administration of justice in Egyptian law was, in the
rst instance, in the hands of priest-judges who presided over local
courts ('.wy n wpy, lit., place of judgment, Greek laokritai ), which
met in front of the local temple gate.45 Divine oracles remained an
important method of arbitration.46 In the Ptolemaic period, there
42
The salt tax is, in the main, documented for the third century B.C.E.
Taubenschlag, Law . . ., 479524; briey treated by Diod. Sic. I, 7576.
44
Taubenschlag, Law . . ., 495.
45
Mlze-Modrzejewski, Chrmatistes et Laocrites . . .; Quaegebeur, La justice . . . On the title priest-judges, see Quaegebeur, La justice . . ., 207, n. 40.
These judges may have been selected from among the elders in the temple (Allam,
Egyptian Law Courts . . ., 120). These courts were not the same as the court of
thirty mentioned by Diod. Sic. 1.75. In the Fayyum, a laokrision appears to have
been a separate building (Allam, Egyptian Law Courts . . ., 123).
46
Erichsen, Demotische Orakelfragen . . .; Menu, Les juges gyptiens . . .; Martin,
The Child . . .; Zauzich, Orakelfragen . . .
43
829
Functions
Parties
Under Demotic law, both men and women were competent to bring
litigation in their own right.
3.2
Procedure
830
disputes before the local court was petitioned. P. Mattha often species
the chief of police? (tb-n-m '[?]) as the starting point of complaint
before a trial. Under the Ptolemies, in drawing up a complaint a petitioner notied the local strategos, who could judge the case himself or
turn the complaint over to the epistates or back to a local court for
judgment. A summons to appear before the local court was issued,
and a failure to appear could result in preemptory judgment against
the defendant.53 If a party claimed a right established in writing, the
defendant either had to acknowledge this right, and lose the case,
or swear an oath that no such right had been established. If proof
of wrongdoing was lacking, the burden of proof lay with the plainti,
who was required to have a defendant swear an oath in the local
temple that he had committed no wrong. The defendant was required
to take an oath before the local god in front of the temple in response.
3.2.1 Litigation over Title
In disputes concerning the ownership of real property, there was a
well-dened procedure by which a plainti made a public protest
( 'r).54 One made a public protest (r 'r) in each of three successive years in the face of the accused party or in absentia. If the
defendant did not respond within three years, the plainti was judged
to have a legitimate claim to the property in question. By such a
process, as opposed to a regular lawsuit, the burden lay with the
defendant, who was forced to answer the charge or lose legal claim
to the property in dispute. These protests were written complaints
drawn up by a notary and witnessed. By some unknown process,
they were made public.
3.2.1.1 Formal legal proceedings, for example, the swearing of oaths
or the witnessing of contracts, often took place in front of a temple
gate in the presence of priest-judges.55 The losing party in a lawsuit
was bound by contract to the decision.56 Under the Ptolemaic regime,
a representative of the government was present.57
53
831
The Trial 59
The trial itself began with a statement by the plainti in the case,
followed by a response from the defendant. Another round of response
and counter response followed. The judges (often members of the
local priesthood) veried testimony by asking questions and also had
authority to send out investigators through the chief of police to verify facts.60 Both parties were responsible for marshalling and presenting their own evidence, documents, and witnesses.
3.4
832
all rights to the disputed property and any future claim to the said
property.63 A rare type of text exists which records the end result of
litigation, beginning d=y qnb.t rm=k, I have disputed with you.64
4. P S
4.1
Citizenship
Class
Herodotus distinguished seven classes ( genos) within the social structure of fth-century Egypt: priests, warriors, cowherds, swineherds,
tradesmen, interpreters, and boatmen.67 Four centuries later Diodorus
Siculus described ve classes: farmers, herdsmen, artisans, priests,
and warriors.68 The classes of men listed by both classical authors
do in fact often appear as the titles of parties in Demotic contracts.69
63
P. Berlin 13554 (245 B.C.E.), discussed by Martin, Elephantine Papyri . . ., 36062,
esp. 361, n. 6. Cf. P. Mattha 6:3.
64
Zauzich, Die demotischen Dokumente, 101; Kaplony-Heckel, Tempeleide . . .,
11. At the conclusion of the so-called Erbstreit archive, the losing party entered
into an agreement before the strategos (P. dem. wiss. Strasb., 16).
65
Thompson, Memphis, 1012.
66
P. Tebt. 5 (118 B.C.E.).
67
Histories, 2.164.
68
Diod. Sic. I, 7374 specied ve classes: priests, warriors, herdsmen, husbandmen, and artisans. See the discussion in Lloyd, Herodotus.
69
Hence the connection would be that there were property-owning classes. In
all classical authors, the two groups identied by all were priests and soldiers, the
two large land-owning classes beside the king.
833
Women rarely, if ever, bear specic status titles in the legal documents but merely the generic term sm.t, woman.70
4.2.1 Ethnicity
Under the Ptolemies and the Romans, ethnic status was important
for specifying occupation and tax status. Ethnic designations of persons in ocial texts are common, especially from the Saite/Persian
through the Ptolemaic periods.71 The extent to which the titles reected
real ethnicity is debated.
4.2.2 Temple status
Egyptian society was rigidly hierarchical. Having status within a temple estate was normally the highest one could have. A member of the
priesthood in a temple enjoyed the most desirable status. Other sta
in the temple, such as craftsmen or herdsmen, indicated their status
by naming their title in contracts. The problematic term Occupation
title, servant (b3k) of DN may indicate such status within a temple
estate.72 However, the term servant of DN also bore religious
signicance. In the so-called self-dedication texts, individuals pledged
themselves to a god in return for protection from that god.
4.3
4.3.1 It has been usually assumed that women in Egypt at all periods had an independent legal status, held property in their own name,
and could make contracts and engage in business transactions independently from their husbands.73 This independence in Demotic legal
texts contrasts with the Greek institution of guardianship. Pestman,
however, has recently argued that caution is in order in interpreting
Demotic legal texts which prima facie look like they document the
complete legal independence of women but upon closer examination
reveal that men may have acted on behalf of women in contracts.74
70
P. Leiden I 379 mentions a sm.t w3-mw, perhaps to be translated the female
Chaochyte priest, but the title is disputed. I thank Koen Donker van Heel for
bringing the citation to my attention.
71
Mlze-Modrzejewski, Statut des Hellnes . . .; La"da, Ethnicity . . .
72
Manning, Land and Status . . . . A dierent opinion is expressed by Kessler,
Gottes-Diener . . .
73
Allam, Women as Holders of Rights . . .; Johnson, Legal Status . . ., 177.
74
Pestman, Appearance and Reality . . ., 8385.
834
Slavery
4.4.1 Terminology
As in Mesopotamia, the terminology of slavery clouds the issue. The
same word for slave, b3k, is used of servants who had been dedicated to a local god in exchange for protection as well as those who
had status within the temple estate. B3k is also a general term of
respect in letters.77 The term b3k, used of slaves, is not to be confused with the same word used in the title string occupation title
+ servant of god DN (b3k DN), found in texts from the fourth century B.C.E. to the early Roman period, or occupation + servant
of pharaoh (b3k pr-'3), found in Early Demotic texts. There the
term signies a status or service to the god or the pharaoh, technically a subordination to a superior and, as such, is honoric.
4.4.2 Self-sales (s b3k) into servitude appear only in Early Demotic
texts and only in a few examples which are subject to various interpretations.78 The texts specify that the indentured party must remain
an encumbered one (i.e., his labor is purchased) in exchange for
payment of subsistence. The making of these debt-slavery contracts
and in some cases that is what appears to be going onmay have
been banned by a decree of Amasis.79
75
Hughes, Cruel Father . . ., published a Demotic letter to the gods which
records the petition of two minor children, m-l swky who had been maltreated
and denied their inheritance by their father.
76
Pestman, Appearance and Reality . . ., 86.
77
Above, n. 72.
78
The so-called Rylands group. See Seidl, gyptische Rechtsgeschichte, 4648;
Menu, Cessions de Service . . ., 8386; Depauw, Companion . . ., 13637.
79
Menu, Cessions de service . . .; Donker van Heel, Abnormal Hieratic . . ., 181.
835
5. F
5.1
5.1.1
Marriage
Conditions
80
But see Smith, Marriage and Family . . ., 48. Cf. Johnson, Legal Status . . .,
179.
81
Eyre, Adultery . . ., 101 and n. 83, citing Kaplony-Heckel, Tempeleide . . ., texts
513, 1517, 19, 21.
82
Smith, Marriage and the Family . . ., 47.
83
P. Chicago Hawara I (Hughes and Jasnow, Hawara Papyri . . ., text 1, 365/64
B.C.E., Hawara). On the issue of consanguineous marriages in Egypt, see, inter
alia, Scheidel, Brother-Sister Marriage . . .; Shaw, Explaining Incest . . .
836
Divorce 90
5.1.3.1 Form
In theory, either party to a marriage could dissolve the marriage by
simple declaration or by leaving. In practice, it was the woman who
normally left. The terms used were expulsion or repudiation
84
It is likely that by the Ptolemaic period this gift was a legal ction, and no
actual sum of money changed hands.
85
The term used is notwendige Entgeltlichkeit. For the literature, see MlzeModrzejewski, Bibliographie . . ., 107.
86
The distinctions between these types of agreements may be based solely on
regional traditions in Egypt, that is, between the Fayyum and the Nile Valley.
Demotic texts from the Delta have only recently been discovered. See Chauveau
and Devauchelle, Rapport . . .
87
The gift is referred to as the wifes gift, p n m.t and the document which
records this type of arrangement is known as the womans document, s n sm.t.
88
This gift was the dowry provided by the father of the bride and was termed
the money to become a wife ( n r m.t). In one unusual case from Early
Demotic (Persian period) described by Martin, Marriage Contract from Saqqara,
this phrase was used to describe the gift from husband to wife.
89
For the three exceptions, see Martin, Marriage Contract from Saqqara,
197, n. g.
90
Pestman, Marriage . . ., 5879.
837
(3' ) or, employed of the wife alone, departure (m).91 The divorce
document formula usually begins: I have divorced you as wife today.
The divorce decree stated that the woman was free again to marry.92
Property arrangements for the woman and any children were followed according to the type of agreement.
5.1.3.2 Consequences
No grounds were necessary for either party desiring a divorce. The
standard formula of the marriage contract runs: If I divorce you,
whether because I hate you or because I desire another . . .93 Presumably, the woman had a similar capacity to make such a declaration, although the contracts were always written with the husband
making the declarations. If the wife sought divorce, she had to return
half of the capital given to her. If the husband sought divorce, he
was required to pay a ne. If only the womans personal possessions
were used as collateral for maintenance, they had to be returned. In
rare cases, there are divorce documents which specify a specic sum
payable by the party responsible for the divorce. Such divorce documents served to protect the woman from any future claim by the
ex-husband.
5.2
Children
Ibid., 60.
These divorce deeds are rare. Twelve have been published, deriving from
Thebaid, Thebes and Aswan, and involving a limited number of families. See the
comments of Pestman, Marriage . . ., 73. Two early (one Saite, the other Persian
period) divorce decrees were discussed by Cruz-Uribe, A Look at Two Early . . .
An early divorce document with an oath conrming a division of property is discussed by Vleeming, Demotic Doppelurkunde, 15570.
93
This clause is attested already in the cursive hieratic documents.
94
P. BM 10845; see Hughes, Cruel Father . . .
95
Assmann, When Justice Fails . . .
92
838
5.3
Adoption
Types of Property
Demotic law made the distinction between real and movable property.
Real property consisted of land, houses, and gardens/orchards; movable property consisted of priestly oces, income from endowments/
mummies97 (choachytes), and animals. Both movable and immovable
property could be divided into shares. In both cases, it was often the
division of income rather than a physical division which was eected.
6.2
Land Tenure
839
Inheritance104
Since a complete law code has not come down to us, the rules of
inheritance are reconstructed in part using P. Mattha, and in part from
the surviving family archives. There are, as a result, many exceptions
to the following outline. The anxiety of dying without an heir is attested
even in mortuary literature.105 During the lifetime of their parents,
children had a right to expect (Anwartschaftsrecht) that the inheritance
from both of their parents would reach ( p) them, although they
could be disinherited for a variety of reasons and would usually
assume ownership after the death of the testator.106 In theory, males
and females inherited property equally from both parents. Future
children were endowed with their fathers property through the marriage agreement between husband and wife. The eldest son, who acted
as trustee for the other children, was entitled to receive an extra share
because he was responsible for the burial of his parents. The rights
every [title of property] and every matter of a free one of mine. See Pestman,
Marriage . . ., 11720.
99
Under the Ptolemies, the land was termed cleruchic land and, while originally a life tenure in exchange for the promise of military service when called, by
the end of the Ptolemaic period, the land was fully heritable.
100
Taubenschlag, Law . . ., 25663.
101
P. Mattha 8:12; P. BM Glanville, 10522 (297 B.C.E., Thebes).
102
P. BM Glanville 10524 (290 B.C.E., Thebes).
103
Taubenschlag, Law . . ., 261; Glanville, Notes . . .
104
Pestman, Law of Succession . . ., and Inheriting . . .
105
Smith, BM 10507, 64, with further literature. Cf. Leahy, Two Donation
Stelae . . ., 89.
106
P. BM 10079A, and Reich, Pap. Jur. Inhalts . . ., 6873.
840
107
6.3.2
841
Male Inheritance
Ibid., 6871.
Pestman, Inheriting . . ., 62.
Pestman, Law of Succession . . ., 68.
Ibid., 64.
Pestman, Inheriting . . ., 62, and La succession . . .; P. Mattha 8:309:26.
842
6.3.2.6 In the case of a lack of heirs, adoption was used (see 5.3
above).
6.3.3 Female Inheritance
Women had the right to inherit a share of all property, including
land.121 In practice, this inheritance was given in the form of a dowry
before marriage. If there was no eldest son, the eldest daughter
received an extra share.122
6.3.4 Marital Gifts
We do not know of a separate term that distinguished a dowry from
the property brought by the woman into the house of her husband.
They may have been one and the same. Such property was termed
the things of a woman (nkt.w n s.m.t).
6.3.4.1 We hear about four categories of property exchanged at
the time of marriage: the things of a woman, the money for
becoming a wife ( n r m.t), the annuity (s'n), and the gift to
a wife (pn m.t). No Demotic contract mentions all four of these,
and it is clear from the texts that what we have is the preservation
of local traditions as well as changes over time in the practice of
marriage agreements.
6.3.4.2 The things of a woman are goods brought into the marital household. They were listed and given valuation in money terms
in certain types of marriage agreement. The husband acknowledged
that these goods have come into his house, as well as their present
value and the total value of the items. The items consist of vessels
of various typesfurniture, clothing, jewelry, and the like. During
the marriage, the husband claimed a right of use, while the woman
retained the right of disposal. Upon divorce, the husband was required
to return the items, a monetary equivalent, or a substitute.
6.3.4.3 The money for becoming a wife was a gift of the bride
to the husband, normally in money. The husband acknowledged
receipt of it and promised to return it if asked to do so. It may have
functioned similarly to an annuity.
121
For an overview of the status of women in ancient Egypt, see Johnson, Legal
Status . . .
122
Pestman, Inheriting . . ., 61.
843
844
7.1
Parties
In contrast to Greek law, both men and woman could form contractual relationships independently under Egyptian law.128 Children
named as parties to contracts were normally aided by an adult.
7.2
Sale
845
846
Special Sales
847
Hire
7.4.1 Animals
If livestock was commonly leased out for agricultural work, the
Demotic evidence for such activity is exceedingly rare.141 Some of
the early Demotic leases were probably transacted between two
groups, those who held land and those who owned draught animals.142 Most of our evidence comes from the public sphere, where
royal farmers were provided with public (or commandeered) animals
for plowing (oxen) and hauling (donkeys or camels).143
7.4.2
Real Property
848
clauses than later Demotic leases. Leases of farm land were normally
for one agricultural year (from the water of year x to the water of
year x + 1). The plots were usually quite small. We know from Greek
sources that leases of land for growing fruit trees were for longer
terms because of the nature and the risks inherent in fruit production. They may have been renewable, but Ptolemaic leases have a
clause that prohibits extension of the lease. It is generally agreed
that in most cases the lessor kept the written lease contract until the
termination of the lease, when it was returned to the lessee.145 Third
parties may also have kept the contract until all conditions were
satised.146 In Early Demotic leases, the size of the leased plot is not
indicated, and the rent was always a share of the harvest.147 In later
leases, rent was either a xed share or a percentage of the harvest.148
There was generally a regional variance in the form of the Ptolemaic
lease. In the Fayyum, lease contracts required rent to be paid in
advance (prodomatic).149 In Upper Egypt, the lessee declared, You
have leased to me . . . In the Fayyum, it was the lessor who declared,
I have leased to you . . . The rule of Hughes that it was the weaker
legal party who drew up the lease in general holds.150 Legal weakness was determined by who paid the harvest tax. In Ptolemaic
Upper Egyptian leases, the lessee paid the harvest tax and the rent,
after the harvest. In Fayyumic leases, it was the lessor who was
responsible for the harvest tax, since normally at least part of the
rent was delivered in advance.151 The start and termination of the
without formal written leases. The survey of land each year and the recording of
tenants obviated the need for written lease contracts. See Shelton and Keenan,
Tebtunis IV, 7. For leasing practice, P. Mattha is of great importance.
145
Martin, Land Lease . . ., 172.
146
Vleeming, Gooseherds of Hou, 87.
147
Hughes, Saite Demotic Leases . . . The early Demotic leases date from the reign
of Amasis (Saite period) and derive from Thebes. The earliest written leases now
date to the reign of Taharka and are written in cursive hieratic, published by
Donker van Heel in RdE 48, 49, and 50. New editions of the Saite leases are published by Donker van Heel, Abnormal Hieratic . . . Hughes, text 1 = Donker van Heel
suppl. 24; Hughes text 2 = Donker van Heel text 5; Hughes, text 3 = Donker van
Heel, text 6; Hughes, text 4 = Donker van Heel, text 17; Hughes, text 5 = Donker
van Heel, text 19; Hughes, text 6 = Donker van Heel, text 20; Hughes, text 7 =
Donker van Heel, text 21.
148
Felber, Demotische Ackerpachtvertrge . . ., 15158. On the so-called Teilpacht
type of lease, see ibid., 155; Herrmann, Bodenpacht . . ., 20413. For the harvest
share in earlier Demotic texts, see Donker van Heel, Abnormal Hieratic . . ., 4344.
149
Hughes, Saite Demotic Leases . . ., 3134.
150
Hughes, Notes . . ., 152.
151
Felber, Demotische Ackerpachtvertrge . . ., 118.
849
Exchange 154
Loan158
850
7.6.1 Terms
Loans of money have the format of an acknowledgment of the debt
by the borrower.160 Another type of loan of money comes in the
form of a mortgage, in which the borrower pledges (by means of a
s [n] db3 instrument) real property in exchange for a loan of
money.161 If the borrower defaults he is forced to convey the pledged
property by means of a cession document (s n wy), thus eecting a
true sale. Loans of specie do not specify the rate of interest. The
debt was repayable in grain or wine, the latter being more common
in the Ptolemaic period.
7.6.2 Interest
Loans of money do not separate principal and interest. One sum is
mentioned in the acknowledgement, and it is presumed that the
interest is included in the sum. When the interest is occasionally
specied, it is high: 50100 percent interest on money,162 50 percent
on loans in kind. The Ptolemaic administration limited the interest
rate on money loans to 2 percent per month, 24 percent per annum.163
7.6.3
Repayment
160
851
Pledge 169
Partnership
852
7.10
Suretyship173
Temporary Transfer175
173
853
8. C D180
Our knowledge of the criminal law is imperfect and indirect. Since
there does not exist any codied Demotic law, our information about
crime derives from records of disputes, mainly from oaths written
on ostraca on which is recorded the denial of wrongdoing by a party
before witnesses with an invocation of the names of the local god.
A central issue here is the degree to which the state and state institutions intervened in private disputes by dening specic areas of
criminal law, including tort law.181 As far as we know, there was no
legislation in this area. On the whole, crime was considered a private wrong and was resolved within the village or within a family,
without state intervention; hence there is little documentation. The
mention of murder is relatively rare, even in the Greek papyri.182
To be sure, violence was an everyday feature of village life, but the
degree to which the state was involved in preventing or in punishing is debatable. In criminal cases, petitions were addressed to a
variety of local police ocials.183 The police force was largely responsible for maintaining order in the countryside as it related to royal
businessthe collection of taxes, guarding of dykes, the transportation of grain, and the like.184
8.1
Theft
Theft was one of the concerns of the Ptolemaic rural police force,
but we hear about this in the main from Greek papyri and in
Demotic literary texts.
8.1.1 Theft of Animals
The apparent theft of a bull by farmers on a temple estate in the
reign of Amasis was resolved by the son of the owner suing the
farmers. He was paid compensation for the bull.185
180
Taubenschlag, Law . . ., 42978. Studies based on the Greek material are
Baldwin, Crime and Criminals . . ., and Davies, Investigation . . .
181
See Eyre, Adultery . . ., 9293.
182
Hobson, Impact . . ., 205, n. 2. In the Greek papyrus P. Tebt I 14, the village scribe was responsible for the investigation of a murder. Murder does, of course,
lurk in the background and is implied in texts such as P. Rylands 9 as a motive
to grab priestly oce, or as in the Setne romance from the Ptolemaic period as a
means of getting rid of heirs.
183
Taubenschlag, Law . . ., 537.
184
Thompson, Policing . . .
185
P. dem. Michigan 3523; Cruz-Uribe, Saite and Persian . . ., text 4.
854
8.2
Sexual Oenses
8.2.1 Adultery
We may presume, on the basis of earlier Egyptian evidence, that
adultery was a serious wrong and that women adulterers suered
more than men. In some early Demotic agreements, women lose
their right to reclaim their dowry if found guilty of adultery.186 In
the Ptolemaic period, the rules of religious associations provided that
a member who committed adultery with another members wife be
expelled from the association.187 From the Instructions of 'Onchsheshonqy, we learn that if a woman committed adultery the blame lay
with the husband.
8.2.2 Temple precincts were ritually clean places and it was therefore a violation of the rules of ritual purity for anyone to have sex
within a temple precinct. There were also food restrictions within at
least some temple sanctuaries.188
9. S I
9.1
186
855
191
Ibid., 161.
See 2.1.4.2 above for the bibliography on oracles.
193
The text comes from Elephantine. See further Martin, The Child . . ., esp.
2069; Martin, Demotic Texts . . ., text c18.
192
856
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863
EGYPT
ELEPHANTINE
Bezalel Porten
1. S L
Persian period Elephantine merits special treatment because it has
yielded a rich crop of Aramaic papyri and ostraca. An even larger
amount of material has emerged from Saqqarah, but while a
respectable amount of the Elephantine material is intact, virtually all
of the Saqqarah pieces are fragmentary. Aramaic was the lingua
franca of the Persian Empire and while almost all the Elephantine
material stems from a Jewish military colony, that from Saqqarah is
free of Jewish reference. There are no law codes or royal edicts, but
private contracts, court records (Saqqarah only), letters private and
ocial, fragments of the Bisitun inscription, and the Words of Aiqar.
1.1
864
rights (EPE B24, 31). The parties regularly (except for Egyptians),
and witnesses and neighbors occasionally, were identied by ethnicon (Aramean, Babylonian, Bactrian, Caspian, Jew, Khwarezmian),
occupation ([member] of a [military] detachment, builder, boatman,
[Temple] servitor), and usually by residence (Elephantine, Syene) as
well. The numerous witness signatures attest a high degree of literacy
among the colonists. Upon completion, the papyrus was rolled up to
the top, folded to the right and to the left in thirds, tied, and sealed.
1.2
Court Records
Letters
The Elephantine papyri yielded some ve ocial or semi-ocial letters (TAD A5.15), and an additional sixteen letters stem from the
archive of the satrap Arsham (EPE B1011; TAD A6.316). The one
reasonably intact in the rst group is a petition for redress of grievances (TAD A5.2). Most of the Arsham letters are addressed from
abroad to his deputies in Egypt in response to complaints or appeals.
They show the satrap intimately involved in matters large and small,
civil and criminal.
1.4
Scholastic Document
The Words of Aiqar contains some 110 sayings (TAD C1.1). While
none has explicit judicial import, eight sayings counsel obedience to
the king (nos. 610, 12, 1415).
1.5
Historical Document
865
2. C A L
2.1
The King
866
2.2
The Administration
867
A demotic receipt of 487 indicates that Parnu was [he of Tshet]res, to whom
the fortress of Syene is entrusted (EPE C35:3; cf. C11:1). Does this mean that
both top positions were at the time combined in one person?
868
appointed his son Nafaina Troop Commander. The father authorized, and the son executed, the destruction of the Jewish Temple
during Arshams absence on home leave with the king (EPE B1920).
The destruction of the Temple opens a window on the activity of
two sets of provincial ocials unattested elsewhere. A petition of an
unknown addressor urges the unknown addressee to have an investigation undertaken by the judges, overseers (tiftaye), and hearers who are
appointed in the province of Tshetres and verify the truth of their
version of events (EPE B17:810). The tiftaye appear last in a biblical
list of seven sets of ocials, beginning with the satrap (Dan. 3:23),
while the hearers are better known in classical sources as the kings
ears, that is, intelligence agents.3 The judges, on the other hand,
are widely attested in the Elephantine documents, and several instances
have already been mentioned above. It is likely that the provincial
judges and the royal judges were the same, all appointed by the king
or his deputy, the satrap. Like the other ocials, they, too, functioned
as a group. A suit against Mahseiahs ownership of a piece of land was
brought before Damidata and his colleagues the judges (EPE B24:6).
In a formulaic waiver-of-suit clause, the judge sometimes appears
alongside lord and regularly alongside sgan (TAD B2.3:13; 3.1:13,
19, 3.12:28; 4.6:14). The latter title, rendered prefect, appears frequently in contemporary Judah, following nobles (Neh. 2:16, 4:8,
13, 5:7, 7:5); it follows governors in other biblical accounts ( Jer.
51:23, 28, 57; Ezek. 23:6, 12, 23) but follows satrap and precedes
governors in the above-cited list from Daniel (3:23) and is not
found elsewhere in the Elephantine documents.
2.2.3 On the local level were two organizations, perhaps intertwined
and overlapping, a military and a civilian one. The former was the
Troop, headed by the Troop Commander, and it was divided into
detachments, headed by a person with a Babylonian or Persian name.
There was a Jewish Troop and a Syenian Troop. The latter term
designates a group primarily of non-Jews that receives rations (TAD
C3.14, esp. line 32). The former appears twice, as the addressee along
with Jedaniah son of Gemariah, of the Passover Letter (EPE B13)
3
Porten, Archives from Elephantine, 5051. For the meaning of tiftaye, see Muraoka
and Porten, Grammar . . ., 373, and the reference there to discussion in W. Hinz. This
interpretation, rather than police, is the one preferred by Iranologist Shaul Shaked.
869
The Courts
Evidence
870
Orders
At the conclusion of the court case, one of the parties, usually the
complainant, drew up a document of withdrawal mentioning his
original complaint, the action of the defendant in response, the satisfaction of the plainti, and his consequent withdrawal from the
defendant and/or the object of the complaint. The objects in dispute were funds and assorted goods, including a marriage contract
(EPE B30), assorted goods left on deposit (EPE B31), a plot of land
(EPE B24), and an unidentied hyr ", probably realty of sorts. This
latter object was involved in an unusual case of suit and countersuit and was settled by a ve-shekel payment (EPE B35).4
3.3
3.3.1 The Elephantine documents have yielded one fragmentary petition which involved the use of a eld held in a seven-year hereditary
lease. The petitioner had been interrogated before Taru and the
judge and was now claiming that an injustice had been done to
him. In broken context, further reference is made to the Troop
Commander, various ocials, and the judges of the province. The
petition ends with the plea Let an injustice not be done to me . . .
(TAD A5.2).
3.3.2 In a formulaic waiver-of-suit clause, the judge sometimes appears
alongside lord and regularly alongside sgan (TAD B2.3:13; 3.1:13, 19,
3.12:28; 4.6:14), but it is not clear if there was any hierarchy of appeal.
871
4. P S
4.1
Citizenship
4.1.1 In his petition to Bagavahya, Jedaniah referred to his compatriots as citizens of Elephantine, using a term well-established in
Hebrew, Aramaic, and Phoenician in the expression citizen of GN
(EPE B19:22, with references). A follow-up petition by Jedaniah lists
in columnar form four additional leaders, all ve of whom are designated Syenians who in Elephantine the fortress are heredi[taryproperty-hold]ers (EPE B22:56). With a dierent meaning, this
same term (b'l ) was used to distinguish between a member of a
town and a member of a detachment (EPE B23:9, 29:10, 31:10).
4.1.2 All the Jews and Arameans in the contracts were identied
by their detachment, with the exception of Ananiah son of Azariah,
called servitor of the God YHW or variations thereof (see on EPE
B35:2). In three instances, we also nd a woman aliated with a
detachment: Mibtahiah with the detachment of her father Mahseiah
(EPE B30:23, with note), "wbyl with that of her husband Bagazushta
(EPE B37:2), and the sisters Miptahiah and Eswere daughters of
Gemariah (EPE B49:12).
4.1.3 Every member of a detachment was also identied by his or her
ethniconJew, Aramean, Bactrian, Caspian, or Khwarezmian. Once or
twice an ethnicon was attached to the name of a witnessBabylonian
(EPE B24:19) and Mede (EPE B39:17). Egyptians were never identied
by ethnicon, only by occupationbuilder of the king (EPE B28:2),
builder of Syene the fortress (EPE B30:2), or boatman of the rough
waters (TAD D2.11:1; cf. EPE B23:13, 24:11, 25:8, 45:20).
4.2
Class
872
4.3
873
Slaves
4.4.1 A slave was chattel, seizable as security for unpaid debt, just
like realty and movables (EPE B34:710, 46:911). The tag his/her
name (mh) was regularly added to the name of a subordinate,
whether chattel slave or servant of the king, while a slave bore a
brand on his/her right hand: (Belonging) to PN (EPE B33:47, 39:3;
TAD D7.9:38). Jews held Egyptian slaves, traded in them, married
them, bequeathed them, and emancipated them. After the death of
the woman Mibtahiah, her sons divided up between themselves two
874
of her four slaves and kept the remaining mother and minor child
in joint ownership till a future time (EPE B33). A slave was usually
liated to his mother, and if houseborn would have a Hebrew name.
Under unknown circumstances, Zaccur son of Meshullam gave to
Uriah son of Mahseiah the child Jedaniah son of Takhoi, and in
the document before us, Uriah promised in the presence of the
Troop Commander, under a three hundred shekel penalty, not to
enslave him or otherwise brand him but to consider him his son
(EPE B42).
4.4.2 The most striking case is that of Ta(p)met. Since she was
known by the name of her father Patou, the suggestion lies to hand
that she was originally freeborn.5 At some point she was acquired
by Meshullam son of Zaccur, father of the Zaccur (above) who transferred the slave Jedaniah to Uriah. Meshullam gave Tamet in marriage to the Temple ocial Ananiah son of Azariah (449 B.C.E.), but
not before the birth to the couple of the child Pilti (EPE B36).
Infrared photography aids in exposing the haggling between master
and groom that underlay the erasures and additions in the document (see below).6 Though not emancipated by her marriage, as wife
she attained equal rights in case of repudiation and upgraded status
in case of widowhood.7 Three years after Anani acquired a piece of
abandoned property, he bestowed (434 B.C.E.) a room therein to
Tamet, designated lady (EPE B38:2) without the tag her name.
Perhaps this bequest was made on the occasion of the birth of a
second child, the daughter Jehoishma. In 427, Meshullam drew up
a deed of manumission (document of withdrawal) for Tapmet and
her daughter Jehoishma: I thought of you in my lifetime. Employing
an Old Persian loanword, he continued (To be) free (azta) I released
you at my death along with Jehoishma whom you bore me, that
is, in the legal sense. Further expressions included the metaphor you
are released from the shade to the sun and the symbolic you are
released to God/the god. The release was conditional and partial.
Mother and daughter obligated themselves to serve Meshullam and his
son Zaccur after his death, as a son or daughter supports his father
5
875
Marriage
876
5.1.2 The dowry consisted of cash; woolen and linen garments and
bronze utensils, each one priced; and a long list of perishable items
and oils (EPE B28:616, 41:521; TAD D3.16 for a fragmentary
dowry list). Almost eighteen years after his daughters marriage, Anani
labeled his bequest to her an after-gift since it is not written on
your document of marriage (EPE B44:89). Yet such documents
did not include realty. The husband was responsible for the dowry.
5.1.3 In case of repudiation by either party, the dowry reverted to
the wife. All three marriage documents contained mutual provisions
to the eect that should (s)he stand up in a congregation and say
I hated PN my husband/wife, that party was obligated to pay the
other one money of hatred, and the wife was entitled to go away
wherever she desired, or return to her fathers house, as the case
might be (EPE B28:2231, 36:710, 41:2128). Considering that the
dowries for the free woman ran between 65.5+ and 78.125+ shekels,
hatred money of 7 1/2 shekels was not much. For the handmaiden
Ta(p)met, whose dowry amounted to 22.19+ shekels (EPE B36:67,
16), it was not such a small sum.10 If pronounced by the woman, it
would mean denial of conjugal rights.11 The term for divorce in the
documents is trk, expel (EPE B36:14 and n. 24), the same term
used to designate the expulsion of a widow from her former husbands house (EPE B28:2931, 41:32). All three marriage documents
also contained mutual provisions of succession. Upon the death of
either spouse, the couple being childless, the survivor took over all
the property of the deceased, there being distinct dierences between
his right to inherit her and her right merely to control or
(EPE B28:1722, 41:2830, 3436; cf. B36:1013).
5.1.4 Since a man might have more than one wife, either at the
same time or in succession, special protection was oered the woman.
Thus Esor assured the widowed Mibtahiah that he had no other
wife or children besides Mibtahiah (EPE B28:3235) and Ananiah
assured Jehoishma that he would not take another woman besides
10
The accepted explanation for hate (n") in the Elephantine documents has
been divorce, yet there are cogent arguments to prefer repudiation, i.e., demotion of the woman as a beloved, primary wife (cf. the situation of Rachel and
Leah [Gen. 29:3133] and the Deuteronomic law on the rights of the rst-born
[21:1517]). See Szubin and Porten, Repudiated Spouse . . .
11
Porten and Szubin, Status . . ., 5556; EPE p. 181, n. 42.
877
878
B29:26). That houses were freely bought and sold is evident from
a private letter of the last quarter of the fth century, wherein Hosea
advises aggus to sell two houses, apparently to pay o a fty-shekel
debt (EPE B9:46). A recurrent feature in the transfer clauses of the
house of Anani was a brief description of the property, showing how
it was rundown when bought and built up over the years, with courtyard, windows, beams, and doors (EPE B37:45, 40:34, 43:1213,
44:23). When available, pedigree was also cited: the house of "pwly
(EPE B37:4), which I bought from "wbyl . . . and Bagazushta (EPE
B38:3), which I bought for money and its value I gave (EPE B43:3),
which we bought for silver from Bagazushta . . . that is the house
of Ynbwly (EPE 45:45); and from one of the house documents of
Mahseiah: which Meshullam . . . gave me for its value and a document he wrote for me about it (EPE B29:3). Failure to cite pedigree in another of Mahseiahs documents (EPE B25) was tantamount
to a confession of adverse possession. A regular feature in the house
documents, as they were labeled in the external endorsements, was
identication of the house by its four neighbors. Unlike the demotic
documents, which regularly cited the southern boundary (upstream)
rst, the order in the Aramaic documents varied according to circumstances.12 Some documents also cited the measurements of the
conveyed property (EPE B25:45, 38:58, 40:4, 45:68).
6.3 Several clauses or sub-clauses were part of the transaction section, namely, Satisfaction, Withdrawal, and Investiture. Upon receipt
of payment the seller stated, our heart was satised herein that
there did not remain to us (incumbent) upon you (any) of the price
(EPE B45:6), or simply, our heart was satised with the payment
you gave us (EPE B37:67). There was to be no more quibbling
over price; payment was nal and in full.13 Satisfaction led to withdrawal from the property in favor of the new owner (lit., we are
far from it from this day and forever: EPE B37:11).14 The seller
then armed the buyers complete rights to the property, his rights
and those of his children, his right to give it away, and his right to
sell it (EPE B45:2224). In other words, he passed on to him com12
TAD B, p. 177.
See the major work on this clause, with its origins in Sumerian and its continuation in the demotic documents, by Mus, Studies . . .; and the strictures of
Yaron, Review of Mus, Studies . . ., and Westbrook, His Heart is Satised . . .
14
See Botta, Interrelationships . . .
13
879
880
until later [EPE B44:11]), and so the father donor was obliged to
add a waiver of reclamation (EPE B25:1819 with n. 52, 44:911)
and, like in sales, a renunciation of any new [i.e., recent] or old
document that might supersede the present one (EPE B25:1518,
43:2122, 44:1517). In most cases, these bequests were meant to
remain within the family and not be alienated by the recipients to
outsiders. The investiture clause stated, To whomever you love you
may give it (EPE B25:910 with n. 33, 43:21), that is, whichever
heir or beneciary you prefer. The various deeds of withdrawal have
been discussed above.
7. C
7.1
Loan
Money and grain were borrowed, lent, and owed, and promissory
notes were drawn up by the debtors laying down the amounts and
terms of payment. No two contracts are alike, but the amounts at
hand are no more than a few shekels. We may distinguish between
actual loan contracts, where the debtor stated something like I came
to your house in Syene and borrowed from you and you gave me
emmer (EPE B46:24) or simply You gave me (a loan of ) silver
(EPE B34:3 [4 shekels], 48:1 [3 1/2 shekels]), and deeds of obligation, which began, You have (a claim) on me (for) silver (EPE
B51:3 [2 shekels]; TAD B4.5:23 [4 shekels]). The cash loans were
for a year at 5 percent monthly interest. In one case, failure to pay
at the end of the year allowed the creditor to seize any of the debtors
property as security until payment was made, while his heirs inherited the debt (EPE B34). In the other case, the debt was to be repaid
from the debtors monthly government allowance and failure to pay
by years end meant that the outstanding balance was doubled and
continued to bear interest (EPE B48). In contrast to these stringent
terms are the conditions for the grain loan. The grain was to be
repaid out of the monthly ration, apparently without interest. Failure
to do so within a grace period of twenty days entailed a ten-shekel
penalty, which was likewise inherited by the heirs, whose property
could be seized as security (EPE B46).
881
A
EPE
B. Porten, The Elephantine Papyri in English
TAD A-D B. Porten and A. Yardeni, Textbook of Aramaic Documents
B
Botta, A.F. Interrelationships between Aramaic and Demotic Legal Traditions: An
Egyptological Approach to the Withdrawal Clause in the Elephantine Aramaic
Documents. Ph.D. diss., Hebrew University of Jerusalem, 2001.
Grelot, P. Documents aramens dgypte. Paris: Cerf, 1972.
Mus, Y. Studies in the Aramaic Legal Papyri from Elephantine. Leiden: Brill, 1969.
Muraoka, T., and B. Porten. A Grammar of Egyptian Aramaic. Leiden: Brill, 1998.
Porten, B. Archives from Elephantine: The Life of an Ancient Jewish Military Colony. Berkeley:
University of California Press, 1968.
. The Aramaic Marriage Contract of the Handmaiden Tamut (Hebrew). In
Bible and Jewish History: Studies in Bible and Jewish History Dedicated to the Memory of
Jacob Liver, ed. B. Uenheimer, Tel Aviv: Faculty of Humanities, Tel Aviv
University, 1971, 30729 with 4 photographs and 2 gures.
. The Elephantine Papyri in English: Three Millennia of Cross-Cultural Continuity and
Change. Leiden: Brill, 1996.
, and A. Yardeni. Textbook of Aramaic Documents from Ancient Egypt Newly Copied,
Edited and Translated into Hebrew and English. 4 vols. Jerusalem: Academon, 198699.
, and H. Szubin. Abandoned Property in Elephantine: A New Interpretation
of Kraeling 3, JNES 41 (1982) 12331.
, and H. Szubin. The Status of the Handmaiden Tamet: A New Interpretation
of Kraeling 2 (TAD B3.3), Israel Law Review 29 (1995) 4364.
Szubin, H., and B. Porten. Litigation concerning Abandoned Property at Elephantine
(Kraeling 1), JNES 42 (1983) 27984.
, and B. Porten. Royal Grants in Egypt: A New Interpretation of Driver 2,
JNES 46 (1987) 3948.
, and B. Porten. The Status of a Repudiated Spouse: A New Interpretation
of Kraeling 7 (TAD B3.8), Israel Law Review 35 (2001) 4678.
Westbrook, R. The Phrase His Heart is Satised in Ancient Near Eastern Legal
Sources, JAOS 111 (1991) 21924.
. The Female Slave. In Gender and Law in the Hebrew Bible and the Ancient Near
East, ed. V. Matthews et al. JSOTSuppl 262. Sheeld: Sheeld Academic Press,
1998, 21438.
Yaron, R. Introduction to the Law of the Aramaic Papyri. Oxford: Oxford University
Press, 1961.
. Review of Mus, Studies . . . RB 77 (1970) 40816.
883
MESOPOTAMIA
NEO-ASSYRIAN PERIOD
Karen Radner
1. S L1
1.1
Law Codes
884
These are the richest source, both in quantity and in the sort of
information they oer. More than two thousand legal documents are
known, all of which are sealed, dated, and witnessed in order to be
legally valid.5 The earliest texts date to the late ninth century, but
the majority stem from the seventh century.
1.3
Royal Decrees
Recorded are grants of land and tax exemption to individuals (usually high ocials) or temples, royal decrees for the maintenance of
temples, and appointments of ocials.6 These texts date from the
ninth to the late seventh century.
1.4
Letters
4
Radner, Privatrechtsurkunden . . ., 818 on the provenance and editions of the legal
documents.
5
Ibid., 20.
6
Recently re-edited in Kataja and Whiting, Grants . . .
7
Parpola, Royal Inscriptions . . ., esp. 11724 on the provenance and dating
of the letter corpora.
8
The administrative texts from Nineveh have been recently edited in Fales and
Postgate, Administrative Records . . . I, and Administrative Records . . . II. Similar texts have
been excavated in many other sites; the most important are Kalhu, Assur and Guzana.
-
1.6
885
Realia
Imperial Structure
The Neo-Assyrian state was the rst true world empire. Its territory,
at the peak of Assyrian power in the late eighth and in the seventh
century, stretched from Anatolia to Egypt and from Cyprus to Iran.
2.1.1 Although Babylonia was dominated by Assyria for most of the
eighth and the seventh century, it was never seen as a part of Assyria,
neither by the Assyrians nor by the Babylonians. This is shown especially by the fact that the Assyrian kings were crowned as kings of
Babylonia, sometimes even bearing another throne name. Although
an attempt was made to superimpose the Assyrian administrative
structure, the Babylonian cities10 especially kept most of their independence in legal matters: documents were phrased and dated in
the Babylonian way and municipal ocials kept their traditional
titles.11 The situation in Babylonia is excluded from the present study.
886
2.1.2 For the rest of the empire, however, a high level of cultural
homogeneity was achieved. With the help of a massive deportation
policy,12 a multi-racial and multi-ethnic state was created13 and nationalistic tendencies successfully avoided. With the help of a closely-knit
web of trac routes14 and a well-organized communications network,15
the empires center was linked to the provinces administrative capitals.
The provincial capitals were modeled after the cities of the Assyrian
heartland. The top ocials in the provinces came from the empires
center, but collaborated closely with the local gentry. Neo-Assyrian
was the ocial language within the empire,16 although other languages
were widely used, the most important of which was Aramaic.
2.2
Organs of Government
The King
2.2.1.1 The king, as the chosen representative of the gods, was the
head of the state and thus the head of the administration. His power
was absolute, restricted only by his being answerable to the gods as
the ideal king who was supposed to exercise a just rule.17 The attributes expected of a king are well illustrated by a passage from
Assurbanipals Coronation Hymn:18
May eloquence, understanding, truth and justice be given to him (i.e.
Assurbanipal) as a gift! May the people of Assur buy thirty kor of grain
12
887
for one shekel of silver! May the people of Assur buy three seah of
oil for one shekel of silver! May the people of Assur buy thirty minas
of wool for one shekel of silver! May the lesser speak, and the greater
listen! May the greater speak, and the lesser listen! May concord and
peace be established in Assyria! Ar is kingindeed Ar is king!
Assurbanipal is the [representative] of Ar, the creation of his hand.
2.2.1.2 Being the highest administrative ocial, the king was also
the supreme judge. Although he is not attested as the ocial exercising judicial authority in legal documents, ample evidence for this
function of the king is found in letters. The Kings Word (abat
arri )19 overruled any earlier decision, and thus many individuals who
felt unfairly treated appealed directly to the king. The ocials concerned were sometimes less than happy to hear that the kings help
had been asked for: a provincial ocial complained bitterly to Sargon
II that he had not been consulted before a certain man pleaded to
the king.20 There were two ways to appeal to the king: either a written petition was addressed to the king or an audience was requested.
In the latter case, the petitioner was led veiled into the kings presence, where he would plead his cause.21 The king was not only
approached in matters of life or death, but also for more trivial reasons. The case of a man is documented who twice appealed to the
king because one of his debtors had failed for six years to repay a
debt, and the Chief Cupbearer would not solve the matter.22 The
kings dilatory reaction to this request may reect a certain wariness
with the case rather than overwork.
2.2.2 The Administration
The entire administration relied heavily on the service of scribes.
The highest-ranking scribe in the empire was the Palace Scribe (upar
ekalli ). Although literacy seems to have been more widespread than
previously supposed,23 many ocials could not write and read themselves. Ocials of every rank can be shown to have had their personal scribe.24
19
20
21
22
23
24
888
889
31
This is not only illustrated by the sequence in which these ocials served as
the years eponym (see Millard, Eponyms . . ., 11 table 3) but can be proven by letter formulation: whenever a provincial governor wrote to a magnate, he addressed
him as my lord (see Mattila, Magnates . . ., 165f.).
32
Postgate, Economic Structure . . ., 202f.
33
Grayson, Eunuchs . . ., 93f., and Mattila, Magnates . . ., 13133, but cf. 4.4 below.
34
Note the letter ABL 442, written jointly by the mayors and the elders of Assur
to the king.
35
Klengel-Brandt and Radner, Stadtbeamten . . ., 15255, for a discussion of
the mayor and the city overseer.
890
3. L
3.1
Procedure
891
3.1.4 To try a case, the presence of the opposing parties before the
court was necessary. It seems that the plainti who initiated the trial
had to produce the defendant physically in court. Men, women, and
eunuchs could appear in court. Only statements made directly in
the presence of the ocial acting as judge were acceptable.
3.2
Evidence
892
Citizenship
Class
893
Slavery
Gender
894
men, their grammatical gender was still masculine and, as the depiction
on reliefs and seals show, they dressed like men (but were of course
beardless).57 Apparently, men and eunuchs held the same legal status.
4.4.2 Typically, a head of household was male (or a eunuch). Households headed by women are attested as well, however, especially at
court, where the female members of the royal family were very powerful and the female ocial called akintu held an inuential post.58
Although women could buy and sell property, incur debts, act as
creditors, and appear in court, they are never attested as witnesses
in legal documents, not even when the principal parties are female.
4.5
Age
Marriage
57
Reade, Court and Army . . ., 91f., 95f., for the reliefs, and Watanabe,
Siegellegenden . . ., pls. 34 (5.2., 5.5., 6.1.6.10.), for the seals.
58
The exact nature of the akintus oce needs further study. She is attested in
Nineveh, Kalhu, Assur, and Til-Barsip (see Dalley, Til Barsib . . ., 82f. and pl. 3:
no. 13).
59
See Radner, Privatrechtsurkunden . . ., 12534, 14755, 17173, for a discussion
of the terms to describe the physiological age of a person.
60
Ibid., 157f. and see the detailed discussion of these texts, 16571.
895
896
Concubinage
Divorce
Three marriage contracts contain provisions regulating the consequences of divorce. They show that divorce was possible, apparently
at the initiative of either spouse. The main reason for divorce is
expressed by the verb ziru to hate.
5.3.1 According to a text from Kalhu, if the wife divorced her husband because she hated him, she would forfeit her dowry to him;
if he divorced her for the same reason, he would have to pay her
double her dowry.70 A second text from Kalhu stipulates that if the
husband took another wife, his wife could leave him, taking with
her everything she owned.71 The third document, from Nineveh, concerns the marriage of a female Egyptian devotee of the goddess Itar
of Arbela to another Egyptian.72 If the husband hates his wife, it is
she who is to pay him ten shekels of silver as departure money
and she can leave; due to the fragmentary preservation of the text,
it is clear only that she too could divorce him.
5.3.2 In contrast to these provisions for a potential divorce, only one
text is known that documents an actual divorce.73 A text from Assur
documents the settlement of a lawsuit between two men who used
to be father-in-law and son-in-law, focusing on the question of remarriage. The former husband would be able to marry again without
his ex-father-in-laws involvement and the former wife could be mar68
69
70
71
72
73
897
74
ND 2307, see Radner, Privatrechtsurkunden . . ., 165f., and Grayson and Van
Seters, Childless Wife . . ., 485f.
75
Radner, Privatrechtsurkunden . . ., 13743.
76
Ibid., 138f. The three texts from Assur stipulate that even if the couple should
eventually have seven sons, the adopted son will still be the principal heir, whereas
a text from Kalhu and a text from Nineveh speak of ten sons.
77
Radner, Privatrechtsurkunden . . ., 142.
78
By the father of the mother, a temple prostitute, in TIM 11 15 (see Radner,
Privatrechtsurkunden . . ., 140:d) and by the brother in VAT 9930 (see Radner, Privatrechtsurkunden . . ., 142:a).
79
AO 2221 (see Radner, Privatrechtsurkunden . . ., 140:a) and Assur 12 (see Radner,
Privatrechtsurkunden . . ., 140:b).
80
VAT 15500 (see Radner, Privatrechtsurkunden . . ., 140:c).
898
6. P I
6.1
Tenure
899
900
his share.96 That the administrative ocials were involved in the division of inheritance is also clear from various inheritance documents.97
6.2.2 In contrast to the Middle Assyrian period, each son, independent of his age, received an equally large share of the inheritance.
While real estate usually forms the most important part of the inheritance, the texts also mention slaves, money, and legal documents.98
6.2.3 Usually, men received their inheritance after the fathers death.
The heir was the universal successor of the deceased, whose rights and
obligations he took over as a whole. This is especially clear from a
Kalhu adoption document, which species the adoptees status as
the principal heir should there ever be additional sons: He (the heir)
will enjoy his inheritance share with them (his brothers); he will go to
(perform) the ilku duty with them; he will settle his (the fathers) debts
and he will claim payment for the debts due to him (his father).99
6.2.4 A text from Assur documents the division of an estate during
the fathers lifetime. It is split between the sons while a part of it
was kept by the father, to be divided upon his death, and even the
mother received a slave.100 This last case should be described as a
gift rather than an inheritance and can be compared with a document of unknown provenance, which documents a gift of landed
property, slaves, and livestock from a father to his son.101
6.2.5 Women could receive gifts both from their fathers102 and husbands. The latter was called nundun, the same term that denotes
the dowry.103
96
901
6.2.6 Much better attested than gifts in private circles are gifts by
the king, called tidintu or qintu and consisting of land, persons, and
livestock.104 The king also bestowed honorary gifts such as rings and
luxurious garments on those he favored.105
7. C
Two main types of legal documents can be distinguished because of
their strictly standardized formulation and format. A third group of
texts appearance is much less standardized: receipts, various mutual
agreements and texts recording court proceedings are phrased and
formatted according to ad hoc necessities.
The rst group of legal texts are those of the so-called conveyance
type (Erwerbsvertrag), which document all possible kinds of transfers of ownership of real estate and persons, such as sales or exchanges,
land leases, adoptions, marriages, dedications to temples, or divisions
of inheritance.
The second group are the legal texts of the so-called contract type
(Obligationsurkunde), which record an obligation between two parties, for example, loans of money, grain, or animals and debts of all
kind, as well as delivery and working contracts.
7.1
Sale
Only the transfer of ownership of real estate (elds, houses, building plots, gardens, vineyards, occasionally whole villages) and people is documented.106
7.1.1 A sale document was sealed by the seller and witnessed by a
number of men who can frequently be demonstrated to have close
connections with the buyer.107 In the case of real estate sales from
Assur, the text was also sealed by the municipal ocials.108 The
104
Deller, Neuassyrisch qan . . ., 34555 for a discussion of these terms and
of the verb qan.
105
Postgate, Rings . . ., 23537.
106
Occasionally, the transfer of cattle is mentioned in connection with land sales;
see Radner, Privatrechtsurkunden . . ., 294f.
107
Compare Fales, Remanni-Adad . . ., 1987:94, 10913 for the circle of
Rmanni-Adad.
108
See n. 82.
902
Exchange
109
Radner, Relation . . ., 67, and Privatrechtsurkunden . . ., 24f.; Postgate, Nature
of the Shift . . ., 160, 167.
110
Postgate, Fifty Documents . . ., 1217, and Nature of the Shift . . ., 168; Radner,
Privatrechtsurkunden . . ., 21f., 31656.
111
See Radner, Money . . ., on currency in the Neo-Assyrian period.
112
Evidence for this is quoted by Radner, Privatrechtsurkunden . . ., 91f., n. 504.
113
With the clause turu dnu dabbu lau (There is no going back, lawsuit or
litigation); see Radner, Privatrechtsurkunden . . ., 35356.
114
Postgate, Fifty Documents . . ., 1820; see Radner, Privatrechtsurkunden . . ., 18995,
21119, 30611 for a detailed discussion of various groups of penalty clauses.
115
See Postgate, Fifty Documents . . ., 100f., Kwasman, Kouyunjik Collection . . ., 61,
and Radner, Privatrechtsurkunden . . ., 349 (with references).
116
ADD 252 = Kwasman, Kouyunjik Collection . . ., 40; see Radner, Privatrechtsurkunden . . ., 305.
-
7.3
903
Obligations
117
On the formulation, see Postgate, Fifty Documents . . ., 35 and Postgate, Nature
of the Shift . . ., 168.
118
Postgate, Fifty Documents . . ., 37.
119
Ibid., 33f.
120
Ibid., 3943.
121
Ibid., 38.
122
Radner, Relation . . ., 6870, and Privatrechtsurkunden . . ., 2532; Postgate,
Nature of the Shift . . ., 160f, 167.
904
7.4
Remission of Debts
Security
905
906
8.3 Although there is no evidence from the legal texts for judgments
imposing physical punishment on the oender, the case of a cook
who stole temple property shows that not only political oenders
such as traitors or rebels were tortured, maimed, and/or killed, practices well known from the royal inscriptions. In a letter to the king,139
the cook is reported to have died as a consequence of the beating
he received as punishment for his crime. The context of a memorandum from Nineveh recording the names of persons who were
tried and subjected to severe physical punishment is unknown.140
A
OIP 114
SAA
SAA 1
SAA 3
SAA 4
SAA 5
SAA 6
SAA
SAA
SAA
SAA
SAA
7
10
11
12
13
SAA 14
SAAB
SAAS
StAT 2
TIM 11
139
140
S. Cole, The Early Neo-Babylonian Governors Archive from Nippur, OIP 114
(Chicago: Oriental Institute, University of Chicago, 1996)
State Archives of Assyria
S. Parpola, Sargon II . . .
A. Livingstone, Court Poetry and Literary Miscellanea, SAA 3 (Helsinki:
Helsinki University Press, 1989)
I. Starr, Queries to the Sungod: Divination and Politics in Sargonid Assyria, SAA
4 (Helsinki: Helsinki University Press, 1990)
G. Lanfranchi and S. Parpola, The Correspondence of Sargon II, Pt. 2: Letters
from the Northern and Northeastern Provinces, SAA 5 (Helsinki: Helsinki
University Press, 1990)
T. Kwasman and S. Parpola, Legal Transactions of the Royal Court of Niniveh,
Pt. 1: Tiglath-Pileser III through Esarhaddon, SAA 6 (Helsinki: Helsinki
University Press, 1991)
F. Fales and J. Postgate, Administrative Records . . . Pt. 1
S. Parpola, Scholars. . . .
F. Fales and J. Postgate, Administrative Records . . . Pt. 2
L. Kataja and R. Whiting, Grants. . . .
S. Cole and P. Machinist, Letters from Priests to the Kings Esarhaddon and
Assurbanipal, SAA 13 (Helsinki: Helsinki University Press, 1998)
R. Mattila, Legal Transactions of the Royal Court of Nineveh, Pt. 2: Assurbanipal
through Sin-arru-ikun, SAA 14 (Helsinki: Helsinki University Press, 2002)
State Archives of Assyria Bulletin
State Archives of Assyria Studies
V. Donbaz and S. Parpola, Neo-Assyrian Legal Texts in Istanbul, Studien
zu der Assur-Texten 2 (Saarbrcken: SDV, 2001)
B. Kh. Ismail and J. Postgate, Texts from Niniveh, TIM 11 (Baghdad:
Republic of Iraq; Ministry of Culture and Information, DirectorateGeneral of Antiquities and Heritage, n.d.)
907
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Ahmad, A. The Archive of Aur-mtu-taqqin Found in the New Town of Aur
and Dated Mainly by Post-Canonical Eponyms, Al-Rdn 17 (1996) 20788.
Dalley, S. Neo-Assyrian Tablets from Til Barsib, Abr-Nahrain 34 (199697) 6699.
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Deller, K. Die Rolle des Richters im neuassyrischen Prozerecht. In Studi in onore
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, and A. Millard. Zwei Rechtsurkunden aus Aur im British Museum, Af O
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, F. Fales, and L. Jakob-Rost, with contributions by V. Donbaz. Neo-Assyrian Texts
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Fadhil, A. Die in Nimrud/Kalhu aufgefundene Grabinschrift der Jab, Baghdader
Mitteilungen 21 (1990) 46170.
Fales, F. Un dieu comme juge dans un texte no-assyrien, RA 71 (1977) 17779.
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Sargon, 1991.
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Administration. SAA 11. Helsinki: Helsinki University Press, 1994.
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Orientalistik der Universitt Wien, 1997.
Frymer-Kensky, T. The Judicial Ordeal in the Ancient Near East. Ph.D. diss., Yale
University, 1977.
Garelli, P. Le systme scal de lempire assyrien. In Points de vue sur la scalit
antique, ed. H. van Eenterre. Paris: Publications de la Sorbonne, 1979, 718.
. Lappel au roi sous lempire assyrien. In Reets des Deux Fleuves (Volume
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Herbordt, S. Neuassyrische Glyptik des 8.7. Jh. v. Chr. SAAS 1. Helsinki: Neo-Assyrian
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Kessler, K. Royal Roads and other Questions of the Neo-Assyrian Communication
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Kohler, J., and A. Ungnad. Assyrische Rechtsurkunden. Leipzig: Eduard Pfeier, 1913.
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911
MESOPOTAMIA
NEO-BABYLONIAN PERIOD
Joachim Oelsner, Bruce Wells and Cornelia Wunsch1
While named after the Neo-Babylonian Empire, this survey covers
the law of Babylonia during the entire rst millennium. Politically,
the millennium may be divided as follows:
1. The early part of the millennium was characterized by weak kings
of Babylon struggling with Aramean and Chaldean groups settling
for the most part outside the cities. On several occasions, members
of these groups succeeded in gaining the kingship in Babylon.
2. For most of the late eighth and the seventh centuries Babylonia
was under Assyrian control.
3. During the Neo-Babylonian Empire, the so-called Chaldaean dynasty
(626539) brought about a nal period of political independence.
4. Inclusion of the territory in the Achaemenid Empire (539331)
brought about only minor socio-economic and legal changes. The
legal institutions as reected in the documents remain more or less
the same as before.
5. After the conquest of Alexander (331) as well as under Hellenistic
rule (Seleucid, 331141) and even well into the Parthian period
(Arsacid, 141 B.C.E.ca. 225 C.E.), cuneiform traditions, including
the traditional law, remained alive. The latest administrative and
legal documents (contracts) date to the early rst century B.C.E.2
1. S L
Only a few documentary sources are known for Babylonia from the
rst quarter of the rst millennium. Texts of legal relevance are isolated stone monuments (formerly known as kudurrus (see 1.3 below). From
the eighth century3 onwards, however, to the end of the millennium
912
Law Codes
913
Chaldaean period some ocial or semi-ocial charters were written, in which the king regulates the aairs of the temples.6
1.3
Kudurrus
Until the end of the seventh century, in addition to the original (sealed)
clay document, copies of important legal transactions were engraved
on stelae or tablet-shaped stones (known as kudurru in the Kassite
period), often adorned with reliefs, which were displayed publicly,
presumably in temples. Most of them relate to acts of the king (or
high ocials and temples), often donations or tax exemptions, but
some private transactions between individuals are also documented
in this way.7
1.4
6
E.g., the term was used for YOS 6 103; see Cocquerillat, Palmeraies . . ., 108
(so-called edict of Bl-ar-uur, 549 B.C.E.).
7
Slanski (Kudurrus . . .) suggests entitlement nar in preference to the customary
term kudurru.
8
Cf. the general remarks of San Nicol, Zur Entwicklung . . .
9
Petschow, Zwiegesprchsurkunde . . ., and Hilprecht-Sammlung Jena, 38f. E.g.,
BR 8/7 37:15: PN came to PN2 and said as follows: Give me fPN3, the female
slave of PN4, who is at your disposal. PN and PN2 agreed, and PN2 paid . . ., etc.
10
Oelsner, . . . Siegelpraxis.
914
Scholastic Documents
Tablets I and II of the lexical series AR(UR5).RA = ubullu consist of contractual formulae, comparable to the series ana ittiu and
the legal material used in Old Babylonian scribal training.11 It continued to be copied until the end of the cuneiform tradition (fragments of transliteration into Greek letters). There also exist model
contracts written on school tablets.
1.6
11
915
2. C A L
2.1
Organs of Government
Legislature
916
917
empire by Cyrus II, the former empire (including Syria and Palestine)
was made into a satrapy called Babylon and Beyond the River (Bbilu
u ebir nri ); later the territory was divided into sub-units. Henceforth,
Babylonia was no longer the seat of the central administration but
only an administrative unit (satrapy) of larger empires. Within Babylonia
a satrap acted as representative of the king.
2.1.3.2 Provincial Administration
The Babylonian kingdom was divided into provinces ( ptu), named
according to a previously existing country or tribe, or the principal
city of the region. That term continued into later practice. For the
title of its chief ocial, dierent terms were used (bl pti or later
p/ti, aknu, akin mi and others; the governor of Nippur was
called andabakku).21 By order of the king the governors could perform legal acts such as making land grants. Tribes are headed by
sheikhs (Aramean nasku, Chaldean ra"su/ru, Kassite bl bti ). In the
Achaemenid and Hellenistic periods, beside the Akkadian titles,
Persian22 and Greek ones were sometimes used.23
2.1.3.3 Local Government
As many of the provinces are named after the central settlement of
the region, a strict dierentiation between provincial and local administration is not always possible. The governors (see above) are often
responsible for local aairs too. Persons called qpi li, (royal) commissioner, are attested as the administrators of regions or cities, but
also of temples. The azannu (mayor, headman) acted on behalf
of the local administration also in the villages surrounding the cities
and towns. The bbtu (ward) of Old Babylonian times occurs only
in the phrase dek a bbti, a kind of tax. Mention is made in the
texts of numerous minor settlements (villages and hamlets), principally as places of agricultural production.
There was an assembly of the freeborn persons ( puru), acting
mainly as a legal institution (see 2.1.4.3 below).24 Close connections
21
Attested up until the rst century: Sachs-Hunger Diaries 3 72:10? (see also
Zadok, Notes . . .).
22
E.g., satrap; see Dandamaev, aadrapnu . . ., (at Nippur; also attested once
in Hellenistic Uruk: BRM 2 56:19), and Stolper, Blunu . . . For further Persian
titles, see Eilers, Iranische Beamtennamen . . .
23
E.g., dioiketes (major-domo): BRM 2 31:8.
24
In the Hellenistic period, the determinative L is added to the logogram
918
existed between the late Babylonian cities and their central sanctuaries, as is evident from many texts, especially those from Hellenistic
Uruk, where they can be seen in the titles of ocials.25
2.1.3.4 Temple Administration
Babylonian temples of the rst millennium were highly sophisticated
economic and social institutions. Their administration cannot be
strictly separated from the civil administration. On the other hand,
the Neo-Babylonian kings (especially Nabonidus) installed royal representatives in the temples and controlled them in that way. Within
the dierent temples there existed minor dierences in respect to
their administrative structure. To mention only the most important
ocials, it can be said that generally there were chief administrators (atummu), (high) priests (ang, also with administrative duties),
royal comptrollers (qpu) or supervisors (bl piqitti ), and royal tax collectors (a mui quppi ). Temple oblates (irku, 4.2.1 below) could act
as minor ocials.26
2.1.4
The Courts
2.1.4.1 As supreme judge, the king personally decided very important lawsuits (e.g., BBSt no. 9, top ll. 1ss., col. IVA 2ss.; BBSt no.
10, rev. 10ss.) and citizens had the right of appeal to the king or
the royal courts.27 The king could not deprive his subjects arbitrarily of their lives, but if someone committed a serious crime, he would
sentence him to death.28
2.1.4.2 Royal Courts
Lawsuits were conducted in the house of decision (bt dni ),29 a
term which refers not only to royal courts (e.g., CT 22 105:26), but
to all kinds of courts. A number of lawsuits regarding citizens (mostly
UKKIN (often used for puru). In this case it is to be read kinitu college (of priests),
colleagues, i.e., a type of temple personnel (also acting in judicial matters; see AHw
877 puru A4).
25
Sarkisjan, Zum Problem . . .
26
For one of the temples see now Bongenaar, The Neo-Babylonian Ebabbar Temple . . . .
Cf. also San Nicol, Beitrge . . .; Kmmel, Familie . . .
27
Examples (seventh century) given by Postgate, Royal Exercise . . .
28
See e.g., Weidner, Hochverrat . . .
29
E.g., Iraq 27 (1965) 1. col. II 26: bt dni ei ibnu he built anew the court
house(s), and passim in documents.
919
30
Wunsch, Und die Richter . . ., and Die Richter des Nabonid; see also San
Nicol, Ein Urteil . . .
31
E.g., in a lawsuit dated to the year 559: Dalley Edinburgh 69. Transliteration,
translation, and commentary: Ries, Ein babylonischer Mitgiftproze . . .
32
For details see Dandameyev, . . . Citizens, . . . Elders, Neo-Babylonian
Popular Assembly, and Babylonian Popular Assemblies . . .
33
In this regard it is to be noted that an assembly is sometimes spoken of as
being of more than one place, e.g., TCL 13 147 (Babylon and Uruk), see also San
Nicol, Parerga Babyloniaca VIVIII, 343.
34
Oelsner, Review . . ., 16465 sub 7; McEwan, Priest and Temple . . ., 1723, 2526.
920
2.1.4.5 Judges
The judges of the higher courts came from the leading families of
Babylon, although no more than one member of the family appears
to have been a royal judge at any one time. Requirements were
scribal training and a certain amount of experience in the local
courts. Promotion to royal judge appears to have come only with
advanced age. Within the court, the colleges of judges were organized hierarchically by seniority. The oce of judge was permanent,
being terminated only by sickness or death. The fact that a number of royal judges continued in oce notwithstanding more than
one change of regime due to usurpation of the throne points to a
certain degree of judicial independence. Nonetheless, it was not a
profession. When appointed a judge, Nab-ae-iddin, a businessman of the Egibi family, handed over most of the day-to-day conduct of his business to his son, but did not withdraw from it entirely.
2.2
Functions
921
2.2.3 Petitions
At least under Assyrian rule Babylonians could appeal to the king by
uttering the word of the king (amt arri qab). In that case the person would be sent by ocials to the king, who would hear his case.38
3. L
3.1
Parties
3.1.1 The parties to litigation were normally men in the role of head
of household, who represented the interests of members of their family. Women appear in inner-family disputes when their rights in property are aected, for example, the whereabouts of dowry assets or
the validity of property settlements, or in disputes with third parties
over the same.39
3.1.2 Slaves and freedmen could appear before the court in person
on the question of their status. A slave could, for example, claim to
be a free citizen, in which case the burden of proving his slave status lay with the owner.40
3.1.3 A temple could also appear as a litigant in a property dispute
with a private person. The temple would be represented by senior
ocials (BIN 2 134 = Joanns, Textes judiciaires . . ., no. 170).
3.2
Procedure
922
923
Evidence
In contrast to other periods, use of the oath and the ordeal seems
to decline in favor of rational methods of proof and documentary
evidence seems to rank above the testimony of witnesses. Even the
temples preferred to give conditional judgments, pending the testimony of witnesses, than to rely on a partys oath.
3.3.1 Documents
Reliance on documents is greater in property and business disputes.
A document could take precedence over an oath, as in YOS 6 169,
when the defendant, accused of misappropriating animals, claims that
47
924
Witnesses
Oath49
925
50
926
4. P S
4.1
Citizenship56
Class
Oblates (irktu)59
4.2.1.1 A considerable number of persons were given to the temples, often by their parents. As irku oblate (the term is derived
from arku to donate), they formed a separate socio-legal class,
often referred to by scholars as temple slaves but to be distinguished
from slaves in the strict sense. (Slaves are also attested in the temples, to which they could be donated as property.) The term is found
in slave sale contracts, as a status the absence of which the seller
warranties (alongside royal slaves and other categories of status that
would remove the person purchased from the buyers ownership).
Such dedications are attested until the second century.60
4.2.1.2 Oblates belonged to a particular temple, for which they were
obliged to work. The temple also had a claim upon their children, who
could not be given in adoption or sold as slaves without permission.61
56
Dandamaev, Citizens . . ., and Composition . . .; but see the reservations
of Roth, Contested Status . . ., 48687.
57
As in the case of L-tubinni (Nbn. 1113), discussed by Wunsch, Und die
Richter . . ., 6267. Cf. also Weisberg, Mr Bantu Text . . .
58
BM 35508(+)38259:5: bt li mr Bbili (5 AB.BA URU DUMUme TIN.TIRki).
L GN and L DUMU URU GN, on the other hand, are merely designations
of geographical origin.
59
See Dougherty, The shirktu . . .: Dandamaev, Slavery . . ., 469557 (II. Temple
Slavery).
60
Oelsner, Griechen in Babylonien . . .
61
In attested cases of adoption of an oblates children, the adopter himself most
probably belongs to the temple (Nbk. 439, collated), or senior temple ocials give
the child in adoption (Revillout, PSBA 9).
927
Oblates were marked with a brand or tattoo, for example, the star
of Ishtar for oblates of the Eanna temple at Uruk.
4.2.1.3 Oblates generally served as craftsmen or farm laborers and
received rations. They could act as minor temple functionaries and
even rise to positions of economic importance within the temple
administration, for example, tenant-in-chief (rab irkti ), but had
no access to prebendary oces, which were reserved for certain oldestablished families of mr ban. They were able to acquire property,
which they could dispose of freely by will or inter vivos. Unlike slaves,
they were able to marry without permission of the temple authorities.62 A spectacular case of fraud and corruption involved a highranking irku.63
4.2.1.4 Slaves might be manumitted and dedicated to a temple as
irku. This was in one respect a charitable donation to the temple
but often was to take place only on the donors death, so that the
donor retained the slaves services during his lifetime. In such cases,
the temple served as an asylum for the former slave.64 In times of
famine, free persons might also dedicate their children to the temple in order to keep them alive (YOS 6 154).
4.2.2 un65
A clause in slave sales also guarantees that the slave purchased does
not have untu status. As it is named alongside free person, royal
slave and oblate, this must refer to a dependent status. The un
owned no land and appear in the service of the palace and of temples, where they could rise in the administrative hierarchy. They
could be foreigners as well as natives, and the status was undoubtedly inheritable.
4.2.3 muknu66
This much-discussed term from the Old Babylonian period is attested,
albeit rarely. In Achaemenid royal inscriptions, it stands for the weak,
as opposed to the mighty, but no longer represents a distinct class.
62
There is one attested contract to date, between a irku and the daughter of a
irku, with a dowry of 10 shekels: BM 42470, to be published in Wunsch, Urkunden . . .
63
San Nicolo, Gimillu . . .
64
Van Driel, Care . . ., 165, 17483.
65
Dandamaev, Slavery . . ., 62642.
66
Dandamaev, Slavery . . ., 64346.
928
4.3
Slaves71
4.4.1 Terminology
Slaves were designated by the same terms as in earlier periods,
namely ardu (R) for male and amtu (GME) for female (status:
ardtu/amttu). In addition, other terms were used: qallu/qallatu (lit.,
little one) and the collectives amltu, people, lamtnu, servants,
and ni bti, household. All these terms are interchangeable, the
same person being described in a single document as qallu and ardu
and being included under the amltu. All these terms could be used
to designate slaves as the object of a transaction by their owner (sale,
transfer of ownership, pledge, or hire).
67
For example, Ina-Esagil-ramat, wife of Iddin-Marduk, appears in a series of
documents drafted during her husbands lifetime. She is not identied as his wife
except on the rare occasions when she acts on her husbands behalf. Cf. Wunsch,
Iddin-Marduk . . ., vol. 1, 68.
68
See Lewenton, Rechtspraxis . . ., 8788.
69
Jursa, Die Landwirtschaft . . ., 8f.
70
Edited by Joanns, Les textes judiciaires . . ., 2068.
71
The most comprehensive survey of slavery in this period is by Dandamaev,
Slavery . . .
-
4.4.2
929
Creation
4.4.2.1 Debt slavery does not seem to be the widespread phenomenon known from earlier periods (see 7.6 below). The sale or transfer of children or other family members into slavery was extremely
rare, generally due to famine. Most cases are of foundlings or foster children.72 The long-term indenture of family members, however,
was possible in the form of antichretic pledge. The discussion of
slaves below relates only to chattel slaves.
4.4.2.2 Penalty
In Cyr. 312 mentioned above (4.3.2), a father obtains a court order
annulling his sons marriage concluded without his consent. The
bride is threatened with slavery should she make contact with the
groom again.
4.4.2.3 Houseborn
The ospring of slaves automatically belonged to the owner, even
when they were born in the house of the owners creditor to a slave
given in antichretic pledge.73 Children of a freed slave woman were
themselves free only if born after her manumission.74 A free woman
who was married to a slave had to leave at least one child with the
slaves owner (BM 94589).
4.4.2.4 Foreign slaves might be acquired by war or by trade. In
Camb. 334, a man sells a slave woman whom he acquired as booty
in a campaign in Egypt. In Camb. 143, a Babylonian merchant purchases a slave woman in Persia.75
4.4.3 Families
Slaves could live as families, and the terms spouse (DAM) and
husband (mutu) or wife (aatu) are used as with free persons.
72
E.g., BM 94589: a woman oers a foundling in exchange for the release of
her own child; TBER 71 (= TEBR 69): a man pledges his parents foster child.
73
In Moldenke I 11 (new copy and ed. CTMMA 3 47), a man sells a slave
woman whom he had pledged to another, together with her child that she had
borne in the meanwhile (ina libbi ), i.e., while she was pledged . . . .
74
Cf. the lawsuit concerning the status of the children of L-tubinni; Wunsch,
Und die Richter . . ., 6267.
75
Dandamaev, Slavery . . ., 10711.
930
Marriage between slaves and free persons is also attested (e.g., free
woman and slave: VAS 6 184; BM 94589). Infant children of slave
women, although automatically slaves, were not generally separated
from them, but were sold together with the mother. The sale and
pledge of complete families is attested, in which case either all members are named separately or the number of persons is given, designated as PN, his wife, and his child(ren).
4.4.4 Names76
Slaves bore names that mostly followed common Babylonian practice. In addition to foreign names that reveal their origin, there were
special slave names expressing devotion to their owner. Some slaves
received a second name that is specially mentioned in documents.
In order to avoid confusion, a matronymic or the owners name was
sometimes added to the slaves own name. Infants were not always
identied by name. Slaves who were engaged in independent business (see 4.4.5.5 below) were given a pseudo-liation to their owner:
instead of the patronymic and ancestral name customary with free
Babylonians, the name of the owner and his ancestor were used (PN
ardu/qallu a PN2 mr AN).
4.4.5
Capacity
4.4.5.1 Like women, slaves did not appear as witnesses to transactions, with the exception of slaves of certain high-ranking persons.77
4.4.5.2 Dowries frequently included slave women who were to assist
the wife in household tasks or in looking after the children. Their
presence emerges only when they are listed in divisions of inheritance, dowry documents, or sales. Owners had their slaves trained
as craftsmen (e.g., cook, tailor, seal-cutter), in order then to employ
them personally or hire them out.
4.4.5.3 Slaves were frequently hired out. The owner received their
hire, and the two parties agreed in advance who should bear the
cost of feeding and clothing the slave. The arrangement was often
76
931
linked with antichretic pledge, that is, the hirer was also a creditor
of the owner and hire and interest were set o against each other.
Should the slave then run away, the owner had to pay the hirer the
slaves fee (mandattu) or the wages lost.
4.4.5.4 Agency
Slaves frequently carried out assignments for their masters, in which
capacity they were known as messenger (mr ipri ).78 Thus a slave
might purchase another slave on his owners behalf or receive payment of a debt on the orders (ina qib ) of his owner. Often, business
transactions would be conducted entirely through slaves acting as
agents, as where A, the slave of B, received a payment of rent for
land from C, the slave of D, in accordance with the sealed, written order (ipirtu kunukku) of his master.79
4.4.5.5 Slaves engaged in the same transactions as free persons. They
themselves bought and sold slaves and other property. They leased
elds and date-palm orchards for cultivation, in return either for a
xed rent or one-third of the harvest, and in turn hired laborers, free
or slave. Slaves who earned money from third parties were obliged to
pay their owners an annual fee (mandattu).80 Slaves could even enter
into contracts with their owners; they borrowed money from their
owners and leased land from them.81 In the latter case, the slave would
have to pay his owner the slaves fee (mandattu) addition to the rent.
4.4.6 Peculium82
In all the above transactions, property held by the slave was regarded
as entirely separate from the owners. Thus a landowner warns two
of his slaves to repair a canal which they had rented from him,
because water from it is causing damage to his eld. The slaves
agree that if they do not repair the canal, we will pay compensation from our own assets.83 On the other hand, there is no doubt
that ultimately the property belonged to the owner and not the slave.
78
932
84
933
Marriage
Our knowledge of marriage law comes mostly from some fty marriage contracts, dating from the seventh to the third centuries.93
5.1.1
Conditions
91
934
5.1.2
Formation
96
97
98
-
5.1.3
935
Divorce
936
the husband had spent the wifes dowry and was insolvent, his only
reply to her claim for maintenance is to let her go where she pleases.
5.1.4 Misconduct
A standard clause stipulates that if the wife is seen/found with
another man, she shall die by the iron dagger. The import of this
clause is not fully understood.101
5.2
Adoption
Adoption documents are not plentiful, but there are sucient references to adoption to show that it was an important and exible
juridical tool, as in earlier periods.
5.2.1 Capacity
Men and women could adopt, and adoption by one spouse did not
create liation with the other. Likewise, a step-child was not regarded
as the step-parents child unless adopted. In BM 77425, the claim
that a man entered the house of PN with his mother is raised to
deny that he was PNs son.102 In VAS 5 129 (= NRV 17), a man
gives his son in adoption to his current wife, and in CTMMA 3
102, a childless man wishes to adopt his wifes son by a previous
marriage but is denied permission by his own father. He is ordered
instead to adopt his brother.
5.2.2
Purpose
937
of childlessness. Van Driel suggests that the manumission and adoption of a slave in BM 78543 was to legitimize a son by a slave girl.103
5.2.2.2 Adoption of strangers was a more commercial arrangement,
in return for services. The most important of these was care and
support of the elderly.104 In YOS 17 1, a brother and sister are
adopted; the brother receives an inheritance share while the sister is
obliged to support the adopters. Such arrangements led to unconventional forms of adoptionin two instances, a man adopts a father
and son together (VAS 6 188 = NRV 10, for performance of feudal services; OLZ 7 (1904), 39, in return for support). A unique
arrangement is recorded in YOS 6 2 (= BR 6 5), where a man
gives two-thirds of his Egyptian slave in adoption to his own slave
(who is also an oblate). The share apparently refers to prot from
the adoptees earnings.
5.2.2.3 Revillout PSBA 9 attests to the adoption of a foundling, since
the adoptees name is a-p-kalbi, from the mouth of a dogthe
technical term for an abandoned child. Throwing a child to the dog
can even be a symbolic act to create the legal status of abandonment.105
5.2.3
Inheritance
5.2.3.1 Adoption made the subject eligible to inherit from the adopter
but not automatically entitled, at least where heirs already existed.
In adoption documents, the adopter assigns an inheritance share as
a separate act and the presence of siblings in the witness lists attests
to their acquiescence, suggesting that they would otherwise be able
to challenge the adoptees share (e.g., OLZ 7 (1904), 39).
5.2.3.2 Specic property might be transferred inter vivos, but sometimes the adopter would expressly retain the usufruct for his lifetime
(VAS 5 47; 6 184 = NRV 27). A dierent form of assignment was
103
Care . . ., 184.
E.g., VAS 5 47; BM 61737 = Roth, Women in Transition . . ., 134. See
van Driel, Care . . ., 18391.
105
In Nbk. 439, a woman casts her infant son at the dogs mouth in order
that another may take him up from the dogs mouth. Malul (Adoption . . ., 1045)
assumes that the latter adopts the child, but it is not a necessary outcome. In BM
94589 a child taken from the dogs mouth is explicitly called a foster-child (tarb)
and is ultimately given (in exchange) as a slave.
104
938
Tenure
Inheritance
939
940
6.2.3.1 The testator could give his eldest or other sons an inheritance
share in advance, or at least determine its size in advance. He could
also make a special settlement of property upon a son in contemplation of marriage. Called nungurtu in marriage documents, it appears
to have been in addition to the sons normal inheritance share.115 If
the settlement had been part of dowry negotiations for the sons
marriage and thus had been contractually guaranteed to the brides
family, it could not later be reduced in size, even in the event that
the testators property had substantially diminished and the other
sons would be disadvantaged thereby (NBL 8). The testator could
designate contingent heirs, should one of his sons die without issue.
6.2.4
Dowry 116
6.2.4.1 As far as family circumstances permitted, daughters were provided with a dowry (nudunn), which was transferred with her to
the family of the groom. The size of the dowry was at the discretion of the father or head of household, and bore no relation to the
sons anticipated inheritance shares. Occasionally women were given
an extra dowry by other relatives (mother, grandmother, brother).
The father often xed the dowry in advance in a marriage agreement with the grooms family. According to NBL 9, if the fathers
assets later diminish, he is entitled to reduce the size of the dowry
proportionately but cannot otherwise alter the terms of the agreement in concert with his son-in-law. In practice, full payment of the
dowry might be extended over a considerable period of time after
the marriage. One reason was that the dowry was intended as an
inheritance for eventual children of the marriage.117
6.2.4.2 The husband (or his father, if the husband was still under
his authority) had control and usufruct of the dowry during the marriage. Certain parts of the dowry, however, could be assigned by
the brides father to the bride for her personal use. It could be personal servants, designated as mulgu, or a sum of silver, which was
said to be ina quppi, in the cash-box. The sums in question rep-
115
941
942
6.2.4.5 If she survived her husband and had no children, the wife
was entitled to reimbursement of her dowry from her husbands
estate.121 Should there be no dowry, the court would assign her
something in proportion with her husbands assets (NBL 12).122 If
the widow remarried, she could take her dowry into the new marriage. The second husband had the usufruct, but the capital had to
remain intact, since the children of the rst marriage were heirs in
equal shares with the children of the second marriage (NBL 13).123
6.2.5 Marital Gifts124
Gifts of property from husband to wife followed the pattern pn X
udgulu to transfer to someone (as property). Frequently the donor
retained the usufruct for life. In NBL this type of gift is termed a
eriktu, which according to NBL 12 she is entitled to receive on widowhood even if the marriage was childless.
6.2.5.1 Dispositions km nudunn125
Transfers km nudunn (as equivalent) for the dowry were not true
gifts but compensation to the wife for dowry goods that the husband or his father had subsumed into the family property and
invested, so that it was no longer separately identiable. Dowry compensation often occurred at the insistence of the wife or her family
with the aim of putting property equivalent in value to the dowry
beyond the reach of the husbands creditors. Even where it looks as
if the husband is making his wife a gift, it is not the husbands property that is involved but assets deriving from the wifes family, which
at no point actually belonged to the husband. Usually the husband
retained a usufruct for life and named the children as heirs.
6.2.5.2 True Gifts to the Wife
Such gifts are quite frequently documented. They are referred to as
transfers elat nudunn, apart from the dowry, or adi nudunn, in
addition to the dowry, or without any special qualication. The
provision still needed to be in writing, as it ran counter to the claims
of the legitimate heirs. Often the property involved was land, houses,
121
122
123
124
125
943
or slaves. The wife had unrestricted access to income from lease and
hire of the property, either immediately or after the death of the
donor, and could thus use it to pursue independent business activities. Occasionally, a clause is inserted stating that the wife may give
a particular item to whomsoever she wishes, thus guaranteeing her
free right of disposition in addition to usufruct.126 Otherwise, the
unstated assumption was that her children would inherit the contents of the gift.
6.2.6
Special arrangements
944
as his son was not yet old enough. That was exactly what he sought
to avoidby making his wife the heiress, he gave her father (a close
business associate) a chance to intervene on her behalf (and on behalf
of her children) and to run the business until the grandchild was old
enough for division of the inheritance with the brothers.
7. C
Whereas only a very small number of cuneiform texts is known from
the rst quarter of the rst millennium, from the second half of the
eighth to the beginning of the rst century thousands of administrative
and contractual documents are preserved, many of which are still
unpublished. The texts of legal relevance from the tenth and ninth
centuries (as well as some of later date) are the so-called kudurrus or
entitlement nars, which are found as copies on stone.129 The best
documented period is between Nebuchadnezzar II (604562) and
Darius I (521486).130 It is generally thought that written contracts
became more important during this period, the drafting and transfer
of the contract establishing a legally binding obligation.131 There are
many types of contracts, with standard clauses that dier in part
from those of earlier periods. In addition to the traditional objectively
formulated contract (i.e., in the third person), from the late second
millennium onwards we see the appearance of a new form, the socalled dialogue document. This type is used mostly in unusual circumstances which do not t the standard formulary for a given legal
transaction.132
7.1
Sale
Slanski, Classication . . .
Surveys of published texts (mostly including administrative documents): 1000700:
Oelsner, Frhneubabylonische . . .; 799626: Brinkman and Kennedy Documentary
Evidence . . .; Beaulieu, The Fourth Year . . .; Nabopolassar to Darius III: Dandamaev,
Slavery . . ., 718; Xerxes to Darius III: Oelsner, Zwischen Xerxes und Alexander . . .,
31214, n. 10; Hellenistic and Arsacid periods: Oelsner, Materialen . . ., chap. 3.
131
Koroec, Keilschriftrecht, 192.
132
Petschow, Zwiegesprchsurkunde . . ., and Mittelbabylonische . . ., 3839.
130
945
Form
133
Petschow, Kauormulare . . .; Lewenton, Rechtspraxis . . . From texts published
since these studies it is now possible to trace the development more exactly.
134
This clause is already attested in other contexts in the eighth century: see
Leichty, A Legal Text . . ., 22729 (l. 7, record of litigation).
946
135
136
137
138
For the formulation of the clauses, see Petschow, Kauormulare . . ., 2836, 5568.
Ibid., 3940.
Ibid., 6972; Krckman, Babylonische . . ., 2438.
Spek, Land Ownership . . ., 2014.
-
7.1.2
947
Nature
948
7.2
Exchange
Gift
949
Loan153
Loans represent the largest group among the documents of the rst
millennium. They are attested from 700 until the Hellenistic period
(third/second centuries), and until ca. 300 at Uruk. The objects of
loan are predominantly silver, barley, and dates, but may be other
fungibles or wool, tiles, and other products, which are repayable with
their equivalent value, as in earlier periods.
149
See also OIP 114 97:27; Jursa, Archiv . . ., p. 148 (BM 42348:7).
E.g., VAS 5 37 = NRVU 16. See also documents from Seleucid Uruk, e.g.,
TCL 13 239 = Spek, Land Ownership . . ., 21318, concerning which Petschows
conclusions (Pfandrecht . . ., 13537) must be reconsidered in the light of the realization
that lSIPA-[]-t does not mean partnership but r "tu/rmtu gift. See further
CM 12 4551 = Oelsner, Recht im hellenistischen Babylonien . . ., 14042
(Schenkungskauf ).
151
Thus the typical gift formula cited above (PN1 has drafted a sealed document
concerning the object and passed (it) to PN2 = PN1 object iknuk-ma pni PN2 uadgil )
is used in sale of land: CT 49 131 and 169 (Hellenistic period, see Spek, Land
Ownership . . ., 215225; Oelsner, Recht im hellenistischen Babylonien . . ., 137).
The no-claims clause and warranty against eviction are used to secure the contract.
152
Krckman, Babylonische . . ., 4243, 4849 (Wehrformel).
153
San Nicol, Darlehen 126, 3; NRVU 19295; Petschow, Pfandrecht . . .,
951; BR 6, p. 58. See also Oelsner, The Neo-Babylonian Period, 289305.
150
950
7.4.1 Terms
The most common documentary form in this period is the debt note
(u"iltu; Germ. Verpichtungsschein), which in the overwhelming majority
of cases is formulated in the abstract, without mention of the grounds
for the debt. Many scholars regard it as a literal contract in the
Roman sense154the debt is created by the document, not by transfer of the objectbut the arguments for this interpretation are not
compelling. Moreover, there are occasional references to debts being
created without a debt note (a l u"ilti ).155 It should also be noted
that this type of document can be used for any kind of obligation.
7.4.1.1 The standard formula reads: object belonging to PN1 (creditor) is to the debit of PN2 (debtor) (. . . a PN1 ina mui PN2). The
standard loan is interest-bearing (ubullu), but the ubutttu (/ubutttu/ubuttu) loan, in which no interest is recorded, is also attested.
The term for interest (ibtu) is seldom used (e.g., TCL 13 86:18;
TuM 2/3 35:26).
7.4.1.2 Less frequent is a document formulated as a real contract,
as is usual in the Neo-Assyrian sphere. Whether it actually reects
Assyrian inuence is a matter of dispute.156 It is attested sporadically
from the seventh century to the Achaemenid period. In substance,
it is also to be understood as being a literal contract. The formula
reads: object belonging to PN1 (creditor) is in the hands of PN2
(debtor) (. . . a PN1 ina pni PN2).
7.4.2 Interest157
The interest clause comprises the second part of the document. When
mentioned, the rate is generally 20 percent for loans of silver, but
there are considerable uctuations, especially in commodity loans.
Frequently, interest is charged only if the debtor fails to repay the
loan on the due date.
7.4.3 Repayment
The due date for repayment is stipulated in the third part of the
document and often (for commodities, regularly) the place as well
154
155
156
157
951
(locality, creditors house, door of the warehouse (bb kalakki ), threshing oor (makanu), etc.). For bulk goods, the measure (mau) to be
used is also set down, usually that of the creditor. Short-term loans
are commona few months or even days, until the harvest, for
example. If the debtor died, the debts passed to his heirs. Indicative
of the variety of debt-based relations in this period are the frequent
novations of debt notes158 and equally the frequency of assignment
of claims.159 Subrogation of claims is also known in this period.160
7.4.3.1 In connection with repayment of loans, a number of receipts
are found, with a basic formula of PN1 has received (mair) . . . from
PN2, which may then be supplemented with further information.161
Their number is small in comparison with that of the debt notes.
As they relate to private law, they are drafted before witnesses,
whereas receipts from the domain of public administration (palace
or temple) are unwitnessed.
7.4.3.2 Where there are multiple debtors, each is liable for the total
debt and can be called upon at the creditors discretion, as the clause
whoever is available, will pay (a qerbi iir) attests (see 7.7 below).
7.4.3.3 Upon repayment, the debt note (u"iltu) is returned or broken (ep).162 Of the thousands of extant examples, the question of
which belong to debtors and which to creditors archives has not
yet been thoroughly investigated.163
7.5
Pledge164
7.5.1 Objects of pledge are land, houses, prebends, slaves, and members of the debtors family.165 Animals and other movables are more
rarely attested, presumably because they were mostly pawned without
158
952
953
Distraint
Suretyship178
Social Justice
175
954
7.9
Hire
7.9.1.1 Houses
The most frequent contract is for the renting of houses (or part of
a house), often with the purpose of the rental stated (ana abi for
dwelling; btu a PN1PN2 ina libbi aib (regarding) the house of
PN1 [= landlord], PN2 [= tenant] dwells therein). In many cases
the date is stated from when the house is available (ina pn) to the
tenant. The period of tenancy is several months or years. In general, the rent is payable in silver in equal installments at the beginning and middle of the year, but many other arrangements were
possible, for example, monthly (BR 6 30). Daily payments in produce are also attested (VAS 5 145 = NRVU 143). A large number
of receipts for rent are preserved. In addition to the rent, extra payments are often mentioned, due three times per year. There are
occasional penalty clauses for breach (e.g., BR 6 29); repossession
by the landlord was presumably on this basis.183
The tenant generally had to pay compensation for damage. Maintenance or refurbishment of the property is often expressly stated as
one of the tenants duties. Alterations to the building by the tenant
could also be agreed (combination of rental with a construction
contract).
A debtor could rent a house to the creditor by way of pledge,
with the rent being discounted as interest.
182
Ries, Miete . . . For additional literature, see BR 6, pp. 43, 4849, 55.
See Ries, Miete . . ., 176 (and see 175 on paqru, conscation of the object
of hire: BE 10 1).
183
-
7.9.1.2
955
Movables
7.9.1.2.1 Boats
The most common example, although far less frequent than houses,
is hire of boats. The size of the boat and the period of hire are not
normally mentioned. The hire is payable in silver. Sometimes the
boat is hired together with its crew. Frequently, the boat is hired by
persons to whom the boat has been made available by the owner,
while the persons hiring out the boat may be referred to as boatmen (malu). These persons must therefore have sub-let boats in
the pursuance of their profession. Boats were generally given for hire
by private persons, while the hirer in the extant contracts is often
the Eanna Temple at Uruka circumstance to be ascribed to the
large proportion of documents stemming from that archive. The hirer
was liable for damage to the boat and was responsible for repairs,
although this is not stated expressly. The route and purpose for
which the boat was to be used could also be stipulated.
7.9.1.2.2 Hire of other movables is rarely attested, for example,
barrels (danntu: VAS 6 40 = NRVU 144; VAS 6 87 = NRVU 145,
with irregular formula) and other containers.184
7.9.1.2.3 The term ana id is attested only occasionally in connection
with animals185 and never in contracts for the hire of animals (see
7.9.2.3 below).186
7.9.1.3 Services187
The term ana id is found in connection with contracts for carrying out (ana pinti ) work, as the payment for such works. It is
not possible to make a sharp distinction between the terminology of
hire and lease in these contracts (see 7.9.2.2 and 7.11 below).
7.9.1.4 Persons188
In form, hire of persons is like the hire of other movables. Both the
hirer and the person hired might be slave or free, although preFor examples, see CAD I/J 20 sub id e) in n.
E.g., donkeys: see CAD I/J 20 sub id b) in n.
186
Ries, Miete . . ., 178; Bolla, Untersuchungen . . ., 13949.
187
Ries, Miete . . ., 180 3.
188
Ibid., 180 4 Dienstmiete; see also San Nicol, Dienstvertrag, 2. Regarding
slaves, see Dandamaev, Slavery . . ., 11231 (cf. also 13236: slave women in brothels).
184
185
956
957
The lessors in the documents are mostly free persons or, in the
case of temple property, ocials representing the temple. Occasionally
slaves are attested and, more rarely, the palace. In many cases the
lessor was not the owner but was letting land that he himself held from
an institution (temple, ruler), often designated as a feudal tenure.194
This is particularly true for the Achaemenid period and for the
Mura archive, in which a great number of the documents are
leases.195 Lessees evidently had the right to sub-let.196
The attested lessees are free and slaves, individuals and groups.
In the latter case, the lessees stand surety for each other. Leases
range from a year to sixty years (the long leases mainly in the Persian
and Hellenistic periods) and in one case (Nbk. 115, royal land),
indenitely (ana mi ti ). The length of term is not always stated.
Various arrangements were possible with regard to the rent, for
example, a xed sum (in ana sti contracts) or share-cropping.197 A
special form of share-cropping in Achaemenid Nippur and Ur was
a cultivation tenancy and partnership (ana errti u utpti ), which
evidently involved equal shares.198 A widespread form of payment of
rent was for it to be xed before the harvest by a special commission (mostly for date orchards, but also for arable land). A debt note
was then issued for the amount of estimated yield (imittu).199
7.9.2.2 Prebends
The holders of prebends did not always carry out the associated
duties themselves. They could transfer them to other persons, as
expressed in a variety of formulas. The most important forms are
ana id (for rent: VAS 5 124 = NRVU 593; 138 = 605), ana sti
(by way of lease: VAS 5 107 = NRVU 607), ana r/sinti (for
carrying out prebend duties: passim in Uruk, mainly in the Hellenistic
period),200 or ana pinti (for carrying out work: VAS 6 104 =
NRVU 586; 169 = NRVU 611; 182 = NRVU 616). Often the
duties are set out in detail, in which case the documents formally
resemble work contracts (7.11 below).
194
958
7.9.2.3 Animals201
Individual animals were mostly hired at a xed rent ana sti, not ana
id (see above 7.9.1.2.3). Another form was in shares (ana zitti ), for
division of the benet by the participants, or in a partnership lease
(ana arrni ).202 In both the latter cases, the participants divided the
ospring of a herd in xed proportions.
7.10
Apprenticeship
7.11.1 This was a exible type of contract, strictly speaking for the
performance of specic works (dulla epu), the manufacture of specied
products, or the carrying out of certain tasks (ana pinti nadnu,
to give for carrying out/making). It most frequently had as its
object building and construction, manufacture of tiles,207 milling of
our, herding of animals, harvesting, and guarding.
201
959
Partnership
Types of Partnership
7.12.1.1 The most important form, attested from the seventh century
until the Achaemenid period, is designated by the term ana arrni
literally, for a business journey. Normally it is to be understood
as any common business enterprise, although the term must originally have been coined for trading journeys.210 There are two types:
1. Unilateral investment: associations of multiple partners with the capital provided by one partner or group of partners.
2. Mutual investment: associations of two persons, each providing
capital.
960
prots with the creditor (mimma mala ina li u ri ina mui ippu ina
utur ai zitti PN2 itti PN1 ikkal ).
In the second type, involving only two partners, the partnership
is established with the words x silver belonging to PN1 and y silver
belonging to PN2, they have mutually placed in a business enterprise
(x kaspa a PN1 u y kaspa a PN2 itti aame ana arrni ikun). There
follows a similar prot-sharing clause.
The arrnu enterprise was thus a partnership either between an
investor and an entrepreneur, who traded with the capital provided,
or between two investors who exploited their capital in common.211
Its purpose was to make a prot. In the rst type, the liability of
the debtor (= recipient of the capital) to the creditor for the sum
owed is often formulated as suretyship. In principle, it may be assumed
that losses normally fell upon the debtor.212
arrnu enterprises are found in various areas of economic life in
the rst millennium, not only in trade.213 There is no evidence of
their use in the temple economy.214
7.12.1.2 Animals could not only be hired out to several persons
ana arrni, but could also be made available for common exploitation in contracts containing no special terminology.215 For land leased
in common, see 7.9.2.1.216
7.12.1.3 Upon inheritance, landed property was often not divided
immediately by the heirs, but held for some time at least in common ownership. Division of the estate might then follow at a later
point to the exclusion of the land.217
7.12.2 Dissolution
The documents establishing a arrnu enterprise contain no mention
of the duration of the partnership. They must, however, have fre211
Lanz, arrnu . . ., 6888. Following other authors, Lanz uses the modern Civil
Law term Kommenda derived from Roman law. (For a denition, see ibid., 68).
212
Ibid., 2835. In one case of a mutual investment partnership it is provided
that prot and loss shall be borne equally: see ibid., 59 (VAS 4 11 = NRVU 644).
213
Ibid., 13944. For trading activities, see Oppenheim, Overland Trade . . .
214
Ibid., 144.
215
E.g., YOS 19 62: see Joanns, Archives de Borsippa . . ., 40, 33132.
216
See also Ries, Bodenpachtformulare . . ., 2425; Lanz, arrnu . . ., 143.
217
Oelsner, Nachla . . ., 42 1. E.g., landed property is not included in the
division in Dar. 379.
961
Deposit 220
C D
8.1
Homicide
218
962
LBAT 1419; VAB 3 29 23) and do not shed light on the substantive law of the time. Only one published text appears to refer
to prosecution for murder.224 The document seems to record a preliminary hearing at which the victims father accuses another man
of the crime. The reappearance of the defendant at a subsequent
trial is then guaranteed by the defendants father and sister.
8.2
Assault
Sexual Oenses
The only sexual oense to which explicit reference is made is adultery on the part of a wife. Several marriage contracts indicate that
an adulterous wife was subject to the death penalty (see 5.1.4 above).
The occurrence of this statement in contracts is striking. It had always
been a husbands right to punish his adulterous wife with death. It
is not clear why such a right becomes contractually stipulated.
8.4
8.4.1 Theft
In addition to ordinary larceny, the concept of theft includes misappropriation and embezzlementsituations where a person has legal
possession of anothers property and then removes or sells it for personal prot (YNER 1 2; YOS 6 208). Misappropriation is to be distinguished from misuse, which involves unauthorized use of goods
but not for personal prot (BIN 1 113; YOS 6 225). Misuse was
not treated as theft. Numerous documents deal with theft of private
property and of temple property. Penalties for the latter were much
stier than those for the former.
8.4.1.1 Theft of temple property was typically met with a ne equal
to thirty times the amount stolen.225 This was true for theft of all
224
963
964
may have been treated in the same manner as those who committed ordinary theft.
8.4.3 Robbery and Kidnapping
References to the taking of goods or persons by force occur mostly
in the letters from the so-called governors archive at Nippur.230 These
letters reveal that the most common solution was either compensation or return of the stolen items (OIP 114 8, 24).231 This appears
to include the kidnapping of slaves (OIP 114 6). As for the kidnapping of free persons, there is very little evidence. One text contains
sworn testimony regarding the forceful abduction of a woman, but
the outcome of the case is not revealed.232
8.4.4 Fraud
In a trial of two men for attempted fraud, they were found guilty
and punished with what the text refers to as a tenfold ne (TCL
13 219).233 They had tried to swindle another man of two separate
amounts of money, but the penalty was determined in relation only
to the larger of the two amounts. Due to a lack of other evidence,
it is not clear if such a sti ne was typical. Their use of a forged
tablet and their false statements to the judges probably served as
aggravating factors. In another case, a man went on trial for renting the same slave to two dierent men for the same time period
(YOS 7 102). The one who was defrauded seems to have brought
the case, but no verdict is recorded.
8.4.5 Receiving
Receiving stolen goods from a thief was considered an oense as
serious as theft (YOS 19 98). To be convicted, however, a person
had to know the goods were stolen. Several documents indicate that
defendants were not convicted if they had received goods from a
thief in what appeared to them to be a legitimate transaction (Sack
230
Cole, Nippur IV . . .
There may have been additional penalties in some instances. In one letter,
the writer ordered that a certain robber be expelled from a particular area and
that restrictions be placed on where he could settle (OIP 114 19). At least one
other document (OIP 114 6) may refer to an additional penalty, but the relevant
portions of the tablet are too damaged to be sure.
232
Jursa, erdu . . ., 49899, 511 (BM 64153).
233
See Joanns, Les textes judiciaires . . ., 22729.
231
965
Damage to Property
234
These documents state that the defendants will not be convicted for legitimately received goods but will be punished for receiving other goods.
235
On CT 46 45, see Lambert, Nebuchadnezzar . . .
236
Cole, Nippur IV . . ., 7, 6465.
966
8.8
Witchcraft
NBL 7 is the lone record on this issue and its meaning is obscure
at points. It seems to contain three basic stipulations concerning a
woman who casts or attempts to cast a spell. First, if she casts the
spell on a eld, she must pay the owner of the eld three times the
value of its yield. Second, if she casts a spell on an item other than
a house, she must pay three times the amount of any damage caused.
Third, if the woman is caught casting the spell on a persons house,
she must receive the death penalty.
8.9
Punishment
967
8.10.3 Imprisonment
There is ample evidence that prisons were in use, but their exact
nature and purpose remain unclear. They were used for those guilty
of theft (TBER 6), fraud (TCL 13 219), and, presumably, other
oenses (cf. YOS 7 137). The prisons mentioned are those of cities
(ABL 344; TBER 6), temples (CT 22 230; YOS 7 106), and even
individuals (ABL 774; TCL 13 219). Also, there is at least one reference to house arrest (TCL 13 215). Women (TCL 9 107) and
slaves (YOS 3 165; YOS 7 137), as well as free men (TBER 6),
were imprisoned. Escape from prison is referred to (ABL 736; OIP
114 23) and could be prosecuted (YOS 7 97).238 It is not clear if
prisons were used primarily for punishment, or if suspects and criminals were detained under guard only while the authorities awaited
the payment of a ne or the conclusion of an on-going investigation (TCL 13 219).
A
BaM 21
BR 6
BR 8/7
BRL
CM 20
LH
NBL
NRVU
Roth
Sack
TBER
TEBR
238
968
Abraham, K. The Dowry Clause in Marriage Documents from the First Millennium
B.C.E. In La circulation des biens, des personnes et des ides dans le Proche-Orient ancien,
ed. D. Charpin and F. Joanns. CRRAI 37. Paris: ERC, 1992, 31120.
Arnaud, D. Un document juridique concernant les oblats, RA 67 (1973) 14756.
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Beaulieu, P.-A. The Reign of Nabonidus. Yale Near Eastern Researches 10. New Haven:
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. A Note on the River Ordeal in the Literary Text Nebuchadnezzar King
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36794.
Bikerman, E. Les institutions des Sleucides, Paris: P. Geuthner, 1938.
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Papyrusforschung und antiken Rechtsgeschichte 30. Munich: Becksche Verlagsbuchhandlung, 1940, repr. 1960.
Bongenaar, A. The Neo-Babylonian Ebabbar Temple at Sippar: Its Administration and Its
Prosopography. PIHANS 80. Istanbul: Nederlands Historisch-Archaeologisch Instituut
te Istanbul, 1997.
Borger, R. Die neubabylonischen Gesetze. In Texte aus der Umwelt des Alten Testaments,
ed. O. Kaiser. 1/3: Rechtsbcher. Gtersloh: Gerd Mohn, 1982, 9295.
Brinkman, J.A., and D.A. Kennedy. Documentary Evidence for the Economic Base
of Early Neo-Babylonian Society: A Survey of Dated Babylonian Economic Texts
from 721626 B.C., JCS 35 (1983) 190; 38 (1986) 99106.
Budge, E. On Some Recently Acquired Babylonian Tablets, ZA 3 (1888) 21130.
Cardascia, G. Lehenswesen B, RlA 6, 54750.
. Les Archives des Mura: Une famille dhommes daaires babyloniens lpoque Perse
(455403 av. J.-C.). Paris: Imprimerie Nationale, 1951.
Cocquerillat, D. Palmeraies et cultures de lEanna dUruk (559520). ADFU 8. Berlin:
Gebr. Mann, 1968.
Cole, S. W. Nippur IV: The Early Neo-Babylonian Governors Archive from Nippur. OIP
114. Chicago: Oriental Institute, University of Chicago, 1996.
Dalley, S. A Catalogue of the Akkadian Cuneiform Tablets in the collections at the Royal Scottish
Museum at Edinburgh. Art and Archaeology 2. Edinburgh: Royal Scottish Museum,
1979.
Dandama( y)ev, M. State and Temple in Babylonia in the First Millennium B.C.
In State and Temple Economy in the Ancient Near East, ed. E. Lipinski. Orientalia
Louvanensia Analecta 6, vol. 2. Leuven: Departement Orintalistiek, 1979, 58996.
. The Neo-Babylonian Citizens, Klio 63 (1981) 4549.
. The Neo-Babylonian Elders. In Societies and Languages of the Ancient Near East.
Studies in Honour of I.M. Diakono. Warminster: Aris and Philips, 1982, 3841.
. Slavery in Babylonia from Nabopolassar to Alexander the Great (626331 BC). Transl.
V. A. Powell. DeKalb: Northern Illinois University Press, 1984.
. The Neo-Babylonian Popular Assembly. In ulmu 3. Papers on the Ancient
Near East Presented at International Conference of Socialist Countries (Prague,
Sept. 30Oct. 3, 1986), ed. P. Vavrouek and V. Souek. Prag: Univerzita Karlova,
1988, 6371.
. The Title aadrapnu in Nippur. In Nippur at the Centennial, ed. M. de J. Ellis.
CRRAI 35. Philadelphia: The University Museum, 1992, 2932.
. Babylonian Popular Assemblies in the First Millennium B.C., Bulletin of the
Canadian Society for Mesopotamian Studies 30 (1995) 2329.
969
970
King, L.W. Babylonian Boundary-Stones and Memorial Tablets in the British Museum. London:
British Museum, 1912.
Koroec, V. Keilschriftrecht. Handbuch der Orientalistik, 1. Abt., Ergnzungsband 3,
Leiden: Brill, 1964, 49219.
Koschaker, P. Babylonisch-assyrisches Brgschaftsrecht, Leipzig: Teubner, 1911.
. ber einige Griechische Rechtsurkunden aus den stlichen Randgebieten des Hellenismus.
Abhandlungen der philologischen-historischen Klasse der Schsischen Akademie der
Wissenschaften 42. Leipzig: S. Hirzel, 1931.
. Law: Cuneiform. In Encyclopaedia of the Social Sciences, ed. by R.A. Seligman.
Vol. 9. New York 1932, 21119.
Krckmann, O. Babylonische Rechts- und Verwaltungsurkunden aus der Zeit
Alexanders und der Diadochen. D. Phil. diss., Berlin, 1931.
Kmmel, H.M. Familie, Beruf und Amt im sptbabylonischen Uruk. Abhandlungen der
Deutschen Orientgesellschaft 20. Berlin: Gebrder Mann, 1979.
Labat, R. Das Ende Assyriens und das neubabylonische Reich. In Fischer-Weltgeschichte.
Vol. 4, ed. E. Cassin, J. Bottro and J. Vercoutter. Frankfurt/M.: Fischer, 1965,
93111.
Lambert, W.G. Nebuchadnezzar King of Justice, Iraq 27 (1965) 111.
Langdon, S. Die neubabylonischen Knigsinschriften. Transl. R. Zehnpfund. Vorderasiatische
Bibliothek 4. Leipzig: Hinrichs, 1912.
Lanz, H. Die neubabylonischen arrnu-Geschftsunternehmen. Mnchener Universittsschriften.
Juristische Fakultt. Abhandlungen zur rechtswissenschaftlichen Grundlagenforschung,
18. Berlin: Schweitzer Verlag, 1976.
Leichty, E. A Legal Text from the Reign of Tiglath-Pileser III. In Language,
Literature, and History: Philological and Historical Studies Presented to Erica Reiner, ed.
F. Rochberg-Halton. American Oriental Series 67, New Haven: American Oriental
Society, 1987, 22729.
Lewenton, U. Studien zur keilschriftlichen Rechtspraxis Babyloniens in hellenistischer Zeit. D. Phil. diss., Mnster, 1970.
McEwan, G.J.P. Priest and Temple in Hellenistic Babylonia. Freiburger Altorientalische
Studien 4. Wiesbaden: Steiner, 1981.
. A Babylonian leitourgia, WO 13 (1982) 2530.
. Inheritance in Seleucid Babylonia, Bulletin of the School of Oriental and African
Studies 47 (1984) 21127.
Malul, M. Adoption of Foundlings in the Bible and Mesopotamian Documents,
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Marx, V. Die Stellung der Frauen in Babylonien gemss den Kontrakten aus der
Zeit von Nebukadnezar bis Darius (604485), BA 4 (1902) 177.
Oelsner, J. Klageverzicht(sklausel), RlA 6, 615.
. Nachla. C. Nachaltbabylonisch, RlA 9, 4243.
. Review of Kennedy, D.A., Late Babylonian Economic Texts (CT 49), ZA 61 (1971)
15970.
. Zwischen Xerxes und Alexander: babylonische Rechtsurkunden und Wirtschaftstexte aus der spteren Achmenidenzeit, WO 8 (1976) 31018.
. Zur neu- und sptbabylonischen Siegelpraxis. In Festschrift Lubor Matou, ed.
B. Hruka and G. Komorczy. Budapest: Etvs Lornd Tudomnyegyetem,
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. Materialien zur babylonischen Gesellschaft und Kultur in hellenistischer Zeit. Assyriologia
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. Griechen in Babylonien und die einheimischen Tempel in hellenistischer
Zeit. In La circulation des biens, des personnes et des ides dans le Proche-Orient ancien,
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971
. Recht im hellenistischen Babylonien: TempelSklavenSchuldrechtallgemeine Charakterisierung. In Legal Documents of the Hellenistic World, ed. M.J. Geller
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. Akk. arad ekalli = Builder, ArOr 17/2 (1949) 22735.
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Petschow, H. Gesetze 4, RlA 3, 27679.
. imittu, RlA 5, 6873.
. Lehrvertrge, RlA 6, 55670.
. Die neubabylonischen Kauormulare. Leipziger rechtswissenschaftliche Studien 118.
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. Ein neubabylonischer Brgschaftsregre gegen einen Nachla, Revue dHistoire
du Droit 19 (1951) 2557.
. Zum neubabylonischen Brgschaftsrecht, ZA 53 (1959) 24147.
. Der Surrogationsgedanke im neubabylonischen Recht, RIDA 1 (1954) 12571.
. Neubabylonisches Pfandrecht. Abhandlungen der Schsischen Akademie der
Wissenschaften zu Leipzig, Philologisch-historische Klasse, Band 48 Heft 1, Berlin:
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. Das neubabylonische Gesetzesfragment: Bemerkungen zu Stellvertretung,
Eviktion und Vertragsausung und familien- und Erbrecht im neubabylonischen
Recht, ZSS (Rom. Abt.) 76 (1959) 3796.
. Die neubabylonische Zwiegesprchsurkunde und Genesis 23, JCS 19 (1965)
10320.
. Mittelbabylonische Rechts- und Wirtschaftsurkunden der Hilprecht-Sammlung Jena.
Abhandlungen der Schsischen Akademie der Wissenschaften zu Leipzig.
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Ries, G. Literalvertrag, RlA 7, 3335.
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Kunkel, ed. D. Nrr and D. Simon. Frankfurt/M: Vittorio Klostermann, 1984,
34563.
972
973
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975
ISRAEL
Tikva Frymer-Kenski
1. S L
Almost all our information about law in ancient Israel comes from
the Bible itself; practical documents would have been written on perishable material and have long since disintegrated. Two documents
survive, written on ostraca because of the dicult situation in which
they were composed. Most of the overtly legal material is in the
Pentateuch (Torah), with occasional mention in narratives, prophets,
psalms, and proverbs. Much legal information can also be gleaned
from narratives, both the Pentateuchal narratives in which the legal
sections are embedded and the historical narratives.1
1.1
1.1.1
Pentateuch
Essential Prescriptions
976
for the Sabbath in the Exodus version, which relates the Sabbath
to creation, and the Deuteronomic, which stresses rest and relates it
to redemption from Egypt. The original formulation may be very
old, and commandments are alluded to by Hosea (Hos. 4:2) and
Jeremiah ( Jer. 7:9), and two Psalms (Ps. 50:7, 1819; Ps. 81:910).
1.1.1.2 Levitical Commands
Leviticus 19:118 are the basic outlines of being Holy established
by the Holiness code. They include provisions of the Ten Commandments (19:34, 1112) together with ritual requirements, such
as eating the communion sacrice in two days and burning the rest
(58), and social rules, such as gleaning (910), paying wages on the
day earned (13), not exploiting the blind and deaf (14), not perverting justice (15), not standing by at injury (16), and not bearing
vengeance (18). Most of the provisions are in the form of commands,
but one participial case is included.4
1.1.1.3 Deuteronomic Curses
Deuteronomy also contains a list of communal curses (Deut. 27:1526)
upon those who perform a select group of misdeeds, which must
have been considered fundamentally wrong. They contain rules of
the Ten Commandments: cursing those who make images, dishonor
parents, commit adultery or murder. They also include those who
remove boundary stones; take advantage of the blind; pervert justice; sleep with a fathers wife, daughter-in-law, sister, or beast; or
take a bribe to kill the innocent. They conclude with a blanket curse
of those who do not uphold the law.
1.1.2 Legal Collections
The Pentateuch contains three distinct legal corpora: the Book of
the Covenant (Exod. 20:2223:19), the laws of Leviticus-Numbers
11, and the Deuteronomic laws (Deut. 1226)5 These collections have
a long antecedent tradition in the ancient Near East, a tradition that
goes back to the southern Mesopotamian law codes from Sumer
and Babylon. Like those collections, the biblical ones are not codes
in the sense of legislation but rather represent the jurisprudence of
4
See Carmichael, Laws of Leviticus 19. Carmichael suggests that the laws are
composed with the Joseph story in mind.
5
A detailed outline of each collection can be found in Patrick, Old Testament Law.
977
978
979
980
1.1.4 Narratives
In addition to the legal storyette, the Pentateuchal narratives, particularly those of Genesis, often demonstrate the legal customs and
family arrangements that existed throughout the ancient Near East.
These do not always conform to Pentateuchal legislation, since Deuteronomy and the Priestly documents represent classical Israels norms,
which are often innovations or other changes.18
1.2
The Prophets
The Writings
18
See Daube, Biblical Law, 173. The relationship of these narratives to the laws
has often been explored by Carmichael, who holds that the laws result from consideration of historical events (Origins of Biblical Law and Law and Narrative in the Bible).
19
See Fishbane, Biblical Interpretation in Ancient Israel.
1.4
981
Legal Ostraca
Two such documents have survived dealing with legal matters. One,
the Mead Hashavyahu letter, is a plea from a worker to an ocial
asking for his cloak back. The other is a plea from a childless widow
for possession of her husbands eld.20
2. C A L21
2.1
The King
The law collections are not royal documents: The Book of the Covenant probably dates from the pre-monarchic period and has no mention of a king; Deuteronomy, from late in the monarchy, wants a
very minimalist kingship The Deuteronomistic history of Judges-Kings
is not happy with Israels monarchy. Judges, which shows the desperate need for a king, nevertheless records anti-monarchic statements
as a foreshadowing of things to come. The Book of Samuel, which
describes the establishment of monarchy, also includes Samuels warning about kings: 2 Samuel, about David, demonstrates that monarchy will not solve the problems of exploitation that Judges revealed,
and Kings is openly censorious of the kings of Israel. Nevertheless,
the importance of the king in the judicial system comes through.
2.1.1 The Deuteronomic Ideal (Deut. 17:1420)
The people are to choose a king from Israel, excluding foreigners
(Deut. 17:1415). He is not to keep many horses or trade with Egypt
for horses (Deut. 17:16) and is admonished not to have many wives
so that his heart turn not astray (Deut. 17:17) This is a critique
of the Solomonic kingship, for Solomon is remembered as keeping
fourteen hundred horses (1 Kings 10:26f.), and as having many wives,
who (according to 1 Kings 11) turned his heart astray. The king is
also to have a copy of this teaching (the Book of Deuteronomy)
20
See Bordreuil et al., Kings Command and Widows Plea. This article also
has a translation of the much-discussed Mesad Hashavyahu letter, which is studied
most recently by Pardee, Me{ad Hashavyahu Texts. For commentary, see Lemaire,
Veuve sans enfants . . .; Wagenaar, Give in the Hand . . .
21
See Frymer-Kensky, Israelite Law; Boecker, Law and the Administration . . .;
Rterswrden, Die Beamten . . .; Westbrook, Biblical Law; Avishur and Heltzer,
Royal Administration . . .; and Miller, J as Constitutionalist . . .
982
983
freeing the monarchs from the tragic dilemmas that plagued Israel
in Judges 11 and 21 (1 Sam. 14).
2. Outlawing necromancy. This act is recorded (1 Sam. 28:910) as an
introduction to Sauls sance.
2.1.3.2 David
While he was an outlaw and would-be king, David decreed that
the share of soldiers who stayed behind should be equal to those
who stay and ght, and it made a statute and custom to this day
(1 Sam. 30:235). He also established the principle that the monarch
was sacrosanct. Saul twice fell asleep while David was near. The
rst time (1 Sam. 24), David cut a piece of Sauls robe as proof that
he could have killed Saul, but did not because Gods anointed must
be sacrosanct (1 Sam. 24:11), a sentiment he repeated on the second occasion (1 Sam. 26:911). As king, David established basic contours of monarchy:
1. The people will accept what ever David chooses to do (2 Sam.
6:2122).
2. The king must be subordinate to divine rules and to the prophets
who declare them (2 Sam. 12). Thus the king is not above the law.
3. The king does not have an absolute right to kill. Abigail convinced
the outlaw David not to slaughter her husbands household, as God
would not allow a man guilty of bloodguilt to become king (1 Sam.
25). The prophet Nathan told King David that killing Uriah with
the sword of Ammon was an oense, for which the child of
Uriahs wife died and Davids other children suered turmoil and
death in the following stories (2 Sam. 12). Thereafter, David made
sure that he had justication for execution, rst adjuring people not
to do something on pain of death, and executing them when they
did it.
4. The king is judge. David gave judgment to his people (2 Sam.
8:15). Nathan presented a legal case, which David judged before
knowing it was a parable. The wise woman of Tekoa, disguised as
a poor woman, said Save O King! and asked not to give over
to the familys blood avenger her son, who had killed his only
brother. Weighing execution of murderers against continuing a mans
lineage, David spared the surviving son (2 Sam. 14). The kings
ability to solve cases made him like an angel of god to know
what is right, a term of attery used by those petitioning the king
(2 Sam. 14:17, 20; 19:27). The technical term Crying out to the
king, liz'oq "el hammelek rst appeared when Mephibosheth told
David that he had no reason to petition the king (2 Sam. 19:29).
5. Absalom built support for a coup dtat by telling people on their
way for judgment that they would not get a hearing from David,
984
declaring, Would that they made me the judge in the land and
everyone who had a legal dispute would come before me and I
would declare his judgment (2 Sam. 15:4). In this way, Absalom
stole the hearts of the men of Israel (2 Sam. 15:6).
2.1.3.4 Solomon
In Israels memory, Solomon was the perfect judge. During a dream
theophany, Solomon asked for a hearing heart to judge (1 Kings
3:215). The gift was tested when two harlots came before the king
with their tale of one dead and one living baby. Solomon held a
trial, hearing both sides, and then rendered his famous solomonic
judgment, ordering the living child cut in two to test the two alleged
mothers. The decision made Solomons reputation, For they saw
that the wisdom of God was in him to do justice (1 Kings 3:1628).
2.1.3.5 The Later Kings of Israel
Only the reforms of Hezekiah and Josiah, which changed the religious infrastructure and centralized religion, are recorded. Micahs
reference to rules of Omri (Mic. 6:16) indicates that the kings did
issue various decrees, as we would expect from rulers. The role of
the king as judge appears in several episodes from the Northern
Kingdom at the time of the Omrides. They are summarized below
in 2.9.1.
2.1.3.6 The kings role in justice is remembered in Proverbs: Magic
is on the lips of the king, he cannot err in judgment (Prov. 16:10).
In the Northern Kingdom, Hosea is very angry at the kings and denounces the whole concept (Hos. 8:4; 13:1011). In Judah, the prophets
are not as antagonistic to monarchy, and both the pro-monarchic
prophet Isaiah (Isa. 11:4; 32:1) and the less pro-monarchic prophet
Jeremiah ( Jer. 21:1112; 22:23, 1317) recall the role of the king
in justice. Josiah in particular is noted for having judged the cases
of the poor ( Jer. 22:1516). After the Exile, the monarchy was not
restored.
2.1.3.7 The king did not necessarily try cases that concerned the
king. The trumped-up trial of Naboth for blasphemy against both
God and king is tried before the elders as an ordinary trial; the king
was not present and did not even know about it (1 Kings 21:1116).
Jehoshaphat of Judah appointed Zebadiah chief of Judah to be in
charge of all matters relating to the king (2 Chron. 19:11).
985
2.1.3.8 Kings are not above the law. Jonathan tries to convince
Saul not to commit innocent blood by killing David without cause
(1 Sam. 19:5); Abigail convinces David that spilling blood without
reason (innam) would be a stumbling block to his kingship (1 Sam.
25:31). Nathan declared that the sword would never depart from
Davids house because he committed adultery with the wife of Uriah,
one of his subjects, and arranged for Uriah to be killed in battle (2
Sam. 12:910).
2.2
Prophets
986
true ( Jer. 26:1820), and Uriah, who had prophesied against the city
in the days of Jehoiaqim, who pursued him and brought him out
of Egypt in order to execute him (vv. 2025). The arim in charge
of Jeremiahs trial decided that a prophet who was speaking in good
faith that God had sent him should not be punished ( Jer. 26:16).
2.2.3 The prophets also had a role as intercessors, as Israels advocate
before God when God was angry ( Jer. 15:1; 18:20).22 The prophet
was supposed to stand in the breech to protect God from destroying Israel (Ezek. 22:30). Eventually, they failed in the task. Prophecy
continued after the Exile, but ended after the Persian period.
2.3
arim
987
been found for such ocials, possibly impressed with the same seal.23
In addition, there were local town ar s during the monarchy (2
Kings 10:1; Isa. 1:23; Jer. 26:1012, 16; 2 Chron. 29:20).24 Four lr'r
inscriptions on jars at Kunillet Ajrud may belong to such local
authorities.25 The arim of Judah were exiled with Jekoniah ( Jer. 29:2;
Ezek. 17:2), but new arim may have been appointed, for arim are
again mentioned during the reign of Zedekiah ( Jer. 34:10, 19).
Probably both groups are included in the indictments of Ezekiel,
who compares them to rapacious wolves (Ezek. 17:12; 22:27) and
Zephaniah, who sees them as roaring lions (Zeph. 3:3).
2.3.3 The Mead Hashavyahu letter is a petition from a poor worker
to a ar (written ar) asking for him to make his overseer return his
cloak to him. The second extant petition, from a widow asking for
her husbands eld, is probably also to ha[ar].
2.4
opeim ( Judges)
23
Avigad, The Governor of the City Bulla, and Barkay, A Second Governor
of the City Bulla.
24
On this, see also Cogan and Tadmor, Kings, on 2 Kings 23:8.
25
See Avishur and Heltzer, Royal Administration . . .
988
oerim (ocers)
Elders
989
2.6.1 The elders of the cities of refuge meet the eeing killer at the
gates and, having heard his story, settle him in the city until he can
have a trial by the assembly and send the avenger away. The elders
of the city in which a homicide occurred also go to the city of refuge
to get murderers and deliver them to the blood avengers (Deut. 19:12).
2.6.2 The family laws of the Book of Deuteronomy vest the authority to kill children in the elders. If the parents denounce a wayward
son to the elders, the boy is stoned. No investigation is mentioned:
the denunciation is enough, thus leaving real power with the parents and giving the elders the authority to hand the child over for
stoning (Deut. 21:1821). Similarly, the father of a daughter whose
bridegroom claims she was not a virgin brings the sheet before the
elders, who og the accusing bridegroom if the sheet shows blood
and hand the girl over to be stoned if it does not (Deut. 22:1321).
2.6.3 As overseers of family aairs, local elders also witness the ceremony for dissolving the levirate responsibility (Deut. 25:910).
2.6.4 The elders of the land formed a tribunal of sorts which kings
might consult before proclaiming war (1 Kings 20:78), or which might
cooperate with a prophet against the king (2 Kings 6:32). Elders of
the land also intervened in the trial of Jeremiah ( Jer. 26:17).26
2.7
The Priesthood
The priests were a hereditary group that claimed descent from Aaron
(Num. 10:8).
26
Weinfeld, Elder.
990
2.8.1 The specic judicial role of Priests and Levites was to supervise legal disputes and sentencing (Deut. 21:5). They, together with
the judges, tried cases in which one litigant accused a witness of
false testimony (Deut. 19:1620), and priests were part of the central set of judicial authorities that Jehoshaphat set up in Jerusalem
(2 Chron. 19:8), with one chief supreme over religious aairs (2
Chron. 19:11). The priests attended at the decapitated heifer ritual
when a corpse was discovered (Deut. 21:5), and a priest ociated
at the trial of the suspected adulteress (Num. 5:1131). Priests also
collected nes: if a wronged party had no kin to receive a 120 percent restitution, it was given to the priest. (Num. 5:8).
2.8.2 The role of the priests in maintaining Israels purity gave them
considerable authority. They could destroy any houses they considered diseased (Lev. 14:4345). Supreme within the Temple, they
could expel kings who tried to usurp their functions or authority (2
Chron. 26:1620). Needless to say, this right depended on the goodwill of the king; Manasseh overran priestly authority and built altars
in the temple (2 Kings 21:4).
2.9
Levites
Together with the priests, Levites oversaw legal disputes and sentencing
(Deut. 21:5). They were part of the central judicial array established
by Jehoshaphat (2 Chron. 19:8) and were specied to be the oerim
there. They attended at the ritual of the decapitated heifer (Deut.
21:5) and were in charge of determining skin aictions (Deut. 24:8).
2.10
Legislation
991
8:32), assembled the whole people and read the book with its blessings and curses ( Josh. 8:3335). Samuel wrote a book of kingship
giving his regulations for kingship, read them aloud and then deposited
them (1 Sam. 10:25). Such readings are not recorded for the days
of the monarchy, but late in the monarchy a book of laws discovered in the temple and validated by the prophet Huldah; it was read
and then served as authorization for new observances of Passover
(2 Kings 22). The Book of law read by Ezra validated Sukkot observance (Neh. 8) and served as the basis of communal study.
2.10.2 Covenant Renewal
Since the laws were considered stipulations of the covenant between
Israel and God (at least in Deuteronomy and the prophets), reading
the law may have been part of covenant renewal ceremonies such
as those attested in Joshua 24. Since such ceremonies are not attested
for the monarchic period, it is not known how late they lasted.
2.10.3 The practice of kings of issuing decrees has already been
mentioned, for example, Sauls decree banning necromancy (1 Sam.
28:910).
2.11
2.11.1
The Courts
Central Courts
992
to the king to reclaim the land she left because of famine. The
king sent a man to help her get back what belonged to her. He
went beyond the customary law known from the ancient world, giving her also all the usufruct of the land for the years she was gone.
He may have considered her special or have been trying to stay
in Elishas graces, but it was his royal prerogative to grant her the
usufruct as well as her eld (2 Kings 8:16).
993
of fee. The rst problem with fees is that if there are court fees,
then no one will judge the case of the orphan or give a hearing to
the case of the needy ( Jer. 5:28), and the case of the widow does
not come before them (Isa. 1:23). Once the case is being heard, giving a fee can cause the judge to pervert justice (Prov. 17:23). Samuel
appointed his two sons as judges in Beersheba, but they lost the
right to succeed him as ruler when they took bribes to subvert justice (1 Sam. 8:13). Isaiah indicts those who vindicate the wrong
after a gift and strip o the vindication of those who are right (Isa.
5:23). A wicked man might oer a bribe (Prov. 17:23), but the righteous judge is to wave away a bribe instead of grasping it (Isa. 33:15),
and never accept a fee against the innocent (Ps. 15:5). The man
who takes a bribe to punish and execute an innocent man incurs
the communal curse of Deut. 27:25.
2.11.5 Written Petitions
Two of the very few extra-biblical documents that have survived are
pleas from a worker and a widow. They follow the same format,
indicating that there was a formal protocol for writing such a letter
(see 1.4 above).
2.12
Services
994
3. L
3.1
Parties
Procedure
Initiation of Procedure
3.2.1.1 When a crime was discovered, legal process began with the
pronouncement of an "alah, a general imprecation that demanded
that anyone with knowledge step forward. Divine punishment would
follow the person who knows something but keeps quiet, though confession and a ritual of expiation might avert the divine sanction (Lev.
5:110). Ignoring the curse is considered abetting criminals (Prov.
29:24). The Book of Judges records that the mother of Micah pronounced such a curse (with the rare verbal "alit) over her missing
eleven hundred pieces of silver, whereupon her son confessed and
gave her the money, and she blessed him ( Judg. 17:13).
3.2.1.2 The Book of Joshua relates a divinatory procedure, lots, to
discover the perpetrator of a crimetaking booty from the conquest
of Jericho. Joshua used lots to identify a suspect, narrowing the choice
to one tribe, then one family, then one household, then one man,
Achan. Divination was not enough to convict him nor was Achans
confession, but they established reason to search Achans quarters,
and when the stolen items were discovered, he and his household
were stoned and burned ( Josh. 7:1626).
3.2.1.3 A procedure could also be initiated by an accusation brought
by a witness (1 Kings 21:1113). The accusation can take the form
of a rib, a formal legal indictment, a bill of particulars detailing the
problem. On a metaphorical level, the prophets declare that God
has a rib against Israel (Hos. 4:1; 12:3; Mic. 6:2; Jer. 25:31).
3.2.1.4 Private Suits
The ostraca show written petitions to the local authority. Otherwise,
a claimant had to nd local authorities to hear the case. The prophets
995
indict those who, demanding fees for judgment, were not willing to
hear the cases of those who could not pay the fee (Amos 5:12; Isa.
1:23; Jer. 5:28). Isaiah urges Israel to judge the orphans and widows (Isa. 1:1718).
3.2.2 The Court in Session27
The judges sat for the judgment. The number of judges is not
specied, and it may be that in simple cases one judge would have
suced. Family law procedures may have anticipated all the men
of the town sitting together.
The actual procedure in a lawsuit has to be gleaned from statements in the prophets and proverbs, some of which use lawsuits as
a metaphor for Gods relationship with Israel. The parties would
stand and the accuser might approach the accused (Isa. 50:8), but
in Naboths trial, he was seated at the head of the people, and the
witness sat facing him and testied against him (1 Kings 21:13). The
accuser would declare the particulars of his case, and the other party
would then examine his statement (Prov. 18:17). The accused might
have a representative (vindicator) to assist him to help him examine
the witness (Isa. 50:8 and Job, throughout). Judgment would be given
in the morning ( Jer. 21:1112; Zeph. 3:5).
3.3
3.3.1
Evidence
Witnesses
27
996
3.3.1.4 Testimony against oneself is not presented in the law collections, but Achan confessed after divination identied him as the
culprit. The confession provided grounds to search his tent, where
the stolen items were found ( Josh. 7:2023).
3.3.2 Documents
Since we do not have actual legal trials, we do not know what weight
legal documents carried, but both divorce and sale documents are
mentioned. One hint may be in Jeremiahs purchase of his cousins
eld, which he has written in two copies and sealed ( Jer. 32:911).
He himself does not expect to use the eld until after the Exile; the
sale documents might have established his ownership at that time.
3.3.3 Material Evidence
In the case of Achan, the stolen items were found in his tent. In
the case of the bride accused of not being virginal, the father brings
the wedding sheets before the tribunal to show that they are or are
not bloody (Deut. 22:1321). A shepherd may bring the remains of
an animal in his care to show that it had been devoured by a wild
beast (Exod. 22:12).
3.4
Supranatural Procedures
God, the cosmic judge, decides the fate of nations by their actions.
On a human scale, God is a witness to oaths and to a Hebrew
slaves decision not to go free, and God is judge in circumstances
in which a human court could not expect to reach a conclusion.
3.4.1 The third commandment prohibits using Gods name for wrongful purposes. Since false witness is a separate commandment, this
refers to lightly taking and breaking promissory, asseverative, and
exculpatory oaths.28
3.4.2 Approaching God
A householder from whose house deposited goods have been taken
must approach God to declare his lack of complicity (Exod. 22:67);
two people who contest ownership of any animal, cloth or other lost
property are to approach God, and the one declared guilty pays
double (Exod. 22:8).
28
997
998
3.5
Judgment
Execution
30
999
Israelites
1000
that there will never cease to be poor people in the land (Deut.
15:4, 11). Concerned about the condition of the poor (Deut. 14:17),
Israel has special regulations to provide for their food and proper
treatment (Deut. 15:710).
4.1.2 During the Sabbatical year, the poor were allowed to gather
freely from elds, orchards, and vineyards (Exod. 23:11). Israelites
were not to refrain from lending to the poor in anticipation of the
Sabbatical year, when debts were remitted (Deut. 15:89). During
harvest, the edges of the eld were to be left for the poor to harvest, as were any dropped produce or fallen fruit (Lev. 19:9). Leviticus
23:22 gives them to the poor and the ger ; Deuteronomy 24:19 to
the ger, the fatherless, and the widow. Similarly, one should not beat
olive trees a second time or pick over the grapevines a second time,
in order to leave the food for the ger, the fatherless, and the widow
(Deut. 24:2021). Deuteronomy calls for a tithe each third year,
eaten in ones own home town and shared freely with the ger, the
orphan, the widow, and the Levite (Deut. 14:2829).
4.1.3 The blind and deaf are also to be awarded consideration and
their disadvantages not exploited (Lev. 19:14). The one who misdirects a blind person receives a communal curse in (Deut. 27:18).
4.1.4 One must show deference to the elders (Lev. 19:32) and
respect the leaders of the people (Exod. 22:28).
4.2
4.2.1 Priests
Priests, a hereditary caste, could not drink intoxicants while on duty
(Lev. 10:9) and were subject to special purity regulations. They could
not marry a prostitute or divorce (Lev. 21:7), and a priests daughter who was not chaste was to be burned for degrading her father
(Lev. 21:9).
4.2.1.1 Not all members of the priestly clan could be priests, as
certain physical disabilities or abnormalities disqualied them. The
aicted could partake of the rations of priests but not oer sacrices
or enter restricted areas of the temple (Lev. 21:1623).
1001
4.2.1.2 Priests, who did not own territory, were paid with a portion
of the sacrice. Each priest kept gifts given to him (Num. 5:910). Yet
another source of income was nes: if a wronged party had no kin
to whom to pay 120 percent, it was given to the priest. (Num. 5:8).
4.2.1.3 Only male priests could eat gifts given to God (Num.
18:810). The narrative of Elis sons illustrates the early periods protocol: putting a trident into stewing meat, priests ate what came up;
the sons of Eli wrongfully asked for meat even before the fat was
burned (1 Sam. 2:1316)
4.2.2 Levites
Like priests, Levites had no territorial share and were involved in
religious ritual. The Bible presents three dierent stages of Levites
in Israels social system.
4.2.2.1 The Book of Judges reects a time when Levite was a
professional title rather than a hereditary caste. It relates the adventure of a young man from Bethlehem in Judah, a Levite who hired
on in Mount Ephraim as father-priest to Micah for ten silvers a
year, clothing, and food, serving as priest in Micahs chapel ( Judg.
17). In the classical system of Leviticus and Numbers, Levites performed the work of the sanctuary and were assigned to the Aaronid
priests (Num. 18:21, 23).
4.2.2.2 Levites were supported by tithes (Num. 18:24), and tithed their
tithes for the priests (Num. 18:2528). They were given forty-eight cities
with pastureland of two thousand cubits all around (Num. 35:15.).
They could receive other donations (Num. 18:2531; Deut. 18:14).
4.2.2.3 When Deuteronomy eliminated the local shrines, it called
for Israel to take care of the Levites outside Jerusalem who had lost
their jobs (Deut. 12:1719). In order to do so, Deuteronomy assigned
the tithe oering on the third year (consumed in the settlements) to
Levites as well as ger, orphan, and widow (Deut. 14:2729; 26:12).
Deuteronomy also allows Levites to leave their local cities, come to
the central sanctuary and share in the oerings there (Deut. 18:68).
They and the ger were to join in the festive meal at the oering of
the rst fruits (Deut. 26:11).
1002
4.3
Foreigners 31
4.3.1 The resident alien of Israel, the ger, was subject to the laws
of Israel and was not to be abused (Exod. 23:9; Lev. 19:33). The
one who subverts the rights of the ger, the fatherless, and the widow
receives the communal curse in Deut. 27:19. The ger was subject to
the legal restrictions of Israelites. They were not to curse with Gods
name on penalty of death (Lev. 24:16); they were subject to the
same penalties for homicide, battery, or damage to animals (Lev.
24:1822).
4.3.2 The ger was considered disadvantaged, along with the orphan
and widow (Exod. 22:2122). Their judgment was not to be subverted (Deut. 24:17); they could glean in the elds and vineyards
and join in eating rst fruits (Deut. 26:11).
4.3.3 Leviticus 25 considers the situation in which the resident ger
becomes rich enough to have Hebrew debt slaves and calls upon
the relatives to redeem the slaves by considering the number of years
left until the Jubilee and paying him the wages of a hired hand for
that number of years (Lev. 25:4754).
4.3.4 Unlike the ger, the nokri (foreigner) did not have to observe
dietary rules, could buy the carcasses of animals found dead (Deut.
14:21), and pay back debts in the sabbatical year (Deut. 15:3).
4.4
4.4.1 The legal system envisions Israelites as male heads of households, while women are dened in relationship to the household.
According to the Pentateuchs grand narrative, this system was instituted by Moses, who addressed only the men of the congregation,
saying do not approach a woman, when he told Israel to remain
sexually chaste in anticipation of the encounter with God (Exod.
19:15). Women were normally attached to a household as wives,
daughters and daughter-in-laws, and their status depended both on
the household and their position in it. Unattached women such as
divorces and widows would normally be expected to marry again.
31
1003
4.4.2 The narratives show that before the monarchy, women could
rise to public authority within the household. On the other hand,
there were no controls on heads of household, who could abuse
women at will. With the consolidation of the monarchy, women were
shut out of the hierarchies of political power, but their husbands and
fathers could no longer kill them.32
4.4.3 Full adulthood was reached at twenty, when one was counted
in the census (Num. 1:23,18; 1 Chron. 27:23; 2 Chron. 25:5), went
into the army (Num. 1:22) and paid the head tax of one-half shekel
(Exod. 30:1314), and Levites began to work in the sanctuary (1
Chron. 23:24, 27; Num. 4:3 has 30, and Num. 8:24 has 25).33
4.5
Slavery34
4.5.1 Terminology
The ordinary term for a male slave, 'ebed, is qualied as 'ebed 'ibri,
Hebrew Slave, with release in the seventh year. Female slaves have
two terms, "amah and ipah, which most texts use interchangeably.
The term mas, tribute, describes war captives taken for state labor.
4.5.2 Acquisition
4.5.2.1 Hebrew slaves are usually acquired as a result of their
poverty. Some are debt slaves,35 like the sons of the widow of
Zarephath, whose creditor is about to come and acquire them until
Elisha creates an unending supply of oil and directs her to pay o
the debt. (2 Kings 4:1). The community returned from Babylonian
exile was in such dire economic straits that their sons and daughters became slaves (Neh. 5:5). A second mode of acquisition may be
purchase, as by buying the thief who is sold into slavery because he
cannot make appropriate restitution (Exod. 22:2). Yet a third mode
is by birth: should a master give a Hebrew slave a wife, the children remain the masters after the slave goes free.
32
1004
Treatment
36
Westbrook, Studies . . ., 89109. Westbrook argues that avenged implies vicarious punishment, that is, the death of the slave owners child or its ransom, since
the slave can be a minor taken for debt. My own sense is that even here, the
owner himself bears the punishment. Either way, the law deals with all slaves, not
just foreigners without blood avengers.
1005
Termination
37
Originally suggested by Paul, Book of the Covenant . . . For a full discussion, see
Levine, On Exodus 21,10 . . . Levine sides with the early interpreters.
38
For dierent interpretations, see Loewenstamm, bqrt thyh . . .; Milgrom,
Betrothed Slave-Girl . . .; Westbrook, Studies . . ., 1019.
1006
39
For female slaves, see most recently Turnham, Male and Female Slaves . . .;
Carolyn Pressler, Wives and Daughters . . .; and Westbrook, Female Slave.
1007
Marriage
5.1.1 The man takes a wife. The father of the man may negotiate the marriage, as with Shechem (Gen. 34). Judah left home and
arranged his own marriage; later, he arranged his sons marriages
(Gen. 38). The girls father had the right to give his daughter to
whomever he chose.
5.1.1.1 The father of the girl negotiated a bride-price with the
groom or grooms father, with an expected amount the baseline, the
mohar habbetulot, set at fty shekels, but with no upper limit. Normally,
the bride-price consisted of silver or goods, but it could be services.
Othniel acquired Achsah by conquering Kiryath-Sefer ( Judg. 1:1113);
David refused Sauls oer of Merob for his ghting the Philistines
(1 Sam. 18:1719), but accepted Sauls oer of Michal for a brideprice of a hundred Philistine foreskins (1 Sam. 18:25), giving him
one hundred (2 Sam. 3:14 and the Septuagint of 1 Sam. 18:27) or
two hundred (1 Sam. 18:27). Jacob worked seven years for Rachel
and Leah respectively (Gen. 29:1628).
5.1.1.2 The payment of the bride-price might be marked by a banquet ( Judg. 14); after the payment, the girl is betrothed. She owes
delity and is subject to rules of adultery (Deut. 22:2526).
5.1.1.3 The actual marriage began when the groom claimed his
bride (Gen. 29:21), an occasion that may also have been marked by
40
See Frymer-Kensky, The Family in the Hebrew Bible; Pressler, Deuteronomic
Family Laws . . .; Rof, Family and Sex Laws . . .; Westbrook, Property and the Family . . .
1008
a banquet, given by the girls father (Gen. 29:22). The groom took
the bride home to his tent (Gen. 24:67), room ( Judg. 15:1) or uppah
( Josh. 2:16; Ps. 19:6). In the early days, in extraordinary circumstances, the bridegroom might live in his father-in-laws household,
like Jacob with Laban. Much more commonly, the woman came to
her husbands house within his fathers household cluster.
5.1.1.4 The Near Eastern custom of giving the bride-price to the
married daughter is the background of Rachel and Leahs complaint
that their father ate up their bride-price (Gen. 31:1416). Achsah
complains that her father gave her away as dry land. He then gave
her a eld with springs as a marital gift ( Judg. 1:1415).
5.1.1.5 Much more rarely, texts mention a dowry, illuim. Pharaoh
conquered Gezer and gave it to Solomon for his daughter (1 Kings
9:16); Micah tells Lachish to do the same for the king of Israel (Mic.
1:14). Laban gave his daughters maidservants as their dowry (Gen.
29:24, 29); Hagar, Sarais maid, may have come to her in the same
way. Comparison with Near Eastern texts indicates that dowries
would often contain ordinary household goods with which to set up
a household.41
5.1.1.6 Two laws discuss the treatment of unfree women acquired
as wives in divergent ways.42
a) The "amah of the Book of the Covenant (Exod. 21:710) is an
Israelite woman sold for this status by her father. If the buyer has
designated her for his son, she is treated like any other daughterin-law, becomes a wife, and is not freed in the seventh year. If the
man for whom she was acquired as a wife did not want her, he
could redeem her to another family but he could not sell her,
for his not marrying her was considered a betrayal. If he married
another woman, he had to keep providing for his "amah; if not, she
would go free. The debt for which her father may have sold her
is cancelled, but she would not get back any monetary payment to
her father, for it was not considered a bride-price. Deuteronomy
explicitly frees both male and female Hebrew slaves in the seventh
41
See Westbrook, Property and the Family . . ., 14264. Westbrook points to second
millennium parallels to the sovereign king or group being the party to whom the
land is transferred and then given to the purchaser.
42
For female slaves and the captive bride, see most recently Pressler, Wives and
Daughters . . .; Washington, Lest he die in Battle . . . ; Westbrook, Female Slave.
1009
5.1.1.7 A man might try to bypass the father and acquire a wife
by sleeping with her. When Shechem did this, he tried to make
amends by oering a very high bride-price, but her brothers killed
him and his town (Gen. 34). The Book of the Covenant demands
that the seducer pay the regular virgins bride-price. It allows the
father to take it and not give him the girl (Exod. 22:1617), whereas
Deuteronomy makes the father give him the girl (Deut. 22:2829).
In eect, it allows couples to elope. The man still has to pay the
full bride-price, and he is never allowed to divorce.
5.1.2 Polygyny
Most men would have only one wife. However, Jacob married the
sisters Leah and Rachel, and Elkanah was married to two women
(1 Sam. 1:18). Classical biblical law does not permit marriage to
sisters (Lev. 18:18) but allows polygyny. Deuteronomy considers the
man who was married to one woman whom he favored and one
whom he did not, but the law is only about the rst-born, not about
why he married more than one wife. There is no way of knowing
how common polygyny might have been.
5.1.3 The wife owed her husband exclusive delity. She also owed
him her presence. When the pilege (a secondary form of wife that
we normally translate concubine) left her husband to go back to
her fathers house, she was considered faithless (wattizneh 'alaw). When
he went to get her back after four months, however, it is not in a
punitive mode, and he speaks to her heart to have her come back
( Judg. 19:24).
Israel remembers the earlier pre-state period as a time when husbands had enormous powers over wives and fathers over sons (see
5.2.2 below). The husband could share his wife to spare his life:
1010
Abraham and Isaac passed their wives o as their sisters (Gen. 12,
20, 26); Lot and the Ephraimite host oered daughters to the mob;
and the Levite gave them his pilege ( Judg. 19:25). Ordinary adultery rules were suspended when the husband shared his wife in
an emergency: the Levite was ready to take his pilege and go the
next morning. He did not consider the event the end of his marriage until he realized that she was dead ( Judg. 19:28).
5.1.4 Divorce
Divorce is not mentioned in the Book of the Covenant, which has
almost no marital law. Deuteronomy assumes divorce and a bill of
divorce (seper keritt). Jeremiah predicts that adulteress Israel will get
a bill of divorce ( Jer. 3:8) and Deutero-Isaiah points to its absence
as a sign that Israel has not really been divorced (Isa. 50:12).
5.1.4.1 Deuteronomy mentions two reasons for divorce: the husband may nd something wrong ('erwat dabar) with his wife or he
might hate her. The law, which is about remarriage, provides no
details, but it would seem that in divorce for cause, the husband
would keep her dowry and her bride-price; if he divorced her without cause, because he simply hated her, she would leave with her
dowry and bride-price (Deut. 24:13).
5.1.4.2 Deuteronomy denies men the right to divorce their wives
in certain circumstances:
(a) A man who falsely accused his bride of not being a virgin (Deut.
22:19).
(b) A man who seduces an unbetrothed virgin pays the bride-price
and cannot divorce her (Deut. 22:29). He abused her ('innah) by
not marrying her properly.43
5.1.5 Remarriage
A man may not remarry a wife whom he divorced after she was
divorced or widowed by a second husband.44 Deuteronomy does not
allow a man to remarry his wife after he divorced her for cause
43
The action of the man is often translated as rape, but the law lacks the
word overpower that the rape law just before it uses (Deut. 22:25).
44
For dierent interpretations, see Otto, Wiederherstellung . . .; Pressler, Deuteronomic Family Laws . . ., 4462; Westbrook, Restoration of Marriage . . .
1011
('erwat dabar), she married another man, and she became free again
when the second husband died or divorced her without cause (he
hated her): she has been deled (huamma "ah) and it would be an
abomination (to'ebah: Deut. 24:14). The reason for this particular
prohibition may be economica husband, having kept her rst
dowry and bride-price when he divorced her for cause, should not
be allowed to then acquire her second dowry and bride-price, which
she kept when widowed or divorced without cause. The abomination and delement language point to a prohibition of all such cases
of remarriage, a view expressed by Jeremiah, who asks whether a
rst husband can remarry his ex-wife after an intervening marriage
to another husband and answers that such action would pollute the
land ( Jer. 3:1).
5.1.6 Levirate 45
If brothers were still living together and one of them died without
children, his brother would sleep with his brothers widow in order
to engender a child who would carry on the dead mans name and
claim his inheritance (Deut. 25:56). Even though sleeping with ones
sister-in-law is a forbidden relationship, incest rules were suspended
for the levirate.
5.1.6.1 The levirate is an important plot element in the story of
Tamar and Judah (Gen. 38). When Tamars husband Er died, her
father-in-law commanded his second son, Onan, to perform the levirate. This involved considerable economic sacrice by Onan. If only
two sons remained at the time of Jacobs death, his estate would be
divided into three portions, and as eldest, he would get a double
share, or two thirds of his fathers estate. However, if he engendered
an heir for Er, that boy would inherit his fathers double share, or
one half of Jacobs estate, and Onan would receive only one quarter. Onan was not willing to damage his economic future and would
withdraw his semen at ejaculation (coitus interruptus) to prevent conception. For this, God killed him. Judah should then have given his
third son, Shelah, to Tamar, or, since his son was young, should
have performed the levirate himself. He, however, was afraid that
Tamar was a fatal bride, and so he lied when he told her to wait
45
See Pressler, Deuteronomic Family Laws . . ., 6374; Westbrook, Property and the
Family . . ., 6989.
1012
in her fathers house until Shelah would grow up. When Tamar
realized what had happened, she disguised herself as a prostitute in
order to trick Judah into performing the levirate. Judah was ready
to execute the pregnant Tamar for faithlessness, but realizing that
the child was his, he declared her more in the right than he and
brought her into his house. He never slept with her again, as the
levirate is copulation until conception, not marriage. As may have
happened in other levirates, the children may have inherited their
fathers share, but they were (also) considered Judahs children.
5.1.6.2 Deuteronomy provides for a ritual of release in which a
widow and her brother-in-law declared that he did not want to marry
her in front of the elders at the gate. She would take his sandal o
his foot, spit in his face, and declare, Thus shall be done to the man
who will not build up his brothers house. He then became known
as the house of the removed sandal (Deut. 25:710). The humiliating nature of this ritual indicates that it was intended to shame
men into performing the levirate rather than undergo the ritual.46
5.2
Children47
1013
consort Bilhah (Gen. 35:22), and the story of Absaloms revolt includes
an incident in which David left ten concubines to guard the harem
when he ed the city (2 Sam. 15:16). Absaloms counselor Ahitophel
suggested that he sleep with the concubines so that Israel will hear
that you have contempt for your father, and Absalom did so publicly
(2 Sam. 16:2122). When David reconquered Jerusalem, he supported
the concubines in detention but did not sleep with them, making
them virtual widows until their death (1 Sam. 20:3). The concubine
ploy was tried again by Davids son Adonijah, who asked Bathsheba
to ask Solomon for Abishag for wife (1 Kings 2:17). When she did,
Solomon took an oath to kill Adonijah and did (1 Kings 2:1725).
5.2.1.2 A son could dishonor his father by being a nabal, one who
willfully ignored Israels rules of propriety (Prov. 15:20), and by being
a glutton and drunkard (Deut. 21:1823).48 A daughter could dishonor her father by not being chaste.49 A girl accused and convicted
of not being a virgin at marriage is stoned at her fathers door
because she committed an abomination by being faithless to her
fathers house (Deut. 22:2021).
5.2.2 Israel remembers a time in which parental rights over children
were absolute, even including the right to kill ones child, as with
the Binding of Isaac (Gen. 22) or the sacrice of Jepthahs daughter ( Judg. 11), or Judahs decree of execution of his daughter-in-law
Tamar (Gen. 38:24). The father in the old days might also make
his daughter a prostitute (Lev. 19:29).
5.2.2.1 Fathers Rights
Israels classical law regulates and limits the rights of the father.
Leviticus decrees that a father cannot turn his daughter into a prostitute (Lev. 19:29), and Deuteronomy limits the fathers ability to
control his children, limiting choice by legal decree and transferring
the authority to execute to a council of elders.
(a) First-born son. Genesis reects Near Eastern law in which fathers
could designate a son as rst-born. Isaac on his deathbed had a
favored blessing to give a son (Gen. 27); Joseph dreamed that he
would be the dominant son; his fathers gift of a special robe indicated the same (Gen. 27). Deuteronomy prohibits a man from
48
49
1014
5.2.3 Parents and children were not to be executed for each others
misdeeds (Deut. 24:16). The rule is cited by the Deuteronomic historian when King Amaziah slew the men who had killed his father
but not their sons, as it is written in the book of the law of Moses
(2 Kings 14:6).
5.2.3.1 The Book of Joshua records an early exception to this rule:
Achan, convicted of violating the erem at Jericho, was stoned and
then burnt together with his sons and daughters and his oxen and
asses ( Josh. 7:2425). The reason is the nature of erem: the presence of a erem object turned the whole household into a erem. They
were stoned for violation of the erem and were then burned to get
rid of all traces of erem contamination.
5.2.3.2 The right to kill children for parental misdeeds is reserved
to God, who is said to punish till the third or fourth generation
(Exod. 20:5).
5.2.4
Birth
5.2.4.1 Surrogacy
As elsewhere in the ancient Near East, Israel knew of a custom in
which a childless woman gave her husband a slave to conceive a
child. One case, Hagar, did not work well, and the child was considered Hagars rather than Sarais (Gen. 16). In the other two cases,
Bilhah the slave of Rachel and Zilpah the slave of Leah (Gen. 30:5,
8, 13) the child was both the slaves and the slave owners.50
50
1015
5.2.4.2 Having a child with a prostitute, a custom known from elsewhere in the ancient Near East, is recorded as the parentage of
Jepthah ( Judg. 11).
5.2.4.3 In both surrogacy and prostitute maternity, the child was
considered legitimate if the father brought him home. Nevertheless,
at Sarais request (backed up by God), Abraham sent Hagar and
Ishmael away, freeing them from slavery in the process, and Jephthahs
brothers expelled him ( Judg. 11:12).
5.2.4.4 Yet another rare way of acquiring children was adoption.51 No
laws or narratives about adoption exist, but it served as the basis for
the metaphorical relationship of God and Israel in Jeremiah (3:19) and
of the relationship between God and David in Psalm 2. Gods statement to David, You are my son, today I give birth to you (Ps. 2:7),
and Gods statement to foundling Jerusalem (Ezek. 16:6), In your
blood, live! In your blood, live! may be ritual adoption formulae.52
6. P I
6.1
Tenure
Leviticus 25 deals with successive stages of impoverishment. If a person was forced to sell his plot, the buyer had to allow for redemption
51
1016
1017
case was not quite typical, for she came as the king was listening to
Gehazi (Elishas servant) tell the story of Elishas bringing a dead
boy back to life. Gehazi pointed her out as the mother of the boy,
and the king sent an ocer to restore to her both her land and the
harvests harvested during her absence.
6.1.2.2 Returning after exile underlies the book of Ruth. Naomi
came back when there was food, and during that harvest, she and
Ruth survived by gleaning. After the harvest, Naomi wanted to sell
her husbands elds. Ruth oers herself to Naomis near kinsman,
Boaz, who betroths her. He cannot purchase Naomis land until it
is relinquished by the closest kinsman, who had the triple right of
inheritance, redemption, and rst purchase. Boaz convinces the kinsman to relinquish his right by proclaiming his own intention to beget
an heir to that land with Ruth (reading with the Kethib).55
6.1.3
Restrictions on Exploitation
1018
6.2
Inheritance
Sons inherit from their father. If there are no sons, then the mans
brother inherits; if no brothers, an uncle, and if no uncles, another
kinsman (Num. 27:11). In certain circumstances, daughters could
inherit (see 6.3.3 below). The heirs divided the estate among themselves, until which point they held it in common ownership.56
6.2.1 Several passages refer to a mans giving directions to his
household in anticipation of his death (2 Sam. 17:23; 2 Kings 20:1;
Isa. 38:1). This was an opportunity for a man to give gifts in anticipation of death (such as to his wife), to issue orders about the
usufruct of his property, and, in the early days, to designate his bekor,
his rst-born. Later, it was an opportunity to dictate inheritance
(Ben Sira 3:24).
6.2.2 The bekor, the chief heir or rst-born, received a double
share in the paternal inheritance (Deut. 21:17).57 The rst-born son
was presumed to be the bekor, the chief heir, but the stories of Isaacs
blessing (Gen. 27), and of Jacob blessing his grandchildren (Gen.
48:1222) show that in the ancestral period, Israel shared the Near
Eastern custom of giving a man discretion to choose who would be
the rst-born.
Jacobs preferential treatment of Joseph and Josephs dreams indicate that a man could prefer the rst-born of his favorite wife over
the rst-born of any other wife. Deuteronomy takes away the discretion of the father to do so, demanding that the rst to be born
be appointed the rst-born (Deut. 21:1516).
6.2.3 Epiklarate
Daughters inherit from their sonless father. A legal storyette relates
that the ve daughters of Zelophehad appeared before the congregation to ask to inherit from their father, maintaining that their
fathers name should not be lost since he had not participated in
the Korah rebellion. God then creates the law of inheritance: sons
inherit; if there are no sons, daughters; if no daughters, a brother;
56
1019
Widows
The degree to which a widow had a claim to her dead husbands land
is a matter of some dispute.58 Sons, or daughters in the absence of
sons, may have taken possession after their fathers death and supported their mother with the proceeds, or they may not have taken
possession until after their mothers death. No statements suggest that
widows inherit. If there were no children, and she was still young
enough to bear, she might be reattached by the levirate. In the
absence of a levirate, a male relative was expected to inherit, but a
widow may have retained rights to the harvests (usufruct) without
the right to alienate the land. In the Book of Ruth, Naomi had the
right to sell her husbands land (or the rights to its harvests), with
the nearest kin having the right of rst purchase. One way this could
happen would be if the husband gave his wife the land before he
died, but the Book of Ruth gives no hint that this was the case.
6.3.1 One of the two surviving legal ostraca from ancient Israel is
a petition written by a childless widow to the local authority pleading for him to give her a eld about which he spoke to Amasyahu.
The text mentions my husband, Amasyahu, and his brother,
with no indication whether two or three men are involved or whether
the eld the ocial gave to his brother is the same as the patrimony (naalah) that she is requesting. The original editors of the
ostracon suggest that she is asking him to disregard the law, but
commentators have argued that widows may have been given the
use (if not the title) of some of their dead husbands property.59
58
1020
7. C
Sale
Petschow, Zwiegesprchsurkunde . . .
1021
Loan61
61
Frymer-Kensky, Israel.
Gamoran, Loans on Interest; Neufeld, Prohibitions against Loans . . .; Seeligman, Lending, Pledge and Interest . . .
62
1022
7.3
Pledge
The two possible forms of security for loans are the possessory pledge,
which the borrower gives the lender at the time of the loan, and
the hypothecary pledge, which remains in the borrowers possession
unless he defaults on the loan. The term abol, pledge, refers to
the object seized at default; 'abo refers to the loan equivalent. Neither
term designates a possessory pledge.
7.3.1 Judah oers the disguised Tamar an 'erabon that he will pay
her for her sexual services (Gen. 38:1718). 'erabon (which passes into
Greek as arrabn) is a technical term for security given by the purchaser on credit and forfeitable if payment is not made.
7.3.2 Almost anything could be used as a pledge. Very poor people
might pledge the cloak on their backs. The laws try to protect debtors
from extreme consequences. Creditors could not come into a mans
house to collect a pledge (as in default of the loan); they had to
stand outside and wait for the debtor to bring the pledge out (Deut.
14:10). Milling equipment, which provided lifes basic necessities,
could not be pledged (Deut. 24:6).
7.3.3 A widows garment could not be taken in pledge (Deut. 24:17).
A mans could, but his (the poor mans only garment) was to be
returned at sunset (Exod. 22:25; Deut. 24:12). The creditor was not
to lie down on the cloak at night (Deut. 24:12), even though the
creditor himself might not be rich and might have use for a second
cloak. The sanctions are divine (Exod. 22:27; Deut. 24:1213). Amos
complains that people stretch themselves out at every altar on garments taken in pledge (Amos 2:8). The writer in the letter from Mead
Haavyahu pleads to a local authority to return his cloak, for his
supervisor came at harvest and took his garment and has not returned
it, even though the writer was entirely innocent and free of any
claim (niqqiti ). He asks the local authority to make him give it back.
7.3.4 Foreclosure
Ultimately, should the debt remain, the creditor could seize all the
debtors property (Ps. 109:1112). The prophets decry the formation
of large estates through foreclosure of debts or forcing of distress
sales to pay the debts. This process may have begun early, for Judges
1023
Many of the rules of social justice concern debts and the resultant
debt slavery. Israelites should lend money to the poor even when the
Sabbatical year is approaching and they cannot collect (Deut. 15:711).
63
1024
Should the debt result in debt slavery, the debt slave must be treated
like a hired laborer (Lev. 25:3940). The Hebrew slave becomes
free in the seventh year, even though the debt has not been repaid.
In addition, Deuteronomy calls for the cancellation of debts every
seventh year, though debts can be collected from foreigners (nokri ).
7.4.1 General Remission of Debts and Release of Slaves
Edicts eecting release of debts and slaves are well known the ancient
world,64 and one such edict is recorded in the Bible. In Jeremiah
34:1216, King Zedekiah made a pact with the people to release
their Hebrew slaves. Jeremiah reports that this was in accord with
the rule of the seventh year, which had been in eect since the
Exodus from Egypt but had not been followed. The people released
their slaves, but they promptly re-enslaved them. Their actions may
have been venal, or they may have been recognition that destitute
people have no choice other than slavery.
7.4.1.1 Another such release comes from the restoration period.
After hearing the outcry of the impoverished and enslaved Israelites,
Nehemiah censured the creditors and demanded that the slaves be
released. In addition, Nehemiah demanded that the debtors elds
be returned and that the debts be canceled. The creditors agreed
under oath and did so (Neh. 5:613).
7.4.1.2 Jubilee Year 65
Leviticus calls for a jubilee every fty years, marked by the blowing
of trumpets on the Day of Atonement. During this year, liberty
is proclaimed for all the inhabitants. Slaves are released and return
to their landholdings, which revert to their original owners. The
Jubilee is also observed as a Sabbatical year, without agricultural
activity (Lev. 25:813). The dating of this regulation has been the
subject of considerable dispute. The Mesopotamian kings issued edicts
of release, and it is unlikely that kings would give up their prerogative
to do so. Like Deuteronomys rules of minimal kingship, the Levitical
concept of the fty-year Jubilee restricts the role of the monarch,
64
1025
Suretyship
Hire
The technical term for hire is akar, which is used to describe both
the action of hiring and the hiring fee.
7.6.1 Hire of persons is for a period of time, during which they are
under the command of the hirer. Thus kings hire mercenaries (2 Kings
7:6), Micah hires a Levite as his priest for an annual wage plus food
and clothing ( Judg. 17:712; 18:4), and Leah hires Jacob for a night
from Rachel for the price of her sons mandrakes (Gen. 30:1416).
Workers were hired on a daily basis; the law stipulates that his wages
are to be paid on the same day (Lev. 19:13; Deut. 24:15).
7.6.2 Injury to hired animals is mentioned by Exodus 22:14, but the
provision is obscure.
1026
7.6.3 Judah contracts for the services of what he thinks is a prostitute, promising as payment a kid goat from his ock (Gen. 38:1517).
The technical term for a prostitutes fee was "etnan zonah (Deut. 23:19).
7.7
Deposit
1027
Overview of Penalties
Penalties included both human sanctions, overseen by the community, and divine sanctions, which were left to the hand of God.68
8.1.1 Human sanctions could be capital, corporal, talionic, or pecuniary. A distinctive feature of biblical law is that property oenses
entail loss of property: the punishment is always pecuniary. Capital
68
1028
1029
also happen if a man divorced his wife and remarried her after she
was divorced or widowed by a second husband ( Jer. 3:1).
8.1.5.2 Bloodguilt
The greatest contaminant was the blood of murder victims. To prevent this contamination, Israel had to execute murderers (Num.
35:33). Cities of refuge isolated the contamination. A murderer was
not allowed to stay there, but an accidental homicide had to stay
to quarantine the miasma of blood pollution attached to the killer.
Should a corpse be discovered and the killer not be detected, the
elders of the nearest city were to decapitate a heifer over an eternally owing stream, avow their innocence, and pray that God not
let the bloodguilt settle on the land (Deut. 21:19).
8.1.5.3 A mans body, hung or impaled after execution, must be
cut down at nightfall, so that you will not pollute your land (Deut.
21:2223).
8.2
Homicide 70
The one who strikes another in secret incurs the communal curse
in Deut. 27:24. A murderer must be put to death (Exod. 21:12; Lev.
24:18), a rule that extends also to animals (Gen. 9:5), so that an ox
that gores someone to death is stoned and its esh may not be eaten
(Exod. 21:28). The explicit reason is that humans are the divine
image (Gen. 9:6). The civil war that almost destroyed the tribe of
Benjamin began when Benjamin refused to hand over the men of
Gibeah for execution for their rape-murder of the concubine ( Judg.
20:1214). David killed and impaled the men who killed Ishboshet
in order (he said) to requite Ish-Bosheths blood and eliminate it
from the land (2 Sam. 4:512).
8.2.1 Anyone who kills with an iron, stone, or wooden implement
is a murderer (Num. 35:1619). Homicide without weapons (pushing, throwing something, or hitting with the st) is also murder if it
is intentional or arises out of enmity (Num. 35:2021) or the murderer lay in ambush (Exod. 21:13; Num. 35:20, 22; Deut. 19:11).
Homicide without malice is not murder. Deuteronomy gives examples
70
1030
of totally accidental homicide, such as cutting down trees and having the ax y o and hit someone (Deut. 19:5). In all such cases,
the community has to decide whether the homicide is culpable and
should be given to the blood avenger (Num. 35:2224).
8.2.2 Giving ones child to Molech, that is, child sacrice, is a
special form of homicide. It is stringently forbidden, punishable both
by death by stoning and by the divine sanction of karet (extirpation
of lineage) (Lev. 20:15).
8.2.3 Brawling is a special case. Cain, who planned a brawl with
his brother Abel and killed him, is treated as a murderer in the days
before the Flood, when homicide was not yet expiated by the killing
of the murderer (Gen. 4). The wise woman of Tekoa comes before
David as the mother of a man who killed his only brother in a
brawl. She does not want to hand him to the family for blood avenging and leave herself and her dead husband without posterity, and
David spares him. The fact that the killing was not planned and
happened in a brawl gives David some room for maneuver, and he
decides that extirpation of the lineage was not warranted (2 Sam. 14).
8.2.4 Homicide by an ox is another special case, one that demonstrates the responsibilities of holding an economically necessary but
intrinsically dangerous animal, the sacrosanct nature of human life,
and the issues of indirect homicide. The ox who kills must be stoned
as a murderer (and its esh cannot be eaten), but the owner of the
ox is free of all other claims, since he could not have foreseen or
prevented the death (Exod. 21:28). If, however, the ox had already
gored and the owner had been warned but failed to guard it and
it then killed a man or woman, the ox is to be stoned and the owner
executed. This rule covers both a criminally negligent owner who
did not try to guard the ox and the one who tried but failed.
Nevertheless, the owner, who did not personally kill anyone, is allowed
to ransom his life, paying whatever is set: Exodus does not indicate
who sets the amount of the ransom (Exod. 21:2930).
8.2.4.1 The goring ox passage states that the same rule applies if
the ox killed a minor son or daughter (Exod. 21:31). Comparison
with Mesopotamian law reveals the signicance of this phrase, as
LH 22930 provides that if a builder did not build a house suciently
1031
1032
1033
8.2.9 Negligent homicide incurs bloodguilt: the man who builds his
house without a parapet around the roof so that another falls to his
death incurs bloodguilt (Deut. 22:8).
8.2.10 Murder must be proved by at least two witnesses (Num. 35:30).
8.3
Injury72
Otto, Krperverletzungen . . .
Westbrook, Lex Talionis . . .
Houtman, Eine schwangere Frau . . .
1034
8.4
Sexual Oenses
8.4.1 Adultery75
In a culture that allows both prostitution and polygyny, the adulterer is a man who sleeps with a married woman. Both he and the
woman are to be executed (Lev. 20:11; Deut. 22:22; see Ezek. 16:40).
Proverbs, while warning against adultery, suggests that a cuckolded
husband will be too furious on the day of vengeance to accept
any bribes to let the adulterer go free. This does not mean that the
husband had the legal right to spare an adulterer but rather that a
husband who nds his wife with another man will not be dissuaded
from testifying against them (Prov. 6:3435).76 Once he did, execution
was assured. Adultery is prohibited in the Ten Commandments and
is one of the sexual misdeeds that pollute the land (Lev. 18:20, 25).
8.4.1.1 Intercourse with an engaged woman is adultery, punishable
by stoning (Deut. 22:2324). A wife proven to be a non-virgin bride
is also to be stoned (Deut. 22:2021).
8.4.1.2 A woman awaiting the levirate may not have intercourse.
In the story of Judah and Tamar (Gen. 38), Tamars apparent intercourse with an unknown man is labeled a faithless act (zinnunim),
and she is to be executed.
8.4.1.3 A man who has sex with a slave not yet redeemed or freed,
but neerepet to a man must pay a claim (biqqoret) and bring a ram
for expiation; the man and woman are not executed for adultery
(Lev. 19:2022). The term neerepet is commonly translated designated, as a form of slave betrothal, but there is no evidence for
this meaning; Exodus 21:8 uses y'd. An alternative suggestion is
pledged (like 'rb), so that the law protects girls distrained for their
parents debt. The law is also unclear as to who sleeps with the slave
girlher owner or some third party.
75
1035
8.4.2 Rape
Deuteronomy recognizes that rape is a crime of violence: the matter is as when a man rises up and murders another (Deut. 22:26).
The diculty is establishing whether the sex is rape or consensual.
8.4.2.1 Deuteronomy considers a case where a man overpowers
and sleeps with an engaged woman in a eld, where a girls cries
could not be heard: the man is executed but the girl is not punished (Deut. 22:2527). The law assumes that sex in town was consensual, since she would have been heard if she had cried out (Deut.
22:2324). The third law involves sex with an unengaged girl but
does not state that she was overpowered (Deut. 22:28).
8.4.2.2 The issue of the girl crying out may refer to her cries
for help during the rape or her complaining immediately after the
rape (cf. 2 Sam. 13:19 and MAL A 23). On the second interpretation, the girl could vindicate herself and avoid punishment by crying rape immediately after the event.
8.4.3 Seduction
Exodus provides that a seducer must pay the bride-price, but the
father can take it without giving her as his wife (Exod. 22:16). In
Deuteronomy, a man who catches (tapsah) a virgin and sleeps with
her pays the bride-price and marries her without right of divorce
(Deut. 22:2829). Since he did not approach her parents rst, his
seduction was abuse ('innah). However, the key word for rape, overpower (heeziq), is not present. As with so many family laws in
Deuteronomy, the law limits the authority of parents: the father must
give the girl to her seducer. In eect, the law allows a couple to
marry even when they know the father will not approve: they can
force his hand by eloping.
8.4.4 Forbidden Sexual Partners
In Leviticus 18 and 20, the practice of forbidden sexual relationships by the pre-Israelite inhabitants of the land polluted the land
so that it vomited them out (Lev. 18:25). If Israel does the same,
the land will also vomit them out (Lev. 18:28).
1036
8.4.4.1 Incest
The rules regarding incest are formulated in terms of forbidden
women (Lev. 18; 20:1112). A man cannot sleep with his mother
or his fathers wife, his sister (uterine or not), granddaughter, stepmothers daughter born in the household, aunt, uncles wife, daughterin-law, or brothers wife. The daughters absence is conspicuous but
sleeping with her was forbidden by the prohibition of sleeping with
ones own esh. No equivalent list details whom a woman cannot
sleep with; the law, addressed to males, does not consider women
the initiators of sexual relations (Lev. 18:616).
8.4.4.2 Sleeping with certain pairs is prohibited: a woman and her
daughter or granddaughter, or two sisters (Lev. 18:1718). The one
who lies with sister or mother-in-law incurs the communal curse in
Deuteronomy 27:2223. Amos indictment of the father and son
sleeping with the same girl indicates that this is a parallel forbidden
pair (Amos 2:7).
8.4.4.3 Deuteronomy forbids a man to sleep with his fathers wife,
which strips his father naked (Deut. 23:1). The man who does so
incurs the communal curse in Deuteronomy 27:20. The narratives
indicate that this act is seen as dishonoring the father.
8.4.4.4 One cannot sleep with a menstruating woman (Lev. 18:19;
cf. Ezek. 18:6).
8.4.4.5 Bestiality is forbidden (Lev. 18:23), punishable by death
(Exod. 22:18). Whoever lies with a beast incurs the communal curse
in Deuteronomy 27:21. This is the only act that names women as
subjects: they cannot sleep with male animals (Lev. 18:23). Both man
and beast and woman and beast have bloodguilt and are to be killed
(Lev. 20:1516).
8.4.4.6 One cannot sleep with a male as the lying with a woman
(Lev. 18:22). In context, it almost certainly prohibits anal intercourse
between men. They have incurred bloodguilt and should be put to
death (Lev. 20:13).77
77
1037
Theft 78
78
Jackson, Theft . . .
Cooper, Plain Sense . . . The law is often interpreted as a command to help
a fallen pack animal and reload his pack, but robe does not mean fallen, for
which see Humon, Exodus 23:45 . . .
79
1038
8.5.4 Moving land boundary markers (thereby stealing land) is forbidden (Deut. 19:14). The one who moved a landmark incurs the
communal curse of Deuteronomy 27:17.
8.5.5 Eating from anothers eld or orchard is not considered theft,
but one must not bring a basket to carry away produce or a sickle
to cut down grain (Deut. 23:2526).
8.5.6 Burglary
A householder who kills a thief caught in the process of breaking in
does not incur bloodguilt. If, however, the sun has risen, the thief
must pay the appropriate restitution, and if he does not have it, he
can be sold as a slave (Exod. 22:12). This law has been understood
to mean that theft at night entitles the owner to kill to protect his
property, but in the daytime, when the danger is not so great, the
householder may not kill.
8.5.7 Fraud
Weights and measures must be true (Lev. 19:35; Deut. 25:1316).
The laws provide no specic sanctions; Deuteronomy labels the one
who uses false measures an abomination (to'ebah), and Leviticus requires
the doers of all prohibited acts to present an appropriate expiatory
sacrice, a sort of ne to the temple (cf. Amos 8:5).
8.6
Damage to Property
8.6.1 One who digs or opens a pit without covering it must pay
for the ox or ass that falls in, paying the owners for the animal and
taking the carcass (Exod. 21:3334).
8.6.2 A man who sets a re on his own property which spreads
to another eld must pay restitution from the best of his eld. He
must pay even if the other eld had thorns, stalks or standing sheaves
which contributed to the spread of the re (Exod. 22:45).
8.6.3 Injury to slaves
The owner of a slave was penalized for excessive punishment resulting in the slaves injury or death (see 4.5.3.3 above). The laws do
not discuss injury to slaves by outsiders.
8.6.4
1039
Injury to Animals
8.6.4.1 One who kills anothers animal must replace it (Lev. 24:18),
but whoever borrows an animal does not pay for its death or injury
if its owner is with it (Exod. 22:1314).
8.6.4.2 If someones ox gores another ox to death, the owners divide
the money from the sale of the living ox and divide the carcass of
the dead ox. If the ox that gored was a known gorer, its owner
replaces the dead ox and takes its carcass (Exod. 21:356).
8.6.4.3 One must help someone elses animal that is in distress and
has fallen under its load (Deut. 22:4).
8.6.4.4
(a)
(b)
(c)
(d)
8.7 Falsehood at law (and perjury) are serious oenses, part of the
Ten Commandments.
8.7.1 False oath is an oense against the other and a trespass against
God. One who takes a false oath concerning deposit, robbery, fraud,
or ownership of a found article must return the object, plus a fth
of its value, and give an ox for expiation (Lev. 5:2026).
8.7.2 False witness is a prohibition in the Ten Commandments, and
false witnesses are punished with the same punishment that the person they are testifying against would have had to bear (Deut. 19:1819).
8.7.3 A husband who accuses his wife of adultery is not subject to
penalties for false accusation (Num. 5:31).
1040
8.7.4 Perversion of justice is serious oense, and the one who takes
money to punish or execute an innocent man incurs the communal
curse of Deuteronomy 27:25.
8.8
8.8.1
Slander
8.8.2 One may accuse ones wife of adultery. However, a man who
falsely accused his wife of not being a virgin bride is ogged, pays
one hundred shekels to his wifes father, and can never divorce her
(Deut. 22:19).
8.9
8.9.1
Witchcraft
1041
8.10.3 Naboth was found guilty of cursing god and king. He was
executed and his land forfeited to the king (1 Kings 21:1016).
Apparently, his sons were also executed (2 Kings 9:26).
8.11 Apostasy (worshipping other gods) is strictly forbidden, an
essential element of Israels covenant with God and forbidden by the
First Commandment. Deuteronomy provides for human sanctions:
anyone known to worship other gods or the heavenly host will stand
trial and if convicted, is stoned to death (Deut. 17:15). Prophets or
diviners who advocate it are to be put to death; ones own family
member is to be stoned (Deut. 13:212).
8.11.1 A town that commits apostasy is to be put to the sword.
The cattle are to be killed; all the town and spoil are to be burned
with nothing spared and the town is not to be rebuilt (Deut. 13:1319).
8.11.2 One cannot be a qedea or a qade (Deut. 23:18). These are
often translated as cult prostitutes, but there is no evidence of cult
prostitution in Israel. They are a kind of priest and priestess associated with Canaanite worship.80
8.12 Idolatry was also strictly forbidden, both molten images (Lev.
19:4) and worked stone worship items ("eben maskit) (Lev. 26:1). The
making of the Golden Calf was the great sin of Israel at Sinai, even
though the calf and the festival were for YHWH (Exod. 32). An
image is an abomination (to'ebah), and the maker is subject to the
communal curse (Deut. 27:15). Deuteronomy also prohibits planting
an asherah or any other tree next to the altar of God or setting up
stone pillars (maebah: Deut. 16:21).
8.13
80
1042
1043
Boecker, H. Law and the Administration of Justice in the Old Testament and Ancient East.
transl. J. Moiser. Minneapolis: Augsburg, 1980.
Bons, E. Konnte eine Witwe die naalh ihres verstorbenen Mannes erben? berlegungen zum Ostrakon 2 aus der Sammlung Moussae, ZAR 4 (1998) 197208.
Bord, L. Ladoption dans la bible et dans le droit cuniforme, ZAR 3 (1997) 17494.
Bordreuil, P., F. Israel, and D. Pardee. Kings Command and Widows Plea: Two
New Hebrew Ostraca of the Biblical Period, Near Eastern Archaeology 61/1 (1998)
213.
Braulik, G., ed. Bundesdokument und Gesetz: Studien zum Deuteronomium. Freiburg: Herder,
1995.
Carmichael, C. Law and Narrative in the Bible: The Evidence of the Deuteronomic Laws and
the Decalogue. Ithaca: Cornell University Press, 1985.
. The Origins of Biblical Law: The Decalogues and the Book of the Covenant. Ithaca:
Cornell University Press, 1992.
. Laws of Leviticus 19, Harvard Theological Review 87 (1994) 23956.
Chaney, M. Debt Easement in Israelite History and Tradition. In The Bible and
the Politics of Exegesis: Essays in Honor of Norman K. Gottwald on his Sixty-Fifth Brithday,
ed. D. Jobling et al. Cleveland: Pilgrim Press, 1991, 12738.
Chirichigno, G. Debt Slavery in Israel and the Ancient Near East, JSOTSup 141. Sheeld:
JSOT Press, 1993.
Cogan, M., and H. Tadmor. II Kings. Anchor Bible. New York: Doubleday, 1988.
Cooper, A. The Plain Sense of Exodus 23:5, HUCA 59 (1988) 122.
Daube, D. Studies in Biblical Law. Cambridge: Cambridge University Press, 1947.
Davies, E.W. The Meaning of pi enayim in Deuteronomy xxi 17, VT 36 (1986)
34147.
Falk, Z. Hebrew Law in Biblical Times. 2d ed. Provo: Brigham Young/Winona Lake:
Eisenbrauns, 2001.
Finkelstein, J. An Old Babylonian Herding Contract and Genesis 31:38f., JAOS
88 (1968) 3036.
Fishbane, M. Biblical Interpretation in Ancient Israel, Oxford: Oxford University Press, 1984.
Fleishman, J. The Age of Legal Maturity in Biblical Law, Journal of the Ancient
Near Eastern Society 21 (1992) 3548.
. Parent and Child in Ancient Near East and the Bible. Jerusalem: Magnes, 1999 (in
Hebrew).
Frymer-Kensky, T. Patriarchal Family Relationships and Near Eastern Law, Biblical
Archaeologist 44 (1981) 20914.
. Pollution, Purication and Purgation in Biblical Israel. In The Word of God
Shall Go Forth: Essays in Honor of David Noel Freedman in Celebration of his Sixtieth Birthday, ed. C. Meyers and M. OConnor. Winona Lake: Eisenbrauns, 1983, 399414.
. The Strange Case of the Suspected Sotah (Numbers v 1131), VT 34 (1984)
1126.
. Israelite Law: State and Judiciary Law. In The Encyclopedia of Religion, ed.
M. Eliade. New York: Macmillan, 1987, 7:47881.
. The Family in the Hebrew Bible. In Religion, Feminism and the Family, ed.
A. Carr and M. Stewart. Louisville: Westminster/John Knox, 1996, 5573.
. Deuteronomy. In The Womens Bible Commentary, ed. C. Newsom and S. Ringle.
Louisville: Westminster/John Knox, 1998.
. Virginity in the Bible. In Gender and Law in the Hebrew Bible and the Ancient
Near East, ed. V. Matthews et al. JSOTSup 262. Sheeld: Sheeld Academic
Press, 1998, 7997.
. Israel. In Security for Debt in Ancient Near Eastern Law, ed. R. Westbrook and
R. Jasnow. Brill: Leiden, 2001, 25163.
. Victors, Victims, Virgins and Voice, forthcoming.
Gamoran, H. The Biblical Law against Loans on Interest, JNES 30 (1971) 12734.
1044
1045
1046
and Law in the Hebrew Bible and the Ancient Near East, ed. V. Matthews et al. JSOTSup
262. Sheeld: Sheeld Academic Press, 1998, 195213.
Weinfeld, M. Elder. In Encyclopedia Judaica. Vol. 6, cols. 57880.
. Deuteronomy and the Deuteronomic School. Oxford: Oxford University Press, 1972.
. Israelite Religion. In The Encyclopedia of Religion, ed. M. Eliade, New York:
Macmillan, 1987, 7:48197.
. The Decalogue: Its Signicance, Uniqueness and Place in Israels Traditions.
In Religion and Law: Biblical-Judaic and Islamic Perspectives, ed. E. Firmage et al.
Winona Lake: Eisenbrauns, 1990, 347.
. Social Justice in Ancient Israel and in the Ancient Near East. Jerusalem and Minneapolis:
Magnes/Fortress, 1995.
Welch, J. Reections on Postulates: Power and Ancient LawA Response to
Moshe Greenberg. In Religion and Law: Biblical-Judaic and Islamic Perspectives, ed.
E. Firmage et al. Winona Lake: Eisenbrauns, 1990, 11319.
Westbrook, R. Biblical and Cuneiform Law Codes, Revue Biblique 92 (1985) 24765.
. The Prohibition on Restoration of Marriage in Deuteronomy 24:14. In
Studies in Bible, ed. S. Japhet. Scripta Hierosolymitana 31. Jerusalem: Magnes, 1986,
387405.
. Lex Talionis and Exodus 21:2225, Revue Biblique 95 (1986) 5269.
. Studies in Biblical and Cuneiform Law. Cahiers de la Revue Biblique 26, Paris:
Gabalda 1988, 938.
. Cuneiform Law Codes and the Origin of Legislation, ZA 79 (1990), 20122.
. Property and the Family in Biblical Law. JSOTSup 113. Sheeld: JSOT Press, 1991.
. What is the Covenant Code? In Theory and Method in Biblical and Cuneiform
Law: Revision Interpolation and Development, ed. B. Levinson. JSOTSup 181. Sheeld:
Sheeld Academic Press, 1994, 1536.
. The Deposit Law of Exodus 22,612, Zeitschrift fr die alttestamentliche Wissenschaft
106 (1994) 390403.
. Biblical Law. In An Introduction to the History and Sources of Jewish Law, ed.
N.S. Hecht et al. Oxford: Oxford University Press, 1996, 117.
. The Female Slave. In Gender and Law in the Hebrew Bible and the Ancient Near
East, ed. V. Matthews et al. JSOTSup 262. Sheeld: Sheeld Academic Press,
1998, 21438.
Westenholz, J. Tamar, qd, qaditu, and sacred prostitution in Mesopotamia,
Harvard Theological Review 82 (1989) 24565.
Wold, D. The Kareth Penalty in P: Rationale and Cases. In Society of Biblical
Literature 1979 Seminar Papers I, ed. P.J. Achtemeier. Missoula, Mont.: Scholars
Press 1979, 146.
1047
INTERNATIONAL LAW
1. S I L
Even though the cuneiform writing system continued to be used in
the Near East through the rst millennium, cuneiform documentation
becomes progressively scantier and more one-sided towards the end
of the millennium as a result of the establishment of Aramaic as an
imperial lingua franca under the Neo-Assyrian Empire (see 2.1.2
below).1 Being written on perishable materials, the only relevant
Aramaic sources extant are three eighth-century treaties. Thus most
types of source relevant to the study of international law, while abundantly available earlier, are entirely missing from the latter half of
the millennium.
1.1
Treaties
1
See Tadmor, Aramaization . . ., and the discussion of the letter CT 54 10 in
Parpola, Neo-Assyrian Letters . . ., 123, n. 9, and SAA 1, introduction.
2
Edited by Parpola and Watanabe in SAA 2. The total of twenty-two includes
ten exemplars of Esarhaddons succession treaty (no. 6), treated in the edition as a
single text but actually representing ten identically worded treaties imposed on at
least ten dierent political parties (mostly vassal nations). On the number of the
extant exemplars of SAA 2 6, see ibid., xxixxxx, and Farber, Review . . ., 163.
3
The corpus includes several short one-column tablets, two of which (nos. 8 and
10) are probably drafts and two (nos. 3 and 12), excerpt tablets. Contrast these with
the elaborate 670line succession treaty of Esarhaddon and the multi-column treaties
with Arpad (no. 2), Tyre (no. 5), and an unidentied country (Arabs[?], no. 11).
1048
1.2
Royal Inscriptions
Royal Correspondence
Letters to Gods
A genre closely related to royal inscriptions, such texts provide invaluable rst-hand evidence on the kings position as the earthly representative of god (see 4.1.1 below). Examples are available only from
the Neo-Assyrian period.9
1.5
Legal Documents
1.6
1049
Administrative Documents
Historiographic Texts
Chronicles, king lists, diaries, and the like, though available from all
sub-periods of the millennium, are generally of limited value to the
study of international law. An exception is the so-called Synchronistic
History, which surveys the relations between Assyria and Babylonia
from the fteenth through the early eighth century and contains
many references to treaties concluded between the two states.11
1.8
Political Declarations
The only available example is a declaration of war styled like a literary letter, dating to the fall of the Assyrian Empire.12
1.9
Oracle Queries
Miscellanea
11
Edited and discussed by Grayson, Chronicles, no. 21 (pp. 5156 and 15770).
See Gerardi, Declaring War . . . Note that although the text is not dated,
the ductus indicates that it is not the original but a copy made in the late
Achaemenid/Seleucid period.
13
See SAA 4 nos. 12, 20, 21, 43, and 56.
14
Tadmor, Parpola, and Landsberger, Sin of Sargon . . .
12
1050
760748) and two governors of his.15 Again, such texts are typically
available only from the rst half of the millennium.
1.11 Inscriptions from Sfre in northern Syria preserve in part the
terms of three treaties between Mati"-il of Arpad and an otherwise
unknown Bar-ga"yah of KTK.16 It has been suggested that the latter was a pseudonym for Aur-nerari of Assyria and that these
treaties are the Aramaic counterpart of a documented cuneiform
treaty between the same parties. Their terms are closely parallel to
those of the cuneiform treaty.17
1.12 The Hebrew Bible contains scattered references to treaties and
to practices of international law, mostly from the periods of early
settlement and of the monarchy. It is also generally accepted by
scholars that the covenant between God and Israel, especially as represented in Deuteronomy, is modeled on ancient Near Eastern vassal
treaties. The metaphor is, however, used solely with respect to internal law. It does not provide independent information on international
treaties; rather, it relies on our knowledge of the cuneiform treaties.18
The total lack or scantiness of information from the second half
of the millennium makes it impossible to present a balanced picture
of international law of the whole period on the basis of cuneiform
sources alone. Accordingly, this chapter will concentrate on the time
of the Assyrian Empire only, a period that is both well documented
and laid the foundations of the political order of subsequent periods. Evidence from later periods, to be cited occasionally below, indicates that the picture presented by and large also applies to the latter
half of the millennium.
15
1051
2. T I S
2.1
1052
The following types of polity within and without the Empire may
be distinguished.
2.2.1 Territorial States
These were states ruled by hereditary kings (e.g., Babylonia, Egypt,
Elam, Ellipi, Israel, Judah, Lydia, Mannea, Shubria, Urartu, Phrygia).
While some of these states had earlier developed into extensive
empires successfully contesting with Assyria, all of them declined in
power after the eighth century and eventually became mere dependencies or provinces of the Empire, for at least some time during
the latter part of the millennium.
2.2.2 Dynastic Houses
Dynastic houses mostly corresponded to former provinces of disintegrated empires, ruled by local dynasts. They were named after the
founder of the dynastic line, for example, the House of Omri in
Israel, the House of Purutash in Cappadocia, the House of Yakin
and other Chaldean houses in Babylonia, and the House of Dalta
in Ellipi.
2.2.3 City States
City states were polities ruled by hereditary kings or elected citylords, often vying with other cities for the control of larger territories. This was by far the most common type of polity in the
rst-millennium Near East and, apart from Greece and Ionia, predominant in the Iranian plateau, Kurdistan and the Zagros mountains, Phoenicia, the Levant, and former areas of the Babylonian,
Egyptian, and Hittite empires.
2.2.4 The Cimmerians, the Scythians, and the numerous Arab and
Aramean tribes settled in Syria, the Jezirah, and Babylonia were
examples of nomad or semi-sedentary nations and tribes ruled by
kings, kinglets, and sheikhs.
2.3
1053
Political Relations
1054
3. T
In addition to twenty-two original treaties preserved in whole or in
part, more than fty treaties are known from early rst-millennium
cuneiform sources by reference or direct quotation.24 The majority
of such references come from the Neo-Assyrian period, and it is
likely that in these cases cuneiform treaties are in question. Three
Aramaic treaties from the same period are preserved in the Sfre
inscriptions (see 1.11 above). References to treaties are also found in
Neo-Babylonian and Achaemenid sources,25 but owing to the increased
use of Aramaic script in this period it is uncertain whether (and,
indeed, unlikely that) these treaties were drawn up in cuneiform.
3.1
1055
SAA 2, no. 1.
SAA 2, xviixviii (not extant, but referred to in numerous contemporary sources).
31
Streck Asb., 2022.
32
SAA 4, no. 20, discussed in SAA 2, xix.
33
SAA 2, xxxxxxi; ABL 129 and 1008.
34
See the discussion in SAA 2, xv, xxiv, and xxixxxxi. Since all Assyrian treaties,
though meant to remain valid in perpetuity, were phrased as bilateral agreements
between parties specied by name, succession treaties were needed to extend the
validity of the treaties to the next generation.
35
See SAA 2, xxxi. Liveranis proposal (The Medes . . .) to take these texts as
loyalty oaths imposed on Median bodyguards at the Assyrian court is contradicted
by the preambles to the texts, which explicitly dene them as agreements with the
relevant city-states. Note also that these agreements were to remain valid in all perpetuity (SAA 2 6: 10, 38284, and 39396).
30
1056
While all extant Assyrian treaties dier somewhat from one another,
they also display structural and formal similarities implying a long
tradition in the drafting of such documents.38 Every treaty opened
with a preamble specifying the parties (Treaty of A with B), which
was usually followed by an adjuration formula and/or a list of gods
presented as witnesses of the treaty. A short historical introduction sometimes, but by no means always, then introduced the actual treaty
terms, which were followed by a long curse section detailing the punishments resulting from broken treaties. The texts appear to have
been normally closed by a colophon specifying the purpose and date
of the treaty. Some of the extant treaty tablets, though not all of
them, bear impressions of royal seals (see 3.3.2).
3.3
3.3.1 General
In most texts, individual treaty sections are divided by rulings into
separate units corresponding to modern treaty articles. The phrasing is legally accurate and the order of the individual sections generally yields a well-thought-out logical scheme. For example, the
36
See Tadmor, Assyria and the West, 4243, and the discussion in Parpola,
Neo-Assyrian Treaties . . ., 18083.
37
Piepkorn Asb., 85, referring to an alliance sought for by Natnu, king of distant Nabatea.
38
For details, see SAA 2, xxxvxlii.
1057
individual treaty provisions in SAA 2 6 systematically cover all possible forms of threat against the ruling house, starting from the
denition of loyal conduct and gradually proceeding to the eventuality of open rebellion and murder of the king.
3.3.2 Relative Status of the Parties
With the possible exception of treaties with major powers, of which
only one fragmentary example is available, all extant Assyrian treaties
were formulated exclusively from the Assyrian point of view and to
the advantage of the Empire. Throughout the treaties, rst person
forms and suxes refer to the Assyrian king, while second person
forms refer to the other party. In the list of divine witnesses, Assyrian
gods precede those of the other party; in the preamble, the name
of the Assyrian king precedes that of the other party. The oath to
keep the treaty terms was taken by the other party only, while the
punishments resulting from broken treaties were to be eected by
the Assyrian great gods.39 The actual treaty terms were formulated
as oath-bound pledges and complemented by a solemn vow, again
to be made by the other party only. The seals impressed on the treaty
documents turned them into tablets of destinies sealed by the
Assyrian king as the earthly representative of the imperial god, Ashur.40
3.3.3 In practice, this kind of formulation shifted the responsibility
for keeping the treaty totally to the other party, while it gave the
Assyrian king (acting as the representative of the gods witnessing the
treaty) the unconditional right to punish the other party in the event
of a broken treaty.41
3.4
Terms
While the actual treaty terms naturally varied from case to case, certain provisions evidently of crucial interest to the Empire recur in
several treaties of the corpus:
39
Interestingly, both the adjuration and pledge/vow formulae recur in Assyrian
exorcistic texts, there applied to evil demons. This suggests that the other treaty
party was (subconsciously?) envisaged as a demonical force to be bound by magical means. See SAA 2, xxxvii, and Haas, Dmonisierung . . .
40
See George, Sennacherib . . ., 14041.
41
The responsibility of the other party to abide by the treaty terms is explicitly
pointed out in SAA 2 6: 292.
1058
42
SAA 2 2 iii 2325; 3: 4; 4 r. 9; 6: 53, 152, 169, and 266; 7 r. 5; 9: 5 and
32; see also the letter ABL 539 quoting a treaty, cited ibid., xxxii.
43
SAA 2 6: 266; 9:32. Cf. Levinson, Deuteronomy 13: 10 . . .
44
SAA 2 6: 55 and 23031.
45
See, e.g., ABL 539.
46
SAA 2 3: 3; 4: 7; 6: 83, 122, 152, 158, 349, 507; 8: 12, 17; 9:616; 13 iii 1617.
47
SAA 2 9: 32 (restored); cf. ABL 998 r. 59.
48
SAA 2 9: 69 and r. 32; 10 r. 34; 13 iii 39.
49
SAA 2 6: 17376, 49889; 9: 2021; 13 ii 34; also ABL 539: 2425.
50
SAA 2 1: 23; 2 iv 13; 9: 2325.
51
E.g., SAA 5 199 r. 915, and 200 r. 516.
52
SAA 2 1: 13; 2 iii 2123; cf. 6: 13638, 8 r. 24, 9: 1216.
53
E.g., Borger Esarh., 1034; SAA 5 35: 18.
54
SAA 2 5 iii 614 and 9: 1112 (partially restored).
55
Cf., e.g., SAA 5 106 and 107.
56
SAA 2 6: 39394.
1059
9. Surprisingly, the obligation to pay tribute and audience gifts during visits to the court (see 2.3.3, 3.1.23, and 4.2.3) is not recorded
in any of the extant treaties.
3.5
Procedure
Sanctions
In the event of a violation of the treaty terms, the sanctions prescribed in the curse section of the treaty applied as divine punishments to be literally implemented by the Assyrian party (see 3.23
and 4.1.4).
4. C I L
4.1
Law of War
1060
1061
1062
78
1063
83
For letters referring to the retrieval of runaways and deserters from vassal
rulers see, e.g., SAA 5 nos. 32, 35, 5254, and 245.
84
See, e.g., ABL 129: 2527, 1454 r. 12 (referring to Median vassals); SAA 7
58, 73, 127; Postgate, Rings . . .
85
See Streck Asb., 105, and ABL 1385 for corn shipped from Assyria to Elam
in time of famine.
1064
Borger, R. Assyrische Staatsvertrge. In Texte aus der Umwelt des Alten Testaments,
Bd. I/2, ed. O. Kaiser. Gtersloh: Gerd Mohn, 1983, 15577.
Brinkman, J.A. Foreign Relations of Babylonia from 1600 to 625 B.C., AJA 76
(1972) 27477.
. Political Covenants, Treaties, and Loyalty Oaths in Babylonia and between
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81111.
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ideologia, funzione. Rome: Lerma di Bretschneider, 1990.
Fales, F.M. The Enemy in Assyrian Royal Inscriptions: The Moral Judgment.
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Farber, W. Review of K. Watanabe, Die ad-Vereidigung anlsslich der Thronfolgeregelung
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Fitzmeyer, J. The Aramaic Inscriptions of Sefre. Biblica et Orientalia 19. Rome: Pontical
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. La propagande royale assyrienne, Akkadica 27 (1982) 1629.
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Lambert, W.G. Review of H.U. Steymans, Deuteronomium 28 und die ad zur Thronfolgeregelung Asarhaddons, AfO 4445 (19978) 39699.
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1065
1066
1067
INDICES
Subject Index ............................................................................
1069
1141
1141
1150
1151
1151
1152
1154
1155
1155
1156
1156
1156
1160
1161
1161
1167
1202
1207
1209
1068
1069
SUBJECT INDEX
Alphabetization is word-by-word (e.g., Age of majority precedes Aged persons). Page numbers
ending in n refer to notes.
Abandoned children, 54
Mesopotamia
Middle Assyrian Period, 540
Neo-Babylonian Period, 937
Abandoned land
Israel, 10161017
Abandoned spouse. See Desertion of
spouse
Abban (King of Yamkhad). See
Alalakh Level VII
Abduction. See Kidnapping
Abortion
Mesopotamia Middle Assyrian
Period, 558
Abuse of authority. See also
Corruption
Egypt New Kingdom, 345
Accounting records. See Administrative
documents
Accusations in name of king
Egypt Old Kingdom and First
Intermediate Period, 109
Achaemenid period. See Mesopotamia,
subheading: Neo-Babylonian Period
Acquisition of real property. See Real
property, subheading: transfer
by inheritance. See Inheritance
by temples. See Temples
by women. See Women
Administration of government, 2731
Alalakh IV, 704
Alalakh VII, 695696
Canaan, 738739
central administration. See Central
administration of government
Egypt
Demotic Law, 827828
Elephantine, 865, 866869
Middle Kingdom and Second
Intermediate Period, 259264
New Kingdom, 289359
Old Kingdom and First
Intermediate Period, 100103
Third Intermediate Period, 784791
Emar, 659661
Hittite Kingdom, 28, 628630
local administration. See Local
government
Mesopotamia
Early Dynastic and Sargonic
Periods, 147149
Middle Assyrian Period, 522524
Middle Babylonian Period, 488489
Neo-Assyrian Period, 887889
Neo-Babylonian Period, 916917,
1051
Neo-Sumerian Period, 188192
Nuzi, 568569
Old Assyrian Period, 438439
Old Babylonian Period, 365366
provincial. See Provincial
administration
royal family in key roles
Ebla, 232
Egypt Old Kingdom and First
Intermediate Period, 100, 101
Mesopotamia Neo-Sumerian
Period, 187
Ugarit, 721
Administrative documents. See also
Administrative orders
Alalakh IV, 704
Alalakh VII, 694
rst millennium, 1049
Mesopotamia
Neo-Assyrian Period, 884
Neo-Babylonian Period, 914
Neo-Sumerian Period, 185
Nuzi, 566568
Old Babylonian Period, 363
Administrative law. See Constitutional
and administrative law
Administrative orders, 13
Egypt
Demotic Law, 823
Elephantine, 870
Middle Kingdom and Second
Intermediate Period, 256
1070
sistership
Mesopotamia Nuzi, 587, 588
speech act, 53
Ugarit, 727729
Adultery, 47, 49, 75, 77, 80
children born from
Mesopotamia Middle Assyrian
Period, 538
Egypt
Demotic Law, 854
New Kingdom, 305, 343344
Third Intermediate Period, 811
Hittite Kingdom, 636
Israel, 985, 997, 1010, 1034
killing wife for, 77, 80
Hittite Kingdom, 636
Israel, 1034
Mesopotamia Neo-Babylonian
Period, 936, 962
Mesopotamia
Middle Assyrian Period, 524, 527,
528, 535, 553, 555556
Neo-Babylonian Period, 935, 962
Neo-Sumerian Period, 196, 204,
220
Old Babylonian Period, 366, 375,
388, 417418
Ugarit, 726
Adverse possession
Egypt Elephantine, 878
Mesopotamia Middle Assyrian
Period, 545
Age. See Age of majority; Gender
and age
Age of majority, 3940
Egypt
Elephantine, 326
New Kingdom, 326
Israel, 1003
Mesopotamia
Neo-Assyrian Period, 894
Neo-Babylonian Period, 928
Nuzi, 584
Old Babylonian Period, 379
Aged persons. See Elderly
children to care for parents. See
Parent-child relationship
Agency role of slave. See Slavery
Aggravated theft, 81
Mesopotamia Nuzi, 613
Agricultural lease. See also Hire,
subheading: land rental
Egypt Demotic Law, 847849
Mesopotamia
Neo-Sumerian Period, 205206
Mesopotamia Old Babylonian
Period, 412
treaties from third millennium, 247
Agriculture administration. See also
Fields; Vineyards
Egypt
Middle Kingdom and Second
Intermediate Period, 260, 262,
270, 272
Old Kingdom and First Intermediate
Period, 100103, 108
Israel, 1017
Mesopotamia
Neo-Sumerian Period, 191, 214
Nuzi, 598, 599
Ahhiyawa (Mycenaean Greeks), 758
Akkadian
dictionaries, 10
Edict of Telipinu in, 6
in rst millennium, 912, 917
as lingua franca in second millennium,
23, 751, 765, 766
transactional records in, 11
Alalakh Level IV (fteenth century),
703716
administration, 704
adoption, 711
children, 710
citizenship, 706
class, 706707
constitutional and administrative law,
704705
contracts, 712713
courts, 704705
crime and delict, 715716
family, 708711
gender and age, 707
gifts, 713
inheritance, 712
king, 704
land tenure, 711
litigation, 705706
loans, 713714
marriage, 708710
organs of government, 704705
personal status, 706708
property, 711712
punishment, 716
slavery, 707708
sources of law, 12, 703704
suretyship, 715
1071
theft, 715
treaties, 703, 704, 715, 754
Alalakh Level VII (Old Babylonian
period), 693702
administration, 695696
Alalakh, 693702
compulsory service, 697
constitutional and administrative law,
694696
contracts, 694, 700702
courts, 696
deposit, 702
exchange, 700701
family, 699
functions, 697
gift, 700701
inheritance, 699700
king, 694695
legislature, 695
litigation, 697698
loan, 701702
organs of government, 694696
personal status, 698699
property, 699700
sales, 700
sources of law, 693694
status, 698699
Alexander the Great, 2, 911
Alienation
Israel, 10151016
Mesopotamia Middle Assyrian
Period, 551
Aliens, 37. See also Resident aliens
Egypt New Kingdom, 317
Israel, 1002
marriage with. See Marriage,
subheading: intermarriage
Mesopotamia
Middle Assyrian Period, 530
Middle Babylonian Period, 497
as slaves, 42. See also Conquered
enemies; Prisoners of war
Egypt New Kingdom, 317
Mesopotamia Old Babylonian
Period, 380
Alliances. See Treaties
Alteration. See Forgery
Alternative dispute resolution. See
Arbitration; Mediation
Amarna letters
Canaan, 738743
Ambassadors. See Diplomacy
Ammitaqum. See Alalakh Level VII
1072
Alalakh VII, 693
Egypt
Demotic Law, 824
Elephantine, 863
Middle Kingdom and Second
Intermediate Period, 256, 268
New Kingdom, 292, 311, 335
Third Intermediate Period, 788, 805
Emar, 657658
international law in second millennium
Late Bronze Age, 753
Middle Bronze Age, 745
Israel, 976977
Mesopotamia
Neo-Babylonian Period, 913914
Nuzi, 565, 566
Old Assyrian Period, 433, 439
Old Babylonian Period, 362
Ugarit, 719
Arraphe. See Nuzi
Arrest
Alalakh IV, 715
Mesopotamia Neo-Sumerian Period,
194
Arson
Israel, 1038
Artisans. See Craftsmen and artisans
Arzawa, 758, 765
Assassinations, political
Mesopotamia Neo-Babylonian
Period, 961
Assault and battery
Israel, 1033
Mesopotamia
Middle Assyrian Period, 557558
Neo-Babylonian Period, 962
Nuzi, 612
Assembly. See City Assembly
Assimilation, 37
Assur. See Mesopotamia
Assyria. See also Mesopotamia
dominance in rst millennium, 911,
10511052
in Late Bronze Age, 757758, 759
Atata, 759
Asylum to fugitives. See Fugitives
Attorneys. See Lawyers, functions of
Authentication, 32, 33
Mesopotamia Old Babylonian
Period, 373374
Autobiographies, 12
Autonomous organizations, 29. See
also Merchants associations; Temple
Avenger of blood. See Blood avenger
1073
1074
Old Assyrian Period, 456
Old Babylonian Period, 395
Bulk goods
Mesopotamia
Neo-Babylonian Period, 951
Old Babylonian Period, 413
Burden of proof, 32
Egypt Demotic Law, 830
Mesopotamia
Neo-Babylonian Period, 923
Old Babylonian Period, 374
Bureaucracy. See Administration of
government
Burglary
Israel, 1031, 1038
Mesopotamia
Middle Babylonian Period, 517
Neo-Babylonian Period, 963964
Nuzi, 613
Old Babylonian Period, 367, 421
Burials. See Death ceremonies and
oerings; Mortuaries
responsibilities of children, generally.
See Parent-child relationship
responsibilities of eldest son. See
Eldest son
Burning as punishment
Egypt
Middle Kingdom and Second
Intermediate Period, 256
New Kingdom, 343
Israel, 1014, 1041
Mesopotamia Middle Assyrian
Period, 535
Canaan, 737743
administration, 738739
Amarna letters, 738743
compulsory service, 739
courts, 739
crime and delict, 742743
free persons, 741
function, 739
Hazor tablet, 737738
hire, 742
litigation, 740741
personal status, 741
petitions, 739740
pledges, 742
sales, 741742
similarities to Alalakh, 737738
slaves, 741
sources of law, 737
Taanach letters, 738
1075
1076
Cities. See also Local government
assembly. See City Assembly
councils. See Councils
Egypt Third Intermediate Period, 784
Israel, 986
Mesopotamia
Middle Babylonian Period, 489
Old Assyrian Period, 435436, 438
Citizenship, 3638
Alalakh IV, 706
Egypt
Demotic Law, 832
Elephantine, 37, 871
Middle Kingdom and Second
Intermediate Period, 269
New Kingdom, 316317
Old Kingdom and First
Intermediate Period, 112113
Third Intermediate Period, 795796
Emar, 663
Mesopotamia
Early Dynastic and Sargonic
Periods, 156157
Middle Babylonian Period, 496497
Neo-Assyrian Period, 892
Neo-Babylonian Period, 926
Neo-Sumerian Period, 197
Nuzi, 578580
Old Assyrian Period, 447448
Old Babylonian Period, 376377
second millennium treaties (Middle
Bronze Age), 750751
third millennium treaties, 249
Ugarit, 723
City. See Cities
City Assembly
Emar, 660
Mesopotamia Old Assyrian Period,
15, 436, 438, 439, 447
City council. See Councils
City-states
rst millennium, 1052
Late Bronze Age, 739
Mesopotamia
Early Dynastic and Sargonic
Periods, 148
Old Assyrian Period, 435
second millennium (Middle Bronze
Age), 745
third millennium, 241
Civil Law, origins of, 1
Clans. See also Tribes
Ebla, 231
Emar, 675
1077
feuds among, 71
treaties with, 763
Class, 35, 38
Alalakh IV, 706707
Alalakh VII, 698699
change of status by royal promotion
Ugarit, 724
change of status due to marriage.
See also Slavery, subheading:
marriage of slave to free person
Hittite Kingdom, 634, 635
change of status due to punishment
Egypt Old Kingdom and First
Intermediate Period, 131
Ebla, 230
Egypt
Demotic Law, 832833
Elephantine, 871
Middle Kingdom and Second
Intermediate Period, 270
New Kingdom, 316317
Old Kingdom and First
Intermediate Period, 97, 112,
113115, 131
Third Intermediate Period, 796
inheritance of status
Alalakh IV, 707
Egypt
Old Kingdom and First
Intermediate Period, 126
Third Intermediate Period, 796
Mesopotamia
Early Dynastic and Sargonic
Periods, 146
Israel, 999
Mesopotamia
Early Dynastic and Sargonic
Periods, 146, 157
Middle Assyrian Period, 530531,
533534
Middle Babylonian Period,
497499
Neo-Assyrian Period, 892893
Neo-Babylonian Period, 926927
Neo-Sumerian Period, 187, 198
Nuzi, 580583
Old Babylonian Period, 377379
Ugarit, 724
Clay tablets
legal documents written on, 5, 9, 33
Hittite Kingdom, 641, 753
Mesopotamia
Early Dynastic and Sargonic
Periods, 144, 167
1078
Nuzi, 581
Old Babylonian Period, 368
Ugarit, 722
Concubines, 44
Ebla, 233
Egypt
New Kingdom, 326
Third Intermediate Period, 800
Israel, 1009
Mesopotamia
Middle Assyrian Period, 536
Neo-Assyrian Period, 896
Nuzi, 592
Old Assyrian Period, 450, 451, 452
Old Babylonian Period, 381
Confession of crime
Israel, 996
Conrmation of royal transfer
Ugarit, 722
Conscation of property, 76
Alalakh IV, 705, 711, 716
Emar, 659, 688
Mesopotamia
Middle Assyrian Period, 546
Neo-Babylonian Period, 965
Conquered enemies. See also Prisoners
of war
Canaan, 741
Ebla, 236
enslavement. See also Slavery
Egypt New Kingdom, 332
Israel, 1004
second millennium, 751
rst millennium, 10611062
Hittite Kingdom, 633634
Israel, 1004
Mesopotamia
Neo-Assyrian Period, 892
Neo-Babylonian Period,
10611062
Consanguinity
Egypt
Middle Kingdom and Second
Intermediate Period, 275
Old Kingdom and First
Intermediate Period, 119
Emar, 668669
Conscripts
Egypt Middle Kingdom and Second
Intermediate Period, 269
Conspiracy
treaties
Alalakh IV, on punishment for
political conspiracy, 716
from third millennium
denouncing, 247
Constitutional and administrative law,
15, 2531
Alalakh IV, 704705
Alalakh VII, 694696
Assyrian royal harem, 15
Ebla, 228230
Edict of Irikagina, 15
Egypt
Demotic Law, 826829
Elephantine, 865869
Middle Kingdom and Second
Intermediate Period, 258266
New Kingdom, 294307
Old Kingdom and First
Intermediate Period, 98108
Third Intermediate Period, 783792
Hittite Kingdom, 624630
royal bodyguard, 15
royal granaries, 15
Israel, 981999
Kengir League, 147
Mesopotamia
Early Dynastic and Sargonic
Periods, 145151
Middle Assyrian Period, 522526
Middle Babylonian Period, 487491
Neo-Assyrian Period, 885889
Neo-Babylonian Period, 915921
Neo-Sumerian Period, 185193
Nuzi, 568571
Old Assyrian Period, 434441
Old Babylonian Period, 363368
Statutes of the Colony, 15
Telipinus Constitution, 6, 15, 25,
28, 619, 623626, 644, 647
Ugarit, 720722
Contingency clauses
Egypt Demotic Law, 846
Emar, 683
Mesopotamia
Middle Babylonian Period, 508,
509510
Old Assyrian Period, 462464
Continuity of law, 2223
Contracts, 11, 13, 42, 6270. See also
Apprenticeship; Deposit; Hire;
Loans; Pledges; Sales; Suretyship
Alalakh IV, 712713
Alalakh VII, 694, 700702
bilateral standard contracts, 64, 66
breach of. See Breach of contract
Ebla, 235236
1079
Egypt
Demotic Law, 824, 843852
Elephantine, 863, 880
Middle Kingdom and Second
Intermediate Period, 279281
New Kingdom, 336342
Old Kingdom and First
Intermediate Period, 127130
Third Intermediate Period, 777,
792, 804810
form of, 6466
Hittite Kingdom, 641643
Israel, 10201027
for marriage. See Marriage contract
Mesopotamia
Early Dynastic and Sargonic
Periods, 165175
Middle Assyrian Period, 546553
Middle Babylonian Period, 507515
Neo-Assyrian Period, 901905
Neo-Babylonian Period, 944961
Neo-Sumerian Period, 185, 209219
Nuzi, 605611
Old Assyrian Period, 433, 461476
Old Babylonian Period, 399414
nonperformance
Egypt New Kingdom, 336
oral. See Oral contracts
promissory oaths. See Promissory
oaths
real, 63, 66
Mesopotamia
Neo-Babylonian Period, 950, 959
Neo-Sumerian Period, 209, 212, 213
Old Assyrian Period, 461, 466
rituals associated with
Mesopotamia Early Dynastic and
Sargonic Periods, 168170
service contracts, 68
Egypt Demotic Law, 846
slaves, sold under terms of. See
Slavery, subheading: contracts for sale
slavess ability to make
Mesopotamia Neo-Babylonian
Period, 931
standardization, 64
terms of, 6869
Egypt Demotic Law, 844846
Mesopotamia
Early Dynastic and Sargonic
Periods, 170171
Middle Babylonian Period, 508
Neo-Sumerian Period, 214
Old Babylonian Period, 400401
1080
types of, 68
Egypt Middle Kingdom and
Second Intermediate Period, 279
Ugarit, 731733
Werkvertrge
Mesopotamia Neo-Babylonian
Period, 958959
Conveyances. See Real property,
subheading: transfer
Convicted criminals
as slaves
Egypt Old Kingdom and First
Intermediate Period, 118
Mesopotamia Neo-Sumerian
Period, 199
Copper
Alalakh IV, 713
Mesopotamia Neo-Assyrian Period, 902
Corporal punishment
Mesopotamia Neo-Babylonian
Period, 966
Correspondence. See Letters
Corruption, 29, 76. See also
Embezzlement
Egypt
Middle Kingdom and Second
Intermediate Period, 263
New Kingdom, 290, 343
Israel, 993
Mesopotamia Neo-Babylonian
Period, 921
Corve, 75
Canaan, 739
Egypt
Demotic Law, 829
Middle Kingdom and Second
Intermediate Period, 266
New Kingdom, 297
Old Kingdom and First
Intermediate Period, 118
Third Intermediate Period, 780
exemption decrees
Egypt Old Kingdom, 9495, 102.
See also Exemption decrees
Israel, 993
local authorities and, 29
Mesopotamia
Early Dynastic and Sargonic
Periods, 142, 149
Middle Assyrian Period, 525, 553,
554
Nuzi, 581, 582, 597, 598, 599
Old Babylonian Period, 368369
substitutes, use of
Mesopotamia Old Babylonian
Period, 369
Councils, 2829. See also City
Assembly; Elders
acting as courts, 30
Egypt
Middle Kingdom, 29
New Kingdom, 300
kings council
Hittite Kingdom, 628
Mesopotamia Old Assyrian Period,
27, 29
Courthouses, 30
Egypt New Kingdom, 306
Mesopotamia Neo-Assyrian Period, 890
Courts, 2931
Alalakh IV, 704705
Alalakh VII, 696
appeals, 30
Canaan, 739
decision. See also Judgment
Egypt
Demotic Law, 831
Elephantine, 870
Egypt
Demotic Law, 828829
Elephantine, 869, 870
Middle Kingdom and Second
Intermediate Period, 264266
New Kingdom, 290, 302307
Old Kingdom and First
Intermediate Period, 104, 105108
Third Intermediate Period, 791792
Hittite Kingdom, 630
Israel, 991993
local courts, 29
Israel, 987, 992993
Mesopotamia
Neo-Babylonian Period, 919
Old Babylonian Period, 367368
Mesopotamia
Early Dynastic and Sargonic
Periods, 150151
Middle Assyrian Period, 524
Middle Babylonian Period, 489490
Neo-Babylonian Period, 918919
Neo-Sumerian Period, 193
Nuzi, 569571
Old Assyrian Period, 439441,
442443
Old Babylonian Period, 366368
powers of, 31
records. See also Trial records
Egypt
Elephantine, 864
Old Kingdom and First
Intermediate Period, 111
Mesopotamia
Neo-Babylonian Period, 914
Old Assyrian Period, 432433
scribes role. See Scribes
Ugarit, 721722
verdicts. See Verdicts
vizier as judicial power. See Viziers
Covenant, Book of. See Hebrew Bible
Craftsmen and artisans
Egypt Middle Kingdom and Second
Intermediate Period, 281
Hittite Kingdom, 624, 633, 634
oblates as
Mesopotamia Neo-Babylonian
Period, 927
slaves as
Mesopotamia Neo-Babylonian
Period, 930
Credit. See Debt; Loans
Creditors. See Debt
collection. See Self-help
Crime and delict, 7082. See also
specic crimes (e.g., Homicide,
Theft, Rape, etc.)
Alalakh IV, 715716
Canaan, 742743
classication of wrongs, 7582
Ebla, 236237
Egypt
Demotic Law, 853854
Middle Kingdom and Second
Intermediate Period, 281282
New Kingdom, 310, 342346
Old Kingdom and First
Intermediate Period, 106, 130131
Third Intermediate Period, 810813
Emar, 687688
Erfolgshaftung, 73
evolution of criminal law, 7172
Hittite Kingdom, 643653
Israel, 10271042
Mesopotamia
Early Dynastic and Sargonic
Periods, 175176
Middle Assyrian Period, 528,
553560
Middle Babylonian Period, 515
Neo-Assyrian Period, 905906
1081
1082
Mesopotamia
Neo-Babylonian Period, 965
Old Babylonian Period, 422423
third millennium treaties, 248
Dates
Mesopotamia Neo-Babylonian
Period, 924, 949, 961
Daughters. See also Children;
Parent-child relationship
dishonoring or humiliating their
fathers
Israel, 1013
inheritance rights, 57, 59
Alalakh IV, 712
Alalakh VII, 699
Egypt
Demotic Law, 839, 840
New Kingdom, 325, 335336
Old Kingdom and First
Intermediate Period, 126
Third Intermediate Period,
803804
Emar, 670, 677, 679680
Israel, 10181019
Mesopotamia
Early Dynastic and Sargonic
Periods, 143, 165
Middle Assyrian Period, 544
Middle Babylonian Period, 507
Neo-Babylonian Period, 939, 943
Neo-Sumerian Period, 204, 206,
208, 209
Nuzi, 601
Old Assyrian Period, 448, 455, 459
Old Babylonian Period, 395, 397,
398399
royal daughters
Mesopotamia Middle Babylonian
Period, 498
suit against father
Egypt Middle Kingdom and Second
Intermediate Period, 267, 271
unmarried. See Spinsters
Daughters-in-law status
Alalakh IV, 712
Mesopotamia Middle Babylonian
Period, 503
David, King of Israel. See Hebrew
Bible, subheading: Samuel
Dead Sea Scrolls, 10
Death ceremonies and oerings
Egypt
Middle Kingdom and Second
Intermediate Period, 277
New Kingdom, 334
note
Mesopotamia Neo-Babylonian
Period, 950, 951, 952
payments. See Payments
self-help in collection. See Self-help
surety. See Suretyship
Debt relief, 1516, 38, 70
Alalakh VII, 695, 699, 702
Emar, 687
Hittite Kingdom, 653
Israel, 1024
Mesopotamia
Early Dynastic and Sargonic
Periods, 142
Middle Assyrian Period, 526, 531
Middle Babylonian Period, 500, 512
Neo-Assyrian Period, 904
Neo-Babylonian Period, 953
Old Assyrian Period, 435, 466
Old Babylonian Period, 364, 377,
378, 384, 407
Debt slavery, 38, 41, 42, 43, 81
Alalakh VII, 698
ban of
Egypt Demotic Law, 834, 847
Canaan, 741
Egypt
Demotic Law, 834
New Kingdom, 320
Old Kingdom and First
Intermediate Period, 118
Emar, 662, 664665
Hittite Kingdom, 653
Israel, 999, 1003
Mesopotamia
Early Dynastic and Sargonic
Periods, 159
Middle Assyrian Period, 552
Middle Babylonian Period, 499
Neo-Assyrian Period, 893, 904, 905
Neo-Babylonian Period, 929
Neo-Sumerian Period, 204
Nuzi, 584, 586
Old Assyrian Period, 449450, 470
Old Babylonian Period, 380, 382, 407
release for cancellation of debt, 43.
See also Debt relief
Ugarit, 724, 732
Declaration of war, 86
rst millennium, 1049, 1060
Israel, 989
Late Bronze Age, 769
Decrees. See Edicts; Oracles
Deeds
Alalakh IV, 703, 711
1083
Mesopotamia
Middle Assyrian Period, 547
Nuzi, 598
Ugarit, 719, 721, 732, 733
Default. See Loans
Defeated enemies. See Conquered
enemies
Defendant. See Parties to litigation
Delegation of authority
Mesopotamia Old Babylonian
Period, 365
Delict. See Crime and delict
Delivery
Mesopotamia Neo-Sumerian Period,
211
Demotic Law, 45, 819862. See also
Egypt
Deposit
Alalakh VII, 702
Israel, 1026
Mesopotamia
Middle Babylonian Period,
514515
Neo-Babylonian Period, 961
Old Assyrian Period, 474
Old Babylonian Period, 413414
Depositions
Egypt
New Kingdom, 308
Mesopotamia
Neo-Babylonian Period, 922
Nuzi, 567, 573
Old Assyrian Period, 433, 442,
444, 477
Desertion of spouse, 48, 50
Mesopotamia Middle Assyrian
Period, 537538
Deuteronomy, Book of. See Hebrew
Bible
Dictionaries, 10
Dietary laws
Israel, 1002
at temples
Egypt Demotic Law, 854
Diplomacy, 86. See also Envoys
Canaan, 754
Hittite Kingdom, 627628, 754
immunity
rst millennium, 1063
Mesopotamia
Middle Assyrian Period, 522
Old Assyrian Period, 438
treatment of diplomats
rst millennium, 1053
Mesopotamia Nuzi, 580
1084
payment upon, 2n, 45, 4849
Egypt
Demotic Law, 843
Elephantine, 876
Third Intermediate Period, 799
Emar, 670
Hittite Kingdom, 636
Mesopotamia
Early Dynastic and Sargonic
Periods, 148, 149, 162
Middle Assyrian Period, 536,
538, 542
Neo-Assyrian Period, 896
Neo-Sumerian Period, 203, 204
Nuzi, 593
Old Assyrian Period, 454
Old Babylonian Period, 378, 388
penalty for, 48, 49
Egypt Demotic Law, 837, 843
Emar, 670
Mesopotamia
Neo-Assyrian Period, 896
Neo-Babylonian Period, 935
Old Assyrian Period, 453454
speech act, 48
Egypt Demotic Law, 837
Emar, 670
Mesopotamia
Middle Babylonian Period, 503504
Neo-Babylonian Period, 935
Old Babylonian Period, 388
Ugarit, 726
wifes rights, 48, 49
Alalakh IV, 710
Egypt Middle Kingdom and
Second Intermediate Period, 275
Emar, 670
Mesopotamia
Middle Assyrian Period, 536
Neo-Assyrian Period, 896
Neo-Babylonian Period, 935
Old Assyrian Period, 448, 451,
453
Doctors. See Physicians fees
Documentary evidence, 32
authentication of, 32, 33. See also
Authentication
Mesopotamia Old Babylonian
Period, 373374
Egypt
Middle Kingdom and Second
Intermediate Period, 268
New Kingdom, 311313
Old Kingdom and First
Intermediate Period, 109, 111112
1085
Emar, 662
Hittite Kingdom, 631
Israel, 996
Mesopotamia
Middle Babylonian Period, 495
Neo-Assyrian Period, 891
Neo-Babylonian Period, 923924
Neo-Sumerian Period, 196
Old Assyrian Period, 445
Old Babylonian Period, 373374
Ugarit, 723
Documents. See Administrative
documents; Documentary evidence;
Edicts; Letters; Literary sources;
Private legal documents; Scholastic
documents; Treaties
Domestic violence
Egypt New Kingdom, 343
Mesopotamia Middle Assyrian
Period, 559
Door-keeper
Egypt Third Intermediate Period,
791
Dowry, 48, 6061, 62
Egypt
Demotic Law, 835, 840, 842,
854
Elephantine, 875, 876
New Kingdom, 323, 325
Emar, 670, 677, 679
Hittite Kingdom, 635, 640
Israel, 1008
Mesopotamia
Early Dynastic and Sargonic
Periods, 162
Middle Assyrian Period, 542, 543
Middle Babylonian Period, 507
Neo-Assyrian Period, 894, 895
Neo-Babylonian Period, 934, 939,
940942
Neo-Sumerian Period, 208
Nuzi, 590, 591
Old Assyrian Period, 453
Old Babylonian Period, 395,
397398
Ugarit, 725, 726
Drowning
death by, as punishment
Mesopotamia Old Babylonian
Period, 417
in river ordeal, 34. See also River
ordeal
Duties on imports
Mesopotamia Middle Assyrian
Period, 526
1086
parties to contracts, 844
parties to litigation, 829
partnership, 851
personal status, 832834
petitions, 823
pledge, 851, 852
priestly decrees, 822
private legal documents, 823825
property, 838843
provincial administration, 827828
real property hire, 847849
religious and professional
associations, 854855
repayment, 850851
royal decrees, 822
sale in advance of delivery, 846847
sales, 844847
servitudes, 839
sexual oenses, 854
slavery, 834
sources of law, 819826
special institutions, 854855
suretyship, 852
temple status, 833
temporary transfer, 852
theft, 853
transcripts of trials, 823
trial, 831
wills, 840
withdrawal after lawsuit, 831832
Elephantine, 863881
administration, 865, 866869
appeal, 870
citizenship, 37, 871
class, 871
constitutional and administrative
law, 865869
contracts, 880
court records, 864
courts, 869
evidence, 869870
family, 873875
gender and age, 872873
historical documents, 864
inheritance, 877880
king, 865
letters, 864
litigation, 869870
loans, 880
marriage, 875877
orders, 870
personal status, 871875
petitions, 870
private legal documents, 863864
1087
property, 877880
scholastic documents, 864
slaves, 873875
sources of law, 779, 863864
Late Bronze Age and international
relations, 754, 757, 759, 764
Middle Kingdom and Second
Intermediate Period, 255288
administration, 259264
administrative orders, 256
adoption, 276
central administration, 258, 259261
children, 275276
citizenship, 269
class, 270
constitutional and administrative
law, 258266
contracts, 279281
corve, 266
courts, 264266
crime and delict, 281282
curses, 282
divorce, 275
documents as evidence, 268269
evidence, 268269
family, 274276
functions, 266
gender and age, 270272
hire, 276, 280281
inheritance, 277, 278279
king, 258259
land tenure, 276277
law codes, 255256
legislature, 259
litigation, 267269
loans, 280
local government, 260, 263264
marriage, 274275
military, 266
oath as evidence, 268269
organs of government, 258266
parties to litigation, 267
personal status, 269274
polygamy, 275
private legal documents, 256257
property, 276279
provincial administration, 261263
remarriage, 275
royal inscriptions, 256
sales, 279280
security, 280
slavery, 272274
sources of law, 255257
special institutions, 282
1088
sales, 337339
scholastic documents, 293
slander, 346
slavery, 307, 319322
special institutions, 346350
state and private ownership, 330331
theft, 292, 298, 301, 344345, 349
transfer inter vivos, 333336
witnesses, 311
Old Kingdom and First
Intermediate Period, 93140
administration, 100103
administrative orders and
documents, 96
adoption, 120
categories of slavery, 118
children, 120
citizenship, 112113
class, 97, 113115, 131
constitutional and administrative
law, 98108
contracts, 127130
courts, 104, 105108
crime and delict, 106, 130131
curses, 132
debt, 129
divorce, 120
documents as evidence, 109, 111112
evidence, 109, 110112
false accusation, 130
family, 118120
forensic witnesses, 110
gender and age, 116
homicide, 130
inheritance, 116, 124127
king, 9899
land tenure, 121124
legislature, 99
Letters to the Dead, 98, 132133
litigation, 108112
local government, 104, 105
marriage, 119120
miscellaneous non-legal sources,
9798
mortuary priests, 130
oracles, 133
parties to litigation, 108
personal status, 112118
police, 108
polygamy, 120
private legal documents, 96
property, 120126
provincial administration, 103105
punishment, 131
royal edicts, 9495, 99
sale and transfer documents, 127129
slavery, 117118
sources of law, 9398
special institutions, 132133
theft and related oenses, 130
transactional witnesses, 110111
witnesses, 110
Ptolemaic Period, 820. See also this
heading: Demotic Law
administration of government, 827
central administration of
government, 827
citizenship, 832
priestly decrees, 822
royal decrees, 822
Third Intermediate Period, 777818
administration, 784791
administrative orders, 780
adoption, 801
adultery, 811
central administration, 788789
children, 801
citizenship, 795796
class, 796
constitutional and administrative
law, 783792
contracts, 804810
courts, 791792
crime and delict, 810813
curses, 813
debt and social justice, 809
divorce, 800
edicts, 778780
evidence, 794795
family, 798801
gender, 796797
hire, 782, 809810
homicide, 810811
inheritance, 803804
injury, 811
king, 784
land tenure, 802
law code, 778
Letters to the Dead, 812
litigation, 781782, 792, 793795
loans, 781, 807808
local government, 790791
marriage, 799801
oath, 795
oracles, 812
parties to litigation, 793
partnership, 810
personal status, 795798
1089
1090
peculium, 677
personal status, 663668
pledges, 685686
polygamy, 668
property, 675682
remarriage, 671
servitudes, 676
slavery, 664668, 684
sources of law, 657658
sovereignty, 658659
special institutions, 688
suretyship, 687
testate succession, 677
theft, 688
treason, 688
wifes right of inheritance, 680682
Embassies. See Diplomacy; Envoys
Embezzlement
Egypt New Kingdom, 291
Mesopotamia
Neo-Babylonian Period, 962
Neo-Sumerian Period, 220
Enemies. See also Conquered enemies
aiding and abetting
Mesopotamia Old Assyrian
Period, 477
harboring of
Egypt Middle Kingdom and
Second Intermediate Period, 282
international relations
rst millennium, 10601061
second millennium, 768769
Ensik. See Governors
Enslavement. See Slavery
Entitlements. See also Kudurru
Mesopotamia Middle Babylonian
Period, 486, 491, 505
Envoys, 86. See also Diplomacy;
Messengers
divine ambassadors
Late Bronze Age, 767
rst millennium, 1053, 1063
Mesopotamia
Nuzi, 580
Old Assyrian Period, 435, 436,
438
second millennium
Late Bronze Age, 761, 766767
Middle Bronze Age, 751
Ugarit, 723
Epiklarate
Israel, 10181019
Erishum I (ruler of Assur), 434, 436
Eshnunna, Laws of (LE), 8, 9, 361
Essential prescriptions
Israel, 975976
Estate administration. See also
Inheritance
undivided control of family head
Egypt New Kingdom, 324
Ethnicity
Egypt
Demotic Law, 832, 833
Elephantine, 871
Third Intermediate Period, 795
Emar, 668
Mesopotamia Neo-Assyrian Period, 886
Eunuchs
Mesopotamia Neo-Assyrian Period,
889, 891, 893894
Eviction
Egypt Middle Kingdom and Second
Intermediate Period, 276
Mesopotamia
Middle Assyrian Period, 547
Neo-Babylonian Period, 946
Evidence, 32
approaching God
Israel, 996997
burden of proof. See Burden of
proof
documentary evidence. See
Documentary evidence
Egypt
Elephantine, 869870
Middle Kingdom and Second
Intermediate Period, 268269
New Kingdom, 305, 311315
Old Kingdom and First
Intermediate Period, 109, 110112
Third Intermediate Period, 794795
Emar, 662663
Hittite Kingdom, 631
Israel, 995996
Mesopotamia
Early Dynastic and Sargonic
Periods, 153
Middle Assyrian Period, 528530
Middle Babylonian Period, 492,
494496
Neo-Assyrian Period, 891892
Neo-Babylonian Period, 923925
Neo-Sumerian Period, 194, 195197
Nuzi, 572573
Old Assyrian Period, 443446
Old Babylonian Period, 373376
oaths as. See Oaths as evidence
physical evidence. See Physical evidence
1091
1092
Mesopotamia Middle Assyrian
Period, 526, 560
Ugarit, 734
Fratriarchy. See Division; Joint
ownership
Fraud, 81
Hittite Kingdom, 650
Israel, 1038
Mesopotamia
Neo-Babylonian Period, 964
Neo-Sumerian Period, 220
Old Babylonian Period, 421422
Free persons, 37
Alalakh IV, 706
Alalakh VII, 698
Canaan, 741
Egypt
Middle Kingdom and Second
Intermediate Period, 269
New Kingdom, 316
Third Intermediate Period, 795
Emar, 663
Hittite Kingdom, 632
Mesopotamia
Neo-Babylonian Period, 926
Neo-Sumerian Period, 197, 218
Nuzi, 578, 581
Old Assyrian Period, 447
Old Babylonian Period, 377, 379, 380
Ugarit, 723
Freed slaves. See also Manumission
Mesopotamia
Neo-Babylonian Period, 926
Neo-Sumerian Period, 197
Frivolous suits
Mesopotamia Old Babylonian
Period, 371
Fugitives
asylum to, 86
third millennium treaties
forbidding, 248
extradition of, 86
Alalakh IV, 708
Late Bronze Age treaties, 762
Mesopotamia Middle Babylonian
Period, 497
release of those held as security for
absentee fugitives
Egypt Middle Kingdom and
Second Intermediate Period, 265
runaway slaves. See Runaway slaves
Fuller
Mesopotamia Middle Assyrian
Period, 552
1093
1094
Glebae adscripti
Hittite Kingdom, 634
Gods
blasphemy. See False swearing in
name of a god
oaths taken in name of. See Oaths
as evidence
oenses against. See Oenses against
the gods
Gods Wives of Amun
Egypt Third Intermediate Period,
784, 787, 797, 801
Gold
Mesopotamia
Old Assyrian Period, 437, 447
Old Babylonian Period, 413
Government agencies. See
Administration of government
Governors, 28
Canaan, 738
Egypt
Demotic Law, 828
Elephantine, 868
Third Intermediate Period, 785, 789
Mesopotamia
Early Dynastic and Sargonic
Periods, 146, 153
Middle Assyrian Period, 522
Middle Babylonian Period, 489
Neo-Assyrian Period, 888889
Neo-Babylonian Period, 917
Neo-Sumerian Period, 189190, 193
Nuzi, 568, 570
Old Babylonian Period, 365
Ugarit, 721, 741
Granary overseers
Egypt New Kingdom, 298
Grand vizier. See Viziers
Great Chief of the Ma, 786. See
also Egypt, subheading: Third
Intermediate Period
Great cupbearer
Mesopotamia Neo-Sumerian Period,
188
Great estates
Mesopotamia Neo-Sumerian Period,
190191
Greek language
as lingua franca, 820821, 822
Mesopotamia Neo-Babylonian
Period, 917
Greeks, 911
laws inuence on Egyptian law, 820
Guarantors. See Suretyship
Guardianship
Egypt
Demotic Law, 833, 834
Middle Kingdom and Second
Intermediate Period, 276
Mesopotamia Nuzi, 601602
Guilty parties, 34
Half-siblings
inheritance rights
Egypt Demotic Law, 840
Hall of Horus
Egypt Old Kingdom and First
Intermediate Period, 106. See also
Courts
Hammurabi. See Law codes, subheading:
Laws of Hammurabi (LH)
Hana Kingdom. See Mesopotamia,
subheading: Middle Babylonian Period
Hanigalbatship, 37
Harem Conspiracy
Egypt New Kingdom, 76, 291, 304,
310, 342
Harem Edicts
Mesopotamia Middle Assyrian
Period, 7, 28, 521, 534535
Hattusili I (Hittite king), 619, 624, 693
Hattusili III (Hittite king), 12, 25, 627,
632, 720
Hazor tablet
Canaan, 737738
Head of the market
Mesopotamia Old Assyrian Period, 435
Heads of household, 36, 38, 40
Israel, 988, 989990, 992, 1002
Mesopotamia
Neo-Assyrian Period, 892, 894
Hearsay, 33
Mesopotamia
Middle Assyrian Period, 529
Neo-Babylonian Period, 924
Old Babylonian Period, 373
Hebrew Bible, 1, 5, 10, 12
Amos, 995, 1021, 1022, 1028, 1036,
1038
Book of the Covenant, 976, 977,
981, 990, 995, 1006, 1008, 1010
Chronicles, 980, 984, 988, 989, 990,
992, 1003
Covenant Code, 9, 17, 78
Daniel, 20
Deuteronomy, 9, 16n, 33, 50, 58,
59, 74, 77, 80, 81, 975, 976, 978,
81, 982, 987, 988, 989, 990, 992,
993, 995, 996, 997, 998, 999,
1000, 1001, 1002, 1004, 1005,
1006, 1007, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1018,
1021, 1022, 1023, 1025, 1026,
1028, 1029, 1030, 1031, 1032,
1033, 1034, 1035, 1036, 1037,
1038, 1039, 1040, 1041, 1042, 1050
Ecclesiastes, 998
Esther, 865
Exodus, 9, 33, 44, 77, 79, 82, 975,
976, 977, 978, 986, 988, 990,
992, 995, 996, 997, 998, 1000,
1002, 1003, 1004, 1005, 1006,
1009, 1012, 1014, 1017, 1021,
1022, 1023, 1025, 1026, 1028,
1029, 1030, 1031, 1032, 1033,
1034, 1036, 1037, 1038, 1039,
1040, 1041, 1042
Ezekiel, 986, 1015, 1034, 1036
Ezra, 865, 980
forms of laws, 9, 10, 978
Genesis, 38, 980, 1007, 1008,
1009, 1010, 1011, 1013, 1014,
1018, 1020, 1022, 1025, 1026,
1027, 1029, 1030, 1034
Hosea, 984, 994, 998
Isaiah, 984, 985, 993, 995, 1018, 1023
Jeremiah, 7, 14, 16, 30, 984,
985986, 989, 991, 993, 994,
995, 996, 1010, 1011, 1015,
1016, 1020, 1029, 1031, 1040
Job, 995
Joshua, 980, 988, 989, 991, 994,
996, 1008, 1014, 1027, 1028,
1032, 1042
Judges, 980, 981, 986, 987, 994,
1001, 1007, 1008, 1009, 1010,
1015, 10221023, 1025, 1029
Kings, 980, 981, 984, 985, 986,
989, 990, 991, 992, 993, 994,
995, 998, 999, 1003, 1008, 1013,
1014, 1016, 1018, 1020, 1023,
1026, 1027, 1028, 1031, 1041
legal storyettes, 979
Leviticus, 9n, 16n, 976, 977, 979,
990, 994, 998, 1000, 1001, 1002,
1004, 1005, 1006, 1009, 1013,
1015, 1016, 1017, 1021, 1023,
1028, 1029, 1030, 1033, 1034,
1035, 1036, 1037, 1039, 1040, 1041
Micah, 984, 985, 986, 994, 1008
motive clauses, 979
narratives, 980
1095
1096
sales, 642
sexual oenses, 623, 648649
slaves, 632633
sources of law, 619624, 753
treaties, 86, 759764
vassal kingdoms of, 720, 756, 758
Homicide, 77, 78, 79
Egypt
Demotic Law, 853
New Kingdom, 343
Old Kingdom and First
Intermediate Period, 130
Third Intermediate Period, 810811
Hittite Kingdom, 623, 630, 644649
Israel, 979, 989, 999, 10291033
Mesopotamia
Early Dynastic and Sargonic
Periods, 176
Middle Assyrian Period, 558
Middle Babylonian Period, 515518
Neo-Babylonian Period, 961962
Neo-Sumerian Period, 216, 219
Nuzi, 612
Old Assyrian Period, 476
Old Babylonian Period, 363,
414416
Homosexual acts
Israel, 1036
Mesopotamia Middle Assyrian
Period, 557
Horemheb, Edict of, 7, 289, 290,
294295, 300, 302, 342
Hostages
Late Bronze Age treaties, 764
Household
head of. See Heads of household
as unit of society, 36
Household gods
as part of inheritance
Mesopotamia Nuzi, 602603
Houses. See also Real property
Egypt Elephantine, 877878
Israel, 1016
Mesopotamia
Neo-Babylonian Period, 954
Old Assyrian Period, 457
Old Babylonian Period, 410
Humanitarian aid
rst millennium, 1063
Humiliation as punishment, 75
Husbands rights. See Adultery;
Divorce and dissolution of marriage;
Marriage
Hypothecary pledge
1097
Israel, 1022
Mesopotamia Neo-Babylonian
Period, 952
Idolatry
Israel, 1041
Idrimi. See Alalakh Level IV
Ilimilimma. See Alalakh Level IV
Illegitimate children
adoption to legitimize, 52
as heirs, 57
Impalement as punishment
Egypt New Kingdom, 344
Israel, 1028, 1029
Mesopotamia Middle Assyrian
Period, 558
Imperial structure
Mesopotamia
Neo-Assyrian Period, 885886
Neo-Babylonian Period, 10511052
Neo-Sumerian Period, 185186
Imprisonment. See Prison
Incest. See also Marriage, subheading:
consanguineous
Hittite Kingdom, 636, 648
Israel, 1028, 10361037
Mesopotamia Old Babylonian
Period, 418419
Indemnication
Mesopotamia Middle Assyrian
Period, 548
Indentured persons
Mesopotamia Nuzi, 587
Indictment
Egypt
Turin Indictment Papyrus, 291
Israel, 994
Infertility. See Childlessness
Informing
Mesopotamia Middle Assyrian
Period, 535
Inheritance, 2n, 24, 5663. See also
Disinheritance
Alalakh IV, 712
Alalakh VII, 699700
of class status. See Class
division of property. See Division of
property; Wills
Ebla, 234
Egypt
Demotic Law, 839843
Elephantine, 877880
Middle Kingdom and Second
Intermediate Period, 277, 278279
1098
international order, 1053
justication of war, 1060
mutual assistance and
non-aggression pacts, 10541055
other states, 1052
political relations, 1053
political structure, 10511052
prisoners of war, 1062
refugees, runaways and deserters,
1063
sanctions, 1059
territorial states, 1052
treaties, 10541057
vassal treaties, 1055
war, 10591061
international system, 8384
Late Bronze Age, 754759
Middle Bronze Age, 745747
third millennium, 242244
Late Bronze Age, 753773
Assyria, 757758, 759
Babylonia, 758
borders, 762
Canaan, 737
correspondence, 765
customary international law, 765769
declaration of war, 769
depositions, 763
divine ambassadors, 767
divine sanctions, 764
Egyptian empire, 757
fugitives, 762
garrisons, 764
gifts, 766
great powers, 755758
Hittite empire, 756
hostages, 764
hostile relations, 768769
international law, 753773
international system, 754759
language, 765766
marriage, 768
messenger, 766, 767
peaceful relations, 765768
salutation, 766
sanctions, 764
sources of international law, 753754
states, 758759
trade, 767768
treaties, 753, 759764
tribes, 759
tribute, 762
vassal kingdoms. See Vassal
kingdoms
1099
war, 769
Middle Bronze Age, 745752
Assyrian commercial treaties, 749
customary international law,
750751
international relations, 746747
international system, 745747
sources of international law, 745
treaties, 747750
second millennium, 745773
early period, 745752. See also
this heading: Late Bronze Age
fteenth through thirteenth
centuries, 753773. See also this
heading: Late Bronze Age
third millennium, 241251
customary international law,
249250
international system, 242244
sources of law, 241242
treaties, 244249
International relations
rst millennium, 1053
second millennium
Late Bronze Age, 754759
Middle Bronze Age, 745747
International treaties. See Treaties
Interrogation of parties. See
Examination of parties in litigation
Intestate succession, 5758
Egypt Demotic Law, 840
Emar, 676677
Mesopotamia
Middle Assyrian Period, 542
Neo-Babylonian Period, 939
Nuzi, 599, 600
Ugarit, 730
Investigators, court
Egypt New Kingdom, 309
Mesopotamia Neo-Babylonian
Period, 921
Irikagina. See Edicts, subheading:
Mesopotamia
Ironic punishment, 7475
Mesopotamia Middle Assyrian
Period, 553
Irrigation rights. See Servitudes
Isin II kings. See Mesopotamia,
subheading: Middle Babylonian Period
Israel, 9751046
adultery, 985, 997, 1010, 1034
alienation, 10151016
approaching God, 996997
birth, 10141015
1100
Ten Commandments, 9n, 975976,
995, 1012, 1034, 1037, 1039, 1041
theft, 1026, 10371038
widows, 1019
wife slaves, 10041005
wifes potion trial, 997
Wise Woman, 992
witchcraft, 1028, 1040
witnesses, 995996
Writings, 980
written petitions, 993
Israelites, 9991000
Iuwa, 758
Jails. See Prison
Jehoshaphat, 988, 990, 992
Jeremiah. See Hebrew Bible
Jews. See also Hebrew Bible; Israel
construction of Jerusalem temple, 993
Elephantine period. See also Egypt,
subheading: Elephantine
destruction of Jewish Temple,
865, 866, 868, 869
military colony, 863, 865, 867,
868869
Passover, 865, 866
as slaveholders, 873
Joint ownership, 56, 58
Egypt
Demotic Law, 58, 840
New Kingdom, 332
Mesopotamia
Middle Assyrian Period, 544, 551
Old Babylonian Period, 395, 396
Ugarit, 730
Joshua, Book of. See Hebrew Bible
Josiah, King of Israel, 984
Jubilee year
Israel, 1006, 1016, 1017, 1024
Judges, 3031, 87. See also Courts
Canaan, 740, 741
divine judges. See also Oracles
Egypt Demotic Law, 828
Ebla, 230
Egypt
Demotic Law, 828, 831
Elephantine, 868, 869
Middle Kingdom and Second
Intermediate Period, 261, 265
New Kingdom, 302, 303, 306
Old Kingdom and First
Intermediate Period, 106, 107
Third Intermediate Period, 792
Elder of the Portal
1101
1102
Kings, Book of. See Hebrew Bible
Kinza (Qadesh), 758, 759
Kirkuk. See Nuzi
Kish (King of Babylonia), 242243
Kizzuwatna (Cilicia), 85, 756, 758
Kudurru
Mesopotamia Neo-Babylonian
Period, 913. See Entitlements
Kurigalzu I (Kassite king), 487, 488
Labor administration
Egypt
Middle Kingdom and Second
Intermediate Period, 260, 272
New Kingdom, 341
Old Kingdom and First
Intermediate Period, 100103
Lagash, 243
borders, 249
treaties, 241, 245, 247, 249
Land. See Real property
boundaries of. See Boundaries of
property
grants. See Real property, subheading:
transfer
tenure. See Tenure of property
Land rental. See Hire
Language
Akkadian. See Akkadian
Aramaic as lingua franca, 3, 820,
863, 912, 1047
Demotic, 819820, 826
determining court venue
Egypt Demotic Law, 832
Greek as lingua franca, 820821
Late Bronze Age, 765766
Late Bronze Age, international law,
753773. See also International law
Law codes, 810, 1619, 21. For
individual paragraphs, see Index of
Texts Cited
biblical collections, 10
Covenant Code (CC), 9
Deuteronomic Code (DC), 9. See
also Hebrew Bible
Egypt
Demotic Law, 778, 821
Middle Kingdom and Second
Intermediate Period, 255256
New Kingdom, 289290
Old Kingdom and First
Intermediate Period, 93
Third Intermediate Period, 778
form of, 17, 23
1103
1104
Egypt
Demotic Law, 826
New Kingdom, 294
rst millennium, 1048, 1060
Letters to the Dead
Egypt
Middle Kingdom and Second
Intermediate Period, 282
New Kingdom, 294, 326, 350
Old Kingdom and First
Intermediate Period, 98, 132133
Third Intermediate Period, 812
Levant. See Anatolia and the Levant
Levirate, 49
Hittite Kingdom, 637
Israel, 989, 10111012, 1034
Mesopotamia Middle Assyrian
Period, 538
Levites
judicial role of, 990, 992
status of, 999, 1001
Levitical Commands, 976
Lexical texts, 1011
Libyan Dynasties, 777, 783. See also
Egypt, subheading: Third Intermediate
Period
Liens
Mesopotamia Middle Assyrian
Period, 550
Life estate. See Usufruct
Lifting of the Gods
Mesopotamia Nuzi, 573575
Lipit-Ishtar. See Law codes, subheading:
Laws of Lipit-Ishtar (LL)
Literary sources, 12. See also
Scholastic documents
Ebla, 227
Egypt
Demotic Law, 825826
Middle Kingdom and Second
Intermediate Period, 255, 257
New Kingdom, 294
Old Kingdom and First
Intermediate Period, 9798
Third Intermediate Period, 781
illustrations
Mesopotamia Neo-Assyrian
Period, 885
Litigation, 3135
Alalakh IV, 705706
Alalakh VII, 697698
Canaan, 740741
Demotic Law Egypt, 829832
Ebla, 230, 234
Egypt
Elephantine, 869870
Middle Kingdom and Second
Intermediate Period, 267269
New Kingdom, 292, 307315
Old Kingdom and First
Intermediate Period, 108112
Third Intermediate Period,
781782, 792, 793795
Emar, 660, 661663
evidence. See Evidence
Hittite Kingdom, 631634
Israel, 994999
Mesopotamia
Early Dynastic and Sargonic
Periods, 152155
Middle Assyrian Period, 526530
Middle Babylonian Period,
491496, 497
Neo-Assyrian Period, 890892
Neo-Babylonian Period, 921925
Neo-Sumerian Period, 184, 194197
Nuzi, 571577
Old Assyrian Period, 441447
Old Babylonian Period, 369376
oracular decrees. See Oracles
parties. See Parties to litigation
records. See Trial records
Ugarit, 722723
verdicts. See Verdicts
witnesses. See Witnesses
Loans. See also Debt; Pledges
Alalakh IV, 713714
Alalakh VII, 701702
Ebla, 235
Egypt
Demotic Law, 849851
Elephantine, 880
Middle Kingdom and Second
Intermediate Period, 280
New Kingdom, 339340
Third Intermediate Period, 781,
807808
Emar, 684685
interest. See Interest
Israel, 1021
Mesopotamia
Early Dynastic and Sargonic
Periods, 172173
Middle Assyrian Period, 542,
548549
Middle Babylonian Period, 510511
Neo-Babylonian Period, 949951
Neo-Sumerian Period, 185, 212214
1105
1106
Manumission, 43, 52
adoption and. See Adoption
Ebla, 230231
Egypt Elephantine, 874
Emar, 663, 666667, 673
Mesopotamia
Neo-Babylonian Period, 926, 932
Neo-Sumerian Period, 197, 200, 204
Nuzi, 586
Old Assyrian Period, 450
Old Babylonian Period, 384385,
392
Ugarit, 725, 726
Marital gifts, 62. See also Dowry;
Wives, subheading: inheritance rights
Egypt Demotic Law, 836, 842843
Emar, 669, 678, 680681
Mesopotamia
Middle Assyrian Period, 535, 541
Neo-Assyrian Period, 900
Neo-Babylonian Period, 939
Neo-Sumerian Period, 208209
Old Babylonian Period, 398, 399
Marital property. See also Dowry
Egypt
Demotic Law, 835, 842
New Kingdom, 324325
Mesopotamia
Early Dynastic and Sargonic
Periods, 161162
Middle Assyrian Period, 541542
Marriage, 4450
Alalakh IV, 708710
brother-sister marriage
Egypt New Kingdom, 324
change of status due to. See also
Slavery, subheading: marriage of
slave to free person
Hittite Kingdom, 634, 635
consanguineous
Egypt
Demotic Law, 835
Middle Kingdom and Second
Intermediate Period, 275
Old Kingdom and First
Intermediate Period, 119
Third Intermediate Period, 800
Emar, 668669
Egypt
Demotic Law, 835837
Elephantine, 875877
Middle Kingdom and Second
Intermediate Period, 274275
New Kingdom, 322326
Elephantine, 875
Middle Kingdom and Second
Intermediate Period, 274
New Kingdom, 323
Third Intermediate Period, 781,
788, 799
Emar, 668
Israel, 1026
Mesopotamia
Early Dynastic and Sargonic
Periods, 161
Middle Assyrian Period, 536, 542
Neo-Assyrian Period, 894
Neo-Babylonian Period, 933934
Neo-Sumerian Period, 201,
202, 203
Nuzi, 567, 578, 587, 588, 592, 593
Old Assyrian Period, 451, 452, 453
Old Babylonian Period, 385, 386
Ugarit, 725
Matrimonial adoption. See Adoption
Mayors, 28
Alalakh IV, 704
Alalakh VII, 695, 696
Canaan, 739
Egypt
Demotic Law, 828
Middle Kingdom and Second
Intermediate Period, 263264
New Kingdom, 290, 300
Old Kingdom and First
Intermediate Period, 105
Third Intermediate Period, 790
Emar, 660
Hittite Kingdom, 629
Mesopotamia
Middle Assyrian Period, 522
Middle Babylonian Period, 489
Neo-Assyrian Period, 889
Neo-Babylonian Period, 917
Neo-Sumerian Period, 194
Nuzi, 569, 570
Old Babylonian Period, 366
Ugarit, 721
Mediation
Egypt Demotic Law, 829
Memorandum
Mesopotamia Nuzi, 573
Memphis. See Egypt, subheading: New
Kingdom
Menkheperre, 779
Menstruation
sex during
Israel, 1036
1107
1108
proof of payment
Mesopotamia Old Assyrian Period,
467
security
Mesopotamia Old Assyrian
Period, 468
settling disputes among
Mesopotamia Old Assyrian Period,
441447
slave sales
Mesopotamia Old Assyrian Period,
448, 450, 462, 464, 470
sources of law
Mesopotamia Old Assyrian Period,
431434
wives of
Mesopotamia Old Assyrian Period,
448, 451, 453, 468
Merchants associations, 29
Mesopotamia
Old Babylonian Period, 366, 368
Mercy. See Pardon
Mesalim, 242243
Mesopotamia
Early Dynastic and Sargonic Periods,
141181
administration, 147149
administrative orders and appeals,
143
central administration, 147
citizenship, 156157
class, 146, 157
commissioner, 150151
constitutional and administrative
law, 145151
contracts, 165175
corve, 142, 149
courts, 150151
delict, 175176
dissolution of marriage, 162
exchange, 172
family, 160163
gender, 157
hire, 174175
inheritance, 143, 163165
judges, 150
king, 145147
land tenure, 163
law codes and edicts, 141143
legislature, 147
litigation, 152155
loans, 172173
local government, 148
marital property, 161162
marriage, 160162
non-legal sources, 144145
organs of government, 145151
parties to litigation, 152
personal status, 156160
pledges, 174
private legal documents, 143144
promissory oaths, 175
provincial and city-state
administration, 148
public service, 148149
sales, 165172
central Babylonia, 170171
northern Babylonia, 171172
self-help, 155
settlements, 155
slavery, 149, 158160, 169
sources of law, 141145
suretyship, 174
taxes, 148149
treaties, 242
Late Bronze Age, 757758
Middle Assyrian Period, 521563
abortion, 558
administration, 522524
adoption, 539541
adultery, 524, 527, 528, 535, 553,
555556
assault and wounding, 557558
Assyrian system, 553
blasphemy, 559560
boatman, 552
children, 538539
class, 530531, 533534
constitutional and administrative
law, 522526
contracts, 546553
courts, 524
crime and delict, 528, 553560
desertion of marital home, 537538
divorce, 536, 537
documents of practice, 522
evidence, 528530
family, 535541
liation, 538
forgery, 560
fuller, 552553
gender, 533535
harem edicts, 7, 28, 76, 521,
534535
homicide, 558
inheritance, 539, 542545
jurisdiction, 559
land tenure, 524525, 545
law codes, 521
legal capacity, 533
liability for negligence and breach
of contract, 552553
litigation, 526530
loans, 542, 548549
marital property, 541542
marriage, 535538
organs of government, 522524
ownership and servitudes, 545546
palace regulations, 521, 523
paternal authority, 539
personal status, 530535
pledges, 531, 535, 542, 550552
polygamy, 538
priestesses and prostitutes, 534
property, 541546
rape, 528, 535, 536, 556557
remarriage, 537
sales, 546548
security, 549550
slaves, 531532
social status, 533534
sources of law, 521522
taxes, 525526
theft and related oenses, 524,
526, 528, 553555
villagers, 532533
witchcraft, 524, 526, 528, 559
Middle Babylonian Period, 485520
administration, 488489
adoption, 500, 505
animals and herds, hire of, 513, 514
burglary, 517
central administration, 488
children, 504
citizenship, 496497
class, 497499
completion clauses, 509
compulsory service, 490
constitutional and administrative
law, 487491
contingency clauses, 509510
contracts, 507515
correspondence, 487
courts, 489490
crime and delict, 515
debt and social justice, 512
debt slaves and chattel slaves, 499
deposit, 514515
distraint, 492, 499, 512
divorce, 503504
documents as evidence, 495
evidence, 492, 494496
1109
family, 501505
female inheritance, 507
female slaves, 500
foreigners, 497
functions, 490491
gender and age, 498499
hire, 513514
homicide, 515518
inheritance, 506507
injury, 516
inscriptions, 486
king, 487488, 489490
land tenure, 505506
legal records, 486487
legislature, 488
litigation, 491496, 497
loans, 510511
male inheritance, 506507
marriage, 501504
movables, 513
oath as evidence, 492, 495
operative clauses, 508509
ordeal, 489, 495496
organs of government, 487490
parties to litigation, 491
partnership, 514
personal status, 496500
petitions, 490491
pledges, 511
property, 505507
provincial administration, 488489
receiving, 518
repayment, 511
sales, 508510
sanctions, 517
sexual oenses, 516
slavery, 499500
sources of law, 485487
suretyship, 512513
theft and related oenses, 496,
516518
vehicles, hire of, 513
wet nurse, 514
witnesses, 492, 494
Neo-Assyrian Period, 883910
administration, 887889
adoption, 897
childlessness, 897
children, 897
citizenship, 892
class, 892893
concubinage, 896
constitutional and administrative
law, 885889
1110
contracts, 901905
crime and delict, 905906
debt, 903
divorce, 896897
evidence, 891892
exchange, 902
family, 894897
gender and age, 893894
imperial structure, 885886
inheritance, 898901
king, 885, 886887
land tenure, 893, 898899
law codes, 883884
letters, 884
litigation, 890892
marriage, 894896
organs of government, 886889
personal status, 892894
private legal documents, 884
property, 898901
realia, 885
remission of debts, 904
royal decrees, 884
sales, 901902
security, 904905
slavery, 893
sources of law, 883885
transfer inter vivos, 898899
Neo-Babylonian Period, 911974, 1051
administration, 916917, 1051
administrative documents, 914
administrative orders, 912913
adoption, 936938
animals, lease of, 955, 958, 960
apprenticeship, 958
assault, 962
boats, 955
burglary, 963964
central administration, 916917,
1051
citizenship, 926
class, 926927
compulsory service, 920
constitutional and administrative
law, 915921
contracts, 944961
corporal punishment, 966
courts, 918
crime and delict, 961967
damage to property, 965
deposit, 961
dispositions, 942943
distraint, 953
divorce, 935936
documents, 923924
dowry, 934, 939, 940942
edicts, 912913
evidence, 923925
exchange, 948
family, 933938
fraud, 964
functions, 920921
gender and age, 928
gifts, 948949
hire, 954958
homicide, 961962
houses, 954
imperial structure, 10511052
imprisonment, 966
inheritance, 937944
interest, 950
judges, 918, 919, 920
king, 915, 10511052
kudurru, 913
land lease, 956957
land tenure, 938
law codes, 9, 912
lease, 956958
legislature, 915916
letters, 914
litigation, 921925
loans, 949951
local courts, 919
local government, 917918, 1051
manumission, 932
marital misconduct, 936
marriage, 928, 933936
military, 920, 938
movables, 944, 945, 951, 955
names of slaves, 930
oaths, 924925
oblates, 918, 926927, 932
ordeal, 923, 925
organs of government, 915920
parties to litigation, 921
partnership, 959961
peculium, 931932
perjury, 965
personal status, 926933
petitions, 921
pledges, 951953
prebends, 946, 949, 957
private legal documents, 913914
property, 938944
provincial administration, 917,
1051, 1052
punishment, 966967
receiving, 964965
repayment, 950951
robbery and kidnapping, 964
royal courts, 918919
royal slaves, 933
runaway slaves, 931, 932, 966
sales, 944948
scholastic documents, 914
services and supplies, 955, 958959
sexual oenses, 962
slave-mark, 932
slaves, 928930
social justice, 953
sources of law, 911914
suretyship, 953
temple administration, 918
temple courts, 919
theft and related oenses, 922,
962965
treason, 965
witchcraft, 966
witnesses, 923, 924
Neo-Sumerian Period, 183226
administration, 188192
administrative records, 185
adoption, 204205
bala system, 191192
central authority, 188189
citizenship, 197
class, 198
constitutional and administrative
law, 185193
contracts, 185, 209219
core provinces, 189190
courts, 193
crime and delict, 219221
debt, 215
dissolution of marriage, 204
evidence, 194, 195197
false accusations, 221
family, 200205
female inheritance, 208209
gender, 198
great estates, 190191
hire, 185, 206, 217218
homicide, 216, 219
imperial structure, 185186
inheritance, 206209
injury, 219
interest, 213
king, 186187
land, hire of, 217218
land tenure, 205206
law codes, 183
litigation, 184, 194197
1111
1112
womens status, 452
written documents as evidence, 445
Old Babylonian Period, 361430
administration, 365366
administrative orders, 362
adoption, 381382, 391393
adultery, 366, 375, 388, 417418
agricultural lease, 412
animals, hire of, 408
bulk goods, 413
burglary, 367, 421
carriage, 413414
children, hire of, 391
citizenship, 376377
class, 377379
commercial property, 411412
common property, 411
compulsory service, 368
constitutional and administrative
law, 363368
contracts, 399414
corve, 368369
courts, 366368
crime and delict, 414424
damage to property, 422423
debt and social justice, 406407
debt slaves and chattel slaves,
380, 382, 407
deposit, 413
dissolution of common property
partnership, 412413
distraint, 406
divorce, 388389
documents as evidence, 373374
edicts, 361, 362
evidence, 373376
family, 385393
female inheritance, 397399
elds and orchards, 410411
fraud, 421422
functions, 368369
gender and age, 379
hire, 408411
homicide, 363, 414416
houses, 410
incest, 418419
inheritance, 395399
injury, 376, 416
intentional injury, 416
interest, 404405
king, 363364
land tenure, 393394
law codes, 361
legislature, 364
1113
litigation, 369376
loans, 403408
male inheritance, 395397
marriage, 385391
military, 369
movables, 408
natives and foreigners as slaves,
380381
oath as evidence, 371, 374375
ordeal, 375376
organs of government, 363368
parties to litigation, 369370
partnership, 411412
perjury, 423
personal status, 376385
persons, 409
petitions, 369
pledge, 405406
polygamy, 390391
private legal documents, 362363
property, 393399, 410411
rape, 386, 418
receiving, 422
remarriage, 389, 417
repayment, 404405
robbery, 421
sales, 399402
scholastic legal documents, 363
seduction, 418
services, 409410
servitudes, 394395
sexual oenses, 417419
slander, 423424
slavery, 380385
sources of law, 361363
special institutions, 424
suretyship, 407408
trading venture, 412
unintentional injury, 416
witchcraft, 375, 424
witnesses, 373
Old Sumerian Period, 243
Presargonic Period, 243
Mesopotamian science, 17
Messengers. See also Envoys
Canaan, 742
carrying royal decrees and letters
Egypt Old Kingdom and First
Intermediate Period, 103
rst millennium, 1053
Late Bronze Age, 766767
Micah, Hebrew Prophet, 984, 985,
1001
Middle Assyrian Period. See Mesopotamia
1114
remarriage of wife, 49
Mesopotamia Middle Assyrian
Period, 537
Mistress of the house
Egypt
Middle Kingdom and Second
Intermediate Period, 270
New Kingdom, 325
Mittani, 565, 580, 757758, 759, 767
Monogamy. See Marriage
Mortgages. See Debt; Loans
Mortuaries. See also Death ceremonies
and oerings
administrative orders and documents
Egypt Old Kingdom and First
Intermediate Period, 96
endowments as gifts from king
Egypt Old Kingdom and First
Intermediate Period, 99, 123124
endowments of private persons, 59, 68
Egypt New Kingdom, 332
exemption decrees for
Egypt Old Kingdom, 9495, 102.
See also Exemption decrees
inheritance of property
Egypt Old Kingdom and First
Intermediate Period, 126
priests
Egypt
Middle Kingdom and Second
Intermediate Period, 278
Old Kingdom and First
Intermediate Period, 123
Egypt Old Kingdom and First
Intermediate Period, 130
punishments associated with
Egypt
Old Kingdom and First
Intermediate Period, 131
Third Intermediate Period, 812
slave ownership by
Egypt Middle Kingdom and
Second Intermediate Period, 272
transfer of property
Egypt Old Kingdom and First
Intermediate Period, 122, 129
womens role
Egypt Old Kingdom and First
Intermediate Period, 116117
Moses, 982, 985, 992
Movables
Alalakh IV, 712
Ebla, 235
Egypt Demotic Law, 838
Mesopotamia
Middle Babylonian Period, 513
Neo-Babylonian Period, 944, 945,
951, 955
Neo-Sumerian Period, 218
Old Babylonian Period, 408
Ugarit, 732
Multicultural civilizations. See Ethnicity
Municipal ocials. See Elders; Local
government; Mayors; Overseers
Murder. See Homicide
Mutilation as punishment, 69, 75
Alalakh IV, 715
Egypt New Kingdom, 290, 344,
345, 346
Mesopotamia
Middle Assyrian Period, 554
Neo-Assyrian Period, 906
Neo-Babylonian Period, 932, 966
Myths, 25n
Ugarit, 725
Names of slaves
Mesopotamia Neo-Babylonian
Period, 930
Naruqqu association
Mesopotamia Old Assyrian Period,
433, 475476
Nebuchadnezzar, 494. See also
Mesopotamia, subheading:
Neo-Babylonian Period
Necromancy. See Witchcraft
Negligence
damage to property, 7980, 82
Hittite Kingdom, 643, 644, 645
homicide
Israel, 1033
Mesopotamia
Middle Assyrian Period, 552
Neo-Sumerian Period, 221
Nuzi, 614
Old Babylonian Period, 410, 415416
Negotiability
Mesopotamia Old Assyrian Period,
466467
Neo-Assyrian Period, 883910. See
also Mesopotamia
Neo-Babylonian Period, 911974. See
also Mesopotamia
Neo-Sumerian Period, 183226. See
also Mesopotamia
New Kingdom. See Egypt
New trials, 32
Mesopotamia Nuzi, 577
1115
1116
Oenses. See Crime and delict
Oenses against the gods, 76, 77, 80
Egypt New Kingdom, 342
Oenses against the king, 7677. See
also Treason
Emar, 659
Hittite Kingdom, 651
Israel, 984
Ugarit, 734
Oerings to gods
third millennium treaties, 248
Old Assyrian Period. See Mesopotamia
Old Babylonian Period. See Alalakh
Level VII; Mesopotamia
Omens containing legal information
Mesopotamia Old Babylonian
Period, 363
Oracles, 35
Egypt
Demotic Law, 828, 855
New Kingdom, 307, 332, 347350
Old Kingdom and First
Intermediate Period, 133
Third Intermediate Period, 777,
778, 781, 794, 812
rst millennium, 1049
Israel, 997
Mesopotamia Middle Assyrian
Period, 554
Oral contracts, 13, 64, 67
Egypt Demotic Law, 843
Mesopotamia
Neo-Sumerian Period, 201202
Old Assyrian Period, 461
Old Babylonian Period, 399
Oral legal acts, 12
Orchards. See Agriculture
administration; Fields
Ordeal, 34. See also River ordeal
Egypt New Kingdom, 315
Mesopotamia
Early Dynastic and Sargonic
Periods, 155
Middle Assyrian Period, 528, 529
Middle Babylonian Period, 489,
495496
Neo-Babylonian Period, 923, 925
Neo-Sumerian Period, 196197
Nuzi, 575576
Old Assyrian Period, 446
Old Babylonian Period, 375376
substitutes used in, 34
Mesopotamia Old Babylonian
Period, 375
1117
1118
police function of
Egypt Old Kingdom and First
Intermediate Period, 108
Palace. See also King
as administrative body, 28
Mesopotamia
Middle Assyrian Period, 521, 523
Old Babylonian Period, 365
Ugarit, 721
Egypt
Middle Kingdom and Second
Intermediate Period, 260
Mesopotamia
Middle Assyrian Period, 521, 523
Palace major-domo
Mesopotamia Middle Assyrian
Period, 535
Papyri, 5
Paramone, 200. See also Manumission
Pardon
by king
Hittite Kingdom, 630
Mesopotamia Neo-Sumerian
Period, 195
by vizier
Egypt New Kingdom, 299
Parent-child relationship, 50. See also
Children; Daughters; Sons
approval of marriage
Hittite Kingdom, 634635
Mesopotamia Neo-Babylonian
Period, 934
care of elderly parents and burial,
50, 51
Alalakh IV, 710
Egypt
Demotic Law, 839840, 841
New Kingdom, 322
Third Intermediate Period, 801
Emar, 671, 672673, 679, 681
Mesopotamia
Middle Assyrian Period, 539, 545
Nuzi, 595
Old Assyrian Period, 399
Old Babylonian Period, 399
disobedience, 77
Egypt New Kingdom, 322, 326327
fathers rights
Israel, 10131014
intergenerational punishment
Israel, 989, 10131014, 1031
Israel, 1013, 1042
sale of children into slavery. See Slavery
second marriage of father
Mesopotamia Old Babylonian
Period, 389
Parties to contracts
Egypt
Demotic Law, 844
Elephantine, 872
womens rights, 39
Parties to litigation, 31
Alalakh VII, 695, 697
children, 31
Egypt
Demotic Law, 829
Middle Kingdom and Second
Intermediate Period, 267
Old Kingdom and First
Intermediate Period, 108
Third Intermediate Period, 793
foreign parties
Alalakh IV, 705
Israel, 994
king
Alalakh VII, 695
Mesopotamia
Early Dynastic and Sargonic
Periods, 152
Middle Babylonian Period, 491
Neo-Assyrian Period, 890
Neo-Babylonian Period, 921
Neo-Sumerian Period, 194
Old Assyrian Period, 441, 448
Old Babylonian Period, 369370
representation. See Lawyers,
functions of
slaves, 31, 31n
Egypt
New Kingdom, 307
Old Kingdom and First
Intermediate Period, 108
Emar, 661
Mesopotamia
Neo-Babylonian Period, 921
Neo-Sumerian Period, 193, 199
Nuzi, 571
Old Babylonian Period, 370
temple as
Mesopotamia Neo-Babylonian
Period, 921
women, 31
Alalakh VII, 698
Egypt
Demotic Law, 829
New Kingdom, 307, 318
Old Kingdom and First
Intermediate Period, 108
Third Intermediate Period, 793
Emar, 661
Israel, 991
Mesopotamia
Middle Babylonian Period, 491,
498
Neo-Assyrian Period, 891
Neo-Babylonian Period, 921
Neo-Sumerian Period, 198
Nuzi, 571
Old Assyrian Period, 441
Old Babylonian Period, 369
Ugarit, 723, 724
Partition. See also Division of property
Ebla, 234
Partnership
Egypt
Demotic Law, 851
Third Intermediate Period, 810
Emar, 687
Mesopotamia
Middle Babylonian Period, 514
Neo-Babylonian Period, 959961
Old Assyrian Period, 474475
Old Babylonian Period, 411412
Patriarchical society. See also
Succession to paternal estate
Egypt
New Kingdom, 318
Third Intermediate Period, 804
Emar, 676
Hittite Kingdom, 636
Mesopotamia Old Babylonian
Period, 379
Payment in kind
Mesopotamia
Early Dynastic and Sargonic
Periods, 167
Neo-Assyrian Period, 902
Neo-Babylonian Period, 920
Nuzi, 606
Old Babylonian Period, 402
Payments. See also Sales
Alalakh VII, 700
Egypt Demotic Law, 850851
Emar, 685
interest. See Interest
Israel, 1021
Mesopotamia
Middle Babylonian Period, 511
Neo-Assyrian Period, 903
Neo-Babylonian Period, 945,
950951
Neo-Sumerian Period, 191,
210211, 214
Nuzi, 579, 605, 608
Old Assyrian Period, 466468
Old Babylonian Period, 399, 404405
partial payment
Egypt New Kingdom, 339
1119
Peculium, 40, 42
Emar, 666, 667, 677
Mesopotamia
Middle Assyrian Period, 544
Neo-Babylonian Period, 931932
Penalties. See also Punishment
breach of sale
Mesopotamia
Neo-Assyrian Period, 902
Nuzi, 606
claim made again on same cause of
action
Alalakh VII, 697698
class dierences and, 38
default on loan
Alalakh IV, 714
Egypt
New Kingdom, 339
Third Intermediate Period, 808
Mesopotamia
Early Dynastic and Sargonic
Periods, 173
Neo-Sumerian Period, 214
dissolution of adoption, 5354
Emar, 674
for divorce. See Divorce and
dissolution of marriage
Emar, 659
failure of pledge to work
Mesopotamia Nuzi, 609
failure to cultivate leased lands
Mesopotamia Neo-Sumerian
Period, 218
failure to deliver under contracts
Mesopotamia
Middle Babylonian Period, 513
Neo-Sumerian Period, 218
Hittite Kingdom, 630, 645646,
651652
Israel, 10271028
Mesopotamia
Neo-Babylonian Period, 966
Old Assyrian Period, 447, 463, 465
non-compliance with treaty
Late Bronze Age, 763764
non-compliance with verdict
Mesopotamia Old Assyrian
Period, 447
Pension
Mesopotamia Neo-Sumerian Period,
204
Pentateuch, 975980, 990. See also
Hebrew Bible
Perjury, 77, 81
Egypt New Kingdom, 315, 345, 346
Mesopotamia
1120
Egypt
Elephantine, 876
Middle Kingdom and Second
Intermediate Period, 275
New Kingdom, 326
Old Kingdom and First
Intermediate Period, 120
Third Intermediate Period, 800
Emar, 668
Israel, 981, 10091010
Mesopotamia
Early Dynastic and Sargonic
Periods, 160
Middle Assyrian Period, 538
Neo-Assyrian Period, 895
Neo-Babylonian Period, 933
Nuzi, 592, 593
Old Assyrian Period, 451, 452
Old Babylonian Period, 385,
390391
Ugarit, 726
Poor persons. See also Debt slavery
Israel, 998, 9991000, 1017, 1021
kings role to protect, 26
Possession of stolen goods. See
Purchase/possession of stolen goods
Posthumous children
Mesopotamia Middle Assyrian
Period, 538
Prayers containing legal information.
See also Religious writings
Mesopotamia Old Babylonian
Period, 363
Prebends, 54
Egypt
Demotic Law, 839
Third Intermediate Period, 802
Mesopotamia
Early Dynastic and Sargonic
Periods, 163
Neo-Assyrian Period, 898
Neo-Babylonian Period, 946, 949,
957
Neo-Sumerian Period, 187,
205206, 217
Old Babylonian Period, 411
Precedent, 14, 21
Pregnancy
abortion. See Abortion
miscarriage. See Miscarriage caused
by assault
Premeditated murder
Hittite Kingdom, 644
Israel, 1031
1121
1122
Old Kingdom and First
Intermediate Period, 120124
Third Intermediate Period,
801804
Emar, 675682
Hittite Kingdom, 637640
Israel, 10151019
lease. See Hire
marital. See Marital property
Mesopotamia
Middle Assyrian Period, 541546
Middle Babylonian Period, 505507
Neo-Assyrian Period, 898901
Neo-Babylonian Period, 938944
Neo-Sumerian Period, 205209
Nuzi, 596600
Old Assyrian Period, 457460
Old Babylonian Period, 393399
movables. See Movables
private ownership. See Private land
ownership
tenure. See Tenure of property
Ugarit, 720, 729731
Prophets of Hebrew Bible, 20, 980,
984, 985986, 987
Prostitutes, 39, 68
Egypt Demotic Law, 847
Israel, 1013, 1015
Mesopotamia
Middle Assyrian Period, 534
Middle Babylonian Period, 504
Old Babylonian Period, 379, 389
Provincial administration, 28
Egypt
Demotic Law, 827828
Late Bronze Age, 738739
Middle Kingdom and Second
Intermediate Period, 261263
New Kingdom, 296, 300
Old Kingdom and First
Intermediate Period, 102105
Third Intermediate Period,
786787, 789790
rst millennium, 1051, 1052
Mesopotamia
Early Dynastic and Sargonic
Periods, 148
Middle Assyrian Period, 522
Middle Babylonian Period,
488489
Neo-Assyrian Period, 886, 888
Neo-Babylonian Period, 917,
1051, 1052
1123
1124
Mesopotamia
Middle Assyrian Period, 531532,
533, 535
Neo-Assyrian Period, 893
Old Assyrian Period, 449,
464465, 470
Ugarit, 725, 732
Refuge, cities of
Israel, 1032
Refugees from Assyria
rst millennium, 1063
Registry of land sales
Egypt Third Intermediate Period, 787
Emar, 657
Mesopotamia Middle Assyrian
Period, 547
Release of slaves. See Manumission;
Slavery, subheading: termination of
Religious and professional associations
Egypt Demotic Law, 854855
expulsion from
Egypt Demotic Law, 854
Religious writings. See also Hebrew
Bible
Egypt Middle Kingdom and Second
Intermediate Period, 257
Remarriage. See also Marriage,
subheading: by widows
Egypt
Middle Kingdom and Second
Intermediate Period, 275
New Kingdom, 326
Third Intermediate Period, 800
Emar, 671
Israel, 10101011
Mesopotamia
Middle Assyrian Period, 537
Neo-Babylonian Period, 935, 939
Old Assyrian Period, 455
Old Babylonian Period, 389, 417
Remediation
Israel, 1023
Remission of debts. See Debt relief
Rental. See Hire
Repayments. See Payments
Repossession. See Self-help
Res judicata, 32
Alalakh VII, 697698
Mesopotamia
Middle Babylonian Period, 493
Old Babylonian Period, 371372
Resident aliens, 37, 42
crimes committed against,
responsibility for, 86
1125
1126
administrative role of
Ebla, 232
Egypt
Old Kingdom and First
Intermediate Period, 100, 101
Third Intermediate Period, 785
Mesopotamia Neo-Sumerian
Period, 187
marriage among kingdoms. See
Marriage, subheading: interdynastic
succession of. See Succession to
throne
Royal slaves
Mesopotamia Neo-Babylonian
Period, 933
Rulers. See also Governors; King;
Mayors
city-states
Mesopotamia Old Assyrian
Period, 435
manors
Egypt New Kingdom, 300
Ruler of Assur
Mesopotamia Old Assyrian
Period, 434435
Runaway slaves
Alalakh IV, 704, 708, 715
Egypt
Middle Kingdom and Second
Intermediate Period, 272273, 274
New Kingdom, 321
rst millennium, 1063
Israel, 1007
Mesopotamia
Middle Babylonian Period, 496, 517
Neo-Babylonian Period, 931, 932,
966
Old Babylonian Period, 383, 384,
420421
Sabbath
Israel, 976, 1004
Sabbatical rules
Israel, 1017, 1024
Sacral oenses
Hittite Kingdom, 647648
Saite period, 777, 778, 783, 787, 792,
826. See also Egypt, subheading:
Third Intermediate Period
Sales. See also Contracts; Merchants
in advance of delivery of grain
Egypt Demotic Law, 846
Mesopotamia Neo-Assyrian
Period, 903
Saqqarah. See Egypt, subheading:
Elephantine
Sargonic Period. See Mesopotamia,
subheading: Early Dynastic and
Sargonic Periods
Satraps
Egypt Elephantine, 864, 865, 866867
Mesopotamia Neo-Babylonian
Period, 917
Saul (King of Israel), 982983, 1027,
1040
Scholastic documents. See also Literary
sources
Egypt
Elephantine, 864
New Kingdom, 293
Third Intermediate Period, 783
Mesopotamia
Neo-Babylonian Period, 914
Old Babylonian Period, 363
Science of lists, 17, 20
Scribes. See also Writing
chief scribe
Egypt Third Intermediate Period, 791
Mesopotamia Neo-Assyrian
Period, 887
Egypt
Demotic Law, 828
Middle Kingdom and Second
Intermediate Period, 29, 259,
262, 267, 268
New Kingdom, 299, 301, 303,
305306
Third Intermediate Period, 788,
791, 805
Hittite Kingdom, 641
Mesopotamia
Early Dynastic and Sargonic
Periods, 148
Middle Assyrian Period, 548
Middle Babylonian Period, 489
Neo-Assyrian Period, 885, 887
Neo-Babylonian Period, 925
Old Assyrian Period, 436, 439
training, 9, 18
Mesopotamia
Neo-Babylonian Period, 914
Old Babylonian Period, 10
second millennium, 766
Seals and sealing, 33
Alalakh IV, 703
Egypt
Middle Kingdom and Second
Intermediate Period, 279
1127
1128
Servitudes
Egypt
Demotic Law, 839
New Kingdom, 332
Emar, 676
Hittite Kingdom, 650
Mesopotamia
Middle Assyrian Period, 545546
Old Babylonian Period, 394395
Settlements
Egypt Demotic Law, 831
Mesopotamia
Early Dynastic and Sargonic
Periods, 155
Neo-Babylonian Period, 923
Old Babylonian Period, 375
Sexual oenses, 41. See also Rape
Ebla, 236237
Egypt
Demotic Law, 854
Third Intermediate Period, 811
Hittite Kingdom, 623, 648649
Israel, 10281029, 10341037
Mesopotamia
Middle Babylonian Period, 516
Neo-Babylonian Period, 962
Neo-Sumerian Period, 219220
Old Babylonian Period, 417419
against slaves, 41, 43
third millennium treaties, 248
Sharecropping. See Agricultural lease;
Hire, subheading: land rental
Shechem. See Canaan
Shekels
Canaan, 742
Sheshonq I (Egyptian pharaoh), 784
Shipmaster of Herakleopolis, 790
Shulgi. See Mesopotamia, subheading:
Neo-Sumerian Period
Siblings. See Brothers; Sisters
Silver
Alalakh IV, 713
Alalakh VII, 700, 701
Israel, 1021
Mesopotamia
Middle Assyrian Period, 549
Middle Babylonian Period, 505
Neo-Babylonian Period, 920, 949,
956, 961
Old Assyrian Period, 459, 461
Old Babylonian Period, 400, 402,
403, 404, 413
Ugarit, 726, 732
Sin of Sargon, 1049
Sisters
adoption as sister
Mesopotamia
Neo-Sumerian Period, 205
Nuzi, 595
Old Babylonian Period 390
inheritance of property by
Egypt Demotic Law, 841
Mesopotamia Early Dynastic and
Sargonic Periods, 164, 165
marriage to same husband
Mesopotamia Old Babylonian
Period, 390
Six Great Houses. See also Courts
Egypt
Middle Kingdom and Second
Intermediate Period, 264
Old Kingdom and First
Intermediate Period, 105
Slander, 77, 81
Canaan, 740
Egypt New Kingdom, 292, 346
Israel, 1040
Mesopotamia
Middle Assyrian Period, 556
Nuzi, 614
Old Babylonian Period, 423424
Slavery, 4044, 82
agency function performed by slave
for master, 42
Emar, 666
Neo-Babylonian Period, 931
Alalakh IV, 707708
breach of contract, as penalty for, 69
Mesopotamia Neo-Sumerian
Period, 199
Canaan, 741
categories
Alalakh VII, 698
Egypt
Middle Kingdom and Second
Intermediate Period, 273
New Kingdom, 319320
Old Kingdom and First
Intermediate Period, 118
Third Intermediate Period, 798
Emar, 664
Israel, 1003
Mesopotamia
Middle Babylonian Period, 499
Neo-Assyrian Period, 893
Old Babylonian Period, 380381
chattel. See Chattel slavery
children of slaves, status of, 44
Egypt
Elephantine, 874
New Kingdom, 320, 321
Emar, 665666
Israel, 1003
Mesopotamia
Neo-Babylonian Period, 929, 930
Old Babylonian Period, 382
children sold into by parent. See
Children
contracts for sale, 42
Egypt
New Kingdom, 320, 338
Third Intermediate Period, 781,
798, 806, 807
Emar, 684
Mesopotamia
Early Dynastic and Sargonic
Periods, 169, 172
Middle Assyrian Period, 546
Neo-Babylonian Period, 927
Neo-Sumerian Period, 210, 211
Nuzi, 606
Old Assyrian Period, 449, 463464
Old Babylonian Period, 382
debt. See Debt slavery
denition, 40
Egypt
Demotic Law, 834
Elephantine, 873875
Middle Kingdom and Second
Intermediate Period, 272274
New Kingdom, 307, 319322
Old Kingdom and First
Intermediate Period, 117118
Third Intermediate Period, 797
Emar, 664668, 684
escape. See this heading: runaway
slaves
family law and, 41, 4344
Mesopotamia Neo-Babylonian
Period, 929930
foreign slaves. See also Captured
slaves
Egypt Middle Kingdom and
Second Intermediate Period, 273
Israel, 1004, 1006
Mesopotamia Neo-Babylonian
Period, 929
Hittite Kingdom, 632633
Israel, 10031007
length of service, 43
marriage of slave to free person,
4344, 47
1129
Emar, 666
Mesopotamia
Middle Babylonian Period, 501
Neo-Babylonian Period, 929, 930
Neo-Sumerian Period, 199, 200
Nuzi, 588
Old Babylonian Period, 382
Ugarit, 724
marriage of slave to slave, 4344
Mesopotamia
Neo-Sumerian Period, 201
Old Babylonian Period, 385
Mesopotamia
Early Dynastic and Sargonic
Periods, 149, 158160, 169
Middle Assyrian Period, 531532
Middle Babylonian Period, 499500
Neo-Assyrian Period, 893
Neo-Babylonian Period, 928930
Neo-Sumerian Period, 195, 198200
Nuzi, 581, 584587
Old Assyrian Period, 449450
Old Babylonian Period, 380385
names
Mesopotamia Neo-Babylonian
Period, 930
oblates
Mesopotamia Neo-Babylonian
Period, 918, 926927, 932
ownership of property by, 4041.
See also Peculium
Egypt New Kingdom, 321
Emar, 666
Mesopotamia
Neo-Assyrian Period, 893
Neo-Babylonian Period, 927
Neo-Sumerian Period, 200
Old Babylonian Period, 383
parties to litigation, slaves as. See
Parties to litigation
peculium. See Peculium
physical punishment, 43. See also
this heading: treatment of slaves
Israel, 1031, 1038
Mesopotamia Old Babylonian
Period, 383
pledges, 41
ransom and redemption. See
Redemption
royal slaves
Mesopotamia Neo-Babylonian
Period, 933
runaway slaves
Egypt Middle Kingdom and
1130
Egypt
Demotic Law, 839
Old Kingdom and First
Intermediate Period, 126
Emar, 677679
Israel, 1018
Mesopotamia
Early Dynastic and Sargonic
Periods, 163164
Middle Assyrian Period, 543
Middle Babylonian Period, 506
Neo-Assyrian Period, 900
Neo-Babylonian Period, 928, 938
Neo-Sumerian Period, 206, 209
Old Assyrian Period, 455, 459
Old Babylonian Period, 395, 397
Ugarit, 729
Sons of the King
Emar, 660661
Sorcery. See Witchcraft
Sources of law, 424. See also specic
types (e.g., Historical records,
Letters, Law codes, etc.)
Alalakh IV, 703704
Alalakh VII, 693694
Canaan, 737
direct or indirect evidence of law, 6, 11
Ebla, 227
Egypt
Demotic Law, 819821
Elephantine, 863864
Late Bronze Age, 753754
Middle Bronze Age, 745
Middle Kingdom and Second
Intermediate Period, 255257
Old Kingdom and First
Intermediate Period, 9398
Third Intermediate Period, 777783
Emar, 657658
Hittite Kingdom, 619624
international law
rst millennium, 10471050
Late Bronze Age, 753754
Middle Bronze Age, 745
third millennium, 241242
Israel, 975981
Mesopotamia
Early Dynastic and Sargonic
Periods, 141145
Middle Assyrian Period, 521522
Middle Babylonian Period, 485487
Neo-Assyrian Period, 883885
Neo-Babylonian Period, 911914
Neo-Sumerian Period, 183185
1131
Nuzi, 565568
Old Assyrian Period, 431434
Old Babylonian Period, 361363
self-consciousness of evidence of
legal norms, 6
Ugarit, 719720
uneven distribution, eect of, 5
Speech acts, 12. See also Divorce and
dissolution of marriage
adoption dissolution, 53
testamentary succession, 5859
wedding, 45
Spinsters
Mesopotamia Middle Assyrian
Period, 534
Spoils. See Booty
Spying
envoys engaged in, second millennium,
751
Statue cults
Egypt New Kingdom, 332
Status. See Class
Statutes. See Edicts; Law codes;
Legislation
Stela of the Vultures, 245, 246, 247,
249
Step-children, status of
Mesopotamia Neo-Babylonian
Period, 936
Stewards
Hittite Kingdom, 633
Mesopotamia, 25n
Early Dynastic and Sargonic
Periods, 145146, 147
Stone documents
Egypt Old Kingdom and First
Intermediate Period, 111
Mesopotamia
Early Dynastic and Sargonic
Periods, 144, 167
Middle Babylonian Period, 486,
505
Neo-Babylonian Period, 911, 946
Stoning as punishment
Israel, 989, 995, 998, 1014, 1034
Subpoena power
Egypt New Kingdom, 309
Mesopotamia Old Babylonian
Period, 370
Succession to paternal estate. See also
Intestate succession; Wills
adoption to create. See Adoption
Alalakh IV, 710
Alalakh VII, 699
1132
Taanach letters
Canaan, 738
Talion, 74, 79
Israel, 1033
Mesopotamia
Middle Assyrian Period, 553,
557558
Neo-Sumerian Period, 221
Old Babylonian Period, 423
Talmud, 2n
Tarhuntaa, 756
Taris, 15
Hittite Kingdom, 624, 636, 642
Tawananna
Hittite Kingdom, 627
Tax collectors
Mesopotamia
Middle Assyrian Period, 526
Neo-Babylonian Period, 918
Taxation
collectors. See Tax collectors
Egypt
Demotic Law, 824825, 828
Middle Kingdom, 263, 277
New Kingdom, 293, 331
Old Kingdom, 9495, 99, 100,
101, 102, 104
Third Intermediate Period, 780, 789
exemption decrees
Egypt Old Kingdom, 9495, 99,
101, 102
local authorities and, 29
Egypt Old Kingdom and First
Intermediate Period, 104
Mesopotamia Neo-Assyrian
Period, 889
Mesopotamia
Early Dynastic and Sargonic
Periods, 148149
Middle Assyrian Period, 525526
Neo-Assyrian Period, 899
Neo-Babylonian Period, 920
Neo-Sumerian Period, 191192, 206
Old Assyrian Period, 438
Old Babylonian Period, 365, 366
salt tax
Egypt Demotic Law, 828
Treasury Departments role
Egypt Old Kingdom, 100
Teaching of Ptahhotep (Egypt Old
Kingdom), 9798
Telipinu (Hittite king), 6, 15, 25, 28,
619, 623626, 644, 647
Tell Atchana. See Alalakh Level IV
Tell el-Fahhar. See Nuzi
Tell Mardikh. See Ebla
Temple courts, 29
Egypt
Demotic Law, 828, 829
Middle Kingdom and Second
Intermediate Period, 278
New Kingdom, 301
Mesopotamia
Neo-Babylonian Period, 919
Old Babylonian Period, 368
Temples, 29. See also Oracles
administration of
Egypt
Demotic Law, 826, 827
New Kingdom, 297
Old Kingdom and First
Intermediate Period, 104
Mesopotamia Neo-Babylonian
Period, 913, 916, 918
as administrative centers
Egypt
New Kingdom, 29
Third Intermediate Period, 785
Mesopotamia Early Dynastic and
Sargonic Periods, 148
display of kudurru
Mesopotamia Neo-Babylonian
Period, 913
donations to
Egypt Third Intermediate Period,
782, 802
Mesopotamia Neo-Assyrian
Period, 899
endowments of land from king
Egypt Third Intermediate Period,
803
Mesopotamia Neo-Babylonian
Period, 915
exemption decrees for
Egypt Old Kingdom, 9495. See
also Exemption decrees
food restrictions
Egypt Demotic Law, 854
great estates attached to
Mesopotamia Neo-Sumerian
Period, 190191
harboring state enemies
Egypt Middle Kingdom and
Second Intermediate Period, 282
Jewish Temple. See Jews
land ownership, 54. See also Prebends
1133
Egypt
Demotic Law, 839
New Kingdom, 328, 330, 331
Third Intermediate Period, 779,
786, 802
Mesopotamia Neo-Assyrian
Period, 899
oblates
Mesopotamia Neo-Babylonian
Period, 918, 926927
as party to litigation
Mesopotamia Neo-Babylonian
Period, 921
priestesses. See Priestesses
priests. See Priests
slave ownership by. See also this
heading: oblates
Egypt
Middle Kingdom and Second
Intermediate Period, 272
New Kingdom, 320
status of members
Egypt Demotic Law, 833
theft from, 81
Mesopotamia
Neo-Babylonian Period, 921,
922, 962963
Old Babylonian Period, 420
violation of, by sexual acts
Egypt Demotic Law, 854
Ten Commandments, 9n, 975976,
995, 1012, 1034, 1037, 1039, 1041
Tenant farmers. See Agricultural lease;
Hire, subheading: land rental
Tenants. See Hire
Tenure of property, 5456
Alalakh IV, 711
Egypt
Demotic Law, 838839
Middle Kingdom and Second
Intermediate Period, 276277
New Kingdom, 291, 328330
Old Kingdom and First
Intermediate Period, 121122
Third Intermediate Period, 802
Emar, 661, 675676
Hittite Kingdom, 638639
Israel, 10151017
Mesopotamia
Early Dynastic and Sargonic
Periods, 163
Middle Assyrian Period, 524525,
545
1134
Neo-Assyrian Period, 898899
Neo-Babylonian Period, 937
Nuzi, 604
Treason, 76
Alalakh IV, 716
Canaan, 742
Ebla, 236
Egypt Middle Kingdom and Second
Intermediate Period, 282
Emar, 668, 688
Israel, 985
Mesopotamia Neo-Babylonian
Period, 965
second millennium (Middle Bronze
Age), 751
Treasury/treasurer
Egypt
Middle Kingdom and Second
Intermediate Period, 260
New Kingdom, 298
Old Kingdom and First
Intermediate Period, 100103
Mesopotamia Neo-Assyrian Period, 888
Treaties, 13, 65, 8485
Alalakh IV, 703, 704, 715, 754
ceremonies associated with. See
Ceremonies
Ebla, 227, 236, 245
rst millennium, 1047, 10541057
Hittite in Late Bronze Age,
759764
Mesopotamia
Early Dynastic and Sargonic
Periods, 242
Old Assyrian Period, 434, 439,
477478
parity treaties, 65, 85
rst millennium, 10541055
second millennium, 760
third millennium, 244245
second millennium
Late Bronze Age, 753, 759764
Middle Bronze Age, 745, 746,
747750
third millennium, 244249
types of
rst millennium, 10541056
second millennium, 749
third millennium, 244
Ugarit, 719, 720, 753, 754
vassal treaties, 65, 85
rst millennium, 1055
second millennium, 760
third millennium, 244, 245
1135
1136
New Kingdom, 297299, 312
Old Kingdom and First
Intermediate Period, 101, 106, 128
Third Intermediate Period, 785, 791
Mesopotamia
Early Dynastic and Sargonic
Periods, 148
Middle Assyrian Period, 523
Neo-Assyrian Period, 890
Neo-Sumerian Period, 188, 193, 215
Nuzi, 568, 570
Old Assyrian Period, 448
War, 73. See also Declaration of war
rst millennium, 10591061
Israel, 989, 1042
military. See Military
prisoners of. See Prisoners of war
rules of, 86
second millennium
Late Bronze Age, 768769
Middle Bronze Age, 751
Wards
Mesopotamia Old Babylonian
Period, 366, 367
Warranties
Egypt Elephantine, 879
Mesopotamia
Middle Assyrian Period, 547
Neo-Babylonian Period, 946, 947
Old Babylonian Period, 401
Warriors. See also Chariot drivers;
Military
Hittite Kingdom, 633
Wedding ceremony, 45
Egypt
Demotic Law, 835
New Kingdom, 323
Hittite Kingdom, 635
Israel, 1008
Mesopotamia Old Babylonian
Period, 387
Weights, 81
Emar, 660
Israel, 1038
Wetnurses. See Women
Widows, 49
Egypt
Middle Kingdom and Second
Intermediate Period, 272, 278
New Kingdom, 334
Third Intermediate Period, 796, 804
as guardians
Mesopotamia Nuzi, 601602
inheritance rights. See Wives
Israel, 628, 1000, 1019
1137
1138
as head of household, 39. See also
Mistress of the house
Mesopotamia
Early Dynastic and Sargonic
Periods, 157
Neo-Assyrian Period, 894
Neo-Sumerian Period, 198
Old Babylonian Period, 379
inheritance rights, 6062. See also
Daughters; Wives
Egypt
Demotic Law, 842
Elephantine, 872
New Kingdom, 334
Emar, 663, 679682
Mesopotamia
Middle Babylonian Period, 507
Neo-Sumerian Period, 208209
Old Babylonian Period, 397399
Ugarit, 724
not as ocials, 39
Egypt Old Kingdom and First
Intermediate Period, 116
not subject to death at hands of
husband or father, 1003
as parties to actions. See Parties to
litigation
priestesses. See Priestesses
as prisoners
Mesopotamia Neo-Babylonian
Period, 967
property ownership by, 39, 47. See
also Wives
Egypt
Demotic Law, 833
Elephantine, 872
Middle Kingdom and Second
Intermediate Period, 271
New Kingdom, 317
Third Intermediate Period, 796,
802
Emar, 663
Mesopotamia Neo-Babylonian
Period, 928
Ugarit, 724
property sale by. See also Wives
Egypt
Elephantine, 872
Middle Kingdom and Second
Intermediate Period, 271
New Kingdom, 318
Third Intermediate Period, 796
Emar, 663
Mesopotamia
1139
1140
alphabetic scripts, 3, 5
Aramaic. See Aramaic
clay tablets. See Clay tablets
cuneiform. See Cuneiform writing
Demotic, 819820, 826
Emar styles on tablets, 658
invention of, 1, 141
relationship to orality, 12
teaching of
Late Bronze Age, 766
Mesopotamia Early Dynastic and
Sargonic Periods, 144145
Yamkhad. See Alalakh Level VII
Yorghan Tepe. See Nuzi
Zedekiah, King of Israel, 16
Zivilprozeordnung, 821
1141
506, 515
594, 594 n. 105,
601
3824, 586, 594,
707
365
476 n. 229
1056
903
473
742
497
5878
473, 709, 895
n. 62, 934
244, 411, 506,
595, 728
506, 728
244
53031
524
448
532
514, 576, 670
751
58183
534
533, 537
365, 699
565, 578
676, 685 n. 74
432, 437
439
440
917
522, 553 n. 133
888 n. 25, 889
919, 926 n. 58
435, 438
436
440, 444, 526
380, 449, 452,
452 n. 112, 499,
584, 724, 928
587 n. 70
933
amttu
ana bt emi
ana dayyn/
krim rad"um G
ana .gi4.a-ut-ti
ana ettiu
ana/ina uran (la)
alku(m) G
ana kallti lu(m) G
ana kaspi(m)
n/tadnu(m) G
ana id
ana dim alkum G
ana itaritiu
ana italim
ana ittiu
ana kinatttim
ana man/ddatti
ana mrti(m)
erbu(m) G
ana mr(t)ti(m)
leq(m) G
ana mrti(m)
nadnu(m) G
ana makanim
ana mer "tim
laq"um
ana mui
ana pni dayn el G
ana pni arri
erbu(m) G
ana paqdi man G
ana p
ana qtti erbu(m) G
ana ramniu
ana sinnilte zak G
ana sti
(ana) mti amum G
ana mi ti
ana ze/zarani
(an)durru(m)
928
669
443 n. 49
669
see ittu(m)
57556
708
399, 46162
95458
446 n. 79
452
see nalu(m)
363 n. 8,
404, 914
698
956
540
391, 539
539
404
456
684, 701
572
738
961
723
715
586
536 n. 70
954, 95658
544
949
403
142 n. 4, 384,
472 n. 214, 487,
488 n. 12, 500,
512, 566, 566
n. 4, 587, 687,
695, 699, 904
1142
annaku
aplu(m) G
aplu(m)
arawannu
(Hitt. lwd.)
arawanntu
ardtu
arnu(m)
bl arni
aar/itu ilni
tru(m) G
aar libbiu
alku(m) G
aar pni(+pron.)
mara nadnu(m) G
aar ebt/mari
alku(m) G
iptu
abu
aatu(m)
aat a"le
aat arri
ana aati/
ati
ana aati
azu(m) G
aatu(m) antu(m)
auriu
atum
atru
atwm
awtum/amtu
awt lim
awt krim
aw/bt arri
awtam
kadu(m) G
awtum
gamru G
awtu
sarrtu
amt arri qab G
awtam tadnum G
awltum
awlu(m)/amlu
549, 549
n. 117
508, 517, 700,
713, 945
395 n. 102, 456,
458
awltu/amltu
awtum
663,
663
585,
447,
454,
705,
742
733
575
666
928
447 n. 83,
477 n. 234,
716, 733,
bbtu(m)
bbu(m)
b"ertu
b"iru(m)
bak(m) G
balu(m) G
balu(m) D
baqru(m) G
670
943 n. 126
935
958 n. 205
581, 583
449, 452, 452
n. 112, 503,
53334, 669,
709, 929
557
535
669
709
452
531,
456
945
447
437,
432,
432
364,
541, 892
74041
437
887
473
400
743
921
447
447
38, 3778, 378
n. 49, 379 n. 52,
baqtu(m) G
bru(m) G
bru(m) D
ba(m) N
btiqnu
batultu
blu
bl bti (Kass.)
bl edmtim
bl ubulli
BL MADGALTI
bl masikti
bl pti/
pti
bl qtte
bl piqitti
bl imtim
BLI. A
bennum
bru(m)
bt abim
be"ltum
biblu(m)
biriqqum/pirikkum
bum
bt abim
bt emi
bt ame
bt kli
bt kuss
bt naparim
bt ginarkabti
bt nupri
365, 917
599
529
369, 394, 714
594, 596, 922
531, 532
371, 551
462, 462 n. 154,
513, 667, 683
n. 64
462
553
528
474
527, 527 n. 35
933
47
917
476 n. 229
465 n. 172,
702
62930
705, 716
522, 888, 917
904
918
458
628
400
438
457
473
203, 53556,
541, 934
446 n. 70
399 n. 116
see bt abim
669
524, 524 n. 16
594, 594 n. 104,
716
938
751
938
594, 594 n. 104,
716
bt giqati
bt ss
bukanum utuqu(m)
bltum
938
938
400
465
dabbu(m) G
daglu(m) G
d"iku
dku(m) G
damiqtu
damqtu
dmu(m)
danntam qab(m)/
qab"um G
dannunum G
danntu(m)
darru(m) N
dtabarru
dtum
dtu a arri
day( y)nu(m)
511
469, 740
515
515
585
704
476
468
dayyn a mti
dek(m)
dek a bbti
diktu(m)
danu(m) G
dn lim
dn mari dnu G
dn tamkartim
dna danu(m) G
dna dabbu(m) G
dna parsu(m) G
dna an G
dntu
d/nu(m)
bt dni
dullu(m)
dulla . . .
epu(m) G
dumq
444
685
685, 702
912
440
912, 926, 961
150, 490, 524,
570, 572, 886,
919
524
506
917
490, 490 n. 23,
697
152
439
915
440
154
511
72223
577
916
152, 511, 705,
741, 902 n. 113
918, 918 n. 29
920 n. 35
958
dunnum
528, 536,
54142
456, 533
ebbubum G
ebuum
edanu etqu(m) G
e/id(m) G
e/id(m)
ekallu(m)
eltum
el"um G
463
46556
549
423 n. 212
566, 681 n. 56
365, 568
396
444
ellutu(m)
emmu
emu
eperu
epu(m) G
pintu
ana pinti
nadnu(m) G
er/bu(m) G
eru(m) G
errebu
errtu
erubbtum
espu(m) G
esru(m) G
esirtu
elu
eru(m) G
ez/bum G
ezbu(m)
zibtum
1143
475
505
537 n. 72
699
955, 957
957
958
469 n. 192, 715
903
502
957
453 n. 114, 455,
46869
405
492, 511
536, 543, 592
585
945, 951, 953
454 n. 119,
59293, 670,
726
503
454
gagm
galtu
gamru(m) G
giuru
gura(m)
ummudum D
424
1061
509, 7001
925 n. 51
394
ablu(m) D
abtu(m) G
abbtum
ab/piru
abulaku
ajjrum
alqu
al/zulu
515
421, 510, 517
751
585, 723, 751
546
748
1063
31, 569, 569
n. 9, 571
522
454
436
462
439
706
534
95860
440
369
685 n. 75,
95859, 960
522
743
alu
amu(m) G
amrum
amum [batqu(m) G]
amutum
anigalbattu
arimtu
arrnu(m)
arrn lim
arrn arri(m)
ana arrni
assilu
ainnu a arri
1144
atntu
aru
aza(n)nu
AZANNU
ep(m)
ibiltu(m)
ibit bti
imudi
u
u rab
ubtu
ubullam mas"um
ubullu(m)
ubutttu(m)/
ubuttu
uluqq"um
uppum
upu
upptu
urnu
i-da-in
idu
igru(m)
iku (meas.)
ilku(m)
ilu
imittu(m)
ina adri
ina arki ebri
ina balu u almu
ina dni le" G
ina d libbi
ina la idm
ina libbi(m)
ina mrti ammati
738
938
489, 492, 496,
522, 569, 659
n. 12, 660, 69596,
704, 721, 739,
888, 888 n. 25,
889, 917, 919
629
511, 517, 523, 951
515
517
714 n. 50
7334
734
1062
472
173, 173 n. 196,
213, 235, 403,
465, 465 n. 172,
510, 60711,
685, 742, 914, 950
173, 173 n. 196
510, 403, 465, 510,
685, 950
477
446 n. 72
741
958 n. 205
575, 575 n. 30, 891
674
95459
175
166 n. 162
368, 448 n. 90,
490, 490 n. 23,
5245, 532, 582,
597, 597 n. 115,
5989, 675, 675
n. 38, 697, 697
n. 10, 722, 899,
899 n. 90, 900,
920, 938, 1061
602
957
903
608
404
573
945, 949
423 n. 212
465, 929 n. 73
728
ina
ina
ina
ina
migrti(unu)
migriu
milki a
pn(i)
ana kallti
klu(m)/ka""ulum G
kalm G
kalm D
kalm N
kaltu
kalzu
kanku(m) G
kanku(m) D
kank la ragmim
knu(m) G
442, 461
392
939
903, 950, 954,
956, 959
935
713, 903
590, 593
435, 945
931
465, 469
383 n. 61
544
596
477, 533
477
396 n. 104
687
597
165, 166 n. 162,
167, 171
452
473
395
665
465, 509
928
508
392
405
466
460, 513, 664
511, 922, 956
503, 669
387, 393, 397,
501,587, 587
n. 69, 588 n. 73,
588 n. 75, 589
n. 77, 595, 669,
708, 728
669, 728
469
492, 503, 709
587
576, 576 n. 36
958 n. 205
1062, 1062 n. 79
948, 949 n. 151
931
698
553
knu(m) D
kapru(m) N
karpatam ep(m) G
kru(m)
kara aklu(m) G
kaspu(m)
kasap iperi
kaspa
nadnu G
kadu(m) G
kadu(m) D
kau""um
kat"um G
katt
kat
k(ma)
kidinnu
kilum
km
kinattum
kinitu
knu(m)
kirbna ep(m) G
kirbnu
kierum
kitu(m)
kitru
kitta/kintu
dabbu(m) G
kittu(m)
kiz
kubbudtu
kubrtu
kubudd"u
kubbudu D
kubutu
kudurru(m)
km rb
kunukku(m)
kupuru
kurgarrtu
kurillu
kuru
kutu"tum
528, 915
505
384 n. 65
29, 366, 368, 431,
43244, 43641,
441 n. 38, 441
n. 41, 44243,445,
447 n. 85, 454,
466, 470, 477
740
549, 895, 895
n. 62, 945
738, 742
949
443, 922
603, 674
475
471
471 n. 210, 509,
513
550
449, 470
885 n. 11
492, 512
733
198
918 n. 24
465
594, 603
594 n. 105
477
172, 371, 420
602
915
26, 364, 915
922
731
678
680
50
678
55, 486, 490
n. 2223, 911,
913, 913 n. 7, 944
905
511, 513, 931, 946
683, 683 n. 66
958 n. 205
608
594, 594 n. 10, 707
471
lamdu(m) G
lamdu(m) D
lamtnu
lemuttu
leq(m)/laq"um G
mrtu(m)
mrat a"le
mrttu(m)
mru(m)
mr Aur
mr bane
mr damqi
mr mti(m)
mr ipri
1145
459, 740
369, 958
928
743
456, 501, 5078,
531, 548, 589, 605
673 n. 35, 701,
709, 71213, 727
n. 23
732
683
400, 698, 700
676
43839, 472, 523
750
698
632
596
604, 604 n. 130
575
172, 403, 443, 508,
922, 945, 951
475 n. 184, 513
608, 610
404
444, 684
476
526
408, 955
923
434, 477, 759
931, 956
57172, 574
511
1063
582, 666, 7034,
7067, 707 n. 32,
710, 713, 722,
724
395 n. 102
53334, 557
58788, 588 n. 73,
588 n. 75, 595
391 n. 87, 395
n. 102, 501, 530
892
919, 92627, 935
n. 100
892
376
580, 751, 766,
931, 1053
1146
mrtu(m)
masennu
mass
maartum
ma"u G
makanu(m)
makanu
abtu G
makanu
kanu G
mau
maqtu(m)
ma "altu
ma"(")uttu
mazzaznum
megirta dabbu G
melqtum
meretu
migrtum
mi k mi
miksu
miqit pm
miqit p ra G
maru(m)
miittum
mitari
mitari/malami
zzu(m) G
mud awtim
md
mu"erru(m)
mukinnu
mulgu/mulgtu
nadnu(m) G
952
ngiru
nakru(m)
nam
nam"udum
nmurtu
napita(m)
laptu(m) G
napte mal D
naprtu
nar(m)/naru "um
952
951
394
922
898, 898 n. 85,
899 n. 89
405, 698, 702, 714
n. 50
679 n. 51
403
1060 n. 66
447 n. 82, 461
558
526
383 n. 61
559 n. 148
364, 407, 566,
568, 915
475
460, 667
602
443, 443 n. 53
494, 724
365
919, 922
61, 5023, 507,
507 n 111, 590,
591 n. 89, 940
munabittu
497
m(m)
394
muniqtu
514
muknu(m)/maka"en 38, 157, 172,
37778, 379 n. 52,
388, 41416, 892,
927
mullum
436
mutta mutta
459
mutu
669, 929
mut libbia
389
nabalkutum G
nab(m) G
nru(m)
naruqqum
nrtu
nasu(m) G
nasqu(m) G
naru G
ni bilti(m)
ni kank(iu)
nalamtu
napaktu(m)
napartu
na(m) G
na ilim/ilni
na-nadnu
nalu(m) G
nayyalu
n/mmelu
nilu(m) G
nidnu
nikaru(m)
nipiltum
nisqu
ni() bti
nu(m)
n ilim/ilni
n arri (zakru)
nu"artu
nu"um
nu(n)du(n)n(m)
nungurtu
nusu
putu/ptu
palu(m) G
pn X daglu(m)
a/ina pni
ina pni mtiu
pntu
paqdu(m) G
paqru(m) G
paqdu
parsu(m) G
parumu
paslu(m) G
paru(m) G
paru(m) ina
kaspi G
pir awtim
patru(m)
paru(m) G
paru(m) ina
kaspi G
pau(m)
pilku
pugu(m) G
puru(m)
pata epu(m) G
puu(m)
ana p(i)/pt
ana pi leqm G
pt na(m) G
ptam mau(m) G
ptam ubbubum D
ptam ullulum D
qadu(m) G
qadi/ltu(m)
qallatu
qallu
qannu
qanna
naksu(m) G
qanna
na/squ(m) G
qan G
qaqqadu(m)
ina qaqqad(i)
qum G
qt tru(m) D
qatlu(m) G
qtam nasu(m) G
qtt PN leq(m) G
qtt PN
wablu(m) G
qtte mau(m) G
qttim leq(m) G
qtti abtum G
qttum
qtum ina . . .
aknu(m) G
qebru(m) G
q/pu
qibtu
qintu
qpi li
qptu(m)
qpu(m)
qtu(m)
quppu
rab ae
rab lni
rab ekalli
rab ri
rab q
rab irkati
rabinu(m)
rabi maarim
rabi sikkatim
rbiu(m)
rbi blia
rabte
rad"um G
r/sintu
ragmu(m) G
raksu(m) G
1147
590, 593
593 n. 101
593 n. 101
901 n. 104
469, 505, 681
46869
394, 948
511
748
408
174
174
904
407
733
470, 685, 702,
715, 733, 742
469
594, 596, 603
523, 547, 547
n. 103, 1058
566
901
917
396, 403
918
410, 591, 604,
604 n. 128 &
130, 948
61, 940
676
522, 553 n. 133
523, 535
888
888
927
366
435
448
31, 43344, 441,
473, 73839, 757
435
888
453
957
152 n. 74, 683
n. 64
46869, 727 n. 23
1148
rkib narkabti
rmu/rimu G
r
red(m)
r"tu/rmtu
riqu(m) G
rigmu(m)
rikiltum
riksu
rikste lau
rikste aknu(m) G
rikstum
risbtum
rittu
rubtum
rub"um
rugumm"e
nad"um G
rugumm(m)
*sakrutu
salmu(m) n.
salmu(m) G
samu(m) D
sararu
sarrrum
sarru(m)
sarta epu(m) G
sartennu
s/artu
sepru
sikiltu(m)
sikittu
sikkam ka"ulum
sikkam abtum G
sikkatam retm G
sikkum
simmiltu a
ma"altu
sissiqta batqu(m) G
subrum
s/ukkallu
sukkallu rabiu
stu (meas.)
95658
stu (people)
abtum G
abtum N
bu
58182
499, 915, 94849
952
31, 369, 394
948, 949 n. 150
542
444 n. 59
493, 517, 75960
521, 529, 536, 759
529
529
399 n. 115, 413
n. 177
79
932
435
43435
442 n. 44
509
896
390 n. 84
390 n. 84
603
209 n. 101,
750
467, 516
515
888, 888 n.
890, 919
515, 515 n.
924
677
544, 544 n.
442
442
394
442 n. 45
922
671
amd/tu G
ehertu
ehru
ibtu
imdat arri(m)
ru(m)
uhrtum
uhrum
upru
732
499
499
950
364, 400, 404
1053
380, 449, 584
380, 449, 584, 707
946
a mui dti
a mui li
a mui quppi
a p"
a pn denni/denti
a qati
a qt(iu)
a ri
abbu"um G
adnu(m) ana G
aglu
autum G
aru
aknu(m) G
akintu
ak(k)anaku(m)
aknu
912
888 n. 25, 889
918
443
890
58182, 582 n. 53
523, 668
523, 893 n. 55
46162
161
1061
463
547
513, 529, 672
894, 894 n. 58
365, 48889, 491
48990, 501, 522
568, 570, 917
568, 570, 917,
922
917
652
517
949
633
1062
468
549, 553
475, 557
740
412, 475
akin mti
29,
715
akin mi
almu(m) G
almu(m) D
alu(m) G
ALLATU
allutu
almu(m)
almu-knu
alu/atu
lu(m) G
amall"um/
amallm
mu(m)/
a"mum G
amrtu
andabakku
ang
aniu
apartu(m)
apru(m) G
pir mti(m)
apssu
aqlu(m)
ar mari
592,
449
523,
890,
523
586,
153
92
593 n. 102
56970, 888,
919
609, 954,
arku(m) G
arqu(m) G
arraku
arrqu
arraqtu
arru(m)
arrupabinnum
arrt mari
aumma epu G
a(m) G
atammu
azzuztum
bultum
e"tu
em(m) G
eriktu(m)
erku
erru(m)
e""um (e"m) G
e"u
b zakrum G
ibu
bu(m)
bt li
bt kitim
ibuttu(m)
ibtum
illatum
ilulu
mtu(m)
mu(m)
m batulte
ana m gamir
indu
ipar arre
ipirtu
ipktum
ipr a lim
iqtu
irki/irktu
dtu
ugtu(m)
ugarri""um
uka"unum G
ulmnu
upltu/
upe""ultu
926
419, 51617, 715
546
715
715
145, 380, 434, 499
697, 697 n. 10
915
603
572
91819
470, 475
413
537
594, 602, 741
60, 397, 942
542
455 n. 127
444
549
444
899, 899 n. 90
413 n. 177, 443,
584
919, 926 n. 58
172
444 n. 59
43637, 439, 695,
704, 721
454
543
467, 677
452, 579, 604,
604 n. 127 & 128
605, 663 7001,
713, 945
46, 557
461 n. 149, 508,
551, 701
932
553
931
476
435, 438
676
918, 9267, 927
n. 62, 932
566, 566 n. 4, 568
390, 42425
445 n. 70
436
523, 531, 533,
766
606, 948, 949
n. 149
1149
urqu(m)
ualum
un
untu
utptu
553
468
927
927
514
tadmiqtu(m)
takputu
tmartu
tamkru(m)
tamimtum
tam(m) G
tappm/tapp"
tapptum
tardum G
tarum G
tarb
ta/erde/innu
tarkistum
tarm/tar"um G
trum/tu"rum G
trum D
tazktum
teb"tum
trtum
teratu(m)
tidennu
tidenntu
tidintu
TIRATUM
(see teratu)
tudittu
tupikku(m)
tupikka
emdu(m) G
tupikka
abtu(m)
turtnu
tusinnum
uppa(u) ep(m) G
uppi la ragmim
680
368, 490, 490
n. 23, 920, 1061
920
920
888
448, 463, 463
n. 159, 464
523
372, 493
1150
uppi mr banti
uppi riksi
uppi mti
uppi uplti
uppi tasilti
uppi zununn/
uppi auzzati
uppum
uppu(m) dannutu(m)
uppum armum
uppu(m) abittu(m)
uppum a lim
uppum a mrtiu
uppum a ab"
upar ekalli
uparru(m)
926
587, 759 n. 33
397, 600, 676
948
573
5012
ubadinnum
ubru(m)/ubru
ugbabtum
u"iltu
umma abi
aknu(m) G
umm"num/
ummenum
um/nzaru
untu
unuum
urkittu
urrubum
usatu
utara/i/uti
uzubb(m)
(w)/b/tablu(m) G
(w)ablu(m) Gtn
wabartum
wadurannu
waklum
(w)aldu(m) G
wilid btim
war"um
(w)ardu(m)
arad ekalli
567
547
434, 445
549
436
539
467
887
489
411, 475
527 n. 36, 530
670, 679, 679
n. 52
448
538
453 n. 114
549
606
388, 935
161,
710
433,
440
708,
432,
435,
496,
405, 671
436, 438,
708 n. 37
432 n. 4,
439
710
arad arrti
ardu G
WARDU
warka
warkatum
(w)abu(m)/
ubu D
(w)am G
(w)am
(w)abu(m) G
ana abi (a)
(w)abum/ubum
(w)aib kussm
wabu(m)
waarum/
w/muurum
wudd
zakru(m) G
zakru(m) D
zak(m)/zak"um G
zak(m) D
zaktu
zzu(m) G
zen(m) n.
zen(m) G
zru(m)/
ze"rum/
ziru(m) G
zittu(m)
zitti ekalli
zubull
382 n. 57
443 n. 49
380, 449, 499,
530, 581, 584,
633 n. 50, 724,
928, 930
582, 584, 933
n. 92
933
739
632
4589
398
685, 701, 714
542
513
702
928, 954
524
751
473
442, 582, 670,
935
700
444, 469 n. 191,
577
5067
475, 496, 509,
536 n. 70, 547,
606, 683, 713,
730, 945
932
697
603
390 n. 84
390 n. 84
454, 896
589, 604, 694, 958
524
535, 541
Aramaic
b'l
gw"
hyr"
ywd/r
lnh
mhr
871
875
870
871
875
46, 875
mst"
nn
sgan
mh
n"
trk
871
872
868, 870
873
876 n. 10
876
1151
Demotic
3ysws
r 'r
'.wy n wpy
wr
w p
b3k
b3k pr-'3
p3 hrw p
p
Maat
mkmk
mt.t pr-'3
nkt.w n s.m.t
hp
w dny.t
n ir m.t
3'
br
m- l swky
s'n
snt
sm.t
sm.t w3-mw
sn
s
830
826
828
849
841
833, 834, 846
834
841
839
826, 828
823
849
842
826
841
844
836 n. 88, 842
837
851, 851 n. 171
834 n. 75
842
854
833
833 n. 70
852
823, 823 n. 24,
843 n. 124
s b3k
s n dny.t p
s [n] b3
s n p
s n r'-w3
s n s'n
s n sm.t
s n tm sy
s [n] wy
s b3
s n wy
'r
't/'.t
p dr.t
p n m.t
m
mw
ty b3
ty mtr
tb-n-m'
dny.t sn '3
d
d qnb.t irm
834, 846
840
836, 840, 845,
847, 850
841
849
836
836 n. 87
852
831, 845, 850
806
806
830
823, 824 n. 24
852
46, 836, 836
n. 87, 842
837
849
844
844
830
841
824, 843
n. 124
792 n. 138,
832
Eblaite
asirtu
230 n. 17
228
228
ma-lik-tum
malkatum
malkum
mukayyinum
228
228
228
230
damum
231
nium
231
en-ma
EN-sa-gi-su
227, 23445
235
sbi"tum
230 n. 17
'abdum
230
garyatum
g-bar
235
235
'rytum
231
kaymum
kittum
231
246 n. 24
tamaktum
ti-i-t-LUM
tumtallikum
230 n. 17
145 n. 18
228
li"mum
231
1152
Egyptian
3w-tr.t
3-nm
3.t
3.t-nr
3.t pr-'3
wy.t
wn Knm.t
m3
my-r 'nwty
my-r w
my-r pr-wr
my-r pr-
my-r hp
my-r .t-wr.t
my-r w.t wr.t [6]
my-r s s.t t n
(Nome)
my-r s s3b
my-r s3wty
my-r m'/m'w
my-r n'
my-r n' r mw
r t3
my-r nwt
my-r nt
my-r k3.t/k3.wt
nswt
myt-pr/my.t-pr
n
ry-'
ry-'3
ry Nn
ry-hp
ry-t
.t
wty
.t
sw.w
sw.w n pr-.t
t
tj-tawy
t.f- 3.wy
'
'-nswt
278 n. 223
802
328 n. 373
121 n. 246
258
809
106 n. 115
123
297 n. 70
300
297 n. 70
100
262
97 n. 34
106, 106 n. 114
107
107
297 n. 70
103
791
265 n.109
100, 100 n. 59
108
100, 100 n. 58
116, 117, 117
n. 206, 123,
127, 127 n. 298,
n. 301, 129, 257,
272, 276, 279,
280, 298, 335
n. 432, 337, 337
n. 443, n. 446,
782, 804
337 n. 448
791
301 n. 122, 302
93 n. 2
263
261
328 n. 373
320 n. 300
124 n. 276
117 n. 211,
122, 123
123 n. 266
99 n. 54
258
123 n. 267
95, 111, 788
122
'3m.w
'w3
'.wy n m.t
'n/'n.w
'n-n-nw.t/
'n.t n.t nw.t
'rq
w
w3w3
w'b
w'r.wt/w'r.t
w'r.t tp-rs
wb3
wpwtyw
wnn w'-mdw
n'=f
wr-m m'w
wmw/wm.w
w-nswt
w3.t
w' [-mdw]
w'-ryt
w.w
b3k/b3k.w
p-ntr
p.w
m rd.wy=f
m s.t
m nw=f
m3'/Maat
m'b3y.t
m'b.t
mny.w
mr-pr
mr-wp.t
mr.t/mry.t/mrt.w
ms.t
ms.w nw pr
mtr
mdw
mdw ry.t
md.t
nw.t/nw.wt
ny-ps.t.f
nb.t-pr
nm/nm.w/
nm.t
nst ntt
nswt
nswtyw
nt-'
nr-nfr
ns/ns.w
n.t
r
r-t
rw/rw.w
rm
ry.t
rd.t n n(=y) nswt
r m3
h
hp.w/hp
hr
hrw n b3k
hrw m m/m.t
3.t
.t-wr.t/w.t-wr.t
3ty-'
.wt
wtyw
m/m.w
m-k3
m.w-nswt
273
311 n. 226
308 n. 205
106 n. 115
124 n. 276
121, 121 n. 247
124 n. 276
116 n. 198, 270
n. 157, 274, 325,
800
316, 316 n. 270
317, 322, 780,
795, 795 n. 162,
802 n. 221
106 n. 115
783, 783 n. 50
128, 128 n. 303
760
26
97 n. 37, 114, 114
n. 183, 270
270, 316 n. 267
308 n. 205
264
31, 267, 307,
307 n. 197, 309
n. 207, 330, 334,
334 n. 424
112 n. 168, 270
n. 154
112
99 n. 54
777
94 n. 13, 98
n. 40, 255, 257,
262, 290, 290
n. 11, 304, 778
804
341
341
308
95, 105, 106
105, 262, 263,
263 n. 90, 300,
302, 790, 790
n. 11
121, 121 n. 247
303
118, 272, 319,
319 n. 290, 797,
798, 798 n. 184
120, 123, 277
n. 219, 293 n. 233
118
m-nr
m-nr m3'.t
m.t
nk
nmmt
ry.w
ry st3 n sm.t w'
ry tp/ry.w-tp
ry tp '3
ry tp nswt
ry tm3
sb.w
q3.w-.wt
tp
tr
3
3 n 3ty-'
3 n s
3 n t3
3 n 3ty
3 n dd-rm
bs.w
pr.w
n dns
nr.t
nr.t n sm
nr.t wr
nty-
nty- r s.t .t
tm
tm r-gs nswt s
tm.t
d.t
ry tb'/tm
s3-pr
s3b
s3b r3 Nn
s3.t wr.t
s3w Nn
s'n
sw
sw.tyw
sb.t
sb r
sfr
smr-w'.ty
smr sr nb
smsw h3y.t
sn-.t
1153
302
106 n. 115
119 n. 226, 800
329, 331 n. 392
112
300, 302
107 n. 122
105, 105 n. 102
101, 104, 104
n. 92
106 n. 115
264
266, 269
105, 105 n. 102,
300
121
789
311
264
788, 792
330 n. 385
263 n. 89
263 n. 89, 272
276
266
799
266
266
272
107, 115, 115
n. 192, 270
115 n. 191
127, 128, 306,
314
308
128, 268 n. 132,
279
277
122
108, 265, 302
101 n. 68, 107,
266
107 n. 123, 264
276
93 n. 2
119
805
115 n. 193
94 n. 14
282
325 n. 347
97 n. 34
114
301, 791
124, 124 n. 275
1154
789
99, 102, 105, 113,
113 n. 177, 114,
270, 271, 279,
300, 303, 316,
319, 348, 796
sr.w nw rt .t-wr.t
106
sr n t3 qnb.t '3.t n.t 791 n. 129
nw.t
sn/sn.w
791, 804
sr
804
st
122 n. 250
264
s n 3ty-'
sk3
121 n. 243
101 n. 66
s '-nswt
s n sm
267
s n tm3
264
s tm
788
s sn.w
791
s s3.t-nr
788 n. 102
s.t smtr
304 n. 159
st3 p3 m
807 n. 267
st3 t3
807 n. 267
sf3-try.t
315
261 n. 67
sm n'
smj rm
261 n. 57
115 n. 188
122, 291 n. 24,
'
276
307
'r
128, 128 n. 306,
't
129, 788
wty
129
p n s-m.t
324, 799
ms-r
93 n. 3, 99 n. 50
msw
299
msw n qnb.t
31, 306
122
n'.t
339
n'ty
snm
sr/sr.w
smw
dw
qnb.wt w
qnb.wt '3.wt
qnb.t
qnb.t '3.t
qnb.t w/qnb.t n.t w
qdb
gm-nm
t3yty
tp
3ty
3w/3wt
s.w
sw
dniw.t
dny.w
dny.w pr-'3
dnyw n n3 3.t
3t.t
33.t/djadjat
33.t n.t tm3
b3
.t
t
d
d qnb.t rm
289
277 n. 218
300
302
30, 104 n. 93, 264,
300, 301, 302, 302
n. 139, 303, 304,
304 n. 159, 305,
306, 308 n. 199,
309, 312, 314, 334,
342 n. 489, 348,
349, 783 n. 46,
791, 792
302 n. 136
105, 265 n. 101
276, 331 n. 395
340
101 n. 68
280 n. 244
101 n. 68
262, 344
266
266
291 n. 23
787
803
780
280
98 n. 42, 105, 106,
260, 264, 265,
271, 302
264
281 n. 255, 339
115 n. 196, 121,
122, n. 248, 270,
273, 274
783
308 n. 205
792 n. 138
Greek
arrabn
diagrammata
dioiketes
eisagogeus
enkuklion
enteuxeis
eparourion
epistates
genos
1022
822
827
829, 830 n. 57
825 n. 31
823, 850 n. 163
849 n. 153
830
832
komogrammateus
laokritai/laokrision
merides
pastophoros
politeumata
prostagmata
strategos
sungraph apostasiou
828
828, 828 n. 45
828
852
832
822
829, 830, 831
n. 59, 832 n. 64
831
1155
Hebrew
"eben maskit
"adon
"alah
"alit
"amah
"ason
"etnan zonah
bekor
biqqoret
ge"lah
ger
damim
deror
dara
heeziq
heeziqah
huamma"ah
hit'amer
zadon
zinnunim
wattizneh 'alaw
abol
aliah
innam
uppah
erem
y'd
karet
kbd
liz'oq "el hammelek
laopi
mohar (habbetulot)
mas
maebah
melog
mipa
nabal
nagid
naalah
nerepet
1041
47
994
994
1003, 1004, 1006,
1008, 1009
1033
1026
1018
1005, 1034
1023
37, 1000, 1001,
1002, 1004, 1023
1028
1025
997
1035
1033
1011
1037
1041
1034
1009
1021, 1022
1012 n. 46
985
1008
1014, 1027,
1042
1034
1028, 1030
50
983
1005
46, 1007
1003, 1042
1041
61
26
1013
992
1019
1005, 1034
nokri
naqom yinnaqem
niqqiti
noeh
neek
seper keritt
'eglah 'arupah
'ebed
'ebed 'ibri
'abado le'olam
'abo
'ed amas
'onah
'innah
'rb
'oreb
'erabon
'erwat dabar
'orlah
'q
pi enayim
pilege
edaqah
qade
qedea
qain
ro"
rib
robe
akar
ar/arim
oad
oerim
illuim
ipah
ar
to'ebah
tapsah
toqe'a kap
tarbit
torah
Hittite
antiyantannas
arawa-/arawanniarnuattas
dampupieya
alugatallaamenkkL.ME
ippares
642
639
766
65, 635, 642
633
1156
urke/il
isaisiul
kessar
kuirawana/
kuriwana
kusatakussan
lingais
luzzi
maniyaatalla-
643, 648
632, 637
641, 759
645
763
46, 635
643
759
633, 63839, 675
632
paspanku
per-/parnsaan
sullatar
suwaitakku kuiski
tartuliyawastwiyana-
762
62426, 628
645
63334, 638, 675
644
645
621
65, 634
27
645
650
Hurrian
attaiu
eelle
eele
ewuru
irana
irwiu
kirenzi
599
706, 714 n. 50
583 n. 56
601
604 n. 128
597 n. 115
566, 587
magaunu
nakkuu
pugar
purru
tamkarai
uti/utari
wadurannu
604 n. 129
58183
732
706
611
6067
708
Old Persian
azta
frataraka
friya-pati
874
867
875
patifrsa
tiftaye
866
868
Sumerian
a-esir2 ud-du-a
A..GI.BAN-u
abba2
ABBA2.ABBA2.
.AA5
abba2-iri(.k)
ABSIN-s
aga3-s
ama-gal en
ama-r-gi4/ama-ar-gi4
apin-l
a-ru-a
A.RU.BA/
a-ru-ba
arad(2)
aa5
aa5 MUNUS
sag-rig9
aa5.g apin-l
aa5 e m apin-l
aa5.g uku-ra.k
505
893 n. 52
148, 230
171
148
167
194
233
142 n. 4, 200, 384
217
190
173
189, 198, 198 n. 65
149 n. 43
162
149
149 n. 43
163
BAD abulla
(.) -gal
BAD en
bala
bartam
bi5-lu5-da
br (meas.)
dam
dam en
DAM rabti
damtaka4
dam-banda
dam-gr
dam-ma
DI.KU5
DI.KUD LUGAL
di-ku5.r (v.)
di.d
di.d du11.g
di(.d)-ku5/kud (n.)
152 n. 72
228
167, 19192
153, 153 n. 82,
154 n. 82
142
147, 163
16061, 231, 929
233
933
160
200
191, 213, 610
233
670
630
154
152, 154
153 n. 78
150, 193, 227,
di si-s
di-til-la
DINGIR.ME
dub-ar aa5.g.k
dub-ar-ma
DUGUD
dumu
DUMU GAL
dumu-gi7.r
dumu-l
dumu-l-a
dumu-m
dumu-munus-l
dumu-uru
dusu
aa5 dusu
dusu -ad-da.k
[ ].AN.ZA.GR
en
-duruki
-gal
-gi/-gi4(-a)
eme-gi7
eme4-d.d/
ama-tu.d
en
en-nu
EN.U.2.ME
ensi2(.k)
ENSI2
ENSI2.GAR
AR
ensi2.k-G
erin2
e-d-a
eda2
g ar
ga:e8-ma
GAL
gal dam-gr.k
GAL.DUB.SARME
GAL GAL
GAL.GETIN
gal nimgir.k
gala
gala-ma
gn-gu4
gn-uku-ra
gn-uru4-l
gana2 k
gana2-ki
gar
gaz
geme2
geme2-gr-ra
geme2-gi/gi4
geme2-kar-kar
gi4
gi/e.n
gi-eren2
gi-ganabala
GI.ITA
g-n(a) ma-da
gg ar
gur-gub
guda
guru
a-za-nu
AR(UR5).RA
a-la
B
ul
ibila
ibilaku4
D
d-l-ru-g
IGI.DU8
igi-nu-du8
inim
inimg/g ar
inimub
inimzu
inim-bitil
r/ir11/arad(2)
i-gana2
iib
k
1157
159
148
205
205
206
233
233
172
2145
149 n. 42, 158,
187, 218, 230,
380, 499, 584,
708, 724, 928
230 n. 17
230 n. 17
230 n. 17
195
195, 211 n. 108,
216
246 n. 24
211, 400
145 n. 18
192, 192 n. 44
152, 152 n. 74
142
209
187, 198, 231
194
914
507
145 n. 20
215
206, 395 n. 102
204
575, 575 n. 30
197
604 n. 128
159
152
152 n. 74, 194
215
423 n. 212
211, 400
158, 198, 198
n. 63, 230, 380,
499, 581, 584,
632, 651, 698,
708, 724, 741, 928
165, 166 n. 162,
16768, 170, 170
n. 178 & 180
163
231
1158
kalam(-ma-ke4)
kaskal
KA/TIN.SILA3
ki
ki-ta
ki-li-ti-im-ba
ki-n-te-na
ksu
k/kug
k-babbar
ku4
ku4-dam-tuku
ku5-r s-sa
kr
l
lagarx
l
L.AB.BA
AGRIG
l-di-da.k
L
DUB.SAR.GI
L.GAL.ME
(L).GAR.KUR
l-gi-da-na-ab-tm
IN2
l-IGI.NIG
L
l-im-zu
l-kar
l-la-ga
L.ME.A.I.A
l.me asr
L.ME
GAL
l.me.gal.gal
L.ME
ma-as-s.ME
L.ME
SAG
L.ME
U.GI
L
SIPA.UDU
(L).SUKKAL
l-id
L GITUKUL
l-ugula-kalam-ma
l aa5.g/ sa10
l ng- sa10-am
ak
l ng- sa10-am k
l sa10.m k
l uku.(r) dab5-ba
(l) -rum
lugal
156, 660
214
166
230, 235
153 n. 75
214
392
173 n. 200
161, 171, 211
171, 405
195, 384
46
149, 173
209
402
145 n. 20
167, 197, 377,
378 n. 49
889
633, 639
152
641
888
568
216
148 n. 37, 148
n. 39
220
235
221
675 n. 39
698
628
659 n.12
739
628
630
633
569
517
633
660
167
165
165, 167
167
149, 149
n. 42
149, 149
n. 42
145, 145 n. 22,
146, 186, 219,
22930
lugal an-ub-da
limmu2ba
lugal ki-en-gi ki-uri
lugal urim2ki-ma
m-la5
ma-ma
marza
ma
ma-en-kak
m
mtuku
m-a--ga
m-bi-
m-gi-na
makim
M.ERIM..GAL
mu lugal
mup (pad)
mu-DU
munsub (am6-)ku5(.r)
MUNUSxKUR
MUNUS U NITA
na-se11
NAM
nam-bulug
(nam-dam-)
. . . tuku
nam-eme4-d
nam-en
nam-erim2
nam-ku5
nam-g- ba-ni-a5
nam-makim
nam-nam-en
nam-nin
NAM.RA
nam-e
nam-tar-ra
nam-urdu
nm-eda2
nm-.
nm-iri
nm-lagarx()
nm-s
nam-tab-ba
nm-umu
ng/g
ng--g
ng/g-ba
186
186
186
160 n. 125
229
196
149
230, 172, 377
213
213
206
405
404
150, 150 n. 54,
151, 151 n. 67,
154 n. 86, 184,
193 n. 49,
19394, 196
896
209
155 n. 93
233
165, 167
15859
680
231
488
205
150, 172 n. 192,
201, 212
158 n. 111
228
154, 154 n. 89,
194, 759 n. 34
229, 242
153
150, 151 n. 56
228
205
633
244
142
158 n. 108
145
145
145
145
145
411 n. 171
145
150
234
165, 167, 169
n. 172, 208
.BA.AA5
NG
ng-dam-tag4
ng (-)d-a
ng -diri.g
ng -du8
ng giri3-na
ng-gur11
.KI.G
AR.AA5
NG
ng -mussax/
ng/n-m(sal)-s-s
ng -mussax . . . ak
ng nam-makim
(ng )- sa10-am
.SA10.AA5
NG
.SI.S
NG
nig ir-si
nig ir sila.k
nin l.k
nin-TUR
NITA2xKUR
nu-banda(3)
nu-gig
re6
sa-gaz
sa10
sag
sag-rig7
sag ga/sanga
SAL
SAL.B
SAL R
SAL.LUGAL
SAL.NAR
si.(g)
si-s
sib-ta
SU.DU8.A
sukkal
sukkal-ma
sum
gi
surx
-dub
-ga-ni-dg
abra
abra .k
n. 99, 604,
n. 130, 679,
948 n. 148
171
204
161 n. 130, 203
165, 167
237
150
207
171
46, 161 n.130,
203, 232, 669,
708
161
150, 151 n. 56
16566, 235
171
566
162
167
164 n. 147
164
15859
156, 192, 194
664
172
220
165, 210, 211
n. 108, 508
153 n. 82, 158,
198
208, 397
14850, 153,
158 n. 108,
161, 191
584
145 n. 20
584
627
933
211
154, 154 n. 87
396
715
188
148, 188, 190,
218
211 n. 108,
233
234
149 n. 42
400
190
147
agina
m
M.TIL.LA
m-til-la-ni/bi-
. . . l
e gub-ba
e-ba
e-SAGxHA-mul
e-si.g
e-UxHA-mul
er7-da
e l.k
id
u-du8-a u . . . ti
u-du8-a-ni . . . de6
u-du8-a-ni/bi . . .
tm/re6
u.gi4.a
u-ku6 ab-ba.k
u-l
u . . . ti
-lugal-ke4-ne
uku
tag4
t-bi
ti.l
til
tg-ba
tg-r
tuku
TUKUL
ugu
ugula
1159
188, 190, 192
402, 403 n. 133
732
400, 5089
149
187 n. 18, 229
235
142
235
214, 219
164 n. 147
235
407
215
174
695
149
403
172, 212, 403, 684
148 n. 39
187, 217
204
667, 674 n. 37
195 n. 53
211
187 n. 18
195
161, 212
633
701
156, 187, 207,
229, 233, 660
ugula-
190
ugula iri
148
um-mi-a l g ar 167
UKKIN
918 n. 24
UN.L
198
17273, 173
ur5(-ra)
n. 200, 213,
403, 510
rdu.d
158
URU
642
233
uruki
uru-bar
231
217
uru4-e-d
231
ux
162, 162
zax(LAK 384)
n. 137, 164
188
zabar-dab5
z
158 n. 108
zi lugal
209
zz-da
220, 420
1160
Ugaritic
amht
ammatu
gt
mhr
mlg
skinu
726
727, 728
729
725
61
721, 723, 725, 738
'abdu
'rb b
'rbnm
rdt
unuu
724
733
733
726
722
1161
4
9:5
9:6
12
16
20
22
23
23:310
23:10
23:13
23:16
24:29
24:67
26
27
29:1528
29:1628
29:21
29:22
29:24
29:29
29:3133
30:5
30:8
30:13
30:1416
30:2743
31:1416
31:39
33:1820
34
35:22
37:3233
38
Gen. 38:1517
Gen. 38:1718
Gen. 38:24
Gen. 44
Gen. 48:1222
Exod. 2:14
Exod. 5
Exod. 18
Exod. 18:21
Exod. 19:15
Exod. 20:217
1030
1029
1029
1010
1014
1010
1013
38
1020
1020
1020
1020
1027
1008
1010
1013, 1018
1026
1007
1007
1008
1008
1008
876 n. 10
1014
1014
1014
1025
1026
1008
1026
1020
68, 1007, 1009
1013
1026
1007, 1011,
1034
1026
1022
1013
1025
1018
986
988
982, 986, 992
986
1002
975
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
Exod.
20:5
20:10
20:2223:19
2122
21:122
21:2
21:3
21:4
21:26
21:56
21:7
21:79
21:8
21:1011
21:12
21:13
21:14
21:15
21:16
21:17
21:18
21:1819
21:20
21:2021
21:2225
21:2627
21:28
21:2832
21:2930
21:2931
21:31
21:32
21:3334
21:356
21:37
22:12
22:2
22:3
22:23
22:45
22:67
22:68
22:8
22:910
22:12
22:1314
22:14
1014
1004, 1039
976
9
977
1005
1005
1005
44
1006
1006
1004, 1008
1034
1004
1029
1029, 1032
1031
77, 1012, 1042
977, 1037
77, 1012, 1042
1033
74, 82
1031
1004
80, 1033
1004, 1006
77, 1029, 1030
79
1030
78
1030
77, 1005
1038
1039
1037
1038
1003, 1028
82, 1037
82
82, 1038
996
1026
996, 1037
997
33, 996
1021, 1039
1025
1162
Exod. 22:16
Exod. 22:1516
Exod. 22:1617
Exod. 22:17
Exod. 22:18
Exod. 22:2122
Exod. 22:24
Exod. 22:25
Exod. 22:26
Exod. 22:27
Exod. 22:28
Exod. 22:2829
Exod. 23:1
Exod. 23:3
Exod. 23:4
Exod. 23:6
Exod. 23:78
Exod. 23:9
Exod. 23:11
Exod. 23:12
Exod. 24:7
Exod. 30:1314
Exod. 32
Lev. 1 Num. 11
Lev. 115
Lev. 5:110
Lev. 5:2026
Lev. 10:9
Lev. 14:4345
Lev. 1727
Lev. 18
Lev. 18:616
Lev. 18:1718
Lev. 18:18
Lev. 18:19
Lev. 18:20
Lev. 18:22
Lev. 18:23
Lev. 18:2430
Lev. 18:25
Lev. 18:28
Lev. 19:118
Lev. 19:34
Lev. 19:4
Lev. 19:58
Lev. 19:9
Lev. 19:910
Lev. 19:1112
Lev. 19:13
Lev. 19:14
Lev. 19:15
Lev. 19:16
Lev. 19:18
Lev. 19:2022
1014, 1035
82
1009
1040
1036
1002
1021
1022
1023
1022, 1041
1000
1035
995
998
1037
998
998
1002
1000, 1017
1004
990
1003
1041
976
977
994
1039
1000
990
977
1028, 1035, 1036
1036
1036
1009
1036
1034
1036
1036
1028
1034, 1035
1035
976
976
1041
976
1000
976, 1017
976
976, 1025
976, 1000
976, 998
976, 1040
976
1005, 1034
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
Lev.
19:2324
19:26
19:29
19:31
19:32
19:33
19:35
20
20:15
20:6
20:9
20:11
20:1112
20:13
20:14
20:1516
20:2021
21:7
21:9
21:1623
22:28
23:22
24:1023
24:16
24:18
24:1822
24:1920
25
25:24
25:56
25:6
25:67
25:813
25:816
25:10
25:11
25:1217
25:1922
25:23
25:2324
25:2354
25:25
25:28
25:2930
25:3134
25:3538
25:3940
25:4042
25:43
25:4446
25:4754
25:4755
25:5052
25:53
1017
1040
1013, 1028
1040
1000, 1041
1002
1038
1035
1030
1040
77, 1012
1034
1036, 1037
1036
1037
1036
1037
1000
1000
1000
1039
1000
979, 1040
1002
1029, 1039
1002
1033
1002, 1016
1017
1017
1017
1039
1024
16
1006
1017
1016
1017
1015
1016
16
1016
1016
1016
1016
1021
1004, 1024
1006
1004
1006
1002
1005
1023
1004
Lev. 26:1
Num. 19
Num. 1:23
Num. 1:18
Num. 1:22
Num. 4:3
Num. 5:8
Num. 5:910
Num. 5:1121
Num. 5:1131
Num. 5:31
Num. 8:24
Num. 9:612
Num. 10:8
Num. 11:1619
Num. 15:3236
Num. 18:810
Num. 18:21
Num. 18:23
Num. 18:24
Num. 18:2528
Num. 18:2531
Num. 25:45
Num. 26:5254
Num. 27:111
Num. 27:11
Num. 31:2528
Num. 33:54
Num. 35
Num. 35:15
Num. 35:1619
Num. 35:19
Num. 35:20
Num. 35:2021
Num. 35:22
Num. 35:2224
Num. 35:2527
Num. 35:28
Num. 35:2529
Num. 35:30
Num. 35:31
Num. 35:32
Num. 35:33
Num. 35:34
Num. 36
Num. 36:19
Num. 36:112
Deut. 1:15
Deut. 5:621
Deut. 5:14
Deut. 1226
Deut. 12:1719
Deut. 13:26
Deut. 13:212
1041
976, 1001
1003
1003
1003
1003
990, 1001
1001
997
990
1039
1003
979
989
988
979
1001
1001
1001
1001
1001
1001
989
1015
14, 979, 1019
1018
979
1015
1032
1001
1029
1031
1029
1029
1029
1030
1032
1032
1032
1033
1032
1032
1029, 1032
1028
979
1019
57
988
975
1004
976
1001
985
1041
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
13:1319
14:10
14:17
14:21
14:2729
14:2829
15:12
15:3
15:4
15:78
15:710
15:711
15:89
15:9
15:11
15:12
15:1315
15:16
15:18
16:18
16:19
16:21
17
17:15
17:111
17:6
17:7
17:811
17:913
17:12
17:1415
17:1420
17:16
17:17
17:1820
18:14
18:68
18:1519
18:20
19:23
19:5
19:6
19:89
19:11
19:1113
19:12
19:14
19:15
19:1620
19:1621
19:1819
20:57
20:58
20:8
1163
1041
1022
1000
1002
1001
1000
16
1002
1000
1021
1000
1021, 1023
1000
1023
1000
1005, 1006
1005
1006
1005
988, 992
998
1041
987
1041
987
995
995, 998
992
1041
77
981
981
981
981
982
1001
1001
985
985
1032
1030
1031
1032
1029
1032
989, 999, 1031
1038
995
990, 995, 997
81
1039
993
988
993
1164
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
20:1015
20:11
20:1214
20:1618
20:1920
2122
21:19
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
21:2
21:5
21:1014
21:1516
21:1517
21:17
21:18
21:1821
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
Deut.
21:1823
21:2223
22:13
22:4
22:67
22:8
22:10
22:1317
22:1319
22:1321
22:19
22:2021
22:22
22:2324
22:2325
22:2327
22:25
22:2526
22:2527
22:26
22:27
22:28
22:2829
22:29
23:1
23:1617
23:18
23:19
23:20
23:21
23:2526
24:13
24:14
24:5
24:6
24:7
24:8
1042
1004
1004
1042
1042
9
79, 988, 997,
1029
988
990
1004, 1009
1018
59, 1014
1018
998
50, 77, 989,
1014, 1042
1013
1028, 1029
1037
1039
1039
1033
1039
33
81
989, 996
1010, 1040
1013, 1034
1034
1034, 1035
35
80
1010 n. 43
1007
1035
1035
648
1035
80, 1009, 1014
1010
1012, 1036
1007
1041
1026
1021
1021
1038
1010
1011
993
1022
1037
990
Deut. 24:12
Deut. 24:1213
Deut. 24:15
Deut. 24:16
Deut. 24:17
Deut. 24:19
Deut. 24:2021
Deut. 25:2
Deut. 25:3
Deut. 25:4
Deut. 25:56
Deut. 25:510
Deut. 25:710
Deut. 25:910
Deut. 25:1112
Deut. 25:1316
Deut. 26:11
Deut. 26:12
Deut. 27:15
Deut. 27:1526
Deut. 27:16
Deut. 27:17
Deut. 27:18
Deut. 27:19
Deut. 27:20
Deut. 27:21
Deut. 27:2223
Deut. 27:24
Deut. 27:25
Deut. 29:9
Deut. 31:2428
Deut. 31:28
Josh. 2:1214
Josh. 2:16
Josh. 6:1725
Josh. 7:1626
Josh. 7:2023
Josh. 7:2425
Josh. 8:29
Josh. 8:32
Josh. 8:33
Josh. 8:3335
Josh. 9:121
Josh. 10:24
Josh. 1322
Josh. 20
Josh. 23:2
Josh. 24
Josh. 24:1
Judg. 1:1113
Judg. 1:1415
Judg. 4:45
Judg. 9:30
Judg. 11
1022
1022
1025
21, 1015
1002, 1022
1000
1000
987, 998
1028
1039
1011
58, 637
1012
989
74, 557, 1033
1038
1001, 1002
1001
1041
976
1012
1038
1000
1002
1012, 1036
1036
1036
1029, 1033
993, 1040
988
990
988
1027, 1042
1008
1042
994
996
1014, 1028
1028
990991
988
991
1027
989
1015
1032
988
991
988
1007
1008
987
986
983, 1013, 1015
Judg. 11:12
Judg. 14
Judg. 15:1
Judg. 17
Judg. 17:13
Judg. 17:712
Judg. 18:4
Judg. 19:24
Judg. 19:25
Judg. 19:28
Judg. 20:1214
Judg. 21
1 Sam. 1:18
1 Sam. 2:1316
1 Sam. 7:1517
1 Sam. 8:13
1 Sam. 8:12
1 Sam. 8:14
1 Sam. 10:911
1 Sam. 10:25
1 Sam. 12:34
1 Sam. 13:214
1 Sam. 14
1 Sam. 14:2446
1 Sam. 15:134
1 Sam. 18:1719
1 Sam. 18:25
1 Sam. 18:2527
1 Sam. 18:27
1 Sam. 19:5
1 Sam. 19:6
1 Sam. 19:1923
1 Sam. 20:3
1 Sam. 22:2
1 Sam. 24
1 Sam. 24:11
1 Sam. 24:2122
1 Sam. 25
1 Sam. 25:31
1 Sam. 26:911
1 Sam. 28:910
1
1
1
2
2
2
2
2
2
2
2
2
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
Sam.
30
30:225
30:235
3:14
3:27
3:30
4:512
4:1112
4:12
6:2122
7:9
8:1118
1015
1007
1008
1001
994
1025
1025
1009
1010
1010
1029
983
1009
1001
987
992, 993
986
1015
985
991
998
982
983, 1027
982
982
1007
1007
1026
1007
985
1027
985
1013
1023
983
983
1027
983
985
983
983, 991,
1040
14
979
983
1007
999
999
1029
1031
1028
983
10267
993
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
2
Sam. 8:15
Sam. 9:910
Sam. 12
Sam. 12:16
Sam. 12:910
Sam. 13:19
Sam. 14
Sam. 14:17
Sam. 14:20
Sam. 15:4
Sam. 15:6
Sam. 15:16
Sam. 16:14
Sam. 16:2122
Sam. 17:23
Sam. 19:2530
Sam. 19:27
Sam. 19:29
Sam. 20:1619
Sam. 21:110
Sam. 21:78
Sam. 24:24
Kgs. 2:5
Kgs. 2:17
Kgs. 2:1725
Kgs. 2:2835
Kgs. 2:3646
Kgs. 3:215
Kgs. 3:1628
Kgs. 4
Kgs. 5:13
Kgs. 9:16
Kgs. 10:26f.
Kgs. 11
Kgs. 16:24
Kgs. 20:78
Kgs. 20:39
Kgs. 20:3943
Kgs. 20:40
Kgs. 21:1016
Kgs. 21:1113
Kgs. 21:1116
Kgs. 21:13
Kgs. 22
Kgs. 22:26
Kgs. 3:27
Kgs. 4:1
Kgs. 4:17
Kgs. 4:8
Kgs. 6:2531
Kgs. 6:32
Kgs. 7:6
Kgs. 8:16
Kgs. 8:3
1165
983
1015
983
1037
985
1035
983, 1030
983
983
984
984
1013
1015
1013
1018
1015
983
983
992
1027
1027
1020
999
1013
1013
1031
1027
984
984
986
993
1008
981
981
1020
989
69
991, 1026
69
1041
994
984
995, 998
985
987
1028
1003
1023
871
991, 1027
989
1025
992, 1016
1016
1166
2 Kgs. 9:110
2 Kgs. 9:26
2 Kgs. 10:1
2 Kgs. 14:56
2 Kgs. 14:6
2 Kgs. 20:1
2 Kgs. 21:4
2 Kgs. 22
2 Kgs. 23:8
Isa. 1:1718
Isa. 1:23
Isa. 5:23
Isa. 8:3
Isa. 11:4
Isa. 32:1
Isa. 33:15
Isa. 38:1
Isa. 50:12
Isa. 50:8
Jer. 2:34
Jer. 3:1
Jer. 3:8
Jer. 3:19
Jer. 5:28
Jer. 7:9
Jer. 7:910
Jer. 14:1416
Jer. 15:1
Jer. 18:20
Jer. 21:1112
Jer. 22:23
Jer. 22:1317
Jer. 22:1516
Jer. 25:31
Jer. 26
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
Jer.
26:1012
26:16
26:1624
26:17
26:1719
26:1820
29:2
26:2025
32:615
32:7
32:8
32:9
32:911
32:10
32:11
32:1114
32:12
32:44
985
76, 1041
987
999
21, 1014
1018
990
991
986, 987 n. 24
995
987, 993, 995
993
875
984
984
993
1018
1010, 1023
995
1031
1011, 1029
1010
1015
993, 995
976
1031
985
986
986
984, 991, 995
984
984
984
994
7, 30, 986,
1040
987
986, 987
985
989
14
986
987
986
1020
1016
1016
1020
996
1020
1020
1020
1020
1020
Jer. 34:810
Jer. 34:10
Jer. 34:1216
Jer. 34:19
Jer. 51:23, 28, 57
Ezek. 16:6
Ezek. 16:40
Ezek. 17:2
Ezek. 17:12
Ezek. 18:6
Ezek. 22:27
Ezek. 22:30
Ezek. 22:38
Ezek. 23:6, 12, 23
Hos. 2:4
Hos. 4:1
Hos. 4:2
Hos. 5:11
Hos. 8:4
Hos. 12:3
Hos. 13:1011
Amos 2:12
Amos 2:7
Amos 2:8
Amos 5:11
Amos 5:12
Amos 8:5
Mic. 1:14
Mic. 3:19
Mic. 3:9
Mic. 3:11
Mic. 6:2
Mic. 6:16
Mic. 7:3
Zeph. 3:3
Zeph. 3:34
Zeph. 3:5
Ps. 2
Ps. 2:7
Ps. 15:5
Ps. 19:6
Ps. 50:7, 1819
Ps. 81:910
Ps. 82
Ps. 109:1112
Ps. 148:11
Prov. 3:2728
Prov. 6:13
Prov. 6:3235
Prov. 6:3435
Prov. 11:15
Prov. 15:20
Prov. 16:10
Prov. 17:18
16
987
1024
987
868
1015
1034
987
987
1036
987
986
985
868
875
994
976
998
984
994
984
1028
1036
1022
1021
995
1038
1008
989
986
989
994
984
986
987
986
995
1015
1015
993
1008
976
976
998
1022
986
1021
1025
80
1034
1025
1013
984
1025
Prov. 17:23
Prov. 18:17
Prov. 20:16
Prov. 22:267
Prov. 29:24
Eccl. 4:1
Ruth 4
Ruth 4:1
Ruth 4:7
Ruth 4:9
Dan. 3:23
Dan. 6:9
Ezra 4:823
Ezra 6:612
Neh. 2:16
Neh. 4:8, 13
Neh. 5:15
993
995
1025
1025
994
998
1017 n. 55
1020
1020
1020
868
20
865
865
868
868
1023
Neh. 5:5
Neh. 5:613
Neh. 5:7
Neh. 7:5
Neh. 8
1 Chron. 23:4
1 Chron. 23:27
1 Chron. 27:23
2 Chron. 19:511
2 Chron. 19:8
2 Chron. 19:1011
2 Chron. 19:11
2 Chron. 25:4
2 Chron. 25:5
2 Chron. 26:1620
2 Chron. 29:20
2 Chron. 34:8
1167
1003
1024
868
868
991
988, 1003
1003
1003
988, 992
989, 990
992
984, 990
21
1003
990
987
986
Cuneiform
A 310
A 2014
A 2527
AASOR 10
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AASOR 16
AbB 1 129
AbB 2 19
AbB 2 45
AbB 2 106
AbB 2 154
AbB 3 1
AbB 3 52
AbB 4 16
AbB 4 69
AbB 4 118
AbB 7 153
AbB 8 81
AbB 8 102
AbB 9 197
AbB 9 268
21
114
8
23
29
30
42
43
51
60
67
71
72
74
95
900 n. 103
891 n. 44
895 n. 61,
895 n. 65
60
569, 573 n. 21
605
589 n. 77
610 n. 147
589 n. 77
589 n. 77
578
7
610 n. 148
610 n. 149
577, 577 n. 41
612 n. 159
576 n. 34
606
382 n. 58
370
365
368, 370 n. 31
406 n. 145
364, 377
380
364
365
380
16, 369
405
375 n. 45
414
370
AbB
AbB
AbB
AbB
AbB
AbB
AbB
AbB
ABL
ABL
10 19
11 7
11 60
11 158
11 159
13 8
13 10
13 12
37
129
ABL
ABL
ABL
ABL
ABL
150
179
201
301
339
ABL
ABL
ABL
ABL
ABL
ABL
334
414
429
442
521
539
ABL
ABL
ABL
ABL
ABL
ABL
ABL
ABL
556
571
577
736
774
918
998
1008
366, 372 n. 38
368, 372 n. 38
383 n. 61
370
368
365
367
367
890 n. 40
1055 n. 33,
1063 n. 84
888 n. 25
900 n. 96
893 n. 52
1061 n. 72
905 n. 137,
905 n. 138
967
888 n. 27
905 n. 137
889 n. 34
1054 n. 26
1054 n. 26,
1058 n. 42,
1058 n. 45,
1058 n. 49
1062 n. 80
1061 n. 72
888 n. 25
967
967
1059 n. 61
1058 n. 47
1055 n. 33
1168
ABL 1091
ABL 1372
ABL 1380
ABL 1385
ABL 1454
ABW = FAOS 5
ABW Ean. 1
ABW Ent. 2
ABW Ent. 4573
ABW Lukin. v.
Uruk 2
ABW Lukin. v.
Uruk 4
ABW Luzag. 2
ABW Mes. v. Ki
Adana 237E
ADD 321
ADD 160
ADD 161
ADD 164
ADD 321
ADD 525
ADD 618
ADD 619
ADD 779
ADD 880
AfO 17 1
AfO 17 2
AfO 20 122
AfO 20 123b
AfO 42/43 4853
no. 2
AKL 1 74
AKT 1 9
AKT 1 11
AKT 1 34
AKT 1 45
AKT 1 74
AKT 1 76
AKT 1 77
AKT
AKT
AKT
AKT
2
3
3
3
21
35
36
37
AKT
AKT
AKT
AKT
3
3
3
3
73
80
83
94
1054 n. 27
906 n. 139
1053 n. 23
1063 n. 85
1063 n. 84
241 n. 1
241 n. 3
244 n. 21
241 n. 5
241 n. 5
241 n. 4
243 n. 12
470
68
905 n. 135
905 n. 135
905 n. 135
905 n. 135,
905 n. 136
902 n. 116
905 n. 135
900 n. 102
900 n. 101
906 n. 140
915 n. 13
965
527, 543
533
943
447
473
458
472
469
444
450
452
453
450
452
452
447
446
446
439
440
438
451
470
441
458
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
126
86
220
140
212
194
56
101,
112, 453,
116
101, 452,
108,
111
80
76
76
31,
32
24
107
n. 40, 458,
n. 140
Alp, Hethitische
Briefe . . ., no. 31
Alster, The
Instructions, 11 ii
AnOr 8 14
AnOr 8 27
AnOr 8 39
AO 5:8 (Emar)
AO 5:9
AO 5:11
AO 5:12
AO 5:13
AO 5:14
AO 5:15
AO 5:17
AO 20.154 (Louvre)
AO 2221
AO 7050
AO 27621
AOAT 203 158159
no. 1
ARET II 27
ARET II 27a
ARET III 377
ARET III 460+
ARET VII 150
ARET VII 151
ARET VII 152
ARET VII 153
ARET VII 154
ARET VII 155
ARET VII 156
ARET IX 104
ARET XIII 5
ARET XIII 7
ARET XIII 8
ARET XIII 11
ARET XIII 12
ARET XIII 14
ARM 8 1
ARM 8 50
ARM 8 71
ARM 26/1 249
ARM 26/1 250
ARM 26/1 252
ARM 26/1 253
ARM 26/1 254
ARM 26/1 256
ARM 26/1 488
ARM 26/1 513
ARM 26/2 404
ARM 28 20
ARN 163
650 n. 101
174 n. 207
936, 938
963
963
661, 677
683
665, 667
665, 666
680 n. 54
668, 673,
674
680, 682
60, 678, 679,
679 n. 50
530 n. 47
897 n. 79
450 n. 101
142 n. 6
925
233
234
234 n. 35
234
228
233 n. 30
233 n. 30
233 n. 30
234, 234 n. 35
234 n. 35
234 n. 35
228
236
230, 234, 235
235
229
230, 237
237
393 n. 94
404
408 n. 153
375, 376
375
375
375
375, 376
376
418 n. 196
537 n. 74
748
423 n. 211
367, 370
AS = Edict of
Ammi-aduqa
AS 3
AS 5
AS 6
AS 7
AS 8
AS 9
AS 15
AS 2021
AS 20
AS 21
AT 16
ASJ 6:6575
ASJ 10:A
ASJ 10:C
ASJ 10:E
ASJ 12:6
ASJ 12:7
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
12:11
13:A
13:17
13:18
13:19
13:20
13:15
13:22
13:23
ASJ 13:24
ASJ 13:25
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
ASJ
13:26
13:30
13:31
13:33
13:34
13:35
13:36
13:37
14:43
14:44
ASJ 14:45
ASJ 14:46
Assur
Assur
Assur
Assur
Assur
3 no. 1
3 no. 2
3 no. 5
12
27
6, 362
376, 407
376
376
81, 378 n. 49,
419, 421
407
376, 407
378
420
376, 385, 407
382
672 n. 33
661
686
676
664 n. 24, 665
682
659, 660 n. 13,
675, 688
662, 682, 686
687
667
665, 667
679
679
681
681
676, 678, 680,
681, 682
671, 671 n. 30,
679, 681
678, 680,
680 n. 54
680 n. 54, 681
679, 681
679
684, 685
684, 685 n. 74
686
664 n. 24, 665
664, 664 n. 24
660 n. 14, 662
659, 660, 661,
662
669
663, 664, 665,
666, 668, 669,
675 n. 38
555
551
532, 533
897 n. 79
900 n. 97
1169
Assur 10017
527 n. 36
AT = Wiseman Alalakh
AT 1
694
AT 2
703, 704, 705
n. 28, 705 n. 29,
707, 707 n. 34,
716
AT 3
703, 704, 705
n. 29, 708, 753
n. 2, 759 n. 33
AT 4
753 n. 2
AT 6
694, 696, 699, 700,
701 n. 20
AT 7
694, 697, 699,
699 n. 16
AT 8
694, 695, 696,
697, 698, 702
AT 9
694, 695, 696, 699
AT 10
696
AT 11
697, 699, 700
AT 13
703, 706
AT 14
703
AT 15
707
AT 16
710, 711, 712
AT 17
705, 708, 709,
711, 716
AT 20
702
AT 23
698, 702
AT 27
701
AT 28
69
AT 29
702
AT 30
702
AT 31
702
AT 32
698, 760 n. 39
AT 33
701
AT 34
701
AT 35
701
AT 36
701
AT 38
698, 702
AT 39
701
AT 40
701
AT 42
702
AT 45
701
AT 46
714
AT 47
708 n. 35, 714,
AT 48
707, 714, 716
AT 49
708 n. 35, 711,
714
AT 50
714
AT 52
697
AT 54
697, 700
AT 55
697
AT 56
696
AT 57
697, 699
AT 58
696, 697 n. 10
1170
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
AT
60
65
66
67
69
70
71
72
73
75
79
81
82
83
84
85
86
87
700
698, 699, 702
708
713
705, 707, 708
713, 715 n. 52
708, 712
712, 713
712
712
695
713
708 n. 35, 715
715
715
715
701
60, 710, 711, 712,
713
AT 88
711, 713
AT 89
707, 708 n. 35
AT 90
716
AT 91
707, 709, 710, 711
AT 92
709, 710, 711, 712
AT 93
708, 710
AT 94
709, 710, 712
AT 95
694, 699, 699
n. 15, 701 n. 20
AT 96
697, 700, 701
AT 98c
695
AT 98f
696
AT 101
703, 708
AT 116
705
AT 119
702
AT 228
715
AT 243
698
AT 247
698
AT 253
698
AT 271
695
AT 300308
713
AT 319
701
AT 322
695, 701
AT 344
708 n. 35, 714,
715 n. 52
AT 455
694, 697, 699
AT 456
694, 695696
AUCT 2 138
214
Aynard and Durand,
Documents . . .
See also under Assur 3
Aynard and Durand,
Documents . . .
no. 3
524 n. 17
BBSt 6
BBSt 9
BBSt 10
BBSt 24
BBVOT 1 23
BCT 1 139
BE 1/1 83
532 n. 55
526 n. 28
526 n. 28
532 n. 56
533 n. 57
451 n. 104
442 n. 44
948
947
949
168 n. 166
465 n. 173
462
489
490
492
495
495
496
506
508
490
490
493
496
507
515
918
918
490
490
373
216
492
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
153
17,
26,
40,
54,
56,
64,
107,
113
22,
25,
47
64,
111,
156,
n. 22,
n. 23
n. 40
BE 3/1 1
BE 3/1 8
BE
BE
BE
BE
BE
3/1
6/1
6/1
6/1
6/1
13
84
91
97
103
BE
BE
BE
BE
BE
BE
BE
6/2
6/2
6/2
6/2
6/2
6/2
6/2
8
28
32
39
40
49
58
BE 8 47
BE
BE
BE
BE
BE
BE
BE
8 106
9 24
9 55
9 66a
9 69
10 1
14 48
BE 14 58
BE
BE
BE
BE
14
14
14
14
65
111
115
119
BE 14 126
BE 15 19
BE 15 66
BE 15 81
BE 15 112
BE 15 159
BE 15 179
Beckman, Hittite
Diplomatic Texts,
no. 1
Beckman, Hittite
Diplomatic Texts,
no. 1A
Beckman, Hittite
Diplomatic Texts,
no. 2
200, 216,
219
202 n. 73,
208
214
398
411
411
370, 383,
403
384
384 n. 65
395
402
385
373 n. 41
367 n. 22,
373
956
n. 189
932
963
931 n. 83
931 n. 79
963
954 n. 183
513 n. 147,
514 n. 150
503 n. 96,
503 n. 97
513 n. 148
511 n. 127
511 n. 127
513 n. 141,
513 n. 143,
513 n. 146
503 n. 96
513 n. 148
513 n. 148
513 n. 148
513 n. 148
513 n. 148
513 n. 148
1171
764 n. 56,
767 n. 75
Beckman, Hittite
Diplomatic Texts,
no. 3
Beckman, Hittite
Diplomatic Texts,
no. 6A
Beckman, Hittite
Diplomatic Texts,
no. 8
Beckman, Hittite
Diplomatic Texts,
no. 10
Beckman, Hittite
Diplomatic Texts,
no. 11
Beckman, Hittite
Diplomatic Texts,
no. 13
Beckman, Hittite
Diplomatic Texts,
no. 14
Beckman, Hittite
Diplomatic Texts,
no. 15
Beckman, Hittite
Diplomatic Texts,
no. 17
Beckman, Hittite
Diplomatic Texts,
no. 18A-C
Beckman, Hittite
Diplomatic Texts,
no. 18A-B
Beckman, Hittite
Diplomatic Texts,
no. 18A
Beckman, Hittite
Diplomatic Texts,
no. 18B
Beckman, Hittite
Diplomatic Texts,
no. 18C
767 n. 77
763 n. 50
Beckman, Hittite
Diplomatic Texts,
no. 22E
762 n. 46,
763 n. 48,
Beckman, Hittite
Diplomatic Texts,
no. 22F
763 n. 48
768 n. 87
762 n. 44
764 n. 56
763 n. 54
763 n. 54
756 n. 22
760 n. 36
758 n. 28
756 n. 22
762 n. 45
753 n. 5
762 n. 46,
763 n. 53
762 n. 46,
763 n. 53
761 n. 40,
768 n. 88
766 n. 69
1172
Beckman, Hittite
Diplomatic Texts,
no. 23
Beckman, Hittite
Diplomatic Texts,
no. 24A
Beckman, Hittite
Diplomatic Texts,
no. 24B
Beckman, Hittite
Diplomatic Texts,
no. 28A
Beckman, Hittite
Diplomatic Texts,
no. 29
Beckman, Hittite
Diplomatic Texts,
no. 30
Beckman, Hittite
Diplomatic Texts,
no. 31A
Beckman, Hittite
Diplomatic Texts,
no. 31B
Beckman, Hittite
Diplomatic Texts,
nos. 205206
BIN 1 113
BIN 1 120
BIN 2 75
BIN 2 134
BIN 2 135
BIN 4 4
BIN 4 65
BIN 4 70
BIN 6 2
BIN 6 29
BIN
BIN
BIN
BIN
BIN
BIN
BIN
BIN
BIN
BIN
BIN
6
6
6
6
6
6
6
6
6
7
8
69
97
104
181
218
219
222
238
263
10
121
BIN 8 125
BIN 8 144
753
759
762
767
767
767
768
n.
n.
n.
n.
n.
n.
n.
4,
31,
43,
75,
76,
81,
84
755 n. 21
766 n. 66
753 n. 5
754 n. 6
BIN 8 347
BIN 8 363
BIN 9 438
BM 17604
BM 31425 +
BM 36799
BM 33795
BM 35508 +
BM 38259
BM 42348
BM 42470
BM 46618
BM 59721
BM 61737
BM 64153
BM 64195 +
BM 36799
BM 77425
BM 78543
BM 94589
762 n. 47
762 n. 47
762 n. 45
761 n. 42
962
962 n. 225
392, 393 n. 93
921, 922
948
468, 471 n. 206
462 n. 154
444 n. 62
458, 458 n. 137
446 n. 76,
473 n. 218
443 n. 49
446 n. 70
451
475 n. 224
474
473 n. 220
459
471 n. 206
469
74
150 n. 52
BM 122698
BM 123360
BM 132980
Borger BAL I 24
Borger Esarh. 40
Borger Esarh.
103104
Borger Esarh. 103
BR 6 4
BR 6 29
BR 6 30
BR 6 93106
BR 6 107111
BR 8/7 1
BR 8/7 37
BR 8/7 81
BRL 1 10
BRL 2 16
BRM 1 98
BRM 2 5
BRM 2 6
BRM 2 31
BRM 2 56
BT 140
Camb. 143
Camb. 334
Camb. 349
CBS 727
CBS 7241
CBS 12917
172
175
175
148
159
208
611
935
933
926
939
949
927
935
933
937
964
n.
n.
n.
n.
n.
192
214,
215
39
118
n. 155
n. 58,
n. 62, 935
n. 104
n. 232
935
924, 925, 936
937, 938 n. 106
929, 929 n. 72,
930, 937 n. 105
900 n. 97
905 n. 135
1061 n. 73
486 n. 3
1054 n. 26
1058 n. 53
1060 n. 69
938 n. 106
954
954
953
951 n. 161
938
913 n. 9
953
936
936 n. 102
958 n. 205
948
948
917 n. 23
917 n. 22
905 n. 135
929
929
948
410
498 n. 75
496 n. 65,
499 n. 80,
CCT
CCT
CCT
CCT
CCT
CCT
CCT
CCT
CCT
CCT
CCT
2
3
3
3
3
4
4
4
5
5
5
8
11
12
29
45a
7c
16a
43a
7a
8a
8b
CCT 5 11a
CCT 5 14b
CCT 5 16a
CCT 5 18a
CCT 5 21a
CCT 5 43a
CCT 6 13b
CM 12 4551
CM 20 166
CT 2 22
CT 2 32
CT 2 37
CT 2 43
CT 2 47
CT 4 6a
CT 4 42a
CT 4 47a
CT 6 34b
CT 6 37a
CT 6 38a
CT 8 3a
CT 8 6b
CT 8 7b
CT 8 12b
CT 8 22b
CT 8 24
CT 8 34b
CT 8 43a
CT 22 105
CT 22 230
CT
CT
CT
CT
CT
29
35
43
45
45
4243
13
60
18
37
CT 45 86
CT 45 119
501 n. 86,
509 n. 118
467 n. 186
442 n. 45
471
474 n. 221
467 n. 185
438 n. 26
467 n. 185
446 n. 70
443 n. 49
471 n. 207
443 n. 49,
459 n. 142
458 n. 140
446, 446 n. 71,
446 n. 76
450 n. 101,
453 n. 116
445 n. 66
458 n. 140
453 n. 115
445 n. 65
949 n. 150
924, 925
371
412
401
370
373
412
392
375, 408 n. 153
370 n. 31, 411
381
399
396
371, 420
387 n. 74
373, 373 n. 40
390
397
399
371
918
963, 963 n. 226,
967
372, 376
886 n. 17
515 n. 154
372 n. 35, 423
382 n. 58,
407 n. 149
366, 388 n. 82
390
CT 46 45
CT 47 3
CT 47 63
CT
CT
CT
CT
CT
CT
CT
CT
CT
CT
CT
CT
CT
CT
CT
47
48
48
48
48
49
49
49
49
51
53
53
53
53
54
83
22
48
50
53
131
137
169
178
65
72
97
173
869
10
CT 54 212
CT 55 126
CTMMA 1 84
CTMMA 1 84a
CTMMA 1 102
CTMMA 3 102
CTMMA 3 47
CTMMA 3 53
CTN 2 1
CTN 2 15
CTN 2 44
CTN 2 92
CTN 2 95
CTN 2 247
CTN 3 70
Cyr. 128
Cyr. 168
Cyr. 223
Cyr. 312
Cyr. 329
Cyr. 332
Dalley 1
Dalley 5
Dalley 6
Dalley 69
Dar. 53
Dar. 379
Dar. 509
David and Ebeling
ARU no. 1
1173
965, 965 n. 235
423 n. 212
371, 374,
423 n. 212
397
387 n. 74
390
397
382 n. 59
949 n. 151
946
949 n. 151
946
946
887 n. 20
898 n. 87
887 n. 22
1062 n. 79
886 n. 16,
1047 n. 1
885 n. 11
941
439 n. 30
471 n. 205
439 n. 30
936
929 n. 73
936
895 n. 61
69 n. 46
898 n. 82
905 n. 135
905 n. 135
895 n. 65,
896 n. 68,
896 n. 71
891 n. 44
919
942 n. 123
950 n. 155
928, 929
963
941, 965
673 n. 34
664, 684 n. 72,
687
677 n. 45, 681
919 n. 31,
941 n. 118,
941 n. 120
924, 966
939, 960 n. 217
932 n. 84
532 n. 52
1174
David and Ebeling
ARU no. 7
David and Ebeling
ARU no. 9
David and Ebeling
ARU no. 16
David and Ebeling
ARU no. 78
David and Ebeling
ARU no. 81
David and Ebeling
ARU nos. 8493
Donbaz and Foster,
Sargonic Texts . . .,
no. 59
Donbaz and Foster,
Sargonic Texts . . .,
no. 155
Donbaz, Sadberk
Hanim no. 28
D-K 2
D-K 8
DM 1, 249261
DP 75
DP 113
DP 121
DT 1
Edzard, Tel-ed-Der
134
EA 2
EA 4
EA 7
EA 8
EA 9
EA 15
EA 16
EA
EA
EA
EA
20
21
23
24
EA
EA
EA
EA
EA
EA
26
28
29
3132
74
75
532 n. 52
546 n. 99
549
523 n. 15
523 n. 15
523 n. 14
149 n. 45
158 n. 107,
169 n. 175
473
497
500
500
515
678
162
149
149
885
n.
n.
n.
n.
69,
81,
83
157
n.
n.
n.
n.
140
42
40
11
403 n. 134
767 n. 79
768 n. 86
767 n. 73,
767 n. 78
78, 516,
767 n. 79,
768 n. 84
755 n. 21
522 n. 10
522 n. 10,
759 n. 32
767 n. 80
766 n. 71
767 n. 72
753 n. 4,
766 n. 71,
768 n. 88
767 n. 76
767 n. 80
767 n. 80
763 n. 61
741, 742
741
EA
EA
EA
EA
EA
EA
EA
81
85
89
99
102
108
109
741
742
740
741
741
741, 741 n. 9
741, 741 n. 9,
742
EA 112
742
EA 114
742
EA 116
739, 741
EA 117
739, 741
EA 118
739, 741
EA 119
741
EA 120
741
EA 138
741
EA 162
739, 740, 743
EA 252
740
EA 261
740
EA 270
742
EA 286
749
EA 289
740
EA 292
741, 742
EA 297
742
EA 365
739
EA 367
743 n. 12
Edict of Ammi-aduqa
See under AS
Edict of Irikagina
6, 15, 28
Edict of Samsu-iluna 6, 362, 407
Edict of Telipinu
6, 13 nn. 10, 15,
28, 619
Edict of Telipinu
sec. 28
625
Edict of Telipinu
sec. 29
625
Edict of Telipinu
sec. 30
62526
Edict of Telipinu
sec. 31
625
Edict of Telipinu
sec. 49
630, 644
Edict of Telipinu
sec. 50
647, 651
Edict of
Tudaliyah IV
7, 16
Edict X
6, 362
Eidem and Lsse,
Shemshara
Archives, nos. 14 747 n. 10
Ekalte 1
660
Ekalte 2
660, 687
Ekalte 3
660
Ekalte 7
684 n. 69
Ekalte 11
Ekalte 18
Ekalte 19
Ekalte 21
Ekalte 23
Ekalte 24
Ekalte 28
Ekalte 29
Ekalte 31
Ekalte 36
Ekalte 38
Ekalte 50
Ekalte 62
Ekalte 65
Ekalte 66
Ekalte 68
Ekalte 69
Ekalte 73
Ekalte 75
Ekalte 80
Ekalte 94
EL 1223
EL 16
EL 1
EL
EL
EL
EL
EL
EL
EL
2
3
4
5
6
7
8
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
14
15
24
86
87
91
92
96
110135
112
136
139
140
179
185
188
191
215
226
238341
238
683 n. 66
682
681
678
665
664
664 n. 24, 667
684
687
678, 678 n. 48
672 n. 33, 674
684 n. 69
684 n. 69
680 n. 54, 681
665, 669
685, 687
684
683 n. 66
674, 681, 682
683 n. 66
678
433 n. 8
450 n. 101
450 n. 101,
452 n. 112, 453
453, 469 n. 192
455
454, 455 n. 125
454
455 n. 125
456, 456 n. 130
455, 456,
456 n. 131
469 n. 194
469
469 n. 193
469 n. 192
472 n. 212
469 n. 193
469, 469 n. 194
476
474 n. 222
474
474
474
474
469 n. 191
472 n. 212
470
467
470 n. 199
471 n. 206
432 n. 6
441, 471 n. 203
EL 241
EL 242
EL 243
EL 244
EL 245
EL 246
EL 250
EL 251
EL 252
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
253
254
256
263
265
268
269
27172
273
274
275277
275
276
EL
EL
EL
EL
277
278
279
281
EL 282
EL 283
EL 284
EL
EL
EL
EL
EL
285
286
287
292
293
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
EL
298
301
303
306
308
310
316
319
320
321
325326
1175
442
444 n. 59
441, 444 n. 54,
446 n. 75
439, 444 n. 54,
458 n. 137
444 n. 53
476 n. 230
444 n. 56,
447 n. 80
441
444 n. 58,
469 n. 196
439
470
445 n. 64
442 n. 43
441
442 n. 46
445 n. 64
445 n. 64
446
447
446
441, 451,
454, 454 n. 123,
455 n. 125
447 n. 83
441, 446
446
444 n. 66, 446,
447, 447 n. 80
440, 447
439
446 n. 71,
446 n. 76
445
444 n. 60
452, 458, 459
441, 469 n. 191
444 n. 53,
444 n. 55,
445 n. 67
467
441
441 n. 40
470, 471 n. 203
471 n. 204
458 n. 140
443 n. 52
447, 447 n. 80,
440 n. 35
471 n. 205
443 n. 48
1176
EL 325
EL 325a
EL 326
EL 327
EL 332
EL 334
EL 33540
EL 335
EL 338
ELTS 113
ELTS 1
ELTS 3
ELTS 8
ELTS 10
ELTS 11
ELTS 12
ELTS 1415
ELTS 14
ELTS 15
ELTS 16a-j
ELTS 17
ELTS 19
ELTS 21
ELTS 2223
ELTS 22
ELTS 23
ELTS 25
ELTS 3233
ELTS 32
ELTS 32a
ELTS 3438
ELTS 40
Emar 1
Emar 5
Emar 7
Emar 15
Emar 16
Emar 17
Emar 18
Emar 19
Emar
Emar
Emar
Emar
Emar
20
21
2329
23
24
Emar 25
Emar 28
439, 443 n. 49
443 n. 49,
447 n. 83,
471 n. 206
439 n. 30,
471 n. 206
432 n. 4,
440 n. 32, 447
441, 444 n. 58
446
474 n. 221
442 n. 43
440 n. 35
143
163
163
163
143
143
143, 170 n. 176
163, 167
164 n. 146
164 n. 148
144
144
143
143 n. 15, 168
163, 168
166 n. 162
166 n. 162
166 n. 162
168
163
164, 164 n. 146
144
147 n. 33, 171
659
673 n. 34
665
681
671, 686
659, 675 n. 38,
688
659, 665, 666
661, 662, 663,
665
686
666
658
664 n. 22
664 n. 22, 684,
685
664 n. 22
661, 662
Emar 29
Emar 30
Emar 31
Emar 32
Emar
Emar
Emar
Emar
Emar
Emar
Emar
Emar
33
61
69
75
76
77
82
83
Emar
Emar
Emar
Emar
87
88
90
91
Emar 93
Emar
Emar
Emar
Emar
109
111
116
117
Emar
Emar
Emar
Emar
118
119
120
121
Emar
Emar
Emar
Emar
Emar
Emar
Emar
123
124
127
128
139
144
156
Emar 176
Emar 177
Emar 180
Emar 181
Emar
Emar
Emar
Emar
182
185
186
201
668
669, 672, 673,
673 n. 34, 675,
676, 681 n. 58
660, 676, 679,
681
672, 673 n. 34,
680, 681 n. 58
661, 662
663
668
660, 684, 685
683 n. 64
685, 686
683 n. 63
664 n. 24, 665,
667
685
685
660
665 n. 25, 672,
673, 677,
678 n. 49, 681
672, 677,
678 n. 48
683 n. 66
682
687
663, 669 n. 29,
685
665, 667
684
684, 686
663, 664 n. 24,
665, 667
683 n. 63
670, 671, 688
661, 685
680
660
688
681, 683 n. 63,
684
671, 673, 674,
678, 681
660, 666, 667,
677
677
660, 673, 679,
680, 681
661, 677
672, 680, 681
677, 678 n. 49
658, 660, 661, 678
Emar
Emar
Emar
Emar
202
205
209
211
Emar 212
Emar 213
Emar
Emar
Emar
Emar
Emar
Emar
Emar
Emar
Emar
EN
EN
EN
EN
EN
EN
EN
EN
214
215
216
217220
217
224
252
256
257
9/1
9/1
9/1
9/1
9/1
9/1
9/1
9/1
140
181
265
373
403
405
417
426
EN 9/1 430
EN 9/1 432
EN 9/1 437
EN 9/1 448
EN 9/1 498
EN 9/2 152
EN 9/2 326
EN 9/2 348
EN 9/3 465
EV 084
Fales 66
Fales 67
FAOS 5/1
see also ABW
FAOS 5/1
Ean. 1
FAOS 5/1
Ent. 28
FAOS 5/1
Ent. 29
FAOS 5/1
Ent. 79
FAOS 5/1
Ukg. 13
FAOS 5/1
Ukg. 1
173 n. 200
173 n. 200
173 n. 200
142 n. 5
142 n. 6
143 n. 10
FAOS 5/1
Ukg. 45
FAOS 5/1 Ukg. 4
FAOS 5/1 Ukg. 5
FAOS 5/1 Ukg. 6
1177
142
143
143
149
143
143
149
142
143
148
157
160
162
166
146
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
6
9,
10,
46
9,
10,
46
6,
10,
36,
105,
127,
141,
157
23
146 n. 24
158
149
149
149
149
149
149
149
149
149
149
149
149
149
149
149
158
149
154
156
153
153
153
150
151
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
108
40
40
40
40
40
40
40
40
40
40
41
40
40
40
40
107
40
83
99
75
76
77
53
68
550 n. 122
217
218
158 n. 107
172 n. 188
1178
Foster, Business
Documents . . .,
no. 3
Foster, Business
Documents . . .,
no. 7
Foster, Business
Documents . . .,
no. 8
Foster, Ethnicety . . ., no. 9
Foster, Notes . . .,
no. 11
Foster, Umma . . .
pl. 6 no. 18
Gadd 12
Gadd 28
Gadd 29
Gadd 31
Gadd 51
Gadd 63
Garelli, Tablettes . . ., II n. 23
Garelli, Tablettes . . .III, 124
no. 6
Garelli, Tablettes . . .III, 135
GCCI 1 380
Gelb, Old Akkadian . . .,
no. 1
Gelb, Old Akkadian . . .,
no. 2
Gelb, Old Akkadian . . .,
no. 6
Gelb, Old Akkadian . . .,
no. 32
Grand document
juridique, A+B
Grand document
juridique, A-C
Grand document
juridique, F
Grand document
juridique, G
Grand document
juridique, I+J
Grand document
juridique, K
160 n. 125
153 n. 81
148 n. 39
151 n. 57
151 n. 56
147 n. 35
578, 592593
614
576 n. 35
591 n. 90,
591 n. 92
589 n. 79
581 n. 50
474 n. 221
441 n. 40
458 n. 139
967
166 n. 156
166 n. 156
148 n. 39
173 n. 196
163 n. 142,
164 n. 145
174 n. 206
163 n. 142,
170 n. 178,
170 n. 182
173 n. 200,
174 n. 206
162
170
170
175
n.
n.
n.
n.
139,
178,
182,
216
Grand document
juridique, M
Grand document
juridique, N
Grand document
juridique, P+Q+R
Grand document
juridique, V
Grand document
juridique, W-CC
Grayson, Chronicles
no. 21
Greengus Ischali 25
Gudea Stat. B vii
Hagenbuchner 23
Harem Edicts
Harem Edict 1
Harem Edict 5
Harem Edict 10
Harem Edict 11
Harem Edict 18
Harem Edict 19
Harem Edict 21
Hecker, Rechtlos . . . no. 2
Hecker, Rechtlos . . . no. 4
Hecker, ber
den Euphrat . . .,
nos. 13
Hecker, ber
den Euphrat . . .,
no. 3
Hecker, ber
den Euphrat . . .,
no. 6
Hittite Instructions
(BL MADGALTI )
iii 914
iii 3132
HL = Hittite Laws
HL III
HL IV
HL IX
HL XII
HL XXII
HL XXXV
HL XXXVI
HL XXXVII
HL XXXIX
HL XXXIXa
160 n. 126,
173 n. 197,
173 n. 203
163 n. 142
172 n. 191
163 n. 142
163 n. 142
163 n. 142
1049 n. 11
388 n. 82
143, 165
661
7, 28
534
532, 554
560
560
559
535
535
477 n. 232
477 n. 232
464 n. 165
464 n. 165
464 n. 167
14
31 n. 24
9, 10, 68
645
72, 646
641
652 n. 108
635
630
638, 639
638
638
639
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
14
1
2
3
4
5
6
78
7
9
10
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
1112
1314
1516
17
18
1921
19a24
2224
26a
26b
25
27
28
HL 29
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
30
31
32a
33
34
35
36
37
38
39
40
41
4344
43
44a
44b
46
47
47a
47b
48
50
51
5456
55
56
5770
636, 643
644, 645
644, 645
645
645
645
630, 646
649
643
649, 649 n. 98
74 n. 53, 82,
641, 649
649
649
649
80, 649
80, 649
634, 650
636
634
636
636
630, 650
635, 640
65, 634, 635, 637,
647, 652
65, 635, 637, 641,
642
635
637
636, 637
637
632, 634
634
634, 637
637, 647
647
638
634, 638
633, 638
623
620, 622, 646
646
630
638
639
638
638
633
632, 639
632, 638
620
13, 27
638
81
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
HL
57
58
71
74
75
76
77b
78
90
92
93
95
96
97
98
99
100
101
102
105
106
107
108
111
112
113
121
126
132
144
145
146148
149
150
151
152
157
158
159
160
161
162
164165
166167
168
169
170
171
172
173
174
175
176a
176b185
176b
1179
624, 650, 652
624
630
638, 652
631, 641, 643
652
652
641
620
75
622
622, 632, 651, 652
622, 652
622, 632, 652
652
651
652
650
630
650
82, 650
82, 650
650
30, 630, 646
634
650
622
630
622
641
641, 643
642
68, 650
641
641, 643
641, 643
641, 643
641
641
641, 643
641, 643
650
647, 652
647
648
648
646, 647
620, 623, 640
620, 623, 643
77, 630, 651
646
634
624
642
624, 634
1180
HL 177
HL 180
HL 183
HL 186
HL 187
HL 188
HL 189
HL 190
HL 191
HL 192
HL 193
HL 194
HL 195
HL 195a
HL 195b
HL 195c
HL 196
HL 197
HL 198
HL 199
HL 200a
HL 200b
Hrozny, Keilschrifttexte aus
Ta"annek, nos.
12
Hrozny, Keilschrifttexte aus
Ta"annek, no. 1
Hrozny, Keilschrifttexte aus
Ta"annek, no. 2
HSS 5 21
HSS 5 35
HSS 5 43
HSS 5 45
HSS 5 46
HSS 5 47
HSS 5 50
HSS 5 59
HSS 5 67
HSS 5 70
HSS 5 76
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
5 79
9 1
9 7
9 8
9 12
9 17
9 68
9 141
9 143
13 422
641
645
641
641
630, 648
630, 648
648
648
622
640
637
622, 648
621, 622
648
648
648
648
35, 622, 636, 648
80, 630
630, 648
622, 648, 649
642
738 n. 3
738
738
603
586
612 n. 159
576 n. 39
573 n. 22
613
576 n. 39
601
593 n. 99,
593 n. 101
62
591 n. 90,
591 n. 92
588 n. 73
566 n. 3
570, 576 n. 35
613
613
609 n. 143
609 n. 143
613
612
570, 576 n. 35
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
14
14
14
15
15
16
19
19
19
19
19
19
19
19
19
19
19
19
19
19
8
108
543
1
44
238
2
5
9
16
17
18
19
39
40
44
45
46
49
51
HSS
HSS
HSS
HSS
HSS
19
19
19
19
19
68
69
71
75
76
HSS 19 79
HSS 19 83
HSS 19 84
HSS
HSS
HSS
HSS
HSS
HSS
HSS
HSS
19
19
19
19
19
19
19
19
85
87
90
92
93
97
98
124
HSS 19 145
Huehnegard,
Biblical
Notes . . ., 431
I 441
I 445
I 446
I 475
I 478
I 490
I 513
576 n. 35
602
591 n. 94
568, 612
581 n. 50
609 n. 143
601
603
603
603
594, 602
602
594, 603
589 n. 80
589 n. 80
599 n. 119
589 n. 80
587 n. 70
589 n. 79
589 n. 79,
593 n. 99,
593 n. 101
591 n. 94
591 n. 94
591 n. 93
588 n. 73
591 n. 90,
591 n. 92
591 n. 90
588 n. 71
590 n. 84,
592 n. 98,
593 n. 99
592 n. 98
588 n. 73
588 n. 74
588 n. 74
591 n. 88
591 n. 88
591 n. 88
590 n. 83,
591 n. 87
588 n. 73
671 n. 30
443 n. 53
447 n. 80
467 n. 184
468, 472 n. 212
447 n. 83, 470
450 n. 101, 452,
452 n. 109, 453,
453 n. 116
450 n. 101, 454
I 681
I 702
I 703
I 705
I 727
IB 1018b
ICK 1 1
ICK 1 3
ICK 1 12
ICK 1 16
ICK 1 32
ICK 1
ICK 1
ICK 1
ICK
ICK 1
ICK
ICK 1
ICK 1
ICK 2
ICK 2
ICK 2
ICK 2
ICK 2
38
61
83 +
2 60
86 +
2 141
86
182
95
141
145
147
152
ICK 2 156
ICK 2 308
IM 64137
IM 74651
Iraq 16 2035
Iraq 27 1 ii
ITT 1 1041
ITT 1 1336
ITT 2 2917
ITT 3 6225
Jank. 1
JCS 7 150 no. 6
JCS 8 137138
JCS 16 78 no. 43
JCS 28 45 no. 39
Jean, Tell Sifr 71
Jean, Tell Sifr 4
Jean, Tell Sifr 44
JEN 120
JEN 124
JEN 135
JEN 155
446 n. 74
450 n. 101
450 n. 101
458
442 n. 43
508 n. 113
475 n. 224
450 n. 101,
452, 453, 453
n. 116
459
441
450 n. 101,
452 n. 109, 454,
454 n. 123,
455 n. 125
442 n. 46
474
475
471 n. 203
443 n. 52, 470
447
472 n. 212
447 n. 85
447 n. 86
472 n. 212
444 n. 54,
446 n. 75
445
477 n. 239
895 n. 62
487 n. 10
961
915 n. 13,
918 n. 29
169 n. 175
158 n. 108
161 n. 136,
164 n. 151
216
607
549
395
202 n. 73,
204 n. 80, 207
924, 963
374
396
396 n. 104
588 n. 71
573 n. 32
573 n. 21
608 n. 142
JEN 179
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
184
191
195
263
283
306
321
324
325
326
330
332
333
334
335
338
341
342
343
347
349
353
355
358
359
360
362
365
368
370
381
386
388
391
393
431
434
435
JEN
JEN
JEN
JEN
JEN
JEN
JEN
JEN
437
438
441
449
452
457
458
467
JEN
JEN
JEN
JEN
JEN
492
493
512
515
525//670
1181
579, 590 n. 83,
591 n. 87
573 n. 21
573 n. 22
579
608 n. 142
604 n. 130
610 n. 147
573 n. 21
577 n. 40
573 n. 21
614
577 n. 41
614
577 n. 40, 601
613
614
573 n. 22
614
613
612
612 n. 157, 613
614
614
573 n. 22
613
613
614
577 n. 40
573 n. 22
577 n. 40
612 n. 157
613
613
573 n. 21
612
576 n. 39
589 n. 77
588 n. 71
592 n. 98,
593 n. 99
589 n. 77
591 n. 88
588 n. 71
69, 586
586
586
585 n. 58
576 n. 33,
576 n. 35
604 n. 130
604 n. 130,
572 n. 21
590 n. 83
585
1182
JEN 528
JEN 530
JEN 551
JEN 555
JEN 556
JEN 571
JEN 572
JEN 582
JEN 605
JEN 620
JEN 631
JEN 637
JEN 641
JEN 644
JEN 659 +
SMN 1651
JEN 662
JEN 666
JEN 671
JEN 672
Joanns N.A.B.U.
1996/72
K 4223+
K 8888
Ka 1096
KAJ 1
KAJ 2
KAJ 3
KAJ 4
KAJ 6
KAJ 7
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
KAJ
8
9
10
12
13
16
17
21
25
27
32
37
38
40
41
44
46
47
50
51
53
604
604
568
585
604
596
596
604
604
589
575
588
599
573
n. 130
n. 58
n. 130
n.
n.
n.
n.
n.
n.
130
77
32
71
119
21
576 n. 33
576 n. 39
601
601
612
936 n. 102
883 n. 2
888 n. 26
465 n. 171
539, 540
535, 540, 541
533, 539, 540
540
531, 539, 540,
540 n. 80
532, 535,
536, 537 n. 71,
542
544
545
544
549
550 n. 122
533, 550
550 n. 123
549
549
549
549
549
549, 550
548
548
548, 550
548
549
549
533
531
KAJ 58
KAJ 65
KAJ 66
KAJ 85
KAJ 90
KAJ 98
KAJ 100
KAJ 104
KAJ 111
KAJ 122
KAJ 132
KAJ 149
KAJ 162
KAJ 164
KAJ 167
KAJ 168
KAJ 169
KAJ 170
KAJ 175
KAJ 211
KAJ 310
KAJ 316
KAV 98
KAV 115
KAV 159
KAV 168
KAV 169
KAV 197
KAV 201
KAV 211
KAV 217
KBo 4 4
KBo 9 27
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
Kienast no.
1
2
5
7
9
10
11
12
13B
16
27
Kienast no. 29
Kienast no. 31
Kienast no. 32
Kienast no. 33
549
549
67, 549
549
533
531
531, 533
549
533
543 n. 89, 548
547
547
524
551
532, 533, 539
533, 542, 551
531, 547
531, 547
551
533
547
550
523 n. 13
890 n. 37
527
527 n. 34, 527528,
528 n. 37
527 n. 34, 527528,
528 n. 37, 546
895 n. 64
527 n. 34, 527528,
546, 546 n. 98
526
526
621, 623, 630,
652 n. 108
444 n. 55
463 n. 156
450 n. 100
463 n. 161
463 n. 156
463 n. 161, 464
464 n. 166
464
448 n. 89
462 n. 154
463 n. 156
450 n. 98,
461 n. 151
463 n. 161
463 n. 156
449, 463 n. 161,
464 n. 167,
470 n. 199
461 n. 148
Kienast
Kienast
Kienast
Kienast
Kienast
no. 34
no. 35
no. 36
no. 103162
ATHE 23
Kienast ATHE 24
Kienast ATHE 33
Kienast ATHE 39
Kienast ATHE 62
KKS 4
KKS 5
Kraus, Rechtsterminus . . . 38
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 4
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 6
Krecher, Neue
sumerische
Rechtsurkunden . . ., nos. 1415
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 14
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 15
Krecher, Neue
sumerische
Rechtsurkunden . . ., nos. 1719
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 17
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 18
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 19
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 20
461 n. 148
461 n. 148
461 n. 148
461 n. 147
441, 447,
447 n. 80
474
458 n. 140
473 n. 217
477 n. 235
442 n. 46
444 n. 58
498 n. 74
164 n. 147
170 n. 184
158 n. 107
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 23
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 24
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 25
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 26
Krecher, Neue
sumerische
Rechtsurkunden . . ., no. 27
kt a/k 244
kt a/k 250
kt a/k 447
159 n. 117
kt a/k 503
kt a/k 933
kt a/k 1255
159 n. 117
kt
kt
kt
kt
kt
kt
kt
kt
a/k
a/k
b/k
b/k
c/k
c/k
d/k
d/k
kt
kt
kt
kt
kt
kt
f/k 79
g/k 100
g/t 36
i/k 120
j/k 288
j/k 625
158 n. 107
1263
1267
121
471
261
1340
5
29
159 n. 117
159 n. 117
159 n. 117
kt k/k 1
171
n. 186
kt k/k 118
kt m/k 14
kt n/k 31
1183
174 n. 210,
174 n. 213
173 n. 199,
173 n. 202
151 n. 62,
151 n. 67,
154 n. 84
150 n. 50,
153 n. 81
152 n. 74
446 n. 73
449 n. 95
469 n. 192,
470
441
449, 461 n. 151
472 n. 212,
473 n. 217
448 n. 87
461 n. 151
470 n. 199
477 n. 234
439 n. 31
464 n. 170
463 n. 157
450 n. 101,
452 n. 109,
454
464 n. 164
442 n. 44
448 n. 91
450 n. 101
464 n. 166
450 n. 101, 453,
454 n. 123
450 n. 101,
454 n. 123
440
437 n. 21
463 n. 158
1184
kt n/k 71
kt n/k 203
kt n/k 512
kt n/k 1414
kt
kt
kt
kt
kt
kt
n/k
n/k
o/k
o/k
o/k
o/k
1716
41322
30
52
196
196c
kt
kt
kt
kt
r/k 19
v/k 147
v/k 152
78/k 176
kt
kt
kt
kt
80/k
86/k
86/k
86/k
25
155
182
203
kt
kt
kt
kt
kt
87/k
87/k
87/k
88/k
88/k
282
303
312
269
625
kt 88/k 1095
kt
kt
kt
kt
kt
kt
kt
kt
kt
kt
89/312
89/352
89/k 313
89/k 345
89/k 71
90/k 108
91/389
91/k 100
91/k 123
91/k 132
kt 91/k 158+240
kt 91/k 173
kt 91/k 240
kt 91/k 286
kt 91/k 389
kt
kt
kt
kt
91/k
91/k
91/k
91/k
396
398
402
410
449 n. 97
441 n. 41
436 n. 17,
440 n. 32
450 n. 101,
452 n. 108, 455
470 n. 197
444 n. 55
459
464 n. 168
458
458, 459,
459 n. 142
450 n. 101, 454
450 n. 101
464 n. 164
450 n. 101,
451 n. 105
455 n. 125
462 n. 153
446 n. 72
446 n. 72
450 n. 101,
452 n. 112, 453
461 n. 151
450, 452 n. 109
463 n. 163
450 n. 101, 453
450 n. 101,
451 n. 103
451 n. 105,
455 n. 125
469 n. 196
471 n. 204
465 n. 171
454
465 n. 172
450 n. 101
459 n. 142
432 n. 6
450
450 n. 101,
453 n. 116, 454
450 n. 101,
451 n. 104
471 n. 207
454, 454 n. 123,
455
463 n. 160
455 n. 128
459 n. 142
458 n. 139
477 n. 239
446
462
kt 91/k 453
kt 91/k 522
kt
kt
kt
kt
92/k
93/k
94/k
94/k
195
145
141
149
KTH 15
KTK =
Jankowska KTK
KTK 1
KTK 20
KTK 95
KTP 14
KTS 2 6
KTS 2 9
KTS 2 55
KTS 2 64
KTU 1.17 i
Kwasman &
Parpola, Legal
Transactions . . .,
no. 26
Kwasman &
Parpola, Legal
Transactions . . .,
no. 263
Kwasman &
Parpola, Legal
Transactions . . .,
no. 323
L. 7076
Lafont, Les texts
judiciaires . . .
no. 9
Lambert, Nebuchadnezzar . . .,
IIIIV
LB 1218
LBAT 1419
LE = Laws of
Eshnunna
LE
LE
LE
LE
12
3
4
5
457
461
461
444
446
454
450
452
452
471
n.
n.
n.
n.
n.
136
151,
152
61
79
n.
n.
n.
n.
101,
111,
112, 453
205
440 n. 34
437 n. 21
470 n. 198
478 n. 240
450 n. 101, 452,
453, 454
470
450 n. 101,
451
436 n. 19
730 n. 33
685 n. 73
685 n. 73
685 n. 73
497 n. 66
193
220
207
221
n.
n.
n.
n.
46,
140,
97,
144
925 n. 53
449 n. 95,
449 n. 98
962
8, 9, 17, 68,
78 n. 59, 361
404
408
409
409, 409 n. 158
LE
LE
LE
LE
89
9
10
1213
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
LE
12
13
14
16
1718
18a
1921
23
24
26
2728
27
28
29
30
31
32
LE 33
LE 34
LE 3637
LE 37
LE 39
LE 40
LE 41
LE 4247
LE 47A
LE 48
LE 49
LE 50
LE 51
LE 5358
LE 53
LE 54
LE 55
LE 56
LE 57
LE 58
416
LE 59
LH = Laws of
Hammurabi
LH
LH
LH
LH
LH
LH
a
c
e
g
t
u
409
408 n. 153
408
82, 378, 421,
421 n. 206
377, 417 n. 191
377, 417 n. 191
409, 410 n. 165
58, 396
398 n. 117
404
404
378, 423
377, 378, 415
386, 418
385
45
417, 421 n. 206
49, 389, 417
49, 389
423
379 n. 53, 409,
409 n. 162
382
378
413
413
406 n. 147
35, 373, 422
377, 379 n. 53
416
415
30, 366
420
378, 421
384
79
423
78 n. 59, 366, 415
423
366, 415
423
78 n. 59, 366,
49, 388
8, 9, 17, 18, 27,
38, 60, 68, 294
n. 42, 361, 364
405
399 n. 116
395
410
404 n. 136
404
LH
LH
LH
LH
LH
LH
LH
LH
LH
x
z
cc
14
1
2
6
7
8
LH 910
LH 912
LH 9
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
12
14
1516
15
16
17
18
1920
21
2224
2324
23
25
26
27
2829
3638
40
41
4244
4546
45
48
4950
5356
53
5556
6263
100107
102
107
108109
108
109
111
112
113
115116
116
117118
1185
405
405
412
81, 423
414 n. 184
375
420
422
378, 419, 420,
963, 963
n. 227
422
81
370 n. 29,
371 n. 32
395
421
420
378
378, 384
384
365
420
421
72, 421
366
79
421
369
394
394
394
394
394, 402
411 n. 169
411 n. 170
68
404
405
422
382, 383
82
411 n. 169
412
412
409
379 n. 53
422
365
379 n. 53
413, 420
406
406 n. 145
423
420
1186
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
117
119
120
121
123124
125
126
127
128
129
130
131
132
133135
133
136
137
138
139140
139
141
142143
142
143
144147
146147
146
148
150
151152
151
153
154
155156
157
158
159
160
161
162
163164
165
166
167
168169
170
171
171b
172
173
175176
175
176a
177
391, 407
381, 406 n. 148
413
413
413
413
366
81, 423
45, 385
80, 366, 380
80, 386, 418
418
375, 418
49, 389
417
49, 389
49, 388, 389, 391
49, 388
378
388
389, 390
387 n. 80
367 n. 22
417
424
381
383
388, 390
62, 398, 399
45
406
414
418
45, 387 n. 74, 418
419
419
387
387
387
398
398, 398 n. 112
397
396
61, 395, 398
56, 391, 395
391 n. 87, 396
44, 381, 384
398
57, 391, 398
398
44, 378
382
383
389, 391
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
LH
178179
178
179
180
181182
184
185
189
191
194
195
196205
196223
199
202205
205
206208
206
207
209214
209
210
211
213
214
215218
216
218
226227
228
229230
229
231
234
237
239
241
242243
244
245
246248
247
249
250252
250
251
252
253256
253
254
256
257
259260
261
398
424
424
424
425
425
35, 392
392
54, 393
379 n. 53, 409
74, 77, 391
416
377, 378
422423
416
383
74 n. 53
82, 416
74 n. 53, 415, 416
80
415
415
415
423
423
410 n. 165
415
80, 410
384, 420
410 n. 165
74, 416
410
422
410 n. 165
409, 409 n. 158
409
406
408
408
408, 423
408
423
408
79
415
415
423
409
420
420
419
409
420
410 n. 164
LH 263
LH 264
LH 265
LH 266267
LH 268270
LH 271172
LH 275277
LH 278279
LH 280
LH 281282
LH 282
Lie Sar., Ann. 10
Lie Sar., Ann. 17
Lie Sar., Ann. 204
Lie Sar., Ann. 329
Limet, Textes . . .
no. 37
Limet, Textes . . .
no. 12
LKA 31
LL = Laws of
Lipit-Ishtar
LL ii 1624
LL b
LL d
LL e
LL f
LL 5
LL 9
LL 10
LL 11
LL 1213
LL 14
LL 17
LL 24
LL 27
395
LL 28
LL 29
LL 30
LL 31
LL 3437
LOx
LOx 14
LOx 6
LOx 7'
LU = Laws of
Ur-Namma
LU 1
LU 3
LU 4
LU 5
410
410
420
410
408
408
409
401
377
376
383
1061
1061
1061
1061
n.
n.
n.
n.
74
74
74
74
97
215 n. 125
886 n. 18
8, 9, 361, 368
391
57, 395
415
415
423
409 n. 159
421
421
395
420
407
81, 423, 423
n. 212
395
57, 379 n. 53,
388, 390
387
371, 379 n. 53,
389
397
408
10 n. 8, 68
408
408
408
8, 9, 78 n. 59, 183
219
221
44, 199
44, 199, 200
LU 6
LU 7
LU 8
LU 910
LU 9
LU 10
LU 11
LU 13
LU 14
LU 15
LU 17
LU 18'21'
LU 23'24'
LU 23'
LU 24'
LU a2 (/28)
LU a3
LU a5
LU a6
LU a8'
LU a9'
LU c1
LU d14
LU d57
LU e4
MAD 1 17
MAD 1 105
MAD 1 110
MAD 1 169
MAD 1 208
MAD 1 228
MAD 1 242
MAD
MAD
MAD
MAD
MAD
MAD
1
1
4
4
4
5
291
321
41
124
161
21
MAD 5 71
MAD 5 101
MAH 15922
MAL = Middle
Assyrian Laws
MAL
MAL
MAL
MAL
A
A
A
A
1
2
3
4
1187
80, 219
219
219
2 n. 2
204
204
196, 203
196
196
203
200
219
80
219
219
221
196
221
218
218
143, 206 n. 94
221
218
218
217
173 n. 196
173 n. 196
173 n. 196
161 n. 130
151 n. 57,
154 n. 86
151 n. 57,
154 n. 86
151 n. 57,
154 n. 86
173 n. 196
173 n. 196
172 n. 192
172 n. 193
156 n. 98
172 n. 192,
172 n. 193
172 n. 195
175 n. 214,
175 n. 214
487 n. 8,
488 n. 12
8, 910, 77,
521
529, 553, 554
76, 559
554
532, 554, 555
1188
MAL A 5
MAL A 6
MAL A 7
MAL A 8
MAL A 9
MAL
MAL
MAL
MAL
MAL
MAL
A
A
A
A
A
A
10
12
13
1416
14
15
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
A
A
A
A
A
A
A
A
16
1719
17
18
19
20
21
22
MAL A 23
MAL A 24
MAL A 2527
MAL A 2526
MAL A 25
MAL A 26
MAL A 27
MAL A 28
MAL A 29
MAL A 3031
MAL A 30
MAL
MAL
MAL
MAL
A
A
A
A
31
3234
32
33
MAL
MAL
MAL
MAL
A
A
A
A
34
36
37
38
MAL A 39
MAL A 40
528, 554,
554 n. 135, 559
554, 554 n. 135,
555
557
74, 557
74, 556, 557,
557 n. 142
558
80, 528, 556
555
80
220, 555
30, 75, 524,
528, 529,
553, 555, 556
556, 559
81
527, 529, 556
556
557
553, 557
533, 551
528, 529, 537,
537 n. 74, 556
556, 559
50, 529, 537538,
559
536
541
528, 528 n. 42,
530, 542
542
541
537, 538, 539,
540 n. 80, 543
542, 543
538, 541
535, 536, 538,
541
535, 541
45
536, 541
536, 536 n. 69,
537
45, 537
49, 537, 538
49, 536, 542
45, 535, 536,
536 n. 70, 541
532, 539,
539 n. 79, 552
75, 527, 532, 534,
553
MAL
MAL
MAL
MAL
MAL
A
A
A
A
A
41
4243
43
44
45
MAL A 46
MAL A 47
MAL
MAL
MAL
MAL
MAL
MAL
A
A
A
A
A
A
48
50
51
52
53
55
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
MAL
A 56
A 57
A 59
B 1
B 25
B 2
B 3
B 4
B 6
B 89
B 10
B 12
B 13
B 14
B 15
B 1718
B 17
B 19
B 20
C 8
C 8
C+G 26
C+G 2
C+G 34
C+G 3
C+G 4
C+G 5
C+G 6
MAL C+G 7
MAL C+G 8
MAL C+G 9
MAL C+G 10
MAL C+G 11
MAL F 1
MAL F 2
MAL M 1
MAL M 2
MAL M 3
MAL N 1
MAL N 2
MAL O 1
MAL O 3
MAL O 5
Ma{at Letter no. 52
Mayer-Wilhelm,
Altassyrische
Texte . . . no. 2
MCS 2 75
MDP 2 pl. 20
MDP 2 99
MDP 6 31
MDP 10 pls 1112
MDP 18 202
MDP 23 242
MDP 23 250
MDP 23 285
MDP 23 286
MDP 24 339
Meissner BAP 78
Meissner BAP 89
Meissner BAP 90
Meissner BAP 91
Meissner BAP 95
MHET 2/2 248
Michel Innaya II
No. 125
Michalowski,
Letters, no. 2
Michalowski,
Letters, no. 3
MLC 613
Moldenke I 11
MSL I 218219
MSL 12 412
MSL 12 93
Mller-Marzahn,
Fnf Texte . . .
no. 4
MVN 2 1
MVN 2 2
MVN 3 13
MVN 3 18
MVN 3 25
MVN 3 36
554
552
552
552
552553
559
560
544
543
546
638
MVN 3 52
MVN 3 53
MVN 3 60
MVN 3 62
MVN 3 77
MVN 3 80
MVN 3 81
461 n.
208
497 n.
497 n.
498 n.
494 n.
487 n.
490 n.
411
376
4056
397 n.
411
396 n.
413
390
389
388 n.
393 n.
397 n.
475 n.
149
68
67,
75
53
9,
22
MVN 3 100
MVN 3 102
109
MVN 3 222
MVN 6 428
MVN 9 193
MVN 16 124
MVN 18 181
MVN 18 286
MVN 18 321
MVN 18 326
MVN 18 505
MVN 18 515
MVN 18 635
MVN 20 207
NATN 31
NATN 72
NATN 98
NATN 102
NATN 149
NATN 258
NATN 266
NATN 302
NATN 322/334
NATN 366
NATN 368
NATN 403
NATN 493
NATN 571
NATN 621
NATN 882
NATN 893
NATN 920
104
82
94
106
224
242 n. 9,
245 n. 22
247
503
929
394
145
145
n.
n.
n.
n.
n.
n.
461
214
215
170
152
171
170
n. 147
n.
n.
n.
n.
25
98
73
98
17
18
177
73
185
183
MVN 3 105
MVN 3 219
1189
151 n. 55,
151 n. 63
170 n. 182
158 n. 107,
159 n. 117
158 n. 107,
160 n. 124
151 n. 73,
159 n. 118,
160 n. 124
158 n. 107,
159 n. 118
158 n. 107, 165,
171 n. 185,
173 n. 198
171 n. 186
157 n. 102,
158 n. 107,
159 n. 118, 172,
172 n. 188
173, 173 n. 204
216, 217, 220,
220 n. 141,
408 n. 153
172 n. 188
216
154 n. 85
214
214, 221 n. 145
221 n. 145
184 n. 5
184 n. 5
214
184 n. 5
184 n. 5
221 n. 145
215 n. 125
214
218
214
204 n. 81
206
206
209
214
219
214
214 n. 118, 217
214
195
216
218
202
200
1190
NBC
Nbk.
Nbk.
Nbk.
Nbk.
Nbk.
Nbk.
Nbk.
8618
31
104
115
265
365
419
439
18
20
21
22
376
930 n. 77
963
957
941
965
963
926 n. 61,
937 n. 105
9
965
966
940
60, 940
941
57, 942
942
939 n. 111
965
936
932 n. 89, 965
932
921 n. 40,
926 n. 57
958 n. 205
904 n. 128
895 n. 61,
896 n. 70,
786 n. 74
895 n. 65
900 n. 99
388 n. 82
202
202
202
204
207, 208, 209
215
209
207
207
201202,
202 n. 73
201, 202, 204
202
193 n. 49, 201
n. 72, 202203,
202 n. 73
195, 201, 202
204, 219
201, 220
201, 202 n. 73,
204, 207, 220
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
27
29
30
31
32
37
38
41
42
43
44
45
46
53
55
63
62
65
68
69
70
71
74
75
76
77
78
80
83
84
88
89
97
98
99
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
101
103
104
105
106
107
108
110
113
115
116
117
120a
120b
121
123
126
127
205, 207
208
195, 200, 215
207
199
199
199
194, 196, 199, 219
199, 221
215
199
196, 199
199
199
199
211
193, 218
211
210, 211
211, 220
211
215
197
197, 197 n. 60
197 n. 60
193
200
206
208, 209
221
208
196
215
207
195, 198, 199,
208, 209
195
208, 209
210
196
196
195
207
195, 207
196
194
215
215 n. 125
194
194
194
196
194, 220
195
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
NG
131
132
138
143
169
171
174
175
177
178
183
185
186
189
190
195
NG
NG
NG
NG
NG
199
202
203
204
205
NG 206
NG 207
NG 208
NG 209
NG 210
NG 211
NG 212
NG 214
NL 16
NL 21
NL 40
NL 50
NL 59
NRVN 1
NRVN 5
NRVN 6
NRVN 27
NRVN 49
+ NATN 493
NAVN 96
NRVN 179
NRVN 180
NRVN 192
NRVN 230
NRVN 344372
NRVU 1127
NRVU 192195
NRVU 290343
NRVU 621639
O 3684
n. 5
n. 117
n. 161
n. 147
n. 153
n. 206
n. 203
OBT = OBT
Tell Rimah
OBT 100
OBT 102
OBT 105
OBT 2037
OBT 2083+
OBT 3019
OBT 3025
OECT 8 13
OECT 9 2
OECT 13 191
OIP 14 90
OIP 14 162
OIP 27 59
OIP 27 60
OIP 79 82
OIP 97 8
OIP 114 6
OIP 114 8
OIP 114 14
OIP 114 19
OIP 114 23
OIP 114 24
OIP 114 97
OIP 114 128
OLA 21 24
OLZ 7 39
Owen 1
Owen, A
Unique . . .
PBS 1/2
PBS 2/1 85
PBS 2/1 140
PBS 2/2 103
PBS 2/2 116
PBS 5 100
PBS 8/1 1
Peiser Urkunden 1
Peiser Urkunden 96
Peiser Urkunden 116
Petschow MB
Rechtsurkunden 10
Piepkorn Asb. 85
Pinches Berens
Collection,
no. 103
POAT 1
POAT 9
1191
1192
POAT 13
POAT 14
Postgate, Urad-era
no. 3
Postgate, Urad-era
no. 16
Postgate, Urad-era
no. 28
Postgate, Urad-era
no. 48
Postgate, Urad-era
no. 50
Postgate, Urad-era
nos. 5456
Postgate, Urad-era
nos. 7173
I R 70
RA 12 6
RA 14 158 no. 152
RA 22 2729
RA 85 16 no. 4
Radner, DrKatlimmu . . .,
no. 110
RBC 799
RBC 779
RE 6
RE 8
RE 10
RE 13
RE 15
RE 16
RE 18
RE
RE
RE
RE
20
21
23
25
RE 26
RE 27
RE 28
RE 30
RE 34
RE 37
RE 39
445
446 n. 77
533 n. 58
533 n. 58
524 n. 16
RE
RE
RE
RE
RE
RE
RE
RE
RE
49
51
54
55
56
57
58
61
63
533 n. 58
RE 66
547 n. 102
524 n. 16
525
502 n. 93
922
965
1048 n. 8
401
890 n. 38
500 n. 85
505 n. 105,
507 n. 110
669
671 n. 30, 680
669, 669 n. 29,
673
673, 673 n. 35
680 n. 54, 681,
682
659, 688
59, 678, 685
n. 76
683 n. 66
659, 661
680 n. 55
665, 668, 673,
674, 678 n. 48
666, 667, 669,
673, 674
666, 667
673 n. 34, 674,
678, 681
673 n. 34, 674,
677 n. 44
659, 659 n. 12,
683 n. 66,
683 n. 69, 688
678, 680, 681
677 n. 44
RE
RE
RE
RE
RE
67
72
75
76
82
RE 85
RE 88
RE 94
RE 96
Revillout, PSBA 9
RIMB 2 B4.0.2001
RIM E2.13.6
RIM E3/2.1.1.21
ROMCT 2 37
Roth no. 2
Roth no. 4
Roth no. 5
Roth no. 6
Roth no. 8
Roth no. 9
Roth no. 15
Roth no. 17
Roth no. 19
Roth no. 22
Roth no. 25
Roth no. 26
Roth no. 30
Roth no. 34
Roth no. 35
Roth no. 3
Roth no. 10
RS 4.449
RS 5.194
RS 8.145
RS 8.213bis
RS 8.303
RS 8.333
RS 11.856
664
686
660
660
660, 677, 680
679 n. 52, 681
685
669, 670
673, 674, 674
n. 36, 674 n. 37
663, 666, 667,
670
669
684
684
669
664, 666, 667,
671, 673
660, 677,
680 n. 54
668, 669, 670,
674
678
685
926 n. 61, 937
948 n. 148
243 n. 12
243 n. 12
936, 938 n. 106
934, 935
934, 935
69, 934, 935,
935 n. 100
935
935
934
935
935, 935 n. 100
935
934
934
935, 935 n. 100
935 n. 100
934, 935
934
939 n. 111
940 n. 117
704, 708
725
724, 730
732
724, 725, 726
725
724
RS
RS
RS
RS
RS
15.11
15.85
15.86
15.89
15.92
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
15.109+
15.114
15.120
15.125
15.128
15.138+/109+
16.129
16.132
16.136
16.140
16.141
16.143
16.145
16.148+
16.153
16.156
16.157
16.158
16.180
16.191+
16.197
16.200
RS
RS
RS
RS
16.235
16.242
16.245
16.249
RS 16.250
RS
RS
RS
RS
RS
16.254C
16.267
16.269
16.287
16.295
RS
RS
RS
RS
RS
RS
16.344
16.348
16.356
16.386
17.21/33
17.21
RS
RS
RS
RS
17.28
17.36
17.61
17.67
725
725 n. 16, 732
732
730, 731
725, 726, 727
n. 24, 727
n. 25, 728
723 n. 12
731
724, 730
722
733
730
730
724 n. 12
38, 723
732
726, 728
726
721, 734
724
731
722
724 n. 12
726, 732, 733
732
724, 725, 732
721 n. 4
725, 726, 727
n. 24, 728
731
731
721 n. 5
720, 721, 723,
734
724, 725, 726,
731
721 n. 5
725, 730
734
733
727 n. 24, 728,
731
729 n. 31
722, 724
721 n. 5
722
727, 728
727 n. 24,
727 n. 25
729
729, 730
721
721, 721 n. 6, 723
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
RS
17.88
17.130
17.159
17.226
17.296
17.335
18.21
18.118
19.66
20.21
20.22
RS 20.226
RS
RS
RS
RS
20.236
20.239
21.230
25.134
RS 29.100
RS 34.158
RS 94.2168
RTC 54
RTC 96
SAA 1 29
SAA 1 3233
SAA 1 76
SAA
SAA
SAA
SAA
SAA
SAA
1
1
1
1
1
2
100
171
186187
219
257
1
SAA 2 2
SAA 2 3
SAA 2 4
SAA 2 5
SAA 2 6
1193
727, 727 n. 24
720, 733
49, 726
727
726
727
724
723
725, 733
723 n. 10
79, 723, 723
n. 10
727 n. 24,
727 n. 25
727
723
728, 729, 730
721, 728 n. 28,
728 n. 29, 729
727 n. 24,
727 n. 25, 728
725
726, 730
149 n. 40
176 n. 219
1053 n. 21
1053 n. 22
1053 n. 22,
1059 n. 58
1053 n. 22
1062 n. 79
1053 n. 22
1062 n. 78
1062 n. 78
1055 n. 29,
1058 n. 50,
1058 n. 52
1047 n. 3,
1058 n. 42,
1058 n. 50,
1058 n. 52,
1059 n. 57
1047 n. 3,
1058 n. 42,
1058 n. 46
1058 n. 42,
1058 n. 46
1047 n. 3, 1058,
1058 n. 54
1047 n. 2,
1055 n. 35, 1057,
1057 n. 41,
1058 n. 42,
1058 n. 43,
1194
SAA 2 7
SAA 2 8
SAA 2 9
SAA 2 10
SAA 2 11
SAA 2 12
SAA 2 13
SAA 3 31
SAA 4 12
SAA 4 20
SAA
SAA
SAA
SAA
SAA
4
4
4
5
5
21
43
56
32
35
SAA
SAA
SAA
SAA
SAA
SAA
SAA
SAA
SAA
SAA
SAA
SAA
SAA
5 5254
5 106
5 107
5 156
5 199
5 200
5 245
7 58
7 73
7 127
9 7
10 57
12 25
1058 n. 44,
1058 n. 46,
1058 n. 49,
1058 n. 52,
1058 n. 56,
1059 n. 57,
1061 n. 71,
1062 n. 79
1058 n. 42
1047 n. 3,
1054 n. 26,
1058 n. 46,
1058 n. 52
1054 n. 26,
1058 n. 42,
1058 n. 43,
1058 n. 46,
1058 n. 47,
1058 n. 48,
1058 n. 49,
1058 n. 50,
1058 n. 52,
1058 n. 54
1047 n. 3,
1058 n. 48
1047 n. 3,
1054 n. 26
1047 n. 3
1058 n. 46,
1058 n. 48,
1058 n. 49
1060 n. 66
1049 n. 13
1049 n. 13,
1055 n. 32
1049 n. 13
1049 n. 13
1049 n. 13
1063 n. 83
1058 n. 53,
1063 n. 83
1063 n. 83
1058 n. 55
1058 n. 55
1062 n. 78
1058 n. 51
1058 n. 51
1063 n. 83
1063 n. 84
1063 n. 84
1063 n. 84
1053 n. 21
1059 n. 59
886 n. 17
SAA 12 26
SAA 12 29
Sachs-Hunger
Diaries 3 72
Sack 79
886 n. 17
886 n. 17
917 n. 21
963, 964965,
965
Sack 80
963
SARI Ki 3
243 n. 12
SARI La 3.1
241 n. 1
SARI La 5.3
241 n. 3,
244 n. 21
SARI La 5.4
142 n. 4
SARI Um 7.2
241 n. 4
SARI Uk 1.11.2
241 n. 5
SBKI 2
488, 490 n. 22
SCCNH 1 383
606 n. 135
SCCNH 1 411
606 n. 135
S 104
904 n. 128
Semitica 46, 910
669, 671
Semitica 46, 1214
668, 669, 671
Sigrist 1 (Ur III)
194, 199
Sigrist 2 (Ur III)
195
Sigrist 3 (Ur III)
209
Sigrist 4 (Ur III)
204
Sigrist 5 (Ur III)
207 n. 96
Sigrist 1 (Emar)
664 n. 24, 667
Sigrist 2 (Emar)
663, 664
Sigrist 5 (Emar)
685 n. 75
Sigrist 6 (Emar)
659, 660 n. 13
SLEx = Sumerian Laws
Exercise Tablet
10 n. 8
SLEx 1
415
SLEx 2
415
SLEx 6'7'
418
SLEx 9'
408
SLEx 10'
408
SLHF = Sumerian Laws
Handbook of Forms 10 n. 8
SLHF iv 42v 11
409 n. 159
SLHF viii 2021
410
SMEA 5
658
SMEA 7
678, 681
SMEA 9
670, 671
SMEA 13
671
Smith, Idri-mi,
ll. 4258
754 n. 9
Smith, Idri-mi,
ll. 5253
759 n. 34
SNATBM 193
217
SNATBM 210
221
SNATBM 320
184 n. 5
SNATBM 321
184 n. 5
SNATBM 334
184 n. 5
SNATBM 360
184 n. 5
SNATBM 372
SNATBM 373
SNATBM 535
SNATBM 541
Sollberger no. 9
Sommer and
Falkenstein,
Bilingue . . .,
7 II 37, 38
Sommer and
Falkenstein,
Bilingue . . .,
7 II 3941
Sommer and
Falkenstein,
Bilingue . . ., 11
Sommer and
Falkenstein,
Bilingue . . ., 22
Sommer and
Falkenstein,
Bilingue . . ., 23
III 6570
Sommer and
Falkenstein,
Bilingue . . ., 29
Spek, Cuneiform
Documents . . .,
205256
SRU 1
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
SRU
7
8
13
17
21
26
3035
30
35
4058a
4050
4045
42
43
SRU
SRU
SRU
SRU
SRU
SRU
44
45
46
4752
53
54
184
220
184
184
195
n. 5
n. 5
n. 5
n. 51
SRU 55
SRU 56
624 n. 20
SRU
SRU
SRU
SRU
SRU
SRU
624 n. 22
SRU 71
SRU 7273
SRU 74
625
SRU
SRU
SRU
SRU
58
62
63
64
6970
69
75
76
77
78
625
SRU 78a
627 n. 29
SRU 79
SRU 80
625
SRU 81
SRU 82
961 n. 222
151 n. 59,
151 n. 58
164 n. 147
164 n. 147
164 n. 146
170 n. 184
172 n. 190
153 n. 78
168 n. 167
169 n. 172
164 n. 149
158 n. 107
160 n. 124
169 n. 171
159 n. 114
69, 158 n. 108,
169 n. 170,
169 n. 171
159 n. 117
159 n. 121
159 n. 122
169 n. 175
157 n. 104
157 n. 101,
159 n. 117
SRU 85
SRU 85a
SRU 86
SRU 87
SRU 88
SRU 89
SRU 91
SRU 9293
SRU 92
SRU 94
SRU 96
SRU
SRU
SRU
SRU
SRU
Sumer
98
99
100
149
216
14 no. 28
1195
153
151
175
160
158
151
151
174
151
174
151
172
172
173
172
172
172
150
154
150
154
154
150
153
153
175
154
152
154
154
153
161
153
152
158
153
150
154
155
151
153
153
153
150
153
153
150
154
155
155
153
152
152
422
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
81
64,
217
124
109
59
59
209
57,
212
63
194
193,
201
193
193
193
47,
83
51,
83
86
50,
79,
80,
218
88
72,
84,
89
80,
131
80
71,
108
80
49,
84
94
61,
78,
82
76
50
75,
77
50,
89
91
91
80
70
70
208
1196
Steinkeller 11
Steinkeller 17
Steinkeller 20
Steinkeller 25
Steinkeller 26
Steinkeller 29
Steinkeller 32
Steinkeller 36a
Steinkeller 41
Steinkeller 45
Steinkeller 52
Steinkeller 63
Steinkeller 71
Steinkeller 78
Steinkeller 81
Steinkeller 87
Steinkeller 88
Steinkeller 91
Steinkeller 94
Steinkeller 99
Steinkeller 125
Steinkeller 127
Steinkeller 128
Steinkeller S. 2
Steinkeller S. 3
Steinkeller S. 4
Steinkeller S. 5
Steinkeller, ThirdMilllennium . . .,
nos. 46
Steinkeller, ThirdMilllennium . . .,
no. 4
Steinkeller, ThirdMilllennium . . .,
no. 5
Steinkeller, ThirdMilllennium . . .,
no. 6
Steinkeller, ThirdMilllennium . . .,
nos. 5759
Steinkeller, ThirdMilllennium . . .,
no. 57
Steinkeller, ThirdMilllennium . . .,
no. 58
Steinkeller, ThirdMilllennium . . .,
no. 59
Steinkeller, ThirdMilllennium . . .,
no. 61
211
211
199
210
212
198
210
212
211
199, 212
200
211
208
199
199
211
198, 210
211
212
211
211
199, 212, 216
211
211
198
211
195 n. 51
158 n. 107
Steinkeller, ThirdMilllennium . . .,
no. 74
Steinkeller, Two
Sargonic . . .,
no. 2
Steinkeller, Ur
III . . ., app. nos.
15
Steinkeller, Ur
III . . ., app. no. 1
Steinkeller, Ur
III . . ., app. nos.
611
Steinkeller, Ur
III . . ., app. nos.
1221
Stolper, Entrepreneurs
and Empire . . .,
no. 91
Stolper, Records of
Deposit . . ., 2829,
no. 9
Streck Asb. 23
Streck Asb. 13 i
Streck Asb. 2022
Streck Asb. 105
1063 n. 85
Tadmor Tigl. III,
Ann. 10
Tadmor Tigl. III,
Ann. 13
TB 8001
TB 8002
TBER 6
TBER 6061
TBER 71
TBR 5
TBR 9
TBR 14
TBR 21
TBR 22
159 n. 120
TBR 23
TBR 25
170 n. 177
170 n. 179
150 n. 51
153 n. 80
158 n. 107
159 n. 118
153 n. 80
TBR 26
TBR 27
TBR 28
TBR
TBR
TBR
TBR
29
31
32
34
154 n. 85
171 n. 186
215 n. 124
214 n. 119
215 n. 125
215 n. 124
966 n. 237
961 n. 221
1054 n. 26
1054 n. 27
1055 n. 31
1060 n. 69,
1061 n. 74
1061 n. 74
706
713 n. 46
925, 967
924 n. 48
929 n. 72
661
677
683 n. 68
679
671 n. 30,
680, 681 n. 56
669, 679 n. 52
664, 664 n. 24,
667, 668
686
685
670, 679 n. 52,
681, 681 n. 58
681 n. 58
681
666, 667, 673
685, 687
TBR 36
TBR 39
TBR 40
TBR 41
TBR
TBR
TBR
TBR
TBR
42
43
44
45
46
TBR 47
TBR
TBR
TBR
TBR
TBR
48
49
50
51
52
TBR
TBR
TBR
TBR
TBR
TBR
53
56
58
66
69
70
TBR 71
TBR 72
TBR 73
TBR 74
TBR 75
TBR 76
TBR 77
TBR 78
TBR
TBR
TBR
TBR
TBR
79
80
81
83
84
TBR 85
TBR 86
TBR 87
TBR 95
TC 1 1
TC 1 3
TC 1 18
678
668, 673, 674,
686
668, 673, 674,
674 n. 36, 686
666, 667, 669,
673, 674, 675
674, 678
668
664 n. 24
671 n. 30, 681
673, 674,
674 n. 36
62, 662, 681,
682
673 n. 34, 674
685
681, 682
687
664 n. 24,
665, 667
685
686
685
683 n. 63
681, 682
664, 667, 669,
679
680, 681
669, 670, 671
674, 678
669, 671, 673,
674 n. 36
674, 675
664, 669, 670,
671, 673, 674
676
672
671, 673, 674,
675
664
679
683 n. 63
678
660, 662,
685
687
659, 663, 676
676
662
435 n. 13,
438 n. 25
441 n. 40
439 n. 31
TC 1 24
TC 1 142
TC 2 41
TC 2 45
TC 2 46
TC 3 67
TC 3 76
TC 3 78
TC 3 79
TC 3 85
TC 3 120
TC 3 129
TC 3 130
TC 3 216
TC 3 232
TC 3 238
TC 3 240
TC 3 263
TC 3 271
TC 3 274
TC 3 275
TC 3 332
TCL 1 2
TCL 1 87/88
TCL 1 104
TCL 1 157
TCL 1 237
TCL 9 10
TCL 9 107
TCL 10 98
TCL 11 245
TCL 12 89
TCL 12 117
TCL 12 120
TCL 13 86
TCL 13 147
TCL 13 179
TCL 13 215
TCL 13 219
TCL 13 234
TCL 13 239
TCL 17 76
Tell Halaf g
TIM 3 118
TIM 4 13
TIM 4 33
TIM 4 45
TIM
TIM
TIM
TIM
TIM
4
5
5
6
9
47
19
49
44
100
1197
473 n. 218
432 n. 6
435 n. 13
477 n. 239
472
471 n. 207
444 n. 63
444 n. 53
442 n. 44
477 n. 234
442 n. 45
450
445 n. 68
447 n. 81
469
457
469
468
445 n. 68
458 n. 140
445 n. 66
468
406
394 n. 100
370
369, 374, 401
n. 126
69
610 n. 147
967
413
368, 373, 420
965
924, 962
961 n. 223
950
919 n. 33
924
967
964, 967
947
949 n. 150
378
905 n. 135
413
393 n. 93
419, 422 n. 208
535, 536,
537 n. 71, 542
390
69 n. 45
410
216
154 n. 84
1198
TIM 11 14
TIM 11 15
TIM 11 33
TJA 28
TM 75.1430
TM 75.1444
TM 75.1452
TM 75.1470
TM 75.1625
TM 75.1632
TM 75.1668
TM 75.1766
TM 75.1844
TM 75.1919
TM 75.1964
TM 75.2304
TM 75.2561
TM 75.12448+
TM 76.749
TPK 88
TPK 194
TPK 1 26
TPK 1 28
TPK 1 46
TPK
TPK
TPK
TPK
TPK
TPK
1
1
1
1
1
1
96
106
156
157160
157
161
TPK 1 171
TPK 1 189
TPK 1 193
TPK 1 194
TSA 19
TSA 20
TS = Jestin
uruppak
TuM 2/3 8
TuM 2/3 35
TuM 2/3 28
TuM 5 21
TuM 5 64
TuM 5 66
TuM 5 67
895 n. 65,
896 n. 72
897 n. 78
898 n. 89
392
230, 234
234
230, 234
233 n. 30
233 n. 30
230, 234
233
234
233
235
233 n. 30
234
247 n. 25
233
235
469
469
438 n. 28
438 n. 28
462 n. 155,
471 n. 209, 472
466 n. 180
469 n. 192
465
461 n. 147
463
46, 450 n. 101,
452, 452 n. 109,
453
470, 471,
471 n. 203
444 n. 55,
444 n. 56
439
469 n. 192
149 n. 41
149 n. 40
161
945
950
945
514
491
496
496
498
509
500
n. 130
n.
n.
n.
n.
n.
n.
n.
152
27,
59,
63,
76
118
83,
513 n. 141,
514 n. 149,
517 n. 165
TuM 5 69
492 n. 42,
514 n. 149
TuM 5 72
510 n. 122
TuM n.F. 1/2 32 215
TuM n.F. 1/2 69 214
TuM n.F. 1/2 250 218
TuM n.F. 1/2 255
+257
217
UCLMA 93023 605 n. 134
UCP 10/1 58
410 n. 410
UCP 10/1 107
370 n. 31, 420
UET 3 22
217
UET 3 25
216
UET 3 51
200
UET 4 32
948
UET 4 171
925
UET 5 9
406 n. 145
UET 5 10
413
UET 5 203
367, 417
n. 192
UET 5 257
370 n. 31
UET 5 260
392
UET 6 402
363, 374, 375
UET 7 1
491 n. 32,
493 n. 51,
501 n. 88
UET 7 2
489 n. 18,
489 n. 19,
491 n. 31,
492 n. 39,
493 n. 49,
494 n. 52,
496 n. 63,
499 n. 79,
504 n. 103,
512 n. 134,
512 n. 136,
513 n. 146
UET 7 3
489 n. 19,
492 n. 34
UET 7 4
514 n. 151
UET 7 5
496 n. 58
496 n. 61
UET 7 6
489 n. 19,
492 n. 36,
492 n. 41,
493 n. 49,
511 n. 125,
515 n. 155
UET 7 7
490 n. 20,
492 n. 38,
UET 7 8
UET 7 9
UET 7 10
UET 7 11
UET 7 15
UET 7 16
UET 7 17
UET 7 18
UET
UET
UET
UET
7
7
7
7
19
20
2125
21
UET 7 23
UET 7 24
UET 7 25
493
493
518
489
491
492
493
493
499
503
516
490
492
492
495
496
496
496
489
493
493
513
517
488
496
496
492
492
491
511
512
512
491
511
512
512
513
491
511
512
512
512
513
513
513
499
496
515
508
496
512
512
513
504
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
48,
49,
169
18,
29,
34,
44,
49,
77,
99,
161
21,
33,
43,
56,
57,
59,
62
18,
44,
50,
146,
164
13,
60,
64
34,
35
30,
130,
133,
139
30,
127,
133,
139,
145
30,
129,
132
133,
139
144
141
141
79
65,
155
115
65,
134,
140,
146
102
UET
UET
UET
UET
UET
7
7
7
7
7
27
33
35
36
40
UET 7 43
UET
UET
UET
UET
7
7
7
7
46
47
48
73
UET 7 75
UM 2916340
Unger, Babylon . . .,
284
VAB 3 29 23
VAB 3 100 i
VAB 3 132 i
VAB 3 216 ii
VAB 4 68
VAB 4 148a
VAS 1 70
VAS 3 217
VAS 3 221
VAS 4 11
VAS
VAS
VAS
VAS
VAS
4
5
5
5
5
32
9
21
18
37
VAS 5 38
VAS 5 45/46
VAS 5 47
VAS
VAS
VAS
VAS
VAS
VAS
5
5
5
5
5
5
52
57/58
107
108
124
129
VAS
VAS
VAS
VAS
VAS
VAS
5
5
6
6
6
6
138
145
40
87
99
104
1199
499
509
510
511
517
518
492
517
511
511
511
488
496
496
513
513
513
493
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
79
119
121
128
167,
169
43,
165
131
124
126
13
60,
64
141,
142,
146
46
920 n. 35
962
915 n. 13
915
915 n. 13
920 n. 35
920 n. 35
945, 948
950 n. 155
950 n. 155
960
n. 212
919
952
949
948
948 n. 148,
949 n. 150
948
941
936, 937,
937 n. 104
949
936
957
948
957
936, 943
n. 126
957
954
955
955
916
957
1200
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
VAS
6 117
6 169
6 182
6 184
6 188
7 1011
7 16
7 46
7 56
8
9 5960
15 51
18 1
19 6
19 8
19 13
19 15
19 37
19 71
22 28
948
957
957
930, 936, 937
937
409 n. 162
367 n. 22
399 n. 118
367 n. 22
388 n. 82
410 n. 164, 410 n. 165
947
367 n. 22, 373, 398
532
549
527 n. 34
527 n. 34
535
527 n. 34
370 n. 29,
371 n. 32
VAS 25 12
149 n. 40
VAS 25 13
158 n. 107,
159 n. 118
VAS 25 23
149 n. 40
VAS 25 73
149 n. 40
VAS 26 26
476 n. 231
VAS 26 46
447 n. 83
VAS 26 64
451
VAS 26 65
474
VAS 26 100101 461 n. 147
VAS 26 100
463 n. 163
VAS 26 101
463 n. 163
VAS 26 118
442 n. 45
VAS 27 6
149 n. 40
VAT 4604
891 n. 46
VAT 5602
891 n. 46
VAT 5604
891 n. 44
VAT 8656
891 n. 45
VAT 8737
905 n. 135
VAT 9330
900 n. 100
VAT 9930
897 n. 78
VAT 9745
896 n. 73
VAT 10093+
883 n. 3
10266
VAT 15500
897 n. 80
VAT 16507
891 n. 44,
905 n. 135
VAT 20238
526, 530,
543 n. 89
VAT 20341
904 n. 128
VAT 20339
905 n. 135
VAT 20361
891 n. 44,
905 n. 135
VE 67
235
VE 317
VE 673
VE 674
VE 792
VE 900
VE 970
VE 108889
VE 1151
VE 1306
VE 1327
VE 1412
Veenhof, Care of
the Elderly . . .,
text B
Veenhof, Care of
the Elderly . . .,
text D
Veenhof, Care of
the Elderly . . .,
text E
Veenhof, Care of
the Elderly . . .,
no. 8
Veenhof, Three Unusual Contracts . . .
no. 2
Veenhof, Three Unusual Contracts . . .
no. 3
Visicato and
Westenholz,
Some Unpublished . . ., no. 5
W 9656g i
Westenholz 1
Westenholz 2
Westenholz 3
Westenholz 12
Westenholz 14
Westenholz 32
Westenholz, Early
Cuneiform Texts . . .,
no. 40
Westenholz, Old
Sumerian . . .,
nos. 4478
Westenhoz, Old
Sumerian . . .,
nos. 5986
231
235
235
231 n. 20
231
231
228
231
230
230 n. 15
230 n. 15
460
460
460
448 n. 90
464 n. 165
462 n. 150,
464 n. 167
164 n. 147
145 n. 21
661, 662,
662 n. 19
661, 662, 667,
675 n. 38
659, 661, 669,
673, 680 n. 54
687
671 n. 30,
680, 682
661
147 n. 31
149 n. 44,
164 n. 152
149 n. 44
Westenholz, Old
Sumerian . . .,
no. 44
Westenholz, Old
Sumerian . . .,
no. 45
Westenholz, Old
Sumerian . . .,
no. 48
Westenholz, Old
Sumerian . . .,
no. 52
Westenholz, Old
Sumerian . . .,
no. 53
Westenholz, Old
Sumerian . . .,
no. 62
Westenholz, Old
Sumerian . . .,
no. 75
Westenholz, Old
Sumerian . . .,
no. 76
Wilcke, Drei
Kltepe Texte . . .
no. 1
1201
153 n. 78,
154 n. 87
162 n. 137
162 n. 137
155 n. 95,
162 n. 137,
164 n. 153
162 n. 137
162 n. 137
164 n. 137
153 n. 81,
165 n. 154
153 n. 81
461 n. 147,
473 n. 217
Wiseman, Alalakh
Tablets see under AT
Wunsch, IddinMarduk . . .,
no. 137
943 n. 127
Wunsch, IddinMarduk . . .,
no. 209
943 n. 127
Wunsch, IddinMarduk . . .,
no. 260
943 n. 128
Yang, Sargonic
Inscriptions . . .,
no. A 650
154 n. 84
Yang, Sargonic
Inscriptions . . .,
no. A 713
159 n. 116
Yang, Sargonic
Inscriptions . . .,
no. A 815
160 n. 123
Yang, Sargonic
Inscriptions . . .,
no. 650
150 n. 50,
151 n. 61,
Yang, Sargonic
Inscriptions . . .,
no. 713
Yang, Sargonic
Inscriptions . . .,
no. 815
Yang, Sargonic
Inscriptions . . .,
no. 819
YBC 5134
YBC 5143
YNER 1 2
YOS 1 28
YOS 2 25
YOS 3 165
YOS 4 5
YOS 4 7
YOS 4 14
YOS 4 21
YOS 4 23
YOS 4 30
YOS 4 55
YOS 6 2
YOS 6 103
YOS 6 108
YOS 6 152
YOS 6 154
YOS 6 175
YOS 6 179
YOS 6 191
YOS 6 193
YOS 6 208
YOS 6 214
YOS 6 225
YOS 6 235
YOS 7 7
YOS 7 10
YOS 7 97
YOS
YOS
YOS
YOS
YOS
YOS
YOS
YOS
YOS
YOS
YOS
7 102
7 106
7 115
7 137
7 146
7 152
8 31
8 120
9 84
12 73
12 201
158 n. 107
150 n. 50,
151 n. 59
151 n. 58,
151 n. 66
578
606 n. 135
924, 962
409 n. 159
372, 399
967
213
213, 216
219
206
218
218
216
937
913 n. 6
963
963
927
965
965
923, 965
965
962
923, 965
962
923
963
922
962, 963
n. 226,
967
964
967
963
967
966
966
381
392
920 n. 35
401 n. 126
413
1202
YOS
YOS
YOS
YOS
YOS
YOS
YOS
YOS
YOS
12
13
13
13
14
14
17
17
17
282
248
376
513
40
158
1
32
322
411
382 n. 57
410
401
422 n. 209
408 n. 153
937, 938 n. 106
963
941
YOS 19 62
YOS 19 97
YOS 19 98
WZJ 8 Taf. I
ZA 3 224 [no. 2]
ZA 53 no. 17
ZA 53 no. 14
ZA 53 no. 24
ZA 53 no. 22
960 n. 215
963
963
517 n. 168
966
201, 202
216
214 n. 119
214 n. 122
Egyptian
Abu Sir papyri
Abydos III
Administrative
Letter
Admonitions of an
Egyptian Sage
Adoption Papyrus
Annals of
Assurbanipal
Banishment Stela
Biography of Weni
Book of the Dead
(chapter 125)
Bryce Tablet
Cairo (Stele) 20512
Cairo 20539
Cairo (Linen) 25975
Cairo (Stela) 30770
Cairo (Stela) J.52453
Cairo CG 58043
Con Texts
Contract of Tjenti
Coptos Decree of
Nebkheperre-Intef
Dakhla Stela
96, 106,
115 n. 188
94 n. 7
Djefa-Hapi Contracts
101 n. 68
257
293, 316, 322,
327, 331, 333,
347
790
778, 810,812
97, 106, 107,
116
344
341
276
256 n. 10
132
261, 268, 282,
301
257
119 n. 227
257
96
256
782, 787, 789,
795, 801, 803,
804, 812
Decree of Horemheb 7, 15, 28, 289,
290, 300, 302,
302 n. 139,
342, 345
Decree of Neferirkare 94, 105, 111
Decree of Sesostris I 256
Decree of Seti I
at Kanais
291
Demotic Chronicle
826
Diodorus Sic. I
820 n. 9, 821
El-Lahun archive
El-Lahun house census
Eloquent Peasant
Exemption Decree
Coptos B
Exemption Decree
Coptos D
Exemption Decree
Coptos G
Exemption Decree
Coptos L
Exemption Decree
Coptos M
Exemption Decree
Coptos O
Exemption Decree
Coptos R
Hatnub Gr. 22
Hekanakhte letters
n. 11, 828
n. 43, n. 45,
832 n. 68
256, 268,
277 n. 219,
278 n. 221,
279 n. 234
291, 337
803
779
101 n. 68,
257, 258
n. 36, 261,
265, 293,
297, 298,
307
256, 281
270
257, 267,
281
94 n. 6
131, 114
n. 187
123
94 n. 8
94 n. 11,
102 n. 75,
114 n. 180
94 n. 9
131, 94 n. 10
97 n. 38
256, 275,
276, 280, 281
or archive
Hu Bowl
Inscription of Ankhtyfy
Inscription of
Demedjibtawy
Inscription of
Henuttawy
Inscription of
t.f-3.wy
823
132
131
Legal Code of
Hermopolis see
P. Mattha
Legal Text of Mes
131 n. 327
793, 802
123
n. 267
Inscription of Maatkare 793, 795
n. 162,
802
Inscription of Metjen
96, 112
n. 168, 124
n. 277, 127
Inscription of Nikauankh 125
Inscription of Nikawre
129
Inscription of
Pepiankhheriyeb
113 n. 178,
130
Inscription of Pepinakht 97 n. 36,
107 n. 126
Instruction of Ptahhotep 120 n. 232,
124 n. 276
Inscription of
Wepemnofret
96, 126
Instruction of
Amenemhet
257
Instruction of
Amenemope
294
Instructions of the
Vizier
267
Instructions of
'Onchsheshonqy
825, 854
Israel Stela
295
Jubilee Inscription of
Osorkon II
779
Judicial Papyrus of
Turin
291 n. 19
Judicial Stela of
Amarah
335
Kahun papyri
259, 272,
277
Karnak Donation Stela
263 n. 89
Karnak Ostracon
see O. de. L.S. 462.4
Khnumhotep tomb
Inscription
277
Late Egyptian
Miscellanies
293
Late Ramesside
Letter 37
295
Late Ramesside
Letter 46
325 n. 350
Merikare
Moalla Inscription 8
Nauri Decree
Nitokris Stela
Ny Carlsberg 1539
O. Ashmolean
1945.37
+ 1945.33
+ O. Michaelides 90
O. Berlin 10627
O. Berlin 10629
1203
292, 293,
308, 311,
311 n. 227,
318, 329,
330, 334,
334 n. 423,
346
256, 257,
269 n. 140,
281
133
289, 290,
290 n. 12,
300, 322,
342, 345
791
259 n. 45
295
328
306, 323
n. 331
O. Berlin 12654
299
O. Berlin 12630
308 n. 199,
318 n. 286
O. Bodleian Library 253 325
O. BM 5624
332, 349
O. BM 5625
349
O. BM 5631
295
O. Brussel E 6311
339 n. 464
O. Cairo 25242
349 n. 546
O. Cairo 25227
323 n. 329
O. Cairo 25553
339
O. Cairo 25555
332, 349
n. 557
O. Cairo 25556
305, 308,
311, 346
n. 526
O. Cairo 25725
+ O. Louvre E. 3259 326
O. Chicago 12073
340 n. 471
O. Deir-el Med.
56 and 57
314
O. DeM 61
340 n. 470
O. DeM 62
340
O. DeM 73
305, 338
O. DeM 108
333 n. 418,
337
O. DeM 126
305
n. 171
1204
O. DeM 225
O. DeM 235
O. DeM 342
O. DeM 433
O. DeM 439
O. dem. L.S. 462.4/
Karnak Ostracon
O.
O.
O.
O.
O.
O.
O.
O.
O.
DeM 558
DeM 582
DeM 592
DeM 663
Florence 2620
Florence 2625
Gardiner 4
Gardiner 53
Gardiner 55
O.
O.
O.
O.
O.
O.
O.
O.
O.
Gardiner
Gardiner
Gardiner
Gardiner
Gardiner
Gardiner
Gardiner
Gardiner
Gardiner
O.
O.
O.
O.
67
68
103
104
137
150
152
157
165
Gardiner 166
Gardiner 204
IFAO 1277
Nash 1
O. Nash 5/O.
BM 65938
O. Petrie 4
O. Petrie 14
O. Petrie 16
O. Petrie 18
O. Petrie 67
O. Staring
O. Turin 9611
O. Turin 9754
Oracular Amuletic
Decrees
Oracular text of
Djehutymose
Osorkon Chronicle
303, 334
n. 428
318 n. 282
349 n. 555
336 n. 438,
340 n. 472
344
822 n. 17,
822, 823
n. 19, 828
302, 309
340
308 n. 198
298 n. 86
332
345
327, 349
32, 303, 305
324, 324
n. 344, 334
306
339
348
338
340
317 n. 280
338
325
309 n. 211,
329 n. 381,
338 n. 457
315 n. 259
339 n. 467
306 n. 183
298, 305,
305 n. 175,
306 n. 183,
309, 310, 314
343
340
338 n. 457
334 n. 428
323, 323
n. 328
313
308 n. 199
340
340
783, 800,
810811
781
779, 789
P. Bankes I
P. Berlin 3048
P. Berlin 3114/
P. Survey 1
P. Berlin 8523
P. Berlin 8869
P. Berlin 9010
P. Berlin 9784
P. Berlin 9785
P. Berlin 10470
P. Berlin 10496
P. Berlin 11310
P. Berlin 13535
+ 23677
P. Berlin 13544
832 n. 63
P. Bologna 1086
P. Bologna 1094
P. Bulaq 10
P. Bulaq 18
P. BM 10026
P. BM 10052, X
P. BM 10079A
P. BM 10100
P. BM 10107
P. BM 10416
P. BM 10508
P. BM 10589
P.
P.
P.
P.
BM 10726
BM 10800
BM 10845
BM Glanville
10523
P. BM Glanville
10524
P. BM Siut 10591
319 n. 293
781, 785
n. 69, 788,
799, 800,
807, 809,
811 n. 293
824 n. 2
331, 341
96, 106, 130,
130 n. 321
96, 109, 110,
110 n. 148,
n. 150, 111,
112, 117,120,
125, 125
n. 280, 132
320, 337, 338
341
261, 264, 267,
268, 273, 274,
280, 297, 300,
321
312 n. 238
106
851 n. 172
829 n. 52,
320, 328 n. 374
315 n. 262
289, 310, 335
259, 263 n. 89
840 n. 112
320
839 n. 106
341 n. 487
322 n. 319
344
825 n. 35
849 n. 155,
852 n. 179
849 n. 156
795, 805
837 n. 94
851 n. 168
839 n.
n. 102
823 n.
830 n.
831 n.
846 n.
101,
23,
57,
59,
135
P. Brooklyn 16.205
P. Brooklyn 35.1445
P. Brooklyn 35.1446
P.
P.
P.
P.
P.
P.
Brooklyn 37.1799 E
Cairo 30646
Cairo 30907/9
Cairo 50108
Cairo 58043
Cairo CG 58056
P. Cairo CG 58092
P. Cairo 65739
P. Cairo JdE
8012789130
P. Cairo JdE
8913789143
P. Chicago Hawara
I/P. Oriental
Institute 17481
781, 793,
794, 805
263, 278
n. 223
255, 256, 259,
260, 266, 267,
269, 270, 271,
271 n. 163,
272, 272 n. 173,
275, 276
812
826 n. 36
799
821 n. 13
96 n. 32
318, 341
n. 487
295 n. 53
311, 317,
320
P. Kahun I.1
P. Kahun I.3
P. Kahun II.1
P. Kahun VII.1
P.
P.
P.
P.
Kahun XV.1
Lansing
Lee
Leiden F 1942/5.15
P.
P.
P.
P.
P.
P.
Leiden I 371
Leiden I 379
Leopold
Louvre 3168
Louvre E 3228b
Louvre E 3228c
821 n. 12
821 n. 12
835 n. 83,
846 n. 135
P. Col. Zenon II 83
850 n. 163
P. Deir el Medina 26 293, 343
P. DeM 27
309, 343
P. dem. Adler 22
824 n. 28
P. dem Michigan 3523 853 n. 185
P. dem Reinach 4
847 n. 141
P. dem wiss. Strasb.
832 n. 64
P. Dodgson
854 n. 188,
855
P. Eg.Soc.Pap.
849 n. 156
P. Greek Amherst 30
824 n. 27
P. Gurob II, 1
341
P. Gurob II, 2
303
P. Harageh 3
263
P. Hauswaldt 9
846 n. 136
P. Hauswaldt 13
840 n. 110
P. Hauswaldt 16
851 n. 172
P. Hekanakht no. 1
276, 276
n. 213
P. Hekanakht no. 2
276 n. 213
P. Kahun 12.1
266, 274
n. 189
P. Kahun 13
280
P. Kahun 22
256
P. Kahun 1.2
272, 280,
280 n. 241
P. Louvre E 3228d
P. Louvre E 3228e
P. Louvre E 3228f
P.
P.
P.
P.
P.
P.
Louvre 3230
Louvre 7128
Louvre 7832
Louvre 7851
Louvre E 7856
Mattha/Legal Code
of Hermopolis
P. Oriental Institute
17481 see P.
Chicago Hawara I
P. Oxy. 3285
P. Queens College
1205
268, 275,
275 n. 197,
276, 276
n. 204,
280 n. 241
268
262, 268,
279
275, 278
n. 228, 280
270 n. 157
293
315
806, 806
n. 257
326, 350
833 n. 70
307
807
788, 808
782, 791,
792, 793,
795, 797,
800, 807,
807 n. 264
797, 801,
807 n. 264
806, 807
n. 264
797 n. 180,
807 n. 264
321
824 n. 27
838 n. 96
796
810
8, 11, 58,
778, 821,
830, 830
n. 54, 831
n. 60, 832
n. 63, 839,
839 n. 101,
840, 840
n. 107,
841, 841
n. 120, 848
n. 144,
852 n. 179
821 n. 12
781
1206
P. Reinhardt
P. Reisner 1
P. Rylands 9
P. Salt 124/P.
BM 10055
P. Strassburg 26
P. Strassburg 39
P. Tebt. I 5
P.
P.
P.
P.
Tebt. I 14
Tebt. Botti 3
Tor. 1
Turin 1880
P. Turin 1881
P. Turin 1887/Turin
Indictment Papyrus
P. Turin 1977
P. Turin 2021
P. Turin cat.
2070/154 II
P. Turin 2071/
224+1960
P. Turin cat. 2072/142
P. Turin ( Journal of
the Theban
Necropolis B)
P. Valencay 1
P. Vatican 10574
P. Warsaw 148.288
Papyrus Westcar
Papyrus Wilbour
P. Wien D 10150
Pherendates
Correspondence
Piankhy Prohibition Stela
Ptahhotep
Reinhardt papyrus
Report of Wenamun
Rylands Group
Sale of Tjenti
Setne Story
291 n. 23,
780, 789
266
781, 823,
852 n. 174,
853 n. 182
291, 300,
343, 345
798 n. 189
314 n. 253,
798
822 n. 16,
832 n. 66
853 n. 182
819 n. 3
831 n. 59
308 n. 198,
326
339
291, 343,
346, 348
306 n. 186
289, 293,
299, 312,
324, 324
n. 340, 327,
333
Stela of Emhab
336
299
299 n. 98
339
331
793
852 n. 176
257, 266
291, 291
n. 23, 318,
318 n. 283,
329, 330
840 n. 114
826 n. 39
810 n. 290
267
329
294, 781
834 n. 78
110 n. 152,
128
825
Stle juridique
Stela
(E
Stela
Stela
Louvre C 258
3336)
of Merer
of Sheshonq
1,
1,
1,
1,
1,
1,
1,
2/10
911
11
12
14
15
16
Urkunden 1, 24
788
808
782, 799,
801, 803,
804, 804
n. 243
116
811
279
312, 791,
797, 802
n. 221,
803, 811,
813
293, 293
n. 33, 311,
312 n. 241,
337
319 n. 292,
339
777 n. 3
124 n. 275
788, 797,
812 n. 304
294, 317
n. 280
257
313
780
794 n. 152,
808, 809
294, 295
783
97
256
291, 315,
344
116 n. 199,
122
127
116 n. 199
124 n. 277
99, 123
124 n. 276
123 n. 270
124 n. 277,
125 n. 281
124 n. 277
Urkunden 1, 30
Urkunden 1, 35
Urkunden 1, 36
Urkunden 1, 50
Urkunden
Urkunden
Urkunden
Urkunden
1,
1,
1,
1,
52
71
77
99
Urkunden
Urkunden
Urkunden
Urkunden
Urkunden
Urkunden
1,
1,
1,
1,
1,
1,
100
101
102
106
11517
133
Urkunden 1, 157
Urkunden 1, 158
Urkunden 1, 16365
109 n. 142
117, 128
n. 310
129
121 n. 244,
129
119 n. 226
121 n. 244
118 n. 220
107, 99
n. 48, 105
n. 107
106, 107
107, 111
130 n. 32
103 n. 89
165 n. 204
97 n. 36,
107 n. 126
129
110 n. 152
125 n. 283
Urkunden
Urkunden
Urkunden
Urkunden
Urkunden
1,
1,
1,
1,
1,
1207
170172
211
214
217
223
Urkunden 1, 226
Urkunden 1, 27880
Victory Stela of Piye
Wepemnofret
Will of Heti
Will of Iuwelot
see Stle de
lapanage
Will of Naunakhte
Will of Senimose
Zivilprozeordnung
94 n. 15
115 n. 191
114 n. 186
118 n. 220
113 n. 178,
30 n. 324
132 n. 334
124, 128
n. 308
779, 783
333 n. 418
124
60, 293,
312, 316,
333 n. 418,
335
299, 333
n. 418, 334
821
Elephantine
EPE B3:35
EPE B9:46
EPE B10
EPE B1011
EPE B11
EPE B13
EPE B13:2
EPE B14
EPE B15:34
EPE B17:810
EPE B17:9
EPE B19:45
EPE B19:15, 20,
2627
EPE B19:22
EPE B1920
EPE B20:4
EPE B2122
EPE B22:56
EPE B23:9
EPE B23:13
EPE B2333
EPE B24
EPE B24:47
EPE B24:11
EPE B24:19
EPE B24
EPE B25
EPE B25:3
873
878
867, 869
864
866
866, 868
865
866
867
868
869
865
872
871
868
865
866
869, 871
871
871
863
870
869
871
871
864
863, 872, 878
879
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
EPE
B25:45
B25:8
B25:910
B25:1518
B25:1819
B25:2327
B28
B28:2
B28:4
B28:45
B28:616
B28:15
B28:1722
B28:2231
B28:27
B28:2931
B28:3235
B29
B29:26
B29:3
B29:10
B29:1112
B29:1720
B30
B30:2
B30:23
B30:46
B31
B31:10
878
871
880
880
880
879
875
871
45, 875
875
876
872
876
876
875
876
876
872
878
878
871
879
879
870, 872
871
871
869
864, 867, 870
871
1208
EPE B32
EPE B33
EPE B33:45
EPE B33:47
EPE B34
EPE B34:2
EPE B34:3
EPE B34:710
EPE B3446
EPE B35
EPE B35:2
EPE B36
EPE B36:34
EPE B36:67, 16
EPE B36:710
EPE B36:1013
EPE B36:1314
EPE B36:14
EPE B36:17
EPE B37
EPE B37:2
EPE B37:23
EPE B37:4
EPE B37:45
EPE B37:56
EPE B37:67
EPE B37:11
EPE B37:1119
EPE B37:1923
EPE B37:2325
EPE B37:25
EPE B38
EPE B38:2
EPE B38:3
EPE B38:4
EPE B38:58
EPE B38:1620
EPE B38:1920
EPE B38:25
EPE B39
EPE B39:2
EPE B39:3
EPE B39:17
EPE B40
EPE B40:34
EPE B40:4
EPE B41
EPE B41:3
EPE B41:4
EPE B41:45
EPE B41:521
EPE B41:17
EPE B41:2128
EPE B41:2830,
3436
867,
872,
871
873
863,
872
880
873
863
870
871
874,
875
876
876
876
873
876
875
863,
871
872
878
878
877
878
878
873
879
879
877
863,
872,
878
879
878
873
871
877
875
872
873
871
863,
878
878
875
872
875
875
876
872
876
876
872
873, 874
872, 880
875
877
872, 877
874
872, 877
EPE B41:32
EPE B41:3334
EPE B41:3637
EPE B41:3740
EPE B42
EPE B43
EPE B43:2
EPE B43:2, 1617
EPE B43:3
EPE B43:1213
EPE B43:17
EPE B43:2122
EPE B43:27
EPE B4344
EPE B44
EPE B44:23
EPE B44:7sl
EPE B44:89
EPE B44:911
EPE B44:11
EPE B44:1517
EPE B44:21
EPE B45
EPE B45:1
EPE B45:2
EPE B45:2, 11, 24
EPE B45:45
EPE B45:5
EPE B45:6
EPE B45:68
EPE B45:20
EPE B45:2224
EPE B45:2430
EPE B45:29
EPE B45:3132
EPE B45:3334
EPE B45:35
EPE B46
EPE B46:24
EPE B46:911
EPE B47
EPE B48
EPE B48:1
EPE B49
EPE B49:12
EPE B50
EPE B51
EPE B51:3
EPE B52
EPE C1, 3
EPE C11:1
EPE C35:3
TAD A5.15
TAD A5.2
TAD A5.2:67
876
877
877
877
867, 874
872, 877
872
879
878
878
873
880
877
863
877
878
875
876
880
880
880
877
863, 877
872
875
875
878
877
878
878
871
878
879
879
879
879
877
863, 880
880
873
867, 869, 872
863, 880
880
863, 873
871
869
863, 872
880
863, 869
866
867 n. 2
867 n. 2
864
864, 867, 870
869
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
TAD
A6.316
A6.4
B2.3:13
B3.1:13, 19
B3.12:28
B34
B4.1, 35
B4.5:23
B4.6:14
B6.1:34
B6.4
B7.1
B7.1, 4
B8.112
B8.6
864
865
868,
868,
868,
867
863
880
868,
875
875
869
863
864
870
870
870
870
870
TAD B8.7
TAD B8.8
TAD C1.1:610, 12,
1415
TAD C2.1
TAD C3.14
TAD C3.15
TAD C910
TAD C13:23
TAD D2.11:1
TAD D3.16
TAD D7.6:25
TAD D7.9:38
TAD D7.17:10
TAD D7.43:7
1209
870
870
864
864
868
869, 872
871
875
871
876
873
873
873
873
Israelite (Epigraphical)
Kunillet Ajrud
987
Mead Hashavyahu
981, 1022