A History of Ancient Near Eastern Law

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3.1 Parties


The scant information we have suggests that any adult could be a
party to a dispute. Women are represented as petitioners and do
not have to be represented by men.

3.2 Procedure


3.2.1 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 con-
fession and a ritual of expiation might avert the divine sanction (Lev.
5:1–10). Ignoring the curse is considered abetting criminals (Prov.
29:24). The Book of Judges records that the mother of Micah pro-
nounced 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. 17:1–3).

3.2.1.2 The Book of Joshua relates a divinatory procedure, lots, to
discover the perpetrator of a crime—taking 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 Achan’s
confession, but they established reason to search Achan’s quarters,
and when the stolen items were discovered, he and his household
were stoned and burned ( Josh. 7:16–26).

3.2.1.3 A procedure could also be initiated by an accusation brought
by a witness (1 Kings 21:11–13). 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 find local authorities to hear the case. The prophets

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