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7.6.3 Judah contracts for the services of what he thinks is a pros-
titute, promising as payment a kid goat from his flock (Gen. 38:15–17).
The technical term for a prostitute’s fee was "etnan zonah(Deut. 23:19).7.7 Deposit
7.7.1 Exodus 22:6–8 discusses loss of an item deposited through theft.
It lays down a procedure for determining whether the depositee’s
claim of theft by a third party was fraudulent; the exact nature of
the procedure, whether by oath, oracle or other means, is unclear.^667.7.2 A specialized form of deposit is the herding contract, known
also from Mesopotamia, whereby a shepherd is entrusted with the
owner’s animals in return for a share of the herd’s increase. Exodus
22:9–12 holds the shepherd liable for theft of individual animals but
not for losses through death or injury, provided that he swears an
oath denying fraud, nor by wild beasts, provided that the shepherd
brings the remains of the devoured animal as evidence. Jacob nego-
tiates a herding contract with Laban based on the same principles,
albeit on apparently disadvantageous terms (Gen. 30:27–43). Jacob
later points out that he did not bring carcasses to Laban in order
to take advantage of the exemption for wild beasts (Gen. 31:39).^67
Joseph’s brothers, on the other hand, bring his bloody cloak to Jacob
to “prove” that he was killed by a wild animal (Gen. 37:32–33).7.7.3 An unusual contract of deposit occurs where a soldier agrees
to guard a prisoner of war for another soldier. He also agrees to a
special penalty if the prisoner escapes: death or the payment of a
talent of silver (an impossibly high sum). When he in fact defaults,
he unsuccessfully appeals to the king, who regards his contract as
valid and binding (1 Kings 20:39–43).7.8 Terms are recorded for two marriage contracts between groom
and father-in-law: Laban agrees to give Jacob his daughters in return
for service as a shepherd (Gen. 29:15–28); Saul agrees to give David
his daughter in return for military exploits (1 Sam. 18:25–27; 2 Sam.
3:14).(^66) Cf. Otto, “Depositenrecht.. .,” and Westbrook, “Deposit Law...”
(^67) Finkelstein, “Herding Contract...”
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