A History of Ancient Near Eastern Law

(Romina) #1
Dynasty), when endowing his mortuary cult, mentions two equal
plots of land belonging to his mother. One aroura is given to his
wife, and four servants are assigned to her and named as usufruc-
tuaries.^205 Urk. 1, 35, is the record of a mortuary endowment given
to a woman through a transfer document (fimy.t-pr) by her father.^206

4.3.4 Pirenne argued on the basis of P. Berlin 9010 (Sixth Dynasty)
that women during the later Old Kingdom endured a period of
reduced legal status. According to this view, a woman is under the
guardianship of her husband or, following his death, of her eldest
son or a court-appointed guardian.^207 Family lands or endowments
were always controlled as an entity by the “eldest son.”^208 On one
son’s death, the next in line would become the administrator or
trustee of the estate. Daughters did not figure in this hierarchy.
However, other scholars have challenged Pirenne’s view,^209 and even
supporters of Pirenne emphasize that this does not mean daughters
or women in general had no legal rights at the end of the Old
Kingdom.^210

4.4 Slavery


4.4.1 Terminology
There is little evidence for slavery in the Old Kingdom;^211 never-
theless, there were clearly “unfree” persons, whose personal rights
and mobility seem to have been restricted (e.g., the mr.t).^212 Even

(^205) Johnson, “Legal Status.. .,” 184.
(^206) One phrase in this text seems curious: “As for these children given to me by
my father through a fimy.t-pr-document” (Edel, Grammatik.. ., 319, parag. 646); see
also Harari, “Capacité.. .,” 41–42; Allam, “Zur Adoption.. .,” 6.
(^207) Théodoridès, “Concept of Law.. .,” 296. See also Théodoridès, “Propriété.. .,”
45; Malaise, “Position.. .,” esp. 184; Goedicke, Rechtsinschriften.. ., 212; Boochs,
“Zur Funktion des Sn-≈.t,” 5.
(^208) Théodoridès, “Concept of Law.. .,” 296–97.
(^209) Goedicke, Rechtsinschriften.. ., 42–43. Pestman, Marriage.. ., 183. See also Seidl,
Einführung.. ., 43.
(^210) Théodoridès, “Concept of Law.. .,” 297.
(^211) See Bakir, Slavery.. ., 64 (who, however, does believe that it existed); Gödecken,
Meten.. ., 287; Goedicke, Rechtsinschriften.. ., 43; Eyre, “Work.. .,” 37; Hornung,
Grundzüge.. ., 22; Lorton, “Legal and Social Institutions.. .,” 351. For the distinc-
tion between slavery and serfdom, see Bakir, Slavery.. ., 6–7. He renders several of
the terms generally now translated as “servants” or “wage-earners” (e.g., fisw.w) as
“slave” (Slavery.. ., 14).
(^212) Gugesell, “Entstehung.. .,” 78. Cf. Loprieno, Egyptians.. ., 195.
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