A History of Ancient Near Eastern Law

(Romina) #1
7.1.3 A rare representation of a sale transaction is in the tomb of
›nmw- ̇tp and Nj-'n¢-flnmwin Saqqara, with the text “cubits X of
cloth for payment of 6 shat.”^311 The very existence of independent
merchants in this period has been doubted.^312

7.1.4 It was presumably possible to alienate property deriving from
mortuary endowments through a sale or transfer document; this may
be assumed, for example, from the stipulations forbidding such actions
as found in Urk. 1, 36, 9–10.
While not an explicit contract agreement document, Urk. 1, 50,
3–7, implies a type of contract or understanding between a tomb
builder and the construction workers, who are assured compensa-
tion in goods for their work.^313

7.1.5 There is some variation in format in the sale or transfer doc-
uments. Thus, according to Goedicke, the inscription of Nikawre is
also essentially an example of a fimy.t-pr, although it apparently lacks
a date or a confirmation through a list of witnesses.^314 It is not clear
whether through this document a complete transfer of property took
place or whether it needed another confirmation, as is the case for
the New Kingdom.^315 Renunciation clauses are already attested in
the later Old Kingdom.^316

7.2 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” (quot-
ing Urk. 1, 157).^318

(^311) Moussa and Altenmüller, Nianchchnum.. ., 85. See also Menu, Recherches...,65.
(^312) For “wty, “merchant” (not attested before the New Kingdom), see Römer,
“Handel und Kaufleute.. .,” 270. See further Eyre, “Work.. .,” 31–32; Helck, Wirt-
schaftsgeschichte.. ., 114–15, 120–25; Müller-Wöllermann, “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...,75–76; Pirenne,
Histoire.. ., 2, 319–23; Müller-Wöllerman, “Warenaustausch.. .,” 132, 145–46; Eyre,
“Work.. .,” 31.
(^314) Goedicke, Rechtsinschriften.. ., 22–23.
(^315) Ibid., 28
(^316) Allam, “Obligations.. .,” 95. See also Goedicke, “Bilateral Business.. .,” 79–81.
(^317) See, e.g., Seidl, Einführung.. ., 54.
(^318) Ibid., 52.
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