A History of Ancient Near Eastern Law

(Romina) #1
3.3.5 The terminology of judgment varies. The request to render
justice is worded di-bi di ¢é-bé “may he render justice in this case”
(literally: “may he speak a judgment for this litigation”). The OS
documents from Laga“and Isin and Adab texts (one each) from the
Sargonic period use the verb di-ku 5 .r “to judge,” “to render a judg-
ment”, (lit., “to break offthe litigation”).^83 Very frequent is the use
of the verb si-sá “to be/make straight/just,” “to render justice” in
the formulation PN (+function)-e di-bi si bí-sá “The official PN ren-
dered justice in this case.”^84 Twice the Akkadian expression dìnam
dìànumis used.^85

3.3.6 The judgment may be a direct decision closing the case (di-
til-la)^86 in favor of one party.^87 It may also be a decision depending
on further proof. This can be realized by a declaratory oath (nam-
érim) of one of the parties^88 or of one or more witnesses to the fact
or to the original transaction.^89 As the oath will be taken in a tem-

thoroughly”; iv 11–12: saºg gu-“è <bar> im-mi-tam “He examined it here thor-
oughly.” This interpretation is not without difficulties.

(^83) SRU 78 (OS ΩGirsu), 78a (Sargonic Isin); FAOS 19 17 (Sargonic Adab).
(^84) See SRU p. 219 s.v. di; Yang, Sargonic Inscriptions.. ., A 650, 5–8; Steinkeller,
Third-Millennium.. ., no. 6 (TIM 9 100): 7–8; cf. Krecher, “Neue sumerische...,”
no. 25:10: ma“kim d[i] si sá-a-bi; SRU 82:10: di-bi si ab-sá “in this lawsuit justice
was rendered.” Edzard and Krecher translate di si--sá as “Prozeß 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 doc-
uments, and since in SRU 88 three persons jointly “rendered justice in this law-
suit,” it seems difficult to conceive of such a remote role for the official(s) in charge
of the case.
(^85) Steinkeller, Third-Millennium.. ., no. 74: 23–24; MVN 9 193: 5–7.
(^86) SRU 79: 11. This short list records payments made by different 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 bailiffs,” MAD 1, nos. 208, 228 and 242, should be similarly understood
as . 5 PN 1 , amount ×(sc. of silver), PN 2 , ““Judgment for PN 1 , (who paid)
the amount ×for the commissioner PN 2 .”
(^87) Yang, Sargonic Inscriptions.. ., no. 650: 5–8: “Because of 10 shekels of silver,
Lugal-ºgi“, the governor of Adab, decided the case for Ur-Enlila.k (di Ur-dEn-líl-lá-
[ra] si b[í-sá]).”
(^88) SRU 81.
(^89) SRU 82:13–15 where I restore: lú in[im-ma-k]e 4 -ne, ì-g[i-né-é]“, nam-[érim-“è
b]a-an-¢“úmÜ-[mu-u“] “The witnesses confirmed 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.
154 
WESTBROOK_F4_141-181 8/27/03 1:40 PM Page 154

Free download pdf