A History of Ancient Near Eastern Law

(Romina) #1
6.2.2.2 Two other (possibly related) texts from this archive refer to
female inheritance. One lists “property of the mother” and continues:
“a sister renounced (all claims) in favor of the sister.” In the other,
Ama-níºg-tu.d renounces claims to the listed property of Za-pa"e.^154

6.2.3 Gudea (Stat. B vii 44–46) introduced the right of a daughter
to become an heir to her parental estate, that is, not just to her
mother’s property.


  1. C


The documents of this period are never title-deeds. They serve as
an aide-mémoire and do not create a claim to something or against
somebody. The contract is an oral procedure which may be accom-
panied by legally operative actions, either symbolic or directly effective
(e.g., payment).

7.1 Sale


The commonly held view that Mesopotamian sale was a cash trans-
action (Barkauf ), in which ownership was transferred by payment of
the price,^155 is contradicted by the Sargonic document MVN 3 81
(see 7.1.5.2.2 and 7.3.2 below) and by the possibility of crediting the
price (see 7.3.2).

7.1.1 Terminology
The Sumerian word “to buy” is sa 10 , from which the word “price”
is derived: níºg-sa 10 .m (< *níºg sa 10 -a-m “it is the thing which bought”),
sometimes shortened to simple sa 10 .m (< *sa 10 -a-m “it is what has
bought”). This again produces words for “buyer” (lú níºg-sa 10 .m ak,
“price maker”) and seller (lú níºg-sa 10 .m kú, “price consumer”). The
buyer may also be called “the person who bought the object” (lú
 sa 10 -a ). Additional parts of the price are: níºg-diri.g “addi-
tion,” níºg-ba “gift,” munsub—ku 5 .§r “haircut,” i“-gána < i“kinù, orig-
inally perhaps “installation,” but changing in meaning over time to
“extra payment in kind in a fixed ratio to the price” and, finally,

(^154) Westenholz, “Old Sumerian.. .,” no. 75:15–17.
(^155) See, e.g., San Nicolò, Schlussklauseln.. ., 45–70.
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