A History of Ancient Near Eastern Law

The meaning of the nail-and-oil clause seems to be the protection

of the purchaser from any attempt by the seller’s side to contest the

concluded contract. Driving in the nail evokes an analogous pun-

ishment,^169 namely, driving a nail into the offender’s mouth, as attested

by the penalty clause in a slave sale contract.^170 Anointing the nail

and its place in the wall makes them sacred.

7.1.5.1.3 Purchase of slaves is first recorded in the reign of En-

metena.k.^171 Except for the oldest example, which follows the form

of sales of landed property, they display a different form:

(1) O, (2) from (s) (3) (4) bought from him. (5a)

His/her (= ’) price, (5b) , (6) (7) weighed out

for him/her (= )/gave to him/her (= (s)). (8)   -

. (9) (oil+nail clauses).

The gifts that are standard in sales of landed property are lacking.^172

7.1.5.1.4 In Sargonic Laga“, slave purchases display a new form

marking the change of possession. This innovation seems to have

taken place in several steps, the last occurring in the time of the

governor Lugal-u“umgal, who officiated under the kings Naràm-Su"en

and ”ar-kali-“arrì.^173 The first step was the introduction of a new

clause recording that the object sold had passed over a wood(en pes-

tle).^174 The second step was putting price, payment, and receipt at

the beginning of the document, as follows:

(1) Pis the price of (). (2) Pweighed it out for

him/her/them. (3) Sreceived it. (4) He made him/her/them pass

over the wood(en pestle). L  .^175

(^169) See the references and the discussion in ELTS pp. 240–242. I differ from the
authors, who assume that the contract was written on a perforated clay nail and
fixed either in the wall of a house or in a public place.
(^170) SRU 43, discussed together with its parallels by Krecher, “Neue sumerische.. .,”
188–92, Müller, “Ursprung.. .,” and Kienast, “Verzichtklausel...” See also Edzard,
“Zum Sumerischen Eid...”
(^171) SRU 40–45; the earliest is no. 43.
(^172) In SRU 30, no “gift” is mentioned, but the price includes things given as
níºg-ba in other documents.
(^173) See Sollberger, “Sur la chronologie.. .,” 30f.
(^174) Edzard, “Die bukànum-Formel.. .”; Malul, “The bukannum-Clause...”
(^175) SRU 47–52; Donbaz and Foster, Sargonic Texts.. ., no. 155; ITT 1 1041 after
ELTS pl. 147.
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