A History of Ancient Near Eastern Law

(Romina) #1
7.1.5.3.2 Among six Akkadian texts recording slave purchases, two^188
introduce a guarantor: (subject) (object) yuqìp.
MVN 3 102 is special in two respects: three witnesses are qualified
as ma“ka"en (“..) (see 4.2 above), and they are called “ìbùt
ki““àtim, marking the sale of the girl sold by her father and brother
as one of debt bondage caused by an offence.^189 The receipt of the
price by the sellers recorded in the document might therefore be
fictitious.

7.2 Exchange


An exchange of a field for a garden is recorded once, with the oper-
ative clauses ab-“i-ºgar “he put it for it” and ba-§re 6 “he carried it
away” = “he took possession of it.”^190 Another exchange of landed
property is styled as a purchase: the “price” of a garden consists of
another (bigger!) garden, a house and ten shekels of silver. The “pur-
chaser” is again said to have carried away the “price.”^191

7.3 Loan


7.3.1 Loans may either take the form of a receipt (using “u--ti =
ma¢àrum“to receive”) or that of a debt note acknowledging an oblig-
ation due to the creditor.^192 Rarely were they committed to writing
as witnessed contracts, despite the important role they played in eco-
nomic life.^193 Much more frequent are debt notes without witnesses.^194
The Sumerian term ur 5 “interest-bearing loan” is used in OS texts
from ΩGirsu and occasionally in Sargonic times;^195 texts from the

(^188) MVN 3 102; Foster, “Business Documents.. .,” no. 1, plus another unpub-
lished document: MAD 3 222, quoted by Foster “Business Documents.. .,” 148;
CAD M s.v. muqippu.
(^189) See Steinkeller, “(z)a-á“-da...”; Wilcke, “Die Lesung.. .”; Westbrook, “zíz.da.. .”
(^190) SRU 21.
(^191) Grand document juridique, N (Wilcke, “Neue Rechtsurkunden.. .,” 60).
(^192) tuku with the ergative of the creditor and the comitative of the debtor: MAD
4 41:10–12; al (ittiin Susa)yi“û: MAD 5 21:3–5; or simply “it is
on ”: al yiba““i: BIN 8 125:6–8.
(^193) E.g., SRU 75 (ΩGirsu), 74, 77 (Adab), and 76 (Nippur); MAD 4 124 (Umma);
4 (E“nuna?); Gelb, Old Akkadian.. ., no. 15 (Diyala region); MAD 5 21 (Ki“).
(^194) E.g., SRU 72–73.
(^195) Bauer, “Darlehensurkunden.. .”; Steinkeller, “The Renting.. .”; MAD 5
71:17–21 (Umma): “The wife of the cook E. has received 16 heaped kor of bar-
ley from the house of the smith L. as an interest bearing loan. She has not paid
it back.”
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