Name of the king! If I owe you half a grain, I shall pay you two
minas” (NATN 571). It was not decisive.^513.2.5 Where the court gives a verdict, it may be expressed in a
variety of ways, such as a completed action by the successful party
(“PN has taken the slave”), a future action by the defeated party
(“PN 2 shall pay x shekels”), or as an action of the court: “the slave
is adjudged to PN” (ba-na-gi-in), “PN 3 was pronounced free” (ba-
an-ku 4 ). Concession by the loser involved a symbolic act—“with-
drawing the garment” (túg-ùr), although the same gesture could also
be used by the winner to declare his freedom from claims (e.g. NG
207:15–18).^52 An oath by the loser not to raise claims again (nu-ù-
gi 4 -gi 4 -da) is seldom attested and only by an unsuccessful plaintiff.3.2.6 The king had the power of pardon.^53
3.3 Evidence
3.3.1 Slaves could give evidence under oath, even about matters
not related to their status (NG 126).3.3.2 In NG 202:10–14, a defendant brings witnesses to prove that
he had not murdered the plaintiff’s husband, presumably to meet a
prima facie case. Witnesses were usually multiple; if their evidence
was challenged, the court could put one or more of them to the
oath (NG 99:23–31, 30, 110). It could also impose the oath on one
of the parties (NG 99:11–14) or cumulatively on a party and their
witnesses (NG 127). Reasons given for a party taking the oath is
that the other party rejected his witnesses (e.g., NG 107; Sigrist 2)
or that his witnesses have died (NG 212). Otherwise, an oath by a
party is much rarer than by witnesses. The court can also call upon
non-party witnesses with local knowledge (NG 101) and if the party’s
witnesses to a transaction are challenged, impose the oath upon a
party to that transaction, albeit not himself a party to the litigation
(NG 18).(^51) See, e.g., Sollberger, no. 9:iii 5–9; Steinkeller, S. 5. See also Steinkeller,Sale...,
75–80.
(^52) See Malul, Symbolism.. ., 337–42.
(^53) Roth, “Reassessment.. .,” l. 8: in-na-ti (“he caused him to live”).
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