A History of Ancient Near Eastern Law

(Romina) #1
upon the rank of the beneficiary. These prebends were in theory
inalienable, being granted only in exchange for the beneficiary’s ser-
vices, but despite this, cases are attested of such lands being alien-
ated. Thus, a widow from Nippur disposes as she wishes of a field
inherited from her husband, to whom it had been allotted (NATN
258), and an original prebend-holder from Umma does not hesi-
tate to relinquish a part of his officially allotted land to his credi-
tor (YOS 4 21).^90


  1. “Leased lands” (gán-uru 4 -lá), let to farmers for a rent paid partly
    in silver and partly in barley, which regularly amounts to one third
    of the harvest. It is supplemented by a tax (má“a-“à-ga) which the
    administration levied to finance the cost of irrigation and which the
    farmer paid in advance, in silver.^91


6.2 Inheritance^92


6.2.1 Succession to Paternal Estate


6.2.1.1 On the death of the father, his natural successors were his
sons. The term for heir, ibila, might equally well be translated “son
and heir.”^93 Daughters did not normally inherit a share of the pater-
nal estate, but according to one law code, if the father died leaving
no son, his unmarried daughter should become his ibila.^94 In NG
204:34–37 two apparently adoptive daughters are called ibila.

6.2.1.2 Two texts state that since the deceased had no ibila, his
estate could pass to the deceased’s brother. In both cases the brother
is explicitly not an ibila and his succession appears to have required
a court order (NG 80, 183:8'–20'). It may therefore be that inheri-
tance by brothers or more distant relatives was not automatic.

6.2.1.3 Succession was universal: the heirs inherited the deceased’s
whole estate, including his liabilities as well as his assets (NG 183:8'–20').
Assets included claims which the heir could pursue in litigation (NG

(^90) For these texts, see Steinkeller,Sale.. ., 99–100; Lafont (S.), “Fief.. .,” 534–36;
Steinkeller, “Money-Lending.. .,” 120.
(^91) Steinkeller, “Renting of Fields...”
(^92) Falkenstein, GerichtsurkundenI.. ., 111–16.
(^93) The sign is, in fact, composed of the signs for ‘child’ (dumu) and ‘male’ (nita 2 ),
but in some legal documents it is spelled phonetically.
(^94) LU §a9', as attributed by Wilcke, “Der Codex Urnamma.. .”; Laws of Lipit-
Ishtar §b according to Roth, Law Collections.. ., 26. See 1.1 and n. 3 above.
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