A History of Ancient Near Eastern Law

(Romina) #1

7.3 Pledge^123


The attested pledges are antichretic in character: the income from
the pledge served as interest. Arable land, although not sold, might
be pledged, often in a transaction that made the creditor the “tenant”
of the debtor.^124 Persons pledged could be the debtor’s children, his
slaves, or himself.^125 With fields, the tenancy is not limited but would
seem to be for annual loans. With persons, no rate of interest is
stated, but the length of service may be limited, for example, to five
years. Further penalties are imposed on the debtor for the pledge’s
delinquency (TuM n.F. 1/2 32 = Steinkeller, “Ur III.. .,” app., no. 6).
Forfeit of pledge on default is only attested in the form of forced
sale of slaves. Some were still redeemable (NG 8), but others may
have been definitively alienated (Verfallspfand: NG 30, 116).

7.4 Debt and Social Justice


In several court records it is noted that a slave was sold “without
an order of the king/palace having been handed down” (inim.. .“ub:
NG 43, 71, 97). It has been suggested that this refers to a royal
slave-release decree.^126 In MVN 2 2, it is reported that the grand
vizier (sukkal-ma¢) cancelled the arrears on the debt of two indi-
viduals because “he was killed and his house destroyed” (ba-gaz é
¢ul-a).

7.5 Suretyship^127


To go surety for someone is expressed in this period with the phrase
“u-du 8 -a-ni...de 6 , the etymology of which does not reveal its legal
purpose.^128 Although an oath is not always mentioned, when surety-
ship is expressed elliptically, it is most frequently by way of an oath
to perform the substance of the obligation. It is reasonably certain,

(^123) Falkenstein, GerichtsurkundenI.. ., 118–19; Steinkeller, “Ur III...”
(^124) See Steinkeller, “Ur III.. .” and the sources edited as nos. 1–5 and 12–21
of the appendix.
(^125) See Steinkeller, “Ur III.. .,” app., nos. 6–11; also NG 117 (children and
slave), 195:2–10; Limet, Textes.. ., no. 12 (slave); NATN 31 (self ).
(^126) Falkenstein, GerichtsurkundenI.. ., 90–91; Steinkeller, Sale.. ., 99–100.
(^127) Falkenstein, GerichtsurkundenI.. ., 116–18; Sauren, “Bürgschaftsrecht.. .”;
Steinkeller, Sale.. ., 80–89.
(^128) For conflicting views, see Falkenstein, Gerichtsurkunden.. ., 116, and Malul,
Symbolism.. ., 229–31.
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