A History of Ancient Near Eastern Law

therefore, that the legal basis of the obligation was a promissory

oath. Suretyship had a wide range of applications, as noted below.

7.5.1 In sale, the surety guaranteed the buyer good title on behalf

of the seller. The terminology is slightly different: the verb is gi(n),

and the guarantor is lú-gi-na-ab-túm. The guarantor functioned as

a co-seller, against whom the buyer could proceed if the seller failed

to meet his obligations. The specific duty therefore varied accord-

ing to the duty of the seller: in Steinkeller 127, the guarantor of a

woman who sold herself into slavery had to substitute her own per-

son if a third party reclaimed the seller/slave from the buyer. In

MVN 3 219 (= Steinkeller S.1), the guarantor had to recompense

the buyer (or pay directly) the price and the fine imposed when the

sheep sold turned out to be stolen.^129

7.5.2 In debt, the surety functioned as a co-debtor, liable for the

debt if the debtor were to default (e.g., TIM 6 44; NATN 621) or

die (YOS 4 7, 55).

7.5.3 A form of debt suretyship was for criminals. Cases of theft

are attested (ZA53, no. 14; ITT 3 6225 = Sauren, “Bürgschafts-

recht.. .,” no. 1; NG 202:1–9) and possibly also homicide (BCT 1

139). The fine would often have been beyond the culprit’s means,

so a surety would pay it to prevent the culprit from suffering the

alternative penalty (UET 3 25 = Sauren, no. 19, and see also 8.4.1

below).

7.5.4 A relative stood surety against the possibility of a person

absconding from slavery or work (probably as an antichretic pledge).

In MVN 6 428 (= Sauren, no. 5) a wife stands for her husband,

and in BE 3/1 1 (= Sauren, no. 16) a mother and sister for a slave.

Possibly the surety’s duty is substitution. In NRVN 6 (= Sauren, no.

17), the surety undertakes to bring his brother back if he absconds

from work.

7.5.5 The duty to bring a person to a specific venue at a set date

(Gestellungsbürgschaft) was a common form of suretyship. The purpose

(^129) See Westbrook and Wilcke, “Innocent Purchaser...”
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