3.3 Evidence^129
3.3.1 Witnesses
Witnesses play an important role in Middle Kingdom legal docu-
ments. Both male and female witnesses are attested. Most witnesses
are priests or scribes. In the contracts of Djefa-Hapi, witnesses are
lacking,^130 but this is probably because these stone tomb inscriptions
are excerpts from a papyrus original.^1313.3.2 Documents
Documents^132 had legal validity as regards proof of title. The will of
P. Kahun I.1, for example, includes a copy of a document whereby
one brother gives his property to another.^133 A title deed could be
used to confirm one’s claim on a priestly office, as in Cairo Stela- For added security a copy might be placed in an archive,
such as the “office of the second Reporter (Herald) of the South.”^134
Witnesses were naturally an important guarantee of the authenticity
of a document. In some cases, the preserved document may not be
the original legal document, but an incomplete copy prepared for
one of the interested parties.^135
3.3.3 Oath
As in other periods oaths are an important legal feature of Middle
Kingdom law. The especially important “royal oath” or “oath-by-
the-lord” appears first in the Middle Kingdom.^136 In P. Kahun II.1
an oath “by the lord” is required of both parties regarding their sat-
isfaction with the terms of a sale of an office and endowment.^137 In
P. Kahun I.3, a list of household members—the entire household
(?)—took an oath in the office of the vizier.^138 In P. Berlin 10470,(^129) Pirenne, “Preuve.. .,” 25–28.
(^130) See Théodoridés, “Les Contrats d’Hapidjefa,” Maat, vol. 1, 282–83 (= 168–69).
The number of witnesses is probably variable; see Allam, “Zeuge,” col. 1398.
(^131) But see Théodoridés, “Les Contrats d’Hapidjefa,”Maat, vol. 1, 351; and
“Rapport.. .,” 100; Hayes, Papyrus.. ., 122.
(^132) The standard term for a contract was ¢tm.t, lit., “what has been sealed.”
(^133) Parkinson, Voices.. ., 109–10.
(^134) Ibid., 110.
(^135) Théodoridés, “Testament dans l’Égypte ancienne,” Maat, 426–27.
(^136) Kaplony, “Eid,” col. 1189.
(^137) Parkinson, Voices.. ., 111. See also Seidl, Einführung.. ., 49–50; Kaplony, “Eid,”
col. 1195.
(^138) Griffith, Kahun.. ., 20.
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