A History of Ancient Near Eastern Law

(Romina) #1
The Khnumhotep tomb inscription attests to an interest in estab-
lishing boundaries, which were apparently set down in land regis-
ters (¢d.t). The speaker declares: “It has been caused that he should
know his boundary according to the land-register.”^215

6.1.2 State and Private Ownership
The documents indicate that private individuals could, in some cases,
leave or lease land to whomever they wished, apparently without
recourse to higher authority. The ownership of land was obviously
of great importance to tax officials because of the land taxes and
the poll tax obligations connected to land ownership. Therefore the
tax registers were maintained regarding the plots, and this is attested
since at least the Middle Kingdom. We have from that time a tax
declaration in the Kahun Papyri.^216 Seidl suggests that the tax reg-
isters may serve a function later assumed in the Roman period by
the Grundbuch.^217
A distinction was legally made between a paternal estate, which
one could bequeath at will, and an “official estate” (lit., a “count’s
estate”), closely associated with the office and which could not be
bequeathed.^218

6.1.3 Special Types of Ownership
Individuals concluded contracts with mortuary priests in order to
guarantee the proper ceremonies and offerings after death.^219 There
was a particular concern that the endowment and office remain undi-
vided into the following generations.^220

(^215) Lloyd, “Great Inscription.. .,” 23.
(^216) Trigger et al., Social History.. ., 83.
(^217) Einführung.. ., 46–47.
(^218) So already Breasted, Ancient Records, vol. 1, 259. Van den Boorn, Vizier...,



  1. See further, Spalinger, “Redistributive Pattern.. .,” 8; Théodoridès, “Contrats.. .,”
    226; Helck, Wirtschaftsgeschichte.. ., 164; Théodoridès, “Contrats.. .,” 127 (= Maat,
    241); Théodoridès, “Sixième.. .,” 456. The problematic terminology of land may
    naturally denote legal status. ”dw-land, for example, possibly designates usufruct
    lands given to certain classes of persons; see Helck, Wirtschaftsgeschichte.. ., 175; see
    also Van den Boorn, Vizier.. ., 187; Schenkel, Memphis.. ., 77.


(^219) Spalinger, “Redistributive Pattern.. .,” 8–9. See further Allam, “ ̇m-k3”;
Théodoridès, “Contrats.. .,” 170–71. Examples of such contracts are Djefa-Hapi
(note that Djefa-Hapi never mentions his own family; see Théodoridès, “Contrats.. .,”
296.); Schenkel, Memphis, 235, no. 379; Sethe, Lesestücke, 96, no. 31 (= Simpson,
Terrace.. ., pl. 43).
(^220) Kaplony, “Sklaven,” col. 692. See also Allam, “De la divinité.. .,” 28.
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