A History of Ancient Near Eastern Law

Wills are not numerous, but there are texts clearly designed to

determine the fate of a person’s estate after his decease. In P. Kahun

II.1, for example, a father obviously desires that his affairs should

be in order before his death.^230

6.2.3 According to Baer, the Egyptians did not generally entail

estates but divided them successively through the generations.^231 Stela

JdE 52456 (Second Intermediate period) may allude to a division of

goods, possibly in connection with the man’s wife.^232

7. C

In one case, a man (Djefa-Hapi) in his private capacity apparently

concludes a contract with himself in his official capacity.^233

According to Hayes, in the late Middle Kingdom, at least, the

legality of a transaction may have been confirmed in four distinct

ways:

1. by decision of the sr.wmagistrates;


2. by oral statement of the terms and content of the gift made by the
   donor before the Herald/Reporter of the Southern City (= Thebes);


3. by a written version of this statement drawn up under the super-
   vision of this same official, and deposited in his office;


4. by the formal sealing of this written statement. This then becomes
   a “sealed document” (¢tm.t), a contract.^234

7.1 Sale

According to Théodoridès, the fimy.t-pr document was in the Old

Kingdom a deed of transfer by gift but in the Middle Kingdom

referred to all types of conveyances, including exchange for “money”.^235

He cites P. Kahun II.1, wherein the plaintiffwants to collect on an

outstanding debt due his father, deriving from a credit sale concluded

(^230) Translation in Parkinson, Voices.. ., 110.
(^231) Baer, “Letters.. .,” 13.
(^232) Vernus, “Allusion...”
(^233) Théodoridès, “Sixième.. .,” 447. See also Allam, “Quenebete.. .,” 43–44.
(^234) Following Hayes, Papyrus.. ., 143; see also Pirenne, “Preuve.. .,” 26. The
Djefa-Hapi contracts include satisfaction clauses: “Then they (the priests) were
satisfied (herewith)” (Théodoridès, “Contrats...,” 132).
(^235) Théodoridès, “Concept of Law.. .,” 304. See Harari, “L’échange.. .”; Théo-
doridès, “Contrats.. .,” 335–44, and “Rapport.. .,” 87ff.
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