A History of Ancient Near Eastern Law

(Romina) #1
by a fimy.t-pr.^236 P. Kahun VII.1 shows that such a deed of con-
veyance could be revoked or annuled (lit., “back is to it”).^237
There are occasional references to sales and purchases.^238 Safeguard
clauses (protecting the title) often appear in Middle Kingdom and
later texts.^239 The term for “title,” (≈3t.t, “possessory title” to X) is
employed with regard to a servant woman in P. Berlin 10470.^240
Kahun 1.2 has also been interpreted as a sale for credit.^241

7.2 Loan


Evidence for loans is exceedingly scanty, although loans of grain or
seed are mentioned.^242 The conditions of the transaction are unknown.
It has been suggested that w3w3be rendered “interest” in P. Kahun

13.^243 P. Kahun 13 may deal with debts and the canceling of debts.^244
Hekanakht may also refer to the collection of outstanding debts.^245


7.3 Security


The family itself may have been used as security in the case of a
fugitive from justice, in that the family was compelled to perform
corvée labor.^246

7.4 Hire


The Hekanakht letters remain the best evidence for “private” leas-
ing in the pre-New Kingdom period.^247 It appears that craftsmen

(^236) See also Parkinson, Voices.. ., 110; Menu, “Prêt.. .,” 68–70, and “Note.. .,” 133.
(^237) Translation and commentary in Théodoridès, “Testament.. .,” 417–28,
“Contrats.. .,” 345–57, 386, and “Propriété.. .,” 58–62.
(^238) See, e.g., Schenkel, Memphis, 61, and Wente, Letters.. ., 64.
(^239) Pestman, Marriage.. ., 132.
(^240) Vittmann, “Hieratic Texts,” 37.
(^241) Théodoridès, “Vente.. .,” 42, 71–72. But see also Menu, Recherches.. ., 197,
on Kahun 1.2. Théodoridès, “Vente.. .,” 43, thinks that Kahun I.1 is an act of
cession.
(^242) Schenkel, Memphis, 59. See also Menu, “Prêt.. .,” 71; Baer, “Letters.. .,” 10.
(^243) (So Wb. 1, 250.) See Ray, “A Consideration.. .” See also Lorton, “Legal and
Social Institutions.. .,” 353.
(^244) Ray, “A Consideration.. .,” 222–23. He discusses the possibility of debt impris-
onment, attested in Roman times. The term tp, which occurs in this text (lit., “head”)
may mean “capital.” See also Menu, “Quelques.. .,” 118–20.
(^245) Goedicke, Hekanakhte.. ., 75, 77.
(^246) Allam, “Les obligations.. .,” 89–90. For other possible security arrangements,
see Goedicke, Hekanakhte.. ., 77; Shupak, “New Source.. .,” 8.
(^247) Eyre, “Peasants.. .,” 381. See also Goedicke, Hekanakhte.. ., 31, 39.
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