A History of Ancient Near Eastern Law

(Romina) #1
and artisans, who often worked for state or private workshops, did
not generally hire out their services.^248 According to Helck, one could
rent out animals for profit.^249


  1. C  D


Lorton contrasts New Kingdom penalties with those of the Old
Kingdom and Middle Kingdom.^250 According to him, in the Old
Kingdom there was one set of penalties for infringement of temple
exemptions: loss of civic status in life and death, and perhaps assign-
ment to labor in unfree status. He suggests that this was the case
also in the Middle Kingdom. The work on the state lands certainly
had a “penal aspect.”^251 On the basis of such texts as the Instruction
of Merikare, Lorton proposes that beating was a standard penalty
of the Middle Kingdom.^252 Lorton doubts that a son would inherit
the office of his father, if the latter has been deprived of his office.^253

8.1 Theft


The Hekanakht letters may indicate that the thief might be compelled
to make restitution for twice the stolen amount.^254 The dishonest
official in the Eloquent Peasant is punished by having his posses-
sions confiscated and presented to the peasant.^255 The Illahun papyri
contain lists of stolen objects.^256 Nubian graffiti (Twelfth Dynasty)
may refer to the death penalty for the violation of tombs.^257 The
penalty for trespassing on a restricted area of the Abydos cemetery
in the First Intermediate period or the Twelfth Dynasty was brand-
ing (?),^258 possibly in conjunction with a reduction to “unfree status.”

(^248) Drenkhahn, Civilizations.. ., vol. 1, 334.
(^249) Quoting Urk. 1, 151 (Old Kingdom); Dendereh, pl. 11 C (Helck, Wirtschafts-
geschichte.. ., 161).
(^250) Lorton, “Treatment.. .,” 50.
(^251) Posener, “Anachoresis.. .,” 666.
(^252) Lorton, “Treatment.. .,” 13.
(^253) Ibid., 52. See Assmann, “Justice.. .,” 149.
(^254) Goedicke, Hekanakhte.. ., 61.
(^255) A terminus technicusis the ≈b3, “recompense,” due the peasant (Shupak, “New
Source.. .,” 13).
(^256) Simpson, Textes et Langages.. ., 67.
(^257) Willems, “Crimes.. .,” 38, 41–42.
(^258) Lorton, “Treatment.. .,” 18; Willems, “Crime.. .,” 40; Leahy, “Death.. .,” 199.
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