A History of Ancient Near Eastern Law

He proceeds with a report of theft and seduction in the Valley of

the Kings.

3.3.3.2 Oaths could be sworn in numerous places, including the

“enclosure” (¢tm) of Deir el-Medina and, especially, in the temple

forecourts. An example is: “If you do not find him, you shall seek

out those people to whom Ankhefshall tell you to administer an oath,

and you shall take them to the forecourt of their god so they can

swear by him (the god).”^253

3.3.3.3 According to Diodorus Siculus, a man who has borrowed

money, without any written documentation of the loan, may clear

himself of the charge of delinquency by taking an oath that he owed

nothing. This innovation he attributed to Pharaoh Bocchoris.^254 While

Seidl believed that such purgatory oaths in fact existed in New

Kingdom Egypt,^255 Malinine claimed that this view is based on faulty

translations of the ostraca in question (O. Deir-el Med. 56 and 57).^256

He concludes that there was no such purgatory oath in Egypt.^257

3.3.3.4 The plaintiff in O. Nash 1, having discovered his chisel

missing, first asks all those concerned or suspected to swear an oath,

asserting that they themselves had not taken the chisel. His next step

was to approach the qenbet court. Presumably, the oath taking was

an informal course of action initiated by the wronged person, which

might or might not bring results. It seems that only after the oath

administration does the court become actively involved.^258

In O. Nash 1 nothing resulted from the pre-trial oaths at first.

However, Nebefer reports that sometime afterward a woman came

and declared: “The anger of god happened to me. I saw Herya take

your chisel.” This expression “the anger/wrath of god happened to

me” appears in other Deir el-Medina texts.^259 In every case it seems

(^253) P. Strasbourg 39; Wente, Letters.. ., 206.
(^254) Oldfather (tr.), Diodorus Siculus, 1, 271.
(^255) See Malinine, “Notes juridiques...”
(^256) See ibid., “Notes juridiques.. .,” 107. See also Allam, Hieratische Ostraka...,
84, and “Abstandsurkunde.. .,” 48.
(^257) Malinine, “Notes juridiques.. .,” 111.
(^258) Allam, Hieratische Ostraka.. ., 214.
(^259) E.g., Allam, Hieratische Ostraka.. ., 185. The nature of the divine manifesta-
tion varies. In some cases, a physical illness or sickness afflicts the guilty person.
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