A History of Ancient Near Eastern Law

(Romina) #1
to establish the value of disputed objects.^546 One might also turn to
the deity, especially Amenhotep, in order to learn the identity of a
thief (e.g., O. Gardiner 4).^547 It was not possible, in Allam’s view,
for a person simply to present a petition during a procession with-
out preparation by court officials.^548

9.2.5 There are parallels to this type of legal oracular decision from
localities other than Deir el-Medina. For example, a stela from
Abydos, north of Luxor, records an oracular decision of the deified
king Ahmose I concerning the ownership of two plots of land.^549
In matters of real estate, there seems to have been “cooperation”
between the court magistrates and the oracles.^550 O. BM 5624 describes
how the oracular statement of Amenophis I presents a man with a
tomb and confirms this transaction with a document.^551
As with the courts, some cases could drag on before the oracles,
and we also do not know how enforcement of decisions was achieved.^552
It is not totally clear to what extent the villagers were sure that
divine retribution would follow non-compliance.^553

9.2.6 The texts show that on occasion, the complainants would pre-
pare their legal arguments before the god in exactly the same way
as they would before the qenbetcourt.^554 The decision of the god is
also phrased in a manner identical to that of a secular court,^555 and
may conclude with an imperative “give/cause...” (e.g., O. BM5625).^556
Oracular judgments are also witnessed, just like secular decisions.^557

(^546) Allam, Hieratische Ostraka.. ., 56–57 (O. Cairo 25242), and Verfahrensrecht...,93.
(^547) Allam, Hieratische Ostraka.. ., 151. See also Allam, “Zum Ostrakon British
Museum 5637” (victim of robbery asks god for help in identifying thief ).
(^548) Allam, “Rolle.. .,” 111. See also Kruchten, “Tentative...”
(^549) McDowell, Jurisdiction.. ., 122. See Allam, “Remarks.. .,” 111; Pirenne,
“Preuve.. .,” 38–39.
(^550) McDowell, Jurisdiction.. ., 114–27, 135.
(^551) Allam, Hieratische Ostraka.. ., 43–45, and Verfahrensrecht.. ., 20.
(^552) McDowell, Jurisdiction.. ., 135–38.
(^553) Ibid., 136–37.
(^554) Ibid., 139.
(^555) “PN is right; PN 2 is wrong,” O. DeM 342 (Allam, Hieratische Ostraka.. ., 117);
see Allam, “Rolle.. .,” 111.
(^556) Allam, Hieratische Ostraka.. ., 46.
(^557) E.g. O. Cairo 25555, Allam, Hieratische Ostraka.. ., 59.
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