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evidence, and the burden of proof would be on the party challeng-
ing the document (TCL 1 157:32–41 = UAZP 280). The document
was regarded as a safeguard against witnesses’ lapse of memory due
to the passage of time (RA91, 135–45). To guard against tamper-
ing, legal documents were usually enclosed in an envelope on which
the text was repeated and the obligated party and some of the wit-
nesses impressed their seals. If any question arose as to the text, the
envelope could be broken open in court. On the other hand, tablets
could be lost, in which case a new tablet would need to be authen-
ticated, based on the testimony of the witnesses to the original (CT
47 63).3.3.3 Oath
3.3.3.1 The declaratory oath was a solemn curse that the taker
called down upon himself if his statement was not true. It was mostly
taken in the name of the local city god, at the Temple, before a
sacred emblem of that god. One ceremony apparently required the
oath-taker to “pull out” (nasà¢um) the emblem from its holder. The
sacred emblem could come to the court, or to the land in dispute.
The oath-taker could establish its boundaries by carrying the emblem
around them.^42 The content of the curse is known only in one case,
where the borrower of silver for his betrothal payment calls down
leprosy, poverty, and (appropriately) childlessness upon himself (UET
6 402 = Charpin, Le Clergé d’Ur.. ., 326–27). The content of the
statement was prescribed by the court (RA91, 135–45). When taken
by a litigant, it could be addressed in the second person to the oppos-
ing party (UET 6 402; RA91, 135–45).3.3.3.2 The law codes list many circumstances in which the oath
is prescribed, but no general principles can be discerned. Inadequacy
or unavailability of other evidence could be a factor (OECT 13 191:
transaction long in the past; RA 91, 135–45: witnesses no longer
remembered the details), or the credibility of one party (WO 8/2
(1976) 160–61).(^42) E.g. Jean, Tell Sifr 71 = Charpin, Archives.. ., 188, 254. See Harris, “Divine
Weapon....”
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