A History of Ancient Near Eastern Law

(Romina) #1

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  1. in connection with the palace. LE 50 and LH 8, 15, 16 penal-
    ize the theft or misappropriation of slaves and movable property
    of the palace or of a mu“kènum; LH 175–76 concern the marriage
    of a free woman (“the daughter of an awìlum”) to a slave of the
    palace or of a mu“kènum; LE 34 invalidates the illicit adoption of
    a child of a palace slave woman by a mu“kènum.

  2. in contrast with an awìlum. LH 139–40 prescribe a lower divorce
    payment if the divorcing husband is a mu“kènum; 196–223 pre-
    scribe lower penalties for physical injury if the victim is a mu“kènum
    or a mu“kènum’s slave and lower payments for surgical procedures.


4.2.2.2 mu“kènum is also mentioned in the context of debt-release
decrees. In AS 15, he is among a list of tenants of crown land who
are given release from certain payments, alongside (perhaps in con-
trast to) “lords and nobles.”^49 A letter reports the annulment of the
debts of “soldiers,” “fishermen” (two types of feudal tenant), and
mu“kènums (TCL 17 76 = Kraus, Verfügungen.. ., 66–67).

4.2.2.3 On the basis of these data, Speiser saw in the mu“kènuma
dependant of the palace, who came under its protection because of
his special services to the state.^50 Kraus proposed a relativistic approach:
awìlumas an ordinary citizen included mu“kènumbut expressly excluded
him when a distinction was to be drawn between upper and lower
classes of citizen. From the viewpoint of the palace, however, every
citizen, including a member of the upper classes, was a subject, for
which the term mu“kènumwas more appropriate. Hence in provisions
concerning both public and private property, the two spheres were
delineated by the terms “palace” and mu“kènum.^51
Both explanations provide a rationale for use of the term mu“kènum
in conjunction with the palace or with awìlum, but not in provisions
where it was used alone (e.g., LE 12–13). In particular, the mu“kènum
who suffers from illegal distraint in LE 24 appears to be identical
with the awìlumin paragraph 23, which is part of the same law.

(^49) In AS 7, the term awìlum(lú) is used of both creditor and debtor.
(^50) “The mu“kenum... .” Followed by von Soden (“mu“kènum und Mawali...”)
and Finkelstein (“Ammi-ßaduqa’s Edict.. .,” 96–99).
(^51) Vom mesopotamischen Menschen.. ., 92–125, and Verfügungen.. ., 329–31. Followed
by Yaron, Eshnunna.. ., 132–46.
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