A History of Ancient Near Eastern Law

(Romina) #1

380 


4.4 Slavery^54


4.4.1 Terminology
Identification of the legal status of slave is complicated, as in other
periods, by the terminology. The terms for slave (Akk. wardum; Sum.
ìr) and female slave (Akk. amtum; Sum. gemé) might be used to des-
ignate any hierarchical inferior. Free citizens were sometimes referred
to as slaves of the king (e.g., LH 129). In particular, royal courtiers
were referred to in this way: “the gentlemen, slaves of the king”
(awìlèwardù“arrim: AbB 3 52:27). Even the term “slave of the palace”
(ìr é.gal) might sometimes refer to a free man who was merely in
the service of the king (e.g., AbB 4 118). “Slave” was also used as
a modest form of self-reference, for the purposes of etiquette. Further
terms used in this period are “boy” (ßu¢àrum) and “girl” (ßu¢àrtum).

4.4.2 Categories
The legal condition of slaves depended upon a number of distinctions.

4.4.2.1 Debt Slaves and Chattel Slaves
Debt slaves were free persons who had entered slavery by reason of
a debt (see below). They were alienable, but their slavery was con-
ditional upon the existence of the debt and would be terminated
with its extinction, for whatever reason. Chattel slaves were slaves
who had entered slavery on any other basis and whose slavery was
in theory permanent and unconditional.

4.4.2.2 Native and foreigner
Citizenship and slavery were not incompatible (see 4.1.2 above), but
in theory no native subject could be enslaved against his will, or at
least against the will of the person under whose authority he was,
for example, a parent. For a foreigner, no such scruples applied.
Furthermore, many measures of social justice whereby slaves were
released applied exclusively to natives.

4.4.2.3 Special rules applied to the female slave in respect of her
sexuality and reproductive capacity.^55 Several types of arrangement
are attested.

(^54) Mendelsohn, Slavery.. .; Westbrook, “Slave and Master....”
(^55) See Westbrook, “The Female Slave...”
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 380

Free download pdf