A History of Ancient Near Eastern Law

(Romina) #1

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4.4.2.3.1 A female slave could become her master’s concubine. If
she bore him children, she could be redeemed after sale for debt,
like a family member (LH 119; see 7.5.1 below). Redemption was
a right of the master, not the slave, but the advantage to her was
that she was not sent to an unknown fate that might involve sepa-
ration from her children or possibly sale abroad. A further advan-
tage might ultimately accrue: according to LH 171, a slave woman
who had borne her master children was to be freed on the master’s
death, along with her children.

4.4.2.3.2 The female slave of a married woman could become the
concubine of her mistress’s husband. The slave’s legal personality
was split: although a concubine, she did not cease to be the slave
of her mistress, who could still discipline her or sell her, at will. If
the slave’s concubinage resulted in offspring, however, the mistress’s
ownership rights were restrained; she might only discipline her slave
by reducing her social status within the household (LH 146–47).

4.4.2.3.3 The same principle obtained where the slave owner gave
the female slave in marriage, without relinquishing ownership. (On
the marriage of slaves, see 5.1.1.3 and 5.1.5.2.2 below.) As regards
her husband, she was a free woman, but not as regards her owner.
Nonetheless, the owner’s rights became contingent and might be
reasserted only by express contractual conditions, for example, if the
slave took advantage of her ostensible freedom to deny her slave sta-
tus, the owner could sell her (CT 6 37a = Westbrook, Marriage
Law.. ., 117).

4.4.3 Creation


4.4.3.1 A free person could be sold into slavery by a person having
authority over them, namely a parent or husband. An independent
person could sell himself into slavery. The motive was usually debt
or hardship.^56

4.4.3.2 Free persons could be enslaved by the operation of a penalty
clause in a contract to which they were a party. In adoption contracts,

(^56) E.g., YOS 8 31 = Mendelsohn, Slavery.. ., 15–16. See Van De Mieroop,
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