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for example, a standard penalty upon the adoptee for dissolving the
adoption was to be sold as a slave.4.4.3.3 The courts had the power to impose slavery for non-pay-
ment of debts arising from wrongdoing. According to LH 53, where
a landowner who by his negligence had flooded all his neighbors’
fields could not meet the cost of compensation, they could sell him
and divide the proceeds.4.4.3.4 In slave-sale documents, it is occasionally noted that the
slave is “houseborn.”^57 The offspring of a female slave belonged to
her owner no less than the offspring of the owner’s herds. The child
normally had no paternity and would be designated, if at all, by a
matronymic.^58 From a purchaser’s point of view, houseborn was a
desirable status, being less likely to be encumbered with the claims
of third parties or claims to freedom. AS 21 specifically excludes the
houseborn slave from its slave-release provisions. LE 33 considers
the possibility that the slave mother may attempt to deceive her
owner by giving her child to a free woman. It rules that if ever the
owner traces the child, he may reclaim him, even when fully grown.
On the other hand, LH 175 rules that an owner may not claim as
a slave the issue of a marriage between his male slave and a free
wife.^594.4.4 Treatment
4.4.4.1 A distinctive mark called the abbuttum might be placed on
the slave. Its exact nature is disputed; it may have been a distinc-
tive hairstyle or a brand or mark.^60
In contractual penalty clauses, marking with the abbuttum often
precedes sale as a slave. It may have been an indication that the
person would become a chattel slave, not subject to redemption. It
is particularly prevalent in clauses penalizing dissolution by the(^57) wilid bìtim; e.g., YOS 13 248:2.
(^58) E.g., CT 45 37:1–2; cf. AbB 1 129:9–17.
(^59) This provision could apparently be nullified by an express contractual term.
See the discussion of CT 48 53 in Westbrook, Marriage Law.. ., 66–68.
(^60) See Driver and Miles, Babylonian Laws.. ., 421–25; Szlechter, “Essai d’expli-
cation...”
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