399
dowry (YOS 2 25) or bequeath it to her as an heir.^113 Furthermore,
a marital gift might be accompanied by a special power of disposi-
tion. According to LH 150, the widow might give the property to
“the son(s) whom she loves”—a condition also found in private doc-
uments of grant (CT 6 38a:13–18)—but not to an outsider. Another
document allows her to give it among her husband’s sons “to him
who honors her and satisfies her heart” (CT 8 34b:17–20). This for-
mula refers to support in old age.^114- C
The extant documents cover only some of the possible types of con-
tracts from this period, which were essentially oral agreements.^115
Nonetheless, a wide variety of transactions are recorded. The fol-
lowing are the principal categories.7.1 Sale
Sale was an oral transaction before witnesses. It was completed by
payment of the price in silver, which effected transfer of ownership.
The verb “to sell” was expressed in Akkadian as “to give for silver”
(ana kaspim nadànum).^116 The only evidence of an accompanying cer-
emony is in a land sale document from Mari, reflecting practices
attested in earlier periods: “they ate the ram, drank the cup, and
anointed themselves with oil.”^1177.1.1 The vast majority of texts record an executed contract, with
only contingent obligations remaining. Four objects are deemed wor-
thy of record: land (fields, orchards, and houses—doors separately),
prebends, slaves, and animals, because the sale document served as
a title deed to these capital assets.^118 The record was drafted from(^113) PBS 8/1 1: see Stol, “Care of the Elderly.. .,” 79.
(^114) See Stol, “Care of the Elderly.. .,” 81–2.
(^115) The general term for contract was riksàtum. See Greengus, “Marriage Con-
tract.. .,” refuting the earlier view that the term meant a written contract.
(^116) However, LH “c” implies that grain or other property (bì“um) might be used
as payment.
(^117) Malul, Symbolism, 346–63.
(^118) The sale of a door appears to have been as an attachment to land (e.g., VAS
7 46 = UAZP 98).
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 399