A History of Ancient Near Eastern Law

(Romina) #1

400 


the buyer’s point of view and was formulaic, relying heavily on
Sumerian phrases, most of which are already found in earlier peri-
ods. The clauses fall into three categories: operative clauses, com-
pletion clauses, and contingency clauses. They are followed by a list
of witnesses and the date.

7.1.1.1 The operative clauses record the essential elements of the
transaction: (i) a description of the object of sale; (ii) a statement that
P has purchased the object from its owner, S; (iii) a statement that
P has paid him x shekels of silver as the whole price (Sum.
“ám.til.la.ni/bi.“è x gín kù.babbar in.na.an.lá).^119 Early documents do
not state the actual sum.

7.1.1.2 The completion clauses are:


a. “Its transaction is complete” (Sum. inim.bi al.til; Akk. awassu gam-
rat). The function of this clause is not clear. Perhaps it indicates
the due performance of rituals not recorded.
b. “His (S’s)heart is satisfied” (Sum. “à.ga.ni al.dùg; Akk. libba“u †àb).
This is a conclusive evidence clause, whereby S acknowledges that
the correct amount of silver was weighed out.^120
c. “He/it has been caused to pass over the pestle” (Sum. gi“.gan.na
íb.ta.bal; Akk. bukànum “ùtuq). This phrase is known from earlier
periods, where it applied exclusively to sales of slaves and animals.
In the Old Babylonian period, it applied to land sales as well, which
suggests that it had become a frozen expression.^121 The scholarly
consensus is that it signals a change of ownership^122 but that would
seem superfluous, since payment effects the same. On the evidence
of its use in the preceding period, it more probably indicates trans-
fer of possession.

7.1.1.3 Contingency clauses refer to matters that may arise after
completion of the sale. A triple clause concerns slave sales only: “he
is responsible for teb"ìtumfor three days, for epilepsy (bennum) for one
month, and for claims to him (the slave) in accordance with the
king’s order” (ana baqri“u kìma ßimdat “arrim izzaz). teb"ìtummay refer

(^119) See Skaist, “”imu gamru...”
(^120) See Westbrook, “‘His Heart is Satisfied’...”
(^121) Edzard, “Die bukànum-Formel.. .”; Malul, “The bukannum-clause...”
(^122) Malul, “The bukannum-clause...”
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 400

Free download pdf