401
to the slave’s status—the possibility that he is in fact free.^123 LH
278–79 cover the latter two warranties, ruling that if epilepsy emerges
within one month, the sale is to be rescinded and the purchase price
returned, and if a claim to the slave arises, the seller must satisfy
the claim. The relationship between the provisions of the code and
the contractual clauses, especially the reference in the latter to the
king’s order, have given rise to much scholarly discussion.^124 The
warranty against third party claims is also found in the sale of ani-
mals and doors.
A clause common to all sales is an oath sworn by the seller (and
sometimes by both parties) not to raise claims.^125 The content of the
seller’s potential claim is revealed by a few documents as either “(this
is) my house/field/orchard” (RA 85 (1991) 16, no. 4:7'–8') or “We
did not receive the silver” (CT 2 37 = UAZP 95). Both amount to
the same: an assertion that ownership did not pass.7.1.2 The perspective of the sale documents led San Nicolò to argue
that Old Babylonian sale was a purely cash transaction. Sale on
credit was possible but only by a separate agreement whereby the
seller “loaned” the price to the buyer. Accordingly, the sale docu-
ments always recorded payment of the price, even if it was a fiction.^126
Nonetheless, a few documents reveal the existence of an executory
contract of sale.7.1.2.1 In YOS 13 513, a person buys the wool that is still on
unshorn sheep. He receives the sheep with the duty to pay the agreed
price within five days and to return the sheep in good condition
after the shearing, together with their dung.^127 The contract does not
reveal what sanctions the buyer was liable to for breach but does
show a future obligation to pay, at least on the basis of performance
by the other party.(^123) Veenhof, “Relation.. .,” 70.
(^124) See Wilcke, “Kaufverträge.. .,” 257–61; Petschow, “Beiträge.. .”; Stol, Epilepsy,
133–35; Veenhof, “Relation.. .,” 69–71.
(^125) The various forms of this clause are set out in San Nicolò, Schlussklauseln...,
45–70.
(^126) Ibid.; contra Waetzoldt, (review), 142; Skaist, Loan Contract.. ., 67–72; but cf.
TCL 1 157 (= UAZP 280); YOS 12 73.
(^127) Wilcke, “Kaufverträge.. .,” 277.
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 401