A History of Ancient Near Eastern Law

(Romina) #1

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hire it out to a third party (LE 5; LH 237). The codes set standard
rates (LE 4; LH 239, 275–77).
The contract might impose a fixed penalty on the hirer for the
loss or sinking of the boat (e.g., OECT 8 13:11–14). If caused by
his negligence, the hirer was liable for its full value, at least if he
was a boatman himself.^158 Contracts often stipulated the route; if
deviated from, the hirer was strictly liable for loss of the boat.^159

7.7.2 Persons^160
Slaves could be hired like any movable, but a free man could also
hire himself (or his children) out for services. The same type of con-
tract covered everyone from an unskilled laborer (LH 257) to a stew-
ard responsible for the running of a farm (LH 253–56). The codes
set rates for the hire of persons providing different services. Services
could be limited in time, for example, for harvesting (LE 8–9), or
specialized, for example, a fuller, who was treated as a hired per-
son although paid per garment (LE 14). The contracts often gave
longer term laborers the right to a number of days’ leave per month.
These self-hire contracts are to be distinguished from labor contracts,
in which local officials contracted with managers of royal lands to
supply workers for the harvest.^161

7.7.3 Services


7.7.3.1 A wetnurse was engaged for three years.^162 She received
payment in rations and apparently had a lien on the child until they
were paid (LE 32). For fraudulent misconduct leading to the death
of the child in her care, LH 194 punishes her with the excision of
a breast.^163

7.7.3.2 Herds were entrusted by their owner on an annual basis to
a herdsman. He accepted personal liability for the herd and was
remunerated either by a fixed payment, or by a share of the herd’s

(^158) LE 5; LH 237; Petschow, “Havarie.”
(^159) LL 5; SLHF iv 42–v 11; YBT I 28 (i.e., YOS 1 28 = SLEx 3); Petschow,
“YBT I 28...”
(^160) Lautner, Personenmiete...
(^161) Yoffee, Economic Role.. ., 109. Cf. Yaron, Eshnunna.. ., 252.
(^162) See VAS 7 10–11 = UAZP 78; TJA pp. 127–30; LE 32.
(^163) Cardascia, “La Nourrice.. .”; Lafont, Femmes.. ., 424–27.
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