A History of Ancient Near Eastern Law

410 

growth and of its produce, or by a mixture of both.^164 The owner

had a minimum entitlement to growth which the herdsman had to

meet at the expense of his own payment or share (LH 264). There

was, however, an allowance for natural deaths (on production of the

skin as proof ) and deaths by epidemic or by a lion (upon declara-

tory oath), but not for an avoidable disease spread by negligence

(LH 266–67) or lost strays (LH 263; CBS 727 = Stol, “Fragment.. .”).

7.7.3.3 For the performance of a particular task, such as surgery,

building a house, or caulking a boat, the provider was paid an hon-

orarium (qì“tum) rather than hire.^165 LH punishes such providers

severely for negligence leading to injury or death (e.g., 218, 229).

7.7.3.4 The “journey” of a divine emblem could be hired for set-

tling disputes.^166

7.7.4 Land

7.7.4.1 Houses

Leases were almost always for one year. Payment was often half in

advance, half at mid-term. If wholly in advance, premature eviction

by the landlord led to his forfeiting the whole rent (LH “g”). In

principle, the landlord was responsible for structural repairs, but often

a clause in the contract imposed the burden on the tenant.

7.7.4.2 Fields and Orchards^167

Leases were mostly for one year but were probably renewable.^168

Leases for the development of fallow land were three years for fields

and five for date orchards, with rent payable only in the final year.

Rent was mostly payable at the harvest, but a part could be pre-

paid (SLHF viii 20–21), and occasionally the whole rent was payable

in advance (YOS 13 376; TIM 5 49). There were four types of rent:

a fixed sum, sharecropping (usually two thirds to the tenant, some-

times equal shares), a fixed rate per unit of land, or a rate deter-

(^164) LH 261; VAS 9 59–60 = UAZP 158; UCP 10 58 = Greengus, Ishchali;
Postgate, “Shepherds.. .”; Stol, “Fragment.. .”; Finkelstein, “Herding Contract...”
(^165) LH 215–18, 228, 234. Contrast idùfor a fuller (LE 14) or a shepherd (VAS
9 59–60 = UAZP 158).
(^166) See Harris, “Divine Weapon.. .,” and 3.3.3 above.
(^167) Pomponio, Affitto.. .; Mauer, Bodenpachtverträge...
(^168) Mauer, Bodenpachtverträge, 91–92.
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