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mined by local custom (“like his neighbor”). The tenant had to
restore the land in good condition, ready for cultivation. If he failed
to cultivate it at all, he had to pay compensation for the lost crop
and restore the land ready for cultivation.^169 Should the crop be
destroyed by storm or flood, if it was a sharecropping arrangement,
the loss was shared proportionately, but if the whole rent was payable
in advance, the loss was on the tenant.^1707.7.4.3 Prebends were leased in the same manner as land (e.g.,
YOS 12 282 = Charpin, Clergé.. ., 165–67).7.8 Partnership^171
Partnership was based upon the ideal of relations between brothers
(a¢¢ùtum/at¢ùtum). A partner (tappûm) is sometimes referred to as a
brother.7.8.1 Types of Partnership
7.8.1.1 Common Property^172
This type is attested at Susa. It is modeled upon the natural part-
nership of heirs in an undivided inheritance and was created by one
partner adopting the other as a brother (MDP 23 286). It was not
necessarily a universal partnership: one partner could, by express
condition, exclude his previous assets from the communal property
(MDP 18 202 = 22 3).7.8.1.2 Commercial
This type is attested only by documents in which one or more per-
sons borrow money from an investor (ummeànum) as a tadmiqtumloan
for partnership in a commercial venture (CT 6 34b:7–11 = UAZP
316). When the venture, which may be a single transaction, a trad-
ing journey, or a period of time (BE 6/1 97 = UAZP 173; BE 6/1
91 = Eilers, 59) is completed, the investor is repaid and the part-
ners divide the profit and loss. Eilers thought the investor, although(^169) LH 42–44, 62–63. Cardascia, “Dommages Agricoles...”
(^170) LH 45–46; Petschow, “Die §§45 und 46...”
(^171) Akk. tappûtum; Sum. nam.tab.ba; see Eilers, Gesellschaftsformen.. .; Szlechter,
Société...
(^172) Szlechter,Le contrat de société, 61–64; Westbrook, Property.. ., 127–30.
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