A History of Ancient Near Eastern Law

(Romina) #1

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4.2 Slavery


4.2.1 Terminology
Slaves were called wardum, “slave,” and amtum, “slave girl,” by both
Assyrians and Anatolians.^92 The second term, however, is also used
for free married women with a status lower than the main wife
(a““atum; see 5.1.3 below). Slaves could also be designated by the col-
lective subrum, perhaps originally a term for non-Assyrian chattel
slaves.^93 Occasionally, the terms “boy” and “girl” (ßu¢àrum, ßu¢àrtum)
may refer to young slaves.

4.2.2 Debt Slaves and Chattel Slaves^94
Most slaves owned by Assyrians in Assur and in Anatolia seem to
have been (originally) debt slaves—free persons sold into slavery by
a parent, a husband, an elder sister, or by themselves.^95
Debt bondage is clear from a few contracts that write that the
sale was not “for” but “instead of ” (kìma) a sum of silver, hence to
cover a debt (see 7.3.1.3 below). Many slave-sale contracts stipulate
that the seller (usually a parent, husband, or relative) can get the
person sold back (“to take him along,” tar"àum) by an action described
as “to redeem” (pa†àrum), “to come back for” (tu"àrum ana), or sim-
ply “to seize” (ßabàtum), if a price was paid—sometimes the original
sale price, more frequently double or even more.^96
There are also a few cases which consider the possibility or record
the fact that a slave redeems himself (see 7.1.2.4 below). The possi-
bility of redeeming a debt slave was limited in time, ranging from
one month (Kienast no. 32, among Anatolians) to two (kt a/k 933,
among Assyrians) and perhaps even four years.^97 As long as the peo-
ple sold were debt slaves they enjoyed a certain protection,^98 after
that they could be sold by the creditor/owner “where he liked,”
even abroad (see 7.1.3).

(^92) See also Kienast, Kaufvertragsrecht.. ., 89–100.
(^93) See Lewy, “Subrum.. .” The term must be related to the geographical desig-
nation “ubur, “ubarum.
(^94) See, in general, Kienast, Kaufvertragsrecht.. ., 95ff., and the text editions on pp.
103–63, referred to here as “Kienast no.”
(^95) See Farber, “Hanum.. .”; kt a/k 250 (text in Balkan, “Cancellation.. .,” 31,
n. 14) and presumably LB 1218 (Veenhof, “Money-Lender.. .,” 292).
(^96) See Veenhof, “Money-Lender.. .,” 297, and Kienast, Kaufvertragsrecht.. ., 76f.
(^97) Kt n/k 71 (Donbaz, “A“èd.. .,” 48).
(^98) In LB 1218 (Veenhof, “Money-Lender.. .,” 292), maltreatment by the creditor/
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