A History of Ancient Near Eastern Law

(Romina) #1

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vindication by (members of ) a tusinnumseems to be that the person
or house sold belonged to this group or organization, which wants
to recover him or it, but what the tusinnumwas is not yet clear. This
is also the case with the ubadinnum, which also figures as the seller
of a house and a slave.^164
Some slave sale contracts contain terms delimiting the right of the
new owner to sell the slave. He may be authorized “to sell the slave
as he wishes,” even on the market,^165 but occasionally only if the
slave misbehaves.^166 Limitations may apply to the purpose (once: not
for the debts of the family) and the area of the sale, the latter appar-
ently to prevent the slave from turning up again in his homeland,
which might lead to claims or problems. One contract forbids sale
in Kanish and its territory, and the buyer promises to bring the slave
girl across the Euphrates. In other cases, sale to people of Talhad
(in northern Syria) is allowed or suggested, hence a sale abroad,
which obviously turns the debt slave into a chattel slave.^167
Of the rare Anatolian field sales, one is conditional (see 7.1.4), the
other stipulates that buyer and seller are jointly entitled to the avail-
able irrigation water.^168 Breach of contract (nabalkutum) by the buyer
is penalized with a payment equal to the purchase price, but by the
seller, with a double payment.

7.1.4 Redemption^169
Redemption (pa†àrum) of family members, slaves, or houses sold
(usually by defaulting debtors), regularly mentioned as a possibility
in the contingency clauses of sale contracts, is attested in a few con-
tracts. It can be done by the object of sale himself (Kienast no. 11,
from the ubadinnum),^170 or by others (Kienast no. 9), which may result

(^164) In kt v/k 152 (courtesy V. Donbaz) and kt f/k 79 (“ubadinnumof the fuller(s)
of the ruler”).
(^165) See Veenhof, Three Unusual Contracts.. .,” no. 2 (also on the role of the
market in slave sale), and Hecker, “Über den Euphrat.. .,” nos. 1–3 (no. 3 states:
“I can keep or sell the slave, as I wish”).
(^166) If “she commits a punishable misdeed,” Kienast no. 10, “if she is quarrel-
some,” kt j/k 288, etc.
(^167) See Hecker, “Über den Euphrat.. .,” no. 6; Veenhof, “Three Unusual
Contracts.. .,” comments on no. 2; and Kienast no. 32 (if the debt slave is not
redeemed within one month).
(^168) Kt o/k 52; see Albayrak, “Kültepe kelimesi.. .,” 308.
(^169) See 4.2.2 above and 7.3.1.3 below.
(^170) This possibility is considered in kt c/k 1340 (Balkan, “Cancellation of Debts.. .,”
30, n. 12).
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