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prove their claim, “hard words” would be spoken (dannàtam qabà"um).
This implies that a contract (tarkistum) is made (letters speak of “tak-
ing a tarkistumagainst somebody”) that if either can prove his claim
or disprove that of the other, the loser will pay (back) double or
triple (“u“al“um),^187 without further legal action (TC 3 263).^1887.2.3.5 Joint Liability
A legal device frequently used in dealing with a plurality of Assyrian
and, in particular, of Anatolian debtors (including married couples),
is to make sure that the whole sum could be claimed from whichever
joint debtor was available (kìnum) and able to pay (“almum). This is
usually expressed by stating that the debt “is bound to the person
of whichever of them is solvent and reliable/available” (ina qaqqad
“almi“unu u kìni“unu rakis). In debt notes of Anatolians, in order to
increase the security, the wife and children of the debtor may be
registered both as joint debtors and as (hypothecary) pledges (see
7.3.1.2 above).7.3 Security
The main instruments of security were pledges and guarantors, fol-
lowed by distraint and the possibility of borrowing at the expense
of the defaulting debtor. They are found both in Assyrian and in
Anatolian contracts, but there are some differences. In general, secu-
rity is more frequent in debt notes with Anatolian debtors. Cumulation
of security occurs frequently in Anatolian contracts (e.g., TC 3 332;
BIN 4 4; I 475).7.3.1 Pledge^189
7.3.1.1 Terminology
The main terms for pledge are “apartum(also attested in later Assyria
and in Babylonia) and erubbàtum, used in ancient Assyria only. The
first is mainly used for a great variety of movable objects (from gold
to pieces of furniture and tablets of value) and the word expresses
the idea that the creditor has power of disposition over them.^190 It(^187) For examples, see Lewy, “Grammatical Studies.. .,” 39ff., and CAD ”/3, ad loc.
(^188) For details, see Veenhof, “Silver and Credit.. .,” 4f.
(^189) See also Kienast, “Pfandrecht...”
(^190) From the verb “apàrum, “to administer, to direct.”
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