A History of Ancient Near Eastern Law

(Romina) #1

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above) the woman refuses to undergo the ordeal, offering to settle
with her opponent instead. In another case, a woman is called before
the court to explain her role in a man’s divorce of his wife.^77 Not
only does the woman appear on her own behalf, but she had previously
distrained the man’s wife. A private letter^78 records that a father
enjoined his daughter to take a matter before the king, indicating
that women could themselves petition the highest court in the land.

4.4 Slavery


4.4.1 Terminology
Akkadian ardu and Sumerian ìr, “(male) slave,” are used in Middle
Babylonian, as in other periods, to designate a hierarchical inferior
as well as a servant. This is most clearly illustrated by the consistent
use of arassu, “his slave,” in the formulary of the grants of entitlement,
for example, RN “arru ana PNarassu irìm, “RN, the king, granted to
PN, his servant.”
The terms for “(female) slave,” Akkadian amtu, Sumerian gemé,
are not encountered with a hierarchical meaning. Young slaves are
referred to with the terms ße¢ru(m) or ße¢ertu(f ), “young one.”

4.4.2 Categories


4.4.2.1 Debt Slaves and Chattel Slaves
Native-born slaves might expect to enjoy citizen’s rights and be
restored to their freedom by a decree of the king (see 4.4.5 below).
Parents sold their children in time of financial hardship,^79 and it was
these slaves who were subject to freedom by royal decree. In one
text, a man bought a young girl (a baby?) as a wife for his second
son.^80 Part of her “purchase price” is food to be given to her par-
ents. Children sold by their parents are usually identified as “Babylonian
born” (see 4.1.1–4.1.2 above). This would seem to be a meaningful
designation only if it established that the child was to enjoy the rights
of citizenship.

(^77) UET 7 8, and see under 5.1.3.1 below.
(^78) PBS 1/2 (= Waschow, Babylonische Briefe.. ., 8).
(^79) E.g., UET 7 2, 21–25, 27.
(^80) CBS 12917 (= Brinkman MSKH 9).
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