A History of Ancient Near Eastern Law

(Romina) #1

   509


sales of persons, the sellers often include someone identified as the
“surety” (kattû), who apparently was liable for the sale (see 7.4). The
statements are usually written in Sumerian but occasionally in a mix-
ture of Sumerian and Akkadian (e.g., x item for y silver PN 1 ki PN 2
i“àm “ám.til.la.bi.“è). The documents invariably state the total sum
paid for the sale item.

7.1.1.2 Completion Clauses
The completion clauses are written in Akkadian. Predicative forms
of the verbs gamàru“to complete,” apàlu“to answer, satisfy,” zakû“to
be cleared, free of obligation”—and often all three^116 —signify that
the transaction is complete, and are typically followed by the state-
ment rugummâ ul i“û“he shall have no claims.”^117

7.1.1.3 Contingency Clauses


7.1.1.3.1 In cattle sales, the two parties renounce future claims to
the animal(s) and the purchase price.

7.1.1.3.2 When children are sold, the contract prohibits family and
relations from raising future claims to the sold individual. Oath-tak-
ing was intended to forestall such claims in contracts from Nippur,^118
and contracts from Ur prescribe severe physical penalties for raising
claims, including the driving of a metal peg or the pouring of molten
metal into the mouth.

7.1.1.3.3 In sales of persons and animals, the contract stipulates
that the seller must pay double if the sale item is “vindicated,” that
is, successfully claimed by a third party.

7.1.2 The sale was in principle complete once the purchase price
had been received. There is evidence, however, for transactions on
a credit basis. In a text from Ur, PN 1 bought a cow valued at nine
shekels of silver.^119 After stating that the cow was purchased at her

(^116) I.e., “It is complete; he (the seller) is satisfied; he (the buyer) is free (of fur-
ther obligations).”
(^117) See Gurney, Middle Babylonian.. ., 3–8.
(^118) E.g., TuM 5 66 (= Petschow MB Rechtsurkunden 1); CBS 12917 (= Brinkman
MSKH 9).
(^119) UET 7 33.
WESTBROOK_f12–484-520 8/27/03 12:27 PM Page 509

Free download pdf