A History of Ancient Near Eastern Law

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of theft.^141 According to the texts, the surety “took charge of him

(the prisoner)” (pùssu im¢aß, lit., “struck his forehead”), “gave his

seal(ed tablet)” (kunukka“u iddin), or “stood for him” (izizz) and “set

him free” (u“èßì“u). The surety could agree to turn over the released

prisoner or himself pay what was owed. In cases of theft, he might

agree to turn over the culprit or himself pay the penalty,^142 or make

good losses suffered.^143 The surety himself could be liable to pay

whatever the debtor owed^144 or be himself subject to seizure^145 if he

failed to produce the suspect by the appointed time. Having pur-

chased a prisoner’s release, the surety had the right to imprison the

debtor to recover his bond (see 7.4 above).

The surety’s penalty for failure to fulfill the terms of his contract

varied from multiples of two to twelve.^146

7.7 Hire

Information about hire is gleaned from references to movables and

their hire (idàtù) in expense lists. We have no texts concerning lease

of land.

7.7.1 Movables

7.7.1.1 Animals

Plow oxen are hired. If the animal suffers damage under the hirer’s

care, he is obliged to make good the owner’s loss.^147

7.7.1.2 Vehicles

Hire of boats and wagons appear in expense lists.^148

(^141) UET 7 19, 20 (suspicion of stolen goods), 75 (cattle); BE 14 119 (cattle); TuM
5 67 (= Petschow MB Rechtsurkunden 10) (possession of a runaway slave).
(^142) UET 7 75.
(^143) BE 14 119; Petschow MB Rechtsurkunden 10.
(^144) UET 7 18.
(^145) UET 7 17.
(^146) For penalty multiplied by a factor of two (UET 7 2, 24); six (?; BE 14 119);
ten (UET 7 10); twelve (UET 7 75).
(^147) E.g., BE 14 48, whereby the hirer failed to provide a replacement ox and
must make good the loss of the owner’s crop.
(^148) E.g., BE 14 65; BE 15 19, 66, 81, 112, 159, 179.
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