531
free (a““uràiu).^49 But it is hard to see how an ethnic term, “Assyrian,”^50
which would be expected to designate the common status,^51 could
have undergone the semantic shift to a term for an inferior class.
The question revolves mainly around MAL C+G 3, where it seems
to describe a hierarchical difference between “Assyrian” and “patri-
cian” (a"ìlu). In actual fact, this text concerns the conditions under
which a pledge may be sold abroad (see 7.3.3.3 below). In the same
way, the law dealing with physical maltreatment that may be inflicted
on the pledge (MAL A 44) does not reveal the inferiority of the
a““uràiubut describes what the creditor is allowed to do if he holds
the pledge for the full value of the debt. Furthermore, the powers
accorded to the creditor are identical to those of a husband over
his wife, who does not belong to an entirely separate social group,
even if she occupies a subordinate position in society. The term
a““uràiu therefore denotes the geographical origin of the individual
and by extension, the law applicable to him. It indicates an initially
free person who is enslaved as the result of an unpaid debt (MAL
C+G 3; MAL A 44).4.2.2 Slaves
4.2.2.1 As in the Old Babylonian period, slavery could be perma-
nent (by birth) or temporary (for debt). There is little information;
the laws mention slaves, men and women, principally in penal pro-
visions. Documents of practice concerning slaves are rare: for the
fifteenth to twelfth centuries, there are only two slave-sale contracts
(KAJ 169 and 170), a loan with the pledge of a slave (KAJ 53),
enslavement as a penalty for dereliction of the adoptee’s duty to the
adopter (KAJ 6), and two cases of female servants given as “ulmànu
gifts (KAJ 98 and 100).4.2.2.2 Slavery could be a last resort to ensure survival in a time
of famine. Thus, an Assyrian woman, who had been enslaved “to
stay alive and be taken” (ana balà†u u leqe) is redeemed when the(^49) Driver and Miles, Assyrian Laws.. ., 284–86; Cardascia, Lois.. ., 53; Saporetti,
Leggi.. ., 51.
(^50) Koschaker, Untersuchungen.. ., 75–76, for whom the noun applies to a “citizen
of A““ur.”
(^51) Cardascia, Lois.. ., 53.
WESTBROOK_f13–521-563 8/27/03 12:27 PM Page 531