A History of Ancient Near Eastern Law

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to undergo the test, by stating: “I will not go to the river ordeal”

(ana/ina ¢ur“an làallak), he lost the case.^33

3.6.4 In six documents, a further proviso is appended to the cus-

tomary formula ordering that the parties go to the ordeal: “con-

cerning this (legal) matter, they shall go to the ordeal. Whoever

withholds/is held back (“a ikkallû) (scil. from the ordeal)” either will

be put to death^34 or will be judged according to the king’s order.^35

Among other things, the crucial point at issue is to ascertain what

“a ikkallû(kalûN [= passive]) actually means. The many divergent

renderings^36 basically infer two different concepts: (a) to turn back,

keep away, from the river test, that is, to refuse to undergo the

ordeal; (b) to undergo the ordeal without perishing in the river, thus

being “held back” from the test. The former interpretation is faced

with the problem of clarifying the difference between refusal (làalàku)

of one party to take the ordeal and “turning back” from it;^37 the

latter must assume that the person who “comes back (alive)” from

the ordeal was nevertheless found guilty.^38

3.6.5 A different and more intriguing scenario is revealed by a few

documents in which the party declared the loser in the case must

reimbursehis opponent andtake the ordeal.^39 In the absence of clear

textual evidence, it is difficult to venture any interpretation as to the

scope and consequences of the ordeal, as attested in these records.

3.7 The Oath of the King

A few litigation records concerning ownership of land or over the

sowing and harvesting of grain mention “pronouncement of the oath

(^33) See JEN 467; 659+SMN 1651; cf. Wilhelm, “Ein neuer Text zum Ordal...”
(^34) AASOR 16 74: 24–26; 75: 29–31.
(^35) HSS 9 7: 23–26; HSS 13 422: 35–38; cf. HSS 14 8: 16–18. Gadd 29: 43–44
prescribes the forfeiture of real estate.
(^36) Cf., e.g., CAD K, 104a: “who keeps away”; ”/1, 145a: “who refuses”; ”/2:
“whoever is found guilty [sic!]”; Hayden, Court Procedure.. ., 160: “whoever holds
back”; AHw, 429a, s.v. kalûN 1 c: “zurückgehalten werden”; Wilhelm, “Ein neuer
Text zum Ordal.. .,” 71, n. 3: “(Derjenige), der zurückgehalten wird.”
(^37) In the first instance, the party loses the case; in the second, he is either to be
killed or handed over to the king for judgment.
(^38) See Wilhelm, “Ein neuer Text zum Ordal.. .,” 71.
(^39) HSS 5 50 and 45; see also JEN 467: 24–26; 662: 90–92; cf. JEN 393: 8–13.
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