A History of Ancient Near Eastern Law

(Romina) #1

614 


8.4 Misappropriation
Misappropriation of animals was punished with simple repayment in
kind, for example JEN 326, where a herdsman flayed three oxen of
his master’s cattle without the presence of a (professional) butcher,
JEN 353, a similar case concerning the unauthorized flaying of two
oxen, and JEN 360, where two people were found guilty of flaying
a horse and eating its meat.

8.5 Negligence
This heading includes some cases of injury to oxen, either by a man
or by another ox under the care of a herdsman. The penalty con-
sisted in replacing the animal ( JEN 335, 341; cf. JEN 349, which
imposes an additional payment of two hundred sheep, in consider-
ation of the fact that the injury to the ox had taken place eight
years before).

8.6 Slander
The penalty for slander was one ox. JEN 332 concerns an incident
that occurred during the arguing of a lawsuit before a bench of
judges: one of the litigants openly accused the court’s president of
being prejudiced against him. The president of the court sued his
accuser and a number of witnesses confirmed the disrespectful behav-
ior of the litigant, who was condemned to pay one ox to the judge
he had wrongfully insulted. In Gadd 28, a person is brought to court
for having said to another person: “You are full of leprosy!” Three
witnesses confirmed this: “PN said to PN 2 : ‘You are full of leprosy...
do not approach me!’” Having refused the ordeal, the defendant lost
the case and was condemned to pay one ox to the plaintiff.

A

CHD The Hittite Dictionary of the Oriental Institute of the University of Chicago,
Chicago 1980 ff.
Gadd C.J. Gadd, “Tablets from Kirkuk,” RA23 (1996) 49–61.
Jank. N.B. Jankovska, “Legal Documents from Arrapha in the Collections of the
U.S.S.R. In Peredneaziatskij Sbernik, Moskva 1961, 424–580.

B

Andrews, S.J. The “upe""ultu‘Exchange’ Transaction at Nuzi. Ph.D. diss., Hebrew
Union College, Cincinnati, 1994.
Bottéro, J. Le problème des ›abiru à la 4eRencontre Assyriologique Internationale. Cahiers
de la Société Asiatique 12. Paris: Imprimerie Nationale, 1954.

WESTBROOK_f14–564-617 8/27/03 12:28 PM Page 614

Free download pdf