A History of Ancient Near Eastern Law

(Romina) #1

642    


7.5 Conclusion of a betrothal contract (HL 29) is indicated by the
verb “bind” (¢amenk-). The bride is bound to the groom, the agree-
ment being between the latter and the bride’s parents. The girl is
not consulted; she is a contractual object. The parents may unilat-
erally rescind the contract but in that case that must restore double
the betrothal payment that they received from groom. If the groom
wishes to rescind, he may do so, provided the marriage is not yet
consummated. The betrothal payment is then forfeit to the bride’s
parents.

7.6 Sale


7.6.1 Although no details of the contract are known, the practice
is attested of interference by a third party, who undercuts the seller’s
price in order to win over the buyer (HL 146–48). These paragraphs
mention as contractual objects skilled or unskilled (dampupi-) persons,
oxen, horses, donkeys, houses, villages, orchards, or meadows. Elsewhere
there is mention of potters, smiths, carpenters, leather-workers, fullers,
weavers, bulls, sheep, goats, foals, clothing, spelt, orchards, and meat
(176b–85).

7.6.2 A price tariffis given in HL 176b–85. It is said to apply to
the “city” (URU), without making clear which city is meant.^80

7.6.3 Sale of land was presumably accompanied by the drafting of
a document, as is attested for land grants. Sealing was probably
incumbent upon the seller, and witnesses would be recruited for pub-
licity. For movables, simple transfer seems to have sufficed.

7.7 Apprenticeship


Whoever trains an apprentice as a carpenter, smith, weaver, leather-
worker, or fuller receives a fee of six shekels of silver (HL 200b).
The last clause of this provision is unclear.^81

(^80) See Hoffner, Laws.. ., 222.
(^81) Ibid., 227.
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