A History of Ancient Near Eastern Law

(Romina) #1

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8.3.2.1 Theft also includes kidnapping (HL 19–21), since persons
may be owned or at least subject to the rights of one who has con-
trol over them, if semi-free.

8.3.2.2 Tablet 1 lists the theft of a series of animals (HL 57ff.),
ranging from oxen, pigs, and dogs, to bees.^100 This takes up roughly
half the provisions in the tablet. Tablet 2 contains only about thirty
relevant provisions, mostly connected with agriculture. To these belong
also provisions concerning arson (105 and 106) and diversion of irri-
gation water (162).

8.3.2.3 It is noteworthy that Tablet 2 contains five provisions con-
cerning damage to vineyards (101, 105, 107, 108, and 113). Wine
(wiyana-) was evidently an important commodity. In a royal direc-
tive to a border commander named Himmuili, it is stated: “The
grapes should be harvested. No damage should be done to them.”^101
A senior official at the royal court bears the title “Great One of the
Wine” (GAL.GE”TIN).

8.3.2.4 HL 162 punishes illicit tampering with the main canal in
an area of irrigated fields.^102 The damage consists in illicit excava-
tion or diversion of the water.

8.3.2.5 HL 25 imposes a fine for the contamination of some kind
of water container.^103

8.3.2.6 HL 149 deals with a fraudulent seller. After conclusion of
the sale but before delivery, he falsely claims that the ox for which
payment has been made (in a variant version, it is a man) has died,
and he therefore is no longer under a duty to deliver. If the fraud
is discovered, he must pay two “heads.”^104

(^100) Koro“ec, “Sistematika...”
(^101) Alp, Hethitische Briefe.. ., no. 31.
(^102) Haase, “Wasserrecht.. .,” 224f.
(^103) Hoffner, Laws.. ., 131.
(^104) Haase, “Kaufrechtliche Bestimmungen.. .,” 17–21.
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