A History of Ancient Near Eastern Law

676    

the outer circle of potential heirs, who are paid a small bribe to

relinquish any vestige of a claim to the land that might disturb the

buyer’s quiet possession.^41 At Ekalte, the “brothers” are more promi-

nent. They are present at the settlement of property disputes, where

each party apparently had their own “brothers” (Ekalte 20, 21), and

they have their own heralds (nàgiru) and head (rab a¢¢è).^42

6.1.3 Apparently, temples could be privately owned. ASJ 10:C

records (in a broken context) the transfer of a temple of Ereshkigal

by its priests to a private individual who supported them in a year

of famine (cf. TBR 87).

6.2 Servitudes

In TBR 86, the king of Emar confirms the “irrigation rights” (“iqìtu)

belonging to a family.

6.3 Inheritance^43

6.3.1 Sources

Our knowledge of inheritance law comes entirely from testamentary

documents similar to the †uppi “ìmtifound at Nuzi and in Syria of

the Late Bronze Age. They contain complex arrangements that

involve not only transfer of property but adoption, marriage, sup-

port, and maintenance of the family cult.

6.3.2 Intestate Succession

Inheritance was governed by customary law (kìma àli, “according to

(the custom of ) the city”) which can only be discerned by implica-

tion from the testamentary documents. The head of a patriarchal

household theoretically owned all its property, which on his death

was divided by his legitimate sons. Failing sons, grandsons could

inherit (TBR 76), and failing direct descendants, the property passed

to the deceased’s brothers or their male descendants (see, e.g.,

Emar 30, 213; ASJ 13:23). More distant relatives may have been

included in the term “brothers,” beyond whom lay the lim eqli, pos-

(^41) Cf. Zaccagnini, “Ceremonial Transfers.. .,” 37.
(^42) See Mayer, Ekalte.. ., pp. 25–26.
(^43) Beckman, “Family Values.. .,” 71–75; Arnaud, “Vocabulaire de l’heritage.. .”
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