A History of Ancient Near Eastern Law

(Romina) #1

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7.5.3 In Westenholz 12, the brother of the debtor redeems land
held in pledge (vb. kullu) for less than the value of the debt. He is
said to redeem “like a stranger.” Here the purpose of the clause is
evidently to make the transaction the equivalent of purchase of the
land and thus bar any future claim by the creditor to the balance
of the debt.^79

7.5.4 The clause “it bears no interest and is not subject to debt-
release” in a loan contract (Ekalte 68; see 7.2.2 above) indicates the
existence of royal debt-release decrees, as does the term anduràru
“debt-release” (in broken context) in a contract for the purchase of
land (Ekalte 2:10).

7.6 Suretyship


Apart from simple debt, sureties were provided to warranty title
(Dalley 5) or against flight of a slave (Emar 209). In the latter case,
the nervous creditor took a surety of the surety. In TBR 34, a hus-
band releases his wives and children from pledge by standing surety
for them. In Ekalte 31, five persons charged with raiding a herd
(i“¢i†ù) provide a surety, perhaps for the judgment debt. Sureties
could be seized on default by the debtor (ASJ 13:A; cf. Emar 116).

7.7 Partnership


There are only isolated examples. In TBR 51, two partners jointly
purchase a vineyard and take shares of one quarter and three quar-
ters respectively, corresponding to their contribution to the purchase
price. In TBR 85, the owner of a vineyard gives it for planting, in
return for a half share of the developed land. This arrangement was
considered until division a personal contract, not a sale of real estate,
since it is expressly extended to the owner’s sons if he dies.


  1. C D


Only two crimes are mentioned in the sources.


(^79) Note that it is the redeemer, not the creditor/transferor, who is responsible
for claims against his title.
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