A History of Ancient Near Eastern Law

(Romina) #1

 699


The loan documents provide information as to two possible ways
to end slavery for debts: by redemption through repayment of the
debt, or by a royal debt-release decree (anduràrum). AT 65, however,
specifies that the debtor’s condition as a menial at the service of her
creditor is not to be altered through the promulgation of such a
decree.^13


  1. Family


There are no sources relating to family law from this period.



  1. Property and Inheritance


6.1 In AT 6, the testament of the ruler Ammitaqum, the property
to be transmitted to his heir Hammurapi is described as consisting
of “his house, his towns, his territories and everything else.” Towns
(sg. àlum), together with their borderlands (qadum pà†i“u) and territo-
ries (eperu), are also the object of transfer (characteristic of this archive)
in many deeds of conveyance.^14
The nature of the property rights enjoyed by their owners is not
quite clear. That different degrees of ownership must have existed
is shown by the litigation document AT 11, in which the accused,
Yarim-Lim, proves that the plaintiff, his sister, did not have full own-
ership of the town under dispute. Some of the tenures involved may
have been inherited shares directly (or indirectly) held from the Great
King of Yamkhad.^15

6.2 Disputes about succession are well attested (AT 7, AT 9, AT
11, AT 57, AT 95, or AT 455). These documents leave no doubt
that sons as well as daughters were entitled to inherit the paternal
estate.^16 Both AT 7 and AT 11 are lawsuits between brother and
sister concerning property of their deceased father. In fact, in AT 7
the house under dispute is described as having belonged to their

(^13) Likewise, in the five other examples in which reference is made of this decree,
it is explicitly stated that the debts under consideration are not to be remitted.
(^14) See Zaccagnini, “Asiatic Mode of Production.. .,” 68–81.
(^15) Note that the property under dispute in AT 95 is a royal share transmitted
from Yarim-Lim to his son Ammitaqum and that in the deeds of gift AT 86 the
ruler of Alalakh grants property to his son and daughter.
(^16) See Ben-Barak, “Inheritance by Daughters.. .,” 28ff., with a discussion of
AT 7.
WESTBROOK_f17–692-717 8/27/03 12:29 PM Page 699

Free download pdf