A History of Ancient Near Eastern Law

(Romina) #1

880 


until later” [EPEB44:11]), and so the father donor was obliged to
add a waiver of reclamation (EPE B25:18–19 with n. 52, 44:9–11)
and, like in sales, a renunciation of any “new [i.e., recent] or old
document” that might supersede the present one (EPEB25:15–18,
43:21–22, 44:15–17). In most cases, these bequests were meant to
remain within the family and not be alienated by the recipients to
outsiders. The investiture clause stated, “To whomever you love you
may give it” (EPE B25:9–10 with n. 33, 43:21), that is, whichever
heir or beneficiary you prefer. The various deeds of withdrawal have
been discussed above.


  1. C


7.1 Sale (see under Property above)


7.2 Loan


Money and grain were borrowed, lent, and owed, and promissory
notes were drawn up by the debtors laying down the amounts and
terms of payment. No two contracts are alike, but the amounts at
hand are no more than a few shekels. We may distinguish between
actual loan contracts, where the debtor stated something like “I came
to your house in Syene and borrowed from you and you gave me
emmer” (EPEB46:2–4) or simply “You gave me (a loan of ) silver”
(EPEB34:3 [4 shekels], 48:1 [3 1/2 shekels]), and deeds of obliga-
tion, which began, “You have (a claim) on me (for) silver” (EPE
B51:3 [2 shekels]; TADB4.5:2–3 [4 shekels]). The cash loans were
for a year at 5 percent monthly interest. In one case, failure to pay
at the end of the year allowed the creditor to seize any of the debtor’s
property as security until payment was made, while his heirs inher-
ited the debt (EPEB34). In the other case, the debt was to be repaid
from the debtor’s monthly government allowance and failure to pay
by year’s end meant that the outstanding balance was doubled and
continued to bear interest (EPE B48). In contrast to these stringent
terms are the conditions for the grain loan. The grain was to be
repaid out of the monthly ration, apparently without interest. Failure
to do so within a grace period of twenty days entailed a ten-shekel
penalty, which was likewise inherited by the heirs, whose property
could be seized as security (EPE B46).

westbrook_f24_863-881 8/27/03 1:35 PM Page 880

Free download pdf