A History of Ancient Near Eastern Law

(Romina) #1

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ness appear before the court and offer testimony in support of a
particular party’s version of the facts. That party then had the respon-
sibility for meeting the condition by producing the additional wit-
ness. The verdict states that if the condition is fulfilled, that party
wins the case; if not, victory would be for the opposing party. If the
accuser had established a prima facie case, then the court would
place the burden on the accused to produce an exculpatory witness,
often with a deadline for appearance (e.g., Nbk. 366: one week). If
a prima facie case had not been established in the court’s opinion,
as in the case of a thief who identifies the accused as receiver of
the stolen goods, the burden is on the accuser, with no deadline (cf.
YOS 6 191, 214, and 235).

3.2.6 The judges are said to have deliberated (malàku Gt) before
reaching their decision. It is frequently stated after the verdict that
in order that there be no further claims, the judges have drafted a
document, sealed it with their seals, and given it to the successful
litigant. The document in question would vary according to the
nature of the verdict, for example, a debt note for payment of a
fine or a deed to property.

3.2.7 Parties occasionally turned to the courts to have extra-judicial
settlements endorsed, for example, in complicated inheritance disputes.
The judges would examine the facts of the case, and if the agree-
ment was in accord with the principles of the law, the court would
confirm it and have an official document drafted to that effect.^47

3.3 Evidence


In contrast to other periods, use of the oath and the ordeal seems
to decline in favor of rational methods of proof and documentary
evidence seems to rank above the testimony of witnesses. Even the
temples preferred to give conditional judgments, pending the testi-
mony of witnesses, than to rely on a party’s oath.

3.3.1 Documents
Reliance on documents is greater in property and business disputes.
A document could take precedence over an oath, as in YOS 6 169,
when the defendant, accused of misappropriating animals, claims that

(^47) See Wunsch, “Und die Richter.. .,” 67–68.
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