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7.2 Exchange
Records of exchange, often called “tablets of exchange” (†uppi “upêlti)
are attested from the late eighth century (VAS 1 70 col. 2:1–28,
dialogue document) until the Seleucid period.^145 Their objects arefields,
houses, prebends (e.g., VAS 5 108 = NRVU 112: field in exchange
for a prebend), and slaves (Camb. 349 = CM 20 209: house for a
field and three slave women). The difference in value is usually
adjusted by a supplementary payment (takpu“tu), which is sometimes
formulated as a sale, in which case the contract is secured by a no-
claims clause (VAS 5 38 = NRVU 110). The formulary is not uni-
form; in particular, the quit-claim clauses differ from contract to
contract. Sometimes a penalty is imposed for breach of contract (e.g.,
UET 4 32 = BR 8/7 31; BIN 2 135). With a few exceptions (e.g.,
VAS 5 18 = NRVU 109) the parties both stand surety.7.3 Gift
Unilateral transfer of property without a quid pro quo can occur
for various reasons: in contemplation of death (see 6.2.6.2 above),
by way of dowry (see 6.2.4 above), or simply “as a gift” (ana rè/ìmùti).^146
The first two derive from relations based on family law; the basis
for the third is unknown. Apart from houses, fields, orchards, prebends,
and slaves, household objects are also transferred on this basis. The
formula is usually: “PN 1 has drafted a sealed document concerning
the object and passed (it) to PN 2 ” (PN 1 object iknuk-ma pàni PN 2
u“adgil),^147 whereas the terms qâ“u, “to give as a gift,” and the cor-
responding noun qì“tuare rarely used.^148 The verb nadànu, “to give,”
is used often (in the earlier period: VAS 6 117 = NRVU 25; late
Achaemenid: BaM 21, no. 1; in Seleucid Uruk: BRM 2 5; 6 = 7).
From the Kassite period to the seventh century, the verbrâmu“to
grant” (also in the phrase ana rìmùti râmu) is the standard term in(^145) NRVU, p. 144; Krückman, Babylonische.. ., 58–61; Lewenton, Rechtspraxis.. .,
22–24, 68. The verb is also used for payment in kind, e.g., rent (see CAD ”/3
319–20, sub “upêltu).
(^146) NRVU, pp. 17–18; Krückman, Babylonische.. ., 44–47; Petschow, Pfandrecht.. .,
139–42. The terminology in the scholarly literature is not uniform: “transfer of
property,” “donation,” and “gift” are all used.
(^147) Typical examples: NRVU 11–27.
(^148) E.g., VAS 5 37 = NRVU 16. The transfer by an official of an area of arable
land to the goddess Amar-ußur“u, i.e., a religious endowment, is called a “gift” (writ-
ten logographically NÍG.BA) on one occasion (RIMB 2 B4.0.2001, pp. 84–85).
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