A History of Ancient Near Eastern Law

(Romina) #1

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7.9.1.2 Movables


7.9.1.2.1 Boats
The most common example, although far less frequent than houses,
is hire of boats. The size of the boat and the period of hire are not
normally mentioned. The hire is payable in silver. Sometimes the
boat is hired together with its crew. Frequently, the boat is hired by
persons to whom the boat has been made available by the owner,
while the persons hiring out the boat may be referred to as “boat-
men” (malà¢u). These persons must therefore have sub-let boats in
the pursuance of their profession. Boats were generally given for hire
by private persons, while the hirer in the extant contracts is often
the Eanna Temple at Uruk—a circumstance to be ascribed to the
large proportion of documents stemming from that archive. The hirer
was liable for damage to the boat and was responsible for repairs,
although this is not stated expressly. The route and purpose for
which the boat was to be used could also be stipulated.

7.9.1.2.2 Hire of other movables is rarely attested, for example,
barrels (dannùtu: VAS 6 40 = NRVU 144; VAS 6 87 = NRVU 145,
with irregular formula) and other containers.^184

7.9.1.2.3 The term ana idìis attested only occasionally in connection
with animals^185 and never in contracts for the hire of animals (see
7.9.2.3 below).^186

7.9.1.3 Services^187
The term ana idìis found in connection with contracts for “carry-
ing out” (ana èpi“ànùti) work, as the payment for such works. It is
not possible to make a sharp distinction between the terminology of
“hire” and “lease” in these contracts (see 7.9.2.2 and 7.11 below).

7.9.1.4 Persons^188
In form, hire of persons is like the hire of other movables. Both the
hirer and the person hired might be slave or free, although pre-

(^184) For examples, see CAD I/J 20 sub idùe) in fin.
(^185) E.g., donkeys: see CAD I/J 20 sub idùb) in fin.
(^186) Ries, “Miete.. .,” 178; Bolla, Untersuchungen.. ., 139–49.
(^187) Ries, “Miete.. .,” 180 §3.
(^188) Ibid., 180 §4 “Dienstmiete”; see also San Nicolò, “Dienstvertrag,” §2. Regarding
slaves, see Dandamaev, Slavery.. ., 112–31 (cf. also 132–36: slave women in brothels).
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