A History of Ancient Near Eastern Law

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limiting his economic power by making the release periodic, not
dependent on the initiative of governing authorities. This rule may
reflect a very early agrarian relief that was superseded by royal-ini-
tiated deror (“liberty”); it may be the idea of someone disillusioned
with monarchy; or it may come from the post-monarchic periods.

7.5 Suretyship


Guarantors are not mentioned in the laws. Proverbs, on the other
hand, advise people strongly not to “strike the palm” (toqe'a kap), that
is, to stand surety ('oreb) for someone not in the family, and the many
proverbs about this matter indicate that this was a fairly widespread
practice. Only a fool “strikes the palm” (Prov. 17:18), because it is
likely to go ill for the guarantor (Prov. 11:15). Should the guarantor
not have the wherewithal to pay offthe debt, his own goods will be
taken, even “your bed from under you” (Prov. 22:26–7), even his gar-
ment (Prov. 20:16). Proverbs therefore advises that if one has given
surety, one should not wait until the debt is due but go immediately
to his fellow to beg to be released from the arrangement (Prov. 6:1–3).

7.5.1 The narrative in Genesis 44 refers to a similar practice within the
family, though not in the context of loans. Judah is guarantor that
he will bring his brother home. When Joseph wants to detain Benjamin,
Judah offers to stay or be taken into slavery instead of Benjamin.

7.6 Hire


The technical term for hire is ≤akar, which is used to describe both
the action of hiring and the hiring fee.

7.6.1 Hire of persons is for a period of time, during which they are
under the command of the hirer. Thus kings hire mercenaries (2 Kings
7:6), Micah hires a Levite as his priest for an annual wage plus food
and clothing ( Judg. 17:7–12; 18:4), and Leah “hires” Jacob for a night
from Rachel for the price of her son’s mandrakes (Gen. 30:14–16).
Workers were hired on a daily basis; the law stipulates that his wages
are to be paid on the same day (Lev. 19:13; Deut. 24:15).

7.6.2 Injury to hired animals is mentioned by Exodus 22:14, but the
provision is obscure.

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