A History of Ancient Near Eastern Law

(Romina) #1
According to Théodoridès, P. Berlin 9010 may record in fact a
preliminary investigation of the dispute. Sebekhotep having brought
this complaint against Tjau, the judges, not otherwise mentioned,
decide how to proceed. The text contains numerous legally inter-
esting, if obscure, statements and phrases, such as “to satisfy his wife
and children.”^148 While the position of Sobekhotep and the nature
of the presiding court are unknown, the document exhibits several
basic elements that are significant throughout Egyptian legal history:
the oral nature of the proceedings, and the importance of docu-
ments, witnesses, and oaths.

3.2.3 In some (particularly sensitive?) cases, investigations or trials
may have been secret. At least so the description of the conspiracy
trial of the queen in Weni’s inscription seems to suggest.^149

3.3 Evidence


The oath or witnesses could serve to establish authenticity, but we
do not know what methods an Old Kingdom court would use to
ascertain proof of an assertion.^150 There is no evidence for recourse
to oracles in the Old Kingdom proper; divine judgments are a phe-
nomenon most popular in the New Kingdom and Third Intermediate
period.

3.3.1 Witnesses


3.3.1.1 Forensic
In P. Berlin 9010, if Sobekhotep fails to present three (?) witnesses
in support of his statement, he loses his case.^151

3.3.1.2 Transactional
The property transfer of Wepemnofret (Fifth Dynasty) is recorded
“in writing” and carried out before “numerous witnesses.”^152 The

(^148) Cf. also the obscure phrase m §nw=f, “in seinem (Haus)-Inneren,” in P. Berlin
9010, for which, see Franke, Verwandtschaftsbezeichnungen.. ., 300–301.
(^149) Poalcek, “Procès...”
(^150) Pirenne, “Preuve.. .,” 22–24, discusses P. Berlin 9010, with regard to the
subject of proof. See also Seidl, Einführung.. ., 34.
(^151) Doret, Verbal System.. ., 54.
(^152) Goedicke,Rechtsinschriften.. ., 31. Cf. also the sale of Tjenti, Urk. 1, 158, l. 5.
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