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more rarely, the temple, lends grain, drawn from the public granaries
(bìt ¢a“ìme)^16 or from temple reserves allocated for this purpose.^172.1.3 The Courts
Judicial powers are shared by the king as ex officio judge under the
title aklu(see 3.1), administrative officials (see 3.2 below), and judges
proper (dayyànù). Nothing is known of their training or professional
qualifications. According to MAL, they hear the declaration of a
widow without means of support and investigate her circumstances
(MAL A 45), they establish a landowner’s dereliction of duty with
regard to irrigation in common (MAL B 17–18), and they attest in
writing to the due discharge of formalities in a sale of land (MAL
B 6). They have penal jurisdiction in matters of adultery (MAL A
15), theft (MAL C+G 8), and witchcraft (MAL A 47). There is per-
haps a geographical division, if the existence of “judges of the land”
(dayyànè“a màti: MAL C+G 8:6)^18 is accepted, representing local juris-
diction in contrast to royal jurisdiction. The choice of local or royal
jurisdiction depends on the victim (MAL A 15) or on the gravity of
the offense. Thus, theft is punishable by the judges up to a certain
sum, above which the punishment will be at the king’s discretion
(MAL C+G 8).^19 There is no evidence of priestly courts (see 3.3
below).2.2 Feudal Tenure
2.2.1 There seems to have existed a general royal doctrine giving
the palace eminent domain over all the land in the kingdom, includ-
ing private land.^20 The latter is very difficult to distinguish from land
granted by the king in exchange for feudal service (ilku). A feudal
tenant could actually alienate the land (KAJ 162) or pass it to his
heirs. The state, through its high officials, also gave land to provin-(^16) Postgate, Archive of Urad-”erùa.. ., nos. 28, 54–56; cf. also Harrak, “bìt ¢a“imi...”
(^17) Aynard and Durand, “Documents.. .,” no. 3.
(^18) Driver and Miles, Assyrian Laws.. ., 509; Cardascia, Lois.. ., 310; Saporetti,
Leggi.. ., 125; contra Roth, Law Collections.. ., 194, n. 44.
(^19) Cf. the interpretation of Roth, Law Collections.. ., 184; contra Cardascia, Lois...,
310–11.
(^20) Postgate, “Ilku.. .”; contra Diakonoff, “Conditions.. .,” and Freydank,
“Grundeigentum.. .,” 80, who maintains that communal family property existed in
the villages.
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