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168, 169, 201). It may happen that the summons is ignored, in which
case a new summons is sent, perhaps with a threat of arrest.^373.3 Evidence
3.3.1 MAL describe the proving of a case with the verb burru, which
designates proof by any means.^38 It is often associated with kunnu,
their combined meaning being “to bring charges and convict.”^39 The
plaintiffmust bring material evidence of his claims before the court.
The sources mention seizure in flagrante delicto, testimony, oath,
and ordeal.3.3.2 For adultery (MAL A 15) and witchcraft (MAL A 47), seizure
in flagrante delicto does not dispense with the need for material evi-
dence: testimony, plus exhibits for witchcraft. On the other hand,
the two types of evidence are mutually exclusive in the case of rape
of a wife (MAL A 12). A criminal conviction has to be based on
the testimony of two witnesses (MAL A 47).^40 A fragmentary document
(OBT 2083+) contains the declaration of a witness concerning the
fraudulent sale of a slave: the witness confirms that he saw the slave
in the house of a man whom he names, and he seems to give a
description of the woman and her hairstyle.^41 A solemn declaration
before the gods could be demanded of the parties (or the witnesses?)^42
in litigation over the value of the widow’s dumàqùjewelry (MAL A
25 in fin., which expressly excludes ordeal and oath).3.3.3 In the absence of rational proof, use was made of the oath
or the ordeal. The oath is attested for theft by a wife (MAL A 5),
leaving the marital home (MAL A 22) and in cases of witchcraft
(MAL A 47). For witchcraft, the law provides for two types of oath,
based on a complicated situation: two men saw the sorcerer prac-(^37) See the proposed readings by Ebeling, “Archiven.. .,” 36, for KAV 169:21–24
and the obscure threat in KAV 168:19–22.
(^38) CAD bâruA, 127b mng 3.
(^39) Driver and Miles, Assyrian Laws.. ., 339–43; Cardascia, Lois.. ., 94–95.
(^40) On the application of the rule testis unus testis nullusin cuneiform law, cf.
Cardascia, “Témoinage...”
(^41) Postgate, “Ladies.. .,” 91–93.
(^42) MAL A 25:90–92: “As for the rest, they shall cause (it) to be passed before
the gods, they shall prove (it) and take (it).”
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