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6.5 Transfer inter vivos
Transfer inter vivosdid not take place through conveyance, as else-
where in the Near East. Instead, real estate (plots of land, in most
cases) was alienated typically by means of adoption. The seller would
“adopt” the purchaser as a “son” (ana màrùti) and give him an “inher-
itance share” (zittu) of the family estate. For his part, the adoptee
presented the adopter with a “gift” (qì“tu), consisting of commodi-
ties: in most cases barley but also silver or other staples.6.5.1 The origins, nature, and legal effects of these particular màrùtu
adoptions have been the subject of considerable and still unresolved
debate.^126 Whatever its origin, it is certain that this type of adop-
tion, by means of which title to family land was transferred to an
outsider in the form of an anticipated bequest, was nothing other
than outright sale. In this regard, important clues are provided by
an early deed of conveyance attesting to the use of the term “ìmu,
“purchase price,” instead of the standard term qì“tu, “gift,” with ref-
erence to the valuables handed over to the adopter by the adoptee.^127
Equally revealing is the parallel use of qì“tuand “ìmuwith reference
to the same transaction, in JEN 582: 8–9 (tablet of màrùtuadoption)
and JEN 528: 7 (list of barley payments), respectively.^1286.5.2 There are also a few records of real-estate transfers formally
styled as gifts inter vivos. The key terms are either magannùtu(“pre-
sent”)^129 or qì“tu(“gift”), which are used to qualify both the land con-
veyed and the commodities paid as its price.^130 While these transactions(^126) Cf. Maidman, A Socio-Economic Analysis.. ., 92–123; Zaccagnini, “Land
Tenure.. .,” 81–91; Dosch, Zur Struktur.. ., 118–54.
(^127) Fadhil, “Ein frühes †uppi màrùti.. .” For other occurrences of “ìmuin con-
nection with land transfers, cf. Zaccagnini, “Land Tenure.. .,” 82.
(^128) As an alternative to “ìmuand qì“tu, the Hurrian term irana (// Sum. IGI.DU 8
= Akk. tàmartu), “compulsory gift,” is sporadically used. For a discussion of the
semantic range of iranain the Nuzi texts, see Wilhelm, “Hurritisch e/irana/i.. .,”
with previous literature.
(^129) The word is an Akkadian abstract formation from Indo-Iranian>Hurrian mag-
aunu, “gift, present.”
(^130) JEN 492, 605, 493, 283, 556, 530. For an analysis of textual details, cf. Maid-
man, A Socio-Economic Analysis.. ., 130–31. Note that in JEN 493 (a magannùtu
text) and JEN 530 (a qì“tutext), the seller does not receive any payment; in JEN
605 (a magannùtutext), the movables handed over to the seller are qualified as
NÍG.BA = qì“tu.
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