A History of Ancient Near Eastern Law

(Romina) #1

632    


(Hitt. arawa-; Akk. LÚELLUM), and that part of the population for
which the Hittite term is not known; instead the Sumerian ÌR/ARAD
or Akkadian WARDU, meaning “servant” and sometimes translated
as “slave,” is used. There are also several segments of the popula-
tion with a special designation.

4.1 Free Persons


The example of kings shows that freedom was by no means unfet-
tered. The king is steward (maniya¢¢atalla-) of the Storm God.^46 King
Muwatalli I addresses the Sun God with the words “My Lord (is¢asmis),
just lord of judgment.” In his Apology, Hattisili III reports that the
goddess Ishtar has ordered him: “With your whole household enter
my service (ÌR-a¢¢ut)”^47 and that he, as high priest, was to observe
strictly the calendar of festivals. The officials at court are “slaves of
the king,” and their subordinates “slaves of the slaves of the king.”
The freedom in question, therefore, is that which a person within a
particular social class enjoys to a greater extent than others. Royal
officials to whom land (together with its farmers, livestock, and equip-
ment) is given as an appanage or to whom a mausoleum is given
are said to receive their freedom thereby, as do farmers, merchants
or guilds, and the persons named in HL 50 and 51 who are granted
exemptions from feudal dues.

4.2 “Slaves”


Güterbock refers to “slaves in the strict sense,”^48 apparently refer-
ring to chattel slaves such as those of classical antiquity. This char-
acterization may have been valid for house slaves whose master could
treat them as he wished when they were at fault,^49 but it is less suit-
able when they were capable of owning property and could pay
betrothal money (HL 34) or fines (95, 97). The meaning “servant”
seems more appropriate, or perhaps the designation “semi-free.” It
comprises every person who is subject to orders or dependent on
another but nonetheless has a certain independence within his own

(^46) Ibid., 16.
(^47) Ünal, “Hymnus.. .,” 796; Otten, Apologie.. ., III 4.
(^48) Güterbock, “Bemerkungen.. .,” 93 (“Sklaven im eigentlichen Sinne”).
(^49) Götze, “Pestgebete.. .,” 217.
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