A History of Ancient Near Eastern Law

(Romina) #1

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26). Release could be unconditional (TBR 32) but was often linked
to an obligation to serve the owner (and spouse) for the duration of
their lives (Emar 177; RE 27, 66). Sometimes the owner would adopt
the manumitted slave and even give a male slave the owner’s slave
woman or daughter in marriage (RE 26, 82). Manumission by adop-
tion could also be accompanied by the obligation to serve; in TBR
41, this was the purpose behind the owner’s giving his slave in adop-
tion to his wife and son.

4.3.4.1.2 Indirect manumission is recorded in TBR 70, where the
owner gave a slave woman to her daughter-in-law with the condi-
tion that she be given in marriage as a free woman.

4.3.4.2 Redemption


4.3.4.2.1 In many enslavement contracts an express clause sets out
the right of redemption and the price. It could take the form either
of the debt itself (Emar 205) or “its equivalent” (té“.bi/mit¢ari“: ASJ
13:17; Emar 118; Sigrist 1), which Zaccagnini has argued meant in
addition to the debt, that is, a payment of double,^27 or alternately
be expressed in terms of furnishing a suitable substitute. Mostly one
person is demanded (ASJ 13:18, 37; TBR 25), but sometimes more
(TBR 52; Emar 83; AO 5:11—“four good quality women” for a man,
his wife, and daughter; Emar 217—ten persons for four children).

4.3.4.2.2 Contracts usually do not specify the redeemer, except that
it must have been a person who had this right in general law,
expressed by the verbs “vindicate” (baqàru) or “redeem” (pa†àru; cf.
Westenholz 2). In Emar 83, it is contemplated that the seller will
say “Give me back my daughter.” TBR 52 assumes that the slave’s
father or uncle have priority in redemption, failing which others must
pay double. In Emar 205, the slaves’ uncles are given first refusal.
In Ekalte 28, the father who gave his son into slavery to save him
from famine must wait ten years before redeeming him.

4.3.4.2.3 Slaves might redeem themselves out of their peculium. In
Emar 121 it is contemplated that the slave pay from “silver at his

(^27) Zaccagnini, “TÉ”.BI.. .” This interpretation is contested by Dombradi,
“Studien...”
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