A History of Ancient Near Eastern Law

(Romina) #1

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seem to be a generic term for loan.^73 The standard Babylonian term
¢ubulluis also used (e.g., TBR 84; Emar 252), as is ¢ubuttàtu(written
¢ubettètu), which may have designated a special type of loan (TBR 49).

7.2.2 It is sometimes specified that a loan bears interest, but not
the rate.^74 Interest may be made payable only after the due date
(ASJ 13:33). Ekalte 68 has the clause “it bears no interest and is not
subject to debt-release” (ul ußßab ul iddarrar), frequently attested at
Alalakh (level VII).

7.2.3 A due date for repayment is seldom mentioned.^75 In TBR
49, an arrangement is made for a third party to pay a debt if the
debtors fall into arrears (? u¢¢aruni), in exchange for taking over
claims that they in turn have for debts owing. In RE 96, the “broth-
ers” assemble and confirm under oath that debts are owed to the
creditor “because of his hardship” (a““um dannùti“u).^76 The creditor
held the tablet of loan, which was to be broken on repayment (Emar
24, 75, 127).

7.3 Pledge^77


7.3.1 The same term (qàtàtu) is used for both pledge and surety. It
is sometimes difficult to distinguish between the two. Land may be
pledged (TBR 53—as warranty of title in sale of land), or family
members (TBR 27—wife; Emar 88—brother and family), or both
(Emar 77; RE 58). In Emar 87, a quantity of alum is pledged to
secure a loan of silver. The pledge may be hypothecary (e.g., TBR
53). The creditor/pledgee is sometimes called the “father” of the
debtor/pledge (TBR 34; Emar 117).

7.3.2 Personal antichretic pledge is attested at Emar, where it is
called amèlùtu. In its basic form, the debtor (and/or his family) enters

(^73) Postgate,Fifty Neo-Assyrian Documents, §3.2.4; see Kwasman & Parpola, Legal
Transactions.. ., nos. 26, 263, 323.
(^74) ASJ 13:34 may contain a reference to interest added “at the city rate” (kìmaàli).
(^75) In Sigrist 5, a loan for a trading venture (ana ¢arràni) is payable on its com-
pletion.
(^76) In RE 18, the creditor assigns his claim to whichever of his children survives
the current plague.
(^77) Hoftijzer and van Soldt, “Security.. .,” 200–202; Skaist, “Emar...”
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