A History of Ancient Near Eastern Law

(Romina) #1

732    


(RS 15.85), perhaps as a means to compensate them for their sec-
ondary status in intestate succession.

7.2 Sale^37


7.2.1 Sale documents can be styled either ex latere venditoris, using
the expression “to give for silver” or also often “to release for sil-
ver” (pa“àru ina kaspi), or ex latere emptoris, expressed by the phrase
“to receive for silver” (leqû ina kaspi). Where land is concerned, sur-
face measurements are sometimes given. Most of them belong to the
category of royal deeds (in which the king presides over the trans-
action), and they accordingly have the same format as gifts (e.g., the
legal rights and duties of the transferee). Indeed, the king may also
appear as transferring the property after the transaction between the
two parties has been completed (see 2.2.2 above).

7.2.2 In some cases, the sale actually deals with the practice of
redemption. This repurchase is expressed by the phrase “to redeem
for money” (pa†àru ina kaspi, e.g., RS 8.213bis). It has been suggested
that the verb ßamàd/tu(often rendered by the logogram “ám.til.la,
lit. “in full payment”), used in sale documents to denote definitive
transfer of the property to the buyer, means precisely definitive alien-
ation of the property—that it is no longer redeemable.^38

7.2.3 The few examples of sale of movables concern sales of per-
sons (cf. the international sale of a horse in RS 16.180). Redemption
of people from foreign hands, probably enslaved for debts, is also
attested (e.g., RS 16.191+ = KTU 3.4).

7.3 Exchange


Exchange documents can be formulated as mutual conveyances (ex
latere alienatoris, with the verb “to give”) or acquisitions (ex latere emp-
toris, with the verb “to receive” in RS 16.158). The nature of the
transaction can also be recorded at the beginning of the text with
the expression “to make an exchange” (pù¢ata epè“u, e.g., RS 16.140;
cf. the Hurrian version pù©ugar in RS 15.86).

(^37) See Kienast, “Kauf,” 532–37.
(^38) Westbrook, Property.. ., 114f.
WESTBROOK_f18–718-735 8/27/03 12:30 PM Page 732

Free download pdf