A History of Ancient Near Eastern Law

(Romina) #1

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The role and function of merchants, who might especially be expected
to employ written contracts, remain rather shadowy.^244
Titles and references in documents suggest that a bureaucracy
responsible for the recording, registering, and archiving of contracts
existed in the Third Intermediate period. The title “scribe of the
seal/contract of the god” has been understood, for example, to refer
to a scribal official who draws up and registers contracts between
private persons and temples.^245
The parties to abnormal hieratic contracts explicitly forbid family
members—son, daughter, brother, sister—from disputing a legal trans-
action.^246 In a Twenty-first Dynasty oath concerning a “work contract(?),”
a woman swears before witnesses that if she “speaks (again)” (i.e.,
goes to court) concerning the matter, “her tongue will be cut off.”^247

7.1 Sale^248


7.1.1 In his oracular inscription, Menkheperre (ca. 1000) states: “Look
after these people, citizens of Thebes. Let them be given payment
in exchange for the plot of land...Let the payment be large [from]
the (treasury) of Amun-Re.”^249 In the same text, the proper fashion
of the sale of land is emphasized: “They (the sellers) were given pay-
ment in exchange for the plot of land, saying in the presence of the
Great God: ‘We have received the [payment from the ki]ng’s s[on.]
We are paid in full thereby.’ ”^250

7.1.1.1 In P. Brooklyn 16.205 (ca. Sheshonq III; 825–773)^251 the
details of a land sale are described: “Account of the money which
PN paid in exchange for 1/2 1/8 (aroura) of field which he bought
from the Outline-draftsman PN.”^252 P. BM 10800 is a particularly

(^244) Meeks, “Fondation.. .,” 249–50. See also Meeks, “Borne.. .,” 77; Caminos,
Osorkon.. ., 58.
(^245) Vittmann, “Eine genealogische Inschrift.. .,” 327.
(^246) Allam, “Obligations.. .,” 95.
(^247) ’ernÿ, “Parchemin du Louvre NoAF 1577,” 234. See also Jansen-Winkeln,
Text und Sprache.. ., 284.
(^248) On sales in the abnormal hieratic documents, see Seidl, Ägyptische Rechtsgeschichte


.. ., 42. sw≈(“transfer”) is one common word employed for a legal transfer; see
Malinine, “Jugement.. .” 165 (“transmission légale”).


(^249) Epigraphic Survey, Scenes, vol. 2, 17.
(^250) Ibid., vol. 2, 18.
(^251) Edwards, “Egypt.. .,” 563.
(^252) See also Parker, Saite Oracle Papyrus.. ., 51.
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