A History of Ancient Near Eastern Law

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clauses than later Demotic leases. Leases of farm land were normally
for one agricultural year (“from the water of year x to the water of
year x + 1”). The plots were usually quite small. We know from Greek
sources that leases of land for growing fruit trees were for longer
terms because of the nature and the risks inherent in fruit produc-
tion. They may have been renewable, but Ptolemaic leases have a
clause that prohibits extension of the lease. It is generally agreed
that in most cases the lessor kept the written lease contract until the
termination of the lease, when it was returned to the lessee.^145 Third
parties may also have kept the contract until all conditions were
satisfied.^146 In Early Demotic leases, the size of the leased plot is not
indicated, and the rent was always a share of the harvest.^147 In later
leases, rent was either a fixed share or a percentage of the harvest.^148
There was generally a regional variance in the form of the Ptolemaic
lease. In the Fayyum, lease contracts required rent to be paid in
advance (prodomatic).^149 In Upper Egypt, the lessee declared, “You
have leased to me.. .” In the Fayyum, it was the lessor who declared,
“I have leased to you.. .” The rule of Hughes that it was the weaker
legal party who drew up the lease in general holds.^150 Legal “weak-
ness” was determined by who paid the harvest tax. In Ptolemaic
Upper Egyptian leases, the lessee paid the harvest tax and the rent,
after the harvest. In Fayyumic leases, it was the lessor who was
responsible for the harvest tax, since normally at least part of the
rent was delivered in advance.^151 The start and termination of the

without formal written leases. The survey of land each year and the recording of
tenants obviated the need for written lease contracts. See Shelton and Keenan,
Tebtunis IV, 7. For leasing practice, P. Mattha is of great importance.

(^145) Martin, “Land Lease.. .,” 172.
(^146) Vleeming, Gooseherds of Hou, 87.
(^147) Hughes, Saite Demotic Leases... The early Demotic leases date from the reign
of Amasis (Saite period) and derive from Thebes. The earliest written leases now
date to the reign of Taharka and are written in cursive hieratic, published by
Donker van Heel in RdE48, 49, and 50. New editions of the Saite leases are pub-
lished by Donker van Heel, Abnormal Hieratic... Hughes, text 1 = Donker van Heel
suppl. 24; Hughes text 2 = Donker van Heel text 5; Hughes, text 3 = Donker van
Heel, text 6; Hughes, text 4 = Donker van Heel, text 17; Hughes, text 5 = Donker
van Heel, text 19; Hughes, text 6 = Donker van Heel, text 20; Hughes, text 7 =
Donker van Heel, text 21.
(^148) Felber, Demotische Ackerpachtverträge.. ., 151–58. On the so-called “Teilpacht”
type of lease, see ibid., 155; Herrmann, Bodenpacht.. ., 204–13. For the harvest
share in earlier Demotic texts, see Donker van Heel, Abnormal Hieratic.. ., 43–44.
(^149) Hughes, Saite Demotic Leases.. ., 31–34.
(^150) Hughes, “Notes.. .,” 152.
(^151) Felber, Demotische Ackerpachtverträge.. ., 118.
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