A History of Ancient Near Eastern Law

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and in the title of a list of contributors to YHW, also drawn up by
Jedaniah (TAD C3.15). So while the term “Jewish Troop” was a
catch-all designation, no Jew headed a detachment; but the Jews did
have a collegium of five to deal with internal affairs (EPEB22:5–6).

2.3 The Courts


Cases at Elephantine requiring judicial resolution included probate,
property dispute, land tenure, theft, and destruction of the Jewish
Temple. Sometimes the judges appeared alone (“Damidata and his
colleagues the judges” [EPEB24:6]); sometimes in conjunction with
the Troop Commander and designated “judges of the king” (EPE
B47); and then again alongside the Troop Commander and other
officials, where they were called “the judges of the province” (TAD
A5.2:6–7); or together with the “hearers and overseers,” all of whom
were “appointed in the province of Tshetres” (EPEB17:9); or even
alongside heralds and two groups of provincial scribes (EPE B10).
In a case we may call probate, they assigned a share to two sisters
(EPE B47), and in a letter to Arsham, reference is made to “the
share given in the province” (EPE B10).


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3.1 Evidence


3.1.1 In the property dispute between Mahseiah and the Caspian
Dargamana, the court ordered Mahseiah to take an oath by YHW
that the property did not belong to Dargamana (EPEB24:4–7). Four
other cases, two criminal and two civil, likewise involved judicial
oaths, probably taken in a temple. PN was to swear by YHW that
he had not stolen fish from Mahseiah son of Shibah (TADB7.1),
and Malchiah was to declare before the god ›erembethel that he
had not assaulted the complainant’s wife and stolen his property
(EPEB50). The records of these cases are two fragmentary contracts
setting forth the consequences in case the defendant refused to take
the oath. The third document is a record of such an oath involv-
ing denial of receipt of an animal (EPEB52). A fourth document is
an intact contract recording an oath of Mibtahiah by the Egyptian
goddess Sati about goods (EPEB30:4–6).

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