A History of Ancient Near Eastern Law

-  925

it was imposed by the court, not volunteered by a party. In AOAT

203, 158–9, no. 1, the court also imposes the oath, in response to

which the witness seeks to avoid the issue.

3.3.3.3 In PBS 2/1 140 both parties swear contradictory oaths, appar-

ently voluntarily. One party nonetheless loses, paying forthwith the

disputed sum. Joannès suggests that these oaths may have been pre-

liminary to an ordeal procedure.^50

3.3.3.4 The oath was taken before a divine symbol, such as the divin-

ized weapon of Marduk (UET 4 171) or the iron dagger (TBER 6).

In BM 77425, a scribe is to swear by the god Shamash and by the

stylus, the symbol of the scribal god Nabû. In CM 20 166, it is to

take place in a magic circle at sunrise (weather permitting).^51 UET

4 171 reveals the curse component of such an oath, which invokes

sickness upon the protagonist and death for his wife and children.^52

3.3.4 Ordeal

There is no mention of the ordeal in legal sources, but a literary

text attributed to the reign of Nebuchadnezzar II relates in detail

how the king sent an accused murderer and his accuser to the

Euphrates for the ordeal, since the accusation was not proven. One

(the accused?) plunged and disappeared, to the great vexation of the

king, but his body emerged some hours later as if consumed by

fire.^53 It has been suggested that the text reflects the view that the

guilty were burned by a sub-aquatic fire.^54 It has also been suggested

that the text reflects a real occurrence, due to the hot bitumen springs

at Hit, a traditional location for the ordeal.^55 At all events, the text

raises the possibility that the ordeal was still practiced in this period.

(^50) “La pratique du serment.. .,” 172–73.
(^51) The magic circle (gi“¢uru) is also mentioned in connection with the oath in a
contemporary literary text: Lambert, “Nebuchadnezzar.. .,” IV 25.
(^52) See Streck, “Kudurrus Schwur...”
(^53) Lambert, “Nebuchadnezzar.. .,” III 21–IV 23.
(^54) Beaulieu, “A Note on the River Ordeal...”
(^55) Heimpel, “River Ordeal...,”
westbrook_f26_911-974 8/27/03 1:36 PM Page 925