A History of Ancient Near Eastern Law

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4. PS

4.1 Citizenship^56

A free citizen was referred to as màr banê(lit., “son of an excellent

(person)”), approximately the functional equivalent of the Old Baby-

lonian awìlum. On manumission, a slave would receive a tablet of free

status (†uppi màr banûti).^57 The guarantees given by the seller of a slave

included a warranty that the slave did not have free status. The màr

banê, in the sense of the leading citizens, could also constitute a tri-

bunal. Citizenship of particular towns is attested, but only as a group

(e.g., sons of Babylon) constituting one of the elements of a court.^58

4.2 Class

4.2.1 Oblates (“irkùtu)^59

4.2.1.1 A considerable number of persons were given to the tem-

ples, often by their parents. As “irku“oblate” (the term is derived

from “aràku “to donate”), they formed a separate socio-legal class,

often referred to by scholars as temple slaves but to be distinguished

from slaves in the strict sense. (Slaves are also attested in the tem-

ples, to which they could be donated as property.) The term is found

in slave sale contracts, as a status the absence of which the seller

warranties (alongside royal slaves and other categories of status that

would remove the person purchased from the buyer’s ownership).

Such dedications are attested until the second century.^60

4.2.1.2 Oblates belonged to a particular temple, for which they were

obliged to work. The temple also had a claim upon their children, who

could not be given in adoption or sold as slaves without permission.^61

(^56) Dandamaev, “Citizens.. .,” and “Composition.. .”; but see the reservations
of Roth, “Contested Status.. .,” 486–87.
(^57) As in the case of Là-tubà“inni (Nbn. 1113), discussed by Wunsch, “Und die
Richter.. .,” 62–67. Cf. also Weisberg, “Màr BanùtuText...”
(^58) BM 35508(+)38259:5: “ìbùt àli màrèBàbili(5 AB.BA URU DUMUme“TIN.TIRki).
LÚ GN and LÚ DUMU URU GN, on the other hand, are merely designations
of geographical origin.
(^59) See Dougherty, The shirkûtu.. .: Dandamaev, Slavery.. ., 469–557 (II. Temple
Slavery).
(^60) Oelsner, “Griechen in Babylonien...”
(^61) In attested cases of adoption of an oblate’s children, the adopter himself most
probably belongs to the temple (Nbk. 439, collated), or senior temple officials give
the child in adoption (Revillout, PSBA 9).
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