A History of Ancient Near Eastern Law

(Romina) #1

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4.4.2 Creation


4.4.2.1 Debt slavery does not seem to be the widespread phenom-
enon known from earlier periods (see 7.6 below). The sale or trans-
fer of children or other family members into slavery was extremely
rare, generally due to famine. Most cases are of foundlings or fos-
ter children.^72 The long-term indenture of family members, however,
was possible in the form of antichretic pledge. The discussion of
slaves below relates only to chattel slaves.

4.4.2.2 Penalty
In Cyr. 312 mentioned above (4.3.2), a father obtains a court order
annulling his son’s marriage concluded without his consent. The
bride is threatened with slavery should she make contact with the
groom again.

4.4.2.3 Houseborn
The offspring of slaves automatically belonged to the owner, even
when they were born in the house of the owner’s creditor to a slave
given in antichretic pledge.^73 Children of a freed slave woman were
themselves free only if born after her manumission.^74 A free woman
who was married to a slave had to leave at least one child with the
slave’s owner (BM 94589).

4.4.2.4 Foreign slaves might be acquired by war or by trade. In
Camb. 334, a man sells a slave woman whom he acquired as booty
in a campaign in Egypt. In Camb. 143, a Babylonian merchant pur-
chases a slave woman in Persia.^75

4.4.3 Families
Slaves could live as families, and the terms “spouse” (DAM) and
“husband” (mutu) or “wife” (a““atu) are used as with free persons.

(^72) E.g., BM 94589: a woman offers a foundling in exchange for the release of
her own child; TBER 71 (= TEBR 69): a man pledges his parents’ foster child.
(^73) In Moldenke I 11 (new copy and ed. CTMMA 3 47), a man sells a slave
woman whom he had pledged to another, together with her child that she had
borne “in the meanwhile” (ina libbi), i.e., while she was pledged....
(^74) Cf. the lawsuit concerning the status of the children of Là-tubà“inni; Wunsch,
“Und die Richter.. .,” 62–67.
(^75) Dandamaev, Slavery.. ., 107–11.
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