A History of Ancient Near Eastern Law

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transfers of land and prebends recorded on stone in the form of

entitlement narûs by rulers and sometimes by temples, in the formula

“the king has granted” (irìm). There is no formal or legal difference

between the Middle Babylonian and the later examples.^149

7.3.1 In a few cases, the “gift” formula is used although there is

a quid pro quo, mostly in silver: “for...PN 2 (recipient), PN 1 (donor)

has given x silver” or the like (kùmobject PN 2 PN 1 x kaspa iddin).^150

The affinity to sale documents is even closer in two late texts from

the vicinity of Babylon.^151

7.3.2 It is often emphasized that the gift is voluntary (ina ¢ùd libbi“u)

and in perpetuity (ana ùmi ßâti). In the earlier period, breach of con-

tract is either penalized with a curse (VAS 5 21 = NRVU 12) or

made subject to the oath of the parties (VAS 5 52 = NRVU 22).

In later examples the no-claims clause can be used for this purpose

(BaM 21, 563 no. 1), or a prohibition on alienation of the property

can be expressed through the verb “alà†uin the quit-claim clause.^152

7.4 Loan^153

Loans represent the largest group among the documents of the first

millennium. They are attested from 700 until the Hellenistic period

(third/second centuries), and until ca. 300 at Uruk. The objects of

loan are predominantly silver, barley, and dates, but may be other

fungibles or wool, tiles, and other products, which are repayable with

their equivalent value, as in earlier periods.

(^149) See also OIP 114 97:27; Jursa, Archiv.. ., p. 148 (BM 42348:7).
(^150) E.g., VAS 5 37 = NRVU 16. See also documents from Seleucid Uruk, e.g.,
TCL 13 239 = Spek, “Land Ownership.. .,” 213–18, concerning which Petschow’s
conclusions (Pfandrecht.. ., 135–37) must be reconsidered in the light of the realization
that lúSIPA-[ú]-túdoes not mean “partnership” but rè"ùtu/rèmùtu“gift”. See further
CM 12 45–51 = Oelsner, “Recht im hellenistischen Babylonien.. .,” 140–42
(“Schenkungskauf ”).
(^151) Thus the typical gift formula cited above (“PN 1 has drafted a sealed document
concerning the object and passed (it) to PN 2 ” = PN 1 object iknuk-ma pàniPN 2 u“adgil)
is used in sale of land: CT 49 131 and 169 (Hellenistic period, see Spek, “Land
Ownership.. .,” 215–225; Oelsner, “Recht im hellenistischen Babylonien...,” 137).
The no-claims clause and warranty against eviction are used to secure the contract.
(^152) Krückman, Babylonische.. ., 42–43, 48–49 (“Wehrformel”).
(^153) San Nicolò, “Darlehen” 126, §3; NRVU 192–95; Petschow, Pfandrecht...,
9–51; BR 6, p. 58. See also Oelsner, “The Neo-Babylonian Period,” 289–305.
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