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Early Ancient Near Eastern Law a History of Its Beginnings the Early Dynastic and Sargonic Periods

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Early Ancient Near Eastern Law a History of Its Beginnings the Early Dynastic and Sargonic Periods BAYERISCHE AKADEMIE DER WISSENSCHAFTEN PHILOSOPHISCH-HISTORISCHE KLASSE SITZUNGSBERICHTE · JAHRGANG 2003, HEFT 2 CLAUS WILCKE Early Ancient Near Eastern Law A History of its Beginnings The Early Dynastic and Sargonic Periods Vorgelegt von Herrn Dietz Otto Edzard in der Sitzung vom 4. Juli 2003 MÜNCHEN 2003 VERLAG DER BAYERISCHEN AKADEMIE DER WISSENSCHAFTEN In Kommission beim Verlag C. H. Beck München ISSN 0342-5991 ISBN 3 7696 1623 5 © Bayerische Akademie der Wissenschaften München, 2003 Satz und Druck: Druckerei C. H. Beck Nördlingen Gedruckt auf säurefreiem, alterungsbeständigem Papier (hergestellt aus chlorfrei gebleichtem Zellstoff) Printed in Germany Early Ancient Near Eastern Law 3 For Joachim Krecher who once introduced me to Akkadian STT 2:400,46: 70 úmú arkútu Early Ancient Near Eastern Law Claus Wilcke Preface These pages are based on the original version of a contribution intended for a compendium of the “History of Ancient Near Eastern Law”, Handbuch der Orientalistik 72, Leiden 2003 (HANEL) from the beginnings in the 4th millennium B. C. down to Hellenistic Times in the 4th and 3rd century B. C. The chapter on the 4th and 3rd millennia before the advent of the 3rd Dynasty of Ur in the 22nd century B. C. grew too detailed and too long to find room between the covers of the planned book Raymond Westbrook was to edit. He very generously and effectively distilled a highly condensed and much abbreviated ver- sion from my MS in a size just acceptable for the publisher’s. He suggested that this long version be published, too, with its argu- ments on philological details relevant for the legal interpretation of the sources. Raymond Westbrook also kindly gave liberally much of his precious time and, “with a light hand”, corrected my rusty English. He also contributed suggestions for the interpretation of some problematic documents. I cannot express in words the many thanks I owe him for his efforts. The mistakes are, of course, mine. Some smaller changes and corrections of the contribution to HANEL could be made, additional material could be included and an introduction and indices were added; the chapter on treaties and international legal relationships left out in HANEL was kept. * * * A study like the one presented here would be impossible without the ground-breaking work of others who first edited, analysed and studied the documents forming the basis of the systematic picture tentatively drawn in the following chapters – tentatively because of our still limited understanding of the grammar and lexicon of the Sumerian language as well as of the already better known Old Ak- 4 Claus Wilcke kadian dialect. Tentatively, too, because of the fragmentary state of preservation of our sources and of the much scattered documenta- tion over time and space in southern Mesopotamia. Foremost among those who prepared the ground stands Dietz Otto Edzard, who in his “Sumerische Rechtsurkunden des 3. Jahrtausends vor der 3. Dynastie von Ur” of 1968 gave the schol- arly world an exemplary edition of the then known legal docu- ments from the 3rd millennium B. C. Only 6 years later, Joachim Krecher’s “Neue sumerische Rechtsurkunden des 3. Jahrtausends” (1974 a) could add a greater number of new sources, which he further analyzed in detailed studies (1974 a-b; 1980). Documents in the Old Akkadian dialect from Northern Baby- lonia and the Diyala region, many of them recording contracts and other legal affairs, have since 1952 been published and in the first place linguistically analyzed by Ignaz J. Gelb, especially in the five volumes of his “Materials for the Assyrian Dictionary.” It was again Gelb who together with his pupils P. Steinkeller and R. M. Whiting provided researchers of ancient societies with a monu- mental work on “Earliest Land Tenure Systems in the Ancient Near East: Ancient Kudurrus,” published postumously in 1991. In recent years, P. Steinkeller has also considerably contributed to the field of research with newly published and edited texts and their study. But for these scholars – and others as well – and their basic work, this study would not have been possible. If in several cases I propose a reading or understanding different from their earlier one, the new interpretations could never have been found without their many insights into the writing system, form, structure, lexicon and grammar of these texts. It is to them that I extend my sincere thanks. Early Ancient Near Eastern Law 5 Table of Contents Preface ............................................................................... 2 Introduction ......................................................................... 9 0. Late 4th and early 3rd millennia ............................... 18 0.1 Earliest written records relating to matters legal ..... 18 0.1.1 High office ............................................................ 18 0.1.2 Area controlled and relationship between authori- ties and commoners on different levels .................. 19 1. Sources of law .................................................................. 21 1.1 Law codes and edicts ............................................. 21 1.2 Administrative orders and appeals to higher authority ................................................................ 25 1.3 Private legal documents ......................................... 25 1.4 Scholastic documents ............................................. 27 1.5 Non legal sources .................................................. 27 2. Constitutional and administrative law .................... 28 2.1 Organs of government ........................................... 28 2.1.1 The king ............................................................... 28 2.1.1.1 The king as Suzerain ............................................. 28 2.1.1.2 Early political theory on kingship .......................... 29 2.1.2 The legislature ....................................................... 30 2.1.3 The Administration ............................................... 31 2.1.3.1 Central administration ........................................... 31 2.1.3.2 Provincial and “city state” administration .............. 32 2.1.3.3 Local government .................................................. 33 2.1.3.4 Taxes, public service and corvee ............................ 33 2.1.4 The courts ............................................................. 35 2.1.4.1 Judges .................................................................... 35 2.1.4.1.1 The king as judge .................................................. 36 2.1.4.1.2 Royal judges ......................................................... 37 2.1.4.1.3 Officials in judicial Function .................................. 37 2.1.4.2 The Commissioner ................................................ 39 2.1.4.3 Other officials ........................................................ 41 6 Claus Wilcke 3. Litigation ............................................................... 42 3.1 Terminology ......................................................... 42 3.2. The parties ............................................................ 42 3.3 Procedure .............................................................. 42 3.4 Self help ................................................................ 47 3.5 Settlement out of court ......................................... 47 4. Personal status ....................................................... 49 4.1 Citizenship ............................................................ 49 4.2 Class ...................................................................... 51 4.3 Gender and age ..................................................... 52 4.4 Slavery .................................................................. 53 4.4.1 Terminology ......................................................... 53 4.4.2 Status ..................................................................... 54 4.4.3 Creation ................................................................ 55 4.4.4 Termination .......................................................... 57 5. Family ................................................................... 59 5.1 Marriage ................................................................ 59 5.1.1 Conditions ............................................................ 59 5.1.2 Terminology ......................................................... 60 5.1.3 Formation ............................................................. 61 5.1.3.1 Marriage contract .................................................. 61 5.1.3.2 Costs ..................................................................... 62 5.1.4 Marital property .................................................... 63 5.1.4.1 The Ušumgal Stele ................................................ 63 5.1.4.2 The Blau Monuments ........................................... 64 5.1.4.3 Gifts to the wife: dowry and/or marital gifts .......... 64 5.1.4.4 Gifts to the groom ................................................. 65 5.1.5 Dissolution of Marriage ......................................... 66 6. Property and inheritance ....................................... 67 6.1 Tenure .................................................................. 67 6.2 Inheritance ............................................................ 68 6.2.1 ED I to Fára period ............................................... 68 6.2.2 Fára and Old Sumerian periods .............................. 69 6.2.3 Sargonic period ....................................................
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