To Whom Does a Wronged Man Turn for Help? the Agent in Old Babylonian Letters. by Shirley Graetz

To Whom Does a Wronged Man Turn for Help?

The Agent in Old Babylonian Letters.

Thesis submitted in partial fulfillment of the requirements for the degree of "DOCTOR OF PHILOSOPHY"

Shirley Graetz

Submitted to the Senate of Ben-Gurion University of the Negev

Approved by the adviser:

Approved by the Dean of the Kreitman School of Advanced Graduate Studies:

March 2012 Adar 5772

This work was carried out under the supervision of Prof. Victor Avigdor Hurowitz.

In the Department of Bible, Archaeology and Ancient Near East.

Faculty of Humanities and Social Sciences. Research-Student's Affidavit when Submitting the Doctoral Thesis for Judgment

I SHIRLEY GRAETZ, whose signature appears below, hereby declare that (please mark the appropriate statements):

___ I have written this Thesis by myself, except for the help and guidance offered by my Thesis Advisors.

___ The scientific materials included in this Thesis are products of my own research, culled from the period during which I was a research student.

___ This Thesis incorporates research materials produced in cooperation with others, excluding the technical help commonly received during experimental work. Therefore, I am attaching another affidavit stating the contributions made by myself and the other participants in this research, which has been approved by them and submitted with their approval.

Date: ______Student's name: SHIRLEY GRAETZ

Signature:______

Acknowledgments

I met many people who influenced me in some way in the course of my doctoral journey. I wish to express my gratitude to these individual, as I am very thankful for having met them. Lucy Plitman, z"l, was the first person who taught me about the Ancient Near East. She was an amazing and charismatic teacher, who kindled my interest and passion to learn more about this fascinating society. She died in the prime of her life, may her memory be blessed. When searching for a topic for my MA dissertation, I was introduced to Dr. Joan Goodnick Westenholz, who suggested that I look into the corpus of the Old Babylonian letters (AbB). These letters have provided me with a topic for my MA and PhD dissertations, and they still do not cease to amaze me. They are a priceless treasure, and I thank Dr. Westenholz for pointing me in the right direction. I cannot express enough my appreciation and gratitude to my teacher and mentor for the last 8 years, Prof. Avigdor Victor Hurowitz. Studying with him has been an honor and a great pleasure. Each class was intellectually stimulating, and I have profited greatly from his deep well of knowledge. But more than a teacher, he is also my mentor, and I can truly say that without his reassurance and help I would have never finished my MA or my doctorate. I thank Dr. Uri Gabbai for lending me a helping hand every time I turned to him. Whether it was finding something in the library or just listening to a lost doctoral student, his kind words and encouragements saved my day many times. I wish to thank my parents-in-law who have supported us financially and stressed the importance of higher education. I especially thank Naomi Graetz for showing me another way of understanding mother- and womanhood. I wish to thank my parents, Simcha and Ilana, for teaching me to be independent from an early age and for having imprinted in me the value of hard work. I wish to thank Ben-Gurion University for providing me with a four and a half year scholarship. Last but not least I want to thank my amazing, loving, and kind husband, Tzvika. Thank you for your great support and acceptance about my being the eternal student for many years.

To my husband Rabbi Tzvi Graetz , who told me: "Go and get a doctoral degree, it's good for us."

Thank you for having so much patience, for being a wonderful father and a kind and loving man, and for teaching me to see things from a better perspective. When I am with you there is nothing more I need.

To my three adorable, beautiful, sweet, smart, and energetic children; Uriah Avshalom, Ayelet Lucy, Talya Miriam.

Thank you for being born, for making me a mother. Your presence completes my soul.

Abstract The main goal of the present study is to examine a social and legal problem in the Old Babylonian period, namely, to whom could a person who was wronged turn for help. Although the Old Babylonian period was characterized by a sophisticated justice system that included laws, legal and social reforms, courts, and arbitration, there were no jurists who studied the law and could be approached by those who needed legal help. Therefore, the question arises whether a person who was not able to deal with a wrongdoer or with the courts directly, was able to turn to others for help. The Babylonian legal system in general has been the topic of discussion since the turn of the 20th century, and many important studies continue to be produced about it. Superior works that have laid the foundation for the understanding of the Old Babylonian court and legal system include M. Schorr, Urkunden des Altbabylonischen Zivil-und Prozeßtechts, 1913; A. Walther, Das Altbabylonishe Gerichstwesen, 1917; J.G. Lautner, Die richterliche Entscheidung und die Streitbeebdigung zum Altbabylonischen Prozessrechte, 1922, Driver G.R. and Miles J.C., The Babylonian Laws, 1952 and Eva Dombradi's Die Darestellung des Rechtsaustrags in den Altbabylonischen Prozessurkunden, 1996. Most of the studies about the law and court system are based on information found in legal sources such as the law corpora, edicts, trial records, and private legal documents. Hardly anything has been written about the early stages of the conflict, when a person came to the realization that he has been wronged and wanted to seek justice. As the major studies are based on information derived from trial records which usually start with the judge's examination or the institution of the trial (dīnam šuhuzu), many important questions are not asked or debated. For example: Does every wronged person know his rights? What if he cannot manage to solve the dispute by himself? Are there people who specialize in helping the wronged person? The only legal source that addresses the question directly is a paragraph of the Stele of Hammurabi: "Let any wronged man who has a lawsuit come before the statue of me, the king of justice, and let him have my inscribed stela read aloud to him, thus he may hear my

precious pronouncement and let my stela reveal the lawsuit for him; may he examine his case, may he clam his (troubled) heart, (and may he praise me) saying."1

The validity of the Code of Hammurabi as an active source for legal activity is greatly debated by scholars. Is the situation described on the stele what actually happened? Did the wronged man (awīlum hablum) always have the ability to understand what was read to him? What if he could not visit the stele because he lived in the villages outside the city, and did not have the means to travel? What if the specific crime was not mentioned on the stele? And what if he was born before the stele was erected? We therefore return to the initial question that the present study asks and explores: Who were the individuals in a position to help a wronged person deal with his (legal) claim? The current study examines this topic using the corpus of Old Babylonian (OB) letters that have been published in the series: Altbabylonische Briefe (AbB). This research focuses on letters written according to a certain schema, an Agent writes on behalf of the wronged persons:

"a-na PN1 qí-bí-ma um-ma PN2,( followed by blessings), aš-šum PN3"

To PN1 say, thus (says) PN2, concerning PN3.

To illustrate the general pattern, a "tag" was assigned to each figure according to its function in the letter. The tag describes the figure’s action in the letter, ignoring specific names, places, and the details of the complaint. This procedure is used to emphasize the similarities and the differences between the letters. PN1 is the addressee of the letter; he is called the Recipient (R). There are three types of Recipients, labeled as follows: The letters in chapter 1 are addresses to the Rw (Recipient-wrongdoer):

This recipient is directly responsible for PN3's problem. The letters in chapter 2 are addressed to the Rh (Recipient-helper): This recipient has the power to help PN3 and is characterized by holding some type of influential position.

1 Transliteration and translation: M. Roth (1995) 134. VII

The letters in chapter 3 are addressed to the Rj (Recipient-judge): This recipient is approached by PN2 in his role of a Judge.

PN2 is the writer of the letter and is called the Agent.

PN3 is the wronged person and is called the Victim.

To examine the persona of the Agent, five questions were formulated and used in each of the first three chapters in order to establish the main characteristics of the Agent. The questions are: 1. Who are the Agent, the Recipient, and the Victim referenced in the letter? 2. What is the relationship between the Agent and the Victim based on the information provided in the letter? 3. What information does the Agent provide to the Recipient in order to help the Victim? 4. In what manner does the Agent approach the Recipient? Is he merely stating the facts of the case, does he criticize the Recipient, or does he flatter him? 5. What is the Agent's request from the Recipient?

Based on the answers to these questions, various types of Agent have been identified. First, all Agents were divided into two main categories: the personal Agent and the impersonal Agent. Personal Agents were people whom the Victim knew personally; they state their relationship to the Victim in the letter. They can be family members, acquaintances, business partners of the Victim, or other individuals related to the Victim through work (owners, employers, overseers). Impersonal Agents do not mention their connection to the Victim in the letters. The different possibilities as to the function of the impersonal Agent are discussed below.

Chapter 1 The letters in this chapter are addressed to the person who is directly responsible for the injustice the Victim has suffered (Rw: Recipient-wrongdoer). The main influence tactic used by both personal and impersonal Agents in this chapter is providing the Rw with relevant information, including the status of the

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Victim or of his property. Furthermore, the Agents criticize, warn, and even threaten Rw, or alternatively in some letters they ask Rw for special treatment or a personal favor. The Agents’ requests vary from letter to letter: to return property that has been taken from the Victim, to release the Victim (or a slave that belongs to him) who is being held unjustly by Rw, or to pay money owed to the Victim. Six of the 14 letters are written by personal Agents, most of them from the Victim's work environment (employer, owner, overseer, business partner). Letters written by personal and impersonal Agents are similar in style and influence tactics. Both types of Agent provide the Recipient with a great deal of information, and they criticize and warn him. Therefore, it is plausible that some of the impersonal Agents did have a personal connection with the Victim, although they made no mention of it in the letters.

Chapter 2 The letters in Chapter 2 are addressed to a person of authority, someone in a position to help the Victim directly by providing him with a solution to his problem (investigating, standing by, influencing the wrongdoer, etc.). He can be a judge, an official of the King, or some other person of authority. He is tagged as Recipient- helper, Rh. The majority of the letters in this chapter follow the same schema as the letters in the first chapter: the Agent writes a letter on behalf of the Victim to the Recipient. In some of the letters, however, the schema undergoes a slight variation, and an additional Agent appears between the Victim and the Recipient, changing the usual three-actor scheme of Victim-Agent-Recipient to a chain of four actors: Victim-

Agent1-Agent2-Recipient. Thus, if the first Agent does not have the proper connection to a person of authority who could be helpful to the Victim, he turns to another Agent, who he thinks is in a position to approach the right person of authority. The Agent's tactics of influence in Chapter 2 are more moderate than those in Chapter 1. Less information is provided about the Victim or his property, but more information about the injustice that the Victim has suffered. In comparison to the letters in Chapter 1, hardly any expressions of criticism, threats, or warnings are used. This is understandable in light of the fact that the Agent wants to persuade the Recipient to help the Victim by making him aware of Victim’s suffering and by

IX evoking Rh’s sympathy and willingness to help. In four letters the Agent uses a soothing tone; twice he approaches the Recipient on a note of personal favor, and twice he flatters him. Six out of the 13 letters discussed in Chapter 2 are written by a personal Agent and seven by an impersonal Agent. As in Chapter 1, the letters of the personal and impersonal Agents are similar in style and in the use of influence tactics.

Chapter 3 The letters in Chapter 3 are addressed to a person in the position of a judge (Recipient-Judge, Rj), and the Agents request a judicial solution (trial or verdict) to make the Victim's injustice right. The letters in this chapter differ in style and influence tactics from those in Chapters 1 and 2. The letters provide very little information or other factual evidence, if any, about the Victim or his property. In some of the letters the Victim's problem is not even specified. The style of the letters is concise; the Agent approaches Rj with the formal blessing, narrates the Victim's problem, if at all, and asks him to grant the victim a trial/verdict. The Agent's main argument to persuade Rj to comply with his request is based on a reference to the law, according to which the Victim is entitled to receive a trial/verdict (dīnam kīma şimdati šuhuzu/ qabû). Comparison is made between letters addressed to a judge (Rj) written by the impersonal Agent and by the Victim himself. The first major difference between the two categories is in the number of letters. In the AbB there are 15 letters written by Agents to the Rj but only 4 letters written directly by the Victim, requesting a trial/verdict. The difference is even more pronounced if we compare to the number of letters written directly by the Victim to Rw and Rh. In the AbB corpus there are far more letters written directly by the Victim (rather than by an Agent) to the person who treated him unjustly (Rw), and there are also numerous letters written by the wronged party directly to Rh, requesting his help. The second difference is the strong contrast between the styles of the letters. The letters written by the Agent are short, containing sparse details, if any, and use the same legal phrases and references to the law as their main argument. The letters written directly by the Victim are longer and rich in details, describing their unjust treatment at length. Although the term dīnam kīma şimdati (according to the law),

X used in most of the letters in Chapter 3, may have been generally known as part of the spoken language given that it is used in other sources as well, it is not used even once in the letters written directly by the Victim to the judge. In general, the letters written by the Victim use a highly personal style, whereas the letters written by the Agent are impersonal and formal. These differences in the tone and style of the letters and in the use of a formulized, legal language by the Agents may imply that when approaching a judge in writing, a certain style was preferable. Most of the Agents in the letters in Chapter 3 were familiar with the short, formal style, and they have a basic knowledge of the law.

Chapter 4 The letters in Chapter 4 are not written according to the schema employed in chapters 1-3, but they provide further information about the Agent, his "professional" relationship with the Victim, and his influence on the Recipient. The letters show that the Agent has knowledge of the court system and of the laws prevailing in Sippar and in other places. The Agent keeps the Victim informed about what he has done: writing letters to the appropriate persons and reinforcing letters written by others. He also informs the Victim about the consequences of his actions, tells him what is going to happen, and asks him to prepare for what lies ahead. In two instances in the letters of Chapter 4, a court procedure has been held up because the Agent represented the Victim's case: a field would not be divided until the Agent and the Victim arrived, and the judge held up a lawsuit for the Victim's opponent because he received a letter from the Agent. This shows the influence the Agent had on the recipient. In the case of the judge, not only did the judge write letters to the Victim requesting him to come, and to the Agent informing him about the Victim's and his own conduct in the matter, but he also delayed the lawsuit of Victim's brother. The judge clearly showed partiality toward the Victim who was represented by the Agent. In one letter written by the Victim to the Agent, it appears that the Victim may have chosen her Agent because she knew that the Agent had connections to the judges who have heard her case, and therefore may have believed that the Agent was most

XI likely to succeed on account of his acquaintances with the judges. The connection between an Agent and the judges may have been a crucial factor in choosing the Agent. We also learn that a person can find himself in the position of the Victim and turn to his superior for help, then be in the position of an Agent, as he is approached by someone working under him.

Chapter 5 Chapter 5 contains a discussion and evaluation of various types of Agents and their most likely distribution. The information assembled in chapters 1-4, and some additional materials serve as the basis for the discussion. In most letters written by a personal Agent, the Agent is connected with the Victim through his work environment (lord, (owner), employer and overseer). This could indicate that some feeling of mutual responsibility existed between employer and worker. The employer, master, or overseer may have felt the need to intercede on behalf of a subordinate, and Victims may have felt that they could approach their employer, overseer, or master with their personal problems. Why did the wronged man, when choosing a personal Agent chose in more than half the cases someone from his work environment, (employer, overseer, or master), to intercede on his behalf rather than a family member or acquaintance? One can assume that the main factor in determining the Victim's choice of an Agent must have been the Agent's ability to influence others and thereby obtain justice. The employer, overseer, or master may have had a higher social status, and therefore greater knowledge and ability to influence the wrongdoer and authorities than the Victims' family and friends. Therefore, the Victims preferred to turn to their superiors with the understanding that they had the power to intercede on their behalf with persons of authority. Many factors have been taken into account in order to determine the identities of Agents who acted as impersonal Agents: the style of the letters (concise and formal vs. detailed and more personal), the use of legal phrases, as well as the arguments and requests of the impersonal Agents. Six possible identities are suggested for the impersonal Agent:

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(1) One of the types of personal Agents who for some reason did not mention his relation with the Victim. (2) A person of authority and very high status, who remits the case to a person of authority of a lower status. (3) A person of authority to whom the Agent came for a judgment, but the person of authority was not capable of dealing with the case and sent him to another person of authority, presumably of stronger capabilities. (4) A person who may have occasionally presided as a judge and had knowledge and connections within the judicial system. (5) A scribe. (6) An individuals of a high social status (e.g., kabtum, rabûm, abi şābim).

Distribution of the impersonal Agents Finding the right Agent depended on the Victim's goal and on the people he knew. The wronged person had to decide whether his goal was to approach the wrongdoer and make him undo his injustice, ask for help from a person of authority, or request a trial. The wronged person also needed to take into account the people he knew whom he could ask to intercede on his behalf. He had to decide whether to approach his family or his employer/master, and whether these were in a sufficiently strong position to influence the wrongdoer. Given that the main goal of the Agent in Chapter 1 was to influence the Recipient-wrongdoer to undo the harm he had caused, the most powerful Agent that the Victim could find would be the best. The higher the social status and the more power the Agent possessed, the better chance he had of influencing the wrongdoer, who himself held a high social position. Thus, the impersonal Agents in Chapter 1 may have been individuals who belonged to the work environment of the Victim, similar to the personal Agents in this chapter. They may have also been individuals of a higher social status (e.g., kabtum, rabûm, or abi şābim), in whose power it was to influence the Rw. In Chapter 2 the Agent sought to persuade the Recipient-helper to investigate, stand by, talk to the wrongdoer or obtain justice for the Victim. Thus, it was best for the Victim to appear well connected, and therefore again it was important to choose a powerful Agent. It is reasonable to assume that similarly to the previous chapter, the

XIII impersonal Agents may have also been from the work environment or were individuals of a higher social standing (e.g. kabtum, rabûm, or abi şābim). More letters in Chapter 2 than in Chapters 1 and 3 use two Agents, suggesting that when writing to the Rh it was very more important to have an influential Agent. Thus, if the Victim did not know a person powerful enough socially, he approached an Agent who did and who was willing to advance his cause. Based on the use of the legal phrases and on the concise style used in the letters in Chapter 3, it has been shown that people who acted as judges and the scribes were in the best position to have acted as impersonal Agents and to have written such letters. Thus, if the goal of the Victim was to institute a trial, it was best for him to approach an Agent who was familiar with the court system and the legal formulas, and preferably, with the judges themselves. From the letters evaluated in this study it appears that when a Victim chose to turn to a personal Agent, in most cases the Victim approached an Agent from his place of employment: his lord, employee, or overseer. This suggests the presence of certain social conventions, including the Agent's sense of responsibility toward his employee, not only in matters concerning work but on a personal level as well. This sense of responsibility goes even further, and in some cases, when the direct employer or overseer of the Victim did not have the necessary influence, he advanced the Victim's case to a higher employer or authority, who would intercede on the Victim's behalf. This same sense of responsibility may have existed to some extent between the powerful and the weak who did not have a close personal relationship. It is possible, therefore, that the impersonal Agent knew the Victim only barely, if at all, but that he felt obligated to use his social status and intercede on his behalf. The Mesopotamian "state," specifically the King, had created a legal system of courts and judges that provided an apparatus for wronged individuals to raise claims for injustices they suffered. The wronged person could turn to the courts for a trial. In special cases, if the outcome of the trial was not to his satisfaction, he could ask to be tried again before a higher authority, a different court, or even before the King. Another possibility was to approach an arbitrator, in which case both parties agreed beforehand to accept the arbitrator's verdict. But the legal system was not always able to deal with each complaint and provide justice for the weak. At times, injustices were inflicted on the weak by

XIV officials of the crown (e.g., taxation and wrongful land allocation), making the courts unsuitable for solving the injustice. Occasionally weaker individuals (e.g., slaves, servants) were unable to handle their own affairs and settle their dispute with their wrongdoers. Others were not able to do so with their peers (e.g., business partners, buyers, seller, heirs), or confront those of higher social status and power (overseers, state officials, judges). In these cases the wronged individuals depended on the help of others, usually in a higher and stronger social position and with a better ability to influence. Enlisting an Agent was for some individuals the only way to achieve justice. Asking an Agent to intercede on one's behalf is mirrored in the religious beliefs of the OB period: an individual made a deity into his personal god, asking him to intercede on his behalf with a higher god. A "social system" of this type, in which the weak approached a stronger and more influential person with a request for help in dealing with an injustice or a problem caused by a wrongdoer, was supplementary to the judicial system provided by the "state." It was a system built primarily on connections and familiarity between people. If the only Agent that the Victim knew was not powerful or influential enough to influence the Recipient, the Agent would bring the Victim's case to yet another Agent, in a higher position on the social ladder, and ask him to intercede on the Victims' behalf. The present study has shown that although there were no professional "lawyers" in the OB period, certain people in society functioned as Agents and helpers of people who had been wronged. In this capacity, they provided a service similar to that provided by present-day lawyers. Thus, the social legal system of the courts and of arbitration, which the king advertised on his stele "in order that the mighty not wrong the weak," was supplemented by a system of people, Agents who used their social status, power, and influence to help the weak obtain justice.

Keywords

Old Babylonian period: letters. Law: a wronged man, legal aid. The court system: judges, arbitration, scribes. Legal terminology: according to the law (dīnam kīma şimdati (šuhuzu or qabû)).

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Contents

Acknowledgments IV Dedication V English Abstract VI Keywords (English) XVI Contents XVII Abbreviations XXIII Table Index XXIV

Introduction 1 1. The parameters for the current study 1 1.1. Methodology 2 1.2. The corpus of the present study 2 1.3. The Old Babylonian period 3 2. Main sources used in studies concerning the law 5 3. Deficiencies of previous studies 6 4. Old Babylonian letters 12 4.1. Earlier studies of OB letters 13 4.2. Characteristics of the letters 14 4.3. Physical aspects of the letters 15 4.4. Sending a letter 15 4.5. Formulaic expression in the letters 15 4.5.1. The opening formula of the letters 16 4.5.2. Introduction of the problem (the wronged person) 16 4.5.3. The writer’s request/remarks 17 5. Study of the Old Babylonian legal system 17 5.1. General studies 17 5.2. Specific studies 18 6. The means available to a wronged person for obtaining justice 19 6.1. The judicial system 19 6.1.1. The Judges (dajjānū) 19 6.1.2. Secular judges and ecclesiastical judges 21

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6.2. The communities 23 6.3. Court bailiff/usher 24 6.4. The King as Judge 24 7. The OB trial procedure 25 7. 1. Preliminary phase 25 7.1.2. Bringing the claim before the judge 27 7.1.3. The judges may transfer the case 28 7.2. Instituting the lawsuit 28 7.3. Examination of the evidence 29 7.4. The verdict 30 7.5. Payments by the litigants 31 7.6. End phase 31 7.7. Retrial 32 7.8. Summary of the court system 33 8. Arbitration 33 9. The Agent: Overview and Methodology of the Present Study 36

Chapter 1: The Agent writes to the Recipient-wrongdoer (Rw) 41 I.2. The relationship between the Agent and the Victim 41 I.2.1. The personal Agent 41 I.2.1.1. The Agent knows the Victim 41 I.2.2. The employer Agent 42 I.2.2.1. The Agent is the Victim's owner 42 I.2.2.2. The Victim works for or is under the Agent's command 43 I.2.3. The impersonal Agent 43 I.3. The information the Agent provides to the Rw in order to help the Victim 45 I.3.1. The Agent clarifies the status of the person or property in question 45 I.3.1.1. The Victim is exempt from obligation 45 I.3.1.2. The Victim is detained 47 I.3.2. Clarifying the status of the property in question 47

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I.3.3. Referring to the law 48 I.4. The manner in which the Agent approaches Rw 49 I.4.1. The Agent criticizes Rw 49 I.4.2. The Agent warns Rw of possible future consequences 50 I.4.3. The Agent approaches Rw on a note of personal favor 51 I.4.4. The Agent threatens Rw 52 I.5. The Agent's request from Rw 52 I.5.1. The Agent requests Rw to return property 52 I.5.2. The Agent requests Rw to pay the Victim 53 I.5.3. The Agent requests Rw to release the Victim 53 I.5. 4. The Agent requests that Rw not summon the Victim anymore to a certain duty or service 53 I.5.5. The Agent requests Rw to investigate the circumstances 54 Chapter 1: Summary 54 Appendix 1: Texts for Chapter 1 56

Chapter 2: The Agent writes to the Recipient-helper (Rh) 72 II.2. The relationship between the Agent and the Victim 74 II.2.1. The personal Agent 74 II.2.1.1. Family 74 II.2.1.2. Acquaintance 75 II.2.2. The employer Agent 75 II.2.2.1. The Victim works for the Agent or is under his command 75 II.2.3. The impersonal Agent 76 II.3. The information the Agent provides to the Rh in order to help the Victim 78 II.3.1. Clarifying the status of the Victim's property 78 II.3.2. Providing information about the Victim's performance of duty to the crown 79 II.4. The manner in which the Agent approaches Rh 80 II.4.1. The Agent criticizes Rh 80 II.4.2. Personal favor 80

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II.4.3. The Agent flatters Rh 81 II.5. The Agent's request from Rh 81 II.5.1. warkatum parāsum 81 II.5.2. izuzzu –uzuzzu 83 II.5.3. ina muhhi šasû 85 II.5.4. šutēšuru 85 II.5.5. ezēzu 86 Chapter 2: Summary 86 Appendix 2: Texts for Chapter 2 88

Chapter 3: The Agent writes to the Recipient-judge (Rj) 102 III.2. The relationship between the Agent and the Victim 102 III.2.1. The personal Agent 102 III. 2.1.1. Family 102 III. 2.1.2. Acquaintances, business partners 103 III.2.2. The employer Agent: The Victim works for the Agent or is under his command 103 III.2.3. The impersonal Agent 103 III.3. The information the Agent provides to the Rj in order to help the Victim 105 III.3.1. Providing information about the Victim’s "good behavior" 105 III.3.2. Referring to the law 105 III.3.2.1. Quoting a specific law 105 III.3.2.2. Referring to kīma şimdati 106 III.4. The manner in which the Agent approaches the Recipient 114 III.4.1. The Agent warns Rj 114 III.4.2. The Agent criticizes Rj 114 III.4.3. The neutral approach to Rj 115 III.5. The Agent’s request from Rj 115 III.5.1. The Agent asks Rj to examine the case 116 III.5.2. The Agent asks Rj to send him a report 116 III.5.3. The Agent asks Rj to resolve the dispute 116

III.5.4. The Agent requests Rj to solve the Victim's problem by means of a court procedure (lawsuit, trial, verdict) 116 III.5.4.1. Rj is asked to render a judgment (dīnam dânu) 117 III.5.4.2. Rj is asked to institute a lawsuit (dīnam šuhuzu) 117 III.5.4.3. Rj is asked to pronounce a verdict (dīnam qabû) 117 Chapter 3: Summary 117 Appendix 3: Texts for Chapter 3 120

Chapter 4: Letters involving the Agent, the Victim, Rw, Rh, and Rj 135 IV.1. The Agent writes to the Victim 135 IV.2. The Victim writes to the Agent 137 IV.3. The Judge writes to the Agent 138 IV.4. Discussion of a dossier 141 IV.4.1. Ilšu-ibni as a Victim 141 IV.4.2. Ilšu-ibni as an Agent 143 Chapter 4: Summary 144 Appendix 4: Texts for Chapter 4 146

Chapter 5: Discussion of the Agent 158 V.1. The personal Agent 159 V.1.1. Family 159 V.1.2. Acquaintances and business partners 159 V.1.3. Employer (owner or overseer) 159 V.2. The impersonal Agent 161 V.2.1. A person of authority acts as an Agent 161 V.2.1.1. A person of authority of high status passes the Victim's case to a person of authority of lower status 162 V.2.1.2. A person of authority refers the Victim's case to a person more capable than himself to deal with the problem 164 V.2.2. The use of legal terminology as an indication of other types of Agents 165

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V.2.2.1. The judges 173 V.2.2.2. Scribes in the role of an Agent 174 V.2.3. Individuals of high social status 177 V.2.3.1. kabtum, rabûm 177 V.2.3.2. abi şābim (erim) 180 V.3. Examining the influence tactics used by the Agents 183 V.3.1. Determining the power structure 185 V.3.2. Providing the Recipient with information (Rational persuasion) 186 V.3.3. Legitimating 187 V.4. Search for the most effective mediator 190 V.4.1. Choosing an Agent to influence the Rw 190 V.4.2. Choosing an Agent to influence the Rh 190 V.4.3. Choosing an Agent to influence Rj 192 V.5. Resemblance to the system of a personal god 193 Conclusions 195 Appendix 5 199 Bibliography 203 Index- Letters and other sources used in the study 218 Hebrew Abstract iv Keywords (Hebrew) xiv

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Abbreviations

The abbreviations used in this study follow the Chicago Assyrian Dictionary (CAD), and the Akkadisches Handwöterbuch (AHw). Additional abbreviations are:

AbB Altbabylonische Briefe in Umschrift und Übersetzung. BL Driver G.R. and Miles J.C., The Babylonian Laws, Oxford, 1952, Vol. I. LH =Laws of Hammurabi (the Hammurabi code) (obv.) = obverse (u.e.) = upper edge (lo.e) = lower edge (rev.) = reverse (le.e) = left edge (r.e) = right edge PN =Personal Name DN =Divine Name GN =Geographical Name

XXIII

Table Index

Table Number Subject Page

Table 1: Division between the number of personal and impersonal Agent in Chapter 1 45

Table 2: Division between the number of personal and impersonal Agents in Chapter 2. 78

Table 3: Division between the number of personal and impersonal Agents in Chapter 3 104

Table 4: Letters in which the problem is specified or not in chapter 3 112 Table 5: The division of letters written by Personal and an Impersonal Agents 158

Table 6: A comparison between letters written to Rj by an Agent versus the Victim 171

Table 7: The Influence tactics used by the Agents 184

Table 8: The percentage of the use of two Agents between Victim and Recipient 191

Table 9: The Influence tactics used by the Agents (with letter numbers). 201 Table 10: Definition of Influence Tactics by Yulk and Tracy 202

XXIV

Introduction The main goal of the present study is to examine a social and legal problem in the Old Babylonian (OB) period, namely, to whom could a person who was wronged turn for help? A person could be wronged in many ways; his field could be confiscated, someone might not pay back a debt owed to him, he may be mistreated by the authorities, wrongful taxes may be imposed on him, or he may suffer any other injustice. Although the Old Babylonian period hosted a sophisticated justice system that included laws, legal and social reforms, courts, and arbitration, there were no full time, professional jurists who studied the law and could be approached for assistance by those who needed legal help. As a result, if a person was not able to deal directly with a wrongdoer or the courts, the question arises whether there were others to whom he could turn. The present study comes to evaluate the choices available to a person who suffered an injustice and was unable to solve his dispute with the wrongdoer, or was not able to approach some type of higher authority (official, judge, king) by himself. The study reveals that indeed there were people who interceded on behalf of others. I refer to these as "Agents", and discuss the various types of Agents, their characteristics, methods of operation, and knowledge of the legal system.

1. The parameters for the current study The heart of the current study is an examination of textual sources from the OB period, primarily letters. I will first describe the process of the research and the letters from which the corpus for the present study was chosen. Next, I will describe the main characteristics of the letters and provide a short survey of previous studies that examined the textual structure of the letters, e.g., their style, greetings, blessings, etc. Given that the main subject of the study is related to the law and the judicial system, I then will present a survey of the main studies on the topic, followed by a description of the two main options that wronged persons had at their disposal to obtain justice: the court system and arbitration. Last in the introduction, I will show the schema of the letters in which the services of an Agent are used, and I will raise the main questions which will guide our examination of the Agent.

1.1. Methodology When the OB letters are read with a human-oriented approach, so that the subject of examination is the situation described in the text and not the text itself,1 the letters of the AbB corpus offer a great deal of new or supplementary information.2 Searching this corpus for legal matters, and focusing mostly on those letters that mentioned a dispute, a claim, judges, or some specific legal terminology (e.g. şimdatum- regulations, ordinances, law) one soon discovers that there are countless letters in which a person complains to another about debts, neglect, and other matters, usually requesting the recipient of the letters to give, restore, or return something. Most striking are those letters, though few in number, in which a person complains or requests something having to do with a dispute or a claim on behalf of someone else. At first thought one might think that these people may have been lawyers; after all, if there were courts and trials, why not lawyer as well? But returning to the studies focusing on the legal system and the courts, one finds that the only statements about lawyers in the OB period were that there were none. According to Raymond Westbrook; "In the ancient Near East, lawyers did not yet exist as a learned profession. This curious absence may be explained in part by the fact that the conceptual basis for their discipline was still lacking."3 If any references were made to the functions of a "lawyer", it was in connection with the Old Assyrian period and with the Anatolian trade.4 Consequently if those individuals, who wrote on someone else's behalf, did not function as lawyers, who were they?

1.2. The corpus for the present study The main sources for the present study are the letters that have been published in the series Altbabylonishe Briefe (AbB). The first volume in the series was published in 1964, the last in 2005. Altogether, 14 volumes have been published by various scholars, containing a total of 2,262 letters. The letters are cataloged according to the place in which they are kept today (museums or universities) rather

1 See the explanation and discussion by Malul (2006) 14. 2 See the discussion about the relevance of letters as a historical source in M. L. Jaffe (1982) 3-15. 3 See R. Westbrook (2000), 38. 4 See C. Michel (2000).

than according to their places of origin. Most of the letters used in this research are provided in their entirety in an appendix at the end of each chapter, both in transliteration and annotated translation; a few are given only partially, presenting only the relevant lines. To provide a sensible framework (corpus) for the current study, in the core examination and evaluation I included only letters from the AbB, thus knowingly excluding many interesting letters from Mari and from the Old Assyrian merchant community at Kaniš. As some of the volumes of the AbB are published in German, I have translated those letters into English, but in general I accepted the English translations supplied in the volumes published in English, or followed them with minor changes. In those letters in which I am in disagreement with the interpretation of Akkadian words or phrases, I explained my divergent choices in the footnotes. The letters chosen as the main corpus for the present study (Chapters 1, 2, and 3) are those written according to a certain schema (explained in section 9 of the Introduction). Several additional letters that provide further crucial information about the Agent, his tactics and his influence will be adduced in Chapter 4 and 5. A discussion of all types of Agents will be given in Chapter 5.

1.3. The Old Babylonian period The Old Babylonian period is customarily set between the years c. 2000 and 1595 BCE.5 The name derives from the dialect of the Akkadian language and its development in the south of Mesopotamia at that time.6 The beginning of the period is characterized by small city-states vying hegemony, trying to draw other small cities into their orbit and gaining greater power. Such are the two city-states of Isin and Larsa in southern Mesopotamia. The “Isin- Larsa” period (c. 2000 - c. 1800 BCE) ended with Larsa 7 being conquered by Hammurabi of Babylon in 1763.8 Meanwhile an Amorite dynasty, founded by

5 According to the conventional "middle chronology;" see A. Kuhrt (1995) 74. 6 In the north, the Assyrian dialect of Akkadian in that period is named "Old Assyrian;" ibid. 7 Which by then had gained more power and conquered Isin; see M. Roaf (1990) 112, especially the maps at 109. 8 See M. Roaf (1990) 121.

Sumuabum in c. 1894 BCE, slowly gained more and more power and influence, and positioned its capital in the city of Babylon. Later, Hammurabi, the sixth king of this dynasty, conquered during his reign (1792 - 1750 BCE) vast territories, bringing the first Dynasty of Babylon to its peak and making it into an enormous empire. After Hammurabi died, Samsu-iluna, his son and successor, (1749 - 1712 BCE)9 had to cope with revolts in the south of the empire (Larsa) and with an economic crisis in Nippur.10 The First Dynasty of Babylon ended with king Samsu-ditana in 1595 BCE as the kingdom of Babylon was conquered by the Hittite king Mursili.11 During the OB period, in addition to the main powers in the heartland of Mesopotamia, other important centers existed which produced diverse and rich documents. Mari (modern Tell Hariri), located on the western bank of the Euphrates, just below the confluence with the Khabur river, left a great archive (over 20,000 documents)12 especially from the last phase of the city, before it was conquered and destroyed by Hammurabi in 175713 and not to be rebuilt again. Day-to-day life during the time of Mari's last king, Zimri-Lim (c. 1775 - c. 1761 BCE)14 was recorded in great detail. This archive provides an important source of information about the life of the palace and the political ties and structures of the time. Eshnunna (modern Tell Asmar) was a small kingdom situated in the Diyala Valley, north-east of Sumer proper. The city was situated securely within the Sumerian cultural milieu. It was conquered by Hammurabi in 1761.15 One of the most prominent documents stemming from Eshnunna is the "Laws of Eshnunna."16 In the north, in upper Mesopotamia-Assyria, the old Assyrian merchants founded (c. 1900 – c. 1830 BCE)17 a prosperous trading route between the city of Aššur and the kārum (the merchants’ suburbs outside the city of Kaniš, trading colony), a site in central Anatolia. From Aššur these merchants conveyed woolen

9 See A. Kuhrt, (1995) 99 (Table 8). 10 See M. Roaf (1990) 121. 11 See A. Kuhrt, (1995) 108, 116. 12 See M. Roaf (1990) 117 13 See M. Roaf (1990) 119. Kurht states that Hammurabi conquered Mari in 1760 and destroyed its walls two years later; see A. Kuhrt, (1995) 109. 14 See A. Kuhrt, (1995) 98. See also her detailed description of the history of Mari, ibid 95-108. 15 See A. Kuhrt, (1995) 109. 16 For a discussion and the laws see M. Roth (1995) 57-70. 17 See A. Kuhrt, (1995) 90.

textiles and metal (tin) on donkeys, which were all sold there (including the donkeys). From Kaniš they returned with silver and gold.18 The excavations in Kaniš have yielded abundant written records casting light on the activities of the community.

2. Main sources for the study of the law Most of the studies regarding the law and court system are based on information found within legal sources such as the law corpora, edicts, trial records, and private legal documents, including deeds of sale, lease, hire, loan, partnership, marriage, adoption, and division of inheritance.19 The majority of the sources used in these studies consist of large numbers of clay tablets called Prozessurkunden,20 or trial records,21 or court documents,22 which deal directly or indirectly with litigation and describe a trial or portions of it, making it possible to reconstruct23 the course of a trial. Although the purpose of the trial records was to assure the rights of the winning litigant,24 more information was recorded than merely the outcome (verdict) of the trial, enabling scholars to reconstruct with fairly good understanding the trial procedure and the court system. Nevertheless, several questions remain unanswered, and others have not been raised at all. Scholars disagree about using letters as a source for studies of legal matters. Some, like E. Dombradi, see no value at all in letters and argue that letters cannot add any information on the subject of the trial procedure: "Folglich sind von der Auswertung der Briefliteratur kaum grundlegende Erkenntnisse über den Zivilprozess

18 See A. Kuhrt, (1995) 94. 19 See R. Westbrook (2003), 4-12 and 361-363. 20 See M. Schorr, (1913) 336; E. Dombradi (1996), 9ff. The research on trial records has been carried out for over a hundred years, in different languages (German, French, English). As a result, there has been no uniformity in naming the clay tablets that reference the trials. See E. Dombradi 164, for numerous examples for different names used for the same type of document, and the use of the same name for different records, and 161-168 for a discussion about the typology of the Prozessurkunden. 21 See Westbrook (2003) 7f. And see Appendix 5 for two examples of trial-records. 22 They were called "ţuppi lā ragāmim", "document of no (further) contest." See also Veenker (1974) 2 and n. 5 and 6. 23 Up to a certain extent. 24 Veenker states: "(these trial records) were given by one litigant to another at the conclusion of a lawsuit to guard against the same litigants appear before the judge in another suit concerning the same matter." Veenker (1974) 1.

zu erwarten."25 But not all scholars share this opinion. R. Westbrook maintains that "both public and private letters may be a source of law."26 He distinguishes between letters sent by a person of authority, which can be a direct source of law, and those written by private individuals, in which the information concerning the law is indirect. The use of letters as the main source of study of legal practices is less common, but some important studies are based on letters. W. F. Leemans’s discussion of the King's role as a Judge in "King Hammurabi as Judge"27 is based entirely on letters and it is one of the bedrocks in understanding the King's involvement in the day-to-day court procedure. M.Y. Ishikida's discussion of dispute management in Larsa is based on letters.28 Other major studies concerning the law incorporate letters as a source for cross-referencing with other types of sources in order to illustrate legal matters. Examples of such studies are K.R.Veenhof (1997-2000), D. Charpin (2000), J.J. Finkelstein (1965), and C. Janssen (1991).

3. Deficiencies of previous studies Despite extensive writing about legal procedure and specific rights, hardly anything has been written about the early stages of the conflict, when a person came to the realization that he has been wronged and wanted to seek justice. As most of the studies are based on information derived from trial records (which mostly start with the judge's examination or the" institution of the trial" (dīnam šūhuzu) or on other types of legal documents, many important questions are not asked or debated. For example: Do wronged persons approach the judge directly? Does every wronged person know his rights? What if the wronged person cannot deal with the problem on his own? Are there people who specialize in helping the wronged? The only legal source to addresses the question: "what could/should a wronged person do?" would seem to be a passage from the epilogue of the Stele of

25 See E. Dombradi (1996) 3. 26 See R. Westbrook (2003) 11. See also ibid: "The letters are seen as a non-legal source from which indirect knowledge may be gained about the law in practice." 263. 27 See W.F. Leemans, (1968) 107-129. 28 See M.Y. Ishikida's (1998). See also D. Charpin (2000) 69-111, who uses many letters as examples in his article.

Hammurabi, quoted bellow. The stele of Hammurabi29 was found in Susa, to where it was taken as booty by the Elamite King Šutruk-Nahhunte around the year 1200.30 The inscription was published in 1902/03 by Father P. Scheil, who identified the writing on the stele as a codex of laws (Gesetzbuch), as did other scholars under his influence.31 Later scholars raised questions about this understanding of the stele.32 A groundbreaking article by F.R. Kraus, "Ein Zentrales Problem des alt- mesopotamisches Rechtes: was ist der Codex Hammu-rabi?"33 brought about a new understanding of the "Hammurabi code" which has been widely adopted. According to this understanding, the "law," as it has been translated by modern scholars, for Hammurabi and his fellow Babylonians was a collection of verdicts of royal judges (Rechtsspruche des königlichen Richters).34 But whether the provisions were "laws," as has been claimed initially, or verdicts, as most scholars understand them today, the main question still being discussed is whether the Laws of Hammurabi were used by courts and judges as a source of law in their day-to-day conduct. In other words, did the judges consult the verdicts of the king (as precedents)35 or did the wronged man come to consult the stele when he wanted to learn about the law? Most scholars who address this question refer in their answers to the portion of the epilogue in which Hammurabi advises a person who has been wronged what to

29 The stele of Hammurabi has been given many names (Codex Hammurabi, Hammurabi Code). I have chosen to use M. Roth's terminology: "Laws of Hammurabi (LH).” 30 See J.Bottéro (1992) 157. The composition on the stele starts with a lengthy prologue, followed by 275 to 300 provisions of law, and ends with en epilogue. 31 See F.R. Kraus (1960) 283f; and see J.Bottéro (1992) 156f. 32 See F.R. Kraus (1960) 284. 33 See F.R. Kraus (1960), 283-296. For further discussions about the Hammurabi "Law Code" see Driver and Miles (1952) 27-53; J. Bottéro, (1992) 156-184; D. Charpin, (2010) 71-82. 34 See F.R. Kraus (1960) 288. Bottéro (1992) sees in the Hammurabi code "a type of anthology at best" not of real "law" but "a verdict given to decide a particular case," and states that what Hammurabi himself "wanted to collect in his 'Code,' as he tells us in so many words when he talks of verdicts, was a selection of the principal decisions of law, the most just decisions, the wisest, the most sagacious, the most worthy of an experienced ruler" (161-164). D.Charpin (2010) views the "laws" as a "result from the kings judicial activities. Traditional cases and those judged by the king were systematized with the aim of giving the code the appearance of an exhaustive collection" (72). Driver and Miles (1956) V.I, refer to them as follows: "The Laws must not be regarded as a code or digest, but as a series of amendments to the common law of Babylon" (41). 35 For a further bibliography and a short discussion, see D. Charpin, D. Edzard, M. Stol (2004) 654- 658; also M. Roth (2000); R. Westbrook (2000); S. Fafont (2000b).

do. Hammurabi acknowledges his own deeds, pointing out especially the care he took of his people, stating that he has not been careless or negligent toward humankind, has fought enemies, enhanced wellbeing, and maintained peace in the land.36 Then he indicates why he chose to inscribe the stele. "In order that the mighty not wrong the weak, to provide just ways for the waif and the widow, I have inscribed my precious pronouncements upon my stela and set it up before the statue of me, the king of justice, in the city of Babylon, the city which the gods Anu and Enlil have elevated, within the Esagil, the temple whose foundations are fixed as are heaven and earth, in order to render the judgment of the land, to give the verdicts for the land, and to provide just ways for the wronged." 37 Further in the text, a passage sometimes referred to as the "awīlum hablum," the wronged man," passage states: "Let any wronged man who has a lawsuit come before the statue of me, the king of justice, and let him have my inscribed stela read aloud to him, thus he may hear my precious pronouncement and let my stela reveal the lawsuit for him; may he examine his case, may he clam his (troubled) heart, (and may he praise me) saying."38

This passage seems to answer two questions: (a) Why did the king erect the stele and write down the laws? ;(b) What should a wronged person do? Erecting such a stele by the king may serve two objectives. The first was to receive the blessing of the gods for demonstrating the king’s worthiness and his concern with justice for the weak.39 The second was to benefit his subjects by providing the needed legal knowledge to the problems and solutions to the weak members of society, such as the waif, the widow, and the wronged man.40 Thus, a

36 See M. Roth (1995) 133. 37 Transliteration and translation: M. Roth (1995) 133-134. 38 Transliteration and translation: M. Roth (1995) 134. For a literary discussion of this passage see A.V. Hurowitz (1994) and M. Roth (2002). 39 See J.J. Finkelstein (1961) 103: "These ‘law codes’ with their stylized prologues and epilogues of purely ‘historical’ religious import must be viewed in the first instance as royal apologia and testaments. Their primary purpose was to lay before the public, posterity, future kings, and above all, the gods, evidence of the king's execution of his divinely ordained mandate: to have been ‘the Faithful Shepard’ and the šar mīšarim; it is significant that never is there any adjuration of judges and officials to pay any heed to these codes." 40 Driver and Miles (1955) 41, explain the passage in the following way: "Hammurabi has written and promulgated these in the interest of its habitants and that he has set up the monument on which they are inscribed in the temple of Marduk in Babylon in order that anyone who has been wronged may read

person who has been wronged need only to approach the stele and read (or have someone read for him) the laws to know his legal rights and to receive justice. However, is this what actually happened, and did the wronged man (awīlum hablum41) always have the ability to understand what was read to him? What if he could not come physically because he lived in the villages outside the city, or did not have the means to come, or was not allowed to leave his duty. What if the specific crime was not mentioned on the stele? And what if he was born before the stele was erected? Moreover, how realistic is the king's suggestion? Was approaching the stele indeed the way a wronged person could obtain help in dealing with the injustice he had suffered? Scholars are not in agreement about the use and validity the Laws of Hammurabi may have had in day-to-day legal conduct, and how they applied to those responsible for the justice system or to those seeking justice.42 Some scholars, such as J. J. Finkelstein,43 M. Roth44 and V. A. Hurowitz,45 do not believe that the Laws of Hammurabi played an active role in the proceedings of the court. Others such as D. Charpin and R. Harris, argue the opposite and maintain that there are several indications that the Hammurabi code was indeed applied as a guideline.46 S. Lafont them and so learn the law applicable to his case and that he may thereafter remember him with gratitude." 41 M. Roth in her article:"Hammurabi's Wronged Man" (2002) 38-45, discussed the term awīlum hablum by bringing two examples of letters. She concluded as follows: "These selected citations show that the ’wrong’ falls into two groups. First, there are the wrongs that result when a person of greater power or authority misuses his position and deprives those dependent on him (or on the king) of their due… Second, there are those wrongs that result when the proper legal channels are followed and a defendant or plaintiff is cleared by undergoing the ordeal by oath… He (the wronged) can appeal only to the highest authority of the gods for remedy.” I agree with the first conclusion, to which I add more examples in this chapter. But I cannot agree with the second conclusion because the letter cited by Roth contains a request of the writer to obtain legal aid and justice, as shown in Chapter 1, 1b, and is it not merely an "appeal to the gods for remedy." 42 For a summary on the topic see J. Renger (1994). 43 See J. Finkelstein (1961), 103. 44 M. Roth (2000). 45 Hurowitz states that: "it may be said with certainty that even if Hammurabi's laws were in force their practical application was minimal." See V. A. Hurowitz (2005), 503. and R. Westbrook (2000) in the same book: La codification des lois dans l'antiquité. 46 The argument stating that the stele was not used as a legal source is based on the fact that it is only rarely referenced in sources. D. Charpin ( 2010) 80-81 notes: "It is true that examples of explicit references to the Code of Hammurabi are rare. Nevertheless, two pieces of evidence need to be introduced. Let me remark, first, that though we do not possess any quotations from the Code of Hammurabi in legal documents, we also possess very few from any royal edicts which we are

claims that the LH contained true laws, but their enforcement was subsidiary, and that in day-to-day matters it was the common law that was mostly used. Only in certain cases, as when the wronged person believed that he was not able to obtain justice by means of the common law, would he ask to apply the written, royal law (LH).47 Even if the Laws of Hammurabi did not have legal force comparable to the laws of today or even to the mīšarum ("justice") acts in the OB period,48 it is unquestionable that they had influence on the population because they were copied and studied often in the lifetime of Hammurabi and even long after his death.49 With their relatively wide distribution, the "law/verdicts" must have had some influence on those who were providing justice as well as those who were seeking it. In Westbrook’s words, "The purpose of these series (the law codes) was to act as reference works for the royal judges in deciding difficult cases. Probably this began as an oral tradition and only gradually became a systematic written corpus."50 It is not possible to state with certainty whether the following letter can be taken as proof of the fact that the inscribed verdicts on the stele were known to all and used as legal justification or merely as guidelines, but the letter provides us with yet another means of understanding how people who were wronged tended to act. In AbB 10, 6 a nadītu51 complains to the recipient that since her father died, her brothers have not provided for her according to her inheritance. Until recently she had not read her tablet (probably her inheritance tablet). She writes:"u4-ma-am a-wa- tum pa-nam i-ir-ta-ši-a-am na-di-tum ša a-ah-hu-ša i-na me-se-ri-ša la i[t]-ta-aš-šu-

nonetheless certain were applied. In addition, the situation must be linked to divinatory practices in the age of Hammurabi. When they rendered a verdict, judges never cited the code, but the diviners of the time also never explicitly cited a compendium of omens to support their predictions, contrary to what is attested for the first millennium." See also R. Harris (1961), "The nadītu Laws of the Code of Hammurapi in Praxis." For a discussion about references to the stele, see K. R. Veenhof (1995). 47 "L'idée exprimée par Hammurabi dans cet extrait est que celui qui s'estime lésé peut invoquer la legislation royale pour obtenir satisfaction. Il faut donc demander expressément l'application du droit écrit," see S. Lafont (2000b), 54. 48 See J.J. Finkelstein (1961) 103; J.J. Finkelstein (1965). And see K.R Veenhof (1997-2000) 50-53. 49 See the discussion in V.A. Hurowitz (2005). 50 R. Westbrook (2009) 14. 51 Nadītu women were a special monastic class of women who lived in the gagû (a walled compound). The nadītu of Šamaš in Sippar did not marry. As long as her father lived, he was supposed to provide for her. After her father died, it was her brothers’ responsibility to provide for her. In many letters nadītu women complain that their brothers neglect them and do not provide for them. See R. Harris (1963, 1964).

š[i] a-š[a-a]r li-ib-š[a X] ap-[l]u-sa i-na-di-in," "Today the legal case became understandable52 for me, a nadītu whose brothers, in her difficulties53 do not provide for her, may give her inheritance to whomever her heart (desires) " (26-32). Comparison between the "quote" in the letter and the law dealing with this subject in the Hammurabi code reveals a certain resemblance.

AbB 10. 6 (l. 28-32) Laws of Hammurabi (§ 178) Similarities between the two texts na-di-tum ša šumma ahhūša kima emūq brothers a-ah-hu-ša ziittiša ipram piššatam u lubūšam i-na me-se-ri-ša la i[t]-ta-aš-šu-š[i] la ittadnušimma will not provide for her libbaša la uţţibbu (našûm- to provide, nadānum- to give54) a-š[a-a]r li-bi-š[ax] to whomever her heart (desires) ap-[l]u-za eqelša u kiraša ana errēšim sa her inheritance (field, eliša ţābu orchard) i-na-di-in, inaddimma55 she will give

In § 178 Hammurabi notes that if a father gives a nadītu her dowry but does not grant her in her tablet the authority to give her estate to whomever she wishes, after his death the nadītu's brothers will manage her estate and provide her with food, oil, and clothing. If, however, the brothers did not give her food, oil, and clothing "she shall give her orchard to any agriculture tenant she pleases."56 This situation is referred to in the letter. First, the nadītu complains that after the death of her father her brothers did not give her the dowry (l. 22-25) to which she is entitled. Next, she "quotes" what she has learned (l. 26-32) and warns the recipient that she will turn to the judges, making it apparent that she knows her rights.57

52 See CAD R 1923ff, s.v., rašû: "to obtain, to attain wisdom." 53 See CAD M/2 28, s.v., mēsiru: "difficulties, hard times." 54 For a discussion about the word pair našûm and nadānum, and their use as a "formula of conveyance and transfer of property", see J. Greenfield (2001) 720 f. 55 M. Roth (1995) 117. 56 "šum-ma ah-hu-ša ki-ma e-mu-uq zi-it-ti-ša ŠE.BA Ì.BA ù SIG.BA la it-ta-ad-nu-ši-im-ma li-ib-ba- ša la ú-uț-ți-ib-bu A.ŠÀ-ša ù GIŠ.ŠAR-ša a-na ir-ri-ši-im ša e-li-ša ța-bu i-na-ad-di-in-ma." M. Roth (1995) 117. 57 In the remainder of the letter she informs the recipient that she has taken barley from her field as she was hungry, and that she sent her servant to bring her food, oil, and clothing.

Harris says the following about the resemblance between the two sources: "This passage would suggest that this right of the nadītu was well-known and accepted and even gives one the impression that Awāt -Aja is paraphrasing a current law. Whether she is referring to the nadītu law of the Code of Hammurabi is a moot point for we do not know when she lived."58 Even if this letter was written before the stele was erected, the verdict or law of the king may have been known orally before it was inscribed on the stele, and this nadītu made it her business to find out her rights and refer to them in time of need, as she implies in l. 26-27: "u4-ma-am a-wa-tum pa-nam i-ir-ta-ši-a-am," "Today the legal case became understandable for me," meaning that she found a way to learn about her case and understands her rights. This still does not prove that the nadītu actually went to the stele and quoted what she had read, or that the law was read to her. It does prove, however, that some sources were available (perhaps other people) to which a person could turn to and become informed about the law. Was it perhaps another person, someone who did have enough knowledge of the law to inform her? Someone she turned to with her injustice? Thus we return to the primary question that the present study asks and explores, which is: who were the individuals who could help a wronged person deal with his (legal) claim? As noted above, this question (and others) has not been discussed in previous studies because these actions are not described in legal materials. Non-legal sources, however, such as letters, offer some answers to these questions.

4. Old Babylonian letters The letters in the AbB corpus which are the basis of this study are not evenly distributed along the timeline of the OB period. The largest number of letters belongs to the 18th and 17th centuries BCE, the time of Hammurabi and his decedents. After the 12th year of Samsu-iluna (Hammurabi's son) no documents from the south are to be found, and after his 30th year, there are none from Lagaba and Nippur. Letters from

58 See R. Harris (1961) 167.

the 17th century originate mostly from the north of Mesopotamia, predominantly from Sippar. 59 However, one must take into account that only a small number of letters in the AbB come from regulated archeological excavations; most of the letters originate from illegal excavations or digs from the beginning of the 20th century, in which the material was not handled in an orderly manner, as it is today, so that the correct date and origin of the letters are almost impossible to determine. On the other hand, some letters may be ascribed to a particular place or archive if names of places, gods, or known individuals are mentioned in the letter.60

4.1. Earlier studies of OB letters The publication of OB letters started long before they were conveniently collected in the 14 volumes of the AbB. M.L. Jaffe surveys the studies of letters, noting three main individuals as being the first contributors to their publication: B. Meissner, J. V. Scheil, and T.G. Pinches.61 The first attempt to publish a collection of OB letters was by L.W. King in his work The Letters and Inscriptions of Hammurabi, King of Babylon, about 2200 B.C.(1900). Subsequently, numerous texts and collections were published during the early 20th century, including F. Thureau- Dangin, Lettres et contrats de l’époque de la première dynastie babylonienne (1910), and Correspondance de Hammurapi avec Samas-hasir (1924); and A. Ungnad's Babylonische Briefe aus der Zeit der Hammurapi-Dynastie (1914).62 In the middle of the 20th century, publication started of texts from Mari, including letters, in the Archives royals de Mari (ARM). F.R. Kraus undertook the publication of all OB letters, including those that had already been published and those that had not, with transliteration and translation, a project resulting in 14 Volumes of the AbB, the first one published in 1964. Other studies dealing with social-historical matters incorporated letters into their research, as, for example, Leemans "Old Babylonian Letters and Economic History,"63 and A.L. Oppenheim, Letters from Mesopotamia.64

59 See W. Sallaberger (1999) 4. 60 See D. Charpin (2007) 404. 61 See M. L. Jaffe (1982), 31-39. 62 For further references, see M. L. Jaffe (1982), n. 76-78. 63 See W.F. Leemans (1968b). 64 See A.L. Oppenheim (1967).

Two larger studies examine the literary forms of the OB letters:65 M. L. Jaffe's Ph.D. dissertation, The Old Babylonian Letters: An Examination of Communication in Babylon, Larsa, Mari and Assyria (1982), and the exhaustive work of W. Sallaberger "Wenn Du mein Bruder bist…" Interaktion und Textgestaltung in altbabylonishen Alltagsbriefe, (1999). Sallaberger focused on analyzing the forms used in the letters in order to show the many options that writers could choose from.66 Although those studies are more text-oriented,67 they also draw conclusions about certain social issues.

4.2. Characteristics of the letters Letters of the OB period in the AbB corpus are characterized by the fact that they describe actions and events of day-to-day life, such as official business or private correspondence dealing mostly with agriculture, business, legal disputes68 (e.g., property, inheritance), as well as administrative and family matters and disputes. Generally the letters are written by one or more specific persons to one or more other persons.69 Charpin states that letters differ from legal and economic texts, as the latter "being essentially formulaic," while the former "are much more lively."70 According to Sallaberger, the most important feature of the letters is the fact that they function as a form of direct speech between the writer and the recipient, who are physically not in the same place: "der Brief dient der direkten sprachliche Interaktion (wobei unter

65 For additional, smaller studies see M. L. Jaffe (1982), 90 n. 98-100. 66 See also the earlier works concerning the literary discussion on letters in E. Salonen (1967); S. Dalley (1973). 67 See M. Malul (2006) 14, for an explanation and a discussion of text-oriented vs. human-oriented studies. According to Malul the text-oriented approach is used by those scholars whose main examination revolves around the text itself and not about the reality behind the text. The human- oriented approach sees the text only as a tool to reconstruct the reality of those who wrote the document (the ancient society), and thus the text is a witness to the past. 68 K. De Graef distinguishes six types of conflicts expressed in OB letters: (a) disputes concerning real estate and other property; (b) protests about unfulfilled deliveries and obligations; (c) compensation claims for damages caused; (d) juridical affairs; (e) theft; and (f) family matters. See K. De Graef (2008) 182. 69 See W. Sallaberger (1999) 2. 70 See D. Charpin (2007) 402-403.

‘Interaktion’ das auf einen Partner gerichtete Handeln zu verstehen ist)."71 This interaction and the direct speech are the main topics in Sallaberger's study.72

4.3. Physical aspects of the letters The letters were written on small clay tablets and left to dry in the sun. After a letter was written, it was put in a "clay envelope" on which the names of the recipient and of the writer usually appeared,73 together with an impression of the sender's seal to ensure confidentiality and to guarantee its provenance. After the recipient received the envelope, he broke it and read the letters. This is the reason why so many letters have been found but only very few envelopes (complete or partial). 74

4.4. Sending a letter The letters were delivered by messenger.75 D. Charpin, who examined the messages according to sources from the royal archives of Mari, noted several types of messengers, e.g., mār-šiprim (messenger) and wābil ţuppim (table carrier).76 He noted that a system of messengers operated in a way that letters would sometimes be relayed from one person to another until they reached their destination, so that the messengers could rest.

4.5. Formulaic expression in the letters Although in general the letters are less restricted by formulaic literary rules than are other genres, they do show some features that recur in most letters.77

71 See W. Sallaberger (1999) 2. 72 Ibid, 3; "Im Zentrum des Interessens steht… der Gebrauch der Sprache in der Interaktion." 73 See W. Sallaberger (1999) 26. 74 See D. Charpin (2007) 407. 75 See W. Sallaberger (1999) 5. 76 See D. Charpin (2007) 407. 77 The many different formulaic phrases are discussed at length in W. Sallaberger's study, especially 21-48.

4.5.1. The opening formula of the letters78 The regular opening formula of an OB letter first states the addressee (recipient) of the letter using the phrase: "a-na PN qí-bí-ma", "to PN say."79 The recipient of the letter is not always mentioned by name, and may be referred to by some title or other characterization such as: "My lord"80 (e.g. AbB 11, 78, AbB 12, 9); "To the governor of the river"81 (AbB 1, 129); "To the provincial governor"82 (AbB 10, 1); "To the man whom Marduk keeps in good health"83 (AbB 10, 13).84 Next, the writer of the letter names himself: "um-ma PN-ma", "thus (says) PN." 85 Occasionally the writer refers to himself with a title, e.g., your brother or your servant.86 Next usually follow blessings to the addressee. The most common blessings are "DN li-ba-al-li-iţ-ka," "May DN keep you in good health." Often more than one god is mentioned in the blessings. The blessing sometimes varies if the writer of the 87 letters adds: "aš-šum-ia," "on my account", and "da-ri-iš u4-mi," "forever," e.g.: d d " UTU ù Marduk da-ri-iš u4-mi li-ba-al-li-ţú-[ka]," " May Šamaš and Marduk keep you in good health forever."88 And: "dut[u] ù dxxxx aš-šum-ia li-ba-al-li-ţ[ú-k]a," "May Šamaš and…. keep you in good health on my account."89

4.5.2. Introducing the problem (the wronged person) In the letters presented in the current study, after the blessings, the wronged person is usually introduced with the phrase: "aš-šum," "concerning," followed by either: 1. A person's name: "aš-šum a-bi-ja-tum (PN)," "Concerning Abijatum (PN)."

78 I refer to the letters of the current research. 79 See W. Sallaberger (1999) 23. 80 a-na be-lí-ja. 81 ša-pí-in íd, probably a mistake for ir (ša-pí-ir). 82 a-na ša-pí-ir ma-tim. 83 a-na a-wi-lim ša dmarduk ú-ba-al-li-ţú-šu. 84 For other types of titles see W. Sallaberger (1999) 33. 85 See W. Sallaberger (1999) 24. The order of addressees followed by the writer may change after the OB period; see also W. Sallaberger (1999) 22, n. 20. 86 See W. Sallaberger (1999) 24. 87 Ibid. 24f. 88 See AbB 11, 101, Chapter 3. 89 See AbB 13, 14, Chapter 3.

2. Something valuable (e.g., a house, a field) followed by the person's name: "aš-šum bi-it PN," "Concerning the house of PN." The writer may also introduce the problem with a question, e.g., " pli-wi-ra— a-na—DINGIR ÌR LUKUR dUTU a-na mi-nim ta-ak-la," "Why did you detain 90Liwira-ana-ilim, the slave of a nadītu of Šamaš?” (AbB 1, 129), or he may tell the recipient that he was informed about something, e.g., "ki-a-a[m] ú-lam-mid um-ma šu-ú-ma," "thus informed (me). Thus he (the Victim)," followed by a description of the problem.

4.5.3. The writer’s request/remarks After the general introduction, a narrative of the entire problem is presented,91 followed by various types of data. The writer may provide helpful facts about the wronged person, criticize, warn of future consequences, or flatter the recipient.92 Next, the writer states his demand, e.g., to institute a lawsuit.93 This order is not always adhered to, and the writer may first demand something and only later provide information to reinforce his request. The writer may add another blessing at the end of the letter.

5. Study of the Old Babylonian legal system As the subject of the current study is connected to the law and the judicial system, a brief survey of both will now be presented.

5.1. General studies The Babylonian legal system in general has been the topic of discussion since the turn of the 20th century, and it is still producing many important studies.94 Excellent earlier works by M. Schorr, Urkunden des Altbabylonischen Zivil-und Prozeßtechts, 1913; A. Walther, Das Altbabylonishe Gerichstwesen, 1917; J.G. Lautner, Die richterliche Entscheidung und die Streitbeebdigung zum

90 See CAD K, 95, s.v., kalû: to detain, delay, hold back (a person). 91 Not in all letters. 92 Discussed in all chapters in paragraphs 3, 4, and 5. 93 Discussed in Chapter 3. 94 For general studies see R. Westbrook (2003); R. Westbrook (2009).

Altbabylonischen Prozessrechte, 1922, and E. Cuq, Études sur le droit babylonian, les lois assyriennes et les lois hittites, 1929, have laid the foundation for the understanding of the Old Babylonian court and legal system. Published in 1952, G. R. Driver and J. C. Miles, The Babylonian Laws greatly advanced the understanding of the Code of Hammurabi and the meanings of each individual "law." Eva Dombradi's Die Darestellung des Rechtsaustrags in den Altbabylonischen Prozessurkunden, published in 1996, is an exceptional work that incorporates previous studies and subjects old and new trial records to a systematic evaluation. She examines the legal terminology, bringing many new insights, and at the same time refines the understanding of the trial procedure in the OB period.95 The great anthology edited by Raymond Westbrook, A History of Ancient Near Eastern Law, 2003, incorporates studies of law not only from Mesopotamia in the OB period but also from the third and first millenniums, and from other places such as Egypt, Anatolia and Israel, providing an opportunity to compare between different times and places. These important studies and many additional articles attest to a developed and active Mesopotamian legal system, in which laws were promulgated, reforms instituted, trials held, and verdicts rendered. The picture that emerges is one of an active judicial system that provides legislation and supports courts with the personnel needed to judge, produce court records, enforce verdicts, and handle all requirements surrounding lawsuits.

5.2. Specific studies Specific aspects of the legal system have been the topic of many books, monographs, and articles, which have collectively produced a broad understanding of the day-to-day legal practice.96 Cross-referencing of the codes of law and the many other types of private documents produces not only an understanding of the broader function of the legal system, but provides also an insight into specific individual

95 See E. Dombradi (1996). All references to E. Dombradi are to page numbers in Vol. 1, unless otherwise stated. When I refer to footnotes in Vol. II, I reference only the note number. 96 See BL I; K.R.Veenhof, (1997-2000).

rights e.g. the law of marriage,97 the law of master and slave,98 laws of inheritance and succession,99 and the rights of the nadītu women.100

6. The means available to a wronged person for obtaining justice The letters presented in this study deal with injustices that people have suffered and with the quest of these people for solution to their problems. We therefore describe the mechanisms that were available to the wronged persons, first and foremost among them the court system. If a wronged person chose to take his opponent to court, a trial was instituted as a means to obtain justice. The verdict was the solution, providing justice for the wronged.101 A second mechanism available to the wronged person was arbitration. This procedure was usually oral, and therefore less documented.102

6. 1. The judicial system Trials were held before one or more persons who functioned as judges. The position of judge was filled by various authorities: the King, Judge(s), officials, and organs of the community.

6.1.1. The Judges (dajjānū)103 In many of the sources, cases are tried by a collegium of judges, between four 104 and ten in number, who are called dajjānū (DI.KU5.MEŠ). In a few sources where

97 See S. Greengus, (1969) and R. Westbrook (1988). 98 See R. Westbrook (2009) 161-216. 99 See F.R. Kraus (1969) 1-17. 100 See R. Harris (1961), 163-169. 101 Not always. The plaintiff could be unhappy with the outcome of the trial. See AbB 11, 7, discussed in Chapter 2. 102 See S. Lafont (2005) 70, who states explicitly that "evidence for arbitration in Mesopotamia is scanty," ibid, 70. 103 See CAD D 33, s.v., dajānu. See the discussion and further references by R. Westbrook (2005; 2009, 197-210); S. Lafont (2011) 342f. 104 See R. Harris (1975) 119.

references to a judge alternate between singular and plural, the one judge being mentioned may have been the chairman of the group of judges.105 Scholars are divided on the question whether the people who are named dajjānū in the sources (as opposed to those who are not) had a permanent professional position of judge106 or rather fulfilled a short-term function on demand, similarly to other authorities who judged. In other words, did the title dajjānu necessarily designate a professional judge? Walther argues that the people who were referred to as dajjānū were "Berufsrichter," whereas all others who served as judges (without the dajjānū title) were "Laien-Richter," that is, served on demand.107 Driver and Miles suggest that: "the judge (called dajjānū) "appears to have been a member of a profession,"108 whereas Harris maintains that before Hammurabi the judge was a temporary, ad hoc function, in other words that the person was summoned on demand, taking a break from his other occupation, and only after Hammurabi did the judge become a permanent position, at times even for life.109 Dombradi disagrees with this position and argues that it is impossible to determine with certainty whether dajjānū (DI.KU5.MEŠ) "überhaupt ein Beruf bzw. ein auf Dauer verliehenes Amt bezeichnet, oder ob sie als Bezeichnung einer nur kurzfristigen übertragenen Funktion zu verstehen sind."110 In some sources people who are named judges (dajjānū) have another title as well (e.g., SANGA), indicating that a judge can hold more than one position.

105 See CAD D 28, s.v., dajānu "judge." Usually in the plural, as there are not many references to a singular judge in court. See J.G. Lautner (1922) 68, and E. Dombradi (1996) 222-232; A.Walther (1917) 7. 106 There are private documents (not trial records) in which a person is called PN the judge. These suggest that the person retains the title of judge outside of his job as a judge. See E. Dombradi (1996) 224. 107 See A.Walther (1917), 8ff. 108 See BL 490f. 109 See R.Harris (1975) 116. No sources reveal how judges were chosen or whether they received special training. Harris writes: "The judges acted as a kind of ‘professional jury’ and with their common sense would settle each case. It was their function to bring the attitude of the community to bear on the litigants. The OB judge was therefore not necessarily a learned man—he might even be illiterate—but was one who had a sense of justice and knew what the community considered just, and whose attitudes were respected by it and by the litigants. Thus the qualifications for the office of the judge would be a position of respect in the community, and wealth to remove the suspicion of personal interest." 110 E. Dombradi(1996), 223.

Dombradi assumes, however, that some courts were permanently accessible to the public and therefore staffed at all times with judges, whether professional and permanent or part-time.111

Some judges are named according to the place of their office: DI.KU5.MEŠ + GN (e.g., Babylon, Larsa, etc.), or according to the specific group to which they d belong: DI.KU5.MEŠ LUKUR UTU (the judges of the nadītu of Šamaš). ki 112 The judges of Babylon (DI.KU5.MEŠ Bābili ) may have outranked judges elsewhere, as judges of larger cities may have had higher authority than those from the country side.113 Ishikida writes: "The judges of Babylon (dajjānū Bābilim) and the judges of the king (dajjānū šarrim) in the central government supervised dispute management in private matters on a state-wide basis as Supreme Court. They seem to have been "professionals" who were trained to specialize in dispute management. They had independent authority apart from the central government in matters of dispute management because the judges of Babylon directly supervised the legal authorities of the lower courts."114

6.1.2. Secular judges and ecclesiastical judges Driver and Miles maintain that different classes of judges existed: judges of the Šamaš Temple (dajānu ša bīt ilŠamaš), judges of the cloister (dajānu gāgîm), and other royal and local judges. The authors argue that "these titles have suggested that there were two types of judges, the ecclesiastical and the secular,"115 and that the ecclesiastical judges where probably members of the priesthood, as they were the educated class.

111 See E. Dombradi (1996), 225. 112 These Judges may have been referred to as DI.KU5.MEŠ LUGAL/šarrim (the judges of the King). See also E. Dombradi (1996) 226ff, and note 1252. 113 See E. Dombradi (1996), 225 for a discussion, who writes that the judges of Babylon and Larsa may have held a special a position, but states later that there is not enough evidence to prove that the judges of Babylon held a higher position. I argue that Nippur may have held a special position, as seen in AbB 11, 7 where a man refers the people who come to him for a judgment in Nippur. Another example of the superiority of the judges of Nippur can be seen in AbB 11, 159, in which the writers of the letter are the mayor and elder of Isin, and they write to the father and judges of Nippur to obtain a judgment by them. 114 See Ishikida (1998) 71. 115 BL 491.

According to Cuq, Schorr, Wahlter, and Lautner a state reform took place at the time of Hammurabi with the consequence that judges chosen by the state rather than ecclesiastical judges became in charge of the courts. The sources show that ecclesiastical judges appear predominantly in documents before the time of Hammurabi, whereas the number of such documents from the time of Hammurabi's reign and of his successors decreases.116 Dombradi disagrees and argues that E. Cuq and M. Schorr based their theory on the interpretation that the Hammurabi Code was the expression of his reform (secularization), and that in order to activate the new laws he needed to replace the old ecclesiastical judges with newly appointed secular state judges, a theory that many scholars dispute today. In Dombradi's opinion the use of secular judges has also been confirmed from the beginning of the OB period, and there is no evidence of increased secularization; rather the use of secular judges instead of ecclesiastical ones seems to be the King's preference.117 Dombradi further questions whether two types of judges, secular (ein Vertreter des Staates oder der Gemeinde ausgeübte Gerichtsbarkeit) and ecclesiastical (von der Funktionaren des Tempels ausgeübte "Tempelgerichtsbarkeit"), actually 118 existed. According to Dombradi, the phrase "DI.KU5.MEŠ ina É Šamaš ina Ebabbar dīnam ušāhuzūsunūtima" should be translated as "In the temple of Šamaš the judges instituted for them a lawsuit,"119 thereby indicating the importance of the physical place where the judgment took place, rather than proving that the judges were part of the temple staff (in other words, that they were ecclesiastical judges). Driver and Miles argue similarly that "indeed the daiyānum of the temple may merely have been a judge sitting there; for the temple was one of the most convenient places in which courts could be held, especially as a frequent method of trial was by ordeal."120

116 See E. Dombradi (1996) 233. 117 See E. Dombradi (1996) 235. 118 Ibid. 119 "Die Richter haben ihnen im Tempel des Šamaš, im Ebabbar ein Prozessverfahren gewährt." 120 BL 491. Harris argues in the same vein, noting that the fact that the trials were held in the temple of Šamaš does not mean that those sitting in judgment were priestly judges, but that the "temple was the most convenient place" because the god symbols needed for the oaths were at hand. Harris (1975) 116f.

Dombradi concludes that the theories formulated in the 1920s and 1930s can no longer be maintained because (a) they are based on assumptions that are disputed in current research, and (b) the large amount of documents published since then point to different conclusions. She further notes that she is not aware of any document specifically attesting to an independent ecclesiastical judgicial organ ("Tempelgerichtsbarkeit"), but there is explicit proof for secular judges holding trials in the temples.121

6.2. The communities Many other authorities are mentioned as judging trials either jointly with other judges of by themselves,122 a practice that varied from city to city. Among these authorities we find the rabiānu (mayor),123 the šāpir (overseer) of PN,124 the šakkanakkum (high official),125 the puhrum (assembly/council),126 the ālum127 u šībūtu (the city and elders),128 the bābtum (city quarter),129 the awīlū,130 and the kārum (the community of merchants).131 Lafont states that "Along with the king and professional judges many other people act as judges, such as administrative officers, local elders, merchants, citizen of a town or heads of families. This means that the

121 See E. Dombradi (1996) 238. 122 "Zusammenfassend ist zunächst festzustellen, dass die administrativen Organe der Gemeinde (šībūtu, ālum, kārum, bābtum) oft mit Richtekollegium oder mit Funktionären des königlichen Verwaltung gemeinsam zu Gericht gesessen haben. Genauso oft haben einige dieser Körperschaften (šībūtu, ālum, puhrum, bābtum) die Rechtsprechung allerdings selbständig ausgeüb," E. Dombradi (1996) 247. Also see S. Lafont (2011) 340-341. 123 See CAD R 17, s.v., rabiānu. For a thorough examination of the interaction between the local powers and the state power see the study of A. Seri (2005), especially 191f. 124 See CAD Š/1 453, s.v., šāpir: "1. Overseer, 2. Provincial governor." 125 See CAD Š/1 170, s.v., šakkanakkum: "governor, high official." 126 See CAD P 485, s.v puhrum. See also E. Dombradi (1996) 242f. 127 See CAD A/1, 382 s.v., ālu: "city as social organization." See also ibid 383, city as an acting (legal) person). See E. Dombradi (1996) 244. E. Dombradi suggests that in the smaller rural settlements judgment may have been given by the alum (City) and by šībūtu (the elders), because they did have their own Judges. See E. Dombradi (1996) 247. 128 See CAD Š/2 392, s.v., šībū: "elders of a city." 129 See CAD B 9f, s.v., bābtu: "quarter of a city, neighborhood, and ward." 130 The term awīlū can be an honorable title as well as a member of the community. See CAD A/2 55, s.v., amīlu: "free man, gentlemen; as an honorific title." 131 See CAD K 234, s.v., kārum: "harbor trading stations, community of merchants." See E. Dombradi (1996) 245 f. See also F.R. Kraus (1982) 29-42. For further discussion and other less common personalities, see E. Dombradi (1996) 250 ff. See A. Walther (1917), 45ff and 105 ff.

judicial function is not assigned to a limited number of qualified persons, but on the contrary is shared by various kinds of individuals."132

6.3. Court bailiff/usher The main person who acts as a bailiff/usher for the court is the rēdû (AGA.ÚS) 133 who accompanied the parties from one judicial institution to another, from the court to the Oath procedure, escorting the witnesses and making sure that the instructions of the court were carried out. Supplementary court personnel were the Commissioner (MAŠKIN= rābişum),134 the barber (gallābu),135 and the scribe (ţupšarrum).136

6.4. The King as Judge Above all judges stood the King,137 an absolute monarch who was expected to maintain justice in the land on behalf of his god (Šamaš, the god of Justice).138 As the highest authority, he promulgated laws and also functioned as the highest judge. The King could be approached directly by a wronged person (one who has not been tried before) or by litigants who were unhappy with the trial or the verdict they received.139 Leemans140 indicates that the King had three options in dealing with a case that came before him for judgment: 1. He could try the case himself and pronounce a final judgment. 2. He could make a decision on a point of law and remit the case to the local judges or authorities to determine the facts of the case.

132 See S. Lafont (2005) 71. 133 See CAD R 247, s.v., rēdû: "acting as a bailiff for a court or a provat person." See E. Dombradi (1996) 256; and Driver and Miles who satet: "The Babylonian rēdûm has a wider range of duties. He sees that an order of the king, a governor or a court is carried out…, but the margin between police and soldier is fine, and the rēdûm is something of both," see BL 114. 134 See A. Walther (1917) 169, and CAD R 20, s.v., rābişum: "An official representative of and commissioned by a higher authority." See also R. Harris (1975) 129f. 135 CAD G 14, s.v., gallābu. See also A. Walther (1917) 177f. 136 CAD Ţ 151, s.v., ţupšarru. See also A. Walther (1917) 179f. 137 See S. Lafont (2011) 338-340. 138 See E. Dombradi (1996) 215. 139 See E. Dombradi I 219 and note 1192. E. Dombradi states that appealing to the King would have been exceptional, as shown by the low number of trial records involving the King directly. See E. Dombradi (1996) 220. 140 See W.F. Leemans (1968).

3. He could remit the entire case to local judges.141 The King would intervene in a civil trial if he was approached by a litigant, and would either try the case himself or pass it on to a local court, in which case the litigants would be escorted by a soldier or messenger who would inform the local court of the King’s instructions.142

7. The OB trial procedure143 The following description of the stages in the trial procedure is based primarily on Dombradi's structure144 and consists of: preliminary phase, institution of the trial, examination of the evidence, verdict, payment by the litigants, end phase, witnesses, seal (remark), and date.145

7. 1. Preliminary phase The pre-trial stage begins with a plaintiff and defendant (the litigants) raising a claim , an act that can take place only between the disputants or before a judge, occasionally before witnesses. At this stage the defendant is granted the possibility to respond, and if he and the claimant reached an understanding, the matter may be solved then and there.146 Westbrook writes: "Formal proceedings could begin prior to the trial, with a claim before witnesses, followed by a rebuttal. If no settlement was reached at this stage, one or both parties (not necessarily the original claimant) would

141 See Leemans (1968) 110. Leemans, ibid 128f, considers the OB King, especially Hammurabi, personally concerned with maintaining justice and acting as Judge himself in a variety of legal matters. Dombradi disagrees and states that most of the letters that Leemans used in his research deal with land that belongs to the crown, which is the source of the King's interest, whereas the King is hardly mentioned in ordinary civil trial records. E. Dombradi (1996) 215-216. 142 See E. Dombradi (1996) 217, especially note 1179. 143 See S. Lafont (2011) 345-353; R. Westbrook (2003) 369-376 for discussions. 144 See E. Dombradi (1996) 191-204. 145 Sections 1, 6, 7, and 9 are obligatory, and sections 2, 3, 4, 5, and 8 are optional. The obligatory sections are included in each document of the trial procedure records, whereas the optional sections may be omitted. See E. Dombradi I, 167. For a similar division see M. Schorr (1917) 337. 146 See E. Dombradi (1996) 291. In some trial records, after the preliminary stage a reason for the claim is given. See E. Dombradi (1996) 287 for several examples, and see CAD G 30 s.v., gamāru: "aššum bītim ša PN….išāmu PN2 ibquršuma umma šuma kaspum ul gu-mu-ra", "with regard to the house PN bought, PN2 has raised the claim against him, 'the silver has not been paid to me in full."

"approach the judges."147 The act of raising a claim is expressed by the verbs baqāru,148 ragāmu,149 târu,150 and şabātu.151 Another way in which the act of bringing a claim against another person is described in the trial records152 is that of the "dispute note," which states that a legal dispute has occurred between the parties without mentioning the specifics of the dispute. This section is characterized by the use of the verbs: diānu,153 dabābu,154 and gerû.155 If, after the plaintiff has made his claim against another person and the two have not reached an agreement, they approach the judge or the court, 156 which is expressed in the trial records by the "approaching the court note,"157 using the verbs mahāru,158 kašādu,159 sanāqu,160 and alāku.161

147 See Westbrook (2003) 370. Dombradi notes that "Der genaue Inhalt dieser Handlunge(en) (that of one person raising a claim against another) ist freilich schwer zu bestimmen, da sie niemals näher beschrieben werden." E. Dombradi (1996) 287. 148 (1) To claim (property), to contest (a sale or transfer); (2) to challenge, contest the validity of (a seal); (5) II to raise a claim, to lay claim, to challenge, see CAD P, 130 ff, s.v., parāqu. For a discussion, see E. Dombradi (1996) 44-46, and 262ff. "A hat betreffs des O(bjekts) gegen den B(=Gegner)Recht gelten gemacht." E. Dombradi (1996) 44. Also see CAD Ş, 195, s.v., şimdatu: "PN eqlam PN(2) ibqur." 149 (4) To lodge a claim, to sue, to bring a legal complaint, to claim something by lawsuit; (5) to sue one another. See CAD R, 62 ff, s.v., ragāmu. For a discussion see E. Dombradi (1996) 46-49, and 262ff. See CAD Š/2 392, s.v., šību :"PN ana PN(2)…. irgumma", "PN made a claim against PN(2)." 150 About this type E. Dombradi says: "Ich neige daher eher zu der Auffassung, das der târu- Typs …. eine seltene, rein stilistische Variante der ragāmu- bzw. baqāru-Typs darstellt." E. Dombradi (1996) 51, and 302f. 151 To seize, to take hold, see CAD Ş 5 ff, s.v., şabātu. For a discussion, see E. Dombradi (1996) 51 and 295-302. 152 For two examples of trial-record see Appendix 3; 1, 2. For a great amount of records see M. Schorr (1913). 153 (2) To start a lawsuit, see CAD D, 100 f, s.v., dânu; "PN u PN(2) aššum bītim i-du nu-ú-ma," p. 103. Also for (1) to judge, to render judgment, see p. 100. 154 (4) To plead in court, to litigate, see CAD D 4f, and p. 8f, s.v., dabābu . Although dubbubu (D-stem) has no definition or translation in the sense “to litigate” in the CAD, in some of the letters it is highly likely that this is the meaning. See also E. Dombradi (1996) 71 and n. 291-292. For dabābu as litigate see AbB 3, 2; for dubbubu as litigate/sue see AbB 2, 131. 155 (1) To be hostile, start a lawsuit; gurrû: to start a lawsuit, see CAD G 61f, s.v., gerû; PN. PN(2) u PN(3) … ana HA.LA ig-de-ru-ma. 156 "Wenn der Streitbegründungsvermerk unterdrückt ist, werden nämlich die Angaben über die Partien und den Streitgegenstand im Gerichtsgang -Vermerk gemacht… Betreffens O hat sich A an die Richter gewandt." E. Dombradi (1996) 62. This Gerichtsgang-Vermerk can also have a direct speech section. 157 See E. Dombradi (1996) 60f. 158 (2) To approach (the king, an official, an authority) with a demand or a complaint, see CAD M/1 50f, s.v., mahāru. For literary examples, see p. 59 f.

The act of raising a claim against another person, if at all present in the trial records, is described in a short section using a partially formalized style and certain verbs and phrases. It contains only general information about the act and does not provide any details about the various means the person used to raise the claim, e.g., whether it was done in writing or orally, by himself or through someone else. E. Dombradi assumes that the raising of a claim came with a specific request, e.g., the granting or returning of property.162 These actions, which took place in the pre-trial stage, were sometimes added to the brief trial records. These records were kept for the purpose of recording the decisions at the end of the trial, to protect the winner.163 According to Domradi, the trial records did not begin directly with the statement of the case because the Babylonians perceived a legal case to begin with the act of raising a claim.164

7.1.2. Bringing the claim before the judge If after the plaintiff made his claim against the defendant, the two did not reach an agreement, they approached the court and presented the claim. Before a judge decided to institute a lawsuit he would examine and evaluate whether the proper conditions were present by hearing the plaintiff's claim, reviewing the evidence, and allowing the defendant to comment on the allegations. If the judge decided that there was sufficient material (statements as well as evidence) for a trial he instituted the lawsuit; otherwise he declined.165 This stage, referred to as awātam amāru,166 is scarcely167 mentioned in the trial record.

159 (1d) To approach (a person, an authority) with a claim, a complaint, see CAD K, 272, s.v., kašādu. For literary examples, see p. 276 f. 160 (2) To approach a person in a position of responsibility, a higher authority with a claim, a complaint; (3) to proceed against, lay (legal) claim to, see CAD S 137f, s.v., sanāqu. 161 To go, see CAD A/1 300ff, s.v., alāku. 162 See Dombradi (1996) 288. 163 See R. Veenker (1974) 1; E. Dombradi (1996) 10. 164 "In der Vorstellung der Babylonier scheint der Anfang der Rechtverfolgung jedoch mit dieser Handlung (raising a claim) und nicht mit der Klageerhebung vor den Richtern assoziiert zu sein," Domdradi (1996) 289. 165 See E. Dombradi (1996) 310f. See also CT 47 24:20-21: ţuppi šīmātīšu īmurūšuma dīnam ušāhizūšunūtima "They examined his bill of sale and (then) granted them a trial." CT 48 8:12-13: ana pī ţuppātīšina dīnam ušāhizūšinātima: "On account of the content of their documents, they granted them a trial." see Veenker (1974) 6, n. 23.

7.1.3. The judges may transfer the case The presiding judge had the option of not trying the case but referring it to another court.168 Referring the case to a different judge happened in two situations. The first situation was when the presiding judge referred the case to a lower or local court or judge. This situation appears in many of the letters sent by Hammurabi to his local officials (e.g., Šamaš-hazir of Larsa), ordering them to institute a trial for PN.169 The second situation was when the presiding judge could not try the case because it was too difficult for him. In this situation he sent the plaintiff and the defendant to a more knowledgeable judge or court. Such a referral of the case appears in AbB 11, 7170 and especially in AbB 11, 159.171

7.2. Instituting the lawsuit After evaluating the evidence before him, the judge decided whether or not to institute a lawsuit, an act expressed by the term dīnam šūhuzu.172Scholars are divided about which part of the trial the term dīnam šūhuzu refers to. Some understand the phrase dīnam šūhuzu to refer to the act of instituting a lawsuit (that is, the beginning of the trial);173 others argue that the phrase dīnam šūhuzu is used "to pronounce the

166 See J.G. Lautner (1922) 31: "Bei der durch die Phase awātam amāru ausgedruckte Handlung der Gerichts scheint es vor allem um die Wertung der von den Parteien produzierten Beweismittel durch das Richterkolleg zu handeln." Lautner also states that another term for this procedure is warkatam parāsu, see J.G. Lautner (1922) 32 n. 93. The term awātam amāru is used also at a later stage in the trial, namely in the "Examination of the Evidence." See E. Dombradi (1996) 311. 167 E. Dombradi (1996) 309. Dombradi argues that the reason for the scarcity of textual evidence of this procedure (hearing the defendant and examining the evidence at the pre-trial stage), is the lack of space on the tablet: "Alles, was eine selbstverständliche Voraussetzung der prozessentscheidenden Handlung war, konnte bei der Abfassung des Protokolls über den Prozess weggelassen werden." Dombradi further states that the defendant renouncing the claim is a pre-condition, otherwise there would be no reason for the judge to institute a trial. E. Dombradi (1996) 309-310 (§ 411-412); see also J.G. Lautner (1922) 26. 168 See A.Seri (2005) 191. 169 See W.F. Leemans (1968), and the discussion in Chapter 5, V.2.1.1. and V.2.1.2. 170 Discussed in Chapter 2. 171 AbB 11, 159 is discussed in Chapter 3. See also the discussion about the judge referring the case in Chapter 5, V.2.1.1. and V.2.1.2. The discussion in not directly about the judge, but rather about the judge acting as an Agent. But we can learn indirectly about the options judges had to refer their cases when needed. 172 For the "dīnam šūhuzu-Vermerk" and the discussion see E. Domradi (1996) 72ff, and 312 ff. 173 See J. Kohler (1909) III 258; 438; A.Walther (1917) 218; J.G. Lautner (1922) 25ff and M.Schorr (1914) 347.

law applicable to the facts of the case," meaning that the case was tried and the judge handed down the verdict to the parties.174 Dombradi presents the arguments used by both sides and agrees with the view that dīnam šūhuzu refers to the institution of the trial by the judge. In addition to the philological arguments brought by Dombradi, which allow both options, the physical placement of the phrase within the trial record must also be taken into account. Both Lautner and Dombradi suggest that the sequence of terms on the tablet expresses the sequence of the events taking place during the trial,175 and because the phrase dīnam šūhuzu, if present, is placed at the beginning of the trial record, between "raising the claim" and "examination of the evidence," it supports the opinion that it refers to the institution of the trial.176

7.3. Examination of the evidence If the judge instituted the lawsuit, examination of the evidence presented by all the parties began. This stage was called "awātīšunu īmurū," "they (the judges) investigated their affair/case."177 The procedure for examining the evidence differed from trial to trial given the different nature of each case and of the evidence produced. At this stage the judges examined the testimony of the litigants, the tablets that were brought178 to court, and heard the testimony of the witnesses.179

174 The phrase dīnam šūhuzu does not mean merely to grant the parties a trial. In a record the important point is not that the court has permitted a trial but that it has delivered a judgment, which seems to be the meaning of the phrase. The judges “let the parties to the case have the law,” i.e., pronounce the law applicable to the facts of the case, see BL 71. See also C. Wilcke (1987) 100: "Über das Urteil instruieren." 175 See J.G. Lautner (1922) 6, E. Dombradi (1996) 314: "das die Protokolle ansonsten streng chronologisch gegliedert sind. Daher ist der dīnam šūhuzu-Vermerk bis zum Beweis des Gegenteiles, seiner Stellung im Formular entsprechend, als ein Vermerk über den Akt der Prozess Eröffnung zu deuten." 176 See Domdradi (1996) 317. 177 See CAD A/2 19f, s.v., amāru: "to investigate a (legal) affair," and see ibid, 37ff, s.v., awātum:" (5) legal case, case in court." See E. Dombradi (1996) 77ff, and 326 ff. Dombradi discusses the term awātīšunu īmurū and argues that this phrase should be translated as "sie (=die Richter) haben ihre Worte besehen (meaning gepruft)", translating the word awātī in the plural as "Words," namely those stated by the participants of the trial, and not "Rechtssachen" (legal) affairs as translated by M.Schorr, (1913) 347; A. Walther (1917) 220-220, and J.G. Lautner (1922) 31-32. See also BL Vol.II, 17: "the judges shall examine their statements…" Nevertheless, she finishes this paragraph by stating that "Gleichwohl ist es nicht auszuschließen, dass die Phrase eine allgemeinere Bedeutung (die Rechtsangelegenheiten (der Partei(en)) prüfen") habe." See E. Dombradi (1996) 329. 178 Domdradi (1996) 88f.

The judges could ask the plaintiff, the defendant, or the witnesses to take an oath,180 the ultimate instrument of proving the truth,181 which usually took place at the temple gate182 and was witnessed by the priest. Before taking the oath in front of a divine emblem, a person had to cleanse or purify himself.183 The terms burru184 and kunnu185 indicate the confirmation of the testimonies and of the documents brought to the trial. Afraid of the gods’ wrath in case of an untrue statement,186 sometimes the parties came to an agreement with each other (mitguru) before taking the oath.187

7.4. The verdict The lawsuit could end in several ways; it could sometimes be rejected either by the defendant,188 or by the judge.189 At times a plaintiff whose claim was rejected was punished by the court and made to pay a monetary penalty or suffer a physical

179 E. Dombradi (1996) 86f. Schorr states that the following evidence could be brought to the trial: "Urkunden, Eidliche Einvernehmen einer Partei, Zeugenvehör, Lokaler Augenschein," commenting that the strongest evidence is the written document, see M. Schorr (1913) 347-348. 180 Or other "magic" proofs, see E. Dombradi (1996) 333f. See also S. Lafont (2005) 74-75; "The oath procedure helped the judge assess the sincerity of the litigants. The fear of perjury restrained the litigant from swearing to a false statement, and induced him to find an agreement with his opponent." 181 See E. Dombradi (1996) 330 ff: "Im Zivilprozess der altbabylonischen Zeit gilt der Eid, der stehst bei einem Gott geschworen wird (nīš ili) , nach wie vor als das wichtigste Instrument der Wahrheitsfindung , als das vollkommenste Beweismittel." 182 The oath could be taken at other places as well. See E. Dombradi (1996) 332f. 183 For a further discussion of the topic, see E. Dombradi (1996) 333. 184 CAD B 127, s.v., bâru: "to establish the true legal situation (ownership, amounts, liability etc.) by a legal procedure involving ordeal, oath or testimony;" "by an official not involving an oath." 185 CAD K 168ff, s.v., kânu: "to testify, to make a statement, to act as witness, to establish as true by means of witnesses, to confirm, to certify." 186 See E. Dombradi (1996) 340ff. She states that if the defendant did not want to take an oath, the reason was probably: "die Furcht des Belanget von dem Eid." See also Nemet-Nejat (1998). 222: "Lying under oath was hindered by the fear of divine vengeance in case of perjury." 187 See CAD M/1 41, s.v., magāru (mitguru): "To agree with each other, to come to a mutual acceptable agreement; ina bāb DN … im-ta-ag-ru-ma; they came to an agreement at the gate of (the temple) of Šamaš." See also E. Dombradi (1996) 96f, for further exp. esp. E. Dombradi (1996) 100, notes 495- 500. 188 See E. Dombradi (1996) 98: "rugummê-šu issuh; His (that of the plaintiff) claim he (the defendant) rejected." See also CAD N/1 12, s.v., nasāhu: "to reject a complaint." 189 See Dombradi (1996) 99: "DI.KU5.MEŠ rugummê-šu(nu) issuh; The judges rejected his/their (of the plaintiff(s)) complaint/claim. See also CAD R 405, s.v., rugummû: "legal claim; (1 2') to reject, renounce a claim." And also see E. Dombradi (1996) 99: baqrū-šu(nu) u rugummû-šu(nu) nashū; Their claims which were raised by them were rejected"

mutilation, such as cutting of hair or piercing of the nose.190 A judge could also clear a person or property of legal or financial claims: ullulu/ ubbubu.191 The verdict was pronounced in several ways: nadānu,192 târu,193 or qabû.194

7.5. Payments by the litigants After the verdict was issued, some documents mention a sort of payment given by the loser to the winner. The payment could be the return of a field, money, or some type of grain (e.g., barley). In trials concerning inheritance, often a division of the property is mentioned.195

7.6. End phase At the end of the trial, the losing side or both parties to the lawsuit would issue a statement promising not to take future action against the decisions made at the trial (the verdict),196 a promise that was usually affirmed by an oath: "niš iluŠamaš iluAja iluMarduk ù ha-am-mu-ra-bi šarrim it-mu-ú," "They took an oath by Šamaš, Aja Marduk and the King Hammurabi.”197

According to Dombradi, the most important feature of the trial record were the promises not to raise further claims ( lā ragāmu),198 after which the trial records have been named by several scholars ţuppi lā ragāmu (lit. tablet of no further claims): "Dadurch zeichnet sich die Verzichtserklärung als wichtigster Bestandteil der

190 See E. Dombradi (1996) 100. 191 See CAD E 81, s.v., elēlu (ullulu): "to purify, make clean, make free;" see also E. Dombradi (1996) 101: pu-ut bi-tim ú-ul-li-lu; Sie haben die Stirn(seite) des Hauses rein gemacht." See also CAD E 6, s.v., ebēbu (ubbubu): "to clear a person/property of legal or financial claims." 192 See E. Dombradi (1996) 102-104 and 351-354. Literally the verb means to give. See also CAD N/1 42 ff. 193 See E. Dombradi (1996) 130ff; see also CAD T 250 ff, s.v., târu: "to return." 194 CAD Q 22ff, s.v., qabû: "to speak, pronounce." For a discussion see E. Dombradi (1996) 354 f. 195 See E. Dombradi (1996) 106-109. 196 See E. Dombradi (1996) 121. 197 "Sie bekundeten dieses Einverständnis (the verdict) formell durch das eidliche Versprechen, künftig auf die Verfolgung des strittigen Rechtes zu verzichte." "Meistens wurde diese Verzichtserklärung durch ein Eid bekräftigt." See E. Dombradi (1996) 358. 198 See CAD R 64, s.v., ragāmu.

Urkunde über die Beilegung des Rechtsstreites aus."199 Lafont notes that "The non- contestation clause (lā ragāmu) gives the winner of the trial a means to enforce the judgment, and warrants its authoritative value."200

7.7. Retrial After a verdict was handed down by the judge and the losing party wrote a ţuppi lā ragāmu promising not to sue in the future, was there still a way to demand another trial on the same matter? According to Walther, if a mistake was made in the trial, or some new evidence became available, the person who felt wronged could ask for a second trial on the same matter. But as Walther states, this was not an appeal but rather a resumption of the procedure (Wiederaufnahme des Verfahren), with the option to change the court.201 Veenker discussed this issue at length, showing that the possibility existed for an appeal or for a trial de eadem re. He proved his argument by showing how the OB trial procedure was divided into three stages, the last of which was the appeal stage. 1. In the first stage, a (business) transaction takes place, which is recorded in a "sealed document," often referred to as ţuppum, kanīkum, kunukkum, in the presence of witnesses.202 2. The second stage takes place when a dispute arises, and the contending parties turn to the court for a trial, which is then recorded in the ţuppi lā ragāmim document.203 3. In the third stage, the plaintiff can return to court on the same matter once again and ask for a new trial.204

199 E. Dombradi (1996) 360. For a discussion of various types of end clauses, see E. Dombradi (1996) 113-154. 200 S. Lafont (2005) p. 70. 201 A.Walther (1917) 258f. Dombradi agrees that in the OB period a second trial in the same matter can be permitted only if new evidence is produced. See E. Dombradi (1996) 184. 202 "We suggest that the issuing of this seal document reflects what may be called a ‘first stage’ procedure in the OB civil law." R. Veenker (1974) 3, and n. 11. 203 "The actual litigation before the court could be referred to as a ‘second stage’ procedure. At this stage the verdict of the judge would be recorded in a document knows as ţuppi lā ragāmim." R. Veenker (1974) 4. 204 "Although one cannot call the third stage ‘appeal’ in the manner of modern jurisprudence, it is, nevertheless a legitimate and distinct litigation., i.e., the plaintiff at this stage can win his case. So we

7.8. Summary of the court system The trial records of the OB period are evidence of a developed legal system that provided a wronged person with an opportunity to seek legal justice in court. The wronged person could turn the authorities closest to him (e.g., elders, assembly, judges of the city), and even to the King, the highest legal authority. If a person was tried and was not satisfied with the judge's decision, under certain circumstances he could "appeal" the verdict and ask for a second trial, turning to the same court, to a different court, or to the King. The courts had the staff to ensure that their instructions were carried out, and were mostly located in places like the temple that were accessible to justice-seeking people. Although the trial records provide scholars with a vast amount of information about the OB trial procedure, we must bear in mind the physical limitations of these records and the need of the scribe to "keep it short," so that only the information that was most important in the eyes of the OB scribes and courts was written down. Data which were obvious to the litigants, the courts, and the scribes were omitted because there was no need to waste space on a tablet, leaving contemporary scholars wondering about certain parts of the procedure that are absent from the trial record.

8. Arbitration Another option available to the wronged person was arbitration. S. Lafont discusses this at length in several studies.205 The written evidence for such a procedure is scanty, which attests to the oral character of arbitration.206 Lafont defines the process of arbitration as follows: "Arbitration is basically a private approach to justice. Two people involved in a conflict decide to appeal to a third

see that judicial decisions could be altered and that the directives ‘he shall not raise further claims’ were not irrevocable or absolute." R.Veenker (1974) 14. 205 See S. Lafont (2005, 2011). 206 See S. Lafont (2005) 70.

party, who acts as a judge even if he is not one by profession, and to submit to his decision."207 Arbitration was not limited to judges and could be provided by community leaders, administrative officers, or colleagues of the litigants.208 As Lafont notes, arbitration could take place at the first stage of a judicial procedure: "The parties are first confronted with one another and make their declarations before the judge in order to establish their claims and also to reach an agreement if possible. If they fail to find an agreement, then the trial develops ending in a verdict against one litigant."209 Lafont assumes that the judge210 plays an important part in the negotiation between the parties during the initial stage of arbitration.211 Through the process of arbitration by the judge, the litigants may be able to solve their case even before resorting to the meaningful procedure of taking an oath.212 However, as the oath was the ultimate proof of truth, if one of the sides hesitated to take the oath, he would lose the trial. The judge could use the oath in the process of arbitration to determine which one of the litigants was not truthful. Lafont brings additional examples of letters from the Old Assyrian period.213 Confrontations of parties that were in disagreement as a result of commercial activities by Assyrian merchants were settled before witnesses who were part of the merchant community. The witnesses could be asked to repeat in court what they had heard or even to act as arbitrators if appointed by the litigants. But the litigants could still go to court after submitting their case to an arbitrator.214Lafont concludes that “arbitrations, or similar practices such as conciliation, were used in Mesopotamia and were more developed than it may at first seem."215

207 See S. Laont (2005) 70. 208 See S. Lafont ( 2011) 344. 209 See S. Lafont (2005), 71. Lafont further refers to E. Dombradi (1996) n. 497 for textual evidence. 210 Lafont notes that it is not explicitly mentioned in the text. See S. Lafont (2005), 74. 211 Lafont shows this clearly for CT 4,47. See ibid 75, n. 14. 212 A procedure that could bring a trial to an end before it even began. 213 See S. Lafont (2005), 72. 214 See S. Lafont (2005), 72. Lafont adds that the many arbitrations that did end up in court may attest to the low efficiency of this private means of justice. 215 See S. Lafont (2005), 80f.

There are similarities between arbitration and a trial. Both can be conducted by the same people, presiding as judges or arbitrators,216 and in both procedures the plaintiff and the defendant take an active part in dealing with the authorities. The main difference between the two methods is in the outcome. Whereas trials end with a winner and a loser, in arbitration both sides must be flexible in their demands so that they can reach an agreement. But neither the trial nor arbitration guaranteed that the wronged person would obtain the justice he demands; he could lose the case, the defendant may not be willing to submit to arbitration, and even if he was, they may not reach an agreement and the case may end up going to trial. Wronged persons who for some reason were not able to approach the courts directly had other options. The present study shows that a wronged person could choose not to deal directly with those who had the power to right their wrongs, and turn instead to an Agent in order to obtain justice. The process may still end in a trial or arbitration, but in this case it was not advanced by the Victim himself but by an "Agent".

216 Which may be a variety of people, as shown in § 6 of this chapter. Naturally arbitration can also be conducted by any person who is not a judge as long as he is chosen by both parties. We must take into account, however, that people who have a dispute may want an unbiased person with authority, so that the procedure can succeed.

9. The Agent: Overview and Methodology of the Present Study In an article about OB letters, K. de Graef briefly mentions the topic of a go- between/intermediary. After presenting some of the conflicts described in the OB letters, the author describes each category and provides examples from the AbB. The categories are:217 1. Disputes concerning real estate and other property 2. Protests concerning unfulfilled deliveries and obligations 3. Compensation claims for damages caused 4. Juridical affairs (text mentioning actual trial) 5. Theft 6. Family matters De Graef then discusses some steps taken in the letters toward "the solutions and ways to deal with conflicts,"218 and notes that in a large number of letters the complaints and claims are "communicated to the responsible authority through an intermediary, preferably a high-ranking person.” In other words, most letters about personal conflicts seek a solution through mediation, which in the opinion of the author is one of their primary "raison d'être." 219 De Graef acknowledges that conflicts could have been solved directly between the parties or before a judge, therefore they are mentioned in the letters only when a person "seeks the help of a higher authority" or "when a third party reports on them to someone else, in many cases also a higher authority."220 De Graef provides the following examples of such interventions: 1. Interventions of the King or another higher authority. The reference is to those letters in which Hammurabi writes to his local officials about a case or a complaint, and to letters written by high- and low-ranking officials, on behalf of other people, to "persons who were in power to fix big issues as well as small incidents." 2. Solving through an intermediary.

217 See Graef, de K (2008) 182. 218 See ibid, 191ff. 219 See ibid, 191 220 See ibid, 192.

This category refers to letters in which one person acts as an intermediary between the complaining party and the person who can solve the problem. As there are many more examples of this type than De Graef concludes that "it was very important in Old Babylonian society to know not only many but specifically the right, i.e., important and high-ranking persons to get one's affair sorted and one's problem solved, even aside from or above the judiciary."221 De Graef's assumptions are correct but incomplete. Wronged people approached not only important or high-ranking persons to function as intermediaries. The present study provides a systematic evaluation of those who acted as intermediaries between the wronged person and the one who is in position to help him. The current study focuses on the person who acts as an intermediary, using the following information to examine and evaluate this individual. 1. The study illustrates the options available to a wronged person to obtain help, other than those stated in Hammurabi’s epilogue. 2. The study describes the various types of intermediaries and presents their arguments and influence tactics in trying to help the wronged person. As mentioned by de Graef,222 some of the letters in the AbB were written by an intermediary follow a certain schema of communication. The contents of these letters differ, but the schema of communication remains the same. This schema is used by the intermediary to intercede on behalf of another person. The person who does the interceding usually raises requests that the addressee obtain justice for the wronged person. The letters begin using the following formula: 223 "a-na PN1 qí-bí-ma um-ma PN2,( followed by blessings), aš-šum PN3"

To PN1 say, thus (says) PN2, concerning PN3.

To illustrate the general pattern I use to characterize the Agent, each figure is assigned a "tag" according to its function in the letter. The tag describes his or her

221 See K.de Graef (2008) 193. 222 K. de.Graef, (2008) 193f. 223 The third part shows more variance. At times the writer narrates directly PN3's injustice or adds:

PN3 ki-a-am ú-lam-mi-da-an-ni.

action in the letter, ignoring specific names, places, and the details of the complaint. I use this procedure to emphasize the similarities and the differences between the letters.

PN1 is the addressee of the letter. He will be called the Recipient (R). The Recipient plays different roles, and the chapters of the study are divided according to these roles. There are three types of Recipients, and they are labeled as follows:

Rw (Recipient-wrongdoer): This recipient has wronged PN3 and is directly responsible for PN3's problem. The R stands for his role as recipient of the letter, and the w stands for his role in the case: the wrongdoer of PN3.

Rh (Recipient-helper): This recipient has the power to help PN3 and is characterized by holding some type of influential position. He can be a judge, an official of the King, or some person of authority. He is being asked by PN2 to help

PN3 in some way. The R stands for his role as recipient of the letter, and the h stands for his role in the letter as a helper of the victim.

Rj (Recipient-judge): This recipient is approached by PN2 in his role of a Judge. The R stands for his role as recipient of the letter, and the j stands for the role he is asked to perform, which is that of a Judge. Rh and Rj are furthermore characterized by being labeled Persons of Authority. A person of authority is one in whose position it is to help the wronged person directly, to provide him with a solution to his problem. The solution may be a legal one, such a trial and verdict, or he may have sufficient influence to make the wrongdoer change his behavior toward those who have been wronged.

PN2 is the writer of the letter and is called the Agent.

PN3 is the wronged person and is called the Victim. The Victim's problem is labeled P.

The model follows this pattern:

The Victim P The Victim has a Problem.

The Victim turns to the Agent.

The Agent The Agent writes to R (Rw, Rh, Rj) asking for help with the Victim 's problem.

R (Rw, Rh, Rj) The recipient (R) receives the letter.

The Victim has a problem (P) and turns to an Agent for help. The Agent writes a letter to the recipient seeking a solution for the Victim's problem. The following letter is used to illustrate the basic model:

AbB 4, 134224 To Šamaš-hāzir, say, thus (says) Tarībatum. May Šamaš and Marduk, keep you in good health. Awīl-ilī thus wrote me, thus he (said): "my damages225 have increased at the hand of Šamaš-hazir." (Have) Awīl-ilī and myself divided (our property)? Is Awīl-ilī's damage not mine (as well)? His master wrote to him, about coming to him. Investigate the circumstances of his damages! Before he will come and inform his master. Satisfy his heart!

The letter is addressed to Šamaš-hāzir (l. 1), making him the Recipient (=PN1) of the letter. The letter is written by a Tarībatum (l. 3; um-ma ta-ri-ba-a-tum<-ma>), making him the Agent (=PN2). The wronged person is Awīl- ilī, who is tagged as the

Victim (=PN3).

224 For the full letter see the Appendix to Chapter 2. 225 See CAD H 179, s.v.,hibiltu: "damage."

Because some kind of damage had been caused to the Victim by the Recipient, Šamaš-hāzir is a Recipient-wrongdoer (Rw). The Agent informs Rw that the Victim spoke to him about this injustice. The Agent asks Rw to investigate the complainant's damages and to satisfy his heart (l. 17-18). To examine who the Agent may be, we must expose as much information about him as possible. The most important inquiry concerns the relationship between the Agent and the person on behalf of whom he intercedes. I have formulated five questions, which I follow in each of the first three chapters in order to establish the main characteristics of the Agent. The first question concerns the formal identification of each participant in the letter. The second question is the most important one, and it concerns the relationship between the Agent and the Victim. Questions three, four, and five explore further information about the Agent's method in helping the Victim. The five questions are: 1. Who are the Agent, the Recipient, and the Victim referenced in the letter?226 2. What is the relationship between the Agent and the Victim based on the information provided in the letter? 3. What information does the Agent provide to the t Recipient in order to help the Victim? 4. In what manner does the Agent approach the Recipient? Is he merely stating the facts of the case, inorder to influence the Recipient? Does he criticize or flatter him? 227 5. What is the Agent's request from the Recipient?

Because each source deals with different people and the letters contain a large number of names, in the discussion of each letter the people are referred to according to their role in the letter: the Agent, the Victim, and the Recipient.228

226 The tags of the people who appear in the letters are provided after each complete letter in the appendix to this chapter. See the Appendix to Chapter 1. 227 In chapter five I will also explore the power structure and relationship between the Agent and the Recipient at hand of the way the Agent approaches the Recipient, and what information he provides him with. 228 Although some of the people mentioned are known persons, e.g., Šamaš-hāzir, most of the people cannot be further identified within the current research. Furthermore, the identity of the people is not always given in the letter.

Chapter 1 The Agent writes to the Recipient-wrongdoer (Rw)

This chapter includes letters addressed by the Agent to the Recipient- wrongdoer (Rw), the person responsible, directly or indirectly, for the Victim's problem. Rw is the one who wronged the Victim, for example, by taking something away from him or by assigning him some kind of duty unjustly. The letters are examined in light of the five main questions asked in the introduction in §9.

I.2. The relationship between the Agent and the Victim The letters in this chapter have been divided in to two main categories: those that mention a personal relationship between the Agent and the Victim, and those in which no information about such relationship is stated.

I.2.1. The personal Agent A characteristic of the personal Agent is that he states his connections or relationship with the Victim. This action is intended to persuade the Rw to change his behavior toward the man he has wronged. The Agent can also provide some supportive or personal information about the Victim or the Victim's situation. The letters belonging in the "personal Agent" category are those in which the Agent and the Victim are relatives or acquaintances, and those in which the Agent is the Victim's employer or owner.

I.2.1.1.The Agent knows the Victim In AbB 10, 3 the Agent asks Rw to return a house that he took from the Victim and gave to someone else, stating that: "pDUMU-dtaš-me-tum šu-ú ú-ul na-ka- ra-am i[š]-ti-ni-i[š] tu-li-a-am ni-ku-ul.", "That Mār-Tašmētum (the Victim), is not a stranger to me. Together we (the Victim and the Agent) fed (from) the (same) breast." (l.13-16) Clearly the Agent is close to the Victim and has known him for many years; they may be related or friends.229

229 For "PN is not a stranger to me" and similar phrases: CAD N/1 191, s.v., nakru. M. Gruber discusses breastfeeding in ancient Israel and in the OB period. He states that in the OB period it was common to give one's new born babies to a wet-nurse, especially among people from a higher social

In AbB 4, 134 the Agent informs Rw that the damages he (Rw) is causing in the Victim's field are hurting him (the Agent) as well because:"pa-wi-il—ì-lí ù a-na-ku zi-za-nu-ú hi-ib-le-et pa-wi-il—ì-lí ú-ul ia-a-at-tu-un.","(Have) Awīl-ilī and myself divided (our property)? Is Awīl-ilī's damage not mine (as well)?" (l.11-14). The Agent states his connection with the Victim, namely, that they share the property, indicating that the two are acquainted, and perhaps they are business partners. In AbB 1, 129 the Agent is an overseer of the nadītu of Šamaš, who writes to Rw concerning a detained slave of a nadītu of Šamaš: "pli-wi-ra—a-na—DINGIR ÌR LUKUR dUTU a-na mi-nim ta-ak-la.", "Why did you detain Liwira-ana-ilim, the slave of a nadītu of Šamaš,?" (l.6-9). From his position as an overseer, he is responsible for the nadītu in the gagû.230

I.2.2.The employer Agent There are two kinds of "employer agents" in the letters; those who own the Victim, in which case they explicitly refer to the Victim as their servant, and those who refer to the Victim as a man who performs work for them or carries out their wishes. The Victim does not belong to the employer Agent as a slave or as a servant, but could work or be under his command in some way, and therefore the Agent has some responsibility for him.

I.2.2.1. The Agent as the Victim's owner In AbB 9, 236 the Agent accuses Rw of having taken the wages of his servants: "a-na mi-ni-im la ki-ti ta-aš-ku-n[a] ù i-di wa-ar-di-ja tu-ša-di-na", "Why did you make an untrue statement, and cause my servants to hand over their wages?" (5-8); and "i-na i-di wa-ar-di-ja le-qé-em ú-ka-an-ku-nu-ti -ma", "I (will) convict you, of taking the wages of my servants" (l.15-17). Here the Agent clearly states his connection the Victim, that is the Victim is his servant and was wronged by the recipient. status. Thus the wet-nurse could have nursed more than one child, which were not related to each other. References in different kinds of document (e.g. contracts and trial records) show the wide spread of this custom. See M. Gruber (1989) 76ff, and especially 79. In the current letter the Agent states that he and the Victim have nursed from the same breast, which could mean they were given to the same wet-nurse, and perhaps grow up as childhood friends and in time perhaps had business with each other. 230 "It was the Overseers who are directly in charge of the nadītu women," see Harris (1975) 189.

In AbB 9, 198 the Agent explains to Rw that he took away the field from the Victim, who is the father of his servant: "aš-šum A.ŠÀ dUTU—ma-gir a-bi a-di—mati—ì-lí sú-ha-ri-ja a-wi-lum ki-ma IA-um ú-ul ti-de-e", "Concerning the field of Šamaš-māgir, father of Adi-mati-ilī my servant. Do you not know that the man is mine?" (l. 4-6). Here the Agent owns the son of the Victim.

I.2.2.2. The Victim works for the Agent or is under his command In AbB 10, 1 the Victim complains to the Agent about a servant who has been wrongfully taken away from him to corvée servic231 which he was not obligated to do. The Agent writes to Rw explaining that the Victim is: "a-wi-lum a-wi-il qá-ti-ia ú-ul na-ka-ar 5 il-ki i-la-ak ù IGI.SÁ SANGA-tim ù GALA-tim i-ša-aq-qá-la", "That man is under my command (lit. a man of my hand) (he is) no stranger. 5 ilkī-services he performs, and (annual) dues from the priesthood and lamentation- priesthood he (the Victim) pays" (l. 25-29). The Agent explains that the Victim is under his command, that he is not a stranger to him, and pays his dues annually.

I.2.3. The impersonal Agent In the larger group of letters232 the Agent states no relationship to the Victim. The fact that this impersonal Agent does not specify his connection to the Victim does not necessarily mean that there is no such connection, yet we must account only for what is written in the document. It is possible that the Agent knew the Victim, but he did not feel the need to reveal this information to Rw. The letters belonging to this category are described briefly below. In AbB 2, 131 the Agent writes to Rw about the Victim's house which has been taken from him and has not been returned (by Rw) despite the fact that Rw received a letter from a higher authority (the Agent's Lord) instructing him to do so. The Agent instructs Rw to return the house or pay money in compensation (l. 17-20).

231 "a-na ba-ab-bi-lu-tim ma-am-ma-an ú-ul iš-ši-a", "no one ever made demands on me to do service as a bearer" (l. 21-22), and see CAD B 91, s.v., babbilūtu. 232 The Agent is a neutral one in the following letters: AbB 5,144; AbB 13, 125; AbB 3, 82; AbB 7, 51; AbB 2, 131; AbB 7, 59; AbB 10, 13; AbB 7, 67.

In AbB 3, 82 the Agent writes to Rw concerning a house he (Rw) has sold personally to the Victim, but keeps obstructing the Victim’s efforts to rebuild it. The Agent examines the document the Victim brings him and orders Rw to return/release the house he sold to the Victim: "bi-tam a-na e-tel-pí-dMarduk te-e-er-ma ma-na-ha-tu-šu la na-di-a li-pu-uš", "Return the house to Etel-pī-Marduk, so that the improvements (and the expenses) are not lost, may he build"233 (l. 23-25). In AbB 5,144 the Agent writes to Rw concerning a Victim he has captured. The Agent informs Rw that this man is a free citizen of Tubqum, and instructs him to set him free (l. 10-11). In AbB 7, 51 the Agent writes to Rw (in the plural) demanding to know why they assigned the Victim to fellmonger service, given that he had been exempt. The Agent demands that the Rw hand over to the tax collector the person who was assigned as the Victim's substitute instead (l. 9-10), and not call the Victim to service again (l.12-13). In AbB 7, 59 the Agent writes to Rw about the Victims, two women, who complain that they have not received correct payment form their fields and they are hungry. The Agent instructs Rw to pay so the Victims do not turn to the King (l. 19- 22). In AbB 7, 67 Rw has worked the field of a nadītu and not paid the rent. The Agent instructs him to pay; otherwise no ritual water will be left in the house. In AbB 10, 13234 the Agent reminds Rw that the King has ordered that the Victim need not do corvée service, and therefore Rw should not harass the Victim in that regard (l.22-23). In AbB 13, 125 the Agent asks Rw to release the Victim, whom he is detaining, because he belongs to a certain service unit (l.14-18).

233 See CAD M/1 205b, s.v., mānahtu: "maintained, upkeep, improvement (in fields and house) expenses (incurred for these)"; "Return the house to PN, so that his improvements are not lost." And see CAD N/1 78, s.v., nadû: "return the house plot to PN lest his labor have been for naught." 234 See another similar letter; AbB 11, 43; in which the Agent directs the recipient not to pressure the house of the Victim with corvée work, as he has been given a replacement.

Chapter 1 The relationship between Total the Victim and the Agent number of letters (14) Personal Agent Friend, acquaintance, AbB 10, 3, 6 business partner AbB 4, 134 AbB 1, 129 3 Employer AbB 9, 236 AbB 9, 198 AbB 10, 1 3 Impersonal Agent AbB 5,144; AbB 13, 125; 8 AbB 3, 82; AbB 7, 51; AbB 2, 131; AbB 7, 59; 8 AbB 10, 13; AbB 7, 67 Table 1: Division between the number of personal and impersonal Agents in Chapter1 As shown in Table 1, personal and impersonal Agents account for about half of the cases in this chapter. Among the fourteen letters in this chapter, six mention a personal relationship between the Agent and the Victim (friend, owner, employer, etc.), and the other eight letters make no mention of a personal connection.

I.3. The information the Agent provides to the Rw in order to help the Victim To persuade Rw to redress the wrongs committed against the Victim, the Agent provides Rw with facts and information about the Victim or about his property.

I.3.1. The Agent clarifies the status of the person or property in question. In the following letters the Agent conveys information about the status of the Victim or of his property as a means to persuade Rw to redress the grievances and to show him that he acted wrongfully.

I.3.1.1. The Victim is exempt from obligation In the following letters the Agent refers to the status of the Victim or to the duties imposed upon him, which represent the core of the argument. The Victim has been charged with duties that according to the Agent should not have been charged him. In AbB 1, 129 the slave of a nadītu of Šamaš has been taken by Rw to perform rēdûtu service and was consigned to military service. The Agent informs Rw about

this slave's status, namely that the slave is not a free man and thus cannot be drafted to rēdûtu service: "ÌR LUKUR dUTU a-na mi-nim ta-ak-la ú-ul DUMU URU ŠÀ.GUD.KI šu-ú ú-ul DUMU a-wi-lim ÌR LUKUR dUTU wu-uš-še-er", "The slave of a nadītu of Šamaš, why did you detain? He is not a Citizen of Kullizum. He is not the son of a gentleman, (but he is) a slave of a nadītu of Šamaš. Release him (l. 7-13), and "a-na ri-iš- dUTU ú-ul wa-li-id um-ma-šu GEME LUKUR dUTU", "He was not born to Rīš-Šamaš, his mother was a slave of the nadītu of Šamaš (l.16-17).235 In AbB 7, 51 the Agent informs Rw that it was decided in the Šamaš temple to exempt the Victim from fellmonger service because he is a "muškēnu,"("dependant, poor man") someone else was assigned as his substitute, and the Victim was erased from the tablet of the tax-collector: "ki-ma mu-uš-ke-ne-e-ku i-na É dUT[U] ar-ka-ti ip-pa-ri-is-[m]a pu-hi-ia ša<-ni>-a-am-ma ú-ma-ạ[l-lu-ú] i-na ka-an-ki-im ša lú mu-š[a-ad-di-nim] ú-še-lu-ni-i[n-ni]", "Because I am a "muškēnu" in the Šamaš temple the decision concerning me was made they have put in someone else as my substitute. They have removed me from the sealed (document) of the tax- collector" (l. 10-14). Nevertheless, Rw assigned him to the service from which he was exempt, and the Agent requests that Rw take the Victim's substitute instead. The main argumentation of the Agent concerns the rights that have been conferred on the Victim in the Šamaš temple, namely his exemption from fellmonger service, which was recorded in the document (l.5). In AbB 10, 1 the Agent informs Rw that the Victim has never been asked to do services as a bearer before: “a-na ba-ab-bi-lu-tim ma-am-ma-an ú-ul iš-ši-a", "no one ever made demands on me to do service as a bearer” (l. 21-22). The Agent asks Rw not to make a claim on the Victim's house again. To strengthen his argument, the Agent provides an account of the other services and taxes to which the Victim is subject annually. In AbB 10, 13 the Agent turns to Rw about a complaint by the Victims having been harassed with corvée service by Rw, despite the fact that it has been established earlier that they are exempt from corvée service: "i-na ÉNÍG.ŠID in-na-me-[e[r-ma iš-tu i-nu-mi-[š]u a-na ERIM DUSU šu-a-[t]u la du-ub-bu-ub-šu-nu šar-rum iq-bi",

235 The rēdûtu was a service the rēdû (soldier) had to give to the crown as a payment for land he received, and for military service. It was not expected of slaves. See CAD R 251f, s.v., rēdûtu. And see R. Westbrook (2003) 394; BL 111ff.

"At (the time) of the accounting it was seen, and since that time, the King has given an order not to harasse them with that corvée service" (l. 16-18).

I.3.1.2. The Victim is detained In the following letters the Agent argues that the Victim has been detained wrongfully, and provides Rw with information about the Victim. In AbB 5,144 a man who escaped from Elam (l. 4-5) has been detained by Rw. The Agent writes to Rw asking to release him: "ku-nu-ki i-na a-ma-ri-ka a-wi- lam ú-še-ra-am", "After your examination (of) my sealed tablet, release that man! (the Victim)" (l.8-11) based on the information that "a-wi-lum DUMU tu-ub-qí-im","The man (is) a free citizen of Tubqum"(l. 12-13). In AbB 13, 125 the Agent writes to Rw about the Victim's status, a man Rw is holding in custody: "a-wi-lum šu-ú šà KASKAL-na-tim ša AN.ZA.G[ÀR—LU]GAL a-wi-lum ša-a-ti šu-şi-a-aš-šu-ú-ma a-na şe-ri-ia š[u-ri-a-aš-šu]", "This man belongs to the service unit from Dimat-šarrim. Set this man free and send him to me” (l. 14- 18).

I.3.2. Clarifying the status of the property in question In the following letters the Agent informs Rw about the status of the Victim's property or some type of damage to his property that he suffered on account of Rw. In AbB 2, 131 the house of the Victim, which he entered as an adopted child was taken from him by Rw. The Agent informs him that: "bi-it a-ba ú-ul i-šu-ú a-na bi-it SALsé-ek-re-tim a-na ma-ru-tim i-ru-ub bi-it a-na ma-ru-tim e-ru-ub a-na şí-it É.GAL uš-te-şú-ú", "(Since) I (the Victim) have no father's house, into the house of a sekretu –priestess as an adopted son I entered. The house which I entered into as an adopted child, they have leased to someone released from the palace" (l. 8-10). The Agent asks Rw to either return the house to the Victim or give him one that is equivalent to what he had (l. 19-20). He further warns Rw that the Victim may sue if he does not return the house to him. In AbB 3, 82 Rw has sold a house to the Victim, but at some point Rw prevented him from continuing the building (repairs):"[t]u-ša-[a]d-du-šu", "you made him abandon his plan " (l.11), meaning in context that the Victim could not continue to work on the house he bought from Rw. The Agent examines and verifies the 47

documents and seals that the Victim has brought to him: "a-mu-ur-ma pa-nam i-šu","I examined it (the document and seal) and (its) intent is clear" (l. 15), thus ratifying the Victim's legal right to the house. In AbB 4, 134 Rw has somehow inflicted damages on the Victim. The Agent informs Rw that he and the Victim own joint property, and therefore whatever damages the Victim suffers, are his (the Agent's) as well: "pa-wi-il—ì-lí ù a-na-ku zi- za-nu-ú hi-ib-le-et pa-wi-il—ì-lí ú-ul ia-a-at-tu-un", "(Have) Awīl-ilī and myself divided (our property)? Is Awīl-ilī's damage not mine (as well)?" In AbB 9, 198 the Agent informs Rw that the field he (Rw) took away from the Victim has been used by the Victim for 40 years: "A.ŠÀ-am ša iš-tu MU.40.KAM i-ka-lu… A.ŠÀ-šu ta-na-ad-di-in", "Would you give his field, a field whose usufruct he has had for forty years?" (l. 7-9).236 The Agent asks Rw to return the field to the Victim. In AbB 10, 3 a house has been taken from the Victim and given by Rw to someone else. The Agent writes to Rw that: "bi-tum šu-ú ú-u[l b]i-it AGA.UŠ bi-it lú ÈŠ.NUN.NAki,” , "That house is not (a house) of a soldier. The house belongs to a man of Ešnunna" (l. 9-11), informing Rw about the status of the property in question, and arguing that Rw may have acted as if the land belonged to an AGA.UŠ (rēdû – soldier) and therefore could be taken away from one soldier and given to another.237

I.3.3. Referring to the law In AbB 9, 236 the Agent tells Rw who has withheld wages of his slaves; ag-ru i-di-šu-nu le-el-qú-ú i-na i-di wa-ar-di-ja le-qé-em ú-ka-an-ku-nu-ti -ma", "hirelings should receive their wages.238 I (will) convict you 239of taking the wages of my servants" (l. 13-17). Whether a common law or a more official law of the King is meant, cannot be known. However the Agent is sure enough of the injustice done to

236 See AbB 4, 73 in chapter 2 for the same expression. 237 See Borger (2003).364) and see BL 112ff. 238 §268-277 in LH tell how much should be paid to hired work. 239 Stol translates:"If I convict you….". But there is no indication that an "If" should be there, neither in the Akkadian, nor in the content. On the contrary, the writer informs the addressee that he accuses him of taking the servants' wages and wants him to pay And see CAD I-J 18a, s.v., idū :”I shall establish that you took my slave’s hire, and make you make you measure ( it) out from your shares.”

his slaves that he threatens Rw to convict him of this injustice. This he would say only if he is sure that he is in the right and Rw "broke" the law". In AbB 3, 82 the Agent points out to Rw the Victim's legal rights to the house. Then the Agent accuses Rw of acting against the legal rights of the Victim and asks him: "šum-ma ţup-pa-am šu-a-ti DI.KU5.MEŠ uk-ta-al-li-im şi-im-da-ta-am i-ti-qú- ni-ik-kum","If he will show that tablet to the judges, will they bypass (circumvent) the law for you?" (l.19-21). The question raised by the Agent clearly sends the message that the Victim is legally in the right, and that Rw is breaking the law, and the Agent basically implies that only a corrupt judge (who circumvents the law) would allow Rw to win if the Victim took the matter to court. The Agent adds that Rw should return the house to the Victim so that his work (building) and expenses are not lost (l.23-25).

I.4. The manner in which the Agent approaches Rw One feature that can inform the reader about the character of the Agent is the way in which he approaches Rw. In some of the letters the Agent criticizes Rw's behavior; in others he flatters Rw. The Agent uses these tactics to strengthen his argument and cause Rw to change his behavior toward the Victim.

I.4.1. The Agent criticizes Rw In AbB 1, 129 after explaining to Rw the status of the servant who has been taken from the Victim, the Agent criticizes Rw by asking him: "a-na mi-nim a<-na> re-du-tim ta-ša-ţà-ar-šu ga-gu-um a-na ma-ša-i-im ša-ki-in" ,"Why do you inscribe him for military service? Can the gagû be so looted?" (l.18-21). In AbB 7, 51 the Agent asks Rw accusingly why he has assigned the Victim to fellmonger service despite the fact that he was exempt from it:"i-na-an-na mi-nu-um ša ÌR -dalamuš šu-a-ti a-na i-li-ik su-SI.IG tu-ma-al-li-a", "now, why is that, Warad- Alammuš (the Victim) you assigned him to the fellmonger service?!" (l. 6-8). In AbB 10, 13 the Agent asks Rw why he has given an order to summon the Victims to Corvée service, despite the fact that they were exempt from it, and criticizes Rw: "a-wa-tum ši-i i-na la i-di-im-ma iq-qá-bi-a-ak-kum”, "Was this order given to you without any reason?" (l. 19-20).

I.4.2. The Agent warns Rw of possible future consequences In AbB 1, 129 the Agent warns Rw that if he does not return the slave to the nadītu, she may turn to the King: "wu-uš-še-er LUKUR dUTU šar-ra-am la i-ma-ha- ar", "Release him, (so that) the nadītu of Šamaš does not approach the King" (l. 13- 15). In AbB 2, 131 the Agent criticizes Rw that he did not answer the letter he received from the Agent's Lord240 concerning the Victim’s house (which was taken): "[ţup]-pí be-lí-ja a-na bi-tim na-da-nim[i]l-li-ka-ak-ku-ši[-i]m-[ma] am-mi-ni la in- na-pí-il-ma", "My Lord's letter, to give (him) the house has come to you. Why was it not answered?" (l.13-15). He asks Rw to return the house to the Victim, for otherwise the Victim may sue him: "ú-da-ab-ba-ab","And he will sue!" (l. 16, and l. 21). In AbB 4, 134 the Agent warns Rw to satisfy the Victim's desires before the Victim turns to his Lord:241 "la-ma a-na şe-er bé-li-šu il-li-ka-am-ma bé-el-šu u-lam- mi-du","Before to his Lord he, will come and will inform his Lord" (l. 19-21). In AbB 7, 59 the Agent informs Rw that two women have come to him complaining about being hungry. The Agent warns Rw to pay so that the Victim will d not complain to the King about him: "ZALAG2- UTU A.ŠÀ-ši-na a-pu-ul ZALAG2- dUTU a-na šar-ri-im la i-za-ka-ra-ka","Pay Zalag –Šamaš (according to) their field. Zalag –Šamaš should not mention you to the King" (l. 19-22). In AbB 7, 67 the Agent informs Rw that if he does not pay the Victim (what he owes her): "ú-ul ta-al-li-kam-ma n[a]-aq me-e i-na bi-it-ka ú-ul i-zi-bu-ni"," (If) you will not come here, they will leave me no water libation in your house" (l. 15-18). This is the only letter in this chapter in which the Agent urges Rw to pay not only for the Victim's sake, but also for his own. The Agent must have had some relations with Rw because he states that his (the Agent’s) "water libation"242 was supposed to be left in Rw's house. In AbB 13, 125 the Agent warns Rw about the Victim he is holding in custody: "šum-ma a-wi-[l]u[m] š[u]-ú im-tu-ut pi-ha-at a-wi-lim ša-a-ti i-na mu-u[h-

240 The Lord's name is not mentioned. 241 The name of the Lord not given. 242 For water libation see reference to the full text in Appendix 1.

hi-ka] ú-ul i-ša-ak-ka[a] |-nu", "If this man dies, will they not hold you responsible for this man? (l. 9-13).

I.4.3. The Agent approaches Rw on a note of personal favor In AbB 9, 198 the Agent wants to make Rw feel guilty about taking away the Victim’s field. While explaining to Rw that the Victim243 has been working on that field for 40 years, he raises the issue of justice and ethical behavior, suggesting that Rw's taking of the field is not right, even if by law this type of field may be taken from one person and given to another: "A.ŠÀ-am ša iš-tu MU.40.KAM i-ka-lu a-na ša ša-at-tam a-na il-ki-im i-li-a-am A.ŠÀ-šu ta-na-ad-di-in na-tú-ú e-pé-šum an-nu- um ša te-pu-šu," “Would you give his field, a field whose usufruct he has had for forty years, to somebody who showed up for ilku service (only) this year? Is this deed that you did proper?" (l. 7-9). The Agent's question; "is this deed that you did proper?" can be understood as a criticism of Rw's handling of field distributions (Šamaš-hāşir), but in light of the following lines the question may be interpreted not merely as criticisms but as a a way of making Rw feel guilty and return the field to the Victim. The Agent writes: "ma-ti-ma a-na mi-im-ma ú-ul aš-pu-ra-kum a-nu-um- ma dUTU—ma-gir aš-tap-ra-kum A.ŠÀ-šu te-er-šum-ma ù i-ša-ri-iš ap-la-aš-šu", "Never have I written to you about anything. Now I write to you about Šamaš-māgir. Return his field to him, and give him what is just" (l. 11-14). In other words, the Agent requests a favor of Rw, to return a field, ex gratia to the Victim, which is right in his eyes.244 In AbB 10, 1 people have been taken from the Victim for bearer-service, which according to the Victim (l. 21-22) has never happened before. In this letters the Agent writes an introduction to Rw that: "i-nu-ma dMarduk DUMU šu-um-ka iz-ku-ru ma-di-iš ah-du um-ma a-na-ku-ma a-wi-lum ša i-di-a-ni šu-um-šu it-ta-áz-ka-ar[ş]a- bi-a-ti-ia i-ip-pu-uš pa-na-nu-um a-wi-lu-ú ša la i-du-ni-in-ni a-ša-ap-pa-ar-šu-nu- ši-ma şa-bi-a-ti-ia i-ip-pu-šu," that is, "When Marduk called your name, I rejoiced very much. Thus I (said) a man who knows me, has been promoted! My wishes he will carry out! Previously men that did not know me, I (would) write them and they

243 Who is the father of the Agent's servant (l. 4-5). 244 For further ways of asking a favor of a recipient see short discussion in O. Tammuz (1998) 379 ff.

carry out my wishes (l. 7-16). The implication of the Agent's introduction is that if previously people have complied with his wishes without knowing him, Rw, who knows him, should certainly respond positively to his wishes. After this introduction the Agent informs Rw of the Victim's problem and gives further information: the Victim is under his command, he performs his ilku services, and pays his dues. The agent ends the request by adding a persuasive question that implies a personal favor: "šum-ma i-na ki-na-a-tim ta-ra-am-ma-an-ni a-na bi-ti-šu ma-am-ma-an la i-ša-ás-si", "If you truly love me no one (should) lay a claim on his household" (l. 32-35).

I.4.4. The Agent threatens Rw In AbB 9, 236 the Agent accuses Rw of having treated his servant s wrongfully by taking away their wages. He accuses Rw of lying: "a-na mi-ni-im la ki- ti ta-aš-ku-n[a", “Why did you make an untrue statement?” (l. 5-6), and then threatens him: "i-na i-di wa-ar-di-ja le-qé-em ú-ka-an-ku-nu-ti-ma i-na qá-ta-ti-ku-nu ú-ša-am-da-ad-ku-nu-ut,", "I (will) convict you of taking the wages of my servants. I will make you pay (them) from your (own) hands" (l.15-19).

I.5. The Agent's request from Rw The Agent's request from Rw is determined by what Rw did to the Victim, therefore the Agent usually requests that RW reverse a situation he has caused. In the fragments below only the requests of the Agent are quoted.

I.5.1. The Agent requests that Rw return property In the following letters the Agent asks Rw to return something, by using the verb târu; "to return, to return to a previous position or statues, to revert to a previous condition or owner."245 AbB 2, 131: "ù lu-ú bi-it a-na ma-ru-tim i-ru-bu li-te-er-ru-šum ù lu-ú bi-tam ma-a-li bi-tim i-di-iš-šum-ma", “Either return to him the house into which he

245 See CAD T 250, s.v., târu: "to return to a previous position or statues, to revert to a previous condition or owner."

entered as an adoptive son or a house equivalent to (his )house give him” (l. 17-20). AbB 3, 82: "bi-tam a-na e-tel-pí-dMarduk te-e-er-ma", "Return the house to Etel-pī-Marduk” (l. 23-24). AbB 9, 198: "A.ŠÀ-šu te-er-šum-ma", "Return his field to him" (l. 13).

AbB 10, 3: "bi-tam…. te-e-er", "That house ...... return" (l. 17- 21).

I.5.2. The Agent requests that Rw pay the Victim d AbB 7, 59: "ZALAG2- UTU A.ŠÀ-ši-na a-pu-ul","Pay Zalag –Šamaš (according to) their field" (19-20). AbB 7, 67: "al-kam-ma LUKUR dUTU a-pu-ul-li", "Come here and pay the nadītu of Šamaš" (l. 13-14). AbB 9, 236: "i-na qá-ta-ti-ku-nu ú-ša-am-da-ad-ku-nu-ut","I will make you pay (them) from your (own) hands" (l. 18-19).

I.5.3. The Agent requests that Rw release the Victim AbB 1, 129: "wu-uš-še-er","Release him" (l. 13). AbB 5,144: "a-wi-lam ú-še-ra-am" ,"Release that man!" (l. 10-11). AbB 13, 125: "a-wi-lum ša-a-ti šu-şi-a-aš-šu-ú-ma", "Set this man free and" (16-17).

I.5. 4 The Agent requests that Rw not summon the Victim anymore to a certain duty or service AbB 7, 51: "pÌR -dala--muš šu-a-ti a-na i-li-[ị]k su-SI.IG la ú-da-ab-ba- bu[x]","That Warad-Alammuš, should not be called to the fellmonger service" (12- 13). AbB 10, 1: "a-na bi-ti-šu ma-am-ma-an la i-ša-ás-si", "no one (should) lay a claim on his household" (l. 34-35). AbB 10, 13: "a-wi-lu-ú šu-nu la ud-da-ab-ba-bu-ma la iš-ta-na-as-sú", "Those men should not harass them (the Victims) and should not call on them" (l. 22-23).

I.5.5. The Agent requests that Rw investigate the circumstances246 AbB 4, 134: "wa-ar-ka-at hi-ib-le-ti-šu pu-ru-us-ma", "The circumstances of his damages investigate!" (l. 17-18). AbB 10, 13: "wa-ar-ka-tam pu-ru-ús-ma", "Investigate the circumstances of the case" (21).

Chapter 1: Summary From the letters in this chapter we learn that when a person is wronged (the Victim), and needs help in dealing with his wrongdoer (Rw), he can turn to a middleman (an Agent) who approaches the wrongdoer on his behalf. In nearly half the letters (six out of fourteen) the Victim chose the Agent from among people he knew: family, acquaintances, employers (the personal Agent). In the remaining letters in this chapter the Agent does not state his relation with the Victim, which can mean one of the following: 1. The Agent does not think that revealing his connection with the Victim will help achieve his goal, which is, causing the wrongdoer change his behavior. 2. No close relationship exists between the Agent and the Victim, thus the Agent is tagged impersonal Agent. In the case of the impersonal Agent, the Victim seeking help in dealing with the wrongdoer approaches a person in who would have been able to help redress the injustice done to him. Both personal and impersonal Agents provide Rw with information that stresses his wrongful acts against the Victim. Depending on whether the Victim has been deprived of his property or has been detained in some way, the Agent provides the relevant information to Rw, including the status of the Victim's property or of the Victim. The Agents’ requests vary from letter to letter: to return property that has been taken from the Victim; to release the Victim (or a slave that belongs to him) who is being held unjustly by Rw; or to pay money owed to the Victim.

246 See the discussion of warkatum parāsum in Chapter 2, § II.5.1.

The way in which the Agent approaches Rw varies as well. Whereas in some letters the Agent criticizes, warns, and even threatens Rw, in other letters the Agent asks Rw for special treatment or a personal favor. In sum, we find that a person, who has been wronged and for some reason cannot or does not wish to approach his wrongdoer himself, can turn to a third party for help. This party can be a person whom the Victim knows, (the personal Agent), or someone he does not know personally (impersonal Agent). This Agent then approaches the wrongdoer and tries to influence the wrongdoer to reverse his unjustly behavior toward the Victim.

Appendix 1- Texts to Chapter 1

The letters in the Appendix to each chapter are arranged according to their numbering in AbB, where at the end of each letter the Agent, Victim and Recipient will be determined. If the CAD has another (older) label, it will be given in brackets. References in the footnotes to other letters from the AbB, will be by volume and letter number, rather than page number. When a footnote refers to a scholar without further references, it is the scholar who published that specific volume of the AbB (e.g.: see Kraus). These are the volumes of the AbB according to their editors: F.R. Kraus; Vol. 1, 4, 5, 7, 10; R. Frankena Vol. 2, 3, 6; L. Cagni Vol. 8; M. Stol Vol. 9, 11; W. H. Van Soldt Vol. 12, 13; K. R. Veenhof Vol. 14.

AbB 1, 129 (CT 44 53)

Case: a-na ša-pí-in 248sic.! ÍD To the governor 247 of the river. Seal: ra-pa-aš-mi-lí-É.A UGULA Seal: Rapaš-şilli-Ea, overseer of the nadītu LUKUR dUTU of Šamaš249. DUMU šul-dNIN.ŠUBUR ÌR sa- Mār- Šul-Nin-šubur, servant of Samsu-iluna. am-su i-l[u]-n[a] Letter: (obv.) 1. a-na ša-pí-in250 na-ri-im To the governor of the river 2. qí-bí-ma say, 3. um-ma ra-pa-aš-mi-lí- É.A thus (says) Rapaš-şilli-Ea. 4. dUTUu dMarduk May Šamaš and Marduk 5. li-ba-al-li-ţú-ka keep you in good health! 6. pli-wi-ra—a-na—DINGIR Why did you detain 251Liwira-ana-ilim, 7. ÌR LUKUR dUTU a-na mi-nim the slave of a nadītu of Šamaš? 8. ta-ak-la 9. ú-ul DUMU URU ŠÀ.GUD.KI He is not a citizen252 of Kullizum253. 10. šu-ú He

247 See CAD Š/1 454a, s.v., šāpir nārim: "a governor of the river system." 248 So in the transliteration, probably a mistake for ir. 249 The overseer of the temple is part of the managerial personnel. This may be a similar position; see Harris (1975) 161. 250 So in the transliteration, probably a mistake for ir. 251 See CAD K 95, s.v., kalû: "to detain, delay, hold back (a person)." 252 See CAD M/1 315a, s.v., māru: "he is not a citizen of GN, he is not a freeborn citizen." 253 Translation by Kraus, AbB 1, 129.

11. ú-ul DUMU a-wi-lim(rev.) is not the son of a gentleman254, 12. ÌR LUKUR dUTU (but he is) a slave of a nadītu of Šamaš.255 13. wu-uš-še-er Release him,256 14. LUKUR dUTU šar-ra-am la i- (so that) the nadītu of Šamaš will not 15. ma-ha-ar approach the king. 16. a-na ri-iš- dUTU ú-ul wa-li-id He was not born to Rīš-Šamaš, 17. um-ma-šu GEME LUKUR dUTU his mother was a slave of the nadītu of Šamaš. 18. a-na mi-nim a<-na> re-du-tim Why do you inscribe him for military 19. ta-ša-ţà-ar-šu service? 257 20. ga-gu-um a-na ma-ša-i-im ša-ki- Can the gagû be so looted? 258 21. in

The Victim: a nadītu of Šamaš. Rw: The governor of the river. The Agent: Rapaš-şilli-Ea, overseer of the nadītu. P: The Victim's slave has been taken away. The Agent's request of Rw: to return the slave to the nadītu, his owner.

254 The meaning here is that Liwira-ana-ilim is not born to a free man, so is not free himself. 255 See CAD K 98b, s.v., kalû: "why did you confine PN, the slave of the nadītu of Šamaš? He is neither a citizen of Kullizum nor a free born man, he is (simply) a slave of a nadītu of Šamaš, release him." 256 See CAD A/1 424b, s.v., wašārum D: "to release." 257See CAD R 251b, s.v., rēdûtu: "status or service of a rēdû soldier." And see the full citation there. 258 See CAD M/1 361, s.v., mašā'um: "to plunder, despoil"; "is the gagû to be plundered?" See also CAD Š/1 130, s.v., šakānum: (in stative-mostly) "to be present, exist."

AbB 2, 131 (CT 29 7a) (obv.) 1. a-na [t]a-ri-bu-um To Tarībum 2. qí-bí-ma say, 3. um-ma i-din-ja-tum-ma thus (says) Idinjatum. 4. dUTU li-ba-al-li-iţ-ka May Šamaš, keep you in good health. 5. pdšu[l].pa.è—ba-ni Šulpae-bāni, the scribe259 DUMU.É.DUB.BA.A 6. ki-a-a[m] ú-lam-mid thus informed (me). 7. um-ma šu-ú-ma Thus he (says): 8. bi-it A.BA ú-ul i-šu-ú "(since) I have no father house260, 9. a-na bi-it SALsé-ek-re-tim into the house of a sekretu –priestess 10. a-na ma-ru-tim i-ru-ub as an adopted son I entered. 11. bi-it a-na ma-ru-tim e-ru-ub The house which I entered to as an 12. a-na şí-it É.GAL uš-te-şú-ú adopted child they have leased to someone from the palace."261 13. [ţup]-pí be-lí-ja a-na bi-tim na-da- My lord's letter, to give (him) the house nim 14. [i]l-li-ka-ak-ku-ši[-i]m-[ma] has come to you. 15. am-mi-ni la in-na-pí-il-ma (rev.) Why was it not answered?262 16. ú-da-ab-ba-ab And he will sue! 17. ù lu-ú bi-it a-na ma-ru-tim Either return to him the house into 18. i-ru-bu li-te-er-ru-šum which he entered as an adoptive son 19. ù lu-ú bi-tam ma-a-li bi-tim or a house equivalent to (his) house give 20. i-di-iš-šum-ma him,263 21 la ú-da-a[b-b]a-ab (so that) he will not sue.264

The Victim: Šulpae-bāni. Rw: Tarībum. The Agent: Idinjatum. P: The Victim's house was taken. The Agent's request of Rw: he should either to return the house to the Victim, or give him a house equivalent to what he had.

259 See CAD Ţ 149b, s.v., ţuppu: "the scribe PN informed (me) thus." 260 See CAD A/1 73b, s.v., abu: "I have no family (I was adopted into the household of a sekretu- woman)." 261 See CAD Ş 220b, s.v., şītu: "they have released the house which I entered as an adoptive child (to another lessee) on a lease from the palace." And see CAD M/1 320a, s.v., mārūtu: "the household….has just been issued (to someone else) from the palace under terms of a lease." 262 See CAD A/2 165b, s.v., apālu: "why has the letter of my lord not been answered?" 263 See CAD L 227b, s.v., lu: "either...or." 264 See CAD D 12a, s.v., dabābu: "or give him (another) house, as good as the (old) house so that he may not grumble." And see CAD D 4f and p. 8f, s.v., dabābu (4): "to plead in court, to litigate." Even though dubbubu (D-stem) has no translation as –to litigate in the CAD, in some of the letters it is highly likely that that is the meaning. See Also Dombradi (1996) 71 and n. 291-292. For dabābu as litigate see AbB 3, 2.

AbB 3, 82 (TLB 4 82) (obv.) 1. a-na ja-ah-gu-nu-um To Jahgunum 2. qí-bí-ma say, 3. um-ma i-bi-dSumuqan-ma thus (says) Ibbi-Sumuqan. 4. dUTU li-ba-al-li-iţ-ka May Šamaš keep you in good health. 5. aš-šum e-te[l-p]í-d[Ma]rduk Concerning Etel-pī-Marduk, the son of DUMU ik-šu-ud-a[p]-pa-šu Ikšud-appašu, 6. ša iš-tu [M]U.3.KAM bi-tam ta-ad- to whom you sold a house265 3 years ago. di-nu-šum-ma 7. i-nu-ma qá-as-sú a-na bi-tim When 266he began (re)building267 the 8. e-p[é]-ši-im iš-ku-nu house, 9. ni-iš šar-ri-im i-na pí-šu t[a]-[a]š- You made him swear an oath by life of 10. k[u]-nu-ma the king.268 11. [t]u-ša-[a]d-du-šu And you made him abandon his plan.269 12. ţup-pa-šu [š]a bi-tam it-ti-k[a] His tablet, on which (it is written) that he 13. i-ša-a-am bought270 the house from you, 14. ub-lam-ma he brought me, and 15. a-mu-ur-ma pa-nam i-šu (rev.) I examined it and (its) intent is clear.271 16. hi-si ku-nu-uk-ki-ka The imprint272 of your seal 17. ù 5 ERIM ši-i-bu and 5 erim273 witnesses 18. i-na ţ[u]p-pí ša-aţ-ru are written on the tablet. 19. šum-ma ţup-pa-am šu-a-ti If he will show274, that tablet, to the 20. DI.KU5.MEŠ uk-ta-al-li-im judges, 21. şi-im-da-ta-am i-ti-qú-ni-ik-kum will they bypass the law for you?275 22. a-nu-um-ma ţup-pí uš-ta-b-la-kum Now, I am sending you my letter. 23. bi-tam a-na e-tel-pí-dMarduk Return the house to Etel-pī-Marduk, 24. te-e-er-ma

265 According to the translation of Frankena: "Stück, Hausgrund." 266 See CAD Š/2 142a, s.v., šakanā with qātu: "to begin work." 267See CAD E 197a s.v., epēšum: "build or rebuild." 268 See CAD N/2 290f, s.v., nīšu: "to make someone swear". It is not stated on what he made him take an oath, maybe a dispute rose between them, after which Rw made the Victim stop his work. See also, 'to take an oath' in the Introduction § 7.3. 269 See CAD N/1 97, s.v., nadû- Š (šuddû): "to make someone drop, abandon a task, a wish, a plan." 270 See CAD Š/2 353, s.v., šâmu: "he brought the tablet (attesting to the fact) that he had bought the house from you." 271 See CAD P 92b, s.v., pānu: "intention, plan; I saw and (its) intent is clear." 272 See CAD K 546, s.v., kunukku: "to identify a seal impression; "The … of your seal and five witnesses are written on the tablet." 273 See AbB 3, 82, l. 17. 274 See CAD K 519, s.v., kullumu: "to show." 275See CAD E 390, s.v., etēqu: "to bypass, avoid"; "if he shows this tablet to the judges, they will bring a verdict against you, (lit. disregard the verdict (already given ) in your favor)." And also see CAD Ţ 131b, s.v., ţuppu: "he brought to me his tablet (document) that he bought the house from you and I inspected it, it is unambiguous, the impression of your seal and (the names of) five witnesses are written upon the tablet, if he shows that tablet to the judges, will they circumvent the law for you?"

25. ma-na-ha-tu-šu la na-di-a li-pu-uš so that the improvements (and the expenses) are not lost276. May he (continue to) build. 26. šum-ma ni-ţi-il-ka If it is acceptable to you,277 27. a-na KÁ.DINGIR.RAki go up to Babylon 278, and examine your 28. a-li-a-am-ma a-wa-ti-ka affair. 29. a-mu-ur

The Victim: Etel-pī-Marduk. Rw: Jahgunum. The Agent: Ibbi-Sumuqan. P: Rw hinders the Victim from rebuilding the house he bought. The Agent's request of Rw: to give the house back to the Victim.

AbB 4, 134 (OECT 3 56) (obv.) 1. [a-na] dUTU—ha-zi-ir To Šamaš-hāzir 2. [q]í-bí-ma say, 3. um-ma ta-ri-ba-a-tum<-ma> thus (says) Tarībatum. 4. dUTU ù dMarduk May Šamaš and Marduk, keep you in good 5. li-ba-al-li-ţù-ú-ka health. 6. pa-wi-il—ì-lí Awīl- ilī 7. ki-a-am iš-pu-ra-am thus wrote me. 8. [u]m-ma šu-ú-ma Thus he (said): 9. [hi]-ib-le-tu-ú-a "Šamaš-hāzir increased my damages."279 10. i-na qá-ti dUTU— ha-zi-ir im-ti- da 11. pa-wi-il—ì-lí ù a-na-ku (Have) Awīl-ilī and myself divided (our 12. zi-za-nu-ú property)? 13. hi-ib-le-et pa-wi-il—ì-lí Is Awīl-ilī's damage 14. ú-ul ia-a-at-tu-un not mine (as well)? 15. [b]é-el-šu a-na a-la-ki-šu His lord wrote to him, about coming to 16. iš-tap-ra-aš-šu (rev.) him. 280

276 See CAD M/1 205b, s.v., mānahtu: "maintained, upkeep, improvement (in fields and house) expenses (incurred for these)"; "Return the house to PN, so that his improvements are not lost." And see CAD N/1 78, s.v., nadû: "return the house plot to PN lest his labor have been for naught." 277See CAD N/2 301b, s.v., niţlu: "opinion, judgment"; "if it is acceptable to you, go to GN and look after your affair." 278 See CAD E 114 b, elû: "to go up, to ascend, to go to a more important locality (temple, palace), to a higher authority." 279 Lit: "My damages in the hand of Šamaš-hāzir became numerous." 280 By his lord the Agent could mean the king, or another high official. See W. Sallaberger (1999) 56f.

17. wa-ar-ka-at hi-ib-le-ti-šu Investigate the circumstances of his 18. pu-ru-us-ma damages, 19. la-ma a-na şe-er bé-li-šu before to his lord he, 20. il-li-ka-am-ma will come, and 21. bé-el-šu u-lam-mi-du will inform his lord. 22. li-ib-ba-šu ţi-i-ib Satisfy his heart!

The Victim: Awīl- ilī. Rw: Šamaš-hāzir. The Agent: Tarībatum. P: The Victim's damages are being increases by Rw. The Agent's request of Rw: to investigate the circumstances of the Victim's damages.

AbB 5,144 (obv.) 1. a-na na-ra-am—dIŠKUR To Narām-Adad 2. qí-bí-ma say, 3. um-ma a-hu—ţà-bu-um-ma thus (says) Ahu—ţābum. 4. a-wi-lum iš-tu e-la-am-tim The man from Elam 5. in-na-bi-ta-am escaped here. 6. a-na mi-nim Why 7. ta-ak-la-a-šu did you detain him? 8. ku-nu-ki After your examination281 (of) my sealed 9. i-na a-ma-ri-ka (rev.) tablet, 10. a-wi-lam release that man! 11. ú-še-ra-am 12. a-wi-lum The man (is) 13. DUMU tu-ub-qí-im a free citizen282 of Tubqum.283

The Victim: The man from Elam. Rw: Narām-Adad. The Agent: Ahu—ţābum. P: The Victim is detained. The Agent's request of Rw: to release the Victim.

281 See Kraus:" Nach <> Lektüre meines gesiegelten (Briefes)", AbB 5, 144. 282 For the same see AbB 1, 129 l.9 and footnotes. 283 Either a place name meaning 'citizen of', or name of person. Kraus translates: "Der Mann ist ein freier Buerger von Tubqum", and see AbB 5, p. 65, n. 144a.

AbB 7, 51 (CT 52 51)

(obv.) 1. [a-n]ạ dMarduk—na-şi-ir ù DI- (To) Marduk-nāşir and the judges of K[UD].ME[Š UD.KIB.NUNki] [Sippar] 2. qí-bí-m[a] say, 3. um-ma dEN.ZU—mu-ša-lim-m[ạ] thus (says) Sîn- mušallim. 4. dUTU li-ba-al-li-iţ-ku-n[u-ti] May Šamaš keep you (pl.) in good health. 5. pÌR-dalamuš na-PI-e UD.KIB.NUNki Warad- Alammuš who works on the pasture land284 of Sippar 6. NÍG-šu dUTU—ku-ú—a-na-ku property of285 Šamaš-kû-anāku the UGULA MAR.TU overseer of the Martu 7. ki-a-am iq-bi-a-am um-ma šu-ma told me thus; thus he (said): 8. ša-ad-da-aq-dam a-na i-li-ik su- "last year to fellmonger286 service SI.[I]G 9. ú-ma-al-lu-ni-in-ni I was assigned.287 10. ki-ma mu-uš-ke-ne-e-ku Because I am a "muškēnu"288 11. i-na É dUT[U] ar-ka-ti ip-pa-ri-isin the Šamaš temple the decision [m]a concerning me was made.289 12. pu-hi-ia ša<-ni>-a-am-ma ú-ma-ạ[l- They have put in someone else as my lu-ú] substitute.290 13 i-na ka-an-ki-im ša lú mu-š[a-ad-di- From the sealed (document) of the tax- nim] collector291 14. ú-še-lu-ni-i[n-ni] (unt. Rd. mit they have removed me." vielleicht drei Zeilen abgebrochen) (rev.) 1. ki-a-[ạ]m [iq-bi-a-am] Thus (he told me). 2. šum-ma ki-ma [iq-bu-ú] If, as (he told me), 3. ša-ad-da-aq-dam a-na su-SI.[I]G [ú- last year to the fellmonger [they ma-al-lu-ú-šu-ma]292 assigned him and] 4. ki-ma mu-uš-ke-nu i-na É d[U]TU ar- as a "muškēnu" in the temple of Šamaš, [ka-as-sú] [his, facts] 5. ip-pa-ri-is-ma i-na ka-an-ki-im x[….] were determined and in a sealed (document written),

284 This line is mentioned in CAD N/1 250, s.v., namû (2): "pasture land, outlaying area around a city." See also RA 70 (1976) 177-179 which discusses the term and notes that: "nawûm wenn es sich auf eine Einzelperson bezieht, versuchsweise mit <> wiederzugeben." F. R. Kraus trans.: "Warad- Alammuš im Sommerweide- Gebiet von Sippar tätig." 285 See R. Borger (2003) Níg, p. 442. F. R. Kraus trans.: "unter dem Befehle." 286 See CAD Š/3 374a, s.v., šusikku: "fellmonger." 287 See CAD M/1 181b, s.v., mullû: "to assign, allocate." 288 See CAD M/2 272bf, s.v., muškēnu: "commoner, a person not liable for service." 289 See CAD P 178a, s.v., parāsu: "that I am not liable for service was established for me in the Šamaš temple." 290 See CAD P 496, s.v., pūhu: "substitute, replacement." 291 See CAD M/2 252b, mušaddinu: "collector, collecting agent (of dues, taxes, and other payments)." 292 Added freely by Kraus, see AbB 7, 51 n.a to transliteration.

6. i-na-an-na mi-nu-um ša ÌR-dalamuš now, why did you assigned that, 7. šu-a-ti Warad- Alammuš 8. a-na i-li-ik su-SI.IG tu-ma-al-li-a to the fellmonger service?! 9. a-wi-lam ša pu-úh-šu tu-ma-al-li-a The man that you assigned as his substitute 10. a-na lú mu-ša-ad-di-nim pí-iq-da-a- to the tax collector hand over, and ma 11. KÙ-BABBAR-ạ[m] li-ša-ad-di-nu- make him293 give the silver to him294. šu 12. pÌR -dala-muš šu-a-ti a-na i-li-[ị]k That Warad-Alammuš, should not be 13. su-SI.IG la ú-da-ab-ba-bu[x] called to the fellmonger service. 14. šum-ma a-wa-tum ši-i x x x [x] If the affair…. 15. ţe4-ma-am[…….] A report…..

The Victim: Warad-Alammuš. Rw: Marduk-nāşir and the judges of (Sippar). The Agent: Sîn- mušallim. P: the Victim is called to service even though he was exempt from it. The Agent's request of Rw: not to harass the Victim with fellmonger service.

293 The substituted. 294 The tax collector.

AbB 7, 59295 (CT 52 59) (obv.) 1. a-na ni-id-na-at— dEN.ZU To Nidnat-Sin296 2. qí-bí-ma say, 3. um-ma dMarduk—la-ma-sà-šu-ma thus (says) Marduk-lamassašu. 4. aš-šum be-le-sú-nu Concerning Bēlessunu 5. DUMU.MUNUS ki-şa-tim the daughter of Kişşatum297 6. ù hu-na-ba-tum and Hunābatum, 7. DUMU.MUNUS ha-i-im aš-pu-ra- the daughter of Ha'um, I wrote you. kum 8. um-ma ši-i-na-ma Thus they (said): 9. iš-tu MU 2.K[A]M (lo. e) "two years ago298 10. A.ŠÀ-lam the field has been returned to us! 299 11. tur-ra-an-ni-ši-im (rev.) 12. a-mi-ni ba-ri-a-nu (So) why are we hungry?" 13. a-na ib-ni—dMAR.TU To Ibnī-Annurrum 14. ù DUMU— er-şe-tim and Mār- erşetim 15. aš-pu-ur-ma I wrote. 16. um-ma šu-nu-ma Thus they (said): 17. it-ti ša-pir íd-ma "the matter rests with the governor of the river."300 18. a-na ka-šum ţà-ar-da To you they (the two women) were sent ! d 19. ZALAG2- UTU A.ŠÀ-ši-na Pay Zalag –Šamaš (according to) their 20. a-pu-ul (u.e.) field.301 d 21. ZALAG2- UTU a-na šar-ri-im Zalag –Šamaš should not mention you 22. la i-za-ka-ra-ka (r.e) to the king. 23. li-ik-ru-ba-ni-NIM302 May they bless you.

295 This letter contains many names, and some difficult sentences. Kraus writes: "Übersetzbar, aber für den nicht Eingeweihten kaum verständlich". See AbB 7, 59, n. 59a. 296 It appears that the Agent after hearing the Victim's complaint examines the affair with two people mentioned in l. 13-14. Those two people answered, that the blame for this matter is with the governor of the river (l. 17), thus he is at fault that the Victims have not received their money. As the Agent demands of the addressee of the letter to pay (l. 19-20), it is likely that he is the governor of the river. It cannot be established from this letter in what way he is connected to the field of the Victims or the Victims themselves. 297 According to Kraus, see AbB 7, 59. 298 See CAD I-J 284b, s.v., ištu: "since." 299 See CAD T 266b, s.v., târu: "the field is being returned to us." 300 See CAD Ţ 54a, s.v., ţarādu: "the matter rests with the ša-pir íd-ma they (the women) have been sent to you." 301 In l. 19-20 instead of telling Rw to pay the Victim, the Agent mentions a different person -Zalag – Šamaš. From the contexts one could understand that the topic of the letter did not change, but rather this person Zalag –Šamaš, is connected to the Victim and thus paying Zalag –Šamaš, will solve Bēlessunu and Hunābatum complaints. Even though a fourth person is mentioned in the letter, the pattern of communication in this chapter is maintained. The Agent writes to Rw concerning the Victim's situation and problem.

The Victim: Bēlessunu, Hunābatum. Rw: To Nidat-Sin. The Agent: Marduk lamassašu. P: Money/ yield of the field has not been paid to the Victim. The Agent's request of Rw: to pay the Victim according to their field.

AbB 7, 67 (CT 52 67) (obv.) 1 a-na dEN.ZU-i-qí-ša-am To Sin-iqīšam 2 qí-bí-ma say, 3. um-ma dMarduk- la-ma-sà-šu-ma thus (says) Marduk-lamassašu. 4. pe-li-e-re-sa Eli-erēssa 5. DUMU.MUNUS dEN.ZU-a-bu- the daughter of Sin-abušu šu 6. ki-a-am ú-lam-mi-da-an-ni thus has informed me. 7. um-ma ši-i<-ma> (lo. e) Thus she (said): 8. A.ŠÀ i-ri-iš-ma "he ploughed the field , and 9. GÚ.UN A.ŠÀ (rev.) the rent303 10. it-ba-al-li he took away.304" 11. a-nu-um-ma aš-tap-ra-ku Now I have written to you. 12. DUB-pí ki-ma a-ma-ri After examining my letter, 13. al-kam-ma LUKUR dUTU come here and pay the nadītu of Šamaš. 14. a-pu-ul-li 15. ú-ul ta-al-li-kam-ma (If) you will not come here, 16. n[a]-aq me-e (u.e.) they will leave me305 no water libation306 17. i-na bi-it-ka in your307 house. 18. ú-ul i-zi-bu-ni

The Victim: Eli-erēssa. Rw: Sin-iqīšam.

302 Probably by mistake instead of kum, See AbB 7, 59 n. 59d.* likrubakum. 303 See CAD B 234a, s.v., biltu: "rent payable to the lessor of a field." 304 Kraus trans.: "Er hat… weggeschaft", see AbB 7, 67. Also see CAD T 15f, s.v., tabālu: "to take away illegally or by force." 305 Should be izzibūninni = they will leave me. 306 See CAD N/1 337 s.v., naqû: "if you do not come (and pay the nadītu) they will leave no…. in your house"; "to pour out as a libation (water and other liquids)." Kraus writes: "Die Drohung dürfte besagen, dass alle Männer der Familie des Pächters weggeführt werden sollen." These rites are connected to offering and memorial of the dead, and thus crucial for a person, see RLA Vol. 7, s.v., Libation 1-7. 307 The Agent connects himself to the wrongdoer, as he states that they ( probably meaning the nadītu) will not leave him any water for libation in his (Rw) house. Either there is a mistake and it should have been "my house", or there is a connection between the Agent and the recipient; and if Rw will not pay the nadītu, she will punish the Agent, (as well as the recipient).

The Agent: Marduk-lamassašu. P: Rw did not pay her money he should have. The Agent's request of Rw: to pay the nadītu.

AbB 9, 198 (BIN 7 11) (obv.) 1. a-na dUTU—ha-si-ir qí-bí-ma To Šamaš-hāzir say, 2. um-ma mu-na-wi-rum-ma thus (says) Munawwirum. 3. dUTU ù dMarduk li-ba-al-li-ţú-ka May Šamaš and Marduk keep you in good health. 4. aš-šum A.ŠÀ dUTU—ma-gir a-bi Concerning the field of Šamaš-māgir, a-di—ma-ti—ì-lí father of Adi-mati-ilī 5. şú-ha-ri-ja a-wi-lum ki-ma IA-um my servant. Do you not know that the 6. ú-ul ti-de-e man is mine? 7. A.ŠÀ-am ša iš-tu MU.40.KAM i- Would you give his field, a field whose 8. ka-lu usufruct he has had for forty years, to 9. a-na ša ša-at-tam a-na il-ki-im somebody who showed up for ilku service i-li-a-am A.ŠÀ-šu ta-na-ad-di-in (only) this year? 10. na-tú-ú e-pé-šum an-nu-um ša te- Is this deed that you did proper?308 pu-šu (lo.e.) 11. ma-ti-ma a-na mi-im-ma ú-ul aš- Never have I written to you about pu-ra-kum (rev.) anything. 12. a-nu-um-ma dUTU—ma-gir aš-tap- Now, I write to you about Šamaš-māgir. ra-kum 13. A.ŠÀ-šu te-er-šum-ma Return his field to him 14. ù i-ša-ri-iš ap-la-aš-šu and give him what is just and 15. ţ [ú}-ur-da-aš-šu dispatch him here.

The Victim: Šamaš-māgir, father of Adi-mati-ilī. Rw: Šamaš-hāşir.309

Agent1: Adi-mati-ilī the Victim's son, and the servant of Agent2. 310 Agent2: Munawwirum. P: Rw wants to give a field whose usufruct the Victim has had for forty years, to somebody else. The Agent's request of Rw: to return the field to the Victim.

308 See CAD N/2 131, s.v., naţû: "is this action which you have taken seemly." 309 Šamaš-hāşir is a government official in the time of Hammurabi, placed in Larsa. He is responsible for giving out land as payment, to people who work for the government, See M. Y. Ishikida (1998) 67, and W.F. Leemans (1968) 109, who states that Sin-iddinam and Šamaš-hāzir are high civil officers. 310 See introduction in chapter 2 for the explanation of two Agents in one letter.

AbB 9, 236 (BIN 7 49) (obv.) 1. a-na ba-a-nu-um To Banum and Ilum-nāşir say, 2. ù DINGIR—na-şi-ir 3. qí-bí-ma 4. um-ma nu-úr—dEN.ZU-ma thus (says) Nūr-Sin. 5. a-na mi-ni-im Why 6. la ki-ti ta-aš-ku-n[a] did you make an untrue statement, 7. ù i-di wa-ar-di-ja and cause my servants to hand over their 8. tu-ša-di-na (rev.) wages? 9. wa-ar-du-ú-a My servants 10. ù al-pu-ú-a and my oxen 11. ú-ku-la-am should receive 12. li-im-hu-ru food; 13. ag-ru i-di-šu-nu hirelings should receive their wages.311 14. le-el-qú-ú 15. i-na i-di wa-ar |-di-ja I (will) convict you 312 16. le-qé-em of taking the wages of my servants. 17. ú-ka-an-ku-nu-ti | -ma (u. e.) 18. i-na qá-ta-ti-ku | -nu (le. e.) I will make you pay (them) from your 19. ú-ša-am-da-ad-ku-nu-ut (own) hands.313

The Victim: Nūr-Sin's Servant. Rw: Banum and Ilum-nāşir. The Agent: Nūr-Sin. P: The Victim's wages were taken by Rw. The Agent's request of Rw: to pay the Agent's servant their wages.

AbB 10, 1 (Fish letters 1)

(obv.) 1. a-na ša-pí-ir ma-tim To the provincial governor314

311 §268-277 in LH tell how much should be paid to hired work. 312 Stol translates: "If I convict you….". But there is no indication that an "If" should be there, neither in the Akkadian, nor in the content. On the contrary, the writer informs the addressee that he accuses him of taking the servants' wages and wants him to pay And see CAD I-J 18a, s.v., idū: "I shall establish that you took my slave’s hire, and make you make you measure ( it) out from your shares." 313 See CAD Q 196b, s.v.qātu: "(if I can prove that you (pl.) appropriates the wages of my slaves ) I will make you pay it from your own shares." 314 See CAD Š/2 456f, s.v., šapiru.

2. ša dMarduk ú-ba-al-li-ţú-šu whom Marduk keeps in good health 3. qí-bí-ma say, 4. um-ma DINGIR-ša6.ga-ma thus (says) Dingir-šaga. 5. dUTU ù dMarduk da-ri-iš May Šamaš and Marduk 6. li-ba-al-li-ţú-ka keep you in good health forever. 7. i-nu-ma dMarduk šu-um-ka iz-ku- When Marduk called your name, ru 8. ma-di-iš ah-du I rejoiced very much. 9. um-ma a-na-ku-ma Thus I (say), 10. a-wi-lum ša i-di-a-ni a man who knows me, 11. šu-um-šu it-ta-áz-ka-ar has been promoted!315 12. [ş]a-bi-a-ti-ia i-ip-pu-uš (lo. e) My wishes he will carry out! 13. pa-na-nu-um a-wi-lu-ú Previously men 14. ša la i-du-ni-in-ni (rev.) that did not know me, 15. a-ša-ap-pa-ar-šu-nu-ši-ma (when) I (would) write them and 16. şa-bi-a-ti-ia i-ip-pu-šu they (would) carry out my wishes. 17. aš-šum pdna-bi-um-ma-lik Concerning Nabium-mālik the lamentation GALA priest, 18. lú URU ha-bu-uzki a man from Habbuz, 19. ma-ah-ri-ia ki-a-am iš-ku-un (thus) he has laid before me. 20. um-ma šu-ú-ma Thus he (said): 21. a-na ba-ab-bi-lu-tim "no one ever made demands on me to do 22. ma-am-ma-an ú-ul iš-ši-a service as a bearer.316 23. i-na-an-na ša-pí-ir ma-tim Now the provincial governor 24. iš-pu-ra-am-ma ni-pa-ti-ia it-te- sent for me, and they took people as pú-u distress for me."317 25. a-wi-lum a-wi-il qá-ti-ia That man is under my command,318 26. ú-ul na-ka-ar (he is) no stranger. 27. 5 il-ki i-la-ak (u.e.) 5 ilkī-service he performs, 28. ù IGI.SÁ SANGA-tim ù GALA- and (annual) dues from the priesthood and tim lamentation- priesthood 29. i-ša-aq-qá-la he pays. 30. a-nu-um-ma DUB-pí Now I send you a letter. 31. uš-ta-bi-la-ak-kum (r.e) 32. šum-ma i-na ki-na-a-tim If you truly love me, 33. ta-ra-am-ma-an-ni 34. a-na bi-ti-šu ma-am-ma-an no one (should) lay a claim on his 35. la i-ša-ás-si household.319

The Victim: Nabium-mālik the lamentation priest. Rw: provincial governor.

315 Lit. :"his name was called". And see CAD Ş 42l, s.v., şabiātu. 316 See CAD B 91, s.v., babbilūtu. 317 See CAD N/2 172, s.v., nepû. 318 Lit. a man of my hand. 319 Lit. House. See CAD B 293, s.v., bītu.

The Agent: Dingir-šaga. P: Rw took people as distress from the Victim, even though he should not have. The Agent's request of Rw: the Victim should not be asked to do bearer-service.

AbB 10, 3 (Fish Letters 3) (obv.) 1. a-na gi-mil-li-ia To Gimillija 2. qí-bí-ma say, 3. um-ma pé-ru-ru-tum-ma thus (says) Pērurūtum. 4. dMarduk be-lí ù dşar-pa-ni-tum be- May Marduk my lord, and Şarpanītum el-ti my mistress 5. aš-šu-mi-ia da-ri-iš u4-mi on my behalf 6. li-ba-al-li-ţú-ka keep you forever in good health. 7. aš-šum bi-tim ša DUMU-dtaš-me- Concerning the house of Mār- t[u]m Tašmētum, 8 ša a-na SIPA ŠAH.HI.A ta-ad-di-nu which you gave to the swineherd. 9 bi-tum šu-ú That house 10 ú-u[l b]i-it AGA.UŠ (rev.) is not (the house) of a soldier.320 11. bi-it LÚ ÈŠ.NUN.NAki The house belongs to a man of Ešnuna. 12. wa-ar-ka-tam pu-ru-ús Investigate the circumstances (of the case). 13. pDUMU-dtaš-me-tum šu-ú That Mār-Tašmētum, 14. ú-ul na-ka-ra-am is not a stranger to me, 15. i[š]-ti-ni-i[š] tu-li-a-am together (from )the breast 16. ni-ku-ul we fed. 17. bi-tam ša DUMU-dTAŠ-me-[tum] That house of Mār-Tašmētum 18. ša a-na SIPA ŠAH.HI.A which to shepherd of the pigs 19. ta-ad-di-nu (ob. Rd.) you gave, 20. ana DUMU- dTAŠ-me-tum to Mār-Tašmētum 21. te-e-er return.

The Victim: Mār-Tašmētum. Rw: Gimillija. The Agent: Pērurūtum. P: The Victim's house was given to someone else. The Agent's request of Rw: to return the house to the Victim.

320Kraus writes that the house is probably: "(erblisches) Lehensland." And line 8: "Anscheinend Anspielung auf eine Verwaltungsregel, derzufolge Lehnsland von Soldaten andere Lehnstraeger ueberlassen worden war." See AbB 10, 3 note 3b and 3d. Also see Borger (2003) 364 .The rēdû (aga.uš)-soldier, received land for their service to the crown. This land was not theirs as if they bought it, but they benefited from its products. See BL 112ff. This land could be taken away from one person and given to another (see similar complaint in letter AbB 9, 198).

AbB 10, 13 (Fish Letters 13)321 (obv.) 1. a-na a-wi-lim ša dMarduk ú-ba-al-li- To the man who Marduk keeps in good ţú-šu health 2. qí-bí-ma say, 3. um-ma ia-an-ti-i[n]—e-ra-ah-ma thus (says) Jantin-Erah. d d 4. UTU ù Marduk da-ri-iš u4-mi May Šamaš and Marduk 5. li-ba-al-li-ţú-ka keep you in good health forever, 6. lu-ú ša-al-ma-ta may you be well. 7. lú ha-bu-uzki ki-a-am iq-bu-nim The people of Habbuz thus told me, 8. um-ma [š]u-[nu]-ma thus they (said): 9. a-na ERIM DUSU la il-[k]i-ni is-sú- "to corvee service, that is not our ilku- ni-a-ši-im-ma duty, (but) they called us and322 10. ú-da-ab-ba-bu-ni-a-ti harassed323 us." 11. ki-a-am iq-bu-nim Thus they (told) me. 12. [iš-tu] p[a-n]a324 a-na ERIM DUSU In the past, to that corvée service šu-a-tu 13. [ta-as-s]í-šu-nu-ši-im-ma (lo. e) you called on them. But 14. a-wa-ti-šu-nu šar-rum eš-me-[x] (rev.) the king heard their affair, (and) 15. ki-ma ERIM DUSU šu-ú la la-bi-ir-ta- that the corvee service is not their old šu-nu debt.325 16. i-na ÉNÍG.ŠID in-na-me-[e]r-ma At (the time) of the accounting326 it was seen, and 17. iš-tu i-nu-mi-[š]u a-na ERIM DUSU since that time, the king has given 18. šu-a-[t]u la du-ub-bu-ub-šu-nu šar- order not to harass them with that rum iq-bi corvee service327. 19. a-wa-tum ši-i i-na la i-di-im-ma Was this order given to you without 20. iq-qá-bi-a-ak-kum any reason?328 21. wa-ar-ka-tam pu-ru-ús-ma Investigate the circumstances of the case. 22. a-wi-lu-ú šu-nu la ud-da-ab-ba-bu-ma Those men should not harass them and

321 See AbB 10, 1 in this chapter for a similar complaint. 322 See CAD Š/2 156a, s.v., šasû: "they called us (up) to perform bearer service, which is not our ilku duty." 323 See CAD D 11f, s.v., dabābu, esp. p.12b top. 324 Kraus writes; uncertain, almost "freie ergaenzung." 325 CAD L 26a .s.v., labirtu: "(it was found in the document …..that this (corvée work of the) basket carrier is not an old obligation of theirs." 326 See CAD N/2 224f, s.v., nikkassu: "account, accounting, account records". Pehaps the account was cleared at an earlier time, and see CAD N/1 287, s.v., napāşu (5): "to clear accounts", with nikkassu as object. 327 See CAD D 12b, s.v.dabābu. 328 See CAD I-J 16 a, s.v., idu b.

23. la iš-ta-na-as-sú should not call on them.

The Victim: the people of Habbuz. Rw: name not given. The Agent: Jantin-Erah. P: The Victims are called to corvee service, even though it not their ilku- duty. The Agents request: the Agent asks Rw to investigate the case.

AbB 13, 125 (obv.) 1. a-na ì-íl—am-t[a-h]a-a[r] To Ilī-amtahar 2 qí-bí-ma say, 3. um-ma [l]i-p[í-i]t—dMAR.TU- thus (says) Lipit-Amuttum. ma 4. dUTU l[i]-ba-[a]l-li-iţka May Šamaš keep you in good health. 5. aš-šum pta-ri-bu Concerning Tarību 6. a-na ni-p[u-u]t pu-bar—Ištar the man (whom) you are holding in custody 7. a-w[i]-l[am] i-[n]a ş[i-b]i-it-tim as a pledge for Ubār-Ištar. 8. ta-ka-a[l]-l[a-a] 9. šum-ma a-wi-[l]u[m] š[u]-ú If this man 10. im-tu-ut dies, 11. pi-ha-at a-wi-lim329 will they not hold you responsible for this 12. ša-a-ti i-na mu-u[h-hi-ka] man? 13. ú-ul i-ša-ak-ka[a] |-nu (rev.) 14. a-wi-lum šu-ú This man 15. šà KASKAL-na-tim ša belongs to the service unit from Dimat- AN.ZA.G[ÀR—LU]GAL šarrim. 16. a-wi-lum ša-a-ti Set this man free and 17. šu-şi-a-aš-šu-ú-ma 18. a-na şe-ri-ia š[u-ri-a-aš-šu] send him to me.

The Victim: Tarību. Rw: Ilī-amtahar. The Agent: Lipit-Amuttum. P: the Victim is being held in custody. The Agent's request: to set the Victim free.

329 Lim is written over an erasure of Ú.

Chapter 2 The Agent writes to the Recipient-helper (Rh)

The current chapter contains an examination of letters written by an Agent to a Recipient330 tagged Rh (Recipient-helper). Rh is a person of authority. As explained above,331 a person of authority is one who is in a position to help the wronged person directly by providing him with a solution to his problem. The majority of the letters in this chapter follow the schema described in the Introduction to the Agent: the Agent writes a letter on behalf of the Victim to the Recipient-helper. In some of the letters, however, the schema undergoes a slight variation, as discussed below. The basic model of communication, as shown in the previous chapter, is based on three main figures. 1. The Victim, a wronged person who has suffered an injustice and seeks help to redress it. 2. The Agent, a middleman who intercedes on the Victim's behalf. 3. The recipient of the letter, the wrongdoer332 or a person of authority.333 We shall see that in some letters the schema varies, and an additional Agent appears between the Victim and the Recipient, changing the usual three-actor scheme of Victim-Agent-Recipient to a chain of four actors: Victim-Agent-Agent-Recipient. If a letter includes two Agents, the one approached by the Victim is labeled

Agent1 and the one approaching the Rh is labeled Agent2.

330 Except for AbB 7, 186 and AbB 9, 38, will be discussed below. 331 See Introduction § 9. 332 In chapter 1. 333 In chapters 2 and 3.

Model with variation The victim P The Victim has a Problem.

The Victim approaches Agent1.

The Agent1

Agent1 approaches Agent2 with the Victims' problem.

The Agent2

Agent2 approaches the Recipient asking him to help the Victim.

Recipient (Rw, Rh, Rj)

The letters of the two Agents are written from different perspectives:

1. Agent2 writes to Rh (AbB 1, 58)

2. Agent1 writes to Agent2 (AbB 7, 186, AbB 9, 38)

Agent2 writes to Rh 334 In AbB 1, 58 the Victim works under the overseer of the boatmen (Agent1).

The overseer of the boatmen (Agent1) describes the Victim’s problem to Agent2 (l.

17). Next, Agent2, the writer of this letter, turns to Rh and asks him to investigate the case.

Agent1 writes to Agent2 In AbB 7, 186 the Victim is involved in a lawsuit with his brother. The writer of the letter is Agent1, who asks the recipient of this letter, Agent2, to turn to the SANGA335 (chief administrator of the temple) on the Victim's behalf336 asking the SANGA to reject the lawsuit of the Victim's brother, and in this way help the Victim.

Agent1 further asks Agent2 to stand by the Victim and assist him in his lawsuit (l. 17). In AbB 9, 38 the Victim has some type of dealing with the court.337 The writer of this letter, Agent1, asks Agent2: "Stand up for him, in the countryside in (dealing

334 The carpenter Nūpatum. 335 The SANGA being the person of authority who can provide the Victim with a solution. 336 The SANGA here represents the person of authority who can provide the Victim with a solution by rejecting the lawsuit of the Victim's brother. 337 He seems to be involved in a lawsuit, l. 22-24.

with) the harm done to him" (l. 11-12). "Stand up for him before the judges and return his dates to him, as if they were in your own interest, and he shall not be harmed" (l.22-24). From the context it appears that the Victim is involved in a lawsuit where he must appear before the court and stand before the judges. The recipient in this letter (Agent2) is asked to assist the Victim in front of the judges. He is not asked to act against the Wrongdoer or investigate and take action, but to help the Victim in his dealings with the judges.

Both Agents (Agent1 and Agent2) are interested in providing the Victim with the help he needs to correct the injustice he suffered. Both types of letters, those written by Agent1 to Agent2 and those written by Agent2 to Rh are within the same model of communication (with a variation) and provide information about the Victim's choices for help and about the method used by the Agent. Whether the communication involves one Agent or more, the Agent's relationships with the Victim and the arguments he uses are examined according to the questions described in the Introduction to the Agent and in the previous chapter.

Furthermore, we examine the relationship between Agent1 and Agent2 whenever possible.

II.2. The relationship between the Agent and the Victim II.2.1. The personal Agent As in the previous chapter, the personal Agent is characterized by the fact that he states his connections / relationship with the Victim.

II.2.1.1. Family In AbB 10, 149 the Agent states that the house that has been taken from the Victim is actually his: "aš-šum bi-it mu-bar—dzu.x bi-tum šu-ú IA-ú-um a-ha-ti i-na li- bi-šu wa-aš-ba-[at]", “Concerning the house of Ubar-Zu-x, that house is mine, my sister lives in it” (l.5-6). It is possible that Ubar-Zu-x (the Victim) is his brother in- law, married to his sister.

II.2.1.2. Acquaintance In AbB 9, 38 the Agent informs Rh that he knows the Victims who are not strangers to him: "şú-ha-ru-ú šu-nu ú-ul na-ka-ru [š]a a-ha-ti-šu ša a-wi- lim[DINGIR-š]u- ib-ni-šu GÌR.NITÁ"; "Those servants are no strangers (since they are servants) of the honorable Ilšu-ibnišu, the governor's sister” (l. 13-15).338 Here the Agent and the Victims are in acquaintance of some type. In AbB 7, 78 the Agent writes to Rh concerning the Victim, and then adds: "aš-šum a-wa-a-tim ša DUMU.MEŠ SIG-da-nu-ni-tum ša ti-du-ú," "concerning the case of the sons of Ipqu-Anunītum that you know" (l. 5-7). The Agent does not state his relationship to the Victim, but reminds Rh that he knows the Victim. It is not possible to determine the type of association between the Victim and Rh (family, friend, or acquaintance), but the Agent states this fact in order to strengthen the chances that Rh will fulfill his request to help the Victim. Because the Agent makes use of personal information (the fact that Rh knows the Victim), it is likely that he knows the Victim on a personal level as well.

II.2.2. The employer Agent II.2.2.1. The Victim works for the Agent or is under his command 339 p In AbB 1, 58 the Victim is under the command of Agent1: " nu-pa-tum NAGAR šà TUR DIŠ.MEŠ um-me-ni NÍG.šu še-ep— dEN.ZU li-tum KI.TA a-na MÁ.NI.DUB ša qá-ti-ia na-a[d-nam]", "the carpenter Nūpatum (the Victim), from among the craftsmen under Šēp-Sin (from) the lower region, is assigned to the cargo boat under my command (Agent1)" (l. 8-12). In AbB 10, 151 the Agent informs Rh that the Victim who has been harassed by the mayor is possibly under his command, "ša qá-ti-n[i] i-na ha-bu-uzki wa-ši-ib- ma", "(who) is in our hands dwells in Habbuz"340 (l. 6-7). "In our hands" could mean

338 For same expression see AbB 10, 3: "PN ú-ul na-ka-ra-am: PN is not a stranger to me,” ( l. 14). 339 Agent1 in this letter is Imgur-Ninurta, the overseer of the boatmen (l. 5), and Agent2 is Januh-samar, the writer of the letter. 340 Kraus translates: "tut in Habbuz dienst." See AbB p.135. It seem that the reason he dwells in that place is that he is assigned to do service there. See l. 13.

that the Victim is under the authority of the Agent or under the command of the writer.341 In AbB 11, 32 the Agent informs Rh that the Victim worked under his authority: "i-na UD.KIB.NUNki ma-ah-ri-ja SALUŠ.BAR.MEŠ i-ša-ap-pa-ar ù a-na bi-tim ma-di-iš qé-ru-ub", "That Abijatum (the Victim) supervises the female weavers in Sippar, under my authority, and he is very close to the ‘house’" (l. 9-11). Here the Agent not only states his relationship to the Victim ("under my authority") but also adds that the Victim is very close to the house. He does not mention which house exactly, but it is probably the palace or the temple.342

II.2.3. The impersonal Agent In the largest group of letters,343 the Agent does not state any relationsip to the Victim. He describes the problem or points out the injustice, and asks for a solution to the Victim’s problem. The letters belonging into this category are described briefly below. In AbB 4, 73 someone took away the Victim's field despite the fact that he had enjoyed the usufruct of that field for 40 years. The Agent asks Rh to investigate the case so that the Victim is not wronged.344 In AbB 7, 186 the Victim has some legal problems with his brothers. The letter is written by Agent1 who asks Agent2 to help the Victim by approaching the chief administrator of the temple (the SANGAof Anunītum) and to assist the Victim in his lawsuit (l. 16.-17). In AbB 11, 7 the Victim's ox died while it was moved from one place to the other. The ox-driver and the Victim approach a person of authority345 for a judgment in the case. After questioning all participants, this person of authority decides to send them to the judges of Nippur for a verdict. The Victim receives a verdict with which

341 See also CAD Q 190, s.v., qātu: "authority, jurisdiction, referring to a person, workmen (6b'). "awīlû ul ša qá-ti-ka," "are the men not under your jurisdiction?" 342 See CAD B 282ff, s.v., bītu: "house, shelter, temple, palace." 343 AbB 4, 73; AbB 7, 78; AbB 7, 186; AbB 11, 7; AbB 11, 90; AbB 11, 119; AbB 12, 22; AbB14, 190. 344 This letter is very similar in content to letter AbB 9. 198. Both letters are addressed to Šamaš-hāzir, and both letters mention the victim’s field, which was in his use for 40 years and has been taken away and given to someone else. 345 Here a person who functions in the role of a judge.

he is unhappy. The person of authority then acts as Agent and writes to Rh asking him to investigate the case so that the Victim is not wronged. In AbB 11, 90 the brother of the deceased Sin- rēmēni made an illegitimate claim to his house, and his family, despite the fact that the family had documents sealed by the high priest of Šamaš, a high priest of Aja, and Rh to prove that they have title to the house. The Agent asks Rh to summon the Victim's brother to swear an oath that he will make no more illegitimate claims on the house. In AbB 11, 119 the Victim has ransomed a slave girl who had been sold by him and his brother ten years ago. The Victim's brother, however, took the girl elsewhere. The Agent informs Rh that the Victim is on his way to see him and requests that Rh hear what he has to say and examine his document, then act against the Victim's brother. In AbB 12, 22 the Agent asks Rh to stand up for the Victim, so that no one will harass him (the problem is not mentioned). In AbB 14, 190 the Agent asks Rh to investigate a complaint of a nadītu that a certain gentleman does not give her anything, and that he has laid a hand on her in an improper way. In the impersonal Agent group of letters there is one from which we can learn about the type of position an impersonal Agent may have held. In AbB 11, 7 the Victim's ox dies and he blames his ox-driver for it. Both the Victim and the ox-driver go to a person of authority (Sin-puţram) to litigate. The person of authority refuses to hear them, and sends them to judges in Nippur. But the Victim is unhappy with the judgment he received, and returns to the person of authority (Sin-puţram) and asks him to help him deal with the judges in Nippur. The first time the Victim approaches Sin-puţram, it is not to receive help in dealing with the Wrongdoer or with a person of authority, but rather to be judged. Only later, after the Victim receives an unfavorable verdict, does he return to Sin- puţram, who then becomes the Victim's Agent. In his new position of Agent (not judge), Sin-puţram intercedes for the Victim with the judges of Nippur and asks them to investigate the Victim's case. The Victim may not have been personally acquainted with Sin-puţram, who may have been one of the people who judged. But after Sin-puţram referred the case to other judges and the Victim returned, dissatisfied, to him, he may have felt 77

responsible or may have agreed with the Victim’s position and therefore decided to intercede on his behalf and write to the judges.346 Similar to the letters in chapter 1, about half of the Agents are personal Agent (six out of thirteen), while seven are impersonal Agents, who do not mention their connection to the Victims.

The following table and diagram show the number of letters written by personal and impersonal Agents. Chapter 2 The relationship between Total the Victim and the Agent number of letters (13)

Personal Family AbB 10, 149 1 6 Agent Friend, acquaintance, AbB 9, 38; AbB 7, 78, 2 business partner Employer AbB 1, 58; AbB 10, 151 3 AbB 11, 32 Impersonal AbB 4, 73; AbB 7, 186; 7 7 Agent AbB 11, 7; AbB 11, 90; AbB 11, 119; AbB 12, 22; AbB 14, 190 Table 2: Division between the personal and impersonal Agents in Chapter 2

II.3. The information the Agent provides to the Rh in order to help the Victim As in the previous chapter, here too the Agent provides Rh with information about the Victim's property, status, and other information that may be helpful.

II.3.1. Clarifying the status of the Victim’s of property In AbB 10, 149347 the Agent informs Rh that the house of the Victim, on account of which he sustained losses,348 is actually his, namely it belongs to the Agent, and his sister lives in it: "aš-šum bi-it mu-bar—dzu.x bi-tum šu-ú IA-ú-um a-ha-

346 For a further discussion of this type of impersonal Agent see Chapter 5. 347 The Victim may be the brother in law of the Victim, see above under paragraph 2. 348 The house may have been taken away from him.

ti i-na li-bi-šu wa-aš-ba-[at]", "Concerning the house of Ubar-Zu-x, that house is mine, my sister is living in it" (5-7). It is not stated what exactly has happened to the house that caused the Victim's losses. The Agent clarifies the status or the property in question in order to persuade Rh to help the Victim. In AbB 4, 73 a field has been taken from the Victim, which he has been using for over 40 years: "aššum A.ŠÀ-lam ša pa-hu-um-wa-qar ki-a-am ti-du-ú iš-tu MU.40.KAM A.ŠÀ-lam i-ka-al", "Concerning the field of Ahum-waqar (the Victim) as you know, for 40 years he has had the usufruct of the field" (l. 5-7).349 The Agent informs Rh about the long use of the field ("40 years" may idiomatically mean a lifetime).350 In AbB 11, 119 the Agent informs Rh that the Victim has documents to prove his ownership of the slave girl he had ransomed over ten years ago, which his brothers took from him unjustly: "S[AG.G]EME šu-a-ti it-ti DAM.GÁR a-na-ku ap-ţú-u[r-š]i- m[a] ka-ni-ik-ša na-ši-[a-ku]", "I myself ransomed that slave girl from the merchant and I am carrying (with me) the sealed document about her" (l. 7-9).

II.3.2. Providing information about the Victim's performance of service to the crown In AbB 4, 73 a field was taken from the Victim. The Agent explains to Rh that the Victim has been serving in the king’s body guard: "ù i-na-an-na I KASKAL i-na KA.KEŠDA LUGAL i-il-la-ak", "now he is doing one period of service in the king's body guard" (l. 8-9). In AbB 10, 151 the Victim is being harassed by the mayor. The Agent informs Rh that the Victim constantly performs his ilku-service, providing information about the Victim's good 'citizenship': "a-wi-lam ša ú-ka-aš-šu-ma i-li-ik-šu it-ta-na-aš-šu", "The man (the Victim), who made a profit, and constantly performs his ilku-service" (l. 11-14).

349 See AbB 9, 198, l. 7-9 for the same expression. 350 The wide understanding is that people lived between 30-40 years, sometimes longer, e.g. the nadītu women, see R. Harris (2000) 7 and 52f. However there are a many people who reached extreme old age, and several Kings had long reigns, see M. Stol (1995) 487.

II.4. The manner in which the Agent approaches Rh

II.4.1. The Agent criticizes Rh In AbB 10, 151 the Victim is being harassed by the mayor of the town, and the Agent criticizes Rh by reminding him that he already written to him twice before, and his requests were not answered: "ù ši-ni-šu aš-pu-ra-am-ma wa-ar-ka-sú ú-ul tap-ru- ús", "and twice I sent you (words) (but) you did not investigate his case” (l. 9-10). In AbB 9, 38 the Victim's dates were taken from him. The Agent criticizes and warns Rh not to neglect his wishes: "a-na a-wa-tim ša [aš-pur]-ak-kum tu-[u]š-t[a]-x [(x) x x] ni ma li-ib-[bi la i-ma-ar]-ra-şa-ak-kum [……i]r DUB-pí-ja", "You have been neglectful of me in the things about which I had written to you. I must not get angry with you… answer my tablet” (l. 26-29).

II.4.2. Personal favor In AbB 10, 149 the Victim's house has been taken from him and the Agent, who may be his brother-in-law,351 asks Rh to help the Victim, to stand by him, and speak to whoever is necessary. A personal note is present in the way in which Agent asks Rh to intercede, as if Rh were the Agent: "i-zi-iz-ma ki-ma i[a-at]i du-bu-ub" “Stand by (him - Ubar-Zu-x) and speak as if (you are) me" (l. 11-12). As the Agent and the Victim may be brothers-in-law, the Agent expects Rh to address the problem with the commitment and motivation he would show to his own family. In AbB 11, 32 some barley has been taken from the Victim. The Agent, who knows the Victim (work-related) asks Rh to intercede with the Victim's wrongdoer for his (the Agent's) sake: "aš-šu-mi-ja a-na sà-ki-pí-šu i-zi-iz", "Stand up against his opponent for my sake!" (l. 20-21). The Agent and Rh must have known each other closely, otherwise the Agent could not write "for my sake." Rh had to show favor to the Agent in order to comply with his request. Therefore, to make sure Rh will help the Victim, the Agent makes the request a personal one: Rh should help the Victim because he knows the Agent.

351 See § II. 2.1.1.

II.4.3. The Agent flatters Rh In AbB 14, 190 the Agent flatters Rh and appeals to his kindness and fairness. After explaining the Victim's situation, the Agent writes: "ù šum-ma-an la ka-a-ti a- wi-il-tum ši-i ih-ta-li-iq-ma", "Indeed, had it not been for you, that lady would have perished!" (l. 13-15). The Agent stresses the importance of the involvement of Rh in the affair and in examining the matter, for the Victim's sake. In AbB 11, 90 the type of injustice is not mentioned, only the presence of the Victim's complaint and the fact that he has a sealed document (by high officials and by Rh) to prove his rights. Nevertheless, the Victim's brothers harm his family after his death. The Agent asks Rh to speak against the wrongdoers, and adds: "ša ku-nu-uk SANGA dUTU SANGA da-a ù ku-nu-uk-ka-at-ku-nu ba-aq-ra ku-nu-uk ma-an-ni-in- ma im-ma-ah-ha-ar", "If the seal of the high priest of Šamaš, a high priest of Aja, and your seals are being contested, whose seal will (ever) be acceptable?" (l, 27-29), stressing the high position that Rh holds and implying further that contesting his seal is a challenge to the existing social and legal norms.

II.5. The Agent's request from Rh In the previous chapter, the Agent's request depended on the harm perpetrated against the Victim.352 In the present chapter, the Agent asks Rh to help the Victim by examining the case, standing by the Victim, or speaking against the wrongdoer. The requests are discussed according to the terminology typifying them.

II. 5.1. warkatum parāsum The term warkatum parāsum353 is defined in the CAD354 as follows: (a) “to investigate (a judicial or political matter)”; (b) “to take care of (a person or a situation)”. 355 Some of the letters discussed in these chapters are cited in the CAD

352 E.g., if the Victim's field was taken the Agent asked Rw to return it. 353 The term warkatum parāsum is used in 5 letters in this chapter: AbB 1, 58; AbB 4, 73; AbB 10, 151; AbB 11, and 7; AbB 14, 190. 354 See CAD P 173f, s.v., parāsu, and ibid 178. Also see CAD A/2 277b, s.v., warkatu: "circumstances (of a case) with parāsum to investigate the circumstances of a case or an incident." 355 In general, the outcome is the same: the Agent asks Rh to help the Victim. This help can be provided by either investigating the circumstances (of a case), or by taking care of the Victim. It is

under the meaning "to investigate" (AbB 1, 58; AbB 14, 190), while others under the meaning “to take care of” (AbB 11, 7; AbB 4, 73). In the context of the present chapter I chose to translate all letters cited here as "investigate.", as is certainly possible. The term warkatum parāsum is used in other sources as well, providing a closer look at to whom some of these requests may have been addressed (the people who may have been in the position of Rh). In LH §168356 and §172357 we find: "dajānū warkassa iparrasuma", "the judges shall investigate her case."358 In a letter about an injustice suffered by a nadītu woman, the following lines appear twice: "wa- ar-ka-at a-wi-le-e šu-nu-ti DI.KUD.MEŠ i-na É dUTU li-ip-ru-su-ma", "may the judges in the temple of Šamaš investigate the case of those men" (l. 8-9 and 6'-7').359 Further references to officials investigating a problematic matter are given in LH § 142: "warkassa ina bābtiša ipparrasma", "her circumstances shall be investigated by the authorities of the city quarter,"360 and in LH §18: "ana ekallim ireddīšu warkassu ipparrasma", "he shall lead him off to the palace, his circumstances shall be investigated."361 In all the references cited above, the text also provides further instructions to those who investigated the case on how to solve the problem under certain circumstances. In AbB 4, 134 the Agent writes to Šamaš-hāzir, the land magistrate in the Larsa area working for Hammurabi: "wa-ar-ka-at hi-ib-le-ti-šu pu-ru-us-ma", "The circumstances of his damages investigate!" (l. 17-18).362 In AbB 7, 51 the Victim states that last year: "ki-ma mu-uš-ke-ne-e-ku i-na É dUT[U] ar-ka-ti ip-pa-ri-is-[m]a", "Because I am a ‘muškēnu’ in the Šamaš temple the decision concerning me was made" (l. 10-11).363 questionable why the CAD divided the sources as it did, given that from the point of view of the content all the letters could have been classified either under “investigate” or under “take care of.” For further discussion, see A. Walther (1917) 220f. A. L.Oppenheim (1954), 142, states that warkatum parāsum "does not always mean to investigate (a person or object in order to report on it," but that it can also mean to take care of someone. Landsberger agrees, see B. Landsberger (1955) 126, n. 25. 356 The text continues with the resolution of the investigation; if so and so, then the so and so. 357 The text continues to state that the judges shall impose a penalty. 358 See Roth (1995) 113-114. 359 See AbB 1, 115. p. 86. And if those men belong to the nadītu they should be returned. 360 See Roth (1995) 108, and see CAD P 178, s.v., parāsu. 361 See Roth (1995) 84. 362 See Letters in Chapter 1.

These citations show that people could approach a person of authority (judges, high temple/administrative officials) and ask them to investigate "warkatum parāsum" the circumstance of a problem. But the investigation was only the first step toward achieving justice for the Victim. According to the outcome of Rh's investigation, he had the ability to act in a way that would bring justice to the Victim. In some of the letters, another request is made after "investigate the case:" "Investigate his case and have justice done for him"364 (AbB 1, 58); "Investigate his case (so that) he will not be wronged"365 ( AbB 4, 73; AbB 11, 7); "Investigate the matter, and by Zababa who grants you life take action366" (AbB 14, 190); "(but) you did not investigate his case.367 Be furious (12) at Išum-abī the mayor"368 (AbB 10, 151). Thus, when the Agent asks Rh (a person of authority) to warkatum parāsum, Rh is requested to investigate the case according to the information given to him,369 and, based on the results of the investigation, to provide justice and a solution for the Victim.

II.5.2. izuzzu - uzuzzu In five letters370 the Agent asks Rh to stand by/assist (izuzzu) the Victim in some way. Von Soden divides the translated verb uzzuzu/izuzzu into two main categories: (1) stehen and (2) hintreten.371 Under paragraph 7 he writes: for izuzzu with ana:372 (a) einstehen für (take responsibility for/vouch for)

363 See CAD P 178a, s.v., parāsu: "that I am not liable for service was established for me in the Šamaš temple." 364 šu-te-še-er-šu; see also letter AbB 7, 78, l. 15: "šu-te-še-er-šu-nu-ti." 365 la ih-ha-ab-ba-al. 366 e- pu-[u]š. 367 The Agent complains that he twice sent Rh a request but Rh did not investigate the case, which means that in his earlier letters he had asked Rh to investigate the case. 368 a-na di-šum-abi ra-bi-a-nu-um KI (rev.) e-zi-iz-ma. 369 Clearly not all information, if any, is given in the letters. Whereas in some letters featuring warkatum parāsum the problem is described (AbB 4, 73; AbB 10, 151; AbB 11, 7; AbB 14, 190), in others it is not (AbB 1, 58). More information would have to be obtained during the investigation. 370 AbB 7, 186; AbB 9, 38; AbB 10, 149; AbB 11, 32; AbB 12, 22. 371 See AHw 408f., s.v., izuzzu. 372 AHw, 409b.

(b) bei stehe (to stand by). In paragraph II 5, he translates: "izuzzu with ana (a) zur hielfe stehen” (to help, to stand by).373 The CAD, s.v. uzzuzu,374 under paragraph 5 translates: "to stand by someone, to help, support, welcome, to side with, ally."375 As the verb uzzuzu in the context of the letters can have more than one correct translation (assist him, support him, stand by him), the important question is the nature of the request. By using uzzuzu the Agent requests that Rh assist/support/stand by the Victim in dealing with those who harmed him.

In two letters written by Agent1 to Agent2 (not to Rh), Agent1 requests that

Agent2 assist the Victim in dealing with the person of authority or in approaching him.

In AbB 7, 186, Agent1 asks the recipient of the letter (Agent2) to approach the sanga376 of Anunītum (the person of authority) on the Victim's account and help the Victim by rejecting his brothers in their lawsuit: "a-na da-ba-bi-šu i-zi-iz an-ni-tam aq-bi-kum a-na a-hi-ti-šu iz-iz-su re-eš da-ba-bi-šu ki-[i]-il", "Stand by (him) in his lawsuit. This I told you. Stand at his side, assist him in his lawsuit" (l. 14-17). In AbB 9, 38 the Victim's dates were unjustly taken from him by his brother.

First Agent1 asks Agent2 to: "i-na li-ib-bu ma-tim a-na hi-bi-il-ti-šu i-zi-iz-zu", "Stand up for him in the countryside in (dealing with) the harm done to him" (l. 11-12), and later adds: "ma-har DI.KUD.MEŠ i-zi-iz-zu-ma ki-ma ša ra-ma-ni-ka-[ma] ZÚ.LUM- šu te-er-[šu]ma", "to Stand up for him/assist him before the judges (the person of authority) and return his dates to him, as if it were in your own interest" (l. 22-24). In AbB 11, 32 the Agent asks Rh to approach the party who wronged the Victim, the land registrar of the Victim's field, so he would not touch the Victim's

373 AHw, 410. See also A Concise Dictionary of Akkadian p. 138, s.v., izuzzum: "go to assistance of (=ana, dat.)." 374 The CAD provides a much wider range of possibilities of translation; see also CAD U-W 373ff, s.v., uzzuzu. There are 31 sub-paragraphs. 375 See CAD U-W 379f, s.v., uzzuzu. The first text examples provided are of gods helping people, then of people helping other people in some way. Only one of the letters in this chapter is cited: AbB 11, 32, under 5b-2'. 376 See Borger (2003) p. 340: "Priester," CAD Š/1 377, s.v., šangû: "chief administrator of a temple," see also Harris (1975) 178f.

barley. Then he continues and writes: "aš-šu-mi-ja a-na sà-ki-pí-šu i-zi-iz", "Assist him against his opponent for my sake!377 (l. 20-21). In AbB 10, 149 and AbB 12, 22 it is not clear from the context whether the quest for uzzuzu by the Agent involves Rh turning to a higher authority or whether he is in a position to solve the Victim's problem himself. In both letters the Agent requests that Rh assist/stand by the Victim and in this way help him.

II.5.3. ina muhhi šasû CAD378 translates the term ina muhhi šasû as: “to address someone” with eli, ina muhhi "with the connotation of severity, threat." In both letters, AbB 11, 90 and AbB 11, 119, the Agent asks Rh, a person of authority, to address the wrongdoer by speaking firmly/threatening to him. AbB 11, 90 the Agent asks of Rh to: "pib-ni— dIŠKUR šu-a-ti li-qé-er-ri-bu-ni-ik-kum i-na mu-úh-hi-šu ši-si", "Let them bring to you Ibni-Adad; speak firmly to him!" (l. 30-32). In AbB 11, 119 the Agent asks Rh to hear what the Victim has to say and look into his documents, then: "i-na mu-úh-hi ma-ha-ad-d[u-um] li-is-s[i]-ma] SAG.GEME li-te-er-ru-n[i-šum]", "speak firmly to Muhaddûm so that they will give him back the slave girl" (l. 21-23).

II.5.4. šutēšuru CAD defines the verb šutēšuru as: "to provide justice."379 In two letters in this chapter the Agent asks Rh to help the Victim and have justice done for him. In AbB 1, 58 the Agent asks Rh to: "wa-ar-ka-az-zu pu-ru-ús-ma šu-te-še-er- šu", "Investigate his case and have justice done for him" (l. 19-20). In AbB 7, 78 the Agent asks Rh to: "a-wa-a-ti-šu-nu a-mu-ur-ma šu-te-še-er- šu-nu-ti", "Examine their case and have justice done for them" (l. 13-15).

377 See CAD S 73a, s.v., sakāpu: "his barley must not be touched, for my sake take action against anyone who might attempt to evict (?) him." 378 CAD Š/2 153, 3b-2', s.v., šasû. 379 See CAD E 361b, šutēšuru: "to provide justice, to see justice is done." See also A. Watlher (1917) 88f; BL 21, n. 5.; B. Landsberger (1939) 221: "šutēšuru; das Recht herstellen."

In neither of the letters is the request for šutēšuru the central request, but rather supplementary to the main one, which is to investigate or examine the case and by doing so achieve justice for the Victim.

II.5.5. ezēzu CAD defines ezēzu as: "to be furious, to be fierce."380 In AbB 10, 151 the Agent complains to Rh that he has written him twice, but Rh did not investigate the Victim's case. The Agent then asks him: "a-na di-šum-abi ra-bi-a-nu-um KI e-zi-iz-ma," "Be furious at Išum-abī the mayor (the wrongdoer)" (l. 11-12). From the Agent's complaint ("you did not investigate") it is possible to infer that the Agent’s original request was for Rh to investigate the case, which has not happened. The Agent goes one step further in this letter, asking Rh to talk to the wrongdoer in such a way ("be furious") that he stops harassing the Victim.

Chapter 2: Summary Most of the Victim's choices for acquiring help are the same as in the previous chapter. The Victim can turn to his acquaintances for help, to people he knows from work (lord, employer), or to someone who is indirectly responsible for him (e.g., overseer of the nadītu). Yet another source for help is the family. A wronged person can also turn to his family to intercede on his behalf. We have been able to identify a specific type of impersonal Agent who is first approached by the Victim in the role of a person of authority (in the sense that he is in a position to provide the Victim with a solution to the injustice he suffered). But instead of providing the Victim with the solution, the impersonal Agent refers him to another person of authority. When later the Victim is dissatisfied with the solution (judgment) he obtains, he returns to the initial person of authority for help. This time the person of authority acts as an Agent and intercedes on the Victim's behalf. We found similarities and differences in the methods employed by the Agents in this chapter and the previous one. Less information, in comparison to the previous chapter, is provided about the Victim or his property, but more information about the

380 See CAD E 427, s.v., ezēzu: "to become furious, fierce."

injustice that the Victim has suffered. Less expressions of criticism, threats, or warnings are used. This is understandable in light of the fact that the Agent wants to persuade the Recipient to help the Victim by making him aware of Victim’s suffering, and evoking Rh’s sympathy and willingness to help. 381In four letters the Agent uses a soothing tone as he twice approaches the Recipient on a note of personal favor, and twice flatters the Recipient. One of the letters provides additional information about the Agent. In AbB 11, 90 the Agent informs Rh that he has examined a complaint and had a contract drawn up for them.382 To examine the Victim's complaint, the Agent must be in a position to understand the situation (the legal rights of each). Only then can he draw up the contract, which then is sealed by further authorities,383 including the Rh of this letter.384 The Agent of this letter must be in a position in which he can not only have contracts drawn up but is also capable of examining and understanding them. The variations in the communication schema described at the beginning of the chapter concerning the relevant letters have resulted in yet another type of Agent. In this category, a wronged person turns to the Agent for help but the Agent, instead of approaching directly a person of authority, turns to another Agent asking him to intercede on the Victim's behalf. We cannot determine why the first Agent did not directly approach a person of authority, but perhaps the first Agent did not have the proper connection to the right person of authority who could be helpful to the Victim. Therefore he turns to the next Agent, who he thinks is in a position to approach the right person of authority.

381 See Table 7 and Table 9. 382 "aš-šum di-ib-ba-at dEN.ZU—re-me-ni ù ib-ni—dIŠKUR a-hi-šu ša i-na GN a-mu-ru-ma ka-ni-ik ri- ik-sa-tim ú-še-zi-bu-šu-nu-ti," "Concerning the complaints of Sin-rēmēni and Ibni-Adad his ‘brother,’ that I examined in GN, and about which I had a sealed contract drawn up for them" (l. 13-17). 383 It seems that it is the Agent who has the contract drawn up, after examining the matter (l. 15-17), after which the contract is signed by the high priests and by Rh (l. 18-20). 384 The Agent may have been employed by Rh or worked in his close surroundings.

Appendix 2- Texts to Chapter 2

AbB 1, 58 (CT 43 58) (obv.) 1. a-na dEN.ZU—i-din-na[m] To Sin-iddinam 2. qí-bí-ma say, 3. um-ma ia-nu—sa-mar-ma thus (says) Januh-samar. 4. dUTU ù dMarduk li-ba-al-l[i-ţú-k]a May Šamaš and Marduk keep you in good health. 5. pim-gur— dNIN.URTA UGULA Imgur-Ninurta the overseer of the MÁ.DU.DU boatmen 385 6. ki-a-am iq-bi-a-am said to me, 7. um-ma šu-ma thus he (said): 8. pnu-pa-tum NAGAR "the carpenter Nūpatum, 9. šà TUR DIŠ.MEŠ um-me-ni from among the craftsmen under 10. NÍG.ŠU še-ep— dEN.ZU Šēp-Sin li-tum KI.TA (lo.e) (from) the lower region,386 11. a-na MÁ.NI.DUB is assigned to the cargo boat under my 12. ša qá-ti-ia na-a[d-nam] (rev.) command.387 13. x aš-šum i BU [XXXX] Concerning… 14. xx[x]x[xxxx] 15. px x x x x x x x 16. bu-uq-qú-ur-šu a claim is raised against him."388 17. ki-a-am iq-bi-a-am Thus he told me. 18. a-nu-um-ma aţ-tar-da-ku-uš-šu Now I am sending him to you. 19. wa-ar-ka-az-zu pu-ru-ús-ma Investigate his case and 20. šu-te-še-er-šu have justice done for him.389

The Victim: the carpenter Nūpatum. Rh: Sin-iddinam.

The Agent1: Imgur-Ninurta the overseer of the boatmen.

The Agent2: Januh-samar. P: a claim was raised on the Victim. The Agent's request to Rh: to investigate his case and have justice done for him.

385 See CAD M/1 152, s.v., malāhu: "PN the overseer of the boatmen said to me"; "PN2 the carpenter, is assigned to the cargo boat under my command." 386 See CAD L 151, s.v., lētu: "nearby region"; "the carpenter PN from among the craftsmen NÍG.ŠU

PN2 li-tum KI.TA under PN2 "lower lētu." 387 See CAD N/2 69, s.v., našpaku: "PN a carpenter, has been given to me for (work on) the cargo boat under my authority." 388 bu-uq-qú-ur-šu here in the form of stative (purrus) and not the imperative (purris). 389 See CAD E 361b, s.v., šutēšuru: "to provide justice, to see justice is done."

AbB 4, 73 (TCL 7 73) (obv.) 1. a-na dUTU-ha-zi-ir To Šamaš-hāzir 2. qí-bí-ma say, 3. um-ma dEN.LÍL-KUR.GAL.A.NI- thus (says) Enlil-kurgalani. ma 4. dISKUR li-ba-al-li-iţ-ka May Adad keep you in good health. 5. aš-šum A.ŠÀ-lam ša pa-hu-um-wa- Concerning the field of Ahum-waqar. qar 6. ki-a-am ti-du-ú As you know, 7. iš-tu MU.40.KAM A.ŠÀ-lam i-ka- for 40 years he has had usufruct of the al field, 8. ù i-na-an-na I KASKAL i-na and now he is doing one period of service 9. KA.KEŠDA LUGAL i-il-la-ak in the king's body guard.390 p 391 392 10. ù a-hu-um-wa-AM ENSI2 and Ahum-waqar, the iššakku farmer 11. xxx[x] a.š[à]-šu [….]of his field.393 12. p dEN.ZU-im-[g]ur-a[n-ni] (lo. e.) Sin-imguranni 13. i-ki-im-šu-m[a] took away (unlawfully)394 from him and 14. a-na şú-ha-ri-[šu] (rev.) gave (it), to his boy. 15. it-ta-di-i[n] 16. wa-ar-ka-zu Investigate his case (so that)395 17. pu-ru-us 18. l[a] ih-ha-ab-ba-al. he will not be wronged396.

The Victim: Ahum-waqar. Rh: Šamaš-hāzir. The Agent: Enlil-kurgalani. P: The Victim's field had been taken away and given to some else, as he was working for the king. The Agent's request to Rh: to investigate the matter.

390 See CAD H 113a, , s.v., harrānu (10a): "service unit in corvée work." 391 Instead of qar- see AbB 4, p. 50 n. 73a. 392 For ensé=iššakku, see Borger (2003) 334. And see CAD I-J 262ff, s.v., iššakku: "member of a class of privileged farmers." 393 "his field" cannot be the end of a phrase since sentences and verbal phrases must end in verbs. So "his field" must be in status constructus "something of his field", so 11-12 are either a noun sentence or both are objects of the verb in l. 13. 394 See CAD E 65a, s.v., eqēmu: "to take away unlawfully (said of fields)." 395 See CAD H 5b, s.v., habālu: "take care of him, he must not be wronged." And see CAD P 174a, s.v., parāsu: "take care of him he must not come to grief." 396 See E. Dombradi (1996) II, n. 1164-1166 for comments of field of the crown in lawsuits.

AbB 7, 78 (CT 52 78) (obv.) 1. [a-na x] x[….] [To]..x[..] 2. qí-bí-ma say, 3. um-ma a-lí-ta-li-m[i-ma] thus (says) Ali-talīmī. 4. dUTU ù dMarduk li-ba-al-li-ţú-ka May Šamaš and Marduk keep you in good health. 5. aš-šum a-wa-a-tim Concerning the case 6. ša DUMU.MEŠ SIG-da-nu-ni-tum of the sons of Ipqu-Anunītum 7. ša ti-du-ú that you know. 8. i-nu-ma i-na KÁ-DINGIR.RAki While you stayed in Babel, 9. wa-aš-ba-a-ta 10. a-wa-a-tu-[š]u-nu ú –ul in-nam-ra they did not examine their case. 11. i-na-an-na DUMU.MEŠ ip-qú- da-nu- Now, the sons of Ipqu-Anunītum, ni-tum šu-nu-[ti] those (men),397 12. a-na ma-a[h]-r[i-k]a [a]ţţ[ar]-dam I am sending to you. 13. a-wa-a-ti-šu-nu (rev.) Examine their case, 14. a-mu-ur-ma 15. šu-te-še-er-šu-nu-ti and have justice done for them.398

The Victim: the sons of Ipqu-Anunītum. Rh: Not given. The Agent: Ali-talīmī. P: Not given. The Agent's request to Rh: to examine the Victim's case and have justice done for them.

397 See CAD Š/3 312, s.v., šunūti: "those, I have sent those men to you." 398 See CAD E 361b, šutēšuru: "to provide justice, to see justice is done"; "awâtišu amuurma šu-te-še- er-šu", "look into his case and have justice done to him."

AbB 7, 186 (CT 52, 186)399 Case. End of seal inscription: 1. dIŠKUR—ba-ni 2. DUMU ib-ni— dMarduk 3. ÌR dIŠKUR (obv.) p 400 401 1. ì-lí—ba-ni-i GUDU2 Ilī-bānī the priest 2. ki-a-am iq-bi-a-am um-ma šu-ma thus he told me, thus he (says): 3. ah-hu-ia i-na É uš-te-e-şú-ni-in-ni "my brothers made me leave the house, 4. ù i-ir-ti da-ba-bi-ja and they kept rejecting me in my 5. ut-ta-na-ar-ru lawsuit." 402 6. ma-har a-wi-lim SANGA an-nu-ni- In the presence of the person, the sanga tum 403of Anunītum 7. wa-aš-ba-a-ta you dwell. 8. a-na a-wi-lim s SANGA qí-bi-ma To the person, the sanga say, 9. i-ir-ti ah-hi-šu let them404 reject his (of Ilī-bāni) 10. i-na da-ba-bi li-te-er-ru brothers in the lawsuit,405 11. ù i-na É li-iš-te-e-i-lu-šu and to the temple they shall cause him to be bound.406 12. i-na UD.KIB.NUN ki-a-am aq- In Sippar thus I told you. bi-kum (rev.) 13. um-ma a-na-ku (Thus) I (said): 14. a-na da-ba-bi-šu i-zi-iz "stand by (him) in his lawsuit." 15. an-ni-tam aq-bi-kum This I told you. 16. a-na a-hi-ti-šu iz-iz-su Stand at his side, 17. re-eš da-ba-bi-šu ki-[i]-il assist him in his lawsuit.

The Victim: Ilī-bāni.

Agent1: the writer of the letter-no name given.

Agent2: the receiver of the letter-no name given. P: The Victim has a legal problem with his brothers.

399 The regular opening of a letter is missing; there is no name of the recipient. The Agent is not mentioned by name in the body of the letter either, but he could be the person named on the seal. This letter and AbB 9, 38 are not addressed to Rh, but to Agent2, see discussion introduction in chapter 2. 400 The sign is UH.ME, and see AbB 7, p.156, n. 186a. 401 Kraus translats: der "Gesalbte" Ilī-bānī., see AbB 7, 186. And see R. Borger (2003) 389, sign 638.

Borger writes: "gudu4, gúda (AH-ME)=pašīšu, ein priest." 402 See CAD T 275a, s.v., irtu târu: literally "to turn the chest, figuratively: "they keep repudiating me in my lawsuit." 403 See CAD Š/1 377, s.v., šangû: "chief administrator of the temple." 404 Probably the judges. 405 See CAD Š/1 378a, s.v., šangû: "you live under the jurisdiction of the honorable š. of Anunītum, so that they quash (?) the case of his (the plaintiff’s) brother." 406 See CAD E 40b, s.v., e’ēlu (Št precative): "to bind by an agreement."

Agent1's request to Agent2: to stand by and assist him in his lawsuit.

AbB 9, 38 (YOS 2 38)

(obv.) 1. [a-na a-wi]-li[m] To to the man, 2. [ša] dMAR.TU i[l-š]u ù dMard[uk] whom his god Amurru and Marduk 3. ú-ba-al-li-ţú-[šu] have kept him in good health say, 4. [q]í-bí-[ma] 5. um-ma i-bi-dNIN.ŠUBU[R-ma] thus (says) Ibni-Ilabrat. d d 6. UTU ù Marduk da-ri-iš u4-mi May Šamaš and Marduk keep you in 7. li-ba-al-li-ţú-ka good health forever. 8. aš-šum pib-ni-É.A šeš DINGIR-šu- As to Ibni-Ea, the brother of Ilšu- ibnišu, ib-ni [(x)] [and X] 9. DUMU i-d[in-xx(x) i-n]a b[a-a]b a- the son of Iddin-… "I have put in your 10. wi-lim ap-qí-[da-a[k-k]a-aš-šu um- charge in the gentlemen's gate", thus I ma a-na-ku-ma said.407 11. i-na li-ib-bu ma-tim a-na hi-bi-il-ti- Stand408 up for him, in the 12. šu i-zi-iz-zu countryside409 in (dealing with) the harm done to him. 13. şú-ha-ru-ú šu-nu ú-ul na-ka-ru Those servants are no strangers, 14. [š]a a-ha-ti-šu ša a-wi-lim (since they are servants) of the sister of 15. [DINGIR-š]u- ib-ni-šu GÌR.NITÁ the honorable Ilšu- ibnišu, the governor. (lo.e) 16. [pn]a-bi- É.A a-ha-šu (rev.) Nabi-Ea, his brother 17. [ša] a-ša-ri-iš wa-aš-bu who lives there 18. u4-hi-ni-šu i-ki-in-šu-ma took his fresh dates away from him and 19. a-na dUTU-li-wi-ir a-hi-šu gave (them) to his brother Šamaš- 20. it-ta-di-in liwwir. 21. DUB-pí pib-ni-É.A uš-ta-bi-la-ak- I herewith had Ibni-Ea bring my tablet to kum you. 22. ma-har DI-KUD.MEŠ i-zi-iz-zu-ma Stand up for him before the judges and 23. ki-ma ša ra-ma-ni-ka-[ma] return his dates to him, as if it were in 24. ZÚ.LUM-šu te-er-[šu]ma your own interest! And 25. la ih-ha-[ba]-al410 he shall not be harmed. 26. a-na a-wa-tim ša [aš-pur]-ak-kum You have been neglectful of me in the 27. tu-[u]š-t[a]-x411 [(x) x x] ni ma things about which I had written to you. 28. li-ib-[bi la i-ma-ar]-ra-şa-ak-kum I must not get angry with you 29. [……i]r DUB-pí-ja ….answer to my tablet. 30. [……..] zu

407 Stol translates: "with these words." 408 Iziz+šu= izizzi, is the Imperative (with the Sing. 3m. prominal suffixes), see R. I., Caplice 1988, 83. 409 See CAD 168b, s.v., libbu: "in the hinterland." 410 Sing like UM. See AbB 9, 38, n. 38a. 411 Top of a vertical visible; HA is possible. See AbB 9, 38, n. 38c.

The Victim: Ibni-Ea.

Agent1: Ibni-Ilabrat.

Agent2: awīlu (the Recipient of the letter). P: The Victim's dates have been taken by his brother Nabi-Ea.

Agent1's request to Agent2: to stand by and assist the Victim against his brother, to stand up for him before the judge, and to get his dates back.

AbB 10, 149 (Pinches Berens Coll. 99) (obv.) 1. a-na dEN-ZU—iš-me-a-ni To Sin— išmeanni 2. qí-bí-ma say, 3. um-ma ra-bu-ut— dEN-ZU[ma] thus (says) Rabût –Sin. 4. dUTU ù dMarduk li-ba-al-li-[ţú-ka] May Šamaš and Marduk keep you in good health. 5. aš-šum bi-it mu-bar—dzu.x Concerning the house of Ubar-Zu-x, 6. bi-tum šu-ú IA-ú-um that house is mine, 7. a-ha-ti i-na li-bi-šu wa-aš-ba-[at] my sister is living in it. 412 8. qí-bi-ma hi-bi-il-ta-šu Demand (that), they should return his 9. li-te-ru-šum la ih-ha-ba-al losses to him, (so that) he won't be wronged. 10. ù aš-šum bi-tim šu-a-ti And concerning that house, 11. i-zi-iz-ma ki-ma i[a-at]i (lo. e) stand by (him- Ubar-Zu-x) ,and speak as 12. du-bu-ub (rev.) if (you are) me.413 13. [a]-na ma-ti-ma Forever 14. [šu-up-r]a-am-ma iš-ti-a-at write to me, and one (fem.) 15. [x x x]-kum Will ….to you(?)

The Victim: Ubar-Zu-x. Rh: Sin- išmeanni. The Agent: Rabût –Sin. P: The Victim's sister’s house has been taken. The Agent's request to Rh: to stand by and assist the Victim, so he will not be wronged.

412 See CAD A/1 171b, s.v., ahātu: "this house is mine and my sister lives in it." See Also CAD A/2 400b, s.v., ašābu. 413 As the Agent and the Victim are relates (in-laws), it seems plausible that the Agent is very concerned about the Victims injustice. The Agent asks of Rh to approach the matter with the same seriousness as one whould handel the case of a family member.

AbB 10, 151

(obv.) 1. a-na a-bi-ia qí-bí-ma To my father say,414 2. um-ma dEN.ZU-iš-me-a-ni-ma thus (says) Sin-išmeanni. d d 3. UTU ù Marduk da-ri-iš u4[-m]i-im May Šamaš and Marduk keep my father 4. a-bi li-ba-a[l]-li-ţú in good health forever. 5. pÌR-ku-bi lú xxki PA.TE.SI (Concerning) Warad-kubi from… 415 the iššakku farmer,416 6. ša qá-ti-n[i] i-na ha-bu-uzki (who) is in our hands dwells417 in Habbuz.418 7. wa-ši-ib-ma pdi-šum-abi ra-bi-a-nu- Išum-abī the mayor um KI 8. ma-di-iš ud-da-ab-bi-ib-šu harassed419 him a great deal. 9. ù ši-ni-šu aš-pu-ra-am-ma And twice I sent (words) to you, 10. wa-ar-ka-sú ú-ul tap-ru-ús (lo. e) (but) you did not investigate his case. 11. a-na di-šum-abi ra-bi-a-nu-um KI Be furies420 (12) at Išum-abī the mayor. 12. (rev.) e-zi-iz-ma a-wi-lam The man421 13. ša ú-ka-aš-šu-ma i-li-ik-šu who made a profit422, and constantly performs his ilku-service, 14. it-ta-na-aš-šu la ú-da-ab-ba-ab he (the mayor) should not harasse (him)!

The Victim: Warad-kubi. Rh: "my father." The Agent: Sin-išmeanni. P: The Victim is being harassed by the mayor. The Agent's request to Rh: to be furies at the mayor, and investigate his case.

414 According to Sallaberger adding the possessive suffix ī-mine to a title (bēlī/abī), shows that writer wants to express his close relationship to the recipient. The titel abī honors the adreesee. See W. Sallaberger (1999) 38, 60f. 415 Should be a place name. 416 See Borger (2003) 334 PA.TE.SI. =ÉNSI= iššakku. And see CAD I-J 262ff, s.v., iššakku: "member of a class of privileged farmers." 417 Kraus translates: "tut in Habbuz dienst." It seem as the reason he dwells in that place is because he is assigned to do service there, see l. 13. 418 The same place and a similar complaint are mentioned in AbB 10, 1 and AbB 10, 13. There the Victims complain that they were drafted to a service, even though they should not have been. 419 See CAD, D 12a, s.v., dabābu (D): "anniki'am mādiš uddabibuinni", "they have pestered me a great deal here." 420 See CAD E 427, s.v., ezēzu: "to become furious, fierce." 421 Warad-kubi. 422 See CAD K 294, s.v., kuššû: "to make a profit."

AbB 11, 7 (PBS 7 7)

(obv.) 1.,2. a-na lú-ga-a qí-bí-ma To Lūga say, 3. um-ma dEN.ZU-pu-uţ-ra-am-ma thus (says) Sin-puţram. 4. dEN.LÍL ù dNIN.URTA li-ba-al-li- May Enlil and Ninurta keep you in good ţu-ka health. 5. plú-ga-tum GUD.HI.A-šu a-na Lugātum has (7) removed 423 his oxen to AN.ZA.GÀRki Dimtum 6. a-na A.ŠÀ ŠE.GIŠ.Ì e-pe-ši-im in order to prepare his sesame field for cultivation, 7. is-sú-ha-[am-m]a 8. pu-bar-lu-lu wa-a[r]-k[i x (x)] i-la- and Ubar-Lulu was following them. ak 9. GUD- šu i-mu-ut-ma His ox died, and 10. a-na şe-ri-ja a-na di-ni-im il-l[i- they came to me for judgment. So k]u-nim-[m]a 11. ŠÀ.GUD.HI.A a-li-ik i-di-šu a-ša- I questioned the ox-drivers, his helpers al-ma and 12. ki-a-am iq-bu-nim um-ma šu-nu- this is what they said to me: ma 13. G[U]D ip-ţù-ur-ma ša-am-mi i-ka- "the ox strayed away, and while he was al eating grass, 14. [im-q]ú-ut-ma im-tu-ut (lo.e.) he fell down dead." 15. [um-m]a a-na-ku-ú-ma (rev.) Thus I (said): 16. [a-na E]N.LÍLki a-na a-a[l go to Nippur the city of judges and 17. DI.K]UD. [M]EŠ a-al-ka-a-am 18. di-nam li-di-nu-ku-nu-ti let them decide the case for you. 19. i-na EN.LÍLki DI.K[U]D.MEŠ di- In Nippur the judges decided the case for nam i-di-nu- šu-nu-ti-ma them, and 20. a-na ba-ab GIŠ.SAR a-na ni-iš they gave Ubar-Lulu over to the garden 21. DINGIR pu-bar-lu-lu i-di-nu gate424 to (swear) an oath.425 22. [ p]lú-ga-tum di-nam šu-a-ti Lugātum does not accept that verdict. 23. ú-ul l[e-q]í 24. wa-ar-ka-sú p[u-r]u –ú[s-m]a Investigate426 his case (so that) 25. la ih-ha-ab-ba-al he will not be wronged.

The Victim: Lugātum. Rh: Lūga. The Agent: Sin-puţram. P: The Victim does not accept a verdict he got. The Agent's request to Rh: to investigate the matter.

423See CAD N/2 8, s.v., nasāhu: "to transfer cattle." 424 This could be one of the gates to the Ninurta Temple; and see F.R.Kraus (1951) 159. 425 CAD B 21b, s.v., bābu: "they sent PN to the garden gate to take an oath." 426 See CAD P 174a, s.v., parāsu: "take care of him he must not come to grief."

AbB 11, 32 (PBS 7 32) (obv.) 1. a-na SAG.ÍL—MA.AN.SUM To Sagil-mansum say, 2. qí-bí-ma 3. um-ma dMarduk-na-şi-ir-ma thus (says) Marduk-nāşir. 4. dUTU ù dMarduk li-ba-al-li-ţú-ka May Šamaš and Marduk keep you in good health! 5. aš-šum a-bi-ja-tum PA UŠ.BAR Concerning Abijatum head of the weavers, 6. ša i-na Ì.ŠI.INki who holds a field in Isin. 7. A.ŠÀ-am şa-ab-tu 8. pa-bi-ja-tum šu-ú That Abijatum 9. i-na UD.KIB.NUNki ma-ah-ri-ja supervises the female weavers in Sippar, 10. UŠ.BAR.MEŠ i-ša-ap-pa-ar under my authority,427 11. ù a-na bi-tim ma-di-iš qé-ru-ub and he is very close to the "house". 12. iš-tu ša-ad-da-aq-di-im (lo.e) Since last year, 13. a-na a.ša-šu ú-ul il-la-kam (rev.) he has not gone to his field. 14. pgi-mi-lum SAG.TÙN A.ŠÀ-šu Gimillium, the land registrar 428 of his field 15. ša-ad-da-aq-di-im took away his two kor of barley last year. 16. 2 Š[E.G]UR-šu it-ba-al 17. a-nu-um-ma dup-pí uš-ta-bi-la-kum Now, I have sent my tablet to you, 18. a-na gi-mil-lum SAG.TÙN A.ŠÀ- speak to (19) Gimillium, land registrar of šu his field, 19. qí-bi-ma še-šu la i-la-ap-pa-at so that he will not to touch his barley. 20. aš-šu-mi-ja a-na sà-ki-pí-šu Assist him against his opponent for my 21. i-zi-iz sake!429 22. 1 SILA3 še-šu il-la-ap-pa-at-ma If a single quart of his barley is touched, 23. ne-ep-re-es-sú they will take away his food ration, from 24. ša iš-tu ša-ad-da-aq-di-im last year430 from the land registrar's 25. i-na zu-mu-ur SAG.TÙN (u.e.) possession.431 26. i-le-eq-qú-ú

The Victim: Abijatum. Rh: Sagil-mansum. The Agent: Marduk-nāşir. P: Barley from the Victim's field has been taken by Gimillium. The Agent's request to Rh: to stand by and assist the Victim against his opponent, and tell a person named Gimilium not to take his barley.

427 See CAD Š/3 160a, s.v., šû: "that PN supervises the female weavers in Sippar under my authority." 428 For SAG.TÙN = šassukku, see Borger (2003) 294. For šassukku see CAD Š/2 145a, s.v., šassukku: "land registrar, recorder." 429 See CAD S 73a, s.v., sakāpu: "his barley must not be touched, for my sake take action against anyone who might attempt to evict (?) him." 430 See CAD N/2 147, s.v., nebrītu. 431 See CAD Z 160, s.v., zumru.

AbB 11, 90 (PBS 7 90)

(obv.) 1. a-na a-we-lim To the gentlemen say,432 2. qí-bí-ma 3. um-ma dEN.ZU—na-di-in—[a]h- thus (says) Sin-nādin-ahhē. he-ma d d 4. UTU ù Marduk da-ri-iš u4-mi a- May Šamaš and Marduk keep you in good 5. bi health forever. li-ba-al-li-ţú-ka 6. lu ša-al-ma-ta lu ba-al-ţa-ta May you be well, may you be healthy! 7. DINGIR na-şir-ir-ka re-eš-ka ana May the god who protects you be 8. da-mi-iq-tim li-ki-il available for you in (your) favor! 9. a-na šu-ul-mi-ka aš-pu-ra-am I have written about your well-being; 10. šu-lum-ka ma-har dUTU d Marduk may your well-being last forever before 11. ù be-lí-ja am-mi-şa-du-qá Šamaš, Marduk and my lord Ammi- 12. lu da-ri şaduqa. 13. aš-šum di-ib-ba-at dEN.ZU—re-me- Concerning the complaints of Sin-rēmēni ni 14. ù ib-ni—dIŠKUR a-hi-šu and Ibni-Adad his "brother", 15. ša i-na UD.KIB.NUNki –ja-ah-ru- that I examined433 in Sippar-Jahrurum, 16. rum a-mu-ru-ma and 17. ka-ni-ik ri-ik-sa-tim ú-še-zi-bu-šu- (about which) I had a sealed contract nu-ti drawn up for them. 18. [k]u-nu-uk SANGA dUTU SANGA You have sealed the claim434 with the seal 19. dA-A (lo.e) ù ku-nu-uk-ka-ti-ku-nu of the high-priest of Šamaš, the high- 20. ba-aq-ra ta-ak-nu-ka (rev.) priest of Aja, and your own seals.435 21. ka-ni-ik ri-ik-sa-ti Sin- rēmēni himself was carrying that 22. pdEN.ZU—re-me-ni šu-ú na-ši sealed contract. 23. ki-ma dEN.ZU—re-me-ni šu-ú When Sin- rēmēni, 24. a-na ši-im-ti-šu il-li-ku went to his fate, 25. pib-ni— dIŠKUR a-hu-šu Ibni-Adad his brother 26. a-na dEN.ZU—re-me-ni ur-ta-ag-gi wronged436 the house of Sin- rēmēni. 27. ša ku-nu-uk SANGA dUTU If the seal of the high-priest of Šamaš, a SANGA dA-A high-priest of Aja , 28. ù ku-nu-uk-ka-at-ku-nu ba-aq-ra and your seals are being contested,

432 See for discussion of the use of awīlum in W. Sallaberger (1999) 64f. He states that in contrast to bēlī and šāpirī the use of awīlum, does not mean that the recipient is in a higher position then the writer of the letter. 433 Stol translates: "I looked into" (l. 16). And See CAD A/2 20a, s.v., amāru: "as to the case of the PN and his brother PN2 which I had investigated in GN, issue to them a sealed document containing the agreement." 434 See CAD P 140, s.v., paqru: "claim." 435 It seems that the Agent after he examined the matter, is the one who has the contract drawn up (l. 15-17) and then it was signed by the high priests, and Rh (l. 18-20). And see CAD K 138, s.v., kanāku: "you have sealed it with the seal of the chief priest of Šamaš, of Aja, and your own seals." 436 See CAD R 404, ruggû: "to wrong, to make illegitimate claim."

29. ku-nu-uk ma-an-ni-in-ma im-ma- whose seal will (ever) be acceptablet?437 ah-ha-ar 30. pib-ni— dIŠKUR šu-a-ti Let them bring to you Ibni-Adad; 31. li-qé-er-ri-bu-ni-ik-kum 32. i-na mu-úh-hi-šu ši-si speak firmly to him!438 33. ni-ša-am439 i-na ša-ap-ti-šu li-iš-ša- Let an oath be put on his lips440, that ki-ma 34. a-na É dEN.ZU—re-me-ni a-hi-šu he will not wrong the house of Sin- 35. l[a] ú-ra-ag-ga rēmēni.

The Victim: The family of the deceased of Sin- rēmēni. Rh: the gentlemen. The Agent: Sin-nādin-ahhē. P: After Sin-rēmēni's death, Ibni-Adad wronged him. The Agent's request to Rh: Let Ibni-Adad approach Rh and Rh should speak firmly to him.

AbB 11, 119 (PBS 7 119)

(obv.) 1. piš-me—dIŠKUR DUMU zi/nam xxx Išme-Adad, son of…. 2. ki-a-am iq-bi-a-am um-ma šu-[ma] spoke to me like this, thus he said: 3. 1 SAG.GEME šà ša É a-bi-ja "my brothers and I sold one slave girl 4. a-na-ku ù ah-hu-ja from my family property to a merchant 5. a-na KÙ.BABBAR a-na DAM.GÁR and ni-id-di-in-ma 6. K[Ù.BAB]BAR-ša ni-il-qé-e we received the silver for her. 7. S[AG.G]EME šu-a-ti it-ti I myself ransomed that slave girl from 8. DAM.GÁR the merchant and a-na-ku ap-ţú-u[r-š]i-m[a] 9. ka-ni-ik-ša na-ši-[a-ku] I am carrying (with me) the sealed document about her. 10. iš-tu MU.10.K[AM] That slave girl has been with me for ten 11. SAG.GEME ši-i ma-ah-ri-ja-[ma] years, 12. ah-hu-ja ú-ul ib-qú-[ru-ši] my brothers did not claim her. 13. i-na-an-na mu-ha-ad-du-u[m a-hi] Now Muhaddûm, my brother

437 See CAD P 133, s.v., paqāru: "If the seals of the chief administrator of Šamaš and the chief administrators of Aja, and your own seals are being contested, than whose seal will be accepted?" 438 Stol translates: "proceed against him." The CAD Š/2 153b, s.v., šasû: "let them bring that PN to you, speak firmly to him. He should swear that he will not lay a claim to the house of PN, his brother." Both translations, Stol's and CAD's, express the same idea. It is the request of Rh to act in such a way, that will make Ibni-Adad not wrong the house of Sin- rēmēni. 439 Accusative; mistake for ni-šu-um, nominative. 440 See Introduction § 7.3.

14. SAG.GEME šu-a-ti a-ša[r-ša-ni] has taken that slave girl elsewhere." 15. il-te-[qé] (rev.) 16. ki-a-am iq-bi-[a-am] Thus he spoke to me. 17. piš-me—dIŠKUR [šu-ú] That Išme-Adad 18. a-na ma-har be-lí-ja it-ta-al-kam has gone to my lord. 19. be-lí ša-ap-ti-šu l[i-iš-me-ma] Let my lord hear what he has to say and 20. ka-ni-ka-ti-šu li-mu[ur-ma] look into his sealed documents and 21. i-na mu-úh-hi ma-ha-ad-d[u-um] speak firmly to Muhaddûm, so that441 22. li-is-s[i]-ma] 23. SAG.GEME li-te-er-ru-n[i-šum] they will give him back the slave girl. 24. piš-me—dIŠKUR ì[r-ka] May Išme-Adad, your servant pray for 25. ma-har dUTU a-na be-lí-[j]a my lord before Šamaš! 26. li-ik-ru-ub 27. be-lí at-ta i-na šu-ul-mi ù ba-la-ţi You, my lord enter Babylon in well- 28. a-na KÁ.DINGIR.RAki er-ba-am-ma being and good health. 29. bu-nu nam-ru-tum ša dMarduk ra-i- May the shining (happy) faces of 30. mi-ka Marduk who loves you and Adad ù dIŠKUR na-ni-ka li-im-hu-ru-ka created you, welcome you.

The Victim: Išme-Adad. Rh: my lord. The Agent: (the name is missing). P: The Victim's slave girl has been taken from him, by one of his brothers. The Agent's request to Rh: to listen to his claims, examine his document and proceed against the Victim's brother.

AbB 12, 22 (obv.) 1. a-na dna-bi-um—at-pa-lam To Nabium-atpalam 2. qí-bí-ma say, 3. um-ma dMarduk—mu-ša-lim-m[a] thus (says) Marduk-mušallim. 4. aš-šum pdINANNA—e-pí-ri As to Ištar-ēpirī 5. [š]a ta-aš-pur-am about whom you wrote me; 6. pdINANNA —e-pí-ri šu-ú that Ištar-ēpirī 7. it-ti-ia in-na-we-er met with me. 8. a-na sà-ki-pí-šu Stand up for him against his opponent, 9. i-zi-is-súm-m[a] (lo.e) 10. ma-am-ma-an [o o] (rev.) so that no one will harass him. 11. l[a] ú-da-ab-b[a-ab-šu]

The Victim: Ištar-ēpirī. Rh: Nabium-atpalam. The Agent: Marduk-mušallim. P: (Not mentioned).

441 See CAD Š/2 153b, s.v., šasû: "to address someone with the connotation of severity, threat."

The Agent's request to Rh: to stand by and assist the Victim against his opponent.

AbB 14, 190 (TCL 18 136)

(obv.) 1. 2. [a-na a-wi]-il-ì-lí-šu To Awīl-ilišu say, [qí-b]í-ma 3. [um-ma i]b-ni-duraš-ma thus (says) Ibni-Uraš. d d 4. [ ištar] ˹ù ˺ZA.BA4.BA4 da-ri- May [Ištar] and Zababa forever iš u4 - 5. [li]-ba-al-li-ţú-ka grant you good health. 6. [a]š-šum pil-ta-ni ša ib-bu-ni-kum Concerning Iltani, whom they mentioned to you. 7. wa-ar-ka-tam [p]u-ru-ús Investigate (the complaint), 8. ki-ma a-wi-lum mi-im-ma that the gentleman does not gives her 9. [l]a i- na-˹di--ši˺-im anything, 10. [a]-wi-lum ki-ma na-di-tim (that) the man has laid a hand on her as if 11. [i]l-ta-pa-sí-i-ma she were (not)442 a nadītum, 12. ù a-lum im-ta-li-ik (lo. e) and (that) the town had taken counsel! 13. ù šum-ma-an la ka-a-ti (rev.) Indeed, had it not been for you 15443 a-wi-il-tum ši-i ih-ta-li-iq-ma that lady, would have perished! d 16. [š]a ZA.BA4.BA4 ú-ba-la-ţú-ka And by Zababa grants you life 17. ù a-wi-il-tum ú-ul i-na A.ŠÀ- that lady resides neither in a field lim!(WA) 17. ù ú-ul i-na ki-ri-im ša-ak-na-at nor in a garden. 444 18. wa-ar-ka-tam pu-ru-ús-ma Investigate the matter and d 20. ša ZA.BA4.BA4 [ú-ba]-al-la-ţú- by Zababa who grants you life ka 21 e- pu-[u]š take action. 22. ù giš x [x x x] x And 445 … 23. ù šum-m[a x x x]-IB-ši-im and if… 24. [wa-a]r-k[a-tam pu-ru-ú]s-ma investigate the [matter] 25. [x] ha ba [x x x x] x il-li-kam …has come here who…

442 From the content I think the scribe has forgotten to add a negation, which I suggest should be there. A similar claim was made by a in AbB 1, 34, (l. 14-15) where a nadītu complains that a man stroked her as if she were not a servant of Šamaš:"kīma lā amāt Šamaš anāku", thus meaning that she is not just a regular servant or woman but belongs to a respectable class of women- the nadītu, and should be treated as such. See CAD A/2 51b, s.v., amīlu: "the (mentioned) man had a unwarranted claim against her, she being a nadītum-woman." See also CAD L 85, s.v., lapātu: "to put hands on (a person, an object) with evil intentions." The understanding is that he has treated her bad, in spite of her high status and thus done her wrong. 443 There is no line 14 in AbB. 444Lines13-20 like that in the AbB, must be a mistake. 445 A piece of the envelope, with the beginning of the address, adheres to parts of lines 20-27 of the tablet making them unreadable

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26. [x] x [x x x] x ú-ul ni-di-ši-im … we have not given her… 27. [x x x] x a-na bi-ti i-ru-ub! ..she entered the house, 28. [a-wi]-lum il-ta-pa-as!-sí the [ma]n has laid his hand on her 29. [wa-ar-ka-tam] pu-ru-ús! [x x] Investigate [the matter]! Fragment of case: a-n[a x x x x] To [….]

The Victim: Iltani a nadītu. Rh: Awīl-ilišu. The Agent: Ibni-Uraš. P: The Victim complains that a gentleman did not give her anything and has laid a hand on her. The Agent's request to Rh: to investigate the matter.

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Chapter 3 The Agent Writes to a Recipient Judge (Rj)

The letters in this chapter follow the schema presented in the Introduction § 9 and at the beginning of Chapter 2.446 The recipients of the letters in this chapter hold the position of judge (person of authority). The recipient is therefore tagged Rj (Recipient-judge). This categorization is based on the Agent’s requests of Rj to institute a lawsuit or to pronounce a verdict.

III.2. The relationship between the Agent and the Victim III.2.1. The personal Agent As in the previous chapters in some letters the Agent states his connection to the Victim, thus we can see what kind of personal relationship they have.

III.2.1.1. Family 447 AbB 1, 120 is written by Agent2 and addressed to Rj. Property was taken from the Victim's family: "mi-im-mu-ú É a-[bi-ia] il-te-qú-[ú]", "property from my family (the Victim) they took away" (l. 3-4). In search for help, the Victim turned to someone in his family (Agent1). Agent1then turned to the writer of this letter, Agent2, as the latter informs Rj: "ki-a-am ú-lam-mi-da-a[n-ni]", "Thus he (Agent1) has informed me (Agent2)” (l. 5). Agent2 then turns to Rj requesting that he pronounce a verdict in the matter, and thus help the Victim. In AbB 11, 5 the Agent writes to Rj in a case concerning his sister: "aš-šum pba-ba-a a-ha-ti-ja a-w[a]ti-ša ta-mu-ur", "Concerning Babā, my sister, you have investigated her case" (l. 5-6). Then the Agent asks Rj to judge her fairly.448

446 Victim, Agent1, Agent2, Recipient. 447 This letter follows the schema introduced in Chapter 2. This letter is somewhat similar to letter AbB 9, 198 in Chapter 1. In both letters the Victims turned a family member (to their sons) for help, and the sons (Agent1) turned to another Agent for help. Agent2 then interceded on the Victim’s behalf. 448 In AbB 14, 53, l.5 a person writes a letter to his sister in which he informes her that a judgment concerning her has arrived.

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III.2.1.2. Acquaintances, Business- partners

AbB 13, 143 is written by Agent1 (Ea-lamassī) to Agent2 (Sin-uselli), requesting that Agent2 approach Ibbi-Sin (a judge), so he may judge the Victim's case: "a-na pi-bi— dEN.ZU qí-bí-m[a] di-in-šu ki-ma ša a-na-k[u] [az]-za-[a]z-z[u] l[i]-[d]i-i[n]", "To Ibbi-Sin say: may he give his verdict, as if I were present myself." p (l. 8-11) Agent1 states that the Victim is not a stranger to him: "a-wi-lum li-pí-it— É.A ú-ul na-ka-ra-am", " The honorable Lipit-Ea, is not a stranger to me." (l. 6-7).449

III.2.2. The employer Agent: The Victim works for the Agent or is under his command In AbB 9, 6 the Victim seems to be under the command or the authority of the Agent. The Agent informs Rj that the Victim: "e-pí-iš ṣ[í]-bu-ti-ja i-nu-ma a-ša-pa- ru-šum ṣi-bu-ti ma-di-iš i-pu-uš", "(he) carries out my wishes. Whenever I write to him, he acts very much according to my wishes" (l. 6-7).

III.2.3. The impersonal Agent The remaining letters in this chapter belong to the category of the Impersonal- Agent, in which the relationship between the Agent and the Victim is not stated. The letters are described briefly below. In AbB 6, 71 the Agent asks Rj to institute the law of Šamaš for them; the problem is not stated. In AbB 6, 138 the Victim (a priest) has suffered an injustice. The Agent asks Rj to institute a lawsuit for him or to send him to the temple of Ea for litigation. In AbB 6, 142 a claim has been made on an orchard of the Victim, and the Agent asks Rj to investigate the Victim's case and institute a lawsuit for him. In AbB 7, 85 the Agent asks Rj to institute a lawsuit for the Victim, whose belongings have been taken and whose tablet has been stolen. In AbB 7, 135 the Victim should have been given a verdict but was not. The Agent asks Rj to issue a verdict according to the law pronounced for him, which was stated on the tablet he owns.

449 See for similar expression, chapter 2, AbB 9, 38, l. 13-15.

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In AbB 10, 161 the Agent asks Rj to institute a lawsuit for the Victim on account of the injustice he has suffered. In AbB 11, 78 the Agent asks Rj to settle a legal matter for the Victim according to the sales documents in his possession, and have a final document issued. In AbB 11, 159 the Agent sends the Victim and his opponent to the judges of Nippur. The Agent asks Rj to investigate the Victim's case and institute a lawsuit for them, as they (the Agents) are unable to do so. In AbB 11, 101 the Victim's property had been taken by a woman, and taken to another man's house. The Agent asks Rj to pronounce a verdict on that woman. In AbB 11, 183 a field of the Victim’s had been diminished by some people, including Rj. The Agent asks Rj to issue a verdict according to what he sees in the field. In AbB 14, 184 the Agent asks Rj to examine the Victim's affairs and institute a lawsuit for her.

The following table shows the division of letters in this chapter between the personal and the impersonal Agent. Chapter 3 The relationship between Total of the Victim and the Agent letters 15

Personal Family AbB 1, 120 2 4 Agent AbB 11, 5 Acquaintances, AbB 13, 143 1 Business- partners Employer AbB 9, 6 1 Impersonal AbB 6, 71; AbB 6, 138 11 Agent AbB 6, 142; AbB 7, 85 ; AbB 7, 135 ; AbB 10, 161; 11 AbB 11, 78; AbB 11, 101; AbB 11, 159 AbB 11, 183; AbB 14, 184 Table 3: Division between the number of personal and impersonal Agents in Chapter 3

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III.3. Information the Agent provides to the Rj in order to help the Victim III.3.1. Providing information about the Victim’s "good behavior" In AbB 9, 6 the Agent informs Rj that the Victim is compliant: "e-pí-iš ṣ[í]- bu-ti-ja i-nu-ma a-ša-pa-ru-šum ṣi-bu-ti ma-di-iš i-pu-uš", "(He) carries out my wishes, and whenever I write to him, he acts very much according to my wishes" (l. 6-7), then requests Rj to let the Victim submit his case. This line provides information about the relationship between the Agent and the Victim (see previous paragraph), and refers twice to the loyalty of the Victim to the Agent (he carries out his wishes and acts according to his wishes).

III.3.2. Referring to the law III.3.2.1. Quoting a specific law In AbB 11, 183 the Victim's field has been inspected by a group of people, including Rj: "A.ŠÀ ni-mu-ur-ma", "We inspected the field and," (l. 15) as a result the Victim's field was reduced in size. According to Rj, the Victim agreed to this reduction in the size of the field: "xx am ni-ka-s[a]-am im-ta-ḫa-ar", "xx He (the Victim) actually accepted the accounting." (l. 19) It seems, however, that the Victim in fact did not agree to this reduction, because after the Agent described the situation and what happened, he criticized Rj by asking him whether he did not know the law of the Agent's lord: "ú-ul ti-de-a ki-ma i- 450 na şi-im-da-at be-lí-ja a-we-TUM a-na pí-i ka-an-ki-šu1 SILA3 še-a la iḫ-ḫa-ab- ba-lu-ú ", "Do you (pl.) not know that according to the regulations (law) of my lord, a man should not be deprived by (even) one quart of the barley (that he is entitled to), according to the wording of his sealed documents?"451 (l. 21-23). The Agent appears to be quoting a well known (written or oral) law, and implying that Rj acted against the law.

450 Should be LUM and see: AbB 11 p. 118 n. 183e. 451 See CAD Ş 195 s.v., şimdatu: "do you (pl) not know that according to the ş. of my lord (the king) the wording of a sealed document cannot be infringed even by the amount of one sila of barley." See also CAD K 153, s.v., kanku: "that according to the regulation issued by my lord the case is (to be judged) according to the wording of a sealed document."

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III.3.2.2. Referring to kīma şimdati The request dīnam šuhuzum, "to institute a lawsuit" or dīnam qabûm, "to pronounce a verdict" is supplemented by the phrase kīma şimdatim (alone or with a further addition). For what reason did the Agent add the phrase kīma şimdatim? He could have simply asked to institute a lawsuit without adding kīma şimdatim.452 Why is this phrase added in so many letters of this chapter? To answer this question, I briefly discuss the term şimdatum,453 which has already been addressed in many studies and articles. CAD454 translates şimdatu as:1. Royal decree; 2. (a specific ) royal regulation.455 The opinions about the term fall into two main categories: one in which şimdatu is assumed to be a general term for justice, as stated by B. Landsberger. He was of the opinion that in various texts (legal and non-legal) the word şimdatu did not refer to the written or oral laws, and was not a term for a specific law, but rather a general term he named "Recht," "justice," which embraced all prerequisites available to a judge in order to make a right and valid ruling.456 The other category understands şimdatu in a more practical sense, as law, regulations, or decrees, although several scholars offer a slightly different understanding. J.G. Lautner stated that the general phrase kīma şimdāt šarrim should

452 See also CAD A/1 178, s.v., ahāzu (šuhuzu), with dīnu: "to take to court, to try a case." 453It is not the aim of this research to provide a systematic reevaluation and discussion of the term, given that the sources are too numerous and many relevant texts are not letters. But future research should consider all the sources containing the term şimdatu, organized according to types of text, e.g., trial records; sales documents, letters, etc. This type of research could lead to a more complete understanding of the term than has been achieved to date. Some of the interpretations of the term are very similar, as can be seen in the brief summary below: For further discussion see M. de J. Ellis (1972), with additional bibliographical references. 454 See the full subdivision of the entry in CAD Ş 194ff, s.v., şimdatu. And see also M. de J Ellis (1972) 75 for an outline of the entry. 455 M. de J. Ellis gives a short summary of the CAD value, see M. de J. Ellis (1972) 75f. 456 "Damit haben wir die überall eizusetzende Bedeutung von şimdatu gefunden: jede Bezugnahme auf einer geschriebene oder ungeschrieben Satzung ist diesem Wort fremd; es umfasst alle Voraussetzungen, die dem Richter zu Gebote stehen, um ein richtiges und gültiges Urteil zu finden, also alle von ihm zu beobachtenden Formen und Grundsätze , auch alle Satzungen ( falls solche existierten) , aber wohl auch die psychologische Voraussetzung der richterlichen aequitas, schließlich vielleicht auch die richterliche Gewalt, die der Besitz der şimdatu dem Rechtsprecher gab." See B. Landsberger,( 1939) 227.

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be understood as: "Vorschriften prozessualer Natur" (regulations of a procedural nature).457 Driver and Miles disagreed with Landsberger and stated that: "…şimdātum is a concrete term denoting certain definite ordinances and does not mean abstract law of justice." They stated that "şimdāt šarrim or şimdātum, as they are sometimes simply called, are ordinances issued from time to time by a ruler to deal with some special matter."458 Kraus agreed with Driver and Miles and explained that şimdatu has developed in the OB period and has two meanings: 1. The first, older meaning was "königliche Maßregel" (Royal regulation). 2. The second and younger meaning was: a. When the word appears in a judiciary type of text, in the phrase kīma şimdat šarrim, the meaning is "königliche Verfahren" (royal procedure); b. When the word appears in sources with the expression ana pī/ kīma/ ana şimdat šarrim, the meaning is "vorliegende königliche Bestimmung" (the present royal regulation).459 In her article "Şimdatu in the old Babylonian Sources,"460 M. de J Ellis discussed the term thoroughly and offered the following understanding of the şimdatu: "We will get farthest by seeing şimdatu with or without modification by šarrim not as a specific, prescribed rule of law (or tariff), but as referring to general legal custom, which may have or may not have been formalized into written form, and which may include tariffs as well as more customary types of legal prescriptions."461 She further stated that: "Rather, it and other rules like it make up the şimdat šarrim and the clause in the contracts must be interpreted as ‘in accordance with the requirements of the şimdat šarrim."462 She concludes that şimdat (šarrim) "is a term of general application and can refer to corpora of prescriptive rules such as are represented by the code of Hammurabi, to edict enactments, or to general legal usage."463

457 J.G. Lautner (1936) 180f. 458 See BL 17ff, and 20. 459 See F.R. Kraus, (1979) 62. 460 See M. de J. Ellis (1972) 75. 461 See M. de J. Ellis (1972) 78. 462 Ibid 79. 463 Ibid 82. She does not mean that the LH was that corpus, as she clearly states "we do not know in how far the Old Babylonian legal corpus was formulized into writing and in how far it depended on

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Yet another type of approach is offered by K.R Veenhof in his article: "The relations between Royal decrees and 'Law Codes' of the Old Babylonian Period."464 He understood şimdat šarrim more as a law, regulations, or decrees of different types. Veenhof distinguished between different types of şimdat šarrim. The first type consists of the royal mišarum-acts, whose "aim was to restore equity (mišarum) by the cancellation of certain private, consumptive debts and by remitting arrears of various servants of the crown, in order to strengthen the tributaries (of the crown) and bring relief to debt-ridden subjects."465 The second type of şimdat šarrim are: "regulatory provisions of a more traditional nature, by means of which a king lays down liabilities in connection with certain transactions and especially penalties and compensations for various types of breach of contract or other violation of the law."466 Further he explained that in contrast to the mišarum acts, which were time-limited, the second type of royal decrees may have been restricted to one issue or legal problem, without reference to a restriction in time. According to Veenhof, these royal decrees are "a special type of sources of normative, positive law'',467 and although these decrees have not been found yet, they are known from references in a variety of contracts and letters that are usually translated as: "…in accordance with the decree of the king" (kīma şimdati šarrim), or in a more general form, kīma şimdatim. In his article Veenhof asked which type of şimdat šarrim is meant when the reference is to kīma şimdati šarrim: the mišarum acts or the second type of royal decree? Although some of these references may have been to the first type of royal decree, a substantial number of sources referred to the second type. Veenhof assumed

orally transmitted knowledge and instruction" 81f. See also her n. 73. There are however several references that could be understood as referring to a written type of şimdatu. See AbB 1,14 : "a-na pí-i DUB-pí şi-im-da-tim." See also BL I (1956), p. 19, n. 8; "a-na pí-i dup-pí" rather suggests something concrete and of the nature of a written document." See also a new discussion by D. Charpin (2010) 71ff. 464 See K.R. Veenhof (1997-2000). 465 See ibid, 49. This category corresponds to the first category given in the CAD. For a different opinion see S. Lafont (1994) 96f. She stats that the "mišarum edicts are part of the royal activities, but they are not legal rules in the technical sense of the term." 466 See ibid p. 53. Similar to Driver and Miles, BL 20: "şimdāt šarrim or şimdātum, as they are sometimes simply called, are ordinances issued from time to time by a ruler to deal with some special matter…" 467 Ibid.

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that a large number of such royal decrees existed and played an important role in the administration of justice.468 They instructed officials and judges "not so much whether a case was to be accepted for trial, but what verdict they had to pass for the plaintiff and which penalty to impose on the culprit…"469 Concerning the origin of the second type of royal decree, Veenhof brings the example of the letter of the King Samsu-iluna who was informed of the troubles of the nadītu in Sippar. To address this problem, the King wrote a letter containing two rulings, one for each complaint presented to him.470 The letter could serve as one of the examples of such a royal decree. Veenhof assumed that the distribution of these letters was a way of "publishing" them. These decrees or regulations may have clarified, supplemented, or corrected existing laws. Veenhof tried cross-referencing the texts to identify the decrees referred to in the different sources. To this end, he divided the sources into those with: 1. Decrees whose subject matter is not found in the law.471 2. Decrees whose subject matter is found in the "law codes-or decrees" and therefore may have been incorporated in the law.472 This solution for the understanding of kīma şimdati šarrim is highly plausible, as Veenhof showed in his article, but in the context of the letters it may raise several questions and certain doubts. I agree with those scholars according to whom the şimdati (šarrim) the decrees function as "laws." Whether these decrees were propagated in the form of letters or in other ways cannot be stated with certainty. The request of the Agent to dīnam kīma şimdati (šuhuzu or qabû) for the Victim473 expresses his wish for legal involvement by the Recipient and justice for the

468 See K.R. Veenhof (1997-2000) 56. 469 Ibid, 55 470 This letter is published as CT 52, 111, and later as AbB 7,111, and discussed at length by C. Janssen (1991) in "Samsu-iluna and the Hungry Nadītums." Four copies of this text have been found. Also see discussion by S. Lafont (1994) 97ff. 471 See K.R. Veenhof (1997-2000) 62ff. 472 Ibid, p. 68ff. As one of his aims in this article is to show what specific decree a source referred to, which he does in §5 and §6, he states that there must be a link between the issue stated and the verdict demanded. 473 Although the terms qabû or šūhuzu express a different stage of a trial dīnam šūhuzu –the beginning, (to institute a lawsuit) and dīnam qabû the ende (to pronounce a verdict). It would be illogical to argue

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Victim. There appears to be no difference between asking a judge to institute a lawsuit (dīnam šuhuzu) or to institute a lawsuit according to şimdatum (dīnam kīma şimdati šuhuzu);474 they are the same request. The results of the long and short request are the same: the institution of a trial or the pronouncement of a verdict. Given that şimdatum are decrees or laws,475 what does the Agent gain by adding kīma şimdati? Is it possible that the Agent suggests to the person who is acting as judge "to institute a lawsuit according to şimdatum" in order to remind him to judge according to the law? That does not make sense, for how else could the judge arbitrate the case? Could the Agent have been accusing the judge of favoritism toward the other party and subtly reminding him that he should judge according to the law and not according to his personal biases? Such an understanding is improbable because it would imply that almost every Agent in the letters discussed in Chapter 3 thought that the judges were prejudiced.476 According to Veenhof's theory, we would have to argue that in each letter şimdatu refers to a particular law dealing with the specific problem raised in that letter.477 For example, in AbB 6, 124478 the Victim bought an orchard and the city took it away. The Agent's use of şimdatim would then refer to the specific decree that deals with the city taking away the property of a citizen.479 This understating is theoretically plausible, but in the context of the letters of the current study it has several flaws: 1. The argument that şimdatu is a reference to a specific law or decree implies that an Agent must know each and every one of the laws or decrees of the şimdatu, which is questionable (unless he himself works with the law).480

that the Agent who wrote dīnam šūhuzu meant only that the Rj should institute a lawsuit, without continuing the trial and pronouncing a verdict, which is true also for dīnam qabû. 474 Or the pairs dīnam qabû or dīnam kīma şimdati qabû. 475 Either collected in a law corpus (M. de J. Ellis) or individual decrees (Veenhof). 476 By contrast, in AbB 11, 183 the Agent clearly criticizes Rj by asking him whether he knew the law; see l. 21-23. 477 Contrary to M. de J. Ellis’s opinion. 478 See Chapter 3. 479 Veenhof mentioned AbB 6, 124 in §5 under the section of a reference to a possible decree on groundless claims, see K.R. Veenhof (1997-2000) 68. He mentioned AbB 9, 25 (discussed in Chapter 4) as a letter in which the reference is to a decree on the return of a dowry, ibid, 73. 480 In AbB 11, 183 the Agent raises concerns about the conduct of the recipient in a matter concerning the Victim, and asks: "ú-ul ti-de-a ki-ma i-na şi-im-da-at be-lí-ja a-we-TUM a-na pí-i ka-an-ki-šu1

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2. In five letters the problem at hand is not described at all, which means that the judge could not learn about the specific problem from the letter, but only upon meeting the Victim.481 Therefore, it is unlikely that the Agent refers to the specific law dealing with the injustice, as the problem has not been introduced in the letter. 3. In some letters there are further references, other than the term şimdatim, as the ground for the judge's verdict. In AbB 1, 120 the Agent refers to a document in the Victim's possession, as the prime source according to which a verdict should be rendered for him: "a-na pí-i ka-ni-ik DI.KUD.MEŠ KÁ-DINGIR.RAki ša PN na-šu-ú [di-nam ki-ma] şi-im-da- tim qí-[b]i-a-šu-nu-šim", "in accordance with the wording of the sealed document of the judges of Babylon, that PN holds, pronounce for them a [verdict according] to the law" (10-14).482 In AbB 7, 135 the Agent also refers to a tablet that the victim has as a source for a verdict: "a-na pí-i DUB-pí di-nim ša na-šu-ú[d]i-nam ki-ma şi-im-da-tim qí-bi- a-šum", "in accordance with the wording of the tablet of the decision that he carries, a verdict according to the law pronounced for him" (l. 9-10).483 In both letters the Agent explicitly states that the verdict should be given according the Victim's tablet, with the (a) words of the judges of Babylon, or (b) the words of the tablet containing the decision. This tablet could stipulate some type of decision or evidence that was produced at an earlier stage and given to the victim.484 The following tablet shows that in most letters discussed in Chapter 3 the problem is not specified, and therefore it is doubtful that in these letters şimdatu references are to the specific law dealing with the Victim's problem.

SILA3 še-a la iḫ-ḫa-ab-ba-lu-ú", "Do you (pl.) not know that according to the law of my lord, a man should not be deprived of (even) one quart of barley (that he is entitled to), according to the wording of his sealed documents?" (l. 21-23). In this letter it is possible that the Agent is actually quoting a specific law or regulation. 481 Or in a further letter, which may have been sent at a different time. 482 See Chapter 3. 483 See Chapter 3. 484 For a discussion of earlier material on the use of court procedures see R.A.Veenker (1974).

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Problem specified Problem not specified Uncertain: table unclear AbB 1, 120; AbB 6, 142 AbB 6, 71; AbB 6, 138 AbB 10, 161 AbB 7, 85; AbB 11, 101 AbB 7, 135; AbB 9, 6 AbB 11, 159; AbB 11, 183 AbB 11, 5; AbB 13, 143 AbB 11, 78; AbB 14, 184 Table 4: Letters in which the problem is specified or not in chapter 3

In the letters in Chapter 3 the Victim's problem is stated in less than half the letters.485 So if the Agent does not explain the Victim's problem and does not clarify his status or that of the property in question, as he does in the letters of previous chapters, on what grounds does he base his requests? What persuasive arguments, if any, does he state in order to strengthen his request from Rj? What statement in these letters would compel the judge to grant the Victim a trial and a solution? The answer to this question lies in the discussion of the term şimdatu. I have argued earlier that when the Agent uses the term ki-ma şi-im-da-tim he does not mean the precise law relating to the specific case he is presenting to the judge.486 Nevertheless, I would like to suggest that the use of şimdatu does refer to a precise law (decree, Common, or Statutory law) of another nature, namely the law that grants the right to be judged; to receive a trial and a verdict.487 We have no reference to such a specific decree or law in the LH or in any other law code of the OB period.488 But in light of Veenhof’s argument about the possibility of existing decrees that have not been found yet based on references in contracts and letters, there is no reason to doubt the existence of such a law, may it

485For comparison: in Chapter 1 the Victim's problem is stated in all the letters, and in Chapter 2 in 11 out of 12. In Chapter 2 the Victim's Problem is stated in the following letters: AbB 1, 120; AbB 6, 142; AbB 7, 85; AbB 7, 135; AbB 11, 101; AbB 11, 78; AbB 11, 183. Letters without information about the problem are: AbB 6, 72; AbB 6, 138; AbB 9, 6; AbB 10, 161; AbB 11. 5; AbB 14, 184. 486 This law changes from letter to letter, as the injustices suffered by the Victim are different. 487 Dombradi understood that the expression dīnam kīma şimdati šuhuzu refers only to accepting a case for trial, hence to judicial procedure. "Der Adressat soll…. und den şimdatu Verordnung entsprechend ein Prozess-verfahren gewähren," E. Dombradi (1996) Vol. II, n. 2065. 488 A short reference that such a custom/law –to grant judgment- may have existed is heard in Isaiah's preaching as he demands that the fatherless and the widow (the week ones in the society) should "לִמְדּו הֵיטֵ ב דִרְ ׁשּו מִׁשְ פָּט, אַשְ רּו חָּ מוץ;ׁשִפְ טּויָּתו ם, רִ יבּו ַאלְמָּ נָּה." :(receive judgment, (Isaiah 1:17 He complains that the judges do not judge the weak but prefere to judge those who can pay them a bribe for their work. "שָּרַ יְִך סו רְרִ ים, יוְחַבְרֵ גַנָּבִ ים--כֻּּלו א הֵ בׁש חַ ד, רוְ ףדֵ ׁשַ לְמנִים; יָּתו ם ֹלאיִׁשְ פ טּו, וְרִ יב ַאלְמָּ נָּה ֹלא- יָּבוא אֲ לֵיהֶ ם." "Thy princes are rebellious, and companions of thieves; every one loveth bribes, and followeth after rewards; they judge not the fatherless, neither doth the cause of the widow come unto them" (Isaiah 1: 23).

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have been a common law or one pronounced by the king.489 This is especially true, given numerous trials –records. It would be reasonable therefore to argue, that the legal system allowed people to turn to the courts for judgment, and that they were aware of this right. The population (or parts of it) knew that they had the choice of going before a judge if they were wronged and in this way achieve justice.490 Nevertheless, there was always a chance that a lawsuit would be rejected by a judge without pronouncing a verdict,491 as is shown in the following two letters, showing that Victims were not always granted the option of a lawsuit and a verdict. In AbB 6, 138 the Agent first asks Rj to "di-nam ki-ma şi-im-da-tim šu-hi-is-sú"," institute for him a lawsuit according to the law", and adds that if he should not institute a lawsuit for him (“šum-ma at-ta di-nam la tu-ša-aḫ-ḫa-as-sú,”), he will ask the citizens and his city to institute a lawsuit for him in the temple of Ea (l.12-19).492 In AbB 7, 135 the Victim took his document to have a verdict pronounced for him, which he did not receive: "di-nam ki-ma şi-im-da-tim ú-ul iq-bu-šum" (l. 5), and therefore the Agent asks Rj to pronounce a verdict for him (l. 10).493 It would seem that "dīnam kīma şimdati šūhuzu (qabû )" is a request to grant the Victim a lawsuit or verdict in accordance to the şimdatu, the decree or law that entitles every person to a court procedure, the right to be tried. This understanding is supported also by letter AbB 9, 6, in which the Agent asks: "a-wa-ti-šu maḫ-ri-ka li-iš-ku-un-ma, di-nam ki-ma ṣi-im-da-at be-li-ja ,i-ša-ri- iš šu-ḫi-iz-zu", "Let him file (submit) his case before you, and institute a fair case according to the law of my lord" (l. 9-12). The Agent's request to let the Victim submit his case before the judge, in connection with the use of şimdatu as justification and reinforcement of the quest, makes it clear that the Agent's foremost purpose is for the judge to receive the Victim and grant him a trial.

489 M.v.d. Mieroop writes that:"A Mesopotamian seems to have had the basic right to be judged by his or her peers …", see M.v.d. Mieroop (1996) 145. 490 Whether this law was known in oral or written form does not matter. It was a law or regulation known to at least those who appear in trial records and in other sources dealing with courts and lawsuits. See especially AbB 10, 6. 491 See E. Dombradi (1996) 98ff. 492 See Chapter 3. 493 See Chapter 3.

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To conclude, in the context of the letters presented in the current chapter494, the term şimdatu (with or without further specifications) refers not to a law relevant to the specific matter at hand, but to a decree or law495 stating that a person is entitled to receive a trial or verdict from the courts. In most of the letters in Chapter 3, the Agent bases his request not on information about the Victim, as in previous chapters, but by adding kīma şimdati to the request. The Agent implies to the judge that his request is based on the rights of the Victim to due process (trial, verdict) as guaranteed by şimdatu. Using this argument, the Agent attempts to persuade the Judge to institute a lawsuit for the Victim.496

III.4. The manner in which the Agent approaches Rj III.4.1. The Agent warns Rj In AbB 7, 85 the Agent informs Rj that the Victim has been treated unjustly by a collector (of dues, taxes, and other payments).497 The Agent asks Rj to institute a lawsuit for the Victim according to the law. The Agent then cautions Rj that it is better for the Victim's opponent not to wrong him, otherwise the Victim may turn to the King: "la i-ha-ba-lu-šu ki-ma šar-ri-im la ka-ša-di-im", "They should not wrong him, in order that he won’t turn to the King" (l. 16-17).

III.4.2. The Agent criticizes Rj In AbB 11, 5, after reminding Rj that he has investigated the case of his sister, the Agent criticizes him by asking: "a-w[a]ti-ša ta-mu-ur a-mi-ni d[i]-in-ša la ta-di- in", "You have investigated her case? Why did you not judge her case?" (l. 6-7). The Agent states further: "a-na bi-ti a-bi-i-ka ú-da-mi-iq ù at-ta ti-de-e am-mi-ni tu-uš-ta- hi-i-ša", "To your family I did a favor and you know it. Why did you slight her" (l. 8- 10), referring directly to the debt Rj owes to the Victim's family. The Agent continues in the same tone and demands of Rj: "d[i]-in-ša i-ša-ri-iš di-in-ma la tu-uš-ta-ha-a-ši

494 With the exception of letter 11, 183, in which the Agent may referred to a specific law. 495 Written or oral, included in a corpus of laws or not. 496 Also see discussion of this type of argument in Chapter 5 §V.3.3. 497 See CAD M/2 252, s.v., mušaddinu: "collector, collecting agent (or dues taxes and other payments)."

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a-na ha-ba-li-im la ta-na-di-iš", "Judge her fairly and do not slight her. Do not abandon her to be deprived of her rights." (l. 12-14) The Agent finishes his letter by asking Rj to send him a full report about the affair. Overall, the tone of this letter is very personal and harsh. The Agent repeats his criticism several times and reminds Rj of favors he received from the Agent's family. In AbB 11, 183 the Victim agrees to a reduction of his field after an inspection at which Rj was present (l, 15-20). This behavior is criticized by the Agent, who bluntly asks Rj: "ú-ul ti-de-a ki-ma i-na şi-im-da-at be-lí-ja a-we-TUM498 a-na pí-i ka-an-ki-šu 1 SILA3 še-a la iḫ-ḫa-ab-ba-lu-ú", " Do you(pl) not know that according to the law of my lord, a man should not be deprived of (even) one quart of barley (that he is entitled to), according to the wording of his sealed documents?" (l. 21-23). The Agent’s question insinuates misconduct on the part of the judge rather than lack of knowledge. The Agent then urges the judge to issue a verdict according to what Rj sees in the field, implying that the judge may have not examined it correctly.

III.4.3. The neutral approach to Rj The largest group of letters499 in this chapter belongs to the category of neutral approach, in which the Agent simply informs Rj about the Victim and the problem, and may also tell him that the Victim has been sent to the judge. After providing this information, the Agent makes the request.

III.5. The Agent’s request from Rj The Agent's main request in the letters included in this chapter is to obtain a legal proceeding for the Victim and a solution to the complaint. The Recipient is asked to institute a lawsuit, issue a verdict, settle a matter in court, and pronounce a fair judgment. In some cases, the Agent places further demands on Rj.

498 Is supposed to be LUM and see: AbB 11 p. 118 n. 183e. 499 12 letters out of the 14 in this chapter: AbB 1, 120; AbB 6,71; AbB 6, 138; AbB 6, 124; AbB 7, 85 (+ a warning); AbB 7, 135; AbB 9, 6; AbB 10, 161; AbB 11, 78; AbB 11, 101; AbB 11, 159; AbB 14, 184.

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III.5.1. The Agent asks Rj to examine the case In AbB 14, 184, before asking Rj to institute a lawsuit, the Agent requests that he: "a-wa-a-at dna-[n]a-a-ša-am-˹ha-at˺ am-ra-a-ma", "Examine the affair of Nanāya-šamhat" (l. 5-6). In AbB 11, 159 the Agent asks Rj to: "wa-ar-ka-at-sú-nu pur-sa-[ma]", "Investigate their case" (20-21) before he asks Rj to institute a trial for them.500 Both these requests, awātam amāru and warkatum parāsum, can refer to the preliminary examination of the court, when they examine the Victim's claim and evidence.501

III.5.2. The Agent asks Rj to send him a report In AbB 11, 5 the Agent wants to be updated about the case: "ù ţe-e-em-ša ga- am-ra-am me-he-er un-ne-du-uk-ki-ja [š]u-bi-lam", "Send me a full report about her, in response to my letter" ( 11,5).

III.5.3. The Agent asks Rj to resolve the dispute In AbB 11, 78, in addition to asking Rj to settle the Victim's dispute: "a-wa-ti- šu li-ig-mu-ur","settle his dispute" (l. 12-13), the Agent requests that Rj "ka-ni-ik di- nim ga-am-ri be-el a-wa-ti-šu li-še-zi-bu", "Let them have his adversary (in court) issue a document about the final verdict"502 (l. 14-16). The Agent wants to make sure that the Victim's dispute is settled and that the Victim's adversary will not bother him again.

III.5.4. The Agent requests Rj to solve the Victim's problem by means of a court procedure (lawsuit, trial, verdict) In most of the letters in this chapter, the Agent asks Rj to end the Victim’s dispute by using a court procedure, i.e., a lawsuit. Different phrases are used in the letters to express this request. Although these phrases may refer to different points in

500 For discussion of warkatum parāsum, see chapter 2, II.5.1. 501 For awātam amāru in the trial stage Introduction § 7.3. 502 See also CAD G 38, s.v., gamru: "kanīk dīnim ga-am-ri", "a sealed document concerning a settled law case."

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the lawsuit, the undertone of the request is the same, namely for the judge to try the Victim's case and pronounce a verdict, ending the Victim's dispute with his opponent.

III.5.4.1. Rj is asked to render a judgment (dīnim dânu)503 In AbB 11, 5 the Agent asks of Rj to: "dīnša i-ša-ri-iš di-in-ma", "judge her case fairly." In AbB 13, 143 the judge is asked to: "di-in-šu ki-ma ša a-na-k[u] (rev.) [az]-za-[a]z-z[u] l[i]-[d]i-i[n]", :may he judge his case, as if I were present myself."

III.5.4.2. Rj is asked to institute a lawsuit (dīnam…. šuhuzu)504 In 7505 letters of this chapter, the Agent uses the phrase dīnam…. šuhuzu to ask Rj to institute a lawsuit.

III.5.4.3. The Agent asks Rj to pronounce a verdict (dīnam…. qabû) 506 In 3 letters507 the Agent asks Rj to pronounce a verdict.

Chapter 3: Summary The Victim's options for obtaining help are similar to those in the previous chapters. In four letters a personal Agent is characterized. In two of the letters, the wronged person turned to a family member for help. One Victim turned to someone he may work for and who may be responsible for him. In one letter the Agent mentions that the Victim is not a stranger to him (AbB 13, 143). Nevertheless, the vast majority of letters in this chapter fall into the category of impersonal Agent; if the Agents have any connection to the Victim, they do not

503 See CAD D 100, s.v., dânu: "to judge, to render judgment (mostly with dīnu as object)." 504 For discussion of the term see Introduction § 7.2. 505 AbB 6, 138; AbB 6, 142; AbB 7, 85; AbB 9, 6; AbB 10, 161; AbB 11, 159; AbB 14, 184. 506 See CAD Q 22ff, s.v., qabû: "to speak, pronounce." For a discussion see Dombradi (1996) 354 f. 507 AbB 1, 120; AbB 7, 135; AbB 11, 101.

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state it. From some of the letters, however, it is possible to derive further information about the role of the impersonal Agent. In several letters the impersonal Agents are persons of authority who remit the case to other persons of authority and thus act as Agents.508 In AbB 6, 142, the Agent(s) are judges and in AbB 11, 159509 the Agent(s) are the mayor and the elders of Isin. Two Agents offer Rj a choice of judging the case or handing it over to another person of authority (AbB 6, 138 AbB 6, 142). In some of the letters510 the Agent informs Rj that he is sending the Victim and his opponent to him. The Agent asks to be kept informed and requests that Rj send him a report. As in previous chapters, some Agents may criticize or caution the recipient. However in comparison to chapters one and two there are less examples of such an approach toward the recipient.511 Although the Agents in this chapter have similar features to those in the previous ones (personal/impersonal Agents, warning and criticizing of the Recipient), overall there is a difference in malny details between these Agents and those of the previous chapters. In the vast majority of the letters, the Agent is of the impersonal type, so we cannot know whether a personal relationship exists between the Agent and the Victim. Most of the letters are short and more formal, less personal than those cited in previous chapters. The letters open with a formal greeting, followed by a short description of the problem (if at all) and the request for a lawsuit or verdict. The Agents base their requests primarily on the law, either demanding the Victim's legal rights (ki-ma şi-im-da-tim) or citing a specific law (AbB 11, 183); rather than providing Rj with information about the Victim (e.g.: his status, property, or the services he rendered to the crown) as in the previous chapters. These differences in the tone of the letters and in the use of a formulized, legal language by the Agents may imply that when approaching a judge in writing, a

508 For a discussion see Chapter 5, V.2.1. 509 See a further discussion in Chapter 5. 510AbB 6, 71; AbB 6, 138; AbB 10, 161; AbB 11, 159. 511 See Table 9 in Appendix 5.

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certain style was preferable. Most of the Agents in Chapter 3 were familiar with that short formulized style and they have (basic) knowledge of the law.

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Appendix 3- Texts to Chapter 3

AbB 1, 120 (CT 43 120) (obv.) 1. [a-di] a-na-ku i-n[a…] (while) I was in512 2. [u]h-hu… .. 3. mi-im-mu-ú É a-[bi-ia] property from my family513 4. il-te-qú-[ú] they took away."514 5. ki-a-am ú-lam-mi-da-a[n-ni] Thus he has informed me. 6. I RÁ.GAB aţ-ţar-da[m] A messenger515 I am sending to you. 7. at-ta UGULA DAM.GÀR.MEŠ You, the overseer of the merchants, 516 8. ù DI.KUD.MEŠ UD.KIB.NUN.KI and the judges of Sippar 9. i-zi-iz-za-ma stand together and 10. a-na pí-i ka-ni-ik DI.KUD.MEŠ in accordance with the wording of the KÁ.DINGIR.RAki sealed document of the judges of Babylon, 11. ša ip-qú—AN.NU.NI.TUM that Ipqu-Annunītum the overseer of the UGULA D[A]M.G[ÀR]. MEŠ merchants (of Babylon) 12. na-šu-ú (rev.) holds,517 13. [di-nam ki-ma] şi-im-da-tim pronounce a [verdict] for them 14. qí-[b]i-a-šu-nu-šim [according] to the law.518

519 The Victim: The family of Agent1 . Rj: the overseer of the merchants and the judges of Sippar.

The Agent1 A family member of the Victim (name not give).

The Agent2 The writer of this letter (name not give).

512 The proper beginning of the letter is missing. It seems that lines 1-4 are the description of the problem, of what happened to the Victim (the family) and the property. The family must have turned to someone in his family (Agent1), who then informs Agent2: "property from my family they took away."

Agent2 then writes this letter to Rj, requesting to pronounce a verdict. 513 See CAD A/1 73, s.v., abu: "family" and see further references there in , é abi. 514 See CAD L 143, s.v., leqû: "to take away property." 515 See CAD R 105, s.v., rakbûm: "messenger." 516 See CAD T 131, s.v., tamkāru: "assemble, you, the overseer of the merchants, and the judges of Sippar, and hand down a verdict to them according to the (royal) edict as directed by the wording of the sealed document (issued) by the judges of Babylon, which PN the overseer of the merchants (of Babylon) holds." 517 See CAD N/2 94, s.v., nasû: "according to the sealed document of the judges (of Babylon ) which PN holds." 518 i.e. as is their legal right. 519 The proper beginning of the letter is missing. It seems that lines 1-4 are a description of the problem of the Victim. The Victim must have turned for help to someone within his family (Agent1), who then informs Agent2. Agent2 then writes this letter to Rj, requesting to pronounce a verdict.

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P: The Property of the Victim was taken away. The Agent's request to Rj: to pronounce a verdict according to the law.

AbB 6, 71 (VAS 16 71)

(obv.) 1. a-na dEN.ZU—ma-gir To Sîn-Magir 2. qí-bí-ma say, 3. um-ma dx AB X GAL É.GAL—e-mu- thus (says ) dx AB X GAL é.gal— qá-šu-m[a] emuqāšu. 4. dUTU li-ba-al-li-iţ-ka May Šamaš keep you in good health. 5. aš-šum šu-ni-i-im About (what is) theirs 520 6. ša dEN.ZU—i-ri-ba-am (which) Sîn-erībam 7. ù u-bar-[r]u-um and Ubarrum 8. [i]t-t[a-a]d-nu-[š]u-nu-ti gave them.521 9. a-nu-um-ma [a]ţ-ţar-da-[a]k-ku13- Now I am sending them to you, šu-ni-ti 10. di-in dUTU šu-hi-s[ú-n]u-ti the law of Šamaš institute for them.522

The Victim: Sîn-erībam,Ubarrum. Rj: Sîn-Magir. The Agent: dx AB X GAL é.gal—emuqāšu. P: Not given. The Agent's request to Rj: to institute a case for The Victim.

520 See CAD Š/3 308, s.v., šunû: "belonging to them," (the line is cited there, only Akkadian.) Frankena translates: "Wegen des ihrigen der PN and PN2 zur Verfuegung gestellt hat." In the footnotes he writes; "Wohl ein zu den in Z. 6 f. genannten in irgedeinem Verhaeltnis stehender Man." Also see CAD D 102, s.v., dânu: "as to the judgment concerning PN and PN2 which you rendered the judges have now cleared them." Here CAD reads di-ni-i-im in line 5 and not šu-ni-i-im. This would be a clearer translation. 521 The meaning is not very clear, pehaps the subject of the problem. 522 See CAD A/1 178, s.v., ahāzu (5) with dīnu: "to take court (with šūhuzu) , to try a case."

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AbB 6, 138 (VAS 16 138) (obv.) 1. a-na i-ku-un—pí—dEN.ZU To Ikūn-pī-Sîn 2. qí-bí-ma say, 3. um-ma dMarduk—na-şi-ir-ma thus (says) Marduk- nāşir. 4. dUTU li-ba-al-li-iţ-ka May Šamaš keep you in good health. 5. pšu—dNIN.zadim SANGA.É.A Šū-Ninzadim, the sanga- priest of Ea 6. mal-gúmki of Malgum 7. aš-šum hi-bi-il-ti-[š]u has informed me of the injustice he 8. ú-lam-mi-da-an-n[i] suffered.523 9. a-nu-um-ma a-na şe-ri-[k]a Now I am sending him to you.524 10. aţ-ţar-da-aš-šu 11. šum-ma at-ta (rev.) If you (could) institute a lawsuit 525for him 12. di-nam ki-ma şi-im-da-tim according to the law.526 13. šu-ḫi-is-sú 14. šum-ma at-ta If you 15. di-nam la tu-ša-aḫ-ḫa-as-sú will not institute a lawsuit for him, 16. a-na DUMU.MEŠ a-li-šu qí-bi command the citizens527of his city,528 17. a-na É É.A li-ru-bu-ma so they may enter to the temple of Ea and 18. i-na É É.A in the temple of Ea 19. di-nam ki-ma şi-im-da-tim. to institute a lawsuit for him, according to 20. li-ša-ḫi-zu-šu the law529.

The Victim: Šū-Ninzadim. Rj: Ikūn-pī-Sîn. The Agent: Marduk- nāşir. P: Not given. The Agent's request to Rj: to institute a lawsuit for the Victim.

523 See, CAD H 179b, s.v., habiltu: "he informed me of the wrong (he suffered)." 524 Lit. toward you. And see also CAD Ţ 53, s.v., ţarādu: "to send." 525 See CAD Š/3 276 s.v., šumma: "if you (are able) give him a verdict in accordance with the regulations, or if you cannot give him a verdict speak to his fellow citizens." And also see; CAD D154, s.v., dīnu: "to bring suit." 526 i.e. as is their legal right. 527 Lit. sons. 528 See CAD M/1 315, s.v., māru: "say to his fellow citizens." 529 i.e. as is their legal right.

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AbB 6, 142 (VAS 16 142) (obv). 1. a-na [r]a-bi-a-n[u]-um To the mayor 2. ù ši-bu-ut u r uBU-lumki and the elders of the city530 of Bulum 3. qí-bí-ma say, d 4. um-ma i-bi— EN.ZU ù DI.KU5.MEŠ thus (say) Ibbī-Sîn and the judges from ararmaki -ma Larsa;531 5. pwa-tar—dUTU ki-a-am ú-lam-mi-da- Watar-Šamaš has thus informed me, an-ni 6. um-ma šu-ú-ma thus he (says): 7. iš-tu M[U].5.[K]AM "5 years ago 8. KIRI6 a-ša-am-ma I bought an orchard and 9. URU.k[i] ib-ta-aq-ru-ni-in-ni the city claimed532 it from me." 10. a-wa-ti-šu a-am-ra-a-ma (rev.) Investigate his case and 11. ki-ma şi-im-da-tim institute a lawsuit for him according to 12. di-nam šu-ḫi-za-šu the law.533 13. šum-ma e-pi-is-ku-nu-ši-im If he objects534 to you, 14. šu-a-ti ù be-el a-wa-ti-šu send him and his adversary to us.535 15. a-na şe-ri-ni 16. ţú-ur-da-nim

The Victim: Watar-Šamaš. Rj: the mayor and the eldest. The Agent: Ibbī-Sî and the judges. P: The Victim bought an orchard, the city took it away. The Agent's request to Rj: to institute a case for the Victim.

530 See CAD Š/2 393, s.v., šību: "to the mayor and the elder of the city." 531 Translated so by Frankena. 532 See CAD P 130, s.v., paqāru: "to claim." 533 i.e. as is their legal right. 534 Frankena translates:"Wenn es zu schwierig für euch ist." 535 See CAD A/2 43, s.v., amatu: "decide their case (or) send him and his adversary to us," and CAD E 190 s.v., epēsu: "investigate his case and provide justice for him according to the law, if he objects to you send him and his adversary to us," and CAD Ţ 56, s.v., ţarādu: "but if he objects to you send him and his adversary to us."

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AbB 7, 85536 (CT 52 85)

(obv.) 1. a-na a-bi-ia [qí-b]í-[m]a To my father say, 2. um-ma e-[tel]—Ka—d[Mard]uk-ma thus (says) Etel-pī-Marduk. d d 3. UTU ù Marduk [d]a-ri-iš u4-mi May Šamaš and Marduk for all days 4. a-bi li-[ba-a]l-li-ṭú keep my father in good health. 5. pa[p]-l[u]m ŠU.PEŠ GIŠ S[AR….]X Aplum the fisherman…. a garden 6. ša [DUMU].ME[Š (p)ţà]-ab—e-li— which the sons of Ţāb-eli-mātim…… ma-t[im] x [x] ba 7. nu-ma-[s]u i-na bi-[i]t mu-ša-di-nim He placed his household belongings537 8. iš-ku-un-ma it-ta-ak-ru-šu into the house of collector538, but they denied (this fact of) him539, 9. ù DU[B]-p[a]-š[u] iš-ri-qú (3 lines and his tablet they stole…. unreadable) (rev.) 13. be-el a-wa-ti-šu X m[a] His adversary … 14. di-nam ki-ma şí-im-da-tim May my father institute a lawsuit for 15. a-bi li-ša-hi-is-su him, according to the law.540 16. la i-ha-ba-lu-šu They should not wrong him, 17. ki-ma šar-ri-im la ka-ša-di-im in order that he won’t turn to the king. 541 18. a-bi di-nam May my father institute a lawsuit for 19. li-ša-hi-is-su him.

The Victim: The Fisher Aplum. Rj: My father. The Agent: Etel-pī-Marduk. P: A (tax) collector denies that the Victim brought valuables into his house. The Agent's request to Rj: to institute a case for the Victim.

536 Broken tablet, the script is not in a good condition. The supplements are uncertain. See AbB 7 85. 537 See CAD N/2 334f, s.v., namātu: "furnishing, household utensils." This letter is not cited there, but there are similar phrases. 538 See CAD M/2 252, s.v., mušaddinu: "collector, collecting agent (or dues taxes and other payments)." 539 See CAD N/1 165, s.v., nakāru (5): "to deny a statement, a fact." 540 i.e. as is their legal right. 541 For similar phrases see chapter 1, AbB 1, 129; "LUKUR dUTU šar-ra-am la i-ma-ha-ar," "(so that) d the nadītu of Šamaš does not approach the king." (l.14-15); and AbB 7, 59: "ZALAG2- UTU a-na šar- ri-im la i-za-ka-ra-ka", "Zalag –Šamaš should not mention you to the king." (l. 21-22)

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AbB 7, 135 (CT 52 135)542

(obv.) 1. [ p li]-ti-ib—li-ib-ba-šu ù Liţīb-libbašu and the judges of…543 DI.K[UD.MEŠ] x x 2. [aš-šu]m a-na pí-i DUB-pí di-nim "In order that according to the words of ša na-ši-a-ku the tablet with the court decision544 that I carry, 3. di-nam ki-ma şi-im-da-tim qá-bé-e- a verdict according to the law545 will be em pronounced for me." 4. il-li-ik-ma He went, but 5. di-nam ki-ma şi-im-da-tim ú-ul iq- a verdict according to the law 546 they did bu-šum not pronounce for him. 6. ki-a-am ú-lam-mi-da-an-ni (rev.) This he had informed me. 7. a-hi ip-qú-dša-la šu-a-ti The brother of that Ipqu-Šala 8. li-qé-er-bu-ni-ik-ku-nu-ši-im-ma should approach you (plural) and 9. a-na pí-i DUB-pí di-nim ša in accordance with the wording of the na-šu-ú tablet of the decision547 that he carries, 10. [d]i-nam ki-ma şi-im-da-tim qí-bi- a verdict, according to the law548 a-šum pronounce for him. 11. [ú-lu] a-na KÁ-DINGIR.RAki ţú- Or send him to Babylon and ur-da-ni-iš-šu-ma 12. [di-nu-u]m i-na KÁ-DINGIR.RAki let the verdict be pronounced for him in li-iq-qá-bi-šum Babylon.549

The Victim: brother of Ipqu-Šala. Rj: Liţīb-libbašu and the judges of ?? The Agent: Liţīb-libbašu and the judges of ?? P: not given. The Agent's request to Rj: to pronounce a verdict for the Victim.

Since a number of lines are missing, some of the facts about this letter are hard to establish. Who exactly are Liţīb-libbašu and the judges of ??, is that the Recipient- Judge or the Agent.

542 More than half of the tablet is missing. See AbB 7 135. 543 According to Kraus should be more them one addressee, see AbB 7 135, n. 135a. 544 See CAD Ţ 134, s.v., ţuppi dīni: "court decision." And see also CAD D 151, s.v., dīnu: "the tablet with the verdict (of the court)." 545 i.e. as is their legal right. 546 i.e. as is their legal right. 547 And see ibid. This tablet refers to the tablet mentioned in line 2. 548 i.e. as is their legal right. 549 See CAD Q 42, s.v., qabû: "let the verdict be pronounced for him in Babylon."

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AbB 9, 6 (YOS 2 6)

(obv.) 1. a-na dEN.ZU—i-din-nam To Sîn- Iddinam 2. qí-bí-ma say, 3. um-ma dMardu[k]-mu-ša-lim-ma thus (says) Marduk –mušallim. 4. dUTU ù dMardu[k] li-ba-al-li-ṭú-ka May Šamaš and Marduk keep you in good health. 5. ki-ma ti-du-ú [m] i-lí—dUTU PA sú-ti- As you know Şilli-Šamaš, the head of i-im the Sutians, 6. e-pí-iš ṣ[í]-bu-ti-ja carries out my wishes.550 7. i-nu-ma a-ša-pa-ru-šum Whenever I write to him, 8. ṣi-bu-ti ma-di-iš i-pu-uš he acts very much according to my wishes. 9. a-wa-ti-šu maḫ-ri-ka Let him submit his case before you, 10. li-iš-ku-un-ma and 11. (rev.) di-nam ki-ma ṣi-im-da-at be-li- institute a fair lawsuit551 according to 12. ja ,i-ša-ri-iš šu-ḫi-iz-zu the law of my lord.552

The Victim: Şilli-Šamaš. Rj: Sîn- Iddinam. The Agent: Marduk –mušallim. P: Not given. The Agent's request to Rj: to institute a fair case for the Victim.

550 And see a different translation in CAD E 218, s.v., epēšu: "as you know PN is not my agent, (but) when I write he will gladly do what I want." The transliteration of Stol differs from the CAD, which is older. 551 See CAD I-J 223f. s.v., išariš: "give him a fair judgment in accordance with the decree of my lord." And see reference for different translation in CAD Ş 195, s.v., şimdatu: "institute legal proceedings for them." 552 i.e. as is their legal right.

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AbB 10, 161 (Speleers Recueil 262) (obv.) 1. Px xx SANTANA ……the main gardener,553 2. aš-šum hi-bi-il-ti-šu he informed me of the wrong he 3. ú-lam-mi-da-an-ni suffered.554 4. a-[nu]-um-[ma] a-na şe-ri-ka Now I am sending him to you. 5. aţ-ţar-da-aš-šu 6. DI.KUD.MEŠ ša UD.UNUki May (8) the judges of Larsa 7. ù LÚ.MEŠ qá-aq-qá-da-at uriki and the heads of the city555 8. a-na É. DINGIR li-ru-bu-ma enter the temple and (rev.) 9. di-n[am] ki-ma şi-im-da-tim a lawsuit according to the law556 10 li-ša-hi-zu-šu institute for him.

The Victim: Not given. Rj: The judges of Larsa and the leaders of the city. The Agent: Not given. P: Not given. The Agent's request of Rj: to institutes a case for the Victim.

AbB 11, 5 (PBS 7 5)

(obv.) 1. a-na lú-ga-a To Lugā 2. qí-bí-ma say, 3. um-ma dUTU-GA-ar-x-ma thus (say's) Šamaš- gataš. 4. dUTU li-ba-al-li-iţ-ka May Šamaš keep you in good health. 5. aš-šum pba-ba-a a-ha-ti-ja Concerning Babā, my sister. 6. a-w[a]ti-ša ta-mu-ur You have investigated her case.557 7. a-mi-ni d[i]-in-ša la ta-di-in Why did you not judge her case?558 8. a-na bi-ti a-bi-i-ka To your family559 9. ú-da-mi-iq ù at-ta ti-de-e I did a favor and you know it. 560 10. am-mi-ni tu-uš-ta-hi-i-ša562 Why did you slight her?561

553 See R. Borger (2003) 363; "SANTANA=s/šandanakkum, Obergärtner." 554 See CAD H 179, s.v., habiltu: "he informed me of the wrong (he suffered)." 555 See CAD Q 107, s.v., qaqqadu: "the the judges and the leaders of the city enter the temple." 556 i.e. as is their legal right. 557 See CAD A/2 19f. s.v., amāru: "to my sister PN why did you not give a decision after you have investigated her case?" 558 CAD D 103, s.v., dânu: "why do you not render a decision in a favor?" 559 Lit. father's house. 560 See: CAD A/1 73, s.v., abu: "she has shown kindness to your family"; CAD D, 62, s.v., damāqu: "I have done favors to your family."

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11. aš-tap-ra-ak-kum I have written to you. 12. d[i]-in-ša i-ša-ri-iš di-in-ma Judge her case fairly and563 13. la tu-uš-ta-ha-a-ši do not slight her. 14. a-na ha-ba-li-im la ta-na-di-iš565 Do not abandon her to be deprived of her right. 564 15. ù ţe-e-em-ša ga-am-ra-am And a finial decision for her 16. me-he-er un-ne-du-uk-ki-ja in response to my letter 17. [š]u-bi-lam send me.

The Victim: Babā, (the Agent’s sister). Rj: Lugā. The Agent: Šamaš- gata.š P: Not given. The Agent's request to Rj: to pronounce a verdict about the Victim’s case.

AbB 11, 78 (PBS 7 78) (obv.) 1. a-na be-lí-ja To my lord566 2. qí-bí-ma say, 3. um-ma a-wi-il—Ištar- thus (says) Awīl-Ištar. 4. pna-bi—ì-lí-šu ÌR x be-lí-ja Nabi-ilišu, servant of my lord 5. qá-du ka-ni–ka-at ši-ma-tim together with the sales documents 6. ša be-lí i-ri-šu-šu that my lord has asked for 7. a-na ma-har be-lí-ja it-ta-al-kam has gone before my lord. 8. be-lí ka-ni-ka-ti-šu My lord should inspect his sealed 9. li-mu-ur (document).567 10. ki-ma di-nim ša ma-har be-lí-ja May my lord settle his dispute 11. i-ba-aš-šu-ú about his adversary (in court), 12. be-lí-ja a-na be-el a-wa-ti-šu according to the law that is before my 13. li-ig-mu-ur lord.568

561 See: CAD Š/3 400, s.v., šuta'û: "why did you slight her? Do not slight her; do not allow her to be deprived of her rights." 562 See AbB 11, 5 n. 5b: ši instead of ša . 563 See: CAD I-J 224, s.v., išariš: "give her a fair judgment, do not wrong her." 564 See: CAD H, 4, s.v., habālu: "do not allow her to be deprived of her rights." And CAD N/1 88, s.v., nadû: "to not expose her to unjust treatment." 565 Ši instead of š. 566 According to Sallaberger the title bēlī is a title a person uses when appealing to his ruler, see W. Sallaberger (1999) 56. 567 See CAD Š/3 2, s.v., šīmātu: "PN had arrived before my lord with the sealed purchase documents which my lord has requested of him, my lord should inspect his sealed documents." 568 See CAD D 153, s.v., dīnu: "may my lord render a final verdict for his adversary according to the pertinent legal practice (whose application) is in our power." And see also CAD G 26f, s.v., gamāru: "to make a final settlement of a dispute; may my lord settle (the matter) with his adversary according to the (previous) decision which is (applicable in this case) acceptable to my lord."

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14. ka-ni-ik di-nim ga-am-ri Let them have his adversary (in court) 15. be-el a-wa-ti-šu (rev.) issue a document about the final 16. li-še-zi-bu verdict.569 17. šum-ma da-ba-ba-ma ú-pa-ar-ra-ak If he raises objections,570 18. ka-ni-ik er-re-šu-tim may my lord have a contract concerning 19. be-lí li-ša-ak-ni-šum-ma the tenantship drawn up, and sealed for him. 571 20. a-me-ru-šu ma-har dUTU ù dMarduk All those who see him should bless my 21. a-na be-lí-ja li-ik-ru-bu lord before Šamaš and Marduk. 572

The Victim: Nabi-ilišu. Rj: my lord. The Agent: Awīl-Ištar . P: not given. The Agent's request to Rj: to render a final decision.

AbB 11, 101 (PBS 7 101) (obv.) 1. a-na a-we-lim To the gentleman573 2. qí-bí-ma say, 3. um-ma id-da-tum-ma thus (says) Iddatum. d d 4. UTU ù Marduk da-ri-iš u4-mi li- May Šamaš and Marduk keep you in good ba-al-li-ţú-[ka] health forever. 5. lu ša-al-ma-ta lu ba-al-ţa-ta May you be well and may you be healthy. 6. DINGIR na-şi-ir-ka re-eš-ka a-na May the god who protects you, (7) be 7. da-mi-iq-ti[m] li-ki-il available for you in your favor! 8. a-na šu-ul-mi-ka aš-pu-ra-am I have written about your well-being. 9. šu-lum-ka ma-ḫar dUTU ù dMarduk May your well-being last before Šamaš 10. lu da-r[ị] and Marduk ! 11. Par-du-um šà ERÉN NU.KÁRki Ardum one of the men of Nukar,574 12. ki-a-am iq-bi-a-am um-ma šu-ma spoke to me, thus he said: 13. SAL É na-ap-ţa-ri-ja "A woman of my bīt napţari575

569 And See CAD G 38, s.v., gamru; kanīk dīnim ga-am-ri; "a sealed document concerning a settled law case." And see CAD D 151, s.v., dīnu: "make his adversary issue a record of the final verdict." 570 See CAD P 159, s.v., parāku: "if he raises difficulties." 571 See CAD K 141f, s.v., kanāku: "my lord should have a contract concerning tenantship drawn up and sealed for him," and see CAD E 306, s.v., errēšūtu: "may my lord give him a sealed contract concerning the e.-tenancy." 572 See CAD A/2 6, s.v., amāru: "all those who see him should bless my lord before DN and DN2." 573 See CAD A/2 55, s.v., awīlu; "free man, gentleman." Also see Sallaberger for a discussion about the salutation of awīlum; W. Sallaberger (1996) 25; 64. 574 See AbB 11, p. 63, n. 101a: lit. "troop/workmen of Nukar (a geogr. name)." See Borger (2003) 385f: "ERIM= Gruppe, Truppe, Heer." 575 See CAD N/1 325, s.v., napţaru, and bīt napţari: "quarters for soldiers, also a typical residence for foreigners and other persons of the napţaru status and other people who live there"; "the women of my bīt napţari who has been paying (?) me for 20 years, said “I do not wish it” and she has entered the

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14. ša iš-tu MU.20.KAM i-ip-pa-la-an- who has been answering576 to me for 20 ni years 15. um-ma ši-ma ú-ul li-ib-bi(lo.e.) (said) thus: '( It is) no (longer) my wish.' 577 16. mi-im-ma GIŠ ḫa-aţ qá-ti-ja She took away all that I had appropriated 17. il-qé-e-ma (rev.) (to her) of my (few) provisions578 and 18. a-na É şú-ḫa-ri ša UŠ.KU.M[A]H to the house belonging to the servant of an-nu-ni-tum the chief singer579 of Annunītum 19. i-te-ru-ub she entered." 20. ki-a-am iq-bi-a-a[m] Thus he spoke to me. 21. Par-du-um šu-a-ti I dispatched that Ardum to you. 22. a-na ma-aḫ-ri-ka aţ-ţar-dam 23. ša-ap-ti-šu ši-me-ma Listen to his words580 and 24. di-nam ki-ma şi-im-da-ti pronounce (26) (for her) a verdict 25. ša ma-aḫ-ri-ka i-ba-aš-šu-ú according to the laws that exists in front 26. qí-bi-ši-im-ma of you and 27. [x x x] x x x x x … the rest broken.

The Victim: Ardum. Rj: the gentleman. The Agent: Iddatum. P: The Victim complains that woman has taken away some of his provisions. The Agent's request to Rj: to pronounce a verdict about that woman.

AbB 11, 159 (PBS 1/2 10) (obv.) 1. a-na a-ab-bi-ni DI.KUD.MEŠ To our father the judges 2. ša EN.LÍLki of Nippur 3. qí-bí-ma say, 4. um-ma ra-bi-a-nu-um ù ši-bu thus (say) the mayor and elders of [Ì].S[I.I]Nki-ma Isin.

house of the boy of the chief singer of Annunītum." See Also CAD Ş 234, s.v., şahāru: "a private female household servant of mine ,who had answered my (orders) for 20 years, has taken away all that I have appropriated (to her) of my few provisions and has entered the house of a servant of the chief musician of DN (as his wife)." 576 See CAD Ş 234, s.v., şahāru: "answered," and CAD N/1 325, s.v., napţaru: "paying (?) me." 577 Lit. "(it is) not my heart", and see translation AbB 11, p. 63: "(It is) no (longer to) my liking." 578 There is a different collation: is-ha-at di-qá-ti-ja. And see AbB 11, p. 62 n. 101 b. Some of the references in the CAD use this collation. See CAD D 107a, s.v., daqqātu: "I do not wish it" she took away…all that I had appropriated (to her) of my (few) provisions." And see as well CAD I-J 191, s.v., išihtu: "she took away all the assignments (I had made for her), of my (few) provisions (uncert.)." 579 Stol trans.: " lamentation-priest." But see CAD G 19f. s.v., galmāhu: "chief singer of dirges ( in the temple)" and the text is mentioned there p, 20a. 580 See CAD Š/1 486, s.v., šaptu: "utterance, speech, command."

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d d 5. UTU ù GU.LA da-ri-iš u4-m[i] May Šamaš and Gula keep our father 6. a-ab-bi-ni li-ba-al-li-ţú in good health forever. 7. PSIG—dDA.MU [ù d]u-ul-lu-qum Ipiq-Damu and Dulluqum 8. NAM.TAM.ŠÈ KÙ.BABBAR iš-t[u]- ….silver for a partnership. r[u]-m[a] 9. it-ti [um]-mi-a-nu-um Together with financier581 10. ú ul l[u]/m[a] nim ma they….here. 11. um-ma SIG—dDA.MU-ma (lo. e.) Thus (said) Ipiq-Damu: 12. [K] Ù.BABBAR IA-ú-um "the silver is mine, 13 ú-ul ša um-mi-a-nim (rev.) not of the financier's." 14. [um-m]ą du-ul-lu-qum-ma Thus (said) Dulluqum: 15. KÙ.BABB[A]R ša um-mi-a-nim ù ši-bi "the silver is of the financier's and the x582x583 witnesses….". 16. aš-šum ą-w[a]-a-t[um] m[a]-d[i-iš x x Because the case is very…. x] 17. w[a]-ar-k[a]-sí-na ú-ul ni-i[p-r]u-[us] We did not investigate the case, 18. [ù] di-nam ú-ul nu-ša-ḫi-sú-[nu]-tị and the a trial we did not institute a trial for them. 19. ą-n[a] [ş]e-er a-ab-bi-ni ni-iţ-ţar-d[a]- To our father we send them. šu-nu-ti 20. wa-ar-ka-at-sú-nu Investigate their case and 21. pur-sa-[ma] 22. di-in i-na qá-ti-ku-nu according to the law in your hands, 23. ị-ba-aš-šu-ú (u. e.) 24. [š]ų-ḫi-za-š[u]-n[ų-t]i institute (a lawsuit) for them. 584

The Victim: Ipiq-Dumu and Dulluqum (From the context it is not possible to decide which one is the Victim and which one is his opponent. They both are named coming together to the person of authority for trial). Rj: the judges of Nippur. The Agent: the mayor and the elders of Isin. P: a quarrel between two about silver. The Agent's request to Rj: to investigate their case and institute the law for them.

581 See CAD U 108ff, s.v., ummânu: "investor, financier." 582 Like M[A], see AbB 11, 159, n. 159a. 583 Like ende of ERÉN, see ibid, n. 159b. 584 See CAD A/1 178, s.v., ahāzu (5) with dīnu: "to take court (with šūhuzu), to try a case."

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AbB 11, 183 (UCP 9 343)

(obv.) (one or more lines lost) ….. 1 qí-[bí-ma] say,585 2 um-ma mu-nạ-wi-[rum-ma] thus (says) Munawwirum. 3 dUTU li-ba-a[l-li-iţ-ku-nu-ti] May Šamaš keep you in good health. 4 aš-šum a-wa-a-at ì-lí-ma x [x] x x Concerning the case of Ilīma, ru 5 ša ú-lam-mi-da-an-ni-ma about which he has informed me. 6 DUB-pí ú-ša-bi-la-ak-ku-nu-ši- I sent my tablet to you (pl.) and im-ma 7 ki-a-am ta-aš-pur-ra-a-nim thus you (pl.) wrote me. 8 um-ma at-tu-nu-ú-ma Thus you (pl.) (said): 9 a-na ì-lí-ma ni-iq-bi-i-ma "we spoke to Ilīma 10 um-ma ni-nu-ú-ma thus we said: 11 Puzur4-DINGIR a-na A.ŠÀ it-ti-ni ‘Let Puzur-ilim go down to the field with 12 li-ri-id-ma (lo. e.) us, and 13 A.ŠÀ-ka i ni-GU 586-ur let us see your field. 14 ú-ul im-gu-ra-an-ni-a-ti He refused us (our proposal).587 15 A.ŠÀ ni-mu-ur-ma(rev.) We inspected the field and588 16 ù a-ša-ar A.ŠÀ-[im] he repeatedly agreed 589 to (receive) instead 17 a-na IGI.4.GÁL a-na IGI.3. GÁL of the (entire) field one fourth (or) one-third 18 [ị]m-ta-ag-ga-ar (of the field). 590 19 x x am ni-ka-s[a]-am im-ta-ḫa-ar xx He actually accepted the accounting."591 20 ša ta-aš-pur-ra-a-nim (That is) was you (pl.) wrote me. 21 ú-ul ti-de-a ki-ma i-na şi-im-da-at Do you (pl.) not know that according to the

585 Two or more people are being addressed. 586Mistake for MU, see AbB 11 p. 118 n. 183d. 587 See CAD M/1 35, s.v., magāru: "to comply with a request, to consent, to give permission, (for an action or to a person), negated: to refuse to accept a judgment, a proposal)." And see further reference p. 36: "let PN come down to the field with us and we will rent your field ú-ul im-gu-ra-an-ni-a-ti." 588 See CAD A/2 16, s.v., amāru: "we have inspected the field." Schorr states that in trials concerning land (buying) the judge sends a local witness and checks the land register and the measure of the plot, see M. Schorr (1913) 349. 589 See CAD M/1 41, s.v., magārum: "to agree with each other"; "he kept on agreeing to (a field rent of) less then one third of the (yield)." 590 Lines 16 – 19 are difficult to understand. However they are very important as they report the cause of the problem which brings the Victim to seek legal help, and upon which the Agent later criticizes the Rj in lines 21-23. The cause of the problem has to be connected to the Agent's criticism. His criticism revolves around the fact that according to the law, the amount of what is written in a man's sealed document, may not be reduced. This reduction of Victim's field, has to be somehow reflected in lines 16-19. Since the beginning of line 19 is broken, we are missing an important piece of information, and we cannot know why he has agreed to the reduction. The translation here (l. 16-19) tries to reflect the idea expressed in lines 21-23. Stol's translates: "18) he repeatedly agreed 17) to one-fourth (or) to one- third 16) instead of the field. 19) he actually accepted…". 591 See CAD N/2 223, s.v., nikkasu: "account, result."

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be-lí-ja law of my lord, 22 a-we-TUM593 a-na pí-i ka-an-ki- a man, should not be deprived by (even) 23 šu one quart of barley (that he is entitled to),

1 SILA3 še-a la iḫ-ḫa-ab-ba-lu-ú according to the wording of his sealed documents?592 24 di-nam DI ma i-na A.ŠÀ-im ta- The verdict,594 as to what you see in the mu-ra field, 25 D[I …]x595 –sa-ma pass. 26 […]x –ku-nu-ú (remainder broken off)

The Victim: Ilīma. Rj: not given. The Agent: Munawwirum. P: The Victim turns to the Agent after his field has been reduced in size. The Agent's request to Rj: to pronounce a verdict about the Victim’s field

AbB 13, 143 (obv.) 1. a-na dEN.ZU—ú-sé-li To Sin-uselli say, 2. qí-bí-ma 3. um-ma É.A—la-ma-sí-[m]a thus (says) Ea-lamassī. 4. dUT[U] ù dxxxx May Šamaš and…. 5. aš-šum-ia li-ba-al-li-ţ[ú-k]a keep you in good health on my account. 6. a-wi-lum pli-pí-it— É.A The honorable Lipit-Ea 7. ú-ul na-ka-ra-am is not a stranger to me. 8. a-na pi-bi— dEN.ZU qí-bí-m[a] To Ibbi-Sin say: 9. di-in-šu ki-ma ša a-na-k[u] (rev.) may he judge his case, as if I were present 10. [az]-za-[a]z-z[u] myself. 11. l[i]-[d]i-i[n] 12. ù at-ta-a-[ma] And as for you, 13. [a-na] a-li-šu la t[a-(al)-la-ak] do not go to his city, 14. [a]wi-lum i[t[a[l-kam (since) the gentleman596 has arrived. 15. DUB-pí a-wi-l[im] And the gentlemen's tablet 16. a-na pi-bi— dEN.ZU <<ú-š[a]>> to Ibbi-Sin

592 See CAD Ş 195 s.v., şimdatu: "do you (pl) not know that according to the ş. of my lord (the king) the wording of a sealed document cannot be infringed even by the amount of one sila of barley"; also see CAD k 153, s.v., kanku: "that according to the regulation issued by my lord the case is (to be judges) according to the wording of a sealed document." 593 Is supposed to be LUM and see: AbB 11 p. 118 n. 183e. 594 See Stol : AbB 11, 183, n. 183f, di-< na>-ma ,or :ki-ma. And reference to di-nam di-na in CAD D 102, s.v., dânu. 595 See AbB 11, 183 n. 183g: "Vertical; end of sign. [.. pu-u]r-sa-ma?" 596 Lipit-Ea, see l. 6.

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17. ú-ša-bi-lam I sent. 18. a-ah-ka e-li-šu la ta-na-an-di Do not neglect him.597

The Victim: Lipit-Ea. P: Not given.

The Agent1: Ea-lamassī.

The Agent2: Sin-uselli (the Recipient of this letter).

Agent1's request to Agent2: to speak to Ibbi-Sin, so he may give his verdict, to the Victim.

AbB 14, 184 (TCL 18 130)

(obv.) ki 598 1. a-na DI.KU5.MEŠ UD.x To the judges of Adab 2. qí-bí-ma say, 3. um-ma dEN.ZU-i-din-nam-[ma] thus (says) Sîn-idinnam. 4. dUTU li-ba-al-li-iţ-[ku-nu-ti] May Šamaš keep you in good health. 5. a-wa-a-at dna-[n]a-a-ša-am-˹ha-at˺ Examine the affair of Nanāya-šamhat, 6. am-ra-a-ma 7. di-nam and institute for her a lawsuit 8. ki-ma şi-im-da-at be-lí-ialo. e according to the law of my lord.599 9. šu-hi-za-a-ni[m]600

The Victim: Nanāya-šamhat. Rj: the judges. The Agent: Sîn-idinnam. P: Not given. The Agent's request to Rj: to institute a case for the Victim.

597 For similar phrase see CAD A/2 147, s.v., anumma: "anumma ahka elija la tanaddi", "now then do not be negligent of my affairs." 598 Veenhof stats: "meaning uncertain, but the most likely reading of the signs", see AbB 14, 184, n. 184a. 599 i.e. as is their legal right. 600 Veenhof suggests šūhizāni[šši], see AbB 14, 184, n. 184d.

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Chapter 4 Letters involving the Agent, the Victim, Rw, Rh, and Rj

The letters in this chapter follow the Victim-Agent-Recipient (Rw, Rh, Rj) model of communication but are written from a different point of view. Whereas the letters in Chapters 1-3 are written by the Agent,601 those presented in this chapter are written by various people, but follow the same model. In this way the letters provide us with further information about the interaction between the participants and their influence on each other.

IV.1. The Agent writes to the Victim AbB 1, 92 is written by an Agent (Šamaš-mušēzib) to the Victim (Amat- Kallatim), who had a legal dispute about a field with another woman: "aš-šum A.ŠÀ- im ša at-ti ù na-ra-am-ta-ni ti-iş-bu-ta-ti-na", "in regard to the field that you and Narāmtani quarrel about" (l. 5-6). The two women may have been sisters fighting over an inheritance, as implied in the last lines: "ap-lu-tum şe-he-er-tum ù ra-bi-tum a-na UD.KIB.NUNki ú-ul i-ba-aš-ši", "Inheritance of young and older does not exist in Sippar" (l. 16-17).602 The Agent informs the Victim that he has written and sent letters: "a-na DUMU UD.KIB.NUN ki DUB-pí ù DUB -pí TAB.BA-tum ú-da-ni- nam-ma uš-ta-bi-lam", "(I sent) a letter to Mār–Sippar, and a letter of Tappatum I reinforced and sent" (l 7-8), and until he comes the field will not be divided: "a-di a- la-kam A.ŠÀ-am ú-ul i-zu-za-ki-na-ši-im", "Until I will arrive, he603 will not divide the field between you" (l. 9). The Agent explains to the Victim that when he arrives in Sippar, he will accompany her to the judges and they will examine her case in court, approach the palace, and compensate her for the loss she has suffered. He finishes the letter by informing the Victim about the local law/regulation concerning the dispute.

601 The letters containing two Agents may have been written by Agent1 to Agent2, or by Agent2 to the Recipient. 602 See AbB 1, 129 in Appendix 4 for a further discussion. 603 "He" is one of the people mentioned in l.7, and is responsible for the division of the field. By writing the letter, the Agent makes sure that the process of dividing the field is halted until he (the Agent) arrives. Whether "he" is the wrongdoer who wants to divide the Victim's field unjustly or one of the judges mentioned later, cannot be determined with certainty.

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From the context of the letter, the following sequence of events can be reconstructed: the Victim had a problem concerning the field and turned to the Agent for help. The Agent wrote a letter as stated (l. 7-8)604, then wrote back to the Victim informing her about what he had done up to that point, and what was going to happen in the future. The letter does not provide the information necessary to determine whether the Agent belongs to the category of personal or impersonal Agents, nor what information he included in the letter he mentions in l. 7. But we can tell from the letter that he has knowledge of the court system and the laws prevailing in Sippar, as he informs the Victim about the court procedure605 and the local law.606 Moreover, the Agent holds a position that enables him not only to validate and reinforce someone else's letter but to delay the division of a field until his arrival. AbB 9, 50 is written by the Agent (Tišanātum) to the Victim (Munawwirum), who is being harassed by the head of the river district (l. 15) on account of difficulties he has with his half-brother (l. 5-16). The Agent informs the Victim that he has approached a figure of authority on behalf of the Victim and promises that he will not be harassed any longer: "a-na a-wi-lim aq-bi-ma DUB-pu-um ša a-wi-lim a-na i-din- dEN.ZU it-[ta-a]l-kam ú-ul i-ta-ar-ma aš-šum şú-ha-r[i]-im [š]u-a-ti ú-ul ú-da-ab- ba-ab-ka", " I talked to the gentleman and a Tablet of the gentleman607 went off to Iddin-Sin. He won't return and will not harass you again about that youth” (l. 18-23). The following events may be reconstructed based on the information supplied by the letters:608 in front of the assembly, the Victim removed his half-brother from the position of an adopted son. After some years, the brother discredited him somehow, and as a consequence the Victim is being harassed by the head of the river district. The Victim then turned for help to the Agent, who spoke with a certain awīlum about the Victim's problem. The awīlum then wrote a letter to "Iddin-Sin,"609

604 Which may have looked like the letters in Chapters 1-3. 605 Examining her case and receiving compensation for her loss. 606 The fact that he informs the Victim about this law, not only shows his knowledge of the law but also implies that he knows that the law may be different in other places, and hence the need to inform the Victim. 607 Here a member of the palace bureaucracy (line 16); see F. Kraus (1973) 116ff. 608 The Agent goes back and forth in time: he recounts what the Victim has written to him earlier (as is often the case in letters), what he has done, and the future outcome of his actions. 609 It is not directly stated, but from the context of the letter it is possible to assume that Iddin-Sin is the head of the river district, as he is the one mentioned in connection with harassing the Victim by forcing

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after which the Agent informed the Victim that he would not be harassed any longer about his half-brother. The sequence of events described in the two letters is consistent with the model of communication, especially the letters in Chapter 2 in which the Agent approaches a figure of authority and asks him to deal with the Victim's wrongdoer.610 The difference between these letters and the ones discussed earlier lies in the addressee: these letters are written by the Agent and addressed to the Victim, therefore describing what happened after the Agent had been approached by the Victim for help and after the Agent had turned to a higher authority. In both letters the Agent informs the Victim that he has succeeded in advancing the cause of the Victim, which is, writing letters to the authority who can deal with the problem.611 He further informs the Victim what the resolution to his problem will be. In AbB 1, 92 the Agent informs the Victim that a court verdict is held up until they come and then the court will grant a compensation, and in AbB 9, 50 the Agent informs the Victim that he will not be harassed anymore.

IV.2. The Victim writes to the Agent In AbB 11, 106 the Victim (a woman whose name is not given) is owed barley by another person (Abazi).612 The woman is holding another female in custody as "debt slave" 613 as security for the barley. The owner of the "debt slave" (or someone on his behalf) writes to the Victim telling her to send the "debt slave" and that she will receive the barley: "aš-šum SALni-pu-tim ša iš-pu-ru-nim… SALni-pu-tim ţ[ú]-ur-di še- am ú-ša-ab-ba-la-ki", "Concerning the (female) "debt slave" about whom they wrote to me... dispatch the "debt slave". He will send you the barley." (15-18) Nevertheless, the person did not send her the barley, so she turns to an Agent and asks him for

him to make payments to the palace (l. 15). He is mentioned later as the person whom awīlum approached, after which he stopped harassing the Victim (l. 19-23). 610 See the letters AbB 9 38, AbB 11 90 in Chapter 2, both addressed to an awīlum. 611 A similar letter in content is AbB 2 104 (CT 4 39d). The Agent writes to the Victim, informing him that he has issued a claim on his account in front of the honorable awilim abi şābi. See for further discussion chapter 5 §V.2.3.2. 612 Possibly, according to line. 24-29. 613 See CAD N/2, 249, s.v., nipûtu: "distress (i.e. person or animal taken as distress)." Using the word distress or disrtainee as does the CAD is perhaps outdated. The meaning of holding this woman is as a pledge for what is owed her. I prefer "debt slave."

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advice about getting the barley: " SALni-pu-us-sú a-ţa-ra-as-sú-ma še-am i-na šu-bu- lim i-na-ha", "(If) I dispatch his "debt slave" to him, will he relent, in sending the barley?614" (l. 21-23). She further asks the Agent to write to the judges he knows and have them tell the owner of the barley to give her the barley: "a-na a-we-le-e DI.KUD.MEŠ ah-hi-ka ša a-wa-ti-ja iš-mu-ú šu-pu-ur-šu-nu-ši-im-ma a-na a-ba-zi li-iq-bu-ni[m]-ma še-am li- ša-bi-lam-ma SALni-pu-us-sú lu-uţ-ru-sú", "Write to the honorable judges your colleagues, who have heard about my case, and let them tell Abazi to send me that barley so that I may dispatch the "debt slave" to him" (l. 24- 29). She complains that she has fed the "debt slave" for five months and warns that she will release her. She ends the letter asking whether the owner of the "debt slave" is perhaps in jail. The Victim may have chosen this specific Agent because she knew that he has connections to the judges who have heard about her case. Whether the Agent is himself a judge, holds some kind of office within the court system, or has some other type of authority, in the eyes of the Victim he is the appropriate person to consult and ask to plead for her with even higher authorities, the judges.615

IV.3. The Judge writes to the Agent In AbB 3, 21 the writer of the letter, the judge (Apil-ilim) informs the Agent (Šū-Amurrum) regarding the matter in which the Agent has written to him earlier: "aš-šum pú-tul—Ištar ša ta-aš-pu-ra-am pa-na-nu-um ", "Concerning Utul-Ištar, (about whom) you616 wrote to me earlier." (l. 6-7) In the earlier letter the Agent requested to institute a lawsuit on the account of the Victim who was in a dispute with his brother:617"di-nam lu-ša-hi-is-sú-nu-ti", "institute a lawsuit for them" (l. 9).

614 The translation here is uncertain. Not all the references are clear in the context of the letter. I think that in the context of the letter, we should read i-na-ha as "he will relent, he will be appeased," (see also CAD N/1, s.v., nâhu), as the Victim weighs her options, pondering out loud about if she were to dispatch the "debt slave" to the owner would he relent and finally send her the barley he owes her. For different translations see CAD N/2 134, s.v. na'u: "to shout (with joy or pain); if I send him the woman in distress for him, he… will send the barley." See Stol AbB 11 106: "Should I dispatch his distress to him, he will do nothing about sending the barley." 615 Will be further discussed in Chapter 5§ 2.2.1. 616 The Agent. 617 The subject of the dispute may have been mentioned in the broken lines 15-18.

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The judge informs the Agent that he has written to the Victim frequently, but the Victim did not appear before his court: "aš-TAP618-na-pa-ra-šum-ma ú-ul i-il-la- kam", "I wrote to him again and again (but) he did not come to me" (l. 10), nor did the Victim meet with the judge's messenger (l. 11-12). At the same time, the brother of the Victim approached the judge and told him his side of the case, expecting to receive a judgment (l. 13-20).619 The judge then informs the Agent that although the Victim did not come despite the letters he (the judge) had written to him, because the Agent had send a letter he did not finalize the lawsuit in favor of the brother: "aš- [šum l]a il-li-kam ù DUB ta-aš-pu-ra-am di-nam a-n[a] a-hi-šu ú-ul ag-mu-ur", "Because he did not come to me, and (since) you sent me a letter, I did not complete a lawsuit for his brother" (l. 21-24). The judge again asks the Agent to send the Victim and his brother to him for a judgment: "šu-ri-a-aš-su-ú-ma di-nam lu-di-in-šu-nu-ti", "Have them620 sent to me (so) I may issue a verdict for them" (l. 25-26), and finishes the letter by adding that the brother of the Victim was unhappy with his decision (not to complete the lawsuit) and threw the letter the Judge had send him into the water (l. 27-32). The following events can be gleaned from the context of the letter. Two brothers had a dispute which they want to resolve in court. One of the brothers turns to an Agent who writes to the Judge about his problem. The Judge responds to the Agent's request by writing to the Victim, asking him to come and see the Judge, but for reasons unknown, the Victim does not appear before the Judge. Meanwhile the Victim's brother approaches the judge asking for a lawsuit, but the judge does not complete the lawsuit in favor of the brother because of the Agent’s intercession in favor of the Victim. The judge urges both parties to come to him. The brother is upset by the Judge’s conduct and throws the Judge’s letter into the water. Although the letter provides no information about the relationship between the Agent and the Victim, the advantage of approaching a judge through an Agent is clear. Two parties to the dispute approach the Judge: the Victim through the Agent (in a letter), and the Victim's opponent, his brother, directly. Despite the fact that the

618 Mistake for TA, see AbB 3 p. 16, n. 21a. 619 The text is mostly broken in these lines, except for lines 19-29: "[mi-it-h]a-ri-iš [n]i-zu-uz", "we divided between us." 620 Probably referring to both brothers.

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Victim does not comply with the Judge’s instruction (to come to him), the judge does not complete the lawsuit in favor of the Victim's brother because of the letter he receives from the Agent.621 We do not know who prevailed in the trial, and the partiality of the judge may have extended only to the process of initiating the trial, that is, he would not grant a lawsuit until he heard both sides. Nevertheless, the fact that the case was first introduced to the Judge by the Victim's Agent caused the Judge to show added consideration for the Victim. In AbB 9, 25 the writers of the letter are the judges of Babylon, who write to the Agent concerning the case of a woman's lawsuit (the Victim) about returning her dowry. The judges inform the Agent that they have investigated the case of the Victim and questioned her opponent, and have instituted a lawsuit for them. Finally, they ordered the return of the dowry to the Victim and sent a soldier with her to make sure the order is followed. No information is given about the relationship between the Agent and the Victim, and the Agent may have been a representative of some council (city, the elders) as the letter is addressed in the plural. The function of the Agent in this letter is to receive the information about the verdict and make sure that with the help of the soldier the Victim can retrieve her dowry. He may be a single person helping the Victim by maintaining contact with the judges, or a representative of some type. In either case, he is looked upon as the person who must deliver the information about the Victim's right to her dowry, and it is expected of him to make sure the Victim receives what the judges ordered.

621 "ù DUB ta-aš-pu-ra-am di-nam a-n[a] a-hi-šu ú-ul ag-mu-ur", "and (since) you sent me a letter, I did not complete a lawsuit for his brother" (l. 22-24).

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IV.4. Discussion of a dossier I discuss here a dossier published in AbB 12622 to show that a person named Ilšu-ibni appears once as a Victim and once as an Agent. The discussion focuses on Ilšu-ibni and stresses the letters that show the situations in which he is a Victim and those in which he functions as an Agent. By cross-referencing all letters, the following figures and relationships emerge: The Victim, Ilšu-ibni623 works for Nabium-nāşir

Agent1, Iluni, the Victim's overseer, also works for Nabium-nāşir

Agent2, Nabium-nāşir, is the employer of the Victim and probably 624 also of Agent1 The wrongdoer is Ipqu-ilišu, the judge.

IV.4.1. Ilšu-ibni as a Victim The following events can be reconstructed from the letters AbB 12, 2; AbB 12, 3; AbB 12, 7:625 In AbB 12,2626 the Victim (Ilšu-ibni) has been wronged by a judge (Ipqu- ilišu), as the judge spoke against him in the assembly.627 Seeking help with the

622 AbB 12, 2; AbB 12, 3; AbB 12, 5; AbB 12, 6; AbB 12, 7; AbB 12, 9; AbB 12, 72. 623 Ilšu-ibni is the employee of Nabium-nāşir (Agent2). See also AbB 12, 72 l.32: "A.ŠÀ a-na DINGIR-šu—ib-ni be-el pí-ha-ti-ia", "…the field to Ilšu-ibni, my chargé d'affaires." See CAD P 361, s.v., pīhatu: "referring to a person in charge, the person responsible, in charge of the affair." He is in charge of various fields (getting the field ready before the winter); "la-ma š[a-at-tum i]t-[t]a-[a]l- LU(Mistake for KU), A.ŠÀ šu-a-ti šu-ta-ak-šid-ma", "Get this field ready before the year is over" (AbB 12, 8, l.12- 14); "[i-hi-i]d-ma la-ma ša-at-tum it-ta-al-ku [A.ŠÀ š]u-a-ti li-iš-ta-ak-ši-id", "so that he will get the field ready before the year is over" (AbB 12, 72, l. 36-37). In AbB 12, 5 he is in charge of dealing with an ox sale, and in AbB 12, 6 he is asked by Nabium-nāşir to go to the fields and to collect barley. See also: " DINGIR -šu–ib-ni èr-ka", "Ilšu-ibni your servant." (AbB 12, 5, l. 24) 624 Both Agents can be characterized as personal Agents because they know the Victim from work, one as his overseer, the other as his employer. See also Chapter 2 regarding two Agents between the Victim and the recipient. 625 Mainly reconstructed from AbB 12, 2; AbB 12, 3; AbB 12, 7, which are brought fully in the Appendix to this chapter. Because some of the people mentioned in the letters are not always mentioned by name, we cannot determine with certainty the position of each person, but must use context and cross-examination of many letters of this group. 626 This letter is written by Agent1 (Iluni) to the Victim (Ilšu-ibni). 627 p See AbB 12,2: " ip-qú-ì-lí-šu DI.KU5 i-na pu-úh-ri-im ma-ga-al id-bu-ba-am li-iš-ša-ap-ra-am- ma", "Ipqu-ilišu the judge has spoken at length against me in the assembly." (l. 6-7).

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injustice he has suffered he turns to Agent1 (Iluni), who is in charge of him as his overseer.628 629 In this letter Agent1 informs the Victim that according to his request he has approached the gentleman:630 "a-na a-wi-lim aq-bi-ma", "To the gentleman I talked" (l.10), and that he has sent several letters on the gentleman's behalf to the judges and to other persons of authority: "a-na a-wi-lim aq-bi-ma ţup-pí a-wi-lim a-na d GAL.UNKEN.NA a-na ip-qù— na-bi-um ŠU.I ţup-pa a-na ţe4-mi-šu a-na d EN.ZU—re-me-ni DI.KU5 ù ţup-pí pu-úḫ-ri a-na a-wi-le-e DI.KU5.MEŠ ", "To the gentleman I talked, and a letter (on) the gentleman's behalf for the director631 to Ipqu- Nabium the barber; (and) a letter to Sin-rēmēni the judge for his information and a letter of the assembly to the honorable judges I confirmed and sent." Furthermore, the Agent informs the Victim that the gentleman will tell the King about the litigation: "a-na zi-mi da-ba-bi ša i-še-em-mu-ú a-wi-lum šar-ra-am ú-la-am-ma-ad", "According to the litigation that they will hear, the gentleman will inform the King." (23-25) The gentleman must have told the King about the injustice that the wrongdoer 632 (Ipqu-ilišu) has inflicted upon the Victim, because in AbB 12,3 Agent1 updates the Victim about what has been done, and notifies him that the gentleman has been informed and that a letter has arrived from the King ordering the wrongdoer to come to city.633 By cross-referencing with other letters (mentioned above), the identity and the position of the gentleman mentioned by Agent1 can be traced as follows:

628 Iluni tells Ilšu-ibni (the Victim) what to do workwise. He informs the Victim regarding the tax he should pay and about the money and fruit he is sending him (AbB 12, 7 l. 26-33). Iluni tells Ilšu-ibni to get the field ready (AbB 12, 3, l. 15). 629 "li-iš-ša-ap-ra-am-ma ar-ka-at da-ba-bi-ia li-ip-pa-ri-is", "May a written order be issued so that my complaint may be investigated." (l. 7-8) 630 In AbB 12, 2 Iluni informs the Victim that he has sent a strongly worded letter on the gentleman's behalf. He further informs the Victim that the gentleman will inform the king about the litigation. Both these statements attest to the connection between Iluni and the gentleman (Nabium-nāşir). Iluni may be some kind of "personal secretary" in charge of his workers and giving them instructions, but also informing the gentleman about the workers’ concerns and writing letters on his behalf. 631 See Borger (2003) 362 GAL.UKKIN.NA=mu'irru: "ein hoher Beamter". And see CAD M/2, 178ff, and 194f, s.v., mu'irru: "commander, director." 632 Written also by the Agent1 to the Victim. 633 Probably Babylon, as stated in AbB 12, 7.

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634 1. The gentleman to whom Agent1 refers to is most likely Nabium-nāşir , as in letter AbB 12, 7, which is written by Nabium-nāşir to the Victim. Nabium-nāşir states that on account of the Victim’s words, he (Nabium-nāşir) has complained to the King, and the King has sent a letter to summon the wrongdoer to Babylon: "ad-bu- um-ma ţup-pí be-lí-ia a-na ip-qú—ì-lí-šu šu-a-ti a-na KÁ.DINGIR.RAki šu-li-i-šu i- 635 il-la-kam şi-bi-it ţe4-mi-ri-ši", " I complained, and a letter from my Lord to that 636 Ipqu-ilišu went to Babylon (l.10-16). This mirrors what has been written by Agent1 in letters AbB 12, 2-3. 2. Furthermore, in the situation described in the letter the gentleman (Nabium- nāşir) does not deal with the wrongdoer directly but refers the problem to the King, and therefore functions as Agent2. To conclude, the three letters show that the Victim turned to his overseer

(Agent1), who turned to his employer (Agent2, who in this case is also the Victim's employer). Agent2 referred the Victim's problem to the King. This model of communication is described in the introduction of Chapter 2.

IV.4.2. Ilšu-ibni as an Agent In AbB 12, 9 Ilšu-ibni writes a letter to "my lord"637 concerning an Ubar- Nabium (the Victim), who has been wronged by his brothers. The brothers complained about him before the "a-wi-lim a-bi ERIM", "the honorable personnel manager." Ilšu-ibni informs his Lord about what he will have the Victim (and another herald) do: "ú-ša-aş-şa-ra-ma638la ú-x-[x]-x-ú", "I will have (them) keep watch so they will not …(rest broken)", which implies that Ilšu-ibni may have some kind of responsibility over them (including the Victim). Ilšu-ibni asks his Lord to help the

634 Also assumed by Stol, see AbB 12, p. 3, n. 2a; and p. 5, n. 3a. 635 The King, according to line 18; see also AbB 12, 7 n.7a. 636 In this letter Nabium-nāşir informs Ilšu-ibni as he writes: "aš-šum ša ta-aš-pu-ra-am um-ma at-ta- ma", "concerning what you wrote to me, thus you (said)." The Victim may have written both to Iluni

(Agent1) and to Nabium-nāşir, or Iluni may have forwarded the Victim's letter. But because there are other letters in which Nabium-nāşir responds to a letter written by Ilšu-ibni, it is possible that Ilšu-ibni wrote not only to Iluni about the affair with the judge but also wrote to Nabium-nāşir directly. 637 It seems reasonable that "my Lord" implies his employer Nabium–nāşir, as he talks about the oxen of my Lord, which are well. Their work relationship is clear from other letters: AbB 12, 5, AbB 12, 6, AbB 12, 8. 638 See CAD N/2, 46, s.v., naşāru (Š): "to order somebody to guard duty."

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Victim by turning to the a-wi-lim a-bi ERIM639 and asking him to investigate the matter:"be-lí ki-ma ra-bu-ti a-na a-wi-lim a-bi ERIM l[i-i]q-bi-ma da-ba-[a]b-šu [l]i- in-na-me-[er]", "May my Lord in accordance with (your) high position speak to the honorable personnel manager so that his complaint may be investigated640 (l. 14- 15).

Ilšu-ibni, who here is Agent1 for the Victim (Ubar-Nabium), considers that if his Lord, who has a high position (he can approach the king and make him summon a judge to Babylon), will turn to the wi-lim a-bi ERIM on the Victim's behalf, this wi- lim a-bi ERIM may hear his case and take his side and not that of his opponent.641 The events in both situations described above (Ilšu-ibni as Victim and as Agent) follow the model of communication as represented in Chapter 2: the Victim turns to Agent1, who turns to Agent2, who asks for help from a person of authority. This group of letters shows that a person can be a Victim and turn to an Agent for help, but can also become an Agent for someone else who suffers some injustice. In these letters both Victims (Ilšu-ibni and Ubar-Nabium) chose as Agent someone they knew from work.

Chapter 4: Summary In addition to providing further information about the Agent and his knowledge of the court system and of the laws prevailing in Sippar and in other places, the letters in this chapter reveal significant details about the Agent-Victim and Agent-Judges relations. Agent-Victim The Agent keeps the Victim up to date with information about what he has done: writing letters, reinforcing letters written by others, and writing to the appropriate persons. He also informs the Victim about the consequences of his

639 See CAD Ş 51, s.v., abi şābi: "an official in charge of personnel," and see A. Walther (1917) 158. 640 The complaint of the Victim, Ubar-Nabium. 641 For a further refrence of abi ERIM as an official see TCL 1 164, and see See CAD Ş 51, s.v., abi şābi: "an official in charge of personnel."

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actions, tells him what is going to happen,642 and asks him to prepare for what lies ahead.643 From the context of AbB 11, 106, written by the Victim and addressed to the Agent, we understand why the Victim chose her Agent: she knew that the Agent had connections to the judges who have heard her case, and therefore may have believed that the Agent was most likely to succeed on account of his acquaintances with the judges. This connection to the judges may have been a crucial factor in choosing an approaching an Agent.

Agent-Judge In two instances in the letters of this chapter, a court procedure has been dellayed because the Agent represented the Victim's case: a field would not be divided until the Agent arrived644 and the judge delayed a lawsuit for the Victim's opponent because he received a letter from the Agent.645 This shows the influence the Agent had on the recipient. In the case of the judge, not only did the judge write letters to the Victim requesting him to come, and to the Agent informing him about the Victim's and about his own conduct in the matter, but he also delayed the Victim's brother in the lawsuit. The judge clearly showed partiality toward the Victim who was represented by the Agent.

642 A court procedure and being compensated (AbB 1, 92); not being harassed anymore (AbB 9, 50); the King will summon the wrongdoer to Babylon (AbB 12, 7). 643 "şi-bi-it ţe4-mi ri-ši ša pa-ni-ka na-a[p]-li-is-ma", "Take action Be prepared for what lies ahead of you and" (AbB 12, 9; l. 16-17). 644 AbB 1, 92 l. 9. 645 AbB 3, 21, l. 21-24.

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Appendix 4: Texts to chapter 4

AbB 1, 92 (CT 43 92) 1. a-na GEME-ka-la-tim To Amat- Kallatim 2. qí-bí-ma say, 3. um-ma dUTU-mu-še-zi-ib-ma…. thus (says) Šamaš- mušēzib. 4. dUTU ù dMarduk li-ba-al-li-ţú-ki May Šamaš and Marduk keep you in good health. 5. aš-šum A.ŠÀ-im ša at-ti In regard to the field that you 6. ù na-ra-am-ta-ni ti-iş-bu-ta-ti-na and Narāmtani quarrel646 about, 7. a-na DUMU UD.KIB.NUNki DUB- (I sent) a letter to Mār –Sippar, and a pí ù DUB-pí TAB.BA-tum letter of Tappatum 8. ú-da-ni-nam-ma uš-ta-bi-lam I confirmed and send.647 9. a-di a-la-kam A.ŠÀ-am ú-ul i-zu- Until I will arrive, he648 will not divide za-ki-na-ši-im the field between you. 10. i-na a-la-ki-ia When I will arrive, 11. a-na DI.KUD UD.KIB.NUNki to the judge of Sippar (and) 12. ú-ţa-ha-ki-na-ti-ma I will escort you.649 13. a-wa-ti-ki-na i-ma-ru-ú-ma They will examine your case, and 14. É.GAL i-ka-ša-du-ma approach the palace and650 15. hi-bi-il-ta-ki ú-ga-ma-ra-ki-im will compensate you for your651 loss. 16. ap-lu-tum şe-he-er-tum ù ra-bi-tum Inheritance of young and older 652

646See CAD Ș 34ff, s.v., şabātu; tişbutu: "to quarrel, to become involved in a lawsuit", "ana mê ti-iş- bu-ta-ni", "we have a quarrel concerning the (irrigation) water." 2 See CAD D 85 b, s.v., dunnunu: "to reinforce, make valid, binding." Other examples of ţuppum and the verb dunnunu are given (from the OA). 648 It seems that "he": is one of the people mentioned in l.7, and one of them is responsible for the division of the field. By writing the letter the Agent makes sure that the process of dividing the field in question is stopped, until he (the Agent) himself arrives. 649 See CAD Ţ 78 b, s.v., ţuhhū: "When I come I shall escort you to the judges of Sippar (and they will deal with our case)." 650See CAD K, 276 a, s.v., kašādum: "they will approach the palace and compensate you for your loss." 651 See CAD H, 179 f., s.v., habiltu: "damage. Loss caused by unlawful action." 652See CAD A/2 177 f., s.v., aplūtu: "there is no right to inheritance for daughters in Sippar, be they the eldest or not." In general an inheritance was divided amongst all heirs equally; see BL 324ff, yet different law's existed in different parts of Mesopotamia. R. Harris writes: "The manner in which inherited property was divided in Northern Mesopotamia and cities such as Sippar differed fundamentally from that of the Southern cities such as Nippur and Ur. Whereas the practice in the South was to give preferential right to the eldest son, estates in the Northern were divided equally." She then brings this letter as an example and explains that: "The writer of the letter assures Amat- Kallātim, who must be the younger sister that she need not fear. She will be compensated for the property of which she has been wrongfully deprived for the institutions of inheritance of young and older (which distinguishes between sister) does not exist in Sippar," see R. Harris (1975) 362f. This translation, which Harris acknowledges, differs from the CAD is more reasonable, since if the Victim was not entitled to the inheritance there would be no reason for turning to the court (l. 9) or to receive compensation. The writer merely explains to Amat- Kallātimm on account of which law she is entitled

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17. a-na UD.KIB.NUNki ú-ul i-ba-aš-ši does not exist in Sippar.

The Victim: Amat- Kallatim The Agent: Šamaš- mušēzib P: The Victim has a quarrel between with another woman.

AbB 3, 21 (TLB 4 21) (obv.) 1. a-na šu-dMAR.TU ra-i-im a-wi-le- To Šū-Amurrum, a friend of people e 2. ša dNa-bi-um ú-ba-la-ţú-šu whom Nabium keeps (him) safe 653 3. qí-bí-ma say, 4. um-ma a-píl—DINGIR-ma thus (says) Apil-ilim. d d 5. UTU ù Marduk da-ri-iš u4-mi-im May Šamaš and Marduk keep you in good li-ba-al-li-ţú-ka health forever! 6. aš-šum pú-tul—Ištar ša ta-aš-pu-ra- Concerning Utul-Ištar, (about whom) you am wrote to me, 7. pa-na-nu-um ki-a-am aš-pu-ra-kum earlier,654 thus I wrote you. 8. um-ma a-na-ku-ú-ma li-il-li-ku- I said that they655 should come to me nim-ma 9. di-nam lu-ša-hi-is-sú-nu-ti (so that) I would institute a lawsuit for them. 10. aš-TAP656-na-pa-ra-šum-ma ú-ul i- I wrote to him again and again (but) he il-la-kam did not come to me, 11. ù it-ti ma-ri ši-ip-ri-ja and with my messengers 12. ú-ul in-n[a-ma-ar] he does not meet. 657 13. ù a-hu-šu ki-a-[am i-na ma-ah-r]i- And his brother thus he laid (his case) ja before me, thus he (said): 14. iš-ku-un u[m]-ma š[u-ú-ma]

to receive the same as her sister. For the inheritance of daughters see: BL 335f, which state that: "…it may be inferred from certain passages in the law themselves and from various documents that daughters did in fact sometimes share the paternal estate with their brothers." And further (ibid p. 337): "Moreover in certain documents of the first dynasty daughters who are not described as priestesses not infrequently share with their brother are assigned a share by them." Also see Harris (1975) 368 f, and see Z. Ben-Barak (2006) for a discussion of women who inherited. One cannot know whether Amat- Kallātimm and her sister belong to a class of women priestesses or not, yet it is clear that their dispute is about a field which was somehow either taken, or is to be divided in such a way that made Amat- Kallātimm turn to the Agent for (legal) help in dealing with her loss/ injustice. 653 See CAD B 61, s.v., bulluţum: "to spare, to pardon, to keep safe." Can also meen: "to provide with food, and see CAD B 61, s.v., bulluţum (7). 654 See CAD P 78, s.v., panānum: " (adv.) earlier, formerly." 655 Probably meaning the two brothers who are in dispute. 656 Mistake for TA, see AbB 3 p. 16, n. 21a. 657 See CAD M/1 261, s.v., mār šipri: "he does not meet with my messenger."

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( 15-17 broken) (rev.) 18. [xxxx –k]a la IB-r[u-x] "Your […..] he/they did not [….] 19. [mi-it-h]a-ri-iš We divided between us." 20. [n]i-zu-uz 21. aš-[šum l]a il-li-kam Because he did not come to me, 22. ù DUB ta-aš-pu-ra-am and (since) you sent me a letter, 23. di-nam a-n[a] a-hi-šu I did not complete a lawsuit for his 24. ú-ul ag-mu-ur brother. 25. šu-ri-a-aš-šu-ú-ma Have them658 send him to me, 26. di-nam lu-di-in-šu-nu-ti (so) I may issue a verdict for them. 27. ù ki-ma pa-ni di-in la ub-ba-lu And as I saw that (to) the verdict he659 did 28. a-mu-ur not forgive660. 29. ù ţup-pí ú-ša-bi-il-šum-ma and (so) I sent him my letter. 30. um-ma šu-ú-ma Thus he661 said: 31. ţup-pa-am a-na me-e "I threw the letter into the water".662 32. ad-di

The Victim: Utul-Ištar The Agent: Šū-Amurrum P: The Victim has a quarrel between with his brother

AbB 9, 25 (YOS 2 25) (obv.) 1. a-na mu-ha-ad-du-um To Muhaddûm 2. qí-bí-ma say, 3. um-ma DI.KUD.MEŠ thus (say) the judges of Babylon. KÁ.DINGIR.RAki-ma 4. dUTU ù dMarduk li-ba-al-li-ţú-ku- May Šamaš and Marduk keep you663 in nu-ti good health! 5. aš-šum di-nim ša pDINGIR-šu-i-bi-< Concerning the lawsuit of Ilšu-ibbišu šu >DUMU ÌR -dEN.ZU son of Warad-Sin 6. ù pma-at-ta-tum and Mattātum. 7. a-wa-ti-šu-nu ni-mu-ur-ma We have investigates their case and 664

658 In the letter the writer (the judge) sometimes uses singular, probably meaning Utul-Ištar and plural referring to both brothers. 659 The brother. 660 See CAD A/1 18, s.v., (w)abālum with panu: "to forgive; e.g.: "ana ištiššu pa-ni-šu ub-ba-lu", "one should forgive him the first time." 661 The brother. 662 See CAD N/1 72, s.v., nadû: "I throw the tablet into the water." 663 Masc. plural. This is either a mistake or Muhaddûm is thought to represent a community. 664 See CAD A/2 19, s.v., amāru: "as to the suit of PN against PN2, we (the judges of Babylon) investigated the matter."

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8. di-nam ki-ma şi-im-da-at be-li-ni instituted a lawsuit for them according 9. nu-ša –hi-iz-zu-nu-ti-ma to the law of our lord. 10. mi-im-ma nu-du-un-na-a-am We ordered665 that all the dowry 11. ša pma-at-ta-tum that Mattātum 12. a-na ma-ar-ti-ša id-di-nu-ma gave to her daughter and 13. [a-n]a É DINGIR-šu-i-bi- šu has brought to the house of Ilšu- 14. ú-[š]e-ri-b[u] (rev.) ibbišu666, will be returned to Mattātum 15. a-na ma-at-ta-tum 16. tu-ur-ra-am ni-iq-bi 17. AGA. U[Š] i[t]-ti-ša ni-iţ-ţar-dam We have sent a soldier667 with her and 18. mi-i[m]-ma ba-al-ţa-am ša i-na-an- let them give (20) whatever part (of the na in-na-aţ-ţa-lu dowry) remaining in tact and which is now available 668 19. a-na ma-at-ta-tum to Mattātum. 20. li-id-di-nu

The Victim: Mattātum, The Agent: Muhaddûm P: The Victim has a legal dispute about returning her dowry.

AbB 9, 50 (YOS 2 50) obv. 1. a-na mu-na-wi-rum To Munawwirum 2. qí-bí-ma say, 3. um-ma t[i]-ša-na-tum-ma thus (says) Tišanātum. 4. aš-šum ša ta-aš-pur-am um-ma at- Concerning what you wrote to me, thus ta (you): 5. um-mi na-di-tum şú-ha-ra-am "My mother, a nadītu-woman, adopted a 6. a-na le-qú-tim il-qé-e-ma youth and669 7. şú-ha-rum šu-ú şi-ta[m i]r-ši-ma that youth ran670 away, and

665 See line 16. And see qabû as an order given by judges in CAD Q 36, 4c, s.v., qabû. 666 See CAD N/2 310, s.v., nudunnû: "all the dowry which PN gave her daughter when she brought her

into PN2's house." 667 See CAD R 247, s.v., rēdû: "we ordered that whatever PN gave to her daughter as a dowry was to be returned to PN, we have sent a bailiff with her"; and see CAD Ţ 52, s.v., ţarādu: "we have sent a soldier along with her." 668 See CAD B 69, s.v., balţūtu: "whatever part (of the dowry) remaining in tact and which is now available (lit. which can be seen) they should return to PN." Stol translates: "all the valuables that are now to be seen." 669 See CAD N/1 64, s.v., nadītu: "my mother a nadītu adopted a boy." The translation in CAD L 208, s.v., liqûtu: "my (foster) mother a nadītu adopted (me when I was a ) youth", does not make sense.

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8. 20 ši-bu-ut a-lim ú-pa-ah-hi-ir- I assembled twenty elders of the town on šum-ma his account and, 9. a-wa-a-ti-šu ma-ah-ri-šu-nu aš- laid his case before them and671 ku-un-ma 10. aš-šum şú-h[a-rum] šu-ú şi-tam ir- removed him from (his) position of being 11. šu-ú lo.e. iš-tu MU.3.KAM i-na ah- (my) brother, three years ago672, because 12. hu-ti[m] at-ta-sa-ah-šu (rev.) that youth ran away. 13. i-na-an-na il-li-ik (But) now he has gone (and) 14. ú-ga-al-li-il-ma he discredited (me),673 and 15. um-ma ša-pí-ir ÍD-ma the head of the river district674 has said 16. a-li-ik-ma É.GAL a-pu-ul 'Go and pay the palace'." 17 ša ta-aš-pur-am (This is) what you wrote to me. 18. a-na a-wi-lim aq-bi-ma I talked to the gentleman and 19. DUB-pu-um ša a-wi-lim a tablet of the gentleman675 20. a-na i-din-dEN.ZU it-[ta-a]l-kam went off to Iddin-Sin. 21. ú-ul i-ta-ar-ma He won't return and 22. aš-šum şú-ha-r[i]-im [š]u-a-ti will harass you no more about that 23. ú-ul ú-da-ab-ba-ab-ka youth.676

The Victim: Munawwirum

The Agent1: Tišanātum.

The Agent2 : awīlim. P: A boy who had run away from his (adoptive) mother and has been removed from being a brother made trouble for the Victim through the head of the river district

670 See CAD R 203, s.v., rašû: "my mother adopted a boy.., (but) that boy has (now) left," and see CAD Ş 221, s.v.şītu: "PN adopted a manservant but that manservant has run away," and see ibid 233, s.v şuhāru: "my mother a nadītu woman adopted a servant but that servant ran away (so) because that servant ran away I disinherited him (lit. removed him from his brother-status) three years ago." 671 See CAD A/2 40, s.v., amātu (awātum): "I assembled for him twenty elders of the city and laid his case before them"; and see CAD P 28, s.v., pahāru: "I assembled twenty elders of the city (in that matter) concerning him"; see CAD Š/2 393, s.v., šību: "I have assembled twenty city elders regarding his case (lit. him) and laid his case before them." 672 See CAD A/1 187, s.v., ahhūtu: "three years ago I removed him from the (legal) position of a brother (of mine)." 673 Stol translates: "he became evil", yet the CAD refers this line to: CAD Q 57, s.v., qalālu: "to discredit (qullulu), so it would seem that a better translation could be: he discredited (me)." 674 See CAD Š/1 454, s.v., šāpir (nārim): "a governor of the river system." 675 Here a member of the palace bureaucracy (line 16); c.f. F R. Kraus (1973) 116ff. 676 See CAD D 2, s.v., dabābu: "he will not pester you again, about that servant."

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AbB 11, 106 (PBS 7 106) (obv.) (beginning broken off) 1. š[u]ku k[a-ş]a-tim ù l[i]-li-a-tim At the morning and evening offering 2. ma-har be-lí-ja ù be-el-ti-ja before my Lord and my Mistress 3. a-na ba-la-ţi-ka ak-ta-na-ra-ab I always pray for your health. 4. si-li-ih-ta-ka eš-me-e-ma I have heard about your illness677 and 5. na-áz-qá-a-ku i-mi-it-tam I am worried. May my Lord and my 6. ù šu-me-lam be-lí ù be-el-ti Lady at your right and left not neglect 7. a-na na-şa-ri-ka a-ja i-gu-ú watching over you.678 679 8. u4-mi-ša-am i-na nu-ri Every day, at the light 9. ma-har šar-ra-at UD.KIB.NUNki before the queen of Sippar 10. ak-ta-na-ra-ba-ak-kum I pray for you again and again.680 11. e-le-nu-uk-ka a-na ma-an-ni-ja On whom is my attention turned more 12. uz-na-ja i-ba-aš-ši-a than you? 681 13. ki-ma be-lí-ja ù be-el-ti-ja As (if you were) my Lord and my Mistress 14. uz-na-ja i-ba-aš-ši-a-ni-kum my attention is turned to you. 15. aš-šum SALni-pu-tim ša iš-pu-ru-nim Concerning the (female) "debt slave"682 about whom they wrote to me, 16. ……. SALni-pu-tim (lo.e.) 683 "…….dispatch the "debt slave". He684 17. ţ[ú]-ur-di še-am will send you the barley.685 18. ú-ša-ab-ba-la-ki (rev.) 19. SALni-pu-us-sú ú-pa-sú686-um-ma I keep his "debt slave" in custody for him 687 but 20. še-am ú-ul ú-ša-bi-lam he did not send the barley. 21. SALni-pu-us-sú (If) I dispatch his "debt slave" to him, 22. a-ţa-ra-as-sú-ma 23. še-am i-na šu-bu-lim i-na-ha will he relent, in sending the barley?688

677 See CAD Š/2 279, s.v., šemû: "I heard of your illness." 678 See CAD E 49, s.v., egû: "May my Lord and my Lady at your right and left not neglect watching over you"; see CAD I-J 119, s.v., imitta: "Let my Lord and my Lady not neglect to protect you everywhere (lit. to the right and to the left)"; and see CAD N/2 40, s.v., naşāru: "Let my Lord and my Lady not fail to protect you." 679 At dawn, perhaps. 680 See CAD N/2 351, s.v., nūru: "every day in the morning (?) I pray incessantly for you before the Queen of Sippar." 681 See CAD M/2 216, s.v., mannu: "apart from you upon whom of mine should my attention be turned." 682 See CAD N/2, 249, s.v., nipûtu: "distress (i.e. person or animal taken as distress)." Using the word distress or disrtainee as does the CAD is perhaps outdated. The meaning of holding this woman is as a pledge for what is owed her. 683 First half of line erased. 684 Probably Abazi mentioned in line 27. 685 See CAD N/2 250, s.v.nipûtu: "send (fem.) the woman, the distress, I will send you the barley." 686 Second vertical at the end lacking 687 See CAD P 9, s.v., pâdu: "send a woman as distress and I will remit the barley to you."

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24. a-na a-we-le-e DI.KUD.MEŠ Write to the honorable judges 25. ah-hi-ka ša a-wa-ti-ja your colleagues, who have heard about 26. iš-mu-ú šu-pu-ur-šu-nu-ši-im-ma my case,689 and 27. a-na a-ba-zi li-iq-bu-ni[m]-ma let them tell Abazi 28. še-am li- ša-bi-lam-ma to send me that barley so that 29. SALni-pu-us-sú lu-uţ-ru-sú I may dispatch the "debt slave" to him. 30. ITU.5.KAM-i SALni-pu-tam I have been giving food to the distress 31. ú- ša-ka-al-ma for five months, 32. ša še-am la ub-lam if he does not bring me the barley 33. SALni-pu-tam ú-wa-aš-ša-ar I will release the "debt slave". 34. X a [n] na bi ir ti šu-ú-ma … the fortress he 35. […]x[…] (le.e. ) (first column) 1. […b]i-ir-ti Is he perhaps in the fortress that he did 2. […šu]-ú-ma-a (second column) not send me the barley? 3. še-am ú-ul ú-ša-bi-lam

The Victim: The writer of the letter

The Agent: (not mentioned by name)

P: The Victim has held a distress for PN for over five month, but he does not come and give her barley.

688 Translation here is uncertain, all references are not very clear in context of the letter. I think that in the context of the letter one should interpret i-na-ha as "he will relent, he will be appeased", and see CAD N/1, s.v., nâhu. As the Victim weighs her options, pondering out loud if she would dispatch the distress to the owner, would he relent and finally send her the barley he owes her. For different translations see CAD N/2 134, s.v., na'u: "to shout (with joy or pain); if I send him the woman in distress for him, he… will in sending the barley," and see Stol AbB 11 106: "Should I dispatch his distrainee to him, he will do nothing about sending the barley." 689 See CAD A/1 201, s.v., ahu: "to the honorable judge, your colleagues, who heard my case."

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AbB 12, 2 (obv.) 1. a-na DINGIR-šu—ib-ni To Ilšu-ibni 2. qí-bí-ma say, 3. um-ma i-lu-ni-ma thus (says) Iluni. 4. dUTU ù dMarduk li-ba-al-li-ţú-ka May Šamaš and Marduk keep you in good health! 5. aš-šum ša ta-aš-pu-ra-am um-ma Concerning what you wrote to me, thus at-ta-ma you (said): p 6. ip-qú—ì-lí-šu DI.KU5 i-na pu-úḫ- "may what in the assembly Ipqu-ilišu the 7. ri-im judge has spoken at length about me be ma-ga-al id-bu-ba-am li-iš-ša-ap- sent to me. ra-am-ma 8. ar690-ka-at da-ba-bi-ia li-ip-pa-ri-is May the circumstance of my complaint be investigated." 9. ša ta-aš-pu-ra-am Concerning what you wrote, 10. a-na a-wi-lim aq-bi-ma ţup-pí a-wi- to the gentleman I talked, and a letter (on) lim the gentleman's behalf 11. a-na GAL.UNKEN.NA a-na ip- to the director691 to Ipqu-Nabium the qù—dna-bi-um ŠU.I barber;692 12. ţup-pa a-na ţe4-mi-šu a-na a letter to Sin-rēmēni the judge for his d EN.ZU—re-me-ni DI.KU5 information 13. ù ţup-pí pu-úḫ-ri a-na a-wi-le-e and a letter of the assembly to the DI.KU5.MEŠ honorable judges 14. ú-da-an-ni-na-am-ma uš-ta-bi-lam I confirmed693 and sent. 15. i-na pu-úḫ-ri-im i-na da-ba-bi-im In the assembly during your litigation 16 pa-ni ip-qú—ì-lí-šu šu-a-ti la tu-ub- confront that Ipqu-ilišu, you should not ba-al spare him! 17. ma-la a-wa-ti-ku-nu ša at-ta ù šu-ú In accordance to your(pl) words that you 18. ị-na pu-úḫ-ri a-wi-lum a-na pa-ni and he speak, a-wi-lim (lo. e.) against each other694 in the assembly, 19. ta-da-ab-bu-ba (rev.) 20. [a-wi-l]u-ú ị-na mu-úḫ-ḫi the gentlemen will call on the judge 695 21. ip-qú—ì-lí-šu DI.KU5 regarding Ipqu-ilišu. i-ša-ás-su-ú 22. ù ţup-pa-ti-šu-nu me-eḫ-ra-am And their tablets , a copy 23. ú-ša-ab-ba-lu-nim a-na zi-mi da- they will send me. (25). ba-bi According to the litigation 24. ša i-še-em-mu-ú that they will hear, 25. a-wi-lum šar-ra-am ú-la-am-ma-ad the gentleman will inform the king.

690 Sic. 691 See Borger (2003) 362 GAL.UKKIN:NA=mu'irru, "ein hoher Beamter." And see CAD M-2, 178ff, and 194f, s.v., mu'irru: "commander, director." 692 See Borger (2003) 369, ŠU.I = gallābu, Barbier, and see CAD G 14, s.v., gallābu: "barber." 693 For the same turn of expression see AbB 1, 92, l. 8. 694 Lit. one man before a man. 695 See CAD M/2 175, s.v., muhhum (3).

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26. aš-šum ŠE.ŠEŠsic! ša ta-aš-pu-ra- As for the ...barley about which you am wrote me, 27. ţup-pí e-tel—KA—dna-bi-um I will send a tablet (29) of Etel-pī-Nabium ENKU the tax collector 28. a-na ENKU ZIMBIRki a-pa-li-ka to the tax collector of Sippar (stating), concerning your payment. 29. ar-ki dNIN.URTA—ni-šu ú-ša-ab- After (the departed of) Ninurta-nīšu. ba-lam 5 30. 1 /6 GÍN KÙ.BABBAR ša 1 5/6 shekel of silver and Dilmun-dates IGI.6.GÁL KÙ.BABBAR ZÚ.LUM.DILMUN.NA 31. ù giš NU.ÚR.ma and pomegranates worth 1/6 shekel of silver (30), 32. pdNIN.URTA—ni-šu a-na ma-aḫ- I had him, Ninurta-nīšu sent to you. 33. ri-ka uš-ta-bi-lam

The Victim: Ilšu-ibni The Agent: Iluni P: Ilšu-ibni is been treated unjustly by Ipqu-ilišu a judge.

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AbB 12, 7 (obv.) 1. a-na DINGIR-šu—ib-ni To Ilšu-ibni 2. qí-bí-ma say, 3. um-ma dna-bi-um—na-şi-ir-ma thus (says) Nabium-nāşir. 4. aš-šum ša ta-aš-pu-ra-am Concerning what you wrote to me 5. um-ma at-ta-ma pi[ip-q]ú-ì-lí-šu thus you (said): "Ipqu-ilišu the judge DI.KU5 6. [ša e-li-i]a mar-şa-at i-te-pu-uš has done something unpleasant to me 7. ù KÁ.GAL.HI.A uš-ta-di-a-a[n-ni] and has confined me to the city." 8. ša ta-aš-pu-ra-am Thus you wrote. 9. ma-ḫar be-lí-ia Before my lord 696 10. ad-bu-um-ma I complained. 11. ţup-pí be-lí-ia A letter of my lord 12. a-na ip-qú—ì-lí-šu šu-a-ti (rev.) to that Ipqu - ilišu, 13. a-na KÁ.DINGIR.RAki (so that) to Babylon he be summoned 14. šu-li-i-šu 15. i-il-la-kam will come. 16. şi-bi-it ţe4-mi ri-ši Take action. 17. ša pa-ni-ka na-a[p]-li-is-ma Be prepared for what lies ahead of you and 18. [k]i-ma ţup-pí [š]ar-ri when you will see the king's letter 19. [t]ạ-ta-am-r[u] 20. [ị]t-[t]ị [i]p-qú—ì-lí-šu-ạ-ti come with that Ipqu-ilišu 21. a-na KÁ.DINGIR.R[A]ki si-in-qá-am to Babylon.

The Victim: Ilšu-ibni The Agent: Nabium-nāşir P: Ilšu-ibni is been treated unjustly by Ipqu-ilišu.

696 The King and see line. 18, and see AbB 12 p. 9, n. 7a.

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AbB 12, 9 (obv.) 1. a-na be-[lí-ia] To my lord 2. [q]í-b[í]-m[a] say, 3. um-ma DINGIR-šu—ib-ni-[m]a thus (says) Ilšu-ibni. 4. GU4.APIN.HI.A ša be-lí-ia [ša-a]l- The oxen of my lord are well. mu 5. ki-ma be-lí i-du-ú As my lord knows, 6. pu-bar—dna-bi-u[m] [l]úNIMGIR Ubar-Nabium the herald697 7. ŠÀ698NIMGIR and the herald of the palace workmen, ERIM.KÁ.É.GA[L].MEŠ 8. ša i-na qí-bi-it É.GAL who by order of the palace 9. i-na KÁ.É.GAL.MEŠ ZIMBIRki aš- are stationed in the gates of Sippar and bu-ma 10. ká ú-sa-an-na-qú check the gate. 11. i-nu-na gišAPIN.HI.A ša URUki[0 0] When the plow teams of the city699… 12. ú-ša-aş-şa-ra-ma701 la ú-x-[x]-x-ú I will have (them) keep watch so that they will not……700 13. [p]u-b[ar]-rum— dna-bi-um (unknown number of lines lost) (rev.) 1' u-mi[….] 2' pu-bar-— dna-bi-um šu-ú (As to) this Ubar-Nabium 3' 1 SAG.ÈR a-ta-ar-tam 1 spare slave 4' ša É a-bi-šu-nu-ma [o] of their father's house 5' 4 at-hu-ú qá-du-uš-šu the 4 brothers together with him702 6' a-na KÙ.BABBAR-im id-di-nu-ma sold for silver but 7' 1a-hu-šu ša i-na KÁ.DINGIR.R[Ak one of his brothers who is complaining 8' i] before the honorable personnel manager ma-har a-wi-lim a-bi ERIM i-da-ab- in Babylon703 b[u-b]u 9' 12 GÍN KÙ.BABBAR- am il-qé received 12 shekel of silver, 10' ù šu-nu 5.TA.ÀM il-qú-ú while they (only) received 5 each. 11' i-na-an-na pu-bar-rum—dna-bi-um Now they have summoned that Ubar- 12' šu-a-ti a-na KÁ.DINGIR.R[A]k i Nabium to Babylon, before the a-na ma-har a-wi-lim a-[bi] ERIM honorable personnel manager. 13' uš-te-lu-ni-iš-šu 14' be-lí ki-ma ra-bu-ti a-na a-wi-lim a- "May my Lord in accordance with bi ERIM (your) high position speak to the

697 See CAD N/1 115, s.v., nāgiru. 698 Mistake for Ù, see AbB 12, p. 8,n. 9a. 699 Soldt assumes: go out, see AbB 12, p. 9. 700 This line is important as it seem that Ilšu-ibni commands them to guard which could mean that he is above them in rank and thus he is considered by the Victim as the one responsible over him. 701 See CAD N/2, 46, s.v., naşāru (Š): "to order somebody to guard duty." 702 See CAD 282, s.v., qadum, and see CAD A/1, 121, s.v., adi. 703 See CAD A/1 52, s.v., abi şābi: "an official in charge of personal", and see A. Walther (1917) 158.

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honorable personnel manager 15' l[i-i]q-bi-ma da-ba-[a]b-šu [l]i-in- so that his complaint be investigated704, na-me-[er] 16' ù ki-ma a-hu-šu ra-b[u-um x 0]-bu and so like his older brother (u.e) 17' 12 GÍN KÙ.BABBAR l[i-….] [may he receive]12 shekel silver. 18' be-lí a-wi-lam a-b[i ERIM…] My lord, look for the honorable 19' li-iš-I x[…] personnel manager and705 20' l[i]-i[l]-q[é-šu-ma](le.e.) may you take him and 21' [l]i-iš-te-bi-ir-šu-ma a-na pí-ha[ti- may you provide him (with food šu] rations)706so that he will go to his duties. 22' [l]i-it-ta-al-kam be-lí at-ta al—k[am] May he go, you come my lord!

The Victim: Ubar-Nabium

The Agent: Ilšu-ibni P: Ubar-Nabium has troubles with his brothers.

704 The complaint of the Victim, Ubar-Nabium 705 See Van. Soldt AbB 12 9, l. 18-19. 706 For discussions see Van. Soldt AbB 12 9, l. 20-21. He did not translate the verb.

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Chapter 5 Discussion of the Agent

The need for help in dealing with a legal problem or with a person who has wronged someone was just as pressing in the Old Babylonian period as it is today. In contrast to the 21st century, however, in which the world is abundantly populated with lawyers who can file lawsuits and write intimidating letters, no such professionals were at hand in the OB period. Nevertheless, the wronged Old Babylonian had a way of finding someone, an Agent, who would intercede on his behalf and help him obtain justice. In the current chapter I will discuss the main categories of the Agent at hand of all the previous chapters. In addition I will examine what special skills the Victim may have had to be chosen by the Victim. The Agents in the letters discussed in previous chapters were divided into personal and impersonal ones. The following table shows the divisions of the letters in the previous four chapters.

Chapter1 Chapter2 Chapter3 chapter4 Total Family AbB 10, 149, AbB 1, 120; 3 AbB 11, 5; Acquaintances, AbB 4, 134; AbB 7, 78 AbB 13, 143 5 Business partners AbB 10, 3 AbB 9, 38

Employers : Owner, AbB 1, 129 AbB 1, 58; AbB 9, 6 AbB 12, 2; 11 Overseer AbB 9, 236 AbB 10, 151 AbB 12, 7;

AbB 9, 198 AbB 11, 32 AbB 12, 9 Agent Personal Personal AbB 10, 1 AbB 2, 131; AbB 4, 73; AbB 6, 71; 26

AbB 3, 82; AbB 7, 186; AbB 6, 138 AbB 5, 144; AbB 11, 7; AbB 6, 142; AbB 7, 51; AbB 11, 90; AbB 7, 85 ; AbB 7, 59; AbB 11, 119; AbB 7, 135 AbB 7, 67; AbB 12, 22; AbB 10, 161; AbB 10, 13; AbB 14, 190 AbB 11, 78; AbB 13, 125 AbB 11, 101; AbB 11, 159 AbB 11, 183

Impersonal Agent Impersonal AbB 14, 184 14 13 15 Table 5: The division of letters written by Personal and an Impersonal Agents.

Below we summarize what is known about the personal Agent, and then discuss who may have performed the role of the impersonal Agent.

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V.1. The personal Agent The Personal Agent is clearly defined: he was chosen by the Victim based on their personal relationship. The following three main categories show the environment from which the Victim chose his Personal Agents. In sum 19 letters have been tagged as using a personal Agent (see Table 5 above).

V.1.1. Family The fewest number of people chose to turn to a family member to act as their Agent.In three letters the Victims turn to a family member for help. In AbB 11, 5, a woman turns to her brother, in AbB 1, 120 a family member turns to another blood relative, and in AbB 10, 149 the Victim may have turned to his in-laws for help.707

V.1.2. Acquaintances and business partners In four letters people turn for help to acquaintances or business partners. In AbB 4, 134 the Victim turns to his business partner, in AbB 10, 3 the Agent turns to someone he has known since childhood, and in AbB 9, 38 the Agent states that he and the Victim are not strangers, indicating previous familiarity. In AbB 7, 78 the nature of the connection between the Agent and the Victim is not clarified; the Agent, however, mentions that the Victim is known to the Recipient-helper (Rh), which may suggest that the Agent knows the Victim to some extent.

V.1.3. Employer (owner or overseer) In eleven letters the Victims turn either to their master or to someone else who is in some way responsible for them, such as an overseer or employer. In two letters708 the Victims turn to their master for help. In eight letters709 the Victims turn

707 In AbB 9, 198 there are two Agents. Agent1 is the son of the Victim, and is the servant of Agent2. Thus we have another example in which the Victim turnes to a family member for help. 708 In AbB 9, 236; in AbB 9, 198 it is in not clear whether the Victim himself approached the Agent or whether he approached his son and the son approached his master, the Agent. In this case there are two

Agents: Agent1 and Agent2. 709 AbB 10, 1; AbB 1, 58; AbB 10, 151 ;AbB 11, 32; AbB 9, 6 ;AbB 12, 2; AbB 12, 7; AbB 12, 9.

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to their "superior" under whose command they work. In AbB 1, 129 the Victim, a nadītu of Šamaš, turns to the overseer of the gagû for help.710 Table 5 shows that in most cases in which the Victim approached a familiar Agent, it was a person from his "work" surroundings, or it involved a circumstance in which the Agent was responsible for the Victim. This may indicate that some feeling of mutual responsibility existed between employer and employee. The employer, master, or overseer may have felt the need to intercede on behalf of a subordinate, and the Victims may have felt they could approach their employer, overseer, or master with their personal problems. Why did in more than half the cases a wronged man choose from his familiar environment his employer, overseer, or master to intercede on his behalf rather than a family member or acquaintance? We examine two traits of the Agent to answer this question: the accessibility of the Agent, and the Agent's ability to influence the wrongdoer or person of authority. The accessibility of family members, acquaintances, and of the employer, overseer, or owner should have been the same. The Victim had direct access to all of them, or at least knowledge of how to make contact in case of need. If accessibility had been the main factor in the Victim's choice, the letters should have been divided more equally among these actors. That they are not, implies that another factor must have been of greater importance. One should assume, therefore, that the main factor in determining the Victim's choice of an Agent must have been the Agent's ability to influence others and thus obtain justice. The employer, overseer, or master may have had a higher social status, and therefore greater knowledge and ability to influence the the wrongdoer and authorities than the Victims' family and friends. Thus, the employers, overseers, or masters were in a better position to serve as an Agent for the Victim and advance his cause, which is why more Victims chose to approach them. It may have been common for employees to regard their "superior" as the best person to approach in case of unjust treatment. Therefore, the Victims preferred to turn to their employer, overseer, or master, with the understanding that they had the

710 From his position as an overseer he is responsible for the nadītu in the gagû. See also Harris (1975) 189: "It was the Overseers who are directly in charge of the nadītu women. "(sic)

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power to intercede on their behalf with persons of authority. As M.Y. Ishikida states: “However, it must be remembered that many disputes and claims were settled unofficially by a personal arbitrator, usually a disputant's work supervisor or an honored person such as the head of an extended household, before they made it to the public forum."711

V.2. The impersonal Agent As shown in Table 5, more than half the letters in chapter 1-3 were written by an impersonal Agent. Below we explore possible identities of impersonal Agents, who were labeled as such because their relationship to the Victim was not revealed in the letters. However, the lack of evidence in the letters about a personal relationship between the Victim and the Agent does not mean that such a relationship did not exist.712 We can assume that some of the Agents labeled impersonal Agents may in fact have had a personal relationship to the Victim. Nevertheless, when no personal relationship is mentioned in the letters between the Agent and the Victim we must ask who these Agents could have been. Below are additional categories that provide some clues about who the impersonal Agents may have been. The impersonal Agents are subdivided into three main categories: 1. Persons of authority in the role of an Agent 2. Scribes in the role of an Agent 3. Individuals of high social status in the role of an Agent

V.2.1. A person of authority acting as an Agent One type of impersonal Agent is the "person of authority" who acts as an Agent. As noted already, "a person of authority" is a person (or group of people) within whose power it is to solve the injustice perpetrated on the Victim by means of an investigation, trial, and verdict, or by ordering the wrongdoer directly to undo the

711 See M.Y. Ishikida (1998) 70. 712 In 18 letters both Victim and Agent are named. It is not possible within the framework of the current research to achieve a profound understanding of each Agent-Victim pair. A study of this nature should be based on many other types of documents, archives, and other studies. If some of the Agent-Victim pairs could be determined, however, thereby revealing their relationship, I believe that it would correlate with the personal relationships that have been discussed or will be discussed in this chapter.

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wrong he has committed against the Victim.713 The person of authority can be the king, individuals in the position of judges,714 officials of the crown and temple, or additional people holding sufficiently strong positions of influence.715 As shown below, in some cases a person of authority may decide not to handle the Victim's case but rather to remit it to another person of authority, either of lower or higher social status. This situation appears in two of the letters examined in the current study. There are two kinds of persons of authority who pass the case on to someone else: 2.1.1 A person of authority of high status who passes the Victim's case to a person of authority of lower status. 2.1.2 A person of authority who refers the Victim's case to a person more capable then himself to handle the problem.

V.2.1.1 A person of authority of high status passes the Victim's case to a person of authority of lower status. In the first category we find many letters, some of which are discussed by W. F. Leemans in his insightful article: "King Hammurabi as Judge." In this article, based on letters from the Old Babylonian period, Leemans discusses the involvement of the king as an active judge in the judicial system. His main observations are that: "if a litigant brought his case before the king, the case could be investigated and judged in three different ways: 1. The king tried the case himself and gave the final judgment. 2. The king gave a decision on a point of law and remitted the case for a decision on questions of facts to the local judges or authorities. 3. The king remitted the entire case to local judges."716

713 Return property he appropriated, free a person unjustly captured, or undo a wrongly imposed tax or service. 714 E.g.: the king, judges, mayors or elders of the city. 715 A person holding a high social status can also be considered, even if he had no direct official position, such as an important landowner who may have had the power to solve the problem of one of his workers. See also M.Y Ishikida (1998) 70. 716 See Leemans (1968) 110.

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Leemans supported his argument with letters, some of which are similar in structure to those presented in Chapters 1-3 of the current research. Leemans's categories Nr. 2 and 3 are important for the current study. In these letters the king remits the case to other authorities (with or without his legal input). In these cases the king, who is the highest authority and could try the case himself,717 remits the case to local officials,718 thus acting as the Victim's Agent.719 But not only kings remitted cases, thereby acting as Agents for the Victims. There are additional letters in which high officials acted as Agents and approached other high officials (perhaps somewhat lower in rank) to intercede on behalf of the Victims, asking them either to provide a legal solution or to undo the wrongs they have inflicted upon the Victims. For example, in AbB 4, 64, Lu-Ninurta, chief of the bureau of fields assignment in the central government,720 asks Šamaš-hāzir to inspect (warkatam parāsum) the Victim's complaint, about an unjust division of a field.721 In AbB 4, 69 Lu-Ninurta orders Šamaš-hāzir to return to the Victim what has been taken from him unjustly.722 In AbB 1, 33 Sin-iddinam (Chief administrator of the provincial administration ),723 asks Šamaš-hāzir to provide justice (šutēšuru) for the Victim. In a great number of letters in the AbB corpus (especially AbB 2 and AbB 4), either Hammurabi or his high official Lu-Ninurta write to Šamaš-hāzir instructing him to deal with a problem of the Victim they have heard about. In some of the letters Šamaš-hāzir is the wrongdoer himself, in others he is the official responsible for inspecting the case and addressing it.

717 The king judged cases himself in Leemans's first category. 718 For example, in TCL VII 16, Hammurabi remits a case to Šamaš-hāzir, one of his officials in the Larsa area. 719 There are more letters of this type, besides those mentioned in Leemans's article. See also, e.g.: AbB 4, 13; AbB 4, 37, AbB 4, 79, AbB 2, 74. In AbB 2 and AbB 4 there are further examples for letters in which a king writes to judge(s) instructing them where to send the Victim. 720 See M. Y. Ishikida (1998) 67. 721 See also the similar letter, AbB 4, 115, in which Lu-Ninurta asks Šamaš-hāzir to investigate the Victim's case. 722 And see also AbB 4, 78, in which the Victim complained to Lu-Ninurta that Šamaš-hāzir wronged him. Lu-Ninurta orders Šamaš-hāzir to return the field to the Victim. 723 See M. Y. Ishikida (1998) p. 67. And see W.F. Leemans (1968) 109, who states that Sin-iddinam and Šamaš-hāzir are "high civil officers."

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In the current study, AbB 6, 142 may fall into this category. The letter is written by Agents who are judges,724 and they ask the recipients, "the mayor and the elders of the city of Bulum," (Rj) to investigate the Victim's case and institute a lawsuit on his behalf. But if the Victim objects to the mayor and the city elder, he should be sent back to the Agent (the judges of Larsa); "šum-ma e-pi-is-ku-nu-ši-im šu-a-ti ù be-el a-wa-ti-šu a-na şe-ri-ni ţú-ur-da-nim", "If he objects to you, send him and his adversary to us" (l. 13-16). Here we find the judges of Larsa functioning as Agents for the Victim, requesting the mayor and the elders to institute a lawsuit for him. From the context in this letter it seems likely that the judges of Larsa were of higher legal authority then the mayor and elders of Bulum.725 Therefore, this is yet another letter in which a judge of a higher authority remits the Victim's case to a person of lower authority.

V.2.1.2 A person of authority who refers the Victim's case to a person more capable than himself to deal with the problem In the second category, the person of authority remits the Victim's case to a more competent person of authority because he is not able to provide a proper solution himself, even though he should have been in a position to do so. This category appears in AbB 11, 159.726 The letter is written by the mayor and the elders of Isin to the judges of Nippur. They describe the case of the Victim, and after stating that the case is very "XX" (the word is missing from the text), they inform the judges that they did not institute a trial for the Victim, and ask the judges of Isin to institute a trial for the Victim (pl.) (l. 16-18).727 Line 16, in which the judges explain why they did not investigate the case, is broken, and the crucial word is missing. But from the context one can infer that a word meaning something like "difficult" must have stood there; otherwise there would have been no reason for the

724 "Thus (says) Ibbī-Sî and the judges from Larsa" (l. 4). 725 The Répertoire Géographique des Textes Cunéiformes III, p. 45 and E. Ebeling, RLA Vol.2, 75 mention the city but do not specify where it is situated. From the context it appears to be a smaller city under the authority of Larsa. 726 For the full letter see Appendix 3; text to chapter 3. 727"aš-šum ą-w[a]-a-t[um] m[a]-d[i-iš x x x] w[a]-ar-k[a]-sí-na ú-ul ni-i[p-r]u-[us] [ù] di-nam ú-ul nu-ša-hi-sú-[nu]-tị", "Because the case is very…. We did not investigate the case, and a trial we did not institute a trial for them".

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judges to refer the case. This letter demonstrates clearly how persons of authority (the mayor and elders of Isin) who should have been able to provide a solution for the Victim, state that they are unable to do so. Consequently, acting as Agents, they send the Victim and his opponent to another person of authority.728 In AbB 11, 7729 the Victim and his opponent approach a certain Sin-puţram and ask for a judgment. Sin-puţram hears their case and decides to refer them to the judges of Nippur: "[a-na E]N.LÍLki a-na a-a[l DI.K]UD. [M]EŠ a-al-ka-a-am di- nam li-di-nu-ku-nu-ti", "Go to Nippur the city of judges and let them decide the case for you" (l. 16-18). Here we see that the Victim came to Sin-puţram asking for a judgment, because he regarded him as a person of authority who could have instituted a trial for him to bring the conflict to an end. But Sin-puţram does not comply with the request, and instead sends the Victim and his opponent to the judges of Nippur for a trial. He may have written a letter such as the ones discussed in Chapter 3, in which the Agent asks the judges to grant the Victim a trial and a verdict.730 In AbB 6, 138731 the Agent writes a letter to Rj asking him to institute a lawsuit for the Victim, or else send the Victim to the temple of his city so that a lawsuit may be instituted for him. The recipient of the letter (Rj), who is the person of authority, is given the option to institute a lawsuit for the Victim by himself, or become an Agent and refer the Victim to a different place for trial.

V.2.2. The use of legal terminology as an indication of other types of Agents Two possible types of impersonal Agent have been discussed above. In one case, the impersonal Agent may in fact have been a personal Agent who did not mentioned his connection to the Victim in the letter; the second case is one in which

728 In this letter it is not clear which of the people mentioned in line 7-4 is the Victim and which is the opponent. But this does not change the act of the Agent, as the Victim and the opponent came for a judgment, and instead of instituting a trial for the litigants, they referred the case to another person of authority, on behalf of the Victim and of the plaintiff. 729 For the full text see Appendix 2. 730 At the end of the letter Sin-puţram nevertheless acts again as an Agent because the Victim does not accept the verdict, so Sin-puţram asks the Rh to investigate his case: "[ p]lú-ga-tum di-nam šu-a-ti ú-ul l[e-q]í wa-ar-ka-sú p[u-r]u –ú[s-m]a la ih-ha-ab-ba-al", "Lugātum does not accept that verdict. Investigate his case (so that) he will not be wronged" (l. 22-25). 731 See chapter 3.

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the impersonal Agent may have been a "person of authority" who decided to remit the case.732 Could there have been additional types of impersonal Agents? As shown in the previous chapters, some of the Agents used similar techniques in approaching the Recipient. They provide the Recipient with information about the Victim or about his property, or use other persuasive arguments such as warnings, threats, or allusion to the legal rights of the Victim.733 Beside those tactical similarities, however, the impersonal Agents have nothing in common with each other. They may have lived in different times and different places, and may have had different trades.734 The main element they do have in common is that they function as middlemen between the Victim and the wrongdoer, or as persons of authority. The question arises whether this common denominator, that is, the ability to intercede for someone else, is indicative of some type of profession, or if not a profession, perhaps of a certain social position that enables this person to help a wronged man. Scholarly studies about the legal system of the OB period do not recognize a trade such as lawyer or jurist in the sense of a person who had to learn the law and was then allowed to practice as a lawyer. Even questions of whether the law was written or oral, assembled into one composition or scattered in many smaller corpuses are still being debated by scholars, with no clear conclusion.735 Some terms and expressions in the Akkadian language, however, allude to a person who intercedes or helps another in coping with his affairs. The term rābişum is translated by the CAD as "an official representative of and commissioned by a higher authority, attorney."736 Most text examples in this entry are from the OAkk., especially from the OA period. The related term rābişūtum is translated as: "office of attorney, representative," with even fewer examples, mostly from the OA. In one reference he is paid: "x silver is the wage of PN for his acting as

732 As discussed, he may have remitted the case because of incompetence to handle it, or he remitted it for other reasons (e.g., the king remitting the case). 733 This applies to both personal and impersonal Agents. 734 As all the sources come from the AbB, all the letters are from the Old-Babylonian period, and mostly from the Babylonian heartland, excluding Mari and Aššur. They may date from before Hammurabi, however, until the end of the OB period. 735 See discussion in the Introduction §5. 736 See CAD R 20ff. s.v., rābişu.

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attorney."737 The Akkadian term rābişum corresponds to the Sumerian word MAŠKIM, a person mentioned in records of litigations as a commissioner who receives a special payment.738 M.T. Larsen writes: "This institution (of the rābişum) has its roots in the practices known from the time of the Ur III administration, where we find that the maškin-officials appear in scores of texts of the so-called "ditilla-type", i.e., documents recording legal decisions; the "attorneys" or "commissars" or "bailiffs," as they have been called, were officials who were appointed by the governors in the various cities of the empire in order to take charge of the preliminary investigation of a case. In at least two instances this official was appointed as the result of an appeal from a plaintiff, and it seems likely that this was in fact the usual procedure. In the Old Babylonian texts we find occasional references to such officials, called either rābişum or rābi dajjani 'commissar of the judge,' but their role is somewhat obscure."739 Before the OB period, in some legal cases preliminary investigations were undertaken by individuals appointed by the governors, dividing the court proceedings into two parts, the preliminary investigation and the trial itself. Is it possible that there was a similar system in place in the OB court procedure, even if not on a regular basis? In general, plaintiffs directly approached the presiding judge in the vicinity and put their cases before him. 740 After briefly examining or hearing the claims of the parties,741 the judge would decide whether to institute a lawsuit or not.742 In certain cases743 and in some courts, however, there may have been a preliminary investigation undertaken by a person other than the presiding judge.

737 See CAD R 24. s.v., rābişu. 738 See C.Wilke (2007) 39ff. See also a discussion by R. Harris (1975) 129 who states that his function is not disclosed by the texts. See also S. Lafont (2000) 20-21. 739 See M.T. Larsen (1976) 184; R. Harris (1975) 129 and A. Walther (1917) 169-173. 740 See AbB 11, 7 "a-na şe-ri-ja a-na di-ni-im il-l[i-k]u-nim-[m]a", "they came to me for judgment" (l. 10). 741 Which could correspond to a certain degree to "a hearing" in the modern legal system. 742 See Introduction §7.1.2. 743 There can be many reasons why a person did not approach a judge directly; e.g., absence of judges in his vicinity, fear of being rejected, or for some other reason.

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This theory has been advanced by Dombradi with regard to the legal system in Larsa. Dombradi states that in Larsa at the time of Rīmsîn and Hammurabi the court procedure was divided into two stages. The claim was not brought directly to the judge but rather to a "Magistrat" (of the municipal authorities), who bears no title.744 The "Magistrat" first determined whether the conditions for a trial were present, after which he sent the parties to court.745 From the people who were mentioned as "Magistrat" only Sîn-iddinam can be recognized with some certainty as one of the major officials of Hammurabi’s in Larsa. Dombradi states further that other people in the position of "Magistrat" must have held a similar social position, and refers to other personalities who held leading positions in the communities.746 If such a system existed in Larsa, why should it not exist in other places and other institutions as well? Such a division in the court procedure may have spread to some extent also to other placed.747 And even if the division of the court system was not instituted intentionally by the king or the courts themselves, a system may have developed naturally, in which a person wanted to first consult someone about his case and only then approach the judges, perhaps even with the help of the consultant. The letters in Chapter 3, written by Agents to the judges requesting a legal procedure, are best suited for examining the possibility of such an approach. As the majority of letters in AbB are of unknown place of origin, the geographical advance of a two-stage trial system is difficult to prove. Furthermore, as noted before, most plaintiffs and their opponents must have approached the judge directly, solving the dispute and producing a written document such as a trial record, or leaving no written evidence at all. But when the judges were not directly approachable, for

744 He was mentioned by name alone. 745 "Dieser Magistrat wies die Rechtssache nach Überprüfung der Prozessvoraussetzungen in der Regel dem zuständigen Gerichthof zu, der dann ein Verfahren einsetzte." See E. Dombradi (1996) 240. 746 See ibid, and n. 1358. See also M.Y. Ishikida (1998) in an article about dispute management in Larsa. Ishikida discussed the various authorities (provincial versus state administrators) and the connections between them, dealing with different types of complaints against the administration of the state involving such issues as taxes, land distribution, etc., or private matters. He points to a hierarchy in the administrative system, from the king to the smallest administrative unit in the city. 747 The question is why such a division was even necessary. It seems logical that the division was in force mainly in large places where many people approached the judges to resolve their disputes, perhaps exceeding the capacity of the judges. In those cases, a preliminary examination by an official who could decide whether there was sufficient ground for a legal case could reduce the number of cases that reached the judges.

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reasons having to do with the judges or with the Victims, one could approach them by letter. Comparison of letters written directly by the Victim to the judges with those written by Agents reveals further characteristics of the impersonal Agent. Fifteen letters in AbB were written by Agents to a judge requesting a legal procedure,748 and only four letters were written directly by the Victim to the judge. Of the latter, in two letters a person requests a verdict for himself, and in two others a wronged person asks for judgment against those who wronged him. The letters are described briefly below. In AbB 1, 34 (25 lines) a woman addresses her letter to "my lord," "bēlija," and writes a long letter describing the physical abuse she has suffered at the hand of a client to whom she had sold a garment. At the end of the letter she asks of the recipient "be-lí da-ia-na-ti it-ti dEN-ZU-i-din-nam di-ni di-in", "My lord, judge my litigation with Sin-iddinam" (l. 24-25). AbB 7, 153749 (53 lines) is a very long letter addressed to the king,750 in which the Victim complains about an injustice that occurred after the king had declared a mišarum, and various highly positioned people751 reviewed the cases of others as well as his own. The Tablets, which, according to the new mišarum (royal decree), were no longer valid, were broken. The next lines of the letter are broken and thereof unclear; from line 28, however, one can understand that the Victim took his Tablets and they were examined and sealed (DUB-pa-ti-ia i-mu-ru ik-nu-ku-ma) by the authorities, and thus validated. Nevertheless, the Victim was asked to bring his Tablets for further inspection to the house of the Šalim-ţehhûš, the "captain of Barbers," where the Tablets were broken, without the Victim being present and without being questioned. Hearing of what happened, the Victim took the pieces of his broken Tablets and went to the authorities who had examined and sealed his Tablets. They, instead of interceding on his behalf, told him that they cannot say anything to the "captain of

748 By "legal procedure" I mean instituting a lawsuit, issuing a verdict, or judging a case. I do not include having justice done for the Victim as is requested in Chapter 2. 749 See a discussion by J.J. Finkelstein (1967b). 750 Lit. the addressee is called: "i-nu-ma be-lí gidi-pa-ar kù-gi a-na UD.KIB.NUNki iš-šu-ú mi-ša-ra- am a-na dUTU ra-i-mi-šu i[š-ku]-nu-ma", "When my lord raised high the Golden Torch for Sippar." 751 "pri-iš-dUTU wa-ši-ib UD.KIB.NUNki KU-di-ia gu.za-lá ù dEN.ZU-na-di-in-šu-mi dub-sar ZAG.GA", "Riš-Šamaš, the "resident" of Sippar, Kudi-ya the "sedan-bearer" and Sin –nadin-šumi the cadastral secretary." See J.J. Finkelstein (1967b) 236.

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Barbers." Therefore, the Victim turns to the king and asks him: "din-gir ka-ta ak-ta- aš-dam di-in DUB-pa-a-tim ša ba-lum DI.KUD.MEŠ ù be-el a-wa-tim he-pé-e-em be-lí li-di-na-an-ni-ma ki-ma en-šum a-na da-an-nim ma-har be-lí-ia la iš-ša-ar-ra-ku UD.KIB.NUNki ka-lu-šu li-mu-u[r] x dan-nu a-na en-ši-im ha-ba-lim x [xxx]", "To you, O Divine one, I have come. May my lord pronounce for me the law (concerning) Tablets that are broken in the absence of judges and of the principal party to the case. And so in the presence of my lord the weak will not be put in the power of the mighty, May all of Sippar see, that... the mighty injure the weak" (l. 46-53). The Victim asks the King to give him the law that applies to his case, and reminds the King that the mighty must not wrong the weak."752 In the next two letters a person has been wronged and asks Rj to pronounce a judgment against those who wronged him. In AbB 13, 66 (27 lines ) a certain Ibni-Marduk addresses his letter to "my father" (Rj) and informs him that a slave girl (for whose mistress he had drawn up a document) has gone away753 without informing or asking for his permission. Ibni- Marduk writes to Rj: "ki-ma ra-bu-ti-ka a-bi at-ta be-l[e]-es-sà li-is-sà-ni-ik-ku-ma ki-ma i-na a-lim tete-né-em-mu di-na a-na be-el-ti-ša qí-bi", "in accordance with your high status (as you are) my father, may her754 mistress be interrogated. Pronounce a verdict for her mistress, in accordance to what you hear in the town." (l. 16-20) In AbB 14, 75 (34 lines) a person's barley was taken from his house unjustly.755 He asks Rj to summon those who wronged him and pass judgment on them: "at-ta ù pDINGIR-šu-i-bi-šu i-iz-iz-za-a-ma p[li-pí]-it-Ištar ù pì-lí-ip-pa-al-sà- am li-is-sú-ni-ku-um-ma di-nam qì-bi-a-šu-nu-ši-im-ma", "You and Ilšu-ibbišu take action to have Lipit-Ištar and Ilī-ippalsam summoned before you and then pass judgment on them" (l. 17-21).756

752 See the similarity with the words on Hammurabi's stele: "dannum enšam ana la habālim", "In order that the mighty not wrong the weak." See M. Roth (1995) 133. 753 Probably to her mistress, and the writer asks the recipient to interrogate the mistress. 754 The slave girl. 755 "Why is it that they (the people the writer wants the judge summon) take from my house what one has given me and do not return to me what they have taken from my house?" (l 24-28). 756 "aš-šum mi-ni-im ša a-na ia-ši-im id-di-nu-ni-im i-na bi-ti-ia i-le-eq-qú-ú-ma š[a i]-na bi-ti ia il- qú-ú a-na ia-ši-im la ú-ta-ar-ru-n şi-im-[da]-tum a-na ia-ši-i ạ-hi-ta-am ša-ni-a-at ki-ma a-ha-am ù qè-er-ba-am [l]a-i-šu-ú ep-še20-e-ku [aš-šu]m wa-ar-ka-nu-um da-ba-bi-ia", "Why is it that they take

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The following is a comparison of the main characteristics of the letters written by the Agent (Chapter 3), or by the Victims themselves: Main characteristics of Letters written by an Letters written directly by the letters Agent to Rj the wronged person to Rj Number of letters in 15 (3 Impersonal Agent, 10 4 AbB Personal Agent) Average number of lines 17 lines 34.75 lines per letter Amount of detail Most letters give very little In each letter the problem is explaining the Victim's information (if at all) about described at length complaint the Victim's complaint Formulation of the A repetitive formula, using 1. di-ni di-in (x1) request the phrase dīnam kīma 2. di-in….li-di-na-an-ni-ma şimdati (šuhuzu or qabû) (X1) 3. dīnam qabû (X2) In no letter is the phrase dīnam kīma şimdati used. Tone of the letter Formal, matter of fact757 Personal, expressing anger and criticism.758 Table 6: A comparison between letters written to Rj by an Agent versus the Victim

from my house what one has given me and do not return to me what they take from my house? Do different rules apply to me, as a special case? I have been treated as somebody who has neither brother nor relative! Notify them in the presence of witnesses what will be the sequel to my complaint." (l. 24- 34) Translation according to Veenhof, see AbB 14 p. 67). 757 In two letters criticism is raised by the writer toward Rj. In AbB 11, 5, which is written by a personal Agent (the brother of the wronged person), the Agent criticizes the Rj harshly for neglecting to judge his sister and for slighting her. In AbB 11, 183 the writer (impersonal Agent) criticizes the conduct of the recipient and asks him whether he knows the law, then states that law. 758 In AbB 1, 34 the writer complains that the person who wronged her treated her is if she were not a servant of Šamaš, and had wronged her in a way that is not seen in the land. In AbB 7, 153 the writer reminds the king of his obligation to protect the weak before the mighty, and perhaps even warns him that this behavior will lead to the city seeing the mighty injuring the weak. A portion of the last line is missing. In AbB 13, 66 the writer tells the recipient not to neglect the words that he writes to him (l. 21-22). In AbB 14, 75 the writer complains that he did not receive answers to his letters and criticizes the recipient: "aš-šum mi-ni-im ša a-na ia-ši-im id-di-nu-ni-im i-na bi-ti-ia i-le-eq-qú-ú-ma š[a i]-na bi-ti ia il-qú-ú a-na ia-ši-im la ú-ta-ar-ru-n şi-im-[da]-tum a-na ia-ši-i ạ-hi-ta-am ša-ni-a-at ki-ma a- ha-am ù qè-er-ba-am [l]a-i-šu-ú ep-še20-e-ku [aš-šu]m wa-ar-ka-nu-um da-ba-bi-ia", "Why is it that they take from my house what one has given me and do not return to me what they take from my house? Do different rules apply to me, as a special case? I have been treated as somebody who has neither brother nor relative! Notify them in the presence of witnesses what will be the sequel to my complaint." (l. 24-34) Translation according to Veenhof, see AbB 14 p. 67.

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The first major difference between the categories is the number of letters written by the Agent and by the Victim. The difference is even more pronounced if we compare it to the number of letters written directly by the Victim to Rw and Rh. In the AbB corpus, there are far more letters written directly by the wronged individual (rather than by an Agent) to the person who treated him unjustly and there are also numerous letters written by the wronged party directly to Rh requesting his help. The second difference759 is the strong contrast between the short letters written by the Agents, containing sparse details, if any, the repetitive phrases and reference to the law to the letters written directly by the Victim, which are rich in details describing their unjust treatment. In two of the four letters written directly by the Victim, different phrases are used to express the request for legal involvement by the judge (di-ni di-in, di-in….li- di-na-an-ni-ma, dīnam qabû). The term dīnam kīma şimdati ("a verdict according to the law") may have been generally known as part of the spoken language, as it is used in other sources as well,760 but it is not used even once in the letters written directly by the Victim to the judge. When comparing the characteristics of the letters written by the Agents with those written by the wronged person himself to Rj, one suspects that those who dictated or wrote the letters in Chapter 3 (the Agents) must have had something in common, beyond just functioning as middlemen, as noted above. These authors seem to belong to a "circle" that used the same or similar short formulas in their letters when writing to judges on behalf of the Victims; a characteristic absent in the letters written by Victim themselves. This "circle" may be characterized by the use of a similarly concise style, however it is not limited to a specific location, as there are cities mentioned from the far north of Mesopotamia to the south.761 The knowledge and use of the legal terminology is clearly noticeable in the formulaic and impersonal style of the letters in Chapter 3. In addition to knowledge of legal terminology, some of the letters in

759 In most of the letters in Chapter 3. In contrast, AbB 11, 5, which is written by the Victim's brother, contains features similar to the letters written by the Victim himself. The Agent criticizes the judge, and the tone of the letter is very personal. 760 See the use various documents in K. V. Lehrerg and G. Voet (2009). 761 Sippar AbB 1, 120; Babylon AbB 7, 135; Nippur AbB 11, 159; Larsa and Bulum and 6, 142.

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Chapter 4 demonstrate the legal acumen of the Agent as he informs the Victim about the court procedure762 and the local law.763 Below are some suggestions about the people who may have belonged to such "circles", who were not connected by geography but who could have held a position in society that would have enabled them to know and use similar legal terminology and style, and to have knowledge of the law.

V.2.2.1. The judges The first group that has already been discussed764, which had knowledge of legal terminology, was that of the judges. In AbB 6, 142, written by judges, and AbB 11, 159, written by the mayor and elders of Isin, we see the use of dīnam šuhuzu (with further additions). In AbB 10, 1 the judges,765 who write to the elders of the city and the mayor of Lalija766 concerning the case of the Victim (Ilī-Iddinam), request that the recipient send the wrongdoers (his son, the son's wife, and the mother-in-law) so that they may proceed with the trial;767 "di-nam ki-ma şi-im-da-at š[ar]-ri-im i ni-iq-bi-šu-nu-ši-im", "(so that) we may pronounce a verdict upon them according to the regulation of the King (as is his legal right)" (l. 32-33). The judges in this letter do not ask the recipient to judge the Victim's case but to send them the wrongdoer so that they themselves can finish the trial and pronounce the verdict, dīnam kīma şimdati qabû, as they clearly have already instituted (šuhuzu) the trial. The legal terminology dīnam kīma şimdati šuhuzu/ qabû is therefore used by the judges not only when remitting a case to another person of authority but also for

762 See AbB 1, 92. Examining her case and receiving compensation for her loss. 763 The fact that he informs the Victim about this law shows not only his knowledge of the law but also implies that he knows that the law may be different in other places, hence the need to inform the Victim. 764 See the current chapter in 2.1.1 and 2.1.2. 765 Not stated from where. 766 Probably in the north of Mesopotamia; see JCS 23 (1970). 767 Before that, they recount what Ilī-Iddinam has stated before them: the dispute was with his son, which he brought to the attention of the mayor of Lalija and of the elders of the city. Perhaps the mayor of Lalija and the elders of the city did not address his affair with his son, which is shy he approached the judges in this letter.

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describing their own actions.768 As shown in the Introduction, the position of a judge could have been held by other individuals besides those mentioned explicitly as judges; the rabiānum (mayor), the šāpirum (overseer), the šakkanakkum (high official), the puhrum (assembly or counsel), the ālum u šībūtu (the city and elders), the bābtum (quarter of the city), the awīlū (people), and the kārum (the community of merchants).769 Whoever served in the position of a judge, must have had basic knowledge of the legal terminology required for writing a trial record or any other document. In certain cases, if he was approached not as a presiding judge but rather as a consultant, he may have served also as an Agent for a wronged man. This kind of request is seen in AbB 11, 106 (Chapter 4) in which a woman asks an Agent for advice concerning a debt slave she holds. She further asks him to "Write to the honorable judges your colleagues (a-na a-we-le-e DI.KUD.MEŠ ah-hi-ka), who have heard about my case" and let them tell Abazi to send me that barley so that I may dispatch the debt slave to him" (l. 24-29). The Agent is clearly considered by the Victim as a person who knows the judges, "your colleagues" (ah-hi-ka). Perhaps this Agent has presided as a judge before or holds a high office with the crown or at court. In sum, people who are serving or have served as judges may have the connections and the knowledge of legal terminology to approach other judges in formulaic, brief letters on behalf of people who came to them for help.

V.2.2.2. Scribes in the role of an Agent Scribal education incorporated literary texts, historical inscriptions, omens, mathematical tablets, and lexical lists. Students were trained in writing letters, contracts, and all sorts of documents needed for participating in the workforce of the temple, the palace, and in city business.770 Therefore most scribes worked in an administrative capacity (crown, temple). A much smaller number of scribes worked privately, recording business transactions, preparing contracts, serving as notaries and

768 "The legal terminology" is a main component in the trial record. 769 See Introduction § 6. 770 See Y. Cohen (2009) 48, and his references to further literature on the subject. See also A. Kleinerman (2011) and Å. W. Sjöberg (1974) for a discussion of the scribal curriculum.

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witnesses, and receiving compensation for their work.771 The ability of the scribes to belong to the circle of Agents is clear. They had the requisite knowledge of legal terminology, as it was part of their curriculum, and they were not restricted by geography.772 But one may question their involvement with what they wrote down for those who dictated it. L.E. Pearce states that "in general anonymity characterized cuneiform," and "most scribes wrote mundane business documents and left little indication of their personalities, backgrounds, or intellectual interest."773 The scribe was not considered to be an active party in the letter, and his voice was not heard. Nevertheless, the scribes often inscribed their names as the last of the witnesses on (business) documents.774 Could a scribe, under certain circumstances, have become an Agent to the person who came to him for help, writing a letter in his own name? The answer must lie not with the profession of the scribe but with his social position. Certain scribes held special titles, the exact function of which is not always clear.775 One of these titles was “scribe of the judge” (DUMU. É.DUB.BA ša dajjāni). Although the scribal curriculum incorporated legal phraseology as well,776 according to Sjöberg that material was not studied as part of training to be an attorney per se, but it may indicate the student's future profession as “the scribe of the judge.”777 According to Harris: "whether this reference778 (is) to a specific office or simply a title given to any scribe serving in this capacity in not clear."779 Harris shows that in one text a scribe may be named “the scribe of the judge” while in a another he

771 See L.E. Pearce (1995) 2273. 772 See M. Roth (2000) 18f. She discussed the distribution, circulation and publication of the laws of Hammurabi. Thus she writes: "Not only was the composition copied and circulated in scribal centers, but it was also interpreted, as we see from commentaries and bilingual Summerian-Akkadian excerpt." And also: "Most of these copies and manuscripts almost certainly had their place in the schools and scribble centers," see M. Roth (2000) 19. 773 See L.E. Pearce (1995) 2274f. 774 See A.Walther (1917) 179. 775 Deaf writer (a copyist), field scribe, mathematician, inscriber of the stone, etc. And see L.E. Pearce (1995) p. 2272 for more examples. 776 See Å. W. Sjöberg (1974) 164. 777 Ibid p. 165. 778 (DUMU. É.DUB.BA ša dajjāni). 779 See R. Harris (1975) 130.

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is simply called “scribe,” causing her to question whether the person titled “the scribe of the judge” held this office "consecutively or concurrently."780 Could some of the Agents mentioned in Chapter 3 have been scribes connected with the courts? Could they have been "petition writers" known to both judges and the general population? In addition to writing what was dictated to them, they could have functioned also as mediators between the illiterate and those unfamiliar with the law on one hand and the courts on the other, advising those who sought to know about their legal rights and petitioning the courts on their behalf. Their knowledge of the law may have been gained through their scribal education and familiarity with the legal terminology. Such a system could have worked for both the victims and courts. When a judge received a petition for a legal procedure from such a scribe/Agent who he knew781 he may have been more willing to comply with the request for a trial. These scribes may also have been responsible for a preliminary examination of the plaintiffs' case, becoming part of a two-tiered court system. Some scribes may have held a high position in society,782 so that the Victim may have chosen to turn to them not chiefly because they were scribes but because of the social power they had (gained).783 It cannot be determined with certainty whether some of the impersonal Agents (especially those discussed in Chapter 3) had been scribes (perhaps scribes attached to judges), as the prosopographical research is still far from adequate. But given their training and knowledge of legal terminology, this is a highly possibility. Some scribes may have worked as officials of the court or of the crown to whom people could turn with legal issues and complaints. Those scribes may have performed a preliminary examination, after which, if the case met certain requirements, they would write to the judges. They may have been considered a part of the judicial system, and thus well connected to the judges.

780 See ibid. Briefly discussed by A. Walther (1917) 179fl. 781 Because the scribe mentioned his name in the letter. 782 See Stol (1973) 222. A Utul- Ištar, who is first mentioned as a scribe, and later as an abi şābi; see R. Harris (1975) 103. 783 For a further discussion see § V. 3.3.

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Because there was always the chance that the plaintiff’s lawsuit would be rejected by the judge,784 Agent involvement on behalf of the Victim could in some cases influence the judge to give special treatment to a person introduced to the judge by an Agent. This is shown undoubtedly in AbB 1, 92, in which the division of the field is delayed until the arrival of the Agent, and in AbB 3, 21, where the judge holds off instituting a trial until the Agent's "client" arrives.785 In sum, the scribe may have served as an Agent, especially when the Victim needed help in dealing with a legal issue and wanted to write to a judge.

V.2.3. Individuals of high social status In the letters examined in the current study, several titles are mentioned as referring persons who helped a wronged man. From the context of the texts, some of these men held a high social position and were able to help a wronged person. These men may have functioned as a "person of authority," an arbiter, and also as an Agent.

V.2.3.1. kabtum, rabûm In the OB period, the terms kabtum and rabûm seem to have been used to designate individuals who had the social power to help a wronged man. The term kabtum is translated as important, influential person (at the royal court).786 The term rabûm (rabium) is translated as "important, noble person."787 In the following references, when kabtum and rabûm are mentioned, they appear to have had some kind of authority and the power to change the situation of others. In YOS 8 39:12, a guarantee note, two people are guarantors for a slave whom they receive from a third person. It is stated that if the slave escapes, stops working, or "ekallam kabtam u rabi-a-am i-ši-i-[ma]","if he appeals to the palace, an influential person, or a great man," the guarantors will have to pay a certain amount of money.788 This means that the consequence of the slave turning to the kabtum or the rabûm is the same as if he escapes or stops working because the owner loses the

784 AbB 7, 186 785 Both discussed in Chapter 4. 786 See CAD K 27, s.v., kabtu (§4). Not all references are letters, but from the situations described we can obtain further insight about the kabtu and rabû. 787 See CAD R 36, s.v., rabû (§7). 788 See also CAD R36, s.v., rabû. See also YOS 8 15:9 and YOS 8 56:8.

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slave's labor and therefore the guarantors must compensate him for it.789 The exact function of the kabtum and rabûm cannot be determined, but they are associated with the palace and must therefore hold a high social position. YOS 8 19:10, another guarantee note says about a slave: "ekallam kabtam u rābişam790isahhurma","if he (the slave) turns to the palace, to an influential person, or to an overseer,"791 the guarantor will have to pay a certain amount of money. Here the verb sahāru has the meaning: "to turn to an authority with a request, an appeal, or to an overseer."792 The letter ABIM 22 793 is addressed to "our father" and is written by more than one person. The writers complain that they have not received the barley they should have received. Toward the end of the letter, they ask the recipient to write a letter to influential persons, "a-na a-wi-le-e ka-ab-tu-tim un-ne-du-uk-ka-tu-ka li-il5-li-ka-nim- ma", "letters from you should go to the influential persons." Under the protection of the influential persons, the writers will receive the 20 gur of barley they should have received.794 The writers explain further that orders have been given not to distribute barley,795 and the intervention of the influential persons is necessary. In this case the protection of the kabtum will enable the writers to receive the barley despite regulations not to distribute barley. In AbB 3, 52 (TLB 4 52) the writer addresses his letter to the "father" and blames the recipient for ruining his family.796 At the end of the letter the writer states: "a-na a-wa-tim an-né-tim [š]a hih-ha-aţ-ţì-a-am ma-har ka-ab-tim a-pa-lam ú-ul te- le-i", "as to this affair, which was neglected, you will not be able to justify (yourself) to an influential person!" (l. 38f.), implying that if the recipient were to approach the

789 Even more intriguing is the fact that if the slave turns to the palace, kabtum, or rabûm, this may change his status, which must be the reason for the guarantee to compensate the owner. 790 See the discussion above §V.2.2. 791 See CAD K 27, s.v., kabtu (§4). 792 See CAD S41, s.v., sahāru: "should he appeal to the palace, to a noble, or a high-ranking official." 793 The letter is not clear because of the many gaps. It appears to deal with several topics. 794 "i-na şi-li-šu-nu-ú 20 GUR še'am i nu-ú-še20-şi-am." 795 "a-na še-e-em la šu-şi-im da-an-na-tum ša-ak-na-a." 796 Abī here a form of honorific title; see also CAD A/1 71, s.v., abu; see also see W. Sallaberger (1999) 60ff, especially 69.

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kabtum, he could not justify his actions. 797 Kabtum here is someone who can be approached and asked to examine some matter, and to whom people must justify themselves or their actions.798 In AbB 7, 131 (CT 52: 131)799 the writer informs the recipient that a woman has refused to approach an honorable or influential person, but states that she will turn to the king. The writer asks the recipient to pay the woman. "a-ra-bu-tum a-na ra-bi- im ù ka-ab-tim ma-ha-ri-im i-z[i]-ir-[m]a um-ma ši-i-ma [šar-r]a-am800 l[u]-uk-šu- du", "Arrabūtum avoided approaching a great person or influential person.”801 She said: "to the King I will go." Perhaps the women felt she was wronged in such a way that she had the right to turn directly to the King, without waiting for a procedure that included a kabtum. The following letter shows how a person, who has a dispute with another rejects the use of an outside person, who may have been a kabtum. AbB 6, 145 (obv.) 1. a-na a-bi-ja qí-bí-ma To my father say, 2. um-ma şa-bi—dUTU-ma thus (says) Şabi-Šamaš d d 3. UTU ù Marduk da-ri-iš u4—mi May Šamaš and Marduk keep you in 4. li-ba-al-li-ţù-ú-ka good health forever. 5. aš-šum ki-a-am ta-aš-pur-am Concerning what you wrote me. 6. um-ma at-ta-ma a-na ARARMAki thus you (said): "come to Larsa al-kam-ma 7. a-wa-ti-ni i ni-ig-mu-ur so we can finish our legal matter." 8. a-na urura-ha-bu-umki To Rahabum,

9. a-li ši-bi-ni qá-du 2 SAG.GEME2 I the city of our witnesses, together with 2 SAG. ÌR female slaves and one male slave

797 This is somewhat similar to AbB 3, 82, in which the Agent accuses the recipient (Rw) that he has acted in such a way that only a corrupt judge (who circumvents the law) would allow Rw to win if the Victim took the matter to court. See discussion of the letter in Chapter 1. 798 Similar to AbB 7, 21 l. 25-31, in which the writer tells the addressee about a problem they must send PN to the kabtum. 799 The letter is greatly damaged and only partly understandable. 800 Freely supplemented by Kraus, see AbB 7, p. 110, n.131a. 801 Kraus translates: "Arrabūtum hat es abgelehnt sich an einen Großen oder Würdenträger zu wenden." He is unsure about the translation of the verb. See AbB 7, p. 111, n. 131b. And see CAD Z 97, s.v., zêrum: "to dislike, hating, to avoid". In the context of the letter, however, it does make sense. Is seems that Arrabūtum rather wants to turn to the King instead of turning to a great or honorable person.

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10. al-kam-ma ni-ik-ka-as-sí-i-ni come, (so) we settle our account(s), and 11. i ni-pu-uš-ma si-ta-tim I will pay you the remainder (of the 12 lu-pu-ul-ka debt)

13 aš-šum SU11.LUM ša na-ap-lu-us— Concerning the dates of Naplus-ilum DINGIR (rev.) 14. [pa-pi]l—ki-it-tum nu-UH-HU-ud Apil-kittum has been alerted.802 15. [i]š-tu i-na urura-ha-buki as soon as I will have paid you in the 16 a-ta-ap-lu-ú-ka city Rahabum 17. ni-il-la-ak-ma i-na Lagašaki we will go to Lagaš p 18. SU11.LUM a-pil—ki-it-tum and Apil-kittum will give you the dates. 19. i-ip-pa-al-ka 20. a-wa-t[u]-ni ú-ul ša kab-ti Our legal matter (concerns) neither an influential man,803 21 ú-ul ša [d]a-a-a-ni nor a judge. 22. ša bi-rị-ni-i-ma (it is) between us. 23. dUTU ù dInanna.zabalamki May Šamaš and Inanna of Zabalam keep 24. li-ba-al-li-ţù-ú-ka you in good health.

It seems that in an earlier letter to which the writer refers (l. 5-7), the recipient may have not only suggested that they should meet in Larsa to finish their legal matter, but also may have implied that he might approach a kabtum or a judge. This can be gathered from l. 20-22, in which the writer of the letter states that their legal matter should be handled between themselves. The kabtum is mentioned together with a judge, both apparently referred to as an authority to whom the person who felt wronged (in this letter the recipient who demands his pay) can turn and receive help.

V.2.3.2. abi şābim (erim) Another title, abi şābim, appeared in AbB 12, 9,804 in which the Agent asks the Recipient (his employer) to approach the abi şābim so the complaint of the Victim can be investigated. 805 The term abi şābim is translated by the CAD as "an official in charge of personnel."806 Walther discusses the term briefly and translates it as "Der

802 See CAD N/1 p. 5, nu'udu: "to draw someone's attention to something." 803Lit.: "an important (man)." 804 Discussed in Chapter 4. 805 "be-lí ki-ma ra-bu-ti a-na a-wi-lim a-bi ERIM l[i-i]q-bi-ma da-ba-[a]b-šu [l]i-in-na-me-[er]," "May my Lord in accordance with (your) high position speak to the honorable personnel manager so that his complaint may be investigated” (l. 14- 15). 806 See CAD A 51, s.v., abi şābi.

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Leutevater,"807 officials with diverse activities who enjoyed a certain prestige. 808 The abi şābim may have also functioned as a judge.809 In the following sources abi şābim is mentioned in various situations.

In AbB 2, 104 (CT 4 39d) the writer (PN) informs the recipient (PN2) that he has raised a claim on his behalf before the "a-wi-lim a-bi ERIM" (PN made himself an Agent for PN2). PN then informs PN2 what the a-wi-lim a-bi ERIM has answered, namely that PN2 should be approached and he should raise a claim. PN tells PN2 to come as fast as possible with the tablets he has received in the presence of the "a-wi- lim a-bi ERIM.

In AbB 11, 108 (PBS 7 108) the writer (PN) complains to the recipient (PN2) 810 that although he has heard about his troubles, he (PN2) did not speak with the wrongdoer and did not handle the case. Therefore PN informs PN2 that he has approached the a-we-lim PN3 a-bi ERÉN, and a messenger from him was dispatched to PN2. PN2 should exert pressure on the wrongdoer. As the Victim (PN) was wronged, and the person who should have handled the affair (PN2) did not do so, the Victim asks the abi şābim to help him deal with 811 PN2 (the ", negligient accomplice" ). The abi şābim functions here as an Agent for

PN; by sending his messenger to PN2 (probably commanding him to take care of the affair) he demonstrates his power. If the abi şābim wrote a letter, it would probably be similar to many letters in Chapter 1 or 2. Here the Agent (abi şābim) instructs

(through his messenger) PN2 to address the Victim's problem.

In AbB 6, 212 (VAS 7 195) the writer (PN) complains to the recipient (PN2) that PN2 has not given him what he should have. He warns or threatens him that if he does not give him what he demands, "ša-ka-an a-wi-le-e a-bi ERIM.MEŠ qú-ur-ru- ub", "the installation of the abi şābi officials is at hand."812 Warning or threatening to

807 See A. Walther (1917) 158f. 808 The abi şābim may have been a-high ranking official in the army as well. See ibid. See also R. Harris (1975) p. 102f who states that the abi şābim may also serve as an arbiter in disputes arising over military matters. 809 See CAD D 8, s.v., dabābu: "the case has been pleaded before the honorable abu şābim-officials, and they decreed the replacement of the bulls for them." (TCL 1 164, l.14) 810 PN's "threshing floor was looted"; see AbB 11, 108, l 21. 811 The real wrongdoer is the person who looted the threshing floor. But PN2 wronged the Victim because he did not take care of the affair by dealing with the wrongdoer. 812 See CAD Ş 51, s.v., abi şābi.

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involve the abi şābim is meaningful only if the office of the abi şābim is powerful. It may not be pleasant for the wrongdoer if the abi şābim becomes involved. A similar situation appears in AbB 6, 145 (discussed above), in which the writer of the letters states that: "Our legal matter (concerns) neither an influential man (kabtum), nor a judge, (it is) between us" (l. 20-22). The recipient may have threatened to turn to the kabtum or the judge (in an earlier letter), which the writer wants to avoid. In TCL 1 164813 letters have been sent by an abi şābim to PN concerning three thieves who have stolen oxen. The abi şābim instructed PN to send the thieves to Babylon, where the thieves made a statement before the abi şābim and were ordered to return what they had stolen. One of the stolen oxen was found in the hands of one of the thieves and given directly to the ţupšar şābim (the scribe of the abi şābim). From the text above one can understand that the abi şābim can function in various capacities. He holds a powerful position that enables him to investigate and handle claims, have thieves come to him for interrogation, make wrongdoers correct their ways, warn them, or threaten them. In his powerful position he may use the services of a scribe (ţupšar şābim) so that he can immediately issue instructions written down by the scribes and order them sent by messengers. Even though we have only a vague understanding of the functions of people who bear such titles as kabtum, rabûm, or abi şābim, we can note some common characteristics. They all had high positions in society, and in some cases they had the power to interfere in legal matters and offer protection, and to function as judges and arbiters. We cannot know whether they worked in the service of the crown or of the temple, or had risen to a high social position thanks to some other advantage. Nevertheless, they were known to the people as persons one can turn to when wronged, as can be seen in the sources above. They may have functioned as a "person of authority" or as an Agent, interceding on behalf of the Victim. Given their high position and ability to arbitrate in legal matters, they may also have been part of a "circle" of people who had thorough knowledge of legal terminology, which they used when they interceded and helped those who approached them. However it seems, as they were known for their high position and their ability

813 See M. Schorr (1913) text 309.

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to influence and help, that merely mentioning their name could have carried a warning or perhaps even a threat, they were frequently approached due to their high social status and power, rather than their legal knowledge (if existed).

V.3. Examining the influence tactics used by the Agents Below I examine the impersonal Agent from a different angle, and test whether the results strengthen the conclusion reached above. I further check whether we can establish a distribution of the various types of impersonal Agents that have been suggested. It is easy to find the court's and arbitrator's source of power. The power of the court derives from the King (the judicial system, or the law). By contrast, the arbitrators derive their authority from being chosen by both parties. Consequently, both judges and arbitrators have a strong position vis-à-vis the defendant and the plaintiff. At the end of the process (trial or arbitration), the judge's and arbitrator's decisions are respected and followed.814 Judges and arbitrators need not persuade the disputants because their words carry sufficient authority by the power vested in them. The situation is different for Agents. Some of the Agents may have held high authoritative positions such as King or judge.815 They had the necessary authority to force the Recipient to comply with their demands, and did not need to resort to tactics of influence. Most Agents, however, who did not have such authority had to use tactics of influence in order to persuade the Recipient. The following table presents the tactics of influence used by personal and impersonal Agents.

814 Unless the parties do not come to an agreement and go to trial, or even retrial. 815 See Discussion in Chapter 5, §V.2.1.

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The influence tactics used by the Chapter 1 Chapter 2 Chapter 3 Agent Pers. Impers. Pers. Impers. Pers. Impers. Agent Agent Agent Agent Agent Agent The Agent provides the Recipient with 5 6 2 2 1 information about the Victim. The Agent criticizes the Recipient. 1 4 2 1 1 The Agent threatens the Recipient. 1 The Agent warns of possible future 2 4 1 consequences. The Agent approaches the Recipient 2 2 on a note of personal favor. The Agent flatters the Recipient. 2 The Agent refers to the law as the 1 1 1 10 basis for his demand. Table 7: The influence tactics used by the Agents816

As can be seen in Table 7, two tactics of influence stand out by their frequency: providing the Recipients with information (11 out of 14 letters in Chapter 1) and referring to the law (12 out of the 15 letters in Chapter 3).817 By comparing these two different tactics I try to determine and specify which type of impersonal Agent described above (scribe/judge, kabtum/rabûm/abi şābim) is more likely to be the impersonal Agent in those chapters. For the purposes of this comparison I use the information provided in an article by G. Yulk and J.B. Tracy818 about the effectiveness of nine forms of influence tactics used by a person on his subordinates, peers, and boss. The goal of the study is to show the efficiency of influence tactics on work commitment, instructing managers about the tactic that leads to a higher work commitment, and identifying those that cause resentment. The authors assume that: "A tactic is more likely to be successful if the target perceives it to be a socially accepted from of influence behavior, if the agent had sufficient position and personal power to use the tactic, if the tactic had the capability to affect the target's attitudes about the desirability of the request."819 The authors further

816 Also see Table 9 in Appendix 5. 817 Some Agents use more than one tactic in the same letter; see Table 9 in Appendix 5. 818 See Yulk and Tracy (1992) 526. 819 Ibid.

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examine which of the tactics of influence are likely to be used in which direction: downward, laterally, or upward.820 We must take into account the fact that the situations described in the letters studied in the current research and those in the study of Yulk and Tracy differ not only by thousands of years but also in the way people relate to each other. The study by Yulk and Tracy is based on questionnaires administered in different work environments, mainly involving the manager and those surrounding him. By contrast, the situations and relations between the people mentioned in the letters (Victim, Agent, and Recipient) cannot be determined with certainty. Nevertheless, there are some similarities that enable us to correlate information from Yulk and Tracy's study with the letters in the current research. In Yulk and Tracy's article there are three different directions of influence: from the manager downward (influencing the subordinate worker), from the worker upward (influencing the manager), and lateral influence on a person of the same level of power (a co-worker). In the current study there is one main direction: the Agent wants to influence the Recipient to comply with his request and help the Victim. We have already examined the relationships between the Victim and Agent, finding that some have a personal relationship (personal Agent)821 and others do not (impersonal Agent). Examining the communications between the Agents and the Recipients of the letters may be able to help us gain further insight into the identity of the Agents. One way to do so is by examining the influence tactics the Agent uses on the Recipient.

V.3.1. Determining the power structure To use the information provided by Yulk and Tracy's article, we need to know as much as possible about the power formation expressed in the letters. The Recipients of the letters in Chapters 2 and 3 have already been determined to be persons of authority, such as judges. What type of positions do the Recipients of the letters in Chapter 1 have?

820 "The model is used to derive specific hypotheses about the effectiveness of the nine tactics for influence target commitment in a downward, lateral, or upward direction," ibid. 821 Most of the personal Agents may have been of a higher social position then the Victim, as most personal Agents were from the Victim's work environment (employer, master, overseer, etc.).

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Until now we tagged them only according to their role in the letter, as, for example, Rw, Recipient-wrongdoer. Most of the Recipients in the letters in Chapter 1 (10 out of 14) have some high social position, either recognizable by their title (governor of the river,822 Marduk-nāşir and the judges of GN,823 provincial governor,824 Šamaš-hāzir, a high official under Hammurabi),825 or by the acts they perform (return a house to the Victim or give him a house equivalent in size,826 detain or free the Victim,827 take a house and give it to someone else,828 or impose ilku duty).829 Consequently, most of the Recipients in Chapter 1 are of relatively high social status. We now return to examine the two most frequently used tactics of influence: providing the Recipient with information (Chapter 1) and referring to the law (Chapter 3).

V.3.2. Providing the Recipient with information (Rational persuasion) In Chapter 1, eleven Agents out of fourteen provide the Recipient with information about the Victim or his property as an argument for influencing his behavior toward the Victim. According to Yulk and Tracy, this type of influence tactic belongs to the "rational persuasion" category, when the person uses logical arguments and factual evidence.830 According to Yulk and Tracy, this tactic is more likely to be used in an upward direction, meaning that the person in the lower position (worker) uses "logical arguments and factual evidence" to persuade someone in a more powerful position (his boss). 831 As shown above, most of the Recipients of the letters in Chapter 1 (Rw) have a powerful social position. For this reason, use of logical arguments and factual evidence (information) by the Agents could indicate that the Agents in Chapter 1 have a somewhat lower position then the Recipients (Rw). Because the Agents use other

822 AbB 1, 129; AbB 7, 59. 823 AbB 7, 51 824 AbB 10, 1 825 AbB 4, 134; AbB 9, 198 826 AbB 2, 131 827 AbB 5,144 828 AbB 10, 3 829 AbB 10, 13 830 See Yulk and Tracy (1992) 526, and Table 10 in Appendix 5. 831 See Yulk and Tracy (1992) 527.

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influence tactics as well,832 such as warnings, criticism, flattery, and threats, the letters in this chapter have more of a "personal tone" than the letters in Chapters two and three do. The letters in Chapter 1 written by the personal Agents are similar in their use of tactics of influence and in their personal tone to those written by the impersonal Agents. The letters show greater resemblance to each other than to the letters in Chapters two and three, which are more formal. Therefore I suggest that the social position of the impersonal Agents in Chapter 1 is similar to that of the personal Agents in that chapter. This implies that they belonged mostly to the work environment of the Victim, or that they may have known the Victim otherwise and were to some extent personally involved. The Agents in Chapter 1, both personal and impersonal, were probably in a higher and stronger position then the Victim (e.g., his employer, owner, overseer), but in a lower position then the Recipient (who may have been judges, the king's officials, of the provincial governor). Therefore, the Agents tried to influence the Recipients with "rational persuasion" by providing important information and other rational arguments, such as warning the Recipient about future consequences (e.g., the victim will sue, which could eventually harm the Recipient.)833 In addition to the employees and masters of the Victims, individuals such as the kabtum/rabûm/abi şābim were also well suited to serve as Agents. They were probably of a higher social rank than the Victim, but perhaps not as high as some of the Recipients. Through their social status they were more likely to influence and persuade the Rw to change his behavior toward the Victim, and thus achieve justice for him.

V.3.3. "Legitimating" The other frequently attested tactic of influence used by the Agents was referring to the law (in 12 out of 15 letters in Chapter 3). 834 Referring to the law as a

832 This information may indicate to the wrongdoer that he acted either out of ignorance (if he did not have the appropriate information) or out of malice (if he had the information but nevertheless chose to harm the Victim). 833 E.g. AbB 2, 131. 834 Sallaberger notes that some of the arguments used in the OB letters are of juristic character; thus he explaines: "Juristische Argumentation zeichnet sich zudem dadurch aus, dass die her neue Informationen bietet, ja gerade daraus ihre Beweiskraft enthält. Eindeutig gehört hierher der Verweis,

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basis for the Agent's arguments 835correlates with Yulk and Tracy's definition of the tactic of influence they call legitimating: "The person seeks to establish the legitimacy of a request by… verifying that it is consistent with organizational policies, rules, practice or traditions."836 The authors note that this tactic is used more in the lateral than in a downward or upward direction.837 It is possible that this is the case of the Agents in Chapter 3, and that they were considered to be in the same social and power position as the judges? I believe that at least some of them were. As shown above, some of the Agents in Chapter 3 were themselves judges, or even the King.838 Moreover, note that the function of judge was filled by various types of people, and some of them may have had higher or lower social status than others. As discussed earlier, the Agents in the letters in Chapter 3 used legal expressions and referred to the law, showing that they were knowledgeable in the legal tradition and the law, common or written. Their writing style is formal and concise. Their main tactic of influence is to refer to the law, without providing information or other rational evidence. This type of tactic of influence, connecting the main argument (referring to the law) with the request, is generally used on people of the same power level.839 Furthermore, the difference between the styles of the letters in Chapters one and three leads us to the conclusion that the letters in the two chapters represent different attitudes and approaches adopted by the Agents. I therefore suggest that the Agents who wrote the letters in Chapter 3 were individuals who served in some capacity within the judicial system, on the same basis as judges did, alternating with their other occupations.840 They were not arbitrary individuals of a higher social status who were approached by the Victims randomly in ein Festgehaltener sei ja Einwohner eines Ortes, Untergebener von NN (PN) usw., daher freizulassen." Under this sections he brings the following letters which are also discussed in the current research: AbB 1, 129; AbB 5, 144, AbB 13, 125, AbB 9, 3. See W. Sallaberger (1999) 231. Further he stats that this line of argumentation is based on a specific rule which is binding and thus the Agent implies to this rule in his argumentation. See W. Sallaberger (1999) 232. 835 See discussion in Chapter 3, §III.3.2. 836 See Yulk and Tracy (1992) 526, and Table 10 in Appendix 5. 837 See Yulk and Tracy (1992) 528. 838 See discussion in chapter 5 §V.2.1. 839 See Yulk and Tracy (1992) 528. 840 Just as the work of the judges in the judicial system was mostly not permanent, see discussion in Introduction §6.

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order to help them with their case. On the contrary, they were approached precisely because of their knowledge of the law, their knowledge of legal language, and their familiarity with the court system and the judges (this last quality perhaps being the most important one). It is reasonable to assume that these Agents were considered by the judges to be colleagues and equals in social power and influence. These Agents may have played a role in the preliminary examination that took place at the residence of the Victim whenever the court and judge were located somewhere else841 or when a person was not sure about his rights and his case. They had the power to freeze a court procedure and influence the judge to wait for the Victim. As shown above, two main groups of individuals most fit these criteria: individuals who occasionally act as judges, and scribes. The judges of smaller courts, in smaller places, such as villages, could in many cases advise and refer the case to other courts (AbB 11, 7; AbB 11, 159). They were in good position to use the proper legal formulations. The scribes who worked in the court system would suit this description more than any other group. They worked with the judges and wrote the trial records; they had knowledge of the law, common and written, acquired during their studies and some of them undoubtedly developed personal relationships with the judges. They were not jurists or lawyers in the modern sense, but because of their knowledge and position they could function as mediators between a wronged man and the court system. When the Victim approached them for help, it was not strictly as scribes but rather as individuals who had knowledge and contacts that they acquired through their profession. When the scribes acted as mediators by virtue of their powerful position and knowledge, whether or not they knew the Victim personally, they used official legal formulations and a concise writing style, just as they did when writing a trial record or other document in connection with the court during their scribal work.

841 See the discussion in §V.2.2.

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V.4 Search for the most effective mediator Finding the right Agent depended on the Victim's goal and on the people he knew. The wronged person had to decide whether his goal was to approach the wrongdoer and make him undue his injustice, ask for help from a person of authority, or request a trial. The wronged person also needed to take into account the people he knew, the ones he could ask to intercede on his behalf. He had to decide whether to approach his family or his employer/master, and whether these were in a sufficiently strong position to influence the wrongdoer.

V.4.1 Choosing an Agent to influence the Rw (Recipient-wrongdoer) Given that the main goal of the Agent in Chapter 1 was to influence the Recipient-wrongdoer, the most powerful Agent that the Victim could find would be the best. The higher the social status and the greater the power the Agent possessed, the more of a chance he had to influence the wrongdoer, who himself held a high social position. As shown above, 6 out of 14 Agents in Chapter 1 were connected to the Victim through the work environment. The impersonal Agent may have been someone who belonged to the work environment or an individual of a higher social stature (e.g., kabtum, rabûm, or abi şābim, as in Chapter 2). Nevertheless, because the tone and style of the letters in Chapter 1 are of a more personal nature, and because the impersonal Agents criticize and warn the Recipients, exactly as the personal Agents do, it is plausible that they were personally involved with the Victim's case and had some personal connection to the Victim, although they made no mention of it in the letters. In sum, when a person was wronged and wanted to approach the powerful wrongdoer through a mediator, it was best for him to choose a powerful mediator as well. This could be his master, employer, overseer, or someone in a similar position. The higher the mediator was positioned, the better the chances were that the wrongdoer would change his behavior.

V.4.2 Choosing an Agent to influence the Rh (Recipient-helper) All the letters in Chapter 2 are addressed to the person in whose power it is to help the Victim in various ways (investigating, standing by, etc.). The Agent's tactics of influence in Chapter 2 are more moderate than those in Chapter 1. Less 190

information is provided about the Victim or his property, but more information about the injustice that the Victim has suffered. Hardly any expressions of criticism, threats, or warnings are used. This is understandable in light of the fact that the Agent wants to persuade the Recipient to help the Victim by making him aware of Victim’s suffering, and evoking Rh’s sympathy and willingness to help. In four letters the Agent uses a soothing tone as he twice approaches the Recipient on a note of personal favor, and twice flatters the Recipient.842 Given that the system relies on the willingness of the Recipient, rather than on payment by the Victim to the Agent, having a powerful Agent can increase the Recipient's willingness to comply. The Recipient may be more willing to help the Victim if he knows that he is well connected, and if he grants the Agent's request, the Agent will be in his debt. Thus, it appears that it was important for the Victim to find an Agent who had a high social status and the ability to influence the Recipient (Rh) and make him comply with the request. Six out of the 13 letters discussed in Chapter 2 are written by a personal Agent and seven by an impersonal Agent. Although the personal Agents belong mostly to the Victim’s work environment (overseer, master, employer, etc.), it is reasonable to assume that the impersonal Agents may have been either from the work environment as well or that they were some individuals of a higher social stature (e.g. kabtum, rabûm, or abi şābim).

Number of Chapter 1 Chapter 2 Chapter 3 Agents between the Victim and (total of 14 letters) (total of 13 letters) (total of 15 letters) the Recipient 1 Agent 13 10 13 2 Agents Personal Impersonal Personal Impersonal Personal Impersonal AbB 9, AbB 1, 58; AbB 7, 186 AbB 1, 120 198 AbB 9, 38 AbB 13,143 Total use of 2 1 (0.7%) 3 (23%) 2 (1.3%) Agents Table 8: the percentage of the use of two Agents between Victim and Recipient

842 See Table 7.

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From Table 8 obove it can be seen that the letters in Chapter 2 describe more extensive use of two Agents than do those in Chapter 1 and 3, suggesting that in these cases it was even more important to have an influential Agent. Thus, if the Victim did not know a person powerful enough socially, he approached an Agent who did and who was willing to advance his cause.

V.4.3. Choosing an Agent to influence Rj (Recipient-judge) If the goal of the Victim was to institute a trial, it was best for him to approach an Agent who was familiar with the court system and the legal formulas, or even better, with the judges themselves. Most of the letters in Chapter 3 are written to the judges by an impersonal Agent. But out of four letters written by a personal Agent, 2 make use of two Agents between the Victim and the Rj, implying again, as in Chapter 2, that if the Victim did not know such an Agent personally, it was important for him to find someone who did. For example, although the beginning AbB 1, 120 is missing, from what is written we can reconstruct that property had been taken away from a family. Consequently the family turned to a family member and asked him to obtain help within the judicial system. This family member did not approach the judge directly but sought the help of Agent2, who used formalized legal expressions to write to the judges.

In AbB 13, 143 Agent1 informs Agent2 that the Victim is not a stranger to him, therefore we know that the Victim chose a personal Agent. Agent1 asks Agent2 to tell the judge: "may he judge his case; as if I were present myself" (l. 9-10). We can account for two things based on this information. First, the request by Agent1 implies that his presence at the trial may influence the attitude of the judge toward the Victim, therefore he is a person of status, more so than the Victim. Second, Agent1 assumes that Agent2 has some type of connection with the judge (oral or written), and is in a position to somehow influence him on instituting a trial. Otherwise the request would be pointless. A scribe working with the judge or some other court official could have good access to the judge, and may have influence on him through their work relationship. Consider, by comparison, AbB 11, 5, a letter written by the brother of the Victim (a woman) to the judge. The tone and style are very different from all the 192

other letters in Chapter 3, and are more similar to the letters in Chapter 1. In this letter the Agent does not use the law as an argument, nor does he employ the typical legal language "dīnam kīma şimdati (šuhuzu or qabû)" in his demand for a judgment. He further criticizes the Recipient and notes that he has done a favor to the family. The tone of the letters is personal and angry, not formulaic and concise. This letter was written by someone who was personally involved with the Victim (a brother) which accounts for its much more personal tone. The other letters, formal and concise, are impersonal and may imply that the writers had a more technical attitude and no personal stake. Their arguments are based on the legal right of the Victim to receive a trial and not on rational persuasion of the Recipient. In sum, most Victims who sought to have a lawsuit instituted for them would seek an Agent with access to the judges and proper knowledge of the law and of legal formulas. If they did not know someone themselves, they tried to find an Agent who could advance their cause with a further Agent.

V.5. Resemblance to the system of a personal god843 J. Bottéro described the Mesopotamian religion as a system in which "one feels before the god the same sentiments that animate the humblest subjects before their ruler, and before the high and mighty persons that participate in his power."844 Thus people transferred their understanding of political power structure onto their religious understanding. Bottéro noted that they were not only polytheists, they were also anthropomorphists. They transposed their human attributes onto the deities, having male and female gods, married, having children, quarreling, and eating. He concluded that "The gods were regarded to be entirely like men, but better. They had a body and a shape identical to ours, but without our imperfections and untouched by our weaknesses and our decrepitudes."845 The concept of a person seeking the help of another to intercede for him with the more powerful ones (authorities or wrongdoers) is mirrored in the religious day-

843I wish to thank Prof. M. Malul for pointing out the resemblance of the Agent in the letters to the idea of a personal god. 844 See J. Bottéro (1992) 210. 845 See J. Bottéro (1992) 212. Bottéro noted: "In conclusion, well before the beginning of history the ancient Mesopotamians simply transposed the image of what they knew here on earth to the highest, their ‘ruling class’ as we would say, to portray the gods," ibid 211.

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to-day experience in the use of a personal god. An individual made a deity into his personal god, asking him to intercede on his behalf with a higher god. The believer perceived him just as if he were a parent responsible for the wellbeing of his child.846 In the writings it is understood when the possessive suffixes "my/mine" is added the DINGIR, ilum and iltum.847 Huttler suggested that the personal god had three main functions: 1. To guarantee the physical welfare of a person and his success. A person owed his life since birth to his personal god. 2. To protect the person from political and military enemies as well as from witchcraft and demons. 3. To represent the person and act as his mediator and spokesman before other gods. This function was often visualized iconographically in the "Einführugnsszene," which were of two main types: (a) the personal god taking his protégé by the hand to the higher deity sitting on a throne, or (b) the personal god standing behind his protégé.848 The scene of the Einführugnsszene in which the personal god takes his protégé to the higher god, and the requests that the believer directs to his personal god to intercede on his behalf with more powerful ones, is similar to the situation of the Agent, the Victim, and the Recipient. Therefore, the system of the personal god mirrors human behavior, where a person who has been wronged asks a mediator to intercede on his behalf.

846 See J. Thorkild (1976),147-164, especially 155ff. 847 See D.O. Edzard (2004), 594f. See also CAD D 64, s.v., damiqtu: "May my (personal) god and goddesses value me highly and intercede for me," and "his personal god will intercede for him," ibid, 66. See further examples in CAD Ş 24, s.v., şabātu (abbūtu) "to intercede," in (b.) referring to gods. 848 See M. Hutter, (1996), 50. For a discussion and visual examples of seals see I.J. Winter (1987), M. Haussprenger (1991).

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Conclusions The writings of the Old Babylonian period are rich in materials concerning the legal system. A great amount of various types of legal documents, including trial records, contracts, wills, lexical lists, and others afford a broad understanding of the law in daily life. The Mesopotamian "state," specifically the king and the temple, had created a legal system of courts and judges that provided an apparatus for wronged individuals to raise claims for injustices they suffered. The wronged person could turn to the courts for a trial. In special cases, if the outcome of the trial was not to his satisfaction, he could ask to be tried again before a higher authority, a different court, or even before the King. Another possibility was to approach an arbitrator, in which case both parties agreed beforehand to accept the arbitrator's verdict. But the legal system was not always able to deal with each complaint and provide justice for the weak. At times, injustices were inflicted on the weak by officials of the crown (e.g., taxation and wrongful land allocation), making the courts unsuitable for solving the injustice. Occasionally weaker individuals (e.g., slaves, servants) were unable to handle their own affairs and settle their dispute with their wrongdoers. Others were not able to do so with their peers (e.g., business partners, buyers, seller, heirs), or confront those of higher social status and power (overseers, state officials, judges). In these cases the wronged individuals depended on the help of others, usually in a higher and stronger social position and with a better ability to influence the perpetrator. Enlisting an Agent was for some individuals the only way to achieve justice. A "social system" of this type, in which the weak approached a stronger and more influential person with a request for help in dealing with an injustice or a problem caused by a wrongdoer, was supplementary to the judicial system provided by the "state." It was a system built primarily on connections and familiarity between people. If the only Agent the Victim knew was not powerful or influential enough to influence the Recipient, the Agent would bring the Victim's case to yet another Agent, in a higher position on the social ladder, and ask him to intercede on the Victims' behalf. Individuals could find themselves in both situations: a wronged person in need of help or an Agent approached by a weaker one. Nobody was exempt, as even 195

powerful and influential people could find themselves in a situation in which they needed help from somebody. But clearly, this system of help was more important for the weaker individuals of society because they were more dependent on the willingness of the more powerful ones to help them. I have shown in this study that different types of Agents existed. In Chapters 1 and 2, almost half of the Agents are tagged as personal Agents who could be family members of the Victim, acquaintances, or individuals related through work (lord, employee, overseer, or business partner). For the impersonal Agents, whose connection with the Victim is not stated in the letter, I have found six possible identities: (1) the impersonal Agent was one of the types of personal Agents who for some reason did not mention his relation to the Victim; (2) a person of authority of very high status, who remits the case to a person of authority of a lower status, (3) a person of authority, to whom the Agent came for a judgment, but the person of authority was not capable of dealing with the case and sent him to another person of authority, presumably of stronger capability; (4) a person who may have occasionally presided as a judge, who had the knowledge and connections within the judicial system and may have been in a good position to approach the high authorities of the judicial system and other officials on the Victim's behalf; (5) a scribe, especially evident in letters written by the impersonal Agent to a judge; (6) individuals of a high social status849 (e.g., kabtum, rabûm, abi şābim) to whom the wronged person could appeal for help, who were known to have the social power and means to influence and force people to obey their instructions. The wronged person who decided to ask for help from an Agent needed to choose a person whose abilities would guarantee that he obtain justice. The choice may not have been entirely the Victim’s, it depended on who the Victim was and whom he knew, the latter being most important. From the letters evaluated in this study it appears that when a Victim chose to turn to a personal Agent (family, acquaintance, or work-related), in most cases the Victim approached an Agent from his place of employment: his lord, employee, overseer, or business partner. This suggests the presence of certain social conventions,

849 This type of Agent is similar to the fourth kind. Both types are people with a certain social position, some higher than others, who can help through their knowledge, experience, and social status.

196

including the Agent's sense of responsibility toward his employee, not only in matters concerning work but on a personal level as well. This sense of responsibility goes even further, and in some cases, when the direct employer or overseer of the Victim did not have the necessary influence, he advanced the Victim's case to a higher employer or authority, who would intercede on the Victim's behalf. The Victim needed to choose an Agent who could advance his case, otherwise there was no justification for asking the Agent for help. Therefore, if the goal was to confront, persuade, or even intimidate the (powerful) wrongdoer, an influential Agent was preferable. If the goal was to persuade a person of authority to help the Victim, it was best for the Victim to appear well connected, and therefore it was important to choose a powerful Agent. If the goal was to have a trial instituted, an Agent with legal knowledge and connection with officials working in the judicial system was needed. Different Agents used different types of persuasion tactics, each according to his goal, power, and involvement with the Victim. The Agents in Chapter 1 used primarily "rational persuasion," thus providing the Recipient with much information. The Agents in Chapter 2 sought to persuade the Recipient (Rh) to help the Victim by investigating, supporting him, or providing justice. The Agents therefore elaborate and provide more information about the Victim's problem than about the Victim himself or the status of his properties. The Agents wanted to awaken the Recipient's compassion and willingness to help. The Agents in Chapter 3, writing to the Judges (Rj), base their requests primarily on the legal right of the Victim to receive a judicial solution (trial and verdict). Very little, if any, information is provided about the Victim or his case. The letters are concise and use legal scriptural formulas, referring to the law as their main argument. In chapter 4 we see that the Agent keeps the Victim up to date with information about what he has done: writing letters, reinforcing letters written by others, and writing to the appropriate persons. He also informs the Victim about the consequences of his actions, tells him what is going to happen, and asks him to prepare for what lies ahead. Further we see that a court procedure has been dellayed because the Agent represented the Victim's case. Thus a judge clearly showed partiality toward the Victim who was represented by the Agent. 197

I have shown in the present study that although there were no professional "lawyers" in the OB period, certain people in society functioned as Agents and helpers of people who have been wronged. In this capacity, they provided a service similar to that provided by present-day lawyers. Thus, the social legal system of the courts and of arbitration, which the king advertised on his stele "in order that the mighty not wrong the weak,"850 was supplemented by a system of people, Agents who used their social status, power, and influence to help the weak obtain justice.

850 Transliteration and translation: M. Roth (1995) 133-134.

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Appendix 5

Examples of trial records851 1. CT VIII 24b, M. Schorr (1913) doc. 267, p. 368852

1. aš-šum 3 SAR bît ki-di-im Concerning 3 sar house-in the open country.853 2.-4. PN1 mârat PN2 a-na PN3mârat PN1 the daughter of PN2 raised a claim on PN4 ir-gu-um-ma PN3 the daughter of PN4. 5. daiânê.MEŠ šarrim ik-šu-da-am They came to the judges of the king, and 6. daiânê. MEŠ a-wa-ti-ši-na i-mu- the judges examined their evidence and ru-ma 854 7.-8. še-ir-tam PN1 i-mi-du imposed a punishment on PN1. 855 9.-13. ú-ul i-ta-ar-ma PN1 mârat PN2 She will not return and PN1 the a-na PN3 mârat PN4 ú-ul i-ra- daughter of PN2 will not raise a claim

gu-um again on PN3 the daughter of PN4. 14.- niš iluŠamaš iluAja iluMarduk They took an oath by Šamaš, Aja Marduk 16. ù sa-am-su-i-lu-na šarrim and the king Samsu-iluna. IN.Pá(d).Demeš856

The account of the trial procedure in this document jumps from examining the evidence to the punishment, leaving out the instituting of the trial (dīnam šūhuzu), the ruling of the lawsuit, and payments by the litigants.

851The names within the document are replaced with PN, and the names of the witnesses at the end and the names of the people on the seal will not be brought at all. For further examples of trial- records see M. Schorr (1913). 852 Lines 17-26 are names of 7 witnesses, lines 27-28 are the year name. 853 See CAD K 345, s.v., kīru: "outside, region outside the city", the text mentioned in ibid 346. 854 See CAD E 143, s.v., emēdu: "to impose a punishment." 855 See CAD T 261, s.v., târu: "to do again." 856 IN.Pá(d).Demeš=i-ta-am-mu-u, and see CAD T 159, s.v., tamû: "to take an oath."

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2. CT VI 49a, M. Schorr (1913) doc. 277, p. 384f.857

1.-4. 1/2 SAR É.DÙ.A PN 2 bought a half of sar developed land itti PN1 PN2 IN.Ši.In.Šam from PN1.

5.-6. PN1 ip-ku-ur-šu-ma PN1 claimed it and 7.-8. daiânê. MEŠ di-nam the judges instituted a lawsuit for them. ú-ša-hi-zu-šu-nu-tu-ma 9.-10. DUB-bi la ra-ga-mi-im A tablet (promising) not to sue (again) šu-zu-ub was made out.858 11. [2] sikil kaspim… [2] shekel silver….. 12. [ar]na ….. punishment…. 13.- niš iluŠamaš iluAja iluMarduk They took an oath859 by by Šamaš, Aja 15. ù ha-am-mu-ra-bi šarrim Marduk and the king Hammurabi. it-mu-ú

In this document the institution of the lawsuit is stated (l. 7-8) but from that point the account of the trial procedure (examining the evidence, etc) is omitted, and the document continues at the point in the trial in which the verdict was already given and the (losing) litigant was made to promise not to sue again (l. 9-10.) Both trial- records have the litigant take an oath at the end of the whole trial- procedure.

857 Lines 16- 23 include the names of 4 witness; l. 24 stats the year of Hammurabi. 858 See CAD R 64, s.v., ragāmu: "document (promising) not to sue." 859 See CAD T 159, s.v., tamû: "to take an oath."

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3. Table 9: The Influence tactics used by the Agents (with letter numbers). chapter 1 chapter 2 chapter 3 personal impersonal personal impersonal personal impersonal Agent Agent Agent Agent Agent Agent

The Agent AbB 1, 129, AbB 7, 51; AbB 10, 149 AbB 4, 73; AbB 9, 6 provides the AbB 10, 1; AbB 10, 13; AbB 10, 151 AbB 11, 119; Recipient with AbB 4, 134; AbB 5,144; information AbB 9, 198; AbB 13, 125; about the AbB 10, 3 AbB 2, 131; Victim860 AbB 3, 82; The Agent AbB 1, 129; AbB 7, 51; AbB 10, 151 AbB 11, 5 AbB 11, 183 criticizes the AbB 10, 13; AbB 9, 38 Recpeint AbB 3, 82; AbB 2, 131 The Agent AbB 9, 236 threatens the Recipient The Agent AbB 1, 129; AbB 2, 131; AbB 7, 85 warns of AbB 4, 134; AbB 7, 59; possible future AbB 7, 67; consequence AbB 13, 125 The Agent AbB 9, 198; AbB 10, 149 approaches the AbB 10, 1; AbB 11, 32 Recipient on a note of personal favor The Agent AbB 14, 190; flatters Rh AbB 11, 90

The Agent AbB 9, 236 AbB 3, 82 AbB 9, 6 AbB 6, 138 refers to the law AbB 6, 142; as the basis for AbB 7, 85 ; his demand. AbB 7, 135; AbB 10, 161 AbB 11, 78 AbB 11, 101 AbB 11, 159 AbB 11, 183 AbB 14, 184

860 Mainly information about the statues of the Agent, if he was held captive; or the statues of his property if it was taken away from him; or other information which would explain why the recipient was wrong in his actions.

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Table 10: Definition of Influence Tactics by Yulk and Tracy. 861

Tactic Definition

Rational persuasion The person uses logical arguments and factual evidence to persuade you that a proposal of request is viable and likely to result in the attainment of task objectives.

Inspirational appeal The person makes a request or proposal that arouses enthusiasm by appealing to your values, ideals, and aspirations or by increasing your confidence that you can do it.

Consultation The person seeks your participation in planning a strategy, activity, or change for which your support and assistance are desired, or the person is willing to modify a proposal to deal with your concerns and suggestions.

Ingratiation The person seeks to get you in a good mood or to think favorably of him or her before asking you to do something.

Exchange The person offers an exchange of favors, indicates willingness to reciprocate at a later time, or promises you a share of the benefits if you help accomplish a task.

Personal appeal The person appeals to your feelings of loyalty and friendship toward him or her before asking you to do something.

Coalition The person seeks the aid of others to persuade you to do something or uses the support of others as a reason for you to agree also.

Legitimating The person seeks to establish the legitimacy of a request by claiming the authority or right to make it or by verifying that it is consistent with organizational, policies, rules, practices, or traditions.

Pressure The person uses demands, threats, or persistent reminders to influence you to do what he or she wants.

861 See Yulk and Tracy (1992) 526.

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217

Letters and other sources used in the study

Source Discussed Full citation (F) page in chapter: Part citation (P) AbB 1, 33 5 P 163 AbB 1, 34 5 P 100, 169, 171 AbB 1, 58 2 F 73, 75, 78, 81, 82, 83, 86, 88, 158, 159, 191 AbB 1, 92 4 F 135, 137, 145, 146, 153, 173, 177 AbB 1, 120 3 F 102, 104, 111, 112, 115, 117, 120, 158, 159, 172 191, 192, AbB 1, 129 1 F 42, 45, 49, 50, 56, 61, 135, 158, 160 AbB 2, 104 5 P 181 AbB 2, 131 1 F 26, 43, 45, 47, 50, 52, 58, 158, 186, 187, 201 AbB 3, 21 4 F 138, 147, 145, 177 AbB 3, 52 5 P 178 AbB 3, 82 1 F 43, 44, 45, 47, 49, 53, 59, 158, 179, 201 AbB 4, 64 5 P 163 AbB 4, 69 5 P 163 AbB 4, 73 2 F 48, 76, 78, 79, 81, 82, 83, 89, 158, 201 AbB 4, 134 1 F 39, 42, 45, 48, 50, 54, 60, 82, 158, 159, 186, 201 AbB 5,144 1 F 43, 44, 45, 47, 53, 61, 158, 186, 201 AbB 6, 71 3 F 103, 104, 112, 118, 121, 158 AbB 6, 138 3 F 103, 104, 112, 113, 115, 117, 118, 122, 158, 165, 201 AbB 6, 142 3 F 103, 104, 112, 113, 117, 118, 123, 158, 164, 173, 201 218

AbB 6, 145 5 F 179, 182 AbB 6, 212 5 P 181 AbB 7, 51 1 F 43, 44, 45, 46, 49, 53, 62, 83, 158, 186, 201 AbB 7, 59 1 F 43, 44, 45, 50, 53, 64, 83, 124, 158, 186, 201 AbB 7, 67 1 F 43, 44, 45, 50, 53, 65, 158, 201 AbB 7, 78 2 F 75, 76, 78, 83, 86, 90, 158, 159, AbB 7, 85 3 F 103, 104, 112, 114, 115,117, 124, 158, 201 AbB 7, 131 5 P 179 AbB 7, 135 3 F 103, 104, 111, 112, 113, 117, 125, 158, 172, 201 AbB 7, 153 5 P 169, 171 AbB 7, 186 2 F 72, 73, 76, 78, 83, 84, 91, 158, 177, 191, AbB 9, 6 3 F 103, 104, 105, 112, 113, 115, 117, 126, 158, 159, 201 AbB 9, 25 4 F 110, 140, 148 AbB 9, 38 2 F 72,73, 75, 78, 80, 83, 84, 91, 92, 103, 158, 159, 191, 201 AbB 9, 50 4 F 136, 137, 145, 149 AbB 9,198 1 F 43, 45, 48, 51, 53, 66, 69, 79, 102, 158, 159, 186, 191, 201 AbB 9, 236 1 F 42, 45, 48, 52, 53, 67, 158, 159, 201 AbB 9, 268 5 P 173 AbB 10, 1 1 F 43, 46, 51, 67, 173, 70, 94, 158, 159, 201 AbB 10, 3 1 F 41, 45, 48, 53, 69, 75, 158, 159, 186, 201 AbB 10, 6 Introduction F 10, 113

219

AbB 10, 13 1 F 16, 43, 44, 45, 46, 49, 53, 54, 70, 158, 186, 201 AbB 10, 149 2 F 74, 78, 80, 83, 85, 93, 158, 159, 201 AbB 10, 151 2 F 75, 78, 79, 80, 81, 83, 94, 158, 159, 201, AbB 10,161 3 F 104, 112, 115, 117, 118, 127, 158, 201 AbB 11, 5 3 F 102, 104, 112, 114, 116, 117, 127, 128, 158, 159, 171, 172, 192, 201 AbB 11, 7 2 F 19, 21, 28, 76, 77, 78, 82, 83, 95, 158, 165, 167, 189 AbB 11, 108 5 P 181 AbB 11, 32 2 F 76, 78, 80, 83, 84, 85, 96, 158, 159, 201 AbB 11, 78 3 F 16, 104, 112, 115, 116, 128, 158, 201 AbB 11, 90 2 F 76, 77, 78, 81, 85, 87, 97, 158, 201 AbB 11, 101 3 F 16, 104, 112, 115, 117, 129, 158, 201 AbB 11, 106 4 F 137, 145, 151, 174 AbB 11, 119 2 F 76, 77, 78, 79, 85, 98, 158, 201 AbB 11, 159 3 F 21, 28, 104, 112, 115, 116, 117, 118, 130, 131, 158, 164, 172, 173, 189, 201 AbB 11, 183 3 F 104, 105, 110, 112, 115, 118, 132, 133, 158, 171, 201 AbB 12, 2 4 F 141, 142, 153, 158, 159 AbB 12, 7 4 F 141, 142, 143, 145, 155, 158, 159 AbB 12, 9 4 F 16, 141, 143, 145, 156, 158, 159, 180 220

AbB 12, 22 2 F 76, 77, 78, 83, 85, 99, 158, AbB 13, 66 5 P 171 AbB 13, 125 1 F 43, 44, 45, 47, 50, 53, 71, 158, 188, 201 AbB 13, 143 3 F 103, 104, 112, 117, 133, 158, 192, 191 AbB 14, 75 5 P 170, 171 AbB 14, 184 3 F 103, 104, 112, 115, 116, 117, 134, 158, 201 AbB 14, 190 2 F 77, 78, 81, 82, 83, 100, 158, 201 YOS 8 19:10 5 P 178 YOS 8 39:12 5 P 177 ABIM 22 5 P 178 TCL 1:164 5 P 144, 181, 182

221

תקציר

המטרה העיקרית של מחקר זה היא לבחון בעיה חברתית ומשפטית של קבלת סיוע )משפטי( לאדם מן השורה בתקופה הבבלית העתיקה )0222-5151 לפסה"נ בקירוב(. למי היה אדם עשוק יכול לפנות לעזרה? למרות שבתקופה הבבלית העתיקה הייתה מערכת משפט מתוחכמת שכללה חוקים, רפורמות משפטיות וחברתיות, וכן בתי משפט ובוררות, לא היו משפטנים שלמדו את החוק ושהיה אפשר לפנות אליהם במקרה הצורך לעזרה משפטית. כתוצאה מכך, אם אדם עשוק לא היה מסוגל להתמודד עם האדם שעשה לו עוול או עם בתי המשפט באופן ישיר, עולה השאלה, האם היו אנשים אחרים שאליהם היה יכול לפנות?

החוק הבבלי ומערכת המשפט הבבלית מהווים נושא למחקר ועיון מאז תחילת המאה ה- 02, והם עדיין מניבים מחקרים חשובים רבים. המחקרים המפורטים להלן הם רק חלק מהמחקרים שהניחו את היסודות להבנת מערכת המשפט בתקופה הבבלית העתיקה בכלל

ולתפקוד בית המשפט בפרט: M. Schorr, Urkunden des Altbabylonischen Zivil-und

Prozeßtechts, 1913; A. Walther, Das Altbabylonishe Gerichstwesen, 1917; J.G.

Lautner, Die richterliche Entscheidung und die Streitbeebdigung zum

Altbabylonischen Prozessrechte, 1922, G. R. Driver and J. C. Miles, The Babylonian

Laws, 1952; Eva Dombradi, Die Darestellung des Rechtsaustrags in den

.Altbabylonischen Prozessurkunden, 1996

מרבית המחקרים העוסקים בחוק ובמערכת המשפט מבוססים על מידע הנשאב מתוך מקורות בעלי אופי משפטי, כגון קובצי חוקים, צווים מלכותיים, פסקי דין, ומסמכים פרטיים למיניהם )מסמכי ירושה, חוזי קניין ומכירה וכדומה(. משום כך כמעט שלא נכתב דבר על השלבים המוקדמים של הסכסוך, כאשר אדם הבין שנעשה לו עוול, היות שרוב פסקי הדין, המהווים את

המקור העיקרי למחקרים, מתחילים על פי רוב או בבדיקת התביעה על ידי השופט או "בפתיחת

המשפט" )=dīnam šuhuzu(1. לכן שאלות רבות וחשובות לא נשאלו ולא הועלו לדיון. לדוגמה:

האם כל אדם שנגרם לו עוול ידע מה הן זכויותיו? מה יקרה אם לא הצליח לפתור את המחלוקת בכוחות עצמו? האם יש אנשים המתמחים בסיוע לאדם העשוק? מקור אחד בלבד עוסק בשאלה זו. בפסקה מתוך האסטלה של חמורבי נאמר:

1הנהגת תביעה, כלומר ,תחילת המשפט. לדיון במושג זה ראה סעיף 2.0. בהקדמה באנגלית, וגם ראה ,CAD D 154 . s.v., dīnu (with šuhuzu): "to bring (suit)" iv

"האדם העשוק כי יהיה לו דבר-ריב, יבוא נא )ויעמוד( לפני צלמי, )הקרוי( 'מלך

המישרים', יצו לקרוא )לפניו( את מצבתי הכתובה: את דברי היקרים ישמע-נא: לו תורה

לו מצבתי את משפט)ו( יתבונן ) וימצא( את דינו, )ו(ינוח עליו ליבו )וכה יכריז( לאמור"2.

החוקרים אינם תמימי דעים בנוגע ליישומם של חוקי חמורבי הלכה למעשה ושימושם כמקור פעיל לפעילות משפטית, ונושאים אלה נדונו רבות במחקר. יתר על כן, האם זה מה שקרה

בפועל? האם "האדם העשוק" )=awīlum hablum(3 היה יכול להבין תמיד את מה שהקריאו לו?

מה היה קורה אם לא היה יכול לבוא פיזית, משום שהוא התגורר בכפרים מחוץ לעיר ולא היו לו

האמצעים להגיע למקום האסטלה? מה היה קורה אם העוול שנגרם לו כלל לא היה מוזכר על האסטלה? ומה אם הוא נולד לפני שהוקמה האסטלה? אנו חוזרים לשאלה העיקרית, העומדת במרכז הדיון הנוכחי: מי היו האנשים שיכלו

לעזור לאדם העשוק להתמודד עם העוול שנעשה לו או התביעה המשפטית שלו? המחקר הנוכחי

בוחן שאלה זו באמצעות עיון מדוקדק וממצה במכתבים מהתקופה הבבלית העתיקה )OB(,

שהתפרסמו ב51- כרכים של ה- AbB ( Altbabylonische Briefe(. המחקר מתמקד במכתבים

הכתובים לפי סכימה מסוימת, ושנכתבו על ידי אדם אחד )המתווך( בנוגע לאדם אחר עשוק והפותחים בנוסחה:

"a-na PN1 qí-bí-ma um-ma PN2,( followed by blessings), aš-šum PN3"

לפלוני5 אמור, כך )אומר( פלוני0 )ברכות לנמען( בנוגע לפלוני3

כדי להמחיש את הסכימה ואת תפקידה של כל דמות ודמות, כל דמות תקבל "תג" על פי תפקידה במכתב. התג מתאר את הפעולה של הדמות בתוך המכתב, תוך התעלמות משמות

ספציפיים, מקומות ספציפיים או פרטי התלונה. כך אפשר להדגיש את הדמיון והשוני שבין הדמויות במכתבים.

פלוני5, הוא הנמען של המכתב, ונקרא: Recipient )הנמען(.

ישנם שלושה סוגים של נמענים, והם מתויגים כך:

2 ראה מ' מלול, קובצי הדינים ואוספים משפטיים אחרים מן במזרח הקדום, עמ' 522, וראה גם הערה 382ו 385 אצל מלול, שם שם. בגוף העבודה באנגלית אני מצטטת את התרגום של מרתה רות למקור זה, ולכן שני התרגומים אינם זהים. 3לדיון במושג זה ראה הערה 15 בגוף העבודה באנגלית. v

המכתבים בפרק 1 ממוענים ל (Recipient-Wrongdoer (Rw )הנמען גורם העוול(.

הנמען הזה גרם עוול לפלוני3, הוא אחראי ישירות לעוול שלו.

המכתבים בפרק 2 ממוענים ל (Recipient-helper (Rh )הנמען העוזר(. לנמען זה יש

עמדת מפתח בחברה וכוח לעזור ולפתור את הבעיה של פלוני3 .

המכתבים בפרק 3 ממוענים ל (Recipient-judge (Rj )הנמען-הוא האדם המתפקד

כשופט(.

פלוני0 הוא כותב המכתב והוא נקרא המתווך )Agent(.

פלוני3 הוא האדם שנעשה לו עוול והוא נקרא העשוק )The Victim(.

כדי לקבוע את המאפיינים העיקריים של המתווך נוסחו חמש שאלות, שעל פיהן תיבחן דמותו של המתווך בכל אחד משלושת הפרקים הראשונים:

5. מי היה המתווך, הנמען והאדם העשוק במכתב? 0. מה טיב היחסים בין המתווך לבין האדם העשוק על סמך המידע המסופק במכתב? 3. איזה מידע סיפק המתווך לנמען כדי לעזור לעשוק? 1. באיזו צורה פנה המתווך לנמען? האם הוא רק מספק עובדות או אולי הוא מבקר, או אולי להפך

-מתחנף לו? 1. מה ביקש המתווך מהנמען? על פי השאלות הללו חולקו המתווכים לשתי קבוצות עיקריות - המתווך האישי

)Personal Agent( והמתווך הבלתי אישי )Impersonal Agent(.

המתווך האישי הוא אדם שהכיר את העשוק באופן אישי, והוא מתאר את היחסים ביניהם במכתב. העשוק והמתווך יכולים להיות קרובי משפחה, מכרים או שותפים בעסקים. המתווך גם יכול להיות קשור לעבודה של העשוק: המעביד שלו, המפקח או האדון שלו.

המתווך הבלתי אישי אינו מזכיר אם יש לו יחס כלשהו לעשוק. בהמשך יתואר מי היה יכול לתפקד כמתווך בלתי אישי.

פרק 5

המכתבים בפרק זה ממוענים לאדם האחראי ישירות לעוול שנגרם לעשוק )Rw = הנמען

הגורם את עוול((. המתווך האישי והבלתי אישי מספקים מידע ענייני רב, כולל מידע על העשוק או

על רכושו, כדי לשכנע את הנמען Rw להיענות לדרישותיהם. בנוסף המתווך יכול לבקר, להזהיר vi

ואפילו לאיים על הנמען )Rw(, או להפך: בכמה מכתבים המתווך מבקש מהנמען טיפול מיוחד או

טובה אישית. בקשות המתווכים משתנות ממכתב למכתב: להחזיר רכוש שנלקח מהעשוק,

לשחרר את העשוק )או עבד השייך לו( המוחזק שלא בצדק על ידי הנמען )Rw(, או לשלם כסף

המגיע לעשוק. שישה מתוך 51 המכתבים נכתבו על ידי מתווכים אישיים, רובם מסביבת העבודה של העשוק )המעסיק, הבעלים או מפקח(. בפרק הזה המכתבים שנכתבו על ידי המתווך הבלתי אישי דומים בסגנונן ובטיעוני השכנוע המוצגים בהם למכתבים של המתווך האישי, ולכן סביר כי לחלק מן המתווכים הבלתי

אישיים היה קשר אישי לעשוק, אף שהוא לא הוזכר במכתבים.

פרק 0

כל המכתבים בפרק 0 ממוענים לאדם בעל סמכות )Rh( שיש בכוחו לעזור לעשוק באופן

ישיר על ידי מתן פתרון לבעיה שלו )לחקור את המקרה, לעמוד לצדו של העשוק, להשפיע על האדם שגרם את העוול(. הוא יכול להיות שופט, פקיד, מלך או כל אדם אחר בעל מעמד וסמכות חברתית.

רוב המכתבים כתובים לפי הסכימה הזאת: המתווך כותב לנמען בנוגע לעשוק. עם זאת בחלק מן המכתבים הסכימה עוברת שינוי קל - מתווך נוסף מופיע בין העשוק ובין הנמען. במקום

שלושה משתתפים -עשוק, מתווך ונמען -הסכימה משתנה וכוללת ארבעה אנשים - עשוק,מתווך5,

מתווך0, נמען. מכאן אנו למדים שכאשר למתווך שניסה לעזור לעשוק לא הייתה נגישות )מסיבות

שונות( לנמען שיכול לעזור )Rh(, הוא היה פונה אל מתווך אחר, בשם העשוק, ומבקש ממנו לעזור

לעשוק על ידי פנייה לאדם בעל הסמכות )Rh(.

המידע המסופק על ידי המתווך בפרק 0 מועט בהשוואה לפרק 5. פחות מידע נמסר על העשוק או רכושו, אך המתווך מספק יותר מידע על העוול שנגרם לעשוק. לעומת פרק 5, בפרק 0 אין כמעט ביטויי ביקורת, איומים או אזהרות לנמען. דבר זה מובן לאור העובדה שהמתווך רוצה לשכנע את הנמען לעזור לעשוק. הוא רוצה להגביר את המודעות של הנמען לסבל של העשוק ולעורר אהדה ונכונות לעזור.

vii

שישה מתוך עשרת המכתבים שנדונו בפרק 0 נכתבו על ידי המתווך האישי ושבעה על ידי

מתווך בלתי אישי. בדיוק כמו בפרק 5, המכתבים של המתווך האישי והבלתי אישי דומים בסגנון ובשימוש של הטיעונים.

פרק 3

המכתבים בפרק 3 מופנים אל אדם שמתפקד כשופט )Rj(, היות והמתווך מבקש מהנמען

פתרון משפטי )משפט / פסק דין( עבור העשוק. המכתבים בפרק זה שונים בסגנונם מהמכתבים שבשני הפרקים הראשונים. הם מספקים מעט מידע או ראיות אחרות )אם בכלל( על העשוק או על רכושו. בחלק מן המכתבים הבעיה של

העשוק אפילו אינה מוזכרת. הסגנון של המכתבים תמציתי: המתווך פונה לנמען (Rj(, מברך

אותו, מתאר את העוול שנגרם לעשוק )אם בכלל( ומבקש ממנו להעניק לעשוק משפט / פסק הדין.

הנימוק המרכזי של המתווך שבו הוא מנסה לשכנע את הנמען )Rj) להיענות לבקשתו הוא

הסתמכות על החוק שלפיו העשוק זכאי לקבל משפט / פסק דין; "גזור/פסוק פסק-דין לפי החוק"

.(dīnam kīma şimdati šuhuzu/ qabû=)

ערכתי השוואה בין שתי קבוצות של מכתבים שנשלחו לשופט )Rj(: מכתבים שנכתבו על

ידי מתווך ומכתבים שנכתבו על ידי העשוק עצמו. ההבדל המשמעותי הראשון בין שתי קבוצות המכתבים הוא כמות המכתבים בכל

קטגוריה. ב AbB יש 51 מכתבים שנכתבו על ידי המתווך לשופט, בעוד שיש רק ארבעה מכתבים

שנשלחו ישירות על ידי העשוק. ההבדל אפילו בולט יותר אם נשווה את מספר המכתבים שנכתבו

ישירות על ידי העשוק לנמענים האחרים ) Rw ו Rh(. בקורפוס של ה AbB, יש הרבה יותר

מכתבים שנכתבו ישירות על ידי העשוק )ולא על ידי מתווך( לאדם שגרם לו עוול )Rw( ולאדם בעל

סמכות שיכול לעזור לו )Rh(.

ההבדל השני הוא ניגוד בולט בסגנונם של המכתבים. המכתבים שנכתבו על ידי המתווך קצרים, מכילים פרטים מעטים אם בכלל, ונעשה בהם שימוש בביטויים משפטיים, החוזרים על עצמם ברוב המכתבים. הבקשה של המתווך למשפט / פסק דין מבוססת על הפנייה לחוק ;"לפי

החוק" )=kima şimdati(. לעומת זאת, המכתבים שנכתבו ישירות על ידי העשוק ארוכים יותר

viii

ועשירים בפרטים המתארים את העוול שנגרם להם. המונח kima şimdati – "לפי החוק",

שמופיע ברוב המכתבים בפרק 3, היה ככל הנראה שגור בפי החברה ומופיע גם במקורות רבים אחרים, לא רק בפסקי דין או מכתבים. למרות זאת לא נעשה בו אפילו פעם אחת שימוש במכתבים שנכתבו ישרות על ידי העשוק לשופט. בכללי המכתבים שנכתבו על ידי העשוק הם בעלי סגנון אישי הכוללים הבעה של רגשות ובקשות, ואילו המכתבים שנכתבו על ידי המתווך הם בעלי אופן פורמלי ובלתי אישי. הבדלים אלו בסגנון במכתבים, ובייחוד השימוש בניסוח קצר ומשפטי על ידי המתווך עשויים לרמז כי כאשר הם היו פונים לשופט בכתב, סגנון תמציתי היה עדיף. רוב המתווכים בפרק

3 הכירו את הניסוח הקצר והמשפטי, ועל פיו ניסחו את בקשותיהם.

פרק 1 המכתבים בפרק 1 לא נכתבו על פי אותה סכימה כמו המכתבים בפרקים 3-5. עם זאת הם מספקים מידע נוסף על המתווך, על היחס ה"מקצועי" שלו לעשוק ועל השפעתו על הנמען.

מאחד המכתבים עולה כי המתווך הכיר את מערכת המשפט של סיפר )Sippar) וגם את החוקים

הנהוגים במקומות אחרים.

המתווך מעדכן את העשוק על הפעולות שהוא ביצע: כתיבת מכתבים ואשרור מכתבים שנכתבו על ידי אחרים. הוא גם מיידע את העשוק על תוצאות ההשתדלות שלו ומבקש מהעשוק להכין את עצמו למה שעומד לבוא. בשני מקרים במכתבים בפרק 1 ההליך המשפטי מתעכב כי המתווך ייצג את העשוק. במכתב אחד נכתב כי השדה, שעניינו נמצא בוויכוח משפטי ,לא יחולק עד שהמתווך והעשוק יגיעו לשופטים. במכתב שני השופט מעכב את פתיחת המשפט, דבר המעיד כי למתווך הייתה השפעה גדולה על הנמען.

בעקבות הפניה של המתווך לשופט, השופט כותב מכתבים לעשוק ומבקש ממנו לבוא, וגם מעכב את בקשתו של אחיו של העשוק לתביעה. השופט מעדיף בבירור את העשוק משום שהוא מיוצג על ידי המתווך. באחד המכתבים העשוק כותב למתווך ומבקש ממנו לפנות לשופטים ה"מכירים" שלו. ייתכן שהעשוק בחר במתווך כי הוא יודע שיש לו קשרים עם שופטים ששמעו על המקרה שלו. העשוק האמין כי למתווך היה סיכוי טוב להשפיע על השופטים בשל היכרותו איתם.

עוד אנו רואים כי אדם יכול למצוא את עצמו פעם אחת במצב של אדם עשוק ולפנות

לממונה עליו לעזרה, ואז להיות במצב של מתווך, ולעזור לאדם העובד תחת מרותו.

פרק 1 בפרק 1 דיון על הסוגים השונים של המתווכים ועל התפוצה האפשרית שלהם בפרקים השונים. המידע שנאסף בפרקים 1-5 וחומר נוסף מהווים את הבסיס לדיון. ברוב המכתבים

שנכתבו על ידי המתווך האישי, העשוק מכיר אותו מעבודתו. המתווך הוא האדון שלו, המעסיק שלו או סוג של משגיח. נשאלת השאלה מדוע ביותר ממחצית המקרים שהעשוק בוחר לפנות לעזרה למתווך אישי, הוא בוחר במתווך מתוך סביבת עבודתו, כגון אדון, מעסיק או משגיח? מדוע העשוק לא בוחר פעמים רבות יותר בבן משפחה או מכר אחר? סביר להניח כי השיקול העיקרי של העשוק הוא לבחור במתווך שיש לו יכולת להשפיע על אחרים, ועל ידי כך להשיג לו צדק. יש להניח שהאדון, המעסיק והמשגיח היו במעמד חברתי

גבוה יותר מזה של העשוק, ולכן הייתה להם יכולת השפעה גדולה יותר משהייתה למשפחה או לחברים, שככל הנראה היו במעמד חברתי זהה לעשוק. העשוק העדיף משום כך לפנות אל הממונים עליו מתוך הבנה שיש להם מעמד וכוח להתערב למענו אצל הגורמים השונים. דבר זה מרמז לכך שהייתה תחושה של ערבות הדדית בין אדם לממונה עליו )אדון, מעסיק, משגיח(. הממונים חשו צורך להתערב למען העשוק, והעשוק מצדו ידע שהוא יכול לפנות לממונים עליו גם בבעיה אישית, שאינה קשורה ישירות לעבודה. כדי להציג את הסוגים האפשריים השונים של אנשים שתפקדו כמתווכים בלתי אישיים

נותחו המכתבים על פי המאפיינים האלה: הסגנון )סגנון תמציתי ובלתי אישי לעומת סגנון מפורט ואישי יותר(, השימוש במונחים משפטיים, סוגי הנימוקים והבקשות של המתווכים. על סמך המאפיינים ניתן לזהות שישה סוגים אפשריים של אנשים שתפקדו כמתווכים בלתי אישיים: 5. המתווך הבלתי- אישי היה בעצם שייך לקטגוריה של המתווך האישי, אבל לא ציין את הקשר שלו לעשוק במכתב. 0. המתווך הבלתי- אישי היה אדם בעל סמכות ומעמד גבוה )לדוגמה המלך( שהעביר את המקרה לבעל סמכות ממעמד נמוך יותר, וכך פעל כמתווך. x

3. המתווך הבלתי- אישי היה אדם בעל סמכות שהתבקש על ידי העשוק לשפוט אותו,

אבל לא היה מסוגל להתמודד עם המקרה ולכן שלח את העשוק לאדם אחר, היכול להתמודד עם הבעיה )לדוגמה שופט שמעביר את המקרה של העשוק כי הוא קשה מדי עבורו(. 1. המתווך הבלתי- אישי היה אדם שתפקד לסירוגין כשופט ולכן היה בעל ידע משפטי והיכרות עם מערכת המשפט ועם ניסוחים משפטים. 1. המתווך הבלתי- אישי היה סופר שהכיר את הניסוחים המשפטים ולפעמים גם היה חלק ממערכת המשפט.

6. המתווך הבלתי- אישי היה אדם במעמד חברתי גבוה )לדוגמה: 4kabtum, 5rabûm ,

6abi-şābim(, שהיה לו כוח להרתיע ולהשפיע.

התפלגות המתווכים הבלתי-אישיים

כשעשוק רצה למצוא מתווך שיעזור לו, הוא היה צריך לקחת בחשבון מספר דברים. הוא היה צריך להחליט אם המטרה העיקרית שלו היא לפנות ולהתעמת עם מי שגרם לו עוול, או שהוא מעוניין לבקש עזרה מאדם בעל סמכות, או אולי לבחור ללכת למשפט ולקבל פסק דין. העשוק גם היה צריך להביא בחשבון את מי הוא מכיר ואל מי הוא יכול לפנות לעזרה ולבקש ממנו להתערב

למענו. הוא היה חייב להחליט אם לפנות למשפחתו, לאדם הממונה עליו )מעביד / אדון(, והאם לאנשים הללו הייתה עמדת כוח חזקה מספיק כדי לקדם את המקרה שלו.

במכתבים המוצגים בפרק 1 המטרה העיקרית של המתווך היתה להשפיע על הנמען )Rw(

לתקן את הנזק שהוא גרם לעשוק. לכן כדאי היה לעשוק למצוא מתווך ממעמד חברתי גבוה, עד כמה שהיה יכול. ככל שהמעמד של המתווך היה גבוה יותר, כך גדלו סיכוייו להשפיע על הנמען

)Rw(, שאף הוא היה ברוב המקרים במעמד חברתי גבוה. לכן, מאחר שסגנון המכתבים של

המתווך הבלתי אישי דומה לסגנון המכתבים של המתווך האישי, סביר להניח שהמתווכים הבלתי

אישיים בפרק 5 היו אנשים ממעמד חברתי גבוה, כגון המעביד או האדון של העשוק, בדומה למתווכים האישיים של אותו פרק, או אנשים בעלי מעמד חברתי גבוה, שאולי לא היו קרובים

לעשוק, כגוןabi-şābim , kabtum, rabûm.

4 אדם חשוב, אדם עם יכולת השפעה, וראה: "CAD K 27, s.v., kabtu: "important, influential person. 5 אדם חשוב, וראה:"CAD R 36, s.v., rabû: "important noble person . 6 שר/פקיד אחראי על כוח אדם: "CAD A 51, s.v., abi şābi: "an official in charge of personnel.

במכתבים המוצגים בפרק 0 המתווך רוצה לשכנע את הנמען )Rh( לעזור לעשוק באמצעות

חקירה של המקרה, פנייה לאדם שגרם את העוול או באמצעות עשיית צדק לעשוק. לכן גם במקרים האלה היה טוב אם לעשוק היו קשרים עם אנשים בעלי כוח חברתי ויכולת שכנוע. ייתכן שהנמען היה מוכן לעזור לעשוק יותר כשהוא מודע לקשריו. שבעה מתוך 53 מכתבים בפרק הזה נכתבו על ידי מהתווך הבלתי אישי. נראה שגם כאן, כמו בפרק הקודם, המתווכים הבלתי אישיים היו שייכים לממונים על העשוק או בעלי מעמד חברתי חזק. בהשוואה לפרקים 5 ו3-, בפרק הזה ישנו שימוש גדול יותר בשני מתווכים בין העשוק

לנמען. הדבר מרמז עד כמה היה חשוב שיפנה לנמען )Rh( מתווך בעל השפעה. אם העשוק לא

הכיר מתווך ממעמד חברתי גבוה מספיק, הוא בחר ככל הנראה במתווך שפנה למתווך נוסף ממעמד חברתי חזק מספיק היכול לקדם את ענייני העשוק.

במכתבים המוצגים בפרק 3 המתווך הבלתי אישי פונה לנמען )Rj( בשימוש במונחים

משפטיים וסגנון כתיבה תמציתי. אנשים שתפקדו כשופטים, וסופרים היו במעמד הטוב ביותר לכתוב מכתבים כאילה. לכן אם המטרה של העשוק הייתה לפנות לבית המשפט ולהשפיע על השופט לקדם את עניינו, טוב היה עם היה פונה למתווך שהכיר את מערכת המשפט, את השימוש

במינוחים משפטיים, ומטוב גם את השופטים עצמם.

סיכום מניתוח המכתבים במחקר זה נראה שכשהעשוק פנה למתווך אישי, ברוב המקרים היה זה אדוניו, המעביד שלו או מפקח. הדבר מצביע על קיומה של מוסכמה חברתית שלפיה למעביד / אדון / מפקח יש תחושת אחריות כלפי העובדים שלהם, לא רק בענייני עבודה, אלא גם ברמה

האישית. תחושת אחריות זו מרחיקה לכת עוד יותר, ובמקרים מסוימים, כאשר לממונה הישיר

על העשוק אין די כוח ויכולת להשפיע, הוא יפנה לסמכות גבוהה יותר ויבקש ממנה להתערב למען העשוק. ייתכן שאותה תחושה של אחריות הייתה קיימת גם בין החזק לחלש בחברה, גם אם לא הייתה ביניהם קרבה אישית. לכן המתווך הבלתי אישי, שבמקרים רבים אולי הכיר בקושי את העשוק, חש חובה להשתמש במעמד החברתי שלו ולהתערב למען העשוק ולקדם את עניינו.

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המנגנון הממשלתי במסופוטמיה, ובייחוד המלך, העמידו חוקים, בתי משפט ושופטים

שאליהם העשוק יכול היה לפנות כדי להביע טענותיו ולדרוש צדק. העשוק יכול היה לפנות לבית המשפט, ובמקרים מיוחדים, אם תוצאות פסק הדין לא היו לשביעות רצונו, הוא היה יכול לבקש להישפט שוב בפני סמכות גבוהה יותר, בית משפט אחר או אפילו לפני המלך. אפשרות נוספת הייתה לפנות לבוררות, כששני הצדדים הסכימו מראש לקבל את פסק הדין של הבורר. עם זאת, מערכת המשפט לא יכלה תמיד להתמודד עם כל תלונה ולספק לחלש צדק. לפעמים נגרמו לחלשים עוולות על ידי פקידי המלכות )למשל מיסוי לא הוגן או הקצאות קרקע לא נכונות( - ואלה מקרים שבהם דנו פחות בבית המשפט. מפעם לפעם אנשים ממעמד נמוך )למשל

עבדים ,ומשרתים( לא היו מסוגלים להתמודד עם ענייניהם וליישב את הסכסוך עם מי שגרם להם עוול. אחרים לא היו מסוגלים לפתור את הסכסוכים שלהם עם עמיתיהם )למשל, שותפים עסקיים או יורשים( או להתמודד עם אנשים ממעמד חברתי גבוה מהם )מפקחים, פקידים, שופטים(. במקרים כאלה האנשים שנגרם להם עוול היו תלויים בעזרת אנשים אחרים, שהיו בדרך כלל במעמד חברתי גבוה וחזק יותר משלהם. פנייה לעזרה למתווך שיקדם את עניינם הייתה לאנשים מסוימים הדרך היחידה להשיג צדק. הפנייה לאדם במעמד גבוה יותר שיתווך בין העשוק לסמכות גבוהה משתקפת גם בחיי

הדת של התקופה הבבלית העתיקה. אדם בחר לעצמו אל אישי, שאליו התפלל וביקש ממנו להתערב עבורו אצל האלים היותר גבוהים. "מערכת חברתית" מסוג זה, שבה החלש ניגש לאדם בעל השפעה ומבקש ממנו עזרה בהתמודדות עם אי צדק או בעיה שנגרמו לו, השלימה את מערכת המשפט שסיפקה ה"מדינה". זו הייתה מערכת הבנויה בעיקר על קשרים והיכרות בין אנשים. מחקר זה הראה כי על אף שלא היו "עורכי דין" מקצועיים בתקופה הבבלית העתיקה, אנשים מסוימים בחברה שימשו כמתווכים ועוזרים לאלו שנגרם להם עוול ולא יכלו להתמודד

איתו לבדם. במסגרת זו, המתווכים סיפקו שירות דומה לזה המסופק בימינו על ידי עורכי דין. בתקופה הבבלית העתיקה, המנגנונים המשפטיים של בתי המשפט ובוררות, ודברי המלך על האסטלה "למען לא יעשוק התקיף את החלש7", הושלמו באמצעות מערכת של אנשים-מתווכים שהשתמשו במעמדם החברתי ובכוחם כדי להשפיע ולעזור לחלש להשיג צדק.

7 ראה מ. מלול, קובצי הדינים ואוספים משפטיים אחרים מן במזרח הקדום, עמ' 522.

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מילות מפתח

התקופה הבבלית העתיקה: מכתבים. חוקים: האדם העשוק, עזרה משפטית. מערכת המשפט: שופטים, בוררים, סופרים.

טרמינולוגיה משפטית: לערוך משפט, או לתת פסק דין לפי החוק ) dīnam kīma şimdati

.)(šuhuzu or qabû)

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למי יפנה אדם עשוק לעזרה?

המתווך במכתבים מהתקופה הבבלית העתיקה.

מחקר לשם מילוי חלקי של הדרישות לקבלת תואר "דוקטור לפילוסופיה"

מאת

גרץ שירלי

הוגש לסינאט אוניברסיטת בן גוריון בנגב

אישור המנחה ______

אישור דיקן בית הספר ללימודי מחקר מתקדמים ע"ש קרייטמן

______

אדר תשע"ב מרץ 2102

באר שבע

העבודה נעשתה בהדרכת פרופ' ויקטור אביגדור הורוויץ

במחלקה למקרא, ארכיאולוגיה והמזרח הקדום

בפקולטה למדעי הרוח והחברה.

הצהרת תלמיד המחקר עם הגשת עבודת הדוקטור לשיפוט

אני החתום מטה מצהיר/ה בזאת: )אנא סמן(:

___ חיברתי את חיבורי בעצמי, להוציא עזרת ההדרכה שקיבלתי מאת מנחה/ים.

___ החומר המדעי הנכלל בעבודה זו הינו פרי מחקרי מתקופת היותי תלמיד/ת מחקר.

___ בעבודה נכלל חומר מחקרי שהוא פרי שיתוף עם אחרים, למעט עזרה טכנית הנהוגה בעבודה ניסיונית. לפי כך מצורפת בזאת הצהרה על תרומתי ותרומת שותפי למחקר, שאושרה על ידם ומוגשת בהסכמתם.

תאריך ______שם התלמידה שירלי גרץ

חתימה ______