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Emar / Nuzi / Medio-Babyl., Workshop-1 (Nanterre 11-2012)

Real Estate Dowries and Counter-Dowries in the Kingdom of Arrapḫe

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Real Estate Dowries and Counter-Dowries
in the Kingdom of Arrapḫe

 J.J. Justel / B. Lion

 

Only a few texts from the Kingdom of Arrapḫe refer to dowries, for which the technical legal term seems to have been mulūgu (or mulūgūtu). According to some of these references, the bride could receive real property from her father or legal guardian. In return, she gave a gift (Sumerian NÍG.BA/Akkadian qīštu), labeled by modern historiography as “counter dowry,” consisting of textiles, livestock, and sometimes silver.

The present paper is an attempt to reconsider these legal phenomena. We will examine the status, function and nature of the real estate granted to the bride, as well as the nature of the goods a girl was able to provide her father or guardian before her wedding.

0. Introduction

Written sources from the Kingdom of Arraphe – also known commonly as “Nuzi texts” – date back to the Late Bronze Age, more precisely to the 14th century BC. Nuzi was a town of the Kingdom of Arrapḫe, a political entity submitted to the Mittani Empire. Some 5,000 tablets were found in Nuzi and almost 200 in the near town of Āl-ilāni/Arrapḫe (modern Kirkūk), homonym capital of the Kingdom. Some of these texts contain transfers of property on the occasion of marriages. This phenomenon presents the following main mechanisms:

  • Usually, the groom or his father gives a “bridewealth” to the bride’s father which is called terḫatu, just as in the Old Babylonian period.
  • The father of the bride, or her legal guardian (for example her brother), gives her a dowry, called in Nuzi mulūgu or mulūgūtu. Few texts mention dowries, and it has been suggested for a long time that most dowries consisted of movable property – such as clothes, livestock, domestic items – and were thus not recorded on tablets. On the contrary, when a tablet was written down, the dowries were supposed to be more substantial and actually some of them were  real property.
  • In some cases, when the bride receives real property within her dowry, she gives in return to her father (or her guardian) several goods which are known as NÍG.BA (Akkadian qīštu), “gift, present.” Historians have labeled this unfrequent phenomenon “counter-dowry.”

Texts mentioning real estate-dowries and counter-dowries are the subject of this paper.[1] We will examine, on one hand, the status and the function of real property granted to the bride and, on the other hand, the nature of the goods a woman was able to provide her father (or guardian) before her wedding.

1. The real estate given as dowry

1.1. Corpus

In her important study “Dowry and Brideprice in Nuzi,” G. Dosch provides a list of texts mentioning real estate given away as dowry, which is now to be completed (see table below).[2] Some other dowries, consisting of movable property (HSS 5 80 and HSS 13 93 = HSS 14 2[3]), are not taken into account.

Text

Dowry

Given by

Given to

Dowry items

ilku

Legal status of the dowry in next generations
HSS 5 76 ana mulūgi father daughter field ø HSS 5 11: given to the granddaughter, then to her children
HSS 19 71 ø father+ brother daughter / sister house brother ø
HSS 19 76 ø father daughter field ø ø
HSS 19 79 ana mulūgū[ti] father son-in-law house father given to children
HSS 19 108 + EN 9/1 139 kīma mulūgišu brother sister housesilver ø ø
Gadd 31 ana mulūgūti adoptive brother adopted sister unbuilt plot in Arrapḫe adoptive brother ø
SCCNH 7 6 [ana mul]ūgūti adoptive brother adopted sister house(s) adoptive brother ø

In five of these texts the word mulūgu ou mulūgūtu is used; in the other two real estate deliveries it is transferred to a girl, receiving no precise designation. In HSS 19 71 a brother gives her sister fArim-turi a house which has been previously appointed for her by their father. In HSS 19 76 a man transfers his daughter fAššuanašši “in status of wife” (ana aššūti) to another woman, who would be in charge of organizing the marriage between her brother and that girl, “with her tablet and with the field mentioned in the tablet”[4] – the field probably representing her dowry.

1.2. Giver and recipient

The dowry was usually given away by the father of the bride (HSS 5 76, HSS 19 76 and HSS 19 79) or alternatively by her brother (HSS 19 71 and HSS 19 108 + EN 9/1 139), probably because the father was dead. In Gadd 31 and SCCNH 7 6 the woman seems to have neither father nor brother, and is adopted as sister (ana ahātūti) by a man who provides for her a dowry;[5] the woman apparently acts on her own behalf and might even have already been married – she might be a widow or a divorced woman. The woman is the recipient of the dowry of every case except HSS 19 79: the tablet states that the father “has given these houses as a dowry to his daughter fAštaya to Akap-šenni,” this latter being his son-in-law.

1.3. Interpretations

According to J. Fincke, the two tablets of sistership adoption Gadd 31 and SCCNH 7 6 should rather be considered as sale-adoptions, “by which a legal title to real estate is transfered to the adopted woman in return for movable property.”[6] She refers to Speiser,[7] who was the first suggesting this idea concerning HSS 5 76, pointing that “the transaction resembles, then, a sale-adoption, except that instead calling the purchased land zittu, it is termed in this case mulūgu (…), the mulūgu being just as much a ficitious dowry as the zittu was an unreal inhertance protion.”[8] Gordon also favored this idea in his discussion on both tablets Gadd 31 and HSS 5 76.[9] So this hypothesis could be extended to every case in which a woman, receiving real estate as mulūgu (or mulūgūtu) from her father, brother or adoptive brother, gives in exchange a NÍG.BA (Akkadian qīštu) – this word beeing also used in the so-called sale adoptions; this is the case in HSS 5 76, HSS 19 71, Gadd 31 and SCCNH 7 6 (see below § 3). In fact in these four tablets, except from the presence of the term mulūgu/mulūgūtu, there is no reference to the marriage of the woman, the only purpose of the tablet being the record of the transfers of items.

The main problem arises when at least two texts recording transfers of real estate to women (HSS 19 76 and HSS 19 108 + EN 9/1 139) do not mention a NÍG.BA/qīštu. In HSS 19 76 a field (not designated as mulūgu) is transferred to the girl who is about to be married; in HSS 19 108 + EN 9/1 139 the mulūgu is mentioned in the context of a marriage. Should one distinguish between the “real” mulūgu transferred on the occasion of marriages, and the transfers of lands labeled as mulūgu, just like we have to distinguish between “real” adoptions and sale-adoptions?

Another problem is that one might wonder why a father would transfer movable property to his own daughter (HSS 5 76), or a brother to his sister (HSS 19 71), by a kind of “sale-adoption.” Sale-adoptions are numerous, but are neither concluded between father and son, nor between brothers. And in Gadd 31 and SCCNH 7 6, it is not clear why a man had to adopt a woman as his sister in order to transfer real estate to her: he could as well adopt her as his “child/son,” a mechanism well attested in Nuzi tablets.[10]

For these reasons, whatever the precise nature and function of the transaction might be, we prefer to focus on the content of these real estate transactions – i.e. land or houses received by women – and on the goods given away by these women.

2. The content of dowries: fields and houses

In HSS 5 76 and HSS 19 76 the daughter receives fields. HSS 19 76 provides no indication about the location of the field. However in HSS 5 76 the field is said to be located in the district (Akkadian dimtu) of Ar-Teššub; since it does bear the name of the girl’s paternal grandfather, it would be a family property. The subsequent fate of the field is known through another tablet, HSS 5 11,[11] by which fArim-turi gives her granddaughter fEluanza (her daughter’s daughter) to another woman, fMatkašar, her daughter-in-law; fMatkašar will provide for the marriage of fEluanza. fArim-turi gives also a field of one imēru, which she received from her own father as a dowry (ana mulūgi), to fMatkašar; and fMatkašar will bequeath this plot to fEluanza’s and her future husband’s children, it is explicitly forbidden to transfer it to a stranger. Therefore fArim-turi makes sure that the field stays within the family, since it would ultimately be inherited by her great-grandchildren. We are able to follow the story of this field, which has been mainly transmitted by the female line of the family, over six generations.

In other cases, the dowry is made up of houses (HSS 19, 71 79, HSS 19 108 + EN 9/1 139 and SCCNH 7 6) or even of an unbuilt plot in the town of Arrapḫe (Gadd 31). In HSS 19 108 + EN 9/1 139 the husband, Ar-Teya, gives house(s) as terḫatu to his brother-in-law Wunnukiya (a mechanism  quite unusual), and this latter gives his sister house(s) and silver as mulūgu. One could maybe formulate the hypothesis of an exchange of houses between both families; another possibility is to suppose that one and the same house has been given as terhatu and subsequently attributed to the bride, just as in the case of indirect dowries – f.ex. in HSS 5 80 some movable property, given as terhatu, is also given as mulūgu to the bride. In HSS 19 79 the expected fate of the house given away as dowry is established: it would belong to the children born by the couple.

When houses can be located, it is noteworthy that they are found in the immediate vicinity either of the father’s house (HSS 19 79) or of the brother’s house – which was most probably earlier the father’s (HSS 19 71). The unbuilt plot transferred in Gadd 31 is found next to the house of Šalap-urhe, the adoptive brother, who seems to give part of his estate; another neighbour is Šekaya, who is mentioned earlier in the tablet, in a broken context: he might be either the woman’s father[12] or that of her adoptive brother.

Text

Recipient of the dowry

Estate

Neighbour

Surface
HSS 19 71 fUriaše, sister of Innatu house Innatu 40 m2
HSS 19 79 Akap-šenni, husband of fAštaya,daughter of Paikku house Paikku 53,125 m2
Gadd 31 fḪalaše, [daughter of (?)] Šekaya unbuilt plot Šekaya
Šalap-urḫe (adoptive brother)		 max. 126 m2

These houses are not big and rather remind us of a few rooms than of an entire house, especially when compared to surfaces known from other Nuzi texts and also to the surfaces of the buildings excavated in Nuzi. The daughter would thus seem to receive as a dowry a part of her father’s house.

Textual data: surfaces of the houses[13]

Text

Surface in m2

Remarks
HSS 9 110 6,25 Room in a house, in Nuzi, in the fields
Gadd 5 8,75 Room in a house
JEN 239: 11-15 27 Part of a house
EN 9/1 126 31,50 or 36 House not yet built
Genava 15 32 In the town of Arrapḫe
JEN 737 38,25? In the town of [Nuz]i?
HSS 19 71 40 In a town
EN 9/2 10 40,50 In the citadel (kirḫu) of Nuzi
HSS 13 161 53,125 In the town of Arrapḫe. Part of a house
HSS 19 79 53,125 In a town
AASOR 16 58 56,25 In the citadel (kirḫu) of Nuzi
JEN 239: 5-8 75 House
IM 10856 82,5 In the town of Arrapḫe
HSS 9 115 93,75 In Nuzi
JEN 246 176 In Turša
JEN 588 450 In the town of Nuzi

Comparison with the archaeological data: surface of houses excavated in Nuzi, Level II[14]

House

(= “Group”)

Total surface at the ground level in square meters

Living space at the ground level in square meters
HSS 19 71: 40
HSS 19 79: 53,125 HSS 19 71: 40
20 95,14 49,9
HSS 19 79: 53,125
32 96 69,68
12 101,80 43,98
5 127,84 76,77
8 146,88 71,11
10 155,44 89,22
6 169 86,38
2 190,40 104,16
9 193,68 122,36
3 238 ?
19 300,60 194,01

There is no mention of an ilku duty on the fields. When the ilku is mentioned on the houses (or the unbuilt plot in Gadd 31), it is always the responsibility of the person giving away the dowry, be it her father or her adoptive brother. The exact nature of the ilku duty is still subject of debate,[15] and it raises the problem of the type of ownership held by the woman on this property. Adoptions involving the transfer of land plots would rather refer to transfers of the title of ownership, whereas the possession of the land would stay with the adopter – thus explaining why he would keep paying the ilku duty.[16] If this hypothesis applied also here, women would have a title of ownership on the land or house, whereas the possession of the property would stay with her father or adoptive brother; this would be coherent with J. Fincke’s interpretation of Gadd 31 and SCCNH 7 6 as “sale-adoptions.” But on the other hand, at least in HSS 19 71 and HSS 19 79, if the women only held a title of ownership on the house, what kind of practical benefit would they receive, beside the guarantee that their children would have rights on the house? In HSS 19 79 the house is clearly transferred on the occasion of the marriage, and this raises the question of the residence of the new couple. If the married woman and her husband do not dwell it, we would hardly understand the benefit, for them, to have rights on a few rooms of the father’s house at the precise moment when the bride leaves her family. However if the bride, or the couple, lives in the house, that would mean thas they do not only have a title of ownership, which contradicts the first hypothesis.

3. The counter-dowry

3.1. General remarks

In some of these texts the woman who receives the dowry (in one case her husband) gives some movable property in return to her father or legal guardian. This is not the case in HSS 19 76 nor in HSS 19 108+, which will not be dealt with here.

Text

Counter dowry

Given by

Given to

Livestock

Textiles, shoes

Metals
HSS 19 79 NÍG.BA son-in-law father 1 good male donkey, 4 years old 1 hullanu-garment ofordinary quality 10 mines of tin
HSS 5 76 NÍG.BA daughter father 1 sheep, 1 pig with its 10 piglets 1 pair of shoes,1 textile
HSS 19 71 NÍG.BA sister brother 20 sh. of silver hašahušennu
Gadd 31 NÍG.BA adopted sister adoptive brother [1] new, good šilannu-textile1 new, good hullanu-garment.Value: 15 sh. of silver
SCCNH 7 6 adopted sister adoptive brother 24 sh. of silver

In HSS 19 79 the counter-dowry is said to be paid by the husband, who receives the dowry; thus it does not constitute evidence of the possessions of the bride.[17] But in the remaining four documents the counter-dowry is given by the woman herself. Whatever the precise function of that counter-dowry may be, we would just focus here on its contents, since these texts mention the properties women owned;[18] and at least in HSS 5 76 and HSS 19 71 the girls still dwell the house of their father or brother, before getting married. These counter-dowries are made up of movable properties which can be classified in the different rubrics: livestock, textiles, and metals.

3.2. Livestock

Animals appear only in HSS 5 76; it happens to be a sheep, thus small livestock, as well as a pig or more probably a sow, since it is accompanied by ten piglets. Pig rearing is mainly a domestic activity, often entrusted to women. It would thus not be much of a surprise to find a girl owning a sow and her piglets.[19]

3.3. Textiles and shoes

Textiles of different kind appear in two cases. We are still lacking a study of textiles in Nuzi, but some general remarks are in order. Textile workers seem to be men, be it the craftsmen mentioned in the palace texts[20] or those working for private individuals who gave them wool to manufacture textiles (f.ex. HSS 5 95).

It is nonetheless very likely that domestic textile production mainly corresponded to women. Excavations in Nuzi have unearthed hundreds of spindlewhorls as well as loomweights;[21] it is sometimes difficult to attribute them to a specific archaeological level – f.ex. Stratum II (contemporary with the tablets), or the older Stratum III, or more recent levels. Among these objects, the rare examples that were published came from private houses.[22] In the house called Group 24 (Stratum II) two clay loomstands were recovered in room F 24, and another one in room F 14 which, according to Starr, was “the center of considerable domestic activity.”[23]

Some long inventories found in the Nuzi palace show that this building housed a great quantities of textiles. In some contracts concluded between private individuals we can also identify the circulation of textiles, often in small quantities and associated to other goods (wool, livestock, metals): they can thus be among the goods given to somebody as tidennūtu, a loan pledged by a field (HSS 5 87, HSS 9 98, HSS 9 115…) or a person (EN 9/3 51, HSS 5 82…). They can also be part of an inheritance, mainly for girls (EN 9/3 517). But in all these examples textiles are given by men: should one suppose that they disposed of the textile production of their daughters and wives? If this is the case, did the women get something for their work?

All this remaining at a general level, we can hypothesize that besides an institutional or professional textile production, a domestic sector also produced surpluses which could be exchanged between private individuals. For example for HSS 19 79 we might wonder where the husband got the textile he was giving to his father-in-law: it would have been woven by his wife, whose dowry he is managing.

This production might, in the case of counter-dowries, be considered as belonging to women, even to girls before their marriage. If most of the dowries were made up of movable property, we could think that they included the woman’s clothes, produced by herself while she lived at her father’s house.[24]

As to the shoes (HSS 5 76), we know nothing of their production and they might have been manufactured in a domestic context as well.

3.4. Metals

In HSS 19 71 fUriaše gives ḫašaḫušennu silver to her brother; G. Müller has suggested that the meaning of this term might be “in any kind of form.”[25] It is thus not certain that silver actually circulated: the value intended could be obtained by accumulating a variety of goods. The situation would be the same as in Gadd 31 where fHalaše gives away two textiles, the price of which is expressed in silver.

In SCCNH 7 6, the woman gives 24 shekels of silver (= ca. 192 g), which is the higher amount mentioned within this corpus. If she really gives away metal, we do not know how she was able to get such a sum. Was she able to benefit actually from textiles produced by herself (see above § 3.3)? She does not receive her dowry from her father, but from a man who adopted her as sister; thus she might have already left her father’s house and we do not know if she had already been married before, nor if she had some kind of economic autonomy.

The amounts given as counter-dowries, when expressed in silver, are quite high: 15, 20, and 24 shekels of silver. As a comparison, the amount of a terḫatu in Nuzi raises usually to 40 shekels of silver,[26] though other quantities are also attested: 10 shekels (JEN 434), 15 (HSS 19 144), 30 (JEN 186, RA 23 12), 35 (HSS 19 99), 45 (HSS 19 84), etc.

4. Conclusions

This article is a first attempt to deal with a subject rarely investigated, despite the number of studies devoted to the status of women, namely the involvement of women in economic life as well as the properties, movable or immovable, that they might possess. In our opinion, it might be further investigated following two research approaches:

  • On one hand, by focusing on the real estate properties of women: they can be adopted as sons by their own father and thus inherit land,[27] but also be adopted by other men who transfer a plot of land to them (the question remains open if Gadd 31 and SCCNH 7 6 belong to this category), or loan barley or other commodities and take a plot of land as pledge.
  • On the other hand, one should have a closer look at the movable properties women can inherit according to their father’s wills, as well as at those they can give away in adoption contracts, or even lend as a part of a loan arrangement[28].

 

Bibliography

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Assante J., 1988, “The kar.kid / ḫarimtu, Prostitute or Single Woman ? A Reconsideration of the Evidence,” UF 30, p. 5-96.

Ben-Barak Z., 1988, “The Legal Status of the Daughter as Heir in Nuzi and Emar,” in M. Heltzer and E. Lipinski (eds.), Society and Economy in the Eastern Mediterranean (c. 1500-1000 BC), OLA 23, Leuven, p. 87-97.

—     2006, Inheritance by Daughters in Israel and the Ancient near East. A Social, Legal and Ideological Revolution, Tel Aviv.

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Deller K., 1987, “Ḫanigalbatäische Personennamen,” NABU 1987/53.

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—     1999, “Nuzi Note 57. HSS 19, 108 Joined to EN 9/1, 139,” in D. I. Owen and G. Wilhelm (eds.), Nuzi at Seventy-Five, SCCNH 10, p. 428-429.

—     2010, “Zum Verkauf von Grundbesitz in Nuzi,” in J. Fincke (ed.), Festschrift für G. Wilhelm, Dresden, p. 125-141.

—     2012, “Adoption of Women at Nuzi,” in P. Abrahami and B. Lion (eds.), The Nuzi Workshop at the 55th Rencontre Assyriologique Internationale, SCCNH 19, Bethesda, p. 119-140.

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Grosz K., 1981, “Dowry and Brideprice at Nuzi,” in M. A. Morrison and D. I. Owen (eds.), Studies on the Civilization and Culture of Nuzi and the Hurrians in Honor of Ernest R. Lacheman, Winona Lake, p. 161-182.

—     1983, “Bridewealth and Dowry in Nuzi,” in A. Cameron and A. Kuhrt (eds.), Images of Women in Antiquity, London and Canberra, p. 193-206.

—     1987, “Daughters adopted as sons at Nuzi and Emar,” in J.-M. Durand (ed.), La femme dans le Proche-Orient antique, Actes de la XXXIII° R.A.I. (Paris, 1986), Paris, p. 81-86.

—     1988, The Archive of the Wullu Family, Copenhagen.

—     1989, “Some Aspects of the Position of Women in Nuzi,” in B. Lesko (ed.), Women’s Earliest Records From Ancient Egypt and Western Asia, Atlanta, p. 167-189.

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—     2009b, “Sexe et genre (1). Des filles devenant fils dans les contrats de Nuzi et d’Emar,” in F. Briquel-Chatonnet, S. Farès, B. Lion and C. Michel (eds.), Femmes, cultures et sociétés dans les civilisations méditerranéennes et proche-orientales de l’Antiquité, Topoi Supplement 10, p. 9-25.

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—     1987, “Daughters as “Sons” at Nuzi,” in M. A. Morrison and D. I. Owen (eds), General Studies and Excavations at Nuzi 9/1, SCCNH 2, Winona Lake, p. 203-213.

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—     1939, Nuzi, Volume 1, Text, Cambridge (Mass.).

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[1] See previous studies in Paradise 1980: 204-205; Grosz 1981, 1983, 1989; Westbrook 1993-1997: 278-279; Pfeifer 2009: 397-399.

[2] Grosz 1981: 170 provides a table with the texts mentioning dowry payments, which needs some corrections: the first text, described as “HSS 19 79,” is actually HSS 19 71, and HSS 19 79 should be added; in HSS 13 93 = HSS 14 2: 17-18, Apukka is designated as LÚ mu-lu-gi5 ša DAM-at Ihi-iš-mi-te-šub DUMU LUGAL (Wilhelm 1981: 4; Deller 1987), but this does not necessarily mean that the fields mentioned held the status of dowry. Several texts have been transliterated, translated and studied by Breneman 1971: 63-65 (HSS 19 76), 120-123 (HSS 5 11), 177-179 (Gadd 31), 190-195 (HSS 19 79 and HSS 5 76), and 267-268. “SCCNH 7 6” refers to BM 104822+BM 104835, joint made by Fincke 1995: 35-36, who also gives the transliteration and the translation; J. Fincke compares this tablet with Gadd 31 and the reading [ana mul]ūgūti l. 5, just like in Gadd 31, has been suggested by J.J. Justel, who collated the tablet. The join between HSS 19 108 and EN 9/1 139 was made by Fincke 1999, who provides a complete transliteration of the document.

[3] See n. 2.

[4] l. 5-6: it-ti ṭup-pí-šu-ma ù it-ti A.ŠÀ ša pí-i ṭup-pí.

[5] These two tablets have been found in Kirkūk (Arrapḫe) and, according to Grosz 1988: 128-141, they belong to the same family: fUntuya, adopted as sister in SCCNH 7 6, would be the grandmother of fHalaše, adopted as sister in Gadd 31.

[6] Fincke 2012: 122 n. 28.

[7] Fincke 1995: 36.

[8] Speiser 1928-1929: 26-27.

[9] Gordon 1936: 158.

[10] Lacheman 1973; for example fTulpun-naya acquires orchards, fields and houses in this way (Abrahami and Lion 2012: 20-24).

[11] HSS 5 76 and HSS 5 11 have been transliterated by Dosch 1976: 126-129 (nos. 85 and 86), and HSS 5 11 is studied by Assante 1988: 19-22.

[12] According to Grosz 1988: 140-141, fHalaše would be the daughter of Šekar-Tilla i.e. Šekaya (hypocoristic form). The adoptive brother, Šalap-urhe, and fHalaše might have been relative.

[13] Zaccagnini 1979: 42-43 (data have been completed). We assume here that the ammatu is about 50 cm.

[14] These data are provided by Novak 1994: 375-377. HSS 19 71 and HSS 19 79 are added to allow comparisons even if, of course, the houses mentionned in these texts have not been identified nor excavated.

[15] See especially Fincke 2010 and Maidman 2010: 163-227.

[16] See recently Fincke 2010.

[17] Cassin (1969: 129) notes that the bride’s father, Paikku, “a donné à sa fille en ‘dot’ des maisons qui lui sont payées par son gendre,” considering apparently the counter-dowry as the price of the houses.

[18] Grosz 1983: 202, 1989: 172-173.

[19] Lion 2009a.

[20] For example HSS 14 593, where 24 UŠ.BAR receive rations. A list of more than 100 textiles workers has been established by Mayer 1978: 169-175, all of them being men.

[21] Starr 1939: 412 and 1937: pl. 116, S-Y and 127, FF (whorls), pl. 117 C-E and G (weights).

[22] Starr 1937: pl. 127 FF (whorl) was found in B 7, group 2 (a house dated to stratum III); pl. 116 S (whorl) in K 436, a room which is not indicated on the plan, and belongs to group 18 (stratum III), cf. Starr 1939: 269-270; pl. 116 W (whorl) was found in G 10, a room belonging either to group 4 (stratum III) or to group 27 (stratum II); pl. 117 D (weight) in C 42, group 10 (stratum III); pl. 117 G (weight) in H 53, group 11 (stratum III); and pl. 117 C (weight) in C 29, group 33 (stratum II).

[23] Starr 1937: 218-219; Starr 1939: pl. 118 A and B (ancient loomstands) and 30 B (Arab loom). Starr compares these loomstands with those used by the inhabitants of region when he led the excavations.

[24] See this idea first in Grosz 1981: 174.

[25] Müller 1995: 380 (“in beliebiger Form bezahlbar”).

[26] See f.ex. Breneman 1971: 261, Pfeifer 2009: 381.

[27] See Paradise 1980, 1987; Grosz 1987; Ben-Barak 1988: 91-93, 2006: 144-148; Lion 2009b.

[28] This last subject will be deal with in the next REFEMA meeting.

Contributions, Emar / Nuzi / Medio-Babyl., Workshop-1 (Nanterre 11-2012)

The Economic Role of Women during the Crisis in Emar, Syria

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 The Economic Role of Women during the Crisis in Emar (Syria)

Josué J. JUSTEL[1] (Altorientalisches Institut, Universität Leipzig — UMR 7041 ArScAn)

1. Introduction

 

The existence of economic crises in the Ancient Near East is well known. One of the most investigated periods is the Late Bronze Age, which written sources attest the difficulties families experienced.[2] To this period belongs the documentation unearthed in the excavations of Tell Meskene, ancient Emar, by the Syrian Euphrates, when the city – as well as the near Ekalte, modern Tell Mumbāqa – was under the influence of the Hittite Empire.

It seems that Emar (or its territory) was attacked, by the middle of the thirteenth century BC, by the Hurrian army. This episode is documented in four texts (Emar VI 42, AulaOr. Suppl. 1 9, HANEM 2 77, ASJ 12 7) and, despite the exact date is unclear, the attack would have taken place ca. 1250 BC.[3] Another two texts (AulaOr. Suppl. 1 25, 44) attest additional raids, but they do not mention that they were undertaken by the Hurrian troops.[4] In any case, it is evident that Emar was attacked several times.[5]

These war episodes, and other circumstances as well, would have born one or more deep economic crises. This phenomenon is explicitly stated in some legal documents from Emar by the reference to the “year of famine (and) war” (a/ina šanat dannati nukurti), with slightly different formulations. Zaccagnini gathered 33 references;[6] 4 more have become noted since,[7] to which 5 additional attestations can be added here.[8] These 42 cases are distributed amongst the two scribal traditions present in the Emar archives: the so-called Syrian (= S, esp. for landed property sales) and the Syro-Hittite (= SH, for sale of persons).[9] In line with the above-mentioned episodes of war,[10] some economic crises would have taken place, in which the price of the food would have increased dramatically.[11] Only during the reign of Pilsu-Dagān, king of Emar, the episodes of sale of persons are attested.[12] The formula may be also attested in two additional documents discovered in the archive of Ekalte, some kilometers to the north.[13]

In essence, these references are found in legal documents attesting two different economic transactions: transferences of landed property and of persons. By the inclusion of this expression, it is therefore stated that the transaction took place in a difficult moment for at least one of the parties involved. However, the exact implications of that formula remain unclear. For example, Zaccagnini think that only in the case of sale of persons the actual cause would have been the economic difficulties of those families.[14] When landed property was involved, however, “these contracts do not seem to exhibit any distinctive feature that might be connected with war and famine.” In these cases he thinks that the reference to war and famine could be a “scribal mannerism.”[15] Adamthwaite has calculated the prices of these transactions and pointed out that only the cases of sale of persons correspond to real economic difficulties.[16]

It is unclear whether an economic crisis is to be posited only when the above-mentioned formula (ina šanat dannati nukurti) is employed. The formula probably does not reflect personal difficulties, but a generalized crisis in Emar.[17] Démare-Lafont points that “la clause paraît plutôt avoir une utilité juridique en ce qu’elle introduit une exception justifiant l’application de dispositions dérogatoires, qui diffèrent sensiblement selon qu’elles concernent la vente ou le prêt.”[18] In that case, it would be possible that the inclusion of the formula allowed the seller to buy this property again. Other references to difficulties of concrete families do not use this formula,[19] but they will be considered in the present exposition too.

This situation of war and economic crisis, with its terrible consequences on society, is attested again during the siege of Nippur by the Assyrian army in the 7th century BC.[20] A set of ten documents attests that a man named Ninurta-uballiṭ acquired different children – most of them, girls – from their parents, who went through a rough period. These documents were published by Oppenheim,[21] who proposed further parallels: one from the Old Assyrian period, five during the siege of Babylon by Assurbanipal, and three from other sieges in Uruk. Zaccagnini has provided 3 further Neo-Assyrian parallels.[22]

The purpose of this investigation is to study the active[23] role of women in these moments of generalized economic crisis, represented by the use of the aforementioned formula, or during concrete economic difficulties. In contrast to previous treatments,[24] I will present the evidence by dividing the examples according to concrete legal actions (selling/buying or debt transactions), and not according to the object (landed property/persons), but see an overview of the latter case in § 6.

 

2. Women in buying and selling

 

More than two hundred sale-contracts from Emar have been published up to now, the object of the transaction being landed or movable property, animals or persons.[25] A woman appears as seller in sixteen cases.[26] Among these sixteen occurrences, in four it is stated that the transaction took place during a generalized crisis by the use of the formula “in the year of famine (and) war” (ina šanat dannati nukurti). The cases are:

–    Emar VI 20 (S): Bāba buys from his step-mother/adoptive mother[27] fAbini a house for 170! shekels of silver[28] “[in the y]ear of famine and war” (l. 14: [a/i-na m]u-tu4 kala nu-kúr-ti). Later on (ll. 28-30) it is stated that fAbini’s children had abandoned her “because of the famine and the war” (a-na dan-na-ti nu-kúr-ti). It is explicitly indicated that Bāba bought the property “as a stranger” (kīma nikari ll. 13, 31).[29]

–    AulaOr. Suppl. 1 57 (S): Ipqi-Dagān buys from ʾIlī-iamūt and his mother fʾAḫa-mi a house for 200 shekels of silver “because of the famine” (l. 18: a-na dan!–na-ti).[30]

–    AulaOr. Suppl. 1 65 (SH):[31] fAdamma-ilī and her four children (fDagān-niwārī, fʾImmī, Ḥabʾu and ʾAbiu) sell a house[32] to Bēlu-kabar and Dūdu (who were brothers) for 45 shekels of silver “in the years of famine” (l. 6: a-na mu-meš!–ti dan-na-ti). It is explicitly stated (ll. 8-14) that fAdamma-ilī’s children could buy the property again by giving the buyers the double price – that is, 90 shekels of silver. fAdamma-ilī’s family had run into debt since the silver was finally received by Tūra-Dagān, who would have been the creditor (ll. 17-18).

–    ASJ 10 E (SH): fDagān-ilī sells her son Zū-Eia for […] shekels of silver to Dagān-bāni “[in the year] of famine, when three qa of barley stood [for one she]kel of silver” (ll. 1-2: [a/i-na mu] kala-ga ša 3 qa še / [a-na 1 gí]n kù-babbar iz-za-az).

Another example, Emar VI 82 (SH),[33] should be added. A woman named fAdda-naʿmī seems to sell some landed property to Dagān-taliʾ; it is mentioned that this man therefore “has le[t her] children live” (ll. 6-7: dumu-meš-[ši] / u[b]!–te-li-iṭ).[34] Later on (ll. 7-14) a reference to the right of buying the property again seems to appear. Though there is no mention of the “famine and war” formula, it is evident that this woman experienced hardship.

Among these more than 200 sale-contracts from Emar, a woman was the buyer in 5 cases.[35] Only one of these contains the expression “in the year of famine (and) war,” Emar VI 111 (S). It is mentioned that a fAštar-abu had bought a house for 3 hundred shekels of silver. This price is really very high compared to the remaining transactions which took place during the period of crisis, and also compared to the normal price of houses in other moments as well.[36] Durand thinks that “la clause signifie que la terre n’entrera pas dans la définition du patrimoine de son mari lorsqu’il mourra,”[37] and therefore the high price was not related to the economic crisis. For his part, Viano thinks that the price was not modified by the buyer’s gender.[38] In this case the formula is found at the end of the document, referring to the future, and not to the moment in which the transaction had taken place, which is more usual: “(In) the years of war and famine, she shall give (the property to those) among her children she wishes, either female or male” (ll. 36-39: mu-ḫi-a nu!–kúr-ti kala-ga / i-na dumu-meš-ši a-šar ta-ra-am / ta-na-din / i-na munus ú nitá).

 

3. Women in debt transactions

 

Along with their presence in sale contracts, women may be found in debt transactions. Different kinds of documents attest the processes of indebtedness, as the loan agreements, registers of annulment of debt, etc. In total, the number of these documents found in Emar is about thirty; another nine administrative records may be added to the corpus.[39] In this documentation, women might take an active part in the transaction:[40] we find 4 cases in which a woman was the creditor[41] and 5 in which she was the debtor.[42]

Only in one of these cases a variant of the mentioned “famine and war” formula is attested. It is ASJ 13 37 (SH), which starts with a formal declaration of a woman named fBaʿla-ʾilī: “In the year of famine, when three qa of barley stood for one shekel of silver, there was none who took care of me. Now Zū-Aštarti, son of Aḫī-mālik, son of Kutbu, has paid twenty five shekels of silver – my debt – and in the year of famine he has let me live of bread and water” (ll. 2-6: i-na mu kala-ga ki-i 3 qa še-meš a-na 1 gín kù-babbar / iz-za-az ša i-pal-la-ḫa-an-ni ia-nu i-na-an-na / Izu-aš-tar-ti dumu a-ḫi-ma-lik dumu kut-be 25 gín kù-babbar / ḫu-búl-li-ia ul-tal-lam ù mu kala-ga iš-tu ninda-meš / ù a-meš ub!–tal-li-ṭa-an-ni). We find here that this woman was alone and going through a very bad economic situation, so a man named Zū-Aštarti settled her debts. The silver was received by the creditor, fEsertu (l. 10).

Other cases do not state explicitly that it was the case of a generalized crisis, but they refer to concrete economic difficulties. An example is ASJ 13 36 (SH), in which one learns that fBaʿla-simātī had run into debt for 40 shekels of silver. Zū-Aštarti – the same man mentioned in the previous example – settled her debt, so fBaʿla-simātī and her daughter fAštar-ummī enter Zū-Aštarti’s household as female slaves.

A last piece of evidence regarding debts is Emar VI 213 (SH).[43] fḪuti made her testament, granting all her possessions to her daughter. The testatrix declares that, after her husband’s death, she became poor and fell into debt (ll. 10-11: muš-kè-na-ku / ù uḫ-ta-bíl), and no relative helped her. For that reason, a man named Baʿl-mālik “honored me and paid my debts” (l. 13: ip-tal-ḫa-an-n ù ḫu-bu-la-ti-ia ul-tal-lim). Finally, fḪuti decided to adopt this man Baʿl-mālik (not explicitly stated, but see l. 20) and caused him to marry her daughter fBatta. This legal phenomenon, labeled by modern historiography as “adoption with marriage,” is quite common in the documentation from Emar,[44] but that is the only case in which somebody adopted his/her creditor.

 

4. Other attestations

 

Two further documents from Emar refer to the situation of women during the period of economic crisis. These texts do not correspond stricto sensu to sale contracts nor debt transactions; their characteristics are actually connected to family arrangements.

The first example, AulaOr. Suppl. 1 48 (S), is strictly speaking an adoption contract.[45] fWāʿi, probably a widow, adopts Iaḫṣi-Baʿl, and some usual clauses in this kind of legal documents are expressed; for example, the obligation for the adopted to support (wabālu Gtn) his mother in the future. It is also stated that “Iaḫṣi-Baʿl has supported her mother fWāʿi in the years of famine, and he has taken the house and the gods her husband gave to her” (ll. 31-37: ia-aḫ-ṣi-en / fwa-a-e ama-šu / i-na mu-ḫi-a-ti dan-na-ti / it-ta-na-bal-ši / ù é-ta u dingir-meš / ša mu-ti-ši id-dì-na-ši / il-qè).

The second example, Emar VI 216 (SH), is actually a marriage adoption contract.[46] A woman named fKuʾe stated that her husband was absent[47] but their children were very young, at least one still an unweaned baby. They were going though hard times, so this woman decided to give one of her daughters in matrimonial adoption to another woman (fʿAnat-ʾummī), in exchange for 30 shekels of silver (the amount is only stated in Emar VI 217: 12). In addition, fKuʾe declared: “she has made (my/our) young children live in the year of famine” (ll. 7-8: dumu-meš še-eḫ-ru-ti i-na mu dan-na-ti / ú-bal-li-iṭ).[48] This text belongs to a set of documents which allows us to follow the events of  fKuʾe’s family. In a later text (Emar VI 217) one learns that the transaction never took place, since fʿAnat-ʾummī did not pay the terḫatu of the girl given away in matrimonial adoption. Since her parents still needed the silver, they sold the girl, her unweaned sister and two brothers to Baʿal-mālik, who led a scribal school. Three clay lumps bear the imprints of feet and the names of three of these children, probably in order to record their size and age, and to avoid their being changed thereafter (Emar VI 218, 219, 220).[49] The end of the story is unknown.[50]

As stated before (§ 1), in this paper only the active role of women is taken into account. Note however that other documents record a woman – usually a young girl – being sold during periods of economic crisis. It is the case of Emar VI 83, AulaOr. Suppl.I 52,[51] ASJ 10 A, and perhaps Emar VI 256.[52] Sales of women are also known for periods when no crisis is explicitly mentioned.[53]

5. Women and crisis

 

Scholars have barely devoted a word on the role of women in these episodes of economic generalized crisis, or concrete personal difficulties.[54] I have shown the available evidence according to the type of legal deed (sale contracts, debt transactions, etc.). In the following table all this documentation, rearranged after the object of transaction (landed property or persons), is to be found.

Landed property

Persons

a/ina šanat dannati nukurti

Emar VI 20

Emar VI 111

AulaOr. Suppl. 1 57

AulaOr. Suppl. 1 65

Emar VI 216

AulaOr. Suppl. 1 48

ASJ 10 E

ASJ 13 37

No reference to crisis

Emar VI 82

Emar VI 213

ASJ 13 36

 

The general situations attested in the aforementioned documents share some common features. In general, the women which appear in those texts are alone. The husband is usually not mentioned. In some cases, we are told why these women are alone:

–    Emar VI 20: “Her children abandoned fAbini because of the famine and the war” (ll. 28-30: fAbini mārēši ana dannati nukurti īzibūši).

–    Emar VI 213: (fḪuti:) “After (the death of) my husband I became poor and ran into debt, but there was none among my husband’s brothers who took care of me” (ll. 10-12: arki mutiya muškēnāku u uḫtabbil u ina libbi aḫḫē mutiya ša ipallaḫanni yānu).

–    Emar VI 216: (fKuʾe:) “My husband is g[one, my/our children] are young (and) [there is non]e who makes (them) live” (ll. 3-4: mutiya itta[lak mārēya/ni] ṣeḫrū ša uballaṭ [ul īšu]).

–    AulaOr. Suppl. 1 48: “Iaḫṣi-Baʿl has supported her mother fWāʿi in the years of famine” (ll. 31-34: Iaḫṣi-Baʿl fWāʿi ummašu ina šanāt dannati ittanabbalši).

–    ASJ 13 37: “In the year of famine (…) there was none who took care of me” (ll. 2-3: ina šanat dannati … ša ipallaḫanni yānu).

According to this information, Zaccagnini reached the conclusion that “in most cases these women were either war widows or wives whose husbands had disappeared, thus leaving their families without any means of support.”[55] In these cases the man is absent because he is dead (Emar VI 213) or because he has left temporally (Emar VI 216[56]). It happens that, when the woman sells a property, one or more of her children are also mentioned (AulaOr. Suppl. 1 57, 65).  It is interesting that, when a man is in economic troubles, these circumstances are not stated.

Comparatively, women appear to have managed these periods of crisis more frequently than men. The sale contracts provide suitable example for this situation. A woman is attested as seller in 16 cases, of which 4 contain the formula “in the year of famine and war.” That represents 25% of the total. If we focus on the remaining sale contracts from Emar, about 200, in 25 the formula is mentioned, representing the 12,5% of the total. Despite the scarcity of sources, the difference between both circumstances is noticeable. It would seem to indicate that the necessity of selling properties during the periods of difficulty was higher among women than men. Recently Viano has reached this very same conclusion by analyzing the prices of landed property sold: “Women mostly appear in the house sale contracts when they are forced to sell their properties due to economic difficulties as the quite low prices recorded in these texts seem to lead.”[57]

For the other part, it should be stressed that the aforementioned evidence clearly shows that women were equal in rights to men in managing their resources during these periods. Numerous documents attest that a man was going through bad times (by using the “war and famine” formula), and another one helped him. In AulaOr. Suppl. 1 25, for example, a man pays off the debts of another, and therefore lets him live (l. 7: ub-tal-li-ṭá-an-ni-mi), as in other cases of women mentioned above.[58] These examples share the same main characteristics referring to the procedure undertaken.

In this sense, there is one expression, “to let someone live,” which is frequently found in this corpus related to economic crisis. In general we are told that one man has paid off the debts of a man or woman, so he has let him/her live. The formula always employs the Akkadian verb balāṭu in D-Stamm,[59] and takes place in 4/5 documents from Emar, all of them referring to a period of economic crisis.[60] All these 4/5 documents belong to the Syro-Hittite scribal tradition, a fact that seems to have received no notice in the secondary literature. In two of these documents (Emar VI 216 and ASJ 13 37) a woman participated actively in the transaction. In Emar VI 216 fKuʾe is supposed to receive 30 shekels of silver for her daughter – given away in matrimonial adoption – from fʿAnat-ʾummī, who let fKuʾe’s children live (l. 8: ú-bal-li-iṭ). The form uballiṭ could be understood as 1cs, and in that case fKuʾe would be the one who lets the children live.[61] However, in the remaining cases of use of balāṭu D, the subject of the verb corresponds to the one who has paid off the debts (in this concrete case fʿAnat-ʾummī), and therefore the verbal form in Emar VI 216 should be understood as 3cs.[62] For its part, from ASJ 13 37 we learn that fBaʿla-ʾilī had run into debt and Zū-Aštarti let her live (l. 6, ub!–tal-li-ṭa-an-ni, see § 3). fBaʿla-ʾilī finally entered Zū-Aštarti’s household, but we do not know whether she was considered a female slave. Finally a further document, previously considered (§ 2), could be added to the corpus, despite it contains no reference to the period of economic crisis: Emar VI 82 (SH). fAdda-naʿmī sold some properties, so with this silver the buyer “made [her] children live” (ll. 6-7: dumu-meš-[ši] / u[b]!–te-li-iṭ). In this case, as well as in the aforementioned examples, the verbal form is to be interpreted as 1cs.[63] Note that in another document, AulaOr. Suppl. 1 48 (§ 4), of Syrian scribal tradition, similar circumstances are to be found, but a form of the verb wabālu Gtn (l. 34) is employed. This verb is usually employed in order to express the obligations acquired by adopted children, as it is the case in AulaOr. Suppl. 1 48. Despite the scarcity of sources, the logical conclusion is that, when the technical term balāṭu D appears, it is usually a woman who is the object of the verb – and always it is a man who lets her live (note again that women are not mentioned as frequently as men in these economic transactions, so the odds favor this interpretation).

6. Conclusions

 

To sum up, women appear in the context of economic crisis in the documentation from Emar. The available sources are mentioned in the following table:

 

 

Sale contracts

Debts

Other attestations

a/ina šanat dannati nukurti

Woman selling

Emar VI 20

AulaOr. Suppl. 1 57

AulaOr. Suppl. 1 65

ASJ 10 E

ASJ 13 37

Emar VI 216

AulaOr. Suppl. 1 48

Woman buying

Emar VI 111

No reference to crisis

Emar VI 82

Emar VI 213

ASJ 13 36

–

 

These women had to manage these economic difficulties. They used to be alone, most of cases corresponding to widows. Sometimes, it is even stated that they had to care of their children and had no resources. For that these women had to sell properties or fell into debts, to solve this hard situation. In fact, comparatively, women appear to have managed these periods of crisis more frequently than men, as the analysis of the use of the verb balāṭu D shows. One can see that these women seem to have managed their properties and even their families at their will. The legal features exhibited in those documents are exactly the same which can be found in the case of men managing their properties during economic difficulties. For that very reason, it may be concluded that in these periods of crisis – as well as in other circumstances – the legal capacity of women was complete, at least when they were alone.

 

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[1] Member of the research group «Histoire et Archéologie de l’Orient Cunéiforme», UMR 7041-ArScAn, Maison de l’Archéologie et de l’Ethnologie René Ginouvès, Nanterre. This paper has been sponsored by the Spanish Ministerio de Ciencia e Innovación (postdoc. ref. EX2009-0811) and the Alexander-von-Humboldt Stiftung (ref. 1134700). I thank Ch.W. Hess (Universität Leipzig) for his help in composing this paper in acceptable English. Abbreviations of specialized journals, texts, and series follow the Reallexikon der Assyriologie und vorderastiatischen Archäologie (Berlin/Leizpig).

[2] See Liverani 2004: 30-33, and a bibliographical introduction in Zaccagnini 1995: 923.

[3] See the overview in Vita 2002: 117-20, who dates the episode in 1230 BC; recently other authors have proposed the attack took place ca. 1270 BC (see comments of Divon 2008: 104 and Fales 2011: 28).

[4] Vita 2002: 121-23.

[5] Zaccagnini 1995: 100, Vita 2002: 122.

[6] Zaccagnini 1995: 96-98.

[7] Vita 2002: 116.

[8] According to Démare-Lafont 2010: 8070. Four of them had been published but not taken into account by the mentioned authors; the fifth document is Subartu 17 p. 498: 19-20, published by Cavigneaux/Beyer 2006 (cf. comments of Démare-Lafont 2010: 78-80).

[9] Vita 2002: 116, Démare-Lafont 2010: 82. These scribal traditions would have been employed in different moments; see esp. the papers included in D’Alfonso/Cohen/Sürenhagen 2008, or Di Filippo 2004, Fleming/Démare-Lafont 2009 and Cohen 2012: 34-35 (with previous bibliography).

[10] Divon 2008: 108 points: “All these texts [= containing the above mentioned formula] may be tentatively linked to the war against the Hurrians.”

[11] Adamthwaite 2001: 171 or Cavigneaux/Beyer 2006: 50326.

[12] See esp. Divon 2008: 105.

[13] WVDOG 102 54: 1’, 76: 16 (both very damaged).

[14] Zaccagnini 1995: 106.

[15] See Zaccagnini 1995: 99, and the discussion in Adamthwaite 2001: 137-38, who rejects this idea (p. 158).

[16] Adamthwaite 2001: 153, 168, 174.

[17] Zaccagnini 1995: 99, Adamthwaite 2001: 174.

[18] Démare-Lafont 2010: 81-82.

[19] Zaccagnini 1995: 99.

[20] Contemporary to the documentation from Emar are the Middle Assyrian Laws (MAL A 39), which refer to family economic difficulties as well.

[21] Oppenheim 1955.

[22] Zaccagnini 1995: 94-95.

[23] Therefore cases in which a woman was sold are not treated.

[24] For example Zaccagnini 1995 or Adamthwaite 2001: 133-75.

[25] See a list in Justel 2008b: 1866; for sale contracts of landed property see Beckman 1997, Viano 2011, 2012; for the formulary see Di Filippo 2008, Démare-Lafont 2010: 46-52.

[26] Emar VI 7, 20, 35, 80, 82, 89, 113, 114, 130, 217; AulaOr. Supp. 1 57, 65; HANEM 2 68; ASJ 13 17; AulaOr. 5 9; ASJ 10 E. The same circumstance is attested in other Syrian Late Bronze Age archives, as Ugarit (RS 16.156, 17.22+) and Alalaḫ (AlT 70); see Justel 2008b: 188-95.

[27] On the family circumstances expressed in this document see Zaccagnini 1995: 9921.

[28] The real price is unclear, see the comments of Durand 1989: 177; Viano (2012: 122) accepts the above-expressed reading.

[29] According to Westbrook (2003: 686), “the implication [of the formula kīma nikari] is that the sale was not at a discount, as between family members, but at the full market price, like an outsider. The clause may have been designed to protect the buyer’s title against future redemption by the seller or his heirs” (cf. also Zaccagnini 1992: 36). This proposal is not sure and new perspectives have been proposed; for example cf. Viano 2012: 123.

[30] See comments of Viano 2012: 122.

[31] On this document see Westbrook 2001: 24-26, as well as the comments of Zaccagnini 1995: 107 and Viano 2012: 122.

[32] It is unclear whether it was simply a house; see Viano 2012: 12232.

[33] See comments of Durand 1989: 190-91 and Zaccagnini 1995: 108.

[34] See § 5.

[35] Emar VI 111, 114; AulaOr. Supp. 1 81; HANEM 2 49; ASJ 12 3. 8 documents attesting similar circumstances come from Ugarit; see esp. Justel 2008b: 196-200 for an analysis of the evidence (p. 19660 for the concrete cases).

[36] See Adamthwaite 2001: 165 and Viano 2012: 122.

[37] Durand 1990: 53.

[38] Viano 2012: 122.

[39] See the formulary of these texts in Démare-Lafont 2010: 66-72.

[40] See Justel 2008b: 215-20.

[41] AulaOr. Supp. 1 27, 33; HANEM 2 67; ASJ 13 37.

[42] Emar VI 23, 24; AulaOr. Supp. 1 65; ASJ 13 36, 37. Another document with similar circumstances comes from Ekalte (WVDOG 102 93 = HANEM 2 89), and further 7 examples from Ugarit (RS 6.345, 15.12 = KTU2 4.135, 16.354, 17.37, 17.297 = KTU2 4.290, 18.111 = KTU2 4.386, 19.73 = KTU2 4.632).

[43] See esp. Zaccagnini 1994: 101-02, Viano 2012: 121, as well as the translation and comments of Tropper/Vita 2004: 155-56 and Bellotto 2009: 217-18.

[44] See esp. Beckman 1996: 63-65, Bellotto 2000: 190-91, 2004: 132-35, 2008: 189, 2009: 91-122, Justel 2008b: 91-93.

[45] On this legal genre see esp. Bellotto 2009 (this document in p. 232-33) and Démare-Lafont 2010: 58-63.

[46] On this legal phenomenon in Emar see esp. Justel 2008a (this document in p. 14). Cf. also the comments of Zaccagnini 1995: 101 and Adamthwaite 2001: 138, 141-42.

[47] See Durand 1990: 74.

[48] See § 5.

[49] See Leichty 1989: 356.

[50] Cohen (2005) proposed that they would have been scribes in Emar, but that does not seem to be correct (Cohen 2009: 17475). Cf. Zaccagnini 1994.

[51] Adamthwaite 2001: 136 thinks that the sellers were a man and his wife, but he states in p. 143 that they were two women. Actually the sellers were two brothers.

[52] See Zaccagnini 1995: 102-03

[53] See esp. Justel 2008b: 233-38.

[54] See for example Zaccagnini 1995: 100 or Justel 2008b: 190-191, 199-200.

[55] Zaccagnini 1995: 100.

[56] He reappears in Emar VI 217.

[57] Viano 2012: 122.

[58] See Zaccagnini 1995: 96, with n. 15 (p. 96-97).

[59] AHw 99b, sub D2c and CAD B 61, sub 7a.

[60] Emar VI 86: 4, 216: 8, AulaOr. Supp. 1 25: 6, ASJ 13 37: 6, and probably SMEA 30 9: 6 (restored). See Adamthwaite 2001: 148-50 and Démare-Lafont 2010: 81. For this expression in the Middle-Assyrian sources see Aynard/Durand 1980: 23, Démare-Lafont 2010: 83; during the Neo-Babylonian period see Oppenheim 1955: 71-75.

[61] As Zaccagnini 1995: 98, 101, thinks.

[62] As other authors think: Arnaud 1985/1987: III 231, Adamthwaite 2001: 149, and cf. Yaron 1959: 161-63.

[63] As Arnaud 1985/1987: III 91, contra Zaccagnini 1995: 108.