Middle Assyrian Laws

Historical source page 34

An Assyrian Law Code 33 her father having been at some previous time 2 a debtor 3 for a transaction, 4 at the settlement 6 of a former business partner- ship, 6 he (i. e., the husband) must go (and) pay against the pledg- ing 7 of the girl the price 8 of the girl. If he cannot give the pledge, 9 then the man 10 takes 11 the one pledged. 12 But if she is living in misery, 13 she is free 14 to any who rescues her 16 ; and if the one who takes the girl 16 , be it that a document *wm-ma pa-ni-ma, 'if formerly', detailing how the girl came to be held, because at some period in the past her father had contracted a debt which he could not pay. 8 ftab-bu-vl — (occurring again § 47) 'the pledgor', clearly the term for the debtor — as against bel tyubvlli, 'the owner of the pledge', i. e., the creditor. 4 ki-i la-par-ti, occurring again § 43 and Text No. 6, obv. 8 and 14. In the latter two passages sapartu is used in contrast to kaspu, 'money' or cash, from which we may conclude that iapartu, literally 'a shipment', from lapd.ru, 'to send', designates a business transaction in products or property as against a money loan or other cash transaction. 6 ie-M-bat, st. constr. of he&ublu from aiabu, 'to dwell, settle", etc., is the exact equivalent to our 'settlement'. * um-vni-cMiu pa-ni-tX. On ummianu (also Text No. 6, rev. 21 and 25) as a business partnership, see the passages in Schorr, Altbabylonische Rechts- urkurtden, Index s. v. p. 557. 7 ina eli ta-di-na-a-wi — the latter a substantive formation in anu like naikanu, 'adulterer' (above § 22), amiranu, 'eyewitness' (Text No. 1, §46) and afyizanu, 'the taker' in our law, (see note 16), from tadanu, to give as security and the like. Tadindnu is, therefore, the object or person pledged. 8 Stmxi, 'price,' i. e., the market value of the girl. The husband, who thus receives a girl as his wife, must pay her value to the one from whom he takes her and who had held her as a pledge or security for a debt remaining at the time of a dissolution of a business partnership. • a-na ta-da-a^ni la-al-M, more literally: 'it is not to him to pledge,' i. e., he has not the wherewithal to take over the pledge, i. e., the girl. 10 1, e., the one mentioned at the beginning who held the girl as a pledge for her father's debt. Presumably the father is dead (see § 47), and there was no brother to redeem the girl or none willing to do so. 11 1, e., he retains the girl or takes her back from the husband. " ta-di-na-na as above, note 7, i. e., the girl as the one pledged. K i-na lum-ni, a very general phrase to indicate bad treatment on the part of the one who held her for debt, though possibly the husband who obtains her by paying her market value is meant. 14 Read [za]-ku-al, i. e., she may be rescued by anyone. u mu-bal4i-(a^ni-H, literally, 'who restores her to life', an interesting expression for the rescuer. 16 Read a-fyi-za-a-[nu Sd]-a Sal, 'the taker of the girl.' See on the formation above, note 7. 3 JAOS 41