COLLECTIONS
OF
LAWS
FROM
MESOPOTAMIA
AND
ASIA
MINOR
,
The Edict of Ammisaduqa
It was the custom in Mesopotamia during the Old Babylonian period, but going back possibly to late Early Dynastic times, for the kings to proclaim an act of "justice" or "equity" (Sumerian n ig . s i. s a = Akkadian
rriisarum)
at the beginning of their reigns and at intervals of seven or more years thereafter. Such acts, concerned mainly with the remission of debts and other obligations, as well as the reversion of land holdings to their original owners, were known heretofore from allusions to them in royal year-names, and references to them in certain private legal documents. The Edict of Ammisaduqa, the loth ruler of the Hammurabi Dynasty in Babylon (1646-1626 b.c.), represents the only extant substantial text proper of such an edict, the only other one known being a fragment of a similar edict issued by Samsuiluna (1749-1712 b.c.), the great-grandfather of Ammisaduqa. There is good reason to believe, however, that the early law-"codes," such as those of Ur-Nammu, Lipit-Ishtar, the kingdom of Eshnunna, and the great "code" of Hammurabi incorporate within their texts at least some of the provisions of the
misharum-z
proclaimed by them during the course of their
3
This section is treated here independently of the preceding one, although it may contain only a variation of circumstance, or even a repetition of the preceding rule.
4
For this and the next section, see
JAOS,
lxxxvi,
pp. 357 ff. "
5
The interpretation of this section is extremely problematic due to the obscurity of the descriptive term of the ox (similarly described in § 10) as nigin- n a, and hence its juridical force. The final verb phrase, rendered here in italics, is to be read i b - r i - til (the last sign is over erasure). It remains unclear whether the subject (equally ambiguous, as the translation implies) is responsible for full compensation, or whether he is quit by turning over to the owner the remains of the dead animal.
6
This section would appear to resemble the goring ox rules of the other law collections (e.g., Eshnunna § 53, Exod. 21135 f.).
reigns, and it is likely that the well-known "reform" inscription of Urukagina, the last king of Lagash of the Early Dynastic period
(ca.
2350 b.c.), is a text of a closely related type.
The main edition of the Edict is that of F. R. Kraus,
Bin Edi\t des Konigs Ammisaduqa van Babylon (Studia et Docu-menta ad Jura Orientis Antiqui Pertinentia,
Vol. v, Leiden 1958)
based on mss. A (Ni 632 in Istanbul) and B (B.M. 78259, British Museum). The present translation incorporates ms. C, B.M. 80289, the full edition of which is to appear in
RA,
lxih
(1969). As this manuscript provides the beginning of the text, it necessitated a new numbering of the paragraphs of the edict, Kraus' § i' becoming here § 3, etc.
Further literature: J. J. Finkelstein, "Ammisaduqa's Edict and
the Babylonian 'Law-Codes,'"
JCS,
xv (1961), 91 ff.; Kraus,
"Ein Edikt des Konigs Samsu-iluna von Babylon,"
AS,
xvi
('965), 225 ff.; Finkelstein, "Some New Misharum Material and
its Implications,"
ibid.,
223 ff. ,
i: (Text C). The tablet [of the decree which the land was ordered] to hear at the time that the king invoked a
misharum
for the land.
2: (5) The arrears of the farming agents, the shep herds, the /w.fz'^w-(agents) 1 of the provinces, and (other) crown tributaries—the ... of their
firm agree
ments
and the
promissory notes
...
of their payments are herewith remitted. (10) The collecting officer may not sue the crown tributary for payment.
3: The "market" 2 of Babylon, the "markets" of the
country (side), the raV£a«w«3 s -ofncer, which in the . . . tablet, are ...
to
the collecting officer—(15) their arrears
dating from the "Year in which King Ammiditana re
mitted the debts which the land had contracted (= year
21 of Ammiditana)" until the month of Nisan of the
"Year: Ammisaduqa the king, Enlil having (20) magni fied his noble lordship, like Shamash (Text A) he rose
forth in steadfastness over his country, and instituted
justice for the whole of his people (= year i of Am
misaduqa)"—because the king has invoked the
misha
rum
for the land, (25) the collecting officer may not sue
the [. . . ] for payment. • •
4: Whoever has given barley or silver to an Akkadian
or an Amorite as an interest-bearing loan, or on die
melqetum
basis (30) [or . .. ], and had a document exe
cuted—because the king has invoked the
misharum
for the land, his document is voided; (35) (Text C) he may
not collect the barley or silver on the basis of his docu
ment.
5: But if, commencing with the month of Addar II of the "Year in which King Ammiditana destroyed the wall of Udinim constructed by Damqiilishu" (=Year 37 of Ammiditana), (40) he collected by constraint, he shall refund whatever he had received through collection.
1
Semiofficial persons who received the cadavers of dead cattle and sheep from the herdsmen of the state herds, see § 12.
2
Akk.
/(arum,
lit. "port," "quay," but denoting in those instances (and §§ 10-11) the association of traders of each town, which primarily served palace or "state" rather than private interests.
8
An official whose main function appears to have been that of recruiting or overseeing the lower rank persons for military-feudal service to the crown, see § 22.
He who does not (thus) make a refund (45) in accord ance with the royal decree, shall die.
6: Whoever has given barley or silver to an Akkadian
or an Amorite as an interest-bearing loan or on the
melqetum
basis, and in the document which he executed
(50) perpetrated a deception by having it drawn up as a sale or a bailment and then persisted in taking interest, he (i.e., the debtor) shall produce his witnesses, and they shall indict him (i.e., the creditor) for taking inter est; because he had distorted his document, his document shall be voided.
(55) A creditor may not sue against the house of an Akkadian or an Amorite for whatever he had loaned him; should he sue for payment, he shall die.
7: (Text A) If anyone had given barley or silver as an interest-bearing loan and had a document executed, (ii 30) retaining the document in his own possession, and then stated: "I have certainly not given it to you as an interest-bearing loan or on the
melqetum
basis; the barley or silver which I have given you, I have given (as an advance) for purchases, or for the production of profit, or for some other objective," die person who had received the barley or silver from the creditor shall pro duce his witnesses to the wording of the document which die lender had denied, and they shall speak (their testimony) before god. (ii 40) Because he (i.e., the creditor) had distorted his document and denied the (truth of the) matter, he must pay (to the borrower) six-fold (the amount he had lent him). If he (die creditor) cannot make good his liability, he must die.
8: (iii) An Akkadian or an Amorite who has received
barley, silver, or (other) goods either as merchandise for a commercial journey, or as a joint enterprise for die production of profit, (5) his document is not voided (by die
misharum
act); he must repay in accordance widi die stipulations of his agreements.
9: Whoever has given barley, silver, or (other) goods to an Akkadian or an Amorite either (as an advance) for purchases, for a commercial journey, or as a joint enterprise for die production of profit, (10) and had a document executed, (but) in the document he had exe cuted, the creditor stipulated in writing that at die expiration of the term (of the contract) the money would accrue interest (15) or if he made any (other) additional stipuladons, he (i.e., the obligee) shall not repay on die terms of the (added) stipulations, but shall repay (only) die barley or silver [on the terms of the (basic) docu ment]. The (obligations of the supplementary) stipula tions upon the Akkadian (20) or the Amorite are re mitted.
10: [...]...
to
Babylon, [die market of . . . ], die market of Borsippa, [die market of . . . ], die market of Isin, [the market of . . . ], die market of Larsa, (25) [the market of ... ]as, die market of Malgium, [die
market of Mankijsum, the market of Shitullum, [. . . ] half (dieir) investment capital was given
[them}
(in die form of) merchandise out of die palace—die (other) half to be made up by diem (i.e., the market associations of the named cities)—(30)
any
such merchandise shall be disbursed to diem from die palace at die going price of die respective city.
ii: If a (state) trading merchant, who customarily disposes of merchandise of die palace, made out a docu ment in favor of die palace against the (collectable) arrears of crown tributaries as if he actually received (such) merchandise from die palace, and received (in turn) die (payable) document of the palace-tributary— thus no merchandise was actually given him from die palace in accordance widi his document, nor did he re ceive (any funds) from die palace tributary—(40) because the king has remitted the arrears of the palace- tributary, (iv) diat merchant shall declare on divine oadi: "(I swear diat) I have not received anything in payment from the palace-tributaries as stated in this document." After having (dius) declared, (5) he shall produce die document of die palace-tributary, diey (i.e., the authorities and the principals) shall settle the accounts jointly, and out of the merchandise stipulated in the document made out by die merchant in favor of the palace they shall remit in behalf of the merchant as much as was stipulated by the document made out by die palace-tributary (10) in favor of die merchant.
12: The
susit(
^«-agent of the land who (15) custom arily receives
[the carcasses}
from the palace cattle-herds
men, shepherds, and goadierds under divine oath, (and)
who (21) customarily renders to die palace: For every cow carcass: one (quantity) of sinfews] together with the skin; for every ewe-carcass: one-sixth . . .
barley,
together with die skin, plus i% minas of wool; for every goat-carcass: one-sixth of
[a shekel]
of
silver
plus
%
of
a mina of goat-wool,—because the -king has instituted the
misharum
for die land, dieir arrears will not be collected. The . . .
(of)
die
fusityu-agent
of the land (25)
(the quotas) . . .
will not be filled.
13: The arrears of die porter (s) which had been as signed to the collecting-agent for collection are remitted; diey will not be collected.
14: (30) The arrears of die Suhu country 4 consisting of
hbfum-rents'
and/(or) half-share rents 8 —because die king has instituted the
misharum
for the land, it is remitted; it will not be collected. (35) He (i.e., die collecting-agent) shall not sue for collection against die houses of Suhu (var.: die Suhian population).
15: The crop impost officer who customarily receives
* A territory on the Middle Euphrates, below Mari.
6
A kind of rent due on tenanted fields, and payable in produce.
8
A rent in which the crop is divided equally between tenant and landlord, and operative usually where the landlord supplied the seed corn and the farming equipment and animals.
the impost proportions of fields (planted to) [barley,] sesame, or minor crops belonging to the palace-tributaries, the . . . , the crown dependents, the infantrymen, the sergeants, or other special feudatories—(v) because the king has instituted the
misharum
for the land, it is remitted; it will not be proportioned (i.e., the impost shares of each crop will not be collected). (However,) the barley destined for sale or profit will be proportioned according to the customary ratio (s).
16: (5) The taverness(es) of the provinces who cus tomarily pay silver (and/or) barley to the palace— because the king has instituted the
misharum
in the land,
the collecting agent (10) will not sue for payment of their arrears.
17: A taverness who has given beer or barley as a loan
may not collect any of what she had given as a loan.
18: A taverness or a merchant who [. . . ] (15) dishonest
weight
shall die.
19: The infantryman or the sergeant who has leased [a ... field] for three years does not perform the [ . . . ] service. (20) In the present [year], because the king has instituted the
misharum
in the land, the infantryman or the sergeant pays according to the (prevailing) ratio of his city . . . , a third or half (of the crop).
20: (25) If an obligation has resulted in foreclosure against a citizen of Numhia, a citizen of Emutbalum, a citizen of Idamaras, a citizen of Uruk, a citizen of Isin,
a citizen of Kisurra, or a citizen of Malgium, (in conse
quence of which) he [placed] his own person, his wife
(30) or his [children] in debt servitude for silver, 7 or
as a pledge 8 —because the king has instituted the
misha
rum
in the land, he is released; his freedom (35) is in
effect.
••'-,. -.-'
.-—.••;:•'
21: If a house-born slavewoman or male slave of a citizen of Numhia, a citizen of Emutbalum, a citizen of Idamaras, a citizen of Uruk, a citizen of Isin, a citizen of Kisurra, (vi) or a citizen of Malgium . . . whose price . . . , has been sold for money, or was (5) given over for debt servitude, or was left as a pledge, his freedom will not be effected.
22: (10) The
ra'ibdnum
or regional governor who
gives barley, silver, or wool to the "house" of an infantry
man or a sergeant for harvest labor, or for the perform
ance of (other) labor, (15) as the result of force, 9 shall
die. (That) infantryman or sergeant may (at the same
time) keep (lit.: "carry off") whatever had been given
him.
7
Forcible seizure of a debtor or a member of his family (also of his chattels) by the creditor upon default on the debt.
8
Voluntary placement of a dependent or a slave by the debtor with the creditor on an antichreric basis covering only the interest on a debt.
9
i.e., the forcible hiring out of subordinates by their superior officers for harvest or other labor to third parties (on a profitable basis), even though their wages were being paid, cf. Code of Hammurabi $ 34. This section is not limited in force to the period of the
misharum'!,
effectiveness, but is a statement against such an abuse of authority for permanent effect.
