(M432) That a slave would escape by flight was always a danger. The slave
had great freedom and many opportunities of getting away. The only
security was that wherever he went he was likely to be recognized as a
slave and anyone might recapture him. However, the captor had a right to a
reward and so the owner would have to pay to get him back, besides losing
his services for a time. Hence a slave who had a fancy for running away
was likely to be troublesome and costly. That might lead to his being
sold. But the purchaser protected himself by a guarantee on the seller’s
part that the slave would not run away. Then if the slave fled and was
brought back, the captor gave a receipt for the sum paid him, and the
owner reclaimed it from the seller.
(M433) The captor might retain the slave until he was paid.(431) In other
cases the seller had to recover the slave for the buyer. In Assyrian times
the seller guaranteed also against death. Here it has been argued that the
guarantee meant only that the slave had not fled or was not dead at the
time of sale. This is not likely in the case of death. Surely no man could
buy a slave who was dead. He would not pay, if the slave was not
delivered. But he might bargain for recompense, if the slave died within a
short time after purchase, as the seller might have had reason to know
that he was ill.
(M434) A guarantee was also given against the _pakirânu_. This is
literally “the claimant.” What claim he had is not stated. When the slave
was pledged, this might be a creditor to whom he had previously been
pledged. But it covers all claims on the slave.(432)
(M435) Another indemnity is the _arad šarrûtu_, or in the case of female
slaves, the _amat šarrûtu_. This was the status of an _arad šarri_, or
_amat šarri_, king’s man or maid. The king, or state, had a right to the
services of certain slaves. How long this was for, how it was discharged,
and how a private person could give a guarantee against it, we do not
exactly know. It may have been limited to slaves taken in war; it probably
consisted in forced service; it may have been for a limited period, so
that the guarantee amounted to an assurance that it was over. But it is
possible that it would be compounded for, or a substitute provided. At any
rate the seller held the buyer indemnified against this claim.(433)
(M436) There was also a guarantee against _mârbanûtu_, the status of a
_mâr banû_, or “son of an ancestor.” The difficulty which this raised was
that, if a man was a scion of a noble family, he might be redeemed by it.
The same result would follow from his being adopted. Hence some consider
_mâr banû_ to mean “adopted son.” But it does not always mean that. We
have no good example of a slave being redeemed on this ground. But we know
that they sometimes laid claim to be free men. This would of course
involve a loss and at any rate a trouble to the owner. But we have not yet
very full information on the point.
Public-domain text, read in full here on John Shaqi.
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