(M550) There were the same formalities as in all deeds. First the
purchaser approached the vendor and there was an interchange of ideas,
often through a third party, prolonged over a considerable space of time.
When etiquette had been satisfied and all the preliminary haggling was
over, the parties agreed upon a scribe, who was made acquainted with the
terms of the sale, already verbally agreed upon, and he set down in the
imperishable clay the legal instrument which should bind the parties to
their contract forever.
(M551) Undoubtedly both parties took a copy, and it seems clear that a
third was deposited in the temple archives as a sort of registration of
title. It seems probable that each party sealed the copy held by the
other, but this surmise awaits confirmation. As a rule, the same seal
seems to have been used for all copies, and the witnesses in early times
also affixed their seals. A more exhaustive study must be made before this
can be regarded as certain. Even where duplicates exist in our museums, it
has been usual to publish only one.
(M552) As a rule, the scribe followed a very definite plan. First he made
clear the identity of the property. This was the specification. In the
case of land, neighbors were set down, boundaries given, in some cases the
size of the plot. In each sale the specification is very important. The
personal identity of the parties was usually sufficiently fixed by
appending to their names those of their fathers. In many cases, the office
or rank held by a party is added. Occasionally the name of the
grandfather, or clan-father is added. When either party was a stranger,
his nationality, or city, or tribe, is given. As a rule, the same
information is attached to the names of witnesses. These notes of personal
identity are very valuable, for they furnish means for reconstructing long
genealogies, and they throw much light on the intercourse of varied
peoples. Babylonia seems always to have had a very mixed population.
(M553) Having made it impossible for any mistake to arise as to the
property sold or the parties concerned, the scribe proceeded to guard
against errors regarding the nature of the transaction. The house or other
property “was sold,” “the money paid,” “in full,” and so on. Then he
sought to make it clear that there could be no withdrawal from the
bargain, nor after-claims raised. There was danger that the family might
put in a claim to the property. An illustration of this is a suit brought
to reclaim a house sold, which was the claimant’s reversion—an actual
redemption of ancestral property. From such perils the buyer was protected
by heavy penalties on the seller, who in fact engaged to indemnify him.
(M554) These and many other complicated questions must have long been the
subject of consideration in Babylonian legal circles. As a consequence,
the scribe usually drew up the deed, in set terms, with a formula
consecrated by long use, every turn of which was important.
Public-domain text, read in full here on John Shaqi.
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