Whether or not the defaulter paid later is not known; but we probably owe
our knowledge of the repayment to the fact that all three did not pay
together. We note that each paid exactly what he borrowed. No interest was
charged.
(M629) In one case we have a receipt for a fine, or damages, imposed by a
law-court. Thus:(675)
Forty minas of bronze, without rebate, which the _sukallu_ imposed
as a fine. Paid to the _šakintu_. Dated the tenth of Adar, B.C.
693. Four witnesses.
There is no statement who owed, or paid, the fine. But the lady governor
who received the money gave this receipt for it.
(M630) The Code makes very clear the legal aspect of this transaction. A
minor or a slave could only deposit under power of attorney.(676) A
deposit was not recoverable unless made by a deed, or delivered in
presence of witnesses and duly acknowledged by a receipt.(677) The
receiver was liable for all loss occurring to the goods in his possession
on deposit, even when the loss was such as involved the loss of his own
goods as well.(678) For corn, the Code fixed a yearly fee for warehousing
of one-sixtieth the amount deposited.(679)
(M631) As we learn from the few actual cases which occur, the receipt
given for the goods was returned to the recipient on the return of the
goods and the tablet broken as cancelling the responsibility. One form
which it might take is illustrated by the following:(680)
Ten shekels of silver, which according to a sealed receipt was
deposited for the share of Ṣili-Shamash, he has taken from
Ṣili-Ishtar and Amêl-ili, his brothers. His heart is contented; he
will not dispute. Oath by Ḥammurabi, the king. Seven witnesses.
Fourth year of Ḥammurabi.
Here apparently three brothers share, but one being absent the two hold
their brother’s share for him, giving a sealed receipt for it. This the
judge delivered to him and he claimed and received his share.
(M632) Actual examples of deposit are rare; probably because our
collections refer to temple transactions, rather than to private family
deeds. We have a deposit of lead,(681) from which we learn that silver was
worth twice as much as lead. It was to be sent from Ashnunna, on demand.
Here is another:(682)
(M633)
“Concerning the silver which Zikrum and Ṣabitum gave to
Ṣili-Ishtar on deposit. They have received it; their hearts are
content. They gave up their bond and it was broken.”
Instead of a receipt by the recipient there is often found a list
concluding with the word _apkida_, “I have intrusted.” Then comes the date
and the names of witnesses. It is not clear, however, that these things
were meant to be returned. They may only be memoranda of allowances given
out. They chiefly occur in Scheil’s _Saison de fouilles à Sippar_.(683)
Public-domain text, read in full here on John Shaqi.
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