(M697) The name for a “partner” is _tappû_, and the sign _TAP_ serves as
ideogram. This sign consists of the two horizontal strokes used to denote
“two,” and may have been used to denote “union,” or partnership, and so
from its name _tap_ have given rise to the name for “partner.” In the new
Babylonian times the ideogram is the sign usually read _ḫarrânu_, also
formed of the two horizontal strokes crossed by two connecting strokes or
bonds. There is little doubt that in early times this was read _girru_,
when denoting “business,” undertaken in association. Later the dualism of
the partnership was marked by the addition of the dual sign to _ḫarrânu_.
That both _ḫarrânu_ and _girru_ are used as words for “way,” “journey,”
“expedition,” may well point to the prominence of the idea of trade
journeys with caravans. But partnerships were made with less ambitious
aims and confined to holding and sharing in common varied sources of
income.
(M698) To make a partnership, _tapputam epêšu_,(751) it seems that each
partner contributed a certain amount of capital, _ummânu_.(752) Yearly
accounts were rendered and the profit then shared. This took place by a
formal dissolution of partnership, when each partner took his share. This
in no way prevented a renewal of partnership. For the satisfaction of the
partners sworn declarations as to the property held in common and the
profit made were deposed before judicial authorities. These often take the
form of a suit by one partner against the other, but it seems that they
might be only formal suits to clear up the points at issue and secure a
legal settlement.
(M699) A considerable number of tablets are drawn up to embody a
settlement on dissolution of partnership. Some do not make any reference
to a law officer as arbitrator; but all contain a careful setting-forth of
each partner’s share and an oath to make no further claim. It is
practically certain that these were drawn up with the cognizance of the
local law-court.
(M700) The Code has nothing to say as to partnership, unless its
regulations on the point were embodied in the lost five columns.
A good example of partnership documents is the following:(753)
Erib-Sin and Nûr-Shamash entered into partnership and came into
the temple of Shamash and made their plan. Silver, merchandise,
man-servant, and maid-servant, abroad or at home, altogether they
shared. Their purpose they realized. Money for money, man-servant
and maid-servant, merchandise abroad or at home, from mouth to
interest, brother with brother will not dispute. By Shamash and
Malkat, by Marduk and Ḥammurabi, they swore. Then follow seventeen
witnesses. The document is not dated.
Public-domain text, read in full here on John Shaqi.
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