The parties to the contract are Ribat, the steward of the rich
Babylonian banker Rimut-Ninurta, and five Aramaic fishermen. In
consideration of Ribat’s furnishing five nets, they bind themselves to
deliver by the 15th of Tishri (about September), _i.e._ within twenty
days from the making of the contract, five hundred fish. On failure to
do so, the time is extended by five days, but the number of the fish
is then increased to one thousand. Each of the five fishermen “goes
bail” for delivery of five hundred, or if need be, of a thousand fish,
but an outsider, Bel-ibni, son of Apla, cautiously limits his bail or
guarantee to the first figure.
These documents possess many points of interest.
(A) They are not only the very earliest, but I suggest the only extant
_fishing_ contracts (proper) prior to the third century A.D. In Egypt,
during the Ptolemaic period, fishermen, it is true, had to pay to the
Government a quarter of the value of their catch (τεττάρτη ἁλιέων),
but this seems to have been a regular tax. Later on we find fishermen
paying to the priests of Lake Moeris a φόρος (not to be confounded with
ἰχθυηρὰ δρυμῶν, or state tax) which presumably included the purchase
of the right to fish, as well as the hire of boats. But this was in
the nature of a royalty or rent, was a continuous obligation, and
proportioned to the catch, whereas in our second document the time is
limited, and the payment fixed, not proportioned.[916]
(B) The second contract demonstrates that the custom of additional
guarantors is no mere modern institution.
(C) It also tends to show that the system, previously known as employed
by Babylonian landlords, of letting their farms to tenants for a fixed
proportion of the crops, extended occasionally to their waters as well.
FOOTNOTES:
[912] A. Ungnad, _Hundert Ausgewählte Rechtsurkunden_, No. 56.
[913] Two contracts (in 5th year of Darius II.) contain provisions that
in case “of any fish being lifted,” i.e. stolen, the keeper has to pay
a fine of 10 shekels, and in second case to compensate owner. _Revue
d’Assyriologie_, vol. IV., pp. 182-183, by V. Scheil.
[914] _Orientalistiche Literaturzeitung_ (Berlin, 1914), p. 482. This
was published by Clay in _Publications of the Babylonian Section of
the University of Pennsylvania_, vol. II., Part I., No. 208. We find a
receipt in the XXth century B.C. for salt used for fish supplied by a
grocer, sealed by the official controller. Cf. M. Shorr, _Urkunden des
Altbabylonischen Civil und Processrechts_, No. 256.
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