Abstract

VAN WYK, Susandra. The phrase, "Should a claimant raise a claim, he will pay ..." In the division of an inheritance from Old Babylonia Tell Harmal. Fundamina (Pretoria) [online]. 2018, vol.24, n.1, pp.170-197. ISSN 2411-7870.  https://doi.org/10.17159/2411-7870/2018/v24n1a7.

I investigate the raison d'être of an irregular clause in two inheritance divisions from Old Babylonia Tell Harmal. The free rendering of the clause reads that if a family member to the division transgresses with a claim, a certain monetary reward -measured in units of silver - needs to be paid. Is the payment clause a precautionary measure ensuring adherence to the execution of the division's terms; similar to the payment clause in sales and adoptions? Or does the clause serve another function? I show that the choices of the involved family members within their family relationship, as deduced from the recorded ipsissima verba of each division, dictate the unique raison d'être of the payment clause in the division. I argue that within the framework of maintaining family relationships, the payment clause serves as a possible future division in securing compensation, compliance and protection for the involved family members' interests.

Keywords : Old Babylonia Tell Harmal; redemption; sanction; penalty; ancient inheritance; Old Babylonian contract; Mesopotamia.

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