Technical terms used
It is not clear whether Shamash-ellatsu was the adversary of Nishînishu, or the subject of her suit. But we clearly have here a “trial list” of seventeen cases. Whether they were all decided in one day, month, or year, or whether they were reserved for the royal audience, we have no means of telling. It is merely a list. The object in dispute, “two SAR of land,” is occasionally given; or the court is named “the temple of Shamash,” or “at the gate of Shamash.” The whole text is too fragmentary to be translated, but we may [pg 101] note that some lady or other is always a party to the suit. If we could find the tablets referring to the decisions intended and they should turn out to be of different years, this list might prove of value for chronology.
Their arrangement
Legal decisions relate to all manner of subjects and consequently are difficult to arrange. Dr. Meissner adopted the excellent plan of appending them to the groups concerned with the class of property dealt with under them. Thus a legal decision concerned with the sale of a house would be grouped with the house sales. But this does not suit all cases, and both in formula and subject the legal decisions are really distinct. Most legal decisions add nothing to our knowledge of the law, merely recording that “A sued B and lost the day and is now bound over not to renew the litigation.” A large number go only a little further, thus:[174]
Suit concerning inheritance
Ribatum, daughter of Salâ, was sued by the sons of Erib-Sin, Shumma-ilu and Mâr-erṣitim, concerning what Salâ, her father, and Mullubtim, her mother, had left her. They took judges who restored to her one-half GAN of land, her property. Shumma-ilu and Mâr-erṣitim, sons of Erib-Sin, shall not renounce this agreement nor dispute it. They swore by Shamash, Malkat, Marduk, and Samsu-iluna the king. Four judges appear as witnesses. Dated the 10th of Elul, in the second year of Samsu-iluna.
Here it is not stated what was the ground on which the parties disagreed, nor that they laid claim to more than one-half GAN of land. They lost the case. That is all we know in many other cases. Often we do not know the object in dispute. Other cases are quite full and often very instructive. Thus:[175]
Suit for paternal power over daughter
About the maid Adkallim, whom Aiatîa had left to her daughter Ḥulaltum. Ḥulaltum had taken care of her mother Aiatîa; while Sin-nâṣir, the husband of Aiatîa, who was in Buzu for twenty years, [pg 102] had left Aiatîa to her fate, loved her not. Now after Aiatîa was dead, Sin-nâṣir laid claim on whatever Aiatîa had, and on Ḥulaltum for the maid Adkallim. Isharlim, the rabiânu of Sippar, with the Kar-Sippar, assigned sentence; they laid the blame on him. He shall not renounce the agreement, nor dispute it. They swore by Shamash, Marduk, and Ḥammurabi the king. The judgment of Isharlim. Four witnesses. Dated in Elul, the 9th year of Ḥammurabi.
This was a bad case of desertion. The husband, Sin-nâṣir, deserted his wife for twenty years, but on her death came back and claimed her property. This he was not allowed to do, by the Code.[176] In his absence, Ḥulaltum had cared for Aiatîa, either as his real, or only adopted, daughter. In either case, Aiatîa had left Ḥulaltum a slave-girl, Adkallim, whom Sin-nâṣir now claimed. His claim was disallowed.