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CULTURE AND HISTORY OF FLIGHT AND FREEDOM

THE ANCIENT NEAR EAST IN THE ANCIENT NEAR EAS1


EDITED BY

BY
B. HALPERN, M. H. E. WEIPPERT
TH. PJ. VAN DEN HOUT, I. WINTER
DANIEL C. SNELL
VOLUME~

BRILL
LEIDEN . BOSTON' KOLN
2001
This book is printed on acid-free paper.

Library of Congress Cataloging-in-Publication Data


Snell, Daniel C.
Flight and freedom in the ancient Near East / by Daniel C. Snell.
p. cm.-(Culture and history of the ancient Near East, ISSN 1566-2055 ; v. 8)
Includes bibliographical references and index.
ISBN 9004120106 (alk. paper)
1. Liberty-History. 2. Human rights-Middle East-History. 3. Forced labor-
Middle East-History. 4. Government, Resistance to-Middle East-History. 5. Middle
East-History-To 622. I. Title. II. Series

]C599.M53 S65 2001


323.44'0939'4--dc21 00-066729 For James and Abigail
CIP

Die Deutsche Bibliothek - CIP-Einheitsaufnalune May the basic assumption be freedom.


Snell, Daniel C.:
Flight and freedom in the ancient Near East / by Daniel C. Snell. -
Leiden ; Boston; Koln : Brill, 2001
(Culture and history or the ancient Ncar East; Vol. 8)
ISBN 90-04-120I0-6

)e
50,'
. ti:;35C?s ISSN 1566-2055
ISBN 900412010 6
~o,
©Copyright 2001 by Koninklijke BrillNV, Leiden, The Netherlands

All rights reserved. No part qf thispublication may bereproduced, translated, stored


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PRINTED IN THE NETHERLANDS


CONTENTS

Contents vii
Acknowledgments ix
Introduction 1
Chapter 1 The History ofFreedom and Getting Away 11
Words for Freedom in the Ancient Near East.. 19
A. Edicts 21
B. Privileges 24
C. Manumissions 26
D. Rowdily Behaving Groups 27
Chapter 2 The Reality ofFlight... 31
1. The Nature ofArchival Texts 33
2. Comparative Absenteeism 37
3. Runaway Slaves in Classical Times 38
4. Runaway Slaves in the Americas .40
5. Early Mesopotamian Escape .46
6. Ur III Escape 48
7. OidBabylonianEscape 55
8. Middle Babylonian Escape .58
9. Neo-BabylonianEscape 60
Chapter 3 The Ideology ofFlight and Freedom 63
1. Edicts 63
2. Legal Collections 74
3. Treaties 86
Chapter 4 Flight in Literature and Story 99
1.Non-Narrative Texts 99
2. Flight Narratives 104
3. Conclusions 115
Chapter 5 Fr eedom in Israel... 117
1.Terminology 122
2. Practice in Narratives 126
3. Legal Collections 129
Chapter 6 Freedom Beyond Mesopotamians and Greeks 137
1. Are Traditions a Unity? 138
2. Descent Among Jews 140
viii CONTENTS

3.DescentAmong Greeks and Christians 144


4. Descent Among Muslims 146
5. TowardADefinition 148
'6. WhatIsthe West? 152
7. Freedom and the Non-West... 154
ACKNOWLEDGMENTS
Appendix I Selected Archival Texts on Escape 157
Appendix II Transliterations of Selected Legal, Treaty,
This study grew out of my work on Life in the Ancient Near East, a
and Canonical Texts on Freedom and Escape 171
social and economic history, and the institutions that supported me in
Bibliography 179
that endeavor must be thanked also in this one, particularly the
Index 193
University of Oklahoma in its Senior Faculty Summer Fellowship
AncientNear Eastern Texts Cited 199
program, now discontinued, and its sabbatical leave program. A
Biblical Texts Cited 200
National Endowment for the Humanities Summer Seminar in 1993
under Prof. Philip Curtin at Johns Hopkins University stimulated my
thinking on this topic, and to Prof. Curtin and my colleagues in the
seminar lowe a debt ofgratitude for bibliography and encouragement.
In particular Rosemary Brana-Shute ofthe College ofCharleston was
helpful in asking invigorating questions.
List of Tables
The Oregon Humanities Center at the University of Oregon in
Eugene awarded me a summer fellowship in the summer of 1996
Ur III Months ofEscape 53
which proved extremely helpful in my delving into bibliography and
Ur III Gender ofEscapees 53
in beginning to write. The Institute for Advanced Studies in the
Laws on Runaways 85
Humanities at the University ofEdinburgh offered me a non-stipendi-
Treatment ofFugitives in Hittite Diplomatic Texts 93
ary fellowship for part of the summer of 1997 which allowed me to
complete the preliminary draft. The staff of Otterbein College was
very helpful to me in the final stages ofthe work. Professors Benjamin
Foster, David Geggus, Alan Kimball, Mario Liverani, Richard Lowitt,
Helga Madland, Paul Minnis, Robert Nye, and Jamil Ragep gave me
helpful references and technical advice. My graduate student Lance
Allred read the manuscript and gave me several valuable suggestions.
We cannot blame him for errors, though, can we?
My family has been supportive of my work and my wanderings,
preferring when possible to come along, and the adventures they have
had are their own reward. In particular Dr. Katie Barwick-Snell
slogged through all this with me. But because of the implications of
the study for the future that they will inherit, I dedicate the work to my
children, James and Abigail, and to the children of the world.
-DCS
Was mag der Staat auch bei den Assyrem, Babyloniem, Persem usw.
Alles getan haben, urn das Aufkommen des Individuellen zu verhind-
em, welches damals fur soviel als das Bose gegolten haben wird? Der
hochsten Wahrscheinlichkeit nach hat es an allen Enden, bald da, bald
dort, emporkommen wollen und ist den burgerlichen und religiosen
Schranken, Kasteneinrichtungen usw. erlegen, ohne eine Spur
hinterlassen zu konnen.

--Jacob Burckhardt, Weltgeschichtliche Betrachtungen. New


York: Amo, 1979,65.

What could the state have done also among the Assyrians, Babylo-
nians, Persians, and so forth, to hinder the individual's rise, which
then counted for the same thing as evil? In all likelihood after all the
individual wished to arise, now here, now there, but was killed by civil
and religious barriers, caste regulations and so forth, without being
able to leave a trace behind.
INTRODUCTION

The symbol ofthe city ofAleppo, the ancient northern cultural center
in Syria, is the Citadel, a medieval fort with a fancy moated entrance.
On the top ofthat entrance the government in the 1980s displayed in
neon lights the governing party's motto-unity, socialism, and
freedom.
In Syria the meanings ofthese terms have evolved somewhat over
time, but everyone would agree that in the popular mind the least
clearly defined ofthe three is freedom. Since Syria was in the past a
Soviet client, freedom has not always included economic freedom as
it is understood in the United States and Western Europe, though
recently that has increasingly become an aspect of it. Freedom
probably does imply for Syrians freedom from want and freedom
from unwarranted official interference-though practice has not
always measured up to ideals, in Syria as elsewhere.
The Citadel at night was illuminated, and it was quite a sight with
its neon motto. One can imagine a more historically accurate way of
highlighting the structure, but the government had its reasons, and
freedom had its sway.
Forme this sight underlines the problem offreedom in the modem
world. The appeal of freedom obviously extends beyond those
countries which regard themselves now as part of the West, those
countries that have devised their political traditions from a century
and more of liberalism, which one might define as the devotion to
freedom.
The study ofthe history of freedom has become identified with a
certain political stance in Western politics, one that celebrates
Western understandings of freedom and condemns, for example,
Communist understandings that might be closer to that ofthe Syrian
government's. Students of the history of freedom have tended to
search for the roots of Western freedom in the ancient history of
2 INTRODUCTION INTRODUCTION 3

GreeceandRome andhave arguedthat Greecegavebirth to a unique detailsofBernal's claims aboutthe authenticity ofthe ancientGreek
set ofattitudes that led to and, to a great extent,were identicalto our understanding of the culturalborrowings?
own.Thispedigree, however, cannotexplainthephenomenaof1989, MaterialfromancientMesopotamia, ancientsouthernIraq, allows
in which not only the CommunistEast European world fell apart in one to suggestsomethingmore radical, that the Greek understanding
a devotionto a more recognizably Western-styled freedom, but also of freedom was not a unique and miraculous phenomenon, but one
China and Burma, culturesmore lightlytouchedby Western values, that can be paralleledelsewhere. I am not preparedto survey every
saw movementsarisethat affirmeda populardedicationto freedom.' known cultureand languagegroup,nor do I think that such an effort
Is this phenomenonto be explained by the diffusion of Western would be helpful. Rather I wish to pursue a test case in some detail
values in centuries of contact? Or is it to be understood as the because a great deal is known about Mesopotamia.
welling up of autochthonous notions about human freedom? The material we have from Mesopotamia that bears on the
Naturally the answers to these questions in the cases of China and problem is of two sorts. On the one hand is an abundantrecord of
Burma must be given by specialists in the modern history of those state-sponsored labor,perhapsusuallya tax on laborthat we identify
areas. And those answersmay not comefor many years,until,as one with the corvee, the obligation to work several days a month on
hopes, eventually archives are opened and scholarship on sensitive government-organized projects.' In that record flight from work is
questions can be pursued. In the meantime I believe an important recorded, and this appears to indicate that the state system was not
parallel question is posed in ancient history, which, luckily, we are able to retain all the laborers it wanted to control. Inadvertently the
quite free to investigate without modernpolitical interference. governmental scribes recorded their own failure, but they also
If freedom in the Western sense arose only once, in Classical showed that some illiterate individuals, calledupon to participate in
Greece, it would be part ofthe so-called Greek miracle, which some the state-labor system, resistedat least by running away.
scholars see as the unprecedented development of art, philosophy, Modernhistorians nowadaysseek to givevoice to the previously
drama, and poetry leading more or less directly to us. Martin voicelessas they try to uncoverwomen's history and the historiesof
Bernal's work seeking the background to these developments in minority groups in America and elsewhere. The flight of
Egypt and WesternAsia does not call into questionthe existence of Mesopotamian workersproves to be a fruitful topic of investigation
the miracle; it merelychangesthe acceptedpedigree, and Classicists that edges us toward an understanding of a devotion to freedom
seem open to this adjustment, even though they mostly reject the among the illiterate and oppressed.
The best evidence comes from the Dr III period (2112 to 2004
RC.E.), but there is important information from other periods too.

2 Martin Bernal, Black Athena, 1, (New Brunswick: Rutgers University Press,


! As an example of Greek-centeredness in such studies, see Susan Ford Wiltshire, 1987), and the symposium in Arethusa 1989. I have benefitted from discussions on
Greece and Rome and the Bill of Rights, (Norman: University of Oklahoma Press, Bernal's attitudes with my colleague Prof. Jamil Ragep. Mario Liverani, "The Bathwater
1992),9, who writes, "The earliest origins ofthe Bill of Rights lie in Classical Athens, and the Baby," in Black Athena Revisited, edited by Mary R. Lefkowitz and Guy M.
for it was the ancient Greeks who invented the revolutionary idea that human beings are Rogers, 421-427, (Chapel Hill: University of North Carolina Press, 1996), points out
capable of governing themselves through laws of their own making." She does not also that for Bernal the Greek Miracle is not incompatible with Ex Oriente Lux, both of
examine the Ancient Near East at all. which are Eurocentric.
By focusing on Syria I do not mean to imply that Turkey or Saudi Arabia, or the 3 It is ofinterest that English now uses a French word for this, from Latin corrogiire
United States, always manage to adhere to international standards in fostering freedom. "to requisition"; see Oxford English Dictionary C: 1028.
4 INTRODUCTION INTRODUCTION 5

One aspect of these texts must be stressed at the outset: they were of its hypotenuse. Mesopotamian scribesknew that fact in the Old
composedby bureaucrats forbureaucrats. Theyhave no propaganda Babylonianperiod, amillennium beforePythagoras. Buttheydidnot
value and are preserved only to make sure that the rations for the state it as I have just done, as a general rule. Instead they demon-
absent workers were properly allocated, or not allocated. The goal strated through numerous examples of individual instances how it
was inventory control, not condemnation or restoration of escapees, worked. This habit of mind may seem alien, but it leads directlyto
though both of these matters were probably on the minds of the thescience ofmakinglistsofphenomena sotypicalofMesopotamian
scribes. thinking and akin to our desire for encyclopedias of each area of
The second sort of Mesopotamian material is that deriving from endeavor. The listsof omenswereprobablythemostpopularamong
kings' propaganda machines and foundusuallyin the form ofroyal Mesopotamian scribes themselves, but thelaw"codes"andthelexical
inscriptions. These obviously were composed with a view to texts too must be understood as lists of examples from which the
influencing publicopinion, thoughit remainsa questionhow widely students mightdrawconclusions. It maybethatin theMesopotamian
theyreallywerediffused, andwhowouldhaveheardthem read,or if oral tradition therewas a customof generalization in order to make
anyone did. Perhaps in some periods they constituted merely a short-cuts for the students, but it may also be that the lists were
touchstone of the party line with which government supporters thought of as courses in various aspects of knowledge, andthe strong
would be expected to be familiar. And yet as suchthey are valuable students would not expect any handy, and necessarily superficial,
windows onto the intellectual landscape of some of the Mesopota- generalization."
mian elite. Like the Greeks, our own tendency is to attempt to verbalize
These royal inscriptions speak of freedom as something estab- regularities. BrunoSnell in a famous example arguedthatthe power
lishedby kings for the general benefitoftheir subjects. As we shall ofGreekthought derived to a largeextent from their abilityto put a
see, what exactly this means is a vexed question that is not easily definite article in front of anything, and thus to have a noun about
answered. But at very least we can see that some Mesopotamians which they couldgeneralize, for example 'to wv ''the (phenomenon
were concerned with words that can be translated as freedom. of) being."? We may now doubt if grammar alone defines such a
We have then information from two sortsoftexts and not always cultural style, but we are the heirs of Herodotus, who sought to
from the same periods of Mesopotamian cultural life. There was generalize abouteverything thathe saw. Aswe attempttounderstand
writingin Mesopotamia as earlyas 3100RC.E., and the last datable Mesopotamian sources, we must also forego the desire for essays
text comes from 74 of our era. Over this vast time conditions and
attitudes changed, and ideas about freedom were probably not
everywhere uniform. Such stability is unlikely fromwhat we know 4 Discussions in the summer of 1996 with Prof. Robert Nye of Oregon State
ofhow societies change. University were helpful in clarifying the interest in this matter for my study. Compare
One aspectof Mesopotamian culture thatoughtto be emphasized Wolfram Von Soden, Leistung und Grenze sumerischer und babylonischer
at the outsetandthatwillmakeourtaskmoredifficult and the results Wissenschaft, (Darmstadt: Wissenschaftliche Buchgesellschaft, 1965), and his The
Ancient Orient, (Grand Rapids, Michigan: Eerdmans, 1994), 145-148.
more ambiguous thanwe mightlike is that Mesopotamians disliked 5 Bruno Snell, The Discovery ofthe Mind, (New York: Harper and Row, 1960),
generalizing. Whythisshouldbe isnotknown, but thecontrast to the 227-230. Compare G.E.R. Lloyd, The Revolutions of Wisdom. Studies in the Claims
Greeks is obvious. The great example of the Mesopotamians' not and Practice ofAncient Greek Science, (Berkeley, Los Angeles, London: University of
generalizing is their mastery of the so-called Pythagorean theorem, California Press, 1987),58, admitting Snell must be treated with reserve but asserting
a rise of egotism among Greeks, and "a certain gulf," presumably in intellectual style,
thatthe squareof the sidesof arighttriangle is the sameas the square between Athens on the one hand and Babylonia and Egypt on the other, 102.
6 INTRODUCTION INTRODUCTION 7

frompersonal experience suchasHerodotus'fellows sometimes gave In Mesopotamia too it is possible thattherewas a literature ofdissent
us. Theproblems with suchGreektextsareas acuteas thosewith the thatsomescribes produced on perishable materials. But in Israelthis
Mesopotamian texts,but different, sincein the Greekmodewe have literature became something treasured in dissident groups, and
lots ofgeneralizations but no easyway to check their veracity. And becauseofthe fallof theIsraelite polities, thosegroupswerethe only
intheMesopotamian we havelotsofdatabut no easyway to seehow ones who survived antiquity. Theirwrittentraditions come downto
they may have been interpreted by the culture, or even by its literate usbecausetheywerecopiedontootherperishable material whenthey
members. began to fall apart," This means that the Hebrew Bible approach to
Even within the Western tradition, of course, there may be problemsof runaways is likely to be moresympathetic andnuanced
traditions that approach the Mesopotamian morethanthe contempo- than the Mesopotamian sources.
rary American does in its approach to generalization. I remember These differences in approach between the Hebrew Bible and
being told while studying Russian that one should expect that the Mesopotamian texts ought not to force us to take sides and declare
mode of argument would be that Sovietthinkers would tend to pile the superiority of the Biblein humaneness or some other aspectthat
up many relevant examples and only at the end of an essay would we might admire now. Inevitably we are goingto feel morekinship
they state the conclusion to which they had been arguing all along. for the Hebrew Bible viewjust because it has been part of our own
Tothe American thatapproach seemedlikestacking thedeckwithout culture. But rather we must seek to evaluate evidence from each
explaining whereone was going. We are frequently too farremoved cultureon itsownmerits, realizing in Israelthattheremusthavebeen
from Mesopotamian issuesto see wherethe argument was going, if a relatively cogentroyalorrulingclassviewaswell as otherdissident
it was going in one direction. And yet the Mesopotamians were views that did not make it into the written tradition that has come
sometimes lavishwiththeirindividual instances, andwe generalizers downto us. Wemustrealize too thatMesopotamia may haveknown
will want to spin a tale from them as we can. variousdissident traditions, mostprobably usuallyoral,whichwould
In the courseofthis studywewillalsobe usingtheHebrewBible, have had a verydifferent takeon the matters we will discuss thanthe
the Christian OldTestament, andthoughit is morefamiliar to us than royallysponsored texts. Neitherculturewas monolithic, and taking
Mesopotamian texts, we oughtto bear in mind one aspectof it that them together may give us a richness of understanding of the
will be especially important for our understanding of escaping phenomena which otherwise would be unavailable; still, it is
laborers and attitudes toward freedom. The Mesopotamian texts important not to assume that we can read in Israel's record exactly
come for the most part fromroyaloffices and reflectthe ideasofthe what lower-class Mesopotamians thought or that we can read in
rulers and the ruling classes. Rarely do we hear of rebellion or Mesopotamia's the exactideasofIsrael's rulers.
disruption that would reflect ill on those classes. The exception is My epigraph from Burckhardt raises questions that ought to
runningawaysincetherewereeconomic implications to the absence remain open,but Burckhardt, for all his subtlety, assumed a mono-
of workers, and responsibility had to be allotted, not for letting the lithic Oriental despotism we can no longerclaimto find in the texts.
workersescapebut for the foodtheywouldhaveconsumedhad they He assumed that persons more or less like the nineteenth-century
been on the job as they should have been. The Bible, in contrast, individuals he knew were occasionally attempting to assert them-
comes mostly from peoplewho did not work for kings but still had
accessto literacy. To an extent this difference may derive from the
fact that the Bible was writtenon ephemeral things, mostly parch- 6 On the entire process see Morton Smith, Palestinian Parties and Politics That
ment, and not on long-lasting claytablets or otherpermanent media. Shaped the Old Testament, (New York: Columbia, 197I).
8 INTRODUCTION INTRODUCTION 9

selves against states that resembled those he knew. Now we are My purpose in ferreting out evidence about attitudes toward freedom
inclined to keep open the definitions of both of these concepts, the is not to write a political history of a key term or to abstract an
individual and the state. In studying ideas about freedom we may be essence of Mesopotamian or Israelite attitudes. Rather I seek to
directly addressing that relationship between the individual and the fulfill three goals:
state or community and seeing how the individual did sometimes First, to see exactly how eluding authority worked on the ground,
assert herselfand how the state sometimes asserted itselfand made its including who was involved and what the bureaucratic response to it
representatives act according to policy. We may not succeed at a was;
redefinition of either individual or state, but perhaps we will alert Second, to see what the elite understandings of freedom and
others to the problems of definitions in the ancient and the modem escape were;
worlds. There is no question but that Greek-centered historians are And third, to see how the escapee experience might have affected
still happy to endorse Burckhardt's idea, that the states arising in the the elite understanding, especially in the first millennium RCE.
Ancient Near East sought to suppress the freedom ofthe individual. In the first chapter we will survey earlier views of the history of
But is this view tenable? We shall see. freedom and then turn to the vocabulary offreedom in the languages
Much of what we discuss here is well known to students of the of the Ancient Near East. In the second chapter we will explore
Ancient Near East, although they have not tried to tease out the flight in Mesopotamia, highlighting suggestive texts. Then in the
implications ofit for the history of freedom. Still, I belie~e that they third chapter we will study the ideology offreedom among elites, and
will see avenues for further research opened up by the questions I we will try in the fourth chapter to examine flight in literature and
pose, and they may see their work in a different light as a result of narrative. The fifth chaptertums to Israel's interesting and sometimes
this study. I have heard it said that some ofus choose these byways abnormal approach to the question offreedom. In the final chapter we
of scholarship because we do not want to confront issues that might shall return to the legacy of freedom in Western culture and the
be relevant to current policies, and certainly there is much important possibility that the kernels of freedom are very widespread.
work to be done that has less obvious modem implications. It These goals may be difficult to achieve, and even if we achieve
appears, for example, that in some periods ofMesopotamian history them, some may ask why we bothered. Those comfortable with the
only a bit more than 50% of the texts that probably were produced story of the Greek miracle would prefer not to know that it may be
have been found and studied.' And there probably are more texts in questioned. And those who doubt it may have easier fields to plough
the Mesopotamian languages that no one has read since they were in other disciplines. But I believe the questions we raise here are
written than for any other literature except Arabic. Much basic work central to how the West behaves in the modem world and the
remains to be done, but we cannot imagine, in a time ofcontraction assumptions we Westerners bring to it. Are we the bearers of a
of support for pure scholarship in the Humanities and even in the uniquely humane culture that has much to teach the other cultures?
Sciences, that an informed public will continue to support our work Certainly in technology we have much to teach. But other great
unless we step forward from time to time to put it in a broad and traditions question our monopoly on virtue, and I want to argue here
accessible context. that they are probably justified in so doing when it comes to the
understanding of freedom.

7 SeeD. Snell, Ledgers andPrices, (NewHaven:YaleUniversity Press, 1982),103-


108.
CHAPTER ONE

THE mSTORY OF FREEDOM AND GETTING AWAY

The interest in the history offreedom can be traced to Lord Acton's


1877 lecture "Freedom in Antiquity" in which he argued that a
major legacy from the ancient world was the concern for liberty. He
defined liberty as "the assurance that every man shall be protected
in doing what he believes his duty against the influence ofauthority
and majorities, custom and opinion." Acton seems to have assumed
that before the rise ofthe state personal freedom had existed, but for
him Solon's reforms in ancient Athens began the history of
freedom, by giving the poor the power to elect magistrates, though
those august persons were chosen only from the classes above them.
In this vein Acton saw the Jews as enjoying freedom until their exile
to Babylon in 586 B.C.E. He was careful to note that the first
evidence of religious toleration comes from Asoka, the Buddhist
ruler ofwhat we would now call India. And Acton did not find in
ancient Greece some elements he prized in his own freedom,
including "representative government, the emancipation of slaves,
and liberty of conscience."!
Clearly Acton admired his own tradition, but he did not make
exclusive claims for it. And he was obviously open to the possibility
that parallel concerns arose elsewhere and might inform non-

! John Emerich Edward Dalberg-Acton, The History ofFreedom and Other Essays,
edited by John N. Figgis and Reginald V. Lawrence, (London: Macmillan, 1922),3,
4,6,25-26. On Asoka see Romila Thapar, A History ofIndia, I, (Baltimore: Penguin,
1966),73,86-87 (there spelled Ashoka), who reigned 268-231 B.C.E. See Roland Hill,
Lord Acton, (New Haven and London: Yale, 2000). Acton was reflecting the Hegelian
interest in the growth offreedom; for Hegel freedom was only attained in the Protestant
Reformation, so naturally what predated 1517 would be of little interest. See Amo
Baruzzi, Die Zukunft der Freiheit, (Darmstadt: Wissenschaftliche Buchgesellschaft,
1993),70-71,208-217.
12 CHAPTER ONE FREEDOM AND GETIING AWAY 13

Western political traditions. Lord Acton was far from chauvinistic that women would be enslaved as their husbands lost battles led
about liberty, which came to be a key aspect of his thought. elites to accept the striving for freedom as a basic goal.'
Subsequent students ofthe history of freedom have not been so Patterson argues that "A value emerges, is socially constructed,
broad-minded. Herbert J. Muller in 1964, for example, argued that only when a critical mass ofpersons, or a powerful minority, shares
Acton's idea that a major theme of human history had been the it and, by persistently behaving in accordance with it, makes it
growth of freedom was wrong since "none of the great Eastern normative." Though he admits that various aspects of freedom did
societies were basically free societies." He knew ofthe reform texts appear in non-Western contexts, he denies that freedom ever
from Mesopotamia and of the edicts of kings, but he rejected the became a value in that sense until Classical Greece."
idea that they had any results, and he also rejected the idea that Patterson suggests that in Greece freedom as a value had three
Israelite prophets were interested in freedom. He found Pericles' aspects, which he calls personal, sovereignal, and civic. By personal
funeral oration the first statement on freedom's value, from 431 freedom he means the absence of coercion by governments or
RC.E., and Euripides was the first to condemn slavery. His thesis groups. By sovereignal freedom he means the power to act as one
can be summarized in the title ofhis Chapter Six, "The Uniqueness pleases, without regard to what others want. Civic freedom for him
of Greece." Muller did not attempt to explain the origins of the is the ability of adults to participate in community life and gover-
concern for freedom beyond a vague allusion to Cretan art as nance. And he argues that in the history ofthe West these freedoms
displaying a spirit of freedom.' have appeared in various combinations, in various chords, as he puts
Orlando Patterson in his recent book has developed an elaborate it, sometimes with one aspect emphasized and sometimes another.
and in many ways convincing argument about the centrality of But Patterson is sure that in the West freedom as he understands it
freedom in Western thought. His argument is' that freedom as a has shown enormous continuities, so that all of these aspects are
social value emerged only in Classical Greece when the probability found in each age since the Greeks.'
Not everyone has agreed with his definition of freedom; Doug
Bandow, reviewing the book, objected that "political equality and
state imperialism" should not have been lumped together with
personal freedom. Also it is of interest that Martin Ostwald, in his
extremely useful essay closely argued from specific texts, assumes
2 Herbert J. Muller, Freedom in the Ancient World, (New York: Bantam, 1964), xii,
the uniqueness ofthe Greeks but emphasizes what Patterson would
37,41,139-140,191,205,155,88. For slavery in Euripides, stopping well short of
abolitionism, see Heinrich Kuch, Kriegsgefangenschaft und Sklaverei bei Euripides,
(Berlin: Akademie, 1974), 70-77. Note that Karl Morrison sees Euripides' special
interest in women as the source ofmost ofOrlando Patterson's evidence for freedom as 3 Freedom 1. Freedom in the Making ofWestern Culture, (New York: Basic, 1991).
a value; see his review ofPatterson, Freedom I, American Historical Review 97 (I 992): Compare also his summarizing article "Slavery, Alienation, and the Female Discovery
5 I 2-5 14, 513. Compare Max Pohlenz, Freedom in Greek Life and Thought. History of of Personal Freedom," Social Research 58 (1991): 159-187, and his earlier statement
an Ideal, (Dordrecht, Holland: D. Reidel, 1966), tracing the rise of interest in freedom in Slavery and Social Death. A Comparative Study, (Cambridge: Harvard, 1982),27:
to the success in the Persian Wars, 14. A brief consideration which at least includes the "In almost all non-Western slaveholding societies there was no such status in law as a
Israelite material along with Sumerian "primitive democracy" is Donald W. Treadgold, 'free' persons. Indeed there was no word for freedom in most non-Western languages
Freedom, a History, (New York: New York University Press, 1990), I I-33, reference before contact with Western peoples." But he does not explain why a similar
courtesy of Alan Kimball. circumstance did not lead to the creation ofthe same value elsewhere.
Richard H. King suggests that after World War II the left in the United States
4 Freedom, 41.
allowed the right to hijack the idea of freedom; see his review of Patterson, Freedom 1.,
History and Theory 31 (1992): 326-335. 5 Ibid., 3-4, xii.
14 CHAPTER ONE FREEDOM AND GETTING AWAY 15

call civic freedom as unique: "The Greek contribution to notions of was a slave society that could not conceive of abolishing slavery,
freedom is unique in that it is the first to extend this notion from and so the value ofliberty could not be generalized in the way we
individuals to the community that is the state," by valuing not being tend to do.?
ruled by a despot and not being under foreign domination. Ostwald Patterson may be trying to accomplish an impossible thing, to
has a valid point here, and talk ofthe freedom ofthe state becomes prove that non-Western societies did not hold a value. The mere
an essential element of our modem concepts. And yet the idea of lack of existence of specific vocabulary does not seem sufficient to
city-based privileges, which clearly leads to the freedom ofthe state, establish that a quality was not valued. Values will be reflected only
is not alien to the Ancient Near East, as we shall see. That is, state in writing, which until quite recently was always an elite activity.
freedom may not really have been an innovation among the Greeks. And so groups might hold values strongly and yet not necessarily
Ostwald asserts that the cherishing of personal or individual have those values inscribed in direct ways accessible to us modems.
freedom is a universal; I believe that he is exactly right about that." But even if the difficulty of asserting that one knows the socially
But Patterson would not agree that the valuing of personal important values of any ancient group is admitted, one cannot help
freedom is widespread. Patterson's learning is broad, and his admiring Patterson's breadth. Is Patterson right, though, that
command of a vast literature is impressive; his insights into how freedom is never a value outside the West? Patterson addresses the
freedom was perceived in the West in ages later than the Classical question in his first section "The Stillbirth of Freedom in the Non-
8
Greek are frequently profound. And yet one must question whether Western World" and occasionally through the book.
he has set up his argument in a reasonable way and also whether the He admits that slaves everywhere always wanted to escape, but
uniqueness he claims for the West is justified. denies that this in itself defines a cultural value. For that, "there
must be present the consent ofthe community." Patterson does not
The quest for a value is inherently a tricky thing. It may not even mean that slave-holding communities, as all Western communities
show up in vocabulary; that is, there may not immediately be any were until fairly recently, consented to their slaves' escape, but
particular term for the quality valued, and yet over time one may rather, apparently, that some people within the elite had to be able
find speakers of a language focusing on aspects of it. Clearly in to imagine becoming slaves and wanting to escape. It is of course
Classical Greece Patterson has identified a concept that has a hard to prove that this did not happen elsewhere, and Patterson does
specific term associated with it. And our understanding of Greek not attempt to do SO.9
values does place liberty high, although, as Patterson shows, Greece Sovereignal freedom, the ability to lord over others, did emerge
as a value outside the West, Patterson says, though he argues that it
did not become an important value. He also admits that civic
freedom in the sense of community participation was widespread,
6 Doug Bandow, review in The Freeman 42:9 (1992): 367-368. M. Ostwald,
"Freedom and the Greeks," in The Origins ofModern Freedom in the West, edited by
Richard W. Davis, 35-63, (Stanford: Stanford University Press, 1995); the quotation is
from 35. On the origins of Greek freedom see the wise view of J. B. Bury, A History
ofFreedom of Thought, (London: Butterworth, 1913),22: "We do not know enough 7 The Greek word is eleuther ; but compare Socrates' use of enkrateia, pointed out
about the earliest history ofthe Greeks to explain how it was that they attained their free by Virginia Guazzoni Foa, La Elberta nel Mondo Greco 2, (Genova: Istituto di
outlook upon the world and came to possess the will and courage to set no bounds to the Filologia, 1974), 14.
range of their criticism and curiosity." Note also that Bury, 23, recognized that "the
8 Patterson, Freedom, 7-44.
Greeks does not mean all the Greeks, but only those who count most in the history of
civilization, especially the Ioniansand Athenians." 9 Ibid., 16.
16 CHAPTER ONE FREEDOM AND GETTING AWAY 17

but not socially important. 10 He concentrates on anthropologically kingship, not something Akhnaton was inventing. An argument can
studied modem cultures which he takes as representative of non- be made that kingship, the exercise of sovereignal freedom, was a
Western societies, the Tupinamba of Brazil, the Imbangala of kind of explicit cultural value itself, one of the great gifts that the
Angola, and the Toradja ofthe Central Celebes in the Pacific. In all gods gave to humans at the beginning oftime. From an early period
places he finds that slaves want freedom but that elites are not kingship appears to have included the power to dominate others.
interested in it, and it did not become a cultural value. Interestingly Critiques ofkings show that the bounds kings set for their acts were
he does not note that the two latter examples, which represent more not always accepted by all their subjects."
complex societies, were both influenced by Islam, as is clear from Civic freedom too can be acknowledged to exist as a value in
terms he quotes (the Celebes term for manners is ada, from Arabic, very early times in Mesopotamia, and Patterson knows Thorkild
and a freedman is called mavala in Angola, clearly the culturally Jacobsen's argument that there was "primitive democracy" in early
loaded Arabic mawla, "client, freed slave." One can see that some Mesopotamia. Jacobsen was basing himselfon the behavior ofgods
of the ostensibly pristine cultures he adduces are not pristine. II in later literary texts and extrapolating from the assembly of the
gods to assemblies ofmen; this basis for argument seems slight, and
Patterson glances briefly at the Ancient Near East and asserts that yet intuitively it makes sense that in simpler societies communities
Israel's history of escape from bondage in Egypt "has no special were governed more democratically than in laterperiods in Mesopo-
part in the history ofindividual freedom," though he does invoke it tamia. In recent study it appears that the documentable trend was
again at the end ofhis book. He knows that there was manumission actually the reverse. As empires grew bigger in the first millennium
and that slaves ran away, and so there was a desire for personal RC.E., city assemblies were able to gain more rights from the
freedom, but he denies that this became "a value ofany importance" distant and busy king. Patterson argues, however, that this sort of
in society." freedom as a value disappeared because ofthe efforts ofcentralizing
One may view the present work as a response to Patterson's kings early in Mesopotamian history. 14
negative findings, and I want here briefly to examine Patterson's
assertions about two aspects ofhis chord offreedom. On sovereig-
nal freedom Patterson finds the Egyptian heretic-pharaoh Akhnaton
an important figure because he rejected traditional religion while
13 Ibid., 38-41; compare Eugene Cruz-Uribe, reviewing Patterson's earlier Slavery
asserting his own right to rule, and yet Patterson sees that kings
and Social Death, Journal of Near Eastern Studies 45:4 (1988): 308-311, from an
always wanted to rule, perhaps not abandoning norms in the way Egyptological point of view, concluding, 311, "...Patterson did not have a sufficient
that Akhnaton wished to do. The assertion of sovereignal freedom grasp of Egyptian cultural matters to accurately relate them to his proposed scheme."
to do in some spheres as one wishes seems to be intrinsic to Also compare on the theory that there was only ever one real king, which contradicted
attested synchronisms, W.W. Hallo, "Royal Hymns and Mesopotamian Unity," Journal
ofCuneiform Studies 17 (1963): 112-118. For some critiques of kings see D. Snell,
"Intellectual Freedom in the Ancient Near East?" Intellectual Life ofthe Ancient Near
10 Ibid., 25. East=Compte rendu de laXLIIIRencontre assyriologique internationale, edited by Jifi
Prosecky, (Prague: Oriental Institute, 1998),359-363.
II Ibid., 13-19,23-33. For ada see 30, for mavala, 26; compare 'ada "habit, wont,
14 Patterson, Freedom, 36. And compare T. Jacobsen, "Primitive Democracy in
custom, usage, practice," Hans Wehr, A Dictionary of Modern Written Arabic Ancient Mesopotamia," Journal ofNear Eastern Studies 2 (1943): 159-172, and "Early
(~iesbaden: Harrassowitz, 1971), 654, and maulan "master, lord, protector, patron: Political Development in Mesopotamia," Zeitschriftfur Assyriologie 52 (1957): 91-170.
chent, charge, friend, companion, associate," 1101.
On the growth of city privileges see Marc van de Mieroop, The Ancient Mesopotamian
12 Patterson, Freedom 1,33,405; the quote is from 34-35 with his emphasis. City, (Oxford: Clarendon, 1997), 133-139.
18 CHAPTER ONE FREEDOM AND GETTING AWAY 19

One may, however, doubt that assertion. Patterson asks us to Also in the Bible 1 Samuel8's concerns, where Samuel described
take kings' statements about their vast powers at face value but the oppressive nature ofthe proposed Israelite king, may come from
Ancient Near Eastern scholars have never done that. We know kings the time around the close of the sixth century, meaning that Greek
needed to make propaganda to assert their power and to appear to ideas were similar to Ancient Near Eastern ones in the wake of the
lord it over other institutions. They did have control over many retreat of the Assyrian empire. Loyalty to cities endured much
aspects of temples at an early period, but control of the the city longer than any Mesopotamian state, even though the individual
assembly may have eluded them. Kings did not discuss this lack of cities did not all last through all ofMesopotamian history. And the
power because it did not redound to their glory, but the persistent, argument has been made for Israel at least that the community of
or perhaps just recurring, power ofthe assemblies shows that kings elders competent to decide legal questions outlasted the monarchy
did have to deal with them. IS and went on to provide leadership even in the rabbinic period and,
About assemblies in smaller communities we know less. It is not in a sense, down to our own day."
clear that the rural community is attested in politically interesting In short it appears that desire to dominate others and the desire
ways in later periods; certainly it did not loom very large in the eyes to participate in meaningful ways in community life are widespread
ofthe bureaucrats who had most access to writing. 16 and may nearly be cultural universals. Patterson almost admits that
. We ~ave only sketchy ideas on how communities were governed is so in the first instance. So we are left with his assertion that
In practice, Self-governance may have been debated in the proto- devotion to personal freedom is a unique value in the West, and the
democracies of Greece about the same time as in the Ancient Near rest ofthis work will be devoted to exploring this sort offreedom in
East; one might take Herodotus' report on the Median discussion as Ancient Near Eastern contexts.
more reflective of eastern conditions than his Persian discussion
involving Darius. The Median story tells of a Median judge who
o~ered himself as a leader to counter surrounding chaos; realizing WORDS FOR FREEDOM IN THE ANCIENT NEAR EAST
his power, he went on strike as a judge, and his fellows made him
king. The Persian story supposedly occurred after Cambyses's death An initial approach to the question of where :freedom was valued
as Persian notables examined whether to have a king at all. Darius can be made by looking at the relevant lexicons, though the
argued that the best monarchy was better than the best oligarchy or existence ofwords themselves does not go far toward establishing
the best democracy. 17 . that :freedomwas a cultural value. It is interesting, though, that both
early and late, and clearly before the eventual Greek interaction with
the Ancient Near Eastern region, there were words for concepts
15 Hayim Tadmor, "Monarchy and the Elite in Assyria and Babylonia: The Question which we usually translate as :freedom,though they may not always
ofRoyal ~ccountability," in The Origins andDiversity ofAxialAge Civilizations, edited
by Si~' EIsenstadt, 2~3-224, (Alb~y: State University of New York Press, 1986).
See the papers In the symposium La Communaute rurale, Recueils de la Societe
Jean Bude 41 (1983).
17
See Herodotus I, 96-8 and III, 80-2, and M. Liverani, "Nelle Pieghe del (1984): 257-284. This patterning tends ofcourse to undermine any historical value the
Despotismo. Organismi rapprasentivi nell' Antico Oriente," Studi Storici 34 (1993): 7- story might have.
33,25-6,29-30. See on the importance of this discussion for posing the question that IS See Hayim Tadrnor, "'The People' and the Kingship in Ancient Israel: The Role
was of interest to Herodotus in the rest of his work Donald Lateiner "Herodotean of Political Institutions in the Biblical Period," Cahiers d 'Histoire mondiale 11 (1968):
Historiographical Patterning: 'The Constitutional Debate'," Quadern; di Storia 20 46-68, and Hayim Reviv, The Elders in Israel, (Jerusalem: Magnes, 1989).
20 CHAPTER ONE FREEDOM AND GETTING AWAY 21

mean the same thing and there is not necessarily cultural continuity different languages. Sumerian is unrelated to any other language
among them, as Patterson has asserted for the West. 19 and is marked by agglutination, the addition of elements in chains
In an article Patterson adduces Indo-European philological after or before key words, as in modem Turkish. The cuneiform
evidence on the Western words for freedom. The consensus of writing system through which we know these languages may have
philologists is that eleuther, Greek for "free," derives from *leudh- been devised for it. But the system was very early applied to
ero, meaning "belonging to the people," and Latin tiber "free" may writing names and then texts in Akkadian, a Semitic language
have the same origin. The idea is that the III and Irl are at base the related to modem Arabic and Hebrew. As far as I am aware, no one
same phoneme in Greek and Latin, and the Ith/ might correspond to has discussed the Mesopotamian terms for freedom in the context
the fbi, while the Greek's initial e- vowel could be seen as a helping ofthe history offreedom except in the most casual way, but I do not
vowel added secondarily." Naturally given our understanding of see how they can be omitted. The relevant words appear in four
slaves as coming in most societies from alien peoples, it is seductive spheres of activity: edicts, privileges, manumissions, and rowdily
to see words for free as meaning somehow "from our people." behaving groups.
Alternatively there is a possible connection between eleuther and
the form eleusomai, the future of the verb erxomai "to go." If in A. EDICTS
fact this is the root sense, the free man in Greek might have been the Mesopotamian kings for a time in the late third and early second
one capable of going where he wanted." millenniums B.C.E. occasionally invoked their concern for justice
The Mesopotamian languages, Sumerian and Akkadian, were so as demonstrated by their "setting freedom." This means establish-
long in close contact that it sometimes is hard to distinguish what ing edicts of remission and freedom from some taxes and certain
might have been original to each in vocabulary, but they are very kinds of debts. We have several references to the practice and one
actual edict and fragments of others. The "freedom" being set is
called a mar g i in Sumerian; etymologically this means "returning
19 Especially Freedom, xii. to mother," and so one could imagine that the image is that of
20 Patterson, "Alienation," 165. See A. Walde, and 1.B. Hofmann, Lateinisches manumission ofa child-slave and return to the family. But freedom
etymologisches Worterbuch, (Heidelberg: Winter, 1982, reprint of 3rd ed. of 1938), 1: for slaves appears not always to have been part of the kings'
791, connecting fiber to words like Russian lyudi "people," and A. Emout and A.
envisioned practice. In fact edicts may have been issued in order to
Meillet, Dictionnaire etymologique de la langue latine, (Paris: Klincksiek, 1985, 4th
ed., 1959), 355a, say the etymological connection ofthe two words "is not excluded but limit debt remission and slave release to a single year, the first ofan
does not impose itself." See also Hjalmar Frisk, Griechisches etymologisches Old Babylonian king's reign. Scholars believe that the contents of
Worterbuch, (Heildelberg: Winter, 1960), 491, and Emile Boisacq, Dictionnaire
etymologiquede la langue grecque, (Heidelberg: Winter, 1950, 4rth ed.), 241-242. And
the edicts differed with each king's reign, but the general term
note the dissent from Pierre Chantraine, Dictionnaire etymologique de la langue continued to be used."
grecque, (Paris: Klincksiek, 1970), tome 2, 337a: "A connection of Latin tiber and
Greek eleutheros with terms designating the people in Germanic and Balto-Slavic may
be seductive, but it cannot be demonstrated..."
21 See Moshe Weinfeld, Social Justice in Ancient Israel and the Ancient Near East, 22 Note the Liberty Classics' use of cuneiform signs for a mar g i, Sumerian for
(Jerusalem, Minneapolis: Magnes, Fortress, 1995),33. Compare Amo Baruzzi, Die "freedom" on the end-flaps of its books, for example John Emerich Edward Dalberg-
Zukunft der Freiheit, 1: "Freiheit wird mit Bewegung zusammen gesehen; sie ist Acton, Essays in the History ofLiberty, 1. Rufus Fears, editor, (Indianapolis: Liberty
wesentlich Bewegungsfreiheit (Freedom is seen together with movement; it is Fund, 1985). And see the Chicago Assyrian Dictionary, (Chicago and Gliickstadt:
essentially freedom of movement)," commenting on the popular understanding of the Oriental Institute and J. 1. Augustin, 1956- ), A 2: 115-117, ama.ar.gi = anduriiru. For
term today. the limiting of releases through edicts see W.W. Hallo, "Slave Release in the Biblical
22 CHAPTER ONE FREEDOM AND GETTING AWAY 23

The Edict ofAmmisaduqa is a text produced in 1646 B.C.B. for who were not related to a citizen debtor were certainly not to be
an Old Babylonian king. Its 22 paragraphs deal with two kinds of freed."
material; some are presented as acts ofroyal grace which may have Although a number of other Old Babylonian kings in royal
had a force only at the time of the promulgation of the edict and inscriptions mentioned their having established justice or freedom,
were unrelated to the usual law, and other acts remitted some debts no other edicts have been preserved. It is speculative to guess
for a period. The former are tagged with the explanation "because whether kings promulgated similar acts to Ammisaduqa's whenever
the king has invoked justice for the land." Only six of the 22 they mentioned such terms. The period covers three major dynasties
paragraphs mention the royal justice. The paragraphs usually and 400 years from 2004-1595 B.C.E. Ifthere were such edicts,
involve something the king could control, including remission of now lost, then one might reasonably argue that the kings at least
back taxes in paragraphs 14, 15, and 16. Paragraph 19 affects the were very much engaged in supporting the various remissions of
amount to be paid by a soldier who leases a field, but only "in the taxes and debts that may have been contained in them as expres-
present year." Scholars do not understand the term for the loan in sions of a communal value of long standing during the Old
paragraph 4; it might in fact have been between private persons and Babylonian period. Of course all these kings were politicians, and
thus not something the king could directly regulate. Most interest- it is clear that they mentioned their devotion to justice and freedom
ing is paragraph 20, which guaranteed that citizens ofcertain named in order to solidify support for their other goals, and the motifmay
areas and towns would be able to get wives or children out ofdebt- be a literary topos of political discourse and not always or even
servitude, although paragraph 21 makes it clear that mere slaves usually a subject for administrative reform. Nonetheless the elite's
dedication to the value is patent. 24
The Akkadian term for what the edicts establishedis andurdrum,
which comes from words for turning and returning, though there is
also a meaning for dariiru, a related verb, that is connected with the
World in Light of a New Text," in Solving Riddles and Untying Knots. Biblical,
Epigraphic, and Semitic Studies in Honor of.Jonas C. Greenfield, edited by Ziony Zevit,
manumission ofslaves and running free, and thus means to become
Seymour Gitin and Michael Sokoloff, 79-93, (Winona Lake, Indiana: Eisenbrauns, free. Scholars have discussed andurdrum at length, and recent
1995). Moshe Weinfeld, '''Justice and Righteousness' in Ancient Israel Against the opinion is that it is best understood as a return to earlier status. The
Background of' Social Reforms' in the Ancient Near East," in Mesopotamien und seine
Nachbarn, edited by Hans J. Nissen and Johannes Renger, 491-519, (Berlin: Reimer, kings were trying to adjust their unwieldy economies and to get
1987), surveys these texts and related ones. He suggests a connection to New Kingdom
Egyptian texts which also promised release of some slaves on the kings' coronation,
501-502. He concludes, ''The primary meaning of mspt, sdqh' and myinm) [usually
justice, righteousness, and fairness] is freedom from oppression..." 511. Compare also
his Social Justice in Israel and the Ancient Near East. The problem of the tension 23 See F.R. Kraus, Kiinigliche Verfiigungen in altbabylonischer Zeit, (Leiden: Brill,
between a desire to return alienated property and a desire to maintain property rights is 1984), 168-288, and the English translation by J.J. Finkelstein, in Ancient Near Eastern
stressed by Eckart Otto, "Soziale Restitution und Vertragsrecht. Misaru(m), (an)- Texts Relating to the Old Testament, edited by James Pritchard, 526-528, (Princeton:
duraru(m), kirenzi, para tarnumar, S"mitta und d"riir in Mesopotamien, Syrien, in der Princeton University Press, 1969). Samsuiluna's fragmentary edict, mentioning his year
hebrliischen Bibel und die Frage des Rechtstransfers im alten Orient," Revue 8 (= 1741 B.C.E.), and another are in Kraus, 154-160; Samsuiluna's two legible
d'Assyriologie 92 (1998): 125-160. paragraphs appear similarly to free people from tax liabilities and to assure that regular
Note that the word for conditionally free man in Sumerian, a person still owing slaves are not to be freed.
some obligations to the former master, dumu-gi-, or dumu-gi may be related to 24 For the many references, most ofthem laconic, see Kraus, Verfiigungen, 16-110.
ama.ar.gi, perhaps meaning "a son returned"; see A. Falkenstein, Neusumerische For reform as a literary topos see D.O. Edzard, "Soziale Reformen im Zweistromland
Gerichtsurkunden, (Munich: Bayerische Akademie, 1957),3:103. bis 1600 v.Chr.: Realitiit oder Iiterarischen Topos?" Acta Antiqua 22 (1974): 145-156.
24 CHAPTER ONE FREEDOM AND GETTING AWAY 25

some aspectsofthemback to normal, For individuals, however,the they were politically extremely important, especially in the later
normal may be freedom from constraint. 25 period."
A new bilingual text from Boghazkoy in Turkey presents an The term kidinnu began as a word for a standardor symbol of a
exotic instance of a freedom song. The term is kirenzi in Hurrian, god in Old BabylonianSusa, on the eastern edge ofMesopotamia,
equatedthere with para tarnuwar in Hittite. Elsewherethe Hittite around 1800B.C.E. It cameto stand forthe objectand forthe god's
means "handing over." The text speaks ofEbla in Syria, where the protection. After around 1500 B.C.E. the word appeared in central
storm-god demanded a release of debts as a purification from sin. Mesopotamiatoo, and it came to mean the politicalprerogativesof
The city elders pledged help for the storm-god, but would not the oldest cities,though in later times it sometimesreferred only to
forgive debts, and the storm-godsaid he would destroy the city for religious prerogatives. An instruction for a Neo-Assyrian prince
this omission." shows subarra might include exemptionfrom corvee labor."
Freedomswerethe cause offrictions betweenkings who wished
B. PRIVILEGES to curtailthem and the citizenswho wished to maintain them. One
might argue that such liberties were not generalized into freedom,
The Mesopotamians used terms in the late second millennium and
and yet it is clear that in those particular cities they were of very
especially in the first that referred to special exemptions from
greatimportance. Thesewerenot exactlyPatterson's civic freedom
taxationand corveelaborgrantedby kings to particularlyvenerable
since they did not concern an individual's right to participate in
cities. These ancientlibertieswere called kidinnu and subarra, and
community actions--that is rather assumed than defended in the
Mesopotamian cities--but rather these freedoms concern how the
city will be ableto resist a centralauthority. Theseideas seem close
25 As Benjamin Foster has pointed out to me in personal communication, building to Ostwald's definition of the Greek ideal of the freedom of the
on D. Charpin, "Les Decrets royaux a l'Epoque paleobabylonienne," Archiv fir
Orientforschung 34 (1987): 36-44, who argues a m a - a r - g i, meant "return to the
original situation," 37. Charpin denies that there is a general idea of freedom: "The
Babylonians did not know in fact that men are born free and equal" 38. But I doubt if
he is right to push this view to claim "It is clear that one is here at the antipodes of any 27 Chicago Assyrian Dictionary, K 342-344 kidinnu "divine protection, divinely
sentiment of 'social justice' or of 'a reformist ideology'" 39. Elites did not seek what enforced security," and 344-345 kidinniau "privileged status (of city or temple
we would see as real reform, but forced laborers did seek freedom from constraint. The personnel)"; S3: 169-170 subarrU "freedom from service obligations." Compare Walter
Chicago Assyrian Dictionary, A 2: 115-117, translates anduriirum as "remission of Farber, Beschworungsrituale an Ihar und Dumuzi, (Wiesbaden: Franz Steiner, 1977),
(commercial) debts, cancelling of services (illegally imposed on free persons)," usages 96-97. And see Hayim Tadmor, "Monarchy and the Elite," 218-219, seeing subarrU as
that the Dictionary emphasizes should be differentiated, or should we generalize? an archaic synonym for kidinnu. The cities that claimed these privileges were the oldest
Compare D. Charpin, "L'anduriirum a Mari," MA.R.I. 6 (1990): 253-270, and and most venerable, but newer cities sometimes did too; see van de Mieroop, The
especially F. R. Kraus, Verfiigungen. Mesopotamian City, 135, and Albert Schott, "Hohe Beamte und freie Stadte im Spiel
26 See for the Hittite word Chicago Hittite Dictionary, edited by Hans G. Guterbock der assyrischen Staatskunst," inAtti delXIXCongresso internazionale degli Orientalisti,
and Harry A. Hoffner, Jr., (Chicago: The Oriental Institute, 1995), P 2:125: "hand over, (Rome: Senato, 1938),75-77, but his distinctions among the words appear not to hold;
release." The text is in Harry A. Hoffner, Jr., "Hurrian Civilization from a Hittite he suggested that zakiitu and andurtiru meant freedom from particular legal demands,
Perspective," in Urkesh and the Hurrians. Studies in Honor ofLloyd Costen, edited by kidinniitu meant corporate invulnerability, and subarU immunity, 75.
Giorgio Buccellati and Marilyn Kelly-Buccellati, 167-200, 180-183, (Malibu: Undena, 28 W. F. Leemans, "Kidinnu. Un Symbole de droit divin babylonien," in Symbolae
1998). The context is mythic, and the relation to administrative reality is not known; ad jus et historiam antiquitatis pertinentes Julio Christiano van Oven Dedicatae, edited
see Chapter Three below. For a Hittite edict dealing with release from debt see Raymond by M. David, B.A. van Groningen, and M. Meijers, 36-61, (Leiden: Brill, 1946),57-9;
Westbrook and Roger D. Woodard, "The Edict of Tudhaliya IV," Journal 0/ the the use of subarrU in the princely instruction is in W. G. Lambert, Babylonian Wisdom
American Oriental Society 110 (1990): 641-659, also discussed in Chapter Three below. Literature, (Oxford: Clarendon, 1960), 112-113, line 30.
26 CHAPTER ONE FREEDOM AND GETTING AWAY 27

state, though the Mesopotamian cities had not been independent ted, and this implies that manumitted slaves were not uncommon.
states for centuries before we see these terms used. In the preserved court cases, however, no slave who claimed to have
been freed actually was declared free." The cards clearly were
C. MANUMISSIONS usually stacked against persons in slavery.

The freeing ofslaves is attested in most periods. The actual numbers D. ROWDILY BEHAVING GROUPS
of slaves was never high in ancient Mesopotamia; the reason for
Some ofthe terms attested in Akkadian for particular groups go on
this, we think, is that the Mesopotamians were never willing to
in other languages to become words for the free, at least in the sense
invest the manpower necessary to patrol and restrain large groups of
of the manumitted slave. Probably the most important later is the
slaves, preferring to rely instead on peasants who could be coerced
term hurru, which may have begun its career as a term for an ethnic
into giving up some days oflabor a month to the central authorities.
group that becomes increasingly important in Upper Mesopotamia,
But there always were slaves who probably had originated as
the Humans. It persisted as an ethnic term till Humans died out as
foreigners captured in war or who had been brought in by slave
a separate people around 1200 RC.E. It never meant "free" in
traders."
general, but it is of interest that it came to mean ''noble'' in some
The terms for manumission are a m a - a r - g i,...g a r in
sense in Biblical Hebrew and is perhaps the basis for the words for
Sumerian, literally "establishing the return to mother," and in
freedom in the modem languages of the region."
Akkadian andurdrum issakan "freedom is established," and zukkii,
The Hebrew references are in late texts, and the term does not
literally "declaring pure." Other terms for becoming free include
seem to be an early word for leaders in the Bible. The reference to
dariiru, mentioned above in connection with anduriiru, elelu and
nuram/Samas amliru--all meaning just becoming free, the latter
literally "to see the light/Sun-god." Elelu is connected to other
31 A. Falkenstein, Die neusumerischen Gerichtsurkunden, 3 volumes, (Munich:
words for purity."
Bayerische Akademie, 1956-1957), texts 30-42.
There are several court cases from after 2050 RC.E. where a
32 D.O. Edzard, "Hurriter, Hurritisch," Rea/lexikon der Assyriologie 4 (1975): 507-
slave attempted to prove that he or she actually had been manumit- 514 and Gernot Wilhelm, Grundziige der Geschichte und Kultur der Hurriter,
(Darmstadt: Wissenschaftliche BuchgeseIlschaft, 1982), and see the review of the
translation, The Hurrians, by Michael Astour, Journal of Near Eastern Studies 53
(1994): 225-230.
29 See I. J. Gelb, "Quantitative Estimates of Slavery and Serfdom," in Cuneiform The connection is clear from Biblical Hebrew hor through Late Hebres /:terilt, to
Studies in Honor ofSamuel Noah Kramer, edited by Barry Eichler, 195-208, (Kevelaer, Arabic hurr, as noted in Ludwig Koehler and W. Baumgartner, The Hebrew and
Neukirchen-Vluyn: Butzon & Bercker, Neukirchener, 1976). Aramaic Lexicon ofthe Old Testament, (Leiden: Brill, 1994), 1: 348. For meanings of
30 For manumission in general see Emile Szlechter, "L'Affranchissement en droit the terms see below. Hurrum "Hurrian" has a harder gutteral sound than hor, but
sumero-akkadien," Archives d 'Histoire du droit oriental. Revue internationaldes droits Biblical Hebrew lacks that harder phoneme, and the harder gutteral usuaIly shows up
de l'Antiqutte I (1952): 125-195; for the terms see 130, 132. The Sumerian Dictionary as the less hard one. See Sabatino Moscati, An Introduction to the Comparative
A 3:208-210, Chicago Assyrian Dictionary Z 29-31 zukkU "to free, release"; D 109 Grammar ofthe Semitic Languages, (Wiesbaden: Harrassowitz, 1980), 39-40. Arabic
dardru "to become free (of a task), to move about freely, to run off'; E 80-83 elelu, has the distinction, but the word may have arrived in Arabic through a language that did
especially u/lulu "to make free"; and A 2:21 niiram / Samas amdru. It is not usually not have the distinction.
possible to distinguish debt-slaves from others in manumissions, as noted by Gregory Probably unrelated is the Egyptian word /:twr for "peasant," and "miserable," E.A.
C. Chirichigno, Debt-Slavery in Israel and the Ancient Near East, (Sheffield: Sheffield Wallis Budge, An Egyptian Hieroglyphic Dictionary, (New York: Dover, 1978, first
Academic Press, 1993),62-67,72-85, and for Israel, 182; there is no reason to believe edition 1920), 472b, and Coptic hooure "to deprive," W.E. Crum, A Coptic Dictionary,
persons who not enslaved for debt were not occasionally freed also. (Oxford: Clarendon, 1939), 737b.
28 CHAPTER ONE FREEDOM AND GETTING AWAY 29

the earliest story is in 1 Kings 21:8 and 11, where Jezebel wrote to Another word with a long afterlife does not clearly start as an
the /:z6r'im to get them to condemn Naboth who owned a coveted ethnic term. ljupsu apparently always meant free peasant, but
vineyard. In Nehemiah they seem to have been a sort ofaristrocracy sometimes referred to a person not paying proper respect to
to whom the Persian-Jewish governor had to appeal." Because of authority. It too was not generalized, but in Hebrew it came to be
the chronology oftexts it does not seem likely that there is a direct the term for freed slave."
connection with the Horim, usually understood as meaning hole- Manfried Dietrich in his survey of personal freedom has called
dwellers, who appear in Deuteronomy's list of autochthonous attention in addition to the terms considered above to what he calls
dwellers in the land ofIsrael, who might in turn be connected to the adverbial expressions used in Akkadian that show an interest in the
Humans of the second millennium. desires of the individual, particularly as parties to contracts. They
Why an apparently ethnic term came to be associated with wrote ofthe satisfaction ofa party with the agreement, the bud /ibbi
freedom is not clear, but one might speculate that in the perspective "satisfaction of the heart," and they used the terms for the self,
ofsome Israelites some Hurrians had fewer constraints and perhaps ramdnu, and the head, qaqqadu, showing the person's own will had
more effectively eluded centralizing administrations than they did, been fulfilled. Dietrich also notes that the term for freedom,
though most scholars would agree that the Bible has no clear andurdru is related to the verb naduriiru which describes both the
memory of the presence of historical Hurrians. St. Jerome (d. 420 running away ofslaves and the free running ofwater. To this image
C.E.) noted the connection between the Hurrians and freedom, offreedom as the freedom to run where one wills one might add the
following a Jewish tradition. One might argue that this is just a Egyptian term that appears equivalent, wst/tn, which means "to
popular etymology, though, linking an ethnic name with an idea stroll at one's ease." Dietrich suggests that the pursuit of personal
without historical basis." freedom was not a great theme in Ancient Near Eastern literature,
How the term hurriyah, Arabic for freedom, developed in that but that personal freedom was assumed as a part of an ordered
language is not known, though the modem sense certainly derives universe."
from the liberal age ofthe last century. But it is probably from the
same root as Hebrew hor. It would be instructive but far beyond the
scope of this study to pursue the question of the word for free and
freedom in other languages; it may be noted that the Arabic word Universities Press, 1965), 21.
shows up in Swahili, the language spoken on the East African coast 36 Chicago Assyrian Dictionary ij 241-242 "(a member ofone of the lower social
as uhuru, u- being the prefix that indicates general qualities." orders)", and note the cliche tibiu fJupsim "revolt of the fJupsus." Compare L. Kohler
and W. Baumgarter, Lexicon 1 241-342, and N. Lohfink, "/foPI" in Theological
Dictionary of the Old Testament, edited by G. Johannes Botterweck and Helmer
Ringgren, 5: 114-118, (Grand Rapids: Eerdmans, 1986), stating, 117, "Nowhere is the
33 See J. van der Ploeg, "Les chefs du peuple d'Israel et leurs titres," Revue Biblique modern concept of 'freedom' attested" in the Hebrew Bible.
37 M. Dietrich, "Die Frage nach der personlichen Freiheit im Alten Orient," in
57 (1950): 40-61, 57-60, and "Les 'Nobles' israelites," Oudtestamentische Studien 9
(1951): 49-64. Mesopotamica - Ugaritica - Biblica. Festschrift fiir Kurt Bergerhof, edtied by M.
Dietrich and Oswald Loretz, 45-58, 47-48, 51, 57, (Kevelaer, Neukirchen-Vluyn:
34 See Roland de Vaux, "Les Hurrites de I'Historire et les Horites de la Bible,"
Butzon & Bercker, Neukirchener, 1993). For wstltn "to stride freely, to go unhindered"
Revue Biblique 74 (1967): 481-503, 500-501
see Adolph Erman and Hermann Grapow, Worterbucb der Aegyptischen Sprache,
35 See the discussion of Franz Rosenthal, The Muslim Concept ofFreedom and of (Leipzig: Hinrichs, 1925-1963), I:367-368, known since the Middle Kingdom (2040-
A. Hourani, Arabic Political Thought in the Liberal Age in Chapter Six below. On the 1786 RC.E.) Compare E.A.W. Budge, An Egyptian Hieroglyphic Dictionary, 184, and
u- prefix in Swahili see D.V. Perrott, Teach Yourself Swahili, (London: English Aristide Theodorides, "Freiheit," Lexikon der .,rgyptologie 2 (1977): 297-304,298.
30 CHAPTER ONE

Concerns for freedom may not be the same as modem concerns.


But there is no question but that the terminology was extant with
which one might discuss such matters. CHAPTER TWO
Next we will tum to the records of running away. One might
question whether this directly impinges on the question of the THE REALITY OF FLIGHT
existence offreedom as a value, but I believe that it is really the only
way to get at the question of what the society as a whole thought And many fled. In spite ofthe efforts of administrators to control
about freedom. It is true that we are trying to penetrate the world of the laborers whom they were hoping to make work for them, the
the illiterates, and we are compelled to do that by using the records bureaucrats admitted that they had failed to keep the workers at
of the literate bureaucrats. That is always a tricky tactic since work, and that sometimes significant numbers of them had made
inevitably such data blend the elite's reactions and views with those good their escape. The terms used were z a b - b a "fled" in
of the illiterate non-elite. To ignore it, though, in this context is to Sumerian, usually equated to halqu "missing" in Akkadian, and
stifle the expressions of the illiterate, and in our age that is tanta- sometimes to other terms with the same general meaning. 1
mount to suppressing evidence. Scholarship has not paid much attention to this phenomenon,
even though it appears to be a prime example of a way into the
world of the illiterate masses and their relation to labor manage-
ment schemes ofthe elites. The understanding ofthe lexical terms
involved is derived from the lexical lists compiled by native
speakers of Akkadian and edited in a systematic way by Benno
Landsberger, beginning in 1937. Texts about labor were pub-
lished and analyzed with increasing sophistication in the twentieth
century.
Mendelsohn in his 1949 study of slavery devoted a section to
flight. But the first person to draw attention to flight as an
indicator of the attitudes ofthe persons who were supposed to be
managed by Mesopotamian elites was A.I. Tiumenev in his
monumental 1956 book. Tiumenev, a classical and Egyptian
scholar by training, had become interested in the archival texts
available from Ancient Mesopotamia and approached them with
a synthesizing and generalizing eye; he was not concerned to
construct archives based on the origins oftexts, and thus his work

1 See The Chicago Assyrian Dictionary, under balqu, abiitu, and niibutu. Compare
Marc Bloch, Slavery and Serfdom in the Middle Ages, (Berkeley: University of
California Press, 1975), 51: "It was always singularly difficult to stop a man from
leaving."
32 CHAPTER TWO REALITY OF FLIGHT 33

seems general. And yet he was the first to argue that flight itself 1. THE NATURE OF ARCHlYAL TEXTS
was a significant phenomenon which showed normal peoples'
reactions to the oppressive conditions ofMesopotamian life. The The texts which we can study to understand the behavior of
people who were running away were not slaves, but dependent laborers are in large part archival. That means that they were
workers who owed the governmental economy days of labor; composed by bureaucrats only for the purpose ofreporting to their
Tiumenev, following the Soviet line, viewed such people as superiors about their use ofresources. These sorts oftexts do not
essentially slaves, but he was not doctrinaire in his treatment of usually enter the stream of tradition, that is, the things one might
them, and this approach may explain his delaying publication of copy in school, although some phrases from them may appear
his book, on which he had worked for many years, until after among school texts since a major part ofthe time ofmost working
Stalin's death. Tiumenev noticed that the phenomenon became scribes was taken up with such texts. The texts, composed and
more prevalent in the well-documented Dr III period (2112-2004 preserved on clay, usually come to us in one copy, andif parts of
B.C.E.), in which he also noted the rise in importance of hired them are damaged, the information is lost forever. This disadvan-
labor.' tage to the data is balanced by the fact that archival texts tended to
Subsequently several labor organizations of the Dr III period be formulaic; they usually are lists ofmore or less similar things,
especially were analyzed, and yet flight itself was not a focus of and so the formulaic parts of them can usually be restored on the
study. Even the extremely useful 1987 volume edited by Marvin basis ofthe smallest traces in the clay, and frequently without any
Powell, which brought together experts on labor texts from various part ofthe formula's being preserved at all.
periods in the Ancient Near East, has few mentions of flight, and The point ofcomposing the texts recording laborers was similar
it was certainly not a focus of research there. In my edition ofthe in most periods. The bureaucrats were keeping records for higher
massive but now lost labor text from the city of Umma, I com- authorities and were presumably subject to a later audit in which
mented on the prevalence of runaways and referred to studies their handling ofthe laborers might be questioned. The process of
noted above, but I did not attempt a thorough analysis of the composition of the texts was a part of the audit. In other spheres
phenomenon.' of scribal work we know that the information in small tablets
In other fields ofhistory a sophisticated literature on escape has recording a small number of transactions was put together into
arisen in the past thirty years. This literature invites the ancient larger tablets every six months or so, and this composition of
historian to consider the issue also in the Ancient Near East, as larger "ledgers" might have been accompanied by oral queries
shall attempt to do here. about what happened to goods and persons mentioned in the
smaller texts. Sometimes the larger texts record what happened
more completely."
2 Mendelsohn, Slavery in the Ancient Near East, (New York: Oxford, 1949),58-64;
The goal of Mesopotamian accounting, we assume, was
Tiumenev, Gosudarstvennoe Khoziaistvo Drevnego Shumera (Governmental Economy reducing misuse, spoilage of goods, and pilfering. It was not, as
ofAncient Sumer), (Moscow: Nauka, 1956), esp. 367-68. far as we can see, the determination of profits and losses. This
3 On organizations see especially Robert Englund, Organization und Verwaltung point has been made by G.E.M. de Ste. Croix for Greek and
der Ur III-Fischerei, (Berlin: Reimer, 1990). M. Powell, editor, Labor in the Ancient
Near East, (New Haven: American Oriental Society, 1987). The labor text is published
as Snell and Lager, Yale Oriental Series 18:115 and edited in Snell, "The Lager Texts,"
Acta Sumerlogica 11 (1989):155-224, and is discussed below. 4 Compare Snell, Ledgers and Prices, 65-75.
34 CHAPTER TWO REALITY OF FLIGHT 35

Roman accounting, and internal indications from Mesopotamian made sense because the kind ofwork being asked was physically
material shows that it probably obtained in Mesopotamia too.' demanding, and men could work harder at it than women. Usually
Most labor texts that recorded runaways did so in the context the work had to do with canal maintenance and the preparation and
oftheir allotments ofgrain and other rations. These served as the weeding of fields. And yet the inadequacy of the lesser rations
maintenance allowance ofpeople serving the elites' organizations, must have been obvious to all. An important group of texts
and they were standardized at a level that would maintain life for records the rations ofgroups ofwomen who had been "dedicated"
adult men. But women got half that amount, and children got to temple-managed weaving establishments and shows that the
less." These rates were standardized at an early period and women died off at an appalling rate; in these cases bureaucrats
continued apparently as an ideal through much ofMesopotamian must have decided that since they were dealing with women and
history. children whom no one else wanted in their households, it did not
These facts raise a number ofquestions for laborers. The first, matter how long they lived. And the work being demanded of
perhaps only a modem question induced by our own love of them, though important for the economy of the Mesopotamian
variety, is how boring the ration must have been if one were state, was not so skilled that replacements for workers could not
getting only grain, as frequently happened. One must assume that be easily found. Probably the bulk of weaving in Mesopotamia
it was usually possible to change the grain received into other was done in non-official households, and bureaucrats were
forms of produce, in other words that the grain frequently could experimenting with mass workhouse projects involving women,
act as a money; this accords with what we know of the and an important consideration may have been keeping the cost in
Mesopotamian economy," terms of food very low."
The other problem is the inadequacy ofthe ration for those who Women and children in other situations fared better. Women
were not adult males. From the bureaucrats' point of view this with husbands working could share their food. Also women
connected to households would have their own garden plots from
which more food could be grown; the "dedicated" women were in
5 "Greek and Roman Accounting," in Studies in the History ofAccounting, edited the organization because they did not have such connections, and
by AnaniasC. Littleton and Basil S. Yamey, (Homewood, Illinois: Irwin, 1956), 17-74;
compare Ledgers, 32, showing no profits, but usually balances.
the condition was not usual for women in Mesopotamia.
6 See on the Mesopotamian system I.J. Gelb, "The Ancient Mesopotamian Ration
When scribes recorded runaways, the focus of their concern
System," Journal ofNear Eastern Studies 24 (1965): 230-243, and Lucio Milano, "Le was frequently the grain that they were thus not paying to the
Razioni alimentari nel vicino oriente antico: per un'articolazione storica del sisteme," people who were not working. In a sense having runaways was a
in II pane del re: Accumulo e distribuzione dei cerea/i nell 'oriente antico, edited by Rita
Dolce and Carlo Zaccagnini, 65-100, (Bologna: CLEUB, 1989). On the calorie content
see R. Ellison, "Diet in Mesopotamia: The Evidence of the Barley Ration Texts, c.
3000-1400 B.C.," Iraq 43 (1981): 35-45. Compare the unequal slave rations based on
8 The slighting of women as agricultural workers continues into our own time;
worker productivity, of about three pecks of corn meal weekly in the southern United
compare Carol A. Bryant, Anita Courtney, Barbara A. Markesbery, and Kathleen M.
States for men, while women and the old got one to two pecks; see Herbert Aptheker,
DeWalt, The Cultural Feast. An Introduction to Food and Society, (St. Paul, Minnesota:
American Negro Slave Revolts, (New York: Columbia University Press, 1943), 126-127.
West, 1985),311-313, showing developing societies do not reward or even give
7 See especially Maurice Lambert, "L'Usage de I'Argent-Metal aLagash au temps encouragement to women, who continue to produce the majority of crops consumed.
de la 3e Dynastie d'Ur," Revue d'Assyriologie 57 (1963): 79-92, 193-299, and my Life One might argue that the Mesopotamian rations were proportional to body weight and
in the Ancient Near East, 41,57-58, and "Methods of Exchange and Coinage in Ancient to caloric needs. See I. 1. Gelb, "The Arua Institution," Revue d 'Assyriologie 66 (1972):
Western Asia," in Civilizations ofthe Ancient Near East, edited by Jack M. Sasson, 3: 1-32, and Daniel Foxvog, "A Third Arua Summary from Ur III Lagash," Revue
1487-1497, (New York: Scribner's, 1995). d'Assyriologie 80 (1986): 19-29.
36 CHAPTER TWO REALITY OF FLIGHT 37

good thing for a bureaucrat; the absences guaranteed a surplus of current situations, however unpleasant the bureaucracy-sponsored
grain for the operation, a surplus which could be returned at the labor they were called on to do might have been. Obviously most
end of the accounting period, or, since grain lasts for years when workers found their lives endurable and did not give the bureau-
kept dry, the surplus could be saved for supporting workers in later cracy any trouble, and a large part of that ability to endure must
accounting periods. Still, the work was not getting done, and there have derived from membership in families and the communities
was doubtless some frustration in those recording the runaways. that supported them.
These people had been assigned by some higher authority to work
under the bureaucrat, and they had been placed under his responsi-
bility; resources, however nutritionally inadequate, had been 2. COMPARATIVE ABSENTEEISM
allocated for their upkeep. And then they were gone.
Though we do not have texts that talk about plots farmed by To get some perspective on those who did leave it is useful to look
persons for their own use, it is very likely that most persons who at the literature on absenteeism in modem industrial economies.
showed up in labor texts had such plots. We know that most did Absenteeism may not be exactly similar to what the Mesopotam-
not work full-time for the great organizations that had access to ian workers were doing, in that there is no indication whether they
writing, and we can see from the nutritional inadequacy of the usually intended to return to their jobs. Also, obviously, it is
rations for many that they must have been getting food from much harder completely to disappear from the bureaucratic record
elsewhere, beyond the reach ofthe bureaucracy. So it makes sense in modem developed countries, though every jurisdiction has its
that they spent time producing fruits and vegetables at least on missing persons, most of whom are not the victims of skulldug-
their own plots. And though we do not see bureaucrats referring to gery but are persons who simply want to be missing. It is hard for
it, there doubtless was some sort of farming community to which modem social scientists to study such persons and their motiva-
such persons belonged, groups of people engaged in similar tions, but economic distress plays a major part in anecdotes about
activities sharing information about crops and seasons even ifthey them, though other personal setbacks may be important factors in
lived in cities or their environs. This community might have been their decisions.
a relic of earlier village structures, or in many cases it might have Students of absenteeism are unable to agree on its definition
been something new that arose in imitation ofvillage structures in and the reasons for it, though they are agreed that it has a major
urban environments." The point for our consideration is that such effect on the North American economy and is worth studying to
communities may have given workers reasons to stay in their determine how it might be minimized. And yet in spite of the
numerous pulls on individual employees' time in the United States
and the inevitable variation among industries and organizations
9 Dj. Sharashenidze, Fonny ekspluatatsii rabochei sily v gosudarstvennom with different conditions for workers, the overall rate of absence
khoziaistve Shumera Il. pol. III tys. do n. e., (Tbilisi: Metsniereba, 1986),42, 117-118, seems remarkably low. In 1978 the average rate of absence for all
120 and n. 74. Compare the similar argument about slave communities in the southern workers in the United States was from 2.9 to 3.5 % of the work
United States; Eugene D. Genovese, Roll, Jordan, Roll. The World the Slaves Made,
(New York: Vintage, 1976), and J. Blassingame, The Slave Community, (New York:
force. More recent data indicate 4.7% of United States workers
Oxford University Press, 1979), stress its supportiveness, while others have stressed the were absent on any given day, 4.8% of English, and 2.5% of
ravages visited on the community through slavery and later vestigial racism, notably
William Dusinberre, Them Dark Days. Slavery in the American Rice Swamps, (New
York: Oxford University Press, 1996), 429-436, reference courtesy of Richard Lowitt.
38 CHAPTER TWO REALITY OF FLIGHT 39

Japanese. As we shall see. ancient runaways sometimes exceeded there was even a child's game called drapetinda "runaway slave"
this rate. but frequently they did not. 10 in which "It" covered the eyes and tried to catch the others. II
Among the motivations for modem absenteeism are family In Egypt ofHellenistic through Roman times papyri reveal that
crises with which the employee has to deal and job dissatisfaction. slave flight was more frequent from households with many slaves
frequently deriving from lack of freedom to structure the work. than from smaller establishments. Usually it was the young
Both of these factors may have motivated the ancients. It is people who fled. though not always. and women with young
certainly true that the Mesopotamian bureaucracy and its overseers children were less likely to run off. There were more runaways
were not interested in giving workers freedom to choose how to attested under the Ptolemies than after the Romans came in. and
work. although it may be that individual supervisors allowed this may be due to smaller numbers ofslaves but also to a rigorous
considerable variation in how jobs were actually conducted. and system of slave identity cards. perhaps instituted under the
such variation will not appear in archival texts. though the results Emporer Augustus. Masters knew what directions slaves were
ofthat variation may in fact explain stability and instability in the headed. and thus they may have had a fair chance of capturing
work force. Family crisis is hard to document in modem society. them."
and it is hard to see in the ancient archival record too. Now if a In Rome itself the demand for more workers may have
child goes to a hospital. our bureaucracy will have a record. but if encouraged slaves to flee. knowing they would be sure to find a
she just has a bad cold. the employer may have to take the place to work and free people to protect them. Three motives can
employee's word on it. and bad colds are much more frequent than be isolated in the Roman material: economic. religious. and
trips to the hospital. political. Slaves wanted to change masters to get better treatment
or more access to goods. or they sought liberation among fellow
Christians. or they reacted to barbarian invasions or other insurrec-
3. RUNAWA Y SLAVES IN CLASSICAL TIMES tions which disrupted normal relations. 13 Other scholars have felt
that the best thing for the runaway was to find a powerful protector
Other societies with slaves have confronted the runaway. perhaps who would harbor the escapee. The runaway might have had a
nowhere so sharply as in Classical Greece and Rome. where the hard time finding a new economic niche. and that may have
percentage of slaves probably approached a third of the popula-
tion. The phenomenon in Greece must have been a common one'

II There is no study of runaways in Classical Greece, though general studies of
slavery refer to it. See Thomas Wiedemann, Greek and Roman Slavery, (Baltimore and
London: Johns Hopkins University Press, 1981),22, 84-86, 181, and 190, and Yvon
Garlan, Slavery in Ancient Greece, (Ithaca and London: Cornell University Press, 1988),
193-197, and Norbert Brockmeyer, Antike Sklaverei, (Darmstadt: Wissenschaftliche
Buchgesellschaft, 1979), 112, 125. For the game see Mark Golden, Children and
10 See Paul S. Goldman and Robert S. Atkin, eds., Absenteeism. New Approaches Childhood in Classical Athens, (Baltimore and London: Johns Hopkins University
to Understanding, Measuring, and Managing Employee Absence, (San Francisco: Press, 1990),55-56.
Jossey-Bass, 1984), ix, xi. Educational Research Service, Employee Absenteeism: A 12 Ize Biezunska-Malowist, "Les Esclaves fugitifs dans l'Egypte greco-romaine,"
Summary ofResearch, (Arlington, Virginia: Educational Research Service, 1980), 140. in Studi in onore di Edoardo Volterra, 6:75-90, 77-78, 83-84, (Milan: Giuffre, 1971).
Susan R. Rhodes and Richard M. Steens, Managing Employee Absenteeism, (Reading, 13 Heinz Bellen, Studien zur Sklavenjlucht im romischen Kaiserreich, (Wiesbaden:
Massachusetts: Addison-Wesley, 1990),2-3. Steiner, 1971), 156-158.
40 CHAPTER TWO REALITY OF FLIGHT 41

discouraged runaways." Demand for labor fluctuated, and that about the slave system were crystallizing in the south of the
would affect the runaway's chances. United States and in other parts of the Americas. Abolition
movements in the north and in Britain in particular forced slave-
owners to justify their institution, and the movements' publicity
4. RUNAWAY SLA YES IN THE AMERICAS and reputation may have encouraged more slaves to try their luck.
Thus in the nineteenth century one might expect to find more
Analogous to the ancient runaways in motivation were slaves in runaways than previously. One must contrast nineteenth-century
the Americas, although again conditions must have been very conditions, however, with looser structures in earlier centuries,
different in the Mesopotamian and the New World labor systems. when the legal status of Africans was not yet clarified in many
The major difference is the rise ofrace as a distinguishing criterion places and when the colonial cultures may have been less self-
for slavery which was operative in the Americas but seems to have consciously racist and were certainly less efficient at catching
been muted in Mesopotamia. Chattel slaves usually derived from Africans trying to escape."
foreigners captured in battle and thus might be assumed not to Studies on runaway slaves in the American South suffer from
speak the Mesopotamian languages and may have appeared the lack of systematic reporting of the phenomenon. There is a
different. But Mesopotamia was always multicultural and thus can valuable register ofrunaways caught and imprisoned in Washing-
be expectedto have afforded opportunities to "pass" as'free and to ton, D.C., for the years 1848-1863, showing that in the 1850s
disappear into farm and city communities. This difference means equal proportions of women and men fled and were caught,
that it may have been more difficult for slaves in the Americans to although broader studies indicate that the proportion ofrunaways
conceive ofthemselves succeeding in escaping the grip ofwhite- in the United States was between 71% and 91% male. Most
imposed servitude, and it may have kept the numbers ofsuccessful studies must rely on statistical analysis of advertisements in
attempts low. And yet the remarkable thing is that everywhere, newspapers placed by owners for the return of runaways. Owners
regardless ofthe efficiency ofthe slave-holding system, slaves did who advertised may not have been typical, and the cases of their
escape. 15 slaves may not have been typical either. In one analysis of
Another important contrast to Mesopotamia is that we have the information from nineteenth-century Barbados males were found
best information about escaping slaves from archives of the to be disproportionately represented, appearing in 90% of the
nineteenth century of our era, a time in which white opinions advertisements. Skilled slaves there seemed more likely to escape
than unskilled field hands. Many were said by their owners to be
headed toward towns, and only a quarter were said to be going
14 FridoffKudlien, "Zur sozialen Situation des Fluchtigen Sklaven in der Antike," other places in the country, though females ran to such places
Hermes 116 (1988): 232-252,238,250. more than males. Slack months in the agricultural cycle were the
15
Eugene D. Genovese, Roll, 648. In 1850 I,01 I escaped to freedom in the most popular to make an escape. Males were more likely to have
northern states, Canada, and Mexico, but repression reduced the number to 803 in 1860.
Most were men between the ages of 16 and 35.
This is not the place to defend continuity in slavery itself, but see David Brion
Davis, "Looking at Slavery From Broader Perspectives," American Historical Review 16 On the racism see especially Winthrop Jordan, White Over Black, (Baltimore:
105:2 (2000):452-466, 457: "The many metaphorical uses of 'slavery' and Penguin, 1969), and also there the incoherent status of early slaves, 44-100, and in
'enslavement' point to the remarkable stability and continuity of the concept of total somewhat more detail Betty Wood, The Origins ofAmerican Slavery, (New York: Hill
subordination, vulnerability, and animalization." (His emphasis). and Wang, 1997),40-67.
42 CHAPTER TWO REALITY OF FLIGHT 43

been away for longer periods, and rejoining family was noted as The mechanism for guarding against runaways in the American
the goal of many persons ofboth sexes.'? South was the slave patrol, a group ofwhites usually consisting of
In pre-revolutionary Haiti, where one might expect a lot of a captain and three other whites who theoretically ranged over
runaways, a survey shows only 0.5% did flee. Guadaloupe in the large areas at night to catch escapees. The whites were forced to
1780s had 1.5% fled, eighteenth-century rural Bahia in Brazil had serve and had to pay fines if they did not show up, and in most
0.7%, and Domenica in 1813 had 2.3%.18 These figures are ofthe places the patrols "periodically lapsed into passivity." Though
same order as modern absenteeism noted above. frequently incoherent, patrols did manage to strike fear into most
In a boast an overseer in the southern United States in 1828 slaves and thus to prevent more runaways than they caught. When
wrote, "In ten years I have lost by absconding forty-seven days, we hear ofMesopotamian efforts to patrol, we should be cautioned
out of nearly six hundred Negroes" by providing them garden not to assume that they were any more efficient."
plots to grow supplemental food. This does not lend itself to Jose Alipio Goulart quotes a provincial president in Brazil in
precise calculation, but the percentage ofwork missed is very low, 1860 as saying, "Flight is inherent to slavery. It is one of its
on the order of 1.3%.19 natural correctives." Also Goulart notes that slaves sometimes
Franklin has underlined the implications ofrunaway studies for escaped slavery by suicide, not just by flight. This extreme form
the history of freedom. Franklin writes that "the happy slave of escape is not directly known in Mesopotamia, but not all the
syndrome" described by some scholars argues that most slaves dead persons oftexts listing the fled and dead may be from natural
were not interested in leaving their places and status. But he causes."
suggests, referring to manumission and the ability of some Many things were different in Mesopotamia, and the mecha-
American slaves to hire out their own time as independent nisms for spreading news and ideas were certainly much more
workers, that "To deny that such actions inspired slaves to want to rudimentary. We must ask whether conditions for escape, clearer
be free is to deny them the essential humanity that others in the American examples, can be understood to have applied in
possessed.?" The incidence of running away shows that some some Mesopotamian situations. The key variable is what direction
certainly asserted this humanity, as understood in the terms ofthe the people were going, and perhaps we can assume that the
society in which they worked. escapees' heading toward family would have been very common,
and that most families would have lived in the countryside. And
if family groups escaped, they must have been usually heading
17 John Hope Franklin, "Runaway Slaves," American Visions 6: 1(1991): 30-31. For either toward relatives or toward rural areas not controlled, or not
the higher proportion of males in the United States see John Hope Franklin and Loren closely controlled, by the governmental entities they were seeking
Schweninger, Runaway Slaves, (New York: Oxford University Press, 1999), 211-212.
On Barbados see Gad Heuman, "Runaway Slaves in Nineteenth-Century Barbados,"
to escape. In periods of political fragmentation, which were the
in Leonie J. Archer, ed., Slavery and Other Forms of Unfree Labor, 206-224, (New norm in Mesopotamia, they may have sought to go to rural areas
York: Routledge, 1988).
18 See David Geggus, "On the Eve of the Haitian Revolution:
Slave Runaways in
Saint Domingue in the Year 1790," in Out ofthe House ofBondage, edited by Gad
Heuman, 112-128, 117, (London: F. Cass, 1986).
21 See Eugene D. Genovese, Roll, 617-618. Compare lA. Brinkman, "Forced Labor
19 If slaves worked about 350 days a year--probably a high estimate. The boast is in the Middle Babylonian Period," Journal ofCuneiform Studies 32 (1980): 17-22, 17.
quoted in Eugene D. Genovese, Roll, 539.
22 Jose Alipio Goulart, Da Fuga ao Suicidio, Aspectos de rebeldia do escravas no
20 Franklin, "Runaway," 30.
Brasil, (Rio de Janeiro: Conquista, 1972),26, 123.
44 CHAPTER TWO REALITY OF FLIGHT 45

nominally ruled by rival states, although the political information ofanother rather successful maroon state in southern Mesopotamia
available to peasants may have been minimal. from a later period, that constituting the Zanj rebellion, which held
Was it easy to slip away? In most periods the answer is out in the swamps of southern Mesopotamia from 868 to 882
probably yes. Even if one could not easily find another agricul- against the armies of the Abbasid caliphate." Obviously the Zanj
tural niche, one could throughout the region slip off to join caught the attention ofthe rulers. But unless maroon communities
nomads who pastured on the fringes ofthe cultivated areas in the create states or at least unless they take to destructive and success-
summer and retreated into the Syrian and Arabian Deserts in the ful raiding on the dominant society, that society is not likely to
wetter winter. We know that sedentary farmers who were not take notice ofthem, and that may be the case, even ifthey existed,
trying to escape did this when their agricultural luck ran out, and in Mesopotamia. At this point, given the existence of a culture of
it makes sense that people trying to escape oppressive labor escape, one should simply be aware ofthe phenomenon and try to
systems would too. be sensitive to its possible manifestations.
There were prisons in some periods to hold persons arrested, The tortured etymology of the city of Girsu, and the very odd
but they were apparently only used to house people accused of political history it had, might conceivably have had something to
crimes before trial. Running away may have been a crime, but do with a foundation by prisoners or escapees." Jacobsen tried to
punishments for convictions were usually not jail sentences but explain the name as meaning "naked prisoners." The name might
monetary or labor punishments.P . be connected to the fact that Girsu, though an old an important
In the Americas a culmination ofthe runaway phenomenon was center, as we can see from preserved texts, was omitted from the
the maroon community, a village composed entirely ofpeople who Sumerian King List and not regarded by scribes in Nippur as a
had escaped from slavery. Such villages could survive, sometimes distinguished Mesopotamian city. But etymology is not a strong
for years, against the concerted efforts of slave holders, if the argument, and other places have idiosyncratic political histories.
villages were located in inaccessible swamps, forests, or moun- Who fled? We are interested in at least three social categories
tains. The most famous maroon community, Palmares, constituted of persons, the nominally free, the clearly slave, and the debt
an independent state in Brazil and lasted from about 1650 to 1694 ,
when it was finally rooted out. 24
Are there traces of such communities in Mesopotamia? 25 The primary source is The History ofal-Tabari; volume xxxvi, The Revolt ofthe
Zan}, translated by David Waines, and volume xxxvii, The "Abbiisid Recovery,
Perhaps the example ofnearby nomads would militate against the
translated by Philip M. Fields, (Albany: State University of New York Press, 1992,
creation of such communities, and the riverine terrain at least in 1987), and compare Alexander Popovic, The Revolt ofAfrican Slaves in Iraq in the
the most fertile regions would not encourage hiding. But we know 3rd/9th Century, (Princeton: Marcus Wiener, 1999).
26 T. Jacobsen, "Some Sumerian City Names," Journal ofCuneiform Studies 21
(1967): 101-103, suggesting Girsu means "naked prisoner" and began as a settlement
of prisoners ofwar, 101, who were always closely connected to slavery, though not all
23 See for earlier references Miguel Civil, "On Mesopotamian Jails and Their Lady were enslaved. But note that Chicago Assyrian Dictionary N 1:336, says the meaning
Wardens" in The Tablet and the Scroll. Near Eastern Studies in Honor ofWilliam W. is unknown for naqmii, which Jacobsen saw as "captivity." W. Von Soden, Akkadisches
Hallo, edited by Mark E. Cohen, Daniel Snell, and David Weisberg, 72-78, (Potomac, Handwiirterbuch, 744, sees the meaning as possibly Brenneisen, "firing iron," which
Maryland: CDL, 1993). would be irrelevantto Jacobsen's view. On Lagas-Girsu' s odd history see E. Sollberger,
24 "The Rulers of Lagas," Journal ofCuneiform Studies 21 (1967): 279-286. It may not
See R.K. Kent, "Palmares: An African State in Brazil," in Maroon Societies:
have been included in the King List because it, like Umma, was in territory belonging
Rebel Slave Communities in the Americas, edited by Richard Price 170-190 to the Old Babylonian kingdom of Larsa, a rival of Isin, where the List may have been
(Baltimore: Johns Hopkins University Press, 1979). "
composed.
46 CHAPTER TWO REALITY OF FLIGHT 47

slave. It might be argued that there was a distinction between debt Akkadian language, though the rest of the text is in Sumerian.
slaves and other slaves and that most manumissions, for example, Here we see that the slave community knew what had happened,
concerned people who were serving to work off a debt and not and one oftheir numbers was willing to confess it. The slave had
people of possibly foreign extraction held for perpetual service. run, not to his family in the countryside, but to another city. The
Hammurapi and the Hebrew Bible did legislate leniency for the purpose ofthe document is not clear; perhaps it was to be used in
debt slave and limited the years ofservice. In the Middle Assyrian a court case against the slave, but the chief witness is unnamed.
Laws it is clear that a debt-slave could be sold as a permanent The fact that the last line is broken keeps us from knowing if
slave." The terminology does not distinguish how slaves became perhaps the text was an order for some official to pick up the
slaves, and for purposes of studying escape there seems to be no errant slave. Certainly the text shows that running away was a
means to discern the distinction. The variety of forms of unfree ruling class concern, and sometimes the leaders could count on the
labor in other societies argues that there have been more distinc- cooperation of the oppressed in recovery of those who had
tions in social and legal practice than we can now define. But escaped."
many people wanted to get away. The problem of escape was also noted at approximately
contemporary Ebla in northern Syria. Though the text is broken,
an interesting entry shows someone, perhaps a messenger himself,
5. EARLY MESOPOTAMIAN ESCAPE connected with the wife of the king escaping with supplies for
messengers."
From the Early Dynastic period there are a few texts indicating
that escapes had been made with success. We have from the city
of Suruppak around 2500 B.C.E. texts listing as many as 108
persons fled." Here as elsewhere the motive for absence is
unknown; it may have been a sort ofmass strike to avoid work, or
29 Dietz Otto Edzard, Sumerische Rechtsurkunden des Ill. Jahrtausends, (Munich:
it may have included personal reasons not obvious even to Bayerische Akademie, 1968), text 83, 137-8, reedited by Aage Westenholz, Early
contemporary observers. Cuneiform Texts in Jena, (Copenhagen: Munsgaard, 1975), text 50,36-37:
Most interesting is the apparently legal text in Old Akkadian [1] Lugal-a-zi-da
script, from about 2200 B.C.E. which reads: "Lugal-azida, the ir ll Lugal-ki-gal-Ia
ensi-da
slave ofLugal-kigala, ran away from the city-governor. Then Ur- in-da-zah
Nigin's slave girl disclosed the place to which he had run away: 5. ki-zah-a-na
'He is in Maskan-sabra; let them bring him here...'" The interest- geme Ur-nigin
ba-du.,
ing thing about the text is that when the slave girl speaks, it is in in MaS-ga-niki-P[A].AL
u-sa-ab
li-ru? -u-nim ...
Compare also listing the fled and dead workers, Piotr Steinkeller, Third Millennium
27 Middle Assyrian Laws paragraph 7, Roth, Legal, 170; for the texts on leniency Legal and Administrative Texts in the Iraq Museum, Baghdad, (Winona Lake, Indiana:
see Chapter Three, 86, note 43 below. Eisenbrauns, 1992), text 45, 81-83.
28 Raymond Jestin, Tablettes sumeriennes de Suruppak, (Paris: Boccard, 1937), 30 Edmond Sollberger, Administrative Texts Chiefly Concerning Textiles = Archivi
554,780, and Anton Deimel, Die Inschriften von Para, 3, Wirtschaftstexte aus Para, reali di Ebla Testi 8, (Rome: Missione archeologica italiania in Siria, 1986), 534:
(Leipzig: Hinrichs, 1924),99, with 19 men fled who were supposed to get flour rations. paragraph 48: [...Jije-sud, zab, in nig-kas.-kas.. On ije-sud's identity see ibid., 24.
48 CHAPTER TWO REALITY OF FLIGHT 49

6. UR III ESCAPE in the broken text 21, or 2%, were fugitives, and 37, or 3%, were
old. The runaways appear in the Plow Oxen Work Group and the
The first thing that must strike one about the texts from the Ur III City Governor's Work Group, but not in the other two groups.
period (2112-2004 B.C.E.) is that there are so few of them. One The jobs or characteristics of those who fled included:
would think that because forced labor was so widespread in the young males 3
records, escape from it would have been quite common. The lack workmen 12
of mention might indicate that there was little escape, either smiths 3
because of a guard system or because of an ethic that laboring for policemen 3.
the government brought intangible benefits that were worth the It is of interest that young males fled since that is common in
eff~rt. It is possible that such a work ethic existed; certainly flight in other cultures, and also that some skilled smiths fled.
scnbes would have been quick to advance it. But the major reason These persons may have had skills to earn a livelihood outside the
for labor record-keeping appears to be the assignment of rations government service that this list presumably represents. On the
usually in grain. Thus it may have been in the interest ofoverseers other hand most who fled were simply workmen. The issue ofthe
to appear to have a full contingent ofworkers even when they did fleeing "policemen" raises the question of whether we are
not: It is a little l~ke voting in the city of Chicago in more corrupt correctly defining the apparently military term a g a - us. In some
penods of Amencan history; the dead could be voted, and the other cultures enforcers ofnorms, ifthat is what these were, could
runaways. The Ur III supervisors' return was more concrete, in be expected to keep their places and to support the system. The
the form of grain not distributed. Athenian example, where the police were foreign slaves who
Some texts, however, do mention runaways. I certainly have initially at least spoke no Greek, cautions that that is not univer-
not found all mentions ofescape, but I have found some intriguing sally true, or perhaps we should simply say, as in nineteenth-
texts. We must ask ourselves why these documents were com- century Britain, "A policeman's lot is not a happy one.'?'
posed when i~ may have been in the bureaucrats' interest to keep One sort oftext indicates that there was some sort ofsystem for
the matter quiet. It may take the reconstructing ofwhole archives patrolling for runaways and for retrieving them. Texts like Sigrist,
ofw~~h the texts were a part to answer the question definitively, Syracuse 259, show that a porter had been returned (literally:
and It IS not my purpose in this study to attempt to do that. Still "completed") by the guard or watch. Also several texts of the
interesting insights are to be gained from a study of a selection of messenger type, which list rations for messengers for the royal
the texts. establishment, note the goal of a particular messenger was "to go
L~ger 115 is a large text, now lost, probably undated, but to seize the person who fled."32 These texts confirm that the
certain from Ur III Umma, summarizing the status of three work bureaucracy would have liked to be able to return runaways.
grou~s .and part of a ~ourth, allocatin.g rations to persons by job
and listing runaways. Ofthe approximately 1396 persons listed
3\ For Athens see Dwight MacDowell, The Law in Classical Athens, (Ithaca:
Cornell, 1971), 83. On the a g a - Us see Debra A. Katz, "A Computerized Study of the
AGA.US of the Ur III Period," M.A. thesis, University of Minnesota, 1979.
30 See Snell, "The Lager Texts: Transliteration, Translation, and Notes," Acta 32 Compare Sigrist, Messenger, 41:2 and Hussey, Harvard Semitic Studies 4:82.
~umerol0i!ica 11 (I ~89): 155-224 to Snell and Carl Lager, Economic Textsfrom Sumer For transliterations and translation of these and subsequently mentioned texts see
- Yale Oriental Series 18, (New Haven and London: Yale University Press, 1992). Appendix I, which I hope will ease understanding for specialists.
r
50 CHAPTER TWO REALITY OF FLIGHT 51

Yoshikawa, Acta Sumerologica 9:307, shows a mill-worker who one. A high status woman would find a warmer welcome than an
escaped from an official's guard. The official had to do menial ordinary runaway, and there may have been ambiguities ofspousal
work as punishment for his lapse; the escapee seems to have abuse and other community-dividing acts, which may have made
remained at large.
the worthies think protecting the woman would not bring punish-
Frequently in connection with runaways texts note their ments.
familial relations to other named persons. An example is Szlech- Gomi, Selected Texts 333, shows a two-fold escape by a group
ter, Tablettes Juridiques et Administratives 40, which also consisting of a mother, her son, and apparently another man.
indicates that the guard had retrieved persons, one of whom was Another woman is noted as "an old escapee," and two other
called the brother of a city governor. This text raises the issue of escapees are described only as children ofthe persons escaped but
the status of runaways; obviously not all of them were slaves or returned. This is not just a list since witnesses "confirmed the
dependent persons. The bureaucracy might brand as a runaway service status for the palace." There seems to have been some
someone who merely had deserted his post. A similar text is question about whether these persons were obligated to serve, and,
Nikol'skii, Dokumenty 436, where almost everyone was identified though administrators had only a couple of them who had not
as a child of someone else. It is possible that this is the record of made good their escape, they wanted to affirm their obligations."
the escape ofchildren, but it seems as likely that the parents were Myhrman, Babylonian Expedition 3:1, records an oath by a
held responsible for the truancy of adults involved, and the slave, and his mother and sisters were the guarantors that he would
recording ofthe family connection would assure that things would not flee. This may imply that the slave already had fled to be with
go ill for the relatives.
his family, but, perhaps because he was enslaved for their debts,
The issue of status also is not clear in the remarkable text . ~
they were forced to swear that he would not flee.
Genouillac, Textes Cuneiformes du Louvre 2:5481, which <;ig and Kizilyay, Verwaltungsurkunden 1, have a slave who
chronicles the twofold flight of a woman and where she slept escaped and had his eye or eyes put out. He took an oath that ifhe
when she left the house. Before witnesses she then swore that she fled again, he would be destroyed. The witnesses were not clearly
would not flee again. This unusual text may include as a witness related to him. The mutilation for escape finds a parallel in an Old
~he king's own wife, Sulgi-simti, if her name is abbreviated as Babylonian text noted below."
Simti, so the milieu may be royal and exalted.33 The woman
succeeded in escaping twice and in passing some time each time
apparently in the homes oflocal worthies. It cannot have been too
hard to do, if one were able to convince the worthies to protect
34 Compare too Adam Falkenstein, Die Neusumerischen Gerichtsurkunden, text 41,
2: 67-69, from Lagas, where the wife and daughters of an executed murderer, enslaved
as part ofthe murderer's punishment, escaped, were caught, and judges reaffirmed their
slave status.
33 But the queen's name is usually written dSul-gi-si-im-tum. See Marcel Sigrist, 35 Piotr Steinkeller, Sale Documents of the Ur-Ill-Period, (Stuttgart: F. Steiner,
Drehem, (Bethesda, Maryland: CDL, 1992), 222-246, for the woman and her 1989),68-70, notes that warranty against slave flight was rare in cuneiform documents.
establis~ent. ~ompare the case of a free woman escaping in the Middle Assyrian His text 94 ** exempted a slave seller from responsibility if a slave disappeared or died,
L~ws discussed In Chapter Three below. But the queen's name is usually written dSul_ using Ii - g u ... d e= na 'butu from abiitu "to run away." Compare his text S3, 333-334,
gl-si-im-tum. See Marcel Sigrist, Drehem, (Bethesda, Maryland: CDL, 1992),222-246 where a seller had to deliver another slave girl because the first one sold had escaped.
for th~ woman an~ her establishment. Compare the case of a free woman escaping i~
36 See Raymond Westbrook, "Slave and Master in Ancient Near Eastern Law,"
the MIddle Assynan Laws discussed in Chapter Three below.
Chicago-Kent Law Review 70:4 (1995): 1631-1676, 1670.
52 CHAPTER TWO REALITY OF FLIGHT 53

The status ofthe woman in Gomi, Selected Texts 125, is clearly already been issued. Here the administration clearly had an
slave, and her price is given. Fifteen days after an ordinary sale, interest in ascertaining who was really gone and in recovering
the woman fled. 'Who assumed the responsibility for her is losses.
unclear. A child escaped in Gomi, Selected Texts 519, and there We have an unusually high volume ofdocumentation for labor
was some sort of administrative mix-up there. The city governor practices and problems from the Dr III period. Because of the
had an official look into it, but somehow the report was not put in rarity ofmention ofescape we cannot correlate instances ofit with
order. The child must have remained free. other events, such as economic downturns." But we can draw
As in later slave systems, persons might return to their posts, some general conclusions about it. It appears to occur or at least
perhaps of their own volition, after having asserted their right to be recorded in the following months (numbers indicate instances
leave or otherwise define themselves. Keiser, Yale Oriental Series of escape noted, not numbers of escapees):
4:190 shows a gardener returned and perhaps entered into his
usual place. Month: I U 111 IV V VI VU Vlll
Another sort of text appears to address the problem of Escapes: 2 3 4 2
unallocated rations. Gomi, Acta Sumerologica 3:166, is among the
"fled and dead" texts that try to show what quantities ofgrain have Month: ix x Xl xu X111
not been distributed because of mortality and flight over several
Escapes: 2 3 1 2
months. The text dates from the year Amar-Suena 2, but the
people were a - r u - a "dedicated" apparently by family members
The growing season began in the spring, as did the year, and the
to serve in the administration or temple. In that text there were
harvest would be in months v and vi. This spread seems to indicate
eight fled and eight dead over the period of eight months. King,
that there was no seasonality to escape." There were instances all
Cuneiform Texts 10:28, is another "dead and fled" text, from the
through the year.
city of Lagas-Girsu. Escapes noted by month are as follows:
The following lists genders of escapees:
iii vi vi-xi ix no month
3 2 Ill.
Male 70
We will see below that there is no clear periodicity in Dr III
Female 1340
escape.
children (no gender indicated) 1
Sigrist, Syracuse 36, refers to a big escape, somehow different
from a simple escape in the same text. Perhaps there was a
distinction between short-term escape and permanent or longer-
term running away, as in the New World distinction between petit
38 The downturns are not documented in the price series from the period, but it is
marronage and grand marronage." clear in other texts late in the dynasty. See Snell, Ledgers, 196~20 I, and T. Gomi, "On
Legrain, Ur Excavation Texts 3:1018,seems to show rations for the Critical Economic Situation at Ur Early in the Reign of Ibbi-Sin," Journal of
dependent women who had fled, and the grain and wool had Cuneiform Studies 36 (1984): 211-242, and K. Maekawa, "Rations, Wages and
Economic Trends in the Ur III Period," Altorientalische Forschungen 16 (1989): 42-50.
39 Note there is also an escape in ezen SUlgi, which might be month vii if from
Lagas or month x if from Umma, Gomi, British Museum 125.
37 See R. Price, Maroon Societies, 3. 40 But note restored Legrain, Ur Excavation Texts 3:1018, with 134 fled.
54 CHAPTER TWO REALITY OF FLIGHT 55

The difference in the rate of escape by women makes good sense 7. OLD BABYLONIAN ESCAPE
when we assume the close connection with child-rearing that
women must have had; they were understandably reluctant to Johannes Renger in his 1972 study examines flight in the Old
leave small children, no matter how unpleasant the work they were Babylonian period (2004-1595 B.C.E.).42 He finds the same kind
called upon to do. of paranoid reaction to the possibility of flight as one finds in
Professions indicated include mill-worker, slave, smith, other slave-holding societies, notably in Cicero's late Republican
silversmith, porter, and gardener; most ofthe rest must have been Rome and in the Ante-Bellum South ofthe United States. Renger
unskilled laborers. This finding is different from the situation in has one Old Babylonian text that lists those "fled and dead," with
Barbados, where the skilled were more likely to escape, probably 3.2% fled, or 3 of93.43 Also he notes an interesting call in an Old
because they had better connections to the world ofwage employ- Babylonian letter for a pass system to control flight, though
ment than farm laborers." perhaps only for a particular set of military personnel. The text
Escape was clearly tried by all sorts ofpersons, some perhaps reads as follows:
not even in particularly oppressive situations. In the texts
collected we do not see any clear indication ofgroup flight, but the To War'um-magir speak! This is what your lord says: Among the
emphasis in several texts on filial and even fraternal relationships rakba, fugitives established themselves. I took counsel with myself
ofthose who fled does imply that family played a large role in the as follows: this is what I thought: Yes! Fugitives have established
administrations' views of what was going on. In the interesting themselves. (And yet) a rakbum who goes to his village--unless he
case of the woman who had to swear after two escapes that she obtains a document with my seal, he must not go! This (counsel) I
would not try it again, we see that she had fled to the houses of took and I wrote you accordingly. From now on a rakbum who can
two men who were not obviously related to her. But our com- show you a document with my seal may stay in his village and may
enjoy his house and his field. And as long as he stays, the house is
mand ofUr III prosopography is not firm, and they may have been
settled upon him. Before he leaves, let (a broken personal name)
uncles or cousins.
lead him to the palace and let him bring here the tablet with my seal
We may in general conclude that the administration tried to for his identification. To him who does not have a tablet with my
avoid discussing escape because it made the bureaucrats liable to seal, and comes to you, you must not grant permission to stay (in his
return grain and other rations they could personally use. But the village)! Have him brought to me!
phenomenon was a persistent one that must derive from the lack
ofacceptance by some members ofthe society ofthe idea that they
should work for others.

42 J. Renger, "Flucht als soziales Problem in der altbabylonischen Gesellschaft," in


Gesellschaftsklassen des alten Zweistromlandes, edited by Diezt Otto Edzard, 167-182,
(Munich: Bayerische Akademie, 1972).
43 Renger, "Flucht," 176-7 and n. 32 to H.H. Figulla, Altbabylonische Vertriige
= Vorderasiatische Schriftdenkmiiler 13:104, (Leipzig: J.J. Hinrichs, 19 I4), especially
41 Gad Heuman, "Runaway Slaves in Nineteenth-Century Barbados," 210.
the end of column 3 and middle of column 5.
56 CHAPTER TWO REALITY OF FLIGHT 57

The tablet is sealed by Ibalpiel, king of Esnunna, a city in central 6) Edicts and other social measures, though corvees were
Iraq." This letter shows that such a pass system was not usual and perhaps reduced in the Old Babylonian period under Lipit-Istar,
could not be counted on to control the flight of other persons. thus diminishing the number ofpersons who might be tempted to
Renger notes that except for slaves the Old Babylonian period flee.48
lacks mention of attempts to catch runaways, and he says that in
legal texts the actual consequences of flight seem small, as in All ofthese factors appear important, with the possible exception
Hammurapi paragraphs 30 and 31, where a free man who owed of ideology. But the success of state control probably was
service to the state was gone a year without explanation and was intermittent; more likely it is that the state usually had low
reinstated. Renger admits that the government hardly controlled expectations which could be and were met.
the marshlands, which must have been commonly used as Recently Sophie Lafont published a very interesting text on
hideouts. He also suggests two degrees of flight: 1) going home escape from Mari on the Middle Euphrates in Syria. The text
to one's village, and 2) trying to leave permanently, sometimes probably concerns a free servant of a bedouin leader who escaped
through semi- or full nomadism." with two slave girls to Subartu, a land in the north. The owner
Renger concludes that there was not a great deal of flight and found the escapee and gouged out his eyes, but he then wanted to
suggests reasons for that paucity:" kill him as an example to others. The Mari letter was written
1) Agricultural stability endured from the Pre-Sargonic period because the owner needed royal approval to kill the man, and he
before 2334 B.C.E. into the first millennium; asked his supervisor to request execution. As usual with letters,
2) New immigrants into Mesopotamia changed conditions and we do not know ifhe got permission to kill his servant. This is an
made old tensions seem obsolete, as when the Amorites arrived amazing case not just because it appears to show that the Mari
and replaced some of the inter-city tensions with inter-tribal and king reserved the death penalty to himself. It also shows that
regional tensions; extreme brutality was possible, though the owner felt he had to
3) The sources may avoid speaking of flight, feeling that explain that only his anger impelled him to gouge out the eyes."
discussion would only encourage it;
4) Ideology may militate against it, though Renger finds this
hard to judge. The idea that peasants were serving divinely
48 Ibid., n. 54, and compare on Lipit-Istar, D.O. Edzard, Zweite Zwischenzeit
installed rulers was certainly one the rulers pushed, but did anyone Babyloniens, (Wiesbaden: Harrassowitz, 1957), 96-97, on the prologue to his legal
else buy it? collection, discussed in Chapter Three below.
5) The success of state controls, partly through guarantees of a
49 Sophie Lafont, "Un 'Cas royal' l'epoque de Mari," Revue d'Assyriologie 91:2

family members that the service would be done;" (1997): 109-119. The text is as follows:
a-na be-li-ia qi-bi-[m]a
um-ma I-ba-al-pi-A[N]
IR-ka-a-ma
1 UJ.TOR fJa-ar-di-im fJa-ni-im
44 A. Goetze, "Fifty Old Babylonian Letters from Tell Harmal," Sumer 14 (1958):
5. 2 geme sa-wi-ti-su it-ru-ma
3-78, number 5, 23-24. a-na Su-bar-tim in-na-<bi>-it
45 Renger, "Flucht," 177, 178. u-ka-as-si-is-su-ma
46 Ibid., 181. i-na Su-bar-tim ts-ba-ta-as-su
i-na ap-pl-su
47 Ibid., n. 53.
10. i-ni UJ.TOR-su
58 CHAPTER TWO REALITY OF FLIGHT 59

8. MIDDLE BABYLONIAN ESCAPE extent. Subsequent refugees may have left the sedentary areas and
turned to nomadism. 50
From central Mesopotamia we have references to patrols seeking The causes of the phenomenon ofmass flight may have lain in
escaped laborers, though we do not have a sense yet of the the growing efficiency of kings to control peasant life and of
percentage oflaborers who fled. From Syria and Palestine we have creditors to press for payment of peasant loans. Peasants increas-
frequent references to brigands who left their urban homes and ingly over the course of the period may have acted on their desire
afflicted the little kings of the region. These brigands, termed not to cooperate in these efforts by leaving and joining with
SA.GAZ "murderer" in Sumerian, read /Jiipiru in Akkadian, have brigands. Middle Babylonian kings seemed uninterested in the
been interpreted as refugees. These refugee groups may have "justice and truth" that Old Babylonian kings upheld and first
supplanted nomads as pressure valves for the society, becoming millennium kings supported. This insensitivity may be only
over the period from 1500 to 1200 RC.B. a mass phenomenon. apparent because we do not have extensive royal inscriptions from
Treaties between states tried to check the outflow ofsuch persons Middle Babylonian Syria especially. But the lack of reference to
as we shall see in Chapter Three and may have succeeded to an these values may also derive from a genuine lack of concern on
the part ofruling classes for the downtrodden, who turned to flight
to express their dissatisfaction. Ideas of social justice may have
been kept alive in non-royal circles who came to the fore after the
u-ga-al-li-il
demographic crises around 1200 RC.B. 51
Rev. a-na se-ri-ia In spite of the lack ofreference to such issues in royal inscrip-
il-li-kam-ma tions from the period, archival texts do show that kings sometimes
ki-a-am iq-be-e-em
tried to impose an edict of freedom or remission of debts. We can
15. um-ma-a-mi UJ sa-a-[t]u
lu-du-uk-ma i-na gilga-si-si-im tell because the archival texts try to avoid the edicts' conse-
li-is-sa-ki-in-ma quences. Relevant texts come from Nuzi in central Iraq; they will
wa-ar-ku-um i-na qa-ti-su
li-mu-ur an-ni-tam iq-be-e-em-ma
be considered in Chapter Three below.
20. a-na-ku ki-a-am a-pu-ul-su Archival texts from Middle Babylonia have several instances
um-ma a-na-ku-ma of flight. Once an Blamite fled. Another text shows a long-term
[b]a-lum be-li-ia mi-im-ma
[u]-ul te-ep-pe-es
flight lasting about nine years of absence. Texts from contempo-
a-na be-li-ia lu-us-pu-u[r]-ma
ma-li be-li i-qa-ab-be-e-em
lu-pu-us an-n[i-ta]m a-pu-ul-su
an-ni-tam la an-ni-[tam b]e-Ii li-is-pu[ -ra]-am 50 lA. Brinkman, "Forced Labor in the Middle Babylonian Period," Journal of
Cuneiform Studies 32 (1980): .17-22. Mario Liverani, "Il Fuoruscitismo in Siria nella
Say to my lord: Thus speaks Ibal-pi-El, your servant. tarda eta del bronzo," Rivista Storica Italiana 77 (1965): 315-336,317,323-326,328-
4-5 A young man of Hardum the bedouin accompanied two slave-girls, friends of his, 329, and his "The Collapse of the Near Eastern Regional System at the End of the
and he fled to Subartu. 7. Uardum rejoined him and seized him in Subartu. 9. In his Bronze Age: The Case of Syria," in Centre and Periphery in the Ancient World, edited
anger he gouged the eyes ofhis young man. He came to find me and said, "I want to kill by Michael Rowlands et al., 66-73, 69, (Cambridge: Cambridge University Press, 1987).
this man and he should be placed on a pole that everyone after learn from his example." See in general Jean Bottero, "Habiru," Reallexikon der Assyriologie 4 (1972-1975): 14-
19. This is what he said, and I responded thus: "Without my lord, you cannot do 27.
anything. I will send to my lord, and I will do all that my lord says." Here is what I 51 See in addition to the studies cited above M. Liverani, "~yaYK e MI~QP" in
responded to him. May my lord write me what should happen. Studi in onore di Edoardo Volterra, 6: 55-74,63, (Milan: Giuffre, 1971).
60 CHAPTER TWO REALITY OF FLIGHT 61

rary Ugarit promise that the slave-buyer will get the money for a In this period there were three kinds of slaves, at least as far as
debt-slave from a guarantor if the slave should flee. Also of their legal status goes: slavesin private households, temple slaves,
interest are the texts in Nuzi where lUlpiru-brigands enter slavery and royal slaves. We have little information about royal slaves,
presumably to pay off their debts." and the temple slaves were definitely a minority of all slaves.
One can see in general that in spite of the comparative weak- There were also dependent persons of various designations who
ness of the states of the period, the phenomenon of flight became may not have been so important in the labor force as in earlier
more important than before and even became, in the case of the periods. Free persons ofmoderate means might own three to five
biipiru, a mass phenomenon threatening the existence ofsome of slaves, and the number of slaves was much larger than in earlier
the states. periods. The Books of Ezra and Nehemiah show that Jewish
exiles returning from Babylon had slaves who constituted between
a sixth and a fifth of their number." This ratio may be indicative
9. NEO-BABYLONIAN ESCAPE of the percentages in the Babylonian population as a whole,
although in Dandamaev's count there are about 45,000 persons
Muhammad A. Dandamaev produced a massive study of slavery attested in the texts of the period, and 1400 were slaves of one
in Babylonia which looks at the institutions of slavery in the late sort or another while 200 were other dependent persons, for a
period, from 626 to 331 B.C.E. Though he does not focus on percentage of 3.5%, much lower than the returning Jews' 16 to
runaways, he has numerous references to them and the responses 20%.
of the bureaucracy of that time to the problem." In the Neo-Babylonian and Achaemenid Periods there were
frequent references to runaways. One notorious runaway, Bariki-
iIi, confessed that he made two escape attempts; in the second he
52 H.P.H. Petschow, Mittelbabylonische Rechts- und Verwaltungsurkunden der successfully posed as an official in the service of a free man. He
Hilprecht-SammlungJena, (Berlin: Akademie, 1974), text 8, 26-7, and 32-3, and text
20, 50. For Ugarit see texts in CAD A 1:46c. See in general M.1. Mirzoiev, "0 rabstve
remained abroad many days before he was found. Earlier when he
v kassiskoi Vavilonii," VestnikDrevnei Istorii 4 (1988): 109-131. For the Nuzi texts see was sold, it was for 23 sheqe1s of silver though most slaves
Moshe Greenberg, The Ijablpiru, (New Haven, American Oriental Society, 1955),23- fetched a whole mina, or 60 sheqels."
29.
Harborers continued to find it advantageous to take in runaway
Note the phenomenon was found in New Kingdom Egypt, as noted by Wolfgang
Heick, "Sklaven," Lexikon der Agyptologie 5:7 (1984): 982-987, 984: "Wieder slaves. In earlier periods legal collections, which we will look at
eingefangene fluchtige Sklaven wurden zum Tode verurteilt. Trotzdem durften sich in in Chapter Three below, demanded punishment for harborers; this
den entlegenen Gegenden wie den Oasen Banden gefluchteter Zwangsarbeiter (I;zsbw) appears not to have been the practice in later times. 56
wie auch von Sklaven gebildet haben, deren Bekampfung durch die Polizei belegt ist.
(Runaway slaves recaptured were sentenced to death. In spite ofthis in regions hard of The practice of branding some slaves continued, and owners
access like oases bands couldbe formed by escaped forced laborers and also slaves, and wrote their own names on the slaves' hands. Not all slaves were
the struggles of the police against them are attested)." Thus runaways and maroon
communities were known.
53 Slavery in Babylonia, (Dekalb, IlIinois: Northern IlIinois University Press, 1984),
438-439,442-443,446,459 n. 498,490-499,505-507,509,511,513-514,533,537 n.
translating the 1974 Russian volume. The index to the English edition is quite
101,539,547,589-591,598-599,624,638-640,651, and 659.
inadequate on this issue under the topic Slaves, Temple, escapes of, 833, which has only
54 Dandamaev, Slavery, 216-218.
two entries. In fact I found references to escapees, including a few free persons, on the
following pages: 119, 129, 140, 153 n. 84,154-156, 159n. 90,161,163 n. 97,165-166, 55 Ibid., 221-222.
184,215,217,220-228,235-237,272-3,296,330,382,386 n. 402, 392,421 n. 439a, 56 Ibid., 223, 227.
62 CHAPTER TWO

labeled in that way, but some who had been sold frequently had
the names of three owners on their hands. 57 CHAPTER THREE
Temple slaves were fewer in number, but they were worked in
larger groups and were continually involved in escape attempts. THE IDEOLOGY OF FLIGHT AND FREEDOM
Among the privately held slaves individual escapes predominated,
but among temple slaves there were group attempts. 58 If some of the common people fled, to fates not perceivable with
Slaves who were caught sometimes were put in chains and our available documentation, we must ask ourselves what the
worked in special prison-like workhouses, run both by institutions literate elite and their masters who set policy believed about flight
and sometimes by rich individuals. Since most slaves were of and freedom. There is always the possibility that the written record
local origin and most may not have been branded, it is easy to see does not display the real range of emotions connected with flight,
that slipping away into the community might have been easy. 59 and that there was more ambivalence of feeling, especially when
And clearly not everyone who was caught was thrown into a high-status women and men fled. Here we will look at several
prison workhouse. Efforts to recapture slaves seem to have been genres of texts that were more or less officially sanctioned in
haphazard. which we find elites expressing themselves.'
We can in general say that escape from work was a continuing
phenomenon in the periods of Mesopotamian history that have
been studied. Although it was not an overwhelming problem to I. EDICTS
the bureaucrats of any documented period, with the exception of
the Syrian area in the late second millennium, where the bapiru We cannot be sure that royal or authoritative statements that seem
roamed, it was certainly an undercurrent that appears to assert that similar to us would really have been seen as similar by the
at any time many Mesopotamians were unwilling to submit ancients. We are not even certain of how the material preserved
themselves to the discipline that made for civilization at one level in Sumerian may have affected material preserved in Akkadian.
but that also denied them rights and freedoms which they cher- As we range to other languages and cultures, we are self-con-
ished. These were not philosophers or political theorists, of sciously collecting material that appears to us similar. But our
course, and it would be wrong to overinterpret their acts. To goal is not to posit the existence of a coherent tradition of elite
understand them more fully, we must now tum to the ideology as concern for freedom but rather to note the wide-ranging evidence
expressed by the literate elite. that at various times and places rulers boasted of advancing
freedom.

) In a sense Moshe Weinfeld's sprawling survey, Social Justice in Ancient Israel


and the Ancient Near East, (Jerusalem, Minneapolis: Magnes, Fortress, 1995),
expanding his 1985 Hebrew work, is an attempt to explore the ideology, but the range
57 Ibid., 229-231. of terms in which he is interested is broader than here, although many of the texts he
58 Ibid., 490, 496-497, 499, 651. adduces are also of interest for us. Compare B.R. Foster, "Social Reform in Ancient
Mesopotamia," in Social Justice in the Ancient World, edited by K.D. Irani and Morris
59 Ibid., 159-160,497,659, 103. Silver, 165-177, (Westport, Connecticut and London: Greenwood, 1995).
64 CHAPTER THREE IDEOLOGY 65

An early example ofthe concern for freedom appears in a royal of their reigns, in special edicts, ofwhich parts ofthree have been
inscription from pre-Sargonic Lagas that may be dated around preserved from the Old Babylonian period. The term "setting
2500 B.C.E. The ruler Enmetena boasted that he "canceled freedom" occurs more widely, though, in names given to years,
obligations for Lagas, having mother restored to child and child and we believe that there may have been many more ofthese acts,
restored to mother. He canceled obligations regarding interest- even if they did not eventuate in written edicts that have come
bearing loans." His language plays on the literal meaning of the down to us. We mentioned the texts in the first chapter. The
term for the freedoms he was establishing in that he mentions point to reiterate here is that the "freedoms" envisaged may have
restoring children, the etymological origin ofthe term for freedom been very specific and limited, and perhaps of limited durations.
or "canceled obligation." As in most royal inscriptions the point From around 1646 B.C.E. in the Edict ofAmmisaduqa we see two
is to make the ruler look good in the eyes of his subjects and his kinds of material being ordered. On the one hand the text enjoins
gods. We have no archival texts from Enmetena's time that show moral precepts that may be taken as representative of moral
how this decree might have been put into effect, if it was.' thought within the society. On the other hand the text speaks of
The Lagas ruler Uruinimgina used similar terminology in his specific kinds ofloans that would not be allowed, presumably for
reform texts around 2350 B.C.E. : a defined period of time,"
The texts were obviously somewhat removed from practice
He cleared and canceled obligations for those indentured families, since they came from kings in legal systems where most decisions
citizens of Lagas living as debtors because of grain taxes, barley were made by panels of elders who apparently did not feel bound
payments, theft or murder. by royal edicts but perhaps more by precedent. The exact function
of the edicts in the legal system may have been ambiguous since
We know something of the political contexts of these statements. there is evidence some aspects ofthis sort oflegislation did in fact
The ruler was facing an increasingly desperate fight with a parallel practice, while other aspects did not. 5
neighboring city-state and wanted to assure support for his regime In what sense did the decrees and the sometimes associated law
from people previously downtrodden.' . codes establish freedom? They limned out restrictions on official
The kings of Mesopotamia from the Dr III period on periodi-
cally mentioned "setting freedom," sometimes at the beginnings

4 The basic study is Fritz R. Kraus, Kiinigliche Verfiigungen in altbabylonischer


Zeit, (Leiden: Brill, 1984). Compare Dominique Charpin, "L'anduriirum a Mari,"
2 See Jerrold S. Cooper, Presargonic Inscriptions, (New Haven: American Oriental MA.R.I. 6 (1990): 253-270, where he argues that though there are no such edicts from
Society, 1986),58, his La 5.4, 67 on the word play. The text, in Horst Steible, Die Mari, references in archival texts to events "after the anduriirum" show something
altsumerischen Bau- und Weihinschriften, (Wiesbaden: Franz Steiner, 1983), I: 268- similar was going on. On the relations of the edicts to each other see W.W. Hallo,
269, number79, runs a m a g i , Lagaskie-gar, ama dumu i-ni-gi 4
v "Slave Release in the BiblicalWorld in Light of a New Text," in Solving Riddles and
dum u a m a i - n i - g i 4, a m a - g i 4 S e - u rs - rae - gar. Untying Knots. Biblical, Epigraphic, and Semitic Studies in Honor of Jonas C.
3 Cooper, Presargonic, 73; Steible, Weihinschriften 1: 308-311 : 12 : 13- 22: Greenfield, edited by Ziony Zevit, Seymour Gitin, and Michael Sokoloff, 79-93, 79-81,
dum u Lag a Ski, u r, - rat i -I a, g u r - g u b - b a, s e - s i - g a, n i g - z u (Winona Lake, Indiana: Eisenbrauns, 1995).
b - a, sag - g i s - r a - a, e- bun - b i, e - I u b, a m a - g i 4 e - gar, following 5 Rivkah Harris, "The Naditu Laws of the Code of Hammurabi in Praxis,"
Cooper's suggestion to read e- bun, 74, n. 26. For the politics see Horst Klengel, et Orientalia Nova Series 39 (1961): 63-69, and Herbert Petschow, "Die [Paragraphen] 45
aI., Kulturgeschichte des alten Vorderasien, (Berlin: Akademie, 1989), 51-52, and und 46 des Codex Harnmurapi. Ein Beitrag zum altbabylonischen Bodenpachtrecht und
Jerrold S. Cooper, ReconstructingHistoryfrom AncientInscriptions: the Lagash-Umma zum Problem: Was ist der Codex Harnmurapi?" Zeitschrijtfir Assyriologie 74 (1984):
Border Conflict, (Malibu: Undena, 1983),33-36. 181-212.
66 CHAPTER THREE IDEOLOGY 67

intervention in the lives ofindividuals. They did not usually speak In the Hittite area is an instance ofa king' s boasting of freedom
ofreforming previous abuses, but Uruinimgina had done just that that was manifestly incomplete. The Old Hittite King Hattusili I
earlier. So one could say that no general charters ofincreased civil (1550s RC.E.) conquered a North Syrian area called Hahhu and
liberties were envisaged, but the enactments did aim for improve- claimed:
ment in economic life and in the lots of persons who had previ-
ously been oppressed. I, the great King Tabarna, have taken the grinding stones from the
When the treatment of actual slaves was considered, edicts hands of the female slaves and the work from the hands of the male
were not supportive of freedom for slaves. As noted in Chapter slaves, and I freed them from contributions and corvee. I have
One, Samsuiluna's short and poorly preserved edict makes it clear loosened their belts and given them to the Sun-goddess of Arinna,
that actual slaves were not to be freed by the edict, and my lady.
Ammisaduqa' s paragraphs 20-21 state that though the king wanted
to free persons who had been pawned for a loan, other slaves were The Akkadian version of the text adds: "Under the sky I have
not to be freed by the edict. established their freedom." But rather obviously they were free
Outside of central Mesopotamia, though we lack the edicts only of their former labor, not of their bondage in general."
themselves, we can see that a similar kind ofremission must have The edict of the last significant Hittite King, Tudhaliya IV
been promulgated. Some Old Babylonian period Alalak:h texts (1265-1240) implies a release ofdebts which was petitioned for by
from northern Syria are contracts that seek to protect the parties a group ofcitizens, the men ofHatti. 9 The actual decree ofrelease
from interference in their agreements; the cliche is that "the silver must have stood in the now broken section column I: 13-16. The
shall not be reduced, or subject to a freedom edict.:" next column addresses instances where releases would not be
From somewhat later in the same period from Hana on the allowed including land that had been pledged (11:1-2) and blood
middle Euphrates we have in the context of real estate deals a ransom (II: 3-6). Punishments for theft were not to be affected by
similar phrase: This is a field "which cannot be reclaimed or the edict (II:8-10). But a slave who had been punished for theft by
(subject to) remission ofdebt." Also there is a year name promul- blinding would be released to his master (11:11-15). Later
gated by a king of Hana that announces that it was the year in passages related to royal granaries that had been unlawfully
which he set a remission in his land. Also a king of Hana with a opened (III: 3-11). Naturally having only one such decree from
Kassite name had a year name in which he established ''justice,'' this language area makes it hard to judge the reality of the
me-se-ra, which may mean about the same thing; the same king in measure. The other Hittite edict, that of Te1epinu (1525-1500
another year name proclaims he established ''justice'' a second RC.E.) regulates administration and the rules ofroyal succession
time, meaning it had not worked too well the first time.'

8 Translations after Erich Neu, Das hurritische Epos der Freilassung I, (Wiesbaden:
6 David J. Wiseman, TheAlalakh Tablets, (London: British Institute ofArchaeology
Harrassowitz, 1996), 11-12. Does the Akkadian phrase mean to make the statement
at Ankara, 1953),29:9-11 kaspum u-ul us-sa-ap u-ul it-ta-ra-ar, and among others more general? See Fiorella Imparati, "L'Autobiografia di Hattusili I," Studi Classici e
65:6-7, a slave woman shall not be freed, i-na an-da-ra-ri-im, u-ul i-na-an-da-ar. Orientali 14 (1965): 44-85,79,82.
7 See Kraus, Verfiigungen, 99-100, and the contract clauses in Olivier Rouault 9 See R. Westbrook and R. Woodard, "The Edict of Tudhaliya IV," Journal ofthe
L 'Archive dePuzurum, (Malibu: Undena, 1984), 13:16-17,14: 19-20,16:21-22 19: 14~ American Oriental Society 110 (1990): 641-659,642. Note Trevor Bryce, The Kingdom
15. ' ofthe Hittites, (Oxford: Clarendon, 1998), dates the king 1237-1209.
68 CHAPTER THREE IDEOLOGY 69

and does not deal with debt release. 10 Because Tudhaliya IV stood us will clothe him...with a garment. But if Tessub is ill(?), each of
near the end of Hittite greatness, it is tempting to see his edict as us will give him fine oiL.We will pour out a heap of grain for him
atte~pti~g to stave off decline, but in fact there is little sign of a and we will redeem(?) him...from dire need(?). We will save him,
declme m state power under his reign, so a simplistic political Tessub, from the creditor(?). But we will make no debt release.13
answer for why the edict was created appears not to work. 11
. The Hittite-Hurrian bilingual referred to briefly above deals The idea seems to be that the wealthy would have been happy to
with the theme of remission of debt, but it is a song presumably come to the aid of either the mythological god or his temple
ab.out a distant .time and the precedents set then. The setting is establishment ifthey really were in trouble, but they saw no need
said to be Ebla In Syria, and the king ofEbla discusses remission to help out mere poor people, in spite of the king' s perception of
with the wealthy citizens, who are opposed to it. They speak: the god's will for social justice to be done. In another part of the
fragmentary text a god, probably the same one, demands the debt
Assuming that we release them, who will give us to eat? They are release:
our cup-bearers...they are our cooks...they spin wool for us! If you
want a debt-release, you must release your own male and female If [you make] a debt release in Ebla, [the city of the throne,] and if
slaves!12 you [make] a debt [release], I will exalt your weapon[s...]. Your
weapons will begin [to conquer]enemies. [Your] plowed land [will
Apparently the Eblaite king, Meki, presented the idea as the will prosper] in glory. But if [you] do not make a debt release for Ebla,
of the ~e~ther-god Tessu~, who had commanded it as "purifying the city of the throne, in the space of seven days I will come upon
you....I will destroy [the city of] Ebla, the city of the throne. I [will
from sm. An eloquent nch spokesman opposed the idea in the
make] it like <a city> that never existed. I will break the surround-
Eblaite assembly, and the assembly refused to authorize a general
ing wall ofEbla's [lower] city like a cup. I will flatten the surround-
debt release:
ing wall ofthe upper (city and make the area) like a garbage dump.14

[If Tessub.] oppressed by debt(?), [as]ks(?) [for help], if Tessub is


Although we do not understand in what context this text was
(e~er). [in d~]bt(?), then everyone [will give] to Tessub. Everyone
preserved, and what it might have meant to Hittites or Hurrians, it
wIlI.gIve [him] a half shekel [of gold], and we will [eachgive] silver
t~ him. But if Tessub is (ever) hungry, then each of us will give to
seems obvious that the eventual fall ofthe ancient and magnificent
him one (measure)ofbarley....But ifTessub is (ever)naked, each of city ofEbla in Syria was being attributed to the insensitivity ofthe
rich toward the poor and their failure to agree to a debt release.
We have notoriously few Hittite archival texts with which we
10 S ' .
11 ee Westbrook and Woodard, 'Edict," 642, and Bryce, Kingdom, 114-118.
might weigh the practical application of the idea of debt release,
. See Bryce, Kingdom, 326-360 on the reign, 358-360 evaluating the king's and this text is placed in what for the Hittites was ancient history,
achievements presumably around 2400 B.C.E. The Hurrian text may be the
12
Harry A Hoffner, Jr., "Hurrian Civilization from a Hittite Perspective," in Urkesh original and the Hittite a translation. This discussion seems to be
and the Hurrians. Studies in H.0nor ofLloyd Cotsen, (Malibu: Undena, 1998), 167-200,
1~2. See.a.lso Neu, l!~os, and his study, "Knechtschaft und Freiheit. Betrachtungen iiber
em ~umtlsch-hethltlsches Textenensemble aus Hattusa," in Religionsgeschichtliche
Beziehungen ~ischen Kleinasien, Nordsyrien und dem Alten Testament, edited by
Bemd.!a~owskl, ~laus.Koch, and Gemot Wilhelm, 329-361, (Freiburg, Switzerland, 13 Ibid., 182.
and Gottmgen: Universitatsverlag and Vandenhoeck and Ruprecht, 1993). 14 Ibid., 182-183.
70 CHAPTER THREE IDEOLOGY 71

suggestively similar to that among Jews under Nehemiah, which Herodotus briefly mentions an edict issued after the Persian
we wi11look at in Chapter Five below. king Cambyses' death in 522 RC.E. by a pretender to the throne:
From Nuzi in central Iraq in the Middle Babylonian period
(1400-1200 B.C.E.) we have references in contracts written "after Forno soonerdidhe come to the thronethan forthwithhe sentround
the proclamation of the remission." Many others speak more to everynation under his rule, and grantedthem freedom from war-
service and from taxes for a space ofthree years.18
vaguely of agreements "after the new edict." As before the idea
was to guarantee that the contract would not be abrogated by an
Another Persian decree about which little is known is referred to
order, probably by the king, that enforced his remission ofdebts. 15
in the Biblical book of Esther, 2:18, referring to Xerxes, around
Further afield is the New Kingdom Egyptian decree of Seti I
480 RC.E.:
(1318-1304 RC.E.) found in Nubia. 16 There the point seems to
have been to limit depredations by Egyptian officials on dependent
Thenthe king gave a great banquetto all his princes and servants; it
laborers working for organizations in the Egyptian town of was Esther's banquet. He also granted a remission of taxes to the
Abydos, and the edict was probably not to be applied to the entire provinces, and gave gifts with royal liberality. 19
population. The goal was "to prevent wrong being done to any
person belonging to the Foundation..." or Egyptian organization. In the Greek tradition we have reflections on the work of Solon,
Cattle and women were not to be taken arbitrarily, but ordinary the Athenian lawgiver ruling 594/3 RC.E., in the composition
corvee duty was still permitted. known as "The Constitution ofAthens," by a student ofAristotle,
Enactments may have had a direct effect, but were limited to after 322: 20
particular cities under particular rulers. For example, when
Nabonidus, the last Babylonian king ofBabylon, who ruled from
555 to 539 RC.E., installed his daughter as a priestess in Dr, he
18 Herodotus III, 67: freedom or exemption from war-service is !X't€A€lTJV
exempted the temple from all demands for corvee labor.'?
<J'tpa'tTJlTJ<;; taxes are tribute, <j>opo<;.
19 iln\!J):) nN )~1::l}l) )~1'U"J:::>? ?n::l nn\!J):) 1?):)n \!J}l~)
):)n 1':::> nN\!J):) )n') n\!JY m)'1):)? rrom 1nON
The Septuagint omits the last phrase and translates the one before it Kat ii<!>€<Jtv
15 Texts are quoted in CAD A 2:1166 under andurdru; others are adduced under E1tol!1<J€V "and he made a release."
20 On the doubts aboutthe author see Peter J. Rhodes, "Athenaion politeia," in The
sadatu "edict," CAD S 3:195. See in general Barry Eichler, Indenture at Nuzi, (New Oxford Classical Dictionary, edited by Simon Hornblower and Antony Spawforth,
Haven and London: Yale UniversityPress, 1973),32-34. (Oxford:OxfordUniversityPress, 1996,3rd edition),203. On the problemsof seeingthe
16 William F. Edgerton, "The Nauri Decree of Seti I. A Translation and Analysis work of the historical Solon in these materials see Claude Mosse, "Comment s'elabore
of the Legal Portion," Journal ofNear Eastern Studies 6 (1947): 219-230, quotation un mythe politique: Solon, 'Pere fondateur' de la democratie athenienne," Annales
from 221, I.A.2. See also Kenneth A. Kitchen, "Nauridekret," Lexikon der Agyptologie Economies Societes Civilisations 34:3 (1979):425-437, most ofthe materials probably
4:3 (1980): 361-362and HelmutBrunner, "Immunitat," ibid. 3 (1971): 151-152,noting coming from the fourth, not the sixth century, 436.
there are other tax exemption decrees from the Old Kingdom, but the Nauri decree is Note that later traditionheld that Solon and other lawgivershad been influenced by
more detailed. For a fictionalreflectionofthe decree compareChristianJacq, Ramses. Egyptians;see Diodorus Siculus (d. 30 RC.E.), I, 79, 98, translatedin Edwin Murphy,
The Son ofLight, (London: Simon & Schuster, 1997),301: "Seti published his decree The Antiquities ofEgypt, (New Brunswick, London: Transaction, 1990), 99-100, 126-
all over the country, even as far as Nauri in the Nubian desert, where it was strikingly 128,and Anne Burton, Diodorus Siculus. Book I. A Commentary, (Leiden:Brill, 1972),
carved on a stone twice as tall as a man." 194, equating Diodorus's B01<XOpt<; with Bakenrenef (720?-715 RC.E.), a 241h
17 SeeM. A. Dandamaev,Slavery in Babylonia. 45 andn. 2: su-bar-ra-su-nu as-ku- Dynasty king of Egypt, about whom "Very little is known...apart from the evidence of
nu "I establishedtheir freedom." the Classical authors."
IDEOLOGY 73
72 CHAPTER THREE

As soon as Solon had been entrusted with full powers to act, he I also restored to freedom those who here at home had been sub-
liberated the people by prohibiting loans on the person ofthe debtor, jected to shameful servitude, and trembled before their
both for the present and for the future. He made laws and enacted masters."
a cancellation of debts both private and public, a measure which is
commonly called seisachtheia (the shaking offofburdens), since in And a little later in the same composition Solon says:
this way they shook off their burdens. In regard to this measure,
some people try to discredit him. For it happened that when Solon I enacted laws for the noble and the vile alike, setting up a straight
was about to enact the seisachtheia, he informed some of his rule ofjustice for everybody."
acquaintances of his plans, and when he did so, according to the
version ofthe adherents ofthe popular party, he was outmaneuvered Plutarch, who lived till after 120 C.B., in his life ofSolon used the
by his friends; but, according to those who wish to slander him, he same poem to show Solon's achievement, but noted that "some,
himself shared in the gain. For these people borrowed money and as Androtion [died 340 B.C.E.], affirm that the debts were not
bought a great extent ofland; and a short time afterwards, when the canceled, but the interest only lessened," though Plutarch doubted
cancellation of debts was put through, they became very rich. It is that. 25
said that this was the origin ofthose who later were considered to be
The Rosetta Stone, the key to the decipherment of Egyptian
ofancient wealth. However, the version ofthe friends ofthe people
after it was discovered in 1799 C.E., records decrees in the reign
appears much more trustworthy."
of Ptolemy V Epiphanes in 196 B.C.E., loosening some govern-
The controversial nature of Solon's freeing is clear in the discus- mental burdens:
sion, but the close connection to Ancient Near Eastern rhetoric
...and of the revenues and tax-collections existing in Egypt he
about it is more obvious in a composition attributed to Solon,
entirely remitted some and others he has lightened, in order that the
quoted in the same source: native people and all others might be in a state of serenity during his
reign, and the royal debts, which both those in Egypt and those in the
My best witness before the tribunal of posterity will be the great rest of his kingdom owed and which were many in number, he
mother of the Olympian Gods, black Earth. remitted, and those who had been led off to prisons and those who
For I removed the markstones of'bondage" which had been fastened were since long ago under accusation he freed from their charges. 26
upon her everywhere; and she who had then been a slave is now
free.
Another Graeco-Egyptian ruler Ptolemy VIII Euergetes II and his
I brought home to Athens, to their fatherland, many Athenians who,
sister and wife proclaimed an amnesty in 118 B.C.E. apparently at
lawfully or unlawfully, had been sold abroad, and others who,
having fled their country under dire constraint of debts, no
longer spoke the Attic tongue-so wide had been their wander-
ings.
23 Ibid., 79.
24 Ibid., 80.
25 Plutarch, Life of Solon 15f., in The Lives ofthe Noble Grecians and Romans,

21 Kurt von Fritz and Ernst Kapp, Aristotle's Constitution ojAthens and Related
translated by John Dryden, (New York: Modem Library, n.d.), 106.
Texts, (New York, London: Hafner, Co1lier-Macmillan 1950 1974) 73. 26 Roger S. Bagnall and Peter Derow, Greek Historical Documents:The Hellinistic
22 ' , ,
These were stones set up on the lands offarmers who had mortgaged their land. Period, (Chico, California: Scholars, 1981),226-230,227.
74 CHAPTER THREE IDEOLOGY 75

the conclusion of a civil war between the king and his sister. motivation for the composition ofthe texts, but that was probably
Among the elements they proclaimed is the following: a literary topos or cliche. The kings wished to be seen doing
something effective in the face of economic crises, but there were
And they remit to everyone the arrears of the corvee-tax." no mechanisms for determining if an actual economic crisis
existed, and there is little indication that kings were sophisticated
Also officials were not to "impress any of the inhabitants of the in their economic thought. Still, it is significant that the assump-
country for private services...nor compel them to work without tion was always that the government ought to have some sort of
payment on any pretext whatever." The royal family also response to a perceived economic crisis."
legislated against enslavement for debt: Let us look at two of the prologues that discuss freedom.
Around 2050 RC.E. a king in the so-called Ur-Nammu Code
And they have decreed that collectors of foreign debts shall not on
writes,
any pretext whatever attach the persons ofthe cultivators of Crown
land or those who work for state interests or the others whom the
I freed the Akkadians and foreigners (?) in the lands of Sumer and
previouslyissued decrees forbidto be broughtup for accusation,but
Akkad, for those conductingforeign maritime trade (free from) the
the exactionoftheir debts shallbe made from their property in so far
sea-captains, for the herdsmen (free from) those who appropriate
as it is not exempted in the present decree.
oxen, sheep, and donkeys. At that time, by the might of Nanna, my
lord, I established the freedom of Aksak, Marad, Girkal, Kazallu,
It is not clear that this is a general exemption, and we do not know
and their settlements, and for Usarum, whatever (territories) were
what exactly a foreign debt is. 28 There were several other Ptole- under the subjugation of Ansan."
maic edicts of remission that have not been so well preserved.
Rostovzeff speculated that they must have been a genre that was The term used here is the same for manumission of slaves, and the
traditional in Egypt which the Greek rulers accepted, calling the image is one offreeing up commerce from governmental interfer-
genre 1:& <lnA<Xv8p<I>7t<X "acts of kindness to people." 29 ence.
From about 1930 RC.E. in the prologue to Lipit-Istar's legal
collection the king boasts:
2. LEGAL COLLECTIONS

At that time I undid the slavery and established the freedom of the
In Mesopotamian law codes, a related genre of texts, economic sons and daughtersof the city of Nippur, the sons and daughters of
distress appears in the few texts with preambles as the major the city ofUr, the sons and daughtersofthe city ofIsin, the sons and

27 A.S. Hunt and C.C. Edgar, Select Papryi 2, (Cambridge, London: Harvard and
Heinemann, 1934, 1964), item 120, 60-61: arears of the corvee-tax is O<!>€lAO/lEVOU
A€l1:0UPYlKOU. Compare Bagnall and Derow, Documents, 80-85. 30 Dietz Otto Edzard, "Soziale Reformen im Zweistromland bis 1600 v. Chr.:
28 Ibid., 72-73. "Foreign debt" is 'T:OUe; 'T:~V ~€VlK~V 1tpaK'T:Opae;. Realitat oder literarischen Topos?" Acta Antiqua 22 (1974): 145-156.
31 Martha T. Roth, Law Collections from Mesopotamia and Asia Minor, (Atlanta:
29 Michael Rostovzeff, The Social and Economic History ofthe Hellenistic World,
Scholars, 1995), 15-16. For transliteration of this and subsequent texts see Appendix
(Oxford: Clarendon, 1941), 2:878-882.
II.
76 CHAPTER THREE IDEOLOGY 77

daughters of the lands of Sumer and Akkad, who were subjugated repaid with another slave's labor, perhaps just for a month. The
[by the yoke?] and I restored them to their place." monetary equivalent is attested occasionally as a low price for an
Old Babylonian male slave in texts from about the same era as
The language is ofgeneral freedom, but the reference might be to Lipit-Istar; it would seem a punitively high amount to pay for the
the special privileges and exemptions that people in the two cities use of a slave for a month."
mentioned ought to enjoy, as well as to a more general freedom From somewhat later in the same period comes the collection
for all of Sumer and Akkad. of legal instances in Akkadian language found at Esnunna in the
When the subject ofrefugees arises in the legal texts, one finds Diyala region of northem Iraq. A relevant passage is:
predictably that the powers that be were not sympathetic to flight.
And people who knowingly harbored such slaves were subject to Esnunna 50 If the governor, the river commissioner or another
penalties as, presumably, the slaves were." official, whoever it may be, seizes a lost slave, a lost slave-girl, a
The earliest relevant text is from Lipit-Istar, king ofIsin: lost ox, a lost donkey belonging to the palace or a muskenum and
does not surrender it to Esnunna but keeps it in his house, allowing
Lipit-Istar 12Ifa slave-girlor slave ofa man has fled within the city more than a month to pass, the palace shallprosecute him for theft.35
and it has been confirmed that he (or she) dwelt in the house of
(another) man for one month, he shall give slave for slave. Again the issue here is that a member of the ruling class failed to
13 Ifhe has no slave, he shall pay fifteen shekels of silver. surrender an escapee, or any other kind of animate property,
including animals. The exact punishment is not stated, but the
Here the householder encouraged or harbored the runaway for a government felt an obligation to intervene, though note that the
considerable period; the reason he might do so was his need for culprit was a government official, not a simple harborer ofescaped
additional labor. This was a breach in ruling-class ethics, but the property.
short-term advantage to the harborermust have been more obvious In the next paragraph the law-givers deal with the problem of
to many than the advantages of ruling-class solidarity. The idea slave movement:
of the punishment seems to be that the slave's labor would be
Esnunna 51 A slave or a slave-girl of Esnunna who bears fetters,
shackles, or a slave hairlock shall not leave the gate of Esnunna
32 Ibid., 25. without his owner's permission.
33 Raymond Westbrook, "Slave and Master," 1670-1673, surveys these texts on
flight. Compare W.G. Clarence-Smith, "Runaway Slaves and Social Banditry in Here the issue was prevention of escape, and the hope was
Southern Angola," in Out of the House of Bondage. Runaways, Resistance and
Marronage in Africa and the New World, edited by Gad Heuman, 23-33, (London: apparently that all slaves would have some such mark indicating
Frank Cass, 1986),27: "When labour was scarce, masters did all they could to entice their status. This stipulation seems within the purview ofthe city
slaves away from their owners." And see Thomas D. Morris, Southern Slavery and the
Law, 1619-1860, (Chapel Hill: University of North Carolina Press, 1996),334-335,
noting that harboring was seen to be related to "inveigling," which was getting someone
else's slave to work for you; at first such conduct was only "ungentlemanly," but 34 On Mesopotamian slave prices, see Howard Farber, "An Examination of Long
increasingly it was seen as a crime. Still, whites did take in runaways, sometimes for Term Fluctuations in Prices and Wages for Northern Babylonia During the Old
altruistic motives if they felt them cruelly treated by others, and sometimes for selfish Babylonian Period," M.A. Thesis, Northern Illinois University, Dekalb, 1974,24.
motives to increase their own labor force; see Eugene D. Genovese, Roll, Jordan, Roll, 35 Roth, Law Collections, 66-67. A muSkenum was probably a simple citizen; see
(New York: Vintage, 1976), 42, 644. Martin Stol, "Muskenum," Reallexikon der Assyriologie 8 (1997): 492-493.

I
78 CHAPTER THREE IDEOLOGY 79

government to regulate access through the city gate. Each of the From about 1760 B.C.E. the much larger collection made under
signs of servitude was, however, easily removable, though one Hammurapi deals with escaped slaves in two places, paragraphs
might look funny after a haircut to remove a top-knot. It is easy 15-20 and 226-227:
to see that the regulation was not sufficient to stop escape.
The opposite case is also treated: Hammurapi 15 Ifa man has helped either a male slave ofthe palace
or a female slave ofthe palace or a male slave ofa private citizen or
Esnunna 52 A slave or a slave-girl who has entered the gate of a female slave ofa private citizen to escape through the city-gate, he
-Esnunna in the custody of the (foreign) envoy shall bear fetters, shall be put to death.
shackles, or a slave hairlock but remains in the custody of his
master. Again the first problem tackled is the member of the ruling class
who actually helps a slave escape; beyond the city-gate lay fields
Here the authorities wished to assure that the removable signs of and then the steppe, where a slave could disappear. The harshness
slavery were maintained at least within the city even if foreigners of this stipulation is in contrast to the earlier collections dealing
were involved. This appears to indicate that the authorities could with a similar situation and is typical of Hammurapi's codifica-
not rely on custom elsewhere in their cultural sphere to guarantee tion. It may be argued that Hammurapi was trying not to impose
that there would be a physical manifestation of slave status, and a desert toughness on the city-dwellers but to assure that legal
they saw that this fact complicated their administering of the decisions were applied consistently, even ifthe culprit were rich
regulations about slaves, and it kept them from preventing the and could buy his way out ofthe punishment under other concep-
escape of slaves. tions of law."
Esnunna 30 also is concerned with the ostensibly free person Next the harborer is considered:
who leaves:
Hammurapi 16 If a man has harbored in his house either a fugitive
If a man repudiates his city and his master and then flees, and male or female slave belonging to the state or to a private citizen and
someone else then married his wife, whenever he returns he will has not brought him forth at the public proclamation of the herald,
have no claim on his wife." that householder shall be put to death.

The possible penalty besides the loss ofhis wife is not discussed, The harboring is "hiding." The punishment is the same, but the
and what the relation to the master might be is also passed over. instance is different in that the slave had not escaped the city. The
Flight clearly could be attractive to persons of several statuses. herald had yelled abroad the fact of the escape, and the culprit
ignored the news. Again the culprit probably hoped to increase his
own labor force. The administrationbelieved that local authorities
would be organized enough to have a herald walk around yelling

36 Note the parallel with Hammurapiparagraph 136 without a master but with the
same judgment, Roth, Law Collections, 107:
If a man deserts his city and flees, and after his departure his wife enters another's
house--ifthat man then should return and seize his wife, because he repudiatedhis 37 See J.J. Finkelstein, "Arnmisaduqa's Edict and the Babylonian 'Law Codes,",
city and fled, the wife of the deserter (munabtim) will not return to her husband. Journal ofCuneiform Studies 15 (1961): 91-104,98.
80 CHAPTER THREE IDEOLOGY 81

this news. This is certainly a basic element of a system to detect kept or retained the slave, who might otherwise have wished to
escaped slaves, but it may not have been widespread. leave, even to return to the rightful master, but this paragraph is
The next paragraph proceeds to the reward due one who returns clearly a continuation of 17 and 18, where the slave had been
a runaway: caught outside. Again, ruling class solidarity was broken, and a
harsh punishment was meted out.
Hammurapi 17Ifaman caught a fugitivemale or female slave in the Lawmakers then examined the possibility of escape:
open and has taken him to his owner, the owner of the slave shall
pay him two shekels of silver. Hammurapi 20 Ifthe slave has escaped from the hand ofhis captor,
that man shall so affirmby god to the owner ofthe slave and he shall
A reward is envisioned for a free man's doing his duty to the slave then go free.
society. The "open" is the steppe, the uncultivated area between
city-administered farmland. Two shekels was a substantial The person who was trying, but failed, to do his duty to the slave
amount, although a fraction of the value of the slave. society would suffer in that it would be unpleasant to have to take
The case was then elaborated: an oath, but the legal text held that he ought not to be punished
because he had once caught the wily escaping slave.
Hammurapi 18 If that slave has not named his owner, he shall take In later paragraphs Hammurapi' s compilers were concerned
him to the palace in order that his circumstances may be investi- with the manipulation of the slave haircut:
gated, and they shall return him to his owner.
Hammurapi226 Ifa barber cut off the slavehaircut of a slavenot his
The slave did not have to cooperate in his own capture. The own without the consent of the owner ofthe slave, they shall cut off
supposition was that local knowledge obtainable by the adminis- the hand of that barber.
trators would be sufficient to elucidate what the slave would rather
have hidden. It is not clear what might happen if the slave were The context is that ofworkers who were not careful in their work,
unknown, or, indeed, how one would know that the slave was a and here the barber was in collusion with the escaping slave.
slave, especially if he or she denied it. Paragraph 18 underlines Also, though, the owner could allow the removal ofthe mark, but
the basic assumption of a slave-holding society, that the govern- we do not know why one would do so except at the time of
ment especially should concern itselfwith making sure the servile manumission. The next section deals with a free person's having
were in their places. a barber remove a slave's slave haircut:
The person who succeeded in the clandestine harboring was
considered next: Hammurapi227 Ifa man deceiveda barber so that he has cut off the
slave haircut of a slavenot his own, they shall put that man to death
Hammurapi 19 Ifhe has kept that slave in his house (and) later the and immurehim at his gate; the barber shall swear,"I did not cut (it)
slave has been found in his possession, that man shall be put to off knowingly," and then he shall go free.
death.
A free third party was the one to suffer if he passed as the master
This instance seems to be the same as paragraph 16, though and allowed the slave haircut to come off. Then, reasonably, the
different verbs were used iirtaqima versus iktaliisu). In 19 he had
IDEOLOGY 83
82 CHAPTER THREE

Hittite 24 If a male or female slave runs away, the one at whose


barber was not liable, and the man suffered a horrible fate at his
hearth the slave-owner finds him or her shall pay one month's
own gate. wages: 12 shekels of silver for a man, and six shekels of silver for a
From a later time and less clearly connected to the Mesopotam-
woman."
ian tradition we have the Hittite Laws. The Hittite compilation
may have been made over several generations, starting perhaps as The principle here as elsewhere is that the harborer must pay for
early as 1650 RC.E. and culminating around 1200 B.C.E., from the work that the slave presumably did for him. The version
Asia Minor, now Turkey. Its relevant passages include: reproduced here implies that the slave was away only a short time,
while the New Hittite version foresees a year's absence before
Hittite 22 If a male slave runs away and someone brings him back, discovery. The stipulation clearly shows that some people did
ifhe seizes him nearby, his owner shall give shoes to the finder; if harbor slaves, and among the punishments for harboring, this one
he seizes him near this side of the river, he shall pay 2 shekels of is a light one. .
silver; if on the other side of the river, he shall pay 3 shekels of Finally in the Hittite collection is an obscure stipulation that
silver." may relate to a runaway:

This section addresses the rewards to come to the one who Hittite 173bIfa slave declareshimself free from his owner, he shall
returned a runaway, in increasing amounts depending on the go into a clay jar.
distance over which the returned had to bring the slave; it is
amusing that shoes were used as a cheap money for this purpose. The punishment is quite obscure. Some suggest that the slave was
to sit in a cistern and think about misdeeds as a punishment or
Hittite 23 Ifa male slave runs away and goes to the land ofLuwiya, perhaps that he should submit to an ordeal that would determine
his owner shall pay 6 shekels of silver to whoeverbrings him back. guilt. The verb implies physical assault on the master, and in the
If a male slave runs away and goes into an enemy country, whoever New Hittite context the punishment probably led to death;
brings him back shall keep the slave for himself. obviously this rebellion was abad thing."
The Middle Assyrian laws from before 1070 B.C.E. did not
Luwiya was distant from the Hittite capital, but it seems to have concern themselves with this sort of question, but we learn
had political connections with Hatti so that Hittite legal claims obliquely of attitudes when lawgivers dealt with wives who
might be enforceable there." The tariff of rewards increases, deserted their husbands:
culminating in the reward ofthe slave himself, who must have cost
more than six shekels.

40 The Old Hittite manuscript from around 1700 B.C.E. reads thus; the New Hittite
manuscript from around 1200 reads "shall pay one year's wages: 100 shekels of silver
for a man 50 shekels of silver for a woman." See H. Hoffner in Roth, Law Collections,
238 n. 15';the transliteration in Appendix II gives the New Hittite reading.
38 Roth, Law Collections, 220. 41 Roth, Law Collections, 234, and see H. Hoffner's note, ibid, 240, n. 56. Hoffner,
39 See Harry A. Hoffner, Jr., The Laws ofthe Hittites, (Leiden: Brill, 1997), 101,
Laws, 139 and n. 476 and 219-220. Compare Fiorella Imparati, Le Leggi lttite, (Rome:
Ateneo, 1964): "he will be punished with an ignominious capital punishment, the
and E. Laroche, "Luwier, Luwisch, Lu(w)iya," Reallexikon der Assyriologie 7 (1988):
character of which still remains obscure" 305 and n. 2.
181-184.
84 CHAPTER THREE IDEOLOGY 85

Middle Assyrian 24 If a man's wife, having deserted her husband, The following chart presents a scheme of what is discussed in
has entered the house of another Assyrian, either in the same city or laws:
in some neighboring city, where he set her up in a house, residing
with the mistress of the house, staying the night three or four nights,
Laws on Runaways
without the master ofthe house knowing that the man's wife was
residing in his house, and later that woman has been caught, the
Collection: Lipit-Istar Esnunna Hammurapi Hittite Middle
master of the house whose wife deserted him shall cut off (the ears
of) his wife and (not) take her back; they shall cut off the ears ofthe Assyrian
man's wife with whom his wife resided; ifhe pleases, her husband
Date 1930B.C.E. 1900 1760 1200 1077
may pay three talents thirty minas (12,600 shekels) of lead as her
value, or if he wishes, he may take his wife back. However, if the
slave punished ttl
master of the house knew that the man's wife was residing in the
house with his wife, he shall pay triple. However, ifhe has denied
harborer punished ttl ttl ttl ttl
it by declaring, "I did not know," they shall go to the river for the
water ordeal. However, if the man in whose house the other man's
slave haircut ttl ttl
wife was residing has turned back from the river, he shall pay triple;
if the man whose wife deserted him has turned back from the river,
he is clear since he shall bear the expenses for the river ordeal. The interesting thing about the legal material is that it did not
However, if the man whose wife deserted him does not cut off (the usually deal with the punishment ofthe escaping slaves. Although
ears of) his wife and takes her back, there is no punishment at all." they might be punished privately by their owners, very little is said
about this issue. Instead the slave appears to be a non-person
The principle is the same as for the harborer of slaves in earlier around whom free persons commit acts that may be punishable.
compilations. Punishments were monetary for the harborer, but The harborer, who must have been a common figure to judge from
the runaway wife suffered physical mutilation, as did her friend. the laws, was punished for stealing the labor ofthe runaway slave.
The cases show that one might assume female solidarity, as the One gets from the Middle Assyrian case the image of a sprawling
female friend harbored the runaway from a possibly abusive household in which the master might not even know if his wife
situation. And the focus ofthe section is on whether the husband were harboring a runaway.
ofthe friend knew the runaway was present. The Middle Assyrian From the legal material one cannot confidently deduce what
Laws concern themselves especially with female behavior, and actually happened in particular instances of flight. It is clear that
these instances are directly connected to the assertion of male slave flight was a preoccupation of the ruling classes, and it was
power over females, but the lawgivers recognized that the men uniformly condemned. The fact that free persons aided slaves
were not always fully informed, even about who was in the house. implies that the class solidarity some of the rulers would have
The river ordeal was used, as the oath was earlier, as a way of liked to foster was not universal, and, more concretely, that free
invoking the gods' assurance that justice was served. persons had clear consciences about appropriating other people's
slaves ifthey happened to run away. We do not know from legal
material how the successful runaway was regarded. It is probable
that the runaway who did not attain his own village might suffer
42 Roth, Law Collections, 161-162. in a limbo ofstatus, where a harborer might treat him like a slave,
86 CHAPTER THREE IDEOLOGY 87

but others might not know ofhis former servitude. He might have Persons of low status, they probably mostly hoped simply to get
been held hostage by the new master because ofhis former status, away from their oppressive situations, and usually they had no
and that might have been almost as bad as being a slave. conception of returning to free others. Even the much later and
better documented Roman slave revolts showed little concern for
establishing the freedom of others; instead Spartacus and his
3. TREATIES fellows wished to make themselves masters of other slaves. One
might argue that in societies in which the work of slaves was
Another source for ideological information is the international essential, slave escape would be just as important as the escape of
treaty. There, however, the question is acutely posed of whether non-slaves in the view of the state, but it is fairly clear that the
the runaways envisioned were of slave status. It does not appear rulers did not see the situation in that light. They did not conceive
that they frequently were. Erich Ebeling suggested that there was that the gradual decay of their stock of slaves would eventuate in
an ancient distinction between the flight ofthe free and that ofthe a total depletion ofslaves, which might affect their economic well-
unfree. While it is conceivable that he was right, it does not being. We believe that usually the number ofslaves in Mesopota-
appear that there was any difference in the vocabulary of flight; mia was not high anyway, and thus the escape of even all slaves
that is, the same terms were used to describe escape, regardless of might be seen as economically meaningless. Even in later
the person's status." societies that were much more dependent on slaves, it appears that
It is well to remember why the two categories ofrunaways, free owners frequently tolerated runaways and did not bother to search
and slave, would be of concern to the authorities. Free runaways for them because it was too much trouble, and the absenteeism
. were a worry because of their potential political power. As in the usually did not lead to successfullong-tenn flight."
case of the exiled Syrian prince Idrimi, which we will examine International treaties date from the third millennium, and their
below, a free exile, ifhe were well-connected, could raise an army number grows in the second and first millennia, and a common
among his foreign hosts and eventually return to rule in the place element is the agreement to return each other's refugees. It
ofthose who had made his life unpleasant. Thus rulers would try appears that what was envisioned was political self-exiles who had
to require the return ofexiled free persons who were revolutionar- run afoul of the home regime; it was expected that the friendly
ies. foreign regime would make it its business to return such disaf-
Slaves and other laborers appeared to be less of a threat to the fected people to their homelands and to their home governments,
well-being of rulers in that they rarely could raise armies abroad, where their fates could be decided. Such treaties, ifput into effect,
and probably it would not have occurred to most of them to try. would mean that, ifthe regimes controlled neighboring areas, the
borders in those directions would be closed to flight by the
43 "Fluchtling," Reallexikon der Assyriologie 3 (1957): 88-90. It might also be
argued that there was a distinction between debt -slaves and other slaves. Hammurapi' s
collection (paragraph 117) and the Hebrew Bible (Exodus 21:2-11 and Deuteronomy 44 See the survey by Wolfgang Rubinsohn, Die grossen Sklavenaufstande der
15: 12-18) legislated leniency for the debt-slave and limited the years ofservice to three Antike, (Darmstadt: Wissenschaftliche Buchgesellschaft, 1993), and Keith R. Bradley,
and six, respectively. The reason for the three-year term may derive from the idea that Slavery and Rebellion in the Roman World, (Bloomington: Indiana University Press,
a loan should be considered paid offwhen the equivalent ofthe principal had been paid, 1989), and Heinz Bellen, Studien zur Sklavenjlucht im romischen Keiserreich,
and agricultural loans were usually at 33 1/3% annual interest, as suggested by Michael (Wiesbaden: Steiner, 1971). Compare William Dusinberre, Them Dark Times. Slavery
Hudson, "How Interest Rates Were Set, 2500 BC-l 000 AD," Journal ofthe Economic in the American Rice Swamps, (New York: Oxford University Press, 1996), reference
and Social History ofthe Orient 43,2 (2000): 132-161, 158. courtesy of Richard Lowitt.
CHAPTER THREE IDEOLOGY 89
88

disaffected. And yet, given the mountainous terrain between In whatever city (it is suspected that) they conceal a fugitive, the
Mesopotamia and the east, and the desert to the west and south, mayor and five elders will make a declaration under oath. From the
very day on which Barattarna [another prince] has sworn this oath
there must still have been ample spaces to which to escape, if
by the gods together with Idrimi, from that day on it is decreed that
return to one's farming community were out of the question for fugitives have to be returned.
political reasons. .
It does not seem likely that until deportations in the first
Here actual slaves with masters were apparently envisioned, not
millennium B.C.E. there were very many politically motivated political refugees as in some other treaties. The really interesting
refugees. The refugees from cities discussed above ~n the la~e thing is the vast difference in the prizes offered for women over
second millennium in Syria might be a large exception to this men, indicating in this circumstance that women were more highly
generalization." . valued as slaves than men, though it was thought possible that
The earliest treaty reference is a broken one from the third- either might escape."
millennium agreement between Elam in what is now Iran and A treaty between Tudhaliya II ofthe Hittites and Sunassura of
Naram-Sin, the king ofAkkad, ruler ofMesopotamia around 229?, Kizzuwatna from about 1450 B.C.E. has the following suggestive
B.C.E. The king pledged, "I shall not take for myself a refugee, passage:
meaning, presumably, he would not take in people fleeing from
Elam to his COurt.46 Ifa fugitive from Hatti goes to [Kizzuwatna], Sunassura shall seize
A concern for the return ofrunaways dominates the short treaty him and give him back to His Majesty. But if someone hides a
found at Alalakh in northern Syria (now Turkey) between Idrimi fugitive, and he is discovered in his house, he must pay twelve
47
and Pilliya, dating to around 1500 B.C.E.: unfree persons. Ifhe cannot come up with twelve unfree persons, he
himself [must be killed]. Ifa slave hides a fugitive, and ifhis master
...they will always return their respective ~gitive~, ~that is,) ~fI~i~i will not make restitution on his behalf, will not pay the twelve
seizes a fugitive ofPilliya, he will return him to Pilliya, and if'Pilliya unfree persons, ifhis master does not make restitution on his behalf,
seizes a fugitive ofIdrimi, he will return him to Idrimi. Anyone who he must forfeit the slave himself. And the provision for Sunassura is
seizes a fugitive and returns him to his master, (the owner) will pay the same."
as prize of capture 500 (shekels of) copper if it is ~ man,. ~ne
thousand as prize of capture ifit is a woman. However, If a fugitive
from Pilliya enters the land ofIdrimi and nobody seizes him, but his 48 See in general Mario Liverani, "L'Estradizione dei refugiati in AT 2," Rivista

own master seizes him, he need not pay a prize ofcapture to anyone. degli Studi Orientali 39 (1964): 111-115. This vast difference in assumed price derives
from the value of women as concubines and wives and implies a slave system for this
period at least more like systems in Islamic lands than those in the New World, where
heavy manual labor was needed most, and men were more valuable. See in general
Murray Gordon, Slavery in the Arab World, (New York: New Amsterdam, 1989), 79-
45 On borders see Steven Grosby, "Borders, Territory and Nationality in the Ancient 104. In Southern Mesopotamian legal collections children offemale slaves fathered by
Near East and Arrnenia," Journal ofthe Economic and Social History ofthe Orient 40: 1 the master were free, as one may deduce from Harnmurapi 170-171 (Roth, Legal, 113-
(1997): 1-29, though one may be skeptical about how clear ancient self-definitions of 114), where if a free father acknowledges children, they divide inheritance equally with
the state were. children of a free mother; ifthe father does not acknowledge them, they and the mother
46 Walther Hinz "Elams Vertrag mit Nararn-Sin von Akkade," Zeitschriji fUr are still said to be free.
Assyriologie 58 (1967): 66-96, 91-93, iv 15-16: "Einen Fliichtling werde ich nicht bei 49 Gary Beckman, Hittite Diplomatic Texts, (Atlanta: Scholars, 1996),2:5-7, 21-22.
mir aufnehmen," restoring [pu-ti-]ik-ra in Elamite, explained, 76. Kizzuwatna was in southeast Asia Minor; see H.M. Kummel, "Kizzuwatna," Reallexi-
47 Erica Reiner in Pritchard, Ancient Near Eastern Texts, 532. kon der Assyriologie 5 (1976-1980): 627-631.
90 CHAPTER THREE IDEOLOGY 91

This penalty for harboring seems extreme, and it is odd that it is Amon, the great ruler of Egypt, and they come to the Great Prince
to be paid in unfree persons. One gets the impression that ofHatti, the Great Prince ofHatti shall not receive them. The Great
harboring was frequent and, since it usually was an upper-class Prince of Hatti shall cause them to be brought to User-maat-Re
crime, was usually overlooked. Note that the slave himselfmight Setep-en-Re, the great ruler of Egypt, their lord, [because] of it. Or
if a man or two men--no matter who--flee, and they come to the land
have the opportunity to harbor others and would be punished with
of Hatti to be servants of someone else, they shall not be left in the
the same fine of twelve persons. In the slave's case, it would be land ofHatti; they shall be brought to Ramses Meri-Arnon,the great
his owner who suffered for the slave's crime. But then it was ruler of Egypt. [Next paragraph: same for Hatti.]
probably the free owner who benefitted from the harboring If a man flees from the land of Egypt--or two or three--and they
anyway. come to the Great Prince ofHatti, the Great Prince ofHatti shall lay
In an edict probably functioning as a treaty found at the north hold ofthem, and he shall cause that they be brought back to User-
Syrian city ofUgarit the Hittite king Suppiluliuma (1380-1346 maat-Re Setep-en-Re, the great ruler of Egypt. But, as for the man
RC.E.) declared: who shall be brought to Ramses Meri-Amon, the great ruler of
Egypt, do not cause that his crime be raised against him; do not
Thus he said: If in later days refugees of Nuhas or Mukis, or other cause that his house or his wives or his children be destroyed; [do
countries, going forth from their countries to Ugarit enter into the not cause that] he be [slain]; do not cause that injury be done to his
service of the king of Ugarit, no other king of another country will eyes, to his ears, to his mouth, or to his legs; do not let any [crime be
take them back from the hands ofNiqmadu, king ofUgarit, or from raised] against him. [Next paragraph: same for Hatti.]
the hands of his sons or the sons of his sons, forever. My Sun, the
great king, made an agreement thus. The treaty depicted here did not envision large numbers of
political refugees, and it is not clear how the case of the "great
The Hittite king here rewarded the loyal king of Ugarit with the man" was distinguished from the latter case. It may be that a
right to receive refugees from an enemy or former enemy king- really important person would suffer punishment for his flight.
dom." But the less important persons appear to be promised safe conduct
The Egyptian treaty of 1280 RC.E. between Ramses II and the and amnesty back to their home realms ifthe foreign king went to
Hittites is also relevant:" the trouble of returning them. Whether this stipulation would be
put into effect is doubtful, but it was certainly in the treaty to
[If a great man flees from the land of Egypt and comes to] the Great assuage the conscience ofrulers faced with fearful foreign political
Prince of Hatti, or a town belonging to the lands of Ramses Meri- refugees."
Perhaps more usual is the treaty between the Hittite king
Mursili II and Tuppi-Tessub of Amurru, in central western Syria,
50 Jean Nougayrol, Le Palais royal d'Ugarit 4, (Paris: Imprimerie nationale,
around 1250 RC.E.: 53
Klincksiek, 1956),52, text 17.369 A. Mukis was a kingdom to the north ofUgarit
which eventually fell into the Hittite sphere of influence but for a time was an enemy.
See H. Klengel, "Mukis," Reallexikon der Assyriologie 8 (1995): 410-412. Related is
text 17.132, 40-43,36-37 on soldiers from Mukis, and 17.334, 11-15, 54-55, in 52 M arlo . P restige
. L'rveram, . and I.nterest, (Padua: Sargon, 1990), 109, suggests in
connection with the kingdom ofNuhasse. general that commoners would lose their freedom ifretumed but high status political
51 Albrecht Goetze in Pritchard, Ancient Near Eastern Texts, 200-201; the Hittite refugees would probably be killed.
version, ibid., 203, and Beckman, Diplomatic, 90-95; these are paragraphs 12 and 15. 53 Goetze in Pritchard, Ancient Near Eastern Texts, 204-205; Beckman,
These treaties have not been transliterated in Appendix II. Diplomatic, 54-59.
92 CHAPTER THREE IDEOLOGY 93

Paragraph 13 Ifanyone ofthe deportees from the Nuhasse land or of Treatment of Fugitives in Hittite Diplomatic Texts
the deportees from the country of Kinza whom my father removed
and myselfremoved escapes and comes to you (if) you do not seize Beckman # Allied Country Treatment
him and turn him back to the king of the Hatti land, and even tell Approximate Date
him as follows: "Go! Where you are going to, I do not want to 1 Kizzuwatna Return Hittite fugitives.
know," you act in disregard of your oath. 15th cent. RC.E.
2 Kizzuwatna Return Hittite fugitives; harborer
Paragraph 15 Ifa population or a fugitive takes to the road and while pays 12 unfree or is killed;
betaking themselves to the Hatti land pass through your territory, put 1450 B.C.E. slave harborer pays too.
them on the right way, show them the way to the Hatti land and 4 Ugarit Nuhassi, Mukis fugitives may
speak friendly words to them! Do not send them to anyone else! If 1350 RC.E. stay with king ofUgarit
you do not put them on the right way, (if) you do not guide them on 5 Amurru Return Hittite fugitives; if
the right way to the Hatti land, but direct them into the mountains or 1350 B.C.E. noble or slave fled,
speak unfriendly words before them, you act in disregard ofthe oath. king may return them. If one
escapes to Aziru, he must
Paragraph 17 Furthermore, ifa fugitive comes to your country, seize
return him; king will not return
him!... fugitives.
6A Mittani Return Hittite fugitives; king
In these stipulations the rights of the king of the Hittites were 1350 RC.E. of Mittani will not return fugitives.
uppermost; his friends had to be treated as the king of Amurru's 7 Nuhassi Return Hittite fugitives; may
friends, and his enemies as his enemies. 1350 RC.E. seek noble or slave fled, and
Other texts illustrate the more usual situation where the king may return him.
8 Amurru Return fleeing captives from
Ugaritic king had to return Hatti's own refugees:
1330 RC.E. Nuhassi; help fugitives to
If, outside of Hatti a refugee flees, may Niqmepa capture him and Hatti; return Hittite fugitives.
9 Ugarit Return fleeing captives from
[send him] to the king ofHatti; [ifnot, you transgress your] oath. If
1330 RC.E. Nuhassi; may seek noble or
a refugee out ofUgarit [flees and] goes Ito Hatti] the king of Hatti
will not [retain him"]." slave, and king may return them;
return Hittite fugitives.
10 Hapalla Return Hittite fugitives; I will
These and other Hittite treaties are summarized in the following 1330 RC.E. not return fugitives from
table:
Hapalla, but will return craftsman who
does not deliver his work.
11 Mira- Return Hittite fugitives;
1330 RC.E. Kuwaliya I will not return fugitives
from Mira-Kuwaliya, but will return
craftsman who does
not deliver his work.
54 Jean Nougayrol, Le Palais royal d'Ugarit 417.79+374,98; for transliteration 12 SehaRiver Return fugitives fleeing
see Appendix II. Compare also 17.238, 108; 18.114, 108, and 18.04, 241.

(
CHAPTER THREE IDEOLOGY 95
94

1330B.C.E Hittites, Hittite fugitives. he comes back into your territory. Are you now, my brother,
13 Wi1usa I will not return fugitives, but favorably disposed to this conduct? Now, my brother, write at least
1300B.C.E. will return craftsman who this to him: "Rise up, go forth into the Land of Hatti. Your lord has
does not deliver his work; return Hit- settled his account with you? Otherwise come into the Land of
tite fugitives. Ahhiyawa, and in whatever place I settle you [stay there]. Rise up
15 Egypt Return Hittite noble fugitive, with your prisoners, your wives and children, and settle down in
1270B.C.E. also if only one, two, or another place. So long as you are at enmity with the king of Hatti,
three; return Egyptian fugitives. exercise your hostility from another country. From my country you
19 Ugarit If'Nuhassi, or Mukis troops shall not conduct hostilities.t'"
1350B.C.E. enter, you may keep
them. While this is not a treaty, it does show that the problem of well
20 Ugarit If Nuhassi troops come as fugitives, placed political refugees was an international issue of continuing
1330B.C.E. you may keep them. concern for the Hittites, if not for the Ionians, since we do not
27 W. Anatolia Return Hittite fugitives, know ifthere was a response to this plea."
1430B.C.E. even craftsmen. In the treaty between Niqmepa ofAlalakh in northern Syria and
Ir-Tessub of Tunip around 1200 B.C.E., actual fugitive slaves
Summary of Mentions
were discussed:
Return Hittite fugitives 13
Hittites to return foreign fugitives 4
Paragraph 5 Ifa fugitive, a male or female slave, ofmy land flees to
Hittites refuse to return foreign fugitives 4
your land, you must seize and return him to me, (or) if someone else
Hittites to return craftsmen 4
seizes him and takes him to you, [you must keep him] in your
Slaves discussed 4
prison, and whenever his owner comes forward, you must hand him
over to [him]. If (the slave) is not to be found, you must give (the
One can see from the summary that the major concern was the owner) an escort, and he may seize him in whatever town (the slave)
return of presumably free refugees to the great Hittite king. is found; (in any town where) he is not found, the mayor and five
Harboring was only discussed in the single text reviewed above. elders will declare under oath: "Your slave does not live among us
Actual slaves are only rarely mentioned, and as an afterthought in and we do not conceal him"?--if they are unwilling to take the oath,
Numbers 5, 7, and 9, with the slave harborer in Number 2. but (eventually) return the slave, [they go free], but ifthey take the
Also relevant is the Tawagalawa letter sent by Hattusili III oath and later he discovers his slave [among them], they are
(1275-1250 B.C.E.) to the king ofAhhiyawa, presumably a Greek-
speaking part of Ionia. Hattusili attempted to get the king on his
side, and he reproached him with harboring the political dissident
Piyamaradu. The relevant passage is column iii 55-iv 5:
55 Bryce, Kingdom of the Hittites, 323, and Ferdinand Sommer, Die Ahhiyawa-
According to this rumor, during the time when he leaves behind his Urkunden, (Munich: Bayerische Akademie, 1932), 14-17.
56 The letter is unique in that it foresees giving options to the refugee, ifhe did not
wife, children and household in my brother's land (the land of the
conduct hostile activities against Hatti, as noted by Liverani, Prestige and Interest, 110.
king of Ahhiyawa), your land is affording him protection. But he is
57 The text is actually in the second person: "my slave lives among you and you
continually raiding my land; whenever I have prevented him in that,
hide him."
96 CHAPTER THREE IDEOLOGY 97

considered thieves and their hands are cut off, (moreover) they will declares: [The man is mine], he will declare under oath as follows:
pay 6,000 (shekels of) copper to the palace." [(I swear) that the man is mine]; ifhe is unwilling to take the oath,
[he is a th]ief.... If the criminal, man, woman, or boy, does (forced)
This passage is extremely suggestive since it shows that the labor in his house, and (the owner?) seizes him, he is considered a
escaping slave had a good chance of disappearing into a nearby thief, and (the criminal's) master will have him declare under oath:
community, in spite of the efforts of the authorities. A length of I have captured him in the open country personally...
time was assumed to have passed between the city fathers'
refusing the oath and their giving up the slave; obviously a lot of This means that someone who has been captured as a runaway
political jockeying was happening within the community, and might work for the man holding him, but that person could not
these stipulations cannot be seen as more than pious wishes. But alter his slave status. The person holding him was free from
they are also images ofwhat some in the power structure thought blame ifhe were willing to say that he captured the runaway in the
ought to happen under ideal circumstances. country, where other witnesses would be absent.
The text next addresses the harborer: From Syria in the Aramaic language around 750 B.C.E. the
treaty found at Sefire envisions that a lesser king would return
Paragraph 6 If a man, woman, ox, donkey, or horse [is found] in the those who fled from a greater king:
house of somebody (and the owner) identifies it, but (the man in
whose possession it was found) declares: "I have bought it," if he Ifone of my officials or one of my brothers or one of my eunuchs or
can produce the merchant (from whom he bought it), he goes free, one of the people under my control flees from me and becomes a
but ifhe cannot produce the merchant, he who has identified it,...he fugitive and goes to Aleppo, you must not pro[vide f]ood for them,
will declare under oath ["It is my..."], but ifhe is unwilling to take andyou must not say to them: Staypeacefully in your place, andyou
the oath, [he is considered a thief and his hands are cut off.] must not cause them to be disdainful ofme. You must placate them
and return them to me. Ifnot, they shall [remain] in your land to be
The lost slave was exactly like the lost animal, as in the Esnunna quiet there until I come and placate them. If you cause them to be
legal collection paragraph 50 discussed above, and the slave's own disdainful of me and provide food for them and say to them: Stay
views of the matter were irrelevant. The buyer would have to where you are and pay no attention to him, you will have betrayed
this treaty.59
document the slave, and the flight of the slave might make the
merchant then liable to being proved a thief of the first owner's
Again there seemed to be real fear of a politically well-connected
property.
fugitive who got the cooperation of a lesser king.
The next paragraph considers the harborer who claimed he was
One can see that in the treaties so far recovered from the
not harboring a runaway:
Ancient Near East which deal with this matter the major concern
was returning refugees, who were usually assumed to have been
Paragraph 7 If you hold a man in custody, he may do (forced) labor
free and politically active individuals, arriving in small groups.
with a...man, (but) if (the latter) [takesoff] his fetters, shaves offhis
slave mark,...and they catch him, he is considered a thief. If he Presumably we are looking at the very highest levels of societies
and their interaction with counterparts at the tops of other societ-

58 Erica Reiner in Pritchard, Ancient Near Eastern Texts, 53 I. 59 Franz Rosenthal in Pritchard, Ancient Near Eastern Texts, 660.
98 CHAPTER THREE

ies. The issue of harboring remained, and in fact was the major
issue even ifnot explicitly discussed since not returning fugitives
would be by definition harboring. CHAPTER FOUR
The ideology of flight and freedom as revealed in edict, law,
and treaty was that refugees must be returned. BU~ law ~as FLIGHT IN LITERATURE AND STORY
addressed to the free and in general did not concern Itself with
slave punishments for escape. And treaties mostly addressed even
We classify the written material from the ancient world that has
more exalted audiences who may have dealt with free and
come down to us in three broad categories. Archival texts were
politically influential refugees as well as the occasional slave. The
composed to record information needed by a bureaucracy; we
ideology was to conserve property rights, but the texts reveal that
studied how flight and freedom were found in such texts in
everyone knew that free persons did violate property rights by
Chapter Two. Monumental texts were written to commemorate
exploiting runaways whenever possible.
greatness and to be treasured forever. In Chapter Three we looked
at flight and freedom in such official texts. Here we will look at
the issues in literary texts. Such texts were composed with various
purposes in mind, but all ended up as part of a curriculum used by
people training to be scribes. They come to us because these
scribes in training and their teachers copied them over. They thus
are less official than either archival or monumental texts and may
approach our modem ideas ofliterature, though sometimes they
may not. Some have called these kinds of texts canonical in that
they were supposed to be copied in a more or less fixed form over
time.'

1. NON-NARRATIVE TEXTS

In the materials studied by scribes and copied by them are


references to a series of texts to be studied by priests specializing
in exorcisms. They were to use these texts to accomplish
practical ends through magic, in one case the returning of a slave
who had fled. The first millennium copy we have is from the
Assyrian capital of Assur, but apparently it was included in the

) On the three categories see William W. Hallo and William Kelly Simpson, The
Ancient Near East:A History, second edition, (Fort Worth: Harcourt, Brace, 1998), 154-
157.
100 CHAPTER FOUR FLIGHT IN STORY 101

earlier Babylonian curriculum of the incantation priest. 2 Having century RC.E., there is a set of phrases scribes needed to know
made a clay doll to represent the fled slave, the exorcism priest that deal with runaways. They are as follows:
was to address the door, saying the following seven times before
the sun-god: He ran away from the house of his lord.
When he ran away, someone returned him.
o door of the bedroom, you who are so firm, He put a foot-wood on him.
I have firmed up your support with oil and wine. He placed a copper chain on him.
Just as you swing out from your position, He passed a pestle.
but tu[rn back] the other way to where you were, Your one who runs away is caught.
(So) may so-and-so, a runaway slave, swing out His eyes he gouged out.
But turn back the other way to his master's house. He strengthenedhis servitude.'

A broken line indicates you may do the ritual in the tenth and These increasingly oppressive phrases show the scribe looked
eleventh months, that is, winter and very early spring (line 17). forward to the runaway's return and punishment which was
Additional interesting lines include: thought of as being increasingly painful. In such a laconic list
there is no room to say who would be punished in what way, but
If a slave has fled, his flight having been heard of, mutilation was contemplated, as in the Old Babylonian example
or not heard of, (before) that man has come back, discussed in Chapter Three. Perhaps the passing of the pestle,
you should sieve in the night? (a pattern) like the feet ofthe fled one, usually a sign that a deal has been struck, implies in this context
[to the ashes with a sieve that the escapee was to be sold.
on the threshold] of the main door and speak thus: The same slave-holder attitude is to be seen in the Sayings of
Night, veiled bride, Ahiqar, an Aramaic composition probably originating around 500
So-and-so, the runaway, will come back, and his feet will [stay?] RC.E. and studied in Egypt and the rest of the Near East for
or he will not return and say "I will stay far away"...
hundreds of years afterwards, showing up in several different
languages. The composition was apprently intended to teach
The so-and-so was to be replaced in actual use by the name ofthe
ethics and wisdom to literate slave-holders. The relevant section
slave. The concern of the text to try to control what was not
IS:
controllable is clear. The incantation priest was paid for his
troubles, and so his voice was unlikely to reflect anything but the
concern ofthe rich to have a valuable investment return.
As part ofthe Mesopotamian dictionary-making tradition, seen 3 Benno Landsberger, Materialien zum sumerischen Lexikon I, (Rome: Pontificial
Biblical Institute, 1937),28-9; Tablet 2 iv 7'-15'. Compare also the language from an
in bilingual Sumerian and Akkadian texts in Assyria in the seventh Old Babylonian collection oflegal phrases giving a guarantee, presumably by a debtor
giving up a family member as a pledge to a creditor: "If she dies, flees, disappears, or
falls ill, he shall compensate in full for her assigned work." [t] u k u m - b i [ b a -
u g7] [b a - an -] za b- a [ti] - g u b a - an - d e u t u - r a b a - an - t u a- g is-
2 Erich Ebeling, "Eine assyrische Beschworung, urn einen enflohenen Sklaven gar - r a - n i - s e b i - i b - s i - s i - g e. See Martha Roth, "Scholastic Tradition and
zuriickzubringen," Orientalia Nova Series 23 (1954): 52-62; translation of the most Mesopotamian Law: A Study of FLP 1287, A Prism in the Collection of the Free
coherent part is from Benjamin R. Foster, Before the Muses, (Bethesda, Maryland: COL, Library of Philadelphia," Ph.D. Dissertation, University of Pennsylvania, 1979,48, to
1993),2: 897; lines 5-11 are after Ebeling. column viii 3-10.
102 CHAPTER FOUR FLIGHT IN STORY 103

He who acquires a runaway slave or to me about all that has happened to them and how many people you
a thievish maid [does evil and ruins?] the send out after them.6
reputation of his father and his progeny
by his own corrupt reputation.' The junior scribe apparently needed to know the vocabulary of
slave pursuit, but the imagined pursuit did not actually capture the
The saying underlines the stupidity ofbuying a slave that is known slaves; perhaps real pursuits also rarely did.
as a habitual runaway, and the perspective is that of the rich In contrast to such attitudes in the Mesopotamian collection of
person's attempting to minimize losses. incantations called Surpu "burning" are two passages that indicate
Among canonical texts about the dynasty ofAkkad (2334-2193 the cherishing of freedom as a value. The texts are Neo-Assyrian,
RC.E.) two note that Sargon, the dynasty's founder, had liberated from around 700 RC.E. One is the complaint ofsomeone afflicted
a city and struck offthe citizens' bonds. His grandson narrated the with misfortune, and the incantation priests are to confess he was
story of a revolt against himself as follows: a sinner:

In his days my father Sargon conquered the city of Uruk and Who estranged companion from companion,
established [fre]edom for the Kishite [people], and had their [slave- who did not free a captive, did not release a man in bonds,
marks] sheared off and their shackles [smas]hed...5 who did not let the prisoner see the light (of day),
who said to the captive: "Leave him captive!" to the man in bonds:
The point here was to emphasize the ingratitude of the rebellious "Bind him tighter!"
peoples and the kindness ofthe founder of the dynasty. He does not know what is a crime against god, he does not know
In Egypt a letter used as a model to instruct scribes of the what is a sin against the goddess. 7
thirteenth century RC.E. runs:
The sinner did not know these acts were sinful, but the society did.
I was sent forth from the broad halls of the palace...in the third Naturally not much precision is possible aboutthe imagined social
month ofthe third season, day 9 [about May], at the time ofevening, context, but probably the sinner was felt to be a man of authority
following after these two slaves....When my letter reaches you, write who did not attempt to reduce the affliction ofpeople under him,
to me about all that has happened to [them.] Who found their tracks? and releasing the captive had been in his purview, and he ought to
Which watch found their tracks? What people are after them? Write have done it.
A positive reflection ofthe same values is seen in a later tablet:

4 James M. Lindenberger, The Aramaic Proverbs of Ahiqar, (Baltimore and


6 John A. Wilson in Pritchard, Ancient Near Eastern Texts, 259. Slaves were only
London: The Johns Hopkins University Press, 1983),55-56 Saying 6; see transliteration
prominent in Egypt in the New Kingdom Period, from which this text comes. See on
in Appendix II. The Syriac translation reads, more simply: "Do not get a slave that is a Egyptian slavery Antonio Loprieno, "Slaves," in The Egyptians, edited by Sergio
runaway," "bd' "rwq'. Donadoni, 185-219, (Chicago and London: University of Chicago Press, 1997; first in
5 This is the version from Mari; See Joan Goodnick Westenholz, Legends ofthe Italian: 1990),200-212 on the New Kingdom.
Kings of Akkade, (Winona Lake, Indiana: Eisenbrauns, 1997), 233-235, lines 5-8; 7 Tablet ii 28-32, Erica Reiner, Surpu, (Graz: Archiv fur Orientforschung Beiheft
similar is the Geneva version, 243-244, lines 18-20. 11,1958), 13.
104 CHAPTER FOUR FLIGHT IN STORY 105

It rests with you, divine Marduk, to keep safe and sound ... freedom, regardless of how oppressive the conditions being
to set free the prisoner, to show (him) daylight, escaped really were. My guess is that in any case escape allowed
him who has been taken (captive), to rescue (him)... a new self-definition, at base economic in that the escapee had to
Him whose city is distant, whose road is far away, seek new ways to feed herself. But the new self-definition could
(Let him) go safely to [h]is [city] also be social, political, and even psychological, as the runaway
to return the prisoner of war and the captive to his people
saw himself in a different light merely because of the different
(That he may) see (or be seen?) in the presence of his people."
geographical place to which he fled. In justifying examination of
the texts about free or ostensibly free runaways, we may fall back
This value is an extension of the Code of Hammurapi's goal of
upon a purely practical reason. In the Ancient Near East we lack
having the rich and powerful not oppress the weak, but the focus
slave narratives such as came to be written in the Americas. That
on freeing from restraint and encouraging the freedom of move-
literature was apparently directly tied to the growth of the
ment is decisive is revealing freedom as a value, at least for the
sentiment for abolitionism in Western and particularly in British
patrons of these texts. Mesopotamians sometimes attributed
and American culture in the last century, and thus in a sense it is
freedom from particular obligations to the gods, and this shows
suspect in that it is written to play to the assumptions of white
their high estimation of it.9
non-slave readers who expected a certain kind of suffering to be
depicted. 10 We must assume that the experience of flight may
have been similar in general for persons of different statuses, and
2. FLIGHT NARRATIVES
though we can never be sure about that in any given instance, I
believe we must look at the relevant material, especially since the
There are several texts that reflect stories of flight. Not all are
status of slavery and dependent labor may not have been uni-
canonical or what might be seen as literature; one is actually on a
formly defined and uniformly understood anyway. Many Ancient
monument. They are not, however, explicitly about the escape of
Near Eastern languages in polite speech used the term "slave" to
slaves or dependent persons. The reason for this is probably that
refer to the speaker, but a distinction was always made between
the audience envisioned for them was first the literate scribes and
that usage and real servitude. Still, other stories appear to indicate
then the members of a free ruling class. Such persons might be
the assumption that escape from slavery and escape from political
attracted to stories of persons like themselves in sorry states, but
dilemmas were similar.
they would not usually care about slaves.
In societies where travel was difficult and rare, flight by people
Even if the free and the slave runaways cannot be assumed to
who were not supposed to travel was frequently seen as an act of
have had the same experiences, we ought to examine the material
conveying stories about flight because we have it and it is
analogous to slave flight. It may, further, help define ideas of
10 S ee 'In genera 1Henry LoUIS . Gates, Jr., ed., The Classic Slave Narratives, (New
York: Penguin, 1987), p. ix: "In the long history of human bondage, it was only the
black slaves in the United States who--once secure and free in the North, and with the
~enerous encouragement and assistance of northern abolitionists-created a genre of
hterature that at once testified against their captors and bore witness to the urge ofevery
8 Ibid., tablet iv 2 and 31-36, 25-26. black sla~e to be free and literate." Given the paucity of direct slave testimony in any
9 See G. Ries, "Lastenfreiheit," Reallexikon der Assyriologie 6 (1980-1983): 508- other penod, we should be thankful for, and utilize fully, what we have from analogous
511. free individuals.
106 CHAPTER FOUR FLIGHT IN STORY 107

rebellion, meant to undermine the social order. The ultimate ment. When he returned, though, it was as a courtier, and the
rebellious flight may be suicide, but that seems not an important royal children, who remembered him, were influential in bringing
act in the Ancient Near East. II him back. His main sentiment seems to have been gratitude to the
There were some famous stories about individual political king for bringing about his return, though he had once feared him.
fugitives. The Tale of Sinuhe was popular in Egypt of the late The tale was cherished in later generations because Egypt
second millennium; it concerned a courtier who was somehow continued to be interested in Western Asia. The tale also under-
upset about the transition from the rule of Amenemhet I in 1962 lines how important Egyptians thought proper burial within Egypt
B.C.E. to that of his son, Senusret 1. 12 The story might be itselfwas to a successful death. The political issues that prompted
fictional, but it reflected Egyptian attitudes and was copied Sinuhe to flee were not examined within the tale, and the flight
frequently in later times. Sinuhe snuck from the Western Desert, seems to be an unfortunate aberration in his exemplary career.
where he had been with the army, through Egypt and the Eastern This cannot be the way successfully escaping slaves felt about
Desert into Syria-Palestine, where he established himselfas a sort their flight, but it is almost certainly the way the elite would have
of Egyptian consul and advisor to local princes. He very much liked to believe they felt about it.
missed Egypt, though, and took the first opportunity to return and Unusually in the ancient world, Sinuhe depicted the actual
be reconciled with the king, though this opportunity came many moment of flight, as word came of the king's death and of the
years after his flight. In the meantime it is clear that he gloried in immediate departure from the army of the crown prince, now the
his ability to make a life in the alien world, and though one might new king:
have to stretch the evidence to speak ofcharacter development, it
does appear that Sinuhe grew in stature in the foreign environ- Now the royal children who had been following him [the prince] in
this army had been sent for, and one ofthem was summoned. While
I was standing (nearby) I heard his voice as he was speaking and I
II See Cristiano Grottanelli, "Archaic Forms of Rebellion and their Religious was a little way off. My heart was distraught, my arms spread out
Background," in Religion, Rebellion, Revolution edited by B. Lincoln, 15-45, (New (in dismay), trembling fell upon all my limbs. I removed myselfby
York: S1. Martin's, 1985), reference courtesy of David Geggus; Grottanelli discusses leaps and bounds to seek a hiding place for myself. I placed myself
Sinuhe, the Egyptian Story of the Two Brothers, Moses, David, Elijah, Elisha, and between two bushes, in order to 'cut (myself) off from the road and
Samson. He writes, 20, "In all these texts, flight is presented not just as a way to escape
its travel. 13
some specific oppression or punishment, but as a rebellious act, signifying refusal ofthe
whole social setup." Although all these stories have travel as an element, the Two
Brothers, Elijah, Elisha, and Samson do not have quick escapes as major enduring Years later Sinuhe justified himselfto the king after he had invited
motifs in the same way as the stories we shall consider here. For the Two Brothers see
Miriam Lichtheim,Ancient Egyptian Literature, volume 2, (Berkeley and Los Angeles:
him to return home:
University of California Press, 1976), 203-211; the younger brother flees to the Valley
ofthe Pine, presumably Lebanon or Syria. For Elijah see I Kings 19:3, off to hear the
still small voice; for Elisha 2 Kings 9:3, telling the anonymous anointing prophet to flee
the scene of the anointing, and for Samson see Judges 14-16, which ends with his
suicide. 13 Wilson, "Sinuhe," 18-19. Spalinger writes, "Sinuhe expected violent trouble in
12 John A. Wilson, "The Tale ofSinuhe," in Ancient Near Eastern Texts, edited by the royal residence..., a grave situation that might involve his own death; hence, he
James Pritchard, 18-22, and compare Miriam Lichtheim, Ancient Egyptian Literature, leaves. The man is therefore a coward, and if the recognition of that behavior is
1: 222-235 (Berkeley: University of California Press, 1975). For recent interpretations challenged, the text describes this in few words," "Sinuhe" 328. He was in Spanlinger's
see Anthony Spalinger, "Orientations on Sinuhe." Studien zur altiigyptischen Kultur 25 view not involved himselfin any plot; later in confronting an enemy and not fleeing, he
(1998): 311-339. overcame his fears and became worthy of restoration, 339.
108 CHAPTER FOUR FLIGHT IN STORY 109

Now this flight which the servant made, it was not planned, it was royal birth. 16 The relevant portion ofthe inscription reads as follows:
not in my heart, I had not worried about it. I do not know what
severed me from (my) place. It was after the manner of a dream... An evil deed happened in Aleppo, the seat ofmy family, and we fled
to the people ofEmar, brothers ofmy mother, and we lived (then) in
There was fear of civil unrest as Sinuhe fled, but he gave no clear Emar. My brothers, who were older than I, stayed with me but none
reason for flight. Perhaps he was simply insecure about his of them had the plans I had. I (said to) myself: "Whoever is in the
official position and feared a chaotic transition between reigns, house of his family is the great son of a prince, (while) who is with
even though we regard this as a successful instance ofco-regency, the people of Emar is a slave!" (So) I took with me my horse, my
where an old king in his lifetime had his heir installed as co-regent chariot, and my groom, went away and crossed over the desert
to ease the transition at his death." country and even entered into the region of the Sutian warriors. I
stayed with them (once) overnight before the throne of Zakkar, but
The story of Moses in the Bible seems to be of a similar
the next day I moved on and went to the land of Canaan. I stayed in
structure to Sinuhe's, and yet the undatable but supposedly early
Ammia in the land of Canaan; in Ammia lived (also) natives of
text involves the hero leaving Egypt because of a crime he Aleppo, of the country Mukis, of the country Ni' and also warriors
committed, then returning to champion his people, whom he then from the country Ama' e. They discovered that I was the son oftheir
led out of the country and back to their collective homeland. overlord and gathered around me. I became chief; I had command.
There is no reflection on the moment of flight. 15 For seven years I lived among theijiipiru-people. (Then) I released
Noteworthy are the pair of political tales from Syria in the birds (to observe their flight) and looked into (the entrails of) lambs
middle of the second and early first millennium. About 1500 a (and found) that after seven years Adad/Tessub had become
young man, the Syrian prince Idrimi, found himself forced to flee favorable to me. So I built boats, made Nulla soldiers board them,
into exile, and his laconic monumental inscription on a rather ugly approached the country Mukis via the sea and reached shore below
statue of himself recounts his adventures, which allowed him to Mt. Casius. I went ashore and when my country heard of me they
brought me cattle and sheep. And in one day, and as one man, the
collect a force of warriors and eventually to recapture the capital
countries Ni', Ama' e, Mukis and my city Alalakh turned to me. My
city of his fathers, Alalakh in Syria, now in Turkey, where his
allies heard (about this) and they came into my presence. As soon
inscription was found. He wrote that he lived in Canaan, a region as they had concluded a treaty with me, I protected my allies.
south of his home city, for seven years and became the leader of
other exiles from Alalakh, who acknowledged him because ofhis Idrimi studied bird omens and animal sacrifices, and he saw
favorable omens from Adad or Tessub, the storm god who made
rainfall agriculture possible. His attack on the Alalakh region was
successful because people supported him who were related to the

Wilson, "Sinuhe," 21, 19. On co-regency see William W. Hallo and William
14
16 A. Leo Oppenheim, in Ancient Near Eastern Texts, edited by James Pritchard,
Kelly Simpson, The Ancient Near East: A History, 243 and n. 12. 557-558 with corrections suggested in the discussions by Edward L. Greenstein and
IS See Martin Noth, Exodus, (Philadelphia: Westminster, 1962), 30. After David Marcus, "The Akkadian Inscription of Idrimi," Journal of the Ancient Near
committing murder, Moses learned there were witnesses: "Then Moses was afraid and Eastern Society 8 (1976): 59-96, and by Manfried Dietrich and Oswald Loretz, "Die
thought, 'Surely the thing is known '" (Exodus 2: 14b). But he did not flee then: "When Inschrift der Statue des Konigs Idrimi von Alalah," Ugaritforschungen 13 (1981): 201-
Pharaoh heard of it, he sought to kill Moses. But Moses fled from Pharaoh ..." (Exodus 269. For Idrimi see Horst Klengel, "Idrimi," Reallexikon der Assyriologie 5 (1976):32-
2:15a). 33. See the transliteration in Appendix II.
110 CHAPTER FOUR FLIGHT IN STORY 111

exiles who had befriended him, and he toppled the usurping sheep-owner, named Nabal (literally "Fool"), for a contribution to
regime apparently without a battle. his men. Nabal answered, "Who is David and who is Jesse?
For Idrimi the escape was an unfortunate interlude, but one in Today the slaves are many who have broken away, each one from
which he obviously learned political skills that allowed his his lord" (1 Samuel 25:10). David ended up getting his goods, but
eventual triumphant return. It may be that some slaves escaped Nabal resented David's escape and his status. Nabal's rejection of
when the situation in the household changed for the worse, and David underlines the notion that the experiences of a free refugee
they too would have welcomed a chance, rather unlikely for them, and an escaped slave may in such cases have been similar."
to return as lord ofthe very same household, as Idrimi was able to Also as one reads 1 Samuel with a view to the flight involved,
do. This prince was the same person who entered into the treaty it seems not unlikely that the great dithering that David did before
with Pilliya discussed above in Chapter Three; that text. shows actually escaping parallels the experience ofsome other escapees.
both princes promising to return each other's fugitives. So Sinuhe left on impulse, but most successful escapees probably
Idrimi's experience as a fugitive himselfseems not to have colored planned ahead. David believed he needed to sound out his political
his later thought or made him more sympathetic to fugitives. master, Saul, about the likelihood of a productive future in his
These two texts give us a rare insight into ruling class attitudes court, and Saul was of two minds. Sometimes he was consumed
and show that class considerations in this case overcame any by envy ("an evil spirit from God rushed upon Saul" 1 Samuel
possible effect ofexperience. The reestablished king did not recall 18:10), and other times not, so that right up till the moment of
his own life of exile in ways that affected the treaty into which he escape David was unsure what he would do. He was also retained
entered. Or perhaps he did in that he had seen how effective and by ties of affection to Saul's household; he left a wife there, and
dangerous an unreturned exile could be, and he wanted to avoid much was made in the stories about his affection for Jonathan,
allowing exiles to organize as he had once done. Saul's heir, and Jonathan's for him (1 Samuel 18-20). Therewere
The other tale with a similar plot is the story of David in Israel ofcourse later dynastic reasons for playing up these relations since
around 1000 RC.E. 17 David had risen according to the biblical they tended to legitimate David's eventual claim to the throne, and
book of 1 Samuel from being a court musician or common soldier yet they make sense as a restraining factor to any runaway.
to being a military leader under King Saul, but Saul was envious For some time David appeared to stay in the vicinity, and this
of the popular acclaim David's military successes brought him, too may not have been uncommon among runaways. He enlisted
and eventually he sought to undermine David's position and even the help, though not the political support ofpriests at Nob, and an
to kill him. With the collusion ofSaul's son David made good his official of Saul was present to observe this aid, which the king
escape to the desert fringes of Judah, where he made a safe haven interpreted as treasonous help to a runaway (1 Samuel 21).19
for his family and began to attract and to organize guerrilla It is hard to make sense ofthe early story ofDavid's encounter
fighters from the disaffected in his society. He made his living with the Philistine king (1 Samuel 21:10-15), where the king sent
marauding in the desert and collecting protection money and
promising not to raid landholders and shepherds. At sheep-
shearing time in the spring he is said to have approached one large 18 1 Samuel 25: 10 ~'N O'~'~l1Y.lil O'1:J.}l ):J., orn '~'1:J. 'Y.l1 1)1 'Y.l
1')12'1. ')~Y.l
Hebrew quotations are from the Biblia Hebraica Stuttgartensia 4th edition, 1990.
19 On the politics of this incident see P. Kyle McCarter, I Samuel, (Garden City,
17 Giorgio Buccellati, "La 'camera' di David e quella di Idrimi, re di Alalac,"
Bibbia e Oriente 4 (1962): 95-99. New York: Doubleday, 1980), 365-367.
112 CHAPTER FOUR FLIGHT IN STORY 113

him away because he seemed mad; he did end up with the Saul spent some time and money seeking the fugitive, but
Philistines, but the earlier story may reflect David's uncertainty without success. David's friend Jonathan even contacted him in
about what political role to try to play now that he was no longer one of his haunts and reaffirmed his support for him (1 Samuel
part of the Israelite power structure. The role he perfected was 23: 16-18). There were good dynastic reasons for preserving this
that of a peripheral figure, available for opposition to Saul, but speech in which Jonathan seems to envision David's becoming
also to support the Philistines when such support did not alienate king, but the fact of continued contact in spite of flight makes
his base back in his home area ofJudah. 1 Samuel 22: 1-2 sketches sense from later analogous situations. The wild story of David's
his base in politics and how it grew: creeping into Saul's camp and cutting offhis skirt to taunt him (1
Samuel 24) led to another dynastic promise (:20-22; and compare
David departedfromthere (Philistine Gath) and escaped to the cave 1 Samuel 26:25 with the stealing of a spear and water bottle).
of Adullam; and when his brothersand all his father's house heard After this period of Saul's active but fruitless pursuit, David
it, they went down there to him. (2) And every one who was in determined to flee further, again to the Philistines (1 Samuel 27: 1-
distress, and every one who was in debt, and every one who was 4), and the added distance did keep the master from seeking the
discontented, gathered to him; and he became captain over them. servant any more.
And there were with him about four hundred men.20
David parlayed his good behavior into a grant ofa village from
the Philistines after a year and a third (1 Samuel 27:5-7). He
David's followers may be seen as a kind of mobile maroon
began his regime ofraiding, mostly against traditional enemies of
community in that they were all trying to escape something,
the Judahites, and he lied to his Philistine master, making him
although runaway slaves were not explicitly mentioned. Such
think David was raiding Israelites too. This vassal-like position in
communities are well-known in other ages, especially as nomads
another, foreign, and for David's purposes looser, political system
on the desert fringes of the Near East. Not all nomads derived
allowed him to build up his local political support. Because ofthe
from such former sedentaries, at least as far as their memory goes,
Philistine distrust ofhim he avoided fighting on the Philistine side
but some must have, in any period."
in the battle in which Saul died, and when he returned to his
village and found it raided, he avenged himself on the raiders,
being sure to send some of the spoil "to his friends, the elders of
20 ))J.N n)J."'::n ))nN )Yr.:l'lJ)) D?1Y mYr.:l"'N \??r.:l') D'lJr.:l1)11?') (I)
Judah" (1 Samuel 30:26), and this may have been his earlier
ilr.:l'lJ )'?N rri»
practice too.
'lJ'N"':J) N'lJ) )?,'lJN 'lJ)N"':J) P)::::lr.:l 'lJ'N"':J )'?N )::::lJ.pn')(2) Like escaping slaves, David returned to a different role from
'lJ'N mNr.:l YJ.1N:J my )'il') 1'lJ? Dil'?Y 'il') 'lJ!))'r.:l the one he left, and his ability to do so derived from his very
Compare the 1816 description of maroon activity by the governor of South Carolina,
quoted in Herbert Aptheker, American Negro Slave Revolts, (New York: Columbia successful escape. It was political chance, and the religious would
University Press, 1943),258: say divine will, that allowed David to build a power base in that
A few runaway negroes, concealing themselves in the swamps and marshes alternative community. It might well have turned out differently
continguous...,not having been interrupted in their petty plunderings for a long time,
formed the nucleus round which all the ill-disposed and audacious near them if Saul's son had more vigorously attempted to succeed him and
gathered until at length their robberies became too serious to be suffered with if he had outlived his father. In that regard the experience of
impunity.
slaves might have been similar in that they fled when the master's
21 For the fluidity between the nomad and the sedentary see Fredrik Barth, Nomads
attitude toward them changed for the worse, and the attitude ofthe
ofSouth Persia, (Boston: Little, Brown, 1961).
114 CHAPTER FOUR FLIGHT IN STORY 115

master's heir toward them would determine whether they wished community of what looks to us to be multinational supporters,
to stay away after the master's death. onto a new stage.23
Because ofthe all-important fact that David did become king,
it was hard for later observers dispassionately to look back at his
pre-royal days, and certainly the preservation of the stories owes 3. CONCLUSIONS
much to the importance offirming up the flimsy relations between
the legitimacy ofthe family ofSaul and the new dynasty ofDavid. The ideology ofthe literate about flight and freedom was ambiva-
But the outlines of his flight do make a certain sense. As with lent. On the one hand the public order was felt to be broken by the
other Israelite stories, there are such shameful elements present escapes through the permeable membrane ofslavery and depend-
that a narrator uninterested in anything besides the glory of the ent labor, and this was a very bad thing. Free persons ought, under
dynasty would have omitted them, as the Chronicler did, writing that ideology, to cooperate to return runaways. And states too,
several hundred years after the Samuel-Kings narrators." David insofar as they had the strength and political will, ought to
had chosen flight and in so doing had tried on a new identity, as an exchange runaways, though the persons frequently envisioned
independent political and military chief. He had made new were politically powerful and potentially revolutionary to their
connections, with old enemies mainly, but he also was careful to home states.
secure his home base, and, when circumstances conspired to The ideologists saw that in fact the ideal system did not obtain,
deprive Israel of its ruler, he was ready. and that free persons did harbor runaways. Those persons
The contemporary slave would not have succeeded as well, obviously were to be punished, but the systems of thought
even in the best of circumstances. But one may imagine that the provided a tariffofwrongs, where simple harboring would be less
successful runaway would have liked to maintain some contact bad than transporting a runaway. The stories of characters who
with the home community from which she had fled, if possible escaped show moreover that intellectuals could see that escape
bringing family members along, or, as in David's case, being was a chance for restructuring one's identity, and that sometimes
joined by them later. And though a new identity was forged in such an option was unavoidable, even by the most faithful and
freedom, some elements of the old were preserved. In David's historically portentous figure like David. Escape provided a way
case one may say that he became dependent on a new set of ofimproving prospects and changing fortunes, and the geography
professional behaviors in that he became a full-time raider or of the Near East, with nearby deserts, mountains, and marshes,
pirate. Some might say that his function for Saul's government meant that escape was always an option. Nomads melted into the
had been similar; only the targets were different. The escaped desert each autumn, the mountaineers retreated to their mountain
slave might also have been exchanging one farming plot for fastnesses each summer, and no one could track the marsh-
another, so that the rhythms of life would remain similar in dwellers. One could follow in their footsteps and become, if one
freedom. And yet something had changed. David was no longer
the servant of another, and he could wend his way, with his new
23 The supporters are multinational as we see them in 2 Samuel 23, where some are
neither Judahite or Israelite. See my "The Structure ofPolitics in the Age ofDavid," in
the Luigi Cagni Memorial Volume, (Naples: in press), Table I, where I count 3
22 Contrast the truncated 1 Chronicles 10-11. See J. Botterweck, "Zur Eigenart der foreigners, 1 Trans-Jordanian, and 5 of unknown origin among his "mighty men." But
chronistischen Davidgeschichte," in Festschriftfur V. Christian, edited by K. Schubert, the whole idea of nationality is one that arose probably as a result of David's dynasty
12-31, (Vienna: Notring der wissenschiiftlichen Verbiinde Osterreichs, 1956). and almost certainly would have been meaningless in his own time.
116 CHAPTER FOUR

were lucky, free ofold encumbrances, and ifone were very lucky,
one might end up even better off than that. CHAPTER FIVE

FREEDOM IN ISRAEL

It is important to look at the legacy of Israel separately on this


issue because it allows us to gain another perspective, and one that
proved central in the later development of the idea of freedom in
the early modem West. As noted before, the key thing to remem-
ber when we try to understand the stories of the Bible, which are
our only real source for Israelite history, is that they come to us in
a very different way from the ways other Ancient Near Eastern
texts have reached us. Whatever the original purpose of a
Mesopotamian text, it is physically extant and can be studied as a
physical object before us. That is not true ofBiblical texts, which
we have only in later copies, copies that may have been open in
some periods to elaboration, addition, and deletion, though it is
clear that at some point, probably late in the first millennium
B.C.E., the people who copied them came to feel that they ought
not to be altered, and they took great pains to assure that the texts
were accurately copied. Biblical texts are canonical in the sense
noted above in that they come to us as part of a self-renewing
tradition of copying.
Biblical texts are of interest because they come from people
who were not well represented among authors in other Ancient
Near Eastern societies. Almost everything we have from the rest
of the Ancient Near East is from kings and people paid by kings,
and consequently the texts display a bias toward institutions kings
supported. There are some important and interesting exceptions,
but there are not many of them.
In Israel in contrast one can see that kings did not dominate the
surviving literature. The attitude of the literature toward kings
was sometimes positive and sometimes negative, but always at a
distance from the royal center. To simplify one might say that the
Hebrew Bible was composed by people more sympathetic to
118 CHAPTER FIVE FREEDOM IN ISRAEL 119

prophets, the religious visionaries who were frequently critical of It will be remembered that Patterson was categorical in his
leaders, and most ofwhom may have been personally unknown to rejection ofIsrael's having any important contribution to Western
kings. Of the prophets who left books only Isaiah seems to have ideas of freedom. He writes, "[Israel's] epic history, in which its
had any direct interaction with a king of Israel or Judah. So to Egyptian sojourn was retrospectively reinterpreted as slavery, has
contemporaries the compositors of the Bible may have been no special part in the history of individual freedom." Patterson
obscure intellectuals not in touch with the great political decisions does not elaborate on his refusal to examine Israel; one can only
of the day and not always in sympathy with the people making speculate that the refusal is based on his admiration for the
them. We believe that literacy was not a royal monopoly in Israel, elaborateness ofthe Greek discussions which he does examine. It
and it probably was not in some periods of Mesopotamian history could be that Patterson would follow Martin Ostwald's later
either, but dissenting literature did not get studied much in formulation that "Hebrew 'redemption' is not a progress from
Mesopotamian educational traditions; in Israel it did. domination by a tyrant or occupation by an alien power to
The reason for this difference in ideological situation may be independence and freedom, but rather an escape from slavery to
a simple and external one. Much ofthe work ofthe Bible's writers Pharaoh to service (=slavery) to God."'
criticizes power structures and predicts on the basis of the This understanding is a possible one, and yet it seems to be
experience of other small states in the region that the structures based on a superficial reading oftexts like Exodus 10:26, where
would crumble before the Assyrian Empire and later the Babylon- Moses commands the people, "and also your cattle shall go with
ian Empire. These predictions proved correct, and the people who us; there shall not.remain a hoof, for from it we will take to serve
preserved the words of prophets and others may have done so the Lord our God, and we will not know with what we will serve
because the opponents to kings wanted to guard against the rise of the Lord until our coming there." They were to escape to the
other similar politicians, and they wanted to inculcate the values wilderness to serve the Lord, but that service was not just servi-
that they held and their view ofthe God ofIsrael as a single world- tude; it involved religious sacrifice and ceremony, as one sees in
ruling entity. This must have seemed a quixotic idea to outsiders, the parallel expression Exodus 5: I, where the Lord speaks through
but to the intellectuals and their successors, it made perfect sense, Moses to the Egyptian king, "send my people so they may have a
and world history as it was then understood was incorporated into festival for me in the wilderness.'?
divine history. Thus the "service" to which Moses called the Israelites to
What this means for the study of flight and freedom is that the escape was not slavish obedience to God or a new priestly power
intellectuals might take positions that were not predictable on the
basis of their being part of the ruling class, even though they
probably mostly were of a high social status. They may not have I O. Patterson, Freedom I. Freedom in the making ofWestern Culture. (New York:
been involved directly in administration ofsystems to keep people Basic, 1991), 33. Compare also 405, where he concedes, "The vision of Israel emerged
in slavery and servitude, and so they felt free to criticize the people from the bondage of Egypt," and culminated in the story of Jesus, "the ultimate
veneration ofchoice," 406. Martin Ostwald, "Freedom and the Greeks," in The Origins
that were in charge. The intellectual tradition long outlasted,
ofModern Freedom in the West, edited by Richard W. Davis, 35-63, 43. Richard H.
indeed outlasts, the political, and when Judaean independence was King notes that Patterson has "a puzzling blind spot" on the importance of the Exodus
put to an end in 587 RC.E., the prophets and their friends did not story for liberation, perhaps because this story refers to collective freedom, which
nonetheless is part of freedom; see his review of Patterson, Freedom I, History and
stop being critical of what was going on. Theory 31 (1992): 326-335, 333-334.
2 1::lY'J npi UY.lY.l 'J iltl1£l1N'lln N'J ))Y.ly 1'J' mpzrn» Exodus 10:26.
120 CHAPTER FIVE FREEDOM IN ISRAEL 121

structure but rather the worship due an ancestral deity. Eventually, behavior, and yet the memory of dissent, even wrongheaded
of course, religious thinkers would occasionally advocate a dissent, is of importance in the later tradition. 5
theocracy or rather a hierarchy, where priests ruled, but others As Ostwald saw, the word for service and for servitude were
were not sure the priests were really good enough to deserve a the same in Biblical Hebrew, but Walzer writes, "The difference
share in God's authority.' is this: slavery is begun and sustained by coercion, while service
At some point in the development ofIsraelite thought a concern is begun and sustained by covenant." That is, the people had
for the individual's freedom to interpret scripture and God's will agreed to serve the Lord, and thus they had given up some oftheir
became a prominent feature. But it may be that the clearest texts freedoms for a greater liberation from political oppression in
about this are late and might arguably be under Greek influence, Egypt. The date when a covenant was invoked for the first time
ifonly indirectly. It is nonetheless obvious that many and perhaps is an open question, and many would associate its advent with
most Western thinkers have not seen the escape to the wilderness Deuteronomy and the fall of the northern kingdom in 722 RC.E.
as an escape from one tyranny to another, but something quite Still, even if it was later, it must have been based on some sort of
different that does have direct implications for later thought about earlier tradition, and it seems in retrospect to be compatible with
human freedom." ideas of individual liberty,"
A sustained argument in that direction comes from Michael Walzer traces the anti-monarchic strain in Israelite thought,
Walzer in Exodus and Revolution. Walzer points out that the word especially in the stories of Judges. Here it seems that the
for redemption in Hebrew as in English came from a legal term sovereignal freedom was claimed by individuals who were not
meaning to buy the freedom of a slave. He argues that Jewish themselves kings. Walzer goes on to argue that the idea of
religion can be understood as a theology offreedom. Some in each revolution against established authority is a Western idea that
generation certainly saw Jewish religion as emphasizing freedom, starts in Exodus, and that Exodus shows the beginning of a long
and the stories talk of rebellion in the wilderness by Israelites
against their leaders and of murmuring, the criticism of leaders.
Such stories were probably preserved in order to discourage that

5 (New York: Basic, 1985), esp. 24-25. He attacks directly views like Ostwald's
3 See the critique of priests in Exodus 32, where Levites were favored. Those above: "The Exodus, after all, would look very different had the people simply
. lower-status cultic practitioners might sometimes have been lumped together with transferred their slavish obedience from Pharaoh to God," 73. Compare David Daube,
priests, and all priests were supposed to be from Levitic families, as Moses had been. The Exodus Pattern in the Bible, (Westport, Connecticut: Greenwood, 1963),45: "That,
But such stories show that the conception of who should lead was not monolithic. See paradoxically, this change of master follows from a.rescue into liberty is already an
on the problems of the passage Brevard S. Childs, The Book ofExodus, (Philadelphia: element in the original scheme: a captive bought back becomes his ransomer's
Westminster, 1974),561-562. bondman, ..."
4 The tension even in the Biblical era between the authority ofthe text and the need Among the profound echoes of Exodus note that Denmark Vesey, the 1822 leader
to interpret it for current needs is stressed by Michael Fishbane, Biblical Interpretation in Charleston, South Carolina, of the most developed American slave conspiracy, read
in Ancient Israel, (Oxford: Clarendon, 1985), 542-543. He says, .....the texts and to his followers "how the children ofIsrael were delivered out ofEgypt from bondage,"
traditions, the received traditum of ancient Israel, were not simply copied, studied, quoted by Herbert Aptheker, American Negro Slave Revolts, (New York: Columbia
transmitted, or recited. They were also, and by these means, subject to redaction, University Press, 1943),269, with his emphasis. See David Robertson, Denmark Vesey,
elucidation, reformulation, and outright transformation. Accordingly, our received (New York: Knopf, 1999), 138-139.
traditions are complex blends of traditum [content oftransmission] and traditio [process 6 Walzer, Exodus, 74. On the problem of dating covenants see George Mendenhall
of transmission] in dynamic interaction, dynamic interpretation, and dynamic and Gary Herion, "Covenant" in Anchor Bible Dictionary, edited by David N.
interdependence." Freedman, I: 1179-1202, 1183, (New York: Doubleday, 1992).
122 CHAPTER FIVE FREEDOM IN ISRAEL 123

struggle which was not quickly or easily brought to fruition in a although one must be careful to admit that classes in the modem
specific free society but is an ongoing mission." sense might not exist. 8
Walzer writes in the heat of the 1960s even though his book Job 3: 19 shows that death was perceived as dissolving human
was published later, and the interest in Latin America in liberation bonds, and was a place where "the slave isfree from his master."
theology based on the Exodus story is in the background of his The Lord in Job 39:5 has also "let the wild ass go free," implying
thought. One can argue that it is not only the Exodus story itself that the term is more than a technical term in slave-holding and
that speaks of liberation in a way that is sympathetic to escaping approaches the general meaning oifree in English. Isaiah 58:6b
slaves. But before exploring freedom beyond Exodus, let us has the Lord choosing to "set oppressed onesfree," again arguing
consider the words used. for a broad understanding, while Jeremiah 34:9-16 used the same
term "set free," literally "send free," in the context of actual
manumissions of slaves."
I. TERMINOLOGY Another word in the Bible is sometimes translated remission of
debts, and is usually linked with a year in which that was to
Israel had a somewhat different vocabulary of freedom, but one happen. All references are apparently from during the exile to
that may at several places be connected to the Sumero-Akkadian Babylon, and it is conceivable that the term, d'ror, cognate to
discussed above. The simplest to explain is hofsi; "free," a reflex Akkadian andurdrum, is influenced by it if not directly derived
of Akkadian bupsu noted above. from it. But, as noted above, the practice of setting freedom in
Most uses of 1}.ofti are almost certainly relatively late in the edicts had apparently died out with the Old Babylonian period,
course of Israelite history. References always refer to freedom around 1595 B.C.E., though reference to such "freedoms"
from slavery or constraint, except for the enigmatic 1 Samuel continues into the Middle Babylonian period. But the term might
17:25, which is in a passage that the Septuagint omits and not be likely to have made a strong impression on exiled Jews
therefore may be a late addition to an earlier text; David was being years later. Still, its use is vague and its contexts seem to imply
told what Saul planned to do for the soldier who killed Goliath: that the remission had a place in the ideal vision of behavior

...the king will make him rich with great riches and he will give him
his house, and the house of his father he will make free in Israel.

It is not clear what exactly this might mean, though commentators 8 I Samuel 17:25b l~:lN n~:l nNl l?ln~ m:l-nNl ?n) 1'l1Y l?y')il U1'l1Y~
have usually suggested that it implied exemption from taxation. ?N1'l1~:l ~'lI!)n il'llY~
Sometimes 1}.ofti means "freedman," and the existence of a term 9 Job 3: 19 1~)1Ny') ~'lI!)n 1:lYl Nlil O'll ?11)1 rap
for freedman means that there was a recognized class offreedmen, "The small and the big are there, and the slave is free from his master."
Job 39: 5 nns ~Y.) 1ny n11Um ~'lI!)n N1!) n?'lI"")Y.)
"Who sent the wild ass free, and who opened the bonds of the savage ass?"
Isaiah 58:6c iprun il\?m-'.J:::ll o~\!J!)n O~~1~1 n?'lIl
"And send the oppressed ones free, and break off every yoke."
7 Compare the anti-monarchic texts Judges 8:23: "The Lord shall rule over you," Jeremiah 34: lOb 'n?:l? O''lI!)n mn!)\!JJlN 'lI'N n:ly-nN 'lI'N n?'lI
O:::l:l ?'lIY.)~ mil" as Gideon rejects the kingship, and Hosea 8:4 "They have set up 1W orny
kings, but not by me [the Lord]," ~mY.) N?l l:::l'?Y.)il Oil. See Walzer, Exodus, 128-129, "...to send each one his servant and each his maidservant free without working them any
133,149. more ..."
124 CHAPTER FIVE FREEDOM IN ISRAEL 125

among religious intellectuals and may not have had much reflec- In light oflater developments in Hebrew and in other languages
tion in social reality.'? of the region it may be of interest too to note that the Hebrew
Leviticus 25:10 looks forward to an ideal time and commands, Bible uses a term which is usually translated "noble" which later
will become the standard term for free, hor, perhaps related to the
Andyou shallsanctify the year of fifty years, and call a remission in ethnic term burru noted above in Akkadian contexts. The term in
the land for all its inhabitants; it will be a jubilee for you, and you the Hebrew Bible is always plural and usually paralleled to words
will return each to his possession of land and each to his family. for "princes," "elders," or "officers" and denotes people of
responsibility and wealth, though a hereditary nobility in Israel at
The idealism of the command is clear in what follows since you any period seems very unlikely. The references are the textually
are not to sow or harvest in that year, trusting to God's benefi- problematic Isaiah 34:12, a prediction of doom; Jeremiah 27:20,
cence. Leviticus may presuppose the events of the Jeremiah and referring to the king and the important people taken into exile; 1
even the Isaiah passages discussed below. Ezekiel 46: 17 foresaw Kings 21:8, referring to the people to whom Jezebeel wrote in
a gift from a leader reverting in the year of the remission. Isaiah order to get Naboth out ofthe way; Ecclesiastes 10:17, where the
61: 1 also foresaw a blessed year for the remission, and the people sage praised a land whose king is a son of a "noble" (Revised
immediately affected were "captured ones," not necessarily Standard Version: "free man"), contrasting to a land ruled by a
debtors, as one might think. This development implies that the child (:16); and Nehemiah 2:16,4:8, 13,5:7,6:17,7:5, 13:17,
term remission was not limited to debt. II where contemporary leaders and opponents were called "noble.?"
In later Hebrew the term for freedom is /Jeriit, derived from
hor, "noble," and the term /Jofti continues too. Sometimes these
10 F. Stanley Jones, "Freedom" in Anchor Bible Dictionary, edited by David N. are technical terms referring to manumission from slavery, but at
Freedman, 2:855-859, (New York: Doubleday, 1992). See M. Liverani, ":EY./lYK E others a more general sense may be implied."
MI:EQP,"inStudi in onorediEdoardo Volterra, 6:55-74, 61, 63 (Milan: Giuffre, 1971).
II Leviticus 25: 1Ob 1111Omnp) illV O'Vnnil 1l)VnN OnV1pl.
'(1N:l il':lV'?:J'J
See. R. North, "D'ror," in Theological Dictionary ofthe Old Testament, edited by G.
Johannes Botterweck and Helmer Ringgren, 3:265-269, (Grand Rapids: Eerdmans,
1978). This verse is the source for the quotation on the American Liberty Bell:
"Proclaim liberty throughout all the land unto all the inhabitants thereof," there
mistranslated as in the King James Version. Contrast the Revised Standard Version:
"proclaim liberty throughout the land to all its inhabitants." Note that the Liberty Bell
only became a symbol of freedom in the course of the Abolitionist agitation in the
1830's; see Eric Foner, The Story ofAmerican Freedom, (New York: Norton, 1998),89. rnpnpa O'11ON'J) 1111 O'):lV'J N1P'J
Compare David Kimball, Vernerable Relic: The Story ofthe Liberty Bell, (Philadelphia: "The spirit of the Lord God is upon me because the Lord has anointed me;
Eastern National Park and Monument Association, 1989),38,44,55-60; it was "the Old he has sent me to announce good news to the humble, to bind up the broken-hearted,
State House Bell" before then. to proclaim liberty to captives, release to those in prison."
Ezekiel 46: 17 1l)V'Y )'J nmm )'1:lyn 1nN'J m'Jnm runn )n'""':J
12 See 1. Van der Ploeg, "Les chefs du peuple d'Israel et leurs titres," Revue
nmn Oil'J )'):1 m'Jm IN N'V)'J n:lV) 1111il
Biblique 57 (1950): 40-61, and his "Les 'Nobles' israelites," Oudtestamentische Studien
"And when he gives a gift from his inheritance to one of his slaves, it will be his until
9 (1951): 49-64.
the year of remission, and then it shall stay with the prince; but his inheritance will be
for his sons." 13 See /Jifyrut "freedom" in Morris Jastrow, A Dictionary of the Targumim, the
Isaiah 61:1 'nN mil' nvn )Y' ''JY mil' ')1N n11 TalmudBabli and Yerushalmi, and the Midrashic Literature, (Brooklyn: Shalom, 1967),
:l'J""'1:lV)'J V:ln'J ')n'Jv omy 1V:l'J
j 1:460. See also the discussion of terms in Chapter One above.

I
I
126 CHAPTER FIVE FREEDOM IN ISRAEL 127

2. PRACTICE IN NARRATIVES terms; he was not threatening the king or kingdom. It was assumed
that the owner had the right to pursue the slaves. It is of interest
While David was an exile trying to avenge a raid on his own that the court of Achish in Gath was also the goalof David when
village, he came upon an Egyptian slave who had been left behind he decided to run far away from Saul (1 Samuel 21 :11 [English
by his Amelekite owner because he was sick. The Egyptian :10D, where he feigned madness, and again in 27:2 with his
admitted his status, and David asked him to show him the camp of guerrilla band." It is possible that Shimei's slaves, like David,
the raiders; he agreed, if David would swear not to kill him and were aware of the political tensions between the states of Israel
not to give him over to the hand of his owner. David apparently and Gath and so surmised that they might be less likely to be
agreed. 14 This story does not concern a runaway as such, but retrieved from there. The political situation must have changed in
David, for his own strategic reasons was willing to feed and Israel's favor between the times of the two stories, and so Achish
support the man because he could tell him something he needed to and his officials were more inclined to inform an Israelite that his
know. David in the text did not assert any general principle, but escaped slaves had sought refuge in Gath.
the narrator apparently found his behavior reasonable. There are several other instances ofescape, and the assumption
Probably a more typical story, which is not sympathetic to seems to be always that this is an illegitimate effort. Hagar was
escape, is one casually told at the-end of the David stories in the the only person obviously a slave who escaped in Hebrew Bible
time of Solomon his son. A notable named Shiinei who was stories. She fled when she successfully bore Abraham a child but
related to Saul had publicly ridiculed David when he was in then incurred the wrath ofher mistress Sarah, who had suggested
distress, blaming Saul's death on him (2 Samuel 16:5-13). that she serve as a surrogate mother for her. An Egyptian, she fled
Solomon announced to him that he would have to stay in Jerusa- in the direction ofEgypt along the way of Shur, when the messen-
lem, having built a house there; ifhe ever left the city, he would ger of Yahweh found her near a well and asked where she was
be killed. But Shimei forgot the duty to remain under city arrest: going. Instead of explaining where she was headed, she said she
was fleeing from before her mistress; the messenger ordered her
1 Kings 2:39-40 And it happened after three years that two of back to Sarah with the promise that her son would found a great
Shimei's slaves fled to Achish son of Maacah, king of Gath, and people, but she would have to submit herself to her lady. Later
people told Shimeisaying, Look, your slavesare in Gath. So he got when Sarah had herself successfully borne Abraham an heir, she
up and saddledhis donkey andwentto Gathto Achishto requesthis insisted on Hagar's explusion with her son, and the two ended up
slaves, and Shimei went and returned the slaves from Gath." in roughly the same southern wilderness again. This time they
were not clearly heading for Egypt but were wandering near
Naturally this lapse gave Solomon the chance to have him killed Bersheba. Again Yahweh intervened to protect them. The son
although Shimei's act seems to be perfectly innocent in political lived in the desert of Paran, in the same general area, and Hagar

14 I Samuel 30: 15: ')IN''J. ')1)tln-oN) 'm'y'ln - DN; the story is in I Samuel
30:11-16. 16 Note that the differences in the fathers' names may indicate two different kings
15
'vn'lJ? D'1J.}I""')'lJ m1J.) D')'lJ 'lJ?'lJ ~jJn 'il') I Kings 2:39 were meant, though the similarity of the names may argue against that view: I Samuel
rm l'1J.V mil 1nN? 'vn'lJ? 11')') m l?n il:lVnlJ. 'lJ':lN7N 27:2 Maok (lwn) versus I Kings 2:39 Maaka (il:lvn). See Duane L. Christensen,
'lJ':lN7N nm 1?') nnn-nN 'lJJ.n') 'vn'lJ DjJ') 40 "Achish," in Anchor Bible Dictionary, edited by David N. Freedman, 1:55-56, (New
mn )'1J.VJ1N NJ.') 'vn'lJ 1?') )'1J.VJ1N 'lJjJJ.? York: Doubleday, 1992).
128 CHAPTER FIVE FREEDOM IN ISRAEL 129

his mother managed to arrange for a woman from her homeland of 3. LEGAL COLLECTIONS
Egypt as a wife for him. Like many other runaways, Hagar was
heading home, and when expelled from her household, the Some legal texts deal with escape and freedom, and they are not
traditions hold that she managed to use her ties to the homeland, likely to have been put into effect in a slave-holding society, even
just as the other branch of the patriarchal family attempted to do if the numbers of actual slaves were small and their work of
in getting brides for Isaac and for Jacob. 17 negligible value. Thus it is of great interest to try to understand
Other princelings and would-be princelings besides David fled how these admonitions might have been included in the Israelite
unpleasant courts. In 1 Kings 11:17, :23, and :40 the Aramaean legal material. The texts stress a tradition in Israelite thought that
prince Hadad fled to Egypt, Rezon of Damascus fled from was SYmpathetic to the downtrodden, especially because the
before his lord and then returned to oust him from Damascus, and Israelite intellectuals remembered that they had been slaves in
Jereboam fled to Egypt to avoid Solomon's wrath. 18 Egypt. Deuteronomy 23: 16-17 (English 15-16) may derive from
The case of the prophet Jonah, called on to confront the Northern intellectuals before 722 B.C.E.; what it exhorts is quite
legendarily evil Ninevites, may be a play on the situation of the revolutionary in light ofother Ancient Near Eastern traditions and
escaped slave. Certainly he had great trouble eluding his lord and Biblical practice as seen at least in the 1 Kings 2 story:
eventually had to carry out the distasteful duty ofpreaching to the
Ninevites. The prophet argued that his flight derived from his Do not give up a slave to his masters who saves himself from his
knowledge that the Lord would forgive the evil people (Jonah masters to you. (17) With you he shall live in your midst in the place
4:2). Since he did not agree with forgiveness for such as they, which he shall choose in one of your gates in a place that seems
flight was the only option, although Jonah was aware of God's good to him; do not oppress him. 20
great power and ability to find even fleeing prophets."
20 1~)lN DYY.:ll~?N ?~)~"'\!JN 1~)1N-'JN l:lY .,~mn-N? (16)
unn N? 1? :l)\?:ll~"Y\!J lmo{ .,n:l~"'\!JN mpY.:l:lp"p:l :l\!J~ lY.:lY (17)
Gerhard von Rad, Deuteronomy, (philadelphia: Westminster, 1966), 147, suggests that
17 The storyofthe flight is in Genesis 16:1-16; expulsion is in Genesis 21:8-21. For the last verb is a legal term meaning to reduce to slavery, not just general oppression.
the Road of Shur see David A. Dorsey, The Roads and Highways ofAncient Israel, Note that he misses the contrast with the Ancient Near East, referring to the Alalakh
(Baltimore and London: Johns Hopkins University Press, 1991), 120. For Paran see treaty discussed in Chapter Three. This misapprehension derives from the mistake ofthe
Jeffries M. Hamilton, "Paran," in The Anchor Bible Dictionary, edited by David N. first editor of the Alalakh treaty in not translating the strong oaths as negatives, as
Freedman, 5:162, (New York: Doubleday, 1992). corrected by M. Liverani, "L'Estradizione dei refugiate in AT 2," Rivista degli Studi
Orientali 39 (1964):111-116, 111-112. Other treaty writers also would find Deuteron-
18 Of the 67 occurrences ofthe verbal root n.,:l "to flee" only one other might be
omy's solicitude for the welfare of the slave incomprehensible. See Moshe Weinfeld,
seen as alluding to slavery, Isaiah 48:20, where the Second Isaiah exhorted the exiled Deuteronomy and the Deuteronomic School, (Oxford: Clarendon, 1972), and his "The
Israelites to return to the Land of Israel from Babylonia: Origins ofHumanism in Deuteronomy," Journal ofBiblical Literature 80 (1961): 241-
Go out from Babylon; flee from Chaldeans; D~l\!):>Y.:l 1n.,:l ?:l:lY.:l 1N~
247. Gerhard Von Rad, Deuteronomy, 147. See in general David Brion Davis, The
in a voice ofjoy speak; let this be heard. m-n ))l~Y.:l\!Jn 11~)n m., ?1P:l
Problem of Slavery in Western Culture, (Oxford: Oxford University Press, 1966).
They have taken her out to the end ofthe earth. '{.,Nn n~j71Y mN~~)i1
Raymond Westbrook, "Slave and Master," 1673, suggests that this must refer to an
Say: The Lord has redeemed his slave Jacob. :lpy~ )1:lY mi1~ ?Nl 1.,Y.:lN
international context between nations: "It makes perfect sense, however, when applied
But ifone looks closely at this, it does not fit in with observed realities and remains only to the international sphere, where no right of recovery existed unless expressly
an image since the former owner has bought back the slave, who is now exhorted to flee authorized by treaty. The passage can therefore be seen as a polemic against such treaty
to the land of the lord (and Lord). provisions, and a prohibition on the authorities in Israel against ever including an
19 See Robert J. Ratner, "Jonah, The Runaway Servant," MAARA V 5-6 (1990): extradition clause in their treaties with neighboring states." He argues that since the
281-305, who has briefly surveyed Ancient Near Eastern references to runaways. slave got to choose his place ofresidence, he was by definition not an Israelite; I am not
130 CHAPTER FIVE FREEDOM IN ISRAEL 131

There is no particular context to this statement, and the basis for be enforced, the institution of slavery would have been stamped
thinking that this concern for the escaping slave did derive from out. Since it clearly was not, we may assume again that this is an
Israelite experience is other statements in Deuteronomy, which egalitarian wish that could not be put into effect.
may not be closely related to these verses. Commentators have The same distance from reality may inhere in the Jubilee
guessed that the slave envisioned was not one escaping from an legislation, which is part of the latest large collection of laws in
Israelite owner but from a foreign land who for some reason the Bible, the Holiness Code, apparently connected with priests.
showed up in Israel, and yet that is not explicitly stated. If this The idea seems to be that in the fiftieth year the society should
stipulation had been put into effect consistently and included return any land alienated in the last 49 years (Leviticus 25:10). In
Israelites enslaved in Israel, slavery could not have lasted in Israel, that context the legislators envisioned a temporary abolition of
as it obviously did. We may conclude that this remained a moral debt slavery among Hebrews:
admonition on which few, if any, were tempted to act.
But it is remarkable that it was put forward at all. We can Leviticus 25:39 And if your brother becomes poor beside you, and
attribute this fact to the origins of Deuteronomy among critics of sells himself to you, you shall not make him serve as a slave. (40)
the status quo who were willing to extend their humanistic vision He shall be with you as a hired servant and as a sojourner. He shall
serve with you until the year of the jubilee; (41) then he shall go out
to include some slaves who had managed to escape their masters.
from you, he and his children with him, and go back to his own
This passage shows clearly and explicitly that there were Israelite
family, and return to the possession of his fathers.
thinkers who actually empathized with slaves and valued even the
slaves' freedom; this empathy is more explicit than anything The motivation is explicitly that the Israelites were slaves in Egypt
adduced from Classical Greek literature." (Leviticus 25:42). This legislation is not tantamount to abolition
In this same vein is the rule against "stealing men" which did of slavery, but it does edge closer to abolition than other legal
not mention slavery but which appeared to condemn the practice proposals from the ancient world."
by which many were enslaved. Exodus 21:16 reads, "Whoever A temporary servitude was envisioned in the passages that
steals a man, whether he sells him or is found in possession of speak of slavery for seven years for Hebrew slaves only; other
him, shall be put to death. "22 If such stipulations were actually to slaves presumably served in perpetuity. The oldest stipulation is
probably the one at the very beginning of the oldest extensive
collection oflaws, the Covenant Code, Exodus 21:2: "When you
sure the context was international since it was not explicitly defined, and the
buy a Hebrew slave six years he shall serve, and in the seventh he
Deuteronomic humanism may have been more powerful than practice.
21 David Brion Davis, The Problem, 71, summarizes Euripides' feelings: "...while
shall go out free (or as a freedman) for nothing." Slaves who did
Euripides raised no protest against the injustice of slavery, he sensed that its origins
were filled with dramatic pathos." Stoics viewed slavery as part ofthe imperfections of
the world to be borne by the truly free person, ibid., 76. Compare the several passages l:l1pn Y1il n1Y:1)xmn ann nrn n:JY.n n-,nynm
adduced in Patterson, Freedom I, 88-132. 23 1:1Y nny n 1:1yn-N" 1"-':J):») 1ny TnN 1m'''):J) (39)
22 nY.n) m» )1):1 N~n)) n:JY.n\!J)N :1In 1ny ny' ":1'il m\!J-'y 1ny il'il' :1\!Jm:J 1':J'lJ:J (40)
Compare the somewhat more explicit Deuteronomy 24:7, which seems to expand the :1)\!J' )'n:1N mnN7N) mn£l\!JY.l7N :1\!J) my )'):1) N1il1nyY.l N~')(41)
Exodus verse: "If a man is found to have stolen a soul from his brothers from the David Brion Davis, The Problem, 62-90. The Stoics in the Hellenistic period opposed
children oflsrael and has entered into commerce with him and sold him, then that thief slavery in principle, but it was only until Quakers in the eighteenth century began to
is a dead man, and you must bum out the evil from your midst." question their earlier involvement in slave trading that there arose an organized
"N1\!J' '):1n )'nNn \!J£l) :1)) \!J'N N~n)"):J movement for abolition, 72-78, 291-332.
132 CHAPTER FIVE FREEDOM IN ISRAEL 133

not wish to go free but wished to remain with the families whom manumission itselfmight be hard for slave-owners to accept, but
the masters had provided could so declare and have their ears they rationalized that the slave served six years for "halfthe wage
bored as a sign of their permanent slave status, and they could of a hired laborer," and thus that the slave owner was getting a
serve forever (:6).24 great deal. 26
Females were to be dealt with differently, unless they had been In the dark days after the initial Babylonian conquest in 597
made wives of owners or owners' sons and had not been treated RC.E. and the exile of some of the opinion leaders Jeremiah 34:
properly with regard to food, clothes, and marital duty; if ne- 8-17 shows how the remission was supposed to work but did not
glected, then they might "go out for nothing; there is no money" actually work. Jeremiah related that the Judahite king Zedekiah
(Exodus 21:7).25 The reason for the difference in treatment had made a covenant and called a remission for the Judahites "to
apparently lay in the different roles envisioned for men and send forth each one his Hebrew slave and slave girl," and the
women. The women could look forward to being honored wives, people did so but then captured them and reimposed slavery. So
and if they did not get their due, they could go free. But the men the prophet reproached the slave-holders with the Lord's threat
were seen as potential heads of households who would value and used the term remission ironically:
freedom and might even choose it over adherence to their slave
families. It is perhaps ironic in light ofPatterson's arguments that 34: 17 So thus says the Lord. You did not hear me to call a remission
freedom was first perceived as a value because of the experience each for his brother and each for his fellow; here I am calling a
of females that they were not more favored with access to remission for you--the speech of the Lord--for a sword and plague
freedom in Exodus. and famine, and I'll turn you into a terror to all the kingdoms of the
earth."
In the parallel sections of Deuteronomy freedom for women
definitely moved to the fore. Deuteronomy 15:12 is explicit that
the seven-year rule should apply to women as well as men. The
26 Deuteronomy 15:12: lY.lVY.l ~'lJ!)n ))n?'lJn vs. Exodus 21:2: mn ~'lJ!)n? N.::l~.
terminology is a bit different, since "you are to send them forth
Deuteronomy 15:18: 1~:l\!J 1:l\!J m'lJY.l "half the wage of a hired laborer."
free," while Exodus had the man merely "going forth." The role of This raises the question of how much slaves cost and what the wage of a hired
the manumitter was paramount, and this is in line with Deuteron- laborer was. We cannot say from texts contemporary to Deuteronomy in Israel, but
omy's purpose as an admonition to those who had power over there are slave prices preserved in Genesis 37:28, where the Ishmaelites paid 20
(shekels) of silver for Joseph, and Hosea 3:2, where he paid 15 (shekels) of silver and
others to treat them more justly. Not only were they both to go a homer and a measure of barley (about 120 liters) for an adulteress.
free; they were also to get gifts of sheep, grain, and wine to start We have the following wages attested in the Bible:
them off in their new lives of freedom (:13-14). And the motive Judges 17:10 10 (shekels) for a priest along with his apparel and living;
2 Chronicles 25:6 3 (shekels) for a mercenary for the duration of a campaign;
for such magnanimity was historic: "And you will remember that Nehemiah 5:15 40 shekels for the salary of governors in the past;
you were a slave in the land of Egypt, and the Lord your God Zechariah ll: 12 30 (shekels) for a shepherd.
ransomed you; because ofthat I order you to do this thing today." These are not all twice the attested slave prices, but they are of the same order of
magnitude.
The sermonizers realized that this endowment and especially the On the measures see Marvin A. Powell, "Weights and Measures," in Anchor Bible
Dictionary, edited by David N. Freedman, 6:897-908, 903, (New York: Doubleday,
1992).
27 mV1? 'lJ~N.) )mN.? 'lJ~N. 1n1 N.1jJ? ~?N. onvY.l'lJ-N.? OnN. mm 1Y.lN.i1:l P?
24 om ~'lJ!)n? N.::l~ nVJ.'lJ:n 1J.V~ 0~)'lJ 'lJ'lJ ~1J.V 1J.V mpn ~:l Exodus 21:2 J.V1il?N.) 1J.1il?N. J.1nil-?N. mil~-oN.) 1)11 O:l? N.1jJ »m
25 'lo:l )'N. mn ilN.::l~) 'l1N.il m:l?Y.lY.l ?:l? ilvn? O:lnN. ~nm
134 CHAPTER FIVE FREEDOM IN ISRAEL 135

The prophet referred to the idea that Hebrew slaves should serve money and grain without interest (Nehemiah 5:6-13). Nehemiah
only seven years, and admitted that earlier generations had not must have thought that this measure would free up credit for the
obeyed that rule (Jeremiah 34:14). So the prophet predicted that poor and allow them to avoid slavery." This again shows that
God's wrath, in the form of the Babylonians, would decimate Nehemiah must have seen freedom as a community value for
Judah (:22). Obviously Jeremiah's complaint refers to neglect and which he encouraged sacrifice.
then abuse ofthe provisions for seven-year slavery. It is not clear Later practice certainly lagged behind these thinkers, if in fact
that the freeing of slaves was conceived as a normal part of the any slave-holders paid attention to them at all. But it is not a far
jubilee year procedures, but it seems a logical extension from a step from such humanity toward slaves, maybe initially only
lesser to a greater proposition. If it was required to free Hebrew toward Hebrew slaves, to humanity toward any slaves. It is,
slaves in the seventh year of their service, then naturally such a however, not necessarily a quick or easy step to make. Champions
liberation would be included in the general liberty of the land." of the Greek miracle will be happy to point out that the same
But it does not seem likely that in a society that continued to feeling, that fellow-Greeks really ought not to be enslaved, was
regard slave-holding as necessary such mass manumissions would current among intellectuals at Athens a hundred years or so later. 30
ever have been anything but a step taken in an acute crisis. One may thus argue that what we have found in Israel is not
The chronological problems of whether Jeremiah may have unique in the ancient world, and I would agree. But what one
been reacting to the Holiness Code are not easily resolved, and for finds in Greece also is not unique. The legacy of how those two
our purposes they are not particularly important. It is sufficient to traditions interacted is a complex one that cannot be fully followed
note that in the middle of the first millennium B.C.E. some here. I think nonetheless we have shown that the seeds oflove of
thinkers in the southern kingdom believed that God's will required liberty were present in both cultures, but the manifestation ofhow
that slavery among their fellow-countrymen ought to be curtailed, those seeds developed is not likely to have been similar in both
its duration limited, and the condition ofthe freedmen ameliorated places simply because ofthe different historical experiences ofthe
through the endowment of start-up supplies for a life of freedom. bearers of the traditions. It does not seem likely to me that the
After the return from exile we hear ofNehemiah's reforms, and ideas ofmodem liberty have persisted unchanged from these early
though he did not use terms for freedom and release, he was times, but certain elements that constitute important hallmarks
concerned to curtail debt-slavery by making rich persons provide within modem liberty were found in the ancient world.
credit for the poor. The downtrodden complained to him, " ...we
are forcing our sons and our daughters to be slaves, and some of
.our daughters have already been enslaved..." in order to pay taxes
(Nehemiah 5:5). Nehemiah's answer was to accuse the nobles
(~orim!) of exacting interest and to shame them into lending

28 See Christopher J. H. Wright, "Jubilee, Year of," in Anchor Bible Dictionary,


3: 1025-1030, and compare Ezekiel 46: 17, where the Jubilee year is called the year of 29 See in general Eberhard Klingenberg, Das israelitische Zinsverbot in Torah,
the d'r6r "freedom." The practice of the Jubilee year had fallen into neglect at least as Misnah. und Talmud. (Wiesbaden: Steiner, 1977).
early as the first century of our era; compare George Foot Moore, Judaism in the First 30 See the references in Yvon Garlan, Slavery in Ancient Greece, (Ithaca and
Centuries ofthe Christian Era, (New York: Schocken, 1971),2: 135-138, and 340 n. 1. London: Cornell University Press, 1988),47-53,50-51.
CHAPTER SIX

FREEDOM BEYOND MESOPOTAMIANS AND GREEKS

We have seen that the terminology.for flight and freedom existed


in the Ancient Near Eastern languages, and there is no question
but what underlings in various states ofunfreedom fled. When we
tum to the goals expressed in the Introduction, we can say that
some have been met. First, on eluding authority on the ground, we
can say that because of the laconic nature of the administrative
documents from which such information comes, we usually cannot
say much about why people fled, but we have seen some interest-
ing things about how they did so. Group escape was rare, in
contrast to other traditions of escape. On the second goal of
assaying what elite understandings were offlight and freedom, we
have examined the ideology offlight and freedom, what intellectu-
als wrote about it, and we know that kings and movers and shakers
took a dim view of flight, even if some of them might acknowl-
edge that flight had a role at least in their own educations ifnot in
letting offsteam in socially constraining situations. But citizens of
old cities and of upstart cities prized freedom, conceived as old
liberties secured for particular cities, and sometimes as curtailment
of some kinds of debts. Intellectuals, some not connected to the
royal courts, went further and proposed a freedom that might
rearrange oppressive economic conditions, at least periodically.
Their distance from power, though, usually kept such ideas from
being put into practice, especially in first-millennium Israel.'

! We cannot claim to have studied here running away as a phenomenon in anyone


community or time; this is a desideratum which could produce new insights into the
complexity oflabor, as suggested for the New World by Michael Naragon, "Communi-
ties in Motion: Drapetomania, Work and the Development of African-American Slave
Cultures," Slavery andAbolition 15:3 (1994): 62-87, especially 83: "Only by examining
drapetomania [the desire to run away] within its larger communal context can historians
grasp its root causes and significance..."
138 CHAPTER SIX BEYONDMESOPOTAMIANS AND GREEKS 139

Our third goal of trying to see how escape experience might own milieus. It is not possible given our state of knowledge to
have affected these elite understandings finds some data in the decide in any individual case between these alternatives. But it
Idrimi and the David stories. With Idrimi the feedback was seems quite likely that each of them operated in some situations,
negative. A prince who came to power from his exile still entered and that variants on them operated in many others. Ifwe ask only
into a treaty promising return of refugees. The case of David is if the Ancient Near Eastern tradition as a whole was a unity, we
less clear in that he did not legislate or make preserved treaties on must unequivocally answer that it was not, that it was a cluster of
these issues. The tradition of the Hebrew Exodus did however cultures and language groups that shared some ideas but differed
serve as a continuing motive for kind treatment of slaves and in many others in different places and periods.'
might be connected with the extraordinary stipulations that Probably all we should concretely claim for flight and freedom
restricted return ofslaves and stealing ofpersons. These traditions is to say that we have shown that several Ancient Near Eastern
may be independent of David's stories, of course. societies confronted something like the issue of freedom in that
they legislated, even if they did not enforce, stipulations about
exemptions from some taxes and some kinds of debt. Viewed
I. ARE TRADITIONS A UNITY? from outside the societies and from two and more millennia later,
the societies seem to the interested observer to share a general
The first and most basic question about the material we have idea, which might well be universal, that governments ought
reviewed is whether the Ancient Near Eastern traditions about occasionally to intervene in social and economic affairs to assure
flight and freedom constitute a unity in any sense. Certainly there that justice was done, and the calling for freedom was one usually
are continuities in both areas, and yet it must be underlined that we cheap way for governments to be seen to be doing that. And yet,
do not really know how ideas flowed in the Ancient Near East and ifan individual Hebrew speaker had been accosted and asked how
how specific formulations might pass from one place to another.' his institutions differed from those.of an individual, and earlier,
Probably the most famous of the cultural contacts, which has Sumerian speaker, in most periods he would be quick to point out
little to do with flight and freedom, is the case of the goring ox, the vast differences and not the commonalities. Since we are
which occurs both in the Code of Hammurapi and in the Bible. asking a manifestly ahistorical question, that is, how does our own
There one might posit the existence of some sort of orally passed view of freedom compare to those of earlier groups, we may be
down common law which elders in various communities em- permitted to be struck by the differences.
ployed to solve recurring problems. Or one might look to the Perhaps it would strengthen the case to emphasize continuities,
tradition of literacy itself where scribes in one culture were as Patterson did in connection with the Greeks, and it is true that
exposed to the writings of another and transposed them into their there are continuities. But candor calls us to admit ignorance both

2 La Circulation des biens. des personnes et des idees dans le Proche-Orient ancien, 3 The goring ox is in Hammurapiparagraphs250-252 and Exodus21:28-32;seethe
edited by D. Charpin, I-M. Durand, (Paris: Recherche sur les civilisations, 1992), has studies by J.J. Finkelstein, The Ox That Gored, (Philadelphia: AmericanPhilosophical
a number of stimulating studies, but it constitutes only a starting place for such Society, 1981) = Transactions 71:2, and "The Goring Ox," Temple Law Quarterly 46
questions as these. Trade shows that there was contact, and occasionallyin intellectual (1973): 169-290.The case of the EgyptianInstructionsof Amenemopeand the Biblical
affairswe can meet the Babylonian visitingprofessors, for example,at the Hittite court, book of Proverbs 22:17-24:34is the most striking case of extended literaryborrowing
studied by Gary Beckman,"Mesopotamians and MesopotamianLearning at Hattusa," in the Ancient Near East; see on this R.N. Whybray, The Book ofProverbs, (Leiden:
Journal ofCuneiform Studies 35 (1983): 97-114. Brill, 1995), 78-84.
140 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 141

of how ideas passed on and of whether, all told, the institution and for a wicked servant there are racks and tortures.
called in Akkadian anduriirum really was to be seen, except 27 Put him to work, that he may not be idle.
For idleness teachesmuch evil.
lexicographically, in the Biblical cfror. 4 The future ofthis question
28 Set him to work, as is fitting for him,
may be clarified as we find more Ancient Near Eastern texts that and ifhe does not obey, make his fetters heavy.
may be seen as missing links between earlier and later traditions, 29 Do not act immoderately toward anybody,
but now the question must remain a matter of conjecture. One and do nothing without discretion.
might consequently argue that one ought to refrain from specula- 30. If you have a servant, let him be as yourself,
tion on other questions about the history of freedom, but I because you have bought him with blood.
personally believe that Assyriologists in particular have too 31. If you have a servant,treat him as a brother,
frequently failed to tease out the implications of their studies for for as your own soul you will need him.
the contemporary broader culture, and I do not intend to make that If you ill-treat him, and he leaves and runs away,
mistake in this case. which way will you go to seek him?'

The slave-holders were admonished to be kind to slaves so that


2. DESCENT AMONG JEWS
they would not run away, but also to keep them busy so they did
not seek freedom because they had nothing better to do. Certainly
It would be ofinterest to know how exactly the views about flight Sirach had no thought that runaway slaves ought not to be returned
and freedom that appeared in Israelite tradition descended to to their masters.
Judaism in late antiquity. A great deal of study has gone into the It is clear that the later Jewish tradition in practice valued
question ofdescent in general, though not, so far as I am aware, in freedom ofthought very highly, though probably not for all Jews,
detail about flight and freedom. just for those qualified through their training to have an opinion on
In Jesus son ofSirach's wisdom book, which must have been religious matters. When the elites that had run Judaea were
composed around 180 B.C.E. in Palestine and as Ecclesiasticus swallowed in the Jewish Wars of 70 and 135 C.E., only the
became a secondarily canonical part ofthe Bible, we find advice Pharisaic religious leaders continued to be a recognized group, and
to the slave-holders: their opinions were those that give us rabbinic Judaism, from
which all later Judaisms either derive or to which they arose in
33:24 (Greek :25) Fodder and a stick and burdens for an ass; opposition. One ofthe beliefs ofthe group was that there was an
bread and discipline and work for a servant. oral law that showed God's will alongside and in elaboration of
25 Set your slave to work, and you will find rest; the written law which the Hebrew Bible conveyed, and this law
leave his hands idle, and he will seek liberty. was seen to be flexible in that responsible opinion in any age could
26 Yoke and thong will bow the neck, conceivably revise it. In practice the Jewish scholars became
attached to their understandings, and not many basic questions
were open to dispute. But the idea that some questions were open
4 M. Liverani, Prestige and Interest, 295, notes too that there may have been
varieties ofattitudes in the lower classes: "The presumption that peasantry was wherever
alike would mean to grant a monopoly of culture to the ruling elites. The diversities
were perhaps not less marked in the 'silent majority,' but these did not leave letters nor
display inscriptions." 5 "Servant" in this passage is oilee-tTle; "house slave"; "slave" is nate; "child."
142 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 143

and that God would manifest His will in the discussion was a basic The Talmudic references to Deuternomy 23: 16-17 with its
one that persists to this day. stipulation ofnot returning the runaway include one where Rabbi
Perhaps the most striking illustration of this valuing of Judah the Patriarch, who flourished in the Land of Israel around
intellectual freedom is the story in the Babylonian Talmud about 192-235 C.E., said the stipulation was limited to the case ofaman
whether a portable oven that had been made ritually unclean had who bought a slave on condition that he free him. Another
to be disassembled in order to have its purity restored. Disputants reference has Rabbi Hisda, a Babylonian of the late third century
proposed various solutions to this problem, and then a consensus C.E., arguing, "That refers to a slave who escapes from abroad to
developed. But the Talmud says God spoke from heaven saying Eretz Israe1." That is, all references agree that the stipulation was
that His view lay with the minority, but he would accept the not of general application and thus did not really undermine
superior arguments ofthe majority. "My sons have defeated Me," slavery."
He is said to have laughed." In contrast Benjamin al-Nahawandi, a Karaite, or anti-Rabbinic
This treasuring of freedom of thought did not extend to teacher of the ninth century C.E., forbad the surrendering of any
behavioral norms. Most rabbis in the early centuries of our era fugitive slaves, Jew or Gentile. This is perfectly in line with a
probably despised the untutored and illiterate masses, the "people Karaite's devotion to a literal understanding of the Biblical text,
of the land," who might be Jewish in descent, but in religious but it is not clear that it made much difference to slave-holding
matters were seen as doubtful practitioners because of their practices among Karaites. Elsewhere, though, Benjamin did allow
ignorance and thus were not qualified for the intellectual freedom the sons of deceased debtors to be sold as slaves, basing himself
the rabbis prized. Also even rabbis continued to hold slaves, on 2 Kings 4's Elisha story, in which the prophet performed a
though Biblical injunctions against having permanent Hebrew miracle creating olive oil that allowed a widow to avoid having
slaves might have been taken seriously in some communities. 7 her sons sold into slavery; Benjamin argued that the prophet
Some communities may have been concerned about the jubilee, thereby condoned slavery. 9
and jubilees may have been imposed in the limited way communi- One can say in general that the great themes of Exodus, of
ties under alien rule might have been able to do so. liberation from bondage, continued to reverberate in the hearts of
Jews. And yet, except in intellectual inquiry in theory, everyday
life among Jewish communities may not have manifested freedom
as a value any more than contemporary Greek-speaking communi-
6 Baba Metziah 59b, The Babylonian Talmud, edited by Israel Epstein, (London:
Soncino: 1935),353: ties or others without an Ancient Near Eastern background.
Said Rabbi Jeremiah, That the Law had already been given at Sinai. We pay no
attention to a Heavenly Voice because Thou hast long since written in the Law at
Mt. Sinai, After a majority one must incline (Exodus 23:2). Rabbi Nathan met Elijah
and asked him what did the Holy One, Blessed be He, do in that hour. He laughed
and he replied, saying, My sons have defeated Me, My sons have defeated Me.
7 See Salo W. Baron, A Social and Religious History of the Jews, (New York,
Philadelphia: Columbia University Press, Jewish Publication Society, 1952),2:258-259;
8 Yebamot 93a-b, The Babylonian Talmud, 634, essentially the same tradition as in
on slavery in one community see S.D. Goitein, A Mediterranean Society, I. Economic
Foundations, (Berkeley, Los Angeles: University of California Press, 1967), 130-147, Kiddushin 62b-63a, 315. For the slave supposedly bought abroad see Gitlin 45a, 196.
and note 143: "A touchstone for the treatment of slaves is the frequency of reports or 9 For the Karaite see Leon Nemoy, Karaite Anthology, (New Haven: Yale
discussions about their running away from their masters." Such reports are rare in the University Press, 1952), 335, 21, and H.H. Ben-Sasson, A History ofthe Jewish People,
Cairo Geniza documents which Goitein studies. (Cambridge: Harvard University Press, 1976), 448.
144 BEYOND MESOPOTAMIANS AND GREEKS 145
CHAPTER SIX

3. DESCENT AMONG GREEKS AND CHRISTIANS


some have formulated his thought as advocating freedom from the
Jewish law, from sin, and from death, recent study indicates that
Another question of interest is how exactly the Greek tradition Paul saw freedom in a Stoic light and asserted that one would have
descended. Although Alexander valued the Greek tradition, it was more freedom, that is, freedom to do as one wanted, if one
not its philosophy that was of great importance to him, and accepted Christ. II He had apparently no coherent idea about how
politically it must be admitted that his successors and their states the law might be overcome and in fact advocated modest obedi-
did not allow real civic freedoms or personal ones. The Stoic ence to community norms, It is hard to see how Paul can be said
school of philosophy, which became important in the last few to be handing down the Classical value of freedom except that he
centuries B.C.E., did take important elements from the Classical used the same Greek word. When it came to actual slavery, Paul
tradition about freedom and asserted, as the Jewish philosopher was supportive of kind treatment to runaway slaves, but he
Philo wrote, that every upright man is in fact free. The meaning certainly did not see the freedom of slaves as a value. In the Letter
of this was that the pious human being, or rather man, was felt to to Philemon he sent back a Christian runaway, imploring that the
be able to control his desires and appetites and to direct his Christian master treat the returnee as a brother as well as a slave. 12
thoughts wherever he wished, regardless of what his body could Later, when Gospels came to be written, in Luke's understand-
be forced to do. This freedom was certainly valued by Stoics, but ing ofJesus his first sermon at Nazareth focused on the proclama-
it may not have been very general in the Greek-speaking world. 10 tion of freedom. Jesus in Luke 4:18 read Isaiah 61:1-2 in the
The Stoics did come the closest ofany ancient group to advocating synagogue:
the abolition of slavery, feeling that it demeaned both the master
and slave to pervert the real freedom that the mind exercised. But The spirit of the Lord is upon me,
because he has anointed me to preach good news to the poor;
these sentiments did not become a social movement for abolition
He has sent me to proclaim release to the captives
III any sense.
and recovering of sight to the blind,
Another stairway ofdescent ofideas offreedom is Christianity. to set at liberty those who are oppressed,
In particular the Apostle Paul dwelled on the freedom he had in to proclaim the acceptable year of the Lord.
Christ and commended that freedom to his addressees. Though
And Jesus ends by saying, "Today this scripture has been fulfilled
in your hearing" (:21). Other traditions of Jesus did not stress the
10 From Philo see his "That Every Just Man Is Free," in Philo, F.H. Colson, editor, aspect of freedom, but this is a significant link between a central
(Cambridge, London: Harvard University Press, Heinemann, 1967),9:1-101, esp. 79, Hebrew Bible text on freedom and Jesus. 13
lauding the Jewish Essene sect for, among other things, supposedly refusing to hold
slaves. In fact the Damascus Document, which is related to the Dead Sea Scrolls
reputed to come from Essenes or people like Essenes, implies that sect members rna;
have owned slaves; see Geza Vermes, The Dead Sea Scrolls, (Philadelphia: Fortress, 11 See F. Stanley Jones, "Freedom," in The Anchor Bible Dictionary, edited by
1981), 128. On other Stoics and freedom see David Brion Davis, The Problem, 72-78. David N. Freedman, 2: 855-859, (New York: Doubleday, 1992).
Amaldo Momigliano showed the Classical Greek interest was in what Patterson would 12 See LA.H. Combes, The Metaphor of Slavery in the Writings of the Early
call sovereignal freedom, that is, not being subservient to others, but he also makes clear
Church, (Sheffield: Sheffield Academic Press, 1998),59-63.
that Herodotus demonstrated that the Persians were inimical to tyrants too and tolerated
democratic freedoms; see Momigliano, "Persian Empire and Greek Freedom," in The 13 Luke diverges from the Septuagint which follows the Masoretic Text here; Luke
Idea ofFreedom. Essays in Honor ofIsaiah Berlin, (Oxford: Oxford University Press, subtracts one phrase (iaua.u8cn 'toi>~ uuv't€'tptJJJJevou~'tfl Ka.pti(~, "to heal those
1979),139-151, 141, 148. broken in heart") and adds another (anou't€iAa.t 't€8pa.uuJJevou~ tv a<!>eu€t "to send
146 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 147

The later Christian tradition was not noted for its attachment to Adam...is freedom." Manumission was seen as an especially
personal freedom. Indeed in the crises that wracked the early virtuous act, and in fact freed slaves had important roles down to
church, one finds leaders quite willing to deny personal freedom modem times in the army and the administration of several
to opponents. The practice of excommunication, which might Muslim-dominated states. 16
deprive a person of such freedom, is attested even in the New Franz Rosenthal studied the Muslim views of freedom in a
Testament itself apparently in 1 Timothy 1:19-20. But of course small and provocative book that assumes that the Greeks had
it would be cavalier to say that the entire tradition rejected expanded the understanding of freedom and that this concept has
freedom. There certainly were monks copying the Classical texts, come to be the decisive one in world history. Rosenthal wrote
having the leisure and freedom to do so. And the freedom of the during the Cold War, and freedom's importance may actually have
church was the rallying cry for the eleventh-century reform grown since 1960. He notes that the Arabic word for free, hurr,
movement associated with Pope Gregory VII. 14 means not just free but ofoutstanding value, and suggests that the
term did not mean "freedom" in modem senses until modem
times. But the Muslims ignored Aristotle's argument that there
4. DESCENT AMONG MUSLIMS were persons who were slaves by nature, and legal traditions even
said the master should not call a slave his slave, but one should
Another strand ofdescent ofthe idea offreedom as a value may be refer to "my boy, my maid," because all humans were actually
found in the Islamic world. There we find much study of the slaves only ofGod. Although imprisonment was not primarily for
Classical tradition, though with a bent toward the translation of punishment, there were prisons, which were used to hold persons
practical texts like medical ones." In spite of the Western view before their innocence had been established; officials could not use
that Islamic states continued a sort ofOriental despotism wherever jailor torture to force confessions. Forced labor, an every-present
possible, the legal traditions in Islam were united in their seeing way of exploiting labor that did not lead to enslavement, had no
the individual's freedom as a value. As reflected in my dedication basis in Islamic law and was abhorred, though frequently imposed.
at the beginning of this study the basic assumption in cases of The story was preserved that Alexander had been told by Aristotle
doubt about the slave status of a person was to be for the free that he would find it difficult to beat the Khurasanians because of
status. The jurists asserted, ''the basic principle for all children of their "great love of freedom." This might refer either to personal
or civic freedom, but the phrase certainly denotes that the
Khurasanians of Iran reputedly held freedom as a value. But of
course the story was presumably first told in Greek. Note too that
away those shattered in a release"), which appears to emphasize the connection to
freedom or "release." Greek.ddieotv translates Hebrew deror, "release" or "freedom."
The New Testament text is from The Greek New Testament, edited by Kurt Aland et aI.,
(Stuttgart: United Bible Societies, 1968).
14 SeeM ' H . Pope, "E xcommunication,
arvm The Interpreter
. . " .m 11 T 's Dictionary ofthe
Bible, edited by George Buttrick, 2:183-185, (Nashville, New York: Abingdon, 1962).
See Harold 1. Berman, Law and Revolution. The Formation of the Western Legal 16 See Robert Brunschvig, "cAbd," in The Encyclopaedia ofIslam, edited by A.R.
Tradition, (Cambridge, Massachusetts, and London: Harvard University Press, 1983), Gibb et aI., (Leiden, London: Brill, Luzac, 1960), 1:24b-40a, and Patricia Crone, Slaves
85-119, on Gregory's work. on Horses, (London, New York: Cambridge University Press, 1980),74-81, for the
15 See in general Franz Rosenthal's compendium, The Classical Heritage in Islam, military roles of slaves in early Islam. Franz Rosenthal, The Muslim Concept of
(Berkeley and Los Angeles: University of California Press, 1967). Freedom Prior to the 19th Century, (Leiden: Brill, 1960),32 and n. 76.
148 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 149

since the love of independence of the bedouin was "entirely seizing, and yet there may be other elements that are important to
unreflective," it was ignored by Rosenthal. 17 us now that have developed only gradually and would not be
Rosenthal admits the Greek miracle, but he does argue that likely to show up long ago, as Lord Acton himself saw. Freedom
freedom of thought and movement had a "tremendous emotional ofthought is now part ofpersonal freedom, and perhaps that only
impact" on "the average Muslim." But the idea ofcivic liberty was became an issue when governments attempted to punish people for
not strong; a commitment to human liberty was nonetheless not thinking a certain way; before such times, it does not appear
clear. 18 likely that it would have occurred to anyone to assert freedom of
One may question if such facts constitute the valuing of thought since it had not been restricted. Village atheists probably
freedom as a societal value, but it seems to me that Islamic lived and died without having much impact on the written record,
civilization can be said to have held that value at least as much as especially in societies with very low rates of literacy by modem
Christian civilization did into the Early Modem Era. The more standards. Some new aspects of freedom such as freedom of the
recent development ofideas ofpoliticaI freedom appears to derive press may not have ancient analogues, and yet we seem to have at
from European influence, as in the 1840 call by Lebanese to least some hints that some people in the ancient past believed that
oppose Ibrahim Pasha's Egyptian occupation, perhaps reflecting freedom of thought was important. 20
the language of a British resident. Earlier uses are in contexts of It is well to remember that nowadays even under dictatorial
contacts with Europeans; a 1774 Russo-Ottoman treaty speaks of regimes most people have freedom ofmovement, though they may
the Tatars ofCrimea as "free and independent," though they were not be able to choose where they live or the sorts ofjobs they will
not, and freedom appears as a political term in Arabic first in a have. The limits offreedom in dictatorial settings are clearer than
1798 declaration by Napoleon Bonaparte.'? The Syrian under- in other systems, and ancient totalitarianisms may have strived
standing of freedom with which we began this study probably toward the ideal now attained in such states. But it does not
owes more to later Western thought than to the Islamic tradition appear that ancient states were capable of the organization and
itself, though the word used derives directly from Muslim usage. efficiency that has been required to attain high levels of control.
Systems of identity cards and in some parts of the world even the
requirement that people have family names are only recent
5. TOWARD A DEFINITION innovations; the Old Babylonian lord discussed in Chapter Two
who thought of a pass system for one category ofworkers was far
The study of the ancient world opens the question of how we
define personal freedom. Freedom of movement would seem to
be important, and it was that freedom that ancient runaways were 20 See my "Intellectual Freedom in the Ancient Near East?" in Intellectual Life of
the Ancient Near East = Comptes rendus de la 43eme Rencontre Assyriologique
Internationale, edited by Jin Prosecky, (Prague: Oriental Institute, 1998),359-363. I
argued that criticisms ofkings, implicit in the Gilgamesh story and elsewhere, show that
17 Franz Rosenthal, Muslim Concept, 9-11, 30, 46-47,77-79, 101,104 n. 327. the literate did not always accept the royal party line.
18 Ibid., 120-121. Modem calls for freedom are inevitably enmeshed in their political contexts, which
mayor may not be conducive to a valuing of personal freedom. November 21, 1996,
19 See Albert Hourani,Arabic Thought in the LiberalAge, 1798-1939, (Cambridge: I heard by radio a rebel leader in Eastern Zaire shout, "Uhuru, uhuru, liberte, liberte!"
Cambridge University Press, 1983),61-62; compare also for later thinkers, ibid., 90, using the old Swahili word for freedom along with the French. Obviously he touched
100, 173, 176. And for the Ottomans and Bonaparte see Bernard Lewis, The Political a nerve in his auditors, but one cannot be sure that his government was more solicitous
Language ofIslam, (Chicago: University of Chicago Press, 1988), 109 and 111. of individual freedom than the one it replaced.
150 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 151

ahead ofhis time. So the more interesting point becomes why the particularly the Ancient Near Eastern world, as unchanging and
leaders of ancient polities would have attempted the control they entirely oppressive, dominated by totalitarian governments of
did. The answer must lie in the economic and social advantages great efficiency, which managed to suppress their peoples most of
that they found in the potential ability to control the movements of the time. Such was certainly not the case, and there are indica-
at least some of the persons who were dependent on them. tions, as we have seen, of a variety in attitudes toward aspects of
We are left with Aristotle's formulation that freedom was the freedom.
ability to do what one wants. Modems emphasize especially the To return to Burckhardt's view of the individual and the state
freedom to go where one wants. Naturally in all societies there in our epigraph, we may question his lumping those Assyrians,
will have been and will always be some limits on that ability Babylonians, and Persians together. They shared some aspects of
regardless of whether freedom can be shown to be a cultural political culture, but not so far as to include all means of oppres-
value." sion. Burckhardt's casual "and so forth" indicates he was
We may not soon be able to define more precisely what we as generalizing and not particularly from situations actually known
a culture mean by personal freedom, and if we cannot do so, it is to him in detail. Did the individual equate to evil? Not in many
possible that all studies like this that try to examine the pedigree aspects of Ancient Near Eastern culture, especially where the
of this idea or bundle of ideas are doomed to frustration." But it individual's responsibility for wrongdoing was stressed, as in the
is important to overcome the stereotype ofthe ancient world, and flood stories." In what sense the individual arose here and there
cannot be gauged through self-conscious and self-reflective essays
since that was not yet a genre save perhaps in wisdom
collections." The wild individualism Burckhardt himself docu-
21 Aristotle, Politics, 131Oa28 and 1317a40, both times reporting the opinion that
freedom means doing what one likes, though in his view salvation comes by living
mented in Renaissance Italy is not attested early." But the idea of
according to rule; see Stephen Everson, editor, The Politics, (Cambridge: Cambridge the individual against the group is sometimes seen in monumental
University Press, 1988), 129, 144; in each case the Greek is we; ~OUAE'tlXt, "as one and canonical writings. Idrimi stands out from among his timid
wishes." Arno Baruzzi, Die Zukunji der Freiheit, (Darmstadt: Wissenschaftliche
Buchgesellschaft, 1993), 145, writes, "Eine gute Definition von Freiheit heiBt: sich frei
brothers, and David killed his ten thousands. These individuals
bewegen konnen, frei iiber einen Platz gehen konnen, (A good definition offreedom is were not like us, but they were persons who made and wanted to
to be able to move freely, to be able to go freely across a place)." Note the discussion
in Chapter One above about the etymology ofthe Akkadian anduriiru connected with
flowing and running where one wills and also connecting Greek eleuther with the verb
to go. Compare Marc Bloch on the limits to his own freedom in a modem free society,
23 Gilgamesh xi 181-182: "Charge the violation to the violator, charge the offense
Slavery and Serfdom in the Middle Ages, (Berkeley: University of California Press,
to the offender," as in M.G. Kovacs, The Epic of Gilgamesh, (Stanford: Stanford
1975),67: "I consider myselfto be a free man, but as a university professor, while I am
University Press, 1989), 103, and compare the Old Babylonian Atra-Hasis III vi 25, in
'free' for example vis-a-vis the state to use my vacation as I please, I am not free to fail
W.G. Lambert and A.R. Millard, Atra-ljasis, (Oxford: Clarendon, 1969), 100-101.
in my teaching during the school year."
24 See Bendt Alster, The Instructions of Suruppak, (Copenhagen: Akademisk,
22 Compare Felix E. Oppenheim, "Freedom," International Encyclopedia of the 1974), W.G. Lambert, Babylonian WisdomLiterature, (Oxford: Clarendon, 1960), and
Social Sciences, edited by David L. Sills, 5:554-559, (New York: Macmillan and the Miriam Lichtheim,AncientEgyptian Literature, 3 volumes, (Berkeley and Los Angeles:
Free Press, 1968), especially 557: "There is no such thing as freedom in general; every University of California Press, 1973-1980).
organized society consists of an intricate network of specific relations of both freedom 25 Jacob Burckhardt, The Civilization of the Renaissance in Italy, (New York:
and unfreedom." See also Isaiah Berlin, Four Essays on Liberty, (Oxford: Oxford Modem Library, 1954, first 1860), especially his "The Development ofthe Individual,"
University Press, 1969), 172: "...the very desire for guarantees that our values are eternal 100-127. For a recent view of the issue see John Hale, The Civilization ofEurope in the
and secure in some objective heaven is perhaps only a craving for the certainties of Renaissance, (New York, Toronto: Atheneum, Maxwell, and MacMillan, 1999), 420-
childhood or the absolute values of our primitive past." 463.
152 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 153

make an impression. Civil and religious barriers may have tomatoes and tobacco and the New World got decimating diseases
enforced a uniformity of thought, and castes too in the sense of and imperial dominations. But many interactions appear not to
professional and family groups with specific expectations. There have been negative, as when the cultivation ofrice worked its way
may have been little trace left of the individual, but if there were from Southeast Asia to India and the Near East. Also, each ofthe
less, there would be no grounds for speculation. Burckhardt, major literate civilizations turns out on close analysis not to be a
uninformed, thought there were no such texts, but the monolithic unity at least in regard to the origins ofthe people that constituted
despotism Burckhardt imagined did not elimate the self-assertion it, and usually not in language and custom either.
of persons. In the West especially in the Modem Era we are inclined to see
the West as a changing set of cultural chords, to use Patterson's
word, to which there is a certain continuity, but also an openness
6. WHAT IS THE WEST? to new music, both literally and figuratively. One might argue that
the West is unique in that aspect ofadapting and assimilating new
If there is a legacy, it is a question to whom it nowadays devolves. elements, and it is easy to remember the Corinthians' characteriza-
We might assert that the legacy comes down to the West. We tion of the Athenians as always seeking out the new. 27 But that
could assume that cultures that drew inspiration in some way at very statement raises interesting questions for the problem ofthe
various times from Greece and Rome ought to be included in the unity of the West. Does it imply that the Spartans were not
West today. Some would have us still assert that there is a clear Western, or did not want to be? Even the Greek world was
ethic in the West that drives to capitalism, perhaps, or to demo- multicultural and held various views on the value of innovation
cratic government, and to personal freedom. In the past Oswald and offreedom. We may wish to stress one inheritance there, and
Spengler, and in the English-speaking world Arnold Toynbee, yet the ancient diversity argues against the idea that freedom arose
have argued that civilizations are clearly definable separate entities as a cultural value only in one place. One can also see that
with particular styles ofthought and language and with life spans especially the aggressive civilizations of the past were good at
in which they are born, thrive, and die. Spengler assumed the drawing new people in and assimilating them to their ideals,
discreteness of civilizations, and Toynbee argued that he could nonetheless allowing those ideals to be altered by the new
find such entities in the past. 26 inductees, but only gradually, after several generations.
Anyone who studies history must admit that there are frequent In our own day we are perhaps witnesses to the transformation
records of interaction between members of what may be seen as ofthe West into something much more self-consciously multicul-
different civilizations. Some of those interactions are disastrous, tural. Some will resist elements that might lead in that direction,
such as the Columbian exchange, where the Old World got and hence we see the emphasis on English as the official language

26 Oswald Spengler, The Decline ofthe West, (London: George Allen and Unwyn, 27 Thucydides 1.70 "The Athenians are addicted to innovation, and their designs are
1980), 1: 31: "Every Culture is its own Civilization." He goes on to discuss what one characterized by swiftness alike in conception and execution;..." in Richard Crawley's
is, 31-36. Arnold J. Toynbee, A Study ofHistory, abridged by D.C. Somervell, (New translation, reprinted in Robert B. Strassler, editor, The Landmark Thucydides, (New
York: Dell, 1965), 1: 15-52, describes what he means by civilization and catalogues the York: Free Press, 1996),40; the Greek for "addicted to innovation" is: ot !lev yE
ones in which he is interested. See also in this vein, Samuel P. Huntington, The Clash VEW'tEp01tOWl...., or "doing new things." Recall lB. Bury's remark, A History of
ofCivilizations and the Remaking of World Order, (New York: Simon and Schuster, Freedom ofThought, (London: Butterworth, 1913), 23, that his concern was not with
1996),40-48, arguing they are "cultural, not political entities," 44. all Greeks but only Ionians and Athenians.
154 CHAPTER SIX BEYOND MESOPOTAMIANS AND GREEKS 155

ofindividual states in the United States. But we should remember and the problem of elites versus popular values can only be
that the interaction of cultures has occurred many times before addressed in unusual cases and in modem times when literacy
without necessarily leading to the eradication of either culture. 28 spreads more broadly than ever before. But if the desire for
personal freedom is a universal, then the present calls for freedom
in many different contexts are not imitations of European norms,
7. FREEDOM AND THE NON-WEST as many conservatives in developing countries argue, but some-
thing else, something understandably human.
Decolonialized people now face the question of how to relate to United States President William Clinton, on his 1998 China
the West, but much more basically of how to relate to freedom. trip, said in a speech at Beijing University, "I believe that every-
The ways we in the West react to their decisions may be deter- where, people aspire to be treated with dignity, to give voice to
mined by events over which neither they nor we have much their opinions, to choose their own leaders, to associate with
control. But it is sensible to see what our studies have shown in whom they wish, to worship how, when, and where they want.
regard to the question of whether the roots of freedom as now These are not American rights or European rights or developed
understood in the West go back beyond Greece. world rights. They are the birthrights of people everywhere ..."30
Traces ofsuch freedom can be found in many societies, perhaps Our analysis tends to support his views.
most coherently in the Ancient Near East. Naturally the Ancient To conclude in this way does not deny the dynamism of the
Near East through the Bible has had a long-lasting influence on West, however we might want to understand it. In the English-
the Judaeo-Christian West and on Islam. But by the principle of speaking world especially resistance to government has led to a
Occam's razor it seems simpler to assume that comparative study particularly fecund formulation that has led to the spread of
of other groups will show that the desire for personal freedom is political and economic freedoms, stemming from the Petition of
in fact a universal value in all human societies." To make such Right in 1628.31 But very frequently the advent of Westerners led
an assumption is simpler than to attempt to show in detail the not to freedom but the sword, and only over the very long run
descent and diffusion ofthe value in one particular society and its might one argue, say, that exposure to British values may have
putative descendants. The descent will never be absolutely clear, been beneficial to the peoples of India. Even then, one could
admit that similar values might have been arrived at without
British intervention.
28 This is the thrust of Eric Foner, The Story ofAmerican Freedom, (New York:
Norton, 1998), to be tempered by the fact that the United States has usually exceeded
almost all other nations in the number ofpersons in prison, as noted by Scott Christian- 30 Quoted in The New York Times June 29, 1998, A8 column 5. Note David
son, With Liberty for Some. 500 Years of Imprisonment in America, (Boston: Levering Lewis, "Ghana, 1963. A Memoir," The American Scholar 68: 1 (1999): 39-60,
Northeastern University Press, 1998), ix. 53, wrote, "Individual liberty was a concept too luxurious in the short term for African
29 The columnist A.M. Rosenthal, writing in The New York Times February 28, regimes [in the views of American expatriates and the rulers] whose survival depended
1997, A35, proclaimed "Freedom is Asian" in his headline and argued, "For more than in the long term, it was asserted, on devising etatiste strategies to skip over as many of
50 years, in country after country, Asians have shown passion for political liberty and, the West's stages of capital formation and technological breakthrough as possible."
if it comes to that, readiness to fight for it." He writes contemplating the transfer of That was the common argument ofthe 1960's; Levering Lewis clearly distances himself
Hong Kong from the British to the Chinese and does not address the question oforigin, from it now.
but he does question the statements of current dictators like those of the colonial 31 See Douglass C. North, "The Paradox of the West," in The Origins ofModern
officials of the past that concern for freedom is not an Asian value. Rosenthal's Freedom, edited by R. Davis, (Stanford: Stanford University Press, 1995),7-34, esp. 34,
examples could be multiplied. and the epilogue by Davis, 313-319.
156 CHAPTER SIX

When my wife and I were living in Baltimore in the summer of


1993 as I was working on the ideas for this book, we frequently
APPENDIX I
rode the excellent bus system there. At the time we had two rather
small children, aged two and three years, and we found that when
we boarded a crowded bus with them in tow, we were offered SELECTED ARCHlYAL TEXTS ON ESCAPE
seats for ourselves and the children. The ridership was predomi-
nately African-American, and we are not, and we found this Texts are presented here in alphabetical order by person and then
welcome graciousness unexpected, especially from people who place ofpublication. PN here means personal name.
might be envious of our relative, if modest, affluence and our
white race. In the course ofthe summer I came across the fact that <;lg and Kizilyay,
Neusumerische Rechts- und Verwaltungsur-
Baltimore before the Civil War had been the home to a higher kunden aus Nippur 1, 1. Nippur Amar-Suena 1
percentage of free blacks than any other city in the country, and I
came to feel that the self-confidence individual bus-riders felt , Gu-u-gu PN,
their compassion and sensitivity, might in some way be connected ir Ur-c1Nun-gal!-ka slave ofPN
to the long history of their ancestors in freedom. Naturally there ba-an-da-zah ran away from him
is no way to test this perception, but I continue to think that mu-dabs and was taken;
freedom changes people and probably makes them more humane. 5. igi-ni in-gar he put out his eye.
In Baltimore I thought I felt it. 32 mu lugal U4-a gin-a-ka Oath of the king-when going?
Does the response of those contemporary Americans really i-za.g-de-na I shall in the future run away,
descend in any sense from the Ancient Near East? I believe that ga-hul bi-in-du., let me be destroyed-he said.
it does not come down directly nor essentially, but rather that 1 Lugal-a-zi-] ] (Witnesses:) 3 PNs
human beings are always seeking to flee to freedom, however they 10. 1 A-ba-dEn-[ ]
may conceive it. 33 1 I-ti-[ ]
di-kuj-bi-me They are its judges,
dumu Nibru" sons of Nippur.
mu dAmar-Suena lugal Year: (Amar-Suena 1)

Genouillac, Textes Cuneiformes du Louvre 2:5481 Puzris-Dagan


Freedom's Port: The African-American
32 See in general Christopher Phillips,
Community ofBaltimore, J 790- J860, (Urbana and Chicago: University ofIllinois Press Ibbi-Sin 2
1997). '
33 Compare the observation of the Rev. Samuel 1. May in July, 1831, quoted in U4 Geme-Ba-u-ke, When Geme-Bau
Herbert Aptheker, American Negro Slave Revolts, 49: "The slaves are men. They have
within them that inextinguishable thirst for freedom, which is born in man." Also note
e i-sub left the house,
the statement offormer slave Margrett Nullin ofTexas, quoted in Eugene D. Genovese, ba-zah fled
Roll, Jordan, Roll, 128: "In slavery I owns nothin and never owns nothing. In freedom a-ra-l-kam the first time
I's own de home and raise de family. All dat cause me worryment and in slavery I has 5. e A-da-a-ka i-na-am she slept in the house of Ada
no worryment. But I takes de freedom."
158 APPENDIX 1 ARCHIVAL TEXTS 159

iti ezen-dSul-gi month (viii) 10. zah 30 sila Nin-u.-a-ni escaped 30 quarts for PN
mu dI-bi-dSin lugal year (Ibbi-Sin 1) a-ru-aLu-dGis-bar-e dumu DR.AN dedicated by PN, son ofPN
a-ra-Z-kam-ma-as for the second time zah 30 sila eNinav-zi escaped 30 quarts for PN
1 Geme-Ba-u-ke, Geme-Bau a-~-a Ib-la-a-SI.BUL.BUL dedicated by PN
10. e i-sub left the house, zan 30 sila Nin-a-zu escaped 30 quarts for PN
ba-zlah] fled, 15. a-ru-a Lugal-ezen dedicated by PN
rev. e I-sar-ba-da[n] in the house of PN zan 30 sila dBa-u-ta-lu escaped 30 quarts for PN
i-na-am she slept, a-ru-a A-tu dam-gar dedicated by PN, merchant
iti sul-ku-ku U4 2[5] month: ?, day 25. iti gan-mas-ta from month (i)
15. Igi dSu-dSin-i-li ra-gaba Before Su-Sin-ili, the messenger, zan 30 sila dBa-u-lu-ti escaped 30 quarts for PN
lu-na, the stone man? 20. [a]-ru-a Ur-dBa-u e-zu? dedicated by PN the ...
Igi Da-ku-a asgab Before Dakua, the leatherworker Rev. [ ]20 sila Nin-en-kiis [escaped] 20 quarts for PN
Igi Mi-im-mi Before Mimmi a-ru-a Ka-a-ni KU dedicated by PN, the ...
Igi Ma-a-ma Before Mama [iti] ezen dDumu-zi-ta from month (vi)
u Si-im-ti dam-se and Simti, the wife zan 30 sila dBa-u-ki-sa-ra escaped 30 quarts for PN
igi Bi-bi-se beforePN 25. a-ru-a Ur-gar dumu Be-ni[] dedicated by PN, son ofPN
nu zan-e-da-a not to flee iti ezen dBa-u-ta from month (viii)
mu lugal-bi in-pad she swore by the name of their king ug, 30 sila Nin-Iu-sa--sa, dead 30 sila for PN
sa Puzris-Da-gan" in Puzris-Dagan 30. a-ru-a A-kal-la dumu Ku-li dedicated by PN son ofPN
25. mu en dInanna Unug[ki] Year: (Ibbi-Sin 2) zah 30 sila Nin-en-kus escaped 30 quarts for PN
mas-e i-pad a-~-a Lu-URUxGANA-tem2ki ra-gaba dedicated by PN, the
messenger
zan 30 sila Nin-T.ama-mu escaped 30 quarts for PN
Gomi, Acta Sumerologica 3:166 Sulgi 48/Amar-Suena 2 months zan 30 sila Ne-sag-i-s~ escaped 30 quarts for PN
ix-xii Fled and Dead a-ru-a Ab-ba-gi I8 dedicated by PN
zan 30 sila Ku-dBa-u escaped 30 quarts for PN
30 sila se lugal zag.Nin-a-zu 30 royal quarts of grain for escaped 35. iti se-il-la month (xii)
PN su-nigin 12 geme 30 sila-ta total: 12 female workers at 30
a-ru-a Ur-~ilga dedicated by Ur-Gilga quarts each
zan 30 sila dBa-u-ib-gu-ul escaped 30 quarts for PN iti gan-mas-ta from month (i)
a-ru-a Ur-dBa-u ku-dim dedicated by PN, the silversmith su-nigin 1 geme 30 sila Total: 1 female worker at 30
5. zan 30 sila Nin-hi-sag-sa, escaped 30 quarts for PN quarts
a-ru-a La-la sipa dedicated by PN, the shepherd su-nigin 1 dumu 20 sila Total: 1 child at 20 quarts
ug 6 30 sila dBa-u-ib-gu-ul dead 30 quarts for PN 40. iti ezen dDumu-zi-ta from month (vi)
a-ru-a Ur-ra-ka-ni dedicated by PN
zan 30 sila Nin-ku-zu escaped 30 quarts for PN
160 APPENDIX I ARCHIVAL TEXTS 161

su-nigin 1 geme 30 sila iti ezen dBa-u-ta Total: 1 female ba-ra-zal ba-zah having passed she fled
worker at 30 quarts from month x.x.x ur.-ri nu-kirig-se [before ]the gardener
(viii) x e-is-ta-se [before] ..
su-nigin 5 geme 30 sila-ta Total: 5 female workers at 30 igi? Lugal-nig-LAGAR.e.-se before? PN
quarts each 10. igi Ur-e-mah-se before PN
iti se-Il-la month (xii) side: mu Su-Sin lugal Year: (Su-Sin 1)
se-bi 12 gur 260 sila + 50 sila gur Their grain: (3910 quarts)
45. ka, a-ru geme us-bar in the granary dedicated? female
weavers Gomi, Selected Texts from the British Museum 333 Amar-Suena
20 sila Ur-si-gar 20 quarts for PN 2 month xi
gir Lugal-ki-gal-Ia viaPN
Ba-zi dumu Ses-ses PN, the son ofPN 1 Geme-dSara PN
uUr-e-es andPN 1 Ses-kal-Ia dumu-ni PN her son
30. mu ur-bi-lum" ba-hul year: (Sulgi 48/Amar-Suen 2) 1 Ur-gi~gigir PN
dumu A-an-na-bi ba-ug, son of PN died
Summary of Gomi, Acta Sumerologica 3:166 5. za.ga-ni 2-a-kam fled the second time
fled dead 1 Geme-Lis-si, PN
8 8 za.g-a libir an old escapee
dumu A-an-na-bi tur (and) a daughter ofPN, the younger,
dumu sag Nin-e-zu-ka-ma (and the) principal daughter ofPN
Gomi, Selected Texts from the British Museum 125 Su-Sin 1 za.g-a ba-al-Ia escapee returned
10. ki Ur-Iugal ses from PN brother of
1 sag-genie 1 head of a slave woman saggana-ka-ta the military governor
2 2/3 gin ku-babbar 2 2/3 shekel silver igi Su-dSin dumu before PN son of
sam-ma-ni her price Geme-e-an-na-ka-se PN
Ur-~in-tu-ke4 Ur-Nintu igi En-um-sadad before PN
5. Ur-dSuen U from Ur Suen and dumu Da-ba-an-da-ra-ah-se son ofPN
Nin-dub-sar dam-ni-se Nin-dubsar, his wife igi ~anna-sigs before PN
in-ne-si-sa, bought rev. dumu Sa-da Mar-tu son ofPN the Amorite
rev. mu geme ba-za.g-se for the sake of a slave woman lu-kin-gi.-a lugal-se messenger of the king
(who) escaped nam-geme-ir., e-gal-se the service status for the palace
geme Duda dam dub-sar the slave women of Duda wife of ba-gi-ne-es they confirmed
the scribe iti pa.-u-e month (xi)
3. mu lugal-bi in-pa swore by the name of their king mu Ur-bi-i-lum ba-hul year (Amar-Suena 2)
iti ezen dSul- month: festival of Sulgi
gi-ta u4-15-am day: 15th
162 APPENDIX I ARCHIVAL TEXTS 163

Gomi, Selected Textsfrom the British Museum 519 Umma Su-Sin ki A-tu-ta fromPN
7 month iii 5. kisib Da-da-a sealofPN
iti pa.-u-e month: (xi)
1 dumu-munus Da-x-x-nu I female child PN mu Ur-bi-lum" ba-hul year: (Amar-Suena 2)
za-ha-am escaped.
ensi-ke, The governor
I7-pa-e en in-na-an-tar had Ipa'e look into it. King, Cuneiform Texts 10: 28 Amar-Suena 2 Fled and Dead
i-za-ha in-na-an-du., She has escaped, he told
him. zan 40 sila se lugal escaped 40 royal quarts of grain
5. ki-bi-ta nu-BULI mu-DU from their place she has Lu-dNinna for PN
not...1t is delivered: zan 50 sila Ku-li escaped 50 quarts for PN
ensi-ra For the governor 5. zan 30 sila Lugal-zi-sa-gal escaped 30 quarts for PN
du.j-ga-ni si his statement he se-bi 120 their grain: 120 quarts
nu-un-na-an-sa did not put in order. iti ezen dLi9-si4-ta from month (iii)
iti se-kar-ra gaI-la Month: (Umma iii) zan 60 Lu-Sirara, escaped 60 quarts for PN
mu Su-dSuen...ma-da Za-[ab-sa-li] Year: (Su-Sin 7) 10. zan 60 dNin-Kimar-ka escaped 60 quarts for PN
se-bi 120 their grain: 120 quarts
iti ezen dDumu-zi-ta from month (vi)
Hussey, Harvard Semitic Series 4:82 reverse 1 month vi us 30 sila Ka.-a su-gi, dead 30 quarts PN an old man
15. us 40 sila Ur-dSul-pa-e dead 40 quarts PN
us 50 sila En-hi-li-se dead 50 quarts PN
10. 5 sila kas 5 sila zi 1 a-gam i 5 quarts beer, 5 quarts ba-ns -me they are dead
flour, 1 measure oil se-bi 120 their grain: 120 quarts
A-bu-ma dumu nu-banda for Ahuma, son of the iti ezen dBa-u-ta from month (viii)
sergeant 20. zan 60 Ir ll dumu Ku-ga-da escaped 60 quarts for PN, son of
rev. su-ha zan Nin-ur.-urj- to go for the fled fisher- PN
de gin-na... man PN iti ezen dDumu-zi-ta from month (vi)
iti amar-a-a diri-se to month (xi)
se-bi 1 gur their grain: 300 quarts
Keiser, Yale Oriental Series 4: 190 Umma Amar-Suena 2 month 25. zan 60 Lu-Trumu-zi escaped 60 quarts for PN
xi iti mu-su-du- month (ix)
us 30 sila En-hi-li nar lugal dead 30 quarts PN singer of the
1 Ur-dSara Ur-Sara, king
nu-kiri, a gardener ii. iti mu-su-du, month (ix)
zan-ta ba-al-la returned from running sa Ninaki in Nina
away us 20 sila Lu-ba dumu dead 20 quarts for PN son of
164 APPENDIX I ARCHlYAL TEXTS 165

Ur-dIstaran PN 10 sila Lu-dingir-ra dumu 10 quarts for PN son of


5. iti ezen 'Ba-u-ta from month (viii) Ba-an-tuk i-du, e-gal PN, doorkeeper of the palace
sa LagaSaki in Lagas se-bi 180+40 their grain: 220 quarts
amar-ku, Nibruv-se castrated young animals for
su-nigfn 13 gur 40 sila Total: 3940 quarts Nippur
nu-kiri., gis-gal-gal-me gardeners of the great trees 15. iti ezen-rBa-u-ta from the month (viii)
20 sila Lu-liNin-subur 20 quarts for PN iti se-il-la-se to the month (xii)
10. dumu Ur-Dumu-zi sonofPN se-bi 3 gur 180+20 their grain: 1100 quarts
15 sila Lti-bar-ku-ga dumu 15 quarts for PN son of iti 5 Months: 5
Lu-bala-sa.-ga PN us 60 sila Lu-bala-sa, dead 60 quarts for PN
15 sila Lugal-Nina" 15 quarts for PN 20. u-il the bearer
dumu Ka.-a sonofPN us 60 sila A-lJu lu-KAS dead 60 quarts for PN, the run-
15. 15 sila Ezen-an-ne-zu 15 quarts for PN ner?
V

dumu Ur-d Sa-u-sa sonofPN se-bi 120 their grain: 120 quarts
15 sila Sa-gi-ba-dulO 15 quarts for PN iti mu-su-du.-ta from the month (ix)
dumu Nig-ii-rum son ofPN iti se-ll-la-se to the month (xii)
20 sila Lu-dNina 20 quarts for PN 25. se-bi 1 gur 180 their grain 480 quarts
20. dumu Lugal-nigin, . sonofPN iti 4-kam four months
dumu u-il-me they are children of menials sa Nina" within Nina
15 sila E-kur-he-gaI 15 quarts for PN 20 sila Ur-mes dumu 20 quarts for PN son of
dumu Sa-ba-n;-gar a-ga-am son ofPN, the ... Gir-ni-i-sa, amar-ku.-se PN for castrated young animals
20 sila A-da-na gir 20 quarts for PN, the ... 30. zellJ 30 sila Igi-nin-se escaped 30 quarts for PN
25. 15 sila Lu-Dumu-zi 15 quarts for PN us 30 sila Nin-he-du, dead 30 quarts for PN
dumu Lugal-dab, i-dug-me son of PN; they are doorkeepers iv. [n]ig-sag-me they are the heads?
iii. 15 sila Lugal-du., 15 quarts for PN , ,
gir-se-ga a-LUm-dtug-me
dG'''''. they are the menials of the divine
dumu Ur-bara-si-ga sonofPN Gatumdug
lu-gu-ne-sag people collecting harvest? se-bi 60+20 sila their grain: 80 quarts
120+40+5? = 165 quarts 5. iti ezen dBa-u-ta from the month (viii)
5. gir-se-ga e liNanse-me they are menials of the house of iti se-ll-la-se to the month (xii)
Nanse se-bi 1 gur 60+40 their grain: 400 quarts
20 sila Ab-ta-ma-sa-ga 20 quarts for PN iti-5-kam 5 months
dumuAma-mu sonofPN sa Lagasa" within Lagas
15 sila U-da dumu 15 quarts for PN son of 10. su-nigin 17 gur 60+40 total: 5200 quarts
Ur-dNin-su PN se-ba gur-e uri-a grain ration collected at the
10. e-amar-ra-me they are of the house of young granary
animals sa Lagasa" within Lagas
166 APPENDIX I ARCHIVAL TEXTS 167

u sa Ninaki and within Nina aus der Umwelt des Alten Testaments, edited by Diethelm Conrad
gir Lu-bi-mu viaPN et aI., 1:201 Nippur Su-Sin 5 xii
15. dumu Ur-vlg-alim sonofPN
iti ezen dLi9-si4-ta from the month (iii) 1 Pu-ka Puka
iti se-ll-la-se to the month (xii) ir!!
,
A-Ia-Ia-kam being the slave of Alala
iti 10-kam 10 months A-Ia-Ia igi-ni i-pad before Alala he appeared
5. mu lugal U 4 ba-zah-de-na-ga and said, Oath of the king, on
mu Ur-bi-lum" ba-hul year: (Sulgi 45/Amar-Suena 2) the day I flee
nir-da ue-a let it be a sin
bi-in-du.,
Legrain, Ur Excavations, Texts 3:1018 Sulgi 38 months xii-v Za-am-me-li ama-ni PN, his mother
u
10. Geme-iSuen nins-na-ni and PN, his sister,
[ ] geme 30 sila-ta ...female workers at 30 su-tu nu-zah-da were guarantors
quarts each ma-an-gub-se that he would notflee
a geme zaJ:! iti-I-se work allotment of female 1 Lugal-nigin PN
workers escaped for one 15. 1 Nam-ha-ni PN
month 1 Ur-ga-gis-a PN
a-bi 3600 7-kam their allotment is 3600, 7 1 Ses-kal-la PN
times? 1 Ur-e-ba-du- PN
se-bi 13 gur 120 sila their grain is 13 gur, 120 1 Ur-da-ni PN
quarts (4020 quarts) 1 Kur-ni-mu PN
se-ba zaJ:!-ba ka, grain allotment of escapees lu inim-ma-bi-me are witnesses
g14- a returned to the granary iti se-gurw-kus Month: (xii) .
sig-bi 33 ma-na their wool is 33 pounds mu-us-sa bad Mar-tu ba-du Year: (Su-Sin 5)
rev. sig-ba geme zaJ:!-Ua wool allotment of female workers
escaped
e-gal-la gi 4-a returned to the palace Nikol'skii, Dokumenty khoziaistvennoi otchotnosti...Likhacheva
En-sa-ga-ria ugula us-bar-ra to PN, overseer of weavers 436n.d.
ba-na-zi it was issued
iti se-gurw-kus-ta from month (xii) zaJ:! dSara-a-mu fledPN
iti diri ki-sig-e-us-sa-se to month (v) dumu Ur-dNin-tu sonofPN
mu-us-sa bad ma-da-a ba-du-a year: (Sulgi 38) zaJ:! Ur-dMa-mi ses fled PN brother of
Lugal-e-ba-an-s~ PN
5. ki Ur-igi-sig, fund ofPN
Myhrman, Babylonian Expedition 3: 1 Nippur Su-Sin 5 month xii. zaJ:! lja-ba-Ius-e dumu fled PN son of
See the translation and bibliography by W.H.Ph. Romer in Texte Lugal-a-zi-da PN
168 APPENDIX I ARCHIVAL TEXTS 169

z3.b Kaj-a kit-dim fled PN the silversmith


z3.b Lii-dingir-ra ir ll fled PN slave of iti su-numun month: (iv)
10. dumu Lugal-inim engar the son ofPN, the plowman
z3.b Lugal-ba?-zu? gudu sanga Inanna" fled PN, anointing
priest, administrator of (a place) Sigrist, Syracuse 36 Amar-Suena 4
z3.b Nam-lugal-i-du., fled PN
dumu son of (blank) 1 un Lu-dSuen 1 menial ofPN
rev. z3.b E-gissu dumu fled PN son of dumu Igi-dSara z3.b gu-la-ta son ofPN from the big escape
iju-un-bu PN 1 un Ur-dlskur 1 menial ofPN
z3.b Lu-dSuen dumu fled PN son of dumu Ba-zi-ge z3.b-ta son ofPN from an escape
Lugal-gii-en-e Ur-gal PNs 5. iti dirig-ta u415-am since month (xiii) day 15
5. z3.b Lugal-edin dumu Geme-dNanna fled PN son ofPN ba-ra-zal-ta having passed
z3.b Da-ga-bi? fled PN rev. Ba-sa, i-dab, PN took in charge
z3.b Ba-sig, dumu Hu-zi-ru fled PN son ofPN mu En-mah-gal-an-na ba-hun year: (Amar-Suena 4)
z3.b Ur-dSara dumu E-tur fled PN son ofPN side: Ba-sClt;, dub sar, dumu PN, scribe, son of
z3.b Nig-sa-ge ses Ur-zu fled PN brother of PN· Lugal-sag-ga PN
10. z3.b Ses-an-ni su-i fled PN the barber
z3.b Ur-dA-dulO dumu fled PN son of
Ur-gu-la ab-dab, PN the cowherd Sigrist, Syracuse 259 Amar-Suena 2 months xiii, i
z3.b Pu-zur, dumu Za-a-na fled PN son ofPN
z3.b Ses-kal-Ia fled PN broken
15. dumu Ur-nigin-gar su-.ga son ofPN the fisherman iti? se-gur-ra month? of harvest
side: 1 Lugal-la dumu Lu-dSara PN son ofPN 1 gurus un-il 1 worker, porter, for 7 days
Ur-Nun-gal e Ir-mu-ke, PN, house ofPN U4- 7-se
z3.b-ta en-nun-ga ti-la from escaping, completed? by the
guard
Sigrist, Messenger 41:2 month iv; similar: Gregoire, Archives 5. 20 gurus u4-1-se 20 workers for 1 day
176: 10 Lagas no date zi? gurus rna-a bi-Ib-si flour the workmen filled a ship
gir Da-da-ga viaPN
3 sila kas 2 sila ninda (rations) rev. iti diri uiti se-gurlO-kus month: (xiii and i)
A-bi-Ia-nlim hi-kas, For Apilanum the runner mu Ur-bi-lum" ba-hul Year: (Amar-Suena 2)
25 ...25 ...8 gin I-gis sa-dull u4-5-kam, (rations) regular
offering of the 5th day,
Da-da-ni sukkal hi-zah dabs-de gin-na Dadani the Szlechter, Tablettesjuridiques et administratives, IDS 40 no date
messenger to go to seize the
person who fled z3.b 0-se-.ge-gin EscapedPN
170 APPENDIX I

zan La-ni escapedPN


ses Ur-sa.-ga brother of Ursaga
ensi en-na-ni governor of...
APPENDIX II
5. gin-na-as for going
2-a-bi en-nun-ga a second time let the guard TRANSLITERATIONS OF SELECTED LEGAL, TREATY,
\}e-ti take them AND CANONICAL TEXTS ON FREEDOM AND ESCAPE
rev. inim-ensi-ka In the word of the governor
A-kal-la ses Ukkin-ni PN, brother ofPN The legal and treaty texts here are in chronological order, the order
Ur-sukka[l se]s Lu-kala-ga PN, brother ofPN in which they are discussed in Chapters Three and Four, but the
dMu PN canonical texts are at the end ofthis Appendix. The transliterations
dumu Ur-nigin su-ha, son of PN the fisherman of legal texts rely on Martha T. Roth, Law Collections from
urn? \}e-mi-ni-dab s in the city let them take. Mesopotamia andAsia Minor; Godfrey Rolles Driver and John C.
Miles, The Assyrian Laws, and The Babylonian Laws, 2; Albrecht
Goetze, The Laws ofEsnunna; and Harry Hoffner, Jr., The Laws
Yoshikawa, Acta Sumerologica 9 (1987):307:4 Amar Suena 4 ofthe Hittites.
Umma

dv , 'v Ur-Nammu A iii 114-124, C 11-10 nam-ga-es, ma-lah, gal utul-e


1 Sara-i-sag, PN,
gud dabs udu dabs anse dabs uri Iu gi[rs-ra] Ki-en-g[i Ki-uri-a] su
dumu Te-me-a-ni gim-ar son ofPN, the mill-worker
ba-a[n-bar]
ki Ur-e.j-e gala-ta from PN, the priest,
, d"', l'
Lu- Sara gu-za- a PN, the chair-bearer,
u
ud-ba Aksak" Mara-da" Gir-kal" Ka-zal-lu" mas-gan-bi U-sa-
ru-um" nig An-sa-anv-a nam-arad he-eb-ak-e a dNanna lugal-ga-
en-nun-ta ba-an-da-zah from the guard he fled.
ta ama-ar-gi.-bi hu-rnu-gar
mu-bi-se for their sake
The translation foreigner relies on the equation of lug i r, with
Lu-dSara gu-za-la a un-il-se PN, the chair-bearer, for the work
Akkadian ubdrum, "protected foreigner."
of carrying
Lu-kiri.-zal i-dab, PN took in charge.
iti su-numun-ta since the month (vi), Lipit-Istar ii 1-15 (A iii 9-23) [ud-b ]i-a [dumu-ni]ta dumu-munus
mu En-mah-gal-an-na en dNanna ba-hun Year: (Amar-Suena 4) [Nib[ru" [dumu--ni]ta dumu-munus [U]ri ki_[ rna] [du]mu-nita
dumu-munus l-si-inv-na [dumu]-nita dumu-munus [Ki-en]-gi Ki-
uri [lu gu-bji-a [suduli'] nam-arad [hu-mju-ni-ib-ak [amja-ar-gi.-bi
[huj-mu-gar ki-bi-se he-bi-dab,

12. tukum-bi geme arad hi-u sa-uru-ka ba-zah e hi-ka 1 iti-am i-


tus-a ba-an-gen-en sag sag-gin? ba-ab-sum-mu
13. tukum-bi sag nu-tuku 15 gin ku-babbar i-la-e
172 APPENDIX II LAW, TREATY, AND CANONICAL TEXTS 173

Esnunna 50 sum-ma sakkanakkum sa-pir6 niirim be-el te-er-tim 226 sum-ma galliibum ba-lum be-el wardim ab-bu-ti wardim la se-
ma-la i-ba-as-su-u wardam ha-al-qa-am amtam ha-li-iq-tam e-im u-gal-li-ib ritti galliibim su-a-ti i-na-ak-ki-su
u
alpam ha-al-qa-am imeram ha-al-qa-am sa ekallim'" musken-
im is-ba-at-ma a-na Es-nun-na KI la ir-di-am-ma i-na biti-su-ma ik- 227 sum-ma a-wi-lum galliibam i-da-as-ma ab-bu-ti wardim la se-
ta-la u 4-mi se-be <eli> warham istin u-se-te-eq-ma ekallumr" su- e-im ug-da-al-li-ib a-wi-lam su-a-ti i-du-uk-ku-su-ma i-na babi-su
ur-qd-am it-ti-su i-ta-wi i-lJa-al-la-lu-su galliibum i-na i-du-u la u-gal-Ii-bu i-tam-ma-ma
u-ta-as-sar
51 wardum uamtum sa Es-nun-na sa ka-an-nam mas-ka-nam
KI

uab-bu-ut-tam sa-ak-nu abul Es-nun-naKI ba-lumbe-li-su u-ul us-


si Middle Assyrian 24 sum-ma assafl t a 'ile ina pa-ni mu-tt-sa ra-
ma-an-sa tal-ta-da-ad lu-u i-na libbi iile am-mi-e-im-ma lu-u i-na
u
52 wardum amtum sa it-ti miir si-ip-ri-im na-as-ru-ma abul is- iiliini qur-bu-u-te a-sar beta ud-du-si-i-ni a-na bet As-su-ra-ia-e
u
nun-na'' i-te-er-ba-am ka-an-nam ma-as-ka-nam ab-bu-tam is- te-te-rab is-tu belet bite u-us-bat 3-su 4-su be-da-at bil bite ki-i
sa-ak-ka-an-ma a-na be-li-su na-se-er assat" a 'ile i-na beti-su us-bu-tu-u-ni la-a i-di i-na ur-ki-it-te
siniltu si-i<t> ta-at-ta-as-bat bil bite sa assas-su [i-na] pa-ni-su
ra-mo-an-sa [tal-d]u-du-u-ni assas-su [u-na-ka-as-ma la] i-laq-qe
Hammurapi 15 sum-ma a-wi-lum lu warad ekallim lu amat ekallim [assa ]flt a 'ile sa assas-su il-te-sa us-bu-tu-ni uz-ni-sa u-na-ku-su
lu warad muskenim lu amat muskenim abullam us-te-st id-da-ak ha-di-ma mu-us-sa 3 bilat 30 ma-na annaka sim-sa i-id-dan ha- u
u
di-ma assas-su i-laq-qe-u sum-ma bil bite ki-i assat a 'ile i-na
16 sum-ma a-wi-lum lu wardam lu amtam hal-qa-am sa ekallim biti-su istu assi[ti-su] us-bu-tu-u-ni i-[de] salsiitea-te i-id-da-anu
ulu muskenim i-na bi-ti-su ir-ta-qi-ma a-na si-si-it na-ga-ri-im la sum-ma it-ti-ki-e-ir la-a i-di-e-ma i-qa-ab-bi a-na Ndrim il-lu-u-ku
us-te-si-am be-el bitim su-u id-da-ak u sum-ma a'ilu sa assat" a'ile i-na beti-su us-bu-tu-u-ni i-na
Niirim it-tu-u-ra salsiitea-te i-id-da-an sum-ma a 'ilu sa assas-su i-
17 sum-ma a-wi-lum lu wardam lu amtam hal-qa-am i-na si-ri-im na pa-ni-su ra-ma-an-sa tal-du-du-ts-ni i-na Niirim it-tu-ra za-a-ku
is-ba-at-ma a-na be-li-su ir-te-di-a-as-su 2 siqil kaspam be-el u
gi-im-ri sa Niirim u-mal-la sum-ma a 'ilu sa assas-su i-na pa-ni-
wardim i-na-ad-di-is-sum su ra-mo-an-sa ta-al-du-du-u-ni assas-su la-a u-na-ak-ki-es assas-
su-ma i-laq-qe e-mi-it-tu mi-im-ma la-as-su
18 sum-ma wardum su-u be-el-su la iz-za-kar a-na ekallim i';'ri-id-
di-su wa-ar-ka-su ip-pa-ar-ra-ds-ma a-na be-li-su u-ta-ar-ru-su
Hittite 22 tdk-ku ARAD-as hu-u-wa-i na-an EGIR-pa ku-is-ki u-
19 sum-ma wardam su-a-ti i-na bi-ti-su ik-ta-la-su wa-ar-ka wa-te-iz-zi t[dk-ku ma-an-ni-in-ku-ani e-ip-zi nu-us-si kuSE. SIR-us
wardum i-na qa-ti-su it-ta-as-ba-at a-wi-lum su-u id-da-ak pa-a-i tak-ku ke-e-ez ID-az 2 [GiN KU-BABBARpa-a-i] tak-ku
e-di ID-az nu-us-si 3 GiN KU-BABBAR [pa-a-i]
20 sum-ma wardum i-na qa-at sa-bi-ta-ni-su ih-ta-li-iq a-wi-lum
su-u a-na be-el wardim ni-ts i-lim i-za-kar-ma u-ta-as-sar
174 APPENDIX II LAW, TREATY, AND CANONICAL TEXTS 175

23 tdk-ku ARAD-is hu-u-wa-i na[-as A.NA K]UR uru L[u-u-i-ia Treaty ofKing ofHatti with Nipmepa ofUgarit. J. Nougayrol, Le
pa-iz-zi ku-i-sa-an EGIR-pa] u-wa-te-ez-zi nu-us-se 6 Gi[N K]U- palais royal d'Ugarit 4,98, 17,79+374.
BABBAR pa-a-i tak[-ku ARAD-as hu-wa-a-i] na-as ku-ru-ri-i
KUR-e pa-iz-z[i ku- ]i-sa-an EGIR[ -pa-ma u-wa-te-ez-zi] na-an- 37.' sum-ma is-tu mal allja-at-ti amilu mu-nab-tu, in-n[a-bi-it] 1
za-an a-pe-a-as-pat [da-]a-[i] lq-me-pa I"l-l~-ba t-su-ma
AT'
IV r
a-na sar ~ a-a [ t-tl'I'l-l'd- diIn sum-ma
v, matalll v
la-a]
24 tdk-ku ARAD-is na-as-ma GEME-as [bu-wa-a-i] is-ba-as-si- 40.' is-tu ma-mi-ti [te-ti-iq] sum-ma
S[a-an ku-e-el ba-as-si-i] u-e-mi-ia-zi LV-na-as [ku-u]s-s[a-a]n SA 'v tU matalU'- [ga-rt-it
amt-Iu mu-nab- tU4 lS- '" tn-na- bii-tt" t-na matll ~ a-at-ti']

MU 1.[KAM 2 Yz MA.NA KU-BABBAR pa-a-i] MUN[US-S]a- il-Ia-[a-ka-a?] sar matallja_at_ti u-ul [i-ka-al-Ia-a-su?]
ma ku-us-sa-an SA (MU.l.KAM)] 50 GIN [KU.BABBARpa-a-i]

173b tdk-ku ARAD-as is-bi-is-si a-ra-<u>-ez-zi A.NA DUGUTUL Idrimi Sidney Smith, The Statue ofIdri-mi.
pa-iz-zi
'
3· t-na alva-
U Ia-a b KI biIt a- bii-ta
4. ma-si-ik-tu it-tab-si ubal-ka-nu pan
Suppililiuma's Treaty with Ugarit. Jean Nougayrol, Le palais 5. amelutt'": alE-marKI a-ba-teJjl·A
royal d'Ugarit 4,52, text 17.369 A. u
6. sa um-mi-ia as-ba-nu a-na alE-marKI
7 · ah ill.A ,v I" b ~JjI.A
v -h~ e: -ta sa e i-ta ra u
7.' um-ma-a sum-ma-mi i-na arki" iimi" u
8. it-ti-ia-ma as-bu-ts ma-an-nu-um-ma
aml-I-MES
u mu-un-na-bil-t'u-u t-tu 4 9 · a-wa-te MESsa V a hV v , l ih-s. v
v -su-su u-u lv -su-us
sa matNu_has U lu-u sa matMu-kis 10. um-ma a-na-ku-ma ma-an-nu-um bit a-bi-su
10.' lu-~u sa mdtdti MES sa-na-ti-ma
u u
11. lu-u mar sakkanaki rabii ma-an-nu-um
sa is-tu libbi" matati MES u~-~u-u-ni(!) 12. a-na miireJjl.A al E-marKI lu-u ARAD (ardu)
u i-na libbi mat "Usga-ri-it u
13. sisi-ia narkabti-ia kizi-ia
i-na ardutiMESUI-li sa sar maIU-ga-ri-it 14. eI-t e-qe-su-nu
'v u, l-'Iam ma-at hu-ri
~ u-rt-t'b-te KI

rev. i-te-er-bu-ni " u'I'l- bil sa-b e-MES Su-tu-u


15. e- t e-ti-iq C" KI

u
15.' sarru sa-nu-um-ma sa mati sa-ni-tim-ma 16. e-te-ru-ub it-ti-su a-na li-bi
ma-am-ma-am-an la-a i-la-qi-su-ma 17. ku-zi "Zak-kar bi-ta-ku i-na sa-ni umi"
is-tu qati 1 Ni-iq-ma-an-da sar matU-ga-ri-it u
18. an-mu-us-ma a-na ma-at Ki-tn-a-nimr'
U is-tu qiiti marl MES_SU marl MES marl MES_SU 19. al-li-ik i-na ma-at Ki-in-a-nim':
a-di sa-a-ti dSamsisi sarru rabii ri-ki-il-ta 20. aIAm-mi-iaKI as-bu i-na "Am-mi-ioi'
20.' kdn-na-a ir-ku-us 21. mare MES allja_la_apKI mare MES ma-at Mu-ki-is-be KI
22. mare MES ma-at Ni-ib KI U [mare]MES ma-at
23. A-ma-eK1 as-bu
24. i-mu-ru-un-ni-ma
176 APPENDIX II LAW, TREATY, AND CANONICAL TEXTS 177

25. i-nu-ma mar be-li-su-nu a-na-ku a-na mubbi-ia u Materialen zum sumerischen Lexikon 1, by Benno Landsberger,
26. ip-hu-ru-nim-ma a-ka-a-na-ka ur-tab-bi-a-ku 28-29, tablet 2 iv 7'-15'.
u
27. u-ra-ak a-na li-bi ~abeMES biibire
28. a-na MU-7-KAMMES as-ba-ku issure u-za-ki 7'. [e] lugal-a-ni-ta ba-da-zah
29. pubade ijI.A ab-ri-ma use-eb-i sa-na-ti dIM is-tu bit beli-[su ib-li-iq]
u
30. a-na qaqqadi-ia it-tu-ru e-te-pu-us elippate 8'. [b[a-da-zah-ta im-ma-an-gur-es
31. ~abeMEs Nu-ul-la a-na elippate u-sar-ki-ib-su-nu ii-tu ih-li-qu u[-te-ru-nis-sui
u
32. tiimta a-na ma-at Mu-ki-is-biKl 9'. ba-da-zah-ta im-ma-an-gu-es-a-ta
u
33. et-be-e-ka al-ku pa-an bursani lja-zi is-tu (ditto) u-te-ru-nis-S[u]
34. a-na td-ba-lim ak-su-ud e-li-ia-ku 10'. gis-gir-gir-na in-gar
u
35. ma-ti-ia is-mu-un-ni-ma alpu immeri u kur-sa-a a-na se-pi-su is-k[un]
36. a-na pa-ni-ia ub-lu-u-nim ui-na U4-1-KAM II '. urudu-slr-sir mi-ni-in-sum
37. ki-ma isten en amelu ma-at Ni-bi KI ma-at A-ma-eKI str-str-a-ta i-pa-s[u]
38 ma-at Mu-ki-is-hi KI UaIA-la-la-ahKI aliKI-ia 12'. gis-gan-na Ib-ta-bal
39 ·. a-na za-sz-zm t°t- t u-ru-nzm
0 Vo 0 v .
a hh
v
v e
-MES .
-za bu-ka-na u-se-ti-iq
u
40. is-mu-u-ma a-na mah-ri-ia il-li-ku-u 13'. lu-zu-zah gis e-dab
41. ab-biijI·A-ia it-ti-ia-ma in-na-hu-u ha-taq sa-bat
v
-v
. 1u as-sur-su-nu
42 . ah he,ijI·A-ta v
14'. igi-ni {-na-ni} in-bal
i-na pa-ni-su iq-qur

Treaty from Sefire. H. Donner and W. Rollig, Kanaaniiische und 15'. nam-arad-a-ni mi-ni-in-zu
Aramiiische Inschriften, 1:224. ardus-su u-ra-ad-di

1h "IN ')hN 1n 1N ')1p£l 1h p1P '))b mt» )il1(4b)


Oil[? 1]011? :1?n ):Jil')1 ')1'):1 ')~ NbY 1n 1N ')010 (5) Sayings ofAhiqar James M. Lindenberger, The Aramaic Proverbs
) 01ill1?1 O:J1\'JN?Y 1?'lJ Oil? 1bNl1?"I Oh? ofAhiqar, 55-56, Saying 6.
)[J.'lJP? )il1 ')? OilJ.'lJil111 OilP111 ilP1 '))b Oil'lJJ.(6)
OilP1N1 il)N 1ilN 1Y O'lJ 1P11p1NJ. ilbN<1> [ P1£l 1J.Y mp
on? Oil? 10111 '))b O(7)il'lJJ.) tnnn jm ....] [1]il [1n]£l ilJ.)[:\]
il1'lJNJ. ))£l11 ?N"I [O]:Jl1nl1? 1J.'lJ Oil? 1bN111 ilY1~1 ')il1J.N O'lJ I [?J.n'))]
)?N N')1YJ. 0111P'lJ [il]111n1\'J O\'JJ.
178 APPENDlXII

Joan Goodnick Westenholz, Legends ofthe Kings ofAkkade, 234-


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INDEX

Abbasids 45 Aramaean 128


abolition 15,41, 144 Aramaic 97, 101
Abraham 127 archival texts 3-4,33,59,99
absenteeism 37, 38 archives 48
Abydos 70 Aristotle 71, 147, 150
accounting 34 Asia 154 n. 29
Achaemenids 61 See also Persians. Asoka II
Achish 126, 127 assembly, city, rural 18
Acton, Lord II, 12, 149 Assur 99
Adad 109 Assyria 100
African-Americans 156 Assyrians 103, 151
Africans 41 Assyriologists 140
ag a - U s 49 atheists, village 149
agriculture 56 Athenians 14, 153
Ahhiyawa94 Athens 11,49,71,72,135
Ahiqar 10 I, 102, 177 Augustus 39
Akhnaton 16, 17
Akkad 75, 88, 102, 178 Babylon II, 70
Akkadians 75 Babylonians 151
Akkadian language 20,21,23,29, Bakenrenef71 n. 20
31,47,58,63,67,75,77,100, Baltimore 156
125 Barbados 41, 54
Alalakh 66,88,95,108, 109, 129 n. barber 81
20 bedouin 57, 148
Aleppo 1, 97, 109 Benjamin al-Nahawandi 143
Alexander 144,147 Boccharis 71 n. 20
amargi 26 Brazil 16,42,43,44
Amelekite 126 British, the 148, 155
Amenemhet I 106 Burckhardt, Jacob xi, 7, 8,151-152
Amenemope 139 n. 3 bureaucrats 30, 33, 35, 36, 38, 48,
American South 41,55 50,54,60,99
American slaves 42,55 Burma 2
Ammisaduqa 22, 65, 66
Amorites 56 Cambyses 18,71
Amurru 91, 93 Canaan 109
Androtion 73 canonical literature 104, 117
anduraru 23,26,29,123,140,150 castes 152
n.21 Celebes Islands 16
Angola 16 Chicago voters 48
Arabic 8,16,21,28, 147 children 35, 50, 52-54
194 INDEX INDEX 195

China 2 Early Dynastic period 46 freedom 1-2,9, 75 Haiti 42


Christ 144-145 See also Jesus. Ebla 24, 47,68,69 aspects of 13 !}alqu 31
Christianity 144-146 Eccelsiasticus 140-141 as value 13, 14, 15, 16, 17, Hammurapi 46, 79,85, 138, 172-173
Christians 39, 145, 148, 154 edicts 12,21,22,23,57,59,63,64, 23,103, 104, 135, 142, 144, See also Texts Cited.
Chronicler 114 65,66,70,74 148, 150, 154, 156 Hana66
cities 19,25 Egypt 2, 16, 17 n. 13,39,60 n. 52, civic 13-14,17,19,25,137,144, Hapalla 93
city governor 49-50, 52 70,71 n. 20, 73-74, 90, 94,101- 48 hapiru 58, 60, 62
Civil War, American 156 102,106-108,119,121,127,128, definition of 148-152 harboring 39,61,76-77,79, 80,83,
civilizations as entities 152 129,131-132,148 gift from gods 104 85,89,94,96-98,115
client 16 Egyptian language 29 Greek 3, 25 Hattin,175
Clinton, William 155 Elam 88 history of 8, II, 12, 14,42 Hattusi Ii I 67
Code of Harnmurapi 104 Elamite 59 ideology of9, 63, 98, 115 Hattusili III 94
See also Texts Cited. eleuther 20, 150 n. 21 in Christ 145 Hebrew Bible 6-7, 19,46, 108, 117-
Columbian exchange 152-153 Elijah 106 n. 11 individual 13-14, 120-122 118,125,127, 138, 141, 145, 154
Communism 1-2 Elisha 106 n. 11, 143 lack of 12, 15 See also Texts Cited.
communities 18, 19 elites 15, 16,23,30,31,34,63, 137 love of 147 Hebrew 21,27-28, 125, 139
Constitution of Athens 71 Emar 109 of thought 149 n.20 Hegel 11, n. 1
contracts 66 English as official language 153, 154 personal 16, 19,29, 144, 148, Herodotus 5,18,71,144 n. 10
Corinthians 153 Enmetena64 149, 154 M(y)rilt 27 n. 32, 125 n. 13
corvee 3, 25, 57, 67, 70, 74 escape See flight. sovereignal13, 15-17, 144 n.IO Hittite laws 82, 85, 173-174
covenant 121, 133 Esnunna56, 77,85,172 words for 19-20 See also Texts Cited.
Crete 12 See also Texts Cited. French 149 n. 20 Hittites 24,67,68,69,82,89,90-91,
cultural contacts 138 Essenes 144 n. 10 93, 94-95, 138 n. 2
Euripides 12 gardener 54 /:lofti 29,122-123
dariiru 23 European influence 148 Gath 112, 126, 127 Holiness Code 131,134
Darius 18 excommunication 146 gender, of runaways 41, 42,53 Hong Kong 154 n. 29
David 106 n. II, 110, Ill, 112, 112, Exodus 120-122, 138, 143 generalization 4-6 /:lor 28, 125
113, 114, 115, 122, 126, 127, 138, See also Texts Cited. Gentile 143 horim 28, 134
151 exorcism priest 100 Ghana 155 n. 30 humanities funding 8
death penalty 79, 80, 83 Ezra, Book of 61 Girsu See Lagas-Girsu. !}upsu 29, 122
debt 21,139 Goliath 122 hurr 147
cancellation 72 family 54 goring ox 139 n. 3 Hurrian 24, 27, 28, 68, 69
release 24, 67, 69 first millennium 9, 17 gouging, of eyes 57, 101 hurriyak 28
slavery 23, 26, 46, 134 fled and dead texts 52, 55,158,163 governments, totalitarian 151 !}urru 27, 125
debtors 64 flight 9, 79,81,105 grain 48 hwr 27n. 32
dedicated ones 35, 52 direction of 43,47 Greece 2, 12, 13, 14, 18,38, 152,
definite article 5 family 51 154 Ibalpiel56
democracy 17-18 group 51, 54, 62, 137 Greek, language 20, 49, 144-145 Ibrahim Pasha 148
deportations 88 of free persons 104 literature 130 ideology 56, 63, 98,115, 137
bar 123, 134 n. 28, 140 narratives, 104 miracle 2, 9, 135, 148 idleness 141
desert 44,106, 127 periodicity of 52-53 Greeks4,5,8, 19,33,71,119,120, Idrimi 86,88-89,108-109, 110, 138,
Deuteronomy 28, 130 punishment of 57 139, 144, 147, 153 151,175-176
See also Texts Cited. rarity of mention 53 Guadaloupe 42 imperialism 13, 153
Diodorus Siculus 71 n. 20 escapee status 50 guarantors 51,56 incantations 100, 103, 104
diseases 153 escapees, young 49 India 11,153, 155
dissent 6,7, 121 See also refugees, runaway. Hadad 128 individual, the xi, 8, 151
Domenica42 flood stories 151 Hagar 127-128 interest rates 86 n. 43
free societies 12 Hahhu 67
196 INDEX INDEX 197

inveigling 76 n. 33 liberalism 1 Neo-Babylonian period 60-62 Ptolemy(ies) 39


Ionia 14,94 liberation theology 122 New Testament 144-146 V Epiphanes 73
Iraq 3, 59, 70, 77 Lipit-Istar 57, 75, 76, 85, 171 Ninevites 128 VIII Euergetes II 73
Isaac 128 See alsoTexts Cited. Nippur45 Pythagorean theorum 4
Isaiah 118 See also Texts Cited. list-making 5 Niqmepa95
Islam 16, 146, 148,154 literary texts 99 nomads 44,56,59, 112 rabbis 142
Israel7, 12, 16,28, 110, 112-113, loans 22, 64, 65 Nubia 70 Rabbi Hisda 143
117-119,121,129,137,140,143 Luke 145 Nuhassi 93 Ramses II 90-91
Italy 151 Luwiya82 nutrition 36 rations 34-35, 48, 52, 54
Nuzi 59, 60, 70 redemption 119
Jacob 128 magic 99 reform texts 12
Jesus 145 See also Christ. manumission 26, 46, 75, 133, 147 oath 51, 54 refugees 58, 76, 88, 91,94-95
Jews 11,28,61,70,120, 123, 140, Mari 57 Old Akkadian period 46 release, remission 67, 124, 133
141, 143, 144, 154 maroons 44, 45, 52, 112 Old Babylonian period 21-23, 25, 51, of debt 21, 59, 66, 69-70, 123
Jewish Wars 141 Masoretic Text 145 n. 13 55-57,59,65-66,77,123,149 (of slaves) 68
Jezebel28, 125 Medes 18 Old Testament 6 Renaissance 151
Jonah 128 Mesopotamia 3-5, 6-8,12, 20, 25, 31- oligarchy 18 Rezon 128
Jonathan Ill, 112, 113 32,34,40,137 orallaw 141 rice 153
jubilee 131,134,142 messenger 47,49 oral traditions 7, 138 Rome 2, 34, 38-39, 55,152
Judah, Judaea 110, 112, 113, 118, Middle Assyrian laws 83-85 Oriental despotism 7, 146 Rosetta Stone 73
133, 141 Middle Babylonian period 58-60,70, rowdy groups 27
Judah the Patriarch 143 123 Palestine 58,106,140 royal inscriptions 4,59,64
Judaism 140 military 55 Palmares 44 runaway 6,32,35,42-43,48, 101,
Judges 121 mill-worker 54 pass systems 55, 149 102
jurists, Muslim 146-147 Mira-Kuwaliya 93 passing as free 40 family of 50; free 86
justice 22, 59, 66, 69, 139 missing persons 37 patrolling 43, 49 laws summary 85
Mittani 93 Paul 144, 145 punishment of 44
Karaite 143 monarchy 18 people of the land 142 returning 52
Khurasanians 147 money, grain as 34 Pericles 12 slaves 39, 40,86, 100, Ill, 142 n.
kidinnu 24, 25 monumental texts 99, 108 Persians 18,28,71, 144n.lO, 151 7
kings, critiques of 17 Moses 106 n. 11, 108, 119, 120 n. 3 pestle 101 status of 50, 51, 86
Kizzuwatna 89, 93 multiculturalism 153 Petition of Right 155 See also flight and refugees.
Mursili II 91 Pharisees 141 Russian style of argument 6
labor 32-34, 54 Muslims 146, 148 Philistines Ill, 112 Russo-Ottoman treaty 148
forced 48, 147 mutilation for escape 51, 84 Philo 144
See also corvee. See also gouging, of eyes. Pilliya 88, 110 SA.GAZ 58
Lagas-Girsu 45,52,64 Piyamaradu 94 Samson 106 n. 11
languages, Mesopotamian 8 Nabal III Plutarch 73 Samsuiluna 23 n. 23, 66
Latin 3, 20 Nabonidus 70 policemen 49 Samue119
law, and practice 65 Naboth 28, 125 Pope Gregory VI 146 Samuel-Kings 114
codes 5, 65, 74 naduriiru 29 porter 54 Sarah 127
See also Texts Cited. Napoleon Bonaparte 148 primitive democracy 17 Sargon 102
Jewish 145 Naram-Sin 88 prisoner 103 Saudi Arabia 2 n. 1
Lebanese 148 Nazareth 145 prisons 44, 154 n. 28, 147 Saul 110, Ill, 113, 114, 122,
Lebanon 106 n. 11 Nehemiah 28, 70 134, 135 privileges, city 24, 25 126,127
legal texts 129 Book of 61 propaganda 18 scribes 33, 35, 45
letters 57, 94,102 See also Texts Cited. prophets, Israelite 12, 118 Sefire 97, 176
lexical lists 31,100, 101 Neo-Assyrian period 25 See also Texts Cited. Seha River 93
198 INDEX INDEX 199

seisachtheia 72 Sumer75 West, the 1-2,9, 12, 14, 15, 19,


Senusret I 106 Sumerian 20, 21, 31, 47, 58, 63, 100, 20,152-155 work ethic 48
Septuagint 71 n, 19, 122, 145 n. 13 139 Western Asia 107 wstl.-tn 29
Seti I 70 Sumerian King List 45 wife, claims on 78
Shimei 126, 127 Sunassura 89 Wilusa 94 Xerxes 71
silversmith 54 Suppiluliuma 90, 174 wisdom collections 151
Simti 50 Surpu 103, 178 See also Texts Cited. women 12 n. 2,13,34-35,46,50,51, zab-ba 31
Sinuhe 106, 107,111 Suruppak46 53-54, 83 and n. 40, 84, 88, 89 n. Zanj 45
Sirach, Jesus son of 140-1 Susa25 48,132 Zedekiah 133
slave(s) 15,21,22 n. 22, 23, 26, 38- Swahili 28, 149 n. 20
39,45-47,51-52,54,66,75, Syria I, 2, 24, 47, 57-58, 62, 66-69,
89,95-96,104,140-141 86,88,90-91,95,106 n. 11,108,
branding of 61-62 148
by nature 147 ANCIENT NEAR EASTERN TEXTS CITED
community 47 Talmud 142-143
Egyptian 126 Tatars 148 Atra-HaslsIII vi 25 151 n.23 Hittite Laws 24 82, 173
escape of79, 81 Tawagalawa 94 <;Ig, Kizilyay,Verwaltungsurkunden Hittite Laws 173b 83, 173
haircut 77, 81, 85 taxes 22, 64, 71, 73, 139 I I 51, 157 Hussey, Harvard Semitic Series 4:82
Hebrew 131, 133 Telepinu 67 Esnunna 30 78 49 n. 32, 162
held by rabbis 142 Tessub 68, 109 Esnunna 50 77, 96, 172 Keiser, Yale Oriental Series 4: 190
in army 147 texts, preserved 8 Esnunna Sl 77,172 52, 162
in polite speech 105 Thucydides 153 n. 27 Bsnunna 52 78, 172 King, Cuneiform Texts 10:28 52,
narratives 105 tobacco 153 Genouillac, Textes Cuneiformes 163
numbers of 87 toleration, religious II 2:5481 50, 157 Lager 115 48
percentage of 61 tomatoes 153 Gilgamesh xi 181-82 151 n. 23 Landsberger, Materialen zum
price of 52, 61, 77 n. 34 Toynbee, Arnold 152 Gomi, British Museum 125 52, 160 Sumerischen Lexikon I 101, 177
slave(s) rebellion 83, 87 tradition, steam of 33 Gomi,BritishMuseum333 51,161 Legrain, Ur Excavation Texts 3:1018
royal 61 See also canonical literature. Gomi, British Museum 519 52, 162 52, 166
temple 61-62 treaties 58,86-97 Gomi, Acta Sumerologica 3:166 52, Lipit-Istar 12 76, 171
slavery 12, 60 Tudhaliya II 89 158 Middle Assyrian laws 7 46
history of 31-32 Tudhaliya IV 67 Harnmurapi 15 79,172 Middle Assyrian laws 24 84, 173
in the Americas 40 Tunip 95 Hammurapi 16 79,172 Myhrman, Babylonian Expedition
or service 119, 121 Tuppi-Tessub 91 Harnmurapi 17 80, 172 3:1 51,166
seven-year 131, 134 Turkey 2 n. I, 24, 82, 88, 108 Hammurapi 18 80, 172 Nikol'skii, Dokumenty 436 50, 167
smiths 49, 54 Turkish 21 Harnmurapi 19 80, 172 Sigrist, Messenger 41:2 49 n. 31,
Solomon 126, 128 Two Brothers, Story of 106 nil Hammurapi 20 81, 172 168
Solon 11,71-73 Hammurapi 30, 31 56 Sigrist, Syracuse 36 52, 169
Spartacus 87 Ugarit 60, 90, 92-94, 174- 175 Harnmurapi 117 86 n. 43 Sigrist, Syracuse 259 49,169
Spartans 153 Umma48 Harnmurapi 136 78 n, 36 Surpu ii 28-32 103
Spengler, Oswald 152 United States 154-155 Harnmurapi 170-170 89 n. 48 Surpu iv 2, 31-36 104
St. Jerome 28 Ur III period 3, 32, 48, 64 Harnmurapi 226 81, 173 Szlechter, Tablettesjuridiques 40
Stalin 32 Ur70 Harnmurapi 227 81,173 50, 169
stealing men 130 Ur-Nammu code 75, 171 Harnmurapi 250-2 139 n. 3 Yoshikawa, Acta Sumerologica
Stoic 144-145 Uruinimgina 64, 66 Hittite Laws 22 82, 173 9:307 50, 170
subarn1 24, 25 Hittite Laws 23 82, 173
Subartu 57 village communities 36-37
suicide 43, 106 n. II
Sulgi-simti 50 weaving 35
200 INDEX
CULTURE AND HISTORY
BIBLICALTEXTS CITED
OF THE ANCIENT NEAR EAST
Genesis 16:1-16 128 n. 17 1 Kings 21:8,11 125,28
Genesis 21:8-21 128n. 17 ISSN 1566-2055
Genesis 37:28 133 n. 26 2 Kings 4 143
2 Kings 9:3 106 n. 11 1. Grootkerk, S.E. Ancient Sites in Galilee. A Toponymic Gazetteer. 2000.
Exodus 2:14b,15a 108 n. 15 ISBN 90 04 11535 8
Exodus 5:1 119 2 Chronicles 25:6 133 n. 26 2. Higginbotham, C.R. Egyptianization and Elite Emulation in Ramesside
Exodus 10:26 119 Palestine. Governance and Accommodation on the Imperial Periph-
Exodus21:2 131,133 n. 26 Nehemiah 2:16, 4:8, 13:17 125
ery. 2000. ISBN 90 04 11768 7
Exodus 21:2-11 86 n. 43 Nehemiah5:5-13 134, 135
Exodus 21:7 132 Nehemiah5:7,6:17, 7:5 125 3. Yamada, S. The Construction ofthe As~rian Empire. A Historical Study of
Exodus21:16 130 Nehemiah5:15 133 n. 26 the Inscriptions of Shalmanesar III Relating to His Campaigns in the
Exodus 21:28-32 139n. 3 West. 2000. ISBN 90 04 11772 5
Exodus 23:2 142 n. 6 Esther 2:18 71 4. Yener, K.A. The Domestication ofMetals. The Rise of Complex Metal
Exodus 32 120 n, 3 Industries in Anatolia. 2000. ISBN 90 04 11864 0
Job 3:19 123 5. Taracha, P. Ersetren und Entsiihnen. Das mittelhethitische Ersatzritual
Leviticus 25:10 124, 131 Job 39:5 123 fur den Groffkonig Tuthalija (CTH *448.4) und verwandte Texte.
Leviticus 25:39-42 131 2000. ISBN 90 04 119108
Proverbs 22:17-24:34 139 n. 3
6. Littauer, M.A. & Crouwel, ].H.and P. Raulwing (ed.) Selected Writings
Deuteronomy 15:12-18 132, 133 n,
26,86 n. 43 Ecclesiastes 10:17 125 on Chariots and other Early Vehicles, Riding and Harness. 2001.
Deuteronomy23:16-17 129,143 ISBN 90 04 11799 7
Deuteronomy 24:7 130 n.22 Isaiah 34:12 125 7. Malamat, A. History ofBiblical Israel. Major Problems and Minor
Isaiah 48:20 128 n. 18 Issues. 2001. ISBN 90 04 12009 2
Judges 8:23 122n. 7 Isaiah 58:6c 123 8. Snell, D.C. Flight and Freedom in the Ancient Near East. 2001.
Judges 14-16 106n. 11 Isaiah 61:1 124 n. 11 ISBN 90 04 12010 6
Judges 17:10 133 n. 26 Isaiah 61:1-2 145

1 Samuel 111 Jeremiah 27:20 125


1 Samue18 19 Jeremiah34:8-17 133
I Samue117:25 122 Jeremiah 34:9-16 123
1 Samue118-21 111 Jeremiah34:14, 22 134
1 Samue121:11 127
1 SamueI22:1-2 112 Ezekiel 46:17 124, 134 n. 28
1 SamueI23:16-18 113
1 Samuel 24:20-22 113 Hosea 3:2 133 n. 26
1 Samue125:10 111 Hosea 8:4 122 n. 7
1 Samue126:25 113
1 SamueI27:1-4 113,127 Jonah 4:2 128
1 SamueI27:5-7 113
1 Samuel30: 15 126 n. 14 Zechariah 11:12 133 n. 26
1 Samuel 30:26 113
2 Samuel 16:5-13 126 Ecclesiasticus33:24-31 140-141

1 Kings 2:39-40 126, 129 Luke4:18 145


1 Kings 11:17,23,40 128
1 Kings 19:3 106 n. 11 1 Timothy 1:19-20 146

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