
- •Note on Legal Terminology
- •III. Contemporary Security Devices
- •2. Information as a Security Device
- •1. Possessory Pledges
- •1.1. Terminology
- •1.3. Interest
- •1.4. Non-performing Antichretic Pledges
- •1.5. Antichretic Interest without Pledge?
- •1.6. Termination
- •1.7. Social Justice
- •1.7.1. Redemption
- •1.7.2. Release
- •2. Hypothecary Pledges
- •2. Terminology
- •5. Purpose
- •ABBREVIATIONS
- •1. Text Corpus and Historical Context
- •2. Evidence on Security
- •3. Cumulation of Security
- •4. Conditioning Factors
- •1.2. izēzum and šazzuztum
- •2. Guarantor and. Creditor
- •2.3. Other duties
- •2.4. The meaning of ana ša qātātim tadānum
- •3. Guarantor and Debtor
- •3.1. Risks and protection
- •3.3. The debt-note
- •1. Terminology
- •1.1. šapartum
- •1.2. erubbātum and erābnm
- •4. Default, Seizure, Forfeiture, and Foreclosure
- •1. Joint Liability
- •2. Borrowing by the Creditor
- •ABBREVIATIONS
- •I. Pledge and Surety
- •1. Terminology
- •2. Individual redemption of persons
- •3. Collective redemption of debts
- •1. Suretyship
- •1. Persistency
- •2. Pledge
- •2.1. Objects Pledged

by a genitive: silver for which "I had (been) |
registered |
as |
D's G |
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011 behalf of C" (qātāt D ana |
C altapat, RA |
60, 123:2; |
cf. |
ana C |
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qātātim ša D nalputāku, K T H |
15:6; G qātāt |
D, |
his brother, |
ana C |
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iltaptuni, kt v/k |
156:12, |
courtesy |
Donbaz; |
ana |
C qātātisu nalputāku, |
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EL 326:26). G |
himself |
writes: "x |
silver sa |
C qātāt D altapaf |
(BIN |
6, 123:7£), but may also omit the verb, saying to his debtor: "You
(D) owe χ silver to C and I am G" (anāku qātātum, BIN 6, |
109:5f.), |
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while D himself, referring to |
the same contract, can state: "I |
owe |
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χ silver to C, PN is G" (PN qatatum, BIN 4, 218:17f.). |
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1.2. izēzum and šazzuztum |
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Guarantee can also be expressed by means of the |
verb "to |
stand |
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for" (izêzum and), with the |
guarantor as subject and |
the |
creditor on |
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whose behalf and the debt for |
which |
one |
guarantees in |
the dative |
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(preposition and). A man who |
in kt |
91 /k |
200:8ff. "stands |
for the |
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debt" (ana hubullim izzaz) |
of |
his |
father-in-law, in the related |
record |
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kt 91/k |
127:4f. is said |
to |
be |
his guarantor" |
(ša qātātuni). In |
Ο |
3684 |
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(see note |
42) a creditor |
asks the |
guarantor: |
"Do you |
accept |
respon- |
sibility towards me for the debt?" (ana χ silver. . . . tazzazzam). CCTMMA 1, 84 12ff. mentions a debt-note for 10 pounds of silver due to tamkārum together with one stating "that A. will stand for me: for this debt," apparently a separate record recording that A. accepts liability for the debt, perhaps a guarantor. The verb is also used in the causative stem, with the debtor as subject and the guarantor as
object, e.g. in EL 238:4ff. (see note 28), |
where the debtor |
is asked |
"to provide/appoint (sazziz, imp. S-stem) |
a guarantor33 who |
will not |
fail to bring the debtor back" (to the creditor). The same verb, without mention of a guarantor, occurs in EL 254:1-10, where the son of C seizes D, when the latter is about to leave for Assur, saying: "Appoint for me/provide me (sazzizam) somebody who, when your term expires, will pay me cash the 5 pounds of silver belonging to E."34 The verb lias a somewhat different meaning when used with the preposition warki, "behind," as attested in KKS 5. Here D, whose
term has nearly expired, |
asks |
C: "Why have you made |
the |
boy |
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33 |
EL's original reading is corrected |
in EL II 184; D |
does not supply |
a slave as |
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pledge, but a guarantor "who |
will bring him back." |
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34 |
See also K K S 3, where a |
trader |
liable for clearing |
a colleague, "if |
he |
travels |
to the countryside shall provide to him" (ušazzassum) somebody to take over his reponsibility.

"stand" behind me?" (suhāram warkia tušazziz')• When C answers: "You
are about to leave, pay me 1/3 |
pound of silver, since you have only |
a few days (left) to keep it," D |
assures him: "Should f leave, I will |
pay your silver." Making a boy (servant) "stand behind the debtor"35 clearly is a security measure, taken by the creditor, in order to prevent the debtor from leaving without paying. In this use of the verb izēzum "to stand for" and its derivatives the notions of pledging and guaranteeing meet, as is clear from the Old Babylonian mazzazānum, "pledge."36
The noun derived from this causative stem, šazzuztum, well known with the meaning "representative," is also used for the guarantor, in AKT 3, 8:8ff.: "The silver which A. owes to the kārum and for which I am the sazzuztum—I have indeed paid that silver out of my own funds." This is hardly surprising since being a guarantor is a specific way of representing, acting for another person.
1.3. apālum
Finally we mention the verb apālum, usually translated by "to answer," but in the Old Assyrian commercial contexts frequently "to answer for" in the sense of "to accept responsibility for." In EL 186 (accord-
ing to the editor |
a case of "Schuldübernahme") two persons "answered |
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for"37 a debt of |
13 pounds of silver of the debtor |
and "shall pay |
the |
silver when his |
term is over." In EL 254:11 the |
persons which |
the |
debtor had "to provide to the creditor" (sazzizam, line 5), in order to pay him the silver due when his term had expired, declare "we guaranteed for him" (nēpulšu). In EL 186 and 254 the term "guarantor" is not used and hence it is not clear whether the persons "answering fori' the debtors had indeed been registered as guarantors in the debt-notes. One gets the impression that they only got involved when the due date approached and the creditors had doubts about the availability or solvency of their debtor. This may also have been the case in EL 238, where the the duty of the person desig-
nated as "guarantor" is also expressed by |
the verb |
apālum; here the |
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s5 |
Exactly |
the same expression, |
suhāram warki D šazzuzum, also in |
the |
unpublished |
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text |
kt n / k |
1139:22 |
(courtesy S. |
Çeçen). |
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36 |
See CAD M / I , |
232f., which |
quotes a lexical |
text which |
has |
ana |
manzazānim |
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ušziz• |
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37 |
EL's "werden begleichen" assumes a present-future tense, eppulū, where I pre- |
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fer a |
past tense, ēpulū. See for the verb also EL II |
p. 85 note |
c. |
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