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by a genitive: silver for which "I had (been)

registered

as

D's G

011 behalf of C" (qātāt D ana

C altapat, RA

60, 123:2;

cf.

ana C

qātātim ša D nalputāku, K T H

15:6; G qātāt

D,

his brother,

ana C

iltaptuni, kt v/k

156:12,

courtesy

Donbaz;

ana

C qātātisu nalputāku,

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.),

while D himself, referring to

the same contract, can state: "I

owe

χ silver to C, PN is G" (PN qatatum, BIN 4, 218:17f.).

 

 

1.2. izēzum and šazzuztum

 

 

 

 

 

 

 

 

 

Guarantee can also be expressed by means of the

verb "to

stand

for" (izêzum and), with the

guarantor as subject and

the

creditor on

whose behalf and the debt for

which

one

guarantees in

the dative

(preposition and). A man who

in kt

91 /k

200:8ff. "stands

for the

debt" (ana hubullim izzaz)

of

his

father-in-law, in the related

record

kt 91/k

127:4f. is said

to

be

his guarantor"

(ša qātātuni). In

Ο

3684

(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

33

EL's original reading is corrected

in EL II 184; D

does not supply

a slave as

pledge, but a guarantor "who

will bring him back."

 

 

 

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

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

s5

Exactly

the same expression,

suhāram warki D šazzuzum, also in

the

unpublished

text

kt n / k

1139:22

(courtesy S.

Çeçen).

 

 

 

 

36

See CAD M / I ,

232f., which

quotes a lexical

text which

has

ana

manzazānim

ušziz•

 

 

 

 

 

 

 

37

EL's "werden begleichen" assumes a present-future tense, eppulū, where I pre-

fer a

past tense, ēpulū. See for the verb also EL II

p. 85 note

c.