The Aramaic And Egyptian Legal Traditions At Elephantine

This is a study of the interrelationships between the formulary traditions of the legal documents of the Jewish colony of Elephantine and the legal formulary traditions of their Egyptian counterparts. The legal documents of Elephantine have been approached in three different ways thus far: first, comparing them to the later Aramaic legal tradition; second, as part of a self-contained system, and more recently from the point of view of the Assyriological legal tradition. However, there is still a fourth possible approach, which has long been neglected by scholars in this field, and that is to study the Elephantine legal documents from an Egyptological perspective. In seeking the Egyptian parallels and antecedents to the Aramaic formulary, Botta hopes to balance the current scholarly perspective, based mostly upon Aramaic and Assyriological comparative studies.

Outside of the Bible, all of the known Near Eastern law collections were produced in the third to second millennia BCE, in cuneiform on clay tablets, and in major cities in Mesopotamia and in the Hittite Empire. None of the major sites in Syria that have yielded cuneiform tablets has borne even a fragment of a law collection, even though several have produced ample legal documentation. Excavations at Nuzi have also turned up numerous legal documents, but again, no law collection. Even Egypt has not yielded a collection of laws. As such, the biblical texts that scholars regularly identify as law collections represent the only "western," non-cuneiform expressions of the genre in the ancient Near East, produced by societies not known for their political clout, and separated in time from "other" collections by centuries. Making a Case: The Practical Roots of Biblical Law challenges the long-held notion that Israelite and Judahite scribes either made use of "old" law collections or set out to produce law collections in the Near Eastern sense of the genre. Instead, what we call "biblical law" is closer in form and function to another, oft-neglected Mesopotamian genre: legal-pedagogical texts. During their education, Mesopotamian scribes studied a variety of legal-oriented school texts, including sample contracts, fictional cases, short sequences of laws, and legal phrasebooks. When biblical law is viewed in the context of these legal-pedagogical texts from Mesopotamia, its practical roots in a set of comparable legal exercises begin to emerge.

The Elephantine texts have been variously studied, mainly with respect to their impact on Jewish history. But these texts have more to offer, particularly in relation to the history of women. Annalisa Azzoni, in The Private Lives of Women in Persian Egypt, delves deeply into these texts, examining these Egyptian Aramaic documents in order to make public the lives of women, including their social status, their economic activities, and their private lives. Azzoni recovers the lives of everyday women, allowing them to take their place in the larger context of women in the ancient Near East. Challenging any oversimplification about the lives of ancient women, Azzoni painstakingly examines legal documents, administrative texts, and letters. The archives provide a wealth of data in terms of legal and economic status as well as position in the community. Three women receive particular attention in this study: the wealthy Judean Mipṭaḥiah, the Egyptian slave Tamut, and Yehoyismaʿ, Tamut’s manumitted daughter.

Ancient Near Eastern empires, including Assyria, Babylon and Persia, frequently permitted local rulers to remain in power. The roles of the indigenous elites reflected in the Nehemiah Memoir can be compared to those encountered elsewhere. Nehemiah was an imperial appointee, likely of a military/administrative background, whose mission was to establish a birta in Jerusalem, thereby limiting the power of local elites. As a loyal servant of Persia, Nehemiah brought to his mission a certain amount of ethnic/cultic colouring seen in certain aspects of his activities in Jerusalem, in particular in his use of Mosaic authority (but not of specific Mosaic laws). Nehemiah appealed to ancient Jerusalemite traditions in order to eliminate opposition to him from powerful local elite networks.

In this volume, Paul Mandel presents a study of the words darash and midrash from the Bible until rabbinic literature, claiming that the words refer to instruction in law and not to interpretation of text.

This volume, a tribute to John J. Collins by his friends, colleagues, and students, includes essays on the wide range of interests that have occupied John Collins’s distinguished career.

Long recognized as a brilliant cross-cultural study, Yochanan Muffs work analyzes the legal formulary of the Aramaic papyri from Elephantine, at the first cataract of the Nile, where a Persian garrison comprised of Jewish soldiers and their families lived throughout most of the 5th century B.C.E. These documents are of exceptional importance for the study of ancient Near Eastern law, and Muffs has investigated their formative background through extensive references to cuneiform law, by a method he calls the Assyriological approach . Virtually every aspect of law-sale of land, marriage and family law, loans and credit, the taking of oaths, and the granting of bequests is studied in great depth and with unusual clarity. Muffs work has enjoyed renewed interest in the light of more recent discoveries of Aramaic legal documents from later periods, as in the Judean Desert.