Kima ali: On the Customary Law of Emar
1997 Volume 40 Issue 2 Pages 18-33
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1997 Volume 40 Issue 2 Pages 18-33
In this study, the present writer will argue that the customary law was actively functioning in Late Bronze Emar, covering many fields of the city life with explicit details.
In the Akkadian texts from Emar, occasionally we find the phrase kima ali, meaning “according to (the custom of) the city (i. e., Emar).” It occurs once in a contract on a loan of silver and in other eleven texts concerning the inheritance of family property. In the former text (ASJ 13-T 34), it is prescribed only that the debtor “will add the interest kima ali” (1. 3), while the rate and the term for repayment are not mentioned. This means that the reference to kima ali was thought enough to indicate these concrete conditions. Similarly, in most of the latter texts it is just prescribed that the property is to be divided by the inheritors kima ali. However, four of these texts (Emar VI 177; ASJ 13-T 23; RE 8, 30), which also include lists detailing how to divide the main property, are noteworthy. Since these dividing lists all seem to follow a pattern in which the eldest son acquires more than his brothers as well as the main house, we may conclude that such a way of inheritance was customary in Emar.
Although without referring to kima ali, the customary law of Emar appears to be concerned in other two texts, too. In RE 61 on the marriage (and divorce) of two Emariote women, we find kima marat Emarki, “according to (the custom of) the daughters of Emar” (1. 11; cf. also 11. 17b-18a, 21). This suggests that there were customary laws for female citizens of Emar, protecting their rights (cf. 11. 18b-22 in the case of divorce). Emar VI 18 deals with the enslavement of a certain Kitta, an Emariote serving the king of Carchemish. When he was enslaved (probably because of debt) by Hešmi-Tešub, prince of Carchemish, his family was also about to be enslaved following the Hittite manner. However, it ended up with only Kitta's becoming a slave according to the mamitu ša uruEmar, “the oath of Emar” (11. 11b-12a), probably a treaty between the Hittites and the Emariotes. Based on this, we may assume that this treaty accepted the non-Hittite customary law of Emar in the case of enslavement (of debtors). This aspect of the Hittite administration of Emar can also be seen in the other Syro-Hittite type texts in which kima ali is mentioned (especially royal documents of Carchemish such as Emar VI 201), showing that the Hittites respected the customary law of Emar.
