Preface

List of Abbreviations

GENERAL INTRODUCTION

Introduction

I. The Texts

The archives

Th e Babatha archive

Babatha and her family

Th e Salome Komaise archive

Salome Komaise and her family

Legal implications of the documents

Women's archives

Continuity and change: obtemperare legibus nostris Traianus conpulit imperator?

'Reichsrecht und Volksrecht' and confl ict of law

Previous treatment of legal issues in relation to present study

II. THE TREATMENT

Terminology

a. the meaning of law or legal system

b. Jewish law at the time of the archives

c. Roman law at the time of the archives

Method

Sources

Note on extent of legal detailing

PART ONE THE LAW BEHIND THE DOCUMENTS: EXTERNAL AND INTERNAL EVIDENCE

Introduction to part I

Chapter One: Language

I. Language and Law

Greek as language used in legal documents

Roman vs. indigenous courts?

Greek vs. Aramaic?

Choice of language is choice of law?

II. Conclusions

Chapter Two: Language and References to Law

I. Case Studies

P.Yadin 2 and 3: a Jew amongst Nabataeans

P.Yadin 6: Jews conducting business in Nabataean

P.Yadin 8 and 9: diff erent yet the same

P.Hever 60 and 12: Aramaic where Greek is expected

P.Yadin 5, 17: depositing 'according to the law of deposit'

P.Yadin 11: loan from a Roman centurion

P.Yadin 21–22, 23–24: a sale without capacity to dispose?

II. Conclusions

Overview

Chronological development

Th e use of languages against the background of the parties

References to law in the documents

Law behind the documents

Chapter Three: A New Approach to Understand the Relationship between Roman and Local Law in the Archives

I. Determining the Applicable Law

Under Nabataean rule

Language and references to law

General-specific

Under Roman rule

Language and references to law

Formal-substantive

II. Conclusions

PART TWO THE LAW BEHIND THE DOCUMENTS: CASE STUDIES

Introduction to part II

Chapter Four: Law of Succession

I. Evidence for Applicable Law of Succession in the Archives

Son

Other children/wife in presence of a son

In absence of a son

Order of succession based on documentary evidence

What law determined the order of succession found in the documents?

II. Discussion of Legal Position of Daughter in Ancient Eastern Legal Systems

Egypt

Evidence from legal code and documents

Conclusions

Mesopotamia

Mesopotamian law anterior to Hammurabi's Code

Old Babylonian law

Excursus: the daughter-heir in Athenian law

Assyrian laws

a. Old Assyrian

b. Middle Assyrian

c. Neo-Assyrian

Nuzi

Overview

Anatolia and the Levant

Hittite Laws

Emar

Alalakh

Ugarit

Overview

Excursus: Elephantine

III. Conclusions

Overview

Conclusions

CHAPTER FIVE GUARDIANSHIP

I. Guardianship of a Minor

Th e case of Babatha's son Jesus

Th e appointment of the guardians

Th e dispute about maintenance

Th e actio tutelae

Contents and formalities

Excursus: did Babatha win her case?

Th e case of Judah's nephews

II. Guardianship of a Woman

Evidence pro and contra

Two legal concepts?

Th e demands of formal law: the case of P.Yadin 27

III. Conclusions (Chapter Six: Marriage)

CHAPTER SIX MARRIAGE

I. P.Yadin 10: Babatha's Document: A Real Ketubba? Structure and most important features of P.Yadin 10

Th e ketubba and its legal implications

Babatha's sale of the dates

Babatha's dispute with Besas

Babatha's dispute with Miryam

Conclusions

II. P.Yadin 18: Shelamzion’s Document: Jewish vs. Hellenistic?

Structure and most important features of P.Yadin 18

Jewish, Hellenistic, or is it?

Conclusions

III. P.Hever 65: Salome Komaise’s Document: Premarital Cohabitation or Agraphos Gamos?

Structure and most important features of P.Hever 65

Premarital cohabitation?

Agraphos gamos

Conclusions: Legal implications of diff erent interpretations

IV. Conclusions: What Marriage Documents Can Show Regarding the Development of (Jewish) Law

Bibliography

Indices