Die Herzmetaphorik im babylonischen Vertragsrecht: Ina ḫūd libbišu und der freie Wille beim Kaufvertrag.

Kleber, Kristin; Kirchhefer-Lauber, Anna

Abstract

Heart-Metaphors in Babylonian contract law: Ina ḫūd libbišu and free will in sales contracts. Metaphor theories can provide new methodological means for the analysis of Akkadian cuneiform legal documents, especially with regard to the interpretation of terms and legal concepts in Babylonian contracts. In this article we examine the metaphorical phrase of ina ḫūd libbišu (from/in the joy of his heart), which becomes a terminus technicus in the Neo-Babylonian contracts and show that it did not only supersede the traditional waiver of ac-tion clauses but also introduced a real voluntative element, by which a seller consented to the transfer of ownership.