الكفالة في العصر البابلي القديم - دراسة في ضوء المصادر المسمارية

الباحث

ارجوان لؤي غانم

المشرف

ياسر جابر خليل

الجامعة

جامعة الموصل

الكلية / القسم

كلية الاثار / قسم اللغات العراقية القديمة

الشهادة

ماجستير

السنة

2022

لغة الرسالة

عربي

الكلمات المفتاحية

الكفالة ; العصر البابلي القديم ; النصوص المسمارية ; القانون العراقي القديم

A The relationship between the creditor, the debtor and the third party, which is the guarantor, is of great importance because of its relationship with the rights of individuals, and the obligation to fulfill them and not lose them as far it is a duty. Because the creditor will be exposed to danger and threat in the event that he is unable to obtain his debt that the debtor owes, the third party was brought to be responsible before the local, legal and community authorities for the payment of that debt or loan. Hence the importance of the bail contract to be the document that indicates the claim of the first party to the courts and its credibility in the event of non-payment or the death of the debtor, his escape or disappearance, and the protection of the creditor’s money from loss, non- payment or delay by the debtor on this one hand. The bail contract is also considered as one of the means that emerged from daily transactions and that allows some individuals who do not have a high financial ability to provide their necessary needs to present themselves or a member of his family as a bailer. For this reason a third party was brought in to be a guarantor or bailer for it, and thus, through this method, many economic and social problems have been solved. The study aims at discovering the effects of the bail contract in terms of the rights of the creditor and the rights of the guarantor and the consequences of its implementation in terms of the relationship of the guarantor with the debtor and the relationship of the guarantor with other guarantors. The present study is divided into three chapters, and as follows: The first chapter is subdivided into three sections, the first of which is the linguistic origins of the term bail, starting with the Arabic language dictionaries, which will explain to us the meaning of guarantee, then memorize the term in the Sumerian and Akkadian dictionaries, as well as B the semantic terms that referred to the guarantee. As for the second one , it explains the social and economic motives that called for the emergence of the bail contract. Whereas the third section is devoted to a review of bail in Islamic Sharia and civil law. The second chapter deals with the stages of the development of the bail since its emergence until the old Babylonian era. This chapter ends with the subject which shows the formula that the bail contract came with during the old Babylonian era. The third chapter was divided into three sections as well, the first one focuses on barley bail contracts. The second one sheds light on the silver bail contracts, while the chapter concluded with a third and final topic, which included contracts to guarantee persons or the individuals (souls). The study concluded with a set of results, the most prominent of which was that the Babylonian writer distinguished the bail contracts with the term (Šu-Du.A,) which corresponds to it in Akkadian (qa-ta-at) appended to the name of the bailer (meaning the guarantee of so-and-so) from the rest of the other economic contracts through its inclusion at the beginning of the contract. In addition to its mentioning with semantic terms whose content refers to the guarantee, such as those contained in some economic contracts such as loan contracts, receipts, and others, in addition to the old Babylonian letters, such as: Hitting his head, hitting his hand, giving speech, or stomping his foot, and most importantly, these semantic terms and phrases are still used in our present societies to refer to the same meaning. The bail contract is a legal document through which the rights of the contracting individuals were preserved. Because of the significance of this document, it was mentioned in the old Babylonian laws, royal decrees and royal letters, by emphasizing the existence of the names of the contracting parties, the creditor, the debtor and the guarantor, as well as the names of witnesses and the oath. The aim of the bail was to deal with economic and social problems, as the legislator was able, through the bail contract, to give the debtor an opportunity to improve his economic situation in the presence of another party who can be his guarantor before the second party. In addition to the fact that the contract saved that person from falling into poverty or destitution at a time when he needed a sum of money or a quantity of grain to run his life affairs. The bail contracts have been classified into three types, the first is the food bail , which is represented by grains such as barley. The second is money like silver, which was the most common means of trading at the time. As for the last type, it included the guarantee of souls (or the individuals) , taking into consideration that the writer did not differentiate between material and personal items such as barley, money and soul (person), but all use the term bail away from the terms that refer to guarantee and the like, and this is what we read in the current laws. --- page 166 [OCR+] --- The Bail in the Old Babylonian Era, a Study in the Light of Cuneiform Sources Thesis submitted By Arjwan Luay Ghanim To the council of the College of Archaeology - University of Mosul in partial fulfillment of the requirements for the Master Degree in Archaeology Ancient Iraqi Languages Supervised By Dr. Assist. Professor Dr. Yaser Jaber Khalil 1444 A.H. 2022 A.D [OCR of page] The Bail in the Old Babylonian Era, a Study in the Light of Cuneiform Sources Thesis submitted By Arjwan Luay Ghanim To the council of the College of Archaeology - University of Mosul in partial fulfillment of the requirements for the Master Degree in Archaeology Ancient Iragi Languages Supervised By Dr. Assist. Professor Dr. Yaser Jaber Khalil 1444 A.H. 2022 A.D --- page 167 [OCR+] --- Ministry of Higher Education and Scientific Research University of Mosul College of Archaeology Department of Ancient Iraqi Languages The Bail in the Old Babylonian Era, a Study in the Light of Cuneiform Sources Thesis submitted By Arjwan Luay Ghanim To the council of the College of Archaeology - University of Mosul in partial fulfillment of the requirements for the Master Degree in Archaeology Ancient Iraqi Languages Supervised By Dr. Assist. Professor Dr. Yaser Jaber Khalil 1444 A.H. 2022 A.D [OCR of page] Ministry of Higher Education and Scientific Research 2 University of Mosul 30 | a, College of Archaeology Department of Ancient Iraqi Languages —, The Bail in the Old Babylonian Era, a Study in the Light of Cuneiform Sources Thesis submitted By Arjwan Luay Ghanim To the council of the College of Archaeology - University of Mosul in partial fulfillment of the requirements for the Master Degree in Archaeology Ancient Iraqi Languages Supervised By Dr. Assist. Professor Dr. Yaser Jaber Khalil 1444 A.H. 2022 A.D

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