TY - JOUR
T1 - Traces of Feldgemeinschaft (Field Alliance) in Roman Egypt Law System and in Jewish Law
AU - Korzakova, Hava Brocha
N1 - Query date: 2022-10-31 08:40:19
PY - 2016
Y1 - 2016
N2 - In P. Oxy. XLI 2954 verso ii. 12-25 we find several documents at least
two of which discuss the same matter - sale of a property by one side in
a partnership. The first document is an edict of the governor of Egypt
C. Avidius Heliodorus and the second one is a court decision, apparently
from a later date. The governor's decision has no parallel in Roman law;
Herrmann and Rupprecht come to the conclusion that it was based on the
local Egyptian law, by which neighboring owners have preferential rights
to buy a property. More evidence for the presumed Egyptian law is found
in a letter from one brother to another, in PSI XII 1259 (= SB V5997)
from the second or third century C.E.; and P. Madrid 11 (= SB VI 9621),
from the third century C.E., which Youtie sees as additional evidence
for this law, in my opinion contradicts it and requires an alternative
explanation. Three more documents discussing the same matter are found
in SB XIV 12139 from the second century C.E. In each of them we can see
additional details of the practice of the law in question under Roman
rule in Egypt. It seems that the Egyptian law in question has a parallel
in the rabbinic law of dina de-bar mitsra (law of a neighboring owner),
which asserts a preferable right of neighbors in buying property (BT
Bava Metsia 108a). The common basis of both the Egyptian and the Jewish
laws seems to be an archaic Feldgemeinschaft (field alliance). Maybe
another level in the development of the same idea is represented by the
Greek law concerning the ``border-money{''} (amphourion). An interesting
point, as Albeck says, is that the Jewish sources for this law are
Babylonian only, which may indicate a deeper influence of the Roman law
on the Palestinian Jewish law than on the Babylonian one.
AB - In P. Oxy. XLI 2954 verso ii. 12-25 we find several documents at least
two of which discuss the same matter - sale of a property by one side in
a partnership. The first document is an edict of the governor of Egypt
C. Avidius Heliodorus and the second one is a court decision, apparently
from a later date. The governor's decision has no parallel in Roman law;
Herrmann and Rupprecht come to the conclusion that it was based on the
local Egyptian law, by which neighboring owners have preferential rights
to buy a property. More evidence for the presumed Egyptian law is found
in a letter from one brother to another, in PSI XII 1259 (= SB V5997)
from the second or third century C.E.; and P. Madrid 11 (= SB VI 9621),
from the third century C.E., which Youtie sees as additional evidence
for this law, in my opinion contradicts it and requires an alternative
explanation. Three more documents discussing the same matter are found
in SB XIV 12139 from the second century C.E. In each of them we can see
additional details of the practice of the law in question under Roman
rule in Egypt. It seems that the Egyptian law in question has a parallel
in the rabbinic law of dina de-bar mitsra (law of a neighboring owner),
which asserts a preferable right of neighbors in buying property (BT
Bava Metsia 108a). The common basis of both the Egyptian and the Jewish
laws seems to be an archaic Feldgemeinschaft (field alliance). Maybe
another level in the development of the same idea is represented by the
Greek law concerning the ``border-money{''} (amphourion). An interesting
point, as Albeck says, is that the Jewish sources for this law are
Babylonian only, which may indicate a deeper influence of the Roman law
on the Palestinian Jewish law than on the Babylonian one.
UR - https://www.mendeley.com/catalogue/8f307865-3895-3363-b3bf-e392959a8482/
U2 - 10.21638/11701/spbu20.2016.203
DO - 10.21638/11701/spbu20.2016.203
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SN - 0202-2532
VL - 11
SP - 244
EP - 252
JO - Philologia Classica
JF - Philologia Classica
IS - 2
ER -