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Author(s): S. Allam
Source: Journal of the Economic and Social History of the Orient, Vol. 33, No. 1 (1990), pp. 1-
34
Published by: BRILL
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Journalof the Economicand SocialHistoryof the Orient,Vol. XXXII
BY
S. ALLAM
(Tiblngen)
Now that the so-called "legal code of Hermopolis" has been pub-
lished, we can eventually assess some aspects of ancient Egyptian
jurisprudence'). This text, however, does not particularly provide
illumination on female citizens as property owners. It is therefore
indispensable to tackle the subject by working our way through the
mass of documents published to date, such as private agreements and
official records. In so doing, we shall actually be better off, since we
will be brought into direct contact with situations primarily concern-
ing everyday undertakings; thus we shall be given more insight into
the daily affairs of the people. Nevertheless, I will consider in my
paper neither marriage settlements, nor documents relating to
inheritance, both categories being adequately discussed in the
literature2). The ultimate aim of my study is rather focus on other
texts, the bulk of which is written in demotic, with only a few in cur-
sive hieratic; the series of documents under review are largely self-
explanatory3).
Upon looking at our sources, which derive essentially from private
archives, we are left with the impression that women used to play a
considerable part when agreements about property rights were to be
negotiated by individuals4). In such agreements women could be
accorded not only a passive role, receiving items of property for
example, but could also themselves confer property rights on
others5). Here I should like to stress that comparison with men's
rights is not intended, as it is beyond the scope of the present study
to establish the extent of feminine activities in society or to investigate
the question of how extensively Egyptian society may have been
"feminized".
It will clear the ground to deal first with deeds in which women
appear not as a negotiating party, but intervening to attest or approve
a matter already agreed upon by two other parties. We are here con-
cerned in most cases with property rights in immovables (such as
fields, grounds and houses). The following is one of numerous
examples. A horse-man (named 'Ioat8pos?) sells a parcel of land, and
his wife, a woman who is receiving alimony6), gives consent; she
assures the buyer that she is henceforth without claim against him
(i.e. the buyer)7). Equally, we have cases, where women acting as
sureties or guarantors make themselves responsible for stipulated
loans. To cite but one example8): A man takes a loan (the purchase
price of 14 artabae of fresh wheat) from a merchant to be paid off
within a set period, while the man's mother declares herself
(individually and jointly) liable for her son's debt9). To round off this
aspect, two further examples are particularly instructive. First, in a
transaction three brothers (priest-musicians who seem to belong to a
body of funerary priests) sell to a sealer-embalmer their right to six
liturgical days (li'.tpat XETroupylxat) yearly in the Anubieion at
13) P Louvre 2443 (Thebes, 249 B.C.): Zauzlch, Kaufvertrdge,p. 21 ff. As this
woman sells away the said rights to her husband's nephew in the year 243 B.C.
(P Louvre 2431. ibidem, p. 26 ff.), we may conclude that her husband could not
pay off his debt and she became indeed the owner of his rights; cf. Pestman, Mar-
riage, pp. 152 + 187
14) P Philadelphia 19 (Thebes, 240 B.C., with a Greek docket, 16 witness
signatures verso): M. El-Amir, A Family Archivefrom Thebes, 1959, Part I, p. 86 ff.,
Part II, pp. 40 + 111. I do not follow El-Amlr's view that this sale represents the
wife's will in favour of her husband.
15) Mention is made here of P Ox. Griffith 68 (Fayoum, 132 B.C.. E. Bres-
clanm, L'architvo demotico del tempio di Soknopaiu Nesos, vol. I, 1975, p. 94 f.): A
woman receives from some men five artabae of corn in the name of her husband.
16) W Spiegelberg, AgyptzscheVerpfrindungsvertrdge mit Vermdgensabtretungen,
1923
In these documents no family relationship between the woman and the man is
alluded to. From other deeds, however, it now appears that they were spouses;
Pestman, Marrage, p. 122 f. For P Louvre 2439 (Thebes, 330 B.C.) see Zauzich,
Kaufvertrdge,p. 10 ff., and for P Louvre 2429 bis (Thebes, 292 B.C.), ibidem, p.
14 f. See further infra at n. 21 and n. 118 n fine. In order to have an idea of the
6 S. ALLAM
heavy obligations with respect to the attendance upon a respectable person after his
death, see Shore, in: JEA vol. 54, 1968, p. 198.
17) P Marseille 298 + 299 (payment and cession: Thebes, 235 B.C.): Vittmann,
in: Enchoria vol. 10, 1980, p. 127 ff. Each document bears 16 names of witnesses
who signed verso, either shows recto the same Greek docket indicating the official
registration.
18) P Berlin 6857 + 30039 (payment + cession side by side, cession is however
hardly preserved) with a Greek docket (Dime: Socnopalou Nesos, 45 A.D ):
Zauzich, in: Enchoria vol. 4, 1974, p. 71 ff. Similarly, P Rylands 44 (money-
transfer + renunciation of claim + Greek abstract with signatures; Socnopaiou
Nesos, 29 A.D ): F Griffith, Catalogueof theDemotic Papyri in theJohn Rylands Library
Manchester, vol. III, 1909, p. 169 ff., E. Reymond, in: Bulletin of theJohn Rylands
Libraryvol. 49, 1967, p. 466 ff. This transaction, concluded by a mother in favour
of her daughter, bears upon the sale of two fifths of a house.
19) P Philadelphia 16 (Thebes, 251 B.C.): El-Amir, Family Archive, I, p. 70 ff.
On the bottom, right side, is the Greek tax receipt; 16 witnesses signed verso.
20) P Bibliotheque Nationale, Paris 216 + 217 (Thebes, about 516 B.C.): Cruz-
Uribe, in: Enchorza vol. 9, 1979, p. 33 ff., Pernlgotti, in: Scntti in onore di 0
Montevecchi, edited by E. Bresciani et alii, 1981, p. 289 ff. The witness list on the
verso of both documents consists of eight names each with the same witnesses in
identical order It cannot be inferred from these texts that the actual transfer of pro-
perty will take place only after the death of the mother
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 7
children: in one deed she transmits to her so-called eldest son (sr c3)
one half of everything which belongs to her and of everything which
will devolve upon her from her parents. In the other deed she
transfers likewise the other half of her property to her daughter (from
another marriage). Yet she stipulates that if she bears another child
its share shall come out of theirs. Reference is made lastly to a sale
document where a mother gives one of her two sons one half of her
house and of her rights to revenues from some tomb-endowments; he
in turn has to pay her 1/10 of the said revenues (evidently as
sustenance) during her lifetime, and to care for her after her death
during three years21).
Let us proceed to look for women playing their role as an indepen-
dent party, but still contracting with members of the own family. As
regards women negotiating with their father, several documents show
them receiving property rights from their father. We know, for
instance, of a document by which a man (bearing a double-name:
Greek and Egyptian) coveys to one of his two daughters a one-half
share in a plot of land with a house thereon and one fourth of 40
arouras of fields; the other daughter is mentioned as receiving an
equal share, whilst his son, who also assents to the conveyance in
question, is apportioned the other half of the fields22). Another docu-
ment refers to a woman whose father has given her an allotment of
land with a building on it. In the event of her alienating the land, the
woman is under obligation to offer it first to her brothers and sisters
at a certain price; if they are not disposed to buy, she can then
alienate the land and building to someone else23). One type of pro-
perty conveyance by a father to his daughter is attested in a deed of
21) P Louvre 2424 (Thebes, 267 B.C.) with abstracts written down by
witnesses: Zauzlch, Kaufvertrige, p. 17 ff. Cf. supra at n. 16 and tnfra n. 118 n fine.
22) P Oriental Institute, Chicago 10551 (Pathyrls/Gebeleln, 161 B.C., verso a
witness list of 16 names): Rltner, in: GrammataDemotika(FestschriftfiirE. Liiddeckens,
1984), p. 171 ff.
23) P Hauswaldt 13 (Edfou, 245-241 B.C.): W Spiegelberg, Die demotischen
Papyri Hauswaldt (Vertrageder erstenHalfte der Ptolemderzeitaus Apollinopolis), 1913, p.
43 ff.
8 S. ALLAM
papyrus, were drawn up on the same day; each has a demotic subscription possibly
attesting the payment of the state tax as well as a witness list verso. Similarly, P
BM 10226 (Thebes, 185 B.C., with a demotic docket attesting the payment of the
tax and a list of 16 witness names verso): Reich, Papyr jur Inhalts, p. 73 ff.. A man
sells to his sister amongst other things a parcel of land that he acquired from
another woman.
28) P Moscow 135 (Elephantine, about 349 B.C.): Malinine, in: RdE vol. 26,
1974, p. 34 ff. The transaction text is copied by four witnesses.
29) P Turin 6077 A-C (Deir-el-Medineh/Thebes, 108 B.C.); G. Botti,
L'archivzodemoticoda Deir-el-Medineh, 1967, p. 135 ff. For text A see also Grunert,
in: ZAS vol. 106, 1979, p. 73 For C see idem, in: AltorzentalischeForschungenvol. 7,
1980, p. 61 f., Hughes, in: JNES vol. 32, 1973, p. 159 The three agreements are
written on one papyrus sheet; each has on the verso the same witness list with 16
names.
30) P Turin 6071 (Delr-el-Medineh/Thebes, 103 B.C.): Botti, op. czt., p.
164 ff., cf. Grunert, in: Altor Forsch. vol. 7, 1980, p. 66 f.
10 S. ALLAM
some cases half sisters and half brothers31). It is true that such a
renunciation might have been given in a situation relating, for
instance, to an inheritance. However, where this is not clearly hinted
at in the document, another agreement may underlie the given
renunciation. Hence some examples in our survey may not be amiss.
In one of these deeds a woman declares that she has no claim what-
soever against her half brother with respect to the property of their
father (houses, unbuilt grounds, serfs, money, etc.)32), apparently
after she had been given a share therefrom. In another deed two
brothers jointly allot their younger sister the monthly stipends of two
liturgical days connected with a certain chapel33). In a similar deed,
perhaps the longest contract preserved in Demotic, an embalmer
forfeits in favour of his half sister his claims regarding miscellaneous
buildings and stipends, which she obtained from their mother; by the
very text she is said to have likewise relinquished her claims to his
share which he had bought from their mother. Thus, both sister and
brother seem to have made a reciprocal agreement with regard to one
another's property34). An interesting document brings to our
knowledge an analogous case where a woman and her brother (an
embalmer) renounce mutually any right to one another's house.
Moreover, he disclaims any right to hinder her from making any
alterations or additions to her house, or from demolishing it etc. He
promises furthermore not to construct a window in the north wall of
his house35).
36) P BM 10075 (Memphis, 64 B.C.): Jelinkova, in: JEA vol. 43, 1957, p.
45 ff. + 45, 1959, p. 61 ff. This sale document bears a Greek registrar's docket; it
has on the versoa witness list of 12 names. The father of the four persons in question
(a merchant) gives his assent and declares himself (personally and collectively)
liable for the validity of his children's dealing.
37) P Louvre 2412 (Memphis, 316-304 B.C.): Zauzich, Kaufvertriige,p. 69 ff.
The eldest son (sr c3) of this woman joins her in the sale. In a recently published
deed of sale a woman conveys to her niece a one-sixth share of prebends connected
with some tombs in the necropolis of Memphis, whilst her eldest son (sr C3)gives
consent (P BN Paris 226a + P Louvre 2412, 305/04 B.C., Pezin, in: BIFAO vol.
87, 1987, p. 269 ff.).
38) P Louvre 2430 (Thebes, 334 B.C., with six copies written by six witnesses):
F De Cenival, in: RdE vol. 18, 1966, p. 7 ff.
12 S. ALLAM
39) P Berlin 3142 + 3144 (Thebes, around 200 B.C., each has on the verso the
same witness list including 17 names): S. Grunert, ThebantscheKaufvertrigedes 3. und
2. Jahrhundertsv.u.Z., 1981, doc. nos. 15 + 16.
40) P Berlin 3146 A + B (Thebes, around 194 B.C.): Grunert, Kaufvertrage,doc.
nos. 17 + 18. Payment and cession are written side by side, and each has on the
verso.the same list with 16 witness names.
41) By way of comparison attention is drawn here to the fact that in Athens and
Delos, for example, only male citizens could own land; D. Schaps, EconomicRights
of Women in Ancient Greece, 1979, p. 4 f. Regarding Egypt prior to the Hellenistic
times see my contribution "Women as Owners of Immovables in Pharaonic
Egypt", in: Woman's Earliest Records-A Conference at Brown University, Pro-
vldence/R.I., 1987 (edited by B. Lesko).
42) P. Hauswaldt 3+7+8+9 (Edfou, 246-240 B.C.). Spiegelberg, Papyri
Hauswaldt, p. 13 ff. These transactions consist, each, of a payment document with
a corresponding cession. And each bears versoa witness list of 16 names; the pay-
ment and the cession of one and the same transaction show, however, the same list.
43) Examples: P Vindob. (Vienna) 6849 A + B (payment + cession; Socnopaiou
Nesos, 110 B.C., with Greek dockets, cession only provided with a witness list of
12 names verso): Liiddeckens, in: Festschrift Papyrus Erzherzog Rainer, 1983, p.
174 ff. P Rylands 15 A+B (payment + cession; Gebelein, 163 B.C., a Greek
docket attests the payment of the tax due); each document, though united in one
roll of papyrus, is separetely witnessed on the back, the same 16 witnesses signing
almost in the same order: Griffith, Catalogue,vol. III, p. 131 ff. The subject matter
is a land-sale by a man to a woman, he mentions that he acquired the land (9 1/2
arouras in the domain of Hathor-temple) 14 years earlier from a Greek
soldier/veteran; similarly, P Wiss. Gesell. Strasbourg 18 (Gebelein, 133 B.C.): O.
Gradenwitz/F. Preisigke/W. Spiegelberg, Ein Erbstreitaus demptolemdischenAgypten,
1912, p. 49 ff.
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 13
44) P Turin 246 (=2118) (Thebes, 634 B.C.): M. Malinlne, Choix de textes
juridiques, 1953-1983, vol. I, p. 56 ff. +vol. II, p. 22 ff; Malinine/Pirenne, in:
Archives d'Histoire du Droit Oriental vol. 5 (Bruxelles 1950-51), p. 12 ff. The agree-
ment is followed by ten testimonial attestations, some of which comprise passages
of the agreement. The verso of the papyrus contains a declaration made by our
lady's cousin relinquishing any claim, as the field represented a part of the
hereditary landed property of their grandfather; Pernigottl, in: BIFAO vol. 75,
1975, p. 73 ff. Some years later the chanter's son sells away the field for five silver-
deben( = 50 kite) and refers to the preceding dealing in his new contract: P Turin
27 = 2120 (Thebes, 619 B.C.); Malinine, op.czt., I, p. 72 ff.+II, p. 33 ff.,
Malinine/Pirenne, op.clt., p. 19 ff.
45) P Turin 6107 (Memnonela/Thebes, 109 B.C.): E. Boswlnkel/P Pestman,
Textesgrecs, demotiqueset bilingues(P L. Bat. 19, 1978), p. 3 ff. For the Greek record,
ibidem, p. 19 ff.
46) P Mainz e + 8 (payment + cesslon, Thebes, 184 B.C., with a Greek docket):
Zauzlch, Kaufvertrdge,pp. 37 ff. + 85 ff. These documents belong to the famous
archive known as "Erbstrelt" From this archive we have a fragment (Wiss. Gesell.
Strasbourg 6, from Gebelein) of another land-sale drawn up in 140 B.C. between
two women: Gradenwltz/Prelslgke/Splegelberg, Erbstreit, p. 59 Cf. P Rylands
15 + P Wiss. Gesell. Strasbourg 18: supra, n. 43
14 S. ALLAM
47) P BM 10591 versocol. VI, 9-11 (Siut, 181 B.C.): Sir Herbert Thompson,
A Family Archve from Siut, 1934, p. 60
47a) P Louvre 9416 (Thebes, 214 B.C., with a witness list versocomprising 16
names): Devauchelle, in: BIFAO vol. 87, 1987, p. 161 ff.
48) For the sale of a whole house by a man to a woman see, for example, P
Louvre 2440+ 2427 (payment + renunciation; Thebes, 304 B.C.): Zauzich,
Kaufvertrdge,pp. 12 ff. + 74 ff.
49) P Rylands 12 + 13 + 14 (payment + cession by the vendor + cession by her
father; Thebes, 281 B.C.): Griffith, Catalogue, III, p. 124 ff. The verso of each
record has as usual the signatures of 16 witnesses, the witnesses in nos. 12 + 13
being identical and in the same order Besides, on the rectoof no. 12 there is also
a list of these witnesses written by a single scribe; the same document has moreover
six witness-copies, while no. 13 has only four On this archive see Pestman, Mar-
riage, pp. 87 f. + 186.
50) Cf. Thompson, Family Archive, p. XIII where a man made a gift of a half
of his share in a house and adjacent land to his daughter, who was probably still
an infant, as she was not married till 10 years later
51) P Louvre 3440 A + B (money-transfer + renunclation of claim; Thebes, 175
B.C.): Vittmann, in. Enchora vol. 15, 1987, p. 97 ff., Zauzich, Kaufvertrdge,p.
88 ff. The text for money-transfer is followed by a Greek subscription attesting the
payment of the tax; there is on the versoof both records a witness list with 16 names.
P Berlin 3112 is a copy of the document for money-transfer- Grunert, Kaufvertrdge,
no. 11
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 15
52) P Berlin 7057 (Socnopalou Nesos, 47/8 A.D ): Zauzich, in: Studi in onoredi
E. Bresciani, edited by S. Bondi et alii, 1985, p. 607 ff.
53) P Vindob. (Vienna) 6933 (Socnopaiou Nesos, 47 A.D): Rey-
mond/Roberts, in: Bulletin of the John Rylands Library vol. 52, 1969, p. 218 ff.
Alongside there is endorsed on the same papyrus a Greek text which is no doubt
related to our individuals who are negotiating this time a loan. There the woman
is termed Persian, and her husband appears as her guardian. Cf. P Vienna 6934
(Socnopalou Nesos, 23 A.D., with a Greek docket): Herrauer/Vittmann, in:
Enchorzavol. 13, 1985, p. 67 ff., it is a writing of abandonment by a woman selling
a man her part in a one-storey house.
54) P BM 10524 (Thebes, 290/89 B.C., with a list of 16 witness names on the
verso):Glanville, Catalogueof Demotic Papyri, vol. I, p. 19 ff. On the rectothere is also
a long abstract in Demotic.
55) P BM 10589 (Siut, 175 B.C., a list of 16 witness names on the verso):
16 S. ALLAM
Shore/Smith, in: JEA vol. 45, 1959, p. 52 ff. For the phrase tm sh "not to hinder
someone" see also P. BM 10528; cf. E. Seldl, Ptolemdische 1962, p.
Rechtsgeschtchte,
53 at n. 2.
56) P Philadelphia 26 (Thebes, 217 B.C., 16 witness names on the verso):El-
Amir, FamilyArchive,I, p. 120 ff.
57) P Louvre 2415 (Thebes, 225 B.C.): Zauzich, Kaufvertrdge, p. 31 ff. At the
end of the text, however, the tombs are specified as a share which he got in the
name of his mother
58) P Turin 248 (=2121) (Thebes, 617 B.C.): Malinlne, Choix, vol. I, p.
117 ff. Cf. P. Louvre 10935 (Thebes, 553, B.C., a list of 17 witness names verso):
ibidem,p. 125 ff. where an endowment was created by a man for his deceased
mother; for so doing, he bought a tenure of 11 arouras in the domain of Amon at
Coptos and entrusted it a year later to a choachyte.
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 17
59) P Louvre 9294 + P BM 10450 (the latter is a copy of the former; Thebes,
491 B.C.): Cruz-Uribe, in: JEA vol. 66, 1980, p. 120 ff. The Louvre record has
a witness list with eight names on the verso; there are no witness signatures on P
BM.
60) In P Ashmolean Museum 16 + 17 (supra, n. 10), however, such days are
defined as hrw sms "days of cult-service" The terms under review seem to replace
the old expression hrw n hwt-ntr "days of the temple" used in texts of Pharaonic
date. Identically the sole word hrw can occur; Reymond, Embalmers'Archzves,p. 123
n. 11, cf. Spiegelberg, in: ZAS vol. 49, 1911, p. 38 f.
61) P Turin 6072 A + B (payment and cession; Thebes, 104 B.C., each with an
identical list of 16 witness names on the verso): Botti, Archivio, p. 158 ff. Similarly,
P Turin 6073 A + B (payment + cession, Thebes, 103 B.C., each with an identical
witness list of 16 names on the verso): ibidem, p. 167 ff. Cf. Grunert, in: ZAS vol.
106, 1979, p. 74 f.
62) P Turin 6074 A + B (payment + cession, Thebes, 143 B.C.): Botti, Archivio,
p. 65 ff. Each has on the versoa witness list comprising 16 signatures, with a Greek
docket on the recto of A.
63) P Turin 6103 (Thebes, 111 B.C.): Botti, Archivzo, p. 120 f.
64) P Cairo 30617 (payment + cession; Tebtynis, 98/7 B.C., each record is pro-
vided identically with a Greek docket on the rectoand a witness list of 12 names on
the verso);Jelinkova-Reymond, in: RIDA vol. 1, 1954, p. 23 ff.
18 S. ALLAM
made once more to the family archive from Siut where is reported
znteralia a one-twelfth share of the office of lector (= scribe of the
divine rolls) of the necropolis of Siut as having been bought by a lec-
tor from a woman65).
Our documentation contains also a large number of agreements
settled by or for women about loans of money or of grain for profit66).
And in many cases attested so far the debtor turns out to be of the
gentle sex, yet not too gently dealt with. In one case a woman took
from a man seven artabae of wheat to be paid back increased by 50 %
within half a year67), in another case she owes him the total of 15
artabae of wheat (interest inclusive) to be delivered within 8
months68), in yet another transaction she received seed from him on
the understanding that she give it back as six artabae of wheat within
a determined period69). Through a document from the archive of a
merchant in Saqqarah we encounter a woman who acknowledges her
having received from the merchant the purchase price of 3 1/2
artabae of fresh wheat. As consideration she will pay him seed-grain
within four/five months. If she fails to do so, she has then to deliver
it increased by one half; apart from that she pledges all her property
as security 70). Sometimes we meet with two women in financial straits
taking together a loan from a man. In one document a woman with
her daughter-in-law acknowledge to a Greek horse-man a debt of 50
artabae of wheat, moreover they put in pledge all their property and
declare themselves (collectively and individually) liable for paying off
It goes without saying that not every woman who took a loan
turned out to be absolutely insolvent. In our documentation there are
namely deeds of renunciation which lenders had obviously to set out
upon satisfaction. Here, for example, a record where a divine-father
relinquishes for a lady his claim to the purchase-lien which she with
her husband made for him formerly with respect to two houses75).
Such a renunciation can very well be a discharge from a mortgage
which the woman raised on the houses when taking a loan from the
divine-father.
As is commonly known, (money) lending was a particularly brisk
business; this activity attracted also female investors, as is illustrated
by a series of separate agreements in our material. By the first a man
(a soldier or veteran) received from a Greek woman (with an Egyp-
tian name)76) a loan of corn to be paid back in her house at
Pathyris77). In another agreement a peasant declares unto a woman
his debt of 45 artabae of wheat (interest inclusive)78). If he fails to
deliver it at term he has to give it then at a higher rate; furthermore,
he puts everything he possesses in pledge until the wheat is given in
full. Yet a guarantor might still be required to stand by the borrower.
Thus, a man negotiating a loan (4 1/2 artabae of wheat + 200 silver-
75) P Philadelphia 20 (Thebes, 237 B.C., with a Greek docket, and on the verso
a witness list of 15 names): El-Amir, Family Archive, I, p. 91 ff., II, p. 111. Cf. P
Turin 2136 (Thebes, 126 B.C.): P Pestman, L 'archiviodi Amenothesfiglio di Horos,
1981, p. 123 ff.
76) In our documents persons of foreign origin can bear double names. Greek
women with ethnic and demotic names (for examples see P Wiss. Gesell.
Strasbourg 16, Gebelein, about 135 B.C.: Gradenwitz/Prelslgke/Splegelberg, Erb-
streit, p. 41 ff. + P BM 10075, Memphis, 64 B.C.: vide supra, n. 36 where a double
named woman is listed with her mother's name, but without her father's; vide infra
n. 99) used to opt for Egyptian law when it was to their advantage (e.g. in order
to negotiate without a guardian; vide supra, nn. 45 and 53). We have, however,
examples for men as well (P Adler 2: supra, n. 7 + P O I. Chicago 10551. supra,
n. 22 + Pestman, in: Festschrift Papyrus Erzherzog Rainer, 1983, p. 132;
Boswinkel/Pestman, Les archzvesprivees de Dionysios, p. 3 ff.).
77) P. Heidelberg 739a (Gebelein, 2nd century B.C.): U Kaplony-Heckel, Die
demotischenGebelen-Urkundender HeidelbergerPapyrus-Sammlung, 1964, p. 57 ff.
78) P Field Museum, Chicago (Thebes, 109/8 B.C., a witness list of 16 names
on the verso): Reich, in: Mizrazm vol. 2, 1936, p. 36 ff.
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 21
79) P Leyden 376 (Thebes, 127 B.C., a list of 16 witness names on the verso):
Sethe/Partsch, Urk. zum Biirgschaftsrechte,p. 205 ff.
80) P Strasbourg 44 (Pathyrls, 95/4 B.C., 16 witness names on the verso):
Splegelberg, in: Recueil de travaux vol. 31, 1909, p. 98 ff.
81) P Adler 22 (Gebeleln, 90 B.C.): Griffith, in: Adler et alii, Adler Papyri, p.
101 f.
82) I am deliberately not using the term "slave", since it automatically evokes
the notion of absolute property based upon the relationship between a master and
an unfree person; note that not every unfree person in Egypt was identical with a
slave in the Roman sense. It would appear that in Egypt unfree persons, despite
the fact that some might be bought and sold, were recognized by the society to the
effect that many an unfree person could hold indeed a good deal of rights. Note
furthermore that in Egypt a serf was not necessarily attached to agricultural labour;
cf. Cruz-Uribe, in: RIDA vol. 29, 1982, p. 47 ff.
83) P BN, Paris 223 (516 B.C.) with signatures of six witnesses verso+ P
Louvre 3228 d (688 B.C.) copied out by five witnesses + P Louvre 3228 e (707
B.C.) with four witness copies + P Vatican 10574 (726 B.C.) with seven witness
copies. The last three texts are written in cursive hieratic: Malinine, Choix, vol. I,
p. 35 ff., cf. Menu, in: RdE vol. 36, 1985, p. 73 ff.
22 S. ALLAM
price thereof. In most cases, however, the ceding party has to take an
oath, thus assuring that nobody would contest the right of the new
right's owner.
While we are on the subject of labour, it might be fitting to con-
sider other types of agreements bearing on women's work; such
records offer a glimpse of women at domestic and industrial jobs84).
In one record a man, a choachyte, cedes in favour of a lady a quarter
of the revenues which accrues from choachyte work for the dead of
a soldier family, on the understanding that she shall carry out a corre-
sponding part of this work85). In another record (oddly written down
on a flat circular dish) a woman acknowledges receipt of cash from
a man for becoming his serf; moreover she reinforces her undertaking
by an oath86). Visibly this woman is placing all her potential work at
the disposal of her new master.
On the other hand, several papyri reveal free women working at
different economic levels; such women can negotiate with men about
a specified piece of work such as food preparation, clothing manufac-
ture and wet nursing. A significant contract for wet nursing has come
down to us. A woman agrees with a man about her occupation as a
wet nurse for his son during three years; she will get full board with
the family and shall earn a monthly salary as well as yearly cash for
clothing; the text also lays down heavy fines for her and for him in
case of any breach of the contract87). By another document (in cur-
84) For an outline limited to earlier Pharaonic times see Betro, in: Stato,
Economza,Lavoro nel Vicino Orienteantico, edited by Istituto Gramscl Toscano, 1988,
p. 44 ff., see also Eyre, in: Labor in theAncientNear East, edited by M. Powell, 1987,
p. 37 f+ p. 200 f. For women's role in the economy as reflected in Greek papyri,
see Pomeroy, Women in Hellenistic Egypt, p. 148 ff.
85) P Turin 2127 (Thebes, 491 B.C.): Pernigotti, in: Scntti in onore di 0
Montevecchi, p. 292 ff.
86) Bowl Louvre 706 (592 B.C.): Pirenne, in: Bulletin de l'Acadimie royale des
sciences, des lettreset des beaux-artsde Belgique - Classe des sczencesmoraleset politiques,
tome 34, 1948, p. 581 ff., Malinlne/Pirenne, in: Archivesd'Histoire du Droit Oriental,
tome 5, Bruxelles 1950-51, p. 73 f. For doubts about the interpretation of this
record, see E. Seldl, Rechtsgeschichteder Satten- und Perserzeit, 1968, pp. 54 + 62.
87) P Cairo 30604 (Tebtynis, 232 B.C., with a Greek docket and a list of eight
witness names verso): Betro, in: M. Mascladrl/O Montevecchl, I contrattz di
baliatico, 1984, p. 39 ff., Thissen, in: GrammataDemotika (Fs. Liddeckens), p. 235 ff.
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 23
88) P Louvre 3168 (Thebes, 674 B.C.): Malinme/Pirenne, op.czt., p. 54 f., for
the transcription see now Malinine, in: RdE vol. 34, 1982-83, p. 98.
89) P Lille 41 (Fayoum, 229 B.C.) - a so-called double document: F. de
Cenival, Cautionnementsdemotiquesdu debutde l'epoqueptolemazque,1973, p. 34 ff. Cf.
P Lille 6: ibzdem, p. 16 f.
90) P Lille 52 (Fayoum): ibzdem, p. 54 ff. The object of our deed, like the
preceding one, might be comparable to that specified in Greek agreements by the
term paramone.
24 S. ALLAM
on her own with the priests such a contract and agree amongst other
things to pay them monthly a considerable sum of money (mostly 2
1/2 kite, and in one case 10 kzte)91).
This provisional list of rights, to which women could be entitled
can be further enlarged by a newly published document. It records
a sale by which two individuals, a man and a woman, are acquiring
a cow; the previous owner of the animal has then to acknowledge
receipt of its purchase price and to confirm the absolute ownership of
his partners92). A similar matter is settled through an acknowledge-
ment given by a woman: She relinquishes her right to a cow and an
ass for a man who in exchange gives her a she-donkey93).
A sketch of women as holders of rights would be imperfect if we
disregard them while enforcing their claims and rights in courts of
law. In this respect we are utterly fortunate to have in our material
records pertaining to a family archive of officials (all Egyptian
natives) who were connected with the necropolis of Siut as lectors in
the reigns of Ptolemy Epiphanes and Philometor. We have here an
almost complete series of documents on which a lawsuit was based,
with an official copy of the proceedings at the trial itself and the deci-
sion of the judges. This principal document is a papyrus (originally
32 cm in height by 285 cm in length) with the most important legal
report (in the careful handwriting of a single scribe) which has ever
come down to us in Egyptian language94). Indeed, it contains the
91) P BM 10622 (Tebtynis, 137 B.C.): Thompson, n: JEA vol. 26, 1940, p.
68 ff. P Milan 3 + 4 (Tebtynls, 2nd century B.C.): Bresclanl/Pestman, in: Papiri
della Universita degli studi di Milano ( = P Mil. Vogliano III), 1965, p. 188 ff. where
both suppliants are of anonymous paternity and described only by their named
mother P Ox. Griffith 57 (Socnopaiou Nesos, 138 B.C.): Bresciani, Archivio, vol.
I, p. 78 f. P Freiburg 72 + 73 (Saqqarah?, 270/69 B.C.): Thissen, in: R. Daniel
et alii, Griechischeund demotischePapyri der UnmversitdtFreiburg, 1986, p. 80 ff. with a
general account of the papyri hitherto published. Note that such agreements
usually do without witnesses.
92) P Michigan 3525 A (Edfou?, 501/500 B.C.): E. Cruz-Uribe, Saite and Per-
sian Cattle Documents, 1985, p. 17 ff.
93) P Turin 6113 (Thebes, 112 B.C.): Botti, Archivio, p. 115 ff.
94) P BM 10591 (Siut, 170 B.C.): Sir Herbert Thompson, A Family Archivefrom
Siut, 1934, Seidl/Strlcker, in: Zeitschriftder Savigny-Stiftungfiir Rechtsgeschichte(Rom.
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 25
Abteilung) vol. 57, 1937, p. 272 ff., Seidl, in: RIDA vol. 9, 1962, p. 239 ff., cf.
idem, PtolemiiischeRechtsgeschzchte,Index p. 191 f., idem, in: Zeztschriftfir verglezchende
Rechtswzssenschaft(eznschliefJlichder ethnologzschenRechtsforschung)vol. 69, 1968, p.
96 ff.
26 S. ALLAM
96) P Louvre 3228 c (Thebes, 685 B.C., with six testimonial attestations):
Malinine, in: RdE vol. 6, 1951, p. 157 ff., cf. Menu, in: RdEvol. 36, 1985, p. 78 f.
97) Ostr BM 26352 (3rd-2nd century B.C.): Kaplony-Heckel, in: Acta Orientalia
25 (FestschriftErzchsen, 1960), p. 230 ff.
98) Further examples where women are involved: P BM 10079 D (Thebes,
202/1 B.C.): Reich, Papyrz jur Inhalts, p. 70 ff. with signatures of four
witnesses + P BM 10446 (Thebes, 231/30 B.C.): Revillout, in: Revue egyptologzque
vol. 3, 1885, p. 15 + P Wiss. Gesell. Strasbourg 18. vide supra, n. 43 Comparable
examples where only men appear- P Berlin 3113 (Thebes, 141 B.C., with
signatures of 16 witnesses on the verso): Erichsen, in: ZAS vol. 77, 1942, p. 92 ff.,
cf. P BM 10526 + 10527 (both from Thebes, 288 B.C., each with a list of 16
witness names on the verso, almost identical for the two papyri): Glanville, Cata-
logue, vol. I, p. 27 ff.
99) This demotic term (not entered in Erichsen, DemotzschesGlossar)occurs in the
fragmentary contract P Michigan 253 (Tebtynis, 30 A.D ): Edgerton, in: E.
Husselman et alii, Papyrifrom Tebtunis, Part II (Michigan Papyri, vol. V, 1944), p.
135 ff. There is a woman who sells to her elder son a half share of two rooms
belonging to her by inheritance from her mother In the Greek subscription she is
reported to be accompanied by another son as her kyrzos, who also wrote for her
because she is illiterate. We know, however, of several members of this family
drawing up various transactions mostly in Greek language (ibidem, p. 20 f); this
points then to Greek moresdominating among this family, who after all might have
been Greek, negotiating now and then in Demotic fashion.
100) Such a deed can be drawn up, for example, by a loan-taker for his lender;
Pestman et alii, Recueil, vol. II, p. 46 f.
28 S. ALLAM
ter's wife?) had previously set out for him; in the present deed, how-
ever, this woman, although mentioned, does not take any active
part?01). In another papyrus a man appeals alone to a law-court in
a dispute over a house which his wife purchased formerly; in his peti-
tion he is apparently acting at her bidding102).
Such isolated cases, if their appearances are not deceptive after all,
by no means disprove the general principle which the multitude of
our transactions set out clearly; they are moreover inconsistent with
the bulk of our records. We have also to remember that particular cir-
cumstances, of which we are now ignorant, might have prevailed
then. A fragmentary text reveals, for instance, a husband selling the
house of his wife; the circumstances are now explained by new
fragments which reveal the course of events: The sale was effected in
order that the husband might defray the cost of the interment of his
deceased wife 103). Some further examples might be needed to support
our view. Two sisters whose two brothers acquired a field from a man
(soldier/veteran) relinquish jointly towards the vendor any claims to
the field104); this puts the capacity of the sisters beyond any doubt,
as they are proceeding separately. By a deed of payment a woman
alienates her house to another woman, and both act independently;
.furthermore, the vendor mentions her having sold to two sons an
adjacent ground 105). At another transaction a woman cedes to a man
her right to a quarter-part share in a house in the western district of
Dime, while her husband gives consent to her dealing; were her
capacity placed under any restraint, her husband would play the
101) P Turin 2136 (Thebes, 126 B.C., with 16 witness names on the verso):
Pestman, L'archzvzodi Amenothes, p. 123 ff.
102) P. Louvre 2434+2437 (Thebes, 277 B.C.): Sethe/Partsch, Urk. zum
Burgschaftsrechte,p. 756 ff.
103) P Brussels 2 (=6032) (Thebes, 301/300 B.C.): Shore, in: JEA vol. 54,
1968, p. 193 ff. (witness copy type of document). The deed was fully copied out
by at least six witnesses.
104) P Rylands 24 (Gebelein, 113 B.C., with signatures of eight witnesses on
the verso): Griffith, Catalogue, vol. III, p. 153 ff.
105) P Philadelphia 2 (Thebes, 314 B.C., with a witness copy in full rectoand
a list of 16 witness names on the verso): El-Amir, Family Archzve, I, p. 7 ff.
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 29
main role in the dealing while she would confine herself to merely
giving consent106).
The same picture is readily developed in the records relating to
legal actions. Through a petition addressed to an official we hear of
two sisters who had a dispute with their uncle over a plot of land;
apparently their uncle had taken possession of the land. As the two
women were alleging an inheritance from their father, they filed
independently a complaint against their uncle107). Another record
demonstrates that after a litigation between two women had been
judged at court, the defeated party had to acknowledge the rights of
the winner concerning a house with its equipment108). Reviewing all
the facts above adduced, we safely conclude that there is no serious
reason for disbelieving that women were generally capable of handl-
ing their own affairs. Consequently, if we read in a memorandum
(not an authentic transaction) about "the field of a citizeness, which
a male kinsman of hers sold" 109), we should therefore be cautious
with our interpretation of such a lapidary style; it would be idle to
speculate on the point.
I propose now taking into consideration the instruments that could
be drawn up for or by women as holders of rights. From the
preceding outline it would have already emerged that the instrument
of payment (writing for silver, money-transfer: sh db3-hd: auyypoay'
rpa&aoes)was quite recurrent, be it attested in our material by itself
or accompanied/emphasized by a deed of cession (writing for aban-
donment, renunciation or relinquishment of claim: sh n wi: auyypacpil
118) In the light of some documents we can also get an idea of how a given
mother could obtain titles to permanent alimony from her children. By a title-deed
two men negotiating with their father engage themselves to give periodically a
specified quantity of wheat, oil and money to their mother If the stipulated quan-
tity is not timely delivered, they should give it increased by half in the five following
days; besides, they pledge their present and future property and declare themselves
(collectively and personally) liable. (P Cairo 50128, Hawara, 115/4 B.C., with a
Greek docket and four witness names verso: Spiegelberg, DemotischeInschriftenund
Papyri, CGC, 1932, p. 91 f). By another deed a man dealing with his mother obliges
himself, in case the inundation reaches the height of 18 cubits, to grant her yearly
ten artabae of wheat, the value of a half artaba of oil-seeds and a quarter artaba
of salt, in addition to a dress every two years; however, if the inundation is not so
high, she should be satisfied with the sustenance he normally provides. He pledges
WOMEN AS HOLDERS OF RIGHTS IN ANCIENT EGYPT 33
furthermore his present and future property and sets up a fine (of one talent) to
be paid, should he be unwilling in the future to fulfil his obligation. (P Turin
2131 =238, Thebes, 145 B.C., 16 witness names verso: Pestman, Archzivo di
Amenothes,p. 31 ff). Through a family arrangement concerning a vineyard we are
told that four men "shall give two jars of wine from the vineyard .. for their father;
he being dead, they shall be for their mother until she also dies" (P Adler 9,
Gebelein, 102/01 B.C. Griffith, in: Adler et alii, Adler P, p. 84). By means of a
document for money-transfer a mother sells to her son a half-part of her house, the
other half being given to his elder brother; she assigns him also one half of the
prebends deriving from some tombs, on condition that he carries out choachyte-
work for the tombs in question. She stipulates moreover that he has to give her 1/10
of his choachyte-income during her lifetime, and after her passing away he shall
spend for her obsequies five silver-pieces (= 25 staters) for a period of three years.
(P Louvre 2424, cf. supra, n. 21).
119) Cf. Seldl, PtolemdischeRechtsgeschzchte,p. 88.
120) Cf. zdem,DemotzscheUrkundenlehre,1937, p. 5; idem, Rechtsgeschtchte derSazten-
und Perserzeit,p. 17 However, in the Greek abstract of P Rylands 44 (supra, n. 18)
there is a woman who has subscribed. On the other hand we have from the period
34 S. ALLAM