the jmyt-pr document: form, function, and significance

The Jmyt-pr Document: Form, Function, and SignificanceAuthor(s): Tom LoganSource: Journal of the American Research Center in Egypt, Vol. 37 (2000), pp. 49-73Published by: American Research Center in EgyptStable URL: http://www.jstor.org/stable/40000522 .

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The Jmyt-pr Document: Form, Function, and Significance

Tom Logan

The study of law in ancient Egypt is hampered by the lack of a digest of legal decisions1 compa- rable to the Code of Hammurabi (and similar "codes," more properly collections of case law2) from Mesopotamia. The best we have is the Her- mopolis or Demotic Legal Code, or "Legal Man- ual."3 It is a late compilation of the 3rd century (though some of it may go back to the 8th century B.C.).4 But we do know that Diodorus praised the completeness of Egyptian law and that several pharaohs (including kings of the Saite Dynasty)5 are said to have made revisions in the legal system.6

In addition, the study of ancient Egyptian law suffers because comprehensive legal legislation (Statutory Law) does not survive (whether such existed in the "rolls of law" is not important here). Lacking such codification we must glean

the surviving inscriptions which discuss legal disputes and/or decisions, contracts, the few actual legal documents that survive, and allusions to legal documents in literary or religious texts. The problem this causes is obvious: our knowl- edge of ancient Egyptian law remains incom- plete. Keeping this in mind, solid progress has still been accomplished in clarifying certain classes of legal documents like the Jmyt-pr.

This study will concentrate on the Jmyt-pr document. This document concerned the transfer of personal items and real estate from one indi- vidual to another. Today it would be considered a civil law contract. Whether we can consider the items transferred private property will be a focus of this study. Since the transfer was frequently from father to son (at least in religious and literary texts), and since the word itself translates as either "that which is in the house" or probably better "that which the house is in (i.e., the document)," the Jmyt-pr has been translated as "will."

Early scholarship divided into two camps: the Germans, led by Seidl and, more recently by T. Mrsich, favored an ambiguous translation of "Hausurkunde," used to dispose/ convey the contents of the house "Verfungen liber Hausvermo- gen,"8 or "Guteriiberwiesung."9 The French, led by the great pioneering studies of Pirenne and Theodorides, favored the translation "conveyance consequent upon death" i.e., a "will (testa- mentary dispositions)," or "a deed of transfer by gift." Those that have followed the French

That is prior to the Late Period and the Hermopolis Legal Code. See Janet Johnson 1994 and 1996. I wish to thank Prof. Janet Johnson for reviewing this article and for her many comments as well as William E. Fisher and John Thompson, Attorneys-at-Law, for their legal comments. This study began as a result of a class taught by Klaus Baer and later studies with him. Any value this study might have is due to Klaus and I would like to dedicate this paper to his memory. 1 J.Johnson 1996, n. 19.

3 See G. Mattha 1975, Schafik Allam 1993: 11-26; Al- lam 1987: 9-31. Whatever it is, it contains systematic jurisprudence. 4 Pestman 1983: 17-21.

5 Theodorides 1974: 21-22. The codes of Solon, the Twelve Tables, and the Code

of Hammurabi are compilations. Legal codification (as dis- tinct from compilations) began with the Romans. Roman codifications probably begin in the reign of Augustus (Strabo states that all the provinces were under Roman law in Augus- tus' time), and survive from the reign of Hadrian. The real Roman legal revolution was the linking of law and legislation and the input judges were accorded in the formulation and establishment of jurisprudence.

7 J. Allen 1999: 90 §8.9.

8 Scharff and Seidl 1939: 22; Mrsich 1975: 172ff.; Allam 1973: 90; van den Boom 1988: 180 with n. 46.

9 Edel 1964: "Nachtrage to paragraph 533,4, vol. II, p. LXXV.

10 Theodorides 1970: H7ff.; 1974: 27; 1985: 322-46.

49



50 JARCE XXXVII (2000)

school have included Breasted, "will,"11 Harari "a disposal document (disposition a titre univer- sal)," or "conveyance of property (acte translatif de propriete).

Recent studies of this document have tried to clarify further the exact meaning and function of the document. T. Mrsich (1968) concluded that in the Old Kingdom the Jmyt-pr was a "disposition" made to organize one's funerary cult. Menu (1971) emphasizes the contractual nature of the document and the desire to keep the property whole "le moyen d'assurer l'integrete permanente d'un ensemble de biens."13 Pest- man (1969: 62) argues that the document was "a fictitious lawsuit . . . used when one wishes to transfer property rights to another person, not only in the case of a bequest of property to an heir but also in the case of a sale of property to a buyer." Elsewhere Pestman (1961: 18, ft. 5) states that the translation by Harari and Chehata as "last will and testament" is "wrong." A similar interpretation is followed by P. Lacau14 and I. Harari15 who felt that the Jmyt-pr did not in itself have the force to execute the transfer of property but had to be accompanied by a sale (swn.t) or contract (htmt) document. E. Seidl16 came to the same interpretation for documents from the Late Period. Van den Boom (1988) 17

felt that no translation is conclusive and accordingly leaves the term untranslated. Never- theless, a recent translation of Jmyt-pr as "transfer document" will be used here as a working hypothesis.

There could be several reasons why various scholars have translated Jmyt-pr differently: a) the meaning may have changed over time; or b) literary references may use the term inexactly.

Therefore, this study will separate actual legal documents (or "copies" mty n of the same) from literary texts. Religious references (i.e., Pyramid Texts, hymns, etc.) are not included. This study is also restricted to the Old through the New

90 Kingdoms.

In order not to duplicate other studies we will concentrate on a narrow focus:

• Who were the participants? Who was the testator and who was the beneficiary?

• Was the property entailed to the children and by what procedure?

• What types of property were transmitted by these documents?

• How did the testator acquire the property? • Did the function, form, or provisions of

this document change over time?

1906, see Metjen Inscription, etc. The various opinions are summarized by Chehata

1954: 17-22 and B. Menu 1971: 156 n. 2. 13 Menu 1971: 157-58 and van den Boom 1988: 180. 14 P. Lacau 1949: 24. 15 I. Harari 1959: 154-55, 163, & 173. 16 Eine neue Urkunde . . . (1952), 47ff.; Agyptische Rechtge-

schichte der Saiten-Perserzeit (1956), 44-45 with n. 33. See also Theodorides 1993; 87-88.

"Because of the diverging opinions we have left the term untranslated," Vizier, 180, n. 44.

18 Janet Johnson 1996: 176-78, and van den Boorn, The

Duties of the Vizier (1988), 180-83. Examples from the Pyramid and Coffin Texts are difficult

to analyze. Examples cited are Spriiche 391b #687 and CT\o\. Ill 353b, Sp. 253 and vol. IV 383, Sp. 754. All of these examples could simply be translated as "what is in the house" and not be a legal reference at all. At best the examples are too difficult to help us. For examples from Coffin Texts see Mrsich 1984:561-611.

For a list of Jmyt-pr documents (exclusive of religious texts) see Menu 1971: 157-58, n. 3.



THE JMYT-PR DOCUMENT: FORM, FUNCTION, AND SIGNIFICANCE 51

Section 1 Translation of the Documents

A. The Old Kingdom21

1. METJEN early Dynasty 422 (Urk. I 1-7) Goedicken 197623

This inscription consists of Metjen's various titles and extracts from various legal contracts and royal decrees guaranteeing the continued maintenance of his various estates and funerary cult.

"(Titles): "He bought (jn.n.f (r)24jsw) 200 arura of arable land from (/*r)25 many royal farmers

(nyswtjw). I. 2/8 50 arura of arable land were given to him belonging to his mother Nebsenet, 9 she made an/w^-j&r-document thereof to my children, 10 That which will belong (hrj) to them was put into a royal document (cnyswt) 11

In every place (office?) 2/11 (RE: a place name) 12 There was given to him and his children 12 auroras of land with dependents (msw), 13 fields, and cattle. 13-14

The property of his father, the Sab and Scribe Inpumankh, was given to him. ... 17

(Re:) The Mendusian Nome . . . : 4/1 A field of four aruras and the people and everything in the funerary-estate decree 2-3 (wdt-mdw) of the scribe of stores (Metjen's father) is given to his one son (Metjen) . . . , 4 for he has a document (sw r.fmdjt) 5 that has been assigned to him, under his control. 5 (Re:) ... the Western Saite Nome 5

He bought a field of 200 aruras from many royal farmers 8 So that offering-hall bread might come forth every day. ... 9 A house 200 cubits long by 200 cubits wide with a wall, 10 furnished and planted with beautiful trees, 11-12 a great big pond built in it, planted with fig trees and grapes. 13-14 It was recorded with their names (the royal farmers from whom the 200 15 Aruras were purchased) in a royal document." 16

Again this study excludes religious examples like PT 391b and 687d. Each text cited will include a date, an acces- sible copy (like Sethe's Urkunden) and a recent discussion.

22 This date seems certain from Metjen's titles that include the names of Huni and Snefru and mention of the funerary estate of Nimaathapi who was the mother of Snefru.

16 See also Porter and Moss 1978: 493-94; MMA 1999: 209-13.

The "r" is present in a parallel line in Metjen (Urk. I 4/ 8): jn.n.f r jsw Sht st3t 200 hr nyswtjw." While I interpret the verbal form as an indicative sdm.n.f, J. Allen in MMA 1999: 213 takes the form as passive sdm.f: "There have been bought for him . . ."

lb Goedicke 1970: 152ff. has challenged the traditional translation of jnjlrdj . . . r jsw. For this writer, the meaning of jnjlrdj . . . r jsw can be determined from the parallelism between "I do not empower any Ka-priest of my estate"

m rdjt . . . r jsw n m rdjt mjmyt-pr n. . . (Urk. I 12/9-13; also I 36/5-9)

The parallelism between rdj r jsw and rdj mjmyt-pr shows that these were two different methods of acquiring property:

/ M rdjt (X) rjsw . . . n (Nn) N rdj. n.(j) shm hm-kj nb dt <f

\ M rdjt mjmyt-pr n (Nn)

I do not empower / to sel1 (X) to (person) any ; estate r priest \ x , /vx , ~ ; r x , to give away (X)

/vx by , means of

~ an

jmyt-pr to (person)

In contrast, jnj . . . r jsw hr . . . should be the opposite - "to buy" hr "from." See Urk. I, 157: 15

Jnj.(j) prpn rjsw hr . . . "I bought this tomb from. . . ." On jn meaning "to acquire" see also Cerny 1961: 8 n. "I";




2. NIKAURA Dynasty 426 Urk. I 16-17 Mrsich 1968: 121ff. (More likely a w^-m^-document)

3. NIKACANKH early Dynasty 528 Urk. I 24-31 Edel 198129

A. TOMB#l,30Tehne

A wdt-mdw document that references an jmyt-pr document.

Jr.f wdt-mdw n msw.f 24/15 r wDb n hwt-hr nbt R-jnt 16

"He made a disposition for his <wife(?) and) children to function as wab-priest for Hathor. . . .

Two st?t of fields have been conveyed (jr) by the Majesty of Menkaura 25/4 to these priests in order (that they) perform priestly services (wDb) therefrom. 5-6

It was the Majesty of Userkhaef 26/ 1 1 who commanded (wd) that I perform priestly services (wcb) for Hathor, 11

Mistress of Tehne, . . . And these children will perform priestly service for Hathor ... as I did. 14-15

He said with his mouth to his children while he was on his feet, alive, 29/1-2 Before the king. . . .

The tomb contains a niche in the west wall with a text to the eldest son of Nikacankh and his wife. Edel's text (1981: Abb. 15, p. 43 and Abb. 16/17, p. 44) replaces Urk. I 31.

The Scribe of the Royal Documents Hemhathor, he is my heir having authority over (hrj) my st (place and office) and over (nb) all my possessions (jst). Her eldest son . . . Hemhathor. Edel abb. 15

[As for any of my Ka-priests] , they are not empowered to give away bread and beer by means of an Jmyt-pr, Moreover, my estate-administrator (hrj st.j) and Priest Hemhathor, [He is not empowered to give away to them any possessions] therefrom

by means of an Jmyt-pr, But they shall perform rituals for this my heir like they did for me, myself." Edel Abb. 16-17

= Urk. I 31: 2-4

Fisher 1961: 49; Goedicken 1976: 202-9. Another parallelism contrasts rdj m jmyt-pr with rdj r htmt:

/ Htmty.sn (X) r htmt . . . n (Nn) [jr hm-kS nb] <f

\ rdwty.sn (X) m jmyt-pr n (Nn)

[As for any / who will seal (X) by seal ... to (person)

/ P -1 \ who will give (X) away by jmyt-pr to (person)

Fisher 1961: 50. 26SoGoedicke 1970:21.

The text is in such fragmentary condition that it is im-

possible to tell whether it was a legal document or a literary allusion to a legal matter. The fact that the document begins with a date suggests a legal text is possible and therefore it is included here.

"Year of the 12th Counting of [all] large and small bovines [of Upper and Lower Egypt.

Prince Ny[kau]ra /// He made a /// [document with book- role determinative] ,

he being alive upon his feet and not sick. He gave to (a list of estates are enumerated which are

given to his wife and children) Because of the fragmentary condition, the type of document is uncertain. Goedicken (1976, taf. Ill following Sethe 1933: 16, n. "d" and Breasted 1906: 89, n. b) restores the document as a wdt-mdw-document, and that seems most probable.

28 Baer 1960: #237. Edel's copy and emendations are a real improvement

and are here followed. 30 P. der Manuelian 1986: Iff.




B. TOMB #2 early Dynasty 531 Urk. I: 161-62 Edel 1981: 59 This tomb was originally made for his father Khety but Nikacankh usurped it as a second tomb.32

"My father. My mother. Urk. I 161/16-17 I made this for them when they departed for the West in a state of Honor

before God "A decree (wdt-mdw) which [. . . Nika]ankh made in his house,

with his mouth, being alive. 162/6 Now as for all my children, I have made (i.e., conveyed- jr m) assets (hrt) 7

that they may eat (i.e., as usufruct- wnm),ss I do not empower any one of them [to dispose that which I have conveyed] to them 8

by means of an Jmyt-pr or to give (it) away to any of his relatives35 9 except when a son of his exists, he will transfer (it) to him. 10 They (all my children) are to perform (functions) under the authority of

my eldest son 11 just as they would perform bread and beer (rituals)36 for me myself; for I have appointed an heir against the day - the latest possible - 12 when I shall go to the West." Urk. I 162/6-12 = Edel, ibid., p. 59)

A common Old Kingdom statement forbids disposing of funerary property by means of an Jmyt-pr. Goedicken (1976: 181) reconstructs the full statement as

n rdj.n.(j) shm hm-k? nb dt(j) m rdjt Sht rmt ht nbtjrjt.n.(j) n-f r prt-hrw n-(j) jm rjsw n rmt nb m rdjt m jmyt-pr n rmt nb wpj-r dd.fn msw.fwc n psst.f "I have not empowered any Ka-priest of my estates to transfer land, people, or any thing which I gave to him so that offerings can be made to me therefrom; or to sell to anyone or to transfer by means of an jmyt-pr to anyone. But he must give (it) to his one child of his division (= heir)."

31 Baer, RT #237. 32 Theodorides 1971: 293. 33 On wnm in legal contexts Reisner 1918: 82, n. 1 follows

Gunn in translating "consume" in the sense of "usufruct." I.e., the endowment (principal) will create an abundance (interest) from which future generations will find suste- nance. This is similar to present trusts which allow the interest to be used as income from an endowment while the principal remains intact, ensuring that the estate will last forever. This meaning is clear in Pap. Berlin 9010 (See Sethe, ZA5 61: 71)

A legal proceeding concludes that if a certain Se-

bekhotpe produces the witnesses to the document he will acquire the property and Sebekhotpe shall wnm the fruits of the assets (he will be the usufructuary and

may use the income) n sbnn.f without diminishing it (the principle).

Thus he is a trustee who can utilize the income but not the

capital. A good parallel is Hepdjefa:

"These possessions shall go to your one son whom you love among your children

so that he may serve (act) as i&z-priest m wnm n sbnn.f nn rdjt pss.fst n hrdw.f using the usufruct but not diminish it (the capital), and without letting him divide it (the endowment) among

his children." (Siutl, 272 = Lesestiicke 92: 21). Thus wnm n sbjn.fmea.ns that a trustee can utilize the income but not the capital. See also K. Baer 1995, vol. I, wnm.

34 Edel 1981: 59 "als Geschenk." Sethe has drw.f nb "any of his descendants" based on

the parallel Urk. I, 27/6 (the other Nikaankh tomb), as does Edel 1981:56.

The determinatives for ht are clear from the Tomb I

parallel, see Edel 1991: 44, Abb. 16, c. Edel (1966: 96-99) also discusses this formula. Exam-

ples include Urk. I: 12 and 36. An unpublished example was found at Lisht and discussed by Henry Fisher (1958: 133).




In other words, the i^a-priests are forbidden to "sell" (rdj r jsw) or "convey" rdjt m Jmyt-pr any of the personnel or property of the funerary estates. The funerary estates must remain undivided so that the cult of the deceased will receive the full value. (In the Middle Kingdom the rdj r jsw becomes a swnt-&oc\\vaent.) A similar Old Kingdom example is:

4. TOMB IN KHAEFRA NECROPOLIS38 Dynasty 5/639 Urk. I, 11-1340 Mrsich 1968: 48

The owner of this tomb is establishing endowments (mddt) for his mortuary cult:

[He made X] while he was alive upon his feet being (titles) I, 11/8

'[In accordance with] any [Dejcree which I made. 14 I do not empower [my brothers], my sisters, or any of my offspring42 ... 15 [to transfer what I have given them(?), land] people or anything, 12/1 which I conveyed to them to make prt-hrw offerings to me therefrom, 2 to [any] of their male servants [female servants], brothers, or sisters. 3 Except to make /?rt[ -offerings to me in the necropolis] 5 in the tomb of the mortuary estate that is in (the precinct) of the Pyramid of Khaefra 6 in accordance with the endowment of fields, people [and things 7 which I transferred to them in order to make offerings to me] therefrom. 8 I do not empower any i^a-priest of (my) estate 9 to transfer away fields, people, or [any thing] 10 [from that I made for him to make prt-hrw offerings] therefrom, 11 by sale (r-jsw) to anyone 12 or by means of an Jmyt-pr to anyone, 13 Except [it is to his one son?/child?] that he must give [it]43 14 of his division (i.e., inheritance - nj pss t.f

" 15 In other words, the priests are restricted to the use of the property only. Note that the proscription is against rdj . . . r jsw I m jmyt-pr "to transfer by sale or hy jmyt-pr." The meaning of pss "division" in legal contexts is the division of property at death. Edel (1966: 96-99) translates psst as "anteil" or "portion." So an heir is one who gets a division. A similar prohibitory text (which also includes the term pss) is

5. SENNUANKH45 Dynasty 646 Urk. I: 36/5-12

"These Ka-priests (male and female determinatives) and their children, as well as the children of their children, whom they shall give birth to for ever, //// I do not empower th[em to] transfer by sale (r-jsw) or by means of an Jmyt-pr to anyone. But it is to their children of [their] division (i.e., inheritance - pss) that they must transfer it. ////

Again note the proscription against rdj . . . r jsw I 'm jmyt-pr "to transfer by sale or hy jmyt-pr." The meaning of pssin legal texts is further elucidated by the Hapidjefa (Djefahapy) of Assiut Contracts (htmt).

38 See also Goedicke 1970: 47 who states that this block, now in Cairo, came from the tomb of Kaemnofret and dates the tomb to Dynasty 5. Klaus Baer (orally) dated the text to

Dynasty 6. 39 Mrsich 1968: 48 says Dynasty 5-6; Goedicke 1970: 44

identifies the owner of the tomb as K3-m-nfrt of the 5th Dy- nasty; and Malek 1986: 82 dates it to Dynasty 5.

Sethe made several changes in his copy of the text between the 1903 and 1933 editions of Urk. I have followed the 1933 edition as well as Goedicke 's copy (plate V - not IV as he references) as well as Mrsich's suggestions.

41 Mrsich 1968: 49, n. 351 emends Sethe's (2nd edition)

[wdt] mdw nbjrit.n.(j) r.s [p]u> N rdj.n(j) ... to [wdt] mdw nb nit. n. ( /) r. s [j] w N rd j-n(j) .

For this reading of mswt "children" (Urk. I, 11/15) see Faulkner 1962: 116, bottom; Mrsich prefers mst sdw(j) "children of my brothers."

43 For this reconstruction see Edel 1966: 98-99. 44 See Spalinger 1984: 634, n. 11. 45 Mrsich 1968: 55ff. 46 Baer 1960: #452. 47 Sethe 1903: 36 restores pss[ty.fy], but pss[.t.sn or

pss[ty.sn] as imperfect relative form or prospective sdm.ty.fy- form seems preferable (see Mrsich 1968: 56, n. 409.




There Hapidjefa admonishes his ^-priests concerning the endowment established for his mortuary services:

"These items (the endowment) shall belong to your one son whom you love, who shall act (in turn) as my i&z-priest . . . without his allowing it to be divided among his children (nn rdjt pss.fst n hrdwf).^ In the Instructions of Amenemhat (line 9) pssw "division" is used for "heir" - "my living image, my

pssw among men. (For a late mention of pss in these texts see Pa-shed #19 below.) 6. KHENMETY50 late dynasty 651 Grdseloff 1943: 26ff.

(An inscription in the tomb of JBrty northwest of the pyramid of Merenra)

Jmyt-pr the Ka-priest Khenmety says My lord made me a ka-priest (rd.n wj nb.(j) m hm-k?) I made for him this door (jwjr.n(j n-)fsbjpn) for the price/in return for a small djw-garment, (mjsw djw sr/)53 so that I came forth therefrom to be a ka-priest (pr.kwj jm.fr hm-kj)

If the above translation is correct, an jmyt-pr-document is not simply a will, as the property was not transferred at death but during the lifetime of both Khenmety and Iarty. Al . The following texts are literary allusions to an jmyt-pr-document included in a string of positive attributes in Old Kingdom laudatory inscriptions: 7. AKHETHOTEP/NEBKAUHOR54 Dynasty 655 Goedicke 1970: pl. IX and X Nebkauhor usurped this tomb from Akhethotep and the inscription is Nebkauhor's. Nebkauhor was a Vizier and a Chief Judge.

Inscription A. Very fragmentary The . . . Vizier . . . He made a wdt mdw (establishing his mortuary estate and priests) (Then follow the usual proscriptions) (If) they cannot come to perform the Monthly Festival . . . they shall bring [their] family (jbwt) or their wives ... they shall be taken from Saut (a place) . . . by means of this jmyt-pr . . . (lines 15-19)

As for any Ka-priest of my estate who shall litigate (sn.ty.fy ht) [against his brother] (or) who goes to (be) Ka-priest for [other tasks] . . .

48 Griffith, Siut (1889) lines 269-72 (also in Sethe 1924: 92). This passage is discussed by Theodorides 1993: 79-80.

For "heir" see also Tames, Hekanakhte 30-31. 50 Grdseloff 1943: 25-38; Goedecken, Metjen, 210; Mrsich

1968: 42ff. 51 Hans Goedicke 1970: 178; Baer 1960: #15 "Merenre or

later." While Goedicke (ibid.) reads jrjz or jry jz, a title "tomb

keeper," my translation essentially follows Grdseloff. Mrsich 1968: 42, while interpreting this document as an jmyt-pr, has a very different interpretation:

rdi w{i) nb.(i) m sri n hm-kj iw ir.n.f(wi) pr.kzvi im.fr hm-kj sbj pn m isw djiw

"My lord placed me as a child to be a &a-priest.

He appointed me that I descended from him for the purpose of being &<2-Priest.

Karen Godicken (1980: 142-45) also includes this as an jmyt-pr. On djw as a garment see both djjw and djw in Baer 1995

vol. II. In Ahmose-Nefertari (#17 below) the pharaoh gives her djw (lines 9 and 16), which indicates that this type of cloth was expensive.

54 Goedicke 1970: 81-103 with plate IX and X; see p. 99 n. 1 for name of owner.

55 Porter/Moss/Malek 1978: 627; Baer 1960: #14A. See Senenuankh jr hm-kj nb jm.sn sn.ty. [fy] ht r snw.f "as

for any Ka-priest (of my estate) who shall institute proceed- ings against his fellow, take away everything which I gave him" (Urk. I 36/17) and similarly Urk. I 13/3.

57 Restored from Urk. I 13/14-17.




in the name of the King as well as ? ... [I have not] empowered them ? . . . to metal-workers (mstt) or Ka-priests . . . which I said concerning this jmyt-pr which I gave to them by means of this jmyt-pr . . . I do not empower them there over themselves (?), their children in all of eternity . . .

Inscription B. In a string of positive attributes, Nebkauhor says: "As for anyone whom I angered, cursed, or hated, I myself placated them. . . .

"I made every wdt-mdw and every Jmyt-pr in every place, with [out "> II III III I ln

It is interesting to note that already in the Old Kingdom a Vizier brags that he had responsibility over jmyt-pr documents as we will see in the Duties of the Vizier below.

8. PEPI Daughter of Tjenti,58 Dynasty 5 Urk. I 35

"The Ka-priestess Pepi, daughter of the Ka-priestess of the mortuary estate of the King's Mother Hetepheres Tjenty says: As for these children who were given to me by this my father by means of an Jmyt-pr, I have not given anyone authority over them. (List follows) "

The purpose of the above tomb inscriptions is simply to forbid the diversion of the funerary endowment to other purposes (this is such a common statement that one presumes that the funerary endowments were commonly broken up by the heirs) .

9. HARKHUEF Dynasty 660 (Urk. I, 121/11-122/2)

(In a string of positive attributes) "The king praised me. My father made an jmyt-pr for me. I was excellent. ..."

10. FRAGMENT in the Wnis Necropolis61 Old Kingdom "The king [praised] me. My father made an jmyt-pr for me.

These two passages simply indicate that this was something to brag about. This type of laudatory inscription continues into the Middle Kingdom (and much later).

B. The Middle Kingdom

1. Literary References:

1 1 . STELE OF SAMONTUOSIR Dynasty 1 1 62

Samontuosir brags that he was a good official in the Temple of Montu as well as in the Palace; that he built an extensive house in his town, excavated a tomb in the desert, made water-vessels for his town, ferried people across in his own boat, . . .

58 Goedicke 1970: 108; Mrsich 1968: 36-37. The word msw, children, indicates people who are ca-

pable of being inherited here and in Urk. I 30/7 "these children, I do not allow them to be taken to any corvee labor (wnwt). Thus Goedicke 1970: 109 interprets msw as msw dt "children of the estate," from Urk. I 25/2. See also Baer 1995

who favors msw-dt but suggests an alternative could be as slaves given as children as in Adoption Extraordinary. 60 Baer 1960: #345.

61 Edel 1964: vol. II, LXXV Nachtrage to §533,4. 62 Baillet 1904: 20-22; Varille 1935-38: 554.




"dd.n.j st n sd.j mjmyt-pr and I gave it (all the above) to my son by means of an jmyt-pr."

12. STELE OF BEBI Dynasty 1263 Bebi brags that he was a good policeman swd. n.j wpt. (j)n sd.j

jw.(j) cnh.k(wj) jr. n.j n-fjmyt-pr m-hSw jrjt. n jt.j

"I handed over my household to my son while I was alive. I made for him an jmyt-pr-&oc\xment in excess of that which my father had made.

My house established on its foundation; my field in its place . . . ; All my possessions (jst) in their right place.

It is my son who made my name to live on this stele. He acted as my heir."

13. PTAHHOTEP64 Early Dyn. 12 (Prisse Pap.) "If you want your condition to be good . . . guard against the vice of greed ... it embroils (families). The man who is exact in right-doing . . . will long endure,

jw.f jr.fjmy t-prjm he makes an jmyt-pr thereof for the greedy has no tomb lines 298-315 (10/1-4)

The meaning seems to be either that if you are not greedy you will be able to acquire possessions which you will be able to leave to your family, or be generous in your jmyt-pr. 14. KAHUN VII. 1: Mery65 Dynasty 12 Griffith pl. XI

1. (Date) Year 39 (Amenemhat III), 4th month of Akhet, day 19 2. (Label) Jmyt-pr which the phylarque (priest in charge of the priests' duty shifts)

Intef 's son Mery called Kebi made to his son Mery's son Intef called Iuseneb.

3. (Text) I am giving (transferring) my office of Phylarque to my son [PN] for my staff of old age, in view of the fact that I am growing old. Appoint him immediately! As for the Jmyt-pr which I previously made for his mother, revoke it! As for my house which is in the district (spSt or djtt) or Hwt-mdt It belongs to my children who will be born to me by Satnebetneniesu the daughter of [PN], together with everything that is in it (the contents).

4. (Witnesses) List of the witnesses in whose presence this jmyt-pr was made 1. The [title and PN] 2. The [title and PN] 3. ///// (the line is here)

63 Gardiner 1957: 309. 64 Zaba 1956; cf. also Simpson 1972: 159.

65 Griffith 1898: 29-31 with pl. XI. For bibliography see A. Theodorides 1970: 125, n. 37.




Kebi has remarried, to a certain Satnebetneniesu, and here revokes an earlier jmyt-pr which was written in favor his first wife, the mother of Iuseneb.

15. KAHUN I.I: Wah and Ankh-ren Griffith, pl. XII & XIII, Sethe 1924: 90-91

1 (Label) "Jmyt-pr which the wab-priest and overseer of the phylae Wah made."

(verso, pl. XIII) la (Label of the attached copy)

Copy (mjty) of the Jmyt-pr which the trusted Sealbearer and Controller of XII, 1 Construction Ankh-ren made.

2a (Date) Year 44, second month of summer, day 13. 2 3a (2nd Label) Jmyt-pr which the trusted Sealbearer and Controller of Construction 3

of the Northern District, Shapses's son Jhy-seneb called Ankh-ren made: 4a (Text) 'All my property in country and town belongs to my brother, the wab-priest 4

and overseer of the phylae of Soped, lord of the east, Shepses's son

Jhy-seneb called Wah. All my dependents (hnmw) belong to this brother of mine.' 5

5a (Recorded) This was placed as a record in the Office (hj) of the Second Reporter (whmw) of the South in Year 44, 2nd month of Summer, day 13."

2 (Date) Year 2, 2nd month of Inundation, day 18 6 3 (Text) The Jmyt-pr which the wab-priest and overseer of the phylae of Sopedu 7

Lord of the East Wah made: T am making an jmyt-pr for my wife, a woman of the town of "The Left

Side," the daughter of Sat-Sopedu, Shefet, called Teti, 8

consisting of everything which my brother . . . Ankhren gave to me

together with all the belongings (hnw)67 wherever they are

(lit. "at its place (st)) 9

consisting of everything which he gave to me. She will give (the property) to whomever she wishes of her children 10

that she will bear to me. I am giving to her the three Asiatics (slaves)68 that my brother . . .

Ankhren gave to me 1 1 She will give (these Asiatics) to whomever she wishes of her children. As for my tomb, let me be buried in it with my wife, without anyone 12

interfering therewith.

Moreover, as for the house (ct) which my brother . . . Ankhren built for 13 me, my wife shall live (wnri) thereupon without letting anyone force her out (hr tj) therefrom. It is the Deputy Geb who will act as guardian for my son.' " 14

Witnesses) List of the people in whose presence this was written (jrj): XIII, 1 1. The decorator of pillars Kemni, 2 2. The Gatekeeper of the Temple Ankh-tifi's son Ipu 3 3. The Gatekeeper of the Temple Seneb's son Seneb. 4

66 The usual translation for snn is "copy." But in this text "copy" is mity. In the Stele Juridique snn is used thusly: "It was determined that a snn had been brought <to) the office of the Reporter . . . from the office of the Vizier. This innwas the statement of. . . ." Here snn contains the minutes of a court proceeding. Also note that the original of Pap. Rhind is also called a snn. So snn means a "report" or "record."

For "belongings" see Hayes 1955: 118.

Note that in Kahun 1.2 a Shepset's son Ihy-seneb acquires four Asiatic slaves in a swnt-document. That Ihy-seneb is perhaps our Ankh-ren.

The term dEj tS r in legal texts means "to interfere with" or "to oppose" (the provisions of the legal document); see Stele Juridique 1.7, Ahmes Nefertari 1.5, Seti I at Nauri CBAe 4,19,10, and Menu 1982: 213, n. 18.




Here Wah makes an jmyt-pr transferring certain property to his wife Shefat including property that his brother Ankh-ren had previously transferred to him, again by jmyt-pr. 16. KAHUNII.l Kahun and Gurob, pl. XIII

This text is the record of a legal dispute between the son of a man (Senbebu?) and a certain Iyemi- atib. The latter received a priestly office by means of an jmyt-pr but never paid the son's father the price agreed to. The dispute ends up in court and begins with an extract of the jmyt-pr which transferred the office:

///// of Gesiab, Senbebw ///// [Year x?] Sesostris /// XIII, 19-20 This is what his son said:

"My father made an jmyt-pr consisting of the Office of Wab-priest and Master of Phylae of Sopedu . . . belonging to him to the Scribe and Master of Contracts of the town of Gesiab, Iyemiatib He said to my father: T will give to you the financial capital,70 and all assessments71 belonging to you,' so he said. Then my father was questioned by the Overseer of Fields Mersu who was acting as deputy for the Magistrates (jdnw nty m srw.t) saying: 'Are you pleased with the giving to you of the financial capital mentioned above as well [as the interest] and all the wawaw reckoned to you as the price for your Office of Wab-priest and [Master of the Phylae]?' Then my father said: T am pleased.' That which the Magistrates said: 'The two men are to swear saying: We are pleased.' Then the two men were asked to swear by the Life of the Lord L.P.H. before the Mayor /// and Overseer of the Fields Mersu (acting as) Deputy for the Magistrates.

(Witnesses) List of witnesses in whose presence this was made: 1. The scribe /// 2. /// (the determinative and line are there) 3. /// (the determinative and line are there)

Court Case Now when my father reached his death He had not removed the impediments TV dr n.f sdbw from the financial capital (i.e., Iyemiateb had not carried out his obligations). Moreover my father said to me when he was ill: Tf the financial principal which . . . Iyemiatib swore to me is not given to you, Then you should petition for it from the Officials who will hear it (the case). Then the financial principal will be given to you,' so he said. I have petitioned /// [there be returned to me] That which reached . . . Iyemiatib this moment (i.e., "Give me back the office").

With these texts from Kahun we are on solid ground. These are precise legal texts and follow a precise form. Namely an jmyt-pr consists of

1. Date 2. Name of person bequeathing the items (the testator) 3. Name of the person who will receive the items

For tp as "capital" see Coptic djdj. For f3t wdwd to mean "assess" or "charge" see K. Baer

1995, vol. I.

72 Sdb for sdb, see Urk. IV 1109/2.




4. Enumeration of the items, usually with the history of how the testator acquired the items (and thus has the right in turn to dispose of the item)

5. Witnesses, exactly 3 (Kahun stunt-documents have 5 witnesses)

17. STELE JURIDIQUE73 Dynasty 1774 Helck 1983: 65-69

This stele was erected in Karnak "as a favor from the King." It contains the legal decision of a dispute between a certain Kebsi who had an unpaid debt of 60 deben to a Sebeknakhte. As a result Kebsi "sells" his office of Mayor of El Kab for the 60 deben, in lieu of the debt. The sale-document (swnt) is accompanied by an jmyt-pr.

"Given as a favor from the King: to place (this stele) in Karnak. L. 1 Titles of Sw8dy-n-Rc . . . Nb-jry-Bw 2-3

Date Year 1, last day of the 4th Month of Bht, under this god. 4 Label Jmyt-pr which [the (military title) Kebsy] made to a relative, the King's Son . . .

[Sobek-nakhte]: Text 'My office of Mayor of El Kab which came to me as the office of my father 5

The Mayor of El Kab Iy-meru [which came] to me [as the possessions] Of my father from the possessions of his maternal brother, the [Mayor]

of El Kab Ay the Younger who died childless. 6 It (the office) shall belong to my relative . . . Sobek-nakhte, from son to son, heir to heir. He is given its (the office's) bread, beer [...],

provisions, priests, its te^-people, its building. 7

(i.e., he is given not only the office but its income)

It shall not be interfered with by anyone because he gave to me its swnt 60 deben for everything. If anyone comes to petition an official (sr) or judge saying: 8 'The office should revert to me.' Do not let him be heard because my office must be given (dd.tw) to my relative . . . Sobek-nakhte, from son to son, heir to heir. Never listen to whoever shall petition it. 9 Because it is the office of my father and I have consigned it (lit. "guide" ssm) to my relative . . . Sobek-nakhte. If my son, daughter, brother, sister, or any of my relatives comes saying: 'The office should revert to (me).' 10 Do not let them be heard. It must be given to my brother . . . Sobek-nakhte. The jmyt-pr was made by the Sab Renseneb in the presence of

73Lacau 1949; Pirenne and Stracmans 1953: 25ff.; Menu 1971: 155-63. For complete bibliography see Spalinger 1986: 6-8.

74 A. Spalinger 1986: vol. 6, 6-8 following v. Beckerath (1965) places Nebirierau I as the sixth Pharaoh of Dynasty 17.

75Lacau 1949 restores [jjt] n [m jBi\ n. Helck 1984 restores [jr.tj] n [m jmyt-pr] n. From other documents I restore [jit] n-(j) [mht] n.

Apparently some kind of administrative personnel, see Theodorides 1962: 60-61 (49).

1 ' This text has parallels to the fragmentary Senimose translated below. For the above passage see Senimose:

jrjw sd.j nb, sjt.j nbt, snw nb, snwt nbt, znb n hjw.j r [mdt hr] tj jmyt-pr m rdj sdm. tw. sn "If any of my sons . . . comes to [contest] this Jmyt-pr Do not listen to them."




Witnesses 1. the Vizier78 PN 2. SBbPN 3. Priest of El Kab PN 11

If this jmyt-pr is delayed in its execution, Do not let it ever be disturbed by anyone. Made by the Bureau {hB) of the Reporter of the Northern Waret,81 12 dictated to the scribe of the Great Prison Amenhotpe acting as Deputy Scribe of the Northern Waret. It was done for him (Sebekhtep?) according to the law {hp) after he died. It is decreed that it be renewed each year according to law. 13

The Swnt

Year 1, last day of the 4th month of Bht, under this God.

(Note: The swnt was executed on the exact same day as the jmyt-pr.) swnt of the King's Son . . . Sobek-nakhte with . . . Kebsi son of the Vizier Iymeru. The Mayorship of El Kab. That which . . . Sobek-nakhte gave to Kebsi:

Gold: 60 deben consisting of. ...

It was determined that a record (snri) had been brought from the office of the Reporter of the Northern Waret from the Office of the Vizier. 15

(Dated) Year 1 of the reign of the Protector of Egypt L.P.H. (Label) The record {snn) said (was labeled) . . . Sobek-nakhte and . . . Kebsi 16

(It was) brought to the Office of the Herald of the Northern Waret from the Office of the Vizier. Year 1 of the reign of ...

(Text) The Petitioner said "I have come as the legal representative {rwdw)85 of Sobek-nakhte saying 17 T (Sobek-nakhte) gave 60 deben . . . to86 . . . Kebsi (But) he did not return it to me (i.e., repay the sum). I am making a petition against him And I should be restituted.' So I say about it." 18

Note that the duties of a vizier include recording jmyt- pr-documents (see #21). In the Senimose Stele 1. 19 discussed below it is stated that jmyt-pr . . . [jr] jn hB n Sty [m] hrw pn m-bBh jmy-rB njwt TBty, "was made in the hall of the Vi- zier today before the Mayor and Vizier" and in Kahun Papyri (Griffith, pl. XIII, 1. 10) we find a swnt-document . . . jr m hB n tBty m-bBh jmy-rB njwt tBty PN "was made in the hall of the Vizier before the Mayor and Vizier PN."

The Stele Juridique again is paralleled by the Senimose Stele:

St. Jur jr ph tB jmyt-pr wdfjr.tw hft.s Senim . [ ir p] h tB jmyt-pr wdfjr. tw hft. s

St. Jur. m rdj hnn.t.s jn rmt nbt r-nhh Senim. m rdj hnn.tw.s jn rmt nb r-nhh St. Jur. jr jn hB n whm w 'rt mhtt Senim. [jr] jn hB n TBty [m] hrw pn m-bBh TBty

Hnn in legal texts seems to mean "disturb" in the sense

of "modify," see Siutl, 268 and Urk. I. 12/16. 81

Hayes in "The Government of Egypt in the Late Middle

Kingdom," JNES XII: 32-33 notes that at this time the northern Waret could not cover Memphis and the Delta since the

Hyksos were in control of that area. In the 2nd I. P. the northern Waret came to be associated with Thebes, where this document was recorded.

82 The word hp as "law" begins in the late Middle King- dom, here, in Merikare, and Hayes, Late Middle Kingdom Papy- rus, 51-52. As far as I know, there are no O.K. attestations.

For sdB "depart" as a euphemism for "die" see Faulkner

1962: 258 and Urk. I 218/3: hrw sdB.n(j) jm "the day I died."

Again "record" seems better than "copy" here and in

line 16. On rwdw as legal agent see Lacau 1949: 31 and Gar-

diner 1952: 28. Note that the actions of a rwdw are binding, so he is acting as a legal agent similar to a modern attorney.

For m-shdt with the meaning of "transferring to" see Lacau 1949: 32. He quotes the phrase shdt.tn jBt.tn n hrwd.tn "You will transmit your office to your children."




Then it was discussed in the Office of the Northern Waret. It was called to the attention of Kebsi (the defendant) who understood it (ck r-s mjtt) and said as follows:

"It (the sum) has vanished88 from my hand." It (the matter) was interpreted in these terms: 19

(And Kebsi is told)

"Behold you (Kebsi) are the one who will have to attend to the matter (chc.ty.fy jm where jm refers back to the lost property) for the plaintiff 's legal agent against the priest Sobek-nakhte (a different Sobek-nakhte) who is the legal representative for the Mayor of El Kab." This is what he (Kebsi) said:

"I will repay it to him with my office of Mayor of El Kab Which came to me from the possessions of my father the Mayor and Vizier Iy-meru and which came to him from his maternal brother Ay the Younger who died childless.

(The right for Kebsi to transfer the legal rights to the office is now elucidated)

The office was made for (him) by his father the Vizier Ay by means of an jmyt-pr (in) Year 1, the reign of (Sebekhotpe VI of Dyn. 13) It (the settlement) was also given to (lit. called to the attention of) the priest 21

who was the legal representative of the Mayor of El Kab Sobek-nakhte who was pleased with it (the settlement) likewise. They were made to swear an oath concerning it in (the name of?) The Lord L.P.H.89 Guarding that they will never ever reverse themselves about this matter. The oath was (made) in the presence of the Herald Kamose of the Northern Waret on this day 22 At the same moment that it was placed in the Office of the Vizier. How (qj n) the Vizier Ay made an jmyt-pr for his son the ... Ay the Younger 23

In Year 1 of Mer-hetep-Ra. It was made into a record (snri) for the Office of the Vizier* on this day. A judgement (smj) was brought from the Office of the Vizier,

by the Sab Ren-seneb acting in place of the scribe of the Vizier. The statements were repeated and matters were said concerning it in the Office of the Vizier. It was determined that the Mayor and Vizier Ay had made an jmyt-pr consisting of (the office of) the Mayor of El Kab to his son ... Ay the Younger in Year 1, day 19 of the 3rd Month of Peret in the reign of Mer-hetep-Ra. He (Ay?) said concerning the jmyt-pr that he had made:

"Because the progeny of my son ... Ay the Younger was severed (he had no children), my office of Mayor of El Kab will be given to his maternal brother who was born to me by my wife the Princess Rediytenes. One shall bring the Priest . . . Sobek-nakhte who was the legal representative for . . . Sobek-nakhte as well as ... Kebsi in this regard (?) (hr tpjry91) to the Office of the Vizier.

I.e., Kebsi "admitted" the fact (lit. "entered into it likewise"), see Theodorides 1957: 45, n. 53.

88 See Wtb. I 21/16. Theodorides 1957: 45, n. 54 interprets this to mean "spent."

Note the Senimose parallel: "By the life of [the King's Ka] Tuthmosis III."

For qj n plus verb indicating a procedure see the Math- ematical Papyrus, Theodorides 1957: 45.

91 Following Theodorides 1957: 77-78, n. 113; Pirenne

and Stracmans 1953: 33 translate this as "with the aid of these officials."




It is the Office of the Vizier who will execute it according to law. 28 They swore on year 1, day 1 of the 1st Month of Peret.

(This is the day after "last day of the 4th month of Akhet) Final approval92 (by the parties) confirmed by the Eldest of the Hall Ren-seneb."

*Today it would be recorded in the county recorder's office. 18. AHMOSE-NEFERTARI early Dynasty 18 Harari 1959: 139-201

This, like the Stele Juridique and the Nitocris Stele (below), was publicly displayed in Karnak. The stela shows Ahmose and Ahmose-Nefertari facing Amon-ra.

"[Year X] day 7, 4th Month of Akhet of the reign of the Majesty of Ahmosis . . . Made in the presence of [////// officials] of the town (Thebes) and the Temple of Amon (Karnak) In accordance with what was said by the Majesty of the Palace L.P.H. [///] [Let] the Office of 2nd Priest of Amon [be given] to my wife [///] Ahmose-Nefertari 'Let it be done for her (read jr. tj n-s) by means of jmyt-pr from son to son, heir to heir, [without allowing] obstruction to her by anyone ever because the Office [///] [///] List thereof:

Gold: 160, silver: 250, copper: . . . Total: 1010 Shat.

I have given to her a male and female servant, x amount of grain, 5 arouras of land in Lower Egypt as the 1010 shat though her office was (only) 600 shat. She declared the price of the office complete. She said

T am satisfied with the price of the office, let one act accordingly. Without letting anyone ever interfere with it.93

She swore concerning it: 'As long as my Lord lives for me94 While the Great Judges of the City and the Priests of the

Temple of Amon came to her in order to inscribe the office which was given as a possession (hr) of the God's Wife, King's Wife . . . Ahmose-Nefertari who was clothed in the cloth of the price Being 200 pieces of cloth which my Majesty gave (to her), She being an orphan without owning anything. Moreover my majesty Caused a house to be built for her . . .

(She then declares how wonderful the king is) Sealed in the presence of the King himself. The j my t-pr- document was [placed] beside the divine statue of Amon in his festival of Khoiak

in the southern [court?] in the presence of the King himself and in the presence of ... Ahmose-Nefertari. [Something about the King's retinue gathered together] and the council united.

Then the Majesty of this god said: 'I am her protector. Obstruction against her will not ever occur by another king who shall arise In the course of generations, except for Ahmose-Nefertari. It is hers from son to son forever, like her office of God's Wife.

There is no one who will be able to speak (against this) even me. No other speech (dd) will be recognized.'

For this meaning of hnn see Kahun 1.2, 1. 14: ss n njwt tn NNhnn (theswnt) "the scribe of this town NN approved the sale."

This phrase is paralleled in both the St. Jur. and Seni- mose Stelae, see n. 51 above.

94 Ditto.




Note that this ym^^r-document was not recorded in the Vizier's office. Does the king supersede him?

Michel Gitton95 interprets the text differently: as Ahmose-Nefertari renouncing the office in return for payment of a sizable amount of goods as payment to her for the office. The fact that an jmyt- pr was made on her behalf and that the office will be hers "from son to son for ever" discredits this interpretation. It is also interesting to point out that in the next reign she occurs frequently at Kar- nak. Catherine C. Graindorge96 is reassembling and reconstructing the Karnak monuments of Amen- hotep I. There Ahmose-Nefertari appears frequently as "God's Wife, God's Hand, and King's Mother." While she is not called second Priest in any of these texts, her presence is impressive. (Also see my conclusions).

19. STELE OF SENIMOSE Dyn. 18, Thutmosis III CG 34.016 = Urk. IV 1065-107097

A round top stele from the Mortuary Temple of Prince Wadjmose in western Thebes. In the top register Thutmosis III (Menkheperra) offers to a seated Thutmosis I (Aakheperkara) behind whom stands the Prince Wadjmose: this is surmounted by a solar disk.

The text contains a legal dispute over Senimose 's/ra^-jfrr perhaps because Senimose's wife was not native Egyptian.98

Date "Year 21, ... under the reign of Till Label An jmyt-pr [which the tu]tor of the Prince Wadjmose, Senimose [made] on behalf (n) of

his wife [and his children] [A list] of their names: his wife Houdjwer, [his son Sea], his daughter Taery, [his daughter Satamon, . . . ]

Text [I Senimose gave all my property by means of an jmyt-pr?] on behalf of my wife Houdjwer for as long as she lives. without allowing [her to dispose of any of the property except to pay ?] a lector priest. When my wife Houdjwer reaches old age, the [the property shall be divided 'among the] children:

[my son Sea] my daughter Taery my daughter Sitamon my daughter [///] ///

[they will have the property after the lifetime of my] wife and my own life [time] . (There follows discussion of some sort of disagreement) (Someone) intervened and said: Place all the property of Senimose under the charge of99 [Houdjwer?] ///

Decision [May] it be decreed that I be caused to do what my lord first decreed to be implemented. Then the Overseer of the Council [ordered that it be done according to The desire of the gu]ard of the Palace. It was presented to the Vizier Wsir to carry out everything that was decided.100

95 LAI, 102. Catherine C. Graindorge, "Les Monuments d'Ameno-

phis Ier a Karnak." CFEETK in preparation. 97 Theodorides 1970: 148ff.; A. Spalinger 1984: 631-50. 98

Spalinger 1984: 634ff.

The phrase hr rdwy in legal contexts occurs in the Seti I Temple at Kanais (also in relation to an jmyt-pr).

Note Stele Juridique 1. 22: "it was placed in the office (h3) of the Vizier."




By the life of [the Royal Ka] Thutmosis III [and by the life of Amon-ra of Karnjak101 If any of my sons, daughters, brothers, sisters, or relatives comes To contest this jmyt-pr which I made for my four children Do not let them be listened to in any royal office to which they may appeal.102 If this jmyt-pr is delayed103 in its execution, Do not let it ever be interfered with by anyone It was enacted (made)104 by the Office of the Vizier on this day, in the presence of the Vizier. [And a copy of the jmyi]-pr [was made for the] Vizier [on this day],105 by the Scribe Hori, son of the Mayor."

20. PASHED Dyn. 19, Seti I Cerny 1935: pl. 60 #108106

Date Year [X] , 2nd month of [. . .] under the Majesty of the King of Upper and Lower Egypt, Men[ma]ra . . .

Label This day of distributing his property by ... Pashed, He made an jmyt-pr for his children.

Text As for all of his property, it is to be divided among all (his) [ch]ildren: As for my copper tools and woodwork (?) baskets, they go to Amenmose; And as for the shamkhab-vessel and the woodwork shams, they go to Neferemsenet; And as for the festival-portion of the Mistress, it goes (to) Nubemshas; And as for the grain allowance which the woman Isis made for me, (it) is to be reckoned for Makhay-ib; And the two mooring posts are for Hehnekhu; And the mirror, frying pan, and all the greenstone objects are for the woman Isis.

Witnesses Blank

This document is very interesting. It is an ostracon from Deir el Medinah in which the "witness" label is present but left blank and the text is written in the third person. This suggests that we have a first draft! The other interesting thing is that we know a lot about this family thanks to the work of Bier- brier and others. The six people mentioned are Pashed's children, with Amenmose being the eldest son. Conspicuous by her absence is his wife Makhy; is she perhaps deceased?

21. DUTIES OF THE VIZIER Dynasty 18 van den Boorn 1988

"Now it is he who shall fetch the councilors of the (rural) districts. It is he who shall dispatch them so that they may report to him the affairs of the districts. It is to him that every jmyt-pr shall be brought. It is he who shall seal it."

22. DECREE OF SETI I Temple at Kanais Dynasty 19 Golenishchev 1890: 76-77108

Seti I builds a temple and a well in the eastern desert to support a contingent of gold miners. The miners are exempted from any other duties by this text placed on the temple walls. In a string of prohibitory proscriptions to future kings we find:

Note Stele Juridique 1. 21: "They were caused to swear concerning it on the life of the Lord LPH."

1 Note Stele Juridique 1. 9/10: "if any son, daughter, brother, sister, or any relative comes saying: 'the office should come to me.' Do not let them be heard."

The emendation is clear from the Stele Juridique. Read [jr ph] t3 jmyt-pr wdf. Stele Juridique has jr ph tB jmyt-pr wdfjr.tw hft.s m rdj hnn.t.s (sic) jn rmt nb r nhh.

Again from the Stehe Juridique, line 1 1 , restore [jr] and not Sethe's [htm].

Restored from Note Stehe Juridique, line 23. 106 See also Kitchen 1993: 337-38. 107 M. L. Bierbrier, The Late New Kingdom in Egypt (1975),

24-26. 108 See also Miriam Lichtheim (1974); Gunn and Gar-

diner 1917: 241-51; K. Kitchen 1993: 60.




"Specifically: the gold-washing transport contingent that I have set up for the Temple of Menmarra shall be safeguarded and protected . . . ; for all my property is made over by jmyt-pr to them for ever and ever."

Here the jmyt-pr indicates that the transfer was legal and for perpetuity. 23. STATUE OF NAKHTEFMUT109 Karnak Dynasty 22

In a hymnal address to Amon, Nakhtefmut asks Amon-ra to execute (i.e., confirm) an jmy.t-pr which he made on behalf of his daughter

"the jmy. t-pr consisting of everything which I gave her in estates, in town, in country, consisting of servants, cattle, domestic objects, and all things precious, which were conveyed to her on water or on land. . . .

(History of the property) I am the possessor of the property (which came) from my father, my mother, [and the property acquired] by my own abilities (cwy.j). The rest came from favors (hswt) from the king, as my service during my life."

Section 2 Conclusions

1. General Comments

It may seem unusual that these documents are frequently publicly displayed in tombs, mortuary chapels, and in the public courtyards of temples like Karnak. One reason for this is our sample is limited. Those jmyt-pr-documents that were placed in tombs during the Old Kingdom or temples during the New Kingdom would have a better chance of surviving than papyri documents. But the other reason is that there was a good ancient Egyptian reason for the public display. Public display insured that the public, the gods, and/ or pharaoh were aware of the contents and provisions of the transferal of property. This, then, would elicit their support and protection. In addition, it would assure the pub- licity of an extraordinary act like the transfer of a high ranking office (Mayor of El Kab, second Prophet of Amon, etc.).1

2. The Testator and the Entailing of Property

This section will address the question - who could bequeath items and who could receive them?

A. The first question is why write a document if the eldest son automatically inherited the property? The answer to this is only clear if we ignore non-legal (laudatory literary or funerary texts) and just examine actual legal texts or extracts therefrom. In Metjen the property goes from his mother to his children, thus skipping a generation. Nikacankh, the Tomb in the Khaefra Necropolis, Sennuankh, etc., are not legal texts but proscriptions warning descendents not to sell the endowment or to transfer it by jmyt-pr "to anyone, except he must give it to his eldest son." These then are prohibiting the transfer to someone other than the eldest son. The Khenemty jmyt-pr is between a man and his boss. Intef 's son Mery is revoking an jmyt-pr previously made to his wife. Ankhren transferred property to his brother Wah who then writes an jmyt-pr in favor of his wife. Kebsi, in the Stele Juridique, writes

109 See G. Legrain 1914: 22ff.; A. Theodorides 1985: 322- 46. On Nakhetefmut as the great grandson of Shoshenq I see Kitchen 1986: 90-91 and 217.

110 See B. Menu 1971: 156.




an jmyt-pr to his brother; Ahmose to his wife, Senimose to his wife; Pashed to all of his children, and Nakhtefmut to his daughter. Thus in legal documents an jmyt-pr is never written on behalf of a man's eldest son.

In the one example that we have where someone receives property from both father and mother (Metjen) the father simply gives (rdj) the property without legal document while his mother transfers it by means of an jmyt-pr.

It is written to transfer property to someone other than the normal heir; for an jmyt-pr document transfers property to someone other than the eldest son. Thus the laudatory texts are really saying that one's father did not write an jmyt-pr to someone else . The examples from the jmyt-pr documents just cited show that the eldest son rule could be broken. In fact Wah in Kahun I.I (#14) directs that his wife "will give (these Asia- tics) to whomever she wishes of her children."

We also know that the normal practice was to pass the property on to the eldest son. Note "if a man dies leaving lands, gardens, temple income, slaves, and having children, but without having ascribed (written) shares to his children while alive (i.e., died intestate), it is the eldest son who takes possession of the property of his father. (But) if the younger brothers bring suit against their brother saying 'let him give us shares of the estate of our father' the elder brother shall be required to write the list of names of his younger brothers, the children of his father . . . (and divided into shares). The remainder of property of those things which [he possesses] is next allotted into shares according to the num- ber of his children. His sons (then) take shares according to their rank and his daughters take after them according to their rank" (Demotic Legal Code VIII/30-IX/3=Mattha 1975: 39 with G. Hughes, ibid., 115-17), and "No one shall be able to say, 'the property is mine; it was my father's,' except the eldest son. He shall have the right to say, 'The property, it is mine; it was my father's' "

(IX/32-George Hughes in Mattha 1975: 123). Although this has been interpreted as meaning that the eldest son always inherits, note that the same papyrus describes the shares that each child should inherit. Also note that Hughes

rightly pointed out that any son could be designated the "eldest son."

B. The other question is when did the conveyance come into effect? Pestman (1961: 63) thought the document did not go into effect un- til death. But Mery-son-of-Inyotef says "to appoint him immediately," which suggests that this was not the normative state of affairs. That he revokes an earlier jmyt-pr to his first wife suggests that the property had not yet been transferred (since possession has always been 9/10ths of the law) . However, the Stele of Bebi does state that "I handed over my household to my son while I was alive."

The confusion results from a confusion over gift and bequest. The Bebi Stela refers to what we would classify as a "gift." The normal bequest went into effect upon death as seen in the Nikacankh Tomb inscription:

For I have appointed an heir against the day - the latest possible -

When I shall go to the West";

And the Stele Juridique says:

Jrj.n.tw n-fmj ntt r hp m-ht sdj.f It was done for him (Sebekhtep?) according

to the law after he dies (departs). The sample was limited but the evidence suggests that the jmyt-pr took effect upon death or, as is frequently stated in New Kingdom texts, at "old age."

Some texts go to great lengths to point out that the testator was mentally competent when the jmyt-pr was written:

"The [fiel]ds (Sht) will be under the charge of these my children. . . .

He said with his mouth to his children while he was on his feet, alive, under the king. . . .

That which was given: bread and beer by means of an Jmyt-pr" (Nikacankh)

C. As for the entailing of property, that is to limit the passage of property to a specified line of heirs. Kahun I.I is specific:

She will give (the property) to whomever she wishes of her children that she will bear to me. 111 Pestman 1969: 65.




Wah is specifying to whom Shefet can leave the property he is giving her, namely their children in common. This is familiar to us as a pre- nuptial agreement.

And [I Senimose give all my property by means of an jmyt-pr ?]

on behalf of my wife Houdjwer for as long as she lives,

without allowing [her to dispose of any of the property

except to pay ?] a lector priest. When my wife Houdjwer reaches old age, then [the property shall be divided

'among the] children: [my son Sea] my daughter Taery, etc.

In fact this wording can be seen in modern marital bequests! And as in modern law, the testator of an jmyt-pr can change his mind, and he can revoke earlier versions.

There are differences though. An Egyptian could inherit an office and could prevent heirs from selling the inherited property. Today one cannot make such proscriptions "for perpetuity."

3. Women and the Jmyt-pr

What were the rights of women in this document?

First it must be noted that starting from early Dynasty 4, Metjen's mother was able to bequeath property and thus owned property. In addition, the First Intermediate Period inscription of Qedes from Gebelein112 records

"I acquired oxen and goats, graneries, etc. jw jr. n.(j) st m hnw jt. ( j) Jtj jn mwt. ( j) Jbb jrj( t) n. ( j) st

I acquired it (all the above) in the house of my father Ata

But it was my mother Abeb who conveyed it to me."

And a certain Tjenti says: I am her (Bebi, his mother's) eldest son and

heir (Urk. I, 164/2).

Thus women could inherit property (Pepi #8, Mery's mother #14, Wah's wife Shefat, Ahmose- Nefertari #18, etc.). And we know from other documents that they could witness the documents (swnt Kahun 1.2).

4. The Items Transmitted

The items transferred by an jmyt-pr document include the following (non-legal references - like Harkhuef - are not included):

A. The Old Kingdom Items Inscription 50 Arura of land Metjen Office of hm-kB (?) and/

or a (false ?) door Khenmety Bread and beer Nikaankh Children (?) (msw) Pepy

B. The Middle Kingdom House & tomb Samontuwsir House (pr), field (sht),

possessions (jst) Bebi Office of Phylarque,

house, "everything" Mery (Kahun VII. 1) "All property in fields 8c

town," dependents Wah (Kahun I.I) Office of Wab-priest 8c

Master of Phylae Kahun II. 1

C. The New Kingdom Office of Mayor (hjty-J) Stele Juridique Office of 2nd Prophet

of Amun Ahmose-Nefretari All property ( jht nbt) Senmose All property (iht.t nb.(t)) Pashed

i.e., copper X, etc. All my property Seti I at Kanais Everything Nakhtefmut

This list is only suggestive, as it suffers from the ravages of time and a limited sample. There were many, many more jmyt-prs that have not survived. Yet the list is instructive. The name of the document suggests that only the contents ("that which is in the house") could be transferred; but this is not the situation. Besides contents, land, houses, and even jobs could be transferred. As Klaus Baer suggested, an item that can be trans- 112 Fisher 1961: 47.




ferred for perpetuity by an jmyt-pr (with associated Sales Document) and can be bequeathed and inherited is by definition private property. The interesting item in the above list is real property. While it has been a long held truth by Egyptologists that real property - i.e., permanent possessions like land and buildings - was, at least in theory, owned by Pharaoh, we see land and houses being transmitted by jmyt-pr as early as Metjen. And the increasing bureaucratiza- tion of Egypt is seen in the New Kingdom when offices - both religious and secular - are conveyed by jmyt-pr, thus suggesting that jobs were so permanent as to be considered private property.

Although a study of sales documents is out- side the scope of this paper, it is clear that from as early as the Metjen Inscription a distinction was made in property acquired by a sale or by jmyt-pr. This is clear from the parallelism between rdj . . . rjsw . . . m jmyt-pr "to transfer by sale or by jmyt-pr" discussed under #3 above.

4. How the Property was Acquired

As Peter der Manuelian (1986: 15) has pointed out, when a transfer of property occurs "the ven- dor or testator takes care in each case to specify clearly the origin of the property in question, and (hence) his legal right to dispose of it (my emphasis)."

In the Old Kingdom, the normal way property was inherited was from the parent (mother or father) to the eldest son. The Door Architrave of Tjenti says:

I am her (Bebi, his mother's) eldest son and heir,

I am the one who buried her in the necropolis (Urk. I, 164/2-3).

Having established his right to the land of his mother, he then transfers the income to his wife so that she can use that income to make offerings to him in his tomb.

Already in the Metjen inscription, land and a house are bequeathed to Metjen by his mother and father and he acquires land by his own means. In addition, the king was sometimes the grantor:

"As for the invocation offerings which came to me from the palace (pr nyswt)

consisting of grain and clothing . . . and 2 st?t of land belonging to my mother . . . It belongs to my wife . . ." (Tjenti - Urk. I, 163)

Again, legal right to transfer the property must be established. Or:

"As for this land which the king gave to me to honor me /// to make invocation offerings to me in the necropolis . . .

[As for the settlements?] of my estate which the king gave to me to honor me . . . (for invocation offerings)." (Tomb endowment in the Khaefra Cemetery)

The reference here is in a text forbidding the endowment to be disposed of either by sale ( jsw) or by bequeathal (jmyt-pr). Or:

"As for the jmyt.pr . . . my lord made me . . ." (Khenmety) (in this case the grantor is not the king but the recipient's superior).

Other examples of the history of the property include:

"As for these msw which were given to me by my father in an jmy.t-pr" (Pepi - Urk. I, 35/ 11-12)

"My office of mayor of El Kab which came to me as the office of my father . . . which came (previously) as an jmyt-pr to my father from the possession of his maternal brother . . . who died childless." (Stela Juridique)

"I handed over my inheritance to my son while I was alive . . .

I made an jmyt-pr in excess of that which my father made for me." (Bebi - #12 above)

"I give it to my son by means of an jmyt-pr." (Samontuosir)

In actual legal texts the legal right to the property and thus the right to transfer the property is proven by including the previous jmyt-pr which transferred the property to the current testator. For instance in Kahun I.I a copy of the prior jmyt-pr written by Ankh-ren to Wah is included. The prior jmyt-pr transferred the items in question to Wah thus proving that Wah has




the legal right to transfer said property to his wife Shefat.

Thus the testator can dispose of property that he inherited either from his mother or father, that the king gave to him as a htp-dj-nyswt, that he acquired "by his own hand," or that he received by means of an jmyt-pr. This pattern is seen even in the later period (dynasty 22):

"It is my property from my mother and father [as well as the property] I acquired with my two arms; the rest (came) from favors of the king." (Nakhtefmut)

This pattern is also seen in non-legal texts, as in the tomb of Jbj at Deir el Gebrawi:

(describing his tomb endowment)

"I have created it from the villages of my do- main [ njwwt dt. (j)]

from the royal offering given by the majesty of my lord . . .

and that which I acquired with my own hand, beside the property of my father." (Urk. I, 142)

5. Changes in the Jmyt-pr over Time

In her article in the Lexicon, Giidecken (LA III, 141-45) stressed the unchanging nature of the Jmyt-pr over time. Harari, on the other hand, saw a change over time. He felt that in the O.K. an jmyt-pr was used exclusively for the transfer of private property, while in the M.K. it could transfer either private or public property (offices and their assets).113

One thing seems obvious, though our sample of documents is very limited. In the New King- dom the documents are recorded in the Vizier's office (Stele Juridique, Senimose); he is even listed as a witness to the transaction in the Stele Juridique. This confirms the statement that "it is to him (the Vizier) that every jmyt-pr shall be brought (Duties of the Vizier. Section 9). The same model is seen in the Old Kingdom inscription of Nebkauhor. Nebkauhor, a Vizier, says "I made every wdt-mdw and jmyt-pr in every place.

From the Old Kingdom no complete jmyt-pr documents survive. But we do know that legal documents are recorded as a "Royal document" ( cnyswt - Metjen) .

In the Middle Kingdom complete jmyt-pr documents do survive from Kahun. The evidence from Kahun I.I suggests jmyt-pr documents were placed in the Office of the Second Reporter of the South. And in Kahun II. 1 the case involving an jmyt-pr document is heard by the Mayor and the first witness is a scribe (the other two are damaged). This suggests that the Old/New Kingdom procedure may have been temporarily altered. However, one of the Kahun Middle Kingdom 5ftm£-documents is recorded in the Vizier's Of-fice ("Year 29 ... made in the office (ho) of the Vizier, before the Mayor and Vi- zier").114 It is unfortunate that the sample is so limited.

Final Conclusions

What was the function of the jmyt-pr-document? As has always been recognized this document transferred property from one person to another. What it transfers can be the same item as a sftm^-document does. But there is a big dif- ference. The jmyt-pr transferred permanent legal right not only to own the property but also to bequeath the property. Thus we saw examples above115 where an jmyt-pr is combined with a stunt- document. The reason for this is simple. A m^-document alone did not transfer the right to bequeath the property. Thus the jmyt-pr is appended to the swnt-document so the property may be bequeathed "from son to son, heir to heir."

When something is simply "given" without an jmyt-pr the recipient may not in turn dispose of the property. For instance, Wepemnofret116 says:

"Date

Wepemnofret says, I have given to my eldest son Jby a northern

burial chamber and offering chapel."

This text is considered a legal document, for Wepemnofret tells us that he did this "alive and

113 Harari 1959: 179-84; see also van den Boom, op. cit., 181 with nn. 54 and 57.

114 Kahun 1.2 = Kahun pl. XIII/10. While this is not a study of swnt-documents, note that they are usually executed for services (x days service of a slave) or consumables (like cattle), see A. H. Gardiner 1906: 35ff.

Stele Juridique, perhaps, Khenmety #6, Kahun II. 1 #16, and Ahmose-Nefertari #18.

116 S.Hassan 1936: fig. 219.




on his two feet" and the document (wdt-mdw) is witnessed. Here no jmyt-pr is included because Wepemnofret would not want Jby to have the right to transfer the tomb.

While jmyt-pr has been translated as "will," if we restrict our study to legal texts, we find that an jmyt-pr is never written for the eldest son (see #2 The Testator and the Beneficiary above). It is only written when the eldest son is not to receive the property. Thus if an jmyt-pr is not written, the property reverts to the state's designated beneficiary - the eldest son.

Secondly, ancient Egyptian legal documents are very precise in their form. In actual legal documents an jmyt-pr has three witnesses, a swnt five. An jmyt-pr has four important parts:

1. Date 2. Identifying Label 3. Text 4. Witnesses, always three In other words, if you bought property from

me and simply wanted to use it during your lifetime, all we would need would be a sales-document {swnt). But if you wanted to pass it to your heirs, you also needed an jmyt-pr document.

The older translation of jmyt-pr as "will" is based upon the laudatory non-legal inscriptions like Harkhuef where the owner is stressing his positive attributes. In this context it is sometimes said that "my father made an jmyt-pr for me." What someone like Harkhuef is really saying is that his father did not make an jmyt-pr for someone else.

While this study is restricted to the Old to New Kingdoms, it is instructive to point out that

the same two functions - transferal of property to someone other than the eldest son and the transferal of rights of inheritance - survive into the Late Period. In the Adoption Stele of Nito- cris the Office of Divine Vo tress, which had been in the family of the Dynasty 25 pharaohs, is transferred to the family of Psammitichus I, founder of Dynasty 26. Nitocris received an jmyt- pr from Shepenwepe daughter of Taharqa. The jmyt-pr transferred the legal right of inheritance to the new dynasty as well as the sizable amount of property that went along with the office.118 Again the document is written because the office was not being transferred to the eldest son.

I also feel that the Ahmose-Nefertari in-

scription involves a similar circumstance. An

important office at Karnak is transferred to the new line at the beginning of Dynasty 18. As with Nitocris, the Ahmose-Nefertari inscription was erected in the public portion at Karnak so that all would know of the transfer.

In lieu of this what is the best translation for jmyt-pr} In the end, "transfer-document" is still the best.

But we may marvel at how modern these documents are.

Monterey Peninsula College

117Caminos 1964: 71-100; J. Johnson 1995: 12-13. Even Mentuemhat, his wife Wedjarenes, a son and the

first and third Prophets are depicted on the stele as con- tributors to Nitocris. See Caminos 1964: 75 with Table 2, A. Leahy, JEA 82 (1996), 158, and E. Russman 1997: 39

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