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Legal Interactions in the Archive of Babatha

The article discusses two documents from the archive of the Jewish woman Babatha: P. Yadin 21 and 22, dated to 130 CE. They are interrelated contracts, referring to the fruits from date orchards which were in Babatha’s possession, but were to be harvested by Simon. So far, most studies have sought to prove that these contracts were based on Jewish law and hence specific to this region. This article attempts to understand them from a Roman perspective. In the categories of Roman law, what is at issue is an emptio rei speratae. The fact that no money is involved is remarkable in the light of debates between Sabinian and Proculian jurists which were still not resolved in the time of Gaius. P. Yadin 21 and 22 are evidence for the practical application of the Sabinian doctrine. Clearly, the scribe who wrote the documents attempted to phrase a common business transaction in the terms of Roman law, to make it actionable before a Roman court.