Hossein Badamchi | Johns Hopkins University (original) (raw)

Papers by Hossein Badamchi

This research focused on the concept of rebellion as depicted in the Behistun Inscription. To add... more This research focused on the concept of rebellion as depicted in the Behistun Inscription. To address this issue, the study employed a conceptual historical method, analyzing the Old Persian text of the inscription and concentrating on the terms and phrases associated with rebellion. The findings revealed that the Behistun Inscription used specific language to convey the notion of rebellion, highlighting that a comprehensive understanding of certain terms necessitated familiarity with their historical context within Mesopotamian royal traditions, particularly in Neo-Assyria. Notably, the absence of specific terms and introduction of new phrases in the 5 th column of the inscription indicated a shift in Achaemenid political thought regarding the representation of rebellion. Despite these variations, all terms associated with rebellion in the Behistun Inscription shared a fundamental characteristic within Achaemenid political ideology: they fundamentally pertained to the breach of loyalty to the Achaemenid king, which was encapsulated in the concept of "oath-breaking".

Encyclopedia of Ancient History: Asia and Africa, 2023

River Ordeal in Susa legal texts from the first half of the second millenium BCE.

Journal of Family Research, 2023

Family in both Zoroastrianism and Islam is a foundation of social life, thus assigning a position... more Family in both Zoroastrianism and Islam is a foundation of social life, thus assigning a position for the guardianship of the family became necessary; this responsibility was entrusted to the father or the husband and he was the master or guardian of the family. An examination of this issue in Zoroastrianism and Islam revealed many similarities between these two religions. Accordingly, the current study mainly aims to conduct a comparative study of sālārīh (guardianship) in Zoroastrianism and Islam. The research findings analyze the issue of sālārīh (guardianship) in each religion and identifies similarities and differences regarding this issue in these two religions as well.

Journal of Woman in Culture Arts, 2015

In Zoroastrian law there several indications that denote to temporary marriage as a legal instit... more In Zoroastrian law there several indications that denote to temporary marriage as a legal institution and this can be compared to the one in Imami jurisprudence. Sunni and Imami jurists differ on the continued legitimacy of temporary marriage which the latter believes to be continued. Temporary marriage is legitimate in the opinion of Imami jurists and it has certain conditions that need to be observed. In Zoroastrian texts there is no separate chapter discussing this institution but based on the remaining evidence one can infer its existence and attempt a reconstruction. In the first section of this paper, this remaining evidence, direct and indirect, will be discussed and then the main points of comparison with Imami jurisprudence will be studied taking into consideration similarities and differences. The study shows considerable similarity, although the aims and conditions are different on several occasions.

Journal of Woman in Culture Arts, 2016

The formation of marriage which is the foundation of family in both Islam and Zoroastrianism depe... more The formation of marriage which is the foundation of family in both Islam and Zoroastrianism depends on certain requirements or conditions. The comparative study of these requirements or conditions shows certain similarities and differences between the two religions, and examining these issues can shed light on the common tradition and shared heritage between the two. The present essay will first study the conditions of marriage from perspective of Zoroastrianism and then compares that standpoint to the Islamic law. The study shows that there are important differences between the two religions. This research deals with one problem from the perspective of the Zoroastrianism and then examines the same problem from the Islamic point of view. Common characteristics in conditions of marriage (age, consent of the guardian, consent of the girl and boy, and their social equality) and in the marriage contact itself (offer and acceptance, representation, witnesses and bride-wealth) between the two legal systems are noteworthy.

Religious Studies, 2017

Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominat... more Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominations, vol. 4: 8, 105-121 (co-authored with Kolsoum Ghazanfari and Parvin Davari) In Islam and Zoroastrianism certain rules govern the divorce without which it is not valid. An examination of these rules and the legal details involved can shed more light on this important problem. The present study will examine the conditions of divorce and the right to divorce in Islam and Zoroastrianism and the financial obligations that come with the divorce. Our study show that in both religions certain conditions are imposed that make the divorce more difficult. Although there are certain similarities between the two religions, the divorce law in Zoroastrianism went through certain changes as the political situation changed and made the divorce more difficult as a desperate attempt to keep the foundations of Zoroastrian family strong under the rule of Muslims.

Zeitschrift für Altorientalische und Biblische Rechtsgeschichte, 2022

Articles 30 and 31 of the Codex Ur-Namma are preserved on the Ur tablet (two fragments U. 7739 + ... more Articles 30 and 31 of the Codex Ur-Namma are preserved on the Ur tablet (two fragments U. 7739 + U. 7740). It is a fragmentary eight-column tablet (uninscribed after vi 1), the second of perhaps three. A copy was published in Gurney and Kramer 1965, 18; photographs in Finkelstein 1969, 69, 71. The Ur fragments were in the British Museum when Finkelstein (1969, 66) collated them, now they are kept in Iraq Museum in Baghdad (Roth 1997, 249).
Three different interpretations of CU 30-31 have been proposed. The present short essay will reconsider these interpretations and propose a new translation.

Journal of the Economic and Social History of the Orient, 2022

The so-called esip-tabal contract is a particular type of agricultural transaction known from Cod... more The so-called esip-tabal contract is a particular type of agricultural transaction known from Codex Hammurabi and the Akkadian legal texts found in Susa. The Akkadian phrase esip-tabal is a statement made by the owner of the field to the other party, which is commonly understood to be a tenant. Modern scholarship first interpreted this contract as a lease. Later it was considered an antichretic loan, a loan in which the creditor takes over the debtor’s agricultural land as security. However, the place of this contract in the long-term history of law is still unknown and scholars have not made any analogies from other legal cultures. Using the methodology of comparative legal history, and drawing especially on Islamic law, this essay offers a new interpretation of the esip-tabal contract as a sale of future crops. The essay then discusses the rationale behind the contract and its possible continuity into later periods.

Akkadica, 2021

Codex Hammurabi 45-46 deal with the allocation of the risk of accidental destruction of crops in ... more Codex Hammurabi 45-46 deal with the allocation of the risk of accidental destruction of crops in agricultural tenancies. They have been the subject of several studies, the most detailed being Petschow 1984. According to Petschow’s interpretation, the advance payment of rent puts the risk upon the cultivator alone, but without it, the lessor and lessee share the risk equally. This interpretation is not convincing for legal and philological reasons. In order to re-examine the problem, the present paper starts with the current typology of lease contracts in the Old Babylonian period and argues that there were two only major types of agricultural tenancies: lease at a fixed rate and sharecropping. In the light of this dichotomy, the author re-visits CH 45-46, proposing a more convincing interpretation. Using the methodology of comparative legal history, the author studies how different legal systems addressed this legal problem. Finally, the paper examines the legal nature of sharecropping from the perspective of cuneiform archival documents, and suggests a new typology for the agricultural partnerships, partnership in labor, and that of labor and capital (land).
Badamchi, Hossein 2021, Lease of Agricultural Land and Sharecropping: a re-examination of CH 45-46, Akkadica (Assyriological Center Georges Dossin, Belgium) 142, 1: 43-62.

Legal Research, Shahid Beheshti University, Law Faculty , 2016

A major strategy of the Achaemenids to control and exploit land in Babylonia was to allocate land... more A major strategy of the Achaemenids to control and exploit land in Babylonia was to allocate land in return for service. This regime of land tenure is best documented in the late Achaemenid texts in particular those from Nippur. This pattern consisted of smallholdings called bow lands, horse lands, and chariot lands, which intended to support archers, cavalrymen, and chariot crews. The present paper will study a legal document in Akkadian regarding horse-land which can shed light on several aspects of the land tenure system. Contrary to the practice of Old Babylonian period, tenants could employ substitutes to perform the military service. Furthermore, a unique list of the military equipment of the Achaemenid cavalry is persevered in this text.

Legal Research, Shahid Beheshti University, 2020

Co-authored with Parvin Davari. Family is the foundation of social life and the cornerstone of th... more Co-authored with Parvin Davari. Family is the foundation of social life and the cornerstone of the society. After marriage and the formation of family, each member, either parent or child, has certain rights and bears duties as a family member. In Zoroastrianism, following the official marriage, known as pādixšāyīhā zani, family members are subject to a specific set of rights and duties towards each other. This type of marriage is much like permanent marriage in Islam, in which family members are subjected to a specific set of rights and duties towards each other once the marriage is legally formed. Conducting a comparative study, this article surveys the rights and duties of family members from the perspective of both Zoroastrianism and Islam, showing that there are many similarities between these two religions. These similarities might be explained as an example of reception that secures the continuity of legal institutions in different settings.

Zeitschrift für Altorientalische und Biblische Rechtsgeschichte, 2019

The present research examines partnership in Elamite Society in the second millennium BCE through... more The present research examines partnership in Elamite Society in the second millennium BCE through the corpus of Akkadian legal documents found in Susa. The main question of the research is about the formation and typology of the partnership as a legal institution: how did ancient Elamites execute partnership contracts? How were practices of kinship, agriculture, and religion intertwined in the first half of the second millennium? And how might an understanding of these practices contribute to a broader revision of legal history in the region?

Zeitschrift für Assyriologie, 2019

In a recent paper, K. De Graef (2018a) discussed two exceptional seal impressions on tablets from... more In a recent paper, K. De Graef (2018a) discussed two exceptional seal impressions on tablets from late Suk-kalmaḫ Susa and early Kidinuid Haft Tepe. One text carrying the first of the pertinent seals is MDP 23, 321+322, a Susa tablet recording a trial over landed property. Following up De Graef's study, the present communication reexamines the case and argues that the text deals with a single trial, which most likely was a primary court hearing. Certain exceptional features of the text deserve attention, including the institution of brotherhood, a unique citation of law, and an impressive judicial panel.

http://www.asor.org/anetoday, 2019

http://www.asor.org/anetoday/2019/10/The-Care-of-the-Elderly-in-Susa

Journal of Historical Researches, University of Isfahan, 2019

co-authored with Saeideh Sharifi The peace treaty that was concluded between Elam and Assur in 6... more co-authored with Saeideh Sharifi
The peace treaty that was concluded between Elam and Assur in 674 BCE is a unique treaty in the relationship between these two powers in the Neo-Elamite period. Therefore, special attention must be paid to how it was formed and what happened to it. Assyrian documents and archaeological findings indicate that the presence of Iranian people who had entered the plateau before the seventh century and their gradual rise to power, had left its mark on the political and economic situation in Elam. Medes, Cimmerians and Scythians from north and Persians from east threatened the Elamite territory.
The Assyrians also experienced problems with these people on their borders. Under these circumstances, a peace treaty was concluded between Elam and Assyria, who were enemies before that and the treaty remained in force till 664 BCE. In that year Elam violated the treaty by attacking the Assyrian territory. This paper will examine the reasons that prepared the way for a complete violation of the treaty by the Elamites. Causes such as lack of complete adherence to the treaty from both parties, factionalism among the ruling power in Elam, shared economic interest between Elam and southern Mesopotamia, and resentment against the Assyrian control over these regions that put their economic interest in jeopardy, will be investigated to study what prepared the setting for violating the peace treaty.
co-authored with Saeideh Sharifi

Akkadica, 2018

Abstract : The present research examines the care of the elderly in Elamite law in the 2nd millen... more Abstract : The present research examines the care of the elderly in Elamite law in the 2nd millennium BC through the corpus of Akkadian legal documents found in Susa. Nearly 600 legal texts from Susa during the first half of the 2nd millennium BC constitute a unique source for the study of Elamite law and society. The care of the elderly was ordinarily a private matter and had to be provided within the family. The sources are mostly private testaments that lack context, thus an understanding of the inheritance laws of the Ancient Near Eastern societies and comparative legal history is necessary in order to properly contextualize the testaments. It emerges from the study that inheritance is often used to secure the elderly care when parents face ungrateful sons. Daughters could be contracted to do the service in return of getting sometimes the entire inheritance. The couple had to make their own arrangements to make sure that the surviving spouse does not face destitution in old age. In our re-examination of the texts, a completely new aspect of the elderly care will come to light.
Keywords : Susa, law, elderly care, testament, Akkadian

Historical Sciences Studies - University of Tehran, 2018

According to Darius the Great, Cambyses II, after becoming king of Persia but before setting out ... more According to Darius the Great, Cambyses II, after becoming king of Persia but before setting out for Egypt, killed Bardiya and kept this secret. Later, Gaumata, a Magian priest from Media, usurped the crown which was taken back by Darius himself.
More than eighty years ago, Olmstead proposed a famous hypothesis that the narrative Darius the Great recorded on his Bisotun monument is a lie in its portrayal of Cambyses II murdering his brother Bardiya and Gaumata’s usurpation of the power. This hypothesis has been neither fully accepted nor rejected.
The present essay intends to re-examine the contemporary literary and political patterns in the ancient Near Eastern royal inscriptions and to compare these with the Greek narrative to re-evaluate Darius’ claim and his critics. We intend to identify the suggested influence of the Achaemenid propaganda on the Greek narrative and to examine how the conflicts and contradictions in the Greek historical tradition have negatively affected the evaluation of the authenticity of the Bisotun report. Our study indicates that most logical difficulties originate from the Greek narrative rather than the Bisotun itself; furthermore, studying the Greek and Iranian narratives separately, the latter seems more coherent and acceptable. The contradiction between the Iranian and Greek versions, rather than proving the whole story to be unhistorical, indicates that the Greek narrative was not fully the result of Persian propaganda but derived from other independent and fragmentary sources. It also becomes clear that the Bisotun monument must be seen in continuity of the long standing literary patterns of the Mesopotamian (and Elamite) royal inscriptions.

در حالی که بیش از هشتاد سال از چاپ مقالات و کتاب اومستد میگذرد، فرضیة مشهور او که نا بر آن ادعای داریوش در سنگ نبشتة بیستون، مبنی بر قتل بردیا به دست کمبوجیه و غصب پادشاهی از سوی مغی به نام گئومات، دروغ بوده است، نه کاملاً پذیرفته و نه رد شده است. در اینجا تلاش میشود الگوهای ادبی و سیاسی متداول در شرق نزدیک باستان در کتیبهنویسی و مقایسة آن با تاریخ یونانی برای راستیآزمایی ادعاهای داریوش و تردیدهای شکاکان بررسی شود. روش ما در اینجا بازشناسی احتمال تأثیر پروپاگاندای دولت هخامنشی بر تاریخ نگاری یونانی و بررسی تأثیر مثبت یا منفی تناقضات
و گزافه های موجود در تواریخ یونانی بر اعتبار گزارش بیستون است. بر پایة این پژوهش به نظر می رسد ایرادات منطقی ماجرا بیشتر به گزارش های یونانی برمی گردد تا به بیستون در مقام مقایسه نیز، روایت ایرانیِ ماجرا منطقی تر و پذیرفتنی تر به نظر می رسد. تناقض میان منابع یونانی و بیستون به جای آنکه کلیّت داستان را غیرتاریخی بشناساند، دلیلی است بر اینکه روایت های یونانی، نتیجة پروپاگاندای دولتی نبود و یونانیان از منابعی پراکنده و مستقل بهره برده بودند. همچنین روشن گشت که سنگ نبشتة بیستون را باید جلوه ای از سنت ادبی و حماسی در ادامة الگوهای مذهبی ایرانی و سیاسی میانرودانی دانست

Marriage and its Requirements in Islam and Zoroastrianism: a Comparative Study,” Journal of Women... more Marriage and its Requirements in Islam and Zoroastrianism: a Comparative Study,” Journal of Women in Culture and Arts, University of Tehran, vol. 8: 3, 395-410 (co-authored with Kolsoum Ghazanfari and Parvin Davari).

Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominat... more Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominations, vol. 4: 8, 105-121 (co-authored with Kolsoum Ghazanfari and Parvin Davari)
In Islam and Zoroastrianism certain rules govern the divorce without which it is not valid. An examination of these rules and the legal details involved can shed more light on this important problem. The present study will examine the conditions of divorce and the right to divorce in Islam and Zoroastrianism and the financial obligations that come with the divorce. Our study show that in both religions certain conditions are imposed that make the divorce more difficult. Although there are certain similarities between the two religions, the divorce law in Zoroastrianism went through certain changes as the political situation changed and made the divorce more difficult as a desperate attempt to keep the foundations of Zoroastrian family strong under the rule of Muslims.

Encyclopedia of Ancient History: Asia and Africa, 2023

River Ordeal in Susa legal texts from the first half of the second millenium BCE.

Journal of Family Research, 2023

Journal of Woman in Culture Arts, 2015

Journal of Woman in Culture Arts, 2016

Religious Studies, 2017

Zeitschrift für Altorientalische und Biblische Rechtsgeschichte, 2022

Journal of the Economic and Social History of the Orient, 2022

Akkadica, 2021

Legal Research, Shahid Beheshti University, Law Faculty , 2016

Legal Research, Shahid Beheshti University, 2020

Zeitschrift für Altorientalische und Biblische Rechtsgeschichte, 2019

Zeitschrift für Assyriologie, 2019

http://www.asor.org/anetoday, 2019

http://www.asor.org/anetoday/2019/10/The-Care-of-the-Elderly-in-Susa

Journal of Historical Researches, University of Isfahan, 2019

Akkadica, 2018

Historical Sciences Studies - University of Tehran, 2018

Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominat... more Divorce in Zoroastrian and Islamic Law,” Religious Studies, University of Religions and Denominations, vol. 4: 8, 105-121 (co-authored with Kolsoum Ghazanfari and Parvin Davari)
In Islam and Zoroastrianism certain rules govern the divorce without which it is not valid. An examination of these rules and the legal details involved can shed more light on this important problem. The present study will examine the conditions of divorce and the right to divorce in Islam and Zoroastrianism and the financial obligations that come with the divorce. Our study show that in both religions certain conditions are imposed that make the divorce more difficult. Although there are certain similarities between the two religions, the divorce law in Zoroastrianism went through certain changes as the political situation changed and made the divorce more difficult as a desperate attempt to keep the foundations of Zoroastrian family strong under the rule of Muslims.

Badamchi, Hossein (ed.) 2003, The Origins of Legislation, A History of Ancient Mesopotamian law, ... more Badamchi, Hossein (ed.) 2003, The Origins of Legislation, A History of Ancient Mesopotamian law, Tehran: Tarhe no (= New Design).
This book offers a translation of early Mesopotamian law collection and studies how modern scholars have interpreted the nature of the cuneiform law collections.
Seminal essays by Jean Bottéro, Guillaume Cardascia, Sophie Démare-Lafont, Wilhelm Eilers, Martha T. Roth, Raymond Westbrook, and Reuven Yaron were introduced and fully translated into Persian.

Badamchi, Hossein and Ali H. Nadjafi Abrandabadi (editors and translators) 2003, A History of Anc... more Badamchi, Hossein and Ali H. Nadjafi Abrandabadi (editors and translators) 2003, A History of Ancient Mesopotamian Criminal Law‬, Tehran: SAMT.
This is a collection of articles edited and translated from English and French into Persian.

An authorized Persian translation of Strayer, Joseph R. 2005, On the Medieval Origins of the Mo... more An authorized Persian translation of
Strayer, Joseph R. 2005, On the Medieval Origins of the Modern
State, with forewords by Charles Tilly & William Chester Jordan,
Princeton: Princeton University Press (first published in 1970).
Joseph R. Strayer (1904–1987) was Professor of History at Princeton University.

This book received a Princeton University translations grant:
Sharmin and Bijan Mossavar-Rahmani Center for Iran and Persian Gulf Studies, April 1, 2016.

Tehran 2015. This is an authorized Persian translation of Brian Tierney's Religion, Law, and the ... more Tehran 2015. This is an authorized Persian translation of Brian Tierney's Religion, Law, and the Growth of Constitutional Thought, 1150-1650, first published in 1982. Prof. Tierney kindly wrote a preface for the Persian version. I have uploaded the original version of Tierney's preface here.

Badamchi, Hossein 2014, Legal History: Theory and Method, Law and History 3, Tehran: Negahe Moas... more Badamchi, Hossein 2014, Legal History: Theory and Method, Law and History 3, Tehran: Negahe Moaser.
This is a collection of essays on cuneiform law collection and their place within the history of law. Articles by Raymond Westbrook were translated and discussed.

Badamchi, Hossein 2013, The Laws of Hammurabi: Introduction and Translation, Law and History 2, T... more Badamchi, Hossein 2013, The Laws of Hammurabi: Introduction and Translation, Law and History 2, Tehran: Negahe Moaser (reprint 2017).

Badamchi, Hossein 2013, Cyrus Cylinder, Introduction, Edition, and Translation, Law and History 1... more Badamchi, Hossein 2013, Cyrus Cylinder, Introduction, Edition, and Translation, Law and History 1, Tehran: Negahe Moaser

Second seminar on Elamite culture Johannes Gutenberg University of Mainz April 2019

Elam and its Neighbors Recent Research and New Perspectives. Proceedings of the International Con... more Elam and its Neighbors
Recent Research and New Perspectives.
Proceedings of the International Congress Held at Johannes Gutenberg University Mainz, September 21-23, 2016

The Second Biennial Conference on Ancient Iranian Culture and Languages, The University of Tehran, 2019

زناشویی با خویشانِ درجه‌یک در ایران باستان که به غلط ازدواج با محارم خوانده می‌شود، از بحث‌های چا... more زناشویی با خویشانِ درجه‌یک در ایران باستان که به غلط ازدواج با محارم خوانده می‌شود، از بحث‌های چالش برانگیز ایرانشناسی معاصر بوده است. بیشتر پژوهشگران غربی آن‌را امری بسیار مسلم و قطعی دانسته و به شکلی نه‌چندان عمیق در آثار خود به آن اشاره کرده‌اند. آنان در سراسر تاریخ ایران از عصر ایلامی تا دوره اسلامی هرکجا روایت یا داستانی با این مضمون یا نزدیک به آن یافته‌‌اند بدون درنگ پذیرفته و حتی بنابر پیشفرض خود، الگوهایی پیش‌ساخته از ازدواج‌ شکل داده و به تاریخ ایران تحمیل کرده‌اند. از سوی دیگر برخی پژوهشگران پارسی(هند) و ایرانی تلاشی نافرجام کرده‌اند تا این ماجرا را یکسره انکار و رد کنند و با نگاهی توطئه‌اندیشانه این بحث را اتهامی به کلی دروغ بدانند. ما در اینجا برآنیم تا بدون پیش‌فرض از جزء به کل برسیم و با پژوهشی چندبعدی با رویکردِ تاریخی، اسطوره‌ای، دینی و علمی به موضوع بنگریم. براساس این پژوهش به نظر می‌رسد که بسیاری از مواردِ ذکر شده به عنوانِ این رسم، ناشی از سوتفاهم بوده است. با اینحال برخی موارد احتمالا درست‌اند. ولی امکان رواج این رسم در میان مردم به دلایل علمی وجود ندارد و شواهد تاریخی نیز آن را اثبات نمی‌کند. هرچند حضوری پررنگ در ذهن و اندیشه اساطیری ایرانیان باستان داشته باشد.

2017, November 1. Law in Multicultural Society: Akkadian Legal Texts from Susa in Comparative Pe... more 2017, November 1.
Law in Multicultural Society: Akkadian Legal Texts from Susa in Comparative Perspective.
Lecture at Johann Wolfgang Goethe-Universität Frankfurt am Main
Host: Prof. Guido Pfeifer

2019, July 13-20, Lecture at the Orientalist Commission of the Polish Academy of Sciences, Kraków... more 2019, July 13-20, Lecture at the Orientalist Commission of the Polish Academy of Sciences, Kraków, Poland, on Cuneiform Law.
Host: Prof. Tomasz Polański

2018, March 19-22. Lecture at the Orientalist Commission of the Polish Academy of Sciences, Krakó... more 2018, March 19-22. Lecture at the Orientalist Commission of the Polish Academy of Sciences, Kraków, Poland, on Cuneiform Law

Host: Prof. Tomasz Polański

2018, January 18, Lecture: Shared legal traditions in the Ancient Near East at Georg-August-Univ... more 2018, January 18, Lecture: Shared legal traditions in the Ancient Near East
at Georg-August-Universität Göttingen Seminar für Altorientalistik
Host: Prof. Dr. Annette Zgoll

2017, January, Emory & Henry College https://www.ehc.edu/ Hosts: Prof. Edward H. Davis & Pro... more 2017, January, Emory & Henry College
https://www.ehc.edu/
Hosts:
Prof. Edward H. Davis &
Prof. Matthew Shannon