Allam, Foundations in Pharaonic Egypt The Oldest-Known Private Endowments in History

Foundations in Pharaonic Egypt: The Oldest-Known Private Endowments in History Author(s): Schafik Allam Source: Die Welt des
Orients, Bd. 37 (2007), pp. 8-30 Published by: Vandenhoeck & Ruprecht (GmbH & Co. KG) Stable URL: http://www.jstor.org/stable/25684085 . Accessed: 16/04/2014 09:48
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Foundations
The Oldest-Known
inPharaonic
Egypt*)
inHistory
Private Endowments
By Schq/ik Allam, Tubingen
About modern foundations Over the past half century many foundations / endowments have been created in different countries, so many that we can hardly have an over view thereof. According to some statistics the number of recently raised foundations has doubled or even tripled in some countries. In Great Brit ain alone there exist today more than 250,000 foundations / endowments. This is a world record indeed, which can be explained historically. It be
gan at the outset of the 17thcentury, when in year 1601 Queen Elisabeth Ist issued her decree concerning charities "Elisabethan Statute of Charitable Uses", so that at the middle of the 19th century British foundations / en dowments reached some 30,000 in number. As far as the USA is concerned, the landscape was visibly influenced by the charities tradition which came over with British immigrants. Already towards the end of the 17th century American charity foundations and charitable corporations came into existence. However, due to the rapid evolution in the USA where State and Church grew side by side indepen dently, new forms of foundations were generated which were not reli giously motivated. Such secular foundations took over many responsibil ities in society, fulfilling a public task or solving one of the pressing pro blems where the government could not help instantly. In Boston, for exam ple, a non-profit trustwas founded in 1790 to encourage the education of young married handworkers. In the following times and under the chan modern patterns of foundations ging circumstances in the New World were introduced, so-called philanthropic foundations1). In 1867 "Peabody Education Fund" was raised inNew York to promote the public education
of from a lecture given at the Columbia *) The present essay originated University "Ancient the symposium 1999 within New York on 23rd October Egypt / Modern Professional So and Change" Egypt Continuity (organized by the Egyptian American and the Middle East Institute of the Business Association, ciety, the Egyptian American Columbia University). ]) The word philanthropic (referring involvement for the public benefit. Die Welt des Orients 37/2007 S.8-30, ISSN 0043-2547 ? Vandenhoeck & Ruprecht GmbH to the love of humanity) denotes here personal
& Co. KG, Gottingen 2008
Foundations
in Pharaonic
Egypt
groes" and the "Baron Hirsh Fund for Jews". The general tendency in that evolution is readily discernible: foundations erected by private persons can foster particular interests for the public benefit and welfare. In the last decades a dynamic spread of foundations is attested in the USA. Today the number of non-profit foundations is around 40,000 with an immensely growing capital. Most likely itwill increase more and ra pidly, since in the next 50 years it is estimated that some 10,000 billion dol lars will change hands through inheritance, and a good part of this opu lence may well be channelled into newly created foundations with possibly new objectives, which we cannot foresee today3). This said, it is not my intent, however, to give a survey of American foundations in particular. I wanted only to demonstrate in the first place how the underlying idea was transmitted to one society, where it could de - in the sense that it can be velop independently adapted to the changing in circumstances society, so that new types came into being. Like inmany to serve charitable goals other societies, foundations began in the USA Later modern (with religious background). however, philanthropic foun dations followed, with new (worldly) objectives. The conception started, as elsewhere, by helping the poor and the needy, the sick and the aged. In the course of time fresh thoughts arose, as rich individuals came up with innovative intentions regarding the aims of their foundations. The public welfare began thus to be of overriding importance. One of the objectives of modern foundations is, for instance, to invest in people - young, healthy, and particularly intelligent - that is the elite who later during their profes sional career, by creating and introducing innovations in their fields, would shape in a way or another the future society.
system; itwas the first independent grant-making capital foundation2). Twenty years later (in 1887) Leland Stanford created a whole university and made an endowment to support it financially. Besides education, foundations can have many other objectives. One is, for example, to com bat racial prejudices: mention can be made of the "Salter Fund for Ne
2) whereby a capital is given by a private person to establish a non-profit civil society, which has to act permanently for public benefits by way of giving grants to individuals or institutions. 3) In my "Stiftungswesen Hochschulverbandes tungen gestalten presentation in den drawn upon two articles. First, K. Neuhoff & Lehre des Deutschen Forschung Mitteilungen no. 6 (1996): 297-301. "Stif Second, K.-J. Maass (Bonn/Germany) = AvH von Humboldt die Zukunft", Alexander Stiftung Mitteilungen essentially USA", no. 71 (August 1998): for his most instructive details 25-32. I have
Magazin (Bonn/Germany) Neuhoff/Witten-Herdecke communicating
some pertinent
I am grateful to Dr. Klaus letter (dated 16th November 1999) on the early history of foundations in the USA.
Allam 10 Schafik
Islamic Foundations
(waqf) inEgypt
Now, I have to switch to the Old World and concentrate on foundations in Egypt. A related topic, which first comes tomind, is of course the Isla mic organization called waqf (plural: awqaf). This word which literally means "hindrance/prohibition" became the technical term for religious and charitable foundations. In the practice it is a property which is held and preserved exclusively for charity and the like, on the understanding of preventing any other use thereof outside the beneficial purpose. The term reveals thus the perpetual aspect of waqf, so that the property in question is tied up for ever (therefore qualified as "dead hand"). Hence the defini tion applies to non-perishable property, out of which benefits can be ex tracted without consuming the property itself. Therefore waqf is widely coupled with landed property, although there occurred also waqf ofmova bles (cattle, books, slaves, etc.)4). Early Muslim jurists (fuqaha') argued that the waqf was first introduced by the Prophet; the practice of the idea was then upheld by his companion and second successor Omar (634-644). But all what is narrated in this re spect cannot be taken for granted, as it can hardly be verified; and it is un wise to build up too much on it. In fact, all what is told cannot be dissimi lar from acts of benevolence, without legal implications. The Qur^an on
the other hand does not mention the idea of the waqf and any definition thereof iswanting. Moreover, it appears unlikely that the waqf in any legal form had ever been known in the pre-islamic Arab society5). Furthermore, early jurists (e.g. Al-ShafTi: 767-820) disagreed with each other in their theories about the waqf - to the extent that contradictions arose with refer ence to significant features. Under these conditions it is safe to postulate that the origin of the waqf conception must be sought somewhere else. As a matter of fact, religious and charitable endowments (so-called piae causae for churches, monasteries, hospitals, old age homes, orphanages, and so forth)were present throughout the Byzantine World (Coptic Egypt inclusive) long before the rise of Islam, so that the possibility can by no means be excluded that the Islamic waqf, with legal implications, was the natural outgrowth of a previously established institution. As the new reli would rather appear thatwith the gion extremely favoured any charities, it expansion of Islam the old charitable institution revived in the countries
Modern Islamic World vol. 4 (1995), 5. v.Waqf; of the 4) Cf. The Oxford Encyclopedia E. Sachau, Muhammedanisches Recht, p. 605-19. des 5) For a review relative to the origin of Islamic waqf, A. Sekaly "Le Probleme 101-126. A recent discus (Paris) 3 (1929): wakfs en Egypte", Revue des etudes islamiques "Islamic Foundations sion, S. Allam (waqf) mic Law and Society (Leiden, forthcoming). in Egypt (back into Pharaonic Times)", Isla
Foundations
in Pharaonic
Egypt
11
which the Arabs conquered. No doubt the newly transformed society de manded the very instrument in order to satisfy the increasing needs which were particularly induced by the new religion. Returning now to Egypt, the fact remains that the Islamic waqf became widespread after good parts of the population had converted to the new faith. Our authority for historical information on the topic is the Egyptian Al (1364-1442). This historian reports of arable lands being put aside Maqrizi as waqf for the Holy Places (Mecca and Medineh) already in the 10thcen tury.He says further that when the Fatimids took over Egypt, they were opposed to the whole system.We are told namely that Khalif Al-Mufizz
decreed in 974 that all waqf properties be put under governmental author however, the waqf went almost wreck and ity. Soon under Al-Hakem, - a state ruin, so thatmany mosques could hardly live on their allowances which in year 1014 necessitated the intervention of the government in or der tomaintain themosques. For the following period - under theMamluks (1250-1517) Al-Maqrizi was classified in different categories. The first (called reports that waqf aHbas) comprised in 1339 large estates (130,000 feddan) for the upkeep of mosques. The second (called awqaf hukumiyah) was for the Holy Places and other charitable purposes. The third category included waqf ahli (pi. awqaf ahliyah) which were raised by private people; this category ismost significant for our analysis, since we are particularly interested as far as - in foundations erected Pharaonic Egypt is concerned by individuals. We are informed further that some of the income from private foundations had to go to the Holy Places, and to all kinds of charities as well. More over, there existed posterity / family waqf {waqf zurri) by which many founders wanted their children and descendants be first granted certain revenues, so that only the surplus, ifany, should be allotted to the poor6). The immutable nature of the waqf maintained its stability over the cen turies. Yet, in the long run there came about some deficiencies concerning work and financing. This became ob its management and the control of its vious with the decline of the country; misadministration and corruption crept in everywhere and became also a chronic disease of waqf properties. In the end, common dissatisfaction called for rigid governmental interfer Ali (1805 ence, which in modern times started as early as Muhammed a in of the cultivated land way, survey 1849). By Egypt (from 1812-1813) shows that the waqf represented some 600,000 feddan (252,050 ha) out of a total of 2.5 million feddan (1.050,208 million ha); in 1927 itwas still one eighth of the total arable land7). At the basis of this disproportion of the to
existed inmany European societies as well. 6) This sort of foundations was prevalent in other countries too, e. g. in North Africa, Tur 7) Such disproportion In Austria, for instance, three eighths of the total landed property key and in Europe. held by the Church (monasteries inclusive); H. Liermann, Handbuch des Stiftungs
were
12 Schafik Allam tal cultivated area was no doubt the perpetual nature of waqf. Certainly this state of affairs ensued from the accumulation of land properties which remained waqf for ever8). In Islamic history, philanthropic waqf {khayri) played an important role as well. As a matter of fact, education in general has been the second lar gest recipient of waqf revenues; this helped create a learned class not de rived from the rich and ruling classes. The University of Al-Azhar inCairo is an instructive example; itwas founded in 972 and was financed by waqf Ali took control over its revenues, until the government of Muhammed waqf properties in 18129). At the start of this brief survey I dared to argue that an Arabic origin of waqf finds no support whatsoever in reliable historical documents. And it is a hard fact that religious trusts and charitable endowments were familiar to the rich throughout the Byzantine World long before the Arabs ap peared on the scene. In Coptic Egypt too there survived foundations of dif ferent kinds as elsewhere (to support financially churches, monasteries, hospitals, etc.)10) so that the Islamic waqf would appear as the normal con tinuation of an age-long institution11). Besides, for still earlier times - pre the relevant documentation cisely during theGreek and Roman periods as in of the Greco-Roman World, discloses societies many that, plainly too to used raise endowments for pious and religious wealthy Egyptians the conception underlying the Islamic waqf purposes12). Definitely then, did not represent any novelty for the Egyptian at the outset of Islamic
as rechts vol. 1 (Geschichte des Stiftungsrechts), the property qualified p. 172. In France, main morte was estimated roughly at two thirds of the total surface (in the 17th century); loc.cit. p. 103. Sekaly, A History of Islamic Law, p. 199. 8) Cf. N. J. Coulson, Ali put into effect his reform having been stimulated by 9) Very probably Muhammed of charitable countries which started on the secularisation foundations European existing on their territories. About before and after the French Revolution that time many States began to take into own hands the responsibilities for the welfare of the population, sector. Cf. in place of foundations who were developing much activities in that particular Liermann, chtsgeschichte" 10) In many developments der Piae Causae R. Schulze op.cit., p. 172-229; in Stiftungsrecht inEuropa, "Zu Stand ed. K. Hopt foundations und Aufgaben der Stiftungs-Re and D. Reuter, p. 63-4. or paralleled similar anticipated
respects, Coptic religious in the contemporary H.-R. Hagemann, Die Stellung Byzantine Empire; Private Re nach justinianischem Rechte, p. 28-32 + p. 53; J. Ph. Thomas, in the Byzantine Empire, p. 97. ligious Foundations in Egypt from the "Private Religious Foundations n) Cf. Thomas, op.cit. p. 59-110 (of the fifth through The Law the eighth centuries)"; Enzyklopadie des Is
of Graeco-Roman Egypt in the Light of the Papyri (332 "Sur les foundations dans l'Egypte greco-romaine", RIDA 3 (1956): 145-72. For a survey of the attested foundations throughout the Greco ein Beitrag Roman World, B. Laum, Stiftungen in der griechischen und romischen Antike zur antiken Kulturgeschichte + vols. (2 Urkunden). Darstellung CI. Preaux
of the Papyri lam vol. 4, s. v. Waqf. 12) R. Taubenschlag, BC 640 AD), p. 64-5. Evidence
Foundations
in Pharaonic
Egypt
13
times. In this connection, however, we cannot understate the influence of Islam. It certainly insured a considerable increase in the number of waqf settlements - undoubtedly stimulated by the new belief, which urges the believer to engage in the promotion of his society's welfare.
Private Foundations
inPharaonic
Egypt
We have now to go deeper in history and call our attention to the Phar aonic period. Innumerable texts report specifically that many kings be stowed lavish donations upon temples and furnished them with profuse bounties. In addition, there were prestigious services formany pharaohs, constituted for their needs in the hereafter, and for which abundant re sources were eventually dedicated. Such deeds and benefactions were most likely arranged in settlements and were supervised by some State in stitutions. But, our present interest goes for settlements set up by private persons. Many records attest indeed to the fact that foundations / endow ments were established as early as the middle of the 3rdmillennium BC. Owing to the limited space allowed for the present paper, however, I shall confine my demonstration to only a few of our explicit testimonies, which
illustrate the significant criteria of private foundations in Pharaonic Egypt. Before doing this, it seems opportune to touch slightly upon the spiritual background, fromwhich the emergence of foundations apparently derived any historical investigation puts beyond any impulse. Fundamentally, doubt the fact that foundations in theAncient World sprang up out of reli
gious concerns.
Ifwe visit, for instance, the tombs at Gizah or Saqqarah we immediately get the impression that a prominent motif in the decorations is the bringing of offerings for the deceased. It goes without saying that Egyptians were sustenance in the other world, since they as concerned about their always - this to the a to have death life much like the upon earthly existence pired effect that the dead could occasionally be thought of to be alive in some transcendental way. In this respect Egyptians resorted tomagic and ritual, in hopes of securing sustenance for themselves in the after-world. Never theless, they also depended upon, and stuck to, the actual delivery of food and drink at their tombs and in front of their statues. It was of course the duty of the family to provide offerings for the de parted. The Egyptian had a strong sense of this commitment and trusted in the pious loyalty of his descendants. There must have occurred cases, how - and ever, where this piety considerably diminished eventually the in tended services ceased. Not surprisingly, then, such painful experience gave rise to doubts in the individual whether he would be properly looked after in the next world. Gradually it became common to make arrange ments already during one's own lifetime for providing sustenance after
14 Schaflk Allam death, enlisting the service of individual relatives, family retainers, and even outsiders. Other than the desire for sustenance, theremust have been furthermotivations: immortalizing one's name, reputation, prestige, etc. Over and above such perspectives, the sensitivity of the individual to pro cure blessings of his gods must have played a fundamental role. Briefly, in order to ensure that relatives, retainers or outsiders shall meet to these people fields or durable re his needs, the individual bequeathed to them him sources, obligating present mortuary offerings, celebrate cer tain services, and maintain his tomb. Should these persons for some reason fail to fulfil their obligations, others were to replace them, for the sake of discharging the same duties and receiving in return the enrichments in question. With these services thus kept from generation to generation, the individual endower was secure for good. Naturally, not everyone could af was mostly a luxury confined to the ford such an expensive undertaking; it high society. In this way the foundation, as a juridical mechanism, was brought into being. As the religious and ethical injunctions to care for the dead began to lose their impetus, a legal obligation was designed in their place. Imean here "foundation" in the broadest sense, inwhich an organization created by human intent has, as its appointed objective, the fulfilment of a certain goal. Three are the main characteristics of such an organization: first of all, lucrative assets as financial support, which the endower cedes from his property; secondly, the definition of a particular objective which should - that is be attained with regularity and in permanence; thirdly, a lasting to say renewable - association of persons who shall be responsible for car rying out the founder's aims. It should be borne inmind that upon their emergence foundations, leg ally speaking, were generally not to become any independent (autono mous, self-governing) entities. The available documentation does not at test, for instance, to a chapel erected by a generous benefactor who also supported the institution financially with an endowment to enable it in carrying on its intended function so that in the future it could rely not only on its own revenues, but also administer its own affairs without tutelage from outside. What a potential founder could do in those remote times was highly limited: he would have recourse to an existing corporation / institu tion (a temple, for example) that would receive the endowment assets on condition of executing regularly and permanently the wishes of the foun der13). From the historical viewpoint14), such settlements might be defined
in Byzantine times, there came up independent corporations (e.g. monas could freely settle their own affairs, without tutelage from outside. For a und Kloster der Kirchen "Die Rechtsstellung overview, A. Steinwenter 19 (1930): 44 (1958): 1-50; 1-34; Idem "Aus dem kirchlichen Private cf. J.Ph. Thomas, Religious Vermogens Foun
13) Later, teries) which fundamental nach
den Papyri", ZSS-KA rechte der Papyri", ZSS-KA
Foundations
in Pharaonic
Egypt
15
as trusts or as fiduciary / dependent foundations15). Yet, we equally dis cern an innovation that came about in the constitution of rich foundations especially. These, though still relying on the priesthood in performing the services required for the deceased, could become independent, in that the foundation became somehow a legal entity: in such an institution an ap pointed agent had the responsibility to exercise an overall control, admin istering all the affairs, spiritual and financial, of the foundation in ques tion. A good example thereof is set up by the organization which was cre in his town Assiut {vide infra). ated by the nomarch Djefa-Hapi We get a good idea of the expenditure which was devoted to such con cerns from the tomb of a vizier called Mereruka. It is one of the largest and grandest tombs at Saqqarah, dating roughly from the end of the 24th cen tury BC. It comprises no less than 32 rooms artistically decorated. There are mentioned, amongst other things, some 47 employees (ofMereruka's estate) with various ranks, all identified by their names; many of them must have been in some way connected with the tomb services to be per formed for their master. But, in this tomb no text has come down to us
hinting at its respective foundation. In order to obtain ample information, our resort is to turn first to a se pulchre (comprising, as it did, two rock-cut structures) less grandly con structed, yet well furnished with several statues in addition to many en - some 25 km at the north of the graved records. It is situated at Tehneh itcan be dated back to the end of the fifth dynasty present town El-Minia; - one Ni-ankh-ka (towards the end of the 25th century BC). Its owner was the high priest of the local goddess Hathor. This man lefton the walls of his sepulchre a wealth of inscriptions - eternalizing the deeds by which he raised a religious foundation16).
dations in theByzantine Empire, p. 59-110 "Private Religious in Egypt from Foundations of the Papyri (of the fifth through the eighth centuries)". nos "Le Concept de fondation du droit romain classique 14) Cf. R. Feenstra jusqu'a RID A 3 (1956): 245. theorie et pratique", jours the Evidence "Vom Stiftungswesen der Alten Agypter", Das Altertum (Berlin) 20, 15) Cf. S. Allam I was influenced by the current opinion 140ff. In that article, however, (1974): regarding two definitions: hm-k! and dt. As to dt (and consequently pr-dt), it cannot be taken any as given in Wb V, p. 510; J.J. Perepelkin, longer for "Stiftung / foundation" Privateigen
tum in der Vorstellung der Agypter des Alten Reichs und ubersetzt von R. (herausgegeben " Nor can hm-kl signify / funerary priest" as sug Muller-Wollermann). Totenpriester in the (worldly) estate / household of a gested in Wb III, p.90. It is an agent / employee noble patron; upon his patron's death he may be engaged in the mortuary services; S. Al lam "Le hm-kl etait-il exclusivement 36 (1985): 1-15. pretre funeraire?", RdE des Alten Reichs, texts, K. Sethe, Urkunden 16) For the hieroglyphic p. 24-32 + p. 161-3; E. Edel, Hieroglyphische p. 38-66. For translations Inschriften des Alten Reiches, and commentaries J. Pirenne and M. Stracmas "Le Testament (with further references), a l'epoque chungen de l'Ancien zur Hausurkunde RIDA Empire Egyptien", - Ein des Alten Reiches 1 (1954): Beitrag 63-8; T. Mrsich, zum altagyptischen Untersu Stiftungs
Allam 16 Schafik set up an association of 13 persons (with no menclature, comprising wife, children and two other persons). All, being on the one hand provided for, have on the other hand to serve regularly the cult of the goddess, everyone supplying in general an annual service this, however, in connection with specified services during one month for all the dead of the family towhich Ni-ankh-ka belonged17). Moreover, Ni-ankh-ka put all themembers of his family association (as well as all the called hm.w-kl - of his estate / household) under personnel / employees the guardianship of his eldest son, who ultimately shall be responsible for the execution of his father's will; in other words, this son shall represent the authority over thewhole arrangement18). Apart from that, Ni-ankh-ka provided primarily two fields: precisely two aruras (1 arura = 2756,5 m2) which had been previously donated by - and later ac King Mycerinos for the temple as a donation / foundation in some way. In this context Ni-ankh-ka crued to Ni-ankh-ka stipulated that each member of the association shall have an equal part of the usu fruct (= the right to enjoy the use and advantages of the property, i.e. the revenues of the fields) on condition that no harm or waste be done to the We learn that Ni-ankh-ka property in question, which should be kept up intact at all times. As to the durability of the association, Ni-ankh-ka settled it in a remark able way. Every member of the association can be succeeded by only one in respecting this provision, no fragmenta from among his descendants; tion of the patrimony should occur in the future. Be noted too that all the deeds concerning the foundation were uttered by Ni-ankh-ka in person "from his mouth, when he was still alive and on his feet", as the text un mistakenly reveals. The text stresses further that the whole organization "had gone to the beautiful shall come into effect only after Ni-ankh-ka west" (i.e. had passed away)19). By these provisions, an individual set aside landed property of his, for the fulfilment of a certain objective upon his death - just as he personally
48;
Die recht, p. 70-85; H. Goedicke, cf. J. Pirenne "La Fondation (1955): 25-6.
privaten Rechtsinschriften en droit egyptien sous
aus dem Alten Reich, p. 131 RID A 2 l'Ancien Empire",
services (pr.t-hrw) were required for all the members 17) The fact that comprehensive ser In following periods of the family deserves there were particular special attention. It would destined only for individual persons. ap vices, to be performed by foundations, pear, then, that such an evolution was due to the emergence of individualism in place of un family solidarity. of the foundation 18) Itmight be of some interest to note that many characteristics - two in Greek later foundations der discussion find millennia (which parallels
ap cf.W. Kamps "Les Origines de la fonda peared not earlier than the fourth century BC); Archives d'Histoire du Droit oriental (Bruxelles) tion cultuelle dans la Grece Ancienne",
1 (1937): 150-79.
19)We
are dealing,
then, with Ni-ankh-ka's
last will.
Foundations
in Pharaonic
Egypt
17
desired. We notice also that his foundation was attached to, and depen dent on, the local temple. This ensured the foundation, at least theoreti cally, a kind of perpetual existence without suffering decay. is preserved in a The second document to come under examination grand rock-cut tomb (44 m long, and possessing seven rooms) in the vici nity of themiddle Egyptian town Assiut. The tomb belonged to one chief priest and nomarch (governor of the province) Djefa-hapi by name in of who lived approximately the second half the 20th century BC. On the walls of the tomb we have, amongst other things, a unique inscription (of 65 lines)20): not a strict record, but abridged copies of 10 agreements which Djefa-hapi concluded, when he was alive, with various parties apart from an arrangement with an agent appointed as administrator for thewhole organization21). Two agreements (nos. 9 + 10) were arranged with the inspectors of the desert / cemetery, where the tomb is situated. Two others were drawn up with the priesthood of the god Anubis (no. 7 with the chief priest, no. 8 with the priesthood). Still five others were negotiated with the clergy of the (nos. 1+2 + 4 with the priests, no. 6 with the chief priest, god Wepwawet no. 5 with the wardrobe-keeper probably of the same temple). The last agreement (no. 3) was agreed upon by 10 persons (including Djefa-hapi himself) acting in their capacity as the governing board (qnbt) of the tem On the whole, we are viewing an inscription with a ple of Wepwawet.
"Les tom 20) F. LI. Griffith, The Inscriptions of Siut and Der-Rifeh, pi. 6-8; P. Montet beaux de Siout et de Deir-Rifeh", 3 (1930-35): Kemi 54-73. The hieroglyphic texts are in K. Sethe, Agyptische Lesestiicke, p. 92-6. For the study of the texts, partly reproduced G. Reisner of Siut", JEA 5 (1918): 79-98; A. Theodor "The Tomb of Hepzefa, Nomarch "Les contrats de Djefaihapy", Mediter 18 (1971): 109-251; D. Devauchelle, ides, RIDA ranees - Revue de Tassociation Mediterranees S. Allam 159-75; (Paris) no. 6/7 (1996): Fondation de Djefa-Hapi" Tantiquite Idem "Persona cultes dans Actes in B. Anagnostou-Canas de la table ronde materi (editor) L'organisation tenue a Paris 14-15 mars 2003
"La
elle des
Altertum (forthcoming). For an analysis bearing on eco "A Redistributive Pattern at Assi aspects regarding redistribution, A. Spalinger 105 (1985): 7-20. In his study ut", Journal of theAmerican Oriental Society (New Haven) some anomalies D. Devauchelle as regards its finds out that the inscription represents from the legal viewpoint to the bulk of in comparison composition strictly speaking different contracts which have come down to us in the original form. This outlook makes nomic the inscription difficult for him to use as a tool for reconstructing historical facts; there I will explain fore, he is taking the whole as literary fictions. In the following discussion some points which can easily lead tomisunderstandings. of the way the word htm.t is to be understood the 10 21) Regardless {vide infra n.30), are formulated as bilaterally two parties: Djefa concluded each between agreements and the other party is expressing remunerations, hapi is soliciting services and promising satisfaction (1986): 68-9. on account of it. Cf. I. Harari, in: Discussions in Egyptology (Oxford) 5
(forthcoming); et alii (editors) telmeerRaumes
Rechtsgeschichte und "Europa"im
im Stiftungswesen in H. Barta Zeit" ficta pharaonischer und Interkulturalitdt Zum Verhaltnis des ostlichen Mit
Allam 18 Schafik memorial value, yet full of unusual insights, describing the services to be performed and the remunerations to be given in return delineating furthermore the obligations and the advantages of an appointed agent in position of responsibility, as we shall see later on. Thus, the inscription presents a profusion of information; it sheds special light on the operations of a private foundation set up by an affluent nobleman of the 20th century
BC.
It is interesting tomention the services to be obtained by way of these agreements and the compensations to be given in return. Both services and compensations are of wide variety. There were daily offerings (of bread and beer) to be presented to the statue of the deceased; probably theywere symbolic and of scant importance. Regarding the other services, as defined by the agreements, in their chronological order, some of them were to take in the temple ofWepwawet; others on cer place on days of "appearance" tain days throughout the year, especially on days of religious importance and whenever a specified festival is celebrated or a procession of the god goes from the temple to the cemetery, and so forth. It is noticeable likewise that the important services were to be performed at great festivals and by themost eminent body of priests in province. On those occasions, some ceremonies were to be performed in the tem ple, certain offerings were to be presented upon the altar, besides others (of bread and cakes, meat and beer, etc.) to be granted for the deceased in carnated in his statue. During the glorification his statue was to be carried in processions to the temples and to the cemetery as often as required by the stipulated services. In addition, certain illuminations (by means of wicks and torches) were foreseen for the glorification of the departed. In short, there was a yearly cycle of mortuary ceremonies to be celebrated for the deceased and his statue. It is clear thatDjefa-hapi provided, by virtue of his arrangements, for a complete annual round of ceremonies and offer ings, which upon his death were due to the prestige of a governor of his standing22). The various remunerations which Djefa-hapi offered, in order to obtain the advantages he specified, open up a number of intriguing questions. To begin with, we have to note that the first party in each agreement was Dje fa-hapi himself, while the other party was in no case an individually named person, but always the incumbent of an office. This implies that the official in function shall be binding the future successor in the office to the perpetual services, giving him in return the right to the corresponding rev enues23). This goes with exceptional clearness from the arrangement no. 6
of the yearly cycle of mortuary ceremonies, G. Reisner 22) For a reconstruction JEA 5 (1918): 88-90; cf. Allam "La Fondation de Djefa-Hapi", Tomb of Hepzefa", supra n. 20. 23) The intention of Djefa-hapi is unambiguously expressed in some "The vide
arrangements
Foundations
in Pharaonic
Egypt
19
made by Djefa-hapi (as a private person) apparently with himself as the itwas witnessed - in incumbent chief priest; to all outward appearances point of fact approved of by the governing body (qnbt) of the concerned temple24). Obviously, this was a satisfactory solution to the problem rela tive to the succession within the personnel, who everlastingly had to per form the services and ceremonies as required by the founder25). Looking at the material compensations which Djefa-hapi offered to the priests and to the other personnel engaged by virtue of the agreements, we glean that he ceded to them not private landed property26) outright at least all kinds of rights bearing on some emoluments coming from his es tate, i.e. various in-kind revenues (barley, bread, beer, coal, etc.). Mention may be made also of some peculiarities of the resources set aside in support of the foundation. One is the conveyance of disburse ments in barley from the first-fruitsof the harvest of Djefa-hapi's estate; theywere to go to two different temples in certain proportions. In the pre sent case (nos. 2 + 8) Djefa-hapi tells that he was the firstto cause his pea sants to give it; this means that he himself arranged the matter with the peasants beforehand27).
his partner(s) the following (nos. 5 + 9+10) addressing ... shall pass to every future (official) because days / fields forme
formula:
these temple "See, he is the one who shall offer
Orientis graeci Inscriptiones selectae vol. 1, 1903, no. 179); CI. Preaux, Dittenberger, RIDA 3 (1956): 165. A high official of province stipulates, for himself and his subordi in office nates, to pay yearly a quantity of corn to a temple; he enjoins that his successors
"A propos du sixieme contrat du arrangement, A. Theodorides 24) For this particular et d'Histoire et Annuaire de I'Institut de PhUologie Orientates gouverneur Hapidjefa", 20 (1973): 439-66; S. Allam im Stiftungswesen Slaves (Bruxelles) "PersonaJlcta pharao und Interkulturalitat nischer Zeit" inH. Barta et alii (editors) Rechtsgeschichte Zum Ver " haltnis des ostlichen MittelmeerRaumes und "Europa imAltertum (forthcoming). 25) This state of affairs is substantiated by a Greek inscription from year 95 BC (W.
to do the same. For a similar text dating from the end of the Ptolemaic shall be obligated aus der Zeit des Augustus", W. Schubart 47 ZAS period, "Stiftung fiir einen Tempel 157-60. (1910):
to us today, but must have been is rather unintelligible 26) The size of land in question the agreements. the statement was ex perfectly clear to the parties concluding Possibly version thereof in the pre plicit in the original contracts; we have got only an abridged sent inscription. are sus (JEA 5, 1918: 94-7) thought that some of Djefa-hapi's 27) G. Reisner dealings al pect as to their legality, since they hint at a flagrant misuse of his position "amounting most to a megalomania" of the greatest man in province. Reisner argued further that the consciousness of the illegality on the part of Djefa-hapi could be enhanced by his own re marks or exhortations
to future nomarchs, addressed saying, "See, you know that as for a or a which commoner nobleman (even) anything gives to a temple out of the first-fruits to him, nor does any nomarch of his harvest, the revocation of it is not pleasant in his time diminish their time" / reverse the agreement of another nomarch (made) with the priests of (no. 2; cf. no. 8). But we have to bear in mind that tomb inscriptions are, by
Allam 20 Schafik We are told moreover (in nos. 3 + 5 + 6) that Djefa-hapi conveyed, amongst other things, some rewards (termed temple-days) equivalent to the revenues of 27 days yearly accruing to the temple of the god Wepwa wet28). In so doing, he repeatedly affirms that these rewards are to come from his own estate, formerly his father's - thus leaving no room formis understanding the source thereof. It is interesting to further note how such rewards have to be estimated in the future: the revenues of the temple are to be calculated for the whole year; they are to be pooled, then divided into 360 parts which correspond to the number of the days in one year (with exclusion of the five intercalary days). Seemingly this pooling was to the general advantage of all persons concerned; it made easy the exchange of the revenues of any number of temple-days, without taking into account the variable character of the amounts entering the temple from one day to another. Such minute concerns help us assess how a careful and conscien tious founder was meticulously bothered about the operative effectiveness
of his foundation. in the foregoing re Against the background which has been developed our third becomes view, quite transparent. It is engraved on a inscription stela (a large rectangular block of limestone) whose provenance seems to be the distant Upper Egyptian town Hermonthis (near Thebes)29); in all as as to date far its back the the 11th goes dynasty (possibly probability, one owner of half of the is second 21st Its BC). century Nebhepetre: reign by Djefa-hapi; Intef who mentions among his honours several titles similar to those held like him he was also a chief priest (probably of the local
obtain
the conclusion we might have been Djefa-hapi's dealings, telligence at present. However can safely reach is that this man did not shrink from any efforts in consolidating the fi nancial base of his foundation. revenues) to handle itwas still customary (with corresponding temple-days 28) In later periods out in favour of someone the services in question. W. Spiegelberg, carrying von Liturgie-Tagen", 49 (1911): 37-9. G. Botti, V Archivio demotico ZAS "Verpachtung
their very nature, quite laconic; they do not expose every point, which scholars desire to in them elude our in that many details consequence today, with the unfortunate
da Deir-el-Medineh Catalogue Hawara)
(Societd L'Economie
delMuseo Egizio di Torino) Testo, passim. E. A. Reymond, (Catalogo vol. 1 (Embalmers' Archives from ofDemotic Papyri in theAshmolean Museum p. 123 n. 11. Greek (for hemerai leiturgikai) are in Papiri greci e latini examples Italiana per la ricerca dei Papiri greci e latini inEgitto) 9 (1929): 25 ff; CI. Preaux,
royale des Lagides, p.489-90. in: Sitzungsberichte der Konig "Eine neue Inschrift aus Hermonthis" Lange 29) H.O. E. lichen Preussischen Akademie der Wissenschaften (Berlin) no. 38 (1914) p. 991-1004; and Annals Peet "A Mortuary Contract of the XIth Egyptian Dynasty", of Archaeology
Textes de 7 (1914-16): 81-8 + pi. 15; J.J. Clere and J.Vandier, Anthropology (Liverpool) et de laXFme dynasie, p. 47; cf. U. Luft "Illahun-Studien la premiere periode intermediate et orientalem spectantia Studia ad historiam antiquam classicam (Buda III", Oikumene in "Persona im 5 S. Allam Zeit" 124-5; (1986): ficta pest) Stiftungswesen pharaonischer und Interkulturalitat Zum Verhaltnis des ostli H. Barta et alii (editors) Rechtsgeschichte chenMittelmeerRaumes und "Europa"im Altertum (forthcoming).
Foundations
in Pharaonic
Egypt
21
temple). In that countryside, then, we can reasonably figure out an afflu ent personality like Djefa-hapi of Assiut. The inscription consists of three parts. The first recounts the titles, vir tues and wealth of Intef, while the second part contains in an exhaustive form the conventional prayer htp di nsw.t bearing on offerings to the de parted. As to the third portion, which is of major relevance to our subject, it briefly records two agreements30): each arranged by Intef with a sepa rate person - for the performance of offerings and ceremonies in his favour after death. Albeit minor lacunae in the inscription and other difficulties of lexico graphy, it is certain that the two persons, with whom Intef contracted, are individualized by their proper names and functions: the first is one agent titled hm-kl (accordingly, a trustworthy employee in Intef s household / estate), the other is a lector-priest (hri-hb) both are in no way related to Intef s family, as itgoes from their parentage. By the first agreement, Intef arranged with his agent the daily service of pouring out water and other li bations as well as offering bread and cakes to his statue; on account of the second, the lector-priest was engaged for the service to be performed at In tef s tomb as well as for the appropriate liturgy to be read at monthly and half-monthly festivals. These services have to be held so that Intef s "name (rri) may be graceful and endure for ever", his "memory (sht) may per vade", and in order that his "chapel may be dignified" likewise. By way of remuneration (donatio sub modo), Intef conveyed 20 packages (?) of cloth to his agent and 10 others to the lector-priest, in addition to a man servant and a maid servant (bfk / blk.t \slave) to each; he ceded to themmoreover certain advantages and privileges connected with irrigation and cultivable land31). Through the two settlements which do not go into details, having been largely curtailed on the stela, thus avoiding all the complexity of Djefa - we readily perceive that the stipulated services are hapi's inscription mainly the presentation of daily offerings as well as the performance of ceremonies and recitations at specific festivals; it is apparent too that these services were negotiated with view tomaintaining them in perpetuity. Yet, it is conspicuous that the mortuary ceremonies were thought of, not only for providing food and drink to the departed embodied in his statue, but explicitly also to commemorate him and ennoble his name for posterity. The point to posit now in our investigation is that of the longevity of foundations. For any private foundation, safeguarding itspermanence was
the word htm recurs twice in the inscription (11. 7 + 9), I do not put any 30) Though weight on its possible meaning (given in Wb III, p. 352) as "contract", but on the circum stances which without any doubt indicate bilateral agreements; vide supra n.21. 31) We cannot tell whether or not by cutting a channel secure water for the irrigation (Peet, loc.cit. p. 87). through Intef s field in order to
Allam 22 Schafik certainly a vital issue. At first sight, one might plausibly presume that trusts / endowments created by individuals would have little chance of persisting upon the founder's death for any considerable period. Of course the Egyptian was aware of this apparent weakness and he sought to protect his undertaking against a possible neglect of his intent. He did so, as we have seen, in a practical fashion: simply by enlisting the priesthood of his god and by attaching the trust / foundation in some way to a given temple. - insofar as it shall never fall The temple being a permanent institution a any foun clergy being renewed as need be completely into decay, with as at in to least it should be everlasting dation affiliated well, theory. Thus, themortuary and memorial services were secured once and for all through incorporation into the priestly regular service, whose constancy was guaranteed as a matter of course. Indeed, the first of the three inscrip - that of Ni-ankh-ka tions above-discussed testify that the founder to the the services entrusted temple through the priesthood; thoughtfully as regards the foundation of Djefa-hapi, in themain to thisman appealed the priests of two local temples. Yet, many founders must have been con
scious too of inherent shortcomings, as far as the control of the foundation in general is concerned. In order to provide a remedy, the founder set his foundation under the control of someone, inwhom he absolutely put trust. It remains to determine now how he solved the problem of such control. In the foundation first-outlined - that of Ni-ankh-ka - thewhole, having been arranged, was delegated to the eldest son as the guardian of the un - that of Intef - we find no kins dertaking. Yet, in the third foundation men no to in Intef s nuclear family; each is sepa man, but two way related an on account of settlement with the founder. As individual rately engaged in the second place to the foundation of Djefa-hapi examined closely we detect none of his family members either. In fact, this man preferred one agent / employee {hm-kf), most probably from his estate / household, whom he appointed as trustee. It is he who shall supervise the manage ment of the foundation and the performance of the mortuary ceremonies. In exercising such a tight control, this agent shall be assuring the continu ance of the whole organization; and in consideration of his work, he shall enjoy the right of certain material privileges32). The position of this administrator and supervisor cannot be better por addressed to him (lines trayed than by the discourse which Djefa-hapi 269-272):
"See, all these matters, supervision. a man who I have settled (htm) with these priests, are under your which = in the instance as trustee) of (hm-kt See, it is the &a-servant "employee" causes his affairs and his offerings to endure. See, I have let you know these
in principle of Islamic that the supervision family waqf was 32) It is noteworthy the founder himself instituted the first supervisor settled in a similar manner. Usually (nazer) whom he entrusted with the administration.
Foundations
in Pharaonic
Egypt
23
things which I have (settled to be) given to these priests in return for those things which lest any matter of them be revoked. All matters con they (have to) give for me. Guard to be) given to them, you may cause cerning these things of mine, which I have (allowed your son and heir to hear / follow them, he who will act forme as &<z-servant ("employ ee" in the quality of trustee). See, I have provided you with land, with people (serfs), with cattle, with gardens, and with everything, like any nobleman of Assiut, in order that over all my af you may handle my affairs with a willing heart and may have command af fairs, which I have laid under your hands. See, they are before you in writing. These as my ^-servant fairs shall belong to your one son whom you wish to act (in your place) as trustee) from among your children, as 'consumer (of the resources) with ("employee" out doing on his part any damage'33) (to the property as a whole) (and) without permit to this instruction which I have con ting that he divide it among his children, according fided to you".
The picture I have attempted to reproduce in outline, gives hopefully an idea about the complex organization and operation of private endowments in Pharaonic Egypt. It ismanifest too that, as time went on, the Egyptian continued to improve on the structure he conceived for a well functioning entity. In essence, itwas the legal framework which in the course of time became more elaborate and thusmore effective. At the centre of the frame work was obviously the bilaterally negotiated arrangement - with the per sonnel (responsible for the performance) and the administrator alike. All this brings to light the fact that the Egyptian definitely chose the le gal device in preference to relying upon morals and religious values in so ciety. This state of affairs is quite discernable upon considering the endow ment of Intef. There we realize - provided that in the inscription nothing of importance is leftout - that the endower did not appeal to an institution whatsoever (e.g. the local temple), nor did he set up an association of his family / household to serve his purpose (like that of Ni-ankh-ka). Instead,
he
should be binding on all partners34). There is yet an open question. What would happen ifunforeseen obsta cles come up and frustrate the function of the foundation in a way or an other? Thence, a vulnerable position for thewhole undertaking can be sur mised: for instance, in case some party does not live up to his obligations or abandon the organization all together - or stillworse, if the trustee turns out to be dishonest in his management, so that the intended services have cease. to was If that the could one finally go to law and case, eventually seek redress? In this respect, our documentation is virtually silent. And it
33) That is a current Egyptian expression, evidently as a definition for the usufructury to another); K. Sethe (= one who has the right to use and enjoy profits / fruits belonging aus dem Alten Reich", ZAS "Ein Prozessurteil 61 (1926): 77-8. 34) In harmony structure of Greek Griechische p. 167). with our observation endowments is the outcome of an analysis devoted to the legal (attested since the fourth century BC); A. Mannzmann, Studie zu Inhalt und Rechtsform, p. 159-68 (especially
put
entire
confidence
in the
bilaterally
ratified
arrangements,
which
Stiftungsurkunden
24 SchafikAllam rather appear that itwas impermissible to bring before arbitrators (functioning as law-courts) any litigation connected with endowments35). Even the conception that the departed might act - as a forceful spirit was as in the practice non-existent, the rele against potential transgressors vant inscriptions do not unfold any threat-formulae (curses) strictly pro nounced by the founder. In the course of time, the Egyptian must have become aware of such im perfection. We see him namely seeking a remedy, by introducing one prag matic innovation. We learn through texts, which occur with sufficient fre would
quency from the New Kingdom (1550-1070 BC) onwards36), that inmany cases the king was above all invoked as beneficiary / intermediary in a gi ven foundation. This evolution is particularly illuminated by way of an in formative inscription which, in perfect condition, covers all the sides of a statue. It belongs to a high dignitary, one Amenhotep who was royal scribe and chief steward; the statue was presumably placed in a sanctuary which IIIrd (1388-1350 BC) newly set up for the god Ptah at King Amenophis instituted a regu Memphis37). Thereby we are informed that His Majesty lar priesthood in the sanctuary and endowed itwith fields and cattle as well as a numerous labour force, and the whole institution was subject to
the control by royal stewards. Apart from this royal foundation, our dignitary Amenhotep announces the creation of a private endowment of his own. In his earlier career this man had been promoted by Pharaoh to be chief steward; he then "became wealthy in serfs38), cattle and possessions of all kinds without a limit". Ap thus acquired he set aside "by written parently, out of the possessions deed" a considerable area of fields (430 aruras = 118.52 ha) together with its serfs and stock on behalf of a statue of Pharaoh erected in the said sanc tuary.Yet, this endowment, it seems, was not solely inspired by motives of gratitude and reverence towards Pharaoh. We learn namely that Pharaoh - the founder for his part instructed that the chief steward Amenhotep
of the third millennium BC) re inscription (from the middle 35) In one fragmentary that litigations the founder seems to have prohibited ferring to a private endowment, des Alten Reichs, arising inside his institution be brought outside. K. Sethe, Urkunden "Textes des Private Rechtsinschriften, p. 44-67; M. Stracmans, p. 11-15; H. Goedicke, actes de fondation de l'Ancien of the Aspects Temples inWestern Thebes, p. 142-55. In F. Petrie et alii, Tarkhan I and "The Inscription of Amenhotep". 37) A. Gardiner der 18. Dynastie, Urkunden p. 1793-801; V, p. 33-6 + pi. 79-80; W. Helck, Memphis der 18. Dynastie p. 259-63; M. Ullmann, Idem, Urkunden Konig fur die (Ubersetzung) 36) Cf. B.J. Haring, Divine New Kingdom Royal Memorial von Jahren, p. 125-40. derMillionen Ewigkeit: Die Hauser "Une classe ouvriere: les merit", 38) For a recent study of this social stratum, S. Allam rurale dans VAntiquite egyptienne et proche-orientale, in B. Menu (editor) La Dependance p. 123-55. 2 (1955): 31-35. RIDA Empire", and Economic Administrative Households
Foundations
in Pharaonic
Egypt
25
be granted the benefit of certain daily offerings (coming directly from those offerings to be laid first before the royal statue, after these same of ferings have been set still earlier before the image of the god Ptah in the We have in this instance a quite intricate plot. In earlier years Pharaoh had rewarded the chief steward Amenhotep with fields and accessories. Later, thisman raised a pious foundation with the ultimate aim of institut ing oblations for the statues of Ptah and Pharaoh. Thereupon, Pharaoh de creed that out from the offerings to be presented to the divine statues a dai likewise. In point of fact ly service should be performed for Amenhotep such arrangements were positively conceivable; theymight well have been based on the reality that statues cannot actually consume any offerings. Whence it reasonably follows that the very offerings may serve for the per formance of several consecutive ceremonial sacrifices. On the spiritual side, offerings that had served the god and Pharaoh were undoubtedly thought to be highly sanctified, so that the founder gratefully wished to
sanctuary).
have part in them. The piety and loyalty of the chief steward Amenhotep towards his king may have truly played a decisive part in connecting his endowment with services for the god and his royal master. The historian, however, may dimly realize that the endower was far-sighted; we recognize namely in the incorporation of Pharaoh an additional means of security for the survi val of the endowment of an individual39). Having placed the endowment under the charge, as itwere, of Pharaoh and the priesthood, the endower was thus assured that both State and Temple, so to speak, would guarantee the persistence of his undertaking for a long time to come. It seems then that the chief steward was at first feeling somewhat insecure about his pri mary arrangements they might be overturned in the long run; he felt therefore the necessity to obtain greater security by appealing to his all ar To he had have little confidence that the appearances might king40).
to issue an order that the revenue, he had put aside, be in no case diverted to any other goal than the one already fixed by him. To my mind, the creation of the en in question so much on the approval dowment did not depend of the emperors. In im the endower was tacitly aspiring at obtaining more protection for ploring the emperors, his endowment; such protection could best be conferred by an instruction issued by the and Caracalla if the emperors were to confirm a private endowment, emperors. Evidently, they would do so only in response to the endower's petition. in Rome the cult of the emperor was introduced into many foundations 40) Similarly erected by private individuals for safeguarding the cult of the founder presumably his cult was then to be connected with the cult of the living emperor. (upon his death);
from the 18. dynasty, W. Helck, ZAS (that of Senenmut) 39) For a similar endowment 85 (1960): 23-34; cf. B.J. Haring, Divine Households, in this con p. 143-5. Noteworthy nection is a Greek papyrus from Oxyrhynchus cf. CI. (P. Oxy. 705 dating from 202 AD); 3 (1956): 171. One endower begs the Roman Emperors Severus Preaux, RIDA Septimius
Allam 26 Schafik rangements he had set could be maintained permanently. For he pro nounces, at the end of his discourse, a familiar formula of blessing whom soever observes his wishes and fulminating against whomsoever would transgress them; at the same time he is pleading that upon his departure his virtues in lifemerited proper recognition.
Retrospection In the foregoing demonstration I hope to have made clear enough how - came into foundations - in the technical sense being inAncient Egypt. Absolutely, the evidence for the determination of the nature and extent of times can by no means be dis private foundations during Pharaonic trusted, although the documentation does not suggest the existence of an institution sui generis - legally defined, and expressed by a specific term41).And itwould be a moot point whether Egyptians have developed their institution empirically or have made a conscious effort to advance keenly its legal framework, arguing that jurisprudence at such early period cannot have been that developed. It should be stressed, however, that law in the abstract was inAntiquity not necessarily at the base of daily life un dertakings. In many cases it is evident that the emergence of purely legal
forms derived its impetus from the reality of actual practice; strictly legal forms often came up following realities recurring every day, whenever an urgent need called for deciding the standing of certain matters. In my discussion I have equally laid emphasis on the historical fact that foundations arose in many other societies too, where they can be found flourishing even today. In retrospect, however, we have to take into con civiliza sideration the Ancient Near East with all its contemporaneous tions. There, outside Egypt, we observe likewise that foundations were
also known, but only those erected by rulers and kings. Evidently, then, the foundation as an institution created by a private person within a legal - and framework seems to have evolved in Pharaonic Egypt alone this, to the best of my knowledge, for the first time in history. Here, in Egypt, came forth its mechanism which attained in the course of time a significant
In reflecting upon the history of foundations, ithas repeatedly been ob served that concepts which evolved in one society can have impact on an other society. Considering ancient Greek and Roman societies, for exam ple, it has been noticed thatGreek foundations emerged with the rise of
Cf. E. vol. 4 (Milano the interpretation of dt / pr-dt which erroneously vide supra n. 15. cal terms denoting "foundation", for Deceased "Foundations Bruck, Scritti in onore di Contardo Ferrini in Roman Law, and Political Religion 1949) p. 41-2. used to be taken for techni
development.
Thought", 41) For
Foundations
in Pharaonic
Egypt
27
"foundation" either. On these grounds it has judiciously been suggested by E. Bruck thatGreek foundations might have provided a model for the Roman ones; the underlying concept was probably introduced into the Roman society, without law and jurisprudence taking heed of such a "vul gar" institution42). Similarly, in a comparative study the same author has discerned that the institution called Seelteil (quota from a heritage in favour of the Church for the well-being of a donor's soul) became widespread inmany parts of since end the of the into the 12th 14th This Europe century. quota, however, had been earlier enacted throughout the Byzantine World (including Cop tic Egypt) for many centuries. Owing to intrinsic pieces of evidence, E. Bruck has come accordingly to the conclusion that the very institution ori ginally sprang up in the Orient and was exported later to the Occident43). Furthermore, upon studying the foundations attested in the Occident (of the fourth through the fifth centuries) ithas been noticed that the underly ing legal concept for charitable institutions (e.g. nosocomium: hospital) long ago elaborated in theOrient and reflected in the constitutions of Justi nian - was not yet operative in the Occident. It was only by the last years of the sixth century that the very concept began to appear, having been borrowed from the Orient, as reveal many indications 44). It emerges finally from the foregoing survey that the institution underly ing the terms "foundation / endowment / trust" has a very long history; individuals created and still create it for all kind of purposes. During the centuries this institution carried on while growing and flourishing, devel oping various facets and different objectives; it also spread out from one society to another until it became a universal institution in the modern world. Its history, however, traces its origin back inevitably to Pharaonic Egypt where we can, with confidence, find its deepest roots. In Egypt, although its religious purposes remained more or less the same throughout the Pharaonic period, its legal framework continued to receive further ela
des fondations 42) E. Bruck "Les Facteurs moteurs de l'origine et du developpement et romaines", RIDA 2 (1955): 159-66. grecques und soziales Erbrecht - Wanderungen 43) E. Bruck, Kirchenvdter religidser Ideen durch die Rechte der ostlichen und westlichen Welt, 1956. For a relevant Coptic testament, ibid. 121 n. 5; W. Till, Erbrechtliche Untersuchungen 169 auf Grund der koptischen Urkunden, 77. **) J. Gaudemet, 275-86. "Les Fondations en Occident au Bas-Empire", RIDA 2 (1955):
the Hellenistic World - presumably through cultural transfer in Egypt and that Roman ones appeared some 400 years still later. The belated ap pearance of Roman foundations arouses, then, some suspicion about their originality. All the more so, since jurisprudence in Rome did not busy it self with that institution in particular; nor can Roman legislation have there is no technical term in Latin denoting prompted its emanation;
Allam 28 Schafik boration, so that itbecame somehow a juridical (artificial) person capable tomanage its own administration - likemany later highly developed foun
dations.
Abbreviations
JEA = Kemi RdE The Journal of Egyptian Archaeology (London). = Kemi. Revue de et d'Archeologie Egyptiennes Philologie
et Copies (Paris). = Revue (Paris). d'Egyptologie = Revue Internationale RIDA des Droits de TAntiquite 3e serie (Brussels). der Agyptischen ed. Hermann Wb = Worterbuch Erman, Adolf and Grapow, Sprache,
(Leipzig 1926-31). ZAS = Zeitschrift fiirAgyptische Sprache undAltertumskunde (Berlin/Leipzig).

ZSS-KA = Zeitschrift der Savigny-Stiftungfiir Rechtsgeschichte Kanonistische Abteilung (Weimar).
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Foundations in Pharaonic Egypt: The Oldest-Known Private Endowments in History Author(s): Schafik Allam Source: Die Welt des

By Schq/ik Allam, Tubingen

& Co. KG, Gottingen 2008

Magazin (Bonn/Germany) Neuhoff/Witten-Herdecke communicating

13) Later, teries) which fundamental nach

den Papyri", ZSS-KA rechte der Papyri", ZSS-KA

privaten Rechtsinschriften en droit egyptien sous

aus dem Alten Reich, p. 131 RID A 2 l'Ancien Empire",

then, with Ni-ankh-ka's

(forthcoming); et alii (editors) telmeerRaumes

Rechtsgeschichte und "Europa"im

these temple "See, he is the one who shall offer

da Deir-el-Medineh Catalogue Hawara)

Thought", 41) For

(Leipzig 1926-31). ZAS = Zeitschrift fiirAgyptische Sprache undAltertumskunde (Berlin/Leipzig).

de Djefarhapy", Mediterranees 159-75. (1996):

Gardiner, Alan, and Memphis Gaudemet, 86. Goedicke, Griffith,

Hagemann, Basler Studien

Neuhoff, Klaus, "Stiftungswesen Deutschen Hochschulverbandes The Oxford

aus der Zeit

- zum Gebrauch 1928). (Leipzig 1933). Reich", 7-20. ZAS

des Alten Reichs

aus dem Alten

61 (1926): Journal ZAS

von Liturgie-Tagen", der Kirchen

und Kloster ZSS-KA l'Ancien

Vermogensrechte des actes de

der Papyri", fondation de

Taubenschlag, BC-640AD)2 Thomas,

The Law 1955).

in theByzantine Empire (Washington in Egypt from the Evidence of the Pa

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