ثيقة شرعيّة: T-S 13J8.15

Recto

1. [“Perform a qinyan with me from now] on, write and sign using all [the appropriate legal formulae]
2. and the expressions of certainty, and all language of claim[s, and] give it to us in order that each of us would have before
3. his fellow from this day forward proof and a legal claim that each of us attests before you, using the most certain and trustworthy expressions of
4. affirmation, in our good health and freedom of will, willingly, with neither duress nor force
5. nor compulsion, with neither negligence nor [error, without] illness of dis[ea]se among us, nor any of the like from the factors which invalidate
6. testimony, that each of us […] to his fellow in this partnership (shirka) that which is ascribable to each of them, respectively,
7. in this matter, and obligates himself [from] now on […]. None of this may be nullified, nor does he have any support therein
8. for with any sort of legal claim whatsoever, for profit and loss, […] or for a guarantee or a (claim of) deception in the expenses, or of wasted time
9. nor a debt nor anything else mentioned above. This was (effected) in accordance with our intention and our free will and our preference.
10. We wrote this document in order that each of us would have in his hand (a document) well-order[ed,] and [proper and] enduring and durable, each of us
11. before his fellow, upon which any co[ur]t anywhere would rely, not like formularies or like
12. prototypes of documents, but rather as the most certain and trustworthy of that which the Sages, (may their) m(emory be) f(or a blessing) outlined, in the like. Each of us takes (upon himself)
13. towards his fellow the fulfillment (of this agreement) in his lifetime and upon his heirs after his death, concerning all that which he took
14. upon himself in this account, from beginning to end, and all that which is ascribable to him therein with the most certain
15. and perfect of guarantees of [fulfillment.] We have nullified all secret dispositions and conditions
16. and secret dispositions concerning secret dispositions and secret dispositions that may develop from secret dispositions forevermore, which may be made for us
17. and which we have made concerning this partnership document as a decree of the Sages. We performed a qinyan with (our) tea(cher) and m(aster), this Abraham
18. b. (our) tea(cher) and m(aster) Moses the Elder, known as al-Mirjānī (who) r(ests in) E(den), and with (our) tea(cher) and m(aster), this Mevorakh b. (our) tea(cher) and m(aster) Eleazar
19. the Elder, (who) r(ests in) E(den), a complete and weighty qinyan, with an item suitable for doing so, effective immediately, and from “hand to hand”, using all the language
20. which the Sages used to nullify therein terms and conditions of each of them to his fellow, with an item suitable
21. for doing so, concerning everything written and explained above. That which happened before us—we, the court
22. and those that signed along with us at the bottom—we wrote and signed two copies and gave one
23. of them to this M(r.) Abraham and one of them to this M(r.) Mevorakh, in order that they would have in their hands a title of right and proof.
24. That was on Wednesday, the first of the month of Sivan of the year dated above. Our signature was delayed
25. until the following Thursday, in Fusṭāṭ Egypt, situated on the Nile River. Proper and clear and enduring.
26. Isaac b. Samuel ha-Sephardi (may he) m(erit) l(ife in) the n(ext) w(orld)

Blessing above and below Isaac’s name: … (unintelligible)

1. Meshullam b. Manasseh the Ḥaver (may his) e(nd be) g(ood)