رسالة: T-S 8J10.13

الوصف

Recto: Letter from Yedutun ha-Levi, probably in Fustat, to his brother Moshe b. Levi ha-Levi, probably in Qalyūb. Most of the letter concerns a dispute over a cauldron (dast). It seems that Yedutun was attempting to prove that it was cracked and that he therefore that he had a right to return it to the seller (ṣāḥib al-dast, l. 4) based on the legal principle of al-radd bi-l-ʿayb. The seller denied that it was truly defective, saying, "O Muslims! It can only be returned if it is defective or broken." Therefore they went to the qāḍī, who ordered that the cauldron should be shown to the experts (arbāb al-khibra). The experts said that it should be tested with steam from the bathhouse tank. They then went to the bathhouse and "tested it with water many times" but no steam emerged, evidently demonstrating that the defect was only cosmetic, so "we left the qāḍī with no writ." Ibn Abū l-ʿAysh saw the cauldron and thought highly of it and saw the spots of flaking (qishr), apparently from where it had been struck with a hammer (or alternatively, Ibn Abū l-ʿAysh struck it with a hammer to test it). Ibn Abū l-ʿAysh said, "I would like to live to see the day that this would become defective," and there ensued a quarrel (jarat khuṭūb). They then checked "a thousand" cauldrons, large and small, and could not find any better than it. They held an auction for it and it reached a price of 34 (dirhams?) but they did not sell it. The next few lines are too faded to understand. Yedutun says "if it were not for the capitation tax, we would take/keep it due to its quality." He then moves on to other business matters involving ʿUmayr, rose, and cypress nuts. (Information in part from Goitein's index cards.) EMS/OZ/ASE