ثيقة شرعيّة: CUL Or.1080 J288 + T-S 8J5.15
ثيقة شرعيّة CUL Or.1080 J288 + T-S 8J5.15العلامات
الوصف
Legal document. Partnership dissolution. Dated: 1152. Location: Fustat. Under the authority of the Nagid Shemuel b. Ḥananya. Hiba al-Abzārī b. Abū Isḥaq al-Tawwazī and Abū l-Faḍāʾil Yaʿqūb al-Raffāʾ release one another from a partnership, leaving Hiba owing Abū l-Faḍāʾil 6 dinars, to be repaid according to a schedule. The separation of the partners also leaves the two partners returning what seems to be a debt to their investor Abū l-Ḥasan Ibn al-ʿUrs; Hiba will pay 60-70 dinars and Abū l-Faḍāʾil will pay 13 dinars. Interestingly, each of the partners is left with a separate debt to Abū l-Ḥasan, distinct from the assets of his partner; thus, following the separation, the parties are no longer jointly liable even for debts which were accrued during the life of the partnership. (Information from Lieberman, "A Partnership Culture", pp. 279-280; Jacob Mann, "The Jews in Egypt and in Palestine under the Fatimid Caliphs," 1:230, 2:237; and Goitein's index cards.)
Edition: Goitein, S. D.
Translation: Ackerman-Lieberman, Phillip (in English)
T-S 8J5.15 1v
النصوص المفرّغة
S. D. Goitein, unpublished editions.- ] דחתמות ידנא לתתא סוף שטרא דנן כן הוה פי אלעשר
- ] ארבע מאה ותלתא ושתין שנין לשטרות בפסטאט
- ]שותיה דאדונינו שמואל הנגיד הגדול יהי שמו
- ]תומים למטה אלשיך הבה אלאבזארי בן אלשיך אבו
- ]עקוב אלרפא שריכה ואשהדונא גמיעא עלי
- ] אלשרכה אלתי כאנת בינהמא אנפצאל כאמל
- ] ולא יבקא לאחדהם עלי צאחבה פי הדה אל
- ] ם ענד אלאכר שי אלבתה לא מאל ולא בצאעה
- ] חק אלתוזי אלמדכור אעתרף בין ידינא
- ]אן ענדה ופי קבלה ודמתה ודרכה וכאלץ
- ] לעיל מן אלעין אלגייד אלואזן אלמצרי אל
- ]נה מצרייה גיאדא צחאחא דינא לאזמ/א/
- ]לי וראתה בעדה לפצאיל דנן ולוראתה
- ]מא סימלכה כמא ת[
- ] אל[
الترجمة
Phillip Ackerman-Lieberman, "A Partnership Culture: Jewish Economic and Social Life Seen Through the Legal Documents of the Cairo Geniza" (PhD diss., Princeton University, 2007).Recto
- Testimony which took place before us—we, the undersigned witnesses. Thus: in the first ten-day
- period of the month of Shevaṭ of the year one thousand four hundred and sixty-three years (of the Era) of Documents, in Fusṭāṭ
- Egypt, situated on the Nile River, jurisdiction of our lord Samuel the great Nagid, may his name
- endure forever, the Elder Hiba al-Abzārī b. the Elder Abū
- Isḥaq al-Tawwazī (who) r(ests in) E(den) and Abū al-Faḍā’il b. Ya‘qūb al-Raffā his partner came before us, and they asked all of us to testify on
- their behalf that they had separated from the partnership (shirka) which was between them—a complete
- and total separation. Nothing remains between the two of them whatsoever as a joint enterprise (mu‘āmala), and nothing remains for either of them with his fellow in this
- partnership (shirka) as an obligation, nor … and nothing whatsoever remains for either of them with the other—not assets, nor merchandise—
- except that which will be detailed, which is that the aforementioned Hiba b. Ibn Isḥaq al-Tūzī acknowledged before us—
- we, the undersigned witnesses—in a complete admission, that he has on his behalf and in his possession, to his credit, available to him and in his free
- control, belonging to the aforementioned Faḍā’il who was his partner, good, precise specie of Fusṭāṭ standard weight,
- six gold dinars of good, precise weighed specie of Fusṭāṭ standard weight, as a debt
- and an outstanding obligation, a complete debt and an outstanding loan, upon him and upon his heirs after him, for this Faḍā’il and for his heirs
- after him, with the most certain and perfect stipulations of responsibility, in what is his ownership as
- the Sages (may their) m(emory be) f(or a blessing) wrote in this regard. This six dina(rs) is upon […] the first […]
- from the remainder of the capital, and he will pay to Faḍā’il b. Ya‘q[ūb …]
- two dinars (in) the first ten-day period of the month of Shevaṭ 1463, and he will pay […]
- at the end of the month of Shevaṭ of the year 1463 … at the end of Shevaṭ […]
- the six dina(rs), a single dirham. The aforementioned Hiba also took upon himself […]
- unencumbered assets for the Elder Abū al-Ḥasan, known as (I)bn al-‘Urs, //the total// of 63 (dinars) […]
- and upon his partner Faḍā’il b. Ya‘qūb, thirteen dinars […]
- his assets, and assets which he has (on his own) without Faḍā’il who was his partner […]
- and I have release the aforementioned Faḍā’il from all partnerships (mu‘āmilīn) and from […]
- and from the other obligations and responsibilities which were upon him for him in this p[artnership (shirka) … from the beginning of time]
- until now, a complete and total release. I have also appointed … […]
- basin and copper drinking-vessels which were a pledge with him for the amount […]
- for Faḍā’il before him in what they could demand of him in the marketplace, and he is (to be considered) trustworthy as two [proper] witnesses […]
- He received from its value the total of this six dinars in toto … […]
- remains owed to him by the other from it in a single payment when the aforementioned month of Shevaṭ passes … with him from this
- six dinars, not even a single dirham. We, the witnesses, performed a qinyan with this Hiba concerning the aforementioned
- in this document, from the debt and in other (matters), a complete qinyan, with the formula “effective immediately”, in accordance with his will, without any sort of duress whatsoever, nullifying
- all secret dispositions and conditions. Then we performed a qinyan
CUL Or.1080 J288 1r
CUL Or.1080 J288 1v
T-S 8J5.15 1r
