ثيقة شرعيّة: NLI Ms. Ar. 276.14

الوصف

Legal document from the high court (al-Bāb al-ʿĀlī) in Cairo. In Arabic script. Dated: 4 Rabīʿ II 1106 AH = 22 November 1694 CE. Judge: Muḥammad Abū l-Mawāhib b. Muṣṭafā al-Marzūqī al-Mālikī. Also present were ʿAlī b. Aḥmad known as al-Faqīh and the two brothers al-Ḥājj Badr al-Dīn and al-Ḥājj ʿAbd al-Raḥīm the sons of the late al-Shihābī Aḥmad known as al-Rūmī b. Sulaymān b. Raḍiyy al-Dīn. The two brothers are the administrators of the waqf endowed by their grandfather Arkmās (اركمآس) Nāʾib al-Shām, which includes the two qāʿas which will be the subject of the document. Also somehow involved in the waqf or the legal case is al-Ḥājj Muḥammad b. Muḥammad known as جرب(?) al-Dakhākhīnī (the tobacconist?) in the neighborhood of Ḥārat al-Amīr [...] Bey. The Rabbanite Jewish man Yosef b. Shalom Levi known as تهويس(?) purchases from the aforementioned Muḥammad the rights to khuluww, suknā (dwelling), and intifāʿ (benefit) from the two waqf properties mentioned above. The rights to the properties are also established in a prior legal deed from the neighborhood court of Bāb Saʿāda wa-l-Kharq, likewise under the Mālikī qāḍī Muḥammad Abū l-Mawāhib, dated 10 Ṣafar 1102 AH = 13 November 1690 CE. The first property is known as the former dwelling of the Rabbanite Jewish man Hārūn b. Yaʿqūb al-Ṣarrāf of Bāb al-Shaʿriyya. The second property is known as the dwelling of Sitt al-Bayt bt. Yūsuf and its upper apartment as the dwelling of Shemuel the Rabbanite Jewish man. The price agreed upon is 4300 medins ("half silvers"); a portion (? bi-muʿāwaḍa) will be paid in 42 gold dinars by the standard of the moneychanger (ṣarrāf) Muḥammad b. Yūsuf in the al-Azhar neighborhood, and the remainder will be paid in silver. It seems the purchase of the rights is for a specified period of 5 years, and Yūsuf will assume the obligation of paying rent to the waqf administrators. A sum of 5100 medins is named toward the bottom; it's not entirely clear how this relates to the sums of 4300 medins and 42 gold dinars named above. Eight witnesses sign. At the top is the tawqīʿ of the judge and a seal. On verso there are two filing notes in Judaeo-Arabic and in Arabic script as follows: - חגת אל תבקתין בחוש נאיב אלשאם באל מושתרא - حجة بمنفعة الخلو والسكنى بالطائفة الربانية(؟) بحارة زويلة بحارة اليهود باسم يوسف ولد شالوم For document images and information on provenance, see the 2009 NLI catalogue entry by Ephraim Wust: https://www.nli.org.il/ar/manuscripts/NNL_ALEPH990029250640205171/NLI#$FL188116337 NLI Ms. Ar. 276.14 corresponds to images 3–4 at the link above.