منحة في وثيقة شرعيّة: JCC 2

Recto

1. ...  order to look into the case which is reported below ...
2.  the holy law according to the exalted school ...
3. our master and our leader, the chief Cadi who is mentioned (by name above),
4. May Allah the most high prolong his illustrious days and make him enjoy (both this world and the next)
5. and do well by him and increase his dignity. An inquiry should be made (into the two Synagogues which should give)
6. an account of them and a description of them and their boundaries (or, of that which has been renewed in them). Then went
7. the delegates of the excellent Hanefite law, and others,
8. all of them: to wit, the learned Ibrahim ibn Mohammad ibn Sharaf al-Din,
9. known as al-Sukkarī, the learned Nūr-al-Dīn ʿAlī son of the learned
10. Khalīl ibn Nūr al-Dīn ʿAlī, the architect, known also
11. as Ibn Baisār, leading men of information and knowledge in regard to real property,
12. buildings and their defects, who had been delegated for this purpose by
13. the exalted one, to the place where are the two Synagogues which are known by the description of them
14. in Fostat—May God protect it!—in the quarter of Ḳaṣr al-Jamʿ, (the first one known)
15. as that of the Babylonians, near to the Muʿalaḳah and the second one (known as that of the Palestinians)
16. not far from the first. Now, we have made a thorough investigation,
17. and the investigation has shown that the first Synagogue known
18. as the Synagogue of the Babylonians contains a façade,
19. in which is a gate through which one goes to a ladder, upon which one mounts to (a place higher)
20. than it, to a square gate through which one comes upon an open space, opposite to which is ...
21. In this there is an opening between two buttresses, the length of which is six cubits
22. according to the ordinary cubit. In it are two pedestals of marble erected long ago.
23. Now, these are at about one-third of the above-mentioned opening. The width of each buttress
24. on its face is one cubit and one-eighth, according to the ordinary cubit.
25. Its height, from the surface of the ground up to as far as that part which contains
26. the laterals, is four cubits. Above this was something still higher...
27. In the middle of the aforementioned opening is the aforementioned tower ...
28. the two buttresses aforementioned; and upon the two marble pillars (which were)
29. upon the two pedestals of marble aforementioned there are found the
30. two restored pieces of marble. It is said that these are the two pillars which made up
31. the aforementioned tower. The aforementioned tower had been burned down (and ...)
32. its upper part, so that the two aforementioned pillars had sagged. The height of the tower
33. in addition to the top part of the building which had fallen into ruins was a cubit and a half.
34. Now, throughout the whole length of the opening aforementioned there were laterals of wood
35. resting upon wooden beams. In the middle
36. of its elevation it reached two cubits—so that the destruction, taking account of the height of the tower, reached
37. three cubits and a half and an eighth of a cubit, taking into account the sagging ...
38. the two buttresses along the width of the buttresses. This computation is on the basis of the ordinary cubit (regarding)
39. the two aforementioned pillars up to that upon which they rested. And (it is necessary) to replace the towers
40. to that which they were before they were burned and to rebuild the building which had been destroyed to that which it had been
41. as aforementioned. To the left, as one enters, is a roofed porch, the front porch of which
42. has been destroyed up to three and a half cubits in length,
43. and one and one-quarter cubits in width. Its depth has been uncovered
44. one cubit by two. Its depth was a quarter of a cubit. The height
45. needs a tearing down amounting to one extra cubit above the three and a half cubits.
46. aforementioned. (It will be necessary) to rebuild this whole space from the bottom up three and a half to
47. four cubits and a half. At the side (of this whole space) is another postern.
48. Its height is two and a half cubits—all on the basis of the ordinary cubit.
49. (It is necessary) to clean this up, to rebuild it and to restore it to its original form.
50. In the condition in which it is now there is danger of injury occurring. Now, this Synagogue
51. known as the Synagogue of the Rabbanites is in the Quarter of the Jews. (The whole property) can be described according to the four
52. (cardinal points). The South reaches up to the little street in the Synagogue Enclosure
53. which is there. In it there is the gate. A part of it belongs to the Waḳf of the Jews
54. and a part to waste ground. The northern side ...
55. In this there is a wall about to tumble down. The Eastern Side reaches (unto)
56. the small street in which is the aforementioned Synagogue, a part of which (belongs to the Waḳf)
57. of the Jews. The western side reaches the waste ground in the aforementioned Synagogue Enclosure.
58. Repairs in regard to this are not mentioned in the investigation. Now, as regards the Synagogue 
59. known as that of the Palestinians—it is also known as the Synagogue of the Rabbanite Jews—
60. it is inside the passage known as Khabīsah. It contains a façade built long ago.
61. From it one enters the aforementioned Synagogue. And in the aforementioned Synagogue for one 
62. who passes through it, there is a porch without a roof. In it are two pillars of marble; one of which to (the right)
63. of the person as he enters. This is leaning to one side. It must be put in order and placed in the condition in which it was.
64. In it is a large window, a part of which has already fallen, and a part of which is on the point of falling.
65. Its size in breadth is three and one-third cubits, plus one quarter cubit; its height
66. at the corner is two and a half cubits. On the middle of its side it is five cubits
67. and two-thirds of a cubit. Now, for the space of a cubit from its lowest part up to the middle of it also
68. needs rebuilding and restoring. In the aforementioned porch to the right of the reception room
69. is a granite column in the corner; its measurement is in width two and one quarter cubits from its top
70. to its bottom, in height three and one-half cubits and its restoration (is necessary)
71. to the same amount in the mortar.  Now, in the aforementioned synagogue the roof is broken in and a door leads
72. from it lying to the right of one who goes through it. From this door one enters into a place that is in ruins, one wall of which lies to the right as one enters.
73. In it there is a door. The area needing repairs from the aforementioned door on is two and one third cubits.
74. In height (this area) is two and one quarter cubits. Now, in the aforementioned chamber, the wall has fallen into ruins.
75. It used to carry a tower. At the present time it is resting upon connecting beams. The extent of the wall
76. aforementioned is two-thirds of a cubit in breadth and its height is five cubits. Next to it is a space needing repairs, the breadth of which
77. is one-half a cubit and its height two and one-half cubits. All these cubits are the current cubits.
78. All this stands in need of reconstruction and repair. If it is left in the condition in which it is at present, there may happen
79. through this accidents. The following four boundaries will give the position in which this Synagogue lies.
80. The south side reaches unto the market-place in the passage Khabīsah; the northern
81. side reaches unto the street. In it is the gate (to the Synagogue). The eastern side
82. reaches unto the house known as that of Ibn al-Muʿarrid and of al-ʿAṭṭār and of the others beside them. The western side
83. reaches unto the dwelling compound known as the Hospice—a Waḳf for the poor of the Jews.
84. This is what the investigation and the survey have clearly indicated. As for that which should be done in this matter
85. that is left to that which the Mohammedan law may require. This occurred upon the blessed day (... the nine)
86. and twentieth of the month Rabīʿa I in the year 878.
87. Then, on the first day of Rabīʿa II in the aforementioned year, gave over ...
88. the glorious, may Allah the most High grant them fame and give them strength and prolong the rule of their head-officer
89. as well as the chief Caḍi ... whose excellent name is mentioned above—May Allah exalt him
90. and elevate him and increase his grandeur—in the matter of the two Synagogues mentioned above ...
91. the final decision (?) to our excellent lord and master the chief Caḍi who is named above
92. by his excellent name—May Allah prolong his flourishing days, do well by him and make his grandeur increase.
93. He gave orders orally to go where are the two Synagogues mentioned above
94. and to deal with this matter in harmony with the dictates of the holy law according to his excellent
95. school (of law). Then went our lord and master, the chief Caḍi, who is mentioned
96. by his excellent name above—May Allah the Most High lenghthen his days, give strength to his judgments and increase his dignity—
97. accompanied by those of his colleagues who place their names at the end of this document, those stationed in the honored court of justice and others, 
98. as well as the architects mentioned above, to where the two above mentioned Synagogues were.
99. A thorough investigation was made of them in his presence, and the two were found to be in the condition mentioned
100. above. Thereupon Allah was consulted—praised and exalted be He—who
101. would not disappoint anyone consulting him; and h was asked of Him, whose kindness is never asked in vain—
102. for enlightenment in the honoured court of justice (by the chief Cāḍi) our lord, the poor servant of his master Allah the Most High,
103. the learned Sheikh Taḳī-al-Dīn, the honoured one among the wise and (by) the most respected Mufti
104. of the Mohammedans Abū-al-Ṭayyib Muḥammad ibn al-Mukri al-Zujjāji al-Ḥanafi, head judge
105. in the country of Egypt. May Allah the Most High confirm his judgments and give him enlightenment in (the investigation concerning)
106. the two synagogues aforementioned and their ruins in a legal manner, 
107. (made) by all those who were present at the first and second investigations, explained above.
108. Now there was verified before our Master, the poor servant of Allah the Most High, the Sheikh Taḳī-al-Dīn
109. who is licensed (to deal with legal matters and) to whom reference has been made above—May Allah the Most High confirm his judgments and favour him with the legal proofs—
110. the contents of the examination that has been noted above according to that which has been put down and explained
111. above—a veritable legal decision on the fourth day of the month
112. Rabīʿa II mentioned above in the aforementioned year. Then, after this
113. there went our Lord, the servant who looks for the aid of Allah the Most High, the Sheikh Taḳī-al-Dīn
114. the judge who is licensed (to deal with legal matters and) to whom reference has been made above—may Allah the Most High strengthen his judgments—
115. together with those who are placing their names after his—leaders and authorities in the excellent tribunal and others beside them (to)
116. the two Synagogues aforementioned. The restorations mentioned above
117. were found to have been made and (the Synagogues) had been put into the same condition in which they had been (previous to)
118. the destruction and burning. Nothing whatsoever had been added. It was found also that that which had been restored
119. was the portion belonging to the Jews. Its restoration and its replacement had been done in a legal manner. This was made clear
120. efore our master the wise man who has been referred to (above) may Allah the Most High confirm his judge—
121. ments and favour him with legal proofs, which are acceptable, certain, true, lawful and (impossible)
122. of contradiction in regard to that which had been restored in the two above mentioned Synagogues
123. belonging to the Jews—a lawful restoration, as has been explained above,
124. without any addition to this ... true, lawful, complete,
125. determined by law, demanded by it and fulfilling the terms of the law
126. upon the basis of a perfectly legal demand and after the establishing of full proof, and after full legal
127. consideration had been given with much erudition of the view opposite to this. A proper (document was drawn up)
128. in regard to this matter on the blessed day, the twenty-ninth of al-
129. Ḥarām at the end of the year 878. May Allah bless
130. its end, and may His kindness be for the rest of the prophets and apostles
131. altogether, and may there be peace! God is sufficient unto us and an excellent guardian!

Recto

[...]

1. .. regarding the events explained (above) in it [...
2. the noble [... [name and/or full title missing]
3. our lord and master, Chief Qāḍī, referenced [above by name
4. may God the exalted prolong his radiant days, and gather for him … among [...
5. and make for a good result and increase his high stature in the inspection of the two syn[agogues …
6. and in the account of them, their description, and in defining the interior and exterior boundaries [...  
7. (by) the representatives of the glorious (school of) Ḥanafī adjudication, and others, [...
8. among whom are: the learned Ibrāhīm bin Muḥammad bin Sharf al-Dīn [...
9. known as al-Sukkarī, the learned Nūr al-Dīn ʿAlī son of the learn[ed 
10. Khalīl bin Nūr al-Dīn ʿAlī, the surveyor, also kno[wn as
11. ibn Baysār. They are experts with experience and knowledge of arch[itecture,
12. buildings, and their defects. The representatives therefore [... (went from the)
13. noble (court) to where the two synagogues (are) with the commitment of assessing th[em …
14. in Miṣr (Fusṭāṭ) the Protected, inside the perimeter of the Fortress of the Candles(!) [... to the Synagogue of the)
15. Babylonians near the Hanging (Church) and the second [... the Synagogue of the Jerusalemites
16. nearby the first (synagogue). In investigating [... the building
17. the investigation has thus shown that the first synagogue kno[wn as
18. the Synagogue of the Babylonians includes requisite [... (renovations).
19. In it there is a door from which one enters to a stairwell and ascends upon it to [... 
20. and from it to a square door. One enters from (the square door) to a courtyard inside toward t[he …
21. inside it there is an opening between two buttresses that measures six cubits [... 
22. by the standard cubit. Inside it there are marble pedestals remaining of the [building(?) …
23. from them. In one third of the aforementioned opening, the width of each buttress 
24. on its surface is one and one-eighth cubits, by the [standard] cubit.
25. Its height from the surface of the ground to the (upper structural) features comprises [...
26. the edges from it extend four cubits. The (structural) features extend upwards … the[...
27. they fill the aforementioned opening. The aforementioned support beam [... 
28. the aforementioned two buttresses and on the two marble columns …[...
29. on the aforementioned two marble pedestals there can be found [...
30. two repaired (columns). He noted that they were the two columns which had been [... attached to
31. the aforementioned support beam. This beam burned and …[...
32. its height and fell down. The height of the [...
33. with what was destroyed. Its height from the building (upwards) is one and one-half cubit[s …
34. Throughout the aforementioned opening rising above that there are wooden sections 
35. held up by strong timber (beams). And rising above that in the middle of the [...    
36. is the height of two cubits. Therefore, the destroyed (section) with the height of the support bea[m
37. is three and one-half and one-eighth cubits (=3.625). It is leaning to the si[de …
38. of the buttresses in the middle of one buttress. All of this is measured according to the standard cubit. [...
39. the aforementioned two columns which it was upon and support beams should be placed [... 
40. of which burned (in order) to return the destroyed building to what it was [... 
41. (in) the aforementioned (synagogue) to the left of one who enters there is a portico at the center of it, beside [...
42. three and a half cubits extending across its surface were destroyed [...
43. its width measures one and one-quarter cubits. At its center, there is a buttress measuring [...] cubits in width [...
44. one by two cubits. The darkening of it (from fire) measures a quarter cubit and …[...
45. One additional cubit above the three and half cubits needs to be demolished [...
46. of the aforementioned (surface) and should be rebuilt in its width (measuring) three and a half cubits, and …[...
47. another repair (is needed) to the side of it spanning four and one half cubits [...
48. and its height is two and one half cubits, all this is by the standard cubit. …[...
49. to half of that (amount). The evidence of (what should) be restored to its previous condition [...
50. is (clear) in the description, in which it is currently feared that injury will come from it. And this synago[gue
51. is known as the Synagogue of the Rabbanites in the neighborhood of the Jews. And its perimeter has [...
52. four (boundaries), the southern one borders the street inside the …[...
53. which is there and there is a gate inside it, and part of it (borders) the endowments of the Jew[s
54. and part of it (borders) a ruined site. The northern boundary borders …[...
55. and there is a crumbling (lit. defective) wall in it. The eastern boundary borders [...
56. the street on which the aforementioned synagogue is situated, part of it [... (borders the endowments?)
57. of the Jews. The western boundary borders a ruined site. Inside the 
58. aforementioned synagogue, no (prior/unauthorized) repairs were reported by this investigation. As for the syn[agogue          
59. known as that of the Jerusalemites, which is also known as the synagogue of the Rabbanite Jews, 
60. it is (located) inside the alleyway known as Khabīṣa that surrounds the structure.
61. One enters from (the alleyway) to the aforementioned synagogue. And inside the aforementioned synagogue to the le[ft
62. of one who passes through it, there is a portico without a roof in which there are two marble columns, the one to the righ[t
63. of one who enters is leaning. It needs to be repositioned and restored to how it was before [.... 
64. there is a نفحة/نفخة inside it, part of which has fallen and the other part is sinking toward falling [... 
65. its width measures three and a third and a quarter cubits (=3.5833). Its height is [...
66. from the side of the corner two and a half cubits and from the center of the (other) side five
67. and a third cubits, also, the quantity of cubits from the ground (upwards) from the center [...
68. needs reconstruction and repairs. Inside the aforementioned portico, the reception room(?) (ṣāla) to the left [... (needs/has)
69. marble in the corner measuring three and a half cubits in width from its highest point
70. from the bottom of it (upwards) its height is three and a half cubits and the repairs from the [... (are needed and)
71. similarly in the plaster/mortar of the aforementioned synagogue //of which the roof is broken//. One enters by a door to [... (the women’s gallery?)
72. and to the right of it. One passes through it entering into a khazna inside where, to the right of one who ent[ers
73. there is a door. The (required) repairs measure two and a third cubits from the aforementioned door [...
74. and two and a quarter cubits in height. Inside the khazna there is a buttress that has been destr[oyed that
75. was carrying a support beam. It is now held up by strong timber. The measurements of the
76. aforementioned buttress are three cubits in width and five cubits in height, from its side repairs (spanning) [...
77. (and a) half cubit in width and two and a half cubits in height. All this is by the standard cubit. 
78. All of this requires reconstruction and renovation. Whenever a (building) is left in the condition in which this one is currently, 
79. damage/injury comes from it. The perimeter of this synagogue has four boundaries. 
80. The southern boundary borders the street of the Khabīṣa alleyway. The northern boun[ary
81. borders the pathway with a gate in it. The eastern boundary
82. borders a house known as Ibn al-Maʿriḍ and al-ʿAṭṭār and other (names). The western boundary
83. borders a house known as al-Fundūq, (part) of the Jewish pious endowment for the poor.
84. This is what has been established by the investigation, testimony, and legal ruling in this [... 
85. bearing what is required by law. This (occurred) on the blessed day [...
86. the twenty-[...] of the month Rabīʿ I in the year 878 [...
87. Then on the first of the month Rabīʿ II of the aforementioned year it was conferred [... 
88. by the honor and greatness of the noble [law], may God be Exalted and may the reign of its sovereign be perpetual [...   
89. our master, the Chief Qāḍī, the northerner(?), aforementioned by his honorable name, Sharfallah bin [... 
90. his loftiness and increase his high stature in the matter of the two synagogues mentioned above in 
91. the noble legal ruling of our lord and master, the Chief Qāḍī previously mentioned
92. above by his honorable name, may God the exalted prolong his radiant days, and make for a good outcome and increase the extent of his high stature. 
93. Thus he went to where the aforementioned two synagogues (are located) [...
94. performing an investiga[tion] into what is required by the noble law on the grounds of his honorable school (of jurisprudence). 
95. And therefore our lord and master, the Chief Qāḍī, mentioned above by his honorable and lofty name, 
96. may God prolong his days and empower his singular judgment, (went with) the learn[ed (scholars)
97. and companions who sign their names after his, the masters and deputies of excellent judicial knowledge, along with others
98. and the surveyors to where the two aforementioned synagogues are (located).
99. In his presence and under his oversight, the investigation found that (they) are in the condition explai[ned
100. above. And seeking what is best by this, praise be to God the exalted, that which [...
101. his refuge for one seeking aid in his sacred compassion, which his refuge and [...
102. clear in his excellent judgment, our lord, the poor one before Go[d
103. the learned master, Taqī al-Dīn, honored among scholars, incomparable in distinction as a juris[consult   
104. among Muslims, ʾAbū al-Ṭayyib Muḥammad bin al-Maqqarī al-Zujjājī al-Ḥanafī, (God’s) deputy (lit. ally) in the jurisdiction 
105. of Egypt. May God the exalted support his judgment and make for a good result in the examina[tion 
106. of the two aforementioned synagogues and the sanctuaries inside them by lawful means [... 
107. by everyone that attended the first and second inspections explained above. 
108. This was registered by our lord, the poor one before God the exalted, al-shaykh Taqī al-Dīn 
109.  who is authorized (in this matter) and mentioned above. May God the exalted support his judgment and make for a good result in the legal evidence 
110. of the contents of the investigation written above in what is stated and ex[plained
111. above. Confirmed as sound and lawful on the fourth of the month Rabīʿ [II
112. mentioned above, in the aforementioned year. Afterwards 
113. our lord, the poor one before God exalted, al-shaykh Taqī al-Dī[n 
114. the authorized judge mentioned above, may God strength his judge[ment 
115. went with all those who sign their name after his, the masters and deputies of excellent judicial knowledge, along with others t[o
116. the two synagogues mentioned above and found that the aforementioned repairs
117. (to the) aforementioned [...], have been completed and returned to the condition it was in before
118. the destruction and the burning. Nothing has been added and that which has been repaired and reno[vated
119. is what the Jews have repaired and renovated in a lawful manner from [...
120. May God the exalted support [his] judgment and make for a good [result 
121. in the legal evidence (which is) accepted, confirmed, sound, and lawful [...
122. What has been shown in the renovations and repairs in the two synagogues mentioned ab[ove
123. is that which the Jews have renovated in a lawful manner as explained ab[ove
124. without any unpermitted additions, (which are) confirmed, complete, lawful, valid and [...
125.  valid, lawful, and responsible in fulfillment of the requirements of the l[aw
126. from a sound legal claim and presentation of evidence, and the recognition of it [...
127. is by consideration of the dissenting scholarly (position) to it. Witnessed (by) [... 
128. [his] honorable [name] on the blessed day of the twenty-ninth [ (of the month Dhū l-Ḥijja)
129. the sacred, the end of the year 878 [... 
130. following after it and may prayers be upon all the other prophets and apostle[s …
131. God is our sufficiency. He is an excellent [guardian! …

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