ثيقة شرعيّة: T-S 12.784

Recto

We asked God for guidance and contracted a partnership between us. I, Yaḥyā ha-Kohen, produced from my property five hundred gold dinars, of excellent quality, of full weight according to Egyptian standard, cash money, and Mr. Sāsōn ... Abu ʾl-Surūr produced from his property fifty eight gold dinars of excellent quality, the total being five hundred and fifty eight gold pieces of excellent quality. This was done on condition that the money should be in my hands, I, the said Yaḥyā ha-Kohen, and that we should work with it and find our livelihood in banking, on condition that the said Mr. Sāsōn, my partner, will sit with me in the store under my supervision, will weigh and (do) any other part of our work, will go to court with those who owe us something, will deal with those with whom I shall allow him to deal, will make the accounts with the customers for me, but will not write promissory notes for anyone, be he a customer or not, nor object to my dealings with one customer in preference to another. Furthermore, on condition that I, Yaḥyā ha-Kohen, shall be considered as trustworthy as two witnesses admitted in court, my partner, the said Sāsōn having no right to demand from me an oath, and not even a ban in general terms or an oath by transfer. 

Of whatever profit obtained by the grace of Heaven, the said Sāsōn, my partner, will receive one sixth and one eighth after the restitution of the capitals, which amount to five hundred and fifty eight dinars, and I, the said Yaḥyā ha-Kohen will receive two thirds and one twenty fourth part. 

Whichever one of us chooses to withdraw from the partnership must wait and not take out his share for one month, during which he will receive nothing from the profits under any circumstances. 

If—God forbid—some of the capital should be lost, there will be the same distribution as with the profit. I, Yaḥyā ha-Kohen, shall bear two thirds and one twenty fourth of the loss and the said Mr. Sāsōn, my partner, one sixth and one eighth. 

Mr. Sāsōn accepted all these conditions from beginning to end, after they had been read out to him and after he had taken notice of all their implications. Moreover, Mr. Sāsōn will regard the honored Mr. ʿUllā ha-Levi, son of Joseph (may he rest in Paradise) as trustworthy as two witnesses admitted in court with respect to all actions he will take on behalf of them both, and he has no right to demand from him an oath etc.

Furthermore, the two have undertaken to exert themselves and to work hard for the success of their business. Neither one will conceal anything from his partner. They promise to apply faithfulness before Heaven and to act in a way which will earn them God's reward.

Finally, the two have accepted responsibility for all the foregoing for themselves and for their heirs after their death. 

(There follow five lines of legal phrases, describing the document as a valid instrument made in compliance with the prescripts of the sages of the Talmud and in accordance with general usage. One of the four signatories was Jekuthiel, representative of the merchants in Old Cairo).