ثيقة شرعيّة: T-S 16.159

ثيقة شرعيّة T-S 16.159

العلامات

تاريخ الإدخال

في PGP منذ 2017

الوصف

Deed of release. Location: Fustat. Dated: Tuesday, 15 Kislev 1526 Seleucid = 19 November 1214 CE, under the authority of Avraham Maimonides. This partnership release describes itself using the Aramaic term "tavra", referring to the "breaking" of the partnership relationship and a renunciation of further claims. Abū l-Bahāʾ b. Abū l-Ḥasan al-Dalātī Ibn al-Naḥḥāl (the beekeeper) releases his nephew Moshe ha-Kohen from all obligations resulting from "all of the joint enterprises (muʿāmalāt) which were between us from the beginning of time until now", as well as any concomitant oaths. Any further details of this family partnership are not included in the release. Goitein identifies three other financial documents between Abū l-Bahāʾ and Moshe, all of which concern loans from Moshe to his uncle. That the present document is dated between the dates of two of these documents suggests that despite this document ending a partnership, their mutual financial dealings continued. As the other documents are all concerned with the repayment of loans from Moshe to his uncle, it seems likely that Moshe was the source of capital for this partnership, and one of their "mutual dealings" was an investment partnership. Presumably Moshe would have released his uncle from any further claims in a separate document. (Information in part from Lieberman, "A Partnership Culture," 135.)

T-S 16.159 1r

1r

النصوص المفرّغة

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

  1. Testimony which was before us, we the undersigned witnesses, on Tuesday, the fifteenth day of the month of Kislev
  2. of the year one thousand five hundred and twenty-six years (of the Era) of Documents”, in Fusṭāṭ Egypt, which is situated on the Nile River, the jurisdiction
  3. of our lord, the Nagid [Abra]ham, the outstanding Rav, the mighty hammer, Lamp of the West, Standard of the Sages, Inimitable of the Generation and its Wonder, from east
  4. of the sun t[o its west, may] his name always be praised, thus: the Elder Abū al-Bahā b. [the Elder] Abū al-Ḥasan al-Dilātī the Beekeeper
  5. (who) r(ests in) E(den) came before us [... and said to us, “Te]stify on my behalf and perform a qinyan with me, effective immediately, write and sign [on] my behalf, with the most [certain] and perfect [expression]s for claims
  6. [and give it to] M(r.) Moses ha-Kohen, nephew of the Elder Abū al-Baqā b. [the Elder Abū al-Ḥasan the bee]keeper al-Dilātī (who) r(ests in) E(den), in order that [he would have]
  7. [in his hand] certain [p]roof and a precautionary release from today onward, that I attest before you in clear eloquent testimony that
  8. [……….] before my nephew, the aforementioned Mr. Moses ha-Kohen, that I have no right, nor any legal claim nor demand upon him, and all claims I have pursued
  9. before him today, upon the aforementioned Mr. Moses ha-Kohen, my nephew, have no significance, since I have forgiven him
  10. concerning all claims which I could direct against him concerning all of the financial transactions (mu‘āmalāt) which were between us from the beginning of time until
  11. now, and no right of any sort remains for me before him, nor any claim of any sort, nor any [sort of]
  12. demand, since I have released him before you from all that and from all the types of [vows and oaths]
  13. and rider oaths, and even from ḥerem setam, and from all that which I could direct against the assets of [my] ne[phew. A]
  14. ban [has been enacted] concerning all claims which I have made therein from the beginning of time until now, concerning all the financial [transactions (mu‘āmalāt) which were]
  15. between us, up to the date of this decree, and the extent of claims in which he was obligated to me has ended […]
  16. an appraisal of (partnership) assets or a vow or a rider oath attached to another oath, or the stopping of a ban, and even ḥerem setam […]
  17. that up to a thousand Fusṭāṭ dinars, I have released him from all that in a complete, definitive, certain, conc[lusive] release, [effective immediately]
  18. from me—I, the aforementioned Abū al-Bahā, and from my heirs after me, to Mr. Moses ha-Kohen, and to [his] he[irs]
  19. after him, a release severing all other claims and demands with respect to (any) disputes
  20. and legal judgments, loosening the bonds of each joint enterprise (mu‘āmala). Confirm what was between us from the beginning
  21. of time up till now, and all testimony—oral or written—or claim coming to me, from my hand or fr[om]
  22. any of my heirs after me //from that which would nullify this release or would weaken something within it// I have already nullified all that, effective immediately, and I have declared sucn an entire ruling
  23. worthless, as an ordinary potsherd, lacking any (legal) substance. I [have written] this release on my own behalf—I, the aforementioned Abū [al-Bahā]
  24. in order that it would be a release from me and from my heirs after me, for my nephew Mr. Moses ha-Kohen, and for his he[irs] after him,
  25. a release which is correct, fixed, enduring in all that is explained above in this dec[ree, with no] flawed [detail]
  26. therein, nor (anything) nullifying its judgment, nor a reason requiring its nullification, since its judgment is neither as an or[al trad]ition
  27. …. nor as the written pages of (legal) sources, rather as the most certain, weightest, most certain and sharpest of decrees
  28. [for testi]mony in …[..] ever to pass through a quill, upon him; and the judgments therein in all of the first
  29. […..] ….. […Ha]nging between the lines, [“…] the bonds which would nullify this release or weaken”
  30. [...] …. Written [on] an erasure: “…” Confirmed, and this is [their confirmation:] We wrote and signed this testimony after
  31. we performed a qinyan with Mr. Moses ha-Kohen in a co[mplete] and weighty [qinyan], with an item suitable for doing so, effective immediately,
  32. in accordance with his intention, without any duress whatsoever, nullifying any secret dispositions and secret dispositions concerning secret dispositions and secret dispositions that may develop from secret dispositions forevermore, and all
  33. conditions, concerning all that which is written and specified above. We wrote this document for this M(r.) Moses ha-Kohen
  34. in order that he would have in his hand a title of right and proof from this day forward. Everything is proper, clear and enduring.

T-S 16.159 1v

1v
بيان أذونات الصورة
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