ثيقة شرعيّة: CUL Or.1080 J290

ثيقة شرعيّة CUL Or.1080 J290

العلامات

تاريخ الإدخال

في PGP منذ 2017

الوصف

Legal document. Partnership record. Dated: ʿerev Pesaḥ 1351 Sel. (10 April 1039). Location: Cairo. In April 1039, the parties Tuviyah b. Yefet ha-Levi and ‘Allūn b. Faraj (and perhaps Salāma ha-Kohen b. Nissan) came to the home of Sulaymān b. Isḥāq b. Meir in Cairo. Sulaymān was involved in a partnership (mufāwaḍa) with Tuviyya and ‘Allūn. The other partner to the agreement is Khalaf b. Ibrāhīm. When Tuviyya and ‘Allūn demand a payout from the partnership, to be distributed by Sulaymān (evidently the senior partner), Sulaymān disputes this, explaining that Tuviyya and ‘Allūn have received their final settlements, and Khalaf is free from his obligations to them. Sulaymān and Khalaf terminate their relationship, and the April document is given to Khalaf as proof. ‘Allūn's attestation that Sulaymān and Khalaf had “a joint enterprise (mu‘āmala) and not a qinyan”, complicating the understanding of partnership models in this period; the difference between a mufāwaḍa and a mu‘āmala (or between either of these and a qinyan) is unclear Immediately below, in different handwriting, appears the testimony of Salāma b. Nissan ha-Kohen to Sulaymān that he (Salama) has made the same statement in a different location, at the home of an elder. Goitein believed that the Khalaf b. Ibrahīm mentioned in this document was the same one that appeared in T-S 18J1.6 (PGPID 3523); Lieberman disputes this. In yet another handwriting, the document validates the signatures of Tuviyya and ‘Allūn in the permanent court in Fusṭāṭ some months after their initial testimony was recorded in the home of Sulaymān in Cairo. The signatories are the three judges Efrayim b. Shemarya, Avraham b. Mevasser, and Yefet he-Ḥazzan b. David. (Information from Lieberman, "A Partnership Culture", 281-284)

CUL Or.1080 J290 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. Those who wrote their signatures at the bottom of this document, from among the witnesses whose signature
  2. has been confirmed, said that they (the witnesses) were present on the eve
  3. of Pesaḥ of the year 1351 (of the Era) of Documents in Cairo the
  4. [divinely-]protected, in the home of Suleymān b. Isḥāq b. Meir, and
  5. a partnership (mufāwaḍa) proceed[ed] between them and this Suleymān, in the matter of […]
  6. with Khalaf b. Ibrāhīm the Ḥazzan and Suleymān rejected (their claim) ...[…]
  7. saying to all those whom he addressed, “You have already settled
  8. with your Ḥazzan—that is, this Khalaf—and he has enriched you
  9. and bestowed honor upon you as he wished; thus there remains with me no [further] claim for him accompanied by a
  10. qinyan between me and him in the past that he would not do
  11. anything without my command, but now he is free from it (my command).” We wrote testify[ing]
  12. to what happened as proof for the aforementioned Khalaf, in order that he would promise [us]
  13. freeing him from the qinyan in which he had been obligated to this Suleymān.
  14. This was on Monday, the last day of Tishri (in) the year 1[351]
  15. (of the Era) of Documents in the city of Cairo near
  16. Fusṭāṭ Egypt, situated on the Nile River.
  17. Tobias b. Japheth ha-Levi Witness.
  18. Salāma ha-Kohen b. Nisan said, “I remember Suleymān making the
  19. statement (appearing) in this document in another place, the residence of the Elder A[…]
  20. Naḥum bar Ḥayim Witness. There came before us in the permanent cour[t]
  21. in Fusṭāṭ, three (judges speaking) as one, all the witnesses who signed
  22. this document, two witnesses, who are ‘Allūn b. Faraj and Tobias b. Japheth ha-Levi the witnesses
  23. and they showed us [their signatur]es on this document, thus we affirmed
  24. as is fitting. Ephraim (of) e(ternal) m(erit) the Ḥaver of t(he) g(reat) S(anhedrin) b. master Shemariah  `Continuation of Ephraim’s name written around l.24: b. Yaḥyā of Gaza may he inherit eternal life (may his) s(oul find)  r(est)
  25. Abraham b. Mevaser m(ay his) s(oul find rest)      Japheth the Ḥazzan b. David [may...]

 

Recto, right margin

  1.  ‘Allūn b. Faraj said, “Indeed, I know that what was between Khalaf the Ḥazzan and Suleymān
  2. b. Isaac was a joint enterprise (mu‘āmala) and not a qinyan from the eve of Passover 1351.”

CUL Or.1080 J290 1v

1v
بيان أذونات الصورة
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