Legal document: Bodl. MS heb. a 3/20

Description

Legal testimony concerning a partnership release from a commenda. Dated: 12 Nissan 1409 Sel. (1098 CE). Abū al-Ḥasan Yaḥyā ha-Kohen b. Shemuʾel ha-Kohen al-Baghdādī and ʿUlla ha-Levi b. Yosef ha-Levi al-Dimashqī release Abū al-Barakāt Mevorakh al-Ḥalabī b. Shelomo from any further claims on their partnership — called shirka, mu‘āmala and muḍāraba (commenda) variously throughout the document, though some of those terms are used in the course of legal indemnification clauses, so don't necessarily reflect the exact structure of the partnership. Abū al-Ḥasan Yaḥyā ha-Kohen b. Shemuʾel ha-Kohen al-Baghdādī and ʿUlla ha-Levi b. Yosef ha-Levi al-Dimashqī testify that they gave Abū al-Barakāt Mevorakh al-Ḥalabī b. Shelomo 100 dinars, which he took to Yemen as the active partner; on his return, he gave them back their capital and the profit he accrued. This is one of three documents in Lieberman's corpus involving Abū al-Ḥasan Yaḥyā ha-Kohen b. Shemuʾel ha-Kohen al-Baghdādī and ʿUlla ha-Levi b. Yosef ha-Levi al-Dimashqī; the others are T-S 8J4.11 and T-S Misc. 27.4.29. Lieberman additionally points to CUL Or. 1080 J73 as concerning the same business partners, as well as ENA 4020.2, also a partnership release. One source of the investment capital of Yaḥyā and ‘Ulla could be a money-changing stall (dukkān al-ṣarf), mentioned in TS Misc 27.4.29, and one of Yaḥyā’s partners in ENA 4020.2, verso, is a money-changer (l.16). Possibly in the hand of Hillel b. Eli, but not in Weiss's corpus. (Information from Lieberman, "A Partnership Culture," 27–32)