Legal document: T-S 13J2.5

Description

Legal document. Record f release. Dated: February 1095. Location: Fustat. This document was drawn up following the termination and settlement of a commenda between Solomon b. David al-Dustarī/al-Tustarī and Benaiah b. Moses. As part of the settlement, Solomon was allocated ten dinars and change, five dinars and one qirāṭ to be paid immediately by Benaiah. The balance is to be collected by Solomon, acting as an agent to collect on debts owed by Jacob al-Ḥarīrī and Jacob al-Ṣabbāgh to Benaiah. The debtors will then make monthly payments of the balance to Solomon. Benaiah stands as guarantor for the debts. This document is a final release from Solomon to Benaiah, leaving only the uncollected debts. Goitein writes that "the investor lost almost 50 out of 70 dinars confided to an overseas trader, but was convinced by ‘the elders of the community’ that he had no claim against him." The "convincing" seems to have been the normal settlement procedure required for release; though the document refers to the agreement as a commenda (muḍāraba), its details don't confirm that it totally follows the model of the Islamic muḍāraba – for example, the active partner is left owing funds to the investor, suggesting that simply liquidating the invested assets was insufficient to satisfy his obligations to the latter. However, had the active partner borne no responsibility for loss (as in an Islamic muḍāraba), this would have sufficed. The verso – as yet untranscribed – is a form for a power of attorney, with "John Doe" substituted for parties’ names. This document seems to be unrelated to the recto, despite the allusion to a power of attorney ("wakāla"). (Information from Lieberman, "A Partnership Culture," 215)