Letter: T-S 13J9.11
Letter T-S 13J9.11Tags
Description
Letter and a responsum, on either side of the same sheet of paper, detailing the story of a man in distress, particularly because of debt. The letter likely concerns an earlier stage of the case, discussed in yet another responsum. The handwriting looks like Berakhot b. Shemuel. (Mark Cohen, The Voice of the Poor in the Middle Ages, Princeton University Press, 2005, 80-2) EMS
Edition: Goitein, S. D.
Translation: Friedman, Mordechai Akiva (in English)
T-S 13J9.11 1r
Transcription
S. D. Goitein, unpublished editions.- אלממלוך יקבל אלארץ לפני הדרת מושב אד[ונינו
- ירומם ויגדל ויחיה לעד וינהי //אנה// כאן קד אחצר
- לפני הדרת מושבו ירומם רקעת תתצמן בעץ
- שרח חאלה פכרג בעץ תלאמית סיידנא ודכר
- ללכאדם ען מולאנא אנה ליס יתהיא לה אנגאז
- אלחאל אלי בעד אלמועד וקד תקדם ועדהא אל
- כרים באנגאז מא תצמנה עלמהא ואלכאדם
- עלי חאל אלתלאף פי גמיע אמורה והו יסאל
- מן אחסאנהא אן לא תגפל ענה ותלתפת לצעפה
- ולקטעתה אלתפאת אן כולי פקד וצלת אלסכין
- אלעטם ואשד מא עליה אמר הדא אלמדאיין
- וכונה מן אטראף אלנאס והו מעדור ואנא אל
- טאלם לה ולנפסי ומא אלומה וקד וקעת מעה
- בעונותי הרבים ואלגאיה פי דלך ענד אגתמא[ע
- אלמולי באלרייס אלגליל מרנו ורבנו אברהם //הרב הגדול// ירום
- הודו ויגדל כבודו ינהי אלמולא לה מא קד צח
- ענדה מן אלאחואל אלכאדם יסאלה פי תחציל
- סתין דרהם מן אי גהה אן כאנת ותסייר ורא
- אלגרים וסואלה [[אנה]] //באן// יקסט אלמבלג עשרה
- דראהם פי כל שהר פהו טלב דלך למא עלם
- אלחאל ואשתהר לה //פי אנאפה מן אלעסרה(!)// פאן אלשטר אלדי בידה
- תקסיטה עשרין דרהם פי כל שהר ויועד
- בנקד אלסתין דרהם קסט סתה אשהר פאן
- אנפעל דלך וכאן תם מסעאדה מן אללה בזכות
- סיידנא פאן אלאמר יהון וינדפע אלחאל אלי בעד
- פסח אנשא //אללה// פדלך יכון בסעאדה סיידנא ובזכות
- ואלדה זצל אנהי אלכאדם דלך בעד תקביל
- קדמיהא ושלומה של הדרת אדונינו הקדושה
- תגדל ולעד אל תדל נצח סלה אמן
Translation
Mordechai Akiva Friedman, "Responsa of Abraham Maimonides on a debtor's travails," Genizah research after ninety years, the case of Judaeo-Arabic : papers read at the third Congress of the Society for Judaeo-Arabic Studies (Cambridge: Cambridge University Press, 1992), 82-92.Recto
His servant kisses the ground before the excellent seat of our lord, may it be elevated and increased, and may he live forever. He informs him that he had presented to his excellent seat (court), may it be elevated, a note containing some details about his state. Then one of our lord's disciples came out and mentioned to his servant in the name of our master that it will not be possible for him to take care of the matter until after the holiday. But he already gave his generous (or: eminent) promise to take care of that with which he is familiar. His servant is at the point of ruin in all of his affairs. He asks of his grace not to neglect him and to give complete attention to his weakness and his estrangement. For the knife has already reached the bone. And his greatest calamity is the business of this creditor and the fact that he is of the upper class, so that he is justified and I am the one who wrongs him and myself. And I do not blame him, for it is because of my many sins that I have fallen in with him. The objective of this (petition) is that when our lord meets the venerable head, our master and teacher Abraham the great rabbi, may his majesty be elevated and his honour increased, he should inform him of what he knows to be true about his servant's affairs and request him to secure sixty dirhems any way possible and to send for the creditor to ask him to agree that the sum be paid in instalments of ten dirhems per month. For he (the creditor) sought this, since he knows the situation and is well aware of the difficulty I am in. For the bill that he holds is payable in instalments of twenty dirhems per month. And let it be promised to him that the sixty dirhems be paid for a six month instalment. If this is done, it will be support from God, because of the merit of our lord - If the matter is made little of, and the affair is postponed until after Passover - if God wills, this will be with the assistance of our lord and the merit of his father (may the) m(emory of the) p(ious be a) b(lessing). His servant has informed him of this after having kissed his feet. May the peace of our excellency, our holy lord, increase and never decrease. Forever, selah, amen.
Recto
Your s[la]ve kisses t[h]e ground [be]fore the excellent [seat of our lord], may it be uplifted and increase and may you live forever, and informs you that I had presented before your excellent seat, may it be uplifted, a petition containing a partial explanation of my situation. One of the students of our lord came forth (from the capital, apparently) and told your servant (i.e., the writer) on behalf of our master that you would not be ready to execute the matter under after the holiday. You had earlier generously promised to execute the matter as it was known to you. Your servant is in a desperate situation in all his affairs and I ask you in your munificence not to neglect me but to pay full attention to my weak state (meaning, poverty) and desolation. The knife has reached the bone. My greatest adversity is in the matter of this creditor and the fact that he is one of the better people, so that he is justified and I am the one who wrongs him and myself. I do not blame him, for I have fallen in with him because of my many sins. The purpose of this (petition) is that when my master meets with the illustrious head, our master and teacher R. Abraham the great Rav, may his glory be exalted and his honor increased, you, my master, should tell him what you know to be the truth of your servant’s situation and ask him to procure 60 dirhems in any way possible and send for the creditor and ask him to divide the sum into installments of 10 dirhems per month. That is what he requested, since he knows (my) situation. He is well aware of my extreme predicament. The writ in his hand divides it into 20 dirhems per month. Let it be promised to him that the 60 dirhams be paid in six monthly installments. If that is done, it will be help from God by the merit of our lord. The matter is easy. The matter can be paid off by the end of Passover, God willing, with the help of our lord and by the merit of his father, (may) the m(emory of) the r(ighteous be) b(lessed). Your servant has informed you of this after having kissed your feet. May the welfare of his excellence our holy lord, increase forever and never diminish. Forever, sela amen.
Recto
- The slave kisses the ground before the glorious presence of our lord,
- may he be exalted, magnified and live forever, and informs (him) that he (the petitioner) had submitted
- before the glorious presence, may he be exalted, a petition containing
- some explanation of his situation. Some of the students of our lord (the Nagid) came out (from the capital) and mentioned
- to (your) servant on behalf of our master that he (the addressee) would not be ready to finish
- the matter until after the holiday. He (the addressee) had previously generously promised
- to execute the matter as it was known to him. The servant is
- in a desperate situation in all his affairs. He (the petitioner) asks
- of his (the addressee's) munificence not to neglect him, but to protect him in his weak state
- and isolation. The knife has reached
- the bone. His greatest adversity is in the matter of this creditor
- and the fact that he is from among the extreme people (aṭrāf al-nās). He is justified, whereas I am
- unjust toward him and myself, and I do not blame him; I have fallen in with him
- _because of my many sins_ (Heb.). The purpose of this (petition) is that when
- the master (the addressee) meets with the illustrious head (of the Jews), our master and teacher Avraham, the great rabbi, may his glory be exalted
- and his honor increase, my master should inform him what he knows
- to be the truth of your servant’s situation and ask him to procure
- sixty dirhams from anywhere possible and send for
- the creditor and ask him to divide the amount into (installments of) ten
- dirhams per month. For this is what he requested when he learned of
- the situation (in which I find myself). He is well aware of my extreme predicament, since the legal document in his hand
- divides it into twenty dirhams per month. Let it be promised
- that the sixty dirhams be paid in six monthly installments. If
- that is done, it will be help from God _by the merit_ (Heb.)
- of our lord. The matter is easy. The matter can be put off until the end of
- Passover, God willing, with the help of our lord and _by the merit_
- of his father, may the memory of the righteous be a blessing. The servant has informed (you) of this, after having kissed
- his (the addressee's) feet. May the welfare of his excellency, our saintly lord,
- increase forever and never diminish. Forever, sela amen.
T-S 13J9.11 1v
Verso
- פי ראובן עליה שטר חוב [
- והו עדים אלופא ומא לה מא יקתאת בה לא
- הו ולא עאילתה חתי אנה לו מכן לחלף
- לכצמה שבועה חמורה באן מא לה ולא
- ימכנה ואן בעץ אלקות ואלכלף מא ביעינה
- פיהם אלא גירה וכצמה ביצגטה וירפעה
- לנימוסי גויים אנה אקר לה קד יכון אלם
- ויעתקלה ולא ילתפת לחכם שריעה ישראל
- ואן הו אנכר פקד ילזמה אלקאצי בשבועה
- פיתקי אלעונש יורנו הל [[אנ]] אדא תעדא אלכצם
- אלמתעדי ורפעה לנימוסי גויים הל יבאח לה
- אן יחלף אן לא חק לה ענדה בהדא אלחכם
- ויכון מכלץ אם לא והל ילזם אלדין ענד מא
- אשתהר //לה// חאל אלמדיון ועלם חקיקת
- עדמה כאן יסייר ורא אלכצם אלאלם ויקול לה
- אן אנת רפעתה לנימוסי גויים לא חק יבק לך
- ענדה וילזמך //פי שרע ישראל// כית וכית יורינו רבינו ושכרו
- כפול מן השמים
Verso
Concerning Reuben against whom there is a bill of debt [...], and he lacks the means to pay and does not have that with which to support himself or his family, to the extent that, were he able, he would swear to his fellow litigant with a solemn oath that he has nothing and is without means. And some of the food and furnishings are not designated for him but for others. And his opposing party is oppressing him and summons him to a gentile court. If he admits it, he (the creditor) may become violent and have him arrested. And he does not heed the ruling of Jewish law. If he denies it, the qāḍī may require of him an oath, and he is afraid of the (heavenly) punishment. May he instruct us: if the violating opposing party transgresses and summons him to a gentile court, is he allowed to swear that he does not owe him anything in this case and be virtuous or not? And, being well aware of the state of the debtor and knowing the truth of his destituteness, may the judge send after the violent opposing party and tell him, "if you summon him to a gentile court, you will no longer have any claim on him and you will be obligated such and such by Jewish law"? May our lord instruct us and may he be granted a double reward by heaven.
Verso
Concerning Reuben against whom there is a bi[ill of debt…,] and he lacks the means to pay and does not have that with which to support himself or his family to the extent that, were he able, he would swear to his fellow litigant with a solemn oath that he has nothing and is without means. And some of the food and furnishings are not designated for him but for others. And his opposing party is oppressing him and summons him to a gentile (i.e., Muslim) court. If he admits it, he (the creditor) may become violent and have him arrested. And he does not heed the ruling of Jewish law. If he denies it, the qāḍī may require of him an oath, and he is afraid of the (heavenly) punishment. May you instruct us: if the violating opposing party transgresses and summons him to a gentile court, is he allowed to swear that he does not owe him anything in this case and be virtuous or not? And being well aware of the situation of the debtor and knowing the truth of his destitution, may the judge send after the violent opposing party and tell him, “if you summon him to a gentile court, you will no longer have any claim on him and you will be obligated such and such by Jewish law”? May our lord instruct us and may he be granted a double reward by heaven.
Verso
- Concerning the matter of Reuben, who has a bill of debt […]
- and lacks the means of paying it, and does not have the means to support either
- himself or his family, to the extent that, if he were able, he would swear
- to his fellow litigant with a _solemn oath_ (Heb.) that he has nothing and is without
- means, and that some of the fodder and furnishings are not designated to him
- but to others, and that his opposing party is oppressing him and summons him
- under gentile law. If he acknowledges (the debt before a notary), perhaps (the creditor) will make him suffer,
- have him arrested and not abide by the ruling according to Jewish sharīʿa.
- If he denies it, the qāḍī may require him to swear _an oath_ (Heb.),
- and he would be afraid of (divine) _punishment_ (Heb.). Instruct us: if the violating litigant
- transgresses and summons him to a gentile court, is he allowed
- to swear that he does not owe him anything according to this ruling
- and be exonerated? Is the debt binding given that he (the creditor) was
- aware of the debtor's situation and knew the truth of
- his destitution — may he send after the violating litigant and tell him,
- “if you summon him under gentile law, you will no longer have any claim
- on him and you will be obligated by Jewish law to do such and such”? May our lord instruct us and may he be granted a double reward
- from heaven.