Scholarship on Legal document: ENA NS 17.35

Recto

1. Record of testimony which was before us, we the [undersigned …]
2. day of the month of Marḥeshvan, of the year one thousand and three [hundred …]
3. according to the count to which we are accustomed in Fusṭāṭ [Egypt, situated on the Nile River …]
4. m(aster) Manṣūr ha-Levi b. Israel (and) […] said to us […]
5. … be witnesses on our behalf, and perform a qinyan with [us …]
6. (using all language of) claims, and give it to the two of us in order that there would be in our hands a title of right [and proof …]
7. (without) duress, but rather with a full heart and a desirous spirit, and [a correct] op[inion …]
8. (that we placed) in a purse two hundred good weighed gold pieces […]
9. gold pieces, and I, Mas‘ūd, have ten gold pieces […]
10. therein in all that is in my hands as merchandise and all types of goods […]
11. transact in any item therein in the manner of all merchant[s …]
12. and in equity, for their right is justice, and from their scales […]
13. may the Heavens bring them mercy, and may he be able to be strong and succeed and […]
14. between the two of us equally, neither of us (receiving) more than [his] fell[ow …]
15. it is also for the two of us, falling into the category of the returns (to capital); and part of the profit thus […]
16. to his fellow with all the returns to the capital and with his profit, but not with the principal and with […]
17. our separation takes place, which will take place with the permission and approval of m(aster) M[anṣūr …]
18. whether there is a loss or a gain, it will be his. I, Manṣūr, will be free (of any further obligation) to him, and the two of us will be …
19. and all that which the Heavens mercifully bestow, even if it is a found item which comes into our hands, will be for both of us.
20. This partnership (shutafut) will be for a complete year, from the aforementioned time until the completion of twelve
21. months, for this is what we have agreed. We have taken upon ourselves the responsibilities of this partnership agreement, as well as upon
22. our heirs after us, upon the best and choice of (our) acquired possessions and assets which we have acquired and
23. possessions which we will acquire in the future; possessions which carry responsibility (of replacement in the case of loss) and possessions which do not carry responsibility (of replacement in the case of loss), which are responsibilities
24. and deposits (which may be used) to repay this partnership (shutafut) agreement, and even from the shirt from our backs, with the force
25. and weight of all documents of admission and loan, and documents of partnership (shutafut), which the Sages decreed and which are univ[ersally] employed
26. from this day forward, for this is not like promises and not like formularies. We performed a qinyan with m(aster) Manṣūr
27. ha-Levi b. Israel and with m(aster) Mas‘ūd b. Mevorakh; and with m(aster) Mas‘ūd b. Mevorakh and with m(aster) Manṣūr
28. ha-Levi b. Israel, concerning all that which has been written and stipulated above, with an item suitable for doing so. Proper and enduring.
29. Jacob b. master Joseph (whose) s(oul is at) r(est) Sa‘īd b. Aaron Blessing surrounding the name of Sa‘īd: (unintelligible)
30. On Friday in a qinyan, the following signed:
31. Abraham b. Ghālib
32. Moses ha-Levi b. David Witness
33. ‘Ezrōn ha-Kohen b. … Hussein Ephraim b. Shemariah