Scholarship on Legal document: T-S 13J8.12 + T-S 8J4.7

T-S 8J4.7 recto

1. Testimony which was given before us—we the witnesses whose signature is at the end of this document:
2. on which was of the month of Adar of the year one thousand and three hundred and ninety-five
3. years, according to the count to which we are accustomed, in Fusṭāṭ Egypt, situated on the Nile River. [Thus:]
4. Mr. Moses b. Abraham (who) r(ests in) E(den) came before us and said thus: “Testify on my behalf, and perform a qinyan
5. with me, effective immediately, using all the language of claims, write and sign it and give it to (his) hon(or, our) tea(cher) and m(aster) A[mram]
6. the Elder b. (his) ho(nor,) gr(eatness and) ho(liness, our) tea(cher) and ma(ster) Joseph he-Ḥasid m(ay his) s(oul be) b(ound up) i(n the bond of) l(ife,) in order that he would have a title of right and proof.
7. That took place in accordance with my intention and approval, in the soundness of my mind and body and the freedom of my will, willingly, without duress
8. or force, with neither compulsion, negligence nor error, nor defect therein, nor disease, nor any of the like [from]
9. all the factors which invalidate testimony, rather with a full heart and a desirous spirit, that I transfer to him //effective immediately// fou[r]
10. cubits of land from my portion in the Land of Israel as a complete, clear and publi[c] gift,
11. given and accepted in his hand from this day forward, and appointing him upon them (my) representative
12. agent, to extract and receive for himself that due me with M(r.) Maḥbūb b. Ḥibān,
13. being a small leather scent-bag which I sent to him by (our) tea(cher) and m(aster,) this Amram //in the amount of their parcel// a deposit with a formal friend (ṣuḥba) of Ḥassūn ha-Levi b.
14. Solomon (who) r(ests in) E(den) in his parcel, and I will take delivery of it (the small leather scent-bag) from this Ḥassūn in al-Maḥdiyya, and therein is golden jewelry (worth) 15 thousand
15. and a purse containing carnelians, beads, lapis lazuli, and crystal, and two Muslim rosaries //of carnelian and teeth,// long ones. Likewise, further, I sent
16. […] to me some of its price and […]

T-S 13J8.12 recto

1. to him before the payment to me […] unpierced […]
2. he has, in his document and in his reckoning, six dinars and a half. He promised me that he would send it […]
3. after that year, but he did not send me anything neither from the aforementioned six dinars and a half
4. the small leather scent-bag which I had sent to him through (our) tea(cher) and m(aster), this Amram, nor from the pre-existing (debt)
5. which was six and a ha(lf), which I sent him by means of (our) tea(cher) and master Nissim b. Solomon (who) r(ests in) E(den).
6. He received all this for himself and benefited therefrom and took them for himself. When I brought (the matter) to
7. adjudication //and I had// established that he take may legal action from now on in the matter, in the court of his choosing, and to announce and to pronounce a ban
8. and to fix testimony upon it, and to swear concerning it or to settle however he sees (fit). Likewise, further,
9. I have given him permission to fix a time (for adjudication) and to nullify a time (for adjudication) and to establish legal claims and proofs and to nullify legal claims
10. and proofs, that which he sees fit is as though I saw it fit. Likewise, I have appointed (our) tea(cher) and m(aster), this Amram, or whomever
11. he stands in his place, to deliver all that which he receives from this Mr. Maḥbūb in the sea with
12. one of our fellows. Likewise, I have appointed this Mr. Amram to release this Mr. Maḥbūb
13. and guarantee delivery to him on my behalf //therein,// since I have made his receiving (the payment) like my receiving (the payment), and his settlement like my settlement, and his release like my release,
14. and his guarantee of responsibility like my guarantee. Whatever (our) tea(cher) and master, this Amram, does this with this counterparty of mine,
15. M(r.) Maḥbūb, with respect to all //that with which he was entrusted therefrom// is acceptable to me effective immediately. I cannot say to (Mr. Amram), “(I retained you) to fulfill my (agency)
16. and not to misrepresent me.” Likewise, further, I have appointed (our) tea(cher) and master, this Amram //to appoint// whomever he chooses of his (own) will,
17. that which he sees fit is as though I saw it fit, and whomever he appoints as though I, Moses, have appointed him. I am not able to sue (him) for
18. anything he does. Everything that is imposed by the court of law, I accept upon myself, effective immediately, whether for (my) credit or for (my) debt,
19. for this Mr. Amram and for whomever he might appoint and stands in his place. Likewise, further, I have declared (our) tea(cher) and master, this Amram
20. to be trustworthy in his word as two proper witnesses, who is (therefore) not obligated in any oath of any
21. type, even rider oaths and even ḥerem setam. He is also free from all types
22. of oaths and he is completely free and completely released (from any obligation), both in (my) heart and by means of oral (testament), in this world
23. and in the world to come. Further, I have declared that effective immediately his agent will be trusted //as two proper witnesses// concerning the matters of this settlement, and I have taken
24. upon myself responsibility for all this—upon myself and upon my heirs after me—for (our) tea(cher) and m(aster), this Amram,
25. and upon his heirs after him, as (this agreement) is not like promises and not like formularies, but rather
26. (bears) the weight and force of documents of the court which the Sages enacted and which are universally followed, from this day forward,
27. forever, nullifying all secret dispositions and conditions which would nullify anything from this power of attorney. We,
28. the witnesses, performed a qinyan with this Mr. Moses b. Abraham and with (our) tea(cher) and master, this Amram b. (his) h(onor,) gr(eatness, and) ho(liness)
29. (our) tea(cher) and m(aster) Joseph the Ḥasid, concerning all that is written and specified above, with an item suitable for doing so.
30. Proper and enduring. We wrote and signed and gave it to (our) tea(cher) and m(aster), this Amram, in order that he would have in his hand
31. a title of right and proof. Hanging: “effective immediately” : “if he appoints” : The above is enduring and this is its confirmation. Upon an erasure:
32. “and a judg(ment)” : Enduring and this is its confirmation.