Scholarship on Legal document: ENA 4011.67

Recto

1. Legal proceedings that took place before us, the court and those undersigned with us on this deed: 

2. In the month of Nissan, year 1456 AG (=1145 CE) in Fustat 

3. by the authority of our lord, Samuel the great nagid may his name endure forever (Psalms 72:17). When Abū al-Khayr the elder 

4. R. Mevorakh the elder b. R. Meshulam the elder, m(ay he rest in) E(den), known as 'the dyer' died, his widow, ʿAzīza 

5. bt. Mr. Elʿazar the elder, m(ay he rest in) E(den), known as 'the fractured', presented (to the court) the deed of her ketubah. We found in it that she is entitled to 

6. 552 dinars by way of delayed marriage gift and dowry according to the custom of the land, 

7. i.e. she is entitled by it to a sum of over 250 dinars. We examined whether the ketubah 

8. contains a trustworthiness (clause) that would release her (i.e. ʿAzīza) from the oath incumbent upon her when collecting [what she is] entitled to. 

9. However, we found nothing of the sort and therefore we obligated her (to take) the (widow's) oath when she demands (her) ketubah. 

10. On Wednesday, at the end of the aforementioned month of Nissan, she came to the synagogue. We took out the holy Torah scroll and exacted 

11. the oath incumbent upon her according to all its provisions. By this, she became entitled to what is in her aforementioned ketubah. 

12. Among the things she swore to was that Abū al-Khayr the elder did not leave with her 

13. anything at all from which she could collect her ketubah. We therefore granted her all the possessions that 

14. Abū al-Khayr the elder left her, among them that house, half of which belongs to the pious foundation (qodesh). 

15. Her husband, Abū al-Khayr, had mortgaged half of this house alongside other possessions for 

16. 200 dinars and sold it in a conditional sale. At his (i.e. Abū al-Khayr's) death, the owner was entitled to 

17. twelve payments. Therefore, we, the members of the court, permitted her to recover the possessions from the Muslim, 

18. sell all of them to pay the buyer the debt owed to him over the property. (We also permitted) her to collect 

19. the ketubah to which she is entitled (from) what remains of (the possessions), even if it will suffice only for part (of the ketubah). 

20. If she can find something from which she can collect the rest of her ketubah, she can take it. We recorded all of this 

21. so it will be proof and evidence after today. True, clear, and established. (Signatories:) Natan ha-Kohen b. Solomon ha-Kohen, m(ay he rest in) E(den).

22. Yefet b. Shemarya, m(ay he rest in) E(den).  Abraham b. Ḥalfon, (may his) e(nd be) g(ood), 

Verso, Judeo-Arabic archival note at top of page

The deed (al-sheṭar) about the oath of ʿAziza, the widow of the dyer.

Verso, Arabic script in middle of page

A deed through which the wife of Abū al-Khayr son of the midwife became entitled to her ketubah after taking an oath. She swore