Legal document: ENA NS 17.31

Description

Legal document. Court record. Dated: 1084. Location: Fustat. This document contains a partial court record of a partnership between Yefet b. Wad‘a and Abū Zikrī. While Abū Zikrī was away travelling, Yefet invited Sa‘āda to join the partnership, for which Sa‘āda was to be paid 1.5 dirhams each day. Sa‘āda purchased henna for the partnership, and he called the court to validate his testimony that the value of the henna had dropped. As Yefet both invited Sa‘āda to the partnership in the absence of Abū Zikrī and agreed to pay him a daily wage, he appears to have been either the senior partner or a passive investor, while Abū Zikrī and Sa‘āda are active partners. Given that Yefet has invited Sa‘āda to join the extant partnership (instead of contracting a new partnership with Sa‘āda) Yefet and Abū Zikrī likely both had capital investments in the intial partnership, and Yefet had the task of investing the joint capital while Abū Zikrī pursued other trading opportunities. Unusually, the agreement between Sa‘āda and the other two partners required him to take an oath attesting to partnership accounts should the partnership assets lose value. The remainder of the document (lines 8-28) is a draft of a marriage agreement of a couple who were divorced in Tyre and subsequently reconciled in al-Mahalla. It provides specifics as to the dowry (including money, textiles and clothing, a drinking cup, and a mirror) but lacks the names of the relevant parties. This fragment may have been a page from a notary’s register. (Information from Lieberman, "A Partnership Culture", 75-76)