Legal document: ENA 2727.23a

Description

Legal document. Commenda. Following the Talmudic isqa method whereby the agents have some responsibility for losses, the active partner or partners (Abū Sa‘d and his son Abū al-Ma‘ānī) collect 2/3 of the profit and bear equal responsibility for losses, while the investor Abū Naṣr collects 1/3. The divison of losses is not clear due to the manuscript's deterioration. While Udovitch (1970, pg. 239) suggests that the fact that the active partner in a qiraḍ bears no liability for loss is ideal for long distance trade, the partners in this agreement seem to plan to travel and still use the Talmudic model rather than the qirāḍ. (Information from Lieberman, "A Partnership Culture", 45-47)