Legal document: Moss. VII,125.1

Legal document Moss. VII,125.1

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Description

Legal notes in the hand of Ḥalfon b. Menashshe (Date: 1100-1138). Partnership record. Seʿadya b. Menashshe ha-Kohen has inherited funds from his father, and places 26 dinars with his maternal uncle Abū Isḥāq Avraham b. Efrayim, who will travel with the funds and remit 11/24 of the profit to Seʿadya’s mother. Avraham’s report of partnership profits is not notarized. The only condition is that Avraham may not invest or lend out the funds to anyone except someone called “Barhun”. Losses are to be split evenly; as the active partner, Avraham is entitled to a larger share of the profits than that for which he would be liable in terms of losses, per Maimonidean criteria (even though the difference between Avraham’s share in the profit and his share in the loss is only 1/24 of the total profit). Per Maimonides, the partners have the flexibility to create such a profit and loss sharing agreement only if they have multiple concurrent business relationships; otherwise the percentage of profits allocated to the active partner must exceed the percentage of losses by at least 1/6 of the total profit, in which case Avraham would have been allocated no less than 2/3 of the profit (since he is to share losses equally with Seʿadya). (Information from Lieberman, "A Partnership Culture", 102)

Moss. VII,125.1 1r

1r

Transcription

S. D. Goitein, unpublished editions.
  1. סעדיה הכהן בר מנשה נע
  2. לה מע כאלה
  3. אבו אסחק אברהם בר אפרים נע
  4. כו דינ יעמל בהא שרכה בינהמא
  5. עלי אן אלכו [[פי דמתה]] לא יסלף מנהא
  6. שי אלא ברהן ואלפאידה [[נצף]] אליג קיראט
  7. לאבו אסחק ואליא קיראט לצאחב אלמאל
  8. אלכסארה אלנצף ואלנצף
  9. והו נאמן פי אלפאידה
  10. וגעל לה אן //יסלם מא// יכצה מן אלפאידה
  11. לואלדתה טול מדה ספרה

Translation

Phillip Ackerman-Lieberman, "A Partnership Culture: Jewish Economic and Social Life Seen Through the Legal Documents of the Cairo Geniza" (PhD diss., Princeton University, 2007).

Recto

  1. Saadiah ha-Kohen b. Manasseh (who) r(ests in) E(den)
  2. has with his maternal uncle,
  3. Abū Isḥaq Abraham b. Ephraim (who) r(ests in) E(den,)
  4. 26 din(ars,) with which he will work, as a partnership (shirka) between the two of them,
  5. on the condition that (from) the 26 in his possession, he will not loan
  6. anything to (anyone) except Barhun. As for profit, 13 twenty-fourths
  7. will be for Abū Isḥaq and 11 twenty-fourths will be for the proprietor of the capital (that is, Saadiah).
  8. As for loss, half and half.
  9. He is to be trusted concerning the profit.
  10. He established for him that //he would hand over that which// is due him from the profit
  11. to his mother for the duration of his journey.

Moss. VII,125.1 1v

1v
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