Legal document: T-S 28.6
Legal document T-S 28.6Description
Legal document. Record of release. Abū Sa‘d Abraham ha-Kohen b. Daniel releases ʿAbdallāh ʿOvadya b. Meshullam al-Ṣūrī from their partnership in weaving. The terms of the dissolution require Abraham to pay Obadiah 10 dinars. Following the dissolution, each partner is allowed to work on his own in the same industry, both individually and with other partners. Presumably each of the partners committed all his efforts and production to the partnership, to the exclusion of other business transactions, prior to the dissolution. The agreement between Abraham and Obadiah may have forbidden the investment of cash or goods in a commenda. (Information from Lieberman, "A Partnership Culture," 157) Goitein gives the date as 23 Tammuz 1390. (Information from Goitein, index card #8555)
Edition: Ackerman-Lieberman, Phillip
Translation: Ackerman-Lieberman, Phillip (in English)
T-S 28.6 1v
Transcription
Phillip Ackerman-Lieberman, "A Partnership Culture" (PhD diss., n.p., 2007).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).T-S 28.6 1r
Recto
- Proceedings (of what) took place before us—we, the undersigned witnesses—Abraham ha-Kohen b. Daniel
- //and Obadiah// ‘Abd Allah b. Meshullam al-Ṣūrī came before us after the (court) session which [they] attended […] … between the two of them
- and settled what was between the two of them on the condition that each of them would take the […] from the stock between the two of them […]
- //between the two of them// twenty dinars from the two of them, and //Obadiah// ‘Abd Allah said that with […] …
- the joint enterprise (mu‘āmala) which they had in it, and on the condition that … the right of ‘Abd Allah […] … from
- these partners was upon him and upon this Abū Sa‘d his partner //equally.// Furthermore, if there was a surplus, it would be for the two of them
- equally. Then M(r.) Abraham ha-Kohen b. Daniel said to us, “Testify on my behalf, and perform a qinyan with me effective immediately
- using all the language of claims, write and sign and give it to this Obadiah b. Meshullam my partner, in order that he would have proof
- and a legal claim effective immediately. This happened in accordance with my free will, not under duress or compulsion, nor the like from any
- of the factors which nullify testimony, but rather with a full heart and a desirous spirit, I attest before you that I have settled (my) account with him in
- […] … dinar. I, Abraham ha-Kohen, have received
- … which is that … from this aforemen[tioned] twenty dinars
- which are allocated to me from this stock … and I have no (further right) therein (to claim) from him, … nor any claim, and he terminated me …
- … work from today onward on his behalf, I have no claim upon him in this dispute, nor claim nor any demand concerning all
- the causes and reasons neither //in that which// he has transacted therein, nor in that which he has worked therein in the production of weaving …
- And now each of us will work and labor for himself. I have taken upon myself—I, (Abraham b.) Daniel ha-Kohen, responsibility for this ten dinars,
- upon myself and upon my heirs after me, for M(r.) Obadiah b. Meshullam and his heirs after him, nullifying all secret dispositions and conditions
- which may be made for me and which I have made concerning this document, as a decree of the Sages, for this is not like promises and not like formularies, but rather
- (bears) the weight and force of all documents of the court which the Sages decreed and which are generally employed effective immediately. We performed a qinyan wi[th Abraham]
- ha-Kohen b. Daniel and with M(r.) Obadiah b. Meshullam, concerning everything written and specified above. Proper and enduring. That [which]
- happened before us, we wrote and signed //on Thursday, the twenty-third day of the month of Tammuz, of the year one thousand three hundred// and we gave it to M(r.) Obadiah b. Meshullam, that he would have a title of right and proof from [now on.]
- I attest before you that I have settled (my) account with him … which was with us … total […]
- and I have received that which is allocated to me from this stock, which is ten dinars. I have absolved him o[f …]
- And now, each of us will work //from today// onward on his own behalf. I have no dispute, nor a claim, nor any claim concerning all conc[erning] all that he has done
- for any cause or reason, neither in that which he transacts therein, nor in that which he partners therein, since we have separated,
- each of us working for himself, for profit or loss. I have taken upon myself—I, Obadiah b. Meshullam, respon[sibility for]
- the aforementioned ten dinars, upon myself and upon my heirs after me.
Margin, 180 degrees to main text
- release […]
- (which is) total, complete, terminating
- for all the claim[s]
- and demands
- release […]
- that I …
- … Abraham
- and my heirs after me
- …
- the Noble …
- therein … and therein
- …
- from it and from us and no
- more
- nor merchandise
- nor … nor
- silver nor …
- guarantee nor
- that which …
- was mentioned, nor that
- which was not
- mentioned, …
- they are free
- from all types of.
90 degrees to main text
- him
- and in complete absolution,
- both with oral testament and in (his) heart, in this world
- and in the next, from all that
- which proceeded between us from the beginning of time
- [from the beginning] of time until
- now, except for this
- aforementioned
- according to the explanation presented
- in this document.
- I wrote this
- document for him, in order that he would have
- … ordered, pro[per]
- and enduring and durable, u[p]on me—
- I, Solomon b. Abr[aham]
- and upon my heirs after me, according to which they will be successful in their plea before any
- [co]urt forever. …
- His heirs after him attain …
- therein …
- upon me and upon my heirs after me, with the most certain
- expressions of responsibility,
- I free and release (him) from
- payment for any provisions,
- or (any) loss
- therein, from the value of a farthing or
- above, for this is not like pro[mises]
- and not like formul[aries]
- but rather (bears) the weight and for[ce] of all
- documents of the court
- which the Sage[s] [decreed] and which
- are generally emp[loy]ed fr[om]
