Letter: Bodl. MS heb. d 66/16

Description

Recto: Petition to Masliah Gaon from a woman wishing to have a divorce. Probably 1127 CE. Discussed in detail, with translation, in Oded Zinger's dissertation, pp. 201–02: 'Malīḥa bt. Abū al-Faḍl wanted a divorce. She claimed that her husband suffered from many illnesses and that his children from a previous marriage were irreligious. Malīḥa feared for the well-being of her children were she to die. We have a resolute petition written on her behalf to the head of the Jews, Maṣliaḥ ha-Kohen, informing him of the following: "I am the wife of Adam, the money changer. For the past eight months, I have asked repeatedly for divorce, but could not obtain it. I had thought that with the arrival of your most venerable presence, you would not postpone giving a ruling to me or to another (on my behalf) a single hour. He is a man afflicted with many illnesses and sicknesses. He has children far removed from religion and others. The servant fears lest what is sealed upon people (i.e. death) overtake him, or me. There is no assurance what will happen with him and with my children.1 By the divine law that you possess! Examine my state and quickly issue a verdict, whatever it may be.2 The servant appointed a representative, but from all that was done to the man; he said that he would not return to mediate between us. The servant is bashful, I do not have a tongue to speak with. By your parents! Examine my state and please liberate me.3 .... All that I want is the liberation of the servant, by any means necessary. And what the divine law obligates."4 We hear of Malīḥaʼs ultimate success in her bid for divorce in another document, T-S 8J5.4 2v. A four-line entry in a page from a court notebook records that on 28 June 1127, Malīḥa appointed Nathan ha-Levi b. Abraham as her representative to sue her husband. This short entry is followed by another entry recording an unrelated appointment of a representative. The next entry in the court notebook, however, records that on the very same day, a cantor who was one of the witnesses of the first appointment came to the court with two parnasim from the community. The three men declared to the court that they had made the symbolic purchase from Malīḥa confirming that she relinquished the entirety of her meʿuḥar and was willing to take an oath over her claims regarding the dowry. Her husband also made the symbolic purchase confirming that he had no claim over her. It appears that Malīḥa got her divorce.'5 Margins of recto, and verso: Copious jottings in Hebrew and Arabic script. It is unclear how much, if any, pertains to the main letter on recto. Shelomo ha-Levi b. Moshe is named. Many of the Arabic writings appear to be formulaic phrases from a letter to a dignitary (titled in one place Imam and Amir), probably scribal practice.