Scholarship on Legal document: Bodl. MS heb. a 3/40
Legal document Bodl. MS heb. a 3/40- Bibliographic citation
- S. D. Goitein, index cards.
- Location in source
- Relation to document
- Discussion
- Bibliographic citation
- Oded Zinger, "Women, Gender and Law: Marital Disputes According to Documents of the Cairo Geniza" (PhD diss., n.p., 2014).
- Relation to document
- Digital Translation
Translator: Zinger, Oded (in English)
Bodl. MS heb. a 3/40 40 recto
Recto
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The testimony which took place before us, we, the undersigned, thus: ʿAmāʾim bt. Mr. Berakhot,
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the elder, m(ay he rest in) E(den), mentioned in this ketubba, came before us and called upon us to witness concerning her with neither duress, nor
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force nor compulsion, that she has received and accepted all of the dowry ascribed to her as owed by
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her husband, Mr. Solomon ha-Kohen b. ʿObadya ha-Kohen, m(ay he rest in) E(den), in this ketubba except for three items
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and no more. These items are: the copper lamp, the bucket, and the embroidered Iranian pillow. She released him,
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as of now, as long as he lives and his heirs after him, from any attachment, demand and responsibility she is
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owed by him in this matter, and from any demand over belayot or over any item, and from all oaths and even a general
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ban, a complete and total release. Nothing of the dowry which she brought into the marriage contained in this
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ketubba remains as his debt to her, except these three items, nothing more.
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They remain as his debt to her with the rest of her delayed marriage gift, since she did not relinquish any of it, because it was
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with his desire and will that he gave her the aforementioned dowry items. We made the symbolic purchase about this,
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after affirming her identity, with a complete and rigorous purchase with an instrument fitting for purchase, as of now,
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cancelling any notifications and conditions. The one who verified her identity to us was Faḍāʾil son of Abū Saʿīd,
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may (the Rock) pre(serve him), b. Yakhīn, the cantor, m(ay he rest in) E(den). Then, we also made the symbolic purchase from her husband, the aforementioned Mr. Solomon ha-Kohen, with a
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complete and rigorous purchase with an instrument fitting for purchase, as of now, cancelling any notifications and conditions that he will not
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deprive her of any of her delayed marriage gift. All of it remains as his debt to her with the
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three items mentioned above. He gave her the the dowry items willingly, from which
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she has now released him. She has full disposition (taṣarruf) with it (i.e. the dowry items) as she chooses. No
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attachment to it (i.e. to the dowry items) nor objection remains for him against her. He will not beat her and will keep good companionship
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with her. We wrote and signed this testimony so it will be for both of them a proof and evidence. We have also registered
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the symbolic purchase from both of them in a deed given to the aforementioned Mr. Solomon ha-Kohen.
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All this took place in the last ten days of the month of Ṭevet, 1443AG (=1132CE),
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according to the dating of deeds, in Fustat-Mitzrayim situated upon the River Nile under the authority
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of our lord Maṣliaḥ ha-Kohen, head of the Academy of the Pride (Gaon) of Jacob, may he live forever. True, clear and established.
Nathan ha-Kohen b. Solomom ha-Kohen, m(ay he rest in the) G(arden of) E(den). M(onth of) Ṭ(evet) y(ear) 1443AG (=1132AD).
Meshullam b. Menasse, he-ḥaver, (may his) E(nd be) G(ood).
Nathan b. Samuel, he-ḥaver, (the) M(emory of the) R(ighteous be) B(lessed).