Legal document: ENA 2738.35
Legal document ENA 2738.35Tags
Input date
In PGP since 2017Description
Legal document. Record of release. Dated: 1169. Location: Fustat. Likely in the hand of Mevorakh b. Natan b. Shemuel. Onetime business partners Abū al-Faraj Yeshu‘a and Abū al-Riḍā release one another from partnership obligations. Line 13 refers to the “oath of partners”, in which the partners swear that they have not engaged in malfeasance or negligence with partnership assets. This phrase is a statement made at the termination of a partnership, particularly where partnership assets have been lost; reports of partnership profits are often more frequent and are often performed during the life of the partnership. The release clauses pair “loan” (qarḍ) with commenda (qirāḍ) because of the linguistic relationship between the two. The release clauses are mutual. Signed by [unclear] b. Ya'aqov ha-Melammed. (Information from Lieberman, "A Partnership Culture", 51-53)
Edition:
Translation: Ackerman-Lieberman, Phillip (in English)
ENA 2738.35 1
Transcription
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
- [...] one thousand four hundred and eighty (years) …
- [(of the Era) of Documents, in Fusṭāṭ Egypt,] situated [on the Nile Rive]r, in the jurisdiction of our lord …
- […] we, the witnesses who have affixed our signature
- [at the bottom of this document. Thus: Abū] al-Faraj ha-Levi (our) tea(cher) and m(aster) Yeshu‘a ha-Levi, the beloved, …. [came before us]
- […] Eleazar the beloved youth b. M(r.) Amram
- […] the partnership (shirka) which
- was between us … […] ... was medicine in the market … and each of us received every claim and demand
- which he had upon the other, and no claim or demand remained for either of us with the other, neither a claim nor a demand, neither a debt,
- nor a pledge, nor a consignment, neither a bill of exchange nor a surety, neither a claim upon a partnership (shirka) nor a joint enterprise (mu‘āmala),
- nor a loan nor a commenda (qirāḍ), neither a claim for an item of trade nor for merchandise, neither a claim for profit
- nor for loss, neither for capital nor for profit, nor for any of the other types of
- its differences of opinion, or of differences in its types or circumstances. Each of us has released
- the other from the obligatory “oath of partners,” incumbent upon one to the other, in this partnership (shirka), as well as other (partnerships),
- and from all the claims and demands, and from the rest of the connections and responsibilities for which each
- of us has (a claim) upon the other, in this partnership (shirka) or in another, from the beginning of time up until now, a
- total, complete, conclusive, correct release, upon each of us and upon our heirs after us, for the other and for his heirs
- after him, with the most certain and perfect stipulations of release. Each of us has released the other from all
- types of oaths, vows and rider oaths which (Jewish) law might require for each
- of us with respect to the other concerning that which has been mentioned above, or in other matters, and even rider oaths
- and even ḥerem setam. Each of us has forgiven the other any claim which (Jewish) law would place upon him,
- with com[plete] forgiveness, and each of us has nullified any determination or interpretation before us
- [… from that which this release includes, or secret dispositions concerning secret dispositions
- […] to the end of all secret dispositions. We performed a qinyan with Abū al-Riḍā al Levi, and with Abū (al-Faraj)
- […] the two of them for all that which this document includes
- […] with an item suitable for doing so, effective immediately, in accordance with our intent
- […] and that which happened before us, we wrote and signed
- […] Everything is proper and clear and enduring.
- [... b.] Jacob the Teacher (who) r(ests in) E(den)
ENA 2738.35 2
