Legal document: T-S 20.160
Legal document T-S 20.160What's in the PGP
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Legal document. Location: Fustat. Dated: 1 Kislev 1359 Seleucid, which is 22 November 1047 CE. An undertaking by Ṭoviyya b. ʿEli b. Khalaf Ibn Zaffān ("son of the buffoon") before marrying his bride Fāʾiza bt. Shelomo b. Netanel to sever his relations with disreputable people, not to buy a female slave, and never to leave Fustat except with Fāʾiza's consent. Signed by: Shemuel b. Avraham; Shelomo b. [...]. (Information from Goitein's index card.)
Translator: Friedman, Mordechai Akiva (in English)
T-S 20.160 1r
Recto
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A memorandum of testimony that was before us, we the witnesses who sign below on this
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document: Toviya b. Eli b. Khalaf said in our presence, "Be my witnesses and perform the binding symbolic act (qinyan) with me,
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as of now, and write and sign (a deed) binding me, with every term of a deed of right, and deliver it to (our) master and l(ord) Solomon
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the elder b. Nethanel the elder, rest the soul, in order for him to deliver it to Fā'iza, my fiancée, so that it may be
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in her possession as a deed conveying rights in the future. Because I declare in your presence — in a complete declaration, of my free
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will, of my desire and my wish, with my complete senses and choosing, and with my firm willingness, not coerced
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nor erring nor deceived, rather with whole heart and a willing desire, with fixed will and a sound
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body, firm in mind, fast in thought — that I perform a symbolic binding act (qinyan) now upon myself, before I marry
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her, that from the time this Fā'iza enters my home, I will conduct myself with her as the best decent
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Jews do with decent Jewish women; to pave righteous paths and to abandon [...]
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subversion and perverseness. I will associate with proper men and not associate with
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corrupt men. I will not bring into my house licentious men, buffoons, frivolous
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jesters, and good-for-nothings. I will not enter the house of anyone who clings to licentiousness,
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corruption, and ugly deeds. I will not associate with them for food and drink
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or anything else. I will not purchase for myself a slave girl — as long as this Fā'iza is with me
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in marriage except with her explicit consent. I will not leave Fustat, Egypt,
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to travel abroad, as long as Fā'iza is with me, unless she agrees and assents.
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I, Toviya b. Eli b. Khalaf, undertake all these stipulations, accepting
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completely and strictly. I will fulfill them, confirm them, and uphold them. I will not alter them, nor violate them,
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nor make them void or null. They are held by me as double, considered
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like the stipulations of the sons of Reuben and Gad, with affirmation before negation. If, God forbid,
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I should nullify them or any one of them, the court will have the authority to take action against me and to exact
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the punishment of heaven from me. And all disclaimers, conditions, disclaimers of disclaimers, and disclaimers
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derived from disclaimers, to the last possible disclaimer, which I may have made or which others
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may have made for me, or which I might make against this deed of conditions are all void
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and nullified in your presence, as of now, with all the terms used by the sages for voiding
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disclaimers and conditions. I, Toviya b. Eli b. Khalaf, undertake the security of
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this deed of conditions in the strongest and strictest fashion of all verified valid court deeds
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established by the rabbis and in common practice from this day and forever, not like asmakhta — collateral
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or formularies". We performed the binding symbolic act (qinyan) with Toviya b. Eli b. Khalaf, known as
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Ibn Zaffān (Son of a Buffoon), for this Fā'iza, his fiancée, daughter of Solomon b. Nethanel, on all that is written
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and specified above, with an implement suitable for performing it. We wrote and signed
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on the new moon of Kislev, year 1359
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of the era by which we are accustomed to reckon in Fustat, Egypt, which is
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situated on the Nile, Strong and valid. Samuel b. R. Abraham, r(est his) s(oul).
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Solomon b. Mundhir.
T-S 20.160 1v