Legal document: T-S 20.160

Legal document T-S 20.160

What'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.)

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T-S 20.160 1r

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Mordechai Akiva Friedman, "Pre-Nuptial Agreements with Grooms of Questionable Character: A Geniza Study," Diné Israel 6 (n.p., 1975), 105-122.

Recto

  1. A memorandum of testimony that was before us, we the witnesses who sign below on this

  2. document: Toviya b. Eli b. Khalaf said in our presence, "Be my witnesses and perform the binding symbolic act (qinyan) with me,

  3. 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

  4. 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

  5. in her possession as a deed conveying rights in the future. Because I declare in your presence — in a complete declaration, of my free

  6. will, of my desire and my wish, with my complete senses and choosing, and with my firm willingness, not coerced

  7. nor erring nor deceived, rather with whole heart and a willing desire, with fixed will and a sound 

  8. body, firm in mind, fast in thought — that I perform a symbolic binding act (qinyan) now upon myself, before I marry 

  9. her, that from the time this Fā'iza enters my home, I will conduct myself with her as the best decent

  10. Jews do with decent Jewish women; to pave righteous paths and to abandon [...]

  11. subversion and perverseness. I will associate with proper men and not associate with

  12. corrupt men. I will not bring into my house licentious men, buffoons, frivolous

  13. jesters, and good-for-nothings. I will not enter the house of anyone who clings to licentiousness,

  14. corruption, and ugly deeds. I will not associate with them for food and drink

  15. or anything else. I will not purchase for myself a slave girl — as long as this Fā'iza is with me

  16. in marriage except with her explicit consent. I will not leave Fustat, Egypt,

  17. to travel abroad, as long as Fā'iza is with me, unless she agrees and assents.

  18. I, Toviya b. Eli b. Khalaf, undertake all these stipulations, accepting

  19. completely and strictly. I will fulfill them, confirm them, and uphold them. I will not alter them, nor violate them,

  20. nor make them void or null. They are held by me as double, considered

  21. like the stipulations of the sons of Reuben and Gad, with affirmation before negation. If, God forbid,

  22. I should nullify them or any one of them, the court will have the authority to take action against me and to exact

  23. the punishment of heaven from me. And all disclaimers, conditions, disclaimers of disclaimers, and disclaimers

  24. derived from disclaimers, to the last possible disclaimer, which I may have made or which others

  25. may have made for me, or which I might make against this deed of conditions are all void

  26. and nullified in your presence, as of now, with all the terms used by the sages for voiding

  27. disclaimers and conditions. I, Toviya b. Eli b. Khalaf, undertake the security of

  28. this deed of conditions in the strongest and strictest fashion of all verified valid court deeds

  29. established by the rabbis and in common practice from this day and forever, not like asmakhta — collateral

  30. or formularies". We performed the binding symbolic act (qinyan) with Toviya b. Eli b. Khalaf, known as

  31. Ibn Zaffān (Son of a Buffoon), for this Fā'iza, his fiancée, daughter of Solomon b. Nethanel, on all that is written

  32. and specified above, with an implement suitable for performing it. We wrote and signed

  33. on the new moon of Kislev, year 1359

  34. of the era by which we are accustomed to reckon in Fustat, Egypt, which is

  35. situated on the Nile, Strong and valid. Samuel b. R. Abraham, r(est his) s(oul).

  36. Solomon b. Mundhir.

 

T-S 20.160 1v

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