Legal document: T-S 8J5.2

Legal document T-S 8J5.2

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Court register; two folios containing two legal records. Location: Fustat. In the hand of Ḥalfon b. Menashshe ha-Levi. (1) Engagement contract between a divorced man and a divorced woman, following confirmation of their divorces. Dated: 25 Nisan 1443 Seleucid = 12 April 1132 CE, under the authority of the Gaʾon Maṣliaḥ ha-Kohen. The Alexandrian ʿIwāḍ b. Menashshe brings to the court a document in the hand of the cantor Ṣadaqa ha-Levi Ibn Nufayʿ concerning his divorce from Hilāla bt. Yeshuʿa. He also brings as witnesses Shabbat b. Maḥfūẓ al-Bannāʾ (the builder) and Abū l-Khayr Ibn al-Iskandarānī who testify to the authenticity of the signatures on the document and the fact that Hilāla has received her geṭ from ʿIwāḍ. ʿIwāḍ then engages Sitt al-Khawāt bt. Eliyya the divorcee of Yehuda b. Menashshe ha-Levi. Signed by Ḥalfon b. Menashshe ha-Levi, Natan b. Shelomo ha-Kohen, and ʿIwāḍ b. Ṣadaqa. (2) Engagement contract. Dated: 26 Nisan 1443 Seleucid = 13 April 1132 CE. Between Maḥfūẓ/Shemarya b. Yakhin ha-Levi and the orphan girl Sitt al-Kull bt. Avraham. In which the future husband promises inter alia not to do her any harm or to beat her or to leave Fustat (where the orphan's paternal uncle lived). Signed by Natan b. Shelomo ha-Kohen, Ṣedaqa b. Yefet ha-Ḥazzan, and Ḥalfon b. Menashshe. (Information in part from CUDL and Goitein's index cards.)

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Transcription

Translation

Amir Ashur, "The India Trade and the Emergence of the Engagement Contract: A Cairo Geniza Study," The Medieval Globe 3, no. 1 (n.p.: Arc Humanities Press, 2017), 27-46.

Mr. ʿIwāḍ, from Alexandria, son of Manasseh the elder, may he rest in  Eden, came to the court and brought with him a legal deed [shetar] written by Zedaqa Halevi the cantor, may God protect him, known as the son  of Nufayʿ, in which he [ʿIwāḍ] affirmed that he had divorced his wife  Hilāla, daughter of Joshua, by a proxy [wakil] whom she had sent, and that he released her from anything he owes her, and he is guarantor for her regarding this matter. And the court asked him to bring witnesses [shuhud] to support his story, and he brought two witnesses: Shabbat b. Maḥfuz al-Banā and Abu al-Khayr, both from Alexandria. And they both testify that they both recognize the signatures of the witnesses that are signed on the deed [shetar], and that they were both present in Alexandria at the time the aforementioned Hilāla received the bill of divorce [get] which had been written for her, from her husband, the aforementioned ʿIwāḍ. After the court approved all of the above, he [ʿIwāḍ] asked to marry [jīza] in Fustat. Then we joined him [and went to the house of  the prospective bride] and he engaged Sitt al-Khuwāt, daughter of Elijah, may he rest in Eden, the divorcée of Judah Halevi, son of Manasseh, may he rest in Eden, in our presence after we had examined her bill of  divorce, which is dated to the 11th of Av 1442 Era of Documents [8 July 1131], and it was also approved by us. And they both agree that the advance payment [muqdam]  [to the bride] will be four dinars, as a gift from the time of the wedding, of which he [now] brought two dinars, which were given to Yiḥya Halevi, son of Abraham, her sister’s husband,  [in trust] for her, together with a silver ring, in a capacity of deposit [‘alā sabīl al-wadī’a]. And regarding the two remaining dinars, it was agreed  that he shall give them to her at the time of marriage. And the delayed payment [muakhkhar] is twelve dinars, good, excellent. And the marriage was set to take place on the month of Sivan of this year. The fiancé undertook to pay her, in the event that he cancels the marriage, four dinars, as a gift. And [he also undertook] that they will live in Fustat. He  also stipulated that whenever he should ask her to accompany him and visit his family she will not prevent it, as long as he will return her to Fustat. And Yiḥya, her sister’s husband, guaranteed on her behalf that if  she will ask to cancel the marriage, he shall pay four dinars as a present to the fiancé. We performed a qinyan [a legally binding act] between the  fiancé and the aforementioned Yiḥya, with respect to each and every one  of the things ascribed above,  a complete qinyan with a valid legal instrument fit for doing so, effective immediately, nullifying all secret dispositions and conditions. And we wrote and signed it concerning what was  performed before us so that it will stand as a title of rights and as proof.  All of this took place on Tuesday, twenty-fifth of Nisan, 1443 Era of Documents [12 April 1132], in Fustat, Egypt, situated on the river Nile under  the jurisdiction of our Master Maṣliaḥ Hakohen, the Head of the Yeshivah of Ge’on Yaʿakov, may his position be established forever. Strong, firm and valid.[Signatures] Nathan Hakohen b. Solomon Hakohen, may  he rest in Eden. Ḥalfon Halevi b. Mannase, may he rest in Eden. ʿIwāḍ b.  Zedaqa, may his end be good. 

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