Legal document: T-S 10J4.7

Legal document T-S 10J4.7

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Description

Legal document. Partnership agreement. Dated: August 1181. This document preserves the lower part of a partnership agreement between the brothers Abū al-Faraj and Abū al-Mufaḍḍal in a shop selling food. The partners are allocated maintenance from the shop’s stores, as well as one dirham each per day. The two are to eat and live together, though they are given the option of eating separately, in which case Abū al-Mufaḍḍal is to take two dirhams and Abū al-Faraj is to take four dirhams as maintenance. As well, they will divide profits, though the division itself is not specified but is likely an even division, as is explicit in the case of losses. Interestingly, although the two seem to work close at hand, the text includes the provisions for "trust and avoid[ance of] betrayal" that is often seen in long-distance agreements. The recto is signed by Joseph ha-Levi b. Samuel, later a member of the court of Abraham Maimonides; as well as Levi ha-Levi b. Abraham, a scholar and cantor. (Information from Lieberman, "A Partnership Society", 195)

T-S 10J4.7 1r

1r

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

  1. […] this maintenance for a period, the start of which being the date of (this) doc[ument …]
  2. […] and an agreement also took place between us, that we would live (together) in a single dwelling, and that we would eat from a single table
  3. for the duration of this partnership (shirka), and we would take from the shop everything we need for support of the household in terms of food and drink.
  4. Beyond this, each of us would be entitled to a dirham each day, which he could spend however he might want and he might choose for his necessities. If
  5. the aforementioned Mufaḍḍal wishes to watch out for himself, and that he would se[parate] from his brother Abū al-Faraj in the matter of food and drink, he would take
  6. from the store two dirhams each day, and his brother Abū al-Faraj would take four dirhams each day, for the duration of this partnership (shirka). Whatever
  7. exalted God facilitated for the two of them therein beyond the aforementioned support food and as for difficulties with provisions and rent and
  8. other difficulties that may befall them, they will share that equally. If either of them pursues a change in the profit of the partnership (shirka),
  9. he will act with trust and avoidance of betrayal, and the supervision of God, praised be He, in everything that he does and with which he is entrusted. We performed a qinyan with both
  10. the aforementioned Abū al-Faraj and his brother Abū al-Mufaḍḍal, a complete and weighty qinyan, with an item suitable for doing so, with the formula “effective immediately”, in accordance with his will,
  11. without any compulsion whatsoever, nullifying all secret dispositions and conditions, concerning all that which is written and stipulated above. Added between the lines: “It is proper (and) enduring”
  12. We wrote and signed that which took place before us, in order that there would be a title of right and proof. Everything is proper and clear and enduring.
  13. Joseph ha-Levi b. Samuel (may the) Merci(ful One) pro(tect him) Levi ha-Levi b. Abraham (may the) m(emory of the) r(ighteous be) f(or a blessing)

Verso

  1. … this document from the last ten-day period of the month of Av of the year 1492

T-S 10J4.7 1v

1v
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