Legal document: T-S 13J2.5

Description

Recto: legal document. Date: Thursday, 23 Shevat 1406 Seleucid (1095 CE). Location: Fustat. Bill of release settling financial matters arising from a partnership. Shelomo b. David (known as al-Dustarī) claimed 70 dinars from Benayya b. Moshe, of which he had received back only a part, the rest being paid in installments by Yaʿaqov/Yaʿqūb the dyer and Yaʿaqov/Yaʿqūb al-Ḥarīrī. Dated Shevaṭ 1406 of the Seleucid Era (= 1095 CE). This document was drawn up following the termination and settlement of a commenda. Shelomo b. David al-Dustarī was allocated ten dinars and change, five dinars and one qirāṭ to be paid immediately by Benayya. The balance was to be collected by Shelomo b. David al-Dustarī, acting as an agent to collect on debts owed to Benayya by both of the Yaʿaqov/Yaʿqūbs. The debtors would then make monthly payments of the balance to Shelomo, and Benayya stands as guarantor for the debts. Goitein writes that "the investor lost almost 50 out of 70 dinars confided to an overseas trader, but was convinced by ‘the elders of the community’ that he had no claim against him." The "convincing" seems to have been the normal settlement procedure required for release; though the document refers to the agreement as a commenda (muḍāraba), its details don't confirm that it totally follows the model of the Islamic muḍāraba – for example, the active partner is left owing funds to the investor, suggesting that simply liquidating the invested assets was insufficient to satisfy his obligations to the latter. However, had the active partner borne no responsibility for loss (as in an Islamic muḍāraba), this would have sufficed. The verso is a form for a power of attorney, with "John Doe" substituted for parties’ names. This document seems to be unrelated to the recto, despite the allusion to a power of attorney ("wakāla"). (Information from CUDL and from Lieberman, "A Partnership Culture," 215)