Legal document: T-S 13J3.15

Legal document T-S 13J3.15

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T-S 13J3.15
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Judaeo-Arabic

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Legal document. Record of release. Location: Fustat. Dated: Second third of Elul 1482 Seleucid, which is August 1171 CE. The mutual release of the metal caster (al-sabbāk) Faḍāʾil/Shela b. Mūsā and the metal caster Abū l-Barakāt/Berakhot b. Abū Naṣr Yefet al-Mūrid, formerly partners in an unspecified industry, likely to have been in minting as both of the partners bear the same by-name al-Sabbāk (metal-caster) and Berakhot’s father is called al-Mūrid (supplier of metal to the mint). Other details of the partnership (e.g., the amount of the partners’ investment, division of profits and losses) are absent from the release. The act of qinyan is recorded twice in the document, once for each party's release of the other. Interestingly, the specific claims from which the partners are released are different in each case: Shela releases Berakhot from any claim "arising from a bill of exchange" (ḥawāla), a clause absent when Berakhot releases Shela. Conversely, when Berakhot releases Shela, he retains claims for neither "a commenda (muḍāraba), nor a loan, nor a commenda (qirāḍ), nor a demand for rent nor [for leasing …]", all clauses which are absent from Shela’s release of Berakhot. While partnership release clauses generally seem to be formulaic, other documents' release clauses often contain information concerning the partnerships' commodities. Here, it's possible that these clauses were tailored to the roles of the specific partners. If so, the fact that Berakhot releases Shela from these obligations (which would have been incumbent upon a borrower) suggests that Berakhot was a senior partner or investor. As well, in his lifetime, Berakhot’s father was himself involved in a corollary business concerning precious metals; this partnership may have relied upon Berakhot’s family connections or wealth. (Information from Lieberman, "A Partnership Culture," 222)

T-S 13J3.15 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. [In the] middle te[n-day period] of the month of Elul of the year one thousand four hundred and eighty-two (of the Era) of Documents, in Fusṭāṭ
  2. [Egypt,] situated [on the N]ile River, the jurisdiction of our lord Moses, the great Rav in Israel, may his name endure forever. Thus:
  3. Faḍā’il al-Sabbāk b. the beloved Elder Mūsā (who) r(ests in) E(den) came before us—[we, the undersign]ed and said to us, “Testify on my behalf and perform a qinyan with me
  4. [effective immediately, wri]te and sign concerning me using all the appropriate legal formulae and the expressions of certainty and using all the language
  5. [of claims, and giv]e it to Abū al-Barakāt al-Sabbāk, b. the Elder Abū Naṣr al-Mūrid, (our) tea(cher) and m(aster) Berakhot the youth
  6. […] (our) tea(cher) and m(aster) Eleazar the Elder (may his) R(ock) p(reserve him) b. (our) tea(cher) and m(aster) Japheth the hon(ored) Elder (who) r(ests in) E(den), in order that there would be in his hand and in the hand of his heirs after him upon me—
  7. [I,] the aforementioned Faḍā’il—and upon my heirs after me, a title of right and proof from this day forward, that I acknowledge before you
  8. [comp]letely that I have fulfilled any obligation that I had towards Abū al-Barakāt al-Sabbāk who was my partner, from any sort of [right]
  9. of any type, including the reassignment of any counterparty. Also, nothing remains for me before the aforementioned Abū al-Barakāt,
  10. [nei]ther a debt nor a pledge, nor a partnership (shirka) nor a joint enterprise (mu‘āmala) nor a claim nor a bill of exchange, nor a power of attorney, nor a surety, nor
  11. [a claim] of deception, nor (a claim) regarding fulfillment of trust, nor any sort of claim of any type, for the value of a farthing or more. I—
  12. the aforementioned Faḍā’il—have absolved t[his] Berakhot effective immediately from all that which is mentioned above, and from all the legal claims and deman[ds]
  13. and all obligations and responsibilities which I could direct towards him in any sort of  claim from the beginning of time until no[w,]
  14. and to which I could possibly have recourse before him therein, from this day forward, in a total, complete, conclusive, certain, effective release, upon me,
  15. effective immediately, and /u/pon my heirs after me, to M(r.) Berakhot the aforementioned youth and to his heirs after him, with the most certain [and perfect] stipulations of relea[se]
  16. as a decree of the Sage(s, may their) m(emory be) f(or a blessing) in the like; a release without any flawed (detail) therein nor an argument nullifying it nor interpretation weakening it [nor a cancellation]
  17. of its judgment, nor any reason diminishing its text. Furthermore, I have absolved him of all types of vows and oaths and [rider oaths]
  18. to which I could possibly have recourse before him in this matter, even rider oaths and even ḥerem setam—a complete, [total]
  19. release. I have completely and totally forgiven him. I have declared completely void every claim which the law permits me [before any person, or]
  20. any defect which I could claim. We performed a qinyan with (our) tea(cher) and m(aster) Shela the belo[ved] youth [b. the Elder Mūsā, the beloved Elder, and M(r.) Berakhot the beloved youth b. our teacher and master Eleazar the Elder (may his) r(ock) p(reserve him)]
  21. concerning everything mentioned above, a complete and weighty qinyan, with an item suitable for doing [so, effective immediately, in accordance with his intention, without any duress whatsoever,]
  22. nullifying all secret dispositions and conditions. Then we performed a qinyan from M(r.) Berakhot the beloved youth b. (our) tea(cher) and m(aster) [Eleazar the Elder (may his) r(ock) p(reserve him), and Shela the beloved youth b. the Elder Mūsā, the beloved Elder,]
  23. a complete and weighty [qinyan,] with an item suitable for doing so, effective immediately, in accordance with his will, without any duress whatsoever, nullifying all secret disposi[tions and conditions]
  24. which he had before the aforementioned Faḍā’il al-Sabbāk, who was his partner, (leaving neither) claims nor demands, neither for a debt nor for a pledge, [nor …]
  25. for a partnership (shirka), nor for a joint enterprise (mu‘āmala), nor a commenda (muḍāraba), nor a loan, nor a commenda (qirāḍ), nor a demand for rent nor [for leasing]
  26. nor a power of attorney nor a guarantee, nor a claim of deception, nor (a claim) that he trusted him. And he has released him from […]
  27. according to [that which he released him] … above from all the aforementioned in this document, and from a[ll the claims]
  28. [and demand]s, and from all the obligations and responsibilities which were his upon [… from] the beginning of ti[me until now]
  29. […] all the claims and demands, and all the [obligations and responsibilities which w]ere [upon …]
  30. […] something from that which … in (this release) document … […]
  31. […] also […]

T-S 13J3.15 1v

1v
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