Legal document: T-S 13J3.15

Description

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)