Legal document: CUL Or.1080 J290

Legal document CUL Or.1080 J290

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Legal document. Partnership record. Dated: October 1039.Location: Cairo. In April 1039, the parties Tuviyah b. Yefet ha-Levi and ‘Allūn b. Faraj (and perhaps Salāma ha-Kohen b. Nissan) came to the home of Suleymān b. Isḥāq b. Meir in Cairo. Suleymān was involved in a partnership (mufāwaḍa) with Tuviyah and ‘Allūn. The other partner to the agreement is Khalaf b. Ibrāhīm. When Tuviyah and ‘Allūn demand a payout from the partnership, to be distributed by Suleymān (evidently the senior partner), Suleymān disputes this, explaining that Tuviyah and ‘Allūn have received their final settlements, and Khalaf is free from his obligations to them. Suleymān and Khalaf terminate their relationship, and the April document is given to Khalaf as proof. ‘Allūn's attestation that Suleymān and Khalaf had “a joint enterprise (mu‘āmala) and not a qinyan”, complicating the understanding of partnership models in this period; the difference between a mufāwaḍa and a mu‘āmala (or between either of these and a qinyan) is unclear Immediately below, in different handwriting, appears the testimony of Salāma b. Nissan ha-Kohen to Suleymān that he (Salama) has made the same statement in a different location, at the home of an elder. Goitein believed that the Khalaf b. Ibrahīm mentioned in this document was the same one that appeared in T-S 18J1.6 (PGPID 3523); Lieberman disputes this. In yet another handwriting, the document validates the signatures of Tuviyah and ‘Allūn in the permanent court in Fusṭāṭ some months after their initial testimony was recorded in the home of Suleymān in Cairo. The signatories are the three judges Efrayim b. Shemarya, Avraham b. Mevaser, and Yefet ha-Ḥazan b. David. (Information from Lieberman, "A Partnership Culture", 281-284)

CUL Or.1080 J290 1r

1r

Transcription

CUL Or.1080 J290 1v

1v
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