מסמך משפטי: CUL Or.1080 1.88 + T-S NS 99.55

Recto

1. Testimony to what transpired in our presence, we the witnesses [whose signatures are below: Our master and lord Joseph b. Saul/Yūsuf b. Šu‘ayb]
2. Ibn al-Naghira appeared before us and said: Serve as my witnesses and perform with [me] the symbolic act of commitment [and write and sign that I bind myself with all terms]
3. that are precise and phrases that are absolute and all expressions of deeds attesting to rights that this should be for Ḥalfon]
4. ha-Levi — may the Merciful protect him — b. his honor, the saintly outstanding sage [Nethanel] . . . [so that this be in his hand a deed of]
5. proof and evidence, that I declare in your presence in the most decisive [and firm] terms [for declarations, in good health and full capacity, of my free will, under no compulsion]
6. nor force, nor duress, not mistaken or erring, nor with any illness [or anything else that disqualifies testimony]
7. (ll. 7-8) and without coercion, that I owe and am responsible for and obligated to pay, from my unencumbered assets, to our lord [Ḥa]lfon ha-[Levi ... forty] Murābiṭī [mithqāls], a fully-binding debt, effective as of now, and an undertaking as a loan. I shall p[ay them to him] . . .
9. [without disavowal] or dispute, except after payment [...]
10. [...] deed of sale that I sold/bought for him all that he ordered (?) [...]
11. [...] forty mithqāls, as attested by the deed [...]
12. without duress. I declare him to be trustworthy for this in what he says, like two [valid witnesses ...]
13. or that he has not received payment, his claim is acceptable like t[wo valid witnesses....  And my heirs]
14. after me or my legal agents [have no right to impose on him] any oa[th for all this ...]
15. not an ancillary [oath] nor a general ban on anything [he says ... And any claim against him will be null]
16. and void, completely invalid and considered nil [...]
17. has no validity and will not be acted upon [...] [And we performed with him the symbolic act of commitment, with an implement suitable]
18. to perform it, effective as of now, after he had cancelled any declarations of having acted under duress [and conditions ... inclusive of]
19. all declarations of having acted under duress, without any compulsion whatsoever, for all that is [...]
20. forty mithqāls which are in his possession, an absolute debt, as of now [...]
21. of which he will not be quit except by complete payment to our lord Ḥal[fon b. Nethanel] with whatever [... mentioned]
22. above. Written in the month of Sivan, of the year four thousand, eight hundred and nin[ety-nine]
23. [in the cit]y of Almeria, situated on the shore of the Sea. And [the] proceedings in our presence were written, si[gned and delivered] by us
24. [to our master] and lord Ḥalfon ha-Levi—may the Merciful protect him—b. his honor, our lord and master Nethanel ha-Levi — may he be remembered for a blessing — to be in his hand as a deed attesting to rights
25. [and evid]ence. Written on an erasure: “that”; added between the lines: י in באסתיפא. And [all] is valid, firm, binding and authoritative.
26. Joseph ha-Levi b. Ḥārith — may he be remembered for a blessing. Isaac b. Aaron — may his Rock preserve him. Isaac b. Jacob — may he rest in Eden. Ḥāvīv/Ḥabīb b. [Abraham—may his Rock preserve him.]
27. Isaac b. Obadiah b. Isaac ... Isaac b. ... h—may he rest in Eden. Solomon b. Saadya b. Solo[mon].
28. This deed has been verified in our presence in court, in a session in which the th[ree of us sat together,] its text and signatures written above and verification included
29. therein below in the signatures of the witnesses who have signed. [Sin]ce four of them have come forward, namely [Jose]ph ha-Levi b. Ḥārith —
30. may he be remembered for a blessing; Isaac b. Aaron — may he be remembered for a blessing; Isaac b. Jacob — may he rest in Eden; [Ḥāvīv/Ḥabīb b. Abraham — ]may his Rock [preserve him] and testified before us to their signatures and declared
31. that this is the very signature [of each of them] with their distinctive signs, namely Joseph ha-Levi b. Ḥārith — may he be remembered for a blessing; [Isaac b. Aaron — may his Rock preserve him]; Isaac b. Jacob — may he rest in Eden; Ḥāvīv/Ḥabīb b. Abraham — ]may his Rock preserve him, we have verified
32. and validated it as fit.

(Signatures) [Aaron b. Yeshū]‘ā the physician — may the memory of the pious be for a [blessing. Isaac b.] Joseph, the Jerusalemite — may he rest in the Garden of Eden. Yeshū‘ā b. Mevōrāk — may he rest in the Garden of Eden.

33. The verification at the bottom of [this document] has been confirmed in our presence, in court [in a session in which the th]ree of us sat together, its text, witnesses’ signatures and verification
34. being written above, and its confirmation included therein [written h]ere below. And these [are the judges who] signed it: Aaron b. Yeshū‘ā the physician — may the memory of the pious be for a blessing; Isaac
35. b. Joseph — may he rest in the Garden of Eden; Yeshū‘ā b. Mevōrāk[ — may he rest in the Garden of Eden ....] that w[e the court] are familiar with [the verification/ signature of the ḥā]vēr [?]‌ Aaron b. Yeshū‘ā the physician —
36. may the memory of the pious be for a blessing, that this is his verification [in his handwriting and distinctive signs]; and two [other] witnesses came forward [and testified] to the signature of Isaac b.
37. Joseph — may he rest in the Garden of Eden — that this is his signature [in his handwriting and] distinctive signs [?], we have veri[fied and validated it as fit.]

(Signatures) Nathan ha-Kohen b. Solomon. Yeshū‘ā b. Josiah b. Shema‘yāhū Ga[on]. Nathan b. Samuel he-ḥāvēr — may his memory be for a blessing.