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

מסמך משפטי CUL Or.1080 1.88 + T-S NS 99.55
  1. ציטוט
    Mordechai Akiva Friedman, "An India Trader’s Partnership in Almería (1139),"Sefarad 76, no. 1 (Consejo Superior de Investigaciones Científicas, 2016), 75–96.
    Location in source
    • 94–96
    Relation to document
    • Digital Translation
    • דיון
    • מהדורה
    • תרגום
תמונה
תיעתוק
תרגום

CUL Or.1080 1.88 1r

°
1r
Mordechai Akiva Friedman, "An India Trader’s Partnership in Almería (1139)," Sefarad 76, no. 1 (Consejo Superior de Investigaciones Científicas, 2016), 75–96.

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] 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] that are precise and phrases that are absolute and all expressions of deeds attesting to rights that this should be for Ḥalfon 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] 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] nor force, nor duress, not mistaken or erring, nor with any illness [or anything else that disqualifies testimony] 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] . . . [without disavowal] or dispute, except after payment . . . deed of sale that I sold/bought for him all that he ordered [?] . . . forty mithqāls, as attested by the deed . . . without duress. I declare him to be trustworthy for this in what he says, like two [valid witnesses] . . . or that he has not received payment, his claim is acceptable like t[wo valid witnesses.] . . . [And my heirs] after me or my legal agents [have no right to impose on him] any oa[th for all this] . . . not an ancillary [oath] nor a general ban on anything [he says] . . . [And any claim against him will be null] and void, completely invalid and considered nil . . . has no validity and will not be acted upon . . .

[And we performed with him the symbolic act of commitment, with an implement suitable] to perform it, effective as of now, after he had cancelled any declarations of having acted under duress [and conditions] . . . [inclusive of] all declarations of having acted under duress, without any compulsion whatsoever, for all that is . . . forty mithqāls which are in his possession, an absolute debt, as of now . . . of which he will not be quit except by complete payment to our lord Ḥal[fon b. Nethanel] with whatever . . . [mentioned] above. Written in the month of Sivan, of the year four thousand, eight hundred and nin[ety-nine] [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 [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 [and evid]ence. Written on an erasure: “that”; added between the lines: י in באסתיפא. And [all] is valid, firm, binding and authoritative.

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.] Isaac b. Obadiah b. Isaac . . . Isaac b. . . . h—may he rest in Eden. Solomon b. Saadya b. Solo[mon].

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 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—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 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 and validated it as fit.

[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.

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 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 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—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. 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.]

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.

T-S NS 99.55 1r

°
1r

CUL Or.1080 1.88 1v

°
1v

T-S NS 99.55 1v

°
1v
תנאי היתר שימוש בתצלום
  • CUL Or.1080 1.88: Provided by Cambridge University Library. Zooming image © Cambridge University Library, All rights reserved. This image may be used in accord with fair use and fair dealing provisions, including teaching and research. If you wish to reproduce it within publications or on the public web, please contact genizah@lib.cam.ac.uk.
  • T-S NS 99.55: Provided by Cambridge University Library. Zooming image © Cambridge University Library, All rights reserved. This image may be used in accord with fair use and fair dealing provisions, including teaching and research. If you wish to reproduce it within publications or on the public web, please contact genizah@lib.cam.ac.uk.