מסמך משפטי: CUL Or.1080 J288 + T-S 8J5.15

מסמך משפטי CUL Or.1080 J288 + T-S 8J5.15

תגים

תיאור

Legal document. Partnership dissolution. Dated: 1152. Location: Fustat. Under the authority of the Nagid Shemuel b. Ḥananya. Hiba al-Abzārī b. Abū Isḥaq al-Tawwazī and Abū l-Faḍāʾil Yaʿqūb al-Raffāʾ release one another from a partnership, leaving Hiba owing Abū l-Faḍāʾil 6 dinars, to be repaid according to a schedule. The separation of the partners also leaves the two partners returning what seems to be a debt to their investor Abū l-Ḥasan Ibn al-ʿUrs; Hiba will pay 60-70 dinars and Abū l-Faḍāʾil will pay 13 dinars. Interestingly, each of the partners is left with a separate debt to Abū l-Ḥasan, distinct from the assets of his partner; thus, following the separation, the parties are no longer jointly liable even for debts which were accrued during the life of the partnership. (Information from Lieberman, "A Partnership Culture", pp. 279-280; Jacob Mann, "The Jews in Egypt and in Palestine under the Fatimid Caliphs," 1:230, 2:237; and Goitein's index cards.)

T-S 8J5.15 1v

1v

תיעתוק

S. D. Goitein, unpublished editions.
  1. ] דחתמות ידנא לתתא סוף שטרא דנן כן הוה פי אלעשר
  2. ] ארבע מאה ותלתא ושתין שנין לשטרות בפסטאט
  3. ]שותיה דאדונינו שמואל הנגיד הגדול יהי שמו
  4. ]תומים למטה אלשיך הבה אלאבזארי בן אלשיך אבו
  5. ]עקוב אלרפא שריכה ואשהדונא גמיעא עלי
  6. ] אלשרכה אלתי כאנת בינהמא אנפצאל כאמל
  7. ] ולא יבקא לאחדהם עלי צאחבה פי הדה אל
  8. ] ם ענד אלאכר שי אלבתה לא מאל ולא בצאעה
  9. ] חק אלתוזי אלמדכור אעתרף בין ידינא
  10. ]אן ענדה ופי קבלה ודמתה ודרכה וכאלץ
  11. ] לעיל מן אלעין אלגייד אלואזן אלמצרי אל
  12. ]נה מצרייה גיאדא צחאחא דינא לאזמ/א/
  13. ]לי וראתה בעדה לפצאיל דנן ולוראתה
  14. ]מא סימלכה כמא ת[
  15. ] אל[

תרגום

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. Testimony which took place before us—we, the undersigned witnesses. Thus: in the first ten-day
  2. period of the month of Shevaṭ of the year one thousand four hundred and sixty-three years (of the Era) of Documents, in Fusṭāṭ
  3. Egypt, situated on the Nile River, jurisdiction of our lord Samuel the great Nagid, may his name
  4. endure forever, the Elder Hiba al-Abzārī b. the Elder Abū
  5. Isḥaq al-Tawwazī (who) r(ests in) E(den) and Abū al-Faḍā’il b. Ya‘qūb al-Raffā his partner came before us, and they asked all of us to testify on
  6. their behalf that they had separated from the partnership (shirka) which was between them—a complete
  7. and total separation. Nothing remains between the two of them whatsoever as a joint enterprise (mu‘āmala), and nothing remains for either of them with his fellow in this
  8. partnership (shirka) as an obligation, nor … and nothing whatsoever remains for either of them with the other—not assets, nor merchandise—
  9. except that which will be detailed, which is that the aforementioned Hiba b. Ibn Isḥaq al-Tūzī acknowledged before us—
  10. we, the undersigned witnesses—in a complete admission, that he has on his behalf and in his possession, to his credit, available to him and in his free
  11. control, belonging to the aforementioned Faḍā’il who was his partner, good, precise specie of Fusṭāṭ standard weight,
  12. six gold dinars of good, precise weighed specie of Fusṭāṭ standard weight, as a debt
  13. and an outstanding obligation, a complete debt and an outstanding loan, upon him and upon his heirs after him, for this Faḍā’il and for his heirs
  14. after him, with the most certain and perfect stipulations of responsibility, in what is his ownership as
  15. the Sages (may their) m(emory be) f(or a blessing) wrote in this regard. This six dina(rs) is upon […] the first […]
  16. from the remainder of the capital, and he will pay to Faḍā’il b. Ya‘q[ūb …]
  17. two dinars (in) the first ten-day period of the month of Shevaṭ 1463, and he will pay […]
  18. at the end of the month of Shevaṭ of the year 1463 … at the end of Shevaṭ […]
  19. the six dina(rs), a single dirham. The aforementioned Hiba also took upon himself […]
  20. unencumbered assets for the Elder Abū al-Ḥasan, known as (I)bn al-‘Urs, //the total// of 63 (dinars) […]
  21. and upon his partner Faḍā’il b. Ya‘qūb, thirteen dinars […]
  22. his assets, and assets which he has (on his own) without Faḍā’il who was his partner […]
  23. and I have release the aforementioned Faḍā’il from all partnerships (mu‘āmilīn) and from […]
  24. and from the other obligations and responsibilities which were upon him for him in this p[artnership (shirka) … from the beginning of time]
  25. until now, a complete and total release. I have also appointed … […]
  26. basin and copper drinking-vessels which were a pledge with him for the amount […]
  27. for Faḍā’il before him in what they could demand of him in the marketplace, and he is (to be considered) trustworthy as two [proper] witnesses […]
  28. He received from its value the total of this six dinars in toto … […]
  29. remains owed to him by the other from it in a single payment when the aforementioned month of Shevaṭ passes … with him from this
  30. six dinars, not even a single dirham. We, the witnesses, performed a qinyan with this Hiba concerning the aforementioned
  31. in this document, from the debt and in other (matters), a complete qinyan, with the formula “effective immediately”, in accordance with his will, without any sort of duress whatsoever, nullifying
  32. all secret dispositions and conditions. Then we performed a qinyan

CUL Or.1080 J288 1r

1r

CUL Or.1080 J288 1v

1v

T-S 8J5.15 1r

1r
תנאי היתר שימוש בתצלום
  • CUL Or.1080 J288: 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 8J5.15: 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.