מסמך משפטי: Bodl. MS heb. a 3/8

Recto

1. Testimony which was (given) before us—we the undersigned witnesses. Thus:  
2. the Elder Abū Sa‘d the Glazier (our) tea(cher) and m(aster) Nathaniel b. (our) t(eacher)  and m(aster) Joseph the Elder, (who) r(ests in) E(den), and (our) tea(cher) and m(aster)  
3. Manasseh Levi, the one called Abū Sahl, b. (our) tea(cher) and m(aster) Eli ha-Levi,  nicknamed Abū al-Ḥasan, known as  
4. (I)bn al-Maṭar (who) r(ests in) E(den), came before us, and //this// Abū Sahl initiated a  loan before us, (borrowing) from this Elder Abū Sa‘d ten precisely-weighed dinars  
5. of gold, in specie, good and correct, of Fusṭāṭ standard weight, and he received them  and accepted them in our presence  
6. completely and totally, and they came into his possession as an absolute debt and an  outstanding loan, incumbent upon him in his lifetime  
7. and upon all his heirs after him, with the most certain and most perfect expressions of  responsibility and as established by the Sages (may their) m(emory be) f(or a blessing)  
8. and he turned over to him a pledge, deeds to his residence, stating that he was the  owner. Some of these (documents) were original documents and there was also  
9. a purchase document written in his name, and the total number was four documents;  Abū Sa’d also received them
10. in our presence, for the ten dinars which he loaned to him.  
11. The payment deadline for that period was fixed, its specification to follow.  
12. This Abū Sahl obligated himself in the stipulation, as will be explained, and he absolved  him of any oath  
13. fixed upon him concerning these ten dinars, the aforementioned debt. Then the two of  them contracted a partnership  
14. for an amount worth twenty precisely-weighed dinars of gold coin, of Fusṭāṭ standard  weight,  
15. excellent and acceptable, as capital for the Elder, this Abū Sa‘d, aside from (the capital  of) this Abū Sahl.  
16. Their partnership (shirka) for this was contracted for six and a half months, the first of  which (being) Monday the fif 
17. teenth day of this month which is the month of Kislev, of the year one thousand four  hundred and forty 
18. six years, of the Era of Documents. The established (arrangement) between the two  of them is that the two of them will buy glass with the twenty  
19. aforementioned dina(rs) of capital, and that the two of them will both work at the  manufacture  
20. of glass. Throughout the duration of their partnership (shirka), the Elder, this Abū Sa‘d,  will work therein  
21. 21. two shifts each week, and he will not have any other work obligation; and this Abū Sahl  will work  
22. the rest of the week. Thus will the two of them be mutually obligated in the work. They  will labor and they will strive and they will seek sustenance from the Creator, praised be He.  
23. The two of them will sell what they make, and they will buy what they (need to) use for  that craft, and they will not divide up  
24. till the expiration of their (agreement). And the profit which the Creator facilitates  therein after returning the capital  
25. of this Elder Abū Sa‘d, payment for all the necessary provisions for this such as for the  fire, and  
26. the wages of helpers and other (costs) typically known in this industry, will be  
27. (split) between the two of them in equal halves. The arrangement between them therein  is that (the amount) which one of them takes  
28. as maintenance for each day, his partner would take the same—not exceeding it. And at  the expiration of the period  
29. of their partnership (shirka), the two of them will distribute among themselves the  remaining profit; they will distribute it equally. Thereupon each of them obligated  
30. himself to deal with all the monies from this partnership (shirka) which he has at his  disposal,  
31. as is right and “the voice of justice”. For trust and praiseworthy behavior  
32. redeem (one) before God, praised be He, even if one of them does not satisfy the other  with something he receives  
33. therein. Thereupon this Abū Sahl took upon himself, effective immediately, that at the  end of the six  
34. and a half months, the period of the partnership (shirka) contracted herein between  them, when the two of them perform their reckoning,  
35. he will not take anything from the profit sent him by God that successfully results 
36. until he repays to Abū Sa‘d from his total share, all ten dinars  
37. of the debt which he has to his credit, as mentioned above, completely and totally. And  the remainder  
38. of his share after that he will take it for himself. And if it happens that sufficient profit does not come to him therein,  
39. he (Abū Sahl) will have to pay the ten dinars from funds in his own free control, at the  close of one year from that  
40. date, //without// the presentation of written proof (of the loan). And if he refuses, Abū Sa‘d will be free  
41. to sell the aforementioned residence whose deeds he pledged to him, as God nourishes  and provides at  
42. that time, and he will receive the ten dinars’ from its price. The court has the power  therein from him (Abū Sahl),  
43. it need not wait beyond this aforementioned deadline. This Abū Sa‘d approved
44. of waiting for the aforementioned ten dinars according to the aforementioned terms.  And this Abū Sahl acknowledged  
45. this Abū Sa‘d’s delivery of the entire twenty din(ars), the aforementioned capital  ascribe[ed]  
46. to this partnership (shirka), and he already been engaging in purchases. We called upon  each of them to testify  
47. before his fellow to all that is ascribable to him, respectively, as regards the debt and the  
48. partnership (shirka), and everything of which the stipulation therein consisted; and his  obligation was incumbent upon him, effective immediately,  
49. (effected) without any duress at all, and we performed a qinyan with each of them to  his fellow therein without duress or force  
50. or compulsion, with neither negligence nor error, without the infirmity of disease  among us, nor any of the other factors which invalidate  
51.  testimony, with a complete and effective qinyan, with an item suitable for doing so,  effective immediately, nullifying any secret dispositions and conditions. 
52. We wrote and signed this testimony and gave (it) to the Elder, this Abū Sa‘d, in order  that he would have in his hand  
53.  a title of right and proof.117 This took place in the middle third of the month of  Kislev, dated above, in Fusṭāṭ 
54.  Egypt, situated on the Nile River, in the jurisdiction of our lord Maṣliaḥ ha-Kohen, head  of the Academy of the  
55.  Price of Jacob, may his name always be like the moon, established forever. But our  signatures were delayed till the first ten-day period  
56.  of Iyyar //of the same year// and is proper and clear and enduring. Hanging between  these lines : for him : other : and established and this is their confirmation :  
57.  And written on an erasure, “on the first of Iyyar” : And written between the lines: “in  the very same year” : And all of it is established  
58.  as well, and this is their confirmation : Nathan ha-Kohen b. Solmon ha-Kohen (who)  r(ests in) E(den)  
59. Blessing above and below Nathan’s name: (Unintelligible) 
60. Nathan ha-Levi s(on of our) tea(cher) Abraham ha-Levi (who) r(ests in) E(den)