מסמך משפטי: AIU XII.173

Recto, heading

1. He [God] is the benefactor.

Recto, ʿalāma 

1. The matter is as it was recounted in it [the document]. The

   poor one in need of [God’s mercy], praise him, recorded it,

2. Aḥmad, the master, the deputy [judge] of the court

3. of Bāb al-Kharq and [Bāb] al-Saʿāda,

4. may he be forgiven.

Recto, main text

1. In the pure, well-pleasing [to God] sharīʿa court in the neighbourhood of Bābs Saʿāda and al-Kharq in well-protected Cairo, before its overseer, our lord

2. and master the legal judge who will affix his noble calligraphy above, may God the exalted prolong his virtue and elevate him and be charitable to him and bestow his blessings on him.

3. One of the glory of the venerable aʿyān, the exalted amīr Yūsuf, son of the late amīr Meḥmed, kāshif of the sub-prov- ince of Gharbiyya—that is, his father

4. was—and one of the umarāʾ of the Müteferriḳa—he himself is—in well-protected Cairo, and tax farmer of half of the district of Safṭ Abī Turāb in the sub-province of Gharbiyya,

5. may God strengthen his honour, came [to the court]. Muʿallim Maṣliḥ, son of Binyāmīl [sic] the Rabbanite Jew, he himself [i.e., Maṣliḥ] the ṣarrāf in the [governor’s] high council, and in the service of

6. the current kāshif of Gharbiyya, and known as a follower of Muʿallim Ibrāhīm, the ṣarrāf of the [governor’s] high coun- cil in Cairo, bought for himself with his own money from the aforementioned amīr Yūsuf,

7. and he [Yūsuf] sold to him, one hundred qinṭārs and thirty qinṭārs of quality unrefined sugar, located in

8. his districts, free from any physical [?] defects and from legal defects, by heavy [lit., ‘strong’] weight whereby every qinṭār of it is [equivalent to] 252 raṭls

9. by Egyptian weight, as is customary in this sort of case, from what was turned back in the kharājī (tax) year 1058 [1648],

10. [but] obtained from the mill of the aforementioned district Safṭ Abī Turāb in the kharājī year 1059 [1649], 

11. known to both of them legally, [in] a sound, legal purchase that occurred between them on this date, by obligation and acceptance on seeing it,

12. in a legal manner at a total price for the aforementioned purchased 130 qinṭārs, in enumerated niṣf fiḍḍas,

13. 15,000 niṣfs and 600 niṣfs, calculating a price of 120 niṣfs per qinṭār of it [the sugar]:

14. the total aforementioned price by right of dissolution. Muʿallim Maṣliḥ, the purchaser mentioned above, is released of obligation

15. to the amīr Yūsuf, the above-mentioned seller, for the total price specified above, [in] a legal release,

16. insofar as the aforementioned amīr Yūsuf has settled ac- counts with him in this matter according to what the afore- mentioned Muʿallim Maṣliḥ is owed

17. of the legal debt whose quantity is 20,115 in the enumer- ated niṣf fiḍḍa described,

18. in a legal settlement by a legal route.

19. The balance [due] to the aforementioned Muʿallim Maṣliḥ of the aforementioned amīr Yūsuf’s debt, after accounting for the aforementioned settled-upon amount

20. of the described fiḍḍa, is 4,515 enumerated niṣf fiḍḍa. He [Yūsuf] will repay that to him [Maṣliḥ]

21. in full at the end of Shawwāl of the year whose date is below, a legal payment. Then the aforementioned amīr

22. Yūsuf gave permission for the aforementioned Muʿallim Maṣliḥ to receive all of the 130 qinṭārs of the aforementioned purchased sugar

23. from the mill of the aforementioned district over three months: the first is Muḥarram and the last is Rabīʿ al-Awwal, of the year 1060 [1650],

24. in a legal and accepted permission, and the two of them agreed to this. To the aforementioned amīr Yūsuf [falls] the responsibility of delivering the 130 qinṭārs

25. of the aforementioned purchased sugar to the aforementioned Muʿallim Maṣliḥ or to whoever is designated from his [Maṣliḥ’s] side to receive it from the mill

26. of the aforementioned district over the aforementioned three months. As to anything missing from it that the aforementioned Muʿallim Maṣliḥ does not receive

27. by the aforementioned date, the aforementioned amīr Yūsuf will pay to him the price of each qinṭār missing from that [total]: five

28. large ‘lion’ qurūsh in total on the aforementioned date in accordance with that which they agreed upon and approved [in] a legal authorisation. Then

29. the aforementioned amīr Yūsuf, and he by himself is the first party, acknowledged; and the aforementioned Muʿallim Maṣliḥ, and he by himself is the second party, acknowledged

30. the legal acknowledgement. Neither one of the two parties mentioned above is entitled to or has a claim to, as against the other party, not

31. in his power or in his custody or in his safekeeping, not in any manner or by any legal means whatever: he absolutely has no right

32. and no entitlement and no claim and no demand from any standpoint, not in any way or fashion, not in silver, gold, small coins, or copper, not by

33. seizure or confiscation, not by repaying revenue, not loaned, not borrowed, not by transaction or instalment [purchase], not by account,

34. not by accounting error, not by debt or by sight of a dictate, not by decree or register or license or document or anything else,

35. not by a bill of exchange, not by taking legal action for it, not by any of these means, not little, not much, not great, not through inattention, not through forgetfulness, not

36. absent-mindedly, not [through] ignorance and not [through] neglect, not by guarantee or collateral, not by bill of exchange, not by the process of becoming, not of short duration, not on a pretext, not

37. through advantages, not by swearing by God the exalted, none of it, not little nor much, from olden times to the present day, except for the obligation of receipt of the aforementioned 130 qinṭārs

38. of purchased sugar and the obligation of the 4,515 niṣf

39. fiḍḍa specified above, and the obligation of the 9,000 niṣf fiḍḍa that the aforementioned Muʿallim Maşliḥ transferred to the debt of the judge Aḥmad

40. ibn Ḥijāzī, absent from this session, against the aforementioned amīr Yūsuf, in addition to that. The aforementioned amīr Yūsuf has no right

41. against the aforementioned Muʿallim Maṣliḥ in regard to his salary in the register of the Müteferriḳa: he requested [?] eight ʿuthmānīs a day from the obligation for the year

Recto, right margin, perpendicular

1. 1058 [1648], with the requirement that it arrives to him [Yūsuf] from him [Maṣliḥ] by legal means. The two of them authenticated all of this in a legal authentication. The certification corroborated this before our lord the aforementioned judge with the testimony of witnesses in a legal corroboration, and he ruled in accordance with the requirements of the settlement, in the absence of a claim, a sound, legal, complete, considered, pleasing [judgement], recorded on 7 Shawwāl 1059 [14 October 1649]. 

Recto, witnesses, first

1. The scribe
2. of the court [?] ...

Recto, witnesses, second

1. Aḥmad ibn Ibrāhīm ʿAbd

2. al-...

3. bore witness to the judge. 

Recto, witnesses, third

1. Abū Qāsim

2. Yūsuf ibn ...

3. Manṣūr

4. bore witness to the judge.

Recto, witnesses, fourth

1. ...

2. Muḥammad ibn Aḥmad al-Makkī [?]

3. ibn Muḥammad [?]

4. bore witness to the judge.

Recto, witnesses, fifth

1. Maḥfuẓ

2. ibn Masʿūd [?]

3. ...

4. bore witness to the judge.

Recto, witnesses, sixth

1. Muḥammad al-Inaʿmā [?]

2. witnessed this.

Recto, witnesses, seventh

1. Aḥmad ibn

2. ...
3. bore witness
4. to the judge.

Verso, first statement

1. Delivered

2. to the hand of Muʿallim Maṣliḥ the Jew, mentioned on the recto, 4,000 niṣf fiḍḍa and 500 niṣf fiḍḍa as stipulated

3. on the recto of the document, from the hand of the amīr Siyāvūsh, formerly the kāshif of al-Bahnasāwiyya, by way of the amīr Qayṭās Çavuş,

4. who put his name on it on the 13th of the month of Ṣafar the Good of the lunar year 1060 [14 February 1650].

Verso, right column

1. Half of it,
2. enumerated fiḍḍa:
3. 2,257.
4. The amīr Qayṭās Çavuş,
5. mentioned above,
6. was present and witnessed this,
7. and verified ... 
8. and sound ...
9. The seal of Qayṭās Çavuş

Verso, left column

1. enumerated fiḍḍa:
2. 4,515.

3. Maḥfūẓ ibn Badr al-Dīn the odacı (chamberlain)

4. was present and witnessed this.

Verso, second statement

1. Delivered

2. from what was specified on the recto, to the hand of Muʿallim Maṣliḥ the Jew, mentioned on the recto, from the hand of the amīr ...,

3. from the hand of all of them [?] in the districts of ..., of the refined sugar located in his districts,

4. heavy qinṭārs: 

5. 130.

Verso, third statement, right column

1. What is [i.e., the amount] in the district of

2. Zāwiyat ... in the sub-province of Minūfiyya  from the hand of the amīr Yazbak, the tax farmer of half

3. of the aforementioned district, represented by [?]25 Shaykh Muḥammad al-Maṣrī, by virtue of his property available to the aforementioned Muʿallim

4. Maṣliḥ, dated 12 Jumādā al-Thāni

5. of the lunar year 1060 [11 June 1650],

6. heavy qinṭārs:

7. 110. 

 

Verso, third statement, left column

1. In the district of

2. Ṣafṭ Turāb in the sub-province

3. of Gharbiyya ...,

4. heavy qinṭārs:

5. 20.

Verso, fourth statement, right column

1. What remains of the aforementioned loan

2. the amīr Yazbak will pay to the amīr

3. Yūsuf Çelebi, mentioned on the recto,

4. heavy qinṭārs:

5. 70.

Verso, fourth statement, left column

1. What is split between the amīr

2. Muṣṭafā the wakīl al-khāraj

3. and al-Ḥājj ʿUmar the ḥawālī [agha],

4. heavy qinṭārs:

5. five.

Verso, fifth statement

1. By virtue of that, everything was ended. [Neither] party is entitled to anything from the other, not little and not much, by those present

2. and those who will affix their script to [the document], reg- istered on 18 Jumādā [al-]Ākhir of the lunar year 1060 [21 June 1650], praise God.

Verso, witnesses, right

1. Aḥmad Ḥijāzī

2. al-Jawharī

3. witnessed [this].

Verso, witnesses, left

1. His [the judge Aḥmad’s] scribe,

2. the poor one Maḥfuẓ ibn

3. Badr al-Dīn the odacı (chamberlain),

4. attended this [session] and witnessed it.

Verso, upper right, perpendicular (Judeo-Arabic filing note)

1. The document of the amīr Yūsuf Çelebi,

2. administrator of the district of Ṣafṭ Abū

3. Turāb, for sugar and other things.