מסמך משפטי: ENA 2738.35

מסמך משפטי ENA 2738.35

תגים

תיאור

Legal document. Record of release. Dated: 1169. Location: Fustat. Likely in the hand of Mevorakh b. Natan b. Shemuel. Onetime business partners Abū al-Faraj Yeshu‘a and Abū al-Riḍā release one another from partnership obligations. Line 13 refers to the “oath of partners”, in which the partners swear that they have not engaged in malfeasance or negligence with partnership assets. This phrase is a statement made at the termination of a partnership, particularly where partnership assets have been lost; reports of partnership profits are often more frequent and are often performed during the life of the partnership. The release clauses pair “loan” (qarḍ) with commenda (qirāḍ) because of the linguistic relationship between the two. The release clauses are mutual. Signed by [unclear] b. Ya'aqov ha-Melammed. (Information from Lieberman, "A Partnership Culture", 51-53)

ENA 2738.35 1

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תיעתוק

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. [...] one thousand four hundred and eighty (years) …
  2. [(of the Era) of Documents, in Fusṭāṭ Egypt,] situated [on the Nile Rive]r, in the jurisdiction of our lord …
  3. […] we, the witnesses who have affixed our signature
  4. [at the bottom of this document. Thus: Abū] al-Faraj ha-Levi (our) tea(cher) and m(aster) Yeshu‘a ha-Levi, the beloved, …. [came before us]
  5. […] Eleazar the beloved youth b. M(r.) Amram
  6. […] the partnership (shirka) which
  7. was between us … […] ... was medicine in the market … and each of us received every claim and demand
  8. which he had upon the other, and no claim or demand remained for either of us with the other, neither a claim nor a demand, neither a debt,
  9. nor a pledge, nor a consignment, neither a bill of exchange nor a surety, neither a claim upon a partnership (shirka) nor a joint enterprise (mu‘āmala),
  10. nor a loan nor a commenda (qirāḍ), neither a claim for an item of trade nor for merchandise, neither a claim for profit
  11. nor for loss, neither for capital nor for profit, nor for any of the other types of
  12. its differences of opinion, or of differences in its types or circumstances. Each of us has released
  13. the other from the obligatory “oath of partners,” incumbent upon one to the other, in this partnership (shirka), as well as other (partnerships),
  14. and from all the claims and demands, and from the rest of the connections and responsibilities for which each
  15. of us has (a claim) upon the other, in this partnership (shirka) or in another, from the beginning of time up until now, a
  16. total, complete, conclusive, correct release, upon each of us and upon our heirs after us, for the other and for his heirs
  17. after him, with the most certain and perfect stipulations of release. Each of us has released the other from all
  18. types of oaths, vows and rider oaths which (Jewish) law might require for each
  19. of us with respect to the other concerning that which has been mentioned above, or in other matters, and even rider oaths
  20. and even ḥerem setam. Each of us has forgiven the other any claim which (Jewish) law would place upon him,
  21. with com[plete] forgiveness, and each of us has nullified any determination or interpretation before us
  22. [… from that which this release includes, or secret dispositions concerning secret dispositions
  23. […] to the end of all secret dispositions. We performed a qinyan with Abū al-Riḍā al Levi, and with Abū (al-Faraj)
  24. […] the two of them for all that which this document includes
  25. […] with an item suitable for doing so, effective immediately, in accordance with our intent
  26. […] and that which happened before us, we wrote and signed
  27. […] Everything is proper and clear and enduring.
  28. [... b.] Jacob the Teacher (who) r(ests in) E(den)

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  • ENA 2738.35: Images provided by the Jewish Theological Seminary Library (JTSL) CC-Zero / Public Domain