מסמך משפטי: T-S 12.594

תיאור

Legal document. Dating: before 18 Shevaṭ 1455 Seleucid = January 1144 CE. Location: Al-Maḥalla (probably). Parties: Netqanʾel b. Naḥman ha-Levi and Yeshuʿa b. Yosef ha-Kohen. Witnesses: Zakkay b. Moshe, Saʿadya b. Natan, and Eliyyahu b. Ḥiyya ha-Melammed Goitein's description: "This short document is an excellent illustration of the administration of justice in a provincial town. The presiding judge is assisted by elders, two of whom sign with him, in order to constitute the legal quorum of a court of three. A Muslim document is admitted as proof without much ado. The judge rules according to strict Jewish law and imposes a heavy fine in the case of non-fulfillment of obligations. No opposition to the rulings of the judge on the side of the parties is noted. The sessions of the court are held on Mondays and Thursdays as in the capital. The judge is Zakkay b. Moshe, who also wrote and signed Bodl. MS heb. d 65/41 (ed. Assaf, Tarbiz 9 (1938), p. 34), dated 1143 CE, and T-S 13J3.6v, dated 1147 CE. Both of the other documents are also from al-Maḥalla. Therefore, there is little doubt that our document (which is written less carefully than the two others and does not contain the name of the place of issue) also originated in al-Maḥalla like the documents preceding and following it in time. Three types of oath are referred to here. One of the Torah, i.e., mentioned in the Bible, namely that to be sworn by a debtor who acknowledges part of the sum claimed by the creditor; secondly, a statutory oath, created by the rabbis of the Talmud to be given by a debtor [...] the entire claim made against him; finally, a "rider," which might be imposed by any party on another obliged anyhow to swear a legally acknowledged oath."