מסמך משפטי: T-S 20.21

מסמך משפטי T-S 20.21

תגים

תיאור

Legal document. Record of release. Dating: April 1076. Location: Fustat. Ṣedaqa b. Muvḥar and Shemuel b. Aharon ha-Kohen al-Ṣayrafī ("the money-changer") are released from a partnership between Ṣedaqa’s father and Aaron, apparently at the death of Ṣedaqa’s father. Unlike trading partnerships, which often include allusions to consignments in general or traded commodities in specific in their release clauses, this release includes mention of both bills of exchange (suftaja) and vouchers (khaṭṭ). Apparently the partnership had encountered some difficulties (a "streak of ill fortune" is mentioned). The signatory Yefet b. Avraham b. Yaʾir the Judge is identified in other documents as a money-changer as well; perhaps the court contained expert witnesses who could testify to the probity of the parties in their line of work. Other signatories include Yaʾir b. Elʿazar and Ghālib b. Ḥalfōn al-Zayyāt (the olive-oil dealer), both known from other contemporary documents, and Yaḥyā b. Avraham ha-Levi he-Ḥaver. (Information from Lieberman, "A Partnership Culture," 149)

T-S 20.21 1r

1r

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. Testimony which was before us—[we, the witnesses who have signed belo]w on this release document. Thus: [(our) tea(cher) and m(aster) Ṣedaqa]
  2. b. Muvḥar (may his) e(nd be) g(ood) [came before us] and said thus: “Testify concerning me and perform a qinyan wi[th me from] now on, using all language of claims, write and sign and give it to m(aster) S[amuel ]
  3. ha-Kohen b. Aaron (who) r(ests in) E(den) al-Ṣayrafī, in order that he would have proof and a legal claim effective immediately. This happened willingly, in accordance with my wishes and desire, willingly, without duress—
  4. I release him—without negligence and error, and without any defect therein, and without defect therein from all the (factors) which invalidate testimony, rather with a full heart and a firm resolve, I at[test]
  5. before you that I have received from Samuel ha-Kohen [….] seve[n …. dina]rs, and two-thirds, and a qīrāṭ of a dinar, good of weight, curr[ency] of Fusṭāṭ standard weight
  6. at that time. I have released him therefrom in a release through receipt and acceptance (of what was due); [and nothing re]mains for me therein, not eve[n a] single [far]thing; this is what was collected from the tota[l capital]
  7. of my father whose total was one hundred forty-five dinars and a half, from the amount of the partnership (shirka) which was between him and my father, for he took out of the total that //which//
  8. returned to the middle (that is, to the partnership) (after) the streak of ill fortune, and beyond it fifty dinars and two qīrāṭs of my father, which I received for myself, which is half of the remainder. Likewise, I also release him from
  9. all the claims and demands and the obligations and responsibilities which have been between us from the beginning of time up until now; a definitive, complete, eff[ective] release;
  10. a terminating, irreversible, release; unconditional and [without interpret]ation weakening it and without argument nullifying it; a release from me—me, Ṣedaqa b. Muv[ḥar, may his end be good]
  11. in my lifetime and from my heirs after my death, from any judgment and matter from all the claims and challenges, both clear claims and possible claims, and from any [matter]
  12. called “financial”, and from (the claim of) overreaching and grievance (claims), within the earthly jurisdiction and the Heavenly jurisdiction, and from oaths and decrees and from rider oaths and from pronouncements, [general]
  13. and specific, and from the determination of the court, from Jew[ish] law [and with the assist]ance of gentile courts. I have forgiven him from now any negligence or error which
  14. proceeded from him from the beginning of time up till now, with c[omplete] forgiveness which can nev[er be reversed], since nothing remains for me with him, and I have no rights
  15. to claim against him whatsoever, neither with respect to me nor with respect to my father; not for a dirham nor for a dinar, no less than these and no more; not regarding a
  16. partnership (shirka) or a deposit or trust nor any suspicion nor betrayal nor usurpation nor overstepping nor a bill of exchange (suftaja) nor a voucher nor an account nor (anything) in remainder
  17. therein, nor an error due to misallocation in a joint enterprise (mu‘āmala) nor an error in accounting. I have forgiven all that which has been mentioned and that which has not been mentioned and I do not have (the right to demand) an oa[th]
  18. for all this, from that which has caused damage in his name or he has delayed from me. Behold, he is free from all types of oaths; and he is completely free
  19. and completely released, orally and in (my) heart, in this world and in the world to come. The responsibility for (fulfilling the terms of) this document is upon me and upon my heirs after me, for it is not like promises and not
  20. like formularies, rather but rather (bears) the weight and force of all legal documents of the court. All documents in any script and language would exclude something or invalidate this docume[nt of]
  21. release are hereby nullified before us effective immediately, and consid[ered as a po]tsherd (thrown) in the marketplace, which is without substance. Every court which would rely upon them (as a legal source) may not do so.
  22. I have also nullified all secret dispositions and conditions which may be made for me and [which] we have [ma]de in connection with this document of rel[ea]se, as a decree of the Sages, (may their) m(emory be) f(or a blessing).” We performed a qinyan with master Ṣedaqa
  23. b. Muvḥar (may his) e(nd be) g(ood) and master Samuel ha-Kohen b. Aaron (who) r(ests in) E(den) with an item suitable for doing so, concerning everything written and specified above. We wrote and signed on Wednesday
  24. which is the twenty-first day of the month of Iyyar of the year one thousand three hundred and eighty-seven years according to the count we ordinarily employ in Fusṭāṭ Egypt
  25. situated on the Nile River. We gave (it) to M(r.) Samuel ha-Kohen b. Aaron (who) r(ests in) E(den), in order that he would have in his hand a title of right and proof. Proper and enduring. Yair b. Eleazar (who) r(ests in) E(den)
  26. Japheth b. Abraham b. Yair the Judge (whose) s(oul is at) r(est) Ṣāliḥ b. Muvḥar […]
  27. Yaḥyā ha-Levi the Ḥazzan b. Abraham the Ḥaver … (who) r(ests in) E(den) Ghālib b. Ḥalfōn (who) r(ests in) E(den)

T-S 20.21 1v

1v
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