רשומה קשורה ל-מסמך משפטי: T-S 20.160
מסמך משפטי T-S 20.160- ציטוט
- S. D. Goitein, unpublished index cards (1950–85), #8454. Princeton Geniza Lab, Princeton University.
- Relation to document
- דיון
- ציטוט
- Mordechai Akiva Friedman, "Pre-Nuptial Agreements with Grooms of Questionable Character: A Geniza Study,"Diné Israel 6 (n.p., 1975), 105-122.
- Relation to document
- Digital Translation
Translator: Friedman, Mordechai Akiva (in English)
T-S 20.160 1r
Recto
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A memorandum of testimony that was before us, we the witnesses who sign below on this
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document: Toviya b. Eli b. Khalaf said in our presence, "Be my witnesses and perform the binding symbolic act (qinyan) with me,
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as of now, and write and sign (a deed) binding me, with every term of a deed of right, and deliver it to (our) master and l(ord) Solomon
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the elder b. Nethanel the elder, rest the soul, in order for him to deliver it to Fā'iza, my fiancée, so that it may be
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in her possession as a deed conveying rights in the future. Because I declare in your presence — in a complete declaration, of my free
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will, of my desire and my wish, with my complete senses and choosing, and with my firm willingness, not coerced
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nor erring nor deceived, rather with whole heart and a willing desire, with fixed will and a sound
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body, firm in mind, fast in thought — that I perform a symbolic binding act (qinyan) now upon myself, before I marry
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her, that from the time this Fā'iza enters my home, I will conduct myself with her as the best decent
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Jews do with decent Jewish women; to pave righteous paths and to abandon [...]
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subversion and perverseness. I will associate with proper men and not associate with
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corrupt men. I will not bring into my house licentious men, buffoons, frivolous
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jesters, and good-for-nothings. I will not enter the house of anyone who clings to licentiousness,
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corruption, and ugly deeds. I will not associate with them for food and drink
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or anything else. I will not purchase for myself a slave girl — as long as this Fā'iza is with me
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in marriage except with her explicit consent. I will not leave Fustat, Egypt,
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to travel abroad, as long as Fā'iza is with me, unless she agrees and assents.
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I, Toviya b. Eli b. Khalaf, undertake all these stipulations, accepting
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completely and strictly. I will fulfill them, confirm them, and uphold them. I will not alter them, nor violate them,
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nor make them void or null. They are held by me as double, considered
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like the stipulations of the sons of Reuben and Gad, with affirmation before negation. If, God forbid,
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I should nullify them or any one of them, the court will have the authority to take action against me and to exact
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the punishment of heaven from me. And all disclaimers, conditions, disclaimers of disclaimers, and disclaimers
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derived from disclaimers, to the last possible disclaimer, which I may have made or which others
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may have made for me, or which I might make against this deed of conditions are all void
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and nullified in your presence, as of now, with all the terms used by the sages for voiding
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disclaimers and conditions. I, Toviya b. Eli b. Khalaf, undertake the security of
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this deed of conditions in the strongest and strictest fashion of all verified valid court deeds
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established by the rabbis and in common practice from this day and forever, not like asmakhta — collateral
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or formularies". We performed the binding symbolic act (qinyan) with Toviya b. Eli b. Khalaf, known as
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Ibn Zaffān (Son of a Buffoon), for this Fā'iza, his fiancée, daughter of Solomon b. Nethanel, on all that is written
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and specified above, with an implement suitable for performing it. We wrote and signed
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on the new moon of Kislev, year 1359
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of the era by which we are accustomed to reckon in Fustat, Egypt, which is
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situated on the Nile, Strong and valid. Samuel b. R. Abraham, r(est his) s(oul).
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Solomon b. Mundhir.
T-S 20.160 1v