מסמך משפטי: T-S NS J11 + T-S 10J4.16 + T-S 16.158 + T-S 10J4.17

מסמך משפטי T-S NS J11 + T-S 10J4.16 + T-S 16.158 + T-S 10J4.17

תגים

תיאור

Legal document. Agency agreement. Location: Fustat. Written in the hand of Ḥalfon b. Menashshe. T-S 10J4.16: agreement granting Abū l-Riḍā Shelomo b. Mevorakh power of attorney to collect from the assets of a partnership between three parties – Abū Sa‘īd Ḥalfōn b. Nissim Abū Ḥusayn al-Tinnīsī (the senior partner), Abū l-Faḍl Amram b. Abū Kathīr Efrayim, and Abū l-Faraj Yeshuʿa b. Menashshe ha-Levi al-Jubaylī – once the partnership has ended. The partnership lasted three years, from January 1115 to January 1118, and its purpose was to export valuable items from Upper Egypt for resale in Yemen. The principal who retained Shelomo is eligible to collect from the entire partnership, which includes funds which Shelomo himself had placed with the partnership, acting as both principal and agent. Most of the legal form of the power of attorney is missing. The verso contains a copy of a release, in which Shelomo absolves his erstwhile partners from any further obligations, except for part of the profits which they owe him. Shelomo releases Ḥalfon and ʿAmram separately from Yeshu‘a. Here, the word ṣuḥba (T-S 10J4.16, line 4) refers to a joint investment or partnership, not a deposit. The unrelated(?) document (T-S 10J4.17) is a release document from Sitt al-Sāda, daughter of the last Palestinian Gaon Evyatar ha-Kohen to Menashshe b. Seʿadya ha-Kohen. The nature of their relationship is unclear. (Information from Lieberman, "A Partnership Culture," 196, 261-263)

T-S NS J11 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).

TS NS J 11

  1. […] … ten, and five hundred and fifty and a half Almoravid dinars
  2. … silver weighing eighty-two dirhams, and a linen Tūnī cloak with a border, and my agent has a claim
  3. for all that from the 4 of them. We sent an inquiry to Fusṭāṭ and the matter remained in his hand such as it is. I am separating (myself)
  4. from him concerning what he chooses and effective immeditely, he has … and power in this locale to receive my assets
  5. into his hand and to release (someone) from the remainder—he alone. This is roughly the text of the aforementioned document which
  6. was brought to us, from beginning to end; and the text of the witnesses letter for letter and word for word: Testimony which was
  7. before us—we, the undersigned witnesses. Thus: the Elder Abū Sa‘īd (our) tea(cher) and m(aster)
  8. Ḥalfōn the beloved b. (our) tea(cher) and m(aster) Nissim the Elder, known as the Elder Abū Ḥusayn, known as al-Tinnīsī (who) r(ests in) E(den) and the Elder
  9. Abū al-Faḍl (our) tea(cher) and m(aster) Amram the beloved b. (our) tea(cher) and m(aster) Ephraim the Elder, known as the Elder Abū Kathīr (who) r(ests in) E(den), and the
  10. Elder Abū al-Faraj al-Jubaylī (our) tea(cher) and m(aster) Yeshu‘a the beloved ha-Levi b. (his) h(onor,) g(reatness, and) h(oliness) Manasseh ha-Levi, Head of the Congregation
  11. (who) r(ests in) E(den) came before us, and they said to us, “Testify on our behalf and perform a qinyan with us effective immediately, write and sign concerning us with all
  12. the appropriate legal formulae and the expressions of certainty, and all the language of claims, and give that to his Excellency the glorious Elder
  13. Abū al-Riḍā the agent (his) hon(or,) gre(atness, and) hol(iness,) our teacher and our master Solomon the honored courtier, the Sage and the wise one, b. (his) hon(or,)
  14. gre(atness and) hol(iness) our teacher and our master Mevorakh, the Ḥaver (Fellow) of the Great Sanhedrin (may his) m(emory be) f(or a blessing,) in order that he would have from this day forward proof and a legal claim
  15. that we attest before you with the most certain and perfect expressions of affirmation, in our good health and freedom of will,
  16. willingly, with neither duress nor force nor compulsion, without negligence or error, nor defect of illness within us, nor anything of the like
  17. from all the factors which nullify testimony, that we have asked God, may His name be exalted, for guidance, and we have affixed our names,
  18. and we have received and accepted from him a basket of Dabīqī cloth, the amount of its value being two hundred and fifty-four
  19. dinars, and ten items of clothing amounting to nine dinars less a quarter, and specie amount to thirty-seven dinars and a quarter (dinar),
  20. the total being three hundred gold dinars of weighed specie, good and correct, of Fusṭāṭ standard weight. All that came into
  21. our possession entirely and in toto, that we would travel with it to Yemen and to other places
  22. to which we might turn in travel […] the good fortune therein, and the benefit—if God wills it—

T-S 10J4.16

  1. and on our way from Upper Egypt we will buy the merchandise we chance upon with the specie, and we will sell all of it
  2. in Yemen and in other places through which we will happen to pass. We will buy that which seems good to us
  3. using the proceeds of all the merchandise which we realized in the places to which we were going, and we will return with that
  4. to Fusṭāṭ, selling it all. That which exalted God dispatches therein in terms of profit, after repayment
  5. of the capital and expenditure on provisions, will be for us—a third for each of us, minus a pittance demanded as compensation for (his) trouble and work,
  6. and the (remaining) two-thirds will be for his Excellency the glorious Elder, this Abū al-Riḍā. None of the three of us may demand more
  7. than a third of the profit, even the value of a farthing or more. Likewise, also, none of us has a claim upon the
  8. glorious Elder, this Abū al-Riḍā for the original accounting for this merchandise—neither regarding deceit in its purchase nor in raising
  9. the price of the precious objects, nor anything of the like, since all of us have attested before you effective immediately that he need not add
  10. anything. All of us agree to the original accounting, since we have confirmed it and have an understanding about it that none of us has
  11. any claim upon him for any reason, nor any claim whatsoever, and none of us is
  12. entitled to an oath from the glorious Elder, this Abū al-Riḍā, … (beyond that which) we have already received from him, nor a rider
  13. [oath, nor] an oath, nor even ḥerem setam. Each of us has taken upon himself effective immediately, concerning the tota[l]

T-S 16.158

  1. See ll.12-13 above.
  2. See ll.12-13 above.
  3. (value of) the merchandise which he had at his disposal, the faith of the Heavens, and that …
  4. and doing as is right and “the voice of justice”, and fulfillment of trust. We will not hide from the glorious Elder, this Abū al-Riḍā
  5. anything that comes to us. We wrote this document for him in order that it will be in his hand and in the hand of his heirs after him, upon us
  6. and upon our heirs after us, ordered and proper and enduring and durable, conveying to them rights before any court forever,
  7. not like formularies or like prototypes of documents, but rather as the most certain and perfect of that which the Sages (may their) m(emory be) f(or a blessing) decreed
  8. in the like, and any document in any script or language which would exclude something or nullify this document is nullified
  9. effective immediately and considered as a potsherd in the marketplace, lacking any (legal) substance, such that any court which would rely upon them
  10. may not rule from them. We have also nullified all secret dispositions and conditions which may be made for us and which we have made concerning this document,
  11. as a decree of the Sages. We performed a qinyan with these (individuals, our) tea(cher) and m(aster) Ḥalfōn b. (our) tea(cher) and m(aster) Nissim the Elder (who) r(ests in) E(den) and with (our) tea(cher) and m(aster) Amram
  12. b. (our) tea(cher) and m(aster) Ephraim the Elder (who) r(ests in) E(den) and from (our) tea(cher) and m(aster) Yeshu‘a ha-Levi b. (our) tea(cher) and m(aster) Manasseh ha-Levi, Head of the Congregation, (who) r(ests in) E(den),
  13. with the glorious Elder Abū al-Riḍā, (his) hon(or,) great(ness,) and holi(ness) our teacher and our master, this Solomon the honored courtier, the Sage and the wise one,
  14. b. (his) hon(or,) great(ness and) holi(ness) our teacher and our master Mevorakh the Ḥaver (Fellow) of the Great Sanhedrin (may his) mem(ory be) for a b(lessing), with an item suitable
  15. for doing so, concerning everything written and stipulated above. We wrote and signed this testimony
  16. and gave it to the glorious Elder, this Abū al-Riḍā, in order that he would have in his hand a title of right and proof. That took place in Fusṭāṭ
  17. Egypt in the first ten-day period of the month of Shevaṭ of the year 1426 of the Era of Documents. Proper and enduring.
  18. Manasseh ha-Kohen b. Saadiah (may his) s(oul find) r(est) Nathan ha-Kohen b. Ephraim (may his) s(oul find) r(est) Moses b. Amram (who) r(ests in) E(den)
  19. Here ends all which comprises the aforementioned document with all the witnesses, as established in the court
  20. letter for letter and word for word. We accepted it and it was declared sound after comparing it. On the verso of the aforementioned document
  21. is a release for the Elder Abū Sa‘īd and the Elder Abū al-Faḍl regarding what
  22. Elder Abū al-Faraj al-Jubaylī their partner. And this is the text of what is written on its verso with all
  23. of the witnesses as well, letter for letter and word for word : “We performed a qinyan—we, the court, and one who signed with us
  24. below—with the glorious Elder Abū al-Riḍā (his) honor, greatness (and) holiness, our teacher and our master Solomon the honored courtier,
  25. the Sage and the wise one (may his) R(ock) p(rotect him) b. (his) honor, greatness (and) holiness, our teacher and our master Mevorakh the Ḥaver (Fellow) of the great Sanhedrin
  26. (may his) m(emory be) f(or a blessing), mentioned within this document, a complete and weighty qinyan, with an item suitable for doing so, effective immediately,
  27. nullifying all secret dispositions and conditions, that he has released the Elder Abū Sa‘īd (our) tea(cher) and m(aster) Ḥalfōn the beloved b. (our) tea(cher) and m(aster)
  28. Nissim the Elder, known as the Elder Abū al-Ḥusayn al-Tinn[īsī] (who) r(ests in) E(den) and the Elder Abū al-Faḍl (our) tea(cher) and m(aster) Amram the beloved
  29. b. (our) tea(cher) and m(aster) Ephraim the Elder, known as the Elder Abū Kathīr (who) r(ests in) E(den), both of whom are also mentioned above in (this document)
  30. See l.1 below.

T-S 10J4.17

  1. from […] what was […] with the exception of their boon companion the Elder Abū al-Faraj al-Jubaylī from the assets of
  2. this document, which is two thirds of the total amount therein, and nothing further remains upon either
  3. of the two of them due to his relationship (with him)—neither a demand for the original assets nor for the profit, nor for a simple oath nor
  4. for a grave oath, even ḥerem setam. He has released each of them effective immediately any claim
  5. with which he could have against them, with a complete release, orally and in his heart, in this world and in the world to come, since
  6. all that he could had coming to him he had received from the two of them, completely and totally, and
  7. nothing remains for him from all the assets of this document except for the third of the amount which was mentioned therein for
  8. the Elder Abū al-Faraj al-Jubaylī (our) tea(cher) and m(aster) Yeshu‘a the beloved ha-Levi b. (his) h(onor,) g(reatness, and) h(oliness, our) tea(cher) and m(aster) Manasseh ha-Levi, Head
  9. of the Congregation (who) r(ests in) E(den). That which God has sent him from the profit therein, he still owes
  10. the remainder, and he has not absolved him from it. We wrote and signed (this document) in order that there would be a title of right and proof
  11. since that has remained in his hand until now. That took place in the first ten-day period of the month of Shevaṭ of the year 1429 (of the Era) of Documents,
  12. in Fusṭāṭ Egypt. Proper and clear and enduring. Isaac b. Samuel ha-Sephardi (may he) me(rit) the ne(xt) wo(rld)
  13. Ḥalfōn ha-Levi b. Manasseh (who) r(ests in) E(den) Here also ends all that which is affixed to the verso of the aforementioned document,
  14. and the witnesses, letter for letter and word for word. We also composed it and it was declared sound after
  15. the comparison and after our establishing all that and its receipt. This beloved woman,
  16. called Sitt al-Sāda bt. our lord Abiathar ha-Kohen Gaon (may his) m(emory be) f(or a blessing,) stated upon the appearance of her husband
  17. the Elder, this Abū al-Makārim, “Testify on my behalf and perform a qinyan with me effective immediately, write and sign concerning me
  18. using all the appropriate legal formulae and all the expressions of certainty and all of the language of claims, and give it
  19. to the Elder Abū al-Ḥasan the Ṣayrafī (his) hon(or,) g(reatness and) h(oliness, our) tea(cher) and m(aster) Manasseh ha-Kohen the Elder (may) his R(ock) pr(otect him) b. (his) h(onor,) g(reatness and) h(oliness, our) tea(cher) and m(aster)
  20. Saadiah ha-Kohen, the Elder, (who) r(ests in) E(den,) in order that he would have from this day onward proof that I attest before you with the most certain
  21. and perfect expressions of affirmation, in my good health and freedom of my will, willingly, with neither duress
  22. nor force nor compulsion, without negligence or error, nor defect of illness within me, nor anything of the like from all

T-S NS J11 1v

1v

T-S 10J4.16 1r

1r

T-S 10J4.16 1v

1v

T-S 16.158 1r

1r

T-S 16.158 1v

1v

T-S 10J4.17 1r

1r

T-S 10J4.17 1v

1v
תנאי היתר שימוש בתצלום
  • T-S 10J4.16: Provided by Cambridge University Library. Zooming image © Cambridge University Library, All rights reserved. This image may be used in accord with fair use and fair dealing provisions, including teaching and research. If you wish to reproduce it within publications or on the public web, please contact genizah@lib.cam.ac.uk.
  • T-S 10J4.17: Provided by Cambridge University Library. Zooming image © Cambridge University Library, All rights reserved. This image may be used in accord with fair use and fair dealing provisions, including teaching and research. If you wish to reproduce it within publications or on the public web, please contact genizah@lib.cam.ac.uk.
  • T-S 16.158: Provided by Cambridge University Library. Zooming image © Cambridge University Library, All rights reserved. This image may be used in accord with fair use and fair dealing provisions, including teaching and research. If you wish to reproduce it within publications or on the public web, please contact genizah@lib.cam.ac.uk.
  • T-S NS J11: Provided by Cambridge University Library. Zooming image © Cambridge University Library, All rights reserved. This image may be used in accord with fair use and fair dealing provisions, including teaching and research. If you wish to reproduce it within publications or on the public web, please contact genizah@lib.cam.ac.uk.