מסמך משפטי: T-S Ar.38.71
מסמך משפטי T-S Ar.38.71What's in the PGP
- תמונה
- 1 Translation
תיאור
Court record in Arabic script, likely a draft. Concerning the inheritance of the late Sittāt bt. ʿAbdallāh. This document was probably drawn up in North Africa, based on paleographic considerations as well as the fact that verso was reused for the address of a letter from Nahray b. Natan to his cousin (ibn ʿamma) Nahray b. Nissim (who was originally from Qayrawān). The three lines at the bottom of recto are written in a different hand than the main document. The document contains an interesting glimpse into judicial archiving practices: "Subsequently the judge died and another judge assumed office. He examined the archive (dīwān) of the deceased (judge) and found that the money had been registered in it (l. 11). (Information from Goitein's index cards and from Khan.)
תגים
Translator: Khan, Geoffrey (in English)
T-S Ar.38.71 1r
1. In the name of God, the merciful and compassionate [ … ] in the gate of ʿAbdallāh, in the neighbourhood of the gate
2. of so-and-so. [ … ] paid to the judge [ … ] the foundation, whose price [ … ] the foundation; it is the price of the ruin that is at the gate
3. of ʿAbdallāh, near the gate of so-and-so, sold from the estate of ʿAṭiyya ibn al-Ḥāʾik. [Subsequently] other people presented themselves and stated that they were the heirs of Sittāt, daughter of ʿAbdallāh. They officially recorded her death and the number of her heirs at (the office) of the judge who had ordered the sale of the ruin,
5. and had him officially record that the [ … ] ruin was from her estate and that they were entitled to receive money corresponding to the sale price of the ruin. He subsequently ordered the amīr
6. to pay it to them and he paid. He, then, wrote a document of quittance for him: I considered the case of such-and-such a number of dirhams paid by so-and-so, son of so-and-so, this being the price of a ruin, the sale of which had ensued
7. by my instruction, from the estate of Sittāt, daughter of ʿAbdallāh. My judgement took account of her death, the number of her heirs, the death of those of them who had died
8. and those who were owed their inheritance, and was based on what I considered to be the correct course of action. These dirhams passed, by a legitimate instruction and valid means, to so-and-so,
9. son of so-and-so, and to the heirs of his deceased brother, these being his wife and his children, for so-and-so a half and for the heirs of his brother a half,
10. shared between them, according to the inheritance from him. I instructed him to pay that to them and he paid it by my instruction and it was registered with me. I, therefore, resolved that he should be granted a document of quittance from it.
11. This was executed and put into effect. Subsequently the judge died and another judge assumed office. He examined the archive of the deceased (judge) and found that the money had been registered in it.
12. On the request of the amīr he brought out the document of quittance and found that it was written that the ruin was from the estate of Sittat, but he found in the archive of the deceased judge
13. relating to pious foundations that it was from the estate of ʿAṭiyya ibn
Ḥāʾik. It was pointed out to him that this was not the same as the other (record). He stated: It is clear and binding.
14. He found legal proof that identified the ruin and defined it and testified that the ruin sold by instruction of the deceased judge on the understanding that it
15. was from the estate of ʿAṭiyya ibn Ḥāʾik was the one concerning which the heirs of Sittāt had recorded officially in his presence that they were owed its price in its entirety.
16. Since the legal proof was called to testify to him concerning it …… [ …] 17. Since the legal proof was called to testify to him concerning what it mentioned by way of his quittance [ … ] … what was found in the archive to be [ …]
18. the estate of ʿAṭiyya; since the legal proof stated that what was registered with the judge as being from the estate of ʿAṭiyya [ …]
19. was the right of the heirs of Sittāt and that they had received this. In God one places trust.