מסמך משפטי: L-G Misc. 42
מסמך משפטי L-G Misc. 42What's in the PGP
- תמונה
- 1 Translation
תיאור
Engagement deed. In the hand of Ḥalfon b. Menashshe. Groom: Ṭoviyya b. Tiqva. Bride: Sitt al-Kull bt. Peraḥya, a virgin. Her paternal uncle received on her behalf 3 rings of fine gold, a ring of amber, and two silver "unbūbas." Witnessed by Avraham b. Shemaʿya he-Ḥaver; Yiṣḥaq b. Shemuel ha-Sefardi; and Ḥalfon b. Menashshe. Dated: Kislev 1431 Seleucid, which is November 1119 CE. This is in fact the earliest known example of such a deed, since formalising a couple’s engagement with a legal document appears to have been an innovation of the 12th century. Jewish marriage is a three-stage process: engagement (shiddukhin), betrothal (erusin/qiddushin), and marriage. Betrothal, at which the couple are declared married but do not move in together, and marriage, when the woman leaves her father’s house and lives with her husband, are both formal events requiring a written document. Engagement, however, was an oral agreement of a more informal nature. In 12th-century Fustat, Egypt, however, the Jewish community began to formalise engagements through a written deed, in order to better protect the rights of women in the partnership. The deeds mostly consist of prenuptial conditions to be imposed on the husband: where the couple would live (and who has the right to choose), the right of the woman to ask for a divorce, various restrictions on the husband’s movements, etc, and testify to the relative power that Jewish women had in the marriage agreement. (Information mainly from CUDL and some from Goitein's index card.)
תגים
Translator: Outhwaite, Ben (in English)
L-G Misc. 42 1r
The honourable, great and holy, our master and teacher Toviyya, the esteemed elder—may God protect him—son of the honourable, great and holy, our master and teacher Tiqva the esteemed elder—may his end be good—concluded a match with Sitt al-Kull daughter of the honourable, great and holy, our master and teacher Perahya ha-Kohen, the esteemed elder, who is known for his good deeds—may his end be good. And they both agreed that the early marriage payment will be forty gold dinars, as a complete, clear and open gift from the time of marriage, and the late payment will be . . . good gold dinars.
And her paternal uncle received in our presence two gold-set rings, one . . . ring, . . . [one] silver ring, one amber ring, silver tubes, small pieces of . . . amber, a silk carpet, a golden green kerchief, and a head cover. . . . And the honourable, great and holy, our teacher and master Toviyya, the fiancé, took upon himself that this Sitt al-Kull will be regarded as trustworthy in her statements, in the conduct of her household and her ketubba, with regard to her outfit and all other implements used by her in every respect, by him and all his heirs after his death; that she has the status of two trustworthy witnesses; and that no oath, grave or light may be imposed on her under any circumstances, [nor even] an anonymous ban.
L-G Misc. 42 1v
verso
We performed an act of acquisition with him regarding everything imposed upon him with an implement fit for doing so, nullifying all secret dispositions and conditions. And we have written and signed it so that it will be as a title of rights and as proof. All this took place on Friday eve, 2nd of Kislev, year 1431 of the Era of Documents. Strong and valid. Everything is strong, firm and valid.
Abraham ben Shemaiah, Member of the Academy, son of Shemaiah Gaon—may he rest in Eden.
[Isaac] son of Samuel the Spaniard—the memory of the righteous be blessed, may he live in the world to come.
Halfon son of Manasse ha-Levi
