TS8_J32_3 - LEGAL_DOCUMENT
{
Document TS 8 J 32, f. 3, from the Taylor-Schecter collection
of manuscripts from the Cairo Geniza, is the incomplete record of a
case that came before the Jewish court in Fustat in 1162 C.E. In
this case, Samuel b. Solomon, a trader in silk in the Egyptian
Delta, brings an allegation against his partner in this enterprise,
Eleazar b. Isaac. What follows is a transcription, translation, and
interpretation of this document, which has never been published.
Recto
}
áà ùãçî òáàøìà àúàìúìà íåé éô ïàë àîì 1
àøäð ñåìéð ìòã íéøöî èàèñôá úåøèùì âòúà 2
ãåáë úøàôú úøéôö úø÷é úøãäã äéúåùø äáúåî 3
àéùðå åðëéñð åðøåã ãéç[é] åðáøå åðøî úùåã÷ úìåãâ 4
åéùøôå ìàøùé áëø éåìä ìàðúð åððåãà åðëåúá íéäìà 5
äîìù øá ï÷æä ìàåîù ø øöç íìåòì åîù éäé 6
áùåîìà òð ï÷æä ÷çöé î ïá ï÷æä øæòìà îå òð ï÷æä 7
î íã÷úå íìåòì åîù éä[é] åðøåã ãéçé åððåãà úøãä 8
äöð àãä àîá éåòãìàá øæòìà î éìò ìàåîù 9
øëæðä øæòìà î ïéáå éðéá [÷]ôúà éððà ìàåîù î ìà÷å 10
àøàðéã ïåñîëå äéàî äðò [ï]îúìà âìáî øéøç éô äëøù éô 11
ïåòñúå äñîë äðîå øàðéã ïéñîëå äñîë êìã ïî éì 12
øéøç äòéîâ øåëãîìà âìáîìàá àðéøùå àøàðéã 13
éì äðî úìúìà çáøìà ïåëé ïà äéìò àð÷ôúà àî éìò 14
äëéøù øæòìà î ïà ìàåîù î øëãå äì éúìúìàå 15
äòáøàá æàøëìà ïá óñåéì øåëãîìà øéøçìà ïî òàáà 16
àðà úòáàå (?) äéìà àäðî úøàöå øàðéã ïéñîëå 17
éìà úãøåà øàðéã ïéòáøàå äòáñá øéøçìà ïî àöéà 18
é÷á]] é÷àáìàå øàðéã ïéøùòå äòáñ êìã ïî øæòìà î 19
ïò àâøàë ïéìîàòîìà ãðò úé÷á øàðéã ïéøùò åäå [[ãðò]] 20
ìà äæôç [[àîì]] äðà äðéòá áùåîìà éô øëã íú ãåðîñ 21
éìò äô÷àåô øåö äðéãî éô äì ïåéãì [[äðéãî éìà]] øôñ 22
äàîñú÷à àîäðàå øåëãîìà øéøçìà ïî é÷á àî äîñ÷ 23
{
Verso
}
ìà øéøçìà ïî äúöç ãçàå ìë ãëàå ïîúìà éìò 1
äô÷åî øàðéã ïéøùò øëã àî éìò é÷áå øöàç 2
äìöå àäâàøëúñàì äâåú àîì äðà äìçîìà éô 3
éãìà áäãìà éìò éãò ã÷ ïà øëãé øæòìà î äëéøù áàúë 4
ìà øåöðî åä éãìà øæòìà î ìàñô äãðò ïàë 5
øàðéã ïéñîëìà ïà øëãô äîöë ?[äåò]ã ïò øåëãîìà é÷ùîã 6
àäéô äëéøù ãéå äãé éãìà ä[áé]òìà éô úìöçå úéáâ 7
øàðéã ïéøùòå äòáñìà ê[ì]ãëå èçìàå ìéùìà éô 8
àîäðî ãçàå ìë ïàå øéøç[ì]à íàñú÷àá ø÷àå 9
ïàáå äæééç éìà øåëãîìà [ø]éøçìà ïî äáéöð íö 10
äìçîìà éìà äâåú ìàåîù î. //øåöðî øëãå// [[íú]] äøéâ ïò äá 11
ïéøùòìà ïåëì äñôð éô äöë àî [[÷å÷ç]] àôéúñàì 12
ãàòå àäàôéúñà ú÷å ïéçé íì äé÷àáìà øàðéã 13
[[ïàå]] ãçàìà íåé äéðàú äøôñ äâåúå äìçîìà ïî 14
ãâà íìå]] äáéòìà úã÷ôú äâåøë//ì íåé éðàúå// [[ãòáå]] äìçîìà éìà 15
ïéúñå äúñ àäðî íãò ã÷ úãâåô [[ïéò àäéô]] 16
ìà ïò ìàåîù øì ïéã úéá ìàñ àîìô . øàðéã 17
ìà ãðò ú÷áú ã÷ àäðà øëã éãìà øàðéã ïéøùò 18
øéøçìà äîñ÷ ú÷å éô äðà øëãô //àì íà äñôð éìò àäìá÷ ìä// ïéìîàòî 19
àäìá÷
ìàåîù ø øëã äðéòá áùåîìà éôå äñôð éìò 20
àîäáàñç àãåô àáñàçú øéøçìà äîñ÷ ú÷å éô àîäðà 21
äìîâ éô äìëàã àäðàå çáø øàðéã øùò éðúà éìà 22
áùåîìà éô é÷ùîãìà øåöðî åáà øëãå éáâ àî 23
{
Translation
Recto
(1) It was on Tuesday, the fourth of the month of Ab (2-3) 1473 of the
era of documents, in Fustat, Egypt, which is situated on the Nile river,
under the authority of his excellency, his honor, the diadem, the crown,
his honor, (4) greatness and holiness, our master and teacher, the
[s]elect one of our generation, our viceroy and the prince (5) of God
among us, our lord Netanel ha-Levi, the chariot of Israel and its
horseman, (6-7) may his name be forever. Samuel the elder, son of
Solomon the elder, [may] E[den be his] r[esting place], and Mr. Eleazar
the elder, son of Isaac the elder, [may] E[den be his] r[esting place],
attended the sitting of the court (8-9) of his excellency, our lord the
select one of our generation, may his name [b]e forever. Mr. Samuel
first brought against Mr. Eleazar the allegation of which this is the
transcript. (10) Mr. Samuel said: "The aforementioned Mr. Eleazar and I
agree[d] (11) on a partnership in silk whose pri[ce] was 150 dinars.
(12-13) Of that, 55 dinars was mine, and 95 dinars was his. We bought
with all of the aforementioned amount silk (14) according to what we had
agreed the profit would be: a third of it for me (15) and two-thirds for
him." Mr. Samuel mentioned that Mr. Eleazar his partner (16-17) sold
some of the aforementioned silk to Joseph b. al-Kharaz for 54 dinars and
kept some of it (the money) for himself. "I also sold (18) some of the
silk for 47 dinars, of which I conveyed to (19) Mr. Eleazar 27 dinars,
and the rest (20) - 20 dinars - remained with the workers outside (21)
Sammanud." Then he mentioned, in the same sitting of the court, that he
prepared to (22) travel to collect the debts that were owed him in the
city of Tyre, and he agreed to (23) the division of what remained of the
aforementioned silk, and that they divided it
Verso
(1-2) according to the price, and each one took his share of the
available silk. There remained, according to what was said, 20 dinars
located (3) in al-Mahalla, and when he (Samuel) went to get it, he
received (4-6) a letter from his partner Mr. Eleazar, saying that the
gold that he had with him (in the common fund) had been stolen. The
aforementioned Mr. Eleazar - who is Mansur al-Dimashqi - was questioned
about his opponent's c[laim], and he said that the 50 dinars (7) were
collected and received in the b[a]g in which he and his partner shared
(8) the profit and loss and al[s]o the 27 dinars. (9) He acknowledged
the division of th[e] silk and that each one of them (10-11) took his
share of the aforementioned sil[k] into his possession, and he thereby
separated himself from the other (Samuel). //Mansur said//: ? Mr.
Samuel set out for al-Mahalla (12-13) to exact payment for himself of
his share. Since the time for exacting the twenty remaining dinars had
not come, he returned (14) from al-Mahalla and set off on a second trip
on Sunday (15) to al-Mahalla //and the second day after// his departure,
"I looked for the bag (16) and found that it lacked 66 (17) dinars."
When the court asked Samuel about the (18) 20 dinars which he had
mentioned had remained with the (19-20) workers //whether he had taken
it upon himself as an obligation or not//, he said that he had taken it
upon himself at the time when the silk was divided. In the same sitting
of the court, Samuel said (21) that the two of them at the time when the
silk was divided had settled accounts and that their settlement came
(22-23) to 12 dinars' profit, and that the total of what had been
collected was inside (the bag). Abu Mansur al-Dimashqi said in the
court....
Textual Notes, by Line Number:
Recto
(1-3)-1the fourth of the month of Ab 1473 of the era of-0
-1documents-0: "The era of documents" is the common designation for
the Seleucid era. The date corresponds to July 17, 1162 C.E.
(16-17)-1and kept some of it for himself-0: It is impossible to tell
from the manuscript whether the correct reading is äéìà äðî úøàöå, "he
kept some of it for himself," or äéìà äðîú øàöå, "he kept its price,"
meaning that Eleazar kept the entire 54 dinars, whether in the bag or
among his personal funds.
(22)-1he agreed-0: In the manuscript, äô÷àåô, which would ordinarily
be translated "he stood" or "he stopped". Yet S.D. Goitein notes that
÷ôå was commonly mispronounced (and hence misspelled) ó÷å. See -1A-0
-1Mediterranean Society-0, I: -1Economic Foundations-0
(Berkeley and Los Angeles, 1967), p. 412, n. 36. ä÷ôàåô makes better
sense in this context.
Verso
(4-6)-1had been stolen-0: éìò éãò ã÷. For this meaning, see Edward
Lane, -1Arabic-English Lexicon-0, Book I (London, 1863-1893, reprinted
New York, 1955-1956), Part 5, p. 1977. The root is åãò. -1the-0
-1aforementioned Mr. Eleazar, who is Mansur al-Dimashqi-0: øæòìò î
øåëãîìà é÷ùîãìà øåöðî åä éãìà, which would more readily be translated
"Mr. Eleazar, who is the aforementioned Mansur al-Dimashqi." But since
Mansur has -1not-0 been mentioned before, the translation as I have it
makes better sense.
(7)-1the b[a]g-0: According to Lane, a leather bag in particular seems
to be understood from äáéò. See -1Lexicon-0, I, Part 5, p. 2206. The
word ï±ÅîÇ is also used in the Geniza to denote such a bag. A note to
that effect appears in Goitein's card indexes on microfilm, under
"Glossary of Arabic Words." (I was privileged to have access to
Goitein's notes via the S.D. Goitein Laboratory for Geniza Research at
Princeton University.) ï±ÅîÇ appears with the same meaning in the
-1History of the Patriarchs of the Egyptian Church-0. See Vol.
IV, Part II (Cairo, 1974), p. 136 of the Arabic text. According to
Reinhart Dozy, the word is derived from the Persian ï±ÅîÇÄ, "a leather
bag, carried at the side, in which are kept utensils, papers, money,
etc." See -1Supplement aux dictionnaires arabes-0, 3rd ed. (Leiden
and Paris, 1967), I: 279.
(7-8)-1he and his partner shared the profit and loss-0: äëéøù ãéå äãé
èçìàå ìéùìà éô àäéô, literally, "his hand and his partner's hand were in
it in the ìéù and the èç." These two words, which are crucial to our
understanding of the partnership, are quite problematic. The root of
ìéù is ìåù, which connotes raising or picking up (Lane, -1Lexicon-0,
I, Part 4, pp. 1621-1622). By itself, the word has no apparent monetary
connotation. However, Dozy (-1Supplement-0, II: 811), cites Idrisi as
using it to refer to transporting merchandise, thus putting a perplexing
wrinkle in our interpretation. The basic meaning of èç is putting
(something) down (Lane, -1Lexicon-0, I, Part 2, p. 592). With regard
to money, however, it connotes paying or contributing; with regard to
value, denigrating (Dozy, -1Supplement-0, I: 299-300). Goitein, in
the "Glossary of Arabic Words" in his card indexes, construes èç as a
reduction of price. All things considered, I would hazard the guess
that when they appear in combination in this context, the two words
convey the sense of a rise and decline in prices or proceeds - in short,
profit and loss. Since responsibility for profit and loss was basic
information in a description of a partnership (see Goitein, -1Med-0
-1Soc-0, I: 171-173), this interpretation seems reasonable.
(10-11)-1separated himself from-0: ïò ïàá. For this meaning, see
Lane, -1Lexicon-0, I, Part I, pp. 285-286. The root is ïéá.
}
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