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Join: T-S 16.138 + T-S AS 152.28
T-S 16.138
Recto/verso: recto
Section:
Legal document. Record of release. Dated: August 9, 1077. Location: Alexandra. This release document, written in the Alexandria rabbinical court, concerns a partnership between Yosef b. Yoshiyya Ibn al-Dhahabī and Khalaf b. ʿIzrūn, which seems to have been canonized in an "Arabic document" in the hand of the latter. The document seems to have been the product of an Islamic court, as it "bear[s] testimony of non-Jews". The partners release each other from a number of possible partnership forms: the khulṭa, the shirka, and the muʿāmala. The partners also release each other from any qirāḍ later in the release clauses; this is certainly because of the linguistic relationship between qirāḍ and qarḍa (though qarḍa refers to a loan, not a partnership agreement). The partners also absolve each other from all oaths, including the ḥerem setam or "anonymous ban" (imposed by the Geonim as the "oath of partners" to prevent malfeasance). These partners likely worked together as partners for a number of years. In T-S 13J1.16, dated to 1066, Yosef appoints Khalaf his agent. It's possible that T-S 16.138 is a release from that agency relationship, but lines 18-19 suggest that the two parties later restructured their relationship and contracted as partners, from which the present document grants release. The signatories, Mawhūb the Ḥazzan b. Aharon the Ḥazzan and Shela b. Mevasser, are well-known members of the rabbinical court of Alexandria at the end of the eleventh century. (Information from Lieberman, "A Partnership Culture," 131.) Join: Oded Zinger.
Ed. S. D. Goitein, unpublished editions https://princetongenizalab.github.io/goitein-notes/5C.2.1%20Mediterranean%20People_%20partnerships_%201-30/T-S%2016.138%20%28PGPID%203423%29.pdf.
Type: Legal document
