Bodl. MS heb. b 11/2
Legal document. Commenda. Dated: November 1132. Abū Zikrī Yehudah b. Yosef ha-Kohen and Ḥananel b. Nissim partner in a shop. The active partner performs a regular reckoning, the details of which are trusted without witness testimony. Profits are split evenly after expenses. The active partner is specifically prohibited from lending funds on to another partner; if he does so, those funds will be taken directly out of his share of the partnership. The laws of unlimited investment partnership (mufāwaḍa) permit a loan to be granted with both partners' permission, and the even split of partnership profits or losses is also reminiscent of the mufāwaḍa agreement. However, while the qinyan provisions here are mutual, the provisions concerning the work itself suggest that one of the partners is significantly senior. (Information from Lieberman, "A Partnership Culture", 32-34)
Editor: Ed. S. D. Goitein, India Book 5; also ed. and trans. P. Lieberman, The Business of Identity: Jews, Muslims, and Economic Life in Medieval Egypt (2014).
