Geniza Lab

Legal document. Partnership agreement. Written in the hand of Ḥalfon b. Menashshe. Dated: 1003-1004. Location: Fustat. In bad repair, this fragment (T-S 8J22.16) reveals part of a partnership document between ʿOvadya and Menashshe ha-Kohen. It is signed by Ḥalfōn b. Manasseh and Manasseh ha-Kohen b. Jacob, thus datable to the first half of the twelfth century. Each of the partners is to receive a copy of the agreement, which is enacted in accordance with both their wills, as well as a specific appraisal (which is not preserved). This appraisal may have detailed the assets of the partnership and each partner’s contribution. Division of profits and losses is not preserved. The relationship is described both as a shutafut and a shirka. The term shirka may be used to refer to an act of qinyan; lines 8-9 seem to refer to the act of shirka along with acts of payment and appraisal. (Information from Lieberman, "A Partnership Culture", 187-188). T-S 12.525 expresses that the store sold olive oil and legumes, and the partners invested equally (9 dinars each, ʿOvadya in cash and Menashshe in goods such as linseed oil, olives, and lemon juice). The term of the contract was one year and should a party leave, he would pay the other 2 dinars. Each party received a copy. (Information from Weiss, "Legal Documents written by the Court Clerk Halfon Ben Manasse", 149-150)

Legal document involving Abū l-Ḥasan and Refa'el and Abū l-Muʿāfā (who may be the same as Refa'el), possibly a dissolution of a partnership. The pressing of wine and the spoiling of wine are mentioned. Information from Worman catalog. On verso are jottings in Judaeo-Arabic and Arabic, perhaps related to recto

Partnership agreement dated Sivan 1735 CE (5495), to last for eight years, it seems for a business venture dealing in etrogim. The six partners are (1) Yaʿaqov Bonsenyor (whose signature is preserved at the bottom), (2) Yeshuʿa al-Ḥāmī, (3) Avraham [...], (4) David Mizraḥī known as Nawwār (?), and (5) the youth Avraham Rozanes known as Ghazzāwī, and (6) Avraham's father, Shemuel al-Ghazzāwī. (There are a few missing words so it is not certain that Shemuel al-Ghazzāwī is the 6th partner.) An interesting detail mentioned is that Yaʿaqov Bonsenyor is about to set forth for a sheliḥut in Hebron and in Yemen. ASE.

Legal document. Partnership record. Dating: 1085 (per Goitein's index cards). Written in the hand of Hillel b. Eli (probable, per Goitein). This document is the end of a deathbed declaration in which the dying man accounts for the assets due a partnership in a lead foundry. Apparently the dying man kept an account book; while some assets were held jointly between the dying man, his brother Abū ‘Alī, and one Abū al-Khayr, other assets (including a claim against someone named Yāqūt for 11.5 dinars) were held only between the dying man and Abū al-Khayr. Although Abū al-Khayr may not have been the sole active partner, the document declares trustworthy concerning profit and loss, a phrase often applied to the active partner in a long-distance partnership. Perhaps he had to relinquish some control of the enterprise in his final days as he was ill. His death is recorded on lines 9-10. Although the death of a partner is a sufficient condition for termination of a partnership in Jewish and Islamic law, the typical termination clauses are absent. Rather, the dying man’s brother is to take his place and the partnership is to continue, suggesting an inheritable or transferable, quasi-corporate aspect to the partnership. (Information from Lieberman, "A Partnership Culture," 113)

Legal document. Partnership contract. In the hand of Hillel b. ʿEli. Location: Fustat. Dated: 1100. This court record notes the reorganization of a business venture after one of the partners absconded with some of the partnership capital. Abū Mansūr Aharon b. Mevasser al-Zayyat contracted a partnership in an oil and legume shop in Ḥamām al-Faʾr (the "Rat" bathhouse), also known as the shop of Ibn Shahrayn al-Jazzār, with Abū ʿImrān Moshe b. Mordekhay ha-Kohen and Abū Saʿd b. Abū l-ʿAlāʾ, the latter of whom may have been Aharon's brother. Moshe was likely the senior investor, collecting 5/12 of the profit; Abū Saʿd, an investor and the active partner, was to collect a third; and Aharon was to collect a quarter. When, to Aharon and Moshe's shock, Abū Saʿd absconded with the partnership assets, Aaron took Abū Saʿd's place. Aharon and Moshe reconfigured the partnership and agreed to split profits evenly. (Information from Lieberman, "A Partnership Culture", 45-46)

Request for judgment in a case involving two partners, one of whom traveled to Malīj in the Rīf. The partners' dispute concerns transport costs, specifically, a donkey worth 5 dinars. It was lost on the trip to Malīj. The borrower wanted to pay only 2 dinars. After his death, his son who inherited his father was supposed to pay. Information from Goitein's notes.

Testimony in the hand of Shelomo, dated 1229, about the dissolution of a partnership.

Verso: Partnership contract. In Hebrew. Dated: Thursday, 24 Tammuz 1298 Seleucid, which is 23 June 987 CE. Yosef b. Yaʿaqov and ʿEli b. Qimoy each contribute two units of money with which they will trade. Goitein notes that as ʿEli b. Qimoy must have been very rich (see his ketubba, T-S 16.70, from 995 CE), this partnership was a form of philanthropy/charity. (Information from Goitein's notes.) Alternate description: Verso: Legal document. Partnership agreement. Dated: June 987. Location: Fustat. Joseph b. Jacob and ‘Alī b. Qīmoī each place two silver coins in a common purse; each will transact with discretion in unnamed commodities. The document is incomplete and unsigned; the clauses concerning distribution of profits and losses, if any, are not preserved. ‘Ali b. Qīmoī is known from his marriage-document (see T-S 16.70, PGPID 4091). (Information from Lieberman, "A Partnership Culture", 114)

Legal document in the hand of Ḥalfon b. Menashshe ha-Levi. On parchment. Fragment (long vertical strip from the left side of the document). Mentions the Nagid and Abū l-Munā al-ʿAṭṭār. Seems to be the dissolution of a partnership (the same partnership as in T-S 10J4.10, which involves Abū l-Munā al-ʿAṭṭār Yaʿaqov b. David?) and a mutual release by the partners.

Legal document. Record of release. Dated: September 1016. Location: Fustat. ‘Ammār b. Joseph the Dyer releases Samuel ha-Kohen b. Moses b. Ṣemaḥ from all claims, and relinquishes any claim to funds owed by a number of named individuals in Malīj. These debts may have been accounts receivable, or may have been partnership investments made by ‘Ammār and Samuel. Goitein suggests that the document was written on 9 Tishri (Erev Yom Kippur) "because people from Malīj, where the workshop was operated, had come to Fusṭāṭ for [the holiday] and were able to witness the release", though Lieberman says there is no evidence that any of the witnesses came from Malīj. Still, the court in Fusṭāṭ may have been busy just before Yom Kippur, with litigants wanting to set their affairs in order before the holiday began – this could explain the number of witnesses. It may be no coincidence that this release from partnership obligations is written just before the festival which marks divine release from transgressions in the year which has just ended. Goitein characterizes this as an "industrial" partnership centered around a workshop, because ‘Ammār is identified as a dyer. But there are no details concerning the object and nature of the partnership itself, and ‘Ammār leaves all claims to Samuel, leaving open the possibility that he was not the principal, but was instead working for Samuel. There are nine signatures, including that of Elhanan b. Shemarya. (Information from Lieberman, "A Partnership Culture," 212)

Legal document. Partnership record. Dated July 1103. Written in the hand of Hillel b. Eli. This fragment concerns ownership interest in a partnership between Mōda‘ and Abraham al-‘Assāl. In the document, Mōda‘ calls upon Abū al-Faraj al-Bazzāz to testify that Mōda‘ has an interest in the partnership, while Abraham seems to claim that he or he and his wife are the sole owners of the capital. Abraham apparently invested capital with Mōda‘ for the operation of a shop, and upon distribution of the profits it became unclear whether the capital was intended to be simply a deposit with Mōda‘ or if it would be (per Maimonides) "half a loan…and half a deposit". Apparently, these details were left unspecified when Mōda‘ first became involved in the venture. Subsequently, Mōda‘ seems to have called two individuals – one (perhaps a scholar) identified only as Head of the Congregations ("Rosh ha-Qehillot"), and Abū al-Faraj – to the shop to clarify the nature of his relationship with Abraham. Thus, the present document reports that the Head of the Congregations affirmed in a qinyan that Mōda‘ was indeed a partner with Abraham and not simply an employee. Signed by Abraham b. Shemaiah and Isaac b. Samuel ha-Sefardī. (Information from Lieberman, "A Partnership Culture," 218)

Legal document. Record f release. Dated: February 1095. Location: Fustat. This document was drawn up following the termination and settlement of a commenda between Solomon b. David al-Dustarī/al-Tustarī and Benaiah b. Moses. As part of the settlement, Solomon was allocated ten dinars and change, five dinars and one qirāṭ to be paid immediately by Benaiah. The balance is to be collected by Solomon, acting as an agent to collect on debts owed by Jacob al-Ḥarīrī and Jacob al-Ṣabbāgh to Benaiah. The debtors will then make monthly payments of the balance to Solomon. Benaiah stands as guarantor for the debts. This document is a final release from Solomon to Benaiah, leaving only the uncollected debts. Goitein writes that "the investor lost almost 50 out of 70 dinars confided to an overseas trader, but was convinced by ‘the elders of the community’ that he had no claim against him." The "convincing" seems to have been the normal settlement procedure required for release; though the document refers to the agreement as a commenda (muḍāraba), its details don't confirm that it totally follows the model of the Islamic muḍāraba – for example, the active partner is left owing funds to the investor, suggesting that simply liquidating the invested assets was insufficient to satisfy his obligations to the latter. However, had the active partner borne no responsibility for loss (as in an Islamic muḍāraba), this would have sufficed. The verso – as yet untranscribed – is a form for a power of attorney, with "John Doe" substituted for parties’ names. This document seems to be unrelated to the recto, despite the allusion to a power of attorney ("wakāla"). (Information from Lieberman, "A Partnership Culture," 215)

Legal document. Record of release. Location: Fustat. Dated: Second third of Elul 1482 Seleucid, which is August 1171 CE. The mutual release of the metal caster (al-sabbāk) Faḍāʾil/Shela b. Mūsā and the metal caster Abū l-Barakāt/Berakhot b. Abū Naṣr Yefet al-Mūrid, formerly partners in an unspecified industry, likely to have been in minting as both of the partners bear the same by-name al-Sabbāk (metal-caster) and Berakhot’s father is called al-Mūrid (supplier of metal to the mint). Other details of the partnership (e.g., the amount of the partners’ investment, division of profits and losses) are absent from the release. The act of qinyan is recorded twice in the document, once for each party's release of the other. Interestingly, the specific claims from which the partners are released are different in each case: Shela releases Berakhot from any claim "arising from a bill of exchange" (ḥawāla), a clause absent when Berakhot releases Shela. Conversely, when Berakhot releases Shela, he retains claims for neither "a commenda (muḍāraba), nor a loan, nor a commenda (qirāḍ), nor a demand for rent nor [for leasing …]", all clauses which are absent from Shela’s release of Berakhot. While partnership release clauses generally seem to be formulaic, other documents' release clauses often contain information concerning the partnerships' commodities. Here, it's possible that these clauses were tailored to the roles of the specific partners. If so, the fact that Berakhot releases Shela from these obligations (which would have been incumbent upon a borrower) suggests that Berakhot was a senior partner or investor. As well, in his lifetime, Berakhot’s father was himself involved in a corollary business concerning precious metals; this partnership may have relied upon Berakhot’s family connections or wealth. (Information from Lieberman, "A Partnership Culture," 222)

Legal document. Partnership agreement. Dated: January 1207. Location: Fustat. This document records a six-month partnership between Abū al-Fakhr b. Abū al-Futūḥ ha-Levi al-Shammā‘ (who invested 1,000 dirhams) and Abū al-Bahā b. Khalaf (who invested 100 dirhams). The two partners are to transact in "medicinal commodities"; their business will transport these commodities between Fusṭāṭ and Cairo. Profits and losses are to be shared evenly. Goitein calls this a commenda, perhaps because Abū al-Fakhr’s investment dwarfs that of Khalaf, although both of the partners are to trade actively. On the other hand, the partners agree to avoid deceiving each other and relying upon divine supervision, suggesting that the two do not work side-by-side at all times. As is common in these agreements, lines 4, 11 and 14 acknowledge the role of God in the success or failure of the venture. (Information from Lieberman, "A Partnership Culture," 226)

Legal document. Partnership record. Dated: July 1218. Location: Fustat. Emerging from the court of Abraham Maimonides, this document concerns the disintegration and settlement of a partnership in an apothecary which had been managed by Munajjā al-‘Aṭṭār b. Abū Sa‘d al-‘Aṭṭār and Abū al-Khayr b. Abū al-Riḍā al-Naqqād ha-Levi. There are a number of provisions concerning the assets of the concern: first, Munajjā is entitled to one dinar from Abū al-Khayr for fourteen months, a debt recorded in a separate document; second, the balance of all the shop’s merchandise is to be retained by Munajjā; third, the first 800 dirhams of the shop’s debts will be repaid by Munajjā (any excess will be repaid by the two partners jointly); fourth, both partners will share in collecting accounts receivable, with the funds divided equally between them; and, fifth, six copper basins will go to Munajjā (which previously belonged to Abū al-Khayr, as he is held responsible for anything missing from them). (Information from Lieberman, "A Partnership Culture," 228)

Legal document. Partnership settlement. Dated: October 1143. Location: Fustat. Written in the hand of Nathan b. Solomon ha-Kohen. The recto records the settlement of a partnership and the verso records subsequent payments. The partners, Khalaf b. Abū al-Ḥasan al-Damsīsī and Joseph b. Ḥassān al-Mahdawī, took purple dye materials to Upper Egypt and sold it there. Conflict ensued, perhaps when the partners divided up profits or losses from the sale of the dye (since the division isn't specified in the document). The mutual release was complete, except for a payment of two dinars to be made from Joseph to Khalaf according to a payment schedule described in the document. If Joseph fails to make full payment, he must make a donation to the poor in the same amount as he owes. Khalaf is to be trusted (presumably, without an oath) concerning Joseph's payments. Despite the aforementioned penalty clause, Joseph apparently took longer than expected to repay the two dinars, since the final release which appears on the verso is dated six months after the end of the loan repayment period, in 1144. (Information from Lieberman, "A Partnership Culture," 219)

Partnership settlement recorded in the home of Rabbi Moshe Damūhī in Cairo that bears a date in line 34 of 9 Ḥeshvan 5304 AM (1543 CE). This is not the exact date of recording for this document, which has been lost to damage in the lower right corner and was likely somewhat later in the sixteenth century. The partnership settlement is related the cost of rent and repairs for a building in which a section was used as a house of prayer for the Maghrebi congregation. Some of the names of the individuals involved are: Raḥamim b. Mordechai Ḥadād and Najma bt. ha-Rofe Saʿadia Tawīl. The witness Badusa b. Asher may have also scribed this document. He is listed as the sole witness in a nearby shelfmark from 1569CE (CUL T-S 13J4.20). Information from Goitein's linked index card and Dotan Arad's edition. MCD.

Legal document. Partnership agreement. Dated: May 14, 1238. Written in the hand of Solomon b. Elijah (identified by Goitein), teacher and court scribe. Concerning a partnership in a "kitchen" (maṭbakh), likely a facility engaged in food preparation. The mention of a "division" (that is, of assets) and the statement that "only […] remains" suggests that this may be a partnership settlement and release, or at least this release was not accompanied by a final settlement of all accounts, though the document isn't sufficiently well-preserved for certainty. The partners were Abū al-Riḍā Yaḥyā b. Samuel and al-Makīn b. Shela ha-Levi. The exact date is given in the Islamic calendar (28 Ramadan 635), and is also dated in the Jewish calendar (last ten-day period of Iyar) with the Seleucid year (1549). (Information from Lieberman, "A Partnership Culture," 236)

Fragmentary legal record of testimony relating to the affairs of a business partnership, 1544/1232-1233.

Legal document. Power of attorney. Location: Fustat. Dated: February 1084. Power of attorney from Moshe b. Avraham to ʿAmram b. Yosef ha-Ḥasid, to act on his behalf in litigation with Maḥbūb. Moses b. Abraham appoints Amram b. Joseph his unlimited agent to collect debts from Maḥbūb b. Ḥibān in al-Maḥdiya, some of which consist of partnership assets (including semiprecious stones, glass beads, gold, and similar commodities) as a ṣuḥba, in this case meaning a deposit with, with Ḥassūn ha-Levi b. Solomon. The partnership relationship was fairly complex, Moses depositing funds with Ḥassūn who passed them on to Maḥbūb. Maḥbūb may have been a regular partner with Moses or alternatively, an agent serving many traders and remitting funds from active partners who stopped in Tunisia to their investors in Fusṭāṭ and elsewhere. When the funds failed to reach Fusṭāṭ, Moses sent Amram to collect them. The clauses denoting proper state of mind are common to release documents and powers of attorney. (Information from Lieberman, "A Partnership Culture", 167)