Geniza Lab

Legal document. Partnership document. Location: Fustat. Dating: 1100 (per Goitein). This document, signed by Yitzhak b. Shemuʾel ha-Sefaradi, describes itself as a partnership document enacted between Abraham al-Mirjānī b. Moses and Mevorakh b. Eleazar, though details as to the partnership itself and the divison of profits and losses are missing from the preserved portion and much of the language is reminiscent of release documents. Each of the partners is given a copy of the document. The clauses here concerning soundness of mind are common in release documents as well. They also appear in both power of attorney and partnership agreements. While it is logical that soundness of mind would be required while releasing an erstwhile partner or while appointing an agent and releasing him from certain claims, it is odd that these clauses would appear when a new partnership relationship is formed. The soundness of mind clauses in the partnership release documents mirror those clauses seen in divorce or debt settlements, wills and release documents, suggesting that soundness of mind is required when one relinquishes a right. The document was written on Wednesday, 1 Sivan "in the year dated above" (which is not visible in the extant text) and signed the following day. (Information from Lieberman, "A Partnership Culture," 234)

Letter in Judaeo-Arabic. Reused for business accounts on verso, which are in the hand of ʿArūs b. Yosef (according to Goitein's notes). The letter is written in a very difficult hand. The addressee is asked to meet with Abū [...], Abū l-Barakāt, and the latter's mother and to convey the sender's greetings and the message that he only cut off his correspondence with them because they cut it off first. It seems that the sender's father (al-marḥūm abī), who was intimately associated with the addressees, has died. (Goitein read "abī" as "ṣabiyy" and a previous PGP transcription interpreted this as his son—but presumably that would have been written "al-ṣabiyy." Another possibility is "akhī"/brother, since the scribe does not carefully distinguish between כ and ב.) The death has led to various financial/business complications. The addressees are to send him all the things they are supposed to send, "just as you would to your father." The sender did not want to write a power of attorney as he has done with others. Apparently he wants to try resolving the dispute without resorting to legal instruments. He closes by asking them to do what is right, then a threat to escalate the situation if they don't. (All of this is tentative, because the letter has still not been adequately transcribed.) EMS. ASE.

Document of release concerning a partnership, denoted here as ‘mufawwada.’ (Phillip Ackerman-Lieberman, The Business of Identity, Stanford University Press, 2014, 112, 365) EMS

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.

Legal document. Record of release. Dated: 1014. Location: Fustat. This partnership release, from the court of Abraham Maimonides, describes itself using the Aramaic term "tavra", referring to the "breaking" of the partnership relationship and a renunciation of further claims. Abū al-Bahā b. Abū al-Ḥasan al-Dilātī the beekeeper releases his nephew Moses ha-Kohen from all obligations resulting from "all of the joint enterprises (mu‘āmalāt) which were between us from the beginning of time until now", as well as any concomitant oaths. Any further details of this family partnership are not included in the release. Goitein identifies three other financial documents between Abū al-Bahā and Moses, all of which concern loans from Moses to his uncle. That the present document is dated between the dates of two of these documents suggests that despite this document ending a partnership, their mutual financial dealings continued. As the other documents are all concerned with the repayment of loans from Moses to his uncle, it seems likely that Moses was the source of capital for this partnership, and one of their "mutual dealings" was an investment partnership. Presumably Moses would have released his uncle from any further claims in a separate document. (Information from Lieberman, "A Partnership Culture," 135)

Legal document. Partnership agreement. Dated: 1406 Seleucid, which is 1094/95 CE. Written in the hand of Hillel b. ʿEli. Location: Fustat. Abū Isḥāq Avraham b. Mevorakh al-Maqdisī and Abū Saʿīd ʿAmram b. Yosef each bring three hundred dinars into a joint venture in an apothecary shop, and agree to split profit and loss equally. Line 11 mentions Avraham b. Yefet the Mumḥe, who traded with Avraham b. Mevorakh in the absence of ʿAmram. Goitein deduces that ʿAmram "was not supposed to contribute work regularly" as the text implies that he will not always be in Fusṭāṭ. However, it's also possible that ʿAmram traveled as part of his responsibilities to the partnership, perhaps buying commodities to be sold in the apothecary shop. The sale of certain commodities in the shop were allocated to the partnership, while the partners were also allowed to sell other commodities and credit their individual accounts with the proceeds. (Information from Lieberman, "A Partnership Culture," 141)

Legal document. Record of release. Dating: 1150-1181. Written in the hand of Mevorakh b. Nathan. In this document, Abū al-Makārim Nadiv ha-Levi b. Moses ha-Levi settles a partnership account on behalf of Samuel due the father of Abū Naṣr and Abū al-Majd, perhaps upon the death of the father and the termination of the partnership. Upon payment of the balance to the two sons Nadiv is given a document of release, which indicates that Samuel had fulfilled his agency. In addition to the details concerning Nadiv’s payment to the two sons, the fragment is missing the partnership stipulations concerning term and distribution of profits and losses; it refers to the partnership as a "shirka", though the sons release Samuel from mu‘āmalāt. Line 19 replaces the Hebrew "ḥakhamim" with the Arabic "‘ulamā’" in a common rabbinic phrase; Nadiv had dealings in both Jewish and Muslim courts. (Information from Lieberman, "A Partnership Culture," 143)

Legal document. Court record. Dated: 1083-1084. Location: Fustat. Abū al-‘Alā ‘Ūlla ha-Levi b. Joseph al-Dimashqī and Abū Zikrī Yaḥyā ha-Levi b. Joseph ha-Levi dispute the details of a partnership. The verso records ‘Ūlla’s testimony that Yaḥyā would receive one-third of the profits after expenses, following the commenda model, while Yaḥyā argued that profits were to be split evenly, and the expenses were to come out of the proceeds of the sale. Goitein points out that in addition to the partnership funds trusted to Yaḥyā, ‘Ūlla entrusted a consignment of scammony (a medicinal plant) which was “on commission”, suggesting that “business in general was largely conducted on the basis of mutual trust and friendship”. On the other hand, the dispute at hand concerns specific details of the partnership, including a dispute concerning the possible markets to which Yaḥyā was empowered to travel (Damietta, Alexandria, and the Maghreb); the partnership is terminated prior to Yaḥyā’s journey to the Maghreb. This document may have been a draft, given the many strikeouts, and blank space in the document has been used for some Arabic material whis seems to be unrelated. (Information from Lieberman, "A Partnership Culture," 146)

Legal document. Partnership agreement. Dating: 1140. The partners (Abū al-Barakāt and Abū al-Faraj) split losses evenly but grant the active partner (Abū al-Faraj) thirteen twenty-fourths of the profit. In fact, the document specifies two twenty-fourths of the profit allocated to Abū al-Faraj, the amount by which his share exceeded Abū al-Barakāt's, as "remuneration [for his trouble and work]". Per Maimonides, the share of profits allocated to the active partner must be at equal to or greater than the share of losses. This suggests that in this case only 1/24 of the thirteen twenty-fourths of the profit allocated to Abū al-Faraj is the “additional amount” corresponding to payment for his work. The document is explicit that profits are split "evenly" (each partner receives eleven twenty-fourths), and an "additional amount" of two twenty-fourths is to be allocated to Abū al-Faraj. Abū al-Faraj is to have free disposal of the partnership capital, part of which is considered a loan, without any recourse to Abū al-Barakāt. Abū al-Barakāt also declares that his partner’s testimony would be trusted, even though both partners are supposed to perform an accounting. A copy of the partnership agreement is written for each of the parties' records. Should the partnership be terminated by either party before the end of the fixed period (which is not evident in the document, possibly due to deterioration), the terminating partner would be required to pay the other 50 dinars as an outright gift. If Abū al-Barakāt were to terminate the partnership prematurely, he would lose the entire amount putatively loaned to Abū al-Faraj, which was likely half his capital. (Information from Lieberman, "A Partnership Culture," 119-120)

Legal document in the hand of Ḥalfon b. Menashshe. Fragment (left side only). Location: Fustat. Dating: ca. 1127–38 CE. In which Abū Zikrī b. Yosef ha-Kohen and the ḥaver Berakhot b. Aharon ha-Kohen ha-Jalīlī form a partnership agreement, in which Berakhot will act as an agent and take merchandise to Damascus. Signed by Natan b. Shemuel he-Ḥaver, and validated by […] b. Natan he-Ḥaver, Ḥalfon b. Yosef ha-Kohen, Natan b. Shemuel, Avraham b. Shemaʿya and Ḥalfon b. Menashshe. The Abū Zikrī in this document may be identical with the Abū Zikrī Yehuda b. Yosef ha-Kohen in Bodl. MS heb. b 11/2 (a different partnership agreement). (Information in part from CUDL.) AA. ASE.

Legal document. Partnership agreement. Dated: March 1097. Location: Fustat. Written in the hand of Hillel b. Eli. This document is likely the top half of a document of which ENA NS 18.22 (PGPID 6925) is the final section. This section discusses the details of a partnership between Abū ‘Imrān Moses (dead at the time of document's writing) and Abū al-Baqā Samuel b. Nathan the Ḥaver. Abū ‘Imrān Moses contributed 124.5 dinars out of 484.5 dinars (the latter contributed the balance) and agreed to split profits and losses evenly. Moses traveled to al-Shām and sent merchandise back to the Fustat agency house of Abū al-Ṭāhir b. Rajā, a Muslim. This document was likely written directly after Moses’ death and concerns itself with the division of partnership assets between Moses’ heirs Nathaniel and Aaron and the investor Samuel, mentioning commodities deposited in the names of the heirs, and also those "allocated to the Elder Abū al-Baqā". The active partner bore responsibility for losses (similar to the Talmudic ‘isqa), though no additional amount was allocated to him for his maintenance or as compensation for his work. (Information from Lieberman, "A Partnership Culture," 129)

Legal document. Record of release. Dated 1085. Location: Alexandria. This document is a largely-complete release signed and executed by well-known members of the rabbinical court of Alexandria. The litigants are Yosef b. Shemuel and the judge Menashshe b. Pinḥas. Although the details of the relationship between the litigants are not explicitly stated, the release clauses suggest that a partnership existed between the two of them. Items listed include currency, raw and smithed precious metals, clothing, textiles, and other merchandise, suggesting that the partners were involved in a trading partnership. Yosef releases Menashshe (and not vice versa), suggesting that Menashshe was the active partner in the partnership. Like the "soundness of mind" clauses, the release from oaths appear in releases from partnerships and powers of attorney. (Information from Lieberman, "A Partnership Culture," 242)

Witness statement concerning a young man named Sedaqa the Meshorer b. Semah, an agent in a business venture in pharmaceutical plants, olive oil and gallnuts, amounting to the considerable sum of 90-91 dinars, who asks for witnesses on a Sabbath, because of the urgency of the matter. The witnesses accompany him to the house of a dying man, Abu al-Ma'ali al-Dhahabi Shelomo b. Yakhin, with whom he had a loan regarding some commodity Abu al-Ma'ali confirms that the sum mentioned was indeed all due to Sedaqa and declares that he is his trusted agent. Dated Kislev 1438/1126. (Information from Mediterranean Society, V, pp. 136, 543)

Rough draft of a deed of partnership in the hand of David b. Daniel, August -September 1086.

Court record in the hand of David b. Daniʾel and Hillel b. Eli (draft). This is the testimony of Yefet b. Menashshe, acting as power of attorney for his wife Banat, daughter of Abu al-Rida. Abu al-Rida died in a shipwreck on his way from Mahdiyya to Spain, and has left two daughters. Banat claims her father’s share of what remains (700 dinars) from his partnership with Musfir b. Shemuel, but Musfir insists the two were not in partnership when Abu el-Rida died. (Information from Gil, Kingdom, vol. 4, pp. 667-669, #824, and CUDL). VMR. ENA 4010.31 and T-S 20.162 are from the same case.

Partnership agreement from Fustat/Cairo, dated 1668 CE (״חכתה״ = 5428) between Yaʿaqov ha-Levi and a certain Yosef and a certain Refa'el.

Legal document. Record of release. Dating: April 1076. Location: Fustat. Ṣedaqa b. Muvḥar and Shemuel b. Aharon ha-Kohen al-Ṣayrafī ("the money-changer") are released from a partnership between Ṣedaqa’s father and Aaron, apparently at the death of Ṣedaqa’s father. Unlike trading partnerships, which often include allusions to consignments in general or traded commodities in specific in their release clauses, this release includes mention of both bills of exchange (suftaja) and vouchers (khaṭṭ). Apparently the partnership had encountered some difficulties (a "streak of ill fortune" is mentioned). The signatory Yefet b. Avraham b. Yaʾir the Judge is identified in other documents as a money-changer as well; perhaps the court contained expert witnesses who could testify to the probity of the parties in their line of work. Other signatories include Yaʾir b. Elʿazar and Ghālib b. Ḥalfōn al-Zayyāt (the olive-oil dealer), both known from other contemporary documents, and Yaḥyā b. Avraham ha-Levi he-Ḥaver. (Information from Lieberman, "A Partnership Culture," 149)

Legal document. Court proceedings. Yaʿqūb b. Yūsuf claims that Da’ūd and Ṣedaqa, sons of Ṣemaḥ b. Da’ūd al-Raqqī, have withheld profits from a partnership in a store. The brothers were also involved in long distance trading on behalf of the partnership. Yaʿqūb himself seems to have contributed the sum total of the partnership capital, amounting to four thousand dinars, which yielded a one time payment of ten dinars to Yaʿqūb and a single dinar each week, of which Yaʿqūb would receive half and the brothers the other half. Yaʿqūb also received 30 dinars each month to satisfy a debt on the store. After working as partners for a month, Yaʿqūb produces witnesses who notarize a detailed description of responsibilities for the partners (presumably the partners previously had an informal yet specific agreement). The document validates the testimony of Da’ūd and Ṣedaqa that their profits were scanty. Unlike in many other documents, the brothers are called to swear concerning the outcome of their long-distance trading. Their testimony does not preclude the possibility that Ya‘qūb will pursue further legal action against the brothers, but simply confirms that the profits represented the sum total of profits of the partnership. The identity and role of the character “Bishr”, mentioned in line 24, is unclear. It may refer to one of the witnesses, Mubashir b. Fahīd. (Information from Lieberman, "A Partnership Culture," 163)

Deed of compensation from the court of Efrayim b. Shemarya and in his handwriting. Concerning people from Tyre and a partnership, starting with an Arabic basmala.. (Information from E. Bareket, "The leaders of the Jews in Fustat", vol. 1 pp. 71-72, vol. 2, pp. 290, 380). VMR

Legal document. Partnership agreement. Dating: ca. 1210s. Location: Fustat. This fragment preserves the right side of a partnership agreement between Ibrahīm b. Mūsā al-Māyurkī ("from Mallorca") and another Ibrahīm b. Mūsā, whose origin isn't preserved in the text. Both would contribute both financial capital and labor. Funds are brought out into a single purse, suggesting that the act of qinyan effected the partnership. Both partners are to engage in trade. The division of profit and loss is not preserved, but line 10 hints that profits and losses were to be divided equally between the two partners. Line 11 affirms the partners' mandate to "avoid betrayal and indolence and neglect", suggesting this may have been a long-distance trading partnership. The partners promise "ethical and honorable", perhaps because certain norms of behavior are expected of the partners. This does not release the partners from the "oath of partners", though, so legal recourse for misappropriation or negligence remains possible. (Information from Lieberman, "A Partnership Culture," 185-186) Probably in the hand of the same scribe, some bearing the signature of the same witness, and some cut in half vertically like this document: T-S 13J3.25 (dated 1215), T-S 13J3.27 (dated 1218), T-S NS 226.12 (dated 1217/18 CE), MS 8254, fol. 17a (dated 1216), T-S NS J242 (dated 1214), ENA 2727.23a, and T-S 13J22.18. Another Ḥalfon b. Elʿazar ha-Kohen document: T-S 247. EMS. ASE.