Geniza Lab

List of court cases in Judaeo-Arabic. One involves the payment of a capitation tax (jāliya), another involves a Jew who sued someone in Muslim courts. Information in part from FGP.

Legal document. In Judaeo-Arabic. Reconciliation between al-Muʿallim Manṣūr al-Dajjājī (same as in T-S NS 297.76?) and his wife, in which Manṣūr submits to various conditions concerning his wife's property. Mentions the 'waraqa' that is 'against him' in the Muslim courts. The name Shemuel al-Amshāṭī appears in the margin. Signed: ʿOvadya b. Shemuel; Yehuda b. Moshe.

Legal testimony. Location: Alexandria. Dated: Sunday, 11 Tammuz 4912 AM, which is 1152 CE. Under the reshut of the Nagid Shemuel b. Ḥananya. Witnesses (=judges): Mevorakh ha-Kohen b. Natan; Shelomo ha-Kohen b. Ṭahor ha-Kohen; Yiṣḥaq b. Yosef. Shemuel b. Yehuda Ibn Asad and ʿUlla b. Yeshuʿa Ibn al-ʿIrāqī are the two litigants (mutashājirīn). They appear before the court together with a messenger of the Muslim qāḍī, and all agree that they will annul a previous agreement made before a Jewish court and make a similar agreement in Muslim court. Information in part from Goitein's note card.

Letter in Judaeo-Arabic. From several people, probably addressed to Sayyidnā al-Rayyis. The senders are currently being held in prison and it sounds like they are making their case to the addressee to exert himself to help them. They had evidently antagonized some man in a legal battle. This man then showed up drunk to a gathering and attacked them and insulted them and tried to smash jars of oil. When this didn't get him anywhere, he went to some government office (Dār al-Sulṭān) and cried out for help, "O Muslims! I do not say... the religion of Islam." They tried to appease him, but he said, "You 'wrote' (a contract?) in Muslim courts... I will take revenge on you!" The authorities responded to the ruckus by throwing everyone in prison. ASE

Recto: A long, interesting letter from a judge to a cantor. The writer is publicizing the ban of excommunication that the late Nagid (אדונינו ראש ישיבתה שלתורה הקדוש זצל) placed on Makārim b. Manṣūr al-Sammāk who encroached on the rights of the tax farmer of al-Maṭariyya—either Heliopolis (Goitein) or the district with the same name in the Delta—who is named Sālim. Goitein: Letter of a dayyān of Cairo to the ḥazzān of al-Maṭariyya, requesting him to intervene with Nāṣir al-Jazzār who had farmed the taxes of the locality from the Amir Malik al-Umārā' and then asked from Sālim 60 instead of 40 dirham nuqra, after Makārim b. Manṣūr al-Sammāk overbade him. See Med Soc II, 606. Verso: Accounts in Arabic script. Needs further examination

Letters in Judaeo-Arabic, probably copies of letters sent in the name of Avraham Maimonides. There are at least two letters sharing the same folio. Only the ending of the first one is preserved, and it helpfully ends with the date (Adar II 1535 Seleucid, which is 1224 CE), and "Avraham wrote this." The next one begins with the motto "hineh el yeshuʿati" (also used elsewhere by Avraham Maimonides). The letter is addressed to the congregation of Ashmūm and at their head, R. Moshe ha-L[evi]. It addresses the problem that there is no muqaddam in Ashmūm to oversee marriages and divorces, and as such, the people have been going to the Muslim courts. They are informed that this is wrong and that they should stop doing it. R. Moshe b. Peraḥya ha-Dayyan is mentioned. The text on verso seems to be a continuation, because it continues to discuss Ashmūm and brings in a certain R. Yehuda and Minyat Zifta. Needs examination.

Letter in Judaeo-Arabic. Not complete. Dated: 8 Tammuz יֿהֿ אֿבֿ כֿֿשֿ, which may be 5338 AM, which is 1578 CE. The writer is surely a Qaraite, since he refers to 'the damned bastards' of the בני משנה, that is, the Rabbanites. The letter contains a detailed description of a legal case. "They took the four fatwās/responsa and me to the Shāfiʿī (Muslim) judge. . . he is very important, and they showed him the fatwā of the Shafiʿī (jurisconsult?) and said, 'Judge this Jew. . .'" It seems that the writer had a Rabbanite enemy seeking his downfall, but the enemy failed and the writer triumphed. There are several lines praising God for His goodness and calling down curses on enemies and schemers and anyone who has pity on a Rabbanite—"may he taste his medicine." The letter concludes with various greetings. ASE.

Legal testimony dated 1151 CE (1462 Seleucid). Witnessed by Yeshuʿa b. Shemarya, Shela b. Yakhin, and Natan b. Yosef ha-Kohen. Abū l-Maʿālī b. Shemuel b. Yehuda Ibn Asad declares that he has been cheated out of 1000 dinars by Abū l-ʿAlā b. Bū l-Faraj and his partner Ṣadaqa b. Yaʿqūb Ibn al-Qalʿī. They already took Ibn Asad to a Muslim judge, al-Athīr, who evidently ruled againsth. Information from Gottheil-Worrell, p. 33. Should be revisited.

Court record in the hand of Efrayim b. Shemarya. A litigant named Moshe has claimed that his loan of 50.5 dinars to Ṣadaqa was guaranteed by Ḥesed ha-Zaqen al-Ṣayrafī (possibly Abu Naṣr al-Tustari?), and refuses to have a decision ratified in the Muslim courts. See Goitein's note card, Penn catalogue on FGP, and Bareket's edition for further information.

Letter from Yeḥiel b. Yiṣḥaq ha-Ṣarfati, in Jerusalem, to a certain Menaḥem (probably the judge Menaḥem b. Yiṣḥaq b. Sasson), probably in Cairo. Dating: Early 13th century, likely 1219–29 CE (Shweka's assessment). See also T-S 8J33.4, a previous letter on the same matter. "At the beginning of the 13th century there were two communities in Jerusalem which were established after the city was conquered by Salah al-Din in 1191: the Ashkelonite community and the Maghrebi community. Beginning in 1210, a wave of pilgrims – known as the Emigration of the Rabbis – arrived from France and England. Relations between the various communities were very tense, as testified by Yehuda Alharizi, who visited Jerusalem in 1214. From letters of R. Yehiel the Frenchman to Fustat, we learn about a heated debate that took place in Jerusalem at the time. Because the Jews were not allowed to immerse themselves in the Shiloah spring, a campaign was held in Egypt to build a new mikveh, and a large sum was collected and sent to the community in Jerusalem for this purpose. But R. Yehiel, the leader of the community, objected to the construction of a new mikveh, preferring that the women of the community immerse in a private mikveh in his home – according to him, this would enable his wife to supervise the women’s immersion. R. Yehiel appealed to the local judge in Fustat, asking permission to change the the donation’s destination. However, members of the local community were not satisfied with this arrangement, and tried to build a new mikveh. The ensuing dispute split the community, until R. Yehiel and his group were forced to leave the synagogue. The two groups did not hesitate to involve the Muslim ruler in the conflict, which led to the arrest of some members of the community. The controversy spilled over into an interethnic struggle, with tensions caused by changes based on the French halachic tradition instituted by R. Yehiel. Until now, we knew of this story from two pages published almost a century ago. With the discovery of five additional pages, we now have a full description of this episode from the history of Jerusalem in the early 13th century." (Information from Roni Shweka.) Previous description: Four-page letter in Hebrew perhaps from Alexandria, concerning a dispute between prominent members of the Jewish community and the consequent expulsion of one of them from the synagogue. (Information from Mediterranean Society, IV, 384, and Goitein's index cards.)

Legal document. In Judaeo-Arabic. It appears that Meshullam takes over the responsibility for the six years of alimony payments (farḍ) to a certain female relative of his, which a Muslim court had previously imposed on her ex-husband Ṭoviya. But it is not entirely clear. See Goitein's note card.

Letter from a Qaraite, in Jerusalem, to al-Shaykh al-Rashīd Hārūn Ibn Saghīr, in Cairo. To be read to the whole Qaraite community. In Judaeo-Arabic. Dating: Late, probably no earlier than 15th century. Very similar format to many of the Firkovich letters. The writer complains of great trials suffered ever since arriving in Jerusalem "on account of the ḥabash (Ethiopians?)." He clarifies that the conflict is about Ibrāhīm and Sulaymān who both insist on marrying Rivqa who 'belongs to' (? btāʿ) al-Shaykh al-Najīb Shimʿon. They had decided to marry her to Avraham, but she insisted that she would only marry Sulaymān, and Avraham said that he would kill someone if he didn't get to marry her. They feared something ('al-amākin' = the places?) and prevented her from entering either Sulaymān's or Avraham's house or from leaving her own house without a female escort. The story continues for much longer, becoming ever more convoluted and involving the Rabbanites and Islamic courts and a forged ketubba. Needs further examination.

Letter, in Judaeo-Arabic with an opening in Hebrew, from Yoshiyyahu Gaon to Shelomo b. Sa'adya and the community of Rafah, concerning a dispute over an inheritance that drove the losing party to appeal to the Muslim court, approximately 1020. (Information from CUDL)

Recto: Statute for tenants of the Qodesh. Dating: ca. 1215 (according to Gil, but his handwriting comparison may not be sound, and this document could be as late as ca. 1300). The document preserves a number of conditions imposed upon the lessees of the qodesh. It proclaims 1) a ban (herem) against anyone who defaults on the monthly payment, for any reason whatsoever. Therefore, exactly as one would beg money for food, one should do so, if necessary, in order to pay rent. 2) The ban will also operate also on anyone who does not accept the amount of the rent as established by three Jews, the muqawwimin. 3) The lessee is obliged to present his deeds of lease whenever asked to do so in the name of the waqf. 4) The ban will also be applied to anybody making use of a Muslim's intervention in order to obtain a lodging in the houses of the qodesh or a reduction of rent imposed on him. (Information from Gil, Documents, pp. 411 #112.) On verso there is a Hebrew poem in the hand of Nāṣir al-Adīb al-ʿIbrī (d. after 1298).

Court record concerning a grain dealer who promises to pay his former wife 4 dirhams every week for his five-year-old son, who was staying with her. The document further stipulates the boy visit the father on a Sabbath or a weekday, whenever he (the father) wished. In return, the divorcée acknowledges having received from her husband all that is due to her and agrees not to give him a bad name, nor sue him before a Muslim court or state authority. In case of default, she would be banned or excommunicated. Payments were to be made to a third person in Cairo, specified in the document. September, 1052. (S. D. Goitein, Mediterranean Society, 1:152, 438; 3:334-5, 502) EMS

Court record from 22 Sivan (4)802 A.M. (June 1042) regarding the marriage of a minor. On the other side of the page a legal opinion of a Muslim Judge in Arabic letters written on Rabi' al-Awwal 434 A.H. (October-November 1042). The two honorable members of the community who testified before the Muslim judge are the judge, Yosef b. Sulayman, and the cantor, Sahl b. Musa. Apparently, the Muslim judge had a mistake in writing the name of the cantor's father. The cantor should be identified with Yosef b. Yehoshuaʿ (Information from Frenkel).

Legal testimony. In the hand of Avraham b. Natan Av. No witness signatures. Location: Cairo. Dated: Thursday, 27 Adar I 1415 Seleucid, which is 1104 CE. The document contains the proceedings before the court regarding the matter of dispute between two members of the community of Malīj, Shelomo b. Avraham (aka Salāma b. Ibrāhīm al-Sayrajī) and Peraḥya ha-Kohen b. Ṭarfon (aka Abū l-Surūr b. Ṭarīf). The story opens with a verbatim copy of another testimony (called a sheṭar/maḥḍar) dated 2.5 months earlier (Saturday night 12 Ṭevet 1415 Seleucid), in which the witnesses Mevorakh b. Yiṣḥaq, Yosef b. Mevorakh, and Elʿazar b. Yosef testify that they entered the house of a Jew named Bashshār and found Salāma b. Ibrāhīm assailing Abū l-Surūr b. Ṭarīf and hanging on to his clothing; the latter was not defending himself. Salāma insisted on taking Abū l-Surūr before the government (sulṭan); Abū l-Surūr insisted on taking Salāma to the Jewish courts (before 'the Rayyis'). Salāma then insulted the Rayyis and said, "I am [King] Baldwin (Bardawīl), and Abū l-Surūr is my prisoner!" Salāma summoned the police (rajjāla) and had Abū l-Surūr and Yūsuf b. Rajā and Yūsuf b. Manṣūr taken before the Muslim courts/government (headed by "the amir"). The amir nearly had the defendants beaten. (End of first document.) Now, Abū l-Surūr has finally succeeded in bringing Salāma before the Jewish court and "sayyidnā" (though the pronouns are not entirely clear in l. 4 and it could also be Salāma suing Abū l-Surūr). The court orders Salāma to justify his behavior. Salāma says to summon the witnesses. The court refuses, saying, And what if they don't obey the order? Abū l-Surūr says that the court should use the ḥerem stam (blanket excommunication) to coerce people into reporting any communication they received from Salāma to antagonize Abū l-Surūr before the Muslim courts. Either Salāma or Abū l-Surūr at this point accuses the other of bearing false witness in the Jewish court ("before Sayyidnā"). The court reads out a letter that Salāma confesses to be his own, in which he accuses a troublemaker (=Abū l-Surūr) who had been exiled from Malīj to Cairo of sending letters to Ibn al-Qāsh the dyer and to the shoṭer and the nadiv to the effect that they aren't rid of him yet, since he will return as soon as Rabbenu dies. The court asks Salāma on what basis he made that claim, and Salāma can only respond that someone (he refuses to say who) told him about Abū l-Surūr's alleged letters. The court believes Abū l-Surūr's side of the story, but also issues a ḥerem stam commanding anyone who did receive a troublemaking letter from Abū l-Surūr to come forward with it. The shoṭer and the nadiv are present, and they deny receiving any such letter from Abū l-Surūr. The document ends abruptly with the line, "The day broke, and the crowd dispersed." ASE

Legal document concerning claims of the wife of Abu al-Makarim b. Da’ud against him. The town of Minyat Zifta in Egypt and Muslim courts are mentioned. EMS

Letter from Avraham b. Saadya the Hebronite, (the muqaddam of?) Bilbays, to Yiṣḥaq b. Shemuel the Sefaradi, Fustat, beginning of the twelfth century. Discusses in detail the communal problems that arose around the proposal of tearing down the synagogue and rebuilding it. The Muslm governor said that a synagogue may not be built under the reign of al-Mawla al-Afḍal. Verso has been reused for drafts of Arabic medical writings. CUDL description: Recto: letter in Hebrew and Judaeo-Arabic from Abraham b. Saʿadya he-Ḥebroni, on behalf of refugees from Hebron that are now in Bilbays. Abraham writes to Isaac b. Shemuʾel ha-Sefaradi (active ca. 1090-1130 CE) in Fusṭāṭ, concerning the building of a new synagogue in Bilbays, replacing an old synagogue that had been torn down. The entire community joined forces to dismantle the synagogue and rebuild the new building. The letter lists the donations given by members of the community, and describes in detail the surrounding properties and their owners. A muslim judge initially objected to the construction of the new synagogue, so the community tactically rebranded their construction as a ‘home’, to which the judge had no objection. Verso: jottings of an Arabic philosophical text. (Information from CUDL)

Letter in the hand of Shelomo b. Eliyyahu (per Goitein) to an unidentified person. In Judaeo-Arabic. The addressee's mother and sister were involved in an affair of 220 copper dirhams belonging to the widow of Abū l-Surūr who had 'screamed' against her 'oppressor.' The qāḍī had already dealt with the matter which was a "desecration of the name of God in public" (חילול השם בפרהסיא). Information from Goitein's note card.