Geniza Lab

Partnership agreement from Fustat/Cairo, dated 13 October 1800 (24 Tishrei 5561), between David Dayyan, Eliyyahu Palombo, and Avraham Ḥaqis (?).

Letter in Hebrew and Ladino from Nehoray (?) b. Moshe Ṭoron[.]ah (?) to Shabbetay ʿAdda regarding a new business partnership between them. The date is given at top: 27 Shevat 5[.]57. The century digit appears to be a 5, giving a date of February 1797, but could conceivably be a 4 and therefore a century earlier. After an obsequious introduction in Hebrew, expressing gratitude to Shabbetay for bestowing the honor of this new partnership between them, the writer switches to Ladino (albeit with Hebrew mixed in throughout) and gets to the purpose of the letter. The writer has an existing business venture in mastic (אלמאסטיגה) that would violate the terms of the new partnership—namely that he and his agents are not to trade at all in מתא מצרים (= Fustat?) with the exception of business arising from his preexisting partnership with Ḥājjī Dāwud in Alexandria—and so he seeks dispensation to continue with the mastic venture, or perhaps he wants Shabbetay to buy him out of his share. One of the writer's partners in the mastic venture is Avraham Shimʿon and the other is [Yiẓ?]ḥaq Agi. These partners apparently have friends in high places (יען שהגבירים הנז״ל סון טוקאנטי למלכות). Other traders mentioned are Binyamin de Curiel and Moshe Pallache. A writ of power of attorney (sheṭar harsha'ah) is mentioned several times. Needs further examination

Legal document from Fustat/Cairo, dated January 1821 (5581). It seems to be a partnership agreement between various traders active in the early 19th century, including Yaʿaqov ʿAdda, Yosef Shtiwi, Shimʿon Frances, Moshe Yagi (?), Avraham Ḥafīs (?), Moshe Ḥanan, and Moshe Mizraḥī. Signed by many of these same people along with Saʿd Pinto.

Late legal document (fragment only) regarding amounts owed to each other by current or former partners, Moshe Ḥaddād and Moshe b. Yehudah. Someone named Yaʿīsh al-Mannāwī is also mentioned.

Late partnership agreement (incomplete) between Yaʿaqov Ḥassūn and [Yaʿaqov?] Zaytūn.

Partnership agreement dated November 1739 CE (Heshvan 5500) between Nissim Kaspi b. Moshe and Moshe Kohen b. Yehudah Kohen. Signed by Avraham Castro and Nissim (ha-ẓaʿīr) Kaspi and Moshe Magor[...].

Partnership agreement probably dated 1820/1 CE ([55]81)—but conceivably a century earlier if the half-missing digit is a ת rather than a ק—between Shelomo b. ידע (?) and Shelomo ha-Levi [here there is an unfortunately placed modern sticker] and Moshe ha-Kohen known as Manṣūrī.

Legal document. In Hebrew. Location: Fustat/Cairo. Dated: end of Sivan 5582 AM, which is June 1822 CE. Dissolution of partnership and settling of accounts between Eliyyahu b. Ẓahal and Yaʿaqov ha-Levi עכובס and Mordekhay Kapanton, who were partners in money-lending (sarraflik) and other forms of trade. A certain Khwaja Mikhā'īl is involved. Eliyyahu and Yaʿaqov sign, but not Mordekhay. AIU VII.D.99 and Yevr. II A 1292 are exact replicas of each other. ASE.

Legal document dated 1802 CE (Sivan 5562) involving a partnership between Hayyim ha-Levi, Merkado Karo, Avraham ha-Levi, and Pinhas b. Yom Tov Aripol (? אריפול).

Legal document involving a partnership between a large number of the Jewish merchants active in Egypt ca. 1800 CE: Shelomo Cesana, Ḥayyim Cesana, Avraham Cesana in Alexandria; and Merkado Karo and Avraham ha-Levi and Hayyim Nuṣayri (?) and Shimʿon Frances and Khalifa Pinto and Yaʿaqov Bibas and Meʾir ben Naʿim. This appears to be a draft of JRL SERIES L 18. MCD. ASE.

Legal document in the hand of Ḥalfon b. Menashshe (dates: 1100–38 CE). Fragment (upper left corner of recto). There is writing on both sides. Involves ʿUlla b. Yefet and Abū l-Ḥasan the brother of Aharon. The case probably involves the dissolution of a partnership in a shop, after a protracted legal dispute.

Legal document dated April 1822 (beginning of Iyyar 5582), Fustat. Probably a partnership agreement between David Dayyan and Moshe אלפרון.

Legal document. In Hebrew. Location: Fustat/Cairo. Dated: 1 Iyar 5620 AM, which is 1860 CE. This is a partnership agreement for a sarraflık business for a period of 3 months. Partners: Avraham ha-Levi Iskandarī; Mikhaʾel Safriʾel; Moshe ha-Levi Iskandarī. Signed by: Shelomo Elyaqim; Avraham Rozano; and the three partners.

Legal document. Partnership record. Dated: 1140. Location: Fustat. The brothers Abū al-Faḍl and Abū al-Riḍā Yosef b. Berakhot, owners of a sugar factory, take on Yosef b. Peraḥya and Peraḥya b. Nissim (possibly Ibn Yiju, great-grandson of Avraham Yiju, the India trader) as investors, investing 400 and 200 dinars respectively. There is a reference to "Arabic documents" which record the dimensions and location of the factory, and the fact that the brothers inherited part of the factory and purchased the balance from their father. The investors allow the brothers to pursue other investments outside the partnership with partnership funds. Withdrawals from the partnership capital are recorded as a transfer of a share of the ownership from the brothers to the investors, and any rent on this share goes to the investors. The investors are required to return the partial ownership of the factory when the funds are repaid. The Arabic documents record the sale of the factory (and presumably the transfer of the shares) as a "fixed" purchase. The brothers remain active partners in the five-year partnership. Partnership profits are divided equally, despite the unequal investments. The brothers will account for their expenses by subtracting from partnership profits 2 dinars per molded block of sugar. Per Goitein, a document at shelfmark T-S NS J215 describes the eventual sale of the factory discussed in this document. (Information from Lieberman, "A Partnership Culture", 23-25)

Legal testimony concerning a partnership release from a commenda. Dating: 1098. Abū al-Ḥasan Yaḥyā ha-Kohen b. Shemuʾel ha-Kohen al-Baghdādī and ʿUlla ha-Levi b. Yosef ha-Levi al-Dimashqī release Abū al-Barakāt Mevorakh al-Ḥalabī b. Shelomo from any further claims on their partnership — called shirka, mu‘āmala and muḍāraba (commenda) variously throughout the document, though some of those terms are used in the course of legal indemnification clauses, so don't necessarily reflect the exact structure of the partnership. Abū al-Ḥasan Yaḥyā ha-Kohen b. Shemuʾel ha-Kohen al-Baghdādī and ʿUlla ha-Levi b. Yosef ha-Levi al-Dimashqī testify that they gave Abū al-Barakāt Mevorakh al-Ḥalabī b. Shelomo 100 dinars, which he took to Yemen as the active partner; on his return, he gave them back their capital and the profit he accrued. This is one of three documents in Lieberman's corpus involving Abū al-Ḥasan Yaḥyā ha-Kohen b. Shemuʾel ha-Kohen al-Baghdādī and ʿUlla ha-Levi b. Yosef ha-Levi al-Dimashqī; the others are T-S 8J4.11 and T-S Misc. 27.4.29. Lieberman additionally points to CUL Or. 1080 J73 as concerning the same business partners, as well as ENA 4020.2, also a partnership release. One source of the investment capital of Yaḥyā and ‘Ulla could be a money-changing stall (dukkān al-ṣarf), mentioned in TS Misc 27.4.29, and one of Yaḥyā’s partners in ENA 4020.2, verso, is a money-changer (l.16). Possibly in the hand of Hillel b. Eli, but not in Weiss's corpus. (Information from Lieberman, "A Partnership Culture," 27–32)

Legal document. Partnership agreement. Dated: 1151. Location: Minyat Ashna (near Fustat). Following appeals by his deceased brother Binyam's widow to the court, Kathīr b. Avraham takes over the maintenance (1 dinar a month, an aboslute requirement) of his sister-in-law's orphaned children as a sort of partnership. The sources of this funding are a) rent revenue from shops in Malij left to the children by Binyam and b), the profit earned by Kathīr from 20 dinars’ worth of silk from estate of Binyam. Unusually, the "partnership" profits are not split according to a fixed percentage, but rather the children, as the "silent partner", receive a fixed amount each month. This is effectively a long-term loan or trust created under the structure of a partnership agreement. Per Goitein, Shemuel b. Yehuda ibn Asad, previous caretaker of the orphans, was apparently a regular caretaker and trustee for orphans; see PGPID 2658. Shemuel is the same Abū al-Ma‘ālī in PGPID 6581. (Information from Lieberman, "A Partnership Culture", pp. 7-10)

Legal document. Record of release. In the hand of Ḥalfon b. Menashshe. Location: Fustat. Dated: 1125 CE. This document describes release from a partnership in glasswork, explaining that Shemarya ha-Kohen (also known as Abū al-Wafā b. Menashshe ha-Kohen) demanded 9 and 1/6 dinars of his erstwhile partners Yiṣḥaq b. Yehuda and Yiṣḥaq's son Abū al-Karam. Yiṣḥaq gave Shemarya a settlement, andShemariah released him and his son from the partnership. The settlement of the partnership is effected through arbitration (“bederekh peshara”) by a number of “Elders of equity and propriety”. Per Goitein, Jewish courts of the Geniza period generally first sought settlements outside the court. Court decisions themselves not only required the attention of a higher court, such decisions also required an oath (a troublesome process for the court and the community). But a settlement through arbitration did not even require a qinyan. The judges in this case, Avraham b. Shemaʿya and Yiṣḥaq b. Shemuel ha-Sefaradi, are the two “permanent judges” of Fusṭāṭ of the period. (Information from Lieberman, "A Partnership Culture", 12-14)

Legal document. Court record. In the hand of Ḥalfon b. Menashshe. Location: Fustat. Dated: 1134. Abū Sa‘d and Abū Sahl form a partnership lasting 6.5 months to manufacture and sell glass. Half the capital (20 dinars in total) invested by Abū Sa‘d is considered a loan to Abū Sahl, who pledges title to his home as a security. This may suggest diversion from the commenda model, where the active partner is not liable for loss. But the partnership also diverges from the ‘eseq model, wherein only the active partner transacts. Both the profit/loss characteristics and the working arrangement between the partners suggests a craft partnership. Abū Sa‘d is likely the senior partner: he is identified as al-Zajjāj, “the glazier” (i.e., a known personage in the field), while Abū Sahl is given no professional designation; as well, Abū Sa‘d invests all of the capital, suggesting that he may be short of liquid assets). Finally, the partnership stipulates that Abū Sa‘d need only work two shifts a week (suggesting he may have other business elsewhere), while Abū Sahl will work the rest of the week. Maṣliaḥ ha-Kohen, mentioned in line 54, functioned as leader of the Jewish community of Fusṭāṭ from 1127 to 1139. The signatories to the document, Natan b. Shelomo ha-Kohen and Natan b. Avraham ha-Levi, signed 5 months after the agreement was initiated, for unknown reasons. (Information from Lieberman, "A Partnership Society", pp. 17-21)

Legal query regarding a partnership between merchants. See also T-S 20.152 and T-S NS J161 + T-S 12.5.

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)