Contract of Sale for a Book (Qayrawān, Tunisia)

This is what was testified before us by Ismā‘īl ibn Mūsā:

He bought from Ḥiyuna bint Tanḥum ibn al-Yatīm and from Rachel bint Yaḥyā, who is known as Ibn Aba Yamut. He bought from them the copy of the Bible, which was the property of Ishaq and Tsafra, the sons of Fatrīq ibn al-Azraq [“the blue”], their husbands. And that is the Bible which is known [to belong to them] by their names, and which is ascribed to their property. He bought it from them for the best and most convenient price, that is, for twenty mahdiyya1 dinars of full weight. They collected the payment and received it in full, in the presence of Dunash ibn Tamīm. He divided it between them and gave to each one of them ten dinars. Jacob bar Moses ha-Sofer [“the scribe”] and Ṣulḥ bar Solomon ha-Sofer testified regarding recognition of their faces [i.e., confirmed the women’s identity]. They acquired it [the payment] from them, for their consent to sell this Bible; and by their acquisition of the money and by guaranteeing that their children—and also those who are not their children—anyone who would rise against Isma‘il ibn Mūsā on account of this Bible . . . them, Ḥiyyuna bint Tanḥum Ibn al-Yatīm and Rachel bint Yaḥyā Ibn Aba Yamut. And they announced that they had received the money, satisfied with the sale . . . in the month of Shevat, in the year 47 . . . after the creation of the world, Jacob bar Moses ha-Sofer, Ṣulḥ bar Solomon. This document was confirmed before us in the rabbinical court of law, that they drafted it, and we have verified it by the handwriting of these witnesses . . . by the writing of . . . that are known to them, and Jacob bar Moses ha-Sofer and Ṣulḥ bar Solomon gave testimony about the acquisition and were witnesses to the document and of the declaration, as they saw it.

Source: CUL T-S 10J21.2.

Translated by Dora Zsom.

Notes

[Mahdiyya was a city in what is now Tunisia.—Ed.]

Published in: The Posen Library of Jewish Culture and Civilization, vol. 3: Encountering Christianity and Islam.

Engage with this Source

This Judeo-Arabic court document conveys the record of a sale of an expensive Hebrew Bible jointly owned by two women, Ḥiyuna bint Tanḥum and Rachel bint Yaḥyā, who may have been cousins. The sale took place in Qayrawān, Tunisia, in the court of the tenth-century Jewish scholar Dunash Ibn Tamīm (known as Abū Sahl). This document records Jewish court procedures, including the verification of the participants, the sharing of funds between joint owners, and the need for testimony regarding the sale of valuable objects. It is perhaps the earliest Judeo-Arabic legal text written on paper instead of papyrus. Dunash is not otherwise known to have functioned as a judge, and it is possible that his role in this case was exceptional. Ellipses indicate lacunae in the manuscript.

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