Court Decision: On the Child of an Emancipated Slave (Fustāt, Egypt)
. . . our [lo]rd [Da]vi[d] the Nasi . . . son of [his] ho[nor], gr[eatness,] [and] ho[liness], [our] ma[ster] and te[acher], our lord Daniel the great Nasi . . . [may his memory] [be] honor[ed]. [Our] m[aster] Eli b. Japheth, known as Ibn al . . . , appeared [in court] . . . [and testified that he had purchased] in Ascalon a Nubian slave girl called ’b . . . , for [household] service . . . . The daughter died,1 and he, subsequently, wrote a deed of manu[mission] . . . . He married her with a marriage contract and qiddushīn, and she bore him [a daughter.] . . . This was in the presence of the Muqaddam <[his] ho[nor], gr[eatness], [and] ho[liness], [our] ma[ster] and t[eacher] Elijah the Kohen, President of the academy of Geon [Jacob2 . . . who was]> at that time in Ascalon, and that . . . concerning this without questioning and without doubting and without . . . And it was decided by our associates the . . . transmitted[?] that . . . the matter of this girl, named Milāḥ, of . . . and not . . . . If he confirmed this in his hand, fine, and if not, he will do in this . . . [of] b[lessed] m[emory], for his intention is only the . . . of God, may His name be exalted, and of the laws of Israel [ . . . ] so that it will be as marriage and marriage contract . . . transmitted by [the ancients of?] the people [may their] m[emory be for a] b[lessing]. He brought forth [ . . . two members of the] supreme [court], may they be protected from Heaven, [who testified] that they had been present in Ascalon where . . . a deed of manumission . And there was no child with her; afterwards she bore [him a daughter] . . . named Milāḥ. They were then asked, “Do you have combined testimony as to how much time passed between [her] marriage [and the birth of the girl,] so that she would have been conceived and born in sanctity?” They said, “[W]e were not told . . . , [but we declare?] [be]fore God, may His name be exalted, and in the presence of the Head of the Diaspora that the deed [of manumission preceded the birth?] of the daughter by some time. And we were not told how much time.” Then when [the Head of the Diaspora? heard that] her birth had been in sanctity, he permitted her to enter3 the congregation of Israel [ . . . ]. And with this, she ordered us to write a court record concerning this for him to be in [his] hand [as evidence] . . . [for marriage by] qiddushīn and by marriage contract in Israel. We wrote and signed on the second day of the week, [thi]rteen[th day of the month] Kislev, of the year 1405 of the era which we customarily use in [Fustat, Egypt,] which is situated [on] the River Nile. And we gave [it] into the hand of this [our] m[aster] Eli, to be in his possession as [eviden]ce and as [proof] . . .
Source: CUL T-S Misc.27.4.29 + T-S Misc.27.4.23.
Notes
Words in brackets appear in the original translation.
I.e., the slave girl’s daughter. [ . . . ]
A designation for the Palestinian academy.
=marry into.
Credits
Published in: The Posen Library of Jewish Culture and Civilization, vol. 3: Encountering Christianity and Islam.