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.

Translated by Mordechai A. Friedman.

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

The Jewish Court in Fustāt, Court Decision: On the Child of an Emancipated Slave (Fustāt, Egypt), trans. Mordechai A. Friedman, in Mordechai A. Friedman, “Master and Slave Girl: Two Geniza Documents,” Gratz College Annual of Jewish Studies, vol. 1 (1972): 56–63 (59–61). Used with permission of the publisher.

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

Engage with this Source

Despite this text’s poor state of preservation, it reveals the court proceedings of a man named Eli ben Yefet (Japheth), his wife (formerly enslaved), and their daughter Milāḥ. The court aimed to ascertain if the wife’s first daughter had died before her mother married Eli. Marriage between freed slaves and their former masters occurred regularly. Angle brackets indicate words that were written above the line. Ellipses indicate lacunae in the manuscript.

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