Prenuptial Agreement (Fustāt, Egypt)

This prenuptial agreement, surviving in the Cairo Geniza, records Toviya ben Eli ibn Khalaf’s declarations to his wife-to-be, Fā’iza, and was probably meant to reassure his future in-laws. Although written in formal legalistic language, the agreement includes his promises to abandon his former immoral conduct, to disassociate himself from “buffoons” and “jesters,” and to refrain from taking a female slave without his wife’s consent. It is not clear whether the description of his relationship with his friends denotes homosexuality or recklessness. Another clause prevents Toviya from traveling abroad, a frequent concern in this society. The first witness, Samuel ben Abraham, wrote the agreement and is also known to have signed several other documents issued by the rabbinic court of Fustāt.