Engagement Deed (Fustāt, Egypt)

The honourable, great and holy, our master and teacher Toviyya, the esteemed elder—may God protect him—son of the honourable, great and holy, our master and teacher Tiqva the esteemed elder—may his end be good—concluded a match with Sitt al-Kull daughter of the honourable, great and holy, our master and teacher Perahya ha-Kohen, the esteemed elder, who is known for his good deeds—may his end be good. And they both agreed that the early marriage payment will be forty gold dinars, as a complete, clear and open gift from the time of marriage, and the late payment will be . . . good gold dinars.

And her paternal uncle received in our presence two gold-set rings, one . . . ring, . . . [one] silver ring, one amber ring, silver tubes, small pieces of . . . amber, a silk carpet, a golden green kerchief, and a head cover. . . . And the honourable, great and holy, our teacher and master Toviyya, the fiancé, took upon himself that this Sitt al-Kull will be regarded as trustworthy in her statements, in the conduct of her household and her ketubba, with regard to her outfit and all other implements used by her in every respect, by him and all his heirs after his death; that she has the status of two trustworthy witnesses; and that no oath, grave or light may be imposed on her under any circumstances, [nor even] an anonymous ban.

We performed an act of acquisition with him regarding everything imposed upon him with an implement fit for doing so, nullifying all secret dispositions and conditions. And we have written and signed it so that it will be as a title of rights and as proof. All this took place on Friday eve, 2nd of Kislev, year 1431 of the Era of Documents. Strong and valid. Everything is strong, firm and valid.

Abraham ben Shemaiah, Member of the Academy, son of Shemaiah Gaon—may he rest in Eden.

[Isaac] son of Samuel the Spaniard—the memory of the righteous be blessed, may he live in the world to come.

Halfon son of Manasse ha-Levi

Source: Lewis-Gibson Misc. 42.

Translated by Amir Ashur and Benjamin M. Outhwaite.

Notes

Words in brackets appear in the original translation.

Credits

Tuviah ben Tikvah and Sitt al-Kull, “Engagement Deed,” trans. Amir Ashur and Benjamin M. Outhwaite, from Benjamin M. Outhwaite, Melonie Schmierer-Lee, and Cayley M. Burgess, Discarded History: The Genizah of Medieval Cairo (Cambridge: Cambridge University Library, 2017), 27. 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

This text presents an engagement deed between Tuviah ben Tikvah (here, Toviyya ben Tiqva) and Sitt al-Kull bat Peraḥiah. It is the first extant document of its kind, as engagements began to be recorded in writing only during the twelfth century. The document records the payments for engagement and marriage and attests that the future husband will exempt his wife from having to take an oath regarding her ketubah. A gift of clothing upon engagement was very rare. One of the signatories, Isaac ben Samuel ha-Sefardi (“the Spaniard”), was a well-known scholar, and the engagement was recorded by the scribe Ḥalfon ben Manasseh. Ellipses indicate lacunae in the manuscript.

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