Betrothal Contract (Fustāt, Egypt)

. . . in Fustāt Egypt, which is situated on the river Nile, so it was: the h[onorable], g[reat], and h[oly] . . . [asked Sitt al-Khibā’, the bride, the vir]gin daughter of our master Ṭahor the esteemed beadle, may his end be good: “Be my wedded wife according to the law of Moses [and (the people of) Israel in the manner of Jewish men who] honor and support and provide for their wives faithfully.” And Sitt al-Khibā’, the bride, [consented] . . . [twenty]-five silver coins as payment for virginity which are due according to our sages.

And he added to her ketubah a payment of thirty gold dinars [as a gift, valid from] now, openly and publicly, with five gold dinars, as a nonrefundable gift. And he testified in front of us—us, the undersigned—that he gave . . . [go]ld, as a late installment—good, excellent. “And this is the dowry she brought to me”: two hammered pins, three dinars; a kohl stick and a golden ring, one dinar . . . [two] dinars; a blue Dabīqī dress, two dinars; a fringed kerchief, one dinar; a Dabīqī Janūn kerchief, two dinars; blue belt, three dinars; a white veil, two dinars; a greyish-white veil, two dinars; a checked dress, one dinar and a half; a shiny outer wrap, two dinars; a head shawl, two dinars; a scarf . . . ; a veil, a dinar; a greyish-white small turban, one dinar; a kettle, one dinar; a basin, one dinar; a lamp, a dinar; a bucket and a jug for oil, one dinar and a half; a Sicilian bed cover . . . and its pillows, two dinars; a bridal chest, one dinar. The total value of the ketubah, marriage gift, and additional payment and dowry is eighty-five gold dinars.

And the groom took upon himself and upon his heirs after his death the responsibility for this ketubah, to pay her from all the choicest possessions, and purchases and possessions that he has, real estate or movables, and even from the shirt off his back, not like an asmakhta [stipulation], nor like formularies, but rather like the firm stringency [of all ketubah deeds] from this day and forever. He also took upon himself that this Khibā’, the virgin bride, will be regarded as trustworthy by him and all his heirs after his death, in the conduct of her household, and that no oath, grave or light, may be imposed on her under any circumstances. And he also took upon himself not to marry another wife and not to take a maidservant whom she dislikes. He also promised not to have sexual intercourse with her while she is menstruating, [and to count] seven clean days after her menstruation and her immersion. And if he marries another wife or takes a maidservant whom she dislikes . . . learn from her that she counted seven clean days after her menstruation and immersion, he took upon himself to pay her late installment . . . even if she wants to divorce and he does not. And we made a qinyan [binding agreement] with our master and lord Meir the esteemed cantor effective immediately, in accordance with his will without any sort of compulsion, nullifying all secret dispositions and conditions, on everything that is written above.

And the aforementioned groom took upon himself that she will live together with his daughter Ni‘am in one place, and she will eat with her at the one table, as long as she is under his jurisdiction . . . a complete qinyan, with an implement fit for doing so. And we warned her and informed her that she must count seven clean days after her menstruation, [and if] she fails to do so, she is not entitled to her late marriage payment. And everything is firm and valid. . . . it is true.

Source: CUL T-S 20.1.

Translated by Amir Ashur and Benjamin M. Outhwaite.

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

Engage with this Source

This document is a betrothal contract from Fustāt (Old Cairo) between Meir and Sitt al-Khibā’ bat Tahor. Her dowry is itemized at length. Among other interesting details, Meir has promised not to take a second wife or to have relations with his wife before she has completed the full Rabbanite purification process after menstruation. In addition, the end of the contract contains a warning for her to uphold these laws as well. Apparently, it was the local custom in Egypt for Jewish women to go to the bathhouse immediately after the cessation of bleeding and to wash using regular water, drawn from a well, instead of waiting seven “clean days” and then going to a mikveh. In 1176, Maimonides declared that Jewish women were required to observe the Rabbanite laws, or face a financial penalty, and this text might reflect his initiative. The contract also expands her ability to demand payments that would not usually be accessible to her, granting her unusual rights. Ellipses indicate lacunae in the manuscript.

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