20.04.2013 Views

IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

All of the sale contracts attested to transactions in which one of the Assarrafs bought<br />

something—almost always an animal—from a Muslim. 95 Mules were the most commonly<br />

traded beast, but there are also documents concerning the sale of cows, donkeys, and horses<br />

(surprising given that dhimmīs were not allowed to ride horses under Islamic law). 96 The<br />

descriptions of the animals usually includes their sex, color, and other identifying features. For<br />

instance, on May 23, 1871, Shalom bought a male mule from Jafār b. Muḥammad al-Dalīmī al-<br />

‘Asharī for 150 mithqāls. 97 The mule was described as “red in color, five years old, with white<br />

under its hindquarters.” 98 Only two documents concern the sale of something other than<br />

animals; in one, Ya‘aqov bought a room from a Muslim. 99 In another, Shalom bought a knife for<br />

thirteen mithqāls. 100 However, the fact that the Assarrafs mostly bought animals from Muslims<br />

is not necessarily representative of broader patterns; in the other collections I examined, it was<br />

far more common for Jews to buy and sell property from Muslims than to acquire beasts of<br />

burden. 101<br />

95<br />

Of the sixteen sale contracts, thirteen were for animals.<br />

96<br />

See TC, File #8, 14 Sha‘bān 1297, in which Shalom bought a white, male horse from al-Ḥājj ‘Abd al-Raḥmān b.<br />

al-mu‘allam ‘Alī al-Sūsī for 157 mithqāls and five ūqīyas. See also TC, File #10, 2 Muḥarram 1323, in which the<br />

Jew Rafael b. Aharon al-Sukūrī bought a red work horse (birdhawn) from a Muslim. (I am grateful to Professor<br />

Michael Cook for this translation.)<br />

97<br />

TC, File #10, 3 Rabī‘ I 1288.<br />

98<br />

Aḥmaru al-lawni, rabā‘u al-sinni al-waqti [sic], bayāḍan [sic] taḥta ẓahrihi. Lane translates rabā‘ as “shedding<br />

its tooth called the rabā‘īya, q. v.; applied to the sheep or the goat in the fourth year, and to the bull and cow and the<br />

solid-hoofed animal in the fifth year, and to the camel in the seventh year” (Lane, An Arabic-English Lexicon,<br />

1018). I assume that a mule counts as a solid-hoofed animal, and thus rabā‘u al-sinn means that the mule in<br />

question is five years old.<br />

99<br />

TC, File #5, 6 Rajab 1303.<br />

100<br />

TC, File #2, 14 Jumādā II 1288.<br />

101<br />

For documents in which Jews bought or sold real estate from Muslims, see UL, Or.26.543 (1), 8 Rabī‘ I 12??<br />

(Ḥaim Corcos, Marrakesh); UL, Or.26.543 (2), 14 Shawwāl 1331 (Yeshu‘a Corcos, on a long document including<br />

many other transactions of the same property); YBZ, 280, 30 Dhū al-Ḥijja 1302 (‘Azīzī b. David al-Dabdūwī, no<br />

city mentioned); PD, 30 Ṣafar 1274 (Makhlūf b. Shalom b. Ghazlān al-Ṣayrafī, Fez); PD, 20 Rabī‘ II 1266 (Ya‘aqov<br />

b. Avraham Sabbāgh, Fez); PD, 19 Ṣafar 1295 (Makhlūf b. Shalom b. Ghazlān al-Ṣayrafī, Fez); PD, 1317 (no<br />

further date: Avraham ha-Kohen, Tetuan); PD, 2 Rajab 1274 (Yeshu‘a b. Yehudah al-Lībī, Tetuan); PD, 8 Jumādā II<br />

1271 (Ḥaim b. Shmuel, Fez).<br />

96

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!