From the Pages of the Defter (ص 245)

غرض

عنوان

From the Pages of the Defter (ص 245)

المحتوى

mortgaged property. This is what Shalom b. Musa Qamkhin the Jew’ did in 1891, bringing a
case against the children of a deceased Hebronite woman who had mortgaged to him
property in exchange for a loan of 4,000 kurus in 1873. Shalom did not request repayment of
the loan. Rather he requested permission to sell the lands. It was granted him.*7”
In a similar case, ‘Abd al-Fatah b. Nasir al-Din al-Maghribt of Hebron took to court the
son of the deceased man to whom he had loaned 1,000 kurus in exchange for mortgaged
property. Although ‘Abd al-Fatah (like Shalom before him) had the option to demand the
amount be repaid by the inheritors of the estate of the deceased borrower, he only
“3 It is likely in both these cases that discussions
requested permission to sell the land.
between the loaner and the inheritors of the deceased had taken place outside the court
room, and it had been determined that the estates of the deceased could not cover
repayment of the loan. The important point to note is the formal procedure of resolving the
debt, phrased as a request to the court for permission to sell the mortgaged property to
recover the debt. This procedure protected the loaner against future complaint of having
sold land that was not his or her possession. The inheritors of the land were present in court
in both these cases, either to agree to this solution or to ask for another one. Unilateral
forfeiture did not occur.
“*t This is how he was named in court. Qamkhin might be a misspelling of Kimchi.
“2 HR 14/125 / 402 (25 Sha‘ban 1309 / 25 March 1892).
“3 HR 16 / 108 / 63 (22 Sha ‘ban 1312 / 18 February 1895).
228

هو جزء من

From the Pages of the Defter

تاريخ

٢٠١٦

المنشئ

Susynne McElrone

مجموعات العناصر

Generated Pages Set

Theses رسائل ماجستير ودكتوراه