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Wedding Date & CongratulationsThe date of wedding (tārikh-i 'arusi) and charitable act of Zahīr Ibrāhīm, the darling son of Ustād Khalīl Birinjī, which was said and written on that [wedding] gathering, may the wedding be congratulatory for them, was the year of the horse (yūnt), 1140 AH /1728 CE. God almighty willing, it will be blessed and resulting? of faithful children -
Wedding Date & CongratulationsThe date of wedding (tārikh-i 'arusi) and charitable act of Zahīr Ibrāhīm, the darling son of Ustād Khalīl Birinjī, which was said and written on that [wedding] gathering, may the wedding be congratulatory for them, was the year of the horse (yūnt), 1140 AH /1728 CE. God almighty willing, it will be blessed and resulting? of faithful children
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Talisman (tilism) for unknotting impotenceIf someone is tied (basteh) [impotent] write this talisman (tilism). Year 1289 AH [1872 CE] -
Shi'a PrimerAnd this book, named the Jami’ al-Abassi, the second, came into the possession of an esteemed young man known as Rizā Qulī, the oldest of the sons of Karbalā’ī Valī Muhammad Qarāmānlū resident of the city of guidance, Ardabil, may Allah protect it [Ardabil] from oppression and hardship, in the year of panther [bārs] 1137 AH [1724 CE]. -
Shi'a ManualAnd this book, named the Jami’ al-Abassi, the second, came into the possession of an esteemed young man known as Rizā Qulī, the oldest of the sons of Karbalā’ī Valī Muhammad Qarāmānlū resident of the city of guidance, Ardabil, may Allah protect it [Ardabil] from oppression and hardship, in the year of panther [bārs] 1137 AH [1724 CE].
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Peace Agreement (sulh nāmcha)Peace Agreement (sulh nāmcha) A legal confession (i’tirāf) was issued by the dignity-sheltering Jalāl Beg son of Murād Beg Qājār in nullifying any word or claim that he had made in relation to the felicity-effected Kāzim Beg son of so-and-so ?? a legal acknowledgment with so-an-so which was for the amount of three Tabrīzī Tūmāns was reconciled for the amount of two Tūmāns, as hereby described in the agreement. Henceforth, in no manner and for no reason will there be a claim or disagreement between him and the aforementioned. Written? such-and-such month, 1130 AH / 1718 CE -
Peace Agreement (sulh nāmcha)Peace Agreement (sulh nāmcha) A legal confession (i’tirāf) was issued by the dignity-sheltering Jalāl Beg son of Murād Beg Qājār in nullifying any word or claim that he had made in relation to the felicity-effected Kāzim Beg son of so-and-so ?? a legal acknowledgment with so-an-so which was for the amount of three Tabrīzī Tūmāns was reconciled for the amount of two Tūmāns, as hereby described in the agreement. Henceforth, in no manner and for no reason will there be a claim or disagreement between him and the aforementioned. Written? such-and-such month, 1130 AH / 1718 CE
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Malik 2551 folio 9 versoMain: [when] she travels from the abode of annihilation [this world] to the eternal abode, the entirety of the aforementioned amount which is [set] in exchange for the gift (muwāhiba) will be spent for her liberation (tahrīr), shrouding (takfīn), and her other small costs and charities (khayrāt). The aforementioned Muhammad Sharīf has accepted to take charge and assume the responsibility of [organizing] her death [and burial] ceremony as expressed in her will. Written in the month of so-and-so. Copy of a Peace Agreement (sulh nāma) for inheritance (mirās) Since [the] named Shāh-Zarīf daughter of Gulī Jān has passed away from the protection of a son named Qardāsh, son of so-and-so, and her husband? Ghartmāb Ildār Beg alone [and none else]. And then the aforementioned Qardāsh appeared and admitted that whatever claim and conversation, in whatever form or manner, he had had with the aforementioned Ildar Beg regarding what was left behind and remained from the aforementioned Shāh-Zarīf, such as her bride gift, dowry, etc., he traded in exchange for (‘avaz) a female cow and five calves and equivalent (muqābil) to the properties detailed below, a correct, peaceful, legal, and Islamic transaction. He [Ildār Beg] also accepted this and the legal contract became binding and the entirety of the [price of] peace agreement (musāliha) was received [by Qardāsh]. From this day forth, if the aforementioned acknowledging [party—Qardāsh], in violation [of this agreement] Margin: noble and honorable, generous and merciful, cherished surrogate brother (ukhuvvat-makani), sultan, the essence of admiration, Muhammad Khān ? is aware that the station and aim of the position of ? is subject to your loving opinion. It is vital ? that so-and-so had found a messenger, and it was surprising that the intention ??? was other than property, [it was] received, from the content of ? occurred the reception of ? joy and felicity from the ? performed gratitude to the divine ? who suggested an example of this heavenly approach ? the occurrences of these ? truth [seeking] minds ? be inundated with felicity and happiness and may joyful days coincide. I acknowledge on my own the aforementioned agreement with what is mentioned in it. Whoever has a toothache, [let them] place a finger upon it [the tooth] and recite the [following] verse, the almighty God will grant [him] health, God-willing. “In the name of God, the Compassionate, the Merciful. He is the One Who brought you into being and gave you hearing, sight, and intellect. Yet, you hardly give any thanks.” (Qur’an 67:23) -
Malik 2551 folio 7 versoMain: ... that he sold through a legally sound financial and Islamic sales contract so-and-so son of so-and-so to named individuals so-and-so and so-and-so and so-and-so sons of so-and-so all and the entirety of three shares (dāng) from six shares (dāng) of a property known as the land of such-and-such held in common (mushā’) in the village of such-and-such located in the district of such-and-such. It is limited by such-and-such and [sold] with the entirety of its legal tributaries and attachments internally and externally [valued at] a decided and known value price for the amount of eight Tabrīzī Tūmāns and in the current condition by the legal contract of explaining it and confirming its content (?), [for the price of] four Tūmāns. And the aforementioned customers bought it in equal portions the entirety of the three shares (dāng) for the aforementioned price. The legal contract of sales, authentic and with authority, took place between them. As this is done, the aforementioned seller made a legal and correct reconciliation with the aforementioned buyers such that any rights or claims or conversation that they might have had regarding control of the entirety of the aforementioned sold item, in exchange for it the amount of one Tabrīzī Tūmān was given and the reconciliation was reached and the legal contract of reconciliation between them Margin: Letter (ruq'ā) The blessed winged, fairy-tale journeying nightingale who is distinguished by its sincerity, and the sweet spoken parrot whose conversation is esteemed, took flight from the ambergris infused spring rose garden of friendship. The branches of the sugar-producing sapling of his excellency’s union, that elevated-residence, governance, glory, and providence sheltering purity, grandeur and splendor, fairness and justice, magnificence and ? and benevolence ??, ? and sincerity, love and ?? praise be for his admirable behavior, his glory and valor, such that the extent of his loftiness (‘ālijāhi), may spread like an auspicious-winged hoopoe and glad tidings of health of that splendid virtuous one, and the felicity of ??? the blessed family [sayyid] come to encompass the affairs of those whose actions are praiseworthy. They [sayyid] are in flight and have come to life and speed, spreading wings of well-balanced verse and opening feathers of excessively eloquent similes within sight of the sincere expression (bayān) of friends, such that they appeared [colorful] like a peacock or a turkey. Since from the truth of discourse (suhbat) concerning that unmatched essence, I heard through the ear of my soul (gush-i jān) about the well-being (amān) of his affairs, and through the wideness and balance of the eye, ??? [saw] the merits of the quality of temperament (mizāj) that achieves balance. [Thus] the garden of memory of love and the victorious rose of the meadow began to bloom. The fingers of the illuminated consciousness affected by intimacy, began plucking roses of happiness in abundance. From his small gestures, allusion (kināya) and affirmation (tasrih) is the desired inference (istinbāt) … ... the share of ownership to him??? -
Malik 2551 folio 7 rectoMain: reconciliation was received by the aforementioned seller–Muhammad Sharīf–from the property of the aforementioned customers [buyers] as stated here, in cash and witnessed. And the guarantor–Muhammad Qāsim–reached a legal resolution through that which is prescribed in the illuminated Shari’a, which is “this is the exit sales in whole or in parts or benefits deserved by others”; it was a legal guarantee. According to this sales the entirety of the two shares (dāng) from the legal six shares (dāng) as in accordance with the above description belongs to the aforementioned customers and they can take ownership (tamallukāna) of it in whatever manner they desire; such is the control of an owner over his property. This transpired in the month of so-and-so from the year of the mouse (sichqān). Copy (surat) of the Oath Contract (qabāla al-qasam) Praise be to God the title of whose book is “in the name of Allah, the compassionate, the merciful” and the signet of whose speech is “verily Allah is the magnificent possessor of grace”, and greetings and peace be unto Muhammad ?? of the great secret and unto Alī, greater than great? and unto the children of these two, may they guide us to the straight path. And then, the reason for penning this legal preamble is that Margin: He is the excellency whose dignity is the reason for longing, the esteemed-valued one, of elevated worth and illuminated opinion, the so-and-so Turk?, may his grandeur extend and his lifetime lengthen. The Possessor of Time (sahib al-vaqt) sends prayers of longing to so-and-so lady (khanum) whose shadow even when far from sight, will not be far from memory. Sāmir?? I personally confirm the aforementioned sale with what is mentioned in it ... of excellent quality and due to the generosity of her highness, symbol of purity, [Queen] Sheba of stature, sunlight of the age, so-and-so lady (khanum) that ??? It is hoped that you are in the protected shelter of the divine enjoying the singularity of both worlds. After describing the euphoric desire to uncover the love-witnessing and purity-adorning sight, should you be inquiring? about the sad diseased state of your beloved, I must report that I achieved my health, which is the greatest fortune [from] ailment, and no loathing is present other than distance and separation [from you]. It is hoped that, through [your] charitable temper, the honor of your cherished presence (mulāqāt) will be possible. I hope that you announce... the duration of your .. the service... ... may the remainder of the days be to the liking of the grand-one??? -
Malik 2551 folio 60 rectoMain: I vow not to return to it. I have made a covenant with God in this, a thousand covenants around my neck until the day of resurrection. The intention for the ‘funeral prayer’ – I recite the funeral prayer for the dead with the intention of fulfilling all that is obligatory of it as an act of drawing near to God. God is the greatest. The contract for sale (bay’) and purchase (shara) – I sold and reconciled. He will say “I accepted”. And also is [another example] “I gifted (wahabtu) and succeeded and reconciled” and in accepting it is said “I accept”. To [cure] corrupt thought, recite at the time of prayer; it is effective (mujarrab) – Oh the one, the lasting, beginning of all things and their end. If someone is heavily indebted and has no wealth to pay it and no one to give him [money], if he recites this poem correctly morning and night God almighty will see that his debt is paid. The blessing of this prayer will widen [increase] his sustenance and it is – Oh pure from all oppression, He did not approve of him and did not mix with him and his activities, oh pure one. In order to reach – greatness and wealth and repelling calamity and protecting Margin: This is the prayer for burial Oh God, Lord of this blessed and pure soil, Lord of the light that descended upon it, Lord of the corpse that dwells within it, and Lord of the angels entrusted to it, send blessings upon Muhammad and the family of Muhammad, and make this clay a source of security for me from all fear and misery, from every disease, such and such. End If someone is forgetful (kūrdil) [blindhearted] such that whatever he reads he forgets, he should recite seven times after the morning prayer for up to forty or forty one days. His servant Shmachael. This is the prayer: O Sustainer, nothing escapes your knowledge and nothing leaves… End -
Malik 2551 folio 6 versoMain: Ismā’īl son of Ibrāhīm only, and after he sold it through a correct and legal contract of sales [between] the aforementioned Ismā’īl and the individuals named: Sharīf son of Hāshim and Qāsim son of Amīn, the complete and entirety of the two full shares (dāng) from the total of six shares (dāng) of a house (sarācha) which is bound as described above along with the entirely of its legal subsidiaries and attachments for the price of nine thousand Tabrīzī Dīnārs according to the legal contract explaining and confirming its content (?), sold for the reported price of four thousand and five hundred Dīnārs. The entirety of the two shares of the aforementioned house was [given] to the aforementioned customers for the mentioned price and the legal contract of sales took place between them and it was completed. [thus] a legal, correct, agreement was made between the aforementioned seller and the customers. Mohammad Sharīf bought one share (dāng) Mohammad Qāsim bought one share (dāng) Any rights of claims or conversations that the aforementioned had in regards to the control of the entirety of the aforementioned sold property [is reconciled] in exchange with one thousand Tabrīzī Dīnārs whereby he [?] accepted the peace agreement and the contract of peace became enforced between them. The entirety of the price of one thousand Tabrīzī Dīnārs for the cost of Margin: Master of time Muhammad so-and-so And his dust became a martyr ?? from before??? Another letter May his excellency, the caesar-stationed, of praised qualities, of choice salutations, my patron (makhdūmī) Mirza of the Mirzas, Muhammad Mahdī—May the Almighty God keep him healthy—be continuously joined with health and accompanied by welfare. May you be the locus of advancement and prosperity, by His grace and inclination. After traversing the stages of longing and desiring, the protocols (rāy) of friendship requires that [I report that], blessing be from God and His grace, at the time of this penning, which is the 7th of such-and-such month, health is achieved and no aversion has occurred or happened upon [me] from tending to the attendants of my patron (makhdūmī). It is wished that the same is true from the other side [you] and that you have no ailments. It has been a long while since you have departed and yet, the majority of time the insignificant content [of our correspondence] has persisted and I do not appear ?? and content (shād) like all those who are loved (muhibbān). It is unclear what path the cause of your lack of attention [travels] yet it is hoped that your attention is facing the abundance (kisrat) of other smaller (juz’ī) engagements (mashāghil). At this time, the elevation sheltering so-and-so Beg of such-and-such tribe is setting course for your blessed (bā sawāb) direction. He arrived from tending to the affairs of the people at midnight [at which time] I desired (mayl) the delivery [of this letter] and so these two words were written in haste to be submitted to your sublime (sāmī) attendants. I will not interrupt your time any longer; may your days of vizierate be fortunate (khayr) and eternal (abadī). -
Malik 2551 folio 6 rectoMain: And Muhammad Nazar and Mirza Muhammad guaranteed that the sales contract conforms to the Shari’a, a legal (shar’i) guarantee, and going forward three sixth of the aforementioned specified storefront (dukkan) is given to the aforementioned customer, to take hold of in whatever manner he wishes, in accordance with “taking hold of a property from one’s properties is amongst his rights” in the month of so-and-so Facsimile of an ownership contract of objects: Praise be to Allah the Lord of the two worlds, and prayers and peace be upon the best of his creation, Muhammad and his entire family. The purpose of writing these introductory legal (shar’i) words is that because Muhammad Zaman Birinji [rice producer], the son of Mash Qasim, has passed away, his three sons named, Muhammad Qoli, Zahid, and Rasul and his wife who bears his sons, with the name of Shohreh Banu daughter of Muhammad Husayn who was biological kin, from the first son (az sar) the entirety of the 6 portions be given…which is bounded by the garden of Mir Muhammad extending to the house of Aqa Husayn Qomi and the house of Talib Bek and the house of Behzad all the way to the street. After Muhammad Qoli, Zahid, and Rasul died [the sons of Birinji) it is inherited by the already mentioned mother, Banu, and after Shohreh Banu also died [it is] inherited by the son of Qomi Margin: I certify to the deputyship here, [and] it is written by the lowly servant [of God] so-and-so who I confirmed as my absolute representative and deputy, the lowliest of servants, covered in benefits and favor, so-and-so son of so-and-so, living in such-and-such a place, [is] tasked to obtain the draft (barat) sum of 30 Tumans salary due to him from the proceeds of the endowment of his noble highness. The aforementioned draft is submitted to the [servant?] … so-and-so recorder of the imperial registers that is received and that [says] recover the aforementioned sum of 30 Tumans from the aforementioned. A correct, legal [Shar’i] deputyship, And this transpired in such-and-such month I hereby witness the representation of the poor slave [of God], so-and-so son of so-and-so, I witness the completion of this and I am the poor servant [of God] so-and-so son of so-and-so certify its contents for the esteemed aforementioned seller. May his noble and esteemed highness of elevated status, of exalted abode, with praiseworthy qualities and admirable character, (of protected residence?) extended be his elevated honor, always be, protected from the tricks of the age, in the protection and safety of the beneficent king [God]. Following the report of prayers that bear witness to your generous personality, I imagine that since at this time … If someone buys a book and writes on its margins, the two should be read together. And this book, named the Jami’ al-Abassi, the second, [that is] in the possession of a young man, the dear Riza Qoli, the oldest son of Karbala’i Vali Muhammad Qaramanlu living in the city of guidance, Ardabil, may Allah protect him from oppression and hardship, in the year Bars Yil 1137 (September 1724). -
Malik 2551 folio 59 versoMain: and His angels, His Prophets, His messengers and His infallible Imams, may God’s blessings be upon them all, that if I were among the people of paradise and intercession, and permission is granted me to enter, I will not enter unless you are with me. Then the one addressed will say, “I accept and hereby waive the rights of brotherhood with the exception of supplication, visitation, and intercession that bring closeness to God.” The contract for repentance, at first the intention is as such: “I repent from corruption, because it is obligatory, may it bring closeness to God,” and afterward he says three times: “I seek forgiveness from Allah the great, and repent unto him.” Then he says: “I bear witness before God, His angels, His messengers, His prophets and His infallible imams that I am repentant for all the sins and transgressions I have committed in the past, and Margin: In order for [ease of] birthing it should be tied to the thigh of the woman whereupon she will give birth. It should be untied after the birth, otherwise her intestines will come out. Where are you O, Shahyuna? For the birthing, it must be written on earthenware that has not been washed. Hold two in the hands and place two under the feet. 4 2 3 5 7 8 1 6 Prayer to recite in the ear of the traveler Those who impose upon you… will bring you back to the appointed place/time. If someone has a hard time delivering babies write these letters upon … white, throw it around the foot and she will deliver her load?, this is it W J H T D A … … … -
Malik 2551 folio 59 rectoMain: “I accept this rent for my client for the specified amount.” Fasting contract – first the renter says “I rent myself so that I can fast for thirty days for the price of such-and-such for which I have authority and on which I have deputyship, for the specified amount.” then the rentee says “I gave in rent to you for the specified action for the known amount.” The intention (niyyat) for rented prayer – I perform the prayer of noon, on behalf of so-and-so, which is obligatory, and [I perform it] on my behalf. May it bring closer to God, God is the greatest. The intention (niyyat) for fast that is rented – I will fast tomorrow, in the month of Ramadan on behalf of so-and-so, as is obligatory on him originally and [I perform it] on his behalf, may it bring him closer to God. Brotherhood contract (sigheh ukhuvvat)– I am your brother in Allah. I am pure with you in Allah. I shake your hands in front of God and make a covenant with God Margin: ?? Write – The intent (niyyat) is [made] at the home of the deceased and some say to make the intention for him. Caution dictates that the intent be made at the deceased’s home and at his grave as such, I will perform an umra’ and a tamatu’ pilgrimage proof of Islam (hujjat al-Islam) as deputy of so-and-so, as is obligatory, originally upon him and as deputy upon me, may it bring me closer to God. The proof of Islam means that it is clear that the pilgrimage is not a vow or expiation (kaffāra) but an obligatory pilgrimage and umra and… tamatu’ ??... that day he makes the tamatu’ pilgrimage… and from… Hiring Someone for Pilgrimage I have hired out myself to travel the blessed distance from here to Mecca and perform the pilgrimage of Islam, the Hajj of Tamatu’ by entering the state of ihram for the umra at the designated location of Miqat and carrying out all the rest of its rituals on behalf of so-and-so, for the [aforementioned] amount. And he says in response: I accept. From Shaykh Zayd… And in the jurisprudence of Reza (Pbuh) it is said that if you want to pack up goods at the store… recite the Throne verse and write it and place it in between the goods and this prayer… write with the Throne verse “and have placed a barrier before them and a barrier behind them and covered them up, so they fail to see [the truth].” (Qur’an 36:9) None of your making… upon that which God has protected “But if they turn away, then say, ‘Allah is sufficient for me. There is no god [worthy of worship] except Him. In Him I put my trust. And He is the Lord of the Mighty Throne.’” (Qur’an 9:129) If you do this those goods will be protected from any calamity by the permission of the exalted and majestic. -
Malik 2551 folio 58 versoMain: they can bear witness. And when acting as attorney and reciting the contract, [the attorney] must determine the dowry (mahr): whether the gold is in coins or used currency; whether it is nine and half dāngs or ten dāngs. And whoever is the attorney on both sides must be versed in Arabic so as to distinguish between signs (‘alāmat) and vocalizations (‘arāb) and be able to pronounce terms correctly. He must correct his accent with the [help of] the Qur’an reciter (qārī) who can properly pronounce the words based on the output [the desired meaning?] and also knows when to pause and when to connect the words. The translation for the marriage contract is as such – for it to be without a mediator as said by God and in accordance to the tradition of the prophet. I gave as wife (zanī) and as husband (shawharī) whoever has hired me as attorney, and she is named so-and-so daughter of so-and-so, to the one who hired you as attorney, who is Muhammad for the dowry (saddāq) of one Tabrizi Tumān. Then the man’s attorney says “I accept for the one who hired me as attorney who is so-and-so for the dowry of one Tūmān. The contract for renting a house – first the renter says “I rent from you for myself in order to make prayer for a year the daily obligatory prayers, and add to it prayers for the lunar and the solar eclipse, the prayer for earthquake, on behalf of so-and-so, for an agreed upon price.” Then the rentee says Margin: That which is past the line of latitude is hundreds, that which has not reached it is ones, and that which is aligned with it and not past it is tens. If a thousand is written it will be passing the line of latitude and turning back onto it. And if you read what is written it says that it is a good line so learn to write the talismans with this script. 411246126696 The benefits of the forty jims: this talisman is amongst the secrets of letters and it has been tested with the intention of [causing] love (muhabbat). This must be in… and be in the house of Taurus. The manner of this shape is that a white page… and in the middle of it imagine the face of the beloved, all around it write the shape of forty jims. Write your name and the name of your mother and the name of the one you desire (matlūb) and his/her mother as well. Hide is at the entrance of [the home of] the one you desire. He will become mad and will not rest for a moment without you. J J J J J J J J J J J J you devour inheritance greedily (89:19) J J J J Love (hubban) Eat (akulan) J J J J J J draw the image here J J J J J J Love Eat J J And love fervently (89:20) J J J J J J J J J J J J -
Malik 2551 folio 58 rectoMain: he is so-and-so son of so-and-so, for a specified and determined dowry. The written (bi-khatt) agreement (‘aqd) is recited as such – “I marry to (ankahtu) and betroth (zawwajtu) so-and-so for a determined and specified dowry (saddāq)” and the attorney of the man says “I accept the marriage and betrothal to so-and-so for a specified and determined dowry”. Also, in the contract of the settled agreement it can be [written] as such “I accept the marriage to him for an aforementioned dowry” without mentioning the name of the man. END And know that – Whatever word is said first in the invocation, it should be used first in the acceptance. For example, if the woman’s attorney says “I marry (ankahtu)”, the man’s attorney also says “I accept the marriage (nikah)”. And if the woman’s attorney says "I marry (ankahtu) and I betroth (zawwajtu)”, the man’s attorney also says “I accept the marriage (nikah) and union (tazwij)”. And the same applies to its transitive qualities. It is also a condition that at the time of the declaration, two just men or a group of witnesses who know the woman be present so that they know that it is her who is speaking the words and not someone else for the time of bearing witness Margin: For Capturing Someone's Heart Whoever desires is to possess someone… Pray two rak’as and recite the Fatiha chapter completely, and seven times… perhaps Allah will reconcile between you… those you have been hostile toward… and God is all powerful and all absolving… and when He greets, He will say seventy-seven times: O Allah, may the heart of so-an-so soften [for me] as the iron softened for David. So if you do this, that person will be possessed by him [you?] and he will be submissive in a way that cannot be imagined. This is the rendering for spleen Write this rendering and place it on an unwashed … and place the spoon above the spleen while the shirt is pulled to above the spleen… burn the written rendering inside the spoon such that… the spoon is not burned at all and the spleen… burns. It is tested (mujarrab). The shape is as such. [a plus made of two long kāfs] Also it is tested that the shape is written with ayn. [a plus written with two long Ayn’s] -
Malik 2551 folio 57 versoMain: again the woman’s attorney says “I wedded (zawwajtu) my client who is so-and-so daughter of so-and-so with your client, so-and-so son of so-and-so, with a specified and determined dowry (saddāq)” and the man’s attorney says “I accept the marriange (tazwij) on behalf of my client, so-and-so son of so-and-so, with the specified and determined dowry”. A prudent person will again repeat “I marry” and “I pair with”. The woman’s attorney says “I marry to (ankahtu) and betroth (zawwajtu) your client, so-and-so son of so-and-so, my client who is so-and-so daughter of so-and-so, with a specified and determined dowry (saddāq)” and the man’s attorney says “I accept the marriage (nikah) and union (tazwij) on behalf of my client, so-and-so son of so-and-so, with the specified and determined dowry”. The written (bi-khatt) contract is as such – I marry to and pair with so-and-so for a specific and determined dowry Margin: He married the [female] client who is so-and-so daughter of so-and-so to the client’s client? and he is so-and-so son of so-and-so, for a specified and determined dowry [describes the parts of speech in Arabic] I marry and pair with [describes the parts of speech] I marry the person of client’s client who is so-and-so son of so-and-so for the clients client who is so-and-so daughter of so-and-so for a dowry [describes the parts of speech] I accept the marriage… and she is so-and-so daughter of so-and-so for my client’s client who is so-and-so son of so-and-so for a known and determined dowry -
Malik 2551 folio 57 rectoMain: and if the father is the attorney of the daughter and performs the contract he says “I marry and give in marriage my daughter so-and-so, as I have agency on behalf of her and deputyship upon her, with a specified dowry”. And if the father acts as attorney on behalf of his son to perform the contract, he says “I accept the marriage and the contracting for my client, my son, who is so-and-so, and I have agency on behalf of him and and deputyship over him, with a specified dowry”. If the woman has an attorney and the man has another [attorney], first the attorney of the woman will say ,“I marry (ankahtu) my client who is so-and-so daughter of so-and-so, to your client, so-and-so son of so-and-so, with a specified and agreed upon dowry (saddāq).” And after this the man’s client says, “I accept the marriage (nikāh) on behalf of my client, so-and-so son of so-and-so, with the specified and determined dowry”. Caution dictates that either the term for marriage, “I marry” (ankahtu) or “I give in marriage” (zawwajtu), must be said individually and separately. Due to this, “I marry” (ankahtu) must be said first but “I give in marriage” (zawwajtu) must also be said Margin: ‘Aqd al-Khatt is the written marriage contract so that is what is being discussed but none of the sentences are complete enough to make sense]. 3 Know that caution dictates that the contract reciter says ‘for your client’ or ‘to your client’ or ‘of your client’, for example, after each recitation one should say. 4 “I marry (ankahtu)” is a present tense, singular, first person verb. Its meaning is independent of time, meaning that the present time is dropped from the meaning when it is written. …it is built on the notion of creation? …the marrying one (nākih) is placed… the speaker. And know that alif-lām has four types. The first type is the alif-lām of gender such as al-rajul–the man. The second alif-lām of preoccupation such as al-qusran al-insan–Human minors, the third is ali-lām of external covenant such as “But the Pharaoh disobeyed the prophet” (Qur’an 73:16) and the fourth is the mental covenant, for example, udkhul al-sūq–I entered the market. Inkahtu–I marry is a present tense, singular first person verb where ‘I’ is [hidden] in the conjugation form (mustatir). Its subject is the self and its object… My client… -
Malik 2551 folio 56 versoMain: and it should also be known that it is well established among scholars that the sigheh contract must be performed with the intention of creating a contract. For example, the person who utters the words “I marry” (inkahtu), if the intention is that no marriage has taken place before this, or if the intention is that the marriage is being contracted by the words “I marry” the marriage will in fact take place. Meaning that he is saying “I make this contract now” and the marriage is thus concluded. And know that if the man and the woman perform the marriage contract themselves [without representation] and the woman has no attorney, first the woman says “I marry to (inkahtu) and betroth (zawwajtu) myself to you with a known and aforementioned dowry (saddāq)” and the man says “I accept the marriage to and betrothal for myself with the known and aforementioned dowry”. If the woman has an attorney and a guardian (wali) and she herself says the nika, she should say: “I marry and give myself on the authority (isālatan) and deputyship (wikālatan) of my grandfather and father, for the specified, aforementioned dowry (mahr)” and the man says “ I accept the marriage to and nika for myself for the specified, aforementioned dowry” Margin: The marriage (munākiha) took place between the two parties, the offer and the acceptance. And I am from the side that made the offer… ? first of the Sayyids. 2 It is narrated by the prophet, blessing of allah be onto him, he prohibited putting hands on someone, hanging one’s head, looking into the sky, placing one’s hand between the knees, closing one’s eyes, placing hands on the neck, and yawning; the prophet spoke the truth. The marrying party (nākih), so-and-so son of so-and-so The attorney, so-and-so son of so-and-so The married one, so-and-so daughter of so-and-so Her attorney, so-and-so son of so-and-so With the dowry ?? Toman Date 2 month of such-and-such 1103 AH [1691-1692 CE] [torn] Permissible… Place of seal