Items
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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
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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
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Malik 2551 folio 9 versoMain Text: [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)
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Malik 2551 folio 7 versoMain Text: ... 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???
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Malik 2551 folio 7 rectoMain Text: 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. ???
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Malik 2551 folio 6 versoMain Text: 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 Marginalia: 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).
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Malik 2551 folio 6 rectoMain Text: 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 Marginalia: 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).
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Malik 2551 Folio 3 rectoMain Text: … were contented with and [verbally] acknowledged (qā’il) the aforementioned reconciliation and have abandoned their claim, whereby the legal reconciliation contract was written between the two, fixed and represented, and the amount of one Tabrīzī Tūmān as the reconciliation sum was sent from the aforementioned Nazīr and received by the aforementioned Salīm for him to distribute and apportion amongst themselves [the claimants]. Whenever they lay a claim against this [reconciliation agreement] it is nullified. Again, the aforementioned Salīm legally (shar’ī) attested, stating that if any of the old and young inheritors of the aforementioned Sādiq bring forward a claim he will manage to respond to them and quiet them. Written? such-and-such month. This is an Allotment Letter (hissa nāma)- Praise be to God, the owner of the skies and earth, and greetings and peace be upon his prophet, Mohammad, and all of his kin. Now, the intention behind writing these words, the legality of which is clear, is that since the late Muhammad Qulī Beg, son of Pīrī Beg, has passed on from the protection of two adult sons named the dignity-sheltering ... [cont. on next folio] Marginalia: Upper right: Confirmation Certificate (tasdīq-i daftari) Allowances (marsum)? The Year of the Ram, Hasan Jilūdār, who [entered] in a three-year contract? for the rent of a copper mine located in Buna Bar as delineated below, it is established that the bailiff (zābit) and the renter pay? the mentioned sum (vajh) in the customary manner. In such-and-such year the amount of such-and-such Tabrīzī Tūmān. Written? Such-and-such month of the year 1120 AH / 1708 CE. Left: Salaries (mawājib) for the properties of Bam? Salary – The animal attendants of the honorable so-and-so in the year of the ram. Amount of such-and-such Tabrīzī So-and-so – For three months; For the purpose of ... So-and-so – For one year; For the purpose of ... So-and-so – For two years; For the purpose of ... So-and-so – For one month; For the purpose of summer? (sayf) Order? (parvāna) For the purpose of ?? it arrived/was given to ??? for the cost of ???. Written? in so-and-so month 1120 AH / 1708 CE. Surety Contract (kifālat nāmcha) I, the servant of the threshold so-and-so, became the insurer of Muhammad Talib, [guaranteeing] that whenever he is requested to be present in the elevated court (dīwān-i a’lā) by the noble Hajiya residing in the city of Rasht for the purpose of recognition by the so-and-so store keeper (tahvildārī), it is the responsibility of the guarantor to [ensure] his presence. Written? such-and-such month. Power of Attorney (vikālat nāmcha) Aqa Muhammad, son of so-and-so, made the dignity and eminence (ma’ālī)-sheltering so-and-so his absolute attorney and deputy for the purpose of acquiring and reclaiming the amount of legal bonds from so-and-so son of the late so-and-so, so that God willing, he has the power of attorney to after recovering them hand them over to so-and-so and ... myself. This is legal and correct that ... Lower Left: ??? chancellory register (daftar) It is presented that the owner of this petition so-and-so did not have any shortcoming? (taqsīr) in his service. As such, he [the sender or the recipient of the petition] is authorized to [request] and put an [official] seal on whatever he decides upon. Response from the lowly one?? in the chancellory register (daftar) As the [title?] so-and-so the First Equerry confirmed the service of the sender of the petition, please authorize the penning of the confirmation?? of his position? in such-and-such year ...
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Malik 2551 folio 2 versoMain Text: [cont, from last folio]... from the residence and household furniture, from cash or property, the copper dishware, sleeping attire, livestock (davvāb), property [upkeep] materials, granary, etc., few and many, that he had, remains [with] you and you must hand over to me an amount from all of them equal to my share (hissa). He had other claims as well. The dispute between them had gone on far too long and a group of benevolent and well-meaning reconciliation (muslih), intending to settle the dispute and ease the welfare of the two sides [of the argument], decided upon the following: the aforementioned Nazīr will pay, by way of a legal and correct reconciliation, the amount of one Tabrīzī Tūmān to the aforementioned Salīm, Ayn-Alī, Alī-Muhammad, and Parī and [in turn] abandon his claim upon his fixed portion (hassiya mu’ayyana) from what is known [to be left] from the aforementioned Sādiq, from his residence, household furniture, cash and property, many and few, so that their dispute could be settled. Based on this, the aforementioned Nazīr and Salīm ... Margin: It acquired the position of being written while the temperament [of the author] was distressed. 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 Nullification Agreement (bātil nāmcha) Since the such-and-such amount of Tabrīzī [coins] based on a legal obligation of ?? and dignity-sheltering Muhammad Amīn son of Nadīr Khān Barāz? was taken by the hand of the lowliest subject Muhammad Safī al-din and the aforementioned amount was given to him, received by the faithful servant [??], based on the lack of the aforementioned legal obligation, it is determined that henceforth whenever the aforementioned obligation is presented it is considered nullified and without any degree of merit. Praise be [to God] and his greeting on the prophet. The cancellation Letter was penned. Written? such-and-such month. Seal?? [A thousand as the root of ones?]
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Malik 2551 folio 2 rectoMain Text: [cont. from last folio] ... has died [leaving] four blessed sons, named Nazīr, Salīm Balqān, Ayn-Alī, and Alī-Muhammad Sahibgharān? and a daughter named Bashar and a single child bearing (zāt al-walad) wife, Parī daughter of Fayz-Allah [and] only [them]. After a while, Bashar lost the protection of the aforementioned mother, Parī, and there were no others (lā gayr). Afterwards Salīm, relying on his integrity and representing the other aforementioned inheritors, [brought] a claim against his brother Nazīr. The summation of the claim is that after Sādiq died, the inheritor [Nazīr?] took a specific amount from Sādiq’s fortune and retained and seized it for himself, using it as capital (ra’s al-māl) for his petroleum (naft) shop (dukkān) and the expenditure of his wedding feast, and [now] it is onto you [Nazīr] to ?? and surrender up to the amount of our share. In response, Nazīr denied it and claimed that my presumed share (hassayih farziyya) from my father, from all that is known from the aforementioned, our father Sadiq, ... [cont. on the next folio] Margin: How to submit a petition to the king (pādishāh) The petition (‘ariza) of the lowest of subjects (bandagān) so-and-so [reached] was presented... The angel-behaving Caesar, the heaven-stirruped prosperous one, the essence of holiness... The direction of prayer for the world and its inhabitants ??? [name?] that as... ًShort letter of Repentance (tawbanamcha) Praise be to God who loves intentions and loves? my visage with his mercy and benevolence and absolves the sins of the criminals with his beneficence and fairness? and greetings and peace be upon the best of his creation Muhammad and his kin and progeny. The reason (bā’ith) for penning these words is that fortune became the companion of the refuge of honor Murād Beg Ahmad Ābādī who has pulled himself from the whirlpool of transgression onto the banks of salvation in order to [fulfill the expression] “I seek forgiveness from my Lord and repent onto him”. He has become remorseful (nādim) from his collection of forbidden acts (manāhī) and transgressions (ma’āsī), as in accordance with the content of the Hadith of the exalted Allah “turn to Allah in sincere repentance” [Qur’an 66:8], and has repented from drinking and debauchery and sodomy and fornication and stealing the property of others and consuming illegal interest (ribā’), and became distinguished by [rejecting] his own heinous acts. There is hope that he be of strong resolve [sure-footed] on this path, praise be to God, By the Truth of the Lord of men [‘ibād--the subjects]. Freedom Papers (azadnamcha) are as such: Praise be to Allah who protects the necks of the righteous ones from the fires [of hell] and provisions them with the choicest of virtues and strengths, and greetings and peace be upon his prophet and his kin and progeny. And then, the cause/reason for penning these legal [shar’iyya] words is that in accordance with the content of the Hadith “whosoever frees a believing slave, Allah will free all of his members, and their members, from the fire [of hell]”, ‘Izzat Ābādī Yusuf Khān freed and released from the yoke of bondage all the six-dāng members of one slave named so-and-so Bahman ?? for forty years?, to achieve closeness [qurba] to Allah and seek his contentment on the day of judgment as with other matters ??? and he [the slave] has control [ikhtiyār] to go wherever he desires. Written? Such-and-such month 1137 AH / 1725 CE Petition (‘ariza) and ? The petition letter of the lowest of the subjects ... reached the level of being submitted to the grand representatives ??? Petition (‘ariza) to the Mulla-bāshī Petition letters of the lowest of subjects reached the height of being received ... that as prior to this ... As he saw necessary, he dared impudence to offer a submission ... [Reached] the height of being submitted to the Haji the master of command ...
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Malik 2551 folio 19 rectoMain Text: of the sales. This was written in the month of Jumāda al-Awwal, the year of nine hundred and eighty-two [982 AH / 1574 CE] from the migration of the prophet, praise and commendation be unto him. Petition (‘arizah) to Imam Husayn Oh lord, oh master, Oh Husayn son of ‘Alī, may God’s peace and greetings be upon you all. Peace be upon you, the oppressed martyr, the unique stranger who is bereft and infallible. May God’s greetings be upon you and upon your illuminated soul, upon your purified grandfather. He [I] desires the dust [under] your shoes and praises? your footsteps. May he accept the honor to serve you and be acknowledged at your threshold (‘atabba), and perform pilgrimage to your grave with his head and eye, your servant, the wretched one, residing in Ardabil, so-and-so. [So far,] this resolve has not come to fruition due to hindrances, obstacles, occupations, and entanglements, as well as poverty (faqr) and destitution (fāqa). He begs the servants of your teachings to guide and direct [him] Margin: Content of an Edict [to appoint a] Chief (kalāntar) [of a locality] It has been established that since olden times, due to abundant consideration and benevolence towards peasants and inhabitants who are the rare deposits of His excellency the creator, his station be the highest, the [position of] chief (kalāntar) of the aforementioned location Qizil Almakh? was given and comes back to elevation and grandness sheltering, the shah lover (shahsivānī) so-and-so; the aforementioned is described and well known through his charitable acts, low greed, and goodness of spirit. Therefore, in the contract for the aforementioned city? in the year so-and-so to be the chief and ? of the peasants of the aforementioned location, it is in accordance with the enduring edict for the responsibility and precedence of [the position] to be entrusted and returned to the elevation sheltering aforementioned by the order of the aforementioned executor and advisor of affairs. And the accouterment and ceremonies are as should be and befitting. There will not be a moment of faltering or pause in [the work]. In regards to expenditure and interest collected from the taxes, the development and cultivation (ābādānī) of the territory (mamlakat), and advocate for the properties of the peasants, he will exercise the utmost diligence and always display the virtue of his good service.
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Malik 2551 folio 18 versoMain Text: [properties] to the control of the sayyid and virtue sheltering excellency, the aforementioned customer, may he never decline. He took possession whereby they became a property amongst his properties and a right from amongst his rights, halting the ability to cancel a contract, as required for legal sales and contracts, with full knowledge of it, especially the capacity [due to] price discrepancy (khīyār-i ghabn), even if it is stark. He guaranteed his ability to actualize [the agreement], a legal guarantee where if someone appears with legal rights (mustahiq) to all or part of [the properties in question], he will be able to fulfill the value of the share or deliver the purchased [portion]. The sayyid sheltering excellency, the aforementioned customer, surrendered the entirety of the price of the prosperous [properties] to her excellency the aforementioned [female] seller. He surrendered and was thus free of the obligation, in whole or parts, of the aforementioned price, a legal immunity, halting the right to demand and inquire after the legal appraisal and the knowledge of the contracting parties and the price on the day. Margin: In the margin of this contract should write: Properties Waterways located in the territory of such-and-such Properties Waterways located in the territory of such-and-such Properties Waterways located in the abode of guidance Ardabīl with the houses except for the share of the bathhouse and orchards the names of which are known to you? And the share of the bakery shop Properties Waterways located in the territory of such-and-such based on what is herein, Near such-and-such – two portions (dāng) Near such-and-such – half portions (dāng) Near such-and-such – two sixteenths (sha’īr) The farm of such-and-such – two taqrīm? The farm of such-and-such – two portions (dāng) The entirety of Two commonly held (shāyi’) portions (dāng) from the half of one portion (dāng) of the village of so-and-so, in accordance to the clear confirmation of the sayyid-sheltering excellency Mahdī Aghā Mīrzā Safavi is ?? and [set aside] destined for the esteemed brother, the sayyid and diffusion outfitted Amīr ‘Alī Akbar Mīrzā Safavī. Written in the month of so-and-so year 1130? AH
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Malik 2551 folio 18 rectoMain Text: the aforementioned [female seller] for the trusted (mu’awwal ‘alayh) sum, without any disputing disputer, and all of the shares of the known and identified in detail properties [held in] common are attached, as described by their limits, rights, subsidiaries, attachments, additions, and inclusions, both old and new, inside and outside, attached and detached, constructed (‘āmir) and uninhabited (ghāmir), [and he bought them] for the price the value and weight of which is known, and it is four hundred thousand Tabrīzī dīnārs and thirty quarters of mithqāl of minted coins, of coins [used] in trade, the value of which is emphasized in the original and explained here (ta’kidan al-asl wa tawzihan lah), fifty thousand dīnārs as explained [was] the correct, legal purchase, including the contract of ‘requiring (ījāb) and accepting (qabūl)’ and surrendering and accepting surrender, and owning and being owned, and taking control of and relinquishing control, in a state of sound health, devoid of deficiency and corruption, and her excellency the grand sayyida, the aforementioned [female] seller, in prosperity, [relinquished] the aforementioned Margin: The date of wedding 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. [end]
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Malik 2551 folio 15 versoMain Text: ... the rental [contract] became enforceable [between them]. Written in such-and-such month. Copy (surat) of a land grant (soyurghāl) Obligation (tamassuk) The reason for writing these words is that 'Issā Khan Beg Safavi, son of the late Amīrat Khan Beg Safavi appeared in an Islamic court (muhakama) in Ardabil and [added on the right margin upside down: reconciled and contracted [out] to the elevated stationed, not in need of a title, Murtazā Qulī Khan Safavi son of the late Safī Qulī Khan Beg Safavi ?Mirza?] the entirety of one portion (dāng) of his soyurghal from the village of Kūrīm [maybe Kūrāyīm?] located in the region of Lakacha Musallā?, that need not be described and bound, from the date of the beginning of such-and-such month from such as such year (yīl) for the duration of eight complete years with the contract as described [whereby half the time is] four years, for the price of twelve Tabrīzī Tūmāns, half of which is six Tabrīzī Tūmāns. The aforementioned Murtazā Qulī Beg accepted after a year and the contract was carried out and is in place. With the reception of the amount of the recorded reconciliation with 'Īsā Khan [Murtazā Qulī] acknowledged and agreed upon [it]. Based on this the entirety of the proceeds and benefits from the one portion (dāng) of his ['Īsā Khan's] soyurghāl from the aforementioned village, all that which he would receive from the peasants and farmers [rightfully] belongs to the owner of the soyurghāl, from the Juft Bāshī and others, Murtazā Beg will acquire (akhz) for himself... Margin: Petition (‘arza) to the king (pādishāh) The petition of the son of the servant of the Khan The scattered dust of the angel-guiding threshold is turned into kohl (surma) for theseexpectant eyes, to present to the attention of those standing at the foots of the caliphate’s throne (sarīr-i khilāfat) of the elevated caesar (qaysar-i a’lā) that... Also The dust of the caliphate-marked threshold is turned into kohl (tūtiyā) for these expectant eyes to present to the attention of... continue as previous. The petition of the son of the servant of the Khan The scattered dust of the angel-guiding threshold is turned into kohl (surma) for these to the son of the king (pādishāh) The petition of the lowliest of subjects It is presented to the attention of the residents of the sacred and elevated angel-guarding threshold that...
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Malik 2551 folio 15 rectoMain Text: ... and receive, and therefore 'Issā Khan Beg from the recorded time until the expiration of the duration of eight years will have no dealings with the peasants in the one portion (dāng) of his soyurghāl. 'Issā Khan Beg was satisfied and acknowledged it, dated the tenth of the aforementioned month ?maza? Copy (surat) of rental agreement (ijāra nāma) of a Land Grant (soyurghāl) The Sayyid-sheltering Murād Khan son of Shayid-ī Khan Safavī resident of the village of Īrdmūsā legally (shar’ī) reconciled and contracted out to the felicity and nobility sheltering, dignity and guardianship outfitted Qīyā Beg Safavi the entirety and complete proceeds of [his] soyurghāl, the location [of which] is half a zawj [land that can be plowed by one bull each season] with the bulls (awāmīl) known as the bulls (gāv) ??? of Isma’īl [ or “known as the kavkand of Ismā’īl”] son of Barām, from the territories of the aforementioned village, that need not be described and bound, from the beginning of this year of the ram (qūy), 1127 AH / 1715 CE, for the duration of eight complete years to be received by the aforementioned Qīyā Beg as given by the aforementioned Murād Khan. [It is written] by his own legal acknowledgement. Copy of a deed (qabālah) Margin: ??? It should not be hidden from the masters of intellect that... what is understood is that the soyurghāl lands? cannot be sold (bay’) or mortgaged (rahn) as they are not (‘ayn) unlike owned property (mulk) [meaning that they are not independent]. However, they can be rented out and rented on the condition that the reconciliation and contracting out is explicated [in the contract] with a fixed tax (juz’). In that regard, as the Muslim Lands (bilād-i Islām) are taxable lands (bilād-i kharājiyya) then [the tax] has already been determined and therefore the [soyurghāl] land can be rented out under the aforementioned conditions. Allāh is all knowing.
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Malik 2551 folio 13 rectoMain Text: ...has no right, claim, or dispute and will not have any either; whenever he disputes this, it is invalid (bātil). Written in the month of so-and-so. Copy (sūrat) of a Divorce Agreement (itlāqnāma) [The individual] named Safī, high-waisted, wide-toothed, and black-bearded, son of Muhammad Mīr Naqī, made the virtuous Mullā Muhammad his absolute attorney and legal deputy for the purpose of divorcing his consummate wife named Parīzād daughter of ‘Āshūr Qulī, such that, in the presence of a number of the eminent just faithfuls (‘udūl al-mu’minīn), as they heard the formula for a valid divorce, the legal non-compensating (khal’ī) divorce [took place] in exchange for [forgiving] the bride price of the aforementioned [Parīzād] in the marriage contract and the known dowry that the aforementioned [Parīzād] has had as part of his [Safī’s] responsibilities and in his household. The aforementioned [Parīzād] also equally? ended (bazal) her attorney’s [representation]. [This is] a sound, legal representation. Written in the month of so-and-so. Notary (mahzar) copy (sūrat) Witnessing, and reporting, and informing is requested from the elevated sayyids, the generous scholars, the servants of the illuminated blessed threshold of the Safavid Safī, May it be verified by the heavenly lights, and the slaves (ghulāmān) and cavalry (qūrchīyān)... [cont. on the next folio] Margin: I acknowledge and witness the aforementioned power of attorney with what is mentioned in it so-and-so son of so-and-so That which is written in the text is the exposition of truth and has no contrary. [Written] by the lowliest subject, so-and-so
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Malik 2551 folio 12 versoMain Text: [The individual] named Rajab son of Muhammad Rizā legally (shar’ī) acknowledged and confessed to null and void any right, claim, or dispute regarding what was left behind and remained from Kallar, the paternal grandfather of the aforementioned Rajab, that he had had with the individual named Muhammad Sādiq, son of the aforementioned Kallar. Knowingly and in full awareness, he considers [the matter] aborted (isqāt) and resolved (bar taraf). After this day, if he were to bring forth a claim in any manner amongst legal manners it is null and void. Written in the month of so-and-so. To Write in Regards to A Daughter Not Yet of [legal] Age (nārasīda) [The individual] named Nawrūz son of Bayram Mir Begum legally acknowledged and confessed that he has entrusted his blood (salbī) daughter named Havvā to [the individual] named Ramazān son of Qurbān who will have the guardianship and protection of the aforementioned minor Havvā, pay for her subsistence and expenditure from his own money and not demand anything from her parent [Nawrūz]. The aforementioned acknowledging party [Nawrūz] acquired the amount of one thousand dīnārs from the aforementioned Ramazān through the legal agreement (bih sīgha-yi) of the bride price (bāshliq). Therefore, going forward, in regards to the bride price (bāshliq) of his daughter, the aforementioned acknowledging party [Nawrūz]... Margin: The Receipt (qabz) for a Store (dukkān) Is as Such The renting of the convenient store (baqqāl) located in the entrance of Nīyār Dīl or so-and-so, in the year of the whale, completely, fully, and defensively? was received by me from the hands of Hajī Muhammad Baqqāl [store owner]. Written in the month of so-and-so. Copy (sūrat) of an Allocation Share from the Grain Proceeds Clean? The grain proceeds of Ahmad Khan Alārūghī in the Year of the Ram (Kī/Qūy). Split pea (lappa), Lentil (‘adas), containers? Barley (jaw), ervil (gāvdāna), containers?
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Malik 2551 folio 10 rectoMain Text: ...in whatever manner from amongst legal manners, raise a claim regarding the aforementioned order, it will be null and void. Then, the aforementioned acknowledging [party i.e. Qardāsh] vowed that whenever anyone lays a claim regarding what was left behind from the aforementioned named [woman] from the bride price, dowry, and other things, it is upon him to appease and silence them. Written in the month of so-and-so. The Affidavit (‘adūl) is written in this manner The purpose behind writing these legal (shar’ī) words is that as Zayd Qarābana son of ‘Umar has passed away from the protection of two sons and a daughter, all of whom born unto him by the same [woman] named so-and-so daughter of so-and-so, amongst what he left behind are the entirety of the properties recorded below in the presence of a group of elders (kad-khudā) of the aforementioned village and the family and kin of [the children]. After that, in the below date, the entirety of the described properties above were entrusted, with the knowledge of a group of the elders (kad-khudā) and senior figures (rīsh safīdān) and the [children’s] relatives, by way of inheritance, to the named Bakr the subsequent (lāhiq) husband of the [woman] named as the aforementioned so-and-so and the aforementioned named [woman] herself who is the [children’s] mother, to safeguard for the minors so as to [surrender to them after they reach maturity]... Margin: In the manner penned in this lengthy book (sahīfa), some from amongst the honest (‘udūl) faithful are companions [who serve as] witnesses (shahhād) and claimants (dā’ī). I was present at a gathering when this legal purchase, the note (ruq’a), and the document (sanad) was handed to the claimant so that he can, in the mentioned time, prepare the amount whereby the just notables (hazarāt-i ‘udūl) could entrust it to whomever they desire. What is in this authentic (sahīh) writing (sahīfa) containing a legal purchase transpired with the just (‘udūl) notable, may Allah make well their affairs, and I am at their service. Written by the lowest representative (khalīfa), so-and-so.
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Malik 2551 folio 1 versoMain Text: in exchange, one female cow, one calf ?? are chosen, and Muhammad Pur? acting with integrity and as the advocate of Haji Muhammad agreed on this reconciliation. The legal contract (sigheh) of reconciliation was enforced between them and all proceeds (‘avaz) of the reconciliation in connection (ittisāl) to the aforementioned Muhammad was received (vāsil) by the aforementioned Mihr-i-Ali and Shahrikhan and Nasri. [This was] a legal (shar’i) acquisition. At any time, or in any day, should they lay a claim or [open] a case negating this [decision] it will be null and void. Again, the aforementioned Mihr-i-Ali and Shahrikhān and Nasri, acknowledge that, should at any time the daughter of Fazl-Alī named Parī lay claim to the [proceeds received by the] aforementioned Muhammad and Haji Mohammad, the named related parties would respond to [the claim] and satisfy her using their own money. Written? in the month of so-and-so. Text of a Peace Agreement (sulh nāma): After praise and salutation [offered to God], the reason for writing these words is that Sādiq son of Mir Ghuzāt Qarātibi’ [continued on the next folio] Marginalia: Top Left Petition (‘ariza) to the Minister of Religion, Justice and Education (Shaykh-ul-Islam) ?? of this lowly one [that reaches] the height (zirva) of being presented to the??? Aqa that, as the topic??? Top Right Draft (barāt) regarding fodder and hay Fodder Response to the holder of the office (sarkār) of the vizier and dignity sheltering Mirza Sadiq of ???? Draft (barāt) regarding fodder and hay Fodder The response to the holder of the office (sarkār) of vizier, the dignity sheltering Mirza Sadiq of ???? dated the month of so-and-so of 1130 AH (1718 CE) of the year of the ram (ki/qūy), equivalent to a donkey-load head of hay or a [donkey-load] head of fodder And give it to Piraruq whereby its price will be as agreed, one hundred Dinars ??? Response to the duties (rusūm) of an Alderman (dārūgha) Instructions (dastūr) The command for hiring an alderman (darugha-gi) was issued during the first six months of the year of the whale (luy)? the year of the snake (yillan) which in accordance with the command of the world-obeying [king] was in place for the Shari’a-sheltering so-and-so Ajurlu Beg, in accordance with the years [of service?] and the procedural code of the high office and ??? is equally distributed (saviyyat) due to the generosity of the aforementioned. Dated to the so-and-so month of the so-and-so year for the agreed upon price of such-and-such dinars, the amount of such-and-such Tabrīzī? Population of ? province (vilāyat) should pay the customary fees (rusūm al-dārūghagi) of the alderman, which is the cost of war??? The aforementioned reconciliation was acknowledged by me.
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Malik 2551 folio 1 rectoMain Text: The aforementioned Sabz-Alī and Taymur Khān declared that whenever anyone appears who is closer [in the line of inheritance] to the inheritance of the [female] murder victim [maqtūla], or if [this person] raises a claim in disagreement with the aforementioned Muhammad Ja’far Beg regarding the property, possessions and household furniture etc., they [Sabz-Alī and Taymur Khān] will be responsible and able to manage it and respond to it and satisfy and appease [the claiming party] and calm [them] using their own property. In the month of so-and-so. Sample of A Peace Agreement (sulh nāmcha): A correct and legal reconciliation [was achieved] between the named Mihr-Alī and named Shahrīkhan, sons of Fazl-Alī, and Nasrī mother of the aforementioned Mihr-ī-Alī and Shahrīkhan with the named Muhammad and Hajī Muhammad sons of Ibrahim. Any rights or claims or discussion regarding all that is known about the father and mother, and Shahupardī the grandmother, and Valī-Khān the grandfather, concerning the residence and household furniture, cash or goods, few and many, moveable and immovable, named or not named [continued the next folio] Marginalia: Financial Dues (al-wājib) Issued as the remittance (tahvīl) for his highness (the elevation-sheltering) so-and-so to sir (agha)... for the purpose of such-and-such in the year of the ram (qūy), the amount of such-and-such Tabrīzī [currency] signed in the month of such-and-such. The aforementioned reconciliation was acknowledged by me. Receipt of the properties and possessions Financial Dues (al-wājib) Issued from the properties and possessions of the such-and-such village which is [an establishment] set up by so-and-so in the name of such-and-such village elder [kad-khudā] in the year of the ram [qūy] the amount of twelve Tuman Tabrīzī signed? in the month of so-and-so. It was established that the community at the so-and-so village on behalf of the protector of the proceeds of the so-and-so village, agreed that whatever the aforementioned owner took he will confiscate (zabt), and the proceeds from the inherited [properties], which include a number of new increasing properties, and all of the proceeds from the royal possessions, will be recovered and spent in this blessed [savab] act, and whatever he finds righteous [salah] [such that] it does not negate his interest and whatever he finds to be not righteous ???, he will engage in [collecting] the proceeds of the aforementioned village and collecting the receipts? from it.
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Inscription on ReadingIf someone buys a book and writes on its margins, the two should be read together.
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Freedom Paper (azād nāma)Freedom Papers (azād nāmcha) are as such: Praise be to Allah who protects the necks of the righteous ones from the fires [of hell] and provisions them with the choicest of virtues and strengths, and greetings and peace be upon his prophet and his kin and progeny. And then, the cause/reason for penning these legal [shar’iyya] words is that in accordance with the content of the Hadith “whosoever frees a believing slave, Allah will free all of his members, and their members, from the fire [of hell]”, ‘Izzat Ābādī Yusuf Khān freed and released from the yoke of bondage all the six-dāng members of one slave named so-and-so Bahman ?? for forty years?, to achieve closeness [qurba] to Allah and seek his contentment on the day of judgment as with other matters ??? and he [the slave] has control [ikhtiyār] to go wherever he desires. Written? Such-and-such month 1137 AH / 1725 CE