Folio 1 recto
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You can see the torn edges of the first folio pasted onto a larger sheet of paper to preserve and stitch the remaining pages together. We do not know how many folios are missing from this anthology but when it entered the registry of the Malik Library in 1972 the codex consisted of 72 folios [pin #1].
Two men, Sabz-Alī and Taymur Khān, appear as guarantors for Muhammad Ja’far Beg, a male inheritor from a woman who had been murdered (maqtūla) [pin #2]. Muhammad Ja’far Beg may have been the father, husband, brother, or son of this unnamed woman. Reference to his inherited assets include land and household furnishings. As guarantors, Sabz-Alī and Taymur Khān, certify that Muhammad Ja’far Beg is closest in kin to the murdered woman and next in line for inheritance. This written guarantee holds both men accountable; their legal claim entails duties towards Muhammad Ja’far Beg. As guarantors they ensure that if someone comes forward alleging to be a closer relative of the murdered woman, they will uphold Muhammad Ja’far Beg’s right. And if the claimant confiscates the inheritance, the two guarantors will have to pay Muhammad Ja’far Beg from their own monies.
All three individuals appeared (mazkur) [pin #3] in the previous folio connecting the former case of inheritance to this legal guarantee appearing on our first extant folio. That non-generic names of three men are recorded in the text signals the historicity of the case brought forward to this judge. Such a case of inheritance from a murdered woman must have been common enough for the judge to include it in his anthology. What is apparent is that her death was sudden and required two male members of the community to testify for the closest relative in line of inheritance. Here, two respectful members of the community had to come forward to confirm Muhammad Ja’far Beg as the legitimate heir of the murdered woman. Though we will never know why she was murdered, the judge recorded and revisited his own case history and subsequent owners of this anthology learned from.
A sample of a Peace Agreement (sulh namcheh) written in red ink [pin #4] immediately follows this written guarantee. The pact materialized between four men involved two brothers, Mihr-Alī and Shahrīkhan who shared the same biological father and mother (sons of Fazl-Alī, and Nasrī mother) with another two other brothers, Muhammad and Haji Muhammad, who were the sons of Ibrahim. The case continues in the next folio (1 verso) and involves a woman named Pari who is the half-sister of Mihr-Alī and Shahrīkhan.
Heading: Marginalia
It is not clear if a different hand of an owner writes into the margins of this opening folio. What is evident is the different subject matter that is recorded on the margins. Financial dues [al-wajib] [pin #5] are delineated as templates to be used for the purpose of remittances that a judge needed to witness and confirm. The second template of financial dues consists of a village elder’s [kad-khudā] salary [pin #6] which is enumerated (12 Tomans) as part of the property taxes for landowners, presumably in the same village.
A fascinating note reveals the authority of village communities [pin #7]. Following the specification of dues owed to the village elder by landowner the note considers the local mechanism of holding the landowner and his inheritors accountable for these dues. If a landowner neglected to pay his dues, the village community was charged with acting as protectors of the proceeds. They could confiscate [zabt] proceeds [probably in kind] from personal and royal land as well as from inherited properties. So long as the villagers acted in good faith the appropriation of legal proceeds was considered a blessed act [savab]. The collected proceeds were to be used for the welfare of the village community. We can assume that the judge adjudicated such cases where village elders did not receive their salary from a landowner who lived in Isfahan. It seems like the judge oversaw and signed for the Safavid government administration of some provincial salaries which were perhaps under the purview of the governor of a province in which the village was located???
Transcription
ملک ۲۵۵۱
ورق ا رو
:متن
معترف شدند سبزعلی و تمورخان مذکوران برآنکه هرگاه
احدی اقرب بمیراث مقتوله ظاهر شود و یا آنکه
در باب اموال واسباب واثاث البیت
و غیره ذالک بخلافه با محمد جعفر بک مذکور دعوی
نماید ایشان از عهده آن و جواب آن برون آمده
از مال خود ایشان راضی و ساکت سازند
در شهر فلان
صورت صلح نامچه- مصالحه صحیحه شرعیه
نمودند مسمی مهرعلی و مستمامان شهریخان ولدان
فضلعلی و نصری والده مهریعلی و شهریخان
مذکوران با مسیمان محمد و حاجی محمد ولدان ابراهیم
هر حقی و دعوی و گفتگویی که در باب کل ما یعرف
پدری و مادری و شاهویردی جده ولیخان جد از
بابت سراچه و اثاث البیت از نقد جنس
از قلیل و کثیر از منقول و منقول سمی او لم نسیّم
حواشی:
الواجب
ازبابت تحویل رفعت پناه فلان به آقا
جههّ فلان؟ فی سنه کی [قوی] ئیل
مبلغ فلان تبربزی؟ [امضا؟] شهر فلان
اقر بالمصالحه المزبور عندی
قبض مالوجهات درست؟
الواجب از بابت مالوجهات قریه فلان من اعمال
فلان باسم کدخدا فلان فی [قوی] ئیل
مبلغ دوازده تومان تبریزی؟ [امضا؟] شهر فلان
مقرر است آنکه جماعت قریه فلان بدانستن؟
که از موقر؟ ضابط محصولات قریه فلان
با فلان نام مقرر گردید که هرچه صاحب
مذکور گرفته باشد؟ ضبط نماید و حاصل جماعت؟
بارث رسیده که یکچند مال نو شمار افزون؟
و هر چه حاصل مال و دیوانی است
بازیافت شده درینکار ثواب نماید و هرچه
صلاح می بیند
و اینچنین؟ صلاح او بیرون نشده
و هر چه صلاح یا خطا می بیند
به سبب؟ و حاصل قریه مذکوره قیام هر یکی جمع قبض اقدام [نماید]
Translation
Malik 2551 Folio 1 recto
Main 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] please and calm [them] using their own property. In the month of so-and-so.
Sample of A Peace Agreement - 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]
Margin:
Financial Dues [al-wajib]
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-wajib]
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.
Go to Folio 1 Verso