From the Pages of the Defter (ص 228)

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From the Pages of the Defter (ص 228)

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faith, or a redemption purchase. The terms of this type of sale, as unfailingly recorded in the
court register for each such case, were that the seller had the right to buy back the lands for
the same price s/he sold them.*”"
In some cases this stipulation was limited by a timeframe
of a certain number of years; usually it was open-ended. Interest was often charged on
mortgages as well as other types of loans through legal fictions. Someone who mortgaged
392
Someone who
his residence might “rent it” until he repaid the amount borrowed.
borrowed cash or mortgaged his property would also “purchase” an “item”, often described
as a silver watch, from the loaner. To illustrate, when Yusif Idris of Hebron borrowed from an
orphaned minor 1,325 kurus for a period of three years, he also “purchased’ from the minor
a silver watch, for 425 kurus, equivalent in value to 32 percent of the loan. *?? When al-Hajj
Hassan b. al-Hajj Muhammad Farah of Hebron borrowed 1,500 kurus, he mortgaged an
‘aliyye (upper-floor apartment) in his house (dar) and also agreed to “purchase” two
watches for 450 kurus, equal to precisely 30 percent of the loan.*”"
°°? See, for example, HR 1 / 154 / 306 (14 Rajab 1284 / 11 November 1867).
>? See, for example, HR 14 / 53 / 168 (20 Rabi‘ | 1309 / 24 October 1891).
93 HR 18/6/15 (29 Sha‘ban 1315 / 23 January 1898.
7 WR 14/124 / 399 (25 Rabi ‘11 1309 / 28 November 1891).These euphemisms were common
throughout the Empire. For those used in Istanbul, see Timur Kuran, The Long Divergence: How Islamic
Law Held Back the Middle East (Princeton: Princeton University Press, 2011): 150.
211

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From the Pages of the Defter

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Susynne McElrone

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