From the Pages of the Defter (ص 244)

غرض

عنوان

From the Pages of the Defter (ص 244)

المحتوى

7417 This is why some loans
on lending the money for interest and not on buying real estate.
were given in exchange for properties that would be rather impossible to sell, for example,
one-third of three apartments (‘aliyyes) within a house along with one-third of an outhouse
(bayt raha).*"®
The idea that payback was the goal of the loan is also the reason why many
loaners took borrowers to court in an attempt to retrieve their loans, such as, for example,
‘Aisha bint Suliman ‘Ashar al-‘Ajlant and Maryam bint Ahmad al-(l)skaff of Hebron. They
brought a lawsuit in late 1891 against an individual who had mortgaged to them an “aliyye in
his house (dar) thirty-five months earlier in exchange for 1,000 kurus and 150 kurus annual
“rent” payments. Their demand in court was that either they receive the money owed them
or be allowed to sell the property.’”” It also occurred that the loaner was asked to be
patient, because the borrower had come to court, acknowledged the loan and testified of his
inability to repay it at that time. "7°
In other cases, the mortgager approached the court not in an attempt to reclaim his
or her loaned money but, rather, with a request that s/he be permitted to sell the
7 Wis Agmon, Family & Court: Legal Culture and Modernity in Late Ottoman Palestine (Syracuse: Syracuse
University Press, 2006): 7.
“8 HR 4/81 / 633 ((27 Rabi ‘I 1287 / 27 June 1870) .
“9 HR 14/53 / 168 (20 Rabi‘ | 1309 / 24 October 1891). For other examples of this ruling see HR 5 / 59 /
31 (26 Sh’aban 1288 / 10 November 1871); HR 5 / 64 / 51 (15 Ramadan 1288 / 28 November 1871) . HR
18 / 68 / 52 (27 Jumadi || 1316 / 12 November 1898) .
° For example: HR 5 / 19 / 285 (16 Rabi Il 1288 / 5 July 1871).
227

هو جزء من

From the Pages of the Defter

تاريخ

٢٠١٦

المنشئ

Susynne McElrone

مجموعات العناصر

Generated Pages Set

Theses رسائل ماجستير ودكتوراه