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Class
Prep
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The Babatha
Archive
(excerpts)
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P.
Yadin 12. Extract from Council Minutes
The court assigns guardians for Babatha's orphaned son Jesus
Between 27 February-28 June 124 C.E.
Outer
Text
Verified exact copy of one item of guardianship from the minutes
of the council of Petra the metropolis, minutes displayed in the
temple of Aphrodite in Petra, and it is as appended below:
"And
of Jesus, a Jew, son of Jesus, of the village Maoza, 'Abdobdas
son of Ellouthas and John son of Eglas [are appointed guardians]."
Done
in Petra, metropolis of Arabia, four days before the kalends of
..., in the consulship of Manius Acilius Glabrio and Gaius Bellicius
Torquatus...
On the back, 5 individual signatures of witnesses
P. Yadin 14. Summons to Court
Babatha subpoenas her orphaned son Jesus' guardians to charge them
with inadequate maintenance
11 or 12 October 125 C.E.
Outer
Text
In the ninth year of Imperator Traianus Hadrianus Caesar Augustus,
in the consulship of Marcus Valerius Asiaticus for the second time
and Titius Aquilinus four days before the ides of October, and according
to the compute of the province of Arabia year twentieth on the twenty-fourth
of month Hyperberetaios called Thesrei, in Maoza, Zoara district,
before the attending witnesses, Babatha daughter of Simon son of
Menahem -- through her guardian for this matter, Judah son of Khthousion
-- summoned John son of Joseph Eglas, one of the guardians appointed
by the council of Petra for her son Jesus the orphan of Jesus, saying:
"On account of your not having given ... to my son, the said
orphan ... just as 'Abdoobdas son of Ellouthas, your colleague,
has given me receipt, therefore I summon you to attend at the court
of the governor Julius Julianus in Petra the metropolis of Arabia
until we are heard in the tribunal in Petra on the second day of
the month Dios(?) or at his next sitting in Petra... "
The attending witnesses: John son of Makhouthas, Sammouos son of
Menahem, Thaddeus son of Thaddeus, Joseph son of Ananias, Jesus(?)
son of Libanos(?).
On the back, 5 individual signatures of witnesses
P. Yadin 15. Deposition
Babatha deposes her orphaned son Jesus' guardians in court for inadequate
maintenance
11 or 12 October 125 C.E.
Outer
Text
In the ninth year of Imperator Traianus Hadrianus Caesar Augustus,
in the consulship of Marcus Valerius Asiaticus for the second time
and Titius Aquilinus four days before the ides of October, and according
to the compute of the province of Arabia year twentieth on the twenty-fourth
of the month Hyperberetaios called Thesrei, in Maoza, Zoara district,
before the attending witnesses Babatha daughter of Simon son of
Menahem deposed against John son of Joseph Eglas and 'Abdoobdas
son of Ellouthas, guardians of her orphan son Jesus son of Jesus,
appointed guardians for the said orphan by the council of Petra,
in the presence of the said guardians, saying:
"On account of your not having given my orphan son generous(?)
maintenance money commensurate with the income from the interest
on his money and the rest of his property, and commensurate in particular
with a style of life which befits(?), and you contribute for him
as interest on the money only one half-denarius per hundred denarii
[per month], as I have property equivalent in value to this money
of the orphan's that you have, therefore I previously deposed in
order that you might decide to give me the money on security involving
a lien on my property, with me contributing interest on the money
at the rate of a denarius and a half per hundred denarii, wherewith
my son may be raised in splendid style, rendering thanks to the[se]
most blessed times of the governorship of Julius Julianus, our governor,
before whom I, Babatha, summoned the aforesaid John, one of the
guardians of the orphan, for his refusal of disbursement of the
[appropriate] maintenance money. Otherwise this deposition will
serve as documentary evidence of [your] profiteering from the money
of the orphan by giving..."
Babatha deposed as aforestated through her guardian for this matter,
Judah son of Khthousion, who was present and subscribed.
[2nd hand] I, Babatha daughter of Simon, have deposed through my
guardian Judah son of Khthousion against John son of Eglas and 'Abdoobdas
son of Ellouthas, guardians of my orphan son Jesus, according to
the aforestated conditions. I, Eleazar son of Eleazar, wrote for
her by request, because of her being illiterate.
On the back, 7 individual signatures of witnesses
P. Yadin 17. Deposit
Babatha deposits 300 denarii with her husband, Judah son of Eleazar
21 February 128 C.E.
Outer
Text
In the consulship of Publius Meilius Nepos for the second time and
Marcus Annius Libo ten days before the kalends of March, and by
the compute of the new province of Arabia year twenty-second on
the sixth of the month Dystros, in Maoza, Zoara district, of his
own free will and consent Judah son of Eleazar also known as Khthousion,
En-gedian, acknowledged to Babatha daughter of Simon, his own wife,
present with her as her guardian for the purpose of this matter
being Jacob son of Jesus, all of them residing here, to the effect
that Judah has received from her on account of a deposit three hundred
denarii of silver in coin of genuine legal tender, on condition
that he have and owe them [as a debt] on deposit until such time
as it may please Babatha, or anyone acting through her or for her,
to request the aforesaid denarii of the deposit from the said Judah.
And if Judah when so requested does not promptly repay, in accordance
with the law of deposit he shall be liable to repay the deposit
to her twofold in addition to damages, and he shall also be answerable
to a charge of illegality in such matters, the said Babatha or anyone
producing this contract on her behalf having right of execution
upon Judah and all his possessions everywhere -- both those which
he possesses and those which he may validly acquire in addition
-- in whatever manner the executor may choose to carry out the execution.
In good faith the formal question was asked and it was agreed in
reply that this is thus rightly done.
[2nd hand, Aramaic] Yehudah son of Eleazar: "I acknowledge
that I have received from Babatha my wife, with the knowledge of
Jacob her 'lord' son of Yeshu'a, on account of deposit, three hundred
silver denarii, and I will return them to her at any time that she
will wish, as is written above, with nothing withheld(?) according
to the law of deposit." Yehudah son of Eleazar wrote it.
[1st hand, Greek] I, Theenas son of Simon, librarius, wrote
[this].
On the back, 7 individual signatures of witnesses
P. Yadin 18. Marriage Contract
Judah son of Eleazar marries his daughter, Shelamzion, to Judah Cimber
5 April 128 C.E.
Outer
Text
In the consulship of Publius Metilius Nepos for the second time
and Marcus Annius Libo on the nones of April, and by the compute
of the new province of Arabia year twenty-third on the fifteenth
of month Xandikos, in Maoza, Zoara district, Judah son of Eleazar
also known as Khthusion, gave over Shelamzion, his very own daughter,
a virgin, to Judah surnamed Cimber son of Ananias son of Somalas,
both of the village of En-gedi in Judea residing here, for Shelamzion
to be a wedded wife to Judah Cimber for the partnership of marriage
according to the laws, she bringing to him on account of bridal
gift feminine adornment in silver and gold and clothing appraised
by mutual agreement, as they both say, to be worth two hundred denarii
of silver, which appraised value the bridegroom Judah called Cimber
acknowledged that he has received from her by hand forthwith from
Judah her father and that he owes to the said Shelamzion his wife
together with another three hundred denarii which he promised to
give to her in addition to the sum of her aforesaid bridal gift,
all accounted toward her dowry, pursuant to his undertaking of feeding
and clothing both her and the children to come in accordance with
Greek custom upon the said Judah Cimber's good faith and peril and
[the security of] all his possessions, both those which he now possesses
in his said home village and here and all those which he may in
addition validly acquire everywhere, in whatever manner his wife
Shelamzion may choose, or whoever acts through her or for her may
choose, to carry out the execution. Judah called Cimber shall redeem
this contract for his wife Shelamzion, whenever she may demand it
of him, in silver secured in due form, at his own expense interposing
no objection. If not, he shall pay to her all the aforestated denarii
twofold, she having the right of execution, both from Judah Cimber
her husband and upon the possessions validly his, in whatever manner
Shelamzion or whoever acts through her or for her may choose to
carry out the execution. In good faith the formal question was asked
and it was acknowledged in reply that this is thus rightly done.
[2nd hand, Aramaic] Yehudah son of Eleazar Khthousion: I have given
my daughter Shelamzion, a virgin, in marriage to Yehudah Cimber
son of Hananiah son of Somala, according to what is written above.
Yehudah wrote it.
[3rd hand, Aramaic] Yehudah Cimber son of Hananiah son of Somala:
I acknowledge the debt of silver denarii five hundred, the dowry
of Shelamzion my wife, according to what they wrote above. Yehudah
wrote it.
[1st hand, Greek] I Theenas son of Simon, librarius, wrote
[this].
On the back, 7 individual signatures of witnesses
P. Yadin 19. Deed of Gift
Judah son of Eleazar gifts a courtyard to his daughter, Shelamzion
16 April 128 C.E.
Outer
Text
In the consulship of Publius Metilius Neros for the second time
and Marcus Annius Libo sixteen days before the kalends of May, according
to the compute of the new province year twenty-third on the twenty-sixth
of Xandikos, in Maoza of Zoara district, Judah son of Eleazar Khthousion,
an En-gedian domiciled in Maoza, willed to Shelamzious, his daughter,
all his possessions in En-gedi, viz. half of the courtyard across
from (?) the synagogue (?) ... including (?) half of the rooms and
the upper-story rooms therein, but excluding the small old court
near the said courtyard, and the other half of the courtyard and
rooms Judah willed to the said Shelamzious [to have] after his death;
of which courtyard and rooms the abutters [are], on the east [property]
of Jesus son of Maddaronas and an empty lot, on the west the testator,
on the south a market, on the north a street (and Shelamzious shall
not be responsible for any error [in this statement] of boundaries),
together with entrances and exits, bricks, roof, doors, windows
and existing appurtenances of every kind, so that the aforesaid
Shelamzious shall have the half of the aforesaid courtyard and rooms
from today, and the other half after the death of the said Judah,
validly and securely for all time, to build, raise up, raise higher,
excavate, deepen, possess, use, sell and manage in whatever manner
she may choose, all valid and secure. And whenever Shelamzious summons
the said Judah he will register it with the public authorities.
[2nd hand, Aramaic] Yehudah son of Eleazar Khthousion: I have given
the courtyard and the house therein to Shelamzion my daughter according
to what is written above. Yehuda wrote it.
[1st hand, Greek] I, ... son of Simon, wrote [this].
On the back, 7 individual signatures of witnesses
P. Yadin 20. Reununciation of Claims
Besas and Julia Crispina, guardians of Jesus' orphans, renounce claims
to the courtyard gifted to Shelamzion
19 June 130 C.E.
Outer
Text
Year fourteenth of Imperator Traianus Hadrianus Caesar Augustus,
in the consulship of Gavius Catullinus and Flavius Aper thirteen
days before the kalends of July, according to the compute of the
new province of Arabia year twenty-fifth on the thirtieth of Daisios,
in Maoza in the district of Zoara, Besas son of Jesus, En-gedian
domiciled in Mazraa, guardian of the orphans of Jesus son of Khthousion,
and Julia Crispina, supervisor, to Shelamzious daughter of Judah,
En-gedian, through Judah (also known as Cimber) son of Ananias,
En-gedian, her guardian for the purpose of this matter: We acknowledge
that we have conceded to you, from the property of Eleazar (also
known as Khthousion) son of Judah, your grandfather, a courtyard
with all its rights in En-gedi and the rooms with it, everything
that opens [off it] to east, north or south, every right that the
aforementioned Eleazar Khthousion had in the said courtyard, abutters
being, on the east a market, on the west [property of] Maththethos
(?) son of Zabbaios, on the north Aristion's lane, on the south
a public market. This courtyard I will register for you with the
public authorities wherever you wish, you paying the fee. And it
anyone enters a counterclaim for the said courtyard, we will conduct
a firm legal defense and will clear it for you of any counterclaimant
at our own expense without any dispute, the formal question having
been in good faith asked and acknowledged in reply.
[2nd hand, Aramaic] Besa son of Yeshu'a, a guardian (epitropos)
of the orphan(s) of Yeshu'a son of Khthousion: I acknowledge to
you, you Shelamzion, [according to] what [is written] above, that
I will act and clear the title (according to) all that is written
above. Besa son of Yeshu'a wrote it.
[3rd hand, Greek] I, Julia Crispina, supervisor (episkopos),
acknowledge that I have conceded accordingly.
[1st hand, Greek] It was written by Germanos, librarius.
On the back, 7 individual signatures of witnesses
P. Yadin 26. Summons and Reply
Babatha and Miriam litigate over rights to their husband Judah's property
9 July 131 C.E.
Outer
Text
Before the attending witnesses who also affixed their signatures,
Babathas(sic), a Maozene woman, daughter of Simon, summoned
Miriam, an En-gedian woman, daughter of Beianos, to accompany her
in person before Haterius Neros, legatus Augusti pro praetore,
whereever his venue may be, [to answer] why you seized everything
in the house of Judah son of Eleazar Khthousion my and your late
husband ... and, equally important, to attend before the said Neros
until judgment. Miriam replied, saying: "Before this I summoned
you not to go near the possessions of my and your late husband [and
according to?] the ... and prescriptions (?) of Judah my husband
you have no claim against the said Judah regarding his estate and
... "
Done in Maoza in the district of Zoora, in the consulship of Laenas
Pontianus and Rufinus seven days before the ides of July. Two copies
were written. It was written by Germanos son of Judah.
On the back, 5 individual signatures of witnesses
All translations taken from Naphtali Lewis, Yigael Yadin and Jonas
C. Greenfield, eds., The Documents from the Bar Kokhba Period in
the Cave of Letters, Greek Papyri (Jerusalem: Israel Exploration
Society, The Hebrew University of Jerusalem, and the Shrine of the
Book, 1989).
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