Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Document Thirty-Seven Sale “Free From Pledge, Attachment, Pre-Emption Or Lease” (1945)

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This document is a contract relating to an absolute sale of land with no option of rescission concluded by the parties affiliated to the ?Arab al-Sawah?ira. The land in question seems to have been transmitted to the sellers by means of a shar?i succession order. The sellers are required to transfer the land at the Land Registry or give the purchaser a power of attorney certified by a notary public to deliver the land to the purchaser free of any sale, pledge, attachment, preemption, lease, priority right or third-party right. The contract is concluded by offer (ījāb) and acceptance (qabūl), by transferring possession (taslīm) and taking possession (tasallum), the sale being absolute (bātt) and irrevocable (lā rujūʿ fīhi). There is enough evidence in the document to suggest that the Bedouin expect the Mejelle to be applied in the civil court, rather than in the sharīʿa court.

Keywords: attachment; lease; Mejelle; pledge; preemption; sale; sharīʿa court; tasallum; taslīm



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Legal Documents from the Judean Desert — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation