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 Fifty-One Pledge With Right Of Cultivation Granted by a Woman For Interest-Free Loan (1927)

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

In the case under review, a woman receives a loan from someone of the same ʿashīra. In return she undertakes to pay it back to him on demand. Actually, we have to do here with a case of a pledge, in return for a loan, for an unspecified period. The woman, on her own behalf and that of her minor children who share with her a plot of land, pledges this plot to the lender. The woman instructs the pledgee to sow the plot with crops and derive the sharʿī benefit thereof until the loan is repaid and the plot is returned to its owner. It is stipulated in the contract that the money is given as a interest-free loan. The manifestation of the influence of the sharīʿa can be derived from the fact that the widow seems to have initiated a sharʿī order of succession in the sharīʿa court.

Keywords: ʿashīra; interest-free loan; pledge; right of cultivation; sharīʿa court; sharʿī; woman



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