A Comparison of Arabic and Earlier Egyptian Contract Formularies, Part IV: Quittance Formulas

Abstract

Arabic formulas which use removal as a term of quittance are presented in order of their decreasing frequency of documentary attestation. In part II, support for translating the root b-r-D (Form I), remove from/to be far is briefly discussed.' The normative Arabic quittance uses b-r-D in the Fourth Form. Form IV, abra'a, has been translated quit, receipt. In the Qur'an, where Form IV occurs twice, it unequivocally means heal in each instance (3:43 and 5:110). According to Jeffrey, confusion in the meaning of the term and variation in its pronunciation probably reflect the assimilation of the Arabic root bari'a (to be free, pure, innocent, healthy) to the East Semitic root baraya (to separate, cut).2 Al-Azhari explains that Arabs of the Hijaz pronounced the root b-r-D, bara'a, while other Arabs pronounced the same root bari'a. Al-Azhari and traditionists base their discussion of the two roots on Qur>nic attestations.3 In five of twenty-nine Qur'anic attestions, the meaning of the root b-r-D is create, indicating derivation from the East Semitic root b-r-y (2:51, 57.22 59:25, 98:5, 98:6). Other Qur'anic attestations of the root in the First, Second, and Fifth Forms would seem to be of the West Semitic root b-r-', since in those the root occurs in the context of quittance.4 In each of those instances, the lexical item could be rendered in English by remove from, to be far from, to separate from, to relinquish, or to release, for