A Rental Document from 8th/14th Century Egypt

Abstract

Fan?diq (trade hostelries) were institutions of great importance during the Mamluk sultanate (647/ 1249-923/1517). Frequented for the most part by merchants, they were places where people could find lodgings for themselves and their animals, and also store goods.1 Some were administered pri vately by families or amirs who were heavily involved in trade, while others were dedicated specifically to particular trades or national groupings.2 This article provides an edition and translation of a docu ment from 8th/14th century Egypt, currently kept in the Wazirat al-Awqaf (Ministry of Endowments) in Cairo,3 granting permission to rent out a plot of land in the city center, which has previously been endowed as a waqf (charitable trust), and upon which zfunduq is built. A plan is also presented, suggesting the possible arrangement of the property and its surroundings (fig. 1). As modern knowl edge about Mamluk fan?diq is sparse, the document sheds important new light on the subject, giving insight into various features of the property's layout and administration. Before proceeding further it is worth briefly recalling the rules of waqf and rental in Islamic law. When a property is endowed as a waqf, it becomes inalienable, with its income passing to the person, persons or institution specified as the beneficiary or beneficiaries. Although it may not be sold, a waqf property may be rented out, normally for a maximum of three years. Rentals of longer than three years are permitted, but only with the permission of a q?dl, who has to believe that the transaction is economically of benefit, or at least fair, to the waqf.4 The granting of permission is the function of the document presented here. It is worth noting that this is permission for an ij?ra tawila (long-term lease), rather than a hikr (perpetual lease). The structure of the document seems to be standard: it notes the location of the property; the dimensions of each part of the property, along with their limits in relation to the buildings and streets