一件未刊布的黑水城出土元代借钱契考释

Textual Research on a Loan Contract of the Yuan Dynasty Unearthed in Khara-Khoto

银川市佑啓堂藏有一件没有年款且出土地不明的借钱契残件。据其他出土文献记载,该契尾部署名的知见人"都丁布"与元代中后期宁肃王亦思干答儿在位期限大致相近,故此契应成文于元代中后期,且出土于额济纳旗黑水城遗址。较之黑水城地区元代契约文书的常见格式,这件契约在归还日期前未书写有关计息方式与数额的约定;同时,契文中还加入了针对债务人逾期不还的违约惩罚,以适用于无息借贷活动。作为使用党项姓氏的西夏遗民,立契人也火可可借后债偿还前债的行为是元代亦集乃路西夏遗民群体出现贫富分化的社会缩影。

There is a loan contract fragment without date and unearthed place collected in Yinchuan Youqi Tang hall. According to the record"witnesses Dudingbu"in other documents unearthed in Khara-Khoto,it can be inferred that the contract should be written in Yiji Nai Road in the middle and late Yuan Dynasty,and unearthed at the site of Khara-Khoto in Ejina. Compared with the common forms of contract documents in the Yuan Dynasty in Khara-Khoto,the contract did not write an agreement on the way and amount of interests accrual before the date of return. Meanwhile,penalties for non-payment by the debtor were added to the contract to apply to interest-free lending activities. As the adherent of the Xixia dynasty with the surname of Dangxiang,the debtor’s behavior of repaying the debt after borrowing is the social epitome of the polarization between the rich and the poor among the Xixia adherents in the Yuan Dynasty.