IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
Zarārī had). In the case of debtors who passed away, Ya‘aqov was probably unable to confirm whether his debtors were alive without the Makhzan’s help; once he knew they had died, he could pursue their heirs for the outstanding debts. In a rather extreme case, the Makhzan official reported that one of Ya‘aqov’s debtors, one Shaykh al-Ḥilāqī Ibn al-Balāḥ, not only refused to pay, but was harboring other recalcitrant debtors and had driven away the Makhzan’s soldiers who were sent to collect payment. 8 The Makhzan official requested permission to attack the shaykh and to confiscate his goods, presumably in the hopes of recovering the money owed to Ya‘aqov. 9 It is hard to imagine that Ya‘aqov would have been able to convince this shaykh to pay him without the Makhzan’s intervention; while Ya‘aqov may have been a successful businessman and well-versed in the workings of the sharī‘a court, he did not have soldiers and the use of force at his beck and call. 10 Ya‘aqov Assarraf’s appeals to the Makhzan and Makhzan officials’ resulting efforts to help him collect his unpaid debts demonstrate an important way in which Moroccan Jews—and Moroccans more generally—engaged the central government in their attempts to resolve legal disputes. This section looks at the Makhzan as a legal actor, especially in its role in responding to petitions by Jews regarding their unresolved legal affairs. Historians have yet to address the ways in which Moroccan Jews petitioned the government for redress when they felt that their rights had been violated. 11 Yet before delving into the nature of these petitions and the Makhzan’s response, the present chapter explains the role of the Makhzan in the functioning of 8 BH, K 181, p. 351, 18 Sha‘bān 1310: yarṣulu ba‘ḍa al-ghuramā’i wa-yunazziluhum ma‘ahu wa-ṭarada almakhāzanīya al-ladhīna wajjahahum ilayhi. 9 Ṭāliban al-idhna bi-’l-ḥarakati lahu wa-’l-akli li-mutā‘ihi [sic]. 10 For the remaining correspondence about Ya‘aqov’s complaints, see BH, K 181, p. 108, 5 Rajab 1309; p. 133, 16 Sha‘bān 1309; p. 150, 9 Ramaḍān 1309; p. 200, 15 Dhū al-Qa‘da 1309; p. 304, 9 Jumādā I 1310; loose sheet, 10 Jumādā I 1310; and p. 352, 23 Sha‘bān 1310. 11 Although Bensoussan does not discuss Jews’ petitions to the government in Morocco in particular, he does briefly address Jews’ petitions elsewhere in the nineteenth-century Arab world. However, he dismisses Jews’ appeals as falling on deaf ears (Bensoussan, Juifs en pays arabes, 35). 152
the Moroccan legal system more broadly. Such a seemingly basic task is necessary given how little we know about Morocco’s legal history. Understanding how Jews engaged the state to help them address legal matters requires some comprehension of the Makhzan’s legal obligations and capacity. The Makhzan generally played two kinds of roles in the Moroccan legal system. Locally, Makhzan officials held tribunals whose jurisdictions to some extent overlapped with those of qāḍīs. At the level of the central government, the sultan (and the Makhzan more broadly) acted as a court of appeals. Moroccan subjects, including Jews, could petition the state when they felt that justice had been denied them at the local level in any kind of tribunal—including sharī‘a courts, batei din, and Makhzan courts. In this section, I examine how Jews (and to a lesser extent Muslims) appealed to the Makhzan for judicial redress. While it would be fascinating to look at the functioning of local Makhzan courts, there are very few sources that record the activities of these institutions. 12 Evidence about the Makhzan as a forum for appeal, however, is relatively abundant. Understanding the legal responsibilities of Makhzan officials enables us to contextualize how the central government addressed petitions in general, and the origins and functioning of the Ministry of Complaints in particular. Makhzan Courts and Sharī‘a Courts The existence of extra-sharī‘a tribunals presided over by administrative officials was a feature of many Muslim governments. Although qāḍīs’ jurisdiction theoretically extended to all areas of life, much like the sharī‘a itself, the difficulty of prosecuting criminal cases under 12 Moroccan Makhzan courts did not keep written records of their proceedings. Moreover, unlike sharī‘a courts— which issued written legal documents to the individuals involved in a case—Makhzan courts did not seem to produce any sort of written record. 153
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Zarārī had). In the case of debtors who passed away, Ya‘aqov was probably unable to confirm<br />
whether his debtors were alive without the Makhzan’s help; once he knew they had died, he<br />
could pursue their heirs for the outstanding debts. In a rather extreme case, the Makhzan official<br />
reported that one of Ya‘aqov’s debtors, one Shaykh al-Ḥilāqī Ibn al-Balāḥ, not only refused to<br />
pay, but was harboring other recalcitrant debtors and had driven away the Makhzan’s soldiers<br />
who were sent to collect payment. 8 The Makhzan official requested permission to attack the<br />
shaykh and to confiscate his goods, presumably in the hopes of recovering the money owed to<br />
Ya‘aqov. 9 It is hard to imagine that Ya‘aqov would have been able to convince this shaykh to<br />
pay him without the Makhzan’s intervention; while Ya‘aqov may have been a successful<br />
businessman and well-versed in the workings of the sharī‘a court, he did not have soldiers and<br />
the use of force at his beck and call. 10<br />
Ya‘aqov Assarraf’s appeals to the Makhzan and Makhzan officials’ resulting efforts to<br />
help him collect his unpaid debts demonstrate an important way in which Moroccan Jews—and<br />
Moroccans more generally—engaged the central government in their attempts to resolve legal<br />
disputes. This section looks at the Makhzan as a legal actor, especially in its role in responding<br />
to petitions by Jews regarding their unresolved legal affairs. Historians have yet to address the<br />
ways in which Moroccan Jews petitioned the government for redress when they felt that their<br />
rights had been violated. 11 Yet before delving into the nature of these petitions and the<br />
Makhzan’s response, the present chapter explains the role of the Makhzan in the functioning of<br />
8<br />
BH, K 181, p. 351, 18 Sha‘bān 1310: yarṣulu ba‘ḍa al-ghuramā’i wa-yunazziluhum ma‘ahu wa-ṭarada almakhāzanīya<br />
al-ladhīna wajjahahum ilayhi.<br />
9<br />
Ṭāliban al-idhna bi-’l-ḥarakati lahu wa-’l-akli li-mutā‘ihi [sic].<br />
10<br />
For the remaining correspondence about Ya‘aqov’s complaints, see BH, K 181, p. 108, 5 Rajab 1309; p. 133, 16<br />
Sha‘bān 1309; p. 150, 9 Ramaḍān 1309; p. 200, 15 Dhū al-Qa‘da 1309; p. 304, 9 Jumādā I 1310; loose sheet, 10<br />
Jumādā I 1310; and p. 352, 23 Sha‘bān 1310.<br />
11<br />
Although Bensoussan does not discuss Jews’ petitions to the government in Morocco in particular, he does briefly<br />
address Jews’ petitions elsewhere in the nineteenth-century Arab world. However, he dismisses Jews’ appeals as<br />
falling on deaf ears (Bensoussan, Juifs en pays arabes, 35).<br />
152