IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

dataspace.princeton.edu
from dataspace.princeton.edu More from this publisher
20.04.2013 Views

petitions which is also used to describe the registers of official correspondence from other ministries. 87 The geographic distribution of petitioners who appeared in the Ministry of Complaints records was quite extensive. Much of the time the location of a particular case was not given and only the local Makhzan official’s name was recorded; at other times, the name of the tribe was mentioned. 88 The few indications of location show that cases came from all over Morocco, and from both urban and rural areas. 89 In the case of Jews’ appeals, it is often difficult to tell where the Jewish petitioners actually lived; since many Jews traveled far from their homes in order to peddle goods, the incidents which led them to appeal to the Makhzan often occurred while they were traveling. 90 The entries in the Ministry of Complaints registers normally gave the location of the crime, not the victim’s home. There were considerable differences between inland and coastal cities, between rural and urban areas, and among different Jewish communities in Morocco—differences which undoubtedly informed the kinds of cases brought to the Ministry of Complaints. Unfortunately, we rarely have enough geographic data to systematically trace the impact of location on how Jews used the Ministry of Complaints. 87 Muḥammad Murtaḍā al-Zabīdī, Tāj al-‘arūs min jawāhir al-qāmūs, 20 vols. (Beirut: Dār al-fikr, 1994), v. 11, 525; Stern, “Petitions from the Mamluk Period,” 263. See also A. de Biberstein Kazimirski, Dictionnaire arabefrançais, 4 vols. (Cairo: Imprimerie V. R. Egyptienne, 1875), v. 4, 933-4. Dozy specifically associates tawqī‘ with notes taken at the audience of a qāḍī (Dozy, Supplément aux dictionnaires arabes, v. 2, 830). A number of other registers preserved in the Makhzan archives are described as makātīb al-tawqī‘, and have nothing to do with the Ministry of Complaints (including BH, K 159, K 165, K 166, K 172, K 175, K 185, K 195, K 204, and K 205). 88 See, for instance, BH, K 181, p. 242, 23 Muḥarram 1310; this entry concerns debts owed to dhimmī Kohen al- Tawīl (“The Tall”) by the Banī Yāzigha (a tribe in the region of Fez). 89 Cases range from Oujda in the northeast (BH, K 174, p. 124, 15 Shawwāl 1308) to Essaouira in the southwest (BH, K 181, p. 236, 13 Muḥarram 1310). Many of the entries concern rural areas, such as a case pertaining to two insolvent debtors under the jurisdiction of the governor of Taza (BH, K 181, p. 253, 8 Ṣafar 1310). 90 Deshen, The Mellah Society, Chapter 3. 174

It is not entirely clear whether the complaints submitted to the Makhzan were heard in person by the sultan in addition to being entered in the registers of the Ministry of Complaints. 91 The historian Ibn Zaydān (d. 1946) wrote that Mawlāy Ḥasan spent two days a week receiving maẓālim petitioners. 92 However, the registers include entries written on all days of the week, which suggests that the ministry functioned even when the sultan was not formally holding an audience to receive petitioners. 93 The sultan also responded to complaints when he went on military expeditions. 94 Sometimes the Minister of Complaints followed him, as is indicated by the colophon of the second register in the series of four which records that it was completed “at the royal encampment in Abū Ja‘ad [Boujad] in the presence of the sultan.” 95 However, it is unlikely that petitioners were always able to follow the sultan on his peregrinations; it is thus probable that the petitions which the sultan addressed while away from large cities were mostly (if not all) presented only in writing. 96 There is clear evidence that at least some petitions were 91 Maẓālim courts in the Mamluk period normally received petitioners in person, though sometimes the petitioners sent their written requests through intermediaries: Nielsen, Secular Justice in an Islamic State, 63. 92 Ibn Zaydān, Al-‘Izz wa-’l-ṣawla, v. 2, 50. (Ibn Zaydān reported in another work that Mawlāy Ḥasan only heard maẓālim on Sundays: idem, Itḥāf a‘lām al-nās, v. 2, 516.) Ibn Zaydān further explained that the sultan would be presented with a list of the complainants and would then summon them forth one by one to investigate (yabḥath) their claims. His minister (presumably the Minister of Complaints) would stand behind him with an identical list of the complainants. 93 The registers are organized in chronological order, noting the date, the day of the week, and whether the session was in the morning or the evening. 94 Ibn Zaydān, Al-‘Izz wa-’l-ṣawla, v. 1, 240. 95 Khutima hādhā al-kunnāshu al-mubāraku bi-mukhayyami al-maḥallati al-sa‘īdati bi-Abī al-Ja‘ad fī wujhati mawlānā: BH, K 174, p. 134, 10 Muḥarram 1308. On Boujad, see Dale F. Eickelman, Knowledge and Power in Morocco: The Education of a Twentieth-Century Notable (Princeton: Princeton University Press, 1985). Similarly, al-Nāṣirī reported that Mawlāy Ḥasan was on an expedition and thus away from Fez between Shawwāl 1306 and some point in early 1307 (al-Nāṣirī only wrote that the sultan entered Tetuan on 8 Muḥarram 1307, spent fifteen days there, then visited Tangier and Larache on his way back to Fez; he remained in Fez until Shawwāl 1307, when he again set out on campaign: al-Nāṣirī, Kitāb al-istiqṣā, v. 8, 213-14 and idem, “Kitāb Elistiqṣā li-akhbāri doual elmāgrib elaqṣā, translated by Eugène Fumey,” Archives Marocaines 9 & 10 (1906-1907): 370-1). The colophon of the first register (BH, K 157) notes that it was completed in Fez on 16 Rajab 1307, so presumably the sultan had returned to Fez by that time. 96 This is supported by Ibn Zaydān’s description of the sultan hearing maẓālim during the ḥaraka, which he described as consisting of reading letters about complaints (Ibn Zaydān, Al-‘Izz wa-’l-ṣawla, v. 1, 240). 175

petitions which is also used to describe the registers of official correspondence from other<br />

ministries. 87<br />

The geographic distribution of petitioners who appeared in the Ministry of Complaints<br />

records was quite extensive. Much of the time the location of a particular case was not given and<br />

only the local Makhzan official’s name was recorded; at other times, the name of the tribe was<br />

mentioned. 88 The few indications of location show that cases came from all over Morocco, and<br />

from both urban and rural areas. 89 In the case of Jews’ appeals, it is often difficult to tell where<br />

the Jewish petitioners actually lived; since many Jews traveled far from their homes in order to<br />

peddle goods, the incidents which led them to appeal to the Makhzan often occurred while they<br />

were traveling. 90 The entries in the Ministry of Complaints registers normally gave the location<br />

of the crime, not the victim’s home. There were considerable differences between inland and<br />

coastal cities, between rural and urban areas, and among different Jewish communities in<br />

Morocco—differences which undoubtedly informed the kinds of cases brought to the Ministry of<br />

Complaints. Unfortunately, we rarely have enough geographic data to systematically trace the<br />

impact of location on how Jews used the Ministry of Complaints.<br />

87 Muḥammad Murtaḍā al-Zabīdī, Tāj al-‘arūs min jawāhir al-qāmūs, 20 vols. (Beirut: Dār al-fikr, 1994), v. 11,<br />

525; Stern, “Petitions from the Mamluk Period,” 263. See also A. de Biberstein Kazimirski, Dictionnaire arabefrançais,<br />

4 vols. (Cairo: Imprimerie V. R. Egyptienne, 1875), v. 4, 933-4. Dozy specifically associates tawqī‘ with<br />

notes taken at the audience of a qāḍī (Dozy, Supplément aux dictionnaires arabes, v. 2, 830). A number of other<br />

registers preserved in the Makhzan archives are described as makātīb al-tawqī‘, and have nothing to do with the<br />

Ministry of Complaints (including BH, K 159, K 165, K 166, K 172, K 175, K 185, K 195, K 204, and K 205).<br />

88 See, for instance, BH, K 181, p. 242, 23 Muḥarram 1310; this entry concerns debts owed to dhimmī Kohen al-<br />

Tawīl (“The Tall”) by the Banī Yāzigha (a tribe in the region of Fez).<br />

89 Cases range from Oujda in the northeast (BH, K 174, p. 124, 15 Shawwāl 1308) to Essaouira in the southwest<br />

(BH, K 181, p. 236, 13 Muḥarram 1310). Many of the entries concern rural areas, such as a case pertaining to two<br />

insolvent debtors under the jurisdiction of the governor of Taza (BH, K 181, p. 253, 8 Ṣafar 1310).<br />

90 Deshen, The Mellah Society, Chapter 3.<br />

174

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!