IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
Complaints registers suggest that they were active moneylenders with numerous debtors and that they were sufficiently well-connected to have their complaints heeded by the Makhzan. It thus seems safe to assume that both Ibn al-Baḥars, like the Assarrafs, were wealthy and relatively powerful. However, the repeated petitions of the Ibn al-Baḥars and the Assarrafs do not mean that all or even most of the Jewish creditors who appear in the Ministry of Complaints records were rich. Rather, the fact that only a few names appear repeatedly suggests that these families were exceptional—probably because they were exceptionally wealthy. In fact, the paucity of names which are frequently repeated in the registers suggests that most of the Jewish creditors who appealed to the Makhzan were not extremely wealthy. Additionally, we know from other sources that wealthy Jews had other means by which to ensure the payment of their debts. For instance, a creditor with sufficient resources could make a loan to a qā’id in exchange for the qā’id’s agreement that he would force any recalcitrant debtors to pay. 28 It seems safe to conclude that few of the Jewish creditors who appear in the Ministry of Complaints records were members of the wealthiest class. Similarly, although the Ibn al-Baḥars boasted foreign protection, most of the Jews who appear in the Ministry of Complaints registers were not protégés. Firstly, the Makhzan kept a separate register solely devoted to the complaints of protégés (where Mas‘ūd Ibn al-Baḥar 168, 5 Shawwāl 1309; p. 226, 24 Dhū al-Ḥijja 1309; p. 271, 16 Rabī‘ I 1310; p. 304, 9 Jumādā I 1310; loose sheet, 10 Jumādā I, 1310; loose sheet, 30 Ramaḍān 1310. Some of the entries that mention Ibn al-Baḥar refer to the same cases: see, BH, K 174, p. 80, 3 Sha‘bān 1308; BH, K 181, p. 34, 4 Ṣafar 1309; p. 65, 2 Jumādā I 1309. In these entries Mawlāy Ismā‘īl reported concerning the debts owed to Ibn al-Baḥar by Ibn al-Zīzūn. See also BH, K 181, p. 166, 1 Shawwāl 1309; p. 226, 21 Dhū al-Ḥijja 1309; p. 264, 29 Ṣafar 1310; p. 272, 19 Rabī‘ I 1310; p. 297, 30 Rabī‘ II 1310; p. 347, 11 Sha‘bān 1310 (for a case dealt with over time by al-Ḥibāsī); BH, K 181, p. 174, 11 Shawwāl 1309; p. 262, 25 Ṣafar 1310 (for a case dealt with by al-Hilālī) and BH, K 181, p. 265, 29 Ṣafar 1310; p. 297, 30 Rabī‘ II 1310; p. 340, 23 Rajab 1310 (for a case dealt with by al-Zarārī). See also DAR, Yahūd, 20411, Mawlāy Ḥasan to Qaid Ḥammu b. al-Jīlālī, 29 Dhū al-Hijja 1310. 28 Bénech, Explication d’un mellah, 37-38. 190
appears numerous times). 29 While the Ministry of Complaints registers do not specify that they were reserved for Moroccan subjects, the existence of a separate register for foreign subjects and protégés suggests that the Ministry of Complaints was intended to serve those Moroccans without protection. Secondly, the fact that Jews were explicitly identified as protégés in only a few instances suggests that this was relatively rare in the cases with which the Ministry of Complaints dealt. 30 After unpaid debts, theft was the second most common matter about which Jews wrote to the Ministry of Complaints. Jews who were victims of theft tended to petition the Makhzan only when they did not receive proper compensation through the normal channels. Compensation usually meant some sort of indemnity (in cash) or the return of the stolen goods. Under normal circumstances, the local Makhzan official was responsible for making sure that victims of theft were properly compensated. It was only when individuals felt that justice had not been done at the local level that they appealed to the central government. The fact that punishment beyond financial compensation was not usually requested by either the Jewish victims or the Makhzan is somewhat at odds with the way theft is understood in Islamic law. According to Islamic law, theft cases can fall under the category of ḥudūd (singular ḥadd), that is, crimes for which a mandatory punishment is outlined in the Quran or the Sunna. 31 The Quran prescribes cutting off of the right hand of a theif. However, as Rudolph Peters observes, “The jurists define the ḥadd crime of theft very narrowly.” 32 Most cases of theft did 29 BH, K 551 (see the introduction to the register on p. 4). For mentions of Mas‘ūd Ibn al-Baḥar in this register, see: p. 41, 19 Jumādā I 1307; p. 74, 15 Ramaḍān 1307; p. 79, 25 Ramaḍān 1307; p. 83, 4 Shawwāl 1307; p. 85, 11 Shawwāl 1307; p. 90, 10 Dhū al-Qa‘da 1307; p. 93, 28 Dhū al-Qa‘da 1307. 30 BH, K 171, p. 131, 2 Muḥarram, 1308; K 181, p. 201, 16 Dhū al-Qa‘da 1309; p. 315, 29 Jumādā I 1310. 31 On ḥadd crimes generally, see Peters, Crime and Punishment in Islamic Law, 53-65. On sariqa (theft) as a ḥadd crime, see Schacht, An Introduction to Islamic Law, 179-80: Peters, Crime and Punishment in Islamic Law, 55-57. 32 Ibid., 56. Peters further notes that “A salient feature of the law of ḥadd crimes is that the doctrine has made it very difficult to obtain a conviction,” (54). Among the requirements for considering theft a ḥadd crime are: the theft 191
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Complaints registers suggest that they were active moneylenders with numerous debtors and that<br />
they were sufficiently well-connected to have their complaints heeded by the Makhzan. It thus<br />
seems safe to assume that both Ibn al-Baḥars, like the Assarrafs, were wealthy and relatively<br />
powerful.<br />
However, the repeated petitions of the Ibn al-Baḥars and the Assarrafs do not mean that<br />
all or even most of the Jewish creditors who appear in the Ministry of Complaints records were<br />
rich. Rather, the fact that only a few names appear repeatedly suggests that these families were<br />
exceptional—probably because they were exceptionally wealthy. In fact, the paucity of names<br />
which are frequently repeated in the registers suggests that most of the Jewish creditors who<br />
appealed to the Makhzan were not extremely wealthy. Additionally, we know from other<br />
sources that wealthy Jews had other means by which to ensure the payment of their debts. For<br />
instance, a creditor with sufficient resources could make a loan to a qā’id in exchange for the<br />
qā’id’s agreement that he would force any recalcitrant debtors to pay. 28 It seems safe to<br />
conclude that few of the Jewish creditors who appear in the Ministry of Complaints records were<br />
members of the wealthiest class.<br />
Similarly, although the Ibn al-Baḥars boasted foreign protection, most of the Jews who<br />
appear in the Ministry of Complaints registers were not protégés. Firstly, the Makhzan kept a<br />
separate register solely devoted to the complaints of protégés (where Mas‘ūd Ibn al-Baḥar<br />
168, 5 Shawwāl 1309; p. 226, 24 Dhū al-Ḥijja 1309; p. 271, 16 Rabī‘ I 1310; p. 304, 9 Jumādā I 1310; loose sheet,<br />
10 Jumādā I, 1310; loose sheet, 30 Ramaḍān 1310. Some of the entries that mention Ibn al-Baḥar refer to the same<br />
cases: see, BH, K 174, p. 80, 3 Sha‘bān 1308; BH, K 181, p. 34, 4 Ṣafar 1309; p. 65, 2 Jumādā I 1309. In these<br />
entries Mawlāy Ismā‘īl reported concerning the debts owed to Ibn al-Baḥar by Ibn al-Zīzūn. See also BH, K 181, p.<br />
166, 1 Shawwāl 1309; p. 226, 21 Dhū al-Ḥijja 1309; p. 264, 29 Ṣafar 1310; p. 272, 19 Rabī‘ I 1310; p. 297, 30 Rabī‘<br />
II 1310; p. 347, 11 Sha‘bān 1310 (for a case dealt with over time by al-Ḥibāsī); BH, K 181, p. 174, 11 Shawwāl<br />
1309; p. 262, 25 Ṣafar 1310 (for a case dealt with by al-Hilālī) and BH, K 181, p. 265, 29 Ṣafar 1310; p. 297, 30<br />
Rabī‘ II 1310; p. 340, 23 Rajab 1310 (for a case dealt with by al-Zarārī). See also DAR, Yahūd, 20411, Mawlāy<br />
Ḥasan to Qaid Ḥammu b. al-Jīlālī, 29 Dhū al-Hijja 1310.<br />
28 Bénech, Explication d’un mellah, 37-38.<br />
190