IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
cases which were ultimately settled by local Makhzan officials were nonetheless considered<br />
important enough for the sultan to send officials to investigate the case in person or, more often<br />
in cases of debt, to make sure the debtors actually paid. 53 For instance, when Ya‘aqov Assarraf<br />
claimed he was owed 300 riyāls by three Muslims, the sultan sent soldiers to ensure compliance<br />
with his command that the debtors pay. 54<br />
Less commonly, the sultan instructed the local Makhzan official to send some or all of<br />
those involved in a case to him to resolve the dispute himself. 55 In some debt cases, sending<br />
debtors to the sultan seemed to be a sort of last resort to force them to pay their outstanding<br />
debts. 56 An entry from January 16, 1893, notes that Ḥam al-Yāzighī was commanded to settle<br />
the debts owed to the dhimmī Sam‘ūn Furiyāṭ [sic: should be Qoriat] from Sefrou. 57 Al-Yāzighī<br />
1309; loose sheet, 9 Jumādā I 1310; p. 313, 27 Jumādā I 1310; p. 314, 27 Jumādā I 1310; p. 340, 23 Rajab 1310; p.<br />
352, 22 Sha‘bān 1310; p. 352, 23 Sha‘bān 1310. See also DAR, Fez, Mawlāy Ḥasan to ‘Abdallāh b. Aḥmad, 20<br />
Muḥarram 1303; DAR, Yahūd, al-Rajrājī al-Dūbālī to Muḥammad b. ‘Alī b. al-Shabānī, 8 Dhū al-Qa‘da 1310.<br />
53<br />
See BH, K 171, p. 61, 17 Ramaḍān 1307; BH, K 181, p. 179, 16 Shawwāl; p. 82, 23 Jumādā I 1309; p. 231, 30<br />
Dhū al-Ḥijja 1309. See also DAR, Fez, 35356, Idrīs b. Muḥammad to Muḥammad b. al-Madanī Banīs, 8 Dhū al-<br />
Qa‘da 1289: in this case the author of the letter was sent to settle a debt owed to a Jewish creditor.<br />
54<br />
BH, K 181, p. 351, 18 Sha‘bān 1310. The Makhzan official charged with settling the case said that one of the<br />
debtors had driven away the Makhzan soldiers (al-makhāzinīya), and “requests permission to attack them and to<br />
confiscate their possessions” (ṭāliban al-idhna fī al-ḥarakati lahu wa-’l-akli li-matā‘ihi).<br />
55<br />
For murder cases, see: BH, K 171, p. 9, 23 Rajab 1307; BH, K 181, p. 102, 28 Jumādā II 1309; p. 186, 27<br />
Shawwāl 1309. For theft cases, see: BH 157 p131, 9 Jumādā I 1307; p. 171, 1 Rajab 1307; BH, K 171, p. 107, 11<br />
Dhū al-Qa‘da 1307. For debt cases, see BH, K 157, p. 171, 1 Rajab 1307; BH, K 181, p. 91, 11 Jumādā II 1309; p.<br />
187, 27 Shawwāl 1309. See also DAR, Fez, Mawlāy Ḥasan to Sa‘īd b. Farajī, 6 Jumādā I 1298, in which the sultan<br />
ordered Sa‘īd either to settle the debts of the Jewish creditor Moshe ‘Amūr himself, or to send the debtors to settle<br />
with Moshe in the sultan’s presence. The Ottoman sultan similarly ordered that some cases be sent to him to resolve<br />
(Ginio, “Coping with the State’s Agents”).<br />
56<br />
BH, K 171, p. 51, 8 Ramaḍān 1307; BH, K 174, p. i, 27 Jumādā II 1308; BH, K 181, p. 83, 25 Jumādā II 1309; p.<br />
131, 13 Sha‘bān 1309; p. 255, 13 Ṣafar 1310; p. 270, 12 Rabi‘ I 1310. I found two cases in which the Makhzan<br />
official was given the choice of sending the debtors to the sultan or settling the debt in some other way: BH, K 181,<br />
p. 119, 21 Rajab 1309; p. 219, 9 Dhū al-Ḥijja 1309. In the second case, the sultan specified that the Makhzan<br />
official should either settle the case himself or send it to the sultan so that it could be settled by a sharī‘a court; this<br />
formulation is rather unusual, since most cases that were settled in a sharī‘a court went to the local qāḍī, rather than<br />
first being sent to the sultan. See also DAR, Fez, Mawlāy Ḥasan to ‘Abdallāh b. Aḥmad, 13 Shawwāl 1296, in<br />
which the sultan reprimanded ‘Abdallāh b. Aḥmad, writing that he had ordered ‘Abdallāh to settle a Jewish<br />
creditor’s debts numerous times; he concluded by saying that either ‘Abdallāh should finally settle the debts or send<br />
the debtors to him. For similar instructions from the sultan, see DAR, Fez, Mawlāy Ḥasan to Sa‘īd b. al-Farajī, 9<br />
Muḥarram 1301; 730, Mawlāy Ḥasan to ‘Abdallāh b. Aḥmad, 26 Rajab 1301; 6037, Mawlāy Ḥasan to ‘Abdallāh b.<br />
Aḥmad, 29 Rajab 1301.<br />
57<br />
BH, K 181, p. 326, 27 Jumādā II 1310. Furiyāṭ might be a misspelling of Quriyāṭ, since Qoriat was a prominent<br />
Jewish family in nineteenth-century Morocco (and the difference between fā and qāf is only a matter of writing the<br />
197