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petitioner turned down a proposed settlement: one Jewish creditor would not accept livestock as payment for a debt. 128 In another case, two Jewish victims of theft rejected the thieves’ offer to compensate them with ninety-four riyāls for two donkeys; presumably the Jews believed the donkeys were worth more. 129 Corrupt Makhzan officials could also hinder the settlement of Jews’ complaints, although reports of this kind were relatively rare. 130 I found a handful of cases in which officials kept the indemnity they had seized from the murderers or the thieves—such as a murder case in which the Makhzan official reportedly refused to hand over the blood money “out of greed” (ṭama‘an). 131 In another instance, two Jewish creditors accused their local Makhzan official of taking a cut of the debt owed to them by two Muslim debtors. 132 The official’s vehement denial—he swore that he was innocent before ‘udūl, qāḍī, two soldiers, and the two debtors—suggests that such accusations were taken seriously. 128 BH, K 157, p. 125, 27 Rabī‘ II 1307. See also BH, K 174, p. 100, 14 Ramaḍān 1308; p. 299, 1 Jumādā I 1310. In addition to the Ministry of Complaints records, see DAR, Fez, 35356, Idrīs b. Muḥammad to Muḥammad b. al- Madanī Banīs, 8 Dhū al-Qa‘da 1289, in which the Jewish creditor refused to settle (though the details of the case are not included). 129 BH, K 174, p. 90, 28 Sha‘bān 1308 and BH, K 181, loose sheet, 11 Shawwāl 1308 (the second entry seems to repeat what was recorded in the first). For other examples of a Jew refusing settlement, see BH, K 181, p. 219, 9 Dhū al-Ḥijja 1309; p. 279, 6 Rabī‘ II 1310. 130 See, e.g., BH, K 181, p. 231, 30 Dhū al-Ḥijja 1309 (in which the governor incites the debtors not to pay). A similar type of case is recorded in BH, K 181, p. 147, 5 Ramaḍān 1309, and in the follow up on p. 161, 22 Ramaḍān 1309, in which the Makhzan official assigned to settle a debt owed to the Jew Ibn ‘Amūr asked to be relieved from his responsibility; the sultan responded rhetorically, asking why he had appointed this official in the first place if not to make sure that the people under his jurisdiction obeyed the law. 131 BH, K 171, p. 7, 20 Rajab 1307. For theft cases see BH, K 181, p. 164, 27 Ramaḍān 1309 (in which the official failed to hand over the indemnity, though it seems that this was caused by a lack of information about the case); BH, K 181, p. 253, 5 Ṣafar 1310 and p. 275, 28 Rabī‘ I 1310 (in which another Makhzan official wrote to the sultan on behalf of a Jew who lived under his jurisdiction and requested that the sultan order the recalcitrant governor to give the Jewish victims their due). See also DAR, Marrakesh, Muḥammad b. ‘Azūz to Aḥmad b. al-Ṭāhir, 16 Jumādā I 1282, in which the ṣāḥib of the duwār (collection of houses or tents typical of Moroccan tribal regions) where a Jew had been stolen from refused to hand over what he had confiscated from the thief (either the stolen goods or their equivalent in cash—the letter does not specify). In another case from 1905, Mawlāy ‘Abd al-Ḥafīẓ, who was then governor of Marrakesh (and later became sultan), sent a total of eight letters to the qā’id al-Madanī al-Ajlāwī trying to force al-Ajlāwī to settle the theft case of the Jew ‘Azīz Rūzā—suggesting that al-Ajlāwī’s refusal to cooperate posed a serious obstacle to settlement (DAR, Yahūd, ‘Abd al-Ḥafīẓ to al-Madanī al-Ajlāwī, 10 Jumādā II 1323; see also letters of 14 Jumādā II, 10 Rajab, 29 Shawwāl, 23 Ramaḍān, 8 Dhū al-Qa‘da, 15 Dhū al-Qa‘da, and 25 Dhū al- Qa‘da). 132 BH, K 157, p. 146, 27 Jumādā I 1307. 214
A more formidable obstacle to settlement occurred when the criminals or recalcitrant debtors resided in regions which did not submit to the Makhzan’s authority (most notably by refusing to pay any taxes). These regions were were considered guilty of “corruption” (fasād). This was most problematic in settling theft cases, since many Jews were robbed in regions beyond the sultan’s control. 133 In an entry from February 8, 1892, the Jew Shmūyil b. Ṭāṭā complained that he was robbed by the Awlād Bū Ziyān. 134 The Makhzan official responsible for this area said that he attempted to force the tribe to pay an indemnity, but they refused due to their “corruption” (li-fasādihim), meaning disobedience to the sultan. 135 In another instance, the Jewish victim, Ibn al-Fāsī, complained that he was robbed of 130 riyāls by the al-Rusūl tribe. 136 The Makhzan official noted that the tribe was “corrupt” and that he had warned Ibn al-Fāsī not to travel in their region—a warning Ibn al-Fāsī ignored. This case shows that Jews sometimes traveled to insecure places knowing the risks, and yet nonetheless appealed to the Makhzan for redress when they were robbed in these areas. 137 Ultimately, if the perpetrators of a crime lived in a region guilty of corruption, there was little the Makhzan could do to secure an indemnity for the victims. 133 Nonetheless, this also occurred in some debt cases: see, e.g., BH, K 181, p. 252, 4 Ṣafar 1310 and p. 315, 28 Jumādā I 1310. Other entries did not specify that the corruption of the debtors caused them to ignore the Makhzan’s instructions, but nonetheless reported that the debtors absolutely refused to cooperate in reaching a settlement: BH, K 157, p. 140, 17 Jumādā I 1307 and BH, K 181, p. 271, 16 Rabī‘ I 1310. See also DAR, Fez, ‘Abdallāh b. Aḥmad to Mawlāy Ḥasan, 13 Shawwāl 1301. In this case ‘Abdallāh reported about money owed to some unnamed Jews by the Zarāhina (a tribe from Zerhoun). ‘Abdallāh explained that one of the shaykhs of the tribe, who had promised to pay the debt, was two-faced, claiming to obey the Makhzan while inciting his tribe to rebellion. 134 BH, K 181, p. 110, 9 Rajab 1309. 135 For a similar case, see also BH, K 181, p. 368, 24 Ramaḍān 1310. 136 BH, K 157, p. 144, 25 Jumādā I 1307. 137 See also BH, K 181, p. 50, 30 Rabī‘ I 1309, in which Jews ignored the warning to travel only on the main road. 215
Page 1 and 2:
IN THE COURTS OF THE NATIONS: JEWS,
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Abstract This dissertation examines
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Table of Contents Abstract………
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throughout the process was vital to
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and Arielle Rubenstein, Stephanie S
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Introduction This dissertation exam
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on the internal history of the Jewi
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cases they made up close to half of
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study of law in the Islamic world w
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of these institutions remain opaque
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and, for some individuals, appealin
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actors with agency and to understan
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many of those who espouse the neo-l
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In recent years, the neo-lachrymose
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alternative framework to that of au
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including courts—which were of pr
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Recently scholars working on the me
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We are left with two models of Jewi
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Legal pluralism is an approach to u
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orders. I also turn the focus from
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Nonetheless, the tendency of forum
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Legal pluralism does not explain wh
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Jewish communities were no less var
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is perhaps best attested by the fac
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To help remind readers that the thr
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abusive Makhzan officials, infringe
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Chapter One: Between Batei Din and
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went to batei din and sharī‘a co
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school relevant for our purposes is
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Jewish and Islamic legal systems re
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ehind, a large number were undoubte
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atei din generally, it does reflect
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Jews used batei din not only as not
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Jerusalem. 33 The collection consis
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(azraqu al-‘aynayn)—a trait for
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undoubtedly made much of their mone
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preventing members of the community
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‘udūl. 76 These ‘udūl, whose
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Eliyahu b. Ya'aqov Zohra bat Ya‘a
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and Muḥammad would return the mon
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Table 2.1 Types of Entries 2% 2% 2%
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allegation or deposition in a case
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court approximately once a week, ei
Page 87 and 88:
The introduction of the “protecti
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ule; the ‘udūl almost always too
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documents would stand up as evidenc
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Empire. 49 A document in the Assarr
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legal procedure was relatively mino
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een optional as not all bills of de
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Qa‘da 1309 (June 12, 1892), two
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mostly meant extending credit on go
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Other release documents specify tha
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al-faqīh Aḥmad al-Filālī al-Ma
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Lease contracts, on the other hand,
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which was operated by Muslims durin
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Shalom’s knowledge of Islamic law
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elow). Although the majority of law
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weeks after the plaintiff filed the
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gathered twelve men who testified t
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whether the qāḍī accepted al-
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in the Assarraf collection indicate
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(ittifāqīyan) and were testifying
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In another instance of oath avoidan
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Sharī‘a courts provided a crucia
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agreement notarized according to Is
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ability and desire to move among di
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‘udūl. 14 Most real estate trans
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equire or benefit from adjudication
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Simultaneous Use of Jewish and Isla
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evidence from the nineteenth centur
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to sue other Jews in sharī‘a cou
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But what about intra-Jewish lawsuit
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ut for the most part this is a here
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the sum of three duoros per month.
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only in Jewish law. This happened i
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in the millāḥ of Marrakesh on Ap
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aware of Jewish law and sometimes t
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of a rabbi to determine the proper
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‘Aṭṭār, in order to find out
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Muslims’ jurisdictional boundary
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that they had successfully done so.
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the Moroccan legal system more broa
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translated as the territories under
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elatively scant work on the legal h
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law, even if they did not consisten
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abrupt end after his death, as the
Page 173 and 174: put it, “in all medieval Muslim s
Page 175 and 176: about its image in the eyes of fore
Page 177 and 178: an injustice or an act of oppressio
Page 179 and 180: In designing its new army, the Makh
Page 181 and 182: The Ministry itself, although in co
Page 183 and 184: Minister of Complaints, a man about
Page 185 and 186: It is not entirely clear whether th
Page 187 and 188: initial letters. 102 The convention
Page 189 and 190: whether the sultan simply failed to
Page 191 and 192: Chapter Five: Appeals to the Minist
Page 193 and 194: Jews and the Ministry of Complaints
Page 195 and 196: The nature of these sources prevent
Page 197 and 198: Causes for Complaint Most of the ap
Page 199 and 200: products (such as barley). 23 This,
Page 201 and 202: appears numerous times). 29 While t
Page 203 and 204: matter what their religious backgro
Page 205 and 206: when amounts are specified they ten
Page 207 and 208: cases which were ultimately settled
Page 209 and 210: Jews who had been robbed. 62 The su
Page 211 and 212: from July 28, 1892, a group of Jews
Page 213 and 214: nature of sharī‘a courts. 83 In
Page 215 and 216: legal proof of his claim. 91 It is
Page 217 and 218: the Jewish victims were compensated
Page 219 and 220: central government could only do so
Page 221 and 222: and Muslim was responsible for arra
Page 223: sometimes the Makhzan officials’
Page 227 and 228: The Jewish creditor, however, reque
Page 229 and 230: The practice of exaggerating the va
Page 231 and 232: official accused a Jew of falsifyin
Page 233 and 234: esolve disputes with their Jewish d
Page 235 and 236: property. 178 In this case, the Mak
Page 237 and 238: Chapter Six: Collective Appeals to
Page 239 and 240: frequency of Jews’ petitions acro
Page 241 and 242: The concentration of petitions duri
Page 243 and 244: “right”—as in, the rights to
Page 245 and 246: merchants serve as judges on a rota
Page 247 and 248: Makhzan officials at times evoked t
Page 249 and 250: The evidence of Jews’ appeals to
Page 251 and 252: governor). 46 The next winter the J
Page 253 and 254: along with a legal document contain
Page 255 and 256: Following this escalation of violen
Page 257 and 258: The governor of Debdou similarly pr
Page 259 and 260: custom and the sultan’s command.
Page 261 and 262: minister of foreign affairs, receiv
Page 263 and 264: Yet murder cases were not the only
Page 265 and 266: Moroccan legal system. On the one h
Page 267 and 268: In 1884 the Jews of Fez appealed to
Page 269 and 270: Although at first these appeals mig
Page 271 and 272: The Jews of Meknes appealed to the
Page 273 and 274: In other instances, Makhzan officia
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about their own coreligionists. The
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Europeans—a sentiment that at oth
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complain about their muḥtasib, em
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Chapter Seven: Foreign Protection a
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Perhaps most important, however, is
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of consular courts functioned throu
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of Muslims from becoming protégés
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cases between its own nationals or
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of consular courts by specifying th
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an important moment in the history
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were required to notify their consu
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dealt with cases by means other tha
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In other instances, consuls wrote t
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qāḍī” attesting a debt owed t
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The following two chapters examine
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clarify when and why he had taken t
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Even scholars who argue against see
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ecognize their contract since “th
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of the individuals concerned. 31 Pr
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concerning the incident, which they
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speculated that the reluctance of t
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protection) of Yitzḥaq b. Nissim
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cooperate with foreigners’ reques
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Dinar Ohana), an American protégé
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Jews tried to ensure a fortuitous o
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ordered Assayag to stop paying Zagu
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efused. 100 Faced with this dead en
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claimed that Emsellem had no right
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number of foreign subjects and prot
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By subjecting the suit to Moroccan
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sued Mas‘ūd al-Shayẓamī (Meso
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Foreign subjects and protégés wer
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confirmed that this meant the Jews
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AIU’s attention either through pe
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A competing narrative of Moroccan J
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non-Jewish Westerners alike, I argu
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international press. Demnat might s
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attribute the Makhzan’s efforts t
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The events in Demnat were not the o
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finally wrote to Muḥammad Bargās
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wearing Muslim clothing and told hi
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of 1863. Four Jews were accused of
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made an honest mistake, the effect
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etracted his initial testimony clai
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the remaining two subjects. Only af
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organizations, and the foreign pres
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Marseillais, The Times, The Pall Ma
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coreligionists’ position. 112 Avn
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had been following the standard pra
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did not declare that Jews and Musli
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under the jurisdiction of Makhzan o
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tolerance. 142 Such a policy would
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concede to the American ambassador
Page 381 and 382:
Epilogue On March 30, 1912, France
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courts to matters of personal statu
Page 385 and 386:
This sort of continuity in legal pr
Page 387 and 388:
intra-Jewish cases to these courts
Page 389 and 390:
Glossary of Arabic and Hebrew Terms
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Ẓahīr: Royal decree (spelled “
Page 393 and 394:
United States: United States Nation
Page 395 and 396:
———. Kitāb al-istiqṣā li-
Page 397 and 398:
Becker, Jerónimo. España y Marrue
Page 399 and 400:
Chetrit, Joseph. Diglossie, hybrida
Page 401 and 402:
Ennaji, Mohammed. Expansion europé
Page 403 and 404:
Gotzmann, Andreas. “At Home in Ma
Page 405 and 406:
———. Les protégés : contrib
Page 407 and 408:
Marcus, Abraham. The Middle East on
Page 409 and 410:
Perron, M. Précis de jurisprudence
Page 411 and 412:
———. “Forum Shopping Among
Page 413:
Cultural Dimensions, edited by Mich
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