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Questioning Jews’ Claims<br />

In addition to the obstacles which could delay or prevent the settlement of Jews’<br />

petitions, Makhzan officials sometimes refused to accept Jews’ claims at face value. Local<br />

officials accused Jews of deceiving the Makhzan for their own personal gain. Significantly,<br />

Makhzan officials’ questioning of Jews’ claims rarely stemmed from anti-Jewish sentiment.<br />

Rather, the weakness of the central government, and the resulting difficulties in determining the<br />

truth of legal claims, was a more important factor in Makhzan officials’ skepticism.<br />

Some local Makhzan officials wrote back to the Minister of Complaints explaining that a<br />

Jew’s claim had already been settled, implying that the Jewish petitioner was trying to deceive<br />

the Makhzan in order to collect twice. 138 The official might even mention that the perpetrators<br />

had been formally released from their obligations to the victims, or that the creditor had released<br />

his debtors from their debt. 139 It is possible that in some cases which were reported already<br />

settled, the Jewish petitioner’s complaint had only been processed after he had received payment<br />

and thus that the local Makhzan official was merely updating the central government. Yet in<br />

other instances, the Makhzan officials explicitly accused Jews of bad faith, such as a case in<br />

which a local official claimed that the debtor had already paid and been released from his debt. 140<br />

138 For debts, see: BH, K 181, p. 92, 12 Jumādā II 1309; p. 107, 4 Rajab 1309; p. 111, 10 Rajab 1309; p. 226, 24<br />

Dhū al-Ḥijja 1309; p. 264, 29 Ṣafar 1310; p. 297, 30 Rabī‘ II 1310. In some instances the Jewish creditor denied<br />

having received payment: BH, K 157, p. 169, 28 Jumādā II 1307 and BH, K 181, p. 137, 21 Sha‘bān 1309. For<br />

theft, see BH, K 157, p. 144, 25 Jumādā I 1307; BH, K 171, p. 65, 21 Ramaḍān 1307; BH, K 181, p. 55, 14 Rabī‘ II<br />

1309; p. 69, 6 Jumādā I 1309. See also DAR, Yahūd, 14467, Mawlāy Ḥasan to Ghalāl b. Muḥammad, 13 Jumādā I<br />

1297, in which Ghalāl claimed that he had already settled the case concerning the theft of six loads of goods<br />

belonging to Jewish merchants in Essaouira; Mawlāy Ḥasan, however, ordered him take what the dhimmī was due<br />

(his ḥaqq) from the perpetrators, suggesting that he did not believe the claim that the case was already settled.<br />

139 For theft, see BH, K 157, p. 84, 19 Muḥarram 1307; BH, K 171, p. 54, 11 Ramaḍān 1307; BH, K 181, p. 209, 24<br />

Dhū al-Qa‘da 1309. For debts, see BH, K 157, p. 149, 29 Jumādā I 1307; BH, K 181, p. 191, 2 Dhū al-Qa‘da 1309;<br />

p. 196, 9 Dhū al-Qa‘da 1309; p. 222, 15 Dhū al-Ḥijja 1309. In other cases, it was simply stated that the debtor had a<br />

“legal document” (rasm) attesting to payment of the debt; undoubtedly this was either a release or the equivalent.<br />

See BH, K 171, p. 6, 20 Rajab 1307; p. 117, 3 Dhū al-Ḥijja 1307.<br />

140 BH, K 171, p. 2, 18 Rajab 1307.<br />

216

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