IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
Makhzan officials also charged Jews with lying outright about their claims. 144 For instance, the leader of the Zāwiyat al-Jāniyya reported that the dhimmī Hārūn al-Tāzī brought a falsified document saying that his deceased cousin owed al-Tāzī fifty riyāls. 145 The sultan ordered the deceased man’s son to pay the alleged debt; when he could not, the governor confiscated his cattle and sent them to the Makhzan as payment. 146 The leader of the zāwiya requested that the matter be taken to a sharī‘a court where, one assumes, the falsified documents would be identified as such and the cattle returned to their owner. 147 In another case, the pasha Ḥamar argued that the Jewish victim must have been lying about the robbery since he was traveling with both goods and animals, but claimed that only his goods were stolen; if the robbery had actually happened, his animals would have been taken as well. 148 It is important to note that Jews were not the only ones accused of lying about theft cases; in at least one entry the Makhzan official claimed that a Muslim lied because the region in which he claimed to have been robbed was extremely remote and impossible to reach. 149 144 For theft cases, see BH, K 171, p. 29, 8 Sha‘bān 1307; BH, K 174, p. 30, 24 Rabī‘ I 1308; BH, K 181, p. 271, 16 Rabī‘ I 1310. In two cases the Makhzan official noted that the Jews had no proof of their claim (BH, K 181, p. 12, 27 Dhū al-Qa‘da 1308; p. 105, 1 Rajab 1309). For debt cases, see BH, K 181, p. 55, 14 Rabī‘ II 1309; p. 340, 23 Rajab 1310; p. 368, 25 Ramaḍān 1310. For murder cases, see BH, K 171, p. 49, 4 Ramaḍān 1307; BH, K 174, p. 30, 23 Rabī‘ I 1308. 145 BH, K 181, p. 255, 14 Ṣafar 1310. 146 The entry specified that the cattle were sent to the qā’id al-mashwar, who was responsible for the mashwar in Fez—that is, the part of the palace in which the viziers of various ministries had their offices. Presumably the qā’id al-mashwar was to give either the cattle or their price in cash to al-Tāzī as payment. 147 For another case of falsified documents, see BH, K 181, p. 326, 27 Jumādā II 1310. Here, the Makhzan official reported that the Jewish creditor had increased the amounts owed to him in his documents—that is, when he was owed 10 he wrote 100, and when he was owed 50 he wrote 500 (similar to the kind of hidden interest which Shalom Assarraf was accused of charging—discussed in Chapter Two). The sultan responded to this accusation cryptically; “it [the amount of the debt] reached whatever it amounted to, and it cannot exceed [the amount] that was attested to [presumably in the original documents] (balaghat mā balaghat lā tajāwiza al-mashhūda ‘alayhi).” 148 BH, K 157, p. 162, 18 Jumādā II 1307. See also BH, K 174, p. 31, 11 Rabī‘ II 1308, in which the official responded that the petition must have been made under false pretences since there was no road which gives access to the place in which the Jews claimed to have been robbed. See also BH, K 174, p. 38, 28 Rabī‘ II, 1308, in which the official noted that the area where the robbery supposedly occurred was safe and that nothing could have happened there. 149 BH, K 157, p. 173, 5 Rajab 1307. 218
The practice of exaggerating the value of stolen goods was widespread enough that it prompted the sultan to pass a law requiring Jews to register their goods with ‘udūl before traveling in the countryside. 150 Yet records from the Ministry of Complaints suggest that this measure was not always effective. In an entry from August 20, 1892, the pasha of Meknes reported on the complaint of the Jew al-Lībī (Levy) and his partner Ibrāhīm Gasūs. 151 Al-Lībī and Gasūs had registered a certain number of goods with ‘udūl before departing, but after they were robbed they claimed an amount much higher than that which they had originally declared. In another case, the Jews simply refused to register their goods with ‘udūl. 152 An accusation made against some Jewish creditors attempting to collect debts was that they were in fact charging interest, which was strictly illegal according to Islamic law. 153 There is little doubt that Jewish (and Muslim) creditors charged hidden interest in ways permissible under Islamic law. European observers and diplomats particularly emphasized the usurious nature of Jewish moneylending in nineteenth-century Morocco, painting a picture in which Jews regularly charged exorbitant rates of interest. 154 These observations were undoubtedly colored by anti-Semitic stereotypes about Jews as usurers prevalent in Europe at the time. However, the Ministry of Complaints registers preserve only three instances in which Jews were accused of 150 On this regulation, see FO, 636/5, Nahon to Hay, 21 December 1885. See also Schroeter, Merchants of Essaouira, 173-74. Mawlāy Ḥasan also instructed the governors of cities to appoint a certain number of ‘udūl to specialize in registering Jews’ goods, depending on the size of the city (for instance, Marrakesh had eight while Tetuan had four). For responses to this order, see DAR, Yahūd, 15600, Aḥmad Amālik to Mawlāy Ḥasan, 18 Ṣafar 1303; 2255, Muḥammad b. al-Ḥasan al-Yūlī to Mawlāy Ḥasan, 1 Rabī‘ I 1303; 2260, Muḥammad b. ‘Abdallāh to Mawlāy Ḥasan, 4 Rabī‘ I 1303; DAR, Tetuan, Muḥammad ‘Azīmān to Mawlāy Ḥasan, 10 Rabī‘ I 1303. 151 BH, K 181, p. 246, 26 Muḥarram 1310. 152 BH, K 181, p. 50, 30 Rabī‘ I 1309. 153 See, for instance, BH, K 171, p. 91, 22 Shawwāl 1307, in which the official noted that of the 300 (the currency is not recorded) owed to the Jewish creditor, only 150 was the original debt (aṣl) and the rest was interest (ribā). 154 Laurent-Charles Féraud, French ambassador from 1884 to 1888, was particularly outspoken about what he saw as the prevalence of usury among Jewish protégés: see, for instance, MAE Courneuve, C.P. Maroc 48, Féraud to Freycinet, 13 June 1885; C.P. Maroc 50, Féraud to Freycinet, 6 January 1886, 16 February 1886, and 22 April 1886; C.P. Maroc 51, Féraud to Freycinet, 15 July 1886; C.P. Maroc 53, Féraud to Flourens, 25 September 1887. Budgett Meakin did not explicitly single out Jews as usurious creditors, focusing instead on European protégés; nonetheless, the only creditor whose religion he identified was Jewish (Meakin, Life in Morocco, 235-37). See Kenbib, Juifs et musulmans, 253-62. 219
- 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 and 224: sometimes the Makhzan officials’
- Page 225 and 226: A more formidable obstacle to settl
- Page 227: The Jewish creditor, however, reque
- 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
- Page 275 and 276: about their own coreligionists. The
- Page 277 and 278: Europeans—a sentiment that at oth
Makhzan officials also charged Jews with lying outright about their claims. 144 For<br />
instance, the leader of the Zāwiyat al-Jāniyya reported that the dhimmī Hārūn al-Tāzī brought a<br />
falsified document saying that his deceased cousin owed al-Tāzī fifty riyāls. 145 The sultan<br />
ordered the deceased man’s son to pay the alleged debt; when he could not, the governor<br />
confiscated his cattle and sent them to the Makhzan as payment. 146 The leader of the zāwiya<br />
requested that the matter be taken to a sharī‘a court where, one assumes, the falsified documents<br />
would be identified as such and the cattle returned to their owner. 147 In another case, the pasha<br />
Ḥamar argued that the Jewish victim must have been lying about the robbery since he was<br />
traveling with both goods and animals, but claimed that only his goods were stolen; if the<br />
robbery had actually happened, his animals would have been taken as well. 148 It is important to<br />
note that Jews were not the only ones accused of lying about theft cases; in at least one entry the<br />
Makhzan official claimed that a Muslim lied because the region in which he claimed to have<br />
been robbed was extremely remote and impossible to reach. 149<br />
144 For theft cases, see BH, K 171, p. 29, 8 Sha‘bān 1307; BH, K 174, p. 30, 24 Rabī‘ I 1308; BH, K 181, p. 271, 16<br />
Rabī‘ I 1310. In two cases the Makhzan official noted that the Jews had no proof of their claim (BH, K 181, p. 12,<br />
27 Dhū al-Qa‘da 1308; p. 105, 1 Rajab 1309). For debt cases, see BH, K 181, p. 55, 14 Rabī‘ II 1309; p. 340, 23<br />
Rajab 1310; p. 368, 25 Ramaḍān 1310. For murder cases, see BH, K 171, p. 49, 4 Ramaḍān 1307; BH, K 174, p.<br />
30, 23 Rabī‘ I 1308.<br />
145 BH, K 181, p. 255, 14 Ṣafar 1310.<br />
146 The entry specified that the cattle were sent to the qā’id al-mashwar, who was responsible for the mashwar in<br />
Fez—that is, the part of the palace in which the viziers of various ministries had their offices. Presumably the qā’id<br />
al-mashwar was to give either the cattle or their price in cash to al-Tāzī as payment.<br />
147 For another case of falsified documents, see BH, K 181, p. 326, 27 Jumādā II 1310. Here, the Makhzan official<br />
reported that the Jewish creditor had increased the amounts owed to him in his documents—that is, when he was<br />
owed 10 he wrote 100, and when he was owed 50 he wrote 500 (similar to the kind of hidden interest which Shalom<br />
Assarraf was accused of charging—discussed in Chapter Two). The sultan responded to this accusation cryptically;<br />
“it [the amount of the debt] reached whatever it amounted to, and it cannot exceed [the amount] that was attested to<br />
[presumably in the original documents] (balaghat mā balaghat lā tajāwiza al-mashhūda ‘alayhi).”<br />
148 BH, K 157, p. 162, 18 Jumādā II 1307. See also BH, K 174, p. 31, 11 Rabī‘ II 1308, in which the official<br />
responded that the petition must have been made under false pretences since there was no road which gives access to<br />
the place in which the Jews claimed to have been robbed. See also BH, K 174, p. 38, 28 Rabī‘ II, 1308, in which the<br />
official noted that the area where the robbery supposedly occurred was safe and that nothing could have happened<br />
there.<br />
149 BH, K 157, p. 173, 5 Rajab 1307.<br />
218