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IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

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Debts were not the only intra-Jewish complaint which led Jews to petition the Makhzan.<br />

Jews also complained about intra-Jewish theft, such as the case of Sa‘ādā bint Dāwūd (of<br />

Tangier) who accused her coreligionist Sulayka (from Casablanca) of stealing from her. 174<br />

Muḥammad b. Qāsim, a Makhzan official in Casablanca, investigated the matter and imprisoned<br />

Sulayka in the woman’s prison until she settled with Sa‘ādā, after which he released her. Other<br />

cases concerned property disputes amongst Jews. 175 Some Jews even petitioned the Makhzan<br />

about their marital woes, as in the case of Simḥah bint Makhlūf Tībrūt who complained that her<br />

husband, Yitzḥaq b. ‘Atīya, had disappeared and had not sent her anything with which to support<br />

herself. 176 Simḥah wanted Yitzḥaq to either pay her maintenance (nafaqa) or divorce her. But<br />

when the local Makhzan official confronted Yitzḥaq, the supposedly delinquent husband<br />

“produced a legal proof signed by Jewish notaries and a Jewish judge (adlā bi-ḥujjatin thābitatin<br />

bi-‘udūli al-yahūdi wa-qāḍīhim)” stating that Simḥah had stolen “all his belongings.” Yitzḥaq<br />

“requested her to proceed with him according to [Jewish] law (yaṭlubu minhā al-sulūka ma‘ahu<br />

‘alā sabīli shar‘ihim),” which is how the matter was settled. 177 It seems that Simḥah’s<br />

motivation for writing to the Makhzan was to evade the jurisdiction of the Jewish court which<br />

had already sided with her husband in notarizing a document proving that she had stolen his<br />

174<br />

DAR, Yahūd, Muḥammad b. Qāsim to Muḥammad Tūrīs, Ṣafar 1326. In another case, a Jew from Demnat<br />

accused two other Jews of drilling a hole through his store and robbing him: BH, K 157, p. 27, 6 Ramaḍān 1306.<br />

175<br />

One case concerns a Jewish protégé from “the east” (ahl al-sharq) who opposed selling a store to a Jewish buyer<br />

(BH, K 181, p. 270, 10 Rabī‘ I 1310). In another case, the qā’id of Meknes transmitted the complaint of Ya‘aqov<br />

Oḥānā from Meknes about the behavior of another Jew from Fez who was mishandling a funduq belonging to the<br />

endowment which the sultan gave for poor Jews. This Jew had put a stable and a winepress in the funduq—both of<br />

which presumably interfered with the endowment’s original purpose (DAR, Yahūd, 16936, Ḥammu b. al-Jīlālī to<br />

Mawlāy Ḥasan, 29 Dhū al-Qa‘da 1306). See also DAR, Yahūd, al-Mas‘ūdī to al-Ḥājj Muḥammad, 25 Muḥarram<br />

1314, in which the Jew Salām b. al-Shaykh Ḥāyim b. al-Dayān claimed that the Makhzan gave his sister’s late<br />

husband a piece of property in the millāḥ, but that a number of Jews had illegally built on this property.<br />

176<br />

DAR, Yahūd, al-Ḥājj Muḥammad b. al-Jīlālī to Aḥmad b. Muḥammad b. al-‘Arabī Tūrīs, 13 Rajab 1323.<br />

177<br />

DAR, Yahūd, al-Ḥājj Muḥammad b. Aḥmad (?: last name unreadable) to Aḥmad b. Muḥammad b. al-‘Arabī<br />

Tūrīs, 18 Shawwāl 1323. Al-Ḥājj Muḥammad reported that Yitzḥaq and Simḥah reached a settlement (ṣulḥ) with<br />

the shaykh al-yahūd.<br />

224

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