IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
which seems to be the exception that proves the rule. 7 Finally, the type of evidence available for individual and collective petitions differs; while the Ministry of Complaints registers contain only the responses by local Makhzan officials to individual Jews’ petitions, we have the original letters sent by groups of Jews as well as the Makhzan’s responses. The bulk of the evidence about Jewish collective petitions comes from the late nineteenth century, especially Mawlāy Ḥasan’s reign (1873 to 1894), although I discuss incidents from as early as 1828 and as late as 1904. There is little indication that Jews’ appeals to the Makhzan changed significantly over the course of the nineteenth century, despite the fact that these were undeniably years of significant transformation in Morocco. 8 What did change was the organization of the central government (i.e., the creation of the Ministry of Complaints, discussed in Chapter Four) and the availability of a new avenue of appeal—that is, foreign consular officials and international Jewish organizations (such as the Alliance Israélite Universelle); I discuss their role in Jews’ relationship to the state in Chapter Nine. 7 DAR, Fez, 23074, Mawlāy ‘Abd al-Raḥmān to [his son] Muḥammad, 2 Rabī‘ I 1261. This letter refers to a complaint brought by Yitzḥaq b. Makhlūf from Fez, who claimed that the Makhzan official al-Bahlūl forced him to lend al-Bahlūl 800 mithqāls. When Yitzḥaq could not produce the money, al-Bahlūl seized money and jewelry from his partner in Casablanca—which al-Bahlūl subsequently refused to pay back, even though he forced Yitzḥaq to sign a release as if he had paid the debt. The sultan informed his son that he was displeased with al-Bahlūl’s actions, instructed Muḥammad to reprimand al-Bahlūl, and ended the letter with a Quranic verse (22:41: “[Allah will certainly help] those who, were We to bestow authority on them in the land…[will establish prayers, render zakat, enjoin good and forbid evil. The end of all matters rests with Allah.]”). I do not discuss individual petitions concerning abuses of minor officials, such as umanā’ (tax officials), since these are closer in nature to complaints about debts—for instance, that the umanā’ of a particular port did not allow a Jew’s goods to pass through customs. See DAR, Yahūd, 2250, Mawlāy ‘Abd al-‘Azīz to ‘Abdallāh b. Aḥmad, 28 Muḥarram 1303; Ya‘qūb b. Sa‘īd to Muḥammad Tūrīs, 12 Ṣafar 1322; ?? to umanā’ of Casablanca, 3 Muḥarram 1329. 8 Although documents from the Moroccan archives only begin to be plentiful in the early nineteenth century, there is some evidence that these types of collective appeals to the Makhzan were practiced even earlier: see, for instance, Ankawa, Kerem Ḥemer, 7a, Number 39. In this taqqanah from 5361/ 1600, the rabbis of Fez appealed to the sultan to reverse an earlier decree in which he permitted polygamy to Jews under any circumstances (the rabbis wanted to limit the circumstances to particular cases). See also ibid., 13a, Number 77. In this taqanah from 5363/ 1603, the authors cited a decree from the sultan that any legal matter between two Jews should be judged in a beit din. There is little question that this decree was obtained at the request of Jews—probably the same rabbis who wrote the taqqanah. 230
The concentration of petitions during the reign of Mawlāy Ḥasan is in part a consequence of the Moroccan archives’ incomplete nature; it is likely that collective petitions from earlier and later periods existed but were not as well preserved. Mawlāy Ḥasan was known for his energetic efforts at centralization, including more rigorous archival practices, while the three sultans preceding Mawlāy Ḥasan did not keep nearly as stringent records. 9 Yet it is also possible that the number of petitions to the Makhzan increased over time. In this case, the fact that relatively few petitions survive from the reign of Mawlāy Ḥasan’s son and successor, Mawlāy ‘Abd al- ‘Azīz (1894 to 1908), could be explained by the fact that this was a period of notorious political instability which translated into less rigorous record keeping. 10 Finally, Mawlāy Ḥasan had a reputation as being particularly concerned for the well being of his Jewish subjects, which might have made Jews more likely to appeal to the Makhzan during his reign. 11 This chapter begins with an attempt to understand the language used by Makhzan officials and Jews to describe the rights at stake in appeals for justice. I argue that Jews and the state largely shared a language of rights and a framework of expectations concerning what Jews were entitled to. I then discuss which avenues of appeal were open to Jews and how the state responded. This reconstruction is necessary because historians have yet to describe the ways in which the state addressed appeals by its subjects. Finally, I look at specific types of complaints raised by Jews and what these tell us about Jews’ relationship to Islamic legal institutions and to the government which oversaw them. 9 Administrative reforms began under Mawlāy Muḥammad following the war with Spain in 1861. Among them was a reorganization of record-keeping (Pennell, Morocco since 1830, 78-9). However, it was Mawlāy Ḥasan who instituted a major reform in scribal practice, which undoubtedly explains the increase in archival material under his reign (al-Manūnī, Maẓāhir, v. 1, 43-4). 10 On increasing political instability during the reign of Mawlāy ‘Abd al-‘Azīz, see Burke, Prelude to Protectorate, 42-9. Burke takes pains, however, to show that this instability was not due solely to Mawlāy ‘Abd al-‘Azīz’s incompetence—rather, it reflected the increasing threats of European imperialism and internal unrest. 11 Gottreich, The Mellah of Marrakesh, 39-41: see also Bénech, Explication d’un mellah, 27. 231
- 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 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: frequency of Jews’ petitions acro
- 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
- Page 279 and 280: complain about their muḥtasib, em
- Page 281 and 282: Chapter Seven: Foreign Protection a
- Page 283 and 284: Perhaps most important, however, is
- Page 285 and 286: of consular courts functioned throu
- Page 287 and 288: of Muslims from becoming protégés
- Page 289 and 290: cases between its own nationals or
which seems to be the exception that proves the rule. 7 Finally, the type of evidence available for<br />
individual and collective petitions differs; while the Ministry of Complaints registers contain<br />
only the responses by local Makhzan officials to individual Jews’ petitions, we have the original<br />
letters sent by groups of Jews as well as the Makhzan’s responses.<br />
The bulk of the evidence about Jewish collective petitions comes from the late nineteenth<br />
century, especially Mawlāy Ḥasan’s reign (1873 to 1894), although I discuss incidents from as<br />
early as 1828 and as late as 1904. There is little indication that Jews’ appeals to the Makhzan<br />
changed significantly over the course of the nineteenth century, despite the fact that these were<br />
undeniably years of significant transformation in Morocco. 8 What did change was the<br />
organization of the central government (i.e., the creation of the Ministry of Complaints,<br />
discussed in Chapter Four) and the availability of a new avenue of appeal—that is, foreign<br />
consular officials and international Jewish organizations (such as the Alliance Israélite<br />
Universelle); I discuss their role in Jews’ relationship to the state in Chapter Nine.<br />
7<br />
DAR, Fez, 23074, Mawlāy ‘Abd al-Raḥmān to [his son] Muḥammad, 2 Rabī‘ I 1261. This letter refers to a<br />
complaint brought by Yitzḥaq b. Makhlūf from Fez, who claimed that the Makhzan official al-Bahlūl forced him to<br />
lend al-Bahlūl 800 mithqāls. When Yitzḥaq could not produce the money, al-Bahlūl seized money and jewelry from<br />
his partner in Casablanca—which al-Bahlūl subsequently refused to pay back, even though he forced Yitzḥaq to sign<br />
a release as if he had paid the debt. The sultan informed his son that he was displeased with al-Bahlūl’s actions,<br />
instructed Muḥammad to reprimand al-Bahlūl, and ended the letter with a Quranic verse (22:41: “[Allah will<br />
certainly help] those who, were We to bestow authority on them in the land…[will establish prayers, render zakat,<br />
enjoin good and forbid evil. The end of all matters rests with Allah.]”). I do not discuss individual petitions<br />
concerning abuses of minor officials, such as umanā’ (tax officials), since these are closer in nature to complaints<br />
about debts—for instance, that the umanā’ of a particular port did not allow a Jew’s goods to pass through customs.<br />
See DAR, Yahūd, 2250, Mawlāy ‘Abd al-‘Azīz to ‘Abdallāh b. Aḥmad, 28 Muḥarram 1303; Ya‘qūb b. Sa‘īd to<br />
Muḥammad Tūrīs, 12 Ṣafar 1322; ?? to umanā’ of Casablanca, 3 Muḥarram 1329.<br />
8<br />
Although documents from the Moroccan archives only begin to be plentiful in the early nineteenth century, there is<br />
some evidence that these types of collective appeals to the Makhzan were practiced even earlier: see, for instance,<br />
Ankawa, Kerem Ḥemer, 7a, Number 39. In this taqqanah from 5361/ 1600, the rabbis of Fez appealed to the sultan<br />
to reverse an earlier decree in which he permitted polygamy to Jews under any circumstances (the rabbis wanted to<br />
limit the circumstances to particular cases). See also ibid., 13a, Number 77. In this taqanah from 5363/ 1603, the<br />
authors cited a decree from the sultan that any legal matter between two Jews should be judged in a beit din. There<br />
is little question that this decree was obtained at the request of Jews—probably the same rabbis who wrote the<br />
taqqanah.<br />
230