IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
similar to the individual petitions discussed in the previous chapter, there are a number of elements which distinguish them. The Makhzan official’s actions (or lack thereof) in a particular case had to threaten the entire Jewish community of a city in order to merit collective action. Most of these cases concern violent crimes like murder, indicating that the Jewish petitioners believed that their resolution would have implications for the treatment of Jews more generally. 82 Cases about which individuals petitioned, on the other hand, mostly concerned civil matters like the non-payment of debts—problems which were troublesome for individual Jews but rarely threatened the entire Jewish community. Nonetheless, the murder cases about which Jews petitioned the Makhzan collectively did not differ drastically from those found in the Ministry of Complaints registers. In these cases, the victims’ coreligionists appealed to the central government, usually after attempting to resolve the case through their local Makhzan official. The insecurity of rural areas meant that it was fairly common for Jews traveling in the countryside on business to be attacked and even murdered (as discussed in Chapter Five). A number of collective petitions concerned the murder of Jews far from urban centers. 83 For instance, in the summer of 1880, Muḥammad Bargāsh, the influential Jews took it upon themselves to write on their coreligionists behalf without any official position designating them as communal authority figures. 82 I have found only one case which concerned civil litigation, yet even in this case it is clear that the entire Jewish community was threatened. In 1909 the Jews of Fez wrote to al-Madīnī al-Mazwārī concerning their impoverishment over the last seven years, which was caused in part by their inability to collect the money owed to them by their debtors. Even the richest Jew among them was unable to collect the money he was owed, which prevented him from paying the taxes owed by the community. The Jews suggested that legal proceedings were necessary—implying that their local officials were not enabling them to pursue these debts in court: DAR, Yahūd, Jews of Fez to al-Madīnī al-Mazwārī, 12 Shawwāl 1327. See also Michael Hickok’s observation that Ottoman officials made a similar distinction between homicide cases in Ottoman Bosnia which threatened public safety and those that did not. Ottoman state officials described those cases which threatened public security as “brigandage” so that the governor would have jurisdiction over them: Hickok, “Homicide in Ottoman Bosnia.” 83 DAR, Fez, 5987, Mawlāy Ḥasan to Sa‘īd b. Farajī, 1 Rabī‘ II 1299 (in which the Jews of Fez complained about the lack of security on the roads leading from the Bāb al-Ḥadīd and the Bāb Sīdī Bū Nāfi‘—which had led to a number of robberies and murders of Jews; the sultan commanded the governor of Fez to station guards along these roads to prevent the crimes); BH, K 171, p. 30, 8 Sha‘bān 1307 (in which the Jews of Meknes complained that the governor of a tribe murdered one of their coreligionists while on his way back home after five months spent selling goods in Zemmour; the sultan ordered that the governor be reprimanded and that he return the money he took from 250
minister of foreign affairs, received a complaint from the Jews of Marrakesh. 84 The petitioners reported that two of their coreligionists were murdered while collecting debts in the Sunday market of Akantarn. 85 The murderers also made away with the victims’ money and the legal documents in their possession attesting debts they were owed. The Jews had appealed to their pasha, Aḥmad Amālik, over the course of seven months, but all he had done was to arrest five suspects in the murder and then release three of them. The victims’ relatives had not received an indemnity, nor had any of the stolen goods been returned. Bargāsh asked the sultan to send two or three of his representatives to Amālik to force him to investigate the case and settle with the Jewish victims. In early 1885, the Jews of Safi wrote to Muḥammad b. al-Mukhtarī, one of the sultan’s viziers, about the murder of Am‘amar b. Yaḥyā, a Jew who had been selling merchandise in the country market of the Awlād ‘Imrān. 86 Am‘amar left the market with four Muslims who then killed him and stole the goods in his possession. The Jews initially wrote to their qā’id al-Ḥājj al-Jilālī about the lack of action on the part of Sīdī al-Ṭayyib, qā’id of the region where the murder took place (and the official responsible for prosecuting the murderers). Al-Jilālī had to write to al-Ṭayyib twice; only after the second time did al-Ṭayyib respond that the murderers were absent (and thus that he was unable to punish them). However, the Jews claimed the victim); BH, K 181, p. 36, 11 Ṣafar 1309 (in which the Jews of Fez complained about the case of two Jews who were murdered in the region of (the qā’id?) al-Ḥibāsī); BH, K 181, p. 137, 21 Sha‘bān 1309 (in this case the Jews of Meknes complained that their coreligionist was murdered in the Duwār al-Tafāwatiyya; al-Ḥibāsī, the Makhzan official responsible for this region, arrested a group of suspects, and although they denied the murder, he imprisoned them all—except for one who escaped and another who claimed to be a French protégé). 84 DAR, Yahūd, 24355, Muḥammad Bargāsh to Mawlāy Ḥasan, 15 Ramaḍān 1297. Mawlāy Ḥasan had recently appointed Bargāsh as the official intermediary for the complaints of Jews about mistreatment by Makhzan officials, although not all subsequent complaints went directly to Bargāsh. In this case, the Jews went to the Italian consul first, but he responded that the matter was under Bargāsh’s jurisdiction. 85 Bargāsh noted that Akantarn (possibly Akantarf) is between Tansaghart and Ayt ‘Alī, that is, to the south of Marrakesh near Asni. 86 DAR, Safi, 5020, Jews of Safi to Muḥammad b. al-Mukhtarī, 12 Rabī‘ II 1302. See also DAR, Safi, 31539, 3 Jews of Safi to Muḥammad b. al-Mukhtarī, Sha‘bān 1302: this is the same letter as the one from 12 Rabī‘ II, indicating perhaps that the initial letter did not reach al-Mukhtarī. 251
- Page 209 and 210: Jews who had been robbed. 62 The su
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similar to the individual petitions discussed in the previous chapter, there are a number of<br />
elements which distinguish them. The Makhzan official’s actions (or lack thereof) in a particular<br />
case had to threaten the entire Jewish community of a city in order to merit collective action.<br />
Most of these cases concern violent crimes like murder, indicating that the Jewish petitioners<br />
believed that their resolution would have implications for the treatment of Jews more generally. 82<br />
Cases about which individuals petitioned, on the other hand, mostly concerned civil matters like<br />
the non-payment of debts—problems which were troublesome for individual Jews but rarely<br />
threatened the entire Jewish community.<br />
Nonetheless, the murder cases about which Jews petitioned the Makhzan collectively did<br />
not differ drastically from those found in the Ministry of Complaints registers. In these cases,<br />
the victims’ coreligionists appealed to the central government, usually after attempting to resolve<br />
the case through their local Makhzan official. The insecurity of rural areas meant that it was<br />
fairly common for Jews traveling in the countryside on business to be attacked and even<br />
murdered (as discussed in Chapter Five). A number of collective petitions concerned the murder<br />
of Jews far from urban centers. 83 For instance, in the summer of 1880, Muḥammad Bargāsh, the<br />
influential Jews took it upon themselves to write on their coreligionists behalf without any official position<br />
designating them as communal authority figures.<br />
82<br />
I have found only one case which concerned civil litigation, yet even in this case it is clear that the entire Jewish<br />
community was threatened. In 1909 the Jews of Fez wrote to al-Madīnī al-Mazwārī concerning their<br />
impoverishment over the last seven years, which was caused in part by their inability to collect the money owed to<br />
them by their debtors. Even the richest Jew among them was unable to collect the money he was owed, which<br />
prevented him from paying the taxes owed by the community. The Jews suggested that legal proceedings were<br />
necessary—implying that their local officials were not enabling them to pursue these debts in court: DAR, Yahūd,<br />
Jews of Fez to al-Madīnī al-Mazwārī, 12 Shawwāl 1327. See also Michael Hickok’s observation that Ottoman<br />
officials made a similar distinction between homicide cases in Ottoman Bosnia which threatened public safety and<br />
those that did not. Ottoman state officials described those cases which threatened public security as “brigandage” so<br />
that the governor would have jurisdiction over them: Hickok, “Homicide in Ottoman Bosnia.”<br />
83<br />
DAR, Fez, 5987, Mawlāy Ḥasan to Sa‘īd b. Farajī, 1 Rabī‘ II 1299 (in which the Jews of Fez complained about<br />
the lack of security on the roads leading from the Bāb al-Ḥadīd and the Bāb Sīdī Bū Nāfi‘—which had led to a<br />
number of robberies and murders of Jews; the sultan commanded the governor of Fez to station guards along these<br />
roads to prevent the crimes); BH, K 171, p. 30, 8 Sha‘bān 1307 (in which the Jews of Meknes complained that the<br />
governor of a tribe murdered one of their coreligionists while on his way back home after five months spent selling<br />
goods in Zemmour; the sultan ordered that the governor be reprimanded and that he return the money he took from<br />
250