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

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The Jews of Meknes appealed to the sultan concerning a similar threat to Jewish<br />

autonomy twice in a single decade, eliciting sharp rebukes from Mawlāy Ḥasan to Ḥammu al-<br />

Jīlālī, qā’id of Meknes. The first incident occurred in 1880: two Jewish residents of Meknes<br />

went to a Jewish court to adjudicate a disagreement. 109 However, the plaintiff was dissatisfied<br />

with the decision. Instead of accepting his fate, the plaintiff decided to take the matter to the<br />

Makhzan court. To ensure a more favorable ruling, he struck a deal with the qā’id al-Jīlālī in<br />

which they agreed to split the proceeds of the lawsuit in exchange for the qā’id’s promise to<br />

judge the matter in the plaintiff’s favor. Sure enough, al-Jīlālī ruled in favor of his co-<br />

conspirator. Word of the deal leaked to the broader Jewish community, who became incensed at<br />

their coreligionist for daring to flout the authority of Jewish law. However, this matter did not<br />

concern internal Jewish affairs alone. While the qā’id al-Jīlālī abused his authority in accepting a<br />

bribe from the Jewish plaintiff, he also threatened the legal autonomy of the Jews of Meknes by<br />

accepting a case which fell under Jewish jurisdiction. While this sort of forum shopping among<br />

Jewish and Islamic legal institutions was not uncommon (as discussed in Part one), it<br />

undermined the authority of Jewish courts. The Jewish leaders of Meknes understandably<br />

wanted the sultan to reinforce the jurisdictional boundaries and prevent the qā’id from stepping<br />

on the toes of the city’s Jewish judges.<br />

In 1890, the Jews of Meknes again appealed to the Makhzan complaining that al-Jīlālī<br />

was overstepping his authority. 110 Less than a week later Mawlāy Ḥasan wrote to al-Jīlālī<br />

109<br />

DAR, Yahūd, 32977, Rabbi Abnīr and the Jews of Fez to Muḥammad b. al-‘Arabī al-Mukhtār, 2 Dhū al-Qa‘da<br />

1297. The Jews in Meknes wrote to the Jews in Fez asking them to request the Makhzan’s intervention in this<br />

matter. (The letter does not mention the names of the plaintiff or the defendant.)<br />

110<br />

DAR, Yahūd, 26098, dayyanim of Meknes to Muḥammad b. Aḥmad al-Ṣanhājī, 20 Jumādā I 1307. In fact, the<br />

authors of this letter complained that the sultan had already written to al-Jīlālī—presumably upon their request—<br />

instructing him not to interfere with the exercise of Jewish law, but that the qā’id had ignored the sultan’s warning.<br />

It is possible that the dayyanim were referring to Mawlāy Ḥasan’s reaction to their complaint of 1880.<br />

261

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