IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...
complaints was a foreign subject or protégé, Jews directed their appeals exclusively to the Makhzan. When Jews’ petitions were successful it is usually impossible to know whether their appeals to foreigners caused the Makhzan to heed their claims or whether the Makhzan would have acted without foreign pressure. Yet identifying the ultimate motive for the Makhzan’s actions is not necessary for the purposes of my argument. It would be disingenuous to contend that foreign pressure on the Moroccan state had absolutely no effect on the Makhzan’s relationship with its Jewish subjects. (On the contrary, I argue below that foreign intervention had a significant impact on how the Makhzan portrayed the status of Jews in Morocco.) In most cases, it seems likely that the Makhzan heeded foreign advocacy on behalf of Moroccan Jews to some degree in its resolution of Jews’ legal problems. However, my argument is not that the Makhzan would have treated Jews exactly the same way without foreign intervention, but rather that Jews did not perceive foreigners as their only bulwark against injustices committed by the state or its representatives. Rather, Jews collectively appealed for redress to foreigners and to the Makhzan in order to maximize their chances of obtaining their desired goal, just as individual Jews shopped among the different legal institutions available to them in the hopes of finding the most favorable venue. The long and stormy relationship among the Jews of Demnat and their governor, al-Ḥājj al-Jilālī al-Dimnātī, is a good example of the ways in which Jews attempted to cover all their bases in their appeals for redress. In Chapter Six, I examined instances in which the Jews of Demnat appealed to the Makhzan between 1864 and 1889 concerning al-Jilālī’s abusive behavior. Here, I discuss these Jews’ often simultaneous appeals to diplomatic officials and foreign Jewish organizations—appeals which garnered significant interest, including in the 336
international press. Demnat might seem an unlikely place for Jews to receive so much attention from the Makhzan as well as from foreign diplomats and Jewish organizations given its relatively small size and lack of political importance. The fact that Demnat was one of the few towns in Morocco where the Jewish population equaled or exceeded the Muslim population helps explain the considerable stir caused by Jews’ complaints. 10 Most of the scholarship on relations between Demnati Jews and the Makhzan emphasizes the role of European diplomats and Jewish organizations such as the AIU and the Anglo-Jewish Association (the AJA, based in London) in convincing the Makhzan to intervene on the Jews’ behalf. For instance, in Paul Fenton and David Littman’s recent book on Jews in the Maghrib, the authors reprint a royal decree (ẓahīr) from July 7, 1864, in which the sultan, Mawlāy 11 Muḥammad, ruled that the governor of Demnat must treat the Jews of his city justly.P1152F P This ẓahīr was printed on November 14, 1884 in The Jewish Chronicle, a Jewish newspaper published in London. The Chronicle wrote that Mawlāy Muḥammad proclaimed the ẓahīr in response to Moses Montefiore’s intercession on behalf of Moroccan Jews during his visit to Morocco in 1883-4. Fenton and Littman do not contradict the Chronicle’s claim, nor do they offer any other contextualization for this source, suggesting that they also believe the ẓahīr was solely a response to Montefiore’s visit.P1153F 12 P In 337 order to fully understand Mawlāy Muḥammad’s ẓahīr, however, it is 10 In 1879, Demnat’s Jewish population was estimated at 1,000 individuals: see Ben-Srhir, Britain and Morocco, 196. 11 Fenton and Littman, L’exil au Maghreb, 327-9. The ẓahīr specifically mentions that the governor should refrain from the following abuses: throwing Jews into prison unjustly; forcing Jews to host people against their will; making rich Jews pay the jizya for the poor (since everyone should pay equally); forcing Jews to work on the Sabbath; subjecting Jews to corvée labor; and forcing Jews to buy things against their will. I did not find a copy of this ẓahīr in the Moroccan archives, though this is not surprising given the incompleteness of the archives. However, there is evidence that the sultan issued a ẓahīr to al-Jilālī: in al-Mayānī’s letter to Bargāsh of 30 Muḥarram 1281/ 5 July 1864 (in DAR, Demnat), he noted that the sultan ordered the governor of Demnat “not to intervene in [the Jews’] religion or their law (an lā yadkhula fī umūri dīnihim wa-shar‘ihim).” 12 See also Littman’s discussion of the events in Demnat in which he only addresses Jews’ appeals to foreigners: Littman, “Mission to Morocco,” 197. Bashan makes the same argument: Eliezer Bashan, Moshe Montefiore ve-
- Page 295 and 296: were required to notify their consu
- Page 297 and 298: dealt with cases by means other tha
- Page 299 and 300: In other instances, consuls wrote t
- Page 301 and 302: qāḍī” attesting a debt owed t
- Page 303 and 304: The following two chapters examine
- Page 305 and 306: clarify when and why he had taken t
- Page 307 and 308: Even scholars who argue against see
- Page 309 and 310: ecognize their contract since “th
- Page 311 and 312: of the individuals concerned. 31 Pr
- Page 313 and 314: concerning the incident, which they
- Page 315 and 316: speculated that the reluctance of t
- Page 317 and 318: protection) of Yitzḥaq b. Nissim
- Page 319 and 320: cooperate with foreigners’ reques
- Page 321 and 322: Dinar Ohana), an American protégé
- Page 323 and 324: Jews tried to ensure a fortuitous o
- Page 325 and 326: ordered Assayag to stop paying Zagu
- Page 327 and 328: efused. 100 Faced with this dead en
- Page 329 and 330: claimed that Emsellem had no right
- Page 331 and 332: number of foreign subjects and prot
- Page 333 and 334: By subjecting the suit to Moroccan
- Page 335 and 336: sued Mas‘ūd al-Shayẓamī (Meso
- Page 337 and 338: Foreign subjects and protégés wer
- Page 339 and 340: confirmed that this meant the Jews
- Page 341 and 342: AIU’s attention either through pe
- Page 343 and 344: A competing narrative of Moroccan J
- Page 345: non-Jewish Westerners alike, I argu
- Page 349 and 350: attribute the Makhzan’s efforts t
- Page 351 and 352: The events in Demnat were not the o
- Page 353 and 354: finally wrote to Muḥammad Bargās
- Page 355 and 356: wearing Muslim clothing and told hi
- Page 357 and 358: of 1863. Four Jews were accused of
- Page 359 and 360: made an honest mistake, the effect
- Page 361 and 362: etracted his initial testimony clai
- Page 363 and 364: the remaining two subjects. Only af
- Page 365 and 366: organizations, and the foreign pres
- Page 367 and 368: Marseillais, The Times, The Pall Ma
- Page 369 and 370: coreligionists’ position. 112 Avn
- Page 371 and 372: had been following the standard pra
- Page 373 and 374: did not declare that Jews and Musli
- Page 375 and 376: under the jurisdiction of Makhzan o
- Page 377 and 378: tolerance. 142 Such a policy would
- Page 379 and 380: concede to the American ambassador
- Page 381 and 382: Epilogue On March 30, 1912, France
- Page 383 and 384: courts to matters of personal statu
- Page 385 and 386: This sort of continuity in legal pr
- Page 387 and 388: intra-Jewish cases to these courts
- Page 389 and 390: Glossary of Arabic and Hebrew Terms
- Page 391 and 392: Ẓahīr: Royal decree (spelled “
- Page 393 and 394: United States: United States Nation
- Page 395 and 396: ———. Kitāb al-istiqṣā li-
complaints was a foreign subject or protégé, Jews directed their appeals exclusively to the<br />
Makhzan.<br />
When Jews’ petitions were successful it is usually impossible to know whether their<br />
appeals to foreigners caused the Makhzan to heed their claims or whether the Makhzan would<br />
have acted without foreign pressure. Yet identifying the ultimate motive for the Makhzan’s<br />
actions is not necessary for the purposes of my argument. It would be disingenuous to contend<br />
that foreign pressure on the Moroccan state had absolutely no effect on the Makhzan’s<br />
relationship with its Jewish subjects. (On the contrary, I argue below that foreign intervention<br />
had a significant impact on how the Makhzan portrayed the status of Jews in Morocco.) In most<br />
cases, it seems likely that the Makhzan heeded foreign advocacy on behalf of Moroccan Jews to<br />
some degree in its resolution of Jews’ legal problems. However, my argument is not that the<br />
Makhzan would have treated Jews exactly the same way without foreign intervention, but rather<br />
that Jews did not perceive foreigners as their only bulwark against injustices committed by the<br />
state or its representatives. Rather, Jews collectively appealed for redress to foreigners and to<br />
the Makhzan in order to maximize their chances of obtaining their desired goal, just as individual<br />
Jews shopped among the different legal institutions available to them in the hopes of finding the<br />
most favorable venue.<br />
The long and stormy relationship among the Jews of Demnat and their governor, al-Ḥājj<br />
al-Jilālī al-Dimnātī, is a good example of the ways in which Jews attempted to cover all their<br />
bases in their appeals for redress. In Chapter Six, I examined instances in which the Jews of<br />
Demnat appealed to the Makhzan between 1864 and 1889 concerning al-Jilālī’s abusive<br />
behavior. Here, I discuss these Jews’ often simultaneous appeals to diplomatic officials and<br />
foreign Jewish organizations—appeals which garnered significant interest, including in the<br />
336