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

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

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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-

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

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