20.04.2013
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Acknowledgements I owe thanks to many people for helping make this dissertation possible. My first debt of gratitude is to Susan Gilson Miller, who introduced me to the study of Moroccan Jews when I was a sophomore at Harvard. I accepted Susan’s invitation to do an independent study with her, and found myself falling in love with the study of Jewish-Muslim relations. I am eternally grateful to Susan for setting me on this path, and for her enduring good counsel and friendship. At Princeton, Mark Cohen has offered excellent guidance and unflagging support. In addition to introducing me to the world of the Geniza, he has wisely encouraged me to think broadly and comparatively. Michael Cook provided a rigorous and thrilling introduction to classical Islamic sources and has read every page of this dissertation with unparalleled attention to detail. Molly Greene ensured that I was versed in Ottoman historiography and asked questions early on which have been of great help throughout. Hossein Modarressi introduced me to the study of Islamic law and generously answered a number of queries which arose in the course of writing. Andras Hamori was my guide to classical Arabic literature and assisted me in some difficult translations. I was also fortunate to study with Bernard Haykel, Muhammad Qasim Zaman, Philip Nord, Abraham Udovitch, Şükrü Hanioğlu, Shaun Marmon, Helen Tilley, and Erika Gilson. My work has been shaped by scholars of Jews in Morocco whose numbers may be small but whose influence has been boundless. I am deeply grateful to Daniel Schroeter, both for agreeing to serve as second reader and for his interest in and support of my project from a very early stage. His extensive comments greatly improved the dissertation and his enthusiasm vi
throughout the process was vital to its success. Emily Gottreich, Aomar Boum, Oren Kosansky, and Yaron Tsur have provided excellent conversation and sage advice over the years. Across the Atlantic, my colleagues in Morocco have been unflagging sources of support and knowledge. Mohammed Kenbib, Khalid Ben-Srhir, and Jamaâ Baïda encouraged me early on to pursue the study of Moroccan Jewry and generously shared their time, expertise, and frienship. Mohammed Hatmi, Karima Dirèche, Rita Aouad, and Frédéric Abécassis became valued friends and interlocutors. In Paris, I was lucky to study under the expert guidance of François Pouillon. In Jerusalem, I learned to read Maghribi Hebrew manuscripts with Yaron Ben-Naeh and was introduced to medieval Jewish history by Menahem Ben-Sasson. I am immensely grateful to the friends and colleagues who read parts of the dissertation and whose comments improved it greatly: Alexander Bevilacqua, James McDougall, David Myers, Omri Paz, Lawrence Rosen, Avi Rubin, Hilary Schor, Sarah Abrevaya Stein, Daniel Stolz, Nomi Stolzenberg, Etty Terem, Lucette Valensi, Dror Ze’evi, and all the members of the Princeton Center for the Study of Religion Seminar on Religion and Culture (2010-11). Countless other colleagues and friends have helped shape my scholarship and thus this dissertation, including: Iris Agmon, Andrew Arson, Yaron Ayalon, Samir Ben-Layashi, Andrew Berns, Joel Blecher, Ra’anan Boustan, Léon Buskens, Michelle Campos, Paris Papamichos Chronakis, Hannah-Louise Clark, Jessica Delgado, Paul Fenton, Yehoshoua Frenkel, John Gager, Jonathan Gribetz, Liora Halperin, Will Hanley, Olivia Harrison, Alma Heckman, Abigail Jacobson, Sarit Kattan-Gribetz, Ethan Katz, Michael Laskier, Lital Levy, Gideon Libson, Elizabeth Marcus, Fatema Mernissi, Claudia Moatti, Aviad Moreno, Claire Nicholas, Vanessa Paloma, Leslie Peirce, Noam Pianko, Wilfrid Rollman, Eli Sacks, Josh Schreier, Uri Simonsohn, vii
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IN THE COURTS OF THE NATIONS: JEWS,
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Abstract This dissertation examines
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Table of Contents Abstract………
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and Arielle Rubenstein, Stephanie S
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Introduction This dissertation exam
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on the internal history of the Jewi
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cases they made up close to half of
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study of law in the Islamic world w
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of these institutions remain opaque
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and, for some individuals, appealin
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actors with agency and to understan
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many of those who espouse the neo-l
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In recent years, the neo-lachrymose
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alternative framework to that of au
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including courts—which were of pr
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Recently scholars working on the me
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We are left with two models of Jewi
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Legal pluralism is an approach to u
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orders. I also turn the focus from
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Nonetheless, the tendency of forum
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Legal pluralism does not explain wh
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Jewish communities were no less var
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is perhaps best attested by the fac
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To help remind readers that the thr
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abusive Makhzan officials, infringe
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Chapter One: Between Batei Din and
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went to batei din and sharī‘a co
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school relevant for our purposes is
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Jewish and Islamic legal systems re
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ehind, a large number were undoubte
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atei din generally, it does reflect
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Jews used batei din not only as not
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Jerusalem. 33 The collection consis
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(azraqu al-‘aynayn)—a trait for
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undoubtedly made much of their mone
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preventing members of the community
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‘udūl. 76 These ‘udūl, whose
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Eliyahu b. Ya'aqov Zohra bat Ya‘a
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and Muḥammad would return the mon
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Table 2.1 Types of Entries 2% 2% 2%
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allegation or deposition in a case
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court approximately once a week, ei
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The introduction of the “protecti
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ule; the ‘udūl almost always too
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documents would stand up as evidenc
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Empire. 49 A document in the Assarr
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legal procedure was relatively mino
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een optional as not all bills of de
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Qa‘da 1309 (June 12, 1892), two
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mostly meant extending credit on go
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Other release documents specify tha
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al-faqīh Aḥmad al-Filālī al-Ma
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Lease contracts, on the other hand,
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which was operated by Muslims durin
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Shalom’s knowledge of Islamic law
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elow). Although the majority of law
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weeks after the plaintiff filed the
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gathered twelve men who testified t
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whether the qāḍī accepted al-
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in the Assarraf collection indicate
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(ittifāqīyan) and were testifying
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In another instance of oath avoidan
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Sharī‘a courts provided a crucia
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agreement notarized according to Is
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ability and desire to move among di
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‘udūl. 14 Most real estate trans
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equire or benefit from adjudication
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Simultaneous Use of Jewish and Isla
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evidence from the nineteenth centur
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to sue other Jews in sharī‘a cou
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But what about intra-Jewish lawsuit
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ut for the most part this is a here
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the sum of three duoros per month.
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only in Jewish law. This happened i
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in the millāḥ of Marrakesh on Ap
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aware of Jewish law and sometimes t
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of a rabbi to determine the proper
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‘Aṭṭār, in order to find out
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Muslims’ jurisdictional boundary
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that they had successfully done so.
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the Moroccan legal system more broa
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translated as the territories under
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elatively scant work on the legal h
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law, even if they did not consisten
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abrupt end after his death, as the
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put it, “in all medieval Muslim s
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about its image in the eyes of fore
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an injustice or an act of oppressio
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In designing its new army, the Makh
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The Ministry itself, although in co
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Minister of Complaints, a man about
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It is not entirely clear whether th
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initial letters. 102 The convention
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whether the sultan simply failed to
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Chapter Five: Appeals to the Minist
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Jews and the Ministry of Complaints
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The nature of these sources prevent
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Causes for Complaint Most of the ap
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products (such as barley). 23 This,
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appears numerous times). 29 While t
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matter what their religious backgro
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when amounts are specified they ten
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cases which were ultimately settled
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Jews who had been robbed. 62 The su
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from July 28, 1892, a group of Jews
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nature of sharī‘a courts. 83 In
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legal proof of his claim. 91 It is
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the Jewish victims were compensated
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central government could only do so
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and Muslim was responsible for arra
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sometimes the Makhzan officials’
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A more formidable obstacle to settl
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The Jewish creditor, however, reque
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The practice of exaggerating the va
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official accused a Jew of falsifyin
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esolve disputes with their Jewish d
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property. 178 In this case, the Mak
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Chapter Six: Collective Appeals to
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frequency of Jews’ petitions acro
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The concentration of petitions duri
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“right”—as in, the rights to
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merchants serve as judges on a rota
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Makhzan officials at times evoked t
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The evidence of Jews’ appeals to
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governor). 46 The next winter the J
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along with a legal document contain
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Following this escalation of violen
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The governor of Debdou similarly pr
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custom and the sultan’s command.
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minister of foreign affairs, receiv
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Yet murder cases were not the only
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Moroccan legal system. On the one h
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In 1884 the Jews of Fez appealed to
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Although at first these appeals mig
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The Jews of Meknes appealed to the
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In other instances, Makhzan officia
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about their own coreligionists. The
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Europeans—a sentiment that at oth
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complain about their muḥtasib, em
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Chapter Seven: Foreign Protection a
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Perhaps most important, however, is
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of consular courts functioned throu
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of Muslims from becoming protégés
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cases between its own nationals or
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of consular courts by specifying th
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an important moment in the history
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were required to notify their consu
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dealt with cases by means other tha
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In other instances, consuls wrote t
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qāḍī” attesting a debt owed t
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The following two chapters examine
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clarify when and why he had taken t
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Even scholars who argue against see
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ecognize their contract since “th
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of the individuals concerned. 31 Pr
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concerning the incident, which they
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speculated that the reluctance of t
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protection) of Yitzḥaq b. Nissim
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cooperate with foreigners’ reques
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Dinar Ohana), an American protégé
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Jews tried to ensure a fortuitous o
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ordered Assayag to stop paying Zagu
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efused. 100 Faced with this dead en
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claimed that Emsellem had no right
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number of foreign subjects and prot
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By subjecting the suit to Moroccan
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sued Mas‘ūd al-Shayẓamī (Meso
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Foreign subjects and protégés wer
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confirmed that this meant the Jews
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AIU’s attention either through pe
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A competing narrative of Moroccan J
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non-Jewish Westerners alike, I argu
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international press. Demnat might s
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attribute the Makhzan’s efforts t
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The events in Demnat were not the o
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finally wrote to Muḥammad Bargās
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wearing Muslim clothing and told hi
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of 1863. Four Jews were accused of
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made an honest mistake, the effect
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etracted his initial testimony clai
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the remaining two subjects. Only af
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organizations, and the foreign pres
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Marseillais, The Times, The Pall Ma
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coreligionists’ position. 112 Avn
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had been following the standard pra
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did not declare that Jews and Musli
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under the jurisdiction of Makhzan o
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tolerance. 142 Such a policy would
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concede to the American ambassador
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Epilogue On March 30, 1912, France
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courts to matters of personal statu
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This sort of continuity in legal pr
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intra-Jewish cases to these courts
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Glossary of Arabic and Hebrew Terms
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Ẓahīr: Royal decree (spelled “
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United States: United States Nation
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———. Kitāb al-istiqṣā li-
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Becker, Jerónimo. España y Marrue
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Chetrit, Joseph. Diglossie, hybrida
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Ennaji, Mohammed. Expansion europé
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Gotzmann, Andreas. “At Home in Ma
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———. Les protégés : contrib
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Marcus, Abraham. The Middle East on
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Perron, M. Précis de jurisprudence
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———. “Forum Shopping Among
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Cultural Dimensions, edited by Mich