Izvori
ŽIDOVI I ISLAM
Omarov zakonik
Jacob Marcus, The Jew in the Medieval World: A Sourcebook, 315-1791, (New York: JPS, 1938), 13-15
Islam and the Jews: The Pact of Umar, 9th Century CE
THE Pact of Umar is the body of limitations and privileges entered into by treaty between conquering Muslims and conquered non-Muslims. We have no special treaty of this sort with the Jews, but we must assume that all conquered peoples, including the Jews, had to subscribe to it. Thus the laws cited below and directed against churches apply to synagogues too. The Pact was probably originated about 637 by Umar I after the conquest of Christian Syria and Palestine. By accretions from established practices and precedents, the Pact was extended; yet despite these additions the whole Pact was ascribed to Umar. There are many variants of the text and scholars deny that the text as it now stands could have come from the pen of Umar I; it is generally assumed that its present form dates from about the ninth century.
The Pact of Umar has served to govern the relations between the Muslims and "the people of the book," such as Jews, Christians, and the like, down to the present day.
In addition to the conditions of the Pact listed below, the Jews, like the Christians, paid a head-tax in return for protection, and for exemption from military service. Jews and Christians were also forbidden to hold government office. This Pact, like much medieval legislation, was honored more in the breach than in the observance. In general, though, the Pact increased in stringency with the centuries and was still in force in the 20th century in lands such as Yemen. The Pact is in Arabic.
In the name of God, the Merciful, the Compassionate!
This is a writing to Umar from the Christians of such and such a city. When You [Muslims] marched against us [Christians],: we asked of you protection for ourselves, our posterity, our possessions, and our co-religionists; and we made this stipulation with you, that we will not erect in our city or the suburbs any new monastery, church, cell or hermitage; that we will not repair any of such buildings that may fall into ruins, or renew those that may be situated in the Muslim quarters of the town; that we will not refuse the Muslims entry into our churches either by night or by day; that we will open the gates wide to passengers and travellers; that we will receive any Muslim traveller into our houses and give him food and lodging for three nights; that we will not harbor any spy in our churches or houses, or conceal any enemy of the Muslims. [At least six of these laws were taken over from earlier Christian laws against infidels.]
That we will not teach our children the Qu'ran [some nationalist Arabs feared the infidels would ridicule the Qu'ran; others did not want infidels even to learn the language]; that we will not make a show of the Christian religion nor invite any one to embrace it; that we will not prevent any of our kinsmen from embracing Islam, if they so desire. That we will honor the Muslims and rise up in our assemblies when they wish to take their seats; that we will not imitate them in our dress, either in the cap, turban, sandals, or parting of the hair; that we will not make use of their expressions of speech, nor adopt their surnames [infidels must not use greetings and special phrases employed only by Muslims]; that we will not ride on saddles, or gird on swords, or take to ourselves arms or wear them, or engrave Arabic inscriptions on our rings; that we will not sell wine [forbidden to Muslims]; that we will shave the front of our heads; that we will keep to our own style of dress, wherever we may be; that we will wear girdles round our waists [infidels wore leather or cord girdles; Muslims, cloth and silk].
That we will not display the cross upon our churches or display our crosses or our sacred books in the streets of the Muslims, or in their market-places; that we will strike the clappers in our churches lightly [wooden rattles or bells summoned the people to church or synagogue]; that we will not recite our services in a loud voice when a Muslim is present; that we will not carry Palm branches [on Palm Sunday] or our images in procession in the streets; that at the burial of our dead we will not chant loudly or carry lighted candles in the streets of the Muslims or their market places; that we will not take any slaves that have already been in the possession of Muslims, nor spy into their houses; and that we will not strike any Muslim.
All this we promise to observe, on behalf of ourselves and our co-religionists, and receive protection from you in exchange; and if we violate any of the conditions of this agreement, then we forfeit your protection and you are at liberty to treat us as enemies and rebels.
Abraham Ibd Daud: On Samuel Ha-Nagid, Vizier of Granada
SOURCE: Jacob Marcus, The Jew in the Medieval World: A Sourcebook, 315-1791, (New York: JPS, 1938), 297-300
[Marcus Introduction] One of the most famous of the Jewish notables of Moslem Spain was Samuel HaLevi, who is also known as Samuel HaNagid. Beginning life as a shopkeeper, Samuel HaLevi ultimately became the chief minister at the court of Granada. By virtue of this office he became the political head of the Jews in Granada and probably thus received the title Nagid ("Prince"), his name becoming Samuel HaNagid. He served his community as rabbi and did a great deal to further Jewish learning throughout the world.
Samuel was a fine linguist, a scholar, a diplomat, and a distinguished soldier. His reputation in the Middle Ages was based mainly on his excellent poetry, some of which was written even on the battlefield.
The following account of his life is taken from Sefer Seder ha-Kabbalah ("The Line of Tradition"), a Hebrew historical work written by Abraham ibn Daud of Toledo in 1161.
One of the great disciples of Rabbi Enoch [d. 1014], was Rabbi Samuel HaLevi, the Prince, the son of Joseph, who was known as Ibn Nagrela, of the community of Cordova. He was an unusually fine Talmudic scholar and was also well versed in Arabic literature and language. He was of the type that could occupy a high position in the royal palace.
Samuel was a merchant, supporting himself with great difficulty until the devastating days in Spain which followed the fall of the Amirid kingdom when the Berbers secured the power. [The civil war, which began in Spain in 1009, reached its climax in 1012 in the sack of Cordova by the Berbers.]
It was then that the land of Cordova began to decline and its inhabitants fled. Some of them ran away to Saragossa, where their descendants are even now; some fled to Toledo and their descendants are known there even to this day.
This Rabbi Samuel HaLevi fled to Malaga. There he had a shop and was a petty merchant. His shop happened to be near the palace of Ibn alArif, the vizier of King Habbus [10191038], the son of Maksan, the King of the Berbers, in Granada. At the request of a maid servant of the vizier, Samuel used to write letters for her to her master the vizier, Abu alKasim ibn alArif. This latter saw his letters and was amazed at his wisdom.
Some time later this vizier, Ibn alArif, got permission of his king, Habbus, to return to his home in Malaga. There he asked the people of his house: "Who used to write those letters that came to me from you?" "A certain Jew," they answered, "who comes from the community of Cordova and lives near your palace-he used to write them for us." Immediately the secretary issued a command and they rushed Rabbi Samuel HaLevi to him. "It is unbecoming for you to sit in a shop," he said to him. "Stay here with me." He did so and became his secretary and adviser.
The vizier used to advise the King according to the advice given by Rabbi Samuel HaLevi, of blessed memory. All his advice was as though it came from God, and the King Habbus prospered through it very much. After some time the vizier, Ibn alArif, became mortally ill, and King Habbus, who came to visit him, said to him: "What shall I do? Who will advise me in the wars which encompass me?" "I have never advised you," he answered him, "out of my own mind, but at the suggestion of this Jew, my secretary. Take care of him, and he will be as a father and a minister to you. Do whatever he advises you, and God will help you." So after the death of the vizier, King Habbus took Rabbi Samuel HaLevi and brought him to his palace and he became his vizier and councillor.
In the year 4780 [l020] he was in the palace of the King Habbus. [Samuel was already an important official before 1020.] The king had two sons: the name of the elder was Badis, and the younger, Bulukkin. All the Berber princes favored Bulukkin, the younger son, as the successor, but all the rest of the people favored Badis. The Jews, too, and among them Rabbi Joseph ibn Migas, Rabbi Isaac ben Leon, and Rabbi Nehemiah, who was called Escafa, three Granada notables, favored Bulukkin, but Rabbi Samuel HaLevi favored Badis.
On the day that King Habbus died, the Berber princes and their distinguished men rose in the morning to crown his son Bulukkin. Bulukkin, however, immediately went and kissed the hand of his elder brother Badis. Thus Badis was crowned in the year 4787 [1027] and the face of his enemies turned black like the bottom of a pot; and against their will they had to crown Badis. [Badis was really crowned in 1038 and died in 1073.]
After this Bulukkin regretted that he had made his brother king and kept on getting the upper hand over his brother Badis, with the result that King Badis was unable to do a thing, big or small, without his brother's interference. But after this his brother Bulukkin became sick, and the King gave orders to the physician not to cure him. The physician obeyed, and Bulukkin died. Thus was the kingdom established in the hands of Badis. These three distinguished Jews of the city, whom we have mentioned, fled to the land of Seville [then hostile to Granada].
Rabbi Samuel HaLevi was appointed Prince in the year 4787 [1027], and he conferred great benefits on Israel in Spain, in north-eastern and northcentral Africa, in the land of Egypt, in Sicily, well as far as the Babylonian academy, and the Holy City, Jerusalem. All the students who lived in those lands benefited by his generosity, for he bought numerous copies of the Holy Scriptures, the Mishnah, and the Talmud-these, too, being holy writings. [Ibn Daud here refutes the Karaites who denied the authority of the Mishnah and the Talmud.]
To every one-in all the land of Spain and in all the lands that we have mentioned-who wanted to make the study of the Torah his profession, he would give of his money. He had scribes who used to copy Mishnahs and Talmuds, and he would give them as a gift to students, in the academies of Spain or in the lands we have mentioned, who were not able to buy them with their own means. [Printing was not yet invented. Manuscripts were very expensive.] Besides this, he furnished olive oil every year for the lamps of the synagogues in Jerusalem. He spread the knowledge of the Torah [Jewish learning] very widely and died an old man, at a ripe age, after having acquired the four crowns: the crown of the Torah, the crown of high station, the crown of Levitical descent, and what is more than all these, the crown of a good name merited by good deeds. He died in the year 4815 [1055] and his son, Rabbi Joseph HaLevi, the Prince, succeeded him. [It is more probable that Samuel died in 1056 or later when Joseph (b. 1035), succeeded him as vizier.]
Of all the good traits of his father, Joseph lacked but one. He was not humble like his father because he grew up in riches, and he never had to bear the yoke [of poverty and discipline] in his youth. He was proud to his own hurt, and the Berber princes were jealous of him, with the result that on the Sabbath, on the 9th of Tebet in the year 4827 [Saturday, December 30, 1066], he and the Community of Granada were murdered. [About 150 families were killed. This is the first known massacre of Jews in Spain by Moslems.]
All those who had come from distant lands to see his learning and his greatness mourned for him, and the lament for him spread to all lands and to all cities. Since the days of the ancient rabbis - of blessed memory-who wrote the Scroll of Fasts and decreed that the 9th of Tebet should be a fast, the reason for the decree was never known. But from this incident we know that they were directed by the Holy Spirit to fix this day. After his death his books and treasures were scattered and dispersed throughout the world So also were the disciples whom he had raised up. After his death they became the rabbis of Spain and the leaders of the generation.
BIBLIOGRAPHY
REFERENCES TO TEXTBOOKS
Elbogen, pp. 56-57; Roth, pp. 160-161; Sachar, pp. 171172.
READINGS FOR ADVANCED STUDENTS
Graetz, 111, pp. 254264, 273280; GraetzRhine, 111, pp. 131139,147ff
Margolis and Marx, pp. 313317, 321.
Dozy, R., Spanish Islam. See Index under "Samuel HaLevi" and "Joseph, son of Samuel HaLevi."
Sassoon, D. S., "Diwan of the Vizier Samuel Hannaghid," The Jewish Chronicle, (London), March 28, 1924, literary supplement no. 39.
JE, "Samuel haNagid."
O Kazarima
The Medieval Jewish Kingdom of the Khazars, 740-1259
SOURCE: Jacob Marcus, The Jew in the Medieval World: A Sourcebook, 315-1791, (New York: JPS, 1938), 227-232. Some slight spelling modifications have been made.
[Marcus Introduction] About the year 740, many of the Khazars, a powerful Turkish tribe occupying the steppes of southern Russia, became converts to Judaism. More than two centuries later, the report of the existence of this Jewish kingdom aroused the curiosity of Hasdai ibn Shaprut (about 915-970). Ibn Shaprut was not only the personal physician of the Spanish Califs Abd-al-Rahman III (912-961) and his son Hakam II (961-976) but was also inspector-general of customs and an adviser in foreign affairs. To satisfy his curiosity he wrote to the ruler of the Khazars about 960 and some time later received an answer from Joseph, the reigning king. The letters of Hasdai and Joseph, both originally written in Hebrew, are given below in extract.
Fragments of the Khazar kingdom persisted into the thirteenth century.
1.THE LETTER OF RABBI HASDAI, SON OF ISAAC IBN SHAPRUT, TO THE KING OF THE KHAZARS, about 960
I, Hasdai, son of Isaac, son of Ezra, belonging to the exiled Jews of Jerusalem in Spain, a servant of my lord the King, bow to the earth before him and prostrate myself towards the abode of your Majesty from a distant land. I rejoice in your tranquillity and magnificence and stretch forth my hands to God in heaven that He may prolong your reign in Israel....
Praise be to the beneficent God for His mercy towards me! Kings of the earth, to whom his [Abd-al-Rahman's] magnificence and power are known, bring gifts to him, conciliating his favor by costly presents, such as the King of the Franks, the King of the Gebalim, who are Germans, the King of Constantinople, and others. All their gifts pass through my hands, and I am charged with making gifts in return. [Ibn Shaprut, who knew several languages, received these embassies.] Let my lips express praise to the God of heaven, who so far extends His lovingkindness towards me, without any merit of my own, but in the fullness of His mercies!
I always ask the ambassadors of these monarchs who bring gifts about our brethren the Israelites, the remnant of the captivity, whether they have heard anything concerning the deliverance of those who have languished in bondage and have found no rest. [He was anxious to know if the "lost ten tribes" existed as an independent Jewish state anywhere.]
At length mercantile emissaries of Khorasan [a land southeast of the Caspian Sea] told me that there is a kingdom of Jews which is called Al-Chazar. But I did not believe these words for I thought that they told me such things to procure my goodwill and favor. I was therefore wondering, till the ambassadors of Constantinople came [between 944 and 949] with presents and a letter from their king to our king, and I interrogated them concerning this matter,
They answered me: "It is quite true, and the name of that kingdom is Al-Chazar. It is a fifteen days' journey by sea from Constantinople, but by land many nations intervene between us; the name of the king now reigning is Joseph; ships sometimes come from their country to ours bringing fish, skins, and wares of every kind [The Khazars, great traders, got their wares from the Russians to the north.] The men are our confederates and are honored by us; there is communication between us by embassies and mutual gifts; they are very powerful; they maintain numerous armies with which they occasionally engage in expeditions." When I heard this report I was encouraged, my hands were strengthened, and my hope was confirmed. Thereupon I bowed down and adored the God of heaven. [Hasdai was happy: Christians could no longer say the Jews were without a country as a punishment for their rejection of Jesus.]....
I pray for the health of my lord the King, of his family, and of his house, and that his throne may be established for ever. Let his days and his sons' days be prolonged in the midst of Israel!
2.THE LETTER OF JOSEPH THE KING, SON OF AARON THE KING, THE TURK-MAY HIS CREATOR PRESERVE HIM TO THE HEAD OF THE ASSEMBLY, HASDAI, THE SON OF ISAAC, SON OF EZRA - about 960
....I wish to inform you that your beautifully phrased letter was given us by Isaac, son of Eliezer, a Jew of the land of Germany [Isaac carried it through Germany, Hungary, and Russia to Khazaria.] You made us happy and we are delighted with your understanding and wisdom.... Let us, therefore, renew the diplomatic relations that once obtained between our fathers, and let us transmit this heritage to our children. [Joseph believed the Khazars had once had diplomatic relations with the Spanish Arabs.]
You ask us also in your epistle: "Of what people, of what family, and of what tribe are you?" Know that we are descended from Japhet, through his son Togarmah. [In Jewish literature Togarmah is the father of all the Turks.] I have found in the genealogical books of my ancestors that Togarmah had ten sons. These are their names: the eldest was Ujur, the second Tauris, the third Avar, the fourth Uauz, the fifth Bizal, the sixth Tarna, the seventh Khazar, the eighth Janur, the ninth Bulgar, the tenth Sawir. [These are the mythical founders of tribes that once lived in the neighborhood of the Black and Caspian Seas.] I am a descendant of Khazar, the seventh son.
I have a record that although our fathers were few in number, the Holy One blessed be He, gave them strength, power, and might so that they were able to carry on war after war with many nations who were more powerful and numerous than they. By the help of God they drove them out and took possession of their country. Upon some of them they have imposed forced labor even to this very day. The land [along the Volga] in which I now live was formerly occupied by the Bulgarians. Our ancestors, the Khazars, came and fought with them, and, although these Bulgarians were as numerous as the sand on the shores of the sea, they could not withstand the Khazars. So they left their country and fled while the Khazars pursued them as far as the Danube River. Up to this very day the Bulgars camp along the Danube and are close to Constantinople. The Khazars have occupied their land up till now. [The Khazars, known since the second century, dominated southern Russia during the early Middle Ages. ]
After this, several generations passed until a certain King arose whose name was Bulan. He was a wise and God-fearing man, trusting in his Creator with all his heart. He expelled the wizards and idolaters from the land and took refuge in the shadow of his wings . . . After this his fame was spread broadcast. [Bulan probably ruled about 740. He was the first Jewish Khazar ruler.] The king of the Byzantines and the Arabs who had heard of him sent their envoys and ambassadors with great riches and many great presents to the King as well as some of their wise men with the object of converting him to their own religion. [The Byzantines and Arabs hoped to stop the raids of the Khazars by converting them.]
But the King-may his soul be bound up in the bundle of life With the Lord his God-being wise, sent for a learned Israelite. the King searched, inquired, and investigated carefully and brought the sages together that they might argue about their respective religions. Each of them refuted, however, the arguments of his opponent so that they could not agree. When the King saw this he said to them: "Go home, but return to me on the third day..."
On the third day he called all the sages together and said to them. "Speak and argue with one another and make clear to me which is the best religion." They began to dispute with one another without arriving at any results until the King said to the Christian priest "What do you think? Of the religion of the Jews and the Muslims, which is to be preferred?" The priest answered: "The religion of the Israelites is better than that of the Muslims."
The King then asked the kadi [a Muslim judge and scholar]: "What do you say? Is the religion of the Israelites, or that of the Christians preferable?" The kadi answered: "The religion of the Israelites is preferable."
Upon this the King said: "If this is so, you both have admitted with your own mouths that the religion of the Israelites is better Wherefore, trusting in the mercies of God and the power of the Almighty, I choose the religion of Israel, that is, the religion of Abraham. If that God in whom I trust, and in the shadow of whose wings I find refuge, will aid me, He can give me without labor the money, the gold, and the silver which you have promised me. As for you all, go now in peace to your land." [This account of Bulan's conversion is apparently legendary. Another Hebrew source tells us that Judaism was adopted by the Khazars when a Jewish general was made king. Jewish fugitives from Constantinople also made many converts in Khazaria.]
From that time on the Almighty helped Bulan, fortified him, and strengthened him. He circumcised himself, his servants, attendants, and ail his people. [Arabic sources say the royal family and nobility became Jews, but only a part of the people.] Then Bulan sent for and brought from all places wise men of Israel who interpreted the Torah for him and arranged the precepts in order, and up to this very day we have been subject to this religion. May God's name be blessed and may His remembrance be exalted for ever!
Since that day [about 740], when my fathers entered into this religion, the God of Israel has humbled all of their enemies, subjecting every folk and tongue round about them, whether Christian, Muslim, or pagan. No one has been able to stand before them to this day [about 960]. All of them are tributary. [But only about ten years later Joseph was defeated by the Russians, 969.]
After the days of Bulan there arose one of his descendants, a king Obodiah by name, who reorganized the kingdom and established the Jewish religion properly and correctly. He built synagogues and schools, brought in Jewish scholars, and rewarded them with gold and silver. [:The Jewish scholars could have come from Bagdad and Constantinople.] They explained to him the Bible, Mishnah, Talmud and the order of divine services. The King was a man who revered and loved the Torah. He was one of the true servants of God. May the Divine Spirit give him rest!
He was succeeded by Hezekiah, his son; next to him was Manasseh, his son; next to him was Hanukkah, the brother of Obadiah; next Isaac, his son; afterwards, his son Zebulun; then his son Moses; then his son Nissi; then his son Aaron; then his son Menahem; then his son Benjamin; then his son Aaron II; and I, Joseph, the son of Aaron the King, am King, the son of a King, and the descendant of kings. [These kings probably had Turkish names besides their Hebrew ones.] No stranger can occupy the throne of my ancestors: the son succeeds the father. This has been our custom and the custom of our forefathers since they have come into existence. May it be the gracious will of Him who appoints all kings that the throne of my kingdom shall endure to all eternity.
You have also asked me about the affairs of my country and the extent of my empire. I wish to inform you that I dwell by the banks of the river known as the Itil [Volga]. At the mouth of the river lies the Caspian Sea. The headwaters of the river turn eastward, a journey of four months distance.
Alongside the river dwell many tribes in cities and towns, in open as well as fortified places.... Bear in mind that I dwell at the delta of the Itil and, by God's help, I guard the mouth of the river and do not permit the Russians who come in ships to enter into the Caspian so as to get at the Muslims. Nor do I allow any of their [the Muslims'] enemies who come by land to penetrate as far as Derbend [Derbend, an Arab city, was the gate through which the nomads in Russia hoped to rush through and raid the rich towns of Asia Minor.] I have to wage war with them, for if I would give them any chance at all they would lay waste the whole land of the Muslims as far as Baghdad. . .
You have also asked me about the place where I live. I wish to inform you that, by the grace of God, I dwell alongside this river On which there are situated three capital cities. The queen dwells in one of them; it is my birthplace. It is quite large, built round like a Circle, the diameter of which is fifty parasangs. [The King lived in an island in the Volga; there were also towns on both banks. ]
Jews, Christians, and Moslems live in the second city. Besides these there are many slaves of all nations in it. It is of medium size, eight square parasangs in length and breadth.
In the third I reside with my princes, officers, servants, cupbearers and those who are close to me. It is round in shape and its diameter is three parasangs. The river flows within its walls. This is my residence during the winter. From the month of Nisan [March-April] on we leave the city and each one goes forth to his vineyards, fields and to his work....
You mention in your letter that you yearn to see my face. I also would very much like to see your pleasant countenance and the rare beauty of your wisdom and greatness. Would that it were according to your word. If it were granted me to be associated with you and to behold your honored, charming, and pleasant countenance then you would be my father and I your son. According to your command would all my people be ruled, and according to your ord and discreet counsel would I conduct all my affairs. Farewell.
BIBLIOGRAPHY
REFERENCES TO TEXTBOOKS
Roth, pp. 158-159, 264-265.
READINGS FOR ADVANCED STUDENTS
Graetz, 111, pp. 138-141, 214-230; Graetz-Rhine, III, pp. 99 130; Margolis and Marx, pp. 308-312, 525-526
Dubnow, S. M., History of the Jews in Russia and Poland, 1, "The Kingdom of the Khazars," pp. 19-29.
Frazer, J. G., Garnered Sheaves, Part I, Chap. x, "The Killing of the Khazar Kings."
Mann, J., Texts and Studies in Jewish History and Literature, 1, pp. 3ff:? "Hisdai ibn Shaprut and His Diplomatic Intervention on Behalf of the Jews in Christian Europe."
JE, "Chazars"; "Hasdai abn Yusuf ibn Shaprut."
ADDITIONAL SOURCE MATERIALS IN ENGLISH
Halper, B., Post-Biblical Hebrew Literature, "The Four Captives," II, pp. 123-126. A legendary description of the arrival of Rabbi Moses b. Enoch, One of the first Jewish scholars to come to Arabic Spain. He was a contemporary of Hasdai ibn Shaprut. ;
Miclellany of Hebrew Literature, I, pp. g2ff.: „The Epistle of R. Chisdai, Son of Isaac (of Blessed Memory), to the King of the Cusars," and "the Answer of Joseph, King of the Togarmi, etc." Another translation of the king's answer has been made by H. Hirschfeld, Judah Hallevi's Kitab al al Khazari,, 1931. pp. 72-279.
KRŠĆANSKA ŠPANJOLSKA
Jews and Christians in Teruel: The Fuero of Teruel, 1176 CE
The Fuero of Teruel was an urban charter granted to the city of Teruel in 1176 by Alfonso II of Aragon. It and the roughly contemporary and very similar Fuero of Cuenca were much copied and thus had an impact far beyond the bounds of a single city.
The following is a small selection of the articles of the Fuero of Teruel dealing with Jews (themselves a small subset of the Fuero).
85: Of the corredores of the council: It should also be known that the judge and the alcaldes must appoint public brokers (corredores) to sell things. The sellers and the brokers shall swear that they will be honest in all things, alike for poor as for rich, whether they be Christians or Jews or even Moors.
319: Of the public bath: Following this are provisions about the public bath. The [male] bathers may go to the communal bath on Tuesdays and Thursdays and Saturdays, according to the law. Women may go to the bath on Mondays and Wednesdays. Jews and Moors may go on Fridays, and on no other day by any means. . . . Moreover, if the Jews or Moors bath on some other day than Fridays, each of the bathers shall pay a fine of 30 sueldos to the judge and the alcaldes and the almotacaf by thirds with the plaintiff, if it should be proven according to law. Moreover, if a man enters the bath or any bath house on the women's days, he shall pay a fine of 30 sueldos, if it should be proven. If not, he shall swear that he was accused falsely and be believed. Moreover, if a woman enter on the men's days, as was said, she shall pay 30 sueldos [as was specified above]. . .
539: Of cases between Christians and Jews: Also, we order that if a Christian and a Jew shall come to court over some matter, they shall appoint two citizens as judges, of whom one should be a Christian and the other a Jew, as the law orders. And if it should happen that their judgment does not please either of the two disputants, it shall be appealed to four judges who are citizens of Teruel, of whom two shall be Christians and the other two shall be Jews, and the case shall finish with those four judges, according to the law. Whoever shall appeal [the judgment of] these four judges should know that he will lose the case, as the law states. These judges shall examine and shall judge them only in accord with that which the Fuero orders in Teruel. . .
540: Of the witnesses between Christian and Jew: But the witnesses between a Christian and a Jew shall be a Christian and a Jewish citizen, and anything which may be denied shall be believed and confirmed on the basis of their testimony. . . .
552: Of court cases between Jews and Christians: Court cases between Jews and Christians shall take place at the gate of the Alcaceria [market, containing stores belonging to the king and rented by Jewish merchants] and not in front of the synagogue. The hour of the court hearing shall be after the morning mass is said in the Church of Santa Maria until the third [hour]. When the third [hour] has sounded, the court will be closed. And whoever does not wish to come to judgment shall lose his case.
555: Of agreements between Christians and Jews: Moreover, any agreement made by a Christian and a Jew before witnesses shall be established and secure, except agreements about interest. For interest may not increase [the debt] to more than twice [the principal] in a year. According to this ratio, the Jew may demand a month's interest, or any other period, whether short or long, during which the money is loaned at interest. Once the loan has doubled, it may earn no more interest.
561: Of when there may be lawsuits between a Christian and a Jew: When the Christians want to have lawsuits, and the Jews likewise, they shall have them according to the law of Teruel, except for the Sabbath and their festivals, according to the law.
562: That in Teruel, only a Jew and a Christian [together] can testify against a Jew: However, it should be known that in Teruel, only a Jewish and a Christian citizen who are in this city can testify against a Jew. Moreover, only a Jewish and a Christian citizen can testify against a Christian citizen, as was stated above. But the witnesses for the Jew and the Christian need not respond to challenge [to judicial combat] in any way.
568: Of a Jew, who has no share in his compensation for injury (caloña): But it should be known that the Jew does not have any part of his caloña, whether for injury or death, for it is entirely the Lord King's. For the Jews are siervos [serfs or slaves] of the Lord King and always assigned to the royal treasury. . . .
Source.
© Translated here by Elka Klein from El Fuero de Teruel, ed. Max Gorosch (Stockholm, 1950).
A Business Partnership between a Jew and Christian in Barcelona, 1235-1242 CE
Many Barcelonese Jews and Christians did business together in a variety of ways: as clients, as agents or as partners. The majority of these business arrangements were routine and uneventful. Occasionally, however, as in business deals between Jews or between Christians, the partners ended up in court. These two documents reflect one such occurrence.
1. The original agreement (1235 May 21):
Agreement between the Christian and Jewish partners about shares in the revenues from the mills of Barcelona. Two copies were made of this document, one for each partner; of the two, only one, probably that of the Christian Berenguer, survives:
I, Berenguer Bailiff, concede to you, Solomon b. Saltell and yours, that you have a quarter share of that purchase of the mills of Barcelona which Guillem Ferre and I made last Feast of the Finding of the Holy Cross [May 3, 1235] for a period of two years; I promise to give you the share which you are owed of whatever profit God will give those mills in those two years, up to one quarter. And if there should be no profit, and we have expenses, you shall pay your share up to that same quarter share. And I offer all my property as security for it.
To this, I Solomon d'en Saltell, agree and firmly promise you, Berenguer bailiff and yours, to accomplish and fulfill in good faith that which is incumbent on me on account of that quarter share. And for this I give you as guarantor my brother Astrug Saltell, who with me or without me will uphold all of these [obligations] towards you and yours. We, the aforementioned Solomon d'en Saltell and Astrug Saltell, agree and firmly promise you and yours that either or both of us will accomplish and fulfill all of the above with all our possessions which we may have or shall acquire.
This was enacted 12 Kalends of June, A.D. 1235.
Signed: Berenguer Bailiff who confirms and validates.
[In Hebrew: Solomon confirms. Astrug, guarantor. Joseph, witness].
The signatures of two Christian witnesses, and the notary, Pere Carbonell, follow.
(Source: Arxiu Capitular de Barcelona 1-6-483)
2. The lawsuit (1242 September 1):
Case brought by the Jew Vidal Bonafos, on behalf of Solomon b. Saltell, against the heirs of Solomon's former partner over milling revenues.
A case arose between Vidal Bonafos, acting for Solomon Saltell, on one part, and Berenguer de Valle and Joan de Banyeres, and Maria and Guillema their wives, the defendants on the other part as follows: Vidal Bonafos acting for Solomon b. Saltell sued Berenguer de Valle and Maria his wife, and Joan de Banyeres and Guillema his wife. He alleged that Berenguer Bailiff had recognized in the charter he wrote Solomon that Solomon had a quarter share in the purchase of two years of [revenues of the] mills of Barcelona which he [Berenguer] made with Guillem Ferre, and that he had promised him, with his property as security, that he would give him his quarter share of the profit which those mills should earn in those two years, which [mills] Berenguer Bailiff returned to [the royal agent] Ramon de Plegamans, after holding them for one year. Considering that in the second year the profit could well have been 4000 solidi had he not returned them, since the said Berenguer de Valle and Joan de Banyeres hold and have the possessions of the said Berenguer Bailiff, and the said Maria and Guillema are the daughters and heirs of the said Berenguer Bailiff and the said Solomon has had nothing of the said profit, he demanded that the said Berenguer de Valle and Joan de Banyeres be ordered to give Solomon and his agent the quarter share of the profit which he estimates at 500 solidi of Barcelona.
To which the said Berenguer de Valle and Joan de Banyeres responded on their own behalf and for their wives for whom they were acting. They admitted that in the year 1235, Guillem Ferre and Berenguer Bailiff bought the mills from Ramon de Plegamans for two years, and that Berenguer Bailiff took Solomon d'en Saltell as a partner with a half of his own half share, and promised to give him a corresponding share in the profit as is stated in the document of recognition which Berenguer Bailiff made for Solomon. But, they said that they accounted for the first year in which nothing was earned -- on the contrary they lost in that year about 2000 solidi. Because of the stated loss which they suffered in that year, Guillem Ferre and Berenguer Bailiff no longer wished to hold the mills for the second year, and at their petition which they made to Ramon de Plegamans, the said Ramon de Plegamans took back the said mills and sold them to certain others . . . for the second year, which mills the said Guillem Ferre and Berenguer Bailiff gave up in the presence of the said Solomon and with his knowledge, and without his objection. They thus say that they owe Solomon nothing for the second year, for they did not hold them, nor for the first year, for they earned nothing from them; on the contrary, they lost 2000 solidi as is stated above, and they deny everything else written against them in the list of charges. Accordingly, the said agents [for Maria and Guillema] demand from Solomon d'en Saltell that he return to the said ladies, the heirs of their father [i.e. Berenguer Bailiff], the part belonging to him in the aforesaid, namely 500 solidi.
Over all of these issues and over the arguments made by both parties after the claims were made, we Guillem Ponç and Gerald de Marnia, jointly accepted arbitrators, having examined the proofs as they appear in the acts which were received, and having looked at Solomon's bill of sale made by Berenguer Bailiff for the quarter share of the mills, and the notes in the relevant notebook of the notary Pere Carbonell which Berenguer Bailiff made for Ramon de Plegamans of the mills and another note of the purchase which Arnau D'Arlet made from Ramon for one year, . . . having made a valid and accurate calculation of the profit of the said mills, [and having judged how much] Solomon lost from the profit which Arnau D'Arlet and his partner made in the said mills through the fault of Berenguer Bailiff, we sentence the said Berenguer de Valle and Joan de Banyeres and their wives to give Solomon and his agent 10 pounds 5 solidi which it seems to us according to the evidence that Solomon is owed from the profit for that year through the fault of Berenguer Bailiff, absolving both sides of all other claims. This sentence was given on the Kalends of September, A.D. 1242.
(Source: Arxiu Capitular de Barcelona 1-6-3475); Texts translated by Elka Klein.
Royal Grants to the Jewish Community of Barcelona, 1241-1271
ACA reg. 16 fo. 158; granted 1241
Let it be generally known that we James [I of Aragon] etc., concede to you the entire congregation of the Jews of Barcelona and give our license and permission that you may elect among you two or three honest and worthy men (prohoms) or more if you wish, according to your understanding, who shall diligently see and investigate those persons who should engage in any folly or say any harmful words to the other Jewish worthies (prohoms) on whom they shall have the power to impose penalties and fines, which we shall receive, and which in our place is to be given to our bailiff of Barcelona. By their own authority amongst you, they even may eject [them] either from your Call [the area of Jewish residence] or outside of Barcelona, according to how they should see fit to expel them. They also may judge cases between you of law, or suits and plaints [raised] by one Jew against another.
2. ACA reg. 21 fo. 32v; granted 1271
We James, king etc. We have learned of the denunciations made to Guillem Grony, bailiff of Barcelona, that there are many foolish (or: insane?) Jews in the Jewish Call of Barcelona who day and night because of their folly cause many injuries, insults and violences to the other Jewish worthies (prohoms). In order to avoid the follies of those bad Jews, and to improve further the good customs long in force among the Jews, at the urging of the community (universitas) of the Jews of Barcelona, thus we decree? . . . that the community can elect, impose or constitute one or two or many faithful and worthy Jewish prohoms, however many and whenever they wish, with Alatma or excommunication, as is customary between Jews (and if it should be necessary at any time, can remove them and substitute others in their place) who will work, see and investigate all of those perverse foolish Jews or whoever should injure or insult the other Jewish worthies by word or deed, day or night, whether within the Jewish Call or outside it, and that they shall ordain [that they shall] cease their sins and filthiness and whatever else is or seems to be against the law of the Jews and the good customs of the Jews which have long existed and been observed among them; they shall also ordain whatever else they need for the convenience of the community (aljama) of these Jews for the sake of either honor or utility; they can even impose a penalty or fine on those perverse fools, as they wish, which penalty or fine we shall have or our bailiff of Barcelona in our place. Moreover, those Jews who shall be elected or appointed by the Jews or by this community can eject or expell those foolish Jews from the Jewish Call or even from the entire city by our authority, however they see fit to get rid of them and coerce them by Alatma and other punishment? or by fines; We promise to uphold whatever shall be done and ordained by these Jews who shall be elected to this office or business as is said. Ordering . . . etc.
Las Siete Partidas: Laws on Jews, 1265
[Marcus Introduction] Las siete partidas, the Seven-Part Code, is one of the most remarkable law codes of medieval times. The code, written in the Castilian vernacular, was compiled about 1265, under the supervision of Alfonso X, the Wise (1252-1284), of Castile. Its laws, however, did not go into effect until 1348, and then only with certain reservations From Castile they spread to all of Spain and thence into the Spanish possessions in the Philippines, Porto Rico, Florida, and Louisiana. The sources of this code are largely Visigothic, later Roman, and Church law, all of which were hostile to the Jew. This hostility did not, however, deter the Castilian state from protecting scrupulously the Jewish religion as well as the person and property of the Jews. The Jews and Moors, national minorities, were too numerous and too important to be mistreated as yet by the new Castilian state.
TITLE XXIV: CONCERNING THE JEWS
Jews are a people, who, although they do not believe in the religion of Our Lord Jesus Christ, yet, the great Christian sovereigns have always permitted them to live among them....
LAW I. WHAT THE WORD JEW MEANS, AND WHENCE THIS TERM IS DERIVED
A party who believes in, and adheres to the law of Moses is called a Jew, according to the strict signification of the term, as well as one who is circumcised, and observes the other precepts commanded by his religion. This name is derived from the tribe of Judah which was nobler and more powerful than the others, and, also possessed any other advantage, because the king of the Jews had to be selected from that tribe, and its members always received the first wounds in battle. The reason that the church, emperors, kings and princes permitted the Jews to dwell among them and with Christians, is because they always lived, as it were, in captivity, as it was constantly La token] in the minds of men that they were descended from those who crucified Our Lord Jesus Christ.
LAW II. IN WHAT WAY JEWS SHOULD PASS THEIR LIVES AMONG CHRISTIANS; WHAT THINGS THEY SIIOULD NOT MAKE USE OF OR PRACTICE, ACCORDING TO OUR RELIGION; AND WHAT PENALTY THOSE DESERVE WHO ACT CONTRARY TO ITS ORDINANCES
Jews should pass their lives among Christians quietly and without disorder, practicing their own religious rites, and not speaking ill of the faith of Our Lord Jesus Christ, which Christians acknowledge. Moreover, a Jew should be very careful to avoid preaching to, or converting any Christian, to the end that he may become a Jew, by exalting his own belief and disparaging ours. Whoever violates this law shall be put to death and lose all his property. And because we have heard it said that in some places Jews celebrated, and still celebrate Good Friday, which commemorates the Passion of Our Lord Jesus Christ, by way of contempt: stealing children and fastening them to crosses, and making images of wax and crucifying them, when they cannot obtain children; we order that, hereafter, if in any part of our dominions anything like this is done, and can be proved, all persons who were present when the act was committed shall be seized, arrested and brought before the king; and after the king ascertains that they are guilty, he shall cause them to be put to death in a disgraceful manner, no matter how many there may be. [Christians already believed that Jews kidnapped and killed Christian children for religious purposes.]
We also forbid any Jew to dare to leave his house or his quarter on Good Friday, but they must all remain shut up until Saturday morning; and if they violate this regulation, we decree that they shall not be entitled to reparation for any injury or dishonor inflicted upon them by Christians. [Christians were prone to commit violence on Good Friday, the anniversary of the crucifixion of Jesus.]
LAW III, NO JEW CAN HOLD ANY OFFICE OR EMPLOYMENT BY WHICH HE MAY BE ABLF TO OPPRESS CHRISTIANS
Jews were formerly highly honored, and enjoyed privileges above all other races, for they alone were called the People of God. But for the reason that they disowned Him who had honored them and given them privileges; and instead of showing Him reverence humiliated Him, by shamefully putting Him to death on the cross; it was proper and just that, on account of the great crime and wickedness which they committed, they should forfeit the honors and privileges which they enjoyed; and therefore from the day when they crucified Our Lord Jesus Christ they never had either king or priests among themselves, as they formerly did. The emperors, who in former times were lords of all the world, considered it fitting and right that, on account of the treason which they committed in killing their lord, they should lose all said honors and privileges, so that no Jew could ever afterwards hold an honorable position, or a public office by means of which he might, in any way, oppress a Christian. [Nevertheless Alfonso entrusted his body and purse to Jewish physicians and financiers. ]
LAW IV. HOW JEWS CAN HAVE A SYNAGOGUE AMONG CHRISTIANS
A synagogue is a place where the Jews pray, and a new building of this kind cannot be erected in any part of our dominions, except by our order. Where, however, those which formerly existed there are torn down, they can be built in the same spot where they originally stood; but they cannot be made any larger or raised to any greater height, or be painted. A synagogue constructed in any other manner shall be lost by the Jews, and shal1 belong to the principal church of the locality where it is built. And for the reason that a synagogue is a place where the name of God is praised, we forbid any Christian to deface it, or remove anything from it, or take anything out of it by force; except where some malefactor takes refuge there; for they have a right to remove him by force in order to bring him before the judge. Moreover, we forbid Christians to put any animal into a synagogue, or loiter in it, or place any hindrance in the way of the Jews while they are there performing their devotions according to their religion. [But Moors were not allowed to have mosques. Jews were not at the bottom of the social scale. ]
LAW V. NO COMPULSION SHALL BE BROUGHT TO BEAR UPON THE JEWS ON SATURDAY, AND WHAT JEWS CAN BE SUBJECT TO COMPULSION
Saturday is the day on which Jews perform their devotions, and remain quiet in their lodgings and do not make contracts or transact any business; and for the reason that they are obliged by their religion to keep its no one should on that day summon them or bring them into court. Wherefore we order that no judge shall employ force or any constraint upon Jews on Saturday, in order to bring them into court on account of their debts; or arrest them; or cause them any other annoyance; for the remaining days of the week are sufficient for the purpose of employing compulsion against them, and for making demands for things which can be demanded of them according to law. Jews are not bound to obey a summons served upon them on that day; and, moreover, we decree that any decision rendered against them on Saturday shall not be valid; but if a Jew should wound, kill, rob, steal, or commit any other offense like these for which he can be punished in person and property, then the judge can arrest him on Saturday.
We also decree that all claims that Christians have against Jews, and Jews against Christians, shall be decided and determined by our judges in the district where they reside, and not by their old men. [Jewish courts have no jurisdiction if one of the parties is a Christian.] And as we forbid Christians to bring Jews into court or annoy them on Saturday; so we also decree that Jews, neither in person, nor by their attorneys, shall have the right to bring Christians into court, or annoy them on this day. And in addition to this, we forbid any Christian, on his own responsibility, to arrest or wrong any Jew either in his person or property, but where he has any complaint against him he must bring it before our judges; and if anyone should be so bold as to use violence against the Jews, or rob them of anything, he shall return them double the value of the same.
LAW VI. JEWS WHO BECOME CHRISTIANS SHALL NOT BE SUBJECT TO COMPULSION; WHAT ADVANTAGE A JEW HAS WHO BECOME A CHRISTIAN; AND WHAT PENALTY OTHER JEWS DESERVE WHO DO HIM HARM
No force or compulsion shall be employed in any way against a Jew to induce him to become a Christian; but Christians should convert him to the faith of Our Lord Jesus Christ by means of the texts of the Holy Scriptures, and by kind words, for no one can love or appreciate a service which is done him by compulsion. We also decree that if any Jew or Jewess should voluntarily desire to become a Christian, the other Jews shall not interfere with this in any way, and if they stone, wound, or kill any such person, because he wishe5 to become a Christian, or after he has been baptized, and this can be proved; we order that all the murderers, or the abettors of said murder or attack, shall be burned. [This law was first issued by Constantine the Great in 315] But where the party was not killed, but wounded, or dishonored; we order the judges of the neighborhood where this took place shall compel those guilty of the attack, or who caused the dishonor, to make amends to him for the same; and also that they be punished for the offence which the committed, as they think they deserve; and we also order that, after any Jews become Christians, all persons in our dominions shall honor them; and that no one shall dare to reproach them or their descendants, by way of insult, with having been Jews; and that they shall possess all their property, sharing the same with their brothers and inheriting it from their fathers and mothers and other relatives just as if they were Jews; and that they can hold all offices and dignities which other Christians can do.
LAW VII. WHAT PENALTY A CHRISTIAN DESERVES WHO BECOMES A JEW
Where a Christian is so unfortunate as to become a Jew, we order that he shall be put to death just as if he had become a heretic; and we decree that his property shall be disposed of in the same way that we stated should be done with that of heretics.
LAW VIII. NO CHRISTIAN, MAN OR WOMAN, SHALL LIVE WITH A JEW
We forbid any Jew to keep Christian men or women in his house, to be served by them; although he may have them to cultivate and take care of his lands, or protect him on the way when he is compelled to go to some dangerous place. Moreover, we forbid any Christian man or woman to invite a Jew or a Jewess, or to accept an invitation from them, to eat or drink together, or to drink any wine made by their hands. [Jewish law also forbade the use of Christianmade wine.] We also order that no Jews shall dare to bathe in company with Christians, and that no Christian shall take any medicine or cathartic made by a Jew; but he can take it by the advice of some intelligent person, only where it is made by a Christian, who knows and is familiar with its ingredients. [Alfonso probably had a Jewish physician the very time he issued this law.]
LAW IX. WHAT PENALTY A JEW DESERVES WHO HAS INTERCOURSE WITH A CHRISTIAN WOMAN
Jews who live with Christian women are guilty of great insolence and boldness, for which reason we decree that all Jews who, hereafter, may be convicted of having done such a thing shall be put to death. For if Christians who commit adultery with married women deserve death on that account, much more do Jews who have sexual intercourse with Christian women, who are spiritually the wives of Our Lord Jesus Christ because of the faith and the baptism which they receive in His name; nor do we consider it proper that a Christian woman who commits an offense of this kind shall escape without punishment. Wherefore we order that, whether she be a virgin, a married woman, a widow, or a common prostitute Who gives herself to all men, she shall suffer the same penalty which we mentioned in the last law in the Title concerning the Moors, to which a Christian woman is liable who has carnal intercourse with a Moor [i.e., confiscation of property, scourging, or death].
LAW X. WHAT PENALTY JEWS DESERVE WHO HOLD CHRISTIANS AS SLAVES
A Jew shall not purchase, or keep as a slave, a Christian man or woman, and if anyone violates this law the Christian shall be restored to freedom and shall not pay any portion of the price given for him, although the Jew may not have been aware when he bought him, that he was a Christian; but if he knew that he was such when he purchased him, and makes use of him afterwards as a slave, he shall be put to death for doing so. Moreover, we forbid any Jew to convert a captive to his religion, even though said captive may be a Moor, or belong to some other barbarous race. If anyone violates this law we order that the said slave who has become a Jew shall be set at liberty, and removed from the control of the party to whom he or she belonged. If any Moors who are the captives of Jews become Christians, they shall at once be freed, as is explained in the Fourth Partida of this book, in the Title concerning Liberty, in the laws which treat of this subject [but Christians, including the Church, were allowed to own Christian slaves].
LAW XI. JEWS SHALL BEAR CERTAIN MARKS IN ORDER THAT THEY MAY BE KNOWN
Many crimes and outrageous things occur between Christians and Jews because they live together in cities, and dress alike; and in order to avoid the offenses and evils which take place for this reason, We deem it proper, and we order that all Jews, male and female, living In our dominions shall bear some distinguishing mark upon their heads so that people may plainly recognize a Jew, or a Jewess; and any Jew who does not bear such a mark, shall pay for each time he is found without it ten maravedis of gold; and if he has not the means to do this he shall receive ten lashes for his offense. [This is an attempt to put into effect the "Jew-Badge" law of Pope Innocent III, 1215.]
BIBLIOGRAPHY
READINGS FOR ADVANCED STUDENTS
Graetz, 111, pp. 592-96, 615-617; GraetzRhine, 111, pp. 349-53; Margolis and Marx, pp. 419-29
Lindo. E. H., The History of the Jews of Spain and Portugal, pp. 78 9l.
ADDITIONAL SOIJRCE MATERIALS IN ENGI.ISH
Scott, S. P., Las siete partidas, an English translation of the code. This contains the complete body of laws dealing with the Jews, of which the above is but an excerpt.
Lindo, E. H., The History of the Jews of Spain and Portugal, Chap. x. Contains translations of sections of Las siete partidas.
SOURCE: Jacob Marcus, The Jew in the Medieval World: A Sourcebook, 315-1791, (New York: JPS, 1938), 34-42
Jewish Views of Royal Monetary Policy in Aragon, 13th Century
The following two thirteenth-century rabbinic responsa (answers to legal questions) both address the question of the legality (in Jewish law) of royal manipulations of the coinage. The implications of the answer related to the legitimacy of resisting the imposition of the new coinage. Both responsa center around an analysis of the Talmudic dictum, "the law of the kingdom is the land." Both also address perceptions of royal authority and royal legislation.
I. Nahmanides (Ramban)
Your question: was about the king, who changed the [value of] the coinage, and revalued it considerably, and made a general decree that this coinage should be valid for the payment of debts and all other matters of loans in place of the old coinage.
Answer: From your words, I learned that you rely on the opinion of some of the sages of the previous generation who taught that the principle "the law of the kingdom is the law" (Baba Kamma 113ab, Baba Batra 54b, Gittin 10b) only applies to business relating to the king's own needs, as when "[royal officials] cut down palm-trees and build bridges [with expropriated wood] to make themselves a road" (Baba Kamma 113b), or in a land where they levy the land-tax (tasqa) where the king said that "whoever pays the land tax shall have the benefit [from the land]" (i.e. anyone willing to pay the taxes may take possession of the land of those refusing to pay; since the king levies land-taxes, he may determine who owns land) (Baba Batra 54b). In truth, this reasoning has been transmitted to us from some of our teachers.
Nevertheless, I do not agree with you that matters of coinage are not royal prerogatives; since they [kings] control the coinage, they mint it, and disseminate it through their lands, if the valuation of coinage were not their [business], they have lost [all the benefit to them from their rights over coinage]. This law is equivalent to the law about taxable land, to which the decrees of the king apply, that is that "whoever pays the landtax shall have the benefit [of the land]" . . .
(Having argued that even if the application of "the law of the kingdom is the law" is limited to cases of direct benefit to the king, the king has the right to manipulate the coinage (as might be suggested by the two Talmudic texts cited so far), Nahmanides offers a third text which supports a broader application of the principle:)
Furthermore, with regard to documents drawn up in the courts of idolaters, [most of which are accepted as valid in Jewish courts], the Talmud poses the question that while this rule makes sense in the case of a bill of sale, in which money changes hands], "but in the case of a gift, how does the recipient formally acquire the gift? Can it be by means of the document? but is this document not just a mere piece of clay? [On the contrary,] Samuel said, 'the law of the kingdom is the law."' (Gittin 10b) This makes clear that they based the validity of documents of [non-Jewish] courts on "the law of the kingdom." All such documents are valid, even if they have nothing to do with royal affairs. . . .
(The responsum continues with a detailed exposition of the exact application of the principle "the law of the kingdom is the law." -- In brief, Nahmanides argues that the principle applies solely to traditional laws of the kingdom, and traditional royal prerogatives, applicable to the entire kingdom, but not to new laws passed on a whim, or applicable unevenly. He returns to the specific issue of the king's control over the value of the coinage, and concludes:)
And with regard to an increase [as opposed to a devaluation] in the coinage in which the king decreed that a quantity of this coinage should be paid in place of the same quantity of the old coinage, which you said would fall under the prohibition against charging interest, even so his decree is law. For this increment is not paid because of the agreement or at the will of the parties [to the debt contract], and if it were not for the royal decree, it would not be interest but robbery. Given that the royal degree is law, and his act of confiscation is valid, this is neither interest nor robbery. In any case, kings today do not usually lower the value of the coinage, but raise it.
Source: Teshuvot haramban, ed. C. Chavel, no. 47; Sefer haTerumot, ed. A Goldshmit, 46.8.5).
II. Solomon b. Abraham Adret (Rashba)
You asked: about one who loaned his friend a sum of money, and the king then changed the coinage, and the new coinage is worth considerably less than the old, i.e. that 100 original dinars are worth 130 of the new dinars. The borrower claims that he only has to pay the amount in the new dinars as ordered by the king and the lender claims that he has to pay according to the original coinage as is written in the loan document, and moreover, that they are not worth so much. Tell me whose claim is correct.
Answer: (Adret gives various opinions, and concludes):
As for me, I tend to agree with R. Alfasi [that if the devaluation was more than a certain amount, the borrower should pay according to the original coinage]. In any case, if this is a royal proclamation, he can decree how much the borrower shall give the lender in the change of coinage, and the law is according to whatever the king decrees. At one point, I asked the gentile sages, and they said that it is one of the royal prerogatives (lit: the laws of the king) that he can say "this coinage is changed by this much," and thus, we accept that it is "the law of the kingdom."
(Teshuvot haRashba, vol 3, no. 34).
Historical background: monetary policy in the Crown of Aragon
As both Nahmanides and Adret well knew, control of the coinage was indeed a royal prerogative, and a profitable one. The kings could profit either by manipulating the value of the coinage or by levying a tax in exchange for promises not to change it. In reality, the temptation to debase the coinage for short-term gain was held in check by the commercial importance of a strong coinage. James I debased the old "quaternal" coinage (containing 4/12 silver) to a new "doblench" coinage (containing only 2/12) in 1222, and then overvalued the new coins by 25%. This coinage proved too weak, and in 1258, James increased the quantity of silver to 3/12 ("ternal"). (For more information on this subject, see Thomas Bisson, The Medieval Crown of Aragon; for really technical information, see idem, Conservation of Coinage).
Source. Translated by Elka Klein
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