Beruflich Dokumente
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MIN
(second/eighth-ninth/fifteenth centuries)
as the building blocks of the legal framework in which jurists and rulers of
addressed is the legal status accorded to imm-s (Jews and Christians) in the
ISBN 978-2-503-54854-8
9 782503 548548
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1
/NSPHERESOF)SLAMICLAWOUTSIDEQH, and especially SIYSAthe discretionary authority
EXERCISEDBYTHERULERANDSTATEOCIALSINCLUDINGTHEUSEANDTHREATOFVIOLENCEASMEANSOF
ENFORCEMENT SEE4YAN(ISTOIREDELORGANISATIONJUDICIAIREPP
(ODGSON4HE6ENTUREOF
)SLAMPP
,EWIS3IYASAPP
-ASUD4HE$OCTRINEOF3IYSAIN)SLAMIC,AWPP
THE LEGAL STATUS OF )--
3 IN THE ISLAMIC WEST, Maribel FIERRO and John TOLAN
Turnhout, 2013, (Relmin 1) pp. 307-332
FHG
DOI 10.1484/M.RELMIN-EB.1.101823
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308
MARINA RUSTOW
under the rubric of MALIM, IMM
S were subject to the same treatment, regulations, and procedures as Muslims.2
The premises of the MALIM procedure were that anyone could approach
THERULERWITHREQUESTSORCOMPLAINTSABOUTINJUSTICES!RMALIM ESPECIALLY
THOSEPERPETRATEDBYOCIALSANDTHATSUBJECTSSHOULDHAVERECOURSETOA
higher authority than the one against whom they were lodging the complaint.3 In practice, the range of cases included far more than complaints
AGAINSTINJUSTICEONEALSONDSTHERESOLUTIONOFCONICTSTHATFORVARIOUS
reasons could not be brought before Q or IMMcourts, or that had already
BEENBROUGHTBEFORETHEMANDNOWCAMEBEFORETHESTATEONAPPEALREQUESTS
for investiture; and appeals for aid in matters personal, collective, or
institutional.
The MAlim procedure has a long history in the Islamic world. It already
existed in fairly elaborate form under the early Abbasids; the Fatimid caliphs
TOOKITOVERFROMTHEMTHE3ELJUQSAND!YYUBIDSMAINTAINEDITANDHOUSEDIT
in what they called a DRADLPALACEOFJUSTICE THE-AMLUKSADDEDANELABOrate ceremonial and ritualized choreography for the submission and answering of petitions; and it was in use, with recognizable continuities, up through
the end of the Ottoman period. Under all these dynasties, subjects could petiTIONREGIONALOCIALSHIGH
RANKINGBUREAUCRATSANDCOURTIERSORTHERULER
directly. But despite the openness of the system, if you wanted your petition
to be answered, it helped to have the right connections; and we cannot assume
that all petitioners received responses.
Nonetheless, the openness of the system is striking. But the MALIMsystem was not simply a manifestation of the liberality of caliphs and sultans. In
fact, it served the rulers self-interest in several ways. Chancery bureaucrats
in their manuals and compendia emphasize the importance of the procedure
2
4HE'ENIZAALSOPRESERVEDDOZENSOF)SLAMICLEGALDOCUMENTSTHATSHOWIMM
SBRINGING
cases in Islamic courts. These can be of great value in understanding how Jews and Christians
utilized the Islamic court system for their own ends. Nearly seventy have been edited and more
are cited in Khan, !RABIC,EGALAND!DMINISTRATIVEDOCS
MANYMOREREMAINUNPUBLISHED
3
&ORSOMEMEDIEVALNARRATIVEANDPRESCRIPTIVESOURCESATTESTINGTOTHISSEE4YAN(ISTOIREDE
LORGANISATIONJUDICIAIREPP
&ORASTILLEXCELLENTINVESTIGATIONOFMALIM in medieval QH, historiography, and chancery
manuals, see Tyan, (ISTOIREDELORGANISATIONJUDICIAIREPP
&ORHISTORICALACCOUNTSSEE
ONTHE!BBASIDPERIODVAN"ERKEL!BBSID-ALIM between Theory and Practice and Tillier,
1s and the Political Use of the -ALIM*URISDICTIONPP
ONTHECONTINUITIESAND
changes between the Abbasid and Fatimid periods, see Rustow, Justice as Performance: The
0ETITIONAND2ESPONSE0ROCEDUREINTHE&ATIMID2EALMONTHE:ENGIDSSEE2ABBAT4HE
)DEOLOGICAL3IGNICANCEOFTHE$RAL
!DLPP
ONTHEEARLY-AMLKPERIODWITHMUCHON
THE3ELJUQSAND!YYUBIDS SEE.IELSEN3ECULAR*USTICEINAN)SLAMIC3TATE; on the later Mamluk
period, see Fuess, ULMby -ALIMPP
ANDFORALONG
DUREVIEWWITHAFOCUSON
/TTOMAN COMPLAINTS ABOUT OVERTAXATION SEE $ARLING 2EVENUE
2AISING AND ,EGITIMACY, pp.
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
309
for the rulers reputation and thus his sovereignty and legitimacy (or hers; at
least one female ruler, the Fatimid princess Sitt al-Mulk, received petitions
FROMHERSUBJECTSTWOOFWHICHWILLBEDISCUSSEDBELOW /NEHEADOFTHELATE
&ATIMIDCHANCERY)BNAL
AYRAF
DESCRIBEDTHECENTRALITY
of MALIM to sovereignty and legitimacy in the following manner: issuing
rescripts and decrees in response to petitions concerning grievances is a
particularly important aspect of the chancerys work, because
it involves people claiming justice (MUQTAIYanANF FROMONEANOTHERANDTHE
establishment of justice (IQMATNMSAL
ADL INTHEREALM!LSOMOSTOFTHOSE
with a grievance (AL
MUNALIMN AREPOWERLESSPEOPLEPAUPERSANDRETIRING
women, most of whom arrive from distant parts of the realm, believing that
they are approaching someone who will help them and redress their grievances and assist them against their adversaries.5
)BNAL
AYRAFWASUTTERLYHONESTABOUTTHEELEMENTOFAPPEARANCEIFMOST
people believed that they were seeking justice from someone actually in a
POSITIONTOOERITTOTHEMTHENTHEREGIMEHADTOOERTHEMTHISSOTHATTHE
ruler could establish justice in the realm. The MALIMprocedure was, then,
at least in part about popular legitimacy.
More immediately, however, MALIMserved rulers interest by allowing
THEMTORECEIVECOMPLAINTSABOUTABUSIVEOCIALSITISFROMTHISASPECTOFTHE
procedure that the name derived. Subjects who petitioned the state with comPLAINTSABOUTMISTREATMENTATTHEHANDSOFOCIALSPOSSESSEDAPOWERFULALLY
in the ruler, and the MALIMprocedure in principle guaranteed their rights
against those more powerful. This was one reason the procedure protected
Muslims and IMM
S EQUALLY IT WAS PRECISELY ABOUT PROTECTING THE WEAK
against the strong. Not only could IMM
S appeal the decisions of Q courts;
THEYCOULDSUBMITPETITIONSREQUESTINGEXEMPTIONSFROMSHAR statutes, such
ASTHEOBLIGATIONTOPAYTHEIZYA
This paper brings some of the MALIM cases attested in the documents and
HIGHLIGHTSTHEJUSTICATIONSTHEYPRESENTASABASISFORTHEIRDECISIONSWHICH
cast light on the relationship the state maintained with its religious minorities, with its subjects more generally, and with institutions of QH. I will
conclude by suggesting how the documents might also help the study of the
Islamic west by outlining, at least provisionally, a region of the legal status of
IMM
SBEYONDTHECONNESOFTHEARA
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310
MARINA RUSTOW
7KHGRFXPHQWV
The corpus of MALIMdocuments from the Fatimid period is considerable,
and there is similar material preserved for the Ayyubid and Mamluk periods
ASWELLTHOUGHPROPORTIONALLYLESSOFIT -ORETHANONEHUNDREDSUCHDOCUments have been published6 and another forty-seven cited; in the course of
the research I am now conducting on Fatimid state documents, I have identiEDANADDITIONALONEHUNDREDFTYUNPUBLISHEDONES-OSTOFTHESEWERE
preserved in the Cairo Geniza, a storage chamber for discarded texts built into
THE MEDIEVAL 3YRO
0ALESTINIAN
RITE SYNAGOGUE IN &US 3OME COME FROM
other sources, including the archive of the monastery of St. Catherine in Sinai,
THEEXCAVATIONSAT/XYRHYNCHUSAL
"AHNASINTHE&AYYMANDOTHERPAPYrological caches. The MALIM-related texts include four types of document:
petitions to and decrees from caliphs, sultans and viziers, in draft, original,
and copy; decrees issued by the state, again in draft, original, and copy; interNALCHANCERYDIRECTIVESALLORIGINALS ANDLETTERSTHATDISCUSSMALIMcases
ANDOERDETAILSASTOWHATBROUGHTABOUTTHEAPPEALTOSTATEJUSTICEORELSE
attest to some aspect of procedure.
The documents demonstrate that petitions were brought in three basic
SITUATIONSBEYONDCOMPLAINTSABOUTOCIALABUSEIMMLEADERSREQUESTED
INVESTITURESINOCEWHENTHEYWEREAPPOINTEDORWHENANEWRULERACCEDED
to the throne; factions of IMM
S lodged petitions for the resolution of communal disputes; and individuals (both IMMAND-USLIM LODGEDAPPEALSFOR
aid. The range of cases demonstrates that MALIMprocedure extended well
BEYONDCOMPLAINTSABOUTOCIALSSUBJECTSUSEDITASANADMINISTRATIVEPRO-
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
311
CEDURETHATCOULDOERTHEMACCESSTOJUSTICEABOVETHEJURISDICTIONALLEVELOF
the Qcourts and to the authority of the state when needed.
The surviving MALIMDOCUMENTSTENDTOCITEALIMITEDRANGEOFJUSTICATIONSFORTHEREQUESTSTHEYMAKEINTHECASEOFPETITIONS ORTHEDECISIONSTHEY
RENDERINTHECASEOFDECREES 4HEMOSTFREQUENTJUSTICATIONSTHEYOERIN
cases brought by IMM
SAND-USLIMSALIKEAREPRIORPRECEDENTANDTHEPERSONALQUALITIESOFTHESOVEREIGNSUCHASHISAUTHORITYHISCOMMITMENTTO
justice, and his divinely ordained sovereignty. IMMcases cite an additional
PRINCIPLE THE LAWS AND CUSTOMS OF THE RELIGIOUS COMMUNITY IN QUESTION
Missing from most of the documents are appeals to ARA or the interpretations of the FUQAH4HATTHEJUSTICATIONSFALLWITHINTHISRANGEREGARDLESSOF
the type of case already suggests the independence of the MALIMtribunals
from the legal system as constituted and maintained by judges and jurists.
)NWHATFOLLOWS)WILLOERAFEWEXAMPLESOFEACHTYPEDRAWINGOUTTHEIR
implications for IMM status and MALIM justice, and ending with cases
LODGEDAGAINSTMID
LEVELOCIALS
5HTXHVWVIRULQYHVWLWXUH
&ORGINGARELATIONSHIPDIRECTLYWITHTHEHIGHESTRULINGAUTHORITYANDBYPASSINGMID
LEVEL
OCIALSISANARRANGEMENTWIDESPREADINVARIOUSMEDIEVAL*EWISHCONTEXTSFORWHICH"ARON
coined the term royal alliance; see his !3OCIALAND2ELIGIOUS(ISTORYOFTHE*EWSVOLPP
Baron, Plenitude of Apostolic Powers and Medieval Jewish Serfdom; Baron, Medieval
Nationalism and Jewish Serfdom; Baron, 3OCIALAND2ELIGIOUS(ISTORYOFTHE*EWSVOLPP
The concept was greatly expanded and deepened in Yosef Hayim Yerushalmis work on the
Iberian peninsula and, eventually, on other settings from the Roman Empire to the Warsaw
Ghetto; see Yerushalmi, 4HE,ISBON-ASSACREOF; Yerushalmi, Serviteurs des Rois et non
serviteurs des serviteurs; and my comments in Rustow, La notion dalliance royale et
Yerushalmi pour matre. But in the medieval Islamic context, if not in others, this notion
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312
MARINA RUSTOW
THEIRINVESTITUREDOCUMENTSNOTONLYWHENTHEYTHEMSELVESROSETOOCEBUT
also with each successive ruler. For the leaders themselves, such documents
bolstered their authority by strengthening their hand in case of jurisdictional
CONICTS10 or laying the groundwork for intervention by the police or other
AGENTSOFSTATECOERCIONURA; RIla 11; but it also strengthened the ruler by
setting him up as the patron and personal protector of high-ranking
IMM leaders.
$OCUMENTSOFINVESTITUREWERETHENSOMEWHATPARADOXICALTHEYGRANTED
IMMgroups the right to shape and practice their religious customs under
the sole authority of their appointed leader, free from the hindrance of the
state; but they granted that right in the form of a document issued on appeal
to the state. Jewish and Christian leaders did not, however, regard it as a paradox, for one simple reason: they set the terms of their own appointment, and
THESOVEREIGNMERELYRATIEDITFROMABOVE
REQUIRESCAREFULRECONSIDERATIONONATLEASTTWOCOUNTSALINKTOTHERULERDIDNOTNECESSARILY
EXCLUDELINKSTOLOWER
LEVELOCIALSSEENN
BELOWANDTHEPETITIONSTOLOWEROCIALSIN
Khan, !RABIC,EGALAND!DMINISTRATIVE$OCUMENTSDOCS
ANDTHESTRUCTUREOFTHE)SLAMIC
state itself tended to encourage direct links to the ruler, so Jews were by no means exceptional
in forming them.
10
4HEgaon OF*ERUSALEMELOMOBEN9EHUDA
WHENTHREATENEDBYARIVALCLAIMANT
TOHISTITLEANDPOSITIONIN
CAMETOTHELATTERSTURFIN2AMLAARMEDWITHANEDICT
(TAWQ THAT WAS PROBABLY A RECONRMATION IN OCE FROM LOCAL OCIALS 3EE #AMBRIDGE
5NIVERSITY,IBRARY-3/R*'IL0ALESTINE$URINGTHE&IRST-USLIM0ERIODDOCDISCUSSED
in Rustow, (ERESYANDTHE0OLITICSOF#OMMUNITY, pp. 305-306.
11
-OBILIZINGSTATECOERCIONWASAPPARENTLYANOPTIONOPENTOOTHERHIGH
RANKINGIMMOCIALSASWELL4HUSINANDTHEELDERSOFTHE*ERUSALEMYEIVAcalled upon the Fatimid
governor of Jerusalem to attend the Jewish pilgrimage festival of the Mount of Olives in order
to prevent the gaon from declaring an excommunication against the Qaraites (for details, see
Rustow, (ERESYANDTHE0OLITICSOF#OMMUNITY, pp.
AND
LIKEWISEINTHESPRINGOR
SUMMEROFAFACTIONOF*EWSSUPPORTINGELOMOBEN9EHUDAASgaon against the rival
MENTIONEDABOVEN PETITIONEDTHECHANCERYOFAL
-USTANIRCOMPLAININGTHATTHERIVALS
supporters had overpowered them with RIlaANDREQUIREDTHEMTOOBSERVECUSTOMS NOT
permissible according to their religious convictions and threatened imprisonment and all
KINDSOFTERRIBLETHINGS#AMBRIDGE5NIVERSITY,IBRARY4AYLOR
3CHECHTERHEREAFTER4
3 !R
/XFORD"ODLEIAN,IBRARY-3(EBBIN3TERN0ETITIONTOTHE&IMID#ALIPH
AL
-USTANIRPP
AND'IL0ALESTINEDOCSEEALSO2USTOW(ERESYANDTHE0OLITICSOF
#OMMUNITYPP
!NOTHERDOCUMENTTHATMUSTBERECONSIDEREDINTHISCONTEXTISADEPOSITIONOFINWHICHABROTHERBRINGSLEGALACTIONAGAINSTHISSISTERFORPURSUINGHERINHERITANCE
from her father in an Islamic court; the Fatimid military police (RILA TAKETHEBROTHERTOTHE
QTOHAVEHIMSURRENDERHERSHARE4
3*4
3*ADOCUMENTJOINEDBY/DED
:INGERTOPHALFPUBLISHEDMOSTRECENTLYIN'IL0ALESTINEDOCCFTHEDISCUSSIONIN2USTOW
(ERESYANDTHE0OLITICSOF#OMMUNITY, pp.
BOTTOMHALFAVAILABLEONLINEIN'OITEINSEDITION
THROUGHTHE0RINCETON'ENIZA0ROJECTENTIREDOCUMENTTOBERE
EDITEDIN:INGERSDISSERTATION
IN
PROGRESSONWOMENANDCOURTDOCUMENTSFROMTHE'ENIZA$EPARTMENTOF.EAR%ASTERN
3TUDIES0RINCETON5NIVERSITY
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
313
OVERALLTHE#HRISTIANSDWELLINGINHISTHECALIPHS DOMINIONANDLIVING;IN=
the provinces of his kingdom, so that he may execute their legacies (MAWRTH15
12
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314
MARINA RUSTOW
ASREQUIREDBYWHATISSTATEDANDARTICULATEDINITTHE#HRISTIANSRELIGION
BOTHSPECICALLYANDGENERALLY
The commander of the faithful is the most worthy person to execute the insTRUCTIONSOFHISANCESTOR;THECALIPHAL
-USTANIR=ANDTO
act upon his noble and glorious deeds, which are found in his noble and glorious SUNNA to water what he has planted and to elevate what he has built and
FOUNDED(EHASEXECUTEDINAGLORIOUSANDMAGNICENTMANNERTHEINSTRUCtions of this gracious decree: he has made these Christians conform to his
mighty judgments and strengthened his sacred and established principles. He
ASSUMESTHERESPONSIBILITYFORTHEWELFAREOFTHEMEMBERSOFRELIGIOUSGROUPSMILL
ANDIMMS(EOERSCONSIDERATIONANDJUSTICETOHEWHOISWEAKSOTHATHEMAYBE
EQUALTOTHESTRONG.
He has delegated the present authority to them on the basis of the precedent
SETBYHISANCESTORSALACUNAINTHETEXTFOLLOWS ANDWITHTHESANCTIONOF
THEINSTRUCTIONSISSUEDINTHEIRTIMESTOFOLLOWTHISPRECEDENT ANDTOCONTINUE
TOACTASISCUSTOMARYINTHEKNOWLEDGETHATTHEYTHECALIPHS ARETHEREPREsentatives of God on earth.
He, praise him, has granted them the power to extend or restrain. Their clients
(AWLIYUHUM ARECLOTHEDINTHEIRJUSTICETHEYSHOWCONCERNFORANDDEFEND
their subjects (RIYAHUM REGARDLESSOFRANK16
Here we see three motives for the caliphs decision to bestow on this
Christian leader the benefaction of a decree of investiture. First, the caliph
upholds IMMLAWSANDCUSTOMSTHEIRLEGACIESASREQUIREDBYWHATISSTATED
and articulated in their religion. Second, the caliph acts according to precedent, here variously called the SUNNA, the precedent or the instructions
set by his ancestors, the sanction of the instructions issued in their times,
ANDORDERSISSUEDBYAL
-USTANIRANDBYAL
MIR Third, the caliph decides
INACCORDANCEWITHTHEQUALITIESOFCALIPHSINGENERALTHEIRAUTHORITYTHEY
ARETHEREPRESENTATIVESOF'ODONEARTH THEIRCONCERNFORTHEIRSUBJECTS
THEYSHOWCONCERNFORANDDEFENDTHEIRSUBJECTSREGARDLESSOFRANK AND
THEIRDUTYTODISPENSEJUSTICETHEIRCLIENTSARECLOTHEDINTHEIRJUSTICE IMM
CUSTOMPRIORPRECEDENTANDSOVEREIGNBENEFACTIONTHISTRIPARTITEJUSTICAtion for MALIM decisions is typical of the documents and recurs in them.
)FSOMEOFTHESEDOCUMENTSCITEASJUSTICATIONTHERULERSDUTYTOUPHOLD
IMMCUSTOMSHOWDIDRULERSKNOWWHATTHOSECUSTOMSWERE4HEYKNEW
16
-YEMPHASIS)HAVEALTERED+HANSTRANSLATION
)FONEACCEPTSMYRECONSTRUCTIONOFTHEANTECEDENTOFTHEPRONOUNINTHISSENTENCEBUTTHE
SAMETYPEOFSTATEMENTISWELLATTESTEDINOTHERDOCUMENTSSEENEXTPARAGRAPH
)TISNOTEWORTHYTHATTHEINTERVENINGCALIPHATEOFAL
-USTALISNOTMENTIONED4HISMAY
simply be because the privilege had not been renewed during his caliphate.
!DECREEOFAL
FROMTOTHEMONKSOF3INAIMERGESTHE
SECONDTWOMOTIVATIONSINTOONEITDEPICTSTHECALIPHASDIRECTINGTHEAAIRSOFTHECOLLECTIVITY
of Muslims as well asIMM
s, in the manner corresponding to his accustomed good-will. Stern,
&IMID$ECREESDOC
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
315
because they asked IMM
S themselves to testify on the matter. This is clear
FROMANINVESTITUREREQUESTFROMTHEgaon of Jerusalem (the head of the YEIVA
OF*ERUSALEMANDTHERELIGIOUSLEADEROFTHERABBINIC*EWSINTHE&ATIMIDSTATE
ELOMO BEN 9EHUDA TO THE &ATIMID CALIPH AL
-USTANIR ON THE
OCCASIONOFTHELATTERSACCESSIONTOTHECALIPHATEIN4HEPETITION
HASNOTSURVIVEDBUTTHE'ENIZAHASYIELDEDTHEDRAFTOFARELATEDDOCUMENT
EITHERPARTOFTHEPETITIONORASEPARATETESTIMONYACCOMPANYINGITINWHICH
the gaons Cairo-based supporters list all the prerogatives that he had exerCISEDDURINGHISPREVIOUSELEVENYEARSINOCERENDERINGLEGALDECISIONSIN
Jewish courts; authorizing Jewish marriages and divorces; generally enforcing
Jewish law; imposing and cancelling bans of excommunication; appointing
and dismissing members of the yeshiva and judges; appointing cantors for the
synagogues and kosher butchers for the markets; and supervising the community leaders and the court trustees. The gaons followers simply informed
the caliph of these privileges, and the caliph was expected to ratify his appointment based on their word.20
One of the remarkable aspects of these documents is the way they demonstrate IMMLEADERSTOHAVEBEENUENTINTHEARCANAOFFORMULARYDIPLOMATIC
ANDJUSTICATORYRHETORIC2EQUESTSFORINVESTITUREBORROWFREELYFROMPRIOR
decrees (a point that indirectly demonstrates the existence of IMMarchives
EVENWHERENONEHAVESURVIVED ANDTHEYSOMETIMESUSETHISKINDOFRHETORIC
even in internal communal correspondence. Such is the case in a letter of
1025, in which the gaon elomo ha-Kohen ben Yehosef (who served for only
SIXMONTHS WRITESTOHIS*EWISHSUPPORTERSIN#AIROASKINGTHEMTOSUBMITA
PETITIONFORINVESTITUREONHISBEHALFTOAL
HIR 4HE
gaon WROTETHELETTERINALENGTHYANDORIDMANNERINBEAUTIFULLYCALLIGRAPHIC(EBREWANDONAONCE SPLENDID
LOOKINGROTULUSPROBABLYMORETHAN
one meter long; the physical presentation of the letter and the choice of
(EBREWWERECLEARLYINTENDEDASSIGNIERSOFHISNEWLYASSUMEDGAONICAUTHORITY9ETTHEONLYWAYTOMAKESENSEOFTHESECTIONREQUESTINGANINVESTITURE
decree is to assume an Arabic 6ORLAGEBEHINDTHEORID(EBREWPROBABLYTHE
arenga of a rescript of investiture that one of his predecessors had received:
FORHETHECALIPH LOOKSAFTERHISOCKHEWRITESANDALSOAFTERTHESLAVES
OFHISREALMAVEDEYMALUTO WHOAREKNOWNTOHIMANDWERE ALSOKNOWN
TOHISESTEEMEDFATHERSINTHEIRETERNAL REST(ETHENTIPSHISHANDANDDEmonstrates that he has been consulting previous documents of appointment:
for three of his ancestors have granted a benefaction to us (i.e., to previous
GEONIM SINCEWEPOSSESSTHEIRDECREESNITAVNAM THEDECREEOFHISGREAT
20
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316
MARINA RUSTOW
grandfather, of his grandfather, and the decree of his father. Let him (the
CALIPH COMPLETETHOSEWITHHISOWNDECREE21 Precedent worked from both
sides, then: the testimony of the gaonSSUPPORTERSSUCEDTODETERMINETHE
SHAPEOFHISOCEANDTHEDECISIONOFTHECALIPHSPREDECESSORSTOISSUEINVESTITURESJUSTIEDHISNOWDOINGSO22
4HEFACTTHATAPPOINTMENTSWEREMADEFROMBELOWANDRATIEDFROMABOVE
was of course preferable for Jews and Christians than having some courtier
toady imposed on them from Cairo. But as systems of leadership go, this one
was subject to one serious weakness: factional rivalry. That helps to explain
THEFREQUENCYOFJURISDICTIONALCONICTBETWEENDIERENTIMMfactions, the
type of petition and decree to which I will now turn.
3HWLWLRQVIRUWKHUHVROXWLRQRIOHDGHUVKLSGLVSXWHV
IMM leaders and their followers used the chancery as a measure of last
resort in power struggles when state power could work to the advantage of
one party or another. But given that members of the IMMGROUPITSELFOERED
TESTIMONYJUSTIFYINGTHEIRREQUESTITWASEASYALMOSTTOOEASYFORRIVALLEAders to submit counter-petitions mustering testimony supporting their leadership over that of the incumbent.
4HIS WAS THE CASE AROUND WHEN A LEADER OF THE )RAQI
RITE *EWISH
MAHAB9SUFAL
3IILMSATTEMPTEDTOSECUREFORHIMSELFTHERIGHTTOAPPOINTHISOWNJUDGESANDOTHEROCIALSIN0ALESTINE!LLAPPOINTMENTSTOOCE
had fallen within the compass of the gaonSOCEASLONGASANYONECOULD
remember; infringing on this prerogative was a highly unusual move. The
gaonELOMOBEN9EHUDATHEREFORESUBMITTEDAPETITIONTOAL
HIRINWHICH
HEASKEDTHECALIPHTODENYTHE)RAQILEADERSREQUESTTHEPETITIONSURVIVEDIN
the Geniza in a later copy transcribed into Hebrew characters.23
21
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
317
The last sentence emphasizes that the GAON possesses the prerogative of
granting privileges, and grants them as benefactions rather than rights. I
hasten to add that the Torah does not, in fact, say any such thing about
obeying the command of the leader of Jerusalem, and the gaon is resorting
here to a patently rhetorical stance. That said, when it comes to law, he seems
to choose his words carefully: he speaks of QNN rather than QH orARA (the
PLAIN!RABICEQUIVALENTOFTHE(EBREWHALAKHA PERHAPSTOUNDERSCORETHAT
having a single Jewish leader in Palestine falls under the rubric of administrative rather than religious law; and he speaks of RASM rather than SUNNA,
again perhaps to distinguish administrative precedent from religiously binI have altered Goiteins translation.
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318
MARINA RUSTOW
ding divine commandment. This passage suggests, then, that IMM
Smay
have been perfectly aware that they were operating within a legal system that
rested on administrative law and was distinct from the worlds of QHHALAKHA
or other types of divine law mediated and interpreted by religious
authorities.
As for caliphal precedent, the gaon similarly demonstrates an acute awareness of bureaucratic procedure, down to the terminology he uses to describe
decrees (SIILLT ANDHISKNOWLEDGEOFTHEFACTTHATTHEYWEREPRESERVEDIN
government registers or archives (DAWWN
4HEPURE0RESENCETHECALIPH HASMADEGRANTSINNUMEROUSDECREESSIJILLT
TOMANYLEADERSOVERTIMEAFACTTOWHICHTHEARCHIVESTESTIFYALJBIRIL
UHRI
L
DAWWNUTASHHUDUBIALIK BUTTHEYHAVENOTMADEFORANYOFTHEMAPARTNER
in what they have bestowed upon them, for the edict (SIJILL OFTHEGOVERNMENT
MAY'ODBESTOWGLORYUPONITSVICTORIESHASBEENWRITTENALACUNAFOLLOWS
The gaon thus makes it perfectly clear that he is aware of what documents
mean and of the importance of the precedents to which those documents
attest.
7HETHERAL
HIRISSUEDANEWDECREEOFINVESTITURETOELOMOBEN9EHUDA
RECONRMINGHISPRIVILEGESWEDONOTKNOWSINCETHISPETITIONISALLTHATHAS
survived, but it stands to reason, since he served as gaon for another two
DECADES(EMAYALSOHAVEISSUEDADECREETOTHE)RAQISORDERINGTHEMTOFOLlow elomo ben Yehuda, since these petitions often resulted in two decrees,
one to the petitioner and another to the party over whom authority needed
to be exercised.
#HRISTIANSTOOUSEDTHESTATETORESOLVELEADERSHIPCONICTSEVENIFDOCUMENTARYEVIDENCETOTHATEECTHASNOTTOTHEBESTOFMYKNOWLEDGESURvived. The Coptic chronicle known as 4HE(ISTORYOFTHE0ATRIARCHSOFTHE%GYPTIAN
#HURCHrecounts an episode of intense dissatisfaction with the patriarch Cyril
OF!LEXANDRIAANDINHISOPPONENTSTRIEDTOHAVEHIMDEPOSEDBYAPPEAling to the Fatimid AMRAL
UYthrough his Christian groundskeeper. In
RESPONSETOTHEPETITIONTHEVIZIER"ADRAL
AMLDEMANDEDTHATTHEPAtriarch present himself at the court in Cairo on a regular basis, and that was
how the patriarchate moved from Alexandria to Cairo. The move was of great
advantage to the high leadership of Coptic church, because it allowed the
patriarch easier access to the caliphs and the chancery; but it also created
FURTHERCONICTSINCETHEPATRIARCHOF!LEXANDRIAEVENTUALLYDISPLACEDTHE
bishop of Cairo as the main representative of the church in the capital. The
rivalry between the two was so intense that the next patriarch, Michael IV
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319
$SSHDOVIRUDLG
)NPRINCIPLEANYINDIVIDUALCOULDAPPROACHTHESTATEWITHREQUESTSFORAID
in personal matters. Petitions have survived from great merchants, middling
traders and the poor alike, and they suggest the range of people who had or
MANAGEDTONDACCESSTOOCIALCHANNELS)TISFREQUENTLYIMPOSSIBLETO
25
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320
MARINA RUSTOW
DETERMINETHERELIGIOUSALIATIONOFTHESEPETITIONERSBUTWHERETHEIRALIATIONSARECLEARTHEREISNODISCERNABLEDIERENCEBETWEENPETITIONSFROM
Muslims and from IMM
S.
4HUSAHUMBLEBAKERFROM&USNAMED!B!BD!LLHB9AYTHE
NAMESAREATTESTEDAMONG*EWS#HRISTIANSAND-USLIMSALIKEPETITIONED
AL
!ID FORHELPINREPAYINGADEBT(UMBLETHOUGHHE
MAYHAVEBEENASARESIDENTOF&US
#AIROHEALSOHADACCESSTOHIGHLY
trained professional petition-writers, to judge by his petition, which is an
impressive specimen of the genre, more than half a meter long and written
in an experienced and cursive chancery hand. The baker reports that
he is a poor man, with a family and children and that he has a debt to a man
CALLED!BDAL
"AQ)BN7ARDARBUTISTOOPOORTOPAYITBACK4HEAFOREMENTIONEDCREDITORISDEMANDINGITFROMHIMINACRUELFASHION4HESLAVEREQUESTS
as a kindness and benefaction, the issuing of an incontrovertible ordinance to
the mighty judge (MUTAWALLAL
UKMAL
AZZ TOEXAMINEHISSITUATIONAND
divide the debt into installments according to his condition, and to treat him
LENIENTLYSOTHATHEMAYNDTHEMEANSTODWELLINHISNATIVECITYWAANIH
to support his beloved family, and to live a new life in these days of the (comMANDEROF THEARMIESTHEVIZIER MAY'ODMAYHEBEEXALTEDCAUSETHEM
THEARMIES TOENDUREANDMAKEETERNALTHEREIGNOFTHEIRSOVEREIGNASA
benefaction and kindness to him.
4HEMIGHTYJUDGEWHOISASKEDTOINVESTIGATETHEBAKERSCASEISIDENTIED
ONTHEVERSOOFTHEPETITIONWHICHCONTAINSTHECALIPHALRESCRIPTONEOFVERY
few extant petitions that have survived together with the decision on verso.
4HERESCRIPTISWRITTENINTHENEANDBROADPENSRESPECTIVELYOFTHETWOMAIN
CHANCERYOCIALSRESPONSIBLEFORPROCESSINGCASESTOGETHERWITHASUPERB
SPECIMENOFANALMAOCIALSIGNATURE 4HERESCRIPTCONRMSTHEBAKERS
REQUESTNOTINGTHAT
an instruction has been given to the prosperous and trustworthy Q+AML
AL
$NTOCLARIFYTHEPETITIONERSSITUATION)FHISPOVERTYISESTABLISHEDINTHE
MANNERINWHICHSUCHMATTERSARENORMALLY ESTABLISHEDLETHIMLOOKINTOHIS
case as the Law (AL
SHAR REQUIRESANDASTHECASEDEMANDS!NDITTHISRESCRIPT
should be deposited in his hand.
4HEUSEOFTHETERMARINTHISCONTEXTISNOTEWORTHYITISARAREINSTANCE
in which the divine law of Islam is invoked as a guiding factor for a decision
in a MALIMcase. Yet it is perfectly clear that such an invocation is made only
because the case is delegated to a Qand so might, in the present state of
research, be regarded as an exception.
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321
From the fact that this rescript survived in the Geniza, we can assume that
the baker was handed it back and that the Qindeed received a decree instructing him to investigate the case. Whether the baker was then actually
allowed to pay his debt in installments we do not know.
The intersection of administrative law and AR law appears in another
kind of case: IMMI
s who turned to the chancery asking to be exempted from
THEIZYA!FRAGMENTOFONESUCHPETITIONHASSURVIVEDFROMTHE&ATIMID
period, submitted by a Jew and preserved in the Geniza; the fragment is too
incomplete to permit a precise dating, but the formulary suggests the sixth/
twelfth century.302ECENTLYTHESLAVEWASAICTEDWITHADISEASEINHISEYES
and he lost his sight, says the petitioner, speaking in the third person.
(ECANNOLONGERLOOKAFTERHISWORLDLYAAIRSNORENGAGEINHISPROFESSIONHE
and his family are dying of hunger. But the JIZYAcollectors in Fustat are pressing
HIMFORPAYMENTANDTHISHASCAUSEDTHESLAVESUERINGANDLEDTOHISIMPRIsonment and his wasting away and that of his family through hunger and
ISOLATIONANDTHROUGHFEAROFBEINGASKEDTOPAYWHATHECANNOTAORD&ARBE
ITFROMTHESEGLORIOUSDAYSIETHECALIPH THATAPOORBLINDMANSHOULDBE
REQUIREDTOPAYTHEJIZYAand be treated with contempt by the tax collectors.
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322
MARINA RUSTOW
)FITISPOSSIBLETHATBOTHTHESEPETITIONSWERESUBMITTEDBY*EWSTHAT
would be the simplest explanation for the preservation of their petitions in
THE'ENIZATHEREAREOTHERPETITIONSFROMTHE'ENIZATHATWERECLEARLYSUBmitted by Muslims, and these demonstrate that the procedure and the justiCATIONSFORDECISIONSWERENODIERENTFORCASESOF-USLIMSANDIMM
S.
)NONESUCHCASETHEADMINISTRATOROFAN)SMLMOSQUEPETITIONEDTHE
Fatimid princess Sitt al-Mulk (-/ THEDEFACTORULER
OF STATE FOR TWO YEARS AFTER THE DEATH OF HER BROTHER AL
KIM /
1021/ SEEKINGHELPCOLLECTINGTHERENTSONPROPERTIESATTACHEDTOTHE
MOSQUE(EASKSAGAININTHETHIRDPERSON
for a benefaction in the form of a decree (MANSHR FROMHER0RESENCEMAYSHE
be preserved, to the governor of the district and the administrator of its jurisDICTION STRENGTHENING THE HAND OF THE AFOREMENTIONED ADMINISTRATOR IN
EXTRACTINGINCOME FROMTHESEFOUNDATIONSACCORDINGTOWHATCAMEBEFORE
ANDWHATWILLRESUMESTRENGTHENINGHISAAIRASSISTINGHIMAIDINGHIMAND
being solicitous toward him in everything that occurs regarding the repairs of
THECONGREGATIONALMOSQUE32
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
323
Indeed, although the evidence Ive brought here is from the Fatimid period, it would be hasty to assume that the Fatimids, as a heterodox minority,
were exceptionally lenient in their treatment of IMM
S or that MALIM
justice under other dynasties treated IMM
S more harshly. The idea that the
Fatimids were particularly generous toward religious minorities is an artefact
of the anti-Fatimid propagandists of the post-Fatimid period.35 One example
OFTHISKINDOFANTI
&ATIMIDPROPAGANDAONETHATMODERNSCHOLARSHAVETOO
FREQUENTLYQUOTEDOUTOFCONTEXTISANANECDOTEFROM)BNAL
!RSAL
+MILF
L
TRINWHICHTHEDISSATISED-USLIMSOF#AIROPETITIONTHECALIPHAL
!ZZ
to curb the power of two IMMOCIALS
!L
!ZZ APPOINTEDTHE#HRISTIANSB.ASRSTOTHE
ranks of his bureaucrats and designated as his governor in Syria a Jew by the
NAMEOF-ENASHSHE)BNAL
1AZZZ 4HE#HRISTIANSANDTHE*EWSWAXEDPROUD
(iTAZZA BECAUSEOFTHESETWOANDHARMEDTHE-USLIMS4HENTHEPEOPLEOF
Fustat resolved to write a petition (QIA ANDPUTITINTOTHEHANDOFADOLLRA
that they had made of paper. It read: By Him who has strengthened (aAZZA
THE*EWSTHROUGH-ENASHSHEANDTHE#HRISTIANSTHROUGHSB.ASRUSAND
WHOHASHUMBLEDTHE-USLIMSTHROUGHYOUTHECALIPH WILLYOUNOTEXPOSE
the injustice that has been done to me (the doll; ULMAT
They placed this doll with the petition (AL
RUQa INITSHANDINAL
!ZZSPATH
When he saw it, he ordered that it be brought to him. When he read what it
contained and saw the paper doll, he understood what was intended by it. So
HEARRESTEDBOTHOFTHEM(ECONSCATEDDNR
SFROMSANDTOOKA
great sum from the Jew.36
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324
MARINA RUSTOW
DOLLISUSUALLYREADEITHERASATRIUMPHALISTINVECTIVEAGAINSTIMM
S or a
3UNNACCUSATIONAGAINSTTHEHETERODOX&ATIMIDS)NDEED)BNAL
!RWASNO
FRIENDOFTHE&ATIMIDSHESERVEDTHE:ENGIDRULERSOF-OSULANDFOUGHTAGAINST
THE#RUSADERSWITH3ALADINSOWASANINTEGRALPARTOFTHE3UNNREVIVALIN
the post-Fatimid age; in this passage, he forwards his argument for the indisSOLUBLEASSOCIATIONOFAL
!ZZWITHIMMpower by punning on the caliphs
name: the IMM
S waxed proud (iTAZZA BECAUSEOFTHESETWOOCIALS'ODHAD
strengthened (aAZZA THEIMM
STHROUGHTHEM"UTSURELYITISALSOSIGNICANTTHAT)BNAL
!RUSESHISCHANCERYVOCABULARYINAPRECISEMANNERTHE
doll is holding a QIAor a RUQa, the technical terms for a petition; and the
INJUSTICETOTHE-USLIMSOF&USISCALLEDAULMA, again a technical term in
the context of MALIM procedure. The only thing that veers from the norm in
)BNAL
!RSDEPICTIONISTHERUSEOFTHEDOLLALITERARYDEVICEINTENDEDTO
underscore the fear these Muslims felt in approaching the caliph directly.
While this anecdote is cast in anti-IMMterms, then, in fact, the very existence of the MALIMprocedure was more favourable to IMM
S than it lets on.
!NDWITHTHAT)TURNTOTHELASTCATEGORYPETITIONSCOMPLAININGOFOCIAL
abuse.
&RPSODLQWVDJDLQVWRIFLDOV
/NEOFTHEPRIMARYPURPOSESOFPETITIONSWASTOREPORTOCIALSTOTHE
central administration in Cairo when they overstepped the legitimate bounDARIESOFTHEIROCE4HISMECHANISMFUNCTIONEDTODEFENDTHEINTERESTSOF
SUBJECTSBUTITWASALSOINTENDEDTOKEEPOCIALSFROMGETTINGTOOPOWERFUL
and thus to serve the interests of the ruler.
4OWARDTHEBEGINNINGOFTHEGREAT%GYPTIANFAMINEOF A
MANFROMTHE&AYYMPETITIONED3ITTAL
-ULKINDISTRESSANDNEEDDUETO
shortage of food and fodder for the donkey. There had already been a low
.ILEOODANDBADOODSMEANTFEAROFSHORTAGETHEMANTHEREFORESENTHIS
SONTOTHEMAINCITYOFTHEREGION-ADNATAL
&AYYMTOBUYONEHUNDRED
DNRSWORTHOFOURANDBARLEY/NEHUNDREDDNRs was a huge sum of money,
large enough to suggest that the man had collected funds from his entire
village or was attempting to stockpile grain before prices mounted. With the
MONEYHISSONPURCHASEDSEVENTYSACKSOFOURENOUGHTOFEEDANEXTENDED
FAMILY FOR VE YEARS EVEN WITH FREQUENT MEALTIME VISITORSBUT THEN HIS
troubles began: the news reached me, he wrote, that his son had been forced
TORELINQUISHTHESACKSOFOURTOALOCALAMRINHISDELICATEPHRASINGTHAT
he had given them over to my lord theAMR!B-UAMMADAL
ASANBIQAT
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
325
AL
$AWLA MAY 'OD PROLONG HIS POWER &ROM THIS LACONIC STATEMENT IT IS
unclear whether the AMRCONSCATEDTHEGRAINONORDERSTOBRINGITTOTHE
capital for redistribution or acted on his own corrupt initiative, but the rest
of the petition gives more weight to the latter possibility. The mans desperation emboldened him to ask Sitt al-Mulk, may God make her dominion eternal
and strengthen her power, to send a eunuch to the local governor (QID TO
TAKEADECREEFROMHIMRELEASINGTHEMTHESACKSOFOUR ASSOONASTHEY
REACHTHE.ILEPORTOF 'IZAFROMWHENCETHEYWOULDHAVEENTEREDTHECAPITAL4HESPECICITYOFTHELOGISTICALDETAILSSENDINGAEUNUCHTOAGOVERNOR
to fetch a decree and courier it to Giza in the hopes that it would arrive before
THEGRAINDIDDEMONSTRATESTHATOURPETITIONERHADACCESSTOOCIALPETITION
writers with some understanding of how the government operated; it thereFORESUGGESTSTHATHISREQUESTFELLWITHINTHERANGEOFTHEPOSSIBLEANDTHUS
that he was protesting the act of a rogueAMR rather than the policy of an
entire state.
From the rulers point of view, taking the side of a petitioner against his
ORHEROWNOCIALSCOULDBEAPRUDENTMANOEUVERATTHEVERYLEASTANOPPORTUNITYTOEARNSUBJECTSLOYALTIES4HUSINWHENTHEMONKSOF3T
Catherine objected that some local administrators had usurped income from
THE MONASTERYS ENDOWMENTS THE SOON
TO
BE CALIPH AL
AND HIS VIZIER !B !L !MAD +UTAYFT B AL
!FAL B "ADR AL
AMLWHOLIKEHISFATHERWASTITLEDAL
!FAL DIDNOTHESITATETOTAKETHE
side of the monks
OVERTHATOFTHETREACHEROUSADMINISTRATORSWHO HAVELAIDHANDSUPONTHE
aforementioned property and stolen the rents that (the monasterys business
AGENT!BDAL
-AS USEDTOCOLLECTANDSPENDONTHESUPPORTOFTHEMONKS
who live there, the travellers who take refuge there, and passers-by who
FREQUENTITWHETHERMEMBERSOFTHEIRRELIGIONORNOT 4HISMADEITNECESsary for an order to be issued by the regent (WALAHDAL
MUSLIMN ANDHIS
SERVANTANDCOMPANIONTHEMOSTMIGHTYLORDAL
!FALCOMMANDEROFTHE
ARMIESTHEVIZIER TOTHECHANCERYMAYITOURISHTOWRITETHISDECREESIJILL
MANR RELEASINGTHISENDOWMENTINALLNANCIALDEPARTMENTSOFTHEGOVERNMENTFROMTHEBEGINNINGOF$HL
1ADA FURTHERFREEINGTHEM
of all imposts and other dues that they pay and that are imposed upon them
ANDHAVEBEENTAKENFROMTHEMINTHEPASTASABENEFACTIONONTHEPARTOF
the regent (WALAHDAL
MUSLIMN ANDHISSERVANTANDCOMPANIONTHEMOST
MIGHTYLORDAL
!FALCOMMANDEROFTHEARMIESTHEVIZIER ANDSOASTOEXEcute justice in a publicly known fashion (WA
IJRANLI
L
UMRIALQNNIL
ADLI
L
MASHHRIL
MARF
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326
MARINA RUSTOW
)NDECIDINGTOPROTECTTHEMONKSFROMSTATEOCIALSTHEFUTURECALIPHAND
the vizier not only uphold the laws concerning endowed property; they also
grant the monastery a massive remission from taxes, trumpeting the decision
as the execution of justice in a publicly known fashion. Given other letters
that have preserved complaints about the crushing burden of government
taxation, it should be noted that few subjects, whether Muslim or IMM, enjoyed privileges as generous as these. And that, in turn, suggests that whether
a subject was Muslim or IMMISPERHAPSNOTTHEMOSTINTERESTINGQUESTION
to be asked of MALIMMATERIAL4HEINTERESTINGQUESTIONISRATHERHOWSUBjects from humble backgrounds managed to have petitions written and to use
state-sanctioned mechanisms to pursue and preserve their own interests.
7KHGRFXPHQWVVXPPDU\
3EEABOVEN
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
327
JECTSTODIRECTTHEAAIRSOFTHECOLLECTIVITYOF-USLIMSASWELLASIMM
S, in
THEMANNERCORRESPONDINGTOTHEIR ACCUSTOMEDGOOD
WILLASAL
WRITES
INTHEDECREEOFTOTHEMONKSOF3INAI
,PSOLFDWLRQVIRUWKH,VODPLFZHVW
This material suggests that it can be of use to study the MALIMprocedure
and other non-AR judicial institutions in the Islamic west. Even where only
NARRATIVE AND PRESCRIPTIVE SOURCES HAVE SURVIVED EXPANDING THE INQUIRY
beyond the realm of QHcan help place conclusions about the actual status of
IMM
SONARMERHISTORICALBASIS
The west provides a distinctly interesting and challenging arena for invesTIGATIONOFTHISTOPICBECAUSETHE-LIKSCHOOLFORMALLYADMITTEDTHATQ
S
possessed the right to determine law in conformity with SIYSA, that is, in
conformity not only with what the ARA commanded but with what utility
NECESSITATEDWHATJURISTSDENEDASAL
SIYSAAL
ARIYYAthe states discretionary legal power to promulgate administrative laws and to enforce ARA
RULINGS And, as Christian Mller points out in his paper in this volume,
SOMEWESTERNULAMHELDASAPOINTOFPOSITIVELAWTHATIMM
SWEREEQUAL
to Muslims in MALIM, surely not the assertion of a small exception in an
otherwise unremitting sea of Muslim-IMMINEQUALITYSAYINGTHAT*EWSAND
#HRISTIANSWEREEQUALTO-USLIMSINMALIMISNOTLIKESAYINGTHEYWEREEQUAL
INTORTSORINCOURTPROCEDURE)TISSAYINGTHATTHESTATEGRANTEDTHEMANEQUAL
right to bypass the ARAto appeal the decisions of Q courts and their own
COURTSALIKEANDTOLODGECOMPLAINTSTOTHESTATEANDMAKEREQUESTSOFIT4HE
state, in turn, had the authority to make decisions on considerations not included in the body of QHas some jurists theorized and as the eastern documents abundantly attest. In theory, then, while IMMLAWREQUIRED*EWSAND
Christians to make repeated public performances of their subordination to
Muslims, in practice, the rights of a IMMcould be defended over those of a
Muslim; in theory, while IMM
S had to manifest their subordination by
PAYINGTHEIZYA, which served as the main condition on which they were legally allowed to remain non-Muslim, in practice, they could be exempted from
THEIZYAwithout losing their IMMstatus. These ideas must remain, for the
MOMENTSUGGESTIVEATBESTTHEQUESTIONISWHATCANBELEARNEDOFTHEMALIM
SPHEREINTHEWESTNOTJUSTABOUTIMM
S rights within it, but about their
UNDERSTANDINGANDUSEOFITINREALSITUATIONSANDHOWTHOSEAECTEDTHEIR
OVERALLSOCIALPOSITION
3EEABOVEN
4YAN(ISTOIREDELORGANISATIONJUDICIAIREPP
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328
MARINA RUSTOW
Perhaps more immediately, while the Fatimid sphere can serve as a useful
comparandum for modern scholars of the medieval Islamic west, for medieval
western rulers themselves, the Fatimid rulers served as models to be emulaTED7HENTHE5MAYYADCALIPH!BDAL
2AMN)))OF#ORDOBAREORGANIZEDHIS
ADMINISTRATIONINHEINSTITUTEDAdwNAL
MALIMand in doing so,
HEMUSTHAVEHADINMINDTHEEXAMPLEOFTHE&ATIMIDSOF)FRQIYAASHEDID
WHENHEBUILT-ADNATAL
:AHRINIMITATIONOFTHE&ATIMIDCAPITALSOFAL
-AHDIYYAANDAL
-ANRYYAANDASHEDIDWHENHEPROCLAIMEDHIMSELFCALIPH
to begin with.)NTENTH
CENTURY)FRQIYATHE&ATIMIDSALREADYHADAWELL
developed MALIMPROCEDURETOJUDGEBYAL
1AL
.UMNSDESCRIPTIONOF
it, the accessibility of the caliphs was a hallmark of their rule and of his propaganda for it. And just as the use of MALIMhad a long history in the Islamic
WORLDITHADANIMPORTANTANDPALPABLEINUENCEONTHE#HRISTIANWORLDAS
WELL)BNAL
!RPRAISESTHE.ORMANKINGOF3ICILY2OGER)) FOR
following the way of Muslim rulers and breaking with the custom of the
Franks by, among other things, establishing
a DWNAL
MALIMto which those who had been unjustly treated brought their
GRIEVANCESANDWHERETHEKING WOULDGIVETHEMJUSTICEEVENAGAINSTHISOWN
son. He treated the Muslims with respect, took them as his companions, and kept
THE&RANKSOTHEMmanaa ANHUMAL
FARANJ SOTHATTHEYLOVEDHIM
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THE LEGAL STATUS OF )---S IN THE FATIMID EAST: A VIEW FROM THE PALACE IN CAIRO
329
FULLYPETITIONED!LFONSO6))) FORADECREEOBLIGING1ARAITE*EWSTO
BECOME 2ABBANITE THUS ATTEMPTING TO SOLVE THEIR COMMUNAL CONICTS BY
means of royal power. The long afterlife of the MALIMinstitution in both
the Islamic and Christian worlds is one argument for examining it closely as
ATECHNIQUENOTJUSTFORROYALLEGITIMATIONBUTFORGOVERNANCEOFARANGEOF
subject groups.
)NSUMTHEEASTERNMATERIALWHICHISUNIQUEINALLOWINGUSTOCHECKWORKS
of policy and narrative against documentary evidence, provides arguments
AGAINSTDENINGTHESTATUSOFIMM
S, let alone the tenor of Muslim-IMMrelations, on the basis of a single set of legal institutions. The MALIMdocuments
demonstrate that the Muslims and IMM
S who made use of the procedure were
neither the victims nor the passive objects of state policies or enforcement efforts; they negotiated their status with a more or less intimate understanding
of how Islamic institutions worked. As Hegel, Marx, and Eugene Genovese (a
historian of North American plantation slavery HAVEALLARGUEDEVENINSUCH
GROSSLYUNEQUALRELATIONSHIPSASTHOSEBETWEENMASTERANDSLAVEPOWERCANBE
negotiated. All the more so in relationships that are fundamentally political
such as the ones I have discussed in this paper.
6RXUFHV
)BNAL
!RAL
+MILFL
TAR4ORNBERG#*ED VOLS,EIDEN"RILL
)BNAL
AYRAF4AL
2ISA!MNAL
DN!BL
1SIM!LB-UNIBAL
1NNFDWN
AL
RASILWA
L
IRAILMANNLAAL
WIZRA"AHJT!LED #AIRO
AL
1AL
.UMN+ITBAL
MALISWA
L
MUSYARTAL
&AQABBABB)BRHMAND
AL
9ALW -UAMMAD ED 4UNIS AL
-ABAA AL
RASMIYYA LI
L
UMHRIYYA AL
TNISIYYA
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330
MARINA RUSTOW
Baron, Wittmayer Salo, Plenitude of Apostolic Powers and Medieval Jewish Serfdom,
IN&ELDMAN,ED !NCIENTAND-EDIEVAL*EWISH(ISTORY%SSAYSBYSalO7ITTMAYER"ARON,
.EW"RUNSWICK.EW*ERSEYPP
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