Religious Hybridity in A Morisco Fatwa

Medieval
Jewish, Christian and Muslim Culture
Encounters
in Confluence and Dialogue
Medieval Encounters 16 (2010) 143-180 brill.nl/me
Simulation and Dissimulation:

Religious Hybridity in a Morisco Fatwa
Maria del Mar Rosa-Rodriguez*

Department of Spanish and Portuguese, Emory University, Atlanta, GA, USA
*E-mail: maria.rosa-rodriguez@calumet.purdue.edu
Abstract
Catholic religiosity became the central premise for law and order in sixteenth century
Spain. Consequently, many Muslims left the Peninsula, and those that remained were
forced to choose between renouncing Islam and becoming martyrs. In 1504, the Mufti of
Oran wrote a fatwa to the Moriscos in Spain allowing them to simulate a Catholic reli-
giosity while dissimulating an Islamic religiosity. He declared that even without formally
practicing Islam, they were true Muslims as long as the intention of their hearts was
pure. Mediated by simulation and dissimulation, gestures of guilt ensued as many subjects
undermined dominant ideologies in order to preserve their traditions. This essay reads
these movements between Christianity and Islam as signs of hybrid religiosity, theorizing
that, contrary to what the Church-State prescribed then and what cultural and political
historians have concluded thereafter, the notion of religiosity in Spain transcended institu-
tionalized dogma. The Appendix at the end of this study includes an unedited version of
this fatwa, transcribed, translated, and with paleographical commentary. I owe a debt of
gratitude to Professor Devin J. Stewart, who inspired me to seek out this lost version
of the fatwa of the Mufti of Oran.
Keywords
Morisco, fatwa, Mufti of Oran, 16th Century Spain, simulation, dissimulation, taqiyyah,
aljamiado, religiosity, religious hybridity
To dissimulate is to pretend not to have what one has.

To simulate is to feign to have what one doesnt have.
One implies a presence,
the other an absence.
Jean Baudrillard, Simulacra and Simulation
Koninklijke Brill NV, Leiden, 2010 DOI : 10.1163/138078510X12535199002758

144 M. D. M. Rosa-Rodriguez / Medieval Encounters 16 (2010) 143-180
For centuries, Spains ocial history has been marked by an anxiety to

dene itself by identifying the boundaries and parameters of the nation.1
The year 1492 served as a critical historic crossroads. The fall of Granada
represented the end of an era of signicant Muslim presence on the Pen-
insula, the expulsion of the Jews purported to bring to a close decades of
persecution, prosecution and violence, the discovery of America or the
Indies signalled the launching of the greatly desired metropolitan status
for Spain, and the publication of the rst vernacular grammar text by
Antonio de Nebrija articulated a singular discourse of antagonism with
respect to the genealogy of religious, linguistic, and cultural pluralism that
had existed in Iberia for centuries.2 The resulting Church-State, ocially
named the Universal Catholic Monarchy, enforced strict Catholicism,
Spanish monolingualism and the hegemony of Castilian culture, thereby
prohibiting all signs of cultural hybridity, including the practice of Islam
and Judaism and the speaking of Arabic and Hebrew. Religious, linguistic
and cultural conversion was required by all subjects under Spanish rule.3
These ocially converted others continued to resist this conversion
through simulation and dissimulation.
1
By Spains ocial history I mean the history that has been sanctioned by the state
authorities, especially the sixteenth and seventeenth-century authorities and twentieth-
century state authorities. State authorities of these periods strongly believed and defended
the idea of a pure-blood Spain and they enforced a specically Castilian and Catholic cul-
ture by ignoring Iberias multiculturalism. Examples of historians and ocial histories
include: Bachiller Andrs Bernldez, who historized the birth and purpose of the Holy
Oce for the Catholic Kings, and Baltasar Correos historic biography of King Phillip II
(1628) as a devout Christian instead of the unocial view of Phillip II as a vilied king
known for his intolerance and cruelty towards Protestants, Conversos and Moriscos. More
recent examples include: Claudio Snchez Albornoz argument for a uni-cultural Spanish
past at the beginning of the twentieth century, which is strongly contradicted by Amrico
Castros idea of convivencia and a tri-cultural Spanish history.
2
The volume edited by Mara Rosa Menocal, Literature of Al-Andalus (Cambridge:
Cambridge University Press, 2000), among others, is one of several studies that document
the Iberian pluralism and diversity that these four events of 1492 came to threaten.
3
For sources that use archival research to explain and document the denition imposed
by the Spanish Church-State and the methods used to impose that ideology, see: Lu Ann
Homza, The Spanish Inquisition 1478-1614: an Anthology of Sources (Indianapolis, IN:
Hackett Publishing, 2006) and Jon Cowans, Early Modern Spain: a Documentary History
(Philadelphia, PA: University of Pennsylvania Press, 2003). For a historical revision of
Spains Church-State, see Henry Kamen, The Spanish Inquisition (New Haven, CT: Yale
University Press, 1997), among other critical works that analyze the role of the Catholic
Church in the discourse of national identity.
M. D. M. Rosa-Rodriguez / Medieval Encounters 16 (2010) 143-180 145
The search for uniformity, simple taxonomy and absolute categoriza-

tion has characterized Spanish cultural history for centuries.4 Scholars
such as Amrico Castro, Luce Lpez Baralt, Ottmar Hegyi, Mara Rosa
Menocal, Mara T. Narvez, Consuelo Lpez-Morillas, Leyla Rouhi,
Lourdes Alvarez, Mara Angeles Gallego and Vincent Barletta have argued
that there is no such thing as pure Spanish blood, Castilian ethnicity, old
Christian practices, European origin, or any other lapidary or xed cate-
gories that constitute the hegemonic discourse.5 Spain has always been
hybrid, fused, mixed, dubious, in transit and undenedanything but
the static denition that dominant ideologies have tried to establish as the
norm since the sixteenth century.
When studying the convivencia, or cohabitation, of the three major
religious groups in Spain, it is imperative to understand the complexity of
4
The object of this study is not to discuss the political, social and religious discourse of
homogeneity in sixteenth and seventeenth-century Spain. An example of the use of the
term we as opposed to the others can be found in the Prologue of La Gramtica de la
Lengua Castellana by Antonio de Nebrija published in 1492. For critical works on this
discourse, see Henry Kamen, The Disinherited: Exile and Making of Spanish Culture 1492-
1975 (New York, NY: HarperCollins, 2007) and Empire: How Spain became a World Power
1492-1763 (New York, NY: HarperCollins, 2003). For other sources that explain and
criticize the formation of the Spanish national identity by excluding and negating their
multicultural past and the diversity of their subjects, see the special issue of the Journal of
Spanish Cultural Studies, Spanish Nation Formation edited by Alberto Moreiras 2:1
(March 2001).
5
The body of scholarship in this revisionist strand is vast. The scholarship includes:
Luce Lpez Baralt, Islam in Spanish Literature: From the Middle Ages to the Present, Trans.
Andrew Hurley, (San Juan: Editorial de la Universidad de Puerto Rico/Leiden: E.J. Brill,
1992); Ottmar Hegyi, Cinco Leyendas y Otros Relatos Moriscos (Madrid: Gredos Editorial,
1981); Mara Rosa Menocal, The Ornament of the World: How Muslims, Jews, and Chris-
tians Created a Culture of Tolerance in Medieval Spain (New York: Back Bay Books, 2002);
Mara T. Narvez, Estudio sobre la religiosidad popular en la literatura aljamiado-morisca
del siglo XVI, Revista de dialectologa y tradiciones populares 36 (1981), 17-52; Consuelo
Lpez-Morillas, Textos aljamiados sobre la vida de Mahoma: El Profeta de los moriscos
(Madrid: Consejo Superior de Investigaciones CientcasAgencia Espaola de Cooper-
acin Internacional, 1994); Leyla Rouhi and Mara J. Feliciano, Introduction: Interro-
gating Iberian Frontiers, Medieval Encounters 12:3 (2006) 317-328. Lourdes lvarez,
Anselm Turmeda: The Visionary Humanism of a Muslim Convert and a Catalan
Prophet, in The Foreigner in the Middle Ages, ed. A. Classen (New York, NY: Routledge,
2002), 172-191; Mara Angeles Gallego, The Languages of Medieval Iberia and their reli-
gious dimension, Medieval Encounters 9:1 (2003), 107-139; Vincent Barletta, Covert Ges-
tures: Crypto-Islamic Literature as Cultural Practice in Early Modern Spain (Minneapolis,
MN: University of Minnesota Press, 2005).
the historical context.6 Evidence uncovered in recent decades has made it

impossible to dene a singular, monolithic religious subject for Early
Modern Spain. The purpose of this article is to analyze how the particu-
larities of religion and co-habitation in sixteenth and seventeenth-century
Spain produced hybrid religiosities that are neither entirely Muslim nor
entirely Catholic.7 These ritual practices and religiosities take place in
simultaneous transit between the two religions, transcending supercial
syncretism and establishing hybrid religiosity as the norm of daily life.
These religiosities are dened individually and internally rather than col-
lectively and externally. The exploration of these complex religiosities that
circumvent institutionalized religious dogma might be a key aspect in
todays struggle for sustainable tolerance.
While the politics of the Church-State promoted intolerance, a dier-
ent type of discourse was heard among those who were not tolerated. By
exploring the specicity of this 1504 fatwa and its trajectory, this paper
proposes the following questions for critical inquiry: what were the com-
plexities that generated the Muftis response? How does religious simula-
tion and dissimulation produce what can be approached as hybrid
religiosities? How can we better study and understand these complex sub-
jects and their hybrid religiosities? And, nally, what do these hybrid reli-
giosities have to oer practitioners? What do they have to oer to our
understanding of history?
The fatwa of the Mufti of Oran was written in 1504.8 Scholars, includ-
ing L.P. Harvey, Alvaro Galms de Fuentes, Lpez-Baralt and Menocal,
have written about the historical context and the situation of Moriscos
under Spanish rule during the sixteenth and seventeenth centuries.9 Ross
6
The term convivencia refers to a debate among scholars about the ways in which Jews,
Muslims and Christians lived together on the Iberian Peninsula. The term convivencia
was proposed by Amrico Castro as a way to recognize that Spains past is tri-cultural. It
may seem obvious today, but the early twentieth century in Spain was extremely conserva-
tive, and Francos government banned references to a Muslim or Jewish past. On the
opposite side of the debate is Snchez Albornoz, who rejected the idea of multi-cultural-
ism and alleged that such an idea was an idealistic view of the cohabitation of these three
communities.
7
Religiosity refers to the ways in which a religion is practiced in daily life, activities,
ritual practices, and dogmas of a religious person.
8
A fatwa is a legal Islamic response written by an Islamic authority in response to the
questions of the followers of Islam. In this case, the followers of Islam were the crypto-
Muslims dissimulating Islam under Spanish-Catholic Rule.
9
See L.P. Harvey, Muslims in Spain 1500 to 1614 (Chicago, IL: Chicago University
Press, 2005); Mara Rosa Menocal, Literature of Al-Andalus; Luce Lpez-Baralt, La zaga de
Brann and Lpez Morillas have argued that both Moriscos and conversos
secretly continued to practice Islam and Judaism, respectively, during this
period despite numerous royal edicts that forbade such practices.10 Vin-
cent Barletta has examined several covert gestures that allowed these sub-
jects to practice a forbidden faith within the restrictive framework of the
Spanish Church-State.11 As Benzion Netanyahu and Virgilio Pinto have
shown, subjects of a religious aliation other than Catholicism were not
only forced to convert publicly by the Holy Oce of the Inquisition, but
they were also required by law to deny their old faith.12
In order to survive in this environment, Moriscos had to hide their
beliefs and disguise all practices that would identify them with any reli-
gion other than Catholic Christianity. Conversion meant that they were
asked to commit blasphemy and curse Muhammad. They were also forced
to break other tenets of Islam, such as eating foods forbidden by Islamic
law. Because of this situation, crypto-Muslims (as well as crypto-Jews,
Protestants, alumbrados and other religious minorities) struggled with
complicated religious dilemmas.13 To what extent were they allowed
to hide their faith? Which aspects of their faith should they hide, and
which should they maintain? Could they still be Muslims without observ-
ing the traditional dogma and rituals? Should they feel guilty when having
tu huella: La enseanza de las lenguas semticas en Salamanca en tiempos de San Juan de la

Cruz (Madrid: Editorial Trotta, 2006).
10
Ross Brann, Renewing the past, reconguring Jewish Culture: from Al-Andalus to
the Haskalah (Philadelphia, PA: University of Pennsylvania Press, 2004) and Consuelo
Lpez-Morillas, The Quran in Sixteenth Century Spain: Six Morisco Versions of Sura 79
(London: Tamesis Books, 1982).
11
Vincent Barletta, Covert Gestures, 84-91 and 98-103.
12
See Benzion Netanyahu, The Primary Cause of the Spanish Inquisition, in The
Spanish Inquisition, ed. Angel Alcal, (Highland Lakes, NJ: Columbia University Press,
1987), 11-32 and Virgilio Pinto, Sobre el delito de hereja (siglos XIII-XVI), in Perles
jurdicos de la Inquisicin espaola, ed. Jos Antonio Escudero, (Madrid: Instituto de His-
toria de la Inquisicin, 1989), 195-204.
13
There is not enough space in one article to discuss all the types of religious subjects
aected by the imperial policies and politics of the Spanish monarchy, but it is important
to note that the Moriscos were not the only people who embodied this hybridity by the
processes of simulation and dissimulation. The situations of the Jewish conversos, Protes-
tants, alumbrados, and Erasmians in Spain was also quite similar. For studies on Jewish
conversos, see Benzion Netanyahu, The Marranos of Spain (Ithaca, NY, Cornell University
Press, 1999). For works on the Protestants in Spain, see Marcel Bataillon, Erasmo y Espaa
(Mxico/Buenos Aires: Fondo de Cultura Econmica, 1966). For works on the alumbra-
dos, see Miguel Asin Palacios, Shadilies y alumbrados (Madrid: Ediciones Hiperin, 1990)
and Julio Caro Baroja, Vidas mgicas e Inquisicin Vol. 1-3 (Madrid: ISTMO, 1992).
to deny and hide their true faith? Should they resist conversion to Chris-
tianity or choose martyrdom? Should they continue to teach Islamic pre-
cepts to their children and, if so, how would they do this with the
Inquisition peering over their shoulders? Could they consider themselves
to be true Muslims, even with the disapproval of many Muslim countries?
These are only some of the questions that arose among members of
Morisco communities.
In 1504, the Mufti of Oran responded to the questions and concerns
of many crypto-Muslims living in the Iberian Peninsula by writing a
fatwa, or legal Islamic response, that became highly controversial among
Muslims both inside and outside of Spain.14 In the fatwa, the Mufti gives
Moriscos permission to dissimulate Islam, to do whatever the Christians
required. The Muslims of Spain, according to the Mufti, were allowed to
eat pork, drink wine, be baptized, recognize Jesus as the Son of God, and
pray (not according to Islamic dogma, but whenever they were able and
however they were able to pray), as long as the intention of their hearts
remained pure and committed to Islam.15 The phrase the intention of
the heart, which is repeated throughout the fatwa, is particularly contro-
versial because it privileges the intention of the heart over ritual public
practice and ocial dogma. In Islam, niyya refers specically to intention
whereas amal references action. For the amal to be valid, the niyya of the
Muslim must precede it. As in many religions, the niyya, or intention, is
more important than the amal, or practice, but it is generally assumed
that the two go together. In the fatwa, however, this symbiotic relation-
ship between belief and practice is completely severed. According to the
fatwa, one can be a Muslim of intention without following Islamic dogma
or ritual practice. Many Muslims in sixteenth-century Spain were born
and raised under this dissimulated form of Islam, this produced an over-
lap between Christian ritual practices and Islamic content or intention.
14
There have been some errors in terms of the identity of the writer of the original
fatwa. Devin Stewart concludes in his article, The Identity of the Mufti of Oran: Abu al-
Abbas Ahmad b. Abi Jumah al-Maghrawi al-Wahrani (d. 917/1510), in Al-Qantara, No.
2: vol. XXVII (July-December 2006), 265-301, that the real identity of this jurist is Abul
Abbas Ahmad B. Abi Jumah Al-Maghrawi Al-Wahrani (d. 917/1511). In the article I will
refer to the author as the Mufti of Oran because it is a shorter name, but I agree with
Stewarts conclusions.
15
In MS BRAH Gayangos n. 1922/36 (antiguo 28), see folio 344r for the subject of
eating pork, drinking wine and marriage, for Jesus and Mary related advice, see folio 344v
and 345r, prayer advice is dispersed throughout the fatwa, see folio 343v for references
about idols.
The fatwa contains a long and detailed introduction which identies

both its author, the Mufti of Oran, and its addressees, the Moriscos in
general and other captives in Spain who follow the sect of Muhammad.16
The religious formulae included in the introduction are all translated into
Spanish, rather than being rendered in the customary Arabic of the alja-
miado versions.17 The Muftis advice on dissimulation of Islamic practices
and rituals begins with a reference to the praise of false idols, which
according to the Mufti is not a problem because they are only wood and
stone. He also claries that there is only one God and that he does not
have a son. By establishing the impotence of Christian idols (a reference
to gures of Mary, Jesus and the saints), the Mufti eectively refutes the
inuence and consequences of ritual practice in the faith and intention of
a religious subject. Despite the Muftis discourse, for the Moriscos carry-
ing out these Catholic rituals day after day, it did inuence their religios-
ity to the point of confusing religious traditions.
One example of these overlapping traditions is found in aljamiado lit-
erature, in which the qualities of the Catholic gure of Mary, the mother
of Christ, are often fused with those of the Islamic gure of Amina, the
mother of Muhammad.18 The portrayal of Amina in aljamiado literature
is often inuenced by the Christian conception of Mary, revealing a
hybrid conception of the mother of the chosen one, characteristics of
which are common to each religion. Similarly, when Muslims were forced
to recite the Hail Mary, in a covert gesture of dissimulation they might in
16
Translations from manuscripts quote BRAH Gayangos n.1922/36 (antiguo 28) f.
343r. Passages from this manuscript are cited with the manuscript number and the folio
designation.
17
Aljamiado literature is a group of texts written in Spanish with Arabic characters.
These hybrid writings were quite common among the Moriscos in Spain for several rea-
sons. As Lpez-Morillas and others have argued, this is considered to be the language of
the Moriscos, even though it was not a new language. For more on aljamiado literature
and the aljamiado phenomenon, see Lpez Morillas, Textos aljamiados, Antonio Vespertino
Rodrguez, Leyendas Aljamiadas y Moriscas sobre Personajes Bblicos, (Madrid: Editorial
Gredos, 1983); Gerard Weigers, Islamic Literature in Spanish and Aljamiado: Ya of Segovia
(. 1450), His Antecedents and Successors, (Leiden: E.J. Brill, 1994); Ottmar Hegyi,
Entorno y signicacin en los textos Aljamiados, Centro Virtual Cervantes, 125-130.
18
This rhetorical overlap between Mary and Amina appears in aljamiado manuscript
BRAH T-18 f.103r, where it says Amina de buena ventura eres sobre todas las mujeres.
In Spanish, this is a religious formula used for Mary, the mother of Jesus, but here it is
used in reference to Amina. This manuscript is edited by Lpez-Morillas, Textos aljamia-
dos, 79.
fact have been thinking of Amina, the mother of their prophet. It is cru-
cial to understand not only how these subjects were living hybrid religios-
ities, but also that they were writing them into their tales and treatises.
These instances of hybridity in aljamiado literature illuminate and reect
the long-term consequences of the fatwa because they serve as crucial
archives of evidence which scholars may use in their eorts to understand
these subjects and their religiosities.
The Mufti also addresses the importance of the assala, or prayer, and
the ways to dissimulate prayer as one might do in times of war. He dis-
cusses the purication or ablutions necessary for the assala and the ways
in which one might dissimulate this purication. Because the Moriscos
were continually under surveillance, the Mufti tells them to rub against
sand or stone as a means of purication before prayer, instead of using
water. Ironically, the listing of these substitute acts of purication might
inadvertently have rendered the fatwa a useful tool for inquisitors in the
identication of crypto-Muslims engaged in the dissimulation of Islam.
Because of the importance of prayer in the Muslim faith, the Mufti dis-
cusses the issue of the assala in more depth than any other issue. He sub-
sequently quotes a certain Abin Hagio, citing the Prophets words: do
whatever possibility allows you to do 19 By telling the Moriscos to do only
what was possible, he releases them from the burden of having to adhere
to the letter of the law in the prescribed ritual of purication under dif-
cult or impossible circumstances. According to Islamic dogma, however,
the ritual of purication is an essential component of the comprehension
of the sanctity of the act of prayer. Thus, by altering the ritual of purica-
tion, these Muslims were in eect also altering their understanding of
Islam.
According to Islamic jurisprudence ( qh), rubbing a stone or sand
between the hands is an acceptable substitute for water when water is not
available, as when a person is at war or in the dessert. Thus, the fatwa
draws on a practice already sanctioned by Islamic legal tradition. The dif-
ference, however, is that qh considers this altered practice an exception
from traditional dogma, a temporary and irregular instance of Islamic
practice. For the Moriscos of Spain, however, this altered practice was not
the exception, but the norm. It was not a matter of availability of water.
Water was readily available, but the act of purication itself was con-
19
English translation from haced lo que la possibilidad os permita MS quote BRAH
Gayangos n. 1922/36 (antiguo 28) f. 344r.
stantly dissimulated. The Mufti builds upon an exception within the tra-
dition by taking considerable liberties with an established precedent and
establishing the exception as the new rule. Although his intention is to
adapt tradition to the dire situation of the Moriscos, his actions eectively
render circumstantial the Islamic precepts which had previously been con-
sidered inviolable except in specic cases.
The Mufti also mentions the possibility that Moriscos could nd them-
selves in circumstances where it might be either expedient or necessary to
drink wine and eat pork, and he counsels them about ways in which they
might do these things when under duress, all the while knowing, in their
hearts, that they are forbidden by law.20 Likewise, he discusses the issue of
marrying Muslim sons to Christian daughters, which is allowed because
they belong to the Peoples of the Book.21 However, marriage between
Muslim women and Christian men should be avoided whenever possible.
The fatwa even recommends the use of lies and deceit in order to avoid or
annul this type of marriage. Thus, the version of Islam endorsed by this
fatwa consistently permitted what was forbidden in traditional Islamic
practice. This was an Islam where even pork, alcohol and lies could be
halal, depending on the circumstances rather than the law.22
The fatwa later addresses the practice of zakat, or alms-giving, and how
to successfully dispense them even when this could not be done publicly.
The text also suggests some grammatical maneuvers through which to
avoid blasphemy, such as modifying the pronunciation of the name
Muhammad when inquisitors demanded that Moriscos curse Muham-
mad. Subsequently, the Mufti discusses Mary, Joseph and Jesus crucix-
ion. At the end of the fatwa, the Mufti urges the Moriscos to write to
him with any other questions so he may respond. He assures them that he
will testify to God that they are true Muslims and that hopefully the
Noble Turks will help them reinstitute Muslim power in Spain so they
can practice Islam publicly once more.23 By mentioning the Turks, he
20
MS quote BRAH Gayangos n. 1922/36 (antiguo 28) f. 344r.
21
Within Islam, there is recognition of Christianity, Judaism and Islam as the religions
of the book, which results in a certain respect and tolerance for those two religions. For
more, see Mathew Dimmick and Andrew Hadeld, The Religions of the Book: co-existence
and conict 1400-1660 (New York, NY: Palgrave Macmillan, 2008).
22
Halal is an Arabic term meaning permitted by Islamic law.
23
He concludes the fatwa, but then begins a long postscript. The postscript addresses
the practice and dissimulation of assala in detail and quotes Alphaqui Abu Mahamed,
Abdala Abin Abizaydo from the city of Cyrene in Africa. He also quotes the Quran and
implicitly refers to the Ottoman Empires growing power in the Mediter-

ranean region and the expectation that they might intervene in favor of
the Moriscos in Spain. This reference also implies that the practice of sim-
ulation and dissimulation might end at some not-too-distant time. Con-
trary to what the Mufti and many Moriscos expected or hoped, however,
simulation and dissimulation did not end, and the hybrid form of Islam
they were practicing became the normal way of practicing Islam in Spain.
Not all Muslims accepted the advice of this fatwa easily. There are many
documents advising Moriscos to leave Spain, arguing that a religion with-
out public practice was not a true religion. These documents recom-
mended that in order to save their souls, they should either leave Spain or
choose martyrdom.24 The present essay, however, focuses on the Moriscos
who stayed and survived in Spain, those who dissimulated Islam and sim-
ulated Catholicism. Whether they were comfortable or felt the deepest
guilt, they were dissimulating one religion and simulating another. This
act of participating simultaneously in two religions, whether conscious or
not, produced a hybrid sense of religiosity that characterized Spains reli-
gious climate both in the sixteenth century and for generations to come.
The fatwa includes several aspects of dissimulation associated with the
concept of taqiyyah, the practice of Islamic dissimulation originally used
to disguise Shiite practices among Sunni Muslims for a specic amount of
time (while in danger, at war, or traveling).25 The act of dissimulation is
addressed in the Qurn even though the term taqiyyah is not. The Sura of
the Bee (XVI), verse 106, says:
Alphaquy Abu Abdala Alahamed Abin al [esahaxio] in his book Esplicaion delos rayos
de esplendor. He ends the postscript with a quote from this book.
24
A fatwa written by Ahmad al-Wanshari (d. 914/1508) requires all Muslims in Spain
to emigrate and condemns those who stayed in Spain, it is edited by Husayn Munis, Asna
al-matajir bayan ahkam man ghalaba ala watanihi al-Nasara wa lam yuhajir, Abu
al-Abbas Ahmad b. Yahya Al-Wanshari in Revista del Instituto Egipcio de Estudios Islmicos
en Madrid 5 (1957), 186-187. Other fatwas can be found in K.A. Miller, Muslim Minor-
ities and the Obligation to Emigrate to Islamic Territory: Two Fatwa/s from Fifteenth-
Century Granada, Islamic Law and Society 7 (2000), 256-288; P.S. Koningsveld and
Gerard Wiegers, The Islamic Statute of the Mudejars in the Light of a New Source,
Al-Qantara 17.1 (1996), 19-58.
25
For further discussions on taqiyyah, see Devin Stewart, Taqiyyah as Performance:
the travels of Baha al-Din al-Amili in the Ottoman Empire (991-993/1583-1585), Princ-
eton Papers in Near Eastern Studies, 4 (1996), 1-70, and Documents and Dissimulation:
Notes on Performance of Taqiyyah, Identidades Marginales. Estudios Onomsticos-Biogr-
cos de al-Andalus, ed. Cristina de la Puente (Madrid: CSIC, 2003), 569-598.
Whoever rejects his faith in Allah after having believed in Himnot the one who is
compelled (to utter a word of disbelief ) under duress while his heart is at peace with
Faith, but the one who has laid his breast wide open for disbeliefupon such people
is the wrath of Allah, and for them there is a heavy punishment.26
As the Qurnic verse explains, in certain exceptional cases, the dissimula-

tion of Islam and the simulation of disbelief are allowed; in this way, even
though a believers life may be in danger, his heart will nonetheless be at
peace. Taqiyyah involving a second religion, however, was not widely prac-
ticed until it was invoked in the attempt to resolve at least some of the
dilemmas pertaining to the situation of the Moriscos in Spain. Even
though the term taqiyyah is not used in the fatwa, the content of the fatwa
in eect describes the act of taqiyyah: the entire document speaks of the
dissimulation of Islam in front of Christians. The concept, therefore, is a
useful one in this particular case. The dierence between this particular
type of taqiyyah and the one practiced uniquely within Islam, however,
had controversial consequences. The taqiyyah practiced in Spain not only
crossed religious boundaries, but also lasted for generations. Taqiyyah is,
by design, a temporary exception that is tolerated in specic circum-
stances for short periods of time. Clearly, the Mufti expected the Moris-
cos situation to be short-lived when he expressed his wish that the Noble
Turks would restore Muslim power. Unfortunately, the Muftis hope that
the Turks would intervene and end the Catholic dominance of the Moris-
cos did not come true, and the Muslims in Spain continued practicing
taqiyyah for centuries. Entire generations of Moriscos were born and died
within the questionable connes of taqiyyah, unable to practice traditional
Islamic rituals. This phenomenon produced a dierent form of Islam, an
internalized Islam where the niyya or the intention of their hearts, rather
than exterior observation of rites, laws and customs, became the dening
feature that made the Moriscos true Muslims.
Religiosities in Transit
The Mufti of Orans fatwa is not an isolated case; many Aljamiado and
Morisco texts also highlight the issue of an undened religiosity.27 Spanish
26
Sura 16, verse 106. English translation by Mufti Muhammad Taqi Uthmani.
27
Some of these instances within aljamiado and Morisco literature are mentioned in
Vincent Barletta, Covert Gestures and Mara T. Narvez, Writing Without Borders: Textual
writers of the Golden Age, such as San Juan de la Cruz and Santa Teresa
de Jess, also portrayed a religiosity that was at odds with the institutional
dogma and practices of the Catholic Church, and the instability of their
religiosities was primarily a result of contact with other hybrid religiosities
in the context of sixteenth-century Spain.28 Thus, the religious hybridity
endorsed by this fatwa and the specic consequences discussed here were
not an anomaly, but rather a distinctive part of Spanish religious culture.
In addition to the literal advice on the dissimulation of Islam presented
in various versions of this fatwa, it addresses several theological issues
which are critical to any study of sixteenth-century Spanish subjectivities,
religious hybridity, Islamic studies and/or Christian theology. While not
all Moriscos had access to the fatwa, the Muslims of Spain certainly prac-
ticed the authorized dissimulation of Islam presented in this fatwa long
after 1502, when the rst of many edicts of conversion was issued.29 They
were forced to practice a cryptic Islam, an Islam that overlapped with
Catholic rituals because dissimulation of Islam was not limited to hiding
Islamic rituals, but also included simulating and performing Catholic rit-
uals, such as baptism and confession, and professing Catholic dogma.
To understand why Muslims in Spain had to dissimulate regularly, it is
necessary to understand the way in which Inquisitorial accusations func-
tioned. The danger was continuous and the surveillance was constant. The
Catholic King and Queen had instituted the Spanish Inquisition in 1478
to maintain Catholic orthodoxy, and it was not abolished until 1834 dur-
ing the reign of Isabel II. The Inquisition did not need evidence to prose-
cute someone under suspicion of heresy.30 Anyone could accuse another
Hybridity in the works of the Mancebo de Arvalo, Medieval Encounters 12:3 (2006),
487-497, and also refer to Hegyi, Cinco Leyendas, 9-21.
28
For works on San Juan de la Cruz hybrid religiosity, see Luce Lpez Baralt, San Juan
de la Cruz y el Islam: estudio sobre las liaciones semticas de su literatura mstica (Mxico/
Ro Piedras: Colegio de Mxico y Universidad de Puerto Rico, 1985) and Asedios a lo
indecible: San Juan de la Cruz y el xtasis transformante (Madrid/Ro Piedras: Trotta/Uni-
versidad de Puerto Rico University Press, 1998). For works on the dubius religiosity of
Santa Teresa de Jess, see Mara M. Carrin, Arquitectura y cuerpo en la gura autorial de
Teresa de Jess (Barcelona: Anthropos, 1994).
29
1502 is the year in which the Catholic King and Queen of Spain signed the Decree
of Conversion or Expulsion for Muslims under Castilian Rule in Granada.
30
For more information on the charge of heresy by the Spanish Inquisition, see Pinto,
Sobre el delito de hereja, and also Netanyahu, The Primary Cause. They both address the
charge of heresy in terms of legal action and in terms of denition. Heresy takes center
stage, especially in the Spain of the Catholic Kings. Because of this, it was easy to make an
person of heresy and that would be enough to prosecute that person. The
familiares of the Inquisition could be the neighbours next door watch-
ing through the window.31 The culture of surveillance and accusation was
such a dominant part of daily life that disagreements between neighbours
often ended in accusations of Islamic or Judaic practices. Thus, if people
who were not practicing Islam were in danger of being prosecuted, those
who were Muslims had even more reason to hide their religion. Although
the Spanish Inquisition was not always as strong as it was in the begin-
ning, fear of the institution prevailed, compelling Muslims, Jews, Protes-
tants and other religious subjects to hide the expression of their religions
to the point of confusing their rituals with the Catholic rituals they were
forced to practice. Thus, most Muslims in seventeenth-century Spain had
a tenuous knowledge of their faith, frequently reduced to little more than
the Five Pillars of Islam.32 Nevertheless, they thought of themselves as
true Muslims.
The ability of the dogmas of one religion to be interchangeable with
the internal faith of another religion goes beyond syncretism because it
involves the core aspects of the manifestation of the divine in the self and
its actions. These hybrid religiosities cannot be dened because they are
private and intimate, rather than public and collective. The collectiveness
of religious dogma and ritual practice allows for institutional control of
the religiosity of its subjects because it makes it uniform. When a com-
munity of Muslims practices the same rituals established by Islamic
dogma, their religiosities are somewhat controlled by dogma. However,
when the traditional dogma and rituals are suspended and the intention
of the heart prevails, these religiosities of necessity vary with each indi-
vidual and cannot correspond to any institutional denition. In this case,
religiosity becomes uncontrollable and undened. Even when an individ-
ual identies or names his or her specic faith, the way in which he or she
practices that religion is unique and malleable.
This is not necessarily a conscious process, and I am not arguing that
those who practiced taqiyyah thought of themselves as hybrid subjects.
accusation of heresy, but dicult to prove ones innocence. It is important to understand

the role of heresy in this period in order to understand why Moriscos and conversos had to
carefully hide their religious identities.
31
Familares are the ocial Informants of the Inquisition. See Angel Alcal, The Spanish
Inquisition, (Highland Lakes, NJ: Columbia University Press, 1987).
32
See Deborah Root, Speaking Christian: Orthodoxy and Dierence in Sixteenth-
Century Spain Representations 23 (Summer 1988), 127.
Nevertheless, the continuous practice of taqiyyah did produce what schol-

ars today would call hybrid subjects and hybrid religiosities. Even when
the subjects themselves were not aware of their hybridity, their religiosities
and their conception of God/Allah were hybrid. Hybridity does not have
to be conscious, just as resistance does not need to be intentional. Thus,
aware or unaware, intentionally or unintentionally, the Morisco faith sur-
vived through its hybridity. Moreover, this faith was not the faith sup-
ported by the Catholic rituals the Moriscos simulated, nor was it wholly
the faith of the Islam they were dissimulating. The only thing that made
them true Muslims was a faith guided by their niyya or the intention of
the heart.
In conclusion, hybridity establishes a dialogue between the concepts
that it fuses.33 In this way, this phenomenon is not mere syncretism but
rather a complex hybridism that characterizes Spanish culture. In the cul-
tural spaces opened up between the simulation of one religion and the
multiple dissimulations of others, new kinds of hybrid religiosities
emerged in a Spain that was historicized as monocultural by State ocials
both then and now. A new religious subject arises, one which embodies
the hybridity and transit of a Spain erroneously dened as pure and
static.
After generations of following the advice of this fatwa, this dissimu-
lated form of Islam and simulated form of Catholicism, only intended as
a temporary solution to the challenges and dangers posed by a specic
historical moment, became the quotidian representation of the Islamic
faith. At the same time, this quotidian representation of Islam fused and
overlapped with the quotidian way of representing any religion in Spains
sixteenth and seventeenth centuries because all non-Catholics had to sim-
ulate Catholicism in order to preserve their lives. Priests had to teach
Catholic doctrine to children on holidays and afternoons, while parents
were required to bring their children to church for these teachings. Bap-
tism and Christian names were forced on the population. From 1565 on,
33
I distinguish between syncretism and hybridity, and prefer the term hybridity as
dened by Homi Bhabha, The Location of Culture (London: Routledge, 1994). Bhabha
denes a hybrid as a new product, something that is neither one thing nor the other. He
denes hybridity with a uid sense that I emphasize in my work with the term in tran-
sit. While syncretism is the process of combining, or blending, two dierent or contrary
doctrines, hybridity is the indeterminate product of a process of fusion. Hybridity, in this
sense, goes beyond syncretism, since it is an in-between product (as Bhabha denes it), a
negotiated third space where the original qualities of the previous things are not determined.
the Holy Oce demanded that everyone recite the four basic prayers and
make the sign of the cross correctly. Furthermore, the Spanish public had
to provide evidence of attendance at Mass and the frequency of participa-
tion in confession and communion. They were forced to recite the Ten
Commandments as evidence of their Christian faith.34 Thus, sincerely or
not, everyone seemingly portrayed a Catholic religiosity regardless of his
or her intimate faith, feelings, thought or niyya.
The conception of hybridity I employ here confronts, within one and
the same subject, the inner with the public, thoughts with acts, and heart
with ritual. The fatwa is one of many examples of responses to the histori-
cal and cultural contingencies of a moment at which the reciprocal con-
nection between dogma, ritual and inner faith was broken. This breakage
gives space to a whole spectrum of hybrid and malleable religiosities. For
some Muslims (those who were born and died practicing a dissimulated
form of Islam), this was the only Islam they knew. It is an Islam that sur-
vived in a transitory state, one which resisted (and, indeed, survived) by
allowing rituals and practices from other religions to exist within its
boundaries. These were Muslims who were baptized, ate pork, drank wine
and professed with their mouths that Jesus was the Son of God. The
importance of this fatwa is that it ocially documents the existence of
religiosities that do not depend on traditional ritual practice, making dis-
simulation itself their Islamic ritual. By documenting a religiosity that is
only dened within and by the subject, the fatwa oers a new perspective
of cohabitation and tolerance that transcends the orthodoxy of religious
institutions.
The ways in which the Moriscos lived their religion and the ways in
which it was translated into their quotidian activities and literatures
embodies a religiosity that is neither Muslim nor Christian, but one that
is institutionally dened. Because of the context of sixteenth-century
Spain and the Inquisitorial imposition, two distinct religions were forced
to coexist for two centuries. Despite the direness of the circumstances and
the specic identities or religious aliations (i.e., Muslim, Jewish, Protestant
34
See Helen Rawlings, Church, Religion and Society in Early Modern Spain (New York,
NY: Palgrave, 2002), 80 and for specic inquisitorial cases, see Jean Pierre Dedieu, Chris-
tianization in New Castile Catechism, Communion, Mass and . . . in Culture and Con-
trol in Counter-Reformation Spain, Eds A.J. Cruz and M.E. Perry (Minneapolis, MN,
1991), 1-24.
or Catholic) of individual subjects, the day-to-day specicities through

which they lived their faith, dissimulated or not, were usually common to
all. Imposed or not, their religiosities were, in the end, very similar,
although the intentions of hearts might dier radically from one subject,
or one group of subjects, to the next. This fatwa, in other words, consti-
tutes an example of just how private and intimate faith can be.
A crucial question, however, remains: are these Moriscos Muslims, even
when their practice is so distant from sanctioned or mainstream Islamic
practice? For its part, the fatwa proclaims that the Moriscos are true Mus-
lims. The Mufti of Oran certainly thought that they were. Perhaps, then,
Islamic religiosity cannot be strictly dened and controlled. Perhaps being
a Muslim transcends the dictates of Islamic law because Islamic faith is
more than a law; it is an intention, a belief, something that cannot be
taken away. Perhaps it is, in other words, more of a niyya than an amal.
Through this fatwa and the context of the Moriscos in Spain, we can also
argue that religion is not uniquely dened according to visible and strictly
controlled religiosities. Perhaps the ritual practices and dogmas are merely
tools that can be modied, substituted and, in some cases, dispensed with
altogether. Reading and exploring hybrid religiosities suggests that real
tolerance must transcend institutions, but also suggests the possibility that
it is far simpler than might at rst be imagined, requiring only the inten-
tion of the heart.
The Lost Version of the Fatwa of the Mufti of Oran: Authenticity and
Comparison with other Known Versions
A paleographical commentary on the origin and trajectory of this fatwa is
also relevant to the understanding of its importance in the study of six-
teenth-century Spanish religiosities. There are several versions of this
fatwa dated from 1504 to 1609, which suggests that it was widely dis-
seminated among the Morisco community in Spain. The original fatwa
has not yet been found, but historians agree that it must have been com-
posed in 1504 and that the original was written in Arabic. The Moriscos
of Granada and Valencia still spoke Arabic and might have understood
the original version, but the Moriscos in Castile, Aragn and other prov-
inces of Spain were no longer uent in the language, although they
retained knowledge of the Arabic alphabet. Therefore, the fatwa was trans-
lated into aljamiado (Spanish written in Arabic characters with some Ara-
bic phraseology and vocabulary) for these Moriscos. Four other versions
and/or translations of the document have been identied.
One version ( fatwa V) is in the Vatican.35 Written in Arabic, it is,

according to L.P. Harvey, an abbreviated version because it was copied
onto the opening folios of a manuscript. Because the manuscript dates to
1519, the fatwa must have been copied sometime after that date. A sec-
ond copy of the fatwa ( fatwa M) that has been translated into aljamiado
is dated to 1563 and is part of the Gayangos Collection in the library of
the Real Academia de la Historia in Madrid.36 A third copy ( fatwa A) is
in the Bibliotheque Mjans in Aix-en-Provence.37 This copy is also an
aljamiado version, and is thought to date to 1609. A fourth version
( fatwa X ) was known to have existed, because Eduardo Saavedra men-
tioned it in his catalogue of the Gayangos Collection, undertaken in
1878.38 It was also written as an appendix to a discourse he pronounced
before the Real Academia de la Lengua in Madrid.39
When Saavedra listed and described the documents in the Gayangos
Collection, he gave a signature number or code number to each of the
documents, but when he arrived at the document titled Tractados contra
el al Coran, where fatwa X is located, he failed to assign a code number.40
That is why scholars have not been able to locate this version of the fatwa.
Thanks to Prof. Miguel A. Ladero and librarian Ester Gonzlez Ibarra of
35
Manuscript Borgiano Arabo 171, folios 2-4. It has been transcribed by L.P. Harvey,
Crypto-Islam in Sixteenth Century Spain, Actas del Primer Congreso de Estudios Arabes e
Islmicos celebrado en Crdoba en 1962, 163- 183.
36
With code number BRAH T-13, folios 28r-32r. It was transcribed by M. Pedro
Longs in Vida religiosa de los Moriscos (Madrid, 1915) and also in Harvey, Crypto-Islam.
The Gayangos Collection is now at the Library of the Real Academia de la Historia in
Madrid.
37
Manuscript No. 1223 folios 130-138. It has been transcribed and translated into
French by J. Cantineau, Lettre du Moufti DOran Aux Musulmans DAndalousie Jour-
nal Asiatique Janvier-Mars (1927), 1-17.
38
I have used L.P. Harveys abbreviations of the versions of the fatwas: (Fatwa V, Fatwa
M, Fatwa A and Fatwa X) for an easier comparison of the versions.
39
See Eduardo Saavedra, Discursos Ledos ante la Real Academia Espaola el 29 de dici-
embre de 1878 (Madrid: Real Academia de la Historia, 1878). I have used L.P. Harveys
abbreviations of the versions of the Fatwas (Fatwa V, Fatwa M, Fatwa A and Fatwa X) for
an easier comparison of the versions.
40
Describing the document, Eduardo Saavedra explains the following: Cdice cuyo
ttulo en el tejuelo es: Tractados contra el Corn, mss., y contiene: 1) Lumbre de la fe con-
tra el Alcoran; por Maestro Figuerola, escrito e ilustrado con dibujos en 1519. 2) Discurso
sobre el libro que se hall en el monte de Valparaso intitulado vida y milagros de Cristo
N.S. por Tesiphon Abenathar, discpulo de Jacobo el Apstol. 3) Epstola Mahomtica
del Apstata Es una carta de Obaydala Ahmed Abenabigioma, natural de Almagro y
avecindado en Oran, fechada en la menguante de la luna de Ragiabo, ao 910 de la
the Real Academia de la Historia in Madrid, I was able to locate the doc-
ument in June 2006, and the library assigned a new signature number to
it. The new code number for fatwa X is now BRAH Gayangos n. 1922/36
(antiguo 28) f. 343r-346r. As Saavedra described it in 1878, the part
titled Epstola Mahomtica del Apstata is the same as no. 5 of codex
No. LXXXVII (179). Consultation of Eduardo Saavedras catalogue
revealed that this is the old signature number assigned to fatwa M. The
document edited and translated in the appendix to the present essay,
therefore, is a dierent version of the same fatwa of the Mufti of Oran.
Contrary to the opinions of numerous scholars, fatwa X is not written
in aljamiado. It is a full Spanish translation of the original Arabic fatwa in
Latin characters; even the ritual Arabic phraseology is translated into
Spanish. Here, God is written as Dios, not Allah as in the aljamiado
versions. The translation of the term Allah as Dios might suggest a
Christian translation of this specic document because it includes transla-
tions of terminology that would have been culturally obvious for Moris-
cos and/or crypto-Muslims. Inquisitorial ocials during this period were
quite interested in knowing to what extent the converted Moriscos were
truly Christian, and they might have used the advice contained in this
fatwa to help them identify signs of dissimulation and other covert ges-
tures.41 On the other hand, this Spanish version could have been tran-
scribed for a Morisco population that was particularly integrated into
Spanish society in terms of language. This would probably have been the
case with small communities in Castile, Aragn and the northern part of
Spain, whose members no longer spoke or read Arabic.42 In either case,
the fact that this fatwa existed and was disseminated in such a large num-
ber of linguistic variations demonstrates the importance and inuence it
had on the religious culture of Spain, as it attempted to integrate the most
dicult group of all: the already-ocially-converted Moriscos.
The only date that appears in the document is fecha en la menguante
de la luna de Ragiabo 910 de la Hegira, which corresponds to 1504, the
date of the original fatwa.43 This date is exactly two years after the forced
conversions of Muslims under the Crown of Castile and Granada in
Hegira. Est intercalada entre los desordenados cuadernos del tratado anterior y de la
misma letra, y viene a ser la misma del no. 5 del cdice No LXXXVII.
41
For a detailed analysis on inquisitorial scrutiny over the Morisco population during
the sixteenth century, see Rawlings, Church, Religion and Society, 79-89.
42
See Rawlings, Church, Religion and Society, 13-17.
43
MS quote BRAH Gayangos n. 1922/36 (antiguo 28) f. 345v. The date 1 Rajab 910
1501-1502 and it makes sense that around 1504 crypto-Muslims were

looking for advice concerning how to practice their religious rituals. There
is, moreover, a possible correlation between the dates of the other versions
of this fatwa and royal edicts that required the conversion of Muslims in
Spain. The original fatwa is dated to 1504, immediately following the
royal edicts of 1502 in Granada and Castile. Fatwa V can easily be dated
after the 1525 royal edict of conversion/expulsion for the Muslims of
Valencia and the 1526 royal edict of conversion/expulsion of Muslims in
Aragn. Fatwa M dates to 1563. Between 1545 and 1563, the Council of
Trent began reinforcing all Catholic traditions and sacraments, keeping
records of attendance at Masses, baptisms and marriages. This was a
period during which strict behavior was required from all Catholic sub-
jects, including Moriscos. Fatwa A has been dated to 1609, the same year
of the royal edict of expulsion of all Moriscos from Spain. These versions
of the fatwa respond to particular contexts where simulation was required
and dissimulation was an answer.
The date of fatwa X does not appear in the manuscript. One way to
date fatwa X is to analyze the handwriting. This document was written in
a rapid manner; the numerous corrections, marginal comments and
unevenness of letters suggests that it could be a rst draft of a transcrip-
tion, which makes it more dicult to categorize. On the one hand, the
script of fatwa X seems to be a bastardilla cursiva typically found in sev-
enteenth- and eighteenth-century documents. The inclination towards the
right and the form of letters p, g, q, y indicate a seventeenth-century bas-
tardilla. The upward elongation of letters d, l, h, f and b, however, is not
of bastardilla type, but is more similar to procesal. The procesal
script has a disorderly appearance, and is characterized by playful, upward-
slanting ornament, characteristics also found in fatwa X. The procesales
were commonly used in the second half of the sixteenth century. Proce-
sal writing is a rounded script, but the script of fatwa X is not at all
round, which suggests a transition towards the humanistica cursiva and
bastardilla cursiva found very early in the seventeenth century. The
unevenness in the line spacing also suggests a very late procesal script.
By comparing several documents and handwriting of dierent types and
dates, I estimate that fatwa X was written sometime in the rst half of the
corresponds to 8 December 1504, for more discussion on the date of the original docu-
ment, refer to Stewart, The Identity of the Mufti of Oran.
seventeenth century, after 1614.44 This date is somewhat surprising

because it implies that even after the expulsion of all Moriscos from Spain
between 1609 and 1614, simulation and dissimulation were still com-
monly practiced, and that crypto-Muslims remained a religious minority
during the seventeenth century.
Concerning the authenticity of this version in relation to the other
known versions of the fatwa, I would agree with previous scholarship that
fatwa X is closer in structure, order and details to fatwa V. This does not
mean that fatwa X is a copy or translation of fatwa V, however, because X
is longer than V. It is possible that fatwa V is a summary of some earlier
version, and that fatwa X could be a translation of the same earlier version
or a compendium of dierent previous versions. As I mentioned previ-
ously, fatwa V was copied onto the blank opening folios of a manuscript
dated to 1519. The way in which the copier of fatwa V suppresses the
religious formulae, avoids repetition and is so succinctly that salutations
and other formalities are foregone, suggests that he was conscious of the
limitations imposed by the nite space oered by the blank folios. These
details indicate that he probably wrote a summarized version of the fatwa.
It is unlikely that the writer of fatwa X was working with similar space
constraints because he freely extends the greetings, repeats information,
and even writes a postscript, emphasizing a point that he had already dis-
cussed in the letter.
The writer or translator of fatwa X had time to go over this version and
make corrections. The adjunct transcription includes some words and
phrases that were crossed out and others that were added between the
lines and in the margins. The changes he makes are not of importance in
terms of meaning, but they are important in terms of style. These stylistic
changes along with the postscript, and constant repetitions and clarica-
tions in fatwa X are due to a condence and comfort of the writer with
the language and content of the fatwa, unlike the conditions under which
the other versions were copied. In his article, Crypto-Islam in Sixteenth
Century Spain, Harvey writes the following in reference to fatwa A and
fatwa M: [e]ach bears witness to the diculties which Aragonese Moris-
cos had in translating all but the simplest Arabic. It is surprising that a
44
To see an analysis of the handwritten culture in Spain, see Angel Riesco Terrero, Elisa
Ruiz, Jesus Dominguez and Ana Belen Sanchez, Aproximacin a la cultura escrita: material
de apoyo (Madrid: Editorial Playor, 1995).
text of the importance of this fatwa was not translated with more success.45
He also mentions that these aljamiado translations of the fatwa (A and M)
showed the decline in the study of Arabic that took place after 1492.
After looking at fatwa X, I can deduce that the translator had a solid mas-
tery of the Arabic language because he translates all the religious formulae
into their ideal meanings in Spanish. Some examples include: Praise to
the Lord and his magnicence and may peace be upon our Lord
Mohamad46 and may peace be upon all.47 Another phrase used to
describe the Mufti says to the smallest among the servantes of God, and
the one that needs his mercy the most.48 These expressions demonstrate a
linguistic and semantic understanding of these formulae, which is not
evident in the aljamiado translations where the exact order of the Arabic
phrase is copied into aljamiado. All of this indicates that fatwa X is a truer
translation to the original than M and A.
Fatwa X is longer than all of the other versions. The postscript at the
end of fatwa X is not the only thing that makes it longer than the other
three versions, but the letter itself is also longer. There are no signicant
details that appear in fatwa V, fatwa M or fatwa A, that are not present in
fatwa X. Nonetheless, it is also possible that the extra items that appear in
X that are not in V, could have been added by the translator because he
45
See Harvey, Crypto-Islam, 167.
46
Translation from the Spanish quote: Alabanas a Dios y la magniencia y la paz
vengan sobre nuestro Seor Mohamad, MS quote from Madrid, Biblioteca de la Real
Academia de la Historia, Coleccin Gayangos, BRAH Gayangos n.1922/36 (antiguo 28)
fol. 343r). The formulae in Arabic, (as it also appears in Fatwa V) is the following

47
Translation from Spanish quote: que la paz sea con todos. MS quote from Madrid,
Biblioteca de la Real Academia de la Historia, Coleccin Gayangos, BRAH Gayangos
n.1922/36 (antiguo 28) fols. 343r and 345v. The formulae in Arabic would be:

48
Translation from Spanish quote: al minimo entre los siervos de Dios, y el mas neces-
sitado de su misericordia. MS quote from Madrid, Biblioteca de la Real Academia de la
Historia, Coleccin Gayangos, BRAH Gayangos n.1922/36 (antiguo 28) fol. 343v.
The formulae in Arabic would be:

and this exact formulae appears in version Fatwa V fol. 2r line 10.
felt he had more space and because he felt the need to clarify obscure
details of fatwa V. In this case, it is possible that fatwa X is a translation of
fatwa V, and that the additional details found in X are due to clarica-
tions that the translator deemed necessary. In any case, I am inclined to
believe fatwa X is a compendium of the previous version of the fatwa.
The exact dierences between this version and the three published ver-
sions appear in the footnotes of my transcription of fatwa X, but there are
some particularly interesting dierences that ought to be highlighted. In
the opening of the letter, fatwa X is addressed to all the Moriscos (in gen-
eral) and other captive persons that follow the sect of Mahoma in Spain
and other parts.49 The intention of this version of the fatwa was to open
the response to Muslims in generalnot only to those in Spain. At the
closing of the letter, fatwa X is consistent with this when it says [m]ay
this [response] get to the hands of those captive in foreign lands,50 while
versions M and A always specify Andalusia. The Arabic version that is in
the Vatican ( fatwa V) also addresses a wider audience by not specifying
Andalusia. Furthermore, fatwa X is written in its entirety in Spanish with
Latin characters, which makes it accessible to a wider public than the ver-
sions in aljamiado, which are restricted to audiences of Moriscos with
some knowledge of Arabic and Spanish.
Fatwa X explains the complications of marrying Muslim daughters to
Christian sons. All of the versions urge the reader to do everything that is
possible to avoid this type of marriage, but fatwa X stretches this more
when it adds: [w]hen it is not possible to prevent that marriage; you
should suer it with patience, being aware of an occasion to use deceit,
testimonies and falsehood in order to undo that marriage.51 It is interest-
ing to note the ways in which this version promotes lying and the use of
false testimony to end these types of marriages. Lying and false testimony
are also forbidden in Islam, but they become exible and acceptable when
49
MS quote from Madrid, Biblioteca de la Real Academia de la Historia, Coleccin
Gayangos, BRAH Gayangos n.1922/36 (antiguo 28) fol. 343r a todos los moriscos {en
general}, y otras personas que guardan la secta de Mahoma en Espaay otras partes.
50
Gayangos, BRAH Gayangos n.1922/36 (antiguo 28) fol. 345v que llegue a las manos de
los captivos y peregrinos en tierra estraa.
51
Gayangos, BRAH Gayangos n. 1922/36 (antiguo 28) fol. 344v y quando no [sea posi-
ble]; sufrirlo con paienia, guardando la ocasion para valerse de -?- {engaos, testimonios
y falsedades} pa[ra] deshaer tales matrimonios.
they are the means to undo a greater evil, which is the marriage of Mus-
lim women to Christian men. These variations between fatwa X and the
other versions suggest a manipulation of the text in order for it to adapt
to a later, more permissive period and a broader audience.
In conclusion, the version of the fatwa of the Mufti of Oran that it is
presented in this article is a longer and much later version of the original
1504 fatwa. The variations and additions can be a useful tool in under-
standing the context in which the Moriscos lived into the seventeenth
century and the ways in which their religiosities developed in a Catholic
Spain that was no longer welcoming after 1609.
Appendix A: Transcription of Fatwa X: Epstola Mahomtica del

Apstata BRAH Gayangos n.1922/36 (antiguo 28) f. 343r-346r
Paleographical Notes:
-italic between hyphens- = a fragment crossed out
[italic]= the word is not clear
[-italic between hyphens-] or -?- = crossed out + not clear
{word between curved brackets}= fragment added between lines or in
margin
{Italic with curved brackets}= added text + not clear
[words] = a reconstruction of the text
[empty] = a part that is missing because of the binding of the manuscript
The lines of the transcription follow the lines of the manuscript, and all
of the punctuation follows those in the manuscript, unless noted other-
wise. The margins, spaces and indentation also follow the margins, spaces
and indentation of the manuscript. There are dierent types of footnotes:
regular footnotes with regular numbers, and comparative footnotes with
headings Fatwa A, Fatwa M and Fatwa V. These abbreviations stand for
the other known versions of this fatwa (see introduction of this paper).
This document is Fatwa X.
( folio 343r)
-Carta de- Obaydala Ahmed Abcinabigio-
moa, natural dela villa de Almagro, y
despues aviindado en la ciudad de Ohran.
[-garanible-] a todos los moriscos {en general} y otras per-
sonas captivas que guardan la secta de
Mahoma en EspaaA1 -y otras partes-

Alabanas a Dios, y la magnicenia con la
paz -cayga- {venga} sobre nuestro Seor Mohamad
Juntarse con su familia amigos y sequaes
y los libre de mal.
A vos hermanos que teneys [garrada], y dentro las manos, [ay-
lebanta] nuestra ley, dela mesma manera que haze una
persona, quando coge y aprieta las brasa vivas, los ser dell
numero de aquellos, a los quales Dios ha multiplicado y acre
centado los premios en la vita venedera, por lo que
sufren y trabajan en la presente en su serviio creyendo
{en} un solo Dios [-y su jo-], y por ser [compresos] {en el mundo} aquellos
que con paienia sugetan los cuerpos y almas, Juntate con las
de sus hijos, a conformarse con su [divina solemntas]A2
A vos otros digo, que soys peregrinos, y apartados del gremio, de
nuestra religion, y los mas ercanos mediante Dios y avi-
indados con su propheta en el parayso supremo recogidos
dentro de sus deleytosos y amenos jardines. A todos essos [ ]
tamos persuadiendo, que [provineys] de ganarlo como os
toca de derecho, y por herenia, siguiendo el camino y pisa-
das de muchos antepassados, en verdad hombres justos y bue-
nos y [-con cuyos-]{soportando} constantementeel Jugo y- el iugo y carga -?-\
-?- que se deve a los preeptos con fee sincera y exemplar, -?-{apartada}
de todo
genero de aperenias y vanidades, abiendonos en los mayores
trabajos el camino de la paz y contento, con sacarnos milag-
rosamente de los trabajos y miserias en que estamos.
y por concluir con este preambulo digo que la paz sea con todos a
quellos que siguen la ley de [salvaion] generalmente y de parte de
Obaydaala Ahmed Abingiomoa natural dela villa de
Almagro, y despues viino de la ciudad de Oran al minimo
( folio 343v)
entre los siervos de Dios, y el mas necessitado de su miser[icordia]
y fabor, para que [alcane] el perdon de [sus]pecados y el que
A1
Fatwa M and A mention Andaluca here. Apparently fatwa X is addressed to a
broader audience because it never mentions Andaluca specically. At the beginning, the
author references Spain and at the end, where the other two versions reference Andaluca,
fatwa X is addressed to the Muslims in strange lands.
A2
I think the word here is solemnidad.
desea con [veras] el argumento de la ley [de] en divina [mag]

La conversion {y el bien comun} -de todos- rogandolo del [continuo]
que{os} encu[bre]
por su benignidad hasta que os libre del captiverio y saque[ ]
peregrinaion, -del continuo- rogando su -?- divina {mag. del [continuo]},
con
oraiones mas acertadas que de a todos buen sucesso en est[a]
vita y mejor acabamiento en la muerte, librando a todos [ ]
miserias y trabajos, -en el cuerpo- dela vida presente y que en la [otra]
os acompae con aquellos que fueron riebidos y confess[a]
dos en graia, entre los buenos y justosA3 y que os {de [?]}
-?- perseverar en guardardel castigo- los preeptos dela
ley de salcaion inseandola {a vuestros}ya a tus- hijos amaestran[do]
los en los {mandamientos de}preceptos ? manda- Dios. Hasta llegar a
los aos
dela desenion, considerando y presuponiendo que no aveys
sufrido tanto mal quanto/quando os amenaava el enemigo, el [qual]
[fue a enfado]devuestras buenas obras
-?- segun esto digo que se pueden llamar verdaderamente {mediante vuestras
oraciones y} dichos
todos aquellos captivos y peregrinos que siguen el bien [ob]
rar particularmente quando todo el pueblosigan los- {se halla inclinado
alos} viios
-?- lleno de maliia y pecados, por el tanto, os [ ]
tos que deveys considerar que quien sirve a Dios y se [amen..]
de sus mandamientos [entre gente descuydada] y pecado[ra]
se puede comparar -?- con un hombre [ ]
que se halla entre los muertos A1
Por lo qual os hago saber que los Ydolos {llaman ydolos a las imagines de
Dios y de sus santos} no son otra cosa que
madero o piedra labrada que no hai sentido, ni puede [ ]
ni aprovechar, y que toda la potencia esta en la voluntad [de]
Dios, el qual no ha escogido hijo, ni tampoco hai otro DiosA4 en
su compaa, segun esto sera cosa honesta, y conveniente
el servirle, adorando del [continuo] con animo constante
y con gran paienia
A3
The introduction of fatwa A ends here. In fatwa A, the introduction is shorter,
whereas fatwa X continues for one more folio.
A4
Fatwa A also mentions ni ai mujer ad Allah.
Y en quanto a la aala digo que no se deve dejar aunque se h[aga]

con gestosA5 y quando os la desturbaren de dya se deje por [la]
noche que con esto se puede cumplir con la obligaion
y todas las vees que nuestros enemigos os [dieren] su[ ]
a distorbando las horas dela aala llamando -a- todos
a hallarse presentes a sus [mismas] oraiones y otras cerem[o]
nias para adorar los ydolos, entonces vuestra inteni[on]
sera proponer en el coraon de rear el aala y que [ ]
da -?- {nuestra} ley y canones no dejando de hacer todos nos [ ]
que vereys haer delantes de sus ydolos y sobre todo [que]
dar vuestra intenion en el coraon para con Dios y [Quan]
do la casa no estuviere vuelta haia el templo [de]
Meca se puede admetir por aala complida como [ ]
la ley permite en los tiempos de guerra, muerte, y [ ]
( folio 344r)
delos enemigos, salteadores del camino y semejantes acciden
tes que entonces no se guarda [orden] ninguna
Y la ley es que es necessario lavarse antes de entrar a -?-
celebrar el aala para quedar limpio de las suiedades
causadas de la copula carnal, poluion o de espeler los
escrementos que {requiere} -por esto- la necessidad y cosas semejan
tes, entones se permite (no pudiensolo poner -por- en execu-
ion conforme los preceptos de la ley) que la persona
lo haga debajo de aparenia de baarse en la mar
o en algun rio, y todas las vees que no hubiere lugar
de haer lo susodicho [en/ni comodid] ninguna de agua
-conforme- {dejar/hagan} los decretos de los canones, se puede [con untar]
el agua en tierra o arena limpia y quando faltare
o estubiere disturbando todo lo susodicho, -porque- {se permite} estregar
las manos en las paredes, si acaso no estubiere en parte
donde con la cierta <mano> puede alcanar un arbol, peasco,
tierra o arena y cosas permetidas de la ley para limpiar
A5
Fatwa A only says Pues el as-sala, hazedlo aunque fuese acennando and continues
discussing the azzaka. Fatwa X, on the other hand, discusses the subject of the assala quite
a bit. The subjects of cleansing for the assala, wine and pork consumption, and marriage
between Muslims and non-Muslims, merit the same amount of discussion in each fatwa,
but they do not appear in the same order in each fatwa. Fatwa A tends to include more
summarization than the others.
y puricar el cuerpo en lugar de agua , que entones

haiendo seas y gestos de lavarse [mirando] las cosas
sobrenombradas que con esto cumple con la obligaion
conforme el consejo y pareer de Abin hagioA6 el qual
exponiendo las palabras del propheta die desta ma-
nera, haed lo que la posibilidad os permite.
Despues de todas las vees que os conbidaren a bever vino
no dejareys de darles satisfaion, con intenion que
se hae contra voluntad y con animo de no apro
vecharse ni usar de tal bevida
Lo mesmo se -?- intiende quando la persona comie
re toino o alguna otra?- {cosa} vedada por la ley
que entones se deve aborrecer en el coraon crey-
endo y teniendolo porcosa- ierto que estavedado-
-por la ley- prohibido
{Item}-Demas desto- todas las vees que [rogaren/robaren] de casarlas
a sus hijas con vuestros hijos -en esto se permite{se deve permitir}
considerando que es gente que segira la ley de la es-
critura.A7 Al contrario quando pidieranvuestras-
a vuestras hijas en casamiento digo que se deve
haer todo lo possible para desturbarlo, teniendo
lo por cosa escandalosa y abominable, -por lo- {quando}
( folio 344v)
yquando- se deve haer todo lo possible para desturbarlosA8
-?- y quando no; sufrirlo con paienia, guardando la
ocasion para valerse de -?- {engaos, testimonios y falsedades}A9 pa[ra]
deshaer tales matrimonios y si hubiere lugar -?-
A6
Fatwa M quotes someone named Ibna Naha, and, although fatwa A includes the
same quote, the name is spelled Ibnu Nagi. The three versions quote a man who says to
do whatever it is possible to do. The phrase changes grammatically in the three versions
but it has the same meaning semantically.
A7
This refers to the Peoples of the Book or of the Scripture. Islam tolerates the mar-
riage between Muslim men and women from the Religions of the Scripture, which include
Jews, Christians and Muslims. In fatwa M, it varies a little: ellos son de los del al-kiteb
and fatwa A says, porque son del al-kitab.
A8
This line is a repetition of the line above.
A9
The advice to use deceit and false testimony in order to break the marriage between
a Muslim woman and a Christian man appears only in this version. Note that this was
added later. It is not part of fatwa V, M or A.
de -?- {usar} [mi lenia] sera mas acertarlo

Tambien la ley manda -?- pagar los diezmos
y si alguno se hallara notado o impossibilitado de no pod[er]
cumplir con la obligaion conforme {los decretos}manda la ley-
no hallando lugar de pagarlos en publico a los ministros {diputados}
-suelen cobrarlos- deve apartar la suma del dinero,
ganado, galinas. fruta o lo que monta el diezmo [ ]
valor de las casas o heredades y repartirlo entre los
proves mas necessitados en forma de regalo y [pre]
sente, y quando no hubiere lugar para lo suyo [ ]
se permite que lo disperdiie entre la gente , para [ ]
rar fama de bienhechor {y liberal} aunque sea todo aparie[nia]
y hipocreciaporque- considerando que Dios solo
riibe la buena intenion y no repara en lo esterior.A10
y quando os obligaren a haer algun logro o cosa que [ ]
-?- ley no {permite} -?- deveys hacerlo
para contentarlos y aborreer tal hecho dentro el
coraon y para limpiar vuestra conienia {passar} -?-
-?- el caudal y la ganania mal l[og]
rada, darla de limosna si quereysque-, arrepen[tid]
os de vuestros pecados y que Dios os perdonevuestros-
-pecados-
{Item} Todas las vees que os hiieren fuera y apretaren a [de]
ir palabras de blasfemios como ineles, si tubie[re]
des adverenia y possibilidad sera bien {decirlo con palabras}proferirlas-
ambiguas, disfraadas y equivocas, y quando no pro
nuniarlastenieno buena intenion- contra
vuestra voluntad. Teniendo buena intenion y diferer a[ ]
{Item}-Despues- Si os mandaren blasfemar de MohamedA11
al qualellos- llaman Mahoma,A12 os animo que blas
A10
Fatwa X discusses the issue of paying the oering or azzaka in depth. It also pro-
vides more examples than versions M, A or V.
A11
This part is hard to translate because some of the advice given to avoid blasphemy is
based on grammatical word games, playing with case endings and possessive pronouns,
but these word games only function in Arabic. The translators of fatwas X, M and A use
this example instead. They play with the Spanish pronunciation of Muhammad, which is
Mahoma, and advise that by pronouncing it in this manner, one would not commit blas-
phemy because Mahoma is really another person.
A12
Fatwa A also uses the dierentiation between the Spanish pronunciation of [ma-
femeys de Mahoma, imaginando que es un demo[nio]

o un nombre que usan los Judios,A13 o alguno otro
semejante.
[-y ? que digays-] {Item Si os mandaren deir} que Jesus es hijo de Dios
deveys coneder que si y dentro el coraon direys
que es el siervo del Dios de Maria adorado con
verdad.
y en
( folio 345r)
y si quieren que digays [ Jpo] es hijo de Dios, lo direys
con la boca y dentro el pecho guardereys diferente
opinion pensando en el verdadero Dios, -imaginando-
-que la- {su} casade Dios- no la puedede ningun modo-
contaminar ni profanar {?} -?-
{Item} si os -fora- hiiereis fuera a -deir- {confesar} que Maria esta -ndo-
casada
-mujer de- con Dios, pronunciareys tal palabra con la
boca, ydentro el pecho- en vuestro coraon piensa-
reys en su primo, el qual se caso con ella, siendo
escogido del populo Israelitico paratal- este [objeto]
el qual la dejo antes que conibiesse, conforme alo
que dice [Assohilo] A14 en exposicion del Alcoran, hab-
lando del hombre sealado, y puede ser que fuesse
voluntad de Dios que se cassasse con el dichoho-\
hombre para tener [efeto] su voluntad y determina
cion y para que se conosca su potenia
{Item}Despues- si os mandaren confessar que Jesus murio
crucicado, deveys imaginar que Dios lo llevo alas
partes altas en el ielo dendiendolo como hombre
justo, perfecto, el, de gran fama y alabanas
entre todas naiones, y que no fue crucicado
-ma] and the Arabic pronunciation [mu-j-med] to dissimulate blasphemy. This way, the
blasphemy is to someone called [ma--ma], who is not the real prophet [mu-j-med],
because of pronunciation.
A13
Fatwa M also plays with pronunciation in order to hide or dissimulate blasphemy.
It advises Muslims to say the name of el judo Mamad, instead of Muhammad.
A14
Here Fatwa X is too damaged, but A quotes sabio as-Sohali en el at-tafsir del
Alquran and in fatwa M, a man named Asuhali is quoted.
sino que Dios lo libero de tal peligro llevandolo

consigo {al ielo}dejandolo en las partes altas-
{Concluyendo digo que} -?- esto es bastantepara- contra las dubdas y
escrupu
los paralo- {el} presente y -?- {en las ocurrenias}, me ofresco
de resolver todas las dicultades queme- seran
propuestas dandome aviso, siguiendo el cami-
no dela verdad, mediante Dios.
en el interior pido {a Dios}al supremo ?- que otra vez
permita que los Mahometanos tornen a mandarA15
para que puedays adorar a Dios publicamente
mediante su fabor, sin reelo y sin disturbo
y que esto sueda {mediante el valor y armas delos nobles turcos}A16
por el valor de vuestra ley, las armas y fabor delos turcos nobles-
y concluyendo digo que os doy certicaion y
pretexto delante de Dios que -?- soys verdade
ros Mahometanos, y que creys en Diosverdaderamente-
y estays contentos de servirle y tenerlo por vuestro
Dios.
( folio 345v)
No falte la respuesta en todo caso y la paz sea con
todos generalmente
fecha en la menguante dela luna de Ragiab[o]
910 de la Hegira
Dios {nos} haga conosser su bondad y bienes
LLegue a las manos de los captivos y per[eg]
rinos en rinos en [tierra] estraaA17 mediante Dios
ensalado
Notas sobre este passo que die haer el aala
dentro la yglesia aunque no tenga la casa
buelta haia el templo dela Meca como la que
se permite en tiempo de guerra, muerte {y peligro}
A15
Fatwa M does not express this desire of Muslims to return to power, and it does not
mention the noble Turks either.
A16
Fatwa A mentions the desire for Muslims to return to power with the help of the
Turks and V also mentions the Noble Turks
A17
Fatwa A mentions the peoples of Andaluca.
el Alphaqui Abu Mahamed, Abdala Abin abizaydoA18 natu

ral de la ciudad de Cyrene en Africa dise en su tratado
intitulado [suma] de los canones, -die- que el aala del {peligro la qual}
-que- se hace quando se teme el enemigo en la guerra [ ]
salteadores en los caminos y cosas deste genero, se cel[ebra]
la manera siguiente
Primeramente el sacerdote comiena el aala con la mitad [de]
gente, y en acabando llegan los otros, y quando el {peligro} -?-
fuera muy grande, entones cada uno hae su aala con
forme al lugar y possibilidad a pie -?- o cavalleros [cami]
nando {despacio} o marchando a prissa con la cara buelta ha[ia]
la parte donde se camina
y todo lo susodicho se funda sobre -?- el preepto del {Alco} -?-
ran que deia en el primero capitulo ya [simismo como buelves y [ ]
vuelves] la cara hacia el cielo y assi te mandaremos [ que]
buelvas el rostro haia la parte que sera de tu gusto y
contento por el tanto buelvese hacia el templo sacro
santo y donde nos estubieredes buelved vuestros rostros
haia el dicho templo
y prosiguiendo mas [adelantes] en el predicho capitulo [dii
endo] cuydado con el aala y particularmente con aquella que
se celebra entre el medio dia y [tramontar]del sol y estando
en pie delantes de Dios con devoion y si tubieredes mie[do]
de algun peligro, entones se celebre a pie o a cavallo
( folio 346r)
Despues dice que en lugar del agua se puede
usar dela tierra o arena limpia
El Alcoran dice en el capitulo quarto cuyo titulo es la [messa] por
A18
Fatwa A does not have this postscript but it does quote someone named Ibnu Nagi
en el sarhi del arrisala in the part about the cleansing for assala. J. Cantineau explains in a
footnote that this is a letter of Maliki Right of a man named Obaydallah ibn Abdarrah-
man Abi Zayd al-Qairawani, who died in 996, and that he was quoted by Abu lQasim Isa
an-Naji, who died in 1426 and who is the same as Mohammed ibn an-Naji, the author of
Ma`alim al-iman. In fatwa X, this appears as an appendix to the letter, where an Alfaqui
Abu Mahamed, Abdala Abin Abizaydo, from the city of Cyrene, in Africa is quoted to
discuss the issue of assala further. Because of the phonetic similarity of the names and con-
sidering all the possible transcriptions and changes of scripts, it is possible that the same
authority is being quoted in all three texts.
la qual se entiende la ena de nuestro seor o por el milagro con

que satiso a la hambre de 12 mil personas con 5 pesces y dos
panes, por haver considerado que confunden el uno con
el otro donde dien
O vos otros que aveys [caydo], quando os llevantareys a
haer el aala, [lavado] primeramente muchas caras y las ma
nos hasta los codos y -?- estregar las [caveas]
con las manos mojadas y los pies hasta los talones y si
estubieredes [manchados] de pollucion {_te ?} deveys puricar
vuestros cuerpos lavandolos de la mesma manera {vencido} -?-
estando convalescientes o haviendo llegando de algun
camino, o quando hubiere alguno de nos otros {llegando} -?-
de haer sus neessidades o hubieredes llegado {a las} -?-
mujeres; y no hallaredes agua, entones escogereys
tierra o arena buena y limpia con la qual estregareys
vuestras caras y manos
Reere el Alphaquy Abu Abdala Alahamed Abin al-
[esahaxio] en su libro intitulado esplicaion delos
rayos de esplendor en el capitulo de la fe que dijo
el propheta falso
Estregar el cuepro con la tierra quiere deir que en faltan
do el agua [esta] en su lugar la tierra.
Appendix B: English Translation of the Fatwa: Epstola Mahomtica

del Apstata BRAH Gayangos n. 1922/36 (antiguo 28) f. 343r-346r
Muslim Letter from the ApostateB1 (folio 343r)
[Letter fromB2 Obaydala Ahmed Abcinabigiomoa, originally from Almagro
B1
The title was given to the document in the Archive. It may have been assigned by
Pascual Gayangos as the document was found in his collection, currently located at the
Library of the Real Academia de la Historia in Madrid. This document is led with two
unrelated documents as Tractados contra el coran. Inside there are three dierent docu-
ments. The rst one is titled Lumbre de la fe contra el Alcorn by Maestro Figuerola,
written in 1519 (currently being edited by Prof. Miguel A. Ladero Quesada of the RAH).
The second one is titled Vida y Milagros de Cristo N.S. by Tesiphon Abenabar, disciple
of Jacob el Apostle, and is a commentary on one of the books that were found in Monte
de Valparaso (unedited). The third document is titled Epstola Mahomtica del
Apstata, and is the one being edited, transcribed and translated here for the rst time.
B2
The part in italics was crossed out in the original document, but for the purpose of
And now resident of the City of Oran, to all the Moriscos, in general,
and other captives in Spain that keep the sect of Muhammad,
Praise to God, the Magnicent and may he give peace to our Lord
Muhammad, his family, friends and descendants, and may they be safe]
To all of you brothers that hold our Law in your hands in the same man-
ner a person grabs the burning coal in his hands. You are part of the num-
ber of those for whom God has multiplied the rewards in the afterlife,
that is why you suer and work in the present life, serving him and
believing that there is no God but God, and because you are captive in
the world of those who hold their bodies and souls with patience. May
God be with their children and conform them to a solemn life.B3
To you I say that you are pilgrims and that you are away from the guild
of our religion, and thus are the closest to God, and will join the prophet
in the delightful gardens of the highest paradise.
We are persuading all of you to proclaim this, as if it is your right and
legacy, by following the path of many ancestors, men of good and truth,
and to constantly resist the yoke and the weight due to a constant and
exemplary faith. A faith far from appearances and vanities, that will take
us out of the misery we are in, away from hard work towards the path of
peace and contentment. And to conclude with this preamble may peace
be with all of those who follow the law of salvation generally and from
Obaydaala Ahmed Abingiomoa, originally from the village of Almagro
and now a neighbor of the City of Oran, the lowest (folio 343v) of the
servants of God and the one that needs his favor and mercy the most. So
they can reach forgiveness for their sins, and he truly wishes by the essence
of divine law, conversion and well being. Imploring this to the one that
continually covers you up and by his benign nature until he liberates you
from captivity and takes you out on pilgrimage, imploring Gods divine
magnicence with assertive prayers so he would give all success in this life
and a better ending in death, liberating all of you from the miseries and
hassles of the present life and in the next life, may God put you among
the ones that were confessed and received grace, among the good and
the righteous and may God grant you strength to persevere and keep the
providing a clearer translation, I have added some parts that I consider necessary. Parts
that I have edited are always printed in italics.
B3
The original text in this part was dicult to understand, so I reconstructed the
meaning from the words I was able to identify.
precepts of the law of salvation, teaching this law to your children and
educating them about Gods commandments. Until the years of the
descent, considering and presupposing that you have not suered so
much when the enemy (the one that dislikes the good deeds) was threat-
ening you and was mad at your good deeds.B4 And according to this I say
that you can be truly called, through your prayers and sayings. And all of
those captives and pilgrims that follow the good deeds, particularly when
everyone else has fallen into vices, and is full of malice and sin. Therefore
I tell you that you should consider that the ones who serve God and keep
his commandments, among uncaring and sinful people, can be compared
to a man that is among the dead.
Thus, I tell you that idols (idols are images of God and his saints) are
not more than wood and stone and there is no sense in them, nor the
idols can [missing word], nor take advantage, and that all power is in
Gods will, who has not chosen a son, and there is not another God in his
side. Because of this, it would be an honest and convenient thing to serve
him, and constantly praise him with constant motivation and with great
patience.
And regarding the aalaB5 I say that it should not be abandoned even if
it is done with gestures and when the aala is disturbed during daytime
do it at nighttime, in this manner you will fulll your obligation. And
every time your enemies forcibly disturb the hours of the aala, making
you go at these same times to their prayers and ceremonies to praise their
idols, then your intention will be to put in your hearts that you are pray-
ing the aala by our law and canon, without stopping to do what they do
in front of their idols. Above all, seek that the intention of your hearts is
with God.
And when the house is not oriented toward the temple in Mecca, it
is permissible to do the aala as the law permits in times of war, death,
(folio 344r) enemies, road thieves, and similar situations where no order/
regulation is kept.
And the law says that it is necessary to wash your hands before celebrat-
ing the aala to be clean of all lth/dirt caused by carnal copulation, pol-
B4
The meaning of this sentence is as obscure in English as it is in Spanish.
B5
I will use the term in Arabic as the translator of the fatwa uses it. He does not trans-
late aala into prayer. He uses them as dierent words, and I will do the same in the Eng-
lish translation. In the same way, he translates Allah into Dios. This English translation
will respect the selections of the Castilian translator of the fatwa.
lution, or excrement that comes out, all of which are necessities that
require washing. In cases where it is impossible to follow the precepts of
the law, it is permitted to do it [washing] under the appearance that you
are taking a bath/ swimming in the sea or river, and in situations where
this can not be done, and where the water needed to follow these precepts
is lacking, then you can put some water in the ground or in clean sand
and cleanse yourself with this. When even this is impossible to do, rub your
hands against the walls, or tree or stone, or sand or other things permitted
by law to be used for cleansing instead of water, and if not, make gestures
as if you were washing while you look at the cleansing objects mentioned.
With this you are fullling your obligation, according to the advice of
Abin Hagio, who citing/quoting the words of the prophet said, do what
it is possible to do.
Then every time where you are challenged to drink wine, do it for their
satisfaction, knowing that you are doing it against your will and that you
are not taking advantage of this wine.
The same is understood when a person needs to eat pork or any other
thing forbidden by law. It should be repulsive/abhorrent in the heart,
believing and knowing it is something forbidden.
Item. Every time that they ask to marry their daughters to your sons,
this should be permitted, considering that they are people that will follow
the law of the Book.B6
On the contrary, when they ask for your daughters in marriage, I say
that you should do everything that is possible to disturb that, understand-
ing it as something scandalous and abominable. (folio 344v) When it is
not possible to prevent that marriage; you should suer it with patience,
being aware of an occasion to use deceit, testimonies and falsehood in
order to undo that marriage, and if there is a chance to use [_ ] B7 it will
be more assertive.
The law also says to pay the tithe/oering and if one of you is being
watched or if it is impossible to carry out that obligation according to the
decrees, and not having a place to pay the tithe to the appointed ministers
publicly, then you should separate that amount of money, cattle, chickens,
B6
Here it refers to the religions of the People of the Book, which are the Jews, Chris-
tians and Muslims. In other versions of this fatwa, instead of using the word escrituras,
it is written as las gentes del libro, the peoples of the book.
B7
This is illegible in the original it looks like mi lenia but the meaning of that phrase
is unknown.
fruits, or the sum of the tithe, in terms of house and properties, and you
should give it to the poor and more in need as a present. And when there
is not opportunity for this you should waste it among the people to create
fame of being benecent and liberal, even if it is all appearance and
hypocrisy. Considering that God only sees the good intention and does
not look at the exterior.
And every time you are asked to do something that the law forbids,
you should do it to please them/make them happy and abhor that thing
inside your hearts.
And to clean your conscience, pass the deeds earned by these forbidden
things, give it as alms if you want and repent from your sins and may
God forgive you.
Item. Every time they would force you into blasphemy as if you were
indels, if you have the opportunity it will be ok to say it with ambigu-
ous, vague, and unclear words. And if not, say them against your will,
having good intention.
Item. If they ask you to blaspheme against Muhammad, which they
call Mahoma, I tell you to say that blasphemy imagining that it is against
a demon or a name used by the Jews or any other.
Item. If they ask you to say that Jesus is the Son of God, you should
confer that he is and inside your hearts you will say that he is a servant of
Marys God, truly adored. (folio 345r) And if they want you to say that
JesusB8 is the Son of God, you will say it with your mouth but inside your
chest you will keep a dierent opinion, and knowing the true God and
that his house cannot be contaminated nor profaned.
Item. If you are forced to say that Mary was married to God, you will
pronounce this with your mouth but inside your heart you will be think-
ing of her cousin, who married her, and was chosen from the people of
Israel for this purpose. He left her before she conceived, according to
what AssohiloB9 says in an exposition of the Quran referring to the man
been mentioned (the cousin). And it is possible that it was Gods will that
she married this man so that his will and determination would take eect,
and so that his power would be known.
B8
The word here is very blurry, but it appears to be the name Jesus.
B9
The text here is damaged, but in fatwa A, a sabio as-Sohali en el at-tafsir del
Alquran is mentioned, and in version M an Asuhali is mentioned, so we can assume
that this is the same person.
Item. If they ask you to confess that Jesus died by crucixion, you
should imagine that God took him to the highest parts of heaven rst,
and defended him like a just, perfect, faithful man, of great fame and
praise among all nations. And that he was not crucied but instead, God
liberated him from great danger and took him to the heavens.
In conclusion, I will say that this is enough for the doubts and scruples
in the present time and occurrence. I oer myself to resolve any diculty
that you let me know of, by means of truth and God. In the interior I ask
God, that may he let the Muslims back in power again, so you can praise
God publicly, according to his favor, and without uncertainty or distur-
bance. And may this happen through the valor and armaments of the
noble Turks.B10
And in conclusion, I will say that I give you certication and pretext in
front of God, that you are true Muslims and that you believe in God and
are happy to serve and have him as your God. (folio 345v)
Hoping that a response is not lacking, may peace be with all of you, in
general.
Date of the waning of the moon of Ragiabo 910 of the Hegira.
May God let us know his will and deeds. May this get to the hands of the captives
and pilgrims in foreign landsB11 by praise of God.B12
Some notes about this situation of making the aala inside a church, even when it
is not facing the temple in Mecca. Like the aala that is permitted in times of war,
death, and danger.
The Alfaqui Abu Mahamed Abdala Abin abizaydoB13 original of the City
of Cyrene in Africa, says in his untitled treatise The Sum of Canons,
B10
This reference to the help of the Turks, and the reestablishment of Muslim power, is
not found in the other version of this fatwa, ( fatwa M), but it does appear in the Arabic
version that is in the Vatican ( fatwa V) and the AixenProvence ( fatwa A).
B11
Instead of mentioning Andaluca, like the other fatwas, this fatwa references a more
general public in foreign lands.
B12
All other versions end here, but this version has a post scriptum that neither V, A
nor M have.
B13
Even though fatwa A does not have the postscript, it does quote an Ibnu Nagi en
el sardhi del arrisala when he talks about the purication for the aala. J. Cantineau
explains in a footnote that this is a Maliki Right letter written by Obaydallah ibn Abdar-
rahman Abi Zayd al-Qairawani, who died in 996. The letter was commented by Abul
Qasim Isa an-Naji, who died in 1426, and is the same as Mohammed ibn an-Naji, author
of Ma`alim al-iman.
that the aala of danger, which is done when one is afraid of the enemy in
war, of road thieves, or thing of this nature. This type of aala is celebrated
in this manner:
First, the priest starts the aala with half the people, and at the end oth-
ers come in, and when the danger is too great, then each one does the
aala in his own place and depending on its possibilities, walking or on
horseback, walking slowly, or marching quickly with the head turned in
the direction that you are walking. All of these things are founded in the
precept of the Quran, which says in the rst chapter [i]n the same way
you turn your face towards Heaven, in that same way you will face what-
ever is of your choice and happy for this, it will turn toward the sacred
temple and wherever you are, turn your face towards the temple. And
later on the same chapter says: Careful with the aala, particularly with
the one celebrated between noon and sunset, and if by standing in front
of God with devotion you are afraid of some danger, then you can do it
walking or on horseback. (folio 346r) After this, it says that instead of
water you can use clean soil or sand. The Quran says in the fourth chap-
ter, titled La mesa, by which we understand the supper of our Lord or
the miracle by which he fed the hunger of twelve thousand people with
ve sh and two loaves of bread, and considering that they confused one
thing with the other where they say, O you that have fallen, when you
rise to do the aala, rst you need to wash your faces and hands up to the
elbows and scrub your heads with your wet hands and the feet down to
the heels, and if you were contaminated with pollution you need to purify
your bodies by washing them in the same manner. Tired, recovering, or
when arriving from some path, or when you come back from doing your
necessities, or when coming from the company of women; and you can-
not nd water, then you can choose good soil or sand and you will rub
your hands and face.
Refers to the Alphaquy Abu Abdala Alahamed Abin al-esahaxio in his
untitled book Explanation of the Rays of Splendor in the chapter of
faith that the false prophet said: rubbing your body with soil means that
when lacking water, soil can be used instead.

Religious Hybridity in A Morisco Fatwa

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Medieval

Jewish, Christian and Muslim Culture

Medieval Encounters 16 (2010) 143-180 brill.nl/me

Simulation and Dissimulation:

Maria del Mar Rosa-Rodriguez*

To dissimulate is to pretend not to have what one has.

Koninklijke Brill NV, Leiden, 2010 DOI : 10.1163/138078510X12535199002758

For centuries, Spains ocial history has been marked by an anxiety to

The search for uniformity, simple taxonomy and absolute categoriza-

the historical context.6 Evidence uncovered in recent decades has made it

tu huella: La enseanza de las lenguas semticas en Salamanca en tiempos de San Juan de la

The fatwa contains a long and detailed introduction which identies

implicitly refers to the Ottoman Empires growing power in the Mediter-

As the Qurnic verse explains, in certain exceptional cases, the dissimula-

accusation of heresy, but dicult to prove ones innocence. It is important to understand

Nevertheless, the continuous practice of taqiyyah did produce what schol-

or Catholic) of individual subjects, the day-to-day specicities through

One version ( fatwa V) is in the Vatican.35 Written in Arabic, it is,

1501-1502 and it makes sense that around 1504 crypto-Muslims were

seventeenth century, after 1614.44 This date is somewhat surprising

Appendix A: Transcription of Fatwa X: Epstola Mahomtica del

Mahoma en EspaaA1 -y otras partes-

desea con [veras] el argumento de la ley [de] en divina [mag]

Y en quanto a la aala digo que no se deve dejar aunque se h[aga]

y puricar el cuerpo en lugar de agua , que entones

de -?- {usar} [mi lenia] sera mas acertarlo

femeys de Mahoma, imaginando que es un demo[nio]

sino que Dios lo libero de tal peligro llevandolo

el Alphaqui Abu Mahamed, Abdala Abin abizaydoA18 natu

la qual se entiende la ena de nuestro seor o por el milagro con

Appendix B: English Translation of the Fatwa: Epstola Mahomtica

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