Medieval Jewish communitities were self-governing entities, generally
allowed by secular rulers to govern themselves according to Jewish law, within
certain limits which varied over time and between kingdoms. Their autonomy vis
a vis other communities was in principle absolute; Jewish political theory did
not allow one community authority over another. When it came to decisions
about taxation or disputes between members of the community, this autonomy was
valued greatly. The drawbacks of autonomy became more obvious, however, in
times of crisis, when the advantages of collective action on a larger scale
became obvious. This ordinance or takkanah was the product of
an increased sense of Jewish vulnerability in the years after the Black Death
(1348). It attempted to draw together Jews from all of the communities of the
Crown of Aragon to address shared problems, and propose collective solutions
to them. The Crown of Aragon was a group of associated realms, governed
separately by the same ruler: Catalonia, and the kingdoms of Aragon, Valencia
and Majorca. The assembly which produced the ordinance was not entirely
successful: it was attended only by delegates of Catalonia and Valencia (see
below), and it failed to create an ongoing institutional framework for
intercommunal efforts. It nonetheless provides important testimony of the
problems perceived by Jews in the 1350s and the sorts of solutions which they
envisioned, as well as the potential difficulties which they faced.
The text given here is partly a translation and partly a paraphrase by
Louis Finkelstein, the modern editor of the text of the ordinance
(takkanah). As he explains, "The Takkanah is written in the Mediaeval
poetic-prose style with innumerable references to verses, rendering a
translation into another language practically impossible." Be aware that text
in quotation marks is a translation from the Hebrew original; the rest is
Finkelstein's paraphrase. The notes are also Finkelstein's unless they are
signed [ed.].
ABSTRACT OF TAKKANAH
The introduction recites the woes that have befallen the Jewish people.
"Many of faint heart, weak by nature" seeing the implements of torture were
unable to withstand the trial and yielded their faith, "crossing over the
bridge in their distress". Apparently some of them turned against their former
brethren, "bending their bow, making ready their arrow" to shoot by their
deadly defamations whomever they pleased. The people of Israel have thus come
into hard times. Unless immediate action be taken danger would result to the
whole community. It was their duty to take counsel and to save themselves and
theirs before the evil fell. Already there were cases of murder and riot here
and there, and no effective protest had been raised. If "the communities
were made into a single union with a common treasury" they would be in a
position to defend themselves, and to bring punishment on such as attacked
them. Of what value would their money be to them if there lives were in
danger? Since there was no leader taking upon himself the duty of protecting
"the sheep of the Lord", the delegates has (sic) assembled at the call of the
Jewish Community of Barcelona to take counsel in the critical situation.
It was evident that the matter could not be left to the
individual communities to deal with separately, as singly they were far too
weak for the task. The only means for saving themselves in the situation was
to use their money power, and they feared that "if one community will not help
the other, we will be unable to bring the money which is annually assessed
against us to the treasury of the King" and that "we will appear ungrateful"
in his eyes and the eyes of the princes. It was therefore necessary to perfect
an organization which should be responsible for the funds. A commission would
be appointed to wait on the King [Peter IV, 1336-87] in order to secure his
assent to the formation of the union and the ordinance which were enacted by
the council. The commission was to hold office for five years.
They were to strive to obtain from the King the following kindness:
1. That he should intercede with "the King of Nations, the
Pope" [Innocent VI, 1352-62], either in writing or by sending "many and worthy
ambassadors", so that he might grant the Jews the following:
a. A decree forbidding the masses of the Christians to fall upon the Jews
whenever a natural visitation, such as a plague or famine, occurs. They should
rather seek the favor of the Lord by good deeds of charity and kindness, and
"not add transgression to their sins" by destroying the Jews whom, according
to their own faith, it was their duty to protect.
b. A law among his Decretals forbidding the Christians to make attacks on
the Jews because of alleged desecrations of the host.[*] Such a case had
occurred shortly before at Seville. The alleged offender should be tried
properly and punished if found guilty, but the Pope was to forbid under pain
of excommunication any general attack on the Jews. Moreover he was to declare
impossible the miracles that were usually alleged with regard to the
desecration of the host, and which were relied upon to incite the mob to
violence. He was to make clear "that any one who believes in all such things
is a heretic against his own faith and laws, which command that they leave us
a remnant in the land."
* Accusations in regard to the desecration of the
host seem to have begun about the middle of the thirteenth century. The
particular outbreak at Seville is not otherwise mentioned to my knowledge.
c. A decree forbidding the placing of the Jewish quarter in a
state of siege about the time of Easter. He was to declare it a grievous sin
to pain the Jews in any other way than that declared by law, namely that they
should remain in their houses behind closed doors "on that day" [*].
*
Jews were forbidden to show themselves on the streets on Good Friday. A church
council held at Mayence, in 1259, forbade them to appear on the streets on
that day under penalty of a fine of one mark. At another synod at
Ashaffenburg, 1292, the Jews were forbidden to come near the doors of their
houses or to look out of their windows under pain of a fine of one mark.
Another synod held at Prague, 1347, commanded the Jews to keep away from the
streets and remain in their homes.
d. A limitation on the power of the Inquisition, declaring a Jew to be
guilty of heresy only when he denies some tenet of his own faith, as for
instance the existence of God, or the Divine origin of the Torah. But no Jew
should be subject to the charge of heresy for supporting heretical views of a
Christian which are in consonance with the Jewish faith. Indeed such a one
might be subject to punishment by the secular power but was to be exempt from
the Inquisition. If the Commissioners should find themselves unable to obtain
this concession, they were to seek a decree ordering the Inquisition to
furnish the accused Jew a statement of the charges against him, and the Jew
was to be granted the right of Counsel [*] Ordinarily the Inquisition defended
its denial of both elemental rights of an accused person by expressing the
fear that if the accused should be a person of influence he might escape
punishment if he were granted these rights, but since there could be no fear
of that in the case of Jews, who were all without influence, it was patent
injustice to deny them this right.
* To defend one accused by the
Inquisition, was to make oneself liable to complicity in the dread crime
of fautorship of heresy. Innocent III in a decretal embodied in the Canon law,
had ordered advocates to lend no aid or counsel to heretics or to understate
their case in litigation. Lea, History of the Inquisition. I, 444.
e. Furthermore "let them obtain the further declaration that if
a Christian should desire to return a stolen thing which he robbed or took by
violence from one of the children of Israel, he shall be obliged to return it
to the Jew, either from hand to hand, or through the priests, but he shall not
free himself from guilt by returning it to a creditor of the Jew."
"All that has been described above will have to be accomplished through
our lord, the King, and his ambassadors, but since we know (best) what our
needs are, for 'the heart knows its own bitterness' we have decided to send
men of wisdom and understanding who will go thither and be in charge of the
matter so that they may obtain for us the decrees necessary for the
above-mentioned matters in so far as they can obtain them."
2.
Furthermore we have decided that "the commissioners shall have power in regard
to all the said matters, and all matters dependent on them or relevant to
them, to choose intercessors and agents in any place or kingdom, and to strive
to secure any sort of improvement at the hands of our Lord, the King, or any
prince or ruler, or any person in the world."
3. Furthermore it
was agreed that while it was impossible to carry out Jewish law, especially
where it involved capital punishment, still it were well to "cleanse away
every Malshin [*] and informer who will be found in any one of
the cities or to pour out evil on him in accordance with his wickedness in the
judgement of the Commissioners and to make him known as a Malshin and
drive him forth. Provided however, that the defamation is in regard to a
public matter, from which there may result, Heaven forbid, harm to all our
people, but not if it is merely a private defamation from which no harm can
result."
* A malshin was an informer [ed.]
Similarly the Communities were to have a common fund to oppose those
inciting the popular to violence against them since "evil of this sort
spreads"... But no notice was to be taken of merely private quarrels between
individual Jews and Gentiles, if no public harm could result therefrom.
4. Furthermore the Commissioners were to strive to obtain a decision of the
Cortes that if "anyone slay a Jew, or try to incite others to violence
against them" he should not be given asylum in the territory of any of the
nobles of princes, but each one must drive him forth from his land.
5. Whenever the nobles and princes would gather to form a Cortes, the
Commissioners were to send their agents to guard the interests of the
Communities, or the Commissioners themselves might attend them. This only
applied to the Cortes of the whole kingdom.
6."Furthermore have
we agreed that they should pursue this endeavor about the ruling of the Cortes
for the five years (of their term)."
7. "Furthermore have we
agreed that whereas the tax-collectors have of late gone beyond all bounds
making sorrowful the souls of our brethren in the matter of their extortions
and they have bound them in affliction and in iron, so that well-nigh unto
death do they cry from their prisons, therefore have we agreed that the
Commissioners should endeavor to obtain a decree from the King, forbidding his
tax-collectors who rule over our people in the matter of taxes, to cause
anyone bodily pain, except in the manner which the King and his ancestors have
been in the habit of employing heretofore.
8. " Furthermore
have we agreed that the Commissioners shall endeavor to obtain a decree from
our lord, the King, that the Communities should not be compelled to pay any
salary to the collectors of the tax or asignaciones since their
pay used to come from the treasury of the King and not from the Communities.
9. " Furthermore they shall endeavor to beg the King to abolish
the special tax for the Duke, for, although we are his, there is no need for
this tax now. For it was originally made for the Viscount (of Avila?) at the
request of the Communities, and at present there is no need of it.
10. "Furthermore they shall obtain a decree from our King, fortified by an
oath, that he should not be able to levy any special tax on the Communities or
on any individual Community from this day forth [*]. For when the Communities
bring their money to the coffers of the King they find grace in his eyes and
in the eves of his counsellors and princes; also if they are in poor condition
our lord, the King, may be generous to them in accordance with his proper
custom, which would not be the case if the taxes were assigned.
* A better
translation might be "that he should not be able to assign the tax of the
community." It was very common for creditors of the king to be repaid not in
cash but with the right to receive specific revenues due to the king,
including the taxes of the Jewish communities [ed.]
11. "Since the heralds of our lord, the King, demand redemption money from
any Jew whom they meet walking innocently, and if he is unable to redeem
himself they cast him 'with thrust on thrust' 'and with the garment they strip
also the mantle', therefore we have agreed that the commissioners should
obtain and acquire a decree from our lord, the King, similar to the former
rule which a few individuals sought and obtained from him now two years past,
but which matter was never carried out because they were unable to supply the
redemption money.
12. "Furthermore we have agreed that they
should seek to alleviate from the communities the burden of the expense of the
beds (or the staffs) [*] which the courtiers of the King make and
demand from us, since it is a heavy burden upon us and there is no gain to the
King in hurting us and wasting our money.
* This refers to cena,
the obligation to provide housing for the royal court, an obligation from
which many Jewish communities had already sought exemptions [ed.].
13. " Furthermore have we decided to obtain a decree from our lord,
the King, promising that he will not appoint any Comisares (special
investigators) to examine any matter relating to Jews. That can be left to the
Ordinares (ordinary judges). For the Jews are weak and it is
unnecessary to put them in the hands of a hard master; and also in that way
(by appointing special investigators) the expenses increase without any gain
for the King while the Jews grow poorer. The appointment of the
Comisares should only be made at the request of the chosen Commission.
14."Furthermore they shall endeavor to obtain a decree from the
King that no investigation shall be made merely at the request of the
Fiscal (treasurer or financial agent), unless there is a claimant in
the matter, that is to say a Clamador legitimo. And even if originally
there was a true complainant and he then withdrew the complaint or-the demand,
the Fiscal shall have no right to pursue him in order to. make him pay
because of the fine. So also the Fiscal shall not be able to prevent
the Ordinares (from carrying out their wish), if they desire to
arbitrate the matter, or if they wish to forego it completely in their
kindness."
15. The Commissioners shall furthermore obtain a
decree that the Scribes and the court-heralds should not be permitted to act
as Counsellors in any matter of quarrel or contention or in any complaint
which one man has against another. They should act only as is befitting their
office and profession.
16. "Furthermore have we agreed to ask
our lord, the King, to compel each community of those taking part in this
synod to pay the share which is assigned to it in accordance with the division
which is made between us.
They shall be compelled to pay these expenses in
the same manner they are compelled to pay the taxes of the King, whether by
punishment of body or property, or by excommunication or ban. The said
compulsion is to be executed at the order of the Commissioners and with their
agreement and at the expense of the Community which should refuse to pay its
portion.
17. "Since not all the communities have joined us till
this day, some of them in their letters making it clear that the work is
pleasing to them, and that they are ready to come up and take counsel with us,
nevertheless did not come at the designated time, perhaps because of
unavoidable accidents; while the leaders of others have informed us that the
work is proper in their eyes but they did not succeed in joining us in one
federation; while we need to co-operate in regard to some generally useful
matters, and it is not fit that we should spend money and that they should get
their share of the benefit sitting comfortably in their homes and not giving
their share of the expenditure; therefore have we decreed that in regard to
all those decrees and customs and ways which the Commissioners will obtain,
from which any improvement will come to those Communities (which are not
represented), the Commissioners shall obtain a decree from our lord, the King,
compelling also the unrepresented Communities to pay their share of the
expenses of such affairs in accordance with the advantage which accrues to
them in the eyes of the Commissioners.
18. "Furthermore have we
agreed that we should obtain a decree from our lord the King, that if any
member of any of the Communities whether of those who are taking part in this
synod or of those who are not, shall in the view of the Commissioners be
guilty of attempting to nullify anything that was undertaken in common or to
nullify or lessen the power of the Commissioners or any of the Takkanot or
Decisions upon which we have agreed, all the Communities shall be obliged to
separate themselves from him and to punish him and to conduct themselves
toward him with all the severity and in the manner in which the Commissioners
will agree and of which they will notify them. And in this way they shall be
able to raise all the expenses which seem necessary to them for the expenses
of the Communities who are combining.
19. "Moreover since the
matter of the said confederation which the Communities have taken to their
hearts and decided to form for their common safety, can only succeed through
the impeccable character of the Commissioners, therefore have we agreed that
no person shall attempt to obtain a letter from our lord, the King, giving him
a place and a name among these Commissioners, or in any of the said matters.
Nor shall one be permitted to make any other endeavor within the five years or
after them, if they should agree to prolong the time, under pain of fine and
excommunication, and that all the Communities shall separate themselves from
him, and shall deal with him as they do with a Malshin or an informer.
20. "The Commissioners will continue to work in accordance with
the power that is given them to disburse the funds of the communities, even
after the expiration of their term in accordance with the way in which they
incur them in the work during their term.
21. "Furthermore have
we agreed to obtain a decree from our lord, the King, or from his appointees,
to establish all the said provisions, and that he should fine the one who
transgresses them such a fine as he may think fit.
22.
"Furthermore we explain that wherever it is directed in this document that the
Commissioners obtain a decree or decrees from our lord, the King, they have
the option of obtaining the decree in person or through others as they may see
fit.
23. "Furthermore have we decreed that the Commissioners
who will take action in all the above-mentioned matters and who will have
power in regard to all these matters in accordance with the provision made,
that is to say in regard to all matters which are of general importance to all
the Communities, shall be (chosen) in the following manner: two for the
Communities of Catalonia, two for the Communities of Aragon, one for the
Communities of Valencia and one for the Communities of the isle of Majorca, if
they will agree to this; and that the two delegates for Catalonia shall be
those on whom the Communities uniting on this decision have agreed, namely En
Crescas Solomon and anyone whom he choose to act with him; the one from
Valencia shall be Don Judah Eleazar, or anyone whom he shall choose in his
stead; and for the other kingdoms those upon whom they will agree in their
choice.
24. "Moreover since the Communities of Aragon have not
yet joined, therefore have we agreed that the two Commissioners from Catalonia
or others acting for them shall have power to admit them and to come to an
agreement with them regarding all the conditions and ways which appear proper
for joining with them, whether in regard to the division of the expenses, as
to the manner of sharing it among ourselves, or in regard to the choosing of
men who will endeavor to carry out the purpose of the said union, or their
manner of action or the power which is given to them, and in general, in
regard to everything that will appear to them necessary for the completion of
the said union; and all that they agree upon with them shall be established
and accepted on us and upon all who join with us.
25.
"Furthermore have we agreed that all the Commissioners shall be obliged to
look after and to strive to carry out the duty of their office and everything
which is placed on them; and they may not lighten their burden but they shall
be obliged to strive and to act in accordance with the intentions of the
Communities which have entrusted to them under oath all the work of protecting
their gathering and their affairs.
26. "Furthermore have we
agreed that if it should happen that the Commissioners or any one of them
should be unable to look after the affairs which have been placed on them,
they may appoint others in their place and then the power of the proxies shall
be like that of the principals in that matter or in any special matters
which they shall agree to leave in their hands.
27.
"Furthermore have we agreed that everyone of the Communities which are hereby
uniting, shall issue a herem -- in such a formula as the Commissioners will
decide upon -- a herem upon themselves and upon all the Communities which are
hereby uniting, and upon all who will join them, to act in accordance with all
the customs, ordinances and ways which the representatives of the Communities
have agreed upon and have written in a document signed by them, and with
whatever the said Commissioners may choose, by the authority which is given
them by the said representatives of the Communities, and whoever transgresses
these ordinances knowingly shall be declared excommunicate and anathema in all
the Holy Communities until the Commissioners who carry out the duties of their
office free him. Besides all these detailed matters in which power and
authority have been given to the Commissioners in accordance with what has
been described above, we have furthermore agreed that if they think that the
Communities require something through which a general gain may be derived,
they shall have the power and the right to strive to obtain a decree or
decrees which may be needed for the purpose.
28. "Furthermore have we agreed that wherever power has been granted the
Commissioners they may incur whatever expenditures they may deem necessary for
these things, and the Communities who unite on this shall be obliged to pay
their portion of whatever they have spent in accordance with the division
among them.
29. "Furthermore have we agreed that the
Commissioners shall be obliged to give an account of their receipts and
expenditures only to their several kingdoms, that is to say, the
representatives of Catalonia shall report to the Communities of Catalonia and
those of Aragon to the people of Aragon in accordance with what they agree
among themselves, similarly for Valencia and Majorca.
30.
"Furthermore have we agreed that we shall strive with all our power to obtain
a decree from our lord, the King, to permit the Jews who live under his
government to remove from the places belonging to the King to those under the
knights or wherever they may choose, just as this right was given them of yore
and that he should set at naught the decree which is in existence at the
present day.
"To all the said decrees and all the said matters have we, the undersigned,
agreed and we have taken it upon ourselves to execute all the documents in
this regard which will be necessary after we have obtained permission from our
lord, the King, but we have written all this merely as a record of
proceedings. which took place in the month of Tebet of the year 5115 of
the Creation.
We have written and signed this we Moses and Crescas by the authority given
us for this in a document executed by the notary, En Marco Castanero on the
twenty-fifth of September of the year 1354, Common Era, and I, Judah, by the
authority conferred upon me by a document, executed by the notary, Guillem
Berndt de Ximo, on the first day of September, 1354, Common Era. And all is
firm and established."
Moses Nathan Haii
Crescas Solomon
Judah Eleazar.