Legal Commons^™

Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar

Early Modern Workshop: Resources in Jewish History

Disputes between married couples in 18th century were sometimes brought before the Jewish court ( the Beit-Din). Analysis of protocols of session which dealt with such disputes reveals facts about tensions caused by contemporary family structure and marriage customs as well as about the means which the court applied to enforce policy. The texts presented here are excerpts from one of the protocol books of the Jewish court of Altona. Altona, at the time subject to the Danish King, shared institutions with the neighboring Jewish communities in Hamburg and Wandsbeck, a union which produced several kinds of documents covering a …

Regulating Communal Space: Mikvaot In Seventeenth-Century Altona, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

Over the course of a few years in the latter half of the seventeenth century, the community of Altona made several changes in the administration of local ritual baths. A series of entries in the communal pinkas, or logbook, elucidates how the community raised funds from mikvaot, how lay and rabbinic leaders worked together, and how communal leaders regulated ritual space both in homes and in communal space.

This presentation is for the following text(s):

• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [50])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [90])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [91])

The Jews And Ius Commune, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

From the sixteenth through eighteenth centuries, there was a gradually increasing integration of Jews into systems of ius commune, loosely, the law of the land, but actually a legal tradition based on Roman law, which subsumed local law, usually called ius proprium. The integration might be purely theoretical or in fact, as certainly occurred in the papal state and it seems elsewhere in Italy, too. This legal integration prepared the way for the major legal upheaval worked by the French Revolution. The implications are many. The details mostly unresearched. The Tractatus de Iudaeis of Giuseppe Sessa (Turin, 1713) is the …

When The Indelible Sacrament Of Baptism Met Mercantile Raison D'Etat, Benjamin Ravid

Early Modern Workshop: Resources in Jewish History

In theory, under almost all circumstances, once a Jew had been baptized, s/he became a Christian and any relapse constituted heresy and was liable to severe punishment, often by death. However, in the mid-sixteenth century the Papacy adopted a far more lenient policy out of considerations of commercial raison d' état and invited New Christian merchants to assume Judaism in Ancona with assurance of complete freedom from any persecution. At the same time, Venice expelled all Marranos from the city and forbade them to return. The papal attitude changed with the Counter-Reformation and former New Christians who had reverted to …

Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller

Early Modern Workshop: Resources in Jewish History

The texts presented here highlight issues of multiple jurisdiction Jews were subjected to in early modern Poland-Lithuania

This presentation is for the following text(s):

• Privilege for the Jews of Lwów (1692)
• Privilege for the Jews of the Przemyśl Region and Rus' (1660)

Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger

Early Modern Workshop: Resources in Jewish History

From the middle ages on Jewish life in the holy roman empire was characterized by their egal status as servants of the imperial chamber (servi camerae, Kammerknechte). Paying taxes to the imperial chamber, the Jews stood under special protection of the Emperor. The so-called Speyrer Jew Privilege (1544) stated the legal framework of the Jewish community of the Empire, prohibiting expulsion, and „unjustified“ acusations of ritual murder and securing undisturbed religious practice, and imperial conduct and protection. But what was this privilege along with other privileges from indiviuals worth in reality? Based on two cases from the Imperial Aulic Court …

Evasion As A Legal Tactic: The 1616 Amsterdam Regulations Concerning The Jews, Miriam Bodian

Early Modern Workshop: Resources in Jewish History

Early modern rulers (or ruling bodies) who chose to readmit Jews in places where they had long been banned were faced with theological dilemmas and practical problems. Although it is true that the principle of freedom of conscience was gaining increasing acceptance, its adherents were rarely clear about whether it could be applied to non-Christians. And while the economic interests of rulers favored the settlement of Jews in their lands, the opposition of guilds and clergy could not be ignored. In these circumstances, a rather striking policy of evasion was adopted - in France, in the Netherlands, and in England. …

The Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert

Early Modern Workshop: Resources in Jewish History

A treatise on the herem composed by Isaac Aboab da Fonseca, the head rabbi of the Spanish and Portuguese Jewish community of Amsterdam. Specifically, this pamphlet defends the authority of the lay leadership council to do so, arguing against unnamed members of the community who are causing scandal by denying that authority.

This presentation is for the following text(s):

• Exhortation to those who fear the Lord, not to fall into sin due to lack of understanding of the precepts of his Holy Law by Isaac Aboab de Fonseca (1679/80)

Challenging Herem In Hamburg, 1732, David Horowitz

Early Modern Workshop: Resources in Jewish History

These documents represent one of the earliest calls for state intervention by the Hamburg authorities into the internal decisions of the bet din. The bed din of the Triple Community of Hamburg-Altona-Wandsbek compelled Joseph Jonas, a resident of Hamburg, to divorce his wife after she was suspected of adultery. When he refused, the chief rabbi and kahal put him and his wife in the ban (herem). Jonas turned to the Hamburg Senate for assistance in reversing the decision and removing himself from the ban. The documents comprise letters from Jonas and the Hamburg kahal in defense of their respective positions …

Takkanot Kahal And The Origin Of Communal Structures In A Franconian Village Community In The 17th Century, Stefan Litt

Early Modern Workshop: Resources in Jewish History

Takkanot Kahal are clearly a phenomenon of early modern Jewry in Europe. Throughout the Ashkenazi world there were four common ways to enact them. By elaborating takkanot, Jewish leaders copied the Gentile custom of creating legal digests in that time, thus adapting the communities to the administrative structures of the early modern state. The short statutes of the community in Ühlfeld, dating fromm 1688, are a rare example for takkanot enacted in an early stage of the local Jewish history. The text clearly shows the efforts of the author, R. Asher Enslen of Schnaittach, to strenghten the ties in the …

Expanding Legal Horizons?, Edward Fram

Early Modern Workshop: Resources in Jewish History

Legal change was not only a result needs to adapt the law to new situations but could be stimulated by new information. New sources were not always accepted and this presentation will attempt to locate the point in time in which acceptance of a large number of new sources took place in the eastern European community of the early modern age.

This presentation is for the following text(s):

• Shulhan `arukh, Yoreh De'ah 19.1 (1567)
• Siftei Kohen-The Priest's Lips on Yoreh De'ah 19.1 (1647)
• Turei Zahab-The Golden Columns on Yoreh De'ah 19.1 (1646)

A Challenge To Sexual And Marital Propriety And Communal Reaction, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

The selection of sources from the early 1550's Rome deal with the question of honor of young women and their fathers.

The Jewish Community of Rome was unimpressed. It wanted it made clear that one did not make accusations that could harm the well-being, in fact, mostly financial, but also the honor, of young women. Indeed, the bride Ricca was herself awarded what amounted to a hefty fine; we know that among Christians, it was the father’s honor that was considered impugned, and any monetary sanctions would go to him. Not here.

Finally, we learn something about sacred and profane. …

Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter

Early Modern Workshop: Resources in Jewish History

This text relates a trial of two Christian women who accepted to Judaism that took place in the city of Dubno in eastern Poland in 1716. The text presented here comes from a collection of primary sources published in Kiev [now Kyiv] in 1869, as part of effort by scholars at the time to collect and publish primary source materials about Ukraine. The collection is called Arkhiv Iugo-zapadnoi Rossii, or The Archive of South-Western Russia, and contains documents from the South-Western part of Ukraine.

This presentation is for the following text(s):

• Two Cases of Apostasy in Dubno in 1716

“The First Duty Of Nature Is To Preserve Life” A Jewish Woman’S Plea For Divorce In Late 18th-Century Trieste, Lois Dubin

Early Modern Workshop: Resources in Jewish History

The presentation discusses a letter from Relle [Rachele] Morschene (1770-1844) of Trieste to Chief Rabbi Raffael Natan Tedesco, written in the throes of her three-year long effort to extricate herself from her marriage to husband Lucio Luzzatto (1755-1801). From 1793 to 1796, Morschene pursued separation and civil divorce through the Habsburg courts at the same time as a Jewish religious divorce. Indeed, she was one of the first European Jewish women to seek and obtain a civil divorce. Her legal situation was novel because Jews in the Habsburg Monarchy were among the first to be subjected to civil marriage regulation …

Jewish Women And Economic Encounters With Christians, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

R. Yair Hayyim ben Moses Samson Bacharach (1638-1702) is well-known for his knowledge of halakha and Kabbalah. Over the course of his lifetime, he served as the rabbi in several locations in the Holy Roman Empire. In these two responsa, Bacharach deals with one of the halakhic problems surrounding women’s trade with non-Jews. Such trade inevitably caused women to enter into seclusion (yihud) with non-Jews, especially since according to Jewish law, the presence of the non-Jew’s wife did not alleviate the prohibition of seclusion with a non-Jew.

This presentation is for the following text(s):

• Havvot Yair, Responsum 66
• Havvot Yair, …

Unequal Opportunities The Economic Possibilities Open To Jewish Women In 18th Century Poland-Lithuania, Adam Teller

Early Modern Workshop: Resources in Jewish History

The following texts present an image of economic opportunities, and gender roles in Jewish society in eastern Europe. The first text is an 18th-century supplication by a Jew, Bunim Szlomowicz, against his wife; the second is a 1751 decree by the Council of Lithuania regulating women's roles in trade.

How Family Wealth And Power Are Organized, Moshe Rosman

Early Modern Workshop: Resources in Jewish History

The following is a translation of Todros Kozuchowski's will. Originally written in Polish, then translated into Hebrew, the will was translated into English by Moshe Rosman.