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Jew History
(2006) 20:315-332
10.1007/sl0835-006-9018-z
DOI
Ben-Naeh
Published
?
ownership
online:
Springer
28 November
+ Business
Science
2006
Media
B.V.
2006
Abstract
of
the community.
These
phenomena
attest
once
again
to the great
extent
to which
Jewish
society and its norms and codes were influenced by Muslim urban society, and the gap between
rabbinic rhetoric ideals and the dynamic daily existence of Jews from all social strata.
Keywords
responsa
slaves
Ottoman
Ottoman
Jewry
Sephrdi
Jews
Slavery/slaves
Istanbul
sijil
Empire
Slavery and slaveholding has been among the most outstanding aspects of life in the
various and varying Muslim societies over the centuries.1 As is reported by hundreds of
as a Mandel
for this article was carried out during my postdoctoral
Scholar at the
fellowship
of
Institute of Jewish Studies, the Hebrew University
Interdisciplinary Research Center, theMandel
Jerusalem. The article is based on a lecture delivered at a conference
in honor of Prof. Amnon Cohen in June
2005 at the Ben-Zvi
2005. I thank Prof. Kenneth
Institute, Jerusalem; and in Ankara, Turkey, in October
Stow for his kind and friendly guidance.
Research
Scholion
are a few references to research literature on slavery in the Ottoman Empire, all of which
!The following
contain further bibliography:
Ehud R. Toledano,
The Ottoman slave trade and its suppression:
1840-1890
(Princeton,
1982); idem, State and society in mid-nineteenth
century Egypt (Cambridge,
1990); idem, Slavery
and abolition
in the Ottoman Middle
East (Seattle and London,
n.l; and the volume of
1998), 135-136,
essays, Miura Toru and John E. Philips (eds) Slave elites in theMiddle East and Africa (London and New
in Ottoman
The concept of slavery
and other Muslim
societies:
York, 2000),
esp. Ehud R. Toledano,
dichotomy or continuum', Bernard Lewis, Race and slavery in theMiddle East: an historical
enquiry (New
discussion
of the state of research is in Toledano,
York,
135-154;
1990). Toledano's
Slavery,
Suraiya
Faroqhi, Ottoman men and women (Eren Press, Istanbul, 2002); Nelly Hanna, Sources for the study of slave
women and concubines
in Ottoman Egypt,
In: Amira El Azhary Sonbol (ed) Beyond
the exotic: women s
histories in Islamic societies (New York,
the Ottoman era and historical
sources.
Y Ben-Naeh
The Hebrew
in
(?SI)
Jerusalem,
e-mail: yaronbn@mscc.huji.ac.il
University,
Israel
?} Springer
316
Y. Ben-Naeh
Hebrew
and
the
sources,
dozens
reports
of
lands.
The
Muslim
documents
ordinances,
of
ownership
common
in Jewish
than
in North
communities
the Shari'a
produced
by
common
also
was
slaveholding
in
w7omen,
particular,
travelers,
was
or
Africa
courts,
Jews
among
in
widespread
households
far more
of official
European
era. It was
certainly
we
What
Europe.
in
Jewish
know
about this practice may now be considerably enlarged thanks tomy discovery of about 100
as yet
unknown
the quarters
documents
of
from
Istanbul.
These
the
court
seventeenth-century
documents,
especially
registers
now
as w7e will
one
of Hask?y,
study
them
of
alongside
known rabbinic sources, provide information that both supports existing data and permits
new
asking
questions.2
in the Ottoman
Slavery
on
Research
slavery
Empire
in the Ottoman
Empire
first
on
concentrated
economic
and
has
one
master
the existence
to another,
of various
and
academic
to the
scholars
on
concentrated
and
place
lives
of
the
slaves
on
bonds
classes
of
of
slaves,
loyalty
and
and minorities
legal
issues;
patronage.
from
Growing
themselves.4
The first study dealing with slavery in theMuslim world in its Jewish context was an
article published by Simha Assaf in 1939, who indicated how widespread Jewish ownership
of slaves was and who discussed the status of slaves under the headings of the "law of the
2
Dr. Cengiz Sisman and I intend to publish a collection of documents from the seventeenth-century
Hask?y
court records.
3
See note 1, above. See also the following:
to Islamic law (New York,
Joseph Schacht, An introduction
'Abd, Encyclopaedia
1964), 127-130; Robert Brunschvig,
of Islam, I, 24-40; Gabriel Baer, Slavery and its
in idem, Studies in the social history of modem Egypt (Chicago
abolition,
1969); Allen W. Fisher, The sale of
- some
slaves in the Ottoman Empire: markets and state taxes on slave sales
considerations,
preliminary
in Ottoman
6 (1978),
Universitesi
149-174;
idem, Studies
Bogazi?i
Dergisi
slavery and slave trade, II:
in the social and
Journal
Halil Sahillioglu,
Slaves
manumission,
of Turkish Studies 4 (1980), 49-56;
economic
life of Bursa in the late 15th and early 16th centuries, Turcica
17 (1985), 43-112.
4
In this respect we should not overlook
the impressive testimony of ?emsig?i,
sold into slavery in Istanbul
and later resided
in Cairo,
that emerges from the records of a police
inquiry. See Ehud R. Toledano,
a Circassian
In: Toledano
slave in mid-nineteenth-century
and
Cairo,
Semsig?l:
female
(ed), Slavery
are the studies of Suraiya Faroqhi, Madeline
of special mention
abolition,
Zilfi, Leslie Peirce,
deserving
Yvonne Seng, and others, devoted to urban Ottoman
and slaves of both sexes; Madeline
C.
society, women,
slaves and the domestic order in the Ottoman Middle
Zilfi, Servants,
East, Hawwa
2, no. 1 (2004),
1-33;
J. Seng, Fugitives
Yvonne
and factotums:
slaves in early-sixteenth-century
Istanbul, Journal
of Economic
and Social
Istanbul,
continue
39 (1996),
in sixteenth-century
id., A liminal state: slavery
136-166;
History
of the Orient
In: Shaun E. Marmon,
in theMiddle East (Princeton,
Israeli scholars
(ed), Slavery
1999), 25-42.
to make significant contributions
to research in this sphere. See Dror Ze'evi, My Slave, my son, my
why
of slavery and Kid Identity?, In: Essays on Ottoman civilization, Archiv Orientalni
Supp.
Ron Shaham, Masters,
their freed slaves, and the Waqf
in Egypt
411-416;
(fifteenth
and Social History
162-188.
centuries), Journal of Economic
of the Orient 43, no. 2 (2000),
Ze'evi, Hie
8 (Prague,
twentieth
abolition
1998),
Springer
Jewish
of slaves
ownership
in the Ottoman
were
archives
and
opened
317
Empire
of
on Ottoman
studies
in general.
slavery
The first to enter the fray was Haim Gerber, followed by Ovadia Salama.6 In themid-1990s,
Ruth Lamdan wrote on Jewish slaveholding in Syria and Palestine during the sixteenth
century, which addressed the institution's halachic and social aspects and focused in
on
particular
the distress
caused
slaveholding
the wives
of
owners.7
The sijil documents I have unearthed allow us to go further. Essentially, there is nothing
unusual about this body of texts. Applying to the Shan a court was a normal procedure
whose
was
purpose
as Kitaba)
(such
registration with
manumission
to conform
and
to formal
contracts
requirements:
of
transfer
At
times,
was
manumission
of
employment
necessitated
slave-ownership
(rtak-name[h]).
notarial
or
the manumission
legal
(Hujet), or a writ of
made
on
contingent
the
continuance of wala, or kinship, which signified that the former owner retained the right
to inherit the freed slave, and which, in turn, presupposed "mutual loyalty" and something
that
resembled
The
documents
patron-client
concern
relationship.8
female
slaves
almost
I found
exclusively;
one
only
case
concerning a male.9 Slavery thus seems to have been limited to those who would provide
household services of the kind exclusively performed by women, including sexual ones.
This helps explain why nearly all the slaves were white females, principally of Slavic origin
captured during Ottoman campaigns, or by their Tatar collaborators in Eastern Europe, with
only
a few
of
other
provenance
Circassian,
Caucasian,
and Austrian.
Hungarian,
Black
captured
Women,
skills,
too,
physical
enslaved
women;
slaves,
bought
strength,
male
and
the
an obedient
likely
nature.
should
however,
preference,
but most
traits women
Beauty,
for
sought
was
the documents
consumption,
speak
of
the slave
female
being
slaves
who
a "beautiful
were
to be
object"
deformed
and
be
ruled
out were
them,
not
no
out.10
domestic
doubt
for
the
off. No
wonder,
scarred.11
Simha Assaf, Slavery and the slave trade among the Jews during the Middle Ages, Zion 4 (1939): 91-125;
ibid. 5 (1940): 271-280
1943], 223-256
[Hebrew]).
(reprinted in idem, In the Tents of Jacob [Jerusalem,
6
centuries: society and
Hayim Gerber, The Jews of the Ottoman Empire in the sixteenth and seventeenth
in
economy
(Jerusalem,
Salama, Slaves owned by Jews and Christians
1983), 14-16 (Hebrew). Ovadia
Ottoman Jerusalem,
Cathedra 49 (Sept. 1988), 63-75
female
(Hebrew7), notes that Jews did own Muslim
slaves and male slaves from among the dhimmi, see; see also Amnon Cohen and Elisheva Simon-Pikali,
Jews
in the Moslem
court: society, economy
and communal
in the Xllth
century
organization
religious
documents from Ottoman Jerusalem
391
(Jerusalem,
1993),
(Hebrew).
'
Ruth Lamdan, Female
slaves in the Jewish society of Palestine,
Syria, and Egy?pt in the sixteenth century,
In: Minna Rozen
in the history of the Jews of the Ottoman Empire
(ed) The days of the crescent: chapters
(Tel Aviv,
1996), 355-371
(Hebrew).
8
Court
Records,
Istanbul, vol. 3, 80b; 117; vol. 4, 55b; vol. 5, 44; 49; 52; vol. 9, 9; 10; 11a; 16;
Hask?y
vol. 10, 15; 56a; 62; 70; vol. 11, 48; 56, 58, vol.12, 4; vol. 14, 48; 66; vol. 17, 24a; 35; 46b-c;
57b. See
a
in the Mamluk
Walter Heffening,
Shaun E. Marmon,
Domestic
Wala, El (e-version);
slavery
Empire:
sketch, In: Shaun E. Marmon
preliminary
1999), 15-16.
(ed) Slavery in theMiddle East (Princeton,
9
of male slaves.
literature makes more frequent mention
Hask?y, vol. 7, 93. Rabbinic
10
slaves: Hanna, Sources (New
Nelly Hanna claims that Cairene Jews owrned mainly Falasha (Ethiopian)
are mentioned
York 2005),
129. These black women
sexual: David
by Radbaz, as shameless and notoriously
Ibn Zimra, Responsa,
1, Venice
1749, ?196, 34d.
11
On scarred, injured and lame slaves see for example: Hask?y, vol. 5, p. 44, 52, 108; 121; vol. 9, p. 108;
vol. 10, p. 56b; vl. 14, p. 48; vol. 17, p. 44b.
Springer
318
Y. Ben-Naeh
Many,
European
if not the large majority, of the women brought from Balkan and Eastern
regions w7ere originally Christians, and they are identified accordingly as
nasraniyye,
least some
of
retained
we
their
milletinden.
isaviyye
had
the women
we may
assume
is not
that at
specified,
religion
names.
to Judaism
and were
Jewish
Others
given
are not mentioned,
Muslim
slaves
birth-names.12
although
When
converted
or Balkan
Slavic
and women.
was
the ownership
or even
inheritance)
Sometimes
shared
or
of purchase
are silent
In most
the sources
cases,
relations
of the w7omen
particularly
we
comes
information
have
from Hebrew
result
household
performing
in what
concubines,
several
family
in partnership
with
neighbors.14
or
the duties
of slaves
about
with
or
their male
and
sources,
it clearly
indicate
was,
on
the whole,
the
substance
them also
relative
of
What
little
to female
points
of
as a
(whether
masters.
female
chores alongside
the documents
by
harmony
slaves
served as
with
the
lady of the house. Writs of manumission registered in the courts often note, too, that the
owners are freeing a female slave who had served them loyally and obediently.15
Jews
identical
freed
their
Manumission
slaves
as
reasons
could
the same
using
did
come
usually
legal
most
Muslims,
at
the
under
procedures,
commonly
end of a
in accord
set
similar
with
with
period,
conditions,
kitaba
or without
and
for
contracts.16
payment.
Indenture itself was generally for a set period of time - a few years of service, and at times
no more
...who
than
was
a year
or
the vekil
two.17
and
for
Ilya,
the eldest
example:
son
of Avraham
veledi
Ely
a the
Jew, who
lives
in
the Kiremitci Ahmed Celebi neighborhood inHask?y and whose vekale w7as testified
by Yasef son of Mihayil and Ilya son of Nahem the Jews, came to the court and
reported on the presence of the cariye of the said Avraham, Eponiye daughter of
Romane,
who
was
tall, had
blue
eyes,
detached
eyebrows,
and was
of Russian
origin:
'The said Abraham made an agreement with the said Eponiye, that if she will serve
him four years with loyalty, at the end of the period she will be free like the other free
people.' The said Eponiye accepted the agreement, and what happened was registered
in 5 Sewal 1090.18
12
bint Patrik (3, p. 115a); Otine
Maria
(3, p. 105); Mazaltov
(hask?y, 2, p. 32b; 7, p. 54); Hana bint Hristola
names
bint Pavan (5, p. 49); Eponiya bint Romana
(6,9). On the custom to give them Jewish-Judeo-Spanish
see: Yizhak haCohen, Batey Kehunah,
2, Izmir 1736, Beyt Din, ?38, 76c.
13
See for example an order from 1022 (=1613), forbidding dhimmis to employ Muslim
slaves: Osman ?etin,
ve Sosyai Sonu?lari,
Ankara
Sicillere G?re Bursada
Ihtida Hareketleri
1994, 96.
(1472-1909),
14
vol. 10, 56a (a brother and a sister). For a
See, e.g., Hask?y, vol. 3, 115b (four brothers are mentioned);
see Hask?y, vol. 17, 45a. Similar types of ownership
case of joint ownership by two female neighbors,
can
in the responsa literature. See for example: Mosheh Amarillio,
Devar Mosheh,
be found in cases described
1,
(Sal?nica
?56, 85b.
1742), Yoreh De'ah,
15
Again and again appears the phrase 'she served me loyally'. See for example Hask?y, vol. 10, p. 106; vol.
11, p. 4-5, 7.
16
For example, one volume of court records (Besiktas Court Records,
Istanbul, vol. 77, for the years 1077
- it was
1779/ 1666-1668)
contains five deeds of the kitaba type: vol. 77, p. 24
agreed in the contract
a
the
be
slaves
that
she
freed
would
Russian
female
upon
payment of 100 guru?. Since she had
concerning
serve one more year in lieu of the other ten; p. 78, 2 - the slave Hannah was freed
paid ninety, she would
after fifteen years of loyal service (meaning no attempts to escape or betray her owner); p. 127, 1
the
- a Jew releases his Russian female
manumission
deed of a female slave; p. 128
slave; p. 131, 1 agreement
for release of Rahela, a Russian female slave, after two years of service.
17
One year: ibid. Hask?y, vol. 3, 105; two years: Hask?y, vol. 9, 9; Hask?y,
the same in Bursa, see Sahillioglu,
Bursa (1985).
18
vol.
9.
6,
p.
Hask?y,
vol.
Springer
were
Jewish
of slaves
ownership
Freedom might
end with
also
were
usually
were
then
was
not
in the Ottoman
319
Empire
the death
entrusted
of
or as an act of piety.
Slaves
who
whether
Jewish
owner,
(former)
the owner
at once
removed
from
to a Muslim
custodian
synonymous
with
necessarily
and
sold
liberation.
to Muslims.
only
to Islam
converted
or Christian.
their
They
to Islam
Conversion
To wit:
The slave [together with her daughter fathered by] a Jew [her owner] from the Piri
Pasa neighborhood, w7ho was of medium height, blue eyes, reddish eyebrows, pointed
and
nose,
daughter
her
Jewish
Islam.
She
was
as Giilistan,
named
and
her
named
An earlier document
mother's
to
converted
daughter
as G?lbuse.20
was
to Islam,
conversion
owner-father
one
and,
slave
both
and
imagines,
child
adopted
by
a daughter
here
a Muslim.
- were
taken
source
Another
from
the
the
documents
an event that took place in Jerusalem in 1579. Fauna, the Muslim slave of the Jewess
Marhaba, arrived before the court, said the Shahada (and thus formally converted to Islam),
and
was
consequently
turned
over
to
the
of
commander
the
In mid-sixteenth
fortress.21
century Bursa, a convert (possibly a former Jew) was flogged for selling a Muslim slave
girl to a Jew: The author mentions the confiscation and sale of the Jewish sarraf's Russian
slave
that became
Jewish
Western
Muslim.22
slave-trading
sources
repeatedly
mention
that
Jewish
men
and
women
in
resident
Istanbul
engaged in the buying, training, and sale of slaves,23 although at times, "slave trading"was
not
of texts nonetheless
Jews
ransoming
Jewish
captives,
as was
the
tradition.24
small
number
19
of the end of a set period
Hask?y, vol. 7, 96; vol. 10, p. 56a. See also vol. 7, p. 27, p. 54 (a combination
and payment).
In another case, a Christian bought his cousin from Yasef the Jew and redeemed her: Hask?y,
vol. 14, p.66. see also vol. 11, p. 30, p.78, p.80.
20
vol.
her over is mentioned
in page 67. For another case of two slaves
14, p. 68. Handing
Hask?y,
see: Hask?y, vol. 7, 42.
but without mention
of confiscation,
becoming Muslim,
21
Cohen & Pikali, Jews, [Jerusalem 1993], no. 457. In another case from Istanbul the Jewess Sultana was
warned by the court to turn over her converted slave to the Kethuda of the Bedestan,
(Sijil Be?ikta?, vol. 77,
des Kadiamtes
112). For a case, from Sofia, see G.D. Galabov & H.B. Duda, Die Protokollb?cher
Sofia,
M?nchen
1960, pp. 82, 167-168, 209.
"
For both cases, see ?etin, Bursa, (Ankara, 1994), 95-96.
23
are a few relevant references
The following
to travel literature of the seventeenth
century: William
Lithgow, The total discourse
of the rare adventures and pain)id peregrinations...(Glasgow,
1906), 122-123
in 1610; first ed. 1632); Voiage de Levant fait par la commandement
du roy en l'ann?e
(journey conducted
2d ed. (Paris, 1629), 113; Le voyage d'Italie et du
1621, par le Sr. D.C. [L. Des Hayes, Baron de Courmenin],
Levant de Messieurs
Fermanel
[et al.] (Rouen, 1664), 52-53 (Journey ca. 1630); Joseph Pitton de Tournefort,
A voyage into the Levant...,
vol. I (London,
1718), 382.
^4
lands (1391
See, in extenso, Eliezer Bashan, Captivity? and ransom in Jewish society inMediterranean
1980) (Hebrew). For a Jewish saying about the habit of ransoming
1830) (Ramat Gan,
captives, usually
above their market price, see David
1 :?40, 7a. This fact was known to gentiles: See the
ibn Zimra, Responsa,
Frenchman Pierre Belon quoted in Paul Grunebaum,
Les Juifs d'Orient
testimony of the sixteenth-century
et les voyageurs, Revue des ?tudes juives 27 (1888),
134. For a specific episode, the
d'apr?s les g?ographes
ransom of the 1648-1650
Polish and Ukrainian
Jewish captives, see Daniel Carpi, Initiatives of the Paduan
Jewish
41-72,
community
esp. 41-55
on behalf
of Polish
Jews during
of 1648-60,
Gal-Ed
18 (2002),
(in Hebrew).
Springer
320
Y. Ben-Naeh
esirj?). A communal ordinance dating from the early seventeenth century also points to
extensive Jewish involvement in the slave trade in Istanbul (as well as Karaites). The
reads:
prologue
Since within the holy community, may the Lord save it and keep it, there are
individuals who negotiate to buy and sell male and female captives as male and female
and
slaves,
times,
buys
a few
slaves
of
not
them who
among
their
own,
buy...slaves
it is customary
and
for
the...slaves
in order
to make
to sell
in order
in the
state,
from
them
earliest
[irrespective
of] whether
a
or whether
one
profit
one
buys
for himself....25
Likewise,
slave
Sara
as
them
to pay
to the governor
the...tax
or sells...slaves
through
negotiation
them
Jewish
are also
there
to use
but
dealer
daughter
as
of Avraham
a woman:
it was,
the Jewess,
known
as the slave
trader
[ 'esirji'in
Otto.
Tur.],
lives in the Kiremit?i Ahmed neighborhood in Hask?y came to the court and
reported in the presence of Bana daughter of Havadyr the slave ['cariye' inOtt. Tur.],
wiio is of medium height, detached eyebrows, blue eyes, has a dot on her right ear, and
of Russian origin: 'I have manumitted my slave, and now she is free like other free
who
people.'26
use
for personal
or for
resale.
No doubt slave dealers kept several slaves in their homes for lengthy periods of time
until they could train and sell them to proper buyers. The basic skills slaves acquired were
to perform household chores like cooking and embroidery. To prepare them for service in
Jewish homes, slaves had to be taught the Jewish dietary laws of kashrut. Since inmost
cases the slaves were females, much of the daily contact with them was through the women
of the household. Training the most accomplished slaves, in anticipation of their resale,
took much time and included the acquisition of cultural skills needed for future service in
the harems of the ?lite. One can easily imagine that newly acquired slaves were also taught
Turkish,
have
singing,
been
dancing,
and
Jewish
professional
how
to play
musical
instruments.
The
teachers
well
may
performers.
some
printed
and
others
still
are devoted
in manuscript,
to the presence
of
slaves,
and to problems and situations that emanate from it, is another indication of slaveholding's
25
26
Hask?y,
27
Shmuel
haMizrah,
Zion
238-239.
1,2 (1936),
Responsa
(Hebrew).
(Venice
1630), 2:?78,
Springer
See
also David
from Caffa
39a.
(the
Jewish ownership
of slaves
extent.
works
of
These
slaves
The
or outlining
use
frequent
even
321
Empire
formulaic
reproduce
the procedures
of deeds
lends
middle-
among
widespread
in the Ottoman
deeds
of manumission
support
the purchase
to Judaism.
recording
conversion
to the assumption
Jews
and upper-class
for
and
that ownership
and large
in medium-sized
of
sale
and
slaves
was
and
even
cities
in the provinces from at least the late sixteenth century until themiddle of the nineteenth
century. The sijill documents complement the response literature, and attest to the fact that
women
many
owned
slaves,
in their
component
important
physical
such
attributes,
more
perhaps
assets.
than we
would
expect,
and
this makes
features,
and
capabilities,
and
an
them
influenced by the
perhaps
also
by
the
length of service agreed upon.29 Records of income from taxes for the year 1691/1692
indicate that the neighborhoods of Hask?y and nearby Piri Pasha, where our documents
originate, were poor. About 80% of the Jews living there paid the lowest tax rate, while
only 16.5% were at the intermediate level, with less than 4% considered wealthy.30
Undoubtedly, more Jewish owned slaves were found in neighborhoods containing a good
percentage of middle-class
slave
owners
themselves
were
of
wealthy,
frequently
new
owners
previous
owners.
of
communication
and wealthy
the Jewish
These
and,
upper
helps
considered
the slaves
Jews owned were
explain why
An
status was
that
of
their
outgrowth
"high-class".31
to maintain
relations
good
sought
relations
could
be of considerable
between
value,
such
since
slaves
and
they were
their
a means
influence.32
sometimes,
28
For example the book Yad Ne'eman,
from the second half of the eighteenth century, includes a Kuntres
Get Shihrur' (tract on a deed of manumission)
with a detailed description of the process by which a slave is
To
freed, including the exact text of the statements made before the judges during the act of manumission.
See Haim Miranda, Yad Ne'eman
this, the author appended the texts of deeds of manumission.
(Sal?nica,
contrasts with the lack of similar sources
1804), ?7, 55c-d (Hebrew). This care in dealing with manumission
for North African
in the Ottoman
networks
Empire
(Oxford
and
Springer
322
Y Ben-Naeh
Muslim
were
Non-Muslims
to own
forbidden
slaves,
their
whatever
origin,
that dates
prohibition
to the time of theMamluks, who feared lest the slaves be converted to a religion other than
Islam. They also did not want dhimmis, essentially Jews and Christians, to acquire this
important status symbol, just as dhimmis were forbidden to wear luxurious clothing.
Mamluk consistency, and severity in enforcing the restriction seems to have gone by the
boards under the Ottomans. Ordinances issued by the imperial court beginning in the mid
sixteenth century to police the holding of slaves by dhimmis were neither uniformly
enforced nor were their directives themselves uniform. They also differed from place to
place throughout the empire. The same applied to some other restrictions of Muslim
law7. At
religious
only
to own Muslim
Jew7s
register
times,
female
elderly
slaves
the holding
of slaves w7as absolutely
were
and in still others,
permitted,
slaves. Documents
and Christians
on
forbidden,
what
alone
other
was
occasions
forbidden
w7as
owning
a few7 score
only
female
or
slaves
the names
of
slaves
Jews once owned. But there is good reason to believe that Jewish communal leaders kept
the authorities in the dark about the true figures, or that wiiat we see on paper reflects no
more
was
than what
was
enforcement
in negotiations.33
circumvented
decided
strict.
Jews
This
not
seems
only
to have
been
the general
the case
even
even
but
prohibition,
when
that
against acquiring Muslim slaves, often through the use of aMuslim intermediary to carry
out the transaction. The seventeenth-century French traveler Des Hayes described this
method. He made special note of the difficulty in procuring beautiful female slaves, which
some Jewish ladies (besides men) nevertheless managed to do by having a Muslim act in
their behalf34 Itwas also possible to offer a bribe.35 These practices might come to an end,
however,
when
a new
regime
took
power
or when
Muslim
at dhimmis
anger
flouting
Islamic law periodically boiled over, leading to the strict enforcement of "sacred [Shari'a]
law".36 More
pragmatically,
supply
and
demand
may
have
influenced
to purchase
slaves.
When,
on
the other
hand,
there was
official
attitudes
of
those
slaves,
of
slaveholding
by non-Muslims
gave
way
to ownership
of
slaves
were
who
not
33
Gerber, Jews, (1983, 14-15). Compare with the data provided by Yvonne Seng about an ordinance dating
1021 (=1612) w7hich obligated all dhimmis freed by Jews and Christians during the past six years
from A.H.
to apply to the Shari'a court within
The result was that only 60 men and
three days for new documents.
women
turned to the court. See Seng, Fugitives,
31, based on the Istanbul record book, vol. 1,1a.
34
as a loan, or some
Des Hayes, Voiage de Levant, (1629,
113). The transaction might have been disguised
other payment. See for example David
ibn Zimra, 4, Livorno
1652, ?48, 8a.
35
source from the turn of the seventeenth
As we find in Hebrew
century: "When a Turk came bearing a
that the Jews shall not keep female slaves, and
from the king, may his majesty be magnified,
proclamation
a certain sum to
each time he came the Jews who owned female slaves gave the bearer of the proclamation
le-Beit Halevi, Responsa,
shut...," (Shelomo
[1652], Hoshen Mishpat,
?42, 79b). In 1579,
keep his mouth
to the Kadi
that Jews were using
in Jerusalem were
irritated by this practice and complained
Muslims
sources for the history of Ottoman
see A. Cohen, Ottoman
Muslim
slaves and servants;
Jews, How
1994),
Important? In: A Levy (ed) The Jews of the Ottoman Empire (Princeton
36
Istanbul dans
See, e.g., Gerber, Jews, (1983, 14-15); and see Robert Mantran,
et sociale
si?cle: essai d'histoire
institutionelle,
(Paris,
1962),
?conomique
assumes that permission
to hold slaves was a relatively
late development.
700-702.
la seconde
106-109,
Springer
moiti?
who
du XVIIe
mistakenly
in
however,
Muslims,
at least
communities,
in the Ottoman
of slaves
Jewish ownership
return
in the
for
larger
the
[all]
we
dhimmis);
but more
assume
may
often
apparently
tax.
In
special
to
such
pay
agreed
the
a tax
1570s
Jewish
in return
for
slaves
the religion
adopted
of
payment
cities,
323
Empire
owned
of
by
non-Muslims
their non-Muslim
rarely
converted
to
owners.37
Procedures like this may well reflect various ordinances issued during the reigns of
Selim II (1566-1574) and Murad III (1574-1595) concerning to the enforcement of several
Shan a restrictions relating to dhimmis?* Gerber also notes an ordinance from 1595 that
permitted de facto dhimmis to own Christian and Jewish slaves.39 Itmay well be that the
global tax paid for the right to own slaves is the one mentioned in the joint Rabbanite
Karaite communal ordinance issued in Istanbul in 1610, and later in another document from
the end of that century.40 Indeed, from the middle of the seventeenth century, we hear no
more of such restrictions, and it is obvious that Jews were permitted to own female slaves in
return for payment of a permanent tax. The impact of this new policy is reflected in a
Responsum from the 1570s by R. Moshe Mitrani, then residing in Safed. He mentions the
acquisition of slaves in the cities of Syria, Palestine, and Egypt after the Ottoman conquest
of Cyprus in 1570,41 noting, in particular the purchase of adults, and juveniles, from among
the Cypriots. The local Muslim population, he adds, appealed to the Sultan to have this
practice
stopped.
Their efforts clearly failed. There were even dhimmis who acquired male and female
Muslims as slaves although this was wholly prohibited and despite the danger of severe
punishment that owning aMuslim slave might entail.42 It is unclear why Jews were willing
to run the risks involved in such ownership - perhaps a dearth of Christian slaves on the
market led to taking chances - and why Muslim slaves owned by dhimmis stayed put and
did not leave their masters. Perhaps the key to this last was good treatment, but this is to
speculate,
Muslim
as well
owner
as
as
it is to wonder
wiiether
an unattractive
alternative.
these
to a
the option
of enslavement
at is why
to be more
wondered
saw
slaves
What
is
neighbors, relatives, and others maintained silence before the authorities, even though they
likely knew of the illegal presence of these Muslim slaves in Jewish homes?
37
Gerber,
38
Jews,
1983,
14-16.
See, for example, the ordinances collected and published by Ahmed Refik Altinay, Onuncu Asr-i Hicri'da
Istanbul Hayati (1495-1591)
(Istanbul, 1930; repr. 1988), 43, nos. 1-2, 50, no. 11.
39
Gerber, Jews, 16 & doc. 29.
40
Assaf, 209-210; Hayyim
Shabbetai, Torat Hayim,
3, Sal?nica
1722, ?44-^5.
41
"And in the kingdom
to his servants, that anyone who captured
of Turkey..the
king...gave
permission
infidels from among the enemy may enslave
in the war against
them and sell them as he pleases. And
the king entrusted a force, they took captive
Cyprus,
conquered by one of the king's servants to whom
infidels as male and female slaves and sold them here [i.e., in Safed] and in Damascus
in public and even
Jews bought some of them, and if itwas the law of the land that Jews were prohibited
[from doing so]...then
Jews could not have bought
them publicly
and drawn up a bill before the judges as evidence
of their
in public and the Ishmaelite
purchase....In
Egypt, too, they bought many from among them [the captives]
ministers
and judges did not complain...," Moshe Mitrani, Responsa,
2, (Venice, 1630), ?199, 93a ff., esp.
93d-94b
(Hebrew).
42
see Gerber, Jews,
This is also evident from the decree mentioned
above issued by the sultan in 1594/1595;
in the sijil documents
Jews
and see above. As for Egyptian
(1983), doc 29. Such incidents are mentioned
holding Muslim
slaves
see Hanna,
Sources,
(2005)
129.
5} Springer
324
Y Ben-Naeh
issues
Religious
the
was
slave,
not
free
The
contradictions:
of
slave
could
touch
and
all
prepare
food, but he or she could not be made to work on the Sabbath. Apparently, most Jews
preferred not to convert their slaves even though at times, this was against the explicit
of
wishes
the
It was
household.
relations
which
to
preferable
need
rabbis,
Many
Sexual
Islam,
latter.44
deemed
gives
with
a female
slave
owners
slave
was
the right
non-Jewish
members
having
of this practice.45
a particularly
acute
Distinct
problem.
to sexual
in
of
advantage
critical
said, were
take
it be
intercourse
with
female
the
from
whose
slaves,
at least "before
the fact". Maimonides
practice,
free
in sexual
relations
with
his
slave must
engages
had
already
her
and marry
her
To
sure,
ruled
a man
that
as
who
a convert
to
Judaism - or send her away from his household.46 Much of the reason for the prohibition
was the prevention of halachic infractions, first, of the rule against cohabitating with a non
Jewish
woman,
and,
second,
the
laws
of menstrual
separation.
be
these
issues
did
not arise first in Islamic lands. What I believe was new there was the increased concern
among halachic authorities. Cohabitation with slaves had not only become somewhat
common,
but
the general
Jewish
population
considered
it acceptable.
The sources offer two justifications for ignoring earlier prohibitions: the female slave
w7as bought with "my" money, and I am permitted to do whatever Iwant with her; the price
of payment
was
also
her
"marriage
price".47
Muslims
were
saying
similar
43
things,
and
it is
Shonzin,
(Sal?nica,
Nahala
1723),
de Lonzano's
criticism of the practice of asking gentile
See, for example, Menahem
de Lonzano,
Shetei Yadot (Venice,
which
is forbidden for a Jew on Saturday: Menahem
135a-b (Hebrew). See also the warning given by Venetian Rabbi Samuel Aboab
Tochahat,
to do something
1618), sect. Tova
to an emigrant to
empire: Samuel Aboab,
in the Ottoman
the land of Israel, based on rumors that reached him about conditions
Sefer ha-Zikhronot,
the Ahavat
Shalom edition, (Jerusalem, 2001), 293.
46
see Louis M. Epstein,
Maimonides
Joshua Blau (ed), ?211 (Hebrew'). Others ruled differently;
Responsa,
The institute of concubinage
among the Jews, Proceedings
of the American Academy for Jewish Research VI
of halachically
the possibility
based concubinage
Zvi Zohar has recently discussed
153-188.
(1934-5),
17 (January 2006),
11-31. On
'al pi haHalacha
lel'o Huppa veKiddushin,
Akdamot,
arrangements,
Zugiyut
and marriage
inmedieval Canon
inmedieval Canon Law see: James A. Brundage, Concubinage
concubinage
in the Middle Ages, Variorum,
1-17 [=Sex, law and marriage
1 (1975),
Law, Journal of Medieval
History
in medieval
and
London
law, sex, and Christian
1993, VII]; also Brundage,
society
Europe
(Chicago
intercourse with a non-Jew or with a slave who converted to Judaism,
London,
1987). Indecision on whether
in the ritual bath is found in Hayyim Benveniste's
but does not immerse herself
reply to Mosheh
Ziyyon;
Ba'ei Hayyei, Yoreh De'ah,
(Sal?nica,
1788), ?228, 168a
Hayyim Benveniste,
4/
notes
Horowitz
Elliott
also
have
known
Jewish
practice.
They may
Spanish
Between
servants is well documented
in the Iberian Peninsula: Elliott Horowitz,
and early modern times, In: Israel
the Jewish Society of Europe in late medieval
(Hebrew).
that cohabitation with female
masters and maidservants
in
Springer
clear
in the Ottoman
of slaves
Jewish ownership
that norms
in Muslim
customary
325
Empire
urban
were
society
Jews.
influencing
there was
But
Ibn Zimra
permitted
or not,
marriage
or not,
days
as I have
and
seen
if you
some
to say
prefer
persons
of our
is she
'permitted',
times
transgressing
she is
in a state
of
in this matter
and at times committing a sin for which the punishment is karet,49 since she is
ashamed to go to the ritual bath, and he who uses her [is cohabiting with] a
menstruant.
Although the Radbaz w7as aware of the halachic possibility of permitting the practice, he
chose to prohibit it completely, perturbed, as he was, by the apparently inevitable violations
of the laws of the niddah (menstruant) that w7ould ensure.50
But rabbinic opinion often differs from that of the public. A case from seventeenth
century Sal?nica, known from a responsum of Rabbi Hayyim Shabbetai, reveals a Jewish
public divided on the social acceptability of cohabitation with slaves. It also unmasks the
kind of rumor that relations with a slave might generate, as well as the fact that sometimes
these
rumors
were
true:
Reuben bought a female servant from Simon, who immersed [in the ritual bath]. He
bought her for the purpose of slavery, and itwas obvious that he intended to fornicate
with
her,
fornicating
so much
with
her.
so
The
that malicious
rumors
spread
rumors
throughout
about
that he
spread
the city, and Reuven,
was
indeed
for his
part,
unashamedly admitted to his actions, even boasting that he lay with her whenever he
wished, and no one could tell him what to do because he had bought her with his own
money. And some of those who fear the Lord...when they heard of this evil and that its
truthwas well attested, and that Reuven and the slave both admitted it, rebuked him.
They said: 'What and why are you doing this, how can you commit this great wrong
and sin before God, for the severity of this sin is well known...'51
Following the usual rabbinic path, Shabbetai ordered communal leaders to punish
Reuven severely; Reuven himself was required to repent of his deeds, neither of which
probably happened, although it is clear from the Responsum that public opinion both
justified
his own
and
condemned
Reuven's
actions.
There
were
even
those
w7ho
assaulted
Reuven
in
home.
48
These norms included Jews manumitting
slaves and then promoting
their social integration, as well as
concern about the status of slave offspring. For Jewish excuses for cohabitation,
see Hayyim Shabbetai, Torat
3 (Sal?nica,
Hayyim,
1722), ?44, 72c-d
(Hebrew), and see n. 51 below. There is an affinity here with the
see Walter Heffening, Mut'a, Encyclopaedia
custom of Mut'a marriage,
of Islam, CD-ROM
edition,
v.1.1 (Leiden 2001).
49
A death sentence decreed in Heaven, meaning moral condemnation,
in fact.
but no punishment
50
"...and more so in this wicked generation when all are licentious, they conduct sexual relations with female
to themselves
because
the sum with which
slaves, claiming
they it is permitted
they bought her is her
Muslim
Springer
326
Y. Ben-Naeh
Rabbi Joseph Karo, too, the mystic and author of the most important halachic works of
the period, the Beyt Yosef and the Shulhan Arukh, considered intercourse with a female
slave a grave offence. However, this did not prevent Karo from discussing the legal status
of the offspring of a female slave at length. Karo suggested that violators, who we may
were
imagine
one man
men
not
not
did
Other
fall
free
few,
the effects
into
and
convert
this woman's
of
slaves
sexual
attraction
an even
graver
view
and marry
and
them
to ensure
thus
to
to limit
that other
"sin".32
took
and kabbalists
mystics
women
beautiful
obvious
R. Elijah
de Vidas
extra-vaginally,
non-Jews
all of whom
and slaves,
also
he
of men
speaks
with
intercourse
lie with
who
to severe
condemns
In one
slaves.
menstruants,
Poems
punishment.53
the sixteenth
from
of
centuries
whores,
of reproof
also
chide
offenders.34
itself was
the offense
Clearly,
a common
one.53
Yet,
on
the whole,
halachic
authorities
seem to have resigned themselves to reality, and they limited themselves to condemnations,
prescribing mild punishments, if at all. No doubt, they understood that to decree harsh
- nor would not
punishments would be to issue rulings with which the "public could not
abide." Itwould have been exceedingly difficult to prevent Jews from doing what was so
widely
accepted
Slaves,
Both
Islamic
by
urban
as
culture
socially
legitimate.
and Muslim
Jewish
the middle
and
upper
classes.
make
it clear
It was
also
that
slave
a precondition
owning
was
a status
a
for managing
for
symbol
respectable
household properly.56 But these sources only hint at the roles of slaves in the household,
their relationships with members of the family, and their status in the urban community and
and
neighborhood. On the other hand, the not infrequent process of manumission
conversion
that
the
of
slaves,
concise
records
which
of
we
observed
the sijil
do
above
briefly
not
record),
suggests
52
Joseph Karo,
Shulhan
(Venice,
1567),
(probably
a certain
as
a "package
in passing
ease
deal",
back
?267,
58b-59b
(Hebrew).
53
I
chap. 17, 311a-b (Hebrew).
(Venice, 1579), sect. Sha'ar Hakedushah,
Elijah de Vidas, Reshit Hokhmah
thank Assaf Nabaro for providing me with this information.
54
see: Ezra ben Yehezkel
Tochehot Musar
On which,
ha-Bavli,
1735), 78a, "...he shall
(Constantinople
bed he shall betrothe her and have many boys
the gentile woman's
slave...on
desire in his heart a woman
were
the bodily
enslaved women
lusts Moabites,
and time will mock you...those
born...desire
'Amonites,
love to it, and rejoice and enjoy it...; also,
Zidonites, Hittites...in
copulating with that cursed body and make
ba-Tevel
there, no. 106b (Hebrew). See, too, Israel Najara, Mesaheket
(Safed, 1587), 4a (Hebrew-); and the
1 (Sal?nica,
Sefer Tikkunei ha-Nefesh,
century ethical treatise of Reuben ben Abraham,
1765),
eighteenth
196a (Hebrew).
55
the Jew and his gay
On the gap between theory and practice, see for example Yaron Ben-Naeh, Moshko
Jewish society-, Journal of Early Modern History, 9.1-2 (2005),
friends: same-sex sexual relations in Ottoman
pp. 79-105.
56
a slave as a part of the presents she brings with her;
See, in illustration, the father of a bride promising
Moshe Amarillio, Devar Moshe, Yoreh De'ah,
(Sal?nica,
1742), 1,:?38, 66a. See also Shelomo ha-Levi, Lev
Shlomo,
(Sal?nica,
1808), Even
ha-'ezer,
others.
Springer
Jewish ownership
of slaves
in the Ottoman
have
helped
pave
the way
were
wedded
off
to family
have
may
women
Slave
an eventual
and
freedom
the next
for
members,
made
They
a slave,
a woman
while
status
father
her
upgraded
with
their
could
at
and
ensured
female
slaves
of
in the expectation
precisely
in slavery,
while
for eventually
hope,
a child
bore
of freed
uncommon,
condition
least
conditions
who
not
or friends.37
relatives,
also
step,
peace
match.
327
Empire
to her master
under
living
his
and
he
admitted
In
patronage.
the
being
the
future,
her
children w7ould look after her and legally inherit their father.58 Indeed, the children of
female slaves who converted to Judaism were legal heirs and proper Jews, just as was the
case for Muslims, under Muslim religious law, which decreed that the children of female
slaves were free persons and did not differentiate between the offspring of the legally
wedded wife and those of slaves.59
the matter
Nonetheless,
was
not
and
open
shut. When
the master
admitted
his
paternity,
offspring's right to a part of his inheritance went unchallenged, and, hence, the matter
would not be expected to resonate in legal inquiries. When there was equivocation, there
was
halachic
intervention.
for
them was
an
improper
who
Decisors,
were
opposed
to sexual
relationship
slaves
to
start:
the
from
with
relations
A certain female slave became pregnant in the house of Reuben and gave birth to a
son. And they circumcised him and called him Isaac, and the lad grew. Now the said
Isaac claims that his mother became pregnant by Simon and demands of the son of
Simon
his
part
in the
inheritance
of his
father.
Teach
us,
our
rabbi...should
became
pregnant
by
Simon,
if she was
the
slave
of another
he
be
an
as seems
to be
the case from the first part of the question [that is] that she became pregnant in the
house of Reuben, then he is not the son of Simon to any purpose, and he is an absolute
slave
the
of
the master
slave
of
of
to that effect,
witnesses
the female
it seems
Simon...and
and
surely
slave
from
and
of his heirs
what
that even
after
him.
However,
if she w7as
wrote
that there
the questioner
so before
if his mother
would
claim
are
no
us, we
would not listen to her testimony that she became pregnant by this man, and thus the
child
5/
is not
his
son,
for he denies
it...60
of the most
popular subjects in travel literature is the seemingly extraordinary and 'exotic' aspects of
how marriages
and cohabitation with slaves
and divorces were conducted, polygamy,
family life
and concubines - that caught the imagination of European readers. See, e.g., two of the more reliable works
of this genre: Corneille
le Bruyn, Voyage au Levant,
1 (Rouen, 1725), 400-404;
Paul Rycaut, The present
state of the Ottoman Empire (London,
and wills are not
Since Hebrew marriage documents
1668), 151-156.
to this practice there. Hebrew
recorded in the sijil, we will not find references
sources, however, are clear:
One
Ottoman
4y Springer
328
Y Ben-Naeh
Apart from his concern for the "dry issues" of lineage and appropriate lines of devolution,
Rabbi Yehiel Bassan, the author of this text, may have been especially perturbed by the
that women
implication
were
slaves
around,
passed
being
on unpaid
verging
prostitution.
Practices like this last, indeed, all sexual relations with slaves, could not but effect family
life as a whole.
we
no
have
cannot
We
distress.
emotional
a female
and
slave were
ruinous:
Nor
by wives.
complaints
to what
how7 and
say precisely
documented
Ruth
extent,
do w7e get
since,
any
other
among
from
help
things,
who
decisors,
Lamdan
the very
assumed
relations
-
of a young
presence
between
and
accessible
a married
master
woman
in a
household had to have created tension thatwould have disturbed normal family equilibria,
especially between husband and wife.61 On the other hand, sexual exploitation of female
was
slaves
not
of men.
the province
solely
women
Jewish
were
in Cairo
to have
known
had
illicit relationships with male slaves, no doubt one reason why Rabbi Joseph Karo denounced
male
keeping
slaves
adulterous
stimulate
even
the very
in the household.
young
He
feared
their presence
would
conduct.62
Lamdan, troubled by the silence of thewife, tried to account for it by noting that the rules
of a patriarchal society obliged her to obey her husband, and under these circumstances, she
perhaps was even pleased by the help she received inproviding for his sexual needs.63 But we
should not push catch-terms like "patriarchal society" too far. The reasoning may be a bit
more
subtle.
For
a slave-concubine,
a wife,
docile,
as Lamdan
however
was
distasteful,
far preferable
possibly
suggested.64
to a rabbinic
presented
question
authority
in
theBalkans towards the end of the sixteenth century relates how awife took firm steps to have
her husband get rid of the female slave who was his concubine, which he did by marrying her
to one of his friends.65
But men,
male
slave
owners,
were
as a rule
not
put
easily
off,
and
their possible
reasons
for persisting dovetail with those just suggested for their wives. For males, sexual liaisons
with slaves provided a combination of a convenient, generally socially (if not halachically)
even
acceptable,
inferior
able
and
ongoing
respectable,
a stranger,
but nevertheless
to circumvent
every male
actually,
and taste
inclinations
61
Lamdan,
Slaves,
relationship
attractive
the practical
injunctions
could
take up with
(beauty
probably
a woman
with
from
many
taking
against
he
any woman
played
a greater
role
aspects
a second
was
who
seemingly
while
he was
also
wife.
The husband
chose
according
than we may
to his
assume),
personal
without
367.
62
Karo, Shulhan
'Aruch, Yoreh De'ah,
(Venice, 1567), ?267, para. 9. This was not a vain fear; and indeed
trans, and intro., Jewish
this sin is counted among the moral sins of Cairene Jews: see Morris M. Faierstein,
the book of visions by R. Hayim Vital (New York,
1999), 69.
mystical
autobiographies:
63
Lamdan, Slaves, 367-368. One may speculate that a slave-girl would comply with sexual requests his wife
refused.
64
Lamdan,
Slaves,
367-368.
65
Hill claimed
Shelomo haCohen, Responsa,
2, (Venice, 1592), second pagination,
?4, 8c. The Englishman
as long as they came to their own
that the legal wives did not care that their husbands
lay with concubines,
bed once a week; Afaron] Hill, A full and just account of the present state of the Ottoman Empire (London,
1733), 84-85.
Springer
Jewish ownership
of slaves
in the Ottoman
Empire
the need
to receive
dispensation
from
the
either
still
venerable,
yet
we have
circumstances
even
members,
family
It may
also
have
halachic
he
a comfort
restrictions
that
or to comply
another
with
the
under
Possibly,
bigamy.
against
resistance
this without
incurring
do
from
as wives,
as well
to husbands,
a wife.
to
applied
obedient
uncompromisingly
a slave's
considered
domestic
were
to marry
did
not
status. For theman, thismeant that he was also free from the legal
and
available
even
could
not
ban
his wife.
been
vow
his
Jewish
problematic,
described,
329
duty.
she
The
or
Resisting
slave,
to be,
had
always
sexual
since
relations
have
w7ould
complaints
lodging
was
furthermore,
in fact,
been
fruitless, as well as folly. Nor was her upkeep great, wiiich was essentially limited to her
daily needs. In addition, lacking a family thatmight intervene and defend her, was another
advantage. She could easily be removed from the household without a writ of divorce and
the
without
From
considerable
the slave's
w7as hope:
financial
female
manumitted
one would
owe a true wife.66
compensation
this hardly
sounds
But, as we have
optimistic.
at times married
slaves
well.
Hebrew
documents
of view,
point
seen,
there
repeatedly
inform us of cases inwhich former owners took the initiative tomake a match for their one
time
slaves.
Sexual
even
deterred
were
matches
members
actually
exploitation
of the
to
was
the
initiative
even
and
from
family
the manumitted
the master,
by
owner's
slave's
the husband
not
to have
Whether
these
becoming
spouses.67
we
have
know
way
liking
of a man
seems
others,
by
alone,
of
knowing
on
either
There
side.
were
surely cases of women who actively opposed or passively resisted plans for their
marriage, but it is hardly realistic to expect to find this opposition and dissatisfaction, even
on the part of free (Jewish) women, would be put down in writing, at least not in the
Ottoman East.68 It has been suggested that issues like this point to similarities between the
condition
But
of
indeed,
why,
material
indeed,
childbirth,
than one
female
slaves
would
sometimes
and whose
of
sexual
such
a woman
a freed
marry
the product
a woman
who
endowments,
case
and wives.69
a man
past,
of
had
for
eventually
foreign
already
that matter,
married
slave,
a woman
culture
been
was
of
through
common
to a friend
inferior
in most
and,
of
status,
cases,
several
knowledge.
the former
not
in
lacking
a virgin,
pregnancies
There
master
and
is more
who
had
66
There were other reasons for selling a slave, like the one caught stealing: Yitzhak Adrabi, Divrey Rivot
=
3, (Warsaw, 1882), ?954
(Sal?nica,
1582), ?312, 156a; another, who was ill-behaving: Radbaz, Responsa,
1,
?520, 33d. If a slave became Jewish, the owner had to sell her to another Jew: Moshe Yisrael, Mas'at Moshe,
1734), Yoreh De'ah, ?21, 80a.
(Constantinople,
6/
Mosheh
Pnei Mosheh,
Ibn Shanji, Be'erot
Benbenesht,
3, (Constantinople,
1719), ?41, 72a; Yitzhak
1, Yoreh De'ah
1755), Even ha'Ezer, ?52, 187c; Beyt David,
1740), ?125,
haMayim
(Sal?nica,
(Sal?nica,
82c; Avraham Avigdor, Zekhor le-Avraham (Constantinople
?15, 20c. Note thatMuslim
1827), Yoreh De'ah,
religious law also permits marrying off a slave who had a kitaba contract.
68
in the West, notably
for women's
There does exist documentation
refusal to marry their fathers' choices
are made
sixteenth century Rome; on which
in heaven: marriage
and the
see, Kenneth
Stow, Marriages
individual in the Roman Jewish ghetto, Renaissance
Quarterly 48 (1995): 452-91. For a rare case of a slave-girl
ha-Kohen,
refusing her future spouse, perhaps because of his greed and insistence on virginity, see Mosheh
Kehunat Olam (Constantinople,
1740), ?69, 75a.
69
In her study of domestic order in the Ottoman Empire, Zilfi, "Servants, Slaves," sees female slaves as a
at the
that was characteristic
and sexual availability
of the status of women
symbol of subordination
of the modern age. She points to their duties as women
and waves and to the blurred boundary
beginning
domestic chores and the production of merchandise
the possibility
for sale. Zilfi does not overlook
or marriage,
of social advancement
but emphasizes
that mostly
the position of women
through concubinage
on all fronts.
(of all social ranks) was inferior, leaving them open to sexual exploitation
between
Springer
330
Y Ben-Naeh
match,
"respectable"
these men
perhaps
the
lacked
funds
for a proper
Or maybe
dowry.71
they were smitten by love, which does happen? There are also persons of a higher social
class who feel sufficiently secure to ignore norms that others may sense the obligation to
observe. We need serious work to establish whether any of this is true.
Manumission,
How
and
family,
distinct was
household,
community
doing,
same
the
it seems,
or
similar
and
tasks,
in the
Both worked
were
both
with
active
sexually
the owner/husband. Both were truemembers of the household, and when cohabitation took
place, especially when followed by childbirth, the slave was effectively integrated into the
whose
family,
in
borders,
turn,
membership.
two manumitted
a male
slaves,
w7ere
what
blurred:
was
precisely
the
criterion
for
full
So integrated was
a female,
and
and
converted
also
to
married
Jews,
were
obligated tomourn the death of their former master.72 We must not think thatwhat we have
seen in terms of intimacy with slaves, as well as of their participation in family life, was
a gendered
necessarily
slaves
There
status
sexually.
were
was
master's
cases
of
rank.
we
saw
owners
female
exploiting
male
slaves
distinguished.
social
above,
Indeed,
experience.
This
rank conferred by biological descent, which the slave, of course, lacked. Family affinity is
attested to also inmatters of inheritance. Dozens of wills written by Jewish men and women
count slaves not only as chattel, but as family members with the right to inherit. Some are
are
and others
freedom,
granted
owners
same
sometimes
time,
slave - who
practice
There
died without
roughly
seem
offspring
clothes,
that
status
concerning
of wala
consigning
they politically
in these
or artifacts
the property
as a
to serve
dowry.
even
given
and presents
At
the
a freed
custom
the Muslim
parallels
no regulations
to have
been
left money,
instructed
areas,
nor
noted
earlier
slaves
and religiously
complaints
about
and
on.73
their
descendants
to a
excluded.
I have found no
slaves
class
crossing
lines,
although there is some intimation that referring to a person as the child of a female slave
70
has a female servant who gave birth a few times, and itwas said about her in the city...that she
pregnant by him, and there are those who prove that itwas him. And now the time has come that he
to a friend];" Hayim Benveniste,
for her [possibly
Baey Hayey, Even ha-Ezer,
speaks about a marriage
3, (Istanbul, 1719), ?41, 72a)].
Benveniste,
Pney Mosheh,
1788), ?6, 8c [= Mosheh
(Sal?nica,
71
125-126.
for Ottoman Cairo: Hanna, Slave women,
As recently suggested
72
"Reuben bought a male and also a female slave from the idolaters and converted them to the Jewish faith,
to mourn
them off to Jews and then he and his wife passed away; are the converts obligated
and married
of mourning, may they do so?"
if they wish to accept the obligation
them as are a son or a daughter....And
"Reuben
became
Sha'ar Ephraim
1688), ?91, 63d (Hebrew).
(Sulzbach,
Ephraim ha-Cohen,
73
see Meir Melamed,
Zedek
inherited from their masters,
slaves
For cases in which
female
Mishpat
Admat Kodesh
(Sal?nica
1756),
1615), 1:?52, 165a (Hebrew); Nissim Hayim Mosheh Mizrahi,
(Sal?nica
Ne'eman
Shemuel
Hoshen Mishpat,
(Sal?nica,
2:?9, 55d (Hebrew). See also Shmuel Yitzhak Modeano,
the return of gifts to the family of the man who
clearly mentions
1723), ?113, 176a (Hebrew) which
bequeathed
see above.
Springer
Jewish ownership
was
and
of slaves
considered
some
issue
of
in the Ottoman
When
insulting.
their
that much
have
tombstones
converted
slaves
survived.
the western
concerned
331
Empire
There
Sephardic
buried
Jews,
they were
alongside
an
no references
to racial purity,
current
in
ideas
then
reflecting
diaspora,
died,
are also
the Iberian peninsula.75 The heterogenous populations found inMuslim cities, with their
multi-cultural*nature, no doubt account in part for this lack of discrimination. Contributing,
too, was that in the Ottoman world slavery was not synonymous with membership in a
specific religious, national, or (what today we would call) ethnic group. Perhaps most
importantly, Jewish identity itself in Ottoman territories at the beginning of the modern
period was not conditional on origin, heritage, or language, but on open identification and
the practice
of
traditional
customs.76
We
know
that
following
conversion,
slaves
in
varied
their fidelity to Jewish religious practice. At the same time, what entitled slaves to identify
themselves as Jewish was their ability to demonstrate that they had undergone circumcision
and immersion in the ritual bath. Afterward, both Judaism and status were accepted.77
Conclusions
The salient characteristic of what w7e have seen in this study is the fluid condition of slave
life, certainly among the slaves of Jews in the Ottoman Empire in the early modem period.
Though
there was
was,
slavery
a sense of
simply
put,
impermanence
slavery,
whose
in slavery
ills have
to Jews.
Many
so many
slaves
times
were
been
recounted,
manumitted
and
74
See the question about a person who insulted another by saying: "Your grandmother was the slave of my
c. 1610), ?111, 161b (Hebrew). From the
ibn Hayyim, Responsa
grandfather," Eliyahu
(Constantinople,
continuation of the responsum (162d), it is clear that the slave also served as a concubine, which
leads to the
of those who had not been completely freed
conjecture that such name calling was reserve for descendants
Jews. There is also the possibility
and whose offspring, therefore, were not considered
that itwas known the
mother was a loose woman. There were doubts about whether
the meat a slave may have slaughtered was
kosher, but such meat was not rejected out of hand: "The son of a Canaanite female slave who had not been
and he too was not freed, is he f?t to slaughter and check the meat for all of Israel?" Shlomo haCohen,
2, (Venice, 1592), ?175, 128b (Hebrew).
Responsa,
5
Yosef Kaplan, The Portuguese
in seventeenth
and the Ashkenazi
world,
century Amsterdam
community
Dutch Jewish History, 2, (Jemsalem,
1989), 23?45. Kaplan restates this point more sharply, In: From new?
freed,
History
the qualification
(Sal?nica,
1788),
84d-85a; Mosheh
?13, 40c-d.
Springer
332
Y Ben-Naeh
to Jews, while
later married
others
became
de
facto
so that enslavement
members,
family
a Jewish owner took on a liminal quality. The slavery described here - as well
to a slave
happened
should
after manumission,
seems
also
slavery
to have
for
this hoped
the
lacked
occur
event
was
to
as w7hat
absolutely
beginning
racial
pernicious
distinctions
so
that
Ottoman
in slave
engaged
the same
for
owning
reasons
that contemporary
Muslims
did: prestige, sexual fulfillment, and obedient domestic help. Jewish slave owning is thus an
important
acculturation.
to
endemic
was
reticence
rabbinic
must
of
signifier
exploitation
that be manumission,
making of a match
inheritance,
or
in a
where
slavery
a deterrent
halachic
ask whether
the
warnings
Yet
the
halachic
of women
to continued
slave
some
played
reticence
is absent
from
and
owning
in a slave's
role
to
condone
Muslim
the
texts.
to cohabitation.
eventual
fate,
sexual
Not
But
that
we
whether
The blurring
of relationships
the slave's
children.
observed
given
a
were
as
have
also
been
of
may
way
present
encouraged
family
a way,
owners
to
that
for
themselves
halachic
that
is,
persuade
objections,
downplaying
In
not "fornication",
but appropriate
in was
what
family
they were
engaged
activity.78
or
as
in was
however
taken
also modified,
which
case, what was
intentionally
consciously,
a result
relation
the
of halachic
to their
status
slaves
pronouncements.
slaves, we may
point
This,
not
in turn, means
only
that
to acculturation
in observing
Ottoman
to Islamic-Ottoman
the simple sense, but in themore complex one, too, of Jews modifying
taken in, eventually tomake it partly and intrinsically their own.
thatwhich
78
Jews
norms
in
in
they have
1995),
81-97.
Maidservants.
Springer