11,
Page Twenty
THE JEWISH NEWS
The Jewish Communit
in the 14th Century
By DR. A. M. HERSHMAN
In his interesting book "Rabbi Isaac Perfef a
Congregation Shaarey Zedek, .Detroit, describes
communities in Aragon in the days of the hero
article contains the major potion of Chapter X
community organizational set-up of that period.
in our time. Its references to the use of the we
vigilance committees are of particular interest.
I
BN ADRET informs
us that there was no standard or uni-
form pattern of organization to which
all the aljamas (communities) of Ara-
gon conformed. That held good even
in the days of Perfet. We know that
many communities had an elaborate
and departmentalized form of govern-
ment. The Responsa supply us with
the following information bearing up-
on this subject.
I. The Council
The aljamas of Barcelona, Valencia,
Saragossa, Majorca, • Huesca, Perpig-
nan, Alcolea, Borja, Jativa, Murviedro,
and many others were headed by a
Council. The number of members var-
ied in different commufities and at
different times. Very often though not
invariably so, 'it corresponded to the
size of the community. In Barcelona
and Valencia it consisted of 30 and was
known as The Sheloshim. In Saragossa
it comprised at one time 25, but was
later reduced to 18; in Huesca, 12; in
Jativa, seven; in Perpignan, at first 20,
but was later increased to 28. In Hues-
.ca the Council was, from its inception,
representative of the three estates into
which the community was divided—
the rich, the middle-class, and the poor
were each entitled to four members.
In Saragossa and Barcelona economic
differences were at first not taken into
account. The Council was elected from
the community at large. Later, how-
ever, it was reorganized to include
representatives of the three estates.
The Council superintended the af-
fairs of the aljama. It probably owed
its origin to the imperious need of
meeting the exactions of the govern-
ment. Its primary function was that
of a board of assessors. It supervised
the collection and apportionment of
the quota assigned 'by the government
to the community. Its authority in the
matter of taxes was supreme. In Va-
lencia it enacted an ordinance against
petitioning the secular authorities for
exemption from, or reduction of, taxes;
anyone who disregarded this takkanah
(ordinance) was to incur the penalty
of herein (excommunication).
It also acted, as the very name in-
dicates, in an advisory capacity. Its
consent was required for the enact-
ment of regulations. Thus we are told
that the mukdamim (representatives)
of Borja, desirous of silencing all op-
position to seating arrangements in a
new synagogue recommended by a
committee appointed for this purpose,
decided to adopt drastic steps against
all who would refuse to acquiesce;
but before taking these steps they so-
licited the approval of the Council.
The Council enjoyed other exten-
sive powers. It evolved measures and
originated takkanot (ordinances) with
a view to regulating communal life.
In Valencia it passed an enactment
forbidding all but the ritual slaughter-
ers engaged by the aljama to act in
that capacity. In Saragossa, in con-
junction with the dayyanim, judges, it
issued an ordinance to the effect that
whenever a member of the community
was about to sell or give away a piece
of property, announcement of the fact
be made in three synagogues on four
consecutive Sabbaths, giving notice
that all claims to the property be pre-
sented within 30 days.
In Barcelona the Council was all-
powerful. All the interests of the com-
munity were in its custody. Among the
duties assigned to it was that of an- •
nually selecting secretaries or trustees
(neemanim), controllers (mekkabbele
ha-heshbon), members of the court
(bet din), and overseers of charity
(gabbai zedakah). At first this was
done by the Council as a whole; later,
however, it was found more expedi-
ent and practical to delegate the duty
to a committee of three selected by
lot. This committee, in the presence of
10 members of the body and with the
Scroll of the Torah in their arms, took
an oath that they would carry out the
elections faithfully and conscientious-
to,;,smte.V
nd His Times," Dr. A. M. Hershman, Rabbi of
in very interesting fashion the set-up of Jewish
of his .biographical and historical stud y. This
III in Rabbi Hershman's book dealing with the
It has an interesting lesson for community workers
apon of excommunication and the existence of
ly, to the best • interests of the com-
munity, and that they would not dis-
cuss the elections with non-members
of the Council.
III. Administrators of the Revenue
In Valencia and probably in other
communities there were, in addition
to the mukdamim, functionaries known
as neemanim, whose jurisdiction, un-
like that of the neemanim in Barcelo-
na and other eastern Catalonian com-
munities, was chiefly though not ex-
clusively that of supervision and ad-
ministration of taxes. In •Valencia it
was within their province to grant to
individual members the right to apply
to the Crown for remission or reduc-
tion of their share of taxes; but for
this privilege the unanimous consent
of the neemanim was required.
In Huesca and Murviedro the Coun-
eil was elected by the mukdamim.
II. Neemanim or Mukdamim
The affairs of most aljamas were
administered by an Executive Body,
or Board of Governors. In Barcelona,
I Perpignan, and Majorca the members
of this governing body were known as
neemanim, secretaries or trustees;
in Valencia, Saragossa, Teruel, Mur-
viedib, Algecira, Nakka, Borja, Elche,
Jativa and Uncastillo they bore the
designation mukdamim; in Alcolea
IV. Vigilance Committee
and Tauste they were called berurim.
In Barcelona and many other com-
As to the neemanim, the information
munities there existed a Vigilance
contained in the Re-
Committee . or Board
sponsa is scant. We
of Guardians whose
are told that in Bar-
duty it was to repre-
celona they were
sent the aljama be-
three in number; that
fore the king and no-
they were elected an-
bles, to protect its in-
nually by the Council;
terests and safeguard
that they, in turn,
its rights. And there
played an important
was need for vigilance
role in the selection
on the part of the
of . the Council; that
Jews of Aragon.
much care was exer-
There were forces at
eised in their choice,
work
to curtail their
partictlarly in t h e
rights and undermine
choice of those who
their position. Perfet
were to serve in the
urged the mukdamim
year when - the three-
of the community of
year term of the of..
Teruel not to give the
flee of the Council ex-
secular tribunal, cause
pired, as they had a
for suspicion and dis-
controlling voice in
trust. H e warned
the selection of the
them
that "mere gos_
latter body. We are
sip concerning Jews
also informed that if
by judges of the sec-
DR. A. M. HERSHMAN
a neeman, by reason
ular courts would
of absence from the city was unable
have a more telling and compelling
to attend to his duties, he was author-
effect upon the masses than all
ized to name someone else to take his
the teachings and tenets of the
place. In Perpignan a communal. en-
Torah." The Jews of Aragon held
actment laid the ban upon anyone
their possessions on the frailest tenure.
who would excommunicate another
They had privilges, but no rights.
without the sanction of the neema-
Perfet cautioned Isaac Vidal not to
nim. It would seem that in the last-
insist upon the "declaration method"
named aljama it devolved upon the
of taxation because of the danger of
neemanim to appoint members of the
inaccurate, not to say fraudulent, re-
bet din. In Barcelona the neemanim
turns, which would serve as an invi-
were assigned a most prominent part
tation to plunder and confiscate Jew-
in the trial of malfeasants and infor-
ish property. The condition of the
mers, working in close co-operation
Jews of Aragon was a precarious one.
with the religious and moral censors.
This was particularly true of those
One of the main functions of the
who lived in territories belonging to
mukdamim was to give practical ef-
the feudal lords.
fect to the ordinances enacted by the
It was the duty of the vigilantes to
community or the Council, acting as
attend the sessions of the Cortes in
its messengers or agents. The interpre-
person or to send substitutes. As a
tation and application of all takkanot
rule, members of this committee were
were left to them and not to the rabbi.
drawn from the Council. Sometimes
The wide range of jurisdiction of the
the task of exercising vigilance Over
mukdamim is shown by the many and
the aljama eras entrusted to other
various - questions that they were called
leading Jews. Perfet was at one time
upon to deal with:
a member of this committee. It would
a. Litigation involving civil suits
seem that in Valencia the mukdamim
(entailing monetary matters).
assumed this duty.
b. The case of one suspected of play-
It is not unlikely that the various
ing the part of informer.
local committees acted concertedly,
c. The case of one apprehended on
forming a national committee. We
the charge of stealing.
know that at the Conference of 1354,
d. Enforcement of an ordinance
held at Barcelona and participated in
touching assignment of seats in a syn-
by representatvies of the aljamas of
agogue.
Catalonia and Valencia, it was decided
e. The case of a betrothal that had
to create a commission charged' with
been set for one of the intermediate
the task of attending the sessions of
days of 'a - festival.
the Cortes. The commission comprised
f. Violation of an oath to give up
six members, two, representing the
card-playing.
Catalonian aljamas, two the Aragon
ese, one the Valencian, and one the
g. The remarriage of a cohen to the
Majorcan. The choice of the Catalo-
wife he had divorced, concealing the
nian aljamas was Crescas Solomon,
fact that he was a cohen.
who was empowered to select his as-
h. Transaction of business in the
sociate; the choice of the Aragonese
usual way _during the intermediate
was Don Judah Lazar. It is reasonable
days of Passover.
to assume that this commission was
The mukdamim had the power to
intended to replace Vicomte d'Illa who,
excommunicate, exact fines, and im-
at the request of the communities, had
pose the death sentence whenever the
been appointed by the king • as their
charter of the aljama included these
"advocate," to look after their inter-
privileges.
ests. The communities soon found out,
.Neither the office of councilman nor
to their regret, that his appointment
that of mukdam was a salaried one.
involved a heavy expense and served
But there probably were exceptions
no useful purpose. The aforementioned
to this rule. It seems that in aljama of
conference, therefore, resolved to pe-
Tauste the Berurim were paid for
tition the king to remove him from
their work.
office.
Friday, April 7, 1944
The members of the Vigilance Com-
mittee were, as a rule, paid for their
work. They either received a fixed sal-
ary or were remunerated on the basis
of the time actually spent in the peat-
formance of their duties.
V. Bet Din .
As stated before, the aljamas had
their own jurisdiction. They were au-
thorized to pronounce judgment in ac-
cordance with Jewish law. In some
communities this function was per-
formed by the mukdamim or berurim;
in the majority of aljamas it was dis-
charged by a special body elected er
selected for this purpose.
VI. Berure Aberot
Some aljamas had two courts with
two sets of dayyanim, each having its
own distinct sphere. There were ber-
ure tebiot, judges with jurisdiction
over civil cases, and berure aberot,
judges with jurisdiction over criminal
cases. That the latter were in full
. charge of all criminal cases is amply
shown by the juxtaposition of the
berure tebiot and berure aberot in
some of the royal orders. One order
contained , the answer of the Crown to
a complaint made that certain mem-
bers of the berure aberot were, under
Jewish law, unqualified to exercise
their function in a particular case that
had come before them: The king there-
upon ordered that the berure tebiot
be drawn upon to make up the requis-
ite number of the berure aberot. An-
other royal decree provided that in
case of absence of one of the three
berure aberot in Barcelona, the other
two be clothed with full power to act.
In Barcelona those suspected of mal-
shinut (delation) were tried by the
berure aberot in co-operation - with the
neemanim.
The berure aberot were also men-
tors of the aljama,, guardians of Jew-
ish morals, religious and moral cen-
sors. The Responsa cite the following
two cases dealt with by this body:
a. In Algecira a man made advances
to a married woman. She brought
charges against him to the berure ab-
erot.
b. -In Valencia the attention of the
Religious Censors was called to the
fact that a shohet in the emplby of
the aljama was religiously unfit for
• the office. Thereupon the censors re- -
moved him. In the communities where
there were no berure aberot the muk-
damim acted in this capacity. Some-
times the mukdamim carried their
zeal to the extreme length of going
beyond the law, even disregarding the
opinion of the spiritual leaders.
VII. The Rabbi
In many aljamas, notably the small-
er ones, the members of the bet din
were the highest religious functionar-
ies. In some, in addition to the bet din,
there was a dayyan whose tenure of
office was permanent and whose au-
thority exceeded that of the bet din.
In communities with a considerable
Jewish population the head of the ec-
clesiastical body was a rabbi. Valen-
cia, for a time, had two rabbis—Rabbi
Amram Efrati and Rabbi Hasdai; so
did Majorca—Rabbi Ephraim Vidal
and Rabbi Solomon Zarfati.
The rabbi was the religious repre-
sentative of the aljama. All difficult
questions were submitted to him for
decision. He delivered discourses and
conducted talmudic classes. He was
expected to speak and write fluently
and clearly. The community looked to
him for religious guidance. He was ex-
pected, if conditions demanded, to
suggest measures designed to strength-
en and quicken Jewish life. Frequently
his advice and assent were solicited in
the matter of a new takkanah con-
templated by the aljama. Perfet ruled
however, that the sanction of the rab-
bi was not required for the enactment
of any takkanah.
The office of the rabbi was a salar-
ied one. In smaller communities his
salary was supplemented by fees he
obtained from the youth to whom he
imparted instruction.
It was one of the prerogatives of the
rabbi to resort to niddui, or minor ex-
communication, for a personal insult.
Perfet, made it clear, however, that to
vindicate his honor, the rabbi had no
right to wield the herem or major ex-
communication. The power to invoke
the niddui was also vested in the lay-
scholar—the scholar who did not oc-
cupy the position of rabbi. Maimon-
ides, however, admonished the hakam
or rabbi not to avail himself of this
prerogative. He said, "Although the
rabbi has the right to pronounce the
ban upon anyone who offends him, it
is not to his credit to exercise this
right." Indeed, the unrestricted use
of the herem was open to serious
abuses. Scholars at times employed
it even when there was little cause
or provocation for it. They sometimes
exceeded the limit of their authority.
(Continued on Page 29)