Académique Documents
Professionnel Documents
Culture Documents
A50rJr.lceBook: 3lS-1791
JacobRaDenMauc[Js
revised edition
with an introductionand updated bibliographies by
MARc SAPERSTEIN
Firstpublished in 1938,JacobRaderMarcus's classicsource bookpre-
sents 137 documentsthatdealwithindividualJewsandtheJewishcom-
munity during theJewish Middle Ages. Other collections ofprimary
sourceshave since beenpublished, butThe Jew in the Medieval World is
unique for its sweepingview of Jewish historical experience from late
antiquityuntil modern times, with introductions and annotations that
make thosesources accessible to thegeneralreader.
i1" this new edition, Marc Saperstein has updated Marcus's 96 bibli-
ognq providingreferencestothemostrecentscholarlyresearchon
eachtopic.Inhiscogentintroduction,Sapersteinanalyzesandevaluates
Alarcus's decisionsregardingperiodization,organization,andinclusion.
Inso doing, heoffersvaluableinsightsabouttheimplicationsofthose
decisionsfor ourownunderstandingof}ewishhistory.
CoverdrawingbyAdrienneVarady, based onilluminationfrom afourteenth-centuryHaggada\1,
possiblySpanish, inthe BritishMuseum,London.
HEBREWUNIONCOLLEGEPRESS ISBN: 0-87820-217-X
........li]lll
124
- DS
Dib:: MooievaLWoul.
1999
XJrJr.lceBook:31S-1791
JacobRa()enManca
revised edition
withanintroductionandupdated bibliographiesby
MARc SAPERSTEIN
1.
Jews and the LaterRoman Law
3
1
5-53
1
MiddleAges, for the Jewatleast, beginwiththeadventto
powerofConstantine theGreat (306-337). Hewas the firstRoman
emperor to issue laws which radically limited the rights ofJews as
citizens ofthe Roman Empire, a privilege conferred upon them by
Caracalla in 2.12. As Christianity grewin powerin the Roman Em-
pireitinfluenced the emperorstolimit further the civiland political
rights of the Jews. Most of the imperial laws that deal with the
Jews since the days of Constantine are found in the Latin Codex
Theodosianus (438) and in the Latin and Greek code of Justinian
(534). Both of these monumental works are therefore very impor-
tant, for they enable us to trace the history of the progressive
deterioration ofJewish rights.
The real significance of Roman law for the Jew and his history
is that it exerted a profound influence onsubsequent Christian and
even Moslem legislation. The second-class status of citizenship of
the Jew, as crystallized in the Justinian code, was thus entrenched
in the medieval world, and under the influence of the Church the
disabilities imposed upon him received religious sanction and rele-
gated him even to lowerlevels.
In our first selection-lawsof Constantine the Great-Judaism is
denied the opportunity of remaining a missionary religion because
ofthe prohibition tomake proselytes.
The laws ofConstantius (337-361), the second selection, forbid
intermarriage betweenJewish men and Christian women. A genera-
tion later, in 388, all marriages between Jews and Christians were
for.bidden. Constantius also did away with the right of Jews to
possess slaves. This prohibition to trade in and to keep slaves at a
time when slave labor was common was not merely an attempt
to arrest conversion toJudaism; itwas also a blowat the economic
life ofthe Jew. Itputhim at adisadvantage with his Christian com-
petitor to whom this economic privilege was assured.
The third selection, a law ofTheodosius II (408-450), prohibits
Jews from holding any office ofhonor in the Roman
state. They were compelled, however, to assume those public of-
3
5
r
i
The Jew in the Medieval World
4
fices which entailed huge financial losses and almost certain ruin,
and they were not even granted the hope of an ultimate exemption.
This Novella (New Law) III of Theodosius II also makes a direct
attack on the Jewish religion by reenacting a law which forbade
the building of new Jewish synagogues. This prohibition was known
a generation before this. It was reenacted now, probably to pacify
the aroused Christian mob in the Eastern Empire which desired to
crush the religious spirit of the Jews who were massing at Jerusalem
and confidently looking forward to the coming of a Messianic re-
deemer in 440. This disability, later taken over by some Moslem
states, was reenunciated by the Church which sought to arrest the
progress of Judaism, its old rival.
A Latin law of Justinian (517-565), the final selection, does not
allow a Jew to bear witness in court against an orthodox Christian.
Thus as early as the sixth century the Jews were already laboring
under social, economic, civil, political, and religious disabilities.
I. Laws of Constantine the Great, October 18, 3 5-CONCERNING
'
JEWS, HEAVEN-WORSHIPPERS, AND SAMARITANS
((We wish to make it known to the Jews and their elders and their
patriarchs that if, after the enactment of this law, anyone of them
dares to attack with stones or some other manifestation of anger
another who has fled their sect and attached himself to
the worship of God [Christiaruty], he must speedily be given to
the flames and burnt together with all his accomplices.
Moreover, if anyone of the population should join their abomi-
nable sect and attend their meetings, he wiII bear with them the
deserved penalties.
II. Laws of Constantius, August '3, 33j1-CONCERNING JEWS, HEAVEN-
WORSHIPPERS, AND SAMARITANS
((This pertains to women, who live in our weavin factories and
whom Jews, in their foulness, take in marriage. It IS decreed that
these women are to be restored to the weaving factories. [Marriages
between Jews and Christian women of the imperial weaving factory
are to be dissolved.]
This prohibition [of intermarriage] is to be preserved for the
future lest the Jews induce Christian women to Share their shame-
Heaven-Worshippers were a sect closely allied to Judaism.
The State and the Jew
ful lives. If they do this they will subject themselves to a sentence
of death. [The Jewish husbands are to be punished with death.]
A JEW SHALL NOT POSSESS A CHRISTIAN SLAVE
If anyone among the Jews has purchased a slave of another sect
or nation, that slave shall at once be appropriated for the imperial
treasury.
If, indeed, he shaIl have circumcised the slave whom he has pur-
chased, he will not only be fined for the damage done to that slave
but he will also receive capital punishment.
If, indeed, a Jew does DDt hesitate to purchase slaves--those who
are members of the faith that is worthy of respect [ChristianityJ-
then all these slaves who are found in his possession shall at once
be removed. No delay shall be occasioned, but he is to be deprived
of the possession of those men who are Christians.
III. A Law of Theodosius II, JllntllJ1'Y 31, 43jl-NOVELLA III: CONCERN-
ING JEWS, SAMARITANS, HERETICS, AND PAGANS
((Wherefore, although according to an old saying [of the Greek
Hippocrates, the "father" of medicine] "no cure is to be applied in
desperate sicknesses," nevertheless, in order that these dangerous
sects which are unmindful of our times may not spread into life
the more freely, in indiscriminate disorder as it were, we ordain by
this law to be valid for all time:
No Jew-or no Samaritan who subscribes to neither [the Jewish
nor the Christian] religion-shall obtain offices and dignities; to
none shall the administration of city service be permitted; nor shall
anyone exercise the office of a defender [that is, overseer] of the
city. Indeed, we believe it sinful that the enemies of the heavenly
majesty and of the Roman laws should become the executors of
our laws--the administration of which they have slyly obtained-
and that they, fortified by the authority of the acquired rank, should
have the power to judge or decide as they wish against Christians,
yes, frequently even over bishops of our holy religion themselves,
and thus, as it were, insult our faith.
Moreover, for the same reason, we forbid that any synagogue
shall rise as a new building. [Fewer synagogues meant less chance of
Christians becoming Jews.] However, the propping up of old syna-
gogues which are now threatened with imminent ruin is permitted.
To these things we add that he who misleads a slave or a freeman
7
The Jew in the Medieval World 6
against his will or by punishable advice, from the service of the
Christian religion to that ofan abominable sect and ritual, is to be
punished byloss ofpropertyand life. [Thatis, the Jew who con-
vertsanyonetoJudaism loses lifeandp'roperty.]
On the one hand, whoever has buIlt a synagogue must realize
thathe has worked tothe advantageoftheCatholicchurch[which
willconfiscatethebuilding];ontheotherhand,whoeverhas already
secured the badge of office shall not hold the dignities he has ac-
quired. On the contrary, he who worms himself into office must
remain, as before, in the lowest rank even though he will have
already earned an honorary office. And as for him who begins the
buildingofasynagogueand is notmoved bythedesire ofrepairing
it, he shall bepunishedbyafine offiftypoundsgoldfor hisdaring.
Moreover, ifhe will have prevailed with his evil overthe
faithofanother. he shall see his wealthconfiscatedand himselfsoon
subjected to a death sentence.
And since it behooves the imperial majesty to consider every-
thing with such foresight that the general welfare does not suffer
in the least, we ordainthatthetax-paying officeholders ofall towns
aswellas theprovincialcivil servants-wnoareobligatedtoemploy
clteirwealthandtomakepublicgiftsaspartoftheirburdensomeand
diverse officialandmilitaryduties-shallremainintheirownclasses,
no matterwhatsect theybelong to. Let itnotappearas ifwehave
accorded the benefit ofexemption to those men, detestable in their
insolent maneuvering, whom we wish to condemnbytheauthority
of this law. CJews have to accept financially ruinous public offices
without hope of exemption.]
Thisfurtherlimitationistobe observed, namely, thatthesepublic
servants from these above mentioned sects shall never, as far as
private affairs are concerned, carry out judicial sentences, nor be
wardens ofthe jail. Thisis donein orderthatChristians, as itsome-
times happens, may not be hidden away and suffer a double im-
prisonment through the hatred of the guards. [Imprisonment is
bad enough without having a Jewish jailer.] And furthermore it
maybe doubted that they have been justly imprisoned.
IV. A Law of Justinian, July 28, jJl-CONCERNING HERETICS AND
MANICHAEANS AND SAMARITANS
Since many judges, in deciding cases, have addressed us in need
of our decision, asking that they be informed what ought to be
done with witnesses who are heretics, whether their testimony
I,
I
The State and the Jew
oughttobereceivedorrejected,wethereforeordainthatnoheretic,
nor even theywho cherish the Jewish superstition, may offer testi-
mony against orthodox Christians who are engaged in litigation,
whether one or the other of the parties is an orthodox Christian.
[ButaJewmay offertestimony onbehalfofan orthodoxChristian
against some one who is not orthodox.]
BffiLIOGRAPHY
IlEFElIENCES TO TEXTBOoKS
Flbogen. pp. r4-r8; Roth, pp. 140-148
Golub,J. S., Medieval Jt'Wish History, Sec. I; Sec. III, "The ChristianChurch."
READINGS FOR ADVANCED STtJl)ENTS
Graetz, II, pp. 559-514. 611-6:6; III, pp. 10-13. Graetz.Rhine, II, pp. 40
1
-411,
4
1
5-437, 45&-"79; Margolis and Marx, pp. 118-130, 165, 197.
Abbott, G. F., Isrllel in Europe, pp. 4r-6l. A rather popular work by a
publicist.
Milman, H. H. The History of the Jews, II, Book xx. Though Milman had
no first hand knowledge of Jewish sources, he was at home in the
medieval Latin historical literature.
Parkes, J., The Conflict of the Church lind the SY1Ulgogue. The best book in
English on the relation of the Christian Church to the Jew in the early
Middle Ages.
JE, "Constantine I"; "Diaspora"; "Disabilities"; "Justinian."
ADnmONAL SOURCE MATElUALS IN ENGLISH
Scott, S. P., The Civil Code, XII, pp. 75ff.; xvn. pp. 170, 255.
BIBLIOGRAPHICALADDITIONS
SURVEYS
Baron3:4-
1
5; Ben-Sasson (Safrai), 349-50, 354-55,359; Stow, 27-18;EJ: "Byzan-
tine Empire,""TheodosiusII,""Justinian1."
STUDIES
Avi Yonah, Michael, The Jews ofPalestine (NewYork: Schocken, 1976), pp. I5
8
-
6
6,
11 3-10[I970J.
Sharf, Andrew, Byzantine Jewry From Justinian to the Fourth Crusade (New York:
Schocken, 197I),pp. 19-4I:"TheJews underJustinian."
Klingenberg, Eberhard,"RomanImperialLegislationProhibitingJews from Own.
ingGentile Slaves,"Jewish Law Association Studies 4 (1990): 89-9
8
.
8 The Jew in the Medieval World
Klingenberg, Eberhard, "justinian's Novellae Concerning the Jews," Jewish La'll!
Association Studies 8 (1996): 79-99- Discusses Justinian's legislation closing all
synagogues and transforming them into churches, and restricting aspects of
Jewish worship.
Grant, Michael, Constantine the Great (New York: L. Scribner's Sons, 199
8
).
ADDITIONAL SOl'RCE MATERIALS
The Theodosian Code and Novels, trans. and annotated by Clyde Pharr (Prillceton:
Princeton University Press, 1951). Imperial laws regarding pagans provide an
instructive comparison.
Linder, Amnon, The Jews in Roman Imperial Legislation (Detroit: Wayne State Uni-
versity Press, 1987). Full text in Latin and English of all imperial legislation on
Jews, with extensive introduction.
Schiffman, Lawrence, Texts and Traditions: A Source Reader (New York: Ktav, 199
8
),
pp. 576-
8
5. Material on Jews from the Theodosian Code and the Theodosian
Novella.
2.
Julian and the Jews
3
61
-3
6
3
CHRISTIANITY was for the first time tolerated by the Roman
Emperors in 311. The only serious attempt made to hinder its prog-
ress after this time was by the Emperor Julian (361-363) who had
left the Christian fold. Although apparently in favor of freedom
of religion, he was in reality unjust to the Christians but rather
partial to the Jews. In a famous Greek letter to the Jews, (selection
one below), he abolished the special taxes paid to the Roman govern-
ment and sought also to stop the payment of a tax paid by Jews
for the support of the Jewish patriarchate in Palestine. In this same
letter he also encouraged the rebuilding of Jerusalem and, we mar
assume, of the Jewish Temple. Had this attempt been successful It
would have meant the reestablishment of the Jewish state with its
sacrifices, priests, and more important, its Sanhedrin or Senate.
The second selection describes the work of the actual building of
the Temple. It is very probable that it was not so much an earth-
quake, as Church histonans say, but the death of Julian in 363 and
the coming into power again of a Christian emperor that finally put
an end to this project. (Some modem historians believe-without
sufficient ground, in our opinion-that the work on the Temple
was never even begun, and look upon the account as a fable.)
The story of this attempted rebuilding of the Temple is found
in the Ecclesiastical History writtefl in Greek by Salamanius Hermias
Sozomenus about 443-450. Sozomen was a native Palestinian and
claimed to have his knowledge from eye-witnesses. He was a con-
servative Christian without sympathy for the Jews or for Julian.
I. Julian Proposes to Rebuild Jerusalem, 362-363-TO THE COMMU-
NITY oli' THE JEWS
((In times past, by far the most burdensome thing in the yoke of
your slavery has been the fact that you were subjected to un-
authorized ordinances and had to contribute an untold amount of
money to the accounts of the treasury. [Ever since Vespasian, about
72 C.E., the Jews had been paying the Romans special Jewish taxes,
9
10
The Jew in the Medieval World
like the Fiscus /udaicus.J Of this I used to see many instances with
my own eyes, and I have learned of more, by finding the records
which are preserved against you. Moreover, when a tax was about
to be levied on you again I prevented it, and compelled the impiety
of such obloquy to cease here; and I threw into die fire the records
against you that were stored in my desks; so that it is no longer
possible for anyone to aim at you such a reproach of impiety. My
hrother [cousinJ Constantius of honored memory [in whose reign,
337-361, severe laws were euacted against the JewsJ was not so
much responsible for these wrongs of yours as were the men who
used to frequent his table, barbarians in mind, godless in soul. These
I seized with my own hands and put them to death by thrusting
them into the pit, that not even any memory of their destruction
might still linger amongst us.
And since ( wish that you should prosper yet more, I have ad-
monished my brother lulus [Hillel II, d. 365J, your most venerable
patriarch, that the levy which is said to exist among you [the taxes
paid by world Jewry for support of the Palestinian patriarchateJ
should be prohibited, and that no one is any longer to have the power
to oppress the masses of your people by such exactions; so that
everywhere, during my reign, you may have security of mind,
and in the enjoyment of peace may offer more fervid prayers for
my reign to the Most High God, the Creator, who has deigned to
crown me with his own immaculate right hand. For it is natural
that men who are distracted by any anxiety should be hampered
in spirit, and should not have so much confidence in raising their
hanas to pray; but that those who are in all respects free from care
should rejoice with their whole hearts and offer their suppliant
prayers on behalf of my imperial office to Mighty God, even to
Him who is able to direct my reign to the noblest ends, according
to my purpose.
This you ought to do, in order that, when I have successfully
concluded the war with Persia, I may rebuild by my own efforts
the sacred city of Jerusalem [closed to the Jews since Hadrian, 135
C.E.J, which for so many years you have longed to see inhabited, and
may bring settlers there, and, together with you, may glorify the
Most High God therein.
II. The Failure To Rebuild the Temple, J6J
Though the emperor hated and oppressed the Christians, he mani-
fested benevolence and humanity towards the Jews. He wrote to
II
The State and the Jew
the Jewish patriarchs and leaders, as well as to the people, requesting
them to pray for him, and for the prosperity of the empire. In
taking this step he was not actuated, I am convinced, by any respect
for tlieir religIOn; for he was aware that it is, so to speak, the mother
of the Christian religion, and he knew that both religions rest
upon the authority of the [biblicalJ patriarchs and the prophets;
but he thought to grieve the Christians by favoring the Jews, who
are their most inveterate enemies. But perhaps he also calculated
upon persuading the Jews to embrace paganism and sacrifices; for
tliey were only acquainted with the mere letter of Scripture, and
could not, like the Christians and a few of the wisest among the
Hebrews, discern the hidden meaning [the allegorical meaning,
through which the Christians could prove the validity of Christian-
ity from the Old TestamentJ.
Events proved that this was his real motive; for he sent for some
of the chIefs of the race and exhorted them to return to the ob-
servance of the laws of Moses and the customs of their fathers. On
their replying that because the Temple in Jerusalem was overturned,
it was neIther lawful nor 'ancestral to do this in another place than
the metropolis out of which they had been cast, he gave them public
money, commanded them to rebuild the Temple, and to practice
the cult similar to that of their ancestors, by sacrificing aIter the
ancient way. [Sacrifice was permitted by Jewish law only in Jeru-
salem.J The Jews entered upon the undertaking, without reflecting
that, according to the prediction of the holy prorhets, it could not
be accomplished. They sought for the most skillfu artisans, collected
materials, cleared the ground, and entered so earnestly upon the
task, that even the women carried heaps of earth, and brou$ht their
necklaces and other female ornaments towards defraying the ex-
pense.
The emperor, the other pagans, and all the Jews, regarded every
other undertaking as secondary in importance to this. Although the
pagans were not well-disposed towards the Jews, yet they assisted
them in this enterprise, because they reckoned upon its ultimate
success, and hoped by this means to falsify the prophecies of Christ.
[Since Jesus in the New Testament had prophesied the destruction
of the Temple, its rebuilding would make of him a false prophet.J
Besides this motive, the Jews themselves [relying on the sympathy
of JulianJ were impelled by the consideration that the time had
arrived for rebuilding their Temple.
When they had removed the ruins of the former building, they
dug up the ground and cleared away its foundation; it is said that
12 TheJewin theMedievalWorld
on thefollowing day whentheywereaboutto laythe first founda-
tion, a great earthquake occurred, and by the violent agitation of
the earth, stones were thrown up from the depths, bywhich those
oftheJews who were engaged in the work were wounded, as like-
wise those who were merely looking on. The houses and public
porticos, near the site of the Temple, in which they had diverted
themselves, were suddenly thrown down; many were caught
thereby, some perished immediately, others were found half dead
and mutilated of hands or legs, others were injured in other parts
of the body.
When God caused the earthquake to cease, the workmen who
survived again returned to their task, partly because such was the
edict of the emperor, and partly because they were themselves
interested in the undertaking. Men often, in endeavoring to gratify
theirownpassions,seek whatis injuriousto them,rejectwhatwould
be truly aavantageous, and are deluded by the idea that nothing is
really useful except what is agreeable to them. When once led
astray by this error, they are no longer able to act in a manner
conducivetotheirowninterests,ortotakewarningbythecalamities
which are visited upon them. [The Church Fatherhere records his
beliefthattheTemplecouldnotbe rebuilt.]
TheJews, I believe, were just in this state; for, instead ofregard-
ing this unexpected earthquake as a manifest indication that God
was opposed to the reerection of their Temple, they proceeded to
recommence the work. But all parties relate that they had scarcely
returned to the undertaking, when fire burst suddenly from the
foundations ofthe Temple, and consumed several ofthe workmen.
D. M. Campbell in the Scottish Review, H}OO, believed that an ex-
plosion ofoil putan end tothe work.Thissounds fancifu1.J
This fact is fearlessly stated, and believed by all; the only dis-
crepancyin the narrative is thatsome maintain thatflame burstfrom
the interior ofthe Temple, as the workmen were striving to force
an entrance, while others say that the fire proceeded..directly from
the earth. In whicheverway the phenomenon mighthave occurred,
it is equally wonderful.
A more tangible and still more extraordinary miracle ensued;
suddenly the sign of the cross appeared spontaneously on the gar-
ments of the persons engaged In the undertaking. These crosses
looked like stars, and appeared the work ofart. Many were hence
led to confess that Christ is God, and that the rebuilding of tlle
Templewas notpleasing toHim;others presented themselves in the
church, were initiated, and besought Christ, with hymns and sup-
TheState and theJew 13
plications, to pardon their transgression. If anyone does not feel
disposed to believe my narrative, let him go and be convinced by
those who heard the facts I have related from the eye-witnesses of
them, for they are still alive. Lethim inquire, aiso, oftheJewsand
pagans who left the workin an incomplete state, orwho, tospeak
more accurately, were unable tocommenceit.
BIBLIOGRAPHY
IlEFl!JtENCES TO TEXTBOOKS
Elbogen, pp. 14-18; Roth, pp. 140-148.
Golub,J.S., Medieval Jewish History, Sec. I; Sec. Ill,"The Christian Church."
READINGS FOR ADVANCED STUDENTS
Graetz, II, pp. 595-003.
Adler, M., "The Emperor Julian and the Jews," JQR, O. S., V (1893),
pp. 591-651
lE, "Julian the Apostate."
ADDITIONAL SOURCE MATERIALS IN ENGLISH
The Ecclesiastical History of Socrates Scholasticus, Book III, chapter XX, in
A Select Library of Nicene and Post-Nicene Fathers of the Christian
Church, Second Series, II, contains an earlier account of the rebunding
of the Temple.
BIBLIOGRAPHICALADDITIONS
SURVEYS
Baron, 2:160-61; Ben-Sasson(Safrai), "JuliantheApostate."
STUDIES
Avi Yonah, Michael, The Jews ofPalestine (NewYork: Schocken, 1976), pp. 186-207
Gager, John, "The Dialogue ofPaganism withJudaism: Bar Cochba to Julian,"
HUCA 44(1973): 89-II8,esp. 97-101.
Bowersock,G.w.,Julian the Apostate (Cambridge,Mass., 1978),pp.88-90, nO-22.
ADDITIONAL SOURCE MATERIAL
Levenson, David,Julian and Jerusalem: The Sources and the Tradition (Leiden: Brill,
1996).
3.
Islam and the Jews
600-177 1
THE Pact of Omar is the body of limitations and privileges
entered into by treaty between conquering Moslems and conquered
non-Mohammedans. We have no special treaty of this sort with the
Jews, but we must assume that all conquered peoples, including the
Jews, had to subscribe to it. Thus the laws cited below and directed
against churches apply to synagogues too. The Pact was probably
originated about 637 by Omar I after the conquest of Christian
Syria and Palestine. By accretions from established practices and
precedents, the Pact was extended; yet despite these additions the
whole Pac: was ascribed to Omar. There are many variants of the
text and scholars deny that the text as it now stands could have
come from the pen of Omar I; it is generally assumed that its present
form dates from about the ninth century.
The Pact of Omar has served to govern the relations between the
Moslems and "the people of the book," such as Jews, Christians, and
the like, down to the present day.
In addition to the conditions of the Pact listed below, the Jews,
like the Christians, paid a head-tax in return for protection, and
for exemption from military service. Jews and Christians were also
forbidden to hold government office. This Pact, like much medieval
legislation, was honored more in the breach than in the observance.
In ~ e n e r a l though, the Pact increased in stringenc.y with the cen-
turies and is still in force in such lands as Yemen.
In 1771 a Moslem scholar in Cairo was asked how Jews and
Christians should be treated. The answer is found in the second
selection, issued four yeats before the American neclaration of
Independence. This answer is not law, but only the opinion of a
conservative Moslem. The Pact and the opinion are both in Arabic.
I. Pact of Omar, The Ninth Century (?)
In the name of God, the Merciful, the Compassionate!
This is a writing to Omar from the Christians of such and such a
city. When you [Moslems] marched against us [Christians], we
14
The State and the Jew 15
asked of you protection for ourselves, our posterity, our possessions,
and our co-religionists; and we made this stipulation with you, that
we will not erect in our city or the suburbs any new monastery,
church, cell or hermitage. that we will not repair any of such build-
ings that may fall into ruins, or renew those that may be situated
in the Moslem quarters of the town. that we will not refuse the
Moslems entry into our churches either by night or by day. that
we will open the gates wide to passengers and travellers; that we
will receive any Moslem traveller into our houses and give him
food and lodging for three nights; that we will not harbor any spy
in our churches or houses, or conceal any enemy of the Moslems.
[At least six of these laws were taken over from earlier Christian
laws against infidels.]
That we will not teach our children the Koran [some nationalist
Arabs feared the infidels would ridicule the Koran; others did not
want infidels even to learn the language]; that we will not make a
show of the Christian religion nor invite anyone to embrace it;
that we will not prevent any of our kinsmen from embracing Islam,
if they so desire. That we will honor the Moslems and rise up in
our assemblies when they wish to take their seats; that we will not
imitate them in our dress. either in the cap, turban, sandals, or
parting of the hair; that we will not make use of their expressions
of speech, nor adopt their surnames [infidels must not use greetings
and special phrases employed only by Moslems]; that we will not
ride on saddles. or gird on swords, or take to ourselves arms or wear
them, or engrave Arabic inscriptions on our rings; that we will not
sell wine [forbidden to Moslems]; that we will shave the front of
our heads; that we will keep to our own style of dress, wherever we
may be; that we will wear girdles round our waists [infidels wore
leather or cord girdles; Moslems, cloth and silk].
That we will not display the cross upon our churches or display
our crosses or our sacred books in the streets of the Moslems, 01'
in their market-places; that we will strike the clappers in our
churches lightly [wooden rattles or bells summoned the people
to church or synagogue]; that we will not recite our services in a
loud voice when a Moslem is present; that we will not carry palm-
branches [on Palm Sunday] or our images in procession in the
streets; that at the burial of our dead we will not chant loudly or
carry lighted candles in the streets of the Moslems or their market-
place.s. that we will not take any slaves that have already been in
the possession of Moslems, nor spy into their houses; and that we
will not strike any Moslem.
16 17 The Jew in the Medieval World
All this we promise to observe, on behalf of ourselves and our
co-religionists, and receive protection from you in exchange; and
if we violate any of the conditions of this agreement, then we forfeit
your protection and you are at liberty to treat us as enemies and
rebels.
II. The Status of Jews and Christians in Moslem Lands, '77
2
-
QUESTION
((What do you say, 0 scholars of Islam, shining luminaries who
dispel the darkness (may God lenRthen your days!)? What do you
say of the innovations introduced by the cursed unbelievers [Jewish
and Christian] into Cairo, into the city of al-Muizz [founder of
Cairo, CJ69] which by its splendor in legal and philosophic studies
sparkles in the first rank of Moslem cities?
What is your opinion concerning these deplorable innovations
which are, moreover, contrary to the Pact of Omar which prescribed
the expulsion of the unbelievers from Moslem territory? [This is
exaggerated. Omar exiled the infidels only from Arabia.]
Among other changes they have put themselves on a footing of
equality with the chiefs, scholars, and nobles, wearing, like them,
cosdy garments of cloth of India, expensive silk and cashmere fab-
rics, and they imitate them even in die cut of these very garments.
In addition, whether through necessity or otherwise, they ride
on saddles which are of the same tyfC as those of chiefs, scholars,
and officers, with servants at their rtght, at their left, and behind
them, scattering and pushing back MosleIns for whom they thus
block the streets.
They carry small batons in their hands just like the chiefs. They
buy Moslem slaves, the offspring of negro, Abyssinian, and even
white slaves; this has become so common and so frequent among
them that they no longer consider this offensive. They even buy
slaves publicly, just like the Moslems.
They have become the owners of houses and build new ones of a
solidity, durability, and height possessed by neither the houses nor
of the Moslems themselves. This state of affairs is spreading
and IS extending beyond all proportions. They contribute for the
extension of their churches and convents; they seek to raise them
higher and to give them a strength and a durability which even
the mosques and the monasteries themselves do not have.
Christian foreigners, foes who solicit our tolerance, settle in the
country for more than a year without submitting theInselves thereby
The State and the Jew
to taxation and without renewing their treaties of protection. The
women of the tolerated non-Moslem natives liken themselves to our
women in that they deck themselves in a garment of black silk
and cover their faces with a veil of white muslin with the result that
in the streets they are treated with the consideration due only to
respectable Moslem women.
Ought one to allow these things to the unbelievers, to the enemies
of the faith? one to allow them to dwell among believers
under such conditions? Or, indeed, is it not the duty of every Moslem
prince and of every to ask the scholars of the holy law
to express their legal opmion, and to can for the advice of wise and
enlightened men in order to put an end to these revolting innovations
and to these reprehensible acts? Ought one not compel the unbe-
lievers to stick to their pact [of OmarJ; ought one not keep them
in servitude and prevent them from going beyond the bounds and
the limits of theIr tolerated status in order that there may result
from this the greatest glory of God, of His Prophet, and of all
Moslems, and likewise of that which is said in the Koran?
Be good enough to give us a precise answer, one based on au-
thentic traditions.
THE ANSWER OF THE SHAIKH HASAN AL KAFRAWI, THE SHAFlITE.
((Praise be to God, the guide of the right way!
The decision given by the Shaikh ar-Ramli [a great Cairo legal
authority, d. I 596J, by the Shaikh ai-Islam [the Moslem religious
authority in ConstantinopleJ, and by the learned scholars whose
decrees can hardly be written down here, may be worded as fol-
lows: "It is forbidden to the tolerated peoples living on Moslem
territory to clothe themselves in the same manner as the chiefs, the
scholars, and the nobles. They should not be allowed to clothe them-
selves in costly fabrics which have been cut in the modes which are
forbidden to them, in order that they may not offend the sensibilities
of poor Moslems and in order that their faith in their religion should
not be shaken by this. [Poor Moslems may regret their faith when
see how well-dressed the Christians and Jews are.]
'They should not be permitted to employ mounts like the Mos-
lems. They must use neither saddles, nor iron-stirrups, in order to
be distinguished from the true believers. They must under no cir-
cumstance ride horses because of the noble character of this animal.
The Most-High has said [Koran 8:62J: 'And through powerful
Professor of canon law in Cairo, d. 1188.
18
19
The Jew in the Medieval World
squadrons [of horses] through which you will strike terror into
your own and God's enemies.' [A verse of the Koran makes a good
support for a law. Verses may even be torn out of their context.]
"They should not be permitted to take Moslems into their service
because God has glorified the people of Islam. He has given them
His aid and has given them a by these words [Koran
3: 140J: 'Surely God will never gIve preeminence to unbelievers over
the true believers.' Now this is just what is happening today, for
their servants are Moslems taken from among men of a mature age
or from those who are still young. This is one of the greatest scandals
to which the guardians of authority must put an end. Itis wrong
to greet them even with a simple 'how-do-you-do'; to serve them,
even for wages, at the baths or in what relates to their riding animals;
and it is forbidden to accept anything from their hand, for that would
be an act of debasement by the faithful. They are forbidden while
going through the streets to ape the manners of the Moslems, and
still less those of the emirs of the religion. They shall only walk
single-file, and in narrow lanes they must withdraw even more into
the most cramped part of the road.
"One may read that which follows in Bukhari and Muslim [re-
ligious authorities of the ninth century]: 'Jews and Christians shall
never begin a greeting; if you encounter one of them on the road,
push himinto the narrowest and tightest spot.' The absence of every
mark of consideration toward them is obligatory for us; we ought
never to give them the place of honor in an assembly when a Moslem
is present. This is in order to humble them and to honor the true
believers. They should under no circumstances acquire Moslem
slaves, white or black. Therefore they should get rid of the slaves
which they now have for they have no right to own them. Ifone
of their slaves who was formerly an infidel, becomes a Moslem, he
shall be removed from them, and his master, willingly or unwill-
ingly, shall be compelled to sell him and to accept the price for him.
"It is no longer permitted them to put themselves, with respect
to their houses, on an equal footing with the dwellings of their
Moslem neighbors, and still less to build their buildings higher. If
they are of the same height, or higher, it is incumbent uron us to
pull them down to a size a little less than the houses 0 the true
believers. This conforms to the word of the Prophet: 'Islam rules,
and nothing shall raise itself above it.' This is also in order to hinder
them from knowing where our weak spots are and in order to make
a distinction between their dwellings and ours.
"They are forbidden to build new churches, chapels, or monas-
....
The State and the Jew
teries in any Moslem land. We should destroy that is
of new construction in every place, such as Cairo, for mstance,
founded under the Moslem religion, for it is said in a tradition of
Omar: 'No church shall be built in Islam.' They shall no longer be
permitted to repair the parts of these [post-Islamic] buildings which
are in ruins. However, the old buildings [of pre-Islamic times] which
are found in a land whose population had embraced Islam need not
be destroyed. They shall not, however, be enlarged by means of
repairs or otherwise. In case the tolerated peoples Dews, Christians,
etc.J act contrary to these provisions we will be obliged to destroy
everything that has been added to the original size of the building.
[Only pre-Islamic churches and synagogues may be repaired; new
ones must be torn down.]
"Entrance into Moslem territory by infidels of foreign lands
under the pact guaranteeing protection to the tolerated peoples is
permitted only for the time necessary to settle their business affairs.
Ifthey exceed this period, their safe-conduct having expired, they
will be put to death or be subject to the payment of the head-tax.
Dews and Christians of foreign lands must pay a special head-tax if
they wish to remain permanently in Moslem lands.] As to those
with whom the ruler may have Signed treaties, and with whom he,
for whatever motive, may have granted a temporary truce, they
form only the smallest fraction. But they, too, must not pass the
fixed limit of more than four months [without paying the tax],
particularly if this occurs at a time when Islam is prosperous and
flourishing. The Most-High has said [Koran 2: 234]: 'They should
wait four-months,' and he has again said [47:37]: 'Do not show
any cowardice, and do not at all invite the unbelievers to a peace
when you have the upper-hand and may God be with you.'
"Their men and women are ordered to wear garments different
from those of the Moslems in order to be distinguished from them ..
They are forbidden to exhibit anything which might scandalize us,
as, for instance, their fermented liquors, and if they do not conceal
these from us, we are obliged to pour them into the street,"
Thiswhich precedes is only a part of that which has been written
on this subject, and if we should wish to mention it all here it would
take too But this brief recital will be sufficient for those men
whose intellIgence God has enlightened, to whom he has given
the breath of life, and whose inner thoughts he has sanctified. Now
let us beg the Sovereign Master of the world to extend His justice
over humanity universally, in order that they mar direct all their
efforts toward raising with firmness the banner 0 the religion.
20 The Jew in the Medieval World
In a tradition of the sincere and faithful [Calif Abu Bekr, 632-
634J it is likewise said: "The abolition of a sacrilegious innovation
is preferable to the permanent operation of the law." In another
tradition it is also said: "One hour of justice is worth more than
sixty years of ritual." The verses of the Koran and the traditions
are very numerous on this subject, and they are known by all the
faithful. God has cursed the former nations because they have not
condemned scandalous things; and He has said [Koran 5: 82J: "They
[the children of IsraelJ seek not at all to turn one another from the
bad actions which they have committed. 0 how detestable were
their actions. But He has punished these men because of their ob-
stinate conduct." The Most-High has also said [Koran 9: 1 I3J:
"Those who bid what is right and forbid what is wrong. who ob-
serve the divine precepts, will be rewarded. Announce these glad
tidings to the Moslems."
May the Most High God admit us to the number of this company
and may He lead us in the of His favor. Certainly God IS
powerful in everything; He IS full of mercy to His servants; He
sees all.
Written by the humble Hasan al the Shafiite.
177 2
BmLIOGRAPHY
REFERENCES 1'0 TEXTBOOKS
Elbogen. pp. 47-48; Roth, pp. 149"-151; Sachar, pp. 155-161.
READINGS FOR ADVANCED STUDENTS
Graetz, III, pp. 53-89; Graetz-Rhine, II, pp. 488-513; Margolis and Marx,
pp. 248-254.
GottheiI, R. J. H., "Dhinunis and Moslems in Egypt," Old Testtrment tmd
Semitic Studies in Memory of William RAjney Harper, II, pp. 351-414'
Torrey, C. C., The Jewish Foundi1ti01l of Isltmt. A scholarly critique of the
Jewish influence on early Islam.
Wismar, A. L., A Study in Tolerance as Practiced by Muhtrmmad tmd His
Immediate Successors. A good study.
Encyclopaedia of Religion and Ethics, "Persecution (Muhammadan)"; "Tol-
eration (Muhanunadan)."
JE, "Disabilities"; "Islam"; "Omar I."
ADDITIONAl. SOURCE MATERIALS IN ENGLISH
Tritton, A. S., The Caliphs tmd Their N01I-Muslim Subjects. A Critical Study
of the CO'IJenane of 'Umar. Chap. i, "The Covenant of 'Umar."
The State and the Jew 2I
BIBLIOGRAPHICAL ADDITIONS
Sl'RVEYS
Baron 3:97, 119-30, 139-49; Ben-Sasson, 403-406; EJ: "Omar, Covenant of,"
"Dhimma, Dhimmi," "Kharaj and Jizya.
STI.'DlES
Morony, Michael, "Religious Communities in Late Sasanian and Early Muslim
Iraq," Journal of the Economic and Social History of the Orient 17 (1974): II3-35
A comparative treatment of the impact of the Muslim conquest on religious mi-
norities.
Lewis, Bernard, The Jews ofIslam (Princeton: Princeton University Press, (984), pp.
14-49 ("Islam and Other Religions").
Cohen, Mark R. Under Crescent and Cross: The Jews in the Middle Ages (Princeton:
Princeton University Press, (994), pp. 52-74 ("The Legal Position in Islam").
ADDITIONAL SOURCE '\!ATERIALS
Khadduri, Majid, The Islamic Law of Nations: Shayboni's Siyar (Baltimore: Johns
Hopkins University Press. (966), chap. 10, pp. 269-87= "The Book of Taxa-
tion," an extensive codification of early Muslim law on the status and tax oblig-
ations of the tolerated minorities.
Stillman, Norman: The Jews ofArab Londs: A llistory and Source Book (Philadelphia:
JPS, (979), pp. 113-50 (Muhammad and the Jews), 157-62, 167-68 (legal ma-
terial).
4.
The Jews of Spain and the Visigothic Code
654-
681
THE Visigothic Code, originally in Latin, includes the laws of
a number of Catholic kings who ruled Spain from 5
86
to 7
11
. Rec-
cared (5
8
6-60 1 ), the first Visigothic kmg to become a Catholic,
was also the first king to pursue an active anti-Jewish policy. Some
of his successors in the seventh century went farther and allowed
the Jews only the alternatives of baptism or exile. Many Jews thus
became unwilling converts and secretly practiced Judaism. These
were the "Judaizing Christians." In order to stamp out this secret
Judaism some Icings resorted to most drastic punishments. These
actions were prompted both by religious bigotry and the desire for
a standardized Catholicism of all citizens. In addition the prospect
of gain through confiscation of Jewish property probably lured
some of them. Fortunately for the Jews thIS legislation was not
always carried into effect, for the royal authority met with oppo-
sition in many parts of Spain.
The first document reproduced below from this famous Latin
code is a sort of declaration of faith presented by the Judaizing
Christians of Toledo to King Recceswinth (641)-672) The second,
issued by King Erwig (680-687), offers those Jews, who had for
some reason or other not yet become Catholics, the alternatives of
expulsion or baptism. Though the Visigothic state was overthrown
by the Arabs in 711, this seventh century code continued to influ-
ence Catholic Spain all through the Middle Ages. The Spanish
Inquisition of the 15th century shows traces of this influence.
I. MEMORIAL OF THE JEWS PRESENTED TO THE KING, 654
((To our most pious and noble lord and master, King Recceswinth:
We, Jews of the city of Toledo, who have hereto attached our signa-
tures or seals, call your attention to the fact that formerly we were
compelled to present a memorial to King Chintila, of holy memory,
by which we bound ourselves to uphold the Catholic faith, as, in
like manner, we do now. [Under Chintila, 637, the secret-Jews had
promised to be good Christians.]
But, whereas the perfidy born of our obstinacy and the antipathy
Z2
23 The State and the Jew
resulting from our ancestral errors influenced us to such an extent
that we did not then truly believe in our Lord Jesus Christ and did
not sincerely embrace the Catholic faith, therefore now, freely and
voluntarily, we promise Your Majesty for ourselves, our wives, and
our children, by this, our memorial, that henceforth we will observe
no Jewish customs or rites whatever, and will not associate, or have
any intercourse with any unbaptized Jews. [The secret-Jews offered
thiS petition to protect themselves from punishment of expulsion.
The actual text was probably dictated by a priest.]
Nor will we marry any person related to us by blood, within the
sixth degree, which union has been declared to be incestuous and
wicked. [Catholic law then objected to the marriage even of distant
cousins.] Nor will we, or our children, or any of our posterity, at
any time hereafter, contract marriage outside our sect [Christian-
ity]; and both sexes shall hereafter be united in marriage according
to Christian rites. We will not practice the operation of circum-
cision. We will not celebrate the Passover, Sabbath, and other
festival days, as enjoined by the Jewish ritual. We will not make
any distinction in food, according to our ancient usages. We will
not observe, in any way, ceremonies prescribed by the abominable
practices and habits of the Hebrews.
But, with sincere faith, grateful hearts, and perfect devotion, we
believe that Christ is the son of the living God, as declared by
ecclesiastical and evangelical tradition; and we hereby acknowledge
Him to be such, and venerate Him accordingly. Moreover, all the
ceremonies enjoined by the Christian religion-whether said cere-
monies relate to festivals, or to marriage and food-we will truly
and exactly observe; and we will maintain the same with sincerity,
without any objection or opposition thereto; and without any sub-
terfuge on our part, by means of which we might hereafter deny
our acts, return to what has been prohibited, or not completely fulfill
all that we have promised.
With regard to the flesh of animals which we consider unclean,
if we should be unable to eat the same on account of our ancient
prejudices, nevertheless, when it is cooked along with other food,
we hereby promise to partake of the latter with no manifestation of
disgust or horror. [They cannot, however, promise to eat pork
except when cooked with other foods.]
And if, at any time, we should be found to have transgressed, and
to have violated any of the promises hereinbefore specified; or
should presume to act contrary to the doctrines of the Christian
faith; or if we should, in word or deed, neglect to fulfill the obliga-
24 TheJewin theMedievalWorld
tions towhich wehave bound ourselves, as being acceptable tothe
Catholic religion; we hereby swear by the Father, Son and Holy
Spirit,whofonnoneGodin theTrinity,that, incase asingletrans-
gressor should be found among our people, he shall be burned, or
stoned to death, either by ourselves, or by our sons. And should
Your Majesty graciously grantsuch culprit his life, he shall atonce
be deprived ofhis freedom, so thatYour Majesty may deliver him
to be forever a slave to anyone whom Your Majesty may select;
and Your Majesty shall have full authority to make whatever dis-
position of him and his property as may seem expedient; not only
on account of the power attached toyourroyal office, butalso by
the authority granted by this our memorial. Made in the name of
God,atToledo,ontheKalends ofMarch, in thesixthyearofYour
Majesty's happy reign [March I, 654J
II. JEWSSHALL NOT REMOVE THEMSELVESOR THEIRCHILDREN OR SLAVES
FROM THE BLESSING OF BAPTISM, 681
Sincetruthitself[Matthew7:7Jteaches us toseek, toinvestigate,
toknock[atthe doorofheavenanditwillbeopened],admonishing
us that [Matthew II: l1.J "ardent men inherit the kingdom of
heaven," thereis no doubtthathefalls shortofthe rewardofdivine
favor who does not exert himself to gain that favor. [Christians
must make every effort to convert Jews.J
Therefore, if any Jew-of those, naturally, who are as yet not
baptized orwho have postponed their own ortheir children's bap-
tism-shouldprevent his slaves from beingbaptized in the presence
ofthepriest,orshouldwithholdhimselfandhisfamily frombaptism,
orif anyoneofthem should exceed the duration ofone yearafter
thepromulgationofthislawwithoutbeingbaptized,thetransgressor
ofthese[conditionsJ,whoeverhemaybe,shallhavehisheadshaved,
receive ahundred lashes, and pay the required penalty ofexile. His
propertyshall pass over into the power ofthe king; itshall remain
perpetually in the possession of him to whom the king wishes to
bestow it, inasmuch as thestubborulife [ofthe JewJshows him to
be incorrigible.
BmLIOGRAPHY
RI!FEIIENCES TO TEXTBOOKS
Golub, J. S., Medieval Jewish History, Sec. III, "Spain."
TheState and theJew
25
READINGS roR ADVANCED STUDENTS
Graetz, III, pp. 41-51, 101-110; Graetz-Rhine, II, pp. 479-487; III, pp. 14-10;
Margolis and Marx, pp. 303-307.
Katz, S., The JeWs in the Visigothic and Frankish Kingdoms of Spain and
GMll (Mediaeval Academy monograph no. u). The best presentation of
the subject in English.
Milman, H. H.. The History of the Jews, II, Book xxii, pp. lSG-:t63.
Ziegler, A. K., Church and State in Vislgothic Spain. A detailed study of the
relation of the State to the Church. The Jewish problem is treated on
pp. 186-199. The author holds the State, not the Church, responsible,
primarily, for mistreatment of the Jews.
JE, "Spain."
AIlDmONAL SOURCE MATERIALS IN ENGLISH
Lindo, E. H.. The History of the Jews of Spain and Portugal. Thisworkcon-
tains translations and a discussion of many of the laws concerning Jews
enacted during the Visigothic period.
Scott, S. P., The Visigothic Code. Contains practically all the laws of the
period touching the Jews.
BIBLIOGRAPHICALADDITIONS
SURVEYS
Baron, 3:33-46, 244-50; Ben-Sasson, 409; Stow, 47-54; EJ: "Spain: Under Visig-
othicRule," "Baptism, Forced."
STUDIES
Parkes,James, The Conflict of Church ond Synogogue (Cleveland: Meridian Books,
1961), pp. 345-70 [19341.
King, P.D., LIlW ond Society in the Visigothic Kingdcm (Cambridge: UniversityPress,
1972), pp. 130-45
Juster,]. "The Legal ConditionoftheJews under the Visigothic Kings (brought
up-do-date by A.M. Rabello), Isrod Low Review II (1976): 216-87, 39
1
-4
1
4,
563-90+ Index.
Bachrach, Bernard, Early Medievol Jli7JJish Policy in Western Europe (Minneapolis:
UniversityofMinnesota Press, 1977),pp. 3-26.
Roth, Norman, Jews, Visigoths ond Muslims in Medievol Spoin (Leiden: E.]. Brill,
1994), pp. 7-40.
ADDITIONALSOURCE MATERIALS
Linder, Aumon, The JIi7JJS in the Legol Sources of the Early Middle Ages (Detroit:
Wayne StateUniversityPress, 1997), pp. 257-332. Full textinLatin and Eng-
lish ofVisigothiclegislation onJews.
26 The Jew in the Medieval World
Constable, Olivia Remie, ed., Medieval Iberia: Readings from Christian, Muslim, and
Jewish Sources (Philadelphia: University of Pennsylvania Press, 1997), pp.
lI-ll: Canon III of the Sixth Council of Toledo (638), forbidding future kings
from allowing Jewish converts to return to their original faith.
f!;
,
~ .;:
"
::': ='.".
5.
The Expulsion of the Jews from France
1182
THE Jews had already been settled in France for over a thousand
years when Philip Augustus came to power in I 179. This brilliant
but unscrupulous ruler, then about fifteen years of age, needed
money and help to strengthen his hold on the throne and to fight
the powerful feudal barons. He gained these objectives, in part, by
confiscating Jewish wealth; thus he secured not only money but
also the goodwill of the Church and of the Christian debtors. That
he himself actually believed that Jews committed ritual murders
is difficult to determine. It is sufficient to say that, in taking drastic
action against his Jewish subjects, he had recourse to such accusa-
tions.
Four months after taking over the reigns of government he im-
prisoned all the Jews in his lands and released them only after a
heavy ransom had been paid (1180). The next year (II 8I) he an-
nulled all loans made to Christians by Jews, taking instead a com-
fortable twenty per cent for himself. A year later (1182) he con-
fiscated all the lands and buildings of the Jews and drove them
out of the lands governed by himself directly. It is difficult to de-
termine if -his decree affected the Jews in the baronial lands.
Several years later (1198) Philip Augustus readmitted the Jews
and carefully regulated their banking business so as to reserve large
profits to himself through a variety of taxes and duties. He made of
this taxation a lucrative income for himself.
The following account describes the events leading up to the
expulsion in 1182. It is taken from the Gesta Philippi Augusti, a con-
temporary Latin history by the monk Rigord who first began this
chronicle about 1186. Rigord, who was rather naive, tells his story
from the point of view of a devoted son of the Church. He died
some time after 1205.
[Philip Augustus had often heard] that the Jews who dwelt in
Paris were wont every year on Easter day, or during the sacred
week of our Lord's Passion, to go down secretly into underground
vaults and kill a Christian as a sort of sacrifice in contempt of the
27
19.
The Council of Elvira
about 300
HE Council of Elvira was probably the first national church
council in Spain, and very probably one of the first in any land, to
legislate concerning the Jews. It is obvious that at this council Chris-
tianity, not yet tolerated by the pagan Roman government, is on
the defensive and is afraid of Jewish religious influence. These de-
crees, originally in Latin, are important, not because of their im-
mediate influence on the Christians, then a minority in Spain, but
because they foreshadow the attitude of other later church coun-
cils toward the Jews. Elvira was near Granada in southern Spain.
CANON XVI. CHRISTIAN GIRLS MAY NOT BE MARRIED TO INFIDELS
The daughters of Catholics shall not be given in marriage to here-
tics [Christians who do not follow the orthodox Catholic faith],
unless these shall submit themselves to the Catholic church; the same
is also decreed of Jews....since there can be no communion of one
that believeth, with an infidel. And if parents transgress this com-
mand, they shall be excommunicated for five years. [Christianity,
still weak, opposed intermarriage to protect itself.]
CANON XLIX. JEWS MAY NOT BLESS THE CROPS OF CHRISTIANS
Landholders are to be admonished not to suffer the fruits, which
they receive from God with the giving of thanks, to be blessed by
the Jews, lest our benediction be rendered invalid and unprofitable.
If anyone shall venture to do so after this interdiction, let him be
altogether ejected from the Church. [Some farmers evidently valued
the blessing of the Jews more than that of their own Christian
priests.]
CANON L. CONCERNING CHRISTIANS WHO EAT WITH JEWS
If any person, whether clerical or one of the faithful, shall take
food with the Jews, he is to abstain from our communion, that he
II3
II4 TheJewinthe Medieval World
may learn to amend. [Ibe Christians probably feared that social
relationswithJewswould lead Christians toJudaism.]
CANON LXXVIII. CONCERNING MARRIED CHRISTIAN MEN WHO HAVE RE-
LATIONS WITH A JEWESS OR AN INFIDEL
If anyone of the faithful, having a wife, shall commit adultery
withaJewess, orapagan, he is to be cutofffrom ourcommunion.
BmLIOGRAPHY
REFERENCES TO TEXTBOOKS
Golub, J. S., Medieval Jewish History, Sec. III, "The Christian Church."
BIBLIOGRAPHICALADDITIONS
SURVEYS
Baron, 2:188, no;3:245 n. 42; EJ: "ChurchCouncils."
STUDIES
Dale,A. W.Winterslow, The Synod of Eivirnnnd Christinn Life in the Fourth Centu.,]
(London, 1882).
Simon,Marcel, Verus Isrnel (Oxford: Oxford UniversityPress, 1986), pp. 330-3 I,
361- 62.
ADDITIONAL SOURCES
J. Stevenson, ed. A New Eusebius (London: S.P.c.K., 1960), pp. 305-8. Selected
othercanonsofthis council.
Linder, Amnon, The Jews in the Legnl Sources of the Enrly Middle Ages (Detroit:
Wayne State, 1997), pp. 458-560. Latin texts and English translations ofcon-
ciliar canons pertainingtoJews from ecumenical and regional couuciis.
20.
Christianity Objects to the Sabbath and to
the Jewish DatingofEaster
about I 89-about 381
HE first Christians were Jews and, naturally, observed the
Sabbath and the Jewish holidays, including the Passover, which for
them was the anniversary of the death and resurrection of Jesus.
The first selection below describes the attempts-atfirst unsuccess-
ful-toinducetheChristiansofAsiaMinorduringthesecondcentury
to cease celebrating the holiday we now know as Easter on the
same day as the Jewish Passover, namely, the fourteenth of Nisan.
It is not improbable thatone ofthe reasons for this prohibition was
the desire to encourage a religious and social cleavage between
Christians and Jews, outof fear of Jewish religious influence. This
selection is taken from the Ecclesiastical History written in Greek
about 324 by the scholarly Eusebius (d. about 340), Bishop of
Caesareain Palestine. Thishistoryis, on the whole, areliable source.
The second selection, taken from Eusebius' Life of Constantine,
written in Greek between 337 and 340, is an extract of a letter on
this problem ofthe paschal celebration written by Constantine the
Great to the churches, after the first international church council
which had met at Nicaea in Asia J'vlinor in 325. By this time Chris-
tians in the NearEast no longer observed the Passover on the same
dayas theJews.Theydid, however, guide themselves bytheJewish
calendar in that they observed Easter on the first Sunday after the
beginningoftheJewish Passover.
In general there was confusion among the Christians in the ob-
servance ofEaster. TheCouncil of Nicaea decided, as the selection
intimates, that the Chri/itian Passover, that is, Easter, was to fall on
a Sunday, and thatitwas not to coincide with the Jewish Passover
or be determined in date byit.
This decision ultimately prevailed in the Roman Catholic world;
today, Easter falls on the first Sunday which occurs after the first
full moon after the twenty-first of March.
AlthoughthefirstChristiansobserved theSabbaththeyalso began
at a very early date to worship on Sunday, the day on which, as
they believed, Jesus rose from the dead. It was not until 32I that
II5
II6 TheJewin theMedievalWorld
Constantine-thefirst emperor to encourage Christianity-declared
Sunday a legal holiday, at least for city-dwellers. Constantine was
probably motivated by the desire not only to please his Christian
followers, butalso to give all the peoples ofhis empire, the pagans
too,afixed dayofrest.Thislawof321,however,did notspecifically
prohibit Christians from resting and worshipping on the Jewish
Sabbathalso, and we knowthatmany did. AtacouncilinLaodicea
in Phrygia in Asia Minor, held sometime between 343 and 381,
the Church made this further step byforbidding Christians to rest
ontheSabbathand byorderingthem to honorSunday.Itis indica-
tive, though, ofJewish influencethat this veryCouncilofLaodicea
did tolerate a special Christian religious service for the Sabbath. It
was not until 789, in the days of Charlemagne, that the Christian
Sundayactually tookoverthecharacteristicsofthe Jewish Sabbath
completelyand became not merely a day ofworshipbutalso aday
of rest.
The Latin Constantinian decree just described, selection three
below, is found in the Justinian Code; the Laodicean decree, selec-
tionfour, is found in theGreekcanonsofthatchurch council.
I. Easter and Passover Are Observed on the Same Day in Asia Minor,
about 189
((At that time [about 189J no small controversy arose because all
the dioceses of Asia thought it right, as though by more ancient
tradition, to observe for the feast ofthe Savior's passover the four-
teenth day ofthe moon, on which the Jews had been commanded
to kill thelamb. Thusitwas necessaryto finish thefast onthatday,
whatever day of the week it might be. [The Christians of Asia
Minor would end their fast in memory of Jesus' suffering on the
eve of the Jewish Passover. Then they would sit down to a seder
recalling the last supper ofJesus.J
Yet it was not the custom to celebrate in this manner in the
churches throughout the rest ofthe world, for from apostolic tra-
dition they kept the custom which still exists that it is not right
to finish the fast on any day save that of the resurrection of our
Savior [EasterSundayJ.
Many meetings and conferences with bishops were held on this
point, and all unanimously formulated in their letters the doctrine
of the church for those in every country that the mystery ofthe
Lord's resurrection from the dead [EasterJ could be celebrated on
no daysaveSunday,and thatonthat day alone weshould celebrate
II7
TheChurchand theJew
the end of the paschal fast. [Nevertheless many Christians of Asia
MinorstillcontinuedtoobserveEasteronthesamedayasPassover.J
II. The Council of Nicaea Changes the Date of Easter, )25
((ConstantinusAugustustotheChurches....
At this meeting [at NicaeaJ the question concerning the most
holy day ofEaster was discussed, and it was resolved by theunited
judgment of all present, that this feast ought to be kept byall and
in every place onone and the same day[SundayJ.Forwhatcan be
more becoming or honorable to us than that this feast from which
we date our hopes of immortality, should be observed unfailingly
by all alike, according to one ascertained order and arrangement?
[Theresurrection ofJesus confirms the Christians in their expecta-
tionofimmortality.J
And first of all, it appeared an unworthy thing that in the cele-
brationofthis most holyfeast weshouldfollow the practiceofthe
Jews, who have impiously defiled their hands with enormous sin,
and are, therefore, deservedly afflicted with blindness of soul. For
we have it in our power, if we abandon their custom, to prolong
thedueobservanceofthisordinancetofutureages, byatruerorder,
which we have preserved from the very day of the Passion until
the present time. [Ever since the day of the Passion, or suffering
ofJesus, theChristianshad atraditional date forEasterindependent
of the Jewish dating of Passover. This contention of the Council
of Nicaea is very probably incorrect. Itis far more probable that
the earlyChristians determined their date for the celebration ofthe
resurrectionofJesus bythe date ofthe Jewish Passover.J
Let us then have nothing in common with the detestable Jewish
crowd; for we have received from our Savior a different way. A
course at once legitimate and honorable lies open to ourmostholy
religion.Belovedbrethren,let us withoneconsentadoptthiscourse,
and withdrawourselves from all participation in their baseness. For
their boast is absurd indeed, that it is not in our power without
instruction from them to observe these things....
In fine, that I may express my meaning in as few words as possi-
ble, it has been determined by the common judgment of all, that
the most holy feast of Easter should be kept on one and the same
day [SundayJ. For on the one hand a discrepancy of opinion on
so sacred aquestionis unbecoming, andontheotheritis surelybest
to act onadecision which is free from strangefolly and error ....
God preserve you, beloved brethren!
________________ __""""",,,,, ,"',N ' . , __. - ~ , ' - ~ . , . ' ' ' ' ' ' ' ' ' ' ' '
118 TheJewin theMedieval World
III. Constantine Declilres Sunday a Legal Holiday, Mllrch 7, 3 ~
CONCERNING HOLIDAYS
All judgesand commonpeople ofthe cityand workers inall the
craftsaretorestontheholySunday.Thosewholivein thecountry,
however, shall take careofthecultureofthefields freely andwith-
outrestraint,since itfrequently happensthattheworkonthegrain
in the furrows and the vines 10 the ditches cannotwell be put off
to another day, lest the benefit granted by a divine Providence be
lost in an inopportune moment.
IV. The Council of Laodicea Forbids Christians To Observe the
Sabbath, between 343 and 381-cANON 29
TheChristians must not judaize and sit idle on the Sabbath, but
oughttoworkonthatday.Theymust honortheLord'sDay(Sun-
day] in whatever way they can by resting, inasmuch as they are
Christians. But if they persist in being Jews they ought to be
anathema to Christ.
BffiLiOGRAPHY
READINGS FOR ADVANCED STVDENTS
Parkes, J., The Conflict of the Church and the Synagogue, see "Easter" and
"Passover" in Index.
Catholic Encyclopedia, "Easter"; "Sunday."
Encyclopaedia of Religion and Ethics, "Sunday."
IE, "Easter"; "Sabbath and Sunday."
AOOmONAL SOURCE MATERIALS IN ENGLISH
Eusebius, in his Life of Constantine, Book III, Chaps. xvii-xx, gives the com-
plete letter of Constantine of which only part has been cited above.
Socrates Scholasticus, in his Ecclesiastical History, Book V, Chap. xxii, in
A Select Library of Nicene IJ7ld Post-Nicme Fathers of the Christill7l
Church, Second Series, Vol. II, discusses the change in date of the Easter
celebration so as not to coincide with the date of Passover. In the same
volume of the Nicene Fathers, Sozomenus, in his Ecclesiastical History,
also treats of this problem: Book I, Chap. xvi; Book VII, Chap. xviii.
II9
TheChurchand theJew
BIBLIOGRAPHICALADDn'IONS
SURVEYS
Baron, 2:188; "ChurchCouncils,""Eusebius."
STUDIES
Simon,Marcel, Verus Israel (Oxford: OxfordUniversityPress, 19
86
), pp. 3
1
0-21.
ADDITIONAL SOURCES
Peters,F. E.,Judaism, Christianity, and Islom, 3vols. (Princeton:PrincetonUniver-
sityPress, 199
0
). 1:330-33, on thedatingofEaster; 3'7
1
-7
2
, onChristiancel-
ebrationofthe Sabbath.
21.
St. Ambrose and theJews
3
88
AMBROSE (d. 397), Bishop of Milan, was one of the most
notable of the Christian Fathers. A man of education and culture,
his great courage and energy were never more evident than when
defending the interests of the Christian church.
Aboutthe year 388 abishop in Mesopotamia had encouraged the
burning down ofa synagogue in thetown ofCallinicum, a not un-
common occurrence. The Emperor Theodosius the Great (379-
395) orderedhim to rebuild it. Ambroseprotested againstthisorder
in aletterto theEmperor,withwhomhe hadgreatinfluence. How-
ever, when the letterdid not have the desired effect he appealed in
persontotheruler, and successfully, when hecametoserVices.
Thefirstselectionbelowisan extractfromAmbrose'slettertothe
Emperor. The second selection is an extract from Ambrose's letter
tohis sisterinwhichhe tells herofhis successfulappeaL Bothletters
were writtenin Latin in the year 388.
Nevertheless, five years later (393) Theodosius issued an order
to the Count ofthe East to punish any Christian whoattacked and
destroyedsynagogues.
I. AMBROSE, BISHOP, TO THE MOST CLEMENT PRINCE, AND BLESSED EM-
PEROR., THEODOSIUS THE AUGUSTUS.
C(A reportwasmade bythemilitary CountoftheEast thatasyna-
gogue [inCallinicum, Mesopotamia] hadbeen burnt[aboutAugust
I, 388] and that this was done bythe authorityofthe Bishop. You
gave commandthattheothersshouldbepunishedandthesynagogue
be rebuilt by the Bishop himself. I do not urge that the Bishop's
account [ofthis riot]ought to have beenwaitedfor; for priestsare
thecalmersofdisturbancesandanxiousforpeace,exceptwhenthey,
too, aremovedbysomeoffense against GodorinsulttotheChurch.
Letussuppose thatthatBishop was tooeagerinthematterofburn-
ing the synagogue and too timid at theI' udgment-seat; are you not
afraid, 0 Emperor, that he may compy with your sentence; do
you not fear that he may fail in his faith? [If the Bishop rebuilds
120
TheChurchand theJew 121
3
the synagogue he will be remiss in his duty as a Christian.] ...
But let it be granted that no one will cite the Bishop to the per-
T.
i,
formance ofthis task [therebuilding ofthe synagogue], for I have
o
requested your clemency; and although I have not yet read that
'e
thisedictisrevoked, let us notwithstandingassume thatitisrevoked.
Whatifothers more timid-because theyshrink from death-offer
o
y
thatthesynagogueberestoredattheircost;orthattheCount,having
found this previously determined, himself orders it to be rebuilt
d
out of the funds of Christians? ...Shall the Jews write this in-
h
scription on the front oftheirsynagogue: "Thetemple ofimpiety,
I,
erected from the plunder of Christians"? [The result would be a
Jewishplaceofworship builtofChristianfunds.]
p
Butperhapsthecauseofdisciplinemovesyou,0 Emperor.Which,
then, is of greater importance, the show of discipline or the cause
of Itis needful thatcensureshould yieldto religion. [The
ChristIan religion takes precedence over the law.] ...
Thereis, then, no adequate cause for sucha commotion, that the
people shouldbe so severelypunishedfortheburningofabuilding;
and much less since it is the burning of a synagogue, a home of
unbelief, ahouse ofimpiety, areceptacle offolly, which God him-
self has condemned. . . .
Andcertainly, ifI wereplel;lding accordingtothe law ofnations,
Icouldtell howmanyofthe Church'sbasilicas [churches]theJews
c,
burnt in the time ofthe EmperorJulian: two at Damascus, one of
,.
which is scarcely nowrepaired, and this at the cost ofthe Church,
not of the Synagogue; the other basilica still is a rough mass of
d
shapeless ruins. Basilicas wereburntat Gaza, Ascalon, Beirut,andin
almosteveryplacein those parts, and no onedemandedpunishment. e
AndatAlexandria abasilica, whichalone surpassed all therest, was
burntbypagans and Jews. The Church was not avenged; shall the
I.
,
Synagogue be so? ....[Ambrose says, in excuse, that the Jews
destroyed churches during the reign ofJulian the Apostate, 361 -
363. Thisaccusation is not confirmedin othercontemporaryChris-
tian sources.]
,
.,
e
ThebuildingsofourchurcheswereburntbytheJews,and noth-
ingwas restored, nothingwas askedback, nothingdemanded. Now,
t
what could the Synagogue have possessed in a far distant town,
when the whole ofwhat thereis there is notmuch; there is nothing
of value and no abundance. And what then could the scheming
Jews lose by the fire? Theseare artifices ofthe Jews who wish to
calumniate us, that because of their complaints an extraordinary
military inquiry may be ordered. . . .
122 The Jew in the Medieval World
Will you give this triumph over the Church of God to the Jews?
this victory over Christ's people? this exultation, 0 Emperor, to the
unbelievers? this rejoicing to the Synagogue, this sorrow to the
Church? The people of the Jews will set this solemnity amongst
their feast-days and will doubtless number it amongst those on which
they triumphed either over the Amorites or the Canaanites, or were
delivered from the hand of Pharaoh, King of Egypt, or of Nebuchad-
nezzar, King of Babylon. They will add this solemnity, in memory of
their having triumphed over the people of Christ....
On this point I pledge myself to our God for you, do not fear
your oath. Is it possible that that should displease God which is
amended for His honor? You need not alter anything in that letter,
whether it be sent or is not yet sent. Order another to be written,
which shall be full of faith, full of piety. For you it is possible to
change for the better; for me it is not possible to hide the truth. . . .
[Theodosius is asked to recall the order to rebuild the synagogue.]
II. THE BROTHER TO HIS SISTER
((You were good enough to write me word that your holiness was
still anxious, because I had written that I was anxIOus; so that I am
surprised that you did not receive the letter in which 1 wrote word
that satisfaction had not been granted me [as yet]. For when it
was re(>orted that a synagogue of the Jews and a conventicle of the
Valentmians [Gnostic heretics] had been burnt by Christians, by
the authority of the Bishop, an order was made, while I was at
Aquileia [near Triest], that the synagogue should be rebuilt and
the monks who had burnt the Valentinian building punished. Then,
since I gained little by frequent endeavors, I wrote and sent a letter
to the Emperor; and when he went to church I delivered this dis-
course. . . . [The substance of the sermon was: if you don't take
care of the Christians, God won't take care of you.]
When I came down from the pulpit, he said to me: "You spoke
about me." I replied: "I dealt with matters intended for your bene-
fit." Then he said: "I had indeed decided too harshly about the
repairing of the synagogue by the Bishop, but that has been recti-
fied. The monks commit many crimes." Then Timasius, the general
of the cavalry and infantry, began to be over-vehement against the
monks, and I answered him: "I deal with the Emperor as is fitting,
because I know that he has the fear of God; but with you, who
speak so roughly, one must deal otherwise."
Marcellina, a nun, a sister of Ambrose.
The Church and the Jew
12
3
Then, after standing for some time, I said to the Emr;ror: "Let
me offer for you without anxiety; set my mind at ease.' [Ambrose
will not perform the "sacrifice," the mass, till the edict is rescinded.]
As he continued sitting and nodded but did nQt give an open prom-
ise, and 1 remained standing, he said that he would amend the edict.
I went on at once to say that he must end the whole investigation
lest the Count should use the opportunity of the investigation to do
some injury to the Christians. He promised that it should be so. I
said to him: "I act on your promise," and repeated: "I act on your
promise." "Act," he said, "on my promise." And so I went to the
altar. I would not have gone unless he had given me a complete
promise. And indeed so great was the grace attending the offering
[the mass], that I myself felt that that favor [rescinding the order]
was very acceptable to our God, and that the divine presence was
not wanting. And so everything was done as I wished.
BmLIOGRAPHY
BEADINGS FOB ADVANCED STtlDENTS
Graetz, II, pp. 6ufl.
Parkes, ]., The Conflict of the Church lind 'he Synagogue. See "Ambrose"
in Index.
JE, "Ambrose."
ADDmONAL SOUBCE MATERIALS IN ENGLISH
"The Letters of St. Ambrose" in A Select Library of Nicene and Post-Nicene
Fathers of the Christian Church, Second Series, X, pp. 44OfI., contains
the full texts of the letters quoted above in abstract.
BIBLIOGRAPHICAL ADDITIONS
SURVEYS
Baron, 2:189-92; Ben-Sasson, 354-55; Stow, 25-26; EJ: "Byzantine Empire,"
"Theodosius I," "Ambrose."
STUDIES
C. Morino, Church IIntl State in tlJe Teaching of St. Ambrose (Washington D.C.: Catholic
University of America Press, 1969), esp. pp. 114-18 [19631.
Ladner, Gerhart, "Aspects of Patristic Anti-Judaism," Viator 2(1971), esp. pp.
355-57 on Ambrose (reprinted in Ladner, Images lind Ideas in the Middle Ages, 2
vols. [Rome, 19831, pp. 867-69).
Langmuir, Gavin, "The Transformation of Anti-Judaism," in Toward a Definition of
Antisemitism (Berkeley: University of California Press, 1990), pp. 70-75, on
Ambrose.
22.
Pope Gregory the Great and the Jews
590-6
0
4
GREGORY THE GREAT (S9fr""604) is important in Jewish
history because his attitude toward the Jew finally became the offi-
cial policy of the Catholic church. This policy is an attempt to crys-
tallize the status of the Jew as it had evolved under the Christian
Roman emperors of the fourth, fifth, and sixth centuries. It is most
clearly expressed in the very last paragraph of the letter to Fantinus
quoted below.
The first of the Latin letters given below shows Gregory's dis-
taste for forced baptisms, although he himself was most eager to
bring the Jews over to Christianity.
The second letter describes the great Pope's efforts to do justice
to the Jews of Palermo, in Sicily. The bishop there, Victor, had
seized and occupied a synagogue, and when he saw that Gregory
objected, he quickly consecrated it as a church, m k i n ~ its return
to Jewry impossible. Gregory attempted to correct this mjustice by
restoring to the Jews the value of the buildings and by instituting
a search for the contents that had been carried off. The reason for
this attitude of Gregory was a desire to adhere closely to the prin-
ciples of the Roman law which already defined the privileges and
the disabilities of the Jews. He himself did nothing, however, to
improve their legal condition.
I. June 591--GREGORY TO VIRGILlUS, BISHOP OF ARLES, AND THEOOORUS,
BISHOP OF MARSEILLES, IN GAUL
((Though the opportunity of a suitable time and suitable persons for
writing to your Fraternity [a term of respect] and duly returning
your salutation has failed me so far, the result has been that I can
now at one and the same time acquit myself of what is due to love
and fraternal relationship, and also touch on the complaint of certain
persons which has reached us, with respect to the way in which
the souls of the erring should be saved.
Very many, though indeed of the Jewish religion, resident in this
124
The Church and the Jew 12
5
83
province [Rome], and from time to time traveling for various mat-
ters of business to the regions of Marseilles, have apprized us that
:Yo
many of the Jews settled in those parts have been brought to the
id,
font of baptism more by force than by preaching. Now I consider
to
the intention in such cases to be worthy .of praise, and allow that
ve
it proceeds from the love of our Lord. But I fear lest this same
so
intention, unless adequate justification from [a verse of] Holy
Iy
Scripture accompany it, should either have no profitable effect;
or there will ensue further (God forbid) the loss of the very souls
ld
which we wish to save.
:h
For, when anyone is brought to the font of baptism, not by the
::I,
sweetness of preaching but by compulsion, he returns to his former
superstition, and dies the worse from having been born again.
p
Let, therefore, your Fraternity stir up such men by frequent
preaching, to the end that through the sweetness of their teacher
they may desire the more to change their old life. For so our purpose
is rightly accomplished, and the mind of the convert returns not
again to his former vomit. Wherefore discourse must be addressed to
them, such as may burn up the thorns of error in them, and illuminate
what is dark in them by preaching, so that your Fraternity may
through your frequent admonition receive a reward for them. and
lead them, so far as God may grant it, to the regeneration of a new
life. [Though Gregory was ready to force pagans into Christianity,
he believed Jews should be converted only by preaching and ex-
ample.]
II. October 59B--GREGORY TO FANTINUS, DEFENSOR" OF PALERMO
((A little time ago [in June] we wrote to Victor, our brother and
fellow-bishop, that-inasmuch as certain of the Jews have complained
in a petition presented to us that synagogues with their guest-
chambers [for the poor and ailing], situated in the city of Palermo,
had been unreasonably taken possession of by him-he should keep
aloof from the consecration of them [as churches] until it could
be ascertained whether this thing had actually been done, lest per-
chance injury should appear to have been alleged by the Jews of
their own [ill] will. And, indeed, having regard to his priestly office,
we could not easily believe that our aforesaid brother [Victor] had
done anything unsuitably.
But, we found from the report of Salarius, our notary [a papal
agent], who was afterwards there, that there had been no reasonable
Papal administrator.
1Z6 TheJewin theMedievalWorld
cause for taking possession ofthose synagogues, and that they had
been unadvisedly and rashly consecrated. [When Bishop Victor
found out that the Pope wanted him to restore the synagogues he
hastily consecrated them.] We therefore enjoin thy Experience
[Excellency] (since what has been once consecrated cannot any
more be restored to the Jews) that it be thy care to see that our
aforesaid brother and fellow-bishop pay the price at which our
sons, the glorious Venantius the Patrician and Urbicus the Abbor,
may value the synagogues themselves with the guest-chambers that
are under them or annexed to their walls, and the gardens thereto
adjoining. Thus what he has caused to be taken possession ofmay
belong to the Church, and they [theJews] may in no wise be op-
pressed or suffer any injustice. [Gregory orders that the Jews be
compensatedfortheirlosses.]
Moreover,letbooks orornamentsthathave beencarried offbein
like manner sought for. And, ifany have been openly taken away,
we desire them also to be restored without any question. For, as
there ought to be no license for them to do anythingin theirsyna-
gogues beyond what is decreed bylaw, so neither damage norany
cost ought to be brought upon them contraryto justiceand equity,
as we have ourselves already written. [Gregory here refers to his
letterofJune, 598, toVictor,Bishop ofPalermo: "Justas oneought
not to grant any freedom to the Jews in their synagogues beyond
that permitted bylaw, so should the Jewsin no waysufferin those
things already conceded to them." This dictum was frequently re-
peatedin thebullsoflaterpopes.]
BIBLIOGRAPHY
REFERENCES TO TEXTBOOKS
Elbogen, pp. 61ff.; Roth, pp. (lUff.
READINGS FOR ADVANCED STUDENTS
Graetz, III, pp. 14ff.; Margolis and Marx, pp. 297-199,
Katz, S., "Pope Gregory the Great and the Jews," lOR, N. S., XXIV (933-
1934>, pp. 113-136.
Parkes, J., The Conflict of the Church and the Synagogue, pp. 110-111.
lE, "Gregory I, the Great."
ADDmONAL SOURCE MATERIALS IN ENGLISH
Forfurtherlight on the attitude of Gregory to the Jews consult the "Selected
Epistles of Gregory the Great," in A Select Library of Nicene and POlt.
TheChurchand theJew 1Z7
Nicene Fathers of the Christian Church, Second Series, XII-XlII. Sec
Index under "Jews."
Foran understanding of Jewish life in France in the sixth century, as seen
through the eyes of a distinguished churchman, see E. Brehaut's tnnSla-
non of Gregory of Tours' Hirtory of the Franks. See the Index under
"Jews"; "Priscus."
BIBLIOGRAPHICALADDITIONS
SURVEYS
Baron, 3:17-31; Ben-Sasson, 407-8; Stow, 13-14; EJ: "Gregory: Gregory I (the
Great), "Popes," "Baptism, Forced."
STtTDlS
Grayzel,Solomon,"ThePapalBullSicut Judei!," inEssentilll Pllpers on Judnism lind
Christillnity in Conflict, ed.Jeremy Cohen (New York: I\T)'U Press, 1991), pp.
231-59,esp. 133 onGregory
Synan, Edward, The Popes lind the Jews in the Middle Ages (New York: Macmillan,
1965), pp. 35-50
Evans, G.R. The Thought of Gregory the Grellt (Cambridge: Cambridge University
Press, 1986), pp. 135-38.
23.
The Crusaders in Mayence
May 27, 1096
I N the year 1095 the Catholic Church, aroused by the Moslem
encroachments in Palestine, proclaimed a crusade against the
Saracens torecoverJerusalem and the HolySepulcher.Thefollow-
ing year, in the spring of 1096, bands of zealous crusaders led by
monksandsoldierssetoutfortheHolyLand. Manyofthecrusaders
were pious; butthere can be no question that many also were run-
away serfs, ambitious business men, adventurers, and criminals. As
theypassed throughGermanyontheirwaytoJerusalemthismotley
crew killed thousands of "infidel" Jews in the larger cities such as
Speyer,Worms,Mayence,and Cologne.
In May, 1096aband ofcrusadersledbyEmico, aGermannoble,
forced its wayinto the city of Mayence and finally into the archi-
episcopal palace where the Jews had taken refuge. The slaughter
andsuicide ofthe Jews in this palace with all the attendant horror
andhysteriaaregraphicallydescribedinthefollowingtwoselections
taken from a Hebrew historical account bySolomon barSamson-
ofwhomweknowverylittle-whowroteabout 1140.
I.
Itwas on the third ofSiwan....at noon [Tuesday, May 27],
thatEmicothewicked, theenemyoftheJews, camewithhis whole
army against the city gate, and the citizens opened it up for him.
[Emico, a German noble, led ~ band of plundering German and
Frenchcrusaders.]ThentheenemiesoftheLordsaid toeachother:
"Look! They have opened up the gate for us. Now let us avenge
the blood of 'the hanged one' Oesus]."
Thechildrenofthe holycovenantwhowere there, martyrswho
feared the Most High, although they saw the great multitude, an
armynumerousas thesandontheshoreofthesea,stillclungtotheir
Creator. Then young and old donned their armor and girded on
theirweapons, and at theirhead was Rabbi KalonymusbenMeshul-
lam, the chiefofthe community. Yet because ofthe many troubles
andthefasts whichtheyhad observedtheyhad no strengthto stand
up against the enemy. [They had fasted to avert the impending
uS
TheChurchandtheJew 12
9
evils.] Then came gangs and bands, sweeping through like a flood,
until Mayence was filled from end to end.
Thefoe Emico proclaimed in the hearing ofthecommunity that
the enemy be driven from the city and be putto flight. Panic was
greatin thetown.EachJewintheinnercourtofthebishop girded
on his weapons, and all moved towards the palace gate to fight the
crusaders and the citizens. They fought each other up to the very
gate, butthesins oftheJewsbroughtitaboutthattheenemyover-
came them and took the gate.
Thehand oftheLordwas heavyagainst Hispeople.All theGen-
tiles were gathered together against the Jews in the courtyard to
blotouttheirname, and thestrength ofourpeople weakened when
theysaw the wicked Edomites overpoweringthem. [TheEdomites
were the traditional foes of the Jews; here, Christians are meant.]
Thebishop'S men, who had promised to help them, were the very
first to flee, thus delivering the Jews into the hands of the enemy.
They were indeed a poor support; even the bishop himself fled
from his church for itwas thought to kill him also because he had
spoken good t i n ~ of the Jews ....[Archbishop Ruthard had
been paid to remam and defend the Jews. Hewas later accused of
havingreceived some ofthe plundertakenfrom them.]
When the children of the holy covenant saw that the heavenly
decree ofdeath had beenissued and that the enemy had conquered
them and had enteredthecourtyard, thenall ofthem-oldtnenand
young, virgins and children, servants and maids-criedouttogether
to their Fatherinheaven and, weepingfor themselves and for their
lives,acceptedas justthesentenceofGod.Onetoanothertheysaid:
"Letus be strongand letus beartheyoke oftheholy religion, for
onlyin thisworldcantheenemy kill us--andtheeasiest ofthefour
deaths is by thesword. Butwe, oursouls inparadise, shall continue
toliveeternally,inthegreatshiningreflection[ofthedivineglory]."
[In Jewish law the four death penalties were: stoning, burning,
beheading, strangulation.]
With a whole heart and with a willing soul they then spoke:
"Afterall itis not right to criticizethe actsofGod-blessed be He
and blessed be His name-who has given to us His Torah and a
command to put ourselves to death, to kill ourselves for the unity
ofHis holyname. Happyareweifwedo Hiswill. Happyis anyone
who is killed or slaughtered, who dies for the unity of His name,
so that he is ready to enter the World to Come, to dwell in the
heavenly campwith the righteous-withRabbi Akiba and his com-
panions, the pillars ofthe universe, who were killed for Hisname's
The Jew in the Medieval World
13
sake. [fhe Romans martyred Akiba during the Bar Kokba revolt,
about 135 C. E.J Not only this; but he exchanges the world of dark-
ness for the world of light, the world of trouble for the world of
joy, and the world that passes away for the world that lasts for all
eternity." Then all of them, to a man, cried out with a loud voice:
"Now we must delay no longer for the enemy are already upon us.
Let us hasten and offer ourselves as a sacrifice to the Lord.
Let him who has a knife examine it that it not be nicked, and let him
come and slaughter us for the sanctification of the Only One, the
Everlasting, and then let him cut his own throat or plunge the knife
into his own body." [A nick in the slaughterer's knife would make
it ritually unfit.J
As soon as the enemy came into the courtyard they found some
of the very pious there with our brilliant master, Isaac ben Moses.
He stretched out his neck, and his head they cut off first. The others,
wrapped in their fringed praying-shawls, sat by themselves in the
courtyard, eager to do the will of their Creator. They did not care
to flee into the chamber to save themselves for this temporal life, but
out of love they received upon themselves the sentence of God. The
enemy showered stones and arrows upon them, but they did not care
to flee; and [Esther 9: 5J "with the stroke of the sword, and with
slaughter, and destruction" the foe killed all of those whom they
found there. When those in the chambers saw the deed of these
righteous ones, how the enemy had already come upon them, they
then cried out, all of them: "There is nothing better than for us to
offer our lives as a sacrifice." [fhe outnumbered Jews had no
chance to win: Emico is reported to have had about 1l,000 men.J
The women there girded their loins with strength and slew their
sons and their daughters and then themselves. Many men, too,
plucked up courage and killed their wives, their sons, their infants.
The tender and delicate mother slaughtered the babe she had played
with; all of them, men and women arose and slaughtered one another.
The maidens and the young brides and grooms looked out of the
windows and in a loud voice cried: "Look and see, 0 our God,
what we do for the sanctification of Thy great name in order not to
exchange you for a hanged and crucified one ...."
Thus were the precious children of Zion, the Jews of Mayence,
tried with ten trials like Abraham, our father, and like Hananiah,
Mishael, and Azariah [who were thrown into a fiery furnace, Daniel
3: IIJ. They tied their sons as Abraham tied Isaac his son, and they
received upon themselves with a willing soul the yoke of the fear
of God, the King of the Kings of Kings, the Holy One, blessed be
The Church and the Jew 13 1
He, rather than deny and exchange the religion of Our King for
[Isaiah 14: 19J "an abhorred offshoot [JesusJ ... ," [Christians and
Jews of those days often spoke contemptuously of each other's
religion.J They stretched out their necks to the slaughter and they
delivered their pure souls to their Father in heaven. Righteous and
pious women bared their throats to each other, offering to be sacri-
ficed for the unity of the Name. A father turning to his son or
brother, a brother to his sister, a woman to her son or daughter, a
neighbor to a neighbor Or a friend, a groom to a bride, a fiance to a
fiancee, would kill and would be killed, and blood touched blood.
The blood of the men mingled with their wives', the blood of the
fathers with their children's, the blood of the brothers with their
sisters', the blood of the teachers with their disciples', the blood of
the grooms with their brides" the blood of the leaders with their
cantors', the blood of the judges with their scribes', and the blood of
infants and sucklings with their mothers'. For the unity of the
honored and awe-inspiring Name were they killed and slaughtered.
The ears of him who hears these things will tingle, for who has
ever heard anything like this? Inquire now and look about, was there
ever such an abundant sacrifice as this since the days of the primeval
Adam? Were there ever eleven hundred offerings on one day, each
(,
one of them like the sacrifice of Isaac, the son of Abraham?
For the sake of Isaac who was ready to be sacrificed on Mount p.
Moriah, the world shook, as it is said [Isaiah 33:7J: "Behold their "
valiant ones cry without; [the angels of peace weep bitterly]" and
ld
[Jeremiah 4: 18J "the heavens grow dark." Yet see what these martyrs
re
did! Why did the heavens not grow dark and the stars not withdraw
their brightness? Why did not the moon and the sun grow dark in
t";
their heavens when on one day, on the third of Siwan, on a Tuesday,
eleven hundred souls were killed and slaughtered, among them so
many infants and sucklings who had not transgressed nor sinned, so
many poor, innocent sours?
~ g
Wilt Thou, despite this, still restrain Thyself, 0 Lord? For Thy
ere
sake it was that these numberless souls were killed. Avenge quickly at
the blood of Thy servants which was spilt in Our days and in OUr ~ h t
sight. Amen.
II. Rachel 41ld Her Children
C(Now I shall recount and tell of the most unusual deeds that were
done on that day [May 17, 1096) by these righteous ones .... Who
has ever seen anything like this? Who has ever heard of a deed like
133
1)2 TheJewin theMedieval World
that which was performed bythis righteolls and pious woman, the
young Rachel, the daughter ofRabbi Isaac ben Asher, the wife of
Rabbi Judah? Forshe said toherfriends: "Ihave four children. Do
not spare even them, lest the Christians come, take them alive, and
bringthemupintheirfalsereligion.Throughthem, too,sanctifythe
name ofthe Holy God."
Sooneofhercompanionscameandpickedupaknifetoslaughter
her son. But when the motherofthechildrensaw the knife, she let
outaloud andbitterlamentandshebeatherfaceand breast,crying:
"Where are Thy mercies, 0 God?" In the bitterness of her soul
she said to her friend: "Do not slay Isaac in the presence of his
brother Aaron lest Aaron see his brother's death and run away."
Thewomanthen tookthelad Isaac, whowassmall and verypretty,
and she slaughtered him while the mother spread outhersleeves to
receive the blood, catching it in her garment instead of a basin.
When the child Aaron saw that his brother Isaac was slain, he
screamed again and again: "Mother, mother, do not butcher me,"
and ran and hid under a chest.
She had two daughters also who still lived at home, Bella and
Matrona, beautiful young girls, the children ofher husband Rabbi
Judah. The girls took the knife and sharpened it themselves that it
should not be nicked. Then the woman bared their necks and
sacrificed them to the Lord God ofHosts who has commanded us
not tochange His purereligion butto be perfectwith Him, as itis
written[Deuteronomy 18:13J: "PerfectsnaIlyou bewiththeLord
yourGod."
When this righteous woman had made an end ofsacrificing her
three children to their Creator, she thenraised her voice and called
outto her son Aaron: "Aaron, where are you? You also I will not
spare norwill I have any mercy."Thenshe dragged him outbyhis
foot from under the chest where he had hidden himself, and she
sacrificed him beforeGod,thehighandexalted.Sheputherchildren
next to her body, two on each side, covering them with her two
sleeves, and there they lay struggling in the agony ofdeath. When
the enemy seized the room they found her sitting and wailing over
them. "Show us the money that is under your sleeves," they said
to her. But when it was the slaughtered children they saw, they
struckherandkilledher,uponherchildren,andherspiritflewaway
and hersoul found peace at last. To her applied the Biblical verse
[Hosea 10:14J: "The mother was dashed in pieces with her chil-
dreh." ...
When the father saw the death of his four beautiful, lovely
TheChurchand theJew
children, he cried aloud, weeping and wailing, and threw himself
upon the sword in his hand so that his bowels came out, and he
wallowed in blood on the road together with the dying who were
convulsed, rolling in their life's blood. The enemy killed all thGse
whowereleftin theroomandthenstrippedthemnaked; [Lamenta-
tions I: I I J "See, 0 Lord, and behold, how abject I am become."
Thenthe crusadersbegantogive thanksin the nameof"thehanged
one" because they haddonewhattheywantedwithall those in the
room ofthe bishop so thatnotasoul escaF.d. [Thecrusaders now
held a thanksgiving service in the archbishop's palace where the
massacre took place.J
BmLIOGRAPHY
REFEll.ENCES TO TEXTBOOKS
Elbogen, pp. 10211.; Roth, pp. 180-188; Sachar, pp. 186-
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