28.05.2013 Views

JUDAICA - Wisdom In Torah

JUDAICA - Wisdom In Torah

JUDAICA - Wisdom In Torah

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

ing, therefore, that during his visit to the Balkans in the 1160s<br />

Benjamin of Tudela found an entire Jewish community of 200<br />

families in the village of Crissa who “sow and reap on their<br />

own land” (Travels, pp. 12 (Heb.), 10 (Eng.)). Similar forced<br />

conversions occurred in Visigothic Spain, Merovingian Gaul,<br />

and Langobard Italy in 613–61, and were replaced in Spain by<br />

many sharply discriminatory laws against the Jews who survived<br />

or were allowed to return before the Muslim conquest<br />

of 711–2. To all intents and purposes these hostile actions put<br />

an end to all forms of organized Jewish life there and only a<br />

small Jewish remnant remained under Catholic domination<br />

in central and southern Italy. Even if not all the Jews left these<br />

countries, their ownership and cultivation of land must have<br />

practically ceased, while returning Jews may have had little<br />

incentive or opportunity to acquire new agricultural property.<br />

Similar effects were later produced by the successive expulsions<br />

of Jews from royal France, England, Spain, Portugal,<br />

various Italian states, and other parts of Christian Europe between<br />

1182 or 1290 and 1600.<br />

An equally important factor was the growth of European<br />

feudalism. Land now not only became the source of economic<br />

power but also the mainstay of political and military force. He<br />

who owned land exercised dominion over a multitude of peasants<br />

whether they tilled the soil as half-free sharecroppers so<br />

long as the Roman colonate persisted, or as villeins furnishing<br />

parts of their produce and corvée labor to their masters.<br />

While since Pope Gregory the Great the Church had allowed<br />

Jews to maintain Christian coloni on their land, it became increasingly<br />

awkward for Jews to be either vassals taking oaths<br />

of fealty to Christian lords, or seigneurs administering such<br />

oaths to Christian barons. Remarkably, this system persisted<br />

in Provence up to the 12th century and beyond. <strong>In</strong> Angevin<br />

England, kings also protected Jewish feudal holdings through<br />

decrees such as that issued by Richard the Lion Heart in 1190<br />

in favor of one Isaac, son of R. Joce, and his sons or, more<br />

broadly, through the generic decree by John Lackland in 1201.<br />

It was in the royal interest to protect the Jewish holding of a<br />

“baronial state, claiming for themselves wardships, escheats,<br />

and advowsons,” as did Henry III. Even the antagonistic Edward<br />

I had to allow Jews to acquire feudal possessions if their<br />

noble owners defaulted on the payment of their debts. But the<br />

antagonisms aroused in such cases contributed to the baronial<br />

revolt against the crown in 1264–66. The barons argued<br />

that the kings selfishly promoted feudal acquisitions by Jews<br />

because through the royal overlordship over Jews noble property<br />

was thus indirectly transferred to the royal domain. Ultimately,<br />

beginning in 1269, the kings themselves had to oblige<br />

Jewish creditors to dispose of such foreclosed estates to Christian<br />

owners within a year. <strong>In</strong> short, feudalism and Jewish landholdings<br />

appeared incompatible in the long run and it was the<br />

weaker Jewish side which had to yield ground.<br />

On the other hand, unlike under Islam, Jewish landowners<br />

were not subjected to a special land tax. “<strong>In</strong> our entire<br />

realm,” declared *Meir b. Baruch of Rothenburg, “[Jews] pay<br />

not tax on land. Sometimes capitalists have tried to change<br />

economic history<br />

this system, but when the matter was brought before us, we<br />

disallowed it” (Responsa (Prague, 1607), 50c no. 452). <strong>In</strong> other<br />

areas, however, the general land taxes became so burdensome<br />

that the Barcelona rabbi Solomon b. Abraham *Adret complained<br />

that “frequently the very best fields yield insufficient<br />

harvests to pay the royal taxes” (Responsa, 3 (Leghorn, 1778),<br />

no. 148). More universal and irksome was the ecclesiastical<br />

drive to force the Jews to pay tithes on property they acquired<br />

from Christian owners, lest the parish priests or monasteries<br />

lose the income from such lands. Finally, the Fourth Lateran<br />

*Council of 1215 insisted that these contributions be universally<br />

collected from Jews, riding roughshod over the religious<br />

scruples of some Jewish pietists who saw in such payments<br />

subsidies for the erection of churches and monasteries devoted<br />

to the worship of another faith.<br />

Employment of Christian agricultural workers by Jews<br />

became another important issue, anti-Jewish agitators of all<br />

kinds clamoring that Jews be forced to cultivate the land with<br />

their own hands. The nobles, on the other hand, even in Mediterranean<br />

countries, often tried to eliminate Jewish landholdings<br />

altogether. Such a proposal was advanced, for instance,<br />

by the Castilian Cortes in 1329. These opponents readily overlooked<br />

the early medieval Jewish pioneering contributions<br />

to European agriculture. Coming from the more advanced<br />

Eastern countries, Jewish groups settling in the West are often<br />

still remembered in such names as Terra Hebraeaorum,<br />

Judendorf, Żydaczów, and the like. Even a Spanish name like<br />

Aliud is probably a derivative of Al-Yahud. As late as 1138 three<br />

Jews of Arles bought from Abbot Pontius of Montmajour the<br />

entire output of kermes of the district of Miramar, thus stimulating<br />

the farmers to produce that dyestuff. They were also<br />

very active in introducing the silkworm into Sicily and other<br />

Mediterranean countries.<br />

Yet it was only the opposition of the crown which prevented<br />

general prohibitions of Jewish land ownership. Wherever<br />

such were enacted, they usually bore a local character<br />

and even these were not always fully implemented. Even<br />

in fervently anti-Jewish Germany after the *Black Death of<br />

1348–49, the assertion of the author of the Rechtsbuch nach<br />

Distinctionen (iii. 17, 1) that “Jews are not allowed to own real<br />

property in this country” was a clear exaggeration. <strong>In</strong> the<br />

Mediterranean lands, especially, Jews continued to own and<br />

cultivate landed properties; this they did to the very end of<br />

their sojourn in Spain, Portugal, Provence, Sicily, and Naples.<br />

Their endeavors were particularly flourishing in those areas<br />

where extensive orchards and vineyards, located in the neighborhood<br />

of towns, enabled them to combine fruit production<br />

with other occupations. Queen Maria of Aragon was not<br />

wrong when in 1436 she upheld the right of *Huesca Jewry to<br />

dispose of the grain and wines produced on its property, “since<br />

the Jews of the said city for the most part live as workers and<br />

cultivators of fields and vineyards and derive a living from the<br />

latter’s produce” (Baer, Urkunden, 1 (1929), pt. 1, 858f. no. 535).<br />

The city council of Haro (Faro), close to the Navarrese border,<br />

complained that Jewish and Muslim landowners in the district<br />

ENCYCLOPAEDIA <strong>JUDAICA</strong>, Second Edition, Volume 6 109

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!