Genocide Project

The document you have provided is a collection of academic essays titled “Religious Minorities in Christian, Jewish and Muslim Law (5th – 15th Centuries)”, edited by Nora Berend, Youna Hameau-Masset, Capucine Nemo-Pekelman, and John Tolan.

This book is the culmination of the research project RELMIN: The Legal Status of Religious Minorities in the Euro-Mediterranean World (5th–15th centuries), and it explores the topic of religious coexistence and its problems through a comparative perspective. The essays focus on the legal status and legal treatment of religious minorities, including Jews and Muslims in Christendom, and dhimmis (Jews and Christians) in Islamic lands.

Here is an outline of the book’s contents:

Part I: The Juridical Framework for Multiconfessional Societies in the Middle Ages

This section establishes the legal systems of the Middle Ages, emphasizing the role of authoritative texts (Torah, Qur’an, papal decretals, Roman law) and their interpretation by legal scholars.

• Talya Fishman, The Relative Authorities of Text and Tradition in Medieval Jewish Jurisprudence: Geonic Exceptionalism in its Islamic Context: Examines the tension between written legal texts (Torah) and accepted tradition (halakha), focusing on the debates of Babylonian Geonim (post-Talmudic academy leaders).
• Anver M. Emon, The Legal Regulation of Minorities in Pre-modern Islamic Law: Deconstructs the concept of dhimma (contract of protection) as a politico-legal tool for both inclusion and marginalization, using examples like the consumption of alcohol and pork by non-Muslims.
• Ken Pennington, Western Legal Collections in the Twelfth and Thirteenth Centuries: Discusses the emergence of law as an academic discipline in the Latin West through the renewed study of Roman law (Justinian’s Corpus Iuris Civilis) and the codification of Canon Law (Gratian’s Decretum).
• Jonathan Brown, Scripture, Legal Interpretation and Social Praxis in the Islamic Tradition: The Cases of Polygamy and Slavery: Analyzes how Islamic scholars reconciled authoritative texts (Qur’an and Hadith) on polygamy and slavery with societal realities.

Part II: Comparative Studies

This major section consists of seventeen comparative studies organized into three thematic sections.

Section 1: Rights of Residence

This section focuses on the legal right of religious minorities to reside in Christian and Muslim polities, examining the concepts of citizenship and segregation.

• Ahmed Oulddali, Les conditions de la résidence du dhimmī: Entre règles absolues et relatives: Classifies the binding and non-binding conditions of dhimma contracts, noting that the rules were often circumstantial and influenced by negotiations.
• Farid Bouchiba, Les dhimmī-s et leurs lieux de culte en occident musulman: églises et synagogues en droit musulman (point de vue mālikite): Discusses the permanent status, destruction, and restoration of churches and synagogues in the Muslim West, primarily using the Mālikī legal tradition.
• Géraldine Jenvrin, La ğizya dans la « loi divine » selon le commentaire coranique d’al-Qurțubī (m. 671/1272): Explores the juridical and eschatological meanings of the jizya (poll tax) as a punishment for a “crime against God”.
• Anna Matheson, Muslims, Jews, and the Question of Municipal Membership in Twelfth- to Fifteenth-Century Portugal: Analyzes the possibility for Jews and free Muslims to acquire vizinhança (municipal membership) and its resulting fiscal privileges, such as exemption from portagens (tolls).
• Nadezda Koryakina, Jewish Citizens versus Jewish Foreigners: The Legal Status of a Minority within the Minority in Medieval Catalonia: Discusses the distinction in Catalan Jewish communities between native Jews (bnei ha-ir) and foreign Jews (francos) and the resulting tax obligations.
• Marisa Bueno Sánchez, Les murs de la foi: les frontières identitaires dans les quartiers musulmans et juifs de la Castille médiévale: Traces the evolution of residential segregation (apartamientos) in Castilian cities, from voluntary self-segregation by Jews (e.g., in “castles of Jews”) to forced, state-imposed enclosure by the late 15th century.

Section 2: Distinguishing Minorities: Segregation, Violence, Protection

This section examines how authorities created legal and physical boundaries, and the ways in which minorities dealt with violence and persecution.

• Paola Tartakoff, Segregatory Legislation and Jewish Religious Influence on Christians in the Thirteenth Century: Argues that laws mandating Jewish segregation reflected real Christian anxieties about Jewish religious influence (including conversion to Judaism) and sexual mingling, challenging the view that these concerns were merely rhetorical.
• Jessie Sherwood, Legal Responses to Crusade Violence against Jews: Examines the tension between legal principles that prohibited coerced baptism and the reality of violence, particularly following the First Crusade in 1096.
• Elisheva Baumgarten, Minority Dress Codes and the Law: A Jewish-Christian Comparison: Compares the compulsory segregationist clothing laws enacted by Christian authorities (e.g., the Fourth Lateran Council’s distinctive dress code) with Jewish communal ordinances (takkanot) on avoiding “gentile clothing” to maintain communal boundaries.
• Francois Soyer, Prohibiting Sexual Relations across Religious Boundaries in Fifteenth-Century Portugal: Severity and Pragmatism in Legal Theory and Practice: Contrasts the severe normative laws (including the death penalty) for interfaith sexual relations in Portugal with evidence from the royal appellate court, which shows fines and pardons were often implemented instead.
• Clara Maillard, Protection des chrétiens en terre d’Islam et discussion entre papes et souverains musulmans : le cas singulier des mercenaires du Maroc: Focuses on the role of papal correspondence with Almohad rulers in the 13th century, which sought protection for Christian mercenaries serving the Muslim sovereign in Morocco.

Section 3: Tribunals and Trials

This section addresses judicial access, autonomy, and procedures for religious minorities.

• Uriel Simonsohn, Muslim Involvement in Non-Muslim Political Affairs in the early Islamic Period: Discusses cases of Muslim authorities intervening in the communal and political affairs of Christian and Jewish leaders, often concerning appointments and internal disputes.
• Martha Keil, Jewish Business Contracts from Late Medieval Austria as Crossroads of Law and Business Practice: Analyzes Hebrew contracts to show how Jewish law (halakha) and business traditions interacted with Christian legal and commercial practices in late medieval Austria.
• Adam M. Bishop, The Treatment of Minorities in the Legal System of the Kingdom of Jerusalem: Examines how the laws of the Latin Kingdom of Jerusalem and Cyprus addressed religious minorities, including the hierarchy of acceptable religious testimony and the legal position of Muslim slaves.
• Aleida Paudice, The Women of the Trent Trial (1475-1478): Analyzes the records of the notorious Trent ritual murder trial, focusing on how Jewish women, as a “minority within a minority,” were persecuted and interrogated to confirm anti-Jewish narratives.
• Delfina Serrano, La yaġuz li-ḥukm al-muslimīn an yaḥkum bayna-humā: Ibn Rushd al-Jadd (Cordoba, d. 1126 CE) and the Restriction on Dhimmīs Shopping for Islamic Judicial Forums in al-Andalus: Explores the theological debates in al-Andalus over “forum shopping,” or the voluntary recourse of dhimmis to Muslim courts to resolve their disputes.
• Judith Olszowy-Schlanger, Hebrew Documents and Justice: Forged Quitclaims from Medieval England: Provides a diplomatic analysis of fraudulent Hebrew deeds used in English Crown courts, illustrating the forensic practices used to verify documents in legal disputes between Christians and Jews.