History of the Jews in Russia and Poland, Volume 1 [of 3]: From the Beginning until the Death of Alexander I (1825)Dubnow, Simon
History
History of the Jews in Russia and Poland, Volume 1 [of 3]: From the Beginning until the Death of Alexander I (1825)
Dubnow, Simon
Jews -- Poland -- History; Jews -- Russia -- History; Poland -- History; Russia -- History
The limits of Jewish communal autonomy were not precisely laid down by
the law of the state. They were enlarged or contracted in accordance
with the will of the provincial administration, the voyevodas and
starostas,[171] and the agreements between these officials and the
Kahals concerning their respective spheres of influence. The model of a
free communal constitution may be found in the statute granted by the
Voyevoda of Red Russia (Galicia) in 1692 to the central Kahal of
Lemberg. This statute authorizes the Jewish community to hold periodic
elections, to choose its elders "in accordance with its customs and
rights," without the slightest interference on the part of the local
administration. The chosen elders are recognized as the lawful officials
and judges of their coreligionists in a given locality. Disputes and
litigation between Jew and Jew are in the first instance to be settled
exclusively by the Kahal court (_beth-din_), consisting of rabbis and
elders, the latter acting as a jury. Cases between Jews and non-Jews as
well as appeals from the decisions of the Beth-Din are to be tried by
the voyevoda court and the special "Jewish judge" attached to it, the
latter being a Christian official especially appointed for such cases.
This judge is to be selected by the voyevoda from two candidates
nominated by the Jewish elders. His function is to settle disputes and
complaints "in a definite place near the synagogue" (in the "Kahal
chamber"), in the presence of the Kahal elders. In his verdicts the
"Jewish judge" is to be guided not only by the general laws of the
state, but also by the Jewish common law. The regular sessions of the
court are to take place twice a week. In special cases extra sessions
may be arranged for on any day with the exception of the Jewish
holidays. Subpoenas are issued through the synagogue beadle, or
_shamash_.[172] The protocols of the court are to be kept in the Kahal
chamber near the synagogue. The appeals from the judgments of this court
are to be submitted to the voyevoda himself.
The elections of the various grades of Kahal elders[173] were held, as
in former years, annually during the intermediate days of Passover. This
custom had legal sanction, and was enforced by the local authorities.
When, in 1719, the elders of the Kahal of Brest, prompted by personal
considerations, were, in spite of the approach of Passover, delaying the
holding of new elections, the Lithuanian hetman[174] sent an order from
Vilna branding the act of the Kahal of Brest as illegal, on the ground
that, "though obliged by law and custom to hold new elections of elders
every Passover, they have not done so, delaying the elections for their
own personal benefit."
Public-domain text, read in full here on John Shaqi.
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