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
According to this charter, the Jews are entitled to elect, by general
agreement,[66] their own rabbis and "lawful judges" to take charge of
their spiritual and social affairs. The rabbis and judges, elected in
this manner, are authorized to expound all questions of the religious
ritual, to perform marriages and grant divorces, to execute the transfer
of property and other acts of a civil character, and to settle disputes
between Jews in accordance with the "Mosaic law" (_iuxta ritum et morem
legis illorum Mosaicae_) and the supplementary Jewish legislation. In
conjunction with the Kahal elders they are empowered to subject
offenders against the law to excommunication and other punishments, such
as the Jewish customs may prescribe. In case the person punished in this
manner does not recant within a month, the matter is to be brought to
the knowledge of the king, who may sentence the incorrigible malefactor
to death and confiscate his property. The local officers of the king are
enjoined to lend their assistance in carrying out the orders of the
rabbis and elders.
This enactment, coupled with a number of similar charters, which were
subsequently promulgated for various provinces of Poland, conferred upon
the elective representatives of the Jewish communities extensive
autonomy in economic and administrative as well as judicial affairs, at
the same time insuring its practical realization by placing at its
disposal the power of the royal administration.
The firm consolidation of the _régime_ of the self-governing community,
the _Kahal_, dates from that period. In this appellation two concepts
were merged: the "community," the aggregate of the local Jews, on the
one hand, and, on the other, the "communal administration," representing
the totality of all the Jewish institutions of a given locality,
including the rabbinate. The activity of the Kahals assumed particularly
large proportions beginning with the latter half of the sixteenth
century.
Public-domain text, read in full here on John Shaqi.
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