History of the Jews in the Byzantine Empire

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Jews were numerous and had significant roles throughout the history of the Byzantine Empire.

Background and legal standing

After the decline of the Greek-speaking

pagans. They were placed in a legal position somewhere between the two worlds. The place along the spectrum of social freedom in which Byzantine Jews found themselves varied somewhat, though far from drastically, with time, and depended largely on three factors: the theological desire of the state to maintain Jews as a living testament to the victory of Christianity, the desire of the state to strengthen its control, and the ability of centralized rule from Constantinople to enforce its legislation.[citation needed
]

Foundations of the legal position of Jews: 330–404

In the

Since the year 390 nearly all of the territory of present-day Israel came under Byzantine suzerainty. The area was divided into the provinces of

Palestina Tertia. These provinces were part of the Diocese of the East.[4]

Theodosian Code: 404–527

In 404, Jews were excluded from certain governmental posts.[5] In 418, they were barred from the civil service, and from all military positions.[6] In 425, they were excluded from all remaining public offices, both civilian and military, a prohibition which Justinian I reiterated.[5] Such restrictions, however, inevitably compromised the theological arguments for restricting the Jewish religion. Although they empowered the Christian citizens of the empire at the expense of its Jews, all laws dealing with the Jews implicitly recognized the continued existence and legality of the Jewish religion.[7]

Thus Emperor Theodosius II found that he had to balance the first two of the three factors governing the treatment of Jews in the empire—theology, political pragmatism and enforceability. He could not, however, effectively control the third. In 438, Theodosius had to reaffirm the prohibition on Jews holding public office, because it had been poorly enforced.[8] Even in 527, a decree which renewed this prohibition began by observing that "heedless of the laws' command [they have] infiltrated public offices".[9]

There was one office, however, that Jews were not forbidden from assuming. This was the office of

Theodosian Code, permitted Jews, like other citizens, to hire a substitute to perform the duties of decurion in their place.[5] Justinian, whose legal code included 33 laws relating to the Jews,[10] initially maintained this ability, but it was abolished in 537.[5] Sharf explains that the purpose of this was so that the Jews "never enjoy the fruits of office, but only suffer its pains and penalties".[5]

In addition to the matter of holding public office, Jews were also unequal to Christians with respect to the ownership of

slaves. Restrictions on the ownership of Christian slaves by Jews were in place through the reign of many emperors, under the fear that Jews would use conversion of slaves as a means to increase their number. Additionally, this was designed to provide an incentive for non-Christian slaves to convert into Christianity, and an economic restriction on the Jews. Restrictions on slave-owning could not, however, be excessively burdensome, because slaves, although numerous, were between 10 and 15% of the population.[11] Under the Theodosian Code, therefore, ownership of Christian slaves by Jews was not prohibited, although their purchase was. Thus, one who gained possession of a slave by means such as inheritance would remain his or her owner. Purchase of slaves was usually penalized by compelled sale at the original purchase price.[12]

Slave ownership produces another example of the threefold balancing act of Legislation dealing with the Jewish minority of Byzantium: ownership of Christian slaves undermined the "living testament" theology, but was a pragmatic requirement of the time, and the prohibition thereof could not be entirely enforced, since freedom may not necessarily have been a desirable option for a slave who was well-treated by his masters.[13]

The third important restriction on Judaism—in addition to the limitations on public service and slave ownership—was that the Jewish religion, though allowed to survive, was not allowed to thrive. Theologically, the victory of Christianity could be successfully asserted by maintaining a small contingent of Jews within the empire, although allowing them to become too sizable a minority would threaten the theological monopoly of Orthodox Christianity within the Empire.[12]

One important ramification of this policy was the prohibition on the construction of new synagogues within the Empire, though the repair of old synagogues was permitted. This prohibition was difficult to enforce, as archaeological evidence in Israel indicates that illegal synagogue construction continued throughout the sixth century.[14] The synagogue did continue to be respected as an inviolable place of worship until the reign of Justinian.

Beginning at this time, most legislation regarding the Jews—even laws which expanded the rights which they were afforded—were "prefaced by unambiguous expressions of hatred and contempt for Judaism".[15]

Justinian Code: 527–565

The

Civil Code of Justinian tightened the regulations on the ownership of Christian slaves by non-Christians. It abolished compensation for illegal purchases of Christian slaves, and added a 30 lb gold fine for this offense. Jews owning Christian slaves during the time of Justinian could be punished by execution.[12]

In 545, Justinian legislated that the right of existence of any synagogue on land belonging to an ecclesiastical institution be nullified.[12] He was also the first emperor to order that existing synagogues be converted into churches. There is, however, only one example of such a conversion taking place by force: the synagogue in Borem. This synagogue was most likely converted for military reasons, in light of its strategic position on the frontier with the territory of the Berber tribes.[16] In fact, Justinian banned all non-Christian places of worship in northern Africa, in legislation that grouped Jews with pagans and heretics. This legislation was hardly enforced, but set a precedent for the violability of synagogues and the blurring of the difference between Jews and other non-Christians.[17] Once more, this represents the divergence between the Empire's theological objectives, its pragmatic goals and its capability to enforce its legislation. The poor efficacy of legislation points to the dominating power of the latter in restraining the two former factors, which, in this case, coincided.

The Jews also found that they were positioned in law somewhere between other non-Christians and the Christian majority. For instance, Justinian demanded that

court of law—a restriction already present in the Theodosian code—although Justinian eased this restriction in 537 to allow them to testify in cases between Christian individuals and the state. This privilege was not enjoyed by any other non-Christian group.[16]
Once more, the state sacrificed the doctrinal subordination of the Jews in order to gain practical benefits, in this case testimony against those who faced it in court.

Questions of internal Jewish discourse—which could, under the Theodosian Code, be arbitrated only by Jewish courts—could, under the

piyutim, important works of poetry which refer strongly to the Mishna. Because these were not banned by the Civil Code, they afforded Jews the ability to circumvent it. Accordingly, this form of religious expression flourished under Justinian.[20]

Punctuated tolerance, Jewish revolts, and the Crusades: 565–1204

Although the Justinian Code remained in force in the Eastern Empire until the ninth century,

John Tzimiskes, who reigned from 969 to 976. Accordingly, there were no recorded legal persecutions of the Jews for nearly two and a half centuries following his reign.[25]

In fact Samuel Krauss writes in his famous work on Byzantine Jewry that Constantinople at the time of the Byzantine Empire was "the center of the Jewish,

Eleazar ben Killir a Byzantine Jew from a Greek-speaking area wrote his famous piyutim, which are still in use in the most Machzorim and became the teacher of all paytanim who came after him.[26] Asaph the Jew wrote in Byzantium the first Hebrew medical treatise.[27]

The

Adrianople flourished and produced eminent personalities for the Karaite movement like Caleb Afendopolo, Elijah Bashyazi, Aaron ben Joseph of Constantinople, Aaron ben Elijah, Judah Hadassi and other.[37]

In the twelfth century, there were about 2,500 Jews in

Thessalonica. Halmyrus, Rhaedestus, Chios, and Rhodes each housed 400 Jews.[38] Also, there were about 300 Jews each in Corinth and Samos, and 200 Jews in Gallipoli.[39]

It was in the 12th century that the passing

Latin occupation would bring upon the Byzantine Christians. Although most crusading bands did not adopt a policy of violence or forced conversion against the Jews, the First Crusade certainly undertook an anti-Jewish face in certain communities. Because the Crusade was undertaken with the goal of "subjugating all non-believers to the faith," many crusaders compelled Jews to convert on pain of death, and there is a large number of recorded cases of mass suicides within Jewish communities—particularly among Jewish maidens—in order to avoid such conversions.[40]

Latin occupation: 1204–1261

The

Thessalonica, was known for his persecution of the Jews, which began in 1229, a year before the end of his reign.[25] Theodore's disdain for the Jews is well-established. Still, his waiting until 1229—five years after capturing Thessalonica and declaring himself emperor—indicates that antisemitism may not have been the cause of his anti-Jewish edicts. Rather, they appear to have been motivated by a desire to confiscate Jewish property at a time when his empire was short of funds. This explains the expropriations of Jewish property under Theodore, as well as his regime's abstention from religious persecution for its own sake.[41]

John Vatatzes, the emperor of Nicaea, commenced legal persecution of the Jews in 1253.[25] Unlike Theodore, Vatatzes ordered that the Jews within the Empire of Nicaea be converted to Christianity, though he did not order the expropriation of Jewish property.[42] Although these measures began only a year before Vatatzes' death, they seemed to have set a precedent of persecution which his son, Theodore II Laskaris, followed.[25]

It was in this environment of persecution that the Palaiologoi rose to the imperial throne. Michael VIII Palaiologos largely ended persecution of the Jews. Bowman writes the following:

Michael VIII summoned the Jewish leaders in his realm and invited them to support him as emperor. Thus Michael's first act toward the Jews […] was the revocation of John Vatatzes's order of forced baptism. At the same time, however, he made it clear to the Jews that he expected them to show their appreciation for his assistance.[42]

Michael's road to the throne had been of questionable legality, and that fact earned him many enemies. Additionally, he oversaw an empire which was strongly dependent on foreign powers, and had an immense need for gold to fund its great military expenses. It is not surprising, therefore, that he turned to the Jews and other minorities (most notably the Armenians) as a source of support in an embattled state of affairs, and when the ethnic majority and the mainstream elite had grown unfriendly toward him.[43]

A decaying empire: 1261–1453

Byzantine emperor, receives a delegation of Jewish rabbis
. Miniature from the 14th-century Alexander Romance

Hagarites and other such as these were permitted from of old to dwell in Christian countries and cities, except that they had to live separately and not together with the Christians".[45] In Constantinople, there was a Jewish quarter near the eponymous gate in the modern Yenikapı area.[46]

By the fourteenth century, the Jewish question of Byzantium seemed to be most concerned with Venetian Jews. Venetians had come to reside in the Empire in large numbers by the early 14th century, and treaties between the Empire and Venice granted the Venetians living in the empire, including Jews of Venetian origin, special privileges, though they also carried certain minor economic prohibitions. Under the aegis of these treaties, Venetian Jews could buy, sell or rent land anywhere in Constantinople. They also enjoyed a more favorable tax structure than Byzantine citizens, as well as the freedom of movement and settlement anywhere in the Empire.[47]

Further complicating this legal status, some Jews obtained Venetian citizenship either "by coming from areas subject to the Republic or by purchasing naturalization", thus obtaining the same privileges as Venetian nationals in the Empire.[48] At this time, the Empire was in rapid decay, and could not seriously enforce laws intended to curtail these rights and regain economic control within its borders. Thus, an exception to the general trend of Byzantine history emerged during this century, whereby Jews were entitled to a broader set of rights than Christians. However, it is important to note that these liberties were conferred based on their being Venetian, not based on their Jewish identity. Non-Venetian Jews did not profit from the Venetian-Byzantine treaties, and non-Jewish Venetians enjoyed the same liberties as their Jewish compatriots.

References

  1. ^ De Lange, N. R. M. "Greek Jewish Texts from the Cairo Genizah". 1996
  2. ^ Sharf, p. 20
  3. ^ Sharf, pp. 20-1
  4. ^ Lehmann, Clayton Miles (Summer 1998). "Palestine: History: 135–337: Syria Palaestina and the Tetrarchy". The On-line Encyclopedia of the Roman Provinces. University of South Dakota. Archived from the original on 2009-08-11. Retrieved 2014-08-24.
  5. ^ a b c d e Sharf, p. 21
  6. ^ Linder, p. 281
  7. ^ a b Brewer, p. 135
  8. ^ Brewer, p. 130
  9. ^ Linder, p. 360
  10. ^ a b Brewer, p. 127
  11. ^ Slavery in the Late Ancient World, pp. 55–60, Kyle Harper, 2011
  12. ^ a b c d Sharf, p. 22
  13. ^ Fieldman, p. 394
  14. ^ Gray, pp. 262-3
  15. ^ a b Sharf, p. 23
  16. ^ a b Brewer, p. 131
  17. ^ Sharf, p. 26
  18. ^ Brewer, pp. 132-3
  19. ^ Sharf, pp. 24-5
  20. ^ Weinberger, p. 143
  21. ^ Abrahamson et al. The Persian conquest of Jerusalem in 614 compared with Islamic conquest of 638.
  22. .
  23. ^ a b Bowman, p. 9
  24. ^ Starr, pp. 1-10
  25. ^ a b c d e Charnis, p. 75
  26. ^ Samuel Krauss (Studien zur byzantinisch-jüdischen Geschichte 1914 p. 99 et 127-129)
  27. ^ Holo, J. Byzantine Jewry in the Mediterranean Economy 2009, p. 174
  28. ^ Medieval Jewish Civilisation: An Encyclopedia, Norman Roth, 2014 p. 127.
  29. ^ Robert Bonfil, Jews in Byzantium: Dialectics of Minority and Majority Cultures, 2011, p. 122
  30. ^ Magdalino, P. and Mavroudi, M. "The Occult Sciences in Byzantium", p. 293, 2006
  31. ^ Kohen, E. "History of the Byzantine Jews: A Microcosmos in the Thousand Year Empire", p. 91, 2007
  32. ^ Dönitz, S. "Historiography among Byzantine Jews: The case of Sefer Yosippon",
  33. ^ Bowman, S. Jewish Responses to Byzantine Polemics from the Ninth through the Eleventh Centuries, 2010
  34. ^ Howell, H. and Rogers, Z. A Companion to Josephus, 2016
  35. ^ Bowman, S. "Jews of Byzantium", p. 153 Cf. Hebrew Studies by Yonah David, Shirei Zebadiah (Jerusalem 1972), Shirei Amitai (Jerusalem, 1975) and Shirei Elya bar Schemaya (New York and Jerusalem 1977); and the material in the Chronicle of Ahima'az.
  36. ^ Bremer, E. and Röhl, S. "Language of Religion, Language of the People: Medieval Judaism, Christianity, and Islam, 2006
  37. ^ Z. Ankori, Karaites in Byzantium (New York, 1959)
  38. ^ Treadgold, p. 701
  39. ^ Treadgold, p. 702
  40. ^ Chazan, pp. 10-1
  41. ^ Bowman, p. 14
  42. ^ a b Bowman, p. 18
  43. ^ Bowman, p. 19
  44. ^ Charnis, pp. 75-6
  45. ^ Charnis, pp. 76-7
  46. ^ Majeska 1984, pp. 267–268
  47. ^ Bowman, pp. 20-1
  48. ^ Bowman, p. 23

Further reading

External links