DHIMMI FOUNDATIONS

DONATIONS FOR (638-1099) BY MOSHE GIL

AND JERUSALEM

(Tel Aviv University) Endowments Jerusalem Byzantine ing have and been donations a well for the established Extensive around The churches Christian building to and monasteries traditions went a of since on dur-

rule over the city. especially attributed.

generations, was significance gold, whose sanctuaries.

purpose

to the good order Church of the Holy Sepulchre. Various monasteries owned property in Jerusalem around and hospices for pilgrims the Tower of David, were erected there 1 ) . Muslim towards tradition has preserved the main outline of the attitude in these church and foundations. It is contained properties the very concise statement found in ?Umar's with the Church treaty of that would and Christian the the churches population city, saying and that nothing from them or be protected would be confiscated their properties (min bayyizih) 2) , As the Muslim towards Dhlmmfs evolved and stabilizlegal attitude of opposition to recognizing ed, a certain amount developed zvaqfs for not if the waqf was made for the poor3). places of worship, though However, one of the main early manuals of Muslim law regarding from

Justinian and management

was to build, had to enact

places Holy Land attracted and embellish improve,

activity which

religious a stream of the various to assure the

special legislation of the endowments belonging

157 zvaqf contains for Jerusalem: a statement of full legal of donations made

recognition

"If a Christian makes his land or his house waqf and prescribes that or to buy oil for its lamps their revenue be spent for repairs in Jerusalem ... also, Jews have in this or any (other) of its needs" (it is permitted) respect the same rights as the Christians". The included letter administration among (tadbir) of the is explicitly zvaqf foundations in the of the Nestorian Katholikos

the prerogatives of appointment issued to ?Abdishu? be remembered that Jerusalem (638-1099) There was of course and officials,

It should occupation and Jews. scholars Christian

by the 'Abbdsid caliph4). the early period of Muslim during was inhabited mainly by Christians in the main layer of Muslims, the area of the sakhra, but the The south of the was obvious. quarter presence after in rule who

a thin

predominance their own inhabited was city by Jews, who established to renew their been permitted by ?Umar having Jerusalem. (135-638) The Jewish visited Cairo Geniza, During they had over been

living around in Jerusalem

scholar

and Byzantine 500 years of Roman to enter the city5). forbidden b. Isaac al-Andalusi, of Spain, Samuel in a letter influence

Jerusalem

as a pilgrim in ca. 1010, and the strength mentions wealth of the

in the preserved of the Jerusalem

Christians6). The main

in was invested Christians Jerusalem was of course of which the most important and monasteries, churches are Muslim sources of the period of the Resurrection. the Church well most aware of this. important the especially of the Christian Churches and the majority ones are in Jerusalem, citing says al-Mas?udi, have a of We description Jerusalem's qumamal). The

158 churches conquest Nea the and monasteries some after the generations Another church important built two Muslim was the

on the orders of Justiand the Frankish Bernard, (ca. 725), nian8). (ca. 720), monk (ca. 870) repeat in the main the same details as Arculf9). The of the churches were under the jurisdiction of the great majority of who to the main stream of the patriarch Jerusalem, belonged Beda Willibald Christian Monophysites church; but there were also churches and of Nestorians, An A.D. Georgians, of Jerusalem sanctuaries Armenians10). written about 1,000

in the report of Arculf. new Church of St. Mary"),

description anonymous some 30 of them, in which a total of ca. 810 mentions of God were engaged in ritual activitiesll). The church of the Monophysites (Copts) in Jerusalem Sawirus

servants

was founded

Ibn Muqaffac as a donation. has this to tell about this event, which occurred around notable of Egypt, 820: To a certain Christian al-Nabrawi al-Arkhun Macarius was born a child who (the archon), died a few days after his birth; the patriarch managed (of Alexandria) to bring him back to life by his prayers. Macarius then built a church in Jerusalem, of the Orthodox which became the refuge (i.e., Monophysite) Magdalene12) . Christians, and is known as St. Mary the

159 in dealing with the donations and endowments new prayer houses were a problem. made by Charlemagne, As is well Muslim law prohibits the erection of Dhimmi known, prayer houses, these which existed before the and there is tolerating only conquest, As we shall observe a question about the right of non-Muslims to effect needed then, there were facts of life conrepairs in prayer houses. Apparently nected with the special position of Jerusalem and more than once with international which led to such deviations from politics, significant in the opposite direcvery sharp deviations tion as well namely, acts of destruction of sanctuaries, which occurred in the under discussion. These acts of repeatedly period repeated of churches destruction and their estates served as an incentive to fund world. Sometimes make Muslim rulers would use of the materials, Muslim shrines. building recorded pillars friend vinced pillars in 691; the caliph of the Gethsemane and in Churches destroy of course the monumental Jerusalem decided the mosque such to take order to in is His raising and donations in the various parts of the Christian the accepted Of course, norms. there were even

mainly As regards 'Abd Church

parts, an event the marble

al-Malik for

in Mecca.

ibn Mansur, logothetes Sergius Theophanes him to abandon this intention and instead the emperor Justinian (II, ca. 725, Willibald witnessed church sum was (probably of money the

tells us, conto obtain such

from

pilgrimage, Christian unless Palestine Christian

his During Rhinotmetus)13). the Muslims the threatening with destruction, Resurrection) The ?Abbasid

a large

of conquest the of the plunder apparently accompanied by (751) In 755 the new rulers decreed a rise in the holy placesls).

was paid14),

160 made priests, previously poll-tax exempt, paid by Christians, subject to the tax as well; the precious to the churches were objects donated on sale of confiscated and put the intermediary through Jewsls). heavy losses incurred by the Christian the second half of the eighth century a stream of holy places during and donations flowed from the Christian contributions lands, parfrom the Franks. The donations of to be ticularly Charlemagne, Probably discussed The below, next three and around Acts seem to have been either. the Church were the climax Such carried centuries confiscation 810, of oppression when of Muslim of this process. rule were not devoid of acts of acts out of destruction until around are 815. of the Resurrection was also as a result of these

destruction reported damaged.

fines were imposed on the remaining churches and Michael Heavy to ask for help. Many the synkellos was sent to Rome by the patriarch monks found refuge in Cyprus and money was collected to aid the Constantinople The Church Palm refugees"). of the Resurrection of that and was burnt again attacked with the in 937, on

Sunday Churches Church 18), Six years Resurrection later were

year, together Golgotha in were destroyed again 96019). of St. Constantine and the Church of the the Church plundered. The latter was set on fire and its dome most the VII, died in that fire2). The took place under al-Hakim;

The patriarch, collapsed. John famous destruction of churches

161 Church according of the Resurrection on 28 September was destroyed 1009 or, to some, even earlier, in 100821). Under al-Hakim's son, the churches the Church of Zion, particularly of Jerusalem,

al-Zahir, were threatened

with destruction, so that their stones could be used to of rebuild the city wa1l22). In 1056 there are reports of the confiscation all the belongings of the Church of the Resurrection by order of the in retaliation caliph al-Mustansir, for the Fatimid was substituted Immense treasures were found for the fact that in the in mosque and taken the 'Abbasid da'wa of of Constantinople. from the church

Jerusalem 23). These relatively

of destruction waves most probably frequent motivation for and donaprovided compelling emergency appeals tions. Before into detail on these, as far as contemporary going it is necessary to review sources sources the permit, testifying reconstruction and were over. times which usually came after the repair operations On these we are not as well informed as on acts

bad

of destruction.

there is a report on the reconstruction of the However, of the Holy Sepulchre in ca. 820. As the situation dome at the Church in Jerusalem became very precarious and the city was almost entirely abandoned the the Thomas obtained 50 cedar Muslims, by patriarch and pine trunks with which the dome was reconstructed. The a man should was supplied of an Egyptian, Bakkam, by a donation was who rich. He insisted that no Bura, very money from anyone else. When the 'Abbasid money of Bayt be taken

b. Tahir, arrived commander, 'Ubaydallah from Egypt on his way back to Baghdad were complaints (827), him the of that before Muslims who insisted brought by Jerusalem, the Christians the former had one, violated as big the law by building a dome bigger than as the one of the Dome of the Rock.

162 initiated an inquiry into the matter, to have 'Ubaydallah threatening Thomas the patriarch For a flogged if the accusation proved correct. bribe of 1000 dinars and the promise of a pension to himself and to his heirs Muslim dome similar to that proposed was only repaired, not enlarged, and that anyone the claiming to would have that the former dome was The smaller. contrary prove scheme succeeded and the family of that Muslim received the pension until the only remaining heir was a girl24). A letter written in 881 by and "nobles bishops, princes, a Christian became the governor rebuilding church estates tions25). In 966, Kafur, the that tinople better than and the of the churches. were the mortgaged, Church of Jerusalem, to all Elias, patriarch of the Gallic kingdom", that mentions and ordered the province to obtain the necessary funds all even vineyards and olive plantaResurrection to the was burnt down, in Constanbe even of the enjoyed by the beadles a scheme to the patriarch. of the church, a certain He was to assert that the

In order

after ruler

of the sent him

of Egypt, he would allow

word

to rebuild

emperor it so that it would

previously26). seems episode

offensive Byzantine The reconstruction Hakim was

No agreement seems to have been reached to have been somehow connected with the launched the Muslims in against Syria. of the churches after their destruction under al-

started the reign of his son, alonly during apparently it was made possible aid from Constanconsiderable Zahir; through and under in al-Mustansir, 1048, some 40 years tinople, completed IX after the destruction. mention is made of Constantine Special Monomachus the patriarch Constantinople, (emperor Nicephorus. headed from to the appeal of responded sent a special delegation to The patriarch Ioannes a native of ConstanCarianitis, by 1042) who

163 who had become a monk In fact, it seems that in Jerusalem2'). in the churches 1020, by al-Hakim again also decided a few years later, that all consecrated to the

tinople

security was already assured IX Constantine himself28). taxes and debts to the of a wall building understandable that

of the city29), It is imof population Jerusalem, acts of oppression and plunder, was not able poverished by frequent of the churches cost of the maintenance by itself to meet the enormous the Christian and those let alone the reconstruction monasteries, waves of destruction described above. which and apparently farm land, included suffice both for that works Nor urban undertaken after of the did the estates

in Cyprus be treasury around the Christian quarter

churches, tenements

and rural buildings Another burden purpose.

who were mainly poor, or who had been plundered was the pilgrims, en route and arrived in the city totally penniless. In addition, every had to dinar of to the one 4.2 Muslim pilgrim pay gr. (ca. gold) to enter the city3). It was only natural authorities for permission of reconstruction then, that big operations required special and consecrations, like that of the emperor Constantine tioned above. Such aid arrived not only from the Byzantine but also from the Europe; Hungary There beginning also31). is ample west, with evidence from the and Rome, l lth century aid from from such various aid donations IX men-

emperor,

of parts arrived from

of much

the Frankish

Kingdom,

164 of course in this for the Latin matter relate is made institutions to the donations of big sums of monasteries and Most pilgrims. and foundations donated of of

designated the sources

Charlemagne. and the him, legends every have

Mention him

reconstruction

holy place of Charlemagne, property places the personal be merely his agent in regard to them. mentions the Frankish Bernard, monk,

the pilgrimage making there with gold. The

help. to Jerusalem, and adorning caliph even made these holy and declared I the himself

of money with his

by Later

to

for pilgrims hospice erected of St. Mary and its also, the Church by Charlemagne; and a planta12 lodging houses, besides, fields, vineyards, library; in all of the them foundations established tion, Valley of Joshaphat, by Charlemagne. was also believed A donation evidence is that In addition, the monastery on the Mount to have been founded by him32). of the Sepulchre of which to the Church of Olives we have

of Hugo of Tuscany and Julitta (should be: Juditha), in the village of who on 29 October 993 donated a rural property 24 houses and other property33). Arisa, including In 1002 king of Hungary founded a monastery in Stephen Jerusalem, to provide intended for the care of the Latin consisting for its maintenance, pilgrims. of farm land A foundation and vineyards

was established 34).

165 Another act of donation in 1053; Odilus, son of Rudolf, de of Rouergue), while on a pilgrimage, was inspired one tenth of his properties to the Church of the occurred

comitatu Rudense (= by God to donate Holy

for the blessing of his soul and those of his wife Sepulchre, his father Rudolf, Cecilia, etc.35). A short time before the crusades, in 1083-1085, some of the in southern France established foundations Albigeois people (Tarn), ad honorem et pauperibus hospitalis lerosolimitani. These donations were the intermediary of Anselinus, the overseer of the through and the bishop of Albi, hospice of Jerusalem, Aldegarius3s). A very special chapter in these activities is the role played by the The merchants Amalfians. of this southern Italian city had good relations in the with the Fdtimid due to their intensive involvement authorities, trade with Egypt. Somewhere in the second half of the llth caliph Church called gave them permission of the Resurrection. Sancta and Maria an oratorium a to erect This dedicated a monastery they did, and in the made

the century, front of the monastery hospices John

was

de Latina.

for pilgrims,

Eleymon ("the of Alexandria patriarch

generous"), (and died

Cypriot on 23 January

They also founded to the memory of who had become 616)37).

166 After Muslim to live in Jerusalem shortly maintained themselves there all over after the

being

again

mainly the Unforby Jews Diaspora. through the period on this aid antedating we have no sources tunately, of covered i.e., before the beginning by the Cairo Geniza documents to the middle of the with one exception, the 11 th century, belonging conquest, the aid sent to them 9th century. ty of Oria in southern Jerusalem 100 dinars who mourn three "for a prominent member Italy, is said to have of the Jewish communimade the pilgrimage to

permitted the Jews

with him "the vows", times; each time he brought of the Torah and for those the sake of the students

the end of the over the palace of His splendor. " Towards of that family, Samuel, consecrated descendant 10th century another to (burthe poor, the scholars ... teachers, cantors, 20,000 dinars "to ning) oil for the sanctuary time in the 10th inside the Western an event Wall ... to the yeshiva, for etc."38). Some

century

the from life in Jerusalem occurred, Jewish known the to Jerusalem. The Palestinian Tiberias during yeshiva, was ancient period as the sanhedrin (from Greek synhedrion, council), authoritative considered still, in the medieval by a great part period, in the areas in the main the communities of the Jewish diaspora, to the Byzantine empire. formerly belonging and and Egypt, besides Palestine This itself, Syria comprised of North-Africa and Spain. Those some of the communities probably of southern under Byzantine rule, inclusive Italy, also conremaining There the supremacy of the Palestinian tinued to recognize yeshiva. the yeshivot of Babylonia, between was also continuous competition to flourish under Muslim which continued rule, and that of Palestine, influence regarding The the Diaspora. distress, Economic the best conditions all over in the various communities and authority of serious of Palestine survived periods yeshiva known of which are those of the 11 th century. in Jerusalem were rather harsh, and the yeshiva

of great importance transfer of the yeshiva

167 for aid. Besides, acts there were frequent urgent appeals authorities. often on the part of the Muslim Very the were which taxes imposed, already special heavy aggravated of both the and the situation of yeshiva precarious Jewish population It must be remembered that taxation in Jerusalem was Jerusalem39). often issued of oppression different from that probably there world. It seems that Jews for the whole Jewish population When the upheavals, In such situations heavy arrived, interest, population the burden found in other parts of the Muslim had to pay a comprehensive lump sum of its numbers. of the city, regardless as a result of wars and Bedouin decreased individual became .

Jewish to accumulate was not in a position the funds it had to return. yeshiva In some cases people were actually incarcerated and it took a great for their release 41 ). An deal of effort to collect the funds necessary the letter the son and main assistant is written example by Abraham, of Solomon b. Yehuda, a family of parnasim send the aid in time In such and of the yeshiva, of Fustat, asking them head

heavier4). the yeshiva was forced to borrow money, against from wealthy Muslims. When the time of repayment of being imprisoned, as the notables were in danger

on each

to the sons of Mevasser, to to keep their promise

to pay the kharaj42). cases special envoys were sent from Jerusalem, to request needed the collection of help and to organize urgently a letter, written around funds. Thus, for instance, 1055 by the scribe similar of the yeshiva under Daniel b. cazarya, an envoy, the parnas of the community b. Ezekiel; thanks are sent to the leader mentions the success of such of Jerusalem, Eli ha-Kohen of the community in Fustat,

168 for "the deed he accomplished for our sake and for the sake righteous of the elders of Jerusalem, of the letter (of the yeshiva, the reading in and the appeal made by public), It goes without was saying that contributing money to Jerusalem considered brought of holy tithe, to the offerings once equivalent to the Temple. From this point of view, they resembled and were of special value in assuring one's share in the world Thus, Jerusalem was a certain the object of pious vows. In b. Harun of Sahrajt Hayyim to Jerusalem if anyone could confirm often a kind

charity, to come"). one

instance, interesting to donate ten dinars promised that he had married a woman marry now). arose of how

(besides the one he wished to As the accusation him was proven, against problems the payment should be carried out45).

in Fustat

An important source of revenue for the yeshiva of Jerusalem were of animals. As several the taxes on the shehita, the ritual slaughter Geniza documents the received one half of this show, yeshiva usually revenue46) .

169 the main source of aid for Jerusalem were the foundaHowever, with the special of supplying tions established such aid. purpose There was a whole compound in Fustat which had been donated to alms for the poor of Jerusalem4'). provide In around of how money from vows and 1020 we have information from foundations revenue used to be transferred to Jerusalem. This the intermediary of the Jewish was done through merchants engaged in the chants tions Mediterranean of that about to one of the prominent merb. b. contains instruc'Awkal, period, Joseph Jacob such transfers, other commercial and financial among and instructions48). b. Nissim al-'Abid wrote to Ism-a'-il b. Barhun alin 64 the sale of 22 %2 ratls of silk, which brought 58 dinars were to be deducted for mathibat ai-sham" trade. A letter

information Moses Tahirti dinars, "of

b. Isaac concerning which

of Jerusalem; ca. 1050)49). (the yeshiva Another instance is a letter from the yeshiva, from probably to the leader of the Palestinian in Fustat, community enquiring the transfer

1025, about

of the money from the revenue of the foundation for the that the money be sent via ` `one of and requesting poor of Jerusalem, the righteous to one of such mertrustees", probably referring chants50). cheques Money of those was generally times, Hebrew sent by means of payment diyoqne, Arabic suftaja. orders, the

170 In one of his letters, yeshiva such a diyoqne which apparently send about; another the one money for it; the receiver head Solomon b. Yehuda deals with

to was lost. He asks his correspondent and assures him that there is nothing to worry will not be cashed in twice, he himself being will sign in person legacies upon receipt of the of b.

responsible

money (1029)51). There are also data Jerusalem. Solomon the leader

on direct b. Yehuda of the

for the Jewish thanks expresses

population to Sahlan

Abraham, diyoqne of ten dinars

community Babylonian The that was sent to Jerusalem.

to the parnasim in charge of Jerusalem's poor. a Spaniard, Abraham b. Nahum al-Andalusi. b. Ezekiel, dated A letter from Eli ha-Kohen mentions a legacy, of the late the two the same Ben Kuraish Jerusalem, already (quite a sum!), between the ta'ifatayn, and the Karaites. In has reached

in Fustat, for a money was given It was part of a legacy of 14 April 1059, also part of it, 80 dinars and that is to be divided that he is the Rabbanites complains houses", al-dur, the the" gate of the of the

(?);

communities, letter the writer

from "the to Fustat about the revenue keeps writing no answer52). but has received donations used to be made for "the cave" Special synagogue priest", Mount. of Jerusalem, in the western Such contributions the synagogue which wall was located beneath

1035) when wall53).

Temple (the "Wailing Wall") at a time are mentioned mainly (around the was seriously damaged by collapse of a

171 was raising for the sake of Jerusalem of the names of the donors and fund-raisers the proclamation during on the Mount of Olives on the day of hoshac-n rabba; the assembly that was the time when Jerusalem and the menwas full of pilgrims A very special reward tion of one's name by the head that of the yeshiva the information almost cities letters. during we have his sermon was the highest It should concerns the about 1025, Joseph, Jerusalem Geniza that similar honor54). also be added was found. obtained found for fund

in the Geniza where that a of b.

in the main situation is even written

the foundations It is however in other in the of the

and donations as well.

of Fustat, self-understood Some

information in a letter ha-Kohen

Geniza

by the head we find a statement used

sisting Also mentioned Tyres6). It is with

of stores

saying to be covered, in earlier in Ramla 51). is aid from Sicily,

yeshiva, that the tax due times, Syria,

Thus, Solomon

the Jews of conby a foundation and from the city of gathered

from

from

the aid of these

considerable

amounts

and revenue from foundations, by donations to maintain and their themselves managed Whereas in regard to the Christians,

and Jews in Jerusalem. the aid was the expression of the institutions

of money, that Christians

172 and wealth of the Christian the unique for the the aid provided countries, of their life and strength community

power Jews

expressed

organization. Bibliography and abbreviations

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