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Onur Yıldırım Seven Agir Gedik Whats in A Name
Onur Yıldırım Seven Agir Gedik Whats in A Name
The rules determining the ownership of capital assets are crucial to under-
standing the ways in which society distributes the returns to commercial
activity. In this chapter, we will explore how these rules were defined and
contested in late eighteenth-and early nineteenth-century Istanbul.
With this aim in mind, we intend to closely examine an eighteenth-
century institutional innovation, namely the gedik, a term whose dictionary
meaning is ‘gap, slot, or opening’. Given the multitude of meanings and
functions ascribed to this term, it is rather ambiguous and thus ‘a concept
too many’.1 Various authors have explored the eighteenth century emer-
gence and rise of gediks; but the implications of this process for investment
and growth in urban economic activity have remained mostly unchartered
territory. This chapter will suggest a preliminary framework for clarifying
the ambiguities inherent in this notion. At a more general level, under-
standing how the gedik as an institution emerged and evolved will allow us
to make sense of the overall transformation that the labouring populations
of the capital city experienced during Sultan Selim III’s (r. 1789–1807)
vigorous campaign of reform, during the 1790s and early 1800s.
It is worth stressing that scholars who have worked on the Ottoman
guilds of the eighteenth century have emphasized the emergence of
the ‘gedik’ as a legal concept with a multitude of meanings: thus gedik
referred to the right to own tangible capital goods necessary to practise a
trade or craft, to the exclusive right to work as a fully fledged member of
218 Seven Ağır and Onur Yıldırım
c ontracts and what these differences imply in terms of tenancy rights. The
most important difference originates from the fact that gedik owners had
more flexibility in the control and use of their usufruct rights; for towards
the late 1700s gedik owners were able to sell or rent their usufruct rights,
albeit with serious restrictions in specific sectors, which will be discussed
shortly. Put differently, there was an active secondary market in gediks. In
the following pages we will provide evidence for these arguments through
an analysis of both legal norms and actual practices.
Under the law, in icareteyn contracts the tenant was able to sell his
usufruct rights, but the payment exacted could not be higher than the
lump-sum amount originally paid to the vakıf.13 Judicial opinions and
court registers indicate that initially experts in the field determined this
amount, evaluating the cost of reconstructing a ruined building.14 In the
seventeenth century, for instance, there are various cases of icareteyn con-
tracts, in which tenants and vakıf administrators agreed that the former
would reconstruct a ruined vakıf property with their own funds,; and
then the cost of reconstruction as estimated by experts would constitute
the advance payment (icare-i muaccele) required for the initiation of a
double-rent contract. Also in some cases, tenants made repairs and the
amount they had spent was deducted from an advance payment payable
in the future.15 This deduction probably concerned the payment that
foundation administrators would once again charge at the renewal of
the contract; this observation also confirms the non-permanent nature
of icareteyn contracts. In cases in which the vakıf used its own resources
for the reconstruction of its property, administrators seem to have had
the right to increase the annual/monthly rent (müeccele) above the
amount specified in the icareteyn contract.16 There are, however, very
few examples of such increases in the primary documents studied to
date.
Although a narrow focus on legal sources might indicate that the cost
of repair or reconstruction determined advance payment, almost from the
start icareteyn tenants’ ability to transfer usufruct rights, and the limited
supply of available real estate, facilitated the emergence of a secondary
market, in which supply and demand established the prices of transferred
usufruct rights. Before explaining the logic of this argument, let us present
the historical evidence. As early as 1742, the tenancy rights of vakıf prop-
erties were sold at auction, a procedure signifying that the muaccele was
a source of revenue for the foundation’s budget (on conflicts between
shop-renting artisans and those plying their trades on the street, compare
Ch. 1 and 3).17 Although the initial justification for long-term or perma-
nent tenancy was the vakıf’s need for stable revenues, presumably higher
advance payments were being legitimized in a similar vein.
Gedik: What’s in a Name? 223
By the seventeenth century, the tenants, who held the usufruct rights
granted through icareteyn contracts were already able to sell their tenancy
rights. For instance, in 1612, one of the two owners of the usufruct rights
over a mill died and his daughter, as his sole heir, sold the rights at auction
to pay her father’s debts. In this case, the co-owner purchased these rights,
but the document emphasized that an auction had been held, supervised
by the trustee.18 In other words, the partner did not have any priority in
acquiring the assets.
The reasons for the emergence of a secondary market are quite
obvious. Firstly, there was demand for tenancy rights of this kind because
icareteyn contracts ensured that rent increases were highly improbable.
Secondly, and maybe more importantly in this earlier period, the transfer
of tenancy rights at free market prices enabled the tenants to pay their
debts to various creditors including the vakıf administrators, to whom
rent arrears could have been due. Although this was not the initial justi-
fication for icareteyn contracts, vakıfs in difficulty over uncollected rents
considered the reallocation of usufruct rights at auction as a remedy for
their financial troubles.19 Whether the vakıf could easily reclaim and resell
usufruct rights if the tenant did not pay his rent is not clear from the
documents. In other words, we do not know if the secondary market,
from the perspective of the vakıf, served as a safety net against tenant
defaults. Even in cases when the vakıf administrator was not able to evict
the defaulting tenant, as long as he/she could reclaim the usufruct rights,
the foundation could count on the help of the new tenant for evicting the
previous one. Unfortunately, we do not have many examples as to how
vakıfs dealt with defaulting tenants. Rents specified in icareteyn contracts
being lower-than-market, administrators may have found replacements
very quickly, so that no such disputes came up in court. If the tenant died
without heirs— – given epidemics and infant mortality, heirless prop-
erty was not rare20— – the vakıfs could also expect to profit from higher
market prices.
The secondary literature maintains that when a tenant acquired gedik
rights for a particular shop, he would make an advance lump-sum payment
and agree to defray a regular monthly or yearly rent, as was the rule in
all icareteyn contracts.21 We argue that this assumption was correct only
if the gedik rights had been acquired from the vakıf directly – in other
words, if the gedik owner was also the tenant of the icareteyn contract.
However this was not always the case, an issue overlooked in the second-
ary literature. Tenants of icareteyn contracts could profit from an increase
in market rents not only by selling their usufruct rights but also by sublet-
ting the premises for higher rents. Some shopkeepers active in the urban
market were therefore sub-tenants who could be charged more than the
224 Seven Ağır and Onur Yıldırım
vakıf and their acquisition did not entail an obvious cost, c omparable to
the advance payment in icareteyn contracts. Secondly, most gedik holders,
whether they held usufruct rights to a particular piece of real estate or
not, had some relationship to guilds. Hence, in various ways and degrees
– again depending on the sector – guilds became involved in the issuance
of gediks and their distribution.
We have suggested that there was a secondary market in gediks, espe-
cially those assigned to retail shops. Yet in many cases, the use and control
rights over gediks were restricted by the collective rights and obligations of
the relevant artisans or tradesmen. For instance, in sectors where quality
concerns were important, gedik owners or their heirs would not be able to
sell the gedik to people deemed unqualified by the guild. Such regulations
were most obvious with respect to gediks concerning the looms placed
in authorized urban weavers’ workshops. Although gediks connected to
looms changed hands frequently, it was mostly qualified journeymen and
masters who took part in these transactions.29 Furthermore, unlike gediks
assigned to bakeries or grocers’ shops, weavers’ gediks were not divided
into shares, a custom implying that there was no separation between man-
agement and ownership.
Where retail was at issue, the guild concerned itself with the owner-
ship of gediks, but the underlying reason was solvency rather than pro-
fessional skills. Guild members were collectively liable for debts arising
from their transactions with the state or wholesale merchants, making
the guild responsible for the resale of gediks to pay the debts of deceased
or absconding gedik owners. Hence, it was not unusual for guild offi-
cials to take over the gedik of a shop owner indebted to his wholesalers
or the state and sell it at auction to extinguish these debts. In one case,
for instance, Mehmed Ağa, owner of six out of thirty-two shares of a
bakery-cum-mill gedik, sold his shares to Veliyüddin for 1,500 guruş, an
important sum of money which served to pay his debts to the state and
the merchants.30 In this case, the indebted seller, Mehmed Ağa, was not
in fact present in the qadi’s court, but was represented by the warden of
the bakers’ guild. This situation raises the possibility that given collective
liability, the guild had forced this transaction upon the gedik owner.31
In another case, the guild warden likewise represented a certain Nuri
Usta in court: the latter needed to sell a quarter share of his gedik to his
brother İsmail Usta, and the money automatically served for the extinc-
tion of his debts.32
Collective liability does not seem to have precluded outsiders from
taking part in gedik markets. On the contrary, the use of gediks as collat-
eral against commercial debts, authorized by the guilds concerned, must
have opened the way to the partitioning of gediks and the subsequent
Gedik: What’s in a Name? 227
Ethno-religious Restrictions
There is another dimension to the gedik which is probably more intrigu-
ing and puzzling than any other, namely the ethno-religious restrictions
occasionally, if not always, observed at the issuance and transfer of gediks.
A number of eighteenth-century documents reveal that the transfer of
gediks and gedik shares from one ethnic group to another was in principle
strictly prohibited. Thus in 1194/1780, a sultanic edict ordered that the
bakeries of Armenians, when they died or left their workplaces – often
due to debts – should not be sold to members of other groups.47 As Selim
III was much given to complaining about Albanians acquiring bakeries
who were probably suspect because of their janissary connections, this
particular decree probably targeted Albanians too. Another order stated
more generally that the gediks of Armenian bakeries should only be trans-
ferred to other Armenians, while the bakeries’ gediks held by Muslims
should only go to Muslims.48
Interestingly, there are also instances where the parties involved in the
transaction ignored the prohibition of transferring gediks between ethno-
Gedik: What’s in a Name? 233
Conclusion
This chapter has argued that, depending on the sector and period involved,
there were different reasons for individual shopkeepers, groups of master-
sor prominent traders to register their shops as gediks, the latter turning
intowidely transacted documents certifying a multitude of property
rights. In this manner, the gediksserved the claims of established artisans
and shopkeepers, mostly organized in guilds. These people demanded
exclusive rights to practise a certain craft or trade; in other words, the
gediks fulfilled a monopoly-sustaining function. But at the same time
gediks could serve the claims of newcomers to equal rights to capital
assets and market participation, and in this respect they were monopoly-
eroding. Whether gediks sustained or eroded monopolies depended both
on the sector at issue and on various conditions surrounding that sector
at a particular point in time.
If a group of artisans or traders was indeed successful in fixing the
number of gediks, then gediks would serve their monopolistic privileges,
which might or might not be used against journeymen of the same group.
If in spite of the collective demands of guild members, gedik registration
234 Seven Ağır and Onur Yıldırım
did not take place, the acquisition of this ‘immaterial capital good’ might
facilitate the entry of newcomers into a sector as well as their permanent
rights to work premises.
Formal barriers to entry, however, did not imply that outsiders’ access
to capital assets was totally impossible. Whenever secondary markets were
available, the ownership of gediks and gedik shares might enable newcom-
ers to access the rents which guildsmen had obtained from their monopo-
listic privileges. When access to secondary markets was restricted, as was
often the case in the textiles sector, this fact could work in two ways. As
long as the prices of gediks were controlled, the number of journeymen
limited, and journeymen’s access to those openings that became available
regulated according to some objective criteria, the journeymen would
benefit from the restriction. If, by contrast, the prices of gediks were not
controlled and the number of journeymen was allowed to increase, then
masters could profit at the expense of journeymen.
In brief, whether guild masters succeeded in preventing journeymen
from sharing their privileges depended on the particular craft or trade in
which they were engaged. Further research may help us to better under-
stand how a given guild’s willingness and ability to set a fixed number of
gediks related to the structure and division of power within this particular
organization.
Notes
The research for this paper is financed by TÜBİTAK (The Scientific and Technological Research
Council of Turkey), project code 111K274.
1. For an earlier case study referring to this complex notion in similar terms, see Onur
Yıldırım, ‘Gedik: A Concept Too Many’, presented at the panel ‘Crafts and Craftsmen in
the later Ottoman Empire: From Craft to Industry in the Ottoman Empire and its Suc-
cessor States’, at the 29th German Congress of Oriental Studies combined with the 11th
Congress of the German Middle East Studies Association (DAVO), Halle/Saale, Germany,
20–24 September 2004.
2. Engin D. Akarlı, ‘Gedik: A Bundle of Rights and Obligations for Istanbul Artisans and
Traders, 1750–1840’, in Law, Anthropology, and the Constitution of the Social, Making
Persons and Things, edited by Alan Pottage and Martha Mundy (Cambridge: Cambridge
University Press, 2004), 166–200; Suraiya Faroqhi, ‘Between Conflict and Accommoda-
tion: Guildsmen in Bursa and Istanbul during the Eighteenth Century’, in Guilds, Economy
and Society, Proceedings of the Twelfth International Economic History Congress, B1, eds
Stephen Epstein, Clara Eugenia Nuñez, et al. (Seville: Fundacion Fomento de la Historia
Economica, 1998), 143–52; and W. Padel and Louis Steeg, De la législation foncière otto-
mane (Paris: A. Pedone, 1904), 267.
3. Gabriel Baer, ‘Monopolies and Restrictive Practices of Turkish Guilds’, Journal of the Eco-
nomic and Social History of the Orient 13 (1970), 145–65; Enver Ziya Karal, Osmanlı
Tarihi, 6 vols (Ankara: Türk Tarih Kurumu Yayınları, 1976) vol. 6, 276.
Gedik: What’s in a Name? 235
4. Engin D. Akarlı, ‘Gedik: Implements, Mastership, Shop Usufruct, and Monopoly among
Istanbul Artisans, 1750–1850’, Wissenschaftskolleg Berlin Jahrbuch (1985–86), 225–31;
Akarlı ‘Gedik: A Bundle of Rights and Obligations’; Faroqhi, ‘Between Conflict and
Accommodation’.
5. Onur Yıldırım, ‘Onsekizinci Yüzyılda Kurumsal bir Yenilik Olarak Gedik: Istanbul’daki
Kılapdancı Esnafı Örnegi’, in Osmanlı’nın Pesinde Bir Yasam: Suraiya Faroqhi’ye Armagan,
ed. Onur Yıldırım (Ankara: İmge Kitabevi, 2008), 373–99.
6. Akgündüz links the early meaning of the term to several concepts referring to usufruct
rights that tenants acquired by virtue of residence and/or improvements to the premises
(hakk-ı karar), accepted by various schools of Islamic law as early as the twelfth century. See
Ahmet Akgündüz, İslam Hukukunda ve Osmanlı Tatbikatında Vakıf Müessesesi (Ankara:
Türk Tarih Kurumu, 1988), 402–6, for the meanings of the terms sükna, girdar and
hulüvv. For a brief definition of gedik and its origins, see Ahmet Akgündüz, ‘Gedik’, in
Türkiye Diyanet Vakfı İslam Ansiklopedisi, eds Bekir Topaloğlu et al. (Istanbul: Türkiye
Diyanet Vakfı, 1996), (13) 541–43.
7. Engin Akarlı, ‘Gedik: Implements, Mastership, Shop Usufruct, and Monopoly’. See also
Salih Aynural, ’18. Yüzyılın Sonunda İstanbul Esnafının Alım ve Satım Tekeli ve Gedik
Hakkı’, Türk Dünyası Araştırmaları 130 (2001), 215–20.
8. Akarlı, ‘Gedik: Implements, Mastership, Shop Usufruct, and Monopoly’; Ahmet Kal’a,
‘Gediklerin Doğuşu ve Gedikli Esnaf’, Türk Dünyası Araştırmaları 67 (1990), 181–87;
Aynural, ’18. Yüzyılın Sonunda İstanbul Esnafının Alım ve Satım Tekeli’.
9. Akgündüz, Vakıf Müessesesi, 356, and Murat Çizakça, Islamic Capitalism and Finance:
Origins, Evolution, and the Future (Cheltenham: Elgar, 2011), 81.
10. Akgündüz, Vakıf Müessesesi, 356–58 and 362–63; Klaus Kreiser, ‘Icareteyn: Zur “Dop-
pelten Miete” im Osmanischen Stiftungswesen’, Journal of Turkish Studies 10 (1986),
219–26, also appeared as Raiyyet Rüsûmu, Essays presented to Halil Inalcik on his Seventi-
eth Birthday by his Colleagues and Students. Kınalızade Ali Efendi (d. 1572), a prominent
Ottoman jurist, maintained that as long as the arrangement benefited the vakıf it should be
allowed.
11. Bahaeddin Yediyıldız, XVIII. Yüzyılda Türkiye’de Vakıf Müessesesi: Bir Sosyal Tarih
İncelemesi (Ankara: Türk Tarih Kurumu, 2003); Robert J. Barnes, An Introduction to the
Religious Foundations in the Ottoman Empire (Leiden: E.J. Brill, 1986).
12. For instance, the chief juriconsult, Zekeriyazade Yahya Efendi (d. 1643) specified that as
heirs to the proprietors, daughters also could inherit the usufruct rights associated with
icareteyn. See Akgündüz, Vakıf Müessesesi, 363.
13. Akgündüz, Vakıf Müessesesi, 401–5.
14. Ibid., 366.
15. Galata court register 41, fol. 1a/2 (1616/1025). This has been transcribed in Timur
Kuran (ed.). Mahkeme Kayıtları Işığında 17. Yüzyıl İstanbul’unda Sosyo-Ekonomik Yaşam,
10 vols (Istanbul: Türkiye İş Bankası, 2010–13), vol. 2, 253–56.
16. Ahmet Kal’a, et al. (eds.), İstanbul Ahkâm Defterleri, İstanbul Vakıf Tarihi I (1742–1764)
(Istanbul: İstanbul Büyükşehir Belediyesi, 1998) (from now: İV I), 4/57/151 (1169/
1756).
17. İV I, 1/37/166 (1155/1742).
18. İstanbul Court Register 1, fol. 51b/3 (1021/1612), cited in Kuran, Sosyo-Ekonomik
Yaşam, vol. 2, 226–27.
19. İV I, 3/138/527 (1165/1752).
20. We thank Suraiya Faroqhi for bringing this point to our attention.
21. Akgündüz, Vakıf Müessesesi, 214.
22. ‘İstanbul Mahkemesi 43 Numaralı Şeriyye Sicili (1192 Şevval 22 – 1193 Safer 29)’, tran-
scribed and edited by Mustafa Nuri Türkmen, Marmara Üniversitesi, unpublished MA
thesis, Istanbul, 1995 (from now: İM1) 43(1) (1192/1778).
236 Seven Ağır and Onur Yıldırım
23. ’1205–1207 H. Tarihli İstanbul Mahkemesine Ait Olan 60 Numaralı Hüccet Sicilinin
Transkripsiyonu’, transcribed and edited by Ekrem Yılmaz, Sakarya Üniversitesi, 1997
(from now: İM2) 60(70) (1206/1792).
24. İM2 60, No. 13, (1205/1790–91).
25. İM2 60, No. 1 (1205/1791); No. 8 (1205/1791); No. 107 (2 Ş 1206/1792), No. 159
(1207/1792); No. 178 (1207/1792–93).
26. İM2 60, No. 31 (1205/1791); No. 34 (1206/1791); No. 67 (1206/1791–92); No. 107
(1206/1792); No. 117 (1206/1702), No. 161 (1207/1792).
27. İM2 60, No. 159 (1207/1792).
28. Murat Şener, Salih Dutoğlu and Hacı Osman Yıldırım (eds), 85 Numaralı Mühimme
defteri (1040/1630–1631) <Tipkibasim> (Ankara: T.C. Basbakanlik Devlet Arsivleri Genel
Müdürlügü, 2001) No. 168. According to Eunjeong Yi, Guild Dynamics in Seventeenth-
century Istanbul, Fluidity and Leverage (Leiden: E.J. Brill, 2004), 157, other sectors in
which gedik assignments had already occurred by the 1600s were porters, night guards,
brokers, shoe-tip makers, and glass manufacturers.
29. İstanbul Mahkemesi 120 Numaralı Şeriyye Sicili (found in the CD-ROM accompanying
Nejdet Ertuğ and Şevki Nezihi Aykut (eds), İstanbul Mahkemesi 121 Numaralı Şeriyye
Sicili (Istanbul: Packard Humanities Institute and Sabancı University, 2006) (from now:
İM3) 1-250/54, 1-250/54b-3, 1-120/12b, 1-122/49b, 17-129/68.
30. İM2 60, No. 37 (1206/1791).
31. As early as 1757, a decree had authorized takeover and sale of the gediks of meat-dealers
unable to repay their debts. See C. BLD. 61/3008 (1170/1757).
32. İM2 60, no. 38 (1206/1791).
33. Yediyıldız, XVIII. Yüzyılda Türkiye’de Vakıf Müessesesi, 115.
34. Akgündüz, Vakıf Müessesesi, 411.
35. ‘İstanbul Kadılığı 76 Numaralı Emir ve Ferman Defteri (1211–1217/1796–1803)’, tran-
scribed and edited by Hasan Çağlar, Marmara Üniversitesi, unpublished MA thesis, Istan-
bul, 1993 (from now: İK) 76, No. 23 (1207/1792) and No. 29 (1212/1798).
36. Hatt-ı Hümayun Collection, Prime Ministry’s Archives, Istanbul. (from now: HAT) 192/
9342 (1205/1791).
37. İK 76, (1211–1217/1796–1803), No.24: ‘esnaf- ı mezkurenin yedlerinde olup sened
ittihaz eyledikleri evamir-i aliyyenin mahall-i kaydları ref ü terkin ve bu şurut-ı meriyye
Başmuhasebe kalemine kayd . . .’
38. İK 76, no. 30, (1213/1798).
39. The creation of new gediks continued in this period. For instance, in 1811, new gediks
for snuff-sellers were created, with 150 guruş advance payment (muaccele): Başbakanlık
Osmanlı Arşivi Cevdet Belediye (from now: C. BLD.) 13/629 (1226/1811). Gediks
for new commercial spaces such as Sultan Odaları, with use remaining unspecified, also
appeared on the market: C.BLD. 106/1528 (1218/ 1803) and C. BLD. 28/1396
(1216/1801).
40. Faroqhi, ‘Between Conflict and Accommodation’.
41. Ibid., 143.
42. C.BLD. 1698.
43. HAT 1413/57568 (1212/1797–98).
44. Sıdkı, Gedikler, 16. Similar restrictions applied also to the weavers of other types of cloth.
45. Database based on İM3 120 and İM4 121.
46. C.BLD 15 (1808).
47. C. BLD. 21/1047 (1194/1780).
48. C. BLD. 739 (1209/1795).
49. C.BLD. 14/696 (1216/1801).