Oath More Judaico
Encyclopedia
The Oath More Judaico or Jewish Oath was a special form of oath
, accompanied by certain ceremonies and often intentionally humiliating or dangerous, that Jews were required to take in Europe
an court
s of law
until the 20th century. More Judaico is Latin
for "on/by the Jewish custom." The question of the trustworthiness of the Jewish oath was intimately connected with the meaning that Christian
authorities assigned to the Kol Nidre
prayer, recited by Jews on Yom Kippur
, and the whole of the legislation regarding the oath was characteristic of the attitude of medieval states toward their Jewish subjects
. The identification of Church and State seemed to render it necessary to have a different formula for those outside the state church.
imposed on a Jew engaged in legal contention with a Christian
dates back to Byzantine emperor Justinian I
, who declared that neither Jews nor heretics
should be admitted as witness
es against Christians; secular
courts, however, did not recognize this disability. Thus, in the safe conducts issued by the Carolingian
kings in the 9th century, Jews and Christians were treated as equals, and consequently the testimony
of the former, whether given under oath
or not, was as admissible as the latter. This was distinctly stated in the charter
granted by Holy Roman Emperor
Henry IV
to the Jews of Speyer
in 1090. The law of Duke
Frederick II of Austria (1244), which served as a model for much other legislation
on the Jews, merely required a Jew to swear
"super Rodal" (by the Torah
). Similar laws existed in England
, Portugal
, and Hungary
; Hungary waived the requirement to swear on the Torah
in trivial cases.
There were, however, some older laws that prescribed certain practices intended to mock Jews in court. These examples illustrated the kinds of humiliating rituals that accompanied the taking of the oath:
imperial court procedure (Reichskammergerichtsordnung) prescribed a form of oath that, with some alterations, formed a model to subsequent legislation. Horrible were the terms in which the swearer called down upon himself all the curses of Leviticus
and Deuteronomy
, the ten plagues of Egypt
, the leprosy
of Naaman
and Gehazi
(see 2 Kings
5), the fate of Dathan and Abiram, etc.
According to a recount in his "Gesammelte Schriften," the great German-Jewish philosopher Moses Mendelssohn
of the Enlightenment
persuaded the Prussia
n government to moderate the terms of the oath during the 18th century. The small German states gradually surrendered the most objectionable features of the oath: Hesse-Kassel
(or Hesse-Cassel), in 1828; Oldenburg
, 1829; Württemberg
, 1832; Saxony
, 1839 (on which occasion Zecharias Frankel
published his famous "Die Eidesleistung"); Schaumburg-Lippe
and Anhalt
-Bernburg
, 1842; and Hesse-Homburg
, 1865.
Prussia retained the obnoxious formula until March 15, 1869; the Netherlands
modified the oath in 1818, and Russia
in 1838 and 1860. The Jewish advocate
Isaac Adolphe Crémieux won great fame by effecting the abolition of the oath through a case brought before the court of Nîmes
in 1827. Lazard Isidor, as rabbi
of Pfalzburg, refused in 1839 to open the synagogue
for such an oath; prosecuted for contempt of court
, he was defended by Crémieux and acquitted. The French supreme court finally declared the oath unconstitutional
on March 3, 1846. However, as late as 1902, a court in Romania
upheld that country's version of the oath.
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
, accompanied by certain ceremonies and often intentionally humiliating or dangerous, that Jews were required to take in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
until the 20th century. More Judaico is Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "on/by the Jewish custom." The question of the trustworthiness of the Jewish oath was intimately connected with the meaning that Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
authorities assigned to the Kol Nidre
Kol Nidre
Kol Nidre is an Aramaic declaration recited in the synagogue before the beginning of the evening service on every Yom Kippur, the Day of Atonement...
prayer, recited by Jews on Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...
, and the whole of the legislation regarding the oath was characteristic of the attitude of medieval states toward their Jewish subjects
Jews in the Middle Ages
The history of Jews in the Middle Ages spans the timeframe of approximately 500 CE to 1750 CE. This article covers the medieval history of Jews in the Christian-dominated European region...
. The identification of Church and State seemed to render it necessary to have a different formula for those outside the state church.
Historical development
The disabilityDisabilities (Jewish)
Disabilities were legal restrictions and limitations placed on Jews in the Middle Ages. They included provisions requiring Jews to wear specific and identifying clothing such as the Jewish hat and the yellow badge, restricting Jews to certain cities and towns or in certain parts of towns , and...
imposed on a Jew engaged in legal contention with a Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
dates back to Byzantine emperor Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
, who declared that neither Jews nor heretics
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
should be admitted as witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es against Christians; secular
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
courts, however, did not recognize this disability. Thus, in the safe conducts issued by the Carolingian
Carolingian
The Carolingian dynasty was a Frankish noble family with origins in the Arnulfing and Pippinid clans of the 7th century AD. The name "Carolingian", Medieval Latin karolingi, an altered form of an unattested Old High German *karling, kerling The Carolingian dynasty (known variously as the...
kings in the 9th century, Jews and Christians were treated as equals, and consequently the testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
of the former, whether given under oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
or not, was as admissible as the latter. This was distinctly stated in the charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
granted by Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...
Henry IV
Henry IV, Holy Roman Emperor
Henry IV was King of the Romans from 1056 and Holy Roman Emperor from 1084 until his forced abdication in 1105. He was the third emperor of the Salian dynasty and one of the most powerful and important figures of the 11th century...
to the Jews of Speyer
Speyer
Speyer is a city of Rhineland-Palatinate, Germany with approximately 50,000 inhabitants. Located beside the river Rhine, Speyer is 25 km south of Ludwigshafen and Mannheim. Founded by the Romans, it is one of Germany's oldest cities...
in 1090. The law of Duke
Duke
A duke or duchess is a member of the nobility, historically of highest rank below the monarch, and historically controlling a duchy...
Frederick II of Austria (1244), which served as a model for much other legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
on the Jews, merely required a Jew to swear
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
"super Rodal" (by the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
). Similar laws existed in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, and Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
; Hungary waived the requirement to swear on the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
in trivial cases.
There were, however, some older laws that prescribed certain practices intended to mock Jews in court. These examples illustrated the kinds of humiliating rituals that accompanied the taking of the oath:
- Byzantine EmpireByzantine EmpireThe Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
, 10th century: the Jew would wear a girdle of thornsCrown of ThornsIn Christianity, the Crown of Thorns, one of the instruments of the Passion, was woven of thorn branches and placed on Jesus Christ before his crucifixion...
around his loins, stand in water, and swear by "Barase Baraa" (Bereshit Bara), so that if he spoke untruth, he would be swallowed by the earth just like DathanDathanDathan was an Israelite mentioned in the Old Testament as a participant of the Exodus.He was a son of Eliab, the son of Pallu, the son of Reuben. Together with his brother Abiram, the Levite Korah and others, he rebelled against Moses and Aaron...
and AbiramAbiramAbiram, also spelled Abiron, |father]] is exalted") is the name of two people in the Old Testament. One was the son of Eliab, who, along with his brother Dathan, joined Korah in the conspiracy against Moses and Aaron. He and all the conspirators, with their families and possessions, were swallowed...
in Numbers 16:1–27. - ArlesArlesArles is a city and commune in the south of France, in the Bouches-du-Rhône department, of which it is a subprefecture, in the former province of Provence....
(c. 1150): a wreath of thorns would be hung on the swearer's neck, others would grovel at his knees, and a thorn branch five ellEllAn ell , is a unit of measurement, approximating the length of a man's arm.Several national forms existed, with different lengths, includingthe Scottish ell ,the Flemish ell ,the French ell...
s in length would be pulled "between his loins" while he swore and called down upon himself all the curses of the Torah. - SwabiaSwabiaSwabia is a cultural, historic and linguistic region in southwestern Germany.-Geography:Like many cultural regions of Europe, Swabia's borders are not clearly defined...
(13th century): the Jew would stand on the hide of a sowUnclean animalsUnclean animals, in some religions, are animals whose consumption or handling is labeled a taboo. According to these religion's dogmas, persons who handle such animals may need to purify themselves to get rid of their uncleanness.-Judaism:...
or a bloody lambLamb of GodThe title Lamb of God appears in the Gospel of John, with the exclamation of John the Baptist: "Behold the Lamb of God who takes away the sin of the world" in John 1:29 when he sees Jesus....
. - SilesiaSilesiaSilesia is a historical region of Central Europe located mostly in Poland, with smaller parts also in the Czech Republic, and Germany.Silesia is rich in mineral and natural resources, and includes several important industrial areas. Silesia's largest city and historical capital is Wrocław...
(1422): the Jew would stand on a three-legged stool and have to pay a fine each time he fell, finally losing his caseLegal caseA legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
if he fell four times. - DortmundDortmundDortmund is a city in Germany. It is located in the Bundesland of North Rhine-Westphalia, in the Ruhr area. Its population of 585,045 makes it the 7th largest city in Germany and the 34th largest in the European Union....
: the Jew would be fined each time he halted in repeating the oath. - VrbovéVrbovéVrbové ; ) is a town in the Trnava Region of Slovakia. It has a population of 6,309 as of 2005. The town lies around northwest from Piešťany.- Characteristics :...
, Hungary (1517): the Jew would stand barefooted and swear with his face turned to the east, holding the Pentateuch in his hand. - Breslau (c. 1455): the Jew would stand bareheaded and pronounce the name of YahwehYahwehYahweh is the name of God in the Bible, the God of Abraham, Isaac, Jacob, Jews and Christians.The word Yahweh is a modern scholarly convention for the Hebrew , transcribed into Roman letters as YHWH and known as the Tetragrammaton, for which the original pronunciation is unknown...
.
An example: Frankfurt oath
The following formula, originally in Middle High German, was used in Frankfurt on the Main about 1392:http://www.fordham.edu/halsall/jewish/1392-jews-frankfort.html- The Jew shall stand on a sow's skin and the five books of Master Moses shall lie before him, and his right hand up to the wrist shall lie on the book and he shall repeat after him who administers the oath of the Jews:
- Regarding such property of which the man accuses you, you know nothing of it, nor do you have it. You never had it in your possession, you do not have it in any of your chests, you have not buried it in the earth, nor locked it with locks, so help you God who created heaven and earth, valley and hill, woods, trees, and grass, and so help you the law which God himself created and wrote with His own hand and gave Moses on Sinai's mount. And so help you the five books of Moses that you may nevermore enjoy a bite without soiling yourself all over as did the King of Babylon.
- And may that sulphur and pitch flow down upon your neck that flowed over Sodom and Gomorrah, and the same pitch that flowed over Babylon flow over you, but two hundred times more, and may the earth envelop and swallow you up as it did Dathan and Abiram. And may your dust never join other dust, and your earth never join other earth in the bosom of Master Abraham if what you say is not true and right. [This refers either to a decent burial or to resurrection.] And so help you Adonai, you have sworn the truth.
- If not, may you become as leprous as Naaman and Gehazi, and may the calamity strike you that the Israelite people escaped as they journeyed forth from Egypt's land. And may a bleeding and a flowing come forth from you and never cease, as your people wished upon themselves when they condemned God, Jesus Christ, among themselves, and tortured Him and said: "His blood be upon us and our children." It is true, so help you God who appeared to Moses in a burning bush which yet remained unconsumed. It is true by the oath that you have sworn, by the soul which you bring on the Day of Judgment before the Court, [before the God of] Abraham, Isaac, and Jacob. It is true, so help you God and the oath you have sworn. [Amen].
The oath as a Jewish disability
A decidedly aggressive change took place when, in 1555, the GermanGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
imperial court procedure (Reichskammergerichtsordnung) prescribed a form of oath that, with some alterations, formed a model to subsequent legislation. Horrible were the terms in which the swearer called down upon himself all the curses of Leviticus
Leviticus
The Book of Leviticus is the third book of the Hebrew Bible, and the third of five books of the Torah ....
and Deuteronomy
Deuteronomy
The Book of Deuteronomy is the fifth book of the Hebrew Bible, and of the Jewish Torah/Pentateuch...
, the ten plagues of Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, the leprosy
Leprosy
Leprosy or Hansen's disease is a chronic disease caused by the bacteria Mycobacterium leprae and Mycobacterium lepromatosis. Named after physician Gerhard Armauer Hansen, leprosy is primarily a granulomatous disease of the peripheral nerves and mucosa of the upper respiratory tract; skin lesions...
of Naaman
Naaman
Naaman was a commander of the armies of Ben-Hadad II in the time of Joram, king of Israel. He is mentioned in of the Tanakh. According to the narrative, he was afflicted with tzaraath...
and Gehazi
Gehazi
Gehazi, Geichazi, or Giezi is a figure found in the Tanakh Books of Kings. He was Elisha's servant. He appears in connection with the history of the Shunammite and of Naaman the Syrian...
(see 2 Kings
Books of Kings
The Book of Kings presents a narrative history of ancient Israel and Judah from the death of David to the release of his successor Jehoiachin from imprisonment in Babylon, a period of some 400 years...
5), the fate of Dathan and Abiram, etc.
According to a recount in his "Gesammelte Schriften," the great German-Jewish philosopher Moses Mendelssohn
Moses Mendelssohn
Moses Mendelssohn was a German Jewish philosopher to whose ideas the renaissance of European Jews, Haskalah is indebted...
of the Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
persuaded the Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
n government to moderate the terms of the oath during the 18th century. The small German states gradually surrendered the most objectionable features of the oath: Hesse-Kassel
Hesse-Kassel
The Landgraviate of Hesse-Kassel or Hesse-Cassel was a state in the Holy Roman Empire under Imperial immediacy that came into existence when the Landgraviate of Hesse was divided in 1567 upon the death of Philip I, Landgrave of Hesse. His eldest son William IV inherited the northern half and the...
(or Hesse-Cassel), in 1828; Oldenburg
Oldenburg
Oldenburg is an independent city in Lower Saxony, Germany. It is situated in the western part of the state between the cities of Bremen and Groningen, Netherlands, at the Hunte river. It has a population of 160,279 which makes it the fourth biggest city in Lower Saxony after Hanover, Braunschweig...
, 1829; Württemberg
Württemberg
Württemberg , formerly known as Wirtemberg or Wurtemberg, is an area and a former state in southwestern Germany, including parts of the regions Swabia and Franconia....
, 1832; Saxony
Saxony
The Free State of Saxony is a landlocked state of Germany, contingent with Brandenburg, Saxony Anhalt, Thuringia, Bavaria, the Czech Republic and Poland. It is the tenth-largest German state in area, with of Germany's sixteen states....
, 1839 (on which occasion Zecharias Frankel
Zecharias Frankel
Zecharias Frankel was a Bohemian-German rabbi and a historian who studied the historical development of Judaism. He was born in Prague and died in Breslau...
published his famous "Die Eidesleistung"); Schaumburg-Lippe
Schaumburg-Lippe
Schaumburg-Lippe was until 1946 a small state in Germany, located in the present day state of Lower Saxony, with its capital at Bückeburg.- History :...
and Anhalt
Anhalt
Anhalt was a sovereign county in Germany, located between the Harz Mountains and the river Elbe in Middle Germany. It now forms part of the state of Saxony-Anhalt.- Dukes of Anhalt :...
-Bernburg
Bernburg
Bernburg is a town in Saxony-Anhalt, Germany, capital of the district of Salzlandkreis. It is situated on the river Saale, approx. 30 km downstream from Halle. The town is dominated by its huge Renaissance castle featuring a museum as well as a popular, recently updated bear pit in its...
, 1842; and Hesse-Homburg
Hesse-Homburg
Hesse-Homburg was formed into a separate landgraviate in 1622 by the landgrave of Hesse-Darmstadt to be ruled by his son, although it did not become independent of Hesse-Darmstadt until 1668....
, 1865.
Prussia retained the obnoxious formula until March 15, 1869; the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
modified the oath in 1818, and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
in 1838 and 1860. The Jewish advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
Isaac Adolphe Crémieux won great fame by effecting the abolition of the oath through a case brought before the court of Nîmes
Nîmes
Nîmes is the capital of the Gard department in the Languedoc-Roussillon region in southern France. Nîmes has a rich history, dating back to the Roman Empire, and is a popular tourist destination.-History:...
in 1827. Lazard Isidor, as rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
of Pfalzburg, refused in 1839 to open the synagogue
Synagogue
A synagogue is a Jewish house of prayer. This use of the Greek term synagogue originates in the Septuagint where it sometimes translates the Hebrew word for assembly, kahal...
for such an oath; prosecuted for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
, he was defended by Crémieux and acquitted. The French supreme court finally declared the oath unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
on March 3, 1846. However, as late as 1902, a court in Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
upheld that country's version of the oath.