Orphans' Decree
Encyclopedia
The Orphans' Decree was introduced in Yemen
and obligated the Zaydi state to take under its protection and to educate in Islam
ic ways any dhimmi
(i.e. non-Muslim) child whose parents had died when he or she was a minor. First introduced or revived in the 17th century, the Orphans' Decree was ignored during Ottoman
rule (1872–1918), but was observed during the period of Imam Yahya (1918–1948). According to one source, the decree has "no parallel in other countries".
Although forced conversion is not widely recognized under Islamic laws, historian and Arabist
Shelomo Dov Goitein
believes that a forced conversion of orphans could have been justified by the revelation attributed to Muhammad
that states: "Every person is born to the natural religion [Islam], and only his parents make a Jew or a Christian
out of him."
Shalom Shabazi
, a Jewish poet who lived in 17th century Yemen, wrote in one of his poems about "stealing orphans". A translation of the poem runs thus: "Thousands of orphaned souls, both boys and girls, were wrested from the arms of their parents, grandfather and grandmother, by force by the nations all the days of the many kings of Yemen."
Rabbi
Hayyim Habshush
writes that by the end of Al-Mansur Ali I
's rule in 1809 the Imam
built palaces for his sons "and when he settled his sons in those palaces he ordered that the orphaned Jewish children be seized and converted and made servants and scribes in the palaces." In the same account Habshush testifies that there were some "who concealed the children in their homes until they were fully grown."
One more account is dated to 1850. Jewish scholar Amram Qorah recalls a story about his orphaned father, who was hidden by a Jewish family in their home and thereby escaped a forced conversion.
compares the Orphans' Decree to "draconian measures introducing the forced conscription
of Jewish children into the Czarist's army" in Russia
. Concerning the reintroduction of the Orphans' Decree in Yemen after the end of Ottoman rule Parfitt says that "in the first ten years" it "was implemented with great rigour."
Once again the decree was not implemented equally in every part of Yemen. In some places the authorities turned "a blind eye" to escaped and hidden children, but, in the places the Decree was implemented, troops were sent to search for escaped children, and the leaders of Jewish communities that were suspected of hiding the children were "imprisoned and tortured".
In 1923 the Jewish community of Al Hudaydah
suffered the abduction of 42 orphaned children, some of whom managed to escape.
A witness account from Sana'a
recalls an abduction of two fatherless siblings, a brother and a sister. The children were forcibly taken from their mother's arms and beaten to make them convert to Islam. The Jewish community offered to pay for the children's release to their family, but Islamic law prohibits accepting money to avert such a conversion. The witness compares the ceremony of the conversion of the siblings to a "funeral procession".
After getting out of the orphanage, converted Jewish boys were often enlisted as soldiers. The girls made a valuable asset as brides because there were no relatives who needed to be paid a bride price
in order to marry them.
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
and obligated the Zaydi state to take under its protection and to educate in Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic ways any dhimmi
Dhimmi
A , is a non-Muslim subject of a state governed in accordance with sharia law. Linguistically, the word means "one whose responsibility has been taken". This has to be understood in the context of the definition of state in Islam...
(i.e. non-Muslim) child whose parents had died when he or she was a minor. First introduced or revived in the 17th century, the Orphans' Decree was ignored during Ottoman
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
rule (1872–1918), but was observed during the period of Imam Yahya (1918–1948). According to one source, the decree has "no parallel in other countries".
Although forced conversion is not widely recognized under Islamic laws, historian and Arabist
Arabist
This is an article about the western scholars known as Arabists, not the political movement Pan-Arabism.An Arabist is someone normally from outside the Arab World who specialises in the study of the Arabic language and Arab culture, and often Arabic literature.-Origins:Arabists began in medieval...
Shelomo Dov Goitein
Shelomo Dov Goitein
Shelomo Dov Goitein was a German-Jewish ethnographer, historian and Arabist known for his research on Jewish life in the Islamic Middle Ages.-Biography:...
believes that a forced conversion of orphans could have been justified by the revelation attributed to Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
that states: "Every person is born to the natural religion [Islam], and only his parents make a Jew or 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...
out of him."
Before Ottoman rule
There are only some fragmentary and isolated accounts about the enforcing of the decree before Ottoman rule. It was not enforced equally in every part of Yemen. There were places where Jews were able to hide orphaned children and protect them from being forcibly converted to Islam. Still there are several accounts about the enforcement of the decree.Shalom Shabazi
Shalom Shabazi
Rabbi Shalom ben Yosef Shabbazi, also Abba Shalem Shabbezi or Salim Elshibzi was one of the greatest Jewish poets who lived in 17th century Yemen and now considered the 'Poet of Yemen'. Shabbazi was born in 1619 at Jewish Sharab, close to Ta'izz, and lived most of his life in Ta'izz from which he...
, a Jewish poet who lived in 17th century Yemen, wrote in one of his poems about "stealing orphans". A translation of the poem runs thus: "Thousands of orphaned souls, both boys and girls, were wrested from the arms of their parents, grandfather and grandmother, by force by the nations all the days of the many kings of Yemen."
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...
Hayyim Habshush
Hayyim Habshush
Rabbi Hayyim Habshush was a coppersmith by trade, and a noted nineteenth century historiographer of Yemenite Jewry...
writes that by the end of Al-Mansur Ali I
Al-Mansur Ali I
Al-Mansur Ali I was an Imam of Yemen who ruled in 1775–1809. He belonged to the Qasimid family, descended from the Prophet Muhammad, which dominated the Zaidi imamate in 1597–1962.-Early reign:...
's rule in 1809 the Imam
Imam
An imam is an Islamic leadership position, often the worship leader of a mosque and the Muslim community. Similar to spiritual leaders, the imam is the one who leads Islamic worship services. More often, the community turns to the mosque imam if they have a religious question...
built palaces for his sons "and when he settled his sons in those palaces he ordered that the orphaned Jewish children be seized and converted and made servants and scribes in the palaces." In the same account Habshush testifies that there were some "who concealed the children in their homes until they were fully grown."
One more account is dated to 1850. Jewish scholar Amram Qorah recalls a story about his orphaned father, who was hidden by a Jewish family in their home and thereby escaped a forced conversion.
After the end of Ottoman rule
Tudor ParfittTudor Parfitt
Tudor Parfitt is a Welsh Professor of Modern Jewish Studies at the University of London’s School of Oriental and African Studies , where he was the founding director of the Centre for Jewish Studies, historian, writer, traveller, broadcaster and adventurer...
compares the Orphans' Decree to "draconian measures introducing the forced conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
of Jewish children into the Czarist's army" in 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...
. Concerning the reintroduction of the Orphans' Decree in Yemen after the end of Ottoman rule Parfitt says that "in the first ten years" it "was implemented with great rigour."
Once again the decree was not implemented equally in every part of Yemen. In some places the authorities turned "a blind eye" to escaped and hidden children, but, in the places the Decree was implemented, troops were sent to search for escaped children, and the leaders of Jewish communities that were suspected of hiding the children were "imprisoned and tortured".
In 1923 the Jewish community of Al Hudaydah
Al Hudaydah
Al Hudaydah is the fourth largest city in Yemen with a population of 400,000 people, and the centre of Al Hudaydah Governorate.-Overview:...
suffered the abduction of 42 orphaned children, some of whom managed to escape.
A witness account from Sana'a
Sana'a
-Districts:*Al Wahdah District*As Sabain District*Assafi'yah District*At Tahrir District*Ath'thaorah District*Az'zal District*Bani Al Harith District*Ma'ain District*Old City District*Shu'aub District-Old City:...
recalls an abduction of two fatherless siblings, a brother and a sister. The children were forcibly taken from their mother's arms and beaten to make them convert to Islam. The Jewish community offered to pay for the children's release to their family, but Islamic law prohibits accepting money to avert such a conversion. The witness compares the ceremony of the conversion of the siblings to a "funeral procession".
After getting out of the orphanage, converted Jewish boys were often enlisted as soldiers. The girls made a valuable asset as brides because there were no relatives who needed to be paid a bride price
Bride price
Bride price, also known as bride wealth, is an amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom...
in order to marry them.