Takkanot Kahal and the Origin of Communal Structures in a Franconian Village Community in the 17th Century

Scholar: Stefan Litt Year: 2008
Description

Takkanot Kahal are clearly a phenomenon of early modern Jewry in Europe. Throughout the Ashkenazi world there were four common ways to enact them. By elaborating takkanot, Jewish leaders copied the Gentile custom of creating legal digests in that time, thus adapting the communities to the administrative structures of the early modern state. The short statutes of the community in Ühlfeld, dating fromm 1688, are a rare example for takkanot enacted in an early stage of the local Jewish history. The text clearly shows the efforts of the author, R. Asher Enslen of Schnaittach, to strenghten the ties in the small Jewish group and thus to found communal institutions. The Yiddish text provides rich information on this process, as well as some insights into the administrative practice, since the takkanot open the earliest Pinkas Kahal of Ühlfeld.

Source 1 Translation

Community Statutes of Ühlfeld

Takkanot Kahal Iltfelt

1688

[fol. 1 r]
Since God counselled the thoughts of the holy men who settle in Ühlfeld, they accepted [me?] to be over them as their head of the rabbinic court and righteous teacher in order to show them the way in which they shall go. And with it[‘s help] it will be carried out as they will do and they asked me to make them a pinkas kahal and to write into it a number of sincere regulations and customs, for not having openings without walls in town so that everyone does what he likes etc. Because their will and their inclination are to walk on straight and right paths as the other righteous in Israel do. […] in their camp and no one will open his mouth again etc. Therefore I nodded my head and fulfilled their sensible words and I enacted to the best of my abilities and I did little since I was chosen from heaven …?? The above mentioned Asher Enslen, and this comes first:

The first matter is the fear of God. Every head of a household who stays overnight in his house is obliged to go to the synagogue in the next morning in order to pray his prayer with the appropriate intention. Even so there was no quorum one must go in any case to pray in the synagogue, since we are the students of our father Abraham and therefore one is obliged to establish a place for prayer. Moreover, one will pray with greater intention in the synagogue than in his house. There will be a communal official who is obliged to call to the synagogue in the evening and in the morning. Also the children whether they are bar mitzvah or not, shall get used to it.

Since they are still few one cannot set a fine for that [i.e. not going to pray in the synagogue]. But for every Torah reading [one was missing] and in case that one was overnight in his house one has to pay half a Batzen for not going to the synagogue in the morning. Regarding their servants who are still minors but bar mitzvah they are also obliged to pay the fine. In case there is a quorum without minors they may go for a walk without getting fined. The above mentioned Asher Enslen.

[fol. 1 v]

  1. One must not talk on secular or trivial topics in the synagogue. Whenever two persons talk to each other in the synagogue [in that way] the Gabbai tzedaka may fine each with two Pfennigs. The above mentioned Asher Enslen.

  2. The Gabbaiye tzedaka may be in office month by month both for imposing fines and for providing provision for the journey for the poor, as well as for distributing the pletten. The above mentioned Asher Enslen.

  3. The G_abbaim_ are obliged to count the [numbers] on the legbrett every three months. From the persons who are in arrears they may levy each month a Kopfstueck. They may keep a book about that conscientiously. The above mentioned Asher Enslen.

  4. The Gabbaim are entitled to proscribe those who are not willing to pay their taxes. The above mentioned Asher Enslen.

  5. If one is proscribed because he did not pay his taxes and says that he has no money [fol. 2 r] or because of other debts, then he does not have to pay a fine up to eight days. If he is proscribed longer than eight days, then he has to pay a fine of one Batzen per day. If he stays in proscription 30 days and does not care, then one has to inform the head of the rabbinic court that he deserved to be banned. Then the head of the rabbinic court may fine him with more than one Batzen according to his bad deeds. Whenever one is proscribed because of stubbornness or a deed that he was not supposed to do and which is not related to arrears, then immediately he must pay one Batzen every day as long as he is proscribed and so on as mentioned above. The above mentioned Asher Enslen.

  6. If one is proscribed then no one shall slaughter and examine [meat] for him, also not provide him with meat. He shall not have Torah readings or any other honours in the synagogue. However, he may be part of the quorum. One may have business with him as well. If he remains in proscription for more than eight days and clearly does not care about it, then his wife must not go to the ritual bath. The above mentioned Asher Enslen.

    [fol. 2 v]

  7. Concerning accusations and encroachments: whenever a Jew goes to the house of a Christian, may it be with livestock, merchandise or without anything, then no other must go to that house. If one enters the house by mistake and does not know about the first, then he has to leave when the first says to him: “go away”, otherwise he will be fined with one Reichstaler. Moreover, when he has encroached [upon the business] or has caused damage to the first, he had not freed himself by paying the one Reichstaler, but the first still has the right to claim his damage in court. The above mentioned Asher Enslen.

  8. No one shall course a non-Jew for not having business with or not buying from him. Only if this non-Jew owes him money he [the Jewish merchant] may say to him: “You must pay me because you took another merchant.” And who will violate this will give half a pound wax. The above mentioned Asher Enslen.

  9. Concerning the above mentioned fines the head of a household must accept responsibility for his wife and members of his household. The above mentioned Asher Enslen

  10. If one accuses another or encroaches [upon his business] and there was no Jewish witness for it, then even a non-Jew who was properly interrogated by a judge or his authority, may be reliable for forcing the perpetrator to swear. And if he doesn’t want to swear he shall pay a fine [fol. 3 r] as mentioned above. However, the first will not be limited [by the fine] in his claims and has the right to take him to court. ???? The above mentioned Asher Enslen.

  11. We have already decided to threat that no one shall host any guest overnight who is suspicious not to live in good belief, and naturally not to have business with him. Whoever violates this will be treated as one who broke the ban, which means to get fined, punished and humiliated. The Parnassim have the right to demand immediately a bail up to four Reichstaler until he will be taken to court. The above mentioned Asher Enslen.

  12. No one shall host a guest with his wife for a certain period even he was an honest man, without permission of the Parnassim. Otherwise there might be complications for the whole community because of him, God forbid! The fine is one Reichstaler, the above mentioned Asher Enslen.

  13. The fee for being a godfather is one and a half Kopfstueck and the godmother may give six Kreutzers good money. The above mentioned Asher Enslen.

\[fol. 3 v\]
  1. If a T_z_ehr wedding is held the bridegroom is obliged to give Notwein, for the first
hundred \[_Gulden_ dowry\] one golden _Gulden_. And for the second hundred half a _Kopfstueck_. And for the third hundred and for each hundred more three _Batzen_ good money. One third of the _Notwein_ is for the waiters. The above mentioned Asher Enslen.

  1. The fee from bridegrooms for the bahurim or the young persons is for the first hundred [of the dowry] three Batzen good money and thereafter for the second hundred six Kreutzer good money, after that for each hundred one Groschen. The above mentioned Asher Enslen. By decision of the elders of the leadership the above mentioned fee was cancelled and therefore it is my opinion that the bridegroom may not give any fee, confirmed by Asher Enslen, Thursday, 17 Tammuz 5448

  2. The Parnassim have the right to fine someone who did anything that was not according to the rules up to two pounds wax. In matters of their own honour: if anyone harms another in his honour [as Parnas] then they may fine him for their own honour with one pound wax. If they see that anyone did something that would deserve a higher fine than the above mentioned, then they may demand a bail worth the fine up to two Reichstaler, and thereafter, when the issue comes before the head of the rabbinic court, he may fine and punish him according to his deeds. The above mentioned Asher Enslen.

[fol. 4 r]

18. No one must drink unkosher vine, otherwise he must pay a fine of one Reichstaler. In case the perpetrator is the slaughterer and bodek he will be forbidden to continue his work in addition to the above mentioned one Reichstaler. The above mentioned Asher Enslen.

Today, Wednesday, 6 Tammuz 5443 the leadership of Ühlfeld decided with my agreement and the agreement of the Parnas, the honourable Shimon Tispeck that every one who will do any negotiation in this village Ühlfeld will keep one half of the profit for himself, and the other half will go to the community for a holy purpose. This will be kept on for the next ten years from today on. Thereafter it is in the hands of the leadership to change this ordinance according to their will, the time and the needs of the community. Confirmed by the above mentioned Asher Enslen

At the Parnassim’s place was decided that everyone who is going to do negotiation has to inform the Gabbai or the leadership before the end of Shabbat of the same week. If he perpetrates he will give a fine of a quarter [pound?] wax, confirmed by Asher Enslen

On the above mentioned day was also decided that because on the above mentioned day they have in their hands approximately 60 Reichstaler for the building of the synagogue and still they are willing to donate more for bringing it into being with the will of God, [they are going] to build a synagogue and to buy the other holy items. Therefore, whenever a stranger comes, who is not from this Holy Community, it may live, in order to live here, he may give twelve Reichstaler for the above mentioned purpose. Since all the residents here will have to pay as well the above mentioned amount each, the leadership has the right to take less from the foreigner according to his situation. In return, the leadership, it may live, is obliged to provide him a seat in the men’s section and a seat in the women’s section. He will receive the first available seat in that time. And whenever a head of a household or his son or his daughter will come here to settle he may not just give two and a half Reichstaler for the leadership’s obligation to provide him with the then first available seat in the men’s section and a seat in the women’s section. The above mentioned Asher Enslen

[fol. 4 v]

Today, Wednesday, 1 Tammuz 5450 agreed the Holy Community here before me, the undersigned, and before the honourable Parnas Shimon Heshekh [?] that one starts to say psalms if there are two [or more] heads of households in the synagogue, and even if the second does not properly respond to the first with verses from the psalms he may say psalms slowly for himself as if others were with him. Whoever does not come to the synagogue before the Torah-reader finishes the reading of the Torah, will pay a fine of one Batzen, and whoever does not come before the end of az yashir will pay a fine of half a Batzen and on the other regular days he will pay half a Gulden. Asher Enslen, ‘resident’ of the Holy Community of Schnaittach and ‘resident’ here in Ühlfeld

20. Today, Sunday, 7 Heshvan 5459 agreed the Holy Community here before the Parnas, the leader, the honourable Moshe Gaikel that whenever the elders of the community or the Gabbai Tzedaka will demand a bail from a head of a household or they will demand a fine from him they may go to the rabbinical court to negotiate with him. If appears a case that he owes money then he [the Gabbai Tzedaka] is entitled [to punish him] according to to what is written in the book of the community regulations. Confirmed by Mordekhai Tiesbeck

[fol. 5 r]

When I came here to the Holy Community of Ühlfeld I heard from members of the Holy Community about conflicts between them about the salary of their teacher and cantor. With the agreement of the leadership I have decided that they will proceed for the next three years [as follows]. For one hour learning one golden Gulden, for half an hour half a golden Gulden and for a quarter of an hour according to the asset. And whoever has to learn Mishnayot is obliged to pay for an hour. For Humesh three Batzen. Prayer [for] half an hour. Alphabet [for] a quarter of an hour, and for writing alone [for] half an hour. And for [teaching] the commandments the salary of the teacher and cantor will be half according to Gulden and half according to the asset. All the above has been undertaken with my agreement according to the circumstances of the issue and of the time for the duration of three years from today on, and after three years the issue will come before the head of the rabbinic court who will be in that time. Monday, 2 Tammuz […] 5454 Menahem Mendel […] signed in the above mentioned Holy Community

22. The members of the Holy Community of Ühlfeld, may God protect them, have built a splendid synagogue. Only few of them talk in the synagogue during the prayer and after it but great anger and dispute came between them concerning the matters of the synagogue, Torah reading and other issues. And there are those who do not listen to their leaders and therefore I spoke and decided with my authority that whoever perpetrates and causes quarrels in the synagogue and does not listen to the voice of the leader or of the Gabbai Tzedaka [will have to pay] a fine of one Reichstaler, half for the ruler and half for the poor fund.
Concerning the Torah readings they may proceed as always was usual that there won’t be men who do not read from the Torah. That means that on the first Shabbat of a month two of those who had no turn in the last month will read and on a Shabbat after a holyday these who read on the holyday will not read again, but those who had no turn on the holyday before,
Menahem Mendel […]

Endnotes

[^1] Deut. 12, 8.
[^2] According to Ez. 1, 63
[^3] A wedding celebrated by poor Jews.
[^4] Minimum of vine served at weddings, the term was used among Christians in Germany.
[^5] From here until the end of the paragraph in a different handwriting.
[^6] 15 July 1688.
[^7] 30 June 1683.
[^8] 5 July 1690.
[^9] Meaning ‚rabbi’.
[^10] 12 October 1698.
[^11] 28 June 1694.