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Women in Early 17th Century Ottoman Judicial Records: The Sharia Court of Anatolian Kayseri Author(s): Ronald C. Jennings Source: Journal of the Economic and Social History of the Orient, Vol. 18, No. 1 (Jan., 1975), pp. 53-114 Published by: Brill Stable URL: http://www.jstor.org/stable/3632221 Accessed: 24-01-2017 22:28 UTC

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Journal of the Economic and Social History of the Orient, Vol. XVIII, Part 1

WOMEN IN EARLY 17TH CENTURY OTTOMAN JUDICIAL RECORDS -

THE SHARIA COURT OF

ANATOLIAN KAYSERI*)

BY

RONALD C. JENNINGS (University of Illinois)

Women have generally been considered by modern western observers to occupy a despised and servile position in the social and economic order of Islamic civilization. Arabists and anthropologists have been in accord that Muslim women were virtually the property first of their

*) Kayseri sicils are housed in the Etnografya Muzesi in Ankara, the Karaman, Isparta, and Konya sicils are in the Mevlana Muzesi in Konya, the Amasya sicils in the museum of Tokat, and the Trabzon sicils in the Topkapi Saray Muzesi Arsivi in Istanbul. I wish to thank the directors and their staffs for generous hospitality; I am particularly obligated to the staff of the Etnografya Muzesi, including the director Bayan Enise Yener and the recently retired assistant director Bay Ziya Ceran. This research was supported by grants from the American Research Institute in Turkey and from the University of California at Los Angeles (an NDEA title IV grant). This paper is built upon a chapter from my Ph. D. dissertation in Islamic Studies at UCLA, "The Judicial Registers (Ser'i Mahkeme Sicilleri) of Kayseri (1590- I630) as a source for Ottoman History" (1972). At that stage it profited from readings by Professors S. J. Shaw and S. Vryonis, Jr.

Abbreviations:

bn = son of; bint = daughter of; v. = veled = son of. In Ottoman documents after 16oo, bn is used for Muslims and veled for zimmis (non-Muslims).

Archival sources are cited as follows: 15 5 6-4 means Kayseri sicil number 15, page 5 6, entry 4. When a sicil from a collection other than that of Kayseri is cited the name of the city is always identified. The pages in most volumes are not numbered; in such cases the author began counting with the first page containing court business.

Cases cited in the text have been summarized selectively on the basis of their importance and relevance to the topic. It should be noted that a verdict is not a part of the formal registration of cases in the sicils.

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54 R. C. JENNINGS

fathers or older brothers and then of their husbands, that Muslim women were not able to manage or control any of their own property and, in fact, were usually denied the inheritance to which the Koran entitled them, and that they even had no say in their marriages, into which they were sold by their fathers or guardians. From its beginning

to the present day Islam has supposedly heaped indignities and scorn upon women. They are held to have been utterly unable to challenge or even question the authority of their fathers, brothers, and husbands 1). This study of the position of women is based primarily on the judicial

records (sing. sicil) of the Ottoman court at Kayseri, i 6oo-I65 2). Over i8oo cases in which one or more women was a litigant were examined. Some materials were taken for comparison from other courts of eastern and central Anatolia: Trabzon, Amasya, Karaman, Isparta, and Ankara.

The purposes of this study are i) to determine what the court held to be

the legal position of women (and, by implication, their moral worth), and z) to consider the nature of their participation in certain aspects of the economic and social order.

Although sicils are the best source yet uncovered for the study of the

position of women in Ottoman and Islamic society, it must be acknow- ledged that this study has certain limitations because of (a) the place of origin, (b) time, and (c) nature of the source used.

a. The judicial records on which this study is based come almost exclusively from Kayseri in central Anatolia. I know of no available evidence that would enable one to judge how typical the role of women there was of the Ottoman Empire, or indeed of Anatolia. Modern Kayseri is considered .one of the more strongly religious cities in

I) Consider Simone de Beauvoir, The Second Sex. tr. H. M. Parshley. (N. Y., 195 3), p. 80o: "The Koran treats women with utter scorn." Also p. 84: "When the family and the private patrimony remain beyond question the bases of society, then woman remains totally submerged. This occurs in the Moslem world.... The religion created when the Arab people were warlike and triumphant professed for women the utmost scorn."

2) For the 20 i/2 years between May 160o (Muharrem 1014) and October 62z5 (Muharrem 1035) sicils survive concerning 130 of the 246 months, i.e., covering 53 % or almost exactly i i years of the total period.

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WOMEN IN OTTOMAN RECORDS 5J

Turkey 3), but its religiosity is a "bourgeoisie religiosity," one which its conservative citizens combine with their even more widely acknow- ledged reputation as capable businessmen. In its reputation for orthodox religiosity Kayseri ranks with Konya, Samsun/Trabzon, Isparta/Burdur, and Manisa; in their reputation for business acumen Kayseri people rank first in modern Turkey. Islam today in Kayseri is not in conflict with modernity or energetic business enterprise.

One sees fewer women alone or in groups on the streets and in the shops and bazaars of Kayseri today than in many other Turkish cities. Most women over thirty wear relatively dark headscarfs covering the hair, ears, and neck but leave open the face. Plain unornamented boxy coats of a western cut reach to the lower calf, exposing opaque flesh- colored or dark stockings. Others still wear the bedsheet-like faraf, also dark, usually black and white; but they do not wear the solid black

of Konya and the Black Sea. Kayseri women seem to go out in public with their husbands and families more than do women of the Black

Sea or Konya; shops open early in the morning but generally do not stay open late, giving men time at home with their families. These observations are not easy to authenticate, although I lived two years in Samsun (1963-1965), and two years in Ankara (1969-1971) when I was making frequent visits to Kayseri.

The reputation of the people of Kayseri for business acumen and religiosity goes back at least to the 19th century, and one can find in

Evliya ?elebi some evidence from the i7th century. Unfortunately, the general lack of knowledge of the social and economic organization of Ottoman Anatolia is so great that comparisons with other cities are not easily made.

All one finds specifically about the women comes from Sir Paul Lucas, who visited Kayseri prior to 1712; Lucas was a doctor who treated Muslim and Christian families in their homes, as well as a traveller noteworthy for his detailed and accurate descriptions. He

3) Cf. F. W. Hasluck, Christianity and Islam under the Sultans. Oxford, I929), p. 51 3: "Adana, Aidin, Caesarea, and Pyrgi are notoriously 'black' Sunni towns." I. e., not Bektashi.

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56 R. C. JENNINGS

says of the women of Kayseri: "Les femmes y sont plus retirees qu'en aucun lieu de Turquie on j'aie ete;" as a doctor he had access to harems, and he judged that the women did not lack beauty. (At that point in his narrative he pauses to extol the delicacy with which "Orientals" enjoy the pleasures of love, observing that the "restraint" in which the women live indicates that they are loved more, rather than less. Then he concludes that love betwf en men and women lasts longer there 4)

The preceeding observations are made cautiously and tentatively. Even if it cannot be demonstrated that the society of Kayseri was more

religious and more conservative than that of most cities in the Ottoman Empire, the reader will be amiss if, after reading this study of women,

he judges I7th century Kayseri as "ultra-liberal" or "irreligious". b. The judicial records on which this study is based date from the

period 16oo-162z. Was this period before, after, or during the period in which it has been suggested that the penetration of "Arab" Islamic ideas into the more liberal "Turkish" Islam transformed the Islam of the

Ottoman Empire from a religion of openness and receptivity and intellectual awareness into a reactionary religion intolerant of any practice not grounded in Koran or hadith? Studies of "Ottoman" Islam are so lacking that one can merely observe that the early x7th century was distinguished by the growing power of partisans of rigidly construed tradition. At present there are no answers to questions of whether I6th century or I8th century Islam might have been more or less favorable to the role of women or what specific changes might have occurred 5).

4) Sir Paul Lucas, Voyage du Sieur Paul Lucas fait par ordre du roy. (Paris, 1712), v. I, p. 173. Cf. p. 174. "11 m'a paru que les Orientaux plus de delicatesse que nous sur les plaisirs. Cette exacte retraite dans laquelle les femmes vivent, ne les rend que plus aimables; car les sentiments sont toujours plus vifs, lorsqu'ils sont restraints a moins d'objets; & certainement, l'un pour I'autre, un homme & une femme en sont beau- coup moins dissipez, & conservent, ce me semble, bien plus longtemps l'amour qui a forme leur union."

5) The first comparison one thinks of is with the women of i oth and i ith century Egypt described by S. D. Goitein in A Mediterranean Society, but the bulk of the evidence Goitein puts forth concerns Jewish women and so any comparison must be made with caution. Goitein found women active in business, particularly spinning

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WOMEN IN OTTOMAN RECORDS 57

c. The records studied deal exclusively with the relationship of women to the court. They have provided no information on the important subjects of veiling, seclusion in the home, or size and organization of household, particularly the position of wife before

and weaving, and they often retained their earnings; women appeared at court with some regularity. v.I, pp. 127 ff. (Berkeley & Los Angeles, 1967). In an article called "The Documents of the Cairo Geniza as a source for Mediterranean social history" (JAOS 80 (196o)99), Goitein says: "The society of the Geniza papers was not a man's world. Women very frequently appear as parties to a deed and as writers or receivers of letters."

Anthropologist Carolyn Fluehr-Lobban delivered a paper at the Seventh Annual Meeting of the Middle East Studies Association at Milwaukee, Wisconsin, November 8-io, 1973, in which she reported, on the basis both of reading 20oth century judicial records at the sharia court of Khartoum and of personal interviews that women frequently attended the court of Khartoum, handling their business themselves, without benefit of legal agents. A tradition of western women observers reporting that Ottoman women had a

special position goes back at least to the early I8th century. In 1718 Lady Mary Wortley Montagu chided European men who "lament the miserable confinement of the Turkish Ladys, who are (perhaps) freer than any Ladys in the universe, and are the only Women in the world that lead a life of uninterrupted pleasure, exempt from cares, their whole time being spent in visiting, bathing, or the agreable Amusement of spending Money and inventing new fashions.... Tis his busyness to get Money and hers to spend it, and this noble prerogative extends it selfe to the very meanest of the Sex." The Complete Letters of .... ed. R. Halsband. (Oxford, I965), v.I, p. 406. In 1789 Lady Elizabeth Craven expressed similar observations: "I think I never saw a country where women may enjoy so much liberty, and free from all reproach, as in Turkey." "The Turks in their conduct towards our sex are an example to all other nations." The husband works hard, while his wife sits home with jewels. "... and I repeat it, Sir, I think no women have so much liberty, safe from apprehension, as the Turkish-and I think them, in their manner of living, capable of being the happiest creatures breathing." A Journey through the Crimea to Constantinople, (Dublin, 1789; reprint: N.Y., 1970), pp. 270, 304, 305. Lucy M. J. Garnett, perhaps the earliest serious student of Ottoman women, criticized the erroneous "popular idea that a Turkish harem is a'detestable prison' " whose occupants were "oppressed and rightless 'slaves'." She quotes Lady Craven on the liberty of Ottoman women, and, writing in 1890-189I, adds: "... every one familiar with Constantinople must, I think, agree with her." The Women of Turkey and their Folklore (London, I890-I891), v.II, pp. 453, 440.

Such opinions were a minority among western observers, yet they demand con- sideration. Cf. p. 444: "The seclusion of Moslem women, instead of being, as is generally assumed, a result of their 'degraded position,' is, on the contrary, the out- come of the great respect and regard entertained for them by the men of their own nation."

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58 R. C. JENNINGS

husband, father-in-law, and mother-in-law. They provide virtually no information on the nature of women's employment. in their homes (today many are busy making carpets), of their work in fields and gardens, of their shopping in public bazaars, or of their fraternizing at baths and cemeteries. Such information may emerge from studies of judicial records from other times or places; it is hard to imagine Pnother kind of source from which such information may be culled. Perhaps tereke (inheritance) defters or mehr (dowry) defters, where they

survive, may provide some help, and so may some erkaf defters. Collections offetvas may prove useful, and perhaps literature may too.

I. The Legal Position of the Women of Kayseri

Given an Islamic attitude that women belong at home, or at least away from public gatherings where men--particularly strangers-may be present, one should hardly ever expect to find them at court 6). Emile Tyan, citing Ibn 'Abdun, Gazali, and Halil, maintains that kadis reserved special days for hearing the ligitation of women, or that they at least heard the cases of women before those of men 7).

However, all the sicils examined, whether from Kayseri, Karaman, Isparta, Konya, Amasya, Ankara, or Trabzon bear witness that cases involving women were heard and registered on the same days as those of men. For example, of thirteen cases heard at Kayseri court on 16 Receb 1oz7, the 6th, 7th, 8th, and I2th involved women 8). Of six cases heard on 22 Receb Io27, the 5th and 6th involved women 9). Of

A recent study of the Ottoman lady by Fanny Ellsworth Davis in part concludes: "the Western conception of the Ottoman lady as a hemmed-in, abject creature is in need of a good deal of correction... she was not without resources." "Two Centuries of the Ottoman Lady," unpublished Ph. d. dissertation, Columbia University, 1968, p. 414 f. The position of "women" generally should not be confused with that of "ladies," of course. 6) al-Marginani, The Hedaya or Guide: a Commentary on the Mussulman Laws, tr.

Charles Hamilton (Lahore, 1963), P. 3 5 4. 7) Emile Tyan, Histoire de l'Organisation Judiciaire en Pays d'Islam (Leiden, i96o,

2nd. ed.) p. 282. 8) zo, pp. 71-73. 9) 20, p. 75.

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WOMEN IN OTTOMAN RECORDS 59

eighteen cases heard on 24 Receb 1027, the 2nd, 3rd, 4th, 5th, 9th, I4th, and I7th involved women 10). Of five cases heard on 28 Receb, the 3rd and 5th involved women 11). Of four cases on 2 Saban 1027, the 2nd involved women 12). At no time between 16oo and 1625 in Kayseri was there any pattern of hearing cases of women on a special day, or before or after the cases of men on a given day. Like men, women came to court at their own convenience, or spontaneously, when the need arose. Tabulations from the Kayseri sicils show that year after year one or

more women appeared as litigants in over 17% of the cases heard by the

court. In addition, at least one woman was a litigant in 24% of the cases read in one Amasya sicil, in 37% of the cases in one Karaman sicil, and in 42 % of the cases read in one Trabzon sicil. Of 10,593 Kayseri cases,

I, 827 involved at least one woman. Of those cases, 73 % involved Muslim women and 27 % non-Muslim (zimmi) ones. Through the quarter century the proportion of women involved as litigants more than doubled, for no explicable reason: in Kayseri sicils no. i i through

17, i % of the cases (724 of 6474) involved a woman litigant, but in sicils no. 22-27 a woman was involved in 25 % of the cases (839 of 3292). The proportion of Muslim women increased faster than that of zimmi women, from 69 % to 76 %, while the proportion of zimmi (non-Muslim) women decreased from 31 % to 24 %. (See table i.) Of course one does not know whether the proportion of women involved as litigants kept increasing after the period under study, nor whether the proportion of Muslims kept increasing. One can see, however, that at all times the women of Kayseri availed themselves of the court 13).

1o) 20, pp. 76-79. Ii) 20, pp. 79-81. I2) 20, p. 82. I3) Some modern anthropologists report that the women of the villages they have

studied are unaware of their legal rights and would not dare try to exercise them even if they were aware. Joseph Szyliowicz wrote in his book Political Change in Rural Turkey: Erdemli: "Owing to their low level of sophistication and limited contacts with the outside world, few men in Erdemli or Koyuncu had any concept of the provisions of the new decrees which were being issued in ever-increasing numbers by the government in Ankara. Nor is it surprising that few women were aware of

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Table I

Women at Court: Kayseri and Elsewhere

These figures are not exact. The tables are based on my own counts from sicils where, in most cases, not even the pages are numbered. Accuracy could have been increased by recounting all the 18oo cases involving women, and indeed the entire 1o, 500 cases, but that degree of accuracy would have been inconsequential in terms of what profitably can be under stood from these tables. m - Muslims, z -= zimmis (non-Muslims). a = excludes Kayseri sicil no. 20. b = The whole sicil was not read; figures pertain only to the part read. c = The Trabzon figure excludes the large number of cases in that volume which involve designation of vekils to arrange marriage and the registra- tion of amounts of dowries; other sicils provide that information only rarely. Of 491 "total" cases 58% (287) involve women. 252 (88%) of the women are Muslims, 35 (12%) are zimmis. 73% of the women had vekils, 72% (182 of 25z 2) of the Muslim women and 80% (28 of 35) of the zimmis.

loans total

cases total woman woman with women women women with vekil gives receives

sicil total one total with

number cases woman % women m. % z. % vekil % m. % z. % m. z. m. Z. date II. 421 88 21% 89 63 71% 26 29% i8 20% 12 19% 6 23% 5 I 2 I 1603-4 12. 3338 222 7% 274 173 63% 101 37% 47 17% 36 21% II II% 17 7 12 8 1604-8 13. 6oi 65 11% 65 53 82% 12 18% 10 15% 8 15% 2 17% 8 0 4 I 1604-9 14. 479 50 10% 50 28 56% 22 44% 9 18% 5 18% 4 18% 2 0 0 2 16o5-8 15. 1191 204 17% 207 154 74% 53 26% 57 28% 49 32% 8 15% 8 o 3 I 16o8-io 17. 444 95 21% 90 65 72% 25 28% 22 24% 16 25% 6 24% 1613-14 20. 827 264 32% 266 188 71% 78 29% 8 I 8 I 1616-19 22. 86o 134 16% 135 104 77% 31 23% 36 27% 32 30% 4 13% 7 5 2 2 1620-21 23. 875 183 21% 183 139 76% 44 24% 41 22% 33 24% 8 18% 6 3 2 I 1622-23 24. 450 173 38% 249 191 77% 58 23% 128 51% 101 53% 27 47% 3 I o o 1622-23 25- 589 148 25% 209 155 74% 54 26% 93 44% 83 54% 10 19% I 3 I o 1624 27.- 518 201zo 39% 261 204 78% 57 22% 145 56% 122 60% 23 40% 1 o o I 1626-27

10593 1827 17% 2078 1517 73% 561 27% 6o6a 33%a 497a 37%a Io9a 23%a 66 21 34 18 (1812a) (1329a) (483a)

Amasya-i 304 72 24% 82 79 96% 3 4% 30 37% 29 37% 1 33% 2 0 2 o 1624-26 Karaman-2-278 248 91 37% 116 116 ioo% o 61 53% 61 53% o 2 o I o 1618 Trabzon-42-I82zb, c 363 154 42% 154 136 88% 18 12% 82 53% 66 49% 16 89% 2 o I o 1618-20

915 317 35% 352 331 94% 21 6% 173 49% 156 47% 17 81% 6 o 4 o

total 11508 2144 19% 2430 1848 76% 582 24% 779a 36%a 653a 39%a 126a 25%a 72 21 38 18 (2z64a) (I660a (5o4a)

11-17 6474 724 11% 775 536 69% 239 31% 163 21% 126 24% 37 15% 22-27 3292 839 25% 1037 793 76% 244 24% 443 43% 371 47% 72 30

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WOMEN IN OTTOMAN RECORDS 61

Women represented themselves in court and made accusations there. The suits, defenses against suits, and oaths of Muslim women were admitted in exactly the same way as those of Muslim men and were equal to them in every way; likewise the suits of zimmi women were admitted under the same terms as those of zimmi men.

Like a man, a woman could go to court and publicly set forth any complaints or accusations she had to make, with confidence that the court would hear her fully. She was assured that the court would, if necessary, summon the accused before her; and she could require him to defend and explain himself, to produce witnesses in his defence, and even to take an oath of innocence. A woman was fully liable to be sued and when accused in court she had the same obligation as a man to defend herself. Her testimony received exactly the same consideration as that of men in similar situations. If there were no adequate witnesses, she might be asked to take an oath of innocence, which the court would accept as full proof of her innocence. If the circumstances of the case made it advantageous to her, she might demand from the plaintiff an oath supporting his suit or testimony.

It is well known that Islamic tradition charges the kadi to be the protector of women. This tradition has generally been considered a

their new legal position. Of more importance was the nature of the traditional society. Women were naturally regarded as inferior, and not many would dare to assert their rights, even if they knew what they were. Furthermore, no practical recourse was available to a woman who wished to do so, for as noted earlier, contacts with the national administration were minimal, and disputes were settled within the commu- nity." (The Hague, 1966), p. 50. Cf. p. 95: "Although guaranteed by law, these rights [women's rights] had been largely ignored outside the towns and cities. Yet the concepts behind the laws were slowly trickling down to the rural areas where the status of women was defined, as always, by tradition-a tradition of inferiority and subservience to men. Even in 195 7 no woman in Erdemli could imagine initiating a lawsuit. Most were still ignorant of their legal rights and privileges, and their more knowledgeable sisters were cowed by the community mores. It would take an exceptional woman to defy these sanctions, for to exercise her legal right to sue would make a woman a virtual outcast." Anthropologist Paul Stirling took a similar view: "The women know nothing of the law, and the men have no motive for taking any notice of what little they may happen to know of it." "Land, Marriage, and the Law in Turkish Villages," UNESCO International Social Science Bulletin 9 (1957) 30. Cf. footnote ~5 for further observations by Stirling.

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62 R. C. JENNINGS

confirmation of woman's subservient position in Islamic society and a means of holding her in her position of inferiority rather than an affirmation of her moral being. Nevertheless, it can be shown that the

women of i7th century Kayseri enjoyed a remarkable participation in the life of the community--precisely because the court upheld certain legal rights guaranteed them by the sharia, particularly by the Hanefi school.

i. Suits initiated by women were so common that it is not possible to cite more than a representative few:

(inar bint Bagadasar of Talas village sets forth a claim in the presence of Sefer veled Firoz: He struck me, pulled my hair saying, I'll make use of you,' and again struck me. I demand that he be punished according to the sharia. Sinan veled Kavan and Sunbul veled Yunus confirm that Sefer knocked Cinar to the ground, pulled her hair, and struck her, and they rescued her from him. Heard in the presence of Husam Beg, kethuda of the Kayseri mir liva. [11 41-240; z 3 Muharrem 10o 15] Gul Ana bint Bali sets forth a claim in the presence of zimmi Avdik: I gave him

several gold objects as security for a loan. Now I want them back. [i I 49-286; 9 Sefer ioi ]

Melek, Sofya, and Sultan benat Kara Beg of Talas set forth a claim in the presence of dergah-i all buvab Haci Huseyn bn Mehmed: Haci Huseyn has in his possession two shares (hisse) of the seven shares of a field, a garden, and two vineyards that we inherited from our late father. Haci Huseyn claims he bought the fields from their brother Mihail five years earlier, but he has no witnesses and so is restrained. The property is ordered to the sisters. [I5 35-I ; 2 i-selh Cumadi I 1019]

Gul Ana bint Mehmed: Ali bn Sinan cut off the tail and ears of my horse and

the tails of my two oxen. Confirmed by two witnesses. [23 1-4; 1o Saban 03z2] Meryem bint David sets forth a claim in the presence of Agob v. Bagadasar:

He owed my late husband Toma 8oo akfe, which I want. He claims that he has paid her and she acknowledges this. [z5 18-3; 18 Sefer 1034]

Fahr ul-muhadderat Cennet Ana bint Seyh Mehmed Efendi sets forth a claim: I am the wife of Abdul-Fettah bn Abdul-Kadir of Gulluk mahalle, who has been absent (gaib) for a long time. I want a maintenance allowance (nafaka and kisve). Cennet Ana is asked to take an oath that her husband has allotted nothing for her. Then she is granted I5 akfe per day and permission to seek a loan

(istidane). [z5 48-z; 4 Rebi II lo34] Teslime bint Mahmud sets forth a claim in the presence of Abdus-Selam bn

Haci Abdul-Kadir: When his donkey entered my vineyard and I seized it, he cursed me, calling me a whore (kahbe). I cannot accept this. Let him be asked. Abdus-Selam denies this. Hamze bn Haci Mehmed and Abdullah bn Veli confirm Teslime and this is recorded. [27 54-1; 6 Sevval o1035]

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WOMEN IN OTTOMAN RECORDS 63

2. Women litigants took oaths under quite the same circumstances as men did, when acceptable witnesses and valid written evidence were lacking:

Gul Ana bint Ugurlu (zimmia) of Bektas mahalle sets forth a claim in the presence of Isa bn Mehmed: My husband Kutluseh v. Iskender sold one of my vineyards without my permission. I want it. Kutluseh admits having given Gul Ana the vineyard as mehr (dowry) and then having sold it unlawfully (fuqulen) for 17 gurus. Mehmed asks that Kutluseh and Gul Ana take oaths that she was not consulted in the sale, and they do. Then the vineyard is ordered restored to Gul Ana. [15 31-3; 21 Cumadi I iox9]

Kidvet ul-umera Ebu Bekr Beg sets forth a claim in the presence of his mother

in-law (kayin anasi) Fatma Hatun bint Seydi Gazi Cavu?: I had 8ooguruts in my house when I went away. My wife died and Fatma took the money. Ebu Bekr has no witnesses, however, and says he cannot give an oath. Fatma takes an oath that she had no knowledge of the existence of the money, and Ebu Bekr accepts this oath. [i 5 38-4; 4 Cumadi II ioi9]

Ayse bint Hamze sets forth a claim in the presence of Veli bn Minnet: When we became married (nikah) Veli gave me various silver objects and cloth as my mehr-i mueccel. Now he has divorded me and I want them. Veli denies this and Ayse has no proof. However, she takes an oath that he did not give them to her. [17 40-4;16 Zilhicce iozz]

Nazili bint Murad takes an oath: I did not give my permission to be married to Bahsi v. Kaplan. I have no witness. I will go marry Vartan. [22 34-12; selh Zilhicce 0o3o]

3. When suits were initiated against women, they were of course able to defend themselves. Any man or woman could undertake suit against any woman against whom he felt he had a grievance:

Kasim: Mumine bint Ilyas has taken possession of a house in Huvand mahalle that belonged to my late brother Mustafa. Mumine says she bought the house from her husband two years earlier. Two witnesses confirm her. [i2 185-8; 17 Zilhicce 10171

Hasan bn Abdullah of Ulu Berengoz village acknowledges before Gulli bint

(name illegible): Gulli has possession of a vineyard in our itillage that I inherited from my brother Halil. Gulli claims she bought the vineyard for 15 ak altun from Coban. Hasan is given a five day delay to collect witnesses but he fails to do so. Gulli then produces two witnesses who confirm her claim. [1 5 155-2; 4 Cumadi I 020o]

Omer and Seydi ebna Haci Cuma set forth a claim in the presence of Metyem bint Haci Cihanseh: We inherited a house at Kalender Hane mahalle from our late father, but Meryem prevents us from taking possession of it. Meryem claims that she got the house as mehr from her late husband Mustafa bn Kasim. However, two witnesses confirm Omer and Seydi. [zo 18-4; III Rebi I 1027]

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64 R. C. JENNINGS

Abdul-Alim sets forth a claim in the presence of Zaman Hatun: When she wanted to marry me, I gave her 5 gurus for nafaka. Now I want the money. Zaman denies this. [zo20 95-; 29 Saban Ioz7] Ahmed bn Abdi sets forth a claim in the presence of Fatma bint Haci Seydi

Ali, a widow and mother of orphans: Ahmed claims to have inherited a house in the city. Fatma claims to have inherited that house from a relative who bought the house from a relative of Ahmed's. Two witnesses confirm Fatma's claim.

[20 113-4; 5 Zilkade 1027] Emine, daughter of the late Sefer, sets forth a claim in the presence of Meryem

bint Abdullah, wife and heiress of the deceased: I want my share of the estate of my father. Meryem says Emine received her share already and renounced any further claims. When Meryem is asked for proof, two witnesses ('udul-i muslimin) confirm her. [24 17-5; 17 Receb 1032]

Cuneyd bn Hudabende sets forth a claim against Habibe bint Haci Abdul- Halim: I am the son of the late Abdur-Rahman's uncle ('amm). Since his wife Saliha has remarried, I want the custody of their orphan daughter Sultan Kaya. Habibe claims that Sultan Kaya is her granddaughter, that she has afetva that she should have custody of the child, and that she did not know that Cuneyd was the son of the child's uncle. He is asked for proof. Two witnesses confirm that Cuneyd is the son of Hudabende, uncle of the deceased. However, the right of custody belongs to the grandmother (ebe) of the orphans. [24 17-4; 17 Receb 1032]

Mustafa Celebi, who is charged with collecting the property of the dependents in Kayseri of the bandit (saki) Abaza, sets forth a claim in the presence of Fatma Hatun bint Mehmed Beg and her daughter Emine bint Abdur-Rahim: Fatma's husband Abdur-Rahim, and Emine's husband Hazinedar Dervis, are with the bandit. It is possible that the women have property belonging to Abdur-Rahim and Dervis. Let them be asked. The women say that, although the aforementioned men are their husbands in name, they never come to their houses or write them letters. Since he found none of the bandits' property and had no proof acceptable to the sharia, he proposed an oath. The women swore that they had none of the husband's possessions. When it seemed best that they should give some money as pledge to the miri, 00oo riyal gurus was taken from Fatma and 60 gurus from Emine for the miri, for which they were given a receipt (tezkere), as is the custom. Mustafa said he had no further claim. [25 3-1; 9 Muharrem 1034]

Mumine bint Haci Mahmed of Hasbeg mahalle sets forth a claim in the presence of Ayse bint Ali: She occupies my property in the mahalle and I want it. Ayse claims she made a compromise (sulh) with Mumine for 5 gurus and this is confirmed by two witnesses. [z5 24-I; 27 Sefer 1034]

The women of Kayseri of course in no way rivalled the enterprise of the men of the city in the economic and social spheres. A close reading of the sicils does not reveal the name of a single woman of Kayseri in the

first quarter of the seventeenth century who achieved any sort of con- sistent public exposure or notability. Women were exluded from office

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WOMEN IN OTTOMAN RECORDS 65

at every level of government, including the court, where they could not

even be fuhud ul-hal. They were not members of the ulema at any religious or teaching level. They seem not to have participated in the shops, crafts, and guilds of the city. Only occasionally as land-holders and renters, money-lenders and capitalists did they participate in the economic world of the men.

Problems that brought women to court most frequently included the settlement of estates, matters of guardianship for their own children

and those of others, the appointment of vekils, property transfers and the verification of claims to property, and the settlement of disputes arising from marriage and divorce. In fact, excepting matters of government, administration, and guilds, women had quite the same legal problems as men, and the courts handled their problems quite the same as those of men. That so many women were capable of under- standing and managing their own legal problems bespeaks a degree of sophistication on their part.

Women came to court with a remarkable frequency through the whole period of the study. In the earlier years 80% came to court in person to handle their own cases; only 20% had vekils. After 1620 the percentage of women represented by vekils rose to or barely exceeded 5o%, but still a very considerable number of women were coming to court (more, in fact, than at the earlier time, because the proportion of cases involving at least one woman was steadily in- creasing). Rich women and poor women, city women and village women, Muslim women and zimmi women brought their business and legal problems to court day after day. They came to court regularly, freely, and openly. Manifestly the court was accessible to them and relevant to their lives.

I. The Legal position of women

a. Property-The inviolability of women's property holdings was consistently upheld by the Kayseri court. No husband, father, nor other relative could sell, rent, or make use of any bit of a woman's property without her consent. Any property a daugher might inherit was Journal of the Economic and Social History of the Orient, Vol. XVIII, Part 1 5

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66 R. C. JENNINGS

exclusively hers to use, to cultivate, or to rent as she saw fit, and all the

revenues accrued to her. A wife's property--whether acquired before marriage or afterwards-was exclusively hers to manage, and any revenues it brought were entirely hers by law. It is certain that some women entrusted-or left-the management of their properties to their husbands, and indeed that some even made gifts of their property to their husbands. On the other hand, many a son was surprised to find his

mother claiming as her personal property land and buildings that he had thought belonged exclusively to his late father. Some families could distinguish the chickens or cows of the wife from those of the husband 14).

If a woman's property was sold without her consent, the court rendered the sale null and void as soon as proof of her ownership was made. The property was ordered restored to her immediately, and no sympathy was wasted on the buyer, who was considered somewhat derelict in not having secured adequate proof of ownership from the seller. No penalty seems to have applied other than the rescinding of the transaction, however. If force was used to gain her consent, or if the

sale was made unjustifiably by a vasi (guardian) while she was a minor, a woman might appeal to the court whenever she became able to do so (within a fifteen year statute of limitations) and have her full property

rights restored. If a woman voluntarily gave consent (proven by her own admission or by the testimony of two eye witnesses) to such a sale,

she could not later change her mind and open a claim. Indeed, if she failed to object as soon as she became aware of the sale, she jeopardized her right. A woman, for example, who made no objection to such an illegal sale by her husband until the time of his death a few years later

14) This practice is in accord with Hanefi law. Schacht says "... as regards the law of property and obligations, the woman is the equal of the man." Joseph Schacht, An Introduction to Islamic Law (Oxford, 1964), p. I26 f. Lady Montagu was aware of this: ".... those Ladys that are rich having all their money in their own hands...,' v.1, p. 329. Cf. Lady Craven: "The Turks in their conduct towards our sex are an example to all other nations. A Turk has his head cut off-his papers examined- everything in his house seized-but the wife is provided for; her jewels are left her-." p. 304.

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WOMEN IN OTTOMAN RECORDS 67

might see the court reject her belated claim. (Actual control and occupation of disputed property counted heavily in seventeenth century law, so the sooner anyone contested an illegal sale, the stronger were chances of recovery).

Cases of encroachments on the property of women by male relatives and husbands were by no means unusual. The court made it possible for

valid legal claims to prevail over force. Sometimes the coercive power of the court also was needed to protect the claim of a male evidently denied his rightful claim to property by a female.

Aftab: Sefer was my husband. He took my property from my previous husband and threw me out. [i2 167-3; i8 Zilkade o1071]

Gulli bint Suleyman sets forth a complaint in the presence of Piyale bn Abdul- lah: I bought a vineyard at Kanli Yurt with i io ak altun of my own money. My son Mustafa sold it without my permission (fuzulen) to Piyale. Piyale says that he bought the vineyard for 9- guruf from Mustafa knowing nothing about Gulli's claim. Two witnesses confirm that Gulli bought the vineyard with her own money. [15 178-4; 2 Saban iozo]

Meryem (zimmia) sets forth a claim in the presence of Tatar (zimmi): When my mother Cevher died, I inherited a house at Kusakcilar Harmani mahalle from her. My brother Sirvan sold it without my permission (fuZulen) to Tatar. I will not accept this. So Tatar is restrained from possession of the house. [15 183-2; after i2 Saban iozo]

Emine bint Ramazan sets forth a claim in the presence of Arutyun (zimmi): My husband Hizir sold a vineyard without my permission (fuzulen). I want it. Arutyun claims he has had the vineyard five years, during which time Emine never complained. She admits this. [24 28-3; 4 Saban I032]

Gul Ana, Hatun Aga, and Sirvan evlad-i Serkis set forth a complaint in the presence of Canbola bint (name illegible): She sold the vineyard we inherited at Gederis nahiye, without our permission (fuZulen). We want it back. However, the sale was sixteen years ago, so no claim can be raised. [25 22-5; 26 Sefer 1034]

Musli bn Pir Ali acknowledges in the presence of Bagadasar v. (name illegible): I inherited a vineyard at Caldiriyan nahiye from my father. Islim bint Ismail sold it without my permission (fuzulen) to Bagadasar. I want it. Bagadasar agreed to sulh, paying me 8 guru, bedel-i sulh. [25 67-1; 9 Cumadi I Io34]

Janissary Abdi Bese bn Abdullah of Merkebci mahalle and now a resident of Constantinople has as vekil for the matter his son Ali Bese who sets forth a claim in the presence of Haci Huseyn bn Haci Ibrahim: My mother Umm Gulsum sold without permission (fuZulen) a house belonging to my father in the mahalle. My father wants it back. It is ordered returned. [25 74-3; 26 Cumadi I 1034]

Emine bint Haci Musa has for vekil Huseyn bn Huseyn: When my muvekkile was under age, her nazir Seydi Ahmed sold houses belonging to her at Sultan Hamami mahalle to Haci Hasan. Now she is of age and wants them back. The court orders them given to her. [23 48-8, 9; 16 Muharrem 10331

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68 R. C. JENNINGS

Ayse bint Hasan of Suleymanlu village makes a claim in the presence of Abdul- Kerim Beg bn Kemal (avus; A year ago my father-in-law Yakub gave me a black cow. Abdul-Kerim claims Yakub gave him the cow to pay a debt, and two witnesses confirm him. However, two witnesses confirm Ayse's claim thal the

cow had already been given to her. [11 7-34; 14 Muharrem 10o41 Turfande bint Iskender (zimmia) of Selman mahalle makes a complaint in the

presence of Mahmud bn Molla All: My servant Ayse stole some gold from me. I found it in the possession of Mahmud. Ayse says she tried to borrow 40 gurus.

[II 14-86. 22 Muharrem I014]

It is clear that a woman might buy property from whomsoever she wished and sell it to whomsoever she wished,, whenever she wished, subject to no conditions that would not apply as well to a man. She might give or receive gifts of property in the same way.

Property transfers were so regularized a matter in Kayseri that women even came to court to register the purchase of property from, or sale of property to, husbands, parents, and siblings. In such instances money and property deeds, were exchanged just as with any other property transfer.

Sah Zaman bint Pit Kuli of Debbaglar mahalle has proof that she bought a vineyard from her late husband Haci Ibrahim bn Ali. [11 31-190; 27 Cumadi II 1014] Haci Sinan bn Ebu Bekr Dede of Konaklu mahalle acknowledges in the

presence of his wife Fatma bint Isfendiyar: He sells her his half estate in the mahalle for 240 akfe. [15 15-2; 26 Rebi II o109] Mehmed bn Yakub sets forth a claim in the presence of his mother Yasemin

bint Abdullah: My mother has taken possession of a guest-house (tabbane) at Debbaglar mahalle that I inherited from my late father. Yasemin says Mehmed's father, her husband Yakub, sold her the tabhane for 300ooo akfe, which was paid in full. Two witnesses confirm her. [15 75-I; 21 Saban o019] (Name illegible) bint Pir Gayib makes a claim in the presence of her son

Ibrahim bn (name illegible): I sold him an ox for 12 guruz but he has not paid me yet. Ibrahim denies this. Two witnesses confirm the mother. [I7 25-5; 9 Zilkade 1O22]

Sinan v. Cihanseh sells two vineyards at Billur nahiye to his wife Asli bint Minnet for 30 gurur to pay his debt to her. [19 44-12; 14 Rebi II 1026]

Mustafa bn Abdullah of Molu village acknowledges in the presence of his wife Ummi bint (name illegible) Seyh: I took 30 guruzs that belonged to my wife and I spent it. In recompense, I am giving her a vineyard at the village.

Mustafa bn Abdullah of Molu village acknowledges in the presence of his wife Nazili bint Kara Bid: I sold her vineyard and spent the money. In recom- pense, I give her a cow and a sofa. [24 41-5, 6; selh Saban 1032]

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WOMEN IN OTTOMAN RECORDS 69

Misr Kethuda v. Kaysar of Tatar mahalle acknowledges in the presence of his wife Kidem bint Sinan: A dwelling (mentil) in the mahalle is sold to her for Ioo esediguruz. [25 5-5; 14 Muharrem 1034]

b. Inheritance.--The Kayseri court maintained inheritance shares due women as scrupulously as any other property right 15). When members of a family inherited property, the shares of the women, like those of the

I5) According to Hanefi law women usually inherited half of what male heirs of the same relationship received. Their right to use and to dispose of what property they inherited, however, was just the same as that of men. Schacht, Introduction..., p. I26 f. R. Levy says Muslim women were entitled to inheritance but in practice often got nothing. Social Structure of Islam (Cambridge, 1965), p. I45 f. Stirling, whose book Turkish Village, concerns two villages near Kayseri, has a chapter on women's inheritance called "Sometimes they do not take." (London, 1965), p. 121. He asserts that in Sakaltutan and Elbasi a widow usually received no inheritance from her deceased husband but just lived with a son.p. I23. (Garnett reports this custom among Ottoman Jews, Women of Turkey..., v.II, p. io.) It was considered that daughters had "valid" claims to inheritance, "... but they are by no means always accepted or enforced." Brothers ". . . can and do frequently ignore their sisters' rights." p. I23. "The distribution of any given estate is largely a matter of relative power and influence. Rules both customary and legal are used rather as weapons than as principles for right conduct." "Customary morality gives men a decided advantage in the struggle. Daughters may be theoretically entitled, but their rights are unimportant, and should never be allowed to prevent a man from possessing enough land to care for a family." p. 130. Cf. "In many cases, sisters and their husbands told me it would be disgraceful of them to stake a claim, since their brothers had barely enough land anyway." Stirling, "Land, Marriage...," p. 27. Until after Stirling's first stay in Sakaltutan it was practically in another world from Kayseri. It differed in marriage customs, education, and degree of sophistication not only from the city of Kayseri but also from the villages which, in the 17th century, were in regular contact with the court at Kayseri. It would not be surprising to find that women's inheritance rights were not guarded too closely at Sakaltutan in the seventeenth century either, and that women's inheritance rights were observed in the more sophisticated villages in 1950 as in 16oo. Unfortunately, long-established, sophisticated villages have been quite ignored by those who do village studies.

In his book Tradition, Season, and Change in a Turkish Village, geographer John F. Kolars observed: "Daughters upon marriage may take their inheritances with them to their new families. In Bahtili this rule is usually well observed. In other settlements, such as Geyik Bayiri, where incomes are low and land scarce, daughters are often expected to unofficially forfeit their rights of inheritance when they marry. Also, the wife and children for one year after the death of the father may sue and reclaim any properties disposed of by the deceased with intent to defraud his heirs." (Chicago, 1963), P. 75. Unfortunately, this subject was not one of Kolar's major concerns and he gives no greater detail.

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70 R. C. JENNINGS

men, were often made a matter of public record. The court records show clearly that everyone's share was known and registered. Although the sharia entitled women to a specific fractional share of the estate, they

sometimes had to resort to the court to force payment. Usually muslibun

(people of good will) would mediate until some mutually satisfactory agreement could be reached (sulh). Rarely the court might appoint ehl-i vukuf (experts) to assess the estate of the deceased and to assign the proper legal shares to the women. If the estate was being settled collectively, the women participated

jointly with the men in the settlement. Every step had to be accepted unanimously by the mixed group of heirs. Some of the parties to a collective settlement might be represented by vekils, but most attended

in person. Though they inherited in unequal shares determined by the degree of relationship of the surviving heirs, they participated equally in the settlement. There was no clear-cut formula of precedence in listing the names of parties to the collective settlement, for a mother's name was sometimes listed before that of her grown son and sometimes

after. The names of grown sons usually (but not always) preceded those of grown daughters and minor males those of their minor sisters; a husband's name usually preceded that of his wife. Generally names of women were listed after those of the men, probably with a strong tendency toward a system of precedence that favored close relatives over distant and age over youth. Where the settlement of the estate was managed by one individual,

the agent was frequently an adult son of the deceased, but in the absence of an adult son, a mother or sister might handle the business of settle- ment. Wives handled estate settlements frequently, sometimes even when there was a surviving adult son. Often the wife was designated

murise (muverrise) or zevce'-i metruka of her late husband. In the practice of the court this meant a position approximating executrix, for she alone of the heirs bore that title. She would be left to undertake an individual

settlement of the estate. (A wife was not always executrix when she was

designated zevce'-i metruka.)

Presumably the murise took upon herself the full responsibility for

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WOMEN IN OTTOMAN RECORDS 71

having the value of the estate assessed, for paying all the valid debts of the deceased and for collecting all debits due him, and for overseeing the distribution of the property of the deceased in accordance with the

sharia and the wishes of the deceased. Carrying out such an office requires a degree of responsibility and educated intelligence. If a man named his wife murise over the final disposition of his entire estate, he

surely was acknowledging that his wife possessed such abilities. The wives of Kayseri men frequently carried out this office. (Some murises, of course, would appoint vekils to carry out the duties for them.)

A woman had fully the same rights in giving away and bequeathing property that her husband had. She might make vakf all or part of her estate. She might make bequests or gifts to anyone she wanted. Her bequests to her minor children, whether male or female, had to be maintained separately from the property of the children's father or guardian, who was accountable both to the court and to the minor come of age for any excessive spending or other misuse of the estate. Normally a father provided the upkeep of his "orphans" from his own income, leaving their inheritance from their mother intact, while a mother usually secured the authorization of the court for a daily allowance (nafaka and kisve) from the legacy of her deceased husband to

their children (i.e., from the children's own legal property). Girl children come of age had quite the same right as boys to demand that a father, mother, or guardian account in court for expenditures from her estate, and the court proved not unwilling to force parties deemed delinquent to restore money or property.

c. Legal testimony, vasis, vekils.--Women could testify in court as witnesses (sing. sehid), although they did so extremely infrequently. Legally their testimony as sehid was only half the value of that of men, so

that two women witnesses were required to establish certitude equal to the testimony of one man. Hanefi law did not allow the use of four women witnesses (@ehid) for one case, lest women be induced to leave their homes too frequently. In all the cases encountered in the sicils, at

least one 1ehid was male. In fact, women seem to have been accepted

only grudgingly as sehid, as though their veracity or perspicacity were

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72 R. C. JENNINGS

in doubt even beyond the legal 2:I disadvantage. In perhaps one case out of a thousand were women fehid registered 16). However, it must be reiterated that this disability concerned only

the legal function of a jehid, the testimony of two of whom is accepted as certain proof (beyyine) of whatever they should affirm. This disability

in no way affected a woman's right or ability to lay charges or to defend herself against charges, as the cases cited at the beginning of this

chapter make very clear. The court was always ready to hear reports of crimes from whomever might bring them, and even when a lone woman

without witnesses brought important information to court, the court would hear her fully and investigate the matter immediately. The door of the court always stood open to anyone who wished to enter and address it, female as well as male, zimmi as well as Muslim.

Women frequently served as legal agents for other people 17). Often a

16) In criminal cases "the testimony of women is not admitted." "In all other cases the evidence required is that of two men, or of one man and two women, whether the case relate to property, or to other rights, such as marriage, divorce, agency, executorship, or to the like." The Hedaya, p. 35 3 f. "The reasoning of our doctors is that the evidence of women is originally valid,

because evidence is founded upon three circumstances, namely, sight, memory, and a capability of communication; for by means of the first the witness acquires know- ledge; by means of the second he retains knowledge; and by means of the third he is enabled to impart to the Kazee; and all these three circumstances exist in a woman (whence it is that her communication of a tradition or of a message is valid); and with respect to their want of memory, it is capable of remedy by the junction of another; that is, by substituting two women in the room of one man; and the defect of memory being thus supplied, there remains only the doubt of substitution; whence it is that their evidence is not admitted in any matter liabel to drop from the existence of a doubt, namely retaliation or punishment; in opposition to marriage, and so forth, as those may be proved notwithstanding a doubt, whence the evidence of women is admitted in those instances." p. 354. "The evidence of four women alone, however, is not accepted (contrary to what

analogy would suggest), because if it were, there would be frequent occasions for their appearance in public, in order to give evidence; whereas their privacy is the most laudable." p. 354. 17) Galab Gabalov, Die Protokollbucher des Kadiamtes Sofia, tr. Herbert Duda

(Miinchen, 196o). Cf. index, p. 434. "Frauen als Bevollmachtiger", "Frauen als Bevollmachtigte", "Frauen als Vormund." Women in Ottoman Sofia and Vidin could serve as vekils and vasis. Goitein mentions women designated as wakila who were particularly active in selling handicrafts produced at home by other women,

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WOMEN IN OTTOMAN RECORDS 73

woman would serve as vekil for her mother, sisters, or daughter-some- times even for her husband, father, or brothers. Usually the business was

a relatively straight-forward one involving inheritance or property transfers. A woman might handle more serious matters as vekil, but usually only for female relatives. Probably men were considered superior for the office, although legally anyone could be a vekil-a principle to which the court seems to have adhered. Trusting a wife or a

female relative as one's vekil even in an estate settlement or property transfer means in effect giving her the power of attorney over one's property, a major responsibility.

Ali bn Mustafa, his sister Sehzade, his mother Umm Gulsum bint Idris, and Suleyman, who has his mother Umm Gulsum as vekil for the matter, acknow- ledge in the presence of Imam Ebu Bekr Halife bn Abdul-Latif Halife: An estate at Husayinlu mahalle is sold to Ebu Bekr for 6o0gurus. [II 74-411; 15 Saban Ior 5] Cemile bint Abdur-Rahim, Akila bint Mustafa, and Ibrahim bn Abdur-Rahim,

who has his sister Cemile as his vekil, acknowledge in the presence of Mevlana Seyyid el-Hac Mahmud Efendi bn Seyyid el-Hac Salih Efendi: We exchange our house at Haci Avz mahalle with Seyyid Mahmud for his house in the same mahalle. We renounce claim to his debt to us. [2o 181-1; 15 Rebi II oz28] Merziye Hatun bint Suleyman of Gulluk mahalle acknowledges in the presence

of Ine bint Subhan Virdi of the same mahalle: Her son Yusuf bn Ahmed made

her vekil to divorce me (talak-i bayin). I renounce claim to nafaka, 'iddet, and Zevciyyet and I share of a mill in the mahalle for 20o akfe. [22 9-4; 23 Sevval 1030]

Ayse bint Ahmed has been made vekil for the sale by Suleyman bn Halil. [27 71-6; 19 Sevval 1035]

Ayse bint Ahmed of Hasbeg mahalle, for herself and as vekil for the sale for the aforementioned Suleyman, acknowledges in the presence of Kapuci Haci Musa bn Haci Ibrahim: She sells a site for a house in the mahalle for 5 gurus. [27 71-7; 19 Sevval 1035]

Sinan v. Rustem of Talas village, a zimmi, has his wife Turfende bint Kara Koc as vekil, who acknowledges in the presence of Mustafa Pasa bn Ibrahim, vekil for Guc zade Suleyman bn Abdullah: Sinan owed Suleyman I1 gurus. To settle the debt, Suleyman is given a vineyard at Talas next to vineyards of Huseyn Pasa,

Devlet (zimmi), Bahadur (zimmi), and Bahsi (zimmi). [ii 29-182; Rebi II o1041 Altun bint Hoca Beg, for herself and as vekil for her children Yusuf and Kaya,

orphans of the late Aga Can v. Kesis, sells I a vineyard at Egri Bacak nahiye to Sinan v. Mihail. The vineyard is next to others of Bagadasar, Sefer, Murad, and Kara, all zimmis. It is sold to provide nafaka for the orphans. [12 170-I6;22 Zilkade 10o 17]

and he mentions an instance where a man had a wakila to represent his interests. Mediterranean Society, v. I, p. I 29.

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74 R. C. JENNINGS

Han Aga, wife of the late Haci Mustafa, for herself and as vekil for her children, sells a menZil at Hisarcik village to Bayram bn Musa for 9 gurus. The menZil is next to property of Veli, Mehmed, Subhan Virdi, and Seyfullah. It is

sold to provide nafaka for the orphans. [12 i88-Io; 2i Zilhicce Io0171 Dondi bint Rum Beg is vekil for her father to give her daughter Meryem a

vineyard at Imrem mahalle. [zz 53-6; 8 Rebi II Io3i]

Earlier Islamic legal practice may have denied some women the right to be vasis (guardians) of their own children, custody going instead to the family of the deceased husband. However, at the Kayseri court women seem to have served as vasis for their own children more often than all the combined representatives of the families of the deceased husbands. The paternal uncle ('amm) did often serve as vasi, but probably

more often as naZir. Sisters, aunts, and grandmothers on both sides were eligible for the office of vasi. However, whether for boys or girls, the mother was most commonly appointed vasi for her children when

she survived her husband. In a few cases, the mother was naZir when someone else was made vasi. The standard which the court used in

choosing a guardian is not clear, but it is clear that the court regularly preferred the mother and her family as guardians of minor children 18).

Meryem bint Abdullah is appointed vasi for her children, the orphans of the late Sefer of Tutak mahalle. [24 13-5; io Receb 1o3 z]

Fatma of Constantinople, zevce'-i metruka of the late Haci Huseyn of Kayseri castle and vasi of his orphan, her daugther Ayse, has as vekil for the matter Solak Mustafa Beg bn Abdullah, who acknowledges in the presence of Mustafa, the full brother of the deceased: She sells her share of the inheritance and

Ayse's for 1500 akce, which she has received in full. [27 17-4; I1 Saban Io35] When a vasi was necessary for (name illegible) and Mihail, children of the

late Iskender v. Kostendil of Selman mahalle, their mother was appointed. [zz 4-8; I5 Sevval 1030]

When Tamam, the mother of Devlet, the orphan of the late (name illegible) of Talas village, re-married, the right of raising the child (hakk-i hirane) went to his mother's mother Gul Hatun bint Timur. 24 akfe per day is allotted for the aforementioned orphan, and his grandmother Gul Hatun is appointed vasi.

[23 2-12; I , Saban I 032] When a nazir was necessary over Ahmed Beg bn Abdullah, vasi of the girl

i8) The Hedaya says the male child until age seven and the female child until puberty stay with the mother or her relatives, but the "natural guardian" of children is always the father or his executor. p. 139.

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WOMEN IN OTTOMAN RECORDS 75

orphan of the late Haci Mustafa Beg, her mother Safiyye Hatun bint Bali Aga was appointed. [z7 13-2; 5 Saban 10351] When a vasi was needed for the orphans of the late Mehmed bn Devlet Sah of

Gomec village, Ahmed bn Gance Sefer was appointed. Their mother Gul Ana bint Pir Ahmed was appointed naZir. [22 18-3; 20o Zilkade 1030]

d. Marriage, divorce, and married life.--The court records give a few useful insights into marriage and domestic relations in seventeenth century Kayseri. In view of the familiar stereotypes of Islamic family life, of women forced or sold into marriage against their will, tyrannized

by heartless husbands and divorced at a whim, and in the light of modern

studies concerning customs of "kidnapping" brides, obsession with virginity and chastity, and violent crimes of passion frequently arising out of cases of infidelity or rape and leading to interminable feuds, it is interesting to consider what the Kayseri sicils contain on these subjects. Schacht says Islamic marriage "... is a contract of civil law, and it

shows traces of having developed out of the purchase of the bride; the

bridegroom concludes the contract with the legal guardian (wali) of the bride, and he undertakes to pay the nuptial gift (mahr, sadak) or 'dower' (in the sense in which the term is used in the Old Testament)

not to the walli as was customary in the pre-Islamic period, but to the wife herself" 19). The Hedaya makes clear that the "dower" should go to the wife, not to her husband 20). "A woman may refuse to admit her husband to carnal connexion until she receive her dower of him, so as

that her right may be maintained as to the return, in the manner as that

of her husband to the object for which the return is given, as in sale" 21).

Paul Stirling raises the question of "sale" in his study of Sakaltutan village. "It has been argued, sometimes fiercely, that the payment of bride price, or marriage payment as it is often called, is not sale." He found that the villagers used words implying buy and sell (satmak, vermek, almak) in discussing marriage. "Yet in fact the villagers them- selves insist fiercely that this is no ordinary sale. 'Are our daughters

19) Schacht, Introduction..., p. 161. zo) The Hedaya, p. 44 f. z2) The Hedaya, p. 54.

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76 R. C. JENNINGS

cattle that we should sell them?' Nowadays, the bride price is often regarded, especially by educated observers, as a quid pro quo for the trousseau. The villagers themselves insisted time and again that every honourable father is out of pocket over his daughter's wedding, in spite of the bride price" 22). However, in the villages to the north and the northwest, and in Kayseri itself, "... in place of a bride price paid in cash to the father, the father of the groom supplies the girl with gold

ornaments of an agreed value." The gold jewelry belongs to the bride and she takes it with her to her new husband 23). Payment of mehr in such a fashion is obviously closer to the principles of Islamic inheritance,

although Stirling does not point out this similarity.

The custom of present day Kayseri and its more sophisticated villages was the custom of the early seventeenth century also. The dowry was

the property of the woman. If such a marraige is to be considered a "sale", then the seller is the bride--a strange sale indeed ! Marriage had to be voluntary. This is an established point of Hanefi

law, and its violation can lead to an annulment by a court, if a com- plaint is lodged. The Kayseri court firmly upheld this principle on the few occasions when confronted by it. Presumably Kayseri parents of the seventeenth century arranged marriages for their daughters with the same love, hope, and responsibility that they do now, so that there need have been few reluctant brides. Of course, the traditional social

order encouraged acquiescence to the choice of husband made by a girl's family, so family loyalty, family pressures, and community pressures would overcome most hesitance or reluctance on the part of the girl, while those same pressures would doubtless have worked to prevent a father from forcing a daughter to marry an unwanted suitor. For such a matter to come to court would surely bring shame on the

family, especially on the father as its head, even if he were really acting in the best interests of the girl.

The number of complaints brought by women claiming to have been forced into marriage were quite few. Perhaps some women, especially

z22) Stirling, Turkish Village, p. I 85 f. 23) Stirling, Turkish Village, p. I86.

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WOMEN IN OTTOMAN RECORDS 77

village women, were not even aware that they had such a legal right, or could not have imagined how it could be relevant to their own lives. Nevertheless, the few times women unwilling to marry did seek refuge at the Kayseri court their right to resist was categorically upheld, against guardians, uncles, brothers, and fathers. There were even a few cases where girls who had been "wed" as children came to court when they came of age to indicate formal consent to (or repudiation of) the marriage, probably as a prelude to the actual consummation of the marriage.

Saliha bint Abdul-Hayy Efendi has designated as vekil Muderris Mevlana Mehmed Efendi, who says: When my muvekkile was young (sagire), they made her engaged (namzad) to Janissary Mustafa. Now she is of age and she renounces this engagement. [I5 79-8; 29 Saban 1019]

Meryem screamed (feryad) in court: I will not go to this Kutlu v. Hizir Bali.

[19 7-9; 15 Receb 1025]

(The following five cases were recorded carelessly but they are quite interesting.)

Halil bn Yakub: I gave may daughter Cemile in marriage to Abdul-Gaffar bn Hasan. They did not live together (zindegane). [19 53-4; 17 Muharrem I0271

Cemile: They said they had married me to Abdul-Gaffar. When he came, I screamed (feryad) and when I tried to flee (kacmak), he beat me and used force (cebr). We stayed together two months. This is denied by Abdul-Gaffar. My uncle was vekil for me. Cemile says: I was married by force (ikrah). [19 5 3-5; 17 Muharrem 1027]

Abdul-Gaffar is given fifteen days to bring witnesses. [19 53-6; 17 Muharrem 1027]

Cemile bint Haci Halil: I have been Abdul-Gaffar bn Hasan's wife (nikahlu) for five months. Two months ago I fled from him. [19 54-I; 19 Muharrem 10o7]

Cemile bint Haci Halil was entrusted to Yusuf for safe keeping. When she would not go to Abdul-Gaffar of her own free will (riza), it was recorded that two conditions (sart) were made: that she would not be taken away from here and

that she would not be struck contrary to the sharia. [19 54-3; 20 Muharrem oz27] Abdul-Gaffar bn Hasan: Cemile bint Haci Halil and I did not live together

(zindegane). She has given up claim to 0o,ooo akfe mehr, nafaka'-i 'iddet, and other zevciyyet and I have received 20 guruf bedel-i hul' from her. Hul' is announced. [19 55-9; 29 Muharrem 1027]

Ayse bint Mustafa Basa: I have come of age (baliga ve akila). I will not accept the marriage (nikah) that my uncle ('amm) Mahmud has arranged. I terminate it (fesh). I make Emir Ali bn Hamdi my vekil for everything. Ali accepts. [20 41-2; 12 Cumadi I 10o27]

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78 R. C. JENNINGS

Fatma bint Mustafa has as vekil for the matter Oda Basi Musa Beg bn Abdullah, who acknowledges (ikrar) in the presence of Ibrahim bn Ali: The aforementioned Fatma, who has made me her vekil, was married (nikah) to Ibrahim when she was two years old by her father Mustafa bn Ahmed. Now she is more than fifteen years old and she accepts the marriage that her father arranged. Ibrahim confirms this. [zo20 159-2; 13 Rebi I ioz8] Asya sets forth a claim (takrir-i kelam) in the presence of Kilic bn Hizir: I did

not make my uncle ('amm) Kilic my vekil to marry me to this Ahmed bn Barak. Kilic insists that he was so appointed. Mehmed bn Ebul-Kasim and Hakkvirdi say that she appointed her uncle as her vekil five months earlier and that she is married (nikah, menkuha) 24). [20 174-4; io Rebi II ioz8] Nazili bint Murad: I did not give permission to be married to Bahsi v. Kaplan.

I have no witness. I will go marry Vartan. [2z 34-12; selh Zilhicce 1030] ?ehroz bint Haci Veled says: I will marry Ferhad's son Veli. [22 25-3; 6

Zilhicce 1030] Nazili bint Urail made Rumseh v. Kara Beg her vekil to marry her to Gulbende

v. (illegible). [22 37-5; 7 Muharrem 1031] Sakina Hadice bint Ahmed of Gulluk mahalle makes her uncle Seyyid Mehmed

bn Mustafa her vekil (vekil-i mutlak) to marry her to Abdul-Hayy. [22 63-1; 7 Cumadi II 1031] The virgin (bakire) Sultan Kaya bint Yovan (zimmia) of Rumiyan mahalle

acknowledges in the presence of her uncle Yuri v. Suh zimmi: I made my uncle Yuri my vekil to marry me (nikah) to Bahsi (zimmi). I accept this marriage. [27 46-3; 25 Ramazan 1035] Haci Bola bint Huseyn, of age (akila ve baliga), of Salurci Dere village of Ama-

siyya kaza sets forth a claim saying: On 28 I Cumadi 1 o34 my father Huseyn mar- ried me (nikah) to Spahi Mehmed Beg. When I heard this, I refused to accept it. I want that marriage cancelled (fesh) and I want to marry this Ibrahim ?elebi bn Keyvan. I did not give my consent to be married to Mehmed. A fetva is presented that if she is of age, her father cannot marry her against her wishes (riTa). If Hind is of age, can her father Bekr marry her against her will to Amr? Can Hind have this marriage annulled and go marry another? Yes, the marriage is annulled and permission is given for her to marry Ibrahim Celebi. [Amasya sicil 1 19-2; selh Cumadi I 1034] Abdul-Ahd bn Nebi Seyh of Huseyinlu rnahalle sets forth a claim in the

presence of Hizir bn Musa: While I was in another province (vilayet), Nebi married my daughter Fatma to Hizir without my permission. In fact, Hizir committed fornication with her before marrying her. Hizir responded: Three years ago when he went away he wished his daughter to marry me. His wife, Fatma's mother Emine, had us married (nikah) in the presence of the Muslims. We had no knowledge of where he was or what he was doing. When the matter was put to the people of the mahalle, no one knew where he was. The people of the mahalle then testified that Abdul-Ahd had expressed favor toward the marriage before he left. [Is 18- 5; gurre Cumadi I or19]

z4) No further development in this case occurred in the sicil. The court of course accepted the testimoney of the two witnesses, but it had no means but moral dia- approbation to force Asya to accept the marriage.

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WOMEN IN OTTOMAN RECORDS 79

Mutahher bn Cebrail of Haciler Kurds has as his vekil for the matter his

brother Cafer bn Cebrail, who sets forth a claim in the presence of Sah (illegible) bint Huseyn of Kabak Seyh village: She is my muvekkil's wife (menkuha), but she will not go to him. She replies that she is not Kurd Mutahher's wife and will not marry him. [zo 79-3; 24 Receb 1027]

Abdur-Rahman bn Haci Abdi of Kabak Seyh village sets forth a claim in the presence of Sah (illegible) bint Huseyn of the same village: She is my wife. Now she will not come to me. She replies that she is not his wife and will not marry him. [20-79-4; 24 Receb 1027]

Ayse bint Yusuf has as vekil her mother Sultan bint Yusuf, who sets forth a claim: My daughter Ayse married her younger sister without her consent to Semsi Dilaver. She exceeded her authority (fu!ulen nikah). Let Muslims investiga- te. I have a fetva indicating that annulment (fesh) has occurred. If Hind marries another without knowing before marriage that his uncle and father are black- guards, can their marriage be annulled? Yes. Two witnesses testify that Ayse exceeded her authority. Then annulment was granted. [20 95-3; I Ramazan 1027]

Elif bint Ibrahim of Zamanto: I will marry Yakub bn Suleyman in accordance with God's order and as Peygamber's (the Prophet's) slave. Written at the request of Hasan bn Ibrahim. [23 4o-6; 18 Zilhicce 1o32]

Dondi bint Himmet makes Sefer bn Ibrahim vekil to marry her to Mustafa bn Mehmed. [Karaman i 28-1; no. 116]

Ayse bint Mehmed Beg of Kegeci mahalle appoints Sefer bn Suleyman as vekil to marry her to Ramazan bn Mustafa. [Isparta 2 3-2]

Cennet bint Huseyn, a virgin (bikr) of Yahya (?) Abdallari village, sets forth a claim in the presence of Ali Dede of the village: Previously, when I was a minor (sagire) my mother made me engaged (namZed) to Ali Dede's son Satilmus. It was not free; some goods were taken. Now I am of age and I do not want to go to the aforementioned Satilmus. Ali Dede says his son was engaged to Cennet

(namZed) but not married (nikah) to her. When Cennet's wish was made known, Ali Dede was restrained from interfering. [Amasya i 7-4; III Rebi I 10341

According to the above fetva and according to the Hanefi school of law, a woman who is of age (who has reached puberty) cannot be married against her will, and in fact she can marry someone of her choice, even against the will of her father 25). Girls who are not off age

25) "A woman who is an adult, and of sound mind, may be married by virtue of her own consent, although the contract may not have been made or acceded to by her guardians; and this whether she be a virgin or a Siyeeba (i.e., not a virgin).-This is the opinion of Haneefa and Aboo Yoosaf..." "on the other hand, Malik and Shafei assert that a woman can by no means contract herself in marriage to a man in any cir- cumstance, whether with or without the consent of her guardian." "It is not lawful for a guardian to force into marriage an adult virgin against her consent." The Hedaya, p. 34. This is Hanefi law, the law that prevailed in Kayseri and the other Anatolian

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80 R. C. JENNINGS

can be married without their consent by their fathers or guardians, but

minors seem to have remained with their parents until they came of age, and there was no consummation before that. When both parties came of age each had the right to decline to consummate the marriage and so to be left free to marry someone else 26).

The following text and fetva are also relevant to this matter:

Oruc bn Hamze sets forth a complaint in the presence of Emine bint Himmet: While I was in the city and had no news about it, Omer's grandfather married Emine to my young son Omer. I will not accept this. I have a fetva that says the marriage is not valid without my consent. The fetva states that he cannot be married without his vasi. Oruc takes an oath that he did not give consent to the marriage 27). [20 22-I; I Rebi I 1027]

The "kidnapping" or taking by force of brides was probably not a

custom, at least in the kaZa of Kayseri. Virtually no complaints of this

Turkish cities. The reasoning is explicit: "The argument of our doctors is that the woman, in this case, is free, and a Mokkatiba (that is, subject to all the obligatory observances of the law, such as fasting, prayer, and so forth), wherefore no person is endowed with any absolute authority or guardianship over her; contrary to the case of infants, over whom others are necessarily endowed with this authority, the understanding of such being defective, whereas that of an adult is held complete, in consequence of her having attained to years of discretion; for, if it were other- wise, she would not be subject to the observances of the law: from all which it follows that this woman is the same as an adult son; and that all her acts with respect to matrimony are good and valid; neither is her father empowered to make seizin[g] of her dower without her consent expressed or virtually understood as he is not at liberty to do so where she has forbidden this." The Hedya, p. 34 f. z6) Cf. Schacht, An Introduction..., pp. I66i f.: "The wali can give his ward in

marriage against her will if she is a minor, but when she comes of age she has the right of recission; some, however, hold that she does not have this right if it was her father or grandfather who gave her in marriage." Compare The Hedaya, p. 36: "The marriage of a boy or girl underage, by the authority of their paternal kindred, is lawful, whether the girl be a virgin or not, the Prophet having declared, 'Marriage is committed to the paternal kindred.' " However, "... a provision is made against any evil consequence, by vesting in the child an option of acquiescence in the match after puberty, which acquiescence is necessary to constitute its validity." p. 37: "If the marriage of infants be contracted by the father or grandfathers, no option after puberty remains to them; because the determination of parents in this matter cannot be suspected to originate in sinister motives as their affection for their offspring is undoubted; wherefore the marriage is binding upon the parties, the same as if they

had themselves entered into it after maturity." Cf. M. Ertugrul Diizdag, ,Seyhiilislamn Ebussuud Efendi Fetvalart (Istanbul, 1972); p. 3 8, # 3 8, 39, 40. 27) The boy, of course, was a minor.

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WOMEN IN OTTOMAN RECORDS 8I

type were made before the court. True, celali and other brigands some- times carried off women along with the wealth of villages they despoiled,

but this behavior does not fit into the proper scheme of kidnapping brides, for the brigands were from outside the local social order and the

carrying off of women was only a part of their banditry (sometimes they carried off village men, too, to force them to cultivate elsewhere).

The term kiZ kafirmak does not appear in the court records. Indignant fathers did not exhort kadis and police to urgency to save virginal daughters. If such an "institution" existed in Kayseri kaza at the beginning of the seventeenth century it was of such a nature that it was not brought to court 28). Such incidents were uncommon. The one cited below is important because of what it reveals about the position of women:

Asya bint Kalender Bese and her mother Mudam of Cirvaluk village set forth a claim in the presence of Ferhad Beg bn Haci Cafer of the ebna'-i sipahiyan: Ali bn Sefer, Gunduz, Iskender, Kara Musa, and others of our village attacked my house and carried off my daughter Asya and some of our possessions. [zo 9- 3; I Rebi I 1027]

The above Asya and Mudam have as vekil the aforementioned Haci Ferhad Beg, who sets forth a claim in the presense of Ali bn Sefer of the same village: Ali, his wife, his daughter, and others stormed the house of my muvekkile, carrying off Asya and some possessions of theirs. Ali denies this: I did not take their possessions, and her daughter earlier had taken a fancy to my son. She came to my house (of her own volition). [zo 9-4; I Rebi I 1027]

Asya bint Kalender Bese has as vekil for the matter Haci Ferhad Beg bn Haci Cafer, who sets forth a claim in the presence of Ali bn Sefer: Ali's son took Asya's virginity (kizlik). Ali denies this, but Haci Ali Basa bn Abdullah and Hasan Beg Mustafa testify that Ali's son took her virginity. [zo20 11-3; io Rebi I 1027]

The above Asya has as vekil the aforementioned Haci Ferhad, who sets forth claim in the presence of Ali bn Sefer: Ali took Asya to his house with her possessions. Ali admits kidnaping her but insists that she came to his house of her own free will, and then when the muhZir came she left of her own free will.

z8) The criminal codes (kanunname) of the Boz Ok and Zulkadir Turkmans contain specific regulations against kidnaping brides (kit kapmak, ki, fekmek). Omer Liitfi Barkan, XV ve XVI asirlarda Osmanli Imparatorlujunda zirai ekonominin hukuki ve mali esaslari, vol. I: Kanunlar (Istanbul, 1943), p. I26, #15, 16; p. I21, #15. The provinces of these Turkmans bordered Kayseri province on the north and east, so Kayseri too must have experienced some kidnapping of brides. Still, the sharia was probably more firmly entrenched in Kayseri. Szyliowicz calls "girl-kidnaping" a "nomadic" tradition "of long standing." p. 5 I. cf. p. 89 f.

Journal of the Economic and Social History of the Orient, Vol. XVIII, Part 1 6

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82 R. C. JENNINGS

Ferhad denies this. When Ali's wife is asked to testify, she confirms that the girl

came of her own free will. [zo20 i-; 16 Rebi I I027] The above Asya bint Kalender Bese sets forth a claim in the presence of Ali

bn Sefer: Yesterday Ali, with his wife, daughter, and others, came to our house and took me to his house. They kept me there one night. The next day the muh7ir came and took me to court. Ali again asserts that the girl came to his

house of her own free will. [zo I2-Z; 16 Rebi I ioz7] The above Asya has as vekil the aforementioned Haci Ferhad Beg, who makes

a claim in the presence of Ali Beg bn Sefer: I want the property she brought. Ali claims he was in the garden when she came and so does not know what posses- sions she brought. [zo 22-3; I Rebi II I027] Ali bn Sefer of Cirlavuk village sets forth a claim in the presence of Musa,

Haci Mehmed, Himmet, Ramazan, Pir Ali, Veli, and others of the village: Why did Kalender Bese's daughter Asya come to my house? Let them be asked. The people of the village reply that she came of her own free will. She was not brought by force. [20o 22-4; I Rebi II 1027]

Divorce, like marriage, was normally performed outside the court and

so the sicils provide no divorce statistics. However, the special kind of divorce called hul' is a divorce granted by a husband at the request of his wife. Unlike conventional divorce which is unilateral on the part of the

husband (tatlik ettim), hul' has an element of reciprocity and common participation on the part of the two partners (hdu' okuztuk). When a man consented to this kind of divorce, the woman usually agreed to give up claim to her mehr-i mueccel, 'iddet, or perhaps some debt her husband owed her-in short she was required to make some kind of sacrifice (sometimes, in fact, only token, but other times very considerable) to deserve the favor she was being allowed. The married couple then mutually agreed to separate 29). Summaries of a few cases of hul' will suffice to illustrate the general

way that they were handled at court:

29) According to Schacht, a "variant form of repudiation" is "... the kulh', by which the wife redeems herself from the marriage for a consideration." Introduc- tion. . ., p. 164. Compare The Hedaya, p. I i i : "In law it signifies an agreement entered into for the purpose of dissolving a connubial connexion, in lieu of a compensation paid by the wife to her husband out of her property." Compare also Linant de Belle- fonds: "Pour tout Musulman, meme quand il est frotte de quelque culture juridique, le hul' est une separation definitive, convenue entre epoux, moyennant une com- pensation payee par la femme." Yvon Linand de Bellefonds, "Le 'Hul' ' sans Com- pensation en Droit Hanafite," Studia Islamica 31 (1i970) 185.

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WOMEN IN OTTOMAN RECORDS 83

Seydi bn Kasim of Karlik village of Urgub kaza has his brother David Fakih as his vekil for hul', who acknowledges in the presence of his wife ('avret) Emine bint (name illegible): Because they do not live together (zindegane), Emine renounces all claim to mehr-i mueccel, nafaka'-i 'iddet, and other Zeviyyet. Seydi divorces her three times. Emine accepts this. [17 18-5; 23 evval 1022]

Mehmed bn Haci Ali acknowledges in the presence of Fatma bint Turmus: We were not living together (Zindegane). She renounces claim to all mehr-i mueccel and other Zevciyyet. I divorce her (hul'). Confirmed by Fatma. [17 34-4; 27 Zilkade ioz2]

Emine bint Mehmed appointed Veli Efendi as her vekil for the matter of hul' with her husband Haci Abdur-Rahman bn Haci Mustafa. She renounces mehr

and nafaka and receives a farfsaf (sheet) and a yorgan (quilt) as payment for hul' (bedel-i hul'). [23 2-3; 13 Saban 1032]

Gevher bint Kara Bid appointed Hizir v. Polad as vekil for hul' with her husband Yagob v. Babek. She renounces mehr and nafaka. [23 4-Io; 2o Saba 1032]

Osman: Hanzade bint Hasan took io 'osmani, giving up claim to mehr and nafaka'-i 'iddet, and I divorced her (hul'). [23 43-13; 27 Zilhicce Io32]

Kadi Mevlana Seyyid Omer Efendi bn Ahmed's daughter Fatma has as vekil for the matter kadi Seyyid Mehmed Efendi bn late nakib ul-esraf Abdul-Kadir Efendi, who acknowledges in the presence of kadi Seyyid Inayetullah Efendi bn Ramazan Efendi, who is vekil for Seyyid Muharrem Efendi bn Ebu s-Su'ud Efendi: Fatma renounces all claims against Muharrem Efendi for mehr-i mu'eccel, nafaka, and other -evciyyet and states that he divorced her of her own desire (muhala'a), so they are divorced. Muharrem Efendi's son Ebu s-Su'ud S(elebi is to be paid 15 akce per day for maintenance (nafaka and kisve). [12 7o-Io; 29 Muhar- rem ioi6]

Sali bn Ali and Mustafa bn Ali testify that Ali bn Ummet told his wife Kamer- ullah that he divorced her three times if she gave up claim to all payments in money and goods. [22 26-Io; 12 Zilhicce 1030]

Rabia bint Ali of Gulluk mahalle acknowledges in the presence of her husband Abdur-Rahman bn Himmet: He gave me half a house in the mahalle for mehr but since we are not living together (Zindegane) I gave it back to him, and I renounce claim to mehr, nafaka, and other Zevciyyet. He pronounced hul' and I accepted some cloth and 2 gurus bedel-i hul'. Our little daughter Cemile is to stay with me until she is nine. [24 3-5; 28 Cumadi II 1032]

Osman Beg bn Abdullah of ebna'-i sipahlyan of Kayseri acknowledges in the presence of Huseyn (elebi bn Ali, who is vekil for the matter for Emine bint Yusuf Cavus: Besides renouncing her claim to mehr, nafaka'-i 'iddet, and other Zevciyyet, Emine has given me my slave girl (cariye) Sakire. We mutually renounce all claims against one another. If either of us makes another claim against the other, it should not be heard at court. Emine accepts this. [z5 83-1; 13 Cumadi II 1034]

Hedayetullah bn Sultan Hoca acknowledges in the presence of his wife Ayna bint Ibadullah who has Abdi Beg as vekil for the confirmation: We were not living together (Zindegane). When she renounced claim to mehr, nafaka'-i 'iddet,

and other zevciyyet, I divorced her (hul'). I gave certain goods bedel-i hul'. [27 28-5; 2 Ramazan 10o35]

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84 R. C. JENNINGS

Authorities have noted the giving up of mehr, nafaka'-i 'iddet, and

other Zevciyyet by the woman, but the giving of a stipulated sum of money or property (often called bedel-i hu!') by the husband to the wife apparently has not been observed, even though it was very common in Kayseri 30). Hul' seems essentially to have been a form of contract negotiated by the husband and wife to meet their particular needs; the frequency of payment of bedel-i hul' by husbands in Kayseri emphasizes the reciprocity of hid'. Hul' may be considered the undoing of the marriage process and marriage contract, since it often results in the return of the dower to the husband.

Should a man not agree to grant hul' to his wife, she still might flee to her father or a brother who would receive her. The woman or her

family might make claims against the husband for beating her, for not supporting her, for deserting her (but claims of beating and of non- support without desertion were very infrequent).

Ebu Bekr: He came and stole this woman from my house. Said in the pre- sence of Mustafa Kethuda. Mustafa bn Hasan Beg: Ebu Bekr's wife Cemile is my sister. I gave her to her father. [12 162-I2, I3; I0 Zilkade 1071. Cf. 12 i65-3, 4; 14 Zilkade]

Receb bn Abdullah sets forth a claim in the presence of Ibrahim bn Kasim: Ibrahim struck his wife Kamile, who is my daughter. Let him explain this. When

Ibrahim was questioned, he said Kamile was cruel (dilazar) to me. I struck her. [20 182-i; 19 Rebi II 1o28]

Memi of Haciler village sets forth a claim in the presence of Ilyas of the same village: Ilyas robbed my daughter Ayse's house. Yunus bn Mustafa and Mustafa bn Musa of the village confirm this. The girl's behavior is found to be good. [2o I89-3; 25 RebiII 1028]

Janissary Ali Basa bn Abdullah of Orta Hisar village of Urgub kaza has as vekil for the matter Janissary Haci Omer Beg bn Davud Beg who acknowled- ges in the presence of Omer bn Isa Dede who is vekil for his sister Ayse bint Isa Dede: When Ayse's husband Ali went away a year ago he told Ayse that if she renounced claim to mehr, nafaka'-i 'iddet, and other zevciyyet, he would divorce her at the end of a year. She did so. A year has passed. Divorce (talak-i suls) is pronounced. [zo 39-3; 7 Cumadi I 1027]

30o) Besides the examples cited above, see: 12 45-9 (29 Cumadi I io015); 14 22-7 (18 Zilkade ioi6); 15 34-3 (29 Cumadi I o019), 65-2 (28 Receb o019), 175-2 (18 Receb 0ozo), 185-5 (Iz-selh Saban 0o2o); 23 12-9 (9 Ramazan 10o32), 43-13 (27 Zilhicce 1032); 24 34-1 (12 Saban 1032), 48-1 (9 Ramazan 1032) 67-4 (selh Sevval 1032); 27 31-4 (6 Ramazan 1035).

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WOMEN IN OTTOMAN RECORDS 85

Himmet: I gave my sister Muslime in marriage to Ahmed. He is not supporting her. [zz 34-13; selh Zilhicce 1030]

Mehmed Bese: Altun took 50o gurus worth of wheat from my home. Altun replies that she took 4 kile barley and 4 kile rye from the property of her daughter Ayna, not from Mehmed. [13 36-; z23 Zilhicce Ioi8]

Ahmed bn Mehmed: Haci Tahir robbed my house, taking goods and 25 gurus. My sister Dondi was missing for io days until I found her today at his

house. [22 37-1; 6 Muharrem 10o3 i] Sefer v. (illegible) of Tavukci mahalle acknowledges in the presence of Ali

Basa bn Abdullah, vekil for his sister Turfende, wife of Sefer: I give her a vineyard at Ak Yazi nahiye for her mehr-i mueccel of 0o,ooo akce. We have no further claims against one another. [24 61i-; 18 Sevval 1032]

Nefer bn Ali of Kemer village acknowledges in the presence of Isa bn Bayram, father of his wife Emme bint Isa: We have divorced, and all mutual claims have been settled. All other claims have been renounced. [24 67-4; selh Sevval 1032]

Fatma bint Ismail of Gulluk mahalle has as vekil for the matter her father

Ismail bn Haci Mustafa, who sets forth a claim in the presence of Osman bn Haci Abdur-Rahman: He was my daughter's husband. Now he has divorced her. Confirmed by two witnesses. [z5 20-3; 23 Sefer 1034]

Emine Hatun bint Abdus-Selam of Kale'-i Pala in Amasya has as vekil for the matter her father Abdus-Selam, who sets forth a claim: My daughter Emine's husband Ebu Bekr divorced her. He has gone elsewhere, without providing maintenance for Emine's two children. I want 4 akce per day allotted for them. This is done. [Amasya 1 36-4; 6 Sevval 1034]

Islamic law requires that a wife must live at the home of her husband. A few times men asked the Kayseri court to enforce this law, but only once was the woman ordered to return to the man. In that case the

woman refused to obey two successive court orders, after which the case was apparently allowed to drop. Although the court was always ready to handle financial claims of husband against wife, it was unwilling

to use its coercive force to require women to return to their husbands,

even where the moral sanction of the sharia might properly have been applied. While generally no legal attempt was made to force a wife to live with her husband, husbands often used this sort of separation

(we are not zndegane) to justify divorce, particularly hud'. In cases of divorce the usual Islamic formula was followed. The

mehr-i mueccel reverted to the woman, who was then supported by the

husband's nafaka'-i 'iddet and other zevciyyet during the three months she was unable to remarry until it was canonically determined that she was not pregnant ('iddet). Then she was free to marry whenever and whom-

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86 R. C. JENNINGS

ever she wanted. Often she remarried immediately. Sometimes s he would have to have her former husband summoned to court and forced

to pay the appropriate cevciyyet. Other times the former spouse would have her come to court to testify that she had been paid all her Zevciyyet and had no further claims against him. If her husband had borrowed

from her mehr-i mueccel or from her personal property, the court would require him to pay the debt as soon as she proved to the court that it existed.

Reticence might be expected in matters involving divorce, but Kayseri women showed no hesitation in having their husbands hailed

before the court for mehr, nafaka'-i 'iddet, and other Zevciyyet.

Ayse bint Murad acknowledges in the presence of Mehmed bn Hoca: Mehmed was my husband but we were not living together (zindegane). He divorced me. I wanted 3000 akfe mehr-i mueccel and nafaka'-i 'iddet and some of my possessions. With the mediation of upright people (muslihrun) I have accepted 80o akfe, which I have been paid. I have no further claim against Mehmed. [ 7 3 z-6; 24 Zilkade I022]

Emine bint Hanefi sets forth a claim in the presence of Abdus-Selam bn Ali Fakih: He was my husband. He divorced me but he owed me 6o gurus evciyyet. Now I want it. Abdus-Selam claims Emine has some things of his in her posses- sion that he wants. With the mediation of upright people (muslihun), Abdus-

Selam pays Emine Ioo akfe and each drops all claims against the other. [7 33-1; z 5 Zilkade 1022]

Ayse bint Hamze sets forth a claim in the presence of Veli bn Minnet: Veli was my husband. He divorced me. Now he owes me 400 akfe mehr-i mueccel. Haci Abdul-Hayy bn Suleyman and Haci Ali bn Ramazan claim Ayse gave Veli the money as a present (hibe).

Ayse bint Hamze sets forth a claim in the presence of Veli bn Minnet: When we became married (nikah), Veli gave me various silver objects and some cloth as my mehr-i mueccel. Now he has divorced me and I want them. Veli denies this and Ayse has no proof. However, she takes an oath that he did not give them to her. [17 40-3, 4; 16 Zilhicce io022]

Ummihani bint Mehmed Beg: Idris was my husband but he divorced me. He owes me 15 00 akfe mehr, which I claim. Idris claims the mehr is only iooo akfe. [19 35-12; 5 Cumadi I 1026]

Cennet bint Veli sets forth a claim in the presence of Hasan Ali bn Seydi Gazi: Hasan Ali was my husband. He divorced me (bayin talak). He owes me iooo akfe mehr-i mueccel and nafaka'-i 'iddet. Hasan Ali asserts that they were not living together (zindegane) so she gave up her claim to mehr and nafaka'-i 'iddet in exchange for hul' (bayin talak). Two witnesses confirm Hasan Ali. [20 56-5; Io Cumadi II 1027]

Merziye Hatun hint Suleyman of Gulluk mahalle acknowledges in the presence

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WOMEN IN OTTOMAN RECORDS 87

of Ine bint Subhan Virdi of the same mahalle: Her son Yusuf bn Ahmed made

her vekil to divorce me (talak-i bayin). I renounce claim to nafaka'-i 'iddet, Zevqcyyet, and one-quarter share of a house in the mahalle for zoo akfe. [22 9-4; 23 Sevval 1030]

Abdur-Rahman bn Yakub of Boyaci village: I divorced this Meryem bint Muzaffer. Meryem claims 3000 akfe mehr and nafaka'-i 'iddet. [23 34-3; 24 Zilkade I032]

Nazili bint Abdullah of Hasbeg mahalle sets forth a claim in the presence of Haci Osman bn Ine Hoca: Osman was my husband but he divorced me. I want 2000 akfe mehr and nafaka. Osman claims his wife renounced claim to those dues in return for hul'. Two witnesses confirm Osman. [z5 37-3 ; 15 Rebi I 10341

(Name illegible) bint Mikdar acknowledges in the presence of Barak v. Yusuf who is vekil for Hizir v. Yusuf: Since I was not living with my husband Hizir, I accepted i z2 gurus and a donkey as bedel-i bul'. Hul' has been effected. Now we have no claims against one another. [15 I85-5; i2-selh Saban iozo]

The legal impediment most obviously to a woman's disadvantage was her inability to initiate divorce on her own, as her husband could. The

hul' divorce offered her relief only if her husband consented. A woman might take her property and go live with her parents or other relatives, or even set up a household of her own and be assured that her husband

would not be allowed to bother her, but divorce was something that only he could grant.

The wife's father often maintained a protective interest in his daughter

even after her marriage and so sometimes a father represented his daughter in court to protect her property rights, to secure better treatment of his daughter, to complete settlement procedures in a divorce, or to explain why his daughter had left her husband and returned to her family. A woman or her guardian might insist that a

husband-to-be accept certain conditions (sart) prior to marriage, such as not taking the girl away from her hometown or not taking another wife. Should the husband violate a fart, the court would order him to comply with its terms at once or be divorced. In fact, on occasion the

court might itself impose on a wife-beater, for example, the sart should he beat his wife again she might consider herself divorced 31).

31) A number of fetvas by Ebussuud regarding sart are presented by Diizdag, PP. 49-5 .

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88 R. C. JENNINGS

Cemile bint Haci Halil was given in marriage to Abdul-Gaffar with two conditions (fart), that she would not be taken away from here and that she would not be struck contrary to the sharia. [19 54-3; 20 Muharrem 1027. Cf. 54-1; 19 Muharrem 1027] Mustafa bn Abdullah of Molu village: If I strike my wife Ummi contrary to

the sharia, let her be divorced from me. [23 12-7; 9 Ramazan 1032] Oruc made a condition (fart) with his wife Akila that he would provide

maintenance (nafaka and kisve) and keep her in a separate residence (mekan). [23 58-9; 21 Ramazan 10331 Huseyn bn Hanefi acknowledges in the presence of his wife Kidemli bint

Haci Musa: If I strike Kidemli contrary to the sharia, let her be divorced from me. [27 48-1; 26 Ramazan 103 51 Kidemli bint Haci Musa sets forth a claim in the presence of Huseyn: My

husband Huseyn made a condition (fart) that I was divorced three times if he struck me contrary to the sharia. After the condition was made he struck me contrary to the sharia. Then we made hile and I went to another husband and after the completion of my'iddetI went to Huseyn again and again he struck me contrary to the sharia.When Huseyn was asked, he said I struck Kidemli, but I did not make a condition that she would be divorced three times. When Kidemli was

asked for proof, ?uhadar Yusuf Bese bn Abdullah and Israil bn Hasan testified confirming Kidemli and the condition (sart). It was recorded. [27 102-2; 17 Zilhicce 103 5]

Seyyid Abbas Celebi bn Seyyid Abdul-Aziz Celebi sets forth a claim in the presence of Haci Abdul-Mutlib bn Seyhi, who is vekil for the matter for his daughter Zahire: Zahire was my wife. My father said, if you divorce Zahire I will give you 2o,ooo akfe. I divorced her saying, if he gives me 20,0o00 ake I divorce her. But my father did not give me the money, so Zahire is not divorced. I have a fetva that should be examined. Fetva: If Zeyd tells his son Amr, if you divorce Hind I will give you 2o,ooo akfe and then Amr says if you give me 20,000 akfe let Hind be divorced, is Hind divorced if Zeyd does not give the money? The answer: No. Zahire confirms that this was the actual situation, so in accordance

with the fetva Zahire is not divorced. [15 17-1; 28 Rebi II 101o9] (Illegible) bn Mustafa acknowledges in the presence of Havva bint Yunus:

I divorced Havva because I failed to maintain a condition (sart). Let her come to the court. The conditions were that I would provide her maintenance and that I would not strike her contrary to the sharia.The woman gave her consent to the marriage. [(19 42-2; 13 Cumadi I 1026]

Osman bn Huseyn ?avus, who possesses a ziamet at Kizil Viran village sets forth a claim in the presence of Haci Musli bn Yakub: Contrary to the sharia Haci Musli took Hadice, the wife of his slave Ridvan, while she was still maried to him. Let him be questioned in accordance with the sharia and let the sharia be enforced. When Musli was asked he said: My slave Ridvan ran away five times. He made a condition that if he ran away again he would be divorced three times Then he ran away again. So, by God's command, I married her; Osman cannot make suit. I have a fetva. Osman is restrained in accordance with the fcetva. [27 33-3; 8 Ramazan io35]

Safiye Hatun of Kursunlu Mescid mahalle has as vekil for the matter her son-in-

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WOMEN IN OTTOMAN RECORDS 89

law Huseyn bn Ibrahim, who sets forth a claim in the presence of her husband Mehmed bn Hamze: Mehmed previously stated before the court: If I drink wine (surb-i hamr), let my wife be divorced. He drank wine. Let him be asked. Mehmed confesses, stating before the court that she should be divorced. [Amasya i io-z]

Safiye Hatun of Kursunlu Mescid mahalle has the aforementioned vekil Huseyn, who acknowledges before her husband Mehmed: According to the sart he said, I am divorced. I renounce claim to mehr and maintenance. [Amasya I 10-31

Ummi Hani bint Mehmed (elebi of the city has as vekil for the matter her father,who sets forth a claim in the presence of her husband Hasan (elebi bn Kara Beg: When Hasan ?elebi took another wife, he was doing injustice keeping them in one house, so he sent my daughter to another house and said you will get a living allowance every day, which is a condition for divorce before the court. My daughter went out to another house, but she has not received maintenance. I want a naib to be sent to investigate this. Court scribe Mehmed ?elebi and the Muslims whose names are listed below went to Hasan (elebi's house and found nothing there other than some onions and half a batman of flour. When they questioned Ummi Hani, she said that in two months they had brought her nothing more than some butter and bulgur, and he had struck her. When this information was reported in the presence of Hasan ?elebi, he was questioned. After he stated that he had not made any condition of that sort, he was ordered to

do right. [Amasya I 17-1]

What is even more remarkable is that problems arose occasionally between a husband and wife that required the husband to bring his wife to court. A husband might be anxious to recover his "wife" despite the fact that she had been living with another man since he went away; moreover, the husband might find it prudent, or necessary, to seek a remedy at court, rather than relying on force 32).

Ismail: This Mustafa will not give me my wife (hatun). They should be stopped. They want a divorce (bosmak). [12 174-6. 26 Zilkade 10o7]

Mehmed bn Abdullah sets forth a claim in the presence of zimmi Vartan: While I was away, Vartan unlawfully took my wife of 20 years Gulli bint Kara Goz (zimmi). Vartan claims that he heard her husband was dead.Two witnesses

32) Two fetvas from Ebussuud refer to legal attempts by "husbands" to recover "wives" who had taken up legal residence with new "husbands." Cf. Diizdag, p. 39, #47; P. 44, #79. The following observations by Stirling perhaps are applicable: "Even more striking, women are sometimes remarried when their husbands have not divorced them at all. In other words, de facto, a woman can leave her husband as easily as he can turn her out, if, but only if, her own natal household, or some other, will take her in. She can then remarry without stigma or public disapproval." "Land, Marriage.. .," p. 31.

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90 R. C. JENNINGS

confirm Mehmed's claim. Mehmed adds that he never divorced Gulli. [1 5 184-6. 12-selh Saban o02o] Ramazan Be?e bn Ali Beg of Zik (?) village of Zamanto kaza sets forth a claim

in the presence of Sokli (?) bint Mustafa Beg: She is my wife. I left on account of drought and scarcity and went to another place. We were married more than ten years ago. I have a fetva. The woman denies this. However, two witnesses con- firm Ramazan Bese. [2o 13-4. 18 Rebi I 1027] Hasan bn Kilic sets forth a claim in the presence of Fatma bint Veli: I have

been married (nikah) with Fatma for ten years. I went to another province for a few years, and while I was absent she married Murad. I have a fetva regarding this. Fatma claims that Hasan divorced her when he went to the other province, but she has no proof (beyjine). Hasan takes an oath that he did not divorce her. The fetva says, Is Zeyd's claim against Hind for marrying Amr while he was away in another province valid? The answer: yes. When proof is demanded of Hasan, two witnesses testify that Hasan and Fatma were married ten years ago and were still married when Hasan went away. [20o 27-3. 23 Rebi II 1027]. Habil sets forth a claim in the presence of Ayse bint Abdullah: She is my wife.

When I went away, she went to Omer Bese. Ayse claims Habil told her that if he did not return in three months she was divorced three times. Two wit-

nesses confirm her. [20 i II-I. selh Sevval 1027] Saban bn Mehmed: Four months after I went away this Hamdi bn Nasuh took

my wife Emine, saying she was divorced. I did not divorce her. However, Saban was not able to confirm the divorce (?). [22 43-2. I Rebi II 0o31]

Ahmed Bese bn Abdullah of Talas village sets forth a claim in the presence of muderris Seyyid Ali Efendi bn Ebu Ishak, who is vekil for Ahmed's wife Raziyye bint Hasan Beg and her sister Raziyye bint Bektas Beg: Their late brother Mehmed owed my father 15,ooo akge. I want it. The women claim the debt was paid, but they refuse (nukul) to take an oath when Ahmed proposes one. Still Ahmed is restrained (men'). [ 27 38-6. 15 Ramazan 0 3 51

Kadi Mevlana Huseyn Efendi bn Haci Ahmed sets forth a claim in the presence of Osman Bese bn Abdullah: I was engaged (namZed) to Haci Himmet's daughter Sitti for 7 or 8 years. In 1017 Sitti was married (nikah) to me at Haci Himmet's house. Then, while I was away, Osman Bese unlawfully took her. Osman claims he became married with Sitti after her father died, knowing nothing about Huseyn. Himmet bn Haci Ahmed and Huseyn bn Ali confirm Huseyn Efendi's assertion that Himmet had married his daughter to him. [15 184-5 ; after 12 Saban Io2o]

Abdul-Baki bn Hasan has as vekil his father Hasan who sets forth a claim in

the presence of Huseyn bn Haci (illegible) and Fatma bint Tanri Virdi: She married my son three months ago. Huseyn claims he married Fatma two years earlier. Abdul-Baki has no proof, nor does Huseyn. Fatma is asked and she asserts that she is married to Huseyn. [2o 98-2; io Ramazan 1027]

Habil bn Sinan of Hasbeg mahalle acknowledges in the presence of Mustafa Basa bn Abdullah: While I was away my wife Ayse bint Abdullah heard that I had died and then went to Omer Bese. I will not make a claim against Omer when he returns from campaign. But I want my son Sinan. Now I have received him. Habil's brother Mustafa is kefil binnefs for him. [2zo Io8-1; I6 Sevval Io27]

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WOMEN IN OTTOMAN RECORDS 91

Abbas bn Yusuf sets forth a claim in the presence of Omer bn Kabak Seyh: My wife Sahin bint Hasan Aga is gone. Omer has her. Two witnesses confirm that Omer has her, and then Omer admits taking her: I sent her to Receb's house in Develi. I will bring her here. (Heard) in the presence of Kayseri su basi Murad Beg. [20 IZ6-5 ; z2 Zilkade 1027]

Himmet bn Hoca: This Bulkar bn Haci Ramazan seduced my wife Ayse while coming from Istanbul; he took her and went. Bulkar says: After he divorced her and her 'iddet was completed, I married her. [z22 25-2; 6 Zilhicce 1030] Yakub bn Mustafa of (illegible) village sets forth a claim in the presence of his

wife Pasa bint Ibrahim: Formerly, while I was in Istanbul, she entered the house of Ali Efendi in Amasya, saying she is not married. Let her be questioned. Pasa says ten years earlier she went in marriage to Yakub for 3oo000 ake. I am married, but I was not pleased with him so I fled and now I am in the house of the afore- mentioned Ali Efendi. Let me renounce my marriage; let me be divorced. [Amasya i 8-4] Ali bn Ahmed sets forth a claim in the presence of Mustafa bn Abdur-Rahim

of Salur village: Mustafa seduced my wife Hadice, took her from the village, and came to the city. Mustafa says zaimn Mehmed made Hadice his wife (kofmak) and then he brought her to the city. When the people of the village were asked about Hadice's reputation (keyfiyyet ul-hal) four men and others of the village said that she is good-for-nothing (_yaramaZ) and a whore (fahife) who has had a relationship with Mehmed Sufi for two years. This was heard in the presence of Huseyn Aga, spahi of the village. [15 4-1; 24 Sefer 1019] Hagik v. Hatir sets forth a claim in the presence of Altun bint Agob: She is my

wife. While I was away, she went to this Yusuf v. Hobyar. I want the sharia enforced. Altun says she did not like Hagik's father so she went to Yusuf while her husband was away. [20 75-5; 22 Receb ro27]

Of course, the Koran makes explicit that "Men are in charge of women, because God hath made the one of them to excel the other";

so good women are obedient. Wives may even be beaten, though only for rebelliousness, and after warnings and banishment to separate beds has failed (Koran 4:34). However, the court supported any women who had been beaten contrary to the sharia (hilaf-i fer'-i serif) or in an unlawful place (na hakkyer). The wife must not be struck on the head or

face, for example, and her husband must not beat her in rage 33).

33) Compare these statements from Maliki law. "When a wife is wanting in the respect and submission she owes her husband, the latter shall exhort and remonstrate her: reminding her of duty's path, and telling her of the destinie of the life to come. If she makes no amends he shall cease cohabitation with her; should this prove of no avail, he may beat her, if he thinks that violence will have the desired effect. The blows are to cause no fracture, nor wound or serious bruise. If a wife has complaints against her husband, she may report to the Kadi, who shall, if the complaint is found

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92 R. C. JENNINGS

Musli bn Hamze of Kalenderhane mahalle: I did not strike my wife Teslime contrary to the sharia, and I did not torment her. I agreed to pay maintenance so far as I am able. [13 68-4; 7 Sefer 1019] Seydi Ahmed bn Mehmed and Haci Receb Basa bn Mehmed testify that

Hasan struck his wife Zahire in a forbidden (na hakk) place today. It was an injustice; it was ruthless. [19 30-10; 28 Rebi II 1026] Hasan grants his wife maintenance, admits he struck her contrary to the

sharia, and divorces her. [19 30-11; 28 Rebi II o026] Mustafa bn Abdullah of Molu village: If I strike my wife Ummi contrary to

the sharia, let her be divorced from me. [23 12-7; 9 Ramazan 103 21] Yunus bn Muzaffer agreed not to strike his wife Silvi in an unlawful (na hakk)

place. [23 16-2; 20 Ramazan 1032] When Imam Nu'man bn Abdul-Vehhab and Osman bn Mehmed and Himmet

bn Ali testified that this Abdul-Celil Aga struck his wife, he took an oath that he would not strike her contrary to the sharia. [23 16-4; 20 Ramazan 1032]

Huseyn bn Hanefi acknowledges in the presence of his wife Kidemli bint Haci Musa: If I strike Kidemli contrary to the sharia and live separately, let her be divorced from me. [27 48-1; 26 Ramazan 1035]

Muslime bint Haci Veli of Depecik mahalle sets forth a claim in the presence of Mustafa bn Mehmed: Mustafa struck me and knocked out two of my teeth. Let him be questioned. Mustafa denies it. Muslime has no proof. Mustafa takes an oath: I did not strike her with my fist and knock out her two teeth. [27 110-3; selh Zulhicce 1035]

Yakub bn Yakub of Alaca Suluk mahalle sets forth a claim in the presence of his wife Safiye bint Hamze: For four months my wife Safiye has not lived with me; she has lived in another place. It is my right to have her with me. Let her be asked. Safiye says Ermenak kadi Ahmed Efendi warned Yakub that if he struck me he would be divorced three times. Yakub accepted this, then he struck me constrary to the sharia, so I became divorced from him. Yakub denies this. However witnesses ('udul-i muslimun) former kadi Alaeddin Efendi bn Ahmed and Mahmud bn Alaeddin Halife confirm Safiye. They heard Yakub say that Ahmed Efendi had given him this condition. [Karaman I 8-3; no. 28]

A woman whose husband went away to work or to seek his fortune- not at all uncommon, for Kayseri men were quite mobile-and was not heard of for five, ten, or twenty years faced a real plight. The abandoned

wife had legal claim to a living allowance for herself and her children

to be just, severely admonish the husband as to his duties and may even cause him to be chastised. A similar complaint against a wife may also be submitted to the Kadi." "Besides, if it be proved before the Kadi, that the husband misbehaves towards his wife; for example, should he brutally beat her; then the wife may obtain a release, even though it cannot be proved that cruelty has been long continued." F. H. Ruxton, Maliki Law, Being a Summary from French Translations of the Mukhtasar of Sidi Khalil, London, 1916. p. ii9 f.

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WOMEN IN OTTOMAN RECORDS 93

from any of her husband's property which she knew of. A husband was obliged to support his wife and children, and should he fail to do so the court unhesitatingly made available to them any property of his, to

support them in the style to which they were accustomed. The court would even grant the wife the right to incur debts (istidane). But unless the husband left considerable property life might be hard for the wife and children.

In those days-not unlike the present in some ways-men left their towns and villages in surprising numbers for short or long periods to seek or to make fortunes. Yet a husband from whom no word (or support) had come for three or five years and whose whereabouts were unknown to all his mahalle or village could not be presumed dead, just as a man who lived in Istanbul could not be divorced by his wife. The court presumed her husband alive until two witnesses could affirm that he had died (or had been missing for 15 years)34).

(Name illegible) bint Ibrahim has as vekil for the matter Ebul-Kasim bn Ebu Bekr: Her husband Haci Omer left her and her daughter without nafaka and

34) "Consequently, according to the Shafiis, a husband refusing to pay mainte- nance to his wife is liable for breach of the contract of marriage and might therefore bring upon himself the dissolution of his marriage, whilst for the Hanafis a refusal by the husband to maintain his wife does not infringe in any way whatever the con- tract of marriage, which remains fully effective. The Hanafi wife may thus be left deserted with no remedy whatever, neither maintenance nor divorce." Y. Meron review of Conflicts and Tensions in Islamic Jurisprudence by N. J. Coulson in BSOAS 32 (1969) 624. Meron says that, as a consequence of this weakness in Hanefi law, fourteenth century Hanefi jurists would advise deserted wives to go to judges of the other orthodox schools of law. Cf. Diizdag, p. 44, fetvas #77-79. The book Traditions Populaires de l'Asie Mineure by E. Henri Carnoy and Jean Nicolaides contains translations of three Greek folksongs from the town of Ince Su (Nicolaides' birthplace), near Kayseri, which express laments of women for husbands long absent in Istanbul. Les Litteratures Populaires de Toutes les Nations, (Paris, 1888), v.z8, pp. 261-2 65. The traveller W. Ainsworth wrote of Kayseri-area Greeks long separated from their wives: "Marrying early, the men repair to Constantinople and Smyrna to trade, while to the women is left the care of the house, the flock, and the vineyards." "Journey from Angora by Kaisariyah, Malatiyah, and Gergen Kaleshi, to Bir or Birehjik," Journal of the Royal Geographi- cal Society, Io (1841) 304.

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94 R. C. JENNINGS

kisve 14 years ago. They are granted 5 akfe per day a piece from his property 36).

[zo 66-5; 8 Receb Io27] (Name illegible) bint Musli: My husband Haci Receb was struck by an arrow

while going from Haleb to Kilis. He died in Ramazan io 19. Let the testimony of Muslims who were there be heard in court.Two witnesses confirm what she says. [15 134-5; 23 Muharrem iozo] (Name illegible) Hatun has as vekil Huseyn Gazi Cavu?, who sets forth a

complaint: Her husband Ali Beg was killed on campaign last year. Let Muslims investigate this. Two witnesses confirm this. [15 162-6; 25 Cumadi I iozo] Hadice bint Sinan Aga sets forth a claim in the presence of Hasan Ali bn

Mahmud: When my husband Haci Ali went to another place, he made Hasan Ali his vekil to provide me with food and clothing. Hasan Ali produces two witnesses who confirm his claim that Haci Ali has died 36). [13 18-6; 19-26 Zilkade o 18]

A fair husband might tell his wife before departing that if he did not

return in a specified time (six months, or a year, or five years), she was divorced. Such a legal stipulation, pronounced before witnesses, was considered valid and allowed a woman relief from an otherwise inso-

luble problem.

Fatma bint Ramazan: When my husband Omer Dede left a year ago he said if he did not return in three months, I should be divorced three times. Confir- med by two witnesses. [12 156-7; 28 Sevval 10171

Haci Mustafa bn Ali: If I do not come in six months, let my wife Sultan Kaya bint Mehmed be divorced three times. [12 175-2; 28 Zilkade 1017]

Emine Hatun bint Omer of Gulluk mahalle has as vekil Mustafa bn Ine who sets

forth a claim in the presence of Suleyman bn Seydi, who is vekil for her husband Mehmed bn Kara (name illegible): When her husband went to another place, he left Suleyman as vekil to see that she had the necessities of life, which she wants from him. Suleyman, confirmed by two witnesses, says he has been made vekil to divorce her. [i 3 22-I; 28 Zilkade io18]

Ayse bint Ali sets forth a claim in the presence of Omer bn Ali: My husband Omer bn Ali went away saying if he did not return in two years I was divorced. This is confirmed by two witnesses and then the vekil named to perform the divorce does so 37). [15 68-6; 8 Saban i o 19]

Hasan bn Kilic acknowledges in the presence of Hasan bn Sah Kuli who is vekil for Hasan's wife (name illegible) bint Perviz: If I have not come to her

35) This woman had the legal right to claim nafaka on the day her husband left her without support but she seems to have neglected making her claim. Probably she did not need the money.

36) In this case, the vekil had to prove the death of his muvekkil in order to be relieved of the burden of continuing to support Hadice.

37) Clearly a scribal error has put the husband's name in the place of the vekil's, for the husband was not present.

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WOMEN IN OTTOMAN RECORDS 95

before the end of ?evval, o026, [i.e., in six months] let her be divorced. [19 28- 5 ; z6 Rebi II 1027]

Haci Ibrahim bn Haci Mehmed acknowledges in the presence of Mustafa Bege bn Abdullah: Mustafa is vekil for my wife Ayse who lives in Istanbul. I owe her 6ooo akje. If she does not get my zevdyyet within 12o days I make Huseyn Ba?a's father-in-law Ali Celebi my vekil to divorce her. Written at request of Mustafa Be?e. [20o 26-2; 22 Rebi II 0z27]

Janissary Ali Baga bn Abdullah of Orta Hisar village of Urgub kaza has as vekil for the matter janissary Haci Omer Beg bn Davud Beg who acknowledges in the presence of Omer bn Isa Dede who is vekil for his sister Ayse bint Isa Dede: When Ayse's husband Ali went away a year ago he told Ay?e that if she renounced claim to mehr, nafaka'-i'iddet, and other tevciyyet, he would divorce her at the end of a year [presumably if he did not return]. She did so. A year has passed. Divorce is pronounced. [2o 39-3; 7 Cumadi I Io27]

Gul Eser bint Bagadasar (zimmia) sets forth a complaint: My husband Ibrahim Basa bn Abdullah left me without nafaka and kisve and has not returned since he went away sixteen years ago. He said in front of Muslims that if he stayed in Istanbul six years he divorced me three times. Also I have a fetva. Mustafa Ba?a bn Abdullah of Vekse village and Ali Basa bn Mustafa of Efkere village confirm her claim. According to the fetva, if Zeyd left his wife to be divorced after certain time, may Hind remarry another person? Yes. [2o 5 6-4; io Cumadi II o27]

Hanefi law considers that married women have an absolute right to be maintained in a residence within a reasonable distance from their native

city. Probably some wives were unwilling to go off with their husbands and leave all else behind. One case refers to a marriage with a condition (fart) that the wife should not be taken elsewhere 38).

The sicils do not directly answer the question of how men regarded women who entered into second marriages; however, such women readily found husbands. Divorcees and widows regularly remarried, often right at the end of their 'iddet. Occasionally the new husband even found himself acting as vekil for his wife's claim for mehr or some other

debt against her former husband 39).

38) #19 53-4. 17 Muharrem 10oz27. "When the husband has duly paid to his wife the whole of her dower, he is at liberty to carry her wherever he pleases, because the word of God says, 'Ye shall cause them to reside in your own habitations.' Some have alleged that the husband is not at liberty to carry his wife to another city different from her own, although he should have paid the whole dower, because journeying and traveling may be injurious to her; but he is at liberty to carry her to the villages

in the vicinity of her city, as this does not amount to traveling." The Heydaya, p. 55. 39) Fanny Ellsworth Davis found it unacceptable for an Ottoman lady to initiate

divorce in the nineteenth century. "Whatever a woman's grounds, it seems clear that

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96 R. C. JENNINGS

Musliheddin Efendi: Fatma Hatun was divorced on z Muharrem. On z Rebi II, I gave the oath to Abdul-Baki and the woman and I married them (nikah). [12 34-14; 13 RebiI ll015] Sultan bint Mustafa ?avus of Ibrahim Hacilu village of Develu kaza acknow-

ledges in the presence of Isfendiyar bn Veli: My husband Fethullah died. On the day my 'iddet was completed I wished to marry Isfendiyar and so I did. [15 17-4; 29 Rebi II 10o9] Gulseh bint Yunus: My husband Haci Murad bn Ferhad died on the road last

year coming from the Ka'ba. Let the Muslims investigate this information. Two witnesses confirm Haci Murad's death. She has a fetva. If it is learned from Amr

that Hind's husband Zeyd has died, can she marry another? Yes. [20 5i-i; 29 Cumadi I 1027]

Ayse bint Abdullah has as vekil her husband Ahmed Celebi bn Huseyn Cavus, who acknowledges in the presence of her former husband Sinan v. Zeki: Reconciliation in claims regarding their divorce. [20 5-3; gurre Rebi I Ioz7]

Sitti bint Sah Ali: After my 'iddet is completed I will go marry Mehmed bn Mirza. [23 64-2; 4 Sevval 1023]

Fetva-After the kadi has determined that Zeyd divorced Hind and after her period is completed and she wants to go to another man, is Zeyd who divorced her able to prevent her from doing so? No. [24 93-4]

The fair speedy justice of the court doubtless tempered passions, for criminals were usually quickly apprehended and punished and the court could be just as severe in punishing vengeful excesses on the part of the injured 40). The villagers, as well as the people of the city, knew the reputation of the court, so they came there too. One suspects that, generally speaking, the homework-mother (social-economic) role of the women in Kayseri society was more important than sexual virginity and

chastity. The absence of indications within the sicils of frequent "crimes

in most circles it was socially unacceptable behavior for a woman to initiate a divorce. Such action was resorted to only by women of position, largely the sisters and daugh- ters of the sultan." p. 184. Szyliowicz found divorce "very rare" in Erdemli: "None of these was initiated by women, although they had the legal right to do so, for a divorced woman was considered immoral." He adds that the woman was always considered blameworthy in divorce. p. 94 f. The situation in seventeenth century Kayseri does not seem in accord with the findings of Davis or Szyliowicz on this matter. See Stirling, Turkish Village on remarriage, pp. 195 if: Villagers have an urgent need to remarry unless they have a grown woman in their household. The market for widows and divorcees is a brisk one. Stirling found that village women frequently remarried even before their 'iddet was up: "When I pointed this out, people shrugged their shoulders and said 'Who is to feed the children and bake the bread while we wait three months ?' " "Land, Marriage. .. ," p. 3 I.

40) See #15 4-1 (24 Sefer 1019) and 5-3 (12 Rebi I 1o09) for matters brought quickly to court.

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WOMEN IN OTTOMAN RECORDS 97

of passion" is important, for they would have led to such webs of entanglement that they could scarcely have been kept out of a court in such intimate contact with its constituency as the one in Kayseri 41). Doubtless the frequency with which women appeared at the Kayseri

court is in some ways a testimony to the weakness of their position in the social and economic order. It is well to consider that the social and

economic position of women in modern western society is also more heavily dependent on protection by the legal system than is the position of men. The women of Kayseri needed the legal intervention of the court to establish and to maintain their rights-as is evident from the very large number of cases where a woman was forced to go to court to

claim an inheritance usurped by some man or to regain some property formerly hers. (Conversely, however, men many times had to bring women to court for the same reasons, a good indication that law prevailed over force in Kayseri.) Many times a woman felt the need to go to court just to establish publicly that a certain property was hers. What is very important is that she always had the court to turn to in her need. If a woman received in court the same protection of life and property and respect for her claims that a man received, then she could accumulate property and wealth, enter legal contracts, and demand their fulfillment by others. If the court were a place where women felt

confident that they could go alone, even with a claim against neighbor, family, or husband, no wonder the women of Kayseri would put their trust in it and profit greatly from that trust.

II. The Participation of the Women of Kayseri in certain Aspects of the Economic and Social Order

The Kayseri sicils show women to have been property holders of major importance. Indeed, the theory of Islamic law in a complicated

41) In this regard, one should consider also: i) the frequency of remarriage with divorcees and widows; 2) the eagerness of certain husbands to recover wives who rightly or wrongly had gone to live with other men; and 3) the existence of three fetvas of Ebussuud (Diizdag, pp. 15 7- 159, fetvas #777-779) which treat questions of how a male relative who has caught a female relative in the act of fornication should treat her (n.b., he obviously has not killed her on the spot).

Journal of the Economic and Social History of the Orient, Vol. XVIII, Part 1 7

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98 R. C. JENNINGS

way makes women heirs in greater numbers than men, if in smaller shares. Arabists and anthropologists have suggested that Muslim women never really gained possession of what they were entitled to, either being excluded from the division by stronger male heirs or relieved of what they did get by domineering husbands. However, in a society like that of Kayseri, where an Islamic system of inheritance was

practiced and where a strong court system guaranteed the implementa- tion of these legal divisions, women property holders might well be nearly as numerous as men. The women of Kayseri inherited regularly from a wide circle of relatives, received dowries at marriage, and often kept their property separate from their husbands. When a woman's parent, offspring, husband, or sibling died she was a major heir, and even when an uncle, aunt, or cousin died she might inherit some share of the estate. According to the sharia she was not obliged to spend any of her money on herself or on her husband or children, so she accu- mulated money and property 42).

42) Of 2517 registered evkaf in Istanbul in 1546, 1603 (64%) were established by men and 913 (36%) were established by women. 0. L. Barkan and Ekrem H. Ayverdi,

Istanbul Vakiflart Tabrir Defteri 9y3 (1546) Taribli (Istanbul, 1970), p. v., n. 2. 36% is an extraordinary percentage. This means that the women of Istanbul had access to a great amount of capital. They must have been very important investors, although presumably even there their role was not a public one. Perhaps Kayseri women were founders of a large percentage of the evkaf in their city. Fanny Ellsworth Davis reports that of 491 fountains in Istanbul in the 1930's iz8 (28%) had been built by evkafs founded by women. p. 328.

Omer Liitfi Barkan made a study of the estate records (tereke kayttlari) of the law official who fixes inheritance shares of the military class (askeri kassam) for the period 1545-1659 from Edirne sicils. Records survive for 68 of the I14 years. Of the 3x28 people registered as heirs of deceased members of the military class 2079 were male (66.46%) were male and 1049 were female (33-54%). "Edirne Askeri kassarm'na Ait Tereke Defterleri (i545-i659)," Belgeler, Tdirk Tarib Belgeleri Dergisi 3 (1966) 9. Table I, p. io. On the basis of Istanbul evkaf records and Kayseri sicils one might have expected a higher percentage of woman heirs; however, the military class was perhaps in some ways an exceptional case. Barkan also found that polygamy was not at all widespread among the deceased

janissaries. Of I5 16 males who were married when they died, 1407 had only one wife (92%), 103 had two wives (7%), and only 6 (less than 1%) had three wives. None had four wives. 0. L. Barkan, "Tereke Defterleri," p. 13 f. Of course, the records only note the number of wives surviving the deceased janissaries; but one of the most frequent kinds of polygamy, if not the most frequent kind, noted in modern times is

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WOMEN IN OTTOMAN RECORDS 99

The women of Kayseri accumulated an extraordinary propertion of the lands and property in the city, although it is not possible to determine

the precise percentage. 40% (637) of 6o02 land and property transfers recorded in Kayseri sicils between 160o and 1625 involved at least one woman. The percentage varied from a low of 31% in one sicil to a high of 47% in two sicils and 48% in another. Revenues from the rentals and sales of these properties must have provided the women of the city with

considerable cash to re-invest. Of 154 land and property transfers noted

in sicils of Trabzon, Amasya, and Karaman, 36% (56) involved at least one woman. Overall, of 1756 land and property transfers examined, 39% (693) involved at least one woman. (See table II.) Women sold land and buildings three times as frequently as they

bought them (402 sales/I35 purchases): land 2.9 times and buildings 3.1 times as frequently. Muslim women sold land and buildings 3.3 times as often as they bought them (297 sales/89 purchases), while zimmi women sold only 2.3 times as often as they bought (io5 sales/46 purchases). Muslim women sold buildings at a greater frequency than land, while zimmi women sold land at a greater frequency than buildings.

Muslim women sold buildings 3.5 times as frequently as they bought them (175 sales/yo purchases) and land 2.9 times as frequently (122 sales/ 50 purchases). Zimmi women sold buildings 2.2 times as frequently as they bought them (57 sales/26 purchases), and they sold land 2.4 times as frequently as they bought it (48 sales/2o purchases). (See table II). It is not clear what implications can be drawn from the differences in frequency of sales and purchases of lands and buildings by Muslim and zimmi women.

Although all women sold land and buildings more frequently than they bought them, this tendency was more strongly marked among Muslim women. Probably they inherited partial shares of buildings frequently and disposed of them by sale. Women generally may have

the taking of a young second wife by a husband when his first wife grows older or has repeatedly failed to bear (male) children.

S. D. Goitein refers to the "farreaching economic independence" of Geniza women. A Mediterranean Society, v.II, p. 107.

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Table II - Part a

Land and Property Transfers by Women

Sicil sell land sell bldgs buy land buy bldgs total total percent no. m. z. m. z. m. z. m. z. transfers/sicil women/sicil women

II. 4 4 6 2 2 2 3 2 56 25 45% 12. 29 18 28 13 II 2 7 5 237 113 48% 13. 4 o 5 1 2 1 3 2 52 18 35% 14. 9 7 8 5 2 1 1 3 109 36 33% 15. 18 9 20 II 8 3 6 3 217 78 36% 17. [21] [28] [I1] [71] 53 67 44% 20. [I6] [56] [5] [I 2] 234 89 38% 22. 2 o 8 o I I I I 45 14 31% 23. 3 I 6 I 2 4 2 3 47 22 47% 24. 14 2 28 8 2 2 IO 3 186 69 37% 25. 10 3 19 4 4 I 3 I 137 45 33% 27.b 17 3 24 7 2 2 4 2 129 6I 47%

0 Ia 47a 152a 52a 36a I9a 40a 25a 16o02 637 40%

Amasya-I I 0 4 o 0 0 I 0 9 6 67% Karaman 2-278 4 0 9 o 0 0 2 0 43 15 35% Trabzon 42-182I 7 o10 5 3 I 7 I 102 35 34%

12 I 23 5 3 1 10 I 154 56 36%

Total 122a 48a 175a 57a 39a 20a 5Oa 26a 1756 693 39%

Figures include property held jointly by men and women. As in table I, these figures are not exact. m = Muslims, z = zimmis (non-Muslims). a = excludes Kayseri sicils no. 17 and 20. b = The whole sicil was not read; figures pertain only to the part read.

0

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WOMEN IN OTTOMAN RECORDS 101

Table II - Part b.

Summary of Land and Property Transfers by Women:

Total Total

Transfers involving Women %

Kayseri - 1602 637 40% other - 154 56 36%

1756 693 39%

Muslim women: Women:

sell-I22a land buy-39a land sell-17o land 175a bldg 5oa bldg 232 bldg 297a total 89a total buy-- 59 land

76 bldg Zimmi women:

sell- 48a land buy-2oa land 57a bldg 26a bldg

xo5a total 46a total

Muslim women sell land 3.I times as frequently as they buy it; Zimmi women, 2.4 times. Muslim women sell buildings 3.5 times as frequently as they buy them; Zimmi women, 2.2 times. Muslim women sell land and buildings 3.3 times as frequently as they buy them; Zimmi women, 2.3 times. Women sell land 2.9 times as frequently as they buy it. Women sell buildings 3.1 times as frequently as they buy them. Women sell land and buildings 3.0 times as frequently as they buy them.

tended to rid themselves of much of the property they inherited. When

a father died sons and daughters both inherited from him, but when it came time to distribute the property women often were willing to sell their fractional shares of houses and arable lands at fair prices to their

brothers. Consequently, it was the males who tended more to accumu- late these properties, but they were not entitled to them without paying the fair market value to the females.

Numerous cases occur where a wife bought property from or sold property to her husband, exchanging money as in any other land transfer. In contemporary England a woman who married lost control

of her property to her husband. In contemporary western Europe it was

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I02 R. C. JENNINGS

often impossible for a married woman to bring suit against anyone, much less against her own husband. Women in Kayseri were able to have their husbands summoned to court to defend themselves against charges made by their wives; in a few cases men even had to resort to summoning their own wives to court.

Fatma bint Haci Ali claims that after her husband Halil divorced her he did

not respond to being summoned to court, even though he was summoned there three times by a muhzir. He fled. Written at the request of Fatma and her brother Ahmed. [15 47-4; 23 Cumadi II ol19]

Fatma bint Haci Ali claims again that her husband Halil has run off after divorcing her. [i 5 49-4; 27 Cumadi II xor9]

Fatma bint Haci Ali sets forth a claim in the presence of Halil bn Hizir: My husband Halil divorced me three times. Halil denies this. However, Mevlana Muslihed-din Efendi bn Haci Yusuf, Serife bint Emir Ali, and Emine bint Haci Ali confirm Fatma. [15y 55-2; 7 Receb o1017]

Ayse bint Abdullah has as vekil her husband Ahmed ?elebi bn Huseyn ?avus who acknowledges in the presence of her former husband Sinan v. Zeki: My muvekkile claimed 30 gurus mehr and her legal share of a home and other property from Sinan. Sulb for 6 guruf. [z20 5-3; 1 Rebi I 1oz7]

Misr Kethuda v. Kaysar of Tatar mahalle acknowledges in the presence of his wife Kidem bint Sinan: A house at that mahalle, next to Misr, Habil, seller, and road, was sold to Kidem for 00oo esedi gurus. Includes sofa, tabbane, ota, ahur, and muhamvata. [25 5-5; 14 Muharrem o034].

Sometimes women lent out money or gave credit to relatives and even outsiders 43). (See table I.) Loans to relatives were not mentioned frequently. Such loans probably were not numerous and usually involved

43) R. Levy has reported an account in The Times of 1931 which tells how Muslim women sometimes lend out their dowries for interest. Social Structure, p. 257. Goitein tells of "... a wandering preacher who had accused the women of a city, among other graver things, of lending money against interest." A Mediterranean Society, v.I, p. z56.

Margaret Hasluck observed that Albanian women all had money of their own (particularly from gifts given by relatives when they married) and they controlled it themselves. Some women made money by selling socks or pants they made; their fathers or brothers were their agents in the sales, not their husbands or sons, and they kept what they earned. In southern Albania women often lent out their money for 30% interest (the usual rate); in the north they bought sheep, oxen, and horses which they hired out. The Unwritten Law in Albania (Cambridge, 1954), P. 42 f. See the study by R. Jennings: "Loans and Credit in Early 17th century Ottoman Judicial Records: the Sharia Court of Anatolian Kayseri,"JESHO i6 (i973) i68-2zi6, esp. pp. 192 ff., "Families," and pp. 194 ff., "Women."

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WOMEN IN OTTOMAN RECORDS 103

the woman's immediate family, namely her husband, her children, her sisters and brothers. Women even went to court to claim bad debts. Of

the loans made by women which were not recorded as given to their relatives, a substantial portion went to other women; but a few went to

men. Sometimes a woman, without putting up money of her own, would be guarantor (kefil bil-mal) for a loan between other parties. A mother might guarantee a sum of money borrowed by her son. One woman required her own husband to be kefil bil-mal for a loan he wanted

her to make to his brother. Mothers brought sons and daughters to court to collect debts from them. The people of Kayseri were prudent in their business affairs; even in dealing with their families they often observed legal formalities.

Gulli bint Suleyman: I am kefil bil-mal for the debt of my son Ali Bese bn Abbas to Musa, Iskender, Cafer, and Haci Mehmed. Ali Bese is kefil bin-nefs for Ali. [12 74-5; 2 Cumadi II xoi6] Haci daban bn Sinan, mutevelli of the vakf of the late Haci Omer bn Haci

Mahmud, sets forth a claim in the presence of Mihriban bint Emir Ali: Her son Ebu Bekr bn Haci Yusuf has 30 gurus from the vakf and she is kefil bil-mal. I want the money. Confirmed by two witnesses. So she sells him a vineyard at Hisar to pay the debt. [I3 42-I; selh Zilhicce ioi8] Fatma bint Abdul-Kerim of Cami'-i Kebir mahalle acknowledges in the

presence of her son Abdul-Kerim bn Mahmud: My son Abdul-Kerim owes 6o guruf to the vakf for the 'avari. of the people of the mahalle. I am kefil bil-mal. At ten for twelve (20o%) interest (mu'amele) my debt at the end of the year is 72 gurus. I place a house in the mahalle and a garden at Gederis nahiye as security (rehn). [27 40-5; I8 Ramazan 1o35]

Tekfur: I accept Kaysar's wife Sultan as kefil for my 53 gurus. [1x2 12-1o; 18 Sefer Ito15

Kirkor: Bahar becomes kefil for the 30 gurus loan (karZ) her husband (name illegible) owes me. [12 ii 12-6; 7 Sefer 1017] Zahire: I am kefil for Mehmed's loan to my husband. [i 2 165-7; 14 Zilkade

1017] Haci Omer bn Haci Gulabi, mutevelli of the evkaf of Sultan Cami mahalle,

sets forth a claim in the presence of Omer bn Abdullah, present husband of the late Etmekci Saban's wife Ayse bint Ferhad: The deceased had 198 5 akce from the vakf, for which Ayse was kefil bil-mal. Two witnesses confirm this. [17 68-3; 17 Rebi I o1023]

Seh Ana bint Arutyun and Ak Gul bint Hizir Bese: We are kefil bil-mal for the 8 I gurus that Kara Bid owes Mustafa. [12 77-9; 4 Muharrem o1017]

Sultan bint Kaplan: I am kefil for the person of (kefil bin-nefs) Ihtiyar for I5 days. [iz 162-2; Io Zilkade 1017. This is unusual.]

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Io4 R. C. JENNINGS

Cases involving debts due women from loans and other credit issued and even from unpaid dowries were not statistically significant, but the very existence of a small number of such cases is of interest. Most such debts were within the woman's family. The fact that a few such cases came to court suggests the possibility that this kind of formal credit exchange was not uncommon in families. These cases provide further evidence of the unassailable property rights of women and of the use women could make of the court.

Haci Bayram repays the 60o guru he owed his wife Kaya bint Hudavirdi. [i i 4-20; 8 Muharrem 1014]

Selva bint Omer makes a claim in the presence of her husband Suleyman Bese bn Haci Hasan: Although he paid me in full the 31 gurus he got for selling my slave girl, he took the money from me again. I want it. Suleyman denies taking single akfe. [13 29-4; 8 Zilhicce 1018]

Haci Musa bn Bustan acknowledges in the presence of his wife Teslime bint Haci Veli: I owed her 70 gurus. I give her six of the twelve shares of my malikane at Begendikli village and also a vineyard to pay my debt to her. [ 5 170-3; 22 Cumadi II 1020]

(name illegible): My husband Ahmed has 2ooo akfe of mine. Ahmed claims the mehr is only 20o akfe. [19 38-7; 8 Cumadi I o026]

Sinan veled Cihanseh sells two vineyards at Billur nahiye to his wife (name illegible) bint Minnet for 30 gurus to pay his debt to her. [19 44-12; I2 Cumadi I o026]

Mustafa bn Abdullah of Eski Bezazistan mahalle acknowledges in the presence of his wife Emine bint Asci Davud: In place of the'debt I owe her, I sell her a house worth i i gurus. [24 6-2; 1 Receb 103 2]

Ramazan bn Saban of Boz Altu mahalle acknowledges in the presence of his his wife Fatma bint Abdur-Rahman Seyh: I took her gold and other things worth 6o guru, and paid my debt with it. To pay my debt to Fatma, I give her a house at

the mahalle worth 40 gurus, and a vineyard at (name illegible) nabhiye worth zo gurus. The debt is paid in full. She accepts this. [27 6-5; 18 Receb 1035] Islim bint Sah Kulu acknowledges in the presence of Mahmud Halife bn

Semseddin, vekil for Fatma bint Haci Hamze, wife of Islim's late son Yusuf: My late son owed me 5oo00 guru from a loan (karZ-i hasene). Two witnesses confirm her and the debt is ordered paid. [i1 177-2; 28 Receb iozo]

(Name illegible) bint Pir Gayib makes a claim in the presence of her son Ibrahim bn (name illegible): I sold him an ox for I2 gurus, but he has not paid me yet. This is denied. Then two witnesses confirm the mother. [17 25-5; 9 Zilkade 0o22]

Kidem bint Sultan Bali: I gave my son Sinan v. Hacik 40 esedi gurus kar. 20o gurus is still unpaid. Sultan Bali is kefil. Sultan Bali says he paid for it all. Kidem denies this. [23 69-4; 17 Sevval 10331

Kidem bint Sultan Bali of Kara Kegili mahalle sets forth a claim in the presence

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WOMEN IN OTTOMAN RECORDS 105

of her son Sinan: My son Sinan owed me 40 guruf, of which he repaid only 20. Sinan says he repaid it all. Two witnesses confirm Sinan. Then he pays his mother 4 esediguruS sulh. [z5 66-1; 13 Cumadi I 10341 Dondi: My daughter ?ehzade owes me 5 gurus but denies it. [i2 99-i; 3 Receb

1017] Emine bint Abdullah gives her mother Ayse her half share of a house at

Dukkanciler Onu to pay a 15 gurus debt to her. [23 4-13; 21 Saban 1032] Fatma Hatun sets forth a claim in the presence of Ali Beg: Ali owes me for zoo

yuk batman cotton (penbe). Ali claims she gave the cotton to Idris, not to him, but Fatma has two witnesses. Ali insists that he can produce witnesses too but then fails to reappear after the court grants him a 3 day delay. [ii 67-377; 9 Receb o1015]

Seyyid Ibrahim ?elebi, Seyyid Mehmed Celebi, and Seyyid Ali .elebi ebna Musli Efendi, and their sister Emine, who has Ibrahim for a vekil, acknow- ledge in the presence of Haci Mehmed Beg bn Abdullah, who is vekil for the late Ebu Bekr's sister Abide and his wife Ayse bint Ahmed: The late Ebu Bekr's brother Ali owed our mother Ayse Hatun 33,000 akge for the cost of opium (afyon), for which Ebu Bekr was kefil bil-mal. 15,000 was paid. Now we have received the rest in full. [15 59-2; I2 Receb o019. Cf. 15 69-2; 9 Saban o019]

Hasan Beg bn Suleyman, spahi, acknowledges in the presence of Emine Hatun bint Kalayci Hasan: Previously my father took 33 gurus from Emine, placing several objects as surety (rehn). Later I gave the money to Kaya bint Kalayci, who gave it to Emine. Now I want the surety. Emine denies receiving payment, and Hasan's witness has died, although Kaya confirms Hasan's claim. [15 90-5; 29 Ramazan 0o19]

Han Aga bint Sah Veli: Omer bn Baki owes me 3 gurus from a loan (karz). [17 73-5 ; 27 Rebi 1 1023]

Cennet bint Osman: I gave Suleyman and his father Hamze 30 gurus. Now I want 36 gurus from them. They deny it. Cennet has no proof. [19 5 8-3; 7 Sefer 1027]

(name illegible) Hatun: Anasdas owes me I gurus. Anasdas claims he took 8 gurus fram her but has repaid it all. [19 62-4; io Sefer 1027]

Fatma: Mehmed owes me 91 mu'amele gurus. [22 2-2; 5 Sevval 1030] Emine: Osman owes me 18 mu'amele guruf. Denied. [22 21-9; 2 Zilhicce o30o] Ayse bint Hamze has as vekil Omer bn Ahmed: Veli bn Hasan owes her 6

gurus. [22 z28-z2; 15 Zilhicce 1030] Kidem: I gave Mehmed 40 esedi gurus for two years for interest (faide). The

time is up. [z3 42-1 I; 23 Zilhicce ro30] Gulbende: I gave Asir 5 esedigurus and i gurus for interest (mu'amele). [23 47-9;

14 Muharrem o033]

Gulbende: I gave Mehmed 5 esedigurus. He has not paid it in full. [23 47-10; 14 Muharrem 10o331

While it may not be possible to determine precisely the number and assets of evkaf established by women in Kayseri, the sicils make it clear

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io6 R. C. JENNINGS

that many women had established evkaf prior to 16oo and that others continued to do so between 16oo and 1625 44).

A vakf is established by Aftab. bint Abdullah, who had as vekil (name illegible) Hatun bint Subhan Virdi. 6ooo akye was made vakf for the 'avariz of the people of Yalman mahalle. Let it be lent out at zo% interest (mu'amele). Menla Hasan bn Huseyn is mutevelli. [8 38-322] A vakf is established by Haci dahi bint Hoca Yakub for the batib (preacher)

of the mosque in Haci Mansur mahalle. The income from rent of property at Meydan Kapu is to pay for the daily recitation of certain suras of the Koran for the soul (rub) of the donor. [8 39-3241 The late Emine Hatun bint Haci Mehmed made vakf 1/3 of her possessions for

the mosque (Cami'-i erif) and set free her slave girl Mulayim. Confirmed by two witnesses. [8 28-225] Tepecik mahalle imam Ali bn Ahmed sets forth a claim before his son el-Hac

Hasan: A woman named Husniye, daughter of Kara Kurkci, made vakf 25 ak altun for the imam of the mahalle to recite certain suras of the Koran for her soul. I want to collect it. [i 3 76-3; 16 Sefer 0o19] Vakfiyye: Zulfi bint Subhan Virdi of Kose Danismendlu mahalle established

a vakf with 4200 akce, to be let out for 2o% interest per year, but it was judged not to be valid. [14 65-3'; III Zilkade ioi6] Kahveci (coffee house proprietor) Tayi acknowledges: I agree to rent the

kabve bane in front of At Bazar Kapusi made vakf by Ayse Katin, from zo Saban io19 to the end of the year for 5 akce per day. Written at the request of Kaya ?elebi, mutevelli of the vakf. [15 72-6; 18 Saban 0o19] Abdur-Rezak Aga bn el-Hac Seyyid (illegible), diZdar of Kayseri castle

(kal'e), sets forth a claim in the presence of muderris Mevlana es-Seyyid Mehmed Efendi bn Seyh Mehmed Efendi, who is vekil for Ayse Hatun bint Ali Efendi: The coffee house that Ayse Hatun has built and made vakf presents a danger to the castle and to the walls of the ditch. Mehmed Efendi denies that it presents any

danger. Ehl-i hibre (experts) were called in to investigate the matter. They went to the coffee house and determined that it presented no danger to the ditch. So the diZdar is restrained from destroying it. [15 74-2; 20 Saban o19] Rahime Hatun bint Halil ?elebi sets forth a claim in the presence of her

brother's son Abdus-Selam ;elebi: A vineyard with a house was made vakf by my mother Ayni Sah for reading the Koran for her soul, to be read by her descendants... [15 127-1; 21 Zilhicce 1019] Ahmed Beg, former mutevelli of 8ooo akce made vakf by the late Emine

Hatun for the Ulu Cami, became old and no longer had time for his responsibil- ities... [j I138-5; 24 Sefer 1020ozo]

44) Cf. Goitein, A Mediterranean Society, v.II, p. I 3: "Many charitable founda- tions were established by women;" p. 107: "Women are occasionally referred to as contributors and even as heading drives, especially for the upkeep of synagogues, but one finds them less frequently than one would expect in view of their farreaching economic independence in those days. Their field of charity was mainly private and personal."

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WOMEN IN OTTOMAN RECORDS 107

Veli bn Huseyn, mutevelli of Isa Fakih mescid, sets forth a claim in the presence of Selim bn ?eyh Ali: Bagdad Hatun made vakf 17 altun for the mescid. I want it from her estate. [17 28-2; 14 Zilkade o022] Sitti Hatun made vakf 2000 akce for the imam of the mescid of Ishak ?elebi to

read the Koran and 300 akce for candles. [22 30-9; 18 Zilhicce 1030] Fahr ul-muhadderat Serife Hanim bint Seyyid Mahmud Beg has as vekil for the

matter muteferrike Seyyid Salih Beg bn Seyyid Haci Mahmud Efendi, andfahr ul-muhadderat Hayr (illegible) Kadin bint Seyyid Mahmud Beg has as vekil for the matter Menla Beser bn Mercan, and fahr ul-muhadderat Emine Hatun bint Mustafa ?avus has as vekil for the matter her husband Huseyn Cavu? bn Yusuf: Part of the revenue of the mill at Zinci Dere village was made vakf to pay for reading the Koran daily for the soul of their late mother Fatma Hatun. [2 5 44-4; 27 Rebi I o1034] Zulf Hatun bint Haci Mustafa of Cami'-i Serif mahalle has as vekil for the

matter Osman bn Musa, who acknowledges in the presence of her husband Ismail :avu?: She gives a vineyard and other things at (place illegible) as a gift to her husband. These were inherited from her father and grandfather. She makes two shops (dukkan) vakf for the imam of the mescid, and her husband is mete- velli He accepts. [Amasya 18-3; III Cumadi I Io34]

Reference is also made to evkaf established by Umm Gulsum [i2 21-1i; 8 Rebi I ioi1], Ayse Hatun [12 61-1; 14 Receb ioi5], Marziye Hatun [13 16-7; 19 Zilkade Ioi8], Zulfi Hatun [zo 87-6; 13 Saban 1027],

Hursid Hatun [24 59-5; II Sevval 1032], Bekriye (?) Hatun [25 72-5; 25 Cumadi I 1034], Seadet Hatun [27 85-3; io Zilkade o1035], and Melik Hatun [Trabzon I9-3; II Rebi II 10o29].

In a few cases women had positions as vakf functionaries:

Veli bn Iskender and Receb bn Tanri Virdi: We owe Haci Receb vakf 15 gurus. Written at the request of naZire (superintendent) Canbola Hatun. [12 158-io; 4 Zikade 1017] The people of Taskincik mahalle and Hizir, the mutevelli (administrator) of

the vakf of the fountain there, set forth a claim in the presence of Canbola, wife of the late Haci Receb: Her husband made a condition that 1/3 of his money (Ioo gurus) should go for the mescid, fountain, muezzin, and 'avariz of the mahalle. Canbola was appointed naZir. We have an emr-i serif (imperial order) and a fetva concerning her and the vakf (which she received 4 years ago) which should be examined and carried out. Fetva: If Zeyd makes property vakf for a mescid, can his heir refuse to accept the vakf after his death? No. However, Canbola denies their claim. Then the people of the mahalle and the mutevelli produce two witnesses who confirm their claim, adding that Haci Receb's wishes have not been carried out since he died 4 years earlier. So the court orders that the fetva be applied. [15 147-1; 7 Rebi II io2o]

... the new mutevelli of the vakf of the late Haci Receb has now received in

full the Ioo gurus due from Canbola.... [I1 166-1; ii Cumadi II io2o; cf. i 256-3, an imperial order]

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io8 R. C. JENNINGS

Umm Gulsum Hatun, daughter of the late Haci Ibrahim and mutevelli of his evkaf, acknowledges in the presence of Yusuf Bese bn Abdullah of Erkilat village: The aforementioned Osman's father had 25 ak altun from the vakf, having placed a vineyard as surety (rehn). Now the debt has been paid in full. [15 87-4; 15 Ramazan 1019] Umm Gulsum Hatun, daughter of the late Haci Ibrahim and mutevelli of his

evkaf, sets forth a claim in the presence of Kokce, a zimmi of Erkilat village: Zimmi Rumli owed the evkaf 25 ak altun, having placed a vineyard as surety. Now Kokce has taken possession of the vineyard. Kocke claims he bought the vineyard from Rumli, but witnesses confirm that, since the vineyard was surety for a debt, it can not be sold. [15 87-9; 15 Ramazan 1019] Haci Mustedam bn Abdullah, mutevelli of the vakf of the late Seyyid Mehmed

Efendi bn Seyyid Abdul-Fettah Efendi, acknowledges in the presence of Seyyid Ahmed ?elebi bn Mustafa Efendi, vekil for the nazir of the vakf Zahre Hatun bint Mehmed Efendi: Old Kadi Hamam near Gulluk mosque has been unused for many years. The expenditure of 8ooo akce restored it to a usable condition. The expenditure is presented by the mutevelli and confirmed by the naZir. [15 124-2z; 15 Zilhicce Io 9] Halime Hatun, mutevelli of the evkaf of the descendants of Osman Fakih and

an inhabitant of Ahi Osman mahalle acknowledges in the presence of Ahmed bn Arslan: A place (yer) in the mahalle, next to Abdi, Halil, Halime, and the public road, is rented for 90 years at o0 akce per year to Ahmed. [Karaman 15-3; Cumadi II 1027]

Evidence for the participation of women in the economic activities of the city is slight. It is not substantial enough to give any accurate

picture, unless it is that these areas normally were all but closed to women 45).

Fatma Hatun sets forth a complaint in the presence of Ali Beg: Ali owes me for 200ooyuk (loads) and 6o batman of cotton (penbe). Ali claims she gave the cotton to Idris... [Ii 49-286; 9 Sefer ior15

Islim bint Iskender sells Bagadasar v. Dervis and others z22 batman of apricots

(kayisi). [12 9-12; 14 Sefer io15] Tamam: I sold 54 batman nutgalls (maZi) to Sefer for 3 gurus each. He paid 1/3

and he is to pay the rest to my husband. [i 2 10-2; 15 Sefer Io151] Omer: This Haci Huseyn stole from Zahire's shop at Hisar Onu. [12 108-5;

3 Sefer 10171 Argincikli: My sister Karaman gave Veli 25 vakiye of silk (ipek) and 30 gurus

worth of figs (incir). [ 12 164-4; 13 Zilkade 1017]

45) In A Mediterranean Society (v.1, p. 127 if.) Goitein observes that women were very active in business, particularly spinning and weaving; he is unsure whether there were workshops or whether women always worked at home. "Each married woman was expected to engage in some work in addition to her household chores."

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WOMEN IN OTTOMAN RECORDS 109

Vartan Kesig (priest) and Bedros v. Davud testify that Hagator delivered goods (esbab) worth I5,400 akce to Meryem bint Arzuman. [i2 214-3; 27 Muharrem 1018]

Ayse bint Ahmed buys 91 shares (sebm) of the 12 shares of 8 shops (dukkan) at Boyaci Kapu for 40 gurus. [13 17-10; 22 Zilkade 0o1 8]

Melik bint Lale sets forth a claim in the presence of Ahmed Beg bn Abdullah: I bring water to Cami'-i Kebir for ablutions. Now money is owed me. Ahmed says she is paid 5 altun per year. [13 z21-8; 28 Zilkade ioi8]

Ilyas bn Pir Ahmed: I bought 10 guruS worth of coffee from Rahime Hatun's sister. [13 37-1; 23 Zilhicce o018. Cf. 37-6; z5 Zilhicce ioi8]

Sakire bint Hoca Hasan of Tavukci mahalle acknowledges in the presence of imperial spahi Mehmed Beg bn Haci Mustafa and his wife Akila bint Yusuf Bali: I sold them a bread bakery (etmekci dukkan) at Borekci Carsu for 400 guruf. [i3 47-4; 5 Muharrem 1019]

Seyyid Ibrahim ?elebi, Seyyid Mehmed Celebi, and Seyyid Ali elebi ebna Musli Efendi, and their sister Emine, who has Ibrahim for her vekil, acknow- ledge in the presence of Haci Mehmed Beg bn Abdullah, who is vekil for the late Ebu Bekr's sister Abide and his wife Ayse bint Ahmed: The late Ebu Bekr's brother Ali owed our late mother Ayse Hatun 33,000 akce for opium (afyon), for which Ebu Bekr was kefil bil-mal. 15,ooo akce was paid. Now we have received the rest in full. [ 15 59-2; 12 Receb io19. A later case (69-2; 9 Saban o19)indicates that Ayse Hatun inherited the debt from her late brother Nasreddin.]

Selva bint Abdullah sets forth a claim in the presence of her son Abdus-Selam:

He took possession of my 35 sheep and 24 goats. [19 4-4; 8 Receb oz25] Sah Hatun bint (illegible): I gave Yusuf bn Haci Muharrem ioo gurus in cash

and 5 o gurus, worth of nutgalls (magi). I want them from his effects.... [19 57- 1; 6 Sefer 1027] (Name illegible) Kesis v. Ugurlu of Germir village in the presence of Arslan

v. Emin, representing Murad v. Suh (?): Murad's wife owed my wife 30 gurus worth of flour, butter, and other foods... [22 61-3; 4 Cumadi II 03 i]

Safiye Hatun gets grocery store (bakkal dukkan) in partial payment of debt... [27 23-3; 17 Saban 1035]

Ahmed bn Ramazan acknowledges: A 2oo dirhem share of the 2400 dirhems of Dib mill of Ahi mill of Kara Su village is sold to Gulli bint Haci Kasim for 20 altun. [8 22-170]

One zimmi woman was suspected of running supplies to celali: Ali bn Bursali of the sekbans of the mir liva acknowledges: Celali took three

of my cows and I sent this Meryem bint Toros to buy them back. [iI 22-148; 25 Sefer 10141

Meryem bint Toros, zimmi of Sehre Gusti mahalle, was apprehended supposed- ly bringing supplies and gunpowder to the celali... [II 22-x; 25 Sefer 1014]

It has not been possible to deduce from the sicils any difference in the social and economic role of village and city women or of Muslim

and zimmi women. It may be noted that only 25%/o of zimmi women at court had vekils while 36% of Muslim women had vekils (23% and

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I IO R. C. JENNINGS

33% exclusively in Kayseri). Of loans and other credit received by women in Kayseri Muslims received 65%, zimmis 35%; of loans and other credit extended by women, 76% originated with Muslims and only 24% with zimmis. (See table I.)

Between 160o and 1625, 33% of the women who had business at court absented themselves and designated a vekil to represent them.

In Kayseri sicils i i through 17, only 21% of the women involved used a vekil; in sicils 22-27, 43% used a vekil. In that same interval, the propor- tion of Muslim women with vekils doubled from 24% to 47% while the

proportion of zimmi women increased similarly from I5% to 30%. 37% of the women in one Amasya sicil, 53% in a Karaman sicil, and 5 3% in a Trabzon sicil (for an average of 49%) used a vekil. Perhaps Kayseri women used vekils less than women in some other

cities. (Why Kayseri women should have used vekils less frequently than women from some other Anatolian cities and why Muslim women

of Kayseri-but not of Trabzon-should have used vekils much more frequently than zimmi women are not at all evident to me.) Perhaps some social trend was underway in the early i7th century which in- fluenced women to rely increasingly on the use of vekils (to "seclude"

themselves increasingly?--but, to the contrary, the proportion of cases involving at least one woman increased from 11% in I1-17 to 25% in 22-27). Although no suggestion of specific causes is provided by the sicils themselves, such a conservative trend-if it is that-would be in

keeping with the general conservative trend in Ottoman religious and

intellectual life in the I7th century.

Conclusion

The women of Kayseri used their court regularly. They brought their problems to court immediately, or when it was convenient for them, not on special days or at special times of day reserved for women.

Despite the exhortations of certain legal scholars that women belong at home, most of the women represented themselves in court; that is,

they appeared at a public gathering and spoke in public. It seems that women were involved in a much greater proportion of cases in the

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WOMEN IN OTTOMAN RECORDS III

second decade of the study than the first, although it cannot be judged whether this development represents a trend.

As litigants women had the same rights as men, although in the wider role of the court they did not (they were rarely fehid and never fuhud

ul-hal). They brought suits, took oaths, and required the presence of witnesses in the same ways men did; and they had the same obligations as men to initiate suits themselves and to defend themselves against the suits of others. The frequency with which they used the court suggests that the court was accessible to women and relevant to their needs.

Women bought and sold property on their own volition. The court would uphold the appeals of women who complained that others -even parents, children, or husbands-were encroaching on their legitimate property rights. One cannot judge, of course, what propor- tion of women wished to keep real control over property that was legally theirs, but clearly those women who wanted to do so got the support of the court.

Likewise one cannot judge whether all women inherited as the law required, or even whether those who did inherit got their precise legal shares, but it is clear that many women made inheritance claims which

were upheld by the court. Again, some women entered public disputes even with husbands, children, and parents over legitimate inheritances. Occasionally a woman even acted as the executrix of an estate. Women probably often sold off inherited property, for they sold property three

times as frequently as they bought it; nevertheless, the fact that at least

one woman was involved in 40% of all property sales in the twenty-five

year period indicates the extent to which women were property holders. Some women accumulated considerable estates. A very few partici-

pated in trade and even extended or received credit. A number of evkaf were established by women, often with the stipulation that passages from the Koran should be read periodically for their souls. Women frequently served as vekils, usually just for other women, and, when divorced or widowed, they normally served as vasis for their children.

The court offered considerable help to some women who had problems with their husbands and families. Women could have their

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S12 R. C. JENNINGS

husbands summoned to court and forced to account for bad behavior.

Women, their families, or the court might attach special favorable conditions to marriage contracts, and women might even take a limited initiative in divorce. The court did not enforce the laws of sharia that

required women to obey their husbands or stay at their homes, for it apparently allowed them to take refuge with their families; on a few occasions husbands had to have their own wives summoned to court.

The court saw to it, on the other hand, that husbands supported their wives as long as they were able (their property might be publicly confiscated for such purposes). Some women were even able to resist unwelcome marriages which their families sought to impose on them.

In short, the court protected the property and the personal rights of at least those women who took refuge in it.

The position of Women in Turkish-Islamic society has not been studied for the sixteenth and seventeenth centuries and indeed has

received no serious attention for any period before the full decline of the Ottoman Empire. The position of women in the social and economic

order of early seventeenth century Kayseri may not be typical of the whole Ottoman Empire. The Kayseri court was an Ottoman court, however; before and after serving there its judges served in Syria, Iraq, and elsewhere in Anatolia, and the procedures and decisions of the court

were justified as being "according to the sharia." Comparative studies in sicils from Karaman, Amasya, and Trabzon-which provide a fair cross-section of Anatolia--suggest that the position of women in those cities resembled their position in Kayseri.

The case of Kayseri provides a challenge to ever popular western notions of the debased position of Islamic women. Fuller proof awaits

studies of sicils from other parts of the Ottoman Empire--elsewhere in Anatolia, the Balkans, and the Arab lands. Detailed study may then replace the casuistry which has prevented any real perception of the position of women in Islamic history. It is not necessary to challenge modern studies of tenth and twentieth century societies but only to

suggest that Islamic society from Muhammed to the present, from the Danube to the Yemen, has not been a monolith.

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WOMEN IN OTTOMAN RECORDS I 13

In a chapter on women in his Tuirk Cihan Hakimiyeti Mefkiiresi Taribi, Osman Turan has suggested that pre-Islamic Turkish women were not kept in harems but associated publicly with men. He feels that this egalitarian role of Turkish women continued through the Seljuk period and only fell into desuetude in Anatolia after the "conquest" of the Ottoman Empire by Arabic Islamism in the sixteenth and seventeenth centuries. Unfortunately, Turan has not dealt with the subject rigorous-

ly; his evidence is mostly restricted to the testimony of a few travelers about nomadic Turkmans and petty imperial courts. He gives no information about Turks in towns and villages, and he gives little evidence from Islamic sources. It is not at all clear whether the pheno- menon he describes, if it existed at all, was merely a part of nomadism

which disappeared in the conversion from nomadic to settled society 46). The Karaman kanunname of 15 83 (991) states that, although daughters

of reaya formerly could not inheritfiftliks, an imperial order now requires that, if a deceased reaya has no sons and if his daughter asks the spahi for her father's land and if she is capable of using it, she should be given

the fiftlik 47). The older position is stated in the Karaman kanunname of

I z 28 (93 5): If a reaya dies and his son and daughter remain, his fiftlik goes to his son and his daughter gets no share 48). Neither of these stipulations appears as favorable to daughters as the Islamic system of

46) v.I, pp. iz6-I32. "Kadinlarm 19timai ve Siydsi Rolleri" (Istanbul, 1969). Besides the occasional evidence of travelers regarding Turkish women, one must take cognizance of the significant number of buildings, institutions, and turbes (tombs) dating from Seljuk and beylik Anatolia (of which the Huvand medresse-cami- hamam in Kayseri is a good example), which were either founded by women or dedicated to them. Whether these buildings testify to the women's personal achieve- ment or reflect the love and affection of their husbands and children, they certainly honor the women.

Certain modernist Turkish nationalists have put forward this viewpoint, asserting the original purity of "Turkish" institutions, their corruption by Islamic and/or Ottoman influence, and the ultimate rehabilitation of these principles in the Ataturk revolution. See Hifzi Veledet, "Tiirk Kachnin hukuki vaziyeti," II. Tirk Tarih Kongresi (r937). (Istanbul, 1943). See also Afet Inan, The Emancipation of the Turkish Woman (Paris, 1962).

47) Nicoara Beldiceanu and Irene Beldiceanu-Steinherr, "Recherches sur la Province de Qaraman au XVIe Siecle,"JESHO 11 (1968) 47 f.

48) Barkan, Kanunlar, 13/9/46. Cf. Bolu 6/16/30 (15 28), ?emizgezek 45/4/189 (I541).

Journal of the Economic and Social History of the Orient, Vol. XVIII, Part 1 8

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114 JENNINGS, WOMEN IN OTTOMAN RECORDS

inheritance, although presumably the requirements of the sharia could still be met by giving a daughter her share of inheritance in houses and movable goods while a son got land.

In Kayseri it was the consistent and conscientious enforcement of the sharia by the court that made possible the apparently good position of women. Whether it was ninth century sharia, or nineteenth century sharia, or "Arab" sharia, or "Turkish" sharia, it was a development of the sharia that was clearly and coherently administered by a series of kadis with the active support of the local ulema for over a quarter of a century in Kayseri and was surely considered to be THE sharia by all the people involved. Limited samples from Trabzon, Amasya, and Karaman indicate that women used the courts there frequently and confidently and that they regularly represented themselves in court; they seem to have exercised control over their own property and to have inherited. If any antique "Turkish" customs had influenced the legal position and social and economic position of women in Kayseri, that can only be determined by further studies in sicils in Turkish and

Arabic provinces of the empire.

Seventeen percent of Kayseri court cases between i603 and I627 involved at least one woman, and 40% of all land and property transfers involved at least one woman, so there is no doubt that many women in Kayseri kaza were aware of their legal rights and took advantage of them. Were many other women unaware of their rights, living in the

ignorance found by the Arabists and anthropologists in other times and places? Would the Muslim society of greater Kayseri have maintained these rights without the kadi to enforce them? How much did economic and social status have to do with the frequency with which women used the court? Did the implementation of the Islamic l~w benefit all the women of the villages which used the court frequently? Were some

women, especially from outside the area of the villages which used the court, frequently deprived of certain legal rights in 16oo, just as

Stirling found to be the case in 195o in Sakaltutan and Elbasi? Such important questions unfortunately cannot be answered until further studies of sicils have been undertaken.

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