Asian and African studies blog

3 posts categorized "Law"

30 November 2020

A Golden Legacy: Vakfiyeler and Evkâf in the British Library Collections

Donations and legacies are part and parcel of cultural institutions across Europe. Galleries, libraries, archives and museums have named collections, exhibition halls, cafeterias, and atria - among other objects and spaces - for generous benefactors. The British Library is no stranger to this tradition, and a number of our spaces bear the names of the individuals and families whose contributions, whether pecuniary or in-kind, have helped create what the Library is today. Over time, some associations have proven to be far more controversial than others, but none of them can be ignored when assessing how the Library came to be, and how it presents to the public at the current moment. Legacies, however, also feature in our holdings in much more subtle ways. In the Turkish and Turkic collections, they appear in vakfiyeler, texts that document the establishment of legacies, bequests, trusts and other financial instruments and institutions intended to outlive their donors. Given these documents’ connections to accumulated wealth, it should be no surprise that many, but not all, are lavishly illuminated. In this blog, I’m going to take you through a tour of some of our most spectacular examples, as well as a few that point to the value of the content of the vakfiye beyond the valuation of its form.

The word vakfiye comes from the Arabic waqf (وقف). The Arabic original is connected through its root consonants to concepts such as standing (وقّف) and stopping (توقّف). In this instance, the word refers to an indefinite endowment of some sort of physical asset (often property and/or a building) for religious and charitable ends. Thanks to the spread of Islamic legal system, waqf has made its way into various languages spoken in Muslim-majority societies with this particular connotation. While the vakıf (its Turkish form; plural vakıflar/evkâf) is a concept deeply rooted in Islamic societies, it has also impacted the structure of societies that are not Muslim-majority but that have been profoundly influenced by Islam. Within many states, vakıflar are inextricably linked to tax codes, and no small number of families across the spatial and temporal reaches of the Ottoman Empire sought to use these instruments to keep their accumulated wealth from ending up in Imperial coffers. Thanks to the vakıf, and these families’ aversion to taxation or expropriation, the former Ottoman lands are dotted with exquisite architectural sites as well as a strong tradition of social welfare systems outside of the state’s control.

Double page of text in Arabic script surrounded by intricate gold floral illumination and gold borders. At the top right of the image is copious floral illustration in red, blue, green, white, black, purple, pink and gold inks.
The unvan and opening text of Mehmet Ali Paşa's Vakfiye, featuring floral illumination in the unvan with an aesthetic reminiscent of Western European styles of illustration. (Vakfiye. Cairo, 1813. Or 16280, ff 1v-2r)
CC Public Domain Image

The beauty that can be found in many of the mosques, schools, soup kitchens, and other physical monuments of the vakıf is easily reflected in the documents that underpin such social institutions. After consulting with the Mohamed Ali Foundation, the British Library recently digitized one of its most beautiful examples. Or 16280 is the vakfiye of Mehmet Ali Paşa, known in Arabic as Muḥammad 'Ali Bāshā (محمد علي باشا), Hıdiv (Khedive) of Egypt from 1805 until 1848. Mehmet Ali Paşa was born in Kavala, contemporary Greece, to a family that was ethnically Albanian. After the death of his father, he was taken in by his uncle, and soon started to work as an Ottoman tax collector in his hometown. In 1798, Napoleon I invaded and occupied Egypt, prompting Ottoman authorities to send Imperial reinforcements to the territory in order to push out the French army. Ali arrived in Egypt in 1801 as part of this effort, and quickly parlayed his relationship with both Istanbul and the French occupiers to make himself the most suitable candidate for the post of Vali (Governor). He was awarded the post in 1805, and soon set about on a radical program of social, economic, cultural and political reform, leaving a controversial and contested legacy.

Colour photograph of a statue of a man in Ottoman clothing atop a horse, made of cast ironBas-relief inscription in Ottoman Turkish in white marble, in rectangle subdivided into four sections
(Left) The statue dedicated to Mehmet Ali Paşa by the Katikia Mehmet Ali Museum in Kavala, Greece. (© Michael Erdman)

(Right) An inscription in Ottoman Turkish identifying Mehmet Ali Paşa as the benefactor of the complex at the Katikia Mehmet Ali Museum in Kavala, Greece. (© Michael Erdman)

Mehmet Ali Paşa’s impact on Egypt is not the focus of the vakfiye, but it is worthwhile noting that even during his transformation of Egyptian society, the Paşa was still focused, in part, on his hometown of Kavala. Indeed, his house remains a tourist attraction in the city, testifying to the continued links between his family and the region well past Mehmet Ali’s departure for Egypt. In 1813, he had the above document drafted in Cairo, establishing a medrese, library and other charitable structures (known as the Imaret) in Kavala. The Imaret still exists, albeit as a luxury hotel catering to an exclusive clientele. The document, which outlines the legal framework for the endowment, the financial sums at play, and the eventual management of the site, is an exquisite example of text production from Ottoman Egypt. The unvan or header is particularly attractive, and bears witness to what might be Western European influences in the selection of colours and the design of the floral patterns throughout the start of the text. The sheer volume of the gold itself is another indicator of the value – both financial and legal – of the text, as it is used liberally throughout.

Two page spread of manuscript in Arabic script with gold bands between text and gold margin lines. Top right hand corner features floral illumination in red, green, blue, black, white, pink and purple inks as well as gold.
The unvan and opening text of the zeyl or codicil to Mehmet Ali Paşa's Vakfiye, featuring floral illumination in the unvan clearly inspired by the aesthetic of the original vakfiye. (Zeyl. Istanbul, 1817. Or 16281, ff 1v-2r)
CC Public Domain Image

In 1817 CE, this vakfiye was amended by a codicil, known as a zeyl, by a scribe in Istanbul. The zeyl is found at Or 16281 and provides us with an exceptionally interesting counterpoint to the original document. This text was created in Istanbul, not Cairo, but it shows a clear desire to mimic, at least in part, the illumination found on the original vakfiye. It too features floral scrolls within the unvan that are reminiscent of European styles of painting, as well as a heavy usage of gold through the first few folios. Unlike Or 16280, we can easily identify the scribe who created this beautiful example of Ottoman illumination and calligraphy. Mustafa Vasıf Efendi was gainfully employed as the Royal Scribe and Türbedar of Sultan Abdülhamit I, indicating just how important legal documents sponsored by Mehmet Ali Paşa must have been considered at this time. In some ways, the content of the zeyl – which stipulates that revenue from property at Thasos should be used to finance a charitable institution for boys in Kavala – would appear to be out of sync with the grandeur of the decoration and the stature of the artists. But both point to the importance of rank and hierarchy in the Ottoman Empire, and the manner in which these influenced decisions about cultural production.

Single page of Arabic-script text among considerable gilded illumination in various geometric forms, incorporating ownership seals in black. These surround a naturalistic illustration of roses, some of which have blossomed and others still budsPage of Arabic-script text with gold bands between the lines, surrounded by heavily gilded illumination in various shapes and floral illustrations in pink, green and black
Opening text to a 17th-century vakfiye (right) and explanations of the terms of the vakfiye, as well as signatures and seals of witnesses (left) among heavily gilded floral illumination and the illustration of a rose. (Vakfiye. Thessaloniki, 18th century CE. Or 16615) 
CC Public Domain Image

Mehmet Ali Paşa was obviously an important figure in Ottoman history, and that undoubtedly accounts for the richness of both the vakfiye and the zeyl. But other figures, including those less prominent, were able to finance equally exquisite pieces. Or 16615, an 18th-century document from Thessaloniki, contemporary Greece, is another unique example of gold meets art meets legal document. Commissioned by Eminzade el-Hacc Ahmet Ağa ibnü’l-Hacc Mehmet Ağa İbn-i Yahya Çavuş, a resident of İsa Bey Mahallesi in the Tuzcu Sinan Bey area of Kara Firya, this vakfiye features delicately illustrated roses among heavy gilding. There are also gilded crown-like illumination, gilded cloud bands, and plenty more bling in and among the text, signatures, and seals. The content of the vakfiye is just as captivating. It establishes the source of funds for the creation of a largely self-sufficient charitable, educational and religious community in the İsa Bey Mahalle, all of which would service young men seeking to pursue religious studies. Beyond this, however, it also lists the titles of some 33 books that formed part of a library included in the vakıf as well as their valuation. The document thus provides us with greater insight into the construction of libraries in the Ottoman Empire and their perceived value, at least in monetary terms. These terms, which are included in the main text, are made even more generous following an addendum to the original endowment. In this zeyl, the sponsor, who is now resident in Istanbul as the Director of the Imperial Gunpowder Magazine, gifts further financial support for various institutions of religious education across the centre of the Empire.

Double page of text in Arabic script, primarily in red ink, organized on the left-hand side in a grid with numbers in black ink
The opening of a copy of Köprülü Mehmet Paşa's vakfiye, including a listing of the contents of the document according to the locations of the property disposed of within the text. (Vakfiye. Istanbul?, 18th century. Or 6353 ff 3v-4r)
CC Public Domain Image

Importance of content was not always signalled by ostentatious illumination. Or 6353 contains a series of vakfiyeler that all relate to the Köprülü family in the late 17th century and early 18th century CE. Among the best-known clans of Ottoman bureaucrats and literati, the Köprülü family members contributed to the creation of Ottoman civil and military bureaucracy. An ethnically-Albanian group from the town of Köprülü, now Veles, North Macedonia, they had a profound impact on the articulation of Ottoman court and literary culture. The manuscript itself is an 18th-century copy of the original vakfiye documents, which related the legacies of Grand Vizier Köprülü Mehmet Paşa; his son Fazil Ahmet Paşa; Ayşe Hanım, wife of Mehmet Paşa and mother of Köprülüzade Mustafa Paşa (Mehmet Paşa’s second son); and Mustafa Paşa’s son Vizier Abdullah Paşa. Their vakfiyeler, therefore, show how rich and well-connected men and women acquired and disposed of their wealth in the late Ottoman period, and how such actions were influenced by both social conventions and public perceptions. The vakfiyeler address the disposition of a wide range of movable and immovable properties, including, in that of Fazıl Ahmet Paşa, a complete listing of the manuscripts contained within his library bequeathed as part of the vakıf.

Page of Arabic-script text surrounded by a gold borderPage of Arabic-script text surrounded by a gold border and featuring a small band of gold and red and blue floral designs towards the end of the page
The start of Şemseddin Ahmet İbn-i Abdülmuin's vakfiye, featuring understated gilded illumination, and disposing of property across Istanbul. (Vakfiyename. Istanbul, 920 AH [1514 CE]. Or 12871, ff 1v-2r)
CC Public Domain Image

Similarly, Or 12871, a vakfiye copied in Cemaziülevel 920 AH (June 1514 CE), speaks to the wealth and influence amassed by members of the Ottoman Islamic religious bureaucracy. This manuscript records the legacies of Şemseddin Ahmet İbn-i Abdülmuin, the Mütevelli of the Aya Sofya Mosque, and bears understated illumination in gold, blue and red inks. These take the form of bands with small floral details, or golden stars atop delicate floral illustration. But the real value of Abdülmuin’s legacy is the information that it provides us regarding the urban landscape and demographics of Istanbul in the 16th century CE. As the donor appears to have owned a considerable amount of property across the city, the document speaks of this immovable wealth, its uses and endowment, and the ethno-religious composition of the neighbourhoods in which Abdülmuin’s properties were located. Although not intended as such, this vakfiye is a rich source of social history of the city during its first century under Ottoman rule.

Single page of Arabic-script text in black ink with occasional use or red ink for catchwords, surrounded by a border in goldSingle page of Arabic-script text in black ink with occasional use or red ink for catchwords, surrounded by a border in gold. The top of the page features a triangular illumination showing comprise of small floral image all very detailed, painted in red, blue, green, purple, black and gold inks
The first pages of Ahmet Reşit Efendi's vakfiye describing the establishment of charitable institutions in the Arabpaşa quarter of Lefkoşa, Ottoman Cyprus. (Vakfiye. Lefkoşa?, 1235 AH [1819-20 CE]. Or 13142, ff 1v-2r) 
CC Public Domain Image

The last of the vakfiyeler of interest in the collection is Or 13142, which comes to us from Lefkoşa (Nicosia) in Cyprus. Cypriot manuscripts are relatively rare within our holdings, and the fact that one of them refers to the island’s economy, social organization, and legal structure is exciting. The gold margins seem tame when compared to Or 16615, but the veritable garden of floral illumination found in the unvan is a spectacular example of Ottoman decorative arts. The wide range of hues and tones give the image considerable depth, which is only complemented by the irregular shape of the unvan. Right at the bottom, we find the seal of el-Seyit Mehmet Salim, the copyist of the manuscript. Or 13142 opens a window onto the manner in which families used the institution of the vakıf to keep their wealth in the clan’s hands in all but legal title. The document calls for income from a property owned by Ahmet Reşit Efendi in the Arabpaşa District of Lefkoşa to be used for a medrese at which Kâtip Ahmet Efendi is to be mütevelli (trustee), succeeded, throughout time, by his sons. Ahmet Efendi’s son-in-law, Sufi Mehmet Efendi İbn-i Abdullah, meanwhile, would be the müderris (teacher) at this medrese, as would his sons after him, all of whom would be paid a stipend from the endowment established by Ahmet Reşit Efendi. Whether perceived as nepotistic at the time or not, it is clear that the vakıf helped protect accumulated wealth from seizure by the state, while also providing future generations with relatively secure access to the fruits of that wealth over the years to come.

A single page with Arabic script in black ink and two ownership seals, one of which is large and features ornate Arabic calligraphy
A page from a copy of the Nasihatu'l-müluk featuring an ownership seal identifying this volume as part of the vakıf of eş-Şehit Ali Paşa. (Salihi?, Nasihatu'l-müluk. Cairo, 967 AH [1559-60 CE]. Or 9728, f 1r)
CC Public Domain Image

There are, undoubtedly, other vakfiyeler waiting to be fully catalogued and explored within the British Library’s Turkish and Turkic collections. Even when this is complete, however, it will only reflect part of the story of legacies as contained within our holdings. Or 9728, a copy of the treatise on political science known as Nasihatu’l-müluk, helps to explain why. Among the various ownership seals found throughout the text, one of them identifies the work as being part of the vakıf of eş-Şehit Ali Paşa. As seen in Or 16615 and Or 6353, entire libraries, and therefore individual books, often formed parts of evkâf. A comprehensive survey of the seals and ownership inscriptions in the Library’s manuscripts, therefore, is the only way in which to determine, grosso modo, the extent to which the British Library’s holdings are tied, indirectly, to the institution of the vakıf as practiced throughout the Ottoman Empire.

Until such a monumental feat of manuscript research can be undertaken, we will simply have to satisfy ourselves by remaining in awe of the bold, ostentatious beauty created by many of the Ottoman Empire’s crafters of vakfiyeler.

Dr. Michael Erdman, Curator of Turkish and Turkic Collections
CCBY Image

 

17 July 2020

Autograph responsum of Moses Maimonides, pre-eminent Jewish polymath and spiritual leader

While awaiting the postponed opening of our exhibition Hebrew Manuscripts: Journeys of the Written Word, I am delighted to offer our readers and followers snapshots of its magnificent contents. Among the 39 Hebrew manuscripts included in the exhibition, there are three pertaining to Maimonides. In this blog, I will be highlighting an all-time favourite - Maimonides’ signed responsum (Or 5519 B), which was discovered in the 19th century in the Cairo Genizah.

Maimonides’ responsum.  Fustat, Old Cairo, Egypt, 12th century CE (British Library Or 5519B)
Maimonides’ responsum.  Fustat, Old Cairo, Egypt, 12th century CE (Or 5519B)
 noc

Who was Maimonides?

One of the greatest Jewish sages of all times, Mosheh ben Maimon (b.1135, Cordoba, Spain, d.1204, Fustat, Old Cairo, Egypt), was not only an outstanding legal authority, erudite philosopher and celebrated physician, but, also the most influential Jewish spiritual leader of his era. The Arabs amongst whom he spent most of his life knew him as Abu Imram Musa ibn Maimun al-Qurtubi. To Western Christian scholars he was known as Moses Maimonides or simply Maimonides, while his own people called him Rambam, an acronym of Rabbi Mosheh Ben Maimon.

Monument of Maimonides in Córdoba, Spain
Monument of Maimonides in Córdoba, Spain. Photo: Ajay Suresh from New York, NY, USA
 ccownwork

A polymath with a stupendous intellect and an astonishing memory (legend has it that he retained every word and thought after reading a book), Maimonides displays an unmatched originality, incisive analytical power and profound erudition in most of his works. There is hardly a discipline of medieval scholarship, or field of Jewish knowledge that he did not master and cover in his writings. He was a polyglot fluent in Arabic and Hebrew, and seemingly well acquainted with Aramaic, Greek, Latin, Persian and Spanish.

Although Maimonides’ literary legacy encompasses a vast corpus of writings in a broad range of disciplines, he is famous for composing three of Judaism’s major works: the commentary to the Mishnah - oral tradition of Jewish Law (1168 CE), the Mishneh Torah (The Second Law or the Mighty Hand) a monumental code of Jewish law (1178 CE), and the Moreh Nevukhin (The Guide for the Perplexed), probably the most authoritative Jewish philosophical treatise of the medieval era (1190 CE).

lavishly illuminated page from the Lisbon Mishneh Torah embellished opening to Sefer Nezikin (Book of Damages)
Left: lavishly illuminated page from the Lisbon Mishneh Torah. Lisbon, Portugal, 1472 (Harley MS 5698, f. 11v);
right: embellished opening to Sefer Nezikin (Book of Damages), Lisbon Mishneh Torah. Lisbon, Portugal, 1472 (Harley MS 5699, f. 277v)
 noc

What are responsa?

A rich source of historical and sociological material, responsa (singular responsum) are written answers to questions asked of various rabbinic authorities on religious, legal or general matters. This rabbinic-talmudic literary genre (Hebrew she’elot u-teshuvot) spans more than fourteen centuries and covers the vast geographical expanse of the Jewish Diaspora.

The beginnings of the genre can be traced back to the late talmudic period (c. 6th century CE) when the geonim–teachers and scholars of the Babylonian academies–began receiving legal questions from diasporic countries. The preservation of this material in Cairo, which between the 6th and 11th centuries CE served as the principal distribution centre for answers sent onwards to western North African Jewish communities, contributed further to its survival. Not surprisingly, a hoard of ‘gaonic responsa’ was found among the treasures accumulated in the Cairo Genizah when it was uncovered more than a century ago.

Autograph responsum of Moses Maimonides

Difficult cases were referred by local rabbinic courts to the world-renowned authority Moses Maimonides in Fustat, Old Cairo, and the latter drafted his reply, or responsum as in this example. This case concerns a teacher who regretted an oath he had taken not to teach the daughters of a certain person. The oath, which had been prompted by slanderous remarks, resulted in loss of earnings for the teacher and disruption to the girls’ education. Maimonides’ succinct answer rules that the teacher should rescind the oath in front of ‘three Israelites’, then resume his work as before. The last word in the document is Maimonides’ signature Mosheh (Moses).

Maimonides’ own handwriting
Maimonides’ own handwriting with his signature (last word in line 3). Fustat, Old Cairo, Egypt, 12th century CE (Or 5519B, detail)

The enquiry was written, presumably by a professional notary, in a semi-square Spanish-Maghrebi hand, in a mixture of rabbinic Hebrew and Judeo-Arabic. It begins with a sequence of honorific attributes addressed to Maimonides such as for instance: Mosheh ha-rav ha-gadol (Moses the Great Rabbi) and ha-Patish he-hazak (the powerful hammer). The succinct reply, in the same mixed languages, is in Maimonides’ own hand and occupies the last three lines of text.

The question addressed to Maimonides with honorific attributes
The question addressed to Maimonides with honorific attributes (line 2 from the top). Fustat, Old Cairo, Egypt, 12th century CE (Or 5519B, detail)

Apart from illustrating Maimonides’ unsurpassed authority and the veneration he commanded from the Jewish world, this significant autograph manuscript shows Maimonides’ sympathetic approach and high degree of pragmatism when dealing with his fellow co-religionists’ predicaments. It also provides a glimpse of Jewish life in twelfth-century Egypt and demonstrates that, contrary to popular belief, education in medieval times was not restricted to Jewish males.

Over five hundred responsa written by Moses Maimonides are known to have survived. They are priceless testimonies to his thinking on applying the law to actual cases, and illuminate the social conditions prevailing during his lifetime. Maimonides’ legal answers embrace a broad spectrum of life situations including business partnerships, conversion to Judaism, inheritance, marriage and divorce, oaths, and others. Although many lack the date of composition, it is generally accepted that they were written between 1167, shortly after his arrival in Egypt and 1204, the year of his death. The first collection of Maimonides’ responsa appeared in print only in the 18th century. Noteworthy scholarly collections that have been published since include Alfred Freimann’s 1934 edition, and Joshua Blau’s 1957-61 four-volume compilation, both in Hebrew.

Further readings

Blau, Joshua, Teshuvot ha-Rambam. 4 vols, Jerusalem: Mekize Nirdamim, 1957-1961.
Freimann, Alfred, Teshuvot ha-Rambam, Jerusalem, Mekize Nirdamim, first edition, 1934.
Halbertal, Moshe, Maimonides: Life and Thought, Princeton University Press, 2014.
Kraemer Joel L., Maimonides: the Life and World of one of Civilizations’ greatest minds, Doubleday Religion, 2010.
Zuroff Abraham N., The Responsa of Maimonides,Yeshiva University, 1966.

Ilana Tahan, Lead Curator Hebrew & Christian Orient Studies
 ccownwork

20 April 2020

Sir William Jones’ manuscript copy of al-Fatawa al-'Alamgiriyyah

Upon disembarking in India in 1783 as a new puisne Judge at the Supreme Court of Judicature in Fort William, now Kolkata, which covered the districts of Bengal, Bihar and Orissa, William Jones encountered a problem: how do British judges, relying, as they did, on pandits and maulavis to translate Arabic, Persian and Sanskrit legal texts into English and provide interpretations of the law for the Muslim and Hindu communities, ensure that they are applying the law as it ought to be applied, rather than as desired by the translators and scholars? Jones himself was very conscious of the possibility of corruption; indeed, this distrust of the pandits’ interpretations of the texts were his main motivations to learn Sanskrit (Jones, Letters, 2:666).

Beginning of volume 2 of the Fatawa al-alamgiri
 The opening of volume two of William Jones' copy of al-Fatāwā al-ʻĀlamgīriyyah, with Jones’ signature included in the heading (British Library RSPA 88). Public domain

The problem was not so much one of corruption or misinterpretation of the law, of course. Jones, hailing from one culture of law, was confronted by not one but two new legal systems in India, that of Islamic Law (fiqh) and the legal theory and jurisprudence of the Hindu community, which developed into the term Hindu Law during the British colony. In 1772, Warren Hastings, then governor, enforced that all Indians would be subject to Indian (Islamic and Hindu) law and that the approach to this law would be text-based rather than based on local custom. Medieval Islamic Law varied in theory and practice widely between the four Sunni and two (major) Shia schools and was fundamentally constructed on different principles with different goals from English law. The same is true of what became Hindu law; the administration of this by the Supreme Court was “fraught with difficulty” (Evison, 1998, 126) because of both the difficulty the pandits had working in a system where they were not able to access details of the case at hand, but rather relied on notes from the judge, and also the fact that the methods of interpreting traditional shastric literature were not conceived to provide simple universal answers to the questions posed by the British court system (see Evison, 1998, 126-8).

In this text-based legal culture, Jones aimed to acquire his own manuscript copies of important texts in Arabic, Persian and Sanskrit, in order to ensure he had access to the original material upon which customary law, he assumed, had been based. One of the most important of the texts he acquired was his five-volume copy of al-Fatāwā al-ʻĀlamgīriyyah (MSS RSPA 87, 88, 89, 90 and 91); it was the end result of a long period of legal scholarship undertaken by a wide range of legal scholars and commissioned by the Mughal Emperor ʻĀlamgīr, better known as Aurangzeb (r.1658-1707). The text, recommended to Jones by an acquaintance of his, Mīr Ḥusayn ʻAlī (Jones, Notebook, 7, 13), proved to be one of the cornerstones of the British imperial legal system and one of the most prominent texts through which the colonial authorities administered Muslim law.

MS RSPA 87, is, however, very different from the other manuscripts in the collection. This manuscript volume was rebound in the standard India Office half-leather brown-maroon binding with wine-coloured marbled endpapers (like most of the Jones collection). The other volumes are still in their 18th-century brown leather-and-board binding, which has mostly become detached, except for MS RSPA 91, which is also bound in the India Office Library style.

Seal impressions of former owners (RSPA 87  f. 1r)
The initial leaf of volume one of al-Fatāwā al-ʻĀlamgīriyyah with previous owners' seals and inscriptions (British Library RSPA 87, f. 1r). Public domain

The script and paper of the manuscript are also very different from the others, which are all copied in one continuous neat naskh hand on a light-cream, thick, woven paper. The paper of this volume is, however, a worm-eaten and discoloured woven paper, whilst the hand is a thick, rough nastaʿlīq. The volume, then, is clearly from a different text production and would presumably have formed part of a different set of manuscripts, which are not part of the Jones collection. Equally, the same applies to the other set: whatever happened to the first volume?

It might be seem axiomatic that Jones should buy from different manuscript sets of al-Fatāwā al-ʻĀlamgīriyyah. Why should it matter that one manuscript comes from a different place than the others? Perhaps he just bought the volumes which were available at the time and supplemented elsewhere with MS RSPA 87 (or vice-versa) when he could. Looking at any seals might be instructive. Where did they come from? When did they become grouped together into the same collection of manuscripts?

Seal B Seal C Seal D and inscription
Seals B, C and D indicating former owners of RSPA 87. Public domain

MS RSPA 87 has the greatest number of seals and, naturally, being the odd one out of the series, the most distinct lineage. On the first folio, there are four seals. At the top (seals A and B) are two copies of the same seal with the legend, ʻAbd al-Ḥaqq murīd-i pādshāh-i ʻĀlamgīr sanah 36 (1692-93) which translates to “ʻAbd al-Ḥaqq, disciple of the Emperor ʻĀlamgīr in the regnal year 36,” meaning that this ʻAbd al-Ḥaqq owned this manuscript not earlier than 1692. In the accompanying ownership statement, ʻAbd al-Ḥaqq is noted to be the son of ʻAbd al-Wahhāb, a deceased judge. Seal C is a Qur’anic seal quoting verse 45 of surah 19 (Sūrat Maryam) which does not tell us much about the owner. The final seal (D) on this page is that of Ḥāfiẓ Masʻūd Khān dated 1153AH (1740-41AD). Alongside this seal, there is a note that states he bought the manuscript in 1162AH (1748-49AD).

Seal of Akram al-Din RSPA90 Seal pf Hafiz Masud RSPA91
Left: seal of Akram al-Dīn (RSPA 90) and right: acquisition note dated 1162 (1748-49) and seal of Ḥāfiẓ Masʻūd Khān (RSPA 91). Public domain

The other four volumes in the series have a different origin. The oldest seal on all of these manuscripts is that of Muḥammad Abū al-Fatḥ Akram al-Dīn dated regnal year 39, 1107AH (1695-96AD), again making this set of manuscripts a copy of the text dating from the reign of Emperor ʻĀlamgīr, albeit a younger copy than MS RSPA 87. These manuscripts then all bear the same origin; what becomes interesting is that these manuscripts also all bear the seal of Ḥāfiẓ Masʻūd Khān dated 1153AH (1740-1AD). It is possible that Ḥāfiẓ Masʻūd Khān bought them from someone else who previously grouped the manuscripts together, especially given that he acquired them all in the same year (1162/1748-49).

Inscription of Muhammad Anwar RSPA87
Note dated Jumāda al-Awwal 1196AH (April-May 1782AD) by Sayyid Muḥammad Anwar (British Library RSPA 87, f. 1r). Public domain

So, we have identified Ḥāfiẓ Masʻūd Khān in the year 1162AH as the point at which we can positively assert that the manuscripts were definitely grouped together, with it being possible that they had been previously grouped and sold together to him. What, then, can we say about what happened next? On MS RSPA 87, there is a final acquisition note from a man named Sayyid Muḥammad Anwar ibn Sayyid Muḥammad Ghawth, who apparently acquired the manuscript in Jumāda al-Awwal in the year 1196AH (April-May 1782AD), only a year and a half before Jones acquired them, making Muḥammad Anwar the likely source of these manuscripts for Jones.

Through the seal record, then, we have been able to reconstruct the past history of Jones’s copies of al-Fatāwā al-ʻĀlamgīriyyah and provide the point at which we can definitively say this heterogenous manuscript collection had become grouped together as one text, predating Jones by some thirty years. In his notebooks, Jones lists this text first, before both al-Farāʼiḍ al-Sirājiyyah (MS RSPA 92), which Jones commissioned, and Mukhtaṣar al-Qudūrī, of which he owned two copies (MS RSPA 83 and MS RSPA 84) (see Jones, Notebook, 41); this manuscript text, covered in annotations and notes, which remain in need of extensive study, was therefore an integral cornerstone of his legal practice in India.

Further Reading

Evison, Gillian, “The Sanskrit Manuscripts of Sir William Jones in the Bodleian Library” in Alexander Murray (ed.) Sir William Jones 1746-1794: A Commemoration (Oxford: Oxford University Press, 1998).
Ibetson, David, “Sir William Jones as Comparative Lawyer” in Alexander Murray (ed.) Sir William Jones 1746-1794: A Commemoration (Oxford: Oxford University Press, 1998).
Jones, William, Letters of Sir William Jones (ed. Garland Cannon) (Oxford: Oxford University Press, 1970; in two volumes).
——— Autograph Notebook, ca. 1785. Yale University, Beinecke Library MS. Osborn c400; this notebook is from the first few years of Jones’s life in India and details people, places and the books he acquired.
Stephens, Julia, Governing Islam: law, empire and secularism in South Asia (Cambridge: Cambridge University Press, 2018).

Jonathan Lawrence, DPhil candidate at the University of Oxford, doctoral placement at British Library
CC BY

Asian and African studies blog recent posts

Archives

Tags

Other British Library blogs