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The ‘Orphans’ Decree’ in Yemen: Two New Episodes

2004; Taylor & Francis; Volume: 40; Issue: 4 Linguagem: Inglês

10.1080/0026320042000240393

1743-7881

Aharon Gaimani,

Jewish and Middle Eastern Studies

Click to increase image sizeClick to decrease image size Notes For testimony relating to the Orphans’ Decree passed by informants in their localities, see Y. Tobi, ‘The Jewish Community in Yemen’, in Y. Tobi (ed.), Moreshet Yehudei Teman (Jerusalem: Bo'i Teman, 1977), pp. 65–117. Avraham ‘Arusi reported on his emigration in 5683 (1923) that one of the rulers converted 42 male and female orphans to Islam; in the city of Ba‘dan in southern Yemen, eight others were likewise converted. See Y. Ratzaby, ‘Immigration to Eres Yisrael – Documents and Sources’, in Y. Ratzaby (ed.), Bo'i Teman (Tel-Aviv: Afiqim, 1967), pp.295–6. Yosef Shemen, one of the prominent rabbis in San‘a in the 20th century, tells of 20 orphans who were converted over the period of half a year. See Y.L. Nahum and Y. Tobi, ‘The Pamphlet Hayyei he-Temanim by Rabbi Yosef Shemen’, in Y. Yesha‘yahu and Y. Tobi (eds.), Yahadut Teman – Pirqei Mehqar we-‘Iyyun, (Jerusalem: Yad Izhak Ben-Zvi, 1976), p.130. See also S.D. Goitein, Jews and Arabs (New York: Schoken, 1974), pp.77–80. There is scant information on this decree prior to the 20th century. See ‘A. Qorah, Sa‘arat Teman (Jerusalem: Yihye ‘Amram Qorah, 1954), pp.157–8. Shalom Gamliel, based on a document he has published, reached the conclusion that the Orphans’ Decree was carried out only on the death of both the mother and father. See S. Gamliel, Ha-Yehudim weha-Melekh be-Teman (Jerusalem: Shalom Research Center, 1986), Vol.1, pp.214–6. M. Sadoq, Yehudei Teman (Tel-Aviv: Am Oved, 1983), pp.106–7; see also S. Gamliel, Pe'amei ha-Aliya mi-Teman (Jerusalem: Shalom Research Center, 1988), pp.238–41; ‘A. Qorah, Sa‘arat Teman, p.157. The Imam Ahmad, who assumed power in 1948 after his father Yahya was assassinated, continued his father's policy in this respect. See Y. Sadoq, Ma'avaqim we-Temurot (Tel-Aviv: Afiqim, 1989), p.248. Y.L. Nahum and Y. Tobi, ‘The Pamphlet’, p.133. S.D. Goitein, Jews and Arabs, pp.77–8. One of the émigrés residing in Aden on his way to Israel wrote to Avraham Tabib, vice-chairman of the United Yemenite Organisation in Palestine as follows: ‘My father knows – I only left my native land because of the decree. For in 5685 (1925) the son of the priest decreed that one who is an orphan may be coerced, Heaven forbid, may his name be blotted out. And I heard about this act, and left my money, dwelling, articles and domestic possessions and everything I had.’ See MS. ARC 14870, Jerusalem: National and University Library, Manuscript and Archives Department. An epistle from Aden about the immigration movement reads as follows: ‘In Aden there are many dozens of orphans who were brought from all the ends of Yemen, and in Yemen itself there are many more orphans. They are all waiting to immigrate to Eres Yisrael, since only this path can ensure their rescue from the decree of apostasy which lies in wait for them at any moment.’ Material from 1943, Ben-Gurion Heritage Archive, S'de Boqer Campus. See also A. Klein-Franke, ‘The Orphans from Yemen and their Immigration to Eres Yisrael during the British Mandate – Anatomy of a Rescue Activity’, in S. Gamliel, M. Caspi-Maswari and S. Avizemer (eds.), Orhot Teman (Jerusalem: Shalom Research Center, 1984), pp.85–111; Y. Hibshush, Ha-Shamad (Tel-Aviv: Shalom Research Center, 1996); B.-Z. Eraqi-Klorman, ‘Forcible Conversion to Islam of Orphans in Yemen – Responses of the Jews and Muslim Modes of Behavior’, Pe‘amim, 62, (1995), 82–110; idem, ‘The Forced Conversion of Jewish Orphans in Yemen’, Int. J. Middle East Stud. 33 (2001), pp.23–47; T. Parfitt, The Road to Redemption: The Jews of Yemen 1900–1950 (Leiden: E.J. Brill, 1996), pp.66–76. On orphans smuggled to Aden disguised as Arabs, see S. Amihud, Pe‘ulot Sadiq – aYabiy'a‘ (Heme'd, 1987), p.261. It is told of the Chief Rabbi Yihye Yishaq Ha-Lewi that at real hazard, he sent for orphans to be brought to San‘a in order to save them from the decree. See H. Sadoq, Masa Teman (Tel-Aviv: E‘ele Betamar, 1985), pp.270–1. Rabbi Yihye Greidi, Rabbi Shelomo Malahi and Suleiman Ma‘uda, community heads in Dhamar, were arrested for their activity in this regard. See S. Greidi, Yamim Yedaberu (Tel-Aviv: 1995), pp.21–2; M. Sadoq, Yehudei Teman, pp.108–9; N.B. Gamlieli, Teman u-Mahane ha-Ge'ula (Tel-Aviv, 1966), p.177. Rabbi Yihye Nahum, emissary of the San‘a rabbinical court to examine the slaughterers, was tortured for his activity. See A. Gaimani, ‘Rabbi Yihye Nahum and his Immigration to Eres Yisrael’, Ha-Siyonut, 23 (2001), pp.143–4,159. See B. Lewis, Ch. Pellat and J. Schacht (eds.), The Encyclopedia of Islam, New Edition, Vol. 2, (Leiden: E.J. Brill, 1965), col. 931b–32a, s.v. Fitra; S.D. Goitein, Jews and Arabs, p.78; idem, ‘Hayim Hibshush and His Book Hizayon Teman’, in Y.N. Epstein, F.W. Bodenheimer and Y.Behr et al. (eds.) Sefer Magnes, (Jerusalem: Hebrew University Press, 1938), p.91, n.11; ‘A. Qorah, Sa‘arat Teman, p.157; S. Gamliel, Pe‘amei ha- ‘Aliya mi-Teman, p.235. ‘A. Qorah, Sa‘arat Teman, p.158. Letter in possession of his son R. Pinhas Qorah, Benei Beraq. Letter in possession of his son R. Pinhas Qorah, Benei Beraq. The letter is signed by R. Moshe Yishaq Lewi, R. Hayim Badihi, Mr. Salim Hamdi and R. Yosef Shemen. See Z. Gluska, Lema‘an Yehudei Teman (Jerusalem: Ya‘aqov Ben David Gluska, 1974) p.407; S. ‘Amihud, Pe‘ulot Sadiq -Yabiy'a‘, pp.230–1. Dr Beigel, the physician and camp director, and Rahel Mashat, the nurse, looked after the orphans' health and cared for them with devotion. See N.B. Gamlieli, Teman u-Mahane ha-Ge'ula, pp.176–7; J. Tobi, West of Aden: A Survey of the Aden Jewish Community (Netanya: Association for Society and Culture, 1994, pp.100–2. On his activity in smuggling orphans, see the next section. The letter is signed by R. Yosef Shemen, R. Hayim Badihi, R. Moshe Yishaq Lewi, R. Yosef Qorah, Mr Shalom Hamdi, R. Shalom Qorah and R. ‘Amram Qorah. See the Zionist Archive, file A 237/20. S. ‘Amihud, Pe‘ulot Sadiq -Yabiy'a‘, pp.215–6. Dated 19 Iyyar 5708 (28.5.1948). The letter is addressed to R. Moshe Yishaq Lewi, R. Yosef Shemen, R. Yosef Qorah and R. Hayim Badihi. Letter in possession of R. Pinhas Qorah, Benei Beraq. R. Salim Pinhas was a legendary figure among the San‘a sages at the time of the Mawza‘ exile (1679). He died on the road outside San‘a and his grave bcame a holy place for pilgrimages. See Y. Tobi, ‘Iyyunim be-Megillat Teman (Jerusalem, 1986), p.158. Interview by ‘Anat Gamliel, who lives in his neighborhood in Herzliya. Oral communication from Yosef Mathana, Beer Sheva‘. The descendants of Hasan Yihye Salim immigrated to Israel and live in Hod Hasharon and Nahalat Yehuda, Rishon-le-Zion. See below, Letter A. See also ‘A. Qorah, Sa‘arat Teman, p.157. On the custom of growing sidelocks in Jewish communities and in Yemen, see E. Zimmer, ‘Olam ka-Minhago Noheg (Jerusalem: Zalam Shazar Center, 1996), pp.43–71. Oral communication to the author. He immigrated to Israel with the ‘On Eagles' Wings' operation in 1950 and lives in Benei Beraq. There are several communities named Khawlan. See Ibrahim Ahmad al-Maqhafi, Mu‘ajjam al-Mudun wal-Qaba'il al-Yamaniyyah (San‘a: Dar al-Kalima, 1975), pp. 147–9. Apparently the Khawlan lying south-east of San‘a is intended, where there existed a Jewish community until the mass exodus of Yemenite Jewry. This was during the tenure of Sion Aharoni as director of the Palestine Office in Aden, who is mentioned in their letter. See below, note 72. In a letter dated 29 Marahshewan 5689 (12.11.1928) by R. Avraham Badihi from Yemen to Eres Yisrael, he writes ‘and this week they took 5 children from the city of Khawlan; 2 of them ran away and 3 were forcibly converted. It is said that they were orphans with no father or mother’. See Y.L. Nahum, Mi-Sefunot Yehudei Teman (Tel-Aviv: Afiqim, 1987), pp.235–6. If the episode under discussion is intended, then this letter provides us with its date. Literally komer; i.e. the Muslim ruler. The Jews called the Muslim cleric komer. See Y. Ratzaby, Osar Lashon ha-Qodesh Shelivnei Teman (Tel-Aviv, 1988), s.v. komer. That is their holiday. The Muslims have two main holidays during the year. Literally qalon, a derogatory play on words used by Yemenite Jews for the Qur'an. See Y. Ratzaby, Osar Lashon ha-Qodesh Shelivnei Teman, s.v. qalon. Literally tame, a derogatory term used by Yemenite Jews for a Muslim. See Y. Ratzaby, Osar Lashon ha-Qodesh Shelivnei Teman, s.v. tame. See below, letter B. Oral communication from Shalom Sabari, Qiryat ‘Eqron. Cf. also Y. Qafeh, Halikhot Teman (Jerusalem: Ben-Zvi Institute, 1962), pp.107–8. I gratefully acknowledge the aid of Tamar Greidi in interviewing Yisrael Washdi. R. ‘Amram Qorah holds that the decree included orphans up to the age of puberty; that is, 12 to 13. See Sa‘arat Teman, p.157. Avraham Tabib, who immigrated from Yemen early in the 20th century, writes in his letter to Herbert Samuel in 1924 that the decree was on orphans up to the age of 16. See A. Klein-Franke, ‘The Orphans from Yemen’, p.86, note 4. It stands to reason that the decree was observed according to Rabbi Qorah's opinion. For personal accounts of orphan child marriages, see S. Amihud, Pe‘ulot Sadiq -Yabiy'a‘, pp.239–66. MS. ARC 14870, National and University Library, Manuscript and Archives Department, Jerusalem. In translating the Biblical verses I have been aided in part by the ArtScroll Tanach Series. The letter carries the annotation ‘True copy of the original.' Feb. 1929. His wife. Cf. Psa 24:5. Cf. Berakhot 54a: ‘With all your might’ (me'odekha) (Deut. 6:5). For every measure (midda) which He measures out to you, be very, very thankful to Him. The religious tension was greater in the cities than in the villages where neighbourly relations developed. This was one of the reasons for the fact that there were places where the decree was ignored. Gen. 27:34; cf. Esth. 4:1. Isa. 63:5. Cf. Deu. 32:39. Cf. Ruth 4:15. Jer. 8:3. Cf. Hagiga 13a: We do not hand over chapter headings except to the chief justice and to anyone whose heart is concerned within himself. Well based; in other words, he left a large inheritance. Cf. Psa. 20:6. His wife. Psa. 37:3. Gen. 49:18. Psa. 37:31. The Land of Israel, cf. Psa. 16:3. Cf. Isa. 34:16. Avot 2:8. Cf. Qiddushin. 58b: What he has done is done. Cf. Prov. 8:4: ‘To you, O men, I call.’ Out of respect for their wisdom, he wrote ‘elders' (yeshishim) instead of ‘men’ (ishim); cf. Job. 12:12: ‘with the elders there is wisdom’. Wegomerim, based on the Aramaic root gamar meaning study. The Qabbala. The Patriarchs; cf. Rosh Hashana 11a. Cf. Berakhot. 57a: Your temple (raqateikh) is like the slice of a pomegranate (Song 4:3). What is raqateikh? Even the empty ones (reiqanin) among you are full of commandments as a pomegranate. Cf. Isa. 38:16. Gen 15:1, 22:1, 39:7. The Muslim ruler. Their holiday. That is, accepted. The Qur'an. Muslim. To our residence in the city of Khawlan. Under British tutelage. Director of the Palestine Office in Aden in the years 5688–5698 (1928–38). See R. Aharoni, Yehudei ‘Aden (Tel-Aviv: Afiqim, 1991), pp. 63,101–5. Cf. Gen. 37:26, 47:19. Thrown out into the street; cf. 1 Sam. 2:8, Psa. 113:7, Lam. 4:5. That is, remember. He is hinting to them that the distinction of the Jews is that they are bashful, merciful and charitable; cf. Yevamot. 79a. That is, look for a way. The hint is to the time the letter was sent, the week in which the Torah portion Shelah in Numbers 13 is read. Their intention in citing Shelah (‘send’) was that a permit and money be sent in order to facilitate their immigration. Referring to the father. Cf. Sam. I 25:29. The word is repeated to emphasize the urgency of the situation.