Familiants Law

Last updated

Familianten or Familianten Gesetz was the German term commonly used for the laws and the related record books which regulated the number of Jewish families in the Czech lands in the 18th and 19th centuries.

Contents

Background

It was the avowed policy of the government to prevent any increase in the number of Jewish residents in the Czech provinces. When Maria Theresa revoked her edict expelling the Jews from these provinces (1745), it was on the condition that their number should not be increased; even her son Joseph II reasserted (1780–90) the condition. In 1787 a census was taken which showed the number of Jewish families in Bohemia (8,541) and Moravia (5,106). The number permitted in Bohemia was increased to 8,600, in Moravia to 5,400, while in Austrian Silesia 119 were permitted (patent for Moravia, Nov. 17, 1787; for Bohemia, various royal orders in 1788–89; for Silesia, Dec. 15, 1781). In Moravia the number of Familianten was distributed according to congregations, the largest being Nikolsburg with 620; in Bohemia and Austrian Silesia the Familiant was allowed to settle under the same conditions as were other Jews.

The number of marriage permits issued was limited to the number of deaths among the Familianten. An applicant for a permit was required to give surety for the payment of three years' taxes, to prove that he possessed at least 300 florins, to show that he had received a school education, to pass an examination in Jewish religion according to Herz Homberg's text-book, "Bene Zion," and to give evidence that he was at least twenty-four years of age. A first-born son, a school-teacher, or a veteran of the army had precedence over other candidates. The license was issued either by the county or by the provincial authorities (Kreisamt or Gubernium).

Besides the ordinary Familianten there were those who, in recognition of special merit, were permitted to marry as "supernumeraries". It was a rule, however, that they should be given the first license vacated by death. The law of Francis I (Aug. 3, 1797) permitted Jews who had served as volunteers in the army or who lived exclusively by agriculture or by technical skill to marry without regard to the number of established families. Those who married according to the Jewish law and without license were called Magranten (emigrants), because in order to be legally married they had to emigrate. Their weddings were called "garret-weddings". This law was abolished by the constitution of March 4, 1849, which made all civil and political rights independent of religious belief. It was, however, revived in a different form by a law of March 19, 1853, which declared that section 124 of the civil code, demanding a court license (kreisamtliche Bewilligung) for a Jewish marriage, had not been abrogated by the constitution. The difference between this and the former condition was only the abolition of the fixed number. This law was repealed Nov. 29, 1859. [1]

Legacy

One other result of the Familianten laws was that the government maintained very precise records of which families lived in which towns. The list of Familianten were collected in the Book of Jewish Familianten (also called "Mannschaftsbücher" in Moravia). Records were collected in 1799 and in 1811 and updated until about 1830. Each record comprised the name of county, registration number of the family in the whole land (based on "copulatio consensus"), the registration number of the family in the county (set up in 1725), name of the father, his wife, his sons and a few other family details.

Related Research Articles

<span class="mw-page-title-main">Zecharias Frankel</span> Bohemian-German rabbi and historian (1801–1875)

Zecharias Frankel, also known as Zacharias Frankel was a Bohemian-German rabbi and a historian who studied the historical development of Judaism. He was born in Prague and died in Breslau. He was the founder and the most eminent member of the school of positive-historical Judaism, which advocates freedom of research while upholding the authority of traditional Jewish belief and practice. This school of thought was the intellectual progenitor of Conservative Judaism.

<span class="mw-page-title-main">Jewish emancipation</span> 1700s–1900s European granting of liberties to Jews

Jewish emancipation was the process in various nations in Europe of eliminating Jewish disabilities, e.g. Jewish quotas, to which European Jews were then subject, and the recognition of Jews as entitled to equality and citizenship rights. It included efforts within the community to integrate into their societies as citizens. It occurred gradually between the late 18th century and the early 20th century.

Landesrabbiner are spiritual heads of the Jewish communities of a country, province, or district, particularly in Germany and Austria. The office is a result of the legal condition of the Jews in medieval times when the Jewish communities formed a unit for the purposes of taxation. As the community had to pay certain taxes to the government, the latter had to appoint someone who should be responsible to it for their prompt collection, and who consequently had to be invested with a certain authority. The office of Landesrabbiner had no ecclesiastical meaning until the 18th century, when the various governments began to consider it their duty to care for the spiritual welfare of the Jews. Such ecclesiastical authority, owing to the strictly congregational constitution of the communities, never took root among the Jews.

<span class="mw-page-title-main">Jacob Bassevi</span>

Jacob Batsheba Bassevi von Treuenberg was a Bohemian Court Jew and financier. Bassevi, sometimes also written Baschevi, was a son of Avraham Basch who originated from Italy. Early in his life he specialized in trading with silver which was the main component of the coins and currencies at his time. He ultimately became very wealthy, and stood in high favor with the emperors Rudolph II, Matthias, and Ferdinand II, to whom he frequently rendered financial assistance, particularly to Ferdinand, who needed large sums of money for the prosecution of the Thirty Years' War (1618–1648).

<span class="mw-page-title-main">Kingdom of Bohemia</span> Monarchy in Central Europe (1198–1918), predecessor of modern Czechia

The Kingdom of Bohemia, sometimes referenced in English literature as the Czech Kingdom, was a medieval and early modern monarchy in Central Europe. It was the predecessor state of the modern Czech Republic.

Between the 12th century and modern times, the Swiss city of Basel has been home to three Jewish communities. The medieval community thrived at first but ended violently with the Basel massacre of 1349. As with many of the violent anti-Judaic events of the time, it was linked to the outbreak of the Black Death. At the end of the 14th century, a second community formed. But it was short-lived and disbanded before the turn of the century. For the following 400 years, there was no Jewish community in Basel. Today, there are several communities, ranging from liberal to religious to orthodox, and there are still more Jews who don’t belong to any community.

<span class="mw-page-title-main">Austrian Silesia</span> Autonomous region of Bohemia and Austria (1742–1918)

Austrian Silesia, officially the Duchy of Upper and Lower Silesia, was an autonomous region of the Kingdom of Bohemia and the Habsburg monarchy. It is largely coterminous with the present-day region of Czech Silesia and was, historically, part of the larger Silesia region.

<span class="mw-page-title-main">Leibzoll</span> Tax on Jews in Europe

The Leibzoll was a special toll that Jews had to pay in most European states from the Middle Ages to the 19th century.

<span class="mw-page-title-main">David Friedländer</span> German banker, writer and communal leader (1750–1834)

David Friedländer was a German banker, writer and communal leader.

<span class="mw-page-title-main">History of the Jews in Austria</span> Ethnic group

The history of the Jews in Austria probably begins with the exodus of Jews from Judea under Roman occupation. There have been Jews in Austria since the 3rd century CE. Over the course of many centuries, the political status of the community rose and fell many times: during certain periods, the Jewish community prospered and enjoyed political equality, and during other periods it suffered pogroms, deportations to concentration camps and mass murder, and antisemitism. The Holocaust drastically reduced the Jewish community in Austria and only 8,140 Jews remained in Austria according to the 2001 census. Today, Austria has a Jewish population of 10,300 which extends to 33,000 if Law of Return is accounted for, meaning having at least one Jewish grandparent.

Nehemiah Hiyya ben Moses Hayyun was a Bosnian Kabalist, described by scholars as linked to Sabbateanism. His parents, of Sephardic descent, lived in Sarajevo, Bosnia, where he was most likely born, though later in life he pretended that he was a Palestinian emissary born in Safed. He received his Talmudic education in Hebron.

The history of the Jews in Laupheim began in the first half of the 18th century. Until the second half of the 19th century, the Jewish community in Laupheim, expanded continuously to become the largest of its kind in Württemberg. During this period, the Jewish community gradually assimilated to its Christian surroundings and its members prospered until the beginning of the Nazi-period in 1933. With the deportation of the last remaining Jews in 1942, more than 200 years of Jewish history in Laupheim forcibly came to an end.

<span class="mw-page-title-main">Herz Cerfbeer of Medelsheim</span> French Jewish philanthropist (1730–1793)

Herz Cerfbeer of Medelsheim was a French Jewish philanthropist. He was a contractor to the army, and employed his wealth and his influence with the French government in promoting the material and spiritual welfare of his coreligionists. The government permitted him to settle at Strasburg, in opposition to the wishes of the authorities of that city, who zealously enforced the law excluding Jews.

<span class="mw-page-title-main">Anti-Jewish legislation in pre-war Nazi Germany</span> Anti-semitic laws enacted by the German government in the late 1930s

Anti-Jewish legislation in pre-war Nazi Germany comprised several laws that segregated the Jews from German society and restricted Jewish people's political, legal and civil rights. Major legislative initiatives included a series of restrictive laws passed in 1933, the Nuremberg Laws of 1935, and a final wave of legislation preceding Germany's entry into World War II.

<span class="mw-page-title-main">History of the Jews in Regensburg</span>

The history of the Jews in Regensburg, Germany reaches back over 1,000 years. The Jews of Regensburg are part of Bavarian Jewry; Regensburg was the capital of the Upper Palatinate and formerly a free city of the German empire. The great age of the Jewish community in this city is indicated by the tradition that a Jewish colony existed there before the common era; it is undoubtedly the oldest Jewish settlement in Bavaria of which any records exist.

The history of the Jews in Tudela, Spain goes back well over one thousand years.

<span class="mw-page-title-main">History of the Jews in Hamburg</span>

The history of the Jews in Hamburg in Germany is recorded from at least 1590 on. Since the 1880s, Jews of Hamburg have lived primarily in the neighbourhoods of Grindel, earlier in the New Town, where the Sephardic Community "Neveh Shalom" was established in 1652. Since 1612 there have been toleration agreements with the senate of the prevailingly Lutheran city-state. Also Reformed Dutch merchants and Anglican Britons made similar agreements before. In these agreements the Jews were not permitted to live in the Inner-City, though were also not required to live in ghettos.

<span class="mw-page-title-main">Margraviate of Moravia</span> Part of the Bohemian Crown from 1182 to 1918

The Margraviate of Moravia was one of the Lands of the Bohemian Crown within the Holy Roman Empire and then Austria-Hungary, existing from 1182 to 1918. It was officially administered by a margrave in cooperation with a provincial diet. It was variously a de facto independent state, and also subject to the Duchy, later the Kingdom of Bohemia. It comprised the historical region called Moravia, which lies within the present-day Czech Republic.

<span class="mw-page-title-main">The Holocaust in Bohemia and Moravia</span> Nazi genocide of Jews

The Holocaust in Bohemia and Moravia resulted in the deportation, dispossession, and murder of most of the pre-World War II population of Jews in the Czech lands that were annexed by Nazi Germany between 1939 and 1945.

<i>The Greater German Reich and the Jews</i>

The Greater German Reich and the Jews: Nazi Persecution Policies in the Annexed Territories 1935–1945 is a book about the Holocaust in areas annexed by Nazi Germany. The book's chapters are arranged in chronological order by annexation date and cover the Saarland, Austria, the Sudetenland, Protectorate of Bohemia and Moravia, Memel Territory, Danzig and West Prussia, the Warthegau, Zichenau, East Upper Silesia, Eupen-Malmedy, Luxembourg, and Alsace-Lorraine. It was first published in German in 2010; an English translation was published in 2015. The book was edited by Jörg Osterloh and Wolf Gruner. The book received generally favorable reviews.

References

Bibliography

PD-icon.svg This article incorporates text from a publication now in the public domain : Deutsch, Gotthard (1903). "Familianten Gesetz". In Singer, Isidore; et al. (eds.). The Jewish Encyclopedia . Vol. 5. New York: Funk & Wagnalls. pp. 335–6.