§6.3 - Religious Supervision

Summary

COMMUNAL CONTROL IN RELIGIOUS LIFE

IN the medieval Jewish world, the supervision of religious practice and moral behaviour lay within the community's jurisdiction. The community in the Crown of Aragon enjoyed extensive power, so that its control of religious behaviour was tight. This control in the religious and ethical domain should not mislead us into thinking that the community was able in any way to impose uniformity of beliefs and opinions in any area that did not come within the strict definition of the halakhah. Not only would such an attempt have been futile, as the bans proclaimed during the Maimonidean controversies show, but no claim was ever made that the community had the right to punish members for their religious views and ideological tendencies. The above-mentioned bans constituted a deviation from communal authority. There was no provision in the framework of Jewish autonomy that could have sanctioned coercive and punitive measures in the field of opinions and beliefs.

In religious practice and moral conduct, the Jewish community in the Aragonese realm developed ways and means of supervision and punishment. Special officers, known as berure ‘averot, were appointed to eradicate transgressions. Communities therefore enacted ordinances that empowered them to seek permission from the king to punish and fine transgressors as they saw fit. Such an ordinance existed in Jaca. In small communities where there were no berure 'averot, some of the berurim would be put in charge of prosecuting any transgressor as the necessity arose. In some communities the beth din was given ample powers, similar to those found in Castile, to punish moral decadence and irreligious behaviour. In addition to the general charter given by the king enabling the community to punish members who broke the precepts of the Torah, in some communities the king permitted some of his favourites to combat transgressions and punish transgressors without the community's authority. This was usually opposed by the public and by most leaders of the communities.

THE SABBATH AND FESTIVALS

The observance of the Sabbath and festivals by all members inside and outside the judería was a major concern of the berurim. On the one hand, they had to ensure that no disturbance was caused by external factors on these days, and on the other hand, it was considered their duty to prevent their desecration and punish any desecrators inside the community.