The Social and Legal Status of Jews in the Grand Duchy of Lithuania and its Influence on the Status of Tatars and Karaites

Abstract

At the end of the fourteenth century, when Lithuania was baptized, three non-Christian communities — Jews, Tatars, and Karaites — began to settle in the territory of the Grand Duchy of Lithuania, and their legal and social status began to take shape. The segregation of Jews from Christians was legitimized in the first privilege granted for the Jews of Brest in 1388 by the Grand Duke Vytautas (Witold, Vita&ŭt) the Great. This privilege, which adapted Western variations of the Judenrecht to Lithuanian realities and introduced some local improvements, began the process of the formation of the legal and social status of non-Christians in the Grand Duchy. The expulsion of Jews to the margins of the estate system of the Grand Duchy of Lithuania, the establishment of the incumbency of the iudex iudeorum and internal community court, and the fully formed relations between the Jews and the legal system of the Grand Duchy were used as reference points in trying to define the legal status of the Tatars and the Karaites. In the case of Karaites, Magdeburg law, which was already known in Lithuania, was adopted. Grand Duke Casimir Jagiellon granted such a privilege to the Trakai (Troki) community in 1441, and the Karaite community’s life was organized according to the principles of the existing model of urban self-government. For some time the legal status of the Karaites differed from that of the Jews. Despite its uniqueness, Magdeburg law was not applied to the community’s everyday life, and the Karaites gradually absorbed the privileges granted for the Jews (especially that of 1646). The Tatars, who were socially stratified within their community and thus had different interests, were never granted a common privilege. Those ‘Jewish’ legal and social models, which were adapted for the Tatar community, were best revealed in the Third Lithuania Statute of 1588, which contained more regulations for non-Christians than its two predecessors. The content of its articles shows similarities of the social and legal status of non-Christians and the entrenchment of the social strata of non-Christians. The features of the model applied for regulating the state’s relations with the Jewish community might also be observed in the state’s relations with the Roma (Gipsy) community, which, although Christian, was considered unacceptable in the Grand Duchy of Lithuania because of its way of life.