Islam and the Jews: The Pact of Umar, 9th Century CE
THE Pact of Umar is the body of limitations and privileges entered into by treaty between conquering Muslims and conquered non-Muslims. We have no special treaty of this sort with the Jews, but we must assume that all conquered peoples, including the Jews, had to subscribe to it. Thus the laws cited below and directed against churches apply to synagogues too. The Pact was probably originated about 637 by Umar I after the conquest of Christian Syria and Palestine. By accretions from established practices and precedents, the Pact was extended; yet despite these additions the whole Pact was ascribed to Umar. There are many variants of the text and scholars deny that the text as it now stands could have come from the pen of Umar I; it is generally assumed that its present form dates from about the ninth century.
The Pact of Umar has served to govern the relations between the Muslims and "the people of the book," such as Jews, Christians, and the like, down to the present day.
In addition to the conditions of the Pact listed below, the Jews, like the Christians, paid a head-tax in return for protection, and for exemption from military service. Jews and Christians were also forbidden to hold government office. This Pact, like much medieval legislation, was honored more in the breach than in the observance. In general, though, the Pact increased in stringency with the centuries and was still in force in the 20th century in lands such as Yemen. The Pact is in Arabic.
In the name of God, the Merciful, the Compassionate!
This is a writing to Umar from the Christians of such and such a city. When You [Muslims] marched against us [Christians],: we asked of you protection for ourselves, our posterity, our possessions, and our co-religionists; and we made this stipulation with you, that we will not erect in our city or the suburbs any new monastery, church, cell or hermitage; that we will not repair any of such buildings that may fall into ruins, or renew those that may be situated in the Muslim quarters of the town; that we will not refuse the Muslims entry into our churches either by night or by day; that we will open the gates wide to passengers and travellers; that we will receive any Muslim traveller into our houses and give him food and lodging for three nights; that we will not harbor any spy in our churches or houses, or conceal any enemy of the Muslims. [At least six of these laws were taken over from earlier Christian laws against infidels.]
That we will not teach our children the Qu'ran [some nationalist Arabs feared the infidels would ridicule the Qu'ran; others did not want infidels even to learn the language]; that we will not make a show of the Christian religion nor invite any one to embrace it; that we will not prevent any of our kinsmen from embracing Islam, if they so desire. That we will honor the Muslims and rise up in our assemblies when they wish to take their seats; that we will not imitate them in our dress, either in the cap, turban, sandals, or parting of the hair; that we will not make use of their expressions of speech, nor adopt their surnames [infidels must not use greetings and special phrases employed only by Muslims]; that we will not ride on saddles, or gird on swords, or take to ourselves arms or wear them, or engrave Arabic inscriptions on our rings; that we will not sell wine [forbidden to Muslims]; that we will shave the front of our heads; that we will keep to our own style of dress, wherever we may be; that we will wear girdles round our waists [infidels wore leather or cord girdles; Muslims, cloth and silk].
That we will not display the cross upon our churches or display our crosses or our sacred books in the streets of the Muslims, or in their market-places; that we will strike the clappers in our churches lightly [wooden rattles or bells summoned the people to church or synagogue]; that we will not recite our services in a loud voice when a Muslim is present; that we will not carry Palm branches [on Palm Sunday] or our images in procession in the streets; that at the burial of our dead we will not chant loudly or carry lighted candles in the streets of the Muslims or their market places; that we will not take any slaves that have already been in the possession of Muslims, nor spy into their houses; and that we will not strike any Muslim.
All this we promise to observe, on behalf of ourselves and our co-religionists, and receive protection from you in exchange; and if we violate any of the conditions of this agreement, then we forfeit your protection and you are at liberty to treat us as enemies and rebels.
Jacob Marcus, The Jew in the Medieval World: A Sourcebook, 315-1791, (New York: JPS, 1938), 13-15
Later printings of this text (e.g. by Atheneum, 1969, 1972, 1978) do not indicate that the copyright was renewed)