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Translated by Jerrold Landau
What was the location of the cemeteries from these times and times preceding? Moshe Kramer, in his work The History of Przemysl in the 17th and 18th Centuries identifies a specific location of the old cemetery. He provides a description of it, but does not attempt to establish the time of its founding. Professor Schor points out that the Jews had their own cemetery and also a synagogue already in 1559. This fact apparently testifies to the ancient settlement in the city. This opinion is not convincing, but as a proof it uses the words antique and antiquities which were used by King Zygmunt August in his privilege to the Jews of Przemysl from March 29, 1559, as he tries to stress that the Jews already had the right to live in Przemysl from very ancient times, a right that they took advantage of. We know from the aforementioned work of Kramer that in 1559 the Jews had to add an additional cemetery to the one that they already possessed. This cemetery was composed of three sections that were purchased from the Vicars
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(assistant priests), from the Ruthenian Cathedral as well as from the Przemysl city hall. The calendar of the Israelite Unia (Union) in Vienna from 1907 relates, apparently in agreement with the aforementioned, that Przemysl has three cemeteries (on existed already in 1559, the second was purchased later from the three aforementioned owners, and the third was opened in 1865 after being closed for two years). According to Kahana and Kramer, at that time no old gravestones from before 1575 have been revealed, apparently because these cemeteries were situated outside the walls of the city. The monuments were stolen, apparently by neighbors, from the sections of the cemetery that were no longer tended to because there were no longer any burials or visitors there.
Leopold Hauser wonders about the fact that in the middle of the 16th century (he apparently refers to the year 1542, to the point attributed to Professor Schor) there were no more than 18 Jewish families in Przemysl. Apparently, neither of them took into account the possibility that the Jews did not wish to pay taxes for their houses since they were not owners of houses, and there was a time where they were forced against the law to pay these taxes even as tenants. Therefore, whoever was able to hid during the Lustracja registration of the houses by the representatives of the offices of the Grod. In 1576, the Jews of Przemysl obtained an edict from King Stefan Batory stating that tax payment was not to be demanded from those who do not own houses. According to this edict, in 1542, there were only found 18 families, and 23 years later in 1565, there were only 23 families, of whom 13 owned houses and 10 were tenants. It seems that the Lustracjas do not preset an accurate picture. A Jew who did not have a store or a workshop with a large staff certainly knew how to hide if not in the Jewish section of the city then at last in the Juridikot[**]. In Przemysl, like other cities, an important part of the city was in the hands of the nobility and the priesthood. Both of these classes were exempt from tax payment. These sections were called Juridikot. Officials of the Grod who polled for the Lustracja did not visit these houses.
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However, with respect to the Jews of Przemysl, their city was a capital from two other perspectives. It was the capital of the Land, known as the District in the Jewish autonomous organization (The Council of the Four Lands). Its task was not only to preside over the communal and religious life in the state, but also to collect the Jewish taxes for the welfare of the state. This autonomous center distributed the sum of the taxes for all the Lands (Districts), and the councils of the district Lands would divide the taxes between the communities, who would then divide them up among the individuals and communities. Therefore, the seat of the district Land was important also from the vantage point of overseeing taxes, which were not at all light.
Indeed at the beginning of the establishment of Jewish autonomy, the district-Land of Przemysl did not exist, for all of Red Reisin, to the extent that it belonged to the Reisin Palatinate, was at the beginning one autonomous district in Reisin (in those days one of the found Lands). Therefore, for a significant period, Lwow, the largest and wealthiest area and the capital of this region, held the virtually decisive influence. The other communities were not satisfied with this situation, claiming that the community of Lwow ensured first and foremost that its own members should not pay many taxes, and that the burden of taxes would be imposed on the shoulders of the other, weaker communities. Therefore, a convention was convened in 1664 in a central location in Reisin (Swirz near Bobrka), attended by representatives of the rebelling communities. There were representatives from Zloczow, Brody, Buczacz, Kolomyja, Jaworow and Przemysl. The representative of the city of Przemysl was Reb Shimon Gincburg. Decisions were made regarding the conducting of elections for the district committee, and new enactments were made (information obtained from the Kolomyja book published in New York). Lwow acted cautiously and placated those who needed to be placated. However, several years later a revolt broke out. Several communities that were in the national district of Przemysl, headed by the city of Przemysl, left the autonomous district of Reisin and founded The National District of Przemysl of the Council of the Four Lands. The city of Przemysl became the seat of the district council that decided the allocation of taxes, disputes with rabbis, etc. This change took effect between the years 1670 and 1680. In any case, by 1700, the National District of Przemysl already existed. Przemysl, however, did not learn from the experience of Lwow, for a short time after taking rule, communities of the region began to rebel against it. Representatives of Rzeszow, Lezajsk Dobromil, and for some time Jaroslaw, left the district and founded their own district. Some of the disputants, including the community of Jaroslaw, indeed returned, but at the end the chasm reached an extreme situation. All of the communities united against Przemysl, which remained outside of the autonomous organization. It appeared alone as a national district in the Council of the Four Lines.
From a different perspective, Jewish Przemysl remained the seat of the district. After the fire in the Jewish city in 1638, which turned the wooden houses in the area into ruins (only the synagogue, which was built of stone remained), King Wladyslaw IV instituted a new institution in order to assist the Jews of the city in their difficult situation: The Rabbinic Region of Przemysl. A number of the communities of the national district of Przemysl came under the rabbinical jurisdiction of Przemysl as subordinates. These communities were required to participate in taxes for the benefit of the rabbinate and the community of Przemysl. They were also required to pay for the privilege of burying their dead there. They also took upon themselves various obligations, such as purchasing their etrogs[1]] through the agency of the community of Przemysl. Thus, the community gained an additional source of income. Despite the fact that the king wrote an edict making these communities dependent on Przemysl, these communities were not prepared to follow the king's edit with respect to paying taxes to Przemysl and buried their dead in the city. Already by the year 1752, the community of Przemysl was forced to turn to King August III with a complaint of non-fulfillment of the aforementioned obligations. That year, the king issued a proclamation obligating the various communities to change their relationship to their capital. It is appropriate to emphasize that August III based the issue of the obligation of the members of the rabbinical district not only on the edict of Wladyslaw IV, but also on the privileges that preceded (Zygmunt III, Stefan Batory, Zygmunt August), and even turned to a number of communities that were outside of the national district of Przemysl (such as Dynow and Dubiecko). However, the communities of Drohobycz and Stryj, which also belonged to the national district, were not mentioned. The obligation to bury the dead in Przemysl was, for all intents and purpose, for
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reasons of taxation or payment of fees for burials that took place outside of Przemysl. Two years later, the complaint did not yield positive results, despite the edit of the king. The community then presented a similar complaint to Sierakowski, the bishop of Przemysl, who was not known as a friend of the Jews (this fact based on the pastoral letters from 1743 and 1753). He threatened these communities with fines if they would continue to be defiant and bury their dead outside of Przemysl.
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{Transcription on page 25: The Permit of the Bishop of Przemysl (1592) for the building of the Synagogue.
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At the end of the autonomous period (1765), the community of Przemysl had more than 100 sub-communities, and was one of the 33 independent communities that were included in the Land (District) of Przemysl. The independent communities included Dobromil, Jaroslaw, Sieniawa, Lezajsk, Przeworsk, Lancut, Rzeszow, Sambor, and others. Each of them had their own sub-communities.
We will mention here some of the sub-communities of the community of Przemysl from 1765: Mosciska (919 Jews), Medyka (128), Sosnica (63), Bolestraszyce (42), Wyszatyce (40), Nizankowce (39), Radymno (25), Nakło (22) Zurawica (20). In none of these places there existed the standard religious institutions of a community: a rabbinate, public houses of prayers, a mikva (ritual bath) and certainly not a cemetery. At times, such institutions existed in the sub-communities with the agreement of the communal government, or at times without such agreement or even against its will in a revolutionary manner. The experience of the sub-community of Mosciska is especially interesting. It grew in the 18th century and turned into a large community in its own right. However, the rulers of the community of Przemysl did not agree that it should appoint its own rabbi. When its members nevertheless appointed their own rabbi in 1740, the sub-community was excommunicated by the well-known rabbi of Przemysl Rabbi Yechiel Michel, not only with his own initiative, but also with the agreement of the rulers of the autonomous district. The cemetery in Mosciska was founded only in 1759 after decades of difficulties. This was done with the permission of the Starosta and with the request of the Roman Catholic bishop, which aroused the rulers of the Przemysl community to an offensive war against the sub-community.
We must not mix the dependency of the sub-communities on the community of Przemysl with the dependency of most of the independent communities in the district of Przemysl, or even of the two communities outside of it on the community of Przemsyl, which was forced upon them against their will on the basis of the privilege of King Wladyslaw IV from 1638.
According to this privilege, the community of Przemysl and its rabbinate were a second tier to the aforementioned community. These communities required the agreement of the community of Przemysl for the building of a synagogue or the repair of a cemetery. For example, the large independent community of Jaroslaw received permission from the community of Przemysl to repair its cemetery only at the middle of the 17th century; and the independent community of Przeworsk, which numbered 969 people in 1765, was forced to struggle for a long time with the community of Przemysl until it was able to obtain permission to build its own synagogue in the middle of the 18th century. Incidentally, it built its synagogue in the same style as the synagogue of Przemysl. This dependency of most of the independent communities in the district of Przemysl on the community of Przemysl was a unique phenomenon in this district. The independent communities protested this situation, and the community of Przemysl often complained to the kings of Poland and the Roman Catholic bishops in the city about the lack of obedience of these communities. The kings of Poland claimed that this dependency existed de facto prior to the rule of King Wladyslaw IV.
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In the meantime, the area of Poland grew during the middle of the 14th century through the annexation of Red Reisin, and at the end of that century by the unification of the rulers or the cooperation of Poland with the lands of broader Lithuania. There had already been broad ranged rural and civic settlement in Poland for some time, partly by settlers from Western Europe. The nobility and the Catholic church started production in large estates first and foremost agricultural and forestry products for export. The salt mines in the southwest of the country and the salt processing plants in the southeast did not work solely for themselves. In the middle of the 15th century, a new gateway was opened for the export of Polish products: Pomerania was annexed along with Torun and Gdansk, which up until this time was not included in Poland's borders. The Wisla with all of its tributaries, including the San, became a free artery for the export of these products, as well as other types of Polish products, to the Baltic Sea and from there to the east, north and west.
Large-scale business opportunities also increased for Przemysl and its environs. The importance of the ports on the San increased, despite their primitive state. These included Lensk (Lesko), Sanok, Dynow, and Stopnica (today Bachow) near Przemysl, Jaroslaw, Sieniawa, Lezajsk, and Olanow. Jaroslaw became more important than Przemysl from a business perspective on account of its large fairs. However, the eight day fair of Przemysl (Piotra-Pawla) also had economic importance. In addition, merchants and craftsmen from Przemysl participated in the Jaroslaw fair, which was close to their city. When the importance of the Jaroslaw fair declined at the end of the 16th century and the beginning of the 17th, King Zygmunt III attempted to strengthen this fair by temporarily canceling the annual fair of Przemysl; however this action did not save the Jaroslaw fair (Moshe Kramer, Jewish History in Przemsyl during the Period of the 17th and 18th Centuries).
In the interim, the heavy center of manufacturing and export in Poland moved northward, as did the capital city. This increased the importance of the Wisla as the commercial artery of the country. The San found its natural continuation in the Wisla along its northward line. The primary commercial axis also for business outside of Poland ran from the northeast to the southwest. Even trade in the direction of the Black Sea moved from north to south, and from there to the southeast; however this was only an auxiliary line in relation to the Wisla-San route. Large loads of Polish wheat were transported even from Gdansk through the Sund to the North Sea and from there to the lands on its shores. This export grew by 50% throughout 50 years. Agricultural products from Przemysl were also sent to Gdansk, as were lumber and salt products from Red Reisin on a larger scale.
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From early times, Przemysl was connected to Hungary through three passes (Dukla, Lupkow and Sianki). The easiest route was through Dukla, through which a good road led to Przemysl through Dynow. It was primarily Jews who were involved in the import of wines and other goods from there. Complaints issued to the government regarding this area are brought down in the sources that were published by Professor Schor in his book Jews of Przemysl (1903). According to Kramer, these complaints reached the ears of King Jan Sobieski, who was a friend of the Jews. However, this time he decided against them.
According to the detailed words of Professor Schor in his book (1903) and in his German booklet (1915), sections of which are included in this book, the city was plundered three times during invasions: during the Cossack Revolt of 5408 (1648/1649) and in the Flood (1656/1657) by the Swedes and their confederates. Jewish legions were distinguished in the defending the city from the Swedes. The Jews suffered greatly during these times from various armies (including the Poles) due to the weakening of economic life.
The Tatars, who arrived at the borders of Przemysl in1672 as part of the Turkish army convoy, were defeated by volunteers under the command of the head of the Reformist Monastery, Szykowski. The sole warrior to fall in the battle of that night was a Jew (from the Polish book, Przemysl Millennium, 1960, pages 93-96).
During the northern war that took place between 1700-1710 regarding the inheritance of the throne in Poland, the Russians participated on the side of King August and the Swedes supported Leszczynski. Since Przemysl opposed Leszczynski, the Swedes conquered the city and imposed a large financial contribution on the population. The population also suffered greatly from the Russians even though the city supported King August (See Kramer, Annals, as noted above).
b) The history of the Jews of Przemysl and its environs tells a great deal about religious libels, some of them being obscure and clouded. Popular tradition among Przemysl Jews tells of 12 martyrs. Their names, circumstances of death and places of burial are not clear. Professor Schor mentions three libels in Jews of Przemysl (1903): 1. Against Moshe Szmulker in 1630, described in detail in the book as well as the sources. 2. Against a number of Jews who had apparently murdered the virgin Oryna from Stara Bircza who worked in a Jewish house in Przemysl. 3. A blood libel against six Jews and one Jewess from Stupnica in 1759, about which only a few details are mentioned in the sources.
c) Sh. M. Lazar tells about his visit to the old cemetery in his article that was published in 1888, in the third book of the anthology of N. Sokolow that was dedicated primarily to the selicha written in memory of Reb Moshe Szmulker. He was told that Szmulker's gravestone does not exist at all, but he was shown a specific place next to the fence where his grave exists according to tradition. He was shown the graves of the 12 martyrs, according to tradition, not far from Szmulker's grave. In a response to Lazar's article, Professor Dr. David Kaufman expresses his opinion in anthology, (book four, 1889), that there is basis to believe that the 12 martyrs were murdered at one time.
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Professor Kaufman brings the name of a Przemysl Jew who was cruelly murdered in sanctification of the Divine Name Reb Yehudi the son of Reb Aharon of Premsli, who was also mentioned by Reb Shmuel the son of the holy Reb David (Chesed Shmuel, Amsterdam, 5459, 1699). It must be noted that the name of the city of Przemysl is not explicitly mentioned in this instance of martyrdom.
d) Yosef Kohen Tzedek mentions in his book Shem Vesheerit (Krakow 1895) another incidence of martyrdom in Przemysl. It was with Reb Avraham, the father of the rabbi who was the author of Mateh Moshe. His son would sign his name Moshe the son of the Holy Rabbi Avraham of blessed memory, may G-d avenge his blood.
e) The aforementioned blood libel from Stara Bircza, based on a complaint brought to the rabbinical court of Przemysl, since the maid Oryna who was murdered apparently served in a Jewish house in Przemysl. As a result of the clarification of the complaint that was presented in 1646, King Wladyslaw IV freed the Jews who were accused of murder and punished Oryna's father and the other complainants.
f) In 1664, there was a libel regarding the instigation to steal vessels from the church in Mosciska, which was carried out by a Christian in the church of that village. The thief claimed that the Christian maid who served in the home of the wealthy Jew Avraham Izraelowicz, the lessee of the propinacja (license for the sale of alcoholic beverages) in Mosciska, enticed her. She in turn claimed that Rochele, a relative or maid of Avraham, enticed her. The complaint not only accused these two Jews and two Christians, but also the head of the community of Przemysl Berko Jelonowicz and all of the tavern keepers in the region of Przemysl. The court case was transferred to a court in Lublin, which sentenced Rochele and Avraham to death by burning. They were indeed burned publicly at the stake, while the others were let off as innocent.
g) One of the most frightful libels was the blood libel of Stupnica[****] in 1759 (a port city on the San opposite Dubiecko) against three Jews and one Jewess. They were accused of murdering Christian children, including a three-year-old child, in collaboration with other unidentified Jews. The children were apparently brought to Stupnica and murdered there in order to obtain large quantities of blood for the purposes of Passover to send to different places. The accused were brought to court in Przemysl and tortured ten times with four types of torture implements in the presence of the judges. None of them confessed despite the torture. Nevertheless, the court relied on the fact that blood appeared on the body of the child at the apparent place of the murder, and they sentenced the six Jews to death. As a token of mercy, they decided that the death sentence was to be carried out by decapitation by sword. The verdict was apparently executed immediately in Przemysl. The Jewish woman remained in prison so that she could testify against the collaborators who were still to be identified. It is to be noted that the accusation took place during the year when a debate took place in the Roman Catholic cathedral of Lwow between the rabbinic Jews and the Frankists[4], who claimed that Jews require Christian blood. It is easy to imagine the fear that overtook the Jews of Przemysl during those days.
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Due to the mass exodus from the residences in the Jewish quarter in order to evade paying taxes to the community, the case was brought in 1752 to the Wojewoda, Prince Czartoryski, with the complaint that this exodus will weaken the activities of the community. The Wojewoda threatened Jews who moved to Christian quarters with harsh punishments, including corporal punishment, if they refuse to return to their homes. However, this edict apparently had no effect. As a proof of this we see that the city council also began to take action against Jews in the Christian quarters, for there was a battle between the Jews and the city council from generation to generation. However, it became clear that this activity against the Jews was liable to affect the interests of the Christian citizens who were homeowners, for a ban on Jews from renting homes from Christians would affect their ability to pay taxes to the city hall (Magistrate). According to Professor Schor and Moshe Kramer, the Magistrate and the Jews reached an agreement in November 1756 (or 1757) to grant Jews the right to rent dwellings in the Rynek and on streets outside the Jewish quarter in which they had lived until this time. They were also permitted to purchase empty houses without residents from the nobility of the clergy, and to maintain ownership in perpetuity, in exchange for the payment of the taxes of these houses to the Magistrate. This increased the income of the Magistrate, for the former Christian owners did not pay taxes due to the privileges that applied to their classes. The only condition was that the Jews were not allowed to sell these houses to the nobility of members of the clergy, lest the Magistrate lose the income from the taxes owed by the Jews. According to Kramer, in 1765, almost 20% of the total Jewish population of Przemysl lived in the Juridikot.
According to a Polish source (Historia Polski, 1957/1958, a government publication), the number of Jews in various fields of commerce increased throughout Poland during the 16th century. In Przemysl, they worked in more than 20 professions and trades, not only in the Jewish market, but also in the local market. (Pages 454-455). This means that the guilds did not succeed in removing the Jews from their strong position in trades that remained in Jewish hands, despite their privileges and means of coercion.
In tavern keeping, an important source of livelihood (the third), the status of the Christians already weakened at the end of the period of Polish rule.
All things considered, the economic situation of the Jews became more difficult from year to year during the 18th century. The number of Jews who went into bankruptcy increased. Many left the city, as one can see from the records of Jewish population in Przemysl. In the population registries of Red Reisin from 1765 there were 11 cities with Jewish populations of greater than 1,000. Among these, Lwow had 6,159, whereas Przemysl does not appear on the list. (From Mahler, History of the Jews of Poland, pages 242-244, published by the Workers Library, 1946.)
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{Photo page 31: The old cemetery.}
The inscription on this monument is almost equivalent to that of the first monument that is brought down in this book, according to the article of Avraham Kahana on this matter which was published in Hatzofeh Lechachmat Yisrael, Budapest 5688 (1928). The
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important differences are: Lazar wrote Beit Hedkesh (The poorhouse) whereas Kahan wrote Beit Hamikdash (The Holy Temple); In Leizer's version, after the word Hagoel (the redeemer), there are several words which at that time (5648) were not able to be interpreted; In Kahana's version, before May his soul be bound in the bonds of eternal life, appear the words May his merits endure forever. In Kahana, there is a note about the text on the gravestone, the source of which is unknown to us form the year 5335 (1575). This shows that the man, who was a leader of the community and the country and whose name is not given, died approximately 19 years before the building of the synagogue in the year 5354 (1594) as is known in our time, and approximately 17 years before the issuing of the permit for its building by Bishop Gostycki (1592). In any case, Kahana read the main words as Beit Hamikdash. Lazar, on the other hand, does not give a date for the gravestone and surmises that the man himself built the synagogue. In any case, he reads the main word as Beit Hekdesh. If we are talking about a poorhouse, despite its honorable function, it cannot be compared in religious importance to a bathhouse and mikva, not only because of the difficulties and the expense in the building of a mikva and bathhouse and the need for piping in water from below ground and for the digging of a collection point for water. In those days, the Jews even had to port water for drinking and cooking from the San. The monument also has no sign of praise for the internal splendor of the building, which was outstanding in beauty even during that time. The monument suffices itself with the statement that the leader dedicated a synagogue (that is not nicknamed a Beit Hamikdash) along with the Torah scrolls and the pure silver menorah, as if they were the primary matter, and not the building itself. This description is convincing, and not just a guess, that this leader built a temporary, modest synagogue out of wood, according to the permit of Bishop Gostycki of 1592, the copy of which is brought in this synagogue. Therefore, a permit from the church was required, which was given by the bishop of that time (Herburt) on January 1, 1570 for the community to purchase a plot for the purpose of building a synagogue. This time, the plan was to build a synagogue out of stone with splendid proportions, which was not proposed in 1570 out of fear of non-approval of the plan by the synod. However, in 1592, even the measurements of the building were detailed, which were not detailed in 1570.
With regards to the tradition that the builder of the building mentioned on the gravestone is Avraham, there is no proof aside from the tradition itself. This is also the case with respect to his Sephardic roots and to the claim that his brother is buried next to the grave of Reb Avraham[9]. We do not know anything about the location of the gravestone of the brother. Professor Schor, who does not contradict the basis of the aforementioned tradition, opines that the Sephardic brothers arrived in Przemysl with the stream of Sephardic merchants from Turkey who came to Red Reisin in the wake of the business ventures of Don Yosef Nas in the 16th century and settled for the most part in Lwow but also in Przemysl. They were certainly called Turks (Turk)[10]. We should note that the tradition of the two Sephardic brothers is confirmed as well by Rabbi Weinberger, who is a native of Przemysl and is today a member of the rabbinic court of Tel Aviv. He claims that according to the tradition, two Sephardic brothers built the synagogue. However, the text of the gravestone offers no evidence to his claim that it was placed over the grave of the two brothers.
The popular legend that is cited by Lazar and Rabbi Weinberger, that the synagogue was first built during the first century of the millennium, does not contradict other facts, except perhaps the fact that it was impossible that this synagogue would be located in an earlier century on a lot that was only obtained in the 16th century. We still must indeed clarify if the popular legend explicitly implies that the synagogue from the first century of the millennium is located on that same lot. It is known that in 1355, Kazimierz the Great found in Przemysl a Jewish community that had already been organized for a long time before Kazimierz had conquered Przemysl, therefore he was not required to establish it. 1355 is identified approximately with the year 5116 of the sixth millennium, and the first century of the sixth millennium began in 1241 and ended in 1339, which is only 16 years prior to the conquest. Similarly, we must note that among
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the facts that the archivist Smolka published in 1927 (according to the article by the historian Schall), there are those who demonstrate that the synagogue near Grodzka street, which is identified with a part of the street that is today called Franciszkanska, was already in the possession of the Jews in the 15th century.
We must suffice ourselves with the mention of a number of facts and dates. Shabtai Tzvi appeared as a messiah in the year 1665. Already by 1666 he had converted to Islam, and he died after his expulsion in the year 1675. A portion of his followers remained faithful to this false messiah, even though he had become an apostate, an act that they felt was for external show only. This was even after he had been excommunicated by the rabbis in general, especially in the year 5430 (1670), something which was customary in Poland. Under such conditions, the followers of Shabtai had to hide their faith in Sabbateanism, which became a secret movement, persecuted by the general community of rabbis and by the independent governing councils of the Polish Jewry. The southwestern region of Podolia, which bordered on Turkey and Red Reisin turned into a center of Sabbateanism, especially in the year 5432 (1672), when it was under Turkish rule for 28 years. Strong Sabbatean publicity was also active for many years in Red Reisin, headed by the kabbalistic preacher Chaim Mahalach (or Malach). When Podolia returned to Poland in 1700, a renewed wave of Sabbateanism arrived, which was not easy to suppress. This wave brought in its wake a new prayer rite, created in Podolia during the era that it belonged to Turkey. This was an intermixture of the Sephardic and Ashkenazic rites, and was also accepted by non-Sabbateans.
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Already before those days, a rabbinical judge named Yosef (the son of Moshe) served in his native town of Przemysl. He is not to be confused with the important rabbi that also lived during that era in Przemysl, Rabbi Yosef Segal, the author of the book Tzafnat Paneach. This judge, who was also known as a preacher, published a book with a similar name called The New Tzafnat Paneach, that was published in Frankfurt an der Oder in the year 5454 (1694). According to Professor Balaban, the man was a Sabbatean, but as a member of the rabbinical court he had to hide his beliefs. In any case, the tenure of this judge and preacher in Przemysl was uncomfortable, and he became a roving preacher until he reached Berlin. In 5460 (1700) in Berlin, he published a commentary to the siddur (prayer book) called Keter Yosef, the distribution of which was opposed by the leaders of the generation out of suspicion of the Sabbatean leanings of its author. We can see that the Sabbatean flame was also lit in Przemysl, but its Jews were able to extinguish it while there was still time.
Approximately 60 year later, the Jews of Przemysl once again had the opportunity to participate in a great dispute that took place between the rabbis of Europe in general and the rabbis of Poland about the Council of the Four lands. The dispute came to the fore in the background of the accusation of Rabbi Yaakov Emden against Rabbi Yonatan Eybeshutz, one of the Torah giants of his time, for Sabbatean leanings that were apparently displayed with the publication of amulets with the term messiah hidden therein. This dispute divided into two the rabbinic and secular camps in Poland who were faithful to Talmudic Judaism, with one side fighting against ht other with an outpouring of wrath. The well-known praiseworthy rabbi of Przemysl, Rabbi Michaeli ben Shmuel (5494-5531 1734-1771), took the side of Rabbi Yonatan. He is described by Professor Schor (in his German article, The Chronicles of the Jews of Przemysl, Vienna, 1915) as one of his zealous supporters. The camp of Rabbi Yonatan won this battle. In accordance with a decision taken at a meeting of the Council of the Four Lands in Jaroslaw, the publications of rabbi Y. Emden against Rabbi Yonatan were destroyed in that city on December 31, 1753.
It is not known if the Frankist movement had supporters in Przemysl during its time. It is hard to image that it did, taking into account the stance of the Frankists with respect to the blood libel in the debate in Lwow (The Stupnica libel).
During the 25 years preceding the first partition of Poland, that is in the year 5507 (1747), the large popular Hassidic movement arose with the revelation of the Besht in Tluste. This movement was also received by the rabbis of Poland, including Red Reisin, with suspicion. They persecuted it and imposed a ban of excommunication upon it due to its attacks on the community of scholars, and because of its acceptance of the Sephardic-Podolian prayer rite, which aroused suspicions of Sabbateanism. We do not know if the rabbis of Przemysl during that time participated in the battle against that movement. We have basis to establish that among the heads of this movement after the death of the Besht and among those who were attacked by the GRA (Vilna Gaon) was Levi Yitzchak, a native of the village of Husakow near Przemysl, where his father was an honorable rabbi. This is none other than the Rabbi Levi Yitzchak, who was later called of Berdichev. He attempted unsuccessfully to assuage the GRA who attacked Hassidim. It is not known if Rabbi Levi Yitzchak also worked on behalf of his movement in Przemysl.
Since cases between one Jew and another were only brought before the rabbinical court, there was a necessity for two types of judges in the city, headed by the rabbi and his second in command who was called the head of the rabbinical court. This is how it was in practice. The arrangement of Gittin (bills of divorce) and chalitza (release from levirate marriage) were under the sole jurisdiction of the first component. These two groups of judges also traveled to the fairs that were of importance to the people of Przemysl and the region, especially
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in Jaroslaw, Mosciska and Kanczuga. Contracts between Jews were registered in the ledgers of the court and later publicized by the shamash (beadle) of the synagogue. Contracts that were not drawn up in this manner had no force. Professor Schor finds in the ledger of the judges who began to register enactments for judges in the middle of the 17th century and was edited in the year 5449 (1689), that the jurisdiction of the rabbinical court includes the administering of punishments for religious transgressions or failing to observe the edicts of the community in the areas of distribution of taxes, lease rights, and maintenance.
The Wojewoda, who held high office over a large area, stood at the head of the mixed courts, which dealt with legal disputes related to damages between Jews in addition to claims against Jews by gentiles. (The Wojewoda held power of the Palatinate jurisdiction, which in Przemysl included an area from Lancut in the west to Drohobycz and Stryj in the east.) The Wojewoda of the Ruthenian Palatinate consisted of five regions, of which Przemysl was one. In practice, the Wojewodas of smaller regions in the Przemysl district utilized the mixed courts, which were called Podwojewoda. There were three such sub-courts in the Ruthenian Palatinate, one being for the region of Przemysl. The Wojewoda held the second authority (instancja) for the verdicts of the courts of law that bore its name. The first authority was only for judging exceptional matters that[13] required very serious judicial efforts, such as matters relating to religious libel. In accordance with the privileges granted by the king, for such matters the Jews were granted the rights of judgment in the royal court or in a special court appointed by the king. There were cases where the general courts did not pay attention to such privileges, and took cases based on religious libel into their own hands. This was the case with Reb Moshe Szmukler, who was judged in a court without such authority, despite the objection of the Podwojewoda. The accused was not even given the right of appeal in the royal court, but was rather put to death immediately by burning.
The Wojewoda appointed the Podwojewoda with the approval of the representatives of the Jews, who agreed in a unanimous fashion about the conditions of his work, for the Jewish community paid his salary and provided him with his special needs for the holidays, as determined from the outset. In addition, they also paid to the Podwojewoda a portion of the fines that were imposed upon those judged as guilty. In a unanimous agreement with the Podwojewoda of Przemysl (according to the research of Professor Balaban), the Jews set the condition that the Podwojewoda would not participate often in meetings of the court of which he was the chairman. This was in order to save travel expenses as well as his room and board in Przemysl, which were high with respect to his nobility. The custom existed in the region of Przemysl that the Podwojewoda would be a member of the nobility, a resident of the area, and the owner of an estate.
In the aforementioned letter of appointment, of which Professor Balaban provides a copy, the Wojewoda requests that his deputy take heed of the Jews of his region who of late have found themselves in a low economic situation and make efforts to assist them to the degree possible. This letter demonstrates the sympathetic relationship that the Wojewoda, a nobleman of high rank, had toward the Jews of the region. Aside from the Wojewoda, another Christian who represented the government and familiar with the laws participated as a member and secretary of the Palatinate court. He would conduct the court cases if the Podwojewoda was absent. It should be noted that this courthouse was authorized to register judicial activities about which there was no point of contention between the sides that were authorized to be judged therein. These activities could also be registered before the national court (The Grod Court).
In the court cases that were conducted during the 16th and 17th centuries, two to three parnassim (elders) who received their appointments from the communal leadership participated from the Jewish side. The community shamash also participated, but without the right of voting. The Podwojewoda would authorize his appointment by the community. The registration in the ledgers was done by the elders. These books were stored in a special bookcase in the court of law (in the synagogue), locked with two locks. One key was held by the chairman and the second one by the shamash. These books disappeared during the attacks on the synagogue that were perpetrated by the Jesuits in 1746.
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Starting from 1549, all of the Jews of Poland, including those of Przemysl, paid a head tax that was imposed only upon them without differentiation between sex, age, and profession. At first the tax was one guilder per person, and later it grew. According to the law, the payment of this tax exempted the payer from all other taxes. However, in practice, under difficult circumstances and from the middle of the 17th century until the partition such circumstances never stopped the national Sejms decided that the Jews must participate in the payment of other taxes. Among others, the tax for the housing of the army, which lived in royal estates during times of war, was particularly heavy. This tax, which was imposed solely upon the Jews and Christian burghers, was paid at first by the provision of food. However, from 1605, the tax began to be paid in cash, and the army itself conducted the collection. This was often connected with pillage by the soldiers and beatings being administered to the communal shamashim. From its inception, the collection of the head tax was the job of the Jewish autonomous body.
In the opinion of Professor Schor, the Jews were illegally forced to participate in the payment of all civic fees in exchange for services from the city hall. For example, the Jews of Przemysl paid for the use of the civic water wells. However, they were not permitted to use water from the civic water porters, but were forced to port the water from the San at their own expense.
The Jews of Przemysl also had to pay set fees to various church institutions. This was mainly devoid of legal basis.
Translator's Footnotes
Coordinator's Footnotes* Red Reisin Rus Czerwona in Polish. Back
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