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There is little doubt that Stefan Branicki, Field Marshal of Podlasie, who in 1723 persuaded King Augustus II to elevate Bialystok to the status of a chartered town, had already granted the Jews of Bialystok permission to build the old synagogue in 1718 (5478). This act laid the foundation for the kehile–the Jewish community–of Bialystok, in keeping with the normative structure of Polish kehiles. At that time, however, it was not independent, but subordinate to the larger regional community of Tiktin [Tykocin].

But later, in 1749, when Bialystok – through the intercession of the last Branicki with the Polish King Augustus III – was granted the Magdeburg Rights, which conferred greater rights upon the meshtshanes [non-Jewish townspeople] the lord of Bialystok simultaneously issued a special ordinance. This decree set forth detailed regulations for all aspects of municipal governance and granted the Jews equal rights alongside the other citizens of the town. The ordinance was preserved as a manuscript (Ketav-Yad) in the University Library in Vilna^[1]. These provisions cast a measure of light upon this obscure period marking the beginning of Jewish history in Bialystok.

The instruction contains precise directives concerning all aspects of municipal administration: the election of the magistrate, the regulation of his work and his officials, questions of rights, public safety, weights and measures, and the obligations of the town's residents toward the lord of the city.

In addition, it includes provisions regarding the “pasture areas for the town's animals” – both Jewish and Polish – as well as regulations concerning fire prevention, theft, and other matters.

Before us unfolds the Jewish-Polish shtetl of the 18^th century, with all its rudimentary practices:

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Because complaints had been received regarding various thefts and acts of property damage–states the ordinance–a night watch was to be established. Each night, in alternating turns, a balebos [a Jewish head of household] and a Catholic were to participate, each equipped with a horn and a hoe. The watchmen on duty were also required to blow the horn in the event of a fire; for experience had shown that a single spark could destroy entire countries, cities, and villages.

Thus it is written in the same ordinance: one must keep a vigilant eye and establish suitable regulations in case of disaster.

And here are several of those regulations:

Point 1. – Three Jews and three Catholics, each residing on the street of the town, shall construct a suitable barrel on wheels, which must always be kept filled with water and ready for use.

Point 5. – Every fourth householder, Jewish or Catholic, shall acquire an iron hook, in order – may God have mercy – to be able to tear down roofs and walls in the event of a fire.

Point 16. – A large bell shall be hung on the town tower^[2], to sound the alarm in case of attack, public assembly, or when a prisoner condemned to death is led onto the square, and so forth. Both Jews and Catholics must jointly contribute to the construction of this bell.

This ordinance also clearly reveals that Jan-Klemens Branicki took a keen interest in the Jews who lived on his land and placed them under his protection. While elsewhere – as mentioned above – bitter conflicts were waged between the meshtshanes and the Jews, we find no trace of such strife in Białystok. On the contrary! Jan-Klemens Branicki explicitly decreed “that a representative of the Jewish community shall also participate in the election of the magistrate and cast his vote in favor of the matter.”

The magistrate, moreover, was obliged to adjudicate disputes between Jews and non-Jews; naturally, both parties retained the right to appeal.

Years passed. The original ordinance had become outdated. Therefore, in 1759, the lord of the town deemed it necessary to issue a second ordinance, which – like the first – aimed to bring order to all aspects of municipal administration.

In this new ordinance, he expanded the judicial authority of the town president – referred to in the document as the “governor.”

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Branicki declared that this governor was obliged not only to adjudicate disputes between Jews and Catholics, but also to preside over conflicts among Catholics themselves and among Jews themselves–without exception, even in matters that would ordinarily fall under the jurisdiction of the kehile and the rabbi. For this service, the governor was to receive a monthly stipend of 20 gulden from the Jewish communal treasury.

This document also reflects the lawlessness and anarchy that prevailed in the land at the time. To prevent raids and looting by passing military units, Branicki ordered the establishment of a camp to provide provisions for the soldiers. Two-thirds of the costs were to be borne by the Jews, the remainder by the Christian population. It must be assumed that this division was demographic in nature: until the First World War, Jews made up two-thirds of Białystok's population, while Christians accounted for only one-third.

These ordinances also deal extensively with fire protection. In the new ordinance, the firefighters were to be a battalion of soldiers stationed in the town; nevertheless, the assistance of the townspeople was not to be dispensed with. The ordinances merely stipulated that they should appear in orderly fashion: the residents of the Christian quarters were to gather, in case of fire, at the homes of their voytn [local officials], while the Jews, who likewise had their own leaders, were to assemble at the shul [synagogue] and proceed from there in an organized manner to the site of the fire.

In that same year, 1759, the first tsekh [guild] was organized in Białystok.^[3] Branicki responded favorably to the request of the Christian craftsmen, and their status was confirmed according to the model of the ordinances in the crown cities–Kraków, Warsaw, Poznań–and in the private town of Tiktin [Tykocin].

At the same time, however, he protected the rights of Jewish craftsmen and declared that Jews engaged in the appropriate trades must also be accepted as members of the tsekh. Every craftsman joining the guild was required to pay an entrance fee of 20 gulden and half a shteyn (a unit of measure) of wax. Jewish members were exempt from the other payments normally made to the kloyster–the church or monastery.

In 1769, a second guild was established in Białystok, and shortly thereafter, a third and a fourth appeared.

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Aside from the common trades found in every human settlement – such as blacksmiths, shoemakers, tinsmiths, and so on – in Białystok we find a variety of craftsmen: tanners, weavers, swordsmiths, and others.

According to the decree issued by Branicki, Jewish craftsmen were granted equal rights alongside their non-Jewish colleagues.

The extent to which Jan-Klemens Branicki was beloved by the Jews, and felt like one of their own, is illustrated by a report from the well-known German traveler and academic Johann Bernoulli, who journeyed through Prussia, Livonia, Russia, and Poland in 1777–1778, and visited Branicki's palace. He recounts^[4]:

“There stands also a marble bust of the late marshalek, made when he was 76 years old. The bust is of fine quality and was crafted by a Jew who still lives in Białystok to this day, though he has no means to pursue his art.”

It is reasonable to assume that the bust was presented to him by the Jewish kehile as a token of gratitude.

After Branicki's death, his wife inherited Białystok and continued her husband's liberal stance toward the Jewish population. This is evident from the ordinance concerning the governance of the Jewish community in Białystok, issued in 1777^[5]–six years after Branicki's passing.

By that time, Białystok had evidently become an independent community, having separated from the jurisdiction of the Tiktin [Tykocin] district. New communal statutes were codified, and Białystok already had its own rabbi and head of the rabbinical court: Rabbi Yehoshua Shapiro.

Author's footnotes:

1. The manuscript was published in the collection - Описание Рукописно го Отделения Виленской Публичной Библиотеки T.14 [Description of the Manuscripts Department of the Public Library of Wilna, Volume 14], pages 113-123; Israel Halperin [sic] published an excerpt with a Yiddish translation in the Bialystoker newspaper Unzer Leben, 1932, issue 13, and a Hebrew translation in Zramim. Return
2. Apparently, there was an earlier town tower before the current one, built in 1763. Return
3. In his book on Białystok – see page 3 of my introduction – Moscicki writes on page 251 that the only guild known to him was the one founded on November 25, 1769. Return
4. Dr. Gelber discusses Johann Bernoulli's journey through Brandenburg, Pomerania, Prussia, Russia, and Poland in the years 1777–1778 in Die Historischen Schriften, published by YIVO. The account cited here is drawn from Volume 1, page 235 of those narratives. Return
5. Quoted here in the freely adapted version by Israel Heilperin. Return

 :

1. Contents in [ ] are from the translator. Return

Presented here is the translated statute of the kehile [Jewish community] of Białystok, compiled in 1777. The original document can be found in Appendix II of this volume.

(1) The elections of the Jewish parnesei hachodesh – the monthly communal leaders - are to take place at the appropriate time during Chol HaMoed Pesach, with the assistance of the central authority,

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which will send its representatives to the community house (shkolka), where the elections will be held according to custom. These appointed representatives are obliged to oversee the elections and must not allow the delegates to disperse into their homes until the voting has been fully completed and properly recorded in the pinkas - the communal ledger. Once the elections are concluded, the rabbi is required to report the results.

(2) The yearly parnes – the community head - must be a respected householder who does not frequently travel or leave town for extended periods. He must be consistently and thoroughly informed about all communal matters throughout the entire year. No meeting may be convened, nor any decision made, in his absence–unless he is ill. This does not diminish the authority of the monthly parnassim, who serve in rotation each month, nor that of the other communal officials. Nevertheless, all matters must be handled in conjunction with the yearly parnes.

(3) In order to ensure the proper safeguarding of the communal treasury and to avoid any malicious personal suspicions, I recommend that the monthly parnassim, together with the ne'eman hakahal – the trustee of the community - establish a special communal chest for the collection of public taxes and other forms of communal income, as well as for communal expenditures. This chest shall have three locks: one internal and two on the sides. One key shall be held by the monthly parnes according to the rotation, the second by the monthly parnes who follows him, and the third by the community trustee. None of the above-mentioned individuals shall be permitted to make any income or expenditure transactions without the others; and two shall not act without the third.

(4) The ne'eman - the community trustee - must take a solemn oath: not only to remain loyal and obedient to the community, but also to refrain from overcharging or extorting the people, from demanding money unlawfully, and from granting exemptions to relatives, friends, or parnassim- communal leaders. He must collect honestly and fairly from each citizen according to the register, which must be signed by those who compiled it. To further ensure the integrity of tax collection, I recommend once and for all that the ne'eman hakahal issue a precise and detailed receipt for every groschen of tax collected, indicating exactly what kind of tax the money was taken for. And if the korobke^[b] - tax box - is leased out, or if the ne'eman–or eventually the korobke leaseholder–extorts the taxpayers, a formal complaint must be submitted no later than three days after the tax has been paid.

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Complaints that are submitted after the stated deadline shall not be taken into consideration, unless the complainant possesses special and convincing documents and evidence.

(5) The September installment of the head tax and podimny tax (chimney tax)^[1] must be demanded by the ne'eman hakahal beginning in the first days of August, and the March installment in the first days of February, following the established procedure. First, the ne'eman, using the register he receives from the monthly parnassim, must notify the taxpayers–both personally through his messengers and publicly in the synagogue during communal gatherings–by calling them aside and informing both rich and poor that they must make every effort to pay the public tax within three days.

If, after three days, the tax has still not been paid, an ekul [sequestration] must be placed on the household belongings of the taxpayer. At that point, the ne'eman must declare that the taxpayer has only two more days to pay. After those two days, enforcement proceedings shall begin with the assistance of the court. Once this deadline has passed, the ne'eman transfers the task of collection to the executor appointed by the supervisory authority. However, the ne'eman may, at his discretion, grant further extensions for payment.

One week before the date on which, according to law, the royal tax collectors must publicly demand payment, the ne'eman must make every effort to gather the full sum into the communal treasury and to exchange the collected copper coins for silver currency.

(6) The ne'eman hakahal must exercise full integrity when receiving coins from individuals. He must not use the funds for personal pleasure or lend them out; doing so will incur penalties. If the mashkonos [pledges ] are not redeemed within thirty days according to the agreed communal tax rate, they may, in accordance with Jewish law, be sold–or, if necessary, exchanged for other pledges.

(7) When collecting the korobke tax , the ne'eman hakahal must first ensure that the required percentages of the communal obligations are paid precisely on time. He must also see to it that the yearly parnes, acting in concert with the monthly parnes, must not borrow communal funds for personal use, for trade, or for any other private purpose. Should such a case occur, the ne'eman must immediately report it to the supervisory authority, under penalty. If he reports it belatedly, he shall be fined; if he fails to report it altogether, he shall incur a greater penalty.

At the end of each month, an accounting of income and expenditures must be prepared, and the ne'eman must obtain the signatures of both the yearly parnes and the monthly parnes. This accounting must also be entered into the pinkas – the communal ledger.

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He must also safeguard this monthly accounting, keeping it in his possession until the full annual accounting is compiled.

(9) Once the collection of the annual taxes has concluded and the time approaches to compile the new accounts, the yearly parnes, together with the entire community and the tovei ha-ir [the notables of the town], must convene a general assembly. There, they are to select, by means of a kalfi [a communal selection process by lot] a group of ba'alei cheshbonot - account auditors, who shall review the annual accounts in accordance with custom.

These auditors must be chosen from among the ziknei ha'edah - the elders of the community (known as the stara rada)^[2], and two or three members of the general public must be co-opted to join them. They must be granted full access to all communal income and expenditures. Upon completing their review, they are to issue a signed receipt to the ne'eman, and must sign it personally and by hand.

If it should be found that the ne'eman owes money to the communal treasury, he shall be removed from office. And in the event that he leaves town, the responsibility for the debt shall fall upon the yearly parnes and the monthly parnes.

(10) Since the income of the Chevra Kadisha is controlled solely by its elders, and the city receives no share of it (although they are indeed obligated to cover certain religious expenses, the surplus remains, for the most part, the private property of the elders), I therefore do not transfer these funds entirely into the communal treasury. Instead, I obligate the community to delegate its appointed ba'alei cheshbonot - auditors - to review the annual accounts of the Chevra Kadisha. The surplus remaining in the hands of the elders shall be used to ease the tax burden of the poorer citizens.

Given that members of the Chevra have been registering young children into the society–thereby disadvantaging older and more deserving individuals who seek admission into the Chevra–I hereby decree that the admission fee shall henceforth be proportional. No minor shall ever be entered into the Chevra's pinkas under penalty for those who register them.

The kalfi[the balloting or selection process] of the Chevra Kadisha's elders must take place each year during Chol HaMoed Pesach, in accordance with Jewish custom. At that time, several respected householders must be formally recorded in the Chevra's ledger (i.e., admitted into the society).

(11) In order to ensure proper order, I hereby prescribe that three communal pinkasim [ledgers] be maintained:

- One pinkas shall be dedicated to recording income and expenditures.

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- Another pinkas shall record the elections of the monthly parnesim and other official communal positions, as well as the names of those who belong to the ziknei ha'edah - the elders of the community (known as the stara rada).

- And yet another special pinkas shall be used to record manifestos, decrees, and other entries concerning various transactions.

Should any such matters not be entered into the appropriate pinkas, and should they later require adjudication by the supervisory authority, private documents shall be deemed entirely inadmissible.

(12) The communal Beit Din [rabbinical court] shall remain permanently independent from the Tiktiner [Tykociner] Beit Din. The rabbi and the dayanim [religious judges] are authorized to adjudicate all matters whose value does not exceed 500 Polish gulden. If one of the parties is dissatisfied with the judgment, they may, immediately upon the reading of the verdict, declare an appeal to the higher authority.

(13) The community, together with the rabbi and the dayanim, may not expel any Jew from the town–regardless of whether he holds khezkat ha-yishuv [recognized settlement rights] or is merely a resident. Only if he is found to be so gravely sinful that expulsion becomes necessary, the proceedings must be conducted in proper form: by the communal leaders, the annual and monthly parnesim, and, if needed, by the Beit Din, with the judgment signed by the judges. The decision must then be submitted to the higher authority for final determination.

If the expulsion is conducted in any manner other than prescribed, those responsible shall be punished. And if the community undertakes the expulsion in secret, without public knowledge, it shall itself incur the appropriate penalty^[3].

(14) Neither the rabbi nor the community, including all tovei ha-ir (distinguished members of the town), are prohibited from appropriating any goods or household property from a person who has declared bankruptcy. Most certainly, they must not seize promissory notes or cash that has been extracted from him for the benefit of Jewish creditors, while Catholic creditors remain unable to recover their share and before the matter has been properly reported to the higher authority.

Likewise, if the community receives public or private information regarding a theft, none of the aforementioned may impose punishment or grant exoneration on its own. For various reasons, such matters must be handled by the higher authority.

(15) The community must also ensure that the puntn [standardized weight units], eyln [measuring rods], and Warsaw measures which I introduced and distributed in the town several years ago are not lost or neglected. Prior to the start of grain auctions and fair days, no one is permitted to pre-determine the prices of grain, nor may anyone intercept the loaded wagons outside the town and pay them a different price there. If the annual

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parnas or the monthly parnas learns of such practices through their agents, they are required to report the matter to the higher authority immediately and truthfully.

The community is likewise obligated to maintain public order:

• bridges must be cleaned from time to time;
• broken windows, fallen plaster, and damaged roof coverings must be repaired;
• gutters and drainage channels must be properly maintained at least twice a year–in spring and autumn;
• latrines and refuse pits must be cleaned;
• and the water barrels in every fourth house (for use in case of fire) must always be kept filled.

Night watchmen, who are essential, must be retained and paid. And if they fail to conduct themselves properly, the annual parnas and the monthly parnas shall file a complaint against them with the higher authority.

(16) If a citizen loses his home due to a fire, he shall be exempted from paying taxes for a specified period, as determined by the higher authority. If his movable property was also not salvaged from the fire, and he lost everything he had in his household–even if his business, located elsewhere, was spared–he shall, by decision of the higher authority, be exempted for a specified period from the korobke tax as well, in order to give him the opportunity to rebuild.

If it is found that the fire was caused by negligence or carelessness, the owner shall be punished without appeal or excuse.

Regarding rescue efforts during a fire, the Jewish townspeople are likewise obligated to adhere to the conditions enumerated in the agreement between the artillery battalion and the court authority, under penalty as specified in that agreement.

(17) The community is likewise obligated to prevent counterfeit coins from being brought into the town. If someone is found bringing them in, and the community detains him, it must report the matter to the higher authority. Anyone who has even the slightest involvement in circulating counterfeit currency within the town, or who enables the bearer to escape, shall be severely punished.

(18) The local rabbi, when officiating at a marriage, must adhere to the law of the realm, which states that Jews who lack the means to support themselves may not be granted chuppah and kiddushin [formal marriage]. This must be understood in two ways: either the groom receives a substantial sum from which he can earn a livelihood through trade or innkeeping, or he is properly trained in a craft or occupation.

(19) The community must take particular care to ensure that not only householders but also artisan tenants do not abandon the town.

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If it becomes known that someone intends to leave, the community must report the matter to the court authority and, in the meantime, detain the person under arrest. If he escapes, the community shall bear responsibility.

(20) All official decrees issued by the Finance Crown Committee (Korona Komisya Skarbova) concerning matters of trade, as well as other regulations important to the town, must be kept by the annual parnas. When the annual parnas is relieved of his duties, he must hand them over–together with the receipts for paid public taxes–to his successor. For all of this, he bears personal responsibility.

(21) The community, together with the annual parnas and the guild judges, must ensure that within the existing guilds–namely those of tailors, furriers, bakers, and barbers–the guild masters do not impose taxes or obligations on members who are no longer present.

Such individuals must not be burdened with debts, included in communal meals, implicated in faulty workmanship, or otherwise have their reputations harmed.

In general, the guild masters are expected to conduct themselves properly.

Any taxes levied on absent members, or credit taken in taverns in the name of the guild, must be paid from the guild masters' own pockets. If it turns out that they are unable to repay these debts, they shall be subject to appropriate punishment, and the creditors will bear the loss for the extended credit.

Author's footnotes:

1. This means a household tax calculated based on the number of chimneys per dwelling. Return
2. This refers to the recognized elders of the community, or the sacred congregation. Return
3. A similar case occurred in Tykocin between 1749 and 1751. See: Israel Heilperin, Gezerat Gerush shel Porei Musar be-Tiktin, HaMishpat, vol. 4, p. 48. Return

 :

1. Contents in [ ] are from the translator. Return
2. The term korobke refers to a state-imposed tax on kosher meat, historically levied in Jewish communities of Eastern Europe, particularly in the Russian Empire and former Polish territories. The word derives from the Russian ג [box], as the tax was collected in a locked communal box, often with multiple keys held by trusted members of the community to ensure transparency. In some contexts, korobke denotes the tax itself; in others, it refers to the physical box used for its collection. The korobke system was a central mechanism for funding communal obligations and was tightly regulated by both Jewish communal authorities and the state. Return

Both the administrative decrees issued in Branicki's instructions of 1745 and 1759, and the statutes concerning the internal governance of the Jewish community, make it clear that the Jewish community of Białystok and its surrounding district was, during the Branicki era, a respected and legitimate corporate body. Branicki's administration treated it with great regard, and Jews were granted equal civil rights alongside the Catholic population.

It is worth noting that the population was not classified by nationality–Jews and Poles–but by religion: Jews and Catholics.

In all the instructions, we find only one instance in which, for the expenses of a food depot for passing military units, Jews were required to contribute two-thirds and Catholics one-third–simply because Jews already made up two-thirds of the population.

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However, in general, the ordinances concerning the internal order of the kehile and its governance demonstrate that the Branicki administration held the Jewish community of Białystok in high esteem. The kehile was entrusted with economic, social, and policing functions–such as overseeing weights, measures, coins, and cleanliness in the Jewish quarters, among other things.

It also exercised supervision over the Jewish guilds and societies, ensuring that communal funds were not squandered on banquets or drinking, that no debts were incurred, and that members were not secretly taxed behind one another's backs. Evidently, complaints had been submitted to the authorities regarding such communal misconduct.^[1]

Only in one place (paragraph 18) do we find that, according to government law, a rabbi may not officiate a marriage unless the groom receives a substantial sum of money to support his future family through trade or tavern-keeping, or unless he is properly trained in a craft. However, this is essentially a legally sharpened moral requirement drawn from the Talmud:

“Our Rabbis taught: ‘He who has built, planted, and betrothed’ (Deuteronomy 20)–the Torah teaches proper conduct: that a man should build a house, plant a vineyard, and only then take a wife. And even Solomon said in his wisdom (Proverbs 24:27): ‘Prepare your work outside, and make it ready for yourself in the field; afterward, build your house.’” (Sotah 44a)

It is quite possible that Jewish influence played a role in shaping this law. As we see from the wording of the oath, the government consulted with Jewish scholars when issuing such legislation.

Only in one instance (paragraph 13) do we find that the authorities did not trust the decision of the kehile – not even when made jointly by the rabbi and the dayanim [religious judges]. Their ruling first had to be confirmed by the higher authority, which would then decide the matter. This concerned the expulsion from the town of an undesirable member of the kehile, for whom there was a reason – even someone who lacked khezkat hayishuv [formal residency status] within the community.

Apparently, the kehiles and their rabbis were viewed with suspicion by the authorities and were not permitted to exercise their legal power to expel an unwanted member from the Jewish community^[2] – even on religious grounds alone.

In any case, the Branicki administration of the Białystok district in the mid-17^th and throughout the 18th century can be recorded as one of the brightest chapters

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in Jewish history in Poland – especially during the time of Jan Klemens, the last Branicki, whom the Jews referred to as the pious duke.^[3]

Branicki's brother-in-law, Stanisław August Poniatowski (from 1764), also treated the Jews very well and was, for Polish Jews, a melekh khasid –a “righteous king”–who protected them from the Jesuits and other enemies of Israel. The Jews had suffered many persecutions and confusions at their hands during the long and bitter period of darkness for Polish Jewry – from the death of Jan Sobieski (1696) until the time of Poniatowski.

Because of this, Jews would greet him with gratitude and honor wherever he happened to pass through^[4]. His sister, the duchess in Białystok, was also favorably inclined toward him.

Author's footnotes:

1. A hundred years later, in the 1880s of the previous century, I still encountered the same irregularities in the Białystok weavers' guild. Return
2. In the Tiktin/Tykocin community register (pinkas), a case is recorded involving the expulsion of an entire family. The record states about her:
   “They murdered and committed adultery, sinned and led others to sin; rebels and criminals, wicked and depraved men, heretics – may their names be erased – and their daughter, who is considered promiscuous – may her name be erased.” (See Israel Halpern, Ha-Mishpat, Chapter 4, p.18.)
   Similar cases are documented in Opto [Apt/Opatów?], Lviv, and Prague, including in the pamphlet Takkanot Prague from the year 1810 (see Reshumot, vol. 4, pp. 345–352), as well as in Ha-Onshin Akhar Khatimat ha-Talmud by Assaf (ibid., p. 121). Return
3. In the pinkas of Tykocin, document no.5 from the year 1771. According to the teaching:
   “The righteous among the nations have a share in the World to Come.” (Tosefta Sanhedrin, Chapter 13) Return
4. Nussbaum, Historia Zydow w Polsce, p. 352. Return

 :

1. Contents in [ ] are from the translator. Return

The following is a translation of a special oath formula for a Jew. (Polish original in Appendix I of this volume).

Lord, Creator of the heavens and the earth and of all things, my God and the God of all who stand here, I now call upon You by Your holy name as a witness: that it has already been so for a long time, etc.

Lord, help me–and if I permit myself any falsehood or deception, may I be placed under kherem [ban] and eternally cursed.

May the fire that consumed Sodom and Gomorrah burn me; may all the curses written in the Torah fall upon me; and may the true God, who created leaves and grass and all things, not be my help or my protection in any of my affairs or needs. And if I have spoken truthfully, then may You help me, O Lord, true God, Amen.

Note 1. If a Christian court imposes an oath upon a Jew involved in a legal proceeding – including military trials – the oath must be administered specifically in a shul [synagogue] or a bes-medresh [house of study], and never in a regular courtroom.

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If there is no Jewish shul in the location where the trial takes place, the Jew must be taken to the nearest place where a shul is found, and the oath must be administered there.

Note 2. At the time of the oath, a minyan [quorum] of Jews must be present, all of whom are at least thirteen years old, including one rabbi – or, if none is available, another religious official.

The Jew who is to take the oath must be warned, in a language understandable to the Christians, about Moses' laws concerning false oaths. It must be explained to him that:

• there is no hope of the oath being waived,
• he must swear not according to his own intentions, but in accordance with the will of the Almighty and the will of the judge,
• and therefore, no excuse or mental reservation he may privately entertain at the moment will be of any help to him.

Regarding all these matters, the rabbi is obligated to administer the oath to the Jew, and the Jew must say Amen.

Ritual Preparation Before the Oath:

• The Jew must wash his hands – and so must all other Jews present.
• He must put on a kapote [a long traditional caftan], a garment with arba kanfos [“four corners”], and tefillin – the ritual straps placed on his head and on his left arm.
• The rabbi then questions him a second time and administers the oath, asking whether all of this is true.
• The rabbi usually recites the confession (pozhegnanye) at this point.

• The Jew dons his hat or head covering,
• takes a tallit (prayer shawl) with hanging tzitzit [ritual fringes],
• turns toward the east,
• takes in his right hand a genuine Torah scroll from the synagogue,
• kisses it,
• places his left arm – bared up to the elbow – upon it.

Note 3. I, Ploni ben Ploni [a placeholder name], or by whatever name or surname I may be known, the son of Ploni ben Ploni, swear by the Almighty God, Creator of heaven and earth, my God and the God of all the people who stand here, the God of Abraham, Isaac, etc.

And I call upon You, Adonai Elohim, One and Eternal God, that You bear witness and affirm my oath with Your great and holy name – so may You help me, holy God Adonai.

But if my words are not truthful or are distorted, and I swear falsely, or if I harbor false thoughts in my heart while swearing, then I ask no forgiveness or pardon from God – neither in this world nor in the world to come – and no repentance shall avail me. Rather, may God send upon me all the curses written in the Torah, all the curses of Balaam^[b] and all the plagues of Egypt. May my home and my possessions, my wife and my children become sulfur and pitch,

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accursed like Sodom and Gomorrah. And may my body and soul have no share in all the promises You have given to this people. May I have no help from You, true God, and may You show me no mercy at the hour of my death.

Note 4. The oath concludes with all the Jews present calling out:

Amen, Amen, Amen; the Lord is our King, the Lord is One; may the name of His glorious kingdom be blessed forever and ever.

And the Jew who has sworn then kisses the Torah once more.

Note 5. The same oath may be administered while omitting the donning of the tallit and tefillin.

Note 6. At the request of the court or the opposing party, in particularly important trials, the procedure may include bringing in an ark.

The Jew, dressed in a kittel^[c] as worn on Yom Kippur, must sit upon the ark and hold a khalef [ritual slaughter knife] in his hand. Black candles may also be brought in, and the Jews present must hold them lit.

Note 7. All oaths taken by Jews must be heard by a juridical figure [legally trained person], and it is preferable to schedule them on Mondays or Tuesdays, as Jews believe that on those days they are judged in the World to Come [?!].^[d]

Note 8. When the authorities decide to administer an oath to a Jew, they must take care not to command him in a categorical tone – for example:

“I order you, Jew, to swear to this.”

In such a case, the Jew may find a valid excuse to render the oath null and void, arguing that he lacks sovereign status and is merely a subject of the one administering the oath. Instead, he must be asked calmly whether he wishes to resolve the matter by means of an oath, and if he agrees, he should be allowed to swear not as a compulsion, but as a voluntary path of resolution.

Translator's footnotes:

1. Contents in [ ] are from the translator. Return
2. Balaam, Bilam, or Bileam is a non-Israelite prophet mentioned in Numbers 22–24, who was summoned by King Balak of Moab to curse the Israelites. Although he ultimately blessed them under divine compulsion, his name became associated with hostile intent and spiritual danger. In Jewish tradition, “the curses of Balaam” symbolize severe and malicious condemnation. Return
3. Kittel or kitl: A traditional white robe worn by Jewish men on Yom Kippur and other solemn occasions, symbolizing purity, humility, and mortality. In oath rituals, it evokes the gravity of divine judgment. Return
4. The [?!] is written by the author. Return

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