Jewish Law and French Civil Code

• French deputies of the religion of Moses resolved to provide a declaration that precedes answers to questions from His Imperial and Royal Majesty's Commissioners.
• The assembly declared their determination to adhere to the paternal intentions of His Majesty, considering the prince's law as supreme in civil and political matters.
• They affirmed any religious code conflicting with the French code would cease to govern them.
• Jews have always obeyed the state's laws, acknowledging no others since the revolution.

First Question: Is it lawful for Jews to marry more than one wife?

• It is not lawful for Jews to marry more than one wife in European countries, where they conform to the practice of marrying only one.
• Moses does not forbid the practice but settles inheritance rights between children of different wives, recognizing it as generally prevailing.
• Ancient doctors in the East restricted taking multiple wives unless a man's fortune allowed him to maintain them.
• A synod convened in Worms in the 11th century, led by Gershom, and composed of Rabbis, and pronounced an anathema against Israelites taking more than one wife in the West.
• This prohibition became universally accepted due to European manners.

Second Question: Is divorce allowed by the Jewish religion? Is it valid when not pronounced by courts of justice by virtue of laws in contradiction with those of the French Code?

• Repudiation is allowed by the law of Moses.
• Repudiation is not valid if not previously pronounced by the French code.
• Submission to the prince is a primary duty for every Israelite.
• In civil and political matters, state law is supreme.
• Before being admitted as French citizens, Jews could divorce according to their religious customs, though it was rare.
• Post-revolution, they acknowledge only the laws of the empire regarding divorce.
• Rabbis and principal Jews swore to conform to the laws and acknowledge no other rules in civil matters upon being granted citizenship.

Third Question: Can a Jewess marry a Christian, and a Jew a Christian woman? Or does the law allow the Jews to marry only among themselves?

• The law neither forbids interfaith marriage nor mandates marriage within the Jewish community.
• Marriages with the seven Canaanite nations, Amon, Moab, and Egyptians are expressly forbidden.
• Prohibition concerning the seven Canaanite nations is absolute
• Prohibition regarding Amon and Moab is limited to the men of those nations, not extending to the women.
• Prohibition is limited to the third generation for Egyptians.
• The prohibition generally applies to nations in idolatry.
• Intermarriages between Jews and Christians occurred in France, Spain, and Germany.
• The Rabbis generally oppose these marriages because according to the Talmud, religious ceremonies called Kiduschim are required, and no marriage can be religiously valid without them.
• Rabbis are no more inclined to bless interfaith unions than Catholic priests.
• A Jew marrying a Christian woman remains a Jew in the eyes of the community.

Fourth Question: In the eyes of Jews, are Frenchmen considered as their brethren? Or are they considered as strangers?

• Jews consider Frenchmen as their brethren, not strangers.
• The law of Moses aligns with this view.
• The lawgiver commands Israelites to love strangers, recalling their time in Egypt.
• Respect and benevolence toward strangers are enforced as a divine obligation.
• Jews consider their fellow citizens as brethren due to the shared land, government, and laws.
• The tie of gratitude for toleration and new favors from the government links their fate with all Frenchmen.
• France is seen as their country; all Frenchmen are their brethren.

Fifth Question: What line of conduct does their law prescribe towards Frenchmen not of their religion?

• The line of conduct is the same as that prescribed between Jews; differences lie in the way of worshipping the Supreme Being.
• The law of Moses and the Talmud prescribes treating Frenchmen not of their religion no differently than their Israelite brethren.
• Jews being incorporated with the Great Nation (France) is seen as a political redemption.

Sixth Question: Do Jews born in France, and treated by the laws as French citizens, consider France their country? Are they bound to defend it? Are they bound to obey the laws and to conform to the dispositions of the civil code?

• Jews consider themselves Frenchmen in France, bound to defend their country.
• Jeremiah exhorted Jews in Babylon to consider it their country.
• Ezra mentions that when Cyrus allowed the Jews to return to Jerusalem, only 42,360 left Babylon, mostly poor people, which indicates their attachment to the country.
• French Jews consider themselves among strangers in other jewish countries
• French Jews fought against other Jews, subjects of countries at war with France, and were rewarded for bravery.

Seventh Question: Who names the Rabbis?

• Since the revolution, the majority of the family names the Rabbi, given a sufficient number of Jews to maintain one, after inquiries into the candidate's morality and learning.
• This election mode varies by place, making rabbi elections uncertain.

Eighth Question: What police jurisdiction do Rabbis exercise among the Jews? What judicial power do they enjoy among them?

• Rabbis have no police jurisdiction among Jews.
• "Rabbi" first appeared in the Mishnah and Talmud, applied to doctors of law, based on reputation and learning.
• When the Israelites were dispersed, they formed small communities.
• A tribunal consisting of a Rabbi and two other doctors, called Beth Din, acting as a house of Justice, the Rabbi fulfilled the functions of judge, and the other two those of his assessors.
• Rabbinical tribunals have been suppressed in France and Italy since the revolution.
• The functions of Rabbis are limited to preaching morality, blessing marriages, and pronouncing divorces.

Ninth Question: Are these forms of Election, and that police-jurisdiction, regulated by law, or are they only sanctioned by custom?

• The forms of election and police-judicial jurisdiction are attributed solely to custom.

Tenth Question: Are there professions which the law of the Jews forbids them from exercising?

• No, the Talmud states that if a father does not teach his child a profession, he is raising him up to be a villain.

Eleventh Question: Does the law forbid the Jews from taking usury from their brethren?

• Deuteronomy says not to lend upon interest to a brother.
• "Neshekh" in Hebrew means interest of any kind, not just usurious interest.

Twelfth Question: Does it forbid or does it allow to take usury from strangers?

• The prohibition of usury is more a maxim of charity and benevolence than a commercial regulation, condemned equally by the law of Moses and the Talmud.
• Lending upon interest is generally forbidden to fellow citizens of different persuasions, as well as to fellow-Jews, based on charity.
• Taking interest from a stranger is allowed, referring to commercial intercourse with other nations.
• The prohibition extends to strangers dwelling in Israel, who are under God's safeguard and treated like widows and orphans.
• Interest, even among Israelites, is lawful in commercial operations where the lender shares the borrower's risk.