Law relating to the public relations of fellow Israelites

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The Württemberg law on the public relations of Israelite co-religionists of April 25, 1828, as a so-called "education law", placed the entire Jewish community life under centralized state management in order to legitimize the extensive legal equality of Jews with all other citizens and subjects. It belongs to the so-called Jewish edicts or " emancipation laws ," the beginning of the 19th century and in the pre-March period of in most countries Deutsche Bundesbank adopted. It is considered a decisive step in the gradual development towards extensive legal equality and the social and cultural assimilation of the Jews in Württemberg. However, the law did not yet achieve full legal equality for Jews and continued to exclude important questions of political emancipation, for example the question of active and passive voting rights for the municipal council and for the House of Representatives in the Chamber of Two .

Comparison with other emancipation laws

The law of the Kingdom of Württemberg differs from others, somewhat to the Baden law , in that the entire religious life in the previously autonomous Jewish communities was placed under the state supervision of a consistory. In economic and cultural equality policy, however, as in most edicts, the main motive is to dissuade Jews from part of their previous occupations and to prevent the isolation of a self-made religious community within society.

Despite the improvement in the position of the Jews, primarily through the abolition of the special provisions of the protection of citizenship , the law fell short of the tolerance that had already been achieved in the neighboring Grand Duchy of Baden , in some other German states and outside the borders of the German Confederation .

Individual areas

Also in the education system and in the church constitution , which was organized in accordance with the sovereign church regiment parallel to the Christian churches, the endeavor to bring religious life under state control and to regulate non-state influences can be recognized.

The state also influences the private living conditions of Jews by enforcing general statutory provisions in marriage, family and inheritance law. This declares the enforcement of Talmudic regulations to be unlawful insofar as they contradict the law. The internal Jewish tradition of such religiously based norms is prevented in schools and synagogues and a legally compliant interpretation is enforced through regular lectures on the Sabbath with all religious members being required to be present. The Jewish communities and schools thus become mediators of a state-decreed liberal and state-compliant understanding of the Jewish religion, which was welcomed by Reform Judaism .

Law Concerning the Public Relations of fellow Israelites April 25, 1828

prehistory

In Württemberg there had been a settlement and trade ban for Jews since the time of Count Eberhard im Bart in the late 15th century. Although some Jews lived in Württemberg with exceptions, their number remained small. Due to the political upheavals at the beginning of the 19th century, many former imperial knighthood or ecclesiastical territories came to Württemberg, in which the Jews expelled from Württemberg and the imperial cities had settled for centuries. While there were only a few hundred Jews in Württemberg around 1800, the number of Jews increased to around 7,000 as a result of the new territories, of which the Neuwuerttemberg residents mostly had more ancestral rights than the Old Württemberg Jews. The Württemberg government felt compelled to standardize the rights of all Jews in Württemberg. Since the Jews in neighboring France had been granted full emancipation as early as 1791, a decision was made in Württemberg to be legally equal to the other citizens, for which a number of preparatory regulations were made between 1806 and 1827.

In 1821 a royal commission was set up to advise on the reorganization of public relations among Jews. Delegates from the Jewish communities also took part in this commission. The bill was presented to the Chamber of Estates in 1828 and discussed there. According to Jost, the debates in the Chamber and the reactions of the public were extremely controversial and marked by many fears. The bill was accepted by a majority, but the government's draft was amended or supplemented to the detriment of the Jews, for example on the question of freedom of trade (Art. 24).

Further legal development

In 1836, further equality of the Jews was achieved after the Israelite communities had submitted a revision request to the commission. The Chamber of Deputies commented on this and decided to recommend a revision to the government. This concerned the right to vote and freedom of trade. But in 1840 Robert von Mohl found that Jews were still a disadvantaged class.

In 1849 Jews were guaranteed full equality in the Paulskirche constitution , and in 1849 Württemberg took over basic rights in a ministerial decree. In 1850, however, this was repealed and, according to Section 89 of the Constitution, Jews were again excluded from active and passive voting rights. In 1851 the German Confederation abolished the basic rights. In 1852, all basic rights claims in Württemberg were also revoked. However, the law of 1828 was to be revised by an additional law on the public relations of Jews. Only in the years 1861 and 1864 did the Jews receive more extensive civil rights, almost complete legal equality in the Equal Rights Act of 1869 , which, however, "with the intention of marriages and the ecclesiastical conditions of the Israelites", Art. 37, second paragraph, Art. 38, 39, 48 to 61 of the law of 1828 retained. In 1869, the ban on marriage between Christians and Jews also fell. The Equal Rights Act of the North German Confederation became a Reich law in 1871 and was incorporated into Article 136 of the Weimar Constitution . Articles 136 to 139 and 141 have become part of the constitution through Article 140 of the Basic Law for the Federal Republic of Germany .

The church administration took a special development . The Jewish religion was recognized by the state with the law of 1828, but at the same time it was subject to the strict regulations that also existed for the Christian denominations, with the Catholic Church being exempted from this regulation as early as 1838. According to the ordinance of October 27, 1831, the administrative and religious affairs of the Württemberg Jews, including the administration of the Israelite Central Church Treasury, which was set up at the same time, belonged to the business area of ​​the Israelite Upper Church Authority.

The Upper Church Authority was subordinate to the Ministry of the Interior until 1848, then to the Ministry of Churches and Schools. Subordinate to the higher church authority were initially 41 Israelite church councils and 13 district rabbinates , some of which were later abolished and merged. The state church imposed on the Israelite religious community by the law of 1828 and thus the original competence of the Israelite higher church authority remained unchanged until the early 20th century.

It was not until the law of July 8, 1912 and the new church constitution of September 16, 1912, that the state church was replaced by so-called church sovereignty : the Israelite religious community thus became a corporation under public law , the Israelite higher church authority received the right of self-administration and the right to legislate in matters of Israelites Religious community, the ministry of church and school systems were restricted to the rights of a supervisory authority. After the November Revolution of 1918, the remaining state restrictions on the Israelite religious community were lifted. The term “ church ”, which was foreign to Judaism , was also dropped.

In 1924 the activity of the Israelite Higher Church Authority ended. In their place came the Israelite Council as a state institution, i. H. Executing non-governmental authority of the Israelite religious community Württemberg .

Law and Legal Reality

Legal equality did not mean that the laws were always interpreted and applied in favor of the Jews. It was particularly difficult for unbaptized Jews to exercise their civil rights. In principle, Jews were admitted to civil service in the law of 1828, at least in accordance with the intention, but according to the clearer formulations of the following laws, for example, access to the judicial office was hindered in practice. Between 1869 and 1914 only three Jews came to the office of judge and this only as far as the entrance point of the magistrate. The same applies to the school service, the ordinaries at the universities, higher military posts and higher administration.

Only in 1906, after a 30-year break, were two Jewish lawyers elected to the state parliament.

Jews have participated in the election of the municipal council since 1836 and were also elected municipal councilors from the middle of the century.

Historical context and motivation of the law

The Württemberg edict of the Jews was also less an emancipation law than an "education law". The Jews were not expected to become Christians, but they should stop being Jews. Particularly with regard to the Jewish trade spirit, a "de-Judaization" of the Jews was demanded in Württemberg when the law was being discussed. As Reinhard Rürup makes clear, this was not intended to be an integration, but only an assimilation of the Jews. The Jewish question was to be solved by abolishing Judaism. While in 1812 85.5% of Jews were still active in the chess trade, this proportion fell to 17.7% by 1852, while civil professions increased to 5.4% in science and art, 10.3% in agriculture and 64 in the same period , 3% in craft and trade too. Compared to other German states, Württemberg was extremely successful.

construction

The law consists of three main sections, which concern civil conditions, the school system and church conditions.

Bourgeois relationships

general part

Article 1 stipulates the equality of rights and duties with subjects from Württemberg . Reference is made to exceptions to equality. The exceptions mainly concern the chess trade , which is dealt with in Art 37. The oath of homage to the monarch, which is mandatory in Württemberg from the age of 16, must be taken (2). An officially approved Jewish family name must be accepted (3). The German language, writing and time calculation must be used for all legal transactions (4). As witnesses , Jews are on an equal footing in court (5). Claims may also be passed Christians ceded to (6). Religious peculiarities of the oath are tolerated (7). Christian Sundays and public holidays must not be disturbed (8). Foreign Jews must be able to show ID from their country of origin (9). A foreign "haggling Jew" cannot obtain citizenship, other Israelites only if they have been guaranteed local citizenship. Exceptions apply to rabbis. Citizenship does not pass to children over 15 years of age (10).

Civil relations / community

Every Jew must have or be assigned a local residence (11). The Protection Association of Jews is dissolved. So there is no longer any special “ protection status ” for Jews (12). In the case of chess trade or relapse, the community rights are revoked (17/18).

Career choice and freedom of trade

Jews are given equal rights to Württembergians, but restrictions primarily affect the opening of new retail businesses, wholesalers, pharmacies and other professions in which it was feared that a large number of Jews would work in these, which would mean competition with existing businesses would have reinforced.

The "chess trade" is specified in Art 36/37. It leads to the continued existence of the restrictions (Art. 10, 13, 16, 17, 32-35), since the chess trade is not counted among the ordinary branches of business. These include: peddling , junk trade (second-hand), lending against pledge not obrigkeitlich authorized brokering , cattle adjustment .

marriage and family

The marriage must go through the district office approved and the marriage ceremony be performed by a competent rabbi (37). The wedding ceremony has to be announced three times (38) The contingent was designed according to the Christian marriage. In the case of obstacles to marriage , only the Württemberg laws apply (39). In matrimonial matters, the courts of law have jurisdiction and must take ritual law into account (40). The same laws apply to property law and inheritance law as to all subjects (41).

School system

The compulsory education in public schools applies to all Jewish children, teachers on special Israelite elementary schools must have passed a civil service examination, its citizens and the state laws as well as the supervisory authority comply (43). Schools, school laws and curricula are subject to government supervision (44). If there is no Israelite school, the local school must be attended; all subjects except religious education are compulsory (45). Private tutors, especially for religious instruction, require a state certificate (46). All private schools are to be closed or converted into public schools.

Church affairs

Jews have religious freedom (48), they must belong to officially approved communities with community leaders (49). The service must be led by a rabbi . The rabbis' salary has to be paid by the community, which has to make contributions to the central church treasury (51). The rabbi is appointed by the state government. He has to prove his qualification in a state examination, which requires a university degree in a preparatory science, not just knowledge of the Mosaic religion. He must also undertake to comply with state law. He may not pursue any trade, in particular he may not be a slaughterer or have another part-time job (52). The precentor, the rabbi's representative, must also be examined and approved by the state (53). Religious instruction by rabbis or cantors must be given every Sabbath in the public synagogue and in German. The participation of women is compulsory (54). On the Sabbath, too, the Jew can be obliged to appear before the authorities (55). Every congregation has to elect a head of office, which includes three other members in addition to rabbis and cantors. The chiefs are responsible for church discipline. In doing so, however, no jurisdiction may be exercised, and interference in civil affairs is also prohibited (56). The administration of the church and poor affairs is subordinate to a higher authority which is appointed by the government and consists of a government commissioner and at least four Israelite assessors (57). Church funds, local funds and a central fund (58) must be set up to finance the community's tasks. Each independent Jew has to pay a contribution of six guilders. The government regulates the distribution to the local and central funds (59). For the central fund, the higher authority can decide on allocations to the municipalities (60). The state oversees the administration of the central fund (61).

Individual evidence

  1. ↑ Edith Walz: History of the Jews in Heilbronn. Supplement to the exhibition of the Protestant parish Heilbronn in the choir of Kilian's Church - June 1987 , Heilbronn 1987, p. 6.
  2. ^ Robert von Mohl: The constitutional law of the Kingdom of Württemberg: The constitutional law, Volume 1. 2nd edition, Tübingen 1840.
  3. ^ Ernest Hamburger: Jews in Public Life in Germany: Government Members, Officials and Parliamentarians in the Monarchical Period 1848-1918. Tubingen 1968.
  4. ↑ Reinhard Rürup: Emancipation and anti-Semitism: studies on the "Jewish question" in bourgeois society . Vandenhoeck + Ruprecht Gm, 1975, ISBN 978-3-525-35966-2 .
  5. ↑ Reinhard Rürup: Jewish life in the country: Studies on German-Jewish history . Mohr Siebeck, January 1, 1997, ISBN 978-3-16-146842-1 , pp. 124–.

literature

  • Latest state files and documents in monthly booklets, volume 11. Stuttgart and Tübingen (Cotta), 1828. In: Diplomatic archive for contemporary and state history, 17th volume. Stuttgart and Tübingen (Cotta), 1828.
  • Israelitische Annalen: A Central Journal for History, Literature and Culture d. Israelites of all times and countries. Published by JM Jost. Issue No. 40, 1839.
  • Negotiations of the Chamber of Deputies of the Kingdom of Württemberg at the Landtag of 1836, 49th session on May 4, 1836, point 4, in Volume 4, pp. 34-80, Stuttgart 1836.
  • Robert von Mohl: The State Law of the Kingdom of Württemberg: The Constitutional Law, Volume 1. 2nd edition, Tübingen 1840.
  • Issac Lebrecht: The legal position of the Jews in Württemberg. Ulm 1861.