History of the Jews in the Byzantine Empire
were numerous and had significant roles throughout the history of the Byzantine Empire.
Background and legal standing
After the decline of the Greek-speaking Hellenistic Judaism in ancient times, the use of the Greek language and the integration of Greek culture into Judaism continued to be an integral part of life in Jewish communities in the Byzantine Empire. The legal standing of the Jews of the Byzantine Empire was unique throughout the empire’s history. They did not belong to the Christian Eastern Orthodox faith, which was the state church of the Byzantine Empire, nor were they, in most circumstances, grouped together with heretics and pagans. They were placed in a legal position somewhere between the two.The place along the spectrum of social freedom in which Byzantine Jews found themselves varied somewhat, though far from drastically, over time. This status was shaped largely by three factors: the theological aim of the state to preserve Jews as a living testament to Christianity's triumph; the need to maintain state control; and the effectiveness of central rule from Constantinople in enforcing legislation.
Some Jewish communities along the Balkan frontier—particularly in Illyricum, Thrace, and Moesia—appear to have maintained distinct regional identities, shaped by local Hellenistic traditions and frontier administrative structures. These peripheral communities, while part of the Byzantine legal framework, often operated in relative isolation from the empire’s Jewish centers such as Thessaloniki or Constantinople, and may have retained older liturgical or linguistic customs.
Foundations of the legal position of Jews: 330–404
In the Constitutio Antoniniana of 212, Caracalla bestowed citizenship on all residents including Jews of the Roman Empire, of which the Byzantine Empire is a continuation. This granted Jews legal equality to other citizens, and formed the foundation of their legal status in Byzantium following the founding of Constantinople in 330. Indeed, Jews enjoyed the right to practice their faith under the rule of the Byzantines, as long as they paid the Fiscus Judaicus. For example, circumcision, which was considered mutilation and therefore punishable by death if performed on a non-Jewish child, and by exile if performed on a non-Jewish adult, was legally permitted within Jewish religious practices. Byzantine law recognized synagogues as places of worship, which could not be arbitrarily molested. Jewish courts had the force of law in civil cases, and Jews could not be forced to violate Shabbat and their festivals.In the year 390, nearly all of the territory of present-day Israel came under Byzantine suzerainty. The area was divided into the provinces of Palestina Prima, Palestina Secunda, and Palestina Tertia. These provinces were part of the Diocese of the East.
Theodosian Code: 404–527
In 404, Jews were excluded from certain governmental posts. In 418, they were barred from the civil service, and from all military positions. In 425, they were excluded from all remaining public offices, both civilian and military, a prohibition which Justinian I reiterated. Such restrictions, however, inevitably compromised the theological arguments for restricting the Jewish religion. Although they empowered the Christian citizens of the empire at the expense of its Jews, all laws dealing with the Jews implicitly recognized the continued existence and legality of the Jewish religion.Thus Emperor Theodosius II found that he had to balance the first two of the three factors governing the treatment of Jews in the empire—theology, political pragmatism and enforceability. He could not, however, effectively control the third. In 438, Theodosius had to reaffirm the prohibition on Jews holding public office, because it had been poorly enforced. Even in 527, a decree which renewed this prohibition began by observing that "heedless of the laws' command infiltrated public offices".
There was one office, however, that Jews were not forbidden from assuming. This was the office of decurion, a tax collector who was required to pay all deficits in revenue from his own pocket. Theodosius II, who laid out much of the legal precedent and foundation for Byzantine law in his Theodosian Code, permitted Jews, like other citizens, to hire a substitute to perform the duties of decurion in their place. Justinian, whose legal code included 33 laws relating to the Jews, initially maintained this ability, but it was abolished in 537. Sharf explains that the purpose of this was so that the Jews "never enjoy the fruits of office, but only suffer its pains and penalties".
In addition to the matter of holding public office, Jews were also unequal to Christians with respect to the ownership of slaves. Restrictions on the ownership of Christian slaves by Jews were in place through the reign of many emperors, under the fear that Jews would use conversion of slaves as a means to increase their number. Additionally, this was designed to provide an incentive for non-Christian slaves to convert into Christianity, and an economic restriction on the Jews. Restrictions on slave-owning could not, however, be excessively burdensome, because slaves, although numerous, were between 10 and 15% of the population. Under the Theodosian Code, therefore, ownership of Christian slaves by Jews was not prohibited, although their purchase was. Thus, one who gained possession of a slave by means such as inheritance would remain his or her owner. Purchase of slaves was usually penalized by compelled sale at the original purchase price.
Slave ownership produces another example of the threefold balancing act of Legislation dealing with the Jewish minority of Byzantium: ownership of Christian slaves undermined the "living testament" theology, but was a pragmatic requirement of the time, and the prohibition thereof could not be entirely enforced, since freedom may not necessarily have been a desirable option for a slave who was well-treated by his masters.
The third important restriction on Judaism—in addition to the limitations on public service and slave ownership—was that the Jewish religion, though allowed to survive, was not allowed to thrive. Theologically, the victory of Christianity could be successfully asserted by maintaining a small contingent of Jews within the empire, although allowing them to become too sizable a minority would threaten the theological monopoly of Orthodox Christianity within the Empire.
One important ramification of this policy was the prohibition on the construction of new synagogues within the Empire, though the repair of old synagogues was permitted. This prohibition was difficult to enforce, as archaeological evidence in Israel indicates that illegal synagogue construction continued throughout the sixth century. The synagogue did continue to be respected as an inviolable place of worship until the reign of Justinian.
Beginning at this time, most legislation regarding the Jews—even laws which expanded the rights which they were afforded—were "prefaced by unambiguous expressions of hatred and contempt for Judaism".
Justinian Code: 527–565
The Civil Code of Justinian tightened the regulations on the ownership of Christian slaves by non-Christians. It abolished compensation for illegal purchases of Christian slaves, and added a 30 lb gold fine for this offense. Jews owning Christian slaves during the time of Justinian could be punished by execution.In 545, Justinian legislated that the right of existence of any synagogue on land belonging to an ecclesiastical institution be nullified. He was also the first emperor to order that existing synagogues be converted into churches. There is, however, only one example of such a conversion taking place by force: the synagogue in Borem. This synagogue was most likely converted for military reasons, in light of its strategic position on the frontier with the territory of the Berber tribes. In fact, Justinian banned all non-Christian places of worship in northern Africa, in legislation that grouped Jews with pagans and heretics. This legislation was hardly enforced, but set a precedent for the violability of synagogues and the blurring of the difference between Jews and other non-Christians. Once more, this represents the divergence between the Empire's theological objectives, its pragmatic goals and its capability to enforce its legislation. The poor efficacy of legislation points to the dominating power of the latter in restraining the two former factors, which, in this case, coincided.
The Jews also found that they were positioned in law somewhere between other non-Christians and the Christian majority. For instance, Justinian demanded that Passover be shown as subservient to Easter; in cases in which the former would fall before the latter, the Jews were forbidden from celebrating it on its appointed day, and were compelled to delay it. Jews were also forbidden from giving testimony concerning Christians in a court of law—a restriction already present in the Theodosian code—although Justinian eased this restriction in 537 to allow them to testify in cases between Christian individuals and the state. This privilege was not enjoyed by any other non-Christian group. Once more, the state sacrificed the doctrinal subordination of the Jews in order to gain practical benefits, in this case testimony against those who faced it in court.
Questions of internal Jewish discourse—which could, under the Theodosian Code, be arbitrated only by Jewish courts—could, under the Justinian Code, be officiated by the state, a power which Justinian did not shy away from utilizing. In 553 for instance, Justinian required that the public reading of the Pentateuch proceed in vernacular, rather than Hebrew, and forbade altogether the reading of the Mishna. In this way, Justinian not only restricted the religious freedom of the Jews, but also expanded his own power in order to reinforce the principle that, "in theory, there is no area that falls outside of the Empire's legislative power". Justinian's restrictions were, however, poorly enforced. Ironically, what little enforcement they did enjoy contributed to a notable growth in Jewish culture and liturgy. For instance, the banning of the reading of Mishna prompted Jewish scholars to write the piyutim, important works of poetry which refer strongly to the Mishna. Because these were not banned by the Civil Code, they afforded Jews the ability to circumvent it. Accordingly, this form of religious expression flourished under Justinian.