Situations of Religious Minority in Ottoman Empire, Their Rights, Freedoms and Relations with Government.

Ottoman Empire was multiculturel and multi ethnic. There was many ethnic groups which is named as millet1. When we wanted to understand the meaning of Millet, if we look to Kur’an we can see in fifteen verses. In these verses ‘millet’ used for mean of religion2. This meaning was different than today what we understand. According to İlber Ortaylı the word millet means in Arabic community-communitas refers to religious group, kavm refers ethnicity and ulus refers to nation3.

In Ottoman Empire the word millet used by this way, religious group. And there is another word used for people who are accepted the domination of Islam, zimmi.Zımmis gathered under the different beliefs and ethnicity and these groups are different millets. So, the word millet refers religious groups in Ottoman Empire4. There was Rum Milleti5, Armenian Millet, Jewish Millet in Ottoman Empire. İf Rums (Greeks) and Bulgarians were Orthodox, they are counted as in Rum Milleti6. Armenians, Protestants and Catholics had their own groups. Turks, Arabs and Albanians were ruling class as muslims and called themselves as Osmanlı7.

Zımmis were divided into three main groups, Christians, Judaism8 and Sabiis. And there was Latins, Georgians, Armenians, Assyrians, Chaldeans, Mornites (Lebenon Catholics), Kıptis and Catholic Greeks as Catholic; and Orthodoxes, Gregorians,

1Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, p. 9. 2Bakara: 120, 130, 135; Al-i İmran: 95; Nisa: 125; Enam: 161; A’raf: 88, 89; Yusuf: 37,38; İbrahim: 13; Nahl: 123; Kehf: 20; Hac: 78; Sa’d: 7. 3Ortaylı, İlber, “Osmanlı İmparatorluğu’nda Millet”, TCTA, c. IV, S. 32, 1986, s. 996. 4Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, p. 9. 5Insaying of “Rum Milleti” (Greek Religious Group), Rum refers an ethnicity but during Ottoman Empire, it is refered Orthodox. 6Rum Milleti means Greek Nation. 7Ottoman. 8Jewish.

Nestorians, Jacobite Assyrians, Melkites and Mandeis as Orthodox. And there was Rabbanians, Karaits and Samirians were Judaism9.

When we look at the population these zimmîswere much more crowded than today’s Turkey. According to Halil İnalcık 1455 census of Kadı10Muhyiddîn in Galata11, there was 592 Rum Orthodox Houses12, 535 Muslim Houses, 332 Latin Houses (European Catholics) and 62 Armenian Houses13.

And 1914 census says there was 1.173.422 Armenian people, 1.564.939 Greek (Rum) people in Ottoman Empire.14

Zimmis’ and Ottomans’ rights were different. Ottoman Empire was a İslamic Empire and ruling according to Sharia (Islamic Law). Zimmis were ruled by Sharia also. When Ottoman gave right to them, they find it out from Sharia and it was makes their right not equal with Muslims because just Muslims can include ummah15. 16

Zımmis were under of Islamic Law but also they had to right have their own judicial authority in their own problems. When there was a problem if both sides are in same religious group (millet) they are judged by their own community courts which is created by their own patriarchs. But one side was in ummah (muslim) they are judged by Kadi. 17

9Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, p. 9. 10Kadı is judge rulling accordance with Islamic religious law (sharia), appointed by the ruler of a Muslim country. 11Galata is known as Beyoğlu, Istanbul in today’s Turkey. During Ottoman Empire, Galata was trade center and mostly non-muslims were living here or close to here. Their district (panish) were around here. 12Counting houses, not to people. 13Halil İnalcık, “Osmanlılar”, p.196 14The Republic of Turkey Ottoman ArchivesThe document is published in electronic form ArsivBelgeleriyleErmeniFaaliyetleriCilt 1 also the values are presented in the Stanford Jay Shaw, EzelKural Shaw "History of the Ottoman Empire and Modern Turkey" Cambridge University page 239-241. 15Islamic Society. 16Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, ch. İslam Hukuku Çerçevesinde Osmanlı Zımmilerinin Reform Öncesi Hukuki Statüleri, p. 14. 17Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, ch. Usul Hukuku Açısından Zımmiler p. 23-24.

Even when they had lawsuit about debt or trade law they were coming before Kadi.18

Another distinction of Zımmis is about the witnesing. A zimmi can not be a witness against to a muslim in the court but they can be a witness against to each other (other zımmis).19 But there is one fatwa20of Ebussuud Efendi21witness of people will not be acceptable who are not going to church or synagogue22.

In some facts, if there is no any muslim witness kadi can ask to a zimmi, when he asked zimmi must swear on Holy Bible and Jesus Chist.23 For make the format of this swearing acceptable to muslims swearing was like “I swear to God who gave Bible to Jesus (as prophet)”24

But for Christianity there is a problem. According to Bible to swear (oath) is wrong, Jesus said;

“But I say to you, Do not take an oath at all, either by heaven, for it is the throne of God, or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. And do not take an oath by your head, for you cannot make one hair white or black. Let what you say be simply ‘Yes’ or ‘No’; anything more than this comes from evil.”25

It shows us people were not truly religious or knowing their religion and holy bible.

18Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, ch. Usul Hukuku Açısından Zımmiler p. 23-24. 19Bozkurt, Zimmiler, in that article p. 50. 20 Fatwa, in the Islamic faith is the term for the legal opinion or learned interpretation that a qualified jurist or mufti can give on issues pertaining to the Islamic law. 21Ebussuud Efendi was a Hanafi Ottoman jurist and Qur'an exegete. 22Düzdağ, Ertuğrul, Ebussuud Efendi’nin Fetvaları Işığında 16. Asır Türk Hayatı, 1972, İstanbul, p.98 23Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, ch. Usul Hukuku Açısından Zımmiler p. 24-25. 24Gülnihal Bozkurt, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu (1839-1914)”, ch. Usul Hukuku Açısından Zımmiler p. 24-25. 25Matthew 5:34-37, English Standard Version.

Another distinctive between muslims and non-muslims is the taxes. There is two different kind of taxes taken from non-muslims. One of them is Tekalif-iOrfiye. Tekalif-iorfiye was a blanket terms for several different ad hoc charges which were, initially, extraordinary taxes raised in war-time. They were variously paid in cash or in kind, and rates could vary (to an extent), depending on the community's ability to pay.26By the time of the Tanzimatreforms, tekalif-iorfiye included ninety different excise taxes.27

Other one taxes was the Jizya. According to Abdurrahman Vefik28it was taxes taken from non-muslims because of the military service.29Zimmis were not allowed to be part of military service because idea was zimmis were not reliable. It tells us there is not equality. All of the non-muslims counted as not reliable because of the difference of beliefs, religion.

Idea ofJizyacame up by verse from Qur’an 9:29. Jizyawas for each person but it is taken from men between 14-75 age.30

There was two kind of Jizya according to Islamic Law. One of them is the maktujizye, other one is ale’r-rüûsjizya. MaktuJizyawas taking just the time of conquest. For this type of jizya fixed how much it will be, there was not differences for different kind of people. Ale’r-rüûsjizyais taking every year and amount of it is depends on people. From rich people 48 drachma one time per year, from middle-level people 24 drachma one time per year, from poor people 12 drachma one time per year.31

26Demirci, Suleyman (2003). Avariz and nüzul levies in the Ottoman Empire: An assessment of tax burden on the tax-paying subjects. A case study of the Province of Karaman, 1628–1700. 27Shaw, Stanford (1975). "The Nineteenth-Century Ottoman Tax Reforms and Revenue System". International Journal of Middle East Studies. 28Abdurrahman Vefik (b. 1857 – d. 1956)Ottoman statesman, author and economist. 29Kenanoğlu, Macit, “Osmanlı Millet Sistemi”, Gayrimüslimlerin Mali Mükellefiyetleri, Cizye, Part: 3, ch. 7, p. 379-380 30Bozkurt, Gülnihal, “Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu”, Vergi Hukuku Açısından Zimmiler, p. 26 31Abdurrahman Vefik, “Tekalif Kavaidi”, c. 1,1. Bs., Dersaadet 1328, p. 23; Pakalın, M. Zeki, Osmanlı Tarih Deyimleri ve Terimlei Sözlüğü, c. 1, p. 50.

How was the situations of Zimmis’ religious freedom? This question never answered in one way. When some people wanted to defend Ottoman Empire, people do not see negative attitudes against to non-muslims; and when someone wanted to blame Ottoman Empire, they do not want to talk about positive attitudes of Ottoman Empire against to non-muslims.

As an example, in my sources there is two different books. One of them is “Religion and State Management (en.)”32author was German priest33Christoph Wilhelm Lüdeke. Book is a journal of this priest. He wrote lots of things about Turkey, Ottoman Empire, Christians and other religious minorities. Another book is “Legal Status of Non-Muslim Ottoman Citizens (en.)34” by GülnihalBozkurt. This book is work of Turkish Historical Society35 and it tries to defend Ottoman Empire. This two books deny each other sometimes. But I will try to put both sides.

According to Halilİnalcık during the time of Mehmed the Conqueor, there was no policy to convert people into Islam.36 But extra taxes, pushing away from muslim places and different kind of discriminations were effected non-muslims and that time they converted to Islam (Ihtida). When Ottoman Empire wanted to some non-muslim to get into military, they pressured people to convert Islam because non-muslimscan not be in military37.

Until 17th century there was a system named Devşirme.Devşirme was chiefly the practice by which the Ottoman Empire took sonsfrom their BalkanChristian every year. They were then converted to Islam with the primary objective of selecting and training the ablest children for the military or civil service of the Empire.38 And this is shows us there was pressure about converting Islam to non-muslims.

32Christoph Wilhelm Lüdeke, “Türklerde Din ve Devlet Yönetimi”, (org. Glaubwürdige Nachrichten Von Dem Türkischen Reiche), Kitap Yayınevi. 33Protestant, Lutheran. 34Gülnihal, Bozkurt, Gayrimüslim Osmanlı Vatandaşlarının Hukuki Durumu, Türk Tarih Kurumu (TTK) 35Türk Tarih Kurumu, (TTK). 36İnalcık, Fatih Devri Üzerine Tetkikler..., p.141, 167. 37Christoph Wilhelm Lüdeke, “Türklerde Din ve Devlet İlişkileri”, p.78. 38Basgoz, I. & Wilson, H. E. (1989), The educational tradition of the Ottoman Empire and the development of the Turkish educational system of the republican era. Turkish Review 3(16), 15.

According to Christoph Wilhelm Lüdeke39, main idea of Turks, pressure people to convert Islam at every turn.40

About construction and repair of churches, all rules are taken from Sharia. So, building a church, reparing, ringing bell was not allowed to in Ottoman Empire. If any church has a steeple, destroyed by Empire.41 Sometimes reparing was allowed to but not all the time and it was not easy.

Having steeple was not allowed for the churches in Ottoman Empire but there was some exception. These exception was not given by Empire but natural conditions. Churches in İzmir, İstanbul, Bursa, Edirne etc. can not have a steeple but in Aegean Islands’ churches had steeple and they were ringing bells because of the population.42 Majority of population in islands were non-muslims.

For to repair, patriarch or head of church must obtain permission for that. This permission takes two steps: First of all fatwa must taken by Shaykh al-Islām43. And second step is the taking permission from Padishah44. After these, Kadicomes to pleace (church or synagogue) and reconnoiters. He decides does it really need to repair now, or not. If he decides to let people to repair, next step comes. Kadistarts to take measurements. Why? Because after repair, he comes and checks to place, if it is longer or larger or wider or bigger, they destroy it.45

When we look at the memoirs of Lüdeke, he says it is really difficult. To take fetwafrom Shaykh al-Islam is not easy after that Padishah. If there is not big problems in church for repair, you can not go to Shaykh al-Islam. Even if you wanted to repair somewhere in church, it takes so much money not because of repair materials are expensive, you should give some money to Ottoman Empire

39German Protestant, Lutheran priest. He came to Izmir at 1759 for start a church. He has been in Istanbul several times visited many churches and people. 40Christoph Wilhelm Lüdeke, Türklerde Din ve Devlet Yönetimi, p. 70-71. 41Babinger, ibid. P. 436. 42Christoph Wilhelm Lüdeke, “Türklerde Din ve Devlet Yönetimi”, p. 71. 43Shaykh al-Islam (Şeyhülislam, tr.) is a title of superior authority in the issues of Islam. 44Ruler in Ottoman Empire, Sultan. 45Hattı Hümayun, nr. 36491, t. 1253.

for that. People didn’t have enough money then churches are destroyed because of disrepair.46

In Ottoman Empire, many of the churches were converted to mosque. According to Gradeva47, many of the churches and houses in Thessaloniki taken from non-muslims and given to the jannissary48or made hamam49.These are continued until until 17th century. After conquest of Istanbul converting churches to mosques continued or just taken from Christians. As an example Pammakritos Church were converted to mosque at 1591.50

According to Mansel51this policy is for the show power of Islam to the non-muslims and about Pammakritos Church; one time Mehmet II. Was visiting to Patriarch Gennadios and he was prayin there, he didn’t like it and took there from them.52

Converting churches into the mosques is became a tradition in Ottoman Empire. When somewhere conquered one of the churches (not just one it can be more than one and it must be most beautiful and greatest) were converted to mosques.53

Houses of non-muslims were different. They are painted color of black. They didn’t have right to build or have houses like muslims. If house is same like muslims, must paint by color of black. 54

Muslims and non-muslims were not living at same place, same district. According to Bernard Lewis55it did not happen because of a rule like European ghettos, it

46Christoph Wilhelm Lüdeke, Türklerde Din ve Devlet Yönetimi, p. 71. 47Rossitsa Gradeva is an Associate Professor of History. 48Jannissarieswere elite infantry units that formed the Ottoman Sultan's household troops and bodyguards. 49Turkish bath. 50Gradeva, “Ottoman Policy Towards Christian Church Buildings”, Etudes Balkaniques, nr. 4, 1994, p. 17-31. 51Philip Mansel, is a historian of France and the Ottoman Empire. 52Mansel, ibid. P. 48-49. 53Ubicini says when Mehmed the Conqueror, after the conquest, he converted to 8 greatest churches into the mosque, see Ubicini, ibid. p. 187. 54Kenanoğlu, Macit, “Osmanlı Millet Sistemi: Mit ve Gerçek”, ch. Meskenlerin Konumuna İlişkin Düzenlemeler, p. 327-328. 55Lewis is a British-American historian specializing in oriental studies who is also known as a public intellectual and political commentator.

was natural movement. Districts were created in time around of mosques and churches. Christians gathered in a district around of a church, muslims did same thing around of a mosque.56 But there was an edict at 1582, after this edict Zimmis were not allowed to live in Eyüp in Istanbul.57

There was some restriction about clothing learned by Islamic Law (Shariah). Muslims were wearing yellow shoes, Armenians were wearing hat and red shoes, Greeks’ shoes were black, Jews’ shoes were blue.58

As we see muslims and non-muslims were not the same. In my opinion non-muslims were not like a citizen, they were paying then living on this land. They are ruled by Islamic Law which they don’t believe. Sometimes persecuted, they couldn’t live completely their religion. Some of the people who are not faithfull converted to Islam because it was comfortable. But even still German Protestan Priest Lüdekesurprised when he saw these people who were still believing Jesus.59

But after 183960 and 185661, Turkey had steps on the way of democracy. First of all, Empire had responsible to protect all of the people’s life, homes, even non-muslims. After this, there was a new way on ruling. Because this edict brought up equality and it was not possible in Islamic Law, muslims must be different, higher than others.62

As second step came up with Islahat Edict or Ottoman Reform at 1856. Edict was read before all of the people and all of the freedoms (especially for non-muslims) explained.63 There was many freedoms giving to the non-muslims and most important one was removing the rule of killing of mürted64. İt was clearly rejecting Shariah.

56Lewis, “İslam Dünyasında Yahudiler”, p.40. 57Akgündüz, Ahmet, “Belgeler Gerçekleri Konuşuyor 3”, İzmiri 1991, p. 114. 58Edict in 8 May 1580, how they will wear, which color these ae said to people. 59Christoph Wilhelm Lüdeke, “Tarihte Din ve Devlet Yönetimi”, p. 77-78. 60Edict of Gülhane or Tanzimat Fermanı. 61Ottoman Reform Edict of 1856. 62Özçelik, Selçuk, A. Esas Teşkilat Hukuku Dersleri, 2. Cilt, Türkiye’nin Siyasi Rejimi ve Müesseseleri, I. Kitap, Istanbul, 1976, p. 55+. 63Metnin Sureti: Karal, C. 6, p.258-264. 64Mürted is said for people who rejected Islam. Apostasy of Islam is, İrtidad.

Islahat Edict was important for missionaries in Ottoman Empire. Before than Islahat Edict, Missionaries (mostly catholics) were reaching to non-muslims. Catholic missionaries were tring to bring people (Armenians and Greeks) Catholic Church because of that Armenian Patriarch were really mad at them.

Before than edict if someone tries to reach some muslims and talks about Christianity, both people executed by cutting head.65 But if Christian person accepts to be muslim he/she can forgiven from execution.66

As I said after Islahat Edict this rule is removed. After that missionaries could each to people and they were able to share gospel. Even still it was not easy to share gospel but as we see in history there was many missionaries.

Mehmet Şükri was born in Erzurum at 13 June 1861. He was an imam and preaching in a mosque. After war between Turks and Russians, a soldier brought a Turkish Bible. Somehow, Mehmet Şükri found this bible and read few chapters. But owner of that bible didn’t give him this. He could find a bible from a tailor. He read it and in the time he converted to Christianity then changed his name as ‘Can Aveteryan’.67 Many of the people were like him but any of them could share his/her faith like him because of the fear of killing, even there was an edict about it. There was pressure by people.

Another important example is an American protestan missionary is Cyrus Hamlin. He came to Istanbul January of 1839. He founded hospital for people and met with Florence Nightingale. And also he founded Robert Collage in Istanbul which still alive and most successful high school in Turkey. After he earned enough money he started 13 Protestant Churches.68

Another example is William Goodel, American Missionary. He came to Ottoman Empire’s land, Lebanon, Syria and opened a missionary center. He knew Latin and

65Christoph Wilhelm Lüdeke, Türklerde Din ve Devlet Yönetimi, p. 74. 66Christoph Wilhelm Lüdeke, Türklerde Din ve Devlet Yönetimi, p. 74-75. 67Davut Munetoğlu, Neden Hristiyan Oldular? (eng. Why They converted to Christianity?), p. 114-115. 68ABCFM archive, ABC, 16:5, 6, N. 69; Miras Dergisi, sayı 08, april/may. P.8.

Greek as well. When he came to Istanbul at 1831, he learned Turkish, Armenian, Arabic and Modern Greek (Rumca).69

William G. Schaffer, he came to Istanbul at 1832. He knew German, French, Russian, Italian, Greek. He graduated from Andover Thelogical School. He started to work on translating old and new testament into Turkish.70

As we see after Islahat Edict, missionaries had freedom to come and preach the gospel71. It was not easy but legally they had right to do that after Islahat Edict.

There was examples like Mehmet Şükri but many of the people hided their faith because they had freedom to convert any other religion72 by government but people still were effected by culture and wanted to kill people who are converted to Christianity. People who are converted to Christianity, they hided their faith because of fear. When they shared their faith, big pressure came by people and escaped from Turkey like Mehmet Şükri73

As we see there was not equality between Muslims and non-muslims. They did not have the same rights. They were like foreigners in their lands because attitude of government. They could not go to military and could not fight for country. They had different and bad houses. They did not have right to live own religions freely. Childerens of non-muslims taken by government and converted to Islam. Churches taken from christians and converted to mosque. These thing made people who are not part of this country.

Nurettin Oğuz ALHAN

69Uygur Kocabaşoğlu, Anadolu’daki Amerika, p.43. 70İbid. 73-75. 71A gospel is an account describing the life, death for our sins, and resurrection of Jesus of Nazarethand gave people to eternal life. 72Islahat Edict gave this right to people. İf someone being in İrtidad (apostasy of Islam) will not be killed. 73Mehmet Şükri, converted to Christianity and changed name as Can Aveteryan and then escaped to Sweeden with a missionary because of pressure and fear. See. Behnan Konutgan, Miras Dergisi, sayı 08, Osmanlı Misyonerleri, p. 6-7.