The (), or Enactments of SHU"M, were a set of decrees formulated and agreed upon over a period of decades by the leaders of three of the central cities of medieval

Rhineland The Rhineland ( ; ; ; ) is a loosely defined area of Western Germany along the Rhine, chiefly Middle Rhine, its middle section. It is the main industrial heartland of Germany because of its many factories, and it has historic ties to the Holy ...

Jewry:

Speyer Speyer (, older spelling ; ; ), historically known in English as Spires, is a city in Rhineland-Palatinate in the western part of the Germany, Federal Republic of Germany with approximately 50,000 inhabitants. Located on the left bank of the r ...

Worms The World Register of Marine Species (WoRMS) is a taxonomic database that aims to provide an authoritative and comprehensive catalogue and list of names of marine organisms. Content The content of the registry is edited and maintained by scien ...

, and

Mainz Mainz (; #Names and etymology, see below) is the capital and largest city of the German state of Rhineland-Palatinate, and with around 223,000 inhabitants, it is List of cities in Germany by population, Germany's 35th-largest city. It lies in ...

. The initials of the

Hebrew Hebrew (; ''ʿÎbrit'') is a Northwest Semitic languages, Northwest Semitic language within the Afroasiatic languages, Afroasiatic language family. A regional dialect of the Canaanite languages, it was natively spoken by the Israelites and ...

names for these cities, , , and form the initials . While these regulations were intended to address the problems of that time, they had an effect on European Jewry that lasted centuries.

Background

Following the

devastation Devastation may refer to: *HMS Devastation, HMS ''Devastation'', any of four ships of the British Royal Navy *French ship Dévastation, La ''Dévastation'', various French warships named ''Dévastation''. *''Devastation (video game)'', a first-per ...

of the Jewish communities of the Rhineland during the

People's Crusade The People's Crusade was the beginning phase of the First Crusade whose objective was to retake the Holy Land, and Jerusalem in particular, from Islamic rule. In 1095, after the head of the Roman Catholic Church Pope Urban II started to urge faith ...

, Jews who had formerly made their livings as itinerant merchants could no longer travel safely, and had to find careers in the cities which they lived. Many became local merchants; others became moneylenders. This drastically increased the rate of commerce between Jews and non-Jews, and, thus, litigation both internally amongst Jews and between Jews and non-Jews. Simultaneously, heavy taxes were being levied on the Jewish communities by the local government, taxes which many Jews at the time felt were being unfairly distributed by the leaders of the local ''kehilla''. The increasing internal and external pressures on the Jewish community, together with their recent near destruction during the Crusades, caused the leaders of the time to take the step of instituting broad decrees to strengthen their communities.

Synod of the Takkanot

In or around 1160, a

synod A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word '' synod'' comes from the Ancient Greek () ; the term is analogous with the Latin word . Originally, ...

was held in

Troyes Troyes () is a Communes of France, commune and the capital of the Departments of France, department of Aube in the Grand Est region of north-central France. It is located on the Seine river about south-east of Paris. Troyes is situated within ...

. This synod was led by

Rabbeinu Tam Jacob ben Meir (1100 – 9 June 1171 (4 Tammuz)), best known as Rabbeinu Tam (), was one of the most renowned Ashkenazi Jewish rabbis and leading French Tosafists, a leading '' halakhic'' authority in his generation, and a grandson of Rashi. K ...

, his brother, the

Rashbam Samuel ben Meir (Troyes, c. 1085 – c. 1158), after his death known as the "Rashbam", a Hebrew acronym for RAbbi SHmuel Ben Meir, was a leading French Tosafist and grandson of Shlomo Yitzhaki, "Rashi". Biography He was born in the vicinity of ...

, both grandchildren of

Rashi Shlomo Yitzchaki (; ; ; 13 July 1105) was a French rabbi who authored comprehensive commentaries on the Talmud and Hebrew Bible. He is commonly known by the List of rabbis known by acronyms, Rabbinic acronym Rashi (). Born in Troyes, Rashi stud ...

, and Eliezer ben Nathan (the Ra'avan). Over 250

rabbi A rabbi (; ) is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi—known as ''semikha''—following a course of study of Jewish history and texts such as the Talmud. The basic form of t ...

s from communities all over

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

attended as well. A number of communal decrees were enacted at the synod covering both Jewish-

Gentile ''Gentile'' () is a word that today usually means someone who is not Jewish. Other groups that claim Israelite heritage, notably Mormons, have historically used the term ''gentile'' to describe outsiders. More rarely, the term is used as a synony ...

relations as well as matters relating internally to the Jewish community. Examples of such decrees include: *The restriction requiring Jews engaged in monetary disputes amongst themselves to have the case decided by a Jewish beth din, and not a secular court, unless one of the parties was refusing to accept the ruling rendered by the beth din. *A person disputing the ''kehillah''’s tax assessment on him should pay the tax first and then bring the assessors to beth din. *A person lending space to a community to act as a synagogue cannot restrict specific individuals from praying there. He can only rescind the permission ''in toto''.Hirschman, 18 Among the many new decrees implemented or older decrees strengthened was the famous ban of Rabbenu Gershom against

polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

.Hirschman, 19

Synods of SHUM

The synod in Troyes was binding only on French Jewry. In or around 1196, the rabbis and community leaders throughout the entire

called a synod of their own in

, in which they affirmed most of the decrees of the Troyes synod, and added a number of their own. The decrees did not take as firm hold as was desired, so twenty-four years later, in 1220, a second synod was convened in Mainz, in which the leaders of the generation re-affirmed the decrees enacted in the first synod. Important historical figures attending one or both of these synods included David of

Münzenberg Münzenberg is a town in the Wetteraukreis district in Hesse, Germany. It is located 13 km north of Friedberg, Hesse, Friedberg, and 16 km southeast of Gießen. Münzenberg Castle is located outside the town. Population development B ...

, Simha of Speyer, Jacob ben Asher of Speyer, Eliezer ben Joel HaLevi, and Elazar Rokeach.Hirschman, 21 These enactments covered both internal issues within the Jewish community as well as issues that involved interactions with the non-Jewish government of the time. Specific examples of enactments instituted or strengthened at the Rhineland synods include: *The placement of a '' cherem'' on anyone who informed on another Jew until such time as restitution was made. *The removal of all exceptions to community-imposed taxes. *The prohibition against lending money to other Jews without ensuring strict adherence to the '' halakhot'' that dealt with loans. *The prohibition against calling someone a ''

mamzer In the Hebrew Bible and Jewish religious law, a ''mamzer'' (, , "estranged person"; plural ''mamzerim'') is a person who is born as the result of certain forbidden relationships or incest (as it is defined by the Bible), or the descendant of s ...

'' or otherwise cast aspersions about the legal validity of his or her parents' marriage. *The permission for the estate of a deceased person to be used to educate his or her children, even if the deceased indicated some other specific use for the funds. There were many other decrees that dealt with various aspects of Jewish legal, financial, and religious life of the times. In 1223 a third synod was held in the Rhineland community, this time in

. The main focus of this synod was the "Chalitzah takkana," but other decrees were discussed, including the prohibition against a one person either placing or lifting a ''cherem''. To be either placed or lifted, such bans needed more than one community leader to agree. Notable attendees of this third synod included Elazar Rokeach and David ben Shaltiel.Hirschman, 22

Modern adherence

While parts of various decrees still remain in force, the majority of the ''Takkanot Shum'' are no longer considered in force by most Ashkenazic Jewry. The decrees were instituted to deal with specific religious and sociological problems of the time, and were not considered to be placed in force for perpetuity, but for only as long as such issues existed.Hirschman, 23 However, there are two specific decrees still considered active today: the Dowry takkana and the Chalitzah takkana.

Dowry takkana

At this time it was common to marry off daughters quite young, as soon as a suitable husband could be found and a

dowry A dowry is a payment such as land, property, money, livestock, or a commercial asset that is paid by the bride's (woman's) family to the groom (man) or his family at the time of marriage. Dowry contrasts with the related concepts of bride price ...

put together. Combined with childhood diseases and a high general mortality rate this meant that it was not uncommon for young people to die within a short time of marriage, before their spouses had formed lasting relationships with their families. Under Jewish

inheritance law Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offici ...

, a husband is his wife's sole heir, but a wife does not inherit from her husband. Thus, no matter who died, the dowry, which represented a substantial sacrifice by the wife's parents for their daughter's happiness, would end up with the husband or his family. As a result, parents became reluctant to give their daughters large dowries, which in turn led to difficulty in finding them husbands. Therefore the synod of Troyes, led by Rabbenu Tam, decreed that if a husband or wife dies within a year of marriage without leaving a surviving child, the dowry would revert to the parents who had given it; if the death was within two years half the dowry would revert. While Rabbenu Tam rescinded this decree before his death, it was reaffirmed by his students in the first synod of SHUM. This decree is today incorporated by reference into the standard

Ashkenazi Ashkenazi Jews ( ; also known as Ashkenazic Jews or Ashkenazim) form a distinct subgroup of the Jewish diaspora, that Ethnogenesis, emerged in the Holy Roman Empire around the end of the first millennium Common era, CE. They traditionally spe ...

prenuptial contract (''tena'im''), with the phrase "and in case of absence euphemism for deathit will stand as the decree of ShUM"; in some communities even this elliptical mention of death is thought unlucky at a wedding, so it is merely hinted at with the cryptic phrase "and in case, etc." Even if it is not explicitly referenced at all, or if there is no contract, it is assumed that the parties consented to it unless it is explicitly excluded.

Chalitzah takkana

When a husband died childless, there is a

mitzvah In its primary meaning, the Hebrew language, Hebrew word (; , ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment Divine law, from God to be performed as a religious duty. Jewish law () in large part consists of disc ...

for a surviving brother to perform either ''

yibbum ''Yibbum'' (, ) is the form of levirate marriage found in Judaism. As specified by , the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the ...

'' or ''

halizah ''Halitsah'' or ''chalitzah'' () in Rabbinical Judaism is the process by which a childless widow and a brother of her deceased husband may avoid the duty to marry under the biblical system of yibbum (levirate marriage) The process involves the ...

''. Already in the times of the

Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

, performing ''yibbum'' was deprecated in favor of ''halitza'' for various reasons.Talmud Yevamot 39b The decrees enacted in the various synods of SHUM dealt with the time span allowed and the disbursement of the deceased's property after halitzah. The original decree, discussed at all three synods of SHUM, instituted a time limit of three months after the husband's death within which to perform yibbum or halitzah (although yibbum was rarely, if ever, performed) and after the halitzah, a beth din would decide upon the disbursement of the estate, with no recourse for the brother performing halitzah to subsequently sue. This decree was yet again re-affirmed 60 years later by

Meir of Rothenburg Meir of Rothenburg ( 1215 – 2 May 1293) was a German Rabbi and poet, as well as a major contributing author of the ''tosafot'' on Rashi's commentary on the Talmud. He is also known as Meir ben Baruch (), and by the Hebrew language acr ...

. However, in 1381, another synod was held in Mainz that changed the disbursement—instituting an even split between the widow and all surviving brothers. This was a change from previous tradition in which, most often, the brother performing the halitzah would receive the

ketubah A ketubah (; ) is a Jewish marriage contract. It is considered an integral part of a Jewish views on marriage, traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...

monies, as well as usually receiving most, if not all, of the surviving estate. This version is the second of the decrees still enforced today.

References

{{Reflist, 2, refs= {{cite web , url = http://www.jewishvirtuallibrary.org/jsource/judaica/ejud_0002_0019_0_19431.html , title = Synods , year = 2008 , work =

Jewish Virtual Library The Jewish Virtual Library (JVL, formerly known as JSOURCE) is an online encyclopedia published by the American foreign policy analyst Mitchell Bard's non-profit organization American–Israeli Cooperative Enterprise (AICE). It is a website cove ...

, access-date = December 8, 2009 {{cite book , last= Weiss , first= Moshe , title= A brief history of the Jewish people , url= https://books.google.com/books?id=oJOvpkHg7msC&q=%22takkanot+shum%22 , format=

Google Book Search Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google that searches the full text of books and magazines that Google has scanned, converted to text using optical charac ...

, access-date= December 8, 2009 , year= 2004 , publisher=

Rowman & Littlefield Rowman & Littlefield Publishing Group is an American independent academic publishing company founded in 1949. Under several imprints, the company offers scholarly books for the academic market, as well as trade books. The company also owns ...

, location= Lanham, MD , isbn= 0-7425-4402-8 , oclc= 45463461 , pages= 101–102 , chapter= Rashi and the Crusades , chapter-url= https://books.google.com/books?id=oJOvpkHg7msC&dq=%22takkanot+shum%22&pg=PA101 , lccn= 00067546 {{cite journal , last = Hirschman , first = Raphael , editor-last = Ben Nun , editor-first= Dov , date = May 27, 2009 , title = The ''Takkanos'' of SHUM , journal =

Mishpacha ''Mishpacha'' () - Jewish Family Weekly is a Haredi weekly magazine package produced by The Mishpacha Group in both English and Hebrew. History ''Mishpacha'' is one of the four major English-language newspapers and magazines serving the Hared ...

, issue = 260 (Kolmos Supplement) , pages = 16–23 , oclc = 57819059 , url = http://www.mishpacha.com/getPdf/11/260/2/1/52 , format = PDF , access-date = December 8, 2009 , archive-url = https://web.archive.org/web/20100923143102/http://www.mishpacha.com/getPdf/11/260/2/1/52 , archive-date=September 23, 2010 1190s in the Holy Roman Empire 1220s in the Holy Roman Empire History of religion in Germany History of the Rhineland Jewish French history Jewish German history Judaism in France Judaism in Germany Jewish law and rituals Rabbinical organizations History of Rhineland-Palatinate Jews and Judaism in Mainz Jews and Judaism in Speyer Jews and Judaism in Worms, Germany Medieval Jewish history