A strange statement appears in Maimonides' (d. 1204) code of Jewish law, the Mishneh Torah. When dealing with prohibited marriages, Maimonides writes that a convert from among the gentiles, including the seven Canaanite nations (Deuteronomy 7:3), may marry within the Jewish community. Originally there were some exceptions to this in regard to four nations: Ammon, Moab, Egypt, and Edom. However, Sennacherib, King of Assyria, commingled all the nations, and since then these four nations have been mixed up with all the other permitted nations, and they have all become permitted. “Thus a convert these days, whether he be an Edomite, an Egyptian, an Ammonite, a Moabite, a Kushite, or any other nation, whether male or female, is permitted to enter the community [of Israel, i.e. to marry within the community] immediately.”Footnote 1
As noted by Abraham I. Karelitz, the inclusion of the Kushite is problematic. There are biblical prohibitions against marrying Edomites, Egyptians, Ammonites, and Moabites (Deuteronomy 23:4, 8–9), but there is neither a biblical nor a rabbinic prohibition against the Kushite.Footnote 2 Why then did Maimonides find it necessary to say that marriage with a Kushite convert is permitted? When was it ever prohibited? I know of only two attempted explanations of this enigmatic statement. Shalom Dov Wolpo argued that the term “Kushite” in this text means Egyptian or part-Egyptian.Footnote 3 Indeed, such a usage is found in midrashic and poetic literature.Footnote 4 Maimonides’ text, however, is neither; rather, it is a law code, where precise language is to be expected. The other attempt at an explanation was made by Yosef Kafaḥ, who says that the Kushites were included in the biblical curse of slavery (Genesis 9:25).Footnote 5 Maimonides, however, is not speaking of slaves in this passage but of biblically prohibited nations, and, in any case, a manumitted slave is considered to be Jewish and is permitted to marry within the Jewish people (see below). There is indeed no biblical or rabbinic precedent for Maimonides' strange law, which is not mentioned in the other law codes nor in those early commentators who cite this section of Mishneh Torah, such as Jacob b. Asher (d. 1340) and David Pardo (d. 1790).Footnote 6 As we shall see, Maimonides' text is based on: (a) a perception of the ethnic heritage of black Africans that was common in the medieval Muslim (and, to some extent, also in the Eastern Christian) world; (b) the halakhah regarding the Jewish status of one with an enslaved past, and the complexities involved in determining such a past; and (c) assumptions concerning the past and present enslavement of black Africans, assumptions also common to the Muslim world in which Maimonides lived. These elements, together with an anti-Black sentiment frequently found in Maimonides' Muslim environment, and reflected elsewhere in Maimonides' writings, combine to explain Maimonides' halakhah.
Maimonides' Source(s)
Who were the Kushites to whom Maimonides refers? A clue is provided by two texts from the geonic period: Halakhot Pesukot, traditionally attributed to Yehudai Gaon of the 8th century, and Halakhot Gedolot, attributed to Shim‘on Kayyara of the 9th century. The first states:
These Zanj [zngʾyy]–if they convert, they are permitted to enter the community. Also the “seven nations” (Deuteronomy 7:1) – if they convert, they are permitted.Footnote 7
The second work, Halakhot Gedolot, has:
The seven nations who concluded peace [with Israel] before [Joshua's] conquest of the Land, are permitted to enter the community of Israel. The biblical prohibition of the seven nations applies only to those who were in Israel [at the time of the conquest], but those who were outside the Land were not prohibited by the Bible. And these Zanj—if they convert, they are permitted to enter the community. There are some rabbis who disagree in regard to the Zanj and the seven nations, [holding the opinion] that they may not enter the community, and that even if they convert, they are in the category of “You shall not marry them” (Deuteronomy 7:3).Footnote 8
The word ‘Zanj’ is apparently related to ‘Azania,’ the name given to the stretch of the East African coast from the horn of Africa in the north to the island of Zanzibar (whose first element is similarly related to ‘Zanj’) in the south.Footnote 9 Thousands of Zanj inhabitants were enslaved by the Muslim rulers and shipped to Iraq to work the salt marshes of the Tigris-Euphrates delta.Footnote 10 While ‘Zanj’ referred originally to East Africans from a specific geographic area, a meaning it appears to have in the geonic works (as we shall see), in time the term came to refer to black Africans in general, a transference apparently based on skin color.Footnote 11 It would appear that this wider meaning underlies Maimonides' reference to the Kushites, with one or both of the geonic texts providing the source for the halakhah in Mishneh Torah.Footnote 12
The geonic sources indicate a (rejected) position that marriage with the Zanj was prohibited. This is stated explicitly in Halakhot Gedolot (attributed to “some rabbis”) and implicitly in Halakhot Pesukot. Why should this be the case? Neil Danzig correctly rejects the possibility that the source of the prohibition is a statement found in some medieval texts that Moses did not have sexual relations with his “Kushite” wife (based on Numbers 12:1) because it was not permitted to marry the descendants of Ham. The statement appears first in the Chronicles of Moses (Divrei ha-yamim shel Mosheh), and later in the medieval anthologies Sefer ha-Yashar, Sefer ha-Zikhronot, and Yalkut Shimʿoni.Footnote 13 That Moses abstained from sex with his wife is found in tannaitic sources.Footnote 14 The Chronicles of Moses, however, adds the reason that it was prohibited to marry the descendants of Ham. But, as Danzig says, there is no such biblical or rabbinic prohibition. It seems, rather, that the statement in the Chronicles of Moses was manufactured to explain Moses' abstinence. In any case, there is no prohibition against marrying a Kushite or Zanj convert.
So then, why the prohibition of marriage with the Zanj as recorded in the two geonic-era works? And why the similar implied prohibition about the Kushites in Maimonides? Two explanations appear to work together and strengthen each other: the belief in the Canaanite ancestry of the Zanj/Kushites and the halakhic status of former slaves as non-Jewish. In addition, racial prejudice most probably had an impact as well.
Zanj Descendants of Canaanites
Some scholars thought that the explanation for the prohibition recorded in Halakhot Pesukot and Halakhot Gedolot must have been a belief that the Zanj were descendants of the Canaanite peoples, with whom the Bible prohibited marriage (Deuteronomy 7:1–3).Footnote 15 Their reason was based on the fact that both Halakhot Pesukot and Halakhot Gedolot group the Zanj with the Canaanite nations. Danzig, however, rejected this possibility remarking that it is difficult to accept the idea that the black African Zanj would have been considered descendants of Canaanite peoples. Instead, Danzig suggested that the solution lies in a misunderstood rabbinic tradition that one of the Canaanite nations emigrated to afrika (afriki) in the face of Joshua's conquest of Israel.Footnote 16 It is clear that underlying this tradition is the Phoenician emigration to Carthage. This is confirmed by the extra-rabbinic parallels to the rabbinic tradition (Augustine, Procopius, Isidore, the Suda, etc.) and by the variant readings of the rabbinic account which names “Canaanites” in place of “Africans.”Footnote 17 Danzig suggests, however, that afrika might have been misunderstood as referring to sub-Saharan Africa. But, aside from the fact that in both rabbinic and Islamic literature ‘afrika/‘ifrīkiya most commonly means north Africa, this suggestion runs into the problem that Danzig raised when rejecting the previous suggestion: it is unlikely that the lighter skinned Carthaginians would have been confused with the dark-skinned Zanj.
Whether or not the rabbinic tradition of Canaanite emigration was misunderstood, there is good reason to think that the Zanj and Kushites were believed to be descended from the Canaanites. In Islamic sources Canaan is commonly named as the ancestor of various black African peoples. Wahb ibn Munabbih (d. 730) says that the black African Nubians, Zanj, and Zaghawa descend from Canaan, and that “the descendants of Kush and Canaan are the races of the Sūdān: the Nūba, the Zanj, the Qazān, the Zaghāwa, the Ḥabasha, the Qibţ and the Barbar.” Ibn ʿAbd al-Ḥakam (9th century) states that Canaan is the father of the Blacks (sūdān) and the Abyssinians. Yaʿqūbī (d. 897): “The posterity of Kush ben Ham and Canaan ben Ham are the Nuba, the Zanj, and the Ḥabasha.” Maqdisī (10th century) says that Canaan is the father of, among several African peoples, “the Sūdān [and] the Nūba.” The Akhbār al-zamān (10th or 11th century): “Among the children of Canaan are the Nabīṭ, Nabīṭ signifies ‘black’…. Among the children of Sūdān, son of Canaan, are … the Zanj.” The Book of the Zanj states that the Nūba, the Ḥabash, and the Zanj are the descendants of Canaan.Footnote 18
Other Muslim sources relate Canaan specifically to Kush either as father and son or son and father. So Maqrīzī (d. 1442): “The Nubians are descended from Nuba son of Kush son of Canaan son of Ham.” Ṭabarī quotes Ibn Masʿūd (10th century) and “some of the companions of the Prophet” to say that Canaan was the son of Kush. Ṭabarī himself says several times that Kush was the son of Canaan as does Ibn Saʿd (d. 845) and Qazwīnī (d. 1283). Masʿūdī (d. 956) refers to Kush as the son of Canaan, or as the great-grandfather of Canaan. Kaʿb al-Aḥbar (a Jewish convert to Islam, d. ca. 652) has Canaan as the son of Kush, as also Dimashqī (d. 1327). Ibn Ḥawqal (10th century) makes Nimrod, the biblical son of Kush, a son of Canaan.Footnote 19
The tradition, then, that black Africans were directly related to, and more specifically descendants of, Canaan was very well established in the Muslim world. It is not, therefore, surprising that Halakhot Pesukot and Halakhot Gedolot, authored within that world, reflect this view by listing the Zanj with the Canaanite peoples. Their grouping together of the Zanj with the Canaanites is not due merely to a taxonomic classification of prohibited marriages but reflects a perceived genealogical relationship. Maimonides did not group Kushites with Canaanites but his reason for permitting marriage with the Kushites—because “Sennacherib had commingled all peoples”—implies a belief that the Kushites descended from peoples who were biblically prohibited. Since there was such a belief in the surrounding Muslim world, i.e. that the Kushites descended from the prohibited Canaanites, Maimonides' reference to the Kushites apparently reflects, and counters, that belief. But, as opposed to the Halakhot, by grouping the Kushites with other peoples (Edomites, Egyptians, Ammonites, and Moabites) Maimonides did not mean to imply a genealogical relationship with them any more than he wished to imply a genealogical relationship between them and “any other nation,” who are also grouped with these four peoples. The placement of the law regarding the Kushites within the organization of chapter 12 of Mishneh Torah, ‘Issure biʾah is based on other than genealogical principles.
Thus, in Iraq and Egypt the Muslim tradition of black African Canaanites seems to have influenced thinking in Jewish society. In one other location we again find the association of dark-skinned people with Canaan, but these dark-skinned people are Indians and the location is India. Mosseh Pereyra de Paiva of the Amsterdam Jewish community visited the Jews in Cochin in 1686. In his report he noted that the “white Jews” considered it disgraceful to marry the “black Jews,” and he commented, “They cite as a reason that they are slaves of slaves, and that they are mixed with Canaanites, converts, and Muslims.” A similar usage of “Canaanites” to describe the Cochinis occurs in the writings of the Yemenite poet Zacharia b. Saadia b. Jacob al-Ḍahri (16th century). He also visited Cochin and wrote in verse about those in the Jewish community who “are converts/ converted long ago/ from the kushim and Canaanites/ who know Jewish law and religion/ and acknowledge the laws of the Torah.”Footnote 20
It is possible that here too we are looking at Islamic influence, for Islam reached India, especially the Malabar coast, many centuries before the 16th century.Footnote 21 While the Muslim traditions, however, generally speak of various black African peoples, Syriac Christian sources mention the Indians as descendants of Canaan, and the Syriac Christian church had been in Malabar from the 4th century onward.Footnote 22 Thus the Syriac Cave of Treasures makes Canaan the ancestor of the dark-skinned peoples, that is, “the Egyptians, the Kushites, the Indians, and the Musdaye.” This is in agreement with the tradition, found in several Syriac Christian works, that when Canaan was cursed with slavery (Genesis 9:25) he became black, and this color, together with the curse of slavery, was transmitted to his descendants, thus giving a Canaanite ancestry to all dark-skinned peoples. Ishodad of Merv, the 9th century bishop of Hedhatha, records the tradition, although he himself does not accept it, that when Noah cursed Canaan, “instantly, by the force of the curse…his face and entire body became black (ukmotha). This is the black color which has persisted in his descendants.” Similarly recording but rejecting the tradition is the 13th-century Christian Ibn al-ʿIbrī (Bar Hebraeus): “Canaan was accursed … and with the very curse he became black (ʾwkm) and the blackness (ʾwkmwtʾ) was transmitted to his descendants....” Ibn al-Ṭaiyib (Baghdad, d. 1043), a Nestorian Christian, put it this way: “The curse of Noah affected the posterity of Canaan who were killed by Joshua son of Nun. At the moment of the curse, Canaan's body became black and the blackness spread out among them.” So also some later versions (Arabic, Ethiopic) of the Cave of Treasures make Canaan the ancestor of “other blacks (sūdān),” or “all those whose skin color is black.” The blackness of Canaan is also attributed to the Syriac father Ephrem, and although the attribution is most likely spurious, it reflects the views of its time (the MS dates probably from the 13th century).Footnote 23 In short, the notion that Canaan became black and that this color was transmitted to his descendants, who are all dark-skinned people, was common in the East, whether in the Christian or Muslim world, for well over a millennium beginning with the Cave of Treasures. This tradition did not leave the Jewish world unaffected, as may be seen in the texts discussed above, and in a few others.Footnote 24
The belief among Jews in the Canaanite ancestry of dark-skinned slaves, whether Zanj, Indians or, as will be seen below, Kushites, may have been strengthened by another factor: the expression ‘eved kna‘ani ‘Canaanite slave,’ the term used from the tannaitic period onward for a non-Jewish slave, irrespective of origin.Footnote 25 In the course of time, the term may have been understood literally to indicate Canaanite ancestry. In at least one case we find such ancestry ascribed to non-Jewish slaves who are not black, and where therefore the Muslim and Christian traditions of black Canaanites are unlikely to have been the cause. R. Amram Gaon (d. 875) explained why the non-black Cordyenians and Tadmorites (i.e. Palmyrenes) may not be accepted as converts, as stated in the Talmud. The Gaon considered them as descendants of the Canaanite nations, although the Talmud says nothing of the sort and only claims that they were descendants of mixed (Jewish-pagan) marriages. Although from a much later period, the 13th/14th-century Arabic al-Rauḍ al-miʿṭār claims that Palmyra contained “a rabble of Jews and runaway slaves.” In other words, the non-Jewish slave, termed ‘eved kna‘ani, may have eventually been considered to be descended from the Canaanites, irrespective of any genealogical relationship.Footnote 26 In any case, it is likely that the expression reinforced the belief in the Canaanite ancestry of dark-skinned slaves.
Halakhic Status of Former Slaves
In addition to a belief in Canaanite ancestry of black Africans, there may well have been another reason why marriage with Zanj and Kushites were prohibited by some. Parallel situations at other times and places in Jewish history will shed light on this issue. In a letter to Rabbi David ibn Abi Zimra of Cairo written about 1520, the meyuḥasin (i.e. those of attested Jewish pedigree), or “white Jews,” of Cochin explained that there were those in their community (the “black Jews”) whose ancestors were non-Jewish Indian slaves in Jewish households who had never been manumitted. Thus their status as Jews was questionable although they, and their descendants, continued to live as Jews in the Jewish community. For this reason the meyuḥasin do not intermarry with them.Footnote 27 As the Jewish communal records put it: “They [the black Jews] consist of a mix of those who are converts by reason of their manumission together with those who have not been manumitted, and therefore we do not allow our women to marry them, although their customs and laws are like ours.”Footnote 28 This situation existed in Cochin well into the 19th century.Footnote 29
The halakhic concerns of the Cochin meyuḥasin derived from rabbinic law concerning the status of non-Jewish slaves. When a slave was first acquired, a ritual immersion was performed and, in the case of men, circumcision too. This gave the slave a sort of semi-Jewish status. If the slave was later manumitted, a second immersion was performed whereby the former slave became a full-fledged Jew. At that point his religio-legal status was similar to that of a proselyte. During the period between the two immersions, marriage with the slave was forbidden to the Jew; once manumitted into the full status of Jew, marriage was permitted.Footnote 30 Asaf notes the many references in responsa literature indicating that slaves were manumitted by their Jewish owners for purposes of full conversion. Once converted, these former slaves then joined, and married within, the Jewish community as full-fledged members.Footnote 31 Manumission was not infrequently performed so that a master could marry his former slave.Footnote 32 When a slave was freed, a manumission document was required to be given the former slave as proof of his or her new status as a free Jew.Footnote 33 If a document was not in hand, questions about the Jewish status of the former slave would naturally arise. Evidence of manumission could not be based on the slave's own declaration.Footnote 34 Thus the concern in Cochin with those whose ancestors had been non-Jewish Indian slaves in Jewish homes. Without documentary proof, there was no indication that manumission had occurred and that they and their descendants were Jews. This was a problem that surfaced now and then in different Jewish communities at different times.Footnote 35
This explanation may also elucidate the situation in the Amsterdam (Spanish-Portuguese) Jewish community of the 17th century in regard to the black and mulatto Jews (negros e mulatos judeos). They were buried in a separate section of the Jewish cemetery and they were not called to the Torah in the synagogue service; their women could sit in the women's gallery in the synagogue only in the back rows. “For the most part, these blacks and mulattos were slaves and servants who had converted to Judaism and lived on the margins of the Jewish community.”Footnote 36
It is reasonable to assume that the same situation with the same concerns obtained among Babylonian Jewry during the geonic period. We know that although the Zanj were brought to Iraq to work the salt flats, some were slaves or servants in homes and businesses, including Jewish homes and businesses. We know this in the Jewish case from the formula used in a document for the sale of a slave, dating from the end of the geonic period (circa 1000 C.E.), which mentions the Zanj as a typical slave.Footnote 37 Probably the same halakhic concerns with Jewish status operated in geonic Babylonia as in Cochin and Amsterdam of later times.
Due to the role played by the Zanj in history, there must have been even more reason in Babylonia (Iraq) for apprehension regarding the halakhic status of the Blacks than was the case in Cochin or Amsterdam. The thousands of Zanj slaves who lived in extreme misery in work gangs are well known from Arabic sources because of a series of successive rebellions they waged, first in 689, then in 694–695, and the third and most important, which lasted for fifteen years between 868–883 and posed a serious threat to the Baghdad caliphate. These revolts, especially the last, were very bloody and destructive.Footnote 38 In 871, at the height of their power, the Zanj were said to have killed at least 300,000 people at Basra.Footnote 39 There was also an insurrection of Zanj in Mosul (northern Iraq) in 749, in which over 10,000 Zanj men, women, and children were massacred.Footnote 40 “The economic, political and social consequences of this long revolt,” according to Y. Talib, “profoundly affected the whole Islamic world” with one of the consequences being an aversion to Africa and Africans and a “widespread diffusion of the unfavorable image of the black in Islamic countries.”Footnote 41
We may assume that the Jews living in the Islamic world, particularly in the areas of the rebellion, would have similarly been affected. It surely cannot be a coincidence that the time and place of the Zanj rebellions coincide with those of Halakhot Pesukot and Halakhot Gedolot. The parallels are especially close between the last revolt and Halakhot Gedolot. The home of the author of this work was Basra, the city that was so devastated by the fighting, and the time of composition of the work was at the time of (or not long after) this last and most serious rebellion.Footnote 42 The Arabic sources report that after conquering a city the rebels would often free the local slaves.Footnote 43 Additionally, slaves in other towns and villages would desert their masters and join the Zanj rebels.Footnote 44 According to Wansbrough, the first efforts at recruiting for the revolt were among slaves belonging to various peoples in the area. Indeed, the sources mention enormous quantities of fugitive slaves at the end of the 8th and the beginning of the 10th centuries.Footnote 45 After the rebellion “the Muslim empire was flooded with slaves as a result of this upheaval.”Footnote 46 The Abbasid policy was to give amnesty to the former rebels, and proclamations were issued that all who fled their homes should return.Footnote 47 Many of the slaves who had fled their masters did return.Footnote 48
Others, who were far removed from their former homes or who wished not to return to their former masters, probably used the opportunity to free themselves from a life of bondage. The situation must have been chaotic, with large numbers trying to find a new life for themselves. Some slaves who came from Jewish homes, and had acquired a knowledge of Jewish life and customs, would have tried to return to that world, just as those from Muslim homes would have gravitated to the Muslim world. They would have presented themselves as having a familiarity with Jewish law and custom. The same problem arose periodically in the Cochin community. Asaf notes that there were times when a slave would flee from his master to another city, declare himself Jewish and try to assimilate into the Jewish community.Footnote 49 Just as in these cases, so too regarding the Zanj the question arose whether the former slaves had been manumitted and were therefore, according to Jewish law, considered Jews and permitted to marry within the community. Or had they not been manumitted, and were they therefore not considered Jews who could marry into the community? A document of manumission could easily have been lost, or claimed to have been lost, during the turmoil of the revolt.
The same problems arose in a much earlier period. According to Ephraim Urbach, the innovation by the Rabbis at the end of the second and the beginning of the third centuries to require a document of manumission is likewise explained by a similar social situation following the Bar Kokhba rebellion. The Rabbis’ main concern “was to safeguard meticulously the legal and religious status of members of their own community.” Their opposition to manumission of slaves was essentially directed at mock-manumission and the blurring of the boundary between the status of true slave and manumitted slave. Only the slave who had been manumitted by means of a document was reckoned as a full Jew, fit to marry a free Jewish woman.”Footnote 50 Similar concerns were voiced again in the amoraic period when fugitive slaves who did not have certificates of manumission, were assimilated into the Jewish community because of their familiarity with Jewish law and custom.Footnote 51 In this case too we can see the same factors operating as with the Zanj of Iraq: the ease with which a slave who had been in a Jewish home, because of his or her familiarity with Jewish law and custom, could assimilate into the Jewish community; and the concerns over such a possibility due to the possible non-Jewish status of the slave.
Such concerns expressed by some Jewish authorities in 8th- and 9th-century Iraq are evidenced in Halakhot Pesukot and Halakhot Gedolot. Although the authors of these works disagreed and ruled that the Zanj could “enter the community,” the rejected position would have argued that Zanj conversion was unacceptable, for according to Jewish law a slave must be manumitted to be converted to Judaism, and without proof of manumission conversion was impossible. Thus, the possibility of former slave status resulted in a consequent question of Jewishness.
As for Maimonides, although the Zanj slaves of Iraq did not inhabit his world, black slaves did. The association of black with slave is seen throughout the Islamic world across time and geography. From the beginnings of Islam in the seventh century up until the early twentieth century, the vast majority of Blacks in the Muslim Middle East were slaves, or had their origins in slavery. This was so to the extent that Blacks eventually came to be equated with slaves. “A black skin in almost all the Islamic societies, including parts of the Sudan, was and still is associated with slavery.”Footnote 52 The following few examples from the medieval period point to this identity. The historian Masʿūdī (d. 957) reported that the Abbasid Caliph al-Rāḍī (d. 940) would accept nothing from the hand of a black man [aswad] because he considered him an “ugly slave.”Footnote 53 The Muslim philosopher Ibn Sīnā (“Avicenna,” d. 1037) speaks of “people not very capable of acquiring virtue. For these are slaves by nature as, for example, the Turks and the Zinjis [i.e., black Africans].”Footnote 54 The historian Ibn Khaldun (1332–1406) goes further and limits the idea of a natural slave to the Black alone:
The only people who accept slavery are the Negroes (Sudan), owing to their low degree of humanity and their proximity to the animal stage. Other persons who accept the status of slave do so as a means of attaining high rank or power, as is the case with the Mameluke [mamluk] Turks in the East and with those Franks and Galicians who enter the service of the state [in Spain].Footnote 55
The identification of black with slave is evident in Islamic literature and art, where “the Black” is usually portrayed as slave, servant, or attendant.Footnote 56 As literature and art, so too language follows and reflects social structures, and the gradual blackening of the slave class in the Islamic world is reflected in the vocabulary. In time the Arabic word for slave, ʿabd (Hebrew ‘eved) came to mean only a black slave and, in many dialects by the 11–13th centuries it was used to designate any Black, slave or not, a meaning it retains today in colloquial Arabic.Footnote 57 There are other similar linguistic examples associating black with slave: in North Africa khādim, lit. ‘servant’, has come to mean “negress”;Footnote 58 in the Kumzari dialect of the Shihuh tribe of Arabia, zangair (i.e. Zanj) means slave;Footnote 59 in his work, The Arabs and the Sudan, Y. F. Ḥasan writes that “the term al-Nūba [the Nubians] became almost synonymous with ‘black slaves’.”Footnote 60
We can see the connection between Blacks and slaves in Maimonides' own writing:
The Sages commanded that one should employ the poor and the orphaned rather than use slaves in one's home. It is better to employ the former and thus benefit the descendants of Abraham, Isaac and Jacob, rather than benefit the descendants of Ham (zeraʿ ḥam).Footnote 61
Descendants of Ham, i.e., Blacks, are here equated with slave. As with the case in geonic Iraq and elsewhere, it is likely that there were some in the Jewish community of Egypt not willing to accept Blacks as marriageable because of an assumption that the Black was a slave or descendant of a slave who had not been manumitted, a position implicitly refuted by Maimonides.
Racial Prejudice
Segal notes that although the distinction between the white Jews and black Jews in Cochin was concerned with Jewish status, the attitudes may have been reinforced by the color divide common in general Indian society.Footnote 62 Similarly, in Amsterdam, racist sentiment, by now well-ensconced in Western Europe, undoubtedly played a role in the Blacks' exclusion from the community. Presumably a similar mix of Jewish law and racial prejudice operated as well in 18th-century Surinam, where the descendants of Jewish planters and Black slaves were not fully accepted within the Jewish community.Footnote 63
We may presume that in Jewish Iraq during the period of the Geonim anti-Black sentiment similarly existed, for such sentiments were common in the surrounding Muslim society of the time.Footnote 64
One consequence of these attitudes in the Muslim world was the rejection of marriage with Blacks. Bernard Lewis records several traditions reflecting this view, including those attributed to the prophet of Islam, such as “Beware of marrying the Zanjī” and “Do not bring black into your pedigree.” While these ḥadiths are spuriously attributed to Muḥammad, they do reflect the attitudes of the time they were written, as does Masʿūdī's (10th century) stricture “Do not intermarry with the sons of Ham.”Footnote 65 Particularly relevant, because of the time and place of its author, is Jāḥiẓ of Basra's (d. 868/9) argument against the prevailing custom of not marrying Black women.Footnote 66 No doubt, racist sentiment existed among the Jews just as among the Muslims. It is true that there are a number of references, some certain and some speculative, to the acceptance of black African converts to Judaism (not necessarily from slave manumissions) before, during, and after this period.Footnote 67 These instances do not, however, allow us to assume that anti-Black sentiment did not exist, just as the many cases of black African conversion to Islam do not belie the anti-Black attitudes found in the Muslim world.Footnote 68
The anti-Black sentiment as exhibited in the surrounding Muslim society is reflected elsewhere in Maimonides’ works. In his Guide for the Perplexed 3:51, Maimonides writes that those who live at the extreme ends of the world, the Turks in the north and the Blacks (al-sūdān) in the south, are “irrational beings, not human beings, below humanity but above the ape.” As Steven Harvey has shown, Maimonides' source for his statement was the Arab philosopher Miskawayh (d. 1030), who wrote of those “who dwell in the farthest parts of the inhabited world both to the north and to the south such as the remotest Turks in the county of Gog and Magog and the remotest Negroes [zanj] and similar nations which are distinguished from apes to a slight degree only.”Footnote 69
To return then to the question posed at the beginning of this article, the rejected prohibition of marriage with the black African Zanj, as reflected in Halakhot Gedolot and Halakhot Pesukot and the similar rejected prohibition of marriage with Kushites in Mishneh Torah, may be the result of both the belief that black Africans descended from the Canaanites, and the suspicion that the Black may be, or may be descended from, an unemancipated slave. In addition, anti-Black sentiment as exhibited in the surrounding Muslim society (and reflected elsewhere in Maimonides' works) no doubt acted as a leavening agent. These three factors worked together and strengthened each other.