[SLAVERY / THE OTTOMAN EMPIRE] A legal manuscript in Ottoman Turkish on a slavery case

Original manuscript in black ink on paper. 36,5 x 24 cm. In Ottoman script (Old Turkish with Arabic letters). 1 p., 12 lines in calligraphic thuluth style. Dated fî 11 Rebiü’levvel sene [AH] [1]321. Blind stamped in Ottoman Turkish on the lower left. Folding lines, slight tears on extremities. Otherwise, a fine manuscript.

[OTTOMAN JUDGE, “Ed-dâî maa’ldem Sadî].

Manuscript, Edirne [Adrianople], fî 11 Rebiü’levvel sene [AH] [1]321 = [7 June 1903].

Highly uncommon and exceedingly rare legal manuscript documenting the slavery continued during the last period of the Ottoman Empire at the beginning of the 20th century, recording the dispute between the defendant and the plaintiff in Edirne on June 7, 1903.

The document, recorded and certified by the Ottoman judge of the time, contains the records of a lawsuit between the plaintiff, Ahmed Efendi Ibn Salih, and the defendant, Süleyman Ağa Ibn Fülan, in the Fülan neighbourhood of the city of Edirne. The document includes the petition and ruling regarding the case, in which the plaintiff demands that Süleyman Ağa pay 500 kuruş for a mule purchased by his "Abd-i Mecrûh" (a slave without the right to engage in trade). The judge of Edirne at the time ruled in favor of the defendant, Süleyman Ağa, on the grounds that a slave classified as "Abd-i Mecrûh" was not legally permitted to engage in trade, and therefore, the owner could not be held responsible for the transaction. The ruling stated: " taleb şer’an iltifâta şayan olmayın şer’i muarızdan menine ilâm” [i.e., The request is not legally admissible, and the claim is dismissed according to Sharia law.].

By the early 20th century, slavery in the Ottoman Empire was in significant decline due to legal reforms and international pressure. The empire had a long history of slavery, particularly involving African and Circassian slaves, but efforts to abolish it gained momentum in the 19th century. Empire formally abolished the slave trade in the mid-19th century under British pressure, issuing decrees in 1847 (banning the trade of Circassian women) and 1857 (outlawing the African slave trade). However, enforcement was inconsistent. The final legal abolition of slavery came in 1909 under the Young Turk government with the 1909 Decree, formally ending the practice. 

Despite legal bans, domestic slavery, especially of women in harems and household service, persisted informally into the early 20th century, particularly in remote areas. With the collapse of the Ottoman Empire after World War I and the founding of the Republic of Turkey in 1923, slavery was completely eradicated under the new legal system.

In the Ottoman Empire, hüccet (ḥujjat) was a legally binding document issued by a kadi (Islamic judge) to certify and record various legal matters, such as contracts, property transactions, debts, inheritance claims, and disputes. Serving as official proof of a legal act or decision, hüccets were widely used as evidence in court to confirm rights and obligations. These documents followed a formal structure, detailing the parties involved, the legal matter at hand, the judge’s ruling, and, in some cases, witness testimonies. They played a crucial role in the Ottoman legal system by ensuring the documentation and enforcement of civil and commercial laws, making them essential records of legal and social history.