Takkanot (Regulations)
The Synod of the Jewish Communities in Germany
1603
The heads of the Communities have gathered here at Frankfort at the order of our masters, the Sages of Germany, to sit in council and look into the needs of the community and to make such ordinances and decrees as appear to be needed by the time and the place, so that the Holy People may not be a sheep without a shepherd;
Section 1
Regarding Law and Judgement
It is a common offense among the people of our generation to refuse to obey Jewish law and even to compel opposing litigants to present themselves before secular courts. The result is that the Holy Name is profaned and that the Government and the judges are provoked at us. We have therefore decided that anyone who sues his neighbor in secular courts shall be compelled to free him from all the charges made against him, even though the Courts decided in favor of the plaintiff. A person guilty of taking a case to Gentile courts shall be separated from the community of Israel, shall not be called to the Torah, and shall not be permitted to marry until he repents and frees his fellow from the power of the Gentile courts. If the defendant was compelled to undertake expenditures in order to bring the infraction of this ordinance before the Jewish courts, the offender shall be compelled to bear the expense.
It is well-known that many persons have by the power of their wealth sought to break down the organization of Jewish life in Germany, and have all but destroyed it completely. It is hoped that at some future time they will be brought to justice. However, anyone who will henceforth act in violation of the above ordinance shall be considered an informer and be ostracized as described above. We have ordained and established a special prayer concerning this rule to be publicly recited in every Jewish community every Sabbath throughout Germany.
If the transgressor of this ordinance be a scholar, he is guilty of profanation of the name, and shall therefore lose his right to be called Rabbi; anyone who gives him the title shall be punished. If he be a leader or head of a community or an acting Rabbi or Teacher, he shall be removed from office.
Since we know that we have in our communities wicked men of much influence who cannot be dealt with by the local courts, we have established five central courts in the following cities: Frankfort, Worms, Fulda, Friedburg, and Ginzburg. If any local court finds itself powerless to deal with any person, it shall refer the matter to the district court. The judge of this court shall do all in his power to bring the offending person to terms.
Credits
Published in: The Posen Library of Jewish Culture and Civilization, vol. 5.
