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The Yasa decrees were thought to be comprehensive and specific, but no Mongolian scroll or codex has been found. There are records of excerpts among many chronicles including those of [[al-Maqrizi]], [[Vardan Areveltsi]], and [[Ibn Battuta]]. The first of these may have relied on the work of [[Ata-Malik Juvayni]], an [[Ilkhanate]] official.<ref>{{Cite journal |last=Ayalon |first=David |date=1971 |title=The Great Yāsa of Chingiz Khān. A Reexamination (Part A) |url=https://www.jstor.org/stable/1595029 |journal=Studia Islamica |issue=33 |pages=97–140 |doi=10.2307/1595029 |issn=0585-5292}}</ref> Moreover, copies may have been discovered in Korea as well. {{Citation needed|date=March 2024}} |
The Yasa decrees were thought to be comprehensive and specific, but no Mongolian scroll or codex has been found. There are records of excerpts among many chronicles including those of [[al-Maqrizi]], [[Vardan Areveltsi]], and [[Ibn Battuta]]. The first of these may have relied on the work of [[Ata-Malik Juvayni]], an [[Ilkhanate]] official.<ref>{{Cite journal |last=Ayalon |first=David |date=1971 |title=The Great Yāsa of Chingiz Khān. A Reexamination (Part A) |url=https://www.jstor.org/stable/1595029 |journal=Studia Islamica |issue=33 |pages=97–140 |doi=10.2307/1595029 |issn=0585-5292}}</ref> Moreover, copies may have been discovered in Korea as well. {{Citation needed|date=March 2024}} |
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Juvyani, in the [[Tarikh-i Jahangushay|''Tarikh-i Jahangushay'']], writes of the role of the ''yasas'' during a [[kurultai]] (a military council):<blockquote>These rolls are called the ''Great book of the Yasas'' and are kept in the treasury of the chief princes. Whenever a khan ascends the throne, or a great army is |
Juvyani, in the [[Tarikh-i Jahangushay|''Tarikh-i Jahangushay'']], writes of the role of the ''yasas'' during a [[kurultai]] (a military council):<blockquote>These rolls are called the ''Great book of the Yasas'' and are kept in the treasury of the chief princes. Whenever a khan ascends the throne, or a great army is mobilized, or the princes assemble and begin [to consult together] concerning affairs of state and the administration thereof, they produce these rolls and model their actions thereon;<ref>{{Cite book |last=Juvayni |first=ʿAla al-Din ʿAta-Malik |author-link=Ata-Malik Juvayni |title=Tārīkh-i Jahāngushāy |publisher=[[Manchester University Press]] |year=1958 |volume=1 |location=Manchester |pages=25 |translator-last=Boyle |translator-first=J.A. |trans-title=The history of the world-conqueror |orig-date=13th century |translator-link=John Andrew Boyle}}</ref></blockquote>According to some scholars, the Yassa was proclaimed by Genghis Khan at [[Genghis Khan#Kurultai of 1206 and reforms|the kurultai of 1206]],<ref name=":0">{{Citation |last=Morgan |first=David |title=The “Great Yasa of Chinggis Khan” Revisited |date=2005-01-01 |work=Mongols, Turks, and Others |pages=291–308 |url=https://brill.com/display/book/edcoll/9789047406334/B9789047406334_s015.xml |access-date=2024-03-12 |publisher=Brill |language=en |isbn=978-90-474-0633-4}}</ref> when he officially assumed the title of Genghis Khan. The Yassa may have later been written down in the [[Uyghur script]], preserved in secret archives and known only to and read only by the royal family.{{Citation needed|date=March 2024}} In the ''Secret History'', Genghis Khan tells his adopted son Shigi Qutuqu to create a register of jurisprudence, which implies the existence of such a document: |
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<blockquote>"Furthermore, writing in a blue-script register all decisions about the distribution and about the judicial matters of the entire population, make it into a book. Until the offspring of my offspring, let no one alter any of the blue writing that Šigi Qutuqu, after deciding in accordance with me, shall make into a book with white paper. Anyone who alters it shall be guilty and liable to punishment."<ref>{{Cite book|title = The Secret History of the Mongols: A Mongolian Epic Chronicle of the Thirteenth Century| last = de Rachewiltz| first = Igor| publisher = | year = 2015| isbn = |url=http://cedar.wwu.edu/cedarbooks/4/| pages = 128}}</ref></blockquote>The absence of any physical document is historically problematic.<ref name=":0" /> Historians are left with secondary sources, conjecture and speculation, which describe much of the content of the overview. Historical certainty about the Yassa is weak compared to the much older [[Code of Hammurabi]] (18th century BCE) or the [[Edicts of Ashoka]] (3rd century BCE). The latter was carved for all to see on stone plinths, 12 to 15 m high, which were located throughout Ashoka's empire (now India, Nepal, Pakistan and Afghanistan). |
<blockquote>"Furthermore, writing in a blue-script register all decisions about the distribution and about the judicial matters of the entire population, make it into a book. Until the offspring of my offspring, let no one alter any of the blue writing that Šigi Qutuqu, after deciding in accordance with me, shall make into a book with white paper. Anyone who alters it shall be guilty and liable to punishment."<ref>{{Cite book|title = The Secret History of the Mongols: A Mongolian Epic Chronicle of the Thirteenth Century| last = de Rachewiltz| first = Igor| publisher = | year = 2015| isbn = |url=http://cedar.wwu.edu/cedarbooks/4/| pages = 128}}</ref></blockquote>The absence of any physical document is historically problematic.<ref name=":0" /> Historians are left with secondary sources, conjecture and speculation, which describe much of the content of the overview. Historical certainty about the Yassa is weak compared to the much older [[Code of Hammurabi]] (18th century BCE) or the [[Edicts of Ashoka]] (3rd century BCE). The latter was carved for all to see on stone plinths, 12 to 15 m high, which were located throughout Ashoka's empire (now India, Nepal, Pakistan and Afghanistan). |
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Revision as of 08:27, 15 March 2024
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The Yassa (alternatively Yasa, Yasaq, Jazag or Zasag; Template:Lang-mn) was the oral law code of the Mongols, gradually built up through the reign of Genghis Khan. It was the de facto law of the Mongol Empire, even though the "law" was kept secret and never made public. The Yassa seems to have its origin in wartime decrees, which were later codified and expanded to include cultural and lifestyle conventions. By keeping the Yassa secret, the decrees could be modified and used selectively. It is believed that the Yassa was supervised by Genghis Khan himself and his adopted son Shigi Qutuqu, then the high judge (in Template:Lang-mn) of the Mongol Empire.[1] Genghis Khan appointed his second son, Chagatai (later Chagatai Khan), to oversee the laws' execution.
Etymology
The word yasa (or Yassa) exists in both Mongolic and Turkic languages. It is believed that the word derives from the Proto-Mongolian verb *jasa- (Modern Template:Lang-mn), which means "to set in order".[2] The Turkic verb yasa-, which means "to govern; to create", was probably borrowed from Mongolian.
Čerig žasa- (Template:Lang-xng) - roughly equivalent to modern Template:Lang-mn - is a phrase commonly found in the Secret History that means "to set the soldiers in order" in the sense of rallying the soldiers before a battle.
In modern Mongolian, the verb zasaglakh (Template:Lang-mn) means "to govern".
Historical and current use
Jasagh during the Qing dynasty referred to native provincial governors in Mongolia. The local office (the Lifan Yuan) served as their court of the first instance, and included secretaries and other officials.
The supreme executive body of the present-day Mongolian government is called the Zasgiin gazar (Template:Lang-mn), which means "the place of Zasag", i.e. "the place of order".
History
Date and textual history
The Yasa decrees were thought to be comprehensive and specific, but no Mongolian scroll or codex has been found. There are records of excerpts among many chronicles including those of al-Maqrizi, Vardan Areveltsi, and Ibn Battuta. The first of these may have relied on the work of Ata-Malik Juvayni, an Ilkhanate official.[3] Moreover, copies may have been discovered in Korea as well. [citation needed]
Juvyani, in the Tarikh-i Jahangushay, writes of the role of the yasas during a kurultai (a military council):
These rolls are called the Great book of the Yasas and are kept in the treasury of the chief princes. Whenever a khan ascends the throne, or a great army is mobilized, or the princes assemble and begin [to consult together] concerning affairs of state and the administration thereof, they produce these rolls and model their actions thereon;[4]
According to some scholars, the Yassa was proclaimed by Genghis Khan at the kurultai of 1206,[5] when he officially assumed the title of Genghis Khan. The Yassa may have later been written down in the Uyghur script, preserved in secret archives and known only to and read only by the royal family.[citation needed] In the Secret History, Genghis Khan tells his adopted son Shigi Qutuqu to create a register of jurisprudence, which implies the existence of such a document:
"Furthermore, writing in a blue-script register all decisions about the distribution and about the judicial matters of the entire population, make it into a book. Until the offspring of my offspring, let no one alter any of the blue writing that Šigi Qutuqu, after deciding in accordance with me, shall make into a book with white paper. Anyone who alters it shall be guilty and liable to punishment."[6]
The absence of any physical document is historically problematic.[5] Historians are left with secondary sources, conjecture and speculation, which describe much of the content of the overview. Historical certainty about the Yassa is weak compared to the much older Code of Hammurabi (18th century BCE) or the Edicts of Ashoka (3rd century BCE). The latter was carved for all to see on stone plinths, 12 to 15 m high, which were located throughout Ashoka's empire (now India, Nepal, Pakistan and Afghanistan).
Among the succesors of Genghis Khan
Ögedei Khan, the third son of Genghis Khan and the second Great Khan, proclaimed the Great Yassa as an integral body of precedents at his corronation at the kurultai of 1229.[5] He confirmed the continuing validity of his father's commands and ordinances, and added his own. Ögedei codified rules of dress, as well as the conduct of the kurultais. His two immediate successors followed the tradition of proclaiming the Yassa at their corronation.
The Mongols who lived in various parts of the empire began to add laws that were needed in their areas.
Present-day influence
In the modern Turkish language (as used presently in Turkey), the word for "law" is yasa, and the adjective "legal" is yasal. The word for a constitution, including the Constitution of Turkey, is Anayasa ("mother-law").
Overview of contents
The exoteric aspect of Yassa outlined laws for various members of the Mongol community such as soldiers, officers and doctors. The Yassa aimed at three things: obedience to Genghis Khan, a binding together of the nomad clans and the merciless punishment of wrongdoing. It concerned itself with people, not property. Unless a man confessed, he was not judged guilty.[7] The purpose of many decrees was probably to eliminate social and economic disputes among the Mongols and future allied peoples. Among the rules were the ban on cattle raiding, the requirement to share food with travelers, the selling of women from other families, and a ban on defection by soldiers. It represented a day-to-day set of rules for people under Mongol control that was strictly enforced. [citation needed]
The Yassa also addressed and reflected Mongol cultural and lifestyle norms. Death via decapitation was the most common punishment unless the offender was of noble blood, when the offender would be killed by way of back-breaking, without shedding blood. Even minor offences were punishable by death. For example, a soldier would be put to death if he did not pick up something that fell from the person in front of him. Those favored by the Khan were often given preferential treatment within the system of law and were allowed several chances before they were punished.
As Genghis Khan had set up an institution that ensured complete religious freedom, people under his rule were free to worship as they pleased if the laws of the Yassa were observed.
See also
References
Citations
- ^ The Secret History of the Mongols
- ^ Nugteren, Hans (2011). Mongolic phonology and the Qinghai-Gansu languages (dissertation). Utrecht: LOT. p. 383. ISBN 9789460930706.
- ^ Ayalon, David (1971). "The Great Yāsa of Chingiz Khān. A Reexamination (Part A)". Studia Islamica (33): 97–140. doi:10.2307/1595029. ISSN 0585-5292.
- ^ Juvayni, ʿAla al-Din ʿAta-Malik (1958) [13th century]. Tārīkh-i Jahāngushāy [The history of the world-conqueror]. Vol. 1. Translated by Boyle, J.A. Manchester: Manchester University Press. p. 25.
- ^ a b c Morgan, David (2005-01-01), "The "Great Yasa of Chinggis Khan" Revisited", Mongols, Turks, and Others, Brill, pp. 291–308, ISBN 978-90-474-0633-4, retrieved 2024-03-12
- ^ de Rachewiltz, Igor (2015). The Secret History of the Mongols: A Mongolian Epic Chronicle of the Thirteenth Century. p. 128.
- ^ Lamb, Harold. "Genghis Khan – Emperor of All Men". International Collections Library, Garden City, New York, 1927. Archived from the original on 28 December 2011. Retrieved 21 April 2014.
Bibliography
Ancient sources
- Blake, Robert P.; Frye, Richard N. (1949). "History of the Nation of the Archers (The Mongols) by Grigor of Akancʻ; Hitherto Ascribed to Matakʻia The Monk: The Armenian Text Edited with an English Translation and Notes". Harvard Journal of Asiatic Studies. 12 (3–4): 269–443.
- Bar Hebraeus (Abul-Faraj) [13th century AD]. Makhtbhanuth Zabhne (Chronicon) (vol. 2: Chronicon Ecclesiasticum) - The current edition of the Chronicon Ecclesiasticum is by Jean Baptiste Abbeloos and Thomas Joseph Lamy, Syriac text, Latin translation.
- Gibb, H.A.R., ed. (1958), The Travels of Ibn Baṭṭūṭa, A.D. 1325–1354 (Volume 1), London: Hakluyt Society.
- Gibb, H.A.R., ed. (1962), The Travels of Ibn Baṭṭūṭa, A.D. 1325–1354 (Volume 2), London: Hakluyt Society.
- Gibb, H.A.R., ed. (1971), The Travels of Ibn Baṭṭūṭa, A.D. 1325–1354 (Volume 3), London: Hakluyt Society.
- Gibb, H.A.R.; Beckingham, C.F., eds. (1994), The Travels of Ibn Baṭṭūṭa, A.D. 1325–1354 (Volume 4), London: Hakluyt Society, ISBN 978-0-904180-37-4. This volume was translated by Beckingham after Gibb's death in 1971. A separate index was published in 2000.
- Vardan Areveltsi [13th century AD]. Havakumn Patmutyun (Historical Compilation). Currently preserved at the Matenadaran in Yerevan, Armenia.
- Rashīd al-Dīn Ṭabīb [c. 1306-1311 AD]. Jami' al-tawarikh (Compendium of Chronicles).
- Ata-Malik Juvayni [13th century AD]. Tarikh-i Jahangushay (History of the World Conqueror).
- Mirkhvand [c.1497 AD]. Rawżat aṣ-ṣafāʾ (The Gardens of purity in the biography of the prophets and kings and caliphs). Eng. trans. begun as History of the Early Kings of Persia, 1832.
- al-Maqrizi [c. 1442 AD]. Kitāb al-Sulūk li-Ma'rifat Duwal al-Mulūk (The History of the Ayyubit and Mameluke Rulers). Translated (into French) by E. Quatremére (2 vols. Paris, 1837–1845)
Modern sources
- Ayalon, David (1971). "The Great Yāsa of Chingiz Khān. A Reexamination (Part A)". Studia Islamica (33): 97–140. doi:10.2307/1595029. ISSN 0585-5292.
- Lamb, Harold (1927). Genghis Khan: The Emperor of All Men. Garden City Publishing.
- Morgan, David O. (2005). "The "Great Yasa of Chinggis Khan" Revisited". Mongols, Turks, and Others. Brill. pp. 291–308. ISBN 978-90-474-0633-4. Retrieved 2024-03-12.
- Vernadsky, George (1938). "The Scope and Content of Chingis Khan's Yasa". Harvard Journal of Asiatic Studies. 3: 337–360.
- Vernadsky, George (1953). The Mongols and Russia. Yale University Press. p. 102.
External links
- The Yasa of Chingis Khan. A code of honour, dignity, and excellence
- Yasa: The law of the People
- "yasa" at "Turkish Etymological Dictionary online" (in Turkish). Sevan Nişanyan. 2006. Retrieved 2024-02-25.