The Edict of Tolerance
and the Jews
January marks the 220th anniversary of the extension of the Edict of Tolerance. The Edict at once marks a significant turning point for religious freedom in Europe -- and, at the same time, legislated the continuing subjugation of the Jews. The Edict of Tolerance was first issued by Joseph II in October 1781, and extended three months later in January 1782. It granted political and religious rights to religious minorities -- excluding the Jews.
In October 1981, Austria commemorated the edict with a stamp (#1192) depicting Emperor Joseph II.
While Empress Maria Theresa lived, she felt that as a devout Christian ruler she had to save her subjects' souls and therefore those unwilling to adopt Catholicism were denied certain basic religious and political rights. Joseph II, on the other hand, was more pragmatic and realized that some would never yield their religious beliefs and he was determined to gain their loyalty, service, and wealth for the state. He was prepared to grant religious minorities religious toleration -- providing they were a large enough group.
When Empress Maria Theresa died in November 1780, Joseph II became sole regent of the Austrian Empire. On May 13, 1781, the Staatsrat (the Emperor's Advisory Council) received an order from Joseph 11 to consider a series of changes in the regulations related to Jews. These proposed changes were rather extensive but still short of full equality.
The proposed changes reasoned that in order to become more useful to the state, Jews needed to be integrated linguistically. Use of Hebrew, therefore, was to be limited to ritualistic purposes. Secular transactions would have to be in the language of the region. To learn these languages Jews were encouraged to attend Christian schools, including universities. Jews were to be encouraged to learn new trades and occupations including agriculture (but not be farm owners). And all humiliating laws affecting Jews were to be abolished -- e.g. the Liebmaut, a tax applicable only to Jews and livestock.
The economic reforms ran into conflict from existing guilds, and allowing Jewish children into Christian schools ran into conflict from the Catholic hierarchy. When the reforms were submitted to the Gubernia (local nobility advisory councils) some public debate of the reforms and the position of the Jews occurred -- e.g. pamphlets defended the contribution of Jews to the Austrian Empire while others attacked the Jews raising all of the ancient arguments including the blood libel.
The Hofkanzlei (Court Chancellery) responded to the Emperor's plan negatively. They argued that equality should be granted only if Jews abandoned their hatred of other religions and their unethical conduct in business affairs. They also argued that the Jews already knew German but preferred to use Hebrew to keep outsiders from learning about their dealings; they recommended a law prohibiting the use of Hebrew in their business ledgers. They opposed their admission to Catholic schools because they feared the Jews would use that opportunity to spread lies about Christianity. They opposed Jews learning new trades because it meant that Catholic master craftsmen would have to use Jewish apprentices.
The Hofkanzlei report and a minority report favoring the reforms were submitted to the Staatsrat for debate in September. The lengthy debates that took place made it impossible to include the treatment of the Jews in the Edict of Toleration. The latter was issued on October 11, 1781 and made no mention of the Jews.
On October 1, 1781, Emperor Joseph II published an imperial resolution making his intentions known to the general public. These reforms were less extensive than the ones proposed in May. The Bohemian Gubernia objected immediately, suggesting that only wealthy Jews be tolerated while the remainder should be deported to a remote region of the empire. The Staatsrat's opposition was more moderate and focused mostly on the Liebmaut. Opposition to the repeal of that tax waned, however, when it was noted that the Liebmaut Pachter who had bought the right to collect that tax were in fact tolerated Jews in Vienna.
After several revised drafts, an edict similar to the one proposed on October I was finally issued on January 2, 1782. Its clauses increased Jewish rights, but clearly fell short of full equality and freedom, which did not come about until 1860-61. The 1782 edict contained the following stipulations, according to Prof. Paul Bernard:
1) There was to be no change in the status of the Jews of Vienna. No synagogues were to be allowed, and no religious books could be printed (these had to come from Bohemia as before).
2) The number of tolerated Jews was not to be increased. Nor were Jews to be admitted to provinces from which they had been excluded.
3) Foreign Jews had to obtain special permission from the Emperor to stay in Vienna.
4) All Jews were to submit detailed financial statements which were to be used to determine their toleration tax.
5) Tolerated Jews could maintain households consisting on-ly of their wives and minor children.
6) Upon marriage, all children of tolerated Jews would automatically forfeit their tolerated status.
7) Jews were allowed to settle in Lower Austria outside of Vienna only if they established a factory approved by the authorities.
8) The Jews were encouraged to establish schools whenever it was feasible.
9) As there was no law forbidding it, Jews were encouraged to attend the universities.
10) Jews were allowed to apprentice themselves to Christian masters, but no pressure was to be put upon the masters to accept Jewish apprentices.
11) The Jews were given permission to work in all trades and in the arts, but they were not allowed to become master craftsmen or to become citizens.
12) They were encouraged to engage in big business.
13) They were encouraged to found factories.
14) Jewish moneylenders were permitted make loans against the pledge of real estate as security, but they were not allowed to seize it in case of the default of the loan.
15) After two years no document written in Hebrew or with Hebrew letters was to have any legal validity.
16) Jews were allowed to keep both Christian and Jewish servants, but the latter had to be Jews already living in the country.
17) Jewish servants were to be either unmarried or married to servants in the employ of tolerated Jews.
18) Jews were no longer restricted to renting rooms in houses specifically reserved for them, and they were permitted to rent anywhere in the city or suburbs.
19) The Liebmaut was to be abolsihed, but the emperor reserved the right to collect an appropriate sum from the Jews to compensate the Pachter.
20) Transient Jews were not to enter into competition with established tolerated Jews.
21) They could, however, deal in whatever goods they wished at recognized annual fairs.
22) The practice of collecting double judicial taxes from Jews was abolished.
23) Sumptuary laws were abolished; Jewish adult males no longer had to wear beards, and Jews were no longer forbidden from appearing in places of public entertainment. Jewish big businessmen had the privilege of wearing swords in public.
24) As these reforms would give the Jews a position of near-equality, they were to show appreciation for them. They were to abstain from offering any offense to the established religion, or they would be expelled instantly.
These reforms were far from freedom and equality. Nevertheless they were an important step in the process. Leaders in the Jewish community looked upon them with mixed emotions. Some rabbis opposed them, fearing the reforms would weaken their control over the community and would lead to assimilation.
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