о.Арониус (o_aronius) wrote,

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Current reading: еврейские дела в пореформенном суде

1. Закон и любовь

В продолжение предыдущего постинга.
Похожие дела "об отпадании из православия" в иудаизм рассматривались в пореформенных судах достаточно часто, и обычно развивались по одной схеме. Перед судом представал бывший кантонист, решивший после демобилизации вернуться к вере предков. Защита демонстрировала, что обращение носило насильственный характер, и/или сам обвиняемый был в это время младше "возраста согласия". После этого присяжные выносили оправдательный вердикт, даже когда в адрес "отпавшего" выдвигались и другие обвинения, непосредственно не связанные с религией: в подделке документов, двоеженстве и т.д.

Однако степени интересной книжке Confessions of the Shtetl: Converts from Judaism in Imperial Russia, 1817-1906 , которую аз, многогрешный, сейчас дочитываю, был обнаружен процесс, решительно не вписывающийся в эту схему - и, тем не менее, закончившийся хорошо для всех:

In 1883 Russkii evrei and Nedel’naia khronika voskhoda publicized the trial of the Jew Freiman, who was accused of seducing Anna Kazakova to Judaism. Eighteen years earlier Freiman had met the then fifteen-year-old street singer Kazakova, a Christian by birth, and they started an “intimate relationship.” Kazakova subsequently gave birth to several children, who were baptized in the Orthodox Church. She and her children later adopted Judaism (the male children were circumcised) and she married Freiman. A neighbor who knew Kazakova and her children were native Christians informed the authorities, at which time Kazakova was taken by clerics for spiritual admonition and Freiman was tried for seduction. The trial attracted a large audience. Freiman argued that he did not know of Anna’s Christian origins. From contradictory witness depositions, it appears that Anna’s religious affiliation was nebulous. What was clear at the trial and what made a deep impression on the jury, according to Odesskii listok (Odessa Leaflet), was Freiman’s great love for his wife and children, which he showed with great affection and tears while on the witness stand. According to the papers, the jury reached a verdict immediately, finding Freiman innocent.

2. Дело об оскорблении религиозных чувств

Все из того же замечательног сборника документов, о котором мы говорили в предыдущем постинге. К сожалению, опять в английском переводе, оригинала в сети нет:

On 5 March [1870], by the Order of His Imperial Majesty, the Vil’na Chamber of the
Criminal and Civil Court heard the criminal case of the Jew Girsh Sagalevich convicted
of denigrating the Russian Orthodox faith.

Circumstances of the Case

On 24 February 1869 the feldsher [paramedic] Shevel Shinder lodged a denunciation with the priest Flerov that, during an argument with the Jew Girsh Sagalevich, the latter said that the Russian Orthodox faith was dog shit [говно собачье]. Iurkevich, Rybinskii, and Ivanitskii were witnesses. The Jew Sagalevich testified that in February 1869, the feldsher Shinder came to him at the tavern to argue with his mother and himself about money, and in connection [with this] Shinder said to him that his uncle [Sagalevich’s] had converted to Russian Orthodoxy, but this was said in the form of a reproach. To this, Sagalevich replied that his uncle had indeed embraced the Orthodox faith and observes it strictly, whereas he, Shinder, does not profess any kind of faith and is just like as a dog. These words were about Shinder, not the Russian Orthodox faith.

Of the witnesses interrogated under oath, the [following] testified:
(1) Rybinskii: that when Sagalevich argued with Shinder, the former said that Orthodoxy was like a dog’s faith. For what purpose he uttered this offensive comparison, he does not know; (2) Iurkevich: that Shinder had an argument with the tavern keeper Sagalevich. When the former said to Sagalevich in the form of a reproach that his uncle had converted to Russian Orthodoxy, the latter replied to this that his uncle had indeed embraced Orthodox faith and adheres strictly to it, and that he, Shinder, does not adhere to any faith, and his faith is dog shit. Hence, this foul language related strictly to Shinder’s person, not to the Russian Orthodox faith;
(3) Ivanitskii: that he was not present at the beginning of the argument, although he heard Sagalevich tell Shinder that his faith was dog shit but did not make out to whom these words were strictly directed and cannot say definitively. During a comprehensive search, [people] approved of his behavior and also testified that they never noticed a lack of respect toward the Russian Orthodox faith.

Having examined the circumstances of the case, the chamber finds that the accusation against the Jew Sagalevich for denigrating the Russian Orthodox faith was refuted by two sworn witnesses. Thus, the court decrees to free from prosecution the Jew Girsh Sagalevich, who has been accused of denigrating the Russian Orthodox religion. This decision will be explained to him, and he has the right to appeal through the Vil’na District court.

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