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Introduction of the Berat in Ottoman Diplomatics, BulgarianHistorical Review , (3- 4): 141- 150, 2001.

An Introduction to the Berat in Ottoman Diplomatics1

In Ottoman diplomatics berat is a kind of document issued by the sultan in order to grant a privilege (or to make an appointment of a dignitary), or to confer the right to possession of a property belonging to the state, it can be both an official approval of an act and an order for third parties to comply with an act. 2 As well as being a simple grant, it may also be a notification of regulations concerning the requirements of service consequent of that grant.3 In the early history writings, we see the term " berat " for the first time in Ashkpashazade. The document informs us that sultan Murad granted timar by his own berat, and in Bayezid's time too, berat s for timar appointments were granted in the name of Bayezid.4 In Ottoman official documents the first use of the term is found in the register for the sandjak of Arvanid, the earliest tahrir register (dated H. 835) in the Ottoman Archives.5 As for original documents from the time of Bayezid II, berat replaced the terms such as biti, nishan and mithal . A "Beratl", the one who has a berat in hand, was the person with a privilege or a license. "Eli beratl " meant a man of authority or power. This meaning, from the eighteenth century, was used for ambassadors, translators, their assistants and non - Muslim subjects of the Empire who had been granted berat.6

I would like to express my gratitude to Professor Halil nalcik whose encouragement in researching and writing this article is invaluable. I also would like to acknowledge Professor Paul Latimer for editing and contributations and Bo a Babr Turna for his painstaking efforts in the recelization of this project. 2 For further information see Nejdet Gk, Beylikler Dneminden tibaren Osmanl i i Diplomatikas nda Berat Formu i , Marmara University, Unpublished PhD dissertation; see also "Berat" and "Bara'a", Encyclopedia of Islam, v. 1. 3 nalc k, H. "Osmanl Hukukuna Giri ", in Osmanl mparatorlu u, Eren, stanbul: i i i 1993, 339. See also nalc k, Ottoman Galata , Isis, stanbul: 1991; and "The Status of the Greek orthodox Patriarch under the Ottomans", Turcica , XXI-XXIII, 1991, 407- 436. 4 Ash kpashazade, Tevarih- i Al- i Osman , Istanbul, 1332, 65. 5 nalc k, I Hicri 835 Tarihli Suret- i Defter- i Sancak- Arvanid I , Ankara, 1987, 6,7. 1
1

a. Berat in Islamic Literature In the Quran, the word appears twice as "Beratun ": First, in the surah named Kamer , the Moon, ayat 43: "What, are your unbelievers better than these? Or have you an immunity in the Scriptures? " 7 In this ayat, "beraet " is salvation, immunity or a kind of warranty. The ayat warns the unbelievers, stating that they have to have a more powerful support than either the Pharaoh's army or a Berat granting a safe-conduct to them. It is clear that berat here is a diploma providing power or safety. The first ayat of the surah Tevbe , Repentance, is the second to contain the word. This surah, upon which the mufessirs comments differ, has been called Berae as well. At the beginning it is told that unbelievers are granted a truce by God and the Prophet for four months and promised that they will be "unmolested" during that time. This comment fits in with the meaning in the surah Kamer . However, according to some other commentators who take into consideration the rest of the surah that mentions a future war after this period of immunity, beraet means "ultimatum", or "to break off any kind of relation", or "to keep a distance between". 8 Another word from the same root, Beri, has generally this meaning in the Quran. As explained in Mufredat and Besair9, the root of beraet can mean "to get rid of, to get away from something unpleasant". Kad Beydavi states that the word beraet , in his tefsir of the ayat 54 in the surah Bakara , means to become purified or clarified". Becoming beri for a sick person, or for a person in debt, indicates recovery in either case. The person recovers from the illness, or he ceases to be in debt. In "the creation of Adam out of mud", the act of berae is to create by purifying something. 10 Another example concerning this act is expressed in Mecelle as a legal term: "Absence or exemption of obligation or responsibility is essential". This exemption has a purity in itself and it is a consequence of the creation. Acquittal from a guilt has a similar nature, it can be considered as a matter of "purity". However, in the ayat, the term is based on a political and diplomatic concern. Abu Bakr Razi argues that according to the Quran beraet refers to breaking off any kind of relationship, and removing someone from the protection of an agreement. 11 F. Razi, too, explains the term as abolition of an immunity.12 Thus, it is possible to observe two different meanings present at the same time. But its definition in respect to legal terminology, - especially international law- , seems to be more appropriate. It is rather the breaking off of a relationship than becoming pure and faultless, and this act of breaking off of a diplomatic relationship requires a declaration of war that consists of a truce beforehand.

Lewis, Bernard, "Beratl ", EI, v. I, 1171. i The Koran , trans. by N. J. Dawood, Penguin, London, 1990, 529. 8 Suat Y ld r m, i Kur'an- Hakim ve A klamal Meali i i i , stanbul: 1998, 198. 9 Ragib al Isfahani, al Mufredat li Garib al Kur'an , Ebu Hayyan al Tevhidi, al Besair ve al Zahir cited in Elmal l M. H. Yaz r, i Hak Dini Kur'an Dili, Istanbul: 1996, v. IV, 265- 67 2
6 7

It is obvious that this ayat has the style of a diplomatic letter consisting of an intitulatio, where the name or rank of the person issuing the document is mentioned and of an inscriptio, where the name of the addressee is mentioned. Here what we have is not just an ordinary letter, but all the requirements of an official notification, an ultimatum or an abolition of a treaty:

"A declaration of immunity (berat) from God and His apostle to theidolaters with whom you have made agreements. For four months you shall go unmolested in the land. "13 Another example is one of the sacred times for Muslims which is called the night of the berat . The main idea is the same: a kind of immunity or privilege for believers who want to be exempted, and forgiven. According to the ayat, the truce of four months granted to the idolaters was a privilege of the same kind. So can be the berat of Ottoman diplomatics as a legal diploma.

al Beydavi, Envar al Tenzil ve Esrar al Te'vil, vol I, 81, see also al Zebidi, 45. al Cessas, Ahkam al Kur'an , IV, 264. 12 Fahreddin Razi, Mefatih al Gayb , XVI, 225. 13 The Koran , 186. 3
10 11

By examining the surah Repentence we find certain basics about the berat : 1. Berat is granted only to the idolaters with whom a treaty has been concluded. It will be valid as long as they remain loyal. The prerequisite of the berat is an established treaty. 2. The person or party who grants a berat is more powerful than the other party. One of the parties is the superior, and the other is the inferior. Thus, this is a matter of "donation". 3. In return for granting a berat the subordinate party will have responsibilities. 4. Berat concerns third parties as well. (The surah , Repentance, addresses all Muslims, and they are expected to obey). 5. Berat is granted for a certain period of time that depends on the manner of the subordinate party. 6. The absence of besmele, the invocation "In the name of God, the Merciful, the Compassionate ", is treated by some scholars as remarkable. In berat s, unlike other Ottoman documents, there is no besmele, the invocation. b. Berat and Berit Taking the connection between Arabic and Hebrew into consideration it can be argued that there is a relationship between berat and the Hebrew word berit that indicates a similar meaning. It is a widely known fact that, since the first year of the Hegira, many works have been written concerning the words adapted by Arabic from different Semitic languages. The Hebrew root b- r- a, as in Arabic, is the verb "to create". The word berit , derived from the same root, means covenant, agreement or obligation between individuals, groups or ruler and subjects. 16 In the Old Testament there are covenants established between God and man. Noah and his followers were granted a berit in order to prevent a second flood and a bow was put onto a cloud (a rainbow) as a sign of the covenant (Genesis, 6/18, 19; 9/12, 15, 16). Abraham and the Israelites, too, were granted a berit in which they were expected to obey the divine rules, to circumcise their sons, and to avoid adultery and indecency (7/8). In return, the land of Cana'an was promised to them by God (Genesis, 13/15, 17; 15/18; 17/2- 8). When they violated the covenant God punished them (Deuteronomy, 29/25; I. Kings, 19/10; II. Chronicles, 12/1; Jeremiah, 22/9; Daniel, 2/30; Deuteronomy, 17/2; Joshua, 7/11, 23/16; Judges, 2/10; Psalms, 132/12). However they were forgiven then, and another covenant was established (Jeremiah, 31/31- 34; 32/37- 42). From then on God would be the Lord of them, and the Israelites would be the people of the Lord (Jeremiah, 31/34). 17 Therefore this covenant involved the commitment of the Israelites, known as sons of the covenant. 18 Bari, one of the names of God, has the same root as the word berat. 19 Bari is the Creator who has no obligation, no charge, who has no similarity to his creatures' characteristics, who established the universe in a perfect accord and unity. Some scholars claim that the word bari which appears twice in the Quran, is undoubtedly adapted from Hebrew and that the Prophet did not use the term in a particular meaning.
14 15

Ibn Abbas, Garib al Kur'an . This pamphlet, revised by Ata b. Edu Rebah, is in the Sleymaniye Library, section "At f Efendi", number 2815/8, page 102107.On this work, see . Cerraho lu, lahiyat Fakltesi Dergisi , Ankara University, XXII, 23, also Ebu Mansur al Cevaliki, al Mu'arreb. (The revised edition of this work by Cemaleddin Abdullah b. Muhammed al Uzri, a 15 th century scholar, is not published yet. 15 The Dictionary of Classical Hebrew , Sheffield Academic Press, Sheffield: 1995, II, 258. 16 ibid., 264. 17 A. Kk, "Ahid- Dinler Tarihi", Diyanet slam Ansiklopedisi , Diyanet Vakf Yay nevi, stanbul: 1992, v.I, 533. i 18 A. Unterman, "Berit" and "Covenant" in Dictionary of Jewish- lore and Legend , London: 1961. 19 B. Topalo lu, "Bari", Diyanet slam Ansiklopedisi , v. 5, 73. 5
14

But according to Topalo lu this word existed in various forms indicating God from pre- Islamic times and it was only natural to find similar words defining the divinity in major religions. 21 Nevertheless, both arguments support the idea of the existence of a relationship between berat and berit. The word Berat comes from the Arabic word "baraa". In Ottoman Turkish it was used without the hemze . Berat is the infinitive form derived from the verb "b- ra- e". 22 The term itself is related to some other words that come from the same root and have specific meanings in particular contexts. In major Arabic dictionaries, the main meaning of its root is given as follows: B-ra- e, when used for God, means "to create without a model or sample" Al- Bari a word derived from the same root, means the Creator, having no similarity to what He has created and composing the whole universe without disorder.
20

In the Quran it can be seen that, in general, the verb b- ra- e is used for the creation for those who have spirit, while for things such as the earth or heaven, the verb halaka is used. The idea of distance or transcendence expressed in Al- Bari is appropriate to berat . Beside the meanings "to create" or "creation", it has other meanings: to become clarified, purified, to gain safety, to have immunity or privilege, to be acquitted of a debt or guilt, to recover from an illness, to be exempted from a responsibility. 24 According to the root, "to be far away, apart, distant" is also correct for Berats. For the person who is granted a Berat, becomes exalted by obtaining a privilege. Thus he is "purified" or "exempted" from an imperfection. We find the term in hadith. It is used to indicate the notion of exemption, release (from a sin), or dissociation.
23

D. B. MacDonald, "Allah", slam Ansiklopedisi , Milli E itim Bakanl , stanbul, 1949, v.I, 363. B. Topalo lu, 73. 22 Firuzabadi, al Kamusu al- Muhit , vol. I, Istanbul, 1230, al Zebidi, Tac al- Arus , vol. I, 44, Ibn Manzur, Lisan al Arabi al Muhit , vol I, 182. 23 Firuzabadi, 8. Ibn Manzur, 22. 24 Ibn Manzur, 182- 83. Al Cevheri, Sihah , vol I, 11. Al Zebidi, 44,45. Firuzabadi, 8-9. Ibrahim Mustafa, Mucem al Vasit, vol I 45- 46. 6
20 21

In the theory of law berat has an important place. Beraet- i asliyye , the principal beraet, is interpreted as innocence, or absence of accusation or responsibility. In criminal law this means that if there is no proof to the contrary, the person is guiltless. In the law of obligation it is an exemption from a debt. Mecelle, the Ottoman civil code, states that the principal "freedom from obligation is essential" and describes the same understanding in a wider sense. In the time of mer, the second Caliph, the non- Muslim subject who had already paid their tax was granted a berat in order to prevent abuses. 26 In commercial law, bay al berae , makes the seller immune from any obligation if the sold object has defects. 15 of Shaban , night of the berat, having a sacred importance, is considered as a general immunity, a release from sin or guilt. This night is also called as night of sakk , the night of the diploma. 27 Equivalents of the Berat in the Ottoman Empire In Ottoman diplomatics the use of the word berat became widespread from the last quarter of the fifteenth century onwards. Before that, many words expressed the same meaning, while some of these were used interchangeably in the same document until the end of the Empire. These are: biti, bitik, hkm, mithal, tevki, kitab, nishan, ferman etc.
25
th

Ebu Davud, "Eyman", 9; Nesai, "Eyman" cit. in A. Bardakoglu, "Beraet", Diyanet Islam Ansiklopedisi, V/470- 1. Hamidullah, M., Mecmuat al Vesaik al Siyasiyye , Cairo, 1956: number 43. 27 Elmal l , VII/67- 68. See also H. nal, "Berat Gecesi", I Diyanet slam Ansiklopedisi , v. 5, 475- 76. 7
25 26

a. The Use of Biti, Bitik In documents written in the second half of the fourteenth century and in the fifteenth century, the word biti had different meanings, such as letter, word, berat, hkm, nishan, mithal . We do not know about the etymology of the word biti and its root bitimek. However, it is assumed that the word comes from a Chinese word " pi- bit/piet " which means writing- brush. 28 In various dialects of the Turkish language, biti, bitik, bitiv, bituv, buti all mean writing or letter. Bitiglig (the owner of a written document) and bitigu (ink) come from the same root. 29 Bitig tili is language of a book; bitig ostasi, a teacher; ulug bitikci (in eastern dialect) the head of the clerks. 30 Yusuf Has Hacib mentions an officer " bitikci, bitikci l mga i " who conducted the correspondence of the sultan and who was the confidant 31 According to Kasgarli Mahmud " ilimga " was the person who wrote the letters of the sultan in Turkish. 32 Fuat Kprl argues, in his explanation of the word " nishan ", that official documents written in the fourteenth and fifteenth century are called "biti" instead of "nishan ". The documents belonging to the earliest Ottoman sultans, published by Kraelitz in TOEM, prove this claim. In the waqf registers of the time, says Kprl, "emirname ", decrees by the sultan or prince, were called "nishan", while those by begs, beglerbeg s and kadis were called biti. Terms in the registers such as "rncek bitisi" and "gkce ren bitisi" are as yet unexplanied. Kprl also accepts that the word biti is derived from "pit" which means brush in Chinese.
33

iratori, Sinologische Beitrage zur Geschichte der Trkvlker , Petersburg: 1902, II,16. Also A. von Gabain, Altrkische Grammatik, Leipzig; 1942, 303. Mecdud Mansuro lu, "Bitiki", slam Ansiklopedisi , v.2, 657. M. p irli, "Bitiki", Diyanet slam Ansiklopedisi , v. 6, 225. 29 For more information see G. Doerfer, Turkische und Mongolische Elemente im Neupersischen , Wiesbaden: 1965, II/262- 64. 30 M. Mansuro lu, 657. 31 Kemal Eraslan (ed.), Kutadgu Bilig , III, stanbul: 1979, 93- 95. 32 Divan- i Lugat al Turk , stanbul: 1333 (1918), I/127. 33 F. Kprl, Bizans Messeselerinin Osmanl Messeselerine Tesiri , stanbul: 1981, 62- 3. 8
28

Another argument about the origin of the word is put forward by Ipsirli. According to him, many new words were derived from the verb "bitimek ", "to write": "bitigu ", pencil; "bitig/bitik ", writing, inscription, document, letter, book, order, decree; "bitikci", clerk; "bitigli", owner of the document; "bitiklik", writing material. 34 Kafeso lu says that, some information was found in the Chinese annals about how Turks communicated and prepared official documents by drawing certain signs on wax with an arrow or by carving on sticks. 35 Thus, adds Kafeso lu, the origin of Turkish writing should be examined in a Turkish rather than Chinese context. With this in mind, some scholars study Turkish seals on this question. 36 Another point Kafeso lu put forward was the question of the origin of the word bitig. He refused the assumption that the word was based on Chinese. To uphold his argument, he noted that Turkish was not a language that was written with a brush, but was a kind of "inscription language" written with steel implements on firm surfaces. Secondly, the word bitig, brush, did exist in Uighur dialect, but underwent some changes both in formation and in meaning. The word bitig must be a noun derived from a Turkish verb bit/bimek . In Chinese this word is "bii(g)". 37 Yusuf Has Hacib states that the bitigi l mga i was the officer who managed official correspondence in the Karakhanate and he was also confidant

of the ruler. Hacib's verse "if you become bitigci l mga, keep i your heart secret, don't say a word " expresses his views. 38 Another account, related by Uzunar l , reminds us of Hacib's explanation: i "According to S. Sami the word beylikci is originally derived from bitikci. Beylikci is the one who puts in writing important and secret matters in official form sent by reis al- kttab (chief of clerks).
Kafeso lu, ., i Trk Milli Kltr , stanbul: 1989, 324. ibid. 36 ibid., 324. 37 ibid., 324. 38 Resat Gen, Karahanli Devlet Teskilati , stanbul: 1981, 258- 59. 9
34 35

In former Turkish states, bitekci, in Tabgach, bitekci and l mga i and damgac, in Goktrk, Turgis and Uighurs, tugrac in Oghuz, functioned as a class of clerks responsible for official correspondence. Documents had the imperial stamp or seal ( tamga, tugra ) of the khakan. 40 We know of the existence of the same posts ( bitikci and l mga i ) in the Karakhanate, considered as the first Turkish- Muslim dynasty in Turkistan between 840 and 1212. The military was controlled by a divan, a council of state, like the divan under the Seljukids, and this institution had registers covering not only the payments and monthly salaries of soldiers namely " ay bitigi", but also any kind of change in their positions. 41 Probably the words bitigi and bitiki passed to the Mongols from the Turks through the Uighur clerks. In Mongolian there were similar words such as biig (to write), biiki (clerk) and biig- n tsimel (an officer in the chancery). 42 Uighur influence had important place in the organisation of the Mongol Empire and we have many legal and financial terms that reflect this. 43 For the Ilkhanids, (1256- 1344), Ulug Bitiki was the head of the chancery office. He was the one who was responsible for writing any official document such as a decree, diploma, or letter issued by the council of state as well as for guiding the clerks under him called bitiki or bahshi . 44 In Turk- ruled states in Egypt too, the word bitiki that meant clerk existed: "When Izzeddin Ahmet died he was one of the bitikis". 45 The influence of the Ilkhanids, as in many fields, was undoubtedly important on the art of official writing in the Ottoman State, in other words, on Ottoman diplomatics. The style and method of the Ilkhanids was applied by the Ottomans, especially the introductory protocol, sanction and final protocol in official documents such as fermans, (orders dispatched by the sultans), and berats.
39

.Hakk Uzunar l , i Merkez ve Bahriye Te kilat , Ankara: 1988, 39. Kafeso lu, 266. 41 R. Gen, Karahanl lar", i Do u tan Gnmze Byk slam Tarihi , stanbul: 1992, VI, 174- 5. 42 W. Schmidt, Mongolish- Deutsch- Russisches Wrterb , Petersburg: 1835, 109, cited in M. Mansuro lu, 657. 43 Ahmet Cafero lu, "Uygurlarda Hukuk ve Maliye Ist lahlari", i Trkiyat , v.4, 1- 43; For Chinese influence on the Uighurs see Uzunar l , Osmanl Devletine Medhal i , Trk Tarih Kurumu, Ankara: 1975, 174. 44 Uzunar l , 219; for "Bah i" see Kprl, "Bah i", i slam Ansiklopedisi , v.2, 233-38. 45 Uzunar l , 187. I 10
39 40

The Seljukids including the Seljukids of Rum had sahib-i tugra, tugrai, nishanc and i pervance/pervane as holders of the imperial monogram. These officers' duty was to write down fermans, berats, as well as land registers. The Karakoyunlus and Akkoyunlus also had a divan in which pervani did the same duty. The word biti was used by the Anatolian principalities and the Ottoman State until the reign of Bayezid II. In the Arvanid register belonging to the time of Murad II we see the word many times. According to Halil nalc k i 47 "The terminology and diplomatic rules in the first documents issued by the state and of customary- sultanic nature give clear demonstration of the continuation of the Turco- Iran tradition in official writing. The term biti was rooted in the Uighur influence expanded during the Ilkhanid sovereignty in Iran and Anatolia. We know that there were clerks who wrote excellently in Uighur in the divan of Mehmed the Conqueror, but instead of bitiki (clerk) the Ottomans used the term yaz c ".
46

b. Other terms for Berat Before the use of berat, hkm was a term with the same meaning. Hkm is literally a command, order, decision, power, supremacy. It can also mean to act as kadi, or, more generally, to influence something. 49 Written orders of the sultans on any issue or duty are called hkm- i hmayun , an imperial order. Regardless of the office which issued the order, all sultanic documents were generally considered as hkm . The register covering orders concerning any financial issue was called "the register for financial hkms (orders). A Hkm sent to a governor or an administrator was a ferman , if it was for an appointment or privilege, it was a berat or ruus . There are some hkm s with tu ra , the imperial monogram, named "clean ahkam- i sherife (respected orders) with nishan- i hmayun (imperial monogram)".
48

See Mehmed b. Hindu ahi, Dstur al Katib fi Ta'yin al Meratib , in the Kprl Library, stanbul, number 1241. See also Uzunar l , i Medhal , 220. nalc k, "Reis'l- kttab", slam Ansiklopedisi , v. 9, 672. 48 The word "yaz c " still exists in contemporary Uzbek- Turkish and also in some i other turkic dialects as "yazucuv". 49 Osmanli- Trke Ansiklopedik Byk Lgat , Trdav, Istanbul: 1981, I, 822. 11
46 47

In this kind of document some places were blank in order to be filled in when necessary. Thus, according to subject and work, hkms were given names like ferman, nishan, berat, tevki', menshur . The terms such as hkm- i hmayun, hkm- i sherif, hkm- i cihan- ara, hkm- i cihan muta, hkm- vacibi'l-imtisal define the hkm as a command or a decree. The term ferman, except in the early times, was decisively adopted by Ottoman diplomatics. In the Arvanid Register, the earliest land register available in the Ottoman Archives (h 835- 1432), we notice terms repeatedly used, such as mektub, berat, berat of pasha, biti of pasha, biti, berat of sultan, biti of beg (governor), order of sultan. The word pervane was very rare. Biti and berat were used with the same meaning for pashas and begs, while biti was not used for the sultan. Instead, we have biti of sultan , or hkm of sultan . 51 On the other hand, what the register means by "the existence of a hkm by the sultan" is, in fact, nothing but a berat. In the same register, as a substitute for "hkm by the sultan", we find "berat by the sultan". 52 The terms mithal and tevki' have the same meaning. In the Seljukids of Rum a mithal is a document issued not by the sultan but by high officials such as viziers to order or advise lower officials. The Ottomans interchangeably used the terms mithal and ferman, nishan, tevki', or even tu ra . The documents generally begin with a formula: "the reason why this respected imperial tevki' is written is that ..." or "the reason why this unique mithal and ferman should be obeyed is that ...". In some fermans, mithal and nishan have the same meaning: "Nishan- i hmayun and mithal- i meymun " (imperial nishan and sacred mithal ).
50

See Hoca Saadeddin, Tacu't- Tevarih , II, 322, for the letter sent by Selim I to dris- i Bitlisi dated h. 921/1515, concerning the grant of sanjaks, administrative units, to the begs in Diyarbakir who remained loyal to the sultan. In the letter he noticed that they were sent a clean "ahkam- i sherife with nishan- i hmayun and tu ra ". 51 nalc k (ed.), i i Hicri 835 Tarihli Suret- i Defter- i Sancak- i Arvanid , 2nd edition, Ankara: 1987, 69, 77. 52 nalc k, (1987), 72, 197, 198. i i 12
50

There are many examples in early Ottoman works on writing (i.e. Menahic) which demonstrate that the words such as kitab, kitab- i hmayun, mithal, tevki', nishan were used as substitutes for one another in the fifteenth century. This may be a result of a trial period in constructing formulae. Thus, it is possible to see the terms used interchangeably in the same document. In the nishan of Sleyman elebi, dated h. 815/1412, for example, in the beginning "kitab" is used , then "tevki'" and finally "mektub" with the same meaning. 54 Another example is the biti of Musa elebi, dated h. 815/1412, in which biti, mektub and nishan are used. 55 The nishan of Mehmed I dated h. 823/1420 uses the terms mithal, tevki' and ferman . 56 In some berat s we observe that the term kitab (like hkm ), in accordance with Islamic tradition, had a comprehensive meaning that covered any kind of document. 57 Yarl k, Yarl i We know that amongst the Mongols and in Mongol originated states such as the Golden Horde and the Crimean and Kazan Khanates, yarl k was the name of letters sent to foreign rulers and, in particular, of diplomas granting privileges.
53

Uzunar l , "Tu ra ve Peneler", i Belleten , Ankara: 1941, XVII-XVIII, 130- 31. Topkap Saray Mzesi Ar ivi, The Archives of Sinan Pa a, number 152; Tahsin i i z, Tarih Vesikalari , I, number 4; P. Wittek, Wiener Zeitschrift fr die Kunde des Morgenlandes , LVII, 102. 55 T. Gkbilgin, "XV-XVI.asirlarda Edirne ve Pa a Livasi", Istanbul University, Edebiyat Fakltesi, Istanbul, 1952: 172. 56 Feridun Bey, Mecmua- i Mun eatu's- Selatin , Takvimhane- i Amire [Istanbul] 1274-75: I, 166. 57 For more information on uses of this kind see M. Hamidullah, Al Vesaik al Siyasiyye , doc. number V, VII, XVII. 13
53 54

Yarl k must have been in the form of a sultanic order, namely a ferman. Besides it is a fact that these documents have been clearly identified as "yarl k". 59 According to Ilkhanid traditions official documents (amsele) and laws (carluk, yarlug, ferman) were prepared by officials called bitiki under the control of the head of all clerks, namely the mnshi- i divan-bzrg and all the documents had the imperial seal "paiza". In the chancery (divan- bzrg- i lhani), were sections for Mongolia, Persia, north China, Tibet and Tangut. Therefore each document was written in the original language of its destination. 60 The Ilkhanids applied the traditional Mongol approach and at the beginning of a document, used the formula "Mengi tengri kndr", (in the power of God), which would become, with Islam, Besmele. They then simply indicated the addressee and addresser in a formula (such as "by the order of .... to ....") and used red (k z l tamga) or black (kara tamga) seals. 61 The rulers of the Golden Horde used the term "yarl k" for their orders, especially concerning the making of coin, - "yarlughmayun" I or "hkm- i hmayun". 62 Later on, this term passing through the
58

In Uigur documents yarl k is the order of the sultan. In i Divan- Lgat al- Trk yarl is a written order of the sultan. (See "Uygurlarda Hukuk ve Maliyet Ist lahlar ",i Trkiyat Mecmuas , IV, 32.) Later "nishan" replaced yarl and sometimes it was called "Aldamga". According to Ali ir Nevai, in the 15 th century Mongols used "nishan", "mhr", "tu ra" instead of "yarl ", "basma", and "alamet". However the Ottomans used "nishan" as berat, yarl , ferman and even tu ra. In fermans "nishan" means berat as well as ferman and yarl . 59 Yarl of the Toktam Khanate, 21- 23: "Alt ni anl k yarl k tuttuk"; yarl k of the i i i Timur Kutluk Khanate, 23,24: "Alt n ni anl k al tamgal k yarl k bildirildi"; yarl k of i i i i the Hac Giray Khanate, 34: "Bu yarln "; 51: Alt n ni anl al tamgal yarl i i i i i birdimiz". But bitiks do not always have the term biti or bitik. See first and second letter of Mengi giray Khan, 84- 88. In these documents we see the terms "tahiyyetname" and "mektub". These bitiks actually are like Ottoman name- i hmayun , sultanic letter. See A. N. Kurat, Topkap saray Mzesi Ar ivindeki Alt n i i i Ordu, K r m veTrkistan Hanlar na Ait Yarl k ve Bitikler i i , stanbul, 1940, 4. i 60 Nadir Devlet, " lhanl lar",i i Do u tan Gnmze Byk slam Tarihi , IX, 82- 83. 61 ibid. 62 ibid. (quoted from B. Spuler, Die Goldene Horde , Die Mongolen in Russland , 1223- 1502, 267- 270.) 14
58

lkhanids, was used by the Anatolian Seljukids, Karaoyunlu, Akkoyunlu and, though rarely, in the Mamluks. As to the Ottomans, the term was

not used as a separate document category, but in berats and fermans as a formula such as "yarl - beli ". i Menshur was another widely used term. It was the name of documents granted to land holders under the Abbasids, of particular diplomas making appointments under the Fatimids, and for any kind of diplomas making appointments under the Eyyubis and Seljukids. The Mamluks too had menshur documents concerning land holding. The most important characteristic of it was that it was granted by the sultan himself and had his name on it. 63 The Seljukid sultan Muhammed Tapar (h 498- 511/1105- 1118) granted the region of Syria to Atabeg Tu tekin in h 150/1116 by giving him a menshur. We have the text of this important menshur , written by a famous caligrapher, Tu rai Ebu Ismail al- Huseyni alIsfehani, in Ibn al Kalanisi's Zeylu Tarih- i D ma k i . 64 This document, rather like Ottoman menshur s concerning vezaret, granted many privileges and rights to Atabeg Tu tekin. The document, an original and remarkable one, displays the situation of the relationship between the Seljukids and The Atabeg of Damascus. 65 It also has the characteristics of a menshur in Persian of the time, in terms of diplomatics. 66 Later Developments In Ottoman dictionaries, the term Berat, (diplome/ordonance royale in french; privilege in english; befehl in german) has always been dealt with in terms of what it meant at that time. Thus a berat was "a kind of diploma for immunity" in Lugat- i Osmaniyye (h. 1286), "a letter whose plural is berevat" in Ahter- i Kebir (h. 1316), "an official document used for granting patents, positions, civil service jobs, pay, and several immunities by the state" in Kamus- i Osmani (h. 1329). Lehe- i Osmani, by Ahmet Pa a, does not mention the term, but we find it in the "ferman " article: "Order, letter of order, sentence, yarl, extensive berat ". In works on the diplomatics of the nineteenth century, berat is "an official document of immunity written in divani form, with imperial seal for granting various appointments ( cihat- mtenevvia)".
For more information on mensh ur, see Kalkashandi, Subhu'l- asha , XIII, 150- 165. pub. by Amedroz, Beyrut 1908, 193- 197. 65 See Co kun Alptekin, "Byk Seluklular", Do u tan Gnmze Byk slam Tarihi , VII, 167; "D ma k Atabegli i" Do u tan Gnmze Byk slam Tarihi i, VII,481. See also A. zayd n,I Sultan M. Tapar Devri Seluklu Tarihi 498- 511/1105-1118, Trk Tarih Kurumu, Ankara, 1990, XXII-XXXIII. 66 See C. Alptekin, for summary of that document. 15
63 64

Another definition says that berat "is the name for ferman s granted by Evkaf- i Hmayun Nezareti (the Office of Imperial Foundations) to those who hold an official post for religious services such as imamet , kitabet or tevliyet . 68 Comparing the last two definitions, the latter has the expression "religious services" instead of "various appointments" used in the first both indicating berat s granted for posts concerning religion or religious foundations. Besides, in the latter the only government office authorized to grant berat is the Evkaf- Hmayun Nezareti . This was the result of the Tanzimat era, in which judicial, legal and administrative institutions underwent many changes, and appointments by berat were restricted to a small group of services concerning Evkaf- Hmayun Nezareti . According to Recyhman and Zajaczkowski, the term was "applied particularly to diplomas dealing with the appointment of dignitaries, with the granting of feudal estates, and with the specification of obligations." 69 Finally we have to mention that there are other berat s such as "ahidname", and "temlikname- mlkname" which are not included in this study because of different diplomatic features, and these would be the subject of another study.
67

Mehmet Tevfik, Usul- i n a ve Kitabet i,stanbul, 1307, 417. Muhyiddin, M., Mn eat ve Muamelat- Askeriyye ,stanbul: 1307, 417. 69 Handbook of Ottoman- Turkish Diplomatics , trans. by A. Ehrenkreutz, The Hague,Paris: 1968, 136.16
67 68

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http://www.citypopulation.de/Turkey.html

Provinces
Name < Adana Adyaman < {Adiyaman} < Afyon Abbr. Capital ADA Adana ADI Adyaman AFY Afyon A C 1990-10- C 2000-10- P 2007-07(km2) 21 22 01 12,788 1,549,233 1,849,478 2,006,300 7,614 510,827 623,811 812,416 687,000 830,200

14,230 738,979

< Ar {Agri} < Aksaray < Amasya < Ankara < Antalya < Ardahan < Artvin < Aydn {Aydin} < Balkesir {Balikesir} < Bartn {Bartin} < Batman < Bayburt < Bilecik < Bingl {Bingol} < Bitlis < Bolu < Burdur < Bursa anakkale < {Canakkale} < ankr {Cankiri} < orum {Corum} < Denizli Diyarbakr < {Diyarbakir} < Dzce {Duzce} < Edirne < Elaz {Elazig} < Erzincan < Erzurum < Eskiehir {Eskisehir} < Gaziantep < Giresun Gmhane < {Gumushane} < Hakkari < Hatay < el {Icel} < Idr {Igdir} < Isparta < stanbul {Istanbul} < zmir {Izmir} Kahramanmara < {Kahramanmaras} < Karabk {Karabuk} < Karaman < Kars < Kastamonu < Kayseri < Kilis

AGR AKS AMA ANK ANT ARD ART AYD BAL BAR BAT BAY BIL BIN BIT BOL BUD BUR

Ari Aksaray Amasya Ankara Antalya Ardahan Artvin Aydn Balkesir Bartn Batman Bayburt Bilecik Bingl Bitlis Bolu Burdur Bursa

11,376 7,626 5,520 25,706 20,591 5,576 7,436 8,007 14,292 2,140 4,694 3,652 4,307 8,125 6,707 10,037 6,887 10,963 9,737

437,093 330,569 359,265 3,236,378 1,132,211 163,731 212,833 824,816 974,274 205,834 344,121 107,330 175,797 249,074 330,115 262,919 254,899 1,596,161 432,263

528,744 396,084 365,231 4,007,860 1,719,751 133,756 191,934 950,757 1,076,347 184,178 456,734 97,358 194,326 253,739 388,678 270,654 256,803 2,125,140 464,975 270,355 597,065 850,029

578,700 430,700 349,600 4,453,500 2,135,300 116,800 162,700 1,006,600 1,104,100 154,700 529,100 83,100 199,400 243,300 417,700 261,900 243,800 2,466,300 467,000 273,300 552,800 888,200

CAN anakkale CAK ankr COR orum DEN Denizli DIY Diyarbakr DZ EDI ELA ERC ERZ ESK GAZ GIR Dzce Edirne Elaz Erzincan Erzurum Eskiehir Gaziantep Giresun

7,388 249,344 12,820 608,660 11,868 750,882

15,355 1,096,447 1,362,708 1,517,700 1,014 6,276 9,153 11,903 25,066 13,652 6,207 6,934 6,575 7,121 5,403 15,853 3,539 8,933 5,220 11,973 273,679 404,599 498,225 299,251 848,201 641,301 1,010,396 499,617 168,845 172,479 1,109,754 1,267,253 142,601 434,771 7,195,773 2,694,770 314,266 402,606 569,616 316,841 937,389 706,009 1,285,249 523,819 186,953 236,581 1,253,726 1,651,400 168,634 513,681 10,018,735 3,370,866 331,800 377,900 599,500 314,100 961,800 722,200 1,452,200 515,000 192,100 279,100 1,308,000 1,893,000 181,800 553,300 11,914,800 3,769,500

GM Gmhane HAK HAT ICE IGD ISP IST IZM Hakkari Hatay Mersin Idr Isparta stanbul zmir

KAH Kahramanmara 14,327 894,264 KAB KAM KAR KAS KAY KIL Karabk Karaman Kars Kastamonu Kayseri Kilis 4,074 9,163 9,442 13,108 16,917 1,338 244,177 215,181 355,823 423,206 944,091 130,198

1,002,384 1,039,600 225,102 243,210 325,016 375,476 1,060,432 114,724 195,600 253,800 279,500 312,300 1,101,600 94,600

< Krkkale {Kirikkale} < Krklareli {Kirklareli} < Krehir {Kirsehir} < Kocaeli < Konya < Ktahya {Kutahya} < Malatya < Manisa < Mardin < Mula {Mugla} < Mu {Mus} < Nevehir {Nevsehir} < Nide {Nigde} < Ordu < Osmaniye < Rize < Sakarya < Samsun < anlurfa {Sanliurfa} < Siirt < Sinop < rnak {Sirnak} < Sivas < Tekirda {Tekirdag} < Tokat < Trabzon < Tunceli < Uak {Usak} < Van < Yalova < Yozgat < Zonguldak Turkey 81

KIK KIR KIS KOC KON KT MAL MAN MAR MUG MUS NEV NIG ORD OSM RIZ SAK SAM SAN SII SIN SIR SIV TEK TOK TRA TUN USA VAN YAL YOZ ZON TUR

Krkkale Krklareli Krehir Kocaeli Konya Ktahya Malatya Manisa Mardin Mula Mu Nevehir Nide Ordu Osmaniye Rize Sakarya Samsun anlurfa Siirt Sinop rnak Sivas Tekirda Tokat Trabzon Tunceli Uak Van Yalova Yozgat Zonguldak Ankara

4,365 350,360 383,508 390,600 6,550 309,512 328,461 326,300 6,570 256,684 253,239 235,800 3,626 920,255 1,206,085 1,387,100 38,157 1,752,658 2,192,166 2,451,200 11,875 577,905 656,903 688,400 12,313 704,359 853,658 935,400 13,810 1,154,418 1,260,169 1,280,600 8,891 558,275 705,098 793,200 13,338 562,809 715,328 807,800 8,196 376,543 453,654 495,200 5,467 289,509 309,914 310,000 7,312 301,691 348,081 368,800 6,001 826,886 887,765 890,300 3,320 384,104 458,782 497,900 3,920 348,776 365,938 360,000 4,817 683,281 756,168 776,700 9,579 1,161,207 1,209,137 1,181,900 18,584 1,001,455 1,443,422 1,747,400 5,406 243,435 263,676 266,300 5,862 265,153 225,574 178,100 7,172 262,006 353,197 412,800 28,488 766,821 755,091 701,700 6,218 468,842 623,591 723,300 9,958 718,738 828,027 876,300 4,685 795,849 975,137 1,076,200 7,774 133,584 93,584 73,700 5,341 290,398 322,313 331,800 19,069 637,433 877,524 1,037,300 674 135,121 168,593 188,200 14,123 578,719 682,919 735,000 3,481 653,739 615,599 547,100 774,815 56,473,035 67,803,927 73,875,000

Name Adm. C C 2000-10-22 1 stanbul IST 8,803,468 2 Ankara ANK 3,203,362 3 zmir IZM 2,232,265 4 Bursa BUR 1,194,687 5 Adana ADA 1,130,710 6 Gaziantep GAZ 853,513 7 Konya KON 742,690 8 Antalya ANT 603,190 9 Diyarbakr DIY 545,983 10 Mersin ICE 537,842 11 Kayseri KAY 536,392 12 Eskiehir ESK 482,793

U Evropi < Edirne EDI Edirne 6,276 404,599 402,606 377,900 < Krklareli {Kirklareli} KIR Krklareli 6,550 309,512 328,461 326,300 < Tekirda {Tekirdag} TEK Tekirda 6,218 468,842 623,591 723,300 < stanbul {Istanbul} IST stanbul 5,220 7,195,773 10,018,735 11,914,800 < anakkale {Canakkale} CAN anakkale 9,737 432,263 464,975 467,000 13,810,300 Vecina Istanbul Deo anakkale --http://www.intute.ac.uk/sciences/worldguide/html/1046_people.html Population and Demographics [Compare Countries] Turkey has a population of 71,158,647 (July 2007 est.) . Capital Main urban areas Ethnic groups Ankara (3 million inhabitants) Adana, Bursa, Istanbul, Izmir Turkish 80%, Kurdish 20% (estimated)

0-14: 24.9% (m 9,034,731/f 8,703,624) 15-64: 68.1% (m 24,627,270/f 23,857,507) 65+: 6.9% (m 2,253,383/f 2,682,132) (2007 est.) Life Expectancy: Total population: 72.88 years Male: 70.43 years Female: 75.46 years (2007 est.) The population growth rate for Turkey is 1.04% (2007 est.) (world growth rate at 2006 is 1.14%). The country also saw migration of 0 migrant(s)/1,000 population (2006 est.). ---

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--www.bilkent.edu.tr/~ngok/makale/bulgarian1.pdf

Introduction of the Berat in Ottoman Diplomatics, Bulgarian Historical Review, (3- 4): 141- 150, 2001.

An Introduction to the Berat in Ottoman Diplomatics1

In Ottoman diplomatics berat is a kind of document issued by the sultan in order to grant a privilege (or to make an appointment of a dignitary), or to confer the right to possession of a property belonging to the state, it can be both an official approval of an act and an order for third parties to comply with an act. 2 As well as being a simple grant, it may also be a notification of regulations concerning the requirements of service consequent of that grant.3 In the early history writings, we see the term "berat " for the first time in Ashkpashazade. The document informs us that sultan Murad granted timar by his own berat, and in Bayezid's time too, berat s for timar appointments were granted in the name of Bayezid. 4 In Ottoman official documents the first use of the term is found in the register for the sandjak of Arvanid, the earliest tahrir register (dated H. 835) in the Ottoman Archives. 5 As for original documents from the time of Bayezid II, berat replaced the terms such as biti , nishan and mithal . A "Beratl ", the one who has a berat in hand, was the person with a privilege or a license. "Eli beratl " meant a man of authority or power. This meaning, from the eighteenth century, was used for ambassadors,
I would like to express my gratitude to Professor Halil nalck whose encouragemen t in researching and writing this article is invaluable. I also would like to acknowledge Professor Paul Latimer for editing and contributa t ions and Boa Babr Turna for his pains taking effort s in the recelization of this project. 2 For further informa tion see Nejdet Gk, Beylikler Dneminden tibaren Osmanl Diplomatikasnda Berat Formu , Marmara University, Unpublished PhD disser ta tion; see also "Berat" and "Bara'a", Encyclopedia of Islam, v. 1. 3 nalck, H. "Osmanl Hukukuna Giri", in Osmanl mparator luu, Eren, stanbul: 1993, 339. See also nalck, Ottoman Galata , Isis, stanbul: 1991; and "The Status of the Greek orthodox Patriarch under the Ottomans", Turcica , XXI-XXIII, 1991, 407436. 4 Ash kpasha z a de, Tevarih - i Al - i Osman , Istanbul, 1332, 65. 5 nalck, Hicri 835 Tarihli Suret - i Defter - i Sancak - Arvanid , Ankara, 1987, 6,7. 1
1

translators, their assistants and non- Muslim subjects of the Empire who had been granted berat .6 a. Berat in Islamic Literature In the Quran, the word appears twice as "Beratun ": First, in the surah named Kamer , the Moon, ayat 43: "What, are your unbelievers better than these? Or have you an immunity in the Scriptures? "7 In this ayat, "beraet " is salvation, immunity or a kind of warranty. The ayat warns the unbelievers, stating that they have to have a more powerful suppor t than either the Pharaoh's army or a Berat granting a safeconduct to them. It is clear that berat here is a diploma providing power or safety. The first ayat of the surah Tevbe , Repentance, is the second to contain the word. This surah, upon which the mufessir s comments differ, has been called Berae as well. At the beginning it is told that unbelievers are granted a truce by God and the Prophet for four months and promised that they will be "unmolested" during that time. This comment fits in with the meaning in the surah Kamer . However, according to some other commentators who take into consideration the rest of the surah that mentions a future war after this period of immunity, beraet means "ultimatum", or "to break off any kind of relation", or "to keep a distance between". 8 Another word from the same root, Beri, has generally this meaning in the Quran.

As explained in Mufredat and Besair 9, the root of beraet can mean "to get rid of, to get away from something unpleasant". Kad Beydavi states that the word beraet , in his tefsir of the ayat 54 in the surah Bakara , means to become purified or clarified". Becoming beri for a sick person, or for a person in debt, indicates recovery in either case.
Lewis, Bernard, "Beratl", EI, v. I, 1171. 7 The Koran , trans. by N. J. Dawood, Penguin, London, 1990, 529. Suat Yldrm, Kur'an- Hakim ve Aklamal Meali , stanbul: 1998, 198. 9 Ragib al Isfahani, al Mufredat li Garib al Kur'an , Ebu Hayyan al Tevhidi, al Besair ve al Zahir cited in Elmall M. H. Yazr, Hak Dini Kur'an Dili, Istanbul: 1996, v. IV, 265- 67 2
6 8

The person recovers from the illness, or he ceases to be in debt. In "the creation of Adam out of mud", the act of berae is to create by purifying something. 10 Another example concerning this act is expressed in Mecelle as a legal term: "Absence or exemption of obligation or responsibility is essential". This exemption has a purity in itself and it is a consequence of the creation. Acquittal from a guilt has a similar nature, it can be considered as a matter of "purity". However, in the ayat, the term is based on a political and diplomatic concern. Abu Bakr Razi argues that according to the Quran beraet refers to breaking off any kind of relationship, and removing someone from the protection of an agreement. 11 F. Razi, too, explains the term as abolition of an immunity. 12 Thus, it is possible to observe two different meanings present at the same time. But its definition in respect to legal terminology, - especially international law- , seems to be more appropriate. It is rather the breaking off of a relationship than becoming pure and faultless, and this act of breaking off of a diplomatic relationship requires a declaration of war that consists of a truce beforehand. It is obvious that this ayat has the style of a diplomatic letter consisting of an intitulatio , where the name or rank of the person issuing the document is mentioned and of an inscriptio , where the name of the addressee is mentioned. Here what we have is not just an ordinary letter, but all the requirements of an official notification, an ultimatum or an abolition of a treaty: "A declaration of immunity (berat) from God and His apostle to the idolaters with whom you have made agreements. For four months you shall go unmolested in the land. "13 Another example is one of the sacred times for Muslims which is
al Beydavi, Envar al Tenzil ve Esrar al Te'vil , vol I, 81, see also al Zebidi, 45. al Cessas, Ahkam al Kur'an , IV, 264. 12 Fahreddin Razi, Mefatih al Gayb , XVI, 225. 13 The Koran , 186. 3
10 11

called the night of the berat . The main idea is the same: a kind of immunity or privilege for believers who want to be exempted, and forgiven. According to the ayat, the truce of four months granted to the idolaters was a privilege of the same kind. So can be the berat of Ottoman diplomatics as a legal diploma. By examining the surah Repentence we find certain basics about the berat : 1. Berat is granted only to the idolaters with whom a treaty has been concluded. It will be valid as long as they remain loyal. The prerequisite of the berat is an established treaty. 2. The person or party who grants a berat is more powerful than the other party. One of the parties is the superior, and the other is the inferior. Thus, this is a matter of "donation".

3. In return for granting a berat the subordinate party will have responsibilities. 4. Berat concerns third parties as well. (The surah , Repentance, addresses all Muslims, and they are expected to obey). 5. Berat is granted for a certain period of time that depends on the manner of the subordinate party. 6. The absence of besmele , the invocation "In the name of God, the Merciful, the Compassionate ", is treated by some scholars as remarkable. In berat s, unlike other Ottoman documents, there is no besmele , the invocation. b. Berat and Berit Taking the connection between Arabic and Hebrew into consideration it can be argued that there is a relationship between berat and the Hebrew word berit that indicates a similar meaning. It is a widely known fact that, since the first year of the Hegira, many works have been written concerning the words adapted by Arabic from
4

different Semitic languages. 14 The Hebrew root b- r- a, as in Arabic, is the verb "to create". 15 The word berit , derived from the same root, means covenant, agreement or obligation between individuals, groups or ruler and subjects. 16 In the Old Testament there are covenants established between God and man. Noah and his followers were granted a berit in order to prevent a second flood and a bow was put onto a cloud (a rainbow) as a sign of the covenant (Genesis, 6/18, 19; 9/12, 15, 16). Abraham and the Israelites, too, were granted a berit in which they were expected to obey the divine rules, to circumcise their sons, and to avoid adultery and indecency (7/8). In return, the land of Cana'an was promised to them by God (Genesis, 13/15, 17; 15/18; 17/2 - 8). When they violated the covenant God punished them (Deuteronomy, 29/25; I. Kings, 19/10; II. Chronicles, 12/1; Jeremiah, 22/9; Daniel, 2/30; Deuteronomy, 17/2; Joshua, 7/11, 23/16; Judges, 2/10; Psalms, 132/12). However they were forgiven then, and another covenant was established (Jeremiah, 31/31 - 34; 32/37 - 42). From then on God would be the Lord of them, and the Israelites would be the people of the Lord (Jeremiah, 31/34). 17 Therefore this covenant involved the commitment of the Israelites, known as sons of the covenant. 18 Bari, one of the names of God, has the same root as the word berat. 19 Bari is the Creator who has no obligation, no charge, who has no similarity to his creatures' characteristics, who established the
Ibn Abbas, Garib al Kur'an . This pamphlet, revised by Ata b. Edu Rebah, is in the Sleymaniye Library, section "Atf Efendi", number 2815/ 8, page 102- 107.On this work, see . Cerraholu, lahiyat Fakltesi Dergisi , Ankara University, XXII, 23, also Ebu Mansur al Cevaliki, al Mu'arreb. (The revised edition of this work by Cemaleddin Abdullah b. Muhamme d al Uzri, a 15 th century scholar, is not published yet. 15 The Dictionary of Classical Hebrew , Sheffield Academic Press, Sheffield: 1995, II, 258. 16 ibid., 264. 17 A. Kk, "Ahid- Dinler Tarihi", Diyanet slam Ansiklopedisi , Diyanet Vakf Yaynevi, stanbul: 1992, v.I, 533. 18 A. Unterma n, "Berit" and "Covenant" in Dictionary of Jewish- lore and Legend , London: 1961. 19 B. Topalolu, "Bari", Diyanet slam Ansiklopedisi , v. 5, 73. 5
14

universe in a perfect accord and unity. Some scholars claim that the word bari which appears twice in the Quran, is undoubtedly adapted from Hebrew and that the Prophet did not use the term in a particular

meaning. 20 But according to Topalo lu this word existed in various forms indicating God from pre- Islamic times and it was only natural to find similar words defining the divinity in major religions. 21 Nevertheless, both arguments suppor t the idea of the existence of a relationship between berat and berit. The word Berat comes from the Arabic word "baraa". In Ottoman Turkish it was used without the hemze . Berat is the infinitive form derived from the verb "b- ra- e".22 The term itself is related to some other words that come from the same root and have specific meanings in particular contexts. In major Arabic dictionaries, the main meaning of its root is given as follows: B- ra- e, when used for God, means "to create without a model or sample" Al- Bari a word derived from the same root, means the Creator, having no similarity to what He has created and composing the whole universe without disorder. 23 In the Quran it can be seen that, in general, the verb b- ra- e is used for the creation for those who have spirit, while for things such as the earth or heaven, the verb halaka is used. The idea of distance or transcendence expressed in Al- Bari is appropriate to berat . Beside the meanings "to create" or "creation", it has other meanings: to become clarified, purified, to gain safety, to have immunity or privilege, to be acquitted of a debt or guilt, to recover from an illness, to be exempted from a responsibility. 24 According to the root, "to be far
D. B. MacDonald, "Allah", slam Ansiklopedisi , Milli Eitim Bakanl, stanbul, 1949, v.I, 363. 21 B. Topalolu, 73. 22 Firuzabadi, al Kamusu al- Muhit , vol. I, Istanbul, 1230, al Zebidi, Tac al- Arus , vol. I, 44, Ibn Manzur, Lisan al Arabi al Muhit , vol I, 182. 23 Firuzabadi, 8. Ibn Manzur, 22. 24 Ibn Manzur, 182- 83. Al Cevheri, Sihah , vol I, 11. Al Zebidi, 44,45. Firuzabadi, 89. Ibrahim Mustafa, Mucem al Vasit , vol I 45- 46. 6
20

away, apart, distant" is also correct for Berat s. For the person who is granted a Berat , becomes exalted by obtaining a privilege. Thus he is "purified" or "exempted" from an imperfection. We find the term in hadith. It is used to indicate the notion of exemption, release (from a sin), or dissociation. 25 In the theory of law berat has an important place. Beraet - i asliyye , the principal beraet, is interpreted as innocence, or absence of accusation or responsibility. In criminal law this means that if there is no proof to the contrary, the person is guiltless. In the law of obligation it is an exemption from a debt. Mecelle, the Ottoman civil code, states that the principal "freedom from obligation is essential" and describes the same understanding in a wider sense. In the time of mer, the second Caliph, the non- Muslim subject who had already paid their tax was granted a berat in order to prevent abuses. 26 In commercial law, bay al berae , makes the seller immune from any obligation if the sold object has defects. 15 th of Shaban , night of the berat, having a sacred importance, is considered as a general immunity, a release from sin or guilt. This night is also called as night of sakk , the night of the diploma. 27 Equivalents of the Berat in the Ottoman Empire In Ottoman diplomatics the use of the word berat became widespread from the last quarter of the fifteenth century onwards. Before that, many words expressed the same meaning, while some of these were used interchangeably in the same document until the end of the Empire. These are: biti, bitik, hkm, mithal, tevki, kitab, nishan, ferman etc.

Ebu Davud, "Eyman", 9; Nesai, "Eyman" cit. in A. Bardakoglu, "Beraet", Diyanet Islam Ansiklopedisi , V/470- 1. 26 Hamidullah, M., Mecmuat al Vesaik al Siyasiyye , Cairo, 1956: numbe r 43. 27 Elmal l , VII/67- 68. See also H. nal, "Berat Gecesi", Diyanet slam Ansiklopedisi , v. 5, 475- 76. 7
25

a. The Use of Biti, Bitik In documents written in the second half of the fourteenth century and in the fifteenth century, the word biti had different meanings, such as letter, word, berat, hkm, nishan, mithal . We do not know about the etymology of the word biti and its root bitimek. However, it is assumed that the word comes from a Chinese word "pi- bit/piet " which means writing- brush. 28 In various dialects of the Turkish language, biti, bitik, bitiv, bituv, buti all mean writing or letter. Bitiglig (the owner of a written document) and bitigu (ink) come from the same root. 29 Bitig tili is language of a book; bitig ostasi , a teacher; ulug bitikci (in eastern dialect) the head of the clerks. 30 Yusuf Has Hacib mentions an officer "bitikci, bitikci lmga " who conducted the correspondence of the sultan and who was the confidant 31 According to Kasgarli Mahmud "ilimga " was the person who wrote the letters of the sultan in Turkish. 32 Fuat Kprl argues, in his explanation of the word "nishan ", that official documents written in the fourteenth and fifteenth century are called "biti" instead of "nishan ". The documents belonging to the earliest Ottoman sultans, published by Kraelitz in TOEM, prove this claim. In the waqf registers of the time, says Kprl, "emirname ", decrees by the sultan or prince, were called "nishan", while those by begs , beglerbeg s and kadi s were called biti . Terms in the registers such as "rncek bitisi" and "gkce ren bitisi" are as yet unexplanied. Kprl also accepts that the word biti is derived from "pit " which means brush in Chinese. 33
iratori, Sinologische Beitrage zur Geschichte der Trkvlker , Petersburg: 1902, II,16. Also A. von Gabain, Altrkische Grammatik, Leipzig; 1942, 303. Mecdud Mansurolu, "Bitiki", slam Ansiklopedisi , v.2, 657. M. pirli, "Bitiki", Diyanet slam Ansiklopedisi , v. 6, 225. 29 For more informa tion see G. Doerfer, Turkische und Mongolische Elemente im Neupersischen , Wiesbaden: 1965, II/262 - 64. 30 M. Mansurolu, 657. 31 Kemal Eraslan (ed.), Kutadgu Bilig , III, stanbul: 1979, 93- 95. 32 Divan- i Lugat al Turk , stanbul: 1333 (1918), I/127. 33 F. Kprl, Bizans Messeselerinin Osmanl Messeselerine Tesiri , stanbul: 1981, 62- 3. 8
28

Another argument about the origin of the word is put forward by Ipsirli. According to him, many new words were derived from the verb "bitimek ", "to write": "bitigu ", pencil; "bitig/bitik ", writing, inscription, document, letter, book, order, decree; "bitikci ", clerk; "bitigli", owner of the document; "bitiklik ", writing material. 34 Kafesolu says that, some information was found in the Chinese annals about how Turks communicated and prepared official documents by drawing certain signs on wax with an arrow or by carving on sticks. 35 Thus, adds Kafesolu, the origin of Turkish writing should be examined in a Turkish rather than Chinese context. With this in mind, some scholars study Turkish seals on this question. 36 Another point Kafesolu put forward was the question of the origin of the word bitig . He refused the assumption that the word was based on Chinese. To uphold his argument, he noted that Turkish was not a language that was written with a brush, but was a kind of "inscription language" written with steel implements on firm surfaces. Secondly, the word bitig, brush, did exist in Uighur dialect, but underwent some changes

both in formation and in meaning. The word bitig must be a noun derived from a Turkish verb bit/bi- mek . In Chinese this word is "bii(g)".37 Yusuf Has Hacib states that the bitigi lmga was the officer who managed official correspondence in the Karakhanate and he was also confidant of the ruler. Hacib's verse "if you become bitigci lmga, keep your heart secret, don't say a word " expresses his views. 38 Another account, related by Uzunarl, reminds us of Hacib's explanation: "According to S. Sami the word beylikci is originally derived from bitikci. Beylikci is the one who puts in writing important and secret
Kafesolu, ., Trk Milli Kltr , stanbul: 1989, 324. 35 ibid. ibid., 324. 37 ibid., 324. 38 Resat Gen, Karahanli Devlet Teskilati , stanbul: 1981, 258- 59. 9
34 36

matters in official form sent by reis al- kttab (chief of clerks). 39 In former Turkish states, bitekci , in Tabgach, bitekci and lmga and damgac, in Goktrk, Turgis and Uighurs, tugrac in Oghuz, functioned as a class of clerks responsible for official correspondence. Documents had the imperial stamp or seal (tamga, tugra ) of the khakan. 40 We know of the existence of the same posts (bitikci and lmga ) in the Karakhanate, considered as the first Turkish - Muslim dynasty in Turkistan between 840 and 1212. The military was controlled by a divan, a council of state, like the divan under the Seljukids, and this institution had registers covering not only the payments and monthly salaries of soldiers namely "ay bitigi ", but also any kind of change in their positions. 41 Probably the words bitigi and bitiki passed to the Mongols from the Turks through the Uighur clerks. In Mongolian there were similar words such as biig (to write), biiki (clerk) and biig- n tsimel (an officer in the chancery). 42 Uighur influence had important place in the organisation of the Mongol Empire and we have many legal and financial terms that reflect this. 43 For the Ilkhanids, (1256- 1344), Ulug Bitiki was the head of the chancery office. He was the one who was responsible for writing any official document such as a decree, diploma, or letter issued by the council of state as well as for guiding the clerks under him called bitiki or bahshi .44 In Turk- ruled states in Egypt too, the word bitiki that meant clerk existed: "When Izzeddin Ahmet died he was one of the bitikis ".45 The influence of the Ilkhanids, as in many fields, was undoubtedly
. Hakk Uzunarl, Merkez ve Bahriye Tekilat, Ankara: 1988, 39. Kafesolu, 266. 41 R. Gen, Karahanllar", Doutan Gnm z e Byk slam Tarihi , stanbul: 1992, VI, 174- 5. 42 W. Schmidt, Mongolish- Deutsch - Russisches Wrterb , Petersburg: 1835, 109, cited in M. Mansurolu, 657. 43 Ahmet Caferolu, "Uygurlarda Hukuk ve Maliye Istlahlari", Trkiyat , v.4, 1- 43; For Chinese influence on the Uighurs see Uzunarl, Osmanl Devletine Medhal , Trk Tarih Kurumu, Ankara: 1975, 174. 44 Uzunarl, 219; for "Bahi" see Kprl, "Bahi", slam Ansiklopedisi , v.2, 23338. 45 Uzunarl, 187. 10
39 40

important on the art of official writing in the Ottoman State, in other words, on Ottoman diplomatics. The style and method of the Ilkhanids was applied by the Ottomans, especially the introductory protocol, sanction and final protocol in official documents such as fermans, (orders dispatched by the sultans), and berats. 46 The Seljukids including the Seljukids of Rum had sahib- i tugra, tugrai , nishanc and pervance /pervane as holders of the imperial monogram. These officers' duty was to write down fermans, berats, as well as land registers. The

Karakoyunlus and Akkoyunlus also had a divan in which pervani did the same duty. The word biti was used by the Anatolian principalities and the Ottoman State until the reign of Bayezid II. In the Arvanid register belonging to the time of Murad II we see the word many times. According to Halil nalck 47 "The terminology and diplomatic rules in the first documents issued by the state and of customary- sultanic nature give clear demonstration of the continuation of the Turco- Iran tradition in official writing. The term biti was rooted in the Uighur influence expanded during the Ilkhanid sovereignty in Iran and Anatolia. We know that there were clerks who wrote excellently in Uighur in the divan of Mehmed the Conqueror, but instead of bitiki (clerk) the Ottomans used the term yazc".48 b. Other terms for Berat Before the use of berat, hkm was a term with the same meaning. Hkm is literally a command, order, decision, power, supremacy. It can also mean to act as kadi , or, more generally, to influence something. 49 Written orders of the sultans on any issue or duty are called hkm- i
See Mehmed b. Hinduahi, Dstur al Katib fi Ta'yin al Meratib , in the Kprl Library, stanbul, numbe r 1241. See also Uzunarl, Medhal , 220. 47 nalck, "Reis'l - kttab", slam Ansiklopedisi , v. 9, 672. 48 The word "yazc" still exists in contempor a ry Uzbek- Turkish and also in some other turkic dialects as "yazucuv". 49 Osmanli - Trke Ansiklopedik Byk Lgat , Trdav, Istanbul: 1981, I, 822. 11
46

hmayun , an imperial order. Regardless of the office which issued the order, all sultanic documents were generally considered as hkm . The register covering orders concerning any financial issue was called "the register for financial hkms (orders). A Hkm sent to a governor or an administrator was a ferman , if it was for an appointment or privilege, it was a berat or ruus . There are some hkm s with tura , the imperial monogram, named "clean ahkam- i sherife (respected orders) with nishan- i hmayun (imperial monogram)". 50 In this kind of document some places were blank in order to be filled in when necessary. Thus, according to subject and work, hkm s were given names like ferman, nishan, berat, tevki', menshur . The terms such as hkm- i hmayun, hkm- i sherif, hkm- i cihan- ara, hkm- i cihan muta, hkm- vacibi'limtisal define the hkm as a command or a decree. The term ferman , except in the early times, was decisively adopted by Ottoman diplomatics. In the Arvanid Register, the earliest land register available in the Ottoman Archives (h 835- 1432), we notice terms repeatedly used, such as mektub, berat, berat of pasha, biti of pasha, biti, berat of sultan, biti of beg (governor), order of sultan. The word pervane was very rare. Biti and berat were used with the same meaning for pashas and begs, while biti was not used for the sultan. Instead, we have biti of sultan , or hkm of sultan .51 On the other hand, what the register means by "the existence of a hkm by the sultan" is, in fact, nothing but a berat. In the same register, as a substitute for "hkm by the sultan", we find "berat by the sultan". 52 The terms mithal and tevki' have the same meaning. In the Seljukids of Rum a mithal is a document issued not by the sultan but
See Hoca Saadeddin, Tacu't - Tevarih , II, 322, for the letter sent by Selim I to dris - i Bitlisi dated h. 921/1515, concerning the grant of sanjaks, adminis t r ative units, to the begs in Diyarbakir who remained loyal to the sultan. In the letter he noticed that they were sent a clean "ahkam- i sherife with nishan - i hmayun and tura ". 51 nalck (ed.), Hicri 835 Tarihli Suret - i Defter - i Sancak - i Arvanid , 2nd edition,
50

Ankara: 1987, 69, 77. 52 nalck, (1987), 72, 197, 198. 12

by high officials such as viziers to order or advise lower officials. The Ottomans interchangeably used the terms mithal and ferman, nishan, tevki' , or even tura . The documents generally begin with a formula: "the reason why this respected imperial tevki' is written is that ..." or "the reason why this unique mithal and ferman should be obeyed is that ...". In some fermans, mithal and nishan have the same meaning: "Nishan- i hmayun and mithal - i meymun " (imperial nishan and sacred mithal ).53 There are many examples in early Ottoman works on writing (i.e. Menahic ) which demonst rate that the words such as kitab, kitab- i hmayun, mithal, tevki', nishan were used as substitutes for one another in the fifteenth century. This may be a result of a trial period in constructing formulae. Thus, it is possible to see the terms used interchangeably in the same document. In the nishan of Sleyman elebi, dated h. 815/1412, for example, in the beginning "kitab" is used , then "tevki'" and finally "mektub" with the same meaning. 54 Another example is the biti of Musa elebi, dated h. 815/1412, in which biti , mektub and nishan are used. 55 The nishan of Mehmed I dated h. 823/1420 uses the terms mithal, tevki' and ferman .56 In some berat s we observe that the term kitab (like hkm ), in accordance with Islamic tradition, had a comprehensive meaning that covered any kind of document. 57 Yarlk, Yarl We know that amongst the Mongols and in Mongol originated states
Uzunarl, "Tura ve Peneler", Belleten , Ankara: 1941, XVII-XVIII, 130- 31. Topkap Saray Mzesi Arivi, The Archives of Sinan Paa, number 152; Tahsin z, Tarih Vesikalari , I, number 4; P. Wittek, Wiener Zeitschrift fr die Kunde des Morgenlandes , LVII, 102. 55 T. Gkbilgin, "XV-XVI.asirlarda Edirne ve Paa Livasi", Istanbul University, Edebiyat Fakltesi, Istanbul, 1952: 172. 56 Feridun Bey, Mecmua - i Muneatu's - Selatin , Takvimhane - i Amire [Istanbul] 127475: I, 166. 57 For more informa tion on uses of this kind see M. Hamidullah, Al Vesaik al Siyasiyye , doc. numbe r V, VII, XVII. 13
53 54

such as the Golden Horde and the Crimean and Kazan Khanates, yarlk was the name of letters sent to foreign rulers and, in particular, of diplomas granting privileges. 58 Yarlk must have been in the form of a sultanic order, namely a ferman. Besides it is a fact that these documents have been clearly identified as "yarlk".59 According to Ilkhanid traditions official documents (amsele) and laws (carluk, yarlug, ferman) were prepared by officials called bitiki under the control of the head of all clerks, namely the mnshi - i divan bzrg and all the documents had the imperial seal "paiza". In the chancery (divan- bzrg- i lhan ), were sections for Mongolia, Persia, north China, Tibet and Tangut. Therefore each document was written in the original language of its destination. 60 The Ilkhanids applied the traditional Mongol approach and at the beginning of a document, used the formula "Mengi tengri kndr", (in the power of God), which would become, with Islam, Besmele. They then simply indicated the addressee and addresser in a formula (such as "by the order of .... to ....") and used red (kzl tamga) or black (kara tamga) seals. 61 The rulers of the Golden Horde used the term "yarlk" for their orders, especially concerning the making of coin, - "yarlug- hmayun"

or "hkm- i hmayun". 62 Later on, this term passing through the

In Uigur document s yarlk is the order of the sultan. In Divan- Lgat al - Trk yarl is a written order of the sultan. (See "Uygurlarda Hukuk ve Maliyet Istlahlar", Trkiyat Mecmuas , IV, 32.) Later "nishan" replaced yarl and sometimes it was called "Aldamga". According to Ali ir Nevai, in the 15 th century Mongols used "nishan", "mhr", "tura" instead of "yarl", "basma", and "alamet". However the Ottomans used "nishan" as berat, yarl, ferman and even tura. In fermans "nishan" means berat as well as ferman and yarl. 59 Yarl of the Toktam Khanate, 21- 23: "Alt nianlk yarlk tuttuk"; yarlk of the Timur Kutluk Khanate, 23,24: "Altn nianlk al tamgalk yarlk bildirildi"; yarlk of the Hac Giray Khanate, 34: "Bu yarln "; 51: Altn nianl al tamgal yarl birdimiz". But bitiks do not always have the term biti or bitik. See first and second letter of Mengi giray Khan, 84- 88. In these document s we see the terms "tahiyyetname" and "mektub". These bitiks actually are like Ottoman name - i hmayu n , sultanic letter. See A. N. Kurat, Topkap saray Mzesi Arivindeki Altn Ordu, Krm veTrkistan Hanlarna Ait Yarlk ve Bitikler , stanbul, 1940, 4. 60 Nadir Devlet, "lhanllar", Doutan Gnm z e Byk slam Tarihi , IX, 82- 83. 61 ibid. 62 ibid. (quoted from B. Spuler, Die Goldene Horde , Die Mongolen in Russland , 1223- 1502, 267- 270.) 14
58

lkhanids, was used by the Anatolian Seljukids, Karakoyunlu, Akkoyunlu and, though rarely, in the Mamluks. As to the Ottomans, the term was not used as a separate document category, but in berats and fermans as a formula such as "yarl- beli". Menshur was another widely used term. It was the name of documents granted to land holders under the Abbasids, of particular diplomas making appointments under the Fatimids, and for any kind of diplomas making appointment s under the Eyyubis and Seljukids. The Mamluks too had menshur documents concerning land holding. The most important characteristic of it was that it was granted by the sultan himself and had his name on it. 63 The Seljukid sultan Muhammed Tapar (h 498- 511/1105 - 1118) granted the region of Syria to Atabeg Tutekin in h 150/1116 by giving him a menshur. We have the text of this important menshur , written by a famous caligrapher, Turai Ebu Ismail al- Huseyni al- Isfehani, in Ibn al Kalanisi's Zeylu Tarih- i Dmak.64 This document, rather like Ottoman menshur s concerning vezaret, granted many privileges and rights to Atabeg Tutekin. The document, an original and remarkable one, displays the situation of the relationship between the Seljukids and The Atabeg of Damascus. 65 It also has the characteristics of a menshur in Persian of the time, in terms of diplomatics. 66 Later Developments In Ottoman dictionaries, the term Berat, (diplome /ordonance royale in french; privilege in english; befehl in german) has always been dealt with in terms of what it meant at that time. Thus a berat was "a kind of diploma for immunity" in Lugat - i Osmaniyye (h. 1286), "a letter whose
For more informa tion on mensh ur, see Kalkashandi, Subhu'l - asha , XIII, 150- 165. pub. by Amedroz, Beyrut 1908, 193- 197. 65 See Cokun Alptekin, "Byk Seluklular", Doutan Gnm z e Byk slam Tarihi , VII, 167; "Dmak Atabeglii" Doutan Gnm z e Byk slam Tarihi , VII, 481. See also A. zaydn, Sultan M. Tapar Devri Seluklu Tarihi 498- 511/110 5 1118, Trk Tarih Kurumu, Ankara, 1990, XXII-XXXIII. 66 See C. Alptekin, for summa ry of that document. 15
63 64

plural is berevat" in Ahter - i Kebir (h. 1316), "an official document used for granting patents, positions, civil service jobs, pay, and several immunities by the state" in Kamus - i Osmani (h. 1329). Lehe- i Osmani, by Ahmet Paa, does not mention the term, but we find it in the "ferman " article: "Order, letter of order, sentence, yarl , extensive

berat ". In works on the diplomatics of the nineteenth century, berat is "an official document of immunity written in divani form, with imperial seal for granting various appointment s (cihat - mtenevvia )".67 Another definition says that berat "is the name for ferman s granted by Evkaf - Hmayun Nezareti (the Office of Imperial Foundations) to those who hold an official post for religious services such as imamet , kitabet or tevliyet .68 Comparing the last two definitions, the latter has the expression "religious services" instead of "various appointments" used in the first both indicating berat s granted for posts concerning religion or religious foundations. Besides, in the latter the only government office authorized to grant berat is the Evkaf - Hmayun Nezareti . This was the result of the Tanzimat era, in which judicial, legal and administrative institutions underwent many changes, and appointment s by berat were restricted to a small group of services concerning Evkaf - Hmayun Nezareti . According to Recyhman and Zajaczkowski, the term was "applied particularly to diplomas dealing with the appointment of dignitaries, with the granting of feudal estates, and with the specification of obligations." 69 Finally we have to mention that there are other berat s such as "ahidname", and "temlikname - mlkname" which are not included in this study because of different diplomatic features, and these would be the subject of another study.
Mehmet Tevfik, Usul - i na ve Kitabet , stanbul, 1307, 417. 68 Muhyiddin, M., Mneat ve Muamelat - Askeriyye , stanbul: 1307, 417. 69 Handbook of Ottoman - Turkish Diplomatics , trans. by A. Ehrenkreut z, The Hague, Paris: 1968, 136. 16
67

Dr.Nejdet Gk History Department University of Bilkent Ankara - TURKEY

17

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An Introduction to the Berat in Ottoman Diplomatics1

I would like to express my gratitude to Professor Halil nalck whose encouragement in researching and writing this article is invaluable. I also would like to acknowledge Professor Paul Latimer for editing and contributations and Boa Babr Turna for his pains taking efforts in the recelization of this project.
1

In Ottoman diplomatics berat is a kind of document issued by the sultan in order to grant a privilege (or to make an appointment of a dignitary), or to confer the right to possession of a property belonging to the state, it can be both an official approval of an act and an order for third parties to comply with an act.2 As well as being a simple grant, it may also be a notification of regulations concerning the requirements of service consequent of that grant.3
For further informa tion see Nejdet Gk, Beylikler Dneminden tibaren Osmanl Diplomatikasnda Berat Formu , Marmara University, Unpublished PhD disser ta tion; see also "Berat" and "Bara'a", Encyclopedia of Islam, v. 1. 3 nalck, H. "Osmanl Hukukuna Giri", in Osmanl mparator luu, Eren, stanbul: 1993, 339. See also nalck, Ottoman Galata , Isis, stanbul: 1991; and "The Status of the Greek orthodox Patriarch under the Ottomans", Turcica , XXI-XXIII, 1991, 407-436.
2

In the early history writings, we see the term "berat " for the first time in Ashkpashazade. The document informs us that sultan Murad granted timar by his own berat, and in Bayezid's time too, berats for timar appointments were granted in the name of Bayezid.4 In Ottoman official documents the first use of the term is found in the register

for the sandjak of Arvanid, the earliest tahrir register (dated H. 835) in the Ottoman Archives.5 As for original documents from the time of Bayezid II, berat replaced the terms such as biti, nishan and mithal.
4 5

Ash kpasha z a de, Tevarih - i Al - i Osman , Istanbul, 1332, 65. nalck, Hicri 835 Tarihli Suret - i Defter - i Sancak - Arvanid , Ankara, 1987, 6,7.

A "Beratl ", the one who has a berat in hand, was the person with a privilege or a license. "Eli beratl " meant a man of authority or power. This meaning, from the eighteenth century, was used for ambassadors, translators, their assistants and non- Muslim subjects of the Empire who had been granted berat.6
6

Lewis, Bernard, "Beratl", EI, v. I, 1171.

a. Berat in Islamic Literature In the Quran, the word appears twice as "Beratun ": First, in the surah named Kamer, the Moon, ayat 43: "What, are your unbelievers better than these? Or have you an immunity in the Scriptures?"7 In this ayat, "beraet " is salvation, immunity or a kind of warranty. The ayat warns the unbelievers, stating that they have to have a more powerful suppor t than either the Pharaoh's army or a Berat granting a safeconduct to them. It is clear that berat here is a diploma providing power or safety. The first ayat of the surah Tevbe , Repentance, is the second to contain the word. This surah, upon which the mufessirs comments differ, has been called Berae as well. At the beginning it is told that unbelievers are granted a truce by God and the Prophet for four months and promised that they will be "unmolested" during that time. This comment fits in with the meaning in the surah Kamer. However, according to some other commentators who take into consideration the rest of the surah that mentions a future war after this period of immunity, beraet means "ultimatum", or "to break off any kind of relation", or "to keep a distance between".8 Another word from the same root, Beri, has generally this meaning in the Quran.
7 8

The Koran , trans. by N. J. Dawood, Penguin, London, 1990, 529. Suat Yldrm, Kur'an- Hakim ve Aklamal Meali , stanbul: 1998, 198.

As explained in Mufredat and Besair9, the root of beraet can mean "to get rid of, to get away from something unpleasant". Kad Beydavi states that the word beraet, in his tefsir of the ayat 54 in the surah Bakara, means to become purified or clarified". Becoming beri for a sick person, or for a person in debt, indicates recovery in either case. The person recovers from the illness, or he ceases to be in debt. In "the creation of Adam out of mud", the act of berae is to create by purifying something.10 Another example concerning this act is expressed in Mecelle as a legal term: "Absence or exemption of obligation or responsibility is essential". This exemption has a purity in itself and it is a consequence of the creation. Acquittal from a guilt has a similar nature, it can be considered as a matter of "purity". However, in the ayat, the term is based on a political and diplomatic concern. Abu Bakr Razi argues that according to the Quran beraet refers to breaking off any kind of relationship, and removing someone from the protection of an agreement.11 F. Razi, too, explains the term as abolition of an immunity.12 Thus, it is possible to observe two different meanings present at the same time. But its definition in respect to legal terminology, - especially international law- , seems to be more appropriate. It is rather the breaking off of a relationship than becoming pure and faultless, and this act of breaking off of a diplomatic relationship requires a declaration of war that consists of a truce beforehand.
Ragib al Isfahani, al Mufredat li Garib al Kur'an , Ebu Hayyan al Tevhidi, al Besair ve al Zahir cited in Elmall M. H. Yazr, Hak Dini Kur'an Dili, Istanbul: 1996, v. IV, 265- 67 10 al Beydavi, Envar al Tenzil ve Esrar al Te'vil , vol I, 81, see also al Zebidi, 45. 11 al Cessas, Ahkam al Kur'an , IV, 264. 12 Fahreddin Razi, Mefatih al Gayb , XVI, 225.
9

It is obvious that this ayat has the style of a diplomatic letter consisting of an intitulatio, where the name or rank of the person issuing the document is mentioned and of an inscriptio, where the name of the addressee is mentioned. Here what we have is not just an ordinary letter, but all the requirements of an official notification, an ultimatum or an abolition of a treaty: "A declaration of immunity (berat) from God and His apostle to the idolaters with whom you have made agreements. For four months you shall go unmolested in the land."13 Another example is one of the sacred times for Muslims which is called the night of the berat. The main idea is the same: a kind of immunity or privilege for believers who want to be exempted, and forgiven. According to the ayat, the truce of four months granted to the idolaters was a privilege of the same kind. So can be the berat of Ottoman diplomatics as a legal diploma.
13

The Koran , 186.

By examining the surah Repentence we find certain basics about the berat : 1. Berat is granted only to the idolaters with whom a treaty has been concluded. It will be valid as long as they remain loyal. The prerequisite of the berat is an established treaty. 2. The person or party who grants a berat is more powerful than the other party. One of the parties is the superior, and the other is the inferior. Thus, this is a matter of "donation". 3. In return for granting a berat the subordinate party will have responsibilities. 4. Berat concerns third parties as well. (The surah , Repentance, addresses all Muslims, and they are expected to obey). 5. Berat is granted for a certain period of time that depends on the manner of the subordinate party. 6. The absence of besmele, the invocation "In the name of God, the Merciful, the Compassionate ", is treated by some scholars as remarkable. In berats, unlike other Ottoman documents, there is no besmele, the invocation. b. Berat and Berit Taking the connection between Arabic and Hebrew into consideration it can be argued that there is a relationship between berat and the Hebrew word berit that indicates a similar meaning. It is a widely known fact that, since the first year of the Hegira, many works have been written concerning the words adapted by Arabic from different Semitic languages.14 The Hebrew root b- r- a, as in Arabic, is the verb "to create".15 The word berit, derived from the same root, means covenant, agreement or obligation between individuals, groups or ruler and subjects.16 In the Old Testament there are covenants established between God and man. Noah and his followers were granted a berit in order to prevent a second flood and a bow was put onto a cloud (a rainbow) as a sign of the covenant (Genesis, 6/18, 19; 9/12, 15, 16). Abraham and the Israelites, too, were granted a berit in which they were expected to obey the divine rules, to circumcise their sons, and to avoid adultery and indecency (7/8). In return, the land of Cana'an was promised to them by God (Genesis, 13/15, 17; 15/18; 17/2 - 8). When they violated the covenant God punished them (Deuteronomy, 29/25; I. Kings, 19/10; II. Chronicles, 12/1; Jeremiah, 22/9; Daniel, 2/30; Deuteronomy, 17/2; Joshua, 7/11, 23/16; Judges, 2/10; Psalms, 132/12). However they were forgiven then, and another covenant was established (Jeremiah, 31/31 - 34; 32/37 - 42). From then on God would be the Lord of them, and the Israelites would be the people of the Lord (Jeremiah, 31/34).17 Therefore this covenant involved the commitment of the Israelites, known as sons of the covenant.18
Ibn Abbas, Garib al Kur'an . This pamphlet, revised by Ata b. Edu Rebah, is in the Sleymaniye Library, section "Atf Efendi", number 2815/ 8, page 102- 107.On this work, see . Cerraholu, lahiyat Fakltesi Dergisi , Ankara University, XXII, 23, also Ebu Mansur al Cevaliki, al Mu'arreb. (The revised edition of this work by Cemaleddin Abdullah b. Muhamme d al Uzri, a 15 th century scholar, is not published yet. 15 The Dictionary of Classical Hebrew , Sheffield Academic Press, Sheffield: 1995, II, 258. 16 ibid., 264.
14

A. Kk, "Ahid- Dinler Tarihi", Diyanet slam Ansiklopedisi , Diyanet Vakf Yaynevi, stanbul: 1992, v.I, 533. 18 A. Unterma n, "Berit" and "Covenant" in Dictionary of Jewish- lore and Legend , London: 1961.
17

Bari, one of the names of God, has the same root as the word berat.19 Bari is the Creator who has no obligation, no charge, who has no similarity to his creatures' characteristics, who established the universe in a perfect accord and unity. Some scholars claim that the word bari which appears twice in the Quran, is undoubtedly adapted from Hebrew and that the Prophet did not use the term in a particular meaning.20 But according to Topalolu this word existed in various forms indicating God from pre- Islamic times and it was only natural to find similar words defining the divinity in major religions.21 Nevertheless, both arguments suppor t the idea of the existence of a relationship between berat and berit.
B. Topalolu, "Bari", Diyanet slam Ansiklopedisi , v. 5, 73. D. B. MacDonald, "Allah", slam Ansiklopedisi , Milli Eitim Bakanl, stanbul, 1949, v.I, 363. 21 B. Topalolu, 73.
19 20

The word Berat comes from the Arabic word "baraa". In Ottoman Turkish it was used without the hemze. Berat is the infinitive form derived from the verb "b- ra- e".22 The term itself is related to some other words that come from the same root and have specific meanings in particular contexts. In major Arabic dictionaries, the main meaning of its root is given as follows: B- ra- e, when used for God, means "to create without a model or sample" Al- Bari a word derived from the same root, means the Creator, having no similarity to what He has created and composing the whole universe without disorder.23 In the Quran it can be seen that, in general, the verb b- ra- e is used for the creation for those who have spirit, while for things such as the earth or heaven, the verb halaka is used. The idea of distance or transcendence expressed in Al- Bari is appropriate to berat.
Firuzabadi, 8. Ibn Manzur, 22. Firuzabadi, al Kamusu al- Muhit , vol. I, Istanbul, 1230, al Zebidi, Tac al- Arus , vol. I, 44, Ibn Manzur, Lisan al Arabi al Muhit , vol I, 182.
23 22

Beside the meanings "to create" or "creation", it has other meanings: to become clarified, purified, to gain safety, to have immunity or privilege, to be acquitted of a debt or guilt, to recover from an illness, to be exempted from a responsibility.24 According to the root, "to be far away, apart, distant" is also correct for Berats. For the person who is granted a Berat, becomes exalted by obtaining a privilege. Thus he is "purified" or "exempted" from an imperfection.
Ibn Manzur, 182- 83. Al Cevheri, Sihah , vol I, 11. Al Zebidi, 44,45. Firuzabadi, 8-9. Ibrahim Mustafa, Mucem al Vasit , vol I 45- 46.
24

We find the term in hadith. It is used to indicate the notion of exemption, release (from a sin), or dissociation.25
Ebu Davud, "Eyman", 9; Nesai, "Eyman" cit. in A. Bardakoglu, "Beraet", Diyanet Islam Ansiklopedisi , V/470- 1.
25

In the theory of law berat has an important place. Beraet - i asliyye, the principal beraet, is interpreted as innocence, or absence of accusation or responsibility. In criminal law this means that if there is no proof to the contrary, the person is guiltless. In the law of obligation it is an exemption from a debt. Mecelle, the Ottoman civil code, states that the principal "freedom from obligation is essential" and describes the same understanding in a wider sense. In the time of mer, the second Caliph, the non- Muslim subject who had already paid their tax was granted a berat in order to prevent abuses.26 In commercial law, bay al berae , makes the seller immune from any obligation if the sold object has defects. 15 th of Shaban, night of the berat, having a sacred importance, is considered as a general immunity, a release from sin or guilt. This night is also called as night of sakk, the night of the diploma.27
26 27

Hamidullah, M., Mecmuat al Vesaik al Siyasiyye, Cairo, 1956: numbe r 43. Elmal l , VII/67- 68. See also H. nal, "Berat Gecesi", Diyanet slam Ansiklopedisi, v. 5, 475- 76.

Equivalents of the Berat in the Ottoman Empire In Ottoman diplomatics the use of the word berat became widespread from the last quarter of the fifteenth century onwards. Before that, many words expressed the same meaning, while some of these were used interchangeably in the same document until the end of the Empire. These are: biti, bitik, hkm, mithal, tevki, kitab, nishan, ferman etc. a. The Use of Biti, Bitik In documents written in the second half of the fourteenth century and in the fifteenth century, the word biti had different meanings, such as letter, word, berat, hkm, nishan, mithal. We do not know about the etymology of the word biti and its root bitimek. However, it is assumed that the word comes from a Chinese word "pi- bit/piet " which means writing- brush.28 In various dialects of the Turkish language, biti, bitik, bitiv, bituv, buti all mean writing or letter. Bitiglig (the owner of a written document) and bitigu (ink) come from the same root.29 Bitig tili is language of a book; bitig ostasi, a teacher; ulug bitikci (in eastern dialect) the head of the clerks.30
iratori, Sinologische Beitrage zur Geschichte der Trkvlker, Petersburg: 1902, II,16. Also A. von Gabain, Altrkische Grammatik, Leipzig; 1942, 303. Mecdud Mansurolu, "Bitiki", slam Ansiklopedisi, v.2, 657. M. pirli, "Bitiki", Diyanet slam Ansiklopedisi , v. 6, 225. 29 For more information see G. Doerfer, Turkische und Mongolische Elemente im Neupersischen , Wiesbaden: 1965, II/262 - 64. 30 M. Mansurolu, 657.
28

Yusuf Has Hacib mentions an officer "bitikci, bitikci lmga " who conducted the correspondence of the sultan and who was the confidant31 According to Kasgarli Mahmud "ilimga " was the person who wrote the letters of the sultan in Turkish.32 Fuat Kprl argues, in his explanation of the word "nishan ", that official documents written in the fourteenth and fifteenth century are called "biti" instead of "nishan". The documents belonging to the earliest Ottoman sultans, published by Kraelitz in TOEM, prove this claim. In the waqf registers of the time, says Kprl, "emirname ", decrees by the sultan or prince, were called "nishan", while those by begs , beglerbegs and kadis were called biti. Terms in the registers such as "rncek bitisi" and "gkce ren bitisi" are as yet unexplanied. Kprl also accepts that the word biti is derived from "pit " which means brush in Chinese.33
Kemal Eraslan (ed.), Kutadgu Bilig , III, stanbul: 1979, 93- 95. Divan- i Lugat al Turk , stanbul: 1333 (1918), I/127. 33 F. Kprl, Bizans Messeselerinin Osmanl Messeselerine Tesiri , stanbul: 1981, 62- 3.
31 32

Another argument about the origin of the word is put forward by Ipsirli. According to him, many new words were derived from the verb "bitimek ", "to write": "bitigu ", pencil; "bitig/bitik ", writing, inscription, document, letter, book, order, decree; "bitikci ", clerk; "bitigli", owner of the document; "bitiklik ", writing material.34 Kafesolu says that, some information was found in the Chinese annals about how Turks communicated and prepared official documents by drawing certain signs on wax with an arrow or by carving on sticks.35 Thus, adds Kafesolu, the origin of Turkish writing should be examined in a Turkish rather than Chinese context. With this in mind, some scholars study Turkish seals on this question.36 Another point Kafesolu put forward was the question of the origin of the word bitig . He refused the assumption that the word was based on Chinese. To uphold his argument, he noted that Turkish was not a language that was written with a brush, but was a kind of "inscription language" written with steel implements on firm surfaces. Secondly, the word bitig, brush, did exist in Uighur dialect, but underwent some changes both in formation and in meaning. The word bitig must be a noun derived from a Turkish verb bit/bi- mek. In Chinese this word is "bii(g)".37
Kafesolu, ., Trk Milli Kltr , stanbul: 1989, 324. ibid. 36 ibid., 324.
34 35

37

ibid., 324.

Yusuf Has Hacib states that the bitigi lmga was the officer who managed official correspondence in the Karakhanate and he was also confidant of the ruler. Hacib's verse "if you become bitigci lmga, keep your heart secret, don't say a word " expresses his views.38 Another account, related by Uzunarl, reminds us of Hacib's explanation: "According to S. Sami the word beylikci is originally derived from bitikci. Beylikci is the one who puts in writing important and secret matters in official form sent by reis al- kttab (chief of clerks).39
38 39

Resat Gen, Karahanli Devlet Teskilati , stanbul: 1981, 258- 59. . Hakk Uzunarl, Merkez ve Bahriye Tekilat, Ankara: 1988, 39.

In former Turkish states, bitekci , in Tabgach, bitekci and lmga and damgac, in Goktrk, Turgis and Uighurs, tugrac in Oghuz, functioned as a class of clerks responsible for official correspondence. Documents had the imperial stamp or seal (tamga, tugra ) of the khakan.40 We know of the existence of the same posts (bitikci and lmga ) in the Karakhanate, considered as the first Turkish - Muslim dynasty in Turkistan between 840 and 1212. The military was controlled by a divan, a council of state, like the divan under the Seljukids, and this institution had registers covering not only the payments and monthly salaries of soldiers namely "ay bitigi ", but also any kind of change in their positions.41 Probably the words bitigi and bitiki passed to the Mongols from the Turks through the Uighur clerks. In Mongolian there were similar words such as biig (to write), biiki (clerk) and biig- n tsimel (an officer in the chancery).42 Uighur influence had important place in the organisation of the Mongol Empire and we have many legal and financial terms that reflect this.43 For the Ilkhanids, (1256- 1344), Ulug Bitiki was the head of the chancery office. He was the one who was responsible for writing any official document such as a decree, diploma, or letter issued by the council of state as well as for guiding the clerks under him called bitiki or bahshi.44
Kafesolu, 266. 41 R. Gen, Karahanllar", Doutan Gnm z e Byk slam Tarihi , stanbul: 1992, VI, 174- 5. 42 W. Schmidt, Mongolish- Deutsch - Russisches Wrterb , Petersburg: 1835, 109, cited in M. Mansuro lu, 657. 43 Ahmet Cafero lu, "Uygurlarda Hukuk ve Maliye Istlahlari", Trkiyat , v.4, 1- 43; For Chinese influence on the Uighurs see Uzunarl, Osmanl Devletine Medhal , Trk Tarih Kurumu, Ankara: 1975, 174. 44 Uzunarl, 219; for "Bahi" see Kprl, "Bahi", slam Ansiklopedisi , v.2, 233-38.
40

In Turk- ruled states in Egypt too, the word bitiki that meant clerk existed: "When Izzeddin Ahmet died he was one of the bitikis".45 The influence of the Ilkhanids, as in many fields, was undoubtedly important on the art of official writing in the Ottoman State, in other words, on Ottoman diplomatics. The style and method of the Ilkhanids was applied by the Ottomans, especially the introductory protocol, sanction and final protocol in official documents such as fermans, (orders dispatched by the sultans), and berats.46 The Seljukids including the Seljukids of Rum had sahib- i tugra, tugrai , nishanc and pervance/pervane as holders of the imperial monogram. These officers' duty was to write down fermans, berats, as well as land registers. The Karakoyunlus and Akkoyunlus also had a divan in which pervani did the same duty.
Uzunarl, 187. See Mehmed b. Hinduahi, Dstur al Katib fi Ta'yin al Meratib , in the Kprl Library, stanbul, number 1241. See also Uzunarl, Medhal, 220.
45 46

The word biti was used by the Anatolian principalities and the Ottoman State until the reign of Bayezid II. In the Arvanid register belonging to the time of Murad II we see the word many times. According to Halil nalck47 "The terminology and diplomatic rules in the first documents issued by the state and of customary- sultanic nature give clear demonstration of the continuation of the Turco Iran tradition in official writing. The term biti was rooted in the Uighur influence expanded during the Ilkhanid sovereignty in Iran and Anatolia. We know that there were clerks who wrote excellently

in Uighur in the divan of Mehmed the Conqueror, but instead of bitiki (clerk) the Ottomans used the term yazc".48
nalck, "Reis'l - kttab", slam Ansiklopedisi , v. 9, 672. The word "yazc" still exists in contempor a ry Uzbek- Turkish and also in some other turkic dialects as "yazucuv".
47 48

b. Other terms for Berat Before the use of berat, hkm was a term with the same meaning. Hkm is literally a command, order, decision, power, supremacy. It can also mean to act as kadi , or, more generally, to influence something.49 Written orders of the sultans on any issue or duty are called hkm- I hmayun , an imperial order. Regardless of the office which issued the order, all sultanic documents were generally considered as hkm. The register covering orders concerning any financial issue was called "the register for financial hkms (orders). A Hkm sent to a governor or an administrator was a ferman , if it was for an appointment or privilege, it was a berat or ruus . There are some hkm s with tura , the imperial monogram, named "clean ahkam- i sherife (respected orders) with nishan- i hmayun (imperial monogram)".50 In this kind of document some places were blank in order to be filled in when necessary. Thus, according to subject and work, hkm s were given names like ferman, nishan, berat, tevki', menshur . The terms such as hkm- i hmayun, hkm- i sherif, hkm- i cihan- ara, hkm- i cihan muta, hkm- vacibi'limtisal define the hkm as a command or a decree. The term ferman , except in the early times, was decisively adopted by Ottoman diplomatics. In the Arvanid Register, the earliest land register available in the Ottoman Archives (h 835- 1432), we notice terms repeatedly used, such as mektub, berat, berat of pasha, biti of pasha, biti, berat of sultan, biti of beg (governor), order of sultan. The word pervane was very rare. Biti and berat were used with the same meaning for pashas and begs, while biti was not used for the sultan. Instead, we have biti of sultan , or hkm of sultan .51 On the other hand, what the register means by "the existence of a hkm by the sultan" is, in fact, nothing but a berat. In the same register, as a substitute for "hkm by the sultan", we find "berat by the sultan".52
Osmanli - Trke Ansiklopedik Byk Lgat , Trdav, Istanbul: 1981, I, 822. See Hoca Saadeddin, Tacu't - Tevarih , II, 322, for the letter sent by Selim I to dris - i Bitlisi dated h. 921/1515, concerning the grant of sanjaks, administrative units, to the begs in Diyarbakir who remained loyal to the sultan. In the letter he noticed that they were sent a clean "ahkam- i sherife with nishan - i hmayun and tura ". 51 nalck (ed.), Hicri 835 Tarihli Suret - i Defter - i Sancak - i Arvanid , 2nd edition, Ankara: 1987, 69, 77. 52 nalck, (1987), 72, 197, 198.
49 50

The terms mithal and tevki' have the same meaning. In the Seljukids of Rum a mithal is a document issued not by the sultan but by high officials such as viziers to order or advise lower officials. The Ottomans interchangeably used the terms mithal and ferman, nishan, tevki' , or even tura. The documents generally begin with a formula: "the reason why this respected imperial tevki' is written is that ..." or "the reason why this unique mithal and ferman should be obeyed is that ...". In some fermans, mithal and nishan have the same meaning: "Nishan- i hmayun and mithal - i meymun " (imperial nishan and sacred mithal ).53
53

Uzunarl, "Tura ve Peneler", Belleten, Ankara: 1941, XVII-XVIII, 130- 31.

There are many examples in early Ottoman works on writing (i.e. Menahic ) which demonstrate that the words such as kitab, kitab- i hmayun, mithal, tevki', nishan were used as substitutes for one another in the fifteenth century. This may be a result of a trial period in constructing formulae. Thus, it is possible to see the terms used interchangeably in the same document. In the nishan of Sleyman elebi, dated h. 815/1412, for example, in the beginning "kitab" is used , then "tevki'" and finally "mektub" with the same meaning.54
Topkap Saray Mzesi Arivi, The Archives of Sinan Paa, number 152; Tahsin z, Tarih Vesikalari, I, number 4; P. Wittek, Wiener Zeitschrift fr die Kunde des Morgenlandes , LVII, 102.
54

Another example is the biti of Musa elebi, dated h. 815/1412, in which biti, mektub and nishan are used.55 The nishan of Mehmed I dated h. 823/1420 uses the terms mithal, tevki' and ferman.56 In some berats we observe that the term kitab (like hkm ), in accordance with Islamic tradition, had a comprehensive meaning that covered any kind of document.57
T. Gkbilgin, "XV-XVI.asirlarda Edirne ve Paa Livasi", Istanbul University, Edebiyat Fakltesi, Istanbul, 1952: 172. 56 Feridun Bey, Mecmua - i Muneatu's - Selatin , Takvimhane - i Amire [Istanbul] 1274-75: I, 166. 57 For more informa tion on uses of this kind see M. Hamidullah, Al Vesaik al Siyasiyye , doc. numbe r V, VII, XVII.
55

Yarlk, Yarl We know that amongst the Mongols and in Mongol originated states, such as the Golden Horde and the Crimean and Kazan Khanates, yarlk was the name of letters sent to foreign rulers and, in particular, of diplomas granting privileges.58 Yarlk must have been in the form of a sultanic order, namely a ferman. Besides it is a fact that these documents have been clearly identified as "yarlk".59
In Uigur document s yarlk is the order of the sultan. In Divan- Lgat al Trk yarl is a written order of the sultan. (See "Uygurlarda Hukuk ve Maliyet Istlahlar", Trkiyat Mecmuas , IV, 32.) Later "nishan" replaced yarl and sometimes it was called "Aldamga". According to Ali ir Nevai, in the 15 th century Mongols used "nishan", "mhr", "tura" instead of "yarl", "basma", and "alamet". However the Ottomans used "nishan" as berat, yarl, ferman and even tura. In fermans "nishan" means berat as well as ferman and yarl. 59 Yarl of the Toktam Khanate, 21- 23: "Alt nianlk yarlk tuttuk"; yarlk of the Timur Kutluk Khanate, 23,24: "Altn nianlk al tamgalk yarlk bildirildi"; yarlk of the Hac Giray Khanate, 34: "Bu yarln "; 51: Altn nianl al tamgal yarl birdimiz". But bitiks do not always have the term biti or bitik. See first and second letter of Mengi giray Khan, 84- 88. In these documents we see the terms "tahiyyetname" and "mektub". These bitiks actually are like Ottoman name i hmayu n , sultanic letter. See A. N. Kurat, Topkap saray Mzesi Arivindeki Altn Ordu, Krm veTrkistan Hanlarna Ait Yarlk ve Bitikler , stanbul, 1940, 4.
58

According to Ilkhanid traditions official documents (amsele) and laws (carluk, yarlug, ferman) were prepared by officials called bitiki under the control of the head of all clerks, namely the mnshi - i divanI bzrg and all the documents had the imperial seal "paiza". In the chancery (divan- i bzrg- i lhan ), were sections for Mongolia, Persia, north China, Tibet and Tangut. Therefore each document was written in the original language of its destination.60 The Ilkhanids applied the traditional Mongol approach and at the beginning of a document, used the formula "Mengi tengri kndr", (in the power of God), which would become, with Islam, Besmele. They then simply indicated the addressee and addresser in a formula (such as "by the order of .... to ....") and used red (kzl tamga) or black (kara tamga) seals.61
60 61

Nadir Devlet, "lhanllar", Doutan Gnm z e Byk slam Tarihi , IX, 82- 83. ibid.

The rulers of the Golden Horde used the term "yarlk" for their orders, especially concerning the making of coin, - "yarlug- i hmayun" or "hkm- i hmayun".62 Later on, this term, passing through the lkhanids, was used by the Anatolian Seljukids, Karakoyunlu, Akkoyunlu and, though rarely, in the Mamluks. As to the Ottomans, the term was not used as a separate document category, but in berats and fermans as a formula such as "yarl - i beli".
62

ibid. (quoted from B. Spuler, Die Goldene Horde, Die Mongolen in Russland, 1223- 1502, 267- 270.)

Menshur was another widely used term. It was the name of documents granted to land holders under the Abbasids, of particular diplomas making appointments under the Fatimids, and for any kind of diplomas making appointment s under the Eyyubis and Seljukids. The Mamluks too had menshur documents concerning land holding. The most important characteristic of it was that it was granted by the sultan himself and had his name on it.63 The Seljukid sultan Muhammed Tapar (h 498- 511/1105 - 1118)

granted the region of Syria to Atabeg Tutekin in h 150/1116 by giving him a menshur. We have the text of this important menshur , written by a famous caligrapher, Turai Ebu Ismail al- Huseyni al- Isfehani, in Ibn al Kalanisi's Zeylu Tarih- i Dmak.64 This document, rather like Ottoman menshurs concerning vezaret, granted many privileges and rights to Atabeg Tutekin. The document, an original and remarkable one, displays the situation of the relationship between the Seljukids and The Atabeg of Damascus.65 It also has the characteristics of a menshur in Persian of the time, in terms of diplomatics.66
For more informa tion on mensh ur, see Kalkashandi, Subhu'l - asha , XIII, 150- 165. pub. by Amedroz, Beyrut 1908, 193- 197. 65 See Cokun Alptekin, "Byk Seluklular", Doutan Gnm z e Byk slamTarihi , VII, 167; "Dmak Atabeglii" Doutan Gnm z e Byk slam Tarihi , VII, 481. See also A. zaydn, Sultan M. Tapar Devri Seluklu Tarihi 498- 511/110 5 - 1118, Trk Tarih Kurumu, Ankara, 1990, XXII-XXXIII. 66 See C. Alptekin, for summary of that document.
63 64

Later Developments In Ottoman dictionaries, the term Berat, (diplome /ordonance royale in french; privilege in english; befehl in german) has always been dealt with in terms of what it meant at that time. Thus a berat was "a kind of diploma for immunity" in Lugat - i Osmaniyye (h. 1286), "a letter whose plural is berevat" in Ahter - i Kebir (h. 1316), "an official document used for granting patents, positions, civil service jobs, pay, and several immunities by the state" in Kamus - i Osmani (h. 1329). Lehe- i Osmani, by Ahmet Paa, does not mention the term, but we find it in the "ferman" article: "Order, letter of order, sentence, yarl, extensive berat ". In works on the diplomatics of the nineteenth century, berat is "an official document of immunity written in divani form, with imperial seal for granting various appointments (cihat - mtenevvia )".67 Another definition says that berat "is the name for fermans granted by Evkaf i Hmayun Nezareti (the Office of Imperial Foundations) to those who hold an official post for religious services such as imamet, kitabet or tevliyet.68 Comparing the last two definitions, the latter has the expression "religious services" instead of "various appointments" used in the first both indicating berats granted for posts concerning religion or religious foundations. Besides, in the latter the only government office authorized to grant berat is the Evkaf - i Hmayun Nezareti. This was the result of the Tanzimat era, in which judicial, legal and administrative institutions underwent many changes, and appointments by berat were restricted to a small group of services concerning Evkaf - i Hmayun Nezareti. According to Recyhman and Zajaczkowski, the term was "applied particularly to diplomas dealing with the appointment of dignitaries, with the granting of feudal estates, and with the specification of obligations." 69
Mehmet Tevfik, Usul - i na ve Kitabet , stanbul, 1307, 417. Muhyiddin, M., Mneat ve Muamelat - Askeriyye , stanbul: 1307, 417. 69 Handbook of Ottoman - Turkish Diplomatics , trans. by A. Ehrenkreutz, The Hague, Paris: 1968, 136.
67 68

Finally we have to mention that there are other berats such as "ahidname", and "temlikname - mlkname" which are not included in this study because of different diplomatic features, and these would be the subject of another study.

Dr.Nejdet Gk History Department - University of Bilkent Ankara - TURKEY