Slavery, Freedom Suits, and Legal Praxis in the Ottoman Empire, ca. 1590–1710

Abstract

Abstract Beginning with the story of the Muslim youth Mehmed bin Abdülcelil of Tunis, this article examines the plight of Ottoman subjects abducted and sold into slavery within the Ottoman Empire and their efforts to regain freedom through Ottoman courts. Freedom suits (hürriyet davaları) were common in the seventeenth-century Ottoman Empire, so much so that contemporary legal praxis manuals (sukuk) always provided examples of how to document them, but they have never been systematically studied for this period in which slave ownership was extremely widespread and the legality of enslavement depended solely on religion and subjecthood. Drawing on a sample of seventy-nine suits from greater Istanbul and eleven sukuk manuscripts, this article considers how the trade in the illegally enslaved was concealed by the immense traffic in licit captives and how the theoretical protections of Ottoman subjecthood clashed with the practical challenges of how to prove it, exposing the gap between slavery as legal institution and slaving in practice. Whereas the vast majority of freedom suits ended in rulings in favor of the victims, most of the illegally enslaved probably never managed to have their cases heard or were turned away for lack of evidence.