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Chingis Khan's Yasa Author(S): George Vernadsky Source: Harvard Journal of Asiatic Studies, Vol Harvard-Yenching Institute The Scope and Contents of Chingis Khan's Yasa Author(s): George Vernadsky Source: Harvard Journal of Asiatic Studies, Vol. 3, No. 3/4 (Dec., 1938), pp. 337-360 Published by: Harvard-Yenching Institute Stable URL: http://www.jstor.org/stable/2717841 Accessed: 14-09-2015 09:25 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://www.jstor.org/page/ info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Harvard-Yenching Institute is collaborating with JSTOR to digitize, preserve and extend access to Harvard Journal of Asiatic Studies. http://www.jstor.org This content downloaded from 139.179.203.178 on Mon, 14 Sep 2015 09:25:03 UTC All use subject to JSTOR Terms and Conditions THE SCOPE AND CONTENTS OF CHINGIS KHAN'S YASA GEORGEVERNADSKY YALE UNIVERSITY I Under the name of Yasa is knownthe Code of Laws and Ordinances promulgatedby that great Mongol emperor,Chingis Khan.' No com- plete versionof the Yasa has been preservedor at least no manuscript containingit has been as yet discovered. We have at our disposal only fragmentsof Chingis Khan's laws and ordinances,supposed to have been writtendown duringhis lifebut known to us only through later chroniclers.Some of these chroniclers,however, flourished not very long afterthe great emperor'sdeath (d. 192927),and could have collected part of their evidence fromhis contemporaries. It is hard to ascertainwhat of the so-called fragmentsof the Yasa have an actual connectionwith it. We have to bear in mind that in addition to his formal ordinances Chingis Khan used to make his suggestionsor commentson differentoccasions. These are known as Bilik (knowledge).2 Since ChingisKhan himselfwas illiterate,he had to dictate to his secretarieswhat he thought worthy of attention. There must have been quite a number of various writtenversions and fragmentsin circulationof both the Yasa and the Bilik. Some of " 1 Yisi means " ordinance" or law," in Mongolian: jasag (VLADIMIRCOV'S transcrip- tion); in Persian: ydsa, W \.; in Turkish: yasa. The Persian historianJuwaini (d. 1283) uses the term ydsd in the singularto denote each of the laws and ordinances and the plural ydsdhdfor the collectionof the ordinances. He also calls the Code as a whole " The Great Book of Yasa " (yasa nima-i buzurgp. i V, ed. " Gibb Memorial Series "). Cf. B. Ia. VLADIMIRCOV, Obscestvennyjstroj mongolov (Leningrad, 1934) (hereafterquoted as VLADIMIRCOV), p. 10; V. BARTOLD (W. BARTHOLD), Turkestan down to the Mongol Invasion (hereafterquoted as BARTHOLD) (London, 1928), p. 41 f.; I. N. BEREZIN, Oderk vnutrennegoustroistva Ulusa Dzuqieva (St. Petersburg,1864) (herafterquoted as BEREZIN), p. 405. On the Yasa of Chingis Khan see V. A. RIASANOVSKY, MongolskoePravo (Harbin, 1931), (hereafterquoted as RIASANOVSKY), pp. 9 ff.; id., Fundamental Principles of Mongol Law (Tientsin, 1937); C. ALINGE, MongolischeGesetzte (Leipzig, 1934) (hereafterquoted as ALINGE). On Chingis Khan see V. BARTHOLD, "Cingiz Khan," Encyclopediaof Islam, I (1912); B. Ia. VLADIMIRCOV, Cingis Chan (Petersburg-Moscow-Berlin,19202), also available in English: B. VLADI- MIRTSOV, The Life of ChingisKhan (Boston, 1930) (hereafterquoted as VLADIMIRCOV, Chingis Khan, page referencesaccording to the Russian edition). 2 BARTHOLD, p. 42. 337 This content downloaded from 139.179.203.178 on Mon, 14 Sep 2015 09:25:03 UTC All use subject to JSTOR Terms and Conditions 338 GEORGE VERNADSKY them were probably officialcopies, othersmerely private memoranda. Some of the utterancesof ChingisKhan must have been dictated with the purpose of insertingthem into the main body of the Yasa, others were probably meant as only casual remarks. Moreover,the authen- ticity of some of the existingfragments of both the Yasa and the Bilik can be doubted. The problem of the Yasa thus seems to be hopelessly involved. There can, however,be no doubt that the Yasa as a writtendocument actually existed. Its originalwas probablyin Mongol, but theremight have been also a Uigur version of it, since Uigur secretariesplayed such an importantrole in the chanceriesof ChingisKhan and his sons.3 The fact of the existenceof the Yasa has been recordedby several reliable chroniclers. According to Juwaini (d. 1283) copies of the Yasa were preserved in the treasuryof each of the descendants of Chingis Khan.4 Rashid ad-Din (1247-1318), besides quoting certain laws and regulationsfrom the Yasa, mentionsthe existence of it on several otheroccasions.5 The renownedtraveler Ibn Batuta (1304-ca. 1356) whose informa- tion is usually very precise has likewise stated that Chingis Khan composed a book of laws known as al-Yasak.ffMakrizi (1364-1442) was told of a copy of the Yasa available in a libraryin Bagdad.7 Accordingto Rashid ad-Din the firstkhan of the Golden Horde, Batu, orderedobedience to the Yasa forall his subjects under penalty of death.8 And we findaccordingly references to the " Great Yasa" in the charters (Yarlyk) issued by Batu's successorsin favor of the Russian Church.9There were also at least three referencesto Chingis Khan's Yasa in the Statutes of the Yuan [Mongol] Dynasty of China (1320) .10 S VLADIMIRCOV,Chingis-Khan, pp. 116-117. 'Juwaini, Tarikh-i-Jaldn-Gushd,ed. Mirza Muhammad, "Gibb Memorial Series," vol. XVI, I (Leyden and London, 1912), pp. Y-V A; cf. BARTHOLD,p. 41. On Juwaini see E. G. BROWNE, A Literary History of Persia, vol. II (Cambridge, 1928), p. 473; BARTHOLD,Pp. 39-41. 6 BEREZIN, pp. 404 ff. Ibn Batuta, ed. DEFREIMERY (Paris, 1853-1858), vol. III, p. 40. SilvestreDE SACY, Chrestomathiearabe, II (1826), pp. 160-161. 8 BEREZIN, p. 404. 9M. D. PRISELKOV, Chanskie Jarlyki (Petrograd,1916), p. 98. 10P. Popov, " Jasa Cingis-Chanai uloienie Mongolskoj Dinastii," Zapiski Vosto6nogo Otdelenija RusskogoArcheologiceskogo Ob~cestva, vol. XVII (1907), p. 0152 (hereafter quoted as Popov). Cf. also P. RATCHNEVSKY, " Un code des Yuan," Bibliotheqquede l'lnstitut des Hautes Etudes chinoises,vol. 4, Paris, 1937. This content downloaded from 139.179.203.178 on Mon, 14 Sep 2015 09:25:03 UTC All use subject to JSTOR Terms and Conditions THE SCOPE AND CONTENTS OF CHINGIS KHAN'S YASA 339 The Yasa was likewisewell knownin Egypt. In additionto Makrizi's evidence we may here referto Asyuti's (d. 1505) statementthat the Sultan Baibars attempted to make Chingis Khan's Yasa valid in Egypt." Ibn Taghribardi (1411-1466) refersto the Egyptian Amir Artash who had a profoundknowledge of the " Great Yasa." 12 As to the date of the promulgationof the Yasa, both Rashid ad-Din and Makrizi referit to the time of the Great Assembly (Kurultay) summonedby Temujin afterhis victoryover the Keraits, the Naimans and the Merkits (1206).13 This referenceseems to be acceptable. It was at this assembly that Temujin was officiallyproclaimed emperor (great khan) and assumed his new name of Chingis. It was likewise at this date that both the militaryand administrativefoundations of the new Empire were laid. Consequently,it was most likelyin this year (1206) that the codificationof Chingis Khan's Yasa and Bilik was set forth. The expansion of the Mongols to China (from 1211) and to Turkestan (from1219) resulted in transformationof the local Mon- golian khanate into a world power. It was accompanied by a recon- structionof the whole systemof administration.Chinese, Uigur and Persian traditionshave each in turncontributed their patterns to the organizationof Chingis Khan's empire. For this work Chingis Khan had at his disposal the best brainsof Chinese and Uigur statesmenship. It is possible that the originalversion of the Yasa was somewhatre- vised at that time to adjust it to the needs of the expanded empire. The firstrevision of the Yasa mighthave taken place at the Kurultay of 1218, which approved the plans of the proposed campaign against Turkestan.14By 1225 the revisionof the code was completed.15 II We have now to examine the fragmentsof the Yasa which are available. It is only then that we may venture to commenton the scope of the code as a whole. Most of the studentsof Mongol history and Mongol law have consideredthe fragmentscited by both Rashid " V. TIZENGAUZEN (Tiesenhausen), Sbornik Materialov Otnosja"ichsja k istorii Zolotol ordy (St. Petersburg, 1884) (hereafter quoted as TIESENHAUSEN), P. XI. Cf. G. VERNADSKY, " Zolotaja Orda, Egipet i Vizantija," Seminarium Kondakovianum, I (1927), P. 92. 2 TIESENHAUSEN, P. XI. is RIASANOVSKY,P. 10. " RIASANOvSKY, Fundamental Principlesof Mongol Law, p. 27. lb D'OHSSON,Histoire des Mongols, I (1834), p. 415, n. 2. Cf. ALINGE, p. 28. This content downloaded from 139.179.203.178 on Mon, 14 Sep 2015 09:25:03 UTC All use subject to JSTOR Terms and Conditions 340 GEORGE VERNADSKY ad-Din and Makrizi the two fundamentalpieces of evidence about the Yasa. These fragmentshave been translatedinto Russian by I. N. BEREZIN and retranslated from Russian into English by V. A. RIASANOVSKY. With regardto Rashid ad-Din's evidence,the attentionof students of Mongol law has been concentrated on the third section of his Jami'ut-Tawafikhwhich deals with the history of Chingis Khan's reign.16In this section Rashid quotes a number of ordinances and sayings of Chingis Khan, some of which were probably fragmentsof the Yasa and others mere Bilik. The selection is casual and the citationsgive no adequate notionof the fullcontent of the Yasa. Makrizi was more ambitious and attempted to present a full out- line of the Yasa.17 He had no manuscriptof it at hand, but relied upon the informationsupplied to him by a certainAbu-Hashim, who told him that he had been able to see a copy of the Yasa in the library of the MonstanserCollege at Bagdad.
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