Negotiating Matrimony: Marriage, Divorce, and Property Allocation Practices in Istanbul, 1755-1840 The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Kayhan Elbirlik, Leyla. 2013. Negotiating Matrimony: Marriage, Divorce, and Property Allocation Practices in Istanbul, 1755-1840. Doctoral dissertation, Harvard University. Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:11125998 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA NEGOTIATING MATRIMONY: MARRIAGE, DIVORCE, AND PROPERTY ALLOCATION PRACTICES IN ISTANBUL, 1755-1840 A dissertation presented by LEYLA KAYHAN ELBIRLIK to THE COMMITTEE OF MIDDLE EASTERN STUDIES in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the subject of History and Middle Eastern Studies Harvard University Cambridge, Massachusetts May 2013 © 2013 Leyla Kayhan Elbirlik All rights reserved. Dissertation Advisor: Professor Cemal Kafadar Leyla Kayhan Elbirlik Negotiating Matrimony: Marriage, Divorce, and Property Allocation Practices in Istanbul, 1755-1840 Abstract This dissertation studies the construction of the marital bond and its dissolution with respect to the normative stipulations of the sharīʿa, social and moral constructions, and the cultural formations during late-eighteenth and early–nineteenth-century Istanbul. Through the examination of court cases, estate inventories, and contemporary chronicles, I demonstrate the strategies and practices that perpetrated possible patterns in the matrimonial union. Although Islamic law allowed for and encouraged the spouses to reconcile marriage-related negotiations outside of court, the amount of registered marital disputes indicates the central role of the court for spouses in establishing conciliatory grounds. This study explores in particular the consensual and purposeful use of the sharīʿa courts by women. The examination of the sicils from three different courts in intra muros Istanbul has shown that women were adamant about formalizing the consequence of marriage, divorce and property related discordances in hoping to secure their future interests. The dissertation essentially introduces the largely overlooked issue of the specialization of courts in this period and presents specifically the Dāvud Pasha court’s concentration on marriage and family-related disputes. By focusing on local practices and particularities through a case-by-case methodology, the study delivers a portrayal of Ottoman urban marriage structure within the context of the socio-legal and economic iii dynamics of the period. Given that the formal registry of marriage contracts and divorce settlements was not legally enforced until the early twentieth century, the extensive practice of registration in court could be interpreted as the preliminary steps to the formalization and codification of the marital union. I offer a likely reading of women’s experiences with respect to marriage and property ownership suggesting that the predominant marriage pattern observed in the segment of the population that used the court was companionate. By analyzing quantitative data and archival material, I demonstrate women’s visibility in the public sphere through their significantly increased use of courts, proactive utilization of social networks, and strategic activities vis-à-vis marriage and divorce to depict a portrayal of the late eighteenth-century Istanbul family. iv TABLE OF CONTENTS Abstract iii Table of Contents v Acknowledgements vii List of Figures and Tables xii Note on Transliteration and Translation xv INTRODUCTION 1 CHAPTER I: The Prospect of the Marital Bond in Late Eighteenth- Century Istanbul: A Companionate Relationship? 25 The Entity of Marriage as Reflected in Treatises on Ethics and Conduct 25 The Legal Composition of Marriage 36 The Engagement: The Initial Phase of Negotiation 44 Custodians and Consent 48 The Economy of Marriage 52 The Contract of Marriage and Estate Inventories 56 Marriage, Household Servants, and Slaves 67 Polygyny 77 CHAPTER II: The End of Marriage: Patterns of Divorce and the Specialization of the Court System in late Ottoman Istanbul 93 The Case of Dāvud Pasha Court—Towards a Specialized Court System? 104 Contextualizing the Quantitative Data 116 Repudiation (Ṭalāḳ) 141 Conditional Divorce 155 Divorce at the Initiative of Women (Ḫulʿ) 160 The Annulment of Marriage (Tefrīḳ) 172 CHAPTER III: The Deferred Dower and Allowance as Patterns of Property Allocation in Marriage 184 The Dower (Mehr) 193 The Allowance (Nafaḳa) 213 Children, Divorce, and Alimony 222 A Comparative Perspective 232 Women and Property Ownership 239 CHAPTER IV: Women, Death, and Property Transmission Strategies in Marriage 265 The Case of Fāṭma Ḫanım: A “Chronicle of a Death Foretold” 267 v Esāme as an Innovation in the Post-1730 Era 276 Gedik as Innovation and Women’s Access to Trade 281 The Deferred Dower in Estate Records 288 Inheritance Deeds and Property Transmission Strategies 297 CONCLUSION 319 BIBLIOGRAPHY 325 vi ACKNOWLEDGEMENTS The commencement and completion of this dissertation would not have been possible without the assistance, support, and guidance of a number of individuals. I would like to express my sincere appreciation of their continuous encouragement. First and foremost, I owe the deepest gratitude to my advisor, Cemal Kafadar, who enthusiastically welcomed me into the fascinating world of Ottoman history when I was just an ‘outsider’ to the field. I was fortunate to learn from his profound knowledge and intellect. From the conception of my research question to the completion of this dissertation, his constructive criticisms and comments motivated me to perform beyond what I imagined was possible. I will always think of him as my mentor. Secondly, I would like to thank Nancy Leonard, my advisor at Bard College and a dear friend for recognizing my enthusiasm for academia during that period. Without her reinforcement, I probably would not have even considered pursuing this path. This dissertation benefited significantly from the commentary of a number of individuals. Engin Akarlı’s detailed reading of the previous versions has made me focus my ideas more effectively in the final phases. I truly appreciate the time he has invested in my work. I was fortunate to have two outstanding scholars as my committee members. Dror Ze’evi generously accepted this position at a late stage, and his friendly but constructive criticisms enabled me to formulate my arguments articulately. Khaled El-Rouayheb was kind enough to read through the final version. This work is the product of many years of learning from the wisdom of Harvard scholars. One of my first teachers there was Michael Herzfeld. I will always be grateful to vii him for challenging me and showing me my potential of which I was unaware. Gülru Necipoğlu’s seminars have immensely contributed to my intellectual growth. I am also indebted to her for the invaluable remarks on several of my writings. I am particularly grateful to the late Angeliki Laiou, whose considerable interest in my work even at its earliest stages has been crucial to its progress. She will always remain an inspiration. I thank Roy Mottahedeh, Steven Ozment, and Afsaneh Najmabadi, whose critical approach and training have guided me during my time at Harvard. I especially would like to acknowledge the late Şinasi Tekin, who introduced me to the captivating world of Ottoman Turkish and guided me patiently during our extended private tutorials. I also appreciate the efforts of Wheeler Thackston and William Granara in my linguistic training. My time at Harvard would not have been as rewarding without the intellectual support and warm encouragement from my friends and colleagues. I am thankful to my fellow comrades Aslıhan Akışık, Yasmine Al-Saleh, Erdem Çıpa, Chanchal Dadlani, Koray Durak, Jack Farraj, Rachel Goshgarian, Şükrü Ilıcak, Dimitris Kastritsis, Mana Kia, Dimitris Loupis, Cihan Yüksel Muslu, Martin Nguyen, Jennifer Pruitt, İlay Örs Romain, Penny Sinanoglou, Hülya Taş, Hesna Taşkömür, Himmet Taşkömür, Etty Terem, Ekin Tuşalp, Richard Wittmann, Ali Yaycıoğlu, and İpek Yosmaoğlu. I especially would like to thank Oya İklil Selçuk for having been a true friend throughout this journey. She has always generously shared her knowledge, and offered help in the most difficult moments. Suzan Yalman was the first person to ‘introduce’ me to Harvard, and she has been there for me through thick and thin since then. I am truly grateful for her friendship, which has been one of the most valued aspects of my graduate career. viii My research and writing was generously supported by fellowships and travel grants from several institutions. I would like to thank the Center for Middle Eastern Studies and the Department of History of Harvard; the Harvard and Koç University joint program for Ottoman Studies in Cunda; the Arabic Summer Program of Columbia University; and the Research Center for Anatolian Civilizations of Koç University. I would also like to thank the staff of the Widener Library, the Prime Ministry Ottoman Archives, the Köprülü Library, the Süleymaniye Manuscript Library, and the ISAM Library. I am especially indebted to Duygu Kızılaslan Paçalı of the RCAC Library, Nuray Urkaç Güler, Nihat Yalçın, and Seyfi Kenan of the