Яса: Тайный свод законов Чингисхана

Secret written code of law created by Genghis Khan
the legal code

The Yassa (alternatively Yasa, Yasaq, Jazag or Zasag; ) was the oral law code of the Mongols, gradually built up through the reign of Genghis Khan. It was the de facto law of the Mongol Empire, even though the "law" was kept secret and never made public. The Yassa seems to have its origin in wartime decrees, which were later codified and expanded to include cultural and lifestyle conventions. By keeping the Yassa secret, the decrees could be modified and used selectively. It is believed that the Yassa was supervised by Genghis Khan himself and his adopted son Shigi Qutuqu, then the high judge (in ) of the Mongol Empire. The Turkic verb yasa , which means "to govern; to create", was probably borrowed from Mongolian. In the earliest text in Mongolian, the Secret History of the Mongols, the word yassa seems to refer specificially to authoritative (military) decrees. Čerig žasa roughly equivalent to modern is a phrase commonly found in the Secret History that means "to set the soldiers in order", in the sense of rallying the soldiers before a battle. In modern Mongolian, the verb zasaglakh means "to govern". Another word, which is sometimes equated with yassa, is yosun (Modern ). This term refers, broadly, to rules deriving from tradition, including for example rules of etiquette. Early chroniclers from Europe and the Middle East oftentimes did not clearly distinguish between the two terms sometimes for ideological reasons resulting in sources that often contain a mixture of laws and customs. when he officially assumed the title of Genghis Khan. In the Secret History, Genghis Khan tells his adopted son Shigi Qutuqu to create a register of jurisprudence, which implies the existence of such a document:"Furthermore, writing in a blue script register all decisions about the distribution and about the judicial matters of the entire population, make it into a book. Until the offspring of my offspring, let no one alter any of the blue writing that Šigi Qutuqu, after deciding in accordance with me, shall make into a book with white paper. Anyone who alters it shall be guilty and liable to punishment." The Yassa may have later been written down in the Uyghur script, preserved in secret archives and known only to and read only by the royal family. Juvyani, in the Tarikh i Jahangushay, writes of the role of the yasas during a kurultai (a military council):These rolls are called the Great book of the Yasas and are kept in the treasury of the chief princes. Whenever a khan ascends the throne, or a great army is mobilized, or the princes assemble and begin [to consult together] concerning affairs of state and the administration thereof, they produce these rolls and model their actions thereon;The Yasa decrees were thought to be comprehensive and specific, but no Mongolian scroll or codex has been found. There are records of excerpts among many chronicles including those of al Maqrizi, Vardan Areveltsi, and Ibn Battuta. The first of these may have relied on the work of Ata Malik Juvayni, an Ilkhanate official. Moreover, copies may have been discovered in Korea as well. In the end, the absence of any physical document is historically problematic.

In the Secret History, Genghis Khan tells Shigi Qutuqu, his adopted son, to create a blue script book, which may be one of the books that formed the basis for what was later understood as the Yassa. In this book, as Genghis tells Shigi Qutuqu, the following items should be collected:<blockquote>"[all] decisions about the distribution and about the judicial matters of the entire population" The purpose of many decrees was probably to eliminate social and economic disputes among the Mongols and future allied peoples. Among the rules were the ban on cattle raiding. It represented a day to day set of rules for people under Mongol control that was strictly enforced. The Yassa also addressed and reflected Mongol cultural and lifestyle norms. Death via decapitation was the most common punishment unless the offender was of noble blood, when the offender would be killed by way of back breaking, without shedding blood. Even minor offences were punishable by death. For example, a soldier would be put to death if he did not pick up something that fell from the person in front of him. Those favored by the Khan were often given preferential treatment within the system of law and were allowed several chances before they were punished. As Genghis Khan had set up an institution that ensured complete religious freedom, people under his rule were free to worship as they pleased if the laws of the Yassa were observed.

Bar Hebraeus (Abul Faraj) [13th century AD]. Makhtbhanuth Zabhne (Chronicon) (vol. 2: Chronicon Ecclesiasticum) The current edition of the Chronicon Ecclesiasticum is by Jean Baptiste Abbeloos and Thomas Joseph Lamy, Syriac text, Latin translation. This volume was translated by Beckingham after Gibb's death in 1971. A separate index was published in 2000. Vardan Areveltsi [13th century AD]. Havakumn Patmutyun (Historical Compilation). Currently preserved at the Matenadaran in Yerevan, Armenia. Rashīd al Dīn Ṭabīb [ 1306 1311 AD]. Jami' al tawarikh (Compendium of Chronicles). Ata Malik Juvayni [13th century AD]. Tarikh i Jahangushay (History of the World Conqueror). Mirkhvand [1497 AD]. Rawżat aṣ ṣafāʾ (The Gardens of purity in the biography of the prophets and kings and caliphs). Eng. trans. begun as History of the Early Kings of Persia, 1832.
al Maqrizi [ 1442 AD]. Kitāb al Sulūk li Ma'rifat Duwal al Mulūk (The History of the Ayyubit and Mameluke Rulers). Translated (into French) by E. Quatremére (2 vols. Paris, 1837–1845)