KOLEKTIVNO I POJEDINAČNO JAMSTVO, KEFALET-DEFTERI I REGISTRACIJE KEFALETA U DOKUMENTIMA U BOSNI OSMANSKOG PERIODA
Collective and individual warranty, bail books and bail registrations in Bosnia of Ottoman period

Summary/Abstract: The paper discusses the concept of warranty or guarantee as used in the Ottoman registrations. It further talks about types of registrations: individual and collective, as well as of bail registration procedures in the Ottoman courts. With reference to examples, description and application of certain terms characteristic of the concept of warranty, guarantee, are elaborated. Particular attention has been paid to collective bail books or books of collective warranty as factors of ensuring general security the purpose of which, together with the manner of registration, primarily exemplify the practice typical of territories such as Eyalet of Bosnia. To illustrate collective bail books, in addition to previously processed Mestvica List of Warranties of 1257/1841, and Christian List of Warranties of 1202/1788, an overview and description of numerous other traditionally kept bail books has been given, including details from the year of 1565. The practice of mutual warranties among beys, bashas, aghas, imams, as well as warranties for their subordinates, i.e. servants is discussed. The paper also includes an overview of Lists of Warranties by janissary bashas of 1181/1768, mutual warranties from the village of Osinići, jamat of Pazarić of 1231-32/1816-17, collective bail book of 1213/1796-97 covering the mahalles of Ašik Memija, Bagadadija and dhimmi of Crnotina village, bail book of mahalle Nežzade that was created after a scuffle in Pale in 1248/1832, and others. In addition to the above mentioned bail books, there is an elaboration on another group of collective bail books referring to guild corporations and mutual warranties in terms of participation in economic livelihood of specific regions. The oldest known example of such kind is a book from 1565 registered in the protocol of the Sarajevo court, covering the region of Sarajbosna. However, it is very probable that the practice of registrations of collective books existed from the beginning of the work of sharia court, even before creation of mahkeme by establishment of kadi’s office.

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