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"ANDUNIK'S WILL" AS HISTORICAL and LEGAL DOCUMENT of the 15th century.



 © 2007 Sh.M. Isaev

"ANDUNIK'S WILL" AS HISTORICAL and LEGAL DOCUMENT of the 15th century

"Andunik's will" is recognized as our historiography the most valuable Arabic-language source on the history of Dagestan [1, 2] long ago. Unlike other acts it never joined the Dagestan scribes in narrative texts and occurs in many copies as the independent document. We managed to reveal, besides already known nine, two new lists. The oldest of them is copied by Mahomed - Shaban's grandson from Oboda (2nd quarter of the 18th century) [3]. The general, coinciding text of these copies resolutely prevails over the available insignificant divergences. It is possible to reveal its structural parts easily:

1) a title and the praise of the notable author of "Will" finished by the address to the successor;
2) the main statement of contents (including and contamination about "calculation of troops");
3) the teaching parting word to the successor;
4) name and clerk's title, indication of the place of drawing up act and date.

The first and last elements of this structure look as a part of the form of the document (will).

The will is considered to be the act of private law - in this case the contents of the act force to carry it to documents of public law. In contents it purely legal moments also come to light:

>- fixing of borders of hereditary lands and borders of political control of the Avarian principality;

>- the status differences between hereditary and controlled lands emphasized with group of their names in the text;

>- transition of the hereditary power from the uncle to the nephew demonstrating some features of the feudal monarchy in Dagestan, pointing to the power of "the feudal house (sort)", but not "families";

>- drawing up document by "qadi of qadis" (option: "the sheikh of sheikhs" - it tells about hierarchy of judicial authorities in Dagestan 15th century).

All these moments are interesting to characteristic of state and legal concepts of Dagestan 15th century. Nevertheless the main contents of the document - historical. It is not the usual will, but the political memorandum. First of all it gives the chance to establish borders of one of the influential Principalities of Dagestan. Certain results in this direction are achieved by X. - M. Hashayev [2], T.M. Aytbero-vy of [4], A.P. Shikhsaidov [5], however not all offered interpretations are convincing. In reconstruction of the "external" line of political impact of a nutsal-stvo T.M. Ayt-berov's opinion on east and northern his limits is represented to us convincing [4]. However the western limit ("fifth" and "sixth" gate) passes, in our opinion, differently - through settlements of Carat and Huchad, becoming isolated "the seventh gate" (and at all not Semizemelyem!) [2, page 135-136] - the village of Batlukh.

The border of hereditary lands of nutsal lies, naturally, in these limits. In the north is Salatau, in the southeast - the village of Gotsatl, in the southwest - Golotl and Huchada, further - Miyasu's chapel near the Datong chapel. The eastern frontier is not mentioned at all, but it has to lie to the west of the "first" and "second" gate, i.e. Dzhengu-taya and lands south of it. Thus, the most probable "internal" border of hereditary lands of nutsal has to correspond to some natural and geographical boundary here is a valley of river. Avarian Koysu.

The narration about borders in the text suddenly is interrupted by calculation of soldiers whom four main Principalities of Dagestan [4 can expose, page 84; 5, page 89]. Then again the interrupted reasoning Anda nickname about borders proceeds: it comes to the end with a wish to the successor to carry on traditions of ancestors in expansion of their possession.

The text fragment with "calculation of soldiers" unexpectedly and artificially breaks off the coherent "narration about borders" on two parts. Apparently, it is the interpolation made later when the narration already existed. It gives to us the grounds to consider them separately.

To internally integral and to the logical "narration about borders" which is organically connected with names of Anduni, Bulach-nutsala and Ali-Mirza al-Andi it is possible to carry also date - 1485

"Calculation of soldiers" differs in a certain negligence: almost in all lists the total amount does not meet with composed in which there are inaccuracies too (Kaytag - 3000?!) and divergences [4, 5].

The main thing in this fragment - glorification of "padishah Gumik", hardly appropriate in the will of Avarian nutsa-la. The Avarian principality looks weak here that will badly be coordinated with a wish of expansion of borders. It is very probable that this fragment reflects other period of history of Dagestan. Some bases for its dating can be seen in the reference to "our respectable ancestors (fathers)" to whom there go back data on military forces. Who was meant by Andunik? It is not about his father - otherwise about him would not speak in plural, namely about ancestors, i.e. about the grandfather, the great-grandfather, etc. Two-three generations are 60 - 90 years; it is necessary to consider, as wills are formed in old age. If in 1485 to Andunik was in 50 years, and data went back to his grandfather or the great-grandfather, then it turns out that the prescription is them more century, and, more probably, still earlier (about the middle of the 14th century). It is appropriate to remember that, narrating about Timur's wars in Dagestan in 1395 - 1396, from his local opponents capable of an active performance, call a nutsal and a shamkhal [6].

If our assumption of earlier dating of contamination of "calculation of soldiers", then, perhaps was confirmed, it would be succeeded to specify dating of other very important historical and legal document - "Perech-

nya taxes shamkhala and Crimea-shamkhalu". Nowadays its text is known in two editions: later - in structure Tarikh-Dagestan [7], and earlier, revealed by T.M. Aytberov dating it the end of the 15th century [8] (on indirect signs). However A.R. Shikhsaidov points to communication "the List..." with the parts Tarikh-Dagestan reflecting events of the 14th century [9]. The reasoned dating of an insert about "calculation of soldiers" could shed light and for the period of the power of shamkhal which is so convincingly reflected in the important historical and legal document - in "The list of taxes Shamkhala and the Crimea-shamkhalu".

Literature

1. M.S.D. Saidov. Emergence of writing at Avars//Languages of Dagestan. Issue 1. Makhachkala, 1948. Page 137-138.
2. H. Hashayev - M. A social order of Dagestan in the 19th century Makhachkala, 1967.
3. See the Russian Federation IIAE DNC RAS, f.6, op.1, 175.
4. T.M. Aytberov. Materials on history XV-XVII of Dagestan centuries//East sources on the history of Dagestan. Makhachkala, 1980.

Dagestan state university

5. A.R. Shikhsaidov. "Andunik-nutsal's will" (to a question of study)//Vestn. Dagestan scientific center. Issue 1. Makhachkala, 1988.
6. Tiesenhausen W.G. Sb. the materials relating to the history of the Golden Horde: In 2 t. T. 2. M.; L., 1941. Page 185.
7. The extraction from the History of Dagestan made by Mu-hammad Rafi//Sb. information about the Caucasian mountaineers. Tiflis, 1871. Issue 5. Page 22-24; A.R. Shikhsaidov. The Dagestan historical chronicle Mahomed Rafi's Tarikh-Dagestan (To a question of study)//Written monuments of the East. Historical and philological researches: Year-book. 1972. M, 1977. Page 109-110.
8. T.M. Aytberov. Data on economic history XV of Dagestan century in "The list of duties which received Shamkhal and the Crimea-Shamkhal"//Written monuments and problems of history and the culture of the people of the East: XVI year nauch. LO IVES'S session of Academy of Sciences of the USSR. M, 1979. Part 1. Page 3-9.
9. A.R. Shikhsaidov Dagestan in the X-XIV centuries Makhachkala, 1975. Page 87-88.

On April 19, 2007

Graziano Ada Marcella
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