Jews of the Byzantine Empire
Encyclopedia
The history of the Jews
Jews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...

 in the Byzantine Empire
Byzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...

 has been well-recorded and preserved.

Background and legal standing

The juridical standing of the Jews of the Byzantine Empire was unique during the entire history of the Empire; they did not belong to the Christian
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...

 Eastern Orthodox faith, which was the state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...

, see State church of the Roman Empire
State church of the Roman Empire
The state church of the Roman Empire was a Christian institution organized within the Roman Empire during the 4th century that came to represent the Empire's sole authorized religion. Both the Roman Catholic Church and the Eastern Orthodox churches claim to be the historical continuation of this...

, nor were they--in most circumstances--grouped together with heretics
Heresy
Heresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...

 and pagans. They were placed in a legal position somewhere between the two worlds. The place along the spectrum of social freedom in which Byzantine Jews found themselves varied somewhat--though far from drastically--with time, and depended largely on three factors: the theological
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...

 desire of the state to maintain the Jews as a living testament to the victory of Christianity, the desire of the state to strengthen its control, and the ability of centralized rule from Constantinople
Constantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...

 to enforce its legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

.

Foundations of the legal position of Jews: 330-404

In 212, Caracalla
Caracalla
Caracalla , was Roman emperor from 198 to 217. The eldest son of Septimius Severus, he ruled jointly with his younger brother Geta until he murdered the latter in 211...

 bestowed citizenship
Constitutio Antoniniana
The Constitutio Antoniniana was an edict issued in 212 AD, by the Roman Emperor Caracalla...

 on all its residents, including the Jews. This granted Jews legal equality to all other citizens, and formed the foundation of their legal status in Byzantium following the founding of Constantinople in 330. Indeed, Jews enjoyed the right to practice their faith under the rule of the Byzantines. For example, circumcision
Circumcision
Male circumcision is the surgical removal of some or all of the foreskin from the penis. The word "circumcision" comes from Latin and ....

, which was considered mutilation
Mutilation
Mutilation or maiming is an act of physical injury that degrades the appearance or function of any living body, usually without causing death.- Usage :...

 and therefore punishable by death if performed on a non-Jewish child, and by exile
Exile
Exile means to be away from one's home , while either being explicitly refused permission to return and/or being threatened with imprisonment or death upon return...

 if performed on a non-Jewish adult, was legally permitted within Jewish religious practices. Byzantine law recognized synagogue
Synagogue
A synagogue is a Jewish house of prayer. This use of the Greek term synagogue originates in the Septuagint where it sometimes translates the Hebrew word for assembly, kahal...

s as places of worship, which could not be arbitrarily molested, Jewish courts had the force of law in civil cases, and Jews could not be forced to violate Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

and their festivals.

Theodosian Code: 404-527

In 404, Jews were excluded from certain governmental posts. In 418, they were barred from the civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....

, and from all military positions. In 425, they were excluded from all remaining public offices, both civilian and military--a prohibition which Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...

 repeated. Such restrictions, however, inevitably compromised the theological arguments for restricting the Jewish religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

; although they empowered the Christian citizens of the empire at the expense of its Jews, all laws dealing with the Jews implicitly recognized the continued existence and legality of the Jewish religion.

Thus Theodosius found that he had to balance the first two of the three factors governing the treatment of Jews in the empire--theology, political pragmatism
Pragmatism
Pragmatism is a philosophical tradition centered on the linking of practice and theory. It describes a process where theory is extracted from practice, and applied back to practice to form what is called intelligent practice...

 and enforceability. He could not, however, effectively control the third. In 438, Theodosius had to reaffirm the prohibition on Jews holding public office, because it had been poorly enforced. Even in 527, a decree which renewed this prohibition began by observing that "heedless of the laws' command [they have] infiltrated public offices".

There was one office, however, that Jews were not forbidden from assuming. This was the office of decurion
Decurion (administrative)
A decurion was a member of a city senate in the Roman Empire. Decurions were drawn from the curiales class, which was made up of the wealthy middle class citizens of a town society....

, a tax collector who was required to pay all deficits in revenue
Revenue
In business, revenue is income that a company receives from its normal business activities, usually from the sale of goods and services to customers. In many countries, such as the United Kingdom, revenue is referred to as turnover....

 from his own pocket. Theodosius II, who laid out much of the legal precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...

 and foundation for Byzantine law in his Theodosian Code, permitted Jews, like other citizens, to hire a substitute to perform the duties of decurion in their place. Justinian, whose legal code included 33 laws relating to the Jews, initially maintained this ability, but it was abolished in 537. Sharf explains that the purpose of this was so that the Jews "never enjoy the fruits of office, but only suffer its pains and penalties".

In addition to the matter of holding public office, Jews were also unequal to Christians with respect to the ownership of slaves. Restrictions on the ownership of Christian slaves by Jews were in place through the reign of many emperors, under the fear that Jews would use conversion of slaves as a means to increase their number. Additionally, this was designed to provide an incentive for non-Christian slaves to convert into Christianity, and an economic restriction on the Jews. Restrictions on slave-owning could not, however, be excessively burdensome, because the Byzantine economy relied heavily on slave labor. Under the Theodosian Code, therefore, ownership of Christian slaves by Jews was not prohibited, although their purchase was. Thus, one who gained possession of a slave by means such as inheritance would remain his or her owner. Purchase of slaves was usually penalized by compelled sale at the original purchase price.

Slave ownership produces another example of the threefold balancing act of Legislation dealing with the Jewish minority of Byzantium: ownership of Christian slaves undermined the "living testament" theology, but was a pragmatic requirement of the time, and the prohibition thereof could not be entirely enforced, since freedom may not necessarily have been a desirable option for a slave who was well-treated by his masters.

The third important restriction on Judaism--in addition to the limitations on public service and slave ownership--was that the Jewish religion, though allowed to survive, was not allowed to thrive. Theologically, the victory of Christianity could be successfully asserted by maintaining a small contingent of Jews within the empire, although allowing them to become too sizable a minority would threaten the theological monopoly of Orthodox Christianity
Orthodox Christianity
The term Orthodox Christianity may refer to:* the Eastern Orthodox Church and its various geographical subdivisions...

 within the Empire.

One important ramification of this policy was the prohibition on the construction of new synagogues within the Empire, though the repair of old synagogues was permitted. This prohibition was difficult to enforce, as archaeological evidence in Palestine indicates that illegal synagogue construction continued throughout the sixth century. The synagogue did continue to be respected as an inviolable place of worship
Place of worship
A place of worship or house of worship is an establishment or her location where a group of people comes to perform acts of religious study, honor, or devotion. The form and function of religious architecture has evolved over thousands of years for both changing beliefs and architectural style...

 until the reign of Justinian.

Beginning at this time, most legislation regarding the Jews--even laws which expanded the rights which they were afforded--were "prefaced by unambiguous expressions of hatred and contempt for Judaism".

Justinian Code: 527-565

The Civil Code of Justinian tightened the regulations on the ownership of Christian slaves by non-Christians. It abolished compensation for illegal purchases of Christian slaves, and added a 30 lb gold fine for this offense. Jews owning Christian slaves during the time of Justinian could be punished by execution.

In 545, Justinian legislated that the right of existence of any synagogue on land belonging to an ecclesiastical institution
Christian Church
The Christian Church is the assembly or association of followers of Jesus Christ. The Greek term ἐκκλησία that in its appearances in the New Testament is usually translated as "church" basically means "assembly"...

 be nullified. He was also the first emperor to order that existing synagogues be converted into churches. There is, however, only one example of such a conversion taking place by force: the synagogue in Borem. This synagogue was most likely converted for military reasons, in light of its strategic position on the frontier with the territory of the Berber tribes. In fact, Justinian banned all non-Christian places of worship in northern Africa
Praetorian prefecture of Africa
The praetorian prefecture of Africa was a major administrative division of the Eastern Roman Empire, established after the reconquest of northwestern Africa from the Vandals in 533-534 by emperor Justinian I...

, in legislation that grouped Jews with pagans and heretics. This legislation was hardly enforced, but set a precedent for the violability of synagogues and the blurring of the difference between Jews and other non-Christians. Once more, this represents the divergence between the Empire's theological objectives, its pragmatic goals and its capability to enforce its legislation. The poor efficacy of legislation points to the dominating power of the latter in restraining the two former factors, which, in this case, coincided.

In terms of symbolic legal roles, the Jews also found that they were positioned somewhere between other non-Christians and the Christian majority. For instance, Justinian demanded that Passover
Passover
Passover is a Jewish holiday and festival. It commemorates the story of the Exodus, in which the ancient Israelites were freed from slavery in Egypt...

 be shown as subservient to Easter
Easter
Easter is the central feast in the Christian liturgical year. According to the Canonical gospels, Jesus rose from the dead on the third day after his crucifixion. His resurrection is celebrated on Easter Day or Easter Sunday...

; in cases in which the former would fall before the latter, the Jews were forbidden from celebrating it on its appointed day, and were compelled to delay it. Jews were also forbidden from giving testimony concerning Christians in a court of law--a restriction already present in the Theodosian code--although Justinian eased this restriction in 537 to allow them to testify in cases between Christian individuals and the state. This privilege was not enjoyed by any other non-Christian group. Once more, the state sacrificed the doctrinal subordination of the Jews in order to gain practical benefits, in this case testimony against those who faced it in court.

Questions of internal Jewish discourse--which could, under the Theodosian Code, be arbitrated only by Jewish courts--could, under the Justinian Code, be officiated by the state, a power which Justinian did not shy away from utilizing. In 553 for instance, Justinian required that the public reading of the Pentateuch proceed in vernacular
Vernacular
A vernacular is the native language or native dialect of a specific population, as opposed to a language of wider communication that is not native to the population, such as a national language or lingua franca.- Etymology :The term is not a recent one...

, rather than Hebrew, and forbade altogether the reading of the Mishna. In this way, Justinian not only restricted the religious freedom of the Jews, but also expanded his own power in order to reinforce the principle that, "in theory, there is no area that falls outside of the Empire's legislative power". Justinian's restrictions were, however, poorly enforced. Ironically, what little enforcement they did enjoy contributed to a notable growth in Jewish culture and liturgy
Liturgy
Liturgy is either the customary public worship done by a specific religious group, according to its particular traditions or a more precise term that distinguishes between those religious groups who believe their ritual requires the "people" to do the "work" of responding to the priest, and those...

. For instance, the banning of the reading of Mishna prompted Jewish scholars to write the piyutim, important works of poetry which refer strongly to the Mishna. Because these were not banned by the Civil Code, they afforded Jews the ability to circumvent it. Accordingly, this form of religious expression flourished under Justinian.

Punctuated tolerance and the Crusades: 565-1204

Although the Justinian Code remained in force in the Eastern Empire until the ninth century, the period following Justinian's reign was generally characterized by toleration of non-Christians, particularly the Jews. One exception to this was Heraclius
Heraclius
Heraclius was Byzantine Emperor from 610 to 641.He was responsible for introducing Greek as the empire's official language. His rise to power began in 608, when he and his father, Heraclius the Elder, the exarch of Africa, successfully led a revolt against the unpopular usurper Phocas.Heraclius'...

, who reigned from 610 to 641, and was the first emperor to force the conversion of Jews to Christianity. Following his death, and until 1204, the Jews suffered only three notable legal persecutions, the sum of whose span was roughly fifty years. It is even debated whether the first of these--the anti-Jewish measures passed during the reign of Leo III the Isaurian
Leo III the Isaurian
Leo III the Isaurian or the Syrian , was Byzantine emperor from 717 until his death in 741...

--could be considered a persecution. The second of these, during the reign of Basil I
Basil I
Basil I, called the Macedonian was a Byzantine emperor of probable Armenian descent who reigned from 867 to 886. Born a simple peasant in the Byzantine theme of Macedonia, he rose in the imperial court, and usurped the imperial throne from Emperor Michael III...

 from 867 to 886, briefly punctuated the tolerance of the ninth century. The last of these persecutions took place under John Tzimiskes, who reigned from 969 to 976. Accordingly, there were no recorded legal persecutions of the Jews for nearly two and a half centuries following his reign.

In the twelfth century, there were about 2,500 Jews in Constantinople
Constantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...

, 2,000 Jews in Thebes
Thebes, Greece
Thebes is a city in Greece, situated to the north of the Cithaeron range, which divides Boeotia from Attica, and on the southern edge of the Boeotian plain. It played an important role in Greek myth, as the site of the stories of Cadmus, Oedipus, Dionysus and others...

 and 500 Jews in Thessalonica. Halmyrus
Demetrias
Demetrias was an ancient Greek city in Magnesia , near the modern city of Volos. It was founded by Demetrius Poliorcetes, one of the successors of Alexander the Great.-External links:*...

, Rhaedestus
Tekirdag
Tekirdağ , the ancient Bisanthi , is a city in Eastern Thrace, in the European part of Turkey. Tekirdağ is the capital of Tekirdağ Province, felt by the local people to be a quieter and more pleasant town than the industrial centre of Çorlu, which it administers. The city population as of 2009 was...

, Chios
Chios
Chios is the fifth largest of the Greek islands, situated in the Aegean Sea, seven kilometres off the Asia Minor coast. The island is separated from Turkey by the Chios Strait. The island is noted for its strong merchant shipping community, its unique mastic gum and its medieval villages...

, and Rhodes
Rhodes
Rhodes is an island in Greece, located in the eastern Aegean Sea. It is the largest of the Dodecanese islands in terms of both land area and population, with a population of 117,007, and also the island group's historical capital. Administratively the island forms a separate municipality within...

 each housed 400 Jews. Also, there were about 300 Jews each in Corinth
Corinth
Corinth is a city and former municipality in Corinthia, Peloponnese, Greece. Since the 2011 local government reform it is part of the municipality Corinth, of which it is the seat and a municipal unit...

 and Samos
Samoš
Samoš is a village in Serbia. It is situated in the Kovačica municipality, in the South Banat District, Vojvodina province. The village has a Serb ethnic majority and its population numbering 1,247 people .-See also:...

, and 200 Jews in Gallipoli
Gallipoli
The Gallipoli peninsula is located in Turkish Thrace , the European part of Turkey, with the Aegean Sea to the west and the Dardanelles straits to the east. Gallipoli derives its name from the Greek "Καλλίπολις" , meaning "Beautiful City"...

.

It was in the 12th century that the passing Crusader
Crusades
The Crusades were a series of religious wars, blessed by the Pope and the Catholic Church with the main goal of restoring Christian access to the holy places in and near Jerusalem...

s wrought havoc upon the Jewish communities of Byzantium, in a foretaste of what the later Latin occupation would bring upon the Byzantine Christians. Although most crusading bands did not adopt a policy of violence or forced conversion against the Jews, the First Crusade
First Crusade
The First Crusade was a military expedition by Western Christianity to regain the Holy Lands taken in the Muslim conquest of the Levant, ultimately resulting in the recapture of Jerusalem...

 certainly undertook an anti-Jewish face in certain communities. Because the Crusade was undertaken with the goal of "subjugating all non-believers to the faith," many crusaders compelled Jews to convert on pain of death, and there is a large number of recorded cases of mass suicides within Jewish communities--particularly among Jewish maidens--in order to avoid such conversions.

Latin occupation: 1204-1261

The Fourth Crusade
Fourth Crusade
The Fourth Crusade was originally intended to conquer Muslim-controlled Jerusalem by means of an invasion through Egypt. Instead, in April 1204, the Crusaders of Western Europe invaded and conquered the Christian city of Constantinople, capital of the Eastern Roman Empire...

 further degraded the position of Byzantine Jews. As smaller states separated from a weakened empire, the rulers of these states found themselves more capable of enforcing legislation than their Byzantine counterparts. The most powerful protection on the rights of Jews--governmental impotence to enforce laws--was thus abolished. Theodore Doukas, who crowned himself emperor of Epiros
Despotate of Epirus
The Despotate or Principality of Epirus was one of the Byzantine Greek successor states of the Byzantine Empire that emerged in the aftermath of the Fourth Crusade in 1204. It claimed to be the legitimate successor of the Byzantine Empire, along with the Empire of Nicaea, and the Empire of Trebizond...

 after he conquered Thessalonica, was known for his persecution of the Jews, which began in 1229, a year before the end of his reign. Theodore's disdain for the Jews is well-established. Still, his waiting until 1229--five years after capturing Thessalonica and declaring himself emperor--indicates that antisemitism may not have been the cause of his anti-Jewish edicts. Rather, they appear to have been motivated by a desire to confiscate Jewish property at a time when his empire was short of funds. This explains the expropriations of Jewish property under Theodore, as well as his regime's abstention from religious persecution for its own sake.

John Vatatzes, the emperor of Nicaea
Empire of Nicaea
The Empire of Nicaea was the largest of the three Byzantine Greek successor states founded by the aristocracy of the Byzantine Empire that fled after Constantinople was occupied by Western European and Venetian forces during the Fourth Crusade...

, commenced legal persecution of the Jews in 1253. Unlike Theodore, Vatatzes ordered that the Jews within the Empire of Nicaea be converted to Christianity, though he did not order the expropriation of Jewish property. Although these measures began only a year before Vatatzes' death, they seemed to have set a precedent of persecution which his son, Theodore II Laskaris
Theodore II Laskaris
Theodore II Doukas Laskaris or Ducas Lascaris was emperor of Nicaea, 1254–1258.-Life:Theodore II Doukas Laskaris was the only son of Emperor John III Doukas Vatatzes and Eirene Laskarina, the daughter of Emperor Theodore I Laskaris and Anna Angelina, a daughter of Emperor Alexios III Angelos and...

, followed.

It was in this environment of persecution that the Palaiologoi
Palaiologos
Palaiologos , often latinized as Palaeologus, was a Byzantine Greek noble family, which produced the last ruling dynasty of the Byzantine Empire. After the Fourth Crusade, members of the family fled to the neighboring Empire of Nicaea, where Michael VIII Palaiologos became co-emperor in 1259,...

 rose to the imperial throne. Michael VIII Palaiologos
Michael VIII Palaiologos
Michael VIII Palaiologos or Palaeologus reigned as Byzantine Emperor 1259–1282. Michael VIII was the founder of the Palaiologan dynasty that would rule the Byzantine Empire until the Fall of Constantinople in 1453...

 largely ended persecution of the Jews. Bowman writes the following:
Michael VIII summoned the Jewish leaders in his realm and invited them to support him as emperor. Thus Michael's first act toward the Jews […] was the revocation of John Vatatzes's order of forced baptism. At the same time, however, he made it clear to the Jews that he expected them to show their appreciation for his assistance.


Michael's road to the throne had been of questionable legality, and that fact earned him many enemies. Additionally, he oversaw an empire which was strongly dependent on foreign powers, and had an immense need for gold to fund its great military expenses. It is not surprising, therefore, that he turned to the Jews and other minorities (most notably the Armenians) as a source of support in an embattled state of affairs, and when the ethnic majority and the mainstream elite had grown unfriendly toward him.

A decaying Empire: 1261-1453

Andronikos II Palaiologos
Andronikos II Palaiologos
Andronikos II Palaiologos , Latinized as Andronicus II Palaeologus, was Byzantine emperor from 1282 to 1328. He was the eldest surviving son of Michael VIII Palaiologos and Theodora Doukaina Vatatzina, grandniece of John III Doukas Vatatzes...

 followed his father's precedent. The tolerance of Andronikos was quite notable, even drawing condemnation from Patriarch Athanasius III of Alexandria
Patriarch Athanasius III of Alexandria
-References:...

, against what he saw as "excessive" tolerance of Jews and other non-Christians, in particular for permitting them to live amongst Christians. The patriarch's complaint indicates that, in spite of the tolerance of the Palaiologoi, the norm of imperial law was to require non-Christians to live separately from Christians. This apparent trend of segregation between the peoples of Byzantium, which certainly included the Jews, is confirmed in a letter by John, bishop of Citrus, in the latter half of the twelfth century, which declared that, "People of alien tongues and alien beliefs, such as Jews, Armenians
Armenians
Armenian people or Armenians are a nation and ethnic group native to the Armenian Highland.The largest concentration is in Armenia having a nearly-homogeneous population with 97.9% or 3,145,354 being ethnic Armenian....

, Ishmaelites, Hagarites and other such as these were permitted from of old to dwell in Christian countries and cities, except that they had to live separately and not together with the Christians".

By the fourteenth century, the Jewish question of Byzantium seemed to be most concerned with Venetian
Republic of Venice
The Republic of Venice or Venetian Republic was a state originating from the city of Venice in Northeastern Italy. It existed for over a millennium, from the late 7th century until 1797. It was formally known as the Most Serene Republic of Venice and is often referred to as La Serenissima, in...

 Jews. Venetians had come to reside in the Empire in large numbers by the early 14th century, and treaties between the Empire and Venice granted the Venetians living in the empire, including Jews of Venetian origin, special privileges, though they also carried certain minor economic prohibitions. Under the aegis
Aegis
An aegis is a large collar or cape worn in ancient times to display the protection provided by a high religious authority or the holder of a protective shield signifying the same, such as a bag-like garment that contained a shield. Sometimes the garment and the shield are merged, with a small...

 of these treaties, Venetian Jews could buy, sell or rent land anywhere in Constantinople. They also enjoyed a more favorable tax structure than Byzantine citizens, as well as the freedom of movement and settlement anywhere in the Empire.

Further complicating this legal status, some Jews obtained Venetian citizenship either "by coming from areas subject to the Republic
Republic of Venice
The Republic of Venice or Venetian Republic was a state originating from the city of Venice in Northeastern Italy. It existed for over a millennium, from the late 7th century until 1797. It was formally known as the Most Serene Republic of Venice and is often referred to as La Serenissima, in...

or by purchasing naturalization", thus obtaining the same privileges as Venetian nationals in the Empire. At this time, the Empire was in rapid decay, and could not seriously enforce laws intended to curtail these rights and regain economic control within its borders. Thus, an exception to the general trend of Byzantine history emerged during this century, whereby Jews were entitled to a broader set of rights than Christians. However, it is important to note that these liberties were conferred based on their being Venetian, not based on their Jewish identity. Non-Venetian Jews did not profit from the Venetian-Byzantine treaties, and non-Jewish Venetians enjoyed the same liberties as their Jewish compatriots.
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