Mischling Test
Encyclopedia
Mischling Test refers to the legal test under Nazi Germany
's Nuremberg Laws
that was applied to determine whether a person was considered a "Jew" or a "Mischling
".
, colloquially known as the First Racial Definition. This implementing decree stipulated that a person would be regarded as a racial Jew for purposes of the law if he had one Jewish parent or one Jewish grandparent, i.e. if the ancestor was "of the Jewish faith."
Under the law, Jews were to be discharged from the civil service, unless they had been employed since before World War I
or unless they had fought on the front lines in the war, or had a father or son who had been killed in the war.
The "one Jewish grandparent" rule was predominant for a period of time in the Third Reich, and had typically been the test incorporated into the so-called Aryan Paragraph
, which had been in currency before Hitler's
assumption of power on 30 January 1933. However, various social and political factors militated in favor of a new set of discriminatory laws, which were forthcoming at the NSDAP party rally in 1935 in Nuremberg.
The Nuremberg Laws
, as originally promulgated in September 1935, used the term "Jew" but did not define the term. The definition of the term was problematic for the Nazis
and it was not until the issuance of a supplementary regulation in mid-November 1935 that a legal test that was specific to the Nuremberg laws was formally published.
The original draftsmen of the Nuremberg Laws, puzzled over the problem and pressed for a quick solution, solved it by the simple expedient of limiting the meaning of the term to encompass only "full Jews" . This test was relatively easy to state and apply, but Hitler vetoed the idea, without stipulating what he wanted as a replacement.
Meetings among Government and Party officials after the September 1933 annual Nuremberg party rally revealed the existence of two factions:
Obviously there was a considerable divergence of opinion. The resulting compromise was implemented by the First Supplementary Decree. As Harrier points out:
By applying the test, a person would be classified into exactly one of the preceding categories.
A person with exactly two Jewish grandparents was deemed a Jew if either:
If such a person is not classified as a Jew under any of these four subtests, then he is a Mischling of the 1st degree (since ex hypothesi he has two Jewish grandparents).
Remember that in every case, X always has exactly two Jewish grandparents. Unless this initial condition applies, there is no point in applying these tests, as the categorization into the three basic classes (Jew, Mischling, German) is only complicated in the case of "exactly two" Jewish grandparents.
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
's Nuremberg Laws
Nuremberg Laws
The Nuremberg Laws of 1935 were antisemitic laws in Nazi Germany introduced at the annual Nuremberg Rally of the Nazi Party. After the takeover of power in 1933 by Hitler, Nazism became an official ideology incorporating scientific racism and antisemitism...
that was applied to determine whether a person was considered a "Jew" or a "Mischling
Mischling
Mischling was the German term used during the Third Reich to denote persons deemed to have only partial Aryan ancestry. The word has essentially the same origin as mestee in English, mestizo in Spanish and métis in French...
".
Background
On 11 April 1933 the regime promulgated the First Supplementary Decree for the Execution of the Law of Restoration of the Professional Civil ServiceLaw for the Restoration of the Professional Civil Service
The Law for the Restoration of the Professional Civil Service , also known as Civil Service Law, Civil Service Restoration Act, and Law to Re-establish the Civil Service, was a law passed by the National Socialist regime on April 7, 1933, two months after Adolf...
, colloquially known as the First Racial Definition. This implementing decree stipulated that a person would be regarded as a racial Jew for purposes of the law if he had one Jewish parent or one Jewish grandparent, i.e. if the ancestor was "of the Jewish faith."
Under the law, Jews were to be discharged from the civil service, unless they had been employed since before World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
or unless they had fought on the front lines in the war, or had a father or son who had been killed in the war.
The "one Jewish grandparent" rule was predominant for a period of time in the Third Reich, and had typically been the test incorporated into the so-called Aryan Paragraph
Aryan paragraph
An Aryan paragraph is a clause in the statutes of an organization, corporation, or real estate deed that reserves membership and/or right of residence solely for members of the Aryan race and excludes from such rights any non-Aryans, particularly Jews or those of Jewish descent, as well as to those...
, which had been in currency before Hitler's
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
assumption of power on 30 January 1933. However, various social and political factors militated in favor of a new set of discriminatory laws, which were forthcoming at the NSDAP party rally in 1935 in Nuremberg.
The Nuremberg Laws
Nuremberg Laws
The Nuremberg Laws of 1935 were antisemitic laws in Nazi Germany introduced at the annual Nuremberg Rally of the Nazi Party. After the takeover of power in 1933 by Hitler, Nazism became an official ideology incorporating scientific racism and antisemitism...
, as originally promulgated in September 1935, used the term "Jew" but did not define the term. The definition of the term was problematic for the Nazis
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
and it was not until the issuance of a supplementary regulation in mid-November 1935 that a legal test that was specific to the Nuremberg laws was formally published.
The original draftsmen of the Nuremberg Laws, puzzled over the problem and pressed for a quick solution, solved it by the simple expedient of limiting the meaning of the term to encompass only "full Jews" . This test was relatively easy to state and apply, but Hitler vetoed the idea, without stipulating what he wanted as a replacement.
Meetings among Government and Party officials after the September 1933 annual Nuremberg party rally revealed the existence of two factions:
- the radicals, generally non-government party officials, who wanted a broad meaning of the term "Jew," with the concomitant effect of a stricter standard for having "German blood." Their focus was ideological and their justification was the extreme Hitlerian rhetoric of the last ten years. The radicals wanted "quarter-Jews" classified as "Jews": a person with one Jewish grandparent would be deemed "Jewish." Persons with less Jewish ancestry would be considered "Mischlinge."
- the pragmatists, generally government officials, who were concerned with foreign policy and international implications, including possible economic sanctions at a time that the economy of Nazi GermanyEconomy of Nazi GermanyWorld War I and the subsequent Treaty of Versailles with its severe reparations imposed on Germany led to a decade of economic woes, including hyperinflation in the mid 1920s...
was still fragile. Their view was that only persons with three or four Jewish grandparents would be classified as "Jewish," with others considered as "Mischlinge."
Obviously there was a considerable divergence of opinion. The resulting compromise was implemented by the First Supplementary Decree. As Harrier points out:
The question of how to define a Jew became the subject of bureaucratic infighting that resulted in ludicrously complicated regulations.
Categories
The First Supplementary Decree of 14 November 1935 (Decree) addressed this issue by defining three categories:- Persons of German or kindred blood
- Jews
- Persons of mixed Jewish blood (Mischlinge)
By applying the test, a person would be classified into exactly one of the preceding categories.
Part One
The first part of the test is implemented by setting up three categories as follows:- A person with either three or four Jewish grandparents is considered to be a Jew.
- A person with exactly two Jewish grandparents is considered to be either a Jew or a Mischling of the first degree (discussed below, second part of test)
- A person with only one Jewish grandparent is considered to be a Mischling of the second degree.
Part Two
The remaining problem was the treatment of a person with two Jewish, and two non-Jewish, grandparents. This leads to the second part of the test, which has four subdivisions.A person with exactly two Jewish grandparents was deemed a Jew if either:
- a) he is a member of the Jewish religious community on 14 November 1935 or later becomes a member; or
- b) he is married to a Jew on 14 November 1935 or later marries a Jew; or
- c) his parents were married on or after 30 September 1935, and one of his parents is Jewish; or
- d) he is born out of wedlock after 31 July 1936, and one of his parents is Jewish.
If such a person is not classified as a Jew under any of these four subtests, then he is a Mischling of the 1st degree (since ex hypothesi he has two Jewish grandparents).
Examples
The following Examples demonstrate how Part Two of the Decree's legal test operates.Remember that in every case, X always has exactly two Jewish grandparents. Unless this initial condition applies, there is no point in applying these tests, as the categorization into the three basic classes (Jew, Mischling, German) is only complicated in the case of "exactly two" Jewish grandparents.
Test A
- X had always worshiped as a Jew but on 1 November 1935 he converted to Catholicism. He is a Mischling (1st degree) as a result. If he had waited two more weeks to convert, he would be classified as (and would always remain) a Jew.
- X had left the Jewish religious community but rejoins it on 1 December 1935. He was a Mischling but on 1 December he will be classified as a Jew.
Test B
- X had been married to a Jew for years but on 1 November 1935, their divorce becomes final. He is a Mischling (1st degree) as a result. If the divorce proceedings had lasted for two more weeks, he would be classified as (and would always remain) a Jew.
- X was a lifelong bachelor but married a Jew on 1 December 1935. He was a Mischling but on 1 December he will be classified as a Jew.
Test C
- X has one Jewish and one non-Jewish parent and they are married 20 September 1935. He is born two years thereafter. He is a Mischling (1st degree). Same result if he is born on 1 October 1935.
- X has one Jewish and one non-Jewish parent and they are married 20 October 1935. He is born two years thereafter. He is classified as a Jew. Same result if he is born 1 November 1935.
Test D
- X has one Jewish and one non-Jewish parent, who never marry. He is born 10 August 1936. He is classified as a Jew. If he had been born two weeks earlier (e.g. 27 July 1936), he would have been classified as a Mischling (1st degree).
- X has one Jewish and one non-Jewish parent. He is born 27 July 1936.
- if his parents were married on 15 September 1935, he is a Mischling (1st degree).
- if his parents were married on 15 October 1935, he is a Jew.
- if his parents never marry, he is a Mischling (1st degree).