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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. Genghis Khan appointed his second son, Chagatai (later Chagatai Khan), to oversee the laws' execution.
In the earliest text in Mongolian, the Secret History of the Mongols, the word yassa seems to refer specifically 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.
The supreme executive body of the present-day Mongolian government is called the Zasgiin gazar (), which means "the place of Zasag", i.e. "the place of order".
"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 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. Historians are left with secondary sources, conjecture and speculation, which describe much of the content of the overview. Historical certainty about the Yassa is weak compared to the much older Code of Hammurabi (18th century BCE) or the Edicts of Ashoka (3rd century BCE). The latter was carved for all to see on stone plinths, 12 to 15 m high, which were located throughout Ashoka's empire (now India, Nepal, Pakistan and Afghanistan).
The Mongols who lived in various parts of the empire began to add laws that were needed in their areas.
"all decisions about the distribution and about the judicial matters of the entire population"According to David Morgan, this amounts to: (1) "Matters pertaining to the division (...) of spoils and property"; and (2) "Matters pertaining to trials". Elsewhere in the Secret History, individual decrees of Genghis Khan are mentioned, but to what extent these should be understood as permanent laws is not always clear.
There are many other yassas to record each of which would delay us too long; we have therefore limited ourselves to the mention of the above.However, some of the organisational matters discussed by Juvyani match pretty well with the brief statement in the Secret History about the contents of Shigi Qutuqu's blue-script book. He mentions both matters of tax, provisions and the divvying up of spoils, as well as punishable offences, most of which appear to apply specifically to the peasantry that made up the army.
On the one hand, for example, he states that there is a requirement to hospitality law, a rule of selling women from other families, and a duty to maintain provisions for the ǰamči's (post stations). On the other hand, he paints a picture of strict army discipline, mentioning a ban on defection for soldiers, with the alleged punishment being summary public execution of the defector, and severe punishment for whoever offers shelter to the defector.
Throughout the rest of the work, Juvyani also mentions individual yassas, sometimes specifically ascribing them to Genghis Khan or his successors, and sometimes without further specification.
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.
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