This material is dedicated to the creator of the Kazakh legal code “Zhety Zhargy,” as well as the wise judge, poet, and orator Tole Bi Alibekuly.
By the mid-18th century, Tashkent had already become one of the largest trade and craft centers in Central Asia. In terms of the area of residential buildings and the number of inhabitants, Tashkent was not inferior to the ancient cities of the region—Samarkand and Bukhara.
However, life in the agricultural oasis on the border with the nomadic steppe remained very turbulent. As in previous centuries, the city attracted conquerors, endured devastating invasions, and frequently changed rulers, preserving only the traditional way of life and loyalty to the Muslim faith. From those times to the present day, an amazing architectural monument has survived in the historical center of Tashkent—the Mausoleum of Kaldirgach-Biy, which became a place of veneration for two peoples. Uzbeks see it primarily as a legendary symbol of the struggle for independence from foreign invaders and non-believers. Meanwhile, the inhabitants of the southern regions of Kazakhstan revere it as the burial place of their national hero—the great judge, poet, orator, and author of the legal code “Zhety Zhargy,” Tole Bi Alibekuly of the Dulat clan.
In the 17th century, due to internal strife and constant wars with Shiite Iran, the power of the Uzbek Shaybanid dynasty significantly weakened. Taking advantage of the situation, the sultans of nomadic Kazakh tribes rushed to conquer the rich agricultural regions south of the Syr Darya River.
Two centuries later, the Kazakh tribes themselves faced the devastating invasion of the Dzungars—fearsome nomads who had previously conquered Tibet, Kashgar, and Mongolia, forcing all of Central Asia to shudder as they recalled the times of Genghis Khan. In 1723, the Dzungar taisha—hereditary prince Galdan-Tseren, son of the “Ruler of the Universe” Tsewang-Rabtan—captured and ravaged Tashkent, imposed tribute on the city, and even attempted to introduce Lamaist Buddhism—the state religion of the Dzungar Khanate. The foreign warriors desecrated Muslim shrines: they cut off bas-reliefs with Quranic verses that adorned the Mausoleum of Kaffal al-Shashi. Thus, Mahayana Buddhism, which had been brought to Mongolia and China from the Kushan Empire by wandering monks along the Silk Road in the 3rd century, almost returned along the same paths on the spears of conquerors.
According to folk legends, the resistance to the invaders’ rule was led by the then ruler of Tashkent, the just judge, poet, and orator Tole Bi Alibekuly. It is worth noting that these legends were based not on a mythical figure but on the deeds of a real historical person. Chronicles of the time indicate that Tole Bi came from the Janys wing of the Dulat clan, the most numerous and renowned in the Senior or Great Zhuz, which was the main of the three tribal unions that later formed the Kazakh nation.
Tole Bi was born in 1663 in the Zhaysan tract in the Chu River valley in southern Kazakhstan, the son of the tribal judge Alibek Bi. After the death of Khan Zholbarys, Tole Bi ruled Tashkent for six years—from 1743 to 1749. The wisdom and justice of the judge were highly praised even by his contemporaries. Along with two other great judges—Kazykbek Bi and Aiteke Bi—Tole Bi was one of the authors of the Kazakh legal code “Zhety Zhargy” (“Seven Charters”), which combined the legal norms of Islamic Sharia with the traditional codes of adat—the set of rules of everyday behavior accepted among nomads. After the years of the “Great Disaster”—as the Kazakhs call the period of wars with the Dzungar Khanate—Tole Bi’s authority among his tribesmen rose to unprecedented heights. This was partly due to his wise calls to adopt agriculture and learn useful skills and crafts from sedentary peoples. His famous saying was: “He who has seen his father will learn to shoot, he who has seen his mother will know how to sew a fur coat.” Tole Bi died in 1756 in Akburhan-Orda, in the territory of the modern Lenger district of the South Kazakhstan region, but he was buried in the center of Tashkent.
According to legend, when the vast hordes of Dzungar horsemen began to advance on Tashkent from the steppes, many people panicked and fled their settled places, often abandoning all their possessions. However, Tole Bi did not move. Galdan-Tseren, accustomed to instilling terror among Muslims with just his name, ordered the judge to be brought to him and asked why he had not fled, wondering if he was not afraid. Tole Bi replied that he did not want to dismantle his yurt lest he disturb a swallow’s nest with newborn chicks. According to the legend, the stern conqueror was touched by this response and did not harm the righteous man or his family. From that moment on, Tole Bi became known as Kaldirgach-Biy—Master of the Swallow. Later, by his personal example, he rallied the people to resist the invaders. After the Dzungars were expelled, he was elected ruler of Tashkent, and upon his death, he was buried with great honors next to the grave of the saint Sheikh Khavend-Tahur.
However, it is important to remember that this is a legend. The real Tole Bi Alibekuly governed Tashkent from 1743 to 1749—twenty years after Galdan-Tseren’s capture of the city. And of course, the historical judge differed somewhat from the legendary figure of Kaldirgach-Biy.
In 1741, a Tatar merchant named Shubai Arslanov, on behalf of Russian military officials, undertook a journey from Orenburg to Tashkent. According to his reports, Tole Bi had been “ousted” from Tashkent by a Kazakh bek named Kusen. Moreover, as Arslanov reported, both warring feudal lords were obedient vassals of the Dzungar governors, and the local residents “suffered greatly.” Tole Bi’s residence was located where the ancient irrigation canal Bozsu branched off from the Chirchik River. At that time, the canal provided drinking and irrigation water for all of Tashkent. This allowed the Kazakh biy to literally control the life of the vast city and its surroundings. “If he wishes, he can dam the flowing canal and redirect it, causing the Tashkent residents to die for lack of water for their fields,” Arslanov wrote in his reports to the Russian military intelligence. Such actions, it should be noted, would be more fitting for a river deity of the pre-Islamic era than for a holy protector of Muslims. Nevertheless, in other reports, the same merchant noted that many residents of Tashkent fled from the oppression of Bek Kusen and the Dzungars to seek refuge under Tole Bi’s protection. In any case, in the collective memory, Tole Bi remained a just ruler and a fighter for independence.
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