TolebiyAlibekuly (1663-1756) is an outstanding Kazakh public figure, famous biy of the Uly (Senior) Zhuz , an authoritative ‘Orda biy’ for the whole Kazakh people, ruler, orator and one of the authors of the ‘Zhety Zhargy’ code of norms and customs of the Kazakh law.
He was one of the ideologists of establishing the united Kazakh state and he was among those who led the fight against Dzhungar invasion during the ‘Years of the Great Disaster’-‘Aktaban shubyryndy’ and he showed himself to be a deep politician.
Biography
Tole was from the Kazakh clan of Dulat, Janys tribe of the Uly (Senior) Zhuz. He was a man from the non-aristocratic simple people ‘kara suyek’, but through his activities he could glorify his clan, the richest person of his epoch, who had an authority comparable with the power of khan, and he was one of the most famous wise biys of the steppe.
Tole was born in 1663 in Jaisan mountain area, Zhambyl region, Kazakhstan. His father Alibek was from the Kazakh clan of Dulat, tribe Janys. His grandfather Kudaiberdy biy participated in Yesim khan’s battle ‘Katagan kyrgyny’ (1627-1628) against rebellious Tursun khan (a ruler of Tashkent).
Tole biy was known as Uisun Tole biy, by name of the numerous Uisun tribe of the Uly (Senior) Zhuz. Uisuns called him Janys Tole biy. A huge amount of representatives of this tribe gave them power and authority. There is a proverb : ‘Janys kop pa, kamys kop pa?’( ‘Who is much more? Reeds in steppe or janys?)
By the father’s wish Tole started his learning at the age of five. A specially invited mullah Abushakir from Bukhara was involved in his teaching. As Bukhara was the center of Sufi thoughts, that were widely distributed in Kazakhstan, specially due to the active political activity of nakshbandii Order of sheikh Ahrar (who died in 1490) in Turkestan, so, it was a good reason because Kazakhs of the Uly (Senior) Zhuz were a part of Mogulistan (breakaway khanate of Chagatai ulus of Genghis khan), located near Maverannahr.
According to the standards of the time, Tole had real encyclopedic knowledge, had the ability to write and read, had an art to conduct negotiations in various languages of the local people. Since his childhood, he learnt nomadic traditions of Kazakh mentality, public speaking and poetic art. The knowledge of the ancient grammar, popular legends and his father’s eloquence contributed to his early adulthood and his unique insight and ability to settle disputes in fair between his tribesmen. At the age of 15 he had great social recognition and received a blessing (‘Bata’) from famous biys at that time.
The period of his participation with Kazybek biy, Aiteke biy and with other famous seven biys of Kazakh steppe at the council of biys and creation the code of laws ‘Jety Jargy’ has a special place in his biography. That was a time of his active legislative work, when biys, actually managed to generalize previous legislative experience of the Steppe, such as: ‘Jasau izi’ –‘Yasa of Genghis khan’, ‘Kasym hannin kaska joly’(‘The bright path of Kasym khan’ (1445-1518)), ‘Esim hannin eski joly’ (‘The ancient path of Yesim khan’(1598-1628)) and create a general Steppe Code –‘Jety Jargy’(1626-1718).
‘The years of the great Disaster’ (‘Aktaban Shubyryndy’(1723-1727) were important milestone of his life when Kazakh steppe was at risk of physical extermination and enslavement, particularly, from the side of Dzhungar khanate, Russian Empire, Tsin Empire and other Central Asian khanates.
At this time, Tole biy in fact led the Uly (Senior) Zhuz of kazakhs and make efforts to save population and throughout the province. Having lands on the southern part of Kazakhstan and some part of Uzbekistan the Uly (Senior) Zhuz under the leadership of Tole biy managed to save their own identity and insufficient independence in external aggression. After the death of Jolbarys khan, he ruled Tashkent during six years (1743-1749). Most of the evidence suggests that he died in 1756 in Akburkhan-orda, Lenger region, Turkestan oblast, Kazakhstan.
Merits:
From his early years, having become a biy of the Uly (Senior) Zhuz, he settled various disputes successfully and showed himself as a wise, fair judge, an expert on nomadic law, who inherited traditions of the past and he also proved himself as a politician, aimed at addressing complicated challenges that faced Kazakh statehood in geopolitical reality of that time.
If we refer to S.Zimanov’s book ‘The ancient world of the Kazakh law’, in which he states: ‘family tradition that contained ideology and culture of Turks of the great steppe had a great influence on his upbringing. His family tree starts from honourable descendant of Maiky-biy, his descendant Bakhtiyar biy, who was spoken about as: ‘Soz bastap ketse – sheshen, el bastap ketse – kosem’( If he speaks – tribune, if he rules the people – the leader’) [5].
He lived at the time full of historic events. For instance, he was an observer of the heyday of Kazakh nomadic statehood during the rule of Az-Tauke khan, that can be called as the Golden Age of Kazakh nomadic statehood, when ‘birds were sitting on the back of the sheep’ (‘Koi ustinde boztorgai zhumyrtkalagan kez’).
That was the age of well-being, stability and prosperity in the Kazakh steppe. This stage of his life had been marked as his participation with famous Kazakh biys – Kazybek biy, Aiteke biy in drafting ‘Jety Jargy’- Seven codes of Tauke khan. According to the article of academician Alkei Margulan about ‘Jety Jargy’, this code of laws included seven chapters that were actual for nomadic life:
• Mulik zany (The property law)
• Kylmys zany (The criminal law)
• Askeri zan (The military law)
• Elshilik zhoralary (The Ambassadorial custom)
• Zhurtshylyk zany (The law of Community)
• Zhesir dauy (Personal rights of widow)
• Kun dauy (claim for compensation) [6].
The involvement in this task enabled Tole biy to become one of the most authoritative legislator and judge of his time. According to some researchers, legal and political strengthening of the centralized Kazakh nomadic state enabled Kazakhs to withstand against aggressive environment of nomadic militant state of Dzhungars, Russian empire, Tsin empire and other new states of Maverannahr [7]. Tole biy was an observer and authoritative participant of repelling an attack, ingenious geostrategical politics and cruel conquering strategies by these foreign forces.
This tragic time in the life of Kazakh-nomads, characterized by violent and cruel consequences of Dzhungars’ invasion was called as ‘The years of the Great Disaster’-‘Aktaban shubyryndy’.
At this time, Tole biy demonstrated his exceptional talent of a ruler of the Uly (Senior) Zhuz, where his words were decisive for the whole Kazakhs. He conducted negotiations with Russia, Tsin China, Dzhungars and other multiple princes of Central Asian cities and oases. Tashkent was particularly significant for the cities of the southern Kazakhstan along the Silk Road where Kazakh-nomads were trading, controlled the caravans, and in general, there were strategic and economic interests.
In his decisions Tole biy showed a sincere interest in strengthening the stability of the region, as this enabled his wealth using border trade because it enabled to increase the scope of traditional pastoral land-use and trade. It’s known that he supported a mixed economic life of Kazakhs.
He considered that active trade and economic networking with centers of the international trade such as Russia, Iran and China was promising.
A famous scholar K.Sh. Khafizova writes: ‘Kazakhs and Central Asian people were Muslims and respected the Muslim culture, where Bukhara, Tashkent, Turkestan, Kashgar and Teheran were its centers. These cities were large cultural, trade and handicraft centers. Tole biy followed all muslim rituals and etiquette in relations with Islamic officials. He was also confident with Russian and Tsin Ambassadors. Tole biy made contacts with Dzhungars, Russians in 30s-40s and even with Tsin in his old age. Documents show that he was a deeply religious man in his adulthood, in later life, he wasn’t tied to prejudices and act naturally with aliens with respect to their customs. He conducted negotiations and having a great power he found solutions to problems. He was at the age of 83 as he declared, in summer 1758, when he held meetings with Tsin commanders and negotiated continuously understanding quickly Tsins’ purpose and tried to protect political and trade interests of Kazakh feudal lords’. It’s interesting that in his foreign-policy doctrine, Tole biy was guided by pragmatic priorities of the national interests of the Kazakh people. For instance, in his international correspondence he wrote friendly diplomatic letters to the Russian and Tsin officials expressing the desire to facilitate secure and active trade. Sometimes there is oriental diplomatic style with various expressions with mixed assurances ‘in allegiance’, although without exact desire to obey. On the other side, his policy concerning ‘inner circle’ of foreign-policy partners, such as Dzhungarian Khanate or other settled states of the Central Asia, was sophisticated and active with the aim to promote and strengthen the influence of the Kazakh khanate on them.
For example, in his letters to Abylai khan, he recommends him to use internal confrontation between different tribes in Dzhungar khanate to strengthen the influence of Kazakhs on the process of decision-making among Dzhungars, however, in the policy with Central Asian states, he recommends to strengthen the power of steppe leaders on their territory. Particularly, his son build a fort near Tashkent and controlled contribution of water to the city, that was an important argument for keeping Kazakh sovereignty in a big center of trade and craft during many years.
The power of Tole biy on the territory of the Uly (Senior) Zhuz was undivided and compared to the power of khan’s power, if not more, what Russians wrote in their reports. At this time he showed his talent as a statesman, crafty politician, diplomat, brave commander and patriot of the Kazakh state.
There are a lot of historical legends about Tole biy in folk art. Tole biy is called ‘Karlygash biy’( ‘a wise swallow’) on the plaque in Tashkent. There is an interesting fable about the origins of this name. It’s said, that during Dzhungar invasion on Tole biy’s aul, people escaped in mountains, steppe and there was only Tole biy who stayed in his yurt in a calm. The commander of Dzungars, having noticed this single yurt was surprised and ordered his warrior to know the reason. This warrior came to Tole biy and threatened him for his insolence. Tole biy showed him ‘shanyrak’. ‘Do you see? There is a swallow nested. I can’t go away . You can kill me but my life not worth these future birds’ lives, isn’t it?’ The warrior went away and explained the situation. The commander said:’ If people have such a wise man, then, these people can’t be enslaved. After that people called him Karlygash biy.
He died in 1756 in Akburhan-orda, Lenger district, Turkestan, Kazakhstan. But according to some sources in summer 1758 he still conducted negotiations with Tsin Ambassodors near Tashkent. The details of his life and death is the theme of scientific investigations in future.
After Jolbarys khan’s death Tole biy ruled Tashkent during six years (1743-1749). His tomb is located in Tashkent (capital of the present-day Uzbekistan).
His mission was: ‘Well-being and ensuring the peace of the people,/reconciliation of tribal communities/, the rise of power and dignity of a state,/ Country’s prosperity and growth of human well-being’/!
Tole could foresee events and allocate prominent people. He could see in a shepherd boy Sabalak a future khan of the Kazakhs – Abylai khan and supported him in becoming a great leader. Despite the fact that Tole biy had a power equal to the khan’s power, he thought deeply enough and made decisions even in the difficult political situations. There are two samples when he supported Barak sultan who killed Abulkhair and Koigeldy batyr, who participated in Russian caravan’s attack. These cases demonstrate that Tole biy had to deal with difficult cases where he could find a profit for society and for himself. People will say: ‘Wise people is better than wealthy man for the people’.
K.Sh.Khafizova mentions:‘ In 1748 Barak sultan who was respected as Khan in Kazakhstan, after the killing Abulkhair, had to escape from his children’ revenge from the Uly (Senior) Zhuz’. As it’s known, Tole biy participated in his judgment, he couldn’t be against Barak’s migration, but he didn’t support his desire to be a Khan.
We can see that Tole biy evaluated events in Steppe by his own way, and he was against disputes among the rulling elites. As demonstrated by his opinion and actions, he embraced for the unity of the Kazakh khanate’ [8].
The personality of Tole biy has a special place in the history of the Kazakh people as an outstanding politician, legislator, founder of the political and legal base of the centralized Kazakh nomadic state; skilled diplomat and commander, who could save state sovereignty, statesman and patriot who is concerned about unity and prosperity of the Kazakh people.
There are some words in people’s memories: ‘Aiteke speaks ardently, accurately and reveals the truth, Kazybek biy speaks with the deep meaning and Tole biy talks and arrives at the truth’ (‘Aiteke zharyp aitady, Kazybek kazyp aitady, Tole tauyp aitady’).
The following words are samples of his wisdom:
‘Even if there will be all people together, / Tamam jary jiylyp,
The land won’t be fertile in a place where they are, / Kongan jery ken bolmas.
Even if there will be all heads together, / Tamam sultan jiylyp,
Their words won’t be truthful and holy. / Soilegen sozi jon bolmas.
If there will be all thieves together / Ury-kary jiylyp,
It’s not possible to make a man who knows the truth. / Jaidy biler biy bolmas’[9].
Memory
Tole biy Alibekuly is present in our mind as one of the most authoritative politicians of the Kazakh khanate, who promoted unity of the Kazakh people and independence of its statehood.
There is Karlygash biy Mausoleum in Tashkent. In 2003, a postage stamp in his honour was issues. There is also a film about Tole biy. His personality inspires people in the spheres of theatre, literature and art to create thematically oriented programmes about his contribution to the development of Kazakh statehood.
The village Novotroitzkoe in Zhambyl region that is an administrative center of Shu district and located near Shu, was renamed Tole biy. There are streets in Almaty, Karaganda, Taraz, Kyzylorda, Shymkent, Turkestan and other regions named after Tole biy. There is Lenger city in Tole biy administrative and territorial entities in the southern Kazakhstan. Tole biy, as Kazybek biy and Aiteke biy are constant symbols of the justice in Kazakhstan. There is a monument of three biys in Nur-Sultan.
The leader of the Nation N.Nazarbayev said about three famous biys who lived in 17th-18th centuries, whose names were connected with the echoes from the ‘Golden age’ in justice of the Steppe: ‘ They became an imperishable icon of unity, their passionate speech mesmerized future generations like sacred books… We can talk a lot about famous life of these three great people, about their actions for the sake of honour, dignity, glory of the people and their natural leader talent, readiness of speech and higher justice’ [10].

Masoleum of Tole biy (named Karlygash biy) in Tashkent (Republic of Uzbekistan)
Memorial of the famous kazakh great biy’s – Tole biy, Kazybek biy, Aiteke biy
in the capital of the Republic of Kazakhstan Nur-Sultan


Memorial of Tole biy in Taraz (Republic of Kazakhstan)
References:
1. Toktabai А. Тole bi turaly tyn derekter // Egemen Kazakstan. – 2003. – 31 jeltoksan.
2. Istoriya Kazakhstana s drevneishih vremen do nashyh dnei. V 5-ti tomah. Т.3. – Almaty: Atamura, 2010. – 768 s.
3. Tynyshpaev М. Materialy po istorii kirgyz-kazahskogo naroda. – Tashkent, 1925; Almaty, 1992.
4. Kozybayev М. Ezhelden birlikti ansagan // Egemen Kazakstan. 1993. 19-mausym.
5. Varenikova S.P. Zarozhdeniye institute specialnyh znanii o kazahskom sude biyev / Qazaqtyn ata zandary: kujattar, derekter jane zertteuler = drevnii mir prava kazahov. Materialy, dokumenty I isledovaniya. 10 tomdyk. / Bagdarlama jetekshisi: Zimanov S.Z. Kazksha, oryssha, turkshe, agylshynsha. – Almaty: Jety Jargy, 2009. 10 tom. – s. 135-137.
6. Mazhitov S.F. Unikalnost suda biyev v kazahskoi istorii (na primere batyra Syryma) / Qazaqtyn ata zandary: Kujattar, derekter jane zertteuler = Drevnii mir prava kazahov. Materialy, dokumenty i issledovaniya. 10 tomdyk. / Bagdarlama Zhetekshi: Zimanov S.Z. Qazaqsha, oryssha, turkshe, agylshynsha. – Almaty: Jety jargy, 2009. 10 tom. – s. 215-218.
7. Adambayev B. Tole bi / Qazaqtyn ata zandary: Kuzhattar , derekter jane zertteuler = Drevnii mir prava kazahov. Materialy, dokumenty I issledovaniya. 10 tomdyk. / Bagdarlama jetekshisi: Zimanov S.Z. Qazaqsha, oryssha, turkshe, agylshynsha. – Almaty: Jety jergy, 2004. 1 tom. – s. 212-222.
8. К.Sh.Hafizova «Vneshnepoliticheskaya deyatelnost Tole bi», – «Mysl», 21 oktyabrya, 2013 goda.
9. Mashhur Jusip Kopeiuly. Tandamaly. Biler. – Pavlodar: EКО, 2018. – 336б., 56б.
10. Nazarbayev N. А. Pyat let nezavisimosty.