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Time for Exams!

BS”D

The finals for this semester are closing in, and it provokes the inevitable question: What am I going to write about in my assignments?

This summer will present me for five finals, which all need a written assignment, one of them being a seminar paper, so there will be a lot of writing, which is fine, I do love to write, but it also takes a lot of extra reading. Nothing to do about that, besides to read.

What is nice about this semester, contrary to the last, is that I have more freedom to choose subjects, so the subjects will be more interesting for me. Anyway, as far as I have decided the subjects I am going to write about are:

The Use of Quranic Verses in Umayyad Architecture: In the course Archaeology and History of Muslim Jerusalem I have been wondering where to put my focus. Since the course mostly focused on the archaeology, and not so much in the history (well, it is part of it), I wondered how to combine it with my study of religion. My decision fell on the use of Quranic verses, which seems to be have very widespread during the Umayyad Caliphate, e.g. in the Dome of the Rock, so I thought that it could be interesting to see how the Quran was used as part of architecture and whether it was meant as some sort of educational tool, as was the case with other expressions of thought, e.g. in mosaics.

Christian Thought on Free Will: In the Early Christianity and Late Antiquity we have dealt most of this semester with studies on Augustine. In one of the classes we dealt with another Christian and contemporary of Augustine, Pelagius, who did provoke some controversy, among other thing on the question of free will and original sin. I found the thought interesting, especially from a theological point of view. Do we really have free will? If not, is God then Just? And if so, is God then All Powerful? It’s going to be interesting to see what these two thinkers thought of it.

Abraham ibn ‘Ezra’s response to Muslim Polemical Arguments: In the Medieval Jewish Exegesis we have dealt with the commentaries and methodology of four great Jewish commentators from the medieval Western Europe, namely Rashi, his grandson Rashbam, Abraham ibn ‘Ezra, and RaMBaN. Since I am mostly focused in the meetings between Islam and Judaism, I have decided to focus on ibn ‘Ezra and possible answers against Muslim attacks on the Jewish faith. I have to admit that I’m not too sure whether he really did deal with it, so I might change focus to his answers to the Karaites instead, in order to keep my focus on the Muslim world.

The Jewish Convert’s Attack on Judaism, and the Jewish Thinker’s Responses: The Battle over the Bible has really been an interesting course, where I’ve learned a lot of new things concerning approaches to the Bible as text and as phenomenon, both concerning Jewish, Christian and Muslim attitudes. Especially one Muslim caught my attention, the 12th century Jewish convert, Samaw’el al-Maghrabi, who wrote a polemical work against the Jewish faith called Ifham al-Yahoud, Silencing the Jew. This work apparently did become rather known, since we see a lot of later responses to it. One who responded rather early is Maimonides, though not on all of the Ifham, and probably not directly on it either. In his Iggeret Teyman, Letter to Yemen, he responds on some of the claims which is being brought forth in the Ifham. It could be interesting to see how the two view the Bible, and how Samaw’el’s approach differ from earlier Muslim approaches to the Bible.

Jewish Influences on Early Islamic Jurisprudence: This is one I’m really looking forward to, and which I have spend a lot of time considering. In the Early Islamic Texts and the Formation of the Muslim Community I have chosen to write my first seminar paper. I did decide from the outset to focus on Islamic law, since I feel that there are a lot of similarities between law in Islam and in Judaism, both in rules but also in methodology and attitudes. It is going to be a challenging subject though, leaving me with four problems to choose between. The first is the obvious comparative study of Jewish and Islamic Jurisprudence, where I wondered about whether there are any Jewish influences in the way early Islamic scholars approached the deduction of laws. One reason why I think so is the contrast in method there existed between the two earliest schools of law in Islam, al-Maliki and al-Hanafi, the former being situated in Medina and Mecca, and traditionally focused on tradition, based on the logic that since the prophet lived there, then he would naturally correct people who did things incorrect as well as showing the people the correct ways, whereas the latter, situated in Iraq, was much more inclined to relate to logical reasoning, something they might have learned from the many great Jewish scholars which had their ancient dwelling there, namely in the old Babylon. It wouldn’t be totally weird for the early Muslims to have relations to the Jewish scholars of Iraq. This doesn’t mean that there was influences or that they were total in so far as there were. The problem is how to relate to the matter, do we choose to make an external or internal study, do we compare the apparent similarities or do we go in and focus on the approach and outlook.

The interest in this particular subject was raised by two articles, one by Judith Romney Wegner, “Islamic and Talmudic Jurisprudence: The Four Roots of Islamic Law and their Talmudic Counterparts,” and one by Joseph E. David, “Legal Comparability and Cultural Identity: The Case of Legal Reasoning in Jewish and Islamic Tradition.”

In Islamic Jurisprudence there are four sources traditionally, two revealed sources, Quran and the Sunnah of the prophet (as it is found in the Hadith-literature), as well as Ijma, which means consensus, as well as Qiyas, which means analogical reasoning. The two first sources are agreed upon a hundred percent by all four schools, where as the two latter sources are subject for discussions.

Wegner, in her article, argues that the four sources are influenced by Jewish sources in the Talmud, the Quran being the Islamic answer on the Written Torah, the Sunnah on Oral Torah (written down in what is called Mishnah, which root is close to the root of sunnah), the consensus of the Ulamah, the learned Islamic scholars, being the Islamic answer on the consensus of the Sages, and Qiyas, legal reasoning being the answer on the Talmudic reasoning, two forms of reasoning which seem pretty similar, at least from an external point of view. And it is here where David comes in with his article, where he deals with different approaches to the comparative study, attempting to present a new approach, “jurisprudential consciousness”, based on the conscious ideas, principles, concepts, beliefs and reasoning of the jurist, which contrary to Wegner’s approach is a much more internal approach, leaving a different impression than the first.

An example is in its place, taken from David’s article. In both the Talmudic reasoning as well as in Islamic reasoning there is an understanding of judicial error, that is, a judge who makes a faulty decision. There are two categories under this subject, those faults which are based on lack of knowledge or understanding of the revealed sources, and those which is caused by flawed legal reasoning. In both Judaism and Islam the former has to be corrected, whereas the latter is accepted. And in both religions the former is based on precisely the same criteria, going against the revealed sources (in Judaism the Written and the Oral Torah, and in Islam the Quran and the Sunnah), where is the criteria differs in the latter case. In the Talmud the flaw based on legal reasoning is based on the wrong choice of two differing opinions, which have never been dealt with. It can be the case of two Tannaim (Mishnaic Sages) or two Amoraim (later Sages from the Gemarrah) who have a disagreement which was never solved. A later judge might then base his decision on one of the two opinions, whereas the general practice follows the other opinion. It is a fault, since he should have followed the normal practice, but it is still accepted. In case of Islamic thought, at least according to Shafi’i, the fault is caused based on flawed legal reasoning based on the principle of qiyas, analogy, not on the judge deciding the wrong of two differing opinions. And here we see a contrast between Jewish and Islamic legal reasoning.

But this is only the first of the four possible problems I might choose among. That is, how much similarity or difference are there between Jewish and Islamic legal thought, and can this be a sign of Jewish influence on early Islamic legal thought? The next problem is to establish connections. Namely, are there any Jewish converts who had influence on early Islamic law? If not, can we then assume that early Muslim legal scholars met with Jewish scholars and discussed with them? That is also an interesting question, a question which demands a different approach, focusing on historic accounts on interfaith meetings between Jews and Muslims within the first centuries of Islamic time.

The third question deals with the reasoning and methods of the “ahl al-ra’y,” the people of reasoning, the early Islamic scholars in Iraq, an important step in understanding the way the resonated in their dealing with legal questions. The reason for the importance of this, is obvious. If Shafi’i, a third century AH Islamic scholar, can be said to be influenced by Jewish thought, whereas the earlier Islamic scholar in Iraq differ strongly, then the question is how much Jewish legal thought influenced Islamic legal thought, and if at all.

The fourth problem is the already mentioned difference in approach found in the Meccan-Medinan legal thought, as expressed by imam al-Maliki, and the Iraqi legal thought, expressed by imam abu Hanifa, and their disciples. There are differences and the root and cause of these differences can be hinting to some Jewish influences on the one of them, so far as we can point to any similarity in the legal thought of the two religions.

My problem is to choose only one of these for problems, not having room or time enough to deal seriously with all of them. And I am in doubt which one of them to focus on.

So, there you are. This is my program for next two months. I’m looking forward to share thoughts and progress with you.

Studying the Talmud – First Mishnah, First Sugya

BS”D

 

In the last part we dealt with the first mishnah of Tractate B’rachot, being presented for opinions on until when we can recite the Shma’, the context of the Shma’, and so on. In this part we will focus on the first discussion relating to the mishnah, called “sugya,” where the Gemarrah will discuss the issue of the order of the recitals of the Shma’:

 

Keywords:

Building Block Sugya

סוגיה

The text of the Gemarrah is build up by several parts, dealing with different issues. Each of these parts are called “sugya.”
Mishnaic Sage Tanna

תנא

When the Gemarrah talks about the Tanna, then it is referring to the Mishnaic Sage behind the Mishnaic text.
As It Is Written Dichtiv

דכתיב

Whenever the Gemarrah states this term, then it deals with Biblical texts.
If You Want `I Ba’yet

אי בעית

This expression introduces a strengthening analogy.
If This Is So `I Hachi

אי הכי

This expression introduces a challenge to the preceding argument.

 

תנא היכא קאי דקתני מאימתי ותו מאי שנא דתני בערבית ברישא? לתני דשחרית ברישא!

תנא אקרא קאי דכתיב בשכבך ובקומך – והכי קתני זמן קריאת שמע דשכיבה אימת? משעה שהכהנים נכנסין לאכול בתרומתן

ואי בעית אימא יליף מברייתו של עולם דכתיב ויהי ערב ויהי בקר יום אחד

אי הכי סיפא דקתני בשחר מברך שתים לפניה ואחת לאחרית ובערב מברך שתים לפניה ושתים לאחרית לתני דערבית ברישא

תנא פתח בערבית והדר תני בשחרית עד דקאי בשחרית פריש מילי דשחרית והדר פריש מילי דערבית:

To what is the Tanna referring since he teaches ”from when,” and more, why is it that he teaches about the evening first? He should teach about the morning first.
The Tanna refers to the verse ”when you lay down and when you rise[1] – And this is what he is teaching, when is the time of the recital of the Shma’ when laying down? From the time that the Kohanim enters in order to eat their Terumah.
And if you want, [then] say that he learned from the creation of the world, as it is written “and it was evening and it was morning, one day.”[2]
If this is so, [why is it] in the end [of the Mishnah] taught ”In the morning do you bless twice before [the Shma’] and once after [the Shma’], and in the evening do you bless twice before [the Shma’] and twice after”?[3] Teach in the evening first.
The Tanna opened in the evening and then teaches in the morning, [and] while referring to the morning he explains the subjects of the morning and then returns and explains the subjects of the evening.

 

Two questions:

  1. What does the Tanna (of the Mishnah) refer to when he asks “from when”?
  2. Why does he teach about the evening Shma’ before the morning Shma’?

1: The Gemarrah wonders why the Tanna asks the question “from when” in regards to the evening Shma’. As we learned in the last post this is a rather sudden way of introducing the Mishnah. No explanations on what is going on or what we are about to deal with, just a question throwing us directly into the discussion. This isn’t the worry for the Gemarrah though – it is more interested in the source for the Mishnah’s question. “On what do you base this question? Why do you find the need to ask ‘from when’?” The answer is based on the Biblical verse of Devarim (Deuteronomy), which is part of the recital of the Shma’, and which gives us hints at when we should recite it. If we are to recite a Biblical text, shouldn’t it give us answers about itself as well? The Gemarrah answers for the Mishnah as well: when you lay down [to rest] and when you rise. And since the laying down comes first, then it is clear that this is the Shma’ which the Mishnah relates to, the evening Shma’, and evening, that is, when the evening Shma’ of “when you lay down” can be recited from “when the Kohanim enters to eat their Terumah.”

This first answer answers both the two questions asked, namely what is the basis (Devarim 6:7) for the question, and why is the evening Shma’ dealt with before the morning Shma’, namely because of the order of the wordings of “when you lay down” and “when you rise.”

The Gemarrah offers yet an answer, if the first isn’t satisfying, namely that we can establish the order of why the evening Shma’ is dealt with before the morning Shma’ on the order of Creation, namely that evening came before morning, as it is seen in Bereshit (Genesis) 1:5 – “and it was evening and it was morning, one day.”

A third question:

  1. Why is a later mishnah dealing with the subjects of the morning Shma’ before the evening Shma’, if the order of the Biblical verses argues for the opposite?

The argumentation of the order is challenged by the Gemarrah, referring to a later Mishnah (B’rachot 1:4), which in its order deals with the subjects of the morning Shma’ before it deals with the subjects of the evening Shma. If this is the case, the Gemarrah states, then the Tanna should deal with the morning Shma’ first here also, not the evening Shma’.

This, explains the Gemarrah, is no problem since the Tanna begins with the evening Shma’, which should be so based both on the context of the verse commanding the recital of the Shma’ twice a day, as well as the order of the Creation, but only in order to begin the whole discussion, and then continue to the morning Shma’, and while he is dealing with the morning Shma’ then he deals with its subjects as well, for then to return to the evening Shma’ after that.

There are a number of answers given to us here, not all of them being answers to questions asked, but that is also part of the discussion of the Gemarrah. What we learn here is the order of the recital of the Shma’, having it based on two Biblical verses (Bereshit 1:5 and Devarim 6:7), that evening was prior to morning in the Creation, that the Tanna only used the evening Shma’ as an introduction to the discussions on the subjects related to the recital of the Shma’.

 

As we see from this first discussion the Gemarrah doesn’t have a problem conducting a discussion with itself. It raises problems as they come, and deal with them based on quoting sources, the Bible and various Mishnaic material, in order to establish a conclusion, a conclusion the Gemarrah itself isn’t afraid of questioning.

There are three sources for the deducing of rules presented for us here. The first, and most important, is the Biblical Scripture, the Torah, the second is the Oral Tradition, here presented in the form of the Mishnah itself, and the third is the inferring by analogy (called Maqqish or Heqqesh).[4] The last is done by the comparison of two cases, in order to establish a conclusion. Here presented in the comparison between the evening Shma’ being presented before the morning Shma’. The question is why this is so. By comparing to two Biblical sources, Devarim 6:7 and Bereshit 1:5, we can learn that just as the evening Shma’ is mentioned in the Bible, so should it be in the Mishnah, which again follow the order of Creation. By this do we see the red thread between the Written and the Oral Torah. In the mishnah itself, the one dealt with already, we see a fourth source, namely consensus, which was the case of the “the Sages say.”

 

This conclude the first Sugya of the first mishnah.

 


[1] Devarim (Deuteronomy) 6:7.

[2] Bereshit (Genesis) 1:5.

[3] Mishnah B’rachot 1:4.

[4] See TB Zevachim 57a.

Comparative study on the law schools and overall structure of Islam and Judaism – Defining the Schisms

BS”D

 

Considering finding the comparison of the evolution of the Jewish maḍhab, I think there are some things that need to be in place, before we can begin the comparison. First off, one of the reasons the various maḍâhib appeared was the internal split as well as the geographical distance between the centers. People became more focused on their local center than on the overall center. When do we see the same in Judaism? Another thing which needs to be in place, is the acknowledgment of the same basic sources. When talking about Islam the split in the legal sources is the Sunnah and the Imams, where the Shi’as don’t acknowledge the Sunni compilations of Hadith, so the Sunnis don’t acknowledge the Shi’a ditto as well as the status of the Imams. Within the Sunni maḍâhib the basic sources where agreed upon, as they were, I believe, in the case of the Shi’a maḍâhib.

So we have two levels of comparison here. One is in the schism of disagreement on basic sources, that is, the sources considered holy and thus basic for further understanding of Allah’s will, the other the schisms within the major movements, where it is a question more about different principles in the interpretation of these sources, than the sources themselves.

When I think of examples on the first schism in Judaism, I find many and from various periods of time. During the Biblical times the obvious example is that of the Samarians and the Judeans. During the time of the Second Temple there are the schisms between the Pharisees and the Sadducees, the Essenes and the other Jewish groups (in regards to the status of the Temple as well as the priesthood of the Essenes), and later on between the Rabbinic Jews and the Karaites. Today we might even talk about the schism between the Orthodox on the one hand and the Reform on the other (with the Conservative movement somewhere in between). What is worthwhile to notice here is that we are talking about schisms, which emphasis the struggle on who are the right ones to define what “true Judaism” is, that is, where do we put the limits. That is also the case in the Islamic schism between the Sunnis and the Shi’as. Of course, which I dare say is obvious, it doesn’t mean that the two parts in each schism, whether Jewish or Muslim, denies the other side’s right to leave an imprint on the religion, as well as the case can be that sometimes the one part denies the other side’s right, while the other side acknowledge the right of the first side.

The schisms which I believe cannot be placed within this category of schisms, let’s call it the Schism of Who is Right, are those of the Ashkenazim and Sfaradim, and that of the Talmuds Yerushalmi and Bavli, simply because we have two sides, in both cases, agreeing on the basic sources.

This leaves me though with maybe even more work. First off, which groups should I focus on? It is clear that I need to decide on whether I focus on the Rabbinical Jews, the Sadducees, the Reform, the Sunni, or the Shi’as, for the sake of focus. Second off, I also need to establish whether we can find examples on the maḍâhib in all cases. Maybe I find it among the, let’s say, Karaites, but it doesn’t mean that it exists in the case of the Sadducees. I need to define my approach, my focus, and be able to explain why I chose that focus.

 

Some recommended reading:

 

“Studies in Usul al-Fiqh,” Iyad Hilal, can be found at www.islamic-truth.fsnet.co.uk

“Principles of Islamic Jurisprudence,” M. H. Kamali, can easily be found by search on Google.

“Hadith : Muhammad’s Legacy in the Medieval and Modern World,” Jonathan A. C. Brown. Oneworld Publication, 2009.

“The Most Learned of the Shi’a: The Institution of the Marja’ Taqlid,” edited by Linda S. Walbridge. Oxford University Press, 2001.

“Introduction to Islamic Theology and Law,” Ignaz Goldziher (translated by Andras and Ruth Hamori). Princeton University Press, 1981.

“Halakha in the Making: The Development of Jewish Law from Qumran to the Rabbis,” Aharon Shemesh. University of California Press, 2009.

“The Talmud: A Selection,” Edited by Norman Solomon. Penguin Books Ltd, 2009.

“Who Owns Judaism? Public Religion and Private Faith in America and Israel,” edited by Eli Lederhendler. Oxford University Press, 2001.

“For the Love of God and People: A Philosophy on Jewish Law,” Elliot N. Dorff. The Jewish Publication Society, 2007.

“An Introduction to the History and Sources of Jewish Law,” edited by N. S. Hecht, B. S. Jackson, S. M. Passamaneck, D. Piatelli, and A. M. Rabello. Oxford University Press, 1996.

“The Sages,” R. Ephraim Urbach. The Magnes Press, 1987.

“The Halakhah: Its Sources and Development,” R. Ephraim Urbach. Modan Ltd, 1996.