Language:
Hebrew
Year of publication:
2022
Titel der Quelle:
מחשבת ישראל
Angaben zur Quelle:
ד (תשפג) 33-84
Keywords:
Samuel ben Hophni,
;
Rabbinical courts (Jewish law)
;
Islam Influence
;
Islamic law Philosophy
;
Geonic literature
;
Manuscripts, Judeo-Arabic
Abstract:
The purpose of this essay is to provide a conceptual framework for the comparative study of the genre of training books for jurists and judges known as Adab al-Qadi. This genre has many representatives in Islam, and several important studies have been devoted to it. The rediscovery of extensive texts from the Cairo Geniza has opened the possibility for studying Jewish-Islamic relations in light of a central institution: courts and legal administration. This genre, which has its core in Islam and several significant branches in Judaism, but whose roots are ancient, deals with a shared thematic and has similar sub-themes in both branches. Each religion has characteristics that distinguish it in the establishment of the genre. In this article, I will focus on a comprehensive description of this literary genus, with a thorough examination of the connectivity of the parallel structures it comprises. The case study that stands at its center serves as a preliminary typological examination of the attributes given to the judges in this genre. The judicial titles and personal requirements and characteristics are meant to reflect the appearance of justice in the eyes of the authors and creators of the legal genre: it presents the figure and judicial temperament of the judge, not only as someone who cannot be bribed, who will not pervert the law, etc., but also as an ideal of education and leadership and a role model. This article does not pretend to exhaust the matters discussed in the whole of this genre. Rather, it strives to present its raw discovery to the learned public and to open it up for further study and discussion. At the beginning of the article, I will present a new trend in the study of Jewish thought and the motivations that have brought me to engage in it. I will then briefly review two of the works of the Geonim in this genre that were discovered in the Cairo Geniza and two of the first works that should be seen as later developments of it in terms of time and place. I will extract initial buds concerning the study of the judge's profile in Halachic literature in the Middle Ages and will analyze these attributes in comparison to Muslim Halacha, particularly to ibn Abi al- Dam's Adab al-Qadi, a later compilation that dealt with the subject in a comprehensive manner. Finally, I will summarize these reflected aspects of the figure of the judge and the primordial contours for adjudication derived from the examined texts. I will also raise the question of inter-religious relations for further discussion and will suggest several directions that should be developed in the study of this new trend.
Note:
כולל תעתיק, תרגום לעברית ונוסח מוער של "כתאב לואזם אלחכאם", לר' שמואל בן חפני גאון, מתוך כתב יד אוקספורד Hunt 115.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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