Did Maimonides Reform Jewish Law to Keep Jews Out of Islamic Courts?

Dec. 28 2018

In Maimonides and the Merchants, Mark R. Cohen explores how the legal rulings of the great 12th-century philosopher and jurist—along with those of other rabbis living in the medieval Islamic world—were shaped by the lived social and economic realities of their day. Documents found in the Cairo Genizah, for instance, show that it was common at the time for both Jewish and Muslim merchants to enter into arrangements whereby one merchant served as an agent for the other in one country, while the second did the same for the first in a different country. Cohen argues that Maimonides shaped his rulings to account for such arrangements, as Ezra Blaustein writes in his review:

In [the section of his code titled] “Laws of Agents and Partners,” [Maimonides] discusses the case of a person conducting business through the use of an agent and allows that person to demand that the agent swear an oath affirming that he did not steal any merchandise or embezzle any money while it was in his hands. Maimonides portrays this ruling as growing organically from an established rabbinic law about partners, who may demand oaths from each other, but, in fact, previous halakhah had treated agents and partners as entirely separate categories. Cohen persuasively argues that Maimonides yoked them together precisely because business arrangements [involving mutual agency] were so common in his world. . . .

These partnerships of agency, critical to commercial operations in this period, would have been difficult to fit into existing halakhah. The Talmud simply does not hold an agent to the same standards of accountability as it does a partner. Previous Jewish law would have regarded [the participants in the sort of arrangement to which Maimonides refers] as mere agents of each other, without the kind of legal protections and recourse necessary to make such an arrangement work, [and] without the ability to supply legal remedies when it didn’t. As a result, Jews would often turn to local Muslim judges to resolve disputes. . . . In transferring the oath of partners to a case of agency, Maimonides provided Jewish courts with a means of enforcement for this arrangement.

This resolution represents a model for Cohen’s broader historical argument. The Talmud assumed an economy centered around agriculture or local trade. As such, Cohen explains, it could not respond to all the demands of the more dynamic, long-distance mercantile system of the Islamic world in which Maimonides lived. This situation forced Jewish traders into Islamic courts, which were equipped to deal with such partnerships, a development that horrified Maimonides, who rails against visiting non-Jewish courts in [his code of Jewish law] in language even more forceful than that used in the Talmud forbidding this practice.

Maimonides, Cohen hypothesizes, hoped “to bring the Jewish merchant back into the halls of Jewish justice rather than have him cross the line to plead his case in the Islamic courtroom,” by yoking the halakhic concepts of partnership and agency to reflect the economic world in which he lived.

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More about: Halakhah, History & Ideas, Middle Ages, Moses Maimonides, Religion & Holidays, Sharia

Yasir Arafat’s Decades-Long Alliance with Iran and Its Consequences for Both Palestinians and Iranians

Jan. 18 2019

In 2002—at the height of the second intifada—the Israeli navy intercepted the Karina A, a Lebanese vessel carrying 50 tons of Iranian arms to the Palestine Liberation Organization (PLO). But Yasir Arafat’s relationship with the Islamic Republic goes much farther back, to before its founding in 1979. The terrorist leader had forged ties with followers of Ayatollah Ruhollah Khomeini that grew especially strong in the years when Lebanon became a base of operations both for Iranian opponents of the shah and for the PLO itself. Tony Badran writes:

The relationship between the Iranian revolutionary factions and the Palestinians began in the late 1960s, in parallel with Arafat’s own rise in preeminence within the PLO. . . . [D]uring the 1970s, Lebanon became the site where the major part of the Iranian revolutionaries’ encounter with the Palestinians played out. . . .

The number of guerrillas that trained in Lebanon with the Palestinians was not particularly large. But the Iranian cadres in Lebanon learned useful skills and procured weapons and equipment, which they smuggled back into Iran. . . . The PLO established close working ties with the Khomeinist faction. . . . [W]orking [especially] closely with the PLO [was] Mohammad Montazeri, son of the senior cleric Ayatollah Hossein-Ali Montazeri and a militant who had a leading role in developing the idea of establishing the Islamic Revolutionary Guard Corps (IRGC) once the revolution was won.

The Lebanese terrorist and PLO operative Anis Naccache, who coordinated with [the] Iranian revolutionaries, . . . takes personal credit for the idea. Naccache claims that Jalaleddin Farsi, [a leading Iranian revolutionary], approached him specifically and asked him directly to draft the plan to form the main pillar of the Khomeinist regime. The formation of the IRGC may well be the greatest single contribution that the PLO made to the Iranian revolution. . . .

Arafat’s fantasy of pulling the strings and balancing the Iranians and the Arabs in a grand anti-Israel camp of regional states never stood much of a chance. However, his wish to see Iran back the Palestinian armed struggle is now a fact, as Tehran has effectively become the principal, if not the only, sponsor of the Palestinian military option though its direct sponsorship of Islamic Jihad and its sustaining strategic and organizational ties with Hamas. By forging ties with the Khomeinists, Arafat unwittingly helped to achieve the very opposite of his dream. Iran has turned [two] Palestinian factions into its proxies, and the PLO has been relegated to the regional sidelines.

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More about: Hamas, History & Ideas, Iran, Lebanon, PLO, Yasir Arafat