Halakot Gedolot
   HOME

TheInfoList



OR:

Halachoth Gedoloth (lit. great halachoth) is a work on Jewish law dating from the
Geonic ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders o ...
period. It exists in several different recensions, and there are sharply divergent views on its authorship, though the dominant opinion attributes it to
Simeon Kayyara Simeon Kayyara, also spelled ''Shimon Kiara'' (Hebrew: שמעון קיירא), was a Jewish-Babylonian halakhist of the first half of the 8th century. Although he lived during the Geonic period, he was never officially appointed as a Gaon, and ...
.


Authorship controversy

Kayyara's chief work is believed by some to be the ''Halakhot Gedolot'' (הלכות גדולות) whereas
Moses ben Jacob of Coucy Rabbi Moses ben Jacob of Coucy, also known as Moses Mikkotsi ( he, משה בן יעקב מקוצי; la, Moses Kotsensis), was a French Tosafist and authority on Halakha (Jewish law). He is best known as the author of one of the earliest codific ...
("the ''Semag''") wrote that it was in fact composed by Rav
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
. Based on
anachronistic An anachronism (from the Greek , 'against' and , 'time') is a chronological inconsistency in some arrangement, especially a juxtaposition of people, events, objects, language terms and customs from different time periods. The most common type ...
discrepancies, the ''Semags opinion that it was Rav Yehudai Gaon who composed the work Halachoth Gedoloth was thought to be an error. Rabbi
David Gans David Gans ( he, דָּוִד בֶּן שְׁלֹמֹה גנז; ‎1541–1613), also known as Rabbi Dovid Solomon Ganz, was a Jewish chronicler, mathematician, historian, astronomer and astrologer. He is the author of "Tzemach David" (1592 ...
may have been the first to suggest that the ''Semag'', in referring to "Rav Yehudai" as the author, was actually alluding to Rav Yehudai Hakohen ben Ahunai, Gaon of the
Sura Academy Sura Academy (Hebrew: ישיבת סורא) was a Jewish yeshiva located in Sura, Babylonia. With Pumbedita Academy, it was one of the two major Jewish academies from the year 225 CE at the beginning of the era of the Amora sages until 1033 CE a ...
(served 4519 - 4524 of the
Hebrew calendar The Hebrew calendar ( he, הַלּוּחַ הָעִבְרִי, translit=HaLuah HaIvri), also called the Jewish calendar, is a lunisolar calendar used today for Jewish religious observance, and as an official calendar of the state of Israel ...
) As to the time of its composition, all the older authorities are silent.
Abraham ibn Daud Abraham ibn Daud ( he, אַבְרָהָם בֵּן דָּוִד הַלֵּוִי אִבְּן דָּאוּד; ar, ابراهيم بن داود) was a Spanish-Jewish astronomer, historian, and philosopher; born at Córdoba, Spain about 1110; die ...
alone has an allusion to this problem, which has caused much perplexity. According to him, "Simeon Kayyara wrote his work in the year 741, and after him lived
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
, author of the ''Halakhot Pesukot'', which he compiled from Simeon's ''Halakhot Gedolot.''" This statement cannot be relied upon, as Simeon Kayyara in fact lived in the century following Yehudai Gaon; and Halevy is of the opinion that the names were inadvertently switched, though this reading creates as many problems as it solves. The Ramban in his preface to Sefer Ha-Mitzvot says in passing that Simeon, not Yehudai, was the author of Halachot Gedolot. Many ancient authorities, like the
Geonim ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of ...
Sherira and
Hai ben Sherira Hai ben Sherira (Hebrew: האי/י בר שרירא) better known as Hai Gaon (Hebrew: האי/י גאון, חאיי גאון), was a medieval Jewish theologian, rabbi and scholar who served as Gaon of the Talmudic academy of Pumbedita during the ...
, and others, support Kayyara's authorship; and according to A. Epstein, there can be no doubt that Simeon Kayyara wrote the ''Halakhot Gedolot.'' It would also seem from the statements of these authorities that Simeon Kayyara's chief sources were the ''She'eltot'' of
Achai Gaon Achai Gaon (also known as Ahai of Shabḥa or Aha of Shabḥa, Hebrew: רב אחא חאימשַׁבָּחָא) was a leading scholar during the period of the Geonim, an 8th-century Talmudist of high renown. He enjoys the distinction of being th ...
and the ''Halakhot Pesukot'' of
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
. Other authors, in particular from France, Germany and Italy, ascribe this work to
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
. Some scholars have tried to reconcile these two views by saying that the core of the work was written by Yehudai Gaon and that Simeon Kayyara later expanded it. Halevy holds that this "core" is to be identified with the ''Halakhot Pesukot''.
Louis Ginzberg Louis Ginzberg ( he, לוי גינצבורג, ''Levy Gintzburg''; russian: Леви Гинцберг, ''Levy Ginzberg''; November 28, 1873 – November 11, 1953) was a Russian-born American rabbi and Talmudic scholar of Lithuanian-Jewish desc ...
(in his ''Geonica'') is of the opinion that the Babylonian recension (see below) is the work of Yehudai Gaon and that Simeon Kayyara expanded it into what is now known as the Spanish recension. Both these views were formed before the discovery of the sole surviving manuscript of the ''Halakhot Pesukot'', and the question may need to be reassessed.


Title variations

Some Jewish-Spanish authors, to distinguish it from later
halakhic ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comman ...
codices of a similar nature, called the work "Halakhot Rishonot". It gives the entire halakhic and practical material of the
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...
in a codified form, and seems to represent the first attempt to treat it according to its contents rather than according to the arrangement of its treatises.


Sources

The A. Hildesheimer edition of the ''Halakhot Gedolot'' gives no less than 83 passages in which the ''She'eltot'' has been cited (Reifmann gives 109 passages); and it has in addition more than 40 literal though unacknowledged quotations from this same source. At the time of that edition it was more difficult to trace material borrowed from
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
's ''Halakhot Pesukot'', since the original form of that work had been lost. (It has since been found: see
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
.) A comparison with the redaction of Yehudai Gaon's composition which has been preserved as the ''Halakhot Pesukot'' or ''Hilkot Re'u'', showed that most of the
halakhot ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical command ...
in that recension were found in the ''Halakhot Gedolot,'' although they deviate from it both in wording and in arrangement. Simeon Kayyara, however, used yet another recension of the ''Halakhot Pesukot'', and at times cites both. There were of course other sources at his disposal which have not been preserved. Not only does the fact that both the ''She'eltot'' and the ''Halakhot Pesukot'' were used, but also certain passages in the ''Halakhot Gedolot'' of themselves, prove that the work was composed about the year 825, apparently at
Sura A ''surah'' (; ar, سورة, sūrah, , ), is the equivalent of "chapter" in the Qur'an. There are 114 ''surahs'' in the Quran, each divided into '' ayats'' (verses). The chapters or ''surahs'' are of unequal length; the shortest surah ('' Al-K ...
, since many explanations and usages of the ''Halakhot Gedolot'' are elsewhere cited under the names of
Geonim ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of ...
of that place.


Interpretations and redactions

In the course of time the ''Halakhot Gedolot'' underwent many changes. In
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
and in
North Africa North Africa, or Northern Africa is a region encompassing the northern portion of the African continent. There is no singularly accepted scope for the region, and it is sometimes defined as stretching from the Atlantic shores of Mauritania in ...
the legal decisions of the
Geonim ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of ...
were incorporated into the book, and its whole appearance was so changed that gradually a different recension was developed. The original or Babylonian redaction exists in printed form in the editions of Venice (1548), Amsterdam (1762), Vienna (1810), etc., and finally in that of Warsaw (1874, with an index of passages and notes by S. A. Traub). This redaction was used by the Babylonian
geonim ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of ...
and by the German and northern French scholars; for the citations of the latter from the ''Halakhot Gedolot,'' which work they ascribe to
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
, refer to this recension. In the 13th century this recension reached Italy, where it was used by
Isaiah di Trani Isaiah di Trani ben Mali (the Elder) (c. 1180 – c. 1250) (), better known as the RID, was a prominent Italian Talmudist. Biography Isaiah originated in Trani, an ancient settlement of Jewish scholarship, and lived probably in Venice. ...
(see ''Ha-Makria'', No. 31). The second or so-called Spanish redaction (''Mahadurat Aspamia'') exists in a manuscript in the
Vatican library The Vatican Apostolic Library ( la, Bibliotheca Apostolica Vaticana, it, Biblioteca Apostolica Vaticana), more commonly known as the Vatican Library or informally as the Vat, is the library of the Holy See, located in Vatican City. Formally es ...
, and has been edited by A. Hildesheimer in the collection of the '' Mekitze Nirdamim'' (Berlin, 1888–92). The material of this recension is much richer and more comprehensive, since it contains many passages from the
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...
, mnemonic introductory words ("simanim"), the order of the weekly lessons, and, most important of all, legal decisions of the
Geonim ''Geonim'' ( he, גאונים; ; also transliterated Gaonim, singular Gaon) were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate, and were the generally accepted spiritual leaders of ...
, usually indicated by the term "shedar" (="he sent"), which are lacking in the earlier redaction. The first gaon of whom a ''teshuvah'' is mentioned in this recension is
Yehudai Gaon Yehudai ben Nahman (or Yehudai Gaon; Hebrew: יהודאי גאון, sometimes: Yehudai b. Nahman) was the head of the yeshiva in Sura from 757 to 761, during the Gaonic period of Judaism. He was originally a member of the academy of Pumbedita, ...
; the last, Tzemah ben Paltoi (d. 890). A. Epstein has concluded, accordingly, that this redaction was made, or rather finished, about the year 900, in some place where the Jews were in close literary correspondence with the Babylonian seminaries. This was either in Spain or in northern Africa—probably in Kairwan, the center of Talmudic studies at that time. Evidence in favor of Kairwan is supplied by a passage in the ''Halakhot Gedolot'' (ed. Hildesheimer, p. 175), which mentions a usage as being common among the "Bene Afrika"; for it is known that "Afrika" frequently connotes Kairwan. From
northern Africa North Africa, or Northern Africa is a region encompassing the northern portion of the African continent. There is no singularly accepted scope for the region, and it is sometimes defined as stretching from the Atlantic shores of Mauritania in t ...
or
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
this recension was carried into
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
: it was used by the scholars of these three countries; and all of them regarded Simeon Kayyara as its author. In the 12th century the recension was brought to northern
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, and in the 13th to
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
, where it is sometimes cited by the scholars of both countries as "Halakhot Gedolot shel Aspamia". A more recent edition, based on the Venice edition of the Babylonian recension but showing variants from other versions, was published in Jerusalem in 1991 by Ezriel Hildesheimer (grandson of the Hildesheimer who edited the Berlin edition).http://www.worldcat.org/title/sefer-halakhot-gedolot-al-pi-mahadurat-venetsyah-308-u-shear-defusim-ve-khitve-yad/oclc/26456689?ht=edition&referer=di References to "the Hildesheimer edition" must therefore be approached with caution.


External links


Discussion by Robert Brody (below) with comments
Text of the book
''5308''/1548 Venice printing for online read or download at Hebrewbooks.com
(PDF, OCR'd)


References

*Robert Brody, ''The Geonim of Babylonia and the Shaping of Medieval Jewish Culture'', Yale 1998 It has the following bibliography: * A. Epstein, in Ha-Goren, iii. 46 et seq.; * A. Harkavy, Teshubot ha-Ge'onim, pp. xxvii., 374 et seq.; *
J.L. Rapoport Solomon Judah Löb HaKohen Rapoport ( he, שלמה יהודה כהן רפאפורט; June 1, 1786 – October 15, 1867) was a Galician and Czech rabbi and Jewish scholar. Rapoport was known by an acronym "Shir", שי"ר occasionally שי ...
, in Kerem Ḥemed, vi. 236; *Schorr, in Zunz Jubelschrift (Hebr. part), pp. 127 et seq.; *He-haluk, xii. 81 et seq.; * Weiss, Dor, iv. 26, 32 et seq., 107, 264; *Brüll, in his Jahrb. ix. 128 et seq.; * Grätz, Gesch. v. 234; *idem, in Monatsschrift, vii. 217 et seq.; *S. T. Halberstam, ib. viii. 379 et seq., xxxi. 472 et seq.; * I. Halevy, Dorot ha-Rishonim, iii. 200 et seq. {{Authority control Geonim