Jewish Law:
- Halakhah - "the way" that one travels or walks
- most Jewish law is derived from the Talmud
- Talmud: 6th century (late antiquity period)
- Organization of Talmud: follows that of the Mishnah, in which six Orders (Sedarim; singular: seder) of general subject matter are divided into 60 or 63 tractates - based on loose themes.
- Torah is not terribly relevant when it comes to Jewish law
Basic Information about Islam:
- Islamic Law
- Sharia - "the path"
- law is derived from the Quran
- Quran: early 7th century (610-632 - medieval period)
- Quran is organized according to the size of the sections
- Surah = Section
- Koran is considered "more advanced" theologically speaking because it was created later than the Talmud
- Muhammed is illiterate and is praised for this because prophecy must be real because he could not have written it
- Most of the Jews Mohammed came into contact with were also illiterate
- They learned about Torah from the stories they heard from one another - oral tradition
- The Quran and its literature often have different versions of a story because the literature is based on hearing and passing on oral stories
- - Allah - name for God that cannot be translated. Similar to HaShem (The Name)
- - Muslim = to submit (derived from the word, Shalom, -also means to submit)
What is a covenant?
Covenant
What is the meaning of covenant in the context of law?
(2) God spoke to Moses and said to him, “I am the LORD. (3) I appeared to Abraham, Isaac, and Jacob as El Shaddai, but I did not make Myself known to them by My name יהוה. (4) I also established My covenant with them, to give them the land of Canaan, the land in which they lived as sojourners. (5) I have now heard the moaning of the Israelites because the Egyptians are holding them in bondage, and I have remembered My covenant. (6) Say, therefore, to the Israelite people: I am the LORD. I will free you from the labors of the Egyptians and deliver you from their bondage. I will redeem you with an outstretched arm and through extraordinary chastisements. (7) And I will take you to be My people, and I will be your God. And you shall know that I, the LORD, am your God who freed you from the labors of the Egyptians. (8) I will bring you into the land which I swore to give to Abraham, Isaac, and Jacob, and I will give it to you for a possession, I the LORD.” (9) But when Moses told this to the Israelites, they would not listen to Moses, their spirits crushed by cruel bondage.
Covenant relates in the context of God to giving the Israelites the Land of Canaan
(25) So he cried out to the LORD, and the LORD showed him a piece of wood; he threw it into the water and the water became sweet. There He made for them a fixed rule, and there He put them to the test. (26) He said, “If you will heed the LORD your God diligently, doing what is upright in His sight, giving ear to His commandments and keeping all His laws, then I will not bring upon you any of the diseases that I brought upon the Egyptians, for I the LORD am your healer.”
Covenant is:
- a conditional relationship
- has 2 partners
- a special relationship between God and a very particular people
(1) God spoke all these words, saying: (2) I the LORD am your God who brought you out of the land of Egypt, the house of bondage:
Exodus 24 (receiving of the 10 Commandments) - a covenant ceremony
(4) Moses then wrote down all the commands of the LORD. Early in the morning, he set up an altar at the foot of the mountain, with twelve pillars for the twelve tribes of Israel. (7) Then he took the record of the covenant and read it aloud to the people. And they said, “All that the LORD has spoken we will faithfully do!” (8) Moses took the blood and dashed it on the people and said, “This is the blood of the covenant that the LORD now makes with you concerning all these commands.” (9) Then Moses and Aaron, Nadab and Abihu, and seventy elders of Israel ascended;
Who is the covenant between?
In what way is the covenant conditional?
The Burning Bush Narrative:
Quran Surah 20:1-14
1. Ta-Ha.
2. We have not sent down the Qur'an to thee to be (an occasion) for thy distress,
3. But only as an admonition to those who fear ((Allah)),-
4. A revelation from Him Who created the earth and the heavens on high.
5. ((Allah)) Most Gracious is firmly established on the throne (of authority).
6. To Him belongs what is in the heavens and on earth, and all between them, and all beneath the soil.
7. If thou pronounce the word aloud, (it is no matter): for verily He knoweth what is secret and what is yet more hidden.
8. Allah. there is no god but He! To Him belong the most Beautiful Names.
9. Has the story of Moses reached thee?
10. Behold, he saw a fire: So he said to his family, "Tarry ye; I perceive a fire; perhaps I can bring you some burning brand therefrom, or find some guidance at the fire."
11. But when he came to the fire, a voice was heard: "O Moses!
12. "Verily I am thy Lord! therefore (in My presence) put off thy shoes: thou art in the sacred valley Tuwa.
13. "I have chosen thee: listen, then, to the inspiration (sent to thee).
14. "Verily, I am Allah. There is no god but I: So serve thou Me (only), and establish regular prayer for celebrating My praise.
Compare the following two texts:
What are the similarities? Differences?
How does each text portray God?
Surah 20:43-44
43. "Go, both of you, to Pharaoh, for he has indeed transgressed all bounds;
44. "But speak to him mildly; perchance he may take warning or fear ((Allah))."
46. [ Allah ] said, "Fear not. Indeed, I am with you both; I hear and I see.
47. So go to him and say, 'Indeed, we are messengers of your Lord, so send with us the Children of Israel and do not torment them. We have come to you with a sign from your Lord. And peace will be upon he who follows the guidance.
Laws of the Needy:
Psalm 82:3-4
Defend the poor and the orphan; deal justly with the poor and the destitute. Rescue the weak and the needy; deliver them from the hand of the wicked.
Midrash Tehillim 82:3
Defend the poor and the orphan; do justice to the afflicted and needy.
Quran 2:177
It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the Allah.fearing.
Fasting:
Quran Surah 2:184
(Fasting) for a fixed number of days; but if any of you is ill, or on a journey, the prescribed number (Should be made up) from days later. For those who can do it (With hardship), is a ransom, the feeding of one that is indigent. But he that will give more, of his own free will,- it is better for him. And it is better for you that ye fast, if ye only knew.
Numbers 9: 6-12
(6) But there were some men who were unclean by reason of a corpse and could not offer the passover sacrifice on that day. Appearing that same day before Moses and Aaron, (7) those men said to them, “Unclean though we are by reason of a corpse, why must we be debarred from presenting the LORD’s offering at its set time with the rest of the Israelites?” (8) Moses said to them, “Stand by, and let me hear what instructions the LORD gives about you.” (9) And the LORD spoke to Moses, saying: (10) Speak to the Israelite people, saying: When any of you or of your posterity who are defiled by a corpse or are on a long journey would offer a passover sacrifice to the LORD, (11) they shall offer it in the second month, on the fourteenth day of the month, at twilight. They shall eat it with unleavened bread and bitter herbs, (12) and they shall not leave any of it over until morning. They shall not break a bone of it. They shall offer it in strict accord with the law of the passover sacrifice.
The Sabbath
Exodus ch. 16: 22-30
(22) On the sixth day they gathered double the amount of food, two omers for each; and when all the chieftains of the community came and told Moses, (23) he said to them, “This is what the LORD meant: Tomorrow is a day of rest, a holy sabbath of the LORD. Bake what you would bake and boil what you would boil; and all that is left put aside to be kept until morning.” (24) So they put it aside until morning, as Moses had ordered; and it did not turn foul, and there were no maggots in it. (25) Then Moses said, “Eat it today, for today is a sabbath of the LORD; you will not find it today on the plain. (26) Six days you shall gather it; on the seventh day, the sabbath, there will be none.” (27) Yet some of the people went out on the seventh day to gather, but they found nothing. (28) And the LORD said to Moses, “How long will you men refuse to obey My commandments and My teachings? (29) Mark that the LORD has given you the sabbath; therefore He gives you two days’ food on the sixth day. Let everyone remain where he is: let no one leave his place on the seventh day.” (30) So the people remained inactive on the seventh day.
Exodus ch. 20: 8-11
(8) Remember the sabbath day and keep it holy. (9) Six days you shall labor and do all your work, (10) but the seventh day is a sabbath of the LORD your God: you shall not do any work—you, your son or daughter, your male or female slave, or your cattle, or the stranger who is within your settlements. (11) For in six days the LORD made heaven and earth and sea, and all that is in them, and He rested on the seventh day; therefore the LORD blessed the sabbath day and hallowed it.
Shabbat is a sign of the covenant between God and Israel.
Quran Surah 7:158-163
158. Say: "O men! I am sent unto you all, as the Messenger of Allah, to Whom belongeth the dominion of the heavens and the earth: there is no god but He: it is He That giveth both life and death. So believe in Allah and His Messenger, the Unlettered Prophet, who believeth in Allah and His words: follow him that (so) ye may be guided."
159. Of the people of Moses there is a section who guide and do justice in the light of truth.
160. We divided them into twelve tribes or nations. We directed Moses by inspiration, when his (thirsty) people asked him for water: "Strike the rock with thy staff": out of it there gushed forth twelve springs: Each group knew its own place for water. We gave them the shade of clouds, and sent down to them manna and quails, (saying): "Eat of the good things We have provided for you": (but they rebelled); to Us they did no harm, but they harmed their own souls.
161. And remember it was said to them: "Dwell in this town and eat therein as ye wish, but say the word of humility and enter the gate in a posture of humility: We shall forgive you your faults; We shall increase (the portion of) those who do good."
162. But the transgressors among them changed the word from that which had been given them so we sent on them a plague from heaven. For that they repeatedly transgressed.
163. Ask them concerning the town standing close by the sea. Behold! they transgressed in the matter of the Sabbath. For on the day of their Sabbath their fish did come to them, openly holding up their heads, but on the day they had no Sabbath, they came not: thus did We make a trial of them, for they were given to transgression.
As the Quran's only mention of the Sabbath, how would you describe the connection it is making between the Sabbath and the Jews?
Eating (Kashrut) - Comparing the Dietary Laws
(43) You shall not draw abomination upon yourselves through anything that swarms; you shall not make yourselves unclean therewith and thus become unclean. (44) For I the LORD am your God: you shall sanctify yourselves and be holy, for I am holy.
Quran Surah 2:168 - 173
168. O ye people! Eat of what is on earth, Lawful and good; and do not follow the footsteps of the evil one, for he is to you an avowed enemy.
169. For he commands you what is evil and shameful, and that ye should say of Allah that of which ye have no knowledge.
170. When it is said to them: "Follow what Allah hath revealed:" They say: "Nay! we shall follow the ways of our fathers." What! even though their fathers Were void of wisdom and guidance?
171. The parable of those who reject Faith is as if one were to shout Like a goat-herd, to things that listen to nothing but calls and cries: Deaf, dumb, and blind, they are void of wisdom.
172. O ye who believe! Eat of the good things that We have provided for you, and be grateful to Allah, if it is Him ye worship.
173. He hath only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. But if one is forced by necessity, without wilful disobedience, nor transgressing due limits,- then is he guiltless. For Allah is Oft-forgiving Most Merciful.
Quran Surah 5:1-5
1. O ye who believe! fulfil (all) commandments. Livestock animals are permitted for you, except those specified to you; but not wild game while you are in pilgrim sanctity.
3. Forbidden to you (for food) are: dead meat, blood, the flesh of swine, and animals dedicated to other than God; that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety. This day have those who reject faith given up all hope of your religion: yet fear them not but fear Me. This day have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion. But if any is forced by hunger, with no inclination to transgression, Allah is indeed Oft-forgiving, Most Merciful.
5. This day are (all) things good and pure made lawful unto you. The food of the People of the Book (Torah) is lawful unto you and yours is lawful unto them. (Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewdness, nor secret intrigues if any one rejects faith, fruitless is his work, and in the Hereafter he will be in the ranks of those who have lost (all spiritual good).
Quran Suran 6: 145-146
145. Say, "In what was revealed to me, I find nothing forbidden to a consumer who eats it, except carrion or spilled blood, or the flesh of the swine - because it is impure - or a sinful offering dedicated to other than God. But if someone is compelled by necessity, without being deliberate or malicious - you Lord is Forgiving and Merciful.
145. For the Jews We forbade everything with claws. As of cattle and sheep. We forbade them their fat, except what adheres to their backs, or the entrails, or what is mixed with bone. This is how We penalized them for their inequity. We are indeed truthful.
- Similarities:
- life was created by God and we must offer the soul back to God by ritual slaughter
- cannot eat animals that are not slaughtered, no swine, no food that has been blessed or dedicated to another god
- prohibition on blood
- Blood is the life force and life comes from God; in order to consume it, it must be 'sacrificed to God' with proper slaughter
- Jews and Muslims can eat Kosher meat
- Differences:
- Judaism: Dietary Restrictions are justified to keep one holy
- What is holiness? To be set aside (not better)
- Islam: Dietary restrictions are theological
- Judaism: Dietary Restrictions are justified to keep one holy
Prohibition Against Swine:
- Swine hatred developed during the Hellenistic Age and beyond
- Swine was the most popular meat in the hellenistic time so it was hated by
- If Mohammad wanted to appeal to Jews, he had to prohibit swine (recruiting tool)
Chulim - tractate in Talmud for Kashrut (dietary) Laws
- same origin as semitic word - Hallal
- impure - sacred, out of bounds for us
Comparative Law - Women and Divorce
Menstruation:
Quran Surah 2:222
And they ask you about menstruation. Say, "It is harm, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."
Leviticus 15:19
(19) When a woman has a discharge, her discharge being blood from her body, she shall remain in her impurity seven days; whoever touches her shall be unclean until evening.
Touching Sacred Objects During Menstruation:
Islam
During menstruation, women should not pray, the Quran should not be touched, verses from the Quran should not be recited
Judaism: Niddah Laws
- The Torah is exempt from being rendered impure but as Jewish custom developed it became common for rabbis to teach women who are menstruating to not come into contact with the Torah
Why do you think both Judaism and Islam have laws surrounding purity and women?
Women Making Oaths
Quran Surah 2:224
"And do not allow your oaths in God's name to hinder you from virtue, and righteousness, and making peace between people. God is listener and Knowerer.
Numbers 30:3-4
“If a man makes a vow to the Lord or takes an oath imposing an obligation on himself, he shall not break his pledge; he must carry out all that has crossed his lips. If a woman makes a vow to the LORD or assumes an obligation while still in her father’s household by reason of her youth
Quran Surah 2:225
God does not hold you responsible for your unintentional oaths, be He holds you responsible for your intentions. God is Forgiving and Forbearing
Kol Nidre
All vows, and prohibitions, and oaths, and consecrations, that we may vow, or swear, or consecrate, or prohibit upon ourselves, from the previous Day of Atonement until from this Day of Atonement until the [next] Day of Atonement that will come for our benefit.♦ Regarding all of them, we repudiate them. All of them are undone, abandoned, cancelled, null and void, not in force, and not in effect. Our vows are no longer vows, and our prohibitions are no longer prohibitions, and our oaths are no longer oaths.
The section on oaths appears in the same section as the law of ritual purity for women. Why do you think that is? What is the connection?
Conjugal Rights of Women
Surah 2:228
For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful.
Talmud Ketobot 61b
“The times for conjugal duty prescribed in the Torah are: for men of independent means, every day; for laborers, twice a week; for donkey drivers, once a week; for camel drivers, once in thirty days; for sailors, once in six months.”
How are the laws of conjugal rights beneficial for women?
The Taking and Saving of a Life
Quran Surah 5:32
Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors.
Mishnah Sanhedrin 4:5
Therefore man was created alone, to teach you that whoever destroys a single Israelite soul is deemed by Scripture as if he had destroyed a whole world.
What do these texts teach us about Judaism and Islam's understanding about the value of life?