Appendix 1: Parallels between Jewish and Islamic Systems of Law Jewish Law Islamic Law (Halakhāh) (Sharī‘ah) Jurisprudence Mishpāṭ Fiqh Written Law Torah (Pentateuch) Qur’ān (Torāh she-bi-Khtāv) (Kitāb) Oral Law Mishnah & Gemarah Sunnah (Torah She-be-‘Al-Peh) (Ḥadīth) Analogy Sevarāh Qiyās Consensus Aḥarēi ha-Rōv Ijmā‘ Custom Minhāg ‘Urf or ‘Ādah Response She’elōt u-’Teshuvōt Fatāwa (sing. Fatwā) Injunction Taqanāh Decree Gezeirāh Exegesis Midrāsh Tafsīr Legist Posēq Faqīh Religious Judge Dayyān Qāḍi ḥ Religious Court Beit Dīn Ma kamah Source: Hava Lazarus-Yafeh, “Hitpatḥūt ha-Torāh she-be-‘Al-Peh ve-ha-Halakhāh” [The Development of Oral Tradition and Law], in Yafeh, ed., Perakīm be-Toldōt ha-‘Aravīm ve-ha-Islām [Studies in the History of the Arabs and Islam] (Tel Aviv: Reshafim Publishing House, 1967), 156–175; S. D. Goitein, Jews and Arabs: Their Contacts Through the Ages (New York: Schocken Books, 1974), 59–61; S. D. Goitein, “The Interplay of Jewish and Islamic Laws,” in B. Jackson, ed., Jewish Law in Legal History and the Modern World, (Leiden: Brill, 1980), 61–77; David Steinberg, Islam and Judaism: Influences, Contrasts and Parallels, in http://www.houseofdavid.ca/. This page intentionally left blank Appendix 2: Seeking Unity in Diversity Article Appendix 3: The Chapter on Peace: A Jewish Sacred Text (Pērek ha-Shalōm in Tractate Dērekh ’Ēretz Zuṭā) Rabbi Jehoshua ben Levi said: Great is peace, for peace is to the land what yeast is to the dough. If the Blessed Holy One had not given peace to the land, the sword and the beast would depopulate it, as it is written (in Leviticus 16:6): “And I will give peace in the land.” And there is no land like Israel, as it is written (in Malachi 13:12): “And all nations shall call you happy, for you shall be a delightsome land.” And it is also written (in Zechariah 1:11): “And behold all the land sits still and is at rest.” It is written (in Ecclesiastes 1:4): “One generation passes away, and another generation comes, but the earth endures for ever.” One kingdom comes and another kingdom passes, but [the People of] Israel lives forever. [King] Solomon meant to say thus: Although one generation passes away and another one comes, one kingdom disappears and another one appears; and although evil decrees are enacted one after another against Israel, still they endure forever. [The Lord] does not abandon them, and they are never abandoned. They are never annihilated, neither do they decrease, as it is written (in Malachi 3:6): “For I the Lord have not changed: and you, sons of Jacob, have not ceased to be.” As I have never changed and will never change, so you, sons of Jacob, have never ceased and will never cease to be. But [it is written] (in Deuteronomy 4:4): “You that did cleave unto the Lord your God are alive, every one of you, this day.” Rabban Shimon ben Gamliel said: The world rests upon three things: On justice, on truth, and on peace. Said Rabbi Mona: Those are one and the same thing. For if there is justice, there is truth, and there is peace. And these three are expressed in one and the same verse, for it is written (in Zechariah 8:16): “Execute the judgment of truth and peace in your gates.” 176 Appendix 3 Wherever there is justice, there is peace, and wherever there is peace, there is justice. Rabbi Jehoshua said: Great is peace, for at the time [the People of] Israel arose and said (in Exodus 24:7): “All that the Lord has spoken will we do and obey,” the Blessed Holy One was pleased to give them His Torah and blessed them with peace, as it is written (in Psalms 29:11): “The Lord will bless His people with peace.” Hezekiah said: Great is peace, for at every commandment in the Torah it is written: “If you see,” “if you hit,” “if he calls,” “if you build.” Meaning, if such a thing occurs to you, you must do the commandment. But concerning peace, what is written? (In Psalms 34:15): “Seek peace, and pursue it,” which means, seek peace at the place where you are, and [if you do not find it,] seek it in other place. Hezekiah [also] said: Great is peace: In all the journeys of [the Children of] Israel it is written, “and they moved,” “and they encamped,” which means they moved in strife and encamped in strife; but when they came to Sinai, there was no more strife, and they all encamped in peace, as it is written (in Exodus 29:2): “And Israel encamped there.” The Blessed Holy One said: “Because Israel hated discord and loved peace, and they all became one encampment, this is a favorable time that I should give them my Torah.” Adoniah [the son of David], was killed because he was quarrelsome, and it is permitted to support the accusation of a quarrelsome man, as Nathan the Prophet did when he said to Bath-Sheba [accusing Adoniah] (in I Kings 1:14): “I myself will come in after you, and fulfill your words.” And Rabbi said: All manner of lying is prohibited, except when making peace between one and his fellow. Bar Kappara said: Great is Peace, as we found that the Torah spoke a lie in order to make peace between Abraham and Sarah, as it was said (in Genesis 18:12): “And Sarah laughed within her- self, saying [ . ] and my lord is old,” and at the end it is written “and I am old.” Bar Kappara said: Great is Peace, as we found that the Prophets spoke a lie in order to make peace between Manoah and his wife, as it was first said (in Judges 13:3): “Behold now, you are barren,” and then it was said “you shall conceive,” and nothing was mentioned of “barren.” Bar Kappara said: Great is Peace, as among the angels there is no animosity, no jealousy, no hatred, no commanding, no quarrelling, because the Blessed Holy One has made peace among them, as it is written (in Job 15:2): “Dominion and dread are with Him: he makes peace in his heavens.” “Dominion” is [the angel] Michael and “Dread” is [the angel] Gabriel, one of whom is of fire and the other one of water, and still they do not oppose each other, [for the Blessed Holy One has made peace between them]. Not to mention human beings who carry all these qualities. Rabbi Ishmael said: Great is peace, as we found that the Blessed Holy One gave up His Name [Peace] that was written with holiness, in order to Appendix 3 177 make peace between man and his wife. Rabbi Jehoshua said: Great is peace, in that the covenant of the priests was made with peace, as it is written (in Numbers 25:12): “I give to him my covenant of peace.” Rabbi Jehoshua said: Great is peace, as the name of the Blessed Holy One is [also] Peace (Shalōm), as it is written (in Judges 6:24): “And called it Adonāi-Shalōm.” Rabbi Hiya Bar Abba said: From this we deduce that greeting one’s fellow with Shalōm in a dirty place is forbidden. Why? [It is written] (in Judges 6:24) “Then Gideon built an altar there to the Lord, and called it Adonāi- Shalōm.” Why an altar that does not eat, drink or smell, and is not built but for the purpose of absolving [the People of] Israel is called Shalōm? [To teach us that] whoever loves peace and pursues peace, offers [the greeting of] peace first and responds with [the greeting of] peace, all the more so forges peace between [the People of] Israel and their Father in Heaven. Rabbi Jose the Galilean said: The name of the Messiah is also Shalōm, as it is written (in Isaiah 9:5): “My Everlasting Father is the Ruler of Peace.” Said Rabbi Jehoshua: Great is peace, for Israel is also called Shalōm, as it is written (in Zechariah 8:12): “For [Israel] there shall be the seed of peace [the vine shall give her fruit].” Peace for whom? For [Israel,] the Seed of Peace. Rabbi Jose the Galilean said: Great is peace, as when the Messiah shall come to Israel, he will open with Shalōm, as it is written (in Isaiah 32:7): “How beautiful upon the mountains are the feet of the messenger of good tidings that announces peace.” Rabbi Jose the Galilean [also] said: Great is peace, for even in time of war we begin in no other way than with [the call for] peace, as it is written (in Deuteronomy 20:10): “When you draw nigh to a city to make war against it, then summon it with [the call for] peace.” Rabbi Jehoshua said: Great is peace, for in the future the Blessed Holy One will uphold the righteous with peace, as it is written (in Isaiah 26:3]: “The mind that confides on You keeps [us in perfect] peace.” [Again] Rabbi Jehoshua said: Great is peace, because it accompanies the living as well as the dead. Why for the living? As it is written (in Exodus 14:18): “And Jethro said to Moses, Go in peace”; why for the dead? As it is written (in Genesis 15:15): “And you shall come to your fathers in peace.” Rabban Shimon ben Gamliel said: Great is peace, for we found that the Tribes told lies in order to make peace between Joseph and his brothers; as is written (in Genesis 50:16) “And they sent a message to Joseph, saying ‘your father did command [before he died].’” We cannot find [in the Torah] that he commanded them anything.