History of the Jews, Vol. 4 (of 6)Graetz, Heinrich
History
History of the Jews, Vol. 4 (of 6)
Graetz, Heinrich
Jews -- History
Jacob's code forms part of a graduated scale, by means of which it
can be ascertained to how low a level official Judaism had sunk since
the time of Maimuni. In Maimuni's compilation thought is paramount;
every ritual practice, of whatever kind, whether good or bad, is
brought into connection with the essence of religion. In Jacob's
code, on the other hand, thought or reasoning is renounced. Religious
scrupulousness, which had taken so firm a hold of the German Jewish
congregations, inspires the laws, and imposes the utmost stringency
and mortifications. Maimuni, in accepting religious precepts as
obligatory, was guided entirely by the Talmud, and but seldom included
the decisions of the Geonim as invested with authority. Asheri's
son, on the contrary, admitted into his digest of religious laws
everything that any pious or ultra-pious man had decided upon either
out of scrupulosity or as a result of learned exposition. In his
code, the precepts declared to be binding by rabbinical authorities
far outnumbered those of Talmudic origin. One might almost say that
in Jacob Asheri's hands, Talmudical Judaism was transformed into
Rabbinism. He even included some of the follies of the Kabbala in his
religious digest.
Jacob's code is essentially different from that of Maimuni, not only in
contents, but also in form. The style and the language do not manifest
the conciseness and lucidity of Maimuni's. Notwithstanding this, his
code soon met with universal acceptance, because it corresponded to
a want of the times, and presented, in a synoptical form, all the
ordinances relating to the ritual, to marriage, and civil laws binding
on the adherents of Judaism in exile under the rule of various nations.
Rabbis and judges accepted it as the criterion for practical decisions,
and even preferred it to Maimuni's work. A few of the rabbis of that
age refused to forego their independence, and continued to pronounce
decisions arrived at by original inquiry, and therefore paid little
heed to the new religious code. The great majority of them, on the
other hand, not only in Spain, but also in Germany, were delighted to
possess a handy book of laws systematically presenting everything worth
knowing, making deep, penetrative research superfluous, and taxing
the memory more than the understanding. Thus Jacob's Tur became the
indispensable manual for the knowledge of Judaism, as understood by the
rabbis, for a period of four centuries, till a new one was accepted
which far surpassed the old.
Public-domain text, read in full here on John Shaqi.
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