Responsum: On a Book Thief
Isaac al-Fāsī
Late 11th Century
In this short Hebrew responsum, al-Fāsī repudiates an anonymous jurist who permitted the theft (or perhaps, in the eye of the thief, the borrowing) of sacred commentaries. Al-Fāsī explains that the lenient ruling is based on the premise that one may steal books of Torah for the sake of study, but he argues that it is an egregious sin to take books even if one has noble goals.
Related Guide
Early Medieval Law and Religious Observance
Creator Bio
Isaac al-Fāsī
Isaac ben Jacob ha-Kohen al-Fāsī (known as Rif) was born in Qal‘at Ḥammād in what is now Algeria. After studying with leading scholars in Qayrawān, now Tunisia, al-Fāsī moved to Fez, now Morocco. He left Fez for Lucena, Spain, in 1088 and became the head of the academy there after the death of Isaac Ibn Ghiyath (1038–1089). Al-Fāsī was the author of hundreds of responsa, primarily written in Judeo-Arabic, but his most lasting contribution is his Hebrew and Aramaic Book of the Laws (Sefer ha-halakhot), a digest of the Babylonian Talmud that largely omits dialectic, legends, and nonapplicable laws. Al-Fāsī frequently cites Hayya Ga’on (939–1038) and other geonim. The Book of the Laws was immensely popular, attracted countless later commentaries, and exerted tremendous influence on the legal tradition, particularly on Maimonides (1138–1204). This work is included in all standard editions of the Babylonian Talmud.
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Critical Notes
The Book of Contracts
Commentary: On the Babylonian Talmud, Tractate Beẓah
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