Asher ben Jehiel
Encyclopedia
Asher ben Jehiel- Ashkenazi (Hebrew
, אשר בן יחיאל, or Asher ben Yechiel, sometimes Asheri) (1250 or 1259 – 1327) was an eminent rabbi
and Talmud
ist best known for his abstract of Talmudic law. He is often referred to as Rabbenu Asher, “our Rabbi Asher” or by the Hebrew
acronym for this title, the ROSH (Hebrew
, רא"ש, literally "Head"). His yahrzeit is on the 9 Cheshvan.
and died in Toledo, Spain
. His family was prominent for learning and piety, his father Yechiel was a Talmudist, and one of his ancestors was Rabbi Eliezer ben Nathan
(the RaABaN). Asher had eight sons, the most prominent of whom were Judah and Jacob
, author of the Arba'ah Turim
, a code of Jewish law. His primary teacher was the Tosafist
Rabbi Meir of Rothenburg
, then in Worms
. In addition to his studies, ROSH worked in money lending, and according to his own statement, was independently wealthy.
In 1286, Emperor Rudolf I had instituted a new persecution of the Jews, and Rabbi Meir left Germany, but was captured and imprisoned. The ROSH raised a ransom for his release, but Rabbi Meir refused it, for fear of encouraging the imprisonment of other rabbis. Thereafter the Rosh assumed Rabbi Meir's position in Worms. He was, however, forced to emigrate (in all likelihood, a victim of blackmail by the government, aimed at acquiring his fortune). After leaving Germany, he first settled in southern France
, and then in Toledo
, Spain
, where he became rabbi
on the recommendation of Rabbi Solomon ben Abraham Adret (RaShBA). Rabbenu Asher's son Judah testified to the fact that he died in poverty. Rabbeinu Asher died in Toledo on 9 Cheshvan
5089 (1328 CE).
Rabbenu Asher possessed "methodical and systematic" Talmudic knowledge, and was distinguished for his ability to adumbrate long Talmudic discussions
. The ROSH, influenced by his teacher Rabbi Meir, was averse to lenient decisions in halakha
, even when theoretically justified. (Several of his rulings
which may appear lenient, are actually strictures: his decision against praying more than three times a day is, in fact, limiting. Similarly, his assertion that the phrase halacha le-Moshe me-Sinai - "an oral law revealed to Moses
on Sinai
" - does not always bear a literal meaning but often signifies a universally adopted custom, is not usually taken as a liberal interpretation.) The ROSH was, however, known for his independent legal reasoning: "We must not be guided in our decisions by the admiration of great men, and in the event of a law
not being clearly stated in the Talmud, we are not bound to accept it, even if it be based on the works of the Geonim
." (For instance, the ROSH ruled that the liturgy
of the Geonim was not subject to the Talmudic rule against change in the prayer
s.)
Rabbenu Asher was opposed to the study of secular knowledge, especially philosophy
. He held that philosophy is based on critical
research, whereas religion is based on tradition and the two are thus "incapable of harmonization". He said that "none that go unto her may return" - in fact, he thanked God
for having saved him from its influence, and boasted of possessing no knowledge outside the Torah
. He led the anti-Maimonists in Spain; he also attempted to issue a decree against the study of non-Jewish learning. One effect of this attitude was to limit his influence on secular Spanish Jewry. At the same time, within rabbinic circles, "he transplanted the strict and narrow Talmudic spirit from Germany to Spain
", and this, in some measure, turned Spanish Jews from secular research to the study of the Talmud.
. This work specifies
the final, practical halakha
, leaving out the intermediate discussion
and concisely stating the final decision
. It omits areas of law limited to Eretz Yisrael (such as agricultural and sacrificial laws) as well as the aggadic portions of the Talmud. Asher’s son Jacob
compiled a list of the decisions found in the work, under the title Piskei Ha-ROSH (decisions of the ROSH). Commentaries on his Halachot were written by a number of later Talmudists. In yeshivot, this work is studied as a regular part of the daily talmud study
. It is not well known, but the work is actually not a commentary on the Talmud but is rather a commentary on the Rif, and always starts with the text of the Rif (see Shach quoted in Kellolei HoRif, Rabbeinu Osher, ViTur printed before the Rosh on Shabbos, Klal 2). Some however dispute this (see Sdei Chemed Klalei HaPoskim, Rosh)
This work resembles the Hilchot of the Rif (Rabbi Isaac Alfasi
) - also an adumbration - but differs in quoting later authorities: Maimonides
, the Tosafists
and Alfasi himself. Rabbenu Asher's work superseded Alfasi's within a short time and has been printed with almost every edition of the Talmud since its publication. This work was so important in Jewish law
that Yosef Karo
included the ROSH together with Maimonides
and Isaac Alfasi
as one of the three major poskim
(decisors) considered in determining the final ruling in his Shulkhan Arukh.
Rabbi Asher also wrote:
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
, אשר בן יחיאל, or Asher ben Yechiel, sometimes Asheri) (1250 or 1259 – 1327) was an eminent rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
and Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
ist best known for his abstract of Talmudic law. He is often referred to as Rabbenu Asher, “our Rabbi Asher” or by the Hebrew
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
acronym for this title, the ROSH (Hebrew
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
, רא"ש, literally "Head"). His yahrzeit is on the 9 Cheshvan.
Biography
The Rosh was born in western GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and died in Toledo, Spain
Toledo, Spain
Toledo's Alcázar became renowned in the 19th and 20th centuries as a military academy. At the outbreak of the Spanish Civil War in 1936 its garrison was famously besieged by Republican forces.-Economy:...
. His family was prominent for learning and piety, his father Yechiel was a Talmudist, and one of his ancestors was Rabbi Eliezer ben Nathan
Eliezer ben Nathan
Eliezer ben Nathan of Mainz , Ra'aven , was a halakist and liturgical poet. As an early Rishon, he was a contemporary of the Rashbam and Rabbeinu Tam, and one of the earliest of the Tosafists. He was the son-in-law of Rabbi Eliakim b. Joseph of Mainz, a fellow student of Rashi...
(the RaABaN). Asher had eight sons, the most prominent of whom were Judah and Jacob
Jacob ben Asher
Jacob ben Asher, also known as Ba'al ha-Turimas well as Rabbi Yaakov ben Raash , was likely born in Cologne, Germany c.1269 and likely died in Toledo, Spain c.1343....
, author of the Arba'ah Turim
Arba'ah Turim
Arba'ah Turim , often called simply the Tur, is an important Halakhic code, composed by Yaakov ben Asher...
, a code of Jewish law. His primary teacher was the Tosafist
Tosafot
The Tosafot or Tosafos are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes...
Rabbi Meir of Rothenburg
Meir of Rothenburg
Meir of Rothenburg was a German Rabbi and poet, a major author of the tosafot on Rashi's commentary on the Talmud...
, then in Worms
Worms, Germany
Worms is a city in Rhineland-Palatinate, Germany, on the Rhine River. At the end of 2004, it had 85,829 inhabitants.Established by the Celts, who called it Borbetomagus, Worms today remains embattled with the cities Trier and Cologne over the title of "Oldest City in Germany." Worms is the only...
. In addition to his studies, ROSH worked in money lending, and according to his own statement, was independently wealthy.
In 1286, Emperor Rudolf I had instituted a new persecution of the Jews, and Rabbi Meir left Germany, but was captured and imprisoned. The ROSH raised a ransom for his release, but Rabbi Meir refused it, for fear of encouraging the imprisonment of other rabbis. Thereafter the Rosh assumed Rabbi Meir's position in Worms. He was, however, forced to emigrate (in all likelihood, a victim of blackmail by the government, aimed at acquiring his fortune). After leaving Germany, he first settled in southern France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, and then in Toledo
Toledo, Spain
Toledo's Alcázar became renowned in the 19th and 20th centuries as a military academy. At the outbreak of the Spanish Civil War in 1936 its garrison was famously besieged by Republican forces.-Economy:...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, where he became rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
on the recommendation of Rabbi Solomon ben Abraham Adret (RaShBA). Rabbenu Asher's son Judah testified to the fact that he died in poverty. Rabbeinu Asher died in Toledo on 9 Cheshvan
Cheshvan
Marcheshvan , sometimes shortened to Cheshvan , is the second month of the civil year and the eighth month of the ecclesiastical year on the Hebrew...
5089 (1328 CE).
Rabbenu Asher possessed "methodical and systematic" Talmudic knowledge, and was distinguished for his ability to adumbrate long Talmudic discussions
Gemara
The Gemara is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah. After the Mishnah was published by Rabbi Judah the Prince The Gemara (also transliterated Gemora or, less commonly, Gemorra; from Aramaic גמרא gamar; literally, "[to] study" or "learning by...
. The ROSH, influenced by his teacher Rabbi Meir, was averse to lenient decisions in halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
, even when theoretically justified. (Several of his rulings
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
which may appear lenient, are actually strictures: his decision against praying more than three times a day is, in fact, limiting. Similarly, his assertion that the phrase halacha le-Moshe me-Sinai - "an oral law revealed to Moses
Moses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...
on Sinai
Mount Sinai
Mount Sinai , also known as Mount Horeb, Mount Musa, Gabal Musa , Jabal Musa meaning "Moses' Mountain", is a mountain near Saint Catherine in the Sinai Peninsula of Egypt. A mountain called Mount Sinai is mentioned many times in the Book of Exodus in the Torah and the Bible as well as the Quran...
" - does not always bear a literal meaning but often signifies a universally adopted custom, is not usually taken as a liberal interpretation.) The ROSH was, however, known for his independent legal reasoning: "We must not be guided in our decisions by the admiration of great men, and in the event of a law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
not being clearly stated in the Talmud, we are not bound to accept it, even if it be based on the works of the Geonim
Geonim
Geonim 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 the Jewish community world wide in the early medieval era, in contrast to the Resh Galuta who wielded secular authority...
." (For instance, the ROSH ruled that the liturgy
Siddur
A siddur is a Jewish prayer book, containing a set order of daily prayers. This article discusses how some of these prayers evolved, and how the siddur, as it is known today has developed...
of the Geonim was not subject to the Talmudic rule against change in the prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
s.)
Rabbenu Asher was opposed to the study of secular knowledge, especially philosophy
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
. He held that philosophy is based on critical
Critical theory
Critical theory is an examination and critique of society and culture, drawing from knowledge across the social sciences and humanities. The term has two different meanings with different origins and histories: one originating in sociology and the other in literary criticism...
research, whereas religion is based on tradition and the two are thus "incapable of harmonization". He said that "none that go unto her may return" - in fact, he thanked God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
for having saved him from its influence, and boasted of possessing no knowledge outside the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
. He led the anti-Maimonists in Spain; he also attempted to issue a decree against the study of non-Jewish learning. One effect of this attitude was to limit his influence on secular Spanish Jewry. At the same time, within rabbinic circles, "he transplanted the strict and narrow Talmudic spirit from Germany to Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
", and this, in some measure, turned Spanish Jews from secular research to the study of the Talmud.
Works
Rabbenu Asher’s best known work is his abstract of Talmudic lawHalakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
. This work specifies
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
the final, practical halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
, leaving out the intermediate discussion
Gemara
The Gemara is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah. After the Mishnah was published by Rabbi Judah the Prince The Gemara (also transliterated Gemora or, less commonly, Gemorra; from Aramaic גמרא gamar; literally, "[to] study" or "learning by...
and concisely stating the final decision
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
. It omits areas of law limited to Eretz Yisrael (such as agricultural and sacrificial laws) as well as the aggadic portions of the Talmud. Asher’s son Jacob
Jacob ben Asher
Jacob ben Asher, also known as Ba'al ha-Turimas well as Rabbi Yaakov ben Raash , was likely born in Cologne, Germany c.1269 and likely died in Toledo, Spain c.1343....
compiled a list of the decisions found in the work, under the title Piskei Ha-ROSH (decisions of the ROSH). Commentaries on his Halachot were written by a number of later Talmudists. In yeshivot, this work is studied as a regular part of the daily talmud study
Torah study
Torah study is the study by Jewish people of the Torah, Hebrew Bible, Talmud, responsa, rabbinic literature and similar works, all of which are Judaism's religious texts...
. It is not well known, but the work is actually not a commentary on the Talmud but is rather a commentary on the Rif, and always starts with the text of the Rif (see Shach quoted in Kellolei HoRif, Rabbeinu Osher, ViTur printed before the Rosh on Shabbos, Klal 2). Some however dispute this (see Sdei Chemed Klalei HaPoskim, Rosh)
This work resembles the Hilchot of the Rif (Rabbi Isaac Alfasi
Isaac Alfasi
for other Al-Fasi's see Al-Fasi disambiguationIsaac ben Jacob Alfasi ha-Cohen - also known as the Alfasi or by his Hebrew acronym Rif , was a Talmudist and posek...
) - also an adumbration - but differs in quoting later authorities: Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
, the Tosafists
Tosafot
The Tosafot or Tosafos are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes...
and Alfasi himself. Rabbenu Asher's work superseded Alfasi's within a short time and has been printed with almost every edition of the Talmud since its publication. This work was so important in Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
that Yosef Karo
Yosef Karo
Joseph ben Ephraim Karo, also spelled Yosef Caro, or Qaro, was author of the last great codification of Jewish law, the Shulchan Aruch, which is still authoritative for all Jews pertaining to their respective communities...
included the ROSH together with Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
and Isaac Alfasi
Isaac Alfasi
for other Al-Fasi's see Al-Fasi disambiguationIsaac ben Jacob Alfasi ha-Cohen - also known as the Alfasi or by his Hebrew acronym Rif , was a Talmudist and posek...
as one of the three major poskim
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
(decisors) considered in determining the final ruling in his Shulkhan Arukh.
Rabbi Asher also wrote:
- Orchot Chaim, an essay on ethicsEthicsEthics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
, written for his sons. It begins with the comment, “Distance yourself from haughtiness, with the essence of distancing.” Orchot Chaim is today an important work of musar literatureMusar literatureMusar literature is the term used for didactic Jewish ethical literature which describes virtues and vices and the path towards perfection in a methodical way.- Definition of Musar literature :...
. - A commentaryClose readingClose reading describes, in literary criticism, the careful, sustained interpretation of a brief passage of text. Such a reading places great emphasis on the particular over the general, paying close attention to individual words, syntax, and the order in which sentences and ideas unfold as they...
on ZeraimZeraimSeder Zeraim is the first and shortest Seder of the Mishnah, the first major work of Jewish law. The section of mishnah was written by the rabbis to inform all Jews what must be done to fulfill their biblical obligations of prayer and commandments about food.Observers of Jewish law are bound with...
(the first order of the MishnahMishnahThe Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
) - with the exception of Tractate BerachotBerakhot (Talmud)Berachot is the first tractate of Seder Zeraim, a collection of the Mishnah that primarily deals with laws relating to plants and farming...
. - A commentary on TohorotTohorotTohorot is the sixth order of the Mishnah . This order deals with the clean/unclean distinction and family purity. This is the longest of the orders in the Mishnah. There are 12 tractates:...
(the sixth order of the Mishnah). - TosafotTosafotThe Tosafot or Tosafos are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes...
-like glosses on several Talmudic topics. - A volume of responsaResponsaResponsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.-In the Roman Empire:Roman law recognised responsa prudentium, i.e...
; see History of Responsa: Fourteenth century. - There is a volume of responsa entitled 'Besamim Rosh' which is falsely attributed to the Rosh. In fact it has been shown to be a forgery from the 18th century, and contains controversial decisions which contradict what the Rosh wrote in his (genuine) responsa. This collection was published by Saul BerlinSaul BerlinSaul Berlin was a German Talmudist and one of the most learned Jews of the Mendelssohnian period.-Early life:...
, Tzvi Hirsch LevinHirschel LevinRabbi Hirschel Ben Arye Löb Levin was Chief Rabbi of the United Kingdom and Berlin, and Rabbi of Halberstadt and Mannheim....
's son. It was exposed as a forgery by Mordecai BenetMordecai BenetMordecai ben Abraham Benet was a Talmudist and chief rabbi of Moravia born at Csurgó, a small village in the county of Stuhlweissenburg, Hungary.-A Gifted Child:...
(amongst others)
External links
- References
- Asher ben Jehiel, jewishencyclopedia.com
- Rabbi Asher ben Yechiel - The “Rosh”, ou.org
- Rabbi Asher ben Yechiel- Rosh Nehora.com
- Resources
- Orchot Chaim HebrewHebrew languageHebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
Fulltext, daat.ac.il
- Orchot Chaim Hebrew