By Ze'ev Maghen
Islam prides itself on being “the faith of facility”. Muslim resources are unanimous in assigning to Judaism the position of counterweight during this regard, announcing it a process of “burdens and shackles” wherein the Jews “oppressed their souls”. This neat polarity either fueled, and used to be the made of, a desirable reciprocal technique: while that sharî'a used to be being created within the unfavourable photo of halakha, halakha was once being retroactively re-imagined by way of Muslim jurists and exegetes because the antipode of sharî'a . even supposing scholarly stories of the intertexture of Islam and Judaism abound, few have touched upon the Muslim tradition’s belief and usage of Jewish legislation, and none has performed so intensive. This e-book goals to fill that lacuna and additional our realizing of the age-old embody and grapple among the 2 faiths.
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Extra info for After Hardship Cometh Ease: The Jews as Backdrop for Muslim Moderation
Kister, Society and Religion from Jdhiliyya to Islam (Aldershot: Variorum, 1990). Kister, spartan as ever, manages to compress into this short study a large amount of material from a wide variety of sources, thus providing a sizeable reservoir to scholars who would fill in this lacuna. One who has begun to do so is David Powers: for rukhsa (or at least 'udhr) in action - as it was applied in genuine judicial cases - see chapters 2 and 5 of his Law, Society and Culture in the Maghrib, 1300-1500 (Cambridge: Cambridge University Press, 2002).
Brinner (Leiden: E. J. Brill, 2000), 269-78. 18 Visiting the second "heaven" during his celebrated mi'räj (ascension), Muhammad indeed witnessed "men with lips like camels, with pieces of fire like stones in their hands. They thrust them into their mouths and they come out their posteriors. Gabriel said: these are those who devoured the property of orphans" (Ibn Ishäq—Guillaume, 185). 19 BaghawT, 3:4. 15 19:12 Naskh, Rukhsa and the Incubation of Islamic Law 35 The "incident of the necklace" in about 5 A H was the occasion for yet another divine modification.
5 : 6 had abrogated (in this case by augmenting) the first half. Scores of additional examples could be adduced, among them the famous " r e d u c t i o n " from fifty daily prayer sessions to five, granted Muhammad in the course of his Night Journey and Ascent to the seventh heaven, 2 3 as well as the revocation of the requirement to perform ritual ablutions before each and every one of those sessions. 24 It will have been noticed by now that all of the cases discussed so far involve extenuation.