קווים לדמותה של סוגת "הליכות הדיינים והשיפוט" בתורת הגאונים ובהלכה האיסלאמית

Guidelines of the Genre “Judges’ Conduct of Judgement” in Geonic Literature and Muslim Law Neri Y. Ariel, Bar-Ilan University and Ben-Gurion University of the Negev Abstract The purpose of this essay is to provide a conceptual framework for the comparative study of the genre of training books for jurists and judges known as Adab al-Qāḍi. This genre has many representatives in Islam, and several important studies have been devoted to it. The rediscovery of extensive texts from the Cairo Geniza has opened the possibility for studying Jewish-Islamic relations in light of a central institution: courts and legal administration. This genre, which has its core in Islam and several significant branches in Judaism, but whose roots are ancient, deals with a shared thematic and has similar sub-themes in both branches. Each religion has characteristics that distinguish it in the establishment of the genre. In this article, I will focus on a comprehensive description of this literary genus,with a thorough examination of the connectivity of the parallel structures i comprises. The case study that stands at its center serves as a preliminary typological examination of the attributes given to the judges in this genre.The judicial titles and personal requirements and characteristics are meant to reflect the appearance of justice in the eyes of the authors and creators of the legal genre: it presents the figure and judicial temperament of the judge,not only as someone who cannot be bribed, who will not pervert the law, etc.,but also as an ideal of education and leadership and a role model. This articl edoes not pretend to exhaust the matters discussed in the whole of this genre.Rather, it strives to present its raw discovery to the learned public and to open it up for further study and discussion. At the beginning of the article, Iwill present a new trend in the study of Jewish thought and the motivations that have brought me to engage in it. I will then briefly review two of the works of the Geonim in this genre that were discovered in the Cairo Geniza and two of the first works that should be seen as later developments of it in terms of time and place. I will extract initial buds concerning the study of the judge’s profile in Halachic literature in the Middle Ages and will analyze these attributes in comparison to Muslim Halacha, particularly to ibn Abi al-Dam’s Adab al-Qāḍi, a later compilation that dealt with the subject in acomprehensive manner. Finally, I will summarize these reflected aspects of the figure of the judge and the primordial contours for adjudication derived from the examined texts. I will also raise the question of inter-religiousrelations for further discussion and will suggest several directions that should be developed in the study of this new trend.