Stage 3 · Yaʿqūb al-Qirqisānī (10th c.)

Kitāb al-Anwār wa'l-Marāqib: Discourse V · Ch. 23: The twenty-third chapter regarding the prohibition of fire existing in our homes during the sabbath

Discourse V: The Torah's Legal Commandments

Kitāb al-Anwār wa'l-Marāqib in the original Judeo-Arabic, with a working English translation by Eliyahu Freedman (working draft). Hover a phrase to see its English light up; tap any word for a gloss.

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Scripture says (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the Sabbath day” and we must know the purpose of this verse and what it forbids for us, and if it is forbidden for a person to light something that requires the kind of activity like a bow drill to release the fire, or breaking and organizing wood in the fire such that the fire lights with blowing or another method. And it is not possible that this is the intention of Scripture in its verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day'” since all of what just mentioned is included in the forbidden actions. And if the Hakim needed to specify the prohibition of “lighting a fire,” even while it is already considered an action that is forbidden completely, let him be required to mention all the forbidden actions and labours individually by its name! And say “do not sew and do not tear and do not weave and do not tear and do not attach and do not break!” And since this is impossible, and the prohibition includes all “skilled labor” and “actions,” without needing to mention each one individually, it must be that the verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” does not refer to the things we just mentioned but rather intends something other which is that no fire can exist for us on the Sabbath.

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Say if someone asks “if the matter was such, the verse would say (Exodus 35:3) ‘Ye shall [not find] fire throughout your habitations’ in the same way that when the Torah forbids upon us finding leaven in our houses seven days it says (Ex. 12:19) ‘Seven days shall there be no leaven found in your houses; for whosoever eateth that which is leavened, that soul shall be cut off from the congregation of Israel, whether he be a sojourner, or one that is born in the land.’ And since it does not say this, but rather (Exodus 35:3) ‘Ye shall kindle no fire throughout your habitations upon the sabbath day’ and this means ‘do not light,’ the argument is null that no fire that is already lit which is present on the Sabbath is forbidden. But what is forbidden on the Sabbath for us is lighting a fire.” We say that the phrasing may differ and the meaning is the same, and we have already seen that the Torah says (Exodus 20:2) “I am the LORD thy God, who brought thee out of the land of Egypt, out of the house of bondage. Thou shalt have no other gods before Me” and also says (Deuteronomy 25:13) “Thou shalt not have in thy bag diverse weights, a great and a small” and it is not said there “Thou shalt not find...” as is said regarding leaven and like it says in (Deuteronomy 18:10) “There shall not be found among you any one that maketh his son or his daughter to pass through the fire, one that useth divination, a soothsayer, or an enchanter, or a sorcerer” and the meaning of the verse “thou shalt not find” and “there shalt not be” are two expressions that refer to the same interpretation, since “existing” and “finding” teach a common meaning. And just because the expressions are different does not imply that the meaning differs, since the expressions together return to the same notion. Similarly, when the verse says (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” it does not permit “finding fire” since it does not say “you shalt not find” since the verse “Ye shall kindle no fire” is in the place of “you shalt not find.”

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And if this objection was correct, it would be similarly be obligated to object and say that the verse which says (Deuteronomy 25:12) “then thou shalt cut off (ve-qatsotah) her hand (kafah), thine eye shall have no pity” does not obligate to cut off her hand since it does not say “cut of her hand” (kartah et yadah). But since the meaning of kafah and yadah are equivalent and similarly qatsotah and kartah, and the meaning of “you shall find no fire” and “you shall kindle no fire” are the same, it is possible to mention one of them in place of the other. And if he says “how is this possible since the verse says ‘it shall not be burnt on the Sabbath day?”’ We say this is necessary for what was previously mentioned in the verse and since fire cannot be found unless it has been lit, and has no existence apart from what it is burning, and this can only occur from a “burner” who connects between the fire and the object lit and the connector is the burner. And if the fire remains because of this, thus the one who began the connection is the “burner” the entire time that it is burnt. And if a fire is found burning on the Sabbath, thus the one who connected between the flame and burning object is the “burner” of it on the Sabbath. And the verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” forbids that fire remains burning during the Sabbath, and when we do this we are burning on the Sabbath. And the verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” is sufficient without saying “ye shall not find” and the verse’s “ throughout your habitations” teaches that it is forbidden merely where we sit however in His house and Temple the Menorah and offerings were lit on the Sabbath.

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And if one asks “this is correct only if we are considered ‘doing’ actions derived from our actions, and logic says other than this, since a plant derives from the actions of seeding and planting but is not the same action. And a child is born from the action of copulation, but birth is not the action of the copulater but rather the creation of God, praised and exalted. And especially according to your school’s view regarding the ‘actions of nature’ which contradicts the view on ‘actions derived from other actions,’ and thus how does your view obligate us?” We say “our view regarding the ‘actions of nature’ and our proof for it that we explained in Tafsir Bereishit refers to what logic necessitates, and are mentioned in the Torah but not under the category of obligation. However, the subject of obligation and commandments, if you follow after it, you find that it includes the obligation of derivative actions in the meaning of ‘intention’ and we will explain this later.

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For we in our discourse on the commandments move towards the direction of Scripture, for we obligate what the Torah obligates and prohibit what it prohibits. And thus when we see the texts and traditions in every place regarding fire and otherwise obligating derivative actions, since the “beginner” is the “doer” and he intends the derivative action which is forbidden to do, we describe him according to what the text forbids. And this is like the case of a person hitting another with a sword or another deadly object and he knows he is killing him, for if he dies he is the murderer and nobody else, and similarly if he damages a limb and what resembles this. And similarly if one lights another’s property on fire and knows that it will burn, and then it burns, he is the “burner” without a doubt, even if it was going to be burnt in a few days, and this is impossible to deny. Similarly if one lights a fire on Friday and intends for it to remain burning on the Sabbath, he is the “burner” of it on the Sabbath without a doubt. What we say confirms the words of Scripture (Exodus 22:5) “If fire break out, and catch in thorns, so that the shocks of corn, or the standing corn, or the field are consumed; he that kindled the fire shall surely make restitution.” And even if the fire is burning the next day or after five days the judgment obligates him according to the verse (Exodus 22:5) “...he that kindled the fire shall surely make restitution.”

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And now let us clarify our view on this topic and our answer. Say to them “tell us your view on one who lights a fire in the property of a person or his home and it burns. Who burnt that field or that home? The one who lit the fire or someone else?” And if they argue that the one who lit the fire did not burn the field, then there is nobody in the whole earth who burnt anything, and this goes against common sense. And if they say the one who lit the fire is the “burner,” we say “and if he lit the fire on Friday and it burns on the Sabbath when does the burning occur, on the Sabbath or before that?” And if they say before the Sabbath, this too goes against common sense and experience together, since burning requires a “burner” and the “burner” is named when the burning occurs as a result of his actions. And if they argue that he burnt before the Sabbath, but the burning occurred on the Sabbath, they are arguing that he burnt before any burning occurred, just as there is to say to them “if he burnt before the Sabbath, tell us does burning not start with lighting the fire?!” And if they agree, say to them “and if the fire is put out after it is lit, before burning anything, do we say that something was burnt?” And if they say “yes,” they are obligating someone as burning who did not burn and this is hypocrisy, and like this one is obligated in cooking and roasting as we will discuss subsequently.

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And if one opposes this and says “if one lit a fire and then dies before any property is burnt, and the fire burns on the Sabbath while he is dead, do we say that he burnt on the Sabbath while he is dead? If so, it follows that the dead are able to act and desecrate the Sabbath.” We say that this issue does not apply merely to us, but to all who follow Judaism, since the Creator be praised teaches us in his book that one who strikes another man with a deadly blow is the murderer and the one who caused his death. And it is possible that the murderer will die before the one murdered, and the dead person is a “doer.” And the case of the burner and one who cooks and roasts is like the murderer and the teaching for all of these cases is the same and what is obligated for the murderer we obligate for the burner.

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And regarding our answer to these two issues, we say that one who kills and burns and is alive at the time of the death or burning, we call him a murderer or burner in these situations where burning and death occurred. And if he dies before these events occur, we do not call him a “doer” in this situation since the dead cannot act. However a group of the philosophers of the Mu’atazila argue that the dead can act in terms of derivative actions, while we do not agree with this but say that this death or burning were the result of the dead person since he performed what mandated this, and he was the one who intended its occurrence and nobody else, and we nor others can respond more than this.

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And if one says that this view obligates one who strikes a person and the one struck dies on the Sabbath, thus he killed him on the Sabbath. We say that if he intended for this to occur on the Sabbath then this is the case, but if he did not intend this and he randomly died on the Sabbath it is not done on the Sabbath. However, one who lit a fire and left it to burn on the Sabbath intends for it to burn on the Sabbath and thus he is burning during the Sabbath. And this is parallel to what we preceded with the verse (Exodus 22:5) “If fire break out, and catch in thorns, so that the shocks of corn, or the standing corn, or the field are consumed; he that kindled the fire shall surely make restitution” since he left the fire and did not prevent it from escaping and thus is obligated in the fine like one who burnt intentionally. And we will see in the explanation of (Exodus 20:12) “Thou shalt not murder” regarding one who intended an action but did not complete it, confirms what we said here. And of the most incredulous statements of the Rabbanites is their forbidding of planting in the earth during the sixth year so that it does not grow in the seventh year. And does one with intelligence not question that like this obligate one for fire which is forbidden to be left from the sixth day to the Sabbath in order not to burn during the Sabbath?

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And another issue of theirs is that they say “Scripture forbids upon us to do work on the Sabbath while you with your prohibition of the lamp and what is similar to this are prohibiting work on Friday, and this is opposed to word of God (Exodus 20:8) ‘Six days shalt thou labour, and do all thy work.’” Say to them “this also obligates you similarly, since you forbid leaving seeds in a hand-mill strainer so that they will be ground on the Sabbath and thus are forbidding work on Friday, and similarly your prohibition of releasing water in a field at the end of Friday in order not to water the field on the Sabbath.”

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And our answer in these three issues is that we are not forbidden from lighting a fire nor leaving seeds in a hand-mill strainer nor opening a stream at any time during the six days of the week, but rather this is permitted the entire week until close to Friday at sunset. However, it is forbidden to leave it in such a state that the fire will remain burning on the Sabbath, or the hand-mill will grind on the Sabbath, or the stream will water on the Sabbath, since all of these are forbidden. For work is not forbidden on Friday but merely during the Sabbath.

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Next they ask regarding cooking, is it permitted during the Sabbath or not, and similarly roasting? And if they permit this, they leave the religion and if they forbid this we say to them “tell us regarding one who heats his oven before the Sabbath and places a pot or skewer with meat and it is cooked and grilled during the Sabbath, who cooks and roasts it?” For there is no choice but to say that the one who placed it there is the one who cooks and roasts on the Sabbath. And if not thusly, for there is nobody on the earth who cooked or roasted, since every one who cooks or roasts connects between the fire and the pot and skewer which is cooked and roasted. And one who disagrees with this ignores reality.

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And al-Fayummi shamelessly argued that cooking and roasting are permitted on the Sabbath and this is opposed to what God, praised and exalted, commands in his esteemed book since it says (Exodus 16:23) “And he said unto them: 'This is that which the LORD hath spoken: To-morrow is a solemn rest, a holy sabbath unto the LORD. Bake that which ye will bake, and seethe that which ye will seethe; and all that remaineth over lay up for you to be kept until the morning.'” For God commanded them to precede their baking and cooking on Friday and to do this since cooking and baking are forbidden on the Sabbath.

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And one of them argued that “burning” (bi’ur) applies only to the beginning of the action, which is connecting between the fire and wood and what is similar to this. However, the burning and eating of the flame after it is lit we do not call “burning.” And if this was the case, the Torah’s verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” prohibits only lighting which is the beginning of the action and not burning and what follows. And the one who holds this view is mistaken to the highest degree, and is because there are two kinds of “burning” (bi’ur) which are “lighting” and “burning.” Lighting, as in the verse (2 Chronicles 13:11) “and they burn unto the LORD every morning and every evening burnt-offerings and sweet incense; the showbread also set they in order upon the pure table; and the candlestick of gold with the lamps thereof, to burn (le-va’er) every evening; for we keep the charge of the LORD our God; but ye have forsaken Him” and like this are many examples. And burning is like the verse (Exodus 3:3) “​​And Moses said: 'I will turn aside now, and see this great sight, why the bush is not burnt (yiv’ar)’” and He already said (Exodus 3:2) “And the angel of the LORD appeared unto him in a flame of fire out of the midst of a bush; and he looked, and, behold, the bush burned (bo’er) with fire, and the bush was not consumed” meaning lit. And if “bi’ur” only had one meaning, Scripture would contradict itself and the Wise one does not contradict himself. And what is correct with this is that His first verse (Exodus 3:2) “the bush burned (bo’er) with fire” means “was lit” and the following verse (Exodus 3:3) “why the bush is not burnt (yiv’ar)” means that it was not burnt, and this returns to his words (Exodus 3:3) “and the bush was not consumed.” And like this is the verse (Judges 15:5) “And when he had set the torches on fire, he let them go into the standing corn of the Philistines, and burnt up both the shocks and the standing corn, and also the oliveyards,” for this is lighting, and afterwards it is said (Judges 15:5) “... and burnt up both the shocks and the standing corn” and this is burning, and it is not the beginning of the action. And this is another of the clear proofs that one who starts a fire which continues to burn, the one who started the fire is the “burner” the entirety of the time it is lit and burning. Thus, Samson is identified as the burner and there is no doubt that this occurred after two or more days since the fire was lit with torches and the flames were released on the fields and olive yards.

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And sometimes they challenge other things, such as vinegar and wine and labane and what is similar to this, for they say that if connecting between the fire and the substance before the Sabbath is forbidden in order to stay lit during the Sabbath, thus similarly it is must be forbidden to connect other substances that are “passively made” in order to avoid from this “passive action” during the Sabbath, and thus preparing vinegar and labane and other drinks and what is similar to this, which are passively made by the sun and air, would be forbidden. We say “this obligates you as well with the millstone and the river as well similarly.” However, our answer to this is that we say “the tradition and texts already permit the making of vinegar and labane and everything else that you highlighted, and Scripture did not forbid what is passively made by the sun or air, and forbade leaving a lit flame with the proofs that we mentioned. And if Scripture had distinguished between what is passively made by the sun and air and lighting a flame, and forbade one of them and permitted the other, it would not be permitted to oppose this nor join them.” And this obligates one who forbids fire from the basis of “derivatives” as opposed to following the text, however we are not obligated by this since we already forbade this on the basis of the text, since we said that it says (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” and this prohibits that there should be for us a burning flame during the Sabbath, in addition to what else we said regarding one who is obligated who lights a fire and does not prevent it from burning, for he is the “lighter” and “burner” of what is lit and burnt when this happens.

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However, one of our companions distinguishes between preparing these things, such as vinegar and labane and pickled vegetables and similar things fermented in honey and vinegar and other substances, whose preparation is permitted even if it is passively made on the Sabbath, versus what we mentioned previously is forbidden on the Sabbath like leaving a flame and leaving the river to water on the Sabbath and leaving food to cook on the Sabbath. He says that what is forbidden of these is that it is possible to separate and interrupt before the Sabbath without causing its destruction. And this is since it is possible to separate between fire and a wick and wood without destroying them, and similarly separating between food and the hand mill without causing its destruction, and similarly stop the flow of water in our property without causing its destruction. However, the rest of what we said is permitted, for some of these cannot be separated at all, and this is like labane and vinegar and pickled vegetables, and some can only be separated by destroying them, such as things which are being fermented in vinegar or honey, for if you remove them from the vinegar and honey and similar substances, they dry and ruin since the separation between them and all these is not possible since part of it has entered them and drinks from them.

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And this is a concern also for one of the “renewers” who said if Scripture says (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day,” and according to your view the one who connects between fire and wood or a wick and leaves this burning during the Sabbath is the “burner” of fire on the Sabbath. Similarly, say that when it says (Leviticus 6:5) “And the fire upon the altar shall be kept burning thereby, it shall not go out; and the priest shall kindle wood on it every morning; and he shall lay the burnt-offering in order upon it, and shall make smoke thereon the fat of the peace-offerings” that if the Priest places the wood before the morning such as in the middle of the night or the beginning of the night and they are left burning until the afternoon, thus he has fulfilled the commandment since he is the “burner” during the time of the morning as one who lights a fire before the Sabbath and leaves the flame burning during the Sabbath is the “burner” of it during the Sabbath. And what we preceded from in our discussion defeats this notion, which is what we saw that “bi’ur” has two aspects, one of which is the beginning with lighting, and the second with burning. And since this is the case, and the verse of Scripture (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” is a general statement that is not combined with any specifications, both kinds of “burning” are prohibited together. However, we already showed that the intention is to the second kind and not the first, since the first which is the beginning is not necessary to mention. And when it says (Leviticus 6:5) “...and the priest shall kindle wood on it every morning,” he did not state this carelessly as a general statement, but rather connected it with its specifications, and taught us that he desires the first lighting which is the beginning and the connection between the fire and wood and this is in His word (Leviticus 6:5) “wood.” And additionally He said previously (Leviticus 6:5) “And the fire upon the altar shall be kept burning thereby…” which reports that the fire burns eternally and then it says (Leviticus 6:5) “...and the priest shall kindle wood on it every morning” and teaches that this is renewing the lighting by placing wood and connecting between it and the fire, and this is clear with praise to God exalted.

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And if one asks regarding his verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” and if this specifically applies to “our habitations” and not other places, thus it is permitted outside of “our habitations.” We say that we do not deny that if a Jewish person is rented as a laborer to one outside of the religion, and he is commanded to light a fire in an oven or underneath a pot or what is similar on Friday at the end of the afternoon, and subsequently the fire remains until the Sabbath, that this is not forbidden on the Jewish laborer and he is not obligated to extinguish the fire since this occurred outside of “our habitations.” And the purpose of His verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” is what we mentioned that it is forbidden for there to be for us a burning flame on the Sabbath, and this does not refer to the beginning of lighting since this is included within the prohibition of “actions.”

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And one of our companions seeks proof for the prohibition of “passive actions” on the Sabbath, such as fire and what is similar, based upon a feature of the language. And this is Scripture’s verse in the place (Exodus 31:15) “Six days shall work be done; but on the seventh day is a sabbath of solemn rest, holy to the LORD; whosoever doeth any work in the sabbath day, he shall surely be put to death” and also (Exodus 35:2) “Six days shall work be done, but on the seventh day there shall be to you a holy day, a sabbath of solemn rest to the LORD; whosoever doeth any work therein shall be put to death” and we discuss this at the end of the discourse. And he is stubborn and brazen, and this causes him to argue that the verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” means not to remove the fire. For this argument obligates that lighting a fire is an obligation during the Sabbath, since removing it is forbidden. And does one who says this remain in error and deny what God exalted commands and turns it upside down?

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Moreover, I return and say that the matter of the verse (Exodus 35:3) “Ye shall kindle no fire throughout your habitations upon the sabbath day” obligates them and not us, since if the verse (Exodus 35:3) “Ye shall kindle no fire...” intends the beginning act of starting a fire as opposed to our view, thus only this is forbidden in “our habitations” and it is permitted to start a fire in the homes of gentiles. We already discussed the five sources that the verse teaches us are forbidden on the Sabbath, and now we return to discuss the details of the “actions” and “skilled labors” in which there is disagreement.

English is a working draft — alignment is sentence-by-sentence.