Nov 9, 2011 By: admin

Cohen, a well known historian of the Jews in Arab lands in the Middle Ages, is the author of over 100 articles and reviews and several books, including Jewish Self-Government in Medieval Egypt (the 1981 National Jewish Book Award winner for Jewish history) and Under Crescent and Cross: The Jews in the Middle Ages, which has been translated into Hebrew, Turkish, German, Arabic, French, and Romanian. He has received numerous academic fellowships, lectured widely in the U.S., Europe, Russia, Japan, Qatar, Egypt and Israel, and in 2010 became the first winner of the Goldziher Prize for scholarship promoting better understanding between Jews and Muslims, awarded by Merrimack College鈥檚 Center for the Study of Jewish-Christian- Muslim Relations.
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(View photo essay of Prof. Mark Cohen's visit to Revel Grad School. Choose fullscreen and use arrows to navigate)
Cohen鈥檚 evening lecture, titled 鈥淟aw and Society in Maimonides鈥 Mishneh Torah,鈥 illuminated how certain commercial laws that were codified by Maimonides--and which perplexed later Talmudists--can be explained by looking at Cairo Geniza documents. The Geniza, with its thousands of intact Jewish writings from the tenth century and beyond, provides a window into the prevailing Jewish commercial practices of Maimonides鈥 time. Cohen has found that Jewish business practice was heavily influenced by conventions in Islamic commerce.
The specific example Cohen chose to illustrate this point was Maimonides鈥 definition of 鈥渂en bayit鈥 (literally, a member of one鈥檚 household), in his monumental code of Jewish law, Mishneh Torah. The great twelfth-century codifier defined the term as an individual not part of the actual household, who conducted business on behalf of ba鈥檃l habayit (literally, head of household) 鈥渂e- emunah鈥 (with faith or trust).
This system--as Cohen will prove in a forthcoming paper--reflected Islamic commercial practice, in which businessmen worked cooperatively, in a sort of informal reciprocal gift-giving relationship. This system of mutual favors (as opposed to formal commercial contracts) essentially allowed investors to circumvent any possible violations of the prohibition of charging interest--lest the profits they received as a result of their monetary investments (and other people鈥檚 work) constitute interest. Maimonides, argued Cohen, instituted an oath for the ben bayit to add a more formalized element to this informal business relationship, which differed from the Talmudic method of avoiding interest-taking, known as iska. Studies such as this are part of the broader field of economic history. 鈥淭here is a raging debate about the nature of cooperation, formal and informal,
and it鈥檚 all based on Geniza documents,鈥 said Cohen, who has been the director of the Princeton Geniza Project, an on-line database of transcriptions of documents from the Cairo Geniza, since 1986.

Although Maimonides was not the first to refer in halakhic writings to business practices based on the surrounding Arabic culture, it was he, says Cohen, 鈥渨ho gave the practice halakhic legitimacy in his code.鈥滿aimonides鈥 innovation was in his synthesis of halakha and the reality of his time. 鈥淩ambam intertwines Islamic economy...with Talmudic agency,鈥 said Cohen. 鈥...[This] new territory, though unfamiliar to [later] Talmudists was very familiar to Maimonides.鈥
Furthermore, argued Cohen,
Maimonides had a particular goal in reflecting the commercial reality in his Mishneh Torah. 鈥淏y updating halakha,鈥 said Cohen, 鈥淩ambam hoped to bring the merchants into halls of Jewish justice,鈥 rather than have them resort to Islamic courts.
The lecture was especially exciting for students enrolled in Dr. Debra Kaplan鈥檚 fall 2011 Revel course on 鈥淐harity in Medieval and Modern Times,鈥 as the entire class recently read Cohen鈥檚 two most recent books, Poverty and Charity in the Jewish Community of Medieval Egypt and The Voice of the Poor in the Middle Ages: An Anthology of Documents from the Cairo Geniza (Princeton University Press, 2005), for their first paper assignment.
Article by Yaelle Frohlich; Photography by Judah Harris
