Daniel Al-Kumisi - Influence of Islam and Talmud

Influence of Islam and Talmud

In regard to the levirate marriage Daniel agrees with Anan that "ahim," in Deut. xxv. 5, does not mean "brothers," which would violate the prohibition contained in Lev. xviii. 16, but "relations." The story of Judah and his sons (Genesis xxxviii. 8) proves nothing, because at that time the prohibition against marrying a brother's wife did not exist. The prohibition contained in Lev. xviii. 18 can not be taken literally (as the Rabbinites take it), for the wife's sister is forbidden under any circumstance, just as is the husband's brother (there is here an example of the method of analogy, "heqqesh"); it is rather the stepsister of the wife that is meant in the passage in question; e.g., the daughter of the father-in-law's wife whom the last named had by her first husband. In this case the prohibition ends with the wife's death. The daughter is not excluded from the heritage, as the Rabbinites say, although her portion is less than that of the son, being only one-third; for in the law of valuation in connection with vows (Lev. xxvii.) women were valued less than men. In conformity with this law, the mother also receives one-third. Daniel was doubtless influenced here by the shariah (see Quran, sura iv. 12, 175). In other respects Daniel follows the Talmud in holding that the descendants of one entitled to a portion succeed to his entire rights; the children of the son—i.e., grandchildren—taking precedence over the daughter, their aunt. Finally, Daniel holds that responsibility for the observance of the commandments must begin not with the thirteenth, but with the twentieth year; that the New-Year begins on the tenth of Tishri, as follows from Ezek. xl. 1; and that Muslims also may act as witnesses of the new moon's appearance.

Daniel wrote several works in the Hebrew language, all of which, save for a few quotations and fragments, have been lost. There is undeniable evidence that he compiled a legal code (Sefer ha-Mitzvot or "Book of Commandments"), and a work on the rights of inheritance. The latter, against which Saadia directed his polemics, was perhaps merely a part of the code just mentioned. He also wrote commentaries to the Pentateuch, to Joshua, and to Judges, and probably to other Biblical books. They were not running commentaries, but explanations to certain passages, and contained also digressions. Words were often explained in Arabic. These commentaries, especially that to the Pentateuch, probably contained many of the decisions enumerated above.