Bostanai - The Dispute Among His Heirs

The Dispute Among His Heirs

The relation of Bostanai to the Persian princess (called "Dara" in "Ma'aseh Bet David," or "Azdad-war" (Nöldeke, "Isdundad"), according to a genizah fragment, had an unpleasant sequel. The exilarch lived with her without having married her, and according to the rabbinical law she should previously have received her "letter of freedom," for, being a prisoner of war, she had become an Arabian slave, and as such had been presented to Bostanai.

After the death of Bostanai his sons insisted that the princess, as well as her son, was still a slave, and, as such, was their property. The judges were divided in opinion, but finally decided that the legitimate sons of the exilarch should grant letters of manumission to the princess and her son in order to testify to their emancipation. This decision was based on the ground that Bostanai had probably lived in legitimate marriage with this woman, and, although there were no proofs, had presumably first emancipated and then married her.

Nevertheless, the descendants of the princess were not recognized as legitimate 300 years afterward (Hai Gaon, l.c.). The statement in the genizah specimen (see bibliography below) is doubtless dictated by enmity to the exilarch; Abraham ibn Daud's statement (l.c.) is contrariwise prejudiced in favor of the exilarch; but compare genizah fragment published by Schechter In Jew. Quart. Rev. xiv.242-246.