2.1. The Decline of Toledo as a Center of Legal Studies in the 13th Century
During the High Middle Ages, there were two important centers of Jewish law in Christian Spain: one in Toledo, Castile, and the other in Aragon-Catalonia, specifically in Barcelona and Gerona. At the end of the twelfth and the beginning of the thirteenth century, the center in Toledo was by far the more prominent of the two, thanks to the important scholars Meir Abulafia (
Septimus 1982, pp. 21–25;
Ta-Shma 2004b, pp. 11–19) and Abraham ben Natan (
Septimus 1982, pp. 32–35); while in Aragon-Catalonia, no scholars of distinction in the realm of Jewish law were to be found. In fact, the budding scholars at that time in Catalonia, Nahmanides and Jonah Gerondi, traveled to Southern or Northern France for their advanced talmudic education (
Ta-Shma 2004b, pp. 19–21, 29–31). Somewhat later, circa 1220–1230, these two students established themselves as scholars of note and legal authorities, and opened study halls in Gerona (Nahmanides) and in Barcelona (Jonah).
These study halls in Catalonia, which became known over time as the “school of Nahmanides,” continued to flourish into the fourteenth century. Its primary scholar in the second half of the thirteenth century was Solomon ben Abraham ibn Adret (Rashba), who studied under both Nahmanides and Jonah (
Ta-Shma 2004b, pp. 55–66). This school became the most dominant in the Iberian Peninsula, since, from the passing of Meir Abulafia (in 1244) until the beginning of the fourteenth century, there were hardly any distinguished legal scholars in Toledo. In fact, all important scholars found in Toledo at that time were those who came from Catalonia to strengthen the legal culture there. For example, Jonah Gerondi, mentioned above, migrated to Toledo towards the end of his life, sometime after Meir’s death (
Galinsky 2005, p. 401), and died in 1266. Somewhat later (1286), Aharon ha-Levi, an important student of Nahmanides (
Ta-Shma 2004b, pp. 66–69), visited Toledo and taught there for a short time before returning to Barcelona (
Galinsky 2005, p. 402). Other lesser-known scholars who are mentioned as teachers and legal authorities during the latter part of the thirteenth century, such as Solomon Amiel and David ha-Kohen, were almost exclusively students of the great Catalan scholar Solomon ibn Adret of Barcelona (
Galinsky 2005, pp. 401–2, 418–19).
The above description is based on the writings of Isaac Israeli, who surveyed Toledo’s legal culture in the year 1310 (
Galinsky 2005, pp. 418–19). He first describes Meir Abulafia’s literary contribution, writing that “he authored a commentary on many tractates of the Talmud, delving into their interpretations and intricate discussions with great accuracy. He also authored many works on the Pentateuch. He died during Passover in the year 5004 (1244)”. In the next passage, he turns his attention to the scholars that he himself knew firsthand or had heard about from older contemporaries, and describes three distinct stages:
During our lifetime, other great rabbinic figures came to Toledo, among them R. Jonah of Gerondi and R. Meir ha-Kohen of Narbonne. They, too, taught Torah and had many students. Both died in the month of Heshvan 5024 (1264).
After their demise, the great R. Aharon ha-Levi came to Toledo from Barcelona in the year 5046 (1286) but remained only a short time and returned home.
At that time, the sage R. Solomon ben Aderet (Rashba) lived in Barcelona. His disciple, R. Solomon b. R. Josef ben Amiel, taught Torah in Toledo and had many students and so too did R. David ha-Kohen.
In the first two stages, which occurred in the second half of the thirteenth century, he mentions Jonah Gerondi and Meir ha-Kohen of Narbonne and then, somewhat later, Aharon ha-Levi. All of these were important and known scholars, but ones who apparently did not stay in Toledo for an extended period of time. He then mentions two less-distinguished scholars, Solomon Amiel and David ha-Kohen, who were active in the late thirteenth- and early fourteenth centuries, and with whom he was most familiar. Of all these scholars, only Meir may not have been from the schools of Catalonia.
So far, the picture seems clear. While at the beginning of the thirteenth century Toledo was the more prestigious and more prominent center of Jewish legal culture, for most of the thirteenth century, especially the second half, it took a backseat to the thriving learned legal culture that had developed in Catalonia. This downturn in the fortunes of Toledo could not have been easy for the proud Jewish community which was located in the political, cultural and economic center of Castile (
Pilar León Tello 1979;
Melechen 1999).
Before describing the changes that occurred during the fourteenth century, it is worthwhile considering the possible reasons for Toledo’s decline as a center of Jewish learning and scholarship during the thirteenth century. One such reason, I believe, relates to the different Talmudic curricula of these two centers of learning at the time.
A mid-fourteenth-century source, Menahem ben Zerah, teaches us about the curriculum in Toledo from the late twelfth- through the thirteenth centuries. The central text for legal studies was a secondary work, a sort of abridged Talmud, authored by Isaac Alfasi (
ben Zerah 1880, p. 6). Although the teacher who taught Alfasi’s work was probably fluent in the Talmudic material, since the students learned from the secondary work, they emerged from their studies lacking close familiarity with the Talmud itself. According to Menahem, even during the time of Meir Abulafia, the great Talmudic scholar from Toledo who wrote his own works on the Talmud, the Talmud was not actually studied in the study-hall in Castile. Menahem described the state of legal studies during Meir’s time, writing: “And during his day, and before that, they studied nothing in this land but the
Halakhot of R. Alfasi” (
ben Zerah 1880, p. 6). This practice was common among students of Jewish law in many Arab lands, and apparently began in late eleventh-century Andalusia, in the study hall of Alfasi himself (
Ta-Shma 2004a, pp. 239–60). From the end of the eleventh century Toledo was part of Christian Spain, however, its Jewish community, during the twelfth- and thirteenth centuries, was still very much part of the Judeo-Arabic culture. In fact, its Talmudic study hall was founded by émigrés from Andalusia in the second half of the twelfth century (
Septimus 1982, pp. 2, 10). It is therefore plausible that its Talmudic culture was similar, in this regard, to that in other Islamic lands.
The lack of exposure to the primary sources of the law presumably seriously handicapped the students’ development. These schools could produce competent scholars who were knowledgeable, but not experts, in the law. The school graduates could capably serve as judges in monetary cases and as rabbinic leaders of their communities, but even the talented ones could not easily have become legal authorities, able to write learned legal responsa (or to use the Islamic equivalent, “
fatwa”), or to be qualified to teach the next generation of students (
Ta-Shma 2004a, pp. 239–60). For such specialized tasks, one needed a more direct and intimate understanding of Talmudic law.
In contrast to these study-halls, the situation in thirteenth-century Catalonia was different. To the best of our knowledge, both Nahmanides and Jonah taught the Talmud itself in their schools. This emerges clearly from the evidence of the Talmudic literature produced by this school, from the thirteenth century until the second decade of the fourteenth century. The scholars associated with this school wrote their works exclusively as novella (
hiddushim) to the Talmud (
Ta-Shma 2004b, pp. 19–74). They did not ignore Alfasi’s abridgment, as his standing as a legal authority in Spain reigned supreme, but it was the Talmud, and not his work, that served as the primary text of the curriculum. In this, they followed the lead of their Northern French teachers, as well as some of those from Southern France, where the Talmud was also being studied. It is noteworthy that the same source that informs us about the curriculum in the school of Toledo also emphasizes that when Jonah moved to Toledo, he taught Alfasi’s abridged version and not the Talmud (
ben Zerah 1880, p. 6). It is from this period in his life that collections of his teachings were penned by his students to various tractates of Alfasi’s work (
Ta-Shma 2004b, pp. 27–29;
2004a, pp. 125–30).
2.2. The Rise of Toledo as a Center of Legal Studies in the 14th Century
During the first half of the fourteenth century, we find evidence of positive change in the fortunes of the Jewish community of Toledo as it gained the prestige in the area of Talmudic law that it previously lacked. This was no longer a second-rate center of learning, a mere satellite within the orbit of Catalan legal teachings. It had become the primary center, attracting students from afar. This center boasted legal authorities that influenced the practice of the law both near and far, whether through the writing of legal responsa or through the composition of widely disseminated legal codes. In fact, between 1310 and 1350 it seems that Toledo and its environs had actually replaced Catalonia as the primary center of learning. But how did this occur? What brought about this shift in the Toledo’s fortune? There seems to be three reasons for the change. First, an émigré scholar of stature, who was a recognized legal authority in Germany, settled in Toledo; second, the educational reform that he implemented in the Talmudic study hall there; and third, the works of law that he, and later his students, produced.
Asher ben Jehiel hailed from the Rhineland in Germany, and was the premier student of the famous Meir of Rothenburg (
Freimann 1986, pp. 22–26). When his teacher was imprisoned during the reign of Emperor Rudolph I in 1286, Asher became the most prominent rabbinic figure in Germany. He left Germany at the beginning of the fourteenth century, sojourned for a time in Savoy, and then stayed for a somewhat longer time in Southern France. Asher’s motivation for leaving Germany, according to his son Judah, was directly linked to his teacher’s imprisonment. In Judah’s words:
The cause of my father departure from Germany was due to the Emperor’s (adon ha-moshel) imprisonment of R. Meir of Rothenburg of blessed memory… The Ruler (ha-moshel) refused to accept as guarantor any other person than my lord, my father, of blessed memory… But before the collection of funds from the various communities were completed, R. Meir died in prison. The Ruler unjustly argued (literally, “slandered”) my father, that since R. Meir died in prison before his release, he therefore was responsible as guarantor [for ensuring the payment]… My father left the city (meaning, the immediate area of the Ruler’s jurisdiction) and then left Germany altogether due to of his fear of the authorities, and settled in the great city of Toledo
Asher arrived in Toledo with his family in 1305 after the elders of the community invited him to serve as their legal authority to resolve difficult legal cases and teacher of the law for the advanced students studying Jewish law (
Abrahams 1926, vol. 2, p. 167). There he became the central legal scholar who had a direct personal impact upon the students in Toledo, but also had a broader influence due to his reputation and to the numerous responsa he authored. Quite quickly, his influence spread to distant communities throughout Spain, Portugal, and beyond (
Freimann 1986, pp. 36–370). He was even asked by the Queen of Castile to decide a complex case within the Jewish community (
Baer 1961, vol. 1, p. 317). Over time, due to his activity, Toledo’s standing as a center of Jewish law was completely transformed.
A text written five years after Asher’s arrival to Toledo, reveals some of the excitement that his arrival generated amongst the learned intelligentsia of the Jewish community. Isaac Israeli, cited earlier as describing the state of legal studies in Toledo during the second half the thirteenth century, then turned his attention to the change that occurred in the early fourteenth century. He writes:
And it was in the year five thousand and sixty five from creation (1305) and God aroused the spirit of R. Asher the son of the honorable Rabbi Jehiel to leave Ashkenaz, the land of his birth, and come here, he, his sons and his family, to Toledo. [And this] in order to enlighten our eyes and take us out of the darkness of stupidity and naïveté [and bring us] into the light of wisdom and understanding. God should help him so that we shall learn from him and become wise in the principles of Torah, its secrets and its interpretations, and all of its generalities and specifics.
When Isaac describes the Ashkenazi émigré’s ability “to enlighten,” and his references to the “secrets of the Torah,” he was not referring to the areas of philosophy or kabbalah (for in these Asher was not an expert) but rather to his expertise in deciding and teaching the law. Which brings us to the educational revolution that Asher implemented in the school of Toledo.
As described earlier, throughout the thirteenth century the curriculum in the study hall of Toledo was limited to the teaching of a secondary abridged legal text, without immersion in the Talmudic source of the law itself. As an émigré from Germany and a student of the teachings of the French school of Tosafot (
Galinsky 2005, pp. 389–91, 396–400;
Emanuel 2021, pp. 174–75), this must have shocked Asher, who came from a religious culture that focused almost exclusively upon Talmud study. At this time the works of Maimonides and of Alfasi were known in Ashkenaz, nevertheless they were not the focus of serious scholarly study. Although it should be noted that Asher’s teacher Meir of Rothenburg was more receptive than other Franco-German scholars in his use of these Spanish works (
Soloveitchik 2013, pp. 37–38).
Asher devoted much energy to rectifying the situation that he found in Toledo. In addition to offering the students an opportunity to study Talmud, he also edited his own version of the standard Tosafot (a dialectical gloss) that was studied by all advanced students in France and Germany (
Soloveitchik 2013, pp. 3–10;
Kanarfogel 2013, pp. 1–110). He may have not removed Alfasi’s
halakhot from the curriculum, but added and emphasized the importance of learning both the Talmud itself and its dialectical learned gloss (
Galinsky 2005, pp. 396–400).
Menachem ben Zerah, the mid-fourteenth-century source cited earlier, highlights this aspect of Asher’s activity. He writes: “It was through his [R. Asher’s] efforts that study of the Talmud was strengthened (
ben Zerah 1880, p. 6)”. And, more explicitly:
And in particular in all the land of Sefarad [i.e., Andalusia and Castile], those who studied Talmud were few in number, from times past (mikedem) until God awakened the spirit of R. Asher, who came from Ashkenaz. And [here] he studied and taught and raised many students, he and his sons after him.
We also can learn from a personal letter, written by his son Jacob, that Asher successfully circulated his learned gloss. Jacob wrote to a close acquaintance in Germany, who was contemplating emigrating to Toledo, that he should bring with him all types of learned works, but that he should not bother to bring copies of the Tosafot studied in Germany, since only his father’s edition of these texts was studied in Toledo. In his own words: “But
Tosafot you do not have to bring, because we only study the commentary (
shita) [of] my father (
Assaf and Glick 2001, vol. 2, p. 137)”. Another son, Judah, emphasized his father’s teaching of the Talmud and the spread of his learned commentaries throughout Castile in his ethical will, as we shall see below.
In addition to preparing his own edition of the Tosafot gloss on the Talmud, Asher penned another project related to the curriculum in the schools of Castile that had a strong impact beyond the schools, and even outside of Spain. The second project was his
psakim, his legal decisions or rulings. This work was patterned after Isaac Alfasi’s classic abridged Talmud which was studied in the study halls. However, Asher’s was far more expansive. He began each topic by citing Alfasi, but then almost always raised objections and other opinions based upon his or other scholars’ understanding, mainly, but not exclusively, from the French school (
Elon 1994, vol. 3, pp. 1251–53;
Washofsky 1987). Oddly enough, despite being from Germany, he utilizes the teachings of German legal scholars far less than the French ones. It seems that he intended to either supplement Alfasi or to replace his work (
Galinsky 2005, pp. 404–9). It should be noted that his level of engagement with Alfasi’s text is significantly greater than the Ashkenazi glosses penned by his German contemporaries to Alfasi’s and Maimonides’ works. It was Asher’s work, even more than his Tosafot, that turned Toledo into an important center of Jewish law. With all its intellectual firepower, Catalonia did not produce a work equal in its scope and ambition during a period that spanned over a hundred years.
Finally, a word about Asher’s responsa. Over a thousand of them have been preserved, mostly from his Spanish period, some from his German period (
Ta-Shma 2000, pp. 179–82). This reflects both his influence in Spain and that he had fulfilled the other role he was hired for—being the supreme legal authority for the city of Toledo and the broader area of Castile. Asher himself did not circulate his responsa in book form during his lifetime, but his students did so after his death, although a small collection may have already circulated during his lifetime (
Galinsky 2011, pp. 195–207). The large posthumous collection of responsa added another work to his name and contributed further to his influence.
Asher’s son Judah nicely captures his father’s overall influence throughout Castile, Spain. After his father’s death, he wrote:
And it was from Lord [that my father left Germany], in order that he should instruct many students in the lands of Spain. “He executed the righteousness of the Lord, and His ordinances with Israel,” for in these lands there were no accurate commentaries [on the Talmud]. He also wrote commentaries and legal rulings on the Talmud and wherever his commentaries, responsa, and rulings reached—the statutes of the Lord and His laws became known.
Overall, it seems that Toledo’s communal leaders’ decision to appoint a German émigré as their “great Rabbi” was a success. Asher became the supreme legal authority who decided difficult legal questions and the scholar who headed the city’s study hall. He does not seem to have functioned as a sitting judge, nor was he active as a communal rabbi (
Galinsky 2011, pp. 177–80;
Galinsky 2005, pp. 409–11). In a short time, Asher established himself as a leading legal authority and charismatic teacher. During his fifteen years (or so) in Toledo, he had completely transformed the legal culture of the city. Asher was able to restore the lost pride of a city that had become irrelevant in the important areas of Jewish law and its study. After his death (
Emanuel 2021, pp. 172–201), the communal elders appointed his son, Judah, to replace him, a strong indication that they appreciated Asher’s accomplishments.
In addition to all of the great scholar’s activities, there were at least two other important factors that led to Asher’s enduring influence in Castile. Since they were also spearheaded by émigrés, they are also worth considering. One was the appointment of Asher’s son as his replacement, and the other was the composition of works of law by Asher’s students that made his work accessible to a wider readership.