THE KARAITES:

OF ISLAMIC LAW ON JEWISHLAW INFLUENCE

IMRAN AHSAN NIAZI

primarily by itsdenial to be shrouded inmystery. tradition, continues toMartin Cohen, the reasons for this are the paucity of evidence According required to reconstruct their history, the ingrained prejudice (against the harboured by various Jewish scholars reared in the Rabbanite movement)

The origin of theKaraites, of the talmudic-rabbinical

a Jewish sect characterized

in its tradition, and the failure of most Jewish historians to treat Karaism total historical context.1 The tremendous effortsmade by scholars like Leon Nemoy,2 on the other hand, do reflect sincere efforts to arrive at the truth and to uncover A the history of this sect.

study of the work of "the greatest Karaite mind of the tenth cen al-Qirkisam (or al-Karkasani) (ca ce 937), indi tury",3Abu Yusuf Ya'qub cates that though there are some unexplained in the history of the gaps origins of the sect, it is, in fact, the principles of this sect, their legal theory, that have been neglected most. Al-Qirkisanl's work4 also suggests that the real difference between theKaraites and theRabbanites lies in their different for the identification and interpretation of sacred texts. While approaches the Rabbanite tradition may be said to use two methods for developing the the midrashic method and independent reasoning?through tak hallakha, kanot (legislation), and minhdg (custom)?the Karaites try to stay-close to the midrashic method as far as possible. It also appears that the Karaites do not reject the oral law completely, but have their own system for authen ticating it.

The major point to note about the methodologyof theKaraites as well as thatofRabbanites is thattheKaraites wished to stayclose to the midrashicmethod. This method requires that the law be derived directly method followed in usul al-fiqhbyMuslim jurists.Itwas emphasised by
al-Shafi'i, who insisted that the derived law must stay close to the evidence from the texts through more or less literal methods. This is similar to the

138
as personal

Islamic

Studios,

32:2 (1993)

characterized

(dalit). The independentreasoningundertakenby Rabbanites would be

opinion or ra'y by Muslim scholars. The exercise

general principles derived from the texts. Under takkanot, the Rabbanites have much more discretion and freedom. Western writers in their attempt to show similarities between Islamic

of personal opinion by theRabbanites should not be confused with ra'y to attributed theHanafis. The Hanafi method is based on reasoningfrom

to and with legislation meaning ofprincipleslike istihsdn istisldh equate them

undertaken by theRabbanites through takkanot and minhag. This is incorrect and would amount to a distortion of truth. In any case, the Shafi'I influence on themethodology kisani's book. of the Karaites is obvious, and can be noticed in al-Qir

law and Jewish law have stretched the

the Mardqib (The Book of Lights andWatchtowers) concerning originsof theKaraite movementwill first highlighted. be This will be followedby a descriptionof the Karaite principles, as explained by al-Qirkisani and with books on usul al-fiqh written Muslim jurists will also be undertaken by
to show the influence of Islamic law on Karaite thought. acknowledged by the later Karaites. The primary source relied upon for this purpose will obviously be al-Qirkisani's book. A comparison of this book

In this article, the major

ideas in al-Qirkisani's

Kitab

al-Anwdr wa'l

Cohen lists five sources that contain accounts about 'Anan first are the extant fragments of 'Anan's own book Sefer while the other four are accounts that provide evidence about ha-Miswot, 'Anan's role in the formation of the movement. The latter four accounts have been translated by Leon Nemoy.6 Three are Rabbanite while the fourth, and his role.5 The by Al-Qirkisani, is the Karaite account.

' Anan Ben David.

The founder theKaraite movement is generally of considered to be

and aspiringto theexhilarcate but suspectbecause of his freethinking. His overhimand he proceeds toestablish brother Hananiah ispreferred younger
a secret sect along with "all manner of evil and worthless men from among the remnants of Zadok and Boethus".9 The sect is discovered and 'Anan is is to be hanged. However, he receives advice put in jail for treason and

The Rabbanite son of the Exhilarch7

accounts depict 'Anan as a scholar, apparently the or at least his lore nephew,8 trained in the Rabbanite

the space of one week appears to be a telescoping common to legends".11 He also says that when all four accounts are considered "the text emerges as the calmest and most matter-of-fact. By contrast, Karaite within all theRabbanite accounts are intensely polemical", calling 'Anan's followers and cursing "heretics, mockers, and despisers of the words of our Rabbis",

a from Muslim jurist,10 who is also in jail, andmanages to gain favour with the Gentile government. Cohen says,"[t]he assertionthatall thistookplace

Islamic

Studios,

32:2 (1993) "may his name rot".12

139

'Anan with the words

of intro Al-Qirkisanlbegins the secondchapter13 his book bybriefly of of the sectsor personswho have been guilty sowing ducing thehistory and dissension in theJewishreligion within thisis theaccountof 'Anan.A
Leon

Karaites.

on substanceof thischapteras it throwslight thepresumedoriginsof the The first person mentioned is Jeroboam.This is followedby the
the Chiefs of the Community, who were the original

translation of the entire chapter, except the last few lines, is provided by Nemoy.14 It is necessary for our purposes to briefly reproduce the

Rabbanites. After theRabbanites there appeared the Sadducees, a sect was thefirstto expose the founded Zadok andBoethus. Zadok, he says, by
errors of the Rabbanites. discovered On came the Magarians whose books were there appeared one called Jesus, son of Mary. the shores of Egypt a sect appeared known as al-Qar'iyah because they Then in a cave. Next

names of the Samaritans,

known as qar\ Itwas afterthisthat the used instruments Rabbanites split into two groups, called the School ofHillel and the School of Shammay. The Rabbanites of Iraq followedthepracticeof theSchool ofHillel, while Next there appeared those of Syria followed the School of Shammay.15 who consideredhimselfto known as Abu 'Isa al-Isfahani, Obadiah, better who also claimed be a prophet,followed hispupilYudghan, theShepherd, by about theobligations(fara'id) andwas learned in theopinions whole truth
of the Rabbanites. There was . . .The Rabbanites erudition. them to do so."16 none among them who could discredit his tried to kill him, but God did not enable to be a prophet. "After Yudghan 'Anan, the Ra's al-Jalut, and appeared this in the days of Abu Ja'far al-Mansur. He was the first to elaborate the

al-'Ukbari, Ben Yamin (Benjamin) al-Nahawandi, Musa al-Za'farani also known as Abu 'Imran al-TiflisI, Malik al-Ramll, Mishawayh al-'Ukbariy, observes

These descriptionsare followedby very brief accounts of Isma'fl

He and finally Daniyal (Daniel) al-Damighani,betterknownas al-QumisI.

two facts about4Anan

are and second, thatthey not follow do followers veryfewor almostextinct, or thedictates systematic of from'aqlor intellect) analogy reasoning(ma'qul,
of law. He acknowledges that al-QurmsI does accept opinions on reasoning and rational argumentation, yet he denies systematic reasoning and criticises those who practise it.17 It is important to note here
later.

and all those following him. First, that their

in matters

based

thatanalogy (qiyas) is a sourceof law forthe Karaites, as will be explained

The most to be made about the four accounts of

important point

140
'Anan and his role in the Karaite movement

Islamic

Studies,

32:2 (1993)

is that there is no direct evidence with theKaraites. The accounts provide evidence about 'Anan linking'Anan and not the Karaites. It is true that 'Anan had followers, but al-Qirkisani out that very few of these followers are left in his times. Cohen points observes that "many deny 'Anan the actual paternity of the movement", " and that 'Anan and his followers may be called 'Ananites or proto-Karaites

Karaites,18 while al-Qirkisanfs work, he says, does not clearly distinguish between the 'Ananites and the Karaites.19 This appears to be the earlier view of Leon Nemoy20 also, but later he maintains that:

to distinguish themfromthe laterphases of themovement". Cohen also indicates that Ben Meir distinguishesbetween the 'Ananites and the

The name "Karaites" was not applied to the sect until the ninth
century; the principal component of the sect was originally known as "Ananites" from the name of its founder. . . .The Karaite sect ab sorbed both such Jewish sects as the Isawites (adherents of Abu 'Isa and Boeth

tendencies, and small remnants of pre-talmudic Sadducees usians and similar anti-traditional movements. The Karaites themselves, however,

al-Isfahani)and Yudghanites,who were influencedbyEast-Islamic

among theJewish people, at the timeof Jeroboam;the truelawhad

whole

trace their origin to the first split whose leader, Zadok,

had discovered a portion of the truth, while the discoveryof the

truthwas the achievement kisani and others).21 of the exhilarch 'Anan (thus al-Qir

subsequently been preserved by the Sadducees,

the contrary, he makes it clear in the beginning that these were responsible for sowing seeds of discord among the Jewish people. Nor does he maintain that the truth is present with the Karaites as it had the people been understood

This statement of Leon Nemoy appears to contradict al-Qirkisanfs own view. He does not appear to link the Karaites with the sects or persons listed. On

second chapter with four lines, one of which has been translated by Nemoy the remaining three have been left out of his translation in Karaite Anthology. In this short statement he compares the position of the Karaites with the all the dissident sects mentioned above. He says: while These are the famous and well-known for the Qarra'in

inmany ways in his criticism theRabbanites. In fact,he concludes his of

by 'Anan. He

ismerely

implying that'Anan

was

correct

we will mention

other inone thing while anotheropposes anotherin and many things

some of this in what follows. We now begin with

not see two of them agreeing upon all things, but one opposes

are outside (khdrijiri) we these sects that have mentioned,you will

the

tion reaching us. As

sects, according to the informa (Karaites) of this period, who

Islamic

Studies,

32:2 (1993) what is unique to each sect.22

141

mentioning This

statement not only dissociates the Karaites fronvthe 'Ananites, but also contradicts the thesis that the Karaite sect absorbed the other sects mention can be considered proto-Karaites. Al-Qirkisani does the decreasing numbers of the other sects, but that does not prove anything. If some of the followers of 'Anan, or those of al-Qumisry or of someone else for that matter, bolted from their own sect and joined the or the founders of those it does not make them proto-Karaites, Karaites, or that the Ananites other sects the founders of the Karaite movement.23 There

are other reasons on the basis of which

a distinction can be

made between the Karaites and the other sects. 'Anan is accused of denying are criticised for the oral law completely, at the same time the Karaites the oral law on occasions. This raises the question: do theKaraites accepting really deny the oral law completely, like the 'Ananites, or were they two separate sects, one denying the oral law and the other accepting parts of it? the oral law if it conformed to certain standards set by them.24

were ready to A studyof the principlesof theKaraites shows that they

accept

be true to some extent, b.ut al-Qirkisanfs historical data, mentioned

are This may of foundations Karaite jurisprudence rooted in Muslimfiqh.25 In least in the case of all theprinciplesof interpretation. the absence of
it is the principles of the Karaites that should be examined, them.We must, therefore, work reveals that this is not so at

ignored as principles emerging from, or developed under the influence of, to say that the philosophical Islamic law. Leon Nemoy relies on Harkavy

The principlesof theKaraites are never discussed indetail and are

above, to note the distinctions between turn to a brief examination of these principles. We

of independent theprinciplesand beliefsof any of theother Jewishsects

Leon Nemoy. He states that:"[T]he monopoly of theBible was gradually

law: the scriptural text (Hebrew kdtiib, Arabic nass), analogy based on it, and the consensus of successive generations of scholars (Hebrew kibbus, 'eddh later sebel ha ijmd'), the latter term covering yeriishdhy "burden of inheritance"; Arabic laws which have no direct root in the Bible, but which are not contrary to extended into the three official basic itor to reason and logic, and have been accepted by scholars after exhaustive sources of Karaite

may begin with a statement on the Karaite

sources of law by

study(nazar, bahth)"26 that is thewritten law; qiyds, that is analogy (syllogismto be exact); and
Al-Qirkisani confirms that the sources of Karaite law are three: nass,

142
ijma', by which he does not mean

Islamic agreement

Studies,

32:2 (1993)

found and agreedupon naql (transmission, tradition) Nemoy, but authentic a particular nation and not in thehands of theentireJewish group (like the of Rabbanites, forexample). The form theprincipleof ijma' describedby
Nemoy

of the scholars as stated by

This conceptof ijma' is explicitly Al-Qirkisani de rejectedby al-Qirkisani. votes the entire fourth and final sectionsof his book to thediscussionof of and toanalogyalongwith thetheory abrogation, theexegeticalprinciples
the conflict of sources and their reconciliation, and to the art of systematic reasoning. The theory of ijma* is discussed in the second section.

appears

to be a norm with a small group and not all the Karaites.

The exegeticalprinciples sectionappear tobe discussed in thefourth a combinationof the thirteen exegeticalprinciplesof Rabbi Ishmael and the principlesof Islamic jurisprudence(usul al-fiqh).He devotes a small and of interpretation on qiyas (analogy)appear tobe exactly principles literal to those found inbooks of Islamic jurisprudence, similar thoughtheyare
applied would form the basis of a very It is the theory of ijma', discussed in the study. interesting comparative second section, that is of much greater importance and, perhaps, forms the to Jewish texts and laws. These chapter to each of the thirteen principles. The discussions on the remaining

of Karaites. It isunique to the basis of the legal system the Karaites and it to would be incorrect assume that it is similar to the Islamic concept of Muslim juristsis the"ag generallyacceptedmeaning of ijma' accordingto
it is closer to the concept advocated by the Muslim jurist ijma'. Perhaps, which never struck roots in the classical Islamic legal theory. The al-Shafi'i,

or less similar to a general principle laid down by higher courts inmodern times, a principle thatwould be binding on lower courts. Al-Shafi'i advocated

reement of qualified jurists of theMuslim community, in a particular gener ation, on a matter of law". Such consensus becomes binding upon the later it is an agreement on a general principle. It is more generations, because

the consensus of the entire community and not of the jurists alone. It would be useful to explore the concept of ijma' as expounded by al-Qirkisani. The statement of Leon Nemoy can then be compared with it.

Al-Qirkisani begins his discussionon ijma' by sayingthat:

1. A group of the 'Ananites and one of the Karaites the means

use of ijma indifferent lawsand theythinkthatthisisone of ordained (prescriptions). That is, the modes through which it
(knowledge) is obtained are three: nass, qiyas, and ijma', which some call naql (transmission). If they are asked about this transmission and consensus, what are its boundaries and form, through which one arrives at the knowledge of the

affirms the

we for see the Rabbanites arguing(their opinion) on thebasis

Islamic Studies,

32:2 (1993) 143

and transmission and you oppose them inmany

of consensus

of their properconsensus Theywould, then,say that opinions? is that when all the sectsof theJews?Rabbanites,Ananites, thatproper ijmd' is that when these sects Thus, theythought
they do not agree in this Benjaminites, and others?agree, and are counted sect by sect.

are entirely in agreement and when way it is not proper ijmo". 2. Their

Yamin? If ijmd'has to be a transmitted proof ithas to exist

before the creation of these sects. . . . group from among our companions and proper consensus is that which

would say to opponents from among the Rabbanites it so before the appearance of 'Anan and Bin them: Was

3.

said that transmission is not attributed to a

way of ijmd' alone and not otherwise.

which thereisno evidence in the group and thatfor specified textor analogy,but is in thehands of thenation dictatedby or forit is establishedin the text inanalogy it isnot ijmd\ As thatthereshouldbe no evidence forit in the fortheir opinion
text or in analogy, it is a mistaken opinion. . . . If, however, an evidence

4.

and proper With respect to theiropinion that transmission consensus is that to which is not attributed a specified group, but is found in thehands of theentirenation, then,that is a Sabbath fromamong all days, as it is not attributedto a
. . .

correct opinion. That

is like their consensus

about the day of

specified group, but has been acquired through transmission and "inheritance" and is in the hands of the entire nation from
to west.

east

5.

that exist in the hands of the nation from east towest, without dispute and without increase or diminution, they are but a . . .27 single manuscript. After mentioning some of the basic issues he continues to give exam ples of laws that can be found in authentic traditions and constitute a consen

and Similarto theSabbath is the transmission proper ijmd'on of Torah and all thebooks of theProphets theauthenticity the

sus. In the end he distinguishes which is transmitted way between that by which isnot foundin the of consensusand is foundin the"Book" and that If Book, but which is not subject to doubt or imperfection. it cannot be in thehands of thenationwithout found in theBook but constitutes ijmd'

144

Islamic

Studies,

32:2 (1993)

controversy, it has to be acted upon, unless it is by way of a concession for that isnot acceptable.28 He gives some examples of the distinctions drawn. In this statement al-Qirkisani discusses three concepts of ijmd\ The first is the 'Ananite concept, which he rejects. The second is upheld by a small group of the Karaites, and attributed by Nemoy to all Karaites, which he also rejects. The third concept he maintains as correct and as the principle

accepted by the Karaites. Through this principle the Karaites not only ratify and justify interpretations of the Bible, but are ready to accept that part of the oral law which is not disputed and which does not lead to concessions against the strict letter of the law. It is, perhaps, for this reason that many rulings of the oral law have been accepted by the Karaites.

existing law and then subjected to the standards of ijmd', but for doing this must have been undertaken that is, it the use of analogy has to be widespread, the entire Jewish nation. It is, perhaps for this reason that al-Qirkisani by have been using maintains in his discussion of analogy that the Rabbanites so under a different name.29 qiyds even though they did The complete system of interpretation of the Karaites is, therefore, a system of literal interpretation. Analogy used by them ismerely narrow a system ultimately syllogism, which does not provide much flexibility. Such has to fall back on the general purposes of the law for new interpretations.30 Itmust have been for this reason that a fourth principle was added by the later Karaites, to the three discussed Bashyazi, improving upon c pies as norms for the determination the biblical In the fifteenth century Elijah laid down four prin the work of Judah Hadassi, above.

then, as conceived by al-Qirkisani, appears to be Ijmd' (consensus), a means for authenticating the interpretation of the Bible as well as the generally accepted parts of the oral law. It is not a source for the generation of new laws. New laws can be generated through analogy (qiyds) on the

The last principle was not universally accepted by the Karaites.31 Perhaps it would be if it is expressed in the form of the general purposes of the law. on the other hand, maintain that the general purposes are The Rabbanites, known only to God When and difficult to determine.32

of the law: (1) the literal meaning of text (Ketav mishma); the consensus of the community (edah, (2) h bbuz); (3) conclusions derived from Scripture by the method of analogy (fiekkesh, qiyds); (4) knowledge based on human reason and intelligence.

tance of their origins recedes of historical importance only. The Karaites, whatever their origin, represent a general trend in the Jewish law, a trend found in all legal systems including modern secular law, of staying close to the letter of the law as far as possible.

the principles of theKaraites

are viewed objectively, into the background and becomes

the impor a question

Islamic

Studies,

32:2 (1993)

145

It is a system of literal interpretation. As compared to them the law of the can be called judge-made law, which has been developed Rabbanites by over a period of centuries through techniques like takkanot, minhag, jurists It has been main etc., in order to maintain its flexibility and adaptiveness. contains many Persian practices and tained that the law of the Rabbanites that was the reason for the reaction of the Karaites.33 This, however, does

not sound very convincing. Each legal system when it comes into contact with other legal systems has to decide whether to accommodate new practices in the light of the or to reject them. These new practices are accommodated standards of the system and no longer remain foreign. The only reason for the reaction of the Karaites seems to be that the rabbinic law appeared to them to deviate of the law as viewed from the original texts and was not conforming to the letter through the eyes of the literalist.

of law, called "codes" by modern scholars, were influenced work ofMuslim jurists, at least in format and the manner of presen by the tation, ifnot in actual opinions. This, however, is not very important in the was a struggle between opinion of thiswriter. What is important is that there rationalists and literalists within the Jewish tradition,34 and this was influ Jewish manuals enced directly or indirectly by the movement of theAhl al-Hadlth in Islamic law. WTiile themovement of theAhl al-Hadith was successful and continues led by to play a major role in the Islamic tradition, the literalist movement the Karaites within the Jewish tradition was crushed by the Rabbanites, who the Karaite movement been often used vicious language to do so. Had

was clearly influenced Shafi'ite thinking, as Karaite thought just by

successful, itwould have added to the richness of the Jewish tradition, even took refuge inMuslim if had elements of Islamic law in it. The Karaites lands, and it appears that six thousand of them have now been allowed to live inside Israel.

NOTES AND REFERENCES

1. " 'Anan Ben David and Karaite Origins", Jewish Quarterly Review, 68 Martin A. Cohen, 9. He adds: "This is clearly seen, for example, in the characterization of the Karaites (1978), or 'apostate secta by scholars like Harkavy, Pozanski, and Nemoy, as heretics, apostates, but clearly not in their own, and rians', which they were, in the eyes of the Rabbanites, therefore also not to a researcher standing objectively at a remove from the controversy and Ibid. 9, n. 1 (italics recognizing that one person's or group's heresy is another's authenticity."

2.

in original). Dr Leon Nemoy is recognised for his important contributions to the understanding of the Karaite movement. His edition of al-Qirkisanfs Kitdb al-Anw&r wa'l-Maraqib (1939-40), and his Karaite Anthology (1952) earned him a high standing among the students of Karaism. The on the subject is very long to be reproduced here. of these will be referred to in this paper, but for a complete list see Sheldon R. and in Studies in Judaica, Karaitica, Brunswick (ed.), "Bibliography of Leon Nemoy", list of his articles and book-reviews Some Islamica (Israel: Bar-Ilan University Press, 1982), pp. 11-24. In 1947, commenting upon

146 Islamic

Studies,

32:2 (1993)

book on the Karaites, he said, "[A] general reexamination on the Dr Raphael Mahler's whole position of Karaism in Jewish history is long overdue, and that a revision of long-held and generally accepted notions of the origins of Karaism and of the nature of its role in Jewish thought and social structure cannot be long delayed without doing injury to the most attainment of factual truth." Leon Nemoy, "Early Karaism precious ideal of history?the Jewish Quarterly Review, 40 (1950), 307. (the Need for a New Approach)", in Encyclopaedia Leon Nemoy, "Karaites", Judaica, x, 769. Abu Leon Code of Karaite Law, ed. Yusuf Ya'qub al-Qirkisani, Kitab al-Anwar wa'LMaraqib: Kohut Memorial 2 vols. in 1 (New York: The Alexander Foundation, Nemoy,

3. 4.

own books on law as "codes", while they deny the status of codes to books offlqh or Islamic law. Insofar as codes are documents enforced by the authority of the state, none of these and of books can be classified as codes. The same can be said of the Code of Maimonides the Shulhan Arukh. The book written by al-Qirkisani is not even a book on substantive law,

Jewish as may sound, Westernscholars writers, depicttheir including 1939-1940).Strange it

on of letalone a code; it is a book written thepattern books on usul al-fiqh Muslim by form. book has notbeen publishedina proper that It jurists. is surprising thisimportant This isa copyof the was in the of The onlycopyI have found University MichiganLibrary.
handwritten manuscript, and is somewhat a manner. published in more decent Cohen, Leon "Anon Ben David, Nemoy, difficult to consult. The book deserves to be

5. 6. 7. 8. 9.

pp. 130-37. Karaite Anthology: Excerpts University Press, 1952), pp. 3-8. Ibid. p. 4. Nemoy, , 'Anan Ben David, p. 231. Karaite Anthology, p. 4. Rabbanite expressed in such vicious language. Cohen

From

the Early Literature

(New Haven:

Yale

propaganda

against

the Karaites

is usually

10. 11. 12. 13. 14. 15.

This Muslim Cohen

of the Hanafi

jurist, according to Jewish literature, is said to be Abu Hanifah, school. The report is obviously a total fiction. 'Anan Ben David, p. 229.

the founder

Ibid. p. 135. 'Kitab al-Anwar, i, pp. 6-14. Al-Qirkisani, Nemoy, Karaite Anthology, pp. 45-53. Itmay be mentioned here that al-Qirkisani shows great respect for the Schools of both Hillel and Shammay. This he does in the first chapter, which forms an introduction to his book. Al-Qirkisani, Kitab Al-Qirkisani, Kitab Ibid. pp. 4-5. al-Anwar, p. 3. al-Anwar, p. 13.

16. 17. 18. 19. 20.

. . . political, social, and economic aspirations and grievances of their Persian fellow-citizens. To describe Anan as the founder of Karaism, even in the most general terms, is therefore not only an uncritical oversimplification, but a matter of direct reversal of solidly documented 21. 22. 23. facts." Nemoy, Early Karaism, pp. 310-11. inEncyclopaedia "Karaites", Judaica, Al-Qirkisani, Kitab al-Anwar, i, p. 14. Nemoy, Cohen deviation is of the opinion that: "All from Talmudic Law. Thus x, pp. 764-65.

See Jacob Mann, Texts and Studies in Jewish History and Literature (New York: Ktav Publishing House, 1972), ii, p. 44. 'Anan Ben David, p. 130, n. 3. Cohen, He says: "All this had crystallized itself long before Anan, and the inescapable logical conclusion is that Karaism was really founded not by Anan, but by these early uncouth pioneers, living in an atmosphere of a frontier region and profoundly influenced by the

in their these movements are akin to early Karaism they bear eloquent witness to the fact that ideas struc turally parallel to those of the Sefer ha-Miswot were present in Jewish society long before 'Anan. . . . Such similarities, however, are insufficien to establish a direct influence of the

earlier movements

upon Karaism. Independent dissident groups originating under the same constitution and possessing similar needs frequently display similar ideological and ritual " patterns

Islamic
24. 25. 26. 27. 28. 29. 30. 31. 32.

Studies,

32:2 (1993)

147
"Ibn Kammunah's Treatise on the Differences Between 356.

See, for example, Leon Nemoy, the Rabbanites and the Karaites", Leon Nemoy, Leon Nemoy, Al-Qirkisanf, Ibid. p. 146. Al-Qirkisani, Elliot N. Dorf "Cahn's Rise

Jewish Quarterly Review, 63 (1973), 235-36. of the Karaite Sect", Jewish Law Quarterly, 28 (1938), iv, p. 606.

in Encyclopaedia "Karaites", of Islam, KitSb aUAnwar, i, pp. 141-43. Kitdb al-Anwar,

(Albany: in Encyclopaedia Judaica, x, p. 777. Nemoy, "Karaites", Dorf and Rosett, A Living Tree, p. 204. This principle of the Rabbanites al-SharVah of Islamic law, where the purposes of law or the maqasid derivation of laws.

i, pp. 101-11. and Arthur Rosett, A Living Tree: The Roots State University of New York Press, 1988), p. 201.

and Growth of Jewish Law

dashes

with that for the

are used

33.

The 34.

book was not available. Please refer to Nemoy "Cahn's Rise of the Karaite Sect", Jewish Quarterly Review, 28 (1938), 355-56. The time in which al-Oirkisani and the sects of his time were active, we see an exactly similar struggle between the rationlists and the literalists. Nemoy says: "[T]he cardinal

KaraiteSect (NewYork, 1937). This is theviewofZvi Cahn inhis book, TheRise of the

controversy of rationalism versus literalism raged as violently in Islam as it did in Judaism, and at precisely the same time." Nemoy, Cahn's Rise of theKaraite Sect, p. 356.