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The Law Code of Simeon, Bishop of Rev-Ardashir
Texts from Christian Late Antiquity
57 Series Editor George Anton Kiraz
TeCLA (Texts from Christian Late Antiquity) is a series presenting ancient Christian texts both in their original languages and with accompanying contemporary English translations.
The Law Code of Simeon, Bishop of Rev-Ardashir
Edited and Translated by
Gorgias Press LLC, 954 River Road, Piscataway, NJ, 08854, USA www.gorgiaspress.com Copyright © 2019 by Gorgias Press LLC
All rights reserved under International and Pan-American Copyright Conventions. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise without the prior written permission of Gorgias Press LLC. ܝܒ
Library of Congress Cataloging-in-Publication Data A Cataloging-in-Publication Record is available from the Library of Congress. Printed in the United States of America
TABLE OF CONTENTS Table of Contents .................................................................................... v List of Abbreviations ............................................................................. vii List of Symbols........................................................................................ ix Introduction .............................................................................................. 1 Outline .............................................................................................. 1 Law of Moses ............................................................................ 2 Acts of Synods........................................................................... 2 Code of Īšōʿ-yahb the Catholicos .......................................... 2 Consensus .................................................................................. 3 Equivalent Retaliation (lex talionis).......................................... 3 Manuscript ....................................................................................... 5 Previous Editions and Translations ............................................. 6 Summary........................................................................................... 6 Text and Translation ............................................................................... 9 The apology of the One who was Asked by Him (=Bishop Simeon) to Translate this Book from Persian to Syriac ................................................................... 10 Forward of the Book: Justification (of Simeon) Addressed to the One Who Requested from Him to Put in Writing the Book.................................................................. 15 Chapter One: What Goal Does the Teaching of Our Lord Have, and Why He did not Lay Down Any Law Concerning Juridical Decisions? ........................................ 16 Chapter Two: Why Do We Not Practice Law on the Basis of Mosaic Law?..................................................................... 26 (Chapter Three): Concerning the Origins of Past and Present Laws Practiced in the Church .............................. 30 Beginning of All Laws .................................................................. 50 v
THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR
Bibliography of Works Cited ............................................................... 87 Syriac Sources ................................................................................ 87 Modern Sources ............................................................................ 87 Online Sources .............................................................................. 88 Index ........................................................................................................ 89 Names and Themes ...................................................................... 89 Biblical References ........................................................................ 94
LIST OF ABBREVIATIONS Cod. Borg. sir.
Codex Borgia Syriac Manuscripts (Vatican Library)
Corpus Scriptorum Christianorum Orientalium (Paris and Louvain)
Encyclopedic Dictionary of the Syriac Heritage (Piscataway, NJ: Gorgias Press, 2011)
Journal of the CSSS
Journal of the Canadian Society for Syriac Studies (Toronto)
Vatican Library, Arabic manuscripts
LIST OF SYMBOLS [F. r/v] Folio number in the Syriac manuscript ( )
Enclosed portion is a supplied word or words
Enclosed portion is a correction made on manuscript
[… ….] Portion of uncertain length or words ┐
Enclosed portion discussed in a footnote
Gap filler (looks like an elongated qōf in ms)
Simeon of Rev-Ardashir is called by the translator “Mār Simeon the priest and teacher,” and the introduction to the Code identifies him as “Mār Simeon Bishop-Metropolitan of Rev-Ardashir.” RevArdashir, the seat of the Metropolitan Simeon, is modern Zaydun in Iran. 1 Simeon may be the rebellious metropolitan mentioned in the letters of Patriarch Īšoʿ-yahb III, 2 who faced seceding tendencies that plagued the Church in Persia and the Gulf already before his time. By the early 5th century, Christianity in Persia was already a highly organized institution, whose religious authorities are attested in the synods of the Church of the East as early as the year 410. 3 The code of law, originally written in Persian, was translated into Syriac by a monk of Bēt-Qaṭrāyē, a Syriac geographical term referring to modern Qatar and the Gulf territories. The translator dwells on the fact that he was totally unfit to translate the code from Persian into Aramaic, and that the one who requested the translation had too much confidence in him. He complained about J. M. Fiey, “Diocèses syriens orientaux du Golfe persique,” in Mémorial Gabriel Khuri-Sarkis (Louvain, 1989), p. 177–218 (repr. J. M. Fiey, Communautés syriaques en Iran et Iraq (London: Variorum, 1989), #2. 2 R. Duval, Išoʿyahb patriarcha III: Liber Epistularum, CSCO 11–12, SS 11–12 (Paris: E Typographeo Reipublicae, 1904–5), successively p. 247– 255, p. 256–260, p. 260–283 (Syriac), p. 179184, p. 185–188, p. 188–204 (translation). 3 On the synodes see J. B. Chabot, Synodicon orientale ou recueil de synodes nestoriens (Paris, 1902), p. 36 (Syriac), p. 275 (translation). 1
THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR
the difficulty of the Persian text, taking pains to turn the excessively long sentences of the original into shorter sentences for clarity. He warns the reader “that if there are statements that do not reflect the style and beauty of the elegant Aramaic language, do not blame the translator!” The Code consists of two large sections, one theoretical, aiming at clarifying the nature of Christian law, and another legal, relating mostly to inheritance cases. In the theoretical section, the author comments on the limitation of scriptural laws. The Law of Moses is geared uniquely toward the Jews and the Gospel is “higher and more sublime than the practices of this world and all the deeds of virtuous conduct.” Although chapter three of the Code discusses the origins of Christian law, no concrete sources are given. The author talks about the transmission of legal codes from unnamed ancient “experts, famous in prophetic vision, who distinguished the truth from falsehood.” In the second part of the Code, which contains specific legal cases, the author mentions the following sources: Law of Moses On whether or not a son who renegades his Christian religion can inherit his father, the Church draws partially on the Old Testament for decision. While “the Law of Moses sanctions the death penalty upon those (Jews) who serve idolatry and iniquity,” the Christian law just deprives the son from inheriting his father. 4 Acts of Synods In the question as to whether or not one born of a slave can be ordained by the Church (§11), the answer is the negative “as is also written in the synods of the episcopal fathers.” Code of Īšōʿ-yahb the Catholicos “Also I saw that it is decided in the canons and laws of the late Īšōʿ-yahb the Catholicos, and thus written in the synods of the ancient, concerning monks… (§20)”. The named Catholicos is prob4
See below Equivalent Retaliation (lex talionis).
ably Īšōʿ-yahb of Arzen (582–595), who wrote his law code at the request of James, Bishop of the Island of Darai in the Gulf. 5 Consensus In at least one case (§15) the author admits common sense, including “practices” and “customs”, as a legal source. He gives an example of consensus, saying: “Now the husband is obliged to respond to the need of his wife at all times, and the wife is required … to serve and obey her husband. We understand this from true facts, in that the husband and the wife form one house and one family…” Strangely, the author does not link this “true fact” to St. Paul’s admonition: “Husbands, love your wives, just as Christ loved the church and gave himself up for her to make her holy…” (Eph. 5:22ff). Equivalent Retaliation (lex talionis ) The “eye for eye and tooth for tooth” attitude is found in the question of whether a son who converts to a religion other than that of his father has the right to inherit. The law among “pagans” denies the son from inheriting, and Simeon adds: “… so too the son of a Christian man who converts to another religion ought not to be given a share from his father’s asset” (§3). In a pluralistic society in Persia and Mesopotamia, this case must have been familiar and Simeon seems to admit that this is a “practical” decision, adding: “About this matter, I know of no other explanation to bring and to compare with.” ***
Simeon’s Code of Law covers family matters, mostly inheritance, as mentioned above. Slavery, namely in the context of inheritance and in relationship with ecclesiastic order, is also covered. Questions about the assets of the father after he dies arise, and who has the right to inherit the assets if he has a wife, a mother, brothers and sisters, and children, whether these are minor or adults. The large verdicts given by the Code are in favour of young children and of 5
The code is translated by Chabot, Synodicon, p. 424–451.
THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR
needy wives and mothers. When the Church intervenes in inheritance questions, it imposes its power so that people in need are protected. Although codes claim that when the husband dies, his wife becomes “stranger within her husband’s family because her partnership with her husband is dissolved” (§15, 19), she actually has the right to inheritance if she has no children (§1). Even if she decides to remarry after the death of her husband, in which case she would be supported by her new husband, “it is not lawful that a man, at the time of his death, leaves his wife without support” (§3). Mothers have also the right to inherit half of the assets of the deceased son if he has no children, and the other half goes to his brothers (§15). The discrepancy between what sons and daughters get after the death of their father is defended by the Code: “Although the Scripture does not clearly explain this matter, it is evident that everywhere it is the sons not the daughters who hold the inheritance of the parents. And because the sons get the inheritance of their parents in greater proportions, therefore, a full share is given to the sons and half a share goes to the daughters…(§13).” 6 Simeon intervenes in defense of the daughters when the inheritance is not of great amount: “Because the son is provided with additional (share), the ecclesiastical leaders decided that the additional share compared to that of the daughter be given to her.” This additional decision is so that deprivation would not lead to moral misbehavior, and that is why “it was thus judged and sanctioned, justly and compassionately.” The question of slavery seems at first intriguing, given St. Paul’s assertion: There is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus (Gal. 2:28), but slavery was part of the social fabric in Sassanian Persia and Mesopotamia. Clergy cannot marry a slave woman unless she is freed (§11); otherwise, the marriage turns into adultery. The Code asserts that a male slave cannot be ordained into the priesthood unless he is freed “as is written in the synods of the episcopal fathers” (§11). In two places it is firmly stated that slave children cannot inherit Currently in Iraq this rule is still applicable among the Christians but they attribute this rule to Islamic laws not to Church law! 6
from their free father, and here Theodore of Mopsuestia is brought in as a witness (§12). Nonetheless, if the children in question are crippled, “they ought to be given some share from whatever their begetter has” (§22).
Codex Borg. sir. 81, housed at the Vatican Library, contains a compendium of law codes written by authors who lived between the 7th and the 11th centuries. The code of Simeon of RevArdashir is inserted between the code of ʿAbd-Īšōʿ Bar-Bahrīs (9th century), Metropolitan of Assyria and Adiabene, and the code of Īšōʿ-bokht (8th–9th centuries), Metropolitan of Persia. The script is generally East Syriac, traced in dark colour, while the headings are traced in red. Unfortunately, the compendium is not complete at the beginning and at the end, while several folios are also missing in between. Thus, the colophon, which must have contained the name of the copyist and the date and place of copying, is missing. Judging from the handwriting of the manuscript, the codex must have been produced during the 19th century, possibly in Alqosh.7 The folios contain no unusual features except that at the end of each verso, the copyist wrote the first word of the recto in anticipation; this practice is found in many manuscripts, especially liturgical. Codex Borg. sir. 81 is now accessible online: http:[F. [F. digi.vatlib.it[F. view[F. MSS_Borg.sir.81.
Several law codes were translated from Syriac into Arabic in the past centuries, and some translations are found in Codex Vat. Arab. 153. This manuscript also misses folios at the beginning and at the end, including the colophon. The Arabic handwriting is largely clear despite black patches that sometimes hinder decipherment. From the handwriting, it must be from the 14th century, a plausible date since translations of technical manuscripts from Syriac into This manuscript does not contain a date but it is probably a 19th century copy of Alqosh 169; Lucas van Rompay, “Synodicon Orientale,” Encyclopedia Dictionary, p. 388. 7
THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR
Arabic ceased after that century. This manuscript is also accessible online: http:[F. [F. digi.vatlib.it[F. view[F. MSS_Vat.ar.153.
PREVIOUS EDITIONS AND TRANSLATIONS
More than a century ago, Edward Sachau edited and translated into German the law code of Simeon, and his meticulous work is still valuable. 8 The law code of Simeon was translated from Sachau’s Syriac text into English and published two years ago by the present author. 9 The Gorgias publication includes the English translation mentioned above, along with a new edition of the Syriac text drawn on Codex Borg. sir. 81. The translation is slightly modified in light of the Vatican manuscript, which was collated against Sachau’s edition. The pagination in the present publication is based on the online digital version of the code. Codex Vat. Arab. 153 was also consulted and sometimes quoted in footnotes, to clarify difficult passages in the Syriac original or to compare between the two versions of the code.
The apology of the one who was asked by the latter to translate this book from Persian to Syriac
Forward of the Book: Justification of (Simeon) addressed to the one who requested from him to put in writing the book Chapter One: What goal does the teaching of our Lord have, and why He did not lay down any law concerning juridical decisions?
The Syriac text is in Sachau’s Syrische Rechtsbücher, vol. III (Berlin: von Georg Reimer, 1914), p. 209–253 (all odd numbers) and the German translation is on p. 207–252 (all even numbers). We follow Sachau’s excellent editorial notes, both in footnotes and in his Anmerkungen in p. 347– 362. 9 A. Harrak, “The Code of law of Simeon, Bishop of Rev-Ardashir: Presentation and Translation,” Journal of the CSSS 17 (2017), p. 49–78. 8
Chapter Two: Why Do We Not Practice Law on the Basis of Mosaic Law?
(Chapter Three): Concerning the origins of past and present laws practiced in the Church Beginning of All Laws
TEXT AND TRANSLATION
10 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR [F. 12r] Then, various chapters on frequent cases of ecclesiastical laws are stated in clear terms by the illustrious in apostolic teaching, Mār Simeon Bishop-Metropolitan , translated from Persian to Aramaic by one of the aksēnāyē-brothers 1 of the region of Bēt-Qaṭrāyē. 2
THE APOLOGY OF THE ONE WHO WAS ASKED BY HIM (=BISHOP SIMEON) TO TRANSLATE THIS BOOK FROM PERSIAN TO SYRIAC
“Your honourable order enticed me to be entangled with a matter which goes beyond my ability, O virtuous and God-loving Mār Simeon the priest [F. 12v] and teacher. It made me greatly admire your will, which utters spiritual things, in that you had acquired such high opinion of me. As for me, whenever I considered my lack of knowledge, I feel compelled to excuse myself from fulfilling your order; but I am afraid lest I be found ungrateful and defrauding the profusion of your divine love. Your reverence, full of virtues, is glorified as if with a wonderful crown bejewelled with precious stones, and your excellency—shaped by heavenly conducts worthy of our glorious and learned holy Fathers of good memory—is praised. The latter shepherded virtuously the intelligent flock which Christ, the Lord of shepherds, entrusted to them, and through providential dispensation, you succeeded them lawfully and humanely, by a virtuous and honourable lot.
The familiar term refers to monks. This toponym included modern Qatar and other territories of the Gulf as well. 1 2
TEXT AND TRANSLATION
̈ ܕܕܝܢܐ ̈ ܣܒܝܣܐ ̈ ̈ ܕܐܡܝܪܝܢ ܥܕܬܢܝܐ ܡܦܬܟܐ ܕܫ�ܒܐ ]┐ [F.12rܬܘܒ ̈ܪܫܐ ݂ ̇ ̈ ̈ ܫܠܝܚܝܐ .ܡܪܝ ܫܡܥܘܢ ܠܢܨܝܚ ܒܝܘܠܦܢܐ ܒܡܠܬܐ ܡܬܚܡܬܐ ݂ ܐܦܣܩܘܦܐ ܡܝܛܪܦܘܠܝܛܐ >ܕܪܝܘܐܪܕܫܝܪ< 3ܘܡܦܩܝܢ ܡܢ ܦܪܣܝܐ ̈ �ܪܡܝܐ ܠܚܕ ݂ܡܢ ̈ ܐܟܣܢܝܐ ܡܢ ܐܬܪܐ ܕܒܝܬ ܩܛ�ܝܐ : ܐܚܐ ܡܦܩ ܒܪܘܚܐ ̇ ܕܒܥܐ ܡܢܗ ▱ ܕܢܦܩܝܘܗܝ ܠܟܬܒܐ ܗܢܐ ܡܢ ܦܪܣܝܐ ܠܗܘ ݂ ܠܣܘܪܝܝܐ▱ 4 .
ܕܐܬܥܪܙܠ .ܐܘ ܒܨܒܘܬܐ ܕܪܡܐ ݂ܡܢ ܚܝܠܝ ܓܪܓܢܝ ܦܘܩܕܢܟ ܝܩܝܪܐ ݂ ܢܟܦܐ ܘܪܚܡ ܐܠܗܐ ܡܪܝ ܫܡܥܘܢ ܩܫܝܫܐ ] [F.12vܘܡܠܦܢܐ .ܘܪܒܬ ܐܬܬܢܝ ܠܡܬܕܡܪܘ ܒܨܒܝܢܟ ܪܬܡ ܒ�ܘܚܢܝܬܐ :ܕܗܕܐ ̇ ܟܠܗ ܡܣܒܪܢܘܬܐ ܩܢܐ ܐܢ̄ܬ ܥܠܝ .ܐܢܐ ܕܝܢ ܟܠ ܐܡܬܝ ܕܠܗܕܐ ܨܒܘܬܐ :ܥܡ � ܡܕܪܫܘܬܐ ܕܝܕܥܬܝ ܡܦܢܐ ̄ ̇ ܫܘܡܠܝܗ ܡܬܥܨܐ ܐܢܐ .ܕܐܫܬܐܠ ܡܢ ܐܢܐ .ܩܢܛ ̄ ̄ ܐܢܐ ܕܝܢ ܕܕܡ ܛܠܘܡܐ ܘܟܐܡ ܥܠ ܫܦܝܥܘܬ ܚܘܒܟ ܐܠܗܝܐ ̈ ܕܨܐܕܝ ܐܫܬܟܚ .ܕܒܕܡܘܬ ܟܠܝ� ܦܐܝܐ ܕܚܪܝܙ ܘܡܨܒܬ ܒܟܐܦܐ ̈ ܡܠܝܬ ̈ ܢܨܚܢܐ :ܘܡܫܬܒܚܐ ܒܗ ܛܒܬܐ :ܡܗܕܪܐ ܒܗ ܚܣܝܘܬܟ ̤ ̈ ̈ ̈ ܡܝܬܪܘܬܟ ܛܦܣܬ ܒܕܘܒ�ܐ ܫܡܝܢܐ :ܕܫܘܝܝ ܠܕܘܟܪܢܐ ܛܒܐ ܢܨܝܚܐ ̈ ܐܒܗܝܢ ̈ ܩܕܝܫܐ ̇ :ܗܢܘܢ ܕܪܥܘ ܙܗܝܐܝܬ ܠܡܪܥܝܬܐ ܡܠܝܠܬܐ ܘܒܚܝ�ܐ ܥܠܬ ݂ܡܢ ܡܫܝܚܐ ܪܒ ̈ܪܥܘܬܐ ܕܡܢܗܘܢ ܒܦܘܪܢܣܐ ܕܠܗܘܢ ܐܬܓ ̤ ܡܕܒܪܢܝܐ ܥܠ ܫܘܫܛܟ ܢܡܘܣܐ ܕܟܝܢܐ ܒܫܦܝܪܘܬ ܡܢܬܐ ܡܝܬܪܬܐ :
.ܕܕܝܘܐܪܕܫܝܪ Ms.: Written in red. This colophon occupies the bottom half of f. 12r.
12 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR For you took from them (the Fathers) what is in nature, and also what is in the Will, and they found in your succession a diligent and faithful heir in both body and spirit, for you are related, in virtue and perfection, to their brotherhood concretely and mystically. This is indeed an inheritance that can be acquired, and thus, you admonish with of all virtues in the Church of God; in it the Lord the Spirit established you, like a sun, through His conferred grace and radiant rays. To those near you give delight through the lushness of words—like the holy ones—and with your attractive interaction; you appeal to those distant through the wonder that is in you, thanks to the news of your heroic deeds.
by the Apostle fits you: You are a pleasing aroma to God in Christ. 5 The proof of this is what you have done to me at this time. You wanted to show in these events the reality of the truthfulness of your complete love—it showers everyone generously in the same way as it happened to me. You selected me from among the many persons [F. 13r] who walk according to and are managed by your special love, to accomplish this work. For you requested that I translate into Aramaic complicated Persian essays expressed by people respected in divine matters and wealthy in the apostolic teaching, and which you have handed over to me when I was near you. This matter distressed me much, for you advised me to walk a road untrodden. But because your beloved order is dear to me, I accepted with entire readiness your advantageous request that I should complete the deed.
2 Corinthians 2:15.
TEXT AND TRANSLATION
ܘܐܫܬܟܚܬ ܠܗܘܢ ܫܩܠܬ ܡܢܗܘܢ ̇ܗܢܘܢ ܕܟܝܢܐ ܐܦ ̇ܗܠܝܢ ܕܨܒܝܢܐ. ܟܕ ̤ ̤ ܘܕܪܘܚ. ܒܫܠܡܘ .ܝܪܬܐ ܚܦܝܛܐ ܘܡܗܝܡܢܐ :ܕܕܡܘܬܐ ܕܦܓܪ ݂ ݂ ̇ ܡܬ ܡܝܬܪܐܝܬ ܐܘܟܝܬ ܡܫܡܠܝܐܝܬ ܒܐܚܝܢܘܬܗܘܢ ܒܕܐܬܛܗ ̤ ̇ ܕܐܝܬܝܗ ܒܫܪܪܐ ܝܪܬܘܬܐ ܡܬܪܓܫܢܝܬܐ ܘܡܣܬܟܠܢܝܬܐ .ܗܕܐ ܡܬܩܕܝܢܝܬܐ :ܕܒܕܓܘܢ ܗܐ ܡܦܪܓܠ ܐܢ̄ܬ >ܒܚܘܛܪܐ< 6ܕܟܠ ̇ ܕܒܗ ܢܨܒܟ ܡܪܝܐ ܪܘܚܐ ܒܫܘܟܢܐ ܡܝܬ̈ܪܢ .ܒܓܘ ܥܕܬܗ ܕܐܠܗܐ ̈ ܩܘܗܝ .ܟܕ ܠܩܪܝܒܘܬܐ ܕܙܠܝ ܕܛܝܒܘܬܗ :ܒܕܡܘܬ ܫܡܫܐ ܒܨܡܚܐ ݂ ̈ ܒܣܒܝܣܘܬܐ ܕܡܠܘܗܝ ܐܝܟ ̈ܪܘܚܢܐ .ܘܥܢܝܢܟ ܪܓܝܓܐ ܡܒܣܡ ܐܢ̄ܬ. ̇ ̄ ̈ ܠ�ܚܝܩܐ ܕܝܢ ܒܛ ̈ܒܐ ܕܢܨܚܢܝܟ ܠܬܗܪܐ ܕܒܟ ܢܬܦ ܐܢܬ ܘܠܚܡܐ ̇ܗܝ >ܕܬܬܐܡܪ< 7ܠܘܬܟ ̇ܗܝ ܕܫܠܝܚܐ .ܕܪܝܚܐ ܐܢ̄ܬܘܢ ܓܝܪ ̇ ܐܝܬܝܗ ܗܕܐ ܒܣܝܡܐ ܒܡܫܝܚܐ �ܠܗܐ :ܘܬܚܘܝܬܐ ܕܗܠܝܢ ܟܠܗܝܢ ̈ ̇ ܕܫܪܪܗ ܕܚܘܒܟ ܕܨܐܕܝ ܣܥܪܬ ܒܗܢܐ ܙܒܢܐ .ܕܟܕ ̇ܨܒܝܬ ܕܫܘܘܕܥܐ ̇ ܓܡܝܪܐ :ܗܘ ܕܕ� ܚܣܡ ܫܦܝܥ ܠܘܬ ܟܠܢܫ :ܬܕܢܚܝܘܗܝ ܒܗܢܘܢ ܕܨܐܕܝ ݂ :ܡܢ ܓܘܐ ܕܦ�ܨܘܦܐ ܒܣܘܥ�ܢܐ :ܒܝܚܕܝܘܬ ܙܢܐ ܕܗܠܝܢ ݂ ̈ ܣܓܝܐܐ [F.13r] .ܕܝܬܝܪ ܪܕܝܢ ܘܡܕܩܝܢ ܒܦܪܝܫܘܬ ܪܚܡܬܟ ܦܪܫܬܢܝ ̈ ܠܫܘܡܠܝܗ ܕܗܢܐ ܣܘܥܪܢܐ .ܐܦܝܣܬܢܝ ܓܝܪ :ܕܠܫ�ܒܐ ܣܒܝܣܐ ܕܒܠܫܢܐ ܐܡܝܪܝܢ ̄ � ̈ ̈ ܒܐܠܗܝܬܐ ܘܥܬܝ�ܝ ܒܝܘܠܦܢܐ ܫܠܝܚܝܐ : ܢܫܐ ܡܝܬ̈ܪܝ ܦܪܣܝܐ ݂ ̇ ܘܝܬ .ܐܝܒܠ ܐܢܘܢ ܠܠܫܢܐ ̇ܗܢܘܢ ܕܐܘܫܛܬ ܠܝ ܟܕ ܒܩܪܝܒܘܬܟ ܐܝܬܝ ܗ ݂ ̇ ܐܟܡܢ ܕܒܫܒܝ� ܐܬܥܣܩܬ ܥܠܝ ܨܒܘܬܐ ܐܪܡܝܐ .ܐܢܐ ܕܝܢ ܟܕ ܛܒ ̤ ܪܚܝܡܐ. ܦܘܩܕܢܟ ܥܠܝ ܒܕܝܩܝܪ ܒܪܡ ܠܡܪܕܐ. ܡܠܟܬܢܝ ܚܕܬܐ ܘ� ܕܪܝܫܐ ݂ ܒܟܠܗ ܛܘܝܒܐ ̇ ܩܒܠܬ ܠܦܝܣܟ ܡܘܬܪܢܐ ܗܢܐ ܕܐܓܡܪܝܘܗܝ ܒܗܘܢ ܒܣܘܥ�ܢܐ.
. Sachau wondered if this term is not Greekܒܫܘܦܛ�ܐ Ms.: σκηπτρον, but the correction above is more plausible. .ܕܐܬܐܡܪ 7 Ms.: 6
14 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR I am ready, but I inform you and anyone else who willingly loves truth, who falls upon these essays, that if there are statements that do not reflect the beauty and elegance of the Aramaic language, not to blame the translator too harshly. Let the reader know in love that this is due to the difficulty of the Persian language, and that the reader should not stick to the Aramaic translation in every place. Under the difficulty of interpretation, I shall be as diligent as possible to make the essays fittingly meaningful without altering definitions found in the original text. If I am forced by the style thus to translate it, disordered words (in the original) will be cut down (to accommodate) the need of the (Syriac) language, but that is not due to the ignorance of the translator.
It is now time to begin the work. While counting on the prayers of my brothers and companions, I call upon the heavenly power—the eternal Teacher who is accustomed to make His power shine in the weak—to assist my weakness and to communicate to me from His unfathomable store of wisdom, the shiny beam of understanding. In this way, this work will be completed at my hands, following the request of your love, perfect in divine matters.”
TEXT AND TRANSLATION
ܐܢܐ ܟܕ ܡܘܕܥ ̄ ܡܥܬܕ ̄ ܐܢܐ ܠܟ ܘܠܟܠ ܐܝܢܐ ܕܒܨܒܝܢܐ ̇ ܪܚܡ ܫܪܪܐ ̈ ̈ ܦܓܥ ܒܗܠܝܢ ܫ�ܒܐ :ܕܐܢ ܡܫܟܚ ܒܗܘܢ ܡ� ܕ� ܩܢܝܢ ܚܪܝܙܘܬܐ ܘܨܒܬܐ ܖ 8ܕܠܫܢܐ ܡܪܝܩܐ ܕܐܪܡܝܐ � .ܢܥܕܘܠ ܒܒܝܫܘ ܠܡܝܒܠܢܐ .ܐ� ܥܠܬ ܡܥܪܩܠܘܬܗ ܕܠܫܢܐ ܦܪܣܝܐ ܓܕܫܐ ܗܕܐ :ܕ� ܢܐܠܦ ܒܚܘܒܐ ݂ܕܡܢ ̤ ̄ ܢܩܦ ܒܟܠܕܘܟ ܠܦܘܫܩܐ ܕܠܫܢܐ ܐܪܡܝܐ .ܐܢܐ ܕܝܢ ܟܡܐ ܕܡܫܟܚ ܐܢܐ ܐܬܚܦܛ .ܕܐܝܟܢܐ ̇ ܕܠܚܡ :ܕܢܬܬܣܝܡ ܫܪܒܐ ܒܪܥܝܢܐ .ܒܕ� ܡܫܬܓܢܐ ̄ ̇ ܢܝܫܐ ܕܣܘܟܠܗܝܢ ̈ ܕܡ� .ܗܡܣ ܐܢܐ ܕܐܣܝܡܝܘܗܝ ܪܥܝܢܐܝܬ .ܐܝܟܐ ܕܝܢ ܕܒܗ ܒܛܒܥܐ ܡܬܥܨܐ ̄ ܕܐܦܫܩܝܘܗܝ .ܬܬܩܨܨ � ܡܛܟܣܘܬܐ ܐܢܐ ݂ ̄ ܕܡܝܒܠܢܐ ܕ ̈ܡ� ܠܨܪܝܟܘܬܗ ܕܠܫܢܐ ܘ� ܗ ݂ܘܐ ܠ� ܝܕܥܬܗ ݂ ̈ ̈ ̈ ܘܒܥܘܬܗܘܢ< 9 ܕܨܠܘܬܗܘܢ > ܙܒܢܐ ̄ܗ ݂ܘ ݂ܠܝ ܡܟܝܠ ܕܟܕ ܒܬܘܟܠܢܐ ܕܐܚܝ ܘܒܢܝ ܥܢܝܢܝ ܡܫܪܐ ̄ ̇ ̈ ܐܢܐ ܒܗ ܒܥܒܕܐ .ܐܩܪܐ �ܝ� ܕܡܚܝܠܘܬܝ ܚܝ� ̇ ̇ ̈ ܒܡܚܝ� ܫܡܝܢܐ :ܕܗܘ ܡܠܦܢܐ ܡܬܘܡܝܐ :ܗܘ ܕܡܥܕ ܡܢܨܚ ܚܝܠܗ ܕܢܘܫܛ ܠܝ ݂ܡܢ ܓܙܐ ܕܚܟܡܬܗ � ܡܬܕܪܟܢܝܬܐ :ܙܠܓܐ ܒܗܘܪܐ ̈ ̈ ܒܐܝܕܝ ܗܢܐ ܣܘܥܪܢܐ ܐܝܟ ܫܐܠܬܗ ܕܚܘܒܟ ܕܣܘܟ� ܕܢܬܓܡܪ ̈ ܒܐܠܗܝܬܐ. ܓܡܝܪܐ
Ms. Sic. ̈ .ܘܒܒܥܘܬܗܘܢ MS.:
16 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR
FORWARD OF THE BOOK: JUSTIFICATION (OF SIMEON) ADDRESSED TO THE ONE WHO REQUESTED FROM HIM TO PUT IN WRITING THE BOOK.
The questions which your holiness asked me that concern matters of ecclesiastical law: [F. 13v] Why did our Lord not deliver them in establishing His laws? What is the reason that we do not treat legal matters following the Law of Moses? From where did we obtain our traditional laws currently in use? Concerning other held legal questions, and how they are usually applied, I shall write, as much as I understand and am able to through the Divine Grace.
CHAPTER ONE: WHAT GOAL DOES THE TEACHING OF OUR LORD HAVE, AND WHY HE DID NOT LAY DOWN ANY LAW CONCERNING JURIDICAL DECISIONS?
The goal of our Lord’s teaching is higher and more sublime than the practices of this world and all the deeds of virtuous conduct. This is clear to everyone without saying, and on that account, He intended to deliver to the people in setting down laws, not corporeal ways of life, nor did He honour or despise the doings of things human, but it seemed pleasing to Him that the will of the soul would first need to be sanctified and purified, and thus, He established the definition of sin and righteousness. 10
An echo of this statement about Christ is in Vat. Ar. 153, F. 118a–
TEXT AND TRANSLATION
ܕܒܥܐ ܡܢܗ ܕܢܥܒܕܝܘܗܝ ┐ܫܘܪܝܐ ܕܝܠܗ ܕܟܬܒܐ ܡܦܩ ܒܪܘܚܐ ܠܘܬ ̇ܗܘ ݂ ̈ ܒܟܬܝܒܬܐ11 . ܕܕܝܢܐ ]̈ [F.13v ܗܠܝܢ ܕܩܕܝܫܘܬܟ ܥܠ ܨܒܘܬܐ ̈ ܪܫܡܬ ܠܝ .ܕܡܛܠ ܥܕܬܢܝܐ ݂ ̈ ܡܢܐ ܡܪܢ � ̇ ̄ ܐܫܠܡ ܐܢܝܢ ܒܣܝܡ ܢܡܘܣܘܗܝ .ܘܐܝܕܐ ܗ݂ܝ ܥܠܬܐ ܕ� ̄ܗ ݂ܘܐ ݂ܡܢ ܢܡܘܣܐ ܕܡܘܫܐ ܥܒܕܝܢܢ ̈ ܘܕܡܢ ܐܝܟܐ ܩܒܠܢܢ ܗܕܐ ܕܝܢܐ ݂ : ܕܕܝܢܐ ܕܪܕܝܐ ܠܘܬܢ .ܘܥܠ ܫ�ܒܐ ܬܘܒ ̄ ܐܚ�ܢܐ ̈ ܡܫܠܡܢܘܬܐ ̈ ܕܕܝܢܐ. ܕܐܝܟܢܐ ܒܥܝܕܐ ܐܚܝܕܝܢ ܡܣܬܥܪܝܢ .ܟܡܐ ܕܡܕܪܟܐ ܝܕܥܬܝ ܘܣܦܩܐ ܒܥܘܕܪܢܐ ܕܛܝܒܘܬܐ ܐܠܗܝܬܐ ̇ܟܬܒ ̄ ܐܢܐ ܠܟ. ܘܬ ܡܠܦܢܘܬܐ 12ܕܡܪܢ .ܘܕܡܛܠ ┐ܪܝܫܐ ܩܕܡܝܐ ▱ ܕܐܝܢܐ ܢܝܫܐ ܩܢܝܐ ̄ܗ ̤ ̇ ̈ ܡܢܐ � ̇ܬܚܡ ܢܡܘܣܐ ܥܠ ܦܣܩܐ ܕܕܝܢܐ13 .
ܕܢܝܫܐ ܗܟܝܠ ܕܡܠܦܢܘܬܗ ܕܡܪܢ ܡܥܠܝ ܘܪܡ ܡܢ ܕܘܒܪܐ 14ܕܥܠܡܐ ܗܢܐ : ܘܡܢ ܟܠܗܘܢ ܣܘܥ�ܢܐ ܕܗܘܦܟܐ ܕܡܝܬܪܘܬܐ :ܓܠܝܐ ̄ܗ݂ܝ ܠܟܠܢܫ .ܐܦ ̈ ܢܡܘܣܘܗܝ � ܕܘܒ�ܐ ܦܓ�ܢܝܐ ܩܕܡ ̈ܡܠܝܢ .ܕܒܕܓܘܢ :ܐܦ ܒܣܝܡ ̄ ̈ ̈ ̈ ܠܒܢܝܢܫܐ .ܐܦ� ܠܣܘܥ�ܢܐ ܕܨܒܘܬܐ ܐܢܫܝܬܐ ܐܬܚܙܝܬ ܠܗ ܠܡܫܠܡܘ ̤ ̇ ܗܘ ܨܒܝܢܐ ܕܢܦܫܐ ܙܕܩ ̇ܝܩܪ ܐܘ ܐܣܠܝ .ܐ� ܗܟܢܐ ܫܦܪܬ ܠܗ ܕܠܘܩܕܡ ̤ ̤ ܘܠܡܕܟܝܘ .ܘܥܠܘܗܝ ܣܡ ܚܘܪܩܢܐ ܕܚܛܝܬܐ ܘܕܙܕܝܩܘܬܐ. ܠܡܩܕܫܘ ݂
Written in red. but deleted the suffix,ܡܠܦܢܘܬܗ It seems that the scribe wrote which is still partially visible. 13 Written in red. 14 Missing syōmē. 11 12
18 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Beyond adultery, the very intention of committing adultery He rejected and declared unclean: Anyone who looks at a woman in order to lust after her already has committed adultery in his heart; 15 beyond committing murder, the very thought of it, and so too hatred and enmity: Anyone who is angry with his brother in vain shall be liable to judgement; 16 beyond false oath, the very indication of falsehood He uprooted 17 declaring: You have heard that it was said to the ancestors, ‘Do not break your oath,’ 18 other such words He ordered and confirmed. He taught us not only these things, but also that we may take care to eliminate and stop in our bodily members repugnant actions and sin committing. But we ought especially to take care of , to purify it from the will inclined to evil, and this is the main and highest element for a human being.
As the aim of our Lord’s incarnation not to give us ephemeral and perishable life, [F. 14r] his teaching appears to be much more transcendent than physically visible matters. Therefore, it was not fit for the greatness of that admirable and divine economy to set a law concerning the question of trade, a matter that suits the state of the mortal conduct. Even though He taught about lawsuits and quarrels relevant to worldly possessions and properties, He in reality commanded to totally uplift our minds from all these things—(secular) judicial cases and the care of this visible mode of life, and only to seek and emulate heavenly ways.
Matthew 5:28. Matthew 5:22. 17 Lit. “he extirpated from the middle,” an infrequent expression. 18 Matthew 5:33. 15 16
TEXT AND TRANSLATION
̇ ܟܠܡܢ ܠܡ ܟܕ ܚܠܦ ܓܘܪܐ ܠܗ ܠܨܒܝܢܐ ܕܓܝܪܘܬܐ ܐܣܠܝ ܘܛܡܐܐ. ̇ ݂̇ ܓܪܗ ܒܠܒܗ .ܘܚܠܦ ܣܘܥܪܢܐ ܕܢܪܓܝܗ .ܡܚܕܐ ܕܢܚܙܐ ܐܢ̄ܬܬܐ ܐܝܟ ̇ ܕܩܛ� ܠܗܪܓܐ .ܘܒܣܢܐܬܐ ܘܒܥܠܕܒܒܘܬܐ .ܟܠܡܢ ܕܢܪܓܙ ܥܠ ܐܚܘܗܝ ܐܝܩܐ .ܡܚܝܒ ̄ܗ ݂ܘ ܠܕܝܢܐ .ܘܚܠܦ ܡܘܡܬܐ ܕܓܠܬܐ ܠܗ ܠܢܝܫܐ ݂ ̇ ܕܐܡܪ .ܫܡܥܬܘܢ ܠܡ ܕܐܬܐܡܪ ܝ ܒܗ ܡܨܥܬܐ ܢ ܡ ܥܠܝ : ܕܕܓܠܘܬܐ ݂ ݂ ܠܩܕܡ ݂ܝܐ .ܕ� ܬܕܓܠ ܒܡܘܡܬܟ ▱ >ܥܡ< 19ܫܪܟܐ ̄ ̈ ܕܦܩܕ ܕܐܚ�ܢܝܬܐ ݂ ̄ ̄ ܘܬܚܡ .ܕܒܗܠܝܢ ܡܠܦ ܗ ݂ܘܐ ܠܢ ܕ� ܗ ݂ܘܐ ܒܠܚܘܕ .ܗܢܘܢ ܣܘܥ�ܢܐ ܫܟܝ�ܐ ܘܬܫܡܫܬܐ ܕܦܘܠܚܢܐ ܕܚܛܝܬܐ ܢܐܨܦ ܠܡܪܚܩܘ ܘܠܡܒܛܠܘ ݂ܡܢ ̇ ̈ ܗܕܡܝ ܦܓܪܢ .ܐ� ܕܝܬܝܪܐܝܬ ܥܠܝܗ >ܕܢܦܫܐ< ݁ 20ܙܕܩ ܕܬܐܟܦ ܠܢ : ̇ ̇ ̇ ̇ ܕܗܝ ܐܝܬܝܗ ܡܢܬܐ ܠܡܕܟܝܘܬܗ ݂ܡܢ ܨܒܝܢܐ ܢܩܐ ܠܒܝܫܬܐ .ܐܟܡܢ ̤ ܪܫܝܬܐ ܘܡܝܬܪܬܐ ܕܒܪܢܫܐ. ܗܘܐ ܕܢܓܙܪ ܘܢܬܠ ܠܢ ܘܡܛܠ ܕܢܝܫܐ ܕܡܕܒܪܢܘܬܗ ܕܡܪܢ :ܠܘ ┐ܗܢܐ ݂ 21 ̈ ܚܝܐ ܥܒܘ̈ܪܐ ܘܡܫܬ̈ܪܝܢܐ :ܥܠ ܗܕܐ ܐܦ ] [F.14rܡܠܦܢܘܬܗ ܡܬܚܙܝܐ ̈ ̈ ܕܣܓܝ ܡܥܠܝܐ ݂ܡܢ ܨܒܘܬܐ ܦܓ�ܢܝܬܐ ܘܡܬܚܙܝܢܝܬܐ .ܘܒܕܓܘܢ� . ܦܐܝܐ ̄ܗܘܬ ܠܪܒܘܬܐ ̇ ܕܗܝ ܡܕܒܪܢܘܬܐ ܬܡܝܗܬܐ ܘܐܠܗܝܬܐ :ܕܢܣܝܡ ̤ ܢܡܘܣܐ ܥܠ ܨܒܘܬܐ ܕܡܣܒܐ ܘܡܬ� :ܗܠܝܢ ܕܠܩܘܝܡܐ ܕܗܢܐ ܕܘܒܪܐ ܕܡܝܘܬܘܬܐ ܥܗܢܝܢ .ܐܦ ܓܝܪ ܐܝܟܢܐ ܡܠܦ ̄ܗ ݂ܘܐ ܥܠ ̈ ܕܝܢܐ ܘܚ�ܝܢܐ ܕܡܛܠ ܩܢܝܢܐ ̈ ܥܠܡܢܝܐ̇ .ܗܘ ܕܗܕܐ ̇ ̈ ܦܩܕ ܕܠܓܡܪ ܢܥ� ܬܪܥܝܬܢ ܘܢܟܣܐ ݂ܡܢ ܟܠܗܝܢ .ܕܝܢܐ ܘܨܒܬܐ 22ܕܕܘܒܪܐ ܗܢܐ ܡܬܚܙܝܢܐ :ܘܒܠܚܘܕ ܒܕܘܒ�ܐ ̈ ܫܡܝܢܐ ܢܛܦܣ ܘܢܡܪܐ.
.ܥܠ Ms.: .ܫ . Final nūn misses the upper stroke of the šīnܕܢܦܢܐ Ms.: 21 Written in the margin. ” “solicitude for.ܨܒܘܬܐ 22 It could be a corruption of 19 20
20 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR We ought to think about and restrict our minds to it, just as He said: Where your treasure is, there your heart will be also. 23 And how could the following sayings not be opposite of the established law about lawsuits and quarrels: If anyone wants to take your shirt, hand over your coat as well; if anyone slaps you on the right cheek, turn to him the other cheek also; 24 and this: Do not take revenge, but leave room for [God’s] wrath; 25 and this: Sell your possessions and give alms? 26 (How) about the (dead) man’s inheritance who has no wife and sons, who has right over his inheritance?! Or about a (dead) man’s inheritance for the sons and the daughters: should it be divided equally or should the sons get more and the daughters get less?!
We notice that the Law of Moses dictates to its adherents worldly practices, although it considers legal matters as something base. But the one who wants to know exactly why our Lord did not set laws concerning trade, it is easy to know from (His) actions. For our Lord and Saviour was not concerned about possessions and properties, but about teaching people the perfection of righteousness and true conducts, and to eliminate from the people oppression, fraud, quarrel, and falsehood, and the like. Because of the foreknowledge [F. 14v] of His divinity He was aware that if love alone is found in someone, it would be able to break and dismiss all hatred, oppression, and falsehood; on this matter, more than anything else, he was admonishing us and urging us about love and peace.
Matthew 6:21. Matthew 5: 40, 39. 25 Romans 12:19. 26 Luke 12:33 (paraphrased). 23 24
TEXT AND TRANSLATION
ܐܡܪ .ܕܐܝܟܐ ܓܝܪ ܘܒܗ ܢܗܪܘܓ ܘܢܬܐܣܪ ܪܥܝܢܢ ܐܝܟܢܐ ݂ ܕܗܘ ݂ ̇ ܕܐܝܬܝܗ ̈ ܣܝܡܬܟܘ ݂ܢ .ܬܡܢ ܢܗܘܐ ܐܦ ܠܒܟܘܢ .ܐܘ ܐܝܟܢܐ ܐܪܐ ܠܘ ̇ ̇ ̄ ̇ ܕܐܡܪ .ܕܡܢ ܕܢܣܒ ܟܘܬܝܢܟ ܫܒܘܩ ܠܗ ܐܦ ܘܬ ܗܝ ݂ ܕܠܩܘܒ� ܗܘܝܐ ܗ ̤ ܕܡܚܐ ܠܟ ܥܠ ܦܟܟ ܕܝܡܝܢܐ ܐܦܢܐ ܠܗ ܐܦ ̄ ܘܡܢ ̇ ܡܪܛܘܛܟ̇ . ܐܚܪܢܐ. ̇ ܗܒܘ ܐܬܪܐ ܠܪܘܓܙܐ .ܘܗܝ ܕܙܒܢܘ ܘ� ܬܩܘܡܘܢ ܠܘܩܒܠ ܒܝܫܐ .ܐ� ݂ ܩܢܝܢܟܘܢ ܘܗܒܘ ̈ ̇ ܙܕܩܬܐ ̇ ̈ ܕܢܣܝܡ ܢܡܘܣܐ ܥܠ ܕܝܢܐ ܘܚ�ܝܢܐ ܕܗ ̤ܘܝܢ ܠܗܝ ݂ ̈ ܘܒܢܝܐ � :ܝܢܐ ܒܡܨܥܬܐ .ܘܕܩܢܝܢܐ ܕܓܒܪܐ ܟܕ ܠܝܬ ܠܗ ܐܢ̄ܬܬܐ ܘܕܒܢܬܐ ܩܢܝܢܐ ܕܐܒܘ ̇ ̇ ̈ ̈ ܗܘܢ .ܫܘܝܐܝܬ ܙܕܩ ܘܕܒܢܝܐ ܙܕܩܐ ܝܪܬܘܬܗ. ݂ ̈ ̈ ܠܡܦܠܓܘ .ܐܘ ܒܢܝܐ ܝܬܝܪ ܘܒܢܬܐ ܒܨܝܪ. ݂ ܗܐ ܓܝܪ ܚܙܝܢܢ ܕܐܦ ܒܢܡܘܣܐ ܕܡܘܫܐ ܟܕ ܛܒ ܕܘܒ�ܐ ܐ̈ܪܥܢܝܐ ̈ ̈ ܠܡܩܒܠܢܘܗܝ ܡܫܠܡ ̄ܗ ݂ܘܐ .ܒܪܡ ܨܒܘܬܐ ܕܡܫܦ� ̇ܚܫܒ ̄ܗ ݂ܘܐ ܘܥܠܡܢܝܐ ̇ ̇ ܕܐܝܬܝܗ ܨܒܘܬܐ ܕܕܝܢܐ .ܐ� ܡܢ ̇ ܕܨܒܐ ܠܡܕܥ ܚܬܝܬܐܝܬ : ̇ ܘܡܬ� .ܦܫܝܩ ܠܗ ܕܡܛܠܡܢܐ � ܣܡ ܡܪܢ ܢܡܘܣܐ ܥܠ ܕܝܢܐ ܕܡܣܒܐ ݂ ̇ ̇ ̄ ܕܢܐܠܦܝܗ ܠܗܕܐ ܡܢܗܘܢ ܕܣܘܥ�ܢܐ .ܕܡܪܢ ܘܦܪܘܩܢ � ܗ ݂ܘܐ ܥܠ ܦܘ̈ܪܣܐ ̈ ̈ ܘܩܢܝܢܐ ܒܛܝܠ ̄ܗ ݂ܘܐ ݂ܠܗ .ܐ� ܕܓܡܝܪܘܬܐ ܕܙܕܝܩܘܬܐ ܕܢܟܣܐ ̇ ̈ ܠܒܢܝܢܫܐ .ܘܕܟܠܗ ܛܠܘܡܝܐ ܘܥܘܠܒܢܐ ܘܚܪܝܢܐ ܘܕܕܘܒ�ܐ ܫܪܝ�ܐ ܢܠܦ ܘܕܓܠܘܬܐ ܘܐܝܠܝܢ ̈ ̈ ܕܕܡܝܢ ܠܗܠܝܢ :ܢܛܪܘܕ ܘܢܦܠܗܕ ݂ܡܢ ܒܝܬ ܒܢܝܢܫܐ. ܘܡܛܠ ܕܡܦܣ ̄ܗ ݂ܘܐ ] [F.14vܒܝܕܥܬܐ ܡܩܕܡܬܐ ܕܐܠܗܘܬܗ :ܕܐܢ ܒܐܢܫ̇ . ܚܘܒܐ ܣܟ ܢܫܬܟܚ ̄ ̇ ܟܠܗ ܣܦܩ ܠܡܫܪܐ ܘܠܡܛܪܕ ܡܢ ܡܨܥܬܐ ܣܢܐܬܐ ܘܛܠܘܡܝܐ ܘܕܓܠܘܬܐ ܥܠ ܗܕܐ ܝܬܝܪ ܡܢ ܟܠܡܕܡ ܥܠ ܚܘܒܐ ܘܫܠܡܐ ܡܪܬܐ ܘܡܙܗܪ ܠܢ.
22 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR He knew that it (=love) was for us in lieu of salt with which the whole foulness of sin is purged from our souls. and cleanses the person from the defilement of passions and wicked desires to be suitable for the Lord’s use and to be ready for every good deed. He was aware that after the completion of His economy in flesh and His ascension to heaven, those who believed in Him would remain in this world for a long time. And He knew it was impossible, while we are mortal and behave like humans, for our conduct to be without stumbles, entanglements, and intense troubles. Therefore, to rectify and regulate the course of our earthly life, He sanctioned and placed in His Gospel wonderful laws and suitable instruction that are fit for and which do not deter us from heavenly conduct on earth, but rather help us and benefit us.
These (rules) do not fit the mass of people, but are appropriate for the church leaders to whom (our Lord) entrusted their applications, just as He said: If your brother sins against you, go and rebuke him between you and him alone, 27 along with other similar sayings. But although it says rebuke any person within the community wherever he is situated, without any distinction, what comes after, let him be to you as a tax collector and a Gentile, 28 is said about the leader of the church. (Our Lord) entrusted to him that guidance, because He knew that such an (admonition) does not only merely deter from heavenly conduct, but mainly teaches about the perfection of righteousness.
Matthew 18:15. Matthew 18:17.
TEXT AND TRANSLATION
ܕܗܘ ܐܝܬܘܗܝ ܠܢ ܒܕܘܟܬ ܡܠܚܐ :ܕܒܗ ܡܬܢܦܨܐ ܐܟܡܐ ̇ܕܝܕܥ ̄ܗ ݂ܘܐ ̤ ̇ ̈ ܟܠܗ ܣܪܝܘܬܐ ܕܚܛܝܬܐ ݂ܡܢ ܢܦܫܬܢ> .ܘܡܬܕܟܐ< 29ܘܡܬܡܪܩ ܒܪܢܫܐ ݂ܡܢ ̇ ̇ ̈ ܕܗܘܐ ܥܗܢ ܟܠܗ ܨܐܘܬܐ ܕܚܫܐ ܘ̈ܪܓܝܓܬܐ ܫܟܝ�ܬܐ ܡܣܬ ݂ ܠܚܘܫܚܐ ܕܡܪܗ .ܘܡܛܝܒ ܠܟܠ ܥܒܕ ܛܒ .ܘܡܛܠ ܕܡܦܣ ̄ܗ ݂ܘܐ ܕܒܬܪ ̈ ܫܘܡܠܝܐ ܕܡܕܒܪܢܘܬܗ ܕܒܒܣܪ ܘܡܣܩܬܗ ܕܠܫܡܝܐ 30ܙܒܢܐ ܢܓܝܪܐ ̄ ̇ ܡܫܬܒܩܝܢ ܠܡܕܝܪܘ ܒܥܠܡܐ ܗܢܐ ܐܝܠܝܢ ܕܡܗܝܡܢܝܢ ܒܗ .ܘܝܕܥ ܗ ݂ܘܐ ܕ� ̈ ܕܡܝܘܬܐ ܐܝܬܝܢ ̄ ܘܐܢܫܐܝܬ ܡܬܗܦܟܝܢܢ ܕܕ� ܬܘܩܠܬܐ ܡܨܝܐ ܕܟܡܐ ̈ ̇ ܣܒܝܣܐ ܗܘܐ ܕܘܒܪܐ ̈ ̈ ܕܚܝܝܢ ܕܥܠ ܐܪܥܐ .ܒܕܓܘܢ ܘܢܘܬܦܐ ܘܥܘܪܙ� ̈ ̈ ̈ ̈ ܥܠ ܐܝܠܝܢ ܕܡܬ̈ܪܨܢ ܘܡܛܟܣܢ ܪܗܛܐ ܕܚܝܝܢ ܕܬܢܢ .ܢܡܘܣܐ ܬܡܝܗܐ ̈ ܫܡܝܢܐ .ܐ� ܘܡܠܦܢܘܬܐ ܕܠܚܡܐ ܘ� ܡܥܘܟܐ ܠܢ ݂ܡܢ ܕܘܒ�ܐ ܕܠܩܘܒ� ܘܣܓܝ ܡܥܕܪܐ ܘܡܘܬܪܐ ܠܢ :ܬܚܡ ܘܣܡ ܒܣܒܪܬܗ ܗܠܝܢ ܕ� ̄ܗ ݂ܘܐ ܠܩܘܛܢܐ ̈ ܠܚܡܢ ܐ� ܝܬܝܪܐܝܬ ܠܡܕܒ�ܢܐ ܕܥܕܬܐ ̈ ̇ ̈ ܕܐܡܪ ܕܐܢ ܥܗܢܢ .ܘܠܗܘܢ ܡܓܥܠ ܦܘܪܢܣܗܝܢ .ܐܝܟ ܗܝ ܠܚܡܢ .ܐܘ ݂ ̄ ܢܣܟܠ ܒܟ ܐܚܘܟ ܐܟܣܝܗܝ ܒܝܢܝܟ ܘܠܗ ܒܠܚܘܕ ܥܡ ܫܪܟܐ ܕܐܚ�ܢܝܬܐ ̈ ܓܘܐ. ܕܐܡܪ ܕܐܟܣܝܗܝ ܠܚܕ ܦܪܨܘܦܐ ݂ܕܡܢ ܕܕܡܝܢ ܠܗܕܐ .ܟܕ ܛܒ ̇ܗܝ ݂ ݂ ̇ ̇ ܕܗܘ ܣܝܡܐ .ܟܕ � ܡܦܪܫܐ ܒܪܡ ܗܝ ܕܒܬܪܗ .ܕܢܗܘܐ ܠܟ ܐܝܟ ܐܝܢܐ ̤ ̈ ܘܒܐܝܕܘܗܝ ܡܓܥܠ ܐܡܝܪܐ. ܚܢܦܐ .ܠܡܕܒܪܢܐ ܕܥܕܬܐ ܡܟܣܐ ܘܐܝܟ ݂ ݂ ̇ ܬܘܪܨܗ .ܡܛܠ ̇ܕܝܕܥ ̄ܗ ݂ܘܐ ܕܗܕܐ ܠܘ ܒܠܚܘܕ � ܡܥܘܟܐ ܠܕܘܒܪܐ ܫܡܝܢܐ .ܐ� ܝܬܝܪܐܝܬ ܓܡܝܪܘܬܐ ܕܙܕܝܩܘܬܐ ܡܠܦܐ.
. The passive is needed for the context.ܘܡܕܟܐ Ms.: .ܕܠـŧܫܡܝܐ Ms.:
24 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR It seemed unfitting to (our Lord) to deliver to the followers of His holy teaching [F. 15r] written law codes concerning questions of possession and disputes about mundane owning, debated and disputed among people, namely how one ought to decisively manage such lawsuits. This is not to contradict His teaching with His own person and with His Paschite economy, for He always taught us to reject the love of visible things, and to bring our attention to heavenly things, to direct it and set it in the heart of His perfect teaching full of life. Matters related to disputes, lawsuits, and property of husband and wife, of brother and sister, and of son and daughter do not fit in any way that admirable and divine teaching and the greatness of the world hereafter about which our Lord taught us. (His teaching) releases us from sicknesses, passions, lusts, desires, necessities, and vexations of this perishable world. Our Lord shouted, saying: Repent, the kingdom of heaven is approaching. 31 Into what scorn and deficiency would the teaching of our Lord fall He would (also) say: If a man dies, having no wife and children, his property should be given to his brothers and sisters, or to his elder brother? Or how would this be possible: Do not take any gold or silver, 32 with: a brother’s property—if he has a mother, the inheritance should go to the mother and not to his brother? The wise and discerning can easily understand on the basis of that it would draw no small insult and scorn to the laws of our Lord, if He ever and in any way concerned Himself with worldly lawsuits. Concerning this matter, anyone who wishes can draw from the Gospels ample evidence to discuss and compare between them as much as he wants.
Matthew 3:2. Matthew 10:9.
TEXT AND TRANSLATION
̈ ܨܒܘܬܐ ̈ ̈ ܕܢܟܣܐ :ܘܒܚ�ܝܢܐ ܕܥܠ ܩܢܝܢܐ ܥܠܡܢܝܐ▱ . ܕܝܢܐ ܕܝܢ ܕܥܠ ̇ ̈ ܢܫܐ .ܕܐܝܟܢܐ ܙܕܩ ܕܢܬܦܪܢܣܘܢ ܡܬܬܙܝܥܝܢ ܘܡܣܬܩܒܠܝܢ ܒܝܬ ܒܢܝ ݂ ܒܟܬܝܒܬܐ ] [F.15rܠܒܢܝ̈ ̈ ܐܬܚܙܝܬ ܠܗ ܕܦܐܝܐ :ܠܡܫܠܡܘ ܘܢܫܬܪܘ ݂ܢ� . ̤ ̄ ̇ 33 ܐܪܙܐ ܕܝܘܠܦܢܗ .ܕ� ܬܗܘܐ ܡܟܐ ܡܠܦܢܘܬܗ ܕܠܩܘܒ� ܠܩܢܘܡܗ . ̄ ܘܠܚܫܐ ܕܡܕܒܪܢܘܬܗ .ܕܟܕ ܒܟܠܙܒܢ ܡܠܦ ܗ ݂ܘܐ ܠܢ ܕܢܓܝܠ ܘܢܫܕܐ ܡܢܢ ̈ ̈ ܕܒܫܡܝܐ ܢܩܬ ܚܘܪܐ ܕܢܦܫܢ ܕܡܬܚܙܝܢ .ܘܒܠܚܘܕ ܠܘܬ ̇ܗܢܝܢ ܪܚܡܬܐ ܕܗܠܝܢ ̈ ̈ ܘܡܠܝܬ ܚܝܐ :ܡ� ܕܥܠ ܒܡܨܥܬ ܡܠܦܢܘܬܗ ܓܡܝܪܬܐ ܢܗܦܘܟ ܢܣܝܡ ̤ ̤ ܚ�ܝܢܐ ̈ ܘܕܝܢܐ ܕܩܢܝܢܐ ܕܓܒܪܐ ܘܐܢ̄ܬܬܐ .ܘܐܚܐ ܘܚܬܐ ܘܒܪܐ ܘܒܪܬܐ ̈ ̇ ̄ ܗܠܝܢ ܕ� ̈ ܠܚܡܢ ܗܘܝ ܒܚܕ ܡܢ ̈ ܙܢܝܢ ܠܗܝ ܡܠܦܢܘܬܐ ܬܡܝܗܬܐ ̇ ܦܪܘܩܢ. ܗܘ ܘܐܠܗܝܬܐ .ܘܠܪܒܘܬܐ ܕܗܘ ܥܠܡܐ ܕܥܬܝܕ ܕܥܠܘܗܝ ܐܠܦܢ ̤ ݂ ܕܡܚܪܪ ܘܡܓܗܝ ݂ܡܢ ̈ ̈ ܘܚܫܐ ܘ̈ܪܓܝܓܬܐ .ܘܣܢܝܩܘܬܐ ܘܫܚܩܐ ܟܐܒܐ ܕܗܢܐ ܥܠܡܐ ܡܫܬܪܝܢܐ .ܐܦ ܓܝܪ �ܝܕܐ ܐܪܐ ܫܝܛܘܬܐ ܘܒܨܝܪܘܬܐ ܩܪܒܬ ܘܐܡܪ .ܕܬܘܒܘ ܕܩܥܐ ܘܬ ܡܠܦܢܘܬܗ ܕܡܪܢ̇ .ܗܘ ݂ ݂ ̤ ܡܬܬܚܬܝܐ ̄ 34ܗ ̤ ̇ ̄ ̇ ܠܗ ܡܠܟܘܬܐ 35ܕܫܡܝܐ >ܐܠܘ< 36ܗܕܐ ܐܡܪ ܗ ݂ܘܐ .ܕܓܒܪܐ ܟܕ ܢܡܘܬ ̈ ̈ ̈ ̄ ܘܐܢܬܬܐ ܘܒܢܝܐ ܠܝܬ ܠܗ .ܢܬܝܗܒ ܩܢܝܢܗ �ܚܘܗܝ ܘ�ܚܘܬܗ .ܐܘ ܗܘܐ ܐܬܪܐ ̇ ܠܗܝ ܕ� ܬܩܢܘܢ ܗܘܐ ݂ �ܚܘܗܝ ܩܫܝܫܐ .ܐܘ ܐܝܟܐ ܟܝ ݂ ܕܗܒܐ ܘ� ܣܐܡܐ :ܥܡ ̇ܗܝ ܕܩܢܝܢܐ ܕܐܚܐ ܟܕ ܐܝܬ ܠܗ ܐܡܐ �ܡܐ ̈ ܠܚܟܝܡܐ ܘܦ�ܘܫܐ ܙܕܩܐ ܝܪܬܘܬܐ .ܘ� ̄ܗ ݂ܘܐ �ܚܘܗܝ .ܕܠܝ� ̄ܗ݂ܝ ܓܝܪ ܠܡܣܬܟܠܘ ݂ܡܢ ܗܠܝܢ >ܕܐܡܪܢܢ< 37ܕܨܥܪܐ ܘܫܝܛܘܬܐ ܕ� ܒܙܥܘܪ. ̈ ܐܣܬܥܪܬ ܢܡܘܣܘܗܝ ܕܡܪܢ .ܐܠܘ ܠܓܡܪ ܘܬ ܗܕܐ ܒܬܪ ̤ ܡܪܗܛܐ ̄ܗ ̤ ̈ ̈ ܡܢܗ .ܒܚܕ ܡܢ ̈ ܣܒܝܣܬܐ ܐܝܬ ܠܗ ܬܚܘܝܬܐ ܫܪܒܐ. ܙܢܝܢ .ܐ� ܥܠ ܗܢܐ ݂ ̇ ܠܡܢ ̇ ܕܨܒܐ ܠܡܣܒ ݂ܡܢ ܟܬܒܐ ܕܐܘܢܓܠܝܘܢ .ܘܠܡܐܡܪ ܘܠܡܦܚܡܘ ܟܡܐ ̇ ̈ ̈ ܡܬܝܚܬܐ. ܕܒܥܐ ܒܡ�
!The pronominal suffix should be masculine not feminine Missed first tāw is inserted above the mīm. 35 A letter between lamad and kōf is deleted. .ܐ� 36 Ms.: .ܕܐܡܪܝܢ 37 Ms.: 33 34
26 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR It seems to me that these statements that , even if short, are enough, not only to not lengthen the account, but also because I know that , after reading most of , is able to easily understand (even) the things that are not written here.
CHAPTER TWO: WHY DO WE NOT PRACTICE LAW ON THE BASIS OF MOSAIC LAW?
Your Reverence asked: Why do we not practice law based on the Law of Moses? [F. 15v] It is easy to learn from the following.
The whole goal of that law was this: to guide people toward the expectation of the advent of Christ. Many laws and regulations are placed and confirmed in it, not suitable to all the nations and times, but are rather only needed for that (biblical) time and for that (Jewish) nation. If one believes that it is not the way I said it, and understand this: How could this be uprightly done by God, that, leaving all the world’s nations, but one to care for, giving them laws and regulations with which they would be accustomed, while the rest (of nations), He would not teach nor give even one regulation about matters of property? If laws and regulations were suitable to all of humanity, they would be and delivered for it. Clearly, if laws and regulations are placed into the hands of the blessed Moses and confirmed (by God), these were required for the whole world and for all times. He would have delivered them to and confirmed them for humanity from the beginning.
TEXT AND TRANSLATION
̈ ܣܦܩܢ ܐܦܢ ܙܥܘܪܝܐܝܬ >ܐܬܐܡ�ܝ< ̄ � .38ܗ ݂ܘܐ ܠܝ ܕܝܢ ܡܬܚܙܝܐ ܕܗܠܝܢ ܒܠܚܘܕ ܐܝܟ ܕ� ܢܐܪܟ ܫܪܒܐ ܐ� ܕܟܕ ܡܦܣ ̄ ܐܢܐ ܕܣܦܩܐ ܗܝ̄ ݂ >ܚܟܡܬܟ< .39ܕܟܕ ̇ ܫܩܠ ܡܠܘܐܐ ݂ܡܢ ܗܠܝܢ >ܕܐܬܐܡ�ܝ< 40ܕܠܝ�ܝܬ. ܕܠܝ�ܝܬ ܡܕܪܟ ܐܢ̄ܬ �ܝܠܝܢ ܕ� ܪܫܝܡܝܢ ܬܢܢ. ┐ܪܫܐ ܕܬܪܝܢ܀ ܘܡܛܠ ܡܢܐ ݂ܡܢ ܢܡܘܣܐ ܕܡܘܫܐ � ܥܒܕܝܢܢ ̈ ܕܝܢܐ41 . ̇ ܢܝܢܢ. ̇ܗܝ ܗܟܝܠ ̤ ܕܫܐܠܬ ܚܣܝܘܬܟ :ܕܡܛܠܡܢܐ ݂ܡܢ ܢܡܘܣܐ ܕܡܘܫܐ � ܕܝ ݂ ̇ ܕܢܐܠܦܝܗ ݂ܡܢ ܗܠܝܢ. ] [F.15vܦܫܝܩܐ ̄ܗ݂ܝ ܠܢ ܟܠܗ ܓܝܪ ܢܝܫܐ ̇ ܕܗܘ ܢܡܘܣܐ ܗܢܐ ܗܘܐ .ܕܢܫܒܠ >ܘܢܪܬܐܐ< 42 ̈ ̈ ̈ ܘܦܘܩܕܢܐ ܘܢܡܘܣܐ ܠܒܢܝܢܫܐ ܠܘܬ ܣܘܟܝܐ ܕܡܐܬܝܬܗ ܕܡܫܝܚܐ. ̄ ̄ ̈ ̈ ܠܒܢܝܢܫܐ ܟܠܗܘܢ ܣܓܝܐܐ ܣܝܡܝܢ ܘܡܬܚܡܝܢ ܗ ݂ܘܘ ܒܗ .ܕ� ܗ ݂ܘܐ ̇ ̇ ̄ ̄ ܘܒܟܠܙܒܢ ܥܗܢܝܢ ܗ ݂ܘܘ .ܐ� ܒܠܚܘܕ ܒܗܘ ܙܒܢܐ ܘܠܗܘ ܥܡܐ ܚܫܚܝܢ ܗ ݂ܘܘ. ܘܐܢ ̄ ̇ ܐܝܬܝܗ ܐܟܡܐ ܕܐܡܪܬ> .ܢܕܥ< 43 ܐܢܫ ܡܣܒܪ ܕܠܘ ܗܟܢܐ ̇ ̄ ܘܬ ݂ܡܢ ܐܠܗܐ : ܘܢܣܬܟܠ ܕܗ ̤ܝ ܗܕܐ ܐܝܟܢܐ ܒܙܕܩܐ ܡܣܬܥܪܐ ܗ ̤ ܕܠܟܠܗܘܢ ̈ ܒܢܝܢܫܐ ܕܒܥܠܡܐ ܢܫܒܘܩ :ܘܠܚܕ ܥܡܐ ܒܠܚܘܕ >ܢܓܒܐ< 44 ̈ ̈ 45 ܘܕܝܠܗ ܢܐܨܦ .ܘܢܡܘܣܐ ܘܕܝܢܐ ܢܬܠ >ܠܗ< .ܕܒܗܘܢ ܢܬܒܝܬܐ. ̈ ܨܒܘܬܐ ܕܩܢܝܢܐ ܢܠܦ ܘܢܫܠܡ .ܕ46 ܘܠܕܫܪܟܐ ܐܦ� ܕܝܢܐ ܕܥܠ ܐܢܗܘ ̤ ̈ ̈ ܘܦܘܩܕܢܐ ܕܠܗܘܢ ܢܡܘܣܐ ܕܠܟܠܗ ܓܘܐ ܥܗܢܝܢ ̄ܗ ݂ܘܘ .ܡܬܒܥܝܢ ̈ ܢܡܘܣܐ ̈ >ܐܬܬܚܡܘ< 47 ܘܕܝܢܐ 48ܕܣܡ ܘܐܫܬܠܡܘ ܒܗ .ܕܓܠܝܐ ܕܐܠܘ ̤ ̈ ̄ ܒܐܝܕܝ ܛܘܒܢܐ ܡܘܫܐ ܠܟܠܗ ܥܠܡܐ ܘܒܟܠܙܒܢ ܡܬܒܥܝܢ ܗ ݂ܘܘ ܡܢܗ ܘܬܚܡ ܕܫܘܪܝܐ ܠܟܠܗ ܓܘܐ ܡܫܠܡ ܘܡܬܚܡ ̄ܗ ݂ܘܐ ܠܗܘܢ. .ܐܬܐܡܪ Ms.: . The emendation is palaeographically justified: kōfܚܘܒܬܟ Ms.: was confused with wāw and mīm with bēt. .ܕܐܬܐܡܪ 40 Ms.: 41 Written in red. , although this spelling is also possible.ܘܢܪܬܐ 42 Ms.: .ܝܕܥ 43 Ms.: .ܕܢܓܒܐ 44 Ms.: ̇ .ܠܗ 45 Ms.: 46 Ms.: Sic. .ܕܐܬܬܚܡܘ 47 Ms.: 48 Ms.: The conjuction was corrected from the relative dōlat by removing its dot and rounding the letter. Sachau, Syrische Rechtsbücher, p. 219, accepted the original writing. 38 39
28 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR If we indeed diligently consider the Law of Moses and the regulations that are confirmed in it, we would be able to learn that the majority only for the need of the Jews. If you wish, observe the beginning of the laws—laws set before them—written as follows: If you buy a Hebrew servant, he is to serve you for six years, but in the seventh year, he shall go from your place; 49 is this not clearly said on account of the Hebrew?
And it is said about the land, that it must not be sold whatsoever; 50 this does not apply to the whole world nor does it concern every place. Even today’s Jews do not keep this law, because the statement’s goal concerns the Promised Land, which was given by God to the Children of Israel in inheritance, so that this inheritance would not change tribe after tribe, and generation after generation. Many similar statements, clear and well-known, are found in the Book of Moses that are not suitable to the whole world and to all ages. The things that are confirmed in the first Law [F. 16r] were to be observed by that (Hebrew) people, and were needed at that time. The blessed Paul teaches about this very thing, saying: Regulations of the flesh are set until the time of reformation. 51
Exodus 21:1. Leviticus 25:23. 51 Hebrew 9:10. 49 50
TEXT AND TRANSLATION
̈ ܘܒܕܝܢܐ ܟܕ ܛܒ ܐܢ ܚܬܝܬܐܝܬ ܢܬܒܩܐ ܒܗ ܒܢܡܘܣܐ ܕܡܘܫܐ ܒܗ .ܡܨܝܢܢ ܠܡܐܠܦ ܕܐܝܟ ܕܒܣܘܓܐܐ ̇ܗܢܘܢ ܕܡܬܚܡܝܢ ݂ ̄ ̈ ̄ 52 ̇ >ܐܝܬܝܗܘܢ< ܕܒܠܚܘܕ ܠܝܗܘܕܝܐ ܚܫܚܝܢ ܗ ݂ܘܘ .ܘܐܢ ܨܒܐ ܐܢܬ ܒܗ ܕܕܝܢܐ ܐܬܒܩܐ :ܕܟܬܝܒ ܗܟܢܐ .ܗܠܝܢ ܠܡ ̈ ܒܫܘܪܝܐ ̈ ܕܝܢܐ ܕܬܣܝܡ ̈ ܩܕܡܝܗܘܢ .ܟܕ ܬܙܒܢ ܥܒܕܐ ܥܒܪܝܐ ܫܬ ܫܢܝܢ ܢܦܠܚܟ .ܘܒܕܫܒܥ ܢܦܘܩ >ܒܪ< 53ܚܐ̈ܪܐ ݂ܡܢ ܠܘܬܟ � .ܗܐ ܓܠܝܐ ܕܡܛܠ ܥܒܪܝܐ ܐܡܝܪܐ ܗܕܐ. ̇ ܥܠܝܗ ܕܐܪܥܐ ܐܡܝܪ .ܕܚܬܝܬܐܝܬ � ܬܙܒܢ ܠܥܠܡ .ܗܕܐ ܐ� ܕܝܢ ܘܐܦ
ܐܚܝܕܐ ܘܪܕܝܐ ܒܟܠ ܐܬܪ .ܐ� ܐܦ� ܕܐܪܦܐ ܟܝܬ ܕܒܥܠܡܐ ܟܠܗ � ݂ ̈ ̄ ܝܗܘܕܝܐ ܝܘܡܢܐ ܢܛܪܝܢ ܠܗ .ܡܛܠ ܕܢܝܫܐ ܕܡܠܬܐ ܝܕܝܥ ܗ ݂ܘ ܕܥܠ ܗܢܘܢ ̈ ܠܒܢܝ ܝܣܪܝܠ ܐܪܥܐ ܕܡܘܠܟܢܐ ܐܡܝܪ̇ .ܗܝ ܕܒܝܪܬܘܬܐ ݂ܕܡܢ ܐܠܗܐ ܘܡܢ ܫܪܒܬܐ ܐܬܝܗܒܬ .ܕ� ܬܫܢܐ ܝܪܬܘܬܐ ݂ܡܢ ܫܒܛܐ ܠܫܒܛܐ ݂ ̤ ̈ ̈ ܘܣܓܝܐܬܐ ܕܐܝܟ ܗܠܝܢ ܐܝܬ ܒܟܬܒܐ ܕܡܘܫܐ .ܕܓܠܝܢ ܠܫܪܒܬܐ : ܘܝܕܝܥܢ .ܕ� ̄ܗ ݂ܘܐ ܠܟܠܗ ܥܠܡܐ ܘܒܟܠܙܒܢ ̈ ̈ ܥܗܢܢ ̄ܗ ̈ܘܝ ܠܡܣܬܥܪܘ ̇ܗܢܝܢ ̈ ܡܬܚܡܢ ̄ܗܘܝ ̇ : ܕܒܢܡܘܣܐ ܩܕܡܝܐ ̇ ̈ ̈ ܚܫܚܢ ܘܒܗܘ ܙܒܢܐ ܠܗܘ ܥܡܐ ][F.16r ̈ ̇ ̇ ̇ ̈ ܘܗܝ ܗܕܐ ܛܘܒܢܐ ܦܘܠܘܣ ܡܠܦ ܥܠܝܗ ܟܕ ܐܡܪ ܕܦܘܩܕܢܐ ܐܢܘܢ ̄ܗܘܝ̤ . ܠܡ ܕܒܣܪܐ ܕܣܝܡܝܢ ܠܙܒܢܐ ܕܬܘܪܨܐ.
.ܕܐܝܬܝܗܘܢ Ms.: .ܒܪܐ Ms.:
30 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR On this account, we cannot find evidence in Mosaic Law to use on every court matter, to readily give judgment according to what is commanded and confirmed there. Nor is everything that occurs in court written expressly in it; while there are just a few cases, there are others that had not been recorded. But we cannot apply even those cases that are mentioned in the Law, in light of what is said there. For if we are required to judge and sanction according to the Law of Moses, we ought to do this before everything: He who sells his house, he shall also return to it after fifty years; 54 this is commanded by the Law! Thus, we are unaccustomed to practice law on the basis of the Law of Moses. The details in this essay are enough, considering your full and competent knowledge.
(CHAPTER THREE): 55 CONCERNING THE ORIGINS OF PAST AND PRESENT LAWS PRACTICED IN THE CHURCH
You wrote to me: The laws that were practiced in the Church, and that are practiced today, from where do they derive? This is what I think:
See Leviticus 25:13, 31. The title is not in the text but is necessary. In this long discussion about the origins of the legal system in the Church of the East, as well as in the list of legal questions, except for §11 and §18, the author does not refer to the Syriac ecclesiastical synods; these discuss a variety of legal cases throughout several centuries; see also Sachau, Syrische Rechtsbücher, p. 348. 54 55
TEXT AND TRANSLATION
ܘܡܛܠܗܕܐ � ̄ܗ ݂ܘܐ ܒܟܠ ܨܒܘ ܟܕ ܡܛܐ ܕܝܢܐ ܡܫܟܚܝܢ ܚܢܢ ܠܡܣܒ ܬܚܘܝܬܐ ݂ܡܢ ܢܡܘܣܐ ܕܡܘܫܐ .ܘܠܡܦܣܩ ܕܠܝ�ܝܬ ܐܟܡܐ ܕܬܡܢ ܦܩܝܕ ܘܡܬܚܡ̇ . ܒܗܝ ܕܐܦ� ܥܠ ܟܠܡܕܡ ̇ ܕܡܛܐ ܒܨܒܘܬܐ ̈ ܕܕܝܢܐ ܝܕܝܥܐܝܬ ܟܬܝܒ ܒܗ .ܐ� ܥܠ ܫ�ܒܐ ܙܥܘ̈ܪܐ ܒܠܚܘܕ .ܘܫܒܘܩ ܟܝܬ ̇ ܕܗܢܘܢ ܕ� ܟܬܝܒܝܢ .ܐ� ܐܦ ̇ܗܢܘܢ ܕܟܬܝܒܝܢ ܒܗ ܒܢܡܘܣܐ ܡܨܝܢܢ ܕܠܦܘܬ ܡܐ ܕܦܩܝܕ ܬܡܢ ܥܒܕܝܢܢ̇ . ܒܗܝ ܕܐܢ ܐܝܟ ܢܡܘܣܐ ܕܡܘܫܐ ܡܬܒܥܐ ܒܗ 56 ̄ܗ ݂ܘܐ ܠܢ ܠܡܕܢ ܘܠܡܦܣܩ ܩܕܡ ܟܠܗܝܢ ܗܕܐ ܥܒܕܝܢ ̄ܗ ݂ܘܝܢ .ܕܐܝܢܐ ܕܡܙܒܢ ܒܝܬܗ ܒܬܪ ܚܡܫܝܢ ̈ ܫܢܝܢ ܬܘܒ ܢܬܦܢܐ ܠܗ .ܐܝܟ ܕܐܦ ܒܢܡܘܣܐ ܦܩܝܕ. ܕܡܘܫܐ .ܠܝܬ ܠܢ ܥܝܕܐ ܠܡܥܒܕ ܕܝܢܐ .ܘܗܠܝܢ ܕܥܠ ܒܕܓܘܢ ݂ܡܢ ܢܡܘܣܐ ݂ ̈ ܣܦܩܢ .ܐܝܟ ܕܠܡܠܘܐܐ ܕܝܕܥܬܟ ܡܗܝܪܬܐ. ܗܢܐ ܫܪܒܐ ┐ܥܠ ̇ܗܝ ܕܡܢ ܐܝܟܐ ܪܕܘ ̇ ܘܪܕܝܢ ̈ ܕܝܢܐ ܕܝܘܡܢܐ ܒܥܕܬܐ ܡܫܬܡܫܝܢ. 57 ݂ ܕܕܝܢܐ ܟܝܬ ܕܝܘܡܢܐ ܒܥܕܬܐ ܪܕܘ .ܘܗܐ ̇ ܕܟܬܒܬ ݂ܠܝ ̈ : ܪܕܝܢ ݂ܡܢ ܥܠ ̇ܗܝ ݂ ܐܝܟܐ ܡܬܝܒܠܝܢ .ܗܟܢܐ ܡܣܬܒܪܐ ݂ܠܝ :
The deleted phrase is not entirely decipherable. Written in red.
32 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Clearly, even in the Law of Moses, not cases are recorded only a few of them. Among statements (found) here and there in the Book (of Moses) concerning truth and justice, some are written metaphorically and symbolically. Now when we compare and contrast between them, we find many cases that we can understand whenever we reach court issues. Now we say diligently that although (all) the issues are not clearly documented in the Scriptures, we can form judgements about numerous cases, by comparing between them and matching the scriptural statements in every detail.
We also say that the pagans, although they do many things wrongly and unduly, derive all their judgments and sanctions from the Law [F. 16v] of Moses. Some their counterparts from the statements of Greek philosophers, but even these philosophers drew matters and materials from the Law of Moses. A relevant example which confirms what I have said is this: Until now, not person understands clearly what is called in their (Greek) language ‘Archetype,’ through which, as they claim, truth can be ascertained from falsehood.
TEXT AND TRANSLATION
̈ ̈ ܟܬܝܒܢ. ܕܣܓܝܐܬܐ< 58ܕܐܦ ܒܢܡܘܣܐ ܕܡܘܫܐ ܕ 59ܢܗܝܪܐܝܬ � > ̈ ܘܡܢ ܡ� ܕܒܟܬܒܐ ܒܕܘܟ ܕܘܟ ܥܠ >ܐ�< ݂ 60ܕܡܢ ܙܥܘ̈ܪܝܬܐ ݂ ܕ̈ܪܫܝܡܢ݂ . ̈ܪܫܝܡܢ. ܫܪܪܐ ܘܕܝܢܐ ܐܡܝ�ܢ> .ܐܦܢ< 61ܐܝܬ ܕܡܕܡܝܢܐܝܬ ܘܪܡܙܢܐܝܬ ݂ ܒܪܡ ܟܕ ܡܦܚܡܝܢܢ ܘܡܕܡܝܢܢ ܠܗܝܢ ܥܡ ̈ ܚܕܕܐ .ܡܢܗܝܢ ܕܗܠܝܢ ܡܨܝܢܢ ̇ ̈ ̈ ܣܓܝܐܬܐ .ܗܕܐ ܕܡܐ ܕܡܛܝܢܢ ܠܫܪܒܐ ܕܕܝ ݂ܢܐ .ܗܝܕܝܢ ܠܡܕܪܟܘ ܘܠܡܫܟܚܘ ̇ ܗܘܐ ܢܗܝܪܐܝܬ ܥܠܝܗܝܢ ܐܡܪܝܢܢ ܥܠܝܗ ܚܬܝܬܐܝܬ .ܕܐܝܟܢܐ ܟܕ � ̤ ̈ ܣܓܝܐܬܐ ̇ ̈ ̈ ܕܡ ̈ ̈ ܛܝܢ ̄ܚܢܢ ܒܨܒܘܬܐ ܒܟܬܒܐ .ܒܪܡ ܟܬܝܒ ܕܨܒܘܬܐ ݂ ̈ ̈ ܦܣܩܝܢܢ ̈ ܘܫܠܡܝܢܢ ܠܡ� ܕܟܬܒܐ ܒܟܠܡܕܡ. ܡܦܚܡܝܢܢ ܕܝܢܐ .ܟܕ ݂ ݂ ݂ ̈ ̈ ܟܕ ܐܦ ܗܕܐ ܐܡܪܝܢܢ݂ .ܕܗܢܘܢ ܚܢܦܐ ܐܦ ܣܓܝܐܬܐ ܗܦܟܐܝܬ ܘܠܒܪ ̈ ̈ ܘܦܣܩܝܗܘܢ ݂ܡܢ ܢܡܘܣܐ ܕܝܢܝܗܘܢ ݂ܡܢ ܘܠܝܬܐ ܣܥܪܝܢ .ܐ� ܟܠܗܘܢ ̈ ] [F.16vܕܡܘܫܐ .ܐ� ܟܠܗܘܢ 62ܫܩܝܠܝܢ ܠܗܘܢ .ܘܐܦܢ ܐܝܬ ݂ܕܡܢ ܡ� ̈ ̈ ̈ ܝܘܢܝܐ >ܢܣܒܝܢ< 64 ܛܘܦܣܝܗܝܢ .ܐ� ܐܦ ݂ܗܢܘܢ ܕܦܝܠܘܣܘܦܐ 63ܕܒܝܬ ̈ ܫܩܠܘ .ܘܚܕܐ ̇ ܕܣܓܝ ܦܝܠܣܘܦܐ ܥܠܬܐ ܘܡܠܘܐܐ ݂ܡܢ ܢܡܘܣܗ ܕܡܘܫܐ ݂ ̇ ܕܐܡܪܬ ܐܝܬܝܗ ܗܕܐ .ܕܥܕܡܐ ܠܗܫܐ ܠܘ ܕܡܝܐ ܘܡܫܪܪܐ ܠܗܠܝܢ ݂ >ܟܠ< ̄ 65 ̇ 66 ܐܢܫ ܕܠܝ�ܝܬ ܡܣܬܟܠ ܒܗ :ܕܗܢܐ ܕܩܪܝܢ ܠܗ ݂ܗܢܘܢ 67 ܒܠܫܢܗܘܢ ܪܫܬܘܦܣ ܐܝܬ ܕܒܗ ܟܐܡܬ ܡܬܒܚܪ ܐܝܟ ܡܠܬܗܘܢ ܫܪܪܐ ݂ܡܢ ܕܓܠܘܬܐ. ̈ .ܕܣܓܝܐܐ Ms.: Ms.: Sic. 60 Necessary addition. .ܐܦ 61 Ms.: 62 Ms.: Sic. 63 The scribe misses the first wāw but he inserted it between lōmad and semkat; strangely, he did not place this wāw in the second occurrence of the term, a line after. .ܢܣܝܒ 64 Ms.: .ܠܟܠ 65 Ms.: 66 Inserted above the line. , a partial transliteration ofܪܝܫ ܛܘܦܣܐ 67 The hybrid term ought to be the Greek adjective ἀρχέτυποϛ, the noun being ἀρχέτυπον. The term occurs in Dionysius the Areopagite but not in the sense given by Simeon of Rev-Ardashir. On the term in Dionysius see C.E. Rolt, Dionysius the Areopagite: On the Divine Names and the Mystical Theology (London: Macmillan, 1920), p. 72 et passim. 58 59
34 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Preserved in the Prophet Elijah is something quite similar to this, for here there was also dispute and inquiry concerning the fear of God. When the Prophet of God wanted the truth of his God known in comparison with the false idols, he showed the true God, the Lord of all, through an amazing and wonderful . 68
Henceforth, the matter, (philosophers) did their best to imitate and make a ditch, an altar, and other things, in view of duplicating and performing (Elijah’s deed). But because they could not perform the Blessed Elijah’s miracle in bringing down fire, they made fire so that through it they hoped to ascertain truth from falsehood. 69 I said this that we were able to do and examine many things in comparison with legal cases in the Law (of Moses).
But today’s Church laws, as practiced, are proceeded and transmitted not by intellectual invention, nor by chance, carelessly and superficially. We received them not as a tradition from simple and deficient people, but from experts famous in prophetic vision, who distinguished truth from falsehood. The tradition, with its introduction and subject matter, was transmitted to us from them. We can demonstrate of this from the divine scriptures, despite the fact that it appears to many that it is new. After the blessed Moses brought the Israelites from Egypt through miracles and with mighty deeds, he judged them for the of forty [F. 17r] years in the desert. According to Scripture, 70 there were sixty thousand 71 on foot.
1 Kings 18. Probable reference to ordeal by fire, an ancient judicial practice, not limited to the Greek culture. 70 Exodus 12:3; Numbers 1:45. 71 Syriac Bible (and other versions): Israelites were “six hundred thousand men on foot;” Exodus 12:37. 68 69
TEXT AND TRANSLATION
ܕܡܝܘܬܐ ܕ� ܒܙܥܘܪ ܩܢܝܐ ܠܘܬ ̇ܗܝ ܕܐܠܝܐ ܢܒܝܐ .ܕܡܛܠ ܕܐܦ ܬܡܢ ܟܕ ܨܒܐ ܢܒܝܗ ܕܐܠܗܐ ܚܪܝܢܐ ܘܥܘܩܒܐ ܥܠ ܕܚܠܬ ܐܠܗܐ ݂ ܗܘܐ .ܟܕ ݂ ̤ ܠܡܫܘܕܥܘ ܫܪܪܐ ܕܐܠܗܗ ݂ܡܢ ܦܚܡܐ ܕܕܓܠܘܬܐ ܕܦܬܟܪܐ ܒܣܘܥܪܢܐ ܡ� ܬܕܡܘܪܬܐ̇ > . ܘܥܒܕܐ< 72ܬܗܝܪܐ ܚܘܝ ܫܪܪܗ ܕܐܠܗܐ ܡܪܟܠ. ̈ ݂ܡܢ ܗܪܟܐ ܓܝܪ > ̈ ܥܠܠܬܐ ܠܡܕܡܝܘ ܟܡܐ ܕܡܫܟܚܝܢ. ܢܣܒܝ< 73ܐܦ ܗܠܝܢ ̄ ܘܚܐܪܝܬܐ ܘܡܕܒܚܐ ܘܫܪܟܐ ܕܐܚ�ܢܝܬܐ ܠܡܦܚܡܘ ܘܠܡܥܒܕ .ܘܡܛܠ ̈ ̇ ܕܢܘܪܐ .ܠܡܥܒܕ ܒܐܝܕܝ ܛܘܒܢܐ ܐܠܝܐ ܒܡܚܬܬܐ ܕܗܘܬ ܕܗܝ ܕܬܕܡܘܪܬܐ ݂ ̤ � ܡܫܟܚܝܢ .ܣܝܡܝܢ ܢܘܪܐ ̇ ܕܒܗ ܣܒܪܝܢ ܕܡܬܒܚܪ ܫܪܪܐ ݂ܡܢ ܕܓܠܘܬܐ. ̈ ̇ ̈ ܗܕܐ ܕܝܢ ܐܡܪܬ >ܠܬܚܘܝܬܐ< ݂ 74ܕܡܢ ܦܚܡܐ ܕܕܝܢܐ ܢܡܘܣ ݂ܝܐ. ̈ ܣܓܝܐܬܐ ܡܨܝܢܢ ܠܡܣܥܪ ܘܠܡܬܒܚܢܘ. ܕܝܢܐ ܕܝܘܡܢܐ ܒܥܕܬܐ ̇ ܒܪܡ ̈ ܘܡܬܝܒܠܝܢ ̄ � :ܗ ݂ܘܐ ܒܕܝܐ ܕܬܪܥܝܬܐ ܪܕܝܢ ݂ ̄ ܐܘ ܐܝܟ ܕܐܬܝܐ ܡܫܟܐܝܬ ܘܛܝܘܦܐܝܬ .ܥܒܕܝܢܢ ܠܗܘܢ .ܘ� ܗ ݂ܘܐ ̈ ̈ ܫܚܝܡܐ ܘܒܨܝ�ܐ ܩܒܠܢܢ ܐܢܘܢ .ܐ� ݂ܡܢ ܕܐܢܫܐ ܡܫܠܡܢܘܬܐ ܐܝܟ ݂ ̈ ܒܚܝ�ܐ ܘܡܫܡܗܐ ܕܒܓܠܝܢܐ ܕܢܒܝܘܬܐ ܐܕܪܟܘ ܫܪܪܐ ݂ܡܢ ܕܓܠܘܬܐ ̈ ܘܒܐܝܕܝܗܘܢ ݂ܪܕܬ ܕܡܬܝܒܠܢܘܬܐ .ܕܗܠܝܢ ܡܢܗܘܢ ܘܫܘܪܝܐ ܘܥܠܬܐ ݂ ̇ ̈ ̈ ܐܠܗܝܐ ܡܨܝܢܢ ܠܡܚܘܝܘ ܟܬܒܐ ܘܪܕܝܐ ܥܕܡܐ ܠܘܬܢ :ܗܕܐ ݂ܕܡܢ ̇ ̄ ̈ ܠܣܓܝܐܐ ܕܚܕܬܐ ܗ ݂ܝ .ܛܘܒܢܐ ܗܟܝܠ >ܫܪܪܗ< .75ܐܦܢ ܡܣܬܒܪܐ ܡܘܫܐ ݂ܡܢ ܒܬܪ ܕܐܦܩܗ ̇ ܠܗܘ ܥܡܐ ܝܣܪܠܝܐ ݂ܡܢ ܡܨܪܝܢ ܒܬܕܡ�ܬܐ ̈ ܫܢܝ ݂ܢ .ܒܡܕܒܪܐ ܘܒܓܒ�ܘܬܐ ܪܘ̈ܪܒܬܐ >ܙܒܢܐ< 76ܕܐܪܒܥܝܢ ][F.17r ̇ ܡܠܬ ܟܬܒܐ ܫܬܐ ܐܠܦܝܢ̈ ܕܐܢ ̄ܗ ݂ܘܐ̇ .ܗܢܘܢ ܕܐܝܟ ܠܗܘܢ ̤ >ܓܒ�ܐ< ̈ 77ܪܓܠܝܐ.
.ܥܒܝܕܐ Ms.: .ܢܣܒ Ms.: .ܠܬܚܘܬܐ 74 Ms.: .ܫܪܪܗ 75 Ms.: ̈ .ܙܒܢܐ 76 Ms.: .ܓܒ�ܝܢ 77 Ms.: 72 73
36 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR After twenty years , the men, not counting women and children, were of the same number; perhaps from this we can even better understand that no minor judges among them were brought forward, (to deal) with the disobedience, crudeness, gluttony, and cruelty of the Israelites during all that forty-year period with such density of population. Not only could they not bind themselves by and interpret the law expressly, they also among themselves, opposed each other with quite a bit of contention and quarrels.
It is easy to learn about this matter from the scriptural account, which says: When Jethro, the father-in-law of Moses, came to him, he saw him seated during the whole day and the people standing before him from the morning to the evening on account of the intensive contentions and quarrels that they had against each other. 78 The blessed Moses did not pass sentences on people according to his mind and as he wished, but according to what he was instructed through divine revelation, as we learn from what his father-in-law asked him: What is this thing that you are sitting alone while the whole people stand above you from morning till evening?79 He answered him fittingly: Because the people come to beg the Lord. Whenever they have a dispute, they come to me, and I made judgement between a man and his brother, and I show them the path of God and his decrees. 80 At this point his father-in-law advised him in wisdom: You will be made by God the people’s teacher. 81
Exodus 18:1, 13. Exodus 18:14. 80 Exodus 18:14–15. 81 Exodus 18:19. 78 79
TEXT AND TRANSLATION
ܗܘܘ ܣܛܪ ݂ܡܢ ̈ ̈ ̈ ܘܛܠܝܐ .ܗܠܝܢ ܢܫܐ ݂ܡܢ ܒܬܪ ܥܣܪܝܢ ܫܢܝܢ >ܘܠܥܠ< ̤ 82 ܗܘܘ .ܘܟܒܪ ܐܦ ܕܝܬܝܪ ݂ܡܢ ܗܪܟܐ ܡܨܝܢܢ ܢ ܢܘ ܕܗ ܢܝܢܐ ܕܒܦܚܡܐ ݂ܕܡ ݂ ̤ ܠܡܣܬܟܠܘ .ܕܥܡ � ܡܬܛܦܝܣܢܘܬܐ ܘܩܘܪܝܝܘܬܐ ܘܝܥܢܘܬܐ ̈ ܫܢܝܢ ܘܛܠܘܡܘܬܐ ܕܝܠܗܘܢ ܕܝܣ�ܠܝܐ ܒܟܠܗ ̇ܗܘ ܙܒܢܐ ܕܐܪܒܥܝܢ ̄ ܕܐܢܫܘܬܐ̄ � .ܗ ݂ܘܐ ̈ ܕܝܢܐ ܙܥܘ̈ܪܐ ܒܝܢܬܗܘܢ ܘܣܒܝܣܘܬܐ ܬܘܒ ̄ ̇ ܡܬܬܙܝܥܝܢ ̄ܗ ݂ܘܘ .ܘܐܦ� ܒܠܚܘܕ ݂ܗܢܘܢ ܡܛܝܢ ܗ ݂ܘܘ ܕܒܢܡܘܣܐ ܩܪܝܚܐܝܬ ܡܬܚܡܝܢ ܘܡܦܪܫܝܢ .ܐ� ̈ ܕܝܢܐ ܘܚ�ܝܢܐ ܕ� ܒܙܥܘܪ ܕܝܢ ܡܣܬܩܒܠܝܢ ̄ܗ ݂ܘܘ ܒܝܢܬܗܘܢ. ̇ ܐܬܐ ܗܕܐ ܕܦܫܝܩܐ ̄ܗ݂ܝ ܠܢ ܕܐܡܪ .ܕܟܕ ݂ ܕܢܐܠܦܝܗ ݂ܡܢ ܬܫܥܝܬܗ ܕܟܬܒܐ ݂ ܝܬܪܘܢ ܚܡܘܗܝ ܕܡܘܫܐ ܠܘܬܗ .ܚܙܝܗܝ ܕܟܠܗ ܝܘܡܐ ܝܬܝܒ .ܘܥܡܐ ܟܠܗ ݂ܡܢ ܨܦܪܐ ܘܥܕܡܐ ܠܪܡܫܐ ̇ܩܝܡܝܢ ̄ܗ ݂ܘܘ ܩܕܡܘܗܝ .ܡܛܠ ܚ�ܝܢܐ ̈ ܘܕܝܢܐ ̈ ̇ ̈ ܗܘ ܛܘܒܢܐ ܡܘܫܐ � ܣܒܝܣܐ ܕܗܘܝܢ ̄ܗ ݂ܘܘ ܠܗܘܢ ܥܡ ܚܕܕܐ .ܟܕ ܐܦ ̤ ̄ ̄ ̄ܗ ݂ܘܐ ݂ܡܢ ܬܪܥܝܬܗ ܘܐܟܡܐ ܕܡܣܒܪ ܗ ݂ܘܐ ܦܣܩ ܗ ݂ܘܐ ̈ ܕܝܢܐ ܕܥܡܐ. ܐ� ܐܟܡܐ ܕܡܬܚܟܡ ̄ܗ ݂ܘܐ ݂ܡܢ ܓܠܝܢܐ ܐܠܗܝܐ .ܐܟܡܐ ܕܝܠܦܢܢ ݂ܡܢ ̇ܗܝ ܕܟܕ ܫܐܠܗ ܚܡܘܗܝ ̇ ܕܡܢܐ ̄ܗ݂ܝ ܗܕܐ ܕܝܬܝܒ ܐܢ̄ܬ ܒܠܚܘܕܝܟ :ܘܟܠܗ ̇ ܥܡܐ ̇ܩܐܡ ܠܥܠ ܡܢܟ ݂ܡܢ ܨܦܪܐ ܥܕܡܐ ܠܪܡܫܐ .ܠܚܡܐܝܬ ܦܢܝ ܠܗ ̇ ܕܐܬܝܢ >ܠܘܬܝ< 83ܥܡܐ ܠܡܫܐܠ ݂ܡܢ ܡܪܝܐ .ܘܟܕ ܗܘܝܐ ܦܬܓܡܐ. ̇ ̄ ̇ ܠܗܘܢ ܡܠܬܐ ܐܬܝܢ ܠܘܬܝ .ܘܥܒܕ ܐܢܐ ݂ܕܝܢܐ ܒܝܬ ܓܒܪܐ �ܚܘܗܝ. ̈ ܘܡܚܘܐ ̄ ܘܕܝܢܘܗܝ .ܕܡܟܐ ܐܦ ܚܡܘܗܝ ܐܢܐ ܠܗܘܢ ܐܘܪܚܗ ܕܐܠܗܐ ̄ ̇ ܡܠܟܗ 84ܚܟܝܡܐܝܬ .ܕܗܘܐ ܐܢܬ ܠܡ ܠܥܡܐ ܡܠܦܢܐ ݂ܡܢ ܐܠܗܐ.
.ܘܠܟܠ Ms.: .ܠܘܬ Ms.: 84 The third letter is darkened, which must have been a mistake, and the kōf is placed above it. 82 83
38 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Based on , it is known that all the legal cases brought before the blessed Moses were beyond his mental power, and he would ask for God’s instruction concerning them. As he was instructed by the divine revelation, thus would he sanction and judge. For example, it is clearly ordered in the Law by God [F. 17v] that the one who does any work on the Sabbath would be killed.
When someone was brought before the blessed Moses for collecting wood on the Sabbath, the latter did not sanction that he be immediately killed according to the command of the Law, but he asked God a second time concerning the man. 85 At the same time, Moses brought before God the case of the son of the Israelite woman who insulted and reviled the name of God. 86 Also regarding the case of the daughters of Zelophehad, he asked for instruction from God, and the command over Zelophehad’s daughters was that they spoke rightly. 87
Long after the time of the blessed Moses, we notice that laws and sanctions were handed down from the hands of those men (=minor Judges), and that, along with judicial power, they received the gift of prophecy. They were not by virtue of their mind, but were instructed by divine revelation, which they received in a hidden manner. Likewise, it is said about Deborah: The prophetess, the wife of Lappidor, was judging Israel at that time, 88 and also Samuel the blessed Prophet, following the divine knowledge that instructed him, continued to judge and lead the Israelite people all the days of his life. 89
Numbers 15:32–36. Leviticus 24: 10–12. 87 Cf. Numbers 27:1–7. 88 Judges 4:4. 89 1 Samuel 7:15. 85 86
TEXT AND TRANSLATION
ܕܝܢܐ ̇ ݂ܡܢ ܗܠܝܢ ܓܝܪ >ܕܐܬܐܡܪܝ< 90ܝܕܝܥܐ ܚܬܝܬܐܝܬ ܕܟܠܗܘܢ ̈ ܕܡܛܝܢ ̄ܗ ݂ܘܘ ܩܕܡ ܛܘܒܢܐ ܡܘܫܐ ܘܡܥܠܝܢ ̄ܗ ݂ܘܘ ݂ܡܢ ܚܝ� ܕܬܪܥܝܬܗ ܡܦܣܢܘܬܐ ̇ ܥܠܝܗܘܢ ̇ܫܐܠ ̄ܗ ݂ܘܐ .ܘܐܟܡܐ ܕܡܬܚܟܡ ̄ܗ ݂ܘܐ ݂ܡܢ ܓܠܝܢܐ ݂ܡܢ ܐܠܗܐ ܦܣܩ ̄ܗ ݂ܘܐ ̇ ܐܠܗܝܐ ̇ ܘܕܐܢ .ܐܝܟܢܐ ܕܐܦ ̇ܗܘ ܡܕܡ ܕܓܠܝܐܝܬ ܦܩܝܕ ܕܥܒܕ ̇ ̇ ܥܒܕܐ ܒܝܘܡܐ ̄ܗ ݂ܘܐ ݂ܡܢ ܐܠܗܐ ܒܗ ܒܢܡܘܣܐ [F.17v] .ܕܟܠ ܕܫܒܬܐ ܡܬܩܛܠܘ ܡܬܩܛܠ. ̄ ܟܕ ܐܫܬܟܚ ܚܕ ܕܒܝܘܡܐ ܕܫܒܬܐ ̈ ܘܩܪܒܘ : 91ܠܘܬ ܩܝܣܐ ܡܠܩܛ ̄ܗ ݂ܘܐ. ܛܘܒܢܐ ܡܘܫܐ � .ܦܣܩ ̄ܗ ݂ܘܐ ܥܠܘܗܝ ܕܡܚܕܐ ܢܬܩܛܠ ܐܝܟ ܦܘܩܕܢܗ ܕܢܡܘܣܐ .ܥܕܡܐ ܕܬܢܝܢܘܬ ܫܐܠ ܥܠܘܗܝ ݂ܡܢ ܐܠܗܐ .ܘܒܗ ܒܙܒܢܐ ܐܦ ̇ ܕܗܘ ܒܪ ܝܣܪܠܝܬܐ .ܕܦܪܫ ܫܡܐ ܘܨܚܝ .ܩܕܡ ܐܠܗܐ ܩܪܒܗ .ܐ� ܕܝܢܗ ̈ ܕܝܢ ܘܕܝܢܐ ܕܒܢܬܗ ܕܨܠܦܚܬ ݂ 92ܡܢ ܐܠܗܐ .ܫܐܠ ܥܠܘܗܝ ܡܦܣܢܘܬܐ. ܘܗܢܐ ܦܘܩܕܢܐ ܗܘܐ ܥܠܝܗܝܢ ܕܟܐܢܐܝܬ ܠܡ ܐܡ�ܢ ̈ ܒܢܬܗ ܕܨܠܦܚܕ93 . ̤ ̈ ܒܬܪ ܕܝܢ ܛܘܒܢܐ ܡܘܫܐ ܙܒܢܐ ܣܓܝܐܐ ܡܫܟܚܝܢ ܚܢܢ ̈ ܕܕܝܢܐ ܘܦܣܩܐ ܒܐܝܕܝ ̇ܗܢܘܢ ܡܬܝܒܠܝܢ ̄ܗ ݂ܘܘ̇ . ̈ ܘܪܕܝܢ ܕܥܡ ܫܘܠܛܢܐ ܕܕܝܢܘܬܐ ܡܘܗܒܬܐ ̄ ̄ ̈ ܕܢܒܝܘܬܐ ܡܩܒܠܝܢ ܗ ݂ܘܘ .ܟܕ � ݂ܡܢ ܚܝ� ܕܚܘܫܒܝܗܘܢ >ܦܣܩܝܢ< 94ܗ ݂ܘܘ ̈ ̈ ̈ ܐܠܗܝܐ ܕܟܣܝܐܝܬ ܡܩܒܠܝܢ ̄ܗ ݂ܘܘ ܡܬܚܟܡܝܢ ̄ܗ ݂ܘܘ. ܒܓܠܝܢܐ ܕܝܢܐ .ܐ� ┐ܐܝܟ ܕܥܠ 95ܕܒܘܪܐ ܐܡܝܪܐ .ܕܕܒܘܪܐ ܠܡ ܢܒܝܬܐ ܐܢܬܬ ܠܦܝܬܘܪ 96 ܗܝ ܕܝܢܐ ̄ܗܘܬ ܠܝܣܪܝܠ ̇ ܒܗܘ ܙܒܢܐ .ܘܬܘܒ ܛܘܒܢܐ ܫܡܘܐܝܠ ܢܒܝܐ ܟܠܗ ̤ ̤ ̇ ̄ ̄ ܙܒܢܐ ̈ ܘܬ ܠܗ .ܕܐܢ ܗ ݂ܘܐ ܕܚܝܘܗܝ ܠܦܘܬ ܝܕܥܬܐ ܐܠܗܝܬܐ ܕܡܚܟܡܐ ܗ ̤ ܘܡܕܒܪ ܠܥܡܐ ܝܣܪܠܝܐ.
.ܕܐܬܐܡ� Ms.: .ܘܩܪܒܘܗܝ Abbreviation of 92 Scribal error corrected in the second occurrence of the name. .ܨܠܦܚܬ 93 Corrected from (metathesis).ܣܦܩܝܢ 94 Ms.: .ܐܝܟ ܕ ܐܝܟ ܥܠ 95 Ms.: .לפּידוֹת 96 Spelling as in the Syriac Bible. Hebrew: 90 91
40 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Four hundred and fifty years after blessed Moses, judgement proceeded in this manner over the people, but thereafter, kings were elected and ruled over the people. We find the blessed David, who greatly excelled in the prophetic knowledge, and after him we notice his son Solomon to whom clearly great wisdom was granted by God. His wisdom was so great and sublime that he spoke about all the created natures: beasts, creeping animals, flying creatures, fish, and about all kinds of trees, including of Lebanon and down to the green plants that come out of the wall. 97 Thus by means of such men as these, the sanctions and laws that the Church now holds and applies were transmitted to us as tradition and custom. [F. 18r] And if they were transmitted in writing, either because they were not recorded or because, if they were recorded, the written records did not reach us, what is sure is that they reached us today as custom and tradition, just as we possess them today.
When I said that although these records may not have reached us, it is not that we could not receive many books without proof, for we find that many books were lost and destroyed at different times during seditions and captivities endured by the Jews, and they never came to light. This is what is written concerning Solomon who produced three thousand sayings and one thousand and five odes, 98 most of which never reached us.
1 Kings 5:13. 1 Kings 5:12.
TEXT AND TRANSLATION
ܟܕ ܒܬܪ ܛܘܒܢܐ ܡܘܫܐ ܐܪܒܥܡܐܐ ܘܚܡܫܝܢ ̈ ܫܢܝܢ ܕܝܢܘܬܐ .ܒܗܢܐ ܙܢܐ ܘܩܡܘ ܒܥܡܐ. ܘܬ ܒܥܡܐ .ܟܕ ܕܝܢ ݂ܡܢ ܒܬܪܟܢ ̈ܡܠܟܐ ܐܬܓܒܝܘ݂ . ܪܕܝܐ ̄ܗ ̤ ̇ ܡܫܟܚܝܢܢ ܠܛܘܒܢܐ ܕܘܝܕ .ܗܘ ܕܒܝܕܥܬܐ ܕܢܒܝܘܬܐ ܪܘܪܒܐܝܬ ܡܢܨܚ ̄ܗ ݂ܘܐ .ܘܒܬܪܗ ܬܘܒ ܚܙܝܢܢ .ܠܫܠܝܡܘܢ ܒܪܗ̇ .ܗܘ ܕܓܠܝܐܝܬ ܚܟܡܬܐ ܗܘܬ. ܐܬܝܗܒܬ ܠܗ̇ .ܗܝ ܕܗܟܢܐ ܡܝܬܪܐ ܘܡܥܠܝܐ ܪܒܬܐ ݂ܡܢ ܐܠܗܐ ̤ ̤ ̈ ̇ ̈ ܕܒܗ ܥܠ ܟܠܗܘܢ ܟܝܢܐ ܕܒܪܝܬܐ ܡܠܠ .ܥܠ ܚܝܘܬܐ ܘ̈ܪܚܫܐ ܘܦ�ܚܬܐ : ܘܥܠ ̈ ܢܘܢܐ ܘܥܠ ܟܠܗܘܢ ̈ ܐܝܠܢܐ ݂ܕܡܢ >ܐ̈ܪܙܐ< 99ܕܠܒܢܢ ܘܥܕܡܐ ܠܠܘܦܐ ̇ ܕܢܦܩ ܒܐܣܬܐ. ݂ܡܢ ̄ ܢܫܐ ܗܟܝܠ ܕܐܝܟ ܗܠܝܢ ܪܕܘ ܘܐܬܝܒܠܘ ܥܕܡܐ ܠܘܬܢ̈ . ܐ ̈ ܦܣܩܐ ̈ ܘܕܝܢܐ 100ܕܝܘܡܢܐ ܒܥܕܬܐ ܒܡܫܠܡܢܘܬܐ ܘܥܝܕܐ ܐܚܝܕܝܢ ܘܡܬܓܡܪܝܢ. ̈ ] [F.18rܘܐܦܢ ܒܟܬܝܒܬܐ >�< 101ܐܬܝܒܠܘ ܠܘܬܢ .ܡܛܠ ܕ� ܐܬܟܬܒܘ ܠܘܬܢ � ܡܛܘ .ܐ� ݂ܡܢ ܟܠ ܦܪܘܣ ܐܬܟܬܒܘ .ܐܘ ܕܟܕ ݂ ݂ ܒܥܝܕܐ ܘܒܡܫܠܡܢܘܬܐ .ܗܟܢܐ ܪܕܘ ܠܘܬܢ .ܐܟܡܐ ܕܝܘܡܢܐ ܐܚܝܕܝܢ ܚܢܢ. ̇ ܕܐܡܪܬ ܕܡܨܝܐ ܕܟܕ ܐܬܟܬܒܘ ܠܘܬܢ � ܡܛܘ̄ � .ܗ ݂ܘܐ ܕ� ܟܕ ̇ܗܝ ̇ ̇ ̈ ̈ ܬܚܘܝܬܐ ܐܝܬܝܗ ܡܫܟܚܝܢܢ ܓܝܪ ܠܟܬܒܐ ܣܓܝܐܐ .ܗܢܘܢ ̈ ̈ ̈ ܕܒܐܣܛܣܝܣ 102 ܐܒܕܘ ܘܐܬܚܒܠܘ. ܘܒܫܒܝܐ ܕܣܒܠܘ ܝܗܘܕܝܐ ܒܙܒܢ ܙܒܢ ݂ ̇ ܐܬܘ .ܐܝܟ ܗܝ ܕܟܬܝܒܐ ܡܛܠ ܫܠܝܡܘܢ .ܕܡܠܠ ܬܠܬܐ ܘܠܓܠܝܐ � ݂ ̈ ̈ ̈ ̈ ܬܫܒܚܬܗ ܐܠܦ ܘܚܡܫ .ܘܗܠܝܢ ܐܝܟ ܕܒܣܘܓܐܐ ܘܗܘܝ ܡܬܠܝܢ. ܐܠܦܝܢ ܠܘܬܢ � ܡܛܝ.
!)̄ literally “the mysteries (of Lebanon ,ܐ̈ܪܙܐ Ms.: A letter between wāw and dōlat was erased. 101 Necessary addition. 102 Greek στάσις. 99
42 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR We no longer possess The Book of the Kings of Israel, although it is clearly mentioned in the Scriptures. The Treaty of the Kings and the Commentary of Iddo , along with other known to have existed, are no longer found. I do not intend to show that these lost books contained sanctions and laws, but I spoke about a possible situation: Although they had been written by the ancients, they did not reach us. Nonetheless, we say with certainty, that even (if the laws) were not transmitted to us in writing, we can know that what we now possess was transmitted by the ancients and that they reached us. It is not only from the ancestors that much of what we have was proceeded and transmitted, but also from after the advent of our Lord Christ, when churches in every place and the number of the believers increased everywhere.
The grace of the (Holy) Spirit did not allow those believers to set aside of the Church when trade lawsuits them, and when they had to conduct judgment with their brethren before corrupt judges, who are strangers (=non-Christians). On account of this, along with the distinct grace that our Lord gave and settled on those who believed in Him, He gave revelations and knowledge to many, enabling them to identify just judgments though truthful examinations. [F. 18v] The believers have no right, if they have dispute against members of their Faith, to declare it before a judge outside the Church. The blessed Paul clearly teaches us, saying: If any of you has a dispute with another, do you dare to take it for judgment before the wicked ones and not before the holy ones? 103
1 Corinthians 6:1.
TEXT AND TRANSLATION
̈ ܝܘܡܝܢ< ̈ 104 ̈ ܒܝܢܬܢ. ܕܡܠܟܐ ܕܝܣܪܝܠ ܝܘܡܢܐ ܠܝܬܘܗܝ ܘܣܦܪ >ܕܒܪ ̈ ̈ ܕܥܕܘ >ܢܒܝܐ< 105 ܘܒܟܬܒܐ ܝܕܝܥܐܝܬ ܡܩܪܚ .ܘܕܪܫܐ ܕܡܠܟܐ ܘܡܕܪܫܐ ݂ ̈ ܕܗܘܘ ܝܘܡܢܐ � ܡܫܬܟܚܝܢ .ܟܕ ܠܘ ܥܡ ܫܪܟܐ >ܕܟܬܒܐ< 106ܝܕܝܥܝܢ ̤ ܗܡܣ ̄ ̈ ̇ ܗܕܐ ̇ ̈ ܕܐܒܕܘ .ܦܣܩܐ ܐܢܐ ܠܡܚܘܝܘ ܟܐܡܬ .ܒܗܢܘܢ ܟܬܒܐ ݂ ̄ ̈ ܕܕܝܢܐ ܡܬܚܡܝܢ ܗ ݂ܘܘ .ܐ� ܗܠܝܢ ܐܡܪܬ ܠܬܚܘܝܬܐ ܕܡܨܝܐ :ܕܐܦܢ ̈ ܩܕܡܝܐ :ܠܘܬܢ � ܡܛܘ .ܒܪܡ ݂ܡܢ ܟܠ ܦܪܘܣ ܗܕܐ ܐܬܟܬܒܘ ݂ܡܢ ̈ ܐܡܪܝܢܢ .ܘܐܦܢ � ܐܫܬܠܡܘ ܠܢ ܒܟܬܝܒܬܐ .ܐ� ܡܨܝܐ ܕܢܕܥ ܕܗܠܝܢ ܕܝܘܡܢܐ ܐܚܝܕܝܢܢ ܠܘܬܢ݂ .ܡܢ ܗܠܝܢ ̈ ܩܕܡܝܐ ܐܬܝܒܠܘ .ܘܡܛܘ ܠܘܬ ݂ܢ. ̈ ̈ ܩܐ .ܐ� ܐܦ ݂ܡܢ ܒܬܪ ܩܕܡܝܐ ܘ� ̄ܗ ݂ܘܐ ܒܠܚܘܕ ݂ܡܢ ̇ܗܢܘܢ ܘܥܬܝ ݂ ̇ ̈ ܣܓܝܐܐ ܠܘܬܢ .ܪܕܘ ܡܐܬܝܬܗ ܕܡܪܢ ܡܫܝܚܐ ݂ܗܢܘܢ ܗܠܝܢ ܟܕ ܐܬܢܨܒܝ< ̈ 107 ̈ ܘܐܬܝܒܠܘ .ܟܕ ܓܝܪ > ܥܕܬܐ ܒܟܠ ܐܬܪ .ܘܣܓܝ ܡܢܝܢܐ ̈ ݂ ܒܟܠܕܘܟ. ܕܡܗܝܡܢܐ ܡܛܠ ܕ� ܡܦܣܐ ̄ܗܘܬ ܕܝܢ ܛܝܒܘܬܐ ܕܪܘܚܐ ̇ ܠܗܢܘܢ ܕܡܗܝܡܢܝܢ ̄ܗ ݂ܘܘ. ̤ ̈ 108 ܠܗܘܢ ܕܝܢܐ ܕܡܣܒܐ ܘܡܬ� .ܢܫܒܩܘܢ ܕܟܕ ܡܛܝܢ > ̄ܗܘܘܫܪܝ�ܐ< 109ܕܥܕܬܐ ܘܢܕܘܢܘܢ ܥܡ ܐܚܝܗܘܢ ܩܕܡ ܥܘ� ܕܐܝܬܝܗܘܢ ̄ ܕܝܗܒ ܗ ݂ܘܐ ܡܪܢ ܒ�ܝܐ .ܡܛܠ ܗܕܐ ܥܡ ܡܘܗܒܬܐ ܡܦܪܫܬܐ ݂ ܘܡܫܟܝܢ � 110ܝܠܝܢ ܕܡܗܝܡܢܝܢ ̄ܗ ݂ܘܘ ܒܗ .ܐܦ ܓܠܝܢܐ ܘܝܕܥܬܐ ܕܐܝܟ ܗܕܐ ݂ ̄ ܠܣܓܝܐܐ ܕܒܗ ܢܣܦܩܘܢ ܠܡܦܪܫ ̈ ̈ ܕܝܢܐ ܬ̈ܪܝܨܐ ܝܗܒ ̄ܗ ݂ܘܐ ̈ ̈ ܡܗܝܡܢܐ ܕܟܕ ܐܝܬ ܠܗܘܢ ܕܝܢܐ ܒܒܘܚܢܐ ܕܫܪܪܐ .ܘܕ� ] [F.18vܫܠܝܛܝܢ ̈ ܥܡ ܒܢܝ ܗܝܡܢܘܬܗܘܢ ܢܐܡܪܘܢܝܗܝ ܩܕܡ ܕܝܢܐ ܕܠܒܪ ݂ܡܢ ܥܕܬܐ .ܓܠܝܐܝܬ ܐܢܫ ̄ ܐܡܪ .ܡܡܪܚ ܠܡ ̄ ܡܠܦ ܠܢ ܛܘܒܢܐ ܦܘܠܘܣ ܟܕ ̇ ܐܢܫ ܡܢܟܘܢ ܟܕ ܐܝܬ ݂ ̇ ̈ ܠܗ ܕܝܢܐ ܥܡ ̄ ܐܢܫ ܕܢܕܘܢ ܩܕܡ ܥܘ� .ܘ� ܩܕܡ ̈ ܩܕܝܫܐ.
.ܒܢܝܡܝܢ Ms.: ̈ (sic). ܢܒܝܐ Ms.: ̈ .ܕܚܕܕܐ 106 Ms.: .ܐܬܢܨܒܘ 107 Ms.: 108 Necessary addition. .ܫܪܝ�ܬܐ 109 Ms.: .ܘܡܫܟܢ 110 Phonetic spelling for the correct 104 105
44 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR That there also are in the Church virtuous men who have received such graces from the graceful Spirit, we can learn from the blessed Apostle who says: To one (there is given) through the Spirit a message of wisdom. 111 This sentence, the blessed Theodore (of Mopsuestia), the Interpreter of the Divine Scriptures, explains as follows: The Word of Wisdom is a gift of the (divine) Grace, given to people who excel in the knowledge of human wisdom. If they are in a position to deliberate relevant matters in which wise counsel is required, or if a listener is needed for lawsuits regarding any matter, or if they reflect about physical things, or if they wish to pass knowledge onto others—this grace bestows much benefit in such and other cases to those who are dependent on human wisdom. Solomon acquired it and excelled in judging and in wisdom-counselling, in such a way that his teachings were written down. People like these lived during the days of the apostles, and they used to make decisions in juridical cases that befell them. Ecclesiastical law was long under their control, as is our case, which is practiced today, being handed down as tradition. It proceeded from them and was passed down successively to us.
If there is who believes that these legal decisions are new, let him know that not only these, but also many other things in the ecclesiastical ministry, did not distinctively reach us through rules or books (made) by prophets and apostles.
1 Corinthians 12:8.
TEXT AND TRANSLATION
ܐ� ܕܝܢ ܘܕܗܘܘ ܒܥܕܬܐ ̄ ̈ ܐ ̈ ܕܡܘܗܒܬܐ ܕܐܝܟ ܗܠܝܢ ܩܒܠܘ ܢܫܐ ܡܝܬ̈ܪܐ ̤ ݂ܡܢ ܛܝܒܘܬܐ ܕܪܘܚܐ .ܡܨܝܢܢ ܠܡܐܠܦ ݂ܡܢ ܡܠܬܗ ܕܝܠܗ ܕܛܘܒܢܐ ܫܠܝܚܐ ̄ ܕ�ܚܪܢܐ ܡܠܬܐ ܕܚܟܡܬܐ ̇ ̇ ܒܗ ܒܪܘܚܐ .ܠܗܢܐ ܗܟܝܠ ܐܡܪ ܟܕ ̈ ̈ ܐܠܗܝܐ ܕܟܬܒܐ ܦܬܓܡܐ ܟܕ ܡܦܫܩ ܠܗ ܛܘܒܢܐ ܬܐܕܘܪܘܣ ܡܦܫܩܢܐ ̇ ̇ ܘܬ ܐܡܪ ܗܟܢܐ .ܕܡܠܬܐ ݂ ܕܚܟܡܬܐ .ܡܘܗܒܬܐ ܕܛܝܒܘܬܐ ܐܝܬܝܗ ̄ܗ ̤ ̄ ܕܝܗܒܐ ܠܡܬܝܬܪܘ ܣܓܝ ܒܝܕܥܬܐ ܕܚܟܡܬܐ ܐܢܫܝܬܐ .ܕܐܝܟ ܗܕܐ ̈ ̈ ܕܗܢܝܢ112 . ܨܒܘܬܐ ܐܝܠܝܢ ܕܐܢ ܣܝܡ ̄ܗ ݂ܘܐ ܠܗܘܢ ܠܡܬܚܫܒܘ ܥܠ ݂ ܘܡܬܒܥܐ ̄ܗ ݂ܘܐ ܠܗܘܢ ܐܝܢܐ ܕܚܟܝܡܐܝܬ ܡܨܐ ܠܡܡܠܟ :ܐܘ ܐܢ ܕܕܝܢܝܢ ܥܡ ̈ ܡܬܒܥܐ ̄ܗ ݂ܘܐ ܫܡܘܥܐ �ܝܠܝܢ ̇ ܚܕܕܐ :ܥܠ ܨܒܘ .ܐܘ ܐܢ ܨܒܘܬܐ ̈ ̈ ̄ ̇ ܟܝܢܝܬܐ :ܐܘ ܐܢ ܨܒܝܢ ܗ ݂ܘܘ ܕܢܘܕܥܘܢ ܡܬܚܫܒܝܢ ̄ܗ ݂ܘܘ ܥܠ ̄ ̄ ̈ ܕܬܠܝܢ ܒܚܟܡܬܐ ܐܢܫܝܬܐ. �ܚ�ܢܐ :ܒܟܠܗܝܢ ܗܠܝܢ ܘܒܫܪܟܐ ܐܝܠܝܢ ܘܬ ܗܕܐ ܡܘܗܒܬܐ݂ .ܢܣܒ ̄ܗ ݂ܘܐ ܡܝܬܪܘܬܐ ܣܓܝܐܬܐ ܥܒܕܐ ̄ܗ ̤ ̇ ܘܐܬܢܨܚ :ܒܕܝܢܘܬܐ ܘܒܡܠܘܟܘܬܐ ܕܚܟܡܬܐ .ܐܝܟܢܐ ܕܐܦ ܫܠܝܡܘܢ ̈ ̈ ܢܬܟܬܒܢ ܡܠܦܢܘܬܗ. ̈ ̄ ܐܢܫܐ ܟܝܬ ܕܕܐܝܟ ܗܠܝܢ ܗܘܘ ̇ ܕܫܠܝܚܐ̈ . ̈ ܘܕܝܢܐ ܒܝܘܡܬܐ ܒܗܘ ܙܒܢܐ ̤ ̇ ̈ ܒܐܝܕܝܗܘܢ ܕܡܛܝܢ ̄ܗ ݂ܘܘ ݂ܗܢܘܢ ܦܣܩܝܢ ̄ܗ ݂ܘܘ ܠܗܘܢ .ܘܙܒܢܐ ܣܓܝܐܐ ̄ ܘܬ ܟܕ ܐܦ ܗܕܐ ܕܝܘܡܢܐ ܠܘܬܢ ܡܫܬܡܫܐ ܕܝܢܘܬܐ ܒܥܕܬܐ ܪܕܝܐ ܗ ̤ ܘܐܫܛܘܫܛܬ .ܒܐܝܕܐ ܒܐܝܕܐ ܪܕܬ ܢ ܕܡܢܗܘ ܒܝܘܒ� ܘܒܡܫܠܡܢܘܬܐ. ̤ ̤ ܐܦ ܥܕܡܐ ܠܘܬܢ : ̈ ܘܐܢ ܐܝܬ > ̄ ̄ ܐܢܫܐ< 113ܕܚܕܬܬܐ ܡܣܬܒ�ܢ ܠܗ ܗܠܝܢ ܢܕܥ ܕ� ܗ ݂ܘܐ ̈ ̈ ̈ ܣܓܝܐܬܐ ܐܝܬ ܨܒܘܬܐ ܕܕܝܢܐ ܒܠܚܘܕ .ܐ� ܐܦ ܦܣܩܐ ̄ ܕܒܬܫܡܫܬܐ ܥܕܬܢܝܬܐ >ܡܫܬܡܠܝܢ< .114ܕ� ܗ ݂ܘܐ ܩܪܝܚܐܝܬ ܒܦܘܩܕܢܐ ܐܘ ̈ ̈ ̈ ܒܟܬܝܒܬܐ ݂ܡܢ ̈ ܘܫܠܝܚܐ ̈ܪܕܝ ܠܘܬܢ. ܢܒܝܐ
Unecessary and illegible letter at the end is deleted. ̄ .ܐ ̈ ܢܫܐ Ms.: .ܡܫܬܡܥܝܢ 114 Ms.: 112 113
46 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Rather, just as we received them as a tradition, so we duly apply them, [F. 19r] knowing that those who accepted and organized them were not simple people, but were people who attained them through the revelation of the Spirit. I say this as proof: when believers depart from this world, they are honoured by prayer and service. This is not written in any book. But we know that this (practice) is not sought and invented by simple people, but was transmitted by people who learned, through the Spirit of God, the aim of the economy of our Lord that works and communicates (tradition). Although this practice is not written in our Lord’s or the Apostles’ teaching, it is known as a beautiful custom held in the Church, which has been carried on to this day. It is not a novelty, I mean, not foolishness concocted by the human .
The same is true of the rite of Baptism, that is standing on a sackcloth, undressing to the point of nakedness, being barefoot, stretching the hands, genuflection, and such other things. We have not received in writing that we should do likewise, but the blessed Interpreter (Theodore) said: This is a tradition passed down to us from earlier generations, namely, that we should do so with those who come forth for holy Baptism.
TEXT AND TRANSLATION
̈ ܐܢܝܢ .ܗܐ ܡܫܡܠܝܢܢ ܠܗܝܢ ܙܕܩܐܝܬ. ܐ� ܒܡܫܠܡܢܘܬܐ ܐܟܡܐ ܕܩܒܠܢܢ ] [F.19rܟܕ ܝܕܥܝܢܢ ܕܠܘ ̄ ̇ ܐ ̈ ̈ ܫܚܝܡܐ ܐ� ܗܢܘܢ ܕܒܓܠܝܢܐ ܕܪܘܚܐ ܢܫܐ ̈ ܘܡܛܟܣܢܝܗܝܢ .ܘܐܝܟ ܕܒܬܚܘܝܬܐ ̇ ̈ ܐܕܪܟܘ ̈ ܐܡܪ ܡܩܒܠܢܝܗܝܢ ܗܘܘ ܐܢܝܢ ݂ ̄ ̇ ̈ ܐܢܐ ܗܕܐ .ܕܗܝ ܕܟܕ ܡܗܝܡܢܐ ܥܢܝܕܝܢ ݂ܡܢ ܥܠܡܐ .ܒܨܠܘܬܐ ̈ ܟܬܒܐ � ̈ܪܫܝܡܐ .ܒܪܡ ܡܦܣܝܢܢ ܕܠܘ ܘܒܬܫܡܫܬܐ ܡܬܝܩܪܝܢ ܒܚܕ ݂ܡܢ ̄ ̄ ܐ ̈ ̈ ܗܘܐ ܡܒܥܢܗ ܘܡܫܟܚܢܗ. ܢܫܐ ܫܚܝܡܐ ܐܘ ܐܢܫ ݂ܡܢ ܚܘܫܒܐ ܕܢܦܫܗ ̤ ̇ ܐ� ݂ܡܢ ܡܫܠܡܢܘܬܐ ܕܗܢܘܢ ܕܒܪܘܚܐ ܕܐܠܗܐ ܝܠܦܘ ܢܝܫܐ ܕܡܕܒܪܢܘܬܗ ̈ ܘܕܫܠܝܚܐ � ܕܡܪܢ ܗܐ ܪܕܝܐ ܘܡܫܬܘܫܛܐ .ܘܟܕ ܒܡܠܦܢܘܬܗ ܕܡܪܢ ܪܫܝܡܐ ܐ� ܝܕܝܥܐ ܕܥܝܕܐ ̄ܗ ݂ܘ ܫܦܝܪܐ ܕܐܚܝܕ ܒܥܕܬܐ ܘܥܕܡܐ ܠܗܫܐ ܗܐ ܡܬܝܒܠ ▱ >ܘܪܕܐ< .115ܘ� ̄ܗ ݂ܘܐ ܚܕܬܐ ̄ܗ ݂ܘ ܐܘܟܝܬ ܒܕܝܐ ܕܚܘܫܒܐ< ̄ 116 ̈ ܐ ̈ ܐܝܬܘܗܝ. ܢܫܝܐ ܘܓܒܝܠܘܬܐ > ݂ ܗܟܢܐ ܓܝܪ ܐܦ ܛܟܣܐ ܬܘܒ ܕܡܥܡܘܕܝܬܐ̇ .ܗܢܘ ܕܝܢ ܩܘܡܐ ܕܥܠ ̈ ̈ ܕܐܝܕܝܐ ܘܪܟܝܢܘܬܐ ܕܥܠ ܘܦܫܛܐ ܣܩܐ .ܫܠܝܚܘܬܐ ܕܥܪܛܠ ܘܚܦܝܝ. ̈ ̈ ܒܘ̈ܪܟܐ .ܘܫܪܟܐ ܕܐܝܟ ܗܠܝܢ .ܒܟܬܝܒܬܐ � ܩܒܠܢ ܐܢܝܢ ܕܗܟܢܐ ܢܥܒܕ. ܐܡܪ .ܕܡܫܠܡܢܘܬܐ ̄ܗܝ ܗܕܐ ݂ :ܕܡܢ ̄ ܐ ̈ܢܫܐ ܕܝܢ ܒܪܡ ܛܘܒܢܐ ܡܦܫܩܢܐ ݂ ݂ ̈ ܪܕܬ ܠܘܬܢ .ܕܗܟܢܐ ܢܬܚܫܚ ܠܘܬ ܐܝܠܝܢ ܕܩܪܒܝܢ ܠܥܡܕܐ ܩܕܝܫܐ. ܩܕܡܝܐ ̤
ܵ .ܘܪܕܝܐ Ms.: ̈ .ܚܫܐ Ms.:
48 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR We learned from the blessed Dionysius, a deacon during the days of the Apostles, 117 about honouring the dead and about this rite of Baptism; he said that he did not invent these practices out of his own mind, but wrote that they proceeded to him in this way. We find many other practices, which while they were not delivered to us by the ancients in writing, they reached by way of actions.
I made these statements so that that what I said is novelty, namely that laws and sanctions that are practiced today in the Church, even though they were not delivered to us in writing, they nonetheless are the same as those which were confirmed and delivered by the ancients, and which progressively arrived to us. We can clearly learn about this from the scriptures, as in the matter of Ananias and Sapphira (which) was revealed to Simon Peter; 118 and as the blessed [F. 19v] Stephen and his companions who were selected to resolve the quarrel that occurred between Greeks and Jews concerning the service of the widows, and how with the assistance of the gift and the grace of the Spirit administered the matter as it fitted the truth.119 Thus many other legal matters went before them, and they, through the same wisdom of the Holy Spirit, examined them and decided about them, and in the same way their tradition proceeded until it came to us.
Dionysius the Areopagite; see Acts 17:34. Acts 5:1–6. 119 Cf. Acts 6:1–7. 117 118
TEXT AND TRANSLATION
̈ ܕܥܢܝܕܐ ܘܥܠܘܗܝ ܕܗܢܐ ܛܟܣܐ ܕܥܡܕܐ .ܝܠܦܝܢܢ ݂ܡܢ ܟܕ ܥܠ ܐܝܩܪܐ ̈ ̈ ܘܕܗܘܐ ܒܝܘܡܝ ܫܠܝܚܐ .ܟܕ � ܡܫܡܫܢܐ ܓܒܪܐ ܕܝܘܢܘܣܝܘܣ ܛܘܒܢܐ ̤ ̈ ܐܡܪ .ܐ� ܗܟܢܐ ܟܬܒ ̄ܗ ݂ܘܐ ݂ܡܢ ܨܒܘܬ ܢܦܫܗ ܐܫܟܚ ܐܢܝܢ ܠܗܠܝܢ ݂ ̈ ̈ ܕܒܗܢܐ ܙܢܐ ܠܡ ̈ܪܕܝ > ܣܓܝܐܬܐ ܕܝܢ ܬܘܒ ܘܐܬܝܒܠܝ< 120ܠܘܬܗ. ̈ ̈ ̈ ܒܟܬܝܒܬܐ � ܡܫܠܡܢ ܠܢ ݂ܡܢ ܩܕܡܝܐ .ܒܗܘܢ ܡܫܟܚܝܢܢ .ܕܟܕ ܐܚ�ܢܝܬܐ ݂ ̇̈ ܒܥܒܕܐ ܡܢܗܘܢ >ܠܘܬܢ< 121ܡܛܝ̈. ̇ ̇ ܕܐܡܪܬ ̈ : ܗܠܝܢ ܓܝܪ ܕܕܝܢܐ ܪܬ .ܕ� >ܬܣܬܒܪ< 122ܕܚܕܬܐ ̄ܗ݂ܝ ܐܡ ݂ ̈ ̈ ܒܟܬܝܒܬܐ � ܘܦܣܩܐ ܗܠܝܢ ܕܝܘܡܢܐ ܒܥܕܬܐ ܡܣܬܥܪܝܢ .ܐܦܢ ̈ ܗܢܘܢ ܐܝܬܝܗܘܢ ݂ܕܡܢ ܩܕܡܝܐ ܐܬܬܚܡܘ ܗܢܘܢ ܟܕ ݂ ܐܫܬܠܡܘ ܠܢ .ܐ� ݂ ܘܐܫܬܠܡܘ .ܘܒܐܝܕܐ ܒܐܝܕܐ ܡܛܘ ܐܦ ܠܘܬܢ .ܘܡܨܝܐ ܕܢܐܠܦܝܗ̇ ̈ ܕܟܬܒ ݂ܐ .ܕܐܝܟܢܐ ܕܥܠ ܨܒܘܬܐ ܕܚܢܢܝܐ ܚܬܝܬܐܝܬ .ܡܢܗܘܢ ܠܗܕܐ ݂ ܘܫܦܝܪܐ ܐܬܓܠܝ :ܠܛܘܒܢܐ ܫܡܥܘܢ ܟܐܦܐ .ܘܐܟܡܐ ܕܛܘܒܢܐ ] [F.19vܐܣܛܦܢܘܣ ܘܚܒ�ܘܗܝ ܐܬܓܒܝܘ ܘܐܬܦܪܫܘ ܠܬܘܪܨܐ ܕܚ�ܝܢܐ ̈ ̈ ܕܬܫܡܫܬܐ ܕܐ̈ܪܡܠܬܐ. ܠܝܘܢܝܐ ܥܡ ܥܒ�ܝܐ ܥܠ ܨܒܘܬܐ ܕܗܘܐ ̄ܗ ݂ܘܐ ̤ ̇ ܦܪܢܣܘܗ ܠܨܒܘܬܐ ܐܝܟ ܘܒܥܘܕܪܢܐ ܕܡܘܗܒܬܐ ܘܕܛܝܒܘܬܐ ܕܪܘܚܐ ̈ ܣܓܝܐܐ ̈ ̈ ܕܕܝܢܐ ┐ܡـ ̇ 123ܡܛܝܢ ̄ܗ ݂ܘܘ ܙܕܩܘܗܝ ܕܫܪܪܐ .ܗܟܢܐ ܐܦ ܫ�ܒܐ ̇ ̇ ܕܒܗ ܒܚܟܡܬܐ ܕܪܘܚܐ ܕܩܘܕܫܐ ܡܒܚܢܝܢ ܘܦܣܩܝܢ ܩܕܡܝܗܘܢ̇ .ܗܢܘܢ ̇ ܪܕܬ ܡܫܠܡܢܘܬܗܘܢ ܥܕܡܐ ܠܘܬܢ. ̄ܗ ݂ܘܘ ܠܗܘܢ :ܘܒܗ ܒܗܘ ܙܢܐ ̤
.ܘܐܬܝܒܠ Ms.: .ܠܘܬܝ Read .ܬܣܒܪ 122 Ms.: 123 Gap filler. 120 121
50 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR (the legal practices) are sometimes fulfilled differently, and the practice varies depending on the person, time, and the opinion and the mind of individual church leaders, in other places justice is applied in another way.
This is not surprising, nor does it refute , since even the liturgical services in the Church underwent much change in some places and times, and it is not possible to think or to say that they have not been established by the Apostles through the grace of the (Holy) Spirit. And if the laws underwent some change, so much more did the other things!
Now I have spoken and written about this subject that fell upon me (to discuss), but if there is someone else who has an account newer than this, or he is more able to write and teach (about it), I have no objection. §1
BEGINNING OF ALL LAWS
You wrote: From where is it known that if a man dies childless, but has a wife and a brother, his asset ought to go to his wife, not to his brother? I reply as follows:
TEXT AND TRANSLATION
>ܐܦܢ< 124ܒܕܘܟ ܕܘܟ ܠܘܬ ܦܪܨܘܦܐ ܘܙܒܢܐ ܘܡܣܒܪܢܘܬܐ ܘܬ̈ܪܥܝܬܐ ̄ ܕܚܕܚܕܢܐ ݂ܡܢ ܡܕܒ�ܢܐ ̄ ̈ ܘܐܚܪܢܝܐܝܬ .ܡܫܬܡܠܝܢ ܘܒܥܝܕܐ ܐܚܪܢܝܐܝܬ ̄ ܡܫܬܚܠܦܝܢ ܟܕ ܐܦ ܗ ̤ܝ ܗܕܐ ܕܒܕܘܟ ܐܚܪܢܝܐܝܬ ܦܣܩܝܢ ܕܝܢܐ. ܡܒܛ� ̇ ܠܘ ܣܓܝ ܬܡܝܗܐ ܐܦ� ̇ ܠܗܝ >ܕܐܡܪܢܢ< 125ܡܛܠ ܕܐܦ ܛܟܣܐ ܕܬܫܡܫܬܐ ܕܒܥܕܬܐ ̇ ̈ ܪܕܝܢ ܘܡܫܬܠܡܝܢ ̇ܗܢܘܢ ܕ� ܡܨܝܐ ܕܢܣܒܪ ̄ ̈ ܐܘ ܢܐܡܪ ܕ� ܗ ݂ܘܐ ݂ܡܢ ܫܠܝܚܐ ܒܛܝܒܘܬܐ ܕܪܘܚܐ ܐܬܬܣܝܡܘ ܫܘܚܠܦܐ ̈ ̈ ܗܘܐ ܒܗܘܢ ܒܕܘܟ ܕܘܟ ܒܗ ܒܙܢܐ .ܐܦ ܗܕܐ ܣܓܝܐܐ ̤ ̇ ̇ ̇ ̇ ܕܕܝܢܐ ܐܢ ܗܘܐ ܒܗ ܫܘܓܢܝܐ ܡܕܡ ܗܟܢܐ ܒܠܚܘܕ ܗ ̤ܘܐ ܒܗ .ܟܡܐ ̈ ܒܗܢܝܢ ܕܫܪܟܐ ̄ܗ ݂ܘܐ. ܕܐܦ ܘܪܫܡܬ .ܐܢ ܕܝܢ ܐܝܬ ̄ ܐܡܪܬ̇ . ܐܢܐ ܕܝܢ ܥܠ ܗܢܐ ܫܪܒܐ ܕܐܕܪܟܬ ̇ ܐܢܫ ܘܠܡܠܦܘ � .ܡܬܚܪܐ ܕܡܕܡ ܚܕܬ ܠܒܪ ݂ܡܢ ܗܢܐ ܐܘ ܝܬܝܪ ̇ܣܦܩ ܠܡܟܬܒ ݂ ̄ ܐܢܐ. ┐ܫܘܪܝܐ ܕܟܠܗܘܢ
̈ ܢܐ܀ 126 ܕܝ ݂
ܕܟܬܒܬ ݂ܕܡܢ ܐܝܟܐ ܝܕܝܥܐ ܕܓܒܪܐ ܟܕ ܢܡܘܬ ┐܀ ܐ ܀ 127ܥܠ ̇ܗܝ ݂ ̇ ̄ ̈ ̇ ܘܐܢ̄ܬܬܐ ܘܐܚܐ ܐܝܬ ܠܗ ܘܒܢܝܐ ܠܝܬ ݂ܠܗ .ܩܢܝܢܗ �ܢܬܬܗ ܙܕܩ .ܘ� ̄ܗ ݂ܘܐ �ܚܘܗܝ. ܐܡܪ ̄ ܗܕܐ ̇ ܐܢܐ
.ܐܦ Ms.: .ܕܐܡܪܝܢ Ms.: 126 Written in red. 127 Written in red, which is the case of the following code numbers. 124 125
52 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR From the beginning, God created woman to help man, not only as an assistant, but also as a helper like himself; He made her one flesh with the man: That is why a man leaves his father and mother and is united to his wife, and they become one flesh. 128 Following the words of Scripture, woman was created for man, but the brother was not created for his brother. During their life (together), man and woman own a living place, and not only is their property common, but it also belongs to each other.
During her lifetime, the woman’s property [F. 20r] is under the man’s control, and therefore, it would be a flagrant injustice if during her lifetime, while her property is her husband’s and she has no control over it, at the time of her husband’s death he would will that her property should go to someone else other than his wife— if she has no sons.
If someone considers this matter diligently. 129 Leave the fact that she has full control over at the time of her death. If he130 does not own sufficient property and possessions to support his wife and children, no one else has authority , not in his life, nor in his death. This cannot be said of brothers, since not every time a brother complains about his brother, (saying): “He does not provide me with food and support,” do we enforce on the latter a judgement so as to respond to his need.
Genesis 1:24. This sentence is not complete, and indeed Sachau, Syrische Rechtsbücher, 350, noticed the missing part which he filled as follows: “man findet, dass der Ehemann zwar der Verwalter der Habe seiner Gemahlin ist, sie aber die Eigentümerin, dass daher seine Verwaltung ihrer Habe gewissen Beschränkungen unterliegt “one finds that the husband, although he is the administrator of the property of his wife, is but the owner, and that therefore his administration of her possessions is certainly subjected to restrictions.” This reconstruction makes sense within the general discussion of this first legal question. 130 The pronoun refers to the husband. 128 129
TEXT AND TRANSLATION
݂ܕܡܢ ܫܘܪܝܐ ܐܠܗܐ >ܡܪܐ ܟܠ< 131ܐܢ̄ܬܬܐ ܐܝܟ ܕܠܥܘܕܪܢܐ ܕܓܒܪܐ ̇ ܡܥܕܪܢܐ .ܐ� ܡܥܕܪܢܐ ܕܐܟܘܬܗ .ܘܚܕ ܒܣܪ ܒܪܗ .ܘ� ̄ܗ ݂ܘܐ ܒܠܚܘܕ ݂ ̇ ܥܡ ܓܒܪܐ ܥܒܕܗ .ܡܛܠܗܢܐ ܠܡ ܢܫܒܘܩ ܓܒܪܐ �ܒܘܗܝ ܘ�ܡܗ. ܡܠܬ ܟܬܒܐ ܘܢܩܦ �ܢ̄ܬܬܗ .ܘܢܗܘܘܢ ܬ̈ܪܝܗܘܢ ܚܕ ܒܣܪ .ܘܐܝܟ ̤ ܐܬܒܪܝܬ .ܐܚܐ ܕܝܢ � ̄ܗ ݂ܘܐ ܡܛܠ ܐܚܘܗܝ ܐܢ̄ܬܬܐ ܡܛܠ ܓܒܪܐ ܕܝܢ ̤ ̄ ̈ ܒܚܝܝܗܘܢ ܥܘܡܪܐ ܩܢܝܢ .ܘ� ܗ ݂ܘܐ ܐܬܒܪܝ .ܘܓܒܪܐ ܘܐܢ̄ܬܬܐ ܒܠܚܘܕ ܩܢܝܢܗܘܢ ܕܓܘܐ ̄ܗ ݂ܘ ܐ� ܐܦ ̈ ܕܚܕܕܐ ܐܝܬܝܗܘܢ. ̇ ̈ ܒܚܝܝܗ ܬܚܝܬ ܫܘܠܛܢܐ ܕܓܒܪܐ ܘܩܢܝܢܗ ] [F.20rܕܐܢ̄ܬܬܐ ܬܘܒ ̄ ̄ ܐܢܗܘ ܕܐܢܬܬܐ ܟܕ ܐܝܬܘܗܝ .ܕܒܕܓܘܢ ܛܠܘܡܝܐ ܗ ݂ܘ ܓܠܝܐ ܗܢܐ. ̤ ̇ ܕܒܥܠܗ ܐܝܬܘܗܝ ܘ� ܫܠܝܛܐ ܥܠܘܗܝ .ܘܒܙܒܢܐ ܕܡܘܬܗ ܚܝܐ ܟܠܗ ܩܢܝܢܗ ̈ ̄ �ܢܫ ̄ ܕܒܥܠܗ ̄ ̇ ̇ ܐܚܪܝܢ ܕܠܒܪ ݂ܡܢ ܐܢܬܬܗ ܢܦܩܘܕ ܩܢܝܢܗ .ܟܕ ܒܢܝܐ ܠܝܬ ܠܗ. ܟܕ ܛܒ ܐܢ ܚܬܝܬܐܝܬ ܡܬܒܩܐ ̄ ܐܢܫ ܒܨܒܘܬܐ ܗܕܐ .ܐܪܦܐ ܟܝܬ ̇ ̇ ̈ ܕܒܙܒܢ ܥܘܢܕܢܗ ܫܠܝܛܐ ܓܡܝܪܐܝܬ ܥܠ >ܩܢܝܢܗ< .132ܡܛܠ ܕܐܢ ܢܟܣܐ ̈ ܘܩܢܝܢܐ � ܩܢܐ ̇ ̈ ܘܒܢܘܗܝ � .ܒܡܘܬܗ ܐܦ� ܕܣܦܩ ܠܦܘܪܢܣܐ ܕܐܢ̄ܬܬܗ ̄ ̄ ̈ ܒܚܝܘܗܝ �ܢܫ ܐܚܪܝܢ ܫܠܝܛ >ܠܡܬܠܗ< .133ܗܕܐ ܕܥܠ ܐܚܐ ܕܬܬܐܡܪ ̇ ̄ � ܡܨܝܐ .ܒܗܝ ܕ� ܗ ݂ܘܐ ܟܠ ܐܡܬܝ ܕܐܚܐ ܡܒܓܢ ݂ܡܢ ܐܚܘܗܝ : ܕܠܚܡܐ ܘܦܘܪܢܣܐ � ̇ ܝܗܒ ݂ܠܝ .ܦܣܩܝܢܢ ܥܠܘܗܝ ܕܝܢܐ ܕܢܡ� ܣܘܢܩܢܗ.
.ܡܪܟܠ Ms.: .ܩܢܝܢܗ Ms.: (metathesis).ܕܡܠܬܗ 133 Ms.: 131 132
54 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Now the husband is obliged to respond to the needs of his wife at all times, and the wife is required, as long as she lives, to serve and obey her husband. We understand this from the truth of the facts that husband and wife form one house and family, but the husband’s 134 brothers are from different houses and families. On account of this, the property of the husband who is childless but has brothers should be inherited by the wife and not by his brothers. §2
You wrote: If a daughter marries during her father's lifetime, and her father gives her something from his asset, but later the father of the girl dies without writing a testament, does the daughter share in her father’s asset along with the other or not?
I reply as follows:
a daughter gets married, she is separated from her father and is in submission to her husband. If her father, while alive, made a promise to give her something and later on, through his promise , she receives a portion, with regard to her father’s inheritance, she has no partnership whatsoever. clear to everyone and does not require much inquiry. §3
Concerning this: If a man is about to depart from the world, does he have authority to deprive his wife from his asset because she would be married to another man?
I reply as follows:
Literally “the (married) brother,” whose brothers are not entitled to inherit him. 134
TEXT AND TRANSLATION
ܓܒܪܐ ܕܝܢ ܚܝܒ ܒܟܠܙܒܢ ܠܡܡܠܝܘ ܦܘܪܢܣܐ ܕܐܢ̄ܬܬܗ .ܘܐܢ̄ܬܬܐ ܚܝܒܐ ̇ ܠܒܥܠܗ .ܟܕ ݂ܡܢ ܫܪܪܗܘܢ ܕܣܘܥ�ܢܐ ܟܡܐ ܕܚܝܐ ܠܡܫܡܫܘ ܘܠܡܫܬܥܒܕܘ ̄ ̤ܗܝ ܗܕܐ ܡܕܪܟܝܢܢ :ܕܓܒܪܐ ܥܡ ܐܢܬܬܗ ܚܕ ܥܘܡܪܐ ܘܚܕܐ ܫܪܒܬܐ ܡܩܝܡܝܢ .ܐܚܐ ܕܝܢ ݂ܡܢ ܐܚܘܗܝ ܐܚ�ܢܝ ܥܘܡܪܐ ܘܫܪܒܬܐ ܐܝܬܝܗܘܢ. ܘܡܛܠܗܕܐ ܩܢܝܢܐ ܕܓܒܪܐ ܟܕ ̈ ̈ ܘܐܚܐ ܐܝܬ ݂ܠܗ .ܝܪܬܘܬܗ ܒܢܝܐ ܠܝܬ ܠܗ ̈ �ܚܘܗܝ. �ܢ̄ܬܬܗ ܙܕܩܐ ܘ� ̄ܗ ݂ܘܐ ̇ ̈ ܐܒܘܗ ̇ܗܘܝܐ ܠܓܒܪܐ : ܒܚܝܝ ܕܟܬܒܬ ܕܟܕ ܒܪܬܐ ܀ ܒ ܀ ܥܠ ̇ܗܝ ݂ ܠܗ ܒܬܪܟܢ ܕܝܢ ܐܒܐ ̇ ܘܝܗܒ ̇ ̇ ܘܐܒܘܗ ݂ܡܢ ܩܢܝܢܗ ܦܪܫ ܡܕܡ ݂ ̄ ܕܗܝ ܒܪܬܐ : ̈ ̇ ܩܐ .ܗܝ ܒܪܬܐ ܥܡ ܫܪܟܐ >ܕܝ�ܘܬܐ< .135ܡܢܬܐ ݂ ܥܢܕ ܟܕ � ܥܒܕ ܕܝܬ ݂ ̇ ̇ ܕܐܒܘܗ :ܐܘ �. ̇ܗܘܝܐ ܠܗ ݂ܡܢ ܩܢܝܢܐ ݂ ܐܡܪ ̄ ܗܕܐ ̇ ܐܢܐ. ̇ ܕܒܥܠܗ ݂ܡܢ ܗܘܬ 136ܠܓܒܪܐ ܘܒܡܬܛܦܝܣܢܘܬܐ ܒܕܡܢ ┐ܟܕܘ ܕܒܪܬܐ ݂ ̤ ̇ ̇ ̇ ̈ 137 ܐܒܘܗ ܦܪܫܬ .ܐ� ܐܢ ܐܒܘܗ .ܒܚܝܘܗܝ ܣܡ >ܥܡܗ< ܬܢܘܝ ܕܢܬܠ ̤ ̇ ̇ ̇ ̇ ܠܗ ܡܕܡ ܘܒܬܪܟܢ ܡܛܠ ܬܢܘܝ ܕܐܒܘܗ >ܕܥܡܗ< 138ܡܛܝܐ ܠܗ ܡܢܬܐ. ܕܐܒܘܗ .ܡܕܡ ܫܘܬܦܘܬܐ ܠܝܬ ̇ ̇ ܐ� ܒܝܪܬܘܬܐ ܠܗ> .ܘܗܕܐ< 139ܠܟܠ ̄ ܐܢܫ ܓܠܝܐ .ܘ� ܣܢܝܩܐ ܥܠ ܒܘܚܢܐ ܣܓܝܐܐ. ܀ ܓ ܀ ܥܠ ̇ܗܝ ܕܟܕ ܓܒܪܐ ݂ܢܥܢܕ ݂ܡܢ ܥܠܡܐ ܫܠܝܛ ܕܢܓܠܘܙ ܐܢ̄ܬܬܗ ݂ܡܢ ܕܗܘܝܐ ܠܓܒܪܐ ̄ ܩܢܝܢܗ .ܒܥܠܬܐ ̇ܗܝ ̇ ܐܚܪܢܐ. ܐܡܪ ̄ ܗܕܐ ̇ ܐܢܐ.
.ܕܝ�ܬܘܬܐ Ms.: ܗܘܬ ܟܕܘ Ms.: switched by the scribe. ̤ .ܥܡܗ 137 Ms.: .ܕܥܡܗ 138 Ms.: .ܘܟܠ ܠܟܠ 139 Ms.: 135 136
56 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR The man has authority over his property, but [F. 20v] in this world, there are customs and laws that are held and are valid: it is not lawful that a man, at the time of his death, leaves his wife without support. It is also not lawful that he assigns (in his will) some of his property to be given in alms and to other venues, except that, depending on the size of what he owns, he assigns to his wife sufficient support and gives it to her.
Now I say another thing more important than this. Notwithstanding what your holiness wrote that the husband has authority his wife of his asset so that she would not marry another man, I truly say that she is partner in his entire asset, and (while) in the Church adultery and debauchery are wholly excluded, a second marriage is permissible by the Apostle. 140
I am aware that if a woman is without provision allowing her to remarry, how many times, under the pressure of natural desire, is she drawn toward fornication which divine law wholly abhors! Therefore, a portion seems to me (appropriate) even if (her husband) is unwilling to give her the full share. It is blatantly unjust if he does not give her a portion of his property with which she can remarry. (Deprivation) is the cause of adultery and fornication for the woman, a matter that we occasionally face.
Romans 7:3; I Corinthians 7:39.
TEXT AND TRANSLATION
ܕܓܒܪܐ ܥܠ ܩܢܝܢܗ ܫܠܝܛ .ܒܪܡ ] [F.20vܒܥܠܡܐ ܗܢܐ ܥܝܕܐ ܘܢܡܘܣܐ ܐܚܝܕ ܘܪܕܐ .ܕܓܒܪܐ ܒܙܒܢ ܡܘܬܗ � ܫܠܝܛ ܠܡܫܒܩ ܐܢ̄ܬܬܗ ܕ� ̈ ܕܒܙܕܩܬܐ ܘܬ̈ܪܥܐ ̄ ܦܘܪܢܣܐ .ܘܐܢ ܡܕܡ ܕܐܝܬ ܠܗ ̇ ܢܬܝܗܒ ܐܚ�ܢܐ ܦܩܕ ݂ ̇ ̇ � ܫܠܝܛ .ܐ� ܐܢ ܠܦܘܬ ܟܡܝܘܬܐ ܕܡܕܡ ܕܩܢܐ ܗܘ ܡܐ ܕܣܦܩ ܘܝܗܒ ̇ ܠܬܘܪܣܝܐ ܕܐܢ̄ܬܬܗ .ܦܠܓ ݂ ̄ ܠܗ. ܐܡܪ ̄ ܐܢܐ ܕܝܢ ܐܦ ̄ ̇ ܐܢܐ .ܕܐܪܦܐ ܟܝܬ ܐܚܪܬܐ ܕܪܒܐ ݂ܡܢ ܗܕܐ ܪܫܡܬ :ܕܓܒܪܐ ܒܥܠܬ ܕ� ܬܗܘܐ ܐܢ̄ܬܬܗ ܕܬܗܘܐ ̇ܗܝ ܕܩܕܝܫܘܬܟ ̤ ܠܓܒܪܐ ̄ ̇ ܐܡܪ ܐܚܪܢܐ ܫܠܝܛ >ܕܢܓܠܙܝܗ< ݂ 141ܡܢ ݂ ܩܢܝܢܗ .ܐ� ܕܫܪܪܐ ݂ ̄ ܒܟܠܗ ܩܢܝܢܗ ܫܘܬܦܬܐ ܗ݂ܝ .ܡܛܠ ܕܒܥܕܬܐ ܓܘܪܐ ܘܙܢܝܘܬܐ ܠܓܡܪ ܛܪܝܕܐ .ܘܙܘܘܓܐ ܬܪܝܢܐ ݂ܡܢ ܫܠܝܚܐ ܡܦܣ. ܘܝܕܥ ̄ ̇ ܕܐܢܗܘ ܕܠܝܬ �ܢ̄ܬܬܐ ܡܕܡ ܕܒܗ ܡܨܝܐ ▱ ܕܬܙܕܘܕ ܐܢܐ ̤ ̈ ̈ ܕܚܘܬܚܬܐ ܕܟܝܢܐ ܠܙܢܝܘܬܐ ܙܒܢܝܢ ݂ܡܢ ܩܛܝܪܐ ܕܬܗܘܐ ܠܓܒܪܐ .ܟܡܐ ̇ ܡܬܢܬܦܐ ܗܕܐ ܕܢܡܘܣܐ ܐܠܗܝܐ ܠܓܡܪ ܡܣ� ܠܗ .ܕܒܕܓܘܢ ܡܢܬܐ ܡܬܚܙܝܐ ܠܝ :ܕܐܦܢ ܡܢܬܐ ܡܫܡܠܝܬܐ � ܡܬܛܦܝܣ ܕܢܬܠ ݂ ̇ ܠܗ :ܐ� ݂ ̇ܗܘ ܡܕܡ ܕܒܗ ܡܫܟܚܐ ܕܬܙܕܘܕ ܕܬܗܘܐ ܠܓܒܪܐ ┐ܠܦܘܬ 142ܟܡܝܘܬܐ ܝܗܒ ̇ ܕܩܢܝܢܗ ܟܕ � ̇ ܘܗܘ ܐܝܬܘܗܝ ܥܠܬܐ ܠܗ ܛܠܘܡܝܐ ̇ܗܘ ܓܠܝܐ. ̤ ̄ ̇ ܡܛܬ. ܕܝܠܗ ܕܐܢܬܬܐ .ܘܗܕܐ ܨܒܘܬܐ ܒܙܒܢ ܩܕܡܝܢ ܕܓܘܪܐ ܘܙܢܝܘܬܐ ̤
̇ ,ܕܢܥܠܙܝܗ Ms.: confusing gōmal with ʿayn. Inserted in the right margin.
58 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Just as we sanctioned that sustenance and support should be given to her, so too we decreed that whatever share she can be provided with should be given to her if she decides to remarry. This also prevents her from bringing into the Church fornication, adultery, and impurity on the pretext of of possessions. Pagan people do make law concerning this matter because for them an adulterous and fornicating woman is not rejected, 143 but in the Church of Christ adultery and fornication are wholly banished. It is not proper to do injustice to the woman, and to achieve this issue, that (sanction) takes place. §4
You wrote: A Christian husband has a partnership with his wife in his current and future assets; if he does not have a partnership with her, (after he dies) what portion would she get from her husband’s asset: great, small, or nothing? I reply as follows:
Any husband lacking partnership [F. 21r] with his wife in his asset, but providing her a portion from it for her sustenance—as the Church sanctions—this is enough for her. (After he dies) it is lawful, if she wishes, to remarry, but she does not get a full portion. If he makes an agreement with her, sharing with her his entire assets, then he has no right to make another agreement outside the one made .
For Sachau, Syrische Rechtsbücher, the term “pagan” refers to Zoroastrians but noticed that for Mazdeism adultery was a sin; Sachau, p. 236. Nonetheless, Simeon possibly refers to paganism in general which is considered immoral in any case. Jacob of Sarug, commenting on the statue which Nebuchadnezzar established to be worshipped by people as an opportunity to commit fornication; Homiliae Selectae Mar-Jacobi Sarugensis edited by Paul Bedjan (Paris-Leipzig, 1902, 2nd ed. Piscataway: Gorgias Press, 2006), vol. 2, p. 103. 143
TEXT AND TRANSLATION
ܘܐܟܡܐ ܕܬܪܣܝܬܐ ܘܦܘܪܢܣܐ ܦܣܩܢܢ ܕܡܬܝܗܒ ݂ ̇ ܠܗ :ܗܟܘܬ ܐܦ ̇ܗܘ ̇ ܡܐ ܕܒܗ ܡܫܟܚܐ ܕܬܙܕܘܕ ܐܢ ܒܥܝܐ ܕܬܗܘܐ ܠܓܒܪܐ ܚܪܩܢܢ ܥܠܝܗ. ܕ� ܒܥܠܬ >ܒܨܝܪܘܬ< 144ܩܢܝܢܐ ܙܢܝܘܬܐ ܘܓܘܪܐ ܘܛܢܦܘܬܐ ܠܥܕܬܐ ̤ ܬܥܘܠ̈ . ܫܪܒܐ. ܚܢܦܐ ܕܝܢ ܡܛܠܗܕܐ >�< 145ܥܒܕܝܢ ܕܝܢܐ ܥܠ ܗܢܐ ݂ ܡܛܠ ܕܐܢ̄ܬܬܐ ܓܝܪܬܐ ܘܙܢܝܬܐ ܠܘܬܗܘܢ � ܡܣܠܝܐ .ܒܥܕܬܗ ܕܝܢ ܘܙܢܝܘܬܐ :ܠܓܡܪ ܕܚܩܐ̇ � .ܙܕܩ ܠܡܛܠܡ ܐܢ̄ܬܬܐ. ܕܡܫܝܚܐ :ܕܓܘܪܐ ݂ ܡܛܠ ̇ܗܘ ܡܕܡ ܕܠܫܘܡܠܝܐ ܕܗܕܐ ܨܒܘܬܐ ̇ܗܘܐ. ܕܟܬܒܬ ܕܓܒܪܐ ܟܪܣܛܝܢܐ ܟܕ ܡܫܬܘܬܦ �ܢ̄ܬܬܐ ܀ ܕ ܀ ܥܠ ̇ܗܝ ݂ ̇ ܘܕܗܘܐ ܠܗ .ܐܘ ܟܕ � ܡܫܬܘܬܦ ܠܗ :ܡܢܬܐ ܝܬܝܪܬܐ ܒܩܢܝܢܐ ܕܐܝܬ ̤ ̇ ̇ 146 ܐܘ ܒܨܝܪܬܐ ̇ܗܘܝܐ ܠܗ݂ .ܡܢ ܩܢܝܢܐ ܕܒܥܠܗ .ܐܘ ܗܘ �: ݂ ܐܡܪ ̄ ̇ ܐܢܐ ܗܟܢܐ. ܒܩܢܝܢܗ. ܥܒܕ ܫܘܬܦܘܬܐ ▱ ]� [F.21rܢ̄ܬܬܗ ݂ ܕܐܝܢܐ ܓܒܪܐ ܕ� ݂ ̇ ܝܗܒ ̇ ܒܪܡ ̇ ܕܡܢܗ ܡܫܟܚܐ ܠܡܬܬܪܣܝܘ .ܐܝܟ ܦܣܩܐ ܠܗ ܡܢܬܐ ̇ ̇ ܥܕܬܢܝܐ .ܗܝ ܕܡܠܝܐ ܠܗ ܐܦ ܟܕ ܒܥܝܐ ܠܡܗܘܐ ܠܓܒܪܐ ܫܠܝܛ ܟܕ ̇ ܡܢܬܐ ܡܫܡܠܝܬܐ � ݂ܝܗܒ ̇ ܥܡܗ. ܠܗ .ܐܢ ܕܝܢ ܬܢܘܝ ܣܝܡ ܠܗ ̇ ܕܥܡܗ< 147 ܕܡܫܘܬܦܐ ̄ܗ݂ܝ ܠܗ ܒܟܠܗ ܩܢܝܢܗ .ܗܝܕܝܢ ܠܒܪ ݂ܡܢ ܬܢܘܝ > ̄ ܐܚܪܢܝܐܝܬ � ܫܠܝܛ ܠܡܥܒܕ.
.ܒܨܝܪܘ Ms.: Necessary addition. 146 Ms.: Sic. .ܕܥܡܗ147 Ms.: 144 145
60 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §5
You wrote: A man who has a wife and sons, as well as daughters who, while he is alive, are married; some of the sons have wives and sons, but others do not. Later on, this man, along with the sons who have wives and children, and the ones who are childless, are killed either in war or at king’s order. get a share from the assets of their father or not? I reply as follows:
If the sons who have wives and children die before their father, the share of these fathers goes to their children.
If the (married sons) die their father very long time after him, this enables the sons to inherit the assets of their father; (otherwise,) it is clear that they do not inherit anything. And if they do not receive anything, it is also clear that the shares of the inheritance go to no one else (among the children). Rather, one half of the assets of that man is due to his wife, and another half (is due) to the children and widows of his sons.
As for the daughters (of the deceased man), it is done as I wrote above: 148 if they are married, they have no part and no partnership (in their father’s assets), unless their father, (while alive) or while he is dying, signed an agreement with them, bequeathing something for them. 149
See §2. Vat. Ar. 153, F.210a: “Simeon of Persia: If a man has sons and married daughters, and if some of the sons have wives and children, while others have not; it happened that this (man) and his children, both who have children and those who are childless, are killed in a war, the killed ones having children and wives [their share goes] to their wives and their children if the (sons) are killed after or with their father. If they are killed before him (=their father), their estate are for their children. And those (sons) who do not have children or …” 148 149
TEXT AND TRANSLATION
̈ ܘܒܢܝܐ ܐܝܬ ܠܗ. ܕܟܬܒܬ ܕܓܒܪܐ ܐܝܢܐ ܕܐܢ̄ܬܬܐ ܀ ܗ ܀ ܥܠ ̇ܗܝ ݂ ̈ ̈ ̈ ̈ ܒܚܝܘܗܝ ܗܘܝܢ ܠܓܒ�ܐ .ܘܒܢܘܗܝ ┐ܕܐܝܬ 150ܡܢܗܘܢ ܕܐܝܬ ܘܒܢܬܗ ܘܐܝܬ ܕܠܝܬ ܠܗܘܢ .ܘܒܬܪܟܢ ܗܘ ܗܢܐ ܥܡ ̈ ̈ ܠܗܘܢ ̈ ܒܢܘܗܝ ܘܒܢܝܐ. ܢܫܐ ݂ ̤ ̈ ̇ ̈ ܕܐܝܬ ܠܗܘܢ ܢܫܐ ܘܒܢܝܐ :ܘܗܢܘܢ ܕܠܝܬ ܠܗܘܢ ܒܩܪܒܐ ܐܘ ݂ܡܢ ܦܘܩܕܢܐ ܘܒܢܝܐ ܕܐܝܬ ܠܗܘܢ ̇ ܕܡܠܟܐ ܢܬܩܛܠܘܢ ̇ :ܗܢܘܢ > ̈ ܠܗܢܘܢ ̈ ̈ ܒܢܝܐ< 151 ܢܫܐ �: ݂ : ܘܡܢ ܩܢܝܢܐ ܕܐܒܘܗܘܢ ̇ܗܘܝܐ ܠܗܘܢ ܡܢܬܐ ܐܘ ݂ ܐܡܪ ̄ ܗܕܐ ̇ ܐܢܐ152 . ܕܢܫܐ ̈ ܕܗܢܘܢ ̈ ̇ ܒܢܝܐ ̈ ܥܢܕܝܢ : ܘܒܢܝܐ ܕܐܝܬ ܠܗܘܢ .ܐܢ ݂ܡܢ ܩܕܡ ܐܒܘܗܘܢ ݂ ̈ ܡܢܬܐ ݂ܕܡܢ ܐܒܘܗܘܢ ܠܒܢܝܗܘܢ ܡܛܝܐ. ܘܐܢ >ܥܡ< 153ܐܒܘܗܘܢ ܐܘ ݂ܡܢ ܒܬܪ ܐܒܘܗܘܢ � >ܕܝܢ< 154ܟܡܐ ܙܒܢܐ ܕܡܨܝܐ ܕܒܗ ܢܐܪܬܘܢ ̈ ܒܢܝܐ ܩܢܝܢܐ ܕܐܒܘܗܘܢ .ܓܠܝܐ ̄ܗ݂ܝ ܕܠܗܘܢ � ̇ܡܛܐ ܡܕܡ .ܘܟܕ ܡܕܡ ܠܗܘܢ � ̇ܡܛܐ .ܓܠܝܐ ̄ܗ݂ܝ ܕܐܦ� ܡܢܬܗܘܢ ܘܝܪܬܘܬܗܘܢ ̄ �ܢܫ ܡܛܝܐ .ܐ� ܩܢܝܢܐ ̇ ܓܒܪܐ :ܦܠܓܗ ܕܗܘ ݂ ̈ �ܢ̄ܬܬܗ ̇ܙܕ ݂ܩ .ܘܦܠܓܗ ̈ ̇ ̈ ܠܒܢܝܐ ܘܢܫܐ ܕܗܢܘܢ ܒܢܝܐ. ̈ ܟܬܒܬ .ܕܟܕ ܡܢ ܟܕܘ ̈ ܗܘܝ ܡܛܠ ܒܢܬܗ ܕܝܢ ܗܟܢܐ ܢܬܥܒܕ .ܐܟܡܐ ݂ܕܡܢ ܠܥܠ ݂ ݂ ܦܩܕ ܠܓܒ�ܐ :ܐ� ܟܕ ܐܒܘܗܝܢ ܥܒܕ ܥܡܗܝܢ ܬܢܘܝ :ܐܘ ܒܙܒܢ ܥܘܢܕܢܗ ݂ ܒܗܝܢ ܡܕܡ .ܐ� ̈ ܡܢܬܐ ܘܫܘܬܦܘܬܐ ܠܝܬ ܠܗܝܢ.
Dōlat above the line. ̈ ;ܒܢܝܐ ܕܐܝܬ ܠܗܘܢ ̈ ̈ ܘܒܢܝܐ Ms.: ܢܫܐ so rightly in Sachau, Syrische Rechtsbücher, p. 241 n. 1. The correction is also confirmed in the following Arabic translation. ﺷﻤﻌﻮن اﻟﻔﺎرﺳﻲ :إذا ﻛﺎن 152 Vat. Ar. 153, F.210a (text not complete): ﻣﺰوﺟﺎت واﻟﺒﻨﻮن ﻣﻨﮭﻢ ﻣﻦ ﻟﮫ ﻧﺴﺎ واوﻻد وﻣﻨﮭﻢ ﻣﻦ ﻟﯿﺲ ﻟﮭﻢ واﺗﻔﻖ ﻟﮭﺬا ﻻﻧﺴﺎن ﺑﻨﻮن وﺑﻨﺎت ّ واوﻻده اﻟﺬﯾﻦ ﻟﮭﻢ اوﻻد واﻟﺬﯾﻦ ﻟﯿﺲ ﻟﮭﻢ اوﻻد واﻟﺬﯾﻦ ﻗﺘﻠﻮا ﻓﻲ اﻟﺤﺮب ﻓﮭﻢ اﻟﻤﻘﺘﻠﯿﻦ وﻟﮭﻢ اوﻻد وﻧﺴﺎ ﻟﻨﺴﺎﺋﮭﻢ واوﻻدھﻢ ان ﻗﺘﻠﻮا ﺑﻌﺪ اﺑﯿﮭﻢ او ﻣﻌﮫ وان ﻗﺘﻠﻮا ﻗﺒﻠﮭﻢ ﻓﻤﺎﻟﮭﻢ ﻻوﻻدھﻢ ﺣﺴﺐ واﻟﺬﯾﻦ ﻻ اوﻻد ﻟﮭﻢ وﻻ ... 153 Ms.: empty space; necessary addition. 154 Ms.: empty space. 150 151
62 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §6
You wrote: A man, while alive, divides his assets among his children, and while alive, of his sons dies, having no wife and children, who inherits the asset of the deceased son? I reply as follow:
All the asset of the son 155 who dies while his father is alive was derived from his father’s assets, but if the son gathered it out of his own work, (in these cases all) goes to his father.
A husband has a partnership with his wife in his assets, and begets children from her, but later this wife dies; the man marries another woman and also from this woman [F. 21v] begets children, and then he dies without leaving wills. How to divide the assets between the sons of the wife (in the assets) and the sons of the other woman? It seems to me that this case ought to be as follows:
TEXT AND TRANSLATION
̈ ̈ ܢܦܠܓ : ܠܒܢܘܗܝ ܒܚܝܘܗܝ ܩܢܝܢܗ ܕܟܬܒܬ :ܕܟܕ ܓܒܪܐ ܀ ܘ ܀ ܥܠ ̇ܗܝ ݂ ݂ ̈ ̄ ̈ ̈ ܘܒܚܝ ̄ܘ >ܚܕ< ݂ 156ܡܢ ܒܢܘܗܝ ܕܠܝܬ ܠܗ ܐܢܬܬܐ ܘܒܢܝܐ ܢܡܘܬ .ܡܢܬܐ ̇ ̇ ܘܝܐ : ܕܗܘ ݂ ܕܥܢܕ ݂ܠܡܢ ܗ ݂ ܐܡܪ ̄ ̇ ܐ ݂ܢܐ ܗܟܢܐ. ̇ ̈ ܕܗܘ ܐܚܐ 157 ܥܢܕ .ܟܠ ܩܢܝܢܐ ܕܐܝܬ ܠܗ ݂ܡܢ ܝܪܬܘܬܐ ܕܒܚܝܝ ܐܒܘܗܝ ݂ ̈ ܟܢܫܗ � :ܒܘܗܝ ̇ܡܛܐ. ܕܐܒܘܗܝ ܘܐܢ ݂ܡܢ ܥܡ� ܕܐܝܕܘܗܝ ݂ ̈ ̇ ܀ ܙ ܀ ܥܠ ̇ܗܝ ܕܟܕ ܓܒܪܐ ܢܫܘܬܦ ܐܢ̄ܬܬܗ ܒܩܢܝܢܗ ܘܢܘܠܕ ܡܢܗ ܒܢܝܐ ܘܗܘ ܓܒܪܐ ܐܢ̄ܬܬܐ ܢܫܩܘܠ .ܘܐܦ ݂ܡܢ ܘܒܬܪܟܢ ܗ ̤ܝ ܐܢ̄ܬܬܐ ܬܡܘܬ. ̤ ̇ܗܝ ܐܢ̄ܬܬܐ ] [F.21vܢܘܠܕ ̈ ̇ ܒܢܝܐ .ܘܒܬܪܟܢ ܗܘ ܗܢܐ ܡܐܬ .ܟܕ � ܥܒܕ 158 ̤ ̈ ܕܝܬܩܐ̈ . ܒܢܝܐ ܕܐܢ̄ܬܬܐ >ܕܡܫܘܬܦܐ< 159ܥܡ ̈ ܒܢܝܐ ܕܐܢ̄ܬܬܐ ̄ ܚܪܬܐ ܐ ݂ ̈ :ܐܝܟܢܐ ܡܦܠܓܝܢ ܩܢܝܢܐ160 . ܗܟܢܐ ܡܬܚܙܝܐ ܠܝ ܕܗܝܕܝܢ ̇ܙܕܩ >ܠܡܦܣܩ< 161ܕܝܢܐ ܥܠ ܗܢܐ ܫܪܒܐ.
.ܕܚܕ Ms.: .ܒܪܐ Ms.: Sic; it should be 158 It seems that the scribe had added the wāw of the plural but then deleted it. .ܕܡܘܬܦܐ 159 Ms.: ﺷﻤﻌﻮن اﻟﻔﺎرﺳﻲ :اذا اﺧﺘﻠﻂ ﻣﺎل اﻟﺮﺟﻞ واﻟﻤﺮأة وان ﻟﮫ 160 Vat. Ar. 153 F. 208a: وﺗﺰوج ﺑﺎﺧﺮى واوﻟﺪھﺎ وﻣﺎت ﺑﻐﯿﺮ وﺻﯿﺔ اذا ظﮭﺮت اﻟﻤﻮاﻓﻘﺔ ﺑﯿﻨﮫ وﺑﯿﻦ ﻣﻨﮭﺎ اوﻻد وﻣﺎﺗﺖ ّ اﻟﺰوﺟﺔ اﻻوﻟﻰ ّ وان ﻣﺎﻟﮭﺎ واوﻻدھﺎ ﻟﮫ وان ﻣﺎﺗﺖ ﯾﻌﻮد ﻣﺎﻟﮭﺎ اﻟﻰ زوﺟﮭﺎ واذا ﺗﺰوج ﺑﺎﺧﺮى وﻣﺎت اﻗﺘﺴﻢ ... .ܠܡܦܣܦ 161 Ms.: 156 157
64 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR The document signed by the husband for the first wife must be produced and the way she had a partnership with him (in the assets) must be known. If it is written: “ that I have attained during my life will be yours and the children that I will have from you; you are my partners;” and if the wife departs from the world during the lifetime of her husband, her asset and share go back to her husband. After the father dies, the sons from the wife who had no partnership (in the assets) and those of the wife who had partnership divide the asset of their father equally. If an agreement was done with different terms, it ought to be decided and reckoned according to what is signed. 162 §8
You wrote: A man has a mother and sisters; the mother (after his death) and some of the sisters get married, and the (unmarried) remainder did not . When the man dies, to whom is his asset due? This is how it ought to be decided:
A man who has no wife, children, and brothers, while he has a mother and sisters, his asset is not due to his sisters but to his mother.
Vat. Ar. 153 F. 208a: Simeon of Persia: If the estate of the husband and wife is common, if he has children from her and then she died, and if he married another woman and begot children from her and then he died without writing a will, when the agreement between him and the first wife shows that her estate and children are his, if she dies, her possession returns to her husband. If he marries another woman and she dies, they divide …” 162
TEXT AND TRANSLATION
ܟܕ ܫܛܪܐ ܕܓܒܪܐ ܕܚܬܝܡ ܠܗ ܠܦܘܬ ܐܢ̄ܬܬܗ ܩܕܡܝܬܐ .ܠܡܨܥܬܐ ܢܬܬܝܬܐ ܘܢܬܝܕܥ .ܕܐܝܟܢܐ ܡܫܘܬܦܐ ܥܡܗ .ܘܐܢ ܗܟܢܐ ܟܬܝܒ ܠܗ ̈ ̈ ̄ ̇ ̈ >ܕܩܢܝܢܐ< 163 ܫܘܬܦܐ ܘܝܢ : ܕܒܚܝܝ ܠܝ ݂ ܡܛܐ ̄ :ܐܢܬܝ ܘܒܢܝܐ ݂ܕܡܢܟܝ ݂ܠܝ ܗ ݂ ̇ ̈ 164 ܐܝܬܝܟܘܢ ܠܝ .ܗܝܕܝܢ ܟܕ ܐܢܬܬܐ ܒܚܝܝ ܒܥܠܗ ݂ܡܢ ܥܠܡܐ ܬܦܘܩ. ܘܗܢܘܢ ̈ ܒܢܝܐ ̇ ܘܡܛܐ̇ . ̇ ̇ ܠܒܥܠܗ ̇ܦܢܐ ̇ ݁ ܕܗܘܝܢ ݂ܡܢ ܐܢ̄ܬܬܐ ܘܡܢܬܗ ܩܢܝܢܗ ̄ ̇ ܕ� ܡܫܘܬܦܐ ܒܬܪ ܥܘܢܕܢܐ ܕܐܒܘܗܘܢ :ܥܡ ܗܢܘܢ ݂ܕܡܢ ܐܢܬܬܐ ܕܡܫܘܬܦܐ ܫܘܝܐܝܬ ܡܦܠܓܝܢ ܩܢܝܢܐ ܕܐܒܘܗܘܢ ܘܐܢ ܬܢܘܝ ܒܙܢܐ ̄ ܐܚܪܢܐ ܥܒܝܕܐ .ܐܟܡܐ ܕܚܬܝܡ ܗܟܢܐ ̇ܙܕܩ ܠܡܦܣܩ ܘܠܡܕܢ. ̈ ܘܐܚܘܬܐ ܐܝܬ ܠܗ :ܘܐܡܐ ܕܟܬܒܬ ܕܟܕ ܓܒܪܐ ܐܡܐ ܀ ܚ ܀ ܥܠ ̇ܗܝ ݂ ̈ ܚܕܚܕܢܝܬܐ ݂ܡܢ ܐܚܘܬܗ ̈ ̈ ܥܡ ܥܢܕ< .165ܟܕ ܫܩܝܠܢ ܠܓܒ�ܐ .ܘܕܫܪܟܐ � > ݂ ̇ ̇ ܫܪܒܐ : ܥܠܡܐ ܠܡܢ ܙܕܩ ܗܢܐ ܥܢܕ ݂ܡܢ ݂ ݂ ܗܟܢܐ ̇ܙܕܩ ܕܢܬܦܣܩ. ̈ ܓܒܪܐ ܕܐܢ̄ܬܬܐ ̈ ̈ ܘܐܚܘܬܐ ܐܝܬ ݂ܠܗ : ܘܐܚܐ ܠܝܬ ܠܗ .ܘܐܡܐ ܘܒܢܝܐ ̈ �ܚܘ ݂ ̇ ܬܗ :ܐ� �ܡܗ ̇ܙܕܩ. ܩܢܝܢܗ � ̄ܗ ݂ܘܐ
̈ ,ܕܩܢܝܢܐMs.: . but the verb is in the singular. Kōf placed above hē, to be read as above. ̇ .ܥܢܕ 165 Ms.: 163 164
66 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §9
You wrote: A man owns much wealth and his brothers and sisters are poor. He has a wife, but he dies without writing a will. Despite the advice of the Church to give to those poor ones (some of the assets), his wife, willingly, does not want (to give). How does this case be solved?
I thus reply:
If she will not be persuaded advice and admonition given to her on behalf of the poor (so as to help), it is not right to make against her any juridical decision.
You wrote: A man says to his father: “Divide your assets and give me the share that falls to me from your estate.” I thus reply:
Disregard the fact that the father, as long as he is alive, has the right not to give him any share. But if he has a child or a crippled son, who cannot live without his father’s asset, the (father) is compelled under law to let him inherit [F. 22r] from his asset. 166
Vat. Ar. 153, F. 127a: “Simeon: If the wife or the son requested an inheritance during the lifetime of the husband and father, they are (for: he is) able not give to both of them. If he has authority not to give them at the time of his death, how much more does he have during his lifetime. But if the man has a child who is either young or chronically ill and cannot live without the state of his father, the latter cannot refuse his inheritance to him.” 166
TEXT AND TRANSLATION
ܕܟܬܒܬ :ܕܓܒܪܐ ܟܕ ܩܢܝܢܐ ܣܓܝܐܐ ܐܝܬ ܠܗ : ܀ ܛ ܀ ܥܠ ̇ܗܝ ݂ ̈ ̄ ̈ ̈ ̇ ܘܐܚܘܬܗ ܡܣܟܢܝܢ :ܘܐܢܬܬܐ ܐܝܬ ܠܗ :ܘܕ� ܕܝܬܩܐ ܡܐܬ: ܘܐܚܘܗܝ ▱ ܘܐܢ̄ܬܬܗ ܒܨܒܝܢܗ ܘܒܡܠܟܐ ܕܥܕܬܐ ̇ ̈ ܠܗܢܘܢ 167 ܡܣܟܢܐ ܡܕܡ ܨܒܘܬܐ : ܒܝܐ .ܐܝܟܢ ̇ܙܕܩ ܕܬܬܦܪܢܣ ܗܕܐ ݂ ܠܡܬܠ � ̇ܨ ݂ ܐܡܪ ̄ ܗܟܢܐ ̇ ܐܢܐ. ܕܐܢ � ܡܛܠ ܡܣܟܢܘܬܗܘܢ ̇ ܕܗܢܘܢ >ܒܙܢܐ< ݂ 168ܕܡܠܟܐ ܘܡܪܬܝܢܘܬܐ ̇ ̇ ̈ ܢܬܐܡܪ ̇ ܙܢܝܢ ܦܣܩܐ ̈ ܠܗ .ܐ� ܒܚܕ ݂ܡܢ ̈ ܘܕܝܢܐ ܠܡܦܣܩ ܥܠܝܗ � ܙܕܩ. ܕܟܬܒܬ ܕܟܕ ܓܒܪܐ ̇ ܐܡܪ �ܒܘܗܝ ܕܦܠܓ ܩܢܝܢܟ ܘܗܒ ܠܝ ܀ ܝ ܀ ܥܠ ̇ܗܝ ݂ ܡܢܬܐ ̇ ܕܡܛܝܐ ܠܝ ݂ܡܢ ܒܝܬܟ ܐܡܪ ̄ ܗܟܢܐ ̇ ܐܢܐ. ̈ ܕܒܚܝܘܗܝ ܫܠܝܛ ܠܗ ܕ� ܢܬܠ ܡܢܬܐ .ܐܢ ܕܝܢ ܐܝܬ ܕܗܘ ܗܢܐ ܐܪܦܐ ̤ ܠܗ ܒܪܐ ܕܛ� ܐܘ ܕܣܓܝܦ .ܕܐ� ܐܢ ݂ܡܢ ܩܢܝܢܐ ܕܐܒܘܗܝ .ܐ� � ܡܨܐ ܠܡܚܐ � :ܫܠܝܛ ܐ� ܐܢ ܡܘܪܬ ] [F.22rܠܗ ݂ܡܢ ܩܢܝܢܗ. 169 ݂
First nūn inserted above the line. .ܒܙܒܢܐ Ms.: ﺷﻤﻌﻮن :اذا اﻟﺘﻤﺴﺖ اﻟﺰوﺟﺔ او اﻻﺑﻦ ﺳﮭﻤﺎ ﻓﻲ ﺣﯿﺎة 169 Vat. Ar. 153, F. 127a: اﻟﺰوج واﻻب ﻓﻠﮭﻤﺎ اﻻ ﯾﺪﻓﻌﺎ )ﻓﻠﮫ اﻻ ﯾﺪﻓﻊ؟( اﻟﯿﮭﻤﺎ ﻓﺎذا ﻛﺎن ﻓﻲ وﻗﺖ ﻣﻮﺗﮫ ﻟﮫ ﺳﻠﻄﺎن ان ﻻ ﯾﺪﻓﻊ اﻟﯿﮭﻤﺎ ﻓﻜﻢ اوﻟﻰ ﻓﻲ ﺣﯿﻮﺗﮫ وان ﻛﺎن ﻻﻧﺴﺎن وﻟﺪ ھﻮ ﺻﺒﻲ زَ ﻣِ ﻦ وﻻ ﺣﯿﺎة ﻟﮫ اﻻّ ﻣﻦ ﻣﺎل اﺑﯿﮭﻢ ﻓﻼ ﯾﺠﻮز ان ﯾﻤﻨﻌﮫ ﻣﯿﺮاﺛﮫ. 167 168
68 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §11
On whether it is lawful for a member of the clergy to marry his slave, and if he marries her, if his sons through her are eligible for ecclesiastical ranks. I reply as follows:
If the member of the clergy does not free his slave, he has no right to marry her, because if he does not free her, (by marrying her) he would commit adultery with her. But if he marries her in legal matrimony, that woman would not be his slave—she is his wife.
On whether one born of a slave can be ordained by the Church. I thus reply:
Any slave whose master give him a bill of freedom, it is not right to admit him into any ecclesiastical rank, as is also written in the synods of the episcopal fathers. As for (the slave) whom his master frees, according to the custom that runs in the Church, and depending on his education, age, and conduct, he is fit for episcopacy, to be accepted and honoured along with his other colleagues.
On this issue, it is wrong to write a ruling, as each case differs with every place and person. Nonetheless, that a slave should in no way be accepted into (a rank) in the Church is commanded by the early fathers.
TEXT AND TRANSLATION
܀ ܝܐ ܀ ܥܠ ̇ܗܝ ܕܐܢ ܫܠܝܛ ܓܒܪܐ ݂ܡܢ ܩܠܪܘܣ ܐܡܬܗ ̈ ܒܢܫܐ ܠܡܠܒܟ. ܢܠܒܟܝܗ ̈ ܕܗܘܝܢ ܠܗ ̇ ܒܢܝܐ ̇ ̇ ܡܢܗ ܒܕ̈ܪܓܐ ܕܥܕܬܐ ̇ܙܕܩ ܕܢܬܝܩܪܘܢ. ܘܕܐܢ ܐܡܪ ̄ ܗܕܐ ̇ ܐܢܐ. ܠܡܠܒܟܗ ̈ ̇ ܒܢܫܐ � : ܕܓܒܪܐ ܩܠܪܝܩܐ ܐ� ܟܕ ܡܚܪܪ ܐܡܬܗ :ܐ� ̇ ̇ܙܕܩ .ܡܛܠ ܕܐ� ܡܚܪܪ ݂ ̇ ܠܗ :ܨܒܘܬܐ ܕܙܢܝܘܬܐ ̇ܦܠܚ ܥܡܗ .ܐ� ܐܢ ̄ ܫܩܠ ̇ ̄ ܒܢܡܘܣܐ ̈ ܕܢܫܐ ̇ ܠܗ .ܗܝܕܝܢ � ܗ ݂ܘܐ ܐܡܬܗ ܐܢ ܐܢܬܬܗ ̤ܗܝ. ܘܥܠ ̇ܗܝ ܕܟܠ ̇ 170 ܕܗܘ ܕܡܬܝܠܕ ݂ܡܢ ܐܡܬܐ ܡܬܠܒܟ ܒܥܕܬܐ. ܐܡܪ ̄ ܗܟܢܐ ̇ ܐܢܐ. ܕܟܠ ܥܒܕܐ >ܐ�< 171ܡܪܗ ܫܛܪܐ ܕܚܐܪܘܬܐ ̇ ܝܗܒ ܠܗ .ܐ� ܒܚܕ ̈ ܠܡܬܩܒܠܘ .ܘܐܦ ܒܣܘܢܗܕܘܣ ܕܐܒܗܬܐ ݂ܡܢ ܕ̈ܪܓܐ ܕܥܕܬܐ � ̇ܙܕܩ ݂ ̈ ܐܦܝܣܩܘܦܐ ܗܟܢܐ ܟܬܝܒ̇ .ܗܘ ܕܝܢ ܕܡܪܗ ܡܚܪܪ ܠܗ ܠܦܘܬ ܥܝܕܐ ܕܪܕܐ ̄ ̇ ܒܥܕܬܐ ܘܐܝܟ ܕܘܪܫܗ ܘܡܫܘܚܬܗ ܘܕܘܒܪܗ ܙܕܩ ܠܗ �ܦܣܩܘ :ܕܥܡ ܫܪܟܐ ܕܚܒ�ܘܗܝ ܢܩܒܠܝܘܗܝ ܘܢܝܩܪܝܘܗܝ. ̇ ̄ ܠܡܟܬܒ � ܙܕܩ ܡܛܠ ܕ� ܗ ݂ܘܐ ܒܟܠ ܕܘܟ ܥܠ ܗܢܐ ܕܝܢ ܫܪܒܐ ܒܦܣܩܐ ݂ ܕܥܒܕܐ ̄ܗ ݂ܘ ܒܚܕ ݂ܡܢ ܘܒܟܠ ܦܪܨܘܦܐ ܗܟܢܐ ܐܝܬܘܗܝ .ܒܪܡ ܗܕܐ ܕܟܠ ݂ ̈ ̈ ܩܕܡܝܐ ܦܩܝܕܐ. ܙܢܝܢ ܒܥܕܬܐ � ̇ܙܕܩ ܠܡܬܩܒܠܘ .ܗܕܐ ݂ܡܢ
Ms.: Sic. �.ܐܢ Ms.:
70 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §12
You asked: A man has a wife and children according to the law. Later on, the wife dies and he begets children from his slave, but eventually he dies without leaving a will. The slave-born children dispute with the free-born children over the assets of their father. What is right to do? It should thus be sanctioned:
There is no mingling between the children of the slave and those of the free woman, as Scripture clearly states. The blessed Theodore (of Mopsuestia), in his Commentary on the Letter to the Romans, 172 elaborating on the verse: the children of the flesh are not the children of God, indicates that in the world (the rule) not only functions as explained above, 173 but also that one born of a slave remains a slave and enslaved, unless his master grants him manumission. §13
On the division of paternal inheritance among sons and daughters. I say what is just:
Half of the asset goes to the daughter from her father. Although [F. 22v] the Scripture is unclear on this matter, it is evident that sons, not daughters, everywhere hold the inheritance of their parents. As sons receive a greater portion of the inheritance, therefore, a full share is given to the son and a half share goes to the daughter for her household, provisions, and clothing.
Romans 9:8. Ms. “thus,” means “no mingling between the children of the slave and those of the free woman.” 172 173
TEXT AND TRANSLATION
܀ ܝܒ ܀ ܥܠ ̇ܗܝ ܕܫܐܠܬ ܕܟܕ ܓܒܪܐ ܐܢ̄ܬܬܐ ̈ ܘܒܢܝܐ ܢܡܘܣܐܝܬ ܐܝܬ ݂ ̈ ̄ ܘܡܢ ܐܡܬܗ ̇ܗܘܝܢ ܠܗ ܒܢܝܐ .ܘܒܬܪܟܢ ܠܗ .ܘܒܬܪܟܢ ̇ ̤ܗܝ ܐܢܬܬܐ ܡܝܬܐ ݂ ܓܒܪܐ ܕ� ̈ ̈ ̇ ܕܝܬܩܐ ܡܐܬ .ܘܒܢܝܐ ݂ܕܡܢ ܐܡܬܐ ܥܡ ̈ ܒܢܝ ܚܐܪܬܐ ܥܠ ܩܢܝܢܐ ܕܐܒܘܗܘܢ ܡܬܚܪܝܢ .ܐܝܟܢ ̇ܙܕܩ ܠܡܥܒܕ. ܗܟܢܐ ̇ܙܕܩ ܠܡܦܣܩ ̈ ܕܒܢܝܐ ܕܐܡܬܐ ܥܡ ̈ ܚܐܪܬܐ :ܚܘܠܛܢܐ ܡܕܡ ܠܝܬ ܠܗܘܢ .ܘܟܬܒܐ ܒܢܝ ݂ ̇ ܐܡܪ .ܘܛܘܒܢܐ ܬܐܕܘܪܘܣ ܒܦܘܫܩܐ ܕܐܓܪܬܐ ܕܠܘܬ ܓܠܝܐܝܬ ̈ ̇ ̄ ̈ܪܗܘܡܝܐ .ܒܦܘܫܩܐ ܕܗܘ ܦܬܓܡܐ ܕ� ܗ ݂ܘܐ ܒܢܝܐ ܕܒܣܪܐ ܐܝܬܝܗܘܢ ̈ ̇ ܒܢܝܐ ܕܐܠܗܐ ܡܚܘܐ .ܘܒܥܠܡܐ � ̄ܗ ݂ܘܐ ܒܠܚܘܕ ܗܟܢܐ ̇ ̄ ܪܕܐ .ܐ� ܗܘ ݂ܕܡܢ ܐܡܬܐ ܡܬܝܠܕ .ܐ� ܐܢ ܟܕ ܡܪܗ ݂ܝܗܒ ܠܗ ܟܬܒܐ ݂ ܥܒܕܐ ܐܝܬܘܗܝ ܘܡܫܥܒܕܐ. ܐ� . ܕܚܐܪܘܬܐ ݂ ̈ ܀ ܝܓ ܀ ܥܠ ̇ܗܝ ̈ ܕܒܢܝܐ ܘܒܢܬܐ ܝܪܬܘܬܐ ܕܐܒܘܗܘܢ ܐܝܟܢ ܦܠܓܝܢ. ܐܡܪ ̄ ̇ ܐܢܐ ܒܙܕܩܐ. ̇ ܐܒܘܗ ܦܠܓܐ ܕܡܢܬܐ ܡܛܝܐ .ܡܛܠ ] [F.22vܕܐܦܢ ܘܠܒܪܬܐ ݂ܡܢ ܒܟܬܒܐ ܚܬܝܬܐܝܬ ܥܠ ܗܢܐ ܫܪܒܐ � ܡܩܪܚ .ܐ� ܓܠܝܐ ܗܝ̄ ݂ ܕܐܒܗܝܗܘܢ ̇ܗܘܝܢ ܘ� ̄ܗ ݂ܘܐ ̈ ܕܒܟܠܕܘܟ ̈ ̈ ̈ ܒܢܬܐ. ܐܚܕܝ ܝܪܬܘܬܐ ܒܢܝܐ ܘܡܛܠ ݂ܕܡܢ ܐܒܘܗܘܢ ܩܢܝܢܐ ܒܡܝܬܪܘܬܐ ܒܝܪܬܘܬܐ ܡܛܐ ܠܗܘܢ. ܒܕܓܘܢ ܕܝܢ ܡܢܬܐ ܡܫܡܠܝܬܐ ܠܒܪܐ ܡܬܝܗܒܐ .ܠܒܪܬܐ ܗܟܝܠ ܦܠܓܐ ̇ ̇ ̇ ܘܠܒܘܫܗ. ܘܬܘܪܣܝܗ ܕܦܘܪܢܣܗ ܕܡܢܬܐ .ܐܝܟ
72 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR But I have noticed that the following is mostly done: when the daughter’s asset is not sufficient for her sustenance and clothing and so as to get married, the ecclesiastical leaders have decided that an additional share be given to . They did this not without reason. For under no circumstances, does the Church permit adultery and fornication. Offering no room to such things on the pretext of deprivation, 174 it was thus judged and sanctioned, justly and compassionately. 175 §14
You wrote: Is it lawful that an elder son, or a crippled one, or a monk, 176 or one who is his brother’s (personal) , be given a greater part from his father’s inheritance?
I reply as follows:
I have not seen in the Church an elder son to whom a greater share is given. As for the crippled who cannot earn money in his support, if a share is not assigned to him with which he can live, an additional beneficial share should be given to him. §15
You wrote: A dying man has a married sister, a mother, and brothers born of the (same) mother. Who inherits his assets?
See also §3. Vat. Arab. 153, F. 128b: “Simeon believes that the need of the daughter should be fulfilled in terms of her necessities and clothing. She should be preferred over boys so that she would not need to take unduly steps.” 176 Literally “Son of the Covenant,” an ancient term referring to monks. Nuns are called “Daughters of the Covenant.” 174 175
TEXT AND TRANSLATION
ܒܪܡ ܗܕܐ ܐܝܟ ܕܒܣܘܓܐܐ ܗܟܢܐ ̇ ܚܙܐ ̄ ̇ ܕܐܢܗܘ ܕܡܣܬܥܪܐ. ܐܢܐ ̤ ܕܟܕ ܩܢܝܢܐ � ܡܫܪܬܚ ܕܡܢܬܐ ܕܡܛܝܐ ܠܒܪܬܐ ܬܣܦܩ ܠܡܐܟܠܗ̇ ̇ ܘܠܠܒܘܫܗ> .ܘܠܡܙܕܘܕܘ< ̇ 177 ܒܗ ܠܡܗܘܐ ܠܓܒܪܐ .ܡܕܒ�ܢܐ ܕܥܕܬܐ ܦܣܩܘ .ܕܡܢܬܐ ̇ܗܝ ܕܡܝܬܪܐ ܡܢ ̈ ܕܒܢܬܐ ܡܬܝܗܒܐ > ̇ ܠܗ< .178ܗܕܐ ܕ� ݂ ̈ ܣܥܪܘ .ܐ� ܡܛܠ ܕܒܥܕܬܐ ܕܒܚܕ ݂ܡܢ ܙܢܝܢ � ܡܦܣܐ ̄ܗ ݂ܘܐ � ܙܕܩܐܝܬ ݂ ܒܥܠܬ ܡܣܬ ܕ� ܢܬܠܘܢ ܐܬܪܐ ܠܕܐܝܟ ܗܠܝܢ. ܙܢܝܘܬܐ ܘܓܘܪܐ ̤ ̤ ܨܪܝܟܘܬܐ .ܗܟܢܐ ܦܣܩܘ ܘܕܢܘ ܟܐܢܐܝܬ ܘܡܪܚܡܢܐܝܬ .179 ܕܟܬܒܬ ܕܒܪܐ ܒܘܟܪܐ ܐܘ ܣܓܝܦܐ ܐܘ ܒܪ ܩܝܡܐ ܐܘ ܀ ܝܕ ܀ ܥܠ ̇ܗܝ ݂ ̇ ܕܬܬܝܗܒ ܠܗ >ܕܡܘܬܪܢܐ< 180ܐܝܬܘܗܝ �ܚܘܗܝ ܡܢܬܐ ܝܬܝܪܬܐ ܙܕܩ ̤ ݂ܡܢ ܝܪܬܘܬܐ ܕܐܒܘܗܝ. ܗܕܐ ܡܦܢܐ ̄ ܐܢܐ. ܐܬܝܗܒܬ ܕܡܛܠ ┐ܒܪܐ 181ܒܘܟܪܐ � ܚܙܝܬ ܒܥܕܬܐ .ܕܡܢܬܐ ܝܬܝܪܬܐ ̤ ܠܗ̇ .ܗܘ ܕܝܢ ܕܣܓܝܦ ܘ� ܡܨܐ ܠܡܟܢܫܘ ܠܗ ̈ ܢܟܣܐ ܐܝܟ ܕܠܩܘܝܡܗ ̇ ܕܡܢܗ ܡܨܐ ܠܡܚܐ ܘܠܡܬܬܘܣܦܘ ܐܢܗܘ ܕ� ܡܛܝܐ ܠܗ ܡܢܬܐ ܕܬܬܝܗܒ ܠܗ. ܡܢܬܐ ܕܡܝܬܪܐ ̇ܙܕܩ ̤ ܀ ܝܗ ܀ ܥܠ ̇ܗܝ ܕܟܬܒܬ ܕܓܒܪܐ ܟܕ ̇ܡܐܬ ܘܚܬܐ ܒܥܝܠܬܐ ܘܐܡܐ ܒܢܝ ܐܡܐ ܐܝܬ ܠܗ ܩܢܝܢܗ ̇ ̈ ܘܐܚܐ ̈ ܠܡܢ ̇ܡܛܐ.
.ܘܠܡܙܕܗܪܘ Ms.: .ܠܗ Ms.: ﺷﻤﻌﻮن ﯾﺮى ان ﺗﺰاح ﻋﻠﺔ اﻟﺒﻨﺖ ﻓﻲ ﺣﺎﺟﺎﺗﮭﺎ 179 Vat. Arab. 153, F. 128b: وﺟﮭﺎزھﺎ وﺗﻔﻀﻞ ﻋﻠﻰ اﻻﺑﻦ ﺣﺘﻰ ﻻ ﺗﺤﺘﺎج اﻟﻰ ﻏﯿﺮ اﻟﻮاﺟﺐ. .ܡܘܬܪܢܐ 180 Ms.: 181 Inserted above the line. 177 178
74 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR This is my decision:
What I said about the sister, this is what is done: A married sister is not given any share—we faced this issue twice or three times, and the early (Church) leaders did not such a sanction. It occurred in our days and this is how we decided, when many took place; we assessed and decreed that a sister already married has no share.
With regard to the mentioned mother in this case: The Christian woman once her husband dies becomes a stranger within her husband’s family, because [F. 23r] her partnership with her husband is dissolved. Christians do not recognize kinship through these women, as they lack truth and their testimony is not accepted (in court).
On this matter, even pagan judges rule thus: When the asset of the father is not distributed among the brothers, and while none of them has received for himself inheritance, and one of these brothers dies; because the asset is still common, they say, the inheritance (of the deceased brother) ought not be for the mother, but it goes to the brothers. As long as the asset is still in the family and their common inheritance is still undivided, the woman from the day her husband dies becomes a stranger both in her husband’s family and toward (her) association with him.
TEXT AND TRANSLATION
ܦܣܩ ̄ ܗܟܢܐ ̇ ܐܢܐ ̇ ܕܗܝ ܕܐܡܪܬ ܡܛܠ ܚܬܐ ܗܟܢܐ ܢܬܥܒܕ .ܕܚܬܐ ܒܥܝܠܬܐ � ܡܬܝܗܒܐ ̈ ̇ ܘܗܘ ܗܢܐ ܫܪܒܐ ܬ̈ܪܬܝܢ ܬܠܬ ܙܒܢܬܐ ܡܛܐ ܠܘܬܢ .ܘ� ܠܗ ܡܢܬܐ. ̤ ̈ ̈ ܥܒܕ>ܘ< 182 ܘܗܘ . ܗܘܬ ܕܝܠܢ ܢ ܡܬ ܘܒܝܘ . ܦܣܩܐ ܗܢܐ ܝܐ ܩܕܡ ܡܕܒ�ܢܐ ݂ ̤ ̤ ܗܟܢܐ ܗܘܐ ܘܕܝܢܐ ܘܦܣܩܐ ܦܣܩܢܢ :ܟܕ ܛܒ >ܚܪܝܢܐ< 183ܣܓܝܐܐ ̤ ݂ ܫܩܝ� ܠܓܒܪܐ � ܗܘܝܐ ̇ ܠܗ ܡܢܬܐ. ܥܒܕܢܢ .ܕܚܬܐ ݂ܕܡܢ ܟܕܘ ݂ ̇ ̇ ܐܝܬܝܗ ܕܐܢ̄ܬܬܐ ܟܪܣܛܝܢܝܬܐ ܘܗܝ ܬܘܒ ܕܐܡܐ ܕܐܡܪܬ ܗܟܢܐ ̇ ̇ ܕܡܚܕܐ ̇ ܒܥܠܗ ݂ܡܢ ܫܪܒܬܐ ܕܡܐܬ ܕܒܥܠܗ ܡܬܢܟܪܝܐ .ܡܛܠ ][F.23r ̇ ̇ ̈ ܕܐܫܬܪܝܬ ܠܗ ܫܘܬܦܘܬܐ ܕܒܥܠܗ .ܘܟ�ܣܛܝܢܐ ܫܪܒܬܐ ݂ܡܢ ܢܫܐ � ̤ ̈ ܚܫܒܝܢ .ܡܛܠ ܕܫܪܝܪܘܬܐ ܟܐܡܬ ܠܝܬ ܠܗܝܢ .ܘܒܣܗܕܘܬܐ � ܡܬܩܒܠܢ. ܕܝܢܐ ܕܠܒܪ ܥܠ ܗܢܐ ܫܪܒܐ ܗܟܢܐ ܦܣܩܝܢ ̈ ܘܒܕܓܘܢ ܐܦ ̈ ܕܝܢܐ .ܕܟܕ ̄ ̄ ̈ ܐܚܐ � ܦܠܝܓܐ ܠܗܘܢ ܝܪܬܘܬܐ ܕܐܒܘܗܘܢ .ܘܐܢܫ ܐܢܫ ܩܢܝܢܐ ܕܢܦܫܗ � ܠܒܝܟ .ܘܚܕ ܡܢܗܘܢ ܢܡܘܬ .ܡܛܠ ܕܥܕܟܝܠ ܩܢܝܢܐ ܒܓܘܐ ܐܝܬܘܗܝ. ̈ �ܚܐ 184ܡܛܝܐ .ܡܛܠ ܐܡܪܝܢ ܕ� ܙܕܩܐ ܝܪܬܘܬܐ �ܡܐ .ܐ� ܕܩܢܝܢܐ ܒܫܪܒܬܐ ܐܝܬܘܗܝ ܥܕܟܝܠ .ܘܝܪܬܘܬܐ ܒܫܘܬܦܘܬܐ ܕܟܠܗܘܢ ̇ ܥܕܟܝܠ ܫܒܝܩܐ ܘ� ܦܠܝܓܐ .ܘܐܢ̄ܬܬܐ ܒܗ ܒܝܘܡܐ ̇ ܒܥܠܗ ܕܡܐܬ ̇ ܐܬܢܟܪܝܬ ̇ ܕܒܥܠܗ. ܠܗ ݂ܡܢ ܫܪܒܬܐ ܘܫܘܬܦܘܬܐ ̤
.ܥܒܕ Ms.: Ms.: Empty space; necessary addition. 184 Ms.: Olaf inserted above the line. 182 183
76 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR But if the inheritance is already divided and one of (the brothers) dies while the mother is alive, all his asset goes to the mother. This is justified because his association with his brothers is ended. Thus his asset is no longer in the family, but it was his. And on account of the closeness of kinship, so it is said, the inheritance (of the deceased son) ought to go to his mother, because she is the closest to him. In the Church, it seems to me generally that when the son dies, his asset is equally divided between his mother and his brothers. If this matter did not thus function until now, 185 it indeed does function now, because this matter thus confirmed by a judgment, but by consensus.
A man or a woman dies without a will, and has no close kin except for a paternal uncle and 186 a nephew 187: the inheritance ought to be mostly for the nephew. 188
A woman who departs from the world while a grandson from her son and 189 (a grandson) from her daughter or a brother: the inheritance ought to be mostly for the son . 190
This phrase is repeated twice. Ms. “or”. 187 Literally “brother of the father or the son of the brother.” 188 The following clause in Vat. Ar. 153, F. 207a differs a bit: “Simeon: A man dies with no close relative except for a cousin from the father’s side and a cousin from the mother side, his inheritance belongs to his cousin from the father’s side.” 189 Ms. “or”. 190 Vat. Ar. 153, F. 125a, A): “Simeon the Persian: A woman dies having a grandson from the daughter and a cousin (=son of the brother): the inheritance belongs to the grandson. 185 186
TEXT AND TRANSLATION
ܐܢ ܕܝܢ ݂ܡܢ ܟܕܘ ܦܠܝܓܐ ܝܪܬܘܬܐ̇ . ܡܐܬ ܚܕ ܡܢܗܘܢ ܘܐܡܗ ܚܝܐ .ܟܠܗ ܩܢܝܢܗ �ܡܗ ̇ܡܛܐ .ܘܢܦܩܝܢ ܪܘܚܐ ܥܠ ܗܕܐ ܕܡܛܠ ܠܡ ݂ܕܡܢ ܫܘܬܦܘܬܐ ̈ ܐܚܘܗܝ ݂ܢܦܩ ܘܩܢܝܢܗ ܡܟܝܠ � ̄ܗ ݂ܘܐ ܒܫܪܒܬܐ .ܐ� ܕܢܦܫܗ ܕܥܡ ܐܝܬܘܗܝ ܡܛܠ ܩܪܝܒܘܬܐ ܐܡܪܝܢ� .ܡܗ ܙܕܩܐ ܝܪܬܘܬܐ ܡܛܠ ܕܐܡܗ ܝܬܝܪ ܩܪܝܒܐ. ܒܥܕܬܐ ܕܝܢ ܐܝܟ ܕܒܣܘܓܐܐ ܗܟܢܐ ܡܬܚܙܝܐ ݂ܠܝ ܕܒܪܐ ܟܕ ̇ܡܐܬ. ̈ ܘܐܚܘܗܝ ܫܘܝܐܝܬ ܦܠܓܝܢ ܩܢܝܢܗ .ܗܢܐ ܫܪܒܐ ܐܢ ܥܕܡܐ ܠܗܫܐ ܐܡܗ � ̄ܗ ݂ܘܐ ܗܟܢܐ ݂ܪܕܐ ̄ܗ ݂ܘܐ̇ ┐ .ܗܘ ܕܥܕܡܐ ܠܗܫܐ � ̄ܗ ݂ܘܐ ܗܟܢܐ ܪܕܐ ̄ܗ ݂ܘܐ ̇ .191ܗܘ ܕܥܕܡܐ ܠܗܫܐ ܪܕܐ ܢܪܕܐ .ܡܛܠ ܕܗܕܐ ܨܒܘܬܐ >�
ܗܘܐ< 192ܒܦܣܩܐ ܡܬܬܚܡܐ ܗܟܢܐ .ܐ� ܒܫܠܡܘܬܐ. ݂ ܀ ܝܘ ܀ ܓܒܪܐ ܐܘ ܐܢ̄ܬܬܐ ܕܟܕ � ܕܝܬܩܐ ܡܝܬܝܢ ܘܠܝܬ ̄ ܐܢܫ ܕܩܪܝܒ ܠܗܘܢ ܐ� ܐܢ ܐܚܐ ܕܐܒܐ ܐܘ ܒܪܐ ܕܐܚܐ ܝܪܬܘܬܐ ܠܒܪ ܐܚܐ ܝܬܝܪ ܙܕܩܐ193 . ܐܢ̄ܬܬܐ ܟܕ ݂ܡܢ ܥܠܡܐ ܥܢܕܐ .ܘܒܪܐ ܕܒܪܐ ܐܘ ܕܒܪܬܐ ܐܘ ܐܚܐ ܐܝܬ > ̇ ܠܗ< .194ܝܪܬܘܬܐ ܠܒܪ > ̇ ܒܪܗ< 195ܝܬܝܪ ܙܕܩܐ. 196
Ms.: Sic. Necessary addition. ﺷﻤﻌﻮن :ان ﻣﺎت اﻧﺴﺎن وﻻ ﻗﺮﯾﺐ ﻟﮫ اﻻ ﺑﻦ ﻋﻢ او اﺑﻦ 193 Vat. Ar. 153, F. 125a: ﺧﺎل ﻓﻤﯿﺮاﺛﮫ ﻻﺑﻦ اﻟﻌﻢ وﺑﺎﻟﺠﻤﻠﺔ. .ܠܗ 194 Ms.: .ܒܪܗ 195 Ms.: )196 Vat. Ar. 153, F. 207a, combines §16 and §17 in one clause: A ﺷﻤﻌﻮن اﻟﻔﺎرﺳﻲ :وان ﻣﺎﺗﺖ اﻣﺮأة وﺧﻠﻔﺖ اﺑﻦ ﺑﻨﺖ واﺑﻦ اﺑﻦ واﺑﻦ اخ ﻓﺎﻟﻤﯿﺮاث ﻻﺑﻦ اﻻﺑﻦ. 191 192
78 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §17
A man dies while he has a grandson from the daughter and 197 a nephew 198: the inheritance of asset ought to be for his grandson. 199 Although both boys are equal in terms of kinship, but in terms of generational succession, the grandson is the closer (of the two). §18
A man departs from the world having a son who is not of his religion. The tradition in the world runs as follows:
The one who shifts from paganism to another religion is not given a share [F. 23v] from his father’s inheritance, and the Law of Moses too sanctions the death penalty upon those who serve idolatry and iniquity. Just as the son of a pagan man who converts to Christianity is not given from his father’s inheritance, so too the son of a Christian man who converts to another religion ought not to be given a share from his father’s asset. Concerning this matter, I know of no other explanation to bring and compare it with.
Ms. “or”. Literally “the son of the brother.” 199 Vat. Ar. 153, F. 207a, B): If a man dies leaving the son of (his) daughter and the son of (his) brother, the inheritance goes to the son of (his) daughter. 197 198
TEXT AND TRANSLATION
ܐܢܫ ̇ ܀ ܝܙ ܀ ܟܕ ̄ ܥܢܕ ܘܒܪܐ ܕܒܪܬܐ ܐܘ ܒܪܐ ܕܐܚܐ ܐܝܬ ܠܗ ܝܪܬܘܬܐ ܕܩܢܝܢܗ ܠܒܪ ܒܪܬܗ ܝܬܝܪ ܙܕܩܐ 200 .ܡܛܠ ܕܟܕ ܛܒ ܒܫܪܒܐ ܕܐܚܝܢܘܬܐ ܬ̈ܪܝܗܘܢ ܫܘܝܢ .ܐ� ܡܛܠ ܝܘܒ� ܕܡܘܠܕܐ ܒܪ ܒܪܬܐ ܝܬܝܪ ܩܪܝܒ. ܀ ܝܚ ܀ ܓܒܪܐ ܟܕ ݂ܡܢ ܥܠܡܐ ܢܥܢܕ ܘܐܝܬ ܠܗ ܒܪܐ ܕܠܘ ܒܪ ܗܝܡܢܘܬܗ ܐܝܬܘܗܝ :ܒܥܠܡܐ ܗܟܢܐ ܪܕܐ ܥܝܕܐ. ݂ ܕܗܘ ݂ܕܡܢ ܚܢܦܘܬܐ ܠܗܝܡܢܘܬܐ ̄ ̇ ܐܚܪܬܐ ܡܫܢܐ݂ .ܡܢ ] [F.23vܩܢܝܢܐ
ܕܐܒܘܗܝ � ܝܗܒܝܢ ܠܗ ܡܢܬܐ .ܘܐܦ ܒܢܡܘܣܐ ܕܡܘܫܐ ܗܟܢܐ ܥܠ ̇ܗܢܘܢ ܕܦܬܟܪܘܬܐ ܘܪܘܫܥܐ ܦܠܚܝܢ ̄ܗ ݂ܘܘ ܘܓܙܪܕܝܢܐ ܕܡܘܬܐ ̇ ܦܣܩ ̄ܗ ݂ܘܐ ܥܠܝܗܘܢ .ܘܐܝܟܢܐ ܕܟܕ ܓܒܪܐ ݂ܡܢ ܕܚܠܬܐ ܐܝܬܘܗܝ .ܘܒܪܗ ܠܟܪܣܛܝܢܘܬܐ ܡܬܬܠܡܕ ܡܢܬܐ ݂ܡܢ ܝܪܬܘܬܐ ܕܐܒܘܗܝ � ܝܗܒܝܢ ܠܗ. ܒܗ ܒܙܢܐ ܟܕ ܒܪܗ ܕܓܒܪܐ ܟܪܣܛܝܢܐ ܠܕܚܠܬܐ ̄ ܐܚܪܬܐ ܡܫܢܐ ݂ܡܢ ܩܢܝܢܐ ܕܐܒܘܗܝ ܡܢܬܐ ܠܡܬܠ ܠܗ � ̇ܙܕܩ. ܘܥܠ ܗܢܐ ܫܪܒܐ ܕܝܢ :ܬܚܘܝܬܐ ̄ ܐܚܪܬܐ ܠܡܝܬܝܘ ܘܠܡܦܚܡܘ � ܝܕܥ ݂ ̄ ܐܢܐ.
رﺟﻞ ﻣﺎت وﺧﻠﻒ اﺑﻦ ﺑﻨﺖ واﺑﻦ اخ اﻟﻤﯿﺮاث ﻻﺑﻦ Vat. Ar. 153, F. 207a, B):
80 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §19
A man dies having a wife and sons who are not from this woman, ┌and before dividing the asset the wife 201 dies a will. Because the wife whose husband dies becomes a stranger within the family of her husband, she gets whatever reached her while she was still under his authority. This same asset that befell her from her husband ought to be for her closest in kinship if she lacks children. 202 §20
A man entrusted his young children to the care of another man at the time of his death, and then the man under whose care they were entrusted was also dying, and he appointed another man in support of those children. I realize that the leaders in care must not leave without investigation the affair of entrusted children, but rather they must constantly sh[ow care] concern, diligence toward them.
This phrase is repeated almost identically. Vat. Ar. 153: “Simeon the Persian: A woman whose husband dies having children not from her. Before dividing the asset the woman dies without a will. Because the wife whose husband dies becomes stranger within the family of her husband, her property is from husband, and if she does not have children, the property goes to her relatives.” 201 202
TEXT AND TRANSLATION
̈ ܘܒܢܘܗܝ � ̄ܗ ݂ܘܐ ݂ܡܢ ̇ܗܝ ܀ ܝܛ ܀ ܓܒܪܐ ܟܕ ܢܡܘܬ ܘܐܢ̄ܬܬܐ ܐܝܬ ܠܗ ̄ ̄ ̇ ܘܡܢ ܩܕܡ ܕܢܬܦܠܓ ܩܢܝܢܐ ܗܝ ܐܢܬܬܐ ܐܝܬܝܗܘܢ. ܐܢܬܬܐ ܐܝܬܝܗܘܢ݂ . ̈ ̄ ܗܝ ܐܢ̄ܬܬܐ > 203ܕ�< 204 ܕܝܬܩܐ ܡܝܬܐ. ┐ ݂ ܘܡܢ ܩܕܡ ܕܢܬܦܠܓ ܩܢܝܢܐ ݂ ̄ ̇ ̇ ̇ ܐܬܢܟܪܝܬ .ܘܗܘ ܡܛܠ ܕܐܢܬܬܐ ܟܕ ܡܝܬ ܒܥܠܗ݂ .ܡܢ ܫܪܒܬܐ ܕܒܥܠܗ ̤ ܠܗ ܬܚܝܬ ܫܘܠܛܢܗ ܓܝܪ ▱ ܐܝܬܘܗܝ .ܗܝ ܗܕܐ ܟܕ ܠܝܬ ܠܗ̇ ܕܡܛܐ ̇ ܡܕܡ ̇ ̇ ̤ ̈ ̇ ̇ ̇ ݁ ܒܢܝܐ ܩܢܝܢܐ ܕܡܛܗ ݂ܡܢ ܒܥܠܗ ܠܗܘ ܕܝܬܝܪ ܩܪܝܒ ܠܗ ܙܕܩ. 205 ܀ ܟ ܀ ܓܒܪܐ ܟܕ ܒܙܒܢ ܥܘܢܕܢܗ ̈ ܒܢܝܐ ܙܥܘ̈ܪܐ ܕܐܝܬ ܠܗ ܬܚܝܬ ܦܘܪܢܣܐ ܕܓܒܪܐ ̄ ܐܚܪܢܐ ܡܓܥܠ ܠܗܘܢ .ܘܒܬܪܟܢ ̇ܗܘ ܓܒܪܐ ̇ ܕܗܘ ܦܘܪܢܣܐ ̈ ܒܐܝܕܘܗܝ ܐܬܓܥܠ ܢܡܘܬ .ܘܐܦ ܗܢܐ ̄ ܐܢܫ ܐܚܪܝܢ ܢܩܝܡ ܥܠ ܦܘܪܢܣܐ ̈ ̈ ܕܛܠܝܐ ܕ� ܛܠܝܐ ܚܙܝܬ ܕܐܦ ܐܬܦܪܢܣܬ ܕܡܕܒ�ܢܐ ܨܒܘܬܐ ݂ܕܗܢܘܢ ̇ ܢ[206 ܥܘܩܒܐ � ܙܕܩ ܕܢܪܦܘܢܗ .ܐ� ܒܐܡܝܢܘ ܢܐܨܦ]ܘܢ ܕܦܘܪܢܣܗܘ ̇ > ܕܥܠܝܗܘܢ ܢܚܘܘܢ. ܘܐܘܟܦܢܐ< > :207ܘܠܡܣܒ< .211ܘܒܬܐܓܘܪܬܐ ܘܝܘܬܪܢܐ ܠܡܠܒܟ ܐ� ܐܢ ܡܬܦܩܕ ܡܢ ܐܦܣܩܘܦܐ ܡܛܠ ܩܢܝܢܐ ̈ ܕܝܬܡܐ. ݂ ̈ ܕܒܢܘܗܝ ̄ �ܢܫ ܡܓܥܠ ܠܗ̇ . ܘܗܘ ܐ� ܐܢ ܓܒܪܐ ܢܡܘܬ ܘܦܘܪܢܣܐ ܐܚܪܝܢ ܡܫܠܡ ܦܘܪܢܣܐ .ܗܢܐ � ܟ� ܡܢ > ̈ �ܢܫ ̄ ܓܒܪܐ ̄ ܩܢܘܢܐ< 212 ݂ ̇ ̇ ܕܥܕܬܐ .ܐ� ܡܕܒ�ܢܐ ܕܥܕܬܐ ܒܛܝܠܘܬܐ ܙܕܩ ܠܡܚܘܝܘ ܥܠܝܗܘܢ ܕܩܢܝܢܐ ̈ ̈ ̈ ܘܛܠܝܐ � ܢܬܦܠܗܕ ܐܘ ܢܬܒܕܪ .ܘܐܢ ̇ܗܘ ܡܦܪܢܣܢܐ ܕܝܬܡܐ ̄ ̇ ܩܕܡܝܐ �ܢܫ ܐܚܪܝܢ ܡܩܝܡ .ܘܐܦ ܗܘ ] [F.24rܢܡܘܬ ܡܕܒ�ܢܐ ܕܥܕܬܐ ܥܠܝܗ ܕܨܒܘܬܐ .ܘܐܢ ܐܝܬ ̄ ̇ ܐܢܫ ܕܩܪܝܒ ܠܗܘܢ ̇ܙܕܩ ܠܗܘܢ ܠܡܥܩܒܘ ̈ ܠܛܠܝܐ >ܠܗ< 213ܢܬܓܥܠ ܦܘܪܢܣܐ .ܘܐܢ ▱ ܕܐܝܟ ܗܢܐ � ܡܫܬܟܚ ̈ ̇ ̈ 214 ܒܟܠ ܦܘ̈ܪܣܝܢ .ܥܠ ܛܠܝܐ ܘܝܬܡܐ ܙܕܩ ܕܡـ ܕܡܦܪܢܣܢܐ ܢܬܩܝܡ .ܘܒܟܠ ܙܢܝܢ ܡܕܒ�ܢܐ ܕܥܕܬܐ ܗܟܢܐ ̇ܙܕܩ ܠܗܘܢ ܠܡܬܚܦܛܘ̈ . ̈ ̈ ܘܛܠܝܐ ܕ� ܕܝܬܡܐ ܘܡܕܒܪܢܐ � :ܢܫܬܒܩܘܢ. ܝܨܘܦܐ ݂
ﯾﻔﻮض اﻣﺮھﻢ اﻟﻰ ﻣﻦ Vat. Ar. 153, F.129b: اذا ﻣﺎت رﺟﻞ ﻟﮫ اطﻔﺎل ﻓﯿﺠﺐ ان ّ ﯾﻔﻮض اﻣﺮھﻢ اﻟﻰ آﺧﺮ وﻣﺪﺑﺮ اﻟﺒﯿﻌﺔ ﯾﺮاﻋﻲ اﻟﺤﺎل ﻟﯿﺠﺮي ﻋﻠﻰ اﻟﺴﺪاد ﯾﺪﺑّﺮھﻢ واذا ﻣﺎت ھﺬا ّ وھﻜﺬا ﻓﻲ ﻗﻮاﻧﯿﻦ اﯾﺸﻌﯿﺐ اﻟﺠﺎﺛﻠﯿﻖ. .ܠܡܣܒܘ 211 Ms.: (singular).ܩܢܘܢܐ 212 Ms.: 213 Ms.: �. 214 Gap filler. 210
84 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR §21
A man gives something from his asset with a deed to his son, but did sign the deed to show if he gave it as his personal property, or if (the son) took it as inheritance merely due to him. The remainder of the asset, (the value of which) is unknown, belongs to his father. §22
A man dies while he has a mother, and a brother or a sister, and having no wife, he has children only from his slave. His estate to his relatives, for the from the slave have no inheritance, unless their father considers them as his (free) children. If they are very young or suffer from a handicap, and are unable money for their own support, they ought to be given some share from whatever their begetter has. WITH THE HELP OF OUR LORD, THE JUDGEMENTS WRITTEN BY MĀR SIMEON, THE BISHOP AND METROPOLITAN OF REVARDASHIR, ARE COMPLETED.
TEXT AND TRANSLATION
܀ ܟܐ ܀ ܓܒܪܐ ܟܕ ܡܕܡ ܡܢ ܩܢܝܢܗ ܠܒܪܗ ܢܬܠ ܘܫܛܪܐ ̈ ܕܚܘܒܬܐ .ܥܠ ݂ ̇ܗܘ >�< 215ܚܬܡ .ܘܕܐܢ ܐܝܟ ܩܢܝܢܐ ܕܢܦܫܗ ̇ ܝܗܒ ܠܗ .ܐܘ ܝܘܬܪܢܐ ܕܗܘܐ ܥܠܘܗܝ ܢܣܒ .ܘܫܪܟܐ ܕܩܢܝܢܐ �ܒܘܗܝ ܐܝܬܘܗܝ ܒܚܕ ݂ܡܢ ܒܠܚܘܕ ̤ ̈ ܙܢܝܢ � ܡܬܝܕܥܐ. ܀ ܟܒ ܀ ܓܒܪܐ ܟܕ ܢܡܘܬ ܘܐܡܐ ܘܐܚܐ ܐܘ ܚܬܐ ܐܝܬ ܠܗ .ܘܣܛܪ ݂ܡܢ ̈ ̈ ܒܢܝܐ ݂ܕܡܢ ܐܡܬܗ ܠܝܬ ̄ ܩܢܝܢܘܗܝ ܠܩ�ܝܒܘܗܝ ܐܚ�ܢܐ ܘܐܢ̄ܬܬܐ ܠܝܬ ܠܗ. ̈ ̇ >ܗܘܝܢ< .216ܡܛܠ >ܕܒܢܝܐ< ݂ 217ܕܡܢ ܐܡܬܐ .ܐ� ܐܢ ܟܕ ܐܒܘܗܘܢ. ̈ ܒܒܢܝܐ ܡܩܒܠ ܠܗܘܢ .ܐ� ܝܪܬܘܬܐ ܠܝܬ ܠܗܘܢ .ܐܢ ܕܝܢ ܣܓܝ ܛܠܝܢ. ܣܘܓܦܢܐ ܐܝܬ ܠܗܘܢ .ܕ� ܡܨܝܢ >ܠܡܟܢܫܘ< 218ܡܕܡ ܐܝܟ ܐܘ ݂ ̇ ܕܠܬܘ̈ܪܣܝܗܘܢ ݂ܡܢ ܡܕܡ ܕܐܝܬ ܠܡܘܠܕܗܘܢ .ܦܘܪܢܣܐ ܡܕܡ ܙܕܩ ܕܢܬܝܗܒ ܠܗܘܢ܀ ܫܠܡܘ ܒܥܘܕܪܢ ܡܪܢ ̈ ܕܝܢܐ ܕܥܒܝܕܝܢ ܠܡܪܝ ܫܡܥܘܢ ܐܦܣܩܘܦܐ ܡܝܛܪܦܘܠܝܛܝܣ ܕܪܝܘܐܪܕܫܝܪ܀
.ܕ� Ms.: ̇ .ܗܘܐ Ms.: ̈ .ܒܢܝܐ 217 Ms.: .ܕܠܡܟܢܫܘ 218 Ms.: 215 216
BIBLIOGRAPHY OF WORKS CITED SYRIAC SOURCES
Jacob of Sarug, Homilies:
Simeon of Rev-Ardashir
Homiliae Selectae Mar-Jacobi Sarugensis edited by Paul Bedjan (ParisLeipzig, 1902, 2nd ed. Piscataway: Gorgias Press, 2006), vol. 2.
E. Sachau, Syrische Rechtsbücher, vol. III (Berlin: von Georg Reimer, 1914), p. 209–253
J. B. Chabot, Synodicon orientale ou recueil de synodes nestoriens (Paris, 1902).
R. Duval, Išoʿyahb patriarcha III: Liber Epistularum, CSCO 11–12, SS 11–12 (Paris: E Typographeo Reipublicae, 1904–5)
J. M. Fiey, « Diocèses syriens orientaux du Golfe persique, » in Mémorial Gabriel Khuri-Sarkis (Louvain, 1989), p. 177–218 (repr. J. M. Fiey, Communautés syriaques en Iran et Iraq (London: Variorum, 1989), #2 A. Harrak, “The Law Code of Simeon, Bishop of Rev-Ardashir: Presentation and Translation,” Journal of the CSSS 17 (2017), p. 49–68
C. E. Rolt, Dionysius the Areopagite: On the Divine Names and the Mystical Theology (London: Macmillan, 1920).
Lucas van Rompay, “Synodicon Orientale,” in Encyclopedic Dictionary, p. 387–389. 87
88 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR
Law Code in Syriac: Vatican Library Cod. Borg. sir. 81: http:[F. [F. digi.vatlib.it[F. view[F. MSS_Borg.sir.81. Law Code in Arabic: Vat. Arab. 153: http:[F. [F. digi.vatlib.it[F. view[F. MSS_Vat.ar.153.
INDEX NAMES AND THEMES
ʿAbd-Īšōʿ Bar-Bahrīs (Metropolitan of Assyria and Adiabene) Aksēnāyē 10 Alqosh 5 & n.7 Ananias (Biblical) 48 Apology (literary style) 6, 10 Aramaic (language) 1, 2, 10, 12, 14 Archetype ( = ܪܝܫ ܛܘܦܣܐ = ܪܝܫܬܘܦܣἀρχέτυπον) 32, 33 n.67 Arzen 3
Baptism 46, 48 Bēt-Qaṭrāyē (see also Qatar) 1, 10 Bible (lost Books) 34 n.72, 39 n.96, 42 Chronicle of the Kings of Israel 42 Commentary of Iddo the Prophet 42 Treaty of the Kings 42 Body (and spirit) 12
Christianity (Eastern) 1, 2, 78 Church of the East 1, 30 n. 55 Code of Laws: Īšōʿ-yahb I 2, 3, 82 & n.208, 83 n.210 Īšōʿ-yahb III 1 Simeon of Rev-Ardashir 1–6, 10, 16, 33 n.67, 58 n.145, 60 n.149, 64 n.162, 66 n.166, 72 n.175, 76 n.190, 78 n.199, 80 n.202, 81 n. 206, 84 Consensus 3, 76 Darai (Island in the Gulf)
90 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR David (King) 40 Dead (the) 20, 48 Death 2, 4, 52, 56, 64, 66 n.166, 78, 80 Death (capital punishment) 60 Deborah (biblical) 38 Dionysius (NT deacon) 33 n.67, 48 & n.117 Disease (and cognates) 24 Ecclesiastics aksēnāyē-brothers 10 Bishop/Metropolitan 1, 3, 5, 10, 82, 84 Catholicos 2, 82 & n.208 Monk 1, 2, 10 n.1, 72 & n.176, 82 Egypt 34 Elijah (Prophet) 34
Family Cousin 76 nn. 188, 190 Daughter 4, 20, 24, 38, 54, 60 & n.149, 70, 72 n.175–176, 76 & n.190, 78 & n.199 Grandson 76 n.190, 78 & n.100 Nephew 76 & nn.187, 78 & n.198 Son 2, 3, 4, 20, 24, 38, 40, 52, 60 & n.149, 62, 64, 66 & n.166, 68, 70, 72 & n.176, 76 & nn.187, 190, 78 & nn.198–199, 80, 84 Uncle 76 Gospel (see Scriptures) Greek (language, culture; see also archetype) 13 n.6, 32, 33 n.67, 34 n. 69, 41 n.102 Greeks 48
Iddo (Prophet) 42 Inheritance 2, 3, 4, 12, 20, 24, 28, 54 & n.134, 60, 62, 66 & n.166, 70, 72, 74, 76 & n.188, 78 & n.199, 84 Inheritors Brother 3, 4, 24, 50, 52, 54 & n.134, 64, 66, 72, 74, 76, 84 Daughter 4, 20, 54, 60, 70, 72 Father (from sons) 65 Mother 4, 24, 74, 76
INDEX Relatives 24, 66, 74, 76 & n.188, 84 Sister 74 Slave (son) 4, 70, 84 Son 2, 3, 4, 20, 60, 66 & n. 166, 70, 72, 76 & n.187, 78, 84 Convert to other religions 78 Crippled 66, 72, 84 Grandson 76 n. 190, 78 & nn.198, 199 Wife 20, 54, 66 & n. 166
Īšōʿ-bokht (Metropolitan of Persia) 5 Īšōʿ-yahb I (of Arzen, 582–595) 2, 3, 82 & n.208, 83 n.210 Īšoʿ-yahb III (of Adiabene, 649–659) 1
Jacob of Sarug 58 n.143 James (Bishop of Darai) 3 Jesus Christ 16 n.10 Advent 26 Chief of Shepherd 10 Lord 6, 16, 18, 20, 22, 24, 32, 42, 46, 52, 84 Paschite economy 24 Saviour 20 Teacher 14 Transcendence 18 Jews 2, 4, 26, 28, 40, 48 Judges Biblical 36, 38 Pagan 42, 74 Justification (Apology) 6, 16 Kingship (Israelite) 40, 42
Land (Promised) 28 Languages Aramaic/Syriac 1, 2, 6, 10, 12, 14 Persian 1, 6, 10, 12, 14 Lappidor (Biblical) 38, 39 n.96 Law Adultery / fornication 4, 18, 56, 58 & n.143, 68, 72 Clergy 4, 68 Consensus 3, 76
92 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Deed 84 lex talionis 2 n.4, 3 Origins (of Christian law) 2, 7, 30 & n.55 Orphans 82 Partnership 4, 54, 56, 58, 60, 62, 64, 74 Retaliation (lex talionis) 2 & n. 4, 3 Slaves / slavery 2, 3, 4, 68, 70 & n.173, 84 Widows 48, 60, 64 n.162, 66, 74 Will 56, 62, 70, 80 & n.202 Law Christian (ecclesiastical) 2, 4 n.6, 7, 10, 16, 30, 34, 40, 44, 48 Islamic 4 n.6 Moses 2, 16, 20, 26, 28, 30, 32, 34, 36, 38 Pagan 3, 7, 58, 78 Liturgical Books Baptism 46, 48 Funerary 46
Marriage 4, 56, 54 Brother 54 & n.134 Daughter 54, 60 & n.149, 72 Father (remarriage) 64 n.162 Sister 64, 72, 74 Sons 60 & n.149, 72 Stranger (Widow as stranger) 4, 74, 80 & n.202 Wife (remarriage) 64
Mazdeism 58 n.143 Monks (=Sons of the Covenant) 1, 2, 10 & n.1, 72 & n.175, 82 Moses (prophet, and law) 2, 16, 20, 26, 28, 30, 32, 34, 36, 38, 40, 78
Nebuchadnezzar 58 n.143 Nuns 72 n.176 Old Testament 2
Pagan / Paganism 3, 32, 58 & n.143, 74, 78 Paul (Apostle) 3, 4, 28, 42 Persia 1, 3, 4, 5
INDEX Qatar (=Bēt-Qaṭrāyē)
1, 10 & n.2
Retaliation, Equivalent (lex talionis) 2 n.4, 3 Rev-Ardashir (city) 1 Revelation (divine) 36, 38, 42, 46
Sabbath 38 Sacrament (Baptism) 46, 48 Samuel (Prophet) 38 Sapphira (Biblical) 48 Scriptures NT (Gospel) 2, 22, 24 OT (lost Book): Chronicle of the Kings of Israel, 42 Commentary of Iddo the Prophet 42 Treaty of the Kings 42
Share/sharing 3, 4, 5, 54, 56, 58, 60 & n.149, 64, 66, 70, 72, 74, 78, 84 Simeon (Rev-Ardashir, identity) 1, 10 Simon Peter (Apostle) 48 Slavery 3, 4 Solomon (King) 40, 44 Spirit (and body) 12 Spirit (Holy) 12, 42, 44, 46, 48, 50 Stephen 48 Synods 1, 2, 4, 30 n.55, 68, 82 Syriac (language) 1, 5, 6, 10, 14 Testament 54 Theodore of Mopsuestia 5, 44, 46, 70 Tradition 16, 34, 40, 44, 46, 48, 78 Translation/translator 1, 2, 6, 12, 14
56, 62, 64 n.162, 66, 70, 76, 80 & n.202
Zaydun (Iran) 1 Zelophehad (Biblical) 38 Zoroastrianism 58 n.143
94 THE LAW CODE OF SIMEON, BISHOP OF REV-ARDASHIR Genesis 1:24
Exodus 12:3 12:37 18:1, 13 18:14 18:14–15 18:19 21:1
Leviticus 24: 10–12 25:13, 31 25:23
Numbers 1:45 15:32–36 27:1–7
52 n.128 34 n.70 34 n.71 36 n.78 36 n.79 36 n.80 36 n.81 28 n.49 38 n.86 30 n.54 28 n.50 34 n.70 38 n.85 38 n.87 38 n.88
1 Samuel 17:15 38 n.89
1 Kings 5:12 5:13 18
Matthew 3:2 5:22 5:28 5:33
40 n.98 40 n.97 33 n.68 24 n.31 18 n.16 18 n.15 18 n.18
5:40, 39 6:21 10:9 18:15 18:17
Acts 5:1–6 6:1–7 17:34
Romans 7:3 12:19
1 Corinthians 6:1 7:39 12:8
2 Corinthians 2:15 Galatians 2:28
Ephesians 5:22ff Hebrew 9:10
20 n.24 20 n.23 24 n.32 22 n.27 22 n.28 20 n.26 48 n.117 48 n.119 48 n.117 56 n.140 20 n.25 42 n.103 56 n.140 44 n.111 12 n.5 4 3 28 n.51