Ishoʿbokht
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Ishoʿbokht (late 7th or late 8th century) was a
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
legal scholar,
Christian theologian Christian theology is the theology – the systematic study of the divine and religion – of Christian belief and practice. It concentrates primarily upon the texts of the Old Testament and of the New Testament, as well as on Christian tradit ...
and philosopher. He is known through his writings and a few references to them. The dates of his birth and death are not known precisely, and little can be said of his life other than that he served as the metropolitan bishop of Fars.


Theologian

Ishoʿbokht was a member of the
Church of the East The Church of the East ( ) or the East Syriac Church, also called the Church of Seleucia-Ctesiphon, the Persian Church, the Assyrian Church, the Babylonian Church, the Chaldean Church or the Nestorian Church, is one of three major branches o ...
. His native language was almost certainly
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
and he may have been a native of Rev Ardashir, the seat of the metropolitans of Fars. According to the 14th-century catalogue of the church's writers drawn up by
ʿAbdishoʿ bar Brikha Abdisho bar Berika or Ebedjesu () (died 1318), also known as Mar Odisho or St. Odisho in English, was a Syriac writer. He was born in Nusaybin. Abdisho was first bishop of Shiggar (Sinjar) and the province of Bet 'Arbaye (Arbayestan) around 1285 ...
, he wrote three works: a book called ''On This Universe'', a book of law and a treatise on ''shūdāʿ aʾeras'', i.e., the meaning of the
winds Wind is the natural movement of atmosphere of Earth, air or other gases relative to a planetary surface, planet's surface. Winds occur on a range of scales, from thunderstorm flows lasting tens of minutes, to local breezes generated by heatin ...
. Although only the book of law survives, the first work is cited as a source in the ''Book of Examples and Their Study'', a 9th-century
Islam Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
ic treatise on the
teleological argument The teleological argument (from ) also known as physico-theological argument, argument from design, or intelligent design argument, is a rational argument for the existence of God or, more generally, that complex functionality in the natural wor ...
, which is ascribed to
al-Jāḥiẓ Abu Uthman Amr ibn Bahr al-Kinani al-Basri (; ), commonly known as al-Jahiz (), was an Arab polymath and author of works of literature (including theory and criticism), theology, zoology, philosophy, grammar, dialectics, rhetoric, philology, lin ...
. ''On This Universe'' is described as written in Persian by Ishoʿbokht, metropolitan of Fars under the Umayyads (that is, before 750). There is an excerpt attributed to Ishoʿbokht that appears to be drawn from a treatise on the six days of Creation. It is in Syriac, although that may not have been its original language.


Jurist

Ishoʿbokht's legal treatise was originally composed in Persian, but today survives only in translation. The only direct translation is a Syriac one entitled ''Maktbānūtā d-ʿal dīnē'', often called the ''Corpus Juris''. This translation was commissioned by Patriarch Timothy I (780–823). According to the translator's preface, Ishoʿbokht was consecrated as metropolitan of Fars by a patriarch named Ḥenanishoʿ, which could be either
Ḥenanishoʿ I Ḥnanishoʿ I, called Ḥnanishoʿ the Exegete,Hoyland, ''Seeing Islam'', 200–203. was patriarch of the Church of the East between 686 and 698. His name means 'mercy of Jesus'. Hnanishoʿ offended the caliph ʿAbd al-Malik with a tactless remar ...
(685/686–699/700) or
Ḥenanishoʿ II Hnanishoʿ II (born c.715) was patriarch of the Church of the East between 773 and 780. His name, sometimes spelled Ananjesu or Khnanishu, means 'mercy of Jesus'. Sources Brief accounts of 's patriarchate are given in the ''Ecclesiastical Chron ...
(772/773–779/780). The latter is generally considered more likely, although it necessitates placing his theological work (written while the Umayyads were in power) more than two decades before his consecration. The translation was most likely made only after Ishoʿbokht was dead. It is preserved in the manuscript Alqosh Syr. 169, which also contains the ''
Synodicon Orientale The ''Synodicon Orientale'' (or the ''Eastern Synodicon''; Syriac: ܟܬܒܐ ܕܣܘܢܗܕܘ) is a compilation of synods and canons of the Church of the East from the early fifth to the late eighth century and is a reflection of the intellectual an ...
''. There exists an
Arabic Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns lang ...
translation from the Syriac. The ''Corpus Juris'' is divided into six books and 82 chapters. The first book is theoretical in nature. The second and third books concern marriage and divorce. The fourth is about inheritance and the fifth donations and testaments. The sixth book deals with appeals. The first five books contain
substantive law Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, ...
, but the last is the first major work on
procedural law Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil procedure, civil, lawsuit, criminal procedure, criminal or admini ...
to come out of the Church of the East. Isho'bokht proposes substantial developments of the procedure followed by the ecclesiastical courts, and promotes in particular the use of oaths. Among Ishoʿbokht's sources are the
Bible The Bible is a collection of religious texts that are central to Christianity and Judaism, and esteemed in other Abrahamic religions such as Islam. The Bible is an anthology (a compilation of texts of a variety of forms) originally writt ...
,
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
,
Persian law Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
and to a lesser extent
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
. He is familiar with the
Sasanian The Sasanian Empire (), officially Eranshahr ( , "Empire of the Iranians"), was an Iranian empire that was founded and ruled by the House of Sasan from 224 to 651. Enduring for over four centuries, the length of the Sasanian dynasty's reign ...
'' Book of a Thousand Judgments'' and his work has been used by scholars seeking to reconstruct Sasanian law.
Eduard Sachau Carl Eduard Sachau (20 July 1845 – 17 September 1930) was a German orientalist. He taught Josef Horovitz and Eugen Mittwoch. Biography He studied oriental languages at the Universities of Kiel and Leipzig, obtaining his PhD at Halle in 186 ...
argues that because the legal works of Shemʿon, another metropolitan of Fars of uncertain date, make little use of Sasanian law, Ishoʿbokht's pontificate must be placed earlier than Shemʿon's. In his introduction, Ishoʿbokht writes that he will take ideas from his own church's traditions as well as those of other churches and his own reasoning. His stated reason for writing is that the laws of the Christians are not uniform, in contrast to Islamic law,
Jewish law ''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mit ...
and
Zoroastrian Zoroastrianism ( ), also called Mazdayasnā () or Beh-dīn (), is an Iranian religion centred on the Avesta and the teachings of Zarathushtra Spitama, who is more commonly referred to by the Greek translation, Zoroaster ( ). Among the wo ...
law:
While the Jews in every place have one law, as also the error of the Magians and likewise also those who now rule over us, among the Christians the laws which are determined in the land of the Romans are distinct from those in the land of the Persians, and they in turn are distinct from those in the land of the Arameans, and different from Ahwaz, and different in Mayshan, and likewise also in other places. Thus also from district to district and from city to city there are many differences in the matters of laws. And though the religion of the Christians is one, the law is not one ...
Ishoʿbokht is considered an original mind and one of the most important jurists the Church of the East produced. He was an important source for later jurists.


Philosopher

Besides the three works known to ʿAbdishoʿ, there are other works by Ishoʿbokht that are partially preserved and attest his philosophical interests. Extracts from his commentary on the ''
Categories Category, plural categories, may refer to: General uses *Classification, the general act of allocating things to classes/categories Philosophy *Category of being * ''Categories'' (Aristotle) *Category (Kant) *Categories (Peirce) *Category (Vais ...
'' of
Aristotle Aristotle (; 384–322 BC) was an Ancient Greek philosophy, Ancient Greek philosopher and polymath. His writings cover a broad range of subjects spanning the natural sciences, philosophy, linguistics, economics, politics, psychology, a ...
exist in two manuscripts. There is also a note on
possibilities ''Possibilities'' is the thirty-ninth studio album by American jazz pianist Herbie Hancock, released on August 30, 2005, by Hear Music and Vector Recordings. Background The album features a variety of guest musicians such as Trey Anastasio an ...
. It is not absolutely certain that these fragments are by the Ishoʿbokht who was metropolitan of Fars. They survive only in Syriac, although that may not be their original language.


Notes


References


Bibliography

* * * * * {{refend 8th-century jurists Christians from the Umayyad Caliphate 8th-century bishops of the Church of the East Church of the East canonists Bishops of Fars (East Syriac ecclesiastical province) 8th-century Persian-language writers Church of the East writers 8th-century Iranian philosophers