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Asher ben Jehiel

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'''Asher ben Jehiel''' ([[Hebrew language|Hebrew]], '''אשר בן יחיאל''', or Asher ben Yechiel, ) (1250 or 1259-1328) was an eminent [[rabbi]] and [[Talmud]]ist best known for his abstract of Talmudic law. He is often referred to as '''Rabbenu Asher''', “our Rabbi Asher” or by the [[Hebrew language|Hebrew]] acronym for this title, the '''ROSH''' ([[Hebrew language|Hebrew]], '''רא"ש''', literally "Head").

==Biography==
The Rosh was born in western [[Germany]] and died in [[Toledo, Spain]]. His family was prominent for learning and piety, his father Jehiel was a Talmudist, and one of his ancestors was Rabbi [[Eliezer ben Nathan]] (the ''RaABaN''). Asher had eight sons, the most prominent of whom were Judah and [[Jacob ben Asher|Jacob]], author of the [[Arba'ah Turim]] code of [[Jewish law]]. His primary teacher was the [[Tosafot|Tosafist]] Rabbi [[Meir of Rothenburg]], then in [[Worms, Germany|Worms]]. In addition to his studies, ROSH worked in money lending, and according to his own statement, was independently wealthy.

In [[1286]], Emperor [[Rudolf I]] had instituted a new persecution of the Jews, and Rabbi Meir left Germany, but was captured and imprisoned. The ROSH raised a ransom for his release, but Rabbi Meir refused it, for fear of encouraging the imprisonment of other rabbis. Therafter Rosh assumed Rabbi Meir's position in Worms. He was, however, forced to emigrate (in all likelihood, a victim of blackmail by the government, aimed at acquiring his fortune). After leaving Germany, he first settled in southern [[France]], and then in [[Toledo, Spain|Toledo]], [[Spain]], where he became [[rabbi]] on the recommendation of [[Solomon ben Aderet|Rabbi Solomon ben Aderet]] (''RaShBA''). Rabbenu Asher's son Judah testified to the fact that he died in poverty.

Rabbenu Asher possessed "methodical and systematic" Talmudic knowledge, and was distinguished for his ability to adumbrate long [[gemara|Talmudic discussions]]. ROSH, influenced by his teacher Rabbi Meir, was averse to lenient decisions in [[halakha]], even when theoretically justified. (Several of his [[posek|rulings]] which may appear lenient, are actually strictures: His decision against praying more than three times a day is, in fact, limiting. Similarly, his assertion that the phrase ''halacha le-Moshe me-Sinai'' -"an oral law revealed to [[Moses]] on [[Mount Sinai|Sinai]]" - does not always bear a literal meaning but often signifies a universally adopted custom, is not usually taken as a liberal interpretation.) The ROSH was, however, known for his independent legal reasoning: "We must not be guided in our decisions by the admiration of great men, and in the event of a [[halakha|law]] not being clearly stated in the Talmud, we are not bound to accept it, even if it be based on the works of the [[Geonim]]." (For instance, ROSH ruled that the [[siddur|liturgy]] of the Geonim, was not in violation of the Talmudic rule against change in the [[prayer]]s.)

Rabbenu Asher was opposed to the study of secular knowledge, especially [[philosophy]]. He held that philosophy is based on [[critical]] research, whereas religion is based on [[Oral law#Oral law in Judaism|tradition]] and the two are thus "incapable of harmonization". He said that "none that go under her may return" - in fact, he thanked [[God]] for having saved him from its influence, and boasted of possessing no knowledge outside the [[Torah]]. He led the [[Maimonides#Influence|anti-Maimonists]] in Spain; he also attempted to issue a decree against the study of non-Jewish learning. One effect of this attitude was to limit his influence on [[Secular#Secularity as relative worldliness|secular]] Spanish Jewry. At the same time, within [[Rabbi]]nic circles, "he transplanted the strict and narrow Talmudic spirit from Germany to [[Spain]]", and this, in some measure, turned Spanish Jews from secular research to the study of the Talmud.

==Works==
Rabbenu Asher’s best known work is his abstract of [[halakha|Talmudic law]]. This work specifies the final, practical [[halakha|Jewish law]], leaving out the [[gemara|intermediate discussion]] and concisely stating the [[posek|final decision]]. It omits areas of law limited to ''[[Eretz Yisrael]]'' (such as agricultural and sacrificial laws) as well as the [[aggada|aggadic]] portions of the Talmud. Asher’s son [[Jacob ben Asher|Jacob]] compiled a list of the decisions found in the work, under the title ''Piskei Ha-ROSH'' (decisions of the ROSH). Commentaries on his ''Halachot'' were written by a number of later Talmudists. In [[yeshivot]], this work is studied as a regular part of the daily [[torah study|talmud study]].

This work resembles the “Hilchot” of the Rif (Rabbi [[Isaac Alfasi]]) - also an adumbration - but differs in quoting later authorities: [[Maimonides]], the [[tosafot|Tosafists]] and Alfasi himself. Rabbenu Asher's work superseded Alfasi's within a short time and has been printed with almost every edition of the Talmud since its publication. This work was so important in [[halakha|Jewish law]] that [[Yosef Karo]] included the ROSH together with [[Maimonides]] and [[Isaac Alfasi]] as one of the three major [[posek|poskim]] (decisors) considered in determining the final ruling in his [[Shulkhan Arukh]].

Rabbi Asher also authored:
*''Orchot Chaim'', an essay on [[ethics]], written for his sons. It begins with the comment, “Distance yourself from haughtiness, with the essence of distancing.” ''Orchot Chaim'' is today an important text in [[mussar]] study.
*A [[commentary]] on ''[[Zeraim]]'' (the first order of the [[Mishnah]]) - with the exception of Tractate Berachot.
*A commentary on [[Tohorot]] (the sixth order of the Mishnah).
*[[Tosafot]] like glosses on several Talmudic topics.
*A volume of [[responsa]]; see [[History_of_Responsa#Fourteenth_century|History of Responsa: Fourteenth century]].

==External links==
*References
**[http://www.jewishencyclopedia.com/view.jsp?artid=1930&letter=A Asher ben Jehiel], jewishencyclopedia.com
**[http://www.ou.org/about/judaism/rabbis/rosh.htm Rabbi Asher ben Yechiel - The “Rosh”], ou.org
*Resources
**[http://www.daat.ac.il/daat/mahshevt/mekorot/orhot-2.htm Orchot Chaim] [[Hebrew language|Hebrew]] Fulltext, daat.ac.il
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