Hai Gaon - Legal Treatises

Legal Treatises

Hai ben Sherira codified various branches of Talmudic law. He wrote in Arabic a treatise on purchases, translated into Hebrew by Isaac Albargeloni with the title Ha-Meqah weha-Mimkar (1078); Sefer ha-Mashkon, a treatise on mortgage, anonymously translated into Hebrew; Mishpete ha-Tanna'im, a treatise on conditions, also anonymously translated into Hebrew. These three treatises were published together (Venice, 1604); later editions also contain commentaries by Eleazar ben Aryeh (Vienna, 1800) and by Hananiah Isaac Michael Aryeh (Salonica, 1814). Another anonymous translation of them exists in manuscript under the title "Dine Mamonot." According to Rabbi David Azulai, Hai also wrote in Arabic Sha'are Shebu'ot, a treatise on oaths. According to another Hebrew source, the original title was Kitab al-Aiman. This treatise was twice anonymously translated into Hebrew: (1) Mishpeṭe Shebu'ot (Venice, 1602; Altona, 1782); (2) Sefer Mehubbar be-Kotzer Min ha-Dinim be-Bi'ur Kelalim we-'liqarim be-Helqe Hiyyub la-Shebu'ah The Sha'are Shebu'ot were metrically arranged by an anonymous writer, probably of the thirteenth century, under the title Sha'are Dine Mamonot we-Sha'are Shebu'ot, and by Levi ben Jacob Alkalai. Hai's treatise on boundary litigations, "Metzranut," is known only through quotations. Hilkot Tefillin, Siddur Tefillah and Metibot are also quoted as his