ABSTRACT

This chapter takes up two instances in which Maimonides and Averroes were each independently called upon to confront the teachings of their respective legal traditions on the topic of holy war, which is to say, in classical Jewish and Islamic law, war that is mandated by Scripture. Maimonides took up the subject of war in Jewish law in a section of Mishneh Torah entitled 'the laws of kings and their wars'. As the people have seen, Maimonides rationalises both obligatory and voluntary war, yet ducks the question whether the Israelites are obligated to spread the rationally grounded seven laws beyond their borders, or simply to apply them forcibly to all persons within their jurisdiction. Islamic law provided Maimonides with some valuable parallels for determining specific legal obligations, while philosophy helped explicate the place of war in the hierarchy of ultimate ends.