Prof. Hubert Kaufhold (Munich, Germany)

The Reception of the Canons of Nicaea by the East Syrians

At the Council of Nicaea, not only were fundamental matters of faith discussed and a creed established, but twenty ecclesiastical canons were also issued. These canons are found in the legal sources of both the Eastern and Western Churches. The adoption of these canons by the East Syrian Church is documented in various sources, though they do not permit definitive conclusions. Among these sources, the most significant are the Book of Synods, a compilation of East Syrian ecclesiastical assemblies and their canons, as well as a historical account of the Council of Nicaea attributed to Bishop Marutha of Maipherqat, a city in Roman territory near the Persian border. However, the historical reliability of this account is questionable. Nevertheless, Marutha undoubtedly played a significant role in the reception of Nicene canons. He participated in the East Syrian synod held in Seleucia-Ctesiphon in 410, during which the canons of Nicaea were read aloud. However, it remains uncertain whether these were the twenty authentic canons or the so-called 73 Canons of the 318 Fathers (of Nicaea), which Marutha is said to have translated. These pseudo-Nicene canons cover a wide range of regulations concerning ecclesiastical life in a rather haphazard order. They are also known in Arabic among the Melkites. In this version with significant variations, an additional introductory section incorporates the authentic Nicene canons and others, bringing the total number to 84. Since these texts likely originated in Antioch, it can be assumed that they reached the East even before the ecclesiastical schisms of the fifth century. A chronological collection of Greek synodal canons was translated into Syriac at the beginning of the sixth century and soon became known to the East Syrians. By 543/4, this collection was available to the Synod of Mar Aba. Later an extensive chronological compilation includes both the twenty canons of Nicaea and the 73 Canons of the 318 Fathers and has been transmitted through the manuscript Notre-Dame des Semences 169. The Arabic translation of this collection, which forms the first part of The Law of Christianity by Ibn al-Ṭayyib (eleventh century), contains the same material. By the ninth century, the East Syrian metropolitan Elias al-Jawharī had compiled an Arabic collection that included thirty canons of Nicaea, closely aligning with the first twenty-nine of the eighty-four Arabic canons. He also presented the seventy-four pseudo-Nicene canons. However, in the systematic works of canon law—such as the Nomocanon of Gabriel of Basra and the two legal treatises of ʿAbdishoʿ of Nisibis—the authentic Greek canons play only a minor role. By contrast, the 73 Canons of the 318 Fathers are well represented, indicating that they held far greater practical importance than the genuine Nicene canons in the East Syrian tradition.

Curriculum Vitae

Prof. Hubert Kaufhold was born on 19 March 1943, in Braunschweig, Germany. He studied law at the universities of Münster, Munich, and Göttingen from 1962 to 1966. After passing his first state examination in law, he pursued further studies in the Philology of the Christian Orient, Semitic Studies, and Judaism at the Universities of Göttingen and Munich from 1966 to 1969. From 1969 to 1970, Kaufhold served as a research assistant at the Institute for Ancient Legal History and Papyrus Research at the University of Munich. In 1970, he obtained his PhD in the Philology of the Christian Orient from the University of Munich with a dissertation on the Law Book of the East Syrian Catholicos Yoḥannan bar Abgare, later published in 1971 as Syrische Texte zum islamischen Recht. Between 1970 and 1973, he worked as a scholarly assistant at the University of Munich‘s Law Faculty. In 1973, he completed his JD with a dissertation on the legal collection of the East Syrian metropolitan Gabriel of Baṣra, published in 1976 as Die Rechtssammlung des Gabriel von Baṣra und ihr Verhältnis zu den anderen juristischen Sammelwerken der Nestorianer. After passing his second state examination in law, he served as a public prosecutor and judge in Munich from 1973 to 2008. Since 1977, Kaufhold has regularly taught Syriac and the legal history of the Christian Orient at the University of Munich, where he was awarded the title of Honorary Professor in 1986. He has been an editor of the journal Oriens Christianus since 1979 and served on the editorial board of the electronic magazine Hugoye: Journal of Syriac Studies from 1996 to 2020. Expanding his academic expertise, Kaufhold undertook additional studies in canon law at the University of Munich between 2007 and 2010, earning a Licentiate of Canon Law in 2013. He has been a corresponding member of the Austrian Academy of Sciences since 1992 and, since 2008, a member of the Christian Orient Research Center at the Catholic University of Eichstätt-Ingolstadt. Throughout his career, Kaufhold has received numerous honors. The Bavarian Academy of Sciences awarded him the Academy Award in 2011. In 2013, Syriac Orthodox Patriarch Ignatius Zakka I Iwas conferred upon him the Order of St. Ephrem. In 2017, he became a member of the Accademia Ambrosiana in Milan and, in 2024, he was awarded the Görres Society‘s Ring of Honour. Kaufhold is the author or editor of 16 books, 90 scholarly articles, and 200 book reviews.

Publications and Works

- (with Ludwig Burgmann), Bibliographie zur Rezeption des byzantinischen Rechts im alten Rußland sowie zur Geschichte des armenischen und georgischen Rechts, Frankfurt am Main: Löwenklau, 1992. - Die armenischen Übersetzungen byzantinischer Rechtsbücher. Erster Teil: Allgemeines. Zweiter Teil: Die „Kurze Sammlung“ („Sententiae Syriacae“), herausgegeben, übersetzt und erläutert, Frankfurt am Main: Löwenklau, 1997. - (with Walter Selb), Das Syrisch-römische Rechtsbuch, 3 vols, Vienna: Austrian Academy of Sciences, 2002. - Kleines Lexikon des Christlichen Orients, Wiesbaden: Harrassowitz, 2007. - “Sources of Canon Law in the Eastern Churches,” in The History of Byzantine and Eastern Canon Law to 1500, edited by Wilfried Hartmann and Kenneth Pennington, Washington, DC: Catholic University of America Press, 2012, 215–342. - Ebedjesus von Nisibis, “Ordo iudiciorum ecclesiasticorum”: Eine Zusammenstellung der kirchlichen Rechtsbestimmungen der ostsyrischen Kirche im 14. Jahrhundert, Wiesbaden: Harrassowitz, 2019.