Copulation ought not to be permitted them [the guardians] whenever they wish and with whomever they wish, since we wish that this activity be human among them and that their copulations not be of any chance character. The arrangement of their procreation will be the best possible with respect to their conditions of guardianship, but at fixed times an with determined individuals and characteristics. This is, as it were, common to the other conventions and Laws [Shari'a], though as it appears the adherents of the Laws differ from one another in the force of the statements. We ourselves will here briefly what Plato asserts about these things.---Ibn Rushd on Plato's Republic, the first treatise, 54.20-8, translated by Ralph Lerner.
At the start of the quoted passage, Ibn Rushd is referring to the breading program of the guardians of Socrates's Kallipolis (see Republic, 457-8). It is part of a larger passage, which is explicitly presented as a what "he said" (see 54.19).* But at the second to last sentence of the quoted passage he has slipped into his own voice, something he then calls attention to in the last sentence. The next paragraph then starts with a "we say,"and Ibn Rushd is officially speaking in his own voice. But what concerns me here is the second to last sentence {This is, as it were, common to the other conventions and Laws [Shari'a], though as it appears the adherents of the Laws differ from one another in the force of the statements.} This claim is not in the Republic, and it's Ibn Rushd's addition.
But to see what's at stake we must first turn to the first sentences of Ibn Rushd's commentary on Plato's Republic; these tell us that Ibn Rushd's "epitome" only presents the scientific, that is, demonstrative elements of the Republic. (Ibn Rushd claims to have removed the dialectical arguments.) To be clear, Ibn Rushd does not present a summary of the Republic, but rather only conveys the bits that can be taken to be true,+ and useful (because it is a practical science). So, this is an epitome in both senses: it's the best parts of the Republic and a synopsis.
As an aside, the most immediately striking omissions are that Book I of the Republic is skipped almost entirely (because as he says at the of the third and final treatise, "it is entirely dialectical arguments") and the contents of Book 10 are barely conveyed. In addition, the dialogical structure of the Republic is entirely effaced. Socrates himself is only mentioned once, en passant, to remind the reader that Socrates chose death when he could not serve the polity anymore.** Ibn Rushd mentions this to convey accurately one of Socrates's claims (that physicians should not cure those who can't contribute in their functional role to society anymore), but this detail is absent in the Republic.
Okay, let me return to the main point. Two key claims of Ibn Rushd's Decisive Treatise are (a) that the hidden meaning of allegorical interpretation of Scriptures should not be shared with the masses, and (b) that (recall) such hidden knowledge can only put in texts that are demonstrative treatises, but these may only circulate among the cognitive elite. As I noted, the reason for (a) is that Ibn Rushd thinks this is the cause of (religious and political) faction; the reason for (b) is that the demonstrative sciences are recondite, and so ordinarily of little interest to the masses. (One can imagine him thinking that a text about Plato would be of even less interest!) Of course, the commentary on the Republic, does not advertise itself as offering evidence of the hidden meaning of Scriptures as revealed by allegorical interpretation. And, now we can return to the point at hand.
In the passage, Ibn Rushd is claiming that Kallipolis is not the only political constitution in which constraints on copulation serve an eugenic or domestic/artificial selective purpose. He says that this is also the point of other polities, including Islamic Sharia. And, in fact, the Quran and the Haddith, regulate, for example, when sex is and is not allowed. De facto, Ibn Rushd is offering a functional explanation of the meaning behind some of Scriptural practices.++ Another function of Sharia is to point (or to use the language of the Decisive Treatise, indicate) to the significance of good governance and good counsel (48.17).
A very important instance of Ibn Rushd's engaging with a kind of functional interpretation of Scripture occurs just after he has explained why woman ought not just be, in principle, guardians (as they are in Kallipolis), but that there is empirical evidence that they can be quite capable warriors (praising the Berber, female warriors of the dessert). And just before he goes on to explain (recall) that the institutions of his own time have the effect of dumbing down women (and causing economic hardship), he briefly pauses to note that Sharia has a tendency to prevent women from being part of the clerisy. He explains this fact as a consequence of an empirical regularity in which -- presumably in the time of revelation -- there are fewer capable women. But as the next page makes clear this regularity is itself a consequence of badly designed institutions. So, here, Ibn Rushd comes extremely close to saying that Scriptures didn't know any better based on the empirical evidence available; and that [the author(s) of] Scripture lacked the demonstrative understanding to correct for this. So, this is a case in which the hidden functionality of Scriptures reveals a defective understanding of nature.***
*On the whole Ibn Rushs effaces any distinction between Socrates and Plato.
+This raises interesting questions about how Ibn Rushd understands his own relationship to the past.
**This interpretation of Socrates's execution resonates with some comments by Socrates as represented by Plato in some of his other dialogues, but it is a rather one-sided analysis nevertheless.
++(Again, I ignore to what degree Maimonides and Ibn Rushd may have influenced each other.) Not all instances of mention of the Sharia are like this. Sometimes, Ibn Rushd is reinterpreting the Kallipolis in Islamic term. This is, as I hinted a few days ago in my discussion of the Republic, quite natural to do when it comes to Socrates's treatment of the role of religion and theology in given unity to Kallipolis and the Greeks (at Republic 427 and 470.)
***I ignore in this post the contrast (which echoes Socrates) between a regulated copulation, understood as humanity, and unregulated copulation, understood as chance. The conflation of the otherwise two-fold opposition between law and chance, man and animal is also very important.
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