BOOK REVIEWS B. Barry Levy, Fixing God's Torah: the Accuracy of the Hebrew Bible Text in Jewish

Total Page:16

File Type:pdf, Size:1020Kb

BOOK REVIEWS B. Barry Levy, Fixing God's Torah: the Accuracy of the Hebrew Bible Text in Jewish BOOK REVIEWS B. Barry Levy, Fixing God’s Torah: The Accuracy of the Hebrew Bible Text in Jewish Law (New York: Oxford University Press, 2001), 237 + xii pp. In the midst of reading Barry Levy’s exceptionally learned and well argued book, I began to identify with it personally because of what recently happened in a weekly Talmud study group I lead in Toronto. The group is made up of orthodox Jews who want to combine some of the methods of modern scholarship with the methods with which they rst studied Talmud in yeshivot and day schools. During the course of our study, we came across a Talmud passage dealing with the halakhic implications of the fact that a numbers of words in Scripture are written one way but pronounced a di Verent way. In analyzing this passage and the literary and theological issues it raises, I discussed a medieval gloss of Tosafot (B. Shab. 55b, s.v. me’aviram) and brought in for discussion some relevant responsa of R. David ibn Abi Zimra (Radbaz), who lived and wrote in late fteenth cen- tury Egypt. These responsa deal with problems arising from even greater instances of textual uidity and uncertainty, such as when words in Scriptures are spelled one way by the rabbis but another way in the text of Scripture now read publicly in the synagogue. The analysis of these responsa and their precedents and consequences comprises the heart of Levy’s study, even though I was unaware of his work at that time. At the next session of our study group, a man who had joined us a few months earlier was absent, and then he did not return at all. About a month or so later I met him by chance in the street. Not wanting to make anyone feel guilty about not coming to a purely voluntary study group, I nonetheless did not want him to think I was indiVerent to either his presence or his absence. So, I enquired about his health as a way of leading into my question about his whereabouts. With a certain amount of respectful deference, he told me, somewhat sadly: “I can no longer come to your group anymore because you were destroying everything I believe.” Taken aback at rst, since both my theology and my religious practice are quite ©Koninklijke Brill NV, Leiden, 2003 Review of Rabbinic Judaism 6.2-3 372 book reviews traditional, and the medieval texts I brought in for discussion were all from universally accepted traditional authorities, I asked him to elaborate on his rather serious charge against me. (I hadn’t even mentioned, as I sometimes do, the views of such modern critical scholars as Frankel, Ginzberg, Halivni, or Neusner.) He then told me how he came from a nonobservant and largely ignorant Jewish background. Having become dissatis ed with his customary way of life, he sought out Jewish learning coupled with Jewish observance. His rst stop on this journey was a seminar conducted by a Jewish outreach organization called “Aish Hatorah.” This organization is famous for its attempts to convince Jews that from the precise spelling and ordering of words, and especially letters, in our present masoretic text of Scripture, many astounding scienti c and historical facts (even theories) can be deduced. That, of course, means that these facts were already predicted by Scripture and encoded in its immaculate text. From this, one is to be convinced that only God could have written the Torah and, accordingly, we are now bound to keep its commandments and study it for more such information. In their view, the Torah should gain greater stature in our modern eyes because of its mathematical-like accuracy. Obviously, though, if one admits any uidity or uncertainty in the text of Scripture (especially in the Pentateuch), any discrepancies between manuscripts for example, then the whole basis of these so- called “Bible Codes” collapses. Knowing that I could not change my former pupil’s rather skewed view of the revelation of the Torah and the purpose of that revelation, I simply wished him well and urged him to nd another Talmud teacher, one less threatening to him than myself. But, if Barry Levy’s book had been available at the time of our chance meeting, I would have strongly suggested that he get a copy and read it, since it is a book by an Orthodox rabbi who is superbly trained in both classical rabbinics and mod- ern historical-critical scholarship. Maybe Levy’s book would force him to work though these issues. Surely, he is one of the people Levy had in mind in writing this book. What Levy attempts to do is justify the practice of lower textual criticism by Orthodox Jews. As he meticulously shows, even Mai- monides’ famous dogmatic assertion that the Torah we now possess is the same one given to Moses by God does not mean that we can- not recognize important variants between texts. The rabbis them-.
Recommended publications
  • TRANSGENDER JEWS and HALAKHAH1 Rabbi Leonard A
    TRANSGENDER JEWS AND HALAKHAH1 Rabbi Leonard A. Sharzer MD This teshuvah was adopted by the CJLS on June 7, 2017, by a vote of 11 in favor, 8 abstaining. Members voting in favor: Rabbis Aaron Alexander, Pamela Barmash, Elliot Dorff, Susan Grossman, Reuven Hammer, Jan Kaufman, Gail Labovitz, Amy Levin, Daniel Nevins, Avram Reisner, and Iscah Waldman. Members abstaining: Rabbis Noah Bickart, Baruch Frydman- Kohl, Joshua Heller, David Hoffman, Jeremy Kalmanofsky, Jonathan Lubliner, Micah Peltz, and Paul Plotkin. שאלות 1. What are the appropriate rituals for conversion to Judaism of transgender individuals? 2. What are the appropriate rituals for solemnizing a marriage in which one or both parties are transgender? 3. How is the marriage of a transgender person (which was entered into before transition) to be dissolved (after transition). 4. Are there any requirements for continuing a marriage entered into before transition after one of the partners transitions? 5. Are hormonal therapy and gender confirming surgery permissible for people with gender dysphoria? 6. Are trans men permitted to become pregnant? 7. How must healthcare professionals interact with transgender people? 8. Who should prepare the body of a transgender person for burial? 9. Are preoperative2 trans men obligated for tohorat ha-mishpahah? 10. Are preoperative trans women obligated for brit milah? 11. At what point in the process of transition is the person recognized as the new gender? 12. Is a ritual necessary to effect the transition of a trans person? The Committee on Jewish Law and Standards of the Rabbinical Assembly provides guidance in matters of halkhhah for the Conservative movement.
    [Show full text]
  • Chapter 2 Tort Liability in Maimonides
    CHAPTER 2 TORT LIABILITY IN MAIMONIDES’ CODE (MISHNEH TORAH): THE DOWNSIDE OF THE COMMON INTERPRETATION A. INTRODUCTION: THE MODERN STUDY OF JEWISH TORT THEORY AS A STORY OF “SELF- MIRRORING” B. THE OWNERSHIP AND STRICT LIABILITY THEORY VS. THE FAULT-BASED THEORY (PESHIAH) (1) The Difficulties of the Concept of Peshiah (2) The Common Interpretation of the Code: The “Ownership and Strict Liability Theory” C. EXEGETICAL AND CONCEPTUAL DIFFICULTIES OF THE COMMON INTERPRETATION OF MAIMONIDES (1) Maimonides did not Impose Comprehensive Strict Liability on the Tortfeasor (2) Maimonides’ Use of the Term Peshiah in Different Places (3) The Theory of Ownership Contradicts Various Rulings in the Code (4) The Problem with Finding a Convincing Rationale for the Ownership Theory D. DIFFICULTIES IN UNDERSTANDING SOME ELEMENTS OF TORT LIABILITY MENTIONED IN THE CODE (1) Rulings that are Difficult to Interpret according to Either Ownership or Fault-Based Theories (2) Providing a Rationale for the Exemption in Tort (3) Standard of Care in Damages Caused by a Person to the Property of Another: Absolute/Strict Liability or Negligence? (4) Deterrence of Risk-Causing Behavior E. RE-EXAMINING THE OPENING CHAPTER OF THE BOOK OF TORTS IN THE CODE: CONTROL AS A CENTRAL ELEMENT OF LIABILITY IN TORT F. CONCLUSION 1 A. INTRODUCTION: THE MODERN STUDY OF JEWISH TORT THEORY AS A STORY OF “SELF- MIRRORING” Isidore Twersky showed us that “[t]o a great extent the study of Maimonides is a story of ‘self- mirroring’,”1 and that the answers given by modern and medieval scholars and rabbis to some questions on the concepts of Maimonides “were as different as their evaluations of Maimonides, tempered of course by their own ideological convictions and/or related contingencies.”2 Maimonides’ opening passages of the Book of Torts (Sefer Nezikin) in the Code (Mishneh Torah) can also be described as a story of “self-mirroring”.
    [Show full text]
  • Feminist Critiques of Rabbinic Law Through the Lens of Assisted Reproductive Technologies Andrea Pemberton
    The ART of Producing Responsa: Feminist Critiques of Rabbinic Law through the Lens of Assisted Reproductive Technologies Andrea Pemberton Prior to the mid-twentieth century, when assisted reproductive technologies (ART) stepped on to the medical scene, supplications and prayers to God were the primary means for religious Jewish couples to cope with the issue of infertility. However, with the advent of artificial insemination techniques, fertility hormones, in vitro fertilization, and surrogacy, new medical technologies have successfully generated proactive methods for infertile individuals to have biological children of their own. Yet as these controversial technologies emerge, and prove to be of interest and use to Jewish persons, rabbis are compelled to contend with this new and challenging issue. In an effort to comply with halakha, or rabbinic law, modern rabbis have interpreted ART in various ways, putting restrictions on certain forms and implementing guidelines for their use in general. For religious Orthodox Jews, halakha is a prominent feature of everyday life that influences his or her actions and interactions in the most direct way. Because of this observance, Orthodox couples undergoing fertility treatment and utilizing ART take seriously the guidance of their rabbis, who are seen as authorities on halakha. Consequently, a potential problem that emerges from the halakhic discourse on assisted reproductive technologies is that this set of symbolically-loaded medical procedures takes place within the female body, yet is dictated by the tractates of a male-dominated religious legal system. The purpose of this paper, then, is to utilize feminist critiques of gender bias in legal systems to critically analyze Orthodox rabbinic discourse on assisted reproductive technologies.
    [Show full text]
  • Maimonides' Contradictory Positions Regarding
    MAIMONIDES’ CONTRADICTORY POSITIONS REGARDING THE KARAITES: A STUDY IN MAIMONIDEAN JURISPRUDENCE Yuval Sinai Netanya Academic College The contradictory positions that appear in Maimonides’ various writ- ings regarding the appropriate treatment of Karaites and heretics have merited extensive discussion in both modern and traditional scholarship.1 The problem is this. In a number of responsa and in the Epistle to Teiman (Yemen), Maimonides expresses a consistent attitude of ideological and practical vehemence towards hereticism.2 Thus, in a responsum, Maimonides prohibits counting Karaites in a prayer-quorum (minyan) or even including them for purposes of the group recitation of the Grace after Meals (zimun).3 In another responsum he states that “divorces performed by Karaites have no validity as divorces according to our Law.”4 And in the Epistle to Teiman Maimonides expressed himself scathingly against Karaites and heretics:5 It is incumbent upon you to know that the rule that nothing may be added to or diminished from the laws of Moses applies equally to the Oral Law, that is, to the traditional interpretation transmitted through the sages of blessed memory. Be cautious and on your guard lest any 1 See, e.g., comments of Y. Kapach in the Commentary on M. Hul. 1:2, n. 33; J. Faur, Studies in Rambam’s Mishneh Torah, pp. 136–144 ( Jerusalem, 1978); I. Shailat, Letters and Essays of Moses Maimonides (Maaleh Adumim, 1988), pp. 142, and pp. 668–669; D. Lasker, “The Karaite’s Influence on the Rambam,” in Sefunot 68 (2) (1991), pp. 146–149; G. Blidstein, “Maimonides’ Approach to the Karaites,” in Tehumin 8, pp.
    [Show full text]
  • Jewish Law Research Guide
    Cleveland State University EngagedScholarship@CSU Law Library Research Guides - Archived Library 2015 Jewish Law Research Guide Cleveland-Marshall College of Law Library Follow this and additional works at: https://engagedscholarship.csuohio.edu/researchguides Part of the Religion Law Commons How does access to this work benefit ou?y Let us know! Repository Citation Cleveland-Marshall College of Law Library, "Jewish Law Research Guide" (2015). Law Library Research Guides - Archived. 43. https://engagedscholarship.csuohio.edu/researchguides/43 This Web Page is brought to you for free and open access by the Library at EngagedScholarship@CSU. It has been accepted for inclusion in Law Library Research Guides - Archived by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. Home - Jewish Law Resource Guide - LibGuides at C|M|LAW Library http://s3.amazonaws.com/libapps/sites/1185/guides/190548/backups/gui... C|M|LAW Library / LibGuides / Jewish Law Resource Guide / Home Enter Search Words Search Jewish Law is called Halakha in Hebrew. Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life. Home Primary Sources Secondary Sources Journals & Articles Citations Research Strategies Glossary E-Reserves Home What is Jewish Law? Need Help? Jewish Law is called Halakha in Hebrew. Halakha from the Hebrew word Halakh, Contact a Law Librarian: which means "to walk" or "to go;" thus a literal translation does not yield "law," but rather [email protected] "the way to go". Phone (Voice):216-687-6877 Judaism classically draws no distinction in its laws between religious and Text messages only: ostensibly non-religious life 216-539-3331 Jewish religious tradition does not distinguish clearly between religious, national, racial, or ethnic identities.
    [Show full text]
  • Rabbi Dr. Mark Washofsky: Jewish Law in Reform Judaism
    RABBI DR. MARK WASHOFSKY: JEWISH LAW IN REFORM JUDAISM JOSHUA HOLO: Welcome to the College Commons Bully Pulpit Podcast, Torah with a Point of View, produced by the Hebrew Union College Jewish Institute of Religion, America’s first Jewish Institution of higher learning. My name is Joshua Holo, your host and Dean of the Jack H. Skirball campus in Los Angeles. It’s my pleasure to welcome Professor Mark Washofsky, the Solomon B. Freehof Professor of Jewish Law at the Hebrew Union College Jewish Institute of Religion. Mark it’s a pleasure to have you. Thank you for joining us. RABBI WASHOFSKY: It’s great to be here. Thanks Josh. HOLO: I’d like to talk to a little bit about Jewish law which you teach at our institution, the Hebrew Union College, and I have to start by asking the question that comes from our shared Reform context, what’s the place of Jewish law in the very movement that most challenged the authority of Jewish law in the first place, the Reform Movement? WASHOFSKY: When someone asks me, “What do you do? What do you teach?” And I say, “Well, I teach Talmud and Jewish law at a Reform rabbinical school,” they said, “You must feel like the late Rodney Dangerfield. You know, how does anybody respect what you’re doing?” Part of my job, of course, is purely academic, to teach the material because rabbis have always studied this material. But an even more important part of my job is to explain why it’s important. It’s important because without Jewish law there would be no Jewish action.
    [Show full text]
  • Jews and Mormons: Two Houses of Israel Frank J. Johnson and Rabbi William J
    BYU Studies Quarterly Volume 41 Issue 4 Article 4 10-1-2002 Jews and Mormons: Two Houses of Israel Frank J. Johnson and Rabbi William J. Leffler David E. Bokovoy Follow this and additional works at: https://scholarsarchive.byu.edu/byusq Recommended Citation Bokovoy, David E. (2002) "Jews and Mormons: Two Houses of Israel Frank J. Johnson and Rabbi William J. Leffler," BYU Studies Quarterly: Vol. 41 : Iss. 4 , Article 4. Available at: https://scholarsarchive.byu.edu/byusq/vol41/iss4/4 This Book Review is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in BYU Studies Quarterly by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Bokovoy: <em>Jews and Mormons: Two Houses of Israel</em> Frank J. Johnson frank J johnson and rabbi william J leffler ca 0 jews and Morcormonsmormonsmons two houses of israel 0 hoboken new york ktavkeav publishing 2000 X M M by E bokovoy reviewed david M C n addition to everything else they do words can be ambassadors of iingoodwill spreading the messages ofa culture 1 this statement by joseph lowin the director of cultural services at the national foundation for jewish culture coincides with the thesis of jews and Morcormonsmormonsmons two houses of israel jews need to know more about mormonism and cormonsmormons about judaism 131 the authors frank J johnson a mormon high priest and william J leffler a jewish rabbi undertake to explain the differences and similarities
    [Show full text]
  • Responsa in a Moment Volume 2, Number 3 December 2007
    Responsa in a Moment Volume 2, Number 3 December 2007 Does Jewish Law Permit Cremation? by Rabbi Isaac Klein z”l edited by Rabbi David Golinkin Background: In July 2005, Alon Nativ opened up “Aley Shalechet”, Israel’s first crematorium, in Hibbat Zion, a Moshav south of Hadera. In January 2006, the Chief Rabbinate announced that the ashes of cremated Jews should be rejected by all burial societies and the relatives of those cremated should not sit Shiva, say Kaddish or observe any mourning rituals. On August 22, 2007, the crematorium at Hibbat Zion was burned down by arsonists. The residents of Hibbat Zion, both religious and secular, expressed across-the-board opposition to the crematorium. In January 2007 and August 2007, the Shas party said that it wants to pass legislation outlawing cremation in Israel. According to Aley Shalechet, cremation is chosen in the Western World as follows: Japan 99.9%; Switzerland 75.5%; England 73%; Sweden and Denmark 70%; Canada 45%; U.S. 32%; Spain 17.8%; Italy 16%. A 2002 survey by Geocartographia in Israel, found that about 10% of Israeli Jews would choose cremation. Even so, only 450 people turned to Aley Shalechet, and 80% of them are alive and well.1 In light of the above, it is timely to publish this heretofore unpublished responsum by Rabbi Isaac Klein z”l. It was, apparently, written for the Committee on Jewish Law and Standards of the Rabbinical Assembly in 1976. It was subsequently listed in indices of Conservative responsa. 2 I xeroxed a copy of the responsum in 1990 from the CJLS archives in New York but could not locate the xerox in 2005, when we republished Rabbi Klein’s Responsa and Halakhic Studies.
    [Show full text]
  • The Dying Person in Jewish Law and Ethics Philip J
    Loyola University Chicago Law Journal Volume 37 Article 7 Issue 2 Winter 2006 2006 The hS attered Vessel: The Dying Person in Jewish Law and Ethics Philip J. Bentley Agudas Israel Synagogue Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Medical Jurisprudence Commons, and the Religion Law Commons Recommended Citation Philip J. Bentley, The Shattered Vessel: The Dying Person in Jewish Law and Ethics, 37 Loy. U. Chi. L. J. 433 (2006). Available at: http://lawecommons.luc.edu/luclj/vol37/iss2/7 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. The Shattered Vessel: The Dying Person in Jewish Law and Ethics Philip J. Bentley, DD* I. INTRODUCTION On the day when Rabbi died the Rabbis decreed a public fast and offered prayers for heavenly mercy. They furthermore announced that whoever said that Rabbi was dead would be stabbed with a sword. Rabbi's handmaid ascended the roof and prayed: 'The immortals desire Rabbi [to join them] and the mortals desire Rabbi [to remain with them]; may it be the will [of God] that the mortals may overpower the immortals.' When, however, she saw how often he resorted to the privy, painfully taking off his tefillin and putting them on again, she prayed: 'May it be the will [of the Almighty] that the immortals may overpower the mortals.' As the Rabbis incessantly continued their prayers for [heavenly] mercy she took up a jar and threw it down from the roof to the ground.
    [Show full text]
  • 2130 Jewish Ethics FALL 2010A
    THIS COURSE OUTLINE IS NOT FINAL UNTIL THE FIRST DAY OF CLASS CARLETON UNIVERSITY JEWISH ETHICS COLLEGE OF THE HUMANITIES RELI 2130A: FALL 2010 RELIGION PROGRAM MON 2:35-5:25 Office: Paterson Hall 2a52 Dr Deidre Butler Phone: 613-520-2600 ext 8106 [email protected] Office hours: Tues 1:05 – 2:00, Wed 2:45-4:00, also by appointment Mondays Description: This 2000 level course explores Jewish ethics through biblical, rabbinic, and contemporary sources in the interest of understanding the historical, cultural, philosophical, and theological foundations of contemporary Jewish ethical issues. The first half of the course focuses on classical texts and historical context and highlights key issues in the development of Jewish ethical discourses. The second half of the course focuses on developing case studies using classical and contemporary sources with an emphasis on Jewish legal arguments. Case studies this year include: the body, intimacy and sexuality, and bio-medical ethics. Required Texts: Required readings prepare you for class Course Evaluation: lectures and discussions. Always read the required text and . 10% Participation submit your Blog entry prior to the class meeting. 30% In-class Exam . Louis E. Newman, An Introduction to Jewish Ethics, Prentice . 20% Final Assignment Hall . 40% Weekly Blog (due . Elliot N. Dorff and Danya Ruttenberg, Jewish Choices, Jewish before coming to class) Voices: Sex and Intimacy, Jewish Publication Society of America NOTE: There is a very clear . Elliot N. Dorff and Danya Ruttenberg, Jewish Choices, Jewish correlation between attendance, Voices: Body, Jewish Publication Society of America doing work throughout the term, . Additional Readings on Web CT and Online and success in a given course.
    [Show full text]
  • Kitniyot on Pesah – Are They Really Forbidden?
    Rice, beans and kitniyot on Pesah – are they really forbidden? By Rabbi David Golinkin The following responsum was approved by the CJLS on December, 24 2015 by a vote of fifteen in favor, three opposed, and four abstaining (15-3-4). Voting for: Rabbis Kassel Abelson, Pamela Barmash, David Booth, Elliot Dorff, Susan Grossman, Reuven Hammer, Joshua Heller, Jeremy Kalmanofsky, Adam Kligfeld, Gail Labovitz, Jonathan Lubliner, Daniel Nevins, Paul Plotkin, Elie Spitz, and Jay Stein. Voting against: Rabbis Amy Levin, Micah Peltz, and Avram Reisner. Abstaining: Rabbis Aaron Alexander, Miriam Berkowitz, Baruch Frydman-Kohl, and Noah Bickart This responsum was originally written in Hebrew for the Va'ad Halakhah of the Rabbinical Assembly of Israel in 1989 and published in the Responsa of the Va'ad Halakhah 3 (5748- 5749), pp. 35-55 (which can be accessed at www.responsafortoday.com/vol3/4.pdf). It was aimed at Israel where hundreds of products are labeled "Kosher for Pesah for those who eat Kitniyot" and where many Ashkenazim marry Sephardim. This revised translation is addressed to all Jews. In this version, we have added some new sources and references, but we have also abbreviated some sections by referring to the Hebrew original. Since this responsum is quite lengthy, I have included a brief summary at the beginning. DG * * * * * Question: Why do Ashkanazic Jews refrain from eating rice, beans and kitniyot on Pesah? Is there any way of doing away with this custom which causes much hardship and also divides Jewish communities and even members of the same family? A Brief Summary of the Responsum: 1) In our opinion it is permitted (and perhaps even obligatory) to eliminate this custom.
    [Show full text]
  • 200 Religion
    200 200 Religion Beliefs, attitudes, practices of individuals and groups with respect to the ultimate nature of existences and relationships within the context of revelation, deity, worship Including public relations for religion Class here comparative religion; religions other than Christianity; works dealing with various religions, with religious topics not applied to specific religions; syncretistic religious writings of individuals expressing personal views and not claiming to establish a new religion or to represent an old one Class a specific topic in comparative religion, religions other than Christianity in 201–209. Class public relations for a specific religion or aspect of a religion with the religion or aspect, e.g., public relations for a local Christian church 254 For government policy on religion, see 322 See also 306.6 for sociology of religion See Manual at 130 vs. 200; also at 200 vs. 100; also at 201–209 and 292–299 SUMMARY 200.1–.9 Standard subdivisions 201–209 Specific aspects of religion 210 Philosophy and theory of religion 220 Bible 230 Christianity 240 Christian moral and devotional theology 250 Local Christian church and Christian religious orders 260 Christian social and ecclesiastical theology 270 History, geographic treatment, biography of Christianity 280 Denominations and sects of Christian church 290 Other religions > 200.1–200.9 Standard subdivisions Limited to comparative religion, religion in general .1 Systems, scientific principles, psychology of religion Do not use for classification; class in 201.
    [Show full text]