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Eötvös Loránd University Faculty of Humanities PHD THESIS Eötvös Loránd University Faculty of Humanities PHD THESIS DOROTTYA ZSOM CONVERSOS IN THE RESPONSA OF SEPHARDIC HALAKHIC AUTHORITIES IN THE 15th CENTURY Doctoral School of History Dr. Gábor Székely DSc, Professor, Head of the Doctoral School Hebrew and Jewish Studies Program Dr. Tamás Dezső, habil. Reader, Head of the Doctoral Program Members of the examining board and their academic degrees: Chairman: Dr. Sándor Fodor, Professor Referees: Dr. Tamás Turán, Senior Research Fellow Dr. Tamás Iványi, retired Reader Secretary: Dr. Viktória Bányai, Senior Research Fellow Members: Michael L. Miller, PhD, Associate Professor, CEU Carsten Wilke, PhD, Associate Professor, CEU Dr. Oláh János, Reader, ORZSE Supervisor and his academic degree: Dr. Géza Komoróczy CsC, Professor Emeritus Budapest, 2011 Table of contents Notes on transliteration and translations ________________________________________ V Glossary __________________________________________________________________ VI Chapter 1 – Introduction ___________________________________________________ 1 I. Historical background ______________________________________________________ 1 II. Mumarim, anusim, meshummadim __________________________________________ 4 III. Subject and aim of the research _____________________________________________ 5 IV. Sources of the research ____________________________________________________ 7 V. A critical survey of the history of the research __________________________________ 8 VI. Life and works of the authors______________________________________________ 13 VI.1. Isaac ben Sheshet Perfet (Ribash) ________________________________________________ 13 IV.2. Simeon ben ÚemaÎ Duran (author of the TashbeÛ) __________________________________ 15 VI.3. Solomon ben Simeon Duran (Rashbash) __________________________________________ 16 VI.4. ÚemaÎ ben Solomon Duran (author of Yakhin u-Voaz 1) _____________________________ 16 VI.5. Simeon ben Solomon Duran (author of Yakhin u-Voaz 2) _____________________________ 17 VII. Manuscripts of the responsa studied _______________________________________ 18 VIII. List of manuscripts related to conversos ___________________________________ 30 Chapter 2 – Marriage ____________________________________________________ 34 I. Marriage customs in the Middle Ages ________________________________________ 34 II. Polygamy _______________________________________________________________ 36 III. Marriage of conversos in the responsa literature ______________________________ 38 IV. Isaac b. Sheshet Perfet: Responsum no. 5: on a Christian betrothal in Majorca ____ 42 IV.1. Legal value of acts accomplished during Christian betrothal ___________________________ 44 IV.2. Stipulations involving payment in case of breaking the engagement _____________________ 46 IV.3. Conclusion _________________________________________________________________ 47 V. Isaac b. Sheshet Perfet: Responsum no. 6: on a Christian marriage in Majorca _____ 48 V.1. Legal value of acts accomplished during Christian betrothal ___________________________ 49 V.2. YiÎud ______________________________________________________________________ 49 V.3. Licentiousness of the conversos __________________________________________________ 50 V.4. Ritual purity of marital life _____________________________________________________ 51 V.5. Conclusion __________________________________________________________________ 51 VI. Isaac b. Sheshet Perfet: Responsum no. 14: on reconsidering the terms of marriage under the pressure of riots in Majorca _________________________________________ 52 VII. Simeon b. ÚemaÎ Duran: TashbeÛ 3:47: on marriage of conversos returning to Judaism ___________________________________________________________________ 55 VII.1. The marital status of the conversos ______________________________________________ 57 VII.2. Witnesses of the betrothal _____________________________________________________ 61 VII.3. Conclusion _________________________________________________________________ 65 VIII. Solomon b. Simeon Duran: Responsum no. 89: excursus on the marital status of conversos returning to Judaism _______________________________________________ 65 IX. ÚemaÎ b. Solomon Duran: Yakhin u-Voaz 1:75: on the marital status of a converso proceeding from an adulterous relationship _____________________________________ 66 II X. ÚemaÎ b. Solomon Duran: Yakhin u-Voaz 1:107: on the validity of a marriage contracted by a convert woman without divorcing from her former Jewish husband ___ 68 X.1. Marital status of conversos______________________________________________________ 69 X.2. Circumcision ________________________________________________________________ 70 XI. Simeon b. Solomon Duran: Yakhin u-Voaz 2:3: on kohanim returning to Judaism _ 71 XI.1. Returning conversos are presumed to have Jewish mothers ____________________________ 71 XI.2. Ritual purity of marital life; circumcision__________________________________________ 72 XII. Simeon b. Solomon Duran: Yakhin u-Voaz 2:19: on double (Jewish and Christian) marriage __________________________________________________________________ 73 XIII. Simeon b. Solomon Duran: Yakhin u-Voaz 2:31: excursus on the marital status of conversos __________________________________________________________________ 75 XIII.1. The marital status of a converso is equal to that of a Jew ____________________________ 75 XIII.2. Returning conversos are presumed to have Jewish mothers __________________________ 76 XIV. Conclusion ____________________________________________________________ 76 Chapter 3 – Levirate marriage _____________________________________________ 78 I. Isaac b. Sheshet Perfet: Responsum no. 1: on the priority of the Jewish brother-in-law over the converso ___________________________________________________________ 80 II. Simeon b. ÚemaÎ Duran: TashbeÛ 3:47: on converso levirs ______________________ 82 II.1. If the marriage of a converso is valid, he is suitable for levirate marriage as well in theory, and for giving ÎaliÛah in practice ___________________________________________________________ 82 II.2. Kinship between a Jew and his convert brother ______________________________________ 82 II.3. Kinship between convert brothers ________________________________________________ 85 II.4. If the woman had known that she would be bound to a convert levir, she wouldn‘t have married at all. ____________________________________________________________________________ 86 II.5. Conclusion __________________________________________________________________ 87 III. Simeon b. Solomon Duran: Yakhin u-Voaz 2:31: on a converso levir living in a Christian land ______________________________________________________________ 88 III.1. A brother who converts does not cease to be a brother ________________________________ 90 III.2. Even those conversos who were born as Gentiles were born in holiness __________________ 90 IV. Conclusion _____________________________________________________________ 91 Chapter 4 – Divorce ______________________________________________________ 93 I. Divorce according to Jewish Law ____________________________________________ 94 II. Isaac b. Sheshet Perfet: Responsum no. 11: on converso witnesses ________________ 96 II.1. Whether those who commit transgressions under compulsion pertain to the category of ―the wicked ones of Israel‖ _____________________________________________________________ 97 II.2. Conversos remaining in Iberia got used to transgress Jewish law _______________________ 101 II.3. Converso informers __________________________________________________________ 102 II.4. Reasons for remaining in Iberia _________________________________________________ 103 III. Isaac b. Sheshet Perfet: Responsum no. 43: on converso husband called by his Christian name ____________________________________________________________ 105 IV. Simeon b. ÚemaÎ Duran: TashbeÛ 2:176: on the husband’s obligation towards contributing to the expenses of his wife’s emigration from Majorca ________________ 107 V. Simeon b. ÚemaÎ Duran: TashbeÛ 3:40, 3:43: on a converso scribe ______________ 109 V.1. Simeon b. ÚemaÎ Duran: TashbeÛ 3:40 ___________________________________________ 110 V.2. Simeon b. ÚemaÎ Duran: TashbeÛ 3:43 ___________________________________________ 110 VI. ÚemaÎ b. Solomon Duran: Yakhin u-Voaz 1:125: on a converso occasionally writing a get ______________________________________________________________________ 112 VII. Conclusion ___________________________________________________________ 113 III Chapter 5 – Dietary laws _________________________________________________ 115 I. Refraining from eating leaven on Passover ___________________________________ 117 I.1. Solomon b. Simeon Duran: Responsum no. 90: on preparing food during Passover _________ 117 I.2. ÚemaÎ b. Solomon Duran: Yakhin u-Voaz 1:125: remark about a converso observing dietary laws ______________________________________________________________________________ 119 II. Cheese ________________________________________________________________ 120 III. Conversos and Jews eating together _______________________________________ 122 IV. Conversos and Gentiles eating together, conversos eating non-kosher food _______ 123 V. Wine __________________________________________________________________ 124 V.1. Isaac b. Sheshet Perfet: Responsa nos. 4, 12 _______________________________________ 126 V.2. Simeon b. ÚemaÎ Duran: TashbeÛ 1:63: on wine sent by a converso relative from Majorca __ 130 V.3. Simeon b. ÚemaÎ Duran: TashbeÛ 1:66: on wine guarded in a Christian’s storehouse
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