DOCSLIB.ORG

SYNOPSIS the Mishnah and Tosefta Are Two Related Works of Legal

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
SYNOPSIS the Mishnah and Tosefta Are Two Related Works of Legal SYNOPSIS The Mishnah and Tosefta are two related works of legal discourse produced by Jewish sages in Late Roman Palestine. In these works, sages also appear as primary shapers of Jewish law. They are portrayed not only as individuals but also as “the SAGES,” a literary construct that is fleshed out in the context of numerous face-to-face legal disputes with individual sages. Although the historical accuracy of this portrait cannot be verified, it reveals the perceptions or wishes of the Mishnah’s and Tosefta’s redactors about the functioning of authority in the circles. An initial analysis of fourteen parallel Mishnah/Tosefta passages reveals that the authority of the Mishnah’s SAGES is unquestioned while the Tosefta’s SAGES are willing at times to engage in rational argumentation. In one passage, the Tosefta’s SAGES are shown to have ruled hastily and incorrectly on certain legal issues. A broader survey reveals that the Mishnah also contains a modest number of disputes in which the apparently sui generis authority of the SAGES is compromised by their participation in rational argumentation or by literary devices that reveal an occasional weakness of judgment. Since the SAGES are occasionally in error, they are not portrayed in entirely ideal terms. The Tosefta’s literary construct of the SAGES differs in one important respect from the Mishnah’s. In twenty-one passages, the Tosefta describes a later sage reviewing early disputes. Ten of these reviews involve the SAGES. In each of these, the later sage subjects the dispute to further analysis that accords the SAGES’ opinion no more a priori weight than the opinion of individual sages. They result in a narrowing of the scope of the SAGES’ opinion and a broadening of the scope of an individual sage’s opinion. By applying rational criteria, these reviews have the effect of undermining the SAGES authority. However, the full body of twenty-one Toseftan reviews is apparently motivated by an increased emphasis on rational analysis rather than an agenda to undermine that authority. This approach prefigures the later, more comprehensive use of rational analysis to evaluate the whole of tradition that is found in the Babylonian Talmud. KEY TERMS Mishnah, Tosefta, Sages, Authority, Tannaitic, Third Century C.E., Literary construct, Rational analysis, Halakhic midrash, Rabbi, Rabbinic, Amoraic, Talmud THE AUTHORITY OF THE SAGES: HOW THE MISHNAH AND TOSEFTA DIFFER by Carl Allen Kinbar submitted in accordance with the requirements for the degree of DOCTOR OF LITERATURE AND PHILOSOPHY in the subject of JUDAICA at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Dr P J Haas CO-SUPERVISOR: Prof J C Lübbe November, 2011 ACKNOWLEDGEMENTS It has been my good fortune to have worked with two remarkable promoters of this thesis, Dr. John C. Lübbe, recently retired from UNISA, and Professor Peter Haas. Dr. Lübbe’s concern for methodological issues, coupled with his very encouraging manner, made him an ideal advisor. His guidance concerning the European thesis model, chronicling the progress of research rather than anticipating results before the fact, was very compatible with the synoptic method employed in this thesis, providing me the flexibility to change course somewhat when some unexpected information surfaced, requiring additional research, during my work on chapter 6. Prof. Haas has been no less the ideal advisor, but in a different way. His detailed reviews of my chapters, always provided within days of submission, gave me the guidance I needed to streamline and focus my work. Although I suspect that he did not always agree with my ideas, his concern was not that I adopt certain views but that I express my observations and explanations with clarity and justify them reasonably, I am also thankful to my good friend Dr. John Fischer who suggested, argued, prodded, and nudged me to continue my studies. Most of all, I want to express my deep appreciation for the consistent support of my wife Anna during my years of graduate study and thesis writing. For a period of time she was more determined than I to see it through. I could not have done it without her. CONTENTS Acknowledgements i Introduction 1 Chapter One – The Tannaitic Milieu: Mishnaic and Toseftan Material 25 in the Halakhic Midrashim Chapter Two – The Mishnah and Tosefta Relationship Viewed 46 from the Talmudic Era to the Present Chapter Three – Tannaitic Dispute Forms 68 Chapter Four – Analysis of a SAGES Parallel 91 Chapter Five – SAGES Parallels in Mishnah and Tosefta Seder Mo’ed 109 Chapter Six – Views of the Authority of the SAGES 153 Chapter Seven – The SAGES as a Literary Construct: Authority and 174 the Role of Rational Analysis Appendix 1 – All SAGES Disputes in Mishnah/Tosefta Seder Moed 188 Appendix 2 – Reviews of SAGES and Non-SAGES Disputes in the 195 Tosefta and Mishnah Appendix 3 – The Use of Concession Language in the Tosefta and 196 Mishnah Bibliography 198 INTRODUCTION This thesis concerns two related works of legal discourse, the Mishnah and Tosefta, produced by Jewish scholar-sages in Late Roman Palestine. In these works, sages appear as central protagonists and shapers of halakhah (Jewish law).1 They are portrayed not only as a term that ,(חכמים) ”individuals and in small gatherings of sages, but also as “the SAGES seems intended to represent an authoritative majority or consensus of the network of sages, or of a sub-group such as the majority of sages in a certain city, or even the majority of a small gathering of sages. In order to distinguish this collective term from the more general use of “sages,” I use “the SAGES” (small caps) to refer to those who participate in halakhic discourse as a group with one voice. The way expressions such as “the SAGES say” are used in a vast number of halakhic disputes colors the SAGES with a collective authority that is not possessed by individual sages. The prominent role of the SAGES in the Mishnah and Tosefta provokes my thesis question, “How do the Mishnah and Tosefta depict the authority of the SAGES as a group?” The Mishnah and Tosefta were produced in the traumatic period following the destruction of the Second Temple in 70 C.E. Although there remained some hope that the Temple would be rebuilt, the removal of this center of Jewish national life proved to be the death knell for almost all Jewish religious sects of the time and also served as a powerful stimulus for the radical transformation of what remained. In the first one hundred and fifty years following the destruction of the Second Temple, a group of Jewish scholar-sages, known to us as the Tannaim, received, transformed, and transmitted the laws and lore of pre- destruction Judaism. The sages were literate, but they apparently carried on these processes primarily in the form of oral discourse and transmission. As the era was drawing to a close, the sages began to redact the traditions in a more formal manner. The first work of the sages to be redacted, in about 225 C.E., was the Mishnah, a compendium of halakhic (Jewish legal) discourse whose redactors selected, sorted, shaped, and supplemented received tradition. It is possible, though far from certain, that the Mishnah was written down when it was redacted; 1 I define words that may not be familiar to non-specialist when they first occur. They emboldened to draw attention to their importance of the role they play in this thesis. 1 even if written down, it is not established that it was circulated in written form during the third century. The Mishnah is divided into six parts, or Orders, according to these broad categories: Seeds, concerning with prayer and blessings, tithes, and agricultural laws Festival, concerning the laws of the Sabbath and the Festivals Women, concerning marriage, divorce, and related matters Damages, concerning civil and criminal law Holy things, concerning sacrificial rites and dietary laws Purities, concerning laws of ritual purity and impurity of the body and food These Orders are subdivided into tractates that focus on more discrete areas of halakhah. What actions are mandated, permitted, or forbidden? What is valid or invalid, ritually pure or impure? What penalties are imposed for infractions? The Mishnah later became a foundational work in the formation of Rabbinic Judaism. After the Mishnah and the waning of the Tannaitic period (70 - 225 C.E.), the scholar-sages produced about a half-dozen works concerning the legal implications of the biblical books Exodus through Deuteronomy. These works are known as the halakhic midrash collections (midrash may be loosely understood as “interpretation”). However, unlike the Mishnah, which is ordered according to subject matter, the halakhic midrash collections are structured as verse-by-verse commentaries. The halakhic midrash collections (also referred to as the halakhic midrashim or midrash halakhah) were probably redacted in the second half of the third century C.E. or just after the turn of the century (Stemberger 1996, 250-251). Although they were redacted after the closes of the Tannaitic period, which came to an end with the redaction of the Mishnah, they consist almost entirely of tannaitic materials. As is the case with the Mishnah, it is not known whether the halakhic midrash collections were written down when they were redacted or at a later time, and, if written, whether they were circulated in written or oral form. The Tosefta, a work similar to the Mishnah, was redacted at about the same time as the halakhic midrash collections (ibid, 157). Like these collections, it was redacted after the close of the Tannaitic period but consists almost entirely of tannaitic materials. The Tosefta is less tightly edited than the Mishnah, yet both are organized topically in the same six Orders and all but a few of the same tractates.
Load more

Recommended publications
  • Women As Shelihot Tzibur for Hallel on Rosh Hodesh
    MilinHavivinEng1 7/5/05 11:48 AM Page 84 William Friedman is a first-year student at YCT Rabbinical School. WOMEN AS SHELIHOT TZIBBUR FOR HALLEL ON ROSH HODESH* William Friedman I. INTRODUCTION Contemporary sifrei halakhah which address the issue of women’s obligation to recite hallel on Rosh Hodesh are unanimous—they are entirely exempt (peturot).1 The basis given by most2 of them is that hallel is a positive time-bound com- mandment (mitzvat aseh shehazman gramah), based on Sukkah 3:10 and Tosafot.3 That Mishnah states: “One for whom a slave, a woman, or a child read it (hallel)—he must answer after them what they said, and a curse will come to him.”4 Tosafot comment: “The inference (mashma) here is that a woman is exempt from the hallel of Sukkot, and likewise that of Shavuot, and the reason is that it is a positive time-bound commandment.” Rosh Hodesh, however, is not mentioned in the list of exemptions. * The scope of this article is limited to the technical halakhic issues involved in the spe- cific area of women’s obligation to recite hallel on Rosh Hodesh as it compares to that of men. Issues such as changing minhag, kol isha, areivut, and the proper role of women in Jewish life are beyond that scope. 1 R. Imanu’el ben Hayim Bashari, Bat Melekh (Bnei Brak, 1999), 28:1 (82); Eliyakim Getsel Ellinson, haIsha vehaMitzvot Sefer Rishon—Bein haIsha leYotzrah (Jerusalem, 1977), 113, 10:2 (116-117); R. David ben Avraham Dov Auerbakh, Halikhot Beitah (Jerusalem, 1982), 8:6-7 (58-59); R.
    [Show full text]
  • A Midrashic Reading of the Akedah
    The Fruits of Dissent and the Operationalization of Faith: A Midrashic Reading of the Akedah Elliot Lyons 1 Introduction The Bible is a text fraught with ‘gaps’ – narrative silences, inconsistencies, and places where questions arise – and as such yearns to be interpreted. Genesis 22, Abraham’s intended sacrifice of Isaac, the Akedah (‘binding’) as it is known in Judaism, is nothing but exemplary in this regard. The biblical text main- tains two ‘gaps’1 where Midrash – biblical interpretation in the Jewish tradi- tion which juxtaposes biblical passages – places Satan into the narrative in a manner that emphasizes the fortification of faith through interrogating its very premises.2 The more questions put to Abraham, in other words, the deeper his faith becomes. Accordingly, this chapter will begin by locating the two main ‘gaps’ in the text: Genesis 22:1, where Abraham was tested “after these things/ words”, and the narratological gap between verses three and four. In presenting the textual gaps, I will use traditional historical-critical exegesis in order to juxtapose the radical potential and imagination present in Midrash to a method of interpre- tation that either entirely fails to answer the gaps, or only glimpses the tip of the theological iceberg that is the Akedah. Next I will discuss three Midrashim, from Genesis Rabbah (GR), from Midrash Tanhumah Yelammedenu (TY), and from the Babylonian Talmud (BT), which reconsider the gaps from the first half of the chapter in light of Satan questioning the ethics of a sacrifice-forged faith, and God pressing the grim task of filicide. 1 There is another ‘gap’ between the end of chapter 22 and the beginning of chapter 23, where Abraham returns and finds Sarah dead.
    [Show full text]
  • 1 Jews, Gentiles, and the Modern Egalitarian Ethos
    Jews, Gentiles, and the Modern Egalitarian Ethos: Some Tentative Thoughts David Berger The deep and systemic tension between contemporary egalitarianism and many authoritative Jewish texts about gentiles takes varying forms. Most Orthodox Jews remain untroubled by some aspects of this tension, understanding that Judaism’s affirmation of chosenness and hierarchy can inspire and ennoble without denigrating others. In other instances, affirmations of metaphysical differences between Jews and gentiles can take a form that makes many of us uncomfortable, but we have the legitimate option of regarding them as non-authoritative. Finally and most disturbing, there are positions affirmed by standard halakhic sources from the Talmud to the Shulhan Arukh that apparently stand in stark contrast to values taken for granted in the modern West and taught in other sections of the Torah itself. Let me begin with a few brief observations about the first two categories and proceed to somewhat more extended ruminations about the third. Critics ranging from medieval Christians to Mordecai Kaplan have directed withering fire at the doctrine of the chosenness of Israel. Nonetheless, if we examine an overarching pattern in the earliest chapters of the Torah, we discover, I believe, that this choice emerges in a universalist context. The famous statement in the Mishnah (Sanhedrin 4:5) that Adam was created singly so that no one would be able to say, “My father is greater than yours” underscores the universality of the original divine intent. While we can never know the purpose of creation, one plausible objective in light of the narrative in Genesis is the opportunity to actualize the values of justice and lovingkindness through the behavior of creatures who subordinate themselves to the will 1 of God.
    [Show full text]
  • Foreword, Abbreviations, Glossary
    FOREWORD, ABBREVIATIONS, GLOSSARY The Soncino Babylonian Talmud TRANSLATED INTO ENGLISH WITH NOTES Reformatted by Reuven Brauner, Raanana 5771 1 FOREWORDS, ABBREVIATIONS, GLOSSARY Halakhah.com Presents the Contents of the Soncino Babylonian Talmud TRANSLATED INTO ENGLISH WITH NOTES, GLOSSARY AND INDICES UNDER THE EDITORSHIP OF R AB B I D R . I. EPSTEIN B.A., Ph.D., D. Lit. FOREWORD BY THE VERY REV. THE LATE CHIEF RABBI DR. J. H. HERTZ INTRODUCTION BY THE EDITOR THE SONCINO PRESS LONDON Original footnotes renumbered. 2 FOREWORDS, ABBREVIATIONS, GLOSSARY These are the Sedarim ("orders", or major There are about 12,800 printed pages in the divisions) and tractates (books) of the Soncino Talmud, not counting introductions, Babylonian Talmud, as translated and indexes, glossaries, etc. Of these, this site has organized for publication by the Soncino about 8050 pages on line, comprising about Press in 1935 - 1948. 1460 files — about 63% of the Soncino Talmud. This should in no way be considered The English terms in italics are taken from a substitute for the printed edition, with the the Introductions in the respective Soncino complete text, fully cross-referenced volumes. A summary of the contents of each footnotes, a master index, an index for each Tractate is given in the Introduction to the tractate, scriptural index, rabbinical index, Seder, and a detailed summary by chapter is and so on. given in the Introduction to the Tractate. SEDER ZERA‘IM (Seeds : 11 tractates) Introduction to Seder Zera‘im — Rabbi Dr. I Epstein INDEX Foreword — The Very Rev. The Chief Rabbi Israel Brodie Abbreviations Glossary 1.
    [Show full text]
  • Jewish Perspectives on Reproductive Realities by Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’S Reproductive Health, Rights and Justice Initiative
    Jewish Perspectives on Reproductive Realities By Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’s Reproductive Health, Rights and Justice Initiative A note on the content below: We acknowledge that this document invokes heavily gendered language due to the prevailing historic male voices in Jewish rabbinic and biblical perspectives, and the fact that Hebrew (the language in which these laws originated) is a gendered language. We also recognize some of these perspectives might be in contradiction with one another and with some of NCJW’s approaches to the issues of reproductive health, rights, and justice. Background Family planning has been discussed in Judaism for several thousand years. From the earliest of the ‘sages’ until today, a range of opinions has existed — opinions which can be in tension with one another and are constantly evolving. Historically these discussions have assumed that sexual intimacy happens within the framework of heterosexual marriage. A few fundamental Jewish tenets underlie any discussion of Jewish views on reproductive realities. • Protecting an existing life is paramount, even when it means a Jew must violate the most sacred laws.1 • Judaism is decidedly ‘pro-natalist,’ and strongly encourages having children. The duty of procreation is based on one of the earliest and often repeated obligations of the Torah, ‘pru u’rvu’, 2 to be ‘fruitful and multiply.’ This fundamental obligation in the Jewish tradition is technically considered only to apply to males. Of course, Jewish attitudes toward procreation have not been shaped by Jewish law alone, but have been influenced by the historic communal trauma (such as the Holocaust) and the subsequent yearning of some Jews to rebuild community through Jewish population growth.
    [Show full text]
  • Rosh Hashanah Jewish New Year
    ROSH HASHANAH JEWISH NEW YEAR “The LORD spoke to Moses, saying: Speak to the Israelite people thus: In the seventh month, on the first day of the month, you shall observe complete rest, a sacred occasion commemorated with loud blasts. You shall not work at your occupations; and you shall bring an offering by fire to the LORD.” (Lev. 23:23-25) ROSH HASHANAH, the first day of the seventh month (the month of Tishri), is celebrated as “New Year’s Day”. On that day the Jewish people wish one another Shanah Tovah, Happy New Year. ש נ ָׁהָׁטוֹב ָׁה Rosh HaShanah, however, is more than a celebration of a new calendar year; it is a new year for Sabbatical years, a new year for Jubilee years, and a new year for tithing vegetables. Rosh HaShanah is the BIRTHDAY OF THE WORLD, the anniversary of creation—a fourfold event… DAY OF SHOFAR BLOWING NEW YEAR’S DAY One of the special features of the Rosh HaShanah prayer [ רֹאשָׁהַש נה] Rosh HaShanah THE DAY OF SHOFAR BLOWING services is the sounding of the shofar (the ram’s horn). The shofar, first heard at Sinai is [זִכְּ רוֹןָׁתְּ רּועה|יוֹםָׁתְּ רּועה] Zikaron Teruah|Yom Teruah THE DAY OF JUDGMENT heard again as a sign of the .coming redemption [יוֹםָׁהַדִ ין] Yom HaDin THE DAY OF REMEMBRANCE THE DAY OF JUDGMENT It is believed that on Rosh [יוֹםָׁהַזִכְּ רוֹן] Yom HaZikaron HaShanah that the destiny of 1 all humankind is recorded in ‘the Book of Life’… “…On Rosh HaShanah it is written, and on Yom Kippur it is sealed, how many will leave this world and how many will be born into it, who will live and who will die..
    [Show full text]
  • A USER's MANUAL Part 1: How Is Halakhah Organized?
    TORAHLEADERSHIP.ORG RABBI ARYEH KLAPPER HALAKHAH: A USER’S MANUAL Part 1: How is Halakhah Organized? I. How is Halakhah Organized? 4 case studies a. Mishnah Berakhot 1:1, and gemara thereupon b. Support of the poor Peiah, Bava Batra, Matnot Aniyyim, Yoreh Deah) c. Conversion ?, Yevamot, Issurei Biah, Yoreh Deah) d. Mourning Moed Qattan, Shoftim, Yoreh Deiah) Mishnah Berakhot 1:1 From what time may one recite the Shema in the evening? From the hour that the kohanim enter to eat their terumah Until the end of the first watch, in the opinion of Rabbi Eliezer. The Sages say: Until midnight. Rabban Gamliel says: Until morning. It happened that his sons came from a wedding feast. They said to him: We have not yet recited the Shema. He said to them: If it has not yet morned, you are obligated to recite it. Babylonian Talmud Berakhot 2a What is the context of the Mishnah’s opening “From when”? Also, why does it teach about the evening first, rather than about the morning? The context is Scripture saying “when you lie down and when you arise” (Devarim 6:7, 11:9). what the Mishnah intends is: “The time of the Shema of lying-down – when is it?” Alternatively: The context is Creation, as Scripture writes “There was evening and there was morning”. Mishnah Berakhot 1:1 (continued) Not only this – rather, everything about which the Sages say until midnight – their mitzvah is until morning. The burning of fats and organs – their mitzvah is until morning. All sacrifices that must be eaten in a day – their mitzvah is until morning.
    [Show full text]
  • Demai for the Poor
    בס"ד Volume 13. Issue 11 Demai for the Poor The Mishnah (3:1) teaches that one is able to feed that the Rambam explained the leniency was motivated demai produce to the poor. In other words, the to ease the mitzvah of tzedaka. Consequently, the requirement of separating terumot and maasrot from leniency is only afforded to the ani in that context - demai produce is lifted for an ani (poor person). The when one feeds an ani. If, however the ani receives a Mishnah continues that this leniency was also afforded good portion as part of a tzedaka distribution and takes to the achsanya. The Bartenura explains that this refers it home, then he is obligated to separate Demai. He to Jewish soldiers that passed through from town to explains that that is why the Mishnah used to word town. By force of law, the people of each town were “ma’achilin” (feed) and not “ochlin” (eat) when made responsible to feed them. Why are these people teaching this exemption, since it is only in the context excluded from the gezeirah of demai? of feeding the ani that he is exempt. This would also explain why the Mishnah only records the requirement Rashi (Eiruvin 17b) explains that whether or not one is of informing the ani in the case of a tzedaka truly required to separate terumot and maasrot from distribution but not in the case of feeding aniim demai. demai is doubtful – it is a safek. Furthermore, most Amei Haaretz separated everything that was required The Tosfot Yom Tov, however notes that the Rambam anyway.
    [Show full text]
  • The Humanity of the Talmud: Reading for Ethics in Bavli ʿavoda Zara By
    The Humanity of the Talmud: Reading for Ethics in Bavli ʿAvoda Zara By Mira Beth Wasserman A dissertation submitted in partial satisfaction of the requirements for the degree of Joint Doctor of Philosophy with Graduate Theological Union, Berkeley in Jewish Studies in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Daniel Boyarin, chair Professor Chana Kronfeld Professor Naomi Seidman Professor Kenneth Bamberger Spring 2014 Abstract The Humanity of the Talmud: Reading for Ethics in Bavli ʿAvoda Zara by Mira Beth Wasserman Joint Doctor of Philosophy with Graduate Theological Union, Berkeley University of California, Berkeley Professor Daniel Boyarin, chair In this dissertation, I argue that there is an ethical dimension to the Babylonian Talmud, and that literary analysis is the approach best suited to uncover it. Paying special attention to the discursive forms of the Talmud, I show how juxtapositions of narrative and legal dialectics cooperate in generating the Talmud's distinctive ethics, which I characterize as an attentiveness to the “exceptional particulars” of life. To demonstrate the features and rewards of a literary approach, I offer a sustained reading of a single tractate from the Babylonian Talmud, ʿAvoda Zara (AZ). AZ and other talmudic discussions about non-Jews offer a rich resource for considerations of ethics because they are centrally concerned with constituting social relationships and with examining aspects of human experience that exceed the domain of Jewish law. AZ investigates what distinguishes Jews from non-Jews, what Jews and non- Jews share in common, and what it means to be a human being. I read AZ as a cohesive literary work unified by the overarching project of examining the place of humanity in the cosmos.
    [Show full text]
  • Designing the Talmud: the Origins of the Printed Talmudic Page
    Marvin J. Heller The author has published Printing the Talmud: A History of the Earliest Printed Editions of the Talmud. DESIGNING THE TALMUD: THE ORIGINS OF THE PRINTED TALMUDIC PAGE non-biblical Jewish work,i Its redaction was completed at the The Talmudbeginning is indisputablyof the fifth century the most and the important most important and influential commen- taries were written in the middle ages. Studied without interruption for a milennium and a half, it is surprising just how significant an eftèct the invention of printing, a relatively late occurrence, had upon the Talmud. The ramifications of Gutenberg's invention are well known. One of the consequences not foreseen by the early practitioners of the "Holy Work" and commonly associated with the Industrial Revolution, was the introduction of standardization. The spread of printing meant that distinct scribal styles became generic fonts, erratic spellngs became uni- form and sequential numbering of pages became standard. The first printed books (incunabula) were typeset copies of manu- scripts, lacking pagination and often not uniform. As a result, incunabu- la share many characteristics with manuscripts, such as leaving a blank space for the first letter or word to be embellshed with an ornamental woodcut, a colophon at the end of the work rather than a title page, and the use of signatures but no pagination.2 The Gutenberg Bibles, for example, were printed with blank spaces to be completed by calligra- phers, accounting for the varying appearance of the surviving Bibles. Hebrew books, too, shared many features with manuscripts; A. M. Habermann writes that "Conats type-faces were cast after his own handwriting, .
    [Show full text]
  • Feminist Sexual Ethics Project
    Feminist Sexual Ethics Project Same-Sex Marriage Gail Labovitz Senior Research Analyst, Feminist Sexual Ethics Project There are several rabbinic passages which take up, or very likely take up, the subject of same-sex marital unions – always negatively. In each case, homosexual marriage (particularly male homosexual marriage) is rhetorically stigmatized as the practice of non-Jewish (or pre-Israelite) societies, and is presented as an outstanding marker of the depravity of those societies; homosexual marriage is thus clearly associated with the Other. The first three of the four rabbinic texts presented here also associate homosexual marriage with bestiality. These texts also employ a rhetoric of fear: societal recognition of such homosexual relationships will bring upon that society extreme forms of Divine punishment – the destruction of the generation of the Flood, the utter defeat of the Egyptians at the Exodus, the wiping out of native Canaanite peoples in favor of the Israelites. The earliest source on this topic is in the tannaitic midrash to the book of Leviticus. Like a number of passages in Leviticus, including chapter 18 to which it is a commentary, the midrashic passage links sexual sin and idolatry to the Egyptians (whom the Israelites defeated in the Exodus) and the Canaanites (whom the Israelites will displace when they come into their land). The idea that among the sins of these peoples was the recognition of same-sex marriages is not found in the biblical text, but is read in by the rabbis: Sifra Acharei Mot, parashah 9:8 “According to the doings of the Land of Egypt…and the doings of the Land of Canaan…you shall not do” (Leviticus 18:3): Can it be (that it means) don’t build buildings, and don’t plant plantings? Thus it (the verse) teaches (further), “And you shall not walk in their statutes.” I say (that the prohibition of the verse applies) only to (their) statutes – the statutes which are theirs and their fathers and their fathers’ fathers.
    [Show full text]
  • The Decline of the Generations (Haazinu)
    21 Sep 2020 – 3 Tishri 5781 B”H Dr Maurice M. Mizrahi Congregation Adat Reyim Torah discussion on Haazinu The Decline of the Generations Introduction In this week’s Torah portion, Haazinu, Moses tells the Israelites to remember their people’s past: זְכֹר֙יְמֹ֣ות םעֹולָָ֔ ב ִּ֖ ינּו נ֣ שְ ֹותּדֹור־וָד֑ ֹור שְאַַ֤ ל אָב ֙יך֙ וְ יַגֵָ֔דְ ךזְקֵנ ִּ֖יך וְ יֹֹ֥אמְ רּו לְָָֽך Remember the days of old. Consider the years of generation after generation. Ask your father and he will inform you; your elders, and they will tell you. [Deut. 32:7] He then warns them that prosperity (growing “fat, thick and rotund”) and contact with idolaters will cause them to fall away from their faith, so they should keep alive their connection with their past. Yeridat HaDorot Strong rabbinic doctrine: Yeridat HaDorot – the decline of the generations. Successive generations are further and further away from the revelation at Sinai, and so their spirituality and ability to understand the Torah weakens steadily. Also, errors of transmission may have been introduced, especially considering a lot of the Law was oral: מש הק בֵלּתֹורָ ה מ סינַי, ּומְ סָרָ ּהל יהֹושֻׁעַ , ו יהֹושֻׁעַ ל זְקֵנים, ּוזְקֵנים ל נְב יאים, ּונְב יא ים מְ סָ רּוהָ ילְאַנְשֵ נכְ ס ת הַגְדֹולָה Moses received the Torah from Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly. [Avot 1:1] The Mishnah mourns the Sages of ages past and the fact that they will never be replaced: When Rabbi Meir died, the composers of parables ceased.
    [Show full text]