Review Essay the Tannaitic Synagogue Revisited

Total Page:16

File Type:pdf, Size:1020Kb

Review Essay the Tannaitic Synagogue Revisited REVIEW ESSAY THE TANNAITIC SYNAGOGUE REVISITED Mayer Gruber Ben-Gurion University of the Negev Professor Neusner has demonstrated that in the world that the Mishnah seeks to create, the synagogue plays a very minor role. 1 Moreover, he shows that when the synagogue is mentioned in the laws of Mishnah and Tosefta, primarily in Tractate Megillah, 2 the synagogue is almost exclusively identi ed as a place where Scripture is read. In addition, Professor Neusner shows that the location of laws pertaining to synagogues in Tractate Megillah suggests that the paradigm for the reading of Scripture in the synagogue is the read- ing of the Scroll of Esther on the Festival of Purim. It is this essen- tial feature of the festival of Purim that provides the framework for legislating a) the cycle of reading from the Torah for the various festivals and for four special Sabbaths, which are associated with Purim, the arrival of the spring New Year on rst of Nisan, and the 1 This article is revised and expanded from my earlier publication, “Neusner’s Tannaitic Synagogue in the Light of Philology and Archaeology: Response to Jacob Neusner, ‘The Synagogue in Law,’” in Jacob Neusner and James F. Strange, eds., Religious Texts and Material Contexts (Lanham, 2001), pp. 175-181. I wish to express my deep appreciation to Professor Neusner, Professor Jodi Magness, and to Dr. Yulia Ustinova for their counsel and encouragement with respect to various aspects of the research that went into this paper. 2 Of the sixteen references to the bet ha-kenesset in the Mishnah (M. Ber. 7:3; M. Bik. 1:4; M. Suk. 3:13; M. R.H. 3:7 [twice]; M. Meg. 3:1 [4 references]; 3:2; 3:3; M. Ned. 5:5; 9:2 [twice]; M. Sheb. 4:10; M. Neg. 13:12), six of these are found in M. Meg. 3. The thirty-nine references to the synagogue in the Tosefta are: T. Ber. 2:4; T. Ter. 1:10; T. Ma. 2:20; T. Bik. 2:8; T. Shab. 16:22; T. Pis. 10:8; T. Kip. 3:18; T. Suk. 2:10 [twice]; 4:5; T. R.H. 2:7 [3 references]; T. Ta. 2:4; T. Meg. 2:3, 5, 12, 14, 16, 17, 18; 3:12, 13, 22; 3:12, 13, 22; 4:6, 13; T. Sot. 6:3; T. B.Q. 11:3 [3 references]; T. B.M. 11:23; T. B.B. 8:14; T. Ah. 4:2; T. Neg. 6:3; 7:11; T. Toh. 8:10. References to tractates of the Tosefta included in Saul Lieberman, The Tosefta (New York, 1955-1988) refer to the chapter and subdivisions in that edi- tion; references to the other tractates follow Moses Samuel Zuckermandel, The Tosefta (2d ed.; Jerusalem, 1937). Consequently, references found in Chaim Josua Kasowski, Thesaurus Thosephtae (Jerusalem, 1933-1961), that are not supported by the Vienna MS. of the Tosefta as published by Lieberman are not mentioned in this article. ©Koninklijke Brill NV, Leiden, 2002 Review of Rabbinic Judaism 5.1 114 mayer gruber celebration of Passover (M. Meg. 3) and b) the cycle of readings from the eight Prophetic Books that are read at the conclusion (Heb., Haftarah) of the reading from the Torah on those Sabbath and fes- tival mornings (T. Meg. 3). Professor Neusner also points out that the Mishnah and Tosefta frequently refer to another sacred space for public cultic activity apart from the not yet rebuilt Temple in Jerusalem, namely, the town square. 3 3 Jacob Neusner, “The Synagogue in Law: What the Texts Lead us to Expect to Find,” in Neusner and Strange, op. cit., pp. 151-173. Lee I. Levine, The Ancient Synagogue: The First Thousand Years (New Haven and London, 2000), pp. 34-39, argues that contrary to the widely-held view that the ceremonial reading of Scripture in the synagogue was a substitute for Temple worship, the reading of the Torah in the synagogue evolved from the earlier reading of Scripture at the city gate. Interestingly, James F. Strange, in the oral version of his paper, “The Archaeology of Religion at Capernaum, Synagogue and Church,” presented at the February 2000 conference Religious Texts and Material Contexts at the St. Petersburg campus of the University of South Florida, pointed out that it was the apocryphal First Esdras 9:41 that transferred the Torah-reading ceremony of Neh. 8 from the square in front of the Water Gate to the court of the Temple. Concerning the second cent. B.C.E. dating of the extant Greek version of First Esdras see Ziporah Talshir, I Esdras: From Origin to Translation , Septuagint & Cognate Studies, vol. 47 (Atlanta, 1999), pp. 247-268. What Neusner suggests is something altogether di Verent from the usual perceptions of the synagogue as having developed from some earlier insti- tution of Scripture reading. He suggests that the reading of Scripture as described in Mishnah-Tosefta Megillah represents a wholly new religious ceremony that evolved neither from the ceremonies of the City Gate or the Temple. What I suggest is that, while this may be correct historically, the Mishnah, in its inimitable way, tells us something else. By its very precise use of the terms kenesset, bet ha-kenesset, hazzan ha-kenesset , and rosh ha-kenesset in its description of a virtual reality concerning the world of the restored Temple described in the present tense, the Mishnah tells us that there is an entity called kenesset,“assembly called together for the reading of Scripture as a cultic act,” presided over by o Ycials in the following hierarchical order 1) hazzan ha-kenesset , “oYcial of the assembly called together for the reading of Scripture as a cultic act” and 2) rosh ha-kenesset , “head of the assembly called together for the reading of Scripture as a cultic act.” Because kenesset,“assembly,” refers to a group of people rather than to an institution with a building, Mishnah- Tosefta can refer to the activities of such a group taking place in three distinct locations: 1) the Temple Court (M. Yom. 7:1; M. Sot. 7:7-8); 2) the town square (T. Ta. 1:13 informs us that it is hazzan ha-kenesset who would command the priests to sound the shofar at the end of each of seven of the twenty-four blessings of the expanded Amidah recited on seven fasts proclaimed in the case of a prolonged drought; M. Ta. 2 either takes for granted this function of the hazzan ha-kenesset or is unaware of his intrusion into the religious activities that take place in the town square and that are presided over by the nasi, which is to say the head of the Jews in the Roman Empire, who under Roman law held the o Yce of patriarch [see Theodotian Code 16:8]); 3) bet ha-kenesset , a building meant to house the Scripture- reading assembly. The Mishnah’s paradigmatic example of a Scripture-reading assem- bly that does not take place in the Temple Court is the reading of the Scroll of Esther on the Festival of Purim, which takes place just before the spring equinox, at the end of the rainy season in the land of Israel, where the Mishnah and Tosefta.
Recommended publications
  • Congregation Torah Ohr 19146 Lyons Road, Boca Raton, FL 33434 (561) 479-4049 ● ● [email protected] Rabbi Benjamin S
    February 5 — 11, 2021 23 — 29 Shevat 5781 Congregation Torah Ohr 19146 Lyons Road, Boca Raton, FL 33434 (561) 479-4049 ● www.torahohrboca.org ● [email protected] Rabbi Benjamin S. Yasgur President, Jonas Waizer Office Hours Monday - Thursday 9:00am - 3:00pm, Friday 9:00am - 12noon WEEKDAY TIMES Earliest Davening (Fri-Thurs) 5:53am* Mishna Yomit (in Shul & online) 15 min. before Mincha Earliest Tallit/Tefillin (Fri-Thurs) 6:20am* Mincha/Ma’ariv (Shul & Tent) (S-Th) Shacharit at Shul (starting with Pesukai D’Zimra) 7:30am Shacharit in the Tent (starting with Pesukai D’Zimra) 8:30am Daven Mincha (S-Th) prior to 6:08pm Daf Yomi (online) 8:30am Repeat Kriat Shema after 6:46pm* Chumash Class (online) 9:30am *These are the latest times during the week BS”D CONGREGATION TORAH OHR NEW - UPDATED POLICIES FOR KEEPING OUR COMMUNITY SAFE We enjoy the seasonal return of our cherished congregants, friends, and neighbors. At the same time, let us acknowledge that the Corona-19 pandemic is not yet over. We cannot afford complacency in our sheltered senior community until the pandemic is fully controlled. Considering the situation of pikuach nefesh, the Shul will continue policies that protect all our members. We want you in Shul ASAP. But first, individuals returning to Florida, even from short out-of-state stays, must adhere to the CDC, Florida State and Shul rules: a) Self-isolate for 12 days; DO NOT ATTEND SHUL, including outdoor minyanim. If you have no symptoms after 12 days, please SHABBAT YITRO register to attend shul minyanim.
    [Show full text]
  • Zeraim Tractates Terumot and Ma'serot
    THE JERUSALEM TALMUD FIRST ORDER: ZERAIM TRACTATES TERUMOT AND MA'SEROT w DE G STUDIA JUDAICA FORSCHUNGEN ZUR WISSENSCHAFT DES JUDENTUMS HERAUSGEGEBEN VON E. L. EHRLICH BAND XXI WALTER DE GRUYTER · BERLIN · NEW YORK 2002 THE JERUSALEM TALMUD Ή^ίτ τΐίΛη FIRST ORDER: ZERAIM Π',ΙΓΙΪ Π0 TRACTATES TERUMOT AND MA'SEROT ΓτηελΡΏΐ niQnn rnooü EDITION, TRANSLATION, AND COMMENTARY BY HEINRICH W. GUGGENHEIMER WALTER DE GRUYTER · BERLIN · NEW YORK 2002 Die freie Verfügbarkeit der E-Book-Ausgabe dieser Publikation wurde ermöglicht durch den Fachinformationsdienst Jüdische Studien an der Universitätsbibliothek J. C. Senckenberg Frankfurt am Main und 18 wissenschaftliche Bibliotheken, die die Open-Access-Transformation in den Jüdischen Studien unterstützen. ISBN 978-3-11-017436-6 ISBN Paperback 978-3-11-068128-4 ISBN 978-3-11-067718-8 e-ISBN (PDF) 978-3-11-090846-6 e-ISBN (PDF) 978-3-11-067726-3 e-ISBN (EPUB) 978-3-11-067730-0 This work is licensed under the Creative Commons Attribution 4.0 International Licence. For This work is licensed under the Creativedetails go Commons to http://creativecommons.org/licenses/by/4.0/. Attribution 4.0 International Licence. For details go to http://creativecommons.org/licenses/by/4.0/. Das E-Book ist als Open-Access-Publikation verfügbar über www.degruyter.com, Library of Congresshttps://www.doabooks.org Control Number: 2020942816und https://www.oapen.org 2020909307 Bibliographic informationLibrary published of Congress by the Control Deutsche Number: Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Bibliographic information published by the Deutsche Nationalbibliothek DeutscheThe Deutsche Nationalbibliografie; Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data detailedare available bibliographic on the data Internet are available at http://dnb.dnb.de.
    [Show full text]
  • Be Read, but Not Translated (M
    CHAPTER FIFTEEN לא מתרגם בציבורא—NOT TO BE TRANSLATED IN PUBLIC Introduction The subject of “forbidden targumim” has been discussed periodically in papers devoted to the specific topic, as well as in more general studies of the relationship between the targumim and other rabbinic literature.1 The point of departure of these studies has understandably been the lists contained in the Tannaitic sources and the discussion of those lists in the Babylonian and Palestinian Talmuds. Much effort has been expended in trying to establish a “correct version” of the lists, in identifying the passages in question, and in search of a rationale for each of the particular forbidden items. As readily observed, there is almost complete unanimity among the rabbinic lists regarding the passages in the Pentateuch that “may The Mishnah .נקראין ואינן מתרגמין ”,be read, but not translated (m. Megillah 4:10), Tosefta (t. Megillah 4:35 ff ), and the later Talmudic sources2 all agree that the “Story of Reuben” (Gen 35:22) and the “sec- ond account of the [golden] calf” (Exod 32:21–35) fall into this cat- egory. The only other Pentateuchal passage assigned to this group is “the priestly blessing” (Num 6:24–26), according to the Babylonian and Palestinian Talmuds (b. Megillah 25b; y. Megillah 75c). But this seems to be based upon a compounded error. J. Heinemann has argued rather convincingly that the statement regarding the “priestly blessing” was not originally related to the weekly Torah reading or its rendition 1 E.g., A. Geiger, Urschrift und Übersetzungen der Bibel (Breslau, 1857), pp.
    [Show full text]
  • Is There an Authentic Triennial Cycle of Torah Readings? RABBI LIONEL E
    Is there an Authentic Triennial Cycle of Torah Readings? RABBI LIONEL E. MOSES This paper is an appendix to the paper "Annual and Triennial Systems For Reading The Torah" by Rabbi Elliot Dorff, and was approved together with it on April 29, 1987 by a vote of seven in favor, four opposed, and two abstaining. Members voting in favor: Rabbis Isidoro Aizenberg, Ben Zion Bergman, Elliot N. Dorff, Richard L. Eisenberg, Mayer E. Rabinowitz, Seymour Siegel and Gordon Tucker. Members voting in opposition: Rabbis David H. Lincoln, Lionel E. Moses, Joel Roth and Steven Saltzman. Members abstaining: Rabbis David M. Feldman and George Pollak. Abstract In light of questions addressed to the Committee on Jewish Law and Standards from as early as 1961 and the preliminary answers given to these queries by the committee (Section I), this paper endeavors to review the sources (Section II), both talmudic and post-talmudic (Section Ila) and manuscript lists of sedarim (Section lib) to set the triennial cycle in its historical perspective. Section III of the paper establishes a list of seven halakhic parameters, based on Mishnah and Tosefta,for the reading of the Torah. The parameters are limited to these two authentically Palestinian sources because all data for a triennial cycle is Palestinian in origin and predates even the earliest post-Geonic law codices. It would thus be unfair, to say nothing of impossible, to try to fit a Palestinian triennial reading cycle to halakhic parameters which were both later in origin and developed outside its geographical sphere of influence. Finally in Section IV, six questions are asked regarding the institution of a triennial cycle in our day and in a short postscript, several desiderata are listed in order to put such a cycle into practice today.
    [Show full text]
  • Hanukkah and Purim: Similar Yet Different
    Mon 7, 14, 21, 28 Nov 2016 / 6, 13, 20, 27 Heshvan 5777 B”H Dr Maurice M. Mizrahi Course for Jewish Community Center of Northern Virginia Hanukkah and Purim: Similar yet Different Introduction -Hanukkah and Purim, the next two holidays, are not in Torah: Both are rabbinic. -Torah only has Rosh Hashanah, Yom Kippur, and the three pilgrimage festivals – Pessah, Shavuot and Sukkot. -Both colorful – stay in mind of kids. -Both celebrate Jewish victory over persecution. -Both miraculous: We recite Al HaNissim on both. -Both so important rabbis turned their observance into post-Torah (rabbinic) commandments. YET: -The story of Purim has a book in the Bible (Esther), a tractate in the Talmud (Megillah) and a volume in the Midrash (Esther Rabbah). Hanukkah has none of them. It rates only a few mentions in Talmud [Shabbat 21a-24a], as an appendage to a discussion of what wicks and oils one can use for Shabbat lights. -The Book of Esther does not mention God, yet is in the Bible; the Books of Maccabees do, yet are not in the Bible. -The story of Purim is not known outside the Bible, yet is in the Bible. The events of Hanukkah are known outside the Bible, yet are not in the Bible. -Hallel (psalms of praise for God) recited on Hanukkah, but not Purim. -Hanukkah began with the physical (armed rebellion) and ended with the spiritual (rededication of the Temple). Purim began with the spiritual (prayer and fasting) and ended with the physical (armed resistance to killers). -On Purim, persecutors wanted to kill ALL the Jews.
    [Show full text]
  • Rosh Hashanah 2009/5770
    1 Rosh Hashanah 5770/2009 Meaning to Hear Today is that occasional Rosh Hashanah when we honor its coincidence with Shabbat by not blowing the shofar. The shofar is the most identifiable ritual of this day. But we leave it out. Tomorrow we’ll hear it loud and clear, but today we imagine it. So, in lieu of sounding the shofar, let me start with this Mishnah about the sounding of the shofar, from the tractate on Rosh Hashanah: “If the shofar was blown in a cistern or in a cellar or in a large jar, and a person heard the sound of the shofar, he has fulfilled his obligation. So, too, if a person was passing behind a synagogue, or if his house was near to a synagogue and he heard the sound of the shofar, or the reading of the Megillah, if he directed his heart he has fulfilled his obligation, but if he did not he has not fulfilled his obligation. Though one may have heard and another may also have heard, the one may have directed his heart and other may not have directed his heart.” 2 I want to analyze this text in a moment, but first let me tell you why I chose it. Several weeks ago, I sat in on one of those mass phone calls for rabbis that always take place either right before a big holiday, or in conjunction with some pressing social or political brouhaha. This particular phone call concerned health care, and the Jewish tradition on matters of healing and social responsibility, and the need for us to be conscious about all of the obvious issues swirling around that subject.
    [Show full text]
  • The Poetic Superstructure of the Babylonian Talmud and the Reader It Fashions
    UC Berkeley UC Berkeley Electronic Theses and Dissertations Title The Poetic Superstructure of the Babylonian Talmud and the Reader It Fashions Permalink https://escholarship.org/uc/item/5bx332x5 Author Septimus, Zvi Publication Date 2011 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California The Poetic Superstructure of the Babylonian Talmud and the Reader It Fashions by Zvi Septimus 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 David Henkin Professor Naomi Seidman Spring 2011 The Poetic Superstructure of the Babylonian Talmud and the Reader It Fashions Copyright 2011 All rights reserved by Zvi Septimus Abstract The Poetic Superstructure of the Babylonian Talmud and the Reader It Fashions by Zvi Septimus Doctor of Philosophy in Jewish Studies University of California, Berkeley Professor Daniel Boyarin, Chair This dissertation proposes a poetics and semiotics of the Bavli (Babylonian Talmud)—how the Bavli, through a complex network of linguistic signs, acts on its implied reader's attempt to find meaning in the text. In doing so, I advance a new understanding of how the Bavli was composed, namely as a book written by its own readers in the act of transmission. In the latter half of the twentieth century, Bavli scholarship focused on the role of the Stam (the collective term for those people responsible for the anonymous voice of the Bavli) in the construction of individual Bavli passages (sugyot).
    [Show full text]
  • Eye of the Beholder: Ophthalmic Illness in Talmudic Literature
    Eye of the Beholder: Ophthalmic Illness in Talmudic Literature Elan Rosenblat It is difficult to ascertain the medical knowledge that the authors of the Talmud possessed. Medical topics were generally discussed in reference to ethical or judicial matters without further elabora- tion on pathophysiology. Using the sparse references available, this paper will give a brief insight into medicine during Talmudic times. The eye is used in many different contexts in the Biblical and rab- binic literature. It is used metaphorically in reference to one’s gen- eral appearance (“eye of the earth”), positive things (“good eye”), and negative things (“evil eye”) (Exodus 10:5, Avot 2:9, Berakhot 20a). Talmudic authorities refer to the eye as a well or spring and, based on its production of tears, felt it was the water supply of the human body. For example, in discussing the reason for the flood, Rav Jose said, “The generation of the flood became arrogant only as result of the eyeball, which resembles water” (Sanhedrin 108a). Furthermore, the word for “eye” in Hebrew, ayin, is derived from the word ain, which is defined as “spring” (Genesis 16:7, Sanhedrin 108). Based on the belief that the eye was like a spring, the mech- anism by which brain injury was thought to cause blindness was believed to be overflow of fluid from the brain to the eye. This cor- responds to the Hippocratic theory that all diseases are related to the balance of humors or fluids (Gordon 758). Elan Rosenblat is a fourth year student at the Albert Einstein College of Medicine.
    [Show full text]
  • Simchat Megillat Esther Prepared by Lisa Kogen, Education Director
    WOMEN'S LEAGUE FOR CONSERVATIVE JUDAISM Simchat Megillat Esther Prepared by Lisa Kogen, Education Director The Women’s League Megillah was commissioned in 2014, the initiative of then President Rita L. Wertlieb. The scroll was written and decorated by Rabbi Hannah Klebansky, one of the first women to serve as a sofer, or scribe. Rabbi Klebansky, who made aliyah from Russia as a young girl, is a member of the Rabbinical Assembly. The scroll is a Hamelech megillah, meaning that the word hamelech (the king) is the first word of each column. The megillah's illustrations incorporate the Women's League logo, as well. The olivewood megillah case was created by the Iranian-born Israeli artist Sara Tamir. THE SIMCHAT MEGILLAT ESTHER materials offer a variety of learning experiences. MIDRASHIM (From the Women's League DAY OF STUDY FOR MEGILLAT ESTHER) In this material, the Rabbis create fanciful stories about the characters and events in the Esther story. While some midrashim might seem comical to the modern reader, the Rabbis’ intentions were serious: to recast the characters as models of Jewish piety, reflecting the Rabbinic worldview and practices from a much later era. LIFE IN THE HAREM (From the Women's League DAY OF STUDY FOR MEGILLAT ESTHER) Esther features two strong female personalities, and by association, the harem in which they resided. Very little is known about this ancient female institution, but the Book of Esther provides a brief glimpse into some of the customs. RETHINKING PURIM: WOMEN, RELATIONSHIPS AND JEWISH TEXTS. This material focuses on the biblical text as it pertains to creating healthy, supportive relationships: developing a strong voice, cultivating a strong sense of self, striving for parity.
    [Show 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.
    [Show full text]
  • Egalitarian Kiddushin and Ketubbah
    Rabbi Pamela Barmash E.H. 27:6.2020 Egalitarian Kiddushin and Ketubbah Approved on February 19, 2020 by a vote of 14-4-2. Voting in favor: Rabbis Aaron Alexander, Pamela Barmash, Elliot Dorff, Susan Grossman, Judith Hauptman, Jeremy Kalmanofsky, Steven Kane, Jan Kaufman, Amy Levin, Daniel Nevins, Micah Peltz, Robert Scheinberg, Deborah Silver, and Iscah Waldman. Voting against: Rabbis Baruch Frydman-Kohl, Joshua Heller, David Hoffman, and Avram Reisner. Abstaining: Rabbis Gail Labovitz and Ariel Stofenmacher. (She’eilah -- Question) שאלה May kiddushin, the traditional form of Jewish marriage, and the Jewish marriage ceremony, be made into an egalitarian form for a male-female Jewish couple? Is there an egalitarian form for the ketubbah? (Teshuvah -- Answer) תשובה 1. Introduction: The Spiritual Resonance of Jewish Marriage The form of Jewish marriage, effectuated by means of kiddushin and manifested in a ketubbah, has traditionally not been egalitarian. The groom takes on the active role, and the bride assumes a mostly passive role. Those seeking egalitarian marriage have followed two paths. One path is to determine that kiddushin cannot be molded in an egalitarian manner because of how it has operated historically, and a number of proposals for Jewish marriage by other means have been presented to the Jewish community.1 The other way is to maintain our tradition by —————————————————————————————————— The Committee on Jewish Law and Standards of the Rabbinical Assembly provides guidance in matters of halakhah for the Conservative movement.
    [Show full text]
  • Reflections on the Exemption of Women from Time-Bound Commandments
    JᴜᴅᴀIᴄᴀ: Nᴇᴜᴇ ᴅIGIᴛᴀᴌᴇ FᴏᴌGᴇ 1 (2020) https://doi.org/10.36950/jndf.1.4 c b – ᴄᴄ BY 4.0 Law, Hierarchy, and Gender: Reflections on the Exemption of Women from Time-Bound Commandments Valérie Rhein Universität Luzern [email protected] Abstract: Why do the tannaim exempt women from time-bound commandments (m. Qid­ dushin 1:7)? In this paper it is argued that the unequal levels of obligation for men and women in rabbinic Judaism creates a hierarchy of mitzvot between them that mimics and virtually replaces the earlier biblical hierarchy of mitzvot between priests and Israel. In both constellations the rabbis consider the obligation to fulfill more commandments to be a privilege. The similarity between the hierarchies priests–Israel and men–women becomes apparent when the selection of commandments from which the tannaim and the amoraim explicitly exempt women are examined more closely: Many of them – the time-bound commandments shofar, lulav, tzitzit, tefillin, and shema as well as the non-time-bound mitzvah of Torah study – share a common feature, namely, their function as “ersatz Temple rituals.” During the transition from a Temple- oriented, priest-based Judaism to a study-oriented rabbinic Judaism, rituals such as these played a crucial role. Judaism is a religion of time aiming at the sanctification of time.¹ What is the difference between a Jewish man and a Jewish woman? From the perspective of observance and ritual practice, the answer is: In rabbinic Judaism, men are obligated, as a rule, to fulfill all the commandments, while women are not. This distinction between the sexes is based on a rabbinic principle handed down in the Mishnah in tractate Qiddushin: ­the men are obli—[ לכ תוצמ השע ןמזהש המרג ] All positive time-related obligations gated and the women are exempt, and all positive commandments not time-related both men and women are obligated.
    [Show full text]