Sex, Marriage and Family in World Religions by Witte Green Browning Page A
Authors: Witte Green Browning
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translated by Michael S. Berger]
THE BABYLONIAN TALMUD
Within the Rabbinic academies of the Land of Israel and Babylonia, the sages’
Oral Torah continued to evolve. The Mishnah’s terse laws and unresolved debates were closely analyzed and interpreted by scholars, known as amoraim, who began to assemble these discussions into formal memorized units. Over time local legal traditions, homiletical insights, and instructions for practice were grafted onto these Mishnah expositions. The resulting corpus of loosely associated oral discussions was redacted into the respective Talmuds of Palestine and Babylonia from the fifth to seventh centuries ce. The selections below, 32
m i c h a e l s . b e r g e r
quoted at length, display the associative quality of these discussions, which move seamlessly between legal and nonlegal subject matter.
In contrast to their Palestinian counterparts who suffered under Byzantine rule, the Rabbinic academies of Babylonia thrived, allowing their Talmudic discussions and commentary to continue expanding. The voluminous text became the basis for Rabbinic practice, which under law-centered Islam achieved primacy in most Jewish communities.
Document 1–27
t r a c t a t e k e t h u b o t h 6 3 a – 6 3 b Mishnah: “The woman who rebels against her husband.”
GEMARA. Rebels in what [respect]?—Rabbi Huna replied: [In respect] of conjugal union. Rabbi Jose, the son of Rabbi Hanina replied: [In respect] of work.
We learned, similarly if a husband rebels against his wife. Now according to him who said, “[In Respect] of conjugal union” [this ruling] is quite logical and intelligible; but according to him who said, “[In respect] of work,” is he [it may be objected] under any obligation [at all to work] for her?—Yes, [rebellion being possible] when he declares “I will neither sustain nor support [my wife],”
he must divorce her and pay her the kethubah —Is it not necessary to consult him [before ordering him to divorce her]? . . .
[To turn to] the main text. If a wife rebels against her husband, her kethubah may be reduced by seven denarii a week. Rabbi Judah said: Seven tropaics. Our Masters, however, took a second vote [and ordained] that an announcement regarding her shall be made on four consecutive Sabbaths and that then the court shall send her [the following warning]: “Be it known to you that even if your kethubah is for a hundred maneh you have forfeited it.” The same [law is applicable to a woman] betrothed or married, even to a menstruant, even to a sick woman, and even to one who was awaiting the decision of the levir. Said Rabbi Hiyya b. Joseph to Samuel: Is a menstruant capable of conjugal union?— The other replied: One who has bread in his basket is not like one who has a no bread in his basket.2 . . .
What is to be understood by a “rebellious woman”—Amemar said: [One]
who says, “I like him but wish to torment him.”3 If she said, however, “He is repulsive to me,” no pressure is to be brought to bear upon her. Mar Zutra ruled: Pressure is to be brought to bear upon her. Such a case once occurred, and Mar Zutra exercised pressure upon the woman and [as a result of the reconciliation that ensued] Rabbi Hanina of Sura was born from the re-union.
This, however, was not [the right thing to do].
[ Babylonian Talmud, Soncino Classics Collection [electronic]
(Brooklyn: Judaica, 2001)]
Judaism 33
Document 1–28
t r a c t a t e k e t h u b o t h 7 b – 8 a The Rabbis taught: The benediction of the bridegrooms is said in the house of the bridegroom. Rabbi Judah says: Also in the house of the betrothal it is said.
Abaye said: And in [the province of] Judah they taught [the opinion of Rabbi Judah] because [in the province of Judah] he is alone with her.
Another [Baraitha] teaches: The benediction of the bridegrooms is said in the house of the bridegrooms and the benediction of betrothal in the house of betrothal. [As to] the benediction of
THE BABYLONIAN TALMUD
Within the Rabbinic academies of the Land of Israel and Babylonia, the sages’
Oral Torah continued to evolve. The Mishnah’s terse laws and unresolved debates were closely analyzed and interpreted by scholars, known as amoraim, who began to assemble these discussions into formal memorized units. Over time local legal traditions, homiletical insights, and instructions for practice were grafted onto these Mishnah expositions. The resulting corpus of loosely associated oral discussions was redacted into the respective Talmuds of Palestine and Babylonia from the fifth to seventh centuries ce. The selections below, 32
m i c h a e l s . b e r g e r
quoted at length, display the associative quality of these discussions, which move seamlessly between legal and nonlegal subject matter.
In contrast to their Palestinian counterparts who suffered under Byzantine rule, the Rabbinic academies of Babylonia thrived, allowing their Talmudic discussions and commentary to continue expanding. The voluminous text became the basis for Rabbinic practice, which under law-centered Islam achieved primacy in most Jewish communities.
Document 1–27
t r a c t a t e k e t h u b o t h 6 3 a – 6 3 b Mishnah: “The woman who rebels against her husband.”
GEMARA. Rebels in what [respect]?—Rabbi Huna replied: [In respect] of conjugal union. Rabbi Jose, the son of Rabbi Hanina replied: [In respect] of work.
We learned, similarly if a husband rebels against his wife. Now according to him who said, “[In Respect] of conjugal union” [this ruling] is quite logical and intelligible; but according to him who said, “[In respect] of work,” is he [it may be objected] under any obligation [at all to work] for her?—Yes, [rebellion being possible] when he declares “I will neither sustain nor support [my wife],”
he must divorce her and pay her the kethubah —Is it not necessary to consult him [before ordering him to divorce her]? . . .
[To turn to] the main text. If a wife rebels against her husband, her kethubah may be reduced by seven denarii a week. Rabbi Judah said: Seven tropaics. Our Masters, however, took a second vote [and ordained] that an announcement regarding her shall be made on four consecutive Sabbaths and that then the court shall send her [the following warning]: “Be it known to you that even if your kethubah is for a hundred maneh you have forfeited it.” The same [law is applicable to a woman] betrothed or married, even to a menstruant, even to a sick woman, and even to one who was awaiting the decision of the levir. Said Rabbi Hiyya b. Joseph to Samuel: Is a menstruant capable of conjugal union?— The other replied: One who has bread in his basket is not like one who has a no bread in his basket.2 . . .
What is to be understood by a “rebellious woman”—Amemar said: [One]
who says, “I like him but wish to torment him.”3 If she said, however, “He is repulsive to me,” no pressure is to be brought to bear upon her. Mar Zutra ruled: Pressure is to be brought to bear upon her. Such a case once occurred, and Mar Zutra exercised pressure upon the woman and [as a result of the reconciliation that ensued] Rabbi Hanina of Sura was born from the re-union.
This, however, was not [the right thing to do].
[ Babylonian Talmud, Soncino Classics Collection [electronic]
(Brooklyn: Judaica, 2001)]
Judaism 33
Document 1–28
t r a c t a t e k e t h u b o t h 7 b – 8 a The Rabbis taught: The benediction of the bridegrooms is said in the house of the bridegroom. Rabbi Judah says: Also in the house of the betrothal it is said.
Abaye said: And in [the province of] Judah they taught [the opinion of Rabbi Judah] because [in the province of Judah] he is alone with her.
Another [Baraitha] teaches: The benediction of the bridegrooms is said in the house of the bridegrooms and the benediction of betrothal in the house of betrothal. [As to] the benediction of
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