Provincial Rabbis: Shaping Rabbinic Divorce Procedure in a Roman Legal Environment

Provincial Rabbis: Shaping Rabbinic Divorce Procedure in a Roman Legal Environment <p>Abstract:</p><p>In contrast to prevalent tendencies, this essay argues that rabbinic law is not merely scholastic but reflects an active engagement with Roman legal institutions, thus setting the rabbis alongside other provincials in the imperial legal landscape. Rabbinic unilateral divorce procedure is fundamentally at odds with the egalitarian divorce of classical Roman law. Despite this difference I argue that, following early rabbinic traditions, the Mishnah shaped the procedure in accordance with Roman legal principles and subsequently addressed issues that concerned Roman jurists and were characteristic of their system. As in Roman practice, the Mishnah demands that actual separation precede the writing of a <i>repudium</i>, and in clear tension with the principles of the rabbinic system, the School of Hillel rule that this document is retroactively annulled if the couple happen to lodge together. The rabbis thus sought to shape the bill of divorce as a testimony to the reality of complete separation rather than as the machinery effecting separation, making it in reality similar to the practice surrounding them. The essay further argues that this cultural-legal integration later provided the necessary grounds for employing the power of Roman jurisdiction in order to execute local Jewish law, in a characteristic provincial manner.</p> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Jewish Quarterly Review University of Pennsylvania Press

Provincial Rabbis: Shaping Rabbinic Divorce Procedure in a Roman Legal Environment

Jewish Quarterly Review, Volume 109 (4) – Oct 23, 2019

Loading next page...
 
/lp/university-of-pennsylvania-press/provincial-rabbis-shaping-rabbinic-divorce-procedure-in-a-roman-legal-EEBop7cX3B
Publisher
University of Pennsylvania Press
Copyright
Copyright © Herbert D. Katz Center for Advanced Judaic Studies, University of Pennsylvania
ISSN
1553-0604

Abstract

<p>Abstract:</p><p>In contrast to prevalent tendencies, this essay argues that rabbinic law is not merely scholastic but reflects an active engagement with Roman legal institutions, thus setting the rabbis alongside other provincials in the imperial legal landscape. Rabbinic unilateral divorce procedure is fundamentally at odds with the egalitarian divorce of classical Roman law. Despite this difference I argue that, following early rabbinic traditions, the Mishnah shaped the procedure in accordance with Roman legal principles and subsequently addressed issues that concerned Roman jurists and were characteristic of their system. As in Roman practice, the Mishnah demands that actual separation precede the writing of a <i>repudium</i>, and in clear tension with the principles of the rabbinic system, the School of Hillel rule that this document is retroactively annulled if the couple happen to lodge together. The rabbis thus sought to shape the bill of divorce as a testimony to the reality of complete separation rather than as the machinery effecting separation, making it in reality similar to the practice surrounding them. The essay further argues that this cultural-legal integration later provided the necessary grounds for employing the power of Roman jurisdiction in order to execute local Jewish law, in a characteristic provincial manner.</p>

Journal

Jewish Quarterly ReviewUniversity of Pennsylvania Press

Published: Oct 23, 2019

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create folders to
organize your research

Export folders, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off