Acculturation and integration in eighteenth-century Metz

The records of the rabbinic court in late eighteenth-century Metz offer substantial evidence of acculturation and integration in the decades prior to the attainment of Jewish civic equality. In the modern state, the wide application of judicial procedures imposed on minority populations such as the Jews an unprecedented attachment to the larger society. This is reflected in the internalization of norms of legal culture, particularly in matters relating to business partnerships, purchase and sale, torts, inheritance, registration, and familial obligations. The administration of talmudic law in eighteenth century Metz therefore entailed familiarity with royal legislation and local ordinances, as is apparent in two discrete areas: the routinizing of civil procedures in the beit din and the navigation of plural jurisdictions exercised by the Jewish and French justice systems. The Jews of Metz met the challenges of legal pluralism by adapting to the prevailing system of law within French society and by acknowledging the interdependence of cases brought before the beit din and in the French civil court system. Decades before the Jewish population of France was admitted to citizenship, Metz Jews had little choice but to accommodate to general civil law and its structures. Within the realm of law, there emerged new rules of engagement between the Jewish minority and the surrounding society and culture.     

Blond, tall, with honey-colored eyes: Jewish ownership of slaves in the Ottoman Empire

Hundreds of Hebrew written sources, dozens of official decrees, judicial records (sijillat), and reports of European travelers indicate that slaveholding – particularly of females of slavic origin – in Jewish households in the urban centers of the Ottoman Empire was widespread from the sixteenth to the nineteenth centuries. This halachically and legally problematic habit was an unparalleled phenomenon in any other Jewish community in the early modern period. The presence of slaves in Jewish households effected family life in many ways. I dealt with two of them: The first is cohabitation of Jewish men with female slaves, usually non-Jewish, who in effect served as their concubines and bore them legitimate children; the second is marriage with manumitted slaves who converted to Judaism and became an integral part of the community. These phenomena attest once again to the great extent to which Jewish society and its norms and codes were influenced by Muslim urban society, and the gap between rabbinic rhetoric ideals and the dynamic daily existence of Jews from all social strata. Research for this article was carried out during my postdoctoral fellowship as a Mandel Scholar at the Scholion Interdisciplinary Research Center, the Mandel Institute of Jewish Studies, the Hebrew University of Jerusalem. The article is based on a lecture delivered at a conference in honor of Prof. Amnon Cohen in June 2005 at the Ben-Zvi Institute, Jerusalem; and in Ankara, Turkey, in October 2005. I thank Prof. Kenneth Stow for his kind and friendly guidance.     

Psychotherapy; Its Relation to Biblical and Rabbinic Judaism

Some facets of the relationship between psychotherapy and Judaism are analyzed. The issue of a framework for therapy that is congruent with Jewish biblical and rabbinic sources is examined in detail. The thesis advanced is, that the healing-helping model promulgated by psychotherapeutic theorists and practitioners is amenable to Jewish thought. Some implications of this model are explored. Attention is focused on the issues of inner conflict, self-knowledge, and complexity unique to human behavior. It is argued that these are basic premises fundamental to both depth psychology and Jewish thought. The Jewish and Christian variations of the healing model are compared and analyzed.     

DEFENDING NIEBUHR FROM HAUERWAS

In his 2001 book, With the Grain of the Universe, Stanley Hauerwas has made an extended case for Karl Barth as the model for how to do Christian ethics, and for Reinhold Niebuhr as the model for how not to do it. Though Barth's closer and deeper theological connection to the Christian tradition appeals to a Jewish traditionalist by analogy, nevertheless, Niebuhr's approach to social ethics, based as it is on a version of natural law, is of greater appeal. That is because it is more philosophically arguable in a secular society and culture, and because it is more politically effective there. It is what made Niebuhr a more effective opponent of Nazism than was Barth. Also, Niebuhr's version of natural law is not a christianized version of Stoic natural law teaching but, rather, a profound use of the biblical prohibition of idolatry, having heretofore unnoticed affinities with rabbinic developments of that prohibition.     

The Intended Reader of Ladino Rabbinic Literature and Judeo-Spanish Reading Culture

This essay explores rabbinic musar literature in Ladino from the eighteenth and nineteenth centuries within the context of the emerging Ladino reading-culture in the Ottoman Empire. Rabbinic literature in the Judeo-Spanish vernacular opened the field of rabbinic knowledge for the first time to social groups hitherto excluded from the study of rabbinic literature: those who were ignorant of Hebrew, and women, to whom the rabbis now reached out explicitly in Ladino writings. Whereas the preferred forum for the reading and studying of vernacular rabbinic literature was the study group, or meldado, Ladino literature opened the opportunity of individual reading to an average Ottoman Jewish reading public, men and women alike. The rabbis clearly saw the dangers of individual reading and tried to contain its undesired consequences by encouraging reading with the mediating guidance by a talmid hakham. Nevertheless, ample evidence from at least the mid-nineteenth century demonstrates that individual readers challenged the rabbinical monopoly over the communication of traditional knowledge and its interpretation. It was this increasingly independent and critical reading public that would prove a most receptive audience for the secular genres of Ladino literature that developed at this time. This revised version was published online in June 2006 with corrections to the Cover Date.     

Korah in the Midrash: The Hairless Heretic as Hero

Perhaps the least likely hero in the Bible is Korah, the Levite who challenges Moses’s leadership in Numbers 16 and whom later tradition regarded as an archvillain. This article examines how the rabbinic, Christian, and Islamic traditions appropriated this figure and turned him, if not into a full-fledged hero, then at least into a kind of trickster whose challenge to Moses reinforces the authority of Orthodox tradition. An example of this transmutation is the way rabbinic Midrash turns Korah into a kind of hyperlegalistic rabbi. He poses typical rabbinic questions to Moses that are intended to undermine the law, but by drawing limits around his questions the Midrash constructs the boundaries of rabbinic dissension. Another set of themes puts women at the center of the Korah story and also plays with Korah as bald: in these stories, sexuality and power are linked to hair. In patristic writings, Korah becomes the exemplar of a heretical bishop and is also made fabulously wealthy (a theme common also to Jewish and Muslim traditions). Korah’s wealth symbolizes the Israel of the flesh: this biblical villain now comes to stand for the Jewish people as a whole. In Muslim sources, he is also transmuted into “the enlightened one.”     

Jewish Courts in Medieval England

Basing their conclusions on Latin documents, historians have painted the Jewish courts of medieval England as limited and haphazard affairs, their jurisdiction limited mostly to family law. They have also assumed that rabbinic courts ceased their activity in England after 1242. Hebrew rabbinic sources from the same period—some of which have never been published—provide more detailed information. These sources describe several professional courts staffed by learned scholars and adjudicating a range of legal issues. These courts existed throughout the thirteenth century—until the Expulsion of 1290—and included some of the leading rabbis in medieval England: Benjamin of Cambridge, Moses of London, and Moses’s son Elijah Menahem. The London court of Rabbi Elijah Menahem in particular possessed significant powers and utilized Elijah’s royal connections to enforce its rulings. Besides correcting the scholarly perception of rabbinic courts in medieval England, this article demonstrates how crucially important rabbinic texts and responsa are for historians as a source alongside other types of medieval documentation.     

The Use of Codified Law in the Rabbinic Courts of Frankfurt am Main on the Eve of the Enlightenment

During the Middle Ages and into the early modern period, rabbinic scholars of law in Franco-German communities had an at best ambivalent attitude toward the codification of Jewish law. Even Rabbi Joseph Caro’s Shul?an ˋArukh, first printed in Venice in 1565, was not well received by all. While students of the law from the lower ranks seem to have embraced the code, many leading rabbis—particularly those in sixteenth- and early seventeenth-century Poland—rejected it. In the course of the mid-seventeenth century, attitudes shifted, and Shul?an ˋArukh became the place for commentaries and learned discussions of the law. By the eighteenth century, rabbinic courts were using Shul?an ˋArukh as the basis of their legal decision making. This is confirmed, at least for Frankfurt am Main, through an examination of the legal diary of Rabbi Nathan Maas (d. 1794). In his diary, Maas not only summarized cases that he heard but also sometimes offered rationales for the court’s decisions. These précis make constant reference to Shul?an ˋArukh and its commentaries while never entering into an analysis of talmudic sources. This cannot have been because of a lack of ability, for Maas and his colleagues on the Frankfurt court were well-known scholars who published talmudic commentaries of substance. The use of a code, even by such authorities, may have been for utilitarian reasons, that is, to speed up the judicial process.     

Justice,Wealth, Taxes

A story of rabbinic poverty relief serves as the fulcrum of this presentation of a rabbinic perspective on wealth and taxes. The rabbinic move, from biblical to Mishnaic law, places the obligation of poverty relief on the city and suggests that the institutions of the polis are the only way to achieve justice on this scale. However, the city must be aware of the individual Other in making policy. In essence the story suggests that when policies ignore the face of an individual stranger, they do not fulfill the demands of justice. This is the rabbinic attempt at threading the needle by walking in the tension between the obsessive asymmetry of the obligation towards the other person and the need for a larger more equitable system of justice which must (by definition) include others.     

From Self-Culture to College Lecture

Abstract

The Jewish Chautauqua Society (JCS), founded in Philadelphia in 1893 by Reform Rabbi Henry Berkowitz, evolved from an organization dedicated to popularizing Jewish knowledge among Jews to one devoted to teaching non-Jews about Judaism. Emulating the forms of Chautauqua Institution, the Society created reading circles, published textbooks for the study of Judaism, and held annual assemblies for forty years. In 1939, the Society came under the sponsorship of the North American Federation of Temple Brotherhoods, a lay Reform Jewish organization. It expanded the most ambitious of its programs, rabbinically-taught college courses on Jewish studies. Since its inception, the Jewish Chautauqua Society has sought to combat anti-Semitism, dispel prejudice and create “understanding through education” about a minority religious and ethnic component of American society.     

Tel Aviv Mizrah

Before immigrating to Israel, first-generation Iraqi Jews were deeply attached to their identity as Mizrahi Jews. Their mother tongue was Arabic and they had grown up in an oriental environment. Therefore, it was not easy for them to adopt the Euro-Israeli identity that the dominant Ashkenazi-European stratum in Israel compelled them to accept. Despite strong Westernizing tendencies in Israeli society, the first generation of Iraqi Jewish immigrants maintained strong links to the Iraqi customs and traditions they had acquired in Iraq, particularly with regard to the musical folklore and oriental cuisine. On the other hand, second-generation Iraqi Jews were more familiar with Israeli society than their parents; they grew up in Israel and learned Hebrew in Israeli schools along with Ashkenazi Jews and other ethnic groups. This paper establishes connections between the historical realities of Iraqi Jewish immigrants and the literary representation of their world in the trilogy Tel-Aviv Mizrah (Tel Aviv East) written in 2003 by the Iraqi Jewish author Shimon Ballas, through a comparison of Ballas's literary vision with the historical realities of Iraqi Jewish identity in Israel over the course of two generations.     

BEYOND THE PALE: Jewish identity,radical politics and feminist art in the United States

Historians have not yet recognized how the cultural legacy of East European Jews helped change the status of women artists in the United States. Immigrant Jewish women in general reacted to institutionalized patriarchy with a desire for social change and the will to act to that end. Jewish women who were artists had professional reasons to embrace feminism, given women's virtual exclusion from professional notice. This article focuses on two pioneering feminist artists — Judy Chicago and Miriam Schapiro — and demonstrates the importance of their Jewish heritage, showing how and why they set in motion important changes in the tumultuous 1970s that continue to resonate in the art world today. An unusually large number of American feminist artists of the 1970s were Jewish. Their heritage resembles that of the Jewish feminist activist Betty Friedan, whose father emigrated from Eastern Europe. Once we examine the linked roles played by Jewish identity and leftist politics in the formation of the feminist art movement in the United States, it becomes evident that activism in the community of Jewish immigrants from Eastern Europe and the values that they passed on to the next generations made a significant contribution to the success of this movement.     

Madness and Prophecy: Dreams,Texts, and the Power of Rabbinic Interpretation

To the rabbis, dreams were a serious theological challenge. While in the Hebrew Bible dreams could be prophetic and therefore a source of authority, rabbinic authority was based on textual interpretation rather than direct revelation. This article examines one rabbinic strategy for responding to this challenge: the Talmudic dream ritual of Berakhot 55b. Through this ritual the rabbis place the dreamer in the position of a supplicant. Dreaming becomes like an illness or curse rather than a revelation. Instead of telling the dream, the dreamer prays for its healing. This article argues that this ritual itself is a form of interpretation, both of the dreamer’s dream and of the biblical texts about dreaming, in which the biblical idea of revelation through dreams is retained but the dream itself is stripped of any specific prophetic meaning. Through the performative speech of this ritual the dreamer places the dangerous dream under the power of rabbinic authority.

Critical Encounters with Rabbinic Doctrines of Creation: The Teacher as Source of Authority or as Partner in Dialogue

This is a case study based upon my experience of teaching an introduction to rabbinic thought to a group of Orthodox Jewish students. The study of one particular midrashic pericope allowed for major tensions between academic and religious approaches to the text to surface. The tension revolved around the apparent contradiction between the rabbinic mythical perception of creation as proceeding from primary negative matter and later philosophical belief in creatio ex nihilo. This contradiction touches upon issues of authority and of interpretation. The article explores various strategies dealing with issues of authority in general and of the meaning of the individual text in particular. Following a presentation of these strategies I offer my reflections upon my role as a teacher in this context. Dialogue emerges as an important element in the teaching process, creating a common ground between teachers and students and making them partners in a common quest for the truth of the text. Traditional dialogical modes of Jewish learning serve as the basis for the introduction of the academic agenda. This agenda is introduced as an extension of classical religious concerns rather than as an alternative to them.     

Judaism and the Contingency of Religious Law in Kant’s Religion within the Boundaries of Mere Reason

For Kant’s moral universalism, contingent religious law is legitimate only when it serves as a means of fulfilling the moral law. Though Kant uses traditional theological resources to account for the possibility of “statutory ecclesiastical law” in historical religions, he denies this possibility to Jewish law. Something like Kant’s logic appears in the work of some of his intellectual successors who continue to define Christianity in terms of its moral superiority to Judaism while attempting to excise remaining “Jewish” elements from it. A more adequate account of the Hebrew Bible, Judaism, and the origins of Christianity exposes deficiencies in Kant’s universalizing logic which seems to deny any intrinsic value to historical religions. A possible alternative may lie in a modified account of the relationship between the moral law and religious law, perhaps nourished by Jewish thought, including the rabbinic tradition of the Noachide commandments.     

Marriage Before the Bench: Divorce Law and Litigation Strategies in Thirteenth-Century Ashkenaz

Scholars regularly refer to independently operating Jewish courts as prime evidence of Jewish autonomy and self-rule in medieval Christian Europe. Yet few have focused on the largely anonymous individuals who populated these forums, despite the vital role that litigants played in fueling the judicial system. This article joins a growing body of research devoted to a bottom-up examination of the institutions of law and justice in premodern Europe, highlighting the activities of those who made use of the courts rather than the structures that authorized them. Specifically, it considers a divorce suit adjudicated in the mid-thirteenth century by the rabbinic court of Rabbi Hezkiah b. Jacob of Magdeburg as a lens onto the legal knowledge of lay litigants, their expectations of the judicial system, and the litigation strategies they developed. The reactions of R. Hezkiah and his colleagues to these tactics demonstrate that litigation in the Jewish courts not only reflected current legal trends but could also affect them.     

How do Jewish teachings relate to beliefs about depression in the strictly orthodox Jewish community?

The aim of this study was to explore whether and, if so, how Jewish teachings influence strictly orthodox Jewish beliefs about depression. The rabbinic literature was searched for Jewish teachings relevant to depression. Ten consenting strictly orthodox Jews were purposively selected and interviewed using a semi-structured interview schedule focussing on their beliefs about causes of and treatments for depression. Thematic analysis was used to analyse transcribed interviews and explore relationships between community beliefs and the Jewish teachings identified in the review. The key themes in both the rabbinic literature and the community included the overriding importance in Judaism of preserving life, using appropriate, acceptable means to do so, and obligations to help others. Contrasts between rabbinic teachings and community beliefs included community concerns about stigma, generally lacking in the rabbinic literature, and greater rabbinic emphasis on spiritual exertion in dealing with depression. Findings could prove useful to those managing depressed, orthodox Jews.     

The unconscious in pastoral psychology: a rabbinic perspective

The present essay reviews the rabbinic theology of person as it has been outlined within the corpus of talmudic and rabbinic literature. Concepts such as libido, id, and superego are located in the rabbinic notions ofyezer harah andyezer tov (evil impulse and good impulse). Sexuality, as a paradigm of the Divine-human encounter, is explored in rabbinic and kabbalistic literature, and a model of transference is analyzed. Furthermore, a comparison is examined between rabbinic exegesis and psychoanalytic interpretation. It is suggested that the pastoral counselor may develop a theologically more authentic orientation to pastoral therapy by reflecting upon its origins in rabbinic thought.     

Abortion: A Jewish view

A practicing physician reviews the contribution of Jewish ethics, as it relates to the structure of Jewish law, to the issue of abortion. The topics approached include the status of the fetus, the relationship of fetus to mother, abortion and murder, therapeutic abortion, and the rights of the mother. The discussion describes rabbinic answers to abortion requests and is followed by a summary of the Jewish attitudes toward termination of fetal life. An appendix is provided, dealing with central aspects of Jewish ethics, the structure of Jewish law, their relationship, and a note on abortion legislation in Israel.