Did roman treatment of freedwomen influence rabbinic halakhah on the status of female converts in marriage?

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Abstract

Rabbinic legal texts often pair converts with freed slaves. This association has been explained by the notion that, like converts, freed slaves joined Judaism upon manumission; therefore, freed men and women were legally viewed like converts. I suggest an inverse and more complex dynamic, through which Roman laws and concepts regarding freed persons influenced particular elements of rabbinic halakhah concerning converts, especially female converts. Since Roman freedwomen were new citizens with certain marital limitations, which have been attributed to lacking pedigree and an assumed sexual history (during servitude), their legal status offered a useful prism for considering female converts, who also had matrimonial restrictions and were without lineage. Moreover, given that a freedwoman’s prior enslavement had implications for her sexual background, female converts were viewed through that same lens. So, even though female converts may have come from non-Jewish families that considered their daughters’ virginity an important asset, the rabbinic legal linkage of freed slaves and converts affected several halakhot concerning female converts and their status in marriage, irrespective of their actual sexual history. Yet certain non-legal rabbinic teachings distinguish between these two female cohorts, resembling the differentiation between freedwomen and freeborn females that characterized the Roman world.

Original languageEnglish
Pages (from-to)182-202
Number of pages21
JournalJournal of Legal History
Volume40
Issue number2
DOIs
StatePublished - 4 May 2019
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2019 Informa UK Limited, trading as Taylor & Francis Group.

Funding

I thank Clifford Ando, Katell Berthelot, Natalie Dohrmann, Yedidah Koren, Orit Malka and Yifat Monnickendam for their invaluable comments on this study; and, I am especially grateful to Marie Roux for her careful reading of and suggestions for earlier versions of this work.. This research was funded by the European Research Council (ERC) under the European Union’s Seventh Framework Program (FP/2007-2013)/ERC Grant Agreement no. 614 424. It was conducted within the framework of the ERC project JUDAISM AND ROME, under the auspices of the Centre national de la recherche scientifique (CNRS) and Aix-Marseille University, UMR 7297 TDMAM (Aix-en-Provence, France). The final stage of this article was made possible by grants from the Memorial Foundation for Jewish Culture and the Israeli Science Foundation [ISF grant number 1991/16]. This research was funded by the European Research Council (ERC) under the European Union’s Seventh Framework Program (FP/2007-2013)/ERC Grant Agreement no. 614 424. It was conducted within the framework of the ERC project JUDAISM AND ROME, under the auspices of the Centre national de la recherche scientifique (CNRS) and Aix-Marseille University, UMR 7297 TDMAM (Aix-en-Provence, France). The final stage of this article was made possible by grants from the Memorial Foundation for Jewish Culture and the Israeli Science Foundation [ISF grant number 1991/16].

FundersFunder number
European Union’s Seventh Framework ProgramFP/2007-2013
Israeli Science Foundation
Memorial Foundation for Jewish Culture
European Commission614 424
Israel Science Foundation1991/16
Centre National de la Recherche Scientifique

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