Association for Jewish studies 2002-26(2)

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Front Matter Source: AJS Review, Vol. 26, No. 2 (Nov., 2002) Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131695 . Accessed: 17/07/2011 14:06 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

VOLUME 26, NUMBER 2

NOVEMBER, 2002

REV

IE

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AJS THE

JOURNAL

OF

THE

ASSOCIATION

FOR

JEWISH

STUDIES

AJS Review ASSOCIATION FOR JEWISH STUDIES WALTHAM, MASSACHUSETTS EDITOR

Jay M. Harris,HarvardUniversity ASSOCIATE

EDITORS

Nehama Aschkenasy,Universityof Connecticut,Stanford YaakovElman,YeshivaUniversity Rela Geffen, BaltimoreHebrewUniversity Sara Horowitz,YorkUniversity MarshaRozenblit, University of Maryland Jeffrey Rubenstein,New YorkUniversity BOOK REVIEw EDITOR

Marc Saperstein,George WashingtonUniversity MANAGING

EDITOR

Angela Jaffray The AJS Review (ISSN 0364-0094) is publishedtwice annually by the Association for Jewish Studies Manuscriptsfor considerationshould be sent to Prof. Jay M. Harris,Department of Near EasternLanguagesand Civilizations, HarvardUniversity,6 Divinity Ave., Cambridge,MA 02138. Books for review should be sent to ProfessorJeffrey Rubenstein, New YorkUniversity,53 WashingtonSquareSouth, Room 100, New York,NY 10012 ? 2002 by the Association for Jewish Studies

Publishing, Subscription, andAdvertising Offices: CambridgeUniversity Press, 40 West 20th Street, New York,NY 10011. U.S.A.; or CambridgeUniversityPress, The Edinburgh Building, ShaftesburyRoad,CambridgeCA2 2RU, England. Annual subscriptionrates for Volume 26, 2002: Institutionsprint-plus-electronic$90/?58, payable in advance or on receipt of invoice; institutionalcheck or credit card only. Special ratesexist for membersof the Association for Jewish Studies;please contactthe association for membershipdetails. Postmaster: Send address changes in the U.S.A. Canada, and Mexico to: AJS Review, JournalsDept., CambridgeUniversityPress, 110 MidlandAvenue,PortChester,NY 10573.

Review

AJS

THE JOURNAL OF THE ASSOCIATION FOR JEWISH STUDIES

2002

VOLUME 26, NUMBER 2 TABLE OF CONTENTS

ARTICLES

Haggai Dagan The Motif of Blood and Procreationin FranzRosenzweig

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241

Joseph Davis The Reception of the Shulhan 'Arukhand the Formation of Ashkenazic Jewish Identity...................... ..............................................................251 Edward Fram Two Cases of Adultery and the HalakhicDecision-Making Process ...........................277 Marc Saperstein and Nancy Berg "ArabChains"and "The Good Things of Sepharad":Aspects of Jewish Exile ..............301 REVIEWESSAYS

Re-Presentations of the Jewish Image: Three New Contributions Miri Rubin. Gentile Tales:TheNarrativeAssault on Late Medieval Jews Sara Lipton. Images ofIntolerance: The Representationof Jews and Judaism in the Bible moralisbe Ruth Mellinkoff. AntisemiticHate Signs in HebrewIlluminatedManuscripts MARC MICHAEL EPSTEIN

...................327

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Ralph Melnick. TheLife and Workof LudwigLewisohn, 2 vols. MARKA. RAIDER .................................................

.....................341

BOOKREVIEWS BIBLE

Herbert Chanan Brichto. TheNames of God: Poetic Readings in Biblical Beginnings DAVIDMARCUS .............................

349

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Benjamin D. Sommer. A ProphetReads Scripture:Allusion in Isaiah 40-66. Contraversions:Jews and OtherDifferences PAMELA BARMASH ..............................

................

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350

ANCIENT HISTORY, RABBINICS, JEWISH LAW

Gabriele Boccaccini. Beyond the Essene Hypothesis: The Parting of the Ways Between Qumran and Enochic Judaism HINDY NAJMAN ............................................................

.......

..........

352

Erich Gruen. Heritage and Hellenism: TheReinventionof Jewish Tradition LAWRENCEWILLS.....................................................354

Michael Berger. RabbinicAuthority JEFFREYRUBENSTEIN........................................................356

Aryeh Cohen. Rereading Talmud:Gender,Law and the Poetics ofSugyot ELIZABETH SHANKS ALEXANDER

..........................................................360

MEDIEVAL/EARLY MODERNTHOUGHTAND CULTURE

Josef Stern. Problems and Parables of the Law: Maimonidesand Nahmanideson Reasonsfor the Commandments(Ta'ameiHa-Mitzvot) LAWRENCE KAPLAN

............................................................361

Ruth Glasner. A Fourteenth-CenturyScientific Philosophical Controversy:Jedaiah Ha-Penini 's "Treatiseon Opposite Motions" and "Bookof Confutation" CHARLES H. MANEKIN ...........................................

...............364

W. J. van Bekkum, ed. HebrewPoetryfrom LateAntiquity:LiturgicalPoems of Yehudah; Critical Edition with Introductionand Commentary DEBRA REED BLANK............................... 367 ....................... .....................

Ruth Langer. To WorshipGod Properly: TensionsBetween Liturgical Customand Halakhah in Judaism ROCHELLEMILLEN

........................................

.

....................368

Chava Weissler. Voicesof the Matriarch:Listening to Prayers of Early ModernJewish Women CAROLE B. BALIN ........................................

.....................370

Ora Wiskind-Elper. Traditionand Fantasy in the TalesofReb Nahmanof Bratslav ARNOLD J. BAND ..................................................................................

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372

MODERN THOUGHT AND CULTURE

Heidi Thomann Tewarson. Rahel Levin Varnhagen:TheLife and Workof a German Jewish Intellectual JUDITHM. LEWIN......................................

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374

Zachary Braiterman. (God)AfterAuschwitz:Traditionand Change in Post-Holocaust Jewish Thought ROBERT EISEN ................................................

................................376

Richard I. Cohen. Jewish Icons: Art and Society in ModernEurope DIANE WOLFTHAL

...... .......... ..............................................................

..

.. ...

................378

Edith Wyschogrod. An Ethics ofRemembering: History,Heterology,and the Nameless Others MIRIAM FLEER .....................................................................................381

David Novak. Natural Law in Judaism MARK WASHOFSKY ....................................

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......................384

MODERN HISTORY

Judith Laikin Elkin. TheJews of LatinAmerica BOHM GONTER ............................................................................... Seth Forman. Blacks in the Jewish Mind:A Crisis of Liberalism H. NORWOOD .................................. STEPHEN ..............

.................... .................

385 389

Joel Beinin. TheDispersion of EgyptianJewry: Culture,Politics, and the Formation of a ModernDiaspora ......................391 M. MICHAEL LASKIER........................................ Paula Hyman. TheJews of ModernFrance. Jewish Communitiesof the Modern World 394 MALINO FRANCES ..................................... ..................... ................ Steven Cassedy. Tothe OtherShore: TheRussian Jewish Intellectuals WhoCame to America ABRAMSON HENRY ......................................................

396

Abraham J. Karp. Jewish Continuityin America: CreativeSurvival in a Free Society DANAEVANKAPLAN.......................................................397 Harvey Warren Meirovich. A VindicationofJudaism.:ThePolemics of the Hertz Pentateuch ................399 NAHUMM. SARNA.................................. ................... Pamela Nadell. WomenWhoWouldBe Rabbis:A History of Women's Ordination, 1889-1985 DASHMOORE DEBORAH .......................................................................

401

Bonnie J. Morris. LubavitcherWomenin America: IdentityandActivism in the PostwarEra HENRY......................................................................................403 JEANNE ARTICLE HEBREW Yaron Harel FromOpenness to Insularity..............

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CORRIGENDA ....................................................................................463

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The Motif of Blood and Procreation in Franz Rosenzweig Author(s): Haggai Dagan Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 241-249 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131696 . Accessed: 17/07/2011 14:06 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review 26:2 (2002)

THE MOTIF OF BLOOD AND PROCREATION IN FRANZ ROSENZWEIG

by Haggai Dagan In a letter dated October 19, 1917, FranzRosenzweig-the GermanJewish philosopher considered by many to be one of the central Jewish thinkers of the twentiethcentury-writes the following: "I can definitely understand... him [a common friend] being an antisemite for religious reasons.... [But] that he is an antisemitefor racial reasons [Rassewegen]-I am very sorry [I cannot understand such a thing], because for him this is simply following the spirit of the times!"' Furtheron Rosenzweig criticizes the "scandal"of hatredof the Jews that is even found among Christianswho became Jews (a distinction that emphasizes the racial-and not religious-origins of this hatred.) ThatRosenzweig made so sharpa distinctionbetween religious antisemitism and racial antisemitism as early as 1917, and that he attributedthe latter to "the spiritof the time," is interesting,but it is not our present concern. We are interested, rather,in the fact that his thought, which roundly attacks racial antisemitism, itself characterizesJudaismas based upon blood and procreation. Rosenzweig's commentatorshave alreadydiscussed this, and they offer various interpretations.Some of them attemptto obscure or minimize the importance of blood in Rosenzweig's thoughtas a whole. Othersdepict it as a shortcomingin his thinkingbut explain that,priorto the 1930s (Rosenzweig died in 1929), it was impossible to anticipate the sensitivity on matters of blood and race that would emerge and become so painful after the Second WorldWar.Moreover, many Israeli scholars portrayRosenzweig as a modern Jewish thinker of lasting significance and thereforetend to downplaysuch problematicfactors as blood, whereas others focus upon his opposition to Zionism, tending to judge all of his thought, including his "blood Judaism,"from this perspective. By contrast, Rosenzweig scholarsin Germanytend to obscureor even to ignore this aspect, because it would detractfrom their ability to see in him a bridge to Jewish-Christiandialogue, an "acceptable"option in Jewishtheology indicativeof the closeness between the two religions.2 In light of all this, there is good reason to reevaluate Rosenzweig's "bloodJudaism,"which standsout as exceptional in the milieu of post-Emancipation GermanJewish thought. 1. F Rosenzweig, Briefe und Tagebiicher,in Franz Rosenzweig: Der Mensch und sein Werk [= GesammelteSchriften](The Hague: MartinusNijhoff, 1979), 1:473 (an MargritRosenstock). 2. Twostrikingexamples of researcherswho departfromthese exegetical tendencies areYaakov Fleischmanand Steven Schwarzschild.See n. 24 below.

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Haggai Dagan The first indicationof the weight thatRosenzweig attachedto connectionsof blood andprocreationappearsin a diaryentryfromSeptember1, 1910 (whenhe was twenty-one years old), in which he praises the faith in immortalitythat exists by virtueof the continuitythroughoffspring,by meansof procreation.3These ideasbecame more acutein anotherpassagewrittenfouryearslater,on June20, 1914.While it is true, writes Rosenzweig, that the concept of the election of the Jewish people has a historicalorigin, it is ultimatelybased upon "the naturalnessof blood,"4and thus we can apply it to the primordialcreation.5That is, since the election of Israel is rootedin blood,in the continuouschainof procreation,it is only naturalto attribute it to somethingthathas existed since the six days of creation,that is, to perceiveit as ontic. In light of these statements,one may well ask how the chainof procreation among Jews differs from thatamong otherpeoples. An answerindicatingthatJews do not intermarrywith other nations would be surprisingin light of Rosenzweig's immediate social environment:a milieu of liberal GermanJews, assimilatedand largely converted to Christianity(his two first cousins and his closest friends, Rudolphand Hans Ehrenberg,had all convertedto Christianity),in which intermarriage was common.This questionreceives what may be called a meta-historicalresponse in Rosenzweig'scentralbook, TheStar of Redemption,but for the moment it remainsunanswered,leaving us with the possibility (which is not explicitly formulatedas such) thatJudaismis based quite simply upon purityof race. Use of the term "race"here is not unreasonable,for in a letterto his parentsdated September 11, 1916, Rosenzweigrefersto the Jews as a "race"(Rasse)andeven representsthem as Semites, togetherwith the Arabs, as opposed to the Aryan race (die Arischen).6 Rosenzweig was not the first Jewish thinkerto portrayJudaismas a biological or ethnic community.He was precededin this by manymedievalauthors,from JudahHalevi (who greatly influenced Rosenzweig and whose poetry he translated and explicated) throughmany of the Kabbalists.The latteremphasizethe purity, merit, and superiorityof Israel over the other nations, its spiritualand heavenly origin and essence, as opposed to the impurity and corporealityof the other nations. The great challenge to this outlook was always the principledposition of Jewish law towardproselytes.The willingness in principleto acceptproselytesand to treat them, more or less, as equals placed a difficulty in the way of any racial and biological definition of Judaism.And indeed, Rosenzweig touches on this issue in a letter from November 7, 1916, stating thatthe "unityof the people allows the convertto enterthe congregationof Israel, but does not allow him to really belong to it (in an integral way)."The proselyte remainsa symbolic embodimentof humanityin general, which will Judaizein the future,at the end of days-and this is the only justification for his existence and his status.7In other words, the pros3. Briefe and Tagebiicher,pp. 105-106. 4. Emphasis in the original. 5. Briefe und Tagebiicher,p. 158. 6. Ibid., p. 224. 7. Ibid., p. 288. One should rememberthatthis letteris partof an extendedcorrespondencewith Eugen Rosenstock-Huessy,a friendand interlocutorof Rosenzweig. Rosenstock,the son of Jewishparents who had converted,attemptedto persuade Rosenzweig to convert to Christianity.After he failed to do so, the dialogue between them assumed a polemical and apologetic tone.

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The Motif of Blood and Procreation in Franz Rosenzweig elyte has no true place in the Jewish "hereand now,"because in terms of the here and now, Judaism is a closed unit. In the final analysis, this removes the ground frombeneaththe institutionof conversion,giving it potentialbut not actual status. In this way Rosenzweig removes the primary stumbling block from his understandingof blood, because the concept of the proselyte no longer precludes an ethnic conception of Judaism. Rosenzweig affirms, in his own way, the halakhic rule that a Jew is anyone bornto a Jewish mother.However,at this stage he gives this technically restrictive definition (from the halakhic viewpoint) the status of a substantivecharacterization of Judaismon a biological basis. Jews do not need a pope, he writes in November 1916, because every Jew is his own pope, and this papacy takes place by means of birth.8That is, the moment someone is born as a Jew, he is already a "completeJew,"and requiresno authorization,approval,or external authorityto confirm this. Blood and birth are sufficient. The tendency described thus far-fragmentary as it may be-may be described as an ethnization or biologization of Judaism. However, it must be emphasized that this stage of Rosenzweig's thought preceeded his creation of a systematicbody of thought.His systematicthoughtfirst appearedafterthe FirstWorld Warin the frameworkof TheStar ofRedemption,9which began with postcardssent home from the Macedonian front (where Rosenzweig served as a soldier in the GermanArmy) during the same years in which some of the above-cited passages were written.In the frameworkof the philosophical outlook presentedin TheStar ofRedemption,Rosenzweig develops and expandsthe matterof blood, connecting it with other aspects of his teaching (which this is not the place to elaborate). In general,one may say thatthe concepts of ethnizationand biologization were modified in TheStar and applied to something broader-existence. In the framework of this category,the word "blood"acquireda meaning that may be understoodas a metaphorfor a broaderidea-existence. This move is reminiscentof the understandingof "ontic" as "existential"in the thought of MartinHeidegger, who defines the Dasein as thatby whose means (andby whose means alone) the Sein finds itself, so that ipsofacto the "is" (ontos) has no existence apartfrom particularexistence. Against this background,one finds an astonishingsimilaritybetween Heidegger'stendency to see in the Germanpeople and language some sort of ultimate embodimentof existence, and Rosenzweig's tendency to see in the Jewish community of blood a superiorand ultimate form of existence that in practice embodies redemptionin a non-redeemedworld. The "we" of the Jewish community,which is meant to serve as a paradigm for the model of the redeemed community(thus Rosenzweig), exists by virtue of common blood, by whose means the life of the communityhas a substantive,firm basis.'0 This substantive"together"is what gives the entity known as "communi8. "Paralipomena,"in Zweistromland,GS 3:121. 9. Der Stern der Erl6sung, GS 2 (The Hague, 1976). English quotationsfrom TheStar are taken from TheStar ofRedemption, trans.W.W. Hallo (Boston: Beacon Press, 1972). 10. Stern,p. 332; Star,p. 299. The characterizationof Judaismas an organic body from which it is impossible to separateoneself follows from the correspondencewith Eugen Rosenstock-Huessy. The conversionto Christianityof someone (such as Rosenstock) indicates that from the outset he was

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Haggai Dagan ty" power in the present,whereas a communityamong whose membersthereis no blood connection is based upon will and hope-that is, upon the future but not upon the present.Hence, that which for otherspertainsto the futureis for the Jewish people alreadypresent.1"This continuity,rooted in blood, is first and foremost the responsibility of the woman, who gives birth, who gives life.12 Rosenzweig does not attempt to conceal this aspect of his thought in his book: "It [the people of Israel] does not have to hire the services of the spirit;the naturalpropagationof the body guaranteesit eternity."'3All this is statedexplicitly: The Jewish people does not rely upon the spirit,or upon its intellectualor ethical uniqueness, or upon one or anothermental quality,or even upon traditionor culture, but only upon blood ties and naturalprocreation.This is at least the case with regard to this specific passage in The Star of Redemption.But when one "compares its chapters with one another,"the picture is more complex. Rosenzweig attributesgreat significance to cultureand tradition,to ritualand to ways of thinking, even in the case of the uniquenessof the Jewishpeople. But this does not detractfrom the definitive natureof what was said above. Hence, one needs to ask, finally, on the assumptionthathe was not guided by racism, why Rosenzweig saw fit to emphasize the matterof blood so strongly. In the context in which these things are stated,blood serves as a metaphor for stability,non-dependence,being gatheredin upon oneself. The people is gathered within its own existence and lives cut off from all that is not itself.14 To illustratehow far Rosenzweig took these ideas we need only take notice of his letterto Hans Ehrenberg,in which he claimed that the redemptionis delayed by the involvement of Jews in the world beyond what is minimallynecessary.The meaning of redemptionis thatthe Jew is cut off from the worldthat surroundshim. The Jew may only be involved in the world, writes Rosenzweig, when it identifies with God-but such identification is only possible outside of history.'• not an integral part of this body, for if he really belonged to it, he would be unable to cut himself off from it. See R. Mayer,FranzRosenzweig-einephilosophie der dialogischen Erfahrung(Munich:Ch. Kaiser Verlag, 1973), p. 40. 11. Elsewhere (Stern,p. 317; Star,p. 285), Rosenzweig says that "hope ... lives as a matterof blood-inheritanceonly in Jewish blood."But this is a hope that accompaniesthe anticipationof the future in the present,and not hope for a distantfuture.Hope for a distantfutureis a concept thatinvolves an inherentcontradiction,for only when the future,or some partof it, is present,is therereasonfor hope. 12. Stern, pp. 362-363; Star, pp. 325-326. 13. Stern, p. 332; Star,p. 299. 14. In the wake of this position, Emanuel Levinas creates a contrastthat counterpoises,on the one hand, Hegelianism, which only gives meaning to a totality against which every particular(faith, existence, etc.) is an illusion, or something that draws its meaning from totality,and on the otherhand, "Jewishsubjectivity,"which demandsfor itself a significance not dependentupon any whole. This Jewish stance is the selfsame demand for existence separatefrom the nations. It follows that Rosenzweig is not simply an alternativeto Hegel but a Jewish alternativeto him. By exploding the Hegelian complex, says Levinas, Rosenzweig allowed for authenticJewish life that drawsits significance from within itself and no longer needs an external source of meaning. See E. Levinas, "Zwischenzwei Welten," in Zeitgewinn-messianisches Denken nach FranzRosenzweig, ed. G. Fuchs and H. H. Henrix(Frankfurt am Main: Knecht, 1987), pp. 60-64. 15. GS 1: 554-556.

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The Motif of Blood and Procreation in Franz Rosenzweig Whence does Rosenzweig derive this picture? Certainlynot from the Jewish communityof Kassel, his hometown,or from thatof Berlin or Freiburg,where he studied,or from that of Frankfurt,where he lived after the war.These communities were completely open and involvedin the social and culturallife of theirnonJewish environment.It is more reasonableto assume that this picture was derived from the Polish Jewish communitiesthroughwhich he passed duringthe course of the FirstWorldWar.He was greatly impressedby the "ingrown"Judaismof these Jews who had not been exposed to Enlightenment'6-the selfsame Ostjuden whom his own parentsand their like among the liberal Jews of Germanyviewed with contempt.One must also recall thathis decision not to convertto Christianity (after initially deciding to do so) took place after visiting the Polish Jewish synagogue in Berlin on Yom Kippurin 1913. It was precisely this image of a closed Jewish communityvoluntarilycut off from its surroundings,in markedcontrastto the image of the enlightened Jew of the school of Mendelssohn, that Rosenzweig adoptedas the archetypefor his model of a redeemed community.His objection to the Mendelssohniantendency is clearly felt in his reaction to the essay "Jews and Germans"by HermannCohen,'7 who was, until the end of his life, an enthusiastic devotee of active Jewish involvement in Germanculture. It may also have been expressedin his decision, following the war,to renounce an academic career (which had been offered to him by his mentor, FriedrichMeinecke) and devote himself to Jewish education in the frameworkof a school that he himself founded and that was intended only for the Jewish community of Frankfurt. This tendency toward self-enclosedness and encapsulation was, as mentioned earlier,quite unusual in the context of Jewish thought in Germanyduring the modern era.18 However, one cannot claim that it had no basis in the Jewish ethos, certainlynot if we rememberthe verse, "Lo, a people that dwells alone, and is not numberedamong the nations"(Num 23:9). While this verse was utteredby Balaam, it became a central motif in the ethos of Jewish separatism,which also came to be understood,from a certainpoint in time, as an ethos of survival, in the 16. Mayer,FranzRosenzweig,pp. 173-174; S. Moses, Systemand Revelation, trans.C. Tudani (Detroit:WayneState UniversityPress., 1992), p. 168. Moses (ibid., p. 204) claims thatplacing the Jew in a metahistoricallight means ignoring the empirical life of the Jewish people and seeing it as a religious entity alone. In light of what is said above, one may formulatethis more precisely by saying that it is an ignoringof the empirical life of part of the people, while placing the life of the other part(that remainsexplicitly underthe sign of separation)in a symbolic light. 17. Zweistromland,pp. 169-177. 18. Albeit folkist approachesthat mix in the motif of blood were not so rare. Michal ben Naftali characterizesit as follows, in "JewishPhilosophyand the Holocaust"[Hebrew], Te'oriah u-viqoret 4 (Autumn 1993), p. 63: "The acceptance of the folkish (Volkisch)terminology,which attributesto a people a natural-organiccharacteristic,by intellectualZionist groupsin Austria-HungaryandGermany, as well as in EasternEurope(without direct Germaninfluence), testified to their devotion to the liberal humanismof the generationof the parents.Jewish folkism, which boasted of the unity of the soul, spirit, and body, was free of exclusivist racist arrogance.The solidarity among 'Jewish souls' established by a sharedland/blood/destiny was understoodas a necessary prior step to general human solidarity."It seems to me that Rosenzweig's more moderatestance, which finds expression in The Star is closer to this characterization.However,his earlierstance, as expressed in the letters surveyedabove, differs.

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Haggai Dagan sense of the preservationof the uniquenessof the people againstthe dangersof assimilation among other nations. This outlook finds strikingexpression in the rejection of Hellenism and of Roman cultureby the circles of the Phariseesand the Zealots. The Bar Kokhbarebellion, which involved the risk of physical destruction of the people, exemplifies the idea thatsurvivalin the sense of preservingreligious uniqueness is preferableto survival in the simple physical sense. The ethos of the Ten Martyrsand of the ascetic teaching of RabbiAkiva, which serves it as a kind of imprimatur,or of the story of such martyrsas The woman and her seven sons in the Second Book of Maccabees, gave an aura of heroism and sacrifice to the ethos of separatism.From this point on, that ethos will accompanythe people on their way throughoutthe long exile. Even though self-sacrifice and death for the Sanctificationof the Name were alwaysthe acts of a minority,they became the basic stuff of myth-rather than the mass conversion to Christianityof the Jews of Spain and Portugal,Maimonides'LetterofApostasy, or otherexpressionsof moderation in the face of harshhistorical reality. The motif of closedness in Rosenzweig differedfrom similarmotifs thatpreceded him in thathis treatmentlacked the heroic element. His is a closedness lacking in drama;it is quiet, uninterestedin anything that surroundsit, without missionary interest, and indifferentto the historicalprocess.'9 While the process as a whole is directedtowardthese insulatedJews, they, so to speak, know nothing of this and do not wish to know anything about it. It is almost astonishingthat such an idea could take on flesh and blood in the words of a "Mendelssohnian"German Jew. But here too, as is the case with most of Rosenzweig's centralteachings (and first and foremost his denial of the Hegelian cognitive complex), the FirstWorld Warand the accompanyingcrisis played a decisive role. However,the motif of blood as expressedin TheStar reflects more thana reaction to the Mendelssohniantendency;it also expresses a clear rejectionof Idealism based upon the spirit, as blood and body serve as a contrastto the spirit. But unlike the romanticisttraditionsand those that arose in reactionto the Enlightenment spirit in Germanyand in France-traditions that drew a connection among blood, race,20folk, and land-Rosenzweig distinguishesbetween blood and earth and creates a clear contrastbetween them: "Wewere the only ones who trustedin blood and abandonedthe land."21Thus, the motif of blood, in additionto being a 19. See W. Kluback, "The Conflict Between HermannCohen and FranzRosenzweig,"in Der Philosoph Franz Rosenzweig, ed. W Schmied-Kowarzik(Freiburg:VerlagKarlAlber, 1988), 2: 801802. The fact of the subject of separatenessbeing so deeply rooted in the Jewish ethos was overlooked by W. Schmied-Kowarzik,who expresses surpriseat the rejectionof the doctrineof mission in Rosenzweig's understandingof Judaism.See his FranzRosenzweig-existenzielles Denken und GelebteBewdhrung(Freiburg,1991), p. 76 20. In one place Rosenzweig explicitly uses the term"race"(Rasse) in orderto clarifythe meaning of"people." See GS 3: 691. 21. Stern, p. 332; p. 299. Rosenzweig is not always absolutely loyal to this distinction.He Star, says that the woman is charged with this blood connection more than the man, because her roots are anchoredin "the depths of nature"(Stern, p. 362; Star pp. 325-326). As such, it is she who "hasthis basis of Jewish life for her own."The man, by contrast,needs to study the Torah"deliberatelyover and over"for the essence of life. Elsewhere, he arguesthat a Jew does not even have to believe, for his very existence as a Jew is an act of faith (Stern, p. 380; Star,p. 342).

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The Motif of Blood and Procreation in Franz Rosenzweig negation of the centralityof the spirit (and, as such, a negation of the entire tradition of Westernthought),also becomes a negation of the nationalethos in its usual territorialform, andespecially of the Zionistethos, which wished to activelyrestore the connectionbetween the people and its land. The people, Rosenzweig claimed, was not foundedon its soil, and its land is more a locus of longing than a place to live. Even when it does live there,it is only as a "strangerand sojournerin its land." The connection to the land means transienceand death, while being embedded in the cycle of procreationand blood, in life alone, means eternity.Thus Rosenzweig can declare:"Amongthe peoples of the world,we were the only ones who separated what lives within us from all communitywith what is dead."22We "do not root in earth,and so we are eternalwanderers,but deeply rooted in our own body and blood."23This is not an eternitybeyondlife, but one thatflows from life itself; eternity that is none other than life itself or, to be more precise, the essence of life itself, cut off from every extraneousthing associated with it (soil, spirit).And what is the essence of life itself if not procreation,if not blood, the fluid of life? This presentationallows us to interpretthe motif of blood as it appears in TheStar of Redemption.In TheStar of Redemption,as against the impression obtained from the fragmentsthat preceded it, one is not necessarily speaking of establishingJudaismupon a narrowracialbasis, or at least not on a racialbasis alone, but upon blood as a symbol of life and of continuity.Blood thus assumes in The Star a metaphoricalmeaning that helps to bring out the uniqueness of the Jewish people as a people separatesfrom otherpeoples in the mannerof its existence and in terms of the ethos of its existence (and not necessarily in the purityof its stock). As a people connected to this essence alone, of a self-rooted existence, an existence that has no more than its own "being"and no need for any more than this, living a life without land and language, the Jewish people cannot imagine a time when it will cease to exist.24 22. Stern, p. 332; 299. Star,p. 23. Stern, p. 338; Star,p. 305. 24. Ibid.The matterof blood likewise serves the unity of the people. Rosenzweig says that this unity,expressedin the motif of blood, is only symbolic, but neverthelessneeds to be preservedas such. See S. Talmon,"Judentumund Christentumim Verstindnis Franz Rosenzweigs," in Offenbarungim DenkenFranzRosenzweigs(Essen: Ludegrus,1979), p. 133, andthe referencethere.Concerningblood, cf. A. Funkenstein,"An Escape from History: Rosenzweig on the Destiny of Judaism,"History and Memory2 (1990): 117; idem, "The Origin of Rosenzweig's Star of Redemption:'Early Version' and 'PreliminaryUnit' " [Hebrew], in Image and Historical Consciousness in Judaism and in Its Historical Environment(Tel Aviv:Am Oved, 1991), p. 220; E. L. Fackenheim,ToMend the World(New York: Schocken, 1982), p. 90; YehoshuaAmir, "TheDistinctively Jewish Perspectivein the Thoughtof Franz Rosenzweig"[Hebrew],Da 'at 6 (1981): 93-94; H. Bergman,Hogei hador [Hebrew](Jerusalem:Magnes Press, 1975), pp. 201-204; E. Levinas, "Zwischen zwei Welten,"in Zeitgewinn-messianisches Denken nach Franz Rosenzweig, ed. G. Fuchs and H. H. Henrix (Frankfurt:Knecht, 1987), p. 52; N. Rotenstreich,ContemporaryJewish Thought[Hebrew](TelAviv: Am Oved, 1987), p. 239; M. D. Oppenheim, "Death and Man's Fear of Death in Franz Rosenzweig's The Star of Redemption,"Judaism 27 (1978): 464; R. Horwitz, "HermannCohen and FranzRosenzweig" [Hebrew],Jerusalem Studies in Jewish Thought4, nos. 3-4 (1985): 311-312; idem, "The Understandingof Jewish History in Franz Rosenzweig's Thought" [Hebrew], Proceedings of the American Academyfor Jewish Research 37 (1969): 14-15; idem, "Aspects of the Problems of Language and Speech in Rosenzweig's Thought" [Hebrew],Da'at 6 (1981): 48, 50, 53; K. Ldwith, "M. Heidegger and E Rosenzweig or Temporality

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Haggai Dagan One may again ask why the Jewish people alone is allowed a life of this sort, of eternitybased upon blood and procreation.The answereliminates the possibility of a racist interpretationof The Star of Redemption,or at least modifies it to "moderateracism":Not because Jewish blood is pureror substantivelydifferent from the blood of the other nations, but because the Jewish people lives the dynamic of procreationand of self-rooting, and does not need (in principle)anything apartfrom that, whereas it is the natureof the othernations-especially the Christian nations-"to turn outwards"towardthe world, to influence and to be influenced. Nonetheless, in light of this substantivedistinction, which has existed for thousandsof years, therehas been createda situationof substantivedifferencebetween the Jewish people and the othernations, andthis differenceis existentialand ontic. It is impossible to ignore this insight in Rosenzweig's thought. A few short years after Rosenzweig's death, the Jewish people underwent events that placed the entire concept of eternity in the context of blood in an almost ludicrouslight. Nevertheless, he cannotbe legitimatelycriticized for not considering the possibility that the people as a whole could simply be physically destroyed,for no one could have imagined any such possibility in those days. The discussion of the motif of blood and procreationhas anotheraspect;the emphasis on self-ingrown existence means, for Rosenzweig, forgoing the necessity of territory.This unique "net" existence does not requireterritory.Therefore, even if this position may be depicted as a kind of Jewish nationalism,it is not nationalism in the routine sense, which includes relationshipto a territoryas a primary,or even fundamental,component of the nationalethos. For Rosenzweig the opposite holds: He saw the exile as a necessary condition for the authenticexistence of the Jewish nation.25In this he is no differentfrom universalistslike Hermann Cohen, who idealized the exile and posed a universalismthat implied forgoing a homeland.26But Cohen (like EmmanuelLevinas) bases Jewish existence and Eternity,"Philosophy and Phenomenological Research 2 (1942): 1-70; Moses, Systemand Revelation, pp. 179-180; S. Schwarzschild,"FranzRosenzweig and MartinHeidegger:The Germanand the Jewish Turnto Ethnicism,"Der Philosoph Franz Rosenzweig, p. 889; Y. Fleischman, "The Two Eternities" [Hebrew] 'Iyyun5 (1954): 72, 82; idem, "FranzRosenzweig as Critic of Zionism" [Hebrew], Beit Hillel Discussions on FranzRosenzweig(Jerusalem:Magnes Press, 1956), p. 63; idem, The Problem of Christianityin Jewish Thoughtfrom Mendelssohn to Rosenzweig [Hebrew] (Jerusalem: Magnes Press, 1964), pp. 173, 176; Z. Levi, "Onthe Statusof Man in the Philosophies of FranzRosenzweig andMartinBuber"[Hebrew],Da 'at 12 (1964): 136-137; idem., "FranzRosenzweig'sEncounter with the HegelianTradition"[Hebrew](M.A. diss., TelAviv University,1968), 98-99; A. Meir,Kokhav mi-Ya'akov[Hebrew](Jerusalem:Magnes Press, 1994), p. 91; J.Tewes,ZumExistentialsbegriffFranz Rosenzweigs (Meinheim am Glan:VerlagAnton Hain, 1970), p. 31. 25. Thus in a letter to Rudolph Hallo on March 15, 1921: "Judesein heisst im 'Golus' sein" ("Being a Jew means to be in Exile"). The word Golus is used here in the sense of "exile,"and not as translatedby Rivka Horwitzin Selected Lettersand Diary Passages [Hebrew](Jerusalem:MossadBialik, 1987), p. 203: "to be a Jew means to be revealed." 26. Gershom Scholem, "Jews and Germans,"in On Jews and Judaism in Crisis (New York: Schocken, 1976), p. 89, commented on such matters in reactionto MargareteSusman'sassertionthat "the vocation of Israel as a people is not self-realization, but self-surrenderfor the sake of a higher, transhistoricgoal."He says thatit is blindnessto demandsuch a thing in the name of the prophets,"who indeed did not wish Israel to be a people like all the other peoples." Scholem's comments are directed

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The Motif of Blood and Procreation in Franz Rosenzweig upon ethics. He plays down the importanceof tribal belonging, of connection to soil, and of national identity.Cohen spoke of Germanyas his true home, but the deeper significance of his thoughtis that feeling at home is a minor thing that the Jew ought to sacrifice for the sake of more elevated matters. Rosenzweig differs substantiallyfromthis tendencyin thathe emphasizespureexistence (as expressed in blood and propagation),which he places before ethics or reason. For Rosenzweig the meaning of exile is not the sacrificing of a home; on the contrary:it is a paradoxical(or dialectical)27preconditionfor having an ultimatehome. Only by forgoing home, by forgoing homelandin the usual sense, does one acquirea home that is not dependentupon place, that is not concrete, like the shell that the snail carries on its back. This home is the essence of Jewish existence. Haggai Dagan Li-On, Israel against the distortioninvolved in the universalistinterpretationof Judaism. "We are asked to believe ... thatthe 'originalmeaning of the Jewish idea is the absorptionof this people by otherpeoples.' What is terribleaboutthis statementis not that it has been so devastatinglyrefutedby history,but that it never signified anythingexcept a perversionwherebyChristianideas-rejected by Jews with their dying breath-now presentedthemselves as the demandsof the greatest Jewish minds." 27. Paradoxicallyif we formulateit thus: "if not a home then a home";dialectically if we read: "the negation of Home A allows in the next stage the attainmentof Home B."

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The Reception of the "Shulḥan 'Arukh" and the Formation of Ashkenazic Jewish Identity Author(s): Joseph Davis Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 251-276 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131697 . Accessed: 17/07/2011 14:06 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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AJS Review 26:2 (2002)

THE RECEPTION OF THE SHULHAN 'ARUKHAND THE

FORMATIONOF ASHKENAZICJEWISH IDENTITY

by Joseph Davis Codificationand Identity The story of the composition and receptionof the sixteenth-centurycode of Jewish law,the Shulhan 'Arukh,has been told by many scholars, includingmy late teacher,ProfessorIsadoreTwersky.'It is intertwinedwith a second story,namely, the formationof Ashkenazic Jewish identity.2 Efforts to codify a body of law are tied necessarily to questions of political This article was written in memory of my teacher,Professor IsadoreTwersky.It was first presentedas a lecture at the conference on "Ashkenaz:Theory and Nation,"sponsored by the JagiellonianUniversity of Cracowand Ohio State University.Neil Jacobs'squestions in his keynote addresson the geographyof Ashkenaz shaped the exposition in this article. A later version was presented as a lecture at the JewishTheological Seminaryof America. I thankthe audience at both lecturesfor theiruseful questions and suggestions. ElhananReiner,Adam Teller,and Jeffrey Woolf helped clarify for me some of the issues discussed in the article. I thankErnestDavis and Joel Hecker for bibliographicalassistance. I also thankthe staffs of the GratzCollege libraryand the libraryof the Center for Judaic Studies in Philadelphia(the former Dropsie College). The errorsare, of course, my own. 1. IsadoreTwersky,"The Shulhan 'Arukh:EnduringCode of Jewish Law,"Judaism 16 (1967), 141-158, reprintedin TheJewish Expression,ed. JudahGoldin (New Haven, 1976), pp. 322-343. Cf. IsadoreTwersky,"Ha-RayYosef Qaro ba'al ha-Shulhan 'Arukh,"Asufot 3 (1989), 245-262. See also Chaim Tchernowitz, Toledotha-Posqim, vol. 3 (New York, 1947); Yizhaq Raphael, ed., Rabi Yosef Qaro: 'Iyunimu-mehqarimbe-mishnatMaranBa 'al ha-Shulhan 'Arukh(Jerusalem, 1969); Menachem Elon, Ha-Mishpat ha- Ivri: toledotav, meqorotav,'eqronotav,2"nded. (Jerusalem, 1978); Asher Siev (Ziv), RabeinuMosheh Isserles (Rema)(NewYork, 1972); R. J. Zwi Werblowsky,Joseph Karo:Lawyer and Mystic, rev. ed. (Philadelphia, 1977); Meir Benayahu,YosefBehiri: Maran Rabi YosefQaro (Jerusalem, 1991); IsraelTa-Shma,"RabbiJosephCaroand His Beit Yosef:Between Spain and Germany," in MoreshetSepharad:TheSephardiLegacy, ed. Haim Beinart,vol. 2 (Jerusalem, 1992), pp. 192-206 (the articleoriginallyappearedin Hebrewin Tarbiz59 [1990]: 153-170); Eric(Yizhaq)Zimmer,Gahalatan shel Hakhamim:peraqim be-toledot ha-rabanutbe-Germanyahba-me'ah ha-shesh-'esreh uvame 'ah ha-sheva'-'esreh (Jerusalem, 1999), pp. 177-237. 2. An excellent recent studyof identity-formationamong a groupof earlymodernJews is Miriam Bodian,Hebrewsof the PortugueseNation: Conversosand Communityin EarlyModernAmsterdam (Bloomington,IN, 1997). The formationof Polish Jewish identity was the topic of Adam Teller'slecture, "YevenMetzulaand the Formationof Jewish Self-Consciousness in EasternEurope,"which I was privilegedto hear,and which is expectedto appearin Jewish History in a special issue on the massacres of 1648. On the treatmentofAshkenazic and SefardicJews in Jewishhistoriography,see IsmarSchorsch, "TheMyth of SephardicSupremacy,"Leo BaeckInstituteYearBook 34 (1989), 47-66. On halakhic aspects of the differencesbetweenthe two groups,see HirschJacobZimmels,Ashkenazimand Sephardim:. TheirRelations,Differences,and Problemsas Reflectedin the RabbinicalResponsa (Oxford, 1958).

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Joseph Davis identity, that is, questions of who should be bound by the same laws and who by different laws.3 Broadly speaking, legal codification can have either of two opposite effects. It can erase local differences and serve a universalizing goal. Or, by giving local differences written form and official sanction, it can serve to defeat universalizingtrendsin the law, and preserveand foster a sense of local or regional identity. ThroughoutEurope-in France, the Low Countries, Spain, England,Germany, Poland,and the OttomanEmpire-the sixteenth centurywas an age of legal codification.4 In England,RichardMorison wrote to King Henry VIII in the 1530s, proposingthat "the common laws of this your realmthat now be unwritten might be written,that now be dispersed and uncertainmight be gatheredtogether A few years earlier,the Polishparliamentdecreed that"allthe and made certain.""5 customs, laws, and ancient statutes should be gatheredfrom every province, that we may begin the reformationof the entire constitution."6ConsuetudinesTerrae Cracoviae ("The Customs of the Land of Cracow")had alreadybeen publishedin 1506.7 Five years after the appearanceof the Shulhan 'Arukh,in 1569, an enormous legal code, the Recopilaci6n des Leyes, was publishedin Castile. Each of these efforts strengthenedcertainpolitical identities and weakened others. The boundarybetween England and Wales was weakened in the sixteenth century by the extension of English common law to that region.8 In the Polish 3. The connection is made by RichardHelgerson among others;see his Forms of Nationhood: The Elizabethan Writingof England (Chicago, 1992), pp. 65-104. On the general question of national and group identity in early modern Europe, see CharlotteCatherineWells, Law and Citizenshipin Early Modern France (Baltimore, 1995); Rainer Babel and Jean-MarieMoeglin, eds., Identite re'gionale et conscience nationale en France et en Allemagne du MoyenAge l 'EpoqueModerne (Sigmaringen, 1997); Brenden Bradshawand Peter Robert, eds., British Consciousness and Identity:The Making of Britain, 1533-1707 (Cambridge, 1998); the special issue of Harvard UkrainianStudies, vol. 10, nos. 3-4 (1986), ed. Ivo Banac and FrankSysyn, entitled Concepts of Nationhood in Early ModernEastern Europe;Orest Ranum,ed., National Consciousness,History,and Political Culturein Early Modern Europe (Baltimore, 1975); and note also David Bell, "Recent Workson EarlyModern FrenchNational Identity,"Journal ofModern History 68 (1996), 84-113, and the literaturecited there. 4. See Manlio Bellomo, The Common Legal Past of Europe, 1000-1800, trans. Lydia G. Cochrane(Washington,D.C., 1995), pp. 78-84; JohnP.Dawson, "TheCodification of the FrenchCustoms,"MichiganLaw Review 38 (1940), 765-800; Rene Filhol, "Laredactiondes coutumes en France aux XVe et XVIe siecles," and John Gilissen, "La redactiondes coutumes en Belgique aux XVIe et XVIIe siecles," both to be found in JohnGillisen, ed., La redactiondes coutumesdans lepasse et dans le present (Brussels, 1962), pp. 63-78 and 87-109; Richard L. Kagan, Lawsuits and Litigants in Castile, 1500-1700 (Chapel Hill, NC, 1988), pp. 25-26; Helgerson, Forms of Nationhood; Gerald Straus,Law,Resistance, and the State: TheOppositionto RomanLaw in ReformationGermany(Princeton, 1986), pp. 86-87; Waclaw Uruszczak, "Essais de codification du droit polonais dans la premiere moiti6 du XVIe siecle," Revue historiquedu droitfrancais et etranger 59 (1981), 419-430; H. Inalcik, "Suleimanthe Lawgiverand OttomanLaw,"ArchivumOttomanicum1 (1969), 105-138. 5. Quoted by Helgerson, Forms of Nationhood, p. 70. 6. Quoted by KonstantyGrzybowski,"La loi et la coutume en Pologne depuis le X-eme siecle jusqu'd 1795,"in Rapportpolonais presente au sixieme Congresinternationalde droit compare(Warsaw, 1962), p. 51. Cf. WaclawW. Soroka, "HistoricalStudies of Polish Law,"in Polish Law Throughout the Ages, ed. Wenceslas J. Wagner(Stanford, 1970), pp. 23-31. 7. Uruszczak, "Essais de codification du droit polonais,"p. 422. 8. PeterR. Roberts,"Walesand Englandafterthe Tudor'Union': Crown,Principality,and Par-

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The Reception of the Shulhan 'Arukh Commonwealth,the duchies of Lithuaniaand Mazovia codified their laws in the sixteenth century partly in order to resist the encroachmentsof Polish-that is, Cracow-law.9 In France,customary law was codified during the sixteenth century province by province;in SpanishNetherlands,laws were codified village by village, an arduousprocess thatwas never completed.10At the same time, some of the commentatorson the great code of Roman law, Justinian'scode, arguedthat it applieduniversallythroughoutthe world."I 'Arukh,together During the century after its publication, Karo's with Isserles' notes and amplified by a group of later commentaries Shulh.an (particularly a numberwritten by seventeenth-centuryPolish rabbis), became the normative code of law for Ashkenazic Jews. But who is an Ashkenazic Jew? To whom do the stricturesof Isserles' commentaryapply?Whose customs did Isserles codify? A variety of answers, some complementary,some contradictory,were offered to these questions by sixteenth- and seventeenth-centuryJews during the conflict over the receptionof the Shulhan 'Arukh.It was suggested that the Ashkenazim were the descendents of a group of common ancestors;that they were the Jews who lived in Germany,Ashkenaz;that they were those who lived throughout CentralandEasternEurope;thatthey wereYiddish-speakingJews; or even, for the purposesof Jewish law, thatthey were exactly those Jews whose communities accepted the authorityof Isserles' code. ThreeSixteenth-CenturyTheoriesof theAshkenazic Community It is when one goes abroadand lives among strangersthat one's identity is apt to be challenged.Ashkenazic Jews living in Centraland EasternEuropein the early modernperiod did not frequentlyneed to ask themselves who was and who was not an Ashkenazic Jew.Those living in Mediterraneanlands, however, were forced to addressthis question. Beginning in the fourteenthcentury,afterthe Black Death andthe massacres of GermanJews that followed in its wake, communities of CentralEuropeanJews began to be established aroundthe Mediterranean.12By the mid-sixteenthcentury, therewere communitiesin Mantua,Verona,Venice, Rome, and some otherItalian cities; in Salonika, Constantinople,Adrianople, and a few other places in the Balkans and Greece; and in the land of Israel, in Jerusalemand Safed.13 liament, 1543-1624," in Law and Governmentunder the Tudors:Essays Presented to Sir GeoffreyElton, ed. Claire Cross et al. (Cambridge,1988), pp. 111-138. On the extension of English law to Ireland, see in the same volume, Brendan Bradshaw,"Robe and Sword in the Conquest of Ireland," pp. 139-162. 9. See above n. 6. 10. See Dawson, "Codificationof the FrenchCustoms";Filhol, "Laredactiondes coutumes en France";Gilissen, "Laredactiondes coutumes en Beligique" (all above n. 4). 11. See Anthony Pagden, Lords ofAll the World:Ideologies of Empire in Spain, Britain, and France, c. 1500-c. 1800 (New Haven, 1995), pp. 23, 53-60. 12. See ElananReiner,"BeinAshkenazli-yrushalayim-Hakhamim Ashkenazimbe-'Eres Yisra'el le-aharha-mavetha-shahor',"Shalem 4 (1984), 27-62. 13. Zimmels, Ashkenazim and Sephardim, pp. 41-45;

Salomon Rosanes, Divrei yemei Yisra 'el

be-Togarmah(TelAviv, 1930), vol. 1, n. 5 (pp. 163-175); Shelomoh Spitzer,"Ha-Ashkenazimbe-hasi

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Joseph Davis In many of these cities, a new type of multi-ethnic Jewish community emergedin the sixteenthcentury.14Venice, with its tripartitedivision into Sefardic, Italian, and Ashkenazic communities, was one example.15 In Safed, there were twelve communities of Jews: the communities of the Jews of Portugal, Castile, Aragon, Seville, Cordoba,the Maghreb,"Italy,"Calabria,Apulia, the Arab lands, Germany,and Hungary.16 In Salonika,there were nearlytwo dozen separatecommunities.17

Should each of these groupsof transplantedJews continueto observe its own customs? We may begin with Karo.The authorof the Shulhan 'Arukhyearned for the unification of Jewish practice, and strongly favored the customs of the Spanish Jews.18Karo should not be seen, however,as denying the legitimacy of local cusha-i ha-Balqaniba-me'ot ha-15 veha-16,"and Leah Bornstein,"Ha-Ashkenazimba-Imperyahha-Othmanit ba-me'ot ha-16 veha-17,"both in Mi-Mizrahumi-Ma'arav 1 (1974), 59-79, 81-104; Abraham David, "Qavimli-demutoshel ha-qehilahha-Ashkenazitbi-Yerushalayimba-me'ahha-16,"SixthWorld Congress of Jewish Studies, vol. 2, Hebrew sec., pp. 331-341; MinnaRozen, Ha-Qehilah ha-Yehudit bi-Yerushalayimba-me 'ah ha-17 (Tel Aviv, 1985), pp. 99-102; Moses Shulvass, "Dos Ashkenazishe Yidntumin Italye,"Yivobleter34 (1950), 157-181 (also publishedin English as "AshkenazicJewryin Italy,"YIVOAnnual of Jewish Social Science 7 (1952), 110-131). 14. On multi-ethnic Jewish communities in the sixteenth century,see Kenneth Stow, "Ethnic Rivalryor Melting Pot:The Edot in the RomanGhetto,"Judaism41 (1992), 286-296; ArielToaff,"The Jewish Communitiesof Catalonia,Aragon, and Castile in 16th CenturyRome,"in TheMediterranean and the Jews: Banking,Finance, and InternationalTrade(XVI-XVIIICenturies),ed. Ariel Toaff and Simon Schwartzfuchs(Tel Aviv, 1989), pp. 249-270; Salo Baron, A Social and Religious History of the Jews, vol. 18, 2nd ed. (New York, 1983), pp. 55-67. The Ashkenazic communities of Centraland Eastern Europe were not generally divided into separateco-territorialJewish communities.Thus, for instance, there was no community of Germanor Polish Jews in Prague.An exception was the Jewish community of Cracow,which in the early sixteenth century was divided for some time into separate Polish and Bohemian communities. See BernardWeinryb, TheJews of Poland (Philadelphia, 1973), pp. 91-92. 15. On Venice, see David Malkiel,A SeparateRepublic:TheMechanicsand Dynamicsof Venetian Jewish Self-Government,1607-1624 (Jerusalem, 1991), pp. 92-113; Daniel Carpi,"'Taqanoneha' shel qehilat Venesyah 1591-1607," in Galut ahar golah: mehqarimbe-toledot 'am Yisra'el mugashim le-Prof HayimBeinart . . ., ed. Aaron Mirski et al. (Jerusalem, 1988), pp. 443 -469, reprinted in Carpi,Be-Tarbutha-Renesans u-vein homot ha-gito (Tel Aviv, 1989), pp. 168-208. 16. Amnon Cohen and BernardLewis, Populationand Revenuein the TownsofPalestine in the Sixteenth Century(Princeton, 1978), p. 159. 17. BernardLewis, Notes and Documentsfrom the TurkishArchives(Jerusalem, 1952), pp. 2528. Cf. Rivka Cohen, Qushta-Saloniqi-Patros:hit'argenut qehalit ve-'al-qehalit shel YehudeiYavan taat shilton ha-'Othmaniba-me'ot ha-15 veha-16 (Tel Aviv, 1984), pp. 15 ff. 18. See Ta-Shma,"RabbiJoseph Caro and his Beit Yosef"(above n. 1). Benayahu(YosefBeiri, p. 28; cf. p. 140) suggests that Karo "wished the Sefardimto exercise hegemony" in Safed. In 1555, Karo was involved in a conflict with Moses b. Joseph of Trani(MaBIT)over a case in which Karo rejected a custom observed by the pre-Sefardic(Musta'arabic)communityof Safed. See Karo,She 'elot u-teshuvotBeit Yosef dinei ketubah 3. Cf. Karo, She 'elot u-teshuvot 'Avqatrokhel 32, discussed by Toledanoin Raphael,Rabi YosefQaro,p. 184, and by Dienstag in the same volume, pp. 173-174. Gordon Weinerhas accused Sefardic rabbis of a "double standard"that favored their own local customs over those of others. See "SephardicPhilo- and Anti-Semitism in the Early Modern Era:The Jewish Adoption of ChristianAttitudes,"in Jewish Christiansand ChristianJewsfrom the Renaissance to the Enlightenment,ed. RichardPopkin and GordonWeiner(Dordrecht,1994), p. 199.

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The Reception of the Shulhan 'Arukh toms. He accepted certain variationsin customs (he could hardly have done otherwise; the principle has a firm grounding in talmudic law). Specifically, he accepted local stringencies,humrot,but not local leniencies, qulot. His hope, that is, was not for complete uniformityof practice throughoutthe Jewish world, but for a baseline of requiredbehavior,to which local communitieswould add furtherdetails and regulationsaccording to their desire and in keeping with local circumstances, but from which they could not detract.19 Karo's view of the multi-ethnic Jewish community, with its diverse subcommunities and their diverse customs, is less clear. In some of his responsa he endorsedthe legitimacy of ethnic subcommunities.Nevertheless, in his commentary to Maimonides' Mishneh Torahhe cast doubt on their halakhic status, and seemed to conclude, as Maimonideshad,that in one city, one Jewish court and one set of customs should prevail.20 Karo'sobjections to local halakhic pluralismtook a particularlysharpform in a responsumthathe wrote early in his career,before he settled in the land of Israel, when he was still a rabbi in Nikopolis (a town in what is today Bulgaria).21 He was askedby the Jews of Pleven, a nearbytown, whetherthe communityshould follow Ashkenazic stringenciesin the laws of ritual slaughter.Karo answeredthat they should not. He argued that even Ashkenazic Jews who had immigratedto Pleven were permittedto abandontheir native stringenciesand adopt the customs of theirnew home. Even if a majorityof the Jews of Pleven, he added,were Ashkenazic immigrants,they were still permittedto adopt the local leniencies, because they had immigratedone family at a time, and as soon as each family arrived,it lost its formerstatus and became partof the Pleven community.22 Thatis, Ashkenazicidentity,for the young Karo,was tied exclusivelyto place of residence.An "AshkenazicJew" was exactly one who lived in the Ashkenazic 19. See Karo'sintroductionto Beit Yosef:"If in certainlands, they are accustomedto forbidcertain things, even though we shall decide the law to the contrary,they should hold fast to their custom, for they have already accepted the words of the sage who forbadeit, and it is prohibitedto them."Cf. Jose Faurin Raphael,Rabi YosefQaro, pp. 192-193. 20. See Karo'scomment in KesefMishneh on Maimonides, Mishneh Torah,Hilkhot 'Avodat Kokhavim 12:14, and his criticism of the view of R. David ben Hayyim of Corfu. Contrast,however, She'elot u-teshuvot 'Avqatrokhelnos. 32 and 191, and see below n. 32 on the principle, invoked by Karo in these responsa, that an ethnic community may be considered a "city unto itself."There are a numberof expressions by OttomanJews in this period of the principlethat the Jews of a single locality ought to be united and observe a single set of customs. For instance, a sixteenth-centurycommunal statuteof the Jews in S6rraiin Macedoniaprohibitedanyone from forming a competing synagogue in that place. See Rivka Cohen, Qushta-Saloniqi-Patros(above n. 17), p. 148. 21. Joseph Karo, She 'elot u-teshuvot 'Avqatrokhel, no. 212 (ed. New York, 1959, p. 193). The text is discussed by Zimmels, Ashkenazimand Sephardim,p. 304; Rosanes, Divrei YemeiYisra'el beTogarmah(aboven. 13), p. 167;ElyakimElinson,Ish ve-ishto (Jerusalem, 1981), p. 20, n. 12 andp. 24, n. 31; Asher Siev, ed., She 'elot u-teshuvotha-Rema (Jerusalem, 1971), p. 335, n. 2. 22. This theory of the legal status of immigrantswas made more flexible by Samuel de Medina in his responsum40 on Yorehde 'ah. He distinguishedbetween immigrationby isolated individuals (to whom Karo'srule would apply) and immigrationen masse by a group, whose members keep their ethnic statusand form a separatenew community of their own. On de Medina, see Morris Goodblatt, Jewish Life in Turkeyin theXVI Century:As Reflected in the Legal Writingsof Samuelde Medina (New York, 1952), but the work should be used with caution.

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Joseph Davis lands. An Ashkenazic Jew in Pleven was, for the purposes of Jewish law,no longer Ashkenazic. A differentpoint of view was representedin Safed by a young scholarborn in Egypt to a mixedAshkenazic-Sefardicfamily:R. IsaacLuria,theAri. In a muchquoted comment, Luriais said to have recommendedthateach communityof Jews maintainthe customs of its ancestors. Concerningthe many differences in the prayers... between minhag Sefarad, minhag Catalonia, minhagAshkenaz,and so on ... he said thatin heaventhere

aretwelvewindowscorresponding to thetwelvetribes,andthattheprayersof eachtribeascendthrougha differentgatethatis specialtothattribe... .Thereforeit is properthateachpersonholdfastto theorderof theprayersaccordforalthoughno one livingtodayknows ing to the customsof his forefathers, who is descendedfromone tribeor another,it maybe, sincehis forefathers heldfastto thosecustoms,thathe is descendedfromthattribe. .. andthathis prayerswill notascendunlesstheyaresaidin thatway.23 We recall that in sixteenth-centurySafed therewere exactly twelve communities. For Luria, each community stood in place of, and perhapswas descended from, one of the twelve tribes of Israel. Each communitywas defined essentially by its ancestry and only accidentally by the region of Europe for which it was named.24 A similar stress on lineage may be seen in anotherpassage, written from a more sober halakhic point of view, by the second commentatorto the Shulhan 'Arukh(Isserles was the first), a leading rabbiof Egyptin the generationafterKaro, Rabbi Jacob Castro(ca. 1525-1610). The topic of Castro'scomment is the herem of Rabeinu Gershom, the prohibitionon polygamy.Karo had taken the view that the prohibitionwas time-bound and no longer in effect; he also admitted,following his notion of local legal stringency,that polygamy might continue to be prohibited in certainplaces. Jacob Castrowrote, by contrast,"The herem of Rabeinu 23. See Hayyim Vital, Sha 'ar ha-Kavanot in Kol kitve ha- Ari z "l, ed. JudahZvi Brandwein, vol. 8 (Jerusalem, 1988), p. 328. The passage is quotedin Zimmels,Ashkenazimand Sephardim,p. 116, n. 6, and also in such seventeenth-centuryhalakhic works as Joseph Hahn N6rdlingen, Yosif 'omes (Frankfurtam Main, 1928), p. 12, and AbrahamGombiner,MagenAvrahamon Shulhan 'arukh,Ora ayim, sec. 68. 24. It should be noted that Luria did not see ancestralliturgicalcustoms as halakhicallybinding. He himself used an idiosyncratic prayertext, the so-called Nusah ha- Ari. Cf. the halakhic view of Samuel de Medina, below n. 35. Nusah ha- 'Ari combines aspects of the Sefardic and Ashkenazic texts, and in thatrespectresembles Karo'sefforts at halakhicunification (on which see Ta-Shma,"Rabbi Joseph Caroand His Beit Yosef").It was promotedby Vital and laterbecame widespreadamong Hasidic groups. There is no evidence, however,that Luriahimself intendedhis prayertext to have widespreaduse or to replacethe varioustraditionalprayertexts (as was lateralleged). On the laterreception of Nusah ha-Ari, see Joseph ben Hayyim Moses Nazir, She'elot u-teshuvotMateh Yosef(Constantinople, 1717), pt. 1, no. 3; Dov Baer of Mezhirech, Magid devarav le-Ya'akov,ed. Rivka Schatz-Uffenheimer (Jerusalem, 1990), p. 167; Zimmels, Ashkenazimand Sephardimpp. 118-119; E. Daniel Goldschmidt, "'Al nusah ha-tefilot shel qehilot ha-Hasidim,"in his Mehqerei tefilah u-fiyut (Jerusalem, 1980), pp. 315-321.

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The Reception of the Shulhan 'Arukh Gershomapplies to persons, andeven if he [sic] leaves the city or the area,he must obey it, and likewise their childrenand their children'schildren forever."25 Forthe young Karo,the Ashkenazimwere precisely the Jews of a particular place, namely,Germanyand the surroundingareas.ForIsaac Luria,for Jacob Castro, and (as we will see) for Isserles as well, Ashkenazic Jews are defined by genealogy,not only geography.Being Ashkenazicwas passed on from fatherto son.26 Are a group of Jews united,are they subject to the same laws, because they all live in the same place? The notion of a territorialstate, a polity that consists of the inhabitantsof a certainplace, all of whom must observe certain customs, exists, of course, in many cultures;perhapsit is universal.27The talmudic notion of custom is based on thatthought;so is the fundamentalform of the medieval Jewish community,which was a group of Jews who lived in a certainplace, usually a certain town.28 A competing concept, however,both in the sixteenthcenturyand afterwards, is the ethnic state, a polity thatcomprisesall the membersof a certainethnic group. Among sixteenth-centuryJews, ethnicity was often reducedto lineage; alongside of local custom, minhagha-maqom,stood ancestralcustom, minhagavoteinu.The notion of ancestralcustom couldjustify the continuanceof the diverse ethnic Jewish communities in the Ottomancities.29 25. Castro, 'Erekhlehem (Constantinople,1718) on 'Evenha-'ezer 1:1 (p. 55b). On Castro,see YizhakNissim in Raphael,ed., R. YosefQaro,pp. 64, 75-81. Elimelekh Westreichhas written a series of articleson the history of the interpretationof the heremRabeinu Gershom.See esp. "'Ilot le-hatarat heremde-RabeinuGershombe-Italyahba-me'ot ha-hameshve-ha-shesh 'esreh,"Mehqeremishpat, 9 (1991), pp. 227-256; and "TheBan on Polygamyin Polish RabbinicThought,"Polin 10 (1997), pp. 6684. In one of his responsa (She 'elot u-teshuvotBeit Yosef dine ketubot,no. 14) Karo reportsthat the Ashkenazic Jews in Jerusalemand Turkeythemselves permittedpolygamy.Their theory of the operation of the heremmust thereforehave been differentfrom Castro's(althoughit may also have been differentfrom Karo's).Cf. OSarha-posqim, 'Even ha-'ezer, vol. 1 (Jerusalem, 1956), p. 70. 26. Cf. TalmudBavli, Pesahim 50a, codified in Yorehde 'ah 214. The herem of Rabeinu Gershom, as a herem, is said by some early modernhalakhiststo have a special status that makes it obligatory on childrenand children'schildren;whetherotherAshkenazic minhagimare similarly inherited remaineddebatable.The principlethat ancestorsmay bind futuregenerationsof descendents to a custom or practiceis also stated (in regardto the celebrationof a special Purim)by R. Moses Alashkarin his Responsa, no.49; cf. R. Joseph Furman,quoted by Rivka Cohen, Qushta-Saloniqi-Patros,p. 150. Samuel de Medina qualified this rule in his responsa,1:40, childrenmay be released from an ancestral custom unless it is an interpretationof the talmudic law that they have accepted. 27. Cf. Donald R. Kelley, "SecondNature:The Idea of Custom in EuropeanLaw, Society, and Culture,"in The Transmissionof Culturein Early ModernEurope, ed. AnthonyGraftonand Ann Blair (Philadelphia,1990), pp. 150-157. 28. See TalmudBavli, Yevamot 13b- 14a and elsewhere. 29. Forminhag avot, see TalmudBavli, Besah 4b, and for the medieval developmentof the notion, see Yedidyah Denari, Hakhmei Ashkenaz be-shilhei yemei ha-beinayim (Jerusalem, 1984), pp. 190-191, especially n. 5; JeffreyWoolf, "TheAuthorityof Customin the Responsaof JosephColon (Maharik),"Dine Israel 19 (1998), English sec., pp. 43-93. Note also Joseph ibn Ezra,Masa Melekh: dinei misim u-minhagim(ed. princ. Salonika, 1601), pt. 8, Ne'ilat She'arim (ed. Ya'aqov Shemu'el Spiegel, [Jerusalem, 1989], pp. 200-205). Intermediate,in some sense, between lineage and place of residence is place of birth. Moses b. Joseph di Tranirules (responsum 1: 307, quoted in Rivka Cohen, Qushta-Saloniqi-Patros,p. 16) that communal allegiance should follow one's own birthplace rather thanthat of one's parents.

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Joseph Davis Many Ottomanhalakhists, however, did not invoke the notion of ancestral custom, nor did they define the local ethnic subcommunitiesby genealogy. Rather, they developed a new halakhic theory and defined the subcommunitiesas a third type of group, neitherlocal nor genealogical. Eachwas defined as a qehilah, a corporationor college, in the medieval sense of those terms.30 The essential basis of membershipin a medievalcorporationwas simplythat the other membersof the corporationlet one join. An implicit contractexisted (as medieval civil lawyers analyzed the matter)between the new memberand the old. The old members could extend the contractto anyone.31 As rabbis like David ben Hayyim of Corfu (d. 1530) and Samuel de Medina (1506-1589) put it (and Karohimself in some of his responsa,as we have mentioned), each qehilah, each community,was considered"a city unto itself."Geographywas made fictive. The legitimacy of local differencewas extendedto permit communal difference as well. The new qehilah was not a location, and its basis in lineage was hidden; it was, rather,an independentcorporation.Jewish law has moved from local autonomyto corporateautonomy.32 Among the OttomanJewish communities there was often great fluidity in deciding who belonged to which qehilah. In Istanbulin 1549, the rule was established that "anyoneis permittedto registerand to prayin any congregationthathe chooses."33Rabbi Samuel de Medina wrote in a responsum,"Thereis no force in 30. Cf. responsum 78 of R. Elijah Mizrahi:"The name 'Ashkenazi'in this place does not signify that its bearercame from the kingdom of Germany,but ratherthat he is a member of the qehilah of the Ashkenazim who live in the city of Constantinople."Note also the debate of two Egyptianrabbis of the end of the seventeenthcentury,Joseph ben Moses Nazir and Abrahamben MordechaihaLevi. Both addressedthe question of whether Jews of Ashkenazic ancestry (or place of birth) should continueto observe Ashkenazic customs aftersettling in Egypt.Abrahamben Mordechaiansweredthat they should not, because therewas no Ashkenazic qehilah in Egypt. In a palce where thereis a qehillah, however,"each qehilah is considered a city unto itself." See Joseph ben Moses Nazir, Mateh Yosef pt. 2, Yorehde 'ah, no. 1; Abrahamben Mordechai, She 'elot u-teshuvotGinat veradim (Constantinople, 1717), Yorehde'ah 3:5. Epitomes of both responsa are given in Isaac Lampronti,Pahad Yishaq,vol. 4 (Livorno, 1839; reprinted., Jerusalem, 1969), pp. 138a-b, s.v. minhag. 31. See Wells, Law and Citizenshipin EarlyModernFrance,pp. 4-6. See also Salo Baron, The Jewish Community,vol. 2 (Philadelphia, 1945), pp. 4-23 on "citizenship"in the medieval and early modern Jewish communities. On the principle of consent, see MartinGolding, "The JuridicalBasis of CommunalAssociation in Medieval Rabbinic Legal Thought,"Jewish Social Studies 28 (1966), 6776. Cf. also Menachem Elon, "Demoqratyah, zekhuyot yesod, u-minhal taqin bi-fesiqatam shel hakhmei ha-Mizrah be-mos'ei gerush Sefarad,"Shenaton ha-mishpat ha-'Ivri 18-19 (1992-94), pp. 9-64. 32. See R. David ben Hayyim of Corfu, Responsa no.11; R. Elijah Mizrahi, Responsa #13; R. David ibn Abi Zimra(Radbaz),Responsa, pt. III, no. 472; R. Samuel de Medina, Responsa, pt. I, nos. 40 and 153. R. Joseph ibn Lev, in his Responsa, pt. II, no. 72, limits the scope of this principleconsiderably.On Karo, see above, notes 20 and 30. R. Solomon ibn Adret, at the turn of the fourteenthcentury,treats craft guilds as "cities unto themselves":Responsa, no. 185. Cf. Kenneth Stow, "Corporate Double Talk:Kehillat Kodesh and Universitas in the Roman Jewish Sixteenth CenturyEnvironment," Journal of Jewish Thoughtand Philosophy 8 (1999), pp. 283-303. 33. Cited by Cohen, Qushta-Saloniqi-Patros,p. 16. She refers also to Isaac Adarbi,She 'elot uteshuvotDivrei rivot, no. 56, who discusses a case arising from the decision of the seven Spanishand Portuguesecommunities of Salonika to assign new Jewish immigrantsto communities by lot, regardless of their precise origins and preferences.

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The Reception of the Shul~han'Arukh the world that compels any individualto come and pray in the synagogue that his ancestorsprayedin."34Consistentwith this line of thought,de Medina ruled in another responsumthat the community of Sicilian Jews in the Greek city of Patras was permittedto change its prayerritualto the Sefardic rite.35 To sum up briefly, then, three conceptions of Ashkenazic Jewry may be found among the rabbisof the OttomanEmpirein the sixteenth century.(Each one has parallelsin medieval and earlymodernRoman law.)36The first is a geographic theory,that of Karo in his responsumto Pleven:Ashkenazic Jews live in a certain place; when they leave, they are no longer Ashkenazim.The divided,multi-ethnic Jewish community,in this view, is not halakhically legitimate.The second theory is genealogical, that of Jacob Castroin his analysis of the herem of Rabeinu Gershom: the Ashkenazim are the descendents of certain Jews who once lived in Ashkenaz.The third,an innovationof the sixteenth century,is a corporatetheory: the Ashkenazim are the membersregisteredin a certain synagogue and a certain qehilah. Isserles: The Tosafists as Ancestors and Legislators We turn now to Rabbi Moses Isserles.37How did he define the Ashkenazic Jews as a group? There are two passages in Isserles' introductionto his comments on the Shulban 'Arukhin which he seems to define his audience. (The introductionis where a legal writerwill typically place any discussion of why his work is authoritative, and for whom.) In the first, Isserles constructedthe Ashkenazim as a lineage group, in the second, as a territorialgroup. Isserles wrote: 34. De Medina refused to allow a community to exclude new immigrants from membership (thatis, to apply againstthem the hezqatha-yishuv), see the responsumdiscussed by Baron in A Social and Religious History of the Jews, 2nded., vol. 18, p. 59. Thus, he left the initiative very much in the hands of the individual.The community can neither coercively exclude nor retain members. Fluidity among Jewish ethnic groupings in Italy is emphasized by Baron (Jewish Community,pp. 19-20); by Stow,"EthnicRivalryor Melting Pot";andby Westreich,"'Ilot le-hataratherem de-RabeinuGershom." 35. She 'elot u-teshuvotMaharshdam1:35. Cf. no. 36. The incident is discussed by Rivka Cohen, Qushta-Saloniqi-Patros,pp. 145-150. It is not clear whether de Medina would have accepted a decision by a communityto abandon the Sefardic rite in favor of another;he praises the special clarity and simplicity of the Sefardic rite. Note also Samuel de Medina's attemptsin one of his responsa (She'elot u-teshuvotMaharshdam,Yorehde 'ah 40) to justify the continuationof Sefardic customs by the SalonikaJews, while at the same time allowing the Jews of Sofia to abandonHungariancustoms of ritualslaughter.Cf. nn. 22, 26 above. 36. See Wells, Law and Citizenshipin Early Modern France. Wells disproves the commonly held view thatthe concept of citizenship did not exist in premoderntimes. She shows that rights to citizenship were held to be based on a numberof separateclaims: blood relation,place of birth,place of residence,and subjectiveallegiance, as demonstrated,for example, by an oath.A personmight become a citizen upon birth or througha contractwith the city. 37. On Isserles, see generally Siev, Rabeinu Mosheh Isserles and the extensive bibliography there,pp. 267-300; JonahBen Sasson, Mishnatoha-'iyunit shel ha-Rema(Jerusalem, 1984); Elhanan Reiner,"TheAshkenazi Elite at the Beginning of the ModernEra:Manuscriptvs. PrintedBook,"Polin 10 (1997), 93-98.

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Joseph Davis of [Karo's]booksarefull of decisionsthatdo not followthe interpretations thesagesfromwhosewaterswe drink,thefamousauthorities amongtheJews of Germany[bi-veneiAshkenaz]who have always been eyes for us, and upon

whichareall builton whomtheearliergenerations relied,... [interpretations] the wordsof theTosafistsandthe sagesof France,whosechildren'schildren we are.38 Why are Rashi and the Tosafists to be followed ratherthan Maimonides, quotedso extensivelyby Karo?Isserles did not arguethatthe Tosafists were greater sages than Maimonides,or thattheir interpretationsof the Talmudwere truerthan the philosopher's.He arguedsimply thattheirrulingscarriedauthorityfor theirdescendents. It is easy, at a distance of four centuries,to lose sight of the differencesbetween Karo'sand Isserles' communities. Karo spoke from a place of authority,the land of Israel.39Isserles, by contrast,was rabbiin a city and a land that had as yet made no markon Jewish scholarshipor on Jewish history,whose claim, therefore, to the excellence of its traditionsmight seem weak. Isserles compensatedby laying stress on the community'sillustrious ancestors. One medieval Jewish view of customs, basing theirpoweron rabbinicrather than on popularauthority,was that every custom must have been approvedby the great rabbisof formertimes. This theory was put forthstronglyin the late fifteenth centuryby one of the leading rabbisof Italy,R. Joseph Colon (d. 1480), a scion of French(Savoyard)Jews. The ancientcustoms of the FrenchJews, he claimed,were all based on the teachings, written or unwritten,of the Tosafists.40 In 1541, Elijah Levita had claimed that "it is well known that we Ashkenazim are the descendentsof the FrenchJews."41Isserles extendedthis claim andnar38. From the introductionto Isserles' commentary to the Shulhan 'arukh.The introduction, which is not in all editions of the Shulhan 'arukh,is published,for example, in the photo-offset reprint of the first Cracow edition (Jerusalem, 1974), and in Raphael,ed., Rabi YosefQaro,p. 96. Isserles repeats the phrasein Yorehde 'ah 39:18: "theancientsages of Franceand Germany,whose children'schildrenwe are."Isserles' remarkis echoed in the 1649 responsumof R. YomTov Lipman Heller,She 'elot u-teshuvot Ge'onei batra'ei, ed. Elijah b. Moses of Pinczow (ed. princ. Turka,1764), no. 10: "Weare the descendantsof the Jews of Franceand Germany,and we decide halakhahin accordancewith their opinions, as ... Rabbi Moses Isserles wrote." 39. Karo was regardedby rabbis of the subsequentgenerations,such as MordechaiJaffe and many others, as an "Oriental"ratherthan a SpanishJew. See the introductionto Jaffe, LevushMalkhut: "[Karo] decided the majorityof his rulings ... in accordancewith the customs of the Islamic lands, because he was their leader."Cf. Hayyim ben Besalel in VikuahMayimHayim (in Tchernowitz, Toledot ha-Posqim, vol. 2, p. 98), who characterizesKaro'srulings as minhagEres Yisra'el; see also Hayyim Benveniste (1603-1673), in the introductionto his Keneset ha-gedolah, and the quotationfrom Joshua Falk Cohen below at n. 77. 40. See Jeffrey Woolf, "The Authority of Custom in the Responsa of R. Joseph Colon (Maharik),"Dine Israel 19 (1998), English section, pp. 43-93. The principlethat descendents should follow the halakhic interpretationsof their ancestors is also discussed by Zimmels, Ashkenazimand Sephardim,pp. 281-282. Cf. nn. 26, 29 above. 41. Sefer ha-Tishbi,s.v. qeruvas (sic), quoted by Max Weinrich,Geshikhtefun der yidishe shprakh (New York, 1973), vol. 1, p. 349 (trans. Shlomo Noble and JoshuaFishman,History of the Yiddish Language [Chicago, 1980], p. 342). Cf. the remarkby the early seventeenth-centurygrammarian

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The Reception of the Shullhan 'Arukh rowedit. He extendedit to the AshkenazicJews of Polandand elsewhere,who were descendentsof the GermanJews;but he narrowedit at its root, for he did not claim lineage merely from the French Jews, but from "the Tosafists and the sages of France."42Isserles did not merely claim (echoing Colon) thathis ancestralcustoms were Tosafistic; he claimed that the Tosafists themselves were his ancestors. Isserles, as it happens, was descended on his mother's side from the Luria family, which tracedits ancestryto Rashi himself.43 But Isserles was not making a personalgenealogical boast. He was adaptinghis own genealogy into a foundation mythfor all of his readers,for all ofAshkenazic Jewry.In this myth, as in Isaac Luria's,Ashkenazic Jews were conceived of as a lineage group.44 In the introductionto one of his law books, Sir EdwardCoke, the great seventeenth-centurydefenderof the English common law, cited the medieval legend that Britainhad first been settled by Brutus, a refugee from ancientTroy.Sir Edwardfound in the ancientancestryof the British a groundingfor his belief in their "ancientrights,"inalienablerights given prior to the decrees of any British monarch. In just that way did Isserles present "the Tosafists and the sages of France" as both ancestorsand legislators.45 Isserles' majoropponentin the Polish rabbinatewas his cousin, R. Solomon Luria.46Like Isserles, Luriatracedhis genealogy back to Rashi. Like Isserles, aland liturgistShabbetaiSofer:"TheGermanJews are the FrenchJews"(!), quotedby Stefan Reif, Shabbethai Sofer and His Prayer Book (Cambridge,1979), p. 80, n. 86. 42. One may contrastother medieval theories of the origins of the GermanJews, and particularly the theory of Maharil that the German Jewish settlements were ancient, and predated the destruction of the Temple. See Abraham Grossman, Hakhmei Ashkenaz ha-rishonim 'ad ... tatnu [= 1096] (Jerusalem, 1981), pp. 2-5. Similarly,R. Asher ben Yehiel's claim (quoted by Maharilin his Responsa, no.100 [ed. Satz, p. 172], and then by R. Hayyim ben Besalel [in Tchernowitz(above n.1), p. 98]) that "the traditionsof the GermanJews are to be preferred... because the Torahis an inheritance for them from their ancestors,"does not seem to trace that traditionthroughthe FrenchJews. 43. See Siev, Isserles, pp. 8-10. The genealogical traditionof the Luriafamily was first recorded in the early sixteenth century;it reachedback as a continuous genealogical recordto the fourteenth century.Fromthere to Rashi, it merely assertedthe existence of a genealogical link. See IsraelYuval, Hakhamimbe-doram: manhigut ha-ruhanit shel YehudeiGermanyah be-shilhei yemei ha-beinayim (Jerusalem, 1989), pp. 249-252. 44. Cf. Isserles' role in the creationof the story of the translatiostudii from Germanyto Poland (the story of R. Jacob Pollak), discussed by ElhananReiner in "Temurotbi-shivot Polin ve-Ashkenaz ba-me'ot ha-16-ha-17 veha-vikuah 'al ha-pilpul,"in Israel Bartal et al., eds., Ke-minhagAshkenaz u-Folin:seferyovel le-Chone Shmeruk:qoves mehqarimbe-tarbutYehudit(Jerusalem, 1993), pp. 4753. As Reinerpoints out there, Polish Jewry did not have a well-developed foundationmyth in the early modem period (and note the literatureon medieval Jewish foundationmyths cited on p. 49, n. 62.) On the later legends of the origins of Polish Jews, see Haya Bar-Itzhak,Polin-agadot reshit: etnopo 'etiqah ve-qorot agadim (Tel Aviv, 1996), and now in English, Jewish Poland-Legendsof Origin: Ethnopoeticsand LegendaryChronicles(Detroit:Wayne State University Press, 2001). 45. On Coke's controversialreferenceto the legend of Brutusthe Trojan,founderof Britain,see Glenn Burgess, The Politics of theAncient Constitution:An Introductionto English Political Thought 1603-1642 (University Park, PA, 1993), pp. 73-78. Cf. the attributionof the Salic Law to the legendaryTrojanfounders of France,discussed by Colette Beaune, The Birth of an Ideology: Myths and SymbolsofNation in Late-MedievalFrance, trans.Susan Ross Huston, ed. FredricL. Cheyette(Berkeley, 1991), pp. 242-243. See also the referencesthere on the general topic of legitimationby descent. 46. On Luria,see SimahAssaf, "Mashehule-toledot Maharshal,"in Louis GinzbergJubilee Vol-

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Joseph Davis beit less explicitly, Luria also implied that the Polish Jews were descendents of FrenchJews. (He did not make them all, as Isserles did, descendentsof greatrabbis.) However,Luriaopposed the notion that genealogy could be made into a basis for Jewishjurisprudence.Luriawrote in the introductionto his Yamshel Shelomoh: "Inthis view, each one could choose his own, the Spanish [Jew] choosing Spanishauthoritiesand the French [Jew] choosing Frenchauthorities,each one in its own language, believing that the Torahis inheritedby families. But this is not the way and this is not the city."47 The mainstreamof talmudic interpretation,as Luria presented it, passed throughthe TosafistsratherthanMaimonides.Luriastressed,however,thatthe true heirs of the Tosafists and the true intermediariesbetween himself and his Tosafist ancestors were not the intervening generations of parents and children, but the SpanishTalmudcommentators,beginning with Nahmanides,who had imbibedthe teachings of the Tosafists. Isserles presented the differences between Karo and himself as the difference between universalism and particularism.48Karo'scode announced the law ideally for all Jews and ultimately for all humankind;Isserles was more modest, stating the law only for a particulargroup. Solomon Luria agreed with Isserles in preferringthe views of the Tosafists to those of Maimonides. He agreed with Karo, however,that in principle Jewish law ought to be universalto all Jews, and that interpretationsof Jewish law are not inherited by children from their parents.49 Isserles and the GeographyofAshkenaz In another passage in the introductionto his commentaryto the Shulban 'Arukh,Isserles offered anotherdefinition of his limited audience, a geographical definition. ... leftafWhereasthegreatauthorof theBeitYosefandtheShulhan'Arukh terhimselfno roomfor anyaddition,exceptto gatherthewordsof the most recentrabbisandto set downthe minhagimthatarecustomaryin theselands eilu],thereforeI havecomeafterhimto spreada tableclothonthe [bi-medinot LadenTable[shulhan'arukh]thathe wrote,uponwhichwill be everyripe fruitand everydelicacythatis belovedof men. Forwithoutthis, the table ume (New York, 1945), Hebrewsection, pp. 45-63, andcf. the literaturecited by JacobElbaum,Petihut ve-histagrut:ha-yesirah ha-ruhanit-ha-sifrutitbe-Folin uve-arasotAshkenazbe-shilhei ha-me'ah ha16 (Jerusalem, 1990), p. 19, n. 20. See also Meir Rafeld'sPh.D.dissertation(Bar IlanUniversity,1991), "Ha-Maharshalveha-Yamshel Shelomoh." 47. Fromthe introductionto Solomon Luria, Yamshel Shelomoh,Bava Qama. Solomon Luria's opposition to Isserles' myth of the migration of Torahstudy from Germanyto Poland is discussed by Reiner, "Temurot"(above n. 44), pp. 53-56. 48. Cf. Bellomo, CommonLegal Past of Europe, p. 78, on presentationsof Germanvs. Italian law as a contrastof the particularand the universal. 49. Universalism is not, of course, identical to tolerance. Unlike Karo, who tried to ingratiate himself to Ashkenazic Jewishreadersamong others(see Ta-Shma,aboven. 1), Solomon Luriaattacked SpanishJudaismin the introductionto Yamshel Shelomoh. See below n. 94.

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The Reception of the Shulhan 'Arukh whichhe laidbeforethe LORDis not yet readyfor the men of theselands [benei adam asher bi-medinoteilu], for in the majorityof the customs of these

lands[minhageimedinoteilu],we do notfollowhis opinions.50 Isserles was thus writingfor "themen" (clearly he meantthe Jews) "of these lands."But which lands precisely are "these lands"? Isserles'vaguenesshere is striking.One may contrasthis commentaryto one of its majorsources, the Turimof Rabbi Jacob ben Asher. At the beginning of the fourteenthcentury,Jacob ben Asher had moved with his father (RabbiAsher ben Yehiel) from Germanyto Spain. In his law code, the Turim,he contrastedthe customs of the Jews of Spain to those of Germany(Ashkenaz)in more than one hundred differentpassages.51(The Turimwas perhapsthe first work in which the opposition of SefaradandAshkenazwas made into a fundamentaldualism of Jewish life.) In contrast, Isserles' work is singularly devoid of place-names. The name Ashkenazin particularappearsonly ten times.52The erasureof place-names is one of Isserles' most characteristiceditorialprocedures. Whereexactly are Isserles' "lands,"medinoteilu? Not surprisingly,the matter was disputedafter Isserles' death. The debate centered on the question of whether "these lands" included the land of Germany.Werethe Jews of Poland and Germanymembers of one polity, with sharedcustoms and a shared interpretationof Jewish law, or did they form two separategroups?53 The first readersto address this question were Isserles' Cracow publisher, Isaac of Prossnitz, and his proofreaderand editor, Samuel ben Isaac the Martyr Boehme (Pihem). The title pages of the various Cracow editions of the Shulhan 'Arukh (1570, 1577, 1583, and so on) read: "Shulhan 'Arukh ... written by ...

R. Joseph Karo, with many comments ... by ... Moses Isserles ... and a guide 50. From the introductionto Isserles' commentaryto the Shulhan 'arukh.Cf. Isserles' introductionto Toratha-Hatat,"If a man were to decide the law following [Karo's]opinions set down in his Shulhan 'arukh,especially in mattersof ritualprohibitions [isur ve-heter], he would contradictall of the customs that are followed in these lands [ba-medinotha-eilu]." Similarly,in Isserles' introduction to DarkheiMosheh, his commentaryto the Turim,among the objections that Isserles made to Karo's decisions was that "[Karo]contradictsall of the customs that are observed in these lands (be-eilu hamedinot)."Cf. also DarkheiMosheh on Yorehde'ah 35:7. 51. See, for example, Tur,Orah hayim, para. 47, 48, 49, 51, 59, 60, 114, 129, 131, 147, etc. Sometimes R. Jacob contrastedSpain to "Franceand Germany,"Sarefat ve-Ashkenaz.Cf. Israel TaShma, "RabeinuAsher u-veno R. Ya'aqovba'al ha-turim:bein Ashkenaz li-Sefarad,"Pe 'amim46-47 (1991), pp. 75-91. 52. Orah hayim 10, 28, 60, 114, 474, 547, 552, 581; Yorehde'ah 1, 58. He refers to "the custom of the RhinelandJews" in Yorehde'ah 64. Contrasthis much more frequentreferences to "these lands,"listed below n. 60. 53. The satiricalYiddish poem "Di beshraybungfun Ashkenaz un Polak,"(publishedby Max Weinreich,"TzvayYiddishe shpotlideroyfYidn," Yivofilologishe shriftn 3 [1929], pp. 537-554) gives evidence of the formationof antagonisticstereotypesof the two groupsby about 1675, stereotypesthat can also be seen in Glikl'sdiary a few decades later.Cf. Chone Shmeruk,SifrutYidish:peraqim le-toledoteha (TelAviv, 1978), p. 72, n. 1. On relationsof Polish and GermanJews in the nineteenthand twentieth centuries,see StevenAschheim, Brothersand Strangers:TheEast EuropeanJew in Germanand GermanJewish Consciousness 1800-1923 (Madison, 1982).

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Joseph Davis to the customs of Poland, Russia, Lithuania, Bohemia, Moravia, and Germany [emphasis added]."54 This list of the lands whose customs were codified by Isserles was then repeated by Samuel ben Isaac in his editorial introduction.The later parts of Isserles' comments to the Shulhan 'Arukhwere published posthumously,and Samuel ben Isaac, lately arrivedfromVenice, saw them frommanuscriptinto print.He was a grandson of the famous Yiddish poet and Bible scholar Elijah Levita (Eliyahu Bokher).55 Not long after,however,there was a proteston the partof one of the leading rabbis of Germany,R. Hayyim ben Bezalel (ca. 1520-1588), the brotherof the better-knownRabbi JudahLoewe (Maharal)of Prague.56In the same way that Isserles had rejected Karo'spretensionsto legal authorityover Ashkenazic Jews, R. rejectedthe notion that Isserles could decide law for GermanJews. R. .Hayyim Hayyim composed a set of objections to an auxiliary work of Isserles, called Toratha-Hatat. Thereis a greatneedto assertthedifferencesbetweenthecustomsof theJews of Germany[beneiAshkenaz]andthoseof the landof Poland.... Rabbi[Is[to Toratha-Hatat]didnotmentionthecusserles]himselfin his introduction of tomsof Germanyat all, butonly thoseof his own land.The introduction the proofreader, however,mentionedexplicitly"Poland,the Ukraine,BoAnd he extendedthe bordersevenfarther,andwrote, hemia,andMoravia." "and perhaps every place where German [leshon Ashkenaz] is spoken by

whetherthebookappliesto Jews."Onemaysee thathe expresseduncertainty GermanJews[beneiAshkenaz]or not. So the printeraddedthaton his own andmentionedGermanyas well on the titlepage,so thathe wouldincrease his salesin all of thoselands,becausebuyersalwayslookat thebeginningof thebook.57 Rabbi HIayyimframed his debate as being merely with Isserles' publisher and his editor.(Reading carefully,he noted as well that even Samuel ben Isaac, in his introductionto Toratha-Hatat, had expressed hesitation concerning Isserles' relation to the customs of Germany.)R. Hayyim believed the extension of Isserles' authorityinto Germanyto be merely, as we would say today,publisher'shype. He believed that Isserles had only intendedto write a law book for Polish Jews. 54. See Naftali Ben Menahem, "Ha-defusimha-rishonimshel ha-shulhan'arukh,"in Raphael, ed., Rabi YosefQaro (above n. 1), p. 114. Cf. Samuel ben Isaac'snote at the end of Yorehde'ah (Cracow, 1578), p. 114a. 55. Bernhard(Hayyim) Friedberg, Toledotha-defus ha-'Ivri be-Folanyah (rev. ed., Tel Aviv, 1950), pp. 5-6; Naftali Ben Menahem in Raphael, ed., Rabi YosefQaro (above n. 1), p. 104. 56. On R. Hayyim, see Byron L. Sherwin, "In the Shadows of Greatness:Rabbi Hayyim ben Besalel of Friedberg,"Jewish Social Studies 37 (1975: 35-61; Eric (Yizhaq) Zimmer, R. Hayim b. Besalel mi-Friedberg:ahi Maharal mi-Prag (Jerusalem, 1987); Zimmer, Gahalatan shel hakhamim (above n. 1), pp. 177-219. On R. Hayyim's opposition to Isserles, see pp. 210-216. See also Reiner, "AshkenaziElite,"pp. 85-90. 57. Hayyim ben Besalel, Introductionto Vikuahmayimhayim, printedin Tchernowitz(above n. 1), p. 98.

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The Reception of the Shulhan 'Arukh The title page that so incensed R. HIayyimfirst appearedin the first volume of the Shulhan 'Arukhwith Isserles' notes, which was published during Isserles' lifetime. This in itself suggests that Isserles approvedof it; so does the unanimous agreementof Isserles' students(as will be discussed below) with the printer'sexpansive view. It is possible, however,to argueon behalf of R. Hayyim'snarrowerreadingof Isserles'intent.58Hebrewprinterswere indeedcapableof expandinga law code's announcedauthority.This is clear fromthe case of R. Isaac of Tyrnau'sSefer ha-Minhagim,writtenabout 1410. R. Isaacwrote at its head thathe would include the customs of "Austria,Hungary,Styria,andMoravia."The fourregionsthathe listed form a compactarea centeringroughlyon Vienna.The work was laterpublishedin 1566 in Venice. The title page of the publishedvolume, however,included a new list of places whose customs were said to be collected in the book. The work had now become "TheBook of the Customsof Poland,Bohemia, and Germany."59 A second and more decisive argumentmay be brought from Isserles' own writings. "These lands"is a phrasethat Isserles was fond of, and he used it several times in his Responsa.60In one place, he contrasted"these lands"to Italy: oil broughtfrom Italy to "these lands"cannot be used. In anotherplace, he contrasted "these lands"to Moravia:attitudesof Jews in the two places differ in regardto drinkingwine made (or touched) by non-Jews. In a thirdresponsum,importantly for us, Isserles contrasted"these lands"to Germany."Inthese lands, the hatredof the Gentiles is not as strong againstus as it is in the lands of Germany."61 The evidence of the usage in Isserles' responsa, that is, favors R. Hayyim's interpretation.Isserles used "these lands"to mean the lands of Poland.The "customs of these lands"that Isserles codified in his notes to the Shulhan 'Arukhwere the customs of the Polish Jews. The GeographyofAshkenaz: TheFormationof GermanJewish Identity Ashkenaz is a biblical name that was appropriatedin the Middle Ages for Germany.62An "Ashkenazic"Jew was therefore, in the first instance, a Jew who lived in Ashkenaz, in Germany.Beginning in the sixteenth century,however, the term came to have a wider semanticconnotationthat included,as we have seen, all 58. ProfessorTwerskyargues("TheShulhanarukh,"p. 151) thatIsserles' and Karo'sintentions were not decisive in the lateruse of their book (and need not be decisive, for that matter,in our interpretationof it). This is, of course, far from arguingthat Isserles had no specific intention in mind. 59. Sefer ha-minhagimle-RabeinuAyziq Tirna,ed. Shelomoh Spitzer (Jerusalem, 1979), p. 3 of the text, and p. 11, n. 9 of Spitzer'sintroduction. 60. The phrase "these lands,"(medinot eilu, or eilu ha-medinot, or in some places gelilot eilu or arasot eilu) appears frequentlyin the text of Isserles' glosses to the Shulhan 'arukh:Orah hayim, par.28, 31, 128, 291, 366,447, 608, 646, 892, 894, Yorehde 'ahpar.39, 55, 68, 115, 196, 316, 322,'Even ha-'ezer par. 1, Hoshen mishpatpar.207. 61. See She 'elot u-teshuvotha-Rema,ed. Asher Siev (Jerusalem, 1971), nos. 53 (contrastwith 95 Italy), (with Germany), 124 (with Moravia);ed. Asher Siev, pp. 263, 417, 484. 62. See Grossman,HakhmeiAshkenazha-rishonim,p. 1, n. 1. On the origins of the term "Germany"itself as a designation for the medieval kingdom, see Karl FerdinandWerner,"Les nations et la sentimentnationaledans l'Europe m6di6vale,"Revue Historique 244 (1970), 285-304.

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Joseph Davis Jews living in "Ashkenazic"communities, whetherin Germany,EasternEurope, or elsewhere.63 The process of group formation among Ashkenazic Jews may also be seen differently,however,not as a simple process of expansion,but as a dualprocess in which both GermanJews and Centraland Eastern EuropeanJews came simultaneously to be self-conscious groups.The Jews who lived in medieval Germany,in "Ashkenaz,"did not see themselves consistently in that light. Their strongeridentifications were frequentlyregional or local.64 For instance, the great fifteenthcentury rabbi Jacob Moellin, called Maharil, debated with his contemporaries whether such regions as Thiiringia and the Rhinelandwere separate"lands"or whether all of Germanyshould be considered one "land."65 The localism of the GermanJews of the late Middle Ages found strong expression in the realm of minhag, religious custom, the topic thatwould, of course, be so importantto Isserles. In the extensive literatureof customs producedby rabbis of CentralEurope in the fifteenth century,the notion of minhagAshkenaz,of the custom of Germanor Ashkenazic Jews, appearsrarely.66Rather,CentralEu63. Max Weinreichhas designated these meanings as Ashkenaz I and Ashkenaz II, respectively. See Weinreich,Geshikhte(above n. 41), vol. 1, p. 5; cf. vol. 1, p. 323; vol. 3, p. 5, n. 2. Weinreich's earliest citation for the term "Ashkenaz"used in its broadersense (Ashkenaz II) is from R. Anshel, Mirkevetha-mishneh(Cracow, 1534). The name "Ashkenaz"did not lose its earliernarrowerconnotation, so there is an ambiguity that can be seen, for instance, in a quotationfrom R. Benjamin Slonik that we will cite later.On similar ambiguities in the meaningsof "Germany"and "German"in the sixteenth century,see Istvin Bejczy, "ErasmusBecomes a Netherlander,"TheSixteenthCenturyJournal 28 (1997), pp. 387-400. 64. On the general problemof regional and nationalconsciousness in Germany,see Babel and Moeglin, eds. (above n. 3); RiidigerSchnell, "Deutsche Literaturund Deutsches Nationsbewuf3tseinin Spiitmittelalterund FriihenNeuzeit,"in JoachimEhlers,ed., AnsdtzeundDiskontinuitdtDeutscherNationsbildungim Mittelalter (Sigmaringen, 1989), pp. 247-319. The upsurgeof Germannational consciousness at the turnof the sixteenth century,inspiredpartlyby Germanhumanistssuch as Ulrich von Hutten, is well known. Modern historiographyhas exaggeratedthe degree to which consciousness of national identity in Europe has tended to increase monotonically since early in the Middle Ages, and to denigrateother competing conceptions of group identity that have existed since that time. Michael Stolleis arguesthat nationalconsciousness and imperialpatriotismin Germanywent throughwaves of increased and decreased intensity in the early modern period. See his "Public Law and Patriotismin the Holy Roman Empire,"in Max Reinhart,ed., Infinite Boundaries: Order,Disorder,and Reorderin Early Modern German Culture(Kirksville, MO, 1998), pp. 11-33. 65. She'elot u-teshuvot Maharil ha-hadashot, ed. Yitzchok Satz (Jerusalem, 1977), no.187 (p. 291). The context is divorce law. Note also 38:6 (p. 44), in which MaharilcontrastedFrenchand German speech, while noting also the existence of differentdialects of Germanin differentregions. Eric Zimmer (Harmonyand Discord: An Analysis of the Decline of Jewish Self-Governmentin 15th CenturyCentralEurope [New York, 1970], pp. 128-142) emphasizesthe merely regionalscope of intercommunalcooperationamong GermanJews in the fifteenth century,andthe repeatedfailuresof imperial attemptsto achieve recognition for a chief rabbi of Germany.See also Dovid Katz, "East and West, Khes and Shin, and the Origin of Yiddish,"in Israel Bartal et al., eds., Ke-minhagAshkenazuFolin, English section, pp. 15-19. 66. A significant exception is the custom, describedin Sefer Maharil (ed. Satz, p. 159) as observed throughoutGermany,of an annualrecitationof the names of all the communitiesthat suffered massacresin 1096. "German"identitywas tied partlyto the memoryof the massacres.Cf. AdamTeller's article (above n. 2).

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The Reception of the Shulihan 'Arukh ropean rabbisof the period tended to conceive of custom on the basis of cities or regions. Of particularimportancewere the customs of "Austria"and "the Rhineland."67In Leqet of Miinster'scollection of customs, there are (if Yosher,Joseph we may rely on Freimann'sindex) twenty-threereferencesto the Rhineland,sixtyfour to Austria, and none at all to Germany.68 Zalman of Sankt-Goar,to consider anotherexample, included in his Sefer Maharil a cautionarytale of Maharil'strip to Regensburg.In leading the prayers on the High Holidays, Maharilfailed to observe all of the customs of the RegensburgJews. When his daughterdied on Yom Kippur,Maharilinterpretedhis loss as a punishmentfor that sin. The stress was on the diversity of customs among the Jews of differentGermancities; any attemptto establish a normative"Ashkenazic" set of customs was rejected.69 The localism of German Jews did not, of course, ever disappear.In the sixteenth century, rabbis were still being sworn to preserve the local customs; in the seventeenth century, collections of local minhagim were still being produced.70 Nevertheless, the generalcouncils of GermanJewry in the second half of the sixteenthcenturygave evidence of the new, clearersense of forming a single community."Thekings have gathered,"wrote the Frankfurtcouncil of 1603, "theheads of the people and the communities... at the orderof our mastersthe sages of Germany,to study and to solve the needs of the community." 67. See recently Eric (Yishaq) Zimmer, 'Olamke-minhagonoheg: peraqim be-toledot ha-minhagim, hilkhoteihem,ve-gilguleihem (Jerusalem, 1996), pp. 217-295; Shelomoh Spitzer, "Minhag benei Ostraykh:meqoro ve-hitpathutobe-meshekh yemei ha-beinayim,"Sinai 87 (1980), 55-64. Cf BenjaminHamburger,introductionto Juspa Shammes, Minhagimdi-qehila qadish Varmaisa(Jerusalem, 1988), vol. 1, pp. 69-105. Zimmer(p. 217) and Spitzerboth make assurancesthat the customs of "Austria"and "the Rhineland"agreed more than they disagreed. Note, however,that our question is not how modern ethnographysees medieval German Jews and their diverse but related customs, but how they saw the matterthemselves. Notoriously,groups that seem very similar to outsiders may regardthemselves as entirelydifferent.R. Shalom of Neustadt, a rabbiin Austria,regardedRhenish minhagimas customarythroughoutGermany:"Themain partof the kingdom of Germanyis the Rhineland, and the other lands follow it." See Halakhot u-minhageiRabeinuShalom mi-Neustadt(Derashot Maharash), ed. Shelomoh Spitzer (Jerusalem, 1977), p. 41. On the earlier Middle Ages, see Israel TaShma, MinhagAshkenazha-qadmon:heqer ve- 'Iyun(Jerusalem, 1992). 68. See the index to Joseph ben Moses of Miinster,Leqet yosher, ed. Jacob Freimann(Berlin, 1903-1904). There are similarly very few references to "Ashkenaz"in Sefer minhagim le-Rabeinu AvrahamKlausner,ed. Yosef Dissen (Jerusalem, 1978). Even in Sefer Maharil (relying on the index in the Spitzeredition [below,n. 69]), there are twice as many referencesto Austria,and nearly four times as many to the Rhineland,as there are to Germany. 69. Sefer Maharil, ed. Shelomoh Spitzer (Jerusalem, 1989), Hilkhot YomKippur, no. 11 (p. 339). Cf. p. 261 (Hilkhotyamim nora'im, #7); She'elot u-teshuvotMaharil, no. 76 (ed. Yitzchok Satz [Jerusalem, 1980], p. 124. Cf. Denari,HakhmeiAshkenaz(above n. 29), pp. 284-285. 70. See the 1575 contractof the rabbiof Friedberg,in A. Kober,"Documentsselected from the Pinkasof Friedberg... " PAAJR 17 (1947), pp. 45-46. The outstandingseventeenthcenturycollection of local customs was Juspa Schammes, Minhagim de-qehila qadisha Varmaisa.The conflicting tendencies of localism and centralizationin GermanJewry of the sixteenth and seventeenthcenturies are discussed by Zimmer, Gahalatanshel hakhamim(above n. 1), passim.

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Joseph Davis The same sense of a GermanJewish community(in the original texts kelal or Gemein)with common needs and distinctbordersis expressedin the resolutions takenby the council, particularlythe declarationsthatinvalidatedwithin Germany any rabbinicalordinationgiven outside of Germanyand any writ of herem from outside of Germany.7'R. Hayyim's defense of the boundariesof GermanJewish customs againstthe pressuresof Polish Jewish customsreflectedthis sense of Germanness.72 The late medieval distinction of "Austria"and "Rhineland"remained,however,the geographicalframeworkofferedby anotherrabbiof the late sixteenthcentury,in trying to define the scope of Isserles' authority.According to Rabbi Isaac Mizeya, a rabbiin southernGermany(andpossibly a studentof Hayyimben Bezalel), Isserles had not meant to codify the customs of Germany,nor had he meant, on the other hand,to restricthimself merely to Poland.Mizeya wrote in a responsum, "Isserles'place is in the land of Austria [Meqomoshel moreinuha-rayRema haynu medinat Ostraykh]."73 There is no reason to imagine that Rabbi Mizeya was confused as to Isserles' place of residence, or that he foresaw Cracow'syears as part of the Austrian Empire. Rather,Isserles' "place is Austria"in the sense that Isserles codified "the customs of Austria,"customs set down by such authoritiesas R. Isaac Tyrnauand R. Israel Isserlein. For the purposes of Jewish law, do the bordersof Jewish groups follow the political bordersof Europeankingdoms? Implicitly,Ijayyim ben Besalel suggested that they do. Isserles may have taken thatposition himself, as we have seen; by "these lands,"he may well have meant the lands of the Polish crown.Mizeya, however, expressed Isserles' place not by the political geographyof nations,but by the peculiar geography of Jewish religious custom. Isserles' students, as well as his publisherand editor, likewise took the position that the Ashkenazic Jews, though they have might lived in various kingdoms, nonetheless comprisedone group living underone law.

71. "Hus li-MedinatAshkenaz,""ausserhalb Teutschlands"or in another version, "aus dem RdmischenReich."The text is in Eric Zimmer,Jewish Synods in Germanyduring the Late MiddleAges (1286-1603) (New York, 1978), pp. 148-149, nos. 5 and 13. Cf. Zimmer,"RabaneiGermanyahbame'ah ha-16 ve-ziqatam la-rabanimbi-tefusot 'aherot,"in Ninth WCJS (1986) Division B. vol. I, Hebrew section, pp. 127-134. Much of the credit for the new sense of GermanJewish communitygoes to the Habsburgemperors,notably CharlesV, and to the men whom they appointedto be leadersof all GermanJewry,notably Josel of Rosheim. See Zimmer, Gahalatanshel hakhamim,p. 263. 72. Note that R. Hayyim, unlike Maharil,can conceive of a codification of the customs of the "German"Jews. See VikuahmayimhayiminTchernowitz(aboven. 1), p. 94. Similarly,R. Isaac Mizeya stressed "German"customs in the last decades of the sixteenth century; so did Hayyim Ulma about 1630: see Zimmer, Gahalatanshel hakhamim,pp. 91-94, 228-236. 73. She'elot u-teshuvot Yefehnof ed. Avigdor Berger (Jerusalem, 1985), Yorehde'ah 155 (p. 147), discussed in the introductionby Eric Zimmer, p. 18. But note that in anotherresponsum (p. 236; discussed by Zimmer,p. 17), in which Mizeya discusses explicitly the authorityof the Shulhan arukh and limits its authorityconsiderably,he does describe Isserles as having "gatheredall the customs of our lands [ha-medinotve-arasot shelanu] as may be found in his [i.e., Isserles'] introduction." On Mizeya, see Zimmer, Gahalatanshel hakhamim,pp. 84-105, 257.

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The Reception of the Shulhan 'Arukh Joshua Falk Cohen:AshkenazicJews as a Linguistic Community The expansiveinterpretationof Isserles' phrase"these lands,"foreshadowed by the Venice publisher of Sefer ha-Minhagim and disputed by R. Hayyim ben Bealel, was promotednot only by Isserles' publishers,but by his students.Indeed, all of the earliestpublished affirmationsof Isserles' authoritycame from his students. Fourof Isserles' students,RabbiAbrahamHorowitz, Rabbi Benjamin SloRabbi MordechaiJaffe, and Rabbi Joshua Falk Cohen, regardedthe minhagnik, im collected by Isserles to be those not only of the lands of the Polish-Lithuanian Commonwealth,but of the lands of the German Empire. In this way, in spite of their hesitancy about accepting the authorityof the Shulhan 'Arukh,even with Isserles' corrections (Jaffe, for instance, wrote a competing code, the Levushim), their remarkstended to aid its spreadthroughoutthe world of Yiddish-speaking Jewry. Of the four, Rabbi Joshua Falk Cohen offered the longest analysis of the origins of the Sefardi-Ashkenazisplit; he associated it with linguistic differences. Rabbi MordechaiJaffe (ca. 1530-1612), in the introductionto his Levush Malkhut,a work that in some ways competed against, and in other respects imitated,the Shulhan 'Arukhwith Isserles'comments, echoed Isserles' words from his introductionto the Shulhan 'Arukh.Jaffe clarified, however,the vague referenceto "these lands,"accepting the interpretationof the publisher:"[Karo]decided most laws in accordancewith the views of Maimonides, because that is the custom in the lands of Ishmael, and he ... was their leader.. . . But that is not the custom ... in these lands [eilu ha-arasot]: Germany,Bohemia, Moravia, Poland,Russia, and the surroundingareas."74 RabbiAbrahamHorowitz (ca. 1530-ca. 1610) wrote in a special appendix to his 'EmeqBerakhah (Cracow, 1597): "We the Ashkenazim [benei ha-Ashkenazim] follow my teacherand master ... R. Moses Isserles, for this man Moses is the most recentauthority. .. andagrees with the truthand with the custom of these lands [medinotha-eilu]."75ForHorowitz,"theselands"are apparentlyall the lands in which Ashkenazic Jews live, including, presumably,Germany.Likewise, R. Benjamin Slonik (ca. 1550-ca. 1620) wrote in a responsum, around 1604, "[Isserles'] words have been accepted in all the lands of Germany [be-khol medinot Ashkenaz]."76

Finally,Rabbi JoshuaFalk(ca. 1550-1614) wrote in the introductionto his commentaryto the Shulhan 'Arukh,called Sefer Me 'irat 'Einayim: 74. From the introductionto Jaffe, Levush malkhut.Jaffe copies Isserles' phrase medinot haeilu in his own halakhic work: see, for example, the passages quoted by Zimmer, 'Olam ke-Minhago Noheg (above n. 67), pp. 140, 202. Anotherstudentof Isserles, the historianDavid Gans, also used the same phrase with the larger sense of the Ashkenazic lands. See his Semah David, pt. 1, for the year 1530 (ed. MordechaiBreuer[Jerusalem, 1983], p. 138); the passage is discussed in Reiner,"Temurot" (above n. 44), p. 48. 75. Fromthe concluding appendixof 'Emeqberakhah,p. 116b, quoted in Siev,Isserles (above n. 1), p. 77. 76. She'elot u-teshuvotMas'at Binyamin (Vilna, 1894; ed. princ. Cracow, 1632), no. 27, end, quotedin Siev,Isserles, p. 82. Forthe date, see Nisson Shulman,Authorityand Community:Polish Jewry in the SixteenthCentury(New York,1985), p. 192.

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Joseph Davis AlfasiandMaimonides andthosewhofollowthemwerenotmenof Germany andFrance,andtheydisagreedwiththe sagesof GermanyandFrance,such of theTalmud.. . . Differences as RashiandtheTosafists,in theinterpretation of languagewerealso responsiblefor this, becausetheirlanguagein which theymadelegaldecisionswasArabic,whichis notlikethelanguagesof Gerof RashiandtheTosafistswere manyandFrance.... Andthecommentaries followedby all thegreatrabbisof GermanyandFrancewhocameafterthem, fromwhosewaterswe drink..... AndR. JosephKaro... livedin thelandsof Islam.... Butthosewho live in theselands,Germany, Poland,andUkraine, followthe sagesandleadersof GermanyandFrance.... Thereforewe need theworkof [Isserles],whogathered, collected,andcodifiedall of thecustoms of Ashkenaz.77 Whatunitedthe Jews of PolandandGermany?Wasit the observanceof identical ritualsand customs?That was Jaffe's implicit claim. Like Isserles, like Jacob ben Asher before him, Jaffe contrastedthe customs of the Polish and GermanJews to those of the Spanish Jews. As we have seen, Hayyim ben Besalel had disputed the claim. Was it the reliance of Jews in both kingdoms on the interpretationsof Rashi and the Tosafists? So Joshua Falk suggested, but this immediately raised the question of why Rashi and the Tosafists were authoritativefor Ashkenazic Jews, authoritativein a way that they were not for other Jews. We have seen Isserles' answer to this question: "we are their children's children."Interestingly,Joshua Falk Cohen did not accept Isserles' reliance on lineage. Perhaps,having studied under Solomon Luria as well as Isserles, he had been dissuaded by Luria'sargument. Groping for an alternativeanswer,R. Joshua, like Samuel ben Isaac, Isserles' editor, suggested language. Jewish traditions,he suggested, are transmitted within language groups. In at least two respects, this is not at all satisfactory.In the seventeenthcentury, there was no halakhic theory that would explain why Jews who speak the same language should be subjectto the same laws. Furthermore,Falkhad to gloss over the major differences between the Frenchspoken by Rashi and the Tosafists and the German or Yiddish of later Ashkenazic Jews, and between Arabic and Spanish. In anotherrespect, however,the suggestion was an insightful one. It is significant that in the multi-ethnic communities of the Mediterranean,Germanand Polish Jews almost never formed separatesynagogues or separateqehilot.78Their 77. Introductionto Sefer me 'irat 'einayim,publishedin many editions of Shulhan 'arukh,Hoshen mishpat. 78. An exception that proves the rule was in Amsterdam,where the Polish Jews split awayfrom the GermanJews in 1660. The two groups composed theirdifferencesandjoined togetheragain as one community in 1673. On the incident, see Bodian, Hebrews of the Portuguese Nation (above n. 2), pp. 125-131; Yosef Kaplan,"The PortugueseCommunityin the SeventeenthCenturyAmsterdamand the Ashkenazi World,"Dutch Jewish History 2 (1989), p. 42; Moshe Rosman, "Samkhutshel Va'ad 'Arba 'Ara sot mi-hus le-Folin,"Bar Ilan 24-25 (1989), 19-20; D. M. Sluys, "YehudeiAshkenaz be-

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The Reception of the Shulhan 'Arukh common bond was based, no doubt, partly on the close similarity of their prayer rites (in spite of the differencesregardedas so importantby R. Hayyim ben Bezalel), but also on their sharedYiddish language. "Ithas been the custom throughout the Diaspora,"wrote R. David ibn Abi Zimra in the sixteenth century in Egypt, "thatthe men of each city and each language form communities of their own and do not mix with the men of other cities and other languages ... for hearts are divided accordingto the divisions of places and languages."79 Whether or not the Ashkenazic Jews were in truth a lineage group in the simple sense implied by Isserles, they were surely a linguistic group.A collection of lands that might otherwise seem almost random-Lithuania, Moravia, Germany-had in common that the great majority of their Jewish inhabitantsspoke Yiddish. They were Ashkenazimnot because they lived in Ashkenaz, but because they spoke leshon Ashkenaz,Germanor Yiddish. Medieval Theoryof Corporationsand the Reception of the "Shulhan'Arukh" We have asked how the authorityof the Talmudcommentariesof Rashi and Tosafot was defended in this period. We must now ask why the Talmuditself was regardedas authoritative.There were three essential theories, all of which are set forth in Moses Maimonides' introductionto his Mishneh Torah.According to the first, theTalmudis authoritativebecause it is the correctinterpretationof the Torah; according to the second, because it was agreed to by all the rabbis;according to the third,because it was acceptedby the Jews: "All of Israel is requiredto observe everythingthat is in the BabylonianTalmud... [and] to observe all the customs institutedby the sages of the Gemara... since all of Israelconsentedto everything in the Talmud."soIn the terms that we suggested earlier,the thirdtheory casts the Jews as a medieval corporation,accepting laws by an act of corporatewill. KaroacceptedMaimonides'theory of authoritybased on popularconsent.81 Amsterdammi-shenat 1635 'ad shenat 1795,"in Mehqarim 'al-toledotYahadutHoland, vol. 1 (1975), pp. 69-87. (Sluys's article appearedoriginally in Dutch: "Hoogduits-JoodsAmsterdamvan 1635 tot 1795," in Geschiednis der Joden in Nederland, ed. H. Brugmans and A. Frank,vol. 1 [Amsterdam, 1940], pp. 306-381.) 79. Responsa, pt. III, no. 472. Cf. R. Joseph ibn Lev, Responsa, pt. II, no. 72: "In Salonika,... when they arrivedafter the expulsions, each language established a community for itself, and no one goes or comes from community to community, and each community supportsthe poor of their language."Salo Baronquotes the passage in his Social and Religious History of the Jews, vol. 18, pp. 5556. 80. On Maimonides' theory of talmudic authority,see Menahem Kellner,Maimonides on the 'Decline of the Generations'and the Nature of RabbinicAuthority(Albany, 1996). "They vowed and accepted"-qiyemu ve-qibelu (Esther9:27)-is the catchphrasethat is very often used for popularreception of a law or lawcode. A differentview of Jewish law derives the authorityof Jewish communal institutionsfrom Talmudiclaw; here it is the reverse. 81. Karo was among those who applied the theory to Maimonides. See She'elot u-teshuvot 'Avqatrokhel,no. 32: "All the communities of the Land of Israel and Arabistanand the Maghreb are accustomedto follow his opinions, and have accepted him as their master."See also the passage from Karo's introductionto Beit Yosefquoted above n. 19. Maimonides' theory of consent forms the basis for his theory of the possible futurerenewalof rabbinicordination.It is thereforesignificant that Karo was involved in R. Jacob Berav's movement to ordain rabbis in Safed. On that event, see the revised

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Joseph Davis Moses Isserles, on the otherhand,does not appearto have accepted eitherthe theory or the corollary notion of the "reception"of a law or a law code.82 He did not invoke it on his own behalf or on behalf of any otherwork;his own theory of the authorityof Rashi and the Tosafists, namely,thattheirauthorityderivedfromtheir being the ancestors of presentAshkenazic Jews, was quite different. The notion of reception was applied to Isserles' work, however, as well as Karo's, in the generations after them, by (among others) R. Isaiah Horowitz (ca. 1560-1626), author of the kabbalistic and moralistic work, Shenei Luhot haBerit.83 Suggesting that the Ashkenazic Jews had collectively chosen Isserles as their guide, Horowitz cast them as a sort of qehilah or super-qehilah. Isaiah Horowitz, whose fatherAbraham(as we have mentioned) was a student of Isserles, was convinced,just as his fatherhad been, that Isserles' work was authoritativefor Ashkenazic Jews. The son did not agree, however,with any of the reasons thathad been put forwardby his father,nor indeed with any of the reasons that had been put forwardby Isserles himself. Isaiah Horowitz made no use of Isserles' claim (repeated,as we have seen, by his students)thathe had collected the customs of the Jews of "these lands."Nor did he repeatIsserles' foundationmyth of the ancestryof Ashkenazic Jews. R. Isaiah argued,moreover,that Solomon Luria was more insightful than Isserles as a Talmudinterpreter.Isserles' comments, accordingto R. Isaiah,do not correspond most closely to the "truemeaning"of the Talmudor the Torah;Isserles is not authoritativeon that account. Isaiah Horowitz arguedfinally, against his father,that, having seen Isserles' views and respondedto them, Solomon Luriashouldbe considered the more "recentauthority."Applying (as had both his fatherand Isserles) the talmudic principle that "the law follows the most recent authority[halakhah ke-vatra'ei]," the younger Horowitz suggested that Luria'sviews ought to have been decisive; and yet he admittedthat they were not.84 [Isserles']coinagehas been accepted,andwe mustfollowhis opinionsand withhisviews.Doubtlesshe meritedthisfrom renderdecisionsin accordance version of Jacob Katz, "Maloqetha-semikhahbein RabiYa'aqovBeravveha-Ralbah,"in his Halakhah ve-qabalah (Jerusalem, 1984), pp. 213-236, and the literaturecited there. On Karo's use of Maimonides, see Twersky,"R.Yosef Qaro,"above n. 1. 82. Note as well that R. Joshua Falk Cohen, in his discussion of the Talmud'sauthorityin the introductionto Sefer Me 'irat 'Einayim,bases it only on rabbinicconsensus. 83. Note also the formal acceptanceof Karo'sauthorityby the rabbisof the land of Israelin the seventeenth century,reportedby Jacob Hagiz and discussed by Toledano in Raphael, ed., Rabi Yosef Qaro, p. 185. 84. Isserles claimed in his introductionto the Shulhan 'arukhthat Karo, in relying on Maimonides, had unjustly neglected the more "recentauthorities"whom it is right to follow, such as the fifteenth-centuryAshkenazic rabbis.AbrahamHorowitz(n. 75 above) arguedthat Isserles himself was the most "recentauthority,"and that on that account he should be followed. On the principlethat "the law follows the recent authority,"see IsraelTa-Shma,"Hilkhetake-vatra'ei:behinot historiyotshel kelal mishpati,"Shenaton ha-mishpat ha-'Ivri 6-7 (1980), pp. 405 -425; Meir Rafeld, "'Hilkheta kevatra'ei' es el HakhmeiAshkenaz u-Folin ba-Me'ot ha-15-16: Meqorot u-Sefihin," Sidra 8 (1992), pp. 119-140; IsraelYuval,"Rishonimve-'aharonim,Antiquiet moderni:toda'at ha-zemanve-toda'ah 'asmit be-Ashkenaz,"Zion 57 (1992: 369-394).

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The Reception of the Shulhian 'Arukh heaven,justas theHouseof Hilleldid.... IntheDiaspora,in thelandsof the Polishcrown,in Bohemia,Moravia,andGermany,the [practice]has spread to renderdecisions in accordancewith his views .... In this generation, we

followthe opinionsof R. MosesIsserles,andwho shallpermitwhathe forbade?85 Horowitzclaimed that Solomon Luriawas the more profoundtalmudistand the more recent authority,but thatthe providentiallyguided communities of Central and EasternEuropehad accepted Isserles. They are all governed by the same laws because they have accepted them together. Exercising a putative common will, the AshkenazicJews (in the broadersense of the term) have constitutedthemselves into a single juridical community.86 In the generationbefore Horowitz, R. Benjamin Slonik (whom we quoted above) had alreadyapplied to Isserles the idea of voluntaryreception. "[Isserles'] words have been accepted in all the lands of Germany [be-khol medinotAshkenaz]." (We may remarkthat Slonik's and Horowitz's comments seem somewhat premature:Isserles' victory in Germany,although it had begun before 1600, was not assureduntil after 1650.)87 In the generationafter Horowitz,the thought that Isserles had been accepted by popularacclaim was repeatedby a minor rabbiin Cracow,Hayyim Buchner (ca. 1610-1684). R. Moses Isserlesexertedmuch effort and searched,like the searchof Jerusalemby candlelight,for all the customsof the landsthatbelongto the Ashkenazim[medinotha-mityahasimla-Ashkenazim].... And trulyone must

followthedecisionsof thegreatrabbi... R. MosesIsserlesof blessedmemory,forthe Jewshavevowedandacceptedthattheywill followhimin every regard.88 85. Shenei luhot ha-berit(Warsaw,1878), I, 54a-b (Sha 'ar ha-'otiyot, "qedushah"), discussed in Zimmels, Ashkenazimand Sephardim,p. 57. 86. Zimmels, Ashkenazimand Sephardim,exaggerating somewhat, claims that "it was only through Caro and Isserles that the Sephardimand Ashkenazim became united among themselves" (p. 58). 87. The receptionof the Shulhan 'arukhin Germanyis surveyedby Zimmerin Gahalatanshel hakhamim(above n. 1), pp. 257-258, and in greaterdetail, pp. 210-237. The receptionof the Shulhan arukh had at least four aspects, not all of them simultaneous. (1) Its widespread use was nearly instantaneous.(2) The decline and gradualfalling out of print of competing codes, such as Sefer misvot ha-gadol;the Mordechai;the Turim;and the Talmudicdigest of R. Asher benYehiel, began about 1600 and was complete after 1640, afterthe deathof R. Joel Sirkes, who had championedthe Turim.(3) Beginning at the turnof the seventeenthcentury,the authorityof the Shulhan 'arukhwas also asserted by majorrabbis,by studentsof Isserles and laterby their studentsand (particularlyafter mid-century)by their students'students,and by others. (4) Finally,after the second quarterof the seventeenthcentury, statementsof oppositionto the Shulhan 'arukhby majorrabbistrail off. Statementsof supportand opposition to the Shulkhan'arukhare collected by Siev (above n. 1), pp. 286-296. Cf. Reiner,"Temurot" (above n. 44), pp. 21-22, n. 20. 88. Fromthe introductionto Buchner'sOrotHayim (Cracow,1654), reprintedbyYizhakYudlov in Moriah 14 (1985-86), nos. 5-8, p. 19. It is not clearjust whom Buchnermeant by "theJews" in the last line. He may have been writing imprecisely,and meant only "theAshkenazic Jews."It is possible,

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Joseph Davis Consider, finally, the case of the Jews of Buda. In the sixteenth and seventeenth centuries, Hungarywas a part of the OttomanEmpire,and its Jewish community balanced itself between the Ashkenazic and Sefardic worlds. In the Ottoman Empire, HungarianJews were frequentlydistinguishedfrom "Ashkenazim." We recall, for instance, that in Safed there were separateHungarianand Ashkenazic communities.89 Sometime in the mid-seventeenth century, however, the communityof Buda enacted a communaldecree thattheirrabbisshould "makeno decision in Jewish law except in accordancewith the Turim,the Beit Yosef and its pure Shulhan ['Arukh],following the decisions of The Tablecloth[Isserles' commentary], and their recent commentators."90The Jews of Buda voted themselves into the Ashkenazic world by accepting the authorityof the Shulhan 'Arukhand its Ashkenazic commentators. TheFormationofAshkenazic Identity in the Sixteenthand SeventeenthCenturies Isserles' authority,so wrote IsaiahHorowitz,was acceptedbecause "hemerited it from heaven."ComparingIsserles to the House of Hillel, Horowitzperhaps meant to suggest that Isserles' personal character,which is reflected in his legal writings, had played a role in winning acceptance for his work: Isserles' generosity, kindness, and modesty. No doubt these qualities are significant, and a more stringentwork or a more stridentone would not have been as popular.Nevertheless, the ambit of Isserles' acceptance still needs to be explained. As we have seen, the Jews of "the lands of the Polish crown, Bohemia, Moravia,and Germany,"were not typically a unanimousgroup.Why did the Germanor Bohemianor Moravianor LithuanianJewsnot acceptsome otherlegal code? There were enough to choose from, medieval codes as well as more recentones.91 however, that, like certain other rabbis in his day such as R. Hayyim Benveniste in Izmir, Buchner thoughtof Isserles' comments as being applicablein principleto all Jews. See Hayyim Benveniste,introductionto Keneset ha-gedolah (Livorno, 1658). 89. On the relation of HungarianJews and Ashkenazic Jews in the sixteenth and seventeenth centuries, see Bornstein (above n. 13), pp. 82-86. There were separatecommunitiesof Hungarianand Ashkenazic Jews in Constantinopleas well (p. 82, n. 6). By the second quarterof the seventeenthcentury, however,two Salonika rabbis, R. Daniel Estrossa and R. Hayyim ben Shabbetai,referredto the Buda Jews in their responsa as "Ashkenazim"(pp. 83-84). 90. See Ephraimben Jacob ha-Kohen,She 'elot u-teshuvotSha 'ar Efrayim,no. 113, quoted in Siev, p. 291, and in Tchernowitz,p. 157 (both above n. 1). In a reponsumwrittenbetween his arrivalin Buda in 1666 and his death in 1678, R. Ephraimwrote that he had found these taqanot in the pinqas of the community. He added that the community had placed clauses to this effect in the contractsof some of his predecessors. (Contrastthe contractof the rabbiof Friedberg,above n. 70.) 91. For example, the acceptance of the Shulhan 'arukhby the Praguerabbinatebefore the end of the seventeenthcenturyis not clear.Therewere attemptsin Pragueto promoteJaffe'sLevushim(Jaffe was a Prague native), as well as R. Asher ben Yeiel's Pisqe ha-Rosh. In the early seventeenthcentury, while the Shulhan 'arukhwas not published in Prague,the Levushimwas reprintedtwice: in 1609 and again in 1622-1624. R. YomTov LipmanHeller made effortsto promoteR. Asher'sDigest, as had Maharalbefore him; volumes of R. Asher were publishedin 1619 and 1628. Volumesof the Shulhan'arukh were finally published in Praguein 1688-1695. See Tchernowitz(above n. 1), pp. 185-186 on Eliyah Rabahby the PraguerabbiElijah Spira,which was writtenabout 1690 as commentaryto the Levushim, but published in the eighteenth century as a commentaryon the Shulhan 'arukh.

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The Reception of the Shulhan 'Arukh The political scientist Liah Greenfeld,in her analysis of the rise of nationalism in the modernperiod,emphasizesthe role played by imitativepressure,which she calls ressentiment.French nationalism was inspired by British nationalism, Germannationalismby French,and so on.92 Mutatis mutandis, this notion may be applied to our story. The wealthier, more eminent, and more populous Sefardic communities pressed against the Ashkenazic Jews of the sixteenth century in many realms, such as theology and educationalpractice.93Isserles felt the pressure especially keenly in the realm of law. In opposition to Maimonides,on whom the Sefardic rabbinaterelied, Isserles placed Rashi and the Tosafists "the sages from whose waters we drink." Solomon Luria,who rejectedthe rationalismof SpanishJewry,found space in the introductionto his great work ofjurisprudence to include a diatribeagainst Maimonides,and also against,of all people, the SpanishBible commentatorAbraham ibn Ezra. Isserles' characterwas to avoid polemics, but the double form that he created for the Shulhan 'Arukh,with its contrastingsections of Karo'srulings and his own comments, also placed Ashkenazic Judaismin implicit opposition to Spanishor OrientalJudaism.94 Before 1492, Sefarad(Spain) and Ashkenaz (Germany)were simply two of the many lands in which Jews lived, each with its own traditionsand customs. After 1492, Sefardic identity was released from the bounds of geography and was based insteadon communalassociation, lineage, and language;similarly,the definition of "Ashkenaz"was extended in these ways.95 Anotherpolitical scientist,BenedictAnderson,examiningthe same question of the rise of nationalism,emphasizestwo other factors:first, printingand the rise of standardizednational languages, and second, the creation of centralized bureaucracies.96 Here again, there are parallelsto our case. The inventionof printingcreated an opportunityfor the codification of Jewish law and the centralizationof rabbinic authority,an opportunitythat was taken by Karo and then by Isserles. The spread of each work dependedpartlyon the establishedmarketsfor Hebrew books from Venice andCracow,respectively.The code of Isserles (i.e., the Shulhan 'Arukhwith 92. Liah Greenfeld,Nationalism:Five Roads to Modernity(Cambridge,MA, 1992). 93. See Elbaum,Petihutve-histagrut(above n. 46), passim. 94. Luria'sidentification of Spanish Jewry with philosophical rationalismprefigured (albeit with a negative slant) the "SefardicMystique"of the Haskalah, on which, see Schorsch (above n. 2). Cf. the remarksof the Messianic visionaryAsher Lemlein in the wake of the expulsion of the Spanish Jews in 1492 ("Hezyonotavshel R. Asher be-R. Meir ha-mekhunehLemlein Reutlingen,"ed. Ephraim Kupfer,Qoves'al yad 18 [1976], p. 406). Isserles, to the contrary,was a follower of Maimonideanrationalism: see Jonah Ben Sasson (above n. 37). Isserles restrictedAshkenazic difference to law and practice;he did not believe in the existence of an "Ashkenazictheology" nor a "Sefardictheology" that would be distinctivein any way. Isserles' tendency to avoid polemics is remarkedon by Twersky,"The Shulhan 'Arukh"(above n. 1), p. 150, n. 29. 95. On Sefardic identity,see Bodian (above n. 2). 96. Benedict R. O'G. Anderson,Imagined Communities:Reflections on the Origin and Spread of Nationalism, rev. ed. (London, 1991). Note also Rogers Brubaker,"Myths and Misconceptions in the Study of Nationalism,"in John Hall, ed., The State of the Nation: Ernest Gellner and the Study of Nationalism (Cambridge,1998), pp. 272-309.

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Joseph Davis Isserles' commentary)spreadamong speakersof Yiddish not only because it was directed at them, but because they constituteda distinct marketfor Jewish books, served by Isserles' printer.97In an era in which the standardizationof national language, the consciousness of them, and the dignity accorded to them had all begun to increase, the speakersof leshonAshkenaz,the Ashkenazim-Yiddish- or German-speakingJews-began to regardthemselves as one group.98 We must not neglect, however,the role of the rabbinate.Ashkenazic Jews in the early modern period did not develop a centralizedcourt system (Polish Jews did), but they did have a sharedrabbinic elite. The success of Isserles' code, historians have noted, was tied to the success of the Polish yeshivot, and to the acceptance of rabbis trained in Poland by the German Jewish communities.99We have already seen the efforts of four of Isserles' studentsto promotethe authority of their teacher both within Poland and outside it. Rabbinic graduatesof the Polish yeshivot, students of Isserles' students, and the students they in turn taught, gave authorityto Isserles' work. In so doing, they gave legal substanceto the notion of Ashkenazic Jews as a group. The pressure of Sefardic Judaism, the common marketfor Yiddish books, and a sharedrabbinicelite all helped makeAshkenazicJews into a unified and distinctive group. Seeking to explain and to justify thatunity,Isserles invokedthe notions of shared lineage ("we are their children'schildren")and geographicalcoherence ("these lands"). His printer,his editor,and most importantlyhis students then expanded Isserles' view of "these lands"from the Polish lands to include all of Centraland EasternEurope;they added by way of explanationthat the Jews of this entire area were united by language. Finally,in the seventeenthcenturyvarious authoritiesadded to these two legal bases of Ashkenazic unity (ancestraltradition and local custom) a thirdone: namely,that for all these Jews, the authority of Isserles had been establishedby communal act. Joseph Davis GratzCollege Philadelphia,PA 97. On the internationalscope of the marketforYiddishbooks in the sixteenth and seventeenth centuries, see Shmeruk,Sifrut Yidish(above n. 53), pp. 72-89. Note p. 80 on Isserles' printer,Isaac of Prossnitz. Cf. Elbaum,Petihut ve-histagrut(above n. 46), p. 14, n. 9. 98. On linguistic nationalismin the sixteenth century,see M. T. Jones-Davies, ed., Langues et Nations au Tempsde la Renaissance (Paris, 1991); FrediChiapelli,ed., TheFairestFlower: TheEmergence of Linguistic National Consciousness in Renaissance Europe: InternationalConference(Florence, 1985); Roy Porterand MikulhsTeich, TheRenaissance in National Context(Cambridge,1992), pp. 78, 130, 158, 174, etc. Cf. above n. 3. 99. Elon, Ha-Mishpatha- 'Ivri,2nd ed. (above n. 1), vol. 2, p. 1183. Cf. HeinrichGraetz,Divrei yemei Yisra'el, Saul Pinas Rabinowitztrans. and ed., vol. 8 (Warsaw,1902), p. 156 and Rabinowitz's note, p. 157. On the movement of rabbis and other Jewish religious personnel in the seventeenthand eighteenth centuries between Poland and the rest of the Ashkenazic world, see Moshe Rosman, "Demuyav shel beitYisra'el be-Folin ke-merkazTorahahareigezerot tah ve-tat,"Zion 51 (1986), pp. 442448. On the sixteenth century,note Zimmer,R. Hayim ben Besalel (above n. 56), p. 41; Elbaum,Petihut ve-histagrut(above n. 46), pp. 13-14 and n. 8.

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Two Cases of Adultery and the Halakhic Decision-Making Process Author(s): Edward Fram Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 277-300 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131698 . Accessed: 17/07/2011 14:06 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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AJS Review 26:2 (2002)

Two CASES OF ADULTERY AND THE HALAKHIC DECISION-MAKINGPROCESS*

by Edward Fram Biblical sources that speak of God's participationin humancourts notwithstanding,the judicial decision-makingprocess is a human act.' Rabbinic authorities, likejudges in otherlegal systems, are fully subjectto the many factorsbeyond the formal rubric of the law that influence interpretation,including educational backgroundandpersonalexperiencesand values.2 Still, construingjurists may not alwaysbe awareof the existence of such non-legal considerationsin their thought, and the influence that such concerns wield may restjust beneath their consciousness.3 Even when they were awareof the influence of extra-legalfactors,medieval and pre-modernAshkenazic rabbisseldom, if ever, revealedthem in the course of theirhalakhicdiscussions, for the halakhah,like any otherlegal system, has its own terms of discoursethatrarelyadmituncloakedexpressions of extra-legalconcerns into its process of reasoning.4 * This is an expandedversion of a paper that was given at a conference entitled "The Family and Social Order"held at Ben Gurion University of the Negev in June, 1998. I thank those who respondedto the presentationfor their constructivecomments. 1. On biblical sources, see HaninaBen-Menahem,"Postscript:The JudicialProcess and the Nature of Jewish Law,"in An Introductionto the History and Sources of Jewish Law, ed. N. Hecht et al. (Oxford:ClarendonPress, 1996), pp. 423 -424, 434. 2. From a historical perspective,there is no place for conjecturesthat halakhic decision-making simply uncoverswhat was alreadyrevealedat Sinai or that it reflects ongoing divine revelation. See the summaryof such views in Aaron Kirschenbaum,"Subjectivityin Rabbinic Decision-Making,"in RabbinicAuthorityand PersonalAutonomy,ed. Moshe Sokol (Northvale, NJ: Jason Aronson, 1992), pp. 63-64, 66-67. A criticismofjudges as "livingoracles"of the law who simply pronouncethe meaning of various statutes in generaljurisprudencecan be found in Jerome Frank,Law and the Modern Mind (1930; reprinted., Gloucester,MA: Peter Smith, 1970), pp. 35-36. 3. See BenjaminCardozo,TheNatureofthe JudicialProcess (New Haven:YaleUniversityPress, 1921), p. 167. 4. HaninaBen-Menahem,Judicial Deviation in TalmudicLaw (Chur:Harwood, 1991), p. 13, argues that extralegalconsiderationswere accepted in the decision-makingprocess of the Babylonian Talmudbut were renderednormativehalakhiccriteriaby their incorporationinto the halakhahby posttalmudic authorities.An extended discussion of extra-halakhicconsiderationsin the legal thinking of RabbiDavid Ibn Zimra(Egypt, Safed; 1479-1573) can be found in Samuel Morell, "Darkeiha-shikul be-mesiut ha-spesifit be-piskat ha-RaDBaZ,"in Atarah le-Hayyim: Mehkarimbe-sifrut ha-talmudit ve-ha-rabbanitle-khevodProfessorHayyimZalmanDimitrovski,ed. Daniel Boyarinet al. (Jerusalem: Magnes Press, 2000), pp. 413-438. On the question of determining mattersbased on internal legal standardsalone, see Ernest Weinrib,The Idea of Private Law (Cambridge,MA: HarvardUniversity Press, 1995), pp. 12-13, 23-24, comments germaneto the halakhic endeavoras well.

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EdwardFram Withoutexplicit informationaboutthe non-legal factorsthat guide halakhic decision-making, one is left to search for clues that might reveal the extra-legal concerns that shapejudicial thought. Historical circumstancesmay aid in understanding such forces, but ultimately any evidence of judicial attemptsto harmonize the law with other values must be found within the interpretationof the law itself. Telltalesigns arenot often found,for the simpleapplicationof talmudiccases, precedents,and/or customs createsan all-but-seamlessfit betweenthe sourcesand the case at hand.In otherinstances,the rule of the law is clearandunquestioned,and only the applicationremainsin doubt.Heretheremaybe indicationsof ajurist'sown values, reflecting his time, personalexperience, and demeanor,for the decision to applyknownrules in unfamiliarsituationsis clearlyajudicial choice revealingboth of the jurist and his age.5 In still otherresponsa,the appearanceof radicalexegesis, whetherof canonicaltexts orjudicial precedents,reformulationof legal principles, contextualizationof sources and/orprecedents(i.e., the limiting of a text or case to a particulartime or circumstance),and even the reshapingof the facts of the case point to the possibility thatnon-textualconcernshave shapedthe law. The identification of extra-legalconcerns in a legal discussion may also be possible througha comparisonof a jurist's interpretationof the same text or precedent in differentcontexts. Incisive authoritiesmust often interpretthe law to make it applicable to unfamiliarcircumstances,to preserve or furtherfundamentalvalues, or to decide between competing legal principles.Admittedly,a jurist'sreading of a source can evolve over time in light of his own study and restudyof the subject or of new informationthat comes to his attention.6However,disparateinterpretationsof the very same passage, particularlyin practical legal decisions, may suggest that the authorhas changed his understandingof a text or precedent due to factors beyond the sources. Among the publishedresponsaof RabbiJoel Sirkes (Cracow,d. 1640) there is something of a halakhic anomaly that can contributeto an understandingof supererogatoryforces in the halakhic process: two responsa by the same author that deal with similarcases but come to diametricallyopposed conclusions.' Each of the responsa deals with a marriedwoman suspected of adultery.Therewere no eyewitnesses in either case, but there were ongoing rumorsand testimonies about the sexual conduct of the accused women. Sirkes was asked to determinethe halakhic status of both women. He used many of the same legal sources in preparing his responsa, and at times the very same languageappearsin both, suggesting that he copied sections from one responsumfor use in the other. 5. See Cardozo,Nature of the Judicial Process, pp. 163-164. 6. An example of a change of opinion based on new informationcan be found in Nissim Gerondi, She 'elot u-teshuvotha-Ran, ed. A. Feldman(Jerusalem:Machon Shalem, 1984), no. 79, p. 97. 7. Different responses by the same author to the very same problem are not unknown. See Mosheh ben Maimon, Teshuvotha-Rambam,ed. J. Blau, vol. 1 (Jerusalem:Mekize Nirdamim, 1957), Levine Melammed in "He Said, She Said: A WomanTeacherin RenCe nos. 34 and 45. However, as Twelfth-CenturyCairo,"AJS Review 22, no. 1 (1997): 19-35, has pointed out, Maimonides'different responses were engenderedby questions that presented substantiallydifferentversions of the circumstances of the case.

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Two Cases of Adultery and the Halakhic Decision-Making Process A word of caution:A reading of all of Sirkes' responsa might suggest that he did not share some of the juridical assumptionsnoted above. Perhapsnot, but he never invokedthe divine as the source of his insights or as a participantin the judicial process. His use of the phrase "as I have been taught from heaven" in a numberof his responsa was not an attributionof divine participationto his decision-making but, rather,a pious acknowledgmentof the source of knowledge.8 Sirkesknew thathe and he alone was the authorof his decisions. His use of phrases asking God to save him from mistakes and of subscriptionsin which he claimed that he had writtenwhat was correct "in my humble opinion"were stock-in-trade expressions of the Ashkenazic halakhistthat only emphasized that the writer believed himself responsiblefor his decisions.9 Case One The seventh commandmentof the Decalogue is unequivocal: "Thou shall not commit adultery"(Exodus 20:13). The biblical punishmentfor the sin is equally clear.Leviticus 20:10 states, "If a man commits adulterywith a marriedwoman, committingadulterywith his neighbor'swife, the adultererand the adulteressshall be put to death."According to the Talmud,both partieswere to be strangulatedfor their sin if two witnesses had seen the wrongdoing.'0 Few couples, however,were so obliging to the demandsof legal procedureas to performtheir illicit sexual act before two witnesses. Since it was usually not possible to prove an adulterousrelationshipwith eyewitness testimony,adulterybecame tied up with legal doubt. If the doubt was compelling, the husbandof a woman suspected of adulteryhad the right-but not always the obligation-to divorce her without paying the amount stipulatedin her marriagecontract(ketubbah).1" Like almost all responsadealing with adultery,the two cases treatedhere exclusively examine the status of the woman involved in the affair:was she permitted to returnto her husbandor not? Withoutcapitalpunishment,the legal status of the adultererwas simply a non-issue. As an older contemporaryof Sirkes from 8. The phrase appearsin Joel Sirkes, She'elot u-teshuvot(Frankfurt,1697), nos. 77, 78, 100. On the pious natureof such phrases, see the comments of S. D. Goitein, "Religion in EverydayLife as Reflected in the Documents of the Cairo Geniza," in Religion in a Religious Age, ed. S. D. Goitein (Cambridge,MA: Association for Jewish Studies, 1974), pp. 13-14. Also see IsadoreTwersky,Rabad of Posquieres, 2nd ed. (Philadelphia:Jewish Publication Society, 1980), pp. 291-299, regarding the meaning of this phrase in particularand the lack of a divine role in the halakhicprocess in general in the thoughtof RabbiAbrahamben David of Posquieresand some of his contemporaries.My thanksto ProfessorHaym Soloveitchik for these references. 9. Relevant sources can be found througha search of the Bar-IlanResponsa Project Compact Disc (ver. 6.0) using the searchformulas*?b- and ?nranr in the rishonimand sixteenth-centurysec*, tions of the database. 10. BT, Sanhedrin52b. In the talmudicperiod, capitalpunishmentwas generally not a morally acceptablepenalty; in seventeenth-centuryPoland,it was also not in the jurisdiction of Jewish courts. Nevertheless, an adulterouswoman was prohibitedboth to her husbandand to her paramour(see BT Sotah 27b). 11. The rabbis of the Talmudoffered a number of paradigmsin which circumstanceswere so incriminatingof a woman that her husband could divorce her despite the legal uncertainty.See BT Yevamot24b-25a.

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Edward Fram Lithuania wrote, if a married man had a sexual encounter with an unmarried "whore"who had rituallyimmersedherself and was not a niddah,then the sin was "not so great."'12Even double adulteryhad no repercussionsfor the maritalstatus of the adulterer.If contrite, he was expected to performpenances, but even if he did not, he could always returnto his wife.'3 It was only the marriedadulteress whose personal status was affected by the extramaritalrelationship,for she who had willingly violated the marriagebed had to be divorced.'4 The following question appearsin responsumnumber98 in the first volume of Sirkes' responsa, published posthumously in Frankfurtam Main in 1697. The events described took place or, more likely, came to Sirkes' attentionin the late summer of 1619, just after he arrivedin Cracow to assume the position of rabbi and head of the rabbiniccourt, a post thathe held until his death. 5 The querywas addressedto Sirkesby a rabbiin a communitysomewherealong the routebetween Lublin and Cracow.The question posed by the rabbiwas reformulatedby Sirkes as part of the responsum: the statusof a marriedwomanwhocamehome Re whatyouaskedregarding witha particular maleguestwho was passingthroughthe townin whichthe womanlived.Thewoman'shusbandwas not in town.Therewas also no one else in the houseexceptfor an importantwomanwho saw the two of them comingandthentheyvanishedfromher sightandshe did not knowwhere they went.Thena greatfearfell uponherandshe thoughtthatmaybethey wentto thecellar.As quickas theblinkof an eye, she heardthe soundof the hingesof the cellardoorandher fearincreased.She wentfromthe "winter house"to nearthe cellarandshe heardthe cellardoorsclose.Whileshewas standingthere,severalotherwomencameandaskedwhethershehadseenthe womanwithX [peloni],theguest,andwherehadtheygone, aforementioned sincethe cartdriverwould[soon]be on his way.Thewomanrepliedthatshe had seen bothof themcomingto the houseandthenshe lost sightof them. Thewomen[whohadcome]saidthatmaybetheyhadgoneintothecellar,and 12. Benjamin Slonik, Seder misvat nashim (Cracow, 1577), no. 102. 13. In mid-seventeenth-centuryPoland, as in earlier periods in German Jewish history, some form of worldly penance was expected from sinnerswho had experiencedphysical pleasurefrom their sins. In this regard,see Jacob Elbaum, Teshuvatha-lev ve-kabbalatyisurim(Jerusalem:Magnes Press, 1992). A contemporaryexample of penances for a marriedman who had sexual intercoursewith a married woman can be found in Meir ben Gedaliah,She 'elot u-teshuvot(Venice, 1618), no. 45. In this responsum Rabbi Meir specifically allowed the man to have intercoursewith his wife duringhis period of penance; his extramaritalaffair had no effect on his personal status. Rabbi Meir warnedthat after the man had completed the penances, anyone who embarrassedhim would be excommunicated,while anyone who was supportiveof the penitent "will merit seeing the comforts of Zion and Jerusalem,the Holy City." 14. Medieval Christianitydid little to temperthe halakhah'sdual view of those who had committed adultery, for canonists, too, held women to a higher standardof chastity than men (James Brundage,"CarnalDelight: CanonisticTheories of Sexuality,"reprintedin his Sex, Law and Marriage in the MiddleAges [Aldershot:Variorum,1993], p. 337). 15. The responsum ends with the following note: "An event that took place when I arrivedin the holy community of Cracow at the end of the year 5679 [late summer 1619],"a descriptionnot part of the original responsumbut reflecting a later review by Sirkes.

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Two Cases of Adultery and the Halakhic Decision-Making Process they [all] waited for them to come out. Then one woman said, "Let us light a candle and look for them in the cellar,"but in the middle of her saying this, the aforementionedwoman came from the cellar and said that X was sitting in the cellar in the cold and would like to drink some mead there. While she was talking,X came behindher from the cellar in frontof all the people standing there, and they saw thatthe back of the woman'sscarf was dirtywith mud and the earth of the cellar [presumablyshe was surprisedand turned around at his approach].Based on these things, the whole city was abuzz with an unending rumorabout the woman who had committed adulterywith X. And afterwards,on the thirdday [afterthe events], the woman came before your honor [the rabbiwho sent the query] in tears and cried out in a great voice about how great her sins were, that she had sinned with X in the cellar, and in additionto your letters, we have seen in documents that she admitted as a form of repentancethat she had also sinned before this with two [other] adulterers.And so it is well known here in Cracowfrom travelersfrom Lublin by way of the city in which she sinned. And you also wrote that she admitted before her husbandregardingher many sins. And the husbandand wife came one after anotherbefore your court in tearsbecause they greatlyloved each other.And the womancried and was confused and asked for repentanceand atonement.A pure spirit swelled up in the man as well, and he wished to dismiss her with a properbill of divorce because he was disgusted with her. According to Sirkes, the local rabbi had inquired whether the woman was indeed legally prohibited to her husband under these circumstances. In addition he asked that Sirkes recommend appropriate forms of repentance for her to perform.'6 Sirkes responded matter-of-factly that, if the woman stood by her admission that she had committed adultery with the visitor and requested forms of penance, and the husband continued to demand a divorce, the wife would have to be divorced. However, seemingly on his own initiative, Sirkes raised the possibility that the woman might recant her confession or that her husband might change his mind and decide not to divorce her, and that each could offer some sort of plausible explanation for the retraction of their earlier statements. Likely some distance from the locale of the questioner and fearing "what if," Sirkes decided to undertake a full legal review of the woman's case. A responsum is not a piece of exploratory legal writing but an argumentative text in which sources are introduced and examined to advance a particular view. The technical legal discourse and the interpretations of the halakhah are the author's way of expressing his sense of justice and therefore must be scrutinized, for if properly evaluated they may point to the real interests of the jurist and his community.'" Fully intending to forbid the woman to return to her husband, Sirkes opened his survey with two views of the tosafists on a basic talmudic source regarding adultery. The last mishnah in Nedarim states: 16.If Sirkesrepliedto therequestforpenances,it wasnotincludedin thisprintedresponsum. 17.Ina somewhatdifferentcontext,see thecommentsof MosheHalbertal, Peopleof theBook (Cambridge,MA: HarvardUniversity Press, 1997), p. 92.

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EdwardFram Originallytheyusedto saythatthreewivesmustbe divorcedyetreceivetheir A womanwhosays[toherhusband],"Iamuncleanto you"[dueto ketubbah: havinghadsexualintercoursewith anotherman];[a womanwho saysthat] "heavenis betweenus" [i.e., the husbandis impotent];[a womanwho says that]"Ivow not to haveany [sexual]pleasurefromJews."They[therabbis] latersaidthat[suchstatementsarenotadmissiblein orderthat]a womannot look at anotherman and thus destroyher relationshipwith her husband. [Therefore]a womanwho saysthatshe is uncleanmustbringa proofof her statement.18

A simple reading of the mishnah suggests that the court would not accept any admission of adultery by a woman unless substantiatedby other admissible evidence. However,the BabylonianTalmudexplainedthe mishnahto be a case of the wife of a kohen who told her husbandthat she had been rapedand would therefore have been prohibitedto him. It was obvious to the rabbis of the Talmudthat any woman who admitted to having willingly had an adulterousaffair was prohibited to her husband.As one of the tosafists explained, and as Sirkes cited, by confessing to an extramaritalaffaira woman legally declaredherself prohibitedto her husband(de-shavyyehnafshah hatikhahde-'issura).19 The BabylonianTalmud'sdiscussion of the mishnahincluded two additional cases that were central to subsequent legal developments regardinga woman who admittedto an adulterousaffair. A certainmanwasclosetedin thehousewitha marriedwoman.Herhusband came.Theadulterer brokethroughthehedgeandranoff. Rabasaid,"Thewife is permitted;if he hadcommitteda sin he wouldhavehid [in the houseand nothavehadthehusbandsee himrunningoff]." A certainadulterer wentupto a certainwoman.Herhusbandcame.The adulterer wentandsatin anarchof thedoorway[sothathe wouldnotbe seen]. Therewascressthereanda serpenttastedit.Thehusbandwantedto eatfrom Theadulterersaidto him,"Donot the cresswithouthis wife'sknowledge.20 eat it, for a serpentate fromit."Rabasaid,"Thewife is permitted;if he had committeda sin he wouldhavewantedhimto eat [fromthecress]anddie."21 Following the tosafists, Sirkes noted thatRaba'sruling that "the wife is permitted" meant that the woman was allowed to marry her lover after her divorce from her husbandor after the husband'sdeath. She was not permittedto returnto her husband.Translatedinto the contemporarycase, the woman's initial declaration that she had an adulterousaffair with the travelerprohibitedher to her husband. There was no legal room for reconciliation. A second view of the tosafists, however,was farmoreproblematicfor Sirkes, 18. Nedarim 11.12.

19.Tosafot,BT Ketubbot63b. 20. Rashiexplainedthatif she hadknownthatherhusbandwantedto eatthecress,shewould havetoldhimnotto. 21. BTNedarim91bwithSirkes'glosses.

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Two Cases of Adultery and the Halakhic Decision-Making Process for one of the greatest halakhic authoritiesof the Middle Ages, Rabbi Isaac ben Samuelof Dampi rre(d. ca. 1185), readthe talmudicsources very differently.Following the rationaleof the Mishnah,Rabbi Isaac maintainedthat a woman's confession to an extramaritalaffairwas not admissible, for a woman's apparentselfincriminationmight really be an attemptto force her husbandto divorce her.22As for the talmudic cases, they were specific examples of instances in which a wife could returnto her husbandbecause the circumstancessuggested that no prohibited sexual act had takenplace between her and the otherman.23The practicalsignificance of Rabbi Isaac'sopinion for Sirkes was that the woman'sconfessions of wrongdoingin the matterbefore him were legally inadmissible and she remained permittedto her husbandirrespectiveof whethershe recantedhertestimony or not. Although Rabbi Isaac's position posed a severe difficulty for Sirkes in his attemptto bar the woman from returningto her husband,it offered an invaluable methodological opportunity.If Sirkes could prove that the ostensibly opposing view of one of the greatest of the tosafists would admit that in this specific case the womanwas prohibitedto her husband,Sirkes' argumentwould not only be inestimablybolstered,it would appearto be uncontested. Sirkes took up the gauntlet. With the woman's confession ruled inadmissible by Rabbi Isaac of Dampibrre,Sirkeswas forced to focus on a differentfacet of the evidence: Was the testimony of the women who had seen the couple in the cellar and the ongoing rumor about their sexual intriguesufficient to prohibitthe woman from returningto her husband? This was not a new legal question. Rabbi Isaac Alfasi (Fez, d. 1103), Rabbi Jacob ben Meir Tam(knownas RabbenuTam,Ramerupt;d. 1171), Rabbi Isaac of Dampibrre,and the author of the Sefer Halakhot Gedolot had all ruled that a woman could only be prohibitedto her husbandif she had been formally warned before witnesses not to go off alone with a particularmale but nonetheless did so before witnesses (kinnuiye-setirah) or if there were two witnesses to a forbidden sexual act. However,Rabbi Jacob ben Meir was reportedto have changed his position on the issue laterin life and entertainedthe view of RabbiAha of Shabha(d. 752), authorof the She 'iltot,thattwo witnesses to an "ugly act" (davar mekho'ar) were sufficient to prohibita woman to her husband.The view was subscribed to and elaboratedby Rabbi Meir of Rothenburg(d. 1293), the outstandingAshkenazic halakhistof the thirteenthcentury,who claimed that Maimonides also embracedthis position.24 Historically,both the She 'iltotand Rabbi Meir of Rothenburgwere authoritative figures in Ashkenazicjurisprudence.The She 'iltotwas thoughtto represent ancientrabbinictraditions(divreikabbalah),andRabbiMeir was viewed as the last 22. The BabylonianTalmudexpressed similar concerns in two other cases related to the mishnah. See Nedarim 91a-b. 23. Tosafot,Yevamot24b. 24. See the views as cited in Mordekhaiben Hillel, Yevamot 15. In a gloss to this passage, Sirkes' teacher,Rabbi Zebi Hirsch Schorr, also maintainedthat Rabbi Meir of Rothenburgbelieved that Maimonidesfollowed the view of RabbiAha. Given Sirkes' esteem for Maimonides in legal matters (see the following note), this point should not be overlooked.

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Edward Fram greatjurist of medievalAshkenaz and thereforeoften a deciding view in determining the law.25Still, RabbiMeir'smost outstandingstudent,RabbiAsher ben Yehiel (Germany,Spain;d. 1327), did not follow his teacher'sview on this matter.26Rabbi Solomon Luria(Lublin,d. 1574), RabbiMeir ben Gedaliahof Lublin(d. 1616), formerlya rabbiin Cracow,and Rabbi Joseph Karo(Safed, d. 1575), authorof the Shulhan 'Arukh,all rejectedRabbi Meir of Rothenburg'sview.27However,forced to arguethe case beforehim on the basis of the witness andthe rumor,Sirkespushed to show not only that the halakhahwas as construedby RabbenuTam and Rabbi Meir of Rothenburg,but that Rabbi Meir (a) was correctin ascribingthis position to Maimonides,and (b) would agree to extend the principleto the case wherethere was one witness to an "uglyact"and an unendingrumor.Tobolsterhis point, Sirkes demonstratedthathis understandingof RabbiMeirof Rothenburg'sposition solved certain textual problems better than other approaches, including that of Rabbi Solomon Luria,who had rejectedRabbi Meir'sview, and a Cracowrabbiniccourt decision of 1558 concerningadulterythatwas signedby halakhistsof no less standing than Rabbi Moses Isserles and Rabbi JosephKatz.28 Returningto the talmudic discussion in Nedarim, Sirkes noted that Rabbi Nissim Gerondi (Spain, d. ca. 1375) argued that the talmudic cases implied that the husbandwould have had to divorce his wife if the lover had not run off or had let the husbandtaste the cress. Gerondifurthercontendedthatif a man andwoman were found in circumstancessimilar to those mentioned in the Talmudbut without comparableevidence of the couple's chastity,a scrupulouslyobservantindividual (ba 'al nefesh) should divorce his wife in orderto fulfill his heavenly,if not purelylegal, duty (la-setyedei shamayim).An anonymousopinion cited by Geron25. On the authority of the She 'iltot, see, for example, Israel Isserlein, Terumatha-deshen (Venice, 1519), nos. 208, 215, and especially 258; Solomon Luria,She 'elot u-teshuvot(Lublin, 1574), no. 6 (also appearsin Moses Isserles, Shu "tha-Rema,ed. A. Siev [Jerusalem:Feldheim, 1971], no. 18, p. 119). With respect to Rabbi Meir of Rothenburg,see Isserlein, Sefer pesakim u-ketavim(Venice, 1519), nos. 222 and 223. Maimonides'place in the Ashkenazicpantheonofjurists was less secure, but Sirkes held him in high esteem. See, for example, Joel Sirkes,She 'elot u-teshuvotha-bayithadash hahadashot (Koretz, 1785), no. 61. 26. Jacob ben Asher, Arba 'ah turim, 'Even ha-'ezer 11, with the comments of Joseph Karo. 27. Luria,Responsa, no. 33 (also appearsin Isserles, Responsa, as no. 13); Meir ben Gedaliah, Responsa, no. 80; Karo, Beit Yosef Even ha-Ezer 11. In 1558 the rabbiniccourt in Cracowwrote that the law was accordingto Rabbi Meir and RabbiAha-at least in theory.Facedwith a scandalouscase from Prague regardinga husbandwho had hired witnesses to testify falsely against his wife, the Cracow rabbiniccourt noted in 1558 that the law agreed with Rabbi Meir of Rothenburgon this point but the opinion was irrelevantin the proceedingsbefore the court(see Isserles,Responsa,no. 12, with slight variationsin Joseph Katz, She 'erit Yosef ed. Asher Siev [New York:YeshivaUniversity Press, 1984], no. 77; Isserles' responsawere not publisheduntil 1640, the year of Sirkes'death,but a copy of the decision appearedin 1590 in the aforementionedresponsaof Isserles' brother-in-lawand fellow member of the rabbiniccourt, RabbiJoseph Katz, from which Sirkescited the opinion). Isserles appearsto have been the authorof the court'sdecision. The responsumuses the first-personthroughout(i.e., one of the signatories authoredthe decision and the other two signed), and a copyist's signatureat the end of the version in Katz's volume implies that this text did not come from Katz'sown writings. A summaryof the Prague case is given by Asher Siev, "Ha-Rema ke-fosek u-makhri'a be-Yisrael,"Hadarom 25 (1967): 211-219. 28. Luria,Responsa, no. 33; Katz, Responsa, no. 77.

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Two Cases of Adultery and the Halakhic Decision-Making Process di went furtherand maintainedthatin all instances of "ugly acts" in which the explanationsoffered in the talmudicparadigmscould not be broughtto bear, a rabbinic courtmust force the husbandto divorce his wife.29 Sirkesdrewthe practicalconclusions. In the case of the woman and the traveler, the anonymousopinion cited by Gerondiwould demandthat the husbanddivorce his wife because there had been an "ugly act" (they had been alone together in a darkplace) that did not have the saving graces of the talmudic examples.30 Gerondihimself, however,would arguethat undersuch circumstancesonly a very observantindividualshould divorce his wife. This weakened Sirkes'position, and so he daredto suggest that Gerondi only believed that the husband could not be forced to divorce his wife if the informationabout her misdeeds was based on his word alone. If, however,therewas an ongoing rumorand one witness to the "ugly act" (the women who stood outside the cellar door were consideredthe equivalent of but one witness for they were women, not men), and since, Sirkes stated as a simple matterof fact, the law follows Rabbi Meir of Rothenburg,even Gerondi would maintainthat in this case the court must force the husbandto divorce his wife.31 Here Sirkeswas legally presumptuous.Not only was it unclearthat the law was as statedby RabbiMeir of Rothenburg,but Gerondiexplicitly limited the circumstances in which a woman could be prohibitedto her husbandand nevertheless Sirkes expandedthem. By extendingGerondi'sview, Sirkes shifted the focus of the legal discussion from the woman'sadmissionto the acts thattook place, ostensibly bypassing Rabbi Isaac'sobjections and developing a new legal avenue that would strengthenhis efforts to prohibitthe woman from returningto her husband.Sirkes was pushing the limits of the law, but there was more to be done. In his authoritativelegal code, the Arba 'ah Turim,Rabbi Jacob ben Asher (Germany,Spain;d. 1340), had ruled that, accordingto RabbiJacob ben Meir, arguably-if not unquestionably-the greatestof the tosafists, a claim by a husband that his wife had had an extramaritalaffair was insufficient basis to prohibitcontinued cohabitation.However,if the allegation was accompaniedby an unending public rumorand therewere no childrenfrom the marriage,a rabbiniccourt should force the couple to divorce.32Again, Sirkes extended the legal parameters.He argued thatif one can impose a divorceon the basis of the husband'sword and an unending rumor,then certainlyif therewas an unendingrumorand one independent witness to apparentmaritalinfidelity the court shouldmove the husbandto divorce his wife if there were no children.Thus, in the case before him, where the couple was childless and there was an ongoing rumorand "one witness,"Sirkes contended that RabbenuTam,too, would have ruled thatthe woman must be divorced. 29. Nissim ben Reuben Gerondi,Hiddushei ha-Ran, Kiddushin,p. 29b, in the commentary of Rabbi IsaacAlfasi. 30. On being alone together in a darkplace as an act that raised suspicions, see PT Ketubbot 7:6 (3 1c); Maimonides,MishnehTorah,Hilkhot Ishut 24.15, a source cited in the Ashkenazic world by Mordecaiben Hillel, Yevamot15. 31. On consideringthe women as but one witness, see Jacob ben Asher,Arba ah turim, 'Even ha-'ezer 178 with the commentaryof Joseph Karo. 32. Jacobben Asher,Arba 'ah turim, 'Even ha-'ezer 11 with the comments of Karo.

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Edward Fram Having "established"that Rabbi Meir of Rothenburgand RabbenuTam would concur that the woman had to be divorced on the basis of the unendingrumor and the testimony of the women, Sirkes could more aggressively returnto the issue thathe had previously evaded:the woman'sconfession. RabbiIsaac of Dampierre'sruling was not the only legal hurdlethat Sirkeshad to overcome in this regard. In his glosses to the Shulhan 'Arukh,Isserles had ruledthat if afteradmitting to a romantictryst a woman was actuallyable to offer an explanationas to why she had incriminatedherself, her clarificationwould be believed and she could recant her earlier confession of wrongdoing.33To make mattersworse from Sirkes'perspective, a leading Ashkenazic halakhic authorityof the fifteenth century,Rabbi Israel Isserlein (Germaniclands, d. 1460), had ruled in an actual case that if such a woman explained her original testimony,her explanationshould be accepted.34 Not only statutebut precedent declared that the woman should be able to recant her testimony and returnto her husband. Legally adroit,Sirkes sought to limit the applicabilityof the mishnahandthe force of precedentby declaringthat the rules and assumptionsof the mishnahdid not apply to an admission made in court.An explanationcan only be used to overturn an earlier confession made out of court, maintainedSirkes, but in this case, where the woman made an in-court admission, an explanationcould not nullify earliertestimony. Sirkeswas correctin statingthatJewish law accordeda highervalue to statements made in court thanto those made out of court.35An in-courtadmissionwas viewed as a "totaladmission"that could not be recanted,but this was only true in monetarycases when a defendantstood accused in court.The rules of explaining testimony appliedfor those who came to courtwithouthavingbeen summonedand made statementsof their own volition. By Sirkes' own admission, the case before him was not a monetary matter or, strictly speaking, even one of testimony,but rathera matterof admission that involved "prohibitingsomethingto oneself,"and in halakhah,"prohibitingsomething to oneself" can always be explained and set aside. Moreover,following the mishnahin Nedarim,RabbiJacobbenAsher specifically stated that a marriedwoman who said that she had an affair with a man is not believed precisely because the rabbisfeared that she might be using her statement as a means to free herself from her husband.36 There was no supportfor Sirkes' opinion in the language of the mishnah,in the words of its commentators,or in the rulings of earlierjurists. Even Sirkeshimself made no reference to such a possibility in his legal commentaryto Jacobben Asher'sArba 'ahTurimwhen the legal statutesderivedfromthis mishnahwere discussed." It is precisely the extreme exegesis in this responsumthat suggests that Sirkes was moved by forces beyond the pale of the law. 33. See Shulhan 'arukh,'Even ha-'ezer 115:6 with Isserles' comments. 34. Isserlein, Seferpesakim u-ketavim,no. 222. 35. See, for example, Asher ben Yehi'el, She'elot u-teshuvotle-RabbenuAsher ben Yehi'el,ed. YitzhakYudlov (Jerusalem:MachonYerushalayim,1994), no. 52:4. 36. Jacob ben Asher, Arba 'ah turim, 'Even ha-'ezer 115.6-7. 37. See Joel Sirkes, Bayit hadash, 'Even ha-'ezer (Cracow, 1639), 115.6-7. Sirkes' commentary was first published duringhis lifetime, some twenty years after he wrote this responsum.

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Two Cases of Adultery and the Halakhic Decision-Making Process Well awarethat his position rested on, at best, questionablegrounds, Sirkes sought furtherproof to disqualify any explanationthatthe woman might offer. To do so he returnedto the source most damaging to his argument:the mishnah as understoodby Rabbi Isaac of Dampierre. Sirkes knew full well that, according to Rabbi Isaac, the rabbis of the Mishnah had rejected the woman's claims due to a concern that she might have wished to repudiate her husband and escape the marriage.Sirkes moved to limit the applicability of the mishnah. It only applied, he claimed, when there was but one beau who might tempt her away from her spouse, but here, in the present case, she admittedto having had three lovers! Her admittingto lewd behavior beyond what was legally necessary to secure her release from her husbandwas, asserted Sirkes, a sure sign that she was telling the truth. Only the most formalisticreadingof the mishnahcould in any way substantiate Sirkes' hypothesis. Clearly the reasoning of the mishnah applied equally to one lover or several lovers. With the rumor of the acts of the man and woman in the case before him spreading,Sirkesmusteredevery possible legal proof to make her face the consequences of her actions, includingoffering a thirdproof as to why her originaladmission must stand. According to the mishnah, a woman who says "I am unclean to you" is not believed. Without citing any earlier commentatorsto this effect, Sirkes inferred that the language "to you" meant that the rule of the mishnah only applied if the statementwas made directlyto the husbandand no one else, for the only possible explanationfor such brazenbehaviorbefore her husbandwas a base desire for anotherman. If, however,her admission was made in court, there was no reason not to believe her. Sirkes'limitationof the mishnahto the most specific of circumstancesmeant that it would not apply in the case before him, where the husbandwas not in town at the time of admission. As such, the woman's original declarationwould stand "even accordingto Rabbi Isaac,"and no explanationon her part would invalidate its legal import. Sirkes knew full well that the mishnah could certainlybe interpretedas inclusive ratherthan exclusive (i.e., even if she admittedto her husbandshe was not believed, and not only if she admittedto her husband).Nevertheless, Sirkes argued thathis interpretationwas correct even though no one before him had ever seen it quite in this light; indeed Sirkes admittedoutrightthat Isserlein likely would have rejectedsuch an inference. How convinced Sirkes was of his view remains questionable. Here too, in his glosses to the Tur,Sirkes let standwithout comment Jacob ben Asher's ruling thatif the woman says that she has had an affairwe do not believe her, for perhaps she fancies someone else. Only when faced with a practicalcase did Sirkes stretch the canonical sources. Clearly,he wantedto thwartany possibility that this couple might returnto live together,and in orderto do so he not only interpretedsources in new ways but ignored legal precedent. Rabbi Meir of Rothenburghimself had been asked about a case in which a man left his wife and home on business in the spring of 1271, and twelve months later she gave birth to a baby girl. About three months after the husband'sdepar287

Edward Fram ture, on the night of Shavuot 1271, a Jew who had gone to the house to make Kiddush for the wife had seen her physically cavorting with non-Jews in her home. The townspeople assumed that she had been impregnatedthat evening. Apparently, the child died soon after its birth, and the woman'sfather,ashamedof her adulterousdeed and fearingthatshe might convert,went to the local rabbiniccourtasking permission to kill her. The women in the town were gossiping about her acts and,like her father,assumedthat she had murderedthe child to hide her folly. This was a case with one witness to an "ugly act"and an ongoing rumor,yet RabbiMeir himself ruled that two witnesses and an ongoing rumorwere necessary to formally prohibitthe woman to her husband.He ultimately ruled that the man must divorce his wife, but for differentreasons.38 RabbiAsher benYehiel, ajurist of indisputablyhigh standing,was also asked to consider the status of a woman who was suspected of an extramaritalaffair.As in the case before Sirkes, there was an unending rumorregardingthe affair and, more significantly, one witness who could testify to theprohibitedsexual act. Unlike Sirkes, RabbiAsher ruled: to herhusKnowthatwithonewitnessa marriedwomancannotbe prohibited bandexceptafterhavingbeen formallywarnedandthengoing off to a secludedplace(kinnuive-setirah)... andwithrespectto unendingrumorsthe authorof theHalakhotGedolotandRabbenuTamruledthatwe do notforce [her]fromthe husband,becauseunendingrumorsaftermarriageare inadmissible.39 Sirkes knew this responsum;he cited the very next section of the text to differentends. His failureto cite this precedent,in which therewas one witness to the sexual act and still thejurist allowed the woman to returnto her husband,is telling. In the fifteenth century,RabbiIsraelIsserleinhad been asked aboutthe wife of a kohen who was suspected of adultery.40In this case, too, there was an unending rumor and one witness to an "ugly act."An earlier query sent to a colleague had reportedthe informationsomewhat differently:that the woman had actually admittedto an adulterousaffair. In light of this, Isserlein felt obliged to consider the case as if she had indeed confessed, andhe dismissed the chargesout of hand.41 Here was an on-point case for Sirkes, yet he barely made mention of it. Rabbi Meir ben Gedaliah of Lublin also dealt with a case in which rumors of an extramaritalaffair had spreadregardingthe wife of a certain kohen. Here, too, there were possible witnesses to "ugly acts."Even worse from the standpoint of the woman's reputation,she had given birth to a fully developed child only six months after her marriageto her husbandand was suspected of having murdered 38. TeshuvotMaimoniyyot,Nashim, no. 25, with parallel texts listed in the S. Frankeledition of the Mishneh Torah(Jerusalem:YeshivatOhel Yosef, 1977). 39. Asher benYehiel, Responsa, no. 32.14. On RabbiJacobben Meir'srule with respectto postmaritalrumorsof sexual misconduct, see Tosafot,Yevamot24b. 40. The wife of a kohen would be prohibitedto her husbandeven if she had been an unwilling partnerin an extramaritalsexual encounter. 41. Isserlein, Seferpesakim u-ketavim,no. 222.

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Two Cases of Adultery and the Halakhic Decision-Making Process it immediatelyafterits birth.RabbiMeir stronglyrejectedthe allegationsand made special mention of the need to clear the name of the accused.42 A lenient ruling regardingthe woman's status in the case before him would have left Sirkes in agreement with Isaac Alfasi, Isaac of Dampierre, the simple reading of Gerondi, Isserles, Luria,the precedents of Meir of Rothenburg,Asher ben Yehiel, Isserlein, and Meir ben Gedaliah, and, of no small importance,a very cogent reading of the mishnah itself. His ongoing determinationto do otherwise suggests that it was not the legal sources that determinedhis conclusions. It is not likely thatthe values of the host Polish communityare what pushed Sirkes to be stringenthere. True, under Sixtus V (r. 1585-1590) the church had been extremely severe in punishing adulterers (as well as panderers, fortunetellers, and other ordinarycriminals).43Nevertheless, in many areas of Christian Europe secular law had encroached on canon law in matters of fornication and adulteryas early as the fourteenthand fifteenth centuries.44Seventeenth-century Polish law threatenedadultererswith death, and from time to time the authorities made good on the threat.However,male members of the nobility generally faced light punishmentsif convicted of adultery,since they could only be sentenced to death by their peers, many of whom had mistresses of their own.45 Municipal courts, too, imposed lesser punishmentson adulterersor simply accepted ecclesiasticalpenances.46Indeed,lenience was the rule in ruralcourts in Poland.47 In this matter,the values of contemporaryPolish society were obviously not in harmony with the letter of the law. While at this point it is possible to make some tentative suggestions as to Sirkes' motives in maintainingthe need for the couple to divorce, a comparison 42. Meir ben Gedaliah,Responsa, no. 80. 43. See Ludwig Pastor,TheHistory of the Popes, ed. Ralph Kerr,vol. 21 (St. Louis: B. Herder, 1932), pp. 89-90. 44. On the powers of secular courts, see James Brundage,Law, Sex, and Christian Society in MedievalEurope (Chicago: Universityof Chicago Press, 1987), p. 517. 45. The English travelerFynes Moryson visited Poland in 1593 and noted that "adulterersby the law are beheaded, if they be accused; but I heard that gentlemen maryed,did many tymes keepe concubines, seldome questioned,nevercondemnedto death for it."Fynes Moryson, Shakespeare'sEurope, ed. CharlesHughes (London:Sherratt& Hughes, 1903), p. 88. How female members of the aristocracy-and otherwomen in contemporaryPoland so accused-fared requiresarchivalinvestigation. In sixteenth-centuryGermany,for example, women were accused of adulteryas a capital offense far more often thanmen (Ulinka Rublack,TheCrimesof Womenin EarlyModern Germany[Oxford:Clarendon Press, 1999], p. 220). However, writing in the second half of the sixteenth century, Rabbi Solomon Lurianoted that Polish society was "more merciful"to women than to men in capital cases. (Yamshel Shelomoh, Ketubbot[Warsaw,1850], 2.44). 46. See JuliusBardachet al., Historiapahstwa iprawapolskiego (Warsaw:PafistwoweWydawnictwo Naukowe, 1987), p. 240. In sixteenth-centuryWurttemberg,too, penances sufficed as punishment for adulterersand religious leadersinstructedthe communitynot to stigmatize those who repented (Rublack,Crimes of Womenin Early Modern Germany,p. 223). 47. Bardachet al., Historiapahstwa iprawapolskiego, p. 240. Bardachmakesno differentiation between the punishmentsmeted out to adulterersand adulteresses.More lenient attitudestowardadultery in ruralcenters were also common in the mid-sixteenth century in areas under Genevan control. See Robert Kingdom,Adulteryand Divorce in Calvins Geneva (Cambridge,MA: HarvardUniversity Press, 1995), p. 116.

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Edward Fram with a similar case will not only highlight the changes in his thought but provide some additional clues as to the forces that shaped his judicial decision-making.

Case Two The very next responsum in Sirkes' collection, number 99, also deals with a case of suspected adultery, and it is unlikely that the placement of the two responsa next to each other in the collection was simple happenstance.48 The question has again been reformulated by Sirkes, but it contains what may well be verbatim testimony in Judeo-German from some individuals called to testify in the matter.49 Reuben makes a claim against his wife [saying] that he has been told that she made for herself a potion to abort the child in her womb since she became pregnantthroughan illicit relationshipwhile he [Reuben] was away.He also made a numberof "ugly" [mekho'arim]claims against her that were told to him upon his return.His wife replied that such things had never occurred. The husbandprovideda witness who testified before the courthow,before Passover,the woman came to him and her face was "bad"[ra 'ot] like a sick woman and she said to him, "'I am afraid that my stomach is not well. There is constantpressurearoundmy chest. What should I do?' I told her that she must show me her urine,and thus the next day I saw her urineand saw that it was clouded with her sinews and limbs.50 I asked her if she was now having her regularmenstrualperiod. She said no." Until here are his words [sic]. Additionally, a second witness testified in Judeo-German[be-leshon Ashkenaz].5' "I was living in her father'shouse, and a numberof times I saw many obscene acts. One of them [was that] a certainyoung man was clapping and dancing [with her] in the 'winter house,' and then I saw that this young man had hugged and kissed this woman.Also the young man came a few times at night and rang the bells, and sometimes he came quietly and sneaked upstairs into her room when she was out [of her room]. She would go up to him 48. Responsum100is alsoa casein whicha rumorandonewitnessarecentralto thelegaldiscussion.There,however,a leviratemarriageis the issueat hand.Ontheeditingof thecollection,see Elijah Schochet, RabbiJoel Sirkes (Jerusalem:Feldheim, 1971), pp. 83-85.

of the 49. Thefirsteditionof Sirkes'responsaincludedanappendixwitha Hebrewtranslation scholars" testimoniesin thecollection.Theappendixwasintendedto assist"Sephardic Judeo-German whenuncertain of themeaningof the whodidnotknowthelanguage.I havereliedon thistranslation original. i rnux rmnw -n'K~i."Literally,mrnwdoesnotreferto 50. Thephrasereads -'ni' "mi,'• • word is masculine.However,in thebodyof the rethe theurineor whatwas in it, for Inw("urine") sponsumSirkesrefersto thissectionandspecificallystatesthatsinewswereseenin theurine.Given his unthistestimony(it is in Hebrew,notJudeo-German), thatSirkesor the questionerparaphrased of thematerialmustrule.Thisexplanation difficulty,forsucha disposesa physiological derstanding therefchargewouldnotcomefromthebladdervia theurethrabutonlyfromtheuterus.Presumably erenceis to vaginaldischarge,not simplyurine.Basedon BTNiddah23b-24a,thewordmut could be a referenceto partof theembryo.Sincethewomanclaimednotto be havinghermenstrual period, of meaning,I havetakenthe thiscertainlyis thethrustof thetestimony. Yet,in lightof theuncertainty theterm. morecautiouspositionin translating hasbeenparaphrased 51. At times,the Judeo-German (by Sirkes?),leadingto severalgramin thetext. maticalinconsistencies

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Two Cases of Adultery and the Halakhic Decision-Making Process in the night [andwould come back downstairs],and so she would do until her father went to bed, and then they both [i.e., the young man and the woman] went to bed." He also testified that she would open a window so that he [the young man] could secretlyenterher house. He also testified thathe heardthem talking togetherin her room upstairsin the upper floor [be- 'aliyyah]and that they had closed the room. He also testified that a numberof times she and her motherwent to the house of the organmakerand sugarmaker,and they would both return home intoxicated from drinking wine, and the woman praised these non-Jews for they had given her presents.Additionally,he testified that she had a drinkto bringon her menstrualperiod made for her, and thathe [the witness] said that he himself had tasted it.52He also testified that the elderly Jewish woman who made the drinkcame to him complainingthat the woman had not paid her for the drink.The elderly Jewish woman also said to him that the woman and her mother,togetherwith X, were going to a female witch to do something, "butGod forbid,I did not want to go with them to do this."53 Until here are his words [sic]. Additionally,a thirdwitness testified: "Ioften went with the young man mentionedabove to X's house because here he [sic] had a relativein his house. And we would drinkwith the aforementionedwoman and play dice and dance. And we saw that the aforementionedyoung man, when dancing, would hug and kiss the aforementionedwoman."And we [the court] asked him whether she was hugging and kissing him. He replied, "I cannot give a truthfulopinion of what took place because I was playing on the board [i.e., a boardgame; he was paying attentionto the game and not to the couple]." He also testified, "I saw how the aforementionedwomanwould drinknon-kosherwine [yein nesekh] with the organistin X's house." Until here are his words. This case lacked the self-incrimination aspect of responsum 98, but it, too, had unending rumors about illicit sexual behavior and witnesses who saw what were deemed legally abhorrent acts. The matter elicited from Sirkes a lengthy discussion of testimony and rumors that paralleled, at times verbatim, material in responsum 98.54 Sirkes acknowledged that if there were two witnesses to an "ugly act" and an unending rumor regarding the wife's sexual misconduct, the husband would have to divorce her.55 If, however, there was only one witness and an unending ru52. FromSirkes'responseit wouldappearthatthe emmenagogue was intendedas a formof abortifacient. andAbortion to the See,forexample,JohnRiddle,Contraception fromtheAncientWorld Renaissance MA:Harvard (Cambridge, UniversityPress,1992),p. 156. 53. The late fifteenth-century MalleusMaleficarum by HeinrichKraemer,trans.Montague Summers(1928;reprinted., London:Hogarth,1969),p. 66, accusedwitchesof, amongotherthings, abortionsforwomen.Similarly, a 1484papalbullof InnocentVIIIallegedthatin the Gerprocuring manlands,magicwasusedto affectabortions. in MontagueSummers,TheGeography Translated of (1927;reprinted., Secaucus,NJ:Citadel,1973),p. 534. Witchcraft 54. Responsum99 is not dated,andI cannotdeterminewithcertaintywhetherit precedesor post-datesthecase in responsum98. My impression,however,is thatit post-datesresponsum98, as will be discussedbelow. 55. Thetwowitnessesdidnothaveto see thewrongdoing togetherorevensee the sametrans-

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EdwardFram mor, the court could not demandthat a divorce be given, for in this case the couple had children. There was little doubt that unending rumors existed with respect to the woman'sbehavior.The husbandhad heardthemuponreturninghome fromhis trip, and they propelled his pursuitof the case. Based on the testimonypresented,it appearedthat there were at least three individualwitnesses who could claim thatthe woman had been involved in whatwas thoughtto be promiscuousbehavior.56Even if the court could not force the man to divorce his wife, there was apparentlysufficient evidence to encourage him to do so. Sirkes arguednot so. He took a twopronged approach,discrediting the legal standing of the rumor and limiting the numberof witnesses to improperacts. Following the dicta of the Talmud,Jacob ben Asher had offered two qualifications regarding ongoing rumors in his legal code. A rumor had to last for at least a day and a half, and it could not have been startedby adversariesof the accused.57Here, the rumorhad clearly lasted more than a day and a half, but Sirkes made a bold assumption about those who had started it. "Truthto tell," wrote Sirkes, "in these generations, when there are enemies with great strength and great power, it is a simple matterthat this rumordoes not have the legal status of an unending rumor."Sirkes made absolutely no attempt to prove this legallyand morally-devastating evaluationof contemporarysociety or that this particular rumor had begun under such circumstances.58He entered a statementof legal fact without any substantiationbeyond the disarmingclaim that it was a "simple matter."59 The judicial daringdisplayed in the practicaluse of this characterizationof the community stands in starkcontrastto responsum98. There, too, there was an ongoing rumorthathad spreadto many a town in southernPoland,yet Sirkesmade no attemptto discredit the rumor,let alone to introducea principle that would effectively eliminate all such rumors.Quite the contrary:he relied upon the hearsay gression for their testimony to be counted together. See TeshuvotMaimoniyyot,no. 25, and Isserles, Responsa, no. 12, p. 60. 56. While the halakhahgenerally requirestwo witnesses to establish any issue relatedto sexual misconduct, in cases where there was a rumorand an individualwitness the husbandcould declare that he believed the witness as he would two witnesses and thus have to divorce his wife. See Maimonides, Mishneh Torah,Hilkhot 'ishut 24:17; Tur,'Even ha-'ezer, 115 and 178 with Sirkes' comments; and Shulhan 'arukh,'Even ha-'ezer 115.7 and 178.9, particularlywith the glosses of Isserles. Rabbi Meir of Rothenburgrelied on this view in his above-citedresponsumregardingthe wife of the traveler(TeshuvotMaimoniyyot,no. 25). 57. BT Yevamot25a; Jacob ben Asher, Tur,'Even ha-'ezer 11. 58. In responsum 100, signed in the spring of 1629, Sirkes used a similar view from a responsum of Rabbi Judah Mintz (Padua,d. 1506) as the basis for an analogy to supportthe untrustworthiness of rumorsin his own generation.Only rarelydid Sirkes cite Mintz in his responsa, and his failure to cite Mintz'sview in responsum99 may well be due to his having been unfamiliarwith Mintz'sopinion when writing this responsum. See also Sirkes, Responsa (new), no. 58, an undatedresponsumin which he wrote an addendumconcerning a relevantcase in Mintz's responsathat Sirkes saw only after writing his opinion. 59. Cf Isserles, Responsa, no. 12, pp. 70-71. Isserles too rejectedthe rumorin the case before him, but he made efforts to prove his assessment.

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Two Cases of Adultery and the Halakhic Decision-Making Process to build an argumentthatwould circumventRabbiIsaac of Dampirre's ruling that confessions of adulterywere inadmissible.60 As for the witnesses cited in this question, only the second was deemed admissible by Sirkes. The damning testimony of the first witness, who claimed to have seen the remains of an abortionin the "urine"that was broughtbefore him, was rejected. Thistestimonyis insufficientto substantiate thatshe was pregnant,since it seemshighlyprobable[kerovim that ha-devarim] a physicaleventtookplace throughwhichshebecameweakandsheskippedhermenstrual period,forthis is whatmostoftenhappensto women. Pinning the incriminatingevidence on a medical event, again without any substantiationof the claim beyond his own say-so (even if the woman had skipped her period, could this explain the limbs and sinews found in the discharge?),was an absolutelyaudaciouslegal position.As for the thirdwitness, Sirkesdid not even botherto disqualify him and simply ignored him, presumablybecause the witness could not clarify whetherthe woman reciprocatedthe affections conferred upon her. Left with but one witness, therewas no legal basis to demandthatthe husband divorce his wife. Nevertheless, Sirkeshad a legal loophole to close. Conceivablythe husband could declarethathe believed all the reportsabouthis wife's behaviorand thus declare her forbiddento himself. Not so, ruled Sirkes. Drawinga conclusion from a responsumof Rabbi Joseph Colon (northernItaly,d. 1480), Sirkes asserted that a unilateraldeclarationof this kind could only be made on the basis of the testimony of othersbut not on hearsay.61Moreover,allowing the husbandto prohibithimself to his wife would effectively allow him and othersto divorce theirwives without spousalconsent, an act prohibitedby an ordinanceattributedto RabbiGershom ben Judah(d. 1028).62 In a responsum that reflects judicial daring and the traditionalinclination of Ashkenazic authoritiesto find ways to permit women suspected of adulteryto continue to live with their husbands, Sirkes dismissed the case.63 However, here, 60. Sirkes was probablywell awarethat if he failed to dismiss the rumorin this case then the contradictionbetween the two responsawould have been not simply in characterbut also in content. 61. See Joseph Colon, She'elot u-teshuvot(Venice, 1519), no. 82, who arguedthat a husband can only believe a witness in whom he places complete trust. Sirkes inferredfrom this that a husband may only rely on an actual witness, not on hearsay. 62. Sirkes'ruling was based on the opinion of Rabbi Joseph of Corbeil cited in Haggahot Maimoniyyot,Hilkhot Ishut 24.10. See also Isserles' glosses to Shulhan 'arukh,'Even ha-'ezer 178:9, and Solomon Luria,Responsa, no. 33. 63. Isserlein,Seferpesakimu-ketavim,no. 222, noted that"RabbiMeir of Rothenburgwas very lenient in ordernot to prohibit a woman to her husband even though he generally was stringenthere and stringentthere.""Therefore,"added Isserlein, "we cannot but follow in his path."It could be argued thatthis passage meant thatRabbiMeir was generally stringentin mattersof adultery,but a reading of his responsanos. 8 and 25 in TeshuvotMaimoniyyotimmediatelydispels any such notion. (The allowance in no. 8 was so novel that a copyist could not accept it and added ideas of his own after Rabbi Meir'ssignature.)See too, JacobWeil, She 'elot u-teshuvot(Venice, 1549), no. 8, who noted that "we do not easily prohibita woman to her husband."

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Edward Fram unlike in the previous responsum, he was well awarethat the husbandwas suspicious of his spouse, if not outwardlyhostile to her, and so Sirkes outlined in detail the husband'sfinancial obligations to his wife should he insist either on not returningto live with her or on divorcing her. Permittedto her husband,she enjoyed the full legal and financial protection that the halakhahoffered loyal Jewish wives. Was Sirkes conscious of the change that he had wrought in the law in these two responsa?Few of the legal texts he mustereddemandedsuch readings.He did not admit to being innovative,yet he had manipulatedthe halakhahand added a new stage to its evolution. Why the difference in attitudeand approachto the two cases? Both women were involved in "public sins," that is, misdeeds that many members of the community knew about and believed to be true. Clearly the woman in responsum99 was of no higher moral standingthan the woman in responsum98. She was said to have carousedwith numerousmen, includinglocal non-Jews, seems to have had at least one extramaritallove affair,and then very likely sought out and used abortifacients.Yet in responsum98 Sirkes rejectednumerouspossibilities to allow the woman to returnto her husband.He ignored precedent;he rejectedthe opinion of Rabbi Isaac Dampibrreand the Ashkenazic rabbis who followed his lead about confessions of adulteryand then, by use of no small amountof legal casuistry,expanded Rabbi Meir of Rothenburg'sview regardingwitnesses to "ugly acts" further than anyone else ever had before-all this in an attemptto make it seem as if his most severe critic, Rabbi Isaac Dampierre,would have agreed with his conclusions. Sirkes offered no explanationof his motives in either case, yet an examination of the sources rules out the possibility that he was being strictly and legally objective. His legal discussion and notes suggest a numberof explanationsfor the divergentapproaches. ProscriptiveJurisprudence One of the two importantfactual differencesbetween the two cases was the confession of wrongdoingby the woman in responsum98. The woman in responsum 99 may have been thought to be immoralby others, but she maintainedher innocence. In so doing she opened a window of doubt.The Talmuditself had stated that a witness who was contradictedwas worthless,a theme developed by Rabbi Meir ben Gedaliah of Lublin in rejecting an adulterycharge that came before him.64Rabbi JacobWeil (Nuremberg,d. after 1456) had ruled that if a womandeclared her innocence, her case had to be thoroughly investigated.65There was doubt regardingthe deeds of the woman in responsum99, and Sirkes exploited it to advance a barely plausible argumentto supporther continued status as a faithful wife. There was no such doubt with regardto the woman of responsum98, for 64. BT Kiddushin65b; Meir ben Gedaliah,Responsa, no. 80. See, too, the responsumof Rabbi Eliezer ben Manoahin Isserles, Responsa, no. 16, p. 103, a responsumthatmay not havebeen known to Sirkes. 65. Weil, Responsa, no. 8.

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Two Cases of Adultery and the Halakhic Decision-Making Process she had admittednot only this offense but others as well, and her sins were public knowledge.66 Despite the specific disqualificationof confessions of adulteryby the Mishnah and Rabbi Isaac of Dampibrre,it would not have strengthenedcommunal mores to let a woman widely known to have admittedto being involved in adulterous relationshipssimply returnto her husband-and as a communal rabbithis was a factor that Sirkes had to consider.Although a studentof Sirkes' in Cracow would later note that the laws of fornicationgenerally held firm among contemporaryJewry,a communalleadernewly assuminghis position in Cracowmay have felt the need to be vigilant aboutthe matter.67Then, as now, sexual allurementwas a part of life, and at the very beginning of his tenure in Cracow, Sirkes may not have wanted to convey the message that an adulterouswoman could walk away from her misdeeds on his watch. Sirkes would not have been the first to let such communal concerns influence his decision-making. Rabbi Meir of Rothenburg may have rejectedthe witness andthe rumorin the aforementionedcase of the man whose wife became pregnantduringhis absence, but he ruled thatthe husbandhad to divorce his wife even without her consent. Among his rationaleswas concern for the community:"Thatall women shall take warningnot to imitate your lewdness" (Ezekiel 23:48).68 If Sirkes decided the case on the basis of communal concerns, then he was judging prospectively ratherthan considering the behavior of the accused retrospectively.This obviously raised serious legal, if not ethical, conflicts, yet responsum 98 lacked the immediacyof responsum99.69 Takinga tough stand in a "what if" scenario was hardlythe same as declaring a woman with children an adulteress not entitledto financial support.So long as the husbandin responsum98 wanted to divorce his wife and she seemed to agree, the entire discussion remained a hypotheticalquestion and, as such, a relatively safe forum in which Sirkes could push public concerns. The Welfareof the Children Withoutdoubt, the issue of childrenwas also importantto Sirkes' decisionmaking.The couple in responsum98 was childless. Forcingthem to divorce would have social and economic ramifications for the wife, but she had brought them upon herself. No childrenwould have been harmed.The halakhahitself, as noted 66. Thereis probablyno betterillustrationof the importanceof legal doubtin such mattersthan the case of a thirteenth-centurykohenwho claimed thatwith his earnext to the wall, he heardthe sounds of his wife engaged in sex with anotherman, not once but twice. The wife had never liked her husband, and he had alwayshad to force himself upon her sexually,but she vehemently denied the charges. Rabbi Meir of Rothenburgarguedthatdespite the evidence, she should be permittedto her husband,for he had seen nothing, he had only heard, and evidence must be seen. TeshuvotMaimoniyyot, Nashim no. 8. 67. MenahemKrochmal,She'elot u-teshuvotsemah sedek (Amsterdam, 1675), no. 55. 68. TeshuvotMaimoniyyot,no. 25 (end). 69. George Fletcher,Basic Concepts of Legal Thought(New York:Oxford University Press, 1996), pp. 189-190, has noted the serious legal conflict betweenjudging personalbehaviorretrospectively and deciding in the public interestprospectively.

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Edward Fram above, was far more willing to accept damaging testimony against a childless woman than against one who had children. In responsum99 there were children. Even if Sirkes believed that a marriage,even a fragile if not hostile one, was the appropriateforum for the raising of children, and therefore did his utmost to salvage the marriagefrom a legal perspective,he could not force the couple of responsum99 to continue to live together.Sirkes specifically noted thatthe husband could not be coerced by the court to returnto his wife and maintainedhis rightto divorce her, albeit with her consent. Yet if he refused to cohabit with his wife, he continued to bear responsibility for her financial maintenance(mezonot) as well as for the children.By maintainingthe woman'sinnocence, Sirkes had immeasurably improved her financial situation and thus that of the children over what it would have been had she been declared an adulteress. Beyond the economics of marriage,therewas also a traditionalfear of taintthe ing personal status of the children.As far back as the Talmudthere were concerns that if a woman was declared unchaste, people would assume that her children, even though born in wedlock well before any claims of sexual impropriety againsttheir mother,were the offspring of illicit sexual relationships.70Socially if not legally tainted,they would have difficulty marryinganyone but other children of dubious personal status. Rumorssurroundingpersonalstatuswere no small matterin EasternEurope in the era we are discussing. During Sirkes' youth, charges of impure family lineage had been made against no less a family than that of Rabbis JudahLeb ben Bezalel and Hayyim ben Bezalel, the Maharalof Pragueand his brother.According to Rabbi Solomon Luria, who staunchly defended the honor of the brothers' family, labeling someone a nadler (a needle or pin-maker)was even worse than calling him or her a bastard,for it cast a pallid shadow not only on the individual but on the entire family.71The Maharalwas so perturbedby the claims againsthis family that he petitioned the leadership of Polish Jewry to prohibit such slurs in the most severe terms.72 So serious was the affrontthatin at least one case the fam70. See BT Yevamot24b with Rashi'scomments. Others,includingRabbiIsaacAlfasi (on Yevamot 24b) and Maimonides,Mishneh Torah,Hilkhot sotah, 2:13, understoodthe concern of the Talmud as applying to children from the marriageof the woman and her paramour.They understoodthat the issue did not relate to bastardybut to a tarnish on personal status. See Moses Namanides, Hiddushei ha-Ramban,Yevamot,ed. SamuelDickman(Jerusalem:MachonTalmudha-Yisraeliha-Shalem, 1987), pp. 83-84. 71. Luria,Responsa, nos. 12, 101. Responsum 11 in the collection deals with an informerand mentions him by name. Due to opposition to including the informer'sname in print,the page of the responsum was republishedwith only an anonymousreferenceto him. In reprintingthe page, the editors reproducedthe end of responsum 11 without the offensive passages and then concluded the responsum. The next responsum is number 13; number 12 is wanting. See IsaacYudlov,Sefer ginze Yisra'el (Jerusalem:Jewish National and University LibraryPress, 1984), no. 752. The omission of responsum 12 may have been unintentional,but it may equally well have been an attemptto avoid furtherdiscussion of what must have been a most unpleasantscandal. On the term nadler, see Pinkas va 'ad 'arba arasot, ed. IsraelHalperin,revisedby IsraelBartal,vol. 1 (Jerusalem:MossadBialik, 1990),no. 9 (1558), with Halperin'snotes. 72. Luria, Responsa, no. 101 (the testimony was given in court in 1572); Pinkas va 'ad arba' arasot, no. 9 with notes.

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Two Cases of Adultery and the Halakhic Decision-Making Process ily whose name had been besmirchedwent to a rabbinic court demanding that it punishthe slanderer.73Nevertheless, such tauntsdid not cease in the sixteenth century,and in 1623 the LithuanianCouncil prohibitedmatchmakersfrom casting aspirationson the lineage of families.74Probablywell awarethatrumorscould prove disastrousto the family's social standing and to the future of the children of the couple in responsum99, Sirkes workedhardto clear their names. If in responsum99 Sirkes reevaluatedthe halakhahin light of the interests of the children,then the case was decided, at least in part, on the basis of values that were part-and-parcelof the legal orderbut beyond the doer-suffererrelationship. As a result, the husband'scase in responsum 99 was not judged on its legal merits. His accusationsagainsthis wife were probablyin consonance with the values of contemporaryPolish and Jewish society, and if he knew Sirkes' views from responsum98, he had every right to expect that Sirkes would rule in his favor. Instead the husbandwas forced to pay the price, literally,for the greatergood of his children'spersonal status. Values beyond the directdoer-suffererrelationshippropelled Sirkes to favor one of the litigantsat the expense of the other.Unjust?Perhaps.Immoral?Not from Sirkes'perspective.Responsa 99 reveals that,for Sirkes,the correctlegal decision had to be informed not only by the rules governing the doer-suffererrelationship but by other values from within the halakhic orbit.75A halakhic notion from beyond the immediatearenaof the conflict was in "directengagement"with the merits and demerits of the case and ultimately affected the legal decision.76 By contrast,responsum98 shows few signs of such halakhicprobity. A MaturingJurist As noted, responsum99 is not dated,but it demonstratesso much more legal fortitudeand daringthanresponsum98 thatone can only conclude that it is the work of a more maturehalakhist,one who was confident in his pronouncements and legal assertions, so much so that he was willing to permit what at first glance appearedto be prohibited.77 Does responsum 99 show a development of Sirkes' social thought, or a greaterwillingness to advancesocial positions thathe may have held for some time but had once hesitated to act upon? In an earlierresponsum, Sirkes admittedthat over the years he had developed greatersensitivity to the financial hardshipsconnected with religious observance,and that this had led him to take a lenient posi73. Luria,Responsa, no. 101 and his Yamshel Shelomoh, Baba Kamma (Prague, 1616-18), 8.54. Already in talmudictimes slanderwas considered actionable(see BT Kiddushin28a). 74. Pinkas ha-medinah,ed. Simon Dubnow (Berlin:Ajanoth, 1925), no. 36. 75. Preventionof bastardywas a recognized legal criterion, particularlybut not uniquely in questionsof bills of divorce, as a searchthroughthe Bar-IlanResponsa ProjectCompactDisc (ver. 6.0) for the phrase"marbehmamzerimbe-Yisrael"will show. 76. The use of the phrase"directengagement"in this context follows Weinrib,Idea of Private Law, p. 25.

77. In light of the citation of Mintz in responsum 100 and the failure to cite him in responsum 99 (see above n. 58), it would seem reasonableto posit that responsum 99 was written between 1619 and 1629.

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Edward Fram tion in a matterin which he had earlierbeen stringent.78Perhapsafteryears of being a rabbiandjudge he had softened his views on punishing adulteressesor simply had become more sensitive to the Ashkenazic tradition.Still, the timing of responsum 98 in terms of Sirkes' rabbiniccareermust also be considered. Responsum 98 was writtenjust as he succeeded his teacher,Rabbi Phoebus, as the chief rabbi of Cracow,probablythe most importantrabbinicpost in all of Poland in the first half of the seventeenthcentury.79At first glance, this may give the illusion of strength,but Sirkes was a public servantwho hadjust takenup his post and had to answer to the laity who had hired him. During his careerhe had several turbulentrelationshipswith membersof the laity.According to legend, adversarieshad forced him to leave a previous rabbinicpost, and his son's introduction to Sirkes' commentaryon the Turmade specific mention of enemies who had troubledhis father.8sAlthough Sirkeswas a recognizedhalakhicauthorityof some staturebefore his arrivalin Cracow,he had publishedbut one book priorto 1619, and that a biblical commentary.81His multi-volumecommentaryto the Tur,which would become a standardfixture along the marginsof the printedtext, did not appear until the 1630s. Sirkes had studentsbefore his arrivalin Cracow,but it was in the larger urban center of Cracow that his fame as a ro 'shyeshivah was embellished.82In addition,his studentshad not yet assumedthe mantleof leadershipthat they would in Sirkes' final days. In 1619 he was still not the dean of Polish rabbis to whom rabbis meeting in the Council of Four Lands would turn for an opinion 78. See Sirkes,Responsa (new), no. 23. The responsumis dated 1611 at BeIz, where Sirkesheld a rabbinicpost. 79. See Majer Balaban,Historja Zyd6w w Krakowiei na Kazimierzu,1304-1868, vol. 1, 2nd ed. (Cracow:Nadzieja, 1931), p. 499. 80. See Yehiel Zunz, 'Ir ha-sedek (1874; reprinted.,Jerusalem:Zion, 1970), p. 68; Mordecai Kosover,"R.Yoel Sirkes (ha-Bah),"Bitzaron 14 (1946): 25; Samuel Mirsky,"R.Yoel Sirkes Ba'al haBah),"Horeb 6, no. 11 (1941): 43; and Schochet, RabbiJoel Sirkes,p. 43. The introductionto Sirkes' commentaryon Tur,'Orahhayyim, was writtenby Sirkes' son Samuel Zebi, after the death of his father. ProfessorYaakovSussmannhas pointed out to me a story about Sirkes in S. Y. Agnon's "Shenei talmidei hakhamim she-hayu be-'irenu," in Samukhve-Nir'eh (Tel Aviv: Schocken, 1964), p. 42, in which one of the protagonistsblurts out, "AndI, thank God, my livelihood is at hand and my shrouds are ready for me. If so, what do I have to worry about?They won't take me out on a garbagecart as the people of Betz did to their rabbi,our teacherthe Bah, of blessed memory,whom they took out of town on Fridaynight after midnight."I do not know the exact source of Agnon's remarks,but various legends told by both the Jews of Betz and the Belzer hasidim recounta serious rift between Sirkes and the local communal leadership. See, for example, Hayyim Holzman, "Le-toledotehashel Belz," in Belz: Sefer zikkaron(Tel Aviv: Irgunyoze'ei Belz ve-ha-sevivahbe-Yisra'el, 1974), pp. 26-27, a story that attributesthe poor taste of the local water to a curse that Sirkes placed on the town, and, only slightly less harsh, Israel Klapholtz,AdmoreBelz (Bnei Brak: Pe'er ha-Sefer, 1972), pp. 23-24. If Sirkes indeed experienced harassmentthat included slander,his aforementionedcomments about the social ill of rumor-mongeringin his generationare that much more understandable. 81. Halakhicquerieshad alreadybeen addressedto Sirkeswell before his arrivalin Cracow.By 1611, if not earlier, other rabbis had asked him to decide in the matterof a woman who had been an agunah for about five years. See Sirkes, Responsa (old), no. 82. 82. Sirkes did have students before his arrivalin Cracow.He notes in his introductionto his commentaryon the Book of Ruththathis studentshad for years pressuredhim to write down his ideas. Joel Sirkes, Sefer meshiv nefesh (Lublin 1617), p. 8b.

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Two Cases of Adultery and the Halakhic Decision-Making Process on a matterof divorce and agree to be bound by his decision.83At this stage of his tenure in Cracow,when he had just arrived,it seems unlikely that Sirkes was so daringas to allow the returnto her husbandof a woman who had admittedto extramaritalaffairs and was publicly known to be promiscuous.84Some years later, however,Sirkes was well establishedas one of the leading rabbisof the age. Living in a society where personal status was crucial both to marriageand to standing in the community,Sirkeswas faced with a case thathad only overtones of bastardy.He evidenced no self-doubt or hesitation, baldly reinterpretingthe law in orderto clear the woman's,and ultimatelythe children's,names.85 At the end of responsum98 thereis an editorialnote writtenby Sirkeswell afterthe responsumwas sent:"Aneventthattook place when I arrivedin the holy communityof Cracowat the end of the year 5679 [late summer1619]."86The addendum has absolutelyno bearingon the halakhicargument,and one is left to ponderwhy Sirkesbotheredto add it. Could it be thattowardthe end of his life, when, as a mature halakhist,he was reviewing his responsa for publication,he saw that this responsumwas out of sync with his currentthoughtand felt the need to explain?87 A year before Sirkes' death, in 1639, the volume of his magnum opus, the Bayit Hadash, on marriageand personal status, was first published in Cracow.In it, Sirkes tendereda lengthy analysis of the question of witnesses to "ugly acts" and rumors in adultery cases. Again he championed the view of Rabbi Meir of Rothenburgagainst the claims of Isserles, Katz, and Luria, but here he was far more circumspect.He acknowledgedthatAlfasi and others had ruled differently, and that a husbandcould claim that he accepted these views and remain with his wife, but Sirkeshimself continuedto be of a differentmind. He ruledthat"we cannot be lenient against Rabbi Meir of Rothenburg,"and therefore,where there are two witnesses to an "ugly act" and an ongoing rumor,the husbandshould be told thathe must divorce his wife.88 83. See Sirkes, Responsa (old), no. 91, an event that took place in 1632. 84. Lay resistancecould certainlyalterthe judicial decisions of even the most rigorous clergymen, as a young Richardde Clyve found out in thirteenth-centuryFrance.De Clyve had spent most of his life in a cloister, but when he emerged to serve as a religious leader in the "outside world,"he was forcedto alterhis views. See CharlesDonahue,Jr.,"TheMonasticJudge:Social Practice,FormalRule, and the Medieval Canon Law of Incest,"Studia Gratiana27 (1996), 49-70. 85. It is entirelypossible thatthe woman in responsum99 and her family were persons of substance and standingin the contemporaryPolish Jewish community,and that Sirkesfelt pressuredto advance her interestsat the expense of her husband.Social, financial, and political status certainly influenced the outcome of adulterycases in contemporarynon-Jewish society both in Poland and beyond. See CarolynRamsey, "Sex and Social Order:The Selective Enforcementof Colonial AmericanAdultery Laws in the English Context,"YaleJournal of Law and the Humanities 10, no. 1 (Winter 1998): 220-221, and Moryson, Shakespeare's Europe, p. 88. However,the parties involved in the cases before Sirkes are unidentified,and there is no textual supportfor such a reading. 86. Many of Sirkes' responsa are dated as part of the original response. This is the only case that I am familiarwith in which he addedthe date as a postscriptwell after having writtenthe original letter. 87. At the beginning of responsumno. 44 (old), Sirkes referredhis readerto ideas that he wrote "in the previous responsum."This shows that he not only reviewed his responsa with an eye towards publicationafterhaving sent them but also decided on the orderof at least some of the collection. 88. Sirkes, Bayit hadash, 'Even ha-'ezer 11.

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EdwardFram Sirkesmade no mentionof a farbolder andmore questionableinterpretation of Rabbi Meir of Rothenburg'sview that he had advocatedsome years earlieron his arrivalin Cracow.Unable to change what was, Sirkes left a brief, almost enigmatic note at the end of responsumnumber98 to explain the circumstancesof his decision and thus the contradictionwith the very next responsumin the collection. As RobertCover astutelyobserved,"Toknow law-and certainlyto live the law-is to know not only the objectified dimensionof validation,but also the comThe commitmentsthat moved Sirkes in mitments that warrantinterpretations."89 responsa 98 and 99 were very different.In each case they outweighed any formalistic legal claims andpushedhim to interpretthe law in new and daringways. They show thatthe outcome of two adulterycases dependedon interestsbeyond the formal dictates of the law, among them the self-confidence of the jurisprudent. EdwardFram Ben-GurionUniversity of the Negev Be'er Sheva, Israel 89. Robert Cover, "Nomos and Narrative,"reprintedin his Narrative, Violence,and the Law. TheEssays ofRobert Cover,ed. MarthaMinow et al. (Ann Arbor:Universityof Michigan Press, 1993), p. 146.

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"Arab Chains" and "The Good Things of Sepharad": Aspects of Jewish Exile Author(s): Marc Saperstein and Nancy E. Berg Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 301-326 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131699 . Accessed: 17/07/2011 14:06 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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AJS Review 26:2 (2002)

"ARAB CHAINS"AND "THE GOOD THINGS OF SEPHARAD"* Aspects of Jewish Exile

by Marc Saperstein and Nancy E. Berg The following article has emerged from an experimental,interdisciplinary course, co-taughtby the authorsin the fall of 1996, entitled "Exile: Jews, Literature,and History."Fromthe dozens of primarytexts used in the course, we have selected six to illustratethe literary-conceptualanalysis employed. Beyond the intrinsic aesthetic appeal of the passages, they have been chosen to exemplify the diversityof relevantmaterial:in genre (poetry,disputationaland homiletical literature,drama,fiction, memoir), cultural-historicalcontext over the past millenium (Muslim and ChristianSpain,easternEurope,twentieth-centuryEgypt and Israel), community(Sephardic,Ashkenazic,and Middle EasternJews) and languageof authorship(Hebrew,Arabic,andEnglish). Startingwith one of the most familiartexts of post-biblicalJewish literature,we move in the modernperiod to decidedly lessknownworks, challengingsimplistic assumptionsabout"canon"in researchabout the Jewish past. The juxtapositionof pre-modernand modern texts is intended to highlightboth the continuitiesand the rupturesbroughtby the twentiethcentury.* While the word exile has unmistakablynegative connotationsin the English language, its Hebrew equivalent,galut-or in the Ashkenazic and Yiddish pronunciations,golus-is even bleaker,evoking associations with a dismal reality all but devoid of redeemingcharacteristics.There is a geographicalcomponent:Jews forciblydisplaced from their ancestralhomeland,scattered,dispersed,wandering, homeless, unable to find rest. In addition,the word suggests subjugationand oppression at the hands of the Gentile nations;as a classic study formulatesit, "persecution, outrage, and injustice from which specious privileges give no relief."' There is a psychological element as well. Galut suggests feelings of shame, humiliation, and suppressed anger before the taunting of enemies and rivals, so poignantly expressed in the mocking challenge of the Babylonian conquerors: * The authorswould like to express their gratitudeto the William T. Kemper Foundationfor sponsoringthe Faculty Awardprogramat WashingtonUniversity in St. Louis that supportedthe development of this course. 1. Yitzhak Baer, Galut (New York:Schocken, 1948), p. 10. Cf. Arnold Eisen, Galut: Modern Jewish Reflections on Homelessness and Homecoming (Bloomington: Indiana University Press, 1986),

p. 99, characterizingYehezkelKaufman'smonumentalGolah ve-Nekhar:galut is "a set of interrelated processes that includes hurban(destructionof the Temple and,by extension, of the Jewish community), subjugation,wandering,confinement to ghettos, and (the most recent development)assimilation."

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Marc Saperstein and Nancy E. Berg "Sing us one of the songs of Zion" (Ps. 137:8); feelings of guilt because of the sinfulness that, in accordancewith the terms of the covenant brutallyenunciatedin such passages as Leviticus 26 and Deuteronomy 28, initiated the exile and prolonged it. And there is a theological dimension; as one celebratedJewish preacher put it, "the essence of our exile, that which pains our souls, is the departureof the holy spirit from among us, leaving us unableto sense the presence of our Creator;that is the ultimate anguish and burdenof exile."2This negative ambienceof galut in traditionalJewish literaturehas been highlighted and accentuatedby influential Zionist writers, who used it as a foil to delineate all that they rebelled against, the antithesis of their goals and aspirations.3 While there is little question about the authenticityof such associations, the actual treatmentof exile in Jewish literarytexts reveals aspects more nuancedand multivalent.The familiargeographyof the traditionalconcept-exile as forcedremoval from the land of Israel, and the end of exile as returnto that land-is occasionally subverted in unexpected ways. Perhapseven more surprisingis a revalorization of the concept, in which living in the ancestral homeland is no longer automaticallyidentified as good, and living outside the land as bad. The threepremodern and three modernpassages that follow illustratesome of the stunningand perhaps surprisingpermutationsof this centralconcept. 2. JonathanEybeschuetz, Ya'arotDevash (Jerusalem:Lewin-Epstein,1968), 2: 74a. This is not to deny that rabbinic literaturecontains statements recognizing the potential advantages of demographic dispersion among the nations, whetherfor securityreasons (e.g. Genesis Rabbah76,3 on Gen. 32:9) or to attractproselytes from among the nations (e.g., b. Pes. 87b on Hos. 2:25), or thatmedieval Jews used such statementsto develop theories of exile as providingopportunitiesfor atonementor even special mission. See Shalom Rosenberg, "Exile and Redemption in Jewish Thought in the Sixteenth Century:ContendingConceptions,"in Jewish Thoughtin the SixteenthCentury,ed. BernardDov Cooperman (Cambridge: HarvardUniversity Press, 1983), pp. 399-430. Nevertheless, such statements seem anomalousand marginalin rabbinicliterature,as they are far outweighedby materialsuch as that presented in Bialik and Ravnitzky's Sefer ha-Aggadah (Hayim Naman Bialik and YehoshuaHana Ravnitzky, The Book of Legends [New York:Schocken, 1992], pp. 377-86). Note the conclusion of Isaiah Gafni, after reviewing all the rabbinicsources: "However,despite the statementswe have cited, and especially the traditionin Pesahim 87b attributedto R. Eliezer, it does not seem that the idea of mission to the Gentiles acquiredprimarystandingin the totality of what the sages said about the reasons for the dispersion.""Onesh, Berakhaho Shelihut: Ha-Pezurahha-Yehuditbi-Ymei ha-Bayit haSheni u-vi-Tequfatha-Talmud,"inAharonOppenheimeret al., eds., Ha- YehudimBa-Olam ha-Helenisti ve-ha-Romi (Jerusalem:MerkazZalman Shazar, 1996), pp. 246-47. 3. E.g. A. B. Yehoshua'scharacterizationof galut as "a nationaldisaster,a temporarysituation, a fall, and the root of all evil." "Exile as a Neurotic Solution,"in Diaspora: Exile and the Contemporary Jewish Condition, ed. Etan Levine (New York,Jerusalem,Tel Aviv: Steimatzky,1986), p. 22. For examples of other Zionist writers on exile, see Joseph Brenner,"Self-Criticism,"in The Zionist Idea, ed. ArthurHertzberg(New York,Atheneum, 1975), pp. 307-12, esp. p. 310; Jacob Klatzkin,"Boundaries," in Hertzberg,pp. 316-27, esp. pp. 322-23; and the position taken by the characterYudkain Haim Hazaz's "The Sermon,"in Modern Hebrew Literature,ed. Robert Alter (New York:Behrman House, 1975), pp. 271-87, esp. pp. 279-82. It has been noted that some extreme Zionist characterizations of Jewish life in the Diaspora have much in common with the literatureof late-nineteenthcentury and twentieth-centuryantisemites. This case was made in 1934 (in a Zionist context) by Yehezkel Kaufman,"The Ruin of the Soul,"reprintedin ZionismReconsidered:TheRejection of Jewish Normalcy, ed. Michael Seizer (New York:Macmillan, 1970), pp. 117-29, and has been furtherdeveloped by contemporaryscholars.

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"Arab Chains" and "The Good Things of Sepharad" 1. The first text is one of the most famous poetic creations of JudahHalevi: My heartis in theEast,andI at theedgeof theWestHowcanI tastewhatI eat?HowcanI enjoyit? HowcanI fulfillmyvowsandmybonds,whileyet Zionis in Edom'sdomain,andI in Arabchains? It wouldbe easyforme to leavebehindall thegoodthingsof Spain,as It wouldbe preciousforme to beholdthedustof thedesolateShrine.4 The six lines of the poem (actually three long lines, each composed of two hemistiches) can be divided into two sections. The first, containing the first four lines, is constructedin a syntacticchiasmus. Lines 1 and 4 both express situations of contrast,disjunction,distance:East versus West is paralleledin line 4 by Edom (the realmof Christendom)versustheArab(the world of Islam).The poet's "heart" versus "I"--his physical body-is paralleledin line 4 by "Zion"versus "I."Lines 2 and 3 express the poet's reactionto this situationin the form of three rhetorical questions, each beginning with a form of the Hebrew word "how?"The first two, eikh, evoke an analogous rhetoricalquestion in response to the Babylonian captors' mockery:"How can we sing the Lord'ssong in a foreign land?"(Ps. 137:4). The third,eikhah, resonates with the opening word of the Book of Lamentations, the paradigmaticresponse to the catastropheof Jerusalemconquered. In Halevi's poem, the tension is more internal:between the expectations of normal life-that the taste of good food will be enjoyed, that serious obligations freely undertakenwill be fulfilled-and the poet's assertion that these expectations of normalcy are confounded under present circumstances. Like the question in Psalm 137 just cited, the rhetoricalquestions are ambiguous. They could refer to an objective condition, meaning, "Even good food tastes bland to me, and I am unable to fulfill my vows." Or they could reflect the poet's inner conflict, meaning, "The food actually does taste good, but I should not be enjoying it; I should not be fulfilling my normal obligations, although I do." Both readings of the first line contradictthe wine poems that were a common genre in the writing of the poet's colleagues, and of Halevi himself, poems that celebrate the pleasures of good food and drink.The second reading, which may well produce 4. The translationis based on SelectedPoems ofJehudahHalevi, trans.Nina Salaman(Philadelphia, 1928),p. 2, and ThePenguinBook ofHebrew Verse,ed. andtrans.by T.Carmi(Philadelphia,1981), p. 347, with modifications; Carmi's"domain"in line 4 expresses the ambiguity of the Hebrew ?"n, which means both "territory"and "rope"(an ambiguity pointed out to us by Nehama Aschkenasy). Note the much freer translationin David Aberbach,RevolutionaryHebrew,Empire and Crisis (New York:NYU Press, 1998), p. 111, which loses some of the nuances of the Hebrew,especially in the last two lines: "I'dlightly leave the good of Spain/ to see the Temple'sdust again."The first line of the poem is one of the best known in Hebrewpoetry to Israelis;note the ironic misappropriationof this line in a modernIsraelidrama,when a survivorof the Holocaust eking out his existence in the newly established Jewish State misquotes, " 'I sleep in the East. My heart is in the West.'Rabbi JudahHalevi, if I'm not mistaken... " (Ben-Zion Tomer,"Childrenof the Shadows,"in Israeli Holocaust Drama [Syracuse: SyracuseUniversityPress, 1996], p. 175).

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Marc Saperstein and Nancy E. Berg a stronger poem, echoes the conclusion of an early wine poem by Dunash ibn Labrat:"Even as you rejoice, jackals run wild in Zion; Then how can we drink wine?"5The third question is more serious. "Vowsand bonds,"a Biblical phrase (Num. 30:5,6), possibly intended to evoke the beginning of the Yom Kippurformula Kol Nidre ("All vows and bonds ... "), conveys both religious obligations to God and the contractual obligations of economic exchange. The implication is that in exile, all normal life is insipid, paralyzed,or hypocritical.6 The assertion in line four of the poem requires considerationof historical context. "Zion is in Edom'sdomain,"the standardmedieval Jewish code name for Christendom,applies to the period following 1099 (and ending in 1187, though Halevi died in 1141), when the CrusaderscontrolledJerusalem."I in Arabchains," together with "I at the edge of the West,"show that the poet is writing in Muslim Spain. It is significant that Halevi used this phraseto describe his situationbefore the Almohad invasionof the 1140s devastatedthe Jewish communitiesof Andalusia. This poem was written duringa period of relative tolerance, in which Jewish communities flourishedand culturethrivedunderIslamic auspices. While this was by no means an idyllic environment,7Halevi's own success in so many realms professionally (as a physician), economically, and culturally:as poet, theologian, and teacher-underlies what must have been a surprisefor his readersin the formulation, "I in Arab chains." This surprise is heightened by the very next line with its evocation of "all the good things of Spain,"suggesting a characterizationof AndalusianJewish life in strongtension with "Arabchains."Thattension is never fully resolved.The second unit of the poem, comprising the final two lines, seems more like a wistful fantasy than a resolute plan. We note again the parallelismat the beginning of the two hemistiches, linked by the conjunctionkemo and reinforcedby the assonance of the Hebrew verbs yeqal and yeqar, setting up a comparison that is not repro5. See, for example, Halevi's wine poem in Hayim Schirmann,Ha-Shirah ha-Ivritbe-Sefarad u-vi-Provans(Jerusalem:Mosad Bialik, 1961), 1:433: "fromits mouth [of the bottle] I taste the goodness of its fine fruits":'nni~n'~10unrvuxK lnal. For Dunash ibn Labrat's"The Poet Refuses an Invitation to Drink,"see Carmi,p. 280. (There appearsto be a lot more ambivalencein that poem towardthe pleasures of life in exile than the final lines would indicate.) This is not to suggest that Halevi is rejecting in this line the Arab style of poetic writing in general, a theme to which we will return. 6. Schirmann(1:489), followed by Carmi (p. 347) explains this as "the vow he made to emigrate to the land of Israel,"but this seems implausiblefor several reasons. First, the phrase,with both nouns in the plural, is more likely to refer to many obligationsthan to a single vow. Second, the parallelism between lines 2 and 3 suggests that line 3 also applies to life in Spain, not to the possibility of leaving Spain. Finally,"Arabchains"could not have preventedhim from leaving Spain, for Jewish merchants traveled on the Mediterraneanall the time. As for Crusadercontrol over the Holy Land, why would he have made such a vow if the Crusaderconquest had alreadymade it impossible for him to fulfill it? 7. S. D. Goitein, A MediterraneanSociety, vol. 5: TheIndividual(Berkeley: University of California Press, 1988), p. 450: "It was a time of extreme urgency.Constantand gruesome warfarewas going on in Spain. ... The feelings of impotence in the absence of any signs of relief were dangerous forebodings of despairand loss of faith."Goitein illustratesthe success and pre-eminentreputationof Halevi on pp. 448 and 467; cf. Ross Brann, TheCompunctiousPoet (Baltimoreand London:The Johns Hopkins University Press, 1991), p. 85.

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"Arab Chains" and "The Good Things of Sepharad" duced in the common translations."It would be easy" just as "it would be precious." But the endings of the lines bring the readerback to the contrasts established in lines 1 and 4: "all the good things of Spain,"versus "the dust of the desolate Shrine."The power of the statementlies in the reversal of expectation: "all the good things of Spain"have little value for the poet, "dust"and "desolation"are somehow precious.8 How does this poem relate to the conception of exile as an unmitigateddisas aster, uncompromisinglybleak?And what are we to make of the poet's personal stance with regardto the continuationof his life in exile? This cannot unambiguouslybe determinedfromthe poem itself; additionalinformationis necessary. If "I in Arab chains"means thatthe poet was actuallywriting from prison,9 and if "Zion in Edom's domain"suggests that the ChristianCrusadersprohibited Jews from setting foot in the Holy Land,the poem would be a lament for the constraints that made it impossible for him to undertakethe journey to Jerusalem.But while this readingcannotbe excluded on strictlyinternalgrounds,abundantexternaldata confirm that neither Halevi personally, nor Jews in general, were physically or legally preventedfrom leaving Spain to journey eastward.This suggests a reading closerto whatA. B. Yehoshuacharacterizedas a "neurotic"choice'0: the poet yearns for Jerusalem,theoreticallyrejects life in galut, yet remains where he is, perhaps despising himself for continuingto enjoy the "good things"thathe claims it would be so easy to abandon.Read in this way, the poem contains no obvious manifesto for personalaliyah, and certainlynot for a mass movement;to the contrary,it appears like an anguisheddescriptionof resignationto a conflicted status quo. Yet we know that Halevi did indeed leave Spain with the intent of reaching Jerusalem.Shouldthe poem be interpretedin the contextof the poet'sactualdecision to seek outthe "desolateshrine"in the East?Sucha readingmay takethe poem to express both a yearningfor home and a forceful repudiationof an accommodationto galut, even when conditionsare relativelybenign.The poet lived in a periodof culturalflourishingin MuslimSpain,in which he, personally,reacheda pinnacleof success, yet he rejectedit all, refusingin this poem to recognizeanythingof value in his Andalusianenvironment.Accordingly,life in exile is indeeda disaster,the Jew in the Gentileenvironmentis an outsider,an alien, incapableof finding fulfillmenton the most significantlevel. And at least one Jew was able to drawthe consequencesand act accordingly,revealingwhatwas possibleif only otherJewshadchosen similarly.'1 8. CompareMoses ibn Ezra in Schirmann,1:380: "O lend him thy wings, That he may fly unto his loved ones and rejoice in the dust of their land,"referringnot to the Holy Land but to Andalusia. 9. As, for example, was Menaem ibn Saruk:Schirmann,1:8-30. 10. See the essay cited above in n. 3, and compare the statementof Otto Weiningerin Joshua Sobol's play discussed below. 11. Thus Halevi becomes a kind of proto-Zionist,whose activist decision to abandonthe Diaspora has messianic significance and pre-figures the aliyah of Zionists in the late-nineteenthcentury. See Benzion Dinur," 'Aliyato shel RabbiYehudahha-Levi le-Eres Yisra'el ve-ha-Tesisahhe-Meshihit bi-Yamav,"in Be-Ma'avaq Dorot (Jerusalem: Mosad Bialik, 1975), pp. 202-31; Franz Rosenzweig, commenting on this poem, wrote that "the lonely yearning of Halevi's soul is the first beacon of the new movement,a movementthat carriesinto the presentday"(Ninety-TwoPoems and Hymns of Yehuda Halevi [Albany:SUNY Press, 2000], p. 235). This view tends to overlook the strong quietistic atti-

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Marc Saperstein and Nancy E. Berg This paradigmaticrejectionof galut is not so simple, however.First,it is importantto note thatthe poet concedes there are indeed "good things"in exile. Food generally does taste good, even in Muslim Spain; "vows and bonds" are made all the time, and most Jews do (and indeed should) fulfill them. The presentationof galut in this poem is not totally bleak. Furthermore,if we incorporateHalevi's later decision into our reading of the poem, we must include also the poems written while aboardship on his journey eastward.These poems give the lie to the rhetorical claim, "It would be easy . . " and suggest that its syntax may hint at ambivalence and uncertainty.Some of the sea poems echo, in greaterdetail, the willingness or even eagerness to abandon good foods, possessions, and wealth.12 But othersexpress a deep sense of loss: for home, family,friends,disciples, an ordered religious life with synagogue andacademythatwas not only comfortablebut rather attractive.13What is being abandonedin these poems does not seem at all to be a description of "exile" as commonly understood.Indeed,in a climactic passage of the Kuzari, Halevi uses the term "exile" to characterizethe decision to leave behind a comfortablelife in the Diasporaand to bravethe dangersof a journey to the Holy Land.14 Leaving Spain for Jerusalemis a self-imposed exile, a pilgrimage of suffering sacrifice with atoning power-an idea more commonly associated with Christianthought than with Jewish discourse (although Halevi was not unique in this regard).'5 One might argue that this decision could be considered at least as "neurotic"as the decision to remain. There is one otherelement of Halevi's ambivalence.While his poem is written in the Hebrew language, like the otherAndalusianJewishpoets of his own and tude towardmessianism-that bearing exile and degradationwith patience and humility is the key to redemption-evidenced in much of Halevi's writings;as expressedby YitzhakBaer: "to sufferhumbly and be patient is the mission of the Jews in the Galut"(Galut, p. 31). Forthis theme in Halevi'sworks, see Kuzari,V, 115 (trans.Hartwig Hirschfeld [New York:Schocken, 1964], p. 79); Schirmann, 1:467. 12. E.g. Schirmann,1:503, lines 9-10. Cf. SidraDeKoven Ezrahi,Booking Passage: Exile and Homecomingin the ModernJewish Imagination(Berkeley:Universityof CaliforniaPress, 1999), p. 41, on the ambivalenceof such passages in Halevi's poetry. 13. E.g., Schirmann, 1:501, lines 2-9: the proclamations"I will not weep over ... , I will not remember... , I will almost forget ... " are clearly protestingtoo much; cf. also 503 lines 11-12, and Goitein, 5: 467: "[in Spain] he found rest in the houses of study and prayer,enjoyed his Sabbaths,festive holidays, and glorious Passovers;he loved his family; cultivatedan endless circle of worthyfriends; and,last but not least, was successfully within his medical profession and,consequently,enjoyed a satisfactory economic situation". 14. KuzariV, 23 (trans.Hirschfeld,p. 293): "He is supportedby the saying of the Sages, 'Exile atones for sins' (b. Makkot2b), especially if his exile brings him into the place of God's choice." 15. JoshuaPrawer,TheHistory of the Jews in the LatinKingdomofJerusalem (Oxford:Clarendon Press, 1988), pp. 145-46, notes the anomaloususe of "exile"and suggests parallelswith the Christian doctrineof atoning pilgrimage as articulatedby Bernardof Clairvaux.ElhananReiner has shown that many subsequent Jewish "pilgrims"to the Land of Israel thought of their dangerousjourney as having atoning power:cf. Haviva Pedaya,"Eres shel Ruah ve-Eres Mamash:R. Ezra, R. Azriel ve-haRamban,"in Eres Yisra'el ba-Hagutha-Yehuditbi-Ymeiha-Beinayim,ed. Moshe HallamishandAviezer Ravitzky [ Jerusalem:YadBen-Zvi, 1991], p. 246. Othercontemporariesof Halevi, includingMoses ibn Ezra, Abrahamibn Daud, and Moses Maimonides, also used the word galut to refer to the forced abandonmentof Muslim Spain. But the use of this word for ajourney from Spain to the Land of Israel is quite an extraordinaryreversal.

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"Arab Chains" and "The Good Things of Sepharad" previous generations,he followed an Arabic rhyme scheme and an Arabic metrical system.Not only this, but the very contentof the poem appearsto be influenced by the Arabicpoetry of nostalgia and longing for a distantplace. In some of these poems, the site of fond memories--often a campsite-is now abandonedand in ruins;in others it is beautifulyet unattainable.A strikingapplicationof this topos to a personalsituationin Muslim Spainwas writtenby Abd ar-RahmanI, survivor of the Umayyad dynasty,who establishedhimself in Andalusia after the Abbasid seizure of power in the East: A palmtreeI beheldin Ar-Rusafa, Farin theWest,farfromthepalm-treeland: I said:"You,likemyself,arefaraway,in a strangeland; HowlonghaveI beenfarawayfrommypeople! Yougrewupin a landwhereyou area stranger, Andlikemyself,arelivingin the farthestcornerof the earth.16 Indeed,the sense of exile and alienation is considerablystrongerin this than it is in Halevi'spoem, for the Arabrefugee rulerrecognizes no "good things" in Spain, and does not have the option of returningto the East. In short, Halevi's poetic repudiationof the "GoldenAge" is formulatedin ways that reflect the Arabic ambience he claims he would readily abandon.Perhapsthis, ratherthan any legal subservience or oppression, is the meaning of the "Arabchains"he bemoans. But as he continuedto writethis style of poetryeven on hisjourney,it is not clearhe would have maintainedthat he had left all of the "Arabchains" behind."7Halevi's poem shows no way to leave the exile at present.At best, he might substitute one form for another. The second passage to be considered comes from a text that has been the subject of considerable scholarly investigation in recent years: Nahmanides' account of his "Disputationat Barcelona"with the apostate Paul Christian.

16. A. R. Nykl, Hispano-ArabicPoetry (Baltimore:J. H. FurstCo, 1946), p. 18; on Ar-Rusafa, cf. JaroslavStetkevych, TheZephyrsof Najd: The Poetics of Nostalgia in the Classical Arabic Nasib (Chicago: University of Chicago Press, 1993) p. 109, pp. 269-70, n. 13, and compare also pp. 117, 189. In the nineteenth and twentieth centuries, this geography of nostalgia is reversed, with Middle EasternArab poets writing longingly about Andalusia: see Reuven Snir, " 'Al-Andalus Arising from Damascus':Al-Andalus in ModernArabic Poetry,"in Stacy N. Beckwith, ed., ChartingMemory:Recalling Medieval Spain (New York:Garland,1999), pp. 263-93. 17. See Brann, pp. 88-92 for a discussion, and rejection, of the view that Halevi repudiated Arabic style Hebrewpoetry late in his life. As Brannargues, Halevi seems to have maintaineda complex and ambivalentattitudetowardthis kind of poetry to the end (p. 96). The statementof Aberbach (above, n. 3) that in this poem Halevi "breaksout of the shackles of Arabic ornamentation"(p. 111) does not seem persuasive.(After this articlehad been accepted for publication,Ross Brannsent us two other offprintsin which he treats motifs from Arabic poetry used and transformedby Halevi in this poem: see Brann,"TheArabizedJews,"in TheLiteratureofAl-Andalus,ed. MariaRosa Menocal et al. [Cambridge:CambridgeUniversity Press, 2000], pp. 273-76; idem, " 'How Can My Heart Be In the East?' IntertextualIrony in JudahHa-Levi,"in Judaism and Islam: Boundaries, Communicationand Interaction,ed. Benjamin H. Hary et al. [Leiden:Brill, 2000], pp. 369-71.)

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Marc Saperstein and Nancy E. Berg I said,"Mylordking,bearwithme [a little].The essenceof ourjudgment, truth,andjusticedoes not dependuponthe Messiah.Youareworthmoreto me thantheMessiah.Youareking,andhe is king.Youarea gentileking,and he is a Jewishking,fortheMessiahis buta kingof fleshandbloodlikeyou. WhenI worshipmy Creatorin yourdominion,exiled,suffering,andunder theshameof thenations(Ezek.36:15),whotauntme always,my subjugation, forI bringa wholeofferingto Godfrommyphysicalberewardis abundant, I shallincreasingly Because of meritlife in theWorldto Come.Howthat, ing. ever,whena kingof Israel,of myownfaith,will ruleoverall thenations,and I haveno choicebut to abidethe law of the Jews,my rewardwill not be as abundant."18 In this passage, Nahmanides sets out to diminishthe significance of the messianic belief for Judaism. Even if we were to be convinced that the currentexile will continue forever,he maintains,even if there should never be a Messiah, never an ingatheringof the exiles, never a rebuildingof the Temple or a restorationof the Davidic line of kings, the essence of Judaismwould not be affected, its foundation would not be undermined.The contrastwith Christianityis not explicit, but it is clearly implied: Christianitycannot standwithout its doctrineof the Messiah, Judaismcan. This position is expressedthroughwhat appearsto be a shocking hyperbole. James I, the king of Aragon, is worth more to this rabbithan the Messiah. So unexpected is this formulationthat the reader instinctively tends to turn to various hermeneuticoptions. Is this the fawning of the insecure courtier?Is Nahmanides expressing himself with irony? Is it a conventionalflatterynot intendedto be taken by Jews with full seriousness? Is it the discourse of the oppressed,compelled to speak in a way that does not reflect what he truly believes? This last option seems plausible in the context of the entireaccount.Ourpason the second day of the public Disputation. On the first day, Nahcomes sage manides was exposed to the new style of Christianargumentationrooted in rabbinic literature.The first question to be disputedwas "Whetherthe Messiah had already come." In supportof this proposition, FriarPaul had cited rabbinictexts affirming that the Messiah was born on the day the Temple was destroyed.Nah.manides first repliedthathe did not believe in thatstatement,then thatit must have an esoteric meaning, but this opened him to the chargethat he rejects the authority of the Talmudic sages-a precariousposition for a medieval Jewish leader to defend. Finally, he resorts to a technicality: even if the Messiah was born in the year 70, that does not prove that he has come, namely,begun his public career.To 18. Nahmanides,"Vikkuah,"in KitveiRamban,ed. CharlesChavel,2 vols. (Jerusalem:Mosad ha-Rayv Kook, 1963), 1:310. For translationsof the full text, see Chavel, Ramban: Writingsand Dis-

courses, 2 vols. (New York:Shilo, 1978), 2:656-96, and others listed in the bibliographyof Robert Chazan,Barcelona and Beyond (Berkeley: University of CaliforniaPress, 1992), p. 244. For our purposes, the complex questions of the relationshipof Nahmanides'text to the Latin account of the Disputation,and to what he actually said before the king in Barcelona,are not relevant,as our concern is with the conception of exile in the literaryreport.On these issues, which have been studied extensively for more than a century,see, most recently,the discussion of the literarycharacterof Nahmanides' account in Chazan,pp. 39-79, and pp. 100-41.

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"Arab Chains" and "The Good Things of Sepharad" this the king makes the obvious reply thatthis Messiah would now have to be well over 1000 years old. Despite Nahmanides'effort to put the best possible spin on his performance in the text intendedfor Jewish readers,one has the impressionthat he was in a difficult position by the end of the first day.19He must have given extensive thought that night to various strategiesfor the resumptionof the debate, for at the beginning of the second day,he makes two dramaticallynew points. First,unlike the legal component of rabbinicliterature,the aggadic component is not authoritative and binding upon Jews; it is ratheranalogous to the sermons delivered by a bishop. And second, even if the Messiah had come and gone, and the exile should continue forever without any hope for a Messiah in the future, the Jewish religion would not be substantivelyaffected. Whetherindeed this marginalizationof the messianic age was merely a tactical ploy or reflects what Nabmanidesreally believed continues to be debated.20 Yet,settingNahmanides'sincerityaside, the plausibilityand internalcoherence of the position does not seem open to doubt.Thatthe Messiah was to be a humanbeing, and thereforein the same category as Gentile kings was the normativeJewish position throughoutthe ages. That Judaism does not depend upon the messianic belief is more controversial, for well-known Jewish thinkers, including Maimonides, made it a fundamentalprinciple of Jewish faith.Yet,Nahmanides reiterated this in another,non-polemical context, and other Jewish thinkers also maintained a similarposition.21 WhatenabledNahmanidesandthe othersto make this surprisingclaim?The argumentcan be broken down into several unspoken components, coming from various sources, yet together leading to the conclusion. First, the essence of Judaism is not living in the messianic age, but observing the commandmentsof the Torah.22Second, the value of observing the commandmentsis directly proporatthispointis emphasized 19.Thedifficulty ofNahmanides' Cohen,"Reposition byMartin 35(1964):172. ontheTextandContext oftheDisputation of Barcelona," HUCA flections 20.Oneobvious is thatNahmanides claimstohaveinsisted attheveryoutsetthatthe problem buton"matters befocused notonperipheral issuesofJewish practice uponwhichreligion disputation todiscussfirstof allthesubject oftheMessiah." His asawholedepended," andtherefore they"agreed thisearlier Yitzhak Baerthusmaintains thatthis ontheseconddayseemstoreverse statement. position AHistory 2 vols. wastaken"against hisownconvictions": position of theJewsin Christian Europe, 1:153.Cf.Chazan, Barcelona andBeyond, 1961-1966), pp.65,128,wherethisincon(Philadelphia, is notedwithout a directconclusion aboutNahmanides' sincerity. drawing sistency 21. Nahmanides,Sefer ha-Ge'ulah, in Kitvei Ramban,ed. Chavel, 1:279; cited by Baer,A History of the Jews in ChristianEurope 1:248. Solomon Schechtertook this parallel in a context "where there was no occasion to be over polite to the Government"as evidence that it reflects Nahmanides' genuine view: Studies in Judaism (Philadelphia:Jewish Publication Society, 1896), p. 106. Cf. 'Ezer ha-dat, by the fourteenth-centurypolemical writerIsaac Polgar(ed. Jacob Levinger [TelAviv: TelAviv University Press, 1984], p. 57, and Dov Schwartz,Ha-Ra 'ayon ha-MeshihiBa-Hagut ha-YehuditBiYmeiha-Beinayim(Ramat-Gan:Bar-IlanUniversityPress, 1997), p. 192. 22. For the tension (or contradiction) between this principle and the position, taken by Nahmanidesin his Torahcommentary,that even those commandmentsapplicable outside the land of Israel cannotbefully observed in exile, see Marc Saperstein,"The Land of Israel in Pre-ModernJewish Thought,"in LawrenceHoffman,ed., TheLand oflIsrael: Jewish Perspectives (Notre Dame: Notre Dame UniversityPress, 1986), pp. 200-201 and 207-208 n. 35.

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Marc Saperstein and Nancy E. Berg tionate to the difficulty of the observance;this view, with roots in the rabbinicliterature ("the reward is proportionalto the pain,"Avot 5:22), reiteratedby Maimonides in his "Epistleon Apostasy,"is commonly associatedwith the doctrineof medieval German Pietism Ashkenaz).23Third,the conditions of life in exile make the observance(H.asidut of the commandmentsextremely difficult for Jews: there arepowerfulpressuresto abandonthe faith, and those who cling to it are subjected to tauntingand humiliationfrom their Christianneighbors.24Fourth,while some of the most important commandments cannot be observed at presentespecially the offering of sacrifices in the Temple-this lack is more than compensated when Jews offer themselves as a sacrifice to God throughtheir willingness to remain Jews, ratherthan following the easier path of conversion.25Finally, the essential reward,the desired end of all life is immortalityof the soul in the World to Come. The messianic age, physical ratherthan spiritual,in time rather than eternity,is far less importantthan this. conclusion makes inPutting all these assumptionstogether, ternal sense. Maimonides had earlierarguedthat the Messianic Age is a means to Nah.manides' the ultimate goal of a purely spiritualrewardin the Worldto Come, in that it will make it easier for the masses of Jews to devote themselves to "theLaw and its wisdom," namely the attainmentof philosophical enlightenment.26Nahmanides ac23. In his "Epistle on Apostasy,"Maimonides maintainsthat those Jews compelled to remain in a place where Judaismis not toleratedwill be rewardeddoublyfor each commandmentobservedbecause of the devotion necessary to overlookthe danger.Crisis and Leadership,trans.AbrahamHalkin (Philadelphia:Jewish PublicationSociety, 1985), p. 33; Halkin notes a parallelwith KuzariI, 114. On GermanPietism and its doctrineof rewardproportionateto the difficulty (or the apparentlysenselessness) of the commandment,the pressuresto transgress it, and the humiliationenduredfor its performance (at the handsnot only of Christiansbut of otherJews), see YitzhakBaer,"He-Megamahha-Datit ha-Hevratitshel 'Sefer Hasidim,'Zion 3 (1937): 9; Joseph Dan, Toratha-Sod shel HasidutAshkenaz (Jerusalem: Mosad Bialik, 1968), p. 239; Haym Soloveitchik, "ThreeThemes in Sefer Hasidim,"AJS Review 1 (1976): 336-37; Ivan Marcus,Piety and Society (Leiden: Brill, 1981), p. 32. 24. Cf. Halevi, KuzariI, 115 (trans.Hirschfeld,p. 79): since each Jew could "becomethe friend and equal of his oppressorby utteringone word, and without any difficulty" [i.e., throughconversion to the majority faith, in Halevi's case Islam], those who bear humiliationand degradationand remain loyal to Judaismearn a rich rewardfrom God. 25. This motif is present in the chronicles and liturgy written in the wake of the Crusademassacres. See, e.g., Alan Mintz, Hurban:Responses to Catastrophein HebrewLiterature(New York:Columbia University Press, 1984), pp. 94-97, 101; Robert Chazan,EuropeanJewry and the First Crusade (Berkeley, University of California Press, 1987), pp. 126-31. With Nahmanides' formulation, compare Ezra of Gerona, cited by Moshe Idel, "The Land of Israel in Medieval Kabbalah,"in Hoffman, The Land of Israel: Jewish Perspectives, p. 177: "Nowadaysthe Jews are alreadyreleased from the obligation [to dwell in] the Land of Israel. Their suffering-out of love of God-the [vicissitudes of] the dispersion, and their afflictions and subjugationare like an atoning altarfor them, as it is written, For Thysake are we killed all day long (Ps. 44:23). (See the discussion of this passage by Haviva Pedaya,"Eres shel Ruah ve-Eres Mamash,"pp. 243-49, leading to the "paradoxicalconclusion that it is obligatory to live in exile [at present],"p. 248.) And cf. AbrahamShalom, Neveh Shalom, p. 193a: i 317MmPnIit m012'irp;nw nwv riuiry nrrw mai, cited by HavaTirosh-Rothschild,"Tefisatha'l Torahbe-MishnatAvrahamShalom,"Jerusalem Studies in Jewish Thought9:2 (1991): 439. This is apparentlybased on R. Sheshet's prayerwhile fasting: "May it be Yourwill that my diminished fat and blood be deemed as though I had presentedthem on the altaras an offering before You"(b. Ber. 17a). 26. Maimonides, Mishneh Torah,Laws of Kings, 12,4; IsadoreTwersky,A MaimonidesRead-

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"Arab Chains" and "The Good Things of Sepharad" cepts the premise that the spiritualreward,not life in this world, is the ultimate good. But, resortingto the Pietistic notion that the more difficult the challengethe greaterthe temptationto opt out-the greaterthe rewardwill be, he drawsthe opposite conclusion: because the Messianic Age will make observing the commandmentseasier, it is precisely the currentlife in exile that is more conducive to achieving the rewardin Worldto Come.27 Even more thanHalevi, Nahmanidespresentsgalut as an arenaof suffering. Jews in exile, mocked and scorned by their neighbors, are subjected to fearsome pressuresto abandona distinctivereligious identityand accept the ways of the majority. At best they can rely on a sympatheticking who guaranteestheir physical safety and the possibility of observing their traditions.Yet even under such relatively benign conditions,this possibility of remaininga Jew in galut entails a struggle. Loyalty to Jewish demands and worship of the Creatorthroughperformance of the commandmentsrequirea sacrificial effort, tantamountto a form of ongoing martyrdom.To be a Jew in exile is to transformone's own body into a sacrifice to God. Nevertheless, this negative depiction of life in exile, though apparentlysimilar in some ways to Halevi's "Arabchains,"functions differentlyfor Nahmanides because the contrastdrawnby each is different. Halevi contrasts exile in the far Westto the site of the TempleMountat present-desolate, controlledby the forces of Christendom,empty of Jews. Yet this depressing alternativeis Halevi's goal. It can be achieved only througha total repudiationof the present geographicalexile for a differentform of exile in the Holy Land,superficially far more dismal, yet to the poet more desirable. Nahmanides sets up a triad. Exile, with all its present bleakness, is contrastedwith a futurereturnto Jewish sovereigntyunderthe messianic king. But the expected valence of this dichotomy-galut bad, messianic age good-is subvertedthroughthe introductionof a third element: life in the World to Come, which is understoodto be more importantthan the messianic age. This ultimate goal is achieved not throughsacrificing the "good things" in the currentarenaof galut, but by sacrificial loyalty despite the adverse pressures of galut, for this is what enables the Jew to reachthe ultimatereward.While Halevi's poem articulatesa negationof the exile despite its "good things,"Nahmanides' statementsuggests a surprisingaffirmationof the exile, for its very difficulties and challenges make it instrumentalfor a higher purpose. Exile, with all its pain and oppression,is thereforethe key to spiritualimmortality,and-paradoxically-life under a messianic king who will compel all Jews to observe the commandments may be more perilous for the futureof the soul in eternity. The thirdtext is from a homiletical composition by the early Hasidic maser (New York:BehrmanHouse, 1972), p. 225. Cf. his formulationin the introductionto "Heleq"of the MishnahCommentary,ibid., pp. 415-16. 27. Comparethe later formulationby the eighteenth-centuryHasidic writer Jacob Joseph of Polonne: "Whatthe experts in ethics have written is well known: that the rewardfor one who serves God trulyand devotedlyin the time of exile is many times greaterthan [the rewardfor] one who served God in the earlierperiod."Mendel Piekarz,Hasidut Polin (Jerusalem:Mosad Bialik, 1990), p. 219 n. 28; cf. also the formulationof later Hasidic masters cited on pp. 214-15 and on pp. 225-26).

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Marc Saperstein and Nancy E. Berg ter, the Maggid of Mezhirech.It begins with the apparentlysimple statementfrom Avot 1:7, •i lwn7 p3irn, usually translated"drawaway from an evil neighbor": v-i pwIn n pnirm. Thismeansthatit is easierto achievethe Holy Spiritin our time,a timeof exile,thanit wasin the dayswhentheTemplewas still standthis,considerhowdifficultit wouldbe to approacha king ing.Tounderstand in his royalpalace,as comparedto whenhe is travelingthroughthe countryside.Whilehe is on the roador at an inn,anyonecan approachhim,evena to enterthepalace.Inthesame simplefarmladwhowouldneverbe permitted will withinsomeonewho thinks God and dwell immediately inspire way, aboutcommunionwithGodnow,in ourtimeof exile.Forthisreason,it is importantto removeourselvesfromevil desiresandevil thoughts,so thatGod will notbe separatedfromus. Rather,whateverwe do shouldbe forthe sake of God'sname.Thusl removefromtheneighbor,namelyfromthe prn•n: one whodwellsby you, p;nin,removetheevil.28 pw•~n The passage is framedby a strikingpiece of homiletical exegesis. In typical Hasidic style, the preachertakes a simple, familiarphrasefrom the classical literatureand gives it a twist that is novel yet firmly rooted in the language of the text, for "drawaway from an evil neighbor"should have used not the hiph 'il, pni1n,but the hitpa 'el, pnrinrn.29 The homilist therefore breaks down the traditionalsyntax of the three words and reconstructsit anew. There is no "evil neighbor."The Iw is the indwelling presence of God (n•;rw). "Evil" becomes the direct object of the transitive verb "remove,"meaning "set at a distance."Though "evil" is directly juxtaposed to "neighbor"in the sentence, the goal is to set distance between them. Evil thoughts must be set at a distance, lest they cause God to be separated from us. If this new insight into the familiarwords fromAvot comes at the end of the paragraph,the reader(or listener) is confrontedwith a stunningand challenging novelty at the very beginning: "It is easier to achieve the Holy Spirit in our time, a time of exile, than it was in the days when the Temple was still standing."Such an assertion would appearto violate much of what Jews "know"about galut, as expressed in so many statementsindicatingthatGod is more accessible in the Holy Land,in the Holy City, in the Temple,than in the "landsof idolatry."One tradition was that with the destructionof the Temple, the divine presence withdrew entirely from the earth, that even God's providentialprotectionterminatedcompletely with the exile, leaving the Jewish people to the fate determinedby the stars, the 28. Maggid Devarav le-Ya'aqov,ed. Rivka Schatz Uffenheimer (Jerusalem: Magnes Press, 1990), p. 70; translationbased on JosephDan, TheTeachingsofHasidism (New York:BehrmanHouse, 1983), pp. 132-33. Cf. MartinBuber,Talesofthe Hasidim, 2 vols. (NewYork,Schocken, 1964), 1:103, who introducesthe element of the king's being "drivenfrom his realm"without any basis in sources I could find. 29. This problem is not addressedby most of the commentators,who apparentlyassume the JudahLerma,noting the use of hiph 'il ratherthanhitpa 'el, suggested that meaning is [prv nx] pn1n,. the meaning is that one should warna newcomer about an evil neighborand therebyremovehim from the neighbor'sinfluence (cited in Samuel de Uceda, MidrashShemu'el [B'nei B'raq, 1992], p. 33).

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"Arab Chains" and "The Good Things of Sepharad" brutalitiesof cynical politics and military might, or chance.30A powerful expression of this, writtennot long after the Maggid's homily, representsthe more common, pessimistic view of distance and inaccessibility: sin, forthe sacDuringthetimeof thetemple,no mandwelledin permanent rificialofferingswouldatone... andnothingstoodin thewayandprevented ourprayersfromrisingto ourFatherin heaven.Today,however,thatis notthe case.Fordueto the multitudeof oursins ... thereis an ironwallthatseparatesus [fromGod]andstops[ourprayers].Andthereis no directroutefor the ascent of our prayers... and our worship is like a barrenwoman, for it

does not give birthandit yieldsno fruit,for the gates of prayerhavebeen locked.31 The more comfortingaffirmationwas thatthe divine presence went into exile with the Jewish people.32 Or, in the words of the Khazarking in the Kuzari, "one can drawnearto God in any place with a pure heart and strong desire"33-a position close to thatin our text. But even this does not maintainthat God is more accessible in exile than in the ancientTemple of Jerusalem.That appearsto be a revolutionaryclaim,34and it is substantiatednot by a complex conceptual or exegetical argument,but by recourseto a simple analogy. 30. On the withdrawalof the Shekhinah,see EphraimUrbach, TheSages (Cambridge:Harvard UniversityPress, 1987), pp. 61-65. On the removalof providence,see, for example, the sources cited in MarcSaperstein,"The Landof Israel in Pre-ModernJewishThought,"in Hoffman, The Land of Israel, p. 199, as interpretationsof the Talmudicstatement"Whoeverdwells outside the Land is as one who has no God."The most extreme expression of this is that "even when he praysto God, God does not hear his prayer,as he is under[thejurisdiction of] princes and constellations." 31. Hillel ben Zev Wolf of Kovno, Heilel ben Shahar (Warsaw,1804), p. 386, cited in Allan Nadler, The Faith of the Mithnagdim(Baltimore:Johns Hopkins University Press, 1997), p. 76. The images of the intervening"wall of iron"and the locking of the gates of prayercome from the Talmud (b. Ber. 32b), but the expression of the barrennessof Jewish worship in exile goes beyond the familiar sources. 32. B. Meg 29a and parallels;cf. Shalom Rosenberg,"The Link to the Landof Israel in Jewish Thought,"in Hoffman, TheLand of Israel, p. 155, Rivka Schatz Uffenheimer,Hasidism as Mysticism (Princeton:PrincetonUniversityPress, 1993), p. 337. 33. KuzariV,22 (trans.Hirschfeld,p. 293). The haver,responding,does not deny this, but counters that"heartand soul are perfectlypure and immaculateonly in the place which is known to be specially selected by God" (V, 23). 34. Scholem characterizesthis as "aratherastoundingidea"(MajorTrendsin Jewish Mysticism [New York:Schocken, 1946], p. 330, "a statementfor which one would look in vain in any otherplace" (The Messianic Idea in Judaism [New York:Schocken, 1971], p. 201). While there may be no clear precedent for this statement, other Hasidim repeated it with approval.Cf. the expanded version of Elimelekh of Lizhensk, No 'am 'Elimelekh[1794], Va-Yeshev(Jerusalem, 1977), p. 70b, translatedin Rivka Schatz Uffenheimer, Hasidism as Mysticism (Princeton: Princeton University Press, 1993), pp. 338-39, and the briefersummaryof Uziel Meisels, translatedibid., p. 336. For subsequentuses of this parableby late-nineteenth-and early-twentieth-centuryHasidic masters-some of whom attributed it to the Baal Shem Tov-see Piekarz,HasidutPolin, pp. 218-19 (with bibliographyin n. 28) and 227. Piekarzdevotes an entire chapterto "Acceptanceof Exile and Emphasis of Its Advantages"containing abundantmaterial in the traditionboth of the Nahmanides passage and the Maggid's parable (pp. 205-31).

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Marc Saperstein and Nancy E. Berg As in so many traditionalJewish analogies or parables,this one involves a king, who clearly representsGod. Usually, it is a memberof the king's family who goes out from the palace into a foreign realm:the wife, or the son, representingthe Jewish people. Sometimes a messenger is sent out of the palace by the king. In the Kuzari,JudahHalevi speaks of a man who became so close to the king thathe was invited to the king's table and could enterthe king'spresence wheneverhe wished. Unlike the other subjects, when this man went on a dangerousjourney, far away from the palace, he is fully confident that he will continue to enjoy the king's protection, even at a distance.35Maimonides' celebrated"parableof the castle" focuses on the efforts of various categories of humanbeings to find the palace, enter its gates, and therebycome into the very presence of the king.36 In all of these analogies, the king remains in his palace; only rarely do we find a kingjourneying forth.37This passage, therefore,subvertsa literarytradition as well as a theological commonplace. What is particularlystriking is that while we might expect the parableand its applicationto apply exclusively to the tsaddiq, substitutinga new axis mundifor the sacred geographyof JerusalemandTemple, it instead applies to the ordinaryJews being addressed.38Despite referenceto the "holy spirit,"this is not a validation of the rebbe's unique role, but a call for the Hasidim to take advantageof their spiritualopportunities.Perhapsthere was an appeal to actual experience: a Jew in the late-eighteenthcentury,who would never get throughthe doors of the imperialpalace, might conceivablycatch a glimpse of the Czar travellingthroughthe countryside. However,this simply validates the theological insight; it is unlikely that it would generatesuch a dramaticreversalof traditionalassumptions.There must be a deeper rationale. The passage works out the implications of the conception that God dwells within the pure and devoted humanbeing-an idea thatis not Biblical or Rabbinic but apparentlyenters Judaism,probablyfrom Sufis, in the poetry of the Spanish "GoldenAge."39It may also reflect the influence of the popularLurianicnotion of 35. Kuzari, III, 21 (trans. Hirschfeld,pp. 159-60). 36. Guide III, 51 (Twersky,A Maimonides Reader, p. 341; David Stern, Parables in Midrash [Cambridge:HarvardUniversity Press, 1991], pp. 226-27). Comparethe more active and eroticized king, still in his palace, who reveals himself by removinghis garmentsto his intimates:JosephGikatilla, Sha 'arei Orah: Gates of Light, trans.Avi Weinstein (San Francisco:HarperCollins,1994), p. 166. 37. For example, Shemot Rabbah 33:1 on Exod. 25:2; Lam. Rab., Petihta 25. See also Benno Heinemann, TheMaggid ofDubno and His Parables (New York:PhilippFeldheim, 1967), p. 205. One Hasidic writer cites LeviticusRabbah7:2, which has a king travelingin the wilderness, as a source for the present parable;see Norman Lamm, The Religious Thoughtof Hasidism: Textand Commentary (New York:YeshivaUniversityPress, 1999), p. 539. But the message of thatparableemphasizesthe superiorityof the Temple to the wilderness, and is thereforequite differentfrom ours. 38. On the saddiq as substitutefor the holiness of the Land of Israel in other Hasidic writers, see ArthurGreen, "Zaddiqas Axis Mundi in LaterJudaism,"Journal of the AmericanAcademyofReligion 45:3 (1977): 327-47; Moshe Idel, Hasidism: BetweenEcstasy and Magic (Albany,SUNY Press, 1995), pp. 205-206. On the question of whether the Maggid recognized such a fundamentaldistinction in essence between the saddiq and the ordinaryJew, see Ada Rapaport-Albert,"God and the Zaddik as the Two Focal Points of Hasidic Worship,"History of Religions 18:4 (1979): 319-20. mean In the Kuzari,the Jewish 39. Halevi, in Schirmann, 1:524: ... rampa :Kxrx mn•x,1. spokesman maintains(somewhat more ambiguously than the poem) that in the spiritualgiants of the Jewish past, "the Shekhinahfound a worthy abode (mahall)" (III, 65, trans. Hirschfeld,p. 186; cf. V,

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"Arab Chains" and "The Good Things of Sepharad" the nisosot, sparksof the divine essence, scatteredthroughoutthe world,and therefore accessible even to ordinaryhumanbeings, a doctrinedeveloped into a full immanentisttheology by the Maggid of Mezhirech.40Whatever the source of this idea, the implicationsfor the natureof exile are dramatic.What separatesthe Jew from God is not the natureof galut-detachment from the Holy Land,destruction of the Temple,immersionin a Gentile environment-but the evil desires of the human heart,which can be mastered.If indeed it is easier to encounterGod in exile than in the Templeof Jerusalem,exile is not a total catastrophe,devoid of the possibility of any meaningful religious life. It is, rather,an opportunityand a challenge. While both the passage from Nahmanides' "Disputation"and the passage fromthe Maggidof Mezhirechreflecta muchmorepositive attitudetowardthe function of exile in the religious life thanHalevi'spoem, the differencebetween the two passages should also be clear.Although the Maggid was living in late-eighteenthcenturyEasternEuropeunder conditions generally considered to be harsherthan those in Muslim Spain, in the Maggid's homily, there is no suggestion of "Arab chains."Nor is there any hint of a sacrificial offering of the Jew's body, as in Nahmanides.The essential characteristicof exile is access to God, who may Himself be suffering in exile. Of course, conditions are better in the palace than "on the road or at an inn,"but this applies to the king, not to the "simple farm lad"the ordinaryJew-who would neverbe allowed into the palace. Homelessness, uprootedness, powerlessness, all the common characteristicsassociated with galut are at least temporarilyforgotten; the surprising suggestion is that, in spiritual terms, the situationof the Jews has actually improvedwith the exile in comparison with the period when the Templewas still standing.The conclusion is similar to that of Nahmanides:that Judaismdoes not depend upon a messianic age, and that attentionshould be focused on the present ratherthan on the future-but for a very differentreason. In the statementof this Hasidic rebbe, we find something thatmightbe termedan "affirmationof the exile." Such an attitudewould certainly lead one to expect that any messianic tension, any urgency of expectation for radical change on a nationallevel, and any activism to bring aboutthe messiah would be dissipatedor neutralized. These three texts suggest an unexpected complexity of "authentic"Jewish attitudestowardexile and Diasporain the pre-Emancipationera, illustratinghow the valences of an apparentlystraightforwardpassage can often be uncoveredonly 23, p. 293); see now, on this passage and its probableSufi background,Diane Lobel, "ADwelling Place for the Shekhinah,"JQR 90 (1999): 103-25. Cf. the Sufi tradition,"Heavenand earthcontain Me not, but the heartof my faithfulservantcontainsme," cited by AnnemarieSchimmel, Mystical Dimensions of Islam (Chapel Hill: University of North CarolinaPress, 1975), p. 190. For somewhat later Jewish mystical expressions, see Gershom Scholem, Major Trendsin Jewish Mysticism (New York:Schocken, 1946), p. 110; Lamm, Religious Thought,p. 538. For the idea of God dwelling within the human being in the Maggid of Mezhirech,see SchatzUffenheimer,Hasidism as Mysticism,pp. 192, 213; Idel, Hasidism, p. 114; and cf. Lamm,Religious Thought,p. 307. 40. On the Lurianicsparksin the teachingsof the Besht and the Maggid, see GershomScholem, On the MysticalShape ofthe Godhead(NewYork:Schocken, 1991), pp. 246-47. On the Maggid's immanentisttheology, see see Schatz Uffenheimer,Hasidism as Mysticism,pp. 177, 192, 269.

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Marc Saperstein and Nancy E. Berg through a careful investigation of its literary,historical, and conceptual dimensions. As for the materialin the modern period-texts producedagainstthe background of the debates over Emancipation,Zionism, and the establishmentof the State of Israel-these reveal an arrayof attitudestoward"exile"even more diverse and provocative. 2. The scope of exile in the modern period shifts from the grand categories of sin, divine retribution,and the potentialfor spiritualredemptionto the secular,personal level. While exile becomes a metaphorfor the humancondition, it is also a very real experience for individualsuprootedfrom their homes. For writers,it becomes a privileged, almost a preferred,condition, partof a literarytraditionharking back to Ovid and Dante.41For Jews, political Zionism redefines exile in nationalistic terms.The modernJewish authorsof the threetexts discussed below are situatedat the intersectionof this literarytraditionandthe Jewishtraditionof galut, the intersectionof the personaland the political, the individualand the communal. The differentplaces defined as home by these works, and the differentlanguages in which they are written, evoke the diversityof Jewish life in the modern golah. These texts explore the experiences of exile-each intensified by the depiction of a memorablelast night in a familiarenvironment-more than its meaning or valorization.The first text looks at the origins of the modernpolitical solution to Jewish exile: Zionism. In Herzl's Vienna, Zion regains its geographical location. However,as the othertwo texts reveal, for many Jewish communities,especially those outside of Europe,Zionism is not the antidoteto exile; rather,it becomes a contributingfactor to it. Biblical paradigmsof exile--banishment from the Garden of Eden, forced wandering, renewed dispersal-regain currency in contemporaryforms. YehoshuaSobol dramatizesthe experience of exile in his play Nefesh Yehudi (Soul of a Jew),42a fictionalized account of the end of Otto Weininger'slife. Flashbacks and dreamlikesequences fill in biographicaldetails, expose relationships between the characters,and reveal the psychological and philosophical underpinningsof the action and dialogue. Sobol's presentationof exile shows it to be a curse as terrible in its own way as the wild beasts, pestilence, and cannibalism threatenedin Leviticus 26. Yet it is not punishmentfor disobeying God's law, but ratherthe naturalconsequence of failure to follow the law of modernnationalism. The dramatakes place in fin de si cle Vienna, a milieu of astonishing culturalachievements and profounddecadence. The text is replete with referencesto contemporarycultural,intellectual and political giants: Strindberg,Wagner,Maeterlinck, Hamsut, Kleist, Freud, Fliess, and Herzl. The mayor of Vienna, Karl Lueger,remains offstage but is a playernonetheless. His antisemitismcontributes to an atmosphereof hostility towardthe AustrianJews, to a breeding ground for 41. See, for example, Robert Edwards, "Exile, Self and Society," in Exile in Literature,ed. Maria-Ines Lagos-Pope (Lewisburg, Penn.: Bucknell University Press, 1988), pp. 15-31; Claudio Guill~n, "On the Literatureof Exile and Counter-Exile,"BooksAbroad 50 (Spring, 1976): 271-80. 42. YehoshuaSobol, Nefesh Yehudi(1982), translatedby Michael Taub,Modern International Drama 22:2 (Spring, 1989): 43-84. This play won the 1983 Moskin Prize for Drama.

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"Arab Chains" and "The Good Things of Sepharad" Hitler and his ilk. Responses in the Jewish communityto his invective range from Zionism to assimilationto self-hatred. Throughhis main character,Sobol presents exile as societal sickness.43The malaise of the communityis given intense expression in both the characterization and the words of Otto Weininger,the individual: Judaismis on anevenlowerlevelthanfemininity. Womanbelievesin man,the Jewbelievesin nothing.TheJewis theenemyof form.TheJewis a bornanarchist.TheJewelectsto live in exile:it is his naturalwayof life. He feltthis of theTemple.TheJewwill preferthis way wayevenbeforethe destruction of life evenwhenhe hashis owncountry.(Sobol,p. 76) As a dramaticpersona,Otto is a classically exilic figure: a twisted genius. His neuroticism arises from his belonging to a group that is condemnedto exile. His own experiences, the basis for his professional work as a psychologist, tie together the personalandthe political by conflatingthe Jewish, the feminine, and the sick. (The opinions expressed by the characterand his theories regarding gender, mental health and Jewishness are taken from Weininger's1903 treatise Sex and Character.44) The increasinglyhostile environmentand growing antisemitismof turn-ofthe-centuryVienna are internalizedby the young Otto, who suffers from the "victimage of location."45Jews are despised, it is implied (consistent with classical Zionist theory), because they do not have a nation to call their own, and because of their acceptance-indeed embrace-of their exile. At the same time, politics make it impossible for them to be "athome" even when they are at home. The other charactersrepresentalternativeresponses to the worsening atmosphere. Otto's father,a Wagnerenthusiast,is in some ways more German/Austrian than many of his non-Jewish co-nationalists. His assimilationism is most fervent on the culturallevel.46 Otto's friend Clara is a militant Zionist who sees the 43. Cf., for example, Deut. 28; Eisen, Galut, p. 29; Simon Rawidowicz,Israel: TheEver Dying People (Rutherford,N.J.:FairleighDickinson University Press, 1986), p. 97. 44. Geschlechtund Charakter:eineprinzipielle Untersuchung(Vienna: W. Braumiller, 1903). Authorizedtranslationpublishedas Sex and Character(London: Heinmann, 1906). On this work, see the discussions by SanderGilman,Jewish Self-Hatred:Anti-Semitismand the Hidden Language of the Jews (Baltimore:Johns HopkinsUniversityPress, 1986), pp. 244-48, and TheJew's Body (New York: Routledge, 1991), pp. 133-37. 45. See Una Chaudhuri,Staging Place: The Geographyof Modern Drama (Ann Arbor: University of Michigan Press, 1995), p. iii. 46. Wagner,of course, is the classical musician most closely associated with antisemitism today not only for his personalviews, but also because of Hitler'sfondness for his operas and the Israeli ban on his music. See Wagner'stitle essay in Judaismin Music and OtherEssays, translatedby William Ashton Ellis (Lincoln: Universityof NebraskaPress, 1995), pp. 75-122; Jacob Katz, TheDarker Side of Genius: Richard Wagner'sAnti-Semitism(Hanover, NH: Brandeis University Press, 1986); Paul Rose, Wagner:Race and Revolution(New Haven:Yale University Press, 1992), on pp. 189-92 he discusses the ban in Israel;MarcA. Weiner,Richard Wagnerand the Anti-SemiticImagination (Lincoln: Universityof NebraskaPress, 1995); WilliamBerger, WagnerWithoutFear,New York:Vintage Books, 1998. The ban in Israel was recently broken.IronicallyWagnerwas also a favorite of TheodorHerzl, who listened to Tannhduserin Pariswhile workingon his Judenstaat;see Steven Beller, "Herzl,Wagner, and the Ironies of 'TrueEmancipation,'"in TaintedGreatness:Antisemitismand CulturalHeroes, ed. Nancy A. Harrowitz(Philadelphia:TempleUniversity Press, 1994), pp. 127-55.

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Marc Saperstein and Nancy E. Berg creation of a Jewish state, the fulfillment of Herzl'sdream,as the only possibility for Jews to live without fear of persecution.Clarais joined in her politics by Berger, althoughhe seems to be motivatedmore by lust thanby ideology.Anothermember of their group is Tietz, a non-Jew and a self-professed liberal who reacts with disdain to the growing threatof antisemitism.His benevolence is suspect, however: his Jewish friendsare exotic to him (especially Clara),and his enthusiasm,suggests Otto, is in a way more insidious than the bald antisemitismof Karl Lueger and his followers. Exile here is decadence. The Jew, according to Otto in the passage cited above, consistently chooses exile. This choice is not based on enjoying "the good things of Spain,"on earninga spiritualrewardin eternity,or on the opportunityfor greateraccess to God. Rather,it is a symptom of a sickness thatpervadesthe community and the individualpsyche. Sobol's articulationof Otto'ssentimentsechoes A. B. Yehoshua'sessay cited above, which asserts that "On the eve of the destruction of the Second Temple, one-thirdof the [Jewish] people was already abroad. They left of their own choice... .47 Both Yehoshuaand Sobol's Otto suggest that the Jew has a naturalaffinity for life in the galut; Yehoshua:"the virus of the golah is in our blood,"Otto: "exile is his naturalhabitat."48Sobol affords his character the prescience to predictthat "The Jew will preferthis way of life even when he has his own country,"a prediction supportedby the very statistics (now dated but still valid) with whichYehoshuaopens his article:"Thegates are open, the possibilities are many, but the immigrantsdo not come."49 Sobol both supportsand questions this point by focusing on an individualmore brilliantandmore disturbed than any of his peers. He representsthe whole, sick society, but in the end, he remains an individual. Otto cannot live in exile, but neither can he leave his exile. His "chains" are psychological. He eventually opts for conversion to Protestantism as a response to the condition of exile, and shortly after he kills himself. His suicide demonstrates the failure of his strategy; he cannot escape his "Jewish soul," he can neither accept nor abandon his self-image as an exilic Jew. Earlier, he had acknowledged Zionism as "the last remnant of nobility that's still left in Judaism." He himself, however, is too deeply affected by the exilic culture of degeneracy to be able to start over in a new land, and he concludes that Zionism

47. Yehoshua,"Exile as a Neurotic Solution"(see above, note 3), p. 18. Earlierin the play, Otto states, "If Jews had any sense of guilt they would have left exile long ago, duringthe Second Temple when they had a country of their own" (p. 58). Compare also the statementin Halevi's Kuzari II, 24 (trans.Hirshfeld,p. 100): At the end of the Babylonian exile, "Divine Providencewas ready to restore everything as it had been at first, if they [the Jews] had all willingly consented to return[to the land of Israel]. But only a part was ready to do so, while the majorityand the aristocracyremainedin Babylon, preferringdependence and slavery,and unwilling to leave their houses and their affairs." 48. Yeshoshua,p. 33; Sobol, p. 58. 49. Sobol, p. 76; Yehoshua,p. 20. Otto's formulationis ambiguous:if it pertainsto Jews who remain in the Diasporaafter 1948, then it is essentially the same as Yehoshua'scomplaint,but it could also allude, "prophetically,"to Jews born in Israel who choose to live in the Diaspora, or who imitate exilic values even in the Jewish State.

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"Arab Chains" and "The Good Things of Sepharad" as a movement is doomed to failure.50 His life serves as an anguished affirmation of exile. The largerextra-literarycontext of the play contributesto its message. It is written in a language and countrythat is (at least in part) the realization of Zionism. The title, Nefesh Yehudi,was certainlyintendedto evoke the words of"Hatikvah"adoptedas the Zionist-and Israeli national-anthem: As longas the soulof theJewbeatsinsidetheheart And(as longas) theeye lookseastwardto Zion Ourhopeis stillnotlost, Thetwo-thousand-year-old hope: Tobe a freepeoplein ourownland, Thelandof ZionandJerusalem. The "Jewish soul" in the title-Otto-stands in stark contrastto the meaning of the phrasein its original context. The charactertries to submergehis Jewish soul by becoming a Christian,therebysubvertingthe sentimentexpressed by the lyrics. While the play is clearly critical of the self-hatredespoused by Otto-the denigrationof the Jewish and the feminine-it also gives voice to these ideas without entirelydisavowingthem. Galut, dangerousand contagious, may not be dispelled even by the returnto the land of Israel. Can Zionism flourish if it is rooted in the debauchery,xenophobiaand self-hatredof Weininger'sVienna? The establishment of a Jewish State does not resolve the problem of exile for all Jews, especially once exile is reinterpretedon a personal level of individual experience. Samir Naqqash'snovella "Laylat'Uraba"(The Night ofHoshana Rabbah),5' which frames a story set almost fifty years afterWeininger'ssuicide, calls Sobol's message into question. Zionism is at best a misguided delusion, and the historical "return"to Israel is in fact, a personal passage into exile. "Laylat'Uraba"is the story of one family'scelebrationof Sukkoton the eve of theirexile from Iraqfollowing the establishmentof the stateof Israel,bringingto an end a continuousJewish communalhistory beginningwith the exile to Babylonia in 586 BCE. Unlike some of Naqqash'sotherworksthatplace theirstories in an abstractsetting,52this workis vividly realizedin largepartby the specificity of time andplace.The novellabegins with the framenarrative:the narratoris addressingan unseen audiencein an Israelicoffeehouse recountinghis family'sHoshanaRabbah celebrationthreedecadesyearspreviouslyin Iraq(the innernarrative). 50. "I consider Zionism to be the last remnantof nobility that's still left in Judaism"(Sobol, p. 57); "Zionismtoo will sink in the Jewish abyss like a stone in a swamp"(p. 58). CompareSex and Character,p. 307: "Zionismmust remainan impracticableideal, notwithstandingthe fashion in which it has broughttogether some of the noblest qualities of the Jews. Zionism is the negation of Judaism, for the conception of Judaism involves a world-wide distributionof the Jews. Citizenship is an unJewishthing, and therehas neverbeen and neverwill be a true Jewish State."The above-cited formulations aboutthe Jews' preferencefor "exile,"however,are Sobol's additionto what Weiningerwrote. 51. Samir Naqqash, "Laylat 'Uraba," YawmHabalat wa-Ajhadat al-Dunyi (Jerusalem: alSharqal-'Arabiyya, 1980); all translationsby Nancy E. Berg. For a fuller discussion of this work, see Berg, Exilefrom Exile: Israeli Writersfrom Iraq (Albany: SUNY Press, 1996), pp. 120-28. 52. One collection is even titled Stories ofAny TimeandAny Place.

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Marc Saperstein and Nancy E. Berg But I'll speakto you aboutthe nightnow lost to us, my brothers.About HoshanaRabbahthatwasthirtyyearsago. ... Muchmorethanthat,andless a world by verylittle.Andit wasthere.. . . As farawayas theworld-to-come, whosedoorsarefirmlyshut,openingonlywitheachdeath.Thereit was,my brothers,andourownchildhoodwas therealso.Butthingschange.Andthe differencewas great... It'simpossibleto compare.... Howverydifferent! (Naqqdsh,p. 163) The binarismof the passage is clearly expressed,spatially(Iraqversus Israel),temporally (then versus now), and situationally(home versus exile). In a variationon Nahmanides' triad described above (exile, Land of Israel, world-to-come), here there is a clear parallel between distant home and world-to-come, both distinctly contrastedwith Israel. The inner story is set towardthe end of the festival in the family's sukkah,a temporary structuremade permanenthere throughnarrationand repetition.The procedure of building the sukkah follows a set pattern year after year; the description of this iterativeevent shifts to a specific instance, the last time the narratorand his family observed the holiday in Iraq.The night of Hoshana Rabbah that year, and the structurein which it is celebrated,achieve a permanentexistence fixed by nostalgia in the narrator'smemory and by the writtentext. The structureof the sukkahmirrorsthe narrativesituation,framingthe characters and their stories, holding them in warm embrace,separatingthe inside from the outside. The glorious booth of the past contrastswith the gloomy coffeehouse of the story present,standingin for childhood and for home. In memory,it is safe, permanent,and all-encompassing. It houses friends and family, the holy and the secular, the living and the dead. "All that exists was enclosed in a circle of welcome, at the limit of the senses, the seen, the heard,the smelled, the felt" (Naqqash: p. 175). There is a self-conscious emphasis on the storytelling-the traditionalcoffeehouse setting in the frame story,the narrator'sturningto the implied audience, even the allusions to the "ArabianNights" ("and after night turns over one thousand days,"Naqqash,p. 12). As in TheThousandand One Nights, the storytelling is life-giving, protecting the narratorfrom the drearinessof the coffeehouse, the world of the present, and the state of exile in the State of Israel. The narratorattempts to offer a reprieve from the oppressive silence by telling his story and by temporarily creating community out of the audience assembled. This fictional quality is in tension with the elements of autobiography:the narrator'syoungerself appearsas subjectand object, and his tale ends with his family banishedfromwhat seems to have been Paradise. Naqqash'suse of language in this work reinforcesthe perceptionof Israelas exile and Iraqas home. First, the work is written in Arabic.53The inner narrative 53. An obvious counterpartto Naqqdsh is Anton Shammas,an IsraeliArab who publishedhis best-selling novel, Arabesqot,in Hebrew.He has writtenabouthis choice of languagein severalvenues; see, e.g., "Exile From a Democracy,"in Literaturein Exile, ed. John Glad (Durham:Duke University Press, 1990), pp. 84-86. In this essay, Shammas inverts the idea of exile and of language as homeland--as a Palestinianin Israel he feels an exile in his own home. Paradoxically,he has adoptedthe

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"Arab Chains" and "The Good Things of Sepharad" is made homey and familiarthroughits use of colloquial language in its lyrical descriptionsand lively dialogue. The use of the dialect adds more than local color; it serves to document an endangeredlanguage and to portraythe recent past in its own language.54By contrast,the frame narrative,despite being in the guise of a spoken address, is kept to a somewhat stiff standardArabic, typically spoken in more formal settings and between people without a dialect in common. This implies the lack of sharedbackgroundamong the members of the coffeehouse audience and another aspect of exile: the absence of community.The difference between the languageused in the two parts-the frameand the framed-underscores the discontinuityand contrastsbetween now and then. Phrasesin the framingnarrativesuch as "like the traces of an abandonedcampsite"place it in the context of the qasTdah(pre-Islamicode), which traditionallyopens with a section full of longing for the past.55 The narratortries to make the coffeehouse into a substitutesukkah, to populate it for a brief and shining moment with the memories of Hoshana Rabbah, childhood,and home. Yetthe distancebetween now and then is never fully erased. Gloom reigns, memories are recalled not created, and even the stories-once a source of security and enjoyment-betray. After describing a touching reunion scene between himself and Uncle Heskel Ezra, the narratordenies its truth-value: "Butthis never happened"(Naqqash,p. 214). This repudiationcasts doubt on the reliabilityof his continuing narrativeand on that of the frame as well. The narratorundermineshis own position;the denial intendedfor the story immediatelypreceding hoversover the stories thatfollow. Even so, the narratorallows the tragedies to assert their own truth. Justas the truth-valueof the narrator'sstory is subverted,so too is the childhood idea of the home as a safe, permanentand all-encompassingplace. While the sukkahseems at first to be finished and whole, in reality it is not. Cousin Salih is absent;"thenecklace is incomplete."The sukkah'sseeming permanenceis belied by both its traditionalsymbolism as transient and the framing narrative,which refersto this night as the last HoshanaRabbahin Iraq.The frailty of the sukkah's protectionis demonstratedwhen the threatfromthe outside creeps in like the smell of smoke. As Iraqbecomes less and less hospitableto its ancient Jewish community, the gatheringthreatcorrelateswith the loss of innocence and light. The evening of the last HoshanaRabbahcomes to an end with ominous foreshadowingbuilt on multiple allusions to the story of the Egyptian exile. The setting of the story, the season of Sukkot, and the sukkahitself recall the journey of the childrenof Israel, the circuitousroute of their returnfrom exile to the Land of Israel."Webecame wanderingforeign strangers,"the narratordeclares. The pillar language of Hebrew ("the language of grace") to express his state of exile ("the language of confusion"). Shammasnow lives in the United States and writes essays in English; Naqqlsh has left Israel for London,writes in Arabic, and even consideredmoving to Cairo. 54. However,even qualified use of IraqiJewish colloquial Arabicrequirescareful glossing and limits the audience. It leads to an increasingdistance between the writer and his source material,and freezes the dialect in an unnaturalmanner,dependenton--in this case--a twelve-year-old'svocabulary and an adult'smemory of circa 1950. 55. Cf. above at note 16.

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Marc Saperstein and Nancy E. Berg of the cloud, which accompaniedthe childrenof Israel by day, summons its counterpart:the pillar of fire, the night companion.As with the sukkah, these pillars are transvaluedfrom a positive symbol of guidance and protectionto something threatening.Fire hovers on the edge of the narrative,in the flickering candles and gas lanterns. Its presence is presaged by the characterSelim's smelling smoke. Baba Sida, the family elder, unable to smell the smoke, rebukesthe younger Selim for being an alarmist;he representsthe majorityview of those in the Jewish communitywho did not sense any threatto theirsecurity in Iraq.Selim understood correctly the impermanenceof the sukkah structure,of the home the Jews had made for themselves in Iraq.Only in a retrospectivegaze at the denouementof the once great Jewish communityof Babyloniacan one understandSelim's insistence: "Warningis a duty"(Naqqash,p. 211). While the biblical departurefrom Egypt is an occasion for celebrationin the annualholiday cycle, this novella offers a reinterpretation.By focusing on the forty years in the desert throughthe referenceschosen, the authorand his narratorwrite a story of exile ratherthan homecoming.56 Here narrationis eulogy.The deadmournedfor by the story areless the physically dead than the spiritually dead, those who have lost their innocence, their world of light, their HoshanaRabbahpast. It is dedicatedto the memory of goodness. Memory mediatesbetween the story past and the narrativepresent.Like narration,memory confers meaning throughselecting events and orderingthem.The story is a [re]constructionof home. The sukkah, and that night of Hoshana Rabbah, achieve a permanentexistence in the narrator-character's memory and in the written text. At the end of the Hoshana Rabbahholiday the visitors disperse, the lanternsare takendown, and the sukkahis disassembled,no longer shelteror sanctuary. We see home in the process of becoming not home, yet it is still betterthan exile.57 Ironically,the sukkah, a temporaryshelter on the way out of exile from Egypt back to the Land of Israel, here frames the story that bemoans the passage to Israel. Israelbecomes the locus of exile, where innocence is seen as folly, where family members and friends lose track of each other, and where individuals fall prey to destitution,illness and despair. In Naqqdsh'saccount, Israel is a drearycoffeehouse, with a colorless-perhaps nonexistent-audience, contrastedwith the lovingly decorated and well-lit sukkah brimming with friends and family. The Jewish pilgrimage festival that so strongly ties family members with each other and with their ancestraldead loses all currencyin Zion. Instead,the PromisedLand is the site of many tragedies:unemployment, poverty,senility, early death.The narrativeends when our guide the storyteller is told that his uncle is missing. In the new Israeli exile, the family is lost. 56. For anotherliteraryreadingof the exodus-different from Naqqish's but not incompatible in tone-see Shulamit Hareven, Sone Ha-Nisim (Tel Aviv: Dvir, 1987), available in Hillel Halkin's translation:The Miracle Hater (San Francisco:North Point Press, 1988). In sociological and related studies the adult immigrantsof the era are often referredto as "the desert generation." 57. In the text Baghdad is lovingly referredto as "the Lady of the Lands."

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"Arab Chains" and "The Good Things of Sepharad" Out of Egypt58 is a different kind of inversion of the exodus story and the idea of the Egyptian exile. This memoir recounts the last episodes in the life of one Jewish family in Alexandria. The final chapter begins with the father receiving an anonymous telephone call and proclaiming, "It's started." Earlier that day someone had thrown a stone at one of the aunts and shouted, "Foreigners out!" The father's factory is nationalized, the family is hounded by frequent phone calls, and, ultimately, they are informed that they have one week to leave.59 The family is at once uniquely idiosyncratic and representative of the time and place. The members of the family bring a profusion of languages, backgrounds and citizenships: French, Ladino, English, Turkish, Greek, Syrian, Italian, German. In all of its polyglot-ness, the family serves as a microcosm of Jewish history or at least of the "Jewish condition," that is, fated to be wandering from one nation or culture to another.60 In the following passage, the young narrator prepares to take his leave from the only home he has ever known. It is the first night of Passover, 1965. He stands on the corniche looking out to the Mediterranean, in an ironic echo of Moses scanning the geography of the Promised Land from Mt. Nebo: Facing the night, I looked out at the stars and thoughtto myself, over there is Spain, then France,to the right Italy,and straightahead,the land of Solon and Pericles. The world is timeless and boundless, and I thought of all the shipwrecked, homeless marinerswho had strayedto this very land and for years had tinkeredat their damaged boats, praying for the wind, only to grow soft and reluctantwhen their time came... And suddenly I knew,as I touched the damp, grainy surface of the seawall, that I would always rememberthis night, that in years to come I would remembersitting here, swept with confused longing as I listened to the water lapping the giant boulders beneath the promenadeand watched the children head toward the shore in a winding, lambent procession. I wanted to come back tomorrownight, and the night after, and the one after that as well, sensing that what made leaving so fiercely painful was the knowledge that there wouldneverbe anothernight like this, thatI would nevereat soggy cakes along the coast road in the evening, not this year or any other year, nor feel the baffling, suddenbeauty of thatmoment when, if only for an instant,I had caught myself longing for a city I never knew I loved (Aciman, pp. 339-40). 58. AndreAciman,OutofEgypt:A Memoir(NewYork:FarrarStrausandGiroux,1995). 59. Aftera briefrespitefollowingthe Suezcrisis(1956)in whichthe conditionsforJewslivtheearlysixtiesbroughtan increasein anti-Jewish andanti-Israeli sentiment. ing in Egyptimproved, The 1961dissolutionof theunionbetweenEgyptandSyria(theUAR)andthe adoptionof the CharterforNationalAction(1962)emphasizing andsocialismallowedless tolerance Islam,nationalism, forminorities. Thenationalization of privatelyownedfactories-suchas thatof thefatherinAciman's book-ended an eraof prosperityfor manymiddle-classJewsin Egypt.Formoreinformationsee Michael M. Laskier, TheJews of Egypt 1920-1970: In the Midst of Zionism,Anti-Semitism,and the

MiddleEast(NewYork:NewYorkUniversityPress,1992). 60. Cf. MarjorieAgosin, Alwaysfrom SomewhereElse: A Memoirof my ChileanJewish Father,

translated byCelesteKostopulos-Cooperman (NewYork:FeministPressattheCityUniversityof New York,1998). 323

Marc Saperstein and Nancy E. Berg The Acimans are neitheras assimilatedas Otto and his friendsin Sobol'sVienna nor rooted for centuries as were the narratorand his family in Naqqash's Baghdad. They belong fully neither to the place that has been their home nor to their people and its traditions.Despite living in Egypt for a generation,no one in the family is fluent in Arabic. When the narratoris taken to task for never having done his Arabichomework("Butnone of the otherEuropeanboys studiesArabic," he protests [Aciman, p. 233]), the fatherhas to turnto the servant'sson to tutorthe miscreant.The family is barely exposed to the indigenous culture.They listen to classical music, enjoy Frenchplays, dress in fine Italian clothing ("don't match your clothes like a pauper"the boy is admonished,p. 329). "Such a pity,"complains the grandmotherwhen she finds yet another source of Europeanimports. "Things are beginning to improvejust when we are leaving" (p. 330). And yet, in Alexandria,the very 'high' Europeancultureis part of the indigenous scene. Despite their religious heritage, no one in the family is fluent in Judaism. "Whatkind of Jews are we?" asks one of the older relatives.They don't know the prayers,they don't observe most of the commandments,and their attemptsto hold a Passover Seder on their last night in Egypt falter and ultimatelyfail. [Thefather]beganto recitein French,withoutirony,withoutflourishes,even withthetext,he started meekly.Butas soonas he beganto feel comfortable outloud,thencorrectinghimself,or skipto fumble,readingthe instructions onlyto findhimselfreadingthesamelinetwice.At pinglinesunintentionally one point,wishingto facilitatehis task,mygrandmother said,"Skipthatportion."He readsomemoreandshe interrupted again."Skipthattoo." "No,"saidElsa,"eitherwe readeverythingornothingat all."An argumentwasaboutto erupt.... No one hadanyideawhatto do, whatto read,or whento stop."SomeJewswe are,"saidAuntElsa,who hadalso startedto laughand whose eyes weretearing."Shallwe eat then?"askedmy father. "Goodidea,"I said.(Aciman,p. 335) The irony of the family's last night in Egypt falling on Passoveris not lost on the author,the reader-or, one suspects, the characters.The Aciman family is far from celebratingtheir departure.The anchorof the holiday not only reinforcesthe family's distance from traditionalJudaism,but their culturalconnection:they are persecuted and forced from their home because they are Jewish. One of the central ironies of the modern Jewish experience is the frequencywith which those most disconnected from their religious heritage are often most oppressedbecause of it. After the dismal attemptat a family seder, our first-personnarratortakes a sentimentaljourney throughthe streets of Alexandria,suffused with the sadness of having to leave a place that has become home.61 He walks the corniche in 61. This is not unlike that taken by the protagonistof a modern Hebrew novel on the verge of leaving Baghdadfor Israel,and their sentiments are similar:"I wantedto say that I am leaving Iraq.For good. Forever.I won't see the Tigris again before I die. I will stand in an unfamiliarstreet, in an unfamiliar city, and scream and no one will hear me. It already happens in dreams. I already miss everything and I am still here. I don't know how this is different from death."Sami Michael, Hofen Shel Arafel (A Handful of Mist) (Tel Aviv: Am Oved, 1979), p. 230. In both of these stories the sadness is clearly the sadness of having to leave a place that has become home.

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"Arab Chains" and "The Good Things of Sepharad" Alexandria,and is offeredfiteer, the "soggy cakes" of the passage quoted. Fiteer is a traditionallocal food (not kosher for Passover) sold on the street corners during the monthof Ramadan.The blendof cultures,foreign and local, shows the family to be not unlike othercosmopolitan-mongrelJews living in Egypt at the timeseparatefrom the indigenous people, yet not separate. In Aciman'smemoir,the idea of Egypt-or any otherplace members of the family have lived-as a place of exile never enters the picture.62Even less does the idea of Israel as the place of returnfrom exile. Israel is not the destinationof choice. In fact it is not even considered.On the verge of adolescence, the narratoras-boy is the only one to takethe prayersof the PassoverSeder literally.He protests, "WhatI want is to have no part of [the Seder]. I don't want to cross the Red Sea. And I don't want to be in Jerusalemnext year"(Aciman, p. 333). Exile in this case is leaving a place that has become home, no matterhow unlikely, and while the family seems less rootedin Egypt thanits counterpartsin Iraq,in Austriaand elsewhere-they all come from somewhere else and none are fluent in the vernacular-Alexandria is the only place the boy has ever known as home.63 Aciman's narrativesuggests that "Exile is a kind of dying."64The fatherof the family has an expression for those who are on the thresholdof leaving Egypt. Returningfromthe homes of those aboutto leave, he asks, "Did you smell the abattoir?"Indeed,when the family finally packs to leave, the narratorrecognizes the smell of the slaughterhouse."Abattoir?"the boy asks. "Abattoir,"the father confirms. On his walk afterthe Seder,the narratorthinks aboutAlexandria,"aboutthis so city, inseparablefrom who I was at that very instant"(Aciman, p. 315) and recognizes the finality of his encounter:"And suddenly I knew ... that I would always rememberthis night.. . (p. 339). It is a poignantaccountof the very personal natureof exile. And yet it is an experience potentially sharedby everyone in the Jewish community.Exile is a place unknown,over the edge of the precipice. The condition of exile is consistent over the years, but the terms for exploring, understanding,and accommodatingit have dramaticallychanged. The theological dimension, so prominentin the pre-modernpassages, is absent from these modern texts, replacedby psychology and the literarytraditionof exile. In none of these cases is the relationshipto God, or becoming a betterJew,the issue. Otto's religious conversionfromJudaismappearsto be motivatedby accommodation,not 62. In his recentbook of essays, False Papers (New York:FarrarStrausGiroux, 2000), Aciman describes his returnto Alexandriaas an adult. "I am, it finally occurs to me, doing the most typical thing a Jew could do,"he writes. "I've come back to Egypt the way only Jews yearn to go back to places they couldn'twait to flee. The Jewishrite of passage, as Passovernever tells us, is also the passage back to Egypt, not just away from it" (p. 5). See also his essay, "A LiteraryPilgrim Progresses to the Past," TheNew YorkTimes,August 28, 2000, B 1-2. 63. The narratordescribesthe move to a summerhome and the move to a new apartment.Paradoxically the multiplicity of these homes makes the idea of home in Egypt more permanent.See for example Itzhak Bar-Moshe, Bayt FT Baghd-d (A House in Baghdad) (Jerusalem: Association for Jewish Academics from Iraq, 1975). For a fuller treatmentof this work, see Berg, Exile from Exile, pp. 110-20. 64. Amos Neufeld, "Exile," Jewish Spectator, Summer 1988, p. 13.

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Marc Saperstein and Nancy E. Berg faith. The rituals of HoshanaRabbahas describedby the coffeehouse narratorare more a celebrationof communitythan a spiritualoccasion; in either case, they are abandoned in the new, Israeli exile. Our young narratorof Out of Egypt allows no place for tradition,religion or spiritualityin his narrative,or in his life, past or present. Not surprisinglyfor exile literature,setting is dominantin these narratives. So too is the extra-literarycontext: the language in which each text is written, where, when and by whom. Only the first text, authoredby an Israeli in Hebrew for an Israeli audience, suggests that Israel is a possible redemptionfrom Jewish exile. Yet the setting of the dramais in early-twentieth-centuryEurope, a nursery for both modern antisemitismand political Zionism. Home in the other workscrafted in Arabic and English respectively by writers who had both experienced the dislocation of exile-is personal, not national,where the heart actually is and not in the poetic East. In both cases home is in an Arabcountry;in the formertext, the site of the ancient, rooted and accomplished communityof BabylonianJewry, and in the latter,a stoppinggroundfor more recentarrivalsfrom Syria,Turkeyand Europe.The "Arabchains"here seem to be the emotional ties to the "good things of Sepharad"(or Baghdad,or Alexandria).And the "dust of Zion," no longer in "Edom'sdomain,"is merely dust, not at all precious. Israelis neitherhome nor redemption. In one case, it is a site of personal exile, and in the other it is irrelevant to the entire discussion. Jewish identitybears upon the issue of exile only as a contributingfactor to the experience, and as a set of culturalcodes to express this experience. The traditionalmode, in which the world is divided into the land of Israel and the Galut, has been eclipsed by one in which the world divides into home and exile with a constantlyshifting geography. Marc Saperstein George WashingtonUniversity Washington,DC

Nancy E. Berg WashingtonUniversity St. Louis, Missouri

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Review: Re-Presentations of the Jewish Image: Three New Contributions Author(s): Marc Michael Epstein Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 327-340 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131700 . Accessed: 17/07/2011 14:07 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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AJS Review 26:2 (2002)

REVIEW ESSAY RE-PRESENTATIONS OF THE JEWISH IMAGE: THREE NEW CONTRIBUTIONS

by Marc Michael Epstein Miri Rubin. Gentile Tales. The NarrativeAssault on Late Medieval Jews. New Haven:Yale University Press, 1999. xiii, 266 pp. SaraLipton.Images oflntolerance.:TheRepresentationofJews and Judaism in the Bible moralisee. Berkeley: Universityof CaliforniaPress, 1999. xvi, 241 pp. RuthMellinkoff.AntisemiticHate Signs in HebrewIlluminatedManuscripts.Jerusalem: Centerfor Jewish Art, 1999. 158 pp. Recently,I had the pleasureof visiting the representationalrealistpainterIsrael Hershbergin his Jerusalemstudio, where he was busy working on a small painting,one of a series of "treeportraits."It was an exquisite work, in which each dapplingof light on every needle of a toweringcypress was exactingly represented on a miniaturescale. But I was startledto see that, while he had blocked out the shape of the tree and the general parametersof light and shade "in the wild,"this championof renderingfrom life was actually completing most of the painting in the studio.At first I thoughtthe tree must be outside the window, or that he must be workingfrom a photograph,butwhen I asked him where the detailingwas coming from, he tapped his finger to his forehead. Forme, that simple gesture exemplified what representationis all about and why it is so crucial to the study of culture. Representationcan be misunderstood by scholars,whose stock-in-tradeis words as an attemptto renderthe world as it is. But it is never so straightforward,even when it employs photographicallyexacting methods of reproduction.Representationis always re-presentation,a mediated renderingand interpretationof the world not as it is, but as it is perceived. Psychologists often employ patients' drawings as a window on the way their patients perceive the world,on both the conscious and unconscious levels. They understandthatif one wishes to know one's subjects,one must seek out not only what they say in the world,but how they describe that world. Likewise, even (and perhaps especially) when it is "wrong"from a historical perspective-politically incorrect, crude, or apparentlybadly organized-art is a crucial source for the understandingof societal mentalit~s. It is like having at one's fingertips a rich 327

Marc Michael Epstein "personaldiary" of a culture in which reality is revealed from the most intimate and internal perspective of those who created or commissioned the art, for the study of representationprovides unprecedentedaccess into the minds of its practitioners. If we could surveymedievalpeople with regardto whatthey "thought"about Jews, how they "perceived"them, we might well drawblank and uncomprehending stares. But if we asked such people to drawa Jew,or to representa scene from the Bible in which Jews appear,or to chronicle in illustrationlast Easter'sevents, even the simplest renderingsthey could give us would be rich, nuanced,anddeeply interpretable.It would be like receiving an account in both stereo and living color. In such a case, of course, we would have commissionedthe representations, and so would have control and foreknowledge of what they representand why. Readingrepresentationthathas come downto us, unsolicited,fromthe MiddleAges is somewhat trickier.Our reconstructionsof meaning under these circumstances are, to borrowNeal Stephenson'selegant phrase,"attemptsto condense fact from the vapor of nuance."Sensitive historianscan effectively titrateout of such vapors the "pleasingsavor"fromthatwhich is "quicklycut off and flies away."Theirreadings make sense, they seem unforced,and whetherthey corroborate,overturn,or build upon received knowledge from other evidence, they alwaysreveal history as richerand more complex than it would otherwisehave been. Less sensitive historians' readings are lectio difficilis; they ignore historicalcontext, and they limit and narrowratherthanbroadenour understandingof the culturesin question. Studies of the representationof Jews in medieval Christianart have as yet tended to mine images for evidence of "antisemitism."Iconographyis represented as bridgingthe historicalgap between Johanninepronouncementsof Jewishevil and Nazi caricaturesof Jews. This is effected without much subtlety or discrimination between nineteenth-centuryracial antisemitismon the one hand, and the premodernanti-Jewishnessof Christiansociety and anti-Judaismof Christianreligion on the other. Most iconographic studies are devoid of any suggestion that anti-Judaismin Christianthought or anti-Jewishnessin Christiansociety emerges from anythingbeyond a pure hatredof the Jews. Michael Camille, the ever-compelling and radical doyen of the new medieval art history,puts it, "Imagesare so much more easily misperceived than words, which is partlywhat makes them so powerful."'Whatmakes them easily misinterpretedis thatit is manifestlydifficult to see beyond the apparentlybald, uncompromisinglynegative natureof the caricatures and libels which seem to be explicit in what we imagine to be "literal"imagery. Thus, while several recent historical studies have considered anti-Jewish rhetoric, legislation, and theology as symptomatic or even symbolic of other internal sociopolitical or religious issues in Christiansociety, such a nuanced approach has not hithertobeen employed with referenceto anti-Jewishiconography, and the field has remainedone that lacks the subtletyof its counterpartin history. Even as historical studies of anti-Judaismhave become more sophisticated,iconographic studies have lagged behind. Two new books, SaraLipton'sImages of Intolerance:TheRepresentationof 1. Image on the Edge (1992), p. 174.

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Re-presentations of the Jewish Image Jews and Judaismin the Bible moralisee, and Miri Rubin'sGentile Tales:TheNarrativeAssault on Late MedievalJews, have emerged to impartthe sort of subtlety to the discourse of representationof Jews in literatureand art that has long been a desideratum.Both are highly polished, erudite studies that significantly advance the cause of research,and have in common a readabilitythat allows the readerto follow their sophisticatedargumentswith ease, recommendingthem to a diverse audience of medievalists, historians,and scholars of art and literature. By way of contrast,anotherrecentbook, RuthMellinkoff'sAntisemiticHate Signs in Hebrew Illuminated Manuscripts, presents much more dubious arguments. Though Mellinkoff is a respected scholar, her work in this book exemplifies many of the negative qualitiesof the methodologies of the dominantschool of contemporaryresearch in Jewish art. It takes some of the most problematicpresumptionsof that school to their logical, albeit extreme conclusions, and in doing so, essentially denies the possibility of Jewish meaning in medieval Jewish art. Miri Rubin'sGentile Talesserves as a welcome complementto her previous study, Corpus Christi: The Eucharist in Late Medieval Culture.2Reading that book, an exemplarystudy of the rhetoricand theology surroundinglate medieval eucharisticpiety and its implicationsfor cultureand society, one is temptedto ask, Where are the Jews? While Rubinmakes some tempting connections between assertions of Jewish disbelief and the late medieval fashioning of the parametersof Christianbelief, the "Jewish angle" feels insufficiently developed. Gentile Tales serves to confirm that Rubin was not unawareof the fascinating relationshipof Jews to the fallout of eucharisticpiety, but that the subject was sufficiently large to deserve separatetreatment.The present work is an account of the development of anti-Jewish tales of eucharistic desecration and the ensuing violence that emerged in the late thirteenthcentury following the development of the theology of Christ'sReal Presence in the consecratedeucharisticwafer.The book, which finally bringsthe Jews into the picturein the constellationof issues surroundingthe new eucharisticpiety, is well worth the wait, a sophisticated excursion into the ways in which "history"is recountedin narrativeand in iconography,both ecclesiastical and popular.Along the way, Rubin affordsus a real sense of the nuanced and complicated interdependenciesin the very nature of the narrativetopos among themthe tensions betweenperceptionand narration,between narrativeand history,between narratorand subject, and between calls to responsibilityand the assuagingof guilt. Her work assertsthatthere is as much to be learnedin the manner of the telling as there is in what is told-and sometimes, in fact, a great deal more. Rubin emphasizes the currentnatureof the host desecrationtales in spite of their obvious connection with very ancient canards against Jews. Though "all myths ground meaning in the past ... the myth of Jewish deicide took its form from strongnotions about thepresent disposition of Jews" (p. 2). The newness of the particularconfigurationof these tales in this period bespeaks for Rubin a new set of social and theological preoccupationsand realities. Again, it is the way in 2. New York:CambridgeUniversityPress, 1991.

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Marc Michael Epstein which the tales are told-of whom, by whom, for whom, and in what context that is paramountfor an understandingof those preoccupationsandrealities. Since these narrativesconstitute,by any standard,a ratherimplausibleform of evidence for actual historical occurrences,the tales are examinednot as testimonials of the events described, but as touchstones for the emotional and theological backdrop againstwhich Jews and Christiansinteractedin the time andplace of theircreation. Rubin successfully demonstrateshow the narrative"encompasseda world" with a didactic aim, a "moralcenter"(ibid.), and a cast of charactersincludinginsiders and outsiders,who, stereotypedas they might havebeen, nonetheless served specific functions in advancing the narrative.Within the narrative,she describes the dialectic betweenhierarchiesof meaning, andthe place of oppositionanddoubt in the "world"the narrativecreates. By establishinghow the tales respondnarratologically to the discretehistoricalcontext, Rubinrevealsthem in a nuancedfashion, ratherthan simply resorting to the reductionistview that they were vaguely the result of "historicalcircumstances."Because she is unafraidto reflect, inter alia, on the possibility of meaning in narrativedetail-on the choice of one way of recountinga tale over another,and of details within the tales-she is able to present a rich and variegatedpictureof a total reality,illuminatingall of its facets from the sociopolitical to the psychological. I think, for instance, of her insistence on cataloguingthe resonancesof an oven for late medieval Christians:Rubingoes beyond explaining the pragmaticnecessity for the presence of ovens in the tales or illuminations, and asks what it is about the image of the oven that is so frightening but so necessary as to be consistently insisted upon both in narrativeand in iconography,and why should this be. In appreciatingthe role of detail and in not being afraid to speculate upon its meaning, she opens up entirely new vistas-I feel myself a little closer to understandingboth the prominence of ovens in Passover Haggadot and the imagery of Abrahamflung into the fiery furnace in Ashkenazic mahzorimas a response to Christianeucharisticanxiety. Rubin'swork stands in subtle contradistinctionto R. Po-chia Hsia's important study of the ritual murderaccusation, The Myth of Ritual Murder:Jews and Magic in ReformationGermany.3Hsia, while acknowledgingthe lack of credibility of ritualmurdernarrativesas historicalsources, nonetheless attemptsto extract history from them, even if by means of counter-readings.Rubin'sbook attempts less to uncover "historical"narrativein the case of host desecrationtales than to explore a topos. Historical investigation is but one tool employed, and historiography is analyzed as evidence of attitudes and mentalitis ratherthan of the sequence of historical events. As in Hsia's work, the sociology of religious consciousness is paramounthere, particularlyin Rubin's masterful division of the narrativestratainto social groups and hierarchiesand her characterizationof various "actors"in the narratives-men, women, children, clergy, thieves, converts. But Rubin does not simply trace the constructionof the "standard"narrative.She is exceptionally good at portraying the disjunctions between what come to be stereotypes in tales, and the subtle or blatant deviations from those stereotypes which she correctly assumes to reveal meaning. 3. New Haven:Yale University Press, 1988.

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Re-presentations of the Jewish Image Rubin'sargumentsare supportedby a skillful blend of evidence elicited from a smoothlypresented,yet wide rangeof genres-psychological, literary,historical, and iconographic.Her facility with iconographicsources is impressive. One becomes aware,as pictorialevidence is seamlessly interwovenwith otherevidence in Rubin'sanalysis,thaticonographywas an essential and necessary conduitof transmission of informationaboutthese alleged desecrations:The mass was the "showing forth"of a God who transformedHimself, throughthe mediumof the Eucharist, from transcendentand unattainableto immanent and accessible. This "showing forth"was so centralto the meaningof the Eucharistthatit made sense thatthe desecrationof this image should be publicized and transmittedby visual means. Gentile Tales is masterful in its evocation of climate: it exposes tensions within Christiansociety thatcreatedthe atmospherein which the host desecration accusationwas transmitted.To her credit,Rubinincludes a section-what she calls an interjection-on what Jews thought of the Eucharist.This is an extremely importantdevelopmentin the scholarshipon this topic. It finally removes Jews from a realmwhereinthey are the almost mythological subject of Christianfantasy and gives them a voice, allowing us to see into their minds and lives. To this end, Rubin garnersin impressive fashion the relevantsources, both polemic (Sefer Yosef HaMekaneh,Sefer Nisahon, Profiat Duran), and, for the first time, poetic, in the form of variousqinot in the wake of the Rintfleischmassacresand otheroccasions of violence precipitatedby the accusation of host desecration.Though medieval Judaism,with the exception of certain Spanish thinkers, was not strong on systematictheology,Rubindemonstrateshow firm pseudo-theologicalpositions were developed throughexegetical and philosophical polemic, and how the pain of the persecutionsgave rise to the poetic expression not only of emotional reaction,but of intellectualdisdainfor the concepts of transubstantiationand Real Presence and the philosophical and theological problems they engendered. Rubin's Corpus Christi clarified systematicallywhat Christiansthought of the Eucharist.Gentile Talesteaches us how they acted upon those ideas at the level of mythic narrative, and how that could percolate down into mob violence. It also gives us a preliminary glimpse of what Jews thoughtof the Eucharist. Apartfromthe lack of a separatebibliography-a functionpossibly more of the publisher'sconventionsthan of the author'sdesires-my only substantialcriticism of this well-organized,developing argumentis that, having laid the groundwork for it, one would have hoped for some speculation as to what Christians thought Jews thought of the Eucharist.Obviously,they thought Jews believed in its efficacy on some level. Otherwisewhy steal it and attemptto mutilate it? My questionfor Rubinis whether,in fact, the whole constellationof accusations-the ritual murderaccusation, the blood libel, and the host desecration accusationmight be somehow linked as part of a larger polemic between matzah and Eucharist. If, as the clergy maintainedin using tales of host desecration as an exemplum, the Jews as a people were not living in blindness,but were fully awareof the miracle of the Incarnationandthe powerof its reenactmenton every altarin Christendom,then their desecrationof the host could be read as evidence of their secret acknowledgmentof the efficacy of Christianrituals. Jews are representedby this 331

Marc Michael Epstein libel as jealous of the Christianreenactmentof the Passover,which afterthe Fourth Lateranbecomes, beyond a mere a reenactment,a successful act of theurgy,of the drawingdown of God'sReal Presence into the consecratedwafer.The Jews, as people of the Letter ratherthan of the Spirit, are frustratedand dissatisfied with the "inefficacy" of their own rituals.They feel they cannoteffect this theurgicalreenactmentwithout an actual,literal crucified victim, they must kill a Christianchild, in a reenactmentof the crucifixion, and use his blood to replicate,by their black arts, an ad littera, demonic simacrulumof the host. If this were the case, Christianswould have been confrontedby a climate of "knowing heresy,"wherein Jews secretly admit the inefficacy of their own rites without magical intervention,while confirming the efficacy of Christiantheurgy. This climate might have served to effect a shift in the theological climate whereby it was easier to harm the Jews in spite of the church'sostensible protectionof them. The idea of Jewish "blindness"would have been transformedby the combination of the ritual murderand blood accusation libels and by the connection of this new hybridlibel with the accusation of host desecration.Could it be that as a result of this confluence, the church was now ready to "read"Jews as heretics ratherthan as infidels? In these two new libels, there was, at last, a contemporary and public crime for which therewas alleged physical evidence of the harmfulness of Jewish stubbornnessand hypocrisy with regardto Christiansand Christianity. As the Eucharistis definitively identified not as a memorial, but as the real and continuing presence of Christ,so too do the Jews gain Real Presence, throughthe transubstantiveeffects of these libels, as the confirmed and verifiable perpetual enemies of Christand of Christendom. If the Jews can be provedby these actions to be perpetualenemies of Christ and of Christendom,this providesjustification for the ambivalenceof the church with regardto the protectionof the Jews, and permits some of the baser desires of Christians,which had long requireda legal sanction of some kind in orderto be transformedinto action, to be played out with the blessing of the church.The two libels override the possibility that Jews are blind naifs, or misguidedly stubborn and hypocritical,andprovetheirwillful andmalicious stubbornnessandhypocrisy, hence, theoretically,makingthem guilty of breachof their"contract"with God and allowing the church, if not officially, then tacitly,to relax its vigilance somewhat in its protection of Jews. This shift in perception enabled the church to have its wafer and eat it too-popes could continue to condemn these libels and the mob violence they precipitated,while at the same time promulgatingthe theology that could feed it as it trickled down to the provincial,diocesan, and parochiallevels. It has hitherto been perfectly acceptable to struggle throughthe thicket of Christianeucharistic theology without asking what the Jews thought of the Eucharist.Yet Rubin has shown thatproceeding without asking this question is inexcusable if one is attemptingto grasp the largersociopolitical and theological picture. Kudos accrue to her for having placed this question squarely(and literally)at the center of the enterprise.The question "Whatdid the Christiansthink the Jews thought of the eucharist?"might strike one as a less essential query,particularly since to answerit requiresmore conjectureaboutthe psychology behindtheology, and about the influence of theology on politics, than it does substantiationon 332

Re-presentations of the Jewish Image the basis of texts. But it is precisely the type of question that one must ask if one wishes to pass throughthe forestof iconographyon the topic, since in this case the iconographyis a representationof what the representedis thought by the representerto think. I am merely an interestedreaderin these areas, but I would be fascinatedto hear Rubin'sthoughts on the connections between these libels-her thoughts, in otherwords,aboutwhat ChristiansthoughtJews thoughtof the Eucharist,and how they relatedthat to their understandingof matzah, ritualmurder,and Jewish literalness. Such thoughts would round out the historical discourse, lending it both spice and substance.And, in attemptingto penetratethe veil of alterity,they are inexorablyintertwinedwith the undertakingof looking at iconography,which is simultaneouslyso eloquent and so mute. SaraLipton'sImages of Intolerance is a study of the images of Jews in the earliest manuscriptsof the French moralized Bible, a thirteenth-centurywork which presents roundels depicting events from the biblical narrativein tandem with interpretationsboth contextual and contemporary.Lipton demonstratesthe association of Jews with persons, issues, and circumstancesbeyond themselves, particularlyheresy, secular learning,alien philosophy, idolatry,and usury.Just as Gentile Talesseamlessly employs representationin the service of history,Images of Intoleranceequally masterfullyeduces history in the service of representation. Rubin supplies the ethos of the era on the basis of narrativeand iconographyand demonstratesthe ways in which narrativesboth mirrorand shape historical consciousness. Liptonreveals the historicalimpetusbehind images of intoleranceand shows how historicalconsciousness effects and affects representation. SaraLipton was a studentof the late-lamentedJohn Boswell, and it shows. Her scholarshiphas solid roots in philological/iconographicmethodologies, yet it is, at the sametime, compellinglytheory-savvy,engaging,and entertaining.Through meticulousresearchand clear and incisive reasoning,Lipton is able to situateconvincingly her manuscripthistorically,clearing up many of the mysteries about its composition and patronage.This is no small feat, but, like Boswell, who called attentionto people who lay neglectedin historicalsources, Lipton'sprimaryachievement is simply to have read brilliantlythe long ignored or misunderstoodimages of Jews in the Bible moralisee. Her observationsare fresh and compelling. Throughthem, we begin to see Jews not just as Old Testamentpatriarchsor New Testamentdeicides, but as subtly shiftingsigns, semiotic markersthatreveal new levels of meaning in any iconographicnarrativeinto which they are interjected.With Rubin, Lipton reads these images as a means of grasping the theological underpinningsand social mentalit6s of contemporaryChristians-and particularlyof what constituted"otherness" for them even and especially within their own society. Lipton's readings of what constitutes the "other"in iconography reveal a mastery of previous scholarship,but are augmented by acute new observations, even concerning topics about which one had supposed the last word to have alreadybeen said. Forinstance, in any futurediscussion of thepileum cornutum,the "Jewishhat,"the standardwill be Lipton's discussion of the matter(pp. 15-19). 333

Marc Michael Epstein While the work of previous authorsidentified this sartorialdetail consistentlyand unequivocally as a "sign of infamy,"Lipton demonstratesan unparalleledsensitivity to the broad spectrumof variation in the ways it is employed. She demonstrateshow, while in the most extreme cases it can accompanytruly negative images of Jews with distortedhuman features,more usually it serves as a symbol of identification because the Jews depicted are physically indistinguishablefrom the non-Jewish characters.Towardthe negative extreme of the spectrum,it serves as a symbol of unfavorableidentification when shown worn by New Testamentera or contemporaryJews engaging in contemptibleactions, from murderingthe Son of God to lending at interest or leading astraythe faithful sons of the church. In other cases it is tinged with a milder sense of negativity,as when it identifies the Old Testamentpatriarchs.These could be viewed eitheras corruptancestorsof the New Testamentera and contemporaryJews or as saintly proto-Christianseventually to be redeemed in the Harrowingof Hell. Developed, conscientious observations of this kind are what serve to make nuance and subtlety the two bywordsof this study;the book as a whole highlights issues of difference,and even where difference is limned broadly,it is in the subtlety of the details and the nuance of the contrastthat one can come to view old differences with new eyes. I appreciatethe way in which Lipton reveals her methodology clearly at the outset, recognizing, as she does so, the inherent instability of "meaning":"The frameworkfor my analysis is always the immediate and largercontexts. As I examine each text or image, I consider not only what the figures in question might 'mean' (bearingin mind thatmeaning can be multiformandunstable)but also how they function within the phraseor roundelin which they appear,how the phraseor roundel functions within the page ... the page [within] the overall exegetical sequence" (p. 4). She links the images she studies to "the changing medieval economy; Capetiantheories and practice of power;and the attitudesof variousstreams of clerical thoughttowardmoney, morality,learningand authority"(ibid.). Herexplicit, semi-confessional clarity and her humility with regardto the limitationsof her sources for absolute historical knowledge-coupled with her confidence in their power to reveal mentalites--recall the best of Michael Camille's work. She reminds us that no matterhow much it may look as if images of Jews are simply about Jews, they nowhere appearin a vacuum. Jews can be read as exempla for various strataof Christianculture,it is true, but the signs can be readback into the Jewish context as well. As in the case of Rubin, my primarycriticism of the book is that I wanted more. In this case, for instance, Lipton'sdiscussions of heresy and of Jews as symbols of heresy can be read as extremely significant iconographic evidence for the shift in the understanding of Jews from infideles to heretici. But one cannot include all things in each book. It would be wonderfulto get Rubin and Liptonin the same room to discuss and expand upon this matterand many others. The last resort of scoundrels and the first rule of bad book reviewing is to criticize the illustrationsin lieu of substantivediscussion of an illustratedbook. There is no chance of that in the case of the three volumes underreview here. All contain reproductionsof adequatequality and size that avail ratherthanhinderthe reader.One need not strain in order to see details to which the authorsrefer.But 334

Re-presentations of the Jewish Image special praise is due the Universityof CaliforniaPress for having produced,in Images of Intolerance, a volume whose apparatus,layout and illustrationsare wonderfully easy on the eye; elegant, well ordered,and well conceived for consultation. The book provides a fitting setting to the jewels offered within. There are many points of positive comparison in Gentile Tales and Images of Intolerance,but I am particularlyimpressed by how sensitive both authorsare to the moralquestions raisedby the representationsthey examine. Some might accuse them of palliatingthe issues of anti-Jewishnessand anti-Judaismby explaining the mitigating circumstances of anti-Jewish imagery and the fact that it is symptomaticof other issues in Christiansociety. But the use of the Jews as metaphorsfor persons, issues, and circumstancesbeyond themselves, well testified by both authors, certainly does not exonerate Christians, Christian society, or the Christiantheology of hatredof Jews and Judaism.It simply highlights the subtlety and richness of the issues of anti-Jewishnessand anti-Judaism."The power of a metaphor,"as Lipton asserts, "lies in its flexibility and transferability"(p. 141). If Christiansused the image of the Jew to castigate Christianusurersin their own society, for instance,it does not mean thatthey hatedJews any less. It simply helps us to understandtheiruse of the topos of "Jew"in a more nuancedfashion. It helps to explain why the rabidand widespreadanti-Jewishrhetoric,althoughprecipitating serious violence, did not make for concrete action against Jews on the scale one might imagine. It also helps us to realize the centralityof context in understandingthese narrativesand images. It was in the afterlife of these representations--when they had been committed to parchmentand remainedafter the original context and meaning of their critique were forgotten-that they could be renewed or recycled as specifically, and exclusively,anti-Jewish.This is the centralproblemwith these representations, and it strikes me that a study of the reception of these representationsat a later time, when their original context had become less clear, would be in order.Each authorends her book with a hint at this afterlife--Lipton with a glimpse at an illuminationthatprefiguresthe role of the preachersin the forefrontof the new persecutions of Jews in the later Middle Ages, and Rubin with an appendix containing the full translatedtext of R. Avigdor Kara'sEt Kol HaTela'a, a lament on the destructiveviolence that was the repercussionof the host desecration libel tales she studies. In each case, we can see clearly how the representations,regrettably, have leaped off the page, leaving the realm of the mythic to enter the world of the all-too-real. One of the things Images of Intolerance is best at doing is contextualizing the images it discusses: "If it is not impossible to recall Nazi anti-Jewish visual propaganda[when examining these images]," writes Lipton, "let us also remember that it was createdin conditions very differentfrom those of the Middle Ages and that its makers and viewers drew conclusions and formulatedpolicies quite alien to thirteenth-centuryFrance.Similarityof form by no means entails identity in meaning"(p. 141). This advice goes unheeded in Ruth Mellinkoff's new book, AntisemiticHate Signs in HebrewIlluminatedManuscripts.In her very choice of title, Mellinkoff insists on the anachronisticterm "antisemitic,"a nineteenth-cen335

Marc Michael Epstein tury racialist category that fails to distinguish between the textures of medieval sentiment towardJews- sociological anti-Jewishnesson the one hand, and theological anti-Judaismon the other. This is irksome because it leaves the ensuing analysis devoid of the subtlety and nuance that characterizethe works of Rubin and Lipton. Terminologyaside, what is most disturbingabout Mellinkoff's work is its thesis. Mellinkoff proposes thatAshkenazic Hebrewmanuscriptsof the high Middle Ages, manuscriptscreatedfor (and,until now, it could be presumedat least possibly by) Jews, which evince various kinds of facial distortions, ostensibly in conformity with halakhicrestrictionson the depictionof the humanface, were actually the product of "antisemitic"Christianartists.These artists somehow foisted these representationsupon their simple, gullible Jewish patrons.And the patrons, in spite of the blatancy of the images and the high prices they presumably paid for the manuscripts,accepted them without complaint,having been habituated by the constancy of anti-Jewishimagery aroundthem to "looking without seeing" (p. 58). There is nothing new in Mellinkoff's contention that Hebrew illuminated manuscriptswere not necessarily illuminatedby Jews. One of the great lessons of the historiographyof Hebrewmanuscriptilluminationin the latterpartof this century has been that, in light of the pervasive division of labor in manuscriptproduction, we cannot blithely assume that because the language of a manuscriptis Hebrew,it was illuminatedby a Jew.This caveat is an extremely importantlesson in avoiding ungroundedassumptions, and it raises the question of how we determine whetherthe artistswere Jews or Christians.In this context, assumptionsare cast about with abandon. For several decades, Bezalel Narkiss has arguedthat in the instance of Sephardic illuminatedmanuscripts,while the scribes were clearly Jews, the illuminators might well have been Christian.Yet,when one investigatesNarkiss'reasons for this assertion, it turnsout thathis constructionof the illuminator'sChristianity is based not on any particulardocumentaryevidence (thereis none), but on the fact that in the case of the so-called Golden Haggadahof ca. 1320, for instance, "the high quality of the illuminations... and their stylistic resemblanceto royalbooks of the period ... imply that the Haggadahwas illuminatedby a secular Christian craftsman."4 Following Narkiss, historiansof Jewish art have tended, on an aestheticbasis, to label Hebrew manuscriptswith unknown illuminatorsas the work of nonJews, with no documentaryevidence for such claims. Such assumptionschallenge the very nature of Jewish art. If Hebrew manuscriptswere illuminatedby Christian artists,why shouldthe iconographynecessarilyhave anypeculiarlyJewish significance? After all, the Christianartist might simply have illuminatedthe manuscript in conformity with general stylistic and iconographicconvention. There is an entireJewish arthistorical"industry"devotedto mining iconographyoften ascribedto Christianartistsfor the many details they containthat suggest familiarity with midrash or with a Jewish model. But let us be honest with ourselves: If we can posit Christianartists who simply executed Jewish iconogra4. The Golden Haggadah (London: British Library,1997), p. 67.

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Re-presentations of the Jewish Image phy to order,what stops us frompostulatingJewish artistswho were accomplished in the style of the period?Or,to move to a more complex conceptualizationof cultural interplay,what preventsus from imagining Jewish artists who felt comfortable with and expressed themselves with facility in the idiom of the period, as did the patronsof the manuscript? Scholarshipwilling to make a leap of imaginationin the direction of Christian authorshipbut refusing to do so in the direction of Jewish authorshipkeeps the field of Jewish art conceptuallyand methodologically in the nineteenthcentury. It persists in viewing Christiansas "owning"medieval culture, so that Jews must simply emulate it. Its practitionersrefuse to acknowledge the possibility of independentand often subversiveaesthetic and creativeimpetus on the part of the sophisticatedJews who commissioned and possibly created the manuscriptsthey study.To determinethat a manuscript"looks too good" to have been created by Jews is to denigratethe possibility of Jewish aesthetic capability.Furthermore,it is a small step from seeing Jews as a priori incapable of creating manuscriptsof high qualitythat exhibit style-and, in some cases, iconographycharacteristicof their time and place-to positing that the non-Jewish artists who actually did the work encoded it with anti-Jewishimagery to which the aesthetically challenged patronswere oblivious. The reasons for the denial of the possibility of indigenous Jewish creativity in the diaspora are complex and political. They are based in tensions between scholarshipin IsraelandAmerica, Zionist and post-Zionistagendas, and religious and secularoutlooks. The logical, though extreme, conclusion of such essentially political exercises is Ruth Mellinkoff's argumentin the present work. Mellinkoff assumes Christianauthorshipnot on the basis of aesthetic or stylistic criteria,but because these manuscripts"don't look Jewish"-because, in other words, there are elements in them, particularlythe distorted faces and the bird- and animalheaded figures, which seem to her to be bizarre,unexpected,or negative. Of course, though the facially distorted and zoocephalic figures may seem bizarreto contemporaryviewers, they might, duringtheir long historical odyssey, have elicited any one of an entirespectrumof reactions,rangingfrom horrifiedabhorrence to tolerantbemusement.And evidence suggests that over the centuries the manuscripthas been more treasuredthan abhorred.We need to consider not how the manuscriptlooks to us today,but what it may have meant to those who obviously treasuredit for so long. Unfortunately,Mellinkoff is not the person to determinethis. She is unfamiliarwith Jewish sources and emphasizes that she does not readHebrew.She is capableof contextualizingthese figures neitherwithin the textual field of associations of the specific manuscriptsin which they appearnor in the wider Jewish intellectual environment.Accordingly, she washes her hands of that responsibility,preferringto walk the trail that Narkiss blazed in ascribing Hebrewmanuscriptsto Christianartists,even though he himself is convinced that these particularmanuscripts(whose style he tellingly describes as primitive)were illuminatedby Jews. Because she readsthe images negatively,Mellinkoff formulatesa theorythat makes medieval Jews out to be as blind as the Christians alleged them to be, a theory of"antisemitic" Christianartists,patronsjaded into acquiescence by ever337

Marc Michael Epstein present "antisemitic"iconographic conventions, and, most risibly, generationsof dupes who continuedin blissful oblivion to the artist'snefariousdevices, preserving as a treasureof Jewish culturalproductionwhat is in actualitythe precursorof the caricaturesin Der Stiirmer.Her misinterpretationcauses her to strayfar afield and necessitates a cast of thousands of maximally ignorant,minimally oblivious collaborators.If we accept this thesis, it would seem thatthese manuscriptsarebetter suited to display at Yad Vashem than in any of the collections that currently house them. I am surprisedthatMellinkoff could thinkthatthese illuminationssomehow enjoy a life independentfrom the text. Michael Camille, for instance, has shown us how intertwinedmedieval texts are with their illuminations.Few scholarstoday would presumeto work on Latin illuminatedmanuscriptswithout knowing Latin. Mellinkoff, by contrast,feels that not knowing Hebrew puts her at an advantage; she is somehow freed from having to deal with the texts and can examine the imagery "on its own"-that is, in a disembodied,decontextualizedstate in which it never really existed. I feel very strongly the opposite: that text and image in Hebrew, as in Latin, manuscriptsare inexorablyintertwined,even if the text is "standard,"as in the case of a Haggadah.Accordingly,where Mellinkoff is puzzled by the apparentlybizarreor negative images, I assume them to be meaningfulto the people who commissioned them. Where she sees oblivion on the part of the patrons, I apprehendforethought,intentionality,and collusion. Of course, a reading that presumes indigenously meaningful iconographyratherthan imposed "hatesigns" forces us to work somewhatharderto decipherthe choices of the artistsand the patrons,to struggle against the alterityof the images, and to engage in the sort of bold speculation that is anathemato positivists. I cannot accept the solutions currently so rife in the field of the history of Jewish art-to blame illuminators and patrons alike for what is not (yet) understood. I see no alternativeto constructiveinterpretiveboldness if we are to make any progressin resolving these issues, and I address these problems in such a manner in my current work-inprogress. A final disturbingelement in this work, one which pervadesits overallconception and calls into question the basic validity of its enterprise,is the apparently compelling necessity to depict the variousAshkenazicmanuscriptsin which facially distorted and zoocephalic figures appear as a "genre."One of the grave problemsof most studiesof the phenomenonin Jewishartis thatscholarsfeel compelled to propose a single solution to the problemof the entiregenre-whether halakhic, sociological, or, in Mellinkoff's case, antisemitic. The idea that the instances of facial distortionand zoocephalism must constitutea genre again arises from the assumptionthat Jewish art must follow the patternsof Christianart, in which it has, until recently,been fashionableto speak of conventions and genres. But there has been a shift in the understandingof Christianart, and art historians now understandgenre in a more nuanced manner. It is widely acknowledged that the so-called zoocephalic phenomenon in world art arises from a panoply of considerations,and thatthe animal-headedfigures depicted by Egyptian, Hindu, Chinese, and Christian artists serve various functions, depending on their particularcontext, even within the same culture. 338

Re-presentations of the Jewish Image Having grappledat length in my work-in-progresswith the highly sophisticated conceptualframeworkof the Birds'Head Haggadah-an example of this so-called genre-I am skepticalas to whethera single key will suffice for all the occurrences of zoocephalic figures, let alone for all the instances of facial distortion. While Mellinkoff identifies various strategies for avoiding the depiction of the humanface, she does not acknowledgetheir complex hierarchyof internalrelationships.The blank or deformed human head is the simplest method. It is the default, so to speak. In this approach,the figure is human,the artistsdistortor obscure the head in various ways noted by Mellinkoff. Zoocephalic figures, by contrast, appearin fascinating variety and individuation.They do not merely satisfy halakhah,for they far exceed the default of the simple featurelesshuman face. As in the case of the featurelessdefault, the figure is human;again the artistswished to refrainfrom depicting the countenance.But they did not merely leave it blank. They engaged considerableimaginationto replace it with the heads of particular types of birds or animals, and furthermore,representedthese creaturesin a highly individuatedmanner,accordingto age, sex, and status.Viewed in this way, there is no escaping the fact that the choice in a single manuscriptto depict certain figures simply with featurelesshuman faces but others with animatedand individuated animal and bird heads is evidence both of authorialdeliberationand iconographicsignificance, originatingeitherwith the illuminatorsor with theirpatrons. By establishinghow the approachesto the problem of depicting human features are varied,even on a single page, and by demonstratingthat each choice the artists made has inherentmeaning in the particularcontext of the manuscript,it can be establishedthatthe halakhicissues concerningthe distortionor replacementof human heads are extremely nuanced.And, if the approachesemployed within in a single manuscriptare so variegated,how much more will approachesvary in each and every othermanuscriptcomprisingthe "genre." Perhaps,then, we should not speak of a genre at all. We can certainly observe that a numberof manuscriptsfrom medieval Germanyexhibit a variety of ways of avoidingthe depiction of the humancountenance.But while they may be consistent in their intention to satisfy halakhah by obscuring the face, and they evince some commonality of iconographic method, I do not detect any obvious consistency of meaning for the chosen iconography.The contextual objective of each manuscript-beyond halakhicconsiderations-differs from every other.The illuminatorof the TripartiteMahzor,for instance, seems to have a particularhorror of depictingwomen's features.In the illuminations,men are depicted with human features,but women's featuresare replaced by those of various identifiable animals. Perhapsthe artist, whethera Jew or a non-Jew,was attemptingto make sense of his patrons'demandsto avoidthe depiction of the face, or perhapshe was interpreting(or misinterpreting)previous models. The inconsistent treatmentof human featuresmakes it clear that it only scratches the surface to note that these animal heads are intended to satisfy the halakhic mandateto avoid the depiction of the humanface. The more specific dimensions of the artist'sparticularrationale have yet to be explored through a complete analysis of the overall conceptual themes of the manuscript. Any attemptat a single comprehensivesolutionto the problemof the genre339

Marc Michael Epstein even one less tendentiousthanMellinkoff's-will simply not suffice to explainthe individualimpulses behind facial distortionsin discretemanuscripts.Each manuscript needs to be judged on its own terms, since each has story of its own to tell. Such a project of complete contextual analysis is a desideratumfor all the Ashkenazic manuscriptsin which facial distortionsand zoocephalic figures appear.With individual analysis, the focus will shift from the obvious question of what makes these manuscriptssimilar to the more subtle question of what their differences mean-what the varyingways in which the illuminatorschose to satisfy halakhah can teach us abouttheirindividualor communalagendas.And,doubtless,one thing will emerge very clearly: though we may not yet completely comprehendthem, and though we may be barred by our alterity from a complete understandingof them, each of these manuscriptshad meaning and resonancein its indigenous and its Jewish context, both for its patronsand for subsequentaudiences. If one could apply scholarshipof the qualityand depth, subtlety andnuance ofMiri Rubin'sGentileTalesand SaraLipton'sImages ofIntolerance-which discuss the representationof Jews by others-to indigenous representationsof Jews by Jews, one could effect truly monumentalchanges in the often retrogradefield of Jewish art.But such workhas yet to be done. RuthMellinkoff'sAntisemiticHate Signs, in denying medieval Jews the possibility of self-representation,accordingly stands as a challenge to those who would conscientiously and with recourseto corroboratingtextual sources bring the methodological, conceptual, and iconographic issues in the field of the self-representationof the Jews in their own art into the twenty-first Christiancentury. Marc Michael Epstein VassarCollege Poughkeepsie,NY

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Review: [untitled] Author(s): Mark A. Raider Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 341-347 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131701 . Accessed: 17/07/2011 14:07 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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AJS Review 26:2 (2002)

REVIEW ESSAY

by Mark A. Raider Ralph Melnick. The Life and Workof Ludwig Lewisohn. 2 vols. Detroit: Wayne State University Press, 1998. 754 pp., 596 pp. "Though [Ludwig] Lewisohn lacked to a remarkabledegree the ability to look beyond his own ideas,"wrote the literarycritic and memoiristAlfred Kazin, "he had at least one paramountservice to perform,and he failed in it as much for reasons beyond his control as throughhis own rigidity of mind and supremelack of humility.Forwhat Lewisohn was always declaiming, out of his self-consciousness in America and his Hebraism,was . .. that if a writeris not rooted in a native culture,if he does not belong or find happiness in his belonging, he is nothing."' Kazin's critique of Ludwig Lewisohn (1883-1955)-the German-born, American-bredliteraryand dramacritic, playwright,essayist, translator,novelist, Zionist activist, and memberof the first BrandeisUniversity faculty-conceals as much as it reveals. To be sure, Lewisohn's literary output, marked by flashes of brilliance,is uneven and generallyregardedas less importantthan that of his contemporaries(e.g., AbrahamCahan,HenryRoth, andAnzia Yezierska)or theAmerican Jewishauthorswho succeeded him (e.g., Saul Bellow, BernardMalamud,and CynthiaOzick).Yet,as Kazin himself intimates,Lewisohn'sspaceworkin no small measurefertilized the soil of Americanletters so that others might participatefully and unapologeticallyin the arenaof American literatureand culturalcriticism. In fact, it was the generationof "Jewish"intellectualswho succeeded LewisohnAlfred Kazin, Philip Rahv,Lionel Trilling,andothersgroupedaroundPartisanReview in the 1930s and 1940s-that eventuallyplayed a seminal role in legitimizing "theemergenceof modernAmericanliteratureaftera period of darkignorance and repressiveVictoriangentility" and proving that "Americahad at last come of age."2How revealing then that Kazin's critical opus, fittingly entitled On Native Grounds,lavishes so much attentionon Lewisohn and draws so deeply from the wellspringaboutwhich he was so clearly ambivalent.Plagued and pained by such critiques in his lifetime, Lewisohn nonetheless possessed keen insight in this regard,as suggested by his ironic quip about Kazin, a "goyish critic who as I didn't know,turnsout to be a Jew and not the right kind" (vol. 2, p. 274).3 1. See Alfred Kazin, On Native Grounds:An Interpretationof ModernAmericanProse Literature (New York:Harcourt,Brace, 1942), pp. 280-281. 2. ibid., p. vii. 3. See Ralph Melnick, The Life and Workof Ludwig Lewisohn (Detroit:Wayne State University, 1998), vol. 2, p. 274.

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MarkA. Raider Against the backdropof such culturalwarfareand,more generally,the anxiety-riddenexperience of Jewish life in the turbulentdecades that bridgedthe late nineteenthand early twentiethcenturies,RalphMelnick'smagisterialtwo-volume study offers a historical and literary corrective on a grand scale. Asserting that Lewisohn was one of the modern era's most importantand thought-provoking American Jewish writers,Melnick also identifies him as a figure whose "vastcontributionto literature,the theater,social change, and the struggle for Jewish survival and renewalhas remainedall but forgotten"(vol. 1, p. 11).4 Swept, as it were, into what Leon Trotskydubbed"the ashbin of history,"Melnick raises the following intriguingquestions:"How might understanding[Lewisohn's]fall into obscurity help us ... ? Why the obscurity when lesser men [remain]known, even celebrated?"(vol. 1, pp. 11-12).5 These are importantideas, rich with possibilities, and ones that also hint at the lopsidedness and idiosyncraticnature of much of contemporaryJewish studies. Melnick persuasivelyarguesthat Lewisohn was an importanttransitionfigure, one of those exceptional individuals in Jewish history whose life and work mirroredthe transformationand modernizationof the Jewish experience in Europe, America, and Palestine. He was also deeply and often centrally involved in elite American,Jewish, and Europeancircles, rubbingshoulderswith many of the world's outstandingwriters, intellectuals, and political leaders, including Sholem Asch, Carl Van Doren, Theodore Dreiser, James Joyce, Sinclair Lewis, Thomas Mann, H. L. Mencken, Paul Robeson, Chaim Weizmann,and Stephen S. Wise. It standsto reason,therefore,thata greatdeal can be learnedaboutJewishlife, American society, and the world of belles lettresgenerallyby scrutinizingthe life of this extraordinary,gifted, and highly self-conscious figure. TheLife and Workof LudwigLewisohnrevealsa great deal aboutits subject. This masterful account, based on years of prodigious and careful research into Lewisohn's volatile and prolific life, weaves togetheran engaging narrativefrom the wide-ranging successes, failings, and foibles of its remarkableand complex subject. However,the study also promises much that it does not deliver. Regrettably,after 1,350 pages of detailed investigation,Melnick fails to propose a forthright argument.We learn an extraordinaryamount-more thanthis readerthought necessary-about the minutia of Lewisohn's life, his maritalconflicts, extramarital affairs, petty jealousies, financial difficulties, and so on, so much so that the author'slaudablegoal of uncovering Lewisohn's entire life appearsto have overwhelmed the biographer,deterringhim from unravelingthe core mysterythatmotivated him in the first place. While Melnick's work compares favorably,on the whole, to other recent biographies of Jewish figures, it does not rise to the level of the handful of preeminentbiographies in the field of Jewish studies, such as, say, Naomi W. Cohen'sJacob H. Schiff"A Study in AmericanJewish Leadership (1999); Ernst Pawel's TheNightmareofReason: A Life ofFranz Kafka (1984); or JehudaReinharz'stwo-volume study of ChaimWeizmann(The Makingofa Zion4. See Ralph Melnick, The Life and Workof Ludwig Lewisohn (Detroit: Wayne State University, 1998), vol. 1, p. 11. 5. ibid., vol. 1, pp. 11-12.

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Review Essay ist Leader, 1985; The Making of a Statesman, 1993). Unlike the latter,Melnick cannot, it seems, get out from underthe considerableweight of his subject. In the final analysis,the dataassembledin TheLife and WorkofLudwig Lewisohn, albeit fascinating and intrinsicallyvaluable, requirea more rigorous conceptual frame. On the macro-level, Melnick'sbiographygenerally adheresto the chronology of Lewisohn'slife and is punctuatedby criticaljunctures in Jewish, American, and world history: WorldWarI, the Bolshevik Revolution, the crash of the stock marketin 1929; the Holocaust, WorldWarII, the creation of Israel, and so forth. At its core, however,the study turnson the complicated story of Lewisohn's passionate and troubledrelationshipswith five women, each of whom plays a pivotal role in his life: his mother,Minna (nee Eloesser) Lewisohn; his first wife, Mary (ArnoldCrockerChilds) Lewisohn,a non-Jewtwentyyearshis senior,who refused to formallydissolve theirmarriageuntil 1937; his second wife, Thelma(nee Spear) Lewisohn, with whom he ran off to Europe in 1924 and who bore his son, James Elias Lewisohn, in 1933; his thirdwife, Edna (nee Manley) Lewisohn, who was twenty years his junior and a convertto Judaism;and his fourth wife, Louise (n~e Wolk) Lewisohn. Each of these episodes is punctuatedwith perceptive and insightfulanalyses of Lewisohn'stroubledpsychology and remarkablestaminaas an engage Jewish writer,critic, and activist. Melnick is at his best and most convincing when, in the course of examining Lewisohn's stream of semi-autobiographicalwritings, he makes the case for the use of fiction as a tool of literaryand historicalanalysis. He demonstrates,for example, how The BrokenSnare (1908), an attack on the elitist social and intellectual climate of earlytwentieth-centuryAmericanhighereducation,parallelsthe young Lewisohn'sisolation qua Jew at Columbia University and marginalization in American society. "Behind the mask of fiction," Melnick explains, "he could weigh everything,without fear of discovery or the pain of confrontation"(vol. 1, p. 120).6 In the telling of a young woman's struggle to be free of her own emotional restraintsand of the Victorian,Pauline ethos that dominatedAmerican society in 1907 and defined her role in the world,he could at once explore his own parental dependency,examine his dispiritingrelationshipwith his first wife, Mary,and attempt to redirecthis life by finding a personal morality that would enable him to satisfy the emotional, sexual, intellectual, and artistic needs that had been unfulfilled for so long (vol. 1, pp. 120-121).7 In a similarvein, Melnick culls importantinsights fromthe controversialautobiography Up Stream.:An American Chronicle (1922), a work that traces Lewisohn'stransformationfrom an assimilated backgroundin Charleston,South Carolina(where he became a believer in "JesusChristas my personal savior"and, like his parents,"anAmerican,a Southerner,and a Christian"),8to his emergence as a publicly and unapologetically self-conscious secular Jew. Melnick uses Up 6. ibid., vol. 1, p. 120. 7. ibid., vol. 1, pp. 120-121. 8. Ludwig Lewisohn, Up Stream:An American Chronicle (New York:Boni and Liverright, 1922), pp. 53, 85.

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MarkA. Raider Stream as a vehicle to scrutinize not only Lewisohn'swritingbut also the prevailing artistic sensibilities and attitudesof the day.In the process, he uncovers a veritable web of intellectualand culturalattachments,associations,and friendshipsin which Lewisohn was deeply enmeshed. Interestingly,several of Lewisohn'sclose friends and associates were great literaryfigures themselves. CarlVan Doren, for example, "admiredLudwig's ability in Up Streamto 'utterthe pain and rebellion in his heart, raising it to something universal.'He himself had been raised to endure and to hide his pain 'with an Indiansilence.'" (vol. 1, p. 296).9 Melnick also points to H. L. Mencken as being "quick to understandLudwig'sjourney toward his Jewish identity"and as someone upon whom Lewisohn had a significant impact (vol. 1, p. 302).0oAs "a GermanJew of sound and civilized stock,"Ludwig's story of involvement with the Methodist Church, and his break from it, was to Mencken "a story of gradual recovery from that supreme storm of spiritual measles-with a dash of majorsurgeryat the end,"Up Streamitself. Withoutthis process, the poet caught "insidethe plasterMethodist"might neverhave emerged. Undoubtedly,Mencken'siconoclastic attitudeadded to this analysis. But as Ludwig himself had finally come to understand,Mencken, too, saw the breakingof this mask as an act of ultimate necessity if he was to affirm his own identity(vol. 1, p. 302).11 Melnick also delves into Lewisohn's self-imposed exile, weaving together the varied strands of his ten-year European sojourn. Lewisohn left the United States following a highly visible and prolific period as literaryeditor of TheNation,which lasted from the end of WorldWarOne until his departurefor Paris in 1924. In Europe, he sought relief from America's restrictive intellectual milieu (where he was "madealwaysto feel a misfit") as well as escape from his first wife, who refused to grant him a divorce and worked assiduously to publicize Lewisohn's alleged marital infidelity and other shortcomings. In this fruitful period, Lewisohn wrote, among other works, The Case ofMr. Crump(1926), an autobiographical novel about his bitter marriageto Mary-hailed by Sigmund Freudas "anincomparablemasterpiece"andby ThomasMannas "standingin the very forefront of modern epic narrative."'2He also producedRoman Summer(1927), in which the Jewish protagonist speaks of his longing for the gentile world, noting that "unless you're a rowdy,American life doesn't give you a chance at the sort of experiencethe artistneeds"'3-a smugjibe, perhaps,at ErnestHemingway,whose The SunAlso Rises appearedin 1926. All told, Lewisohn wrote some twentybooks duringhis Europeanresidence. But it is The Island Within(1928), originally published as The Defeated in 1927, that endures as Lewisohn's most importantand best known novel. (It was republished in 1997 by Syracuse University Press.) Tracingthe saga of a GermanJewish immigrantfamily in America, TheIsland Withinis a work of historicalfiction 9. Ralph Melnick, TheLife and Workof LudwigLewisohn,vol. 1, p. 296. 10. ibid., vol. 1, p. 302. 11. ibid., vol. i, p. 302. 12. Quoted from bookjacket, Ludwig Lewisohn, The Case of Mr. Crump(New York:Henderson, 1930) and pp. vii-viii. 13. Ludwig Lewison, Roman Summer(New Yorkand London:Harperand Bros., 1927), p. 35.

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Review Essay that illuminates not only the nexus between modern Jewry and American society but also Lewisohn's personal life and Weltanschauung. In typically eloquent and artful style, Lewisohn, as narrator, explains the consequences of Jewish emancipation and the anxiety of the modern Jew: The badges of shame were removed;the ghettos were opened; the Jews flooded into the desert of the world.The long strainwas broken,at least in the west of Europe and America, and the old stoicism faded through disuse. The nations said: Be like us and we shall be brothersand at peace! Then began the Jewish practiceof protectivemimicry; and it was practicedthen and has been practiced since in myriad cases, not consciously to escape difference, conspicuousness, and hence danger,but in a spirit of devotion, love, loyalty, fellowship. The Jews have wanted profoundly to be Americans, Englishmen, Germans,even Poles. ... Can such things be done? Can they be done without inflicting an innerhurt,a wound to the moral fiber? Can people in masses, as groups, repudiatetheir ancestryand its experience? Can the Jewish imagination live permanentlyand gladly as though it had shared in the historic experiences which, in fact, Jews watched from without as outcasts and martyrs? ... ForJewishnessis like thatHoundof Heavendescribedby the poet. Ittracks you throughthe universe;it lies in ambushfrom without and from within.You thinkyou have achieved a perfectionand a protectivemimicry and on the lips of your dearest friend you see the unformedsyllable Jew.14 To the dismay of this reviewer, Melnick only infrequently examines The Island Within. One searches in vain for a sustained or extended analysis of the novel in either of the two volumes. Indeed, it seems to be characteristic of Melnick's study that, while abounding with insights, clues, and thought-provoking comments, the biographer is content to cast sidelong glances rather than to ponder and theorize about the wider significance of Lewisohn's oeuvre. Consider, for example, Melnick's treatment of the reception accorded The Island Within by American Jewish critics: Within the Jewish world, Henry Montor'sreview of [March 9, 1928] in the New Palestine spoke first. Noting Ludwig's"metamorphosis"since "cast[ing] his fate irrevocablywith thatof his people" with the publicationof Up Stream, Montorjudged Island to be the American answer to The Education ofHenry Adams,though it touched on problems"morecomplex, their solution less accessible. . . . His criticalfaculties have been sharpened,his powers of analysis have become more profound."... Island was an excoriating attack upon all the disintegratingforces in Jewish life ... evident as the American Jew surrenders to his environment .... Against such "uniformity and standardization,"Montorsaw Ludwig strugglingin a workwhose meritsdeservedto make it a best-seller. (vol. 1, p. 462)15 14.LudwigLewisohn,TheIslandWithin, reprint(Syracuse:SyracuseUniversityPress,1997), pp. 122-123. 15. See Ralph Melnick, TheLife and WorkofLudwig Lewisohn, vol. 1, p. 462.

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MarkA. Raider This would seem to be a ripe opportunityto study TheIsland Withinas a refraction of Lewisohn at the height of his powers;at age forty-five, a matureJewish writer,a recognizable force in American letters, and an astute observer of the American scene. Alas, here as elsewhere in the biography,Melnickbringsus to the brink of discovery,deftly establishing connections between Lewisohn and the social, literary,and political climate of the interwarperiod, but stops short of fully analyzingthis configuration.Is theremeritto Montor'scomparison,andwhatdoes his suggestion reveal about an emergent American Jewish sensibility? What changes and dynamics markedAmerican Jewish life duringthe turbulentdecades between the wars? Finally, is Lewisohn's novel to be regarded as watershedin American Jewish literature,and, if so, how do we gauge its impact? To be sure, the study of Lewisohn'spublishedcorpus would itself constitute an enormous undertaking- forty-fourbooks, forty-six edited and translatedvolumes, and over 130 articles ranging from literaryand dramaticcriticism to fiction to autobiographyto polemics concerningAmericansociety, Judaism,Zionism,and modernity. Such an effort was conducted two decades ago on a modest scale by Seymour Lainoff in a well-conceived, if abbreviated,volume entitled Ludwig Lewisohn.16Though Lainoff's study seemingly does not register in it, Melnick's biographyis informedby the useful scholarlyassessments of two other Lewisohn students, Stanley Chyet and Susanne Klingenstein. It is, perhaps, a commonplace observation that Lewisohn's life and work were shapedby a curiousmixtureof psychology, maritalinfidelity, arrogance,and sheer talent as well as antisemitism, elitism, and wartime forces beyond his control. Such themes are underscoredby the subtitlesof Melnick'svolumes, "ATouch of Wildness"and "This Dark and DesperateAge." It is questionable,however,to what extent the love affairs, unhappymarriages,and personal exploits that Melnick emphasizes, and which did, in reality, color Lewisohn's artistic, intellectual, and political activity,are really useful and instrumentalas modes of analysis. Melnick is, I believe, correctwhen he arguesthat"as a writer,Ludwig lived by words, and in the very process of composing each line, he had often found an opportunity to expose his innermostfeelings and deepest thoughtsto himself. On paper,he could dissect himself, question his motives, rearrangehis ideas, and put the pieces together in a newly integratedpattern"(vol. 1, p. 175).17 This idea was suggested in a slightly differentmannerin 1942 when Henry Montornoted the following in a biographicalsketch published in the UniversalJewish Encyclopedia: Inthe careerof LudwigLewisohnis to be foundthe full cycle of experience of theJewishpeoplein the firsttwogenerations of thetwentiethcentury.The pendulumof his life, whichstartedwithonefaredgeof faintassociationwith problemsastheyaffectJewsinAmerica,swungslowlyandthensharplyto the oppositeextreme,so thathe becamea symbolof Jewspreoccupiedwiththe problemof existenceandnotmerelywiththemethodsof living.'8 16. See SeymourLainoff, Ludwig Lewisohn (Boston: TwaynePublishers, 1982). 17. ibid, vol. 1, p. 175. 18. See Universal Jewish Encyclopedia (1942), p. 26.

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Review Essay TheLife and WorkofLudwig Lewisohn is unquestionablya significant contributionto the fields of Jewish and literarystudies. It is to be hoped that a future biographerwill synthesize Melnick's useful insights and address the important questionsconcerningLewisohn'shistoricalun-personhood,the impactof his writing, and the notion that he was a central figure, if not paradigmatic,of the American Jewish experience. MarkA. Raider State University of New York Albany,New York

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Review: [untitled] Author(s): David Marcus Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 349-350 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131702 . Accessed: 17/07/2011 14:07 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

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AJS Review 26:2 (2002)

BOOK REVIEWS HerbertChananBrichto. TheNames of God: Poetic Readings in Biblical Beginnings. New York:Oxford UniversityPress, 1998. xvii, 462 pp. This book, by the late professor of biblical studies at HebrewUnion College, Cincinnati,is a companionvolume to his Towarda Grammarof Biblical Poetics (Oxford, 1992), in which, by utilizing rhetoricalor poetic techniques,he first made the case for the aesthetic wholeness of the Hebrew Bible. Whereasthe first volume analyzed narrativetexts relating to the prophets, in this volume Herbert Brichto devotes his literaryanalysis to the early Genesis narratives,including the Creation,Flood, and Abrahamstories. Brichto'sphilosophy is clear: There is a common community of discourse between ancientwritersand ourselves. Hence, ancient writerswere fully awareof such modes of discourse as metaphor,figurative language, and irony.To understandthe worldof the Bible, one has to understandthis discourse, andthus one has to be awareof the variousrhetoricalor poetic techniques employed by the ancient writersor else be mired in the bog of literalism.And it is literalists,both religious fundamentalistsand representativesof modern biblical scholarship(the so-called source-critics),againstwhom Brichtoinveighs throughoutthis book. If only scholars of this bent understoodthe biblical idiom and modes of expression, he argues, they would not be led astrayinto the methodological errorsto which they are so prone. Take genre, for example. Correct methodology requiresthat a text be analyzed and then assigned a genre. But what modern critical scholars do is assume thata text belongs to a certaingenre and then interpretit in the light of the assumed genre.They maintain,for example,thatthe narrativeafterGen 2:4b is anotherCreation story by a differentauthorthan that of first Creationstory in Gen 1:1-2:4a. But Brichtodemonstratesthroughhis analysis of the text that this narrativeis not a Creationtext at all; ratherit is a Paradisestory.Thus, there are not two Creation stories, and not two authors. The assertion of unity of authorshipis dominantin Brichto'sbook. Indeed its very title, TheNames of God, is a visible assertionof this unity.Brichto revives the old (andnow long discarded)theory of UmbertoCassuto as to the differentusages of the divine namesYahwehand Elohim. Yahwehis used when there is mention of Israelor the ancestorsof Israel(the patriarchs),Elohim is used for outsiders or for generic descriptionsof God. There was one authorof the Pentateuch,and the unity of the text can be demonstratedby a properunderstandingof its grammar and rhetoric. The rhetoricaldevice that Brichto most frequentlyuses to demonstratethe text's unity is what he terms the synoptic-resumptivetechnique.That is, when the writerfirst briefly describesan action (hence, synoptic;gives a synopsis) and then, in a second account,gives muchmore detail (hence resumptive;the authorresumes the subjectleft off in the first account).This techniqueseems to the reviewerto be 349

AJS Review analogous to the rabbinic exegetical technique called kelal uferat("from general to particular"),but Brichtohas expandedit considerablyand employs it to explain difficulties in texts usually thoughtto contain duplicationsor contradictions.Consider how he arguesfor the unity of the Flood story,for example.The two accounts of the instructionsto bring differentanimals, thoughtto signal two authors,are explained by regardingthe first account as synoptic (a pair of each species), and the second account as resumptive(there are two ordersof pairing:single pairs for the unclean, seven pairs for the clean). Hence, the so-called contradictionno longer exists, the second account is simply a more detailed account of the first. This is a book thatone cannotreadcasually,andreadersare stronglyadvised to have a Hebrew Bible near at hand to follow Brichto'sclose readingof the text. He will demonstratewhen a Hebrewphrase is being used paratactically(connecting parallel sentences by "and")or hypotactically(using statementsparenthetically or by subordinateclauses necessitatingconjunctionssuch as "when,""because," or "although").Sometimes he employs these techniquesvery successfully,as when he deftly demonstrateshow Lot, who had mistakenlyclosed the door behind him (Gen 19:6), is taken back safely into his house by the angels without the mob of riotous townsfolk pouringthroughthe door. In otherinstances,Brichto'ssolutions are a little fanciful and requirereadersto suspend their rationaljudgment in favor of interpretationsthat require acknowledgment of hidden riddles, codes, and metaphorswithin metaphors.However,if one stays the course and follows Brichto's often quite involved arguments,one can only admirehis ingenuity and brilliance, and more often than not one will find oneself rewardedby a new appreciation of familiartexts. David Marcus Jewish Theological Seminaryof America New York,New York

BenjaminD. Sommer.A ProphetReads Scripture:Allusion in Isaiah 40-66. Contraversions: Jews and Other Differences. Stanford: Stanford University Press, 1998. xiii, 355 pp. BenjaminD. Sommerelevates the analysis of inner-biblicalinterpretationto the next level of sophisticationand rigor in this volume, a substantiallyrevisedversion of his University of Chicago doctoraldissertationwrittenunderthe direction of Michael Fishbane. He focuses on the reuse of older biblical materialin a specific biblical text, Isaiah 40-66. These chaptersof the book of Isaiah, seen as an additionmade a century and a half later to Isaiah 1-39, are assigned to an anonymous sixth-centuryprophetcalled, for the sake of convenience,Deutero-Isaiah.By treating the reuse of older biblical material in Deutero-Isaiah,Sommer is able to delineate what might be distinctive in Deutero-Isaiah'smethods of inner-biblical interpretation,a desirablenext step in the analysis of inner-biblicalinterpretation. What is impressive in Sommer'sbook is his ability to move to largerissues in bib350

Review: [untitled] Author(s): Pamela Barmash Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 350-352 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131703 . Accessed: 17/07/2011 14:07 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review analogous to the rabbinic exegetical technique called kelal uferat("from general to particular"),but Brichtohas expandedit considerablyand employs it to explain difficulties in texts usually thoughtto contain duplicationsor contradictions.Consider how he arguesfor the unity of the Flood story,for example.The two accounts of the instructionsto bring differentanimals, thoughtto signal two authors,are explained by regardingthe first account as synoptic (a pair of each species), and the second account as resumptive(there are two ordersof pairing:single pairs for the unclean, seven pairs for the clean). Hence, the so-called contradictionno longer exists, the second account is simply a more detailed account of the first. This is a book thatone cannotreadcasually,andreadersare stronglyadvised to have a Hebrew Bible near at hand to follow Brichto'sclose readingof the text. He will demonstratewhen a Hebrewphrase is being used paratactically(connecting parallel sentences by "and")or hypotactically(using statementsparenthetically or by subordinateclauses necessitatingconjunctionssuch as "when,""because," or "although").Sometimes he employs these techniquesvery successfully,as when he deftly demonstrateshow Lot, who had mistakenlyclosed the door behind him (Gen 19:6), is taken back safely into his house by the angels without the mob of riotous townsfolk pouringthroughthe door. In otherinstances,Brichto'ssolutions are a little fanciful and requirereadersto suspend their rationaljudgment in favor of interpretationsthat require acknowledgment of hidden riddles, codes, and metaphorswithin metaphors.However,if one stays the course and follows Brichto's often quite involved arguments,one can only admirehis ingenuity and brilliance, and more often than not one will find oneself rewardedby a new appreciation of familiartexts. David Marcus Jewish Theological Seminaryof America New York,New York

BenjaminD. Sommer.A ProphetReads Scripture:Allusion in Isaiah 40-66. Contraversions: Jews and Other Differences. Stanford: Stanford University Press, 1998. xiii, 355 pp. BenjaminD. Sommerelevates the analysis of inner-biblicalinterpretationto the next level of sophisticationand rigor in this volume, a substantiallyrevisedversion of his University of Chicago doctoraldissertationwrittenunderthe direction of Michael Fishbane. He focuses on the reuse of older biblical materialin a specific biblical text, Isaiah 40-66. These chaptersof the book of Isaiah, seen as an additionmade a century and a half later to Isaiah 1-39, are assigned to an anonymous sixth-centuryprophetcalled, for the sake of convenience,Deutero-Isaiah.By treating the reuse of older biblical material in Deutero-Isaiah,Sommer is able to delineate what might be distinctive in Deutero-Isaiah'smethods of inner-biblical interpretation,a desirablenext step in the analysis of inner-biblicalinterpretation. What is impressive in Sommer'sbook is his ability to move to largerissues in bib350

Book Reviews lical studies and to parallelissues in otheracademic and intellectualpursuitsoften ignored in biblical studies. The book also exhibits a clarity of writing and argument in what in many ways is a highly technical subject. Sommer commences with a discussion of the distinction between allusion and intertextuality,defining his projectas an analysis of allusion because allusion reflects the intent of an author,whereas intertextualityis a constructin the mind of the reader.This allows him to sidestep the difficulty of determiningwhether a readerwould even recognize the reuse of materialand, more importantly,to connect the text to the guiding handof a particularprophetand to connect thatprophet to his time and place in the historical developmentof Israelitereligion. Sommer isolates the stylistic traits of Deutero-Isaiah'sreuse of older material and arguesthat Deutero-Isaiah,while often making recourseto methods of inner-biblicalexegesis used elsewhere, utilizes a numberof methods whose combination is rarelyfound elsewhere. He often splits up a phrase from older material into a unit in which the constituentparts of the phrase may be separatedby several words or even several verses. This is employed in combinationwith word play, where a borrowedword is used in a differentsense from its source, and sound play, where wordsfrom Deutero-Isaiah'ssource are linked to similar-soundingwords in his oracles. Sommer links Deutero-Isaiah'sallusions to his theological program. For example, materialthat refers to the Davidic monarchis typically transformed by Deutero-Isaiahto referto the Israelitenation as a whole. Deutero-Isaiahdeliberatelyexcludes mention of the Davidic monarchybecause his theology excludes the restorationof the David monarchy. Sommer shows that Deutero-Isaiahmakes extensive use of material from otherprophets.One of Sommer'smost interestingconclusionsis that,while DeuteroIsaiah does allude to materialfrom First Isaiah, he makes more extensive use of Jeremiah.This refutes the claim made by some biblicists that Deutero-Isaiahpossesses an organicconnectionto FirstIsaiahand was intentionallywrittenas an appendix to First Isaiah. The ramificationof this is that the placement of DeuteroIsaiah on an Isaianic scroll is mere coincidence. Deutero-Isaiahcould have, by chance, been placed on a scroll at the conclusion of Jeremiah. Sommer'schapteron Deutero-Isaiah'suse of psalms carefullygrappleswith the quandaryof identifyingallusions to materialthat is so stereotypical.When the psalms sound so much alike, how can it be determinedthat Deutero-Isaiahis referring to a particularpsalm ratherthan utilizing psalmic language in general? Throughouthis study, Sommer struggles with the tentativenessof identifying allusions, but it is here that his argumentationis most rigorous. Sommer concludes his volume by placing Deutero-Isaiah'sactivity into a general scheme of development. Deutero-Isaiah bases his prophecy on older prophecies ratherthan on direct experience of the divine word; his prophetic office is textualized in allusion and recasting of older words. In this way, DeuteroIsaiah prefiguredthe tendency of the Second Temple period to rely on the interpretationof texts so as to become a hermeneuticallybased religion. Furthermore, Deutero-Isaiah'sconfirmationof older prophecies of doom is employed to prove that earlier prophets spoke accurately,thus legitimizing the entire enterprise of prophecy.At the same time, the use of allusions strengthensDeutero-Isaiah'sown 351

AJS Review authority.Deutero-Isaiah'srepetition of messages of comfort, called by the term "reprediction,"and his reversal of earlier negative prophecies to positive ones, which conforms to Deutero-Isaiah'smessage of restoration,are legitimated because they are based themselves on authoritativematerial. Of course, one could alwaysquibblethatsome of the allusions Sommeridentifies are not certainbut merely possible, but such objections are basically immaterial. Mildly troubling,however,are the boundariesSommer sets aroundcertain texts that have been identified as later than Deutero-Isaiahand his refusal to treat possible allusions to them in Deutero-Isaiah.A futurestudycould focus on the use of allusion to date texts, especially pentateuchaltexts. In sum, Sommer's outstanding volume sparkles with originality and is a stimulatingadvance in the study of inner-biblicalinterpretation. Pamela Barmash WashingtonUniversity of St. Louis St. Louis, Missouri

Gabriele Boccaccini. Beyond the Essene Hypothesis: TheParting of the WaysBetween Qumranand Enochic Judaism. GrandRapids:William B. Eerdmans,1998. xx, 230 pp. Boccaccini makes two importantcontributionsin this work:he employs the methods of intellectual history to give a novel account of the origins of the Qumran community and he seeks to overcome the supersessionism characteristicof Christianstudies of ancient Judaism. Boccaccini tells a storyof threeschisms. Firstcame "anancientschism within the Jewish priesthoodbetween Enochians and Zadokites"(p. 78), groups with "directlyopposed" (p. 72) ideologies. Second, after a post-MaccabeanRevolt appropriationof Zadokitetraditionsby some Enochians(reflectedin Jubileesandthe Temple Scroll), came "the birthof a schismatic group"(p. 114) of Enochiansdissatisfied with the Zadokiteestablishment(reflected in the HalakhicLetter).Third came the formationof a sect with Enochic roots, "theschism between Qumranand Enochic Judaism"(p. 119).1 Otherdiscussions of the Enochian/Zadokitedivision are cited, but Boccaccini's formulation seems more extreme: "The Enochians completely ignore the Mosaic torah and the Jerusalemtemple" (p. 74). This seems incompatiblewith Kugler'scharacterizationof early dispute as "still quite tame ... [with] room for differences of opinion," and with Himmelfarb's characterizationof Enoch as "deeplydevotedto the ideal of the temple understoodin a quiteconcreteway,"both cited for support(p. 78). Indeed,the claim that Enochians"ignored"the torah of 1. Forhelpful discussion of Boccaccini on the origins of the Qumrancommunity,see J.C.VanderKam,"A Response to G. Boccaccini, Beyond the Essene Hypothesis:The Parting of the Waysbetween Qumranand Enochic Judaism."Henoch (forthcoming,2000).

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Review: [untitled] Author(s): Hindy Najman Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 352-354 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131704 . Accessed: 17/07/2011 14:07 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review authority.Deutero-Isaiah'srepetition of messages of comfort, called by the term "reprediction,"and his reversal of earlier negative prophecies to positive ones, which conforms to Deutero-Isaiah'smessage of restoration,are legitimated because they are based themselves on authoritativematerial. Of course, one could alwaysquibblethatsome of the allusions Sommeridentifies are not certainbut merely possible, but such objections are basically immaterial. Mildly troubling,however,are the boundariesSommer sets aroundcertain texts that have been identified as later than Deutero-Isaiahand his refusal to treat possible allusions to them in Deutero-Isaiah.A futurestudycould focus on the use of allusion to date texts, especially pentateuchaltexts. In sum, Sommer's outstanding volume sparkles with originality and is a stimulatingadvance in the study of inner-biblicalinterpretation. Pamela Barmash WashingtonUniversity of St. Louis St. Louis, Missouri

Gabriele Boccaccini. Beyond the Essene Hypothesis: TheParting of the WaysBetween Qumranand Enochic Judaism. GrandRapids:William B. Eerdmans,1998. xx, 230 pp. Boccaccini makes two importantcontributionsin this work:he employs the methods of intellectual history to give a novel account of the origins of the Qumran community and he seeks to overcome the supersessionism characteristicof Christianstudies of ancient Judaism. Boccaccini tells a storyof threeschisms. Firstcame "anancientschism within the Jewish priesthoodbetween Enochians and Zadokites"(p. 78), groups with "directlyopposed" (p. 72) ideologies. Second, after a post-MaccabeanRevolt appropriationof Zadokitetraditionsby some Enochians(reflectedin Jubileesandthe Temple Scroll), came "the birthof a schismatic group"(p. 114) of Enochiansdissatisfied with the Zadokiteestablishment(reflected in the HalakhicLetter).Third came the formationof a sect with Enochic roots, "theschism between Qumranand Enochic Judaism"(p. 119).1 Otherdiscussions of the Enochian/Zadokitedivision are cited, but Boccaccini's formulation seems more extreme: "The Enochians completely ignore the Mosaic torah and the Jerusalemtemple" (p. 74). This seems incompatiblewith Kugler'scharacterizationof early dispute as "still quite tame ... [with] room for differences of opinion," and with Himmelfarb's characterizationof Enoch as "deeplydevotedto the ideal of the temple understoodin a quiteconcreteway,"both cited for support(p. 78). Indeed,the claim that Enochians"ignored"the torah of 1. Forhelpful discussion of Boccaccini on the origins of the Qumrancommunity,see J.C.VanderKam,"A Response to G. Boccaccini, Beyond the Essene Hypothesis:The Parting of the Waysbetween Qumranand Enochic Judaism."Henoch (forthcoming,2000).

352

Book Reviews Enoch's "rivalMoses" (p. 74) is supportedonly by an argumentfrom silence: 1 Enoch's omission of the Mosaic covenant and the gift of torah. It is unclear what such omissions prove, especially since Boccaccini does not explain which traditions and laws were then thought to comprise "Mosaic torah."He acknowledges "a common mythological heritage shared by both Enochians and Zadokites" (p. 77), butregardspentateuchaltraditionsas "Zadokitetorah"(p. 71). When these traditionswere redacted,and how much pentateuchallaw Enochians shared,are left unclear. Boccaccini's assertion of ideological opposition seems driven by the desire to emulate "the study of the history of competing philosophical positions in antiquity" (p. xiv). But the distinctive characterof text production,redaction, and transmissionin ancientJudaismrendersthe applicationof such a model problematic. The complex interrelationsbetween shared traditionsimplies that any division into two "directlyopposed"schools must go beyond the evidence. Boccaccini has an explanationfor texts in which Enochic and Zadokite elements mingle: Jubilees and the Temple Scroll testify to an innovativeattemptby Enochians to appropriateZadokite torah. But there is no evidence that the mingling is innovativeunless the earlierthesis of an ideological schism is accepted. "Rewrittenbibles" may be viewed not as attempts to replace established pentateuchaltexts, but,rather,as late productsof the redactionaland interpretiveprocess that also producedbiblical texts.2 Boccaccini claims that the Temple Scroll "does not recognize the Mosaic torah as its source. It claims to be an independentrevelation from God that drew its authorityfrom the same archetype,the heavenly tablets"(p. 100). In fact, the Scroll explicitly acknowledges neither Mosaic torah nor the heavenly tablets invoked in Jubilees as the source of its authority.But Boccaccini's dualistic history requiresthat it acknowledge one or the other. He thinks that it acknowledges the tablets because of its intellectualaffinities with Enochic Judaismand Jubilees in particular(pp. 100-101). However,he ignores the possibility that to interpretively recastpentateuchaltraditionswas to acknowledgeMosaic torahas one's source. To privilegeintellectualaffinities overexegetical and redactionalrelationsis to impose the methods of the history of ancient schools on the culture of ancient Judaism. Boccaccini's preface eloquently attests to his interest in Jewish-Christian friendshipandhis desire to undo the effect upon Second Templeresearchof"a cultural patternthat for confessional reasons aimed to present Christianityand Judaism as separateand independentmonoliths" (p. xiii). However,he avoids portraying Second Temple Judaism as either proto-Christianor proto-Rabbinicby portrayingit as both. This avoids being narrowly confessional, but still appears anachronistic.We must await a forthcomingbook for his views on the origins of Rabbinic Judaism.But it is clear from this book that, although he rejects the interpretationof the Qumrancommunityas proto-Christian,he views the Christians as "the most direct heirs of Enochic Judaism,"while "the rabbis . . . fiercely op2. I have discussed the problematicterm"rewrittenbible" in "Interpretationas PrimordialWriting: Jubileesand Its AuthorityConferringStrategies."JSJ 30 (1999) 407-409.

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AJS Review posed it" (p. 159). This view overstatesboth the continuitybetween Enochic Judaism and Christianityand the discontinuitywith RabbinicJudaism.Enochic aspects of rabbinicmerkavahtraditionsare unmentioned,while the gradualdeemphasis of Enochic traditionswithin the Churchis explained as follows: "If most Churchesgraduallyrejectedthose [ancientEssene] documentsfrom their canons, it was because the Church'sconfrontationwith RabbinicJudaismdid not encourage a relation with a movement that the Church'sdirect competitors considered only a nest of heretics"(p. 190). No evidence is given either for the ascriptionof this attitudeto the rabbis or for the influence of rabbinicviews about heresy upon the Church. Boccaccini attempts to avoid confessional history of Second Temple Judaism, in which "the literatureof the period was forced into confessionally divided corpora only to serve as weapons for theological disputes"(p. xiii). However, the effect of his division between Enochian and Zadokite schools of thoughtis to make his own study oddly reminiscent of the kind of history he rejects. The difference is that, where others have divided Second Temple literatureinto confessionally divided corpora for the sake of contemporarytheological disputes, Boccaccini sees the Second Temple period itself as the scene of theological disputes between two confessional groups with their own textual corpora.His provocative account, situatedwithin a complex overview of the origins of both Christianityand Rabbinic Judaism,will stimulate discussion for years to come. Hindy Najman University of Notre Dame Notre Dame, Indiana

Erich Gruen.Heritage and Hellenism: TheReinventionof Jewish Tradition.Hellenistic Cultureand Society. Berkeley: University of California Press, 1998. xx, 335 pp. Erich S. Gruen, a leading Greco-Romanhistorian,here presents the results of several years of research in the field of Jewish history. Positioning himself as the gadfly in his adopted field, he describes certainconsensus positions of scholars in Jewish studies and proceeds seriatim to question or deconstructthem. This makes for interestingreading,and in some cases a significant challenge to the standardviews of textbooks on the subject. Only some of his challenges can be mentioned here. The first consensus he engages is the one that sees the Maccabeanwar as a revolt of the saints againstthe corrosive inroadsof Greekcultureand politics, followed,ironically,by the thoroughHellenizationof the resultantHasmoneanregime (pp. 1-40). The embraceof Hellenistic kingship afterthe MaccabeanRevolt is accepted by scholars as a surprising but understandableassimilation to the ineluctableforce of Hellenism. Gruendenies this common interpretationof the MaccabeanRevolt, arguingthatthe Maccabeeswere not opposed to Hellenism as such, 354

Review: [untitled] Author(s): Lawrence Wills Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 354-356 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131705 . Accessed: 17/07/2011 14:07 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review posed it" (p. 159). This view overstatesboth the continuitybetween Enochic Judaism and Christianityand the discontinuitywith RabbinicJudaism.Enochic aspects of rabbinicmerkavahtraditionsare unmentioned,while the gradualdeemphasis of Enochic traditionswithin the Churchis explained as follows: "If most Churchesgraduallyrejectedthose [ancientEssene] documentsfrom their canons, it was because the Church'sconfrontationwith RabbinicJudaismdid not encourage a relation with a movement that the Church'sdirect competitors considered only a nest of heretics"(p. 190). No evidence is given either for the ascriptionof this attitudeto the rabbis or for the influence of rabbinicviews about heresy upon the Church. Boccaccini attempts to avoid confessional history of Second Temple Judaism, in which "the literatureof the period was forced into confessionally divided corpora only to serve as weapons for theological disputes"(p. xiii). However, the effect of his division between Enochian and Zadokite schools of thoughtis to make his own study oddly reminiscent of the kind of history he rejects. The difference is that, where others have divided Second Temple literatureinto confessionally divided corpora for the sake of contemporarytheological disputes, Boccaccini sees the Second Temple period itself as the scene of theological disputes between two confessional groups with their own textual corpora.His provocative account, situatedwithin a complex overview of the origins of both Christianityand Rabbinic Judaism,will stimulate discussion for years to come. Hindy Najman University of Notre Dame Notre Dame, Indiana

Erich Gruen.Heritage and Hellenism: TheReinventionof Jewish Tradition.Hellenistic Cultureand Society. Berkeley: University of California Press, 1998. xx, 335 pp. Erich S. Gruen, a leading Greco-Romanhistorian,here presents the results of several years of research in the field of Jewish history. Positioning himself as the gadfly in his adopted field, he describes certainconsensus positions of scholars in Jewish studies and proceeds seriatim to question or deconstructthem. This makes for interestingreading,and in some cases a significant challenge to the standardviews of textbooks on the subject. Only some of his challenges can be mentioned here. The first consensus he engages is the one that sees the Maccabeanwar as a revolt of the saints againstthe corrosive inroadsof Greekcultureand politics, followed,ironically,by the thoroughHellenizationof the resultantHasmoneanregime (pp. 1-40). The embraceof Hellenistic kingship afterthe MaccabeanRevolt is accepted by scholars as a surprising but understandableassimilation to the ineluctableforce of Hellenism. Gruendenies this common interpretationof the MaccabeanRevolt, arguingthatthe Maccabeeswere not opposed to Hellenism as such, 354

Book Reviews but to the oppressive policies of Antiochus IV Epiphanesin particular. He points out that the enemies named in 1 and 2 Maccabees are not Greeks but the surroundingnations,likenedto the enemies of Israelof old, the Ammonites, Moabites, and so on. The ongoing diplomaticrelations between the Maccabees and the Seleucids would tend to confirm this. Some corroborationof his thesis can be found in the roughly contemporarybut fictionalized work Judith, where the enemy is also, first, the Assyrian and Babylonianempires, but in addition the surrounding nationsdescribedas Ammonites, Moabites, Canaanites,and Edomites (Jdt 5:2-3, 7:8). However,the consensus view of the MaccabeanRevolt as an inevitableconflict between Judaismand Hellenism cannot so easily be replaced with the different but equally simple dichotomyof Israel versus the nations. 1 Maccabees does seem to identify the enemy as the peoples roundabout,but 2 Maccabees becomes an importanttest case for Gruen'sthesis. While it is true that Seleucid figures can indeed be portrayedpositively (3:3, 4:36, 8:20), they are often seen in direct opposition to Jewish piety (4:9-15, 11:24), and while the surroundingpeoples are sometimes depictednegatively(8:9, 16), they can also be viewed in a positive way (4:35, 49; 12:29-31). To cloud the distinction further, ta ethnd, "the nations," sometimes seems to refer to the Greeks (6:4, 13:11); sometimes to non-Greeks (12:13, 14:14, 15:8-10); and sometimes to both (8:5, 9, 16), althoughit is in some cases unclear.A more workableconclusion can perhapsbe derived from Robert Doran's study of 2 Maccabees as Temple propaganda(TemplePropaganda: The Purpose and Characterof 2 Maccabees): how groups or individuals are viewed, and what ta ethndmeans, is determinedsimply by their relationto the Templeand to Judaism.In other words, the valuationsof Greeks and surroundingnations are not absolute, but always stand in relation to the Temple and Jewish interests.The culturalopposition of Judaismto Hellenism, or of Israel to the surroundingnations, may perhapsbe bettersubsumedin 2 Maccabees underone umbrella. As anotherchallenge, Gruenarguesthat in readingthe more imaginativeand fictitious Hellenistic Jewishtexts, scholarsoften look for political referencesin all the wrong places, and have as a result missed the irony and humor in the texts (chaps. 5-7). Withthat,they also miss an affirmationof Jewish identity confident enough to include barbed satire of both pagan and Jewish figures. Third Maccabees, ApocryphalEsther,Tales of the Tobiads,and Letter ofAristeas all, in his view, reveal a subtle but unmistakabletweaking of pagan and/or Jewish sensibilities. He may be correct,but to readthe ancient audience'ssense of subtle irony is not easy, especially in such texts as ApocryphalEsther or Talesof the Tobiads.In the formerI would see moreromanticizingthansatrizing(unlikethe Masoreticversion of Esther),and in the Talesof the Tobiadsthe supposedskeweringof the Ptolemaic king may reflect insteada common ancient topos of how a clever person can ingratiatehim or herself with a powerfulking throughaplomb(compare2 Sam 12, 14;Herodotus1.27, 3.34; Plutarch,Alexander 14.2; TheEloquentPeasant). In reading these chapters,I could not help but notice that Gruen consistently referredto sections of my own works where he perceived a disagreement,but not to places where I had investigated similar themes (note The Jewish Novel in the Ancient 355

AJS Review World,pp. 44, 61-62, 68-69, 80-86, 130 n. 60, 132-157, 169, 190-191, and especially 245 -256 on the Jewish satiricalnovel). Tobe sure,Gruensometimespresses for a satiricalreadingwhere I do not find it, but both of us seek out irony,satire, humor,and relatedissues in very similarways in our works, though sometimes in relationto differenttexts. One wonders, for example, why Gruenbarelymentions the humor and irony found in Judith,Tobit, and TestamentofAbraham,irony that in the lattertwo cases pokes fun at cherishedJewish values. A third scholarly consensus that Gruen critiques concerns Book 3 of the Sibylline Oracles (pp. 268-291). Many have identified a Jewish core composed in Egypt in the second century B.C.E., based on, among other things, referencesto the "seventhking." Gruen does not so much dispute this particular judgment as the notion that a historical context, or even a geographicallocation, can be discerned. He raises interesting objections to various theories, but does not, to my mind, close the subject. True, Ptolemaic kings were not numberedsequentiallyto distinguish them as we do (pp. 276-277), but that would not preclude an intentionally obscure text from referringto the kings by number.True, identifying the "widow who rules the world"as Cleopatraruns into the problemthat she was not known principallyas a widow nor did she rule the world (pp. 279-280). However, she did rule because she was the widow of a Ptolemaicking, and she may very well have been symbolized in Egypt hyperbolicallyas ruling the world. Arising from Gruen'schallenges is the consistent thesis that Judaismin the Greco-Romanperiod can be characterizedas an exuberantengagementwith Hellenistic cultureand not as a conflict of worldviews. Gruenthus wants to avoid the usual stereotypeof the pious struggle of Jews to maintaintheir identity underthe onslaught of the dual threatof annihilationand assimilation.Despite the reservations noted, the book will be a very welcome additionto the field of ancient Jewish studies. Simply by retracingthe evidentiarybasis for many of the acceptedconclusions of Jewish studies, Gruen forces a very salutaryreconsiderationof them. His challenges may not induce scholars to change their minds, but they will be forced to consider each and every one of them, and in several cases may find that theirconclusions will have to be altered.Futuretreatmentsof these issues will likely have to run throughGruen'swork and engage in what will be a very interesting dialogue. LawrenceWills School Divinity Episcopal Cambridge,Massachusetts

Michael Berger.RabbinicAuthority.Oxford: Oxford University Press, 1998. xii, 226 pp. Understandingthe authorityof "the rabbis,"the sages of the Mishnah and Talmudwho lived during the first five centuries of the common era, has always been a tricky business. The sages grounded their authorityon the concept of the 356

Review: [untitled] Author(s): Jeffrey L. Rubenstein Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 356-359 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131706 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review World,pp. 44, 61-62, 68-69, 80-86, 130 n. 60, 132-157, 169, 190-191, and especially 245 -256 on the Jewish satiricalnovel). Tobe sure,Gruensometimespresses for a satiricalreadingwhere I do not find it, but both of us seek out irony,satire, humor,and relatedissues in very similarways in our works, though sometimes in relationto differenttexts. One wonders, for example, why Gruenbarelymentions the humor and irony found in Judith,Tobit, and TestamentofAbraham,irony that in the lattertwo cases pokes fun at cherishedJewish values. A third scholarly consensus that Gruen critiques concerns Book 3 of the Sibylline Oracles (pp. 268-291). Many have identified a Jewish core composed in Egypt in the second century B.C.E., based on, among other things, referencesto the "seventhking." Gruen does not so much dispute this particular judgment as the notion that a historical context, or even a geographicallocation, can be discerned. He raises interesting objections to various theories, but does not, to my mind, close the subject. True, Ptolemaic kings were not numberedsequentiallyto distinguish them as we do (pp. 276-277), but that would not preclude an intentionally obscure text from referringto the kings by number.True, identifying the "widow who rules the world"as Cleopatraruns into the problemthat she was not known principallyas a widow nor did she rule the world (pp. 279-280). However, she did rule because she was the widow of a Ptolemaicking, and she may very well have been symbolized in Egypt hyperbolicallyas ruling the world. Arising from Gruen'schallenges is the consistent thesis that Judaismin the Greco-Romanperiod can be characterizedas an exuberantengagementwith Hellenistic cultureand not as a conflict of worldviews. Gruenthus wants to avoid the usual stereotypeof the pious struggle of Jews to maintaintheir identity underthe onslaught of the dual threatof annihilationand assimilation.Despite the reservations noted, the book will be a very welcome additionto the field of ancient Jewish studies. Simply by retracingthe evidentiarybasis for many of the acceptedconclusions of Jewish studies, Gruen forces a very salutaryreconsiderationof them. His challenges may not induce scholars to change their minds, but they will be forced to consider each and every one of them, and in several cases may find that theirconclusions will have to be altered.Futuretreatmentsof these issues will likely have to run throughGruen'swork and engage in what will be a very interesting dialogue. LawrenceWills School Divinity Episcopal Cambridge,Massachusetts

Michael Berger.RabbinicAuthority.Oxford: Oxford University Press, 1998. xii, 226 pp. Understandingthe authorityof "the rabbis,"the sages of the Mishnah and Talmudwho lived during the first five centuries of the common era, has always been a tricky business. The sages grounded their authorityon the concept of the 356

Book Reviews dualTorah-the belief thatGod revealedto Moses, in additionto the writtenTorah, an oral Torah,which was passed down in an unbrokenchain from generation to generation.However,the emergenceof Jewish historicalconsciousness duringthe Enlightenmentrenderedthis view difficult to maintain.The rise of criticalbiblical studies revealeda gap betweenthe religion of the Bible and RabbinicJudaism.On what basis, then, are the pronouncementsof the talmudic sages authoritativefor subsequentgenerationsof Jews? In RabbinicAuthority,Michael Berger offers a sophisticatedexplorationof this topic. His method is that of philosophy of religion, the enterpriseof employing the tools of analyticphilosophy"to treatissues of religious thoughtseriously." The book is not intendedas a historicalsurvey of the differentways Jewishthinkers have explainedrabbinicauthorityin the past. Rather,Bergerpresentsvariousmodels that help justify, explain, and legitimate the privileged place of "the rabbis"in traditionalJudaism.He hopes "to unpackthe notion of the authoritypossessed by the talmudic Sages in Judaismand ... to lay bare the assumptionsthat undergird it and the implicationsthat follow from it" (p. viii). The book is thereforea type of apologetics-in the non-pejorativesense of the term. It provides a well-reasoneddefense, or various possible defenses, of traditionalJewish notions of authorityin light of the problemsraised by modernhistorical-criticalstudy.While Bergerdisavows any attemptto "justifythe normative claim that a Jew must obey talmudic law or even to prove that Rabbinicauthority is an internally coherent concept," these motivations seem to lurk in the background.And while Berger'sprobing discussions certainly do not offer simplistic answers,he provides valuableresources that a traditionalJew who wishes to participate intellectually in modern Westernculture could use in constructing a coherenttheology.A majorvirtueof the book is its honest and comprehensiveanalysis of both the utility and the problemsof differentjustifications of authority. Bergeradopts the philosopherR. S. Peters'distinctionbetween "in authority" and "an authority"to organize the models he discusses in the book's first two parts. Someone "in authority"possesses authorityby virtue of holding a certain office or rank, and not necessarily because of any personal quality or character trait.This applies, for example, to army officers, governmentofficials, and most types of institutionalauthorities.One who is "an authority,"on the other hand, holds authoritybecause of individualqualities, such as expertise or competence. My assessmentof anotherperson'sknowledge in an area such as medicine renders that person'smedical judgments authoritativefor me. ChaptersTwo throughFour begin with models of the talmudicsages "in authority."ChapterTwo explores the possibility that the sages serve as "thejudge in charge at the time," whom Deut. 17:9 instructsthe Israelitesto obey. Here rabbinic authoritystems from a divine commandauthorizingfuturerabbisto determinethe law. ChapterThree considers the more conventionalnotion thatthe talmudic sages constitutedthe Sanhedrin(or heirsto the Sanhderin),the highestJewishjudicial institution.ChapterFourlocates rabbinic authorityin the practice of ordination, an official licensing by which a sage received a type of certificationof his position. The sages essentially stand in the place of Moses, the divinely appointedleader, insofar as they function as his substitutein each succeeding generation. 357

AJS Review The next two chaptersshift to the sage functioningas "an authority."Chapter Five attributesrabbinicauthorityto general expertise in biblical interpretation and Jewish law. One could rationallyaccept rabbinicauthorityon the groundsthat the talmudic sages possessed the greatest knowledge of Torahand understanding of the divine will. ChapterSix investigates the conception of the sages as divinely guided, either through an oral traditionpassed down since the time of Moses, through contemporarydivine inspiration, or through an "indeterminate"divine policy authorizingany interpretationsthat futuresages might propound. Berger's analysis of these models is extremely thorough. So thorough, in fact, that in each case he finds significant problems with the use of the model to satisfactorily ground rabbinic authority.Two problems, in particular,crop up repeatedly. First, it is difficult to see why many justifications of rabbinic authority should be limited to the talmudic sages, as opposed to the geonim or the medieval rabbis.Yet traditionalJudaism considers the talmudic sages as possessing an authority far beyond that of their spiritual heirs. For example, if the talmudic sages function as "the judge in charge at that time," why is a rabbi of the tenth century (or a contemporaryrabbi for that matter)any less authoritative?He, too, is the "judge in charge at that time," and should possess commensurateauthority. Similarly, if the sages hold authorityby virtue of their expertise in interpreting Torah or understandingthe divine will, could not later rabbis make similar claims? Second, the conclusions of modern historical study raise certain difficulties. Little historicalevidence suggests thatthe Sanhedrincontinuedafterthe destruction of the Temple, and even less that the talmudic sages actually occupied positions in the Sanhedrin.Moreover,the Sanhedrinnever functionedin the diaspora, so to see the Babylonian sages as a Sanhedrinor as heirs to the Sanhedrinis problematic.The history of the practice of rabbinicordinationis also murky,and it, too, was not practicedin Babylonia. Berger discusses the counter-argumentsto each of these objections, and the issues are more complex thancan be summarized here. But in these chaptersthe difficulties tend to outweighthe possibilities for coherent models of authority. Part Three, "RabbinicAuthority as AuthorityTransformed,"is the richest and most creative section of the book. Here Berger locates authoritynot in a conventional hierarchicalmodel but in a "bottom-up"paradigmby which the people accept authorityupon themselves. ChapterSeven considers whetherthe authority of the talmudic sages can be located as the "collective will" of the Jewish people accepting the halakhah laid out by the rabbisas normativepractice. Rabbinicauthorityderivesnot fromthe institutionalor personalauthorityof the sages but from a communaldecision to recognize thatauthority,much as a communityrecognizes a certainjudicial system to resolve its disputesand interpretits laws. ChapterEight offers an interesting analysis of the textual authorityof the BabylonianTalmud. The dictates of individualtalmudic sages were transformedinto the authorityof a text that became the center of Jewish tradition,the object of study and basis for law of subsequentgenerations.Here, Bergermakes use of the philosopherRonald Dworkin's famous metaphor for understandingthe way laws are interpretedin a legal tradition.Dworkin compares a legal traditionto the writing of a book, such 358

Book Reviews that one authorwrites the first chapterand then passes the book to a different author to write the second, and to yet anotherto write the third. Each authoris free to take the plot in a differentdirection,but must remain somewhat faithful to the earlierchaptersif the book is to be coherent. In this view, rabbinicauthorityembodies "whatthose within the communityliving by talmudicnorms feel: that their legal deliberations,their normativelifestyle, their way of orderingthe world are all based on the words of the talmudic sages" (p. 124). ChapterNine, "RethinkingAuthority:InterpretiveCommunitiesand Forms of Life," invokes Wittgenstein'snotion of language-games and the literary critic Stanley Fish's conception of an "interpretivecommunity."Fish argues that while texts do not have stable meanings in any absolute sense, and hence that interpretation, in theory, is completely subjective, in practice we all live within "interpretive communities"that provide shared assumptions, rules, and conventions. For Berger,this means thatrabbinicauthorityneed not be understoodseparatelyfrom the traditionalJewish "formof life," which is built on such "sharedassumptions" as the importanceof Talmudstudy,the thousand-yearcommentarialtradition,and the centralityof normativepractice.Rabbinicauthorityis not an externalforce imposed on an individual,but is "embeddedin the interpretivecommunity'sunique form of life and its actual practices"(p. 146). From some disembodied external perspective, it may be difficult to ground rabbinic authority on a sound philosophical basis, but from the internalworldview of the traditionalcommunity,rabbinic authority is inexorably connected to its web of beliefs, values, practices, goals, and convictions. Bergersuggests that it may be more productiveto describe rabbinicauthoritywithin traditionalJewish life than to justify it according to rigorous philosophical standards. Berger'slast threechapters,which offer the most helpful models forjustifying, or at least understanding,rabbinicauthority,accept the postmodernnotion of the role of the interpreterin the productionof meaning. We have, then, anotherinteresting intersectionof postmoderntheories with traditionalJewish notions. As contemporaryliteraryscholarshaveused post-structuralistliterarytheoriesto shed light on rabbinicmidrash,so Berger employs Wittgenstein,Dworkin, and Fish to offer new perspectives on the traditionaldoctrine of rabbinicauthority. Ultimately,one wonderswhetherthis reframingof the issue successfully responds to the Enlightenmentcritiquewhich "demandsthat some justification be providedfor forgoing one's own independentjudgments and decisions in orderto defer to another'sview" (p. 155). Berger argues passionately that it does, that reducing the question to "what grounds rabbinic authority"distorts a much more complex issue. Some readersmay feel that Berger has finessed ratherthan solved the problem.Be that as it may,RabbinicAuthorityis a carefully argued,profound, and meticulous analysis of this crucial tenet of traditionalJudaism. JeffreyL. Rubenstein New YorkUniversity New York,New York

359

Review: [untitled] Author(s): Elizabeth Shanks Alexander Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 360-361 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131707 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review Aryeh Cohen. Rereading Talmud:Gender,Law and the Poetics of Sugyot. Brown Judaic Studies 318. Atlanta: Scholars Press, 1998. 242 pp. In this book, which is a slightly revisedversion of his dissertation,AryehCoThis is hen tackles the challenge of readingthe BabylonianTalmudas "literature." is not a for a complex task, because the basis readily apparent. literaryreading Large portions of the Bavli consist of logically dense legal argumentation.Cohen is to be commended for making these dense passages that comprise the overwhelmingly largerpart of the Bavli the centraltopic of his analysis, for they give the Bavli its most distinctiveliteraryqualities. Otherapproachesfocus on subunits of rabbinicliteraturethatareovertlyliterary,like parablesor sage stories(ma 'asim). While these approachesstress the literaryqualitiesof rabbinicliterature,as Cohen notes, they treatthe subunitsin isolation and consequentlyignorethe meaningconferredupon them by their broadercontexts. Cohen takes the sugya to be the relevantunit of literaryanalysis in the Bavli. Withinthe sugya, his readingis generatedby severalkinds of literaryphenomena. First, he notices places where the sugya "doesn't make sense"-either a conclusion does not flow smoothly from an argumentor a termmay appearopaque.These problematictextual moments, or "ungrammaticalities"as Cohen calls them, often generatepost-talmudicdiscussions, and so contentionamongthe post-talmudicinterpretersis usually a good indicatorof such points. Second, Cohen observes repeated syntacticalpatterns,tropes, images, and themes within the sugya. Finally, Cohen highlights"conceptsintroducedundererasure."This termis borrowedfrom Derridaand applied to passages where the Bavli dismisses a legal principle as irrevelant.Cohen astutely notes that, by virtue of having been introducedat all, the concept can be literarilysignificant even when it is legally insignificant.These literaryfeatures-ungrammaticalities, repeatedtropes,and concepts introducedunder erasure-expose a progression in the sugya in addition to the linear flow of question, answer,proof-text, rebuttal,and so on, compelled by the sugya's explicit rhetoric.Cohen providesreal service to the field by isolating featureswithin the texture of the text from which a literaryreading of the Bavli can ensue. He skillfully balances the sensibilities of a text critic with those of a literaryreader.While he takes the final redactedtext as the primarysubject of his reading, he also pays attentionto the seams thatindicatethe presenceof earliersources.ForCohen,however, these seams provide stimulus for a literaryratherthan a text-criticalreading. One of Cohen's finest achievementsconsists in the fact that he points to a literary characterof the Bavli that is independentof halakhicor aggadic genre. Indeedhe treatshalakhic, aggadic, and mixed sugyot. The second majormove in this book is to consider the relationshipbetween the world of the text and historical"reality."Accordingto Cohen, the narrativethat can be reconstructedfrom the above-notedliteraryfeaturesprovides the link. Cohen assertsthatthe textualnarrativedrawsits meaningfromthe largerculturalnarrativesof the rabbis.In an exemplaryreadingof several sugyot from b. Gittin,Cohen suggests that culturalanxiety aboutthe exilic condition expresses itself in the perceptionof institutionalvulnerabilityon the partof the rabbis.According to Cohen, the culturalnarrativeof exilic chaos is in dialogue with the textual narrative 360

Book Reviews of the exemplarysugyot, which try to assert stability throughthe constructionof gender roles and by naturalizingthe institution of slavery.This approachof connecting literary phenomena with historical reality is innovative in talmudic researchand thought-provoking,but is not as fully developed in its execution as one might wish. Cohen drawsmost of his evidence of the largerculturalnarrativesfrom biblical sources and Ben Sira.This readerwould have preferreda more thorough argumentto establish his claim that exilic consciousness was a dominantcultural narrativeof sixth- and seventh-centuryBabylonian Jewry. When Cohenplaces his astuteliteraryobservationsin the service of an extraliteraryproject,certainquestions aboutthe goals of a literaryreadingof the Bavli are raised.Are literaryobservationsbest exploited when they form the foundation of culturalcritique,as in Cohen'swork, or when they illuminate discourse within the textual universe of the Bavli? In this regard,Cohen's book provides an interesting counterpointto David Kraemer'sReading the Talmud:The Talmudas Literature, which pursues the same goal of a literary reading of talmudic sugyot; Kraemer'sfocus remains,however,the textual universe of the Bavli. By implicitly engagingthese importantquestions,Cohen'swork furthersthe scholarlyproject of readingthe Bavli as literature. The book still bearsmany of the marksof a dissertation.While the ideas are very interestingand original,the argumentsare not always expressed as clearly or developedas fully as one might wish. A substantialportionof the book consists of a review of the secondaryliterature,which, while relevant,might have been condensed for the transitionto book format in orderto highlight the author'soriginal thesis. These criticisms notwithstanding,this book makes importantcontributions to the field. The methodologies that it employs and the ideas that it pursues have potentially far-reachingimplications. By marking out importanttasks and proceeding with a high level of methodological sophistication,this book welcomes a serious new voice into the arenaof literarystudies of rabbinicliterature. Elizabeth ShanksAlexander Smith College Northampton,Massachusetts

Josef Stern.Problems and Parables of the Law.-Maimonides and Nahmanides on Reasonsfor the Commandments(Ta'amei Ha-Mitzvot).Albany: State University of New YorkPress, 1998. xi, 201 pp. Josef Stern'sbook "focuses on two elements in the Maimonideanrevolution in the studyof ta 'ameiha-misvotandtheirimpacton Nahmanides.The first is Maimonides' idea of the problematiccommandment.The second is his idea that explanationsof commandments-both individual laws and the ... totality of commandmentsas a whole ... shouldbe modelled afterthe multileveledinterpretation of parables"(p. 3). In ChaptersTwo,Three, and Six, Stern discusses Maimonides' 361

Review: [untitled] Author(s): Lawrence Kaplan Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 361-364 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131708 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews of the exemplarysugyot, which try to assert stability throughthe constructionof gender roles and by naturalizingthe institution of slavery.This approachof connecting literary phenomena with historical reality is innovative in talmudic researchand thought-provoking,but is not as fully developed in its execution as one might wish. Cohen drawsmost of his evidence of the largerculturalnarrativesfrom biblical sources and Ben Sira.This readerwould have preferreda more thorough argumentto establish his claim that exilic consciousness was a dominantcultural narrativeof sixth- and seventh-centuryBabylonian Jewry. When Cohenplaces his astuteliteraryobservationsin the service of an extraliteraryproject,certainquestions aboutthe goals of a literaryreadingof the Bavli are raised.Are literaryobservationsbest exploited when they form the foundation of culturalcritique,as in Cohen'swork, or when they illuminate discourse within the textual universe of the Bavli? In this regard,Cohen's book provides an interesting counterpointto David Kraemer'sReading the Talmud:The Talmudas Literature, which pursues the same goal of a literary reading of talmudic sugyot; Kraemer'sfocus remains,however,the textual universe of the Bavli. By implicitly engagingthese importantquestions,Cohen'swork furthersthe scholarlyproject of readingthe Bavli as literature. The book still bearsmany of the marksof a dissertation.While the ideas are very interestingand original,the argumentsare not always expressed as clearly or developedas fully as one might wish. A substantialportionof the book consists of a review of the secondaryliterature,which, while relevant,might have been condensed for the transitionto book format in orderto highlight the author'soriginal thesis. These criticisms notwithstanding,this book makes importantcontributions to the field. The methodologies that it employs and the ideas that it pursues have potentially far-reachingimplications. By marking out importanttasks and proceeding with a high level of methodological sophistication,this book welcomes a serious new voice into the arenaof literarystudies of rabbinicliterature. Elizabeth ShanksAlexander Smith College Northampton,Massachusetts

Josef Stern.Problems and Parables of the Law.-Maimonides and Nahmanides on Reasonsfor the Commandments(Ta'amei Ha-Mitzvot).Albany: State University of New YorkPress, 1998. xi, 201 pp. Josef Stern'sbook "focuses on two elements in the Maimonideanrevolution in the studyof ta 'ameiha-misvotandtheirimpacton Nahmanides.The first is Maimonides' idea of the problematiccommandment.The second is his idea that explanationsof commandments-both individual laws and the ... totality of commandmentsas a whole ... shouldbe modelled afterthe multileveledinterpretation of parables"(p. 3). In ChaptersTwo,Three, and Six, Stern discusses Maimonides' 361

AJS Review well-known "historicallysensitive, context-dependent... explanationsfor the legislation of the huqqim"(p. 4). While Sternbriefly touches upon a numberof problems that Maimonides grapples with in light of these explanations,he focuses on "specific argumentsthe Guide contains to counterthe antinomianismimplicit in its explanationof the huqqim"(p. 5). Stern'sargumentsandreadingsin these chapters are thoughtful and suggestive, if at times open to question, but space constraints prevent an analysis.' Rather, I will concentrateon the second focus of Stern'swork, contained in ChaptersOne, Two, and Five; namely,his understanding of "Maimonides'theory of multileveled parabolicinterpretation"(p. 68) and his claim that Maimonides extends this "parabolicmodel to the explanationof the commandments"(p. 11). Stern notes that in the Introductionto the Guide, Maimonides apparently contradictshimself regardingthe relationshipbetween the external(zahir) and internal (batin) meanings of a parable. First, Maimonides states that "the external meaning of a parableis worthnothing,"while the internalmeaningis "likea pearl," but he immediately reverses and states that the externalas comparedto the internal meaning is like silver as compared to gold. Stern suggests that Maimonides here "demarcatesthree levels of meaning ... [that]characterizea parable:. . . 1) the vulgar external meaning [worth nothing], 2) the parabolic external meaning [like silver], and 3) the parabolicinternalmeaning [like a pearl or gold]" (p. 7). There a number of problems with Stern'ssuggestion. First, many scholars reconcile these differentevaluationsby assuming that Maimonides is referringto two types of parables,one where the externalmeaning is worth nothing, the other where it is "beautifulas silver."This seems to be supportedby Maimonides'own observation that the silver/gold relationship"describes a well constructedparable." Presumably,in the not so well constructedparable,the worthless/pearlrelationship obtains. Stern, perplexingly,does not even mention this popularmode of reconciliation. Moreover,the triadicmodel forces Sternto conclude that"Maimonidesuses the expression 'externalmeaning' equivocally or amphibolously"(p. 7). But Stern has no textual basis for this assertion. Furthermore,he assumes that Maimonides identifies this vulgar externalmeaning with thepeshat of the text (p. 83) and consequently concludes that Maimonides is simply uninterestedin peshat. But many statements in both the Guide and the Book of Commandmentspoint to precisely such an interest.2 Stern also minimizes Maimonides' distinctionbetween the silver and gold levels of the "well constructedparable"(pp. 8-9). First,he claims that these levels are not addressedto differentaudiences. But Maimonidesexplicitly statesthat, 1. They also prevent my paying more than the barest attention to Stern's remarks about Nahmanides. 2. Stern contrastsMaimonides' supposed neglect ofpeshat with Nahmanides' "deep ... interest ... in .. .peshat" (p. 83). In supportof this contrast,he cites (p. 84) a passage from Nahmanides' notes on the Book of Commandments,where Nahmanides emphasizes that "even in purely legal contexts the biblical text never loses its literal meaning."One would never guess from Stern'spresentation that Nahmanides is making this point in the midst of a critiqueof Maimonidesfor an overemphasison peshat! In general, Stern'sneglect of the Book of Commandmentsmust count as a serious lacuna.

362

Book Reviews while everyonecan perceivethe exteriorsilver filigree-work,only "thekeen-sighted observer"can perceivethe interiorapple of gold. Second, Sternemphasizesthat Maimonides describes the silver and gold levels of meaning as kinds of wisdom, the silver level containing wisdom "useful [for] the welfare of human societies," the gold level containingwisdom "useful for belief concerned with the truthas it is," and concludes that both levels are "kinds of philosophy."Here, it seems that Sternblursthe distinctionbetween differenttypes of wisdom despite explicit textual evidence (Guide 3:54) that, to paraphraseStern, "Maimonidesuses the expression 'wisdom' equivocally or amphibolously."3 It is difficult to determinehow far Stern wishes to push his claim that Maimonides extends his "parabolicmodel to the explanationof the commandments." In the book'stitle andthroughoutthe work,he refersto the commandmentsas parables. However, parables work by way of symbolization, and, as Stern correctly points out, Maimonides displays a "genuine antipathy"for symbolic interpretations of the commandments(p. 100, referringto the Guide 3:43).4 On the otherhand,Stern'sweakerclaim thatthereare importantparallelsbetween Maimonides' understandingof parables and his understandingof ta 'amei ha-misvotis on firmer ground.Thus, he convincingly suggests that there are two levels of ta 'amei ha-misvotfor Maimonides, correspondingto the silver and gold levels of parables.In Guide 3:26-49, the commandmentsserve the twin goals of welfare of the body and welfare of the soul, that is, the communalgood. This correspondsto the silver level of the parable.In Guide 3:51-52, by contrast,the commandmentsserve the goal of training"one who has apprehendedthe truerealities" to occupy himself with God alone. This correspondsto the gold level of the parable.5 Stern'sattemptto carry this analogy one step furtherby arguing that these two levels of ta 'ameiha-misvotare sometimes presentin the multiple reasons that Maimonides offers for individualcommandmentsin Guide 3:26-49 is less convincing. Thus, Maimonidesoffers two reasons for the commandmentof circumcision (Guide 3:49): one, "to weakenthe faculty of sexual excitement;"and two, "as a bodily sign unitingall people who profess the unity of God."Sternmaintainsthat the first reason is the internal, "gold" reason for the commandment, since the weakeningof bodily desires makes possible the intellectualapprehensionof intelligible truths,that is, perfectionof the soul, while the second reason is its external, "silver"reason, since this bodily sign facilitates teaching true opinions to the multitude,thatis, welfare of the soul (pp. 102-107). But in the context of Guide 3:2649, the acquisition of moral qualities, including the weakening of sexual desire, 3. Nahmanides'understandingof the parable,on the other hand,does, as Stern claims (pp. 8182), accordwith the triadicmodel. But in light of my remarksin the text I can not agree with Sternthat Nahmanides adoptedthis model from Maimonides. 4. The two places where Maimonides offers such symbolic explanationsand actually refers to actions prescribedby the commandmentsas parables,namely,the sin offering and scapegoat sent into the wilderness (3:46), are the exceptions that prove the rule. Stern'sdiscussion of this importantissue strikesme as inconsistent (contrastp. 115 with p. 142). 5. This analogy,one should note, argues against Stern'sclaim that the gold and silver levels of the parableare addressedto the same audience.

363

AJS Review belongs not to the perfection of the soul but to the welfare of the body. Thus both reasons are external, or "silver." There is one suggestive analogy between Maimonides' understandingof parablesand his understandingof ta 'amei ha-misvotthat Stern does not mention. In the Introductionto the Guide, Maimonidesdistinguishesbetween "twokinds of parables."In the first kind, "each word has a meaning";in the second kind, "the parableas a whole indicatesthe whole of the intendedmeaning."Maimonidesgoes on to say that to confuse the two kinds and seek parabolic meanings for "all the details"of parablesof the second kind "wouldresultin extravagantfantasies."This calls to mind Maimonides'claim thatnot all the particularsof the commandments have causes, and thatthose who attempt"to find causes for somethingof these particulars are strickenwith a prolonged madness"(Guide 3:26). This possible analogy, one should note, appears to contradictStern'spowerfully arguedclaim that Maimonides' distinction between the generalities and details of the commandments should not be taken at face value, and thathis statementthatthe particulars of the commandmentshave no causes simply means that "they have no causes known to us" (pp. 22-33). Whether,in Maimonides'view, one should distinguishbetween the generalities and particularsof commandments,one certainlyshould distinguish between the generalities and particularsof Stern'sbook. Even if, as I have argued,many of Stern's general contentions are questionable,many of his more particularclaims can stand on their own and are both thought-provokingand convincing. Since this review has focused on the generalities and not the particularsof Stern'sbook, it may give an overly negative impression of a rich and stimulatingwork. All readers interested in Maimonides should read Stern'sbook, with the Guide in hand, slowly, carefully, and, above all, critically.They will find his original and forcefully presented arguments enlightening, even-perhaps especially-when they disagree with him. LawrenceKaplan McGill University Montreal

Ruth Glasner. A Fourteenth-CenturyScientific Philosophical Controversy.:Jedaiah Ha-Penini's "Treatiseon Opposite Motions" and "Book of Confutation." Sources for the Studyof Jewish Culture5. Jerusalem:WorldUnion of Jewish Studies, 1998. 255 pp. (Hebrew). Recent years have witnessed a proliferationof studies devoted to medieval Hebrew science, but few editions and explications of texts. In this book, Ruth Glasnerprovides a critical edition and exhaustiveanalysis of two polemical letters pertainingto physics by the fourteenth-centuryProvencalpoet andphilosopherJedaiah ha-Penini(Bedersi) (born ca. 1285). These letterswere largely forgottenuntil S. Pines drew attentionto their significance and called for theirpublicationover 364

Review: [untitled] Author(s): Charles H. Manekin Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 364-367 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131709 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

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AJS Review belongs not to the perfection of the soul but to the welfare of the body. Thus both reasons are external, or "silver." There is one suggestive analogy between Maimonides' understandingof parablesand his understandingof ta 'amei ha-misvotthat Stern does not mention. In the Introductionto the Guide, Maimonidesdistinguishesbetween "twokinds of parables."In the first kind, "each word has a meaning";in the second kind, "the parableas a whole indicatesthe whole of the intendedmeaning."Maimonidesgoes on to say that to confuse the two kinds and seek parabolic meanings for "all the details"of parablesof the second kind "wouldresultin extravagantfantasies."This calls to mind Maimonides'claim thatnot all the particularsof the commandments have causes, and thatthose who attempt"to find causes for somethingof these particulars are strickenwith a prolonged madness"(Guide 3:26). This possible analogy, one should note, appears to contradictStern'spowerfully arguedclaim that Maimonides' distinction between the generalities and details of the commandments should not be taken at face value, and thathis statementthatthe particulars of the commandmentshave no causes simply means that "they have no causes known to us" (pp. 22-33). Whether,in Maimonides'view, one should distinguishbetween the generalities and particularsof commandments,one certainlyshould distinguish between the generalities and particularsof Stern'sbook. Even if, as I have argued,many of Stern's general contentions are questionable,many of his more particularclaims can stand on their own and are both thought-provokingand convincing. Since this review has focused on the generalities and not the particularsof Stern'sbook, it may give an overly negative impression of a rich and stimulatingwork. All readers interested in Maimonides should read Stern'sbook, with the Guide in hand, slowly, carefully, and, above all, critically.They will find his original and forcefully presented arguments enlightening, even-perhaps especially-when they disagree with him. LawrenceKaplan McGill University Montreal

Ruth Glasner. A Fourteenth-CenturyScientific Philosophical Controversy.:Jedaiah Ha-Penini's "Treatiseon Opposite Motions" and "Book of Confutation." Sources for the Studyof Jewish Culture5. Jerusalem:WorldUnion of Jewish Studies, 1998. 255 pp. (Hebrew). Recent years have witnessed a proliferationof studies devoted to medieval Hebrew science, but few editions and explications of texts. In this book, Ruth Glasnerprovides a critical edition and exhaustiveanalysis of two polemical letters pertainingto physics by the fourteenth-centuryProvencalpoet andphilosopherJedaiah ha-Penini(Bedersi) (born ca. 1285). These letterswere largely forgottenuntil S. Pines drew attentionto their significance and called for theirpublicationover 364

Book Reviews thirtyyears ago. That call has been answeredin exemplary fashion in the present volume. The two works are especially significant because the editor is able to identify Ha-Penini's anonymous opponent with Levi Gersonides (1288-1344), medieval Jewry's most illustrious scientist/philosopher. She reconstructsthe stages of their controversy from an initial face-to-face encounter, followed by a letter from Gersonides to Ha-Penini (no longer extant), then to the latter'sresponse in the Treatiseon Opposite Motions, and culminating in a final round consisting of Gersonides' criticisms (also no longer extant) and Ha-Penini's last word in the Book of Confutation.This reconstructionseems plausible, although the evidence for an initial letter by Gersonides is weak. The Treatiseon OppositeMotions may have been promptedby Ha-Penini'sdesire to expand on the positions he had taken duringhis discussion with Gersonides. In any event, the letters provide an importantrecord,albeit one-sided, of an actual scientific controversyby two distinguished philosophers in fourteenth-centuryJewish Provence.They are, therefore, of great importance for understandingthe high level of philosophical culture in that period. The starting-pointfor the controversyis Aristotle's view that celestial bodies rotatein a uniformcircularmotion in one direction, unlike sublunarelements, which move naturallyup, in the case of fire and air, or down, in the case of earth andwater.Underlyingthis view is the claim thatcircularmotion possesses no contraries.An ambiguous comment by Averroes in his commentaryto De Coelo 1:4 leads the protagonistsinto a discussion of the notion of contrarietywith respect to motion, and, since locomotion involves change of location, to the question of whetherthere is contrarietywith respect to locale. Because these notions invoke fundamentalprinciples in Aristotle'slogic, physics, and mathematics,the controversy ranges over such concepts as the naturalplaces of the elements; naturaland violent motion; the four primaryqualities of hot, cold, dry,and moist; gravity and levity; qualitativechange;the essential forms of the elements; and the relationship between mathematicsand physics. For all of Ha-Penini'soriginality,he is generally closer to Averroeson these mattersthan is Gersonides.He accepts and defends Aristotle'sclaim that contrariety exists in the category of locale, whereas Gersonides simply rejects it. He acceptsAristotle'sposition thatqualitativedifferences arebroughtaboutby the combinationof contraries,whereasGersonidesviews them as caused by the dominance of one contraryover the other.He develops Aristotle'sview that there are natural places for the sublunarelements, whereas Gersonides rejects the notion of natural place andthereforedoes not use it to explain naturalmotion. He accepts the limitations on geometry requiredby Aristotle's cosmology, whereas Gersonides accordsgreaterautonomyto the geometer.Yet,paradoxically,the very argumentsthat Ha-Peniniuses to defend some Aristotelianpositions often lead him to oppose others. He is particularlyenamoredof using the category of quality to explain many of the physical phenomenaunder discussion-what the editor calls his "qualitative reduction."As for Gersonides,the picture of a bold and iconoclastic philosopher that emerges from these treatises is consistent with what we know to have been his intellectualpersona,as well as his reputationamong his contemporaries. 365

AJS Review His deviations from Averroes aroused as much controversyin the fourteenthand fifteenth centuries as his deviations from traditionaltheology. Since many of the solutions proposed by Ha-Peniniand Gersonides are not found in the writings of the Arab peripatetics, and since they occasionally resemble scholastic solutions to similar problems, the question of scholastic influence naturallyarises. Glasner divides this into three questions:Were our protagonists personally familiar with scholastic intellectual life? Was their method of philosophical controversysomehow influenced by scholastic academic practices, such as formal disputations?and, Were their positions influenced by contemporary scholastic discussions? With regardto the first question, she claims that it is impossible to give a clear answer,although she does cite evidence of contactsbetween both disputantsand Christiansages, and notes that much communication during this period was oral. As for disputationand other academic practices considered distinctly scholastic, she argues that they could have developed concurrently among Jews and Christians as a result of the intensive study of Averroes' commentaries. With respect to the question of doctrinalinfluence, the editor generally is content to point out similarities and parallels.The one exception is the discussion of the increaseand decrease of qualitativeforms, wherethe two protagonistsadopt positions that do not appear in Averroes but resemble positions in the scholastic debate over the intentio et remissioformarum;theirvery interestin the subjectappears to indicate awareness of scholastic positions, according to the editor.Yet, such argumentsdo not convince this reviewer,because both scholastic and Jewish discussions of the topic arise naturallyfrom a considerationof the issues found in Averroes, even not explicitly. Perhapsinstead of looking for direct or indirectinfluence of scholastic doctrines on fourteenth-centuryProvencalJewish philosophy, scholars should concentrateon examining the paralleltraditionsof Averroes' commentary,traditionsin which Jewish and Christianscholars, independentlyof each other, developed similar solutions to textual and doctrinal problems. Of course, furtherinvestigation in both traditions,especially in the primarysources of the scholastic tradition,will doubtless shed light on this matter. The highly speculativequestionof scholastic influenceoccupies only a small fractionof the discussion, which focuses on the issues and implicationsof the controversy.Readersunfamiliarwith medievalphysics need not be deterredfromreading this book. The editorprovideslucid and illuminatingdiscussions, synopses and explications, and substantiveannotationsto Ha-Penini'stext, which is edited on the basis of the sole surviving manuscript.The result is thatthe text occupies only 66 of the book's 250 pages, with history, exegesis, and indices providingthe rest. Although there is indeed a certainamountof editorialrepetition,it can be justified by the difficulty and unfamiliarityof the subject.The same cannot be said for the editor'spracticeof providingmodernHebrewequivalentsfor medieval idioms; for example, naskimlekha for nodeh lekha, and afcalpi for lamrot.These glosses, arguably appropriatefor popular versions of classical texts, are unnecessary in a scholarly edition. In sum, apartfrom their intrinsicinterestfor historiansof science, these two treatisesby Jedaiahha-Peniniprovide a rareopportunityto view a scientific con366

Book Reviews troversyamong prominentintellectuals during the golden age of Jewish science and philosophy.Thanksto Glasner,the view is crystal-clear. CharlesH. Manekin University of Maryland College Park,Maryland

W.J.van Bekkum,ed. HebrewPoetryfrom LateAntiquity.-LiturgicalPoems ofYehuArbeitenzurGeschichtedes dah; CriticalEditionwithIntroductionand Commentary. AntikenJudentumsund des Urchristentums.Leiden:E. J. Brill, 1998. xxx, 183 pp. Late-antiqueIsrael enjoyed astonishing literarycreativityand output in the form of the piyyut, which offered a poetic alternativeto the standardliturgicallanguage. The treasuresfrom the Genizah have enriched our knowledge of the paytanim of this period,and importantcollections of the works of Yosi ben Yosi, Yannai, Shimon bar Megas, and Kallir have been compiled in recent years. But alongsidethese well-knownpaytanimwere others,often anonymousbut sometimes not, thanksto the use of name acrostics, a characteristicstyle of the piyyut. Numerouscompositionsidentifya paytanwhose name was Yehudah,andnow his oeuvre has been ably compiled by van Bekkum. Yehudah'scompositions are of the kedushta genre, a series of piyyutim intricatelyrelated throughthe use of interconnectingalphabeticalacrostics and interconnectingreferencesto the Torah-readingselection for which the kedushtawas composed. The first two piyyutim in each kedushtaserve respectively as the first and second berakhotof the Amidah, and the following ones lead to the climax of the thirdberakhah,the Kedushah,which extols God'sholy nature.Although scholars have been awareof Yehudah'sworks since Menahem Zulay'sZur Liturgie des babylonischenJuden(1933), little aboutthe paytanhimself could be said with certainty,largely due to the fragmentarynatureof what remainsfrom his works. Now that van Bekkum has diligently gathered and organized all of the Genizah fragments thatpreserveYehudah'scompositions, he has made it possible, at the very least, for the readerto observe first-handthatYehudahwrote with reference to a triennialTorah-readingcycle, confirming recent speculationabouthis provenance and context. His relationshipto Yannaiand Shimon bar Megas also becomes readily apparent,and this volume can only facilitate furtherpursuitof questions of influence. Best of all, one can now readYehudahon his own terms, appreciatingnot only his allegiance to classical techniques and forms, but also his individual stylistic characteristics.Van Bekkum reviews both of these in his introduction,a series of short chaptersmarked by clarity and brevity. This reader was especially pleased to find in the introductionan excellent explanationof the linguistic peculiarities of piyyutic language, again brief but remarkablyclear. Studentsof piyyut will benefit greatly from this introductorymaterial, which, both despite and because of its brevity,offers the clearest introductionto piyyut availablein English. The piyyutim themselves are accompanied by explanatory notes that this 367

Review: [untitled] Author(s): Debra Reed Blank Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 367-368 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131710 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews troversyamong prominentintellectuals during the golden age of Jewish science and philosophy.Thanksto Glasner,the view is crystal-clear. CharlesH. Manekin University of Maryland College Park,Maryland

W.J.van Bekkum,ed. HebrewPoetryfrom LateAntiquity.-LiturgicalPoems ofYehuArbeitenzurGeschichtedes dah; CriticalEditionwithIntroductionand Commentary. AntikenJudentumsund des Urchristentums.Leiden:E. J. Brill, 1998. xxx, 183 pp. Late-antiqueIsrael enjoyed astonishing literarycreativityand output in the form of the piyyut, which offered a poetic alternativeto the standardliturgicallanguage. The treasuresfrom the Genizah have enriched our knowledge of the paytanim of this period,and importantcollections of the works of Yosi ben Yosi, Yannai, Shimon bar Megas, and Kallir have been compiled in recent years. But alongsidethese well-knownpaytanimwere others,often anonymousbut sometimes not, thanksto the use of name acrostics, a characteristicstyle of the piyyut. Numerouscompositionsidentifya paytanwhose name was Yehudah,andnow his oeuvre has been ably compiled by van Bekkum. Yehudah'scompositions are of the kedushta genre, a series of piyyutim intricatelyrelated throughthe use of interconnectingalphabeticalacrostics and interconnectingreferencesto the Torah-readingselection for which the kedushtawas composed. The first two piyyutim in each kedushtaserve respectively as the first and second berakhotof the Amidah, and the following ones lead to the climax of the thirdberakhah,the Kedushah,which extols God'sholy nature.Although scholars have been awareof Yehudah'sworks since Menahem Zulay'sZur Liturgie des babylonischenJuden(1933), little aboutthe paytanhimself could be said with certainty,largely due to the fragmentarynatureof what remainsfrom his works. Now that van Bekkum has diligently gathered and organized all of the Genizah fragments thatpreserveYehudah'scompositions, he has made it possible, at the very least, for the readerto observe first-handthatYehudahwrote with reference to a triennialTorah-readingcycle, confirming recent speculationabouthis provenance and context. His relationshipto Yannaiand Shimon bar Megas also becomes readily apparent,and this volume can only facilitate furtherpursuitof questions of influence. Best of all, one can now readYehudahon his own terms, appreciatingnot only his allegiance to classical techniques and forms, but also his individual stylistic characteristics.Van Bekkum reviews both of these in his introduction,a series of short chaptersmarked by clarity and brevity. This reader was especially pleased to find in the introductionan excellent explanationof the linguistic peculiarities of piyyutic language, again brief but remarkablyclear. Studentsof piyyut will benefit greatly from this introductorymaterial, which, both despite and because of its brevity,offers the clearest introductionto piyyut availablein English. The piyyutim themselves are accompanied by explanatory notes that this 367

AJS Review reader found too sparse. Often the full midrashicallusion of a passage is left unexplained, and particularlydifficult phrases are occasionally unannotated.But quibbles aside, the door to Yehudah'swork has been opened,and the eager student of piyyut can now work with ease amongYehudah'scompositions. We still do not know much aboutYehudah,but we now have his beautiful, moralizing compositions published alongside those of his coevals. Such a publication contributesimmeasurablyto our understandingand appreciationof classical piyyut. Van Bekkum is to be commended for such fine work. Debra Reed Blank Jewish Theological Seminary New York,New York

Ruth Langer.To WorshipGod Properly: TensionsBetween Liturgical Customand Halakhah in Judaism. Monographs of the Hebrew Union College. Cincinnati: HUC Press, 1998. xiii, 287 pp. Ruth Langer'smeticulously researchedvolume fills a gap in the study of Jewish liturgy.While many histories of the liturgyfocus on the origins, use of language, and literaryaspects of the texts, Langer'sstudyprovidesan analysisof some of the dynamics that shaped the halakhot dealing with prayer,thus impactingdirectly upon the spirituallife of Jews. How did the legal system that discussed issues regardingthe liturgy develop? What questions were asked,and aroundwhich factors did disputes come about?What concepts and practices contributedto the resolutionof differences?As Langernotes in herpreface, a significant force in the formation of rabbinicprayerand the legal system undergirdingit was the principle of worship as an evolving phenomenon. Once prayeris understoodas both a communal and an individual response to God's covenantwith Israel, the intricacies of the liturgical system must be developed and justified. They must express the history of the communityas well as the existentialneeds of the personof faith. The struggleto define properworshipis shown to take place primarilyin the shiftingauthorityof minhag,the customs of the people, and halakhah,legal theory. Indeed,while Langer'svolume is primarilya studyof variouscases in the development of an establishedcorpus of tefilah, its underlyingmethodologicalprincipleis thatthe bordersof minhagand halakhahconstantlyimpingeupon one another,calling for frequentreadjustmentof both legal pronouncementand actualpractice.The demonstrationof the porous quality of these boundariesleads to an understanding of the traditionas responsiveto social change and historicalcircumstances. In the first chapter,Langer sets out the parametersof her study.This chapter analyzes the developmentof what she calls the "liturgicallaw,"which replaced the sacrificial system in the periods of the tannaimand amoraim.The principles thus formulated establish an authoritativeguide for later generations;all subsequent adaptations, interpretations,and alterations are viewed in the context of clearly articulatedtalmudicconcepts. While most derivefrom the BabylonianTal368

Review: [untitled] Author(s): Rochelle Millen Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 368-370 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131711 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review reader found too sparse. Often the full midrashicallusion of a passage is left unexplained, and particularlydifficult phrases are occasionally unannotated.But quibbles aside, the door to Yehudah'swork has been opened,and the eager student of piyyut can now work with ease amongYehudah'scompositions. We still do not know much aboutYehudah,but we now have his beautiful, moralizing compositions published alongside those of his coevals. Such a publication contributesimmeasurablyto our understandingand appreciationof classical piyyut. Van Bekkum is to be commended for such fine work. Debra Reed Blank Jewish Theological Seminary New York,New York

Ruth Langer.To WorshipGod Properly: TensionsBetween Liturgical Customand Halakhah in Judaism. Monographs of the Hebrew Union College. Cincinnati: HUC Press, 1998. xiii, 287 pp. Ruth Langer'smeticulously researchedvolume fills a gap in the study of Jewish liturgy.While many histories of the liturgyfocus on the origins, use of language, and literaryaspects of the texts, Langer'sstudyprovidesan analysisof some of the dynamics that shaped the halakhot dealing with prayer,thus impactingdirectly upon the spirituallife of Jews. How did the legal system that discussed issues regardingthe liturgy develop? What questions were asked,and aroundwhich factors did disputes come about?What concepts and practices contributedto the resolutionof differences?As Langernotes in herpreface, a significant force in the formation of rabbinicprayerand the legal system undergirdingit was the principle of worship as an evolving phenomenon. Once prayeris understoodas both a communal and an individual response to God's covenantwith Israel, the intricacies of the liturgical system must be developed and justified. They must express the history of the communityas well as the existentialneeds of the personof faith. The struggleto define properworshipis shown to take place primarilyin the shiftingauthorityof minhag,the customs of the people, and halakhah,legal theory. Indeed,while Langer'svolume is primarilya studyof variouscases in the development of an establishedcorpus of tefilah, its underlyingmethodologicalprincipleis thatthe bordersof minhagand halakhahconstantlyimpingeupon one another,calling for frequentreadjustmentof both legal pronouncementand actualpractice.The demonstrationof the porous quality of these boundariesleads to an understanding of the traditionas responsiveto social change and historicalcircumstances. In the first chapter,Langer sets out the parametersof her study.This chapter analyzes the developmentof what she calls the "liturgicallaw,"which replaced the sacrificial system in the periods of the tannaimand amoraim.The principles thus formulated establish an authoritativeguide for later generations;all subsequent adaptations, interpretations,and alterations are viewed in the context of clearly articulatedtalmudicconcepts. While most derivefrom the BabylonianTal368

Book Reviews mud,the Palestiniantraditionsare shown to have an importantinfluence in regard to some issues. The authorsof the Talmudcollect and promulgatelaws that establish and orderthe natureof communalprayer,laws that provide a frameworkand structurenecessary for the composition of prayers,and laws that define the practical applicationof these various rules. A central concern in their formulationsis the efficacy of prayer,both for the person and for the prayer-community.Having laid the groundworkin terms of halakhah and talmudic principles, Langer'ssubsequentchaptersfocus upon specific halakhicissues regardingprayerand explore their interactionwith surroundingnon-Jewishcultures and their influence, evolving Jewish customs, and adaptationsof the understandingof efficacy. The medieval world inheritedstructuresof prayerdefined by the sages and protected by the fences of halakhah.The continuingdevelopmentof the tradition,however,depended upon its inner flexibility and its capacity to maintain scholarly dialogue aboutthe interactionsnecessitatedby historical circumstance. Thus the analysis in ChapterTwo, "The Halakhic Status of Non-Talmudic Benedictions,"specifically deals with birkatbitulimand the priest'sblessing at the redemptionof the firstbornson, while ChapterThreefocuses upon "TheLanguage of Prayer:The Challenge of Piyyut."The emphasis changes in ChapterFour,"IndividualRecitationof the Kedushah:The Impactof Mysticism on Minhag and Halakhah."Each discussion begins with a survey of the relevantgeonic texts, moving on to MasekhetSoferim, debate among Jews in Muslim and ChristianSpain, rishonimand aharonim. A full complementof sourcesis broughtin each case to demonstratenot only how Jewish communities struggled with specific issues regarding prayer, but also-and perhaps especially-how culture, minhag, and talmudic dictum were distinct but interwovenvariablesin determininginterpretationsof halakhah in regardto the liturgy.What is of particularinterestin the detailed analyses of various sources is their applicationto contemporarypesaq. Thus, towardthe end of the chapteron the halakhic status of non-talmudicbenedictions, Langerrefers to the pesaq of R. OvadiahYosef, who maintainsthat women may not use a full liturgical blessing when recitingshe-'asani kirsono,as does also BarukhHalevi Epstein. The latteropines thateven though it appearsin some siddurim,the currentcustom is not to recite it at all and it should be deleted from the text. However,the blessing does appearin full in almost every OrthodoxAshkenazi siddur,and there has been no furtherdiscussion of its omission in contemporarycommentarieson the traditionalsiddur.Only the most recent Sefardi siddurim,printed in Israel, make use of R. Ovadiah'sruling. Langer'sconclusion in this chapter,that in the case of non-talmudicblessings, "minhagrarelyoverruledhalakhah,"yet "onlyrarelywere strong stances taken against active customs based on the theoretical authorityof the Talmud"(p. 107), still holds. Rabbis devise new interpretationsof either the minhag or the halakhah,stretchingthe boundariesof the theoreticallegal basis or giving new meaning to the minhag. In this way conflict is avoided. Langer convincingly demonstratesthat, as customs weakened because of migrations and upheavals, the Talmudcame to be regardedas the "timeless, absolute, operativeauthorityby which to judge the efficacy of liturgical customs" (p. 109). Hence, the issue of the legitimacy of non-talmudicblessings remainedpotent. 369

AJS Review The concluding chapter,which examines the halakhic debate over the appropriatesetting for the recitation of the various kedushahprayers,continues the analysisof the forces which shaped-and arestill shaping-liturgical law.The discussion focuses on kedushah deyoser and kedushah desidra, tracing the issues from MishnahMegillah 4:3 throughMasekhetSoferimto Joseph Karo and others. Langerquotes a gloss on the text of the late ninth-centurysage RavNahshonGaon, found in a Vaticanmanuscriptof Halakhot Gedolot. This detail demonstratesthe precise and attentive scholarship, expressed in a smoothly written narrative,that characterizesthis volume. Forthose interestedin the developmentof halakhahand analyses of specific liturgicaltexts, this is a book worth reading. Rochelle Millen WittenbergUniversity Springfield,Ohio

Chava Weissler. Voicesof the Matriarch.-Listening to Prayers of Early Modern Jewish Women.Boston: Beacon Press, 1988. xxvi, 267 pp. Formore than a decade, ChavaWeisslerhas called on readersto listen to the voices of matriarchs.Her numerous articles on tkhines-Yiddish prayersfor private devotion typically recited by women of early modernity-have appearedin a wide variety of academic and, to a much lesser extent, popular publications.At once folklorist, ethnographer,literarycritic, and studentof classical Jewish texts and mysticism, Weissler has time and again applied her trainingin elite fields of learning to non-elite sources. While initially interested in merely "recover[ing] women's religious experience and contrast[ing]it to men's,"her objectives have broadenedover the years to include "understandingthe tkhineswithin the matrix of Ashkenazic Judaism"(pp. xii-xiii). Most recently,Weisslerhas turnedto interpreting how tkhinesinfluenced twentieth-centuryJewish religious life in communities as diverse as ConservativeJewry and feminist ritualgroups. In essence, Voicesof the Matriarchsis an anthologyconsisting of Weissler's previously published articles on tkhines.Of the ten chapters,only the seventh(an exhaustivestudyof the tkhineauthorLeah Horowitzandher works)was composed expressly for this volume. As a result, most of the chapters,while interestingand importantin and of themselves, are self-contained and bear little relation to the others.Additionally,backgroundinformationis repeatedin variousspots, andeven the author'sstyle is not consistent throughoutthe book. So, for instance,Weissler addressesthe general readerin a fascinatingessay tracingportrayalsof women in paradise from the Zohar to the tkhine literature,but she addresses the academic reader in a sophisticated discussion of how gender is constructedin Ashkenazic sources.1 In many ways, Voicesof the Matriarchsresembles the Essential Papers 2 (April-May, Tikkun 1. Thefirstappearedoriginallyas "Womenin Paradise," 1987):43-46,

inYiddish Devotionof Gender andForMen:TheConstruction 117-120;thesecondas"ForWomen al Literature,"Journal ofFeminist Studies in Religion 5 (Fall, 1989): 3-24.

370

Review: [untitled] Author(s): Carole B. Balin Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 370-371 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131712 . Accessed: 17/07/2011 14:08 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review The concluding chapter,which examines the halakhic debate over the appropriatesetting for the recitation of the various kedushahprayers,continues the analysisof the forces which shaped-and arestill shaping-liturgical law.The discussion focuses on kedushah deyoser and kedushah desidra, tracing the issues from MishnahMegillah 4:3 throughMasekhetSoferimto Joseph Karo and others. Langerquotes a gloss on the text of the late ninth-centurysage RavNahshonGaon, found in a Vaticanmanuscriptof Halakhot Gedolot. This detail demonstratesthe precise and attentive scholarship, expressed in a smoothly written narrative,that characterizesthis volume. Forthose interestedin the developmentof halakhahand analyses of specific liturgicaltexts, this is a book worth reading. Rochelle Millen WittenbergUniversity Springfield,Ohio

Chava Weissler. Voicesof the Matriarch.-Listening to Prayers of Early Modern Jewish Women.Boston: Beacon Press, 1988. xxvi, 267 pp. Formore than a decade, ChavaWeisslerhas called on readersto listen to the voices of matriarchs.Her numerous articles on tkhines-Yiddish prayersfor private devotion typically recited by women of early modernity-have appearedin a wide variety of academic and, to a much lesser extent, popular publications.At once folklorist, ethnographer,literarycritic, and studentof classical Jewish texts and mysticism, Weissler has time and again applied her trainingin elite fields of learning to non-elite sources. While initially interested in merely "recover[ing] women's religious experience and contrast[ing]it to men's,"her objectives have broadenedover the years to include "understandingthe tkhineswithin the matrix of Ashkenazic Judaism"(pp. xii-xiii). Most recently,Weisslerhas turnedto interpreting how tkhinesinfluenced twentieth-centuryJewish religious life in communities as diverse as ConservativeJewry and feminist ritualgroups. In essence, Voicesof the Matriarchsis an anthologyconsisting of Weissler's previously published articles on tkhines.Of the ten chapters,only the seventh(an exhaustivestudyof the tkhineauthorLeah Horowitzandher works)was composed expressly for this volume. As a result, most of the chapters,while interestingand importantin and of themselves, are self-contained and bear little relation to the others.Additionally,backgroundinformationis repeatedin variousspots, andeven the author'sstyle is not consistent throughoutthe book. So, for instance,Weissler addressesthe general readerin a fascinatingessay tracingportrayalsof women in paradise from the Zohar to the tkhine literature,but she addresses the academic reader in a sophisticated discussion of how gender is constructedin Ashkenazic sources.1 In many ways, Voicesof the Matriarchsresembles the Essential Papers 2 (April-May, Tikkun 1. Thefirstappearedoriginallyas "Womenin Paradise," 1987):43-46,

inYiddish Devotionof Gender andForMen:TheConstruction 117-120;thesecondas"ForWomen al Literature,"Journal ofFeminist Studies in Religion 5 (Fall, 1989): 3-24.

370

Book Reviews series publishedby New YorkUniversity Press, which features a collection of articles devoted to a single subject from disparateapproachesand authors.In fact, ChapterSix of Voicesof the Matriarchsappearsin Essential Papers in Kabbalah.2 Notwithstandingits structure,Voicesof the Matriarchsmakes a significant contributionto the study of religion. Indeed, Weissler'strenchantanalysis of the rich arrayof tkhinespromptsa rewritingof the religious history of the Ashkenazic world of the Netherlands,the Germaniclands, Poland,and Russia from the sixteenththroughthe nineteenthcentury.She demonstratesthat,though exempt from communal worship and generally ignorant of the classics of Jewish tradition, women were far more likely to be engaged in religious life than previously acknowledged.The hypothesis arguedthroughoutis that the female segment of the Ashkenazic population was influenced by the scholarly and male formulationof Judaismbut was also in partfree of them. Thus Sarahbas Tovim-whose Shloyshe sheorim ("TheThree Gates")became "perhapsthe most beloved of all tkhines"drew on popularizationsof kabbalisticmaterialin Yiddish but turnedto women's folk ritualslike kneytlakhlegn ("layingwicks") to develop a paradigmof religious power (p. 126). Weissler leaves little doubt that women, too, participatedin the overarchingrhythmof Jewish life. In a powerful and refreshing concluding essay, Weissler offers an honest meditationon the personal implications of her scholarship and ultimately breaks with her hypothesis that Jewish women createdany sort of religious culture independentof the male mainstream.In her words: "My efforts to define and valorize an Ashkenazic women's culture ... began to seem naive, as I recognized that the gender representationsthat controlled women's lives were enmeshed in the very fiber of Ashkenazic Judaism"(p. 175). Ultimately, she concluded, "The religious worldwe can infer from the tkhineliteratureis, essentially,a set of female variants of male Jewish culture"(pp. 185-188). In the end Weissler must admit that her earlier,perhapsidealistic, aim of unearthingwomen who created,shaped,or even influenced traditionalJudaismhas been thwartedby the evidence. Jewish women were essentially conformingto and accepting the basic values of the male-created and -dominated system into which they had been born. This discomfiting fact causes Weissler-as a scholar,as a woman, and as a Jew-to question her loyalty to Judaismand to the academy. No need. As one of a growing numberof matriarchswho combine scholarly eruditionand sensitivityto genderissues, hers is a voice that is transformingthe very natureof Jewish studies and the power relations therein. Carole B. Balin HebrewUnion College-Jewish Instituteof Religion New York,New York

2. "Womanas High Priest:A KabbalisticTkhinefor Lighting SabbathCandles,"Jewish History 5 (Spring, 1991): 9-26, and republishedin Essential Papers in Kabbalah, ed. L. Fine (New York: New YorkUniversityPress, 1995), 525-46.

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Review: [untitled] Author(s): Arnold J. Band Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 372-374 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131713 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review OraWiskind-Elper.Traditionand Fantasy in the TalesofReb NahmanofBratslav. Albany: State University of New YorkPress, 1998. viii, 310 pp. Few critical terms in use over the past two decades have been so abusedand hence renderedalmost meaningless as "postmodern."And yet the termcan be used to advantageto describe a period, its critical suppositions,and its inherentdispositions. It does signify the blurringof categories and styles, the shifting of identities, the often self-conscious invasion of the objectiveby the subjective.When the authorof a serious scholarly study of a complex, seminal religious figure-a major influence and icon in modern Jewish narrativeart like Reb Nahman of Bratslav (1772-1810)-designates herself a postmodernand conducts her investigation as a postmodernistscholar,we cannot ignore this hermeneuticstance. Happily,OraWiskind-Elpertakes her study of the texts seriously,is acutely self-conscious abouther criticalmoves, andpresentsintelligentand sensitive readings of the thirteencanonical Bratslavtales plus the often dazzling homiletic passages of LikkuteiMohoranand the more biographical,though oftenjumbled,pericopes of HIayyeiMoharan. She has profited from an intense study of Joseph Dan's work on the Hasidic tale seen as a discreteliterarygenre (1975) andArthurGreen's fundamentalpsychological study, TormentedMaster (1981), both of which had themselves benefited from the work of Joseph Weiss (1972) and Mendel Piekarz (1974), products of the Jerusalemscholars Gershom Scholem and IsaiahTishby. Her own study builds on these and others, such as Liebes, Elstein, Haidenberg, Oron, and Roskies, and thus culminatesthe achievementsof a generationof solid researchinto the natureof these enigmatic tales. On this foundationof scholarlyresearch,Wiskind-Elpererects a hermeneutic structurethat exploits both her reading in GermanRomantic literature,much of which was contemporarywith the composition and early disseminationof the Bratslavtales duringthe first two decades of the nineteenthcentury(chap. 3), and, more importantperhaps,her explorationof literarytheory,particularlythatwhich deals with the realm of the fantastic and uncanny,where Todorovand Freudfigure significantly. Despite her obvious erudition, Wiskind-Elperis motivated by a keen curiosity about the enigmatic nature of these tales and by her own patent empathy with the creative personality of Reb Nahman, as he dramatizesin narrativeform his vacillation between spiritual despair and ecstatic fantasy. She describes the growth of her interestin these tales, from her "firstunpremeditatedencounter"to a perceptive wondermentabout their bizarretone: As a postmodernreaderandwillingaccompliceto all flightsof an author's werecompelling thetalespresented theanomaliesandparadoxes imagination, thoughabstruse.The completelackin the talesof anyindicationtheirlandscapewas a Jewishworldwas, on secondthought,somewhatstrikingas the Hasidictalesis usuallytherebbehimself,andits "mes"hero"of traditional sage"theteachingembodiedin thewayhe livedhis life. . . . Here,in contrast, the zaddikandstoryteller,nevermentionedby name,seemedto exertanuncannypresence-not as subjectbutas creator(p. 1). 372

Book Reviews It is the figure of the creatorof tales thatintriguesher;it evokes her interestin artistic creativityin the Romanticperiod and, more important,in the literaryproducts of the world of fantasy.Her descriptionof the specific natureof Reb Nahman'sliterarycreativityis emblematic. Theutterunconservative of RebNahman's talesbecomesinself-referentiality withfurtherreading,rereading, andtheexploration of his creasinglyapparent on it. The"self"referredto, of course,in the wideroeuvreandcommentary talesReb Nahmantold takesdiverseforms.It is metahistorical, identifying withtraditional heroescloakedin legend;it is reflectedin alteregos, charactersthatpeoplethetales;it is evena surrealempathywiththeverysymbols, transformed inthenarrative andallegoriesof Jewishtradition (p.2). metaphors, This focus explains her avoidanceof historical inquiry in the first and thirdchapters of the book. In the first chapter,which deals with Reb Nahman'sconcept of himself as zaddik, his role within the burgeoningworld of Hasidism in its formative earlygenerations,she makes less use than one would expect of ArthurGreen's psychological portraitof Reb Nahman, his actual life and many personal disappointmentsregarding,for instance,his messiahship.Clearly,whatinterestsWiskindElper is not the actual Reb Nahman as reconstructedby Green, but the figure of the creatorof these wondrousstories as it emerges from the texts or from ancillary texts like LikkuteiMoharan dealing with the same motifs. One feels that a confrontationwith the figure thatGreenportrayswould distracther from her goal: an understandingof the tales and of theircreator,whose voice is so centralto the tales and their import. In ChapterThree,"TheRomanticDrama,"for instance,Wiskind-Elpertreats Romanticism at some length and several times cites the fascinating contemporaneityof the Bratslavtales and such writersas E. T.A. Hoffmann,but she refrains from any speculation regardingthe provenance of the Bratslavtales or the often striking similaritybetween their themes and those of the Romantics.The historical setting and the folkloristicmotifs that interestYoavElstein do not impress her. These lacunae in her treatmentof the tales are cited merely to situate her focus within a variety of possible areas of investigation. In her final, fourth chapter,Wiskind-Elperfuses two pairs of possibly opposing tendencies. Firstis the rich intertextualallusiveness of the tales and the intense, often fantastic figurativelanguage conveyed in a very personal voice. This narrativeapproachimplies that"thisrevolutionarynotion, thatthe process of spiritual enlightenmentis necessarilyeffected, not by philosophical arguments,but by fiction born of the imagination-this notion is the foundation stone of Reb Nahman's entire oeuvre" (p. 220). Second is the challenge "to strike a balance between solid scholarly work, with the documentationand implicit dialogue with contemporaryresearch it requires, and personal, honest engagementwith the tales, their author,and the spiritual and religious matrix that gave birth to them" (p. 7). Note some of her subheadings:"Perceptionand Deception: Transmutationof Reality Within the Tale," "Blurringof Boundaries, Shifting Identities." 373

AJS Review OraWiskind-Elperhas accomplished this double fusion admirably,and yet, one can imagine objections on the partof readerswho resist the blurringof boundaries and the shifting of identities. Arnold J. Band University of Californiaat Los Angeles Los Angeles, California

Heidi ThomannTewarson.Rahel Levin Varnhagen:TheLife and Workofa German Jewish Intellectual. Texts and Contexts. Lincoln: University of Nebraska Press, 1998. 262 pp. Fields such as Jewish culturalhistory and women's studies, where interestin nineteenth-centuryBerlin Jewish literary salon society continues to grow, converge at the emblematic example of Rahel Levin Varnhagen.Heidi Thomann Tewarson'snew biography,Rahel Levin Varnhagen:The Life and Workof a German Jewish Intellectual, is the first to address the English reader since Hannah Arendt'srecently reissued Rahel Varnhagen:TheLife of a Jewess, originallypublished in 1957. As such, Tewarsonhas incorporatedthe most up-to-dateresearch on this figure and period, otherwise available almost solely in German.Arendt's work has traditionallybeen read as part biography and part autobiography-as much about identification and coming to terms with Jewish identity as a German Jewish woman intellectual in 1930s Berlin as it is about the salon period. Tewarson has taken a differenttack. Ratherthan focusing on the life of a Jewess per se, Tewarsonis interestedin the work of an intellectual.What constitutes the legitimate, creative work of an intellectual? And can the term itself be gender-free? These questions, though necessarily tied to Rahel'splace outside the literaryand culturalmainstream,serve as the main thrustof the book. Born in 1771, Rahel Varnhagenwas a Jewish salon hostess in Berlin at the turnof the nineteenthcentury,a specialist in what she called the art of sociability. Founder of the cult of Goethe, she also befriended early Romantics like the Schlegel brothersand "YoungGermans"like Heine. The first threevolumes of her letters appearedposthumously in 1834 and were read by many of her contemporaries, both in Germany and abroad. Her correspondence,published selectively throughoutthe nineteenthcentury,ultimatelyreachedten volumes' when the 1980 discovery of her unpublishedletters and diaries, thought to be lost in WorldWar II,2 stimulatedeven more interest and new publications. Tewarsonmakes a strong case for the expansion of the literarycanon to in1. Thiscollection,whichreprintstheinitialthreevolumesandthenineteenth-century publications together, is called Rahel-Bibliothek.Rahel Varnhagen,Gesammelte Werke.Edited by Konrad

Matthes& Seitz,1983. andRahelE. Steiner.10vols.Miinchen: Uwe Schweikert Feilchenfeldt, AmericanArchivist,44 Collectionis in Krakow!," 2. See DeborahHertz,"TheVarnhagen (1981)223-28.

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Review: [untitled] Author(s): Judith M. Lewin Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 374-376 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131714 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review OraWiskind-Elperhas accomplished this double fusion admirably,and yet, one can imagine objections on the partof readerswho resist the blurringof boundaries and the shifting of identities. Arnold J. Band University of Californiaat Los Angeles Los Angeles, California

Heidi ThomannTewarson.Rahel Levin Varnhagen:TheLife and Workofa German Jewish Intellectual. Texts and Contexts. Lincoln: University of Nebraska Press, 1998. 262 pp. Fields such as Jewish culturalhistory and women's studies, where interestin nineteenth-centuryBerlin Jewish literary salon society continues to grow, converge at the emblematic example of Rahel Levin Varnhagen.Heidi Thomann Tewarson'snew biography,Rahel Levin Varnhagen:The Life and Workof a German Jewish Intellectual, is the first to address the English reader since Hannah Arendt'srecently reissued Rahel Varnhagen:TheLife of a Jewess, originallypublished in 1957. As such, Tewarsonhas incorporatedthe most up-to-dateresearch on this figure and period, otherwise available almost solely in German.Arendt's work has traditionallybeen read as part biography and part autobiography-as much about identification and coming to terms with Jewish identity as a German Jewish woman intellectual in 1930s Berlin as it is about the salon period. Tewarson has taken a differenttack. Ratherthan focusing on the life of a Jewess per se, Tewarsonis interestedin the work of an intellectual.What constitutes the legitimate, creative work of an intellectual? And can the term itself be gender-free? These questions, though necessarily tied to Rahel'splace outside the literaryand culturalmainstream,serve as the main thrustof the book. Born in 1771, Rahel Varnhagenwas a Jewish salon hostess in Berlin at the turnof the nineteenthcentury,a specialist in what she called the art of sociability. Founder of the cult of Goethe, she also befriended early Romantics like the Schlegel brothersand "YoungGermans"like Heine. The first threevolumes of her letters appearedposthumously in 1834 and were read by many of her contemporaries, both in Germany and abroad. Her correspondence,published selectively throughoutthe nineteenthcentury,ultimatelyreachedten volumes' when the 1980 discovery of her unpublishedletters and diaries, thought to be lost in WorldWar II,2 stimulatedeven more interest and new publications. Tewarsonmakes a strong case for the expansion of the literarycanon to in1. Thiscollection,whichreprintstheinitialthreevolumesandthenineteenth-century publications together, is called Rahel-Bibliothek.Rahel Varnhagen,Gesammelte Werke.Edited by Konrad

Matthes& Seitz,1983. andRahelE. Steiner.10vols.Miinchen: Uwe Schweikert Feilchenfeldt, AmericanArchivist,44 Collectionis in Krakow!," 2. See DeborahHertz,"TheVarnhagen (1981)223-28.

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Book Reviews clude the products of Rahel's creative project. The crux of the matter rests on whether Rahel ever intended to publish her collected letters (she only published lettersinfrequentlyand anonymouslyduringher lifetime). Rahel'scollected works compriseher volumes of dialogic correspondences,diaries, and aphorisms.These are the recordedplaces where she attemptedto capturethe ephemeralmoment of social conversation,which she viewed as her chief artisticendeavor.Thoughgeneric categories cannot contain her writings-epistolary exchanges, autobiographical essays, currentarts and letters reviews, and philosophical observations-one nevertheless wonders at the latitude accorded other generic innovators(such as Schlegel) and denied her. If authorityand legitimacy could simply not be claimed by a Jewish woman at that time, this would intriguinglysuggest that a revision of Rahel'sliterarycontributionand canonical statusis at long last possible. Tewarson aims to show explicitly that "Rahelthought of herself as an author,that she was intenton having her writingspublished,and that she held very specific views with regardto the form these publicationsshould take"(p. 9). By raising the issue of a self-aware, self-reflective author,concerned for the charactershe creates in her self-presentationsand conscious that these moments of writing and dialogue will and are intendedto go beyond the sphereof privatecommunication,Tewarsonrallies to the defense of Rahel'soeuvre as literary.In addition to confirming Rahel's authorship,this helps dispel the myth that her husband,K. A. Varnhagen,was the primaryforce behindRahel: Ein Buch des Andenkensfiir ihre Freunde,which appeareda scant four months after her death. Tewarson'sorganizationof materialis largely chronological. She begins by describingthe Berlin Jewish communityof the 1770s throughthe 1790s and situating Rahel's personal commitmentto Bildung within the context of the general educationof Jewish women of the period. She then proceeds throughthe first salon, presenting Rahel's youthful correspondence with Davit Veit, Gustav von Brinkmann,and FriedrichGentz, along with more general discussions of love letters and correspondencewith women friends;moves on to the Napoleonic period of rupture;follows with the dreary,reactionaryperiod of 1814-19, which culminates in the "Hep! Hep!" riots; and concludes with Rahel's second salon. Along the way, Tewarsonprovides both extensive citation and thoughtful analysis. The section on the Napoleonic era offers an interpretivetour-de-force, featuringquotationsappearingfor the first time in translationfrom Rahel's previously unpublisheddreamdiary of 1812.3 Tewarsonshows that "Rahel'sideal consisted of a vision oriented toward life, joy, and harmonious human interaction ratherthan an objectified, autonomouswork of art"(p. 136). InterpretingRahel's second dream,Tewarsonargues that "life and art appearinextricablylinked: the artistsarethe worksof art,andthe ideal is symbolized by the dancingcouple rather thanthe motionless and somewhatreluctantmodel on a pedestal. ... The art of sociability,representedin the dreamby the dancing couple, appearsnot as the subterfuge of a talented woman restrictedby virtue of being female but as open and equal in significance to any artist'soeuvre" (p. 136). 3. Germantranscriptionsof the dream diary appear in BarbaraHahn, ed. "ImSchlaf bin ich wacher": Die Trdumeder Rahel Levin Varnhagen.Frankfurtam Main: Luchterhand,1990.

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AJS Review The summa of the book, however, is its last section. There, in view of her completed sketch of Rahel'scareerand life, Tewarsonrewardinglysynthesizes Rahel's views on a range of subjects that preoccupied her throughouther lifetime, which Tewarsongroups under such suggestive subheadingsas "Genderand Writing,""TheLife of the Mind,""TheWomanQuestion,""JewishMatters,"and "The Perfectibilityof the World." Heidi ThomannTewarson'snew biographyof Rahel Levin Varnhagenwill appeal to scholars of European,Jewish, and women's history as well as to those closest to Rahel in spirit:literaryconnoisseurs,historybuffs, andenlightenedreaders. It is a well-written, well-rounded,compelling, and ultimately essential place to begin a study of this exemplarypersonage and period. JudithM. Lewin PrincetonUniversity Princeton,New Jersey

Zachary Braiterman.(God) AfterAuschwitz:Traditionand Change in Post-Holocaust Jewish Thought.Princeton:PrincetonUniversityPress, 1998. 208 pp. This is a superbstudy of post-Holocausttheology, perhapsthe best study of its kind since Steven Katz's Post-Holocaust Dialogues. Zachary Braitermanfocuses on three of the most importantpost-Holocaust theologians-Richard Rubenstein, Eliezer Berkovits, and Emil Fackeheim-in an attemptto demonstrate that all three thinkersshare a common discourse rooted in a theological sensibility which Braitermanidentifies as "antitheodicy,"a term he has coined. Antitheodicy refers to a position which rejects theodicy-that is, any attemptto justify God in the face of catastrophicsufferingor to see redeemingvalue in it, even if one continuesto believe in God. Braitermanalso makesuse of postmoderninsights to explore the dynamic of how the threepost-Holocausttheologiansrereador misreadthe traditionalsources in orderto catapultantitheodicdiscoursefromthe margins of Jewish thought into its center. The first three chapters introduce the study by providing definitions of theodicy and antitheodicy,surveyingtheodic and antitheodicmotifs in biblical and rabbinic literatureand demonstratinghow such major Jewish theologians as Buber, Heschel, Soloveitchik, and Kaplan are captive to theodic approachestoward suffering. The next three chapters focus on the three post-Holocaust theologians and are, therefore,the heart of the study.In ChapterFour,Braitermanshows how Rubenstein initiates antitheodicJewish discourse in post-Holocausttheology. He presents a far more nuancedportraitof RichardRubensteinthan one finds in previous assessments, showing that, far from being the radical and destructiverevisionist his critics make him out to be, Rubensteinis, in fact, a complex thinkerwho attemptsto reinventthe Jewish tradition.The great surprisein this study is Braiterman'sanalysis of Eliezer Berkovitsin ChapterFive. Ostensiblyat the oppositepole from Rubenstein,Berkovits is read by Braitermanas sharingthe same antitheod376

Review: [untitled] Author(s): Robert Eisen Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 376-378 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131715 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review The summa of the book, however, is its last section. There, in view of her completed sketch of Rahel'scareerand life, Tewarsonrewardinglysynthesizes Rahel's views on a range of subjects that preoccupied her throughouther lifetime, which Tewarsongroups under such suggestive subheadingsas "Genderand Writing,""TheLife of the Mind,""TheWomanQuestion,""JewishMatters,"and "The Perfectibilityof the World." Heidi ThomannTewarson'snew biographyof Rahel Levin Varnhagenwill appeal to scholars of European,Jewish, and women's history as well as to those closest to Rahel in spirit:literaryconnoisseurs,historybuffs, andenlightenedreaders. It is a well-written, well-rounded,compelling, and ultimately essential place to begin a study of this exemplarypersonage and period. JudithM. Lewin PrincetonUniversity Princeton,New Jersey

Zachary Braiterman.(God) AfterAuschwitz:Traditionand Change in Post-Holocaust Jewish Thought.Princeton:PrincetonUniversityPress, 1998. 208 pp. This is a superbstudy of post-Holocausttheology, perhapsthe best study of its kind since Steven Katz's Post-Holocaust Dialogues. Zachary Braitermanfocuses on three of the most importantpost-Holocaust theologians-Richard Rubenstein, Eliezer Berkovits, and Emil Fackeheim-in an attemptto demonstrate that all three thinkersshare a common discourse rooted in a theological sensibility which Braitermanidentifies as "antitheodicy,"a term he has coined. Antitheodicy refers to a position which rejects theodicy-that is, any attemptto justify God in the face of catastrophicsufferingor to see redeemingvalue in it, even if one continuesto believe in God. Braitermanalso makesuse of postmoderninsights to explore the dynamic of how the threepost-Holocausttheologiansrereador misreadthe traditionalsources in orderto catapultantitheodicdiscoursefromthe margins of Jewish thought into its center. The first three chapters introduce the study by providing definitions of theodicy and antitheodicy,surveyingtheodic and antitheodicmotifs in biblical and rabbinic literatureand demonstratinghow such major Jewish theologians as Buber, Heschel, Soloveitchik, and Kaplan are captive to theodic approachestoward suffering. The next three chapters focus on the three post-Holocaust theologians and are, therefore,the heart of the study.In ChapterFour,Braitermanshows how Rubenstein initiates antitheodicJewish discourse in post-Holocausttheology. He presents a far more nuancedportraitof RichardRubensteinthan one finds in previous assessments, showing that, far from being the radical and destructiverevisionist his critics make him out to be, Rubensteinis, in fact, a complex thinkerwho attemptsto reinventthe Jewish tradition.The great surprisein this study is Braiterman'sanalysis of Eliezer Berkovitsin ChapterFive. Ostensiblyat the oppositepole from Rubenstein,Berkovits is read by Braitermanas sharingthe same antitheod376

Book Reviews ic tendencies that inform Rubenstein'sthinking. Braitermanargues that in Faith After the Holocaust Berkovits swings between theodic and antitheodicthinking, and that in his later work, WithGod in Hell, the antitheodic strainbecomes more pronounced.Braiterman'sanalysisof Fackenheimin ChapterSix follows along the same lines as his analysis of the other two theologians in examining how Fackenheim adopts antitheodicthinkingin his emphasis on the imperativeof Jewish survival as the 614th commandment. In his concluding chapter,Braitermanargues that the three post-Holocaust theologiansconstitutea "discursiveformation"of the kind postulatedby Foucault, with its own rules, thematic objects, and class of experts designed to restrictand control the way in which discourse is constructed. In this case, antitheodic discourse is the privileged mode of thinking, a form of discourse which, Braiterman emphasizes, was made possible only by a new language for the Holocaust created by a wide arrayof figures in the 1950s and 1960s in fields as diverse as literature, politics, and popularculture.Braitermanalso drawson Umberto Eco to arguethat the threetheologianscome up with theirnew antitheodicdiscourse by aformal rearrangementof elements, or "signs,"within the traditionratherthan by alteration of its content. Braitermanconcludes with some reflections on the implications of his study for the futureof Jewish theology. This volume has many virtues. Most salient from my perspective is that Braitermanhas gone well beyond his predecessorsin his insightful understanding of the natureof the relationshipof post-Holocaust theology with the classical tradition. In addition,he has brokennew ground in attemptingto understandthat relationshipin light of the tools providedby postmodernism.But perhapsthe greatest strength of Braiterman'sstudy is the multitude of penetrating insights he provides in his running commentaryon each thinker, insights too numerous to summarizehere. Moreover,versatile eruditionunderlies Braiterman'sanalysis as he brings to bear on his subject an impressive range of fields that include Jewish theology, literarytheory,sociology, and art. Still, I have difficulties with some of Braiterman'sideas. I wonder if, in his eagerness to demonstratea discursive linkage between the three thinkers,he has overstatedhis case somewhat.Braiterman'sinsights about Berkovits are provocative, but not entirely convincing. He places too much emphasis on the citation of Yossel Rakoverat the end of WithGod in Hell as evidence that Berkovits' thinking leans toward antitheodicy in his final ruminations on the Holocaust. One could arguethat Berkovits would not have seen Rakover'sview-or any other in the same volume-as a guide for his own theology. As Braitermanhimself notes, Berkovits draws a sharp distinction between armchairtheologians like ourselves and those who actually experienced the suffering of the death camps; thus, we dare not criticize even those who lost their faith entirely in the death camps (p. 126). I believe that Braitermanis also too harsh in emphasizing the negativity of Fackenheim'sthinking. I disagree with the assessment that at the end of God's Presence in History "all thatremainsare antitheodicfragmentsand the dumb will to endure"(p. 143). Fackenheim'sthird fragmentimplores Jews to continue their identificationwith the poor andpersecutedof humanity,a point which Braiterman 377

AJS Review glosses over.1Moreover, Braitermanfails to mention that for Fackenheim,Jews continue, in the aftermathof the Holocaust, in theirtraditionalrole as witnesses to humanity,which in the present era means being witnesses of both enduranceand hope in an age of nuclearthreat(ibid., p. 95). It would seem that these ideas invest the sufferingof the Holocaust with at least some redemptivevalue. Braiterman'suse of Foucault'snotion of discursiveformation,while illuminating, strikes me as somewhat awkward.First, while it is true that the three theologians may have formed a new theological discoursewith the help of a language createdby their literaryand culturalpredecessors, Braiterman,to my mind, does not provideenough informationregardingthis dynamic.We arenever given an account of what language was actually created,nor is sufficient explanationprovided for its effect on the threetheologians. Only Fackenheim'soverlyromanticviews of the State of Israel (pp. 151-154) and Berkovits'curious dependenceon the fictional Yossel Rakover are discussed in any detail (pp. 123-125, 133). Second, Braitermandoes not account for the fact thatin manyrespectspost-Holocausttheology, especially thatof Rubenstein,who initiatedthis way of thinking,was a stark departurefrom the language of the Holocaust that came before it in directlyconfronting religious questions in a way that literatureand other media had not; that is why Rubensteinwas attackedand Elie Wiesel was not. Finally,for someone like Rubenstein,that departuremay have had as much to do with the immediateenvironmentof the 1960s in America, where all sacreddogmas were being questioned, as it did with the images providedby such figures as Wiesel, a factorwhich might move one in a direction differentfrom that providedby Foucault. Despite these observations, I conclude by emphasizing my enthusiasmfor Braiterman'saccomplishment.This is a profoundand sophisticatedstudy,andeven in those places where I disagree with BraitermanI am enlightenedby his provocative thinking. RobertEisen George WashingtonUniversity Washington,D.C.

RichardI. Cohen.Jewish Icons:Art and Society in ModernEurope.Berkeley:University of CaliforniaPress, 1998. xviii, 358 pp. RichardI. Cohen has contributedgreatly over the last decade and a half to the studyof the relationshipbetween Jewish artand society.' His most recentbook, 1. God's Presence in History (New York:Harper& Row, 1970), pp. 87-8. 1. See, for example, two books that he edited or co-edited:Art and Its Uses: The VisualImage and ModernJewish Society (Studies in ContemporaryJewry:An Annual,Vol. VI) (New York:Oxford University Press, 1990) and From CourtJews to the Rothschilds:Art, Patronage, and Power 16001800 (Munich: Prestel, 1996).

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Review: [untitled] Author(s): Diane Wolfthal Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 378-381 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131716 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review glosses over.1Moreover, Braitermanfails to mention that for Fackenheim,Jews continue, in the aftermathof the Holocaust, in theirtraditionalrole as witnesses to humanity,which in the present era means being witnesses of both enduranceand hope in an age of nuclearthreat(ibid., p. 95). It would seem that these ideas invest the sufferingof the Holocaust with at least some redemptivevalue. Braiterman'suse of Foucault'snotion of discursiveformation,while illuminating, strikes me as somewhat awkward.First, while it is true that the three theologians may have formed a new theological discoursewith the help of a language createdby their literaryand culturalpredecessors, Braiterman,to my mind, does not provideenough informationregardingthis dynamic.We arenever given an account of what language was actually created,nor is sufficient explanationprovided for its effect on the threetheologians. Only Fackenheim'soverlyromanticviews of the State of Israel (pp. 151-154) and Berkovits'curious dependenceon the fictional Yossel Rakover are discussed in any detail (pp. 123-125, 133). Second, Braitermandoes not account for the fact thatin manyrespectspost-Holocausttheology, especially thatof Rubenstein,who initiatedthis way of thinking,was a stark departurefrom the language of the Holocaust that came before it in directlyconfronting religious questions in a way that literatureand other media had not; that is why Rubensteinwas attackedand Elie Wiesel was not. Finally,for someone like Rubenstein,that departuremay have had as much to do with the immediateenvironmentof the 1960s in America, where all sacreddogmas were being questioned, as it did with the images providedby such figures as Wiesel, a factorwhich might move one in a direction differentfrom that providedby Foucault. Despite these observations, I conclude by emphasizing my enthusiasmfor Braiterman'saccomplishment.This is a profoundand sophisticatedstudy,andeven in those places where I disagree with BraitermanI am enlightenedby his provocative thinking. RobertEisen George WashingtonUniversity Washington,D.C.

RichardI. Cohen.Jewish Icons:Art and Society in ModernEurope.Berkeley:University of CaliforniaPress, 1998. xviii, 358 pp. RichardI. Cohen has contributedgreatly over the last decade and a half to the studyof the relationshipbetween Jewish artand society.' His most recentbook, 1. God's Presence in History (New York:Harper& Row, 1970), pp. 87-8. 1. See, for example, two books that he edited or co-edited:Art and Its Uses: The VisualImage and ModernJewish Society (Studies in ContemporaryJewry:An Annual,Vol. VI) (New York:Oxford University Press, 1990) and From CourtJews to the Rothschilds:Art, Patronage, and Power 16001800 (Munich: Prestel, 1996).

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Book Reviews Jewish Icons:Art and Society in ModernEurope, is a thoughtful,well-written,and original account of how Jews interactedwith the non-Jewish world through art. This text is not a seamless narrative.Rather,Cohen rightlyhas organizedit as separateessays, fragmentsof a history of the relationshipof Jews to modern art. The book's greateststrengthslie in its interdisciplinaryapproach,its explorationof little-knownobjects, and its examinationof a broad range of Jewish artpatrons.Organized chronologically,the book begins with a chapteron earlymodernChristian images of Jewish rituals.The second chapterexplores Jewish ceremonial objects, and subsequentchaptersexamine portraitsof rabbis,nostalgic images of the ghetto, the history of Jewish art collections, and representationsof Jewish homelessness andhopelessness. The word "icon"in the title appearsin two contexts. On the one hand,it refersto portraitsof rabbis,which had a hagiographicalfunction.2On the otherhand,it refersto David Roskies' descriptionof Samuel Hirszenberg'sExile (1904) as "the first icon of Jewish suffering"(p. 234). The last four chaptersare especially persuasive. ChapterThree examines a long-neglected but importantsubject: portraitsof rabbis dating from the seventeenth throughthe nineteenth century.At first rabbis were shown alone, in halflength,andgazing intentlyat the viewer while holding a book or seated in a library. Cohen convincingly demonstratesthat such renderingswere designed to exalt the rabbi,to constructhim as spiritualandlearned,andto foster a close emotionalbond between viewer and subject. Breaking with the centuries-old injunction against portraiture,traditionalJews adoptedmoderntechniquesto bolsterOrthodoxy.Later mass-producedprints displayed rows of portraitheads of prominentJews, including rabbis, to satisfy a growing "interestin history and national consciousness" (pp. 149-150). The fourthchapterexamines how assimilatedJews of the second half of the nineteenthcenturyproducedidealized images of traditionalJewish life, untouched by modernity. Cohen persuasively argues that "feelings of disorientation and emptiness"among urbanJews producednostalgic feelings for the life they had left behind (p. 156); they eagerly embracedimages that visualized ghetto life as filled with warmthand contentment. In the fifth chapter,Cohen exploresthe rangeof motivationsthatsparkedthe developmentof Jewish art collections in the second half of the nineteenth century. Privateand public collections served to satisfy nostalgic longing; to preserve local history; to prove that Jews were cultured and refined; to demonstratetheir contributionsto their countries;and to promote a sense of Jewish nationalismand historicalconsciousness. The last chapterfocuses on images createdby Jews in response to the pogroms of 1881 and 1903. Cohen shows that, in contrastto the positive images of the mid-century,laterones portrayJewish life as filled with poverty, despair,and endless wandering. The greatest weakness of the book is the first chapter,which is based on a series of false assumptions.First, Cohen claims that images of Jewish rituals by Christianartists are "drawnfrom direct observation.""It is hard to imagine," he writes, "thatsuch drawingscould have been executed without the artist'spresence 2. Cohen'sthirdchapteris entitled "Rabbias Icon."

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AJS Review and direct observation"(p. 57). Yet knowledge of Jewish ritual could have been transmittedin otherways: orally,throughtexts, or throughimages in books on Jewish customs. Cohen's conclusion contradictswhat we know aboutthe practicesof early modern artists. Final works (as opposed to preparatorysketches) did not reproduce what artists saw; rather,artists created images that looked realistic but were in fact constructed.3 Second, Cohen repeatedly argues that these images are objective. His thesis-that "images can reflect social reality"-is first stated in the introduction (p. 8), and then developed insistently throughoutthe first chapter.Art has a point of view; it is not a mirrorof reality.But for Cohen, images by Christiansare "essentially objective" (p. 18); show an "objective interest in Jews" (p. 22); "offer an objective treatmentof Jewish ceremony" (p. 44); are "realistic"(p. 54); and "documentthe rite faithfully"(p. 60). Because Cohen views these images as objective, he fails to recognize those elements that denigrateJews. Forexample, figure four shows Jewish women talking in synagogue duringa religious ceremony. In contrast, images in Jewish books omit such negative behavior.4Instead,they idealize Jewish ritual, and everyone, including women and children, pays attention. Since Christians repeatedly condemned women who gossiped during religious services,5 the motif of the talkative Jewesses would have been interpreted negatively by Christianviewers. Similarly,a Christianimage of a Jewish circumcision shows blood on the infant'scushion (fig. 18). Again this motif does not appear in contemporaryJewish images and is probablymeant as a criticism. Cohen points to the presence of dogs as proof of anotherprint'srealism (p. 54), but dogs were considered especially odious and often used to denigratefigures portrayed nearby.6Concerning B6ner's print of Jewish women, Cohen concludes that "two of them appearwith their backs turned to the viewer, intimatingtheir consent to show him the backside of these clothes, while a thirdstandswith her coat removed to demonstratethe garmentsunderneath"(p. 55). But there is no evidence thatthe women posed. The artist may well be denigratingthe figures by showing them from the rearand with their undergarmentsdisplayed.7 Because some Christianimages of Jewish ritual include Christianspecta3. For an excellent summaryof views on how to interpretthe realistic style of Early Modern art, see WayneFranits,Paragons of Virtue:Womenand Domesticityin Seventeenth-CenturyDutchArt (New York:CambridgeUniversity Press, 1995), 1-17; Lookingat Seventeenth-CenturyArt: Realism Reconsidered, ed. by Wayne Franits(New York:CambridgeUniversity Press, 1997). 4. See, for example, versions of the Sefer Minhagimpublished in Venice in 1593 and 1600 as well as an earliermanuscriptversion today in Paris. I am currentllywriting a book on early modernillustratedYiddish books. 5. See Diane Wolfthal,"Women'sVoice and Women'sCommunityin ErhardSch6n'sHow Seven WomenComplainabout theirWorthlessHusbands"in Attendingto Womenin the EarlyModernPeriod, ed. by Adele Seefe and Susan Amussen. (University of Delaware Press/Associated University Presses, 1998), 117-54. 6. See, for example, James Marrow,"Circumdederuntme canes multi: Christ'sTormentorsin NorthernEuropeanArt in the Late Middle Ages and Renaissance,"Art Bulletin, June 1977, 167-81. 7. For a discussion of images of the dorsal position, see Ruth Mellinkoff, Outcasts: Signs of Othernessin NorthernEuropeanArt of the Late MiddleAges (Berkeley:Universityof CaliforniaPress, 1993) Vol. I, 212-217, 221, 222, 227, 230-233.

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Book Reviews tors, Cohen concludes that Jews welcomed gentiles who wished to observe their rituals. He writes, "The Jew harborsno objections to having a Christianview his service" (p. 63). But when both artist and patron are Christian,we can conclude nothingabouthow actualJews felt, only abouthow Christiansconstructedthat response. In fact, images of Jewish rituals made for a Jewish audience include no Christians.8 Can we understandthe motivationsand practices of real Jews from a study of Christianart?Art made by and for Christianscan only reveal something about ChristianattitudestowardJews. Furthermore,a realistic style is not equivalentto an objectiveone. When artistsadopta realistic style, they convince viewers all the more that their images-even those that denigrate-are fact, not fantasy. But is determiningthe accuracy of these images the most importantquestion? It might be better to ask who was the intendedaudience for these images and what ideological function they perform. Although there are weaknesses in the first chapter,Cohen'sbook greatly expands our knowledge of Jewish art in the modern period. Cohen embraces the study of both "high and low" art (p. 8); lamentsthe traditionalprivileging of Jewish texts overJewish visual culture(p. 3); and rightlyobserves thatthe earliest historiansof Jewish artwere largelydevoted to "documentingand describing"(p. 7), whereaslaterscholars,like Cohenhimself, can addressotherissues. We have much to learn from his work. Diane Wolfthal Arizona State University Tempe,Arizona

EdithWyschogrod.An Ethics ofRemembering:History,Heterology,and the Nameless Others.Chicago: University of Chicago Press, 1998. xxi, 280 pp. "Whatis it that must precede the conveying of history? Must there not be the declarationof a double passion, an eros for the past and an ardorfor the others in whose name there is a felt urgency to speak?"asks Edith Wyschogrod. She continues:"to be a historian ... is to accept the destiny of the spurnedlover-to write, photograph,film, televise, archive, and simulate the past not merely as its memorybankbut as binding oneself by a promise to the dead to tell the truthabout the past" (p. xi). By positing the responsibility of the historianperemptorilyas a "promise,"thus implying a binding obligation to others,Wyschogrodtilts her discussion of the writing of history away from the cognitive realm and toward"postmodern" ethics. Her intricate reflections are marked by an overwhelming consciousness of the uniqueness of our age, in which the historian must breast the cumulativemoral impact of the experiences of organized "scientific"murderand genocide and the staggeringand disconcertingmanipulationof informationmade 8. Seenote3.

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Review: [untitled] Author(s): Miriam Fleer Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 381-383 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131717 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews tors, Cohen concludes that Jews welcomed gentiles who wished to observe their rituals. He writes, "The Jew harborsno objections to having a Christianview his service" (p. 63). But when both artist and patron are Christian,we can conclude nothingabouthow actualJews felt, only abouthow Christiansconstructedthat response. In fact, images of Jewish rituals made for a Jewish audience include no Christians.8 Can we understandthe motivationsand practices of real Jews from a study of Christianart?Art made by and for Christianscan only reveal something about ChristianattitudestowardJews. Furthermore,a realistic style is not equivalentto an objectiveone. When artistsadopta realistic style, they convince viewers all the more that their images-even those that denigrate-are fact, not fantasy. But is determiningthe accuracy of these images the most importantquestion? It might be better to ask who was the intendedaudience for these images and what ideological function they perform. Although there are weaknesses in the first chapter,Cohen'sbook greatly expands our knowledge of Jewish art in the modern period. Cohen embraces the study of both "high and low" art (p. 8); lamentsthe traditionalprivileging of Jewish texts overJewish visual culture(p. 3); and rightlyobserves thatthe earliest historiansof Jewish artwere largelydevoted to "documentingand describing"(p. 7), whereaslaterscholars,like Cohenhimself, can addressotherissues. We have much to learn from his work. Diane Wolfthal Arizona State University Tempe,Arizona

EdithWyschogrod.An Ethics ofRemembering:History,Heterology,and the Nameless Others.Chicago: University of Chicago Press, 1998. xxi, 280 pp. "Whatis it that must precede the conveying of history? Must there not be the declarationof a double passion, an eros for the past and an ardorfor the others in whose name there is a felt urgency to speak?"asks Edith Wyschogrod. She continues:"to be a historian ... is to accept the destiny of the spurnedlover-to write, photograph,film, televise, archive, and simulate the past not merely as its memorybankbut as binding oneself by a promise to the dead to tell the truthabout the past" (p. xi). By positing the responsibility of the historianperemptorilyas a "promise,"thus implying a binding obligation to others,Wyschogrodtilts her discussion of the writing of history away from the cognitive realm and toward"postmodern" ethics. Her intricate reflections are marked by an overwhelming consciousness of the uniqueness of our age, in which the historian must breast the cumulativemoral impact of the experiences of organized "scientific"murderand genocide and the staggeringand disconcertingmanipulationof informationmade 8. Seenote3.

381

AJS Review possible by hyperreality;as well as the radical philosophical questioning of the communicative possibilities of language and skepticism about the natureof historical truth. To execute her ambitious analyticaldesign, Wyschogrodresortsto the pivotal figure of the "heterologicalhistorian,"a dialogicalgravitationalcenterthrough whom the relationalcomplexity of writinghistoryis unmasked:she-and the feminine genderbecomes a heuristicimperative-is "amultiplicityof conceptualpersonae ... a thinker through whom a particularthought-perspectiveis exhibited, someone frenzied who is in search of what precedes history;the passionate advocate of another;the Socraticgadfly who challengesreceived assumptions"(p. xiii). Here is just a mellow intimationof Wyschogrod'sdiscursive style, and the exemplification is meant as a warning.For,on the one hand,the themes in the book are enunciatedwith fascinatingpassion and intriguingurgency,deploying the kind of sweeping, declamatory advocacy that makes them resonate with the categorical force of relevancy and necessity. On the other,the conception is executed all too often as a ramblingtourde force, a traceryof overwroughtsentencesplodding forwardbreathlesslyin the obscurantist,damningvirtuosismof crypticpostmodernist argot. The procedureculminates in some memorableutterances:for example, we read,"Deathas the ultimatenegation is a non-product,a worklesswork whose value cannot be determinedby labor"(p. 247); "theheterologicalhistoriancan reply to Nietzsche that the diseased body is the destitutionof alterity written upon the face of nature,thatde-signs its aesthetic surface"(p. 96); "imagesof the past must first be seen as released from the individualcogito and laterfrom the regimenting conditions of transcendentalsubjectivityto be replayedbefore a transpersonalsubject" (p. 113); "Canthe cataclysm be understoodas such an unsurpassableexteriority, an outside that cannot be poetized and that fissures communities of immanence?" (p. 218). Comparable overchargedminiatures appear with implacable regularity,linguistic matterso dense that the light of my understandingstruggled to pierce and defuse, finally resigning to bend aroundit. For the undeterred,this work exposes insightful comparisonsand contrasts, engaging, for example, Kant and Hegel to discuss their conceptions of history in one breathwith DerridaandAlthusser;or Husserland Heideggerto confrontcontemporarynaturalizedtheories of time and consciousness. But in places I found Wyschogrod'semphases incomplete or misguided. Thus, for example, for all its dramaticappeal, I am puzzled by her insistence on the historian'svocation and responsibility to the dead, those helpless and mute "namelessothers"who are supposedly given a "countenance,"a voice andhope by the empathetic,almost lachrymose, "heterologicalhistorian."For the duty and responsibilityof the historianis first and foremost to the living, to whom s/he is boundby social rules of "conversation"that demanda commitmentto truthin what we say: the historianis, in this respect, a trustee of memory, shaping, nurturing,and safeguardingthe ballast of the social self and identity of the present and future generations.Despite all the ambiguous virtues of empatheticunderstanding,the space that separatesus from those whose lives were truncatedremainsan incommensurable,gaping abyss staring at us with its opaque, question-fraughtdarkness,and no hermeneuticsomersault can animate it to luminous transparency.Elsewhere,I found her interludeon 382

Book Reviews mnemotechnicsboth thin in expressive depth and redundantto her argument,as if the avid pen could not let go of a succulent sideline in a Lucullan feast of information. Wyschgrodis at herbest in herperceptivetreatmentof the impactof the contemporaryinformation-technologyrevolutionand the hypertropyof visual stimulations on the writing of history,diagnosingwith keen intelligence and a wealth of examples issues of technology's "active interferencein the world,"and the added burdensand sometimes arduousdemandsit makes on the historian(chap. 3). The manipulativepyrotechnicsthat virtual reality affords are of special concern at a time when history is being unscrupulouslyrewrittenand "denied"by warlikecoalitions spurred by sheer power, reckless ideology, and demagoguery. Even the plainestimages--lingering in the intersticesbetweenperceptionandjudgment and enjoying a privileged status in the popular imagination, as expressed in the misguided truism that "images don't lie"-require "narrativeorchestrationif [their] meaning is to emerge and narrativesdiffer in the claims they make abouttheir referents"(p. I11). Takethe recent conflict in Kosovo, for example. One strikingimage of a corpse lying in a craterwith, in the background,a truckloaded with other bodies, charredand shredded,became the leading photographin a number of magazines.The Serbianofficials who took journalists to the site claimed the victim was an Albanian refugee killed, like all the others in the picture, in a botched NATObombing attack.And yet, news editors familiar with the conflict could legitimatelyask, Who made the crater?Wasthe body draggedby Serbianforces anxious to score a point with internationalpublic opinion? Whose bodies are really in the background?And who is the photojournalistwho took the picture,does he have an agenda?The photo may have been staged, the bodies may have been repositioned to create an effect. Farfrom constitutinggenuine "evidence,"then, the picture may contributeto muddle the facts instead of clarifying them.' The forging of collective memory escapes more and more the cudgel of the historian.Dominantpower has at its disposal massive means for the control of its self-representation.Indeed,the kind of intense and non-conformistdocumentary photo essays that the British photographerLarry Burrows produced during the VietnamWar-a body of work that played an importantrole in underminingthe supportof American public opinion for this armed conflict-would today be unthinkablebecause the reportingprofession has undergonea radicaltransformation since his heroic times. In a climate of increasing assault, the lonely voice of the heterologicalhistorianstruggles to emerge from moral cacophony and indeterminacy to serve as a sure bridge between yesterdayand tomorrow. Miriam Fleer Jerusalem,Israel

1. Cf. Felicity Barringer,"PicturesCan Lie, After All," New YorkTimes,April 25, 1999, p. E12.

383

Review: [untitled] Author(s): Mark Washofsky Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 384-385 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131718 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review David Novak. Natural Law in Judaism. Cambridge:CambridgeUniversity Press, 1998. xii, 210 pp. In this book, based upon his Lancaster-Yarnton Lecturesin 1996, David Novak argues that naturallaw has always played a centralrole in Jewish thoughtand discourse. He also argues that naturallaw ought to be seen in a positive light; in otherwords, this is a work of constructivetheology as much as it is a surveyof the influence of naturallaw in Jewish intellectual history. Its "historical"side shows itself in Novak's interpretationsof various biblical narratives;the stories of Cain and Abel, Abrahamand Sodom, andAbrahamandAbimelech are coherentonly if we recognize that the charactersshare a conception of a universally valid moral law based upon reason ratherthan revelation. In addition, the long record of investigation by Jewish thinkersinto the reasons for the particularcommandments (ta 'amei ha-misvot)suggests both thatJews have soughtto explain the substantive content of revelationin rationalterms and that, in Novak'swords,"moreoften than not the rules cannot be cogently applied unless we have some understandingof what these rules intend"(p. 64). The efforts by such luminariesas SaadiahGaon and Maimonides to develop teleologies of Jewish law-"an essential component of naturallaw thinking" (p. 120)-are offered as evidence that these mainstreamrabbisregardknowledge of the revealed law as insufficient in the absence of a rationalethat itself is not dependentupon revelation.And Novak sides with those Judaicthinkerswho hold that the concept of Noahide law represents"an authenticallyJewish way to engage in thinking naturallaw" (p. 191). Although he acknowledges that not all will agree with this assessment, "it is enough for any Jewish thinkerto be able to connect himself or herself with a sustained subtraditionwithin the overall traditionitself, even if that subtraditionhas a counter subtradition"(p. 192). The "theological"side of Novak'sargumentlies in his claim thatnaturallaw makes it possible to conduct Jewish moral discourse in a world composed of many cultures,to make claims of moral meaning in the name of Judaismthat are simultaneously understandableto non-Jews. Within a particularlyJewish context as well, naturallaw serves as an indispensablecritiqueand refinement of our understandingof the positive law of the covenantof Sinai. These claims allow Novak to respond to those traditionalists who reject natural law as unnecessary on the grounds that the revealed misvot by themselves are the exclusive authorityin Judaism. To Novak, the misvot do not function, and never have functioned,in isolation from rationale;"theology cannot simply avoid philosophy without appearing absurdin the process"(p. 177). At the same time, Novakrejectsthe strongerclaims made by some naturallaw advocates that reason alone is a sufficient ground for all law.All law emerges from particularcultures;naturallaw can critiquethis culturalgroundingbut cannotreplace it. In Jewish terms, naturallaw cannotfunction without revelation, which establishes the basic Gestalt of Judaism as "a full and abiding relationshipbetween God and a people on earth"(p.61). Novak's argumentis compelling, assumingthatone does not assume an "extreme" position of either the theological or the rational-philosophicalvariety. It may be weakened,though, by its tendency to conflate the concepts of naturallaw 384

Book Reviews and reason. Reason or rationalityis surely an inescapable precondition for theological thought. Just as humanbeings cannot hope to express themselves in conversationin the absence of a common linguistic structurethat makes meaningful communicationpossible, we might say that religious meaning, too, depends upon the existence of a sharedintellectual framework(including accepted understandings of such notions as justice, right,good, and evil) thatprecedes any specific revelatory act. Yet, the inevitableexistence of reason as an aspect of Jewish religious discourse may not prove that Judaism recognizes a doctrine that we would customarilyidentify as naturallaw.As the late Professor Marvin Fox noted, the very term "naturallaw" is conspicuous in its absence from the writings of leading Jewish religious thinkers,includingthose of the rationalistsSaadiahand Maimonides. Those who respondthat Judaismnonetheless recognizes naturallaw, albeit not by thatname, may have a point. Then again, it is possible that they are "defining natural law down,"broadeningand generalizing the concept so as to identify it with the sort of reason that virtuallyall would agree most certainlyfunctions in Jewish religious discourse. In this way, the existence of naturallaw within Judaism becomes less controversial.It also becomes less interesting. Still, Novak's essay is a cogent presentationof the issues, an importantstatement by a leading contemporaryJewish theologian. MarkWashofsky HebrewUnion College-Jewish Instituteof Religion Cincinnati,Ohio

JudithLaikinElkin. TheJews ofLatinAmerica.New York:Holmes & Meier, 1998. xv, 339 pp. Until the late 1920s, the subject of LatinAmerican Jewry was not of great interestto Jewish scholars. It only burst forth with the beginning of the persecution of the Jews in Nazi Germany,especially in the years when they were forced to seek a refuge in any countrywilling to give them a life-saving visa. During this period, guides, leaflets, and books about all the Latin American countries were published,providing informationabout their histories and the presence of Jews. There was also some discussion, naturally,of the expectations for immigrantsto remaketheir lives. In the first years of the postwarperiod,specialized books and encyclopedias began to appear, including the voluminous Enciclopedia Judaica, published in Mexico in 1948, which for the first time dedicatedappropriatespace to each of the LatinAmericancountriesand entrustedthe writing of these articles to Jewish specialists residing in the various countries. Later,between 1966 and 1975, the Buenos Aires branch of the American Jewish Committeepublished several volumes underthe title Jewish Communities in LatinAmerica, which expandedthe treatmentof the history,presence, and organization of Jews in these countries of the New World,providing recent infor385

Review: [untitled] Author(s): Günter Böhm Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 385-389 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131719 . Accessed: 17/07/2011 14:09 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews and reason. Reason or rationalityis surely an inescapable precondition for theological thought. Just as humanbeings cannot hope to express themselves in conversationin the absence of a common linguistic structurethat makes meaningful communicationpossible, we might say that religious meaning, too, depends upon the existence of a sharedintellectual framework(including accepted understandings of such notions as justice, right,good, and evil) thatprecedes any specific revelatory act. Yet, the inevitableexistence of reason as an aspect of Jewish religious discourse may not prove that Judaism recognizes a doctrine that we would customarilyidentify as naturallaw.As the late Professor Marvin Fox noted, the very term "naturallaw" is conspicuous in its absence from the writings of leading Jewish religious thinkers,includingthose of the rationalistsSaadiahand Maimonides. Those who respondthat Judaismnonetheless recognizes naturallaw, albeit not by thatname, may have a point. Then again, it is possible that they are "defining natural law down,"broadeningand generalizing the concept so as to identify it with the sort of reason that virtuallyall would agree most certainlyfunctions in Jewish religious discourse. In this way, the existence of naturallaw within Judaism becomes less controversial.It also becomes less interesting. Still, Novak's essay is a cogent presentationof the issues, an importantstatement by a leading contemporaryJewish theologian. MarkWashofsky HebrewUnion College-Jewish Instituteof Religion Cincinnati,Ohio

JudithLaikinElkin. TheJews ofLatinAmerica.New York:Holmes & Meier, 1998. xv, 339 pp. Until the late 1920s, the subject of LatinAmerican Jewry was not of great interestto Jewish scholars. It only burst forth with the beginning of the persecution of the Jews in Nazi Germany,especially in the years when they were forced to seek a refuge in any countrywilling to give them a life-saving visa. During this period, guides, leaflets, and books about all the Latin American countries were published,providing informationabout their histories and the presence of Jews. There was also some discussion, naturally,of the expectations for immigrantsto remaketheir lives. In the first years of the postwarperiod,specialized books and encyclopedias began to appear, including the voluminous Enciclopedia Judaica, published in Mexico in 1948, which for the first time dedicatedappropriatespace to each of the LatinAmericancountriesand entrustedthe writing of these articles to Jewish specialists residing in the various countries. Later,between 1966 and 1975, the Buenos Aires branch of the American Jewish Committeepublished several volumes underthe title Jewish Communities in LatinAmerica, which expandedthe treatmentof the history,presence, and organization of Jews in these countries of the New World,providing recent infor385

AJS Review mation and essays by leading figures of LatinAmericanJewry.Around the same time, in 1976, JudithLaikin Elkin presentedthe results of her investigationsof the history of the Jews of LatinAmerica in the nineteenthand twentieth centuriesin her unpublishedPh.D. dissertationat the University of Michigan. Since then this well-known scholarhas specialized in the study of LatinAmericanJewry.Her first book, Jews of the LatinAmericanRepublics,appearedin 1980, and her subsequent book, whose revised edition we are reviewing here, was published in 1998. Although it is true, as Elkin says in the preface to her new book, that since 1979 "moreresearchhas been publishedon LatinAmericanJewrythan in the previous one hundredyears,"the material she uses is not always trustworthy,and at times her sources must be subjectedto strict rectificationand evaluation. To mention but one instance, in her discussion of the Jews in Mexico, she uses estimateddata statingthat "theJewish populationof Mexico in 1905-10 varied from seventy-five [families] to fifteen thousand" (p. 61), a figure that shows how imprecise Jewish demographicstudies were at the beginning of the twentieth century. Furtheron, the author of the source of this information,Corinne Azen Krause (The Jews in Mexico [Mexico City, 1987], p. 68, n. 9 ) mentions "a Jewish banker, Jean Baptiste Jecker,"information which she took from another author without checking it properly.Could a Jewish boy, in the middle of the last century, have been namedJohnthe Baptist?Unfortunately,this informationalso appears in JudithLaikin Elkin'sbook (p. 39). During the first decades of the nineteenth century, only a few thousand Jews were to be found anywhere in Latin America (p. 47). It must be recalled, however, that until the end of the century, the stream of European immigrants (excluding, naturally,those from Spain and Portugal), while not large, was very important for the development of agriculture, technology, and science. That is why several Latin American countries sought to increase the immigration from Europe, facilitating the arrival,mainly in the Argentine, of numerous Jews fleeing the pogroms in tsarist Russia from 1889 onwards. The available statistics show that only a small percentage of the Jews leaving Russia found a new home in LatinAmerica in the years before WorldWarI. Thus, between 1901 and 1914, the total number of Jews arriving in the main centers of immigration in Latin America, Argentina, and Brazil, amounted to 96,000, hardly more than arrived in Canada, while the United States absorbed, in the same period, more than 1,346,000. Possibly as a reactionto the increase in immigrationand to the special treatment Europeanimmigrantswere given as comparedto the native population,nationalist ideologies came into being in several LatinAmerican countries. On the one hand, this trend showed a preference for the old creole traditions,and on the other,it fomented a negative image of the Jews, turningto the well-known antisemitic allegations popularizedin France,Germany,and tsaristRussia in the second half of the nineteenthcentury.AfterWorldWarI, the suspicionthatJews fromRussia might be secret Bolsheviks was added.Thus, duringa strikeat an ironworksin Buenos Aires, when an effort was made to determinewho had been stirringup the workers,rumors spreadthat those responsible for the agitationwere immigrants, especially Catalansand Jews. A pogromresultedfromthe violent repressionof the 386

Book Reviews strikingworkersduringthe so-called TragicWeek in January1919. Privatehomes and storeswere looted, librariesdestroyed,and 800 persons arrested,of whom 80% were Russians. Among the hundredsof dead and thousands of wounded, many were Jews. This exaggerated nationalism was echoed by a substantialnumber of Argentineans and paved the way for Nazi and fascist propaganda,which found so manyadeptsin influentialcircles of the ArgentineanRepublic.It was they who later drew up the regulationsfor the country'simmigrationlegislation . An extensive part of TheJews of LatinAmerica is devoted to Argentina,for it was the LatinAmericancountrythatacceptedthe greatestnumberof Jewish immigrants.At the outset, in the agriculturalcolonies financed by Baron Maurice de Hirsch and founded by the Jewish ColonizationAssociation (JCA), thousands of Jews attempted to remake their lives in new settlements located in different provinces of the Argentine. However,by the first decades of the twentieth century, Buenos Aires and other cities were receiving the greaterpart of the immigrant stream. Statistics published in recent years show that in 1909, approximately 19,000 Jews were living in the agriculturalcolonies, 16,500 or so in Buenos Aires, and around 13,000 in other cities of the province. By 1917, Argentinawas home to an estimated 110,000 to 113,000 of the 150,000 Jews then living in Central and SouthAmerica and in the Caribbean(p. 68). If we consider,as well, that even at presentmore than half of LatinAmericanJewry is concentratedin Argentina,it is clear why so many studies of Jews in this part of the New Worldfocus on that country. Elkin's book thoroughly analyzes the difficult process of initiation into Argentina's economic life, as well as the Jewish communal organization that developed there. She begins by examining the formation and failure of the Jewish agriculturalcolonies and the long and difficult process of social and economic integrationof the first generation of immigrants. "Sephardimand Ashkenazim began their life as pedlers" (p. 134), she explains, selling small and portable items of mass consumption, and cloth. In many cases, those who did not have the capital to purchase merchandise obtained initial loans without interest from mutual aid societies established by immigrants. However, the second and third generations of ArgentineanJews had to traversea slow and difficult road before they were able to join the country's middle class. Still, in 1960, about a third of ArgentineanJews were in business, almost 20% made their living as industrial workers, and only 10% were in the free professions (p. 151). Although a small percentage of the Jewish populace ascended to the wealthy upper class, a considerable number lived below the poverty level. Thus, in 1990, some 5,000 Argentinean Jewish families received subsistence from their communities, as did 12%of the Jews remaining in Peru in 1988 (pp.155-156). Equally alarming, in the same year, 35% of the children attending the Jewish school in Lima needed scholarships. The profound political and socioeconomic changes in Latin America over the last few decades led Elkin to rewrite her chapter"The Jewish Street,"which had been published under the same title in Jews of the LatinAmerican Republics (ChapelHill: Universityof North CarolinaPress, 1980). In it, she discusses the or387

AJS Review ganization of Jewish communal life in Argentina and in other Latin American countries such as Uruguay,Brazil, and Mexico. Her accountof the beginningsand the evolution of the main Jewish institutionin LatinAmerica, the kehillah, is excellent. This institution,from its origins until the presentday,has maintaineda monopoly on burial; credit organizations(which began as an aid to destituteimmigrants);charitableagencies for the poor, sick, and aged; andthe networkof Jewish schools, communalpress, libraries,youthgroups,andalso, sometimes,sportsclubs. In Argentina,this umbrellaorganizationis known as AMIA, but similarorganizations are found in other Latin American countries.Although "characterizedby a highly centralizedand rigid bureaucracy"in some sectors, AMIA was in the past and still is the country'smain Jewish institution.Nevertheless, the fact that even in 1970, 70% of its memberswere over fifty years old, and 17%were over seventy (p. 187), suggests that it has lost its appeal for the new generationsof nativeborn Jews, who are more interestedin participatingin the secularworld of the universities and in the culturaland political worlds of their respective countries. Is there a connection between the lack of interest in Jewish institutions among youngerpeople andthe alarmingdecreasein the Jewishpopulationof Latin America over the past few decades?The chapterentitled "LatinAmerican-Jewish Demography"allows us to drawsome conclusions. In her earlierbook, Elkin said that "some 550,000 people who were identifiable Jews were living in the Latin American republics in 1960, 310,000 of them in Argentina"(p. 191). Now, with 1990 as the referenceyear, these figures are dramaticallyreducedto 430,000 persons in LatinAmerica, with 30% of them, which is 208,000, in Argentina.Similar reductionsare mentioned for the other LatinAmericancountries. The reasons for this decrease include emigration,for economic and political reasons, to Israel,the United States, and Europe.Otherstudies indicatethatthe death rate is at times greaterthan the birthrate, and point out an increasein intermarriage. It is necessary to discuss the reliabilityof the figures for the Jewishpopulation of the Americas given in TableFour.Let us take as an example the permanent change in the figures for the Jewish populationof Chile. Up to the 1950s, the total is said to havebeen 35,000 people (JewishCommunitiesin LatinAmerica,1966, p. 52), a figure providedby the country'sJewish leaders.The figure was reduced to 28,000 in the first edition of the earlierJews of the LatinAmericanRepublics (p. 193). In 1994 the figure is again reduced:only 15,000 Jews are mentionedin Chile in the AmericanJewish YearBook (1996). A socio-demographicstudyby the RepresentativeCommittee of the Jewish Institutions,an organizationwhich links all the Jewish institutionsin Chile, mentions a total of 19,000 persons. Now, thanksto a study by the GermanhistorianIrmtrudWojakin 1994, it is known that around 13,000 German-speakingrefugees arrived in Chile between 1933 and 1941. Of these, only 1,500 families joined the B'ne Isroel community, foundedby GermanJews. The othersdid notjoin any Jewishinstitutionat the time. We must assume that most of them did not appearin any internal census of the community.Nor do latercensuses include Jewish residentsof Chile who, for whatever reason, are not active in Jewish communallife and do not belong to any Jewish institution. 388

Book Reviews In light of this, is there really so alarming a decrease in the Jewish population of Latin America, or could it be that the published studies only consider persons who have a connection with Jewish institutions? Whether the reduction in reportedJewish population reflects a decrease in population, or a decrease in Jewish activity that facilitates identification in population surveys, if the trendcontinues, it may endangerthe survival of organizedJewish life in Latin America. Anyone who wishes to learn about the problems of Latin American Jewry will find it essential to read Elkin, whose numerouspublicationson LatinAmerican Jewry make her one of the most distinguished scholars in the field. This volume's numerousnotes and lengthy bibliographywill facilitate furtherresearchby readersseeking a deeper understandingof the question of the future of the Latin AmericanJewry and the strategyfor Jewish survival in LatinAmerica. GiinterB6hm Universidadde Chile Santiago, Chile

Seth Forman.Blacks in the Jewish Mind:A Crisis of Liberalism.New York:New YorkUniversity Press, 1998. x, 274 pp. This is a welcome correctiveto the many recent polemical and scholarlybut tendentious-studies of black-Jewishrelations that portrayJews as differing little from other whites. As Seth Formanindicates, many of these studies bear the imprintof the Black Powermovement,whose influence mountedin the late 1960s. Seeking to underminethe integrationistcivil rights coalition in which Jews occupied a leading role, the writers of these works severely minimized or denied any special Jewish empathy for the African-Americancause. David L. Lewis claims that Jewish involvementin the civil rights movement was motivatedby self-interest ratherthan by heightened sensitivity rooted in a memory of antisemitic persecution. Jews allegedly "us[ed] Blacks as surrogates"(p. 12) to eliminate discriminationagainstJews, blacks derivinglittle benefit from the alliance. HaroldCruse similarlyportrayedJews in the civil rights movement as opportunistic,as a privileged groupthathad not sufferedin the United States and thereforehad nothing in common with AfricanAmericans.According to Forman,TaylorBrancheven cites Israel'srefusal to grant citizenship to members of Ben-Ami Carter's"Black Hebrew" sect as evidence that Jews have been "perpetratorsof racial hate" (p. 14). But Branchignores the invalidityof the sect's claim to be Jewish as well as its virulently antisemiticand anti-whitetheology. Rejecting a genuine multiculturalmodel for a narrowlyconstructed racial one, many black nationalistshave even labeled Jews the most racist whites. Thus, the Nation of Islam (NOI) depicted the Jews as the most malicious of the white devil race createdby the mad scientist Yacub.Black academics like Tony Martin supportedthe NOI's ridiculouschargethatJews controlledthe slave trade.The his389

Review: [untitled] Author(s): Stephen H. Norwood Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 389-391 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131720 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews In light of this, is there really so alarming a decrease in the Jewish population of Latin America, or could it be that the published studies only consider persons who have a connection with Jewish institutions? Whether the reduction in reportedJewish population reflects a decrease in population, or a decrease in Jewish activity that facilitates identification in population surveys, if the trendcontinues, it may endangerthe survival of organizedJewish life in Latin America. Anyone who wishes to learn about the problems of Latin American Jewry will find it essential to read Elkin, whose numerouspublicationson LatinAmerican Jewry make her one of the most distinguished scholars in the field. This volume's numerousnotes and lengthy bibliographywill facilitate furtherresearchby readersseeking a deeper understandingof the question of the future of the Latin AmericanJewry and the strategyfor Jewish survival in LatinAmerica. GiinterB6hm Universidadde Chile Santiago, Chile

Seth Forman.Blacks in the Jewish Mind:A Crisis of Liberalism.New York:New YorkUniversity Press, 1998. x, 274 pp. This is a welcome correctiveto the many recent polemical and scholarlybut tendentious-studies of black-Jewishrelations that portrayJews as differing little from other whites. As Seth Formanindicates, many of these studies bear the imprintof the Black Powermovement,whose influence mountedin the late 1960s. Seeking to underminethe integrationistcivil rights coalition in which Jews occupied a leading role, the writers of these works severely minimized or denied any special Jewish empathy for the African-Americancause. David L. Lewis claims that Jewish involvementin the civil rights movement was motivatedby self-interest ratherthan by heightened sensitivity rooted in a memory of antisemitic persecution. Jews allegedly "us[ed] Blacks as surrogates"(p. 12) to eliminate discriminationagainstJews, blacks derivinglittle benefit from the alliance. HaroldCruse similarlyportrayedJews in the civil rights movement as opportunistic,as a privileged groupthathad not sufferedin the United States and thereforehad nothing in common with AfricanAmericans.According to Forman,TaylorBrancheven cites Israel'srefusal to grant citizenship to members of Ben-Ami Carter's"Black Hebrew" sect as evidence that Jews have been "perpetratorsof racial hate" (p. 14). But Branchignores the invalidityof the sect's claim to be Jewish as well as its virulently antisemiticand anti-whitetheology. Rejecting a genuine multiculturalmodel for a narrowlyconstructed racial one, many black nationalistshave even labeled Jews the most racist whites. Thus, the Nation of Islam (NOI) depicted the Jews as the most malicious of the white devil race createdby the mad scientist Yacub.Black academics like Tony Martin supportedthe NOI's ridiculouschargethatJews controlledthe slave trade.The his389

AJS Review toriansAugust Meier and John Bracey helped legitimize this antisemitic fabrication by suggesting that Jewish involvementin the slave trade,and in the plantation system of the American South, constitutedone of the most importantsubjectsfor futureresearch. Fearingthat any acknowledgmentof significant Jewish sufferingthreatened the concept of a monolithic white racism, many black nationalistsgrossly inflated the death toll of the Atlantic slave trade,and even the numbersimported,in an effort to trivialize Jewish suffering duringthe Holocaust. Formanquotes Malcolm X, a militant antisemite for most of his career, as complaining that "everybody's wet-eyed over a handful of Jews who broughtit on themselves"-in effect,justifying the Holocaust-while ignoring "our one hundred million" capturedand broughtto "this country"(p. 71)-a monstrousexaggeration. Forman notes that American Jews maintained a "trulyadmirable"(p. 15) record on civil rights, and that most African Americans perceived Jews as more friendly to their cause than other whites. The Jewish press was strongly sympathetic to African-Americancivil rights,andthe majorJewish-ledtradeunionswere historicallymore committedthan otherunions to organizingand admittingblacks. Jews were virtuallyunique in retaininga liberaloutlook afterachieving significant economic mobility afterWorldWarII. Formanalso arguesthat Jews continuedto supportracial integrationeven when the destabilizationof Jewish neighborhoods andtheirinstitutions,on which Jewish identitydepended,was often a consequence. Northern Jews strongly endorsed racial integration in the South, even when it threatenedthe physical and economic security of the region's small Jewish population, and SouthernJews themselves were more supportiveof desegregationthan other Southernwhites. Formantraces the growing divergencebetweenAfrican-Americanand Jewish interests as blacks pressed for racial preferences and "communitycontrol," threateninga system of merit-basedentry and advancementin education,government, and the professions that after 1945 had benefited Jews. Affirmative action programsconfirmed the Black Powerview of Jews as "privileged"whites, a status made official in 1973 when the federalgovernmentestablishedfive racialcategories and classified Jews as "non-Hispanicwhites."This implied that Jews, as part of a monolithic white majority,had oppressed those in the other four categories. Formanarguesthatthe communalneeds of blacks have been takenmore seriously in the United States than those of Jews. This is in part illustratedby what until recently was widespread government backing for racial preferences benefiting African Americans. Formannotes that African-Americanmoviemakerstoday often receive financing to make films celebratingAfrican-Americanculture that disparageracial intermarriage,while Jews in film have traditionallyavoided Jewish themes and celebrated Jewish-gentile intermarriage.In music, African Americans remainedcommitted to jazz and other identifiablyblack forms, while Jews who succeeded in that field invariablywrote and performedmusic that had no connection whatsoever to Jewishness-a prime example being Irving Berlin, composer of "White Christmas"and "EasterParade."The predominantlyJewish "New York Intellectuals,"largely excluded from university careers, could gain 390

Book Reviews prominenceonly by writingon non-Jewishtopics. By contrast,the African-American "publicintellectuals"of the 1990s, like Henry Gates and Cornel West, occupy high-salariedpositions at prestigious universities, and write almost exclusively aboutrace. The authoris to be commendedfor his stimulating,forthright,and often insightful discussion of a critical subject. Stephen H. Norwood University of Oklahoma Norman, Oklahoma

Joel Beinin. TheDispersion of EgyptianJewry: Culture,Politics, and the Formation of a Modern Diaspora. Berkeley: University of California Press, 1998. xii, 329 pp. During the past three decades, several major scholarly studies and personal accounts of Egyptian Jewry have been published in Europe, Israel, and the United States.' Joel Beinin's book is the product of several years of research in Israel,Egypt, France,and the United States, in which he consulted not only books but also newspaper articles in English, French, Arabic, and Hebrew, as well as archives, among them the YIVO Institute records; the Haganah, Ha-Shomer haTsa'ir, and the Central Zionist archives (Israel); the Jamie Lehmann Memorial Collection of YeshivaUniversity (containing the records of the Cairo community); and the U.S. National Archives. He also interviewed Egyptian Jews and nonJews. Beinin examinesissues pertainingto the history of the EgyptianJewish communitiessince the 1948 war,attemptingto flesh out threeareas:the life of the communitythatchose to remainin Egypt from 1948 until the Sinai/Suez campaign of October 1956; the dispersionand resettlementof EgyptianJews in North America, Europe,and Israel;and contested memories of Jewish life since the beginning of the Egyptian-Israelimutualpeace overturesleading to the CampDavidAccords 1. The most noted scholarlypublicationsinclude Jacob M. Landau,Jews in Nineteenth Century Egypt (New York:New YorkUniversity Press, 1969); GudrunKramer,TheJews in Modern Egypt, 1914-1952 (Seattle: University of WashingtonPress, 1989); Michael M. Laskier, TheJews of Egypt, 1920-1970: In the Midstof Zionism,Anti-Semitismand the MiddleEast Conflict(NewYork:NewYork UniversityPress, 1992); YoramMeital, 'Atarimyehudiyim be-Misrayim(Jerusalem:The Ben-Zvi Institute, 1995); Zvi Zohar,Traditionand Change: Halachic Response of Middle Eastern Rabbis to Legal and TechnologicalChanges [Egypt and Syria, 1880-1920]. [Hebrew](Jerusalem:The Ben-Zvi Institute, 1993);andYosefAlgamil,Pirqei Tuviaben SimhaLevi Babovitch: 'Aharonhakhmeiha-kara'im be-Misrayim,2 vols. (Ramlah:Centerfor KaraiteJewry, 1998). Some of the best personalaccounts are MauriceMizrahi,L'Egypteet ses Juifs: Le Tempsrevolu,xixe-xxe siecles (Geneva:ImprimerieAvenir, 1977); Yitzhaq Gormezano-Goren,Blanche [Hebrew] (Tel-Aviv: Am Oved, 1987); Jacqueline Kahanoff Mi-mizrahshemesh (Tel-Aviv:YarivHadar, 1978); Ronit Matalon, Zeh 'im ha-panim 'eleynu (Tel-Aviv:Am Oved, 1995); Rachel Maccabi,Mitzrayimsheli (Tel-Aviv:Sifriyatha-Poalim, 1968); and AndreAciman, Out of Egypt (New York:FarrarStraussGiroux, 1994).

391

Review: [untitled] Author(s): Michael M. Laskier Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 391-394 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131721 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews prominenceonly by writingon non-Jewishtopics. By contrast,the African-American "publicintellectuals"of the 1990s, like Henry Gates and Cornel West, occupy high-salariedpositions at prestigious universities, and write almost exclusively aboutrace. The authoris to be commendedfor his stimulating,forthright,and often insightful discussion of a critical subject. Stephen H. Norwood University of Oklahoma Norman, Oklahoma

Joel Beinin. TheDispersion of EgyptianJewry: Culture,Politics, and the Formation of a Modern Diaspora. Berkeley: University of California Press, 1998. xii, 329 pp. During the past three decades, several major scholarly studies and personal accounts of Egyptian Jewry have been published in Europe, Israel, and the United States.' Joel Beinin's book is the product of several years of research in Israel,Egypt, France,and the United States, in which he consulted not only books but also newspaper articles in English, French, Arabic, and Hebrew, as well as archives, among them the YIVO Institute records; the Haganah, Ha-Shomer haTsa'ir, and the Central Zionist archives (Israel); the Jamie Lehmann Memorial Collection of YeshivaUniversity (containing the records of the Cairo community); and the U.S. National Archives. He also interviewed Egyptian Jews and nonJews. Beinin examinesissues pertainingto the history of the EgyptianJewish communitiessince the 1948 war,attemptingto flesh out threeareas:the life of the communitythatchose to remainin Egypt from 1948 until the Sinai/Suez campaign of October 1956; the dispersionand resettlementof EgyptianJews in North America, Europe,and Israel;and contested memories of Jewish life since the beginning of the Egyptian-Israelimutualpeace overturesleading to the CampDavidAccords 1. The most noted scholarlypublicationsinclude Jacob M. Landau,Jews in Nineteenth Century Egypt (New York:New YorkUniversity Press, 1969); GudrunKramer,TheJews in Modern Egypt, 1914-1952 (Seattle: University of WashingtonPress, 1989); Michael M. Laskier, TheJews of Egypt, 1920-1970: In the Midstof Zionism,Anti-Semitismand the MiddleEast Conflict(NewYork:NewYork UniversityPress, 1992); YoramMeital, 'Atarimyehudiyim be-Misrayim(Jerusalem:The Ben-Zvi Institute, 1995); Zvi Zohar,Traditionand Change: Halachic Response of Middle Eastern Rabbis to Legal and TechnologicalChanges [Egypt and Syria, 1880-1920]. [Hebrew](Jerusalem:The Ben-Zvi Institute, 1993);andYosefAlgamil,Pirqei Tuviaben SimhaLevi Babovitch: 'Aharonhakhmeiha-kara'im be-Misrayim,2 vols. (Ramlah:Centerfor KaraiteJewry, 1998). Some of the best personalaccounts are MauriceMizrahi,L'Egypteet ses Juifs: Le Tempsrevolu,xixe-xxe siecles (Geneva:ImprimerieAvenir, 1977); Yitzhaq Gormezano-Goren,Blanche [Hebrew] (Tel-Aviv: Am Oved, 1987); Jacqueline Kahanoff Mi-mizrahshemesh (Tel-Aviv:YarivHadar, 1978); Ronit Matalon, Zeh 'im ha-panim 'eleynu (Tel-Aviv:Am Oved, 1995); Rachel Maccabi,Mitzrayimsheli (Tel-Aviv:Sifriyatha-Poalim, 1968); and AndreAciman, Out of Egypt (New York:FarrarStraussGiroux, 1994).

391

AJS Review of 1978. One of his main argumentsis that neitherEgyptiannationalistnor Zionist narrativescan properlytell the experience of Egypt's Jews. He therefore sets out to provide an alternativeapproach:an interdisciplinaryanalysis-including history, ethnography,literary criticism, and autobiography-to assess changing patternsof Jewish identity. Concerningthe first area,Beinin has little to add.Kramer'sTheJews ofModern Egypt, Zohar's Traditionand Change, and my own Jews of Egypt more than cover the Jews' religious, social, and political evolution in the twentiethcenturyto the end of the Nasser era.AndreAciman's Out ofEgypt covers Muslim-ChristianJewish relations in Egypt as an eyewitness account for the 1950s and 1960s. Operation Susannah by Aviezer Golan, a veteranIsraelijournalist,publishedin 1978 by Harper & Row, concentrates on the status of Egyptian-JewishZionists who faced trial for sabotage activity on Israel'sbehalf. Though Beinin is highly critical of this book, Golan adds much to ourunderstandingof the political mood of young Jews at the beginning of the Nasser era. The main contributionof Beinin's book here is in providing some data on Zionism and on Jewish communists and a useful analysis of the small but dynamic community of Karaites.Yet,to offer a well-documentedinterdisciplinaryanalysis of Jewish life in Egypt after 1948, Beinin should have exploited more extensively the Jamie LehmannMemorial Collection, dug deep into the archivesof the American Jewish Joint DistributionCommittee (AJDC) located in New Yorkand Jerusalem,and consulted the Israel StateArchives (ISA), whose recordsup to December 1967 are now accessible. Grapplingwith this area of investigation,or when surveying scholarlyliteratureon the Jews of Muslim lands, Beinin tends to criticize rigorouslythose who do not sharehis views. They include MartinGilbert,whose outlook on Arabs,Muslims, and Judeo-Muslimrelations is regardedas "crude."Somewhat"less crude" is Norman A. Stillman, who nevertheless embraces a perspective similar to Gilbert's because he portraysthe Jews as belonging to a discriminatedminority that faced continual danger. In challenging other scholars, Beinin remarks on several occasions that Zionism was almost marginal in Egyptian Jewish life. Nothing could be further from the truth.True,Zionism in Egypt and otherMuslim countrieswas indeed an elitist force or confined to groups belonging to the middle bourgeoisie and poorerAshkenazim. But this was also the case for most communitiesin the Diasporaa phenomenonthatdid not deteractivists from fund-raising,organizingaliyah, and sometimes extending their authorityto challenge the establishedcommunalleadership. Zionism in Tunisia, after 1930, emerged as a vital contenderin the struggle for communal leadershipand influence in the Jewish milieu. During the various legal, illegal (underground),and semi-legal phases of aliyah, Zionist activists in Morocco-with or without Israeli sponsorship- formed a leadershipcore that pressured anti-Zionist or non-Zionist Jewish leaders to hasten communal selfliquidation. In Egypt, as in Iraq, the Zionist aliyah undergroundforces, until the early 1950s, were instrumental in initiating large-scale emigration to Israel. Of the 20,000 Jews who left Egypt in 1948-50, more than 14,000 immigratedto Israel 392

Book Reviews via Europe.They were proddedand organized for departureby the Israeli-sponsored underground.In Iraq,a similarsituationevolved with the local underground thatconductedthe aliyah of manythousandsof Jews via the Syriandesert and Iran. During the years 1950-52, this underground,in conjunction with Israeli emissaries, evacuatedmore than 120,000 Jews in a majoroperationwith the consent of the Iraqigovernment.The degree of Zionist membershipor increasingideological conformityto Zionism in a given community is less crucial thanthe influence and initiative of those who succeeded in bringing about partial or large-scale departure.Thoughmuch of the aliyah fromEgypt occurredonly in 1948-49 and 195657, between 1948 and 1970 at least 35,971 of the 75,000-member community,or some 45-48%, chose Israel as their destination.The majorityof the rest emigrated to Europe,Australia,and the Americas. In treating the second area of dispersion and resettlement, Beinin's main groups are the Karaiteswho settled in Israel and North America, particularlyin the San Francisco Bay area, and communist and other leftist intellectuals living in France. His sections on the Karaite and communist emigres are quite good. Notwithstanding, the limited scope of his target groups prevented Beinin from reaching the less accessible "silent majority"of Egyptian Jews, many of whom are still alive, dispersed throughout Brazil, Venezuela, Argentina, Canada, Switzerland, France, Israel, England, and Australia. This is one of the major weaknesses of the book. The really hard work of finding Jews who represented the majority of Egyptian Jews has not been done. Their testimony is not heard here. It is virtually impossible to write about communal dispersion since 1948 without resortingto extensive questionnairesand interviewing large segments of the populations.I, myself, am conductinga majorsurvey,using questionnairesand interviews,of North African Jews of differentbackgroundsand stratawho settled in Israel, France,and the Americas since the late 1940s. Having thus far reached only 1,000 persons, I neverthelessam already getting a highly complex, nuanced, and diverse picture of conflicting identities and outlooks. By interviewing intellectuals with certainpolitical orientations,among them Eric Rouleau and Jacques Hassoun, Beinin chose persons who reflect some of his own worldview. Consequently,the limited application and scope of his interdisciplinaryapproachhinderedhis efforts to offer a more in-depthnarrativeabout the wider Egyptian Jewish experience. The third area of Beinin's book highlights contested memories of Egyptian-Jewish life since the Israeli-Egyptianpeace overtures.Although some of the themes he raises here are pertinent and important, others do not actually relate to the book. The same is true for his enthusiastic endorsement of post-Zionist historiography(pp. 238-240). Whereas post-Zionist thinking and narrative of the past decade has its merits and is a refreshing approachto Israeli history, it is on the whole irrelevantto the issue of the dispersion of Egypt's Jews. The reader may also wonder why Beinin chose to insert his autobiographyand relate it to the topic. All in all, this book is anotherpioneering step in the area of researchon the decline of Jewish minoritiesin Muslim lands and the crises they underwentin new 393

AJS Review geographies. However,a comprehensivework on the dispersionof EgyptianJewry awaits anotherscholar.The sooner this task is accomplished,the better. Michael M. Laskier Bar-IlanUniversity RamatGan, Israel

Paula Hyman, The Jews of Modern France. Jewish Communitiesof the Modern World.Berkeley: University of CaliforniaPress, 1998. xii, 283 pp. PaulaHyman'sTheJews ofModern Franceis the first volume in a new series on Jewish commuities edited by David Sorkin. Hyman has writtena superbinterpretative history. Incorporatingclassical texts as well as recent monographsin French,English, and Hebrew,she calls attentionto the majorissues, tensions, and socioeconomic developmentsin FrenchJewish history from 1789 to 1989 without eithersacrificingtheircomplexityor losing the readerin an overabundanceof detail. The themes of emancipation,acculturation,assimilation,antisemitism,and Zionism are woven throughoutthe text in a mannerthat facilitatesan appreciation of how they havecontinuedto shapethe identitiesof FrenchJews. Demographicand occupationalshifts areemphasized,as arethe internationalconnectionsbetweenthe Jews of France and their coreligionists in other countries-especially in the Maghreb.The populationtransfusionsat the end of the nineteenthandthe earlypart of the twentiethcentury are graphicallyillustrated,highlightingboth the struggles faced by the East Europeanimmigrantsand theirtransformativeimpacton the native Jews. Lastly, comparisonsare intelligently made between FrenchJewish and GermanJewish history as well as between Jews and non-Jewsliving in France. Hyman'sapproachis measuredand nuanced. She does not, however,refrain from adding her own interpretationson some frequentlydebated issues, such as Voltaire'scontributionto modern antisemitism;the accomplishmentsand intentions of Napoleon; the impact of the Dreyfus Affair;the responses of FrenchJewry to immigration,especially in the 1930s, and to Zionism; and finally, the French Jewish establishment'sless thanexemplarybehaviorduringthe SecondWorldWar. Whether one agrees with Hyman's analyses or not (and this reviewer generally does), there is no question but that they are based on the recent and in some instances path-brakingresearchof both American and Frenchhistorians. Before and afterher comprehensivediscussion of the DreyfusAffair,Hyman carefullydistinguishesbetween the virulentantisemitismpresentin Franceand the high degree of integrationof FrenchJewry.NeitherGermanynorAustriacouldhave had a DreyfusAffair, she remindsus, since no Jew had achieveda parallelposition in the armyof eithercountry.And, althoughshe carefullyenumeratesthe criticisms of the Jewish estabishmentat the time of the Affair (e.g., theirpassivity), she also suggests that the FrenchJewish reactionwas "morevariedand complex than earlier assessmentshave conveyed"(p. 109). Significantly,andnot for the only time, Hyman warns againstreadingpast events throughthe lens of more recentones. 394

Review: [untitled] Author(s): Frances Malino Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 394-395 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131722 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review geographies. However,a comprehensivework on the dispersionof EgyptianJewry awaits anotherscholar.The sooner this task is accomplished,the better. Michael M. Laskier Bar-IlanUniversity RamatGan, Israel

Paula Hyman, The Jews of Modern France. Jewish Communitiesof the Modern World.Berkeley: University of CaliforniaPress, 1998. xii, 283 pp. PaulaHyman'sTheJews ofModern Franceis the first volume in a new series on Jewish commuities edited by David Sorkin. Hyman has writtena superbinterpretative history. Incorporatingclassical texts as well as recent monographsin French,English, and Hebrew,she calls attentionto the majorissues, tensions, and socioeconomic developmentsin FrenchJewish history from 1789 to 1989 without eithersacrificingtheircomplexityor losing the readerin an overabundanceof detail. The themes of emancipation,acculturation,assimilation,antisemitism,and Zionism are woven throughoutthe text in a mannerthat facilitatesan appreciation of how they havecontinuedto shapethe identitiesof FrenchJews. Demographicand occupationalshifts areemphasized,as arethe internationalconnectionsbetweenthe Jews of France and their coreligionists in other countries-especially in the Maghreb.The populationtransfusionsat the end of the nineteenthandthe earlypart of the twentiethcentury are graphicallyillustrated,highlightingboth the struggles faced by the East Europeanimmigrantsand theirtransformativeimpacton the native Jews. Lastly, comparisonsare intelligently made between FrenchJewish and GermanJewish history as well as between Jews and non-Jewsliving in France. Hyman'sapproachis measuredand nuanced. She does not, however,refrain from adding her own interpretationson some frequentlydebated issues, such as Voltaire'scontributionto modern antisemitism;the accomplishmentsand intentions of Napoleon; the impact of the Dreyfus Affair;the responses of FrenchJewry to immigration,especially in the 1930s, and to Zionism; and finally, the French Jewish establishment'sless thanexemplarybehaviorduringthe SecondWorldWar. Whether one agrees with Hyman's analyses or not (and this reviewer generally does), there is no question but that they are based on the recent and in some instances path-brakingresearchof both American and Frenchhistorians. Before and afterher comprehensivediscussion of the DreyfusAffair,Hyman carefullydistinguishesbetween the virulentantisemitismpresentin Franceand the high degree of integrationof FrenchJewry.NeitherGermanynorAustriacouldhave had a DreyfusAffair, she remindsus, since no Jew had achieveda parallelposition in the armyof eithercountry.And, althoughshe carefullyenumeratesthe criticisms of the Jewish estabishmentat the time of the Affair (e.g., theirpassivity), she also suggests that the FrenchJewish reactionwas "morevariedand complex than earlier assessmentshave conveyed"(p. 109). Significantly,andnot for the only time, Hyman warns againstreadingpast events throughthe lens of more recentones. 394

Book Reviews The DreyfusAffair may have played a catalytic role in Herzl's thinking,but it didnot leadthe nativeFrenchJewishestablishment,layorrabbinic,to supportZionism. On the contrary,the Frenchestablishmentgenerously supportedPalestinian Jewrybut remainedopposed to Zionism. Hyman suggests that its non-ZionistproPalestinianismwas merelya strategyto weakenthe institutionsof the Zionist movement (pp. 140-141). Only in the 1930s, when Zionism seemed to offer a practical resolutionto the growing refugee problem, did this strategychange. FrenchJewish involvement in the refugee question has been the subject of much debate and no less polemic. Hyman succinctly summarizesVicki Caron's recent study, suggesting that it provides a more complete picture than previously availableof the divisions among FrenchJewry on policies towardthe refugees and the consensus ultimately reached, as well as the French Jewish establishment's decision to challenge politically the government's decrees of 1938

(pp. 153-154). No controversyhas been as heatedas the one concerningthe reactions of the Jews of France to the Nazi occupation. Arguing that it is morally and methodologically untenablefor a historianto specify correct responses from the vantage point of hindsight, Hyman presents a lengthy and careful overview of the events; the decisions made; and the actions and motivations of the majorprotagonists,in particularthe official organizationof the Jews of France,the UGIE Was it collaborationist,she asks, because it cooperatedwith the GermansandVichy in orderto address the needs of their victims, or do its intentions excuse it from charges of collaboration,regardlessof their effect on Jews? Her answerattributesthe fate of the Jews duringthe Holocaust primarilyto those who were actually in a position of powerand authority.Decisions made by the UGIF,however,whetherintentional or not, facilitatedthe Nazis' task. Needless to say, no history that covers more than two hundredyears can escape minormistakes and omissions. The Jewish populationof Paris at the time of the Revolutionwas at least 1,000 and not 500 (p. 7); the Metz Society's question was actually "Are there means of making the Jews more useful and happier in France?"(p. 20); and the morejudaico was eliminated in 1846 but never officially abolished (p. 55). One would have liked even more attentionpaid to individual voices, especially those of women. Finally, although there are excellent illustrations at the beginning of each chapter,there is neither a chronology nor a set of maps, both of which would have been useful. Francenow boasts the largestJewishpopulationin WesternEurope.Its communities are diverse and vibrant,and, as the battle over the post of GrandRabbi recently demonstrated,its futureis contested. But if an "identityvirus" is besieging both the Jews and the country,it is hardly an unfamiliarone to those who explore the two-hundred-yearodyssey presented in Paula Hyman'sbook. FrancesMalino Wellesley College Wellesley, Massachusetts

395

Review: [untitled] Author(s): Henry Abramson Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 396-397 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131723 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

AJS Review Steven Cassedy. To the OtherShore: TheRussianJewish Intellectuals WhoCame to America. Princeton:PrincetonUniversity Press, 1997. xxiii, 188 pp. One of the lesser-studiedaspects of modernJewishhistory is the marginthat thinly separatesthe origin from the destinationof the great migrationsof Eastern EuropeanJews to America. The experience of Jews in the New World has been well documented,and increasingnumbersof studies of turn-of-the-twentieth-century Russian Jewish history have appeared.Most of these works, however,treated the mass movementof Jews as eithera concludingchapterof Jewish life in the Pale of Settlementor as a completely new beginning:the Jewish experiencein the United States and Canada.Steven Cassedy's Tothe OtherShore examines the generations on the seam of the great migrations-the people who formed the bridgebetween the shtetl and the sweatshops, translating,with varying levels of success, Russian Jewish cultureinto American English. A theme that runs through To the Other Shore is the culturallyfluid nature of these immigrants, which Cassedy illustrateswith a wide variety of vignettes from autobiographicalmaterials.A strong element of Russification had already been impressed on their worldviews, and many had adopted nontraditionalattitudes long before leaving the shtetl. Many had an exceptionally antagonisticattitude towardJudaism, and in this Morris Winchevsky'smemoirs are typical: "For me," he writes, "and not for me alone in those days, unbelief and hatredfor any kind of faith had reachedthe highest degree of fanaticism. It became hardfor me to pass a bes medresh ... without gnashing my teeth in anger,and I could hardly stand to hear the voice of men prayingor studyinga page of Talmud"(p. 13). Students of the American Jewish experience will find Cassedy's work particularlyuseful for its descriptionof the bizarreintellectualcurrentspopularin the late tsaristperiod. Special attentionis devoted to Nikolai Chernyshevsky'sclassic, almost unreadable,WhatIs to Be Done?, a ramblingwork of fiction in which unidimensional charactersdevote their lives to the cause of transformingsociety at its most fundamentallevel. WhatIs to Be Done? was mandatoryreading for all budding socialists; Lenin later consciously adoptedthe title for one of his most significant political treatises, and as the Jewish ideologue Chaim Zhitlovsky described Chernishevsky'simpact on Jews: "He became in the literal sense of the word our rebbe, our leader, our er zol lebn ... and we, his ardentHasidim. ... [ WhatIs to Be Done?] could almost be added to the ranksof the sacred scriptures of mankind:the Bible, the Gospels, the Koran ... people approachedWhatIs to Be Done? as they would the Zohar ... because they expected to discover in it the sisre-toyre [mysteriesof the Torah]"(p. 29). Cassedy also provides fascinating glimpses into Russian counter-cultural movements, such as nihilism and populism, and tracestheir influence on the budding secularJewish intelligentsiaas it emergedfromtraditionalrabbinicculturein the late nineteenthcentury.One of the more significant observationsthatCassedy makes in this valuablework is thatthese Jewish intellectuals"didnot for a imnute cease thinking of themselves as Russians,"and were forced to "recognizeand affirm their Jewishness, if only for the pragmaticpurpose of gaining a political audience among their fellow Jews" (p. 62). While discussing their considerablecon396

Book Reviews tributionsto the development of American intellectual life, particularlyin New York,Cassedy arguesthat the mind-set of these immigrantswas, Jewishly speaking, a failure:"Overand over again they had assertedtheir status as Russians and had been so successful that native-bornAmericans thought of them primarily as Russians. Over and over again they had shied away from acknowledgingthe Jewishness of theirreaders,even when those readerswere readingthem in a language that almost no one except Jews could understand[i.e., Yiddish]. When they had moved into the world of English-languagepublishing, many of them abandoned all traces of their Jewish identity"(pp. 158-159). Tothe OtherShore is essential reading for studentsof American Jewish history and culture,and very importantfor specialists on EasternEurope. Cassedy's fluid style will make this well-illustratedwork useful in undergraduateclasses. Henry Abramson FloridaAtlantic University Boca Raton, Florida

AbrahamJ. Karp,Jewish Continuityin America. CreativeSurvival in a Free Society. Tuscaloosa:Universityof Alabama Press, 1998. 302 pp. Jewish Continuityin America is a collection of articles writtenby Abraham Karp over the course of his scholarly career.The earliest essay in the collection was published in 1955 on Jacob Joseph, who was appointedchief rabbi of New Yorkin the late nineteenthcentury.The most recent previously published essays are an account of Isaac Leeser, traditionalistreligious leader and Jewish journalist, and an overview of the synagogue in America, both published in 1987. In addition, there are two new essays, one on CongregationBeth Israel of Rochester, New York,and a second on what Karpcalls the "tripartite"division of the American Jewish community.Because the book is a collection of articles, it could have perhapsbeen more accuratelyentitled "Studies in Nineteenth-CenturyAmerican Jewish History" or "Essays on Rabbis and Synagogues in Nineteenth-Century AmericanJudaism." And yet, a serious effort has been made to place these previously published essays in a broaderconceptual framework.Karp has adapteda selection from his book Haven and Home:A History of the Jews inAmerica as an introduction,which is subtitled"Quest for a Viable Identity."The book briefly outlines the European precedentsthat serve as an importantbackgroundto the religious changes that occurredin nineteenth-centuryAmerica. Karp discusses how identity as a religious communityestablisheda corporatestatus for the Jewish community in the United States,and suggests thatthe Jews needed to justify thatcorporateidentityby building a religious ideology, which they found in the Mission Idea.What developed involved presenting "a new corporateposture" that was "a dual-image identity." Karp argues that this dual-image identity was "fashionedby the folk wisdom of the people"ratherthanby rabbisor intellectualsor Jewish communalleaders.This 397

Review: [untitled] Author(s): Dana Evan Kaplan Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 397-399 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131724 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews tributionsto the development of American intellectual life, particularlyin New York,Cassedy arguesthat the mind-set of these immigrantswas, Jewishly speaking, a failure:"Overand over again they had assertedtheir status as Russians and had been so successful that native-bornAmericans thought of them primarily as Russians. Over and over again they had shied away from acknowledgingthe Jewishness of theirreaders,even when those readerswere readingthem in a language that almost no one except Jews could understand[i.e., Yiddish]. When they had moved into the world of English-languagepublishing, many of them abandoned all traces of their Jewish identity"(pp. 158-159). Tothe OtherShore is essential reading for studentsof American Jewish history and culture,and very importantfor specialists on EasternEurope. Cassedy's fluid style will make this well-illustratedwork useful in undergraduateclasses. Henry Abramson FloridaAtlantic University Boca Raton, Florida

AbrahamJ. Karp,Jewish Continuityin America. CreativeSurvival in a Free Society. Tuscaloosa:Universityof Alabama Press, 1998. 302 pp. Jewish Continuityin America is a collection of articles writtenby Abraham Karp over the course of his scholarly career.The earliest essay in the collection was published in 1955 on Jacob Joseph, who was appointedchief rabbi of New Yorkin the late nineteenthcentury.The most recent previously published essays are an account of Isaac Leeser, traditionalistreligious leader and Jewish journalist, and an overview of the synagogue in America, both published in 1987. In addition, there are two new essays, one on CongregationBeth Israel of Rochester, New York,and a second on what Karpcalls the "tripartite"division of the American Jewish community.Because the book is a collection of articles, it could have perhapsbeen more accuratelyentitled "Studies in Nineteenth-CenturyAmerican Jewish History" or "Essays on Rabbis and Synagogues in Nineteenth-Century AmericanJudaism." And yet, a serious effort has been made to place these previously published essays in a broaderconceptual framework.Karp has adapteda selection from his book Haven and Home:A History of the Jews inAmerica as an introduction,which is subtitled"Quest for a Viable Identity."The book briefly outlines the European precedentsthat serve as an importantbackgroundto the religious changes that occurredin nineteenth-centuryAmerica. Karp discusses how identity as a religious communityestablisheda corporatestatus for the Jewish community in the United States,and suggests thatthe Jews needed to justify thatcorporateidentityby building a religious ideology, which they found in the Mission Idea.What developed involved presenting "a new corporateposture" that was "a dual-image identity." Karp argues that this dual-image identity was "fashionedby the folk wisdom of the people"ratherthanby rabbisor intellectualsor Jewish communalleaders.This 397

AJS Review identity involved retaininga religious communalself-definition vis-a-vis the larger society while maintainingan internalunderstandingof themselves as a people with their own civilization. Karp divides his studies into three sections. The first deals with the synagogue, the second with the rabbinate,and the thirdwith the religious community. The essays are fascinating.The opening chapterdeals with the developmentof different types of synagogues in nineteenth-and twentieth-centuryAmerica.He then describes the development of CongregationBeth Israel of Rochester,New York. Karp lived in Rochester for many years, serving as a Conservativerabbiand as a professorof Jewishstudiesat the Universityof Rochester.This essay will be of great value for futureresearcherswriting on the history of the synagogue in America. The second section is the most interesting. Chaptersare devoted to Isaac Leeser and Solomon Schechter, as well as to Jacob Joseph and Simon Tuska. Leeser, the most importantnineteenth-centurytraditionalistminister, served for many years at CongregationMikveh Israel in Philadelphiaand publishedthe Occident, one of the most widely read Jewish newspapersof its time. The essay on Solomon Schechter,the most importantleader of the ConservativeMovementin early twentieth-centuryAmerica, deals primarilywith the Genizah scholar'sdecision to assume leadershipof the Jewish Theological Seminaryof America. But while Schechter was able to build a successful career in the United States, Jacob Joseph of Vilna was destroyedby disunity,infighting, and obtuse lay decisions. When the leaders of Beth HamidrashHagadol in New Yorkbegan to search for a chief rabbi, they faced the dauntingtask of convincing a major talmudic scholar to leave Lithuaniato come to the United States. But Jacob Joseph was heavily in debt and saw the monetaryinducementsoffered as the only way he could emerge from his financial crisis. Karp describes the constitutionalsetup of the association, the arrivalof Chief Rabbi Joseph, and even his first sermon.The ensuing conflict and controversiesand the eventualfailureof the attemptto establish an American chief rabbinateare explained in context. One puzzling aspect of the essay is Karp's insistence on ending this tragic story of the destructionof a scholarly and gentle talmudiston a positive note. He states that the attemptto establish a chief rabbinate"had its lasting effect for the good," arguingthat the attempt to create a chief rabbinateencouragedH. PereiraMendes and othersto organize the Union of Orthodox Jewish congregations of America in 1898. This readerwas not convinced. One of the most interestingessays describes the short rabbiniccareerof Simon Tuska of Rochester and later Memphis. Tuskawas the son of the Reverend Mordecai Tuska of the Rochester Jewish community,and he studied at the University of Rochester,becoming the first American-bornstudentto travelto Breslau to study for the rabbinate.During his years in Europe,he wrote twenty-three letters to Isaac MayerWise that were published in the Israelite between 1858 and 1860. Tuska'scareer was cut short in 1871 when he died of a heart attackat age thirty-sixon a Fridaynight shortlyafterreturninghome from services in the Memphis temple where he served. Because he died so young, Tuska'sstory is of interest mostly in its descriptionof the life of a young Americanrabbi.It would be unfair to compare his accomplishmentswith those of Leeser or certainly Schechter. 398

Book Reviews The final sectionof the book discusseshow the tripartitedivisionof the American Jewishreligiouscommunitydeveloped.Tracingthe ideologicaland institutional differencesback to Europe,Karpexplainshow the conferencesof the antebellum period determinedthe religious structureof AmericanJewry.He focuses in on the ClevelandConferenceof 1855. But this generalchapteris followed by a long essay on the ConservativeMovement.While the essay is very good, why are thereno parallel chapters on Orthodoxy and Reform? The postscript deals with Solomon Schindler,the radicalReformrabbiof TempleIsraelin Boston,who left Judaismonly to returnand apologize for the "mistakesI have made"in a guest sermondelivered to his formercongregationin March1911.This, too, is provocative,but does not provide the tying togetherof the varioustopics thatwould have been satisfying. Jewish ContinuityinAmericacontainsa greatdeal of thought-provokingmaterial. Karpwrites well and has done extensive researchon specific topics, many of which deal in one way or anotherwith Rochester,New York,where he lived and worked for much of his life. He and his publisherhave made a serious attemptto take essays that have no organic connection to one anotherand blend them into a coherent,cohesive volume. Despite the fact that this book cannot be regardedas comprehensive,it neverthelessprovides a detailed look at selected aspects of the history of Judaismin nineteenth-and early twentieth-centuryAmerican Judaism. The volume is engaging and will serve as a valuable source of informationfor researchersand as an entertainingread for a general audience. Dana Evan Kaplan University of Wisconsin-Milwaukee Milwaukee,Wisconsin

Harvey WarrenMeirovich.A Vindicationof Judaism: The Polemics of the Hertz Pentateuch.Forewordby IsmarSchorsch.New York:JewishTheological Seminary of America, 1998, xvi, 304 pp. Anyone who was personally privileged to meet the late J. H. Hertz, as was this reviewerfrom time to time in his student days, could not fail to be conscious of being in the presence of greatness. Short in naturalheight, he was a man of impressive stature.A commandingpersonality,he was easily the most outstanding individualever to occupy the exalted position of chief rabbiof the British Empire (1913-46). He was courageous, energetic, eloquent, and determined,and he left an indelible impressionon English-speakingJewry.He bequeathedenduring,living monumentsin the form of his Book of Jewish Thought(1917), his Commentary on the Torahand Haftorahs (1929-36), and his Commentaryon the Prayer Book (1942-45), apartfrom numerousessays and addresses.As the Torahwrites of Moses, "his hands were steady until the setting of the sun" (Exod. 17:12). Dr. Meirovich's study concentrateson the Commentaryto the Pentateuch, or, more specifically, on its general style, arrangement,organization, and constituentelements, and on the factors that weighed upon Hertz in editing it. 399

Review: [untitled] Author(s): Nahum M. Sarna Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 399-401 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131725 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews The final sectionof the book discusseshow the tripartitedivisionof the American Jewishreligiouscommunitydeveloped.Tracingthe ideologicaland institutional differencesback to Europe,Karpexplainshow the conferencesof the antebellum period determinedthe religious structureof AmericanJewry.He focuses in on the ClevelandConferenceof 1855. But this generalchapteris followed by a long essay on the ConservativeMovement.While the essay is very good, why are thereno parallel chapters on Orthodoxy and Reform? The postscript deals with Solomon Schindler,the radicalReformrabbiof TempleIsraelin Boston,who left Judaismonly to returnand apologize for the "mistakesI have made"in a guest sermondelivered to his formercongregationin March1911.This, too, is provocative,but does not provide the tying togetherof the varioustopics thatwould have been satisfying. Jewish ContinuityinAmericacontainsa greatdeal of thought-provokingmaterial. Karpwrites well and has done extensive researchon specific topics, many of which deal in one way or anotherwith Rochester,New York,where he lived and worked for much of his life. He and his publisherhave made a serious attemptto take essays that have no organic connection to one anotherand blend them into a coherent,cohesive volume. Despite the fact that this book cannot be regardedas comprehensive,it neverthelessprovides a detailed look at selected aspects of the history of Judaismin nineteenth-and early twentieth-centuryAmerican Judaism. The volume is engaging and will serve as a valuable source of informationfor researchersand as an entertainingread for a general audience. Dana Evan Kaplan University of Wisconsin-Milwaukee Milwaukee,Wisconsin

Harvey WarrenMeirovich.A Vindicationof Judaism: The Polemics of the Hertz Pentateuch.Forewordby IsmarSchorsch.New York:JewishTheological Seminary of America, 1998, xvi, 304 pp. Anyone who was personally privileged to meet the late J. H. Hertz, as was this reviewerfrom time to time in his student days, could not fail to be conscious of being in the presence of greatness. Short in naturalheight, he was a man of impressive stature.A commandingpersonality,he was easily the most outstanding individualever to occupy the exalted position of chief rabbiof the British Empire (1913-46). He was courageous, energetic, eloquent, and determined,and he left an indelible impressionon English-speakingJewry.He bequeathedenduring,living monumentsin the form of his Book of Jewish Thought(1917), his Commentary on the Torahand Haftorahs (1929-36), and his Commentaryon the Prayer Book (1942-45), apartfrom numerousessays and addresses.As the Torahwrites of Moses, "his hands were steady until the setting of the sun" (Exod. 17:12). Dr. Meirovich's study concentrateson the Commentaryto the Pentateuch, or, more specifically, on its general style, arrangement,organization, and constituentelements, and on the factors that weighed upon Hertz in editing it. 399

AJS Review The first chapter, entitled "Intellectual Roots, Theological Objectives," details the influences that swayed the young Hertz as a student at the Jewish Theological Seminary in New York, particularly those of Sabato Morais and Alexander Kohut. Although Hertz graduated in 1894, whereas Solomon Schechter did not take over JTS until 1904, it is clear that the writings of Schechter, too, exerted an influence upon him. On becoming British chief rabbi, Hertz found himself confrontedwith contemporaryChristiananti-Jewishbiblical scholarship, which was strongly swayed by Julius Wellhausen'sreconstruction of Israelite history and religion. Schechter had called it the "Higher anti-Semitism,"and had urged the productionof a distinctly Jewish commentary on the Bible. Hertz also faced the activities of Claude Goldsmith Montefiore, the outspoken and prolific scholarly leader of so-called Liberal Judaismin England. The second chapter of this book, entitled "Inspirationand Perspiration,"evaluates the impact that all the foregoing had on Hertz'splan and formulationof his commentary on the Pentateuch,and on his trials and tribulationsin the initial effort to execute it. The thirdchapter,"Biblical Criticism,"discusses in greaterdetail the Christian scholarly onslaught on the Mosaic authorshipof the Torah,and the comparative study of the religion of Israelwith that of the pagan ancient Semites. Following is a chapter on "Hebraismand Hellenism" in which Meirovich shows how Hertz harshlydenigratedthe latter'smoralityand emphasizedthe consequent baneful influence of Hellenism upon Christianityand the Christianworld of the West. ChapterFive, "Aspects of a Jewish Theology,"constitutes a reconstruction of Hertz's main points and a critical review of his tendencies to explain away the shortcomings and character-blemishesof biblical heroes and to smooth over the clear instances of cruelty and barbarismoccasionally found in the biblical narratives. In the final chapter, "Achievement and Impact," Meirovich reports on Hertz'slamentingthe initial poor response to his volume on Genesis, the sluggish sales, and the lack of support from Conservativeand Orthodox rabbis.This pathetic reception evaporatedwith the appearanceof the one-volume edition of the entirePentateuch.A drasticloweringof its price boosted sales in the postwaryears, but Hertz was then no longer alive. A summaryof critical reviews follows. Censorious comments took note of Hertz's use of the King James English translation of the Bible instead of the 1917 Jewish Publication Society version. This, however, was an unfair criticism, because Hertz had made strenuous efforts, unsuccessfully, to utilize the latter. More to the point was the condemnation of the chief rabbi's affinity for glossing over problematic verses, his simplistic rationalizations, his selective use of non-Jewish sources, and particularly his tendency to cite the supportive testimony of non-Jews. His obvious bias against Christianity and Hellenism also drew the attention of some critical reviewers. Meirovich may be congratulatedfor producinga painstaking,thoroughlyresearched,and impressivestudy,exceptionallywell written.The notes to each chapter are invaluableand reveal a wealth of learning and scholarly eruditionmeticu400

Book Reviews lously documented.Anyone who is interestedin the course of modern Jewish intellectualhistory,and especially in the state of pre-World WarI Anglo-Jewry,will find this book indispensable. Nahum M. Sarna Brandeis University Waltham,Massachusetts

PamelaNadell. WomenWhoWouldBe Rabbis:A History of Women's Ordination, 1889-1985. Boston: Beacon Press, 1998. xiii, 300 pp. PamelaNadell begins her history of "womenwho would have, if they could rabbis"(p. x) with an acknowledgment"thatuncovering women's become have, a political enterprise"(p. 13). Surprisedto discover so many preremains history decessors to today'sfemale rabbis,Nadell enthusiasticallytracesthe repetitiveand discouraginghistory of argumentsand efforts by diverse women to enter the rabbinate. Reclaiming these forgottenefforts now that women in the United States receive ordinationin the Reform, Reconstructionist,and Conservativemovements contextualizesa struggle for social change. Nadell shows how the desire, energy, and commitment to open Jewish religious leadership to women did not emerge suddenly with the radicalism of the 1960s and the second wave of feminism in America. Rather,it began a century ago as modernity upset established gender roles and reconfigured the place of religion in Jewish life. As the rabbinatelost some of its authoritywith the widespreadadoptionof congregationalismby American Jews, rabbis'tasks shifted from interpretinglaw towardpastoralduties. The ability to speak effectively in public, to preach,and to lead congregationsin prayer acquiredgreatersalience, encouraginga few women to imagine themselves acting as rabbis. A host of reforms in synagogue services that equalized the positions of men and women accompanied these clerical innovations. Reformers eliminated the mehisah and introducedmixed seating in family pews, they added choirs of men and women to beautify worship, and they created the confirmation ceremony to acknowledge equally the educational accomplishments of girls and boys. Women's responses hastened the transformationsin Jewish religious activity. Women eagerly accepted positions as teachers in Sunday schools, rapidly feminizing Jewish education. With men working on Saturdays,women often filled seats in synagogues left vacantby absenthusbands.The struggle for women's suffrage kept issues of equality andjustice in the consciousness of liberal Jews. Given this milieu, the question of women's ordinationarose as a naturaland logical next step. Despite its logic, women's efforts to become rabbisrepeatedlyencountered stiff resistance and a fearful reluctanceto overturnthe status quo. Nadell chronicles the attemptsby aspiringwomen to acquirethe educationnecessary for the rab401

Review: [untitled] Author(s): Deborah Dash Moore Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 401-402 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131726 . Accessed: 17/07/2011 14:10 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews lously documented.Anyone who is interestedin the course of modern Jewish intellectualhistory,and especially in the state of pre-World WarI Anglo-Jewry,will find this book indispensable. Nahum M. Sarna Brandeis University Waltham,Massachusetts

PamelaNadell. WomenWhoWouldBe Rabbis:A History of Women's Ordination, 1889-1985. Boston: Beacon Press, 1998. xiii, 300 pp. PamelaNadell begins her history of "womenwho would have, if they could rabbis"(p. x) with an acknowledgment"thatuncovering women's become have, a political enterprise"(p. 13). Surprisedto discover so many preremains history decessors to today'sfemale rabbis,Nadell enthusiasticallytracesthe repetitiveand discouraginghistory of argumentsand efforts by diverse women to enter the rabbinate. Reclaiming these forgottenefforts now that women in the United States receive ordinationin the Reform, Reconstructionist,and Conservativemovements contextualizesa struggle for social change. Nadell shows how the desire, energy, and commitment to open Jewish religious leadership to women did not emerge suddenly with the radicalism of the 1960s and the second wave of feminism in America. Rather,it began a century ago as modernity upset established gender roles and reconfigured the place of religion in Jewish life. As the rabbinatelost some of its authoritywith the widespreadadoptionof congregationalismby American Jews, rabbis'tasks shifted from interpretinglaw towardpastoralduties. The ability to speak effectively in public, to preach,and to lead congregationsin prayer acquiredgreatersalience, encouraginga few women to imagine themselves acting as rabbis. A host of reforms in synagogue services that equalized the positions of men and women accompanied these clerical innovations. Reformers eliminated the mehisah and introducedmixed seating in family pews, they added choirs of men and women to beautify worship, and they created the confirmation ceremony to acknowledge equally the educational accomplishments of girls and boys. Women's responses hastened the transformationsin Jewish religious activity. Women eagerly accepted positions as teachers in Sunday schools, rapidly feminizing Jewish education. With men working on Saturdays,women often filled seats in synagogues left vacantby absenthusbands.The struggle for women's suffrage kept issues of equality andjustice in the consciousness of liberal Jews. Given this milieu, the question of women's ordinationarose as a naturaland logical next step. Despite its logic, women's efforts to become rabbisrepeatedlyencountered stiff resistance and a fearful reluctanceto overturnthe status quo. Nadell chronicles the attemptsby aspiringwomen to acquirethe educationnecessary for the rab401

AJS Review binate. Most came from distinguishedbackgroundsand sought to emulatefathers who were rabbisand scholars. In each decade, a few succeeded in studyingat Hebrew Union College or the JewishTheological Seminaryor the Jewish Instituteof Religion with the supportof invdividualrabbis and a few fellow students.Some, like Martha Neumark, Henrietta Szold, and Irma Lindheim, are relatvely well known because they crafted impressive careers for themselves. Others, like Dora Askowith, Helen Levinthal,andAvis Shulman,struggledwithoutrecognition.But when it came time for liberals like StephenWise or KaufmannKohlerto act decisively in supportof women's aspirations,these leadersdeferredto their conservative colleagues. No woman's accomplishmentor eruditionled to acceptance as a rabbi in the United States priorto WorldWar II, althoughRegina Jonasreceived a rabbinicdiploma in Germanyin 1935. Nadell devotes attention to the ideological debates-the same arguments for and against women rabbis reappearin almost every decade-but she situates her discussion within a thoroughsociopolitical analysis.The almost numbingrepetition of the argumentssuggests that the explanation for the rabbinicalopposition to women rabbis lies elsewhere. Nadell finds her answerin a version of"the time was not ripe."Individualwomen alone, no matterhow extraordinary,could not force radical change. A larger cohort was required. Higher education for women had to become widespread. Marriedwomen's presence in the professions had to be accepted. Women's religious leadership among Protestantshad to increase, setting a precedent for Reform Jews and making the idea of women clergy more commonplace. Finally, the second wave of feminism sweeping through the United States in the 1960s dramaticallychanged the atmosphere.The doors opened first for women in the Reform movement, then for Reconstructionists, and,after much struggle, for ConservativeJews. Nadell expects Orthodoxwomen to follow their Jewish sisters. A paradoxstands at the heartof this history:the women seeking to enterthe rabbinatedesiredto upholdJudaism,yet they were attackedfor attemptingto overthrow it. In response, women turned to Jewish traditionfor evidence to support theirefforts to extend women'sleadership.Theireventualsuccess shows how "they used the past to create a revolution"(p. 220). Nadell's sympathies lie with her heroines. In writing their history,she seeks solid ground that will let future women understandthe scope of the struggle required "to create their own revolutions"(p. 220). Yet her tale has its cautionaryelements. Although a readercannot help but finish the book with admirationfor its protagonists and their efforts to become rabbis,Nadell's history suggests that, ultimately, Jewish women's accomplishmentsdependedmore on the sociopolitical configuration of the historical moment than on their own agency. It is a sobering conclusion. DeborahDash Moore VassarCollege Poughkeepsie,New York

402

Review: [untitled] Author(s): Jeanne Henry Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 403-404 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131727 . Accessed: 17/07/2011 14:11 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

Book Reviews Bonnie J. Morris. Lubavitcher Womenin America. Identity and Activism in the Postwar Era. Albany: State University of New YorkPress, 1998. x, 186 pp. Four years ago, when I first read Bonnie Morris' Lubavitcher Womenin America, the book was in manuscriptform and I was directing a women's studies programat a regional universityin Kentucky.As a Jewish feminist educator,I was asked by SUNY Press to review the book and make a recommendationaboutpublication. The ultra-Orthodoxrepresenta closed community: difficult to observe from the outside and rarelyreportedon from the inside, and I was fascinated by Morris' study of Lubavitcherwomen's postwar contributionsto the spiritual life and growth of their Hasidic community.Along with another reviewer, I recommended publication,and the book came out in late 1998. Just undertwo years later, I again read LubavitcherWomenin America for the purpose of writing this review. What has changed is not my high regardfor this skilled examination of the impact of American feminism on the lives and roles of women within this particular Hasidic community.Rather,it is my proximity to ultra-Orthodoxy. I now find myself living in Brooklyn, New York.On my daily commute to the university at which I teach, I pass through the Brooklyn neighborhood of CrownHeights, groundzero for Morris'research.While living in Kentucky,it was easy for me to regardthe ultra-Orthodoxas an abstraction:they were simply the keepers of their form of the faith. While I had always been simultaneously intriguedand nonplussedby their way of life, I never had to give them any spaceliterallyor figuratively-in my daily life. Now things arevery different.As I watch a young marriedwoman cross EasternParkwaypushing a double baby strollerfully loaded with twins and groceries, and holding onto the hand of an older child who leads two littler ones, I question who is best served by ultra-OrthodoxJudaism'sunderstandingof women's roles. As anAmericanfeminist,I cannotquite accept thatLubavitcherwomen benefit within what I will alwaysperceive as a matrixof male privilege and hegemony. However,while Morris'book once merely informed me of the details of postwar life and activism for Hasidic women, it now serves to remind me that these women I see on a daily basis are seeking fulfillment, as they understandit, through an ultra-Orthodoxdesign for living, and that this is a form of liberation.Morris is carefulto place her accountof these women's experiences in a post-Holocaust context. In the aftermathof annihilation,it makes more sense that the Jewish women most touched by the destructionwould see rebuildingthe Jewish people (through motherhoodand supportof traditionalJudaism)as a sacred and honored opportunity. Specifically, Morris'researchdocuments the unexpected interplayof feminism and what she calls "counter-feminism"on the lives of these ultra-Orthodox women. While sex roles, ritual, and religious thinking among Lubavitchersremained unaltered,the issues raised by the women's movement were paralleled in the Lubavitchercommunityby the increasedrole women began to play as activists and educators.In terms of both Jewish and feminist study and scholarship,this is an interesting,ironic, and unexpectedoutcome of American feminism. In a sense, feminism raised the question of female fulfillment, thus providing Lubavitcher 403

AJS Review women with an opportunityto answer it by saying that what women are "supposed" to do Jewishly is what will make them happy. While feminism, by Morris'account, has made no dent in what I considerto be the wholesale privileging of male spirituality,needs, and desires in ultra-Orthodox Judaism,it may have made a welcome improvementin the lives of ba 'alot teshuvah (new adherentsto Hasidism).These women, once on the marginsof Hasidic life until sufficiently enculturatedto marry,are now encouraged,as Morris documents it, to use the "emptiness"of their secular accomplishmentsas a recruiting tool for reachingthe heartsand minds of still-secularJewish women who have doubts aboutthe meaningfulnessof their lives. This is not anti-feministbacklash, this is counter-feministwhiplash. Ba 'alot teshuvahnow serve as smart,articulate, informed, and effective recruitersfor the late Rebbe'svision and version of Jewish life. What feminist irony! That Morris' study examines, from a feminist perspective, a populationof women who feel they have no commerce with feminism may strikesome as inappropriate.CertainlyresearcherSusan Faludihas been criticized for studyingmen througha similar lens (Stiffed:TheBetrayal ofAmerican Men, 1999). To my way of thinking, however, Morris' work invites furtheruse of contemporaryfeminist theory as an interpretivetool. I appreciatethe respect with which she treatedthis complicated community,and the respect her work inspires. JeanneHenry HofstraUniversity Hempstead,New York

404

‫מפתיחות להסתגרות׃ מניצי התמורה ביחסה של האליטה התוךנית המזרח תיכונית לצרכי‬ ‫<המודרנה‬PDF> Author(s): ‫<ירוז הראל‬PDF> Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), pp. 405-462 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131728 . Accessed: 17/07/2011 14:11 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

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Corrigenda Source: AJS Review, Vol. 26, No. 2 (Nov., 2002), p. 463 Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131729 . Accessed: 17/07/2011 14:11 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

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CORRIGENDA

InAJS Review 25:1 the following dedicationand acknowledgmentswere accidentally deleted from the article by Yosef Salmon. The dedication should have appearedin the upper left hand corner of the first page; the acknowledgmentsbefore the first numbered footnote. We regret these deletions. In addition,we regretthe numerousinstances in which the Hebrew letters failed to materialize properly.The author is in no way responsible for any of these errors,and we sincerely apologize to him for them.

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Back Matter Source: AJS Review, Vol. 26, No. 2 (Nov., 2002) Published by: Cambridge University Press on behalf of the Association for Jewish Studies Stable URL: http://www.jstor.org/stable/4131730 . Accessed: 17/07/2011 14:11 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=cup. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Cambridge University Press and Association for Jewish Studies are collaborating with JSTOR to digitize, preserve and extend access to AJS Review.

http://www.jstor.org

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