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Chattel or Person? The Status of Women in the Mishnah

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ISBN-10: 0195080033

ISBN-13: 9780195080032

Edition: 1988 (Reprint)

Authors: Judith Romney Wegner

List price: $88.00
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The Mishnah is a book of legal rules produced by Jewish sages in second-century Palestine and is to a great extent still binding upon Orthodox Jews. In this pioneering work, Judith Wegner scrutinizes the mishnaic laws governing women, in an attempt to determine the image and status of women in the patriarchy the Mishnah portrays. She focuses on a specific question: did the Mishnah's creators regard women as persons, entities possessing legal rights, powers, and duties, or mere chattels, the property of some person or other? Considering a wide range of issues including women's ability to give legal testimony and enter into religious vows, the penalties for rape and seduction and the rules…    
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Book details

List price: $88.00
Copyright year: 1988
Publisher: Oxford University Press, Incorporated
Publication date: 12/17/1992
Binding: Paperback
Pages: 288
Size: 6.10" wide x 9.25" long x 0.87" tall
Weight: 0.990
Language: English

Introduction
The Mishnah as a Sociolegal Document
Why Chattel or Person?
Methodology
Chattel or Person?
Definition of Personhood
The Legacy of Scripture
Scripture's Taxonomy of Women
Mishnah's Taxonomy of Women
Ambiguity of Status: Effect on Woman's Rights
Exclusion of Women from the Public Domain
Chattel or Person? Sexuality as the Key
The Minor Daughter
The Minor Daughter as Chattel
Virginity and Bride-Price
Seduction and Rape: Criminal Penalties
Seduction and Rape: Civil Damages
Ambiguity of Status: Effect on the Minor Daughter
Minor Daughter's Lack of Basic Rights
The Minor Daughter as Person
The Pubescent Girl as Potential Woman
The Girlchild as Potential Adult
Summary
The Wife
The Wife as Chattel
Marriage: Acquisition of a Wife
Divorce: Disposition of a Wife
The "Straying Wife" as the Husband's Sexual Property
Wife's Vows Inimical to Conjugal Relations
Ambiguity of Status: Effect on the Wife
Punishment of the Wife Who Remarries in Error
The Wife as Person
The Wife's Rights in Customary Law
The Wife's Right to Maintenance
The Wife's Matrimonial Duties
Reciprocity of Conjugal Rights and Duties
Spouses' Rights and Duties with Respect to Divorce
The Wife as Owner of Property
The "Straying Wife" Revisited
The Nazirite Vow and the Personhood of the Wife
Summary
The Levirate Widow
The Scriptural Law of the Levirate
The Levirate Widow as Chattel
Mishnaic Expansion of the Levirate Law
Control of a Levirate Widow's Property
Annulment of a Levirate Widow's Vows
Incapacity of a Levirate Widow to Initiate Release
Ambiguity of Status: Effect on the Levirate Widow
The Levirate Widow as Person
The Levirate Widow's Part in the Rite of Release
The Levirate Widow as Property Owner
The Levirate Widow's Right to Reject a Repulsive Levir
Summary
The Autonomous Woman
The Emancipated Daughter
Equivalence of Autonomous Woman to Autonomous Man
Woman's Power to Arrange Her Own Marriage
Woman's Power to Engage in Litigation
Woman as Legal Witness
Testimony of a Sole Witness to a Husband's Death
Woman's Eligibility to Take an Oath
Vows of an Emancipated Woman
The Divorcee
The Wife's Active Powers in the Law of Divorce
The Wife's Passive Rights in the Law of Divorce
Release of a Woman Morally Entitled to Divorce
The Total Autonomy of the Divorcee
The Widow
The Widow's Rights Against Heirs of a Deceased Husband
The Widow's Compellability to Swear an Oath
The Vows of a Widow or Divorcee
Summary
Woman and the Public Domain
The Intrinsic Superiority of the Male
Women's Subordinate Status and Exclusion from the Cult
Confinement of Women to the Domestic Sphere
Women's Incapacity to Fulfill Others' Religious Obligations
Women's Sexuality and Public Decorum
Women's Sexual Morality: The Sages' View
Woman as Cultic Contaminant: The Menstrual Taboo
Public Man, Private Woman: Sexuality as the Key
The Anomaly of Woman in the Mishnah
Dependency, Autonomy, and Sexuality
Woman as Chattel
Woman as Person
The Autonomous Woman
Private and Public Domain
Woman as Anomaly
The Substance of Sanctity
The Mishnaic Woman and Feminist Theory
Jewish Feminism
Is the Right Question Sociological?
Is the Right Question Theological?
Feminist Theory and the Mishnaic Woman
De Beauvoir and the Concept of the Other
Appendixes
Further Illustrations of Chattel Status of Minor Daughter
Exceptions to the Rule Compensating a Father for the Violation of His Daughter
Further Examples of Forfeiture of Marriage Portion by Women Exempted from the Ordeal
Husband's Right to Revoke His Wife's Nazirite Vow as Inimical to Conjugal Relations
Effect of Sexual Acquisition of a Woman on Her Caste Privileges
Further Illustrations of the Effect of Ambiguity on the Personhood of the Wife
Husband Who Renounces Right to Control Disposition of His Wife's Property
Law of Usucaption as Inapplicable to Property of Spouses
Standard of Proof in Cases Involving Wife as Sex Object and as Property Owner
Curtailment of Levirate Law to Increase Pool of Women Eligible for Marriage
Divorcee's Right to Freedom from Unreasonable Conditions
Abbreviations
Notes
Bibliography
Index