By Judith Romney Wegner
Exploring where of ladies within the socioeconomic approach formulated within the Mishnah, a e-book of criminal principles with a religious foundation compiled by way of Jewish sages in second-century Palestine, this learn unearths a primary ambiguity within the function of ladies. either the valuables and the friends of fellows, in a few conditions ladies have been thought of to own no powers, rights, or tasks in legislations, and in others have been judged morally, virtually, and intellectually healthy to possess estate, behavior company, interact in proceedings, and deal with their very own own affairs. Wegner spells out intimately those diversifications in prestige, analyzes them, and isolates the criteria that account for differential therapy of alternative sessions of girls within the deepest area and for differential therapy of fellows and ladies within the public area of mishnaic tradition, concerning her findings to contemporary advancements in feminist analyses of the prestige of girls in patriarchy.
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Extra resources for Chattel or Person?: The Status of Women in the Mishnah
2:3, discussed later). " The casual choice of this illustration (in a context unrelated to M. Ket 3:8) offers psychological insight into their attitude toward the minor girl. Perhaps they equate her with the slave woman because her father could, in fact, sell her as a slave, if he chose. Scripture's lack of any law permitting a man to sell his minor son reinforces Mishnah's view of the lesser personhood of the female. Seduction and Rape: Civil Damages Besides the biblical fine (a quasi-criminal penalty), the violation of a virgin incurs civil damages in tort.
And even the unmarried daughter emancipated at twelve and onehalf will find her life options severely limited outside the domestic sphere. 73 An adult daughter will probably be forced for socioeconomic reasons to choose marriage and thus surrender her freedom. The young Israelite male, by contrast, moves automatically from dependence to full legal autonomy as soon as he turns thirteen. Unlike his sister he passes through no transitional status of na'ar, for no such category exists in mishnaic law.
E. The seducer pays [compensation under] three heads, and the rapist [under] four. The seducer pays [damages for] disgrace, and disfigurement, and the fixed penalty; the rapist pays more than [the seducer], for he pays [also] for [the victim's] pain and suffering. What is [the difference] between the rapist and the seducer? , even though he must marry the girl, he must pay the penalty, equivalent to bride-price, beforehand (Deut. , if he marries her, he pays the bride-price only when he dies or divorces her in the normal way; and if 26 CHATTEL OR PERSON?
Chattel or Person?: The Status of Women in the Mishnah by Judith Romney Wegner