The Centre for Jewish Studies
University of Manchester
Extra-Mural Lectures 1998-99
For the full list of lectures, click here
Dec 7: Bernard Jackson, On the History of Women's
Rights in Jewish Law
Abstract:
This lecture reviews the history of women's rights in Jewish law, from
the biblical period to the modern day, with particular reference to marriage,
divorce and succession. Jewish law has come a long way in this area, sometimes
as a result of external influences. In the Bible (where polygamy was acceptable),
the wife was purchased, could be unilaterally divorced, and was excluded
from inheritance if there were any male heirs in the same degree of relationship.
Later, polygamy was banned (for Ashkenazim) and the woman's consent came
to be required, to both marriage and (later) divorce; there are also indications,
from the Cairo Geniza and Gaonic sources, that there was a period when the
wife was able unilaterally to divorce the husband. This right later disappeared,
and the problem of the agunah still lacks a conceptual solution. Equally,
inequality in intestate succession remains, despite a valiant effort by
Chief Rabbi Herzog to remedy the situation in the early days of the State
of Israel. Rav Herzog recognised that the question was important not only
on its own intrinsic merits, but also as a test of the ability of the halakhic
authorities to make such modifications to Jewish law as would make it acceptable
for application in a modern state. Recent attempts to find a solution to
the problem of the agunah will also be reviewed in this context.
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Professor Bernard Jackson is Co-Director of the Centre for Jewish Studies,
University of Manchester, and specialises in the history of Jewish law.
The Centre for Jewish Studies
The Department of Religions and Theology
University of Manchester
Oxford Road
Manchester M13 9PL
United Kingdom
Tel +44 (0)161 275 3614; Fax +44 (0)161 275 3613
e-mail: Bernard.Jackson@man.ac.uk