Highlights the emergence of self-knowledge in rabbinic literature, showing how Babylonian rabbis relied on knowledge accessible only to the individual to determine the law.

This book examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffmann Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information. She examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law.

How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.

Intention in Talmudic Law: Between Thought and Deed offers a comprehensive history of intention in rabbinic classical law, tracing developments in legal thought, and demonstrating how intention became a nuanced, differentially applied concept across a wide array of legal realms.

Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.

This book traces the hardening of Christian attitudes to Jews, Judiasm and their history during the second half of the Middle Ages.

The Talmud's Red Fence explores how rituals and beliefs concerning menstruation in the Babylonian Talmud and neighboring Sasanian religious texts were animated by difference and differentiation. It argues that the practice and development of menstrual rituals in Babylonian Judaism was a product of the religious terrain of the Sasanian Empire, where groups like Syriac Christians, Mandaeans, Zoroastrians, and Jews defined themselves in part based on how they approached menstrual impurity. It demonstrates that menstruation was highly charged in Babylonian Judaism and Sasanian Zoroastrian, where menstrual discharge was conceived of as highly productive female seed yet at the same time as stemming from either primordial sin (Eve eating from the tree) or evil (Ahrimen's kiss). It argues that competition between rabbis and Zoroastrians concerning menstrual purity put pressure on the Talmudic system, for instance in the unusual development of an expert diagnostic system of discharges. It shows how Babylonian rabbis seriously considered removing women from the home during the menstrual period, as Mandaeans and Zoroastrians did, yet in the end deemed this possibility too "heretical." Finally, it examines three cases of Babylonian Jewish women initiating menstrual practices that carved out autonomous female space. One of these, the extension of menstrual impurity beyond the biblically mandated seven days, is paralleled in both Zoroastrian Middle Persian and Mandaic texts. Ultimately, Talmudic menstrual purity is shown to be driven by difference in its binary structure of pure and impure; in gendered terms; on a social axis between Jews and Sasanian non-Jewish communities; and textually in the way the Palestinian and Babylonian Talmuds took shape in late antiquity.