New PDF release: Structure and Form in the Babylonian Talmud

By Louis Jacobs

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He cannot have intercourse with either of the women since she may be his wife's sister. Rava argues that such a betrothal, which is bound to frustrate the very purpose of marriage, is not a valid betrothal at all so that each of the two sisters can marry another without having first to obtain a divorce from the man who sought to betroth one of them in this way. Abbaye disagrees with Rava. According to Abbaye, the betrothal is valid in the sense that neither of the two sisters can marry another without first obtaining a divorce.

The question of who actually recorded the inspired words in writing was quite secondary, of neither greater nor lesser interest than other historical questions with no implications for the practical life of religion. To turn to the passage itself, this consists of two parts. The core of the passage is a baraita, a Tannaitic source compiled not later than the end of the second century CE. The other part consists of the comments on the baraita by the anonymous editors of the Talmud. 7 From the Middle Ages, it should be noted, perceptive students of the Talmud have recognised — this is axiomatic for modern scholars — that the framework material provided by the anonymous editors is not necessarily an accurate exposition of the Tannaitic material, so that scholars who lump together both sets of material, divided by several centuries, the one in Palestine, the other in Babylon, are way off the mark.

The discussion proceeds by the typical casuistic method. There follows (27b—28a) the story of the deposition of Rabban Gamaliel II, hardly of any practical consequence for the Jews of Babylon in the Amoraic period. The final comments on this mishnah (28a—b) revert to the practical details of prayer. The second mishnah records only the prayer of R. Nehuniah b. Hakanah and the comment on it (28b) is similarly aggadic and purely theoretical, except for the form of prayer when entering and leaving the House of Study and this is, in fact, a quote from a baraita.

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