Language:
Hebrew
Year of publication:
2021
Titel der Quelle:
ליבי במזרח
Angaben zur Quelle:
ג (תשפא) 211-271
Keywords:
Inheritance and succession (Jewish law)
;
Judaism Customs and practices
;
Jewish women
;
Taḳanot (Jewish law)
Abstract:
Starting in the 12th century, Jewish scholars across the globe dealt withissues surrounding women inheritance. Multiple regulations wereenacted in order to mitigate the discrimination felt by women’ssurviving parents and family.In the article we survey the subject of women inheritance in Talmudicliterature, Rabeinu Tam’s regulations in France, the SHUM (Speyer,Worms, and Manz) Enactments in Europe, and other enactments andregulations in Christian Spain. We focused on Moroccan-Jewishregulations from the end of 15th century to the middle of the 20thcentury. Given space constraints, we did not discuss the novelties andintricacies of each and every regulation and did not compare andcontrast the regulatory developments in the Eastern-Sephardic diaspora.Following extensive research, we concluded that women standing, as itpertains to inheritance rights, was significantly better in JewishMoroccan communities than in the rest of the Jewish world. While awidower right to his wife’s estate was reduced to less than half, awidow was entitled to half of her husband’s estate, a right that was alsotransferred to her inheritors including those from her father’shousehold.Additionally, we uncovered the influence of Rabeinu Tam’s regulationon the regulation set forth by Moroccan-Jewish scholars, as it reflects inRabbi Eliyahu Hatzarfati’s regulation. There are significant similaritiesbetween Rabeinu Tam’s and Rabbi Eliyahu Hatzarfati’s regulations, asboth were initially rejected by most Jewish scholars but eventuallybecame halachic cornerstones.It also became clear that following the expulsion of Jews from Spain,there were no continues and open discussions regarding womeninheritance in the Jewish world outside Moroccan-Jewish community.We observed multiple stages of unique and unprecedented developmentand creative interpretation, including readily enacting new regulationsas time progressed, and the consideration of public opinion throughreferendums regarding the existing practices.
Note:
With an English summary.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
