Monday, May 13, 2013

How the rabbis overturned the Torah: on rebelliousness and religion


Here are my thoughts on this week's Torah portion, published by Masorti Judaism in Reflections.

Parshat Naso contains one of the Torah’s more disturbing passages – the laws relating to an ishah sotah or ‘wayward woman’ (5:11-31).  A man becomes jealous of his wife and suspects her of adultery; there is no evidence against her and she may or may not be guilty.  He brings her to the Tabernacle and presents a meal offering on her behalf.  The priest rips the woman’s clothing, dishevels her hair and makes her swear an oath, declaring that if she has indeed defiled herself, the subsequent ceremony will cause her thigh to fall away and her belly to swell and she will become a curse among her people.  The priest now takes a jug of water into which dirt from the Tabernacle floor has been mixed, blots the inky words of the curse - written on a scroll - into the water, and makes the woman drink it.  If she is guilty, the predetermined results ensue. 

The Mishnah modifies this procedure in several important ways.  Before a woman can be subjected to the ordeal, she must have been warned by her husband against secluding herself with a named individual.  Both the warning and the seclusion itself must be attested to by witnesses.  If such evidence exists, the woman is brought to the high court in Jerusalem where the judges implore her to confess her sins.  If she does so at any point before the curse is blotted into the water, her guilt is assumed and her husband may divorce her, but she avoids the ordeal.  And even if a truly adulterous woman goes through with the ceremony, the effects of the bitter water will be delayed by up to three years by any other good deeds she may have done. 

The contrast between the biblical and rabbinic accounts is striking.  As in other cases (laws relating to the death penalty, the execution of rebellious children, punishments of an eye for an eye) the rabbis, it seems, could not stomach some of the Torah’s more barbarous prescriptions.  Thus, while notionally respecting the sanctity and integrity of the text, they introduced so many procedural safeguards that in effect they reversed the Torah’s intention.  It’s reasonably clear that to the rabbis, the bitter water had no physical effect.  Rabbi Shimon hints at this in the Mishnah, arguing that if merit is understood to delay the punishment, guilty women will cease to fear the water and the reputation of innocent women, ostensibly cleared by the ceremony, may be called into question.  None of this would be the case if the bitter water worked, even occasionally.  Rather than a true trial by ordeal, the rabbis have rewritten the ceremony so as to protect women from arbitrary accusations and as a judicial – not magical - disincentive to adultery.

But this kind of revolutionary reinterpretation goes back further than the Mishnah – right into the text of the Torah itself.  Academic Bible scholars have noted that the ritual of the sotah bears the marks of an earlier, pagan ceremony, which served as the vehicle for a new, monotheistic religious message.  The text itself appears to be fragmented: read chapter 5 verses 24-26 and decide whether the woman drank the water before the priest offered the sacrifice or vice versa.  This kind of repetition and inconsistency indicates to some scholars an evolution and editing together of older traditions into a new text.  Where once the bitter water was considered to have magical powers of its own, the Torah makes clear that its function is symbolic - any harm inflicted comes from God.  And while the procedure reflects patriarchal, sexist assumptions, it’s possible to read the biblical text as an attempt to alleviate some of the worst misogynistic excesses, providing a public, judicial alternative to the private and arbitrary punishment of wives by jealous husbands.

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