Carnal Isræl: Reading Sex in Talmudic Culture (24 page)

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Authors: Daniel Boyarin

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BOOK: Carnal Isræl: Reading Sex in Talmudic Culture
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under a legal-contractual obligation to sleep with his wife regularly for her pleasure and benefit. This obligation was derived by the Rabbis from the verse of the Torah that, speaking of the taking of a second wife, says that he must not "reduce the flesh, covering, or seasons" (Exod. 21:10) of the first wife. This philologically puzzling list was variously interpreted in the midrash, but the hegemonic opinion is that "flesh" means food, "covering" refers to clothing, and "seasons'' refers to regularity of sexual intercourse.
16
This obligation was also made contractual in the standard rabbinically approved marriage contract, which reads, ''I will feed you, clothe you, and have intercourse with you, in accordance with the customs of Jewish husbands." In this context, the Mishna discusses the exact definition of "regularity," i.e., what constitutes fulfillment of the husband's sexual debt to his wife.
The Mishna reads:
If one takes a vow not to sleep with his wife; Bet Shammai say two weeks, and Bet Hillel one week.
17
The students may go away from their homes for study of Torah without permission for thirty days and laborers for one week. The "season" [required frequency of intercourse] which is mentioned in the Torah: for the
tayyalin,
18
it is every day; for laborers twice a week; for donkey drivers, once a week; for camel drivers once in thirty days; for sailors once in six months; these are the words of Rabbi Eliezer
.
The talmudic commentary on this Mishna is revealing in the manner in which it vacillates and contradicts itself. Thus, close reading of the text will provide us with symptomatic evidence of the unresolvability of the cultural problem of tension between marriage and Torah-study within the Babylonian rabbinic system.
The Talmud discusses the exceptional "permission" afforded by the Mishna for a student to be away from his wife for thirty days without the agreement of the wife:
16. The linguistic basis for this identification is complex. The root
'ny,
from which
'onah
(the word that I have translated as "season") is derived, is often used in sexual contexts to mean "have intercourse with." In that sense, it is unrelated linguistically to the word that means "seasons." I think, however, that the Rabbis have conjoined the two senses into one and thence derived the complex meaning of "regular intercourse."
17. I.e., these are the maximum times he is permitted to vow not to sleep with her. If he takes a vow for longer, he must divorce her and pay her the divorce settlement.
18. This is a difficult term that means something like idlers; it may mean those who spend all of their time in study.
 
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The students may go away from their homes for study of Torah without permission for thirty days and laborers for one week:
With permission, how much? As much as he wants. But what is the correct behavior? Rav said, one month here [studying] and one month at home, for it says, "In the matter of the labor brigades, one goes and one comes month by month for the months of the year" [1 Chron. 27:1]. Rabbi Yohanan says, one month here and two at home, for it says, "One month they will be in Lebanon and two months at home" [1 Kings 5:28].
The issue here is that although a wife is sovereign to permit her husband to spend as much time away from her as they mutually agree upon, it is recognized that an unequal power relationship exists between them. The husband will very likely be able to prevail upon her to "permit" him to go away for longer periods of time, and then, in the words of Rashi, he will be "sinning" against his wife.
19
The Talmud establishes, therefore, if not a strictly legalistic proscription, a strong moral one on being away from home for longer than thirty days. Two of the most dominant of talmudic authorities are cited to that effect, the only difference between them involving how much time the husband will spend at home once he returns. According to the Babylonian Rav, the married man would spend one-half of his time studying Torah, but according to the Palestinian, Rabbi Yohanan, he would spend two-thirds of his time with his wife.
The continuation of the talmudic text on the next page switches gears in a startling contradiction of the previous section:
[The students may go away from their homes for study of Torah without permission for thirty days . . .]; these are the words of Rabbi Eliezer:
Rav Bruna said that Rav said: The halakha is in accordance with the view of Rabbi Eliezer. Rav Ada the son of Ahva said that Rav said: Those are [only] the words of Rabbi Eliezer, but the sages hold that the students may go away for the study of Torah for two or three years without permission. Rava said that our Rabbis have relied upon Rav Ada the son of Ahva and indeed practice in accordance with his view.
We find here a relatively late Babylonian tradition, which, in contrast to all earlier authorities, reverses the ruling of Rabbi Eliezer that the married scholar may not absent himself for more than thirty days from his wife and permits absences of several years.
20
This reversal demonstrates power-
19. To be sure, this is not the only possible interpretation of this passage, but it is, interestingly enough, the interpretation of Rashi and the Tosafists, the canonical commentators on the Talmud.
20. "Two or three" is a conventional Semitic expression for "several."
 
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