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Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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SEPARATING THE ADULT FROM ADULTERY

46. See, for example, Maurice Lamm, The Jewish Way in Love and Marriage(San Francisco , 1980), pp. 42-48.

47. Michael A. Meyer , Response to Modernity(Oxford, 1988), pp. 229, 240-41.

48. The Encyclopaedia Judaica gives testimony to the continuation of this belief when it observes that it is a practice peculiar to Reform Judaism that inmany Reform congregations, the solemn recital of the Ten Commandments is part of the confirmation ceremony which is generally celebrated on Shavuot .... Encyclopaedia Judaica (Jerusalem , 1972), Vol. 5, p. 1447. Since Shavuot is the festival of revelation, the symbolism, of course, is powerful.

49. Philipson, The Reform Movement, pp. 483-84, n. 38. See also Michael A. Meyer , Modemity, p. 257, where Meyer maintains that the Philadelphia rabbis concerns aboutextramarital relations were owed to the fact that adultery was asseemingly prevalent among some Jewish men as among non-Jews .

50. Jonathan A. Romain , Faith and Practice(London , 1991), pp. 189-91.

Si. One example is the lack of recognitioneven after Rabbeinu Gershom s takkanah outlawing polygamyof a married mans intercourse with a single woman as constituting an adulterous act. Traditionalists have attempted to justify this inequality on rational grounds, such as that expressed by Mendell Lewittes, Jewish MarriageRabbinic Law, Legend, and Custom(Northvale, 1994), pp. 15-16:

It seems to me that there is a more profound rationale for this distinction between the man and the woman, reflecting the different intensity of emotional involvements in the sexual act. No matter what feminists might say, hormones and emotions interact. For the woman, since a single act of sexual intercourse may lead to preg­nancy, it expresses a profound emotional attachment to the male partner. For her, accepting a partner other than her husband indicates a weakening of her attachment to him and portends a breakdown of the family bond. As for the man, the sexual act does not necessarily indicate a serious emotional attachment to his paramour; it may be for him a casual relationship, a fleeting submission to a carnal urge....

It is unlikely that most liberal Jews would see this reasoning as persuasive grounds to maintain the legal inequality.

Another illustration of inequity is the above-stated requirement that an adulterous wife be divorced, which was never applied to adulterous husbands.

52. The test of thebitter waters to which the sotah, the suspectederrant woman was subjected is described in great detail in Num. 5:12-31, and is the focus of extensive rabbinic deli­beration, largely in tractate Sotah. The purpose of the testin which the woman had bitter waters administered by a priest, who monitored her for specific signswas to provide adivine proof of the guilt or innocence of a woman who was thought to have committed adultery. While first im­

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