was no longer corporate, but monogamous. Among the Romans and Greco-Roman Jews , the pilegesh became a mistress of doubtful legal status, and in Roman law had no legal status. Nevertheless, concubinage became an accepted institution during this period, and was carried over into the Christian era; concubines were, frequently found among the ruling and upper classes well as among Christian priests. This was the form of concubinage known to the Talmud and the medieval Jewish literature, and it was read back into the Biblical period.
In the Talmud , according to R. Judah, quoting Rav the difference between a wife and a concubine was that the latter had neither kiddushin nor ketubah(San. 21a Maimonides , Yad, Melakhim 4.4, and commentaries to this section) However, according to the Palestinian Talmud a concubine had kiddushin, but no ketubah (Yerushalmi Ket. 5.2: 29b) The former, not the latter, definition was generally followed by most of the authorities(Caro to Yad, Melakhim 4.4; de Boton to Yad, Melakhim; Radbaz Responsa , vol. IV,#225, V1. VII,#33; Adret, Responsa vol;. TV,#314). However, Rashi , Ribash, Maggid Mishnah, and others followed the latter. The two definitions may refer to two levels of concubinage, as will be discussed later, or they may reflect errors in the original Talmudic text(G. Ellinson, Nisu-in Shelo Kedat Mosheh VeYisra-el, pp. 40ff) The sources clearly indicated that we are dealing with an individual of intermediate status who did not have all the rights of a married wife, but on the other hand was not to be considered as a prostitute either.
Maimonides protested vigorously against concubinage, and sought to eliminate it by claiming that it was a right limited to royalty and not permitted to ordinary Jews (Yad, Melakhim 4.4) The woman was, therefore, to be considered a prostitute(zona), and both she and the male involved could be whipped(Yad, Ishut 1.4). Jacob b. Asher
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