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Sexual issues in Jewish law : essays and responsa / edited by Walter Jacob with Moshe Zemer
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Controlling Passions- Mixed Results 113

LATER JEWISH LAW

Although Maimonides dealt with the sotah and its ritual as with everything else connected with the Temple and other matters that could no longer be practiced, he dutifully presented all the details of the ritual, but did not comment on the underlying problem that it raised(Yad Hil. Sotah). He was concerned about the shame and gossip which accompanied the family both with this and also in questions about virginity. He discussed this at length(Yad, Hil. Na­arah 2 and 3). The remaining codifiers omitted any discussion of the ritual of the Sotah as not applicable to life in the Diaspora because the Temple had been destroyed. Neither Maimonides nor the later codifiers dealt with the primary issue of the young bride accused of lack of virginity as that had already been disposed of by the Mishnah and Talmud . In the earlier matter of the young brides virginity and the seduction or rape of an engaged young woman, ways had been found to nullify the law

All this is obvious and clear, but they also did not attempt any other way of dealing with the problem of jealousy adultery yes, but the gray area in which there is no clear proof, no.

CONCLUSION

In each of these instances we have biblical experiments in controlling passions and an attempt to go beyond the hortatory into daily life. In each instance the Mishnah and the later two Talmuds moved the matter through the courts and applied the standards expected there along with some others. They did not nullify the biblical laws, as that was not possible for them. Instead, they modified the laws to meet their standards. With the matter of virginity, that Succeeded in nullification, as the restrictions made the accusation Virtually impossible.

With all the objections quietly raised or loudly proclaimed to