In This Land: Jewish Life and Legal Culture in Late Medieval Provence by Pinchas Roth (review)

Rachel Furst
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In his recently published monograph, Pinchas Roth breaks new ground by highlighting this society’s engagement with and contributions to rabbinic scholarship, a field that has received far less attention than its economic foundations or more secular academic pursuits. Yet the real achievement [End Page 454] of this carefully crafted volume is methodological. Capitalizing on the author’s remarkable command of rabbinic literature from across medieval Europe, it pushes the boundaries of how halakhic sources can and should be read by historians, setting new standards in the study of both Jewish history and legal history at large. The book’s title, In This Land, echoes a rabbinic moniker for the region that stretched along the Mediterranean coast of southern France from Narbonne to Marseille. Through a close reading of rabbinic texts, Roth demonstrates that the Jews who lived in this area had a clear sense of group identity that defied the region’s political incoherence, an identity that expressed itself in the distinctiveness of their religious traditions, as well as in linguistic and cultural terms. Waves of English and especially French Jewish émigrés who arrived in Provence following expulsions at the turn of the fourteenth century challenged many of these local norms, believing their own to be superior. Yet rabbinic discourse reveals that Provençal Jews held their ground, resulting in what Roth dubs a “precocious multiculturalism” (26) that foreshadowed events precipitated by the mass eastward emigration of Jews from Spain and Portugal two centuries later. The book’s introduction familiarizes the reader with responsa, the genre of rabbinic writing that serves as the primary source material for this study. Here the author spells out the challenges of working with these often-arcane records of legal correspondence. At the same time, he argues for their potential to expose aspects of the internal lives and everyday realities of medieval Jews that other types of sources render opaque. This approach moves beyond classic halakhic history, which has concentrated either on rabbinic biographies or on the economic, social, and religious forces that impacted halakhic decision-making in different eras. Chapter 1 introduces the concept that Roth, inspired by legal anthropologists, terms “halakhic culture”—that is, the social norms, practices, values, and dynamics that informed Jewish law and were shaped by it, in turn. This chapter lays the groundwork for a central claim of the book as a whole: that far from affecting only the male, intellectual elite that authored all of its written texts, halakhic discourse during this period engaged a broad spectrum of ordinary Jews. Arguing that legal concepts formed the basic vocabulary of Jewish daily life, Roth maintains that Halakhah lent expression to the affairs and concerns of “women, non-rabbinic intellectuals, merchants, and agricultural workers” (32) irrespective of their fealty to its specific strictures and requirements. He sets out to prove that assertion in five successive chapters, which proceed chronologically from the second half of the thirteenth century through the years following the onset of the plague in Provence a century later. Each chapter showcases a rabbinic scholar from the region, whose approach and oeuvre represent a distinct facet of the local legal environment. Thus, chapter 2 focuses on Mordekhai Kimḥi, scion of a prominent scholarly family who served on rabbinic courts before and after the turn of the fourteenth century. 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Abstract

Reviewed by: In This Land: Jewish Life and Legal Culture in Late Medieval Provence by Pinchas Roth Rachel Furst Pinchas Roth. In This Land: Jewish Life and Legal Culture in Late Medieval Provence. Toronto: PIMS, 2021. 168 pp. The Jews of medieval Provence, positioned between the venerable settlements of Ashkenaz to the north and Sepharad to the south, have long drawn the attention of historians, thanks, in part, to the region’s rich municipal archives. Noted for their participation in local commerce and crafts and celebrated for their achievements in philosophy, linguistics, and the natural sciences, Provençal Jews have been hailed as purveyors of an idiosyncratic hybrid culture that bound together communities from three distinct political realms. In his recently published monograph, Pinchas Roth breaks new ground by highlighting this society’s engagement with and contributions to rabbinic scholarship, a field that has received far less attention than its economic foundations or more secular academic pursuits. Yet the real achievement [End Page 454] of this carefully crafted volume is methodological. Capitalizing on the author’s remarkable command of rabbinic literature from across medieval Europe, it pushes the boundaries of how halakhic sources can and should be read by historians, setting new standards in the study of both Jewish history and legal history at large. The book’s title, In This Land, echoes a rabbinic moniker for the region that stretched along the Mediterranean coast of southern France from Narbonne to Marseille. Through a close reading of rabbinic texts, Roth demonstrates that the Jews who lived in this area had a clear sense of group identity that defied the region’s political incoherence, an identity that expressed itself in the distinctiveness of their religious traditions, as well as in linguistic and cultural terms. Waves of English and especially French Jewish émigrés who arrived in Provence following expulsions at the turn of the fourteenth century challenged many of these local norms, believing their own to be superior. Yet rabbinic discourse reveals that Provençal Jews held their ground, resulting in what Roth dubs a “precocious multiculturalism” (26) that foreshadowed events precipitated by the mass eastward emigration of Jews from Spain and Portugal two centuries later. The book’s introduction familiarizes the reader with responsa, the genre of rabbinic writing that serves as the primary source material for this study. Here the author spells out the challenges of working with these often-arcane records of legal correspondence. At the same time, he argues for their potential to expose aspects of the internal lives and everyday realities of medieval Jews that other types of sources render opaque. This approach moves beyond classic halakhic history, which has concentrated either on rabbinic biographies or on the economic, social, and religious forces that impacted halakhic decision-making in different eras. Chapter 1 introduces the concept that Roth, inspired by legal anthropologists, terms “halakhic culture”—that is, the social norms, practices, values, and dynamics that informed Jewish law and were shaped by it, in turn. This chapter lays the groundwork for a central claim of the book as a whole: that far from affecting only the male, intellectual elite that authored all of its written texts, halakhic discourse during this period engaged a broad spectrum of ordinary Jews. Arguing that legal concepts formed the basic vocabulary of Jewish daily life, Roth maintains that Halakhah lent expression to the affairs and concerns of “women, non-rabbinic intellectuals, merchants, and agricultural workers” (32) irrespective of their fealty to its specific strictures and requirements. He sets out to prove that assertion in five successive chapters, which proceed chronologically from the second half of the thirteenth century through the years following the onset of the plague in Provence a century later. Each chapter showcases a rabbinic scholar from the region, whose approach and oeuvre represent a distinct facet of the local legal environment. Thus, chapter 2 focuses on Mordekhai Kimḥi, scion of a prominent scholarly family who served on rabbinic courts before and after the turn of the fourteenth century. During this era, which witnessed the integration of Roman law in southern France, Provençal Jews turned increasingly to local notaries and judges for civil matters, essentially relegating the...
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《在这片土地上:中世纪晚期普罗旺斯的犹太人生活与法律文化》作者:平查斯·罗斯
书评:《在这片土地上:中世纪晚期普罗旺斯的犹太人生活和法律文化》,作者:平查斯·罗斯在这片土地上:中世纪晚期普罗旺斯的犹太人生活和法律文化。多伦多:PIMS, 2021年。中世纪普罗旺斯的犹太人,位于北部古老的阿什肯纳兹定居点和南部的西法拉德定居点之间,长期以来一直吸引着历史学家的注意,部分原因是该地区丰富的市政档案。普罗旺斯地区的犹太人以参与当地商业和手工艺而闻名,并因其在哲学、语言学和自然科学方面的成就而闻名,他们被誉为一种特殊混合文化的提供者,这种文化将来自三个不同政治领域的社区联系在一起。在他最近出版的专著中,平查斯·罗斯(Pinchas Roth)开辟了新的领域,强调了这个社会对拉比学术的参与和贡献,拉比学术远不如其经济基础或更世俗的学术追求受到关注。然而,这本精心编写的书的真正成就在于方法论。利用作者对中世纪欧洲各地拉比文献的卓越掌握,这本书突破了历史学家可以和应该如何阅读哈拉基文献的界限,为犹太历史和法律史的研究树立了新的标准。书名《在这片土地上》(In This Land)呼应了拉比语对法国南部地中海沿岸从纳博讷(Narbonne)一直延伸到马赛(Marseille)地区的称呼。通过对拉比文本的仔细阅读,罗斯证明了生活在这个地区的犹太人有一种明确的群体认同感,这种认同感蔑视该地区的政治不一致性,这种认同感通过他们宗教传统的独特性,以及语言和文化的方式表达出来。一波又一波的英国人,尤其是法国犹太人在14世纪初被驱逐后来到普罗旺斯,他们挑战了许多当地的规范,认为自己的规范更优越。然而,拉比的论述表明,普罗旺斯地区的犹太人坚持了自己的立场,导致了罗斯所谓的“早熟的多元文化主义”(26),这预示了两个世纪后犹太人从西班牙和葡萄牙大规模向东移民所引发的事件。这本书的介绍熟悉读者的回应,拉比写作的流派,作为主要来源材料的这项研究。在这里,作者详细说明了处理这些通常晦涩难懂的法律通信记录所面临的挑战。与此同时,他认为它们有可能揭示中世纪犹太人的内部生活和日常现实,而其他类型的资料都不透明。这种方法超越了经典的哈拉基历史,后者要么集中在拉比传记上,要么集中在不同时代影响哈拉基决策的经济、社会和宗教力量上。第一章介绍了罗斯在法律人类学家的启发下称之为“哈拉基文化”的概念——即社会规范、实践、价值观和动态,这些社会规范、实践、价值观和动态依次影响了犹太法律,并受其影响。这一章为整本书的核心主张奠定了基础:在这一时期,哈拉基话语不仅影响了撰写所有书面文本的男性知识精英,还涉及了广泛的普通犹太人。罗斯认为,法律概念构成了犹太人日常生活的基本词汇,他认为哈拉卡(Halakhah)表达了“妇女、非拉比知识分子、商人和农业工人”的事务和关切(32),而不考虑他们对其具体规定和要求的忠诚。他打算用连续的五章来证明这一论断,这些章节按时间顺序从十三世纪下半叶开始,一直到一个世纪后普罗旺斯瘟疫爆发后的几年。每一章都展示了来自该地区的拉比学者,他们的方法和作品代表了当地法律环境的一个独特方面。因此,第二章关注的是Mordekhai Kimḥi,他是一个杰出的学者家庭的后裔,在十四世纪前后在拉比法庭任职。在这一时期,见证了罗马法在法国南部的融合,普罗旺斯的犹太人越来越多地求助于当地的公证人和法官处理民事事务,从本质上说…
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