The Case of the Woman with Two Husbands in Talmudic and Ancient Near Eastern Law

Abstract

The origin of the comparative study of Talmudic law lies in the Talmud itself, where we find instances in which the Sages formulated theirhalakhotin comparative terms, or took cognizance of non-Jewish legal positions. There are two aspects to comparative legal studies in modern Talmudic research: first, that of pinpointing the influence of one system upon another; and second, that of obtaining a clearer and deeper understanding of each system by emphasizing the common and the unique elements in each. The first aspect is very much a matter of chance, and even when it is applicable, the results often constitute details which are not capable of being formulated in general terms. The second aspect—that of mutual clarification—is, however, generally applicable, and may be employed with profit in numerous instances.

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