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Women in the System of Mishnah

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Women occupy a remarkable position in the Mishnah as one of just six fundamental divisions that defined reality for ancient Jewish sages. Through systematic analysis of the seven tractates comprising the division of Women—Yebamot, Ketubot, Nedarim, Nazir, Sotah, Gittin, and Qiddushin—a striking pattern emerges: the Mishnaic system primarily addresses moments when women transition between male domains through marriage, divorce, and death. Using textual and comparative anthropological analysis, the research reveals how five of these seven tractates focus exclusively on the transfer of women and associated property between men, positioning women as anomalous elements within normative male society. The division of Women emerges as a regulatory mechanism for managing perceived disorder at transition points, invoking both earthly and heavenly authority to maintain sanctification. This systematic legal approach to controlling potentially disruptive social circumstances reflects the broader Mishnaic worldview of creating ordered reality through regulation. Understanding this treatment of women provides crucial hermeneutical insight into the entire Mishnaic system of sanctification, demonstrating how potentially disruptive elements are brought into controlled stasis through systematic legal discourse. These findings significantly advance our understanding of ancient Jewish social structures and illuminate how legal systems functioned to maintain social order.

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    Published 1980

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    Jacob Neusner