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The Megillah and the Get

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The ancient story of Purim holds a surprising mirror to modern Jewish legal challenges, particularly the ongoing crisis of women denied religious divorce. Just as King Ahasueros found himself bound by an immutable sealed decree, today's rabbinical authorities struggle with seemingly inflexible religious laws that can trap women in defunct marriages. Through comparative analysis of the Megillah narrative and contemporary get cases, striking parallels emerge in how Jewish law (halakhah) navigates the tension between legal permanence and necessary change. Drawing on Sir Henry Maine's framework of legal evolution—legislation, equity, and legal fiction—the analysis reveals how Talmudic sages successfully adapted biblical law while maintaining its integrity. Yet modern Jewish legal authorities have largely abandoned these time-tested adaptive mechanisms, leading to systemic stagnation. Conservative Judaism lacks the courage to implement needed reforms, Reform Judaism has discarded legal discipline, and Orthodox Judaism remains excessively rigid. These findings suggest that halakhah should serve as a guide rather than governor of contemporary Jewish life, calling for renewed rabbinical consensus-building and legislative courage to maintain both relevance and traditional continuity.

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    Published 1972

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  • Publication Credits

    Stanley Rabinowitz