Adolescent marriage was the norm for the Jewish girls of medieval France. The frequency of death of these brides was high, which led R. Tam to decree that in the event of death during the first year of marriage all dowries shall be refunded. This edict contradicted Talmudic law that awarded the husband rights to his wife’s estate. Factors that led to the decree include personal tragedy, Palestinian custom, Roman law, and norms of royalty and feudal society. The edict of R. Tam was accepted in France and the Rhine Valley communities. However, East German communities rejected the decree by means of clever literary devices, including the invention of the author’s retraction. The conflict surrounding the Dowry Edict opens a portal to the spiritual world of the Eastern communities during their formation.
Although he highly praises Rashi’s Torah commentary, Nahmanides emphasizes that Rashi’s work is not beyond criticism. This article points out one aspect of Nahmandes’ disagreement with Rashi. Rashi, for his part, is willing to cite traditional Midrashic commentaries without significant additions, assuming that tradition is an effective tool for transmitting reliable information. Nahmanides argued with Rashi over this claim. Rather than sufficing to repeat exegetical traditions, in his Torah commentary, Nahmanides expands them and raises alternatives. In this way, he asserts the importance of analyzing all information critically. This article demonstrates how reservations regarding tradition stand behind several exegetical and halakhic disputes between Rashi and Nahmanides. Through analyzing this principle, the study demonstrates how Nahmanides, under the guise of a guardian of tradition, constructed an original, creative spiritual world in the areas of exegesis, halakha, and kabbalah.
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