Texts in Conversation
The Damascus Document forbids men to marry the daughter of a brother or sister, reasoning that laws written for men also apply to women. Rabbinic tradition in tractate Yevamot follows a distinct tradition, allowing a man to marry his sister's daughter.
Share:
2500 BCE
1000+ CE
4Q266 1:4
Damascus Document
Dead Sea Scrolls
Moreover, they profane the Temple because they do not observe the distinction (between clean and unclean) in accordance with the Law, but lie with a woman who sees her bloody discharge. And each man marries the daughter of his brother or sister, whereas Moses said, You shall not approach your mother’s sister; she is your mothers near kin. But although the laws against incest are written for men, they also apply to women. When, therefore, a brother’s daughter uncovers the nakedness of her father’s brother, she is (also his) near kin.
Date: 100 B.C.E. - 80 B.C.E. (based on scholarly estimates)
Yevamot 62b
Babylonian Talmud
Rabbinic
§ The Sages taught: One who loves his wife as he loves himself, and who honors her more than himself, and who instructs his sons and daughters in an upright path, and who marries them off near the time when they reach maturity, about him the verse states: And you shall know that your tent is in peace. As a result of his actions, there will be peace in his home, as it will be devoid of quarrel and sin. One who loves his neighbors, and who draws his relatives close, and who marries the daughter of his sister, a woman he knows and is fond of as a family relative and not only as a wife,
Date: 450-550 C.E. (based on scholarly estimates)
Search:
Notes and References
“... At Qumran, the practice of uncles marrying nieces is understood to be implicitly condemned by Leviticus 18:13, even though the biblical text does not explicitly state this. Unlike other examples so far, we have a citation formula (“Moses said . . . ”) followed by a verbatim quote of the law in question. And also, for once, we have an explicit methodology. This takes the form of reasoning by analogy. The Qumran author here recognizes gender equality [...] Why does the Damascus Document go out of its way to provide us with such an explicit citation and interpretation? Bernstein notes that explicit textual support is often used in respect of laws that are the subject of dispute between the Qumran community and its opponents. In other words, the more contentious the issue, the more important it is to show that God is on your side. Flavius Josephus tells us that there were a number of uncle-niece marriages during this period (e.g., Jewish Antiquities 12:186–189), particularly in the royal court (e.g., Jewish Antiquities 17:19). There are good reasons for thinking that uncle-niece marriages reflect Second Temple practice, especially among the Pharisees. Permission for uncle-niece marriages is also found in rabbinic texts (Tractate Yevamot 62b–63a). Some scholars go so far as to say that the incest laws are one of the few examples where we see “direct criticism of the halakhic practices of the Pharisees.” Adopting a simple sense reading merely highlights the folly of the opposition. ...”
Burnside, Jonathan P.
God, Justice, and Society: Aspects of Law and Legality in the Bible
(p. 401) Oxford University Press, 2011
* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.
Your Feedback:
Leave a Comment
Anonymous comments are welcome. All comments are subject to moderation.