[Babylonian Talmud] holds like R. Eliezer that it is entirely forbidden for women to study Torah and not like Ben-Azzai, it omitted the menstruants from that law and included only the men'' (Waldenberg). It is virtually certain that Waldenberg is justified in his claim, if for no other reason than that the Babylonian version of the text is incoherent and self-contradictory: those who have had intercourse have also had a seminal emission, so the text ends up saying at the same time that they are permitted and forbidden to study Torah. 15 The emendation of the baraita , which the Babylonian Talmud undertakes even at the cost of introducing a self-contradiction within it, is an index of how much concern the notion of women (menstruants!) studying Torah caused for the producers of the Talmud.
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As we shall see below, it is this very text, the Tosefta, which also cites a woman as an authority in religious law. Menstruants can study Torah in Palestine. Thus we have once more evidence that in Palestine the notion that women might study Torah was not by any means unacceptable. Indeed, the very casualness with which the Tosefta reveals that women study Torah and with which the Palestinian Talmud cites such study (inadvertentlythat is, by the way, as it were) constitutes an index of the acceptability of that notion there. It is a principle learned from my teacher, the late Saul Lieberman, doyen of critical talmudic studies in our century, that the presuppositions of a talmudic statement are a more reliable index to social reality than the manifest content of its statements. In this case, the Tosefta and Palestinian Talmud, by telling us that menstruants and parturients may study Torah, presuppose that women study and provide striking evidence for the plausibility of at least occasional study of Torah for women in that time and place. In the Babylonian Talmud, on the other hand, any voice dissenting from the stricture on the study of Torah for women was simply interpreted (in this case, edited) out of existence. Having proposed this context, we can begin to read the legend of Beruria, the female Torah-sage, as part of a significant cultural practice and historical development.
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| | If we do entertain the notion that Athenian citizen-wives had at least certain kinds of informal power, we must also be clear that it was
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| | 15. Compare Lieberman, Tosefta Ki-fshuta , ad loc.
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