Ordeal by Oath at Nuzi

Driver, G. R.; Miles, John C.

doi:10.2307/4241667

Cited by 2 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…10 A man who struck a pregnant woman was required to compensate her husband or to make other restitution, as in all cases of personal damage. 11 The one rather striking exception to this rule is the Assyrian law requiring a woman who aborted her own foetus to be impaled, 12 but this exception may be explained on the basis of the woman's effrontery in damaging her husband's property, or in the particular interest of the Assyrian state in preventing the abortion of potential soldiers. 13 There is another view, however, which regards this exception as evidence of another legal tradition in which abortion was regarded as a capital offense.…”

Section: The Biblementioning

confidence: 99%

The Legal Basis for the Prohibition on Abortion in Jewish Law

Sinclair¹

1980

Isr. law rev.

View full text Add to dashboard Cite

One of the main issues in almost every treatment of abortion in Jewish Law is the legal basis for its prohibition. The recent trend in Rabbinic literature to categorise abortion as a form of homicide, proscribed by Biblical law, seems to constitute a break with the classical Rabbinic view, according to which abortion is neither homicide, nor directly prohibited in the major literary sources of Jewish Law, i.e. the Bible and the Talmud. Moreover, in the few instances in which abortion is discussed in these sources, it would seem that no such prohibition exists.This article will analyse the Biblical and Talmudic passages which deal with abortion, and survey the various Rabbinic opinions as to the legal basis for its prohibition. Particular attention will be paid to the argument that abortion is a biblically-proscribed form of homicide, and to the reasons which may underlie the adoption of that argument by a number of authorities in recent times. We will also analyse the significance in Jewish Law of the stages of foetal development.Our analysis will be both historical and normative, and in this context it will be a valuable exercise to compare the position in Jewish Law to that in the Canon Law of the Church of Rome. Although the Church Fathers held that abortion was a form of homicide, and the contemporary position of the Catholic Church reflects this attitude strictly and unswervingly, the Medieval Canonists adopted the distinction between the formed and the unformed foetus, based on a tradition derived from the Septuagint version of the Biblical passage dealing with the consequences of striking a pregnant woman (Ex. 21:22–23).

show abstract

Section: The Biblementioning

confidence: 99%

The Legal Basis for the Prohibition on Abortion in Jewish Law

Sinclair¹

1980

Isr. law rev.

View full text Add to dashboard Cite

show abstract

“…Among the earliest examples, we find the laws of the Hittites in the time of King Telepinus 85 that appear to have given the victim the option to waive talionic vindication by accepting the payment of money. 86 Still, it was often necessary to give way to the popular desire for retaliation, especially in cases such as murder and adultery, which were most likely to create a scandal and an unrestrainable desire for private vindication.…”

mentioning

confidence: 99%

The Genesis of Liability in Ancient Law

Parisi

2000

SSRN Journal

View full text Add to dashboard Cite

Ordeal by Oath at Nuzi

Cited by 2 publications

References 0 publications

The Legal Basis for the Prohibition on Abortion in Jewish Law

The Legal Basis for the Prohibition on Abortion in Jewish Law

The Genesis of Liability in Ancient Law

Contact Info

Product

Resources

About