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AJS Review 1985: Spring, No. 1 by Robert Chazan

By Robert Chazan

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D. Marriagesbetween citizens and noncitizensproduce childrenwhose status, in theory at least, is determinedmatrilineally;but both legal systemstried to equalizethe consequencesfor male and female citizens who strayed from the fold. A Roman matron impregnatedby a noncitizen or a slave bears a noncitizenor slave, not a citizen; a Jewish woman impregnatedby a gentile or a slave bears a mamzer,a citizen of impairedstatus. Even the languageof M. Kiddushin3:12 echoes Roman legal terminology. 8 is a briefsummaryof the Romanlaw of status,and its phraseologyis closely paralleledby M.

78. , R. Yaron, "Jewish Law and Other Legal Systems of Antiquity," Journal of Semitic Studies 4 (1959): 308-331; Zeev Falk, "Zum fremden Einfluss auf das juidische Recht," Revue internationale des droits de I'antiquite',3d series 18 (1971): 11-23; and Bernard Jackson, "On the Problem of the Roman Influence on the Halakah," in Jewish and Christian Self-Definition, vol. 2, Aspects of Judaism in the GrecoRoman Period, ed. E. P. Sanders et al. (Philadelphia: Fortress Press, 1981), pp. 157-203 (with extensive bibliography).

Cf. David Daube, Ancient Jewish Law (Leiden: Brill, 1981), pp. 25-26. 31. 36 ? 193 (referring to Lev. 24:10). Israelite father and gentile (or slave) mother: On the Virtues40 ? 224, and cf. 24 ? 27 ? 147 (referring to the mixed multitude, the offspring of Egyptian women and Hebrew men). In some Greek cities the offspring of a citizen mother and a noncitizen father was a nothos (see Demosthenes, 23 [Against Aristocrates] ? " This usage is well attested. Samuel Belkin argues that Philo knew the rabbinic matrilineal principle, but the merits of his argument need not be considered (and they are few) because he mistakenly believes that Philo restricts the term nothos to the offspring of Israelite fathers and gentile mothers.

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