Showing posts with label women's rights. Show all posts
Showing posts with label women's rights. Show all posts

Wednesday, July 8, 2020

Rome's EDICT OF CARACALLA in Year 212 CE and How It Affected Jews

Nadene Goldfoot                               
                                                                             

 The first record of Jews in Rome is in 161 b.c.e., when Jason b. Eleazar and Eupolemus b. Johanan are said to have gone there as envoys from Judah Maccabee. The Roman Jews are said to have been conspicuous in the mourning for Julius Caesar in 44 b.c.e. on the death of Herod in 4 b.c.e. 8,000 native Roman Jews are reported to have escorted the Jewish delegates from Judea who came to request the senate to abolish the Herodian monarchy. Two synagogues were seemingly founded by "freedmen" who had been slaves of Augustus (d. 14 c.e.) and Agrippa (d. 12 b.c.e.) respectively and bore their names. 

In the year 212 in Rome, The Constitutio Antoniniana (Latin for: "Constitution [or Edict] of Antoninus") (also called the Edict of Caracalla or the Antonine Constitution) was an edict issued in 212 CE, by the Roman 
Emperor Caracalla declaring that all free men in the Roman Empire were to be given full Roman citizenship and that all free women ...in the Empire were to be given the same rights as Roman women.  This included the Jews to a certain degree.  This was 1,808 years ago when Jews might have a lot of rights.  Then the world backslid and Jews were not an emancipated people until Emperor Napoleon came along.                                             
Emperor Caracalla (4 April 188-8 April 217)
AKA Antonius, born as Lucius Septimius Bassianus of the Severan Dynasty.
This is the period of the Christian Byzantium

The trick was to be able to be declared a free person in order to have citizenship which gave more rights.  People were either citizens or free people or slaves.  
                                                             
Emperor Herod's Days Before Caracalla was Emperor 


The main reason Caracalla passed the law was to increase the number of people available to tax. In the words of Cassius Dio: "This was the reason why he made all the people in his empire Roman citizens; nominally he was honoring them, but his real purpose was to increase his revenues by this means, inasmuch as aliens did not have to pay most of these taxes." However, few of those that gained citizenship were wealthy, and while it is true that Rome was in a difficult financial situation, it is thought that this could not have been the sole purpose of the edict. Cassius Dio generally saw Caracalla as a bad, contemptible emperorCassius was born in 163,  as Lucius Cassius Dio or Dio Cassius who was a Roman statesman and historian of Greek and Roman origin. He published 80 volumes of history on ancient Rome, beginning with the arrival of Aeneas in Italy.  
                                                       
Citizens of the Roman Empire
Roman citizenship was acquired by birth if both parents were Roman citizens (cives), although one of them, usually the mother, might be a peregrinus (“alien”) with connubium (the right to contract a Roman marriage). Otherwise, citizenship could be granted by the people, later by generals and emperors.

Another goal may have been to increase the number of men able to serve in the legions, as only full citizens could serve as legionaries in the Roman Army. In scholarly interpretations that agree with a model of moral degeneration as the reason for the fall of the Roman Empire, most famously the model followed by British historian Edward Gibbon, the edict came at the cost to the auxiliaries, which primarily consisted of non-citizen men.

Evidently there were Jews who were free men, traders and such.  Being Jewish anyway they came under certain restrictions.  They were affected as polygamy was ended for them this way.  They were excluded from the army.  They could not serve in public office from the 5th century onward because they were Jews.  They  couldn't offer evidence against any Christian  in the courts of law.  Roman minorities were also under their laws and were restricted people.  


Additionally, before the edict, one of the main ways to acquire Roman citizenship was to enlist in the Roman Army, the completion of service in which would give the citizenship to the discharged soldier. The edict may have made enlistment in the army less attractive to most, and perhaps the recruiting difficulties of the Roman army by the end of the 3rd century were related to this.
In the analyses of more recent scholars, the Constitutio Antoniniana marks a major milestone in the provincialisation of Roman law, meaning that the gap between private law in the provinces and private law in Italy narrowed. This is because, in granting citizenship to all men in the provinces, much private law had to be re-written to conform with the law that applied to Roman citizens in Rome. To these scholars, it therefore also marks the beginning of a process by which imperial constitutions became the primary source of Roman law.


  • A male Roman citizen enjoyed a wide range of privileges and protections defined in detail by the Roman state. A citizen could, under certain exceptional circumstances, be deprived of his citizenship.
  • Roman women had a limited form of citizenship. They were not allowed to vote or stand for civil or public office. The rich might participate in public life by funding building projects or sponsoring religious ceremonies and other events. Women had the right to own property, to engage in business, and to obtain a divorce, but their legal rights varied over time. Marriages were an important form of political alliance during the Republic.
  • Client state citizens and allies (socii) of Rome could receive a limited form of Roman citizenship such as the Latin Right. Such citizens could not vote or be elected in Roman elections.
  • Freedmen were former slaves who had gained their freedom. They were not automatically given citizenship and lacked some privileges such as running for executive magistracies. The children of freedmen and women were born as free citizens; for example, the father of the poet Horace was a freedman.
  • Slaves were considered property and lacked legal personhood. Over time, they acquired a few protections under Roman law. Some slaves were freed by manumission for services rendered, or through a testamentary provision when their master died. Once free, they faced few barriers, beyond normal social snobbery, to participating in Roman society. The principle that a person could become a citizen by law rather than birth was enshrined in Roman mythology; when Romulus defeated the Sabines in battle, he promised the war captives that were in Rome they could become citizens.
The ancient sources portray Caracalla as a tyrant and as a cruel leader, an image that has survived into modernity. Dio Cassius (c. 155 – c. 235) and Herodian (c. 170 – c. 240) present Caracalla as a soldier first and an emperor second. Modern works continue to portray Caracalla as an evil ruler, painting him as one of the most tyrannical of all Roman emperors.
This Edict of Caracalla  granted Jews legal equality to all other citizens, and formed the foundation of their legal status in Byzantium following the founding of Constantinople in 330. Indeed, Jews enjoyed the right to practice their faith under the rule of the Byzantines, as long as they paid the Fiscus Judaicus. 
For example, circumcision, which was considered mutilation and therefore punishable by death if performed on a non-Jewish child, and by exile if performed on a non-Jewish adult, was legally permitted within Jewish religious practices. Byzantine law recognized synagogues as places of worship, which could not be arbitrarily molested, Jewish courts had the force of law in civil cases, and Jews could not be forced to violate Shabbat and their festivals.
                                                     
Roman (Byzantine) Empire 271 CE

In addition to the matter of holding public office, Jews were also unequal to Christians with respect to the ownership of slaves. Restrictions on the ownership of Christian slaves by Jews were in place through the reign of many emperors, under the fear that Jews would use conversion of slaves as a means to increase their number. Additionally, this was designed to provide an incentive for non-Christian slaves to convert into Christianity, and an economic restriction on the Jews. Restrictions on slave-owning could not, however, be excessively burdensome, because slaves, although numerous, were between 10-15% of the population. Under the Theodosian Code, therefore, ownership of Christian slaves by Jews was not prohibited, although their purchase was. Thus, one who gained possession of a slave by means such as inheritance would remain his or her owner. Purchase of slaves was usually penalized by compelled sale at the original purchase price.

The third important restriction on Judaism—in addition to the limitations on public service and slave ownership—was that the Jewish religion, though allowed to survive, was not allowed to thrive. Theologically, the victory of Christianity could be successfully asserted by maintaining a small contingent of Jews within the empire, although allowing them to become too sizable a minority would threaten the theological monopoly of Orthodox Christianity within the Empire.
One important ramification of this policy was the prohibition on the construction of new synagogues within the Empire, though the repair of old synagogues was permitted. This prohibition was difficult to enforce, as archaeological evidence in Israel indicates that illegal synagogue construction continued throughout the sixth century. The synagogue did continue to be respected as an inviolable place of worship until the reign of Justinian.

Beginning at this time, most legislation regarding the Jews—even laws which expanded the rights which they were afforded—were "prefaced by unambiguous expressions of hatred and contempt for Judaism."
                                                      
Since the year 390 nearly all of the territory of present-day Israel came under Byzantine suzerainty. The area was divided into the following provinces: Palestina PrimaPalestina Secunda and Palestina Tertia. These provinces were part of the Diocese of the East Palæstina Secunda or Palaestina II was a Byzantine province from 390, until its conquest by the Muslim armies in 634–636. Palaestina Secunda, a part of the Diocese of the East, roughly comprised the GalileeYizrael ValleyBet Shean Valley and southern part of the Golan plateau, with its capital in Scythopolis (Bet Shean). The province experienced the rise of Christianity under the Byzantines, but was also a thriving center of Judaism, after the Jews had been driven out of Judea by the Romans in the 1st and 2nd centuries.
                                                          

In 70 CE Rome destroyed Jerusalem while burning down the 2nd Temple.  Jews if captured, were taken as slaves.  It didn't seem to matter that there were Jews living in Rome at the same time as Roman Citizens.  They were used in all the usual manners of Roman slaves, fighting off lions in the stadiums, etc, even as army slaves.  

Resource
https://en.wikipedia.org/wiki/Constitutio_Antoniniana#:~:text=The%20Constitutio%20Antoniniana%20(Latin%20for,and%20that%20all%20free%20women
https://en.wikipedia.org/wiki/Caracalla
Book:  Religous Roots of Contemporary European Identity by Bloomsburg.
https://en.wikipedia.org/wiki/History_of_the_Jews_in_the_Byzantine_Empire 
https://en.wikipedia.org/wiki/Roman_citizenship

Saturday, March 9, 2019

Male and Female Jewish Religous Responsibilities

Nadene Goldfoot                                       
     
We're made differently.  We have different expectations according to our sex. Not only are our bodies a bit different, but we have different hormones that are set up for different functions.  There's a reason for having 2 sexes so that we will produce children. Let's look at women first.  

Arguments have come up about our women's rights, obligations and then there's our limitations, if any today.  Women can take part in synagogue prayer, but there are obligations that only men are expected to fulfill.  We can do them, but we don't have to.  It's isn't required of us.
                                                   
Synagogue in Tunisia; probably is Mizrachi service-
Usually wherever we go we can follow the service, not matter the country's language as Hebrew will be used.  

In 70 CE our 2nd Temple was burned down in Jerusalem by the Romans and our religion was no longer in the hands of the Cohens of the Temple as Jews became either captives of the Romans or were fleeing for their lives seeking other refuge for themselves and their families.  Some were able to hide out in other places of Judah and perhaps even in Israel in the north.  Would the religion come to an end?  Facts taught to them in the Temple remained and men took responsibility to maintain the Law of Moses.  Cohens continued in their role of maintaining the religion while the Levites, those of the tribe of Cohens who were to be teachers, continued in their role as teaching about the religion while the concept of synagogues came into being.   What we do in the synagogue has its roots from the 1st and 2nd Temples of Solomon, our 3rd king of Israel.  
Saturday (Shabbat) morning and reading from Torah,
Cohens read first, then Levites, then Israelites (all other men).  
                                                        
This man is wearing his prayer shawl around his shoulders
and over his head, and is reading from the scroll that
is all in Hebrew.  Boys are bar-mitzvahed at 13 and have
received the education to do this, leading the people
in prayer.  Any man from 13 on is expected to be able to do this.
Girls are confirmed at age 12. 


Legally in Judaism, women were exempted from practically  all positive, time- bound mitzvot because the rabbis recognized their obligation to their families. Now, Christianity and Islam have both come along trying to say that Judaism is old fashioned and passe and that they have replaced us, but our religion has continued.  It has not come to a standstill, and has been able to keep up with a changing environment and situation from Temple to Synagogue, from psalms to modern music  but that we see  what is either right or wrong has really not changed at all.  Our 10 Commandments that Moses gave us are still applicable today in order to have a healthy population and a happy people whether they be communists, socialists or capitalists.   
                                                     
A woman praying as men do with Tefillin at Kotel in Israel
This is her choice, not a Jewish tradition for women
There is a woman's section and a man's section at the wall,
used to be called the Wailing Wall.

Today's women's movements of equality causing a Jewish women's desire to have equal rights-not understanding that it is an obligation for life-wanting to be as good as men.  My answer is that when men start having the children then we should worry about this equality stuff.  Then are we trading lives and becoming men?  This woman is going all out with the tefillin ,the objects  men use in prayer.  There has been a history of RASHI's daughters wearing tefillin, though it is our tradition that men use them.  There are days to wear them and days not to wear them.  There are 2 items worn;  one is a strap on the arm and the other is a box on the head used with a special blessing and each with its own special meaning. 

Women married early in life, and many still do today.  Woman had many children, and in some quarters, they still do.  Others might think that 2 are a lot.  Women used to spend most of their lives rearing small children.  It was common for married women to have children every 2 years as biologically this suited both the mother and the nursing child that did so for at least one year without baby bottles.
Small children need attending by someone,
usually the mother if possible;
today more likely a pre-school


  Women did not have time to attend the synagogue and fulfill the ritual functions that developed in it such as praying in a minyan.  A minyan is considered as a group of 10 men.  This comes from the Biblical passage in Numbers 14:27, where the term eidah which means a congregation or a community is used.  The reference is of 10 scouts who brought back to Moses the pessimistic report of their expedition into the land of Canaan.  That any number less than 10 is not regarded as a community is alluded to in the Torah in other places, too.  Certain things are not done unless there is a minyan, such as saying kaddish.  It is, according to the Orthodox Law, that only men are religiously obligated to join in public worship, and a minyan is just that, public worship in the synagogue or at another place.  Females and male children under 13 are exempt as well as non-Jews.  These people are able to join in the minyan once it is established.  
                                                     
Immigrants entering Israel with children 

So we find that women are not bound to the formal prayer service nor to the  set times designated for the 3 daily services held in the morning, afternoon and evening.  They area not required, as are the men, to join in public congregational worship.  The established principle that women are generally exempt from  these positive ritual observances that need to be done at a set time takes into consideration of a woman's primary responsibility as a wife and mother.  A mother nursing a child was not expected to drop everything in order to attend set prayer schedules.  The man is expected to arrange his schedule and his work to conform to religious requirements.  Though not all women have these same responsibilities all their lives, the law cannot distinguish between those who do and those who don't, so the leniency with regard to some observances is extended to all.  Oh, the law could have been written with rules and sub rules and clauses and such, but was written to be easily understood.  In other words, women are let off the hook in this case.  They can attend if they wish because they are older and no longer bound by household duties, and so if they choose to, they may, but it's not a rule, a law, an expectation of duty.  They're already done their duty in many ways.  We are women.  Embrace it!  
                                                      
So far, I've only seen a man blow the shofer,
something that takes a lot of practice.  

Women are required to pray, but can do so at any time convenient for them and can do so privately without attending a public service.  While it is praiseworthy of them to make every effort to attend the synagogue on Sabbaths (Friday night and Saturday morning services) and festivals, and observant Jewish women usually do so, their attendance is not a religious statutory requirement.  

In Orthodox synagogues, women and children in Israel have their own section upstairs in a balcony and can look down on the men.  That is to not detract the men with any necessary talking they may need to do or the noise of their children.  Often little boys remain with their fathers downstairs.  A man wears a prayer shawl, and in Israel it is much much larger than the American styles found in conservative synagogues.  They put it over their heads like a personal tent that helps them to meditate when praying.  It is a beautiful sight from the balconies to look down and see a sea of tents during special parts of the service.                                           
My favorite picture of an IDF friend
praying, a man wearing teffilin.

As Jews have 613 Laws that Moses wrote down for us, we also have a certain formality that has been followed since synagogues were created that is followed.  It varies from Orthodox to Conservative to Reform synagogues.  Tradition is a big thing with us Jews.  We have a long history of it.  Whatever formal prayers represent or symbolize, one thing must be borne in mind:  prayer, or tefilah, involves talking to G-d.  It doesn't mean to watch a service performed, it doesn't even mean to just sit while others pray.  It means to involve oneself in an experience where one tries to address the Almighty Himself.  
                                                          
Women serve in the IDF
Today's world has changed for women
even more than for men

"Every Jew is required to recite the Biblical passage known as the Shema (Hear O Israel) twice a day, morning and evening, in fulfillment of the precept:  ...And you shall talk of them....When you lie down and when you rise up."  So just think our ancestors, at least many of them for many generations did this, though you may not be doing it yourself today,  or your parents, or even your grandparents may not have learned to do this...But it's so nice...
     
Hear, O Israel, the Lord is our G- d, the Lord is One, Blessed be the name of his glorious Majesty forever and ever.  Love the Lord your God with all your heart, with all your soul, with all your means.  And these words which I command you today shall be upon your heart.  Teach them diligently to your children, and talk of them when you sit in your house, when you walk on the road, when you lie down and when you rise up.  bind them for a sign upon your hand and for frontlets between your eyes.  Write them upon the doorposts of your house and upon your gates."  If I took a survey, I'd probably find that only the Orthodox still fulfill this expectation.  Notice it is not sex divided.  Every Jew is mentioned.                                  
                                                       

This brings us to blessing our home with a mezuzah, which is mentioned in the Shemah.  This is usually an ornate little box filled with Hebrew writing with Deuteronomy 6: 4-9 and 11: 13-21 lettered on the front, and the word Shaddai (Almighty) lettered on the back.  Usually the container has a hole through which the word Shaddai (Shin, raish, yud) can be seen.   which is a sign, like a reminder to us, of G-d's presence, and of his commandments to us and of our duties to him-like to remember the commandments an to do them.  Like prayer, it's called service of the heart, and we have the ritual of kissing it with our hand to reflect our love and reverence for G-d.  Male and female do this.  The custom of a mezuzah goes back to the time when we were slaves in Egypt.  It is known that the Egyptians used to place a sacred document at the entrance to their houses.  The word mezuzah means "doorpost" and refers to the sentence in Deuteronomy 6: 9, 11:20. 
                                                        

Women usually light the candles on Friday night and may do so along with their daughters.  If a man lives alone he may do it himself.  We light 2 candles at least which symbolize the unity underlying all apparent duality, such as man and woman, body and soul, speech and silence creation and revelation.  Lighting the candles reminds us of the line-"And G-d blessed the 7th day:  "  What did he bless it with?  Light.  We say a blessing with this lighting and also a prayer of safety for the family, the world, etc., our own prayer for the week.
                                                      
All men in this synagogue in Israel  with women
probably upstairs.  

Because women today are freer to do more in the synagogue should not be forcing men out of their role.  10 men should not be replaced by 10 women in a minyan.  Judaism is not to be a religion taken over by women.  Men included women since day 1.  We need to let men keep their role in our religion, or do we want them to drop out completely?  Whatever job the man has in this world, from garbage-man to doctor, he is king at home and in the synagogue.  This is one place he is needed and is important and has a role to fulfill.  
                                                        

As our ancestors went through life in Europe, the women bore the children and often ran the business, freeing their husbands to study Torah.  They remembered us every Friday night with the prayer book's  special prayer for the wife, which praises her highly of all she does for the family.  We haven't been forgotten or unappreciated.  


Resource:  TO BE A JEW by Rabbi Hayim Halevy Donin
THE JEWISH CATALOG, a do-it yourself kit  by Richard Siegel Michael Strassfeld, Sharon Strassfeld.  
 https://www.youtube.com/watch?v=QRbdB3jNDzQ,