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I teach a third-year course at the Ziegler School for Rabbinic Studies at the University of Judaism called “Aggadah and Halakhah.” The course explores–in both a general way and through specific midrashic and talmudic texts–the relationship between the genres of rabbinic literature that are traditionally known as aggadah and halakhah.
Aggadah often is seen as comprising stories, homilies, religious epigrams, and anything else that is not halakhah or law. I try to show how halakhah and aggadah are inextricably linked together using a model based on the works of Zionist visionary and writer Haim Nachman Bialik and legal theorist Robert Cover. Specifically, I was looking at the issue of divorce as symbolic representation of the exilic relationship between God and Israel, and how this impacted the “purely legal” discussions of divorce law.
My class studied a midrash that includes a parable picturing God and Israel as husband and wife. The midrash relates that the husband beat his wife mercilessly. The wife’s guardian then approached the husband saying: “If you do not want to remain married to this woman, then kill her.” The husband replied that he would never kill her, even if his whole estate were destroyed. The nimshal, or moral, of this parable teaches that though God might cause Israel to suffer terribly, God would never destroy her completely.
My class discussed this midrash and the problematic picture of the husband-wife relationship. For days after the class, I could not shake the midrash. I was surprised by how disturbed I felt, as I had been working with similar material for years. Working with texts like this in the past, I would state the ways a text was disturbing and then identify its political motivations. However, pointing out that these texts uncovered the rabbinic anxiety about power and their perception of women as a threat to their own power continued to leave me unsettled.
The source of my continued unease was that I was teaching these texts to students who understood them as Torah. I see these texts as Torah. Every morning I recite the blessing “who has sanctified us in the commandments and commanded us to engage with the words of Torah.” With these words in my heart, I teach in the Rabbinic School. It cannot, then, be enough to explain, analyze, and locate the texts within their political tensions and cultural negotiations.
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