Although Jews were at the centre of commercial activity in medieval Europe, a talmudic ban on any wine touched by a Gentile prevented them from engaging in the lucrative wine trade. Wine was consumed in vast quantities in the Middle Ages, and the banks of the Rhineland hosted some of the finest vineyards in northern Europe. German Jews were, until the thirteenth century, a merchant class. How could they abstain from trading in one of the region’s major commodities? In time, they ruled that it was permissible to accept wine in payment of debt, but forbade trading in it, and they maintained that ban throughout the Middle Ages. Further study in the twelfth century, however, led Talmudists to discover that Jews were only forbidden to profit from trading in Gentile wine if they dealt with idolaters, but that trade with Christians and Muslims was permitted. Nevertheless, the German community refused to take advantage of this clear licence. Using Jewish and Gentile sources, this study probes the sources of this powerful taboo. In describing the complex ways in which deeply held cultural values affect Jews’ engagement in the economy of the surrounding society, this book also illustrates the law of unintended consequences—how the ban on Gentile wine led both to a major Jewish contribution to German viticulture and to the involvement of Jews in moneylending, with all its tragic consequences. *** The second chapter is intended for those familiar with the eleventh-century halakha in Ashkenaz. The general reader can skip this chapter, reading only the concluding paragraph (on p. 63) and proceed to Chapter III.

The essay that forms the core of this book is an attempt to understand the developments that have occurred in Orthodox Jewry in America in the last seventy years, and to analyse their implications. The prime change is what is often described as ‘the swing to the right’, a marked increase in ritual stringency, a rupture in patterns of behaviour that has had major consequences not only for Jewish society but also for the nature of Jewish spirituality. For Haym Soloveitchik, the key feature at the root of this change is that, as a result of migration to the ‘New Worlds’ of England, the US, and Israel and acculturation to its new surroundings, American Jewry—indeed, much of the Jewish world— had to reconstruct religious practice from normative texts: observance could no longer be transmitted mimetically, on the basis of practices observed in home and street. In consequence, behaviour once governed by habit is now governed by rule. This new edition allows the author to deal with criticisms raised since the essay, long established as a classic in the field, was originally published, and enables readers to gain a fuller perspective on a topic central to today’s Jewish world and its development.

Continuing his contribution to medieval Jewish intellectual history, Haym Soloveitchik focuses here on the radical pietist movement of Ḥasidei Ashkenaz and its main literary work, Sefer Ḥasidim , and on the writings and personality of the Provençal commentator Ravad of Posquières. In both areas Soloveitchik challenges mainstream views to provide a new understanding of medieval Jewish thought. Some of the essays are revised and updated versions of work previously published and some are entirely new, but in all of them Soloveitchik challenges reigning views to provide a new understanding of medieval Jewish thought. The section on Sefer Ḥasidim brings together over half a century of Soloveitchik’s writings on German Pietism, many of which originally appeared in obscure publications, and adds two new essays. The first of these is a methodological study of how to read this challenging work and an exposition of what constitutes a valid historical inference, while the second reviews the validity of the sociological and anthropological inferences presented in contemporary historiography. In discussing Ravad’s oeuvre, Soloveitchik questions the widespread notion that Ravad’s chief accomplishment was his commentary on Maimonides’ Mishneh torah; his Talmud commentary, he claims, was of far greater importance and was his true masterpiece. He also adds a new study that focuses on the acrimony between Ravad, as the low-born genius of Posquières, and R. Zerahyah ha-Levi of Lunel, who belonged to the Jewish aristocracy of Languedoc, and considers the implications of that relationship.

Written at different times and for different audiences - some for scholars of rabbinic literature, some for laymen or for scholars not necessarily Jewish - the essays gathered together in this volume nevertheless have an inner coherence. They reflect the author's lifetime interest in the history of halakhah - not as intellectual history per se, but rather a concern to identify measurable deflection in the unfolding of halakhic ideas that could point to an undetected force at work. What was it that stimulated change, and why? What happened when strong forces impinged upon halakhic observance, and both the scholarly elite and the community as a whole had to grapple with upholding observance while adapting to a new set of circumstances? Haym Soloveitchik's elegant presentation shows skilfully that the line between adaptation and deviance is a fine one, and that where a society draws that line is revelatory of both its values and its self-perception. Many of the articles presented here are well known in the field but have been updated for this publication (the major essay on pawnbroking has been expanded to half again its original size); some have been previously published only in Hebrew, and two are completely new. An Introduction highlights the key themes of the collection and explains the underlying methodology. Having these essays in a single volume will enable scholars and students to consult all the material on each theme together, while also tracing the development of ideas. The opening section of the volume is a brief description and characterization of the dramatis personae who figure in all these essays: Rashi and the Tosafists. It covers the halakhic commentaries and their authors; the creativity of Ashkenaz; and the halakhic isolation of the Ashkenazic community. The second section focuses on usury and money-lending, including the practice of pawn-broking, while the third section deals with the ban on Gentile wine and how that connected to the development of money-lending. The final section presents general conclusions in the form of four studies of the communal self-image of Ashkenaz and its attitude to deviation and change.

In this second volume of his essays on the history of halakhah, Haym Soloveitchik grapples with much-disputed topics in medieval Jewish history and takes issue with a number of reigning views. His insistence that proper understanding requires substantive, in-depth analysis of the sources leads him to a searching analysis of oft-cited halakhic texts of Ashkenaz, frequently with conclusions that differ from the current consensus. Medieval Jewish historians cannot, he argues, avoid engaging in detailed textual criticism, and texts must always be interpreted in the context of the legal culture of their time. Historians who shirk these tasks risk reinforcing a version that supports their own preconceptions, and retrojecting later notions on to an earlier age. These basic methodological points underlie every topic discussed. In Part I, devoted to the cultural origins of Ashkenaz and its lasting impact, Professor Soloveitchik questions the scholarly consensus that the roots of Ashkenaz lie deep in Palestinian soil. He challenges the widespread notion that it was immemorial custom (minhag kadmon) that primarily governed Early Ashkenaz, the culture that emerged in the Rhineland in the late tenth century and which was ended by the ravages of the First Crusade (1096). He similarly rejects the theory that it was only towards the middle of the eleventh century that the Babylonian Talmud came to be regarded as fully authoritative. On the basis of an in-depth analysis of the literature of the time, he shows that the scholars of Early Ashkenaz displayed an astonishing command of the complex corpus of the Babylonian Talmud and viewed it at all times as the touchstone of the permissible and the forbidden. The section concludes with his own radical proposal as to the source of Ashkenazi culture and the stamp it left upon the Jews of northern Europe for close to a millennium. The second part of the volume treats the issue of martyrdom as perceived and practised by Jews under Islam and Christianity. In one of the longer essays, Soloveitchik claims that Maimonides’ problematic Iggeret ha-Shemad is a work of rhetoric, not halakhah—a conclusion that has generated much criticism from other scholars, to whom he replies one by one. This is followed by a comprehensive study of kiddush ha-shem in Ashkenaz, which draws him into an analysis of whether aggadic sources were used by the Tosafists in halakhic arguments, as some historians claim; whether there was any halakhic validation of the widespread phenomenon of voluntary martyrdom; and, indeed, whether halakhic considerations played any part in such tragic life-and-death issues. The book concludes with two essays on Mishneh torah which argue that that famed code must also be viewed as a work of art which sustains, as masterpieces do, multiple conflicting interpretations.

Pawnbroking was a primary source of income for mediaeval European Jews. The book describes the process mediating the need to make a living and the need to maintain the purity of the Halacha, while examining the similarities and differences between the sages of Ashkenaz and the sages of Provence and Spain.