Table Of ContentReview: The Talmud Meets Church History
Author(s): Daniel Boyarin
Reviewed work(s):
Chastity as Autonomy: Women in the Stories of the Apocryphal Acts by Virginia Burrus
'Equipped for Victory': Ambrose and the Gendering of Orthodoxy by Virginia Burrus
The Making of a Heretic: Gender, Authority, and the Priscillianist Controversy by
Virginia Burrus
 ...
Source: Diacritics, Vol. 28, No. 2 (Summer, 1998), pp. 52-80
Published by: The Johns Hopkins University Press
Stable URL: http://www.jstor.org/stable/1566244
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Diacritics.
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THE  TALMUD  MEETS 
CHURCH  HISTORY 
DANIELB  OYARIN 
Virginia Burrus. CHASTITYA  S AUTONOMY:W  OMENI N THE STORIESO  FTHE 
APOCRYPHALA  CTS. New York:E dwinM  ellen, 1987. 
. "'EQUIPPED FOR VICTORY': AMBROSE AND THE GENDERING OF 
ORTHODOXY."J ournalo f EarlyC  hristianS tudies4 .4 (1996): 461-75. 
. THE MAKING OF A HERETIC: GENDER, AUTHORITY, AND THE 
PRISCILLIANISTC ONTROVERSY.B erkeley:U   of CaliforniaP  , 1995. 
. "READINGA  GNES: THE RHETORICO  F GENDER IN AMBROSE AND 
PRUDENTIUS."J ournalo f EarlyC  hristianS tudies3 .1 (1995): 25-46. 
. "WORD AND FLESH: THE BODIES AND SEXUALITY OF ASCETIC 
WOMENI N CHRISTIANA  NTIQUITY."J ournalo f Feminist Studies in Religion 
10.1 (1994): 27-51. 
[I] Prologue: MorningsideH  eights, 1941-A  TalmudistM  eets a ChurchH  istorian 
In 1944, my teacherS aul Liebermanp ublisheda  classic essay in which he treatedt almudic 
martyrologyi n the context of patristicl iterature.'T he articleh ad been writtenu ndert he 
inspirationo f his meeting and friendshipw  ith HenriG  regoire,t he great Belgian church 
historian,t hena  refugee fromt he Nazis in the MorningsideH  eightsn eighborhoodi n New 
York, whereL  ieberman,t he greatL  ithuaniant almudist,h ada lso found refuge andw  here 
the two met. Nearly a half-centuryl ater,t his studento f Lieberman'sm  et anotherc hurch 
historian,V  irginia Burrus,i n MorningsideH  eights underh appierc ircumstances,w  hen 
botho f us werep articipantsa t a conferenceo n asceticisma t Union Theological Seminary, 
and a similari ntellectuali nteractionb egan. This paperr epresentss ome of the first fruits 
of thats econde ncountera nda spirest o modestlyc ontinuet hee nterpriseb egunb y thef irst. 
[2] Intertextualitya nd Interdisciplinarity 
Averil Cameronh as recently written: 
The mytho f early Christianitya s the resort of the poor and underprivilegedi s 
precisely that, and a very conveniento ne it has been. It is a myth that rests, 
moreover,o n thefallacy of an original Christianityu ncontaminatedb y external 
influences;b ut its holders thenh ave to explainh ow this "new" faith could make 
I wish to thankC  havaB  oyarin,E  rich Gruen,a nd FromaZ  eitlinfor readinge arlier versionso f this 
essay and providing very helpful comments. 
1. Lieberman," TheM  artyrso f Caesarea." I plan to engage in a detailed readingo f thisa rticle 
in another essay, tentatively entitled "'The Martyrs of Caesarea'; or, Zionism and the Art of 
Writing." 
52  diacritics 28.2: 52-80
the leap to center stage. Thus, we have been told, "the naivete of the early 
Christians peech came in the course of time to wed itself to the cultureso f the 
world."  But while mucho f currentN  ew Testaments cholarshipi s directeda t the 
internal( that is, theological) articulationo f the texts,t here is also a perceptible 
trend towardsa  mode of interpretationt hat balances the externala nd internal 
factors operative in the literaryt exts. It is thus less a question of the degree of 
"influence"o f Greco-Romano r Jewish literary or philosophical elementso n 
early Christianw  riting than of their integral relationship.[ 37-38] 
Judaism also (and Jewish scholarship)h as had a stake in inscribing itself as pure and 
uncontaminatedf, or reasons that Philip Alexanderh as articulated:" The attemptt o [lay 
down a normf or Judaismi n the firstc entury]b arelyc onceals apologeticm  otives-in  the 
case of Christianitya  desire to prove that Christianityt ranscendedo r transformed 
Judaism,i n the case of Jews a desire to suggest that Christianityw  as an alien form of 
Judaismw  hich deviatedf rom the truep ath"[ 3]. Indeed,t he very distinctnesso f Judaism 
has been articulatedb y Jews as precisely its distance from a "syncretistic"C hristianity 
whose defining featurei s that it is somehow a composite of Judaisma nd Hellenism.2 
In this essay, in conversationw  ith some of the work of Burrus,I  wish to begin to 
suggest a few of the ways that study of the Talmudc an be furthere nrichedt hrought he 
engagement of talmudic scholars with the recent sophisticated( and especially gender- 
oriented)w  ork being done on early Christianity.I ndeed,I  will be hinting (and in future 
work explicitly arguing)t hatw  e have to begin seriously thinkinga boutJ udaeo-Christi- 
anity as a single cultural system: contentious, dialectical, polemical, and sometimes 
friendly,b ut-I  hastent o add-not moralistici n the homogenized" familyv alues"s ense 
impliedb y the modem usage of this term.I  putf orthh ere,a s a case in point,t hatt her ichest 
contexts for understandingt he sets of cultural tensions that gave rise to a particular 
talmudict ext are to be uncoveredi n contemporaryp atristicl iterature.F romt he point of 
view of a New Historicista pproacht o talmudicl iteraturet, his suggests thatt he relevant 
documentarya nd literaryi ntertextsa re much broadert hant hose that I have proposedi n 
earlier work, especially in the introductiont o Carnal Israel, where I posited a wide- 
rangingc ollection of Jewish texts as the relevanti ntertextf or Jewishc ulturalp oetics.T  he 
differenceb etween the analysis of this talmudict ext as presentedh ere and the version in 
my coauthoredb ook Powers of Diaspora, written before my encounter with church 
history, is indicativeo f the shift in my readings trategiese ngenderedb y this meeting. In 
the talmudict exts thatw  ill be analyzedh ere, we find dramatizeds ocial contestationt hat 
is nearly identical to conflicts found in contemporary( ca. fourthc entury,t o which the 
talmudict ext can plausiblyb e assigned)p atristict exts andd ocuments.T hese contentions 
have been broughtt o the fore in the worko f VirginiaB  urrus,e specially in herr ecentb ook, 
TheM  akingo f a Heretic: Gender,A  uthoritya nd the PriscillianistC  ontroversyL. ooking 
beyond the official doctrinalc onflicts thato rthodoxh eresiologistsh ave identifieda s the 
reason for Priscillian's execution, Burrus "finds broaderu nderlying social conflicts" 
being "negotiatedt hrought he 'talk' about Priscillian"[ 5]. Looking at the talmudict ext 
with lenses burnishedb y her accounto f the Priscillianistf racas,I  have found startlingly 
similar social conflicts being negotiatedw  ithin the borderso f a single extendedp assage 
of talmudicl egendaryn arrative.F urthermorec, lose study of the textuala nalyseso f this 
feminist scholar have enabled me to see other (gendered)p atternsa nd meanings in the 
talmudicp assaget hatn eitherI , noro thers,a ppeart o have seen before.I n bothl ate ancient 
2. 1 would like to acknowledgeh ere the productivei nfluenceo f KarenK  ing's worko n the use 
of "syncretismv"i s-a-visG  nosticismin  the constructiono f "authenticC hristianityi"n  the 
developmenotf  my own thinkinga boutt he use of Christianitiyn  the productiono f "authentic 
Judaism." 
diacritics / summer 1998  53
Christianitya nd Judaism, ideal male identity was secured in part via cross-gender 
identificationw  ith female virgins. Affinities, it seems, run strong and deep. This essay, 
based essentially on a readingo f the work of one scholar,i s intendedt o serve as a vade 
mecumt o the riches thata re aroundt o be uncoveredw  hen scholarso f Talmude nteri nto 
conversationw ith the scholarshipo n early contemporaryC hristianitya, nd I dares ay, the 
opposite will likely prove true as well.3 In this early version of this study, I am focusing 
broadlyo n thew  ays thatt he worko f Burrush as stimulatedm  y investigationo f theT  almud 
in new directions,s o this will be a kind of idiosyncraticr eview of her oeuvre to date, as 
well as the partialp aymento f an intellectuald ebt. This review is idiosyncratici n that it 
treatso nly those aspects of Burrus'sw  ork thath ave opened ways into the talmudict ext, 
and indeed, into only one talmudicp assage at that. In later avatarso f the same study, a 
more synthetica pproacht o the presentationo f the issues will be attempted:in  particular, 
my forthcomingD yingf or God: Martyrdoma nd the Makingo f Christianitya nd Judaism 
will treatt hese issues andt exts in muchg reaterd etaila ndi n conversationw  ithm  anym  ore 
Christiant exts and scholarso f early Christianityf, or which and whom the encounterw ith 
Burrus'sw  ork providedm  y own initial vade mecum. 
[2.1] Accommodation,R esistance, and the Hidden Transcript 
The two key themes thatB  urrusi dentifiesa s havingb een active in the developmento f the 
Priscillianc ontroversya re the contest between privatea nd public as valorized loci for 
Christianw  orship and study and the question of accommodationt o or alienationf rom 
Romanp ower.4" Heresies"w  ere being defined (and hereticsk illed) in ordert o produce 
an orthodoxC  hristianityc ontrolledb y bishopsa ndc onformingi n its culturet o the culture 
of the Empire.I n the talmudict ext thatI  will readi n this paper,b oth of these themes are 
centrallyc ontested,a lthought hey are inflected somewhatd ifferentlyf rom the ways that 
they appeari n Burrus'sa rchive.T  he differencesc an be accountedf or by attendingt o the 
differentl ocation of the rabbiso f Palestinea nd ParthianB abylonia with respectt o both 
Romanc ulturea nd Romanp ower. Althoughw  e will see thats ome of the rabbisa dopted 
strikinglya ccommodationists tances vis-a-vis the "Evil Kingdom,"n one of them had 
been or ever could be simply ands traightforwardlRy omans,a s were manyo f the bishops, 
and even many of the ascetic "monks"a nd scholars of the fourth century as well, for 
example such figures as Sulpicius Severus and Jerome-both high-class Roman citi- 
zens-as  discussed by Burrus [Making of a Heretic 126-29]. As Kate Cooper has 
remindedu s, following Alan Cameron:" Inl ate fourth-centuryR ome, amongt he litterati 
'pagans' and 'Christians'w  ere first of all Romans"[ 89]. In contrastt o figures such as 
these,t her abbisa lways belong to a linguisticm  inoritya nda  dominateds ocial andc ultural 
entity within the Empire, no matter what their socioeconomic status within Jewish 
society. All the more striking,t hen, is the extent to which we find convergenceb etween 
3. Obviously,I  am not claiming to be the first or the only talmudistt o read or make use of 
patristics cholarship,b ut there is much,m  uchm  ore to be done in thisfield, as I hope this case study 
of the worko f one historian of late ancient Christianityw ill make obvious. See especially Jacob 
NeusnerJ, udaisma ndC  hristianitiyn  the Age of ConstantineH: istoryM,  essiahI, srael,a ndt he 
InitialC onfrontation. 
4. It shouldb e madec lear thatB  urrusd oes not reifye ithero f these sets ofoppositionsa s "real" 
entities,a nd neithers hould we. Thesea re, however,r epresentationst hata re active in the textsa nd 
controversieso f antiquitya s terms of argumentationa nd self-fashioning,a nd likewise, I suggest, 
in the Talmud.T heyw  ill be even morep roductivei nf urther worko n such oppositionalfiguresa s 
RabbisA  kivaa nd Eli'ezer, comparablet o suchf igures as Tertulliana nd Clemento f Alexandria, 
thatI  intendt o carryo ut in thef uture,d eo volente. Thei mportantpointtor ecognizeh ere is thatt hese 
cultural/politicald ivides cut throught he so-called religions as much as they cut betweent hem. 
54
theirc oncernsa ndt he concernst hatm  otivate,a ccordingt o Burrus,t he powerfulc onflicts 
within the Christians ociety of their days. Differences are less surprising. 
[2.2] Hidden Transcripts 
In additiont o the comparativeh orizona nda nalyticalv ista thatB  urrus'sw orkh as afforded 
me, the otherc rucial interdisciplinarym oment in this analysis of the talmudict ext is the 
theoreticalp erspectiveo f JamesC  . Scott on the modes of discourseo f colonizedp  eoples. 
In his recent analysis of the modes of resistanceo f dominatedp opulations,S cott argues 
eloquentlya gainstt he notiono f hegemony, claiming thatt he appearanceo f hegemony is 
only the "publics cript"w hich serves the purposeso f both the colonizera ndt he colonized 
in situationso f near-totadl omination": Int his respect,s ubordinateg roupsa rec omplicitous 
in contributingt o a sanitizedo fficial transcriptf, or thati s one way they cover theirt racks" 
[Domination and the Arts of Resistance 87]. It follows that what might appear to be 
accommodationt o the cultureo f the dominatingp opulationm  ight, in fact, be the very 
opposite. According to Scott, the discourses of dominated populationsf all into four 
categories, the "public"w  ithin which they are actually working within the terms of the 
discourseo f the dominatorst, he "hidden,o ffstage, wheres ubordinatesm ayg athero utside 
the intimidating gaze of power" and "where a sharply dissonant political culture is 
possible." A thirdi s the realmo f the trickstert ale within which the "hiddent ranscript"is  
encoded in a public one, and finally the speech of open rebellion. As Scott remarks,w  e 
rarelyh ave access to the hiddent ranscripti tself and most often must determinei t from 
suspicious readingso f the tricksterm  aterial[ Domination1 8]. It seems thatt he talmudic 
discourse,h owever,g ives us directa ccess to the "hiddent ranscript,f"r equentlyth ematizing 
the doublenesso f its own tricksterl anguage.T  his literaturec, omposedi n a language that 
the conquerorsd id not know,p rovideda  safe and privates pace withinw  hich to elaborate 
the transcripth idden away from the colonizer.5 
A text from the PalestinianT  almud explicitly thematizes alienated strategies vs. 
accommodation( not, of course,c ollaboration)a s the appropriater esponset o oppressive 
power: 
Theys aid to Rabbi Hiyya the Great: Rabbi Shim'onb  ar Yohait eaches, "'You 
shall buyfoodfromt hem[ Edom=   Rome]for money,a nd eat, and also buyw  ater 
from themf or money,a nd drink' (Deut. 2:6): Just as water [is that] which has 
not been modifiedfromi ts original state [lit. its creation], so also everythingt hat 
has not been modifiedfromi ts original state. " He rejoinedt o them: "Butt heir 
liverwort,d rieda pricots,p ickled vegetables, andp arched corn are permitted." 
All ofthefirst threea re notproblematicb ecausey ou can soak themi n watera nd 
they returnt o theiro riginal state, but what aboutp arched corn?  Rabbi Yosit he 
son of Rabbi Bun in the name ofRav said, "Anyf ood that can be eaten raw as 
it is, does not enteri nto the category offorbiddenf oods cookedb y Gentiles,a nd 
one may use it rawfor ritualst hat normallyr equirec ookedfoods. " How, then, 
does Rabbi Hiyya the Great explain the verse: "Yous hall buyfoodfrom them 
for money,a nd eat" ?-If you feed him, you have boughta nd defeatedh im,f or 
if he is harsh withy ou, buy/defeath im withfood, and if [that does] not [work], 
then defeat him with money. 
5. Thisw asl ess truei n theM  iddleA ges,w  henf or a varietyo f historicarl easonst, heT  almud 
becamea vailablet o non-Jewsa, nda  sort of delayed-reactiovni olentr esponsew as generated, 
producinfgi nallya  self-directecde nsorshipo f the Talmudo n thep arto f earlym  odemJ ews. 
diacritics / summer 1998  55
They say: That is how Rabbi Yonatanb ehaved. Whenh e saw a powerful 
personage come into his city, he used to send him expensivet hings. Whatd id he 
think?I f he comes to judge an orphano r a widow, we willfind himp ropitious 
towards them. [YerushalmiS habbat1 : 3; 3c] 
Two different interpretationso f the verse in Deuteronomyl ead to two almost directly 
opposed practices vis-a-vis the Roman overlords( or perhapsv ice versa), one of direct 
alienationa ndo ne of (seeming)a ccommodationT. he verse itself is explicitly aboutE  sau, 
who (throughh is alternativen ame, Edom) is always in rabbinicl iteraturea n eponym for 
Rome. Seeing the verse in its immediate context will illuminate the interpretative 
controversya nd its political/culturaml eanings:" AndH  e commandedt he people, saying, 
'You are passing within the bordero f the Childreno f Esau who dwell in Se'ir, and they 
will be afraido f you, so be very careful.D  o not provoket hem, for I will not give you their 
land, not even to stando n, for I have given the Mounto f Se'ir to Esau as an inheritance. 
You shall buy food from them for money, and eat, and also buy water from them for 
money, and drink."R  abbi Shim'on bar Yohai, whose opposition to any rapprochement 
whateverw  ith Rome was proverbial,6p ulls the verse completely out of its context-well- 
respectedm  idrashicp ractice-and accordinglyr eadsi t formalisticallya ndt echnicallya s 
a limitationo n the possible formso f interactionb etweenJ ews andG  entiles.Y  ou can only 
acquirec ertaint ypes of foodstuffsf rom them,h  e says, those thath ave a characteristico f 
water,n amely thatt hey are unprocessed.O  ne can see immediatelyt hats uch a regulation 
would have two powerfule ffects, a restrainto n tradeb etween Jews and Gentiles, as well 
as a powerful chill on eating togethero r sharingf ood, commensality (in additiont o the 
chill that the kosher rules alreadyp rescribe.) 
RabbiH  iyya,h owever,i s quiteo pposedt o thisv iew, bothp oliticallya ndm  idrashically. 
His notion is thatJ ews may purchasea ny sort of foodstuff from Gentiles, as long as it is 
kosher,o f course. The Talmuda sks, then, how he would go about interpretingt he same 
verse thatR  abbi Shim'on has read as stronglyl imiting commensalityb etween Jews and 
Gentiles. Rabbi Hiyya develops a whole political philosophy of Jewish-Gentilei nterac- 
tion-actually of Jewish-Romanin teraction-from this verse, a procedurejustifiedb y the 
fact thatt he verse actuallyd oes refert o the properb ehavioro f Israelt owardt he children 
of Esau, who via his "tribal"n ame, Edom,f unctionsa s the eponymousa ncestoro f Rome 
in rabbinicJ ewish lore. The Bible explicitly says not to provoke them. An alternativet o 
provokingt hem is also offeredb y the verse, which RabbiH  iyya understandsin  a way that 
takes it out of its immediateb iblical historicalc ontext and gives it new culturalp ower, 
namely as a suggestion to use gifts to turnt heirh eartsf avorablyt o theirJ ewish subjects. 
This is derived from the verse by typically clever midrashicp unning,i n additiont o the 
mobilizationo f the foundationali ntertext:t he story of the original Jacob and Esau. The 
phrase "buy food from them" can also, with only relatively modest stretchingo f the 
syntax-well  withint heb  oundso f midrashicp ractice-and none whatevero f the lexicon, 
be reada s "defeatt hem,"s ince the word"  buy"a ndt he word"  defeat"a reh omonyms.T  he 
verse is thus read as: "Withf ood, buy them, and [if that doesn't work], break[ defeat by 
suboring] them with money."T  his is an obvious allusion to the situationw  ithin which 
the weak, "feminine"J acobb oughtt he favoro f the "virile,"d ominantE saub y giving him 
food. Baksheeshi tself becomes institutionalizeda s a discursivep  racticeo f oppositiont o 
oppression. At additionalp oints in this discussion, we will be observing how various 
"dishonest"p ractices,d eceptions,a re valorizedb y rabbinica nd otherc olonized peoples, 
6. 1u se this terma dvisedly.I  do not have to assumet hatt hese are ipssissimav erbao fthe "real" 
Rabbi Shim' on in order to mobilize what is said about him elsewhere in interpretinga  passage 
attributedt o him. The individual rabbis came to be personifications of particular ideological 
stances withint he tradition,a nd we don't have to knowh ow "authentic"  thesep ersonalitys ketches 
are in order to read them. 
56
in direct opposition to the "manly"a rts of violent resistance.A  s an Indianu ntouchable 
phrasedi t: "We must also tactfully disguise and hide, as necessary, our true aims and 
intentionsf rom our social adversariesT. o recommendi t is not to encouragef alsehoodb ut 
only to be tactical in order to survive" [Scott, Domination 33; see also Ophir]. Rabbi 
Hiyya's philosophy, then, is to follow the biblical injunctionn ot to provokea uthorityb y 
standingu p to it but to attemptt o oblige it, with the resultt hatt he authorityw ill favor the 
entire people and act justly toward them. "Kill them with kindness"i s the lesson. This 
"hidden transcript,"p reserved before our eyes in the Talmud, provides an elegant 
demonstrationo f Scott's argumentt hat "Whatm  ay look from above like the extraction 
of a requiredp erformancec an easily look from below like the artfulm  anipulationo f 
deferencea ndf latteryt o achieve its own ends"[ScottD, omination3 4]. A neatc omparison 
is afforded by the following injunction of an African American grandfathert o his 
grandsoni n Ralph Ellison's Invisible Man: "I want you to overcome 'em with yesses, 
undermine' em with grins,a gree 'em to deatha ndd estructionl, et 'em swollery ou till they 
vomit or bust wide open....  Learni t to the young 'uns" [qtd.i n Scott, Domination 133]. 
If flatteryf ails, says RabbiH  iyya, then defeatt hemb y bribingt hem.T  hust he conclusion: 
"If he comes to judge an orphano r a widow, we will find him propitioust owardst hem." 
[2.3] The Trickstera nd the Martyr 
If Esau is the legendarya ncestoro f Rome, Jacob,h is brother,w as the exemplaryr abbinic 
male. It is importantt o emphasizet o what extent Jacob( alreadyi n the Bible) is a virtual 
"trickster,"th at figure of folklore all over the world who "represent[s]t he weak, whose 
wit can at times achieve ambiguousv ictoriesa gainstt he powero f the strong"[ J.B  oyarin]. 
Twice in his life, as describedi n the Bible, Jacob, the weak emblem of Israel,a chieved 
victory,o ver Labant he ancestoro f the Aramaeansa ndt hen-and muchm  orer elevantf or 
laterJ ewishh istory-over Esau,t hee ponymousa ncestoro f Romea ndt huso f Christendom 
[Niditch7 0-125]. These figures and theirs toriesw  ere, as we have seen, paradigmaticfo r 
Jewish (male) self-fashioning. The positive self-representationo f Jewish maleness as 
"feminized"t hus is overdeterminedO. n the one hand,i t grows, as we have seen, from a 
valorizationo f certaint ypes of activity over othersa nd out of a need to define self over- 
againsto ther. On the otherh and, it develops as a responset o the privationi n a diaspora 
people of certainm  odes of power and the developmento f others as a compensation. 
The DiasporaJ ew is a tricksterp are xcellence.7A  s David Biale has recentlyr emarked 
in his magisterials tudyP  ower and Powerlessness in Jewish History:' The rabbisb uilt a 
much more durablep olitical system than had any of the earlier leaders, whether tribal 
elders, kings, or priests, who were only partiallys uccessful in confrontinga n imperial 
worlda ndi n maintainings ome partials emblanceo f Jewishs overeignty"[ 11] . Thats ocial 
system enabled the continuede xistence of the Jews as a deterritorializedcu lturale ntity 
7. This thinkingh as been much influencedb y the worko f my brother,J onathan,w  ith whomI  
am now writinga  book tentativelye ntitledP  owerso f Diaspora,i n which we will attemptt o hook up 
the Jewish experienceo f diaspora with the situationo fpostcoloniality in the moder world and in 
particular to the use of "diaspora"a s a mode of thinkinga bout that situation. 
Erich Gruen has remindedm  e of an excellent early version of a Jewish trickstert ale with a 
hidden transcript.I n III Maccabees 7:10-16, Jews who had remaineds teadfasti n thef aith trick 
theirP tolemaic mastersi ntoa llowing themt o executet hosew  ho had becomea postateso n the king's 
orders, "usingt he cleverargumentt hat those who were disloyal to theiro wn commandmentcs ould 
not be trustedt o be loyal to the king.H  ence those who hada ctuallyr esistedt he royalo rderst riumph 
over collaborators by posing as protectors of royal interest." This is a typical, rather clever 
interpretationo f thep assage and quitea  convincingo ne indeed.T  heb est editiono f the texti s Hadas, 
ed. and trans., The Thirda nd FourthB ooks of Maccabees[ 80-82]. See also Charlesworth2 : 528. 
diacritics / summer 1998  57
for nearly two thousand years. One of my underlying hypotheses is that part of the 
durabilityo f the political, and thus cultural,s ystem that the rabbisb uilt was foundedo n 
antiphallicm  odes of resistancea nd the exercise of power, the use of the "weaponso f the 
weak."8I  am not, of course, claiming that this strategyi s unique to the rabbis.E  dwards 
remarkst hat "Cicerow  arnsa gainst the slipperyw  ays of Greeks and Asiatics, which are 
to be connected,h e says, with theirl acko f politicalp ower (Ad Q. fr. 1.16).B  y implication, 
those who have been conqueredb ehavel ike otherd ominatedg roups,w  omen and slaves" 
[93]. What we learn from Jewish texts of late antiquity is that this was not only an 
accusationf rom without but a valorizedr epresentationf rom within at least one "domi- 
natedg roup."9S uch modes of resistancew  ere, moreover,c oded as feminizedf romw  ithin 
the Jewish culturals ystem. We need only thinko f the Book of Esther,t he paradigmb ook 
of diasporap olitics, to see that this is so [Niditch 126-45; Levine]. 
The text to be read in this essay consists of an extended talmudic narrativet hat 
thematizes the tricksterf igure in tales of witty escapes by rabbis from the threato f 
martyrdomf or teachingT  orah.A  t the same time, this materiala lso providesu s with the 
exact opposite model, that of the martyr,a  rabbiw  ho bravely goes to his death in order 
to publicly deny the authorityo f the Romans.T  hese two figures of resistancea re known 
fromd ominatedp opulationsa ll over the world,a s JamesS cott has remarked':T hose who 
did assert themselves defiantly won themselves a place in black folklore-that of the 
'baaaadN igger'-that  is one of both admirationa nd fearfula we. Admirationf, or having 
actedo ut the hiddent ranscripat ndf earfula we, for havingo ften paidf or it with theirl ives. 
...  The more common folk hero of subordinateg roups-blacks included-has histori- 
cally been the tricksterf igure, who manages to outwit his adversarya nd escape un- 
scathed"[ Domination4 1]. By the end of the narrativeh, owever, a surprisea waits us, for 
the story leads us to a reading wherein the most powerful figure for the tricksterlike 
resistanceo f the Jewish People to the depravityt hatw  as "Rome"i s a female virgin-in 
a brothel'.  
[3] The Virgini n the Brothel 
InT  ractate' AvodahZ  arah1 6b- 19bo f the BabylonianT almud,w  e finda  complicateda nd 
fascinating discourse having to do with Roman power, different modes of cultural 
resistancet o it, and issues of sexualitya ndg ender.U  nwindingt he intricatelyi nterwoven 
halakhica nd aggadic expression of this text will help us understandh ow gendera nd the 
situationo f a subjugatedm  ale populationa re entangledw  ithin the culturalf ormationo f 
talmudicJ udaism.R  eadingt his text with Burrusa s cicerone will help us also to begin to 
sort out the similar and the dissimilar between the Jewish and Christiand iscourses of 
gender and resistancei n late antiquity." 
The text opens with a discussion of the types of building projectst hatJ ews may not 
engage in for or with Romans.'2T hese all turno ut to be edifices thata re connectedw  ith 
8. Thet ermi s again drawnfromS cott, Weaponso f the Weak:T  he EverydayF ormso f Peasant 
Resistance. 
9. See DanielB  oyarinU, nheroicC onductT: heR  iseo f Heterosexualiatyn dt heI nventionof  
theJ ewish Man; "JewishM  asochism:C  ouvade,C astrationa, nd Rabbisi n Pain ";a nd "Homotopia: 
The FeminizedJ ewish Man and the Lives of Womeni n Late Antiquity".  
10. Thise loquentp hrase has been borrowedfromR achelAdler, "TheV  irgini n the Brothela nd 
OtherA  nomalies: Charactera nd Contexti n the Legend of Beruriah."  
11. For a muchm  ore extendeda ndfine-graineda nalysis, see Daniel Boyarin,D  ying for God: 
Martyrdoman dt heM  akingo f Christianitayn dJ udaism. 
12. The text given here will be based on the excellent Spanishm  anuscripto f Tractate 'Avoda 
Zara in the collection of the Jewish Theological Seminaryo f America,R  abbinowitz1 5. 
58
the judging and execution of criminals and especially of seditious persons [see Hayes]. 
The Talmudc ondemnst he complicity of Jews with Romanp ower,t hematized,a s we shall 
see, as "phallic,"a nd proposes either tricky or submissive ways of evading it. This 
halakhicc ontext, the passage of the Mishna,s ets the themes thatw  ill be elaboratedi n the 
Talmud's much more complicated discursive forms. The talmudic text wanders and 
seemingly meanders.I ts strategies of making meaning are not teleological as a philo- 
sophical or legal text would be but in some ways more like the strategieso f a dream,i n 
which the underlyingt hematicsa nd meaningsc an be drawno ut only by paying attention 
to repeatingp atterns,u ndertones,a nd overtones. As LaurieD  avis has put it: 
Thought he Gemaraw  ritteni n responset o this Mishnahm  ays eem to venturefar 
afieldfrom whatJ ews may or may not build, what they may or may not sell, the 
real topic of this Mishnahc oncerns injustice:i ts immediatea nd obviouss ource 
in the oppressiveg overnment,h ow Jews mightu nwittinglyc ollude in their own 
oppression and the oppression of others, and the alternativep ulls of coercion 
and seduction which power exercises. Thus the many stories that ensue all 
concernt hew  ays in whichJ ewishm  ena re eithercoercedo rseduced into wrong- 
doing, whethert hey resist and what the consequences of their actions are. 
In other words, these are narrativest hat explicitly thematize the issues of hegemony, 
resistance, and transcripts,h idden and public, which are dealt with by both Burrus's 
historicalw  ork on Priscilliana nd Scott's theoreticalw  ork. 
[3.1] The Seductionso f Jesus: Rabbi Eli'ezer and the Christian 
Following the halakhicd iscussion, we immediatelye mbarko n the following narrative, 
in which the link between the architecturatlh eme-Jews  may not participatei n building 
places of judgment-and the "moral"t hemes is immediatelyr enderedv isible: 
WhenR abbiE  li'ezer was arrested [by the Romans]for sectarianism,t hey took 
him up to thep lace ofjudgment[ gradus]. 3 Thej udge [hegemon]'4s aid to him: 
"Ane lder such as you, has dealing with thesef oolish things?!" He [Eli'ezer] 
said: "Ih ave trusti n theJ /judge." Thejudget houghtt hath e was speakinga bout 
him,b uth e was speakinga bouth  is Fatheri n heaven.H  e [thejudge] said: "Since 
you have declared yourf aith in me, you are free [dimus]. " 
Whenh e came to his house, his disciples came to comforth im, but he was 
inconsolable.R  abbiAkivas aid to him: "Allowm  e to say to you one of the things 
thaty ou have taughtm  e " [an honorifice uphemismfort he studentt eaching the 
teacher]. He said to him: "Say!" He said to him: "Rabbi,p erhaps you heard 
some mattero f sectarianism,a nd it gave you pleasure, and because of thaty ou 
were arrestedfor sectarianism."  He said: "Byh eaven,y ou have remindedm  e. 
Once I was walking in the upper marketo f Sephorris,a nd one of the disciples 
of Jesus the Nazarene,5  a man by the name of Jacob of KefarS ekania, met up 
13. Lit., "thes tairs leading up to the place of judgment,"  one of the structurest he Mishna 
forbids Jews to participate in building [see Hayes]. For the gradusa s equivalentt o the catastao f 
such textsa s the Passiono fPerpetuaa nd otherearlyC  hristianm  artyrologies,s ee LiebermanT, exts 
and Studies 69-71. 
14. A provincial governor serving as judge. 
15. The referencest o Jesus,f ound in both manuscripts,a re deleted in the printed editions, as 
have nearly all such referencess ince thef irst editions, owing to the ItalianJ ewish (self-)censors. 
In this way, the hidden transcript, which had threatened to become public owing to the wide 
diacritics / summer 1998  59
with me. He said to me, 'It is writteni n your Torah: "Do not bring the wages of 
a prostituteo r thep roceeds of a dog [to the house ofyour Lord]" (Deut. 23:19). 
Whata bout using themt o builda  latrinefort he High Priest? 'AndI  said nothing 
to him.A  nd he told me that thush ad taughtJ esus his teacher: "'Itw  as gathered 
from the wages of a prostitute, and to the wages of a prostitute it will return 
[Micah 1:7] "-it comesfroma  place off ilth, and to a place offilth it will return' 
[i.e., for buildinga  latrine one may use the proceeds of a prostitute], and the 
mattergavem  ep leasure,a ndforthat was arrestedforsectarianism,s ince I had 
violated that whichi s written:K  eeph  er waysfar awayfromy ou!" [Proverbs5 : 
8]. 
This complex little text compresses within its almost humorousf orm several weighty 
matters of rabbinic culture and ideology. Perhaps most relevant here is the political 
function of the double entendre[ Scott, Domination4 ]. This story exemplifies an almost 
literal thematizationo f the "publict ranscript"f'hiddentr anscript"ty pology as analyzed 
extensively by Scott. Dominated people, according to him, "make use of disguise, 
deception, and indirectionw  hile maintaininga n outward impression, in power-laden 
situations,o f willing, even enthusiasticc onsent" [Scott, Domination 17]. Our talmudic 
narratives eems designed to illustratet he hypothesis, in the way the narrativee legantly 
encapsulatest he public and hidden transcriptsi nto one ambiguousl inguistic utterance. 
The text has a theological dimensiona s well, however. 
The basic theologicalq uestiona ddressedi s theodicy,a  questiont hatr eturnso ver and 
over in rabbinicl iteratureW:  hy has God punishedt he apparentlyr ighteous?A  s we shall 
see, this is one of the major subthemes of the entire text-sequence that we shall be 
following in this essay. The basic rabbinict heological thoughtt hata nswerst his question 
is that somehow God's punishmentsf it the crimes-"measure for measure"i n rabbinic 
parlance.W  hen RabbiE  li'ezer says in this text, "I have trusti n the Judge,"h e fools the 
Roman hegemon, but not himself.'6 He assumes that there cannot be any punishment 
withouta  crime and thatt he Divine Judgeh as found him wanting.B  ecause he had been 
attracteda nd pleasedb y heresyi n God's eyes, thati s, Christianityt, herefore,t he text tells 
us God allowed him to be arrestedb y the Romansf or engaging in thatv ery heresy. The 
Romanj udge is, in a sense, only an unwittinga vataro f God's judgment on earth.T  he 
acceptance of the judgment is indeed what releases Rabbi Eli'ezer. This point will be 
returnedt o explicitly in a latere pisode of the legend cycle as well. In the context of the 
text that I am discussing here, this momentous theological issue is interleaved and 
imbricatedw ith otherq uestionst hatt he rabbisa sk aboutt hemselvesa ndt heirp lace in the 
world. This opening story sets all the themes that will be developed throughoutt he text: 
sex, heresy, and the threato f violence.'7 We will hardly be surprisedt o find gender 
prominentlyt hematizedi n this context as well. 
The strongestc lue to this connection is the arbitrarinesso f the particularh alakhic 
discussion betweent he rabbia ndt he Christianf, or therei s no specialr easonw  hy it would 
be this specific issue thata  disciple of Jesus would raise with a pharisee.T he choice of an 
interlocutionh avingt o do with prostitutiona ndt he Temple must be laid at the dooro f the 
talmudic" author"o f this legend, andi ts significances ought withint he context of Jewish 
distributionof  printedT almudas nd increasingk nowledgeo f its languagea nd textb  y learned 
Christian(se speciallyc onverts)w, as renderedh iddena gain,i nterestingleyn ought, hist imef rom 
mostJ ewsa s well. 
16. Thefactt hatt her abbiw asu singa fixeda ndc onventionalel galt ermd oesn otw  eakenth is 
interpretatioant  all. See LiebermanT,e xtsa ndS tudies7 6n136. 
17. Interestingleyn ought, hise pisodeh asa  paralleli n Palestinianli teraturen, amelyin   the 
midrasho n EcclesiastesK, ohelleRt abba1 . Thec ontextw ithinw hichi t is embeddedh,o weveri,s  
entirelyd ifferentth ere. 
60
Description:suggest a few of the ways that study of the Talmud can be further enriched through the engagement .. Sectarianism is homologous with prostitution.