The rabbis distinguish four stages in the fetus’ development towards personhood. For the duration of the pregnancy, until the commencement of active labor, “a fetus is like its mother’s thigh” (עוּבָּר יֶרֶךְ אִמוֹ).

What we know about abortion in the ancient world from legal and medical texts.

Egyptian and Mesopotamian abortion-inducing recipes attest to the practice of abortion in the ancient Near East. While the Middle Assyrian Laws prohibit the practice, the Torah offers no ruling. Nevertheless, throughout the Bible, expressions like נִשְׁמַת חַיִּים, “the breath of life” (Genesis 2:7), imply that life begins at first breath.

Whom does this law address?

The Torah requires a man who marries his maidservant to treat her as a wife, providing her with food, clothing, and onah, a term that has been interpreted as shelter, anointing oil, or conjugal rights. The latter is the traditional understanding, which Shadal defends. Critiquing Maimonides’ philosophical attitude to sexuality, Shadal claims that the Torah here is recognizing a woman’s sexual needs.

The original biblical prohibition before it was interpreted to forbid cooking or consuming meat and milk together.

After Sinai, Moses writes down YHWH’s Laws on a scroll and reads it to the people (Exodus 24). Similarly, Moses writes down the Deuteronomic Torah, which will be read to the people every seven years (Deuteronomy 31). Using the literary mirroring technique, mise en abyme, the Torah connects its authority to these ancient scrolls on one hand, and its readers with the ancient Israelite audience on the other.

Biblical authors struggled to explain why Canaanites remained on the land after Israel settled it. Exodus (23:29–30) and Deuteronomy (7:22) suggest that Israel needed time to settle the land. The opening of Joshua reimagines the past to include an Israelite Blitzkrieg that removed the inhabitants entirely. Other approaches see the remaining Canaanites as a punishment (Judges 2) or a test of Israel's resolve (Joshua 23).

It is clear in the Bible and ancient Near Eastern texts that men were sorcerers, yet Exodus 22:17 seems to single out women in its command, “You shall not permit a witch to live.”

In 1902, Friedrich Delitzsch argued in his Babel und Bibel (Babylon and the Bible) lecture series that the biblical texts are dependent upon and inferior to those of Babylonia. A key piece of evidence was the Hammurabi Stele, discovered only months before, but traditional scholars responded by maintaining the ethical superiority of Mosaic law.

The Torah’s prohibition against loaning money with interest addresses a culture of subsistence farmers. Later Jews devised halakhic loopholes to enable them to make use of credit instruments such as the suftaja and to participate in market economies.

Rashi’s Torah commentary is largely adapted from classic rabbinic sources, including midrash halakhah. And yet, he often changes their meaning in his revisions. Where does Rashi get the authority to make these changes?

When a man accidentally kills a pregnant woman in a brawl, Exodus requires him to pay “life for a life.” This is generally understood as either capital punishment or monetary repayment. Its legal formulation in context, however, suggests substitution, i.e., the offender has to hand over a woman from his own family.

The Feast of Ingathering is “at the tzet (צֵאת) of the year” (Exod 23:16). This phrase is generally translated as “the end of the year,” but a closer look at the meaning of the Hebrew verb in biblical Hebrew suggests it may mean the beginning.

The author of the Covenant Collection in Exodus knew the Laws of Hammurabi and revised them to fit with Israelite legal and ethical conceptions. This is clear when we compare their laws of assault in each.

For the first nine hundred years after the writing of the Mishnah in the early third century, Jews thought that laws about bailees or custodians (שומרים) in the Mishnah and in the Talmud corresponded closely to the plain meaning (peshat) of the Torah. But in the Middle Ages, Rashbam challenged that assumption, proposing an understanding of the Torah that contradicted Jewish law.

A 2000-year-old question on how to read a single word in the Torah has generated different opinions on how a custodian for someone’s animal should go about proving that the animal was killed by a beast and not stolen.

The designation ivri in the legal corpora of the Pentateuch is found only in the laws of slavery. So who is this ivri slave and why was he sold?

Four accounts of revelation and laws, but one religion

A classic example of source criticism applied to Torah legislation.

The Torah prohibits lending to poor people with interest. Why did Jewish law include business loans and how did this effect the law’s original purpose?

A Comparative Analysis

The word שור in Hebrew can refer to an ox or a bull, but which animal is the protagonist of the celebrated law of שור נגח, “the goring bovine”? 

The religiosity of civil law and the obligation to use only Jewish courts: Rashi’s fourfold homily on Exodus 21:1.

. . . and the Challenges of Putting it into Practice.

“YHWH said to Moses: ‘Come up to me on the mountain and stay there so that I might give you the tablets of stone and the teaching and the commandment that I have written to teach them.’”—Exodus 24:12

Exodus 22:28 commands Israel to give its firstborn sons to God, and makes no mention of redeeming them. What exactly is being commanded?

Early biblical laws demand a cessation of labor every seven days, but that was unconnected to Shabbat, which was originally a full moon celebration.

The Torah states “do not cook a kid in its mother's milk.” What does this phrase mean, and how did it develop into the prohibition of mixing meat and milk?

Traditional and Critical Approaches