Communal Affairs in Troyes, c.1100
[Marcus Introduction] RABBI SOLOMON BAR ISAAC (RaSHI) of Troyes (1040-11O5) is probably
the best known medieval Jewish scholar. He attained this popularity,
which he still retains in Jewry, through his Biblical and Talmudic
commentaries which are noted for their terseness, clarity, and
erudition. Most of his life was spent in his native town of Troyes,
where he encouraged the Biblical and Talmudic studies which his
descendants carried on and which made of northern France one of
the great centers of rabbinic scholarship in the twelfth and thirteenth
He supported himself probably through the manufacture and sale
of wine and at the same time, no doubt, acted as rabbi in Troyes,
then one of the chief business towns of Europe. Some of his legal
decisions are interesting because they throw light on the times
in which he lived and in addition give us an insight into the
character of this notable scholar.
The first selection given below is a brief teshubah ("answer")
to the sheelah ("question") of a woman who wishes to
know if she is to be considered married according to the Jewish
religion. She and her husband, both Jews, had contracted a Jewish
marriage with witnesses, at a time when both had been forced to
embrace Christianity, probably during the days of the First Crusade.
It was during this same period that Rashi lost many friends and
relatives at the hands of the fanatical crusaders.
The second selection is a decision of Rashi in the case of
a woman who has been driven from her home, unjustly, by an unscrupulous
husband. These teshubot or "answers" to legal and ritual
problems were written in Hebrew.
1. Forced Converts to Christianity During the
Days of the First Crusade, 1096-1105
Herewith do I, the undersigned, answer him who has questioned
me concerning the marriage of a certain girl who was married at
a time when she and the groom, as well as the witnesses to the
ceremony, had already been forced by Gentiles to disavow the Jewish
I am of the opinion that this woman requires a bill of divorcement
before she can marry another man. The marriage of a Jew who has
even voluntarily become an apostate and then marries is legal
[according to Jewish law]. For it is said [Joshua 7: 11] "Israel
has sinned," meaning [Sanhedrin 44a] that even though he
has sinned he is still an Israelite. How much the more is this
true in the case a£ all these forced converts who at heart
are still loyal to God. Now in this particular case how their
final conduct reflects their original attitude, for as soon as
they were able to find some form of escape they returned to Judaism.
And even though the witnesses may have led a loose life while
living among the nonJews and may be suspected of the iniquities
of the Gentiles, nevertheless their testimony to the marriage
does not thereby become invalid....
Peace! Solomon the son of Rabbi Isaac.
2. Rashi Defends an Unfortunate Woman, before
Two people came to argue their case before Rabbi Solomon. The
wife complained that her husband had divorced her but had not
treated her in accordance with Jewish custom. He answered: "I
have divorced you in accordance with the law. You have no claim,
not even to the amount stipulated in the marriage contract, for
I was deceived when I married you. It is evident that you are
afflicted with skin trouble, and the signs of this disease appear
on you, on your nose; and your face in general is breaking out
with boils. Before your marriage you yourself suffered from this
disease which you got from your family, some of whom are also
afflicted with this sickness, and when I married you I was unaware
of your hidden defects."
"It's not so," she answered. "I was a hale and
hearty woman when entering into marriage, and as for your saying
that signs of a skin disease are visible on me, that is not so
and never will be, for my whole body is in a healthy condition."
There were, however, two warts that had appeared on her face due
to the suffering and vexation which she had experienced after
her husband had driven ha from his house, but concerning this
a number of members of the community, who had known the husband
for many years and bad heard nothing of this trouble, testified:
"She was a healthy woman when she entered into marriage,
and we have never noticed at signs of skin trouble."
The following decision was given by the rabbi in this dispute.
First let me extend my greetings to those who have directed this
question to me. Inasmuch as no physical defects were noticeable
in this woman while she was in her father's house, and they have
developed only since her marriage, in her husband's house, he
has therefore no claim against her on the ground that she was
That man is conducting himself in a bad way and has shown that
he is not acting like one of our father Abraham's children whose
nature it is to be kind to his fellowman, and particularly so
to his own flesh with whom he has entered the covenant of marriage.
If that husband had set his mind on keeping his wife as much as
he had set his mind on getting rid of her, her charm would have
grown on him. Behold our rabbis have said [Sotah 47a2] "Every
spot has a charm for those who live in it," even though it
may be cursed with bad water and barren land. Similar is the charm
exerted by a woman on her husband, and happy the man who has been
fortunate enough to get such a wife and to acquire through her
a share in life eternal. Even among those who deny God we find
many who do not reject their wives and whose wives in turn act
in like manner toward them, for they believe that the good they
do serves as an expiatory sacrifice for the sins they have committed.
But this fellow, though a member of the household of our Father
in heaven, has acted cruelly toward the wife of his youth as God
himself can testify.
According to the law of right it is incumbent upon him to treat
her as custom prescribes for all Jewish women; and if he does
not care to receive her back in kindness and in respect, then
he must divorce her and pay her the entire amount stipulated in
her marriage contract.
REFERENCES TO TEXTBOOKS
Elbogens pp. 112l14; Roth, pp. 174175; Sachar, pp.
READINGS FOR ADVANCED STIJDENTS
Graetz, 111, pp. 286-289, 308310; GraetzRhine, III,
pp. 159165; Margolis and Marx, pp 35o358
Liber, M., Rashi. A brief roundedout picture of the
man and his writings.
Waxman, M , A History of Jewish Literature, I, pp.
JE, "Rashi (Solomon bar Isaac)."
SOURCE: Jacob Marcus, The Jew in the Medieval World:
A Sourcebook, 315-1791, (New York: JPS, 1938), 301-303.
Later printings of this text (e.g. by Atheneum, 1969, 1972, 1978)
do not indicate that the copyright was renewed)
This text is part of the Internet Medieval Source Book.
The Sourcebook is a collection of public domain and copy-permitted
texts related to medieval and Byzantine history.
Unless otherwise indicated the specific electronic form of the
document is copyright. Permission is granted for electronic copying,
distribution in print form for educational purposes and personal
use. If you do reduplicate the document, indicate the source.
No permission is granted for commercial use.
© Paul Halsall October 1997