Contracts: Rabbinic Literature and Ancient Jewish Documents

Abstract

In the Mishna and related works, two tractates are named for specific documents: Ketubbot and Gittin, but this is only partial indication of the significance of legal documents, especially for family law. An impressive number of different types of written contracts are mentioned and discussed in talmudic literature. The literary sources are complemented by extant ancient Jewish documents. Quotes from many contracts appear in the talmudic literature. Most of these were collected in the 1920's and studied, in conjunction with extant Jewish contracts. The Talmud provides the background for understanding many fragmentary and obscure clauses in the extant deeds. This chapter discusses five separate finds, from the pre-talmudic, talmudic and post-talmudic periods: Elephantine Papyri, Samaria Papyri, Judean Desert Documents, Papyri from Byzantine Egypt and Cairo Geniza Documents. Some thirty Aramaic contracts from the fifth century BCE Jewish community of Elephantine in Upper Egypt have been found. Keywords: ancient Jewish documents; Byzantine Egypt Papyri; Cairo Geniza Documents; Elephantine Papyri; family law; Gittin documents; Ketubbot documents; Mishna; Samaria Papyri; Talmudic law