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The Pharisees and the Sadducees: Rethinking Their Respective ...

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948 BRIGHAMYOUNGUNIVERSITYLAWREVIEW [I993<br />

Believed that men are<br />

bound by fate in all that<br />

<strong>the</strong>y do-both good <strong>and</strong> evil.<br />

Believed that men have<br />

free will <strong>and</strong> can choose<br />

ei<strong>the</strong>r good or evil. <strong>The</strong><br />

consequences of our ac-<br />

tions are reaped during<br />

mortal life.<br />

11 Later, Possibly Unau<strong>the</strong>ntic Controversies<br />

-<br />

Lex Talionis:<br />

"Eye for an<br />

Eye"<br />

Impurity of a<br />

Woman After<br />

Childbirth142<br />

Virgin Bride<br />

Suspected of<br />

Fornica-<br />

ti~n'~~<br />

Halizah Cere-<br />

mon~'~~<br />

Allowed monetary compen-<br />

sation to substitute for <strong>the</strong><br />

literal retribution except in<br />

capital cases.<br />

Believed that during <strong>the</strong><br />

respective 33- <strong>and</strong> 66-day<br />

cleansing periods, <strong>the</strong>re was<br />

no prohibition against mari-<br />

tal intercourse.<br />

Ruled that husb<strong>and</strong> had to<br />

produce witnesses to testify<br />

that his wife had been un-<br />

faithhl during <strong>the</strong> period of<br />

<strong>the</strong> betrothal.<br />

Held that a childless widow<br />

must take off her shoe <strong>and</strong><br />

spit before her bro<strong>the</strong>r-in-<br />

law in order to effect a re-<br />

lease from <strong>the</strong> obligation to<br />

marry him.<br />

Applied <strong>the</strong> doctrine of<br />

Lex Talionis literally. No<br />

leniency in retribution.<br />

Forbade marital rela-<br />

tions during <strong>the</strong> cleans-<br />

ing periods.<br />

Held that parents had to<br />

produce <strong>the</strong> blood-<br />

stained garments as<br />

proof of <strong>the</strong> bride's vir-<br />

ginity.<br />

Believed that <strong>the</strong> child-<br />

less widow is to spit,<br />

literally, in his face.<br />

141. JOSEPHUS, ANTIQU~IES, supra note 7, at 13:171-73; RMUN, supra note 6,<br />

at 56.<br />

142. Leviticus 122-6 mentions that for seven days after <strong>the</strong> birth of a son <strong>and</strong><br />

for 14 days after <strong>the</strong> birth of a daughter, a woman is unclean. <strong>The</strong>reafter, for 33<br />

days or 66 days respectively, a woman could not enter <strong>the</strong> Temple nor eat holy<br />

food.<br />

143. See Deut. 22:13-21.<br />

144. Id. at 255-10. Essentially, <strong>the</strong> Torah comm<strong>and</strong>ed a bro<strong>the</strong>r to marry his<br />

sister-in-law if his bro<strong>the</strong>r died childless. <strong>The</strong> fmtborn son was <strong>the</strong>n to carry on<br />

<strong>the</strong> deceased bro<strong>the</strong>r's name. Id. at 2523. If <strong>the</strong> bro<strong>the</strong>r did not want to marry his<br />

bro<strong>the</strong>r's wife, <strong>the</strong> wife was to "come unto him in <strong>the</strong> presence of <strong>the</strong> elders, <strong>and</strong><br />

loose his shoe from off his foot, <strong>and</strong> spit in his face, <strong>and</strong> shall answer <strong>and</strong> say, So<br />

shall it be done unto that man that will not build up his bro<strong>the</strong>r's house." Id. at<br />

25:9 (emphasis added). This procedure was known as <strong>the</strong> Halizah ceremony.<br />

t

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