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Premodern Jewish Life and How the Modern Definition Of "Religion" Does Not Fit
That Life

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Premodern Jewish Life and How the Modern Definition Of "Religion" Does Not Fit
That Life
The changes in religion are one of the notable differences between premodern

societies and contemporary society. According to Batnitzky, the premodern Jewish life does

not fit into the modern definition of religion, which was championed by 19th century

European Protestants. The novelty of the contemporary Jewish religion can be understood by

focusing on the features of the premodern Jewish life. The fundamental aspect of organized

Jewish life in the premodern era was the local Jewish communities. These communities were

the legal body with jurisdiction over the Jewish population, spreading throughout Europe.

Although the local Jewish communities were autonomous, they only existed by permission

from external authorities, either nobility or royalty. Each community offered taxes and useful

functions in exchange for protection from the permissive authority.

In the premodern Jewish life, religion and state existed as a single entity. The local

Jewish community were self-governing, with each community living by its bylaws.

Laypersons administered the bylaws for each community and elected a rabbi for the

community. The rabbi had jurisdiction in both political and religious matters. His official

power extended over ritual matters and gave credence to the community laws. While the local

Jewish communities varied greatly from each other, the premodern Jews perceived

themselves as a single entity. Rabbis and scholars from these communities collaborated on

matters of Jewish law, which was enabled by the fact that economic most economic activities

occurred across communities. In addition, the Jewish community shared a common messianic

hope that all communities across the world would be reunited in the land of Israel.

Finally, local communities exercised political power over individual Jews in

premodern Jewish life. Local communities were responsible for law and order and had the

mandate to punish their members and jurisdiction over social aspects. The Jewish law was

perceived as divine law, to which all community members were subject. Any member of the
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local Jewish community who violated its laws was excommunicated. Excommunicated

members were treated as an outcast, and they lost their right to marry, take part in community

economic activities and burial in the communal cemetery. Although excommunication lasted

for short periods in some situations, it was sometimes extended indefinitely.

The rabbinical contracts stipulate some of the key features of the premodern Jewish

life. One of the fundamental aspects of the premodern Jewish evident in the [rabbinical

contract] of Rabbi Tsvi Hirsch Oppenheim and the Community of Hildesheim is the

autonomy of the local Jewish communities. The contract opens by acknowledging one of the

crucial roles of laypersons- the leaders of people and congregation, which is to elect the rabbi

and set the community bylaws which the rabbi should observe. According to this contract, the

layperson agreed that Rabbi Tsvi Hirsch Oppenheim would head the rabbinical court for

three years. Also, his responsibilities and the duties of the community residents to the

rabbinical court are outlined in the contract.

Lack of separation between the state and religion is also illustrated in the Rabbinical

Contract and the Community of Hildesheim. According to the contract, Rabbi Tsvi Hirsch

Oppenheim is obligated to give credence to community law in court cases. Together with the

community's judges, the rabbi participates in the court cases and pass judgement. In addition,

the congregation, which is the religious segment of the community, is obligated to support the

rabbi and give him a permanent place in the synagogue. Finally, political power is exercised

over the individual Jews in the community. The Rabbinical contract outlines that if the matter

involves money, the chief rabbi may impose excommunication for suits involving less than

3Rth or appropriate oath for those involving more than 3Rth. This obligation indicates that

the chief rabbi could impose his political powers over individual community members.