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Adoption in Judaism
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Adoption in Judaism
Adoption does not exist formally as a practice in Jewish Law (Halacha), although rabbinic texts were not uniform on whether or not they recognized the validity of adoption and several examples of adoption take place in the Hebrew Bible and texts from the Second Temple Judaism. The Hebrew word for adoption ‘אימוץ’ (immutz), which derives from the verb ‘אמץ’ (amatz) in Psalm 80 verse 16 and 18 meaning ‘to make strong’, was not introduced until the modern age. Jewish perspectives towards adoption promote two contradictory messages towards nurture and nature. On the one hand, Judaism expresses favourable attitudes towards adoption across religious movements and is widely viewed as a good deed (mitzvah). Based on the Talmudic teachings that when one raises an orphan in their home, "scripture ascribes it to him as though he had begotten him," rabbis have argued that the commandment of procreation can also be fulfilled through the act of adoption. However, this interpretation raises a number of questions in relation to lineage and biological status, which is a core value in Halacha.
Adoption that is practiced in modern secular society derives from Roman law. The secular procedure for adoption involves the removal of all rights and responsibilities from the biological parents, which are then transferred onto the adoptive parent/s. Judaism contrasts to Roman law, in that the adoptive parents do not entirely replace the role of the biological parents. Jewish Law aligns closer with British common law, within which the importance of royal bloodlines and class meant that an adoption procedure was never introduced. Similarly, in Judaism, genealogy determines the status of the child, which cannot be removed by a legal procedure.
The term for adoption did not exist in the Hebrew language until modern times. As such, there are no explicit mentions of the word ‘adoption’ in the Torah or Talmud. However, there are several verses that are regarded as describing something akin to adoption.
In Genesis 15:2–3, Abraham expressed his concerns to God regarding the nature of his inheritance, given that his wife Sarah was barren and he was childless. In this verse, Abraham contemplated ‘adopting’ his servant Eliezer to be his future heir:
But Abram said, "O Lord God, what can You give me, seeing that I shall die childless, and the one in charge of my household is Dammesek Eliezer!" Abram said further, "Since You have granted me no offspring, my steward will be my heir".
In Genesis 16:2 Sarah offered her maidservant, Hagar, to her husband Abraham as a mistress, with whom he could have children that she would raise as her own. Jacob's wife Rachel had also been experiencing barrenness, and in Genesis (30:3), just as Sarah did with Abraham, Rachel gave her maidservant, Bilhah, to her husband Jacob, in order to have children. In this verse, the act of Bilhah giving birth onto Rachel's knees is said to signify legitimisation, resembling an ancient adoption ceremony practiced by European and Asiatic people.
Here is my maid Bilhah. Consort with her, that she may bear on my knees and that through her I too may have children.
In Genesis 48:5–6, Jacob adopts his grandsons (Joseph's sons Ephraim and Menashe) and gives them both a share in his inheritance.
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Adoption in Judaism
Adoption does not exist formally as a practice in Jewish Law (Halacha), although rabbinic texts were not uniform on whether or not they recognized the validity of adoption and several examples of adoption take place in the Hebrew Bible and texts from the Second Temple Judaism. The Hebrew word for adoption ‘אימוץ’ (immutz), which derives from the verb ‘אמץ’ (amatz) in Psalm 80 verse 16 and 18 meaning ‘to make strong’, was not introduced until the modern age. Jewish perspectives towards adoption promote two contradictory messages towards nurture and nature. On the one hand, Judaism expresses favourable attitudes towards adoption across religious movements and is widely viewed as a good deed (mitzvah). Based on the Talmudic teachings that when one raises an orphan in their home, "scripture ascribes it to him as though he had begotten him," rabbis have argued that the commandment of procreation can also be fulfilled through the act of adoption. However, this interpretation raises a number of questions in relation to lineage and biological status, which is a core value in Halacha.
Adoption that is practiced in modern secular society derives from Roman law. The secular procedure for adoption involves the removal of all rights and responsibilities from the biological parents, which are then transferred onto the adoptive parent/s. Judaism contrasts to Roman law, in that the adoptive parents do not entirely replace the role of the biological parents. Jewish Law aligns closer with British common law, within which the importance of royal bloodlines and class meant that an adoption procedure was never introduced. Similarly, in Judaism, genealogy determines the status of the child, which cannot be removed by a legal procedure.
The term for adoption did not exist in the Hebrew language until modern times. As such, there are no explicit mentions of the word ‘adoption’ in the Torah or Talmud. However, there are several verses that are regarded as describing something akin to adoption.
In Genesis 15:2–3, Abraham expressed his concerns to God regarding the nature of his inheritance, given that his wife Sarah was barren and he was childless. In this verse, Abraham contemplated ‘adopting’ his servant Eliezer to be his future heir:
But Abram said, "O Lord God, what can You give me, seeing that I shall die childless, and the one in charge of my household is Dammesek Eliezer!" Abram said further, "Since You have granted me no offspring, my steward will be my heir".
In Genesis 16:2 Sarah offered her maidservant, Hagar, to her husband Abraham as a mistress, with whom he could have children that she would raise as her own. Jacob's wife Rachel had also been experiencing barrenness, and in Genesis (30:3), just as Sarah did with Abraham, Rachel gave her maidservant, Bilhah, to her husband Jacob, in order to have children. In this verse, the act of Bilhah giving birth onto Rachel's knees is said to signify legitimisation, resembling an ancient adoption ceremony practiced by European and Asiatic people.
Here is my maid Bilhah. Consort with her, that she may bear on my knees and that through her I too may have children.
In Genesis 48:5–6, Jacob adopts his grandsons (Joseph's sons Ephraim and Menashe) and gives them both a share in his inheritance.