Channukah, From the Talmudology Archives~ What Have the Maccabees Ever Done for Us?

Who could forget that classic scene from The Life of Brian, in which the Judean rebels ask, “What have the Romans ever done for us?”

After much debate, Reg, the rebel leader (played of course by the brilliant John Cleese) concludes “All right, but apart from the sanitation, the medicine, education, wine, public order, irrigation, roads, a fresh water system, and public health, what have the Romans ever done for us?”

We might have asked the same thing about the Maccabees, or as they are known in Hebrew, the Maccabim (spelled either מַכַּבִּים, or מַקַבִּים), the heroes of the story of Chanukah. They gave us Chanukah to be sure, and their name: Maccabi Games and Maccabi Tel Aviv Football Club,and Maccabi Haifa and Maccabi Petach Tikvah, and more. But really, aside from a stunning military victory, a few decades of peace, freedom to worship in the Temple, and some naming opportunities, what have the Maccabim ever done for us? Actually, a lot more than you might have thought. They might have given us everything.

CHANUKAH in a nutshell

As a reminder, Antiochus had set his sights on conquering Alexandria in Egypt but was prevented from doing so by the Romans, who ordered him to withdraw or consider himself to be at war with the Roman Republic. Recognizing when he was defeated, he turned his army north. According to the Second Book of Maccabees (5:11–14), here is what happened next:

Raging like a wild animal, [Antiochus] set out from Egypt and took Jerusalem by storm. He ordered his soldiers to cut down without mercy those whom they met and to slay those who took refuge in their houses. There was a massacre of young and old, a killing of women and children, a slaughter of virgins and infants. In the space of three days, eighty thousand were lost, forty thousand meeting a violent death, and the same number being sold into slavery.

As described by the Jewish historian Josephus (who was not an eyewitness, but lived about a century later), here is what caused the Jewish revolt:

Now Antiochus was not satisfied either with his unexpected taking the city (Jerusalem), or with its pillage, or with the great slaughter he had made there; but being overcome with his violent passions, and remembering what he had suffered during the siege, he compelled the Jews to dissolve the laws of their country, and to keep their infants uncircumcised, and to sacrifice swine's flesh upon the altar; against which they all opposed themselves, and the most approved among them were put to death.

The Maccabim, led by Mattathias (Mattisyahu) and his five sons, waged a guerilla campaign against their Greek oppressors, which culminated in a military victory and the re-dedication of the Temple in Jerusalem. Of course there may have been a miracle, something to do with oil (though the Rambam makes no mention of it, as we have discussed elsewhere), but the real miracle was the restoration of an independent Jewish state under the Hasmoneans, until civil war and an intervention by the Romans ended it all in 63 BCE.

By any account this would be enough for which to thank the Maccabim (well, not the civil war, but certainly the rest). But it turns out that perhaps we owe the Maccabim a great deal more than this.

a search for the terminus ante quem

In 2022, the Israeli archeologist Jonathan Adler published The Origins of Judaism, in which he asked a simple question: what is the earliest archeological evidence for Jewish practice? Adler was not primarily interested in textual evidence (though he cites a fair amount), but with the lived experience of individuals, on their practice and not on their beliefs. Adler focussed on epigraphic and archeological discoveries, to arrive at a terminus ante quem, “the boundary of time when or before which the particular element of Judaism under examination must have first emerged.”

…the date of the earliest available evidence demonstrating that Judeans knew something resembling the Torah and were observing its laws will serve as the terminus ante quem for the earliest emergence of Judaism. That it to say, Judaism must have emerged at this time or earlier. Lacking further evidence, this is the most we can determine with any degree of confidence (18).

I know what you are thinking, and Adler addresses it:

Absence of evidence is not evidence of absence. It is possible, for example, that the Judeans commonly knew of the Torah and were observing its laws for decades or even centuries prior to our established terminus ante quem, and that for whatever reasons no evidence has survived (ibid).

Adler’s conclusion, based on a “data-driven analysis” is that “we possess no compelling evidence dating to any time prior to the middle of the second century BCE which suggests that the Judean masses knew of the Torah and were observing its laws in practice. This will establish the middle of the second century BCE as the overarching terminus ante quem for the initial emergence of Judaism.” Which is to say, the Hasmonean period. Here is just some of that data.

  1. Kashrut

    As we have discussed elsewhere on Talmudology, Adler analyzed the makeup of fish remains at 30 sites throughout the southern Levant from the Late Bronze Age through to the end of the Byzantine period (ca. 1550 BCE to 640 CE). They found that “the consumption of scaleless fish— especially catfish—was not uncommon at Judean sites throughout the Iron Age and Persian periods.” In other words, Judeans likely ate catfish, which are not kosher. [You can read a criticism of this claim from Bar Ilan’s Joshua Berman and Ari Zivotovsky here.] Pig remains suggest that by the Roman era, Judeans were not eating pork. “But here the trail of evidence ends. Prior to the second century BCE, there exists no surviving evidence, whether textual or archeological, which suggests that Judeans adhered to a set of food prohibitions or to a body of dietary restrictions of any kind…it is only from the Hasmonean period onward that we may claim to know of Judeans adhering to a set of dietary restrictions of any kind.” (49)

  2. Ritual Purity

    Josephus describes two stories set in the second half of the first century BCE that relate to ritual purity. The Dead Sea Scrolls, composed some time in the second or first century BCE are of course full of laws that address this area. And they are mentioned in the Apocrypha and Pseudepigrapha, dated to a similar time. The Maccabim themselves are described (2 Mac 12:38) as having purified themselves “according to the custom” before making camp for Shabbat. Beyond this, the Hebrew Bible provides “little evidence” that the laws of tumah and tahara were known before the second century BCE. For example, although the complex rituals around purification after touching a corpse (tuma’at met) or contracting a skin disease (tzara’at) are mentioned in the Torah, there is not “even one passing allusion to anyone putting these rites into practice elsewhere in the Hebrew Bible.” In addition, although there are many mikva’ot (ritual immersion pools) that date to the Hasmonean period, no stepped mikva’ot have yet been dated “to any time earlier than the late second century BCE” (82).

  3. Visual Art

    There is a Torah ban on making a graven image, but the earliest imageless coins were minted in Judea in 131 BCE. In contrast, all the surviving coins minted in Judea in the fourth century BCE display human and animal images. The Persian era Judean authorities included figural images on all their minted coins and exhibited “no signs of regard for any such Pentateuchal prohibition.” Adler suggests that it was only from the Hasmonean era onward “that there is a never before seen aversion to figural art among Judeans” (111).

  4. Tefillin and Mezuzah

    We have yet to unearth any tefillin and mezuzot artefacts that predate the second century BCE, though, to be fair, these objects are made of perishable organic material. (Remember, Adler is focussed on the lived experience of the Judeans, not what may have been written in the Torah. The latter certainly predates this.) Fun fact: perhaps the oldest archaeological witness to tefillin or mezuzah is the Nash Papyrus, dated to mid-second century to the mid-first century BCE. But there are many finds that demonstrate that by the first century CE tefillin and mezuzah existed as Judean ritual practices.

  5. The Menorah

    “A single golden, seven-branched menorah as prescribed in the Pentateuch certainly stood in the temple prior to its destruction in 70 CE, and both texts and archaeological finds suggest that Judeans living in both the first century CE and the first century BCE were well aware of both its existence and its general appearance. Prior to the mid-first century BCE , not a single example has been found of a seven branched menorah depicted in Judean (or Israelite) art, and earlier texts that speak of either a single or multiple golden or silver lampstands in the temple provide little correspondence with Pentateuchal prescriptions” (167).

Menorot in Judean art only appear from the Hasmonean time onward. From here.

Judaism as a way of Life emerged during the Hasmonean Period

Adler provides more evidence, from the observance of Shabbat and Yom Kippur and Sukkot, to the establishment of the synagogue. You will have to read that for yourself, or listen to a talk in which he outlines his thesis.

Our resolute conclusion has been that some point around the middle of the second century [BCE] should be regarded as our terminus ante quem, the time during or before which we ought to seek the emergence of Judaism….we would be remiss not to regard as at least suggestive the fact that all of the many practices and prohibitions analyzed throughout this book first come into historical focus precisely during the course of the Hasmonean period. Is it possible that Judaism as a way of life followed by Judeans at large first emerged only around this time?

It turns out that the Maccabim have done a lot for us. Way more than you might have once thought. They either (i) left us with the earliest cultural artefacts that belong to a Judaism we might recognize as our own, or (ii) were the first to practice it. Either way,

…it would not be wrong to view Judaism as having emerged out of the crucible of Hellenism, which dominated the cultural landscape of the time. In a poetic way, it seems only fitting that our English word “Judaism” itself is the result of a Hebrew/Greek hybrid, rooted etymologically in the Greek rendering of the Hebrew “yehudayah” merged with the Greek suffix'“-ismos”. (236)

Now that is a something worth saying Hallel for.

אחינו כל בית ישראל
הנתונים בצרה, בצרה ובשביה
העומדים בין בים ובין ביבשה
המקום ירחם ירחם עליהם

ויוציאם מצרה לרווחה
ומאפלה לאורה ומשיעבוד לגאולה
השתא בעגלא ובזמן קריב
ואמרו אמן


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Bava Basra 167a ~ Torture & Coerced Testimony

In today’s page of Talmud we read of three incidents in which torture (or according to some, the threat of torture) was used to obtain a confession of a crime. In the first two, Abaye suspected that bills of sale had been forged. "כפתיה ואודי" - Abaye  bound the suspects to a post, and they confessed. In the third case it was Rava who suspected that his own signature and that of the elderly Rav Acha bar Adda had been forged. Rava too, bound the suspect to a post, after which not only did the suspect confess to forging both signatures, but he went on to explain how he had forged that of the elderly Rav Acha, whose hands had a tremor. 

 אנחי ידאי אמצרא ואמרי לה קם אזרנוקא וכתב

I placed my hands on the rope of a bridge while signing. Others say he stood on a skin bottle and signed.

Other cases of coerced Confessions

We first encountered coerced confessions when we studied Bava Metzia. There, we read that Mar Zutra The Pious had coerced a student to confess to his crime.

בבא מציא כד, א

מר זוטרא חסידא אגניב ליה כסא דכספא מאושפיזא חזיא לההוא בר בי רב דמשי ידיה ונגיב בגלימא דחבריה אמר היינו האי דלא איכפת ליה אממונא דחבריה כפתיה ואודי

Mar Zutra the Pious was involved in an incident in which a silver cup was stolen from his host. Later, Mar Zutra saw a certain student wash his hands and dry them on his friend's garment. Mar Zutra said: "this is the one who stole the cup, for he has no consideration for his friend's property. Mar Zutra bound the student to a post and coerced him, and he confessed to the crime (Bava Metzia 24a).

For completeness, we should note that there is a fourth passage in the Talmud (Niddah 25b) that also uses the language of כפתיה ואודי.  In that passage, a man was accused of having intercourse with his wife when she was ritually impure. He too was bound and confessed, though it is not clear who was ordering the binding.

He was bound and he confessed

Courtesy of Wikimedia.

Courtesy of Wikimedia.

The phrase that is used in all four cases is כפתיה ואודי "they bound him and he confessed." The root of the word to bind is כפת, which is used in rabbinic literature to mean to tie or to bind. Rabbi Asher ben Yechiel (Germany ~1250-1327), known as the Rosh, is certain that the suspect was tortured. In his commentary on the passage in Bava Metzia, he wrote וכפתיה בשוטי עד דאודי "he flogged him with rods until he confessed." (As in חושך שבטו שונא בנו ואהבו שחרו מוסר "spare the rod and spoil the child," from Proverbs 13:24.) Rabbi Betzalel ben Avraham Ashkenazi (Israel ~1520-1594) in his commentary to Bava Metzia called Shitah Mekubetzet agrees that coercion was used, although he is unsure if it was physical or psychological:

כפתוהו ואודי. יש מפרשים כפתוהו על העמוד והלקוהו בשוטים. ויש מפרשים כפתיה בדברים שנדוהו אם לא יודה האמת

Some explain that he was tied to post and flogged. Others explain that he was verbally coerced (and threatened with excommunication) until he confessed.

False Confessions

In a 2010 paper published in the Stanford Law Review, Brandon Garett notes that DNA testing has now exonerated over forty people who falsely confessed to rapes and murders. He wonders how an innocent person could convincingly confess to a crime he never committed. For example, in 1990  Jeffrey Deskovic, a seventeen-year-old, was convicted of rape and murder. Deskovic was a classmate of the fifteen-year-old victim, had attended her wake, and was eager to help solve the crime. During one of several police interrogations he “supposedly drew an accurate diagram,” which depicted details concerning “three discrete crime scenes” which were not ever made public. "In his last statement, which ended with him in a fetal position and crying uncontrollably," wrote Garrett, "he reportedly told police that he had “hit her in the back of the head with a Gatoraid [sic] bottle that was lying on the path.” Police testified that, after hearing this, the next day they conducted a careful search and found a Gatorade bottle cap at the crime scene."

Scholars increasingly study the psychological techniques that can cause people to falsely confess and have documented how such techniques were used in instances of known false confessions.
— Garrett, B.L. The Substance of False Confessions. Stanford Law Review 2010. 62 (4): 1051-1119.

Deskovic was convicted of rape and murder and served more than fifteen years of a sentence of fifteen years to life. Then in 2006, new DNA testing not only exonerated him, but also matched the profile of a murder convict who subsequently confessed and pleaded guilty. So how did Deskovic know all the details of the crime to which he confessed? Here is what the District Attorney noted in the post-exoneration inquiry:

...Given Deskovic’s innocence, two scenarios are possible: either the police (deliberately or inadvertently) communicated this information directly to Deskovic or their questioning at the high school and elsewhere caused this supposedly secret information to be widely known throughout the community.

Another paper, this time in the North Carolina Law Review, analyzed 125 cases of "proved interrogation-induced false confessions, which, the authors note with some pride, is "the largest cohort of interrogation-induced false confession cases ever identified and studied in the literature." It makes terrifying reading.  

It is of course really hard to study in the laboratory the psychological effects of torture and coercion and how they produce false confessions.  But scientists try anyway. For example, a 2016 paper from a team from the New School for Sociological Research in New York and the University of California studied the effect of sleep deprivation on false confessions.  When compared to those who had rested, participants were over four times more likely to sign a false statement if they were deprived of one night's sleep.  In another recent peer-reviewed paper, (Constructing Rich False Memories of Committing Crime) psychologists used suggestive retrieval techniques on some rather nice Canadian undergraduates. They found that up to 70% of those interviewed 

were classified as having false memories of committing a crime (theft, assault, or assault with a weapon) that led to police contact in early adolescence and volunteered a detailed false account. These reported false memories of crime were similar to false memories of noncriminal events and to true memory accounts, having the same kinds of complex descriptive and multisensory components.

They continue: 

Our finding that young adults generated rich false memories of committing criminal acts during adolescence supports the notion that false confessions and gross confabulations can take place within interview settings. The Innocence Project has shown that about 25% of false convictions are attributable to faulty confession evidence...The kind of research presented here is essential in the quest to help prevent memory-related miscarriages of justice.

False Memories Become Real

In an article in The New Yorker, Rachel Aviv reported on the remarkable story of how DNA evidence exonerated six convicted killers. Despite this, two of them had detailed memories of the killing that they didn't commit. One was a woman named Ada Taylor who confessed to a woman’s murder in 1989 and for two decades believed that she was guilty.

She served more than nineteen years for the crime before she was pardoned. She was one of six people accused of the murder, five of whom took pleas; two had internalized their guilt so deeply that, even after being freed, they still had vivid memories of committing the crime. In no other case in the United States have false memories of guilt endured so long. The situation is a study in the malleability of memory: an implausible notion, doubted at first, grows into a firmly held belief that reshapes one’s autobiography and sense of identity.

Of course murder is not the same as forging a document, but the lesson for those in criminal justice is the same. People confess to all sorts of things - especially when they are coerced or tortured- and can even forge false memories of the crimes of which they were accused.  

Permitted Coercion in Jewish Law

In the Code of Jewish Law, the שולחן ערוך, the passage in Bava Basra is the basis for the legal right to extract a confession from a person suspected of forging business documents.

שולחן ערוך חושן משפט מב, ג

ואם צריך לכוף בעל השטר ולהכותו כדי שיודה יעשה כדי שיוציא הדין לאמיתו

If it is necessary, the owner of the document (who is suspected of forgery) may be beaten in order for him to confess and the truth to come out...

This certainly made me feel uncomfortable, but let's put this into some context. Torture has been a part of many judicial systems, and was a feature of  Roman law.  Perhaps most notoriously it was used by the Inquisition, after Pope Innocent IV issued a papal bill Ad extirpanda in 1252 which authorized its use by the Church.  Closer to home, the US has recently grappled with, and condemned, cases in which the Central Intelligence Agency tortured prisoners, as the Senate Select Committee on Intelligence (partially) revealed in 2014. But among the thousands of legal decisions in the Babylonian Talmud, there are only four rabbis who are named as having tortured or coerced a suspect to confess. And that low number, though it is not zero, should provide us with some solace.  

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Bava Basra 155b ~ Delayed Puberty in Boys

In today's page of Talmud we read about the treatment for the delayed onset of puberty:

כי אתו לקמיה דרבי חייא אי כחוש אמר להו זילו אבריוהו ואי בריא אמר להו זילו אכחשוהו דהני סימנין זמנין דנתרי מחמת כחישותא וזמנין דנתרי מחמת בריותא

Whenever people came to Rabbi Hiyya [with a case of a man who had not developed pubic hair]  he would tell them, if [the man was] thin, ‘Let him gain weight’; and if they were overweight he would say ‘Go lose weight’; for these signs [of sexual maturity] are sometimes delayed as a result of emaciation and sometimes  as a result of obesity.   (Yevamot 97a)

Rabbi Hiyya probably lived in the second half of the second century, and the treatment he suggested is one of the earliest examples associating nutritional status and delayed puberty.  Elsewhere in the Talmud we find this statement attributed to Rava, who died around 350 CE. But whoever suggested it first, I have found nothing in the works of Hippocrates, Aristotle and Galen that address this issue, so this association does not appear to have been a widely held belief in antiquity that was simply being echoed in the Talmud. 

There has been some discussion of what appears to be the increasingly earlier onset of puberty in girls. In fact, menarche, (the age of a girl's first menstrual period) has been steadily decreasing by a consistent three years per century of record keeping. However, R. Hiyya was addressing not the early onset of puberty in girls, but its delayed appearance in boys.  He noted that this delay was sometimes related to extremes of nutritional status, and so in these cases, was amenable to intervention.

R.Hiyya may have been the first first to report an association of obesity and delayed puberty in boys.

R.Hiyya was on to something. He (or Rava) may in fact have been the first to report an association between obesity and delayed puberty in boys.  This association has been confirmed by several studies which found that obesity has different effects on puberty in boys and girls. In girls, obesity is associated with earlier puberty, while in boys it has the opposite effect, and delays sexual maturation. But it was not until 2010 this association was confirmed by a longitudinal population-based study. This reported that a "higher BMI z score trajectory" (i.e. obesity)  during early to middle childhood may be associated with later onset of puberty among boys. 

The finding that puberty may be delayed in boys who are underweight has also been confirmed. As far as I can tell, none of the researchers has credited Rava (who died around 350 CE.) or Rabbi Hiyya for being the first to notice these associations. But they were first, and firsts count for something in science.

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Bava Basra 142 ~ Maternal Deaths

Suetonius' Lives of the Twelve Caesars, 1506 woodcut.

Suetonius' Lives of the Twelve Caesars, 1506 woodcut.

Continuing the laws of inheritance, the Talmud rules that a fetus is not able to inherit from its mother until it is born. Then comes this technical question:  

למימרא דהוא מיית ברישא והא הוה עובדא ופרכס תלתא פרכוסי אמר מר בר רב אשי מידי דהוה אזנב הלטאה שמפרכסת

Does this mean that [when a pregnant womean dies,] the fetus always dies first [i.e. before its mother]? But there was a case where a pregnant woman died and after that the fetus thrashed around three times? Mar bar Rav Ashi said: That movement of the fetus does not indicate that it was alive. It was rather like the severed tail of a lizard, which thrashes about."

According to Mar bar Rav Ashi, the movement of a fetus inside its dead mother is not an indication of independent life. Instead it demonstrates reflex movements.  Here is one of those squirming detached lizard tails.

i saw this big lizard outside but it wasnt moving so my dad told me to poke it but it still wouldnt move so he threw mre a board i hit the lizard with it then it crawled at least a few inches then my dad told me to make its tail come off so i put the board on its tail then it crawled away and left it bloody tail beside and it started scwerming around enjoy!!

Mar bar Rav Ashi's explanation does not however, apply across all cases of the death of a pregnant woman. This is made clear by the Talmud in Arachin 7b:

Rabbi Nachman said in the name of Shmuel: A woman who sat on the birthstool and died on the Sabbath, we bring a knife and cut open her abdomen and remove the fetus.

This teaching clearly allows for the possibility that a fetus could survive the death of its mother. In fact the Talmud expands on the teaching of Mar bar Rav Ashi.  The observation that in cases of maternal death the fetus dies first seems to only be true in cases in which there is a "natural death." However, in cases in which a pregnant woman was executed, it is the mother who dies first, followed by the demise of the fetus:

ערכין ז, א

הני מילי לגבי מיתה איידי דוולד זוטרא חיותיה עיילא טיפה דמלאך המות ומחתך להו לסימנין אבל נהרגה היא מתה ברישא

This applies only to [her natural] death, because the child's life is very frail, the ‘drop’ [of poison] from the angel of death enters and destroys its vital organs, but in the case of death by execution she dies first.

Gruesome as this discussion is, the Talmud is likely correct. "Natural" maternal deaths that occur are likely from causes that will inevitably have led to the prior death of the fetus, like massive hemorrhage or sepsis.  In the case of execution, the sudden death of the mother would occur before that of the fetus. Thankfully, the execution of pregnant women no-longer occurs in our society, but a similar outcome can occur when the mother is a victim of severe traumatic injury.  We will return to this when we study Arachin in the Daf Yomi cycle.

Maternal Death Rates

Between 2000 and 2020, eight countries recorded substantial increases in MMRs: Venezuela (182·8%), Cyprus (107%), Greece (101·1%), the USA (77·9%),
Mauritius (62·1%), Puerto Rico (55·9%), Belize (51·3%), and the Dominican Republic (36·0%;)
— Khalil, Asma et al. A call to action: the global failure to effectively tackle maternal mortality rates. The Lancet Global Health 2023: 11(8), e1165 - e1167

Maternal deaths are defined as by the World Health Organization as the death of a woman whilst pregnant or within 42 days of delivery or termination of pregnancy, from any cause related to, or aggravated by pregnancy or its management, but excluding deaths from incidental or accidental causes. Worldwide, there are at least 287,000 such deaths each year. A recent study of maternal deaths in 115 countries noted that there are three main causes: Bleeding, high blood pressure (leading to complications like eclampsia) and infection.  Here in the US, maternal deaths are among the highest in the developed world. Each year, 700-900 women die from pregnancy or childbirth-related causes, or about 17 per 100,000 live births. By comparison, the rate in Israel is fewer than 3 deaths per 100,000 live births - the third lowest of all OECD countries.

Maternal mortality rate estimates for the period 2010–20 Figures created with data from the UNICEF Data Warehouse.2 (A) MMR estimates for Brazil and the eight countries and territories that recorded substantial increases in MMR between 2000 and 2020. (B) MMR estimates for the three countries (all in sub-Saharan Africa) where MMRs in 2020 surpassed 1000 maternal deaths per 100000 livebirths. (C) MMR estimates for the three countries that recorded over 10000 maternal deaths each in 2020. MMR=maternal mortality ratio. From Khalil, Asma et al. A call to action: the global failure to effectively tackle maternal mortality rates. The Lancet Global Health 2023: 11(8), e1165 - e1167

Tragic as each of these deaths are, it was once a lot worse, and in the nineteenth century doctors played a major role in causing maternal deaths.  In Vienna, Dr. Ignaz Semmelweiss (d. 1865) noted that the death rates in one maternity ward were three or four times higher than in a second ward. He suggested, after much sleuthing, that the cause was the dirty hands of medical students. These students came straight from performing autopsies to examining their pregnant and post-partum patients, with no hand washing in between. In an era before the germ theory of disease, his suggestion that something was carried on the hands of the medical students was widely ignored, but he instituted compulsory hand-washing anyway. And within a year the death rate dropped to zero.

Over the past century the maternal death rate in the US has declined by over 99%, although there are still significant racial and economic disparities. Passages such as the one we read in today's Daf Yomi remind us that for centuries, giving birth was a dangerous experience.  

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