I have heard it suggested that the biblical book of Genesis is really just the story of a fractious family. That’s basically true, I suppose, and the family story told by the biblical text keeps on rolling this week in Parshat Vayishlach, telling the story of Jacob and Esau’s meeting to bury their father, Isaac.
It’s also one of a number of Torah portions in Genesis that includes a negotiating session. This one is, in some sense, a life-or-death dispute: the time for Jacob to reckon with Esau over the lost birthright has finally come.
I’m not all that interested in the story itself at the moment. I want instead to talk about something that legal education has made me sensitive to: bargaining practices. Let’s look at the negotiations that appear in Genesis and how the conduct of those negotiations gives readers literary clues and a bit of heightened drama in the associated stories. Continue reading