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Founding Rabbi
David H. Auerbach
 

WOMEN AND JEWISH LAW

There seems to be a great deal of confusion and misunderstanding when it comes to the role of women in Judaism. There is still a segment in the Jewish world, which persists, in treating women as second-class citizens, segregating them behind a “mechitza” (partition) in the synagogue and restricting their full participation in Jewish religious life. Justification for this state of affairs is expressed either as “this is what the Torah mandates” or that “women are on a higher spiritual plane than men and do not need to fulfill all the commandments required of men.”

What commandments were women traditionally exempt from? “Time bound” positive commandments (Talmud, Kiddushin 1:7). This means mitzvot that must be fulfilled at or within a given period of time. (Lighting the Shabbat candles no later than 18 minutes prior to sundown on Friday is an exception to this rule). Why this exemption? Because in previous generations, when there was a more clearly defined division of roles in a household, women were responsible for taking care of their children’s needs (and the needs of the males in the household) first (i.e., before their own needs). In order to spare them the conflict between serving God and “serving” their husbands and children, our tradition freed them of those obligations, which would have resulted in a time conflict.

From this, three implications clearly follow. The first is that the exemption was sociological (i.e., based on social conditions) and not religious (based on some Torah principle). The second is that being exempt (i.e., not required) does not mean being forbidden. Thus, a woman is not obligated to put on Talit and Tephillin to offer daily morning prayers, but she may do so if she chooses. Nowhere is it even suggested that she must take advantage of this exemption. The third implication is that this exemption is totally and completely man-made; it has no Divine origin. It comes from a male-oriented and male-dominated society and that never seriously considered females as equals.

It is sometimes argued erroneously that because the Torah considers women to be “ritually impure” during their menstrual cycle that they are forbidden to touch a ritual object (such as a Torah scroll or Tephillin) lest they transfer their “impurity” to the object. The Talmud (Berachot 22a) makes it abundantly clear that inanimate objects cannot become impure.

What about calling women to the reading of the Torah? The Talmud (Megillah 23a) states: “Everyone (all Jews) may be called to the reading of the Torah, including women and minors. However, our sages ruled that a woman may not be called to the public reading of the Torah ‘mipney k’vod hatzibbur.’” The phrase appears to mean that it would be offensive to the dignity of the congregation. In plain language, it would embarrass the men. In Talmudic times, when you were called to the reading of the Torah, you didn’t just chant the berachot. The expectation was that the honoree would actually read the portion from the Torah. Since all men were taught to read, and most women were not, calling a woman would imply that not all the men present could read. It appears that for a time some women were called, since a further stipulation was made that not all seven of the required Shabbat aliyot be given to women.

Let’s be honest. The synagogue in pre-modern times was an “all male club.” Women were seldom present except for Shabbat and Yom Tov mornings when they were relegated to the balcony (behind the mechitza) and denied any role in public worship. We are all familiar with the expression “children should be seen and not heard.” As it applied to women it was that women should neither be seen nor heard. Our tradition specifically states that a woman’s voice should not be heard. The supposed justification for this was that a woman’s voice (like her body) is sexually alluring and would distract immature men from keeping their thoughts pure and their attention focused on the worship at hand. But of course women, being more mature and never having sexual thoughts, could see the men and hear their voices.

The bottom line is that when society was entirely male-oriented and male-dominated, women were restricted and confined to supporting roles. There is absolutely no religious justification for barring women from full and complete equal participation in every aspect of Jewish life. The very first chapter of Bereshit makes this abundantly clear: “God created humanity in the Divine image; in the image of God was humanity created; God created humanity male and female.” (Genesis 1:27).

It has taken a long time for the greater majority of the Jewish people to recognize and accept the full equality of women in Jewish life. To my mind, among the most significant Jewish events of the 20th century have been counting women to the minyan, calling women to the Torah, the ordination of women as rabbis and their investiture as cantors. Jewish life has been immeasurably enriched and enhanced by the inclusion of women’s voices. We so desperately need the perspective and vision that only they can bring. It is my hope that we not only benefit from their inclusion, but that the segment of the Jewish world that still denies them equality will come to understand that nothing within our tradition precludes women from full inclusion in all aspects of Jewish life.