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.