XXXVm. No. 2 Tevet 5759 THIS ISSUE: IN -ea -~ ...... a-<><>"--=----
4 YEHUDIT ROBll'iSOl'l INTERVHiW 6 Hamevaser Exdusive RABB! OR, .JONATHAN SACKS WOMEN IN JEWUH UFE. LAW & LORE Bible l 4 Pandora: The "Eve" of Destruction Y0OIANMi DONATH 15 Yetzi'at Canaan: A Speculative w,,,.,.hr,n TZVl NOVICK 16 last Words to Her Brother ASHER FRIEDMAN 17 Chuldah: H<',rn,n,-., EUE WEISSMAN Rabbinic Literature 8 Yotse'ah Ve-Roshahh Parua' DAVID REGEV o~vid iturgy Benjamin 24 The Hundredth Berakhah Shari Rosenberg DAVID KRIEGER Yehuda "' 26 Women and Ma'ariv REBECCA FELDMAN
30 :LSKY 33 A thodox Jewish Life? RABBI. YosEF BLAU
DR, RIVKAH TElTZ BLAU History 35 Women's Activism in Messianic Movements OiAN!E WEISER KADQEN Contemporary Halakhah 39 Hafka'at Kiddushin RABB! AARON RAKEFFET-ROTHKOFF 40 Kiddushei Ta'ut: Annulment as a Solution to the RADB! J, DAVID BLEICH 42 Af.Hen B'Oto HaNes !LANA HEFTER 48 The Obligation of Women on Purim· and Chanukah Mon Nov1cK · REVIEWS 51 Yorn lyun: The impact of Domestic Abuse on Individual, Family and Community REUVEN WEISER, BENJAMIN RESNICK 52 CyberTorah . JONATHAN PR!CE 53 Overview c,f Recent Orthodox Jewish Periodical Literature MORDY FR!EJ)MAti . 54 t\aganotes: of Recent Anglo-Jewish Press YOt-JATAN KAGANOff 55 Book Reviews: Anne Frank: The ,..,,~,1.J1,ov, SUSAN G. JACOBS Texts of Terror SHAR! L ROSFN8ER(J to Isiae1 and at the deluxe I I and $1,317 from Los \Vith hV() So you.r
drearns. ):'ou can also earn free hckets tilld vvith either of EL i\l::s traveler clubs. (~aH Y<'Ur travel or 1-S(l)-EL .AJ_, SU_N
p,;,CkA§/: fr~::i•n l l /20/5-8 - J/JJJ/~19. {hni dwdt
HAMf.VMiUl, 1evet.5759 3 ·o··' ·.·.... ; 'ur generation o( women curre~tly graduating from · .· college is the best-educated yet in Jewish history . . · . In both general and Judaic studies, we have far sur- passed both our mothers and grani:,lmothersin the scope of our knowledge and our opportunities to attain it. That we have access to this knowledge is a privilege for which pio neers such as Sara Schneirer have_ fought and continue to fight. . . ,· . . ' ·. Our generation, then, has been blessed with a respon" - sibility, We, the women have a responsibility to use what we have learned and to share it with others. We cannot limit our intensive exposure to the Jewish texts by which we lead our lives to high school or a year's study in Israel; rather, we need to continue to grapple with these texts in which our traditions are transmitted_ throughout our lives. We must work with the communities that have raised, educated, and will ultim~tely absorb us - to continue to . seek and welcome our intellectual contributions and to encourage and foster our involvement in academic reli gious, and communal matters and leadership. Finally, together, as a community, we must work to address prob lems that pertain to women and to men. An issue such as the agunah crisis is NOT a women's issue; it is, rather, a · · · · vate concern of ·shalom bayit, but a communal concern of shalom kehillah. Yeshiva University is the epicenter of contempomry centrist Ortho~~x thought. We, at Stem College for Women and Yesl\iva College, need to set the standards by which we will define ourselves. Perhaps Stem College's recent practice of purchasing and rehabilitating buildings is a metaphor for the requisite communal transition presently occurring. Stem has maintained the buildings' exteriors, while redefining and remodeling their interiors. What women's learning will enable~ then, is the strength- - ening of the foundations, roots, and spirit of halakhah; our collective learning helps us become a more halakhic and dyn~c coven_antal community. -YKR -
Jnin rh.: ~.ooJHJfJ ;·~n,iinf nn:~\f-:. i1n ,fr OVER 1.50 BRANCHES N1mONWU>E. \.VCb Sift.~ Vll\'VV-/: vvatCd.1-ou~t:'-.corn. ltJ receive VCtUr wE,n,,Jn'lkPr bro~·hure British Jewry the various groups w,,ll most of my connecrions .both with the· Haredi w(n'ld. a,nd Hamevaser Interviews with the !3'nei Akiva world. We do get aiong together. l think \Vt have an inT bl sponsible press, which cares less and less, and knows less and less. of the halakhot of Chief Rabbi of the United lashon AH: ln Israel, there is a 'Chmda!' (haredi Le 'umi) community; in American ebrew Congregations of 1here arc cn,m1nu1w ri{ those who hold 'B'nei Akiva' yet share some ide, the British Commonwe.alth vlogies with the Harcdi cmnp. Is then' such a center in Britain :0 people from both sueaiKe:,s from both groups - that's extremely RS: British Jewry i\n1cril·an nonUal. in term, of of the many of them, at the Orthodox and non-Orthodox. Of the people whereas in the past AH: And there are those who the · affHi,itcd to Shu!,· and !hat itself is o perc·tiw,,ge than i11 Arnerica - 72% are affiii RS: I believe the gap is much more aied to CJrt:hoclox Shi1ls, ()f thnse \Vho get Ali: Sanw. have commented that Orthodhxy than real~ and in ~orne cases even created that 1hc press. Chaza!, as yun knuw. s,1id cxtraor· .rnarried in i3 Shut. over 8{Jl.i0 Orthodox Shul. So it remain; a nr.-•n.,mnu there scerns to be a distinct Haredi corrunu.ni- about /ashon hara; they said it ly tradHion~:i cornnu1nity. and sorne of the 1y and B'nei Akirn·,:,pe community, and rhey was wor,e Hum gilui an1yo1, avodah wmh be rnernbers seem iv be al odds each uthe1; and damim pot together;they spoke even more so than in the United States. To And what did they m,,mbers of Orthodox Shub. lF}uu does the auribure this 1 mean? I believe that only today, with the sheer power of the media, we are beginning community ·· RS: I think I would attribute this to the par to understand what Chazal meanr ... that ticular nature of the media today. is a word, can heal or words can kill, that tendency today in all media in the States and constitute the fabric of relationships in sod· in BriDin to focu, on ,·onflkt and the re:mll eties, and When we USC \VOfUS !() shock Or i;, that, for instance .. when rnmebo AH: Whm the the .naure: British ,vhere five yearH agct~ l launched a. very roof caH.ed Je\vish to pmmote not only day schools but 1t'-\-Vish education at t:very leve11 infonnal alld ontreadHype pro- giwus. ~ind· ihat has new ,netJ.'.t~d \"/ith out O\V!i t:qui...-ah:n! of UJ.t\. we c;;.dJ .i, UJL,~L the \.\·'hen i br;~~an ~L t:: ·v,.,- 1t \.'/! ;Hld L:-,n1c t.JUL hu[ United Jc.whh hE1el AppeaJ: '.\tJ nnw our 1+;h(if { \\:i~nii;~gj i~.'; fdVC 'e-t.:;;s JtV/11c;h f~J}!tjca_] large~t fundrnising, charity ic, ,:qua!!y coH> RS: VVe have yet tq se;: and r rn :.un.~ Wt~ ~thi!o;}ophy tb~it cnH!d be UtK.h::r~:rtJfJd by nnn mitred to ,llpporw1g Israel and streng1lwning ,,,1;il1 -- sGnle wonderfully i:nspinng nev,,, Jew~ ,E weH 1 and ~t ha~, bt~en. I looked at tht;~ J.cwi~h identity in Britain. T!wi h,ic; created approaches t.o Torah which .._,nnH:' out of tht conu:.pt c;f brit tn1d tri{:d tu ex.ph.tin hov/ ;t an ixtraon.linary outburst of i!1novative pro ",ynthesb of d~ep Torah karning with rhc ~o(:i;;d co\.-'enant differ\ frorn a ~_,ociaJ [~ontract, gran1s, V./c nov; have-, throughout the \Vintt':r r:·nJcrging st.::ite of secuhu di\cipliflc.s, rn give and 1 rri:.:d tn l,,ok ar v1ha1 JtHJal~n1 rnight bn::ak..) thousands upon thousands of people you an example. \Vhen ( \.Vih ;it univtc-:ity< j have tn ~ay :ribuut 't-vbat h t aHfd in ~_,c.1nh: cfr · going to karning_ events ---- days of ieaming 1 had a very gnod friend t'~11le 7 onr· ancJtbtr ar any point. Nt)w f_:ihviously, 1 gro,.1p~ IO \ISi." ii Se,frr Torah. J,Od Wt: (l,1 nm ,:in1 n1uch n1ore pt~ssirriistic than l wns five a}k,,, ,hem 10 llke pb.:~· in ,1 Slwl J! a time pro· vcars ,Hi,,. when l ouhii,he is, fnnu the Cba:c;:sldic iA-'OrhL or !ht ·Ye: hlv:1h n1,1-r1t1ef ()f Ref pos,ihly do. !f you could per~u.;de a Steven - the Soncino; so \Ve rnade our uV/n contri taught a\ part ()1 the natiorw! curricuiurn in Spielberg· to wear a yarmulke and put on butions, and ! hope rlnt we'll conimue to every pub!ic. schooL \Ve' vt; just 1\,\'o v"·;.~ek~ tefiili11 -- maybe he doe, wear a varmul.kc and make our own contributions. In lsraeL all the ugo had a green paper - th,H i:< ;; pnhr:y paper put on 1eji/lin: I don'! want to he chmhuf key Jewish questions an: questions in the frorn !ht~ Horne Secretary ,. on fan1dy pohcy. b 1k 'sheirhn. But if you could d\) that. for public do1nain ---1hey're in the str~et; the-y~re in \-Vh1ch I had a shart · in :.1dvising tht• gov" somebody like Steven Spielherg or the many not in the ·Shul or lh~ schooJ or the- borne, So t""·rnrncnt. Those rhing·-,, I haven-t chang~'.d rny other people who are heroes for many young if you want to sec JuJaisrn in the rr.:slna nlind on ~d :dl -· the nece:~s.ity fn-r a rnur.al people, you wouid rnstantiy adikve the kind harahbitn. you·ve got t_o go to hraeL That's ~,ociety, the nect·ssity for putting connnuiry of Kimv success that you Dever imagined. It why I say that every young child in the goiah or renewal on our ag~nda those thing>, I doe~n't mean to say that will change people's must spend serious time in lsrael; because il' havcn"t changc:d .. ~nd r've s:-:tn people !)Ver live:, -- l don't mean 1hal at all; l me:m it will you don't spend time in Israel, whafs the year..., buy lnto our \-Vay c;f fra1ning thing:-;. open doors that otherwise will h:iVc been Judaisrn? Ifs a congregarionl it's a rdipion. I arn rnucb rnorc pes~trni"'tic th:1n i Ve/as closed. That's vv'hat you think of ir as: ifs e,nJy when a.bout hny rapprnchenie:1!. betwcf_·n ()rthodox you go to Israel that you ~ee it\ a peopic. it\ and Rt:forrn Juda!srn, or even bet\veen rdi- AH: In the Chief Rabbi y buok, to do and yi1uld he1 n1t1re in rnoderatc and stiB rn_aintain an Todav vou have a ,;odety in which every the :'Hotiern (Jrlht.1de:c cotNJtUH?il_v; sottti' h,:n·t? thing, i~ 'do your own thing;· ,:1hica1 rda· articles.,. J inH H'Otttiering wlua the view wa.~ .:tbout h'hat lies ar the tivism has taken rnol: we can't even - in America. you can. but in Britain. vou can'1 even say that a two-parent family 1, hdtcr RS: Wdl, y0u know. Haym Sohiveit<:h1k than H union or a cohabitalion or n one-parrnt family ·· you can't even say this gave a \'t:fY init'T('StiHg cs.u1,c1mrn,,, w!Jidl l huve in one pf rny books - f anymon:. A11d therefore the pressures which society nre t:nor- l:an ·r ren1ctnbt'r \Vhkh because I wrnle·quilt' are anu-Jewish in a lot - rhat the shif1 to the ha, been rnous, and therdore, to maimain an rnused by the and political dis- um, you have to move more to the lrn:::a,ii:m .<:>f Jew, ~_v;::r ~-iIJ&l'c.JlJL Ru~M-~a.,,n'---'t""h~e=refore. to_ som,; pogroms. am! lwcnuse of that. Jewish life has nwved from life tradition to book tradition. delighted to sec the And r ve seen that: I see it today -- you know, , right. However, if a move to the right means first of a!L the first lune we saw it was abom le·ss tolerant, that is u11,acce,ptr,ble, ,wenty years ago. when who had because I think the more you are. the l?abbi be/iel'f: rhar the beha,rd in a '"""~u"m way for centuries and more medakdek you are with mitzvot, then centuries .. that was the minhog hamakom - automatically, just as you are machmir bein peaci! process in Israel ~rill a!l(JJ.1· nioderate Religious Zionism to tf.lke rout? suddeniy stmtcd changing because they swrt- adam ! 'makom. so you must be machmir bein cd reading the mishrwh bernrah. and they adam /'chaveiro. and therefore you have to RS: lf rhs: peace prnces, in brnrl sucereds, didn't realize that the mi.1'1mah berumh be careful about lashon hara, and you have then ,he biggc,t in Israel will lx records traditions from Eas!1crn Europe, but to be careful in the opposite direction 11bout imem«l -· in other worJs. c:rn we live not neccs:mrily from Central or We,tem ahaval and darkhei no'am: so I say, l"r, and ,ec-ular: what is rhe form of Europe, which may be just as n!d or even how· come there hasn't been a move to the the Mats: ,hat we w:mt'? 7joni,m solved the okkr; l mean. ftalian Jewry. for instance. has on mitzvm bein adam l'chaveiro'1 problem of medinah; it never even tried to customs dating way, way earlier than Eastern we need that just as much as bein ~ohe thee problt:m of ow;'Fa/T:-Tnc;re ~iIT\Tif--"tmi'ope. -~'c-1:1:re'-misrmrrfr-fnm:m::th---atiam-+'mttkmn,-·-- ·------·-·- .... ------darrn:ntal differen;;:e bdween state and sod- became very people started behav- ety, and 1herefvn: l am very troubled that no ing like the mi.,hnah bernrah. In England, for AH: I was to ask about !ms- one in brae!, to my ~)wiedge, has sat down many years, for over a century, we used bands, but HaRav already exm,2rniell and ''"'"'"'"'~''' a theory of society. Zionism sorm,thing called the Prayer Book, was the theory of the .h~\vish state~ where\: RS: We will not allow a recalcitrant husband Llie theory of a Jewish Ii''" a very, to hold any position of office in a shul; we So h,,ve asked lhe hag. 1,xlay, many ,huls are using Artscroll. won't alk1,v him to have an even, We to otganize an intc'rna So Arhcroll is second book tradii.ion which believe that communal shame must be tional conference on that subject. \Vitb the has ,:hanged our shul customs; l think you applied to recalcitrant husbands. But it's mind;; of tht' Jewish world. of ail can"t avoid ihat. Sol think there·s some truth very difficult thing to do now with intema kinds, because I believe thar one hundred to bis tiom•.l mobility; the trouble is, we can have years after first Zionist congress and HowcYer, I think the more relevant truth all these wonderful things in Britain, but if years atkr the State brad, we have to is something different. What is derekh the husband immediately refuses to give his mtwe to Zionism It Zionism part J wa•, ha-emtza 'it? H irn ·t the middle wqy; wife a gel, and flies off to America or .to the Zionism of the Jewish state: Zion1sm part it is the way that allmvs you to keep an Israel. how do we exercise some kind of con- n .is the of ihe 3ewi&h or as Hbrium; so it may be like a see-saw - if you trol'? I don't think people realiz.e to what I'll pui it arKither way. when the word teshu have got, a heavy person on one end and a extent the problem of today is a rnot Iashuv, are used in person on the other, you need to move problem of mobility, and it can wke vast Moshe Ral:>beim.1 or by the ;.;enter t1.n.vard the person. The cen expenditure, and you know. the employment ;er of if you like. That is derekh ha· of detectives, to find a husband who emtza 'it. It is not centrisl Judaism, ifs is himself, and often hiding him· Judaism that allows you lo rnaimain an self abroad; so although we are doing our land; lihrium. And therefore. that depend:.; on how besL we still have ~ome unsolved ca,es, and ~~ ]e\V:-, much pre~:;ure i, put on the other side. they are very And that means we Now iCi; dear mt. that, for instance, if vou Nnw. l run upset Um; t.ik tnain Practical Sc5}sjons \Vhic:h c{1nfront is§w-~s ft\cing the- r,ilib1n<1t.:: and down the mild. Sl!cSS!ON I: Tme Ii'All,M A'!i CoNFIDANT: H,uAcmc AND L~f,Af,flAMn~c;ux1111s "DIH)P·Ov'T 1),:eNs" St:ssxoN IU; Bus;NTI.$$ E:nm:s · How we sHovu, /Iv!!.TIWC'f O!Jl? !MALfil B,,;nT TO 0)1'/DUCT &sJNE$.S 1-\11fi th~1t !~; \\·hy I ft:d that by heing proud a.ad up fn.mt as Je\VS \Vhl le a1 the :.,an 1c titne hdn2' n1oruL Join~ acts (it cheser/,. \V:.:~ trans, wtt hat,;r ~t br:~~u.i~c it dtY..:xn ~r h.,\vt~ an e~~tub ranc1:.~·.J \Vt" den'r need 1!'. So the Rt~f cr1mr~ and bt' a Rabbi hen:.· in the States. If'i a and ~o or~1 and those are very real pow~r'.' -, l i!hbcir!J,o(ld. f-Ie said, ·'that for me has fowish com1mm1ty of which you. Ye,hivJ never use them. i believe that you always remained throughout my life as a model of the OV, the RCA ~houid be very have to work influence. And the whal it is to be a human " And Chief Rabbinate has an influence over the then he tells us the name of this she was direction of !he Jewish community cnlled Sarah Kestenbaum. no alive: All: Does the 1ha1 :he mon·· which 1s very great. and it also has an influ- she's the relative of some very friends nienrs to1nprisfris the Jeivish picture ence over hf1\v the Jewish con1n1unity is per- of tnine, because as soon as I read this pas- non-Jews. whkh is also yery sage, I them up and l said. 'is that a -- ivill continue 10 But the truth is. as yon know, as relative And he goes on to explain, the Gem[lfa says in Shabbat 55 and as the this black Lutheran, that Jews do this kind of Rambam rules in hilk!wr de 'ot 6, thing because of their tradition of chesed - each of U$ has a ~p!Jere or intluencc; the Resh and he uc;cs the wurd chesed and !V1rs, Galutn has a of influence, but each Ke,tenbaum was a very lady. And that was one deed, and this now is forty of elnrnilY is - jus.t cr~ntinue tft er.,i~t Ifs lin1.chot 1,'aino rnocheh hu h"t.Ho years later. and this man, whom tb111 Sn:1,lar Zionhm hrHwo1•, Every one of u, has influence. could have guessed would become ·one of the OQ\,\ :J;ld it bec-n ev~r since the e~ta~ the pcr:1on with the greatest inllu- country's law ha~ never Hibn)cnt i~r the 5;t;1tt~ '= it did "';bat needed to cnce in the \vorid h~ a parent 'and to1onltn:n. St) each of us has infinitely more every of us ½'ill be pnr~nt8 .. hecause th(~ influence 1han we lhiuk, and that can ht> rHus.t -sutccssfui ,1f the llnit.t?:d achieved by one deed, So when the Statei doe:i> not h:;1ve ih<: infhl,.;nce over one t\arn:bam say~ in hifkhot teshurah that w~ \Jf' the citi1:~nt of tht': Unltt:d States that ev~ry ,lwu!d sec our next act as if it will affect the iather mother ha~ o,rer th¢!r i.'hil.:l Su each lxilance of the \\.:hole \'-.,Urld~ it i\ fflOre true.," ol' us has tmhe!ie,<1ble influ,:nee; mid we and more true than any of us ;,ur life. reuHzt, Pandora: The .•Eve• of Destruction it becom,;:s ckar from his descripti\)n. HcsioJ i, speaking hen: more uf the ne,:d for ,,>nc' than of th;:. need for a wife.) Hc,i,ld finally r1:c- suited hJ hi~ mind." lfhc mar, anct,,ra ii, Gres:k n~ytholo~!'.:' ant! Ev.: in ths: JJiblC. shar~ !llllll)'. (unmcndslhat r;nan1nlln)' ·•a good wtfe rnnliuuaHy i:omend, wirh µood.'' haractc:ristk~. The pura!!eJ~ arc cti,cu,,~I by a,•!~ ~ieii\f .rie,~ Mtts tilld' ~ht w.:lii1111i, ·'evil that pc:'h.1ps \ get married.37 problem; the disregard o a pro ttion 1s sec- 11 . . . , • · · • . . . . Yet an. other very important parallel 6ndary.. . . . ' . EC.~tratus:TheLlfenf""'?lfoJ!iusofTyana, Conybeare. Harvard Umversity Press, Cambridge, Tl"llIISlateiiby and between the Greek and jewish versions lies Fm~ly, the v1llam differs between the.-- William Heiru:mann ltd, London. lC/50. B~k 4, Chapter 39, in that in both, the evil ~ults or punishments two stones. In the Greek sources, it is the f~h I. ·...... • . · · d 'th · 38 d • a1· d h l'k ·. . . Plotinus: The Six Enneads. Translaledby S. Mac~nµa and are associate wi agncu,lture. Hesiod go s m t~e _an um~n- 1 e : ?eed. ~f a.s. P\'f, Ele HAMJ.VASH, Tevet 5759 Chuldah: The Unsung Heroine' ·------~-----"'-----~------··---· ·----- Hy L'Xplorin~ ChukLff "-, t k1ra_itikt ;,,v~ nhsj' dht:11v~;r ;J I:/;_'°",h l :1pt1nmch to the prc•iiCiU~ quc~tiun\, Tht "hu1tJ;.b p!t>"ent:-, u:\ with a hi-n- ake a pnll ,>f Jew, ac1uss the w.irld,i,, delcrrnin,· the mu0.! mrlu- tk"d ck,cnptiun of Chukh1h··. had;;zi:,•Jr,d "Ci1uhL.1h t.'1e prnph-<"!£,,. Tent1a! h0roa1e of tfH.~ 1anakh. ~,~.stncr rntght rt:<·en·1..~ th..-: niosl the \.vife tA ShaliHn the .,,,;n of Tikv4h the sun of Charcht-b, kt~..:p::r of vote:-i, V/ilh Devorah, Yael ~ind .Ruth cqo1petin1 !or a clo\C: ~cc.. the v; see tht' evil which J wiB bring upon this place.·~· (Kings H 22: 16-20) f;~~;~~~\hu10n~ art t~k:i.:11 f:r;rr. :n2sJ~Lt1.:,/!~mJlihk. K0rcn Fubi::hcrc.. '!;"-!h·:,t arrJ t'.Jnrc :-.:,. Bur,_,ld ;.-; ..ct. ;~r.;:_ 1 31 ~:~l::;'. :1~~,v~~:~~:t~::!:d,;;t~~~!'.'.~~~! ;:~~:~}i::v,~~\.'.::,:i~~:::: ;Bi£;;,~·;'.~i~~:;:;i;.'.;':i~';;:i ~~:~~:~~;~: :~~;:;!:~;;;;~,};:~ii'.:l~'.1,i;::;::~;:~::',;,;\;i:::::'.:~;1:::!~:.;~!; ever1 in postponing sunu11c-n1s the decree. f{e then all J~ws to Jenbalcrn come. RMi1 qui:st:uD;, thr i,J~r~ > 1 fu t.'hu!d(/h mT:ah ht.. h- J ;..·,·:i,d a p:--t,pb~t 1..h:i1 n ·:.dditior.ally. bo;h ~ ga:.h-:nng:, ~,j th.:! ~1.1pk Ulll ·~!iMt mt pur more promjnent prophet, first prophesies in the thirteenth year of fklS(' l,f );i:,piring me fKtrle in renew rhei~ ,1,mmnmi:nt lo Ha,/:e,i, Hn1Hy. R,i,;ifl i}~dai: 41., illt'.:'ipt\".t'< lht Si;rtf Yoshiyahu's reign: the scrol!- ,;vas found in the eighteenth year. "fnis (/Jt",J~rtm O:i~: .r~ s,,.,-mg tiMt th,: kinr mu:'lt i-it tit· cn2 r,; r,,d the Tor~ at lfr:Wi. i!S YN.-.iyalw did mtw- ccn~- ,,, ..,,,,h,,,,,,,« fro1n the ",;boon docks'' di solaces '"firmi\;ahu~ announcing_ a ipony. lt mi! he tt12t Yo•'fu_,1,itu '.4:.t':;. rn i:icr. irymg to ~m,ub,:tt ihc Ht;kfrt mud. I: J ..... ) Th;,: 'faJmud'~ 111:~·~r.:- ,~ 4:Jitc ~triking cwi:-:ick-rins th(· fact 1fla1 Chm'd.Ji!'ll r; rw:.h ;-, tiardl~ roflip-:1..,.,:.inr.art that defines Israel ·s destiny until the destnlCtion of the The 'Ti.lmtld qu1_itcc; ,mmher :m;-;\\C! that Yi111r:.\l1Ju had ~1,,k ft> rttum th,:: tc'rr b.~t rr;bt~~. Tht~ m~y br <,in:iisr to Ii.: Rurfvr;\ .tpprtM..:h. 1',,fon.:01_·i;:~. Yirwyah1/:. mi\-.;i0a, a-. i.kfinc Radaq, a,suming that Yirmiyahu was indeed 1he preicrred !~·~:~1~~·~~;:~:_;~~i:~;::;;;:~ ~~~:!·f ~~'.1::/:n::,::,~;~~ i~; :~~\~;,;;;Jlt~~-i:~):r\~1.~1t~t;~re }01h1 it!hU ;t~.~ ,lrr5d) propher.. exp!aius thar it wa~ the urgency of the ~inmion that morivat r.:muvtd 1hr 1dohnry bdor? the //ak.ht;. (hJJiJii~ :rN)irt'- hiJY! 1:, ~r, l :;it;p forth-er tbrn h::: :;irta;Jv h,fa .and lt Jd!J· ed YoshiyaJiu ro choose Chu!dah. Yirmiyahu wa, tmavaibblc. leaving f\;?~~;~~ 1 ~~ ~:~~:i~;t~fJe;ric 1 1 1 1 c,mrn:mdntrm~. ~11pk Chukiah :1, the only option. Rashi. quoting the 1alnmJ (Me1;1//oh !4bi, ihc ~:i _ti:ij·~/!::~,:~~~~}~; r;~~:~ ::·1:1: ;« r~: ~~;:~~;,//~::~;t::;;.:~ ~~: ~~ ~~~ i~P~: \~Jthm c.-ery,.fay l1i::. Siniilioi:dy. rtWfl)· i ~tales that the choice of Chuldah reflects a greater need for compas~ion i!:cr,· ;m:- r<>r:1.Hchbt'htt-e11 fii,kh,:! mJ ffo.! );r...;i. Hr;lh,.: 11!-lj hr, !I ··mtni-iiu, S1M:.'' JJ1 ;:;Hemp! 10 H'H1lfici r,,21.t'; ,{ 1httr i.(;m:t,illnt11L for "' nwi:-i: ,ldailt"Q ,fo... ~·u·:5.1on tlfl :ti~ wpi.: ·,;~t R::bb, \1, i ... "nashi1n rachmaniynt hein." Yoshiyahu choo~es the w;:,rm hearted k~.-f(j~.',:!_.. ·,'"...,~.!~.i-LC.,i,-~,. :,',J,·l:J.f/f.'-~.:,5,,:,•. ·.<,,. \~_?,:,·,_,'.,:,·~.';_,:,",:.,',,~.-,.~.·.,~~~.,-,~~-·,~,·.f... ;_'~,·-~'.( '. " ~ - r:-:: 1 r.. ,..,, ,.. _ ri,. _ 1 _ Chu]dah purpo..;cly, f:tg:.iinc,t the ;.ts~un1ption nf R,:1daq, as pt:u1 of his n . . -_ . r.. . . ;,;,-as.: &.t,~ <1ttrmm t,; t:'rmg fr,.- ft'V!1lonor: mto t!k ie·.--!sh ;-!'Ot!':t.~. ,\:1,.Jy,i_;, Jt 1!J." 11af•m: uf Kl 1!!J,-;f'! Pt_c:.,i, quest to redeem 1he Jcwh.h nation,-'.' )E~,H your jfiJ G. HAt111tv11.su. Tevet 575.S 17 'Yotse'ah ve-Rosbahh Parua':' : A,\Jn~epth analysis of primary sources regarding covering women· s hair then it's quite possible that _the ancient Israel that they should not go out , BY DAVID ~GBV Israelites also had a similar law. In any case, with uncovered head? RAv9 JUDAH hese are to be divorced with- our law already had precedents in ancient STATED IN THE NAME OF SAMUEL: l O out receiving their kethubah: times. .PENTATEUCHALLY IT IS QUITE SATIS T FACTORY [IF HER HEAD IS COVERED a wife who transgresses the Now to address our questions. Our first BY] HER WORK-BASKET [KALLATAH]; law of Moses (dat Moshe} or one question is: what is the source? ACCORDING TO TRADITIONAL JEWISH who transgresses Jewish practice The Mishnah in Ketuvot 72b, cited PRACTICE, HOWEVER, SHE JS FORBID [dat yehudditJI ... And what [is above, calls the law "Jewish practice." This deemed to be a wife's transgression DEN [TO GO OUT UNCOVERED] EVEN · · . .,__,-gaittsrJ.feWish prlictice?tioing--o"'ku..,t---seeiemsto indicate that the law.developed out ·wiTH HERBASKET l6N HER HEAD]. l l with uncovered hair [yotse •ah ve- . of practice. The Rabbis felt it important to According to Samuel, both the Mishnah a_nd roshahh parua'] ... 2 (Ketuvot 72a) codify the practice as law. However, there is the Baraita are to be accepted; the law is both The nature of the obligation of women another view. The Gemara ·there, refers to Pentateuchal and Jewish practice. ·to cover their hair raises several historical another Tannaitic source: And what is the sourc~ for the law in the and halakhic questions. To begin with, wh_at ... it is written, And he shall uncov- Mishnah? In Yerushalmi Gittin 9: 11 is cited a is the source of the obligation? And what rea- er [u-fara '] the woman's head Baraita:12 son and rationale is there for the obligation?· (Numbers 5:18), and this, it was Lo, it has been taught: The House , ,What does Parua' mean? Does it mean liter- taught in the school of R. Ishmael, ofSharnmai say~. "I know only that ally uncovered or perhaps unbounded? How was a warning [azharah] to the a writ of divorce is issued on . much hair must be covered, and does a wig daughters of Israel that they should grounds of unchastity. How do we fulfill the obligation? Must a woman cover not go out with unco_vered head [bi- know that if the wife goes out in her hair at home or in a courtyard? Do frua' rosh].5 public with her head unkempt [yot divorced women have the same status as The school of R. Ishmael seems to take the. se 'ah ve-roshahh parua'].:.[the unmarried women with regard to covering law as Pentateuchal. We find a less extreme husband may clivorce her]? · their hair? view in Sifrei to. Numbers 11: Scripture says, Because he has_ Before we can even consult the preemi " ... and imbind the hair of the found in her indecency in anything nent rabbinic commentators ·· and halakhic woman's head": ... the words of R. -[devar 'ervah]."13 authorities to help us an~wer the above ques Ishmael. Another matter [davar The School of Hillel interprets the verse tions, we must first tra~ the obligation back acher]: The verse teaches concern · differently,, allowing more reasons for one to to its ~liest days in the pre-Rabbinic period. ing Israelite women that they keep divorce his wife. In any case, a woman who The earliest source of which I am aware for their heads covered. 6 And while does not cover her hair is committing an inde there is no clear proof for that the obligation of women to cover their hair cency and deserves to get divorced. 14 This is derives from the -Middle Assyrian Laws proposition lre'ayah la-davar], derived from the Pentateuch, possibly giving there certainly is ample evidence in (§40):, our law Pentateuchal s~tus. We find an even (42) Women, whether married or its favor [zekher la-davar]: "And harsher view in Tosefta Sotah 5:9: 15 Tamar put dirt [efer] on her heat!' [widowsl(43) or [Assyrians] (44) 1 R. Meir would say: "Just as there who go out.into the (public) street (2 Samuel 13: 19). 8 are diverse tastes with. regard to ·(45) · [must::not have l their. heads The law. is derived from the Pentateuch but food, so there are diverse tastes [uncovered]. ·· (46) · Ladles by apparently Ol!IY as an asmakhta, a verse to with regard to women['s behav lm'th ... (47) whether (it is) a veil(?) which theJaw could be attached. Support i& .iorJ ... And you have a man into · .(48) ot'robe or {mantle?], (49) must needed from a book from the Prophets. The whose meal a fly falls, and he picks · l:le~; (50) (they must not have] source of the law doesn't really seem to be it up and sucks .it [for the soup it ;~ beads [unc«>veredJ. (51) Pentateuchal. absorbed] and to.sses it away,. and ~... (52) or... (53) or ... (55) In the Amoraic literature we find a cen then eats what is on his plate. This ...'~JD@tl l:le. veiled lbutl, (56) trist view. The (almost) full context of the ,is the trait of a bad man [rasha'], .~\-.;die,y pi; the ~~c) a~t · Gemara in Ketuvot 72a-b .reads; .. who sees his wife going around they sbtlt lsurelyt be .ANl> WHAT {IS DEEMED TO BE with her head uncovered [yotse 'ah .A WIFE'S l'RAN.SGRESSION ve-roshahh parua'] 16 sh,ameless AGAINST} JEWISH PRACTICE? before her boy-servants, shameless OOINO OUT WITH UNCOV- before her girl-servants .. .It. is a · . ERB]) HEAD. [Is not the prohibi commandment to ·divorce such a ti911. a&llU\St going out with] an woman, as it is said, When a man uncovered head Pentateuchal; for it takes a wife and marries he,; if then is written, and he shall c,ncover the she finds no · favor in her eyes because he· has found some inde wonialJ ~ head, and. this, it was wigllt in the school of R. Ishmael, cency in he,; and he writes her a bill of divorce and puts it .her wiS ·a w~ to the daughters of · in RAMlVASH, Tevet 5759 halld tu·1t1 .,endv her ,:-i,a t41th hou5-e hair. a0 the ·n;t1nutf !{1._'darbn ]Oh fe½tifie.s. \\\~ find t{ diffc:~r{~ni ?,,~~phHw.tior, ufh:tt:d in and she depa!'ts .out o..f his house. ,f'l1tn ~OIIictirn1.'.'.S covt·.t Hlt;jr Nian}:r.,;.r.c, RahhJh 9: i {;; And if she goes and becomes ,moth- hea,Js and -s·omet!n;e:i not; but r'\ND LET THE H/\JR ... iH) er nu1n :, "lVife (L)e.uteronon1y 24: 1- \von1en's hair is alw·ays 1..~nvered~ f..CK)SE (Nurnhep-: 5: 18}: W'hy·, 2) - and Scripture calls him ''a dif and <...'hiidren are ah-vavs barehead- Hecausr: it thual for the daugh!t':f\ ferent man/~ becduse he h; nor his eJ !8 .. of hcit~l tn have rhefr head_;;; ct::\---- match. The first man put her away So why ~pecificaliy nbJigaH." J. \-V{'rrn~-n1 in this 1::rcd, CorhequenOy, t.cvhen he hernusc of trausgre:;sion, and !hi, custon1:.1 Hncovt:rs the h21ir t__ :rf her be.ad, he other one comes along and stum- We had alreitd)' sc:cn !he ,1,,,,;yrn,n L,v,,, say;.; to !°k:r- ·You ha.vc dtpIH"fJ~d bles through her. The second hus They beg the que,t1on: what', ,he connce!Hin fnvn che \Vay ~,r lhi:~ daught~r~ of band, if he has merit in Heaven, het\iVeen rnarricd and uplJer class Vi.-'fJJncn'' f\tal:L who::,;{: hab!! it i~ tu have their puts her away. And if not, in the Perhaps up~-r das:, worncn are considered a~ heads covert:d_ and you have end, she will bury him, since il is hcJonging _to a certain sc)cial group; unc doe'.._ c.vJ!ked in the \Vay:" crf th,: idob said, Or if the latter husband dies, not deserve. tn beho! AVAILABLE ONLY • 19 ~lte~& ·~itb . an · unveiled into the streets· with a bare head, removed? Th~ simple answer is that we are ··~~.~ disgr;aces her head; for while a woman goes out with her told that-in the verse itself. However, I have ·tliiJ is,Qno;and .~. same as being head .covered?" .He said to them. explicit proof that the Rabbis thought so. ' ahi~: (~) If. a w9man is. n!>t "The matter may be compared to Tosefta Sotah 3:338 expands: ~ltod, iet her be sheared: and if it is the case of someone who had com- She wrapped a beautiful scarf [sud- di&gr;aceful for a woman to let her- milted a transgression and who is darin;39 for him, therefore a priest self be .sheared or shaved, let her be ·ashamed before people. Therefore takes her cap [kippahh] from her veileQ::.(13) Judge for yourselves: the woman goes out covered up head and puts it under foot. She is it proper for a woman to pray to (out of shame for their progenitor's braided her hair for him, therefore a God unveiled? ( 14) Does not nature sinJ."29 priest loosens it.40 itself teach you that ... ( 15) .. .if a The law is connected to the Original Sin and Here we are explicitly being told that the woman wears long hair, it is a glory given the following reason: shame. The priest both removes her covering and loosens to her? - because her hair has been Original Sin is used differently by The her hair, in that order. ·This is also seen in given for a covering. (16) Now if Fathers According to Rabbi Nathan (version Pesikta Rabbati 26: .. · anyone seems to Ile coptentjoys, we~--.1~+)--14~23::.:0,::;·_~... _·-. -.~ ..... ,-,.~.-.---. '--'· ·-~---'--+--·~I~e_rell}iah went on: I.say, With whom ·-'--" ·-· do.nofliave such acU:~torri. nor do . Ten decrees were decreed on the . . . may I be compiired"? WitfiTfligh the churches of God.24 First Man and ten on Eve: ... she Priest who w.as chosen by lot to Paul, who himself tried to abolish many goes out to the marketplace with give [a woman suspected of adul~ aspects of Jewish Law, takes a very stringent her hea9 covered [yotse'ah ve- tery] "the water of bitteme~s" to position concerning this 'Jewish custom'!25 roshahh mekhuseh] as a mourner.31 drink. He bared. ·her head, disar- He testifies to the existence of the law, and The reason here is the following: mourn- . rayed her hair, held out the cup to probably takes it even further. According to ing.32 · drink-and saw that she was his him,.the reason for the law is Na.tural Law, Now we can move on to the third and mother!41 woman's hair is her glory, and, therefore, it most crucial question: what does. p.r. '. I shall cite several sources tb show that must be covered. It also seems to have a sex- mean? Does it mean to uncover or to disar0 this is how much of ·Rabbinic literature ual connotation, which is why it's so impor- ray? A number of sources can be read like the understood the phrase. First. of all, can the tant for her to be veiled during prayer. Paul latter option, thus allowing women to walk in word really mean "to loosen''? .Yehiel Jacob even realizes that the community of Corinth public with bare (braided) heads. However, Weinberg42 claims: no. He claims that the will be unfamiliar with this Jewish practice, many sources explicitly say 'covering.' The root p.r. '. is really two roots. One is with an and therefore defends it with the disclaimer whole commotion begins in Numbers 5: 18, 'ayin and with a ghayn (written as an 'ayin at the end. Numbers Rabbah, just cited, also which we have already encountered. with .a dot on top). Since the Hebrew Ian- s wed that e custom was 1stmct y w1s Numbers 5: l rea s, concerning t e guage oesn eren a e e wee se in those times. punishment of the Sotafi: two letters, the two roots, Were later confused: Tiiere is also ~ 1tradition for a similar After he has made the woman stand The former means to uncover and reveal, and view, appearing in""Philo (of Alexandria) before the Lord, the priest shall the latter means unburdening. Accordingly, Judaeus' Special Laws 3:56, regarding the loosen· [u-fara.'] the hair of the in usage with "hair" it could.mean either let- sotah: . woman's head and place upon her ting the hair grow, or unburdening tfie head The priest taking the offering hands hands th~3eal offering of reme- from its. cover, respectively. It could not it to the woman and removes her brance. · · . , mean loosening of the hair. Therefore, kerchief, in order that she may be The Talmud in Sotah 8a34records a .Baraita: Numbers 5:18, which could not make sense judged with her head bared and A PRIEST SEIZES HER GAR- in the former meaning (for what is the priest stripped of the symbol of modesty, MENTS. Our Rabbis taught: and accomplishing. in just letting her. hair grow), regulady.\VO~ by women who are let the hajr of the woman's head go must. take on the latter. meaning.43 This. is . . w~Ily mnocent26 27 loose [u-fara']. I only have here . very nice-if it were relevant, Just like in • h is now:a m.o4~ty issue. this continues mention of her head; whence is it in Numbers :Rabb3h 8:9, derived thll;t it applies to her body later literature the :word often means "to •· · In the innermost ~rts of thy house [that he uncovers her bosom]? The loosen,'' it could have similarly meant that by · , (~ms 128:~), implies ~t when text states, 'the woman's.' If so, Rabbinic times. The fact that "u1ara"' was ... ~ conilUcts he~lf in ;tccordance what is the object of the text declar- reinterpreted as "loosen" demonstrates that.. · ~th the}e• religion [ verse thas; He \Vd.ts;;hcJ her t!Hfd he ·-0 :r;.. b:r thtii ii(.ctd·,_ Thf-.. i!;·i;½ ttfr'~ '!!;\>.,1:p!H,n Phdn t\nd the pr\est ~haH \-~aH;s.c the ~landing outside the th1nr ui h,.:r /:\(CtH'dlO,t' In hifn, unty VJlHllcf) V,;°i"'.i' 0 the oi'I "..Vith her palrns :1nd put her chief rqrular!y vvorn bv women. H, :il,n con - By the later TJnnaitic iirnct,. ~h t·vidcnced by hands upon her head [ to anoint ill. ti mit·, in 60: our rce.,t~arch :-,t) faL f.tD obliga!'ic,n :,,v;t', pJai:.x:-d again'-;t He then ~ent up witncs:-ies 1 Whe,1 thc,e prelirnina:·ie,, are com calk:iJ ·Jev,ish custnJn "' {;dat reluuidir' _L it her and came 10 R. Akiha and said pleted. the woman i, to come tm turn;-. lHH that therr_" 0 "i on!y om:_· "'otu\:t· vvhich tt, hirn: 'HHve I to give such .1 ward with her head indicak'\ hnv-1 thh wa\ Uont~ The ftvh~;hnah 48 woman four hundred zu;:r Bm R. lttlCOVt' !Hf'47 , .. Sotah 7a rufe.;;: 5~ A!dba said to him: Your argument We have also seen this continm:d in PmiL, /\, priest :,.;ei.ze\ h(-;r g:..1nnent"·- .urn,! is of no legal.~ffeet, for wheff one statement,, about unveiled w•~nien. he UDC('.!VC'fS her b<)SOiT,, affJ.--he injurts oneself though forbidden, We have seen Sifrei, Number~ Rabbah undoes tsoff-'rl her hair, R. Ju£bfi he is exempt, yet, were other, to 9: 16. Genesis Rabbah, and the Fathc,s s~ys: Jf her ho:-;01n was beau1ifuL h~ injure him. they would he liable: so According lo R. ·.Nathan49 explicitly taiking dt-ic'.; not uncover it and ! f her haH' also he who cuts down his own about women's heads being ''.covered'' wa\ beautiful. he drn~s not undo plan1s 1 though nut acting lawfully~ Similarly. according lo Rav !l.59 C'mekhusot"J. is exempt, yet were others to [do it], R. Judah" the priest kave~ the Shesheth (in Berakhot). it would make little they woi'rld be liable,'55 According to uncovered. wrnr1~m 's hair the way it v.:as, unc(1vered and sense to have a woman's 'enah The law was transgressed by uncovering the braided. ---PerhjpS. Ho~ever, ac.cc,rding to We find an interesting Tannahic source, cited hair) not loosen·ing it. 50 \vhai we've s..;ajd. that firq the wornan \ head in Yoma 47a: Finally, Midrash Panim Acheiim 6 (ver- i, uncovered, fulfilling !\umbers 5: l 8. ,mt! The sages said unto her iKimhith]: sion 2) states: lo merit such then her hair is h)o..;ene,L acc(1n]ing to 'the What hast thou dune Conie and see how much is !he two high (by ,vay of rihbui;, it. [·glory, that yo;1 saw mtrit of Shimei', wife. At the time derash of that verse ,ons, on one fulfilh phe,is, both your that Zadok and Abtathar fkd, for :-r1akes n1uch •.;cn~c. After th,~ priest the day]?. She said: Throughout Absalom wanted to kill lhem, they the Pcntateuchal ob1igat.ion. he i'.; reyuin~d to ___f_ja_,,ys of my life the beams_ ofnr',[_ .found the door to Shimei's house fulfill the. exegetical one if it dc}l..::sn~t_ieaf!_to the piait, of house have not seen open. They entered there and low the \Vornan \; beautiful hair U) he vie,.:vect_60 There my hair. They said to her: themselves into the well. ered We no,v rnove to our next question: hoiv were many who did likewise and Immediately Shimei':, wife came 5 l much'/ The continuation of the Gemara in yet did not succeed. and spread a cloth over the well. . Ketuvot 72b reads: We learn here of an act of pious women: they and scattered .groats on top of it; for R. A,ss, STATED 11' THF r>aA:V!li OF R always cover their hair. This makes more it is said, "and the wife took a cloth. YOHANAN: WITH f\ BASKLT sense if the letter of the law only required. spread it over the .n1outh <-?l the vv'r-dl, fK.4LfA7Affj. ON HER l~FAD A V'/0'.V!AN} covering in fewer drcumstances, but no! if it and scattered P,TO(ltS Oil !Op of it" (2 iS NOf GL'ILfY OF [GOING OUT \.v1i·r-(I didn'I require actual covering at ~IL Kimhith Samuel 17:19),56 and she uncov AN CNCOVEH.ED flE0\D I f(YISF'ltN VL didn't let the plaits52 of her hair be seen, ered [u-far'ahj her head and sat on· RUS'HA.Hfl PARu,i ·j. fn co_ncerning this implying that that's what one's obligated to the cloth that's over the mouth of statement, R. ZflRA P01NTED OUT cover in public. fa addition, the Mishnah in the well, like a woman doing her THIS DlFFJCULTY: WHERE [lS THE Bava Kamma 90a-b stale,: duties. The servants of Absalom WOMAN ASSUMED TO HE]? If it be ... removed his garment from came and found her sitting with her If he suggested, 'In the street,' [it may be uncovered [para'] lhe head uncovered. Absa!orµ's ser upon him, objected that this is already forbid head of a woman in the market vants said: Is it possible that right den by]Jewish practice; but [if she place, he must pay four hundred ,eou;; ones are sitting in the well and z11z. This is the genera! practice, this [woman] is sitting on it'1 though all depends upon the digni Immediately they returned. The ty fof the insulted person!. R Aki ha Holy One, Blessed Be He, said: said that even the poor in lsrne! Since these two righteous ones have to be considered as if they are escaped through her, two righteous fre,imen reduced in circumstances. one~ in the future will descend from for in fact they are the de~cendents her. .. -And whn arc these7 of Abraham. Isaac, and Jacob. It Mordecai and E~iher.57 once happened lhat a certain person H makes link sense that a woman would uncovered the head of a woman in !oo~en her hair when going to the bathmom. the market place and when she She would, though, take her kerchfof off. came before R. Akiba, he ordered Now I would like lo cite all the sot..n:es the offender ,o pay her four hun · brought as proofs for the latter (i,:nienl) dred zuz, The latter. said to him, option in our question and evaluate them. 'Rabbi, a!low me time [in which to Out of all the ones cited thus far, none seem carry om thcju H,U,UVASUl, Tevet 5759 )~( ~· a. oow:tyard:· {the objection sewn, or with a hairnet [kavul] into ified, since 'going out' naturally implies the [if that were so the street, or with ... 65 courtyard too. This is against what we've ·•.·-~,--~that 7 , t~<~~ t9t leJve. our father It is difficult to see a woman going out with seen so far. 0 A~.,.l~lel daughter who both ribbons and a head-covering. It seems There also exjst& a gray view. ~- Zeira in · ' ~ temain with her husband! - that her ribbons might be enough .. S~ is at Ketuvot. 72a brought up· the. possibility that .. ~~. OR rniioHT Bil. SAID, RAV most wearing a cap (kippah). We have also R. Yohanan only made his statement regard · 'KAl:{A.. NA,61 REPUE~.,ffHE STATE· e!lcOuntered Rav Shesheth in Berakhot. He, ing the courtyard, but the law in public is MflNT lU!FERS TO 0~WALKS] presumably, would not allow any hair to be more stringent. We find this interpretation in FROM' ONE COURTYARD INTO ANOTH• revealed, for it is a sexual incitement. Yerushalmi Ketuvot 7:6: ER IIY WAY OP AN ALLEY.62 . [IF, SHE GOES OUT] WITH HER R. Yohanan seems to allow a basket as a We can now move on to our next ques·- HAIR FLOWING LOOSE-in the head-covering in public. This is far from tion: Is tbere an obligation at home?_ MoSt courtyard did they state their rule, stringent. However, Samuel, who we ~·aw of .the sources talk about the wife g9ing out, all the more so in the alleyway before, a contemporary ofR Yohanan, dis- im~lying that while _she's indoors; she's n~t [mav.oi]. R. Hiyya in the name ofR. ·. .·· agreed. R: Zeira and ~e later· Amorai.m fol- ?bhgated. The Assynans, too, o~ly forbade 11 Yohanan:. ''she who goes out in her --- lowed Samuef;R.Yotianan. coula6eoofeno:-~-1n-i,ubttc:"'·-Accordin~ to ·tlte-source~---wig [KAPLA11N]1 l is not su1:ije"-r1.b ed against R. Zeira. The first objection saw a woman's uncovered hair as an inde- violating the rule against going out assumes that R. Yohanan agrees with cency, it should be also forbidden indoors, at with ·her hair flowing loose [YOT- Samuel. . However, Samuel lived in least when others are ·there. Kimhitfi covered SE'AH ·VE-ROSHAHfl PARUA '].". That Nehardea, and R. Yohanan in Tiberias, very her hair indoors, bufthat's only bi::cause she.· which you have said applies· to the far ~way. Both were the heads of their was pious. In fact, her piousness seems to be courtyard, but as to the. alleyway, Academies. R. Yohanan could easily dis- that she covered her hair indoors, even she is subject to violating the tule agree with Samuel. He probably didn't think though she's only obligated outdoors. against going .out with her hair of combining the Mishnah (dat yehuddit) The next question: is 'courtyard' flowing loose. There is a courtyard with the Baraita (Pentateuchal). However, we 'home' or 'public'? This question does not which is tantam~>Unt to an alleyway, · don't know how he felt about the status of the apply to those who would obligate women and an alleyway which is tanta· courtyard (question 6}. The second objection even at home. One could argue that the court- rount 1? a courtyar~. A courtyard is based on a Baraita quoted in Gittin 89a: yard is like the home, and that the only prob- . 1.nto which ~e _pubhc way breaks If she ate. in the street, if she !em is only when the woman ·is in public; through-lo, it is tantamount to. an quaffed in the street, if she suckled after all, the repeated emphasis is on 'going alleyway._ And an alleyway which in the street, in eve case R. Meir out.' One. could also arg:ue that .since ·the t~ pub he way does not pass says that she must leave her bus- 'Jewish custom' came from the sociological . .·· · ·1~ · . . . . courtyard. .. band . R . Akib a says sh e must do so reahty, the law was never decreed .at home; · . . as soon as_ gossips who spin in the since women probably. didn't cover the1r Acourtyl'\fd 1s not t~en as obv1_ously tanta- .moon begm to:alk about hey. R. he.ids at home. But why argue, when we have mountto the street !he. Gemara 1~terprets R. ~ohanan b. Nun. thereupon s~d to texts? The Mishnah in Bava Kamma and the Yohanan. the: ~ay 1t_ dtd :fle. M1shn@, and him: If you go .so far, you will not Mishnah Avof According to Rabbi Nathan ends up restncting his leniency to the court- leave our father A1?raham ~ single both explicitly talk about the "marketplace." ~ard. The legal differences bet~een the pub- daughter who can stay With her We similarly find in Sanhedrin SSb· he and the courtyard are apphed to 'Jewish husban~, whereas the Torah says: If WHEN RAv DIM! CAME HE SA~ IN custom.' We shall return here later. heftnd m her some unseemly thing THE AME R E · ' ,. . N OP. LEAZARINTHE What about single women? Well, the (Deuteronomy 14:1), and 1t further ·-NAME OP R· H . A . · · A ·h · It if · · . ANINA. 8 EATHeN A.ssyrlans certainly seem to have allowed it. says. t t e mout o two witnesses WH . . · . ..oi ~il thi ~th of three witnesses OALLOTJ,.l)A BONDWOMAfl TO HIS This might have been the ancient Israelite shall ~- th,ing be estabJished (vs. SI:AVE [FOR. CONCUBINAGE] AND custom: The passage in Sanhedrin 58b 14); .• lllld just.·. as there .the 'thing' THEN TOOK HER FOR fIIMSELF IS EXE- implies that it is the ·custom of unmarried must be.e. learl.y """'"rtai.·n d,. ·,h cUTED. ON HER ACCOUNT. From_ • ·women.. not to cover their heads.73 ...... ~ e so ere whe[ h dd th . ;.·must·.. 1... · ·, ·.. ., · .....,_,• .,,._,. 63 n ts s e regar e as e. part1c- .... . 'U'i' .c,ear,y asceurum,u. . . . Furthermore, the Mishnah in Ketuvot 15b .I.:¥~ t,, Nun's argument is elearl" ~larWh_. con_cubhmefr of th~ slave]? rules: ··· .••,,. · ···· _., ,· , • ·. c, ., ... en 1s s e ee agam [tooth- lf a woman became a.widow or was tban. R'. ~ s 8; there sa big ers}? -RAV HUNA SAID: FROM THE ! divorced [and she say~. 'Thou didst ~:· Che IGsjng_,a wi{cl and llot see- TIM£ THAT HB BARES HER . HEAD 66 marry me [as} a virgin/ and he jo·tia ~ ~e. , ·. ·· ... •. . [YIPRA • 1IN .THE sTREETsP · says, 'Not· so, but I married thee !_ ,. { .... _. \ .•.. ~- ·.• ., :i ; ... , ... ·. S~ 3:3, ~ the other hand, the _Mishnah Shabbat [as] a widow,.' -,-if there are wit •-~-~.~oa.iywea®ga scarf'. 57a differentiates between a hairnet and the nesses that she went out with a V:l?'}Y: .. t¥t inuc:h various ottw items with which a woman may hinuma and her head uncovered We~sohav,e. not go om into public. A.hairnet is forbidden [roshtllih parua'],. her kethubah is ~:::~ only into th~ street, but the M.ishnah 64b tells two hundred [zuzJ.74 Similarly, the M1slmah in 28a ltlso rules: '~ ictal; ·Mishnah us, A may go out with ribbons ,:\>' woman The .following are believed on testi made of hair ... with a hairnet and fying when they .are grown-up to with a wig l;'ah nokhriri8J into a what they have seen . when they ~rd.,. were small: A person is believ~ on A~ and a wig had to be explicitly qua!- saying .. .'I remember that that HAMlVASH, Tevet 5759 · woman went out with a hinuma and the passage in Sanhedrin implies that women Said R. Abbahu: '/Whatever resb uncovered head' .. _75 stopped covering their hair when they on the hair is called a lock Both these Mishnahs testify that women did became available again to the public. But the (pe'ahJ."89 n't cover their heads before they got married, matter is not so simple. The Yeru~halmi in A 'lock' is not merely a 'wig.' Now, what b even on their wa:y from their fathers' home to Ketuvot 2: I says; a 'kavul'? We find in Shabbat 57b:90 their fiancee's. Furthermore, I believe these . SHE WENTFORTH ... WITH HER And it was likewise taught: A Mishnahs teach us something we didn't HAIR FLOWING LOOSE. R. woman may go out into the court understand before. The same phrase ('.'yot HIYYA IN THE NAME OF R. yard with a kavul and a clasp. R. se 'ah ve-roshahh parua "') is used both here YOHANAN79: "[TIS ON ACCOUNT OF Simeon b. Eleazar said: (She may concerning a virgin, and in Ketuvot 72a, THOSE WHO Wl;INT FORTH ON THE go outj with a kavulinto the street regarding a married woman. The problem DAY OF ATONEMENT ... go But if it is too. R. Simeon b. Eleazar stated a with the married woman seems to be that because she went forth with her general rule: Whatever is [ worn l she's acting as she was before she was mar- hair flowing loose, and witnesses beneath the net, one may go out ried, as a virgin, ·and not a~ if she's singled concerning her give testimony that therewith; ~hatever b I worn( out to her husband. she had not had sexual relations, above the net, one may go out with it.91 -·--·_ ... :. " ..,. · 1 . , 76 . . ni~. should we not take ·account of the We see that 'kavul' has a similar definition. woi:e: ~:0::; !e~:rh:~;? F=,;n:n;,._ ,-- · p?sqtJiltiityhthatt she mf ay have beet:n a virgm a e s age o consumma 10n So it makes sense that 'kavul' includes all could argue that all the sources (Baraita in of the maniage? That is to· say, a items similar to it, including a 'lock. ·92 We of the Ketuvot 72a, Sifrei and Numbers Rabbah virgin at the consummation now see that women also used to go out in marriage,· who remarries, does not 9: 1677) that use the phrase 'the daughters of public in locks and hairnets. ., women. go forth with her hair flowing Israel' is referring to all (adult) Conceptually, two can argue over However, this is not necessarily the authorial loose ... 81 whether a wig is considered as part of the at all clear. However, it could intent. Moreover, most women used to be The text is not wearer's body. If it is not, then perhaps it Gemara interpreting R. married young, so there's less of a chance of be read as the should be permitted as a head-covering. We to cover . the phrase including such a minority group. Yohanan as obligating all divorcees find this argument in 'Arakhin 7b: · One could also point -out that the Sifrei their hair, even those still virgins.82 IF A WOMAN HAS BEEN PUT . cited a passage about Tamar as a prooftext; Perhaps we can get some clarification TO DEATH [ONE MAY USE HER and Tamar was unmarried. However, the from another source from the Amoraic peri HAIR]. But why? These things are Midrash itself admits that there is no _proof od from some non-Rabbinic sources. Out of forbidden for any use? -RAB SAID: for the matter. Moreover, it is quite possible · the Aramaic incantation texts that have been [THIS REFERS TO THE CASE] WHERE that this consideration was not part of the found in Nippur, No~B.is~''a.charmfor a man SHE.HAD SAID:.fiIVE MY HAIR TO MY authorial intent, as nothing of it is mentioned and a woman, particularly against the DAUGHTER. But if she had [similar in the text. . Lilifus; .. made out in the form of a divorce- ly] said: Give my hand to my Another argument could also be based writ."83 It c~ntains: · daughter, would we have given it to on the two sources that blame Eve for the ... [na:ked] are you ·sent forth, ·nor he(? -RAB SAID: IT REFERS TO A law. There would be less reason to differenti- are you clad, )Vith your hair dishev- WIG. Now the reason [for the per ate between married and unmarried women, elled [satirJ and let fly behind your mission] is that she had said: 'Give for all women are the descendents of Eve. backs.84 . [it],' but if she had not said: 'Give However, these sources are quite aggadic, The spirits loosen their hair when divorced, [it},' it would have been as part. of and it is difficult to give them with much his- like humans. This implies that the head is her body and forbidden [for any use]. But this matter was ques torical weight. . uncovered before the disheveling. tioned by R. Yose b. Hanina, for R. The best "proof." I believe, is from the ·· statement of Rav Shesheth in Ber.a:khot. He· Are 'foreign locks' only for foreign YosE B. HANINA ASKED: WHAT ·reads a verse in.the Song of Songs as teach- women? We've seen the Mishna:h in Shabbat ABOUT THE HAIR OF RIGHTEOUS 64b. It allows a wig ('lock') to be worn on WOMEN, AND RABA HAD REMARKI;D: ing ·. that a woman's hair is a sexual incite• the Sabbath i~ the courtyard only. Before we HJS QUESTION REFERS TO [THEIRi ment. It would ma:ke. little sense to restrict WIG [is it destroyed like the rest of this to married. women.78 If this interpreta- deal with the meaning, a technical problem must be solved. That Mishnah .listed both a their property with the inhabitants tion is correct, then, what we have is Rav wig and a hairnet; however, the Mishna:h in of the idolatrous city, or is it part of Shesheth being the first in the tradition to 57a only qualified a hairnet in forbidding it to their heads]? The question of R. obligate unmarried women in covering their be worn fa public only. What happened to the Yose b. Hanina referred to the case heads. It might have already been the custom [such wig] its hanging on a peg; wig?85 It seems to be that a wig is included of of many. single women to do so. but here the wig is attached to her in' ~kavul.' Why?86 First of all, what is a . Alternatiyely, one may argue tha! once Rav [head], therefore the reason [it is. pe'ah nokhrit? Rashi87 explains that it's a Shesheth offered his interpretation, it took permitted] is because she said: type of toupee that a woman wears so that upon itselfa life cif its own. Rav. Shesheth did 'Give [itJ,' but if she had not said she could appear to have more hair than she not realize the import of his words, but what 'Give [it],' it wo1,1ld be as her body does.88 TQis means that it's not a wig in the they say cannot be altered. and forbidden·93 · that's not conventional sense; it's something The plain sense of the Amoraic statements is if she's not married anymore? The the hair, ·but for blending What there for covering that there's a dispute whether it's obvious the law applies is supported by _the Ass~ans tell us outright that in with it. This that one's wig js part of one's head. The to. widows as to married women. However, Yerushalmi in Shabbat 6:5: · ( contlnu,,d on p. 57/ RABBINIC LITERATURE HAIIIIVAsia, Tevet 5759 23 SMl'ASANI· KIRTZONO: . .,· . ·~; The Hundredth Berakhah Natrunai replied . . . to teach that av DAVID KRIEGER cannot create berakhot, but in another place . eating through a blue, worn Shilo sid he seems to state exactly th~ opposite · that they should be careful to bless dm, I fondly remembered the m_any we can create blessings, even after the time them and not rely on answering L amen because there is a fear of years I had prayed from one. I turned of the Talmud. The Magen David concludes to the birkhot ha-shachar and noted the con that Rosh means that normally we cannot death [sakanat mitah] for one hun trast between the large print of the birkhot create berakhot, but we should keep customs dred Jews every day like there was ha-shachar and oddly small print of the regarding berakhot, even if they have no before David decreed one µundred omen's berakhah of she'asani kirtzono, clear Talmudic source. Instead of rejecting · berakhot .... placed under the men's berakhah of she'lo our minhag to say she'asani kirtzono ~ith Becuase an imminent threat of death 10 asani ishah, as if it were an infrequently "shem u 'malkhut", we must understand the exists even today, the Shelah allows a . recited prayer. The next day, using an meaning of she'asani kirtzono and its basis berakhah she'aina tzricha, an um:iecessary ArtScroll siddur, I immediately noticed their as a berakhah. · blessing, in order to fulfill the me'ah layout of birkhot ha-shachar. Artscroll Our daily responsibility to say one hun berakhot. The Bahag11 even counts recital places the berakhah of she'asani kirtzono dred berakhot provides an overall frame~ of birkhot ha-shachar among his list of the next to the berakhah of she'lo asani ishah!. work for the birkhot ha-shachar. Naftoli mitzvot. Because of the importance given to Perplexed, I decided to determine the status Weider notes that the term me'ah berakhot the me'ah berakhot, on days like Yorn Tov of she'asani kirtzono and its relationship to means birkhot ha-shachar in the writings of and· Shabbat when we do not say all of the she'lo asaniishah.1 · many Rishonim6• Thus me'ah berakhot has me'ah berakhot, the Gernara suggests fulfill As I tried to find the source of the . a strong connection to birkhot ha-shachar. ing the requirec111ent by making extra berakhah, I realized that it has no Talmudic There are two sources for saying meah berakhot on besamim. basis; Rav Ovadiah Yosef2 cannot even find berakhot. The Gemara in Menachot7 classi Despite its suggestion, the Gemara does a Geonic source. He concludes that women fies me'ah berakhot as an obligation: "Rav not allow these extra berakhot to count s ould sa she'asani kirt ono without the Meir sa s that a rson is obli ated to sa amon the hundred for weekdays. We must ''$hem u'malkhut" (God's name) and bases • one hundred berakhot daily." ·- According to conclude that these me'ah berakhot do not his reasoning partly on the Rosh who pro Rav Natrunai Gaon, to contrast, David represent a precise numerical figure of how claims, "she'ein l'v.?l_reikh shum berakhah HaMelekh instituted me'ah berakhot when' many berakhot we musi say, but rather they she'lo nizkera-b'talmud." In other words, plagues ravaged Eretz Yisrael. The Tur8 identify a specific collection of berakhot. reciting a blessing whose source is not quotes both rei!SOhs as sources. for me_' ah Rav A:mram, though, suggests that we had a Talmudic.constitutes reciting God's name in berakhot; the reasons do not mutually con specfic one hundred berakhot, but we lost vain. Rav Ovadiah Yosef refuses. to accept tradict: them.12 The R.ishonim and Acharonirn echo women's recitation of she'asani kirtzono And also l:>ecause many people ate this position by taking great pains in listing with a herakhah. He even encourages all unknowledgeable and do not know every one of the hundred berakhot. 13 If we · teadlefs to stop the current mistaken practice [the berakhot], it was decreed that can say any hundred berakhot; why ·would of using God's name when reciting this they should be read in the shul and we need to know which ones to say? bl . ~' . people will answer amen after Three of the· me'ah berakhot seem ~- ·' .· · . Perhaps Rav Yosef should have noted them aQ.d, thus, fulfill their obliga unnecessary, and the Gemara in Menachot .the position•of the·nu-J and the Shulchan tion. But, it is definitely an obliga- specifically stresses thern14: "Rav Meir ~; .wlm<'botli imply that women shoul_d . tion .{hovah] on every person .to says, •A person is obligated to say one hun~ i~f s~'asarii kirtzono with "shem bless them [like] that which R' dred berakhot every day ... • R • Meir says, 'A · ... Both the l\if .ind the Sht1lchan Meir said ....And Rav Natrunai person is obligated to say three berakhot .~the ~itati<>n ofshe'asanikirt· [GaonJ replied ... [that we should every day ... "' Rabbi Meir requires me' ah n,with the recitation' of she 'lo say the berakhot because] King herakhot, and he requires these three specif~ •i ~e.are obligated David z"tl decreed · one hundred ic berakhot among the hundred: she 'lo asani ~h~ berakltotevery berakhot ... because every day one goy, she'lo asani_ aved, and she'lo asarti .. ·._. evc,i 4.IY, ;le:'lo asani hundred waple were dying .... ishah. By juxtaposing the two sayings of ' bl~$ '. .slit~(fili ··The' B,ach9 also explains · that the two Rav Meir, _the Gemara identifies these three . .. die Rash, sources compieQteni each other: blessings as paradigmatic of the hundred. ll®,eailbe That which ·cttie Tur says]. ,;but it is On the other hand, they need identifying . 4efinitely an obligation" ... _In other because they may seem superfluous: "What words., no person shoi.lld. rely on does he bless? [He blesses] she'lo asani iUlllwenng amen and not bless by aved. [But} isn't this [the SliIJle as the ~-.. him,: hilllself, .• because it is sunple that berakhah of she'lo asani] ishah?" The it is_ an obligatiQn on Gemara responds with_ the following words: . .··~'."'!·· evety®i::~ .. and he cites what Rav. "Evt!d zil. tfeC' The Rishonim 'dispute· the "She'asani kirtzo110 deserves a place alongside she'lo asani ishah because it shares the sa1ne halakhic status. Both berakhot ste1n froni the need Jor me'ah berakhot. '' punctuation and n1t:aning of the la;-,t \-VOrd betakhot to the- n.: I th,•111- RY R!lJtBCCA FEJ,U;.i4"'>; not heir cu~t,,m w accept upon selvc:, the obligation of ma 'a riv, nor he topic of w,-1men imd the rtfi!lah did the ,·lwkhamim require it of them. o:f nut ·a riv i-:-; a fascinating one. for This position of Ramban slcms fwm in its prebing. l,n,~ n:\ eals the ;,i'·' the understanding that refi!iah is a deeper essence ,1f prayer in its various commandment of a ,olely Rabbinic cxtertSHJns, Indeed, the nature of miturc: thh s!and, in ,ontrnsl lo the nta 'a riv~ f)()~ition ,vithin the e.volutlon of ;g opinion of Ramham. 13 who believes rt'filitih into liturgical forn1 .. as vvcn as ~,..,.--i$<~~"""" 1,:jillah's priodpal origin to be how \rnmen an: \\'(Wen into this rich .b.iblicaL 14 Haml"mn.ae.Jtau:,;,,!!J:e.llu.su:u:.~ tapestry inYiie some e'(plor:rtiun. · OnEzra and blc tu o!ht:r mit:mt asdi s!u:ha:man g f'G· his Sanhetlrin amid the Babylonian man. po~itive pr,·cepts rhat arc to be ful- exile from Israel following the filled within a prescribed time.2 destruction of the Beit HaMikdash. Nevertheless. the Gemwa3 teache~ that. Before this time, prayer had been exe- duc 10 rhe facr that tc_f1!h1h "Rachamei cuted in any mode, any fashion, at any Sinhu, " ,;omprises au appeal w God's time. Fearing a mass assimilation with mercy, women are as ubiigated as mm. neither centralized worship nor a The Gemani !Im~ indicates rh:n altlwu2lh structural format of prayer, Ezra for- tejl!ii1h b ostensibly a,soda!ed with mulaled a universal text, established time-constrninni mil:;vot, the concept of specific times for prayer, and ordained supplication somehow fashions an exception to ,he normative that ma'a riv should be said at night Operating with the reasoning relaiionship beiween women and such mitzl'(1f. \Vhat is the nature of Rambam, lHagen A,·raham15 writes that once t ·that rna ·arh· assumes a reduced forn1 i;Jf ,"'-rf!.:fu_gh f¼"-·i•w~'n 1 · • ~ • -:~J.-.: for his but Vi:n1.,halmi \'t~t)ifrr;f 1<2 !;_,r ;.d1nn.1,k po·",..;11-i!it:1 rather, histork. ') 1 \Virile Rash{2 l agn:'cs with the ba~ic iU K Ocvid that the es~cnc·e of prayer is as it is set forth he to add that rhe no1ion of bukas!wh is forcdu! w ;\':.:/f':,h l ! Htt11'/l1LUY!. f-hikh:1t ':.J,. SoJoveitchik \VOnJen in rna 'a,rir vv;::IL Rav 12 h1 lw, !J,1.· ..1,ngof l{1 R,,s1rrhm11 reaches !he ~ame conl'lu,ion Rashi25 a muque con!1uence abo Sfw!dwn Andh l!1d{1n of the of Rwnh1m1 and Rwnban.;•.; l .ike ! ,i l!ifk!wt Tt'ftllah 1·~.).h. l4 lb!d .. j J that the ·e,sellce of is it\ munifcsta· Ramhmn, he believes IS O,·a,·h ( !Uti:?.,i of the to serve God ,vith all one's hearL hih!i,.:;;l free from time·constraints, that, c,J11·,e,.1un11u women are l6 Beraidwt 2{1b incontroverlibly ib biblical compnnenL However, l 7 ('Jw.liin 9 J b. Tehtflim 55: ! f teaches lhat frr_,m Reb Hayyim n,,v,,,p,,,_. this conclusion; Ar:,;c:w!i once the elementally equal between men and women had heen laid in its biblical stage, it i~ to any hi,;tori. Sec Rahbi ''!"it1LfL1k ElbugJ~n·a,, ,,,,,,.. ,,,.,,,c cal eventualities. ·chutah 1-laHistont, pp 7-g~7li_ It ¾hOi.tifJ .1bu '.k nokli th:11 thic. rninhag A dfacussion of the issue of women and ma'arir has by the du1.¾:ho,niti~ ;,v.:ts; only 1,1t..ab1.:-d in Eae·ef and v--,,·a_., rhn effede"d in therefore brought other, more aspects of to It fault ofthi, ;c; that it .~h(H..:ict ha;,c: Unk effr:ct upq-n is such a discussion that could perhaps provide a fresh perspective lion~ for lhi<.: difficulty ·Ad!. to, and enhance, our 1 .~.~~(;~~~~~~~ i~'a. ;e!:~kt~,:~:;;v;~ts .~:1;.(\1~:1·,1:~~h~:~~;:l:; :(~'1:9. ::-~~\;~;,;,;:~hl;;~~h :~,;~,:Ji::; NOT1'S 'J~{i!lah l :6, uri clarifo... ation of th..; k!"'rn dn /ah Aet·a Ser ah,) F,,uh f.t:!)f!-~Jf t(; i)itrt'i :Woshe f:_'.;. ,1,,,·n,<.;i!>e t I wish to expres~ my gratil.udt to father and tcach.;t Rabhi David iv1. VaX_·,if2fi and R. f'v1c1\h.:' H:.1lbe:-.:,tam··1 {h} 2(1hl 1.hat ma·uri; Feldman, ,and to my brotho:r and teache-r Danie! Z. Fdd1nan for tf1cir con- Yehoshua:\ opinion Bera.k!wt nvm,,,.,,,·,r, tejiflafl. 1 he~ :.tlso tl1 tinued excellence anJ guidance, and for directinE me to certain sources. in he(\}ffiC 3 a,, weH othi:r <;11;:?:~e-e.;tlon\ aa;; ----··-- --·rs.even!mle;;;;:·,m:rumcsr I 27 j for divorce is unnecessary, although Rabbeinu BY llAJlBI .MOllDBCHAI Wlu..IG sents its author's position on these sensitive and complex issues, which despite his limita Gershom forbade, under pain of cheirem, Rosh Ko/lei, "l*xner Kolle/ Elyon, RIETS 6 Revised from his anic/e in On:lws Aliyah 2:2. Kis/ev 5756 tions, may enable us to better understand the divorcing one's wife_against her wilI. Torah's timeless message. Moreover, by Torah'law, a.man can have e Torah reflects divine wisdom. As A.Mitzvot more than one wife, whereas a woman cannot T:elieving Jews,. we look to its Halakhah recognizes many differences be married to two men. Here too, Rabbeinu mmutable laws not only as a practical between men and women. By categorizing Gershom iss.ued a cheirem against polygamy, guide, ·but also as a source of transcendent these differences, ~e may find it easier to both whic.h can be rell!X,ed only by one hundred· rab ethics. Normatively, we may not merge the anaiyze their independent motifs, and to estab- bis. in cases where the wife is mentally unable Torah's two roles. Even if the perceived reason lish a unifyingtheme among them. · ·or wrongfully unwilling to accept a get.7 As a or ethical basis for .a law does not apply in a One such category is the female ~xemp result of this· distim:;tion, an unfaithful wife is particular case or era, the practiced halakhah tion ~m time-dependent positive command guilty of a cardinal sin and the offspring of her remains binding. Nevertheless, searching for ments. Also included in this category is the adultery is illegitimate. If a married man has the meaning of mitzvot is desirable as it deep fact that a woman's obligation to study Torah illicit relations with an unmarried woman, the ens our widerstanding' and appreciation of is limited to its practical dimension and funda siil sis. less' severe''' and' the' children' are untaint-,' TeflHl aae its Di,,)ilte Sgwx.e, 1 meot?ls of faitb 3 Womeo.are oor required ro·· ed ' ·, . ' ' By definition, this application of limited· learn Torah every day and night as men are. Also Within this category is the halalchah human intellect to the infinite wisdom of Many reasons· have been given for . these that a wife'.s vows can be annulled by her. hus Hashem's·Torah ~. and possibly distorts, exemptions: Rav Moshe Feinstein4 writes: band, but not vice versa.9 A wife assumes the the Torah's divine meaning. Humans not only Aside from the great reasons for the customs o~er husband though they conflict err, but are invariably the products of their mitzvot which are not known to ordi with her own. 10 Why? time, plii,ce and experience. This fact, however, nary people, nor even learned Torah . Perhaps the reason is as- follows. did not deter Torah leaders from expressing scholars, but which Hashem keeps for Polyandry is prohibited because of the need to their views on ta'amei hamitzvot. Especially in Himself, there are simpler reasons establish pa~nuty. A woman who has two hus times when Torah was attacked and falsified which are clear to. all. Hashem built bands cannot be certain who the father of her by its critics, they saw the necessity to clarify into the nature of all creatures that the child is. This uncertainty; which would under alld expound Hashem's laws, based upon the females will raise the offspring. mine Torah society, does not exist in the .case classical sources. Humans are also included, and the of polygamy. ThewQfks. pf the Rambarn in the medieval nature of women is' best suited for As a result of this distinction, marriage.is period and of Rav S, R. ~h in the modem rinsing children, which is .their most defined as a man taking a woman. Ultimately, one are riowthemselves classics. Nonetheless, important work for the Sake of she enters his home, and not the reverse. Smee lliey conmin'some ideas that today's Torah Jew Hashem and His· Torah. Therefore he can have two wives. he cannot be viewed .as finds ,difficiult. to accept. This phenomenon they are exempt· from studying Torah entering his wife's home, because he cannot be j~ not W vi~ed $ a criticism of oontem and performing time-dependent posi~ · in two homes at once .. ,·~ 'lbrah. Jewry, It lllerely reflects chang- live commandments. Therefore, the man is the active party in ing ~ in. the world of Torah, as the Rav Feinstein adds that the exemptions marriage, and can effect a divorce unilatei;ally; · · . · · thire is .nQ definitive apply even when circums~ces change'. Thus, he brings the woman into his home if she con, the rich women of generations past, and the sents, and sends her away, by Torah faw, even women· of today, whose hired help care for against her will. And since she enters hjs their, children, are still exempt. Similarly, .· home, he can annul her vows and his customs ';.;a~~=~!: · thougll ~ey are oot occupied with childrear are determinant. ·· . .-of a single~ ing, u'nmatried and childless women, or those Her adultery, like polyandry, can result in . . '--~;bas ,' •, .. <,' ' .. •whose children are grown. remain exempt doubtful paternity, and· represents unfaithful from these commandments despite the fact that ness to the man whose home she has entered. ttie: ... --..11 reason dcies not · 1 . These considerations do not apply to a married ... .. ; ' ..~ .... ))ivOffl! appy. man, who may, by Torah law, marry another ~,ty . The laws of marriage and divorce.are .also wife . . 'tlet\ -. dU'[erent fol'. men and women. The man, is C. Private Role · ' '.--~bodl~.a.i~vorce,.~ethe . The ~t category is the most .elusive. .. ~1&.~ve.• ByTO$hlaw, her consent There are many 4istinctions between men. and HAME.VASH, Tevet 575,9 women which do not fit into any of the above halakhic differenceH between men and women: reward exceed~ that of men. two classifications. For example, women are· Time-dependept and time consuming positive K Ti.eniut · disqualified from the monarchy, and according mitzvot. marital law, and public activity. Yet The private role of the Jewi~h woman i~ to the Rambam, I I~ all positions of author they all relate to one unifying theme. Hashem, expressed by the Psalmist:22 "Every honor ity. They are alsp disqualified from formal tes in His infinite wisdom, decreed that only able princess dwells within." Unfortunately, timony in a heit din, although their credibility women have the capacity for conception and this idea ha<; been misinterpreted a, a put-down is unquestion~ as evidenced from their ne 'e childbirth, and He created them differently. In to Jewish women, who allegedly have been manut be-issurim.12 His Torah, He gave laws and exemptions to relegated to a hidden, unfulfilling way of life. Women are not counted for a minyan, help them raise their offspring. Marital law, In fact, this very same verse describes the which is relevant, in limited cases, evetJ to too, reflects this basic biological distinction, greatest person of all time, Moshe Rabbeinu. To~ah law. 13 Finally, women do not inherit and the incentive for the private role of women The Midrash23 tells us that Hashem modestly from their parents if they have brothers. 14 is a clear outgrowth of their unique role as revealed Himself in a tent to Moshe, who is True, by rabbinic law, they are entitled to a por mothers. compared to the inward princess, because of tion of the estate for support until they marry D.Dlscrimination the value of modesty, underscoring the (this suppgrCincludes coverage of wedding One can accept the validity of all of the supreme value of tzeniut. expen,ses). 15 But why don't they inherit equal=.-' above and still raise troubling questions. The beauty of tzeniut is also expressed by Iy with.their brothers? .. Doesn't the Torah's system discriminate Rashi24 to explain why the Torah wa,; given to Perhaps the answer is as follows. As noted against women? Even if all of the halakhic dif Moshe Rabbeinu the second time in absolute esrrlier, childbearing is a woman's most impor ferences are rooted in women's potential moth privacy. The great publicity and fanfare of the tant work for Hashem and His Torah. Since erhood, don't they make women second class first revelation are blamed for the evil eve children are raised primarily at home, a moth citizens? Does a woman have less kedushah which caused the first luchot to be broken. · er is encouraged by halakhah to concentrate than a man, as the berakhah of Shelo asani Thus, tzeniut is by no means a negative her time and effort there. While there is cer ishah implies? term, nor is it limited to women. All persons taioly no prohibition against a woman's busi The Torah's answer to these questions is a should walk before Hashem with tzeniur.25 ness, employment, or other activity outside her resounding no! Rav Moshe Feinstein I 9 And Moshe Rabbeinu, the greatest of all per home, the Torah's laws are geared to the ideal explains that a woman's sanctity is equal to a sons, is extolled for this trait. Every Jew should of childbearing. man's. The berakhah of Shelo asani ishah does attempt to avoid publicity a, much as possible. A modem analogy is instructive. not imply that women have less kedushah. For this reason, the Torah commands that Governments provide incentives to achieve Rather, it is the las.t in·a series of three berakhot the national census be conducted indirectly, by whatever objectives they ·seem desirable. a Jewish man recites in recognition of his extra counting coins.26 An explicit count can, and China, in an attempt to curb its .population, mitzvot. The woman's berakhah of She'asani did, 27 lead to a fatal plague, because it violates levies high the principle of taxes against modesty which h_nge families. "flashem, in His infinitew_isdam~decreedthatanly women calls for under Israel, on the have the capacizy for conception and childbirth, and He statement and other hand, the avoidance encourages of publicity. r- created them differently." large Jewish Similarly, pub families by giving a cash gift for every child kirtzono thanks God for the special role He licly viewed wealth is subject to an evH eye, born. Childbearing is· neither criminal nor gave her by forming her physiologi~ally so that . which can destroy it.28 mandatory in either country, but the law of the she can be a mother. This parallels the man's Certainly, there are circumstances that land reflects each country's needs. berakhah, because it is precisely this potential require publicity. The fanfare associated with The Torah, too, provides monetary incen for motherhood which exempts the woman the divine revelation at Sinai was indispens tives for women to marry and to bear and raise from those same mitzvot that the man's able, because that revelation is the cornerstone chil~n. Property is inherited by sons,. who are berakhah thanks God for assigning him. of our faith.29 Public life and communal wel more active fa bu~iness; 6 l daughters, who. do Once w~ have said this, the tables turn: fare sometimes demand that a per,;on assuine a not inherit, are encouraged to marry in order to The Talmud O teaches that women receive more visible role. Nevertheless, tzeniut, mod achieve·· financial security.. · Husbands are more reward than men in the next world. Why? esty is an ideal to ,be cherished. required to provide for their wives and children Shouldn't men, whose kedushah equals that of The especially inward role of the Jewish athome.17 · · · women, reap equal reward? , woman can now be seen in its proper light, as .For similar reasons, women are exempt Our answer here is based on the concept an ideal. Men are required to publicly serve the from public and communal activity; they that the righteous are "discriminated against" community and engage in public: .activities, shc,ukl not he required to leave the privacy of in this world, to be more fully rewarded in the However, the Jewish woman is granted the the home for the unprotected arena. Therefore, neXct.21 In a world of illusory glory, women, opportunity to serve Hashem in the preferred, wotnen cannot testify in the 'presence of a heit who are charged with fewer obligatory quiet way. din; which is a very public forum. Indeed, had mitzvot, and who lead less public lives, are Indeed, the concept of tzeniut, with its par they notbeen disqualified,, they could he sum- -sometimes considered second class. To make ticular application to women, is as timeless and 01oned to testify, like men, even against their up for this "discrimination," their reward in the universal as the Torah itself. The first Jewish will. For this very reason, a Jewish king cannot next world is greater. woman, Sarah, is described as a tz'nuah.30 In testify, even if he.&<> desires.18 Women do not This explains the Talmud's next state the story of creation itself, the Torah teaches count for a minyan, for if they did, they would ment: Why do women merit? Because they that a woman should not be a gadabout.3 I he obligated to leave their homes to make a assist their children - and husbands - to study Since this privacy is linked to childbearing, it minyan. Finally, the monarchy and other posi Torah. Is this the only merit women have? precedes the establishment of the Jewish .pea-. tions of authority require extremely public The Gemara's question may be reinter pie and begins with Chavah, the first universal lifestyles -by definition. Women are encour preted: Why do women merit more than men? mother. aged to lead private, family lives and are, The answer is that their role, as enablers for Undoubtedly, the specifics , of tzeniuJ 2 therefore, diSqualified from these positions. children and husbands to learn Torah, is less . depend upon time and· place. The Talmuct3 In sum, there are three basic categories of ·glorious in this world. Therefore, their ultimate implies that women were (continued on page 32) ffAME.VASH, Tevet 5759 29 DR. JO!,L B. lVOU.l\VELSKY Grnnps is. I fear. bur a s;ymptom of the fact after all, many other issues facing Orthodoxy rlut our lt'ader, are not approaching the i.;sue and other ball ks w he fought-· is often a mat cif 1he changing roie, of women in the l'v!odem ter of perspectiv;:,_ In any event, it prcl'cnts J Orthodo'l community with sensitivity, per- critic,il mass of public support from coale,c- spective, or sweep ing. Why should it be. a,; Esther Kwus, ha, Third, there i, a fear of unleashing a hrn · ! !\"ad yet another amcle mi noted. that "any i,,ue related tll wDmen process that will get out of control. Not every Women\; Prayer Grnups. \vhether it evokes irrationai'fears in all segments of the complaint has a ready haiakhic remedy; it is . concerns their general halakhh: per- Orth0dox community. It often di,tons judge- simply not trnc that a halakhic ,olution can mi,$ii:li!ity (,r 1hc' po~itton of nny pa11icular ment. cati,c, otherwise fair and rational peo- always be found simply if there is a rnbhin.ic pmek ,,n their ad\isah1iity. I am n,minded or ple to drnw unc,mfinn,cd cundu,ions. and will. Indeed. halakhah is not egaiitarian. A .:,1:nm,·nr; made by R;iv Ah;1mn Lich1tnstein u,tmHy brings out the least kind and generous wom,in may be halakhicaHy permitted lo say ck,,c w two des:a,k, ag,,. ·'on one ,·,f my vi,- aualities of nomwlh scnsi,iw and respective Kaddish in shuL hm she is indeed excluded it, [to Amt:ri,i]," he wwt<:, '·l recall bcing people" 1Jraditio11: Winter 1993). Is there from being a shaliach tzibbur almost 0Yi:f\1·hdmed tiy the imprc$sion rh,,t really any question ,hat we :ire functioning ln Fourth, poskim generally respond toques-- ---1lie. ,m,io' ,·l;mlln1w'~~miru.--<\.merit:.in---a p1-ist-tcll.J.i.ni&..cr.airLwhich ~,-repting certain____Jiu1J.S_pllLbefure.. J:hemJ1:y_thm,e .. JNitiLw.illlm_ Orth,-..k,xy were n~ither dt'm11grnphic nor ide- initiative, originally promoted by feminists no they are ill regular contact. Their generation of 0logical, n11t he,, 10 deept'n Jewish identiry longer carrie, with it the implications that we women are generally nm as well educated and wdJ the coramunir), ~1d 1hJt hm\ ro come acc,·pt femmi,r ideolog1 as a whole') Why, Jewishiy as that of their daughters and daugh w grip, boldly \Vith ,he social ,tnd intdkctua! ihen, is there n,11 genernl emhu~iasm over the ters-in-law, and are often quite comfortable irnpact of $<'.l:Ulur cultun,. TI1ese were .. r:uher. fact that the m(1s1 k-..·ishly-educated group of with thdr n'iore passive role~. Perspective~ (k!em1ining the s~itu~ of metropolitan nubim women in Jewish history is investigating how will change a~ rabbis ,:ome into increased con- and tind1ug the right Hma tish. l do um. of · their rich education should bc> reflected in their tact with the concerns of the younger genera- coorH~. nlinicnil(! i_n the sJighi~st the m:.cd for every-day religious life? lion and n1e-et younger colleagues vvho con1.e deaiin~ w\lh the minutine ofhabkhah seritlus- A fev.- po,;sibk <".xp!anations come to from a different perspcctiYc. !y and respomibly. But this mu~t b,: dom:. a, mind. Firs!, th,,re i, a ~icge memality in the Fiflh - and this is most troubling - many geYlolei risrael always insisted. with sensitivi, ()rtht)dc1x ntbbinate that n1ak.es rational dis- young \VOrne.rL afraid of being branded as ~-, wiili pers~eiiw. wirh ,wec:p. And of the~e w,sion dil'fo:ult. Brcuuse there are many "feminists." do not voice their true concerns. we .;;urremly have h>o link." (Tradition. a,pecb of feminism thm are indeed offenshe The Talmud shiur is just not worth the shh/ S1;ring. 1982). to traditional kwish values,ig1d because some dukh. Not only does 1his mask the need to con- !nlke ~.··,._,.,... . · ditional note of indebtedness to bis daughter (a In cooclm,ion, it is clear that many of the __' · -f1M~-·· a11'.1it•.~ftvtti,,p~e .?9> sh 'ttir t:hat:;:.i zachttr). a father compels bis sons points raised in this essay are controversial, !t~<;:; Rav S, Z. to share his esMe with their sis1er. for if they and, for some, painful. However, a ,easoned fAnc, long,::r the ca,~-R,1mb1,n.:>'4- Wl'ile!.' that w01net1 hard do not the entire estati: is given to the daugh- analysis may serve to at !ea~t clarify th¢ issues. ter/'lister a.~ a L,t-Uitor. 11tIB device <;an be Some may view these .liftes as apologetic, and ly ever jgft tooil' homes at all a pta,;tkc rhat to &i ve a secular will hulakhic v~ others as demeaning. If can avoid close- bat.~ changed: if1'd: we 0111:cr this p11$ise is :ice~, there b .The plight of the agunah. a chaiillld mindedness a11d self-rigl)teou1mess and lbe i.att lot -Iii~ c~s. It ii well estab-- wornan whose husba11d refuses to appear · automatic 11s&wnption of modern .ideals ®d ~- or ooey too ruling of, a beit din eon- values, 1here is room for rational, sfflsitive cemin tfte issuance of a get. was aiso debate b11Sed on txwi to app!y the Torah's ettr [ . separation· addrnssildby the Rab&, A tn,m;ptialagrcc· .. I ~cipl"'s to t6ilay"'.s- w.ond:'~May-llils~ I~ men T!r puhlic roie ment requiring the husband t.o support·~ wife who honestly seek th¢ truth. or troths, be guid in the event of a marital breakup and bis· ~ed by the God llf Truth. · t in me cornmn,gity shwld be viewed rcfuS!ll toail'Caf . . . is found in tile NO'UiS . · = standard !1!71d 'm,. 'flljs, too, c11n be modified l Rao,1:lllln T'mpriih4:13. Rmnban D'varirn 22:6 [ ·.· Fct ~le, ni St.11~ Orthodo~ circles. !~* ~ lly -wlt'.co to a miXed audi~ me difticillties of the modem ; ~~~ Ve.'.i1 ~. L it is COHll])OO day . · ; . Riwllt law has also bex~a Hldicaliy tran&- 6. I futnied in [ll{)dero tinxi. 'Flu.: Cbofetz O:laim. i reacli1:1g to major sociological chllllg¢s in 9 Baelidbad(l,9. women's getlefal ~. ami. »pfu:ingi,ng.. ~o ~ Momo, Oro¢b Chflin• 1,158. _, -~ f ' . 1n,W1(lli,iln 1:5'. ,,.,a,tcu sense n the. msmetions 11 <1:2. -r:o. 127:3. placed on . :>S:l. 'ruf~ )w;: .~ othea·. iooovad.oiis melltiooed, . Wtl.i ~ COIUiovc:r~iti in it!! 1118¢., a:l\d tVQP& l:x:llllm'Vell,'I lb~ daf,Jts .'Wide. a«e~.. de~ ~c :atility uf ~~ aii tnt11r~ ~. b~ r.s ·~ nwkrs, to ~ willi clu~ tjmts;, . . : . . . 'Dita.. etc many .other oonremp1;1rary · which. ffi\ -,tho · Tl;le'se ll!lli ~"'8 in i prl!Y«. &~t, -;. ,. ' Wasq,enI In-Orthodox,, I .Jewish .t.lfe? BY RABBI YosEF BLAU be working, almost always away from home, religious life that is essentially pa,sive. Whether Mashgiach Ruchani, R/ETS and that some will emerge as leaders in their .the majority of Orthodox women want to professions. In the work force, they will be express themselves personally in a public fa,h few weeks ago, my wife was asked to equal to men and will be able to express them- ion is not the appropriate question. The religious speak at a sheva berakhot for a friend's selves publicly. · · needs of those who feel frustrated should not be on. Shf accepted, and her talk was well We all agree that a woman who leaves the ignored. Even those who are satisfied with their received. No one at the celebration thought that home to work can do so to vote, yet many argue role tend to be unhappy that those who desire her speaking was in any way controversial. Yet, against women speaking publicly at a wedding greater self-expression are denied any opportu a few months earlier,-when a friend asked my or funeral because they are public events and it nity to do so. · daughter-in-law to speak at her wedding, the is appropriate only for a man to speak. I do not How this movement for greater religious suggestion itself created a rift. Recenty, at a dif- question the existence of traditional role distinc expression is viewed is more important, initial ferent wedding, when. the woom's mother, a lions between men and women. Clearly, they ly, than the specific approach taken. Thirty two prominent educator, spoke, a number of guests are reflected in halakhah. It is the extension to years ago in Brookline when I saw the aged were upset. It is possible to argue that speaking areas not directly discussed in works of Jewish mother of the Rav zt"l (and -Rav Aaron atlrwedding ceremony is a rabbinical function, , law that becomes problematic. The application Soloveichik, shlit"a) refuse to eat on Sukkot even though there are no.halakhic sources man- ofminhag through the-argument that traditional- outside the sukkah, it wa, clear that this wa, a -----11d1>tat!ffi.nrttg,_,s.. ttieetth->t1t1tt,,,.adffl'-..-es""Srl'l6A-ffth..,erl'b'll'h..,·di..e--,,1t1<>ndfH>grwoo,,,· ..,m ..... +l--1\1)1--''·w;rf'fomm,,,enfl41dmid-oot-d&these thlngs-i~weakened demonstfation of.~p religious commitment I suspect that the differing reactions actually by the many areas in which we all benefit from reacted similarly when I learned that Rav Aaron reflect levels of comfort and discomfort with women doing things that they did not do tradi Soloveichik refused to rely on the accepted women playing public roles in religious life. A tionally. I doubt that_ I could have spent my adult heter to eat chadash. Today, those who follow sheva berakhot usually involves a smaller num- life in Jewish education if my wife's earnings R.av Aaron's chumra are praised without any ber of people than a wedding. and many people. were not available to ensure that we could pay . questioning of motive, while those who emulate are often asked tci speak. The same people who for our sons' upbringing. his late mother are viewed with suspicion. oppose a woman speaking at the wedding cere- The introduction of formal Jewish educa In the current climate, religious initia mony might not object if she spoke during the tion to large. numbers of Jewish women tives by women rarely receive rabbinical meal. inevitably affects the nature of their religious approval. Because of the prominence of These examples should illustrate the need observances. With the steady increase in both feminism, any active expression by an to· formulate an approach to the demand by the quantity and quality of that education during Orthodox woman is seen as reflecting femi many Orthodox Jewish women that they should the past fifty years, observant women · have nist influence. While it is difficult to deny be allowed to play a . greater . public role in emerged with serious knowledge of texts. that changes in family roles, caused primari Jewish life. Rarely are clearly -defined halakhic. Y'ounger women consistently have greater skills ly by women working outside the home, have issues ~tly at stake. Interestingly, in the nine- . and knowledge than tfleir mothers. It is no affected men as weil as women, Orthodoxy is teei:i-twenties, when questions were raised about longer unusual for a young woman to be able to committed. to trust in rabbinical objecrlvity. women voting in the elections for Jewish lead- look up a halakhah in the Mishnah Berurah even Rabbis assume that they reflect Torah per ership. · in pre-Israel, responsa were written. in circles in which women do not study Talmud. spectives on appropriate male and female Opposition was -based on the private role Dr. Haym . Soloveitchik' s seminal article, roles and reject any implication that they women play in Jewish life a,nd· voting was seen "Rupture and Reconstruction: The may have absorbed notioi:is of masculinity as inappropriate. Probably because adhering to Transfoffill\tion of Contemporary Orthodoxy" from the outside society. This creates a com such a positioncWould handicap religious candi- (Tradition 28:4), has initiated heated discussions munication gap between Orthodox rabbis, dates, since· the non-Orthodox women would about how Orthodoxy has changed, but I am not who are by definition men, and Orthodox vote while_ the' Orthodox wouldn't, this opposi- aware of any analyses of the impact of the trans women, who feel that their own religious tion disappeared. formation from a mimetic tradition to a text-ori- sensibilities are not trusted. While we have to~~ that there are ented one on women's observances. Determining appropriate parameters for substantial differences between the extent of When young men take on additional obser- Orthodox women's religious expression in these . public involvement in non-religious life of vances, it is regarded as praiseworthy. Yet when times is a major, challenge to the modem women in. the Modem Orthodox community women express an interest in doing so, their Orthodox community. This process requires and those in the Charedi world, all are signifi- motives are questioned. Creating new rituals is mutual understanding and effective communi cantly more involved than their grandmothers. frowned upon, while observing mitzvot that cation between the women affected and rabbini The level cif parental control over young women were performed in the past only by men, is seen cal leadership. Balancing respect ·for tradition has to diminish when the daughters go to school as trying to imitate men. It is unlikely that with awareness of the changes that have through college, leave home to go to summer women possessing increased knowledge, who occurred in society is in itself difficult, and only camp, .or study in Israel and then_ return to live in live in a society where women are playing with sensitivity and mutual· respe..-t will we a dormitory. It is a given that women today will _!C,tjve leadership roles, will be satisfied with a maintain harmony. · HAM"lVASll, Tevet 5759 33 A Woman's Insight BY DR. RIVKAH TEITZ BLAU Dr. Rivkah Teitz Blau is writing a memo-Ir of her parents, Rabbi and Mrs. Pinchas M. Teitz. bbitzen Rivkah Rabinovic. h, who !iv~ in the ~neteenth on the final day ofBaHaB when it is Pesach Sheini. When my moth entury, was described by her son, R. Eliyahu Akiva, rav of er heard that a remark by her brother, the Aderes, had been print oltava and editor of HaPeles and Hanwdia, in these ed, she longed to read it as well. She took the journal, read, and words: after a few minutes came to us and said, 'I .don't understand. The She had a good understanding of Hebrew and the language of second Pesach can't be superior to the first Pesach. On the day of the gemara. On winter Friday nights she would sit beside the stove the sacrifice before Pe~ach, the first-born sons fast, and probably and study t'shuvot of the Rishonim, for example Rashi, the when they spoke in the gemara-about eating the Pesach Sheini sac Rambam, the Rosh and the like, that do not include pilpul, and she rifice, they meant the evening of the fifteenth. ' My father immedi was an expert in many respohsa. She frequently quoted Sefer ately informed the Aderes about her objection and he published it Hassidim anil still have her copy of the book in which she read a erward in her name in Yagdil Torah 9.128, and worked hard to almost daily. My uncle, of blessed memory, told me that once they solye this difficulty. were sitting with his father; may the memory oJ a righteous person (HaPeles 5.720) be a blessing, and a 9..uestion arose whether the matter they were I heard abo~t th1slearned woman, my father's paternal grand discussing was in Sefer Hassidim. My grandfather said, 'Let's call mother, at the Shabbat and yom tov table when I was growing up. my daughter Rivkah and she'll tell us for certain,. because she The men who are mentioned in this· account, an4 who took such joy knows the entire book.' All her life she tried to fulfill what was writ in how she learned and conducted herself, are her father, R. ten in it. She was also well-versed in the aggadot of our rabbis and Binyamin of Vilkomir; her brother, the Aderes, R: Eliyahu David for each perek of the Talmud: knew its location in the correct trac, Rabinovich-Teomim; who was rav in Ponevez and Mir before being ·tate. Once, when I was twelve years old and preparing Tractate chosen by R. Shmuel Salant to succeed him in Yerushalayim; her Bava Batra 58, /didn't understand the Tosfot at the phrase begin husband, I R. Dov Ber Rabinovich, and other relatives who were ning ve'afilu mismai, and I wanted to check the chapter Shum rabbanim in significant Latvian and Lithuanian communities. R. Ha'yetomim which is cited there, but didn't know where to find it. I Binyamin Vilkomir would eat a full meal only when a mitzvah was went and asked her; and she answered after she had thought a involved: a siyum, oi on days when we.don't say tachanuh, or when while. 'lt seems to ,me that it's in Erkhin. ' She also used to initiate, a guest crune, or when he held the baby at a brit, and like occasions. an the basis oflier own understanding, a number of logical conclu He was so assiduous· in his learning that this posed no problem for siQics and good modes of behavior. I still remember when I, my his family. ~r brother Rav Moshe Rabt,wvich (from Kvarshak), my sister I found my great-uncle's account while doing research for a . ~Malkah(who,ehusbandRav. Yaakov is tlie rabbi of Rogolle) family memoir. But I think that in learned homes, where tl)e center ·· · · · · · · brother RllV Avraluim Binyamin (the illu.strious of life is studying Torah, other intelligent women also were encour )'wf,e litlte:.cf~re- were, may tlie Meit;:iful One save aged to participate in the conversation. What we are seeing now, as site: .~,U,t,pe_rmit us to look through the window women thirst to learn Torah, is an extension to many more homes ~~ wtltild:'become· upset with us. It seems to me that of a tradition with a distinguished history. ·· · •.. I~~ tlw•~ lier original interpretation ofthe gemara in ·······~~·.w/io:S.,es.a 4e-1 person Q1lq does.n, escort him, ~~g •'the; J>OOr. '. Since she did not want us to NOTES !Pesach Sheini was the bringing of the Passover sacrifice on the fourteenth of 't ta watch so that we ,- tlidn permit us it, Iyar, one month after the correct date, the fourteenth of Nissan, by those who · dead pe~ 1:n ·1883, a few days f,ejore had been unable to perfonn the Mitzvah at the proper time'- although we do not . ~,the>lutM~o/B~aB/ there have the lemple now and cannot bring sacrifices, it is still considered a festive ~r,. h 4 bltS&i~, a)t>Uffllll, Yagdil day and perhaps fasting would be inappropriate; BaHaB stands for Monday, 1Jl~iti,· ~le,1¥l.4.printid11. comment, Thursday, Monday, the days people used to fast in the month after the holidays of Pesach and Sukkot. · ~~.ill~tofast IIAMlVASH, Tevet 5759, \ HISTORY Women's Activism In Messianic Movements BY CHANIE WEISER KADDEN prophesied about the coming of the mes -in surveying Jewish messianic moves siah wit!Tin Sabbatianism. What motivat ~ents ~nd person~lities, one does not ed other women was clearly not the same 1mmed1ately notice a particularly prophetic mood existing among the mass strong female presence. However, there es, as their revelations were not encour have actually been several instanc~s of aged by a larger movement. In two other women's ·active Givolvenient witliin mes cases, women's prophecies ·were actually sianic movements, and even cases of what began the messianic excitement in women causing messianic excitement. In their areas. each of these events, their active roles are The first incident is taken from a rooted in either one or a combination of fragmented genizah document detailing a traditional theories about the nature of the story in Baghdad. On the twenty-fifth of messianic age, the options that had been Elul, 1120, a wo~n claimed that the open for female leadership within prophet Elijah came to her in a dream to Judaism, or the typology of the redemp tell her that the redemption was imminent. tion from Egypt. This prophetess, who is referred to only as · There are two major aspects of the "daughter of Joseph the physician," I 0 women's activism in Sabbatianism.1 The caused a great uproar. The messianic · first stems from Sabbatai Sevi's view that excitement she caused in her community the role of women in the messianic age led the Caliph to imprison the Jews and will change. Sabbatai saw the liberation of threaten to kill them if they did not con women from the ineguality of the sexes vert. A Jew named Abu Sahl b. Kammuna roug on y e sm o am an ve as was released -and was granted audience an essential aspect of returning the World to and the moon into blood," but a time when "I with the Caliph, who belittled the prophecy, its original utopian state. He told the women will pour OU! My spirit upon all flesh, and saying that the Jews were "obviously of very that he would restore their autonomy: your sons anrl your daughters shall prophesy, low intelligence if they believed such a tale 11 .Woe. unto you, miserable women, your old men shall dream dreams;- your by a woman." He is struck with awe when who for Eve's sin must bring forth young men shall .see visions" (Joel 3:1-4): Elijah appears to him that night, after he had your children in sorrow, and are This, states.Gershon Scholem, is what lead to ordered the prophetess to be burned and the 12 subject to your husbands, and all the mass prophesy at Smyrna, prophecies Jews "outlawed." · that you do depends on their con that were not original; the women used trite The second incident is also found in a sent. Blessed· are you, for· I have phrases that were very similar to each other.6 genizah f~agment. There is little to indicate come to make you free and happy Perhaps this passage is also what lead the the date, or to connect it with any known like your husbands; for I have come "daughters" to prophesy in such large num messianic movement in the middle ages. 13 to take away Adam's sin.2 bers. The presence of many · prophetesses What we do have is a detailed account of a ... There was a certain amount of activism among those who prophesied about Sabbatai prophesying woman in San Torbo, Sicily, and based on the vision of liberating women from Sevi is well documented. Among the first of the messianic excitement that followed in the curse of Eve's sin. However, this strong the prophete&ses was Sarah, Sabbatai's wife. Sicily and probably the rest of Southern promise did not tum into particularly strong Prophetess.es also included the wives and Europe. This is then compared by the writer activism. There were some efforts to estab- · daughters of rabbis _and other prominent · to other messianic expectations in Europe, 7 lish equality, but not enough to fulfill the members of the community. The prophet particularly Spain. bold s_tatement above. Sabbatai called esses were not only Jewhih; for example, the The account, which seems to be a hasty women to the readin_g of the Torah along with "Christian slave-girl" "had beheld what the letter to report the startling events, is given men3 and disttjbuted _kingdoms to both men sages of Israel did not see, and she confirmed by a traveler named Mikhael ben Samuel. He and women.4 Some have also seen his mar the prQphecy of the [other] women and chil arrives in Catania, a Sicilian port city, with a dren."8' riage•· to a prostitute as part of his plan to fellow traveler named Samuel. The two bear emancipate women.5 Women's activism· in the messianic of a Jewis~ prophetess in San Torbo, a sub The second form of activism within excitement over Sabbatai Sevi even extended urb of Catania. This is the St91)' that follows: Sabbatianism is one which was initiated by to the small Jewish comqiunity in Corfu of We went there to see her and she Women themselves. The biblical prophet Joel only five hundred families. The "intelligent was pregnant and the time of fline .describes the events "before the great and ter and beautiful" daughter of Cairn d' Aron, a months had passed and she had not rible day of the Lord come." Joel includes merchant who came to Corfu from Venice, had a child. Her husband's name not only "wonders in the heavens and the prophesied. the coming of the messiah. was Rav Hayyim. And we went to. earth, blood! and fire, and pillars of smoke ... People prayed, sang and danced around her. 9 the synagogue and we felt a pleas [where] the sun shall be turned into darkness, This is not to say that women only ant scent since she was standing HAME.VASU, Tevet 5759 35 . QDtside: And after the prayers a then "[aleph-vuvJ" and then thus has been commanded to me ~~~g p~ upon her and she "(samekh-vuv]". 14 And she said from the Holy'One." . •t to.• hbll&O and· fell on her ''Bring tne another!" Acnd w.e took it And on the Sabbath .after the ·. z'.J~ and sbe'stitt for us in the syna· and we brought her another and prayers we went with her husband JOJ"10. And w.e went·with her hus upon it also I\Ppeared "[hey-zayin to her house so that we could eat band .and she said to her. husband chet-daled]" 15. And she was laying together, and we did not see her "Thus has been commanded me in fear and trembling and she took until we said the blessing after the from the mouth of the holy one, that out her left hand and she brought meal because she had gone up into you should come and the whole forth on that hand the image of a the attic and had fallen on her face, congregation should see." And we person and it separated from her in and she was troubled; and her hus saw her fallen on her face pleading saffron and we took from it and band gave us permission to see her, and crying and she said. to her hus tasted it, all of.us who were stand- and we saw her as if she was eating band ''Bring me a blanket and place ing there. Anctit tasted like an oil and herthands were in her lap, and it on ine." And he brought her a saturated loaf and its scent was afterward we saw three of her fin blanket from the house and upon pleasant like dror16 and we heard ger~llrid. thc:iy~~tl! drippi_v_g.li¥~.oi.1,: . . the blanket appeared letters like so . lier pr~y.''Hear o IsraeL" and we and her husband took and gave to "[aleph-nun-yud]" and afterward all pleaded with her. And afterward each one and we ate· and it had a appeared three lvud] like so "lvud she elevated her hands like the taste like honey and the scent was yud-yud]" and afterward on another priests do when they go up to bless like mor dror. And afterwara she cover "[aleph-chet-daled]". And the people (dukhen) and blood wiped her fingers on her veil and the writing was in saffron and the appeared on the blanket, and after the whole veil w:is moist as if it was letters were moist and each of us ward letters appeared for her out of --7 dunked in water and it had the taste who were standing there. put our · blood in scrip~. And within the of honey and a very good scent that fingers on it and fr did not stick to script was a circle. And we saw there is no scent in the world com our hands at all because of the wet- · with our own eyes these signs and parable to it, and afterward she sat ness. And she was called out the letters on the blankets and she and she began to pray, .. and she said "Cover me with a blanket" and we said to us, "Give praise and thanks "Woe to those who are evil and woe brought a blanket. And we saw this to God and return in repentance and to 'those who do not repent because blanket and there was nothing on· it. . also to all the places which you go, thus has promised me the holy one But when we put it on her, the let show tl)em the writing and the blan. before the angels and before Moses ters ·"[aleph-mem]" appeared and kets and return and. repent, because our teacher that the iend of days is ACCEPT NO SUBSTITUTES, ASK. FOR NEATZIT .BY NAME CoMFORTAND NEATNESS ALL IN ONE GARMENT .. Pre·shru:1k IOOt rntton !t':=~l~~e 'hhirt tab•,c tor winlN ~r theotiservant ,nd summer cornion man of the 90's. . .. Du,.:ib'.e double stitched THE REASON: THE FABRIC! binging in the v.-nt-ci opeci- rng ro: e,:onorn1;:a:lone. wea~ The 100% knit jersey cotton fabric is elastic whid1 altows it to breathe like a T-shirt Engineered to 'sit' on the neck and snapped at the sides, •.it won't bunch or ride up. Comer pockets are provided for safer easy washing. Also available iri 100% WOOL . THE RESULT: ·YOU'LL LOOK NEAT AND FEEL MORE Cot,'!FORT .\Ill.El . You will LOOl ORDER ONLINE: ___..nc::e.tzit.com . H~MlVASlJl 1 Tevet 5759 , ... irnn:1int~nt ;tnd 1f th ...~ evil ow:s do not if; tI'"ien tt !'im.cl1nH. ff;U\- ah-o rnun_~ t"ffr,-,.:tu~1.! l HY RAIHH &ARON RllJ(EFFllT-ROTHKOFF crJuld he redirected by tht rahbJ½ Tht an::.v1,~r -..va:s; "Yes, tbe·-rahbis poe.;sc¼\ rhh liUthorit_y. Vlhen a rnan t-H~lrcths {{{hen 0 c::in he applied to _:-nit-:,vot d'ora_\10 hut a totally nevi obligation. it cannot bis. (,urn tnit: v(,: fiL Ri11ht!L a/ i,r"n ca:1 hG tff1/{1ke~J rhe obliP,.,ation which en,ue~ i:, Rabbinic in tneosurate to 1hc ob!ig.ation ut rnc-n, ;:uid uHfy !f rhc 1;:c.,:"j;_:rhT s_:;f I.he nui:::i-ah h ~! rtflec nallm.:. ! 15 Therefon:. of ha can not be wornen ct,uhJ not di~chargc rrK:n nf their tic•n dnd re~;pon\t" i(i d rnic1rk. Afttr tbe applied h--, n1atzah, for the obligntion ot duty, This questmu i, related H• the Jr,p,1le ob!ig.ai!nn 1·~ e:-.!~.tbl!sht,,,d. !a~er dGfa!i-- are womc:n in mm::ah con,umption i, d'uruvra, regarding the rnt:anJng of qfhen, Perhap<. r,n~ mt:J.:>lirtd ag~Eiht !L;,; _ft~Her~d nik, na!nc!y: (2) Tosafm quole the position of Rahbi Ynsc.f c~tn rnaintain th;.1t if the- ohhgarit)n of ({/ hen !b;Jt won.a:H dern'td hana 'uh ir-offj th!.: .inir,1- lsh Yerushalayim, who explain~ that were it ~u.ffices to alknv V/Gff:en to be n1otli n1cn) s;k~. This approiJLh a~stH11e:, th~t there 1t"" no not for the derivation of women's obligatio,i rOen of hPn ffUJ½t conn_otc rnore than tht; fact differ~nct: \Vhtrher the cxeniptit.:n of uf he,t in matzah from their proscription from ·rhat wornen v\.'t:TC savett 1\f !u'.n tht:H irnpEcs Ji:ri1,e:"' frorn the act:Jvity of '-Norrien (ff int'.fe chamet::., the principle of a/ hen would not that \Vornen played active roles in [ht; ~aiva- iy their lndut)ion in :s;alvat~orL lhi: Har Tz"\ ! have ,ufficed to obligate women in mat:a on tion. Alternatively, one rnay understand that adds a quahficatiun that echcrt'i T{hJ.dot in a d'orayta !evd, for the exemption of women ,;ven if women did not play active role-;, ,hen Pe~ac:hlrn_ He ex.plain"> that the yarJ~tick uf could have been derived from the ge:,1cm1h either al hen could create a compktt- obliga hon a 'ah i,;:; nol a facrc,r 'v/hen rnit::_vot t.l'ora}. shavah that exists between Succot and tion, or il may create an obligation which i, ta an; in q1.;e~tjon, b:H that it i~ applied only Pesach due to the shared phrase "fifteenth of merely an extension of one already extan!. 2? to tho:,,.t- takanot added by Chazat \.vhO'.:,e pur the month." 19 Note that this second explana- Rav Moshe Soioveitchik23 explains that pose wa\ not -;pecificaJJy to comrnernorate . tion seems to contradict the limitation of af there is a distinction between mii.'YOi !hat the miracle that h,id occurred but tlwvt in,ti hen to Rahb1mc laws a, delineated by were instituted prirnarily l'::,ekhcr hane.s, to tuted "sn that the torah 1.vou1d not be forgot T(v,afot in Pesachim. con1mern,Jnll.e a n1iracle~ and those rnitzyot ten." The !far T,vi claim·; that haggadah and Hence, when this Tusafol i, taken for which pir.111111 h,mes occur~ through ,heir 1Ha1~~ah_ for example~ were instituted -~so that together with the Tosafot in Pesadwn, three fulfi!lmem. AJ hen applies only tu mitzvot nf the torah wnuhin·t be forgotten:· and thcre distinct pos~ibilities emerge. Tosafot in pirsum, but af hm does not obligate women iorc the principle of af' hen b 1rreievan!>_25 J'4,1;(Uc/um~.tM~.prHl{;~-Hf:--t1f·f/€H· irHuty precept instituted as a zekher /'nes. Af The Maharnm likewise argue, ,hm af hen can be applied only to mit::vot d'rabanan. hr:11. therefore, dues not obligate wonfrr. in c:mnor obligate women in kiddush. ln,tcact. The Tosafot ir, Megillah pre~em two possi tefillin, for the mitzrnh of tefillin w,b insti th,:: limud of ;uchor and shamor mml r-e mi bilities - either that af hen obligates women tuted to co1n1neinoratc the 1niracie of yet~:i 'at lized m generate the won,an';; obligation. He for a d'urayta din on a d'rabanan level. or mitzrayim, and nut for the purpose of pir _explain, ,hat af hen can be :ipplied only to that women are actually obligated on a d'o· sumei nisa. The four cups, however, actualize rnitzvot instituted in. re'.\ponsc tn specific mir rayta level, in accordance with the opinion of the pirsum aspect of sippur yet;:,! 'at mitzra.i- acles. 26 Rabbi Y(),ef hh Ycrnshalayim. im. The indict1tor of a mitzmh which, by its V. Scope of ,lf iu:n IV. Application of AJ he11 fulfillment, accomplishes pirsum hanes i,; the This lt>,1ds to a broader que,tion reg,,nl The analysis of Tosafot's three under berakhah of she 'a;;a nissim, for the three ing the ~rc1pe of the ,1pplic«tirii1 of af hen. standings of af hen yields several difficulties. eases of-af hen - the four cup,, met1illah, and \Alhenever a rnishnah or genrara presents a The mosi obvious is a flaw in the third possi chanukah - arc the onlv three mit;:,vut for rule vvithin certain contexts~ it.is riecessary to bility: if women are to be obligated in mitzvot which Chaza! mandated this bemkhah24 explore wheLher the examples are exclusive d'orayta on a d'rabbanan level, why are Yet;-this approach intensifies Tosafol's ques or illustrative in n;:iture. If the cases of the women not obligated in the mitzvot of sukkah tion in Megillah. Women should be obligated four cups, chanukah candles, and keriat or tefillin? After all, the Torah states that the in matzah dm: to af hen, and we should not haMegillalz are mere examples, then the prin basis for these mitzvot b the exodus from need i-o rely upon the gezeirah shmah of "fif ciples that guide those cases can be applied to Egypt, a redemption in which women ~'ere te;:nth of the month!' For ,iwt.:a, marror, and officr areas of fo;lakhah as we!L certainly inch,ided. For this reason, in dis the korbun pesach, there is a special clement. A minority opinion maintain~ thu! the cussing t~ obligation of women tu light to the mitz.vah. Regarding these mit::.vct. the obligation created hy Cf{ hen as regards light chanukah eandles, Mahari Yilzdwk Abuhav :i.1:tkm must be :,ccompanied by words of ing chmmkah candles 1:xtcnds to orher states that af hen miist denme women's explanation so a~ to intenstfy the pirsum. mitzvot of chanukah, ~pecificaliy hallel. involvement because 0ilierwise ,,omen's This understanding of of hen irnplie~ that it i~ Mo\t rishonim cemend that women are not lark of obligation in the commandment of a new obligation, not an exienshm l)f the ohhgatcd to recite halleli f(;r haf!tl \vas not sukkah presents a difficulty.20 existing obligation invoked fur niitzvot 1ns!ii!Jted "al hones." in contni,t, the candles, There s;;em,, w be a broader is,,ue under involving pirswnei nim. Me1,1illah, and the four cup;, were in~titutcd al . ,.., lying these difficultie5, Should -af' hen be Similarly, the Har Tzvi ,Hire~ that a/hen lwnes.-' ln ge;ierni, women ar,: e:,emp! from t,nderswod as a new, independem obhgation, can be invoked on]v the rnit1¥ah ;i -t if , is closelv~' hal!ei. for i, i', tim,: bound mit::mh.28 or is af hen simply an exiensmn of the pre- connected to lhe mirnde. Af hen does not 43 .. , .·. . . .. ~froln ~ 41 . regard to marriages involving women who even rely on minority views," (Taz Even 'i , ~Ji•~~~nitl common law) .. Bi'ah, or are religiously _unobservant He apparently Haezer 17: 15, Taz Yoreb Deah 193:4). '. • ~~· fqr p~es of marril,lge, is the believes that egalitarianism is strong only. A statement to that effect does. appear in · ~-~· of,-~~<1/t: it is an overt among·,the non-observant while the obser- Taz, Even ha-Ezer 17:15. However, of at i:ttms~on of the. exe{Cise of the s.ervi- vant would not reject halakhic marriage least equal significance is the completely tu.de that is being acquired. Understanding because of its possibly offensive nature. contradictory ruling of Rema, Even-ha-Ezer thanhe .essence of marriage lies in a con.- However, the authors of the advertisement in 17:15: "In all of these matters we rule in vey1UK1e of a "property" interest by the bride the Jewish Week tell us: accordance with the stringent opinion." In to_ the e-·--arnnm serves- to explain why it is that O u r ac t ua J expenence · wit · h agunot that ruling, which reflects the principle that only· the husband can dissolve the marriage. exceeds that ·of Pro,essor " Fe ldbl um stringency is required. with regard to any As the beneficiary of the servitude, divesti- 'and has led us to conclude that no ture requires the husband's voluntary surren- [emphasis added} woman views m~tter of doubt pertaining to biblical law, der of the right that he has acquired. . . Rema follows a series of early-day .authori- . . mamage as a transaction ih which ties. Rema's ruling is confirmed by Bi'ur ha- ,;--- S01t1e women may well find this legalis- her husband "acquires" her. No one G E h E 17 6 tic categorization demeaning. It 1s not1i;lcon- c:an credibly maintain -today that ra, ven a- zer : !; Helkat Mehokek, 3 47 ceivable that some women. upon being brides are consenting to the concept Shekel,Even}ta,Ezer Even ha-Ezer ,t 7: J_ an.d 17:56; l ?: and; Mahazit H~wn ishha infonned of the halakhic nature of marriage, of "gufah kanui," that marriage is a 5 · · ' k. , Even ha-Ezer 31: 12. may refuse to enter into such a relationship. myan in which the husband Nevertheless. there is certainly no umdena acquires title·to the wife's body... . A simila~ statement is recorded by Taz, de-mukhach that a woman who does enter · Thus there is no informed consent Yoreh De'ah 293:4 (not 193:4). Tm's latter into such a relationship would not do so if by women to kinyan at the time of · comment is not made· in the context of .an . fully informed. Halakhah does not demand- marriage and the marriage is void agunah question but with regard to the con- · that a bride be conversant with the technical . ab initio... trove.rsy concerning the permissibility of nature of the relationship.3 She must be Wtth one· fell swoop all marriages have chadash, i.e., eating freshly harvested grain aware only of the restrictions arising from been-nullified! Surely no rabbi who has ever before Passover, in the diaspora. Taz remarks marriage, not of the legal niceties describing · officiated at a wedding ceremony subscribes that the permissive minority opinion may be those restrictions. A perceptive woman will to that misguided view. relied upon since "a man's life depends upon quickly recognize that legalistic descriptions In .point of fact,· this description of drinkjng barley beer and oat beer." of the relationship are far less significant halakhic marriage is grossly overstated. The (~pparently, the water supply was recog- than the actual interpersonal and emotional husband does not acquire "title to the wife's mzed, at least by Jews, to be a source of dan uattne of a mmital ielation~hip. Despite the body." A wife is not a slave. The husband .gerous illness.) Shakh, in his glosses on Taz, _technical nature of the conjugal rights v.ested •acquires a servitude rather than title· to her Nekudet ha-Kesef; ad locum, ta:k:es sharp in the husb~d that effe.,ctively serves to erect body- an extremely important legal distincc issue with Taz. · a legal bamer to any lfdulterous relationship, tion.4 Nor is there reason to believe tliatreli~- Much more significant is the point that, Jewish law does not treat women as chattels giously committed women of yesteryear before entering intq the question of applica that can be sold; bartered, exchanged or used would have reacted any differently from reli- hie canons of· halakhic decision· making in at the discretion and whim of the proprietor. giously committed women of today. If our instances of controversy, a controversy must The sole right of which the bride is divested marriages are invalid, so were those of our . exist. The authors fail to cite a sil1gle author is the capacity to contract a marriage with parents and grandparents. ity that may accurately be claimed as prece- any _other male. Nor can she be compelled to An autobiographical comment may be in dent for their innovation. _allow her husband to exercise the right that order. For many years I have taught a survey 2. · "To prevent aginut, testimony does .she has conveyed to him, although if she course in Jewish law at the Benjamin N. not have to meet standards of Biblical refuses to-. do so she .may justifiably be Cardozo School of Law. The students are of dr:ishah and hakirah. A single witness, cir divoo::ed _with forfeiture of the monetary set- diverse backgrounds and many are non: cumstanti'al evidence, and he~say · are all dem¢nt to which she. is otherwise entitled observant. It has been my unfailing practice· admissible," (Ralnbam, Hilchot Gerushin _under (he temis of the ketubah. to describe the technical halakhic nature df 13:29). One further .{)Oint must be noted. marriage in the manner ·outlined above. I . The two-witness rule is suspended onlY. '· .~ FeldQlum fails to address the prin- have heard no report of any student, male or with regard to testimony establishing the t;,•· · . eiplt. of ta!,' le-meitav tan du me·le-meitav female, declining chuppah ve-kiddushin as a death of the husband. For all other matters · '·,~. Particul~y in Isra,el, where ,there is result o~ their newly acquired knowledge. the two-witnesses rule remains in effect. Th~ : 1¥)'.~0~,of.ti_vil rnarriage,.and even in thei point has no bearing upon the issues under 1 · ~ whcm the pooni insists upon a .reli- "META"-PRINCIPLES discussion. · ·. a WOJlllUl may.. accept The authors append a se,ries of declara- 3. "Fear of mamzerut is an illusion." _. _.. .finds the.nature tive statements, set Off in a boxed and bullet- (See the Responsa. of the Maharsharn 9) . .- ~*~ because -Of ed lis~ 1n an attempt to substantiate their There are nine published volumes of nouoftffllain'sing~. At asse~n that "We are proposing [a solution] Teshuvot Maharsham, In Teshuvot tb!il «.~ serves, u .a, ~t lS noi: only justified by the halakhic , Maharsham, I, no. 9, Maharsham offers a v~r.wlth (he ~ult that . authorities but mandated by them." The. theoretical (le-halakhah ve-lo le-ma'aseh) .··-. . e-of automatic statements offered in support of that bald device for retroactively' curing a state of as~on ~ge ftotn the irrelevant through mamzerut. That proposal as well as the rea- the misleading .to the patently incorrect. Let so~s why even Maharsham vvas not willing JJl! ~xamine them seriatim. to implement it in practice are discussed in 1.. ·· ''T<>Ji~ an _A~ one must detail in this · writer's Contemporary ftAMl\l.\SH, Tevet 515!} .!lalaAhic !;,rnb1<1u:l, t_Nev./ YltdL 1t>:r1;, i6?~J67. Bt~ that H>; it inay~ the "Plutlon requir.:~s tiH~ active cqt1pcnnion uf tih~ hn:- band, He rnust lksigrutk un agent to effr~t·t a divorce and then nuHify the :1gtfi(:j nut:;,ide of the pre~t"ncc: cd' th~ agent. The agent rnust then proceed to execute th,: get. Is on<" H• a~-;urne that a rtx:~1kltrant husband whf:: has ' steadfastly rcfu,eJ to cooperate m c·x,;;nnion of a gt:t will. upon the hirlh of a ehild 10 hi, e·stranged \Vi fe, designate:~ an age~t for that very p11rpose· 1 4. ""The pursuit uf a rnore :stnngcnt post-Shulc!ian Arm:h view of .Jewish law ... :· Rejrction of annulmenr in the gui,;e advoc,Jtiod b/the•authors is by no ~tretch or ,he imaginatiou a ··pursuil of a more ,ti in gent post-Sbulcban Arnch view of kwi,h hw." The proposal ha, been rejected pre- ci,ely hec:au,e it ha, no basis whabocvcr m Sf,,lidwn Arukh. Moreover, the contention th:.tt such rejection i, a reflection of a "stringent po,t Slmkhan Arud1 view"' represents fu,1damcn tal ignorance of the operation of l-lalakhah in this area" A~ Rabbi Henkin ha, observed, there i, no nh~ntiun ip S!rnlch,m Arukl, of annulment a, a vehicle for dispen,ing with the need for a geL Th.: notion that' an umli, closcd "grave defect" in a female constitute, ______grmmd.s...foUJ.ullifi.catii.m_QLi._..1lli.1IIli\g,e... ' . checker and _ ~igned for WiridPWSII _ . dictionary! • ldealfort,achingl. · DavkaW5lter is easy to learn and use, . '/ -• Perteet for Yeshiva students and includes.Jhe complete Tanach for DIJIJ-. I - . easy insertion into your word na e,m. . ' . processing tiles, and comes with OavkaK!riter is packed with powerlul tfJO Judaic clip art images. · features for writing Chidushei Torah, including footnotes, columns, center last line; Hebrew numbering of footnotes,_ low underline_for text with nikud, ·much more! --~~~.~A;.Nllabls. ,. ·· ... ·. 11111,atJ11daic bookstores$11'9 nationwide -,__ ,"~••..;ea1--a227 .. _ ___ D{ftOm Bavt11 Corporation __ · ·~''t:·•1;~.. ~IJIA~c;nt/flfextV~ers-- Call for upgrade det4ils ! - i ·,· ';~ '<\ :~.\ ',. . : ,-';,.. • ' • -..,.·,.,. ' ' . ., . . .,><\~i~t~, .7974N.~em • tbi(ago, IL• 60645 • (773)465-4070 1 · i< Sr~{773) ,~2:-:~2',., ~il:[email protected] • .web: www.davka;com HAMlVASI.I, Tevet 5759 l'ht~ m..:ed for such curn.:ert.t:d action tm th;: part poskitn has bccornc ever ITH)rc exigent \.\/ith t.h-:; divorce rate~ tht' agunah ha:-, becnine exhcer-- batf;d. ""'"""·"'" there are aceurate statisti'c_;a; and !t n1t)re rhun likely that the numbers cited in the media are ,-~""'"·"P be to claim that the of tht'- agunah i~ concerned, even one is too n1any. NOTLS Afrigu:'itic. tkre ·we juinp c,1r;1irht to t!it third. Ed 1. J.Jine Yisra ·,-!, XlX f5757 -57)8), 2.09. Pwfe~sor Fddblufn /ll;( !:!mt the :-;,s-;;.-ond Lx:loc if dii.,doscd. would in a,iJ of :t~dr dh:st1a(k \-\'urni.::n lrom nH1Tiag.e YESHIVA UNIVERSITY. hut rather that it the ··a_1;pci-2t of kinyun" a:-..c;nc!atcd will1'fn;u-r1agr fri.ctt ai!ow'-- ,t hu:,;h:10d for educators er SbJdt>nb with J.,~ackgiuun,J in Jewic_,h 0iliH.hi:'S< to withhold a gPl and that it i·s. sdely th,: latter cuHslderallon ·rbat wou!J prumpt a .V..-':Jnwn to refuse an offer of HHHTiage. J have tre:tied the tw,J J'> <.,ep;.;rnk and independent con~;id· ~:i:\:i,tr )\i~~t:~~ '~~t~~:~~:rn, erntions since J cnvi<.,ion Fcidblum el~e rn\sii;g th(: ~t'C:nnJ cousiderarinn Significant fonndai .'!5sist,rnct available. as :..rn independent argumcnL 2. Cf., To.•;aj(Jt. Ketubot 2b, Sr~f(_'r, t'vell hn-Ez.cr, IL no. 74. 3. Ran. Nedarim 30a. declares.' ... a does nut !he pocver to cun-1.:t;y heisc!f to the husband ... Rather. onct: :die a.gret\\ !q the rrw.n ·,, j :.a;t off ··,he nhncgatcs lwi iment ((la 'utahJ anJ wi!l and ma~c<,; hcr.;df as res mdtiu.:J husband takes her intu hie; domain. Fur !he ha!ak.hic ramifi.cation,;; of that analysi<., of llle !lf!-ture of.the matrimoniaJ_ act sec Avnei Mi/11,'im 26:6. it is probably fr:ir to state th 47 obligation ls of a lesser stat~s): the Behagl ~Jes th~t women are obligated only to hear the megillah and not to ":ad it as men are required to do.. •This position was adopted by Tosajot and later by _on2 opinion in the Shulchan Arukh and by the Rama (see Orach Chay,~, 689': l). Apparently, the rationale of "af hen" does not necessanly provide women with the same obligations whic~ ~xis_t for, men. It is interesting to note, however, that no opmton 1s recorded sug gesting anything comparable in the other two case~ o'. "af hen", namely the lighting of Chanukah candles and the dnnkm~ of four cups of wine at the seder. In both of these cases, everyone seems to agree that the obligations of men and women are identical; in fact, the Tur even extends the obligation of worn.en to Jill mitzvot performed at . the seder, presumably based on "af hen'' (s~e Tur, and _Bf it,!o'.sef, ~e~~ . of chapter 472). Why is· it that "af hen" succeeds m prov1dmg women liga_tion of with a "full" obligation .in the case of Chanukah candles and the four . cups but fails to do so in the case of the megil[ah? We will focus specifically on the contrast between-the megillah and Cha11ukah can ·on Purim and dles, since these cases are at first glance extremely similar; both Purim and Chanukah are holidays established well after the giving of nukah the Torah in commemoration of miracles in which the Jewish nation was saved from destruction. We would assume thaHhere exists a BY Mori NOVICK complete parallel between the central mitzvot of the two holidays, yet I. Introduction we find this glaring distinction between them with regard to women's here are three instances in halakhah. in which women, ordinar level of obligation. Why should this be so? Tily exempted from ~itzvot aseh (~sitive co~mand~ents? that This: question was first addressed by the Semag,.and his answer are bound to a specific time penod, are oblrgated m m1tzvot is echoed by the Bach (Tur, end of.chapter 675) and the rtagen which commemorate specific significant miracles in Jewish history. Avraham (689:5). These commentators explain that the mitzva of The rationale given in each case is the same- "af hen hayu be'oto reading the megillah was established to be similar to that of reading ha'nes", that women experienced the miracle being recalled and the Torah. Just as women cannot read the Torah io a con e ation of therefore are obligated in the correspon g mztzva. e ee men, so too they ~aimot read the megillah in such circumstances.. instances are the kiudling of candles on Chanukah (Shabbat, 23a), the This answer may be somewhat circular. The reason. given by the reading of the megilla/1 on Purim (Megillah, 4a), and the drinking of gemara (Megillah, 23a) for not allowing a woman to read the Torah four cups of wine at tfie Pesach seder (Pesachim, l08a-b). The mir in public is that this would be. al! affront to the "honor of the congre acle commemorated in each case is the one which characterizes the gation"; this itself may be based on the fact that men are obligated to holiday as a whole: the victory over Greek physical and religious per-. studyTorah while women are not, and hence the presence of a female secution during the time of the Second Temple, the salvation from the reader would suggest that none of the men present is equally capable genocidal decree of. Haman in ancient Persia, and the liberation from of reading despite the. men's obligation to study Torah. Thus, the bondage in Egypt by the out~tretched arm of Hashem. inappropriateness of having a woman read the Torah for men may Rishotiim debate the meaning of the phrase "af hen hayu be'oto stem from a pre-existing disparity in obligation; yet the Semag and ha'nd' ~d the exact reason why women are obligated in these three those who follow him wish to base the disparity of obligation itself colfimimdtnents. According to Rashbam (quoted in Tosafot, (in. the case of megillah) on the inappropriateness of having a woman Plllichim l08b), · HAMlVASH, Tevet 57$9 'Tosaf(::r a~k {Pesat_'hitn. 108nL ;vhv arr ~. .,.onh;n nnt nbHgatl"":d ;n che ,ne-n's ob!;f!Hf~ow-. in the~t~ rrur:.:rot art' cqu~tied, tht:re t:~- t:Itady a;_~ jws;- n1it2iYl of su,{ktt. \.Vhich is .rnearH h,· corrnTk'TfHJraie thi'~, rr1i~a(Jt::'~,.-t tifit:atkiH to t\~quin.: for wurntu anydnn; k'.'--"; 1.h:H't tht fu:i obhg:!tftu; To explam the· linukd applic,lllon ot "'a/ ft,,,.,"·, the Rav and R rv!n,!ie Soloveitdiik h<'!h cxplain"i that thi\ pnrn:iplc dc,e, r«11 ,,hlig approach. in \A hich the> palticjpaur_-,n n! v1ornr:'n in the rn!f;t(lc ~erve/; ate Worncn in con1n1andn1cnts \Vhich rncrdy cornrnemorare rnfracles as a neV'/ fnechayei1 ahogei_her, thi:~tc ~s a rrmch broader r;uige of pc.1ii~ in \-vhich \.\iornen were involved. In order to include v..-ornen on the sihihty for the preci.se etfei._·t ,-,f thi:~, n-u::·cha_v•-;v: perha;y-; \.vorncn an: basis of ·\{f hen''7 a :nit;;va rnust possess an elernent of pirsurnei nisa obHgah:"-d exactly as rnen are" or pe.rhtp"i lbjy· are obitgI-n.ed in in:nre, (publicizing the rniraclt~ it cnn1rnen1orates), <)nly in the;-;e cases n1ust nr pt_:rhaps tht-y· arc ub!igat•~d in kss, the rnitz.vu be in(ui-nbt~nt upon all those who took an active rn!c in The la~,t" cption \.vou1d ~~c-rve =:t"i ~-~ b~,1,:.,i,._ for limiin1g !hf· effect nf bringing about the underlying miracle (according to Ravhhmn) m 0 'l'~( hen'·, and ir. [Kl this crption becnrncs vc:.ry aarartive wh::-n \VC who reaped the benefits of the rnirnde ([icconlior to 7i,safot). 'While consider agJin the expiaruition (if the Rctv and R, fvfoshe Sok,veitchik silting in a sukka may commemorate the miracle of the Divim,· cloud,. that '\:~l ho(' apphc~J tu a rnit::"- 10 i}niy when thtn:: exi•-;ts a i\.dfiifrnerH it is noi rneant to puhlici-:_,e the n1jracl~, hence \%-·e rannot apply ··qt of pirsurnei !1i.\'a in the rnit::y,1, ;\ rnitn/a rnay have rnany cornprnwnh hen" w ohligate women; and ,imil;1rly for eating nwt~a and the mir to it: if indis.~cd H i\ ordy the pd'$),l!Jt('! ni_'dl t:n1nponenl \Vhfr:h rJbJ!gates:;t. acle of the Exodus. The three coh1mandments to which ..afhen" doe, iw:omen in the first pince, a~d this cornpi)rH::nt serves a:,, a new apply are unquestionably based on pirsumei ni.lu, this foundation is n-1~i'ha.yc-..., and does nor siinply equate ff1en ·and won1en as far as· thi~ what gives rise, explained the Rav, to !he blessing of "·she'asah 11is· rnit::,va- is concerned~ then perhap\; the result is that \Nornen are· oblig sim" re§:ited prior to reading the megil/ah or lighting Chanukah can ated in thc-nt-itzva onJy insofar as the pirsurnei nisa coinponcnt j7:, min~ dles. ai,d to the similar blessing of "asher ge ·atam/' recited before in1a1!y manifested. For instance. it rrwkes sen~.. e that the goal of _vir-, the second of the four cups at the sedcr. sumei nisu is accomphshed in the cav.: of mPgi!!ah (ar k,h! un a mii:, While this kka of the Rav and R. Mnshe Solovei(chik explains imai level) by merelv hearing it, even without re;idlfl" it ak,ud: rhe why the scope of "af hen" is limited to only" a few mirzvot, we can fur miracle has at lea,.t been pubhdli:d 1anan. his con1es as n,Ysur- 4 Shemot. 13; 9;L6. -~--·prF~,-cons1ueffi'i;i!"ll'l'Fsource"T)rffi\;T'ulITffiam:tme,rrr;-1rilmT11u,efer'---,-S---S=t!re-respoosa-nf-t:~r,-&ad-rt'hayim,--ehap!er 1-8-5; ·in-whid1·llt'-ex,,lai,1s,#t\HJ,.,.------cne-c in Tana(:h anct~ as Rashi in iVJ,f'Pt!"Ull 5 poi the Rmnb,,m groups the l~w, of Purim and Chamikah under I~ ihis om, Ill.le, the differe.nce in his treatment of the two sets of laws is Pirsumtci Nisd' (Zicfutm ffarai-. pp. i 2 That such -a minimal fulfUlrnent is indei.xl auaint~d The two'-"'""'''"''· dealing with Purim. in fact deal sole- evident from the habkhah that one.who wm nOI. ly with laws """""''" until the last ha iit'..t·h~nu•r of "she 'asah nissim" upon 5eeing !it Chmmkah candles {Shabbat, 23a: Shu!chan· Arukh, t 3 The analysh< in this and the follow~ that of Rabbi Nati-lfelfgot ·in his @ti- , (candles are relegated m the second She\'ul 150, pp. 125-7. the title of this section--.."Laws of in. his commentary on rhe. pro~bition of bal tnsij: the trend which emerges therein, and that is the fol, antl Channkah candies··· of these holidays after these central, ,,emrm.,iwrn,,,-,; of Purim Ulld Chanukah share the m.it~w'.t, and begin~ each C\1iTe.~ponding rtiit:va the See, for_ m'::itance, nott.'!~ H} and n supra, and the. Tun'i Even, Rabbi Helfgot\;. art.Ide. ppJ28~HO, for an an.alysi'.i of the ·nirei Even''ci "'V'khipeir ba'ado uv'ad beito uv'ad kol-k'hal Yisra'e/": e lmpa mestic A se on Individual, Family, and mmun RY Jt.:HUVEN WEISER very rea! ::,.ensc and not ~;in1ply a tlkoretical Taking lhe reiationsh.ip o,f marri:ift. AND BENJAMIN RESNlCl< one, Dorne~;tic atn1se; he stated. is a clHKt:rn f}i,_;-yond the scope of der-aih:d '>pet.:ffk; he prohlem of domestic ,1bti;,e, oftt:n that pernieates our shuls and connnunitie~. halakhuL KaHah Rabbati :dates !.lH.t! one.:; assumed to be uncornmon in the Rabbi Sacks beg.an the shiur by citing :-,houid !ovt'=' his \<\life in his hean awJ re:--,i::,er.i Jewish community, act11ally aflect, Ra'avud'~ in:..1uiry as to the ~ourcc of rnarita! her in hi:-i act!(m\, .Rarnbarn assert:') th~.1t aB (,f more Jewish families than one might su,,pect. rela.ti,lilships and obligation~. Ra'av,,d ..:rnt o rnan\ conver~arum s.~·ith hl) wif{: should be . This was the ·unfortunate truth conv;;yed to dmks that the basi, for these concepts i:; r.hc '"h 'nacha(' - in a peaf.:cftd tone. Rabbi 7->act,-;\ ·RIETS students at the Yom lyun held· on pasuk,_ "al k.ein ya·azov ish et aviv v'et irno, noted that in this an:;::1~ there can he no excJJ:;~ September 16, 1998. The purpost: of the pro F'davak b'irhto, v'lwru l'msur echad" - e~ and exceptions. He, added H1at ·abufie h.a~ a gram was to make those in attendance, most-· '·thus a man will icave his father and hi, negative effect not only on the obviou-; vic iy s 'mikhah students fepreseming the future mother, and he wiH ding lo his wife, and they tim - generally the wife - but also qn the rabbinate of America, aware of and ,cnsitive shall be as one fle,!1," Ra'avad a,ks as to children and the fatni1y unit RJn cornments to rhe fa, .. reaching nature of domestic abu,c. how the tornh can mandate such a clo.,e rela that v;hile ~tnain per~onai characteristk.:-¾~ The · day began with introductory tionship between a hu-,bam.l and wife; he such as intcHectual positions. are detern1incd remarks by Rabbi David lsrae!, coordinator rc~ponds by pointing out thm 1naniag<1 is not primarily by one', own choic::,, behanor and of the Departrnent of Pre-Rabbinic Services. just the binding of two individw,l;,, blil it was ,wdor are l,•rgciy infli.ienced by one\ parents. He commented that before his involvement built into the nature of the v, orld when A ,on who grows up in an abusive h(Jme i, with !he Yom Jyun, if asked to discus, the Chavah was created from the t,:ela of Adam. more likely to become an abuser himself, problem of domestic a~use, he would have l\lan and woman, he claim,, are meant to learning from the example nf hb father. !n had to rely on his instinct rather than actual realize that they are simply part, of the ,ame this regard~ "'one sl!ght deviation. one reck knowledge of or experience with lhe suhject. unit, and marriage i, a rewrn ro this original les, momenC rnn have irreversible ramitim Unfortunately, he would han been quite state . tions. ___wJ:.Qng,_&_:;001 found out that the situation __ .. _Ti1is unity, Rabbi Sack,. noted. i, evidenl In tbi,, regard, R' Yonah ,u.tc, that there was much more severe than he would have on a ha!akhic level in many an:as. Ra'avad, is a communal re,ponsibility to have leader;, imagined. He pointed out that the purpose of Rosh, Ran and others note 1hat a man', lega! who arc able to deal with i:,,uc, rdatm,: to . the day's program was to make sure that as tesrimony with regard lo his wife is entirely shalofn f1ayi-t. Rabbi Sacks said that it .is... the rabbis, none of those in attendance would invalid as a result of the fact that it i, as if he obligation of the rabbi in every congregation have to rely on their own instinct in dealing is testifying about hi1:1self. For a similar rea tn · deal with situations of domestic abuse if with domestic abuse; they would instead be son, says Rosh, a man cannot nullify vows aml when they come, and to con.,,.uh with oth able to act in accordance with some degree of made by his own wife, though one generally er,, if necessary, rather than to act on inw preparation and knowledge. can nullify vow,· made by one's relative. R' ition. He concluded by expressing his hope Rabbi Zevulun Charlop, dean of RIETS, Yosef Engel notes that there are two p '.mkim that one day, a di,cussion of domestic abuse spoke on a slightly different topic; rather than used to teach us that the wife of a kohen is would be a, theoretkal as a di,cu\sion of hen focusing on abuse within the family, he chose permitted to eat t'rumah, even though she soreir u 'moreh. ~ to discuss 'the abuse of the idea ... of fami herself is not of such significant lineage; she Rabbi Robert Hirt, vice president of ly." He asserted that the unrelenting assault is considered "miknat kaspo" (the acquisition RiETS, pointed out that die mishnah charm; on the institution of marriage stands at the of his money) and "b'veitcha" (in [his] terize, a Jewish home as one in whi~h, before very center of society's problems. He attrib house). Marriage is not simply a financial Shabbat, the husband gently directs his wife uted this to the prevalent perspective that all arrangement, as the former pasuk implies; to light the Shabbat candle~, whkh are a moral laws are man-made and can therefore the latter pasuk indicates that marriage is also symbol of shalom bayit. This commitment to be unmade by man. He said that while this the creation of a household with a uniform a peaceful household must be pre;;ent issue was not the focus of the Yom lynn, it level of k'dushah. The Roke'ach comments througho~t the entire week. as welt was no less important and certainly deserved that the obligation of honoring one's parents Rabbi Hirt then introduced the .:entral a simi.lar amount of attention. in-law is based on the pmuk '·v'hayu /'vasar speaker of the morning, Dr. Abraham Afterward, Rabbi Yonasan Sacks, a Rosh echad;" husband and wite are viewed as one, Twersky, a noted psychiatrisi and lecturer, · Yeshiva in RIETS, presented a shiur about the and thus one's parents-in-law are viewed as Dr. Twersky began hy sadly commenting that relationship between husband and wife, He actual parents, Furthermore, Ramban posits on his first iime addressing a r ffAI\U.VASU,, Tevet 5759 51 1\vcrsky l:oun:,,.ek~d, \Vt- rnay l;)c nbk to intervene at a hnJl~ \Vhr·n the t.:V£0.nwtnlt/ t~ no ct.l~s6hitit:n::: -·out" :e~i~t h 1ou rni.tny:~ ,Dt ·"fWersJ.,yJe-Scrlb-..~l hn\\-' ~-.itu,,Hit)n~ nf dnrne~fh: aln.H~ ~~~nt:L.il~ n1arri l1 ave be shav:: v.,ith the decirk- ·~h;ic •¥- ' Jl.-t L ·t j- - f - · ~ · · ' I< - ID!IRNALQFHALi\CJfAA.N.D COJ'iTEMPO£.ARY 5QCIETY: i:~~:l 1~~~:~,:::1~1:,'!;''.::'h~~~:~~~i '!i:,::i~~~-:~.,~:~1:+~;t:}!,:~,'.t'.::~ ,;n!,'~:; (vol. Jo·- R. Jacnb Jo,eµh Sd1,x1! .. ,,ditor. !'inaHy. R M,,,,!J,; Weiss' '"1aU,;,J'i: Ha!akha i,_nd Socidv" ,..,,n Rabh1 Alfred S C(lbeni duJe:-. Lhat lh.: Bihlicai proh_ibiuon :igafr1st ttu,umg dt:nnH::. ir,.:_·i½iot1~into !.he "ikin and pL.1s.:ing ink iJ'hHJc, Hr: tfr..:cu~1·JC~, irk: t,r:d~r imd H\.-:anina, t»f t;.ach The lead article, ··<,itti11 She!JJh /Cd 55 B001< REVIEW Hebrew Bible, Trible.. employs new criti• t1ms. In this vem, she dedicates the last page cism, part of modem literary theory used for of her bbok to the memory· of the women of . a, close-reading (akin to peshat). · the Bible, extending. this .memorial to Trible difters from the view of some of women of all times and places w.ho suffered her colleagues, including those with whom acts of violence. she collaborated in a seminar transcribed in Phyilis Trible meets her goal of remem Feminist Approaches to the Bible: a bering the abused women with her sympa thetic and "intrinsic reao:ing" of the pertinent By Phyllis Trible Syropo$ium at the Smithsonian Institution. This work presents the viewpoints of Pam texts. However, while her interpretations are - Milne, Trible, and Tikva Frymer-Kensky, text-based, she utilizes only some of new Fortress Press. . criticism's textual devices. Trible's readers $/5.00 then Professor of Hebrew· Bible at the University of Chicago. Milne and Frymer- would be served well in the future by a deep Kerisky believe that the Bible is misogynis- er' study. This ~uld not alter her sympathy R:BVIEWED BY SHARI L. ROSENBERG ., tic. They cite numerous instances of physical for the plight of these women, but it would '""~...,.,...... ~ . · and sexual'"3buse:pf.vv.omen. ln.these. cases, · shed light on the related nll(l'atives. Thi$. i~ Whatever our beliefs about the natm:e of · the Bible never overtly condemns eithenhe true regardless· of whether their suffering their origin, the hangful of immutable pre- acts themselves or the characters who per can, to a small extent, be attributed to .their cepts at any religion) core are embedded in form them. Moreover, the Bible factually preceding actions, or -whether they were a vast pulp of tradition, interpretation, and cites other's impotency to punish the perpe completely innocent victims. For instance, practice (Cullen Murphy. Women and the trators. For instance, King David hardly further stµdy might inquire, "What, if any ~. Atlantic Monthly, Aug ..1993). . does justice to Amnon after his son brutally thing, did Hagar do wrong?" A brief .e)(ami In her work, Texts of Terror. Phylhs rapes his own daughter. Milne; associate nation ofthe ''playing" of Ishmael, Hagar's Trible, then the Baldwin Professor of Sacred professor of Hebrew Bible at University of teenage son, would be valuable. Literatore at Union Theological Seminary, Windsor, Qntario, aptly expressed her oppo Texts of Terror recognizes powerful use implicitly demarcates between canon and sition to the Hebrew Bible's portrayal ofter of possessive and other terms in place of tiadition by providing close readings of ror upon women in her claim that the former women's names. For instance, Trible points poignant Biblical narratives. She selects sec- would be rewritten if not for the latter's per to thejuxtaposition of Sarai. as "Abram's tions of the Bible that depict the suffering of vasiveness, as attested to by the "apples''. on wife" and Hagar as .. "maid of Sarah." She four women: Hagar, concubine of Abraham, thousands of computers (alluding to the -suggests that the Bible could simply have who was cruelly banished to the desert; Garden of Eden in Genesis). used two personalnames, but chose not to Tamar, the defiled daughter .of King David; Professor Trible implicitly asse.rts that refer to them in that manner. However, her the unnamed concubine of Judges who was· the Bible is not self-reflective. It never con. supposition that the "Bible is on the side of raped, murdere_d. .and dismembered; .dones nor condemns an act of terror it cites the o · ressor" needs stron er roof. In a ep t s aug tet, t e v1rgm s am an sac- whether aimed at women. or at men, i.e; future Wodc, the complexity of determining rificed._ Her goal is to provide an effective Noah, Isaac and Joseph .. However, she whether this locution is a window into a memonal for thes~ characters thems~l~es, acknowledges that the narrator sometimes character's self-perception;.or a reflection of and for all women~ho went through smular seems to talce the side of the oppressor. the narrator's perspective or that of another trying ~xperienct:8. . Trible's reading is more perceptive and con- character. should be discussed. · · This wor~ diverge~ from the _numerous elusive than those of her counterparts. In conclusion, Trible meets the demands post-modenµnterpretations that give prece- Trible cites these violent acts in order to ·of•ethical consciousness demanded by gen dence to reader. response over textual analy- commemorate what the Bible· does not,. but der critics. She sa4ly remembers the victims. ~is, especially for gender criticism of the should, accentuate. She remembers the·vic- of the text.that she closely read. . . . . ~ ; ~1~1950-P~ 212-31741159 . to iut48 th $\Teet, Near 5th Ave, RockefeUer Center, Saks Fifth Ave ·•. WE· DBLIY!R • ' HAMEVASH, Tevet 5759 ·' Ge,naui\ conciw~ion i, that it is p;1.n a \-\,;,TiJ'iii~drni n-ttght \von:1~1.n 's head. Thi~ vvoutd rnuke lt 1nnre dif~ day ,,,;,,:igs. tieoll to l would ahu likt w out that a rnodern day wig be frn've changed considered detaeheJ more than a · I"' 'ah,' when it dl.d We 1iow return to the Yerushalmi in KetuvoL There seerns ro be a dispute di!TicuH decisions. The rk~xt :)lep on our hetween the B,1vli anJ the Yenishalmi. ney \V~Juid he to ~ee hnvv tho;,.e authcinties between R A,,i and R. reconciled tltt:~ 'iOun:es vvith the oract!cc. two of R. Yohanan·s disciples. The trarJi:ion :'00TE.S , codified in the Bavii had R. Yohanan ~i\ say ing "/wllmah,' and !he one codified the Yerushalmi had him as · kafl,ui11s Which is more authentic'' the Yemsha!rni has more authentic traditiiins d Kl·tu·-<'t (though our text has been distorted over cen 72b. ~lfa.:c !here tht"S :,;,taremenl .:s,rnc;', from the i;,t R. turies of neglect), since it was redacted earli Ls.hrnat.'.!. nut he hirn;;eIL 7 Yonah lbn fanah, 'l93'LDJ\lli'o'EbllF!\ er.. This is true when cHing a lttkowskL J8'-J!l/ source from the Land of Israel fin this case: R. Yohanan and a disciple of his), Moreover, it makes sense that was the nal. and in Babylon it was confused for 'kallatah ' The c6nverse is difficult to rccon, is a Latin word. not known in people didn't nnderstand the word. and the word ended up being word already found in the Mishnah. K understood not really nf un~ o\.:cnnfl." hair. The Gernara, based on its interprerntion 4~ Cf net.: · of the Mishnah, ,.,,,ntf,n,,r,,,,,,r1 R, Yoham,n as primary case of the only ,-,-,.,,,,._ to the 15 1... r Nmr.bl-r.-. Rahh::i.h 9: l 2. Tflc puralle-l" Mishnah: the It, therefore, con YernshalrnJ Sot'lh !: 7, however, lack~ our ca.:;1;, !6 I have deviated from tbe mmsimion rJt ··hair in u me,;:-,' cluded that wigs are forbidden to be worn in onmy 3 (without another l7 Jacob To summarize,95 we have 'the fol answers based on the Rabbinic evi dence. Originally wearing a head covering was only a custom, until it was as a on of 'Jewish custom.' Later, Pentateucha! ·x in a woman a :,,.exoal incitement .. l7 Italic:-. rninc. Greek: ··atataklup\:1.•, ·----z·f_ Hut<:' was sought out Originally, proba Yerusha!rni Hclah 2: I lack~ the opinion of Rav Shesheth. evidence he \vasn'r evuyonc< After alt he docs seem 48 Cols1m 512-::u. hi the ., erst cfilb the bly modesty. Later, more stringent sexual and perhaps 1~ven 49 And even Hm Ezra on hi:.;~comm-cmarv women, as \.Ve traditional inil:rpretation ''tmth.'. connotations were gi_ven, According to the 50-cf. "feru~haJnu Mc:_::lllah t:10. and 2:26- 2 i Rabbi Dr Freed.Imm BA Numberc; RabbcJ1 Rabbis, braiding one's hair is not sufficient; 5 t Rabbi Dr L· 96 Mid.rash F'~lliill, voL 3 A dec.ent covering seems to be sufficient, 271. except, perhaps, according to Rav Shesheth; 22 Act~ 22:3. however, pious women cover every hair. From tho sources it doesn't seem that women are ol;)tigate:a to cover their. hair ai home, Pious women, always cover ,heir hair at home. A co11rt'varct seems to be like is no clear consensus \vornen don't seern to be according to Rav Sheshet!L There arc contra, sources about the status of divorcees ;'>Jeusn;;:1~ ra:n~k...Ritl-tl:Nili, l9S5) H87 3t} ~,knrnm Sche,:bt-a. \i;rk: Philipp f-i.·klheim, 1967) 57 mudl ~1t1,1ut nur h)ti!'l ri1;-,:y !);: nnothu ;,,i_1tm:.:- 'imt cnnru.:,:lj;. \\\~men·_.., '"''" ,c,"'"'"''' with i,1m.r·r,inz. :\tiv: Th,~ in 11,1nna! t:ir....:um:-:tam·e;,, C•ut. fihyim.;;\lJy Jjjf'(-;fenr J!Jt 1he wonian in que;«t!on ha~ no to covc.r her head i~ find them ? 2 Ja.\,h ;\eu~;r;cr.. ll1-~.llitnl!1.; uf1~Gid, \·d. 22 :_Chicag-~): The Cm,.·cnity of ('hicago Pr.,•ss, ! 1)81) 228. ?l CL R.:1.,hi, S.\. b~.;-~huk.: F,,,r even th.: geu!ik m,uried \VH!!-..>n \\'t'P--2 ac.:u::-;UnneJ nm tl) g<),oU! with h~tre he-ad. ;!.,'1(! :-.,\·. SO[f'i d Sa:'\HHh: He intn·H5t.~s ib t\pi\SUr-,: by undo;ng ht! bt{.tlti° rm111,;!ation min~-l h~r h;J.i.i " rA'rf~~l~~i~ TING COLLEGE·S~Uf;EN~~---- -i SENIOR RIETS SEMIKHA STUDENTS I l RECENT YESHJV A UNIVERSITY ALUMNI j c;ive a Year t(> Yourself ancl the Jewish Pec)ple Inspiring and aspiring B 'nai Torah arc needed to lean1, teach_ and reach-out to fellow kws in communities across the United States and throughout the world. This is ... •!• An opportunity to continue your learning under the guidance of dynamic Roshei Kol!eL •!• An opp01tunity to experiencl! the richness of other Jewish communities ______:-~ ___J\n_opportunity to share the Torah of our Yeshiva with other Jews who desire to grow in thefr Y1ddishkeit. •!• A,n opportunity to act on your idealism, help the Jewish People, and develop as a leader. The Kolle! Torah MiTzion program in pm1nersh1p with the Max Stem Division- of Communal Services of RIETS is searching for capable individuals and couples to serve in Religious Zionist Kollelim alongside students and rec;;;nt graduates of the Israeli Yeshivot Hesder. ln North America, Torah MiTzion Kolle! programs currently exist in: Atlanta;=.GA; Boca Raton, FL; Chicago, IL; Cleveland, OIL Holliswood, NY~ Kansas City, KS; Los Angeles, CA; Memphis, Tl',;; New York, NY; Silver Spring, MD; Montreal, Canada. Other community Kollelim are currently in fonnation. For more information, please contact .Max Stern JJivision of Communal .\'ervices International Headquarter-. 500 West 185th S1ree1, New York. NY Religious Zionist Forum Rabbi Davu.i Israel. Assistant JJirector 33 Ramban Street, Jerusalem, Israel (212) 960-5212 rahhit/a~idisr,u:tajuno.com Dr Moshe Green. Chai:man · Mr Zcev Schwanz., Director Afr Rqfi Lipner. hwm (212) Y60-52Y2 JP-'iD m1fl Torah.Mifum 59 Rabbi Isaac Elchanan Non Profit Org . .Theological Seminary U.S. POSTAGE PAID 2540 Amsterdam Ave I •1 New York, NY New York, ~'Y 10033 .l I Permit No.::4729 --- ==== Published bv the Student Organization of Yeshiva and the Torah Activities Coun£'il of Stern College for Wo111e11 _other rorrunand The word dror aiso recall:, won1en 's faith.26 he.... Ca!h upon 1he wornen of a m:::nt,. have been applicable \Hlve the giving verse in the bibie: it is the this generation to hctve faith :1s wc!L There of th,i law al Smai. Jt i,, the combming of same word used to describe arc even specific co1nrrwnd1nents cited about these l\.vo, the i1Jea that \vornen should keep the oi! that was mixe1 with ~vhm women should do to help bring the mes tbese commaudrnents precisely in order to is their d:iing their share spices an use m t 1e tern .... slaf1. Most obvi'ou, hring about the redemption. which i, irmova 19 pk service. Thus. when regarding the comm:rndment to have childn.-n tivc. 1This innovation shows the general this prophetess promises ai,d to keep the laws of family purity. Thi, i, nature of the current Lu.bavitch philosophy; that God will provide the same substance that an extension of the women of Egypt. who aU deed, ,hould be dor,e to bnng ab.out the she was eating to all of Israel. she is speaking bore children even in light of Pharaoh\ ·coming of the me,,iah. Th~ fact that tflcy ar'e of redempt~om foll of began the shiur with a .somber introduction, rhat ,he marital obligations the !urah pluu,s future rabbis. he fell ii upprnpriate lo recite first noting \fl.e,comforting talmudit: pa,,sage on a hushand - providin?- fno