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LETTERS TO THE EDITOR

Semikhah for Women?

DR. JOTKOWITZ’ claim (Hakiraḥ , in the future I do not know. But 22, p. 61) that R. Aharon Lichten- what I certainly do know is that stein took no position on whether today it is important that women or not to grant semikhah to ladies is know Torah and that they cleave contradicted by the transcript in to Torah. Tradition 49:1 (Spring 2016) of Rabbi Aharon Lichtenstein’s public Editor’s note: remarks on the same subject. As alluded to by Rabbi Spira above, Shalom C Spira the following statement from Rabbi Montreal, Quebec Aharon Lichtenstein, “Perspectives on Women’s Leadership in Ortho- Alan Jotkowitz responds: doxy,” Tradition 49:1, 2016, p. 35, is relevant to this discussion: I thank Rabbi Spira for taking the time to read and comment on my The thornier problem is of essay and will simply respond by cit- course the issue of conferred or ing Rabbi Lichtenstein zt”l as legislated leadership. In practice, quoted by Chaim Sabbato, Quest of this issue decomposes into two Your Presence—Conversations with separate problems—the role of Rabbi Aharon Lichtenstein (Tel-Aviv: officer in a shul and semikha for Yedioth Ahronoth and Chemed women. For lack of time, I can- Book, 2011) [my translation]. not give these questions the at- tention they deserve. I shall I do not know what the halakhic therefore have to content my- decisors will rule in another self, as will the reader, with a thirty years regarding the pithy bottom-line summary. I question of women’s ordination am convinced that most of the and other similar questions. I points raised with regard to the simply do not know. I cannot first area are readily soluble. forecast the future. I am not That is not the case, however, as convinced… that women will regards the second, which ever receive formal ordination. touches upon elements long ab- The position of the Rambam jured by either fundamental Ha- based on the Sifrei against the lakhah or minhag Yisrael. This re- appointment of women is well lates, of course, to the formal known but there are poskim who spiritual status and not to ad- disagreed with this. What will be ministrative roles of different 12 : Hakirah,̣ The Flatbush Journal of Jewish Law and Thought

character. As regards the for- Cowen errs regarding his claim on mer, holding the traditional line p. 33 that Noahides are allowed to is, for us, very much in order. abort fetuses less than 40 days old, or where the mother’s life is in dan- A Populism of the Spirit ger. See R. J. David Bleich, Bioethical Dilemmas II (Targum Press, 2006), AS ALWAYS I look forward to read- “Stem Cell Research,” and idem, The ing Hakiraḥ and have not hesitated Philosophical Quest (Maggid Books, to congratulate you on your usual 2013), “Tikkun Olam,” that even excellent articles. But I think your such forms of abortion are forbid- standards have been lowered with den (as a matter of safek) to Noahi- the essay in your Spring 2017 Vol- des. ume 22 issue entitled A Populism of Also, it seems to me that R. the Spirit by Rabbi Dr. Shimon Cowen’s claim (pp. 28–32) that the Cowen. I have no problem reading Torah rejects all possibility of con- articles I disagree with, but Cowen’s cern for global warming is an over- article did not meet the usual stand- statement. On the contrary, I would ards of Hakiraḥ . It was simply a po- counter that the Gemara, Ketubot lemic against western liberalism 30a, duly recognizes the science of without any significant data to back global warming with its teaching up his claims that most of our cur- that “everything is in the Hand of rent social problems are due to “he- Heaven, except for too much hot or donistic materialism.” For example, too much cold.” Namely, if physi- arguing that the breakup of families cists inform us that—through re- and the increasing divorce rates are sponsible behavior as stewards of due to it [hedonistic materialism] or the planet (while obviously living claiming that children do better be- our lives according to the Torah, ing raised by heterosexual parents i.e., as strictly Orthodox Jews)—we as opposed to homosexual ones or can prevent excessive global warm- that the crisis in caring for the aged ing, then [it seems to me] this would can be solved by women not work- be encompassed within the rubric ing. All this might be true, but in a of Ketubot 30a, pursuant to Tosafot’s serious and reviewed journal one elucidation of that principle. should not spout these beliefs with- out evidence because then the Jour- Shalom C Spira nal loses its respectability and objec- Montreal, Quebec tiveness which I presume you have worked hard to attain. Shimon Cowen responds:

Alan Jotkowitz My article, “A Populism of the Bet Shemesh, Israel Spirit,” sought to cover in 24 pages a wide panoply of social policy, in In general, R. Cowen’s article is out- the light of the Noahide laws. The standing. At the same time, R. constraints of such a sketch did not Letters to the Editor : 13 allow me to document the halachic Unterman, who states (in Noam, sources or the empirical research re- Vol. 6, pp. 1–11) that abortion be- quired to establish its many state- fore 40 days is more lenient for a ments. It is more a “manifesto” non-Jew than for a Jew (even than a systematic work demonstrat- though after 40 days it becomes ing its conclusions through detailed more severe). Whether or not this is study. That, however, does not halachically decisive, a number of mean that this work has not been halachic authorities, including done. My book The Theory and Prac- Rabbi Moshe Feinstein, cited in the tice of Universal Ethics—the Noahide Encylopedia of Medical Ethics of Rabbi Laws addresses the halachic founda- A Steinberg, Vol 1, in the entry of tions of many of the statements of “Abortion,” state at all events that a the article, which Rabbi Spira ques- Noahide is not liable to the penalty tioned in two places; and my books for murder for aborting a fetus Homosexuality, Marriage and Society within 40 days of conception. The and Politics and Universal Ethics ad- question is whether there are cir- dress some of the empirical state- cumstances (other than endanger- ments for which Dr. Jotkowits re- ing the mother’s life) in which it is quests documentation. actually permissible within this time Rabbi Spira writes that I am mis- period for a Noahide to have an taken in a claim, which he para- abortion. Rabbi Moshe Weiner in phrases thus: “Noahides are al- his Sefer, Sheva Mitzvos HaShem, Dinei lowed to abort fetuses less than 40 Retizcha v-Chabola 1:12 fn. 39, ex- days old.” In fact, my words were plores possible permission for this on “Within 40 days of conception, in various grounds, including in cases extreme circumstances such as rape that psychologically deeply impact or incest, there may also be permis- the mother (which would include sion to abort.” In other words, I did rape and incest) and profound not propose blanket permission for threats to the viability of the child a Noahide to abort within 40 days, due to gross deformity and defects. but only under specific circum- Based on poskim, he suggests possi- stances. Rabbi Spira cites several bilities, but concludes that one works of Rabbi J. D. Bleich, as stat- should not rush to permit an abor- ing that abortion before 40 days is tion in these circumstances, because forbidden in all circumstances to a of the general severity of the prohi- non-Jew. I have accessed one of the bition of killing, under which “nor- books of Rabbi Bleich, to which he mal” abortion falls in Noahide law. refers, The Philosophical Quest, and But this does not exclude the possi- did not find such a statement in it bility of permission. Accordingly, I and so am not acquainted presently wrote in the article that in such cir- with his reasons, which may be set cumstances, “there may also be per- out in the others. There is, however, mission to abort.” In other words, an halachic authority, a former the question can be asked of a Rab- Chief Rabbi of Israel, Rabbi I. Y. 14 : Hakirah,̣ The Flatbush Journal of Jewish Law and Thought binic authority, if and when the cir- picture, including the climate, risks cumstance actually arises. See pp. a hubris that limits not only our 307-308 of my Theory and Practice of faith in G-d, but also the bounty Universal Ethics—the Noahide Laws. that G-d can provide for us through Rabbi Spira’s second point con- nature. cerning Global Warming is also bet- Dr. Jotkowits wants to see the ter answered from a reading of my analysis that shows that the ideol- chapter on “The Treatment of Na- ogy of hedonistic materialism is ac- ture” in The Theory and Practice of Uni- tually associated with family versal Ethics. Under Noahide law, breakup and divorce; that children humanity is permitted to utilize na- are raised more happily by hetero- ture’s resources, but should do so sexual rather than homosexual cou- without unnecessary destruction. ples; and that the increased ten- This is a matter of balance: the use dency for women to work (and to of resources requires circumspec- work longer hours) impacts on the tion (looking around us), but the care of the aged. In my book, Homo- question is how far we can claim to sexuality, Marriage and Society, he will see and control. “A Populism of the find a good deal of the data and Spirit” warns against an ideological analysis he seeks: comparative rates element, which can disturb this bal- of relationship breakdown between ance. The point is brought out by heterosexual and homosexual cou- the Tosafos in Kesubos 30a, which ples, correlation of looseness of Rabbi Spira cites. The Tosafos ex- family bonds (in terms of rates of plain that it is the practical dealing birth out of wedlock) with hedonis- with heat and cold dealt by the cli- tic-materialistic flagship regimes mate, for which a person is respon- that have legislated “same-sex mar- sible: we can and should dress our- riage”; and how and why children selves warmly to survive the cold are impacted by not having the and sit in cool places so as not to be complementary parenting of a overcome by the heat. That is to mother and a father. The point that say, we are bound to protect our- full-time working women cannot selves from the climate. But this is care for elderly parents, as well as not the same as saying that we can women with a lesser or no external manage the climate itself, with its work commitment, requires little output of cold and heat. The Mal- demonstration, but I am confident thusian “catastrophe,” predicted that there are books that discuss this over two hundred years ago, of an in empirical detail. Here too, the earth that could not feed its bur- purpose of my article was to con- geoning population did not stop re- trast the world view of hedonistic ligious Jews (or others) from having materialism with the faith-tradition (and feeding) large families. Pru- for which the Noahide laws provide dent, circumspect conduct with na- the common core. It was meant to ture is mandatory, but to say that we highlight, and prompt considera- know and can regulate nature’s big tion of, the choice that currently Letters to the Editor : 15 confronts humanity. Indeed, my to the halachic study of the ideal hope is that it will lead both to em- world of the Noahide laws, which pirical examination of a society, dis- produces a society resonant with integrated by the world view of he- the human spirit. donistic materialism and dissonant with the human spirit; and more so, 