WOMEN AS SPIRITUAL LEADERS AND HALAKHIC DECISORS – A POSITION PAPER Rabbi Shlomo Riskin To what extent may we look to Women for halakhic religious leadership? Is it (תפקיד רבני) halakhically acceptable for a woman to assume a “clergy” role ?or within a specific Synagogue (מועצה דתית) within a Religious Ministry This issue is being vigorously discussed and debated in Israel as well as in the Diaspora, and for two very understandable reasons. Firstly, one needn’t be a rocket scientist to marvel at the sea-change which has dynamically transformed the status of women during these last five decades in every phase of public life: from the Executive Board-Room to the Science laboratory, to the University Presidential Suite to the highest political positions of government. And so, from a solely logical perspective, why not in the Synagogue and Bet Midrash as well? Can we afford to lose the leadership of 51% of our potential? Secondly, perhaps for the first time in Jewish history we may now boast of a significant cadre of extraordinary women totally committed to Orthodox Judaism and profoundly engaged with the sacred texts of our Oral Law (Torah She’baal peh), due to the rise of Women Seminaries dedicated to teaching our classical halakhic texts to women on the highest of levels, such as our own Midreshet Lindenbaum in Jerusalem, the Nishamt Yoetzet Program and the Graduate Program of Advanced Talmudic Studies at Yeshiva University’s Stern College for Women. 1 Hence my most revered Rabbeim, Harav J.B. Soloveitchik (the Rav) and Rav Menahem Mendel Schneerson (the Lubavitcher Rebbe) told me (in the Fall of 1972) in almost exactly the same words, The most serious and significant issue challenging 20th Century Orthodoxy is the place of women in Talmud Torah and in the Synagogue Community. As we continue our study, it will become eminently clear that from an halakhic perspective there are many opportunities for women to play a pivotal role as religious leaders not only within the larger Jewish Community, the JCC Matnasim and the Jewish Federation worlds, but also within the Moatza Datit Religious Ministry of every municipality in Israel, and even within the Orthodox Synagogue, Bet –Midrash and Responsa Literature worlds of halakhic decision making. But first we must attempt to define “spiritual leadership” roles in a more specific manner, in order to better understand how women can emerge as true religious role models within the framework of Torah and halakhah. 1. May A Woman Function as the Sole Spiritual Authority Presiding Over the Synagogue? If we are considering a woman, as learned as she may be, for the appointment as primary Clergy- Persona responsible for the Synagogue services, I would argue that this would not be a suitable possibility. My reason here is both historical and practical. It must be remembered that the Synagogue primarily emerged historically as the venue for Public Prayer and Public Torah Reading, two activities which the Congregation of Women is not obligated to perform; ‘hence, a woman may not discharge the public recitation of prayer or public recitation of the Torah readings for a congregation comprised of both men and women, and for this reason 2 halakhah forbids women Cantors (Baalot t’filah)1. Similarly with respect to the public Torah readings; there is no source in the Talmud that obligates women, and the Ba’alei Tosafot specifically state that women are exempt from time-bound Rabbinical Commands - as well as – from time-bound Biblical Commands.2 The author of the Arukh HaShulhan, Rav Yehiel Michel HaLevi Epstein, even goes so far as to state that “there is no greater degree of ‘time-boundedness’ than Public Torah Reading”, which is certainly an endorsement of the view of the Ba’alei Tosafot. These sources would all agree that since women are not obligated either to pray in a public forum or to hear the Torah reading in a public forum, they can not discharge those duties for a Congregation of men and women! 3 From a practical perspective, in the Oriental Edot HaMizrah Synagogues, and even in smaller Ashkenaz Synagogues throughout the diaspora, the "Rabbi" would certainly be expected to lead services and to publicly read the Torah portions, if not on a regular basis then at the very least on special occasions or when there is a dearth of qualified Biblical readers amongst the congregants. Hence I do not wish our Women Spiritual Leaders to use the term Rabbah or Rabbi suggesting that she can do whatever a male rabbi can do including leading in Public Prayers and in the Public Torah Readings on behalf of the male congregants; neither may they function as the sole spiritual leaders of the Synagogue even on a temporary basis, for the same reason. (We have found that our graduates seem to choose the honorific term “Rabbanit” as their preferred title, which I believe to be fine) But as we shall which require ten men, and see (דברים שבקדושה ) "See Mishnah Megillah 4,3, which lists "matters of holiness 1 too Levush on Shulhan Arukh Orah Hayyim 55,2, based on B.T. Kiddushin 35b and B.T. Bava Batra 113a and esp. Rashi on Ex 19:3, “the term b’nei yisrael applies only to the men and not to the women.” 2 2 Tosafot on Berakhot 20b s.v. bi-tefillah peshitta; hence women may not be ba’alei kriyah either. 3 see, they may function as Spiritual Leadres and halakhic decisors within the Synagogue and Bet Midrash context. 2. Women Teaching Torah (Bible, Talmud, Halakhah, Philosophy) Publicly in the Synagogue and Officiating at Life-Cycle events It certainly should be clear to every Orthodox congregant of a Synagogue that teaching Torah is a most basic rabbinical "clergical" duty; indeed, I would argue that the main function of the Orthodox rabbi in Israel as in the Diaspora is as the primary teacher of Torah within his Synagogue community or within his City. That was certainly how I defined my rabbinate in Lincoln Square Synagogue as well as in Efrat, teaching Torah on varying levels and establishing Torah Institutions wherein I taught as well. Indeed, the major aspect of the rabbinic "prob’e" (final “test” for acceptance as the rabbi of the Synagogue) is the content and inspirational quality of his Sabbath morning sermon ("d'var Torah, Biblical lesson on the Sabbath weekly portion) and the erudition and halakhic clarity of his Sabbath afternoon Talmud class! And so it is in our Modern Orthodox Community, in America as well as in Israel, that learned and charismatic women have taught Torah in Synagogues, batei midrash and lecture halls – such as Prof. Nehama Leibowitz, Rebbitzen Jungreiss, Rabbanit Malka Pietrokovsky, and Rabbanit Tova Lichtenstein - to audiences of men and women without any substantive Rabbinic opposition and often in the presence of great Roshei Yeshiva and Poskim. And so it was at the levaya of Rav Aharon Lichtenstein ztz”l that his daughters as well as his sons gave public eulogies in the bet midrash of Yeshivat Har Etzion. 4 It must be noted however that a most revered Rosh Yeshiva and Posek, Rav Hershel Schachter, wrote an article entitled “Women Rabbis?”4 in which he cites the Prophet Isaiah who describes God as a Keil Mistater, “A God who concealed Himself”5 , a God who is private and anonymous who encourages tzniut, modesty. Since we Jews must “walk in (God’s) ways”6, we, too, must strive to remain private and anonymous. Nevertheless, he writes, since “we must have a government with a King, a governor and a mayor, and we need a shaliah tzibur…. and a rabbi…, only the men should compromise on tzniut and take on these public positions. Women are always encouraged to avoid compromising on their privacy…” It would seem from his words that Rav Schachter might well forbid – or at least discourage – women from publicly teaching Torah… However, the Union of Orthodox Jewish Congregations of America sent out a memorandum (2016) and Psak dealing with women and Halakhic Leadership, signed by seven highly respected Rabbis and Roshei Yeshiva, including Rav Schachter, which opens with the following statement: Within mainstream Orthodoxy more women than at any prior time in Jewish history are learning and teaching Torah, with passionate commitment and at unprecedented levels of scholarship and professional achievement. Motivated by yirat shamaim and ahavat HaShem, they seek not only to learn but to teach and inspire others. Similarly, highly qualified and dedicated women are increasingly assuming leading roles in Orthodox communal life, both as professionals and within the laity. These positive developments have transformed the face of Synagogues and the Orthodox community.” 4 Hakira Flatbush Publications, Vol 11, P.19 ff 5 Isaiah 45:15 6 Deut 28:9 5 After signing this beautiful and encouraging praise for women teachers of Torah in the public arena, Rav Schachter cannot possibly be prohibiting such activity outright; I would suggest that he was merely requesting that it be tempered with modesty, as it apparently was with Sarah the Prophetess and Dvorah the Judge. Remember too that the “ways of God” which we are commanded to emulate are specifically bound up with the 13 Divine characteristics expressed in Exodus 34:6,7 in response to Moses’ request “Please inform me as to Your ways”7 ; for example, we do not suggest that just as God is a “Man of War”8, so must we be people of warfare!? Or just as God is a “God of Vengeance” 9 , so must we be people of vengeance!? And so just as Rav Schachter excuses men from being subsumed under the rubric “Just as God is Private, so must you be Private,” women should likewise be excused from being subsumed under this rubric for the sake of the great mitzvah of spreading Torah for the multitudes.