If you’ve ever wondered why your observant grandmother didn’t cover her hair, you’re about to discover a hidden truth that changes everything about how Jewish law actually works.
What if the way your grandmother practiced Judaism no longer matches what contemporary Orthodoxy claims Judaism always required?
This week on Madlik, Geoffrey Stern and Rabbi Adam Mintz sit down with Professor Michael Broyde to discuss his groundbreaking new book Splitting Hairs — a deep dive into women’s hair covering that becomes a much larger conversation about how halakha actually works.
Is Jewish law fixed and objective? Or does it evolve in conversation with culture, communal norms, and lived reality?
From the Sotah ritual in Parshat Naso to the responsa of the Ben Ish Chai, Rav Moshe Feinstein, Rav Ovadia Yosef, and Rav Soloveitchik, this episode explores:
Dat Moshe vs. Dat Yehudit
The defense of inherited communal practice (lemudai zekhut)
Sociology and halakha
Sephardic vs. Ashkenazic norms
Modesty, modernity, and evolving Jewish identity
This is not really an episode about hair.
It’s about whether Judaism is governed by texts alone… or by the Jewish people who live them.
Key Takeaways
- Jewish law has never evolved in isolation from lived Jewish experience, communal norms, and surrounding culture.
- The debate over women’s hair covering reveals a deeper tension between objective halakha (Dat Moshe) and socially conditioned practice (Dat Yehudit).
- Great rabbinic authorities like the Ben Ish Chai, Rav Moshe Feinstein, and Rav Ovadia Yosef often defended inherited communal practice rather than simply imposing rigid uniformity.
Timestamps
[00:00] Hair and Halakha
[02:25] Meet Michael Broyde
[04:14] Why Hair Covering
[06:18] What Counts as Covering
[08:16] Defending Communal Practice
[14:49] Sponsor Break
[15:57] Sotah Text and Rashi
[21:15] Dat Moshe and Yehudit
[24:57] Ben Ish Chai and Culture
[30:11] Ovadia Yosef and Wigs
[35:13] Israel America Modesty
[36:25] Closing and Shabbat Shalom
Links & Learnings
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Sefaria Source Sheet: https://voices.sefaria.org/sheets/731684
Transcript here: https://madlik.substack.com/
Geoffrey Stern [00:00:05]:
This week we’re going to talk about hair. Or more specifically, what happens when millions of observant Jews discover that the way their parents and grandparents practice Judaism no longer lines up with what contemporary Orthodoxy insists Judaism has always required. Because hidden behind and inside the question of woman’s hair covering is a much larger and more unsettling question. How does halacha actually work? Does Jewish law emerge directly from biblical text and immutable rules? Or does it evolve in conversation with culture, communal norms, and lived reality? This week’s parsha contains only a few cryptic words about uncovering a woman’s hair during the Sotah ritual. And yet from these few verses emerge centuries of debate, touching on modesty, sociology, authority, modernity, feminism, communal memory, and the uneasy relationship between law and life. Our guest is Professor Michael Broyde, whose new book, Splitting Hairs, traces not only the history of women’s hair covering, but the deeper fault lines within Halachic Judaism itself. Along the way, we’ll encounter the Ben Ish Chai writing in Judeo-Arabic to ordinary Baghdadi Jews. Rav Moshe Feinstein defending widespread communal practice Rav Ovadia Yosef battling the Ashkenization of Sephardic Judaism, and Rav Soloveitchik wrestling with modern promiscuity and religious norm. Welcome to Madlik.
My name is Geoffrey Stern, and at Madlik, we light a spark or shed some light on a Jewish text or tradition. Along with Rabbi Adam Mintz, we host Madlik Disruptive Torah on your favorite podcast platform and now on YouTube and Substack. We also publish a source sheet on Sefaria, and a link is included in the show Notes. This week in the US we read Paushat Nasso, and we’ll split hairs with Michael Boryde. But this is not an episode about hair. It’s an episode about whether Judaism is governed by text alone or by the Jewish people who live them. So, Rabbi Broyde, before I introduce you, I have to say that my son went to Emory and he was an undergraduate, but he took an elective in one of your courses, and at the end of the course, you invited him, along with the whole class, to your home. So this is Hakarat Hatov. We are inviting you into our home here at Madlik. We are absolutely delighted to have you. I covered this subject maybe four years ago, and you reached out to me, and now you’ve published a whole book. So welcome to Madlik.
Michael Boyd [00:02:59]:
Thank you. It’s great to be here.
Geoffrey Stern [00:03:01]:
So let me tell our audience a little bit about you. You are a professor of law at Emory University School of Law and the Berman Projects Director of its center for Study of Law and Religion. You were a Senior Global Scholar for the United States Fulbright Scholars Program at Hebrew U and a Visiting professor at Stanford University of Law and have visited at many other law schools. You teach advanced Jewish law at Columbia University, my alma mater, but I didn’t go to the School of Law and is a professor of the TAM Institute of Jewish Studies at Emory. You held a variety of rabbinic positions in the past, from the Rabbi of the Young Israel Congregation in Atlanta to Director of the Bet Din of America as well as Rosh Kollel of the Atlanta Torah Mitzion Kollel. But of all these things, for some reason this subject has intrigued you for 30 years and so I’d love for you to share with us what intrigues you about women’s head covering that has led you to write multiple monographs and now finally a 500 page book.
Michael Boyd [00:04:11]:
And it’s an excellent question. The uniting characteristic of all the things I’ve written about in halacha are about how halacha confronts modernity. Whether it’s my article on celebrating Thanksgiving and Halacha or the use of electricity in halacha or so much more, I’m profoundly interested and how halacha has adapted to life in America. And hair covering is an excellent example of this because modest non Jewish women historically didn’t cover their hair. When we came to America a century and a half ago, you were hard pressed to find a religious woman who covered her hair and an evolution has occurred as it has occurred in many other areas of Halacha as secular America evolves. How the hallafic community responds to that evolution intrigues me very much. So I view hair covering as no different than any of the many other areas. I answer lots of questions of halacha in our little universe, and people ask about areas ofhalacha where the reality in America doesn’t correspond to the historical reality. I don’t get a lot of questions about when Shabbos begins in America because Shabbos begins in America, the same test that it began in Europe. But I get a lot of questions about electricity and modesty and celebrating secular holidays and so many other modern American pop[ular culture].
Adam Mintz [00:06:16]:
So Michael, this is obviously fascinating. Can you just explain for our listeners what it means? Hair covering for women? I think most of our community, if they think of women covering their hair, they think that they go into shul and either they put on a hat or they put on a doily. What are you referring to when you
Michael Boyd [00:06:35]:
say hair cover? That’s an excellent question. And to some extent the answer is what I mean is the practice of women to cover their hair in some way and in some form when they go outside. Fifty years ago, this was commonly a wig, which we’ll call the shaitul in Israel, it’s commonly a tichel or a hat or a wrap, and there are many more varieties of it. But I’m not talking here about covering one’s hair only in shul. I’m talking about covering one’s hair all the time when one is outside. That’s a very good point.
Geoffrey Stern [00:07:22]:
And I would guess that most of our listeners have seen Orthodox women who have their hair covered, whether with a wig, with a hat on, the wig, with a kerchief, variations. And in your book, you talk a little bit about how it can identify you, both in terms of what tribe you come from, but also whether you’re married or not married. So it has a sense of symbolism. But I think that most of us would assume that, and I’ll use the word that most people use, that is authentic Judaism. And somehow our parents or grandparents decided to shed their hair covering. And there’s a division now between either modern Orthodox or Conservative Reform, typical Jews. And one of the things that you argue is that, in fact, over the last 2, 3, 400 years, recent history, the truth is that the norm was that most women, as Orthodox and observant as they might have been, did not cover their hair. And one of the intriguing things that you reference is something called the Limudei Zechut, this kind of making an argument to stand up for our forebears, to make sure that we’re not under an illusion, that those of us who can remember our grandmother or great grandmother who didn’t cover their hair, that somehow they were doing something wrong, that there is a tradition in Judaism to kind of argue for the fidelity of a Jewish community that doesn’t seem to adhere to the Halachah. And I just founded that fascinating. You quoted Moshe Feinstein, you quoted the Shulchan Aruch, that basically there is a tradition of defending communities whose observance is different than ours, and maybe from some perspective, less observant than ours. Talk about that for a second, because that was novel to me.
Michael Boyd [00:09:38]:
I think that what Rabbi Feinstein means, and it’s not unique to him, is that when I encounter our community that generally keeps Halakhah, they keep Shabbat and they keep kosher, and you see an odd practice that’s inconsistent with what you think the text requires, you should seek to defend that odd practice. We’re not talking about defending the practice of a community that’s wholeheartedly unobservant. We’re talking about defending the practices of a community that is wholeheartedly observant. And yet they’re not doing this. And you should seek to work very hard to defend the practices of a community that is, on the whole, observant, even if they’re not doing this. I think that that’s standard rabbinic care. Rabbis defend the practices of generally observant communities that don’t seem to be observant in this specific detail or that specific detail. And I very much believe in doing that. I grew up in a community that’s Shomer Shabbos and keeps Kosher and married women didn’t cover their hair. But that not covering the hair was not connected to a general laxity of observers. As I observed to somebody else in a different context. Our grandparents struggled mightily to keep Shabbat when keeping Shabbat was hard. If they didn’t cover their hair, it’s because they didn’t think they had to, not because it was too much. Keeping Shabbat was too much, and they did it anyway. Had you told them that halakha requires hair covering, they would have covered their hair. They didn’t think halakha requires it. That’s my general understanding of what we’re talking about. Now, Michael.
Adam Mintz [00:11:56]:
this is fascinating. So let’s go back to Rabbi Feinstein. The idea that you need to defend the practices to justify the practices of a basically observant community, even situations where they may not be doing what your interpretation of the Halakha requires. What’s the halachic rationale for justifying behavior that’s not halakhic?
Michael Boyd [00:12:25]:
So I think that Rabbi Feinstein is in your core intellectual aporalists, which is he understands that many areas of halacha are open to more than one reasonable explanation. And even though he has an opinion on which of these explanations is correct, he recognizes that other explanations are possible and other hallafic authorities will adopt other explanations. And when I encounter a community that’s basically observant, I need to search mightlily to find an explanation for why they’re doing it. I think that that’s right.
Geoffrey Stern [00:13:11]:
I love his language, though. He says one must find a reason why they conducted themselves this way. It’s almost a variation on what we call dan l’kav zechut. It almost sounds like a Hasidic story or Rav Kook when he saw a car driving by on Shabbat and said mazel tov, because they must be going to the hospital to give birth to another Yiddisher kint. I love the fact that it almost empowers us and obligates us to find the beauty of the Jewish people. And I know there is a halachic issue here, but you have to agree there is a nuance that it’s worth our while to go that extra mile to determine and to prove that previous generations, or maybe parallel communities are actually beautiful Jews. We’re not going to dwell on this too much, but I do think that for 30 years, in one of your statements, you said you’ve done this. And that has been one of the compelling reasons. And that’s fascinating to me.
Michael Boyd [00:14:23]:
I think that Rabbi Feinstein is no rabbi Kook. He’s only prepared to do this for communities that are essentially observant and that this is a very important distinction. Rabbi Feinstein doesn’t say this for everybody. He thinks that when you encounter an Orthodox community, that’s what you should get.
Geoffrey Stern [00:14:49]:
And now a word from our sponsor. If there’s one thing we value at Matlique Podcast, it’s reading texts and talking about them. That’s why I’m excited to share something I created called VoiceGift Play. It fits in the palm of your hand like a remote control and clips onto any book. It’s inspired by those old school museum audio guides, but this is personal. Voice Give Play stores up to 10 hours of audio across 999 numbered recordings. You simply enter a number to record a comment, memory, or explanation and enter the same number to play it back. It’s perfect for B’ Nai Mitzvah, practicing their laning, capturing Grandpa’s favorite tune, or recording Chad Gad Yah in a voice that matters. Go to voice.gift, that’s http://www.voice gift and use code MADLIK for 15% off. Thanks. And now back to our podcast. Okay, let’s move on. This is a parsha podcast, and the reason we’re doing it on your book is because in the parsha we have the parsha of what is called the sota, the unfaithful wife. Or more correctly, a wife who is accused of being unfaithful. And in the process, where she is brought in front of the kohen after her husband accuses her of infidelity, something very strange happens. And it says in verse 18, after he has made the woman stand before God, the priest shall bare the woman’s head and place upon her hands the grain offering which is a grain offering of jealousy. And then the priest’s hand shall be the water of bitterness that induces the spell. So not get carried away in all the detail. This very short description of somehow either embarrassing or disrupting the normal way of demeaning herself of the woman is intrinsic to this ritual. We always go to Rashi. Rashi says he shall put in disorder the woman’s hair. So the interpretation that Rashi gives the peshat of Para is not so much as uncovering as in the children’s book Yahushua Paruah. It is messing up. Messing up her hair. That is, he pulls away her hair plates in order to make her look despicable. And then he says something else. Mikan livnot Yisrael shekilui Rosh ganeilahem. We may learn from this that as regards married Jewish woman, an uncovered head is a disgrace to them. And this is where the games begin for your book. And you spend 500 pages basically trying to determine whether these verses are a basis in the Torah for the custom, the law, the observance of Jewish women who are married covering their hair, or whether it’s a variant interpretation. It is kind of fascinating. I will say that the reason I say the peshat is Rashi in two other places when he talks about Para, he says the first time is with regard to the Nazir, the Nazirite, who takes an oath not to drink, not to shave, cut his hair. He lets his hair grow wild also, and that’s clear that he’s not uncovering his head. And the second instance that Rashi brings is when kohanim are forbidden to outwardly mourn. They are not permitted to let their hair grow wild, which is a sign of mourning. So I think the simple interpretation would be not to make any big deal out of all this, but Rashi says, quoting the Talmud and others, this is used as a pretense, or this is the source of the fact that uncovering a married woman’s head is a disgrace. Do you think this is a kind of a tempest in a teapot? That didn’t have to happen.
Michael Boyd [00:19:39]:
No, Jewish law is governed by the Talmud. It’s not governed by Rashi. And the Talmud makes it clear that the verses here deal with head covering. And however, whatever is going on in Rashi is an excellent question, but it’s essentially a very technical question in Rashi. By the way, your translation of Rashi is not quite correct because Rashi makes no mention of married women. Rashi said, from here we see that women Cover their hair. Somebody in your translation inserted married in the text.
Adam Mintz [00:20:21]:
Take it up with Sefaria!
Michael Boyd [00:20:23]:
Okay. And they presumably took it from somebody else. It’s not an. It’s not a translation. It’s an editorialization. Rashi doesn’t say it in Hebrew. Rashi says Mikan. Here it’s to Jewish women that uncovered hair is a disgrace or a degradation for them. Well, whatever Rashi means, Rashi is channeling the Gemara in Ketrubos. And the Gemara Ketuboss clearly understands that what we’re dealing with here is head covering rather than head disheveling. Had Rashi gone in a different direction, it would have been very hard to harmonize Rashi with the Gemara.
Geoffrey Stern [00:21:15]:
So let’s go to that Talmud in Ketubot, because the Talmud in Ketubot raises another, I would say binary that I had never really heard of. And that is, it’s talking about on what basis can a man divorce his wife? And it says there are certain things where the wife violates precepts of Moses: “Dat Moshe”. And there are other characterizations where a wife violates precepts of. And here the translation, I don’t think you will agree with either of Jewish women. I think the Hebrew says “Dat Yehudit”. But in any case, it’s a binary, and you wrote a whole monograph on this. Between the laws of Moses, which you say are objective, they’re from the Torah, and then there’s dat Yehudit. And this is really the basis of your whole argument. They are more, I would say, not subjective so much as talui al hazman v’al Hamakom. They are dependent on circumstance. And they are exactly what Rashi was talking about before, which is they are dependent on the normative activity of the Jewish community. Could you explain and unpack a little bit this binary between Dat Moshe and Dat Yisrael and the fact when you marry somebody, you say kedat Moshe v’Yisrael, you’re actually referring to these two different concepts.
Michael Boyd [00:23:02]:
I’m not 100% sure that the marriage ritual refers to them, but it doesn’t matter one way or another. Dat Moshe is a reference to immutable law, whether it’s Torah law or rabbinic law. It’s a reference to law that doesn’t evolve based on customary norms. And Dat Moshe is a reference to law that evolves along customary norms. And Dat Moshe doesn’t essentially change, and Dat Yehudit does essentially change. And thus the heart of the book is pointing out the following idea. Rambam in his code, calls the rules of Hair covering and modesty Dat Moshe. But when the Shulchan Arach Yoseph Karo writes his code, he moves these things from Da Moshe to Dat Yehudit, referencing to me the following basic idea. All matters of modesty are customary and driven by the norms of the world around us and not driven by anything else.
Geoffrey Stern [00:24:25]:
I think when I read that original Rashi and he said, mikan, from here we learn. It could have been. We learn, but it also could have been Rashi putting on his sociologist, his anthropologist hat, and say, this is where most of the people in the community take the fact that women are supposed to cover. In a sense, rabbis become anthropologists. They become descriptors of the practice of the community. And I want to use that as a segue into a fascinating responsa that you bring. It’s the response of Ben Ish Chai. I alluded to it in the introduction. He was a Baghdadi Jew. And he again describes the women of his day. And he describes. It’s a. I think, give us the background. It’s a fascinating story of a man torn between his parents and his wife. It’s an insight into a period in Jewish history where maybe a Baghdadi Jew was being influenced by Europeans and European practice. And then he goes ahead and gives the halakhic ramifications. So tell us about this fascinating response of the Ben Ish Chai.
Michael Boyd [00:25:49]:
The Ben Ish Chai was writing a book for Jewish women in his community, and he’s acutely aware of the fact that Western women in Europe do not cover their hair. And yet the women in his community are. And he lays out what I think is the correct norm, which is we live in an Arab society where the Arabs cover their hair and you have to dress in social norms of the community around you. And the European Jewish women live in a Christian society where the women don’t cover their hair and they don’t have to cover their hair. And I think that the Benish Chai is the single greatest halachic authority who adopts the full blown thesis of subjectivity. Now, it’s easy for him to do this because he’s explaining to the women why in a place where they don’t live, they conduct themselves differently. But it’s a very important thesis. It’s the thesis of social subjectivity. And the Ben Ish Chai has it absolutely correct.
Geoffrey Stern [00:27:07]:
I love the fact, again, that he quotes the women themselves. He says, the women make this argument. These are their words which they answer for this custom. And we do not have an answer to push them away. I find that Amazing. But if you could also touch upon the censorship that you have discovered or uncovered with regard to this, because those who disagreed with it found it so unnerving.
Michael Boyd [00:27:36]:
I didn’t discover it and I didn’t uncover it. Jacob Zephone pointed it out to me and I incorporated it in the book just as a notation. I’m not really interested in that topic. This is a fine topic for somebody like Dr. Mark Shapiro, but the later generations are always uncomfortable with comments of previous generations. And this is an example of that. I’ve not investigated too much who censored and why, but it’s a common thing that when you find venerated people saying things that you think are ridiculous, you don’t share them so quickly.
Adam Mintz [00:28:18]:
Now, first of all, the whole thing is fantastic. My question is, do you think the Beni Shai, being a Baghdadi rabbi, that he was more inclined to appreciate cultural norms while somebody living in Eastern Europe might have been less inclined?
Michael Boyd [00:28:40]:
That’s an excellent question. I’m not 100% sure. Baghdad in the life of the Ben Ish Chai was a transition point. We close our eyes and we think that Ben Ish Chai lived in Aladdin, but he was living in a Baghdad that transitioned from a pure Islamic society to a French British society. And it was undergoing an enormous cultural revolution while he is there. And I think he is trying to manage the transition from being a purely Islamic society to being a Western society. Just like Rabbi Mastass the older, who was the Chief Rabbi of Morocco as the French slowly take over. Is managing a similar transition. Transition moments cause you to really examine your principles.
Adam Mintz [00:29:39]:
That’s fascinating, Geoffrey Sharon in Sotheby’s, she sold the tefillin of the Ben Ish Chai. So you see, Michael, that it was a transition period to the west, but they still had very much of the magic symbolism of the East. That’s also reflective of all of this.
Michael Boyd [00:29:58]:
Absolutely. And the Baghdadian community remains extremely traditional all the way until the end. No doubt. No doubt.
Geoffrey Stern [00:30:11]:
Picking up a little bit on where Adam was going, you bring up the Sephardic Chief Rabbi, the great Sephardic Chief Rabbi Ovadia Yosef. And those of us who know Chabad know that in Chabad, almost universally, not only are the wives of the Chabad rabbis typically very pretty, God bless them, but they wear Sheitals and they wear fake hair coverings that look like really great hair. And OvadiaYosef feels very strongly, especially for Sephardim, who are obviously his Kehillah, that they not use hair to cover hair. And in his explanation, he does say in particular to Sephardim, who had always conducted themselves this way in times of the past. And again, I think this triggered in me this sense that we are involved here with culture wars, with people identifying themselves, whether of their marital status or from which community they come from. And from that perspective, the sociology that you identify lies behind halacha, I guess, also shows itself. Do you feel there’s any weight there that Ovadia Yosef felt so strongly about this in terms of Sephardic women giving up what made them proud? Sephardic women doing something different than the [Bagdadi] Ben Ish Chai that we just talked about? He wants them to retain their identity. And covering the hair is one way that he feels very strongly about.
Michael Boyd [00:32:05]:
Well, I want to reflect for a minute how unusual the wig covering is. We don’t permit things that should be covered to be covered by something that looks like it. We don’t permit people who need to cover their chest to cover their chest with pictures of their chest, and we don’t permit people who need to cover their legs to cover their legs with pictures of their legs. The practice of covering hair with a wig is extraordinarily unusual, and it itself reflects the de-eroticization of hair. If hair were genuinely erotic, we would not permit hair to be covered with hair. And the Ashkenazi factit of hair covering has this double unusualness. Single women don’t cover their hair, and married women cover their hair with an invisible covering, with a covering that looks like hair. The Sephardic community always had some doubts about both of these because the Rambam draws no distinction between single and married and certainly doesn’t permit a wig. And the Shulchan Arach Rabbi Caro in the 1500s notes that there are some places where single women don’t cover their hair without fully endorsing this. Yet Ashkenazim haven’t lived in a community where single women cover their hair in a very long time, and they haven’t lived in a community where married women didn’t cover their hair with a wig in a very long time. The weirdness of hair covering is embodied in both of these ideas. I’m not going to psychoanalyze Rabbi Yosef here. He’s telling you what I think is the simplest explanation of the halacha, which is if hair needs to be covered, it needs to be covered with something that doesn’t look like hair, just like if legs need to be covered, they need to be covered with something that don’t look like legs. And if buttocks need to be covered. We don’t cover them with pictures of buttocks and so on and so forth. Rabbi Yosef’s position is exceptionally intuitive. The Ashkenazi custom, very well established as it is, reflects an embarrassment with hair covering, which is we cover in a way that doesn’t let people know we’re covering.
Geoffrey Stern [00:34:57]:
We had a guest who said that the modern kippah in Israel might be a kippa shekufa, an invisible kippah. And what you just said reminded me of that in terms of a Sheitel is covering hair with hair is a hidden head covering.
Michael Boyd [00:35:13]:
I was just in Israel last week when an eminent Torah scholar remarked to me that the liberalities and modesty rules in our community in Israel comes from the fact that the community that we don’t like. This was a reference to the Arab community in Israel is certainly more modest than us. And we see in Israel, he said, that modesty is not connected to virtue. You can say many bad things about Israel’s Arab neighbor, but you probably can’t say that they’re immodest. And the community in Israel hopes that the winner isn’t the most modest because that’s not us. In America, orthodoxy perceives itself as aligned with more modest community, and that itself creates an interesting social tension between Israel and America.
Geoffrey Stern [00:36:25]:
Okay, Michael,
Michael Boyd [00:36:28]:
thank you very much.
Geoffrey Stern [00:36:29]:
Amazing. It was great having you. And maybe we’ll have you back on Thanksgiving to share with us your insight into that hag.
Adam Mintz [00:36:40]:
Very good.
Michael Boyd [00:36:41]:
Thank you very much.
Adam Mintz [00:36:42]:
Thank you, Rabbi Professor Michael Broyd. Shabbat shalom, everybody. Thank you, Geoffrey. An amazing week as always. We look forward to seeing everybody next week.
Geoffrey Stern [00:36:53]:
See you all next week.



