Category Archives: women’s rights

Re-imagining God and Man for a New Year

In preparation for the Jewish New Year where the kingship of God is proclaimed, we re-explore the essence of the prohibition of Idol Worship and its opposite, the image of God.

Recorded live at TCS, The Conservative Synagogue of Westport Connecticut we come to the surprising conclusion that from the perspective of the earliest biblical texts, the prohibition of Idol worship was less important than the positive injunction for mankind to serve as the Tzelem or Image of God.

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Access Source Sheet in Sefaria here.

If the rejection of idolatry is the essence of the Biblical project, why does it not appear in the Genesis account of the founders?

But Didn’t Abraham destroy his father’s idols?

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בראשית רבה ל״ח
(יג) וַיָּמָת הָרָן עַל פְּנֵי תֶּרַח אָבִיו (בראשית יא, כח), רַבִּי חִיָּא בַּר בְּרֵיהּ דְּרַב אַדָא דְּיָפוֹ, תֶּרַח עוֹבֵד צְלָמִים הָיָה, חַד זְמַן נְפֵיק לַאֲתַר, הוֹשִׁיב לְאַבְרָהָם מוֹכֵר תַּחְתָּיו. הֲוָה אָתֵי בַּר אֵינַשׁ בָּעֵי דְּיִזְבַּן, וַהֲוָה אֲמַר לֵהּ בַּר כַּמָּה שְׁנִין אַתְּ, וַהֲוָה אֲמַר לֵיהּ בַּר חַמְשִׁין אוֹ שִׁתִּין, וַהֲוָה אֲמַר לֵיהּ וַי לֵיהּ לְהַהוּא גַבְרָא דַּהֲוָה בַּר שִׁתִּין וּבָעֵי לְמִסְגַּד לְבַר יוֹמֵי, וַהֲוָה מִתְבַּיֵּשׁ וְהוֹלֵךְ לוֹ. חַד זְמַן אֲתָא חַד אִתְּתָא טְעִינָא בִּידָהּ חָדָא פִּינָךְ דְּסֹלֶת, אֲמָרָהּ לֵיהּ הֵא לָךְ קָרֵב קֳדָמֵיהוֹן, קָם נְסֵיב בּוּקְלָסָא בִּידֵיהּ, וְתַבְרִינוּן לְכָלְהוֹן פְּסִילַיָא, וִיהַב בּוּקְלָסָא בִּידָא דְּרַבָּה דַּהֲוָה בֵּינֵיהוֹן. כֵּיוָן דַּאֲתָא אֲבוּהָ אֲמַר לֵיהּ מַאן עָבֵיד לְהוֹן כְּדֵין, אֲמַר לֵיהּ מַה נִּכְפּוּר מִינָךְ אֲתַת חָדָא אִתְּתָא טְעִינָא לָהּ חָדָא פִּינָךְ דְּסֹוֹלֶת, וַאֲמַרַת לִי הֵא לָךְ קָרֵיב קֳדָמֵיהון, קָרֵיבְתְּ לָקֳדָמֵיהוֹן הֲוָה דֵּין אֲמַר אֲנָא אֵיכוֹל קַדְמָאי, וְדֵין אֲמַר אֲנָא אֵיכוֹל קַדְמָאי, קָם הָדֵין רַבָּה דַּהֲוָה בֵּינֵיהוֹן נְסַב בּוּקְלָסָא וְתַבַּרִינוֹן. אֲמַר לֵיהּ מָה אַתָּה מַפְלֶה בִּי, וְיָדְעִין אִינוּן. אֲמַר לֵיהּ וְלֹא יִשְׁמְעוּ אָזְנֶיךָ מַה שֶּׁפִּיךָ אוֹמֵר.

Bereishit Rabbah 38
(13) “And Haran died in the presence of his father Terah” (Gen. 11:28). Rabbi Hiyya the grandson of Rabbi Adda of Yaffo [said]: Terah was a worshiper of idols. One time he had to travel to a place, and he left Abraham in charge of his store. When a man would come in to buy [idols], Abraham would ask: How old are you? They would reply: fifty or sixty. Abraham would then respond: Woe to him who is sixty years old and worships something made today – the customer would be embarrassed, and would leave. A woman entered carrying a dish full of flour. She said to him: this is for you, offer it before them. Abraham took a club in his hands and broke all of the idols, and placed the club in the hands of the biggest idol. When his father returned, he asked: who did all of this? Abraham replied: I can’t hide it from you – a woman came carrying a dish of flour and told me to offer it before them. I did, and one of them said ‘I will eat it first,’ and another said ‘I will eat it first.’ The biggest one rose, took a club, and smashed the rest of them. Terah said: what, do you think you can trick me? They don’t have cognition! Abraham said: Do your ears hear what your mouth is saying?

But Didn’t Rachel steal her father’s idols?

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בראשית ל״א:י״ט
(יט) וְלָבָ֣ן הָלַ֔ךְ לִגְזֹ֖ז אֶת־צֹאנ֑וֹ וַתִּגְנֹ֣ב רָחֵ֔ל אֶת־הַתְּרָפִ֖ים אֲשֶׁ֥ר לְאָבִֽיהָ׃

Genesis 31:19
(19) Meanwhile Laban had gone to shear his sheep, and Rachel stole her father’s household idols.

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תגנב רחל את התרפים. לְהַפְרִישׁ אֶת אָבִיהָ מֵעֲ”זָ נִתְכַּוְּנָה (בראשית רבה):

AND RACHEL STOLE THE TERAPHIM — her intention was to wean her father from idol-worship (Genesis Rabbah 74:5). quoted by Rashi

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בראשית ל״א:ל״ב-ל״ה
(לב) עִ֠ם אֲשֶׁ֨ר תִּמְצָ֣א אֶת־אֱלֹקֶיךָ֮ לֹ֣א יִֽחְיֶה֒ נֶ֣גֶד אַחֵ֧ינוּ הַֽכֶּר־לְךָ֛ מָ֥ה עִמָּדִ֖י וְקַֽח־לָ֑ךְ וְלֹֽא־יָדַ֣ע יַעֲקֹ֔ב כִּ֥י רָחֵ֖ל גְּנָבָֽתַם׃

Genesis 31:32-35
(32) But anyone with whom you find your gods shall not remain alive! In the presence of our kinsmen, point out what I have of yours and take it.” Jacob, of course, did not know that Rachel had stolen them.

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לא יחיה. וּמֵאוֹתָהּ קְלָלָה מֵתָה רָחֵל בַּדֶּרֶךְ (בראשית רבה)

LET HIM NOT LIVE — In consequence of this curse Rachel died on the journey (Genesis Rabbah 74:9). quoted by Rashi

Rather the only reference to a rejection of false images, is a positive reference to the Image of God – Imago Dei

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בראשית א׳:כ״ו-כ״ח
(כו) וַיֹּ֣אמֶר אֱלֹקִ֔ים נַֽעֲשֶׂ֥ה אָדָ֛ם בְּצַלְמֵ֖נוּ כִּדְמוּתֵ֑נוּ וְיִרְדּוּ֩ בִדְגַ֨ת הַיָּ֜ם וּבְע֣וֹף הַשָּׁמַ֗יִם וּבַבְּהֵמָה֙ וּבְכָל־הָאָ֔רֶץ וּבְכָל־הָרֶ֖מֶשׂ הָֽרֹמֵ֥שׂ עַל־הָאָֽרֶץ׃ (כז) וַיִּבְרָ֨א אֱלֹקִ֤ים ׀ אֶת־הָֽאָדָם֙ בְּצַלְמ֔וֹ בְּצֶ֥לֶם אֱלֹקִ֖ים בָּרָ֣א אֹת֑וֹ זָכָ֥ר וּנְקֵבָ֖ה בָּרָ֥א אֹתָֽם׃ (כח) וַיְבָ֣רֶךְ אֹתָם֮ אֱלֹקִים֒ וַיֹּ֨אמֶר לָהֶ֜ם אֱלֹקִ֗ים פְּר֥וּ וּרְב֛וּ וּמִלְא֥וּ אֶת־הָאָ֖רֶץ וְכִבְשֻׁ֑הָ וּרְד֞וּ בִּדְגַ֤ת הַיָּם֙ וּבְע֣וֹף הַשָּׁמַ֔יִם וּבְכָל־חַיָּ֖ה הָֽרֹמֶ֥שֶׂת עַל־הָאָֽרֶץ׃

Genesis 1:26-28
(26) And God said, “Let us make man in our image, after our likeness. They shall rule the fish of the sea, the birds of the sky, the cattle, the whole earth, and all the creeping things that creep on earth.” (27) And God created man in His image, in the image of God He created him; male and female He created them. (28) God blessed them and God said to them, “Be fertile and increase, fill the earth and master it; and rule the fish of the sea, the birds of the sky, and all the living things that creep on earth.”

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בראשית ה׳:א׳
(א) זֶ֣ה סֵ֔פֶר תּוֹלְדֹ֖ת אָדָ֑ם בְּי֗וֹם בְּרֹ֤א אֱלֹקִים֙ אָדָ֔ם בִּדְמ֥וּת אֱלֹקִ֖ים עָשָׂ֥ה אֹתֽוֹ׃

Genesis 5:1
(1) This is the record of Adam’s line.—When God created man, He made him in the likeness of God;

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בראשית ט׳:ו׳
(ו) שֹׁפֵךְ֙ דַּ֣ם הָֽאָדָ֔ם בָּֽאָדָ֖ם דָּמ֣וֹ יִשָּׁפֵ֑ךְ כִּ֚י בְּצֶ֣לֶם אֱלֹקִ֔ים עָשָׂ֖ה אֶת־הָאָדָֽם׃

Genesis 9:6
(6) Whoever sheds the blood of man, By man shall his blood be shed; For in His image Did God make man.

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במדבר ל״ג:נ״ב
(נב) וְה֨וֹרַשְׁתֶּ֜ם אֶת־כָּל־יֹשְׁבֵ֤י הָאָ֙רֶץ֙ מִפְּנֵיכֶ֔ם וְאִ֨בַּדְתֶּ֔ם אֵ֖ת כָּל־מַשְׂכִּיֹּתָ֑ם וְאֵ֨ת כָּל־צַלְמֵ֤י מַסֵּֽכֹתָם֙ תְּאַבֵּ֔דוּ וְאֵ֥ת כָּל־בָּמֹתָ֖ם תַּשְׁמִֽידוּ׃

Numbers 33:52
(52) you shall dispossess all the inhabitants of the land; you shall destroy all their figured objects; you shall destroy all their molten images, and you shall demolish all their cult places.

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“any Old Testament scholar worth her salt will tell you that the semantic range of tselem, the Hebrew word for “image” in Genesis 1, typically includes “idol,” which in the common theology of the ancient Near East is precisely a localized, visible, corporeal representation of the divine. A simple word study would thus lead to the preliminary observation that visibility and bodiliness are minimally a necessary condition of being tselem elohim or imago Dei. Based on this usage Walter Kaiser Jr. translates tselem as “carved or hewn statue or copy.” The Liberating Image? Interpreting the Imago Dei in Context By J. Richard Middleton Christian Scholars Review 24.1 (1994) 8-25

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מלכים ב י״א:י״ח
(יח) וַיָּבֹ֣אוּ כָל־עַם֩ הָאָ֨רֶץ בֵּית־הַבַּ֜עַל וַֽיִּתְּצֻ֗הוּ אֶת־מזבחתו [מִזְבְּחֹתָ֤יו] וְאֶת־צְלָמָיו֙ שִׁבְּר֣וּ הֵיטֵ֔ב וְאֵ֗ת מַתָּן֙ כֹּהֵ֣ן הַבַּ֔עַל הָרְג֖וּ לִפְנֵ֣י הַֽמִּזְבְּח֑וֹת וַיָּ֧שֶׂם הַכֹּהֵ֛ן פְּקֻדּ֖וֹת עַל־בֵּ֥ית ה’׃

II Kings 11:18
(18) Thereupon all the people of the land went to the temple of Baal. They tore it down and smashed its altars and images to bits, and they slew Mattan, the priest of Baal, in front of the altars. [Jehoiada] the priest then placed guards over the House of the LORD.

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דברי הימים ב כ״ג:י״ז
(יז) וַיָּבֹ֨אוּ כָל־הָעָ֤ם בֵּית־הַבַּ֙עַל֙ וַֽיִּתְּצֻ֔הוּ וְאֶת־מִזְבְּחֹתָ֥יו וְאֶת־צְלָמָ֖יו שִׁבֵּ֑רוּ וְאֵ֗ת מַתָּן֙ כֹּהֵ֣ן הַבַּ֔עַל הָרְג֖וּ לִפְנֵ֥י הַֽמִּזְבְּחֽוֹת׃

II Chronicles 23:17
(17) All the people then went to the temple of Baal; they tore it down and smashed its altars and images to bits, and they slew Mattan, the priest of Baal, in front of the altars.

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יחזקאל ז׳:כ׳
(כ) וּצְבִ֤י עֶדְיוֹ֙ לְגָא֣וֹן שָׂמָ֔הוּ וְצַלְמֵ֧י תוֹעֲבֹתָ֛ם שִׁקּוּצֵיהֶ֖ם עָ֣שׂוּ ב֑וֹ עַל־כֵּ֛ן נְתַתִּ֥יו לָהֶ֖ם לְנִדָּֽה׃

Ezekiel 7:20
(20) for out of their beautiful adornments, in which they took pride, they made their images and their detestable abominations—therefore I will make them an unclean thing to them.

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עמוס ה׳:כ״ו
(כו) וּנְשָׂאתֶ֗ם אֵ֚ת סִכּ֣וּת מַלְכְּכֶ֔ם וְאֵ֖ת כִּיּ֣וּן צַלְמֵיכֶ֑ם כּוֹכַב֙ אֱלֹ֣קֵיכֶ֔ם אֲשֶׁ֥ר עֲשִׂיתֶ֖ם לָכֶֽם׃

Amos 5:26
(26) And you shall carry off your “king”— Sikkuth and Kiyyun, The images you have made for yourselves Of your astral deity—

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דניאל ג׳:א׳
(א) נְבוּכַדְנֶצַּ֣ר מַלְכָּ֗א עֲבַד֙ צְלֵ֣ם דִּֽי־דְהַ֔ב רוּמֵהּ֙ אַמִּ֣ין שִׁתִּ֔ין פְּתָיֵ֖הּ אַמִּ֣ין שִׁ֑ת אֲקִימֵהּ֙ בְּבִקְעַ֣ת דּוּרָ֔א בִּמְדִינַ֖ת בָּבֶֽל׃

Daniel 3:1
(1) King Nebuchadnezzar made a statue of gold sixty cubits high and six cubits broad. He set it up in the plain of Dura in the province of Babylon.

The case for demut (“likeness”) is more complicated. Although biblical scholars have often suggested that the physical, concrete connotation of tselem is intentionally modified by the more abstract demut, this latter term is sometimes used within Scripture for concrete, visible representations. [Middleton ibid.]

Tselem and demut are also used with reference to resemblance:

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בראשית ה׳:ג׳
(ג) וַֽיְחִ֣י אָדָ֗ם שְׁלֹשִׁ֤ים וּמְאַת֙ שָׁנָ֔ה וַיּ֥וֹלֶד בִּדְמוּת֖וֹ כְּצַלְמ֑וֹ וַיִּקְרָ֥א אֶת־שְׁמ֖וֹ שֵֽׁת׃

Genesis 5:3
(3) When Adam had lived 130 years, he begot a son in his likeness after his image, and he named him Seth.

“a recent (1979) excavation at Tell Fekheriyeh in Syria unearthed a 9th century statue with a bilingual inscription containing the cognate equivalents of both tselem and demut in Assyrian and Aramaic as parallel terms designating the statue.” [Middleton ibid.]

18 A Statue from Syria

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The statue is referred to by two Aramaic words, both with Hebrew cognates. The initial word of the inscription introduces it as dmwt’, “the image.” At the start the second part the word used in the Aramaic is slm “statue,” in the Assyrian its cognate salmu. This is not a means of distinguishing the two parts of the inscription, for dmwt’ reappears three lines later. These two words in their Hebrew dress are the famous “image” and “likeness” in God’s creation of man in Gen 1:26; cf. 5:3. Their clear application to this stone statue, the only ancient occurrence of the words as a pair outside the OT, provides fuel for the debate over the meaning of the clause in Genesis 1 [STATUE FROM SYRIA WITH ASSYRIAN AND ARAMAIC INSCRIPTIONS A. R. Millard and P. Bordreuil, BIBLICAL ARCHEOLOGIST/SUMMER 1982]

20 A Statue from Syria - inscripton

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Among Bible scholars one of the most common interpretations is that being created in the image of God means being given the special role of “representing . . . God’s rule in the world.” The Torah’s view is that people are God’s “vice-regents” and “earthly delegates,” appointed by God to rule over the world. One traditional Jewish commentator, R. Saadia Gaon (882–942), anticipated this understanding of Genesis, arguing that being created in the image of God means being assigned to rule over creation (Saadia Gaon, commentary to Gen. 1:26). בְּצַלְמֵנוּ כִּדְמוּתֵנוּ שליט

The ancient Near Eastern context sheds remarkable light on the audacity of the Torah’s message. In the ancient world, various kings (and sometimes priests) were described as the images of a god. It is the king who is God’s representative or intermediary intermediary on earth, and it is he who mediates God’s blessings to the world. In dramatic contrast to this, the Torah asserts that ordinary human beings—not just kings, but each and every one of us—are mediators of divine blessing. “The entire race collectively stands vis-à-vis God in the same relationship of chosenness and protection that characterizes the god-king relationship in the more ancient civilizations of the Near East.” Genesis 1 thus represents a radical democratization of ancient Near Eastern royal ideology. We are, the Torah insists, all kings and queens.

Shai Held. The Heart of Torah, Volume 1: Essays on the Weekly Torah Portion: Genesis and Exodus . The Jewish Publication Society.

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Feminist Objection to the Royal Interpretation of “In the Image of God”

Such a picture, claims McFague, is derived from a patriarchal model of man ruling over woman and serves to enforce and legitimate such rule by its association of male dominance with God’s transcendence. [Sallie McFague, Models of God: Theology for an Ecological, Nuclear Age (Philadelphia: Fortress, 1987), pp. 63-69.]

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The Environmental Objection to the Royal Interpretation of “In the Image of God”

Some environmentalists have placed the blame for the modern West’s despoliation of the earth squarely at the Bible’s feet. Thus, for example, one influential writer charges that according to Christian (and by implication, Jewish) thinking, “God planned all of this explicitly for man’s benefit and rule: No item in the physical creation had any purpose save to serve man’s purposes.” The environmental crisis, he insists, was rooted in religious “arrogance towards nature” and the only solution, therefore, lay in moving beyond these patently damaging and outdated ideas. [Held, Shai. The Heart of Torah, Volume 1: Essays on the Weekly Torah Portion: Genesis and Exodus . The Jewish Publication Society.]

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“ancient Near Eastern society, whether Mesopotamian (that is, Sumerian, Babylonian or Assyrian), West Semitic (that is, Canaanite), or Egyptian, was hierarchically ordered…. Standing between the human realm, on the one hand, and the gods, on the other, was the king, universally viewed in the ancient Near East as the mediator of both social harmony and cosmic fertility from the gods. To contrast the two cultures we know most about, whereas in Egypt the Pharaoh is viewed as the eternally begotten son of the gods, in Mesopotamia the king was but an adopted son. Both, however, are referred to as the image of this or that particular god, whether Re, Amon, Marduk, ‘Shamash or Enlil. [Middleton ibid.]

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פסיקתא דרב כהנא כ״ג
(א) פסקא כג אות א ראש השנה: (א) לעולם י”י דברך נצב בשמים (תהלים קיט פט) תני ר’ אליע’ בעשרים וחמשה באלול נברא העולם ואתיא דרב כהדא דתני ר’ אליע’ דתניא בתקיעתא דרב זה היום תחילת מעשיך זכרון ליום ראשון וגו’ כי חק לישראל הוא משפט וג’ (שם פא ה) על המדינות בו יאמר איזו לחרב ואיזו לשלום איזו לרעב ואיזו לשובע איזו למות ואיזו לחיים וביריות בו יפקדו להזכירם חיים ומות נמצאת אומ’ בראש השנה נברא אדם הראשון בשעה ראשונה עלה במחשבה בשנייה נמלך במלאכי השרת בשלישית כינס עפרו ברביעית גיבלו בחמישית ריקמו בשישית העמידו גולם על רגליו בשביעי’ זרק בו נשמה בשמינית הכניסו לגן עדן בתשיעית ציוהו בעשירית עבר על ציוהו באחת עשרה נידון בשתים עשרה יצא בדימוס מלפני הק”ב א’ לו הקב”ה אדם זה סימן לבניך כשם שנכנסתה לפניי בדין ביום הזה ויצאתה בדימוס כך עתידין בניך להיות נכנסין לפניי בדין ביום הזה ויוצאין בדימוס אימתי בחדש השביעי באחד לחדש (ויקרא כג כד

Pesikta D’Rav Kahanna 23
A. Rosh Hashanah. Your word stands firm in heaven (Psalms 119; 89) R. Eliya learnt: On the 25th of Elul the world was created and he cited R. Kehada who learnt that R. Eliya learnt during the blowings of Rav “This is the day, the beginning of your works, is in remembrance of the first day etc. For it is a law for Israel, a ruling of the God of Jacob; etc. (psalms 81:5) on the Nations it was written, who for the sword, who for peace, who for famine who for plenty, who for death, and who for life and with shots he will be selected deserving of life and death as they say On Rosh Hashanah Adam (the first Man) was created.

In the first hour it came into His mind. In the second (hour) he ruled among the heavenly host. In the third he gathered the dirt. In the fourth He kneaded. In the fifth he formed him. In the sixth he raised the Golem onto his feet. In the seventh he threw into him a soul. In the eighth he brought him into the garden of Eden. In the ninth he commanded him (not to eat of the Tree of Knowledge). In the tenth he (Adam) transgressed His command. In the eleventh he was judged. In the twelfth hour he was pardoned by the Holy One Blessed be He. Said to him, God: “Adam, this is a sign for your children. Just as you came in judgement before me on this day and went out pardoned so also in the future your children will come before me in judgement on this day and leave pardoned. When? On the seventh month on the first (day) of the month (Leviticus 23:24)

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The Torah’s assertion that every human being is created in the image of God is a repudiation of the idea, so common in the ancient world, that some people are simply meant to rule over others. If everyone is royalty, then on some level, when it comes to the interpersonal and political spheres, no one is.

Assigned the role of God’s delegates, human beings are told to “be fertile and increase, fill the earth and master it . . . rule the fish of the sea, the birds of the sky, and all the living things that creep on the earth” (Gen. 1:28).

What’s more, Genesis 1 repeatedly emphasizes and seems to revel in the fact that God created both vegetation and creatures “of every kind.” … then, the biblical . . . creation story is like a hymn to biodiversity, which is seen as unambiguously good in its own right.

If Genesis 1 teaches that human beings are meant to be kings and queens over creation, …“The task of a king is to care for those over whom he rules, especially for the weakest and most helpless. . . . This means that humans are expected to care for the earth and its creatures. Such is the responsibility of royalty.” What we find in Genesis 1, then, is not a license to abuse and exploit but a summons to nurture and protect.

The problem with the notion of human stewardship over creation is not that it authorizes human exploitation of the earth and abuse of the animal kingdom—which, as we have seen, it emphatically does not. The problem is, rather, that we have not really taken it seriously enough to try it. In modern times, amid an almost manic need to produce and consume more and more, we have all too often lost sight of what has been entrusted to us. What we need is not to abandon Genesis 1 but to return to it and to rediscover there what we have forgotten or failed to see altogether. We are created in the image of God and are thus mandated to rule over creation; this is a call to exercise power in the way Tanakh imagines the ideal ruler would, “in obedience to the reign of God and for the sake of all the other creatures whom [our] power affects.” [Held, Shai. ibid]

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“Obedience to God is also the negation of submission to man.”

You Shall be as Gods – A Radical Interpretation of the Old Testament and its Tradition, Erich Fromm 1966 p73

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Filed under Bible, divine birth, divine right, feminism, Hebrew, immaculate conception, Israel, Judaism, monotheism, Religion, Rosh Hashannah, social commentary, Torah, women's rights, yom kippur

Why do Jewish women Rule?

Why and when did matrilineal descent become the norm within Judaism?

In this Mother’s Day episode of the Madlik Podcast we explore the emergence and stature of matrilineal descent within Judaism, an otherwise male dominated and patrilineal religion and legal society.

Recorded live at TCS, The Conservative Synagogue of Westport Connecticut we come to the surprising conclusion that the introduction of matrilineal descent might have more to do with removing any stigma attached to a captured and redeemed single-mother and less to do with the status of the child.

Listen to the madlik podcast:

Featured Links:

Yael Deckelbaum / Prayer of the Mothers – Official video https://youtu.be/YyFM-pWdqrY

Three Part Series by Rabbi Ethan Tucker of Hadar Institute on

MATRILINEALITY AND PATRILINEALITY IN JEWISH LAW AND COMMUNITY, PARTS 1-3

https://www.hadar.org/torah-resource/matrilineality-and-patrilineality-jewish-law-and-community-part-1

https://www.hadar.org/torah-resource/matrilineality-and-patrilineality-jewish-law-and-community-part-2

https://www.hadar.org/torah-resource/matrilineality-and-patrilineality-jewish-law-and-community-part-3

Podcast Notes:

  1. Breaking News

As part of the historic handover of Japan’s imperial throne on Wednesday, the incoming emperor, Naruhito, will receive a sword, a jewel and official seals in a sacred ceremony that dates back thousands of years.

But the new empress, Masako, Naruhito’s wife of 26 years, will not be allowed to attend — another illustration of the diminished status of women in the imperial family, and of the challenges women face more broadly in Japanese society.

Under the Imperial Household Law, which governs the line of succession as well as most matters of protocol related to Japan’s monarchy, women in the royal family are not permitted to be in the room when the new emperor receives the sacred regalia signifying his rightful succession to the world’s oldest monarchy.

But the prohibitions go much further. Women are not allowed to reign. In fact, women born into the royal family must officially leave it once they marry, and none of their children can be in line to the throne.   NY Times April 29, 2019

  1. In the Torah

You shall not intermarry with them: do not give your daughters to their sons or take their daughters for your sons. For they will turn your children away from Me to worship other gods, and the LORD’s anger will blaze forth against you and He will promptly wipe you out.

Deuteronomy 7: 3- 4

וְלֹ֥א תִתְחַתֵּ֖ן בָּ֑ם בִּתְּךָ֙ לֹא־תִתֵּ֣ן לִבְנ֔וֹ וּבִתּ֖וֹ לֹא־תִקַּ֥ח לִבְנֶֽךָ
כִּֽי־יָסִ֤יר אֶת־בִּנְךָ֙ מֵֽאַחֲרַ֔י וְעָבְד֖וּ אֱלֹהִ֣ים אֲחֵרִ֑ים וְחָרָ֤ה אַף־יְהוָה֙ בָּכֶ֔ם וְהִשְׁמִידְךָ֖ מַהֵֽר

  1. In Tanach

Now then, let us make a covenant with our God to expel all these women and those who have been born to them, in accordance with the bidding of the Lord and of all who are concerned over the commandment of our God, and let the Teaching be obeyed.

Ezra 10: 3

וְעַתָּ֣ה נִֽכְרָת־בְּרִ֣ית לֵ֠א-לֹהֵינוּ לְהוֹצִ֨יא כָל־נָשִׁ֜ים וְהַנּוֹלָ֤ד מֵהֶם֙ בַּעֲצַ֣ת אֲדֹנָ֔י וְהַחֲרֵדִ֖ים בְּמִצְוַ֣ת אֱ-לֹהֵ֑ינוּ וְכַתּוֹרָ֖ה יֵעָשֶֽׂה

  1. In Rabbinic Judaism

Wherever there is [a valid] betrothal and no sin, the child follows the male [with regard to familial status].

Which is this? This is a Kohenet, a Levite woman, or an Israelite woman who married a Kohen, a Levite or an Israelite.

Wherever there is [a valid] betrothal and there is a sin, the child follows the defective one.

Which is this? This is a widow married to the Kohen Gadol [High Priest], a divorcee or a chalutzah [the widow of a childless man released from the obligation of levirate marriage by a ceremony performed by her brother-in-law] [married] to an ordinary Kohen, a mamzeret [the female offspring of certain prohibited relationships who may not marry into the general Jewish population] or a Netina [female Gibeonite] to an Israelite, a female Israelite to a mamzer or Netina.

[With] any [woman] for whom there is no betrothal to him, but there is betrothal to others, the child is a mamzer.

Which is this? This is one who has sexual intercourse with any one of the forbidden sexual relations [mentioned] in the Torah.

Any [woman] for whom there is no betrothal either to him or to others, the child is like her.

Which is this? This is the child of a [non-Jewish] maidservant or a non-Jewish woman.

Mishna Kiddushin 3: 12

כָּל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְאֵין עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַזָּכָר

וְאֵיזֶה, זוֹ כֹהֶנֶת, לְוִיָּה וְיִשְׂרְאֵלִית שֶׁנִּשְּׂאוּ לְכֹהֵן וּלְלֵוִי וּלְיִשְׂרָאֵל.

וְכָל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְיֵשׁ עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַפָּגוּם.

וְאֵיזוֹ, זוֹ אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין.

וְכָל מִי שֶׁאֵין לָהּ עָלָיו קִדּוּשִׁין אֲבָל יֶשׁ לָהּ עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד מַמְזֵר.

וְאֵיזֶה, זֶה הַבָּא עַל אַחַת מִכָּל הָעֲרָיוֹת שֶׁבַּתּוֹרָה.

וְכָל מִי שֶׁאֵין לָהּ לֹא עָלָיו וְלֹא עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד כְּמוֹתָהּ.

וְאֵיזֶה, זֶה וְלַד שִׁפְחָה וְנָכְרִית

  1. Rabbinic Judaism (more) 
  2. Aha Sar Ha­Birah and R. Tanhum bdR Hiyya from K’far Akko redeemed captive women… one of whom had been impregnated by a Gentile. They came to R. Ami, who said to them: R. Yohanan, R. Elazar, R. Hanina all say: When a Gentile or a slave has intercourse with a Jewish woman, the child is a mamzer. Said R. Yosef: Is it a great trick to mention many names? Rav and Shmuel in Bavel, and R. Yehoshua b. Levi and Bar Kappara in Eretz Yisrael… all say that when a Gentile or a slave has intercourse with a Jewish woman, the child is kasher! … When a Gentile or a slave has intercourse with a Jewish woman, the child is a mamzer. R. Yehoshua b. Levi says the child is mekulkal. Abaye said to him: Why do you rely on R. Dimi [to establish that Rabbi [Yehudah Ha­Nasi]’s position was that the child is a mamzer], rely on Rabin! For when Rabin came, he said: R. Natan and R. Yehudah Ha­Nasi rule permissively… Babylonian Talmud Yevamot 44b­-45b[i]

רבי אחא שר הבירה ור’ תנחום בריה דרבי חייא איש כפר עכו פרוק הנהו שבוייתא דאתו מארמון לטבריא הוה חדא דאעברא מעובד כוכבים ואתו לקמיה דר’ אמי אמר להו ר’ יוחנן ור’ אלעזר ור’ חנינא דאמרי עובד כוכבים ועבד הבא על בת ישראל הולד ממזר

אמר רב יוסף רבותא למחשב גברי הא רב ושמואל בבבל ורבי יהושע בן לוי ובר קפרא בארץ ישראל ואמרי לה חלופי בר קפרא ועיילי זקני דרום דאמרי עובד כוכבים ועבד הבא על בת ישראל הולד כשר

אלא אמר רב יוסף רבי היא דכי אתא רב דימי אמר רבי יצחק בר אבודימי משום רבינו אמרו עובד כוכבים ועבד הבא על בת ישראל הולד ממזר

רבי יהושע בן לוי אומר הולד מקולקל למאן אילימא לקהל הא אמר רבי יהושע הולד כשר אלא לכהונה דכולהו אמוראי דמכשרי מודו שהולד פגום לכהונה

מק”ו מאלמנה מה אלמנה לכהן גדול שאין איסורה שוה בכל בנה פגום זו שאיסורה שוה בכל אינו דין שבנה פגום

מה לאלמנה לכהן גדול שכן היא עצמה מתחללת הכא נמי כיון שנבעלה פסלה

דאמר רבי יוחנן משום רבי שמעון מנין לעובד כוכבים ועבד הבא על הכהנת ועל הלויה ועל הישראלית שפסלוה שנאמר (ויקרא כב, יג) ובת כהן כי תהיה אלמנה וגרושה מי שיש לו אלמנות וגירושין בה יצאו עובד כוכבים ועבד שאין להם אלמנות וגירושין בה

אמר ליה אביי מאי חזית דסמכת אדרב דימי סמוך אדרבין דכי אתא רבין אמר רבי נתן ורבי יהודה הנשיא מורים בה להיתירא ומאן רבי יהודה הנשיא רבי

6.   Reform Responsa

The concept of paternity as the determining factor in progeny being considered as having Jewish descent is a constant in the Hebrew Bible, as the authors of the Report elaborated: “both the Biblical and the Rabbinical traditions take for granted that ordinarily the paternal line is decisive in the tracing of descent within the Jewish people.” Numerous examples in the Hebrew Bible determine a child’s status by the father’s tribe. The Report further asserts, “in the Rabbinic tradition, this tradition remains in force,” citing as prooftexts examples of Priestly status–“the child of an Israelite who marries a Kohenet is an Israelite” and the Talmudic precept, “the most important parental responsibility to teach Torah rested with the father (Kiddushin 29a; df. Shulchan Aruch, Yoredeah 245.1).” Only in the case where “the marriage was considered not to be licit, the child of that marriage followed the status of the mother (Mishna Kiddushin 3.12, havalad kemotah).” The Report offers a sociological interpretation of the reason for matrilineal descent in illicit unions: “the woman with her child had no recourse but to return to her own people.[ii]

  1. In Contemporary Israel – The Problem

Lev Paschov, an Israeli soldier who immigrated to Israel under the Law of Return from the Former Soviet Union, was killed while on active duty in Southern Lebanon in 1993, and buried twice. He was first interred in a regular Israeli military cemetery, but after it was discovered that his mother was not Jewish, his body was exhumed, and Paschov was buried a second time, in a cemetery for non-Jews.

For many Israelis, the macabre end of Paschov’s brief life journey was deeply disturbing. How was it possible that someone could be welcomed to Israel under the Law of Return, serve the Jewish state’s army, and die defending his adopted homeland, and still not be considered Jewish enough to be buried alongside his comrades?[iii]

  1. Return to Patrilineal descent in Israel

Responsa of Rabbi  Ben­Zion Meir Hai Uziel, the chief rabbi of Israel in the 1940s and 1950

…From here we learn,that a patrilineal Jew brought by his father for a conversion should be accepted by the beit din. Even though this child is called the child of the Gentile woman, he is still considered zera yisrael (of Jewish stock)… everyone agrees that children of a Jewish man born to a Gentile woman are called zera yisrael, therefore, when the father brings him to convert, the child reverts to his original lineage. Responsa Piskei Uzziel Be­She’eilot Hazeman #64[iv]

 

…מכאן אנו לומדים במכל שכן כשגוי זה הוא בן ישראל מנכרית ואביו מביאו להתגייר שבי”ד נזקקים לגרותו משום דאע”ג שהוא נקרא בנה של הנכרית אינו יוצא מכלל זרע ישראל… הלכך כשאביו הביאו להתגייר חוזר הילד לעיקר זרעו, … הא למדת דבן הבא מן הנכרית נקרא זרעו של ישראל ועובר עליו משום ומזרעך לא תתן להעביר למולך, הלכך אם בא לגיירו מצוה עלינו להזדקק לגרותו כדי לכפר עון האב מאחרי הגרות ולבל ידח ממנו נדח. ואין לחוש שמא יגרר אחרי אמו דאדרבא אם דוחים אותו ועוקרים אותו ממקור חייו וזרעו שהוא אביו ודאי שיטמע בין הגויים ויכפור באלהי ישראל, וישנא תכלית שנאה את היהדות ותורתה…

 

  1. Feminist Response – Irony

I hope it is not impertinent, for someone writing thousands of miles distant from the great country in which the women’s liberation movement has made such rapid strides, to express astonishment that the clamor to change an ancient law which makes Jewish status depend on the mother should have originated in that very country.

There is no problem of Descent, Lous Jacobs[v]

10. Feminist Response – The Jewish Community’s “Need” to Punish Men Who Intermarry

Judith Hauptmann, a Talmud scholar widely known for her work in advancing feminist scholarship of Judaism … proceeds to argue that the modern Jewish community should not rescind matrilineal descent because doing so would have the effect of removing a punishment against Jewish men who intermarry.[vi]

  1. Matrilineal descent Redux

Hence a man leaves his father and mother and clings to his wife, so that they become one flesh  Genesis 2: 24

 

עַל־כֵּן֙ יַֽעֲזָב־אִ֔ישׁ אֶת־אָבִ֖יו וְאֶת־אִמּ֑וֹ וְדָבַ֣ק בְּאִשְׁתּ֔וֹ וְהָי֖וּ לְבָשָׂ֥ר אֶחָֽד׃

Rashi  ONE FLESH — Both parents are united in the child.

לבשר אחד. הַוָּלָד נוֹצָר עַל יְדֵי שְׁנֵיהֶם וְשָׁם נַעֲשֶׁה בְשָׂרָם אֶחָד

 

Genesis 17: 21

וְאֶת־בְּרִיתִ֖י אָקִ֣ים אֶת־יִצְחָ֑ק אֲשֶׁר֩ תֵּלֵ֨ד לְךָ֤ שָׂרָה֙ לַמּוֹעֵ֣ד הַזֶּ֔ה בַּשָּׁנָ֖ה הָאַחֶֽרֶת׃

But My covenant I will maintain with Isaac, whom Sarah shall bear to you at this season next year.”

A certain man of the house of Levi went and married a Levite woman[vii]. Exodus 2: 1

וַיֵּ֥לֶךְ אִ֖ישׁ מִבֵּ֣ית לֵוִ֑י וַיִּקַּ֖ח אֶת־בַּת־לֵוִֽי

[i] MATRILINEALITY AND PATRILINEALITY IN JEWISH LAW AND COMMUNITY, PART 1 Rabbi Ethan Tucker

[ii] 1 “Reform Movement’s Resolution on Patrilineal Descent,” Report of the Committee on Patrilineal Descent, adopted on March 15, 1983. Can be accessed at http://www.jewishvirtuallibrary.org/source/Judaism/patrilineal1.html

[iii] WHAT, NOT WHO, IS A JEW? Daniel Gordis March 1, 2011

[iv] MATRILINEALITY AND PATRILINEALITY IN JEWISH LAW AND COMMUNITY, PART 2, Rabbi Ethan Tucker

See also: https://books.google.com/books?id=MlImAQAAIAAJ&focus=searchwithinvolume&q=Irregular+marriages

[v] Originally published in Judaism 34.1 (Winter 1985), 55-59.

[vi] Patrilineal Descent–an Examination of Non-Lineal Descent.” Judaism, Winter 1985, pp. 46-50.

[vii] Laws regarding a Bat Levi as relates to the redemption of the first born son: If the father is a kohen or a levi, or if the mother is the daughter of a cohen or a levi, there is no mitzvah of pidyon haben (Shulchan Aruch 305:18).

If a boy is born from a non-Jewish father and a bas levi, there is also no mitzvah of pidyon haben since his mother is the daughter of a levi. However, if a boy is born from a non-Jewish father and a bas kohen, a pidyon haben is performed. Since the daughter of the kohen has violated her kedusha by having relations with a gentile, she loses her hallachic status as a bas kohen (Shulchan Aruch 305:18). Similarly, if a bas yisroel has a child with a non-Jew, a pidyon haben is performed. The Aruch Hashulchan comments that in this scenario it is difficult to ascertain who is obligated to perform the pidyon haben. The father, who is not Jewish, is obviously not obligated to perform this or any mitzvah. The mother is exempt as well, as this mitzvah is never the obligation of the mother (as we shall explain). Rather, in this case the child should perform his own pidyon when he reached the age of thirteen. Other poskim disagree and feel that the beis din should perform the pidyon right away- see Igros Moshe Y.D. 195 and Sheilas Yeshurun page 140.

 

The mishna taught that Rabban Shimon ben Gamliel said: There were no days as happy for the Jewish people as the fifteenth of Av and as Yom Kippur.

However, what is the special joy of the fifteenth of Av? Rav Yehuda said that Shmuel said: This was the day on which the members of different tribes were permitted to enter one another’s tribe, by intermarriage. It was initially prohibited to intermarry between tribes, so as to keep each plot of land within the portion of the tribe that originally inherited it. This halakha was instituted by the Torah in the wake of a complaint by the relatives of the daughters of Zelophehad, who were worried that if these women married men from other tribes, the inheritance of Zelophehad would be lost from his tribe (see Numbers 36:1–12).

What did they expound, in support of their conclusion that this halakha was no longer in effect? The verse states: “This is the matter that the Lord has commanded concerning the daughters of Zelophehad, saying: Let them marry whom they think best; only into the family of the tribe of their father shall they marry” (Numbers 36:5). They derived from the verse that this matter shall be practiced only in this generation, when Eretz Yisrael was divided among the tribes, but afterward members of different tribes were permitted to marry. On the day this barrier separating the tribes was removed, the Sages established a permanent day of rejoicing.

 

א”ר שמעון ב”ג לא היו ימים טובים לישראל כחמשה עשר באב וכיוה”כ: בשלמא יום הכפורים משום דאית ביה סליחה ומחילה יום שניתנו בו לוחות האחרונות

אלא ט”ו באב מאי היא אמר רב יהודה אמר שמואל יום שהותרו שבטים לבוא זה בזה

מאי דרוש (במדבר לו, ו) זה הדבר אשר צוה ה’ לבנות צלפחד וגו’ דבר זה לא יהא נוהג אלא בדור זה

Women Rule

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Sinning for God

Esther’s Purim message and how women save the world

Using Esther and other Biblical heroines we explore a feminist take on a Rabbinic theme of women sinning for the sake of heaven and for a greater good….

Listen to the madlik podcast:

The podcast was recorded in front of a live audience at a Kavanah session at TCS – The Conservative Synagogue of Westport, CT.

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notes:

Esther

Esther sent a message to Mordecai: “Go, gather together all the Jews who are present in Shushan, and fast for me, and neither eat nor drink for three days, night and day; I also and my maidens will fast likewise, and so will I go in to the king, not according to the custom” (Esther 4:16). Rabbi Abba said: It will not be according to my usual custom, for every day until now when I submitted myself to Ahasuerus it was under compulsion, but now I will be submitting myself to him of my own free will. And Esther further said: “And if I perish, I perish” (Esther 4:16). What she meant was: Just as I was lost to my father’s house ever since I was brought here, so too, shall I be lost to you, for after voluntarily having relations with Ahasuerus, I shall be forever forbidden to you. (Babylonian Talmud Megillah 15a)[i][ii]

לך כנוס את־כל־היהודים הנמצאים בשושן וצומו עלי ואל־תאכלו ואל־תשתו שלשת ימים לילה ויום גם־אני ונערתי אצום כן ובכן אבוא אל־המלך אשר לא־כדת וכאשר אבדתי אבדתי עד אשר לא כדת אמר רבי אבא שלא כדת היה שבכל יום ויום עד עכשיו באונס ועכשיו ברצון וכאשר אבדתי אבדתי כשם שאבדתי מבית אבא כך אובד ממך

Tamar

Ulla said: Tamar engaged in licentious sexual intercourse [with her father-in-law, Judah (see Genesis, chapter 38),] and Zimri ben Salu also engaged in licentious sexual intercourse [with a Midianite woman (see Numbers, chapter 25).]  Tamar engaged in licentious sexual intercourse and merited that kings descended from her and she also merited to be the ancestor of prophets [e.g., Isaiah, who was related to the royal family]. Conversely, with regard to Zimri, several multitudes of Israel fell due to him.

Rav Naḥman bar Yitzḥak said: Greater is a transgression committed for its own sake, i.e., for the sake of Heaven, than a mitzva performed not for its own sake.

The Gemara questions this comparison: But didn’t Rav Yehuda say that Rav said: A person should always occupy himself with Torah and mitzvot even not for their own sake, as it is through acts performed not for their own sake that good deeds for their own sake come about? How, then, can any transgression be considered greater than a mitzva not for the sake of Heaven?

אמר עולא תמר זינתה זמרי זינה

תמר זינתה יצאו ממנה מלכים ונביאים זמרי זינה נפלו עליו כמה רבבות מישראל

אמר ר”נ בר יצחק גדולה עבירה לשמה ממצוה שלא לשמה והאמר רב יהודה אמר רב לעולם יעסוק אדם בתורה ובמצות אפי’ שלא לשמן שמתוך שלא לשמן בא לשמן

Yael

Rather say: A transgression for the sake of Heaven is equivalent to a mitzva not for its own sake. The proof is as it is written: “Blessed above women shall Yael be, the wife of Hever the Kenite, above women in the tent she shall be blessed” (Judges 5:24 Etz Hayim p 425), and it is taught: Who are these “women in the tent?” They are Sarah, Rebecca, Rachel, and Leah. Yael’s forbidden intercourse with Sisera for the sake of Heaven is compared to the sexual intercourse in which the Matriarchs engaged.[iii]

Rabbi Yoḥanan said: That wicked one, Sisera, engaged in seven acts of sexual intercourse with Yael at that time, as it is stated: “Between her feet he sunk, he fell, he lay; between her feet he sunk, he fell; where he sunk, there he fell down dead” (Judges 5:27). Each mention of falling is referring to another act of intercourse.

אלא אימא כמצוה שלא לשמה דכתיב (שופטים ה, כד) תבורך מנשים יעל אשת חבר הקני מנשים באהל תבורך מאן נשים שבאהל שרה רבקה רחל ולאה

א”ר יוחנן שבע בעילות בעל אותו רשע באותה שעה שנאמר (שופטים ה, כז) בין רגליה כרע נפל שכב בין רגליה כרע נפל באשר כרע שם נפל שדוד

Lots Daughters         Rabbi Ḥiyya bar Avin said that Rabbi Yehoshua ben Korḥa said: A
person should always come first with regard to a matter of a mitzva, as in reward of the one night that the elder daughter of Lot preceded the younger for the sake of a mitzva, she merited to precede the younger daughter by four generations to the monarchy of the Jewish people. The descendants of Ruth the Moabite ruled over the Jewish people for four generations: Obed, Yishai, David, and Solomon, before the reign of Solomon’s son Rehoboam, whose mother was Naamah the Ammonite. (Babylonian Talmud Tractate Nazir 23:b)

א”ר חייא בר אבין א”ר יהושע בן קרחה לעולם יקדים אדם לדבר מצוה שבשכר לילה אחת שקדמתה בכירה לצעירה

זכתה וקדמה ארבעה דורות בישראל למלכו’

Eve

Starting with Eve and that damned apple, women have been depicted (and mostly condemned) as the willful and wily seducers of men: …Even the daughter of the patriarch Jacob, a woman who is the apparent victim of rape, is blamed by some of the more misogynistic rabbinical sages for provoking her rapist. And a minority tradition in the rabbinical literature reaches a similar conclusion about Lot’s daughters: “Lot is a warning example to men to avoid being alone with women, lest [they] should entice them to sin, as did Lot’s daughters.”

However, “an open-eyed reading of the Bible reveals that women play a crucial and dynamic role in the destiny of humankind, in both Jewish and Christian tradition. Inevitably, a woman figures decisively in the recurring theme of “the birth of the chosen one,” starting with the matriarchs of the Hebrew Bible and culminating with the Virgin Mary in the Christian Bible. As we have already seen, Lot’s daughters and Judah’s daughter-in-law are examples of how the bearer of the “chosen one” is not passively impregnated with the seed of a patriarch; rather, these women take it upon themselves to defy the will of powerful men and sometimes God himself in order to bring about the crucial birth. Indeed, the Bible frequently singles out “the woman as initiator of events,” as Ramras-Rauch puts it. “From Eve through Sarah and Esther, women have shaped sacred history through word and deed.””[iv]

Contemporary Feminist Interpretations of the “Sin” of Eve [v]

Mieke Bal[vi] does not see the action of eating the fruit as sin. Rather, Bal views the woman’s choice to eat as a way to gain the wisdom that will make her like God. Ironically, her choice also fulfills God’s intention of humanity made in the divine image (Gen. 1:27). By choosing to eat and gain knowledge, including sexual knowledge, the woman makes the continuance of the species possible, even though the individual will not be immortal. Her choice is a choice for reality. Her choice puts an end to the fantasy of individual immortality. It opens up reality as we know it.

Lyn Bechtel asks, why, if humans were created immortal, were they also created sexual? If they were created immortal, why were they made of finite clay? Why after eating the fruit do the humans fear their nakedness rather than death? Why is it considered punishment for Adam to be sent into the world to be a farmer, when Genesis 2:5 tells us that humans were intended to cultivate the ground? Bechtel interprets the Adam and Eve story as the story of human maturation…. Thus it is better to interpret this to mean that those who eat will become aware of the reality of death. That is what gradually happens as we mature. … After the humans mature, they are ready to enter the world where they will take up their life’s work, the work God intended them to do from the beginning. Although Bechtel sees the story as androcentric, she does not believe it is sexist. In addition, her reading has the advantage of placing life in the real world in a positive light. It is not a punishment for sin, but the world God created for mature men and women to share as partners.

Dutch scholar Ellen van Wolde discusses this problem in her treatment of the Adam and Eve story, which is similar to Bechtel’s. She sees the clue to the whole story in Genesis 2:24: “Therefore a man leaves his father and his mother and clings to his wife, and they become one flesh.” She writes: As man leaves his father and mother to become independent, so man, male and female, leaves YHWH God by means of his transgression of the prohibition in 3:1–7 to become independent. . . . The realization that verse 2:24 presents man’s process of development in a nutshell and the realization that a similar behavior can be observed in man’s attitude towards YHWH God, makes the reader aware of the fact that Gen 2–3 is really one extensive description of this growth.  Van Wolde sees the transgression as a necessary disobedience, because freedom is the one thing that God could not build directly into the universe. Freedom cannot be conferred. It can only be grasped.

Carol Meyers, one of the most important recent interpreters of the Adam and Eve story, treats Genesis 2–3 as a narrative of human origins, as a story that explains why certain human conditions are as they are, and as a parable or wisdom tale.  … The prominent role of the female rather than the male in the wisdom aspects of the Eden tale is a little-noticed feature of the narrative. It is the woman, and not the man, who perceives the desirability of procuring wisdom. The woman, again not the man, is the articulate member of the first pair who engages in dialogue even before the benefits of the wisdom tree have been produced. This association between the female and the qualities of wisdom may have a mythic background, with the features of a Semitic wisdom goddess underlying the intellectual prominence of the woman of Eden.

[i] See also Tosefot Ketubot 3b “Lidrosh”

[ii] According to Rabbinic tradition, Esther was married to Mordechai: The verse states: “And when her father and mother were dead, Mordecai took her for his own daughter” (Esther 2:7). A tanna taught a baraita in the name of Rabbi Meir: Do not read the verse literally as for a daughter [bat], but rather read it as for a home [bayit]. This indicates that Mordecai took Esther to be his wife. (Babylonian Talmud Megilla 13a)

ובמות אביה ואמה לקחה מרדכי לו לבת תנא משום ר”מ אל תקרי לבת אלא לבית

[iii] Alternative reading in Babylonian Talmud Tractate Horayot 10b: Who are these “women in the tent”? They are Sarah, Rebecca, Rachel, and Leah, and Yael is more blessed than they are. Apparently, a mitzva performed not for its own sake is a negative phenomenon.

אמר רב נחמן בר יצחק גדולה עבירה לשמה ממצוה שלא לשמה שנאמר (שופטים ה, כד) תבורך מנשים יעל אשת חבר הקיני מנשים באהל תבורך מאן נינהו נשים באהל שרה רבקה רחל ולאה

[iv] Kirsch, Jonathan. The Harlot by the Side of the Road (pp. 58 and 251-252). Random House Publishing Group.

[v] See: Helpmates, Harlots, and Heroes – Women’s Stories in the Hebrew Bible by Alice Ogden Bellis, 2007 chapter 2 The Story of Eve

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introducing the LoBa Bramulke by Vashti®

Shushan, New York – 15 Adar II 5776

(for press release click here)

799_yarmulkebra

In a move that took fashion industry pundits by surprise, LoBa Kippa today announced its entry into the lingerie market.  Noticing a spike in sales of its popular Loba Kippa 3-pack the Loba Google analytics team realized that women were buying one loba Kippa for their husbands and keeping two for themselves. A closer reading of Megillat Esther confirmed what women have known for over two thousand years… That “Lo” means “Lo” and when a woman says she’s not coming she means Lo Ba.. I’m not coming!  Taking the LoBa message to feminists and cross-dressers, the LoBa Bramulke supports an individual’s inalienable right to stand up to sexual exploitation and to anointed kings and saviors.

הַמֶּלֶךְ אֲחַשְׁוֵרוֹשׁ אָמַר לְהָבִיא אֶת-וַשְׁתִּי הַמַּלְכָּה לְפָנָיו–וְלֹא-בָאָה

The king Ahasuerus commanded Vashti the queen to be brought before him, but she came not (Esther 1:17)

The LoBa spokesperson would not reveal any further details relating to the bramulke other than to say that due to the organization’s aversion to magical thinking  Loba intimate wear would provide a stark alternative to the Miracle Bra™ and would provide consumers with extra support and lift using hard work, sustainable materials and other natural means.

Furthermore the bra like the loba movement itself will reveal universalism and visions of eschatological harmony as no longer fashionable. The loba bramulke will lift up the related parties while enthusiastically preserving and accentuating the natural contours and healthy cleavage necessary for independent movement and divergent activities.

Asked if there is any competition, the spokesperson recalled that in the’60s there was a lobra movement, but that today LoBa is in a world unto itself.

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About LoBa Kippa – LoBa is the next big movement in Judaism.  It’s a growing group of thought leaders who believe that while the idea of a Savior and Final Redemption have played a role in the past, in today’s world of religious fanaticism, Messianism has become the most destructive concept shared by the world’s monotheistic religions.

LoBa  (לא בא) is Hebrew  for “not coming” and the LoBa store is for those of us who are not waiting. We’re not waiting for the Mashiach, the Messiah, the Second Coming, the Caliphate, the hidden Mahdi, hidden Imam or any other end-time magical solution.

Based on lyrics from a popular Israeli song our products proclaim that the Mashiach isn’t coming, he’s not even calling…   משיח לא בא – משיח גם לא מטלפן

LoBa customers reject any theology or ideology that wishes to change the world with a bang.

We’re not a negative group, we just reject those who feel empowered to disregard the rules of society and rights of others in order to bring a new age or end-time. Rather than wait, we engage in making the world a better place one step at a time and for its own sake.

Our products make a great gift for a loved one.. including yourself.  And you don’t have to be Jewish to love LoBa.  It’s just that we Jews introduced the world to Messianism, so it’s only fair that we lead the way in getting rid of this unhelpful and oh too many times, destructive idea.

Web site: www.lobakippa.com
Contact: info@lobakippa.com

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celebrating women and ending tribalism

parshat pinchas

There are followers of the Supreme Court who monitor decisions like baseball fans keep batting statistics. I’ve been keeping track of the Divine Court and by my count we do really well when we go directly to God.  It’s a shame we don’t ask more difficult questions of our Spiritual leaders and go directly to God more often.

First in Exodus 18:24-26 Jethro questions Moses’s top down judicial system and, with God’s input, we get a workable court system.  Score 1 for the people.

In Numbers 9:8 Moses was asked by men who were impure or had travel plans, whether they may bring the Pascal offering at a later date, and again, with God’s intercession, we get the one and only make-up ritual sanctioned by God. Score 2 for the people.

And then there’s the daughters of Zelophehad Numbers 27 1-12:

Then drew near the daughters of Zelophehad, … And they stood before Moses, and before Eleazar the priest, and before the princes and all the congregation, at the door of the tent of meeting, saying: Our father died in the wilderness, and he was not among the company of them that gathered themselves together against the LORD in the company of Korah, but he died in his own sin; and he had no sons. Why should the name of our father be done away from among his family, because he had no son? Give unto us a possession among the brethren of our father.’

And Moses brought their cause before the LORD.

And the LORD spoke unto Moses, saying: The daughters of Zelophehad speak right: thou shalt surely give them a possession of an inheritance among their father’s brethren; and thou shalt cause the inheritance of their father to pass unto them. And thou shalt speak unto the children of Israel, saying: If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter. …. And it shall be unto the children of Israel a statute of judgment, as the LORD commanded Moses.’

And the LORD said unto Moses: ‘Get thee up into this mountain of Abarim, and behold the land which I have given unto the children of Israel.

 וַתִּקְרַבְנָה בְּנוֹת צְלָפְחָד

 וַתַּעֲמֹדְנָה לִפְנֵי מֹשֶׁה, וְלִפְנֵי אֶלְעָזָר הַכֹּהֵן, וְלִפְנֵי הַנְּשִׂיאִם, וְכָל-הָעֵדָה–פֶּתַח אֹהֶל-מוֹעֵד, לֵאמֹר

  אָבִינוּ, מֵת בַּמִּדְבָּר, וְהוּא לֹא-הָיָה בְּתוֹךְ הָעֵדָה הַנּוֹעָדִים עַל-יְהוָה, בַּעֲדַת-קֹרַח:  כִּי-בְחֶטְאוֹ מֵת, וּבָנִים לֹא-הָיוּ לוֹ

 לָמָּה יִגָּרַע שֵׁם-אָבִינוּ מִתּוֹךְ מִשְׁפַּחְתּוֹ, כִּי אֵין לוֹ בֵּן; תְּנָה-לָּנוּ אֲחֻזָּה, בְּתוֹךְ אֲחֵי אָבִינוּ

לִפְנֵי ה’ וַיַּקְרֵב מֹשֶׁה אֶת-מִשְׁפָּטָן

 וַיֹּאמֶר ה’, אֶל-מֹשֶׁה לֵּאמֹר

 כֵּן, בְּנוֹת צְלָפְחָד דֹּבְרֹת–נָתֹן תִּתֵּן לָהֶם אֲחֻזַּת נַחֲלָה, בְּתוֹךְ אֲחֵי אֲבִיהֶם; וְהַעֲבַרְתָּ אֶת-נַחֲלַת אֲבִיהֶן, לָהֶן

 וְאֶל-בְּנֵי יִשְׂרָאֵל, תְּדַבֵּר לֵאמֹר:  אִישׁ כִּי-יָמוּת, וּבֵן אֵין לוֹ–וְהַעֲבַרְתֶּם אֶת-נַחֲלָתוֹ, לְבִתּו…ֹ

 וַיֹּאמֶר ה’ אֶל-מֹשֶׁה, עֲלֵה אֶל-הַר הָעֲבָרִים הַזֶּה; וּרְאֵה, אֶת-הָאָרֶץ, אֲשֶׁר נָתַתִּי, לִבְנֵי יִשְׂרָאֵל

Three out of three decisions for the people is a pretty good record.  It’s a shame the Children of Israel did not approach the divine bench more frequently, but the lesson is clear, we have to badger our leaders with inconvenient questions and force them to question the status quo and acknowledge those annoying facts.  If they don’t have the answers we need to go to a higher authority.

Rashi wonders why the biblical editor chose to place Moses’s iconic  “I’ve Been to the Mountaintop” moment next to the account of the daughters of Zelophehad.

Go up to this mount Abarim: Why is this [passage] juxtaposed here [with the previous passage]? When the Holy One, blessed is He, said, “You shall certainly give them…” (verse 7), he [Moses] said, “The Omnipresent commanded me to allocate the inheritance! Perhaps the decree has been annulled, and I will enter the Land?” The Holy One, blessed is He, said to him, “My decree remains as it was” (Mid. Tanchuma Pinchas 9).

 עלה אל הר העבריםלמה נסמכה לכאן, כיון שאמר הקב”ה נתן תתן להם, אמר אותי צוה המקום להנחיל, שמא הותרה הגזירה ואכנס לארץ. אמר לו הקב”ה גזרתי במקומה עומדת

It’s a sad and unsatisfying explanation….  God gives Zelophehad (the father) the ability to retain his tribal plot of land in the Promised Land and Moses asks: “What about me?” ..  I think it misses the point.  Moses didn’t take God up to the Mount of Abarim to teach God a lesson, God took Moses to the mountaintop to teach Moses a lesson. More to the point, the daughters approached God primarily to claim what was theirs, not to insure that their father had a legacy.  Sure they diplomatically couched their argument in terms that would appeal to a patriarchal society: “Why should the name of our father be done away” לָמָּה יִגָּרַע שֵׁם-אָבִינוּ but what they were really looking for was equal property rights: “Give unto us a possession”  תְּנָה-לָּנוּ אֲחֻזָּה

Moses and all the men gathered in front of the Tent of Meeting lacked the vision thing….  They couldn’t see beyond their male chauvinism and they couldn’t see beyond the confines of tribalism.

God took Moses up to the mountaintop to let him see the vision of a Promised Land which was not to be confined to male dominance and tribal paternalism… that’s why the Mountaintop moment is placed right after the daughter’s day in court.

To their credit, some Rabbinic sages saw this enlightened message too.  Listen and smile…

“Their eyes saw that which Moses’ eyes did not see” (that is that there are times when women can see something that even someone as great as Moses, who spoke with the Shechina “mouth to mouth,” did not see.) And God consented to their words unequivocally: “Correctly have the daughters of Zelaphchad spoken.”  God listened to their claim (“God conceded the truth!” Avot D’Rebbe Natan Ch. 37) and changed the laws of inheritance to make them more egalitarian (relatively, as should be understood) see this quote in a lengthy polemic between R. Ysoscher Katz in a letter to Rav H. Schachter in Hebrew on page 3 here.

R Ysoscher Katz Letter to Rav H Schachter

R Ysoscher Katz Letter to Rav H Schachter

ומודה על האמת – זה משה, שנאמר: (דברים ה) “ויאמר ה’ אלי וגו’ הטיבו (את) כל אשר דברו”. וכן הקדוש ברוך הוא הודה על האמת שנאמר: (במדבר כז) “כן בנות צלפחד דוברות”

Yalkut Shimoni (Yehoshua 15, also appears in at least one other midrashic source): see comment by Emma here

Since the daughters of Zelophehad saw that the land is divided to males and not females, they gathered everyone together to get advice.  They said that the benevolence of humans are not the same as the benevolence of God.  The benevolence of humans (lit. flesh and blood) is [favored] on males more than females, but He who said “Let the world be” is not so [biased] in His benevolence to males and females, and on all [other genders?], as it is written “He gives bread to all flesh, He gives to animals bread.. and as it is written “God is good to all and His benevolence is on all of his creations.

כיון שראו בנות צלפחד שהארץ נתחלקה לזכרים ולא לנקבות, נתקבצו כולן זו על זו ליטול עצה, אמרו לא רחמי בשר ודם כרחמי המקום, רחמי ב”ו רחמיו על הזכרים יותר מהנקבות, אבל מי שאמר והיה העולם אינו כן רחמיו על הזכרים ועל הנקבות, ועל הכל, שנאמר נותן לחם לכל בשר, נותן לבהמה לחמה, ואומר טוב ה’ לכל ורחמיו על כל מעשיו

Similarly, but with less nuance regarding the male chauvinistic bias it is written in the Sifre’ (quoted in Torah Temimah)

And the daughters of Zelaphchad came close: Since the daughters heard that the land will be divided by tribes and not to women [ed interesting juxtaposition] they all gathered to get advice.  They said, “Not like the benevolence of flesh and blood is the benevolence of the Holy One.  Blood and flesh is benevolent on males more than females, but the Holy one is benevolent on everyone as it is written (Psalm 145) “and His mercy is on all His creations”

 

Sifre Tzelofchod

Much as been written lately about using the way a society treats its women as a gauge to determine whether that society can support democracy and the rule of law. It seems to me that that in the biblical text and in the Rabbinic texts we have visited, there is an additional link made between women’s rights and a post-tribal society.  It is afterall, tribalism that is responsible for so much of the blood-letting, honor killings and cycle of revenge killings that mars our world today.

What did Moses see at the mountain top?  Maybe he saw into the future, in the streets of Jerusalem, women dancing and celebrating the end of misogyny and tribalism….. The 15th of Ab when not only could women inherit, they could also marry outside of their tribe. Let’s hope that such a vision is in our future too….

Babylonian Talmud, Ta'anit 30b

Babylonian Talmud, Ta’anit 30b

 

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wear big tzitzit and follow a rebbe whose not afraid

Rabbi Shlomo Carlebach on parshat shalach

Earlier this week I was randomly browsing SoundCloud and I came across an audio recording of a young  Shlomo Carlebach.   There are only three audio files posted and one,  from a late 80’s Ruach Retreat in upstate New York was on parshat shalach.  Ok, Ok,.. so when it comes to Reb Shlomo, maybe there’s no such thing as random….

Carlebach, known as “The Singing Rabbi” who wrote melodies that have enhanced every aspect of every denominational liturgy also wrote Am Yisroel Chai;  the anthem of the Soviet Jewry movement.  You may have also heard his stories preserved in a CD set.  But he was much more than a singer or story teller.  Carlebach was an original thinker and charismatic leader who affected thousands of change makers in the Jewish world.

The audio talk that you are about to listen to is brilliant in its audacity and passion and surprisingly timely.  It relates to those living outside of Israel who criticize Israel.  It relates to “small” and fearful rabbinic authority and leadership and, with a little extrapolation, it relates to a modern Israeli trend of secular Jews (hilonim) taking back Judaism on their terms.

I am pleased to share this audio file on Madlik and in the tradition of the Yeshiva, I provide below the imagined sources (mareh mekomot) and context of Rabbi Calrebach’s talk below.

 https://soundcloud.com/carlebach-legacy/reb-shlomo-on-shlach-how-does-one-make-it-in-this-world

  1. Meraglim – These are the 12 biblical “spies” appointed by Moses to scout out the land of Israel (Eretz Yisroel) in Numbers 13.  Ten of these scouts returned with a negative report which resulted in a 40 year delay in entering the land of Israel.
  2. Carlebach talks about the positive commandment to wear ritual fringes (tzitzit) and he talks about the morality play of the biblical scouts.  These two themes adjoin each other in the text of Numbers 13 – 15 and Reb Shlomo, like Rabbinic scholars before him provides an explanation for the connection between the two seemingly unrelated subjects.The traditional answer relates the word  “to EXPLORE (la-tur) the land… TO EXPLORE the land of Canaan” (13:16-17) with “You shall not EXPLORE AFTER (lo taturu acharei) your hearts…” (15:39) (for more see: “You Shall Not Explore After Your Heart and After Your Eyes…” By Rav Amnon Bazak).  The scouts sinned by what they observed, the fringes are meant to correct one’s moral vision. Carlebach takes this implicit connection further by contrasting “little” tzitzit to small vision (see below)
  3. Reb Shlomo talks about little ztitzit and big zitizit and compares them to the little Shabbos and the Big Shabbos.  This is based on a statement in the Talmud Berachot 57b that our weekly Shabbat is one sixtieth of the world to come.  This concept is the source of the prayer in the Sabbath grace after meals “May the Merciful One grant us a day that shall be entirely Shabbat and eternal rest.הָרַחֲמָן הוּא  יַנחִילֵנוּ לְיוֹם שֶׁכֻּלּוֹ שַׁבָּת וּמְנוּחָה לְחַיֵּי הָעוֹלָמיםand the sixth stanza of Ma Yedidiut, a song sung at the Shabbat Table: Meayn Olam haba Yom Shabbat Menucha
    מעין עולם הבא יום שבת מנוחהI believe that Carlebach’s extension of this concept to another commandment, such as tzitzit is novel.  In any case, his point is that the spies or scouts could only see the small fringes, and we need leaders or rebbes who have the large tzitzit.
  4. Reb Shlomo tells an outrageous miracle tale typical of Hasidic stories about a student (talmid) of the Baal Shem Tov (the founder of the Hasidic Movement).  You can hear the smile in his voice and laughter in the background. The Zanser Rebbe is reputed to have said of such miracle tales, “If you believe them, you’re a fool (“tippish”). If you don’t believe them, you’re a heretic (apikoris).”
  5. Baal Teshuva – A Baal Teshuva is literally a master of repentance and is traditionally a term applied to a sinner who changes his ways and returns to a life of observance.  In the 80’s, in large part through the efforts of Chabad and outreach yeshivot such as Eish HaTorah, many young Jews (yiddin) who were searching for their spiritual roots returned to Judaism and gave birth to what has been called the Baal Teshuva Movement.  Shlomo Carlebach and Zalman M. Schachter-Shalomi  both started as Chabad emissaries but as they addressed the spiritual needs of the children of the ‘60s they broke out of the constrains of Orthodoxy and created a Jewish Renewal that has enhanced all aspects of Judaism.  There is a tension between these newly inspired Jews and the pre-existing Orthodox community that Carlebach makes reference to. (his quote that Baal Teshuva is a nechtiga baal avera and a hyntica Am Ha’aretz Yesterday’s sinner is today’s ignorant Jew; is priceless..)
  6. Hayim Nahman Bialik (1873–1934), Israel’s national poet, famously exclaimed, “we will be a normal state only when we have the first Jewish prostitute the first Hebrew thief, and the first Hebrew policeman.” Carlebach uses this quote as if he is quoting a traditional Jewish text.  This is radical in and of itself.  What is more radical is where he takes it.  Reasons Carlebach, if we will be normal when we have secular Jewish thieves and a Jewish Underground, then we will really (mamash) become normal when we have our own [secular Jewish] Rebbes.  I’m not sure Carlebach envisioned the secular (hiloni) movement in contemporary Israel to take back Jewish texts and learning spearheaded by Bina, Elul, Beit Hillel and Ein Prat and other organizations, but his Bialik proof text works for me.
  7. Shietal is a wig for head covering
  8. Majority decides – see Exodus 23:2 “after a multitude to pervert justice”
    אַחֲרֵי רַבִּים—לְהַטֹּת
    and Babylonian Talmud Hulin 11a “From here we learn we go after the majority”. See also the story of The Oven of Akhnai (Babylonian Talmud Baba Metzia 59b) which ends with the punchline  “the Torah was already given on Mt. Sinai, and it says in it, “Follow the majority’s ruling” (Ex. 23:2). So we do not obey voices from Heaven.”Carlebach argues here, that when it comes to big decisions like going to the Land of Israel and seeing it’s potential, or …. Choosing a mate… or women learning Torah… we should not follow the majority, nor any rebbe, but follow our inner voice.
  9. “Thousands of Jews would have stayed alive if they had not listened to their Rebbes” Carlebach’s family fled Germany and where spared the Holocaust.  Carlebach is here squarely putting the blame for the death of thousands of faithful Jews on their rabbinic leaders who advised them not to emigrate to the secular yishuv in Israel.  Those same Rabbis are advising us on whether women can study Torah, and I would add are advising us (on the left) to take part in BDS boycotts of Israel and (on the right) to indefinitely occupy land located in Greater Israel.  I think that Carlebach is saying that we learn from the meraglim that we cannot be governed by fear, rebbes or majority opinion … we need to consult our conscience.

I believe that this SoundCloud recording was posted by the Shlomo Carlebach Foundation which can be supported with a tax free contribution via PEF Israel Endowment Funds here.

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rashi, women and wine

parshat nasa

Daf Yomi, the custom of reading a page of Talmud every day until completion in a seven and a half year cycle is covered in the national press. Lesser known is the custom of studying the portion of the week with Rashi’s commentary every week.  I was pleased to find that Chabad honors this custom with a web site that breaks the week’s portion into daily sections to study every day (Chumash with Rashi).

As a yeshiva student I followed this custom, religiously. Rashi’s comments, but mostly his choice of midrashic quotes serve me till today as buoys to navigate the Five Books of Moses. I don’t always agree with this 12th Century Rabbi (see Judaism as an Adventure) but every week, it is his comment that triggers ideas, thoughts and impressions that I have lived and struggled with my whole life as a student of the Torah.

Rashi undoubtedly served as the model for IB Singer’s Yentl the Yeshiva Boy …. in spades.  Rashi had three daughters who allegedly put on tefillin* but most certainly studied Torah with their father.  All of the daughters married prominent scholars and gave birth to scholars, many of who were known as the Tosephots, who in typical Jewish fashion wrote comments in columns facing Rashi’s with strident questions and alternative opinions.

Of note, Rashi’s youngest  daughter, Rachel (also known as Belle Assez lit. “rather beautiful.”) and her husband Eliezer were the parents of Shemiah, a prominent French Tosephot, but their marriage ended in divorce. Rachel is credited with having written a responsa on a question of Talmudic Law for her father when he was sick. (see: RASHI AND HIS DAUGHTERS: ENLIGHTENMENT IN THE DARK AGES, by Maggie Anton and check out her three volume set: Rashi’s Daughters by Maggie Anton.)

By my read, Rashi never misses an opportunity to shed light on gender issues (see: Immaculate Conception), sexual preference and women.

Parshat Naso is a splendid example.  See Numbers 5:18 where the Torah describes what happens to a woman suspected by her husband of infidelity.  The woman, known as a Sotah is forced to submit to a trial by ordeal, which started with a public dressing down of the suspect.

Then the cohen shall stand the woman up before the Lord and expose the [hair on the] head of the woman; he shall place into her hands the remembrance meal offering, which is a meal offering of jealousies, while the bitter curse bearing waters are in the cohen’s hand.

וְהֶעֱמִיד הַכֹּהֵן אֶת-הָאִשָּׁה, לִפְנֵי יְהוָה, וּפָרַע אֶת-רֹאשׁ הָאִשָּׁה, וְנָתַן עַל-כַּפֶּיהָ אֵת מִנְחַת הַזִּכָּרוֹן מִנְחַת קְנָאֹת הִוא; וּבְיַד הַכֹּהֵן יִהְיוּ, מֵי הַמָּרִים הַמְאָרְרִים

Rashi: and expose He unravels the plaits of her hair to humiliate her. From here [we derive] that a bared head is considered a disgrace for the daughters of Israel. — [Babylonian Talmud, Ketubot. 72a]

ופרע:  סותר את קליעת שערה כדי לבזותה, מכאן לבנות ישראל שגלוי הראש גנאי להן

It is not often that Rashi points out the source of a custom or law so I have always wondered why he chose to do so here.  The Talmudic source that he quotes is in the context of a discussion of acts done by a women which are grounds for divorce.  The Talmud actually suggests that from the verse under discussion, a married woman need not cover her hair in a semi private courtyard (or according to another opinion, when she is carrying a basket on her head).  But the Rabbis required that even in these cases she does have to wear a head covering. **  In any case, whether it be by biblical injunction or Rabbinic embellishment, a woman being seen in public with uncovered hair is grounds for divorce.

Since covering one’s hair and modest dress in general figures so prominently in the daily life of an observant woman, it always seemed to me that the Bible should have been more direct in the teaching of it.  To learn it tangentially from what the cohen does to a woman suspected of infidelity, is neither compelling nor convincing.

Looking at Rashi again, I wondered whether Rashi was providing the source of something that was grounds for divorce, or was he simply reporting how this verse was used (or misused) to justify divorce?

The Hebrew word used by the verse, and translated as “uncovering” is פָּרַע para. As anyone who knows the Israeli children’s book; Yehoshua Peruah, (a translation of the German Der Struwwelpeter), “peruah” means unkempt… not uncovered.

YehosuaPeruah

Certainly, the term used for uncovered is suspect.  It is used in three other places in the Torah to mean unkempt or un-cut (see Leviticus 10:6 [Let not the hair of your heads go loose] , 13:45, [the hair of his head shall go loose], and Numbers 6:5 in the next chapter [let the locks of the hair of his head grow long]))

If, as I believe, peruah means unkempt or un-cut, then we might actually have a biblical source for a fashion crime rather than one of immodesty!

It actually makes sense… a woman is suspected or gallivanting around town and carrying on an extramarital affair, the first thing the cohen does is muss up her hair.  And the traditional misreading of the text makes no sense… a woman is accused of infidelity and immodesty so the Cohen removes her kerchief or sheitel?

Knowing that Rashi’s third daughter was a first rate Torah Scholar and posek (legal decider) who was not shy about displaying her scholarship in public, combined with the fact that she divorced her husband (and not because of being barren)… one wonders (at least I do) whether she (like Bruriah before her) questioned and rebelled against those customs which kept Jewish women in the courtyard and it cost her, her marriage.

Is Rashi paying tribute to his daughter and other liberated Jewish women here when he writes: מכאן לבנות ישראל שגלוי הראש גנאי להן “from here (this verse) to Jewish daughters  uncovering the head became degrading to them.”

Moving on…. to my second Rashi commentary in this weekly portion….

All great Jewish Scholars did not earn a living from their Torah learning.  Maimonides was a doctor, Yehuda HaLevi was a poet etc. Rashi lived in France, and while we have no documented proof, the contention is that he had a vineyard and made a living from his winery.  Writes Elie Wiesel:

How did he earn his living? Solely from the produce of his vineyard—there again, if he had one? He did write a lot about wines. He had no salary (in those days, rabbis were not paid), and his students received free instruction.

Wiesel, Elie (2009-08-06). Rashi (Jewish Encounters) (p. 18). Knopf Doubleday Publishing Group. Kindle Edition.

With that in mind, it is easy to appreciate the next Rashi which explains why a Nazirite who has taken a vow not to imbibe wine brings a sin offering: Numbers 6: 11

The cohen shall prepare one for a sin offering and one for a burnt offering and atone on his behalf for sinning by coming into contact with the dead, and he shall sanctify his head on that day.

וְעָשָׂה הַכֹּהֵן, אֶחָד לְחַטָּאת וְאֶחָד לְעֹלָה, וְכִפֶּר עָלָיו, מֵאֲשֶׁר חָטָא עַל-הַנָּפֶשׁ; וְקִדַּשׁ אֶת-רֹאשׁוֹ, בַּיּוֹם הַהוּא

Rashi: for sinning by coming into contact with the dead: Heb. מֵאֲשֶׁר חָטָא עַל הַנֶּפֶשׁ, lit., for sinning concerning the body… Rabbi Eleazar Hakappar says: He afflicted himself [by abstaining] from wine, [thus, he sinned against his own body]. — [Nazir 19a, B.K. 91b, Ta’anith 11a, Sifrei Naso 1:18, and other places]

מאשר חטא על הנפש: שלא נזהר מטומאת המת, רבי אלעזר הקפר אומר שציער עצמו מן היין

Here is the source that Rashi cites: Babylonian Talmud Nazir 19a

For it has been taught: R. Eleazar ha-Kappar, Berabbi, said: Why does the Scripture say, And make atonement for him, for that he sinned by reason of the soul. Against what ‘soul’ did he then sin? It can only be because he denied himself wine. If then this man who denied himself wine only is termed a sinner, how much more so is this true of one who is ascetic in all things!

L’Chaim!

—————–

* There is actually a very heated debate going on in the Orthodox community right now over women wearing tefillin (also referred to as partnership minyanim).  See WOMEN IN TEFILLIN: Rav Hershel Shachter Slams Rabbis Permitting Women To Wear  and see: Rav Ysoscher Katz: Translation of a Letter to Rav H. Schachter shlita

** AND WHAT [IS DEEMED TO BE A WIFE’S TRANSGRESSION AGAINST] JEWISH PRACTICE? GOING OUT WITH UNCOVERED HEAD. [Is not the prohibition against going out with] an uncovered head Pentateuchal [Why then is it here described as one of mere Jewish practice?]; for it is written, And he shall uncover the woman’s head, and this, it was taught at the school of R. Ishmael, was a warning to the daughters of Israel that they should not go out with uncovered head [Why then was this described as traditional Jewish practice]? Pentateuchally it is quite satisfactory [if her head is covered by] her work-basket; according to traditional Jewish practice, however, she is forbidden [to go out uncovered] even with her basket [on her head].  R. Assi stated in the name of R. Johanan: With a basket [on her head a woman] is not guilty of  [going about with] an uncovered head. In considering this statement, R. Zera pointed out this difficulty: Where [is the woman assumed to be]?  If it be suggested, ‘In the street’, [it may be objected that this is already forbidden by] Jewish practice;  but [if she is] in a court-yard  [the objection may be made that] if that were so  you will not leave our father Abraham a [single] daughter who could remain with her husband!  — Abaye, or it might be said, R. Kahana, replied: [The statement refers to one who walks] from one courtyard into another by way of an alley. (Babylonian Talmud Ketubot 72a)

***  It is not beyond Rashi to reference family members.  The choice of midrashic source for the first Rashi on the Chumash which is in the name of Rabbi Yitzhack has been seen as a tribute to Rashi’s father, as in Rav Shlomo ben Yitzchaki (see Eli Weisel Rashi)

His impressive commentary of the Bible starts with a question asked by a Rabbi Yitzhak: why does the Bible begin with the description of the genesis of the world rather than with the first law, which concerns the calendar? We will return to this question. For the time being, let us just recall that for some exegetes, this Rabbi Yitzhak is none other than the author’s father.

Wiesel, Elie (2009-08-06). Rashi (Jewish Encounters) (p. 11). Knopf Doubleday Publishing Group. Kindle Edition.

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